The URL can be used to link to this page

Agenda 04/13/2004 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA April 13, 2004 9:00 AM Donna Fiala, Chairman, District 1 Fred W. Coyle, Vice-Chairman, District 4 Frank Halas, Commissioner, District 2 Tom Henning, Commissioner, District 3 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDSDEPARTMEN~ REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. Page 1 of 9 .... 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) B. March 9, 2004- BCC Regular Meeting C. March 10, 2004 - BCC Regular Continued from March 9, 2004 D. March 12, 2004- CRA Meeting E. March 15, 2004 - BCC/Stormwater Workshop F. March 16, 2004 - BCC/Boathouse Workshop G. March 17, 2004 - BCC/District 4 Townhall Meeting H. March 23, 2004- BCC/Regular I. April 1, 2004 - BCC/District 1 Town Hall Meeting 3. SERVICE AWARDS A. 20 Year Attendees B. 25 Year Attendees C. 30 Year Attendees D. 35 Year Attendees E. 40 Year Attendees 4. PROCLAMATIONS A. The Greater Naples Chamber of Commerce, in cooperation with the Naples Daily News, Sprint, and Comcast is celebrating "Distinguished Public Services Awards Day". To be accepted by Brenda Borchardt, Vice President for The Greater Naples Chamber of Commerce Programs. B. Proclamation to recognize the month of April as National Fair Housing Month in Collier County. To be accepted by Candace Tapscott, Director, U.S. Department of Housing and Urban Development 5. PRESENTATIONS A. This item to be heard at 9:30 a.m. Regional Director Amelio Vazquez extending greetings from Senator Bill Nelson. 6. PUBLIC PETITIONS A. Public Petition Request by Douglas Wilcox to discuss the Public Vehicle Advisory Committee Ordinance. B. Public Petition Request by Kurt Potter to discuss an amendment to Collier County COPCN Ordinance 2004-12. C. Public Petition request by Lynda Flynn to discuss providing seating area at public beach access on Vanderbilt Beach. 7. BOARD OF ZONING APPEALS Page 2 of 9 8. ADVERTISED PUBLIC HEARINGS A. This item to be heard at 1:00 p.m. A Resolution by the Board of County Commissioners of Collier County, Florida, approving the Collier County Second Amended Consolidated Plan One-Year Action Plan for Fiscal Year 2002-2003 for Community Development Block Grants (CDBG) funding, authorizing necessary certifications, approving execution of CDBG sub-recipient agreements by Community Development and Environmental Services (CDES) Division Administrator, authorizing submission to the United States Department of Housing and Urban Development (HUD), and providing for an effective date. · B. This item to be heard at 1:00 p.m. A Resolution by the Board of County Commissioners of Collier County, Florida, approving the Fiscal Year 2004-2005 Collier County Consolidated Plan One-Year Action Plan, for Community Development Block Grant (CDBG), Home Investment Partnerships (HOME) and Emergency Shelter Grant (ESG) programs, authorizing necessary certifications, approving execution of CDBG sub-recipient agreements by CDES Division Administrator, authorizing submission to the United States Department of Housing and Urban Development, and providing for an effective date. C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition RZ-2003-AR-3973 Amerisite LLC, represented by Terrance Kepple of Kepple Engineering, Inc., requesting a rezone from the "A" Rural Agricultural zoning district to the "C- 3" zoning district, for property located at Collier Boulevard (east side) ¼ mile north of Rattlesnake Hammock Road, in Section 14, Township 50 South, Range 26 east, Collier County, Florida, consisting of 9.24 acres. D. Recommend this item to be continued to the April 27, 2004 BCC Meeting. Petition for the establishment of the VeronaWalk Community Development District. E. This item continued from the March 23, 2004 BCC Agenda. An Ordinance of the Board of County Commissioners of Collier County, Florida, Amending Ordinance No. 2003-61 and No. 2003-62 to Clarify the Effective Date Provisions of Those Ordinances; and Amending Chapter 49 of the Code of Laws and Ordinances, As Created by Ordinance Nos. 2003-61 & 2003-62, By Amending Sections 49- 25 and 49-45, Respectively, Pertaining to Program Eligibility Criteria; Providing for Conflict and Severability; Providing for Inclusion in Code of Laws and Ordinances; and Providing for an Effective Date. An amendment to amend the geographic boundaries of the previously approved Ordinance. F. This item continued from the March 23, 2004 BCC Agenda. Adoption of an Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance No. 2003-63, the Immokalee Residential Impact Fee Deferral Program, to clarify the effective date provisions. An amendment to amend the geographic boundaries of the previously approved Ordinance. G. Recommend this item to be continued to the April 27, 2004 BCC Meetirtg. A Public Hearing to Consider an Application submitted by Naples Community Hospital to the Board of County Commissioners for the Issuance of a Certificate of Public Convenience and Necessity to Provide Transportation Services for the Inter-facility Transfer of Post Hospital Patients. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Affordable Housing Commission B. Appointment of member to the County Government Productivity Committee C. Appointment of members to the Animal Services Advisory Board D. Appointment of member to the Collier County Planning Commission E. Appointment of member to the Black Affairs Advisory Board F. Appointment of members to the Environmental Advisory Council G. Appointment of members to the Tourist Development Council 10. COUNTY MANAGER'S REPORT Page 3 of 9 A. Approve Tourist Development Category "A" 10-Year Expense and Revenue Projections B. Approve four Tourist Development Category "A" Grant Applications submitted by the Parks & Recreation Department for Beach Park facilities for Fiscal Year 2005 in the total amount of $307,000. C. Make a determination if Hideaway Beach is an eligible Category A project for the use of TDC funds based on the current approved BCC policy, dated December 16, 2003. Then approve or deny a TDC Category "A" Grant Application requested by the City of Marco Island fo~' the Renourishment and Replacement of Temporary T-Groins on Hideaway Beach, Project 90502, in the Amount of $4,457,000. D. Approve The Denial Of Two Tourist Development Category "A" Grant Applications submitted by the City of Naples for Monitoring Of T-Groins and Turtle Monitoring at Gordon Pass for Fiscal Years 2004 and 2005 In The Amount Of $59,964. E. Approve an Interlocal Agreement between Collier County and the City of Naples indicating that Collier County will withdraw its appeal to object to the City's proposed Comprehensive Plan Amendment regarding overpasses and that the City shall not object to its construction; Project No. 60027-C; No Fiscal Impact F. Authorize the Purchasing Department to advertise bids for the construction of the grade separated overpass at Airport-Pulling Road and Golden Gate Parkway; Project No. 60027-C; Fiscal Impact $500.00 G. This item to be heard at 3:00 p.m. Conducting the Conservation Collier annual public meeting to provide an update on the program's past activities and to provide direction to staff for implementing a future outreach strategy, for soliciting proposals and applications, and for identifying a finance strategy. H. Recommendation to approve a resolution pursuant to Section 112.061(14), Florida Statutes, adopting the federal schedule for travel reimbursement rates for subsistence and mileage for County employees who are traveling on County business. I. Item required to be on Regular Agenda per previous Board direction. Request to approve for recording the final plat of "Horse Creek Estates", formerly known as "Little Palm Island", and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. (This is a companion to Item 10J) J. Petition AVESMT2003-AR5088 to disclaim, renounce and vacate the County's and the Public's interest in a portion of the Utility Easement conveyed to Collier County by separate instrument and recorded in Official Record Book 637, Page 857, and all of the Drainage Easement conveyed to Collier County by separate instrument and recorded in Official Record Book 2248, Pages 1057 through 1058, Public Records of Collier County, Florida. Located in Section 23, Township 48 South, Range 25 East. (This is a companion item to Item 101) 11. PUBLIC COMMENTS ON GENERAL TOPICS A. William Klohn 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. Page 4 of 9 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1. Request to approve for recording the final plat of "Bradford Lakes" AR 4091, and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 2. Request to approve for recording the final plat of "Mustang Island I1", AR-3811, and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 3. Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Naples Lakes Country Club". The roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. 4. To accept Assignment Agreement for the water and sewer facilities easements for Fiddler's Creek, Lake 88. 5. To have the Board of County Commissioners set a public hearing date on May 11, 2004 for consideration of the abandonment of the Development Order as specified in petition DRIABN-03- AR-4987, the Twelve Lakes Development of Regional Impact (DRI) for property located on the north side of Davis Boulevard (SR-84) and the south side of Radio Road (CR-856) in Section 4, Township 50 south, Range 26 east, Collier County, Florida. 6. Proposed Amendment to Resolution 2004-17, which established a fee schedule of development related review, and processing fees as provided for in division 1.10 of the Collier County Land Development Code. 7.Direct Staff to revise the Littoral Shelf Standards of the LDC to clearly indicate that non- functioning Littoral Shelves shall meet the listed criteria identified in the LDC. 8. To accept Assignment Agreement for water and sewer facilities easements for Fiddler's Creek, Phase 3, Unit 2 aka Sandpiper Drive. 9. Request to approve for recording the final plat of "Independence Phase One", and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 10. Request to approve for recording the final plat of "Fiddler's Creek Phase Four, Unit One", and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 11. Final Acceptance Of Water Utility Facilities for First Baptist Church, Phase 1-A & 1-B. B. TRANSPORTATION SERVICES 1. Approve award of a construction contract with John Carlo, Inc. for intersection improvements in the amount of $507,543.69 on Golden Gate Parkway at Sunshine Boulevard, Bid No. 04-3619. 2. Award a construction contract in the amount of $1,860,563.00 to Douglas N. Higgins, Inc. and allocate $186,000.00 (10% of the construction cost) for contingency purposes to construct the proposed 13th street SW road project, Golden Gate Boulevard to 16th Avenue SW, Project No. 69068, Bid No. 04-3625. 3. Approve a budget amendment to shift $1,105,000.00 between budgeted projects for a mid-year adjustment to the Stormwater Capital Improvement program. 4. Request the Board to accept donated trees from the Bonita Bay Group for landscaping on Livingston Road. 5. Request the Board approve an agreement which gives donated plants to homeowners for use as road buffering and general beautification along Vanderbilt Beach Road. 6. Award work order no. UC-004 to Kyle Construction Inc., for the Immokalee Fifth Street ditch project (project no. 51725) in the amount of $371,856.59 and accept a temporary construction license. Page 5 of 9 Co 7. Award bid #04-3622, Rattlesnake Hammock Road (CR 864) landscape construction improvement project (US 41 to East Polly Avenue) landscape improvement project to Hannula Landscaping, Inc. in the amount of $489,897.76. 8. Approve the Chairman to enter into a landscaping installation and maintenance highway agreement with the Florida Department of Transportation (FDOT) within the unincorporated area of Collier County, Florida for SR 93/175 at Golden Gate. 9. That the Board issue a Resolution approving and authorizing the Chairman to sign a highway landscaping installation and maintenance agreement with the Florida Department of Transportation(FDOT) for landscape development improvement for a portion of the 1-75/Pine Road Interchange. 10. That the Board issue a Resolution approving and authorizing the Chairman to sign a highway landscaping installation and maintenance agreement with the Florida Department of Transportation (FDOT) for landscape development improvements within the unpaved areas within the right-of-way of US41E/SR 45 from Rattlesnake Hammock Road to St. Andrews Boulevard. 11. Award bid #04-3627, Airport Pulling Road north median landscape installation improvement project to Hannula Landscaping, Inc. in the amount of $510,605.66. 12. Award bid #04-3623, Pine Ridge Road (CR896) median landscape improvement construction project to Hannula Landscaping, Inc. in the amount of $621,509.35. PUBLIC UTILITIES 1. Amend Work Order CAR-FT.04-01 to Carollo Engineers for Engineering Services related to SCADA and Control Network Upgrades at the North County Regional Water Treatment Plant in the amount of $539,113. 2. Approve funding related to upgrading the flow metering system at the South County Regional Water Treatment Plant, in the amount of $300,000, Project 71021. 3. Approve Change Order 8 (Final) to the Design Build Contract with Metcalf & Eddy, Inc., for Additional Reverse Osmosis Raw Water Supply Wells and In-Plant Modifications for the North County Regional Water Treatment Plant, Projects 70075 and 70094, in the deduct amount of $40,983. 4. Approve a Budget Amendment and an Engineering Services Work Order under Contract # 00-3119, Fixed-Term Professional Utility Engineering Services, with Malcolm Pirnie, Inc., to conduct a Feasibility Study for design of a Material Recovery Facility, Project 59002, in the amount of $163,200. 5. Approve a Work Order, under contract # 01-3271, Fixed Term Professional Engineering Services for Coastal Zone Management, with Humiston & Moore Engineers, Inc. for The Annual Monitoring of Wiggins Pass, project 90001, in the amount of $26,000. 6. Approve amendment to professional services agreement with Water Resource Solutions related to Aquifer Storage and Recovery of Reclaimed Water, RFP 99-2926, Project 74030. 7. Approve emergency work orders and associated budget amendment for the repair of Injection Well No. I at the North Regional Water Treatment Plant in the amount of $1,150,350 for Project Number 71041. 8. Approval to transfer funds in the amount of $48,700 from Water Pollution Control Fund (114) to miscellaneous grants fund (116) and to recognize revenue for the Golden Gate Groundwater Baseline Monitoring Program Contract C-15055 with the South Florida Water Managemen{ District Big Cypress Basin for miscellaneous grants fund (116) in the amount of $48,700. 9. Award bid # 04-3577 to Professional Services Industries, Inc. for the Golden Gate Groundwater Baseline Monitoring Program and approve the associated budget amendment in the amount of $60,645. Page 6 of 9 10. Approve a Work Order, under Contract # 01-3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, with Humiston & Moore Engineers, Inc. for the annual monitoring of Hideaway Beach and T-Groins 2004, Project 90540, in the amount of up to $87,000; approve a Budget Amendment to move funds which were placed in the wrong project number to this Project 90540, in the amount of $95,000. 11. Authorize Finalization of Negotiations and approval by the Public Utilities Administrator of an engineering services work order under contract # 01-3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, with Coastal Planning & Engineering Inc. for Annual Monitoring of the County and Naples Beaches Major Renourishment (Project 90536) in an amount not to exceed $75,000. PUBLIC SERVICES 1. Approval of real estate incentives to aid the purchase of property for beach and boat access. 2. Approve the Summer Food Service Program Grant in the Amount of $462,000 3. Direct staff not to pursue a feasibility study of the Wiggins Pass Marina property. ADMINISTRATIVE SERVICES 1. Declaration of public purpose for the expenditure of up to $500 toward co-sponsorship of the Naples Town Hall Meeting on Healthcare Solutions. 2. Approval of the Collier County Group Health and Flexible Reimbursement Insurance Plan Document effective January 1, 2004. 3. Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board - Approved Contracts. 4. Report to the Board Of County Commissioners concerning the sale and transfer of items associated with the County Surplus Auction of March 13, 2004, resulting in $315,803.00 in net revenue. 5. Approve a budget amendment in the amount of $400,000, Project 500281 (Installation of GIS Conduit) COUNTY MANAGER 1. Recommendation that the Board of County Commissioners Award Bid #04-3632 for Horticulture Debris Hauling Disposal in Pelican Bay to Wherry Truck Lines, Inc. 2. Board of County Commissioners authorization for the Clerk of the Circuit court to pay invoice number 16122 in the amount of $3,264.86 to Kelley Swafford & Roy for services received while tourism was under contract with the Tourism Alliance of Collier County and to find that those services served a public purpose by promoting tourism in Collier County 3. Approve Tourist Development Category "A" Grant Applications For Beach Renourishment and Maintenance For Fiscal Year 2005 In The Amount Of $687,400 4. Approve two Tourist Development Category "A" Grant applications and a budget amendment submitted by the Parks & Recreation Department for Beach Cleaning 2004 in the amount Of $155,600. 5. Approve Three TDC Category "A" Grant applications for the renourishment of Vanderbilt, Pelican Bay, Park Shore and Naples Beaches in the amount of $14,450,000 6. Approve two Tourist Development Category "A" Grant Applications from the City of Naples, approve a budget amendment and approve a standard tourism agreement for beach cleaning for Fiscal Years 2004 and 2005 in the amount of $179,804. 7. Recommendation that the Board of County Commissioners Award Bid #04-3613 for Pelican Bay- Gulf Park and Oakmont Irrigation Installation to Collier Irrigation, Inc. and approve the necessary Budget Amendment. Page 7 of 9 8. Approve Isles of Capri Fire and Rescue District's application for a matching (50~50) grant offered by the Florida Division of Forestry in the amount of $3,156 and approve the necessary budget amendments to recognize and appropriate the revenue if funds are awarded. 9. Approve the Ochopee Fire Control District's application for a matching (50~50) Grant offered by the Florida Division of Forestry in the amount of $2785.00 and approve the necessary Budget Amendments to recognize and appropriate revenue. 10. Approval of Budget Amendment Report - BA #04-171 in the amount of $20,000 for structural repair of 30% of the boat slips at Cocohatchee Park; and BA #04-173 in the amount of $49,500 to pay for increase to the contract for the Goodlette Road project. 11. Recommendation that the Board of County Commissioners approve the Consent to Use Agreement between the Pelican Bay Foundation, Inc. and Collier County for a portion of the Water Management Easement located on Parcel B, Pelican Bay Unit Sixteen. G. AIRPORT AUTHORITY 1. Approve a budget amendment to increase both the purchase of fuel and the sale of fuel at Marco Island Airport in the amount of $169,100. H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Coletta is requesting approval for payment to attend a function serving a valid public purpose for the Collier County Medical Society's Annual Meeting and Installation of Officers for 2004-2005, as he has been invited to be a speaker at this event. 2. A Resolution of the Board of County Commissioners to extend the term of the Community Character/Smart Growth Advisory Committee. I. MISCELLANEOUS CORRESPONDENCE 1. Miscellaneous Items to File for Record with Action as Directed. J. OTHER CONSTITUTIONAL OFFICERS 1. That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the detailed report of open purchase orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. Detailed reports of open purchase orders are available for review in the County Manager's office. K. COUNTY ATTORNEY 1. Authorize the Making of an Offer of Judgment to Respondent, Nancy L. Johnson Perry, Successor. Trustee of the Dorothy L. Johnson Revocable Inter Vivos Trust under Agreement dated June 11, 1998, for Parcels 136, 836 and 936 in the Amount of $29,520.00 in the Lawsuit Styled Collier County v. David J. Frey, et al., Case No. 03-2353-CA (Golden Gate Parkway Project #60027). 2. Approve the Stipulated Order of Taking and Final Judgment Relative to the Acquisition of Parcels 159 and 160 in the Lawsuit Styled Collier County v. Anthony DiNorcia, Jr., et al. Vanderbilt Beach Road Project #63051. 3. Approve the Stipulated Final Judgment Relative to the Acquisition of Parcels 137, 737, 837 and 937 in the Lawsuit Styled Collier County v. Helen Twitty, et al., Case No. 03-2284-CA (Golden Gate Parkway Project #60027). 4. Authorize the making of an Offer of Judgment to Respondent Edith G. Street for Respondent's undivided one-half interest in Parcel No. 159A in the amount of $10,000.00 in the lawsuit styled Collier County v. Andy R. Morgan, et al., Case No. 02-5169-CA (Immokalee Road Project #60018). 5. Approve the Stipulated Final Judgment relative to the acquisition of Parcel 196 in the lawsuit styled Collier County v. Robert W. Pieplow, et al., Case No. 02-2133-CA (Immokalee Road Project # 60018). 6. Authorize the making of an Offer of Judgment to Respondents Jimmie L. Rogers and Betty L. Rogers for the fee taking of Parcel No. 200 in the amount of $74,800.00 in the lawsuit styled Collier County v. Jeffrey A. Richardson, et al., Case No. 02-2188-CA (Immokalee Road Project #60018). Page 8 of 9 7. Approve the Mediated Settlement Agreement as to Parcels 151 and 152 in the lawsuit styled Collier County v. John F. Sudal, et al., Case No. 02-5168-CA (Immokalee Road Project 60018). 8. Authorize the making of an Offer of Judgment to Respondent James S. Gran for the acquisition of Parcel No. 167 in the amount of $7,500.00 in the lawsuit styled Collier County v. Thomas F. Salzman, et al., Case No. 03-2550.CA (Golden Gate Parkway Project #60027). 9. Approve the Stipulated Final Judgment Relative to the Easement Acquisition of Parcel 326 in the Lawsuit styled Collier County v. Agnaldo DeLima, et al., (Golden Gate Boulevard Project (Project #63041). 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASIJUDICAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2003-AR.3584, Robert Duane of Hole Montes Inc., of Naples, representing Collier County Public Schools, requesting a rezone from PUD to PUD for the purpose of amending the Orangetree PUD text, (Ordinance number 91-43) to include "Public Educational Plants and Ancillary Plants" as a permitted use to the "Agriculture" (AG) district of the PUD. B. SE-03-AR-3766, an Ordinance amending Ordinance 02-43, the Balmoral PUD to correct a scrivener's error in Section 1.2 - Legal Description of the Ordinance to the Balmoral PUD for property that is located on the east side of Livingston Road (C.R. 881) and the west side of Whippoorwill Lane, in Section 8, Township 49 south, Range 26 east, Collier County, Florida. C. Adopt a Resolution authorizing a change in format to Water and Wastewater Schedule Two of Appendix A, Ordinance 2001-13 in order to provide clarity and consistency in the assessment of residential water and wastewater impact fees; authorizing the inclusion of the Equivalent Residential Connection (ERC) value range for a one and a half inch (1.5") water meter in order to correct a scrivener's error; authorizing the repeal of Resolution No. 2003-93 and Resolution No. 2003-300. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 9 of 9 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING April 13, 2004 Withdraw Item 5A Regional Director Amelio Vazquez extending greetings from Senator Bill Nelson. (Petitioner request.) Add Item 10K: Board of County Commissioners to accept the donation of a 32- foot Regal boat reportedly appraised at $60,000 from Robert and Betty Southwick to the Board of County Commissioners as Ex-Officio the Governing Board of the Isles of Capri Fire Rescue District and to authorize the signing of an 8283 Tax Form by Chief Rodriguez in acknowledgement of the donation. (Staff request.) Add Item 10M: Adopt Resolution opposing proposed House Bill 1237 and Senate Bill 2322 related to unjustified and unnecessary elimination of all authority of all Florida local governments STO charge application fees, transfer fees, siting fees, renewal fees and claims for reimbursement of the local government's out-of- pocket expenses against dealers of communications services, including cable television companies. (Staff request.) Clarification of Item 16(A)6: A resolution of the Board of County Commissioners of Collier County, Florida, establishing a fee schedule of development related review and processing fees including: providing for new and revised building permit, inspection, and land use petition fees: as provided for in Division 1.10 of the Collier County Land Development Code: superseding Resolution No. 2004-17, and providing for an effective date. (Staff request.) Move Item 16(A)7 to 10L: Direct staff to revise the Littoral Shelf Standards of the LDC to clearly indicate that non-functioning Littoral Shelves shall meet the listed criteria identified in the LDC. (Commissioner Henning request.) Clarification of Item 16(F)7: The total bid award (Bid #04-3613) amounts to $197,027.50. Funding for the bid award is from existing appropriations in the Pelican Bay Capital Improvement Program Fund (322). The principal funding source in this fund is special assessments levied solely on property owners within the boundaries of the Municipal Services Taxing and Benefit Unit (MSTBU), Item 16(F)8 should read: Approve Isles of Capri Fire and Rescue District's application for a matching (50/50) grant offered to the Florida Division of Forestry in the amount of $3,157 (rather than $3,156) and approve the necessary budget amendments to recognize and appropriate the revenue if funds are awarded. (Staff request.) Move Item 17A to 8H: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2003-AR-3584, Robert Duane of Hole Montes, Inc., of Naples, representing Collier County Public Schools, requesting a rezone from PUD to PUD for the purpose of amending the Orangetree PUD text, (Ordinance number 91-43) to include "Public Educational Plants and Ancillary Plants" as a permitted use to the "Agriculture" (AG) district of the PUD. (Commissioner Coletta request.) Time Certain Items Item 8A to be heard at 1:00 p.m. A Resolution by the BCC approving the Collier County Second Amended Consolidated Plan One-Year Action Plan for Fiscal Year 2002-2003 for Community Development Block Grants (CDBG) funding, authorizing necessary certifications, approving execution of CDBG sub-recipient agreements by CDES Division Administrator, authorizing submission to the US Department of Housing and Urban Development and providing for an effective date. Item 8B to be heard followinR 8A (1:00 p.m.) A Resolution by the BCC approving the Fiscal Year 2004-2005 Collier County Consolidated Plan One-Year Action Plan for Community Development Block Grant (CDBG), Home Investment Partnerships (HOME) AND Emergency Shelter Grant (ESG) programs, authorizing necessary certifications, approving execution of CDBG sub-recipient agreements by CDES Division Administrator, authorizing submission to the US Department of Housing and Urban Development, and providing for an effective date. Item 10E to be heard after 4:00 p.m. Approve an Interlocal Agreement between Collier County and the City of Naples indicating that Collier will withdraw its appeal to object to the City's proposed Comprehensive Plan Amendment regarding overpasses and that the City shall not object to its construction; Project No. 60027-C. Item 10F to be heard after 4:00 p.m. Authorize the Purchasing Department to advertise bids for the construction of the grade separated overpass at Airport- Pulling Road and Golden Gate Parkway; Project No. 60027-C; Item 101 to be heard at 3:30 p.m. (This is a companion to Item 10J.) Request to approve for recording the final plat of "Horse Creek Estates", formerly known as "Little Palm Island", and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Item 10J to be heard immediately followinq 101 at 3:30 p.m. (This is a companion to Item 101.) Petition AVESMT2003-AR5088 to disclaim, renounce and vacate the County's and the public's interest in a portion of the Utility Easement conveyed to Collier County by separate instrument and recorded in Official Record Book 637, Page 857, and all of the Drainage Easement conveyed to Collier County by separate instrument and recorded in Official Record Book 2248, Pages 1057 through 1058, Public Records of Collier County, Florida. Located in Section 23, Township 48 South, Range 25 East. Item 10G to be heard at 3:00 p.m. Conducting the Conservation Collier annual public meeting to provide an update on the program's past activities and to provide direction to staff for implementing a future outreach strategy, for soliciting proposals and applications, and for identifying a finance strategy. PROCLAMA.TI ON WHEREAS, the C-~eater Naples Chamber of Commerce, in cooperation with the Naples Daily News, Sprint, and Comcast is celebrating "Distinguished Public Services Awards Day"; and, WHEREAS, WHEREAS, WHEREAS, an individual from law enforcement, fire, and emergency services will be selected for this award based on achievement above the norm, and/or generous individual acts throughout the year. these recipients will be awarded at a breakfast event on April 21~, to be held at Kinney Hall in Naples; and, nominations for these awards have been solicited by The Naples Daily News t hr ough advert isement s, and through t he var ious depart ment officers'; and, WHEREAS the individuals will be chosen by an anonymous selection committee. NOW THEREFORE, be it proclaimed by the Board of County Commissioners that April 21~, 2004 be designated as DI STI NGUI SHED PUBLIC SERVI (3ES AWARDS DAY when these outst~i~ public employees will be recognized for their' outstm~limj commitment to ou~, community. DONE AND ORDERED THIS 13th of April, 2004. BOARD OF COUNTY COMMI SSI ONERS COLLI ER COUNTY, FLORI DA ATTEST: DONNA FI ALA, CHAIRMAN DWIC+tT E. BROCK, CLERK Agenda Item No..4-~' April 13th, 2004 Page 1 of 2 Item Number Item Title Item Summary Meeting Date Approved By Sue Filson Board of County Commissioners COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 4A Proclamation for Public Service Award Day The Greater Naples Chamber of Commerce, in cooperation with the Naples Daily News, Sprint, and Comcast is celebrating "Distinguished Public Services Awards Day". To be accepted by Brenda Borchardt, Vice President for The Greater Naples Chamber of Commerce Programs. 4/13/2004 9:00:00 AM Executive Manager to the BCC BCC Office Date 3~29~2004 1:51 PM Agenda Item No..4B~/~ April 13th, 2004 Page 2 of 2 FROCLAMATI ON WHEREAS, in 2001 Collier County became an "Entitlement" recipient of Federal Funds from the U.S. Department of Housing and Urban Development (HUD) under the Community Development Block G'ant (CDBG)Program; and, WHEREAS, in FY 2003-2004 Collier County received Home Investment Partnership Act (HOME) funding and is scheduled to receive Emergency Shelter Grant (ESG) funding in FY 2004- 2005; and, WHEREAS, Collier County certified that it will positively further fair housing opportunities and will work to identify and remove impediments to fair housing choices; and, WHEREAS, WHEREAS, Collier County's Consolidated One-Year Action Plan for FY 2004-2005, outlines fair housing initiatives that will be undertaken, including education and outreach campaigns to further fair housing choices f or Collier County residents; and, Title VII of' the Civil Rights Act of 1964 and the Fair Housing Act of 1968, as amended, prohibit the discrimination in the sale, rental, and financing of dwellings based on race, color, religion, sex, national origin, handicap or familial status; and, WHEREAS, the Secretary of HUD has proclaimed April 2004, as "National Fair Housing Month" and asked all COBG Entitlement Communities to join them in celebrating the freedom of housing choices and fair housing opportunities; and, WHEREAS, the Board of County Commissioners of Collier County feel that every American has a right to live where they choose with dignity and without fear of discrimination, and actively support its Fair Housing education and outreach initiatives. NOW, THEREFORE be it proclaimed by the Board of County Commissioners of Collier County, Florida that the month of April be recognized as "NATIONAL FAIR HOUSING MONTH" in Collier County DONE AND ORDERED THIS 13TM DAY OF APRIL 2004. BOARD OF COUNTY COMMI SSI ONERS COLLI ER COUNTY, FLORI DA ATTEST: DONNA FI ALA, CHAIRMAN DWI (:~-IT E. BFIOCK, CLERK Agenda Item No. 4B April 13th, 2004 Page 1 of 2 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 4B National Fair Housing Month for April Proclamation to recognize the month of April as National Fair Housing Month in Collier County. To be accepted by Candace Tapscott, Director, U.S. Department of Housing and Urban Development 4/13/2004 9:00:00 AM Approved By Sue Filson Board of County Commissioners Executive Manager to the BCC BCC Office Date 4~2~2004 10:30 AM Agenda Item No. 4B April 13th, 2004 Page 2 of 2 COLLIER COUNTY MANAGER'S OFFI 3301 East Tamiarni Trail · Naples, FL 34112 · 239-774-8383 · Fax 239-774-4010 March 18, 2004 Mr. Douglas Wilcox Aaron Airport Transportation, Inc. 13233 Greywood Circle Fort Myers, FL 33912 Re: Public Petition Request to Discuss the Public Vehicle Advisory Committee Ordinance Dear Mr. Wilcox: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of Apdl 13, 2004, regarding the above referenced subject. Your .petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that lhe 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 discrelion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any fudher information or assistance, please do not hesitate to contact this office. 7~James ¥. Mudd County Manager JVIVIfib cc: David Weigel, County Attorney Joe Schmitt, Administrator, C.D.&E.S. Michelle Arnold, 'Code Enforcement Director Argenda Item No. 6A " .... ,~pril 13th, 2004 Page 1 of 2 Page 1 of 1 -- bodinejudi From: mudd..j Sent: Wednesday, March 17, 2004 5:25 PM To: bodinejudi Cc: brock_m Subject: FVV: PVAC Judi, Draft up a letter and lets get him scheduled. Thanks, Jim Mudd ---Original Hessage ..... From= DW[LCOXll@aol.com [mailto:DW[LCOXl~.@aol.com] Sent: Wednesday, March 17, 2004 5:24 PM To: mudd_J Subject: PVAC Dear Mr Mudd, I would like to address the Board of County Commissioners at the 4/13/04 meeting regarding the PVAC ordinance. Would you please put my name on the agenda. Thanks in advance for your assistance. Douglas Wilcox Aaron Airport Transportation, Inc. 13233 greywood Circle Ft. Myers, Fla. 33912 239 768 1898 3/18/2004 Agenda Item No. 6A April 13th, 2004 Page 2 of 2 COI.LIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail · Naples, FL 34112 · 239-774-8383 · Fax 239-774-4010 March 31, 2004 Mr. Kurt Potter Vice President, Marketing Med-Assure 3751 Arnold Avenue, Suite C Naples, FL 34104 Re: Public Petition Request to Discuss An Amendment to Collier County COPCN Ordinance 2004-12 Dear Mr. Potter: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of Apdl 13, 2004, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discreti~)n. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, County Manager JVM/jb cc: David Weigel, County Attorney John Dunnuck, Public Services Administrator C A(~enda Item No. 6B "- ~ _~L,,ril 13th, 2004 Page I of 2 MED-ASSURE 3751 Arnold Avenue, Suite C · Naples, Florida 34104 ~' Naples 239-649-0911 · Fax 239-649-3258 ~' Ft. Myers 239-337-2911 www. Med-Assure.net March 3 I, 2004 Dear Mr. Mudd: · ~C~IV~D COUNTY M/~J{AGER CFF;C~ .' CTfON.._ ..~? I would like to appear before the Board at their April 13 meeting, under Public Petitions, to discuss an amendment to Collier County Ordinance 2004-12. We would like to ask the Board of County Commissioners to consider implementation of an additional Classification in their COPCN Ordinance that would allow for BLS and ALS post-hospital transport. Currently, Collier County offers the two altematives of Advanced Life Support and Non- Emergency transportation. ALS is necessary for the purpose of providing high quality EMS service in the county, and Non-Emergency transportation provides an alternative for those needing rides to physician and personal appointments, etc. The available services appear to leave a gap in service for those that need transportation offering only basic life support. We believe that availability of this service would provide many benefits to Collier County and its citizens. We would appreciate the opportunity to discuss these benefits with the Board on April 13. We will be happy to work with Jeff.Page to create this amendment. Thank you for your consideration. Vice President, Marketing Safe, Reliable Non-Emergency Medical Transport Agenda Item No. 6B April -13tn, zuu4 Page 2 of 2 CO! ] IER COUNTY MANAGER'S OFFI 3301 East Tamiami Trail · Naples, FL 34112 · 239-774-8383 · Fax 239-774-4010 March 31, 2004 Lynda Flynn Mad Vesci Realtors 9000 Gulf Shore Drive Naples, FL 34108-2334 Re: Public Petition Request to Discuss Providing Seating Area at Public Beach Access on Vanderbilt Beach Dear Ms. Flynn: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of April 13, 2004, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, V. Mudd t County Manager JVM/jb ~I cc: David Weigel, County Attorney Joe Schmitt, Administrator, C.D.&E.S. c Aflenda Item No. 6C ..~'. _~ril 13th, 2004 Page I of 3 03/23/28~4 16:38 2395949448 M~I VESCI PAGE 02 Ri? _VESc, To: Colzmy ~ Mari Vea~i Realtors I wmdd truly al~preci~ i:fyou could pla¢~ our fizm ~a tl~ n~ avail~le Board mgl~r Public l%titio~ in axta' to pmsem o~r proposaI m the Boa. d. We are locmgd at 9000 Cralf Shore Drive in Vanden'It Beac. h on the cornet aa. oss from the pablic beada =:r~. Om' oompa.y would iev¢ to accouuaod~ out pa.et-by aei&hbors .ad ~ ~ · place to ~it md enjoy out beamit~.l area. We WOl~d agree to doaate 4 ~ ~le~ and cemem beach~ oa the Vaaded:~ Beach Road right away. I ~ q:~kea tO Mt. ~ KelR ~ with yo1~t permle~'o~ we'd love to czea~ a nlee clea~ Thaak you for your consideration in this matter. Mad Vesci Realtors 1 (ec~ ;4a-3724. A y Star ~~¢ Company Near B~ PCo~ April 13th, 2004 Page 2 of 3 ~RI VES~I REALTORS ~r;I PAGE 03 I I IO'y. C]t t,...,,--' 70' ~/W ll ArqanH~a Itnm Nit', llp . Page 3 of 3 EXECUTIVE SUMMARY A Resolution by the Board of County Commissioners of Collier County, Florida, approving the Collier County Second Amended Consolidated Plan One-Year Action Plan for Fiscal Year 2002-2003 for Community Development Block Grants (CDBG) funding, authorizing necessary certifications, approving execution of CDBG sub-recipient agreements by Community Development and Environmental Services (CDES) Division Administrator, authorizing submission to the United States Department of Housing and Urban Development (HUD), and providing for an effective date. OBJECTIVE: The Board of County Commissioners approve a Resolution adopting the County's Second Amended Consolidated Plan One-Year Action Plan FY 2002-2003 as required by the U.S. Department of Housing and Urban Development (HUD) for the Community Development Block Grant (CDBG) Program, and provide an effective date. The plan was available at all Collier County Public Libraries as well as the Financial Administration and Housing (FAH) Department office for a thirty (30) day public comment period from February 20, 2004 to March 20, 2004 during which time no written public comments were received on the DRAFT One-Year Second Amended Action Plan. CONSIDERATIONS: On April 23, 2002 the Board of County Commissioners approved the Consolidated Plan One-Year Action Plan for FY 2002-2003. Collier County is amending the FY 2002-2003 plan due to the withdrawal of a project proposed for funding. The project was infrastructure improvements to the Bayshore/Gateway Triangle CRA. This project involved the installation of drainage piping and inlet structures along Linwood Avenue from Airport Pulling Road to Commercial Drive in the neighborhood, as well as installation of a safe sidewalk, separated from the roadway, to be installed along Linwood Avenue to improve the safe mobility of the residents and provide the school children a safer walking route. An amendment to the Consolidated Plan One-Year Action Plan is required, "whenever a Community Development Block Grant (CDBG) program activity is deleted or added, or when a change in purpose, scope, location, or beneficiary of an activity previously stated is changed, resulting in a reallocation of CDBG funds," according to the County's Consolidated Plan Citizen Participation Plan adopted on January 9, 2001. Collier County is amending the FY 2002-2003 Consolidated Plan One-Year Action Plan for a second time due to the availability of CDBG funds that were previously allocated. The applicant has withdrawn a CDBG project funded for $329,046, which was for infrastructure improvements to the Bayshore/Gateway Triangle CRA. The Citizens Advisory Task Force (CATF) met on February 12, 2004 to review proposed projects and recommend funding for the projects proposed in the Second Amended One-Year Action Plan. A summary of proposed activities and funding sources are attached. The following new projects, located in Copeland/Lee Cypress, will receive funding: Water Line Repair/Burial Street lighting Enhancement Project- Phase I $200,000 $ 30,000 Agenda Item No. 8A April 13th, 2004 Page I of 6 Demolition and Clearance - Phase I Land Acquisition - Phase I Liaison-Copeland Total Reallocated Funds $ 54,046 $ 40,000 $ 5,000 $329,046 FISCAL IMPACT: This is a reallocation of Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD) for FY 2002-2003. Them is no fiscal impact to the County. GROWTH MANAGEMENT IMPACT: The Second Amended Consolidated Plan One-Year Action Plan FY 2002-2003 proposes projects, which implement the Growth Management Plan, the Immokalee Master Plan and Redevelopment Plans by providing infrastructure improvements, housing assistances, and public services to improve the health, safety and welfare of the community. RECOMMENDATION: The Board of County Commissioners approve a Resolution adopting the County's Second Amended Consolidated Plan One-Year Action Plan FY 2002-2003 for the U.S. Department of Housing and Urban Development's Community Development Block Grant (CDBG) Program, and provide an effective date. SUBMITTED BY: Date: Janeen D. Person, Grants Management Coordinator REVIEWED BY: Date: Cormac Giblin, Affordable Housing Manager REVIEWED BY: Date: APPROVED BY: H. Denton Baker, Director Financial Administration and Housing Date: Joseph K. Schmitt, Administrator Community Development and Environmental Services Division Agenda Item No. 8A April 13th, 2004 Page 2 of 6 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 8A Resolution by the Board of County Commissioners of Collier County, Florida, approving the Collier County Second Amended Consolidated Plan One-Year Action Plan for Fiscal Year 2002-2003 This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. This item to be heard at 1:00 p.m. A Resolution by the Board of County Commissioners of Collier County, Florida, approving the Collier County Second Amended Consolidated Plan One-Year Action Plan for Fiscal Year 2002-2003 for Community Development Block Grants (CDBG) funding, authorizing necessary certifications, approving execution of CDBG sub-recipient agreements by Community Development and Environmental Services (CDES) Division Administrator, authorizing submission to the United States Department of Housing and Urban Development (HUD), and providing for an effective date. 4/13/2004 9:00:00 AM Prepared By Cormac Giblin Community Development & Environmental Services Housing Development Manager Financial Admin. & Housing Approved By Cormac Giblin Community Development & Environmental Services Housing Development Manager Financial Admin. & Housing Date 3/26/2004 2:45 PM Approved By Denton Baker Community Development & Environmental Services Financial Admin & Housing Director Financial Admin. & Housing Date 312912004 2:56 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. Date 4/1/2004 1:14 PM Approved By Mark lsackson County Manager's Office Budget Analyst Office of Management & Budget Date 4/4/2004 11:52 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/512004 9:24 AM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 415/2004 7:05 PM Agenda Item No. 8A April 13th, 2004 Page 3 of 6 RESOLUTION NO. 2004 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE COLLIER COUNTY SECOND AMENDED CONSOLIDATED PLAN ONE-YEAR ACTION PLAN FOR FISCAL YEAR 2002-2003 FOR COMMUNITY DEVELOPMENT BLOCK GRANTS (CDBG) FUNDING, AUTHORIZING NECESSARY CERTIFICATIONS, APPROVING EXECUTION OF CDBG SUB-RECIPIENT AGREEMENTS BY COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES (CDES) DIVISION ADMINISTRATOR, AUTHORIZING SUBMISSION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 8, 2001 the Board of County Commissioners approved submission of the County's Consolidated Plan Five-Year Plan to the United States Department of Housing and Urban Development (hereinafter HUD); WHEREAS, included in that Plan was the One-Year Action Plan for Fiscal Year 2002- 2003; and WHEREAS, on April 23, 2002 the Board of County commissioners approved the Fiscal Year 2002-2003 Consolidated Plan One-Year Action Plan', and WHEREAS, the project originally proposed for funding was infrastructure improvements to the Bayshore/Gateway Triangle CRA and said project has been withdrawn by the applicant; and WHEREAS, the Second Amendment to the Fiscal Year 2002-2003 Consolidated Plan One-Year Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted January 9, 2001; and WHEREAS, the Citizens Advisory Task Force (CATF) met on February 12, 2004 to review proposed projects and recommend funding for the alternate projects proposed in the Fiscal Year 2002-2003 Second Amended Consolidated Plan One-Year Action Plan; and WHEREAS, the additional projects which have been proposed for funding are included in the Second Amended Consolidated Plan One-Year Action Plan for FY 2002-2003. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 1. The Board of County Commissioners of Collier County approves the Collier County Second Amended Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2002-2003 for the CDBG Program, which is attached and v~ ~of2 Agenda Item No. 8A April 13th, 2004 Page 4 of 6 incorporated her~in by reference, and appwves execution of CDBG sub-recipient ag~ement~ by the CDES Division Admini$~-ator, and authoriz~ the Department of Financial Administration and Housing (FAH) to transmit the Plan to the proper funding authority ~ad take the necessary actions for implementation of the CDBG SEVERABI~ITY. If any section, sentence, clause or phrase of this Resolution is held to be invalid or unconstitutional by any cour~ of competent jurisdiction, then said holding shall in no way affcc~ the validity of Ihe r~mai.u~g portions of ~ Resolution. EFFECTIVI~ DATE. This Resolution shall become effective upon adoption by a majority vote of the Board of County Commissioners. This Resolution adopled this thirteenth day of April 2004, after motion, second and majority vote favoring same. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COl .T.rl~R COUNTY, FLORIDA By.. By: Deputy Clcrk ~v~ a~ to foro~ and Patrick 0. White AssisU~t County Attorney P~e2of2 Agenda Item No. 8A April 13th, 2004 Page 5 of 6 Colfier County's CDBG Second Amended One-Year Action Plan for FY 2002-2003 Proposed Activities & Funding Summary Funding Resources: Community Development Block Grant FY 2002-2003 $2,259,000 Activities to be undertaken: ORIGINAL AMENDED PROJECT T1TI.E/DESCRIPTION AMOUNT AMOUNT CHANGES Storm Drainage Improvements - Marco Island $250,000 $250,000 -0- Park Improvements - Naples $250,000 $250,000 -0- Downpayment Assistance - Countywide $100,000 $100,000 -0- Owner-Occupied Housing Rehabilitation Assistance $100,000 $100,000 -0- a~ffordable Housing Infrastructure Support - Immokalee $440,772 $440,772 -0- Storm Drainage Improvement Gateway Triangle $329,046 -0- <$329,046> Affordable Housing - Site Preparation - Immokalee $239,550 $239,550 _0- Special Needs Housing - Rehabilitation Assistance $86,527 $86,527 -0- Street Lights - Immokalee $60,000 $60,000 -0- Transitional Housing - Infrastructure Support $32,140 $32,140 -0- Copeland/Lee Cypress Water Line Repair/Bur/al -0- $200,000 $200,000 _ Copeland/Lee Cypress - Streetlights** -0- $30,000 $30,000 Copeland/Lee Cypress - Demolition & Clearance -0- $54,046 $54,046 Copeland/Lee Cypress Land Acquisition -0- $40,000 $40,000 Copeland/Lee Cypress - Liaison -0- $5,000 $5,000 Fair Housing - Education & Outreach $5,000 $5,000 -0- Program Planning and Administration $365,965 $365,965 -0- GRAND TOTAL $2,259,000 $2,259,000 -0- **NOTE: In the draft of the Amended Action Plan, the cost of streetlights was estimated to be $75,000. However, the costs have since been revised downward and the additional $45,000 reallocated to other projects in Copeland (not listed in the draft plan). All of the projects listed above are completed with the exception of Infrastructure Improvements - Affordable Housing Immokalee and the CopelandYLee Cypress projects to which CDBG funds are being reallocated. G:\CDBG\CDBG - HUD\ENTITLEMENT 2002-2003 CYCLE (CDBG)XAmended 02-03 Plan\bcc dOCSXExec Summary Attachment.doc Agenda Item No. 8A April 13th, 2004 Page 6 of 6 EXECUTIVE SUMMARY A Resolution by the Board of County Commissioners of Collier County, Florida, approving the Fiscal Year 2004-2005 Collier County Consolidated Plan One-Year Action Plan, for Community Development Block Grant (CDBG), Home Investment Partnerships (HOME) and Emergency Shelter Grant (ESG) programs, authorizing necessary certifications, approving execution of CDBG sub-recipient agreements by CDES Division Administrator, authorizing submission to the United States Department of Housing and Urban Development, and providing for an effective date. OBJECTIVE: The Board of County Commissioners approve a Resolution adopting the County's Consolidated Plan One-Year Action Plan FY 2004-2005 as required by the U.S. Department of Housing and Urban Development (HUD) for the Community Development Block Grant (CDBG) Program, the HOME Investment Partnerships (HOME) Program and the Emergency Shelter Grants (ESG) Program. CONSIDERATIONS: On May 8, 2001, the Board of County Commissioners previously approved submission of the County's Consolidated Plan Five-Year Plan (FY 2001-2002 through FY 2005-2006) to the U.S. Department of Housing and Urban Development (HUD). The County is required to adopt and submit a Consolidated Plan One-Year Action Plan for the FY 2004-2005 to the U.S. Department of Housing and Urban Development prior to May 15, 2004. The One-Year Action Plan was developed utilizing the County's Citizen Participation Plan adopted on January 9, 2001. The Citizens Advisory Task Force (CATF) met on December 18, 2003, and February 12, 2004, to review proposed projects and recommended funding for the projects proposed in the One-Year Action Plan. A summary of proposed activities and funding sources are attached. Included in this Action Plan is a total of $250,000 to be allocated to three (3) social service agencies for local programs to assist the less fortunate in our community. The addition of the ESG program will provide additional funding directly to the homeless population through emergency shelter operations in Immokalee. The new American Dream Downpayment Initiative (ADDI) will also provide additional assistance to low and moderate-income families becoming first-time homeowners. FISCAL IMPACT: The HUD CDBG grant allocation is expected to be $2,765,000, the HOME grant allocation is expected to be $880,307 and the ESG grant allocation is expected to be $96,461. Of these amounts, up to 20% (or $553,000) is allowed for CDBG, up to 10% (or $88,031) is allowed for HOME and up to 5% ($4,823) is allowed for ESG for Administration and Planning purposes. The One Year Action Plan FY 2004-2005 proposed Administration budget is $553,000 (or 20%) of the CDBG amount and $78,000 (or 8.8606%) of the HOME amount. The County will pass 100% of the ESG grant allocation to the sub-recipient. The CDBG, HOME and ESG staff and operational costs will be paid entirely with these funds. GROWTH MANAGEMENT IMPACT: The Consolidated Plan One-Year Action Plan proposed projects implements the Growth Management Plan and Redevelopment Plans by Agenda Item No. 8B April 13th, 2004 Page I of 29 providing infrastructure improvements & housing assistances to improve the health, safety and welfare of the community. RECOMMENDATION: The Board of County Commissioners approve a Resolution adopting the County's Consolidated Plan One-Year Action Plan FY 2004-2005 for the U.S. Department of Housing and Urban Development's Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grant (ESG) Programs. SUBMITTED BY: REVIEWED BY: APPROVED BY: Date: Cormac Giblin, Affordable Housing Manager H. Denton Baker, Director Financial Administration and Housing Date: Date: Joseph K. Schmitt, Administrator Community Development and Environmental Services Division Agenda Item No. 8B April 13th, 2004 Page 2 of 29 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 8B A Resolution by the Board of County Commissioners of Collier County, Florida, approving the Fiscal Year 2004-2005 Collier County Consolidated Plan One- Year Action Plan This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. This item to be heard at 1:00 p.m. A Resolution by the Board of County Commissioners of Collier County, Florida, approving the Fiscal Year 2004-2005 Collier County Consolidated Plan One- Year Action Plan, for Community Development Block Grant (CDBG), Home Investment Partnerships (HOME) and Emergency Shelter Grant (ESG) programs, authorizing necessary certifications, approving execution of CDBG sub-recipient agreements by CDES Division Administrator, authorizing submission to the United States Department of Housing and Urban Development, and providing for an effective date. 4/13/2004 9:00:00 AM Prepared By Cormac Giblin Community Development & Environmental Services Housing Development Manager Financial Admin. & Housing Approved By Denton Baker Community Development & Environmental Services Financial Admin & Housing Director Financial Admin. & Housing Date 3/29/2004 2:48 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. Date 4/112004 1:12 PM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 4/4/2004 11:47 AM Approved By Michael Smykowskl County Manager's Office Management & Budget Director Office of Management & Budget Date 4/512004 9:28 AM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/512004 7:03 PM Agenda Item No. 8B April 13th, 2004 Page 3 of 29 RESOLUTION NO. 2004 -.~ A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE FISCAL YEAR 2004-2005 COLLIER COUNTY CONSOLIDATED PLAN ONE-YEAR ACTION PLAN, FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS (HOME) AND EMERGENCY SHELTER GRANT (ESG) PROGRAMS, AUTHORIZING NECESSARY CERTWICATIONS, APPROVING EXECUTION OF CDBG SUB-RECIPIENT AGREEMENTS BY COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES (CDES) DIVISION ADMINISTRATOR, AUTHORIZING SUBMISSION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the United States Department of Housing and Urban Development (hereinafter HUD) in 24 C.F.R. 91 requires a Consolidated Plan One-Year Action Plan to be developed to represent a submission for planning and funding for the Department's Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grant (ESG) Programs. WHEREAS, the overall goal of the community planning and development programs covered by this plan is to develop viable urban communities by providing decent housing, a suitable living environment and expanding economic opportunities principally for low and moderate-income persons; and WHEREAS, on May 8, 2001 the Board of County Commissioners approved submission of the County's Consolidated Plan Five-Year Plan to the United States Department of Housing and Urban Development (hereinafter HUD); WHEREAS, the Fiscal Year 2004-2005 Consolidated One-Year Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted January 9, 2001; and WHEREAS, the Consolidated Plan One-Year Action Plan will serve as: a planning document for Collier County (which builds on a participatory process at the lowest levels), and an application for federal funds under the U. S. Department of Housing and Urban Development (HUD) formula grant programs, a strategy to be followed in carrying out the HUD programs, and an action plan that provides a basis for assessing performances; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 1. The Board of County Commissioners of Collier County approves the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year part,of3 Agenda Item No. 8B April 13th, 2004 Page 4 of 29 4o 2004-2005 for the CDBG, HOME and ESG Programs, which is attached and incorporated herein by reference, and authorizes the Department of Financial Administration and Housing (FAH) to transmit the Plan to the proper funding authority and take the necessary actions for implementation of the CDBG, HOME and ESG programs. The Chairman of the Board of County Commissioners is authorized to execute certifications pertaining to the Consolidated Plan One-Year Action Plan on behalf of the County. Section 4.0 of the One-Year Action Plan sets forth the detailed dollar amounts for each Activity to be funded by the CDBG, HOME and ESG Programs. A copy of the proposed Activities and total CDBG, HOME and ESG funding is set forth in Exhibit "A" attached and incorporated by reference. Accordingly, the individual Activity's Sub-Recipient Agreement for all CDBG projects will be subsequently entered into on behalf of Collier County and each such Agreement is hereby acknowledged as providing for a valid public and County purpose. Based on these findings, the Community Development and Environmental Services Administrator is authorized to execute the CDBG Sub-Recipient Agreement to implement each such Activity, so long as: 1) the form of each such Sub-Recipient Agreement conforms to the form of the attached blank form, Exhibit "B" adopted and incorporated by reference, and 2) the dollar amount of each Activity for the corresponding then completed Sub-Recipient Agreement is as set forth in the adopted portion of Section 4.0, referenced above. HOME Activities identified in Section 4,0 of the One-Year Action Plan requiring Contxacts or Agreements will come before the BOARD separately for approval. ESG Activities identified in Section 4.0 of the One-Year Action Plan requiring Contracts or Agreements will come before the BOARD separately for approval. SEVERABIL1TY. If any section, sentence, clause or phrase of this Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the Page 2 of 3 Agenda Item No. 8B April 13th, 2004 Page 5 of 29 ~rpaining portions of this Resolution. 5. EFFECTIVE DATE. This Resolution shall become effecOve upon adoption by a majo6~y vote of the Board of County Commissioners. This R~solution adopt~l this thirteenth day of April 2004, after motion, second and majority vote favoring same. A'ITEST: DWIGHT E BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk Approved as to form and ~ suffi, ci~incy: . l~a~4ck 6. W~hit~ Assistant County Attorney By: DONNA FIALA, CHAIlLMAN P~e3Of3 Agenda Item No. 8B April 13th, 2004 Page 6 of 29 AGREEMENT BETWEEN COLLIER COUNTY AND SUB-RECIPIENT Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B-04-UC-12-0016 THIS AGREEMENT, is entered into this __ day of 20_._, by and between Collier County, a political subdivision of the State of Flor/da, hereinafter referred to as "COUNTY", and the "NAME OF SUBRECIPIENT," a private not-for-profit corporation existing under the laws of the State of Florida, having its principal office at , and its Federal Tax Identification number as , hereinafter referred to as "SUBRECIPIENT." WHEREAS, Collier County has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, Pursuant to the aforesaid agreement COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood/community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WItE~AS, the Fiscal Year 2004-2005 Consolidated One-Year Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted on January 9, 2001; and WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2004-2005 for the CDBG Program by SUBRECIPIENT AGREEMENT Pag~Oedd~ Item No. 8B April 13th, 2004 Page 7 of 29 Resolution on April 13, 2004, including the use of this standard form Agreement; and WI-IEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2004-2005 for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan; and WHEREAS, COUNTY and "NAME OF SUBRECIPIENT" desire to provide the activities specified in Part II of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, COUNTY desires to engage "NAME OF SUBRECIPIENT" to implement such undertakings of the Community Development Block Grant (CDBG) Program as a valid and worthwhile County purposes. NOW, TItEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (1) (2) (3) (4) (5) (6) (7) (8) "County" means Collier County, and where applicable, its authorized representative(s). "CDBG" means the Community Development Block Grant Program of Collier County. "FAH" means the Financial Administration and Housing Department of Collier County. "SUBRECIPIENT' means "NAME OF SUBRECIPIENT'. "FAIl Approval" means the written approval of the FAH Department or designee. "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. "Low and moderate income persons" means the definition set by HUD. "Project" means the work contemplated to be performed as set forth in Exhibit "A". II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by FAH, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using the cover sheet in Exhibit "B" along with Exhibit "C," all of which are attached hereto and made a part hereof. llI. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the SUBRECIPIENT AGREEMENT Pag~¢e~fd~ltem No. 8B April 13th, 2004 Page 8 of 29 timely release of funds for this project by HUD under Grant No. B-04-UC-12-0016. The effective date shall be the latest date of execution of this Agreement, and the services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to June 30, 2005. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the County, as set forth in Part VIII F (e), and Part VIII H below. IV. CONSIDERATION AND LIMITATION OF COSTS The SUB-RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed ~ ($) for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to FAH at its office, presently located at 2800 North Horseshoe Drive, Suite 400, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in FAH Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by FAH. No payments will be made until approved by the FAH Department or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify FAH in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the FAH Department or designee within forty-five (45) days of said official notification. B. COMPLIANCE WITH LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any SUBRECIPIENT AGREEMENT PagA~offc~ Item No. 8B April 13th, 2004 Page 9 of 29 applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, 1. 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. 2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 3. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. o o 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorfies and women on projects assisted with federal funds. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 9. Age Discrimination Act of 1973 10. 11. 12. National Flood Insurance Act of 1968 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. 13. Contract Work - Hours and Safety Standards Act 14. Lead Based Paint Poisoning Preventive Act 15. 16. Section 504 of the Rehabilitation Act of 1973 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 SUBRECIPIENT AGREEMENT Paglk~h~ffdlgltem No. 8B April 13th, 2004 Page 10 of 29 17. 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010, which describes the Davis-Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A-3. 18. Revised Order Number 4 Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. 19. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 20. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 21. 29 CFR Part 3 - The Copeland Anti-Kickback Act (i 8 U.S.C. 874 and 40 U.S.C. 276c), which deals with employee forfeiture of compensation by force. 22. Florida Statutes, Chapter 112 - which deals with conflict of interest. 23. HUD required reports, circulars, and procedures, such as the Grantee Performance Report. 24. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 25. 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A-102. This subpart includes 24 CFR 570.502. 26. OMB Circular A-133 - concerning annual audits. 27. OMB Circular A-122 - which identifies cost principles. 28. Section 109, Public Law 100-202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 29. 24 CFR Part 84 - OMB Circular A-110 Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. 30. 24 CFR Part 85- OMB Circular A-102 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. SUBCONTRACTS SUBRECIPIENT AGREEMENT PagAO~fd~ Item No. 8B April 13th, 2004 Page 11 of 29 Do Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to FAH for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Program set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the County without prior written approval of the FAH Department or his designee. The County may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of Collier County. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the County and signed by each Party' s authorized representatives. INDEMNI~CATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the County, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENTs aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the County harmless and will indemnify the County for funds, which the County is obligated to refund the Federal Government ar/sing out of the conduct of activities and administration of SUBRECIPIENT. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein SUBRECIPIENT AGREEMENT Pag~o~fdlg Item No. 8B April 13th, 2004 Page 12 of 29 provided by FAH in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize FAH's support for all activities made possible with funds made available under this Agreement. G. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to FAH or the County. In the event of termination, the SUBRECIPIENT shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Contract by the SUBRECIPIENT, and the County may withhold any payment to the SUBRECIPIENT for set-off purposes until such time as the exact amount of damages due to the County from the SUBRECIPIENT is determined. 1. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) worldng days written notice to the other party. Upon termination, the County shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION In the event the grant to the County under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. H. INSURANCE The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 1. COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. SUBRECIPIENT AGREEMENT PagA~mfd~ Item No. 8B April 13th, 2004 Page 13 of 29 2. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28 for all owned, non-owned and hired automobiles. The SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self-insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 3. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the County as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board of County Commissioners, a Political Subdivision of the State of Florida, its. Officers, Employees, and Agents, c/o Department of Financial Administration and Housing,. The SUBRECI1~IENT shall agree the Additional Insured endorsements provide coverage on a primary basis. 4. CERTIFICATE OF INSURANCE The SUBRECIPIENT shall agree to deliver to the County a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the County. A minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage shall be included on the certificate(s). 5. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the County, by and through its Purchasing or Risk Management Department, in cooperation with the Department of Financial Administration and Housing, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement. The County reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. I. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as an SUBRECIPIENT AGREEMENT PagA§effcllgltem No. 8B April 13th, 2004 Page 14 of 29 independent agent and that its employees are not Collier County employees and are not subject to the County provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. VIII. ADMI]N-ISTRATIVE REQUIREMENTS A. Financial Management The SUBR~CIPIFNT agrees to comply with OMB Circular A -110 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. Documentation and R~ord - Keeping 1. The SUBRECIPIENT shall maintain all records required by the CDBG Regulations. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the County by the SUBRECIPIENT at any time upon request by the County or FAH. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to FAH if requested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. o The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. SUBRECIPIENT shall submit monthly beneficiary reports to FAH using Exhibit "C". o The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including fries containing contractor payrolls, employee interviews, Davis- Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shah maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. C. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A-Il0, A-122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. SUBRECIPIENT AGREEMENT PagAO~rfdl~ Item No. 8B April 13th, 2004 Page 15 of 29 D. REPORTS, AUDITS, AND EVALUATIONS Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. ADDITIONAL FAll, COUNTY, AND HUD REQUIREMENTS FAIl shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by FAH, the County, or HUD at any time. PRIOR WRITTEN APPROVALS-SUMMARY The following activities require the prior written approval of the FAH Department or designee in order to be eligible for reimbursement. (a) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; (b) All capital equipment expenditures of $1,000 or more; (c) All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); (d) All change orders; and (e) All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and (f) All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. G. AUDITS AND INSPECTIONS At any time during normal business hours and as often as FAH, the County, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to FAH, the County, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the SUBRECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-110 (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principles for Non-Profit Organizations), A-133 (Audits of State, Local Governments, and Non_Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to FAH. In the SUBRECIPIENT AGREEMENT Page/10e~fc~ltem No. 8B April 13th, 2004 Page 16 of 29 event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A-133 (Audits of State, Local Governments, and Non-Profit Organizations), the County reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the SUBRECIPIENT as def'med in A-133. The County will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the County. H. PROGRAM-GENERATED INCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to FAH. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. The SUBRECIPIENT shall report its plan to utilize such income to FAH, and said plan shall require the prior written approval of the FAH Department or designee. Accounting and disbursement of such income shall comply with OMB Circular A-110 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG funds may be retained by the Agency. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub-contractors after the expiration of this Agreement shall be returned to the County no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. I. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. IX. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement. SUBRECIP[ENT AGREEMENT PageA~}erfd~ltem No. 8B April 13th, 2004 Page 17 of 29 Bo To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. OPPORTUNITIES FOR SMA!J. AND MINORITY/WOMEN-OWNED BUSINESS C° D° Eo ENTERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and minority/women-owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority/women- owned business enterprises shall be located in or owned by residents of the CDBG areas designated by Collier County in the Annual Consolidated Plan approved by HUD. PROGRAM BENEFICIARIES At least fifty-one percent (51%) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The SUBRECIP1ENT shall provide written verification of compliance to FAH upon FAH's request. EVALUATION AND MONITORING The SUBRECIPIENT agrees that FAH will carry out periodic monitoring and evaluation activities as determined necessary by FAH or the County and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to FAH, the County or the County's designees and make copies or transcrpfions of such records and information, as is determined necessary by FAH or the County. The SUBRECIPIENT shall, upon the request of FAH, submit information and status reports required by FAH, the County or HUD on forms approved by FAH to enable FAH to evaluate said progress and to allow for completion of reports required of FAH by HUD. The SUBRECIPIENT shall allow FAH or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by FAH or HUD. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or SUBRECIPIENT AGREEMENT Page/tCeffd~ltem No. 8B April 13th, 2004 Page 18 of 29 Fo Ho indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to FAH provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents of the project target area. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). DRUG-FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD's rules at 24 CFR Part 24, subpart F. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. SUBRECIPIENT AGREEMENT Page/t~dli2 Item No. 8B April 13th, 2004 Page 19 of 29 Xo REAL PROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. ENVIRONMENTAL CONDmONS AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. C. I.EAD-BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all HUD-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead- based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures might be undertaken. SUBRECIPIENT AGREEMENT PageA~erfc~ltern No. 8B April 13th, 2004 Page 20 of 29 D. HISTORIC PRESERVATION XI. XIll. XIV. XV. The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non-expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.200(3) specifies the limitations on CDBG funds, and is herein incorporated by reference. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of fifteen (15) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. SUBRECIPIENT AGREEMENT Page/~l~rffct~ltem No. 8B April 13th, 2004 Page 21 of 29 WITNESS our Hands and Seals on this day of ,20 NAME OF SUBRECIPIENT (SUBRECIPIENT SEAL) BY: BY: SIGNATURE PRINT NAME Approved as to form and legal sufficiency: Patrick G. White Assistant County Attorney COLLIER COUNTY, FLORIDA BY: JOSEPH K. SCHMITT, ADMINISTRATOR, COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES SUBRECIPIENT AGREEMENT Page,tl(Teffdla21tem No. 8B April 13th, 2004 Page 22 of 29 EXHIBIT "A" SCOPE OF SERVICES Bo THE SUBRECIPIENT AGREES TO: PROFESSIONAL SERVICES: The procurement process of the consultant shall also incorporate any sub-consultants, which shall be funded as reimbursable under the consultant's contract for services. Reimbursement for sub- consultants shall be at cost. Such sub-consultants may include surveyors, testing services, or others as deemed necessary for the nature of the project. PROJECT SCOPE: NARRATIVE OF WORK PLAN NOTE 1' The SUBRECIPIENT shall submit its bid package and drawings/specifications to FAH and obtain a letter of approval prior to bidding the construction work. NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid such work in a manner that would allow the receipt of itemized costs from bidders, which would then allow the award of items that can be funded by the budget. NOTE 3: The SUBRECIPIENT shall not award the construction contract for the Project until sufficient funding is available to complete the established scope of work. All construction work shall be included in one contract. The SUBRECIPIENT shall obtain FAH approval prior to awarding the construction contract to be funded through this agreement. After awarding such contract the SUBRECIPIENT shall obtain FAH approval prior to executing any change orders to such contract. NOTE 4: The SUBRECIPIENT shall not request reimbursement from FAH for materials or equipment received and stOred on the project site or elsewhere. The SUBRECIPIENT shall only request reimbursement for materials and equipment that have been installed. The SUBRECIPIENT further agrees that FAH, in consultation with any parties FAH deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. C. BUDGET: Line Item: Total CDBG Funds $ Other SUBRECIPIENT AGREEMENT Page/lCeffdtCltem No. 8B April 13th, 2004 Page 23 of 29 Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to FAIt, on behalf of the County, as the Grantee, for FAIl approval, in a form specified by FAH. Do Bo Fo Go Jo STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. ASBESTOS REQUIREMENTS: The SUBRECIPIENT shall comply, and ensure its subcontractors' compliance, with all applicable requirements for construction work in connection with the Project funded through this Agreement. DAVIS-BACON ACT: The SUBRECIPIENT shall request the County to obtain a Davis-Bacon wage decision for the project prior to advertising the construction work. The SUBRECIPIENT shall incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis- Bacon Act in its construction bid solicitation and sub-contract(s). BONDING REQUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB Circular A-110 (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in regard to any bid guarantees, performance bonds, and payment bonds. CONSTRUCTION PAYMENT RETAINAGE: The SUBRECIPIENT shall apply a retainage of at least 5% on all construction draws which retainages shall be released in conjunction with the fina~ draw upon satisfactory completion of the Project. The SUBRECIPIENT agrees not to release such retainages until it has obtained approval from the County that the contractor and subcontractors have complied with the requirements of the Davis-Bacon Act. FORMER PROJECTS: Failure to adequately maintain any former CDBG funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG funds. WORK SCHEDULE: The time frame for completion of the outlined activities shall be REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Financial Administration and Housing Department outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports should be mainly in the form of a narrative. The progress reports shall be used as an additional basis for FAH approval of invoices, etc. for reimbursement. SUBRECIPIENT AGREEMENT Page/t~rffd~ltem No. 8B April 13th, 2004 Page 24 of 29 EXHIBIT "B" COLLIER COUNTY FINANCIAL ADMINISTRATION AND HOUSING Subrecipient Name: Subrecipient Address: Project Name: Project No: Dollar Amount Requested: $ 1. Grant Amount Awarded REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Payment Request # SECTION I1: STATUS OF FUNDS 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request Current Grant Balance (Initial Grant Amount Awarded Less Sum of all Requests) o If applicable amount held as retainage to date by the County, if not retained by the sub-recipient. I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub-recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Authorizing Grant Coordinator Supervisor Dept Director Signature Date Tide SUBRECIPIENT AGREEMENT PagcA~d'd~ltem No. 8B April 13th, 2004 Page 25 of 29 EXHIBIT "C" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to FAH staff by the 10th of the following month. Status Report for Month of Submittal Date: Project Name Project Number Subre¢ipient: Activity Number Contact Person Telephone: E-mail: Fax: 1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month): 2. What events/actions are scheduled for the next two months? o Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. SUBRECIPIENT AGREEMENT Ag e r~l~dt;~N~fqZ2, 8B April 13th, 2004 Page 26 of 29 5. New contracts executed this month (if applicable): Name of Contractor or Amount of Contractor Race Ethnicity Subcontractor, Address & Phone Contract Federal ID (see (see Number Number definitions on definitions on page 3) page 3) e For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons"). Enter the number of beneficiaries in the blank space and in box "1." INCOME Of the households or persons assisted, are extremely low-income income (0- 30%) of the current Median Family Income (MFI). Enter this number in box "2." Of the households or persons assisted, are very low-income (31-50%) of the current Median Family Income (MFI). Enter this number itt box "3." Of these households or persons assisted, are low income (51-80%) of the current Median Family Income (MFI). Enter this number in box "4." NOTE: The total of boxes 2, 3 and 4 should equal the number in box 1. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5" below. BOX I BOX 2 BOX 3 BOX 4 BOX 5 Total Number of Extremely Very Low Income Female Head of households or Persons . Low Income Low Income (51-80%) Household Assisted (0-30%) (31-50%) SUBRECIPIENT AGREEMENT Ag e rl~l~dt~l"rprq~ 8B April 13th, 2004 Page 27 of 29 Subrecipients must indicate total beneficiaries for Race AND Ethnicity Definitions of Race: 1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African-American: A person having origins in any of the black racial groups of Africa. 3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. 4. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. 5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity: 1. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and Ethnicit¥ Beneficiaries Race # Total # Hispanic White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian/Alaska Native and White Asian and White Black/African American and White American Indian/Alaskan Native and Black/African American Other Multi-Racial TOTAL: SUBRECIPIENT AGREEMENT Ager~i~dt;~tm fqZ2. 8B April 13th, 2004 Page 28 of 29 SUBRECIPIENT AGREEMENT Agert~t~dC.3mlq~ 8B April 13th, 2004 Page 29 of 29 EXECUTIVE SUMMARY PETITION RZ-2003-AR-3973 AMERISITE LLC, REPRESENTED BY TERRANCE KEPPLE OF KEPPLE ENGINEERING, INC., REQUESTING A REZONE FROM THE "A" RURAL AGRICULTURAL ZONING DISTRICT TO THE "C-3" ZONING DISTRICI, FOR PROPERTY LOCATED AT COLLIER BOULEVARD (EAST SIDE) ~A MILE N OF RATTLESNAKE HAMMOCK ROAD, IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 9.24 ACRES. OBJECTIVE: The petitioner wishes to rezone 9.24_+ acres from the Agricultural "A" zoning district to the Commercial Intermediate "C-3" zoning district. CONSIDERATIONS: The property is located on Collier Boulevard (east side) IA mile north of Rattlesnake Hammock Road, in Section 14, Township 50 South, Range 26 East, Collier County, Florida. The subject property is an undeveloped tract of land. A 170-foot wide FPL easement occupies the easternmost portion of the parcel. The petitioner originally wanted to develop the site with mini- warehouses, and sought a rezoning to the C-5 zoning district, which is the only commercial zoning district that would allow that use by right. However, when advised that staff would not support a request to C-5 zoning because it would not be consistent with the commercial infill "step-down concept" (transition from higher to lower intensity of use) of the Growth Management Plan (GMP), the petitioner revised the petition to seek a rezone to the C-3 zoning district. FISCAL IMPACT: Approval of this rezoning petition would have no immediate fiscal impact on the County. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. GROWTH MANAGEMENT IMPACT: The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict), as identified on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). This petition is utilizing the Office and In-fill Commercial Subdistrict (OIC) provision of the GMP to allow commercial development at this location. The Office and In-fill Commercial Subdistrict (OIC) provides for "low intensity office commercial or in-fill RZ-2003-radD5750.tmp Page 1 of 3 Agenda Item No. 8C April 13th, 2004 Page 1 of 35 commercial development on small parcels within the Urban-Mixed Use District when the property is located along arterial and collector roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate." Staff recommends that this rezone request from "A" to C-3 be deemed consistent with the Future Land Use Element and the overall GMP. ENVIRONMENTAL ISSUES: Environmental Review staff evaluated this petition and determined that there are no environmental issues that need to be addressed at the rezoning stage. The Environmental Advisory Council (EAC) did not hear this petition because an Environmental Impact Statement (EIS) was not required for rezoning. The petitioner sought and received approval of a waiver of the EIS submittal requirement. Environmental staff has advised the petitioner that the EIS requirement will need to be addressed as part of any development approval because much of the site contains jurisdictional wetlands. The impacts to wetlands will be evaluated at the time of site plan submittal. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition on March 4, 2004, and recommended that this petition be forwarded to the Board of County Commissioners (BCC) with a recommendation of approval, subject to one stipulation. The CCPC added a stipulation that prohibits this parcel from using CR 951 for direct access. Access to this tract must be provided via an interconnection with the parcel to the south, which is currently owned and controlled by the same entity as the subject tract. At the CCPC hearing, the petitioner's agent presented a proposed plan of development that encompassed all three parcels currently owned by Amerisite LLC. The proposed site plan depicted one access onto CR 951 to serve all three tracts. The petitioner's agent agreed to this stipulation. This stipulation has been added to the Ordinance that has been forwarded to the Board of County Commissioners for their consideration. This petition cannot be on the Summary Agenda because the recommendation was not a unanimous vote; the vote was 7 to 1, with Commissioner Abernathy dissenting. Commissioner Abernathy stated that he was dissenting because he believed the rezoning request should be approved to C-5 as originally proposed by the petitioner, thus keeping the zoning of the subject site consistent with the zoning on the adjacent commercially zoned tracts. ZONING & LAND DEVELOPMENT REVIEW STAFF RECOMMENDATION- The proposed rezone is consistent with the applicable provisions of the GMP, and the uses allowable in this rezoning will be compatible with surrounding land uses. Therefore, Zoning & Land Development Review staff recommended that the Collier County Planning Commission forward Petition RZ-2003-AR-3973 to the Board of County Commissioners with a recommendation of approval, subject to the stipulation noted above in the CCPC action. RZ-2003-radD5750.tmp Page 2 of 3 Agenda Item No. 8C April 13th, 2004 Page 2 of 35 PREPARED BY: KAY DESELEM DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW DATE REVIEWED BY: RAY BELLOWS, CHIEF PLANNER DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW DATE REVIEWED BY: SUSAN MURRAY, AICP, DIRECTOR DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW DATE APPROVED BY JOSEPH K. SCHMITF, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION RZ-2003-radD5750.tmp Page 3 of 3 Agenda Item No. 8C April 13th, 2004 Page 3 of 35 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 8C Petition RZ-2003-AR-3973 Amerisite LLC This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition RZ-2003-AR-3973 Amerisite LLC, represented by Terrance Kepple of Kepple Engineering, Inc., requesting a rezone from the "A" Rural Agricultural zoning district to the ~C-3" zoning district, for property located at Collier Boulevard (east side) ¼ mile north of Rattlesnake Hammock Road, in Section 14, Township 50 South, Range 26 east, Collier County, Florida, consisting of 9.24 acres. 4/13/2004 9:00:00 AM Prepared By Kay Deselem, AICP Community Development & Environmental Services Pdncipal Planner Zoning & Land Development Review Approved By Ray Bellows Community Development & Environmental Services Chief Planner Zoning & Land Development Review Date 3/25/2004 4:03 PM Approved By Susan Murray, AICP Community Development & Environmental Services Zoning & Land Development Director Zoning & Land Development Review Date 3/26/2004 11:13 AM Approved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 3/2612004 8:51 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. Date 4/112004 3:07 PM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 4/4/2004 12:03 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4~5~2004 8:55 AM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/512004 7:00 PM Agenda Item No. 8C April 13th, 2004 Pa(]e 4 of 35 FROM: HEARING DATE: SUBJECT: STAFF REPORT COLLIER COUNTY PLANNING COMMISSION DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION MARCH 4, 2004 PETITION RZ-2003-AR-3973; AMERISITE LLC OWNER/AGENT: Agent: Terrance Kepple Kepple Engineering, Inc. 3806 Exchange Avenue Naples, FL 34104 Owner: Amerisite LLC 3295 Ft. Charles Drive Naples, FL 34102 REQUESTED ACTION: The petitioner wishes to rezone 9.24± acres from the Agricultural "A" zoning district to the Commercial Intermediate "C-3" zoning district. GEOGRAPHIC LOCATION: The property is located on Collier Boulevard (east side) lA mile north of Rattlesnake Hammock Road, in Section 14, Township 50 Sotlth, Range 26 East, Collier County, Florida. (See illustration on following page.) PURPOSEfDESCRIPTION OF PROJECT: The subject property is an undeveloped tract of land. A 100-foot wide FPL easement occupies the easternmost portion of the parcel. The petitioner originally wanted to develop the site with mini- warehouses, and sought a rezoning to the C-5 zoning district, which is the only commercial zoning district that would allow that use by right. However, when advised that staff would not support a request to C-5 zoning because it would not be consistent with the commercial infill "step-down concept" (transition from higher to lower intensity of use) of the Growth Management Plan (GMP), the petitioner revised the petition to seek a rezone to the C-3 zoning district. SURROUNDING LAND USE AND ZONING: North: three 10-~:-acre "A" zoned undeveloped tracts, then the First Assembly of God facilities East: four "A" zoned 10~-acre undeveloped tracts Agenda Item No. 8C Page I of 7 April 13th, 2004 Page 5 of 35 rad2D18B.tmp South: two 4.62-acre C-5 zoned tracts also owned by the petitioner, then other 10+-acre "A" zoned tracts West: County Road 951 (Collier Boulevard), then the residential and golf course portions of the Naples Lakes PUD Zoning Map Excerpt GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, within the Urban-Mixed Use District, the Office and In-fill Commercial Subdistrict (OIC) provides for "low intensity office commercial or in-fill commercial development on small parcels within the Urban-Mixed rad2D18B.tmp Page 2 of 7 Agenda Item No. 8C April 13th, 2004 Page 6 of 35 Use District when the property is located along arterial and collector roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate." Residential development on this 9.24-acre tract could create compatibility issues with uses developed in the C-5 zoned tract to the south. Additionally, the small size of this tract would make residential uses on this site inappropriate due to roadway, drainage, and open space requirements. All adjacent residential uses are part of larger PUD zoned tracts; they are not in individually platted lots in small subdivisions. At best, residential use on the subject site would be a very small subdivision. In a memo dated February 3, 2004, Comprehensive Planning Staff provided the following analysis of the Office and In Fill Commercial Subdistrict Criteria for this petition (the GMP requirement is shown in regular text; the review comments are in italics): a. The subject site is in the Urban-Mixed Use District. (Site within the Urban-Mixed Use DistricO b. The subject site abuts a road classified as an arterial or collector on the Collier County Functional Class Map, as adopted in the Transportation Element. (Site abuts Collier Boulevard an arterial road). c. A rezone to commercial zoning is requested for the subject property in its entirety, up to a maximum of 12 acres. For a property greater than 12 acres in size, the balance of the property in excess of 12 acres is limited to an environmental conservation easement or open space. Under this provision, "open space" shall not include water management facilities unless said facilities are incorporated into a conservation or preservation area for the purpose of enhancement of the conservation or preservation area. (Site is 9.2 acres). &The site abuts commercial zoning: (i) On one side and non-commercial zoning on the other side; or, (ii) On both sides. (Site abuts existing C-5 on the south side and "A "zoning on the north side). e. The abutting commercial zoning may be in the unincorporated portion of Collier County or in a neighboring jurisdiction. (NA). f The depth of the subject property in its entirety, or up to 12 acres for parcels greater than 12 acres in size, for which commercial zoning is being requested, does not exceed the depth of the commercially zoned area on the abutting parcel(s). Where the subject site abuts commercial zoning on both sides, and the depth of the commercially zoned area is not the same on both abutting parcels, the Board of County Commissioners shall have discretion in determining how to interpret the depth of the commercially zoned area which cannot be exceeded, but in no case shall the depth exceed that on the abutting property with the greatest depth of commercial area. This discretion shall be applied on a case-by-case basis. (The depth of the site is the same as the commercial property). g. Project uses are limited to office or low intensity commercial uses if the subject property abuts commercial zoning on one side only. For property abutting commercial zoning on both sides, the project uses may include those of the highest intensity abutting commercial zoning district. (The site only abuts commercial zoning on one side. Staff has generally considered "office or low intensity commercial uses" to be those of the C-I, C-2 and C-3 zoning districts). h. The subject property in its entirety was not created to take advantage of this provision, evidenced by its creation prior to the adoption of this provision in the Growth Management Plan on October 28, 1997. (Site was created prior to 1997). i. For those sites that have existing commercial zoning abutting one side only: (i) commercial zoning used pursuant to this Subdistrict shall only be applied one time and shall not be expanded, except for aggregation of additional properties so long as all other criteria under this Subdistrict are met; and, (this is the first requested use of the OIC Subdistrict at this location). rad2D18B.tmp Page 3 of 7 Agenda Item No. 8C April 13th, 2004 Page 7 of 35 (ii) uses shall be limited so as to serve as a transitional use between the commercial zoning on one side and non-commercial zoning on the other side (Site abuts C-5 zoning on one side and petitioner is requesting C-3 zoning). j. For those sites that have existing commercial zoning abutting both sides, commercial zoning used pursuant to this Subdistrict shall only be applied one time and shall not be expanded, except for aggregation of additional properties so long as all other criteria under this Subdistrict are met. (N/A) k. Lands zoned for support medical uses pursuant to the" 1/4 mile support medical uses" provision in the Urban designation shall not be deemed "commercial zoning" for purposes of this Subdistrict. (N/A) I. For properties zoned commercial pursuant to any of the Infill Subdistricts in the Urban Mixed Use District or in the Urban-Commercial District, said commercial zoning shall not qualify to cause the abutting property(s) to become eligible for commercial zoning under this Office and Infill Commercial Subdistrict (N/A) m. Land adjacent to areas zoned C-lIT on the zoning atlas maps, or other commercial zoning obtained via the former Commercial Under Criteria provision in the FLUE, shall not be eligible for a rezone under the Office and Infill Commercial Subdistrict, except through aggregation as provided in Paragraphs i. andj. above. (N/A) n.For purposes of this Subdistrict, property abutting land zoned Industrial or Industrial PUD, or abutting lands zoned for Business Park uses pursuant to the Business Park Subdistrict, or abutting lands zoned for Research and Technology Park uses pursuant to the Research and Technology Park Subdistrict, shall also qualify for commercial zoning so long as all other criteria under the Office and Infill Commercial Subdistrict are met. (N/A) o.At time of development the project will be served by central public water and sewer. (The site will be served by public water and sewer). p. The project will be compatible with existing land uses and permitted future land uses on surrounding properties. (C-J thru C-3 zoning is considered to be compatible with the existing "A" zoning to north of the site). q.The maximum acreage eligible to be utilized for the Office and Infill Commercial Subdistrict within the Urban-Mixed Use District is 250 acres. (97.53 acres have thus far been rezoned utilizing the OIC Subdistrict.) Based upon the above analysis, [Comprehensive Planning] staff concludes the proposed rezone request from "A" to C-3 may be deemed consistent with the Future Land Use Element. Staff considers C-I thru C-3 uses to be those of low intensity, but the determination of intensity allowed on this site should be at the discretion of the Board of County Commissioners. ANALYSIS: Environmental: Environmental Review staff evaluated this petition and determined that there are no environmental issues that need to be addressed at the rezoning stage. The Environmental Advisory Council (EAC) did not hear this petition because an Environmental Impact Statement (EIS) was not required for rezoning. The petitioner sought and received approval of a waiver of the EIS submittal requirement. Environmental staff has advised the petitioner that the EIS requirement will need to be addressed as part of any development approval because much of the site contains jurisdictional wetlands. The impacts to wetlands will be evaluated at the time of site plan submittal. Transportation: Transportation Planning staff evaluated this petition and accepted the Traffic Impact Statement (TIS). Transportation Planning staff offered stipulations that could be included in the approval, however the stipulations are reiterations of the general requirements contained in the Land Development rad2D18B.tmp Page 4 of? Agenda Item No. BC April 13th, 2004 Page B of 35 O~_·'~"·'__·___~"'~'''''O~'þ''''",."_,~"u,_,_,,,_~,,_" Code (LDC), thus they have not been included as conditions of approval. A site plan is not part of this petition; site-specific issues will be addressed as part of the development approval process. This petition is not site-plan based. Utilities: Utilities staff reviewed the petition and offered no comments. The petitioner's "Statement of Utility Provisions" indicate water service and sewage disposal will be provided by the Collier County utility system. Zoning & Land Development Review: As previously mentioned, the petitioner originally was seeking to rezone the property to C-5, but amended the request when GMP consistency issues became apparent. Staff has reviewed this request in context with the overall existing and projected development of this area. The subject property in this request abuts undeveloped land on three sides, however several PUD projects have been approved or are pending approval in this general area. If those PUD projects are ultimately developed, the general area will experience increased growth and development. Please refer to the PUD Map excerpt provided below. D North PUD Project Map Excerpt The Naples Lakes Country Club PUD project is located west of the subject site, across CR 951. That project, which has commercial and residential components, is close to build out. A few outparcels at the intersection of Rattlesnake Hammock Road and CR 951 are undeveloped; other than that, the project is built out; the golf course is complete and the housing units are occupied. Just to the north of Naples Lakes PUD is the residential Club Estates PUD, which is being developed. Some homes have been constructed and the entry feature and internal roadways are complete. South of Naples Lakes PUD and across Rattlesnake Hammock Road is the Sierra Meadows PUD that has both residential and commercial components. This PUD is being developed now. Clearing is on going and infrastructure is being constructed. An Eckerd Drug store is approved at the comer of the intersection. Along the east side ofCR 951, north of the subject property there are three undeveloped ID±-acre tracts. Further north along the east side ofCR 951, at the intersection of The Lord's Way, is the First Assembly of God Church. East of the site are four, ten-acre undeveloped tracts. However, just to the east of those tracts is the Swamp Buggy Days Park, which occupies 129 acres of land. rad2D18B.tmp Page 5 of? Agenda Item No. BC April 13th, 2004 Page 9 of 35 To the south of the subject tract are two undeveloped C-5 zoned tracts owned by the petitioner. South of those tracts is the approved Hammock Park Commerce Centre PUD, which is not yet developed. Further south are the proposed Collier Regional Medical Center PUD and the Newtown Square PUD projects. The Commercial Intermediate district (C-3) purpose and intent is quoted [in part] from LDC Section 2.2.14.1, below: The purpose and intent of the commercial intermediate district (C-3) is to provide for a wider variety of g.oods and services intended for areas expected to receive a higher degree of automobile traffic. The type and variety of goods and services are those that provide an opportunity for comparison-shopping and have a trade area consisting of several neighborhoods and are preferably located at the intersection of two arterial level streets. Most activity centers meet this standard. This district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning districts typkally aggregated in planned shopping centers. This district is not intended to permit who1esaling type of uses, or land uses that have associated with them the need for outdoor storage of equipment and merchandise. . . . . The C-3 district is permitted in accordance with the locational criteria for commercial and the goals, objectives and policies as identified in the future land use element of the Collier County growth management plan. . . . . This project should "provide an opportunity for comparison shopping" among the nearby commercial developments by the residents of Naples Lakes PUD, Lely Resort and Winding Cypress PUD projects, as well as other residents in the area. Therefore, this petition should be in compliance with the purpose and intent of the C-3 zoning district. The property can be subdivided into multiple parcels and meet the dimensional standards of the proposed C-3 zoning district. Approval of this petition should not be contrary to the requirements of the LDC, and the uses allowable in the C-3 zoning district should not be out of character with the neighborhood. NEIGHBORHOOD INFORMATION MEETING: The petitioner held a Neighborhood Information Meeting on August 19, 2003; two persons from the public attended. At that time the petitioner was still seeking C-5 zoning and stated that it was his intent to construct mini-warehouses on the subject tract in conjunction with development of the adjacent tracts. Concerns were raised regarding access into the site from CR 951. The agent noted that it was his intent to have only one access onto CR 951 to serve the entire property owned by the petitioner (approximately 20 acres). [Staff clarified that because there is no site plan associated with the petition, and the parcels are individually deeded, separate tracts of the 2o± acres could be sold and developed independently, with road access sought for each tract.] Staff stated that access issues will be addressed when development approval are sought, in compliance with the requirements in effect at that time. STAFF RECOMMENDATION: The proposed rezone is consistent with the applicable provisions of the GMP and the uses allowable in this rezoning will be compatible with surrounding land uses. Staff has provided Findings of Fact to support this contention. Therefore, Zoning & Land Development Review staff recommends that the Collier County Planning Commission fOlWard Petition RZ-2003-AR-3973 to the Board of County Commissioners with a recommendation of approval. : rad2D18B.tmp Page 6 of 7 Agenda Item No. BC April 13th, 2004 Page 10 of 35 ORDINANCE NO. 04 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE NUMBER 91- 102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSNE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 0614S BY CHANGING THE ZONING - CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD (C.R. 951) 1/4 MILE NORTH OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM "A" RURAL AGRICULTURAL TO "C-3"; PROVIDING FOR STIPULATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Terrance Kepple, of Kepple Engineering, Incorporated, representing Amerisite LLC, in Petition RZ-2003-AR-3973, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COLLIER COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORlDA, that: SECTION ONE: The zoning classification of the real property as more particularly described by Exhibit "A", attached hereto and incorporated by reference herein, and located on the east side of Collier Boulevard (C.R. 951) 1/4± mile north of Rattlesnake Hammock Road (C.R. 864) in Section 14, Township 50 South, Range 26 East, Collier County, Horida, is changed from "A" Rural Agricultural to "C-3" Commercial Intennediate District, and the Official Zoning Atlas Map numbered 0614S, as described in Ordinance 91-102, as amended, the Collier County Land Development Code is hereby amended accordingly, including the following stipulation: Direct access from this site onto CR 951 is prohibited. Access to this tract must be provided via an interconnection with the parcel to the south. The herein described real property is the same for which the rezone is hereby approved. SECTION TWO: This Ordinance shall become effective upon fùing with the Department of State. Page 1 of 2 Agenda Item No. BC April 13th, 2004 Page 12 of 35 -_..._'.>'''.._'~.._'~',,---." PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2004. ATTEST: DWIGHT E. BROCK, CLERK. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk DONNA FIALA, CHAIRMAN Approved as to Fonn and Legal Sufficiency: ~~~,~ Patrick G. White Assistant County Attorney RZ-2003-AR-3937/KD/sp Exhibit: A: Legal Description Page 2 of 2 Agenda Item No. BC April 13th, 2004 Page 13 of 35 AMERISITE LLC REZONE FINDINGS PETITION RZ-2003-AR-3973 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. Staff analysis (see attached Staff Report) indicates that the proposed rezoning is consistent with the goals, objectives, and policies of the Future Land Use Map and the other applicable elements of the Growth Management Plan. 2. The existing land use pattern; As discussed in the staff report, the requested rezoning should fit into the existing and proposed land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; As discussed in the staff report, the requested rezoning should complement the existing and proposed land use pattern. The proposed zoning district and uses will provide uses that will support, i.e., be related to, the uses permitted in the adjacent zoning districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The current district boundaries are logically drawn, since they are consistent with the Growth Management Plan and follow existing property ownership boundaries. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. This area of Collier County has been experiencing development that has changed the character of the area from a rural agricultural area into a more urban area, which is consistent with the GMP land use designation within an Urban - Mixed Use District. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The parcel is adjacent to an existing commercial zoned tract and undeveloped land. Therefore, the proposed rezoning should not adversely affect living conditions in the neighborhood. Page I of 3 Agenda Item No. 8C April 13th, 2004 Page 14 of 35 e ge e 10. 11. 12. 13. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Although the uses allowed in the proposed zoning district could create more traffic than the current zoning, the uses allowed in the proposed zoning district could provide commercial opportunities for the neighboring property owners thus avoiding longer trips to other sites further away. Whether the proposed change will create a drainage problem. Any construction on this site must be in compliance with all requirements the South Florida Water Management District. Drainage problems should not be created when construction is done in accordance with the permit. Whether the proposed change will seriously reduce light and air to adjacent areas. All projects in Collier County are subject to the development standards of the zoning district in which they are located. These development standards are designed, at a minimum to maintain light and air circulation. Whether the proposed change will adversely affect property values in the adjacent area. The use of the land would not necessarily be known at the re-zoning stage, therefore no analysis of property values could be performed at this time, thus an appraisal of estimated future property values resulting from a rezone was not required. No review of this issue could be conducted. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The development of adjacent properties in accordance with existing regulations should not be affected. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. The proposed rezoning been found to be in compliance with the Growth Management Plan for which all property in Collier County is subject to, therefore, the proposed change will not constitute a grant of special privilege. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The property today could be used for use allowed in the "A" zoning district, however the petitioner wishes to use the property for a more intense commercial use than what is allowed in REZONE FINDINGS PETITION RZ-2003-AR-3973 Agenda IterrPblge a(~f 3 April 13th, 2004 Page 15 of 35 14. 15. 16. 17. that zoning district. The Land Development Code permits a landowner to seek a rezoning of land even if the land has possible use options under the current zoning designation. Whether the change suggested is out of scale with the needs of the neighborhood or the County. Since the proposed rezoning complies with the Growth Management Plan, it is not out of scale with the needs of the neighborhood or County. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There are many commercially zoned parcels in the County that may allow the use that is ultimately decided upon for development of this site. The petitioner however does not control all those other sites; he controls this site and seeks to rezone it to allow commercial uses. Staff analyzed this petition based upon its own merits and compliance with the GMP. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. As noted in the staff report, this site appears to contain jurisdictional wetlands. The wetlands can impact what and how development occurs on this site. However, site design issues are a function of the development review process not the re-zoning process, thus staff has not reviewed the property's "usability." No guarantees are provided to the petition as part of the rezoning to ensure that any use, or how much of any use, could be developed on this site. The development approval process is specifically designed to address such things as water retention, stormwater management, open space, parking requirements, and access issues. Once all those requirements are met, the amount of developable land can be determined. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. The development approvals that are sought to allow development of this site will contain reviews for compliance with the Levels of Service required for public facilities in the area. REZONE FINDINGS PETITION RZ-2003-AR-3973 Agenda IterrPbkje 8(bf 3 April 13th, 2004 Page 16 of 35 RZ-2003-AR-3973 PROJECT #2002080053 DATE:4/16/2003 KAY DESELEM APPLICATION FOR PUBLIC HEARING FOR: STANDARD REZONE Petition No.: Commission District: Date PetitiOn Received: Planner Assigned: _Kay Desslem ABOVE TO BE COMPLETFA} BY S~AFF General Information: Name of Applicant(s) Amerisite LLC Applicanfs Mailing Address 3295 Ft. Charles Dr City. Naples State FL Applicant's E-Mail Address: Applicanfs Telephone # 261-0247 Fax # Name of Agent Terrance Kepple Firm Agent's Mailing Address 3806 Exchange Ave City ~Naples State FL Agent's Telephone # 403-1780 Fax # Agent's E-Mail Address: KEIENGIN@,AOL,COM Zip 34102 Kep_~le Engineering, Inc. Zip 34104 403-1787 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-N~LES, FL 34104 PHONE (941) 403-2400/FAX (941) 043-6968 APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - ~ Agenda Item No. 8C April 13th, 2004 Page 17 of 35 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City State__Zip Name of Homeowner Association: Mailing Address City State ~ Zip Name of Master Association: Mailing Address City State Zip Name of Civic Association: Mailing Address City State Zip 2. Disclosure of Interest I0formation: If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership APPLICATION FOR PUBLIC HEARING FOR b'orANDARD REZONE Agenda Item No. 8C April 13th, 2004 Page 18 of 35 bo If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Percentage of Stock If thc property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest do If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership Peter Sulick Jr. 80% Peter Suliek Ill 10% Patri¢ia Sulick 10% 3295 Ft. Charles Naples, FL 34102 eo If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Parmership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: APPLICATION FOR PUBLIC HEARING FOR STANDARD RF..ZONE - 02/2002 Agenda Item No. 8C April 13th, 2004 Page 19 of 35 If any contingency, clause or contract terms involve additional parties, individuals or officers, if a corporation, partnership, or trust. Name and Address list all Date subject property, acquired CX) leased ( ) June 2001Term of lease , yrs./mos. If, Petitioner has option to buy, indicate date of option: terminates: , or anticipated closing date and date option Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the'final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed legal descriotion of the orooerty covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies.of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 14 Township: 50 S Range: 26 E Lot: Block: Subdivision: Plat Book Page #:__ Property I.D.#: 00418200007 Metes & Bounds Description: S 1/2 ofS ~A, NW ¼ ofSW ¼ Section 14, TWP 50 S, RGE 26 E, Collier Coun _ty Florida Less W 100 t~ thereof for roadway. Size of prope .rty: _335 ft. X mI237__ft. = Total Sq. Ft. Acres_9.24_ Address/general location of subiect property: _C. ollier Blvd. (east side) ¼ mile lq of Rattlesnake Hammock Rd. APPLICATION FOR pLrBLIC HF.,ARING FOR ISTANDARD REZONE -02/204}2 Agenda Item No. 8C April 13th, 2004 Page 20 of 35 AdiaCent zonine and land use: Zoning Land use N A Vacant S C-5 Vacant E A Vacant W PUD/R/W Collier Blvd If so, give complete legal description inadequate, attach on separate page). Does the owner of the subject property own property contiguous to the subject property? of entire contiguous property. (If space is Section: 14__ Township: 50 S__ Range: 26 E Lot: Block: Subdivision: Plat Book Page #:__ Property I.D.#: 00416800001 Metes & Bounds Description: _lq ~A, N 'A, N Va, SW ¼, SW ¼ of Section 14, Twp 50 S, Rng 26 E Rezone Request: This application is requesting a rezone from the _Agricultural zoning district (s) to the ,: ~ zoning dis. tri. et(s). Present Use of the Property: Vacant Proposed Use (or range of uses) of the property:__Commercial Evaluation Criteria: Pursuant to Section 2.7.2.5. of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. APPLICATION FOR PUBLIC HF. AR/NG FOR STANDARD Rg~OHE - 02/2802 Agenda Item No. 8C April 13th, 2004 Page 21 of 35 AMERISITE Rg7ONE Evaluation Criteria Response to Item # 8 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plar~ The project is located within the urban residential area and is immediately adjacent to property zoned C-5, which is within the Mixed Use Activity Center #7, shown on the FLUM. This site qualifies for the In-Fill Commercial Subdistrict based on the following; -Property abuts an artedal road ( Collier Blvd. ) -The site is less than 12 acres (9.2 acre tract). -It abuts existing commercially zoned property to the south (zoned C-S). -The depth of the parcel is the same as the adjacent commercial property. -The proposed zoning will match the existing/adjacent zoning, to the south. -This parcel was not created to take advantage of this provision. -This project will be served by public water and sewer. -The site is compatible with the adjacent zoning to the south and west. -The property to the south is within the Activity Center #7, this site is proposed as a transitional parcel to the property to the north. I 2. The existing land use pattertt Adjacent property is zoned as follows: - South C-5 - vacant - West FUVV & developed commercial PUD across Collier Blvd. - East Ag -vacant with intervening 175' FPL easement on east side of this property - North Ag vacant 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. This site will not create isolated zoning, as the adjacent site is zoned commercial 4, Whether existing district bou.&nries are illo~cally drawn in relation to existing conditions on the property for the proposed change. The existing zoning boundaries are not necessarily drawn illogically, however, the development of this site into residential property is unlikelY since it is bounded by Commercial, the FPL easement and Collier Blvd. 5. Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. As this part of the County is growing, additional commercial property is necessary to provide for the needs of the residential areas. RE.SUBMtTTAI- DATE: 11/2~1~1 13th, 2004 KAY DESELE~ge 22 of 35 6. tVhether the proposed change will adversely influence living conditions in the neighborhood. The proposed change will not affect living conditions in the area. The property is an extension of the existing zoning and does not abut any residential development. 7. Ighether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the develoPment, or otherwise affect public safety. The proposed project will generate traffic, however, the size of the project is minimal, compared to existing commercially zoned property and will provide commercial uses for the nearby residential developments that they may otherwise need to travel further to access. 8. Nrhether the proposed change will create a drainage problem. The project will provide on-site water management in accordance with SFWMD criteria. In addition, there will be no impacts on flow ways or floodplain and therefore will not create any drainage problem. 9. tghether the proposed change will seriously reduce light and air to adjacent areas. The setbacks and buffers for this site will restrict impacts to adjacent areas and there will be no reduction in light or air to the adjacent areas. 10. Whether the proposed change will seriously affect property values in the adjacent area. The development of this parcel should increase property values in the adjacent area, by conversion of agricultural zoning. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulat~'ons. The development of this property will not be a deterrent to development of any of the adjacent property. In addition, this site will provide interconnection to the properties, both north and south. 12. lghether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. No grant of special privilege will be given, by rezoning this site. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The existing zoning is agricultural, the property is located within the urban area and is planned for future development. Other than using the property for a farm or a single family residence, the property must be rezoned. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. Agenda Item No. 8C April 13th, 2004 Page 23 of 35 The small size of this site would suggest that it is within the scale and needs of the neighborhood as well as the county. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. There are limited other commercial properties available in the County that may be available, however, to serve the nccds of nearby residential developments, the commercial area needs to be located in close proximity. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classificatiott The property will require site alteration for any type of development, this use will require no unique requirements for development. This area was severely impacted by fire 5-10 years ago and is overgrowing with exotic vegetation, which will be removed with development of this site.. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County growth management plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. II], as amended. This project will have no large impact on public facilities or services. Dudng SDP submittal and review, the owner will need to provide proof of adequate public facilities to support this site. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. Agenda Item No. 8C April 13th, 2004 Page 24 of 35 10. 11, 16. The p,~h~~ac, teristics of the property and the degree of site alteration whi~ would be requir~ke the property usable for any of the range of pot~e, ntl~ uses 17. The impact of development on the ~la~ili~ o~e public factTities and serviC~~rC°-a~y--~wth Adequaie P~/inance [Code ch. 106~mended ' Deed Restrictions: The County is legally precluded from enforci deed esta dons, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous i~nd use.petitions on the subject property: To .your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? NO Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting a. A copy of the pre-application meeting notes; If this rezone is being requested for a specific use, provide fifteen (15) copies of a 24" x 36" conceptual site plan (16 copies if for affordable housing) [and one reduced 8½" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Add/tional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · ali existing and proposed structures and the dimensiOns thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), · all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, APPLICATION FOR PUBLIC HEARING FOR STANDARD RET~NE - 02/2002 Agenda Item No. 8C April 13th, 2004 Page 25 of 35 An architectural rendering of any proposed strUCtures. An Environmental ImPact Statement (ELS), as required by Section 3.8. of the Land Development Code (LDC), or a request for waiver if appropriate. Whether or not an Els is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native Vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). f. Statement Of utility provisions (with all required attachments and sketches); A Traffic Impact Statement (TIS), unless waived at the pre-apPlication meeting; A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre, application meeting); Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE- 02t2~2 Agenda Item No. 8C April 13th, 2004 Page 26 of 35 S~ATEMENT OF UTILITY PROVISIONS'FOR STANDARD REZONE REQUEST NAME OF APPLICANT: .A. nierisite LLC 2. MAILING ADDRESS: 3295 Ft. Charles CITY Naples STATE FL ZIP 34102 3. ADDRESS OF SUBJECT PROPERTY OF AVA/LABIlE): ~~ 4. LEGAL DESCRIFTION: Section: 14 Township: 50 S Range:~ 26 E Lot: Block: __ Subdivision: Plat Book Page #: Property LD.#: 00418200007 Metes & Bounds Description::.: S 1/2 of S ¼, NW ¼ ofSW ¼ of Section 14, ~ 50 S, RGE 26 E, Coll/erCounty Florida Less W 10Oft thereof for roadway. o TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY ITFIIATY SYSTEM X~ b. CITY UTILITY SYSTEM ¢. FRANCmSED UTILITY SYSTEM PROVIDE NAME d . PACKAGE TREATMENT PLANT (GPD capacity). e. SEPTIC SYSTEM TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM ¢. FRANCI~ISED UTILITY SYSTEM PROVIDE NAME PRIVATE SYSTEM (WEIJ,) de APPLICATION FOR PUBLIC HEARING FOR STANDARD RE/X)I~- ~t2002 Agenda Item No. 8C April 13th, 2004 Page 27 of 35 7. TOTAL POPULATION TO BE SERVED: Comme~'cial PEAK AND AVERAGE DAli.I{ DEMANDS: A. WATER-PEAK 19 gum AVERAGE DAliN. 11,000 cod. B. SEWER-PEAK 19 gum AVERAGE DAH.Y 11,000 cud IF PROPOSING TO BE CONNECTED TO COLLIF~R COUNTY REGIONAL WATER SYSTEM, PI.EASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: De~ 2,003 . 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to bc used as well as a specific statement regarding the method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, ~n-itten notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. ff applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 12. STATEMENT OF AVAH,~BILYYY CAPACITY FROM O _TWF_~R PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statemem from that provider indicating that there is adequate capacity to serve the project shall be provided. Ufli~ Pw~m ~mmt RJM lO~17ff/ APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 02/2002 Agenda Item No. 8C April 13th, 2004 Page 28 of 35 STANDARD REZONE APPLICATION SUBMITTAL CHECKI,LST Tl:il.q COMPLETED CI:[F. CKLLqT IS TO BE SUBMYI3'ED WITH APPLICATION PACKET! REQUIREMENT$ # or NOT COPIES REQUIRED REQUIRED 1. Completed APplication 15~ X 2. Copy of Deed(s) and list identifying Owner(s) and all 2' X Partners if a Corporation 3. Completed Owner/Agent Affidavit, Notarized 2* X 4. Pre-application notes/minutes 15' X 5. Conceptual Site Plans 15' 6. Environmental Impact Statement - (EIS) 4 Waiver 7. Aerial Photograph - (with habitat areas identified) 5' X 8. Completed Utility Provisions Statement (with required 4 X attachments and sketches) 9. Traffic Impact Statement - (TIS) 4 X 10. Historical & Archaeological Survey or Waiver 4 Waiver Application 11. Copies of State and/or Federal Permits 4 NA 12. Architectural Rendering of Proposed Structure(s) 4 NA 13. Application Fee, Data Conversion Fee, Check shall be - $1,950.00 made payable to Collier Country Board of Commissioners 14. PUBLIC PARTICIPATION MEETING: APPLICATION SUBMITTAL: Copy of Affidavit attesting that all property owners, civic associations & property owner associations were notified. Copy of audio/video recording of public meeting Written account of meeting 15. Other Requirements - * Documents required for Long-Range Planning Review * 1 additional copy fffor affordable housing As thc authorized agent/applicant for this petition, I attest that all of thc information indicated on this checklist is included in ~ submitlal package. I understand that failure to include all necessary submittal information may result in the delay of proc~g ~ petition. Agenff~p~~Signature / Date APPLICAT/ON FOR PUBLIC ~G FOR STANDARD RET_.~NE- 02f2002 Agenda Item No. 8C April 13th, 2004 Page 29 of 35 Agenda Item No. 8C April 13th, 2004 Page 30 of 35 RE-SUBMITTAL RZ-2003-AR-3973 PROJECT #2002080053 DATE: 11/24/03 KAY DESELEM 3806 Exchange Avenue Naples, Florida 34104 . (239) 403-1780 S ½ ofS ½ ofNW % of SW 1/4 Sec 14, Twp 50 $, Rng 26 E · Fax (239) 403-1787 · . Minor TIS~C ..~~y,~ ThO proposed, project consists of a 9.2 acre tract,.zoned, X~cultural and undeveloped. The proposed use is torezone the property to--for a mixed use ofrctaii/office and self-storage. The ultimate users are not defined, at this time. The development will be designed as a Business Park with mixed uses. Based on the ITE Trip Generation Manual, 6th Edition these uses would generate the following traffic. Business Park (770) Tbe area of thc park is 9.2 acres, approximately % of which will be used for water management and ~ation of native vegetation. The following calculations arc based on thc total 9.2 acre site Weekday 149.79 trips/acre/day 149.79 x 9.2 = 1,378 trips/day, 50% entering, 50% exiting Peak Hour of Adjacent street (AM) 18.86. trips/acre/hr 18.86 x 9.2 = 173 trips/* hour 85% entering -' 147 trips entering · 15% exiting:' - 26 trips exiting- Peak Hour of Adjacent street (PM) · . 16.84 trips/acre/hr 16.84 x 9.2 = 155 trips/hour 20% entering - 31 entering 80% cxiting - 124 cxiting Radius of l)evelopment.lnfluence This project fronts on Collier Blvd. with directional movements only north & south. ~RattleSnake Hammock Rd. is located 1/4 mile to the south and Davis Blvd. is located 3 miles to the north. This would be the radius of development influence, since at those.. locations, the traffic generated by this project would be negligible compared to the background tmffi¢. April 13th, 2004 Page 31 of 35 Trip Assignment At project entrance on Collier Blvd. 50% north 50% south At Rattlesnake Hammock Rd. 25% west 25% south At Davis Blvd 25% north 25% west The annual average traffic count on Collier Blvd. is 25,968 Orr 2000). The additional traffic (1,378 trips/day) will be 5.3 % ofthe average. Access to this site will be through the adjacent property to the south which will have a connection to Collier Blvd. The location of the said entrance is in accordance with the Collier County Access Management Plan and is shown as a full median opening. Traffic Impact No major impacts are expected from this project, as the percentage of increased traffic is minimal. The only expected impacts would be at the entrance to the project. Proposed Improvements The access connection, for this project, will align with the existing median opening on Collier Blvd. There is an existing southbound left turn lane and this project will need to construct a northbound right turn lane. Mitigation This project will construct any required improvements at the entrance to the site. In addition, payment of traffic impact fees will provide for mitigation for any other impacts to the transportation system. Consistency with Traffic Circulation Element of the GIMP The existing road network in the area is operating at acceptable levels of service. This project will not impact the level ofservice in the area. There are no sidewalks along this portion of Collier Blvd. This project will construct sidewalks along its frontage, as required by the LDC or will make payment to the County sidewalk "fund" in lieu of construction. This project will not have any significant impact on the existing road network, as thc increase in traffic is approximately 5.3% of the existing traffic. On-site parking will be provided for the project in accordance with the current LDC. Agenda Item No. 8C April 13th, 2004 Page 32 of 35 RZ-2003-AR-3973 PROJECT #2002080053 DATE:4/16/2003 KAY DESELEM 3806 Exchange Avenue · Naples, Florida 34104 Kay Deselem Planning Sevices 2800 N. Horseshoe Dr. Naples, FL 34104 · (~TZH) 403-1780 239 · Fax ('¢~ZI'l) 403-1787 239 March 15, 2003 Re: Amerisite LLC ElS waiver Dear Ms. Deselem, We are requesting a waiver to the EIS due to the following reasons: 1. The site is less than 10 acres. 2. Several years ago, this area experienced a major fire which destroyed most of any native vegetation. The area has grown up in exotic vegetation, which covers most of this site. Terrance L. Kepple, P.E. Agenda Item No. 8C April 13th, 2004 Page 33 of 35 LEGAL DESCRIPT ION SOUTH 1/2 OF THE SOUTH V2 OF THE NORTHWEST IA OF THE SOUTHWEST IA OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORDIA LESS THE RIGHT OF WAY. RZ-2003-AR-3973 EXHIBIT A Agenda Item No. 8C April 13th, 2004 Page 34 of 35 EXECUTIVE SUMMARY AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2003-61 AND NO. 2003-62 TO CLARIFY THE EFFECTIVE DATE PROVISIONS OF THOSE ORDINANCES; AND AMENDING CHAPTER 49 OF THE CODE OF LAWS AND ORDINANCES, AS CREATED BY ORDINANCE NOS. 2003-61 & 2003-62, BY AMENDING SECTIONS 49-25 AND 49-45, RESPECTIVELY, PERTAINING TO PROGRAM ELIGIBILITY CRITERIA; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. OBJECTIVE: Approve an ordinance to clarify the boundaries of the newly adopted Fee Payment Assistance Program and Tax Stimulus Program and to clarify how these economic incentives will be financed. CONSIDERATIONS: On November 18, 2003, the Board of County Commissioners ' ("Board") approved four economic incentive programs by separate ordinances. Included in those approvals were the Fee Payment Assistance Program to mitigate the economic effects of increased impact fee rates for eligible businesses, and the Property Tax Stimulus Program to mitigate the economic effects of increased relocation or expansion costs for eligible businesses. At this meeting, to assist the Board's understanding, a map was presented depicting the boundaries of the area to which these economic incentives were intended to apply (See Exhibit A). The boundaries depicted on the map, however, actually conflicted with those set forth in the ordinances. The text of the ordinances adopting the economic incentives stated that the incentives would apply within the boundaries of the Immokalee Redevelopment Area, which would be expanded "to include the Immokalee Enterprise Zone in its entirety." However, because the boundaries of the Enterprise Zone were greatly expanded by the Board on September 14, 1999 to include census tracts 112.04, 112.05, 113 and 114 (See Exhibit B), the map presented to the Board was in error. That map, illustrating the supposed "entirety" of the Enterprise Zone, was actually an outdated one depicting the much smaller, pre-September 14, 1999 boundaries. Yet because of the virtually identical geometric shape of these two boundaries (albeit having radically different proportions), the difference was mistakenly overlooked. Consequently, the Board approved ordinances permitting the economic incentives to apply to areas that were never initially intended by Staff or accurately shown to the Board. Nevertheless, according to the Immokalee Redevelopment Area Advisory Board ("Advisory Board"), the intent of the Advisory Board was to include all four census tracts within the boundaries of the community redevelopment area so that the economic incentives would apply there; and on February 18, 2004, the Advisory Board met and affirmed its intent. On March 26, 2004, the Advisory Board met again to re-clarify its Agenda Item No. 8E April 13th, 2004 Page 1 of 11 intent with respect to the Fee Payment Assistance Program and Property Tax Stimulus Program. Regarding these two programs, the Advisory Board again stated that it was their intent to have the programs apply to the four census tracts (and, of course, the extreme southern portion of the existing community redevelopment area falling just outside of the four census tract-area, as shown in Exhibit A). However, since justifying such a large expansion of the Immokalee Redevelopment Area with the State would be difficult, the Advisory Board agreed with Staff's recommendation that the Fee Payment Assistance Program and the Property Tax Stimulus Program apply only to the four census tract area and that the boundaries of the Redevelopment Area only be expanded to incorporate the areas of the old Enterprise Zone not already included in the Redevelopment Area (depicted as hatched areas in Exhibit A). FISCAL IMPACT: Based on the already adopted language of the aforementioned economic incentive ordinances, once the appraised property values for the base tax year are established, all future ad valorem tax increments for properties contained within the Immokalee Enterprise Zone (a.k.a. the four-census tract area comprised of tracts 112.04, 112.05, 113 and 114) will be deposited into the Immokalee CRA tax increment fund (TIF) trust fund rather than the Cout~ty's general ad valorem fund. If the aforementioned ordinances are amended with the ordinance currently proposed, only the tax increments for the properties contained within the Immokalee Community Redevelopment District (CRA), or in essence the area defined as the smaller pre- September 14, 1999 Enterprise Zone boundary--plus the extreme southern portion of the existing community redevelopment area falling just outside of the four census tract- area, as shown in Exhibit A--would go to the Immokalee CRA TIF trust fund. (An ordinance to expand the CRA to incorporate the entire area of the old Enterprise Zone will be presented to the Board at a later date.) Although 100% of the TIF will go to the Immokalee Redevelopment Area, the CRA has agreed to reimburse the County's general fund with a significant percentage (currently varying between 50-95%, depending on the incentive program) of the TIF funds received. The ad valorem taxes for the remaining properties of the four-census tract area would continue to go to the County's general fund. GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County that may consider alternative land use plans, modifications to development standards, and incentives to encourage redevelopment. ADVISORY BOARD RECOMMENDATION: When adopted in November 2003, the intent of the Immokalee Redevelopment Area Advisory Board was to include the four- census tract area comprised of tracts 112.04, 112.05, 113 and 114 (See Exhibit B) within the expanded boundary of the redevelopment area; and on February 18, 2004, the Advisory Board met and affirmed this intent. On March 26, 2004, the Advisory Board met again to clarify its intent with respect to the Fee Payment Assistance Program and Property Tax Stimulus Program. Regarding these two programs, the Agenda Item No. 8E April 13th, 2004 Page 2 of 11 Advisory Board stated that it was its original intent to have them apply to the four census tracts and that portion of the Redevelopment Area not included in the four census tracts, as set forth in Exhibit A. However, after discussion with Staff, the Advisory Board agreed with Staff's recommendation that the boundaries of the Redevelopment Area be expanded only to incorporate the boundaries of the old Enterprise Zone (depicted as hatched areas in Exhibit A), but that the Fee Payment Assistance Program and the Property Tax Stimulus Program also be allowed to apply to the four census tract area outside of it. STAFF RECOMMENDATION: Comprehensive Planning recommends that the Board amend the language of Ordinances No. 2003-61 and No. 2003-62 to clarify: 1) the four census tract area as the boundary to which the Fee Payment Assistance Program and the Property Tax Stimulus Program apply; 2) the CRA will reimburse the County's general fund with a percentage (currently varying between 50-95%, depending on the incentive program) of the TIF funds it receives for projects located in the Redevelopment Area and 3) that the ad valorem taxes for the remaining properties of the four census tract area will continue to go to the County's general fund. An ordinance to expand the boundaries of the Immokalee Redevelopment Area to incorporate the areas contained within the old Enterprise Zone (depicted as hatched areas in Exhibit A) will be presented to the Board at a later date. SUBMITTED BY: John-David Moss, Senior Planner Comprehensive Planning Department DATE: REVIEWED BY: Randall Cohen, Manager Comprehensive Planning Department DATE: REVIEWED BY: Stan Litsinger, Director Comprehensive Planning Department DATE: APPROVED BY: DATE: Joseph K. Schmitt, Administrator Community Development and Environmental Services Agenda Item No. 8E April 13th, 2004 Page 3 of 11 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 8E An Ordinance of The Board of County Commissioners of Collier County, Florida. Amending Ordinance No. 2003-61 And No 2003-62 This item continued from the March 23, 2004 BCC Agenda. An Ordinance of the Board of County Commissioners of Collier County, Florida, Amending Ordinance No. 2003-61 and No 2003-62 to Clarify the Effective Date Provisions of Those Ordinances; and Amending Chapter 49 of the Code of Laws and Ordinances, As Created by Ordinance Nos 2003-61 & 2003-62, By Amending Sections 49-25 and 49-45, Respectively, Pertaining to Program Eligibitity Criteria; Providing for Conflict and Severability; Providing for Inclusion in Code of Laws and Ordinances; and Providing for an Effective Date. An amendment to amend the geographic boundaries of the previously approved Ordinance. 4113~2004 9:00:00 AM Prepared By John-David Moss Community Development & Environmental Services Senior Planner Comprehensive Planning Approved By Stan Litsinger Community Development & Environmental Services Comprehensive Planning Director Comprehensive Planning Date 4/5/2004 1:42 PM Approved By Joseph K. Schmitt Corem unity Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. Date 4/6/2004 10:27 AM Approved By Randall J. Cohen Community Development & Environmental Services Commuinty Planning and Redevelopment Manager Comprehensive Planning Date 4/6/2004 12:15 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4~7~2004 12:55 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4~7~2004 1:13 PM Agenda Item No. 8E April 13th, 2004 Page 4 of 11 ORDINANCE NO. 2004 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2003-61 AND NO. 2003-62 TO CLARIFY THE EFFECTIVE DATE PROVISIONS OF THOSE ORDINANCES; AND AMENDING CHAPTER 49 OF THE CODE OF LAWS AND ORDINANCES, AS CREATED BY ORDINANCE NOS. 2003-61 & 2003-62, BY AMENDING SECTIONS 49-25 AND 49-45, RESPECTIVELY, PERTAINING TO PROGRAM ELIGIBILITY CRITERIA; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 18, 2003, the Board of County Commissioners of Collier County, Florida adopted Ordinance No. 2003-61, establishing a Fee Payment Assistance Program to mitigate the economic effects of increased impact fee rates; and Ordinance No. 2003-62, establishing a Property Tax Stimulus Program available to eligible businesses to mitigate the economic effects of increased relocation and expansion costs, which provided for certain economic incentives; and WHEREAS, Chapter 125.01 (1)(t), Florida Statutes, authorizes the Board to enact ordinances necessary for the exercise of its powers; and WHEREAS, the Program Eligibility Criteria in Code of Laws Section 49-25, created by Ordinance No. 2003-61, pertaining to a Fee Payment Assistance Program, and Section 49-45 created by Ordinance No. 2003-62, pertaining to a Property Tax Stimulus Program, respectively are now intended to include one more criterion; and WHEREAS, enactment of the following amending ordinance will be in the public interest and serve a valid public purpose by adding a necessary criterion for eligibility to Page 1 of 4 Agenda Item No. 8E Words struck through are deleted, words underlined are added April 13th, 2004 Page 5 of 11 the aforementioned programs and clarifying the precise events required for the above- referenced economic incentive ordinances to become effective. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: SECTION ONE. The "Effective Date" provisions of Ordinance Nos. 2003-61 & 2003- 62, in Section Three of both Ordinances, are amended as follows: This Ordinance will immediately become effective upon the last date of occurrence of all three of the following events, regardless of the order in which they may occur: 3. the effective date of ordinances by the Board of County Commissioners adopting appropriate amendments to modify the Collier County Community Redevelopment Plan for Immokalee to allow for the use of TIF funds for the repayment of property taxes to eligible business located in a portion of the Immokalee Enterprise Zone and expanding the boundaries of the Immokalee Redevelopment Area to include a portion of the Immokalee Enterprise Zone, as that portion of the Immokalee Enterpise Zone is depicted in the attached Exhibit A. SECTION TWO. Article II, Section 49-25 of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 49-25. Program Eligibility Criteria. Be located within the boundary of the Immokalee Community Redevelopment Area and meet the following criteria: Page 2 of 4 Agenda Item No. 8E Words struck through are deleted, words underlined are added April 13th, 2004 Page 6 of 11 a. Create a minimum of five new job; and b. The newly created iobs pay an average wage equal to or greater than 50% of the County's current private-sector average wage. 4. Be a High Impact project and be located outside the Enterprise Community and Eastern Collier County and meet the following criteria: SECTION THREE. Article II, Section 49-45 of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 49-45. Program Eligibility Criteria. 3. Be located within the boundary of the Immokalee Community Redevelopment Area and meet the followinq criteria: a. Create a minimum of five new iob; and b. The newly created lobs pay an averaqe wa.qe equal to or ,qreater than 50% of the County's current private-sector averaqe wage. 4. Be a High Impact project and be located outside the Enterprise Community and Eastern Collier County and meet the following criteria: SECTION FOUR. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or any other applicable law, the more restrictive will apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion will be deemed a separate, distinct and independent provision and such holding will not affect the validity of the remaining portions. Page 3 of 4 Agenda Item No. 8E Words struck through are deleted, words underlined are added April 13th, 2004 Page 7 of 11 SECTION FIVE: INCLUSION IN CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION SiX. EFFECTIVE DATE. This Ordinance will become effective upon filing with the Department of State; PASSED AND DULY ADOPTED by the Board of County. Commissioners of Collier County, Florida this __ day of ,2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:. Deputy Clerk By:. Approved as to form and legal sufficiency: DONNA FIALA, Chairman Patrick G. White Assistant County Attorney Page 4 of 4 Agenda Item No. 8E Words struck tl~,ough are deleted, words underlined are added April 13th, 2004 Page 8 of 11 , m ~ ~ ~ *' "~ ~ t ~ mmmm -- ~ ' ~ ~ %== ~ I / / / ~ ~ ~ L ~ ~ o ' / m~ x ~~ ~mm~ o I O3 0 EXECUTIVE SUMMARY ADOPTION OF AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2003-63, THE IMMOKALEE RESIDENTIAL IMPACT FEE DEFERRAL PROGRAM, TO CLARIFY THE EFFECTIVE DATE PROVISIONS OBJECTIVE: Board of County Commissioners adoption of m~ Ordinance amending Ordinance No. 2003-63, which established a deferral program for the Immokalee area, to clarify the desired boundaries of the reconfigured Immokalee Redevelopment Area to include a portion of the Immokalee Enterprise Zone, as depicted in attached Exhibit A. CONSIDERATIONS: On June 11, 2003, a BCC workshop was held to discuss the report from Robert Charles Lesser & Company, I.LC, regarding the Analysis of the Effectiveness and Fiscal hnpact of Economic Development Incentives, which was prepared for the Immokalee Community Development Corporation. As a result of the workshop, staff was directed to develop a deferral program for owner-occupied dwellings in the Immokalee area for consideration and adoption by the Board of County Commissioners. On November 18, 2003, the Bom'd of County Commissioners adopted Ordinance number 2003-63, amending the impact fcc regulations in Chapter 74 of the Collier County Code of Laws and Ordinances to allow for thc deferral of certain impact fees for residential development. During the presentation relating to this item a map was presented depicting the boundaries of the area to which these economic incentives were intended to apply (See Exhibit A), however the boundaries depicted on the map conflicted with those set forth in the text of the Ordinance which stated that the boundaries of the Irmnokalee Redevelopment Area were to be expanded "to include the Immokalee Enterprise Zone in its entirety." The boundarics of the Enterprise Zonc were greatly expanded by thc Board on September 14, 1999, to include census tracts 112.04, 112.05, 113 and 114 (See Exhibit B), therefore, the map used in the presentation illustrating the "entirety" of the Enterprise Zone, was actually an outdated map, which depicted fl~e Enterprise Zone prior to September 14, 1999. Consequently, the text of the effective date provisions in the Board approved ordinances apply to an expansion of the hnmokalee CRA that was considerably larger than was intended by staff. Staff has prepared the attached Ordinance Amendment and maps to identlt'y the actual geographic area in which eligible projects may be allowed to participate in the Immokalee Residential Deferral Program. GROWTH MANAGEMENT IMPACT: Based upon the adopted, aforementioned Ordinance, the deferral program will be funded partially by a portion of thc TIF funds generated by the qualifying residential units and allocated to the Immokalcc CRA, in addition to funding from the General Fund (outlined below). Therefore, although there will be additional demand placed on the various Public Facilities related to population Agenda Item No. 8F April 13th, 2004 Page I of 8 CWO Amendment lmmokalee Deferral Program Page 2 growth, the qualifying developments will pay their far' share of the cost associated to providing necessitated capital improvements. FISCAL IMPACT: The adopted Immokalee Residential Deferral Program will be funded by two sources, as follows. 'The Program requires funding from the County General Fund in the amount of $500,000 for the first year of the program, which is included in the FY04 budget for Economic Incentives in Immokalee. The $500,000 County contribution will provide a funding source for the impact fees in excess of the TIF contribution. Year Two and Year Three of the Program will require additional annual funding. In addition to the County's funding contribution, the Immokalee CRA will provide funding through the use of the TIF associated to the qualifying dwelling units. The qualifying party will enter into a deferral agreement with Collier County and the deferral agreement will stand in lieu of payment of the applicable impact fees. A re- payment period of eleven years (11) would require a 95% per year transfer of the TIF funds associated to each qualifying dwelling unit fi'om the CRA Trust to the applicable Impact Fee Trust Fund(s). When the term of deferral is complete, either by TIF and General Fund payments or the obligation to pay being realized through the sale, transfer or re-financing of the subject development the applicable impact fees will have been paid in full. However, the lien on thc subject property will remain until the property is sold, transferred or refinanced, at which time the atnount of the impact fees will be repaid to the CRA Trust Fund and General Fund on a pr() rata basis. The fiscal impact associated to this Impact Fee Deferral Program is related to the payment of impact fees over time and the potential impact on capital project funding. }lowevcr, thc requirement to pay the applicable impact fee is not waived, therefi)rc, each qualifying development will be required to pay its fair share of the cost of capital inh'astructure improvements and or additions necessitated by growth and the Impact Fce Trust funds will ultimately receive payment of the fees in full. IMMOKALEE CRA ADVISORY BOARD RECOMMENDATION: When adopted in November 2003, the intent of the Immokalee Redevelopment Area Advisory Board was to include the four-census tract area comprised of tracts 112.04, 112.05, 113 and 114 (See Exhibit B). On February 18, 2004, the Advisory Board met and affirmed its original intent to include all four census tracts as thc boundary of the expanded redevelopment area. On March 26, 2004, the Advisory Board met again to clarify its intent with respect to the Immokalee Area [lousing Impact Fee Deferral Program. The Advisory Board affirmed that it was its original intent to have this incentive, however, they concurred with staff's analysis and a~eed to limit the incentive to only a portion of the Immokalee Enterprise Zone or the geographical area now identified as the expanded Immokalee Redevelopment Area; in essence the area originally identified as the "old" Enterprise Zone. Agenda Item No. 8F April 13th, 2004 Page 2 of 8 CIFO Amendment hnmokalee Deferral Program Page 3 STAFF RECOMMENDATION: The map that was presented to the Board of County Commissioners on November 18, 2003, although outdated, depicted the smaller geographic boundaries that were determined to most appropriately suit this Program. Therefore, staff has amended the language in the Ordinance and has prepared the attached maps, which are current, and consistent with the intent of the Ordinance and the Program area previously presented to the Board. Staff recommends that the Board of County Commissioners adopts the attached Ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances, the same being the Collier County Consolidated Impact Fee Ordinance, 2001-13, as amended, clarifying the desired boundaries of the Immokalee Redevelopment Area, effective upon filing with the Department of State. Prepared by: Amy Patterson, Impact Fee Manager Date: Reviewed By: Date: H. Denton Baker, Director Financial Administration and Housing Approved by: Date: Joseph K. Schmitt, Administrator Community Development and Environmental Services Division Agenda Item No. 8F April 13th, 2004 Page 3 of 8 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 8F Adoption of an Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance No. 2003-63 to clarity the effective date provisions This item continued from the March 23, 2004 BCC Agenda. Adoption of an Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance No. 2003-63, the Immokalee Residential Impact Fee Deferral Program, to clarity the effective date provisions. An amendment to amend the geographic boundaries of the previously approved Ordinance. 4/13/2004 9:00:00 AM Prepared By Amy Patterson Community Development & Environmental Services impact Fee Manager Financial Admin. & Housing Approved By Joseph K. Schmitt Community Development Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. Date 4/7/2004 9:43 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/7/2004 1:15 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4r7/2(]04 1:27 PM Agenda Item No. 8F April 13th, 2004 Page 4 of 8 ORDINANCE NO. 2004 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2003-63 TO CLARIFY THE EFFECTIVE DATE PROVISIONS OF THAT ORDINANCE; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 18, 2003, the Board of County Commissioners of Collier County, Florida adopted Ordinance No. 2003-63, amending the Collier County Impact Fee regulations in Chapter 74 of the Code of Laws and Ordinances to allow for the deferral of certain impact fees for residential development; and WHEREAS, Chapter 125.01 (1)(t), Florida Statutes, authorizes the Board to enact ordinances necessary for the exercise of its powers; and WHEREAS, enactment of the following amending ordinance will be in the public interest and serve a valid public purpose by clarifying the precise events required for the above-referenced economic incentive ordinances to become effective. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: SECTION ONE. The "Effective Date" provisions of Ordinance No. 2003-6?, in Section Three of that Ordinance, is amended as follows: This Ordinance will immediately become effective upon the last date of occurrence of all three of the following events, regardless of the order in which they may occur: 3. the effective date of ordinances by the Board of County Commissioners adopting appropriate amendments to modify the Collier County Community Redevelopment Plan for Immokalee to allow for the use of TIF funds for the repayment of property taxes to eligible business located in a portion of the Immokalee Enterprise Zone and expanding the boundaries of the Immokalee Redevelopment Area to include a portion of the Immokalee Enterprise Zone, as that portion of the Immokalee Enterprise Zone is depicted in the attached Exhibit A. SECTION TWO. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or any other applicable law, the more restrictive will apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, Page I of 2 Words struckthro'dgh are deleted, words underlined are added Agenda Item No. 8F April 13th, 2004 Page 5 of 8 such portion will be deemed a separate, distinct and independent provision and such holding will not affect the validity of the remaining portions. SECTION THREE. EFFECTIVE DATE. This Ordinance will become effective upon filing of this Ordinance with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this __ day of 2004. ATTEST: DWIGHT E. BROCK, Clerk By: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Deputy Clerk By: Approved as to form and legal sufficiency: Donna Fiala, Chairman Patrick G. White Assistant County Attorney Page 2 of 2 Words struck~hrou.gh are deleted, words underlined are added Agenda Item No. 8F April 13th, 2004 Page 6 of 8 0 "0 (].) o3 0 (-3 0 S 91z.L SZ~z/ m EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE AFFORDABLE HOUSING COMMISSION OBJECTIVE: To appoint 2 members to serve 3-year terms, expiring on October 1, 2006 to the Affordable Housing Commission. CONSIDERATIONS: The Affordable Housing Commission is a 9 member committee created by Ordinance 91-65 to monitor the implementation of the Affordable Housing Task Force's recommendations, and the goals, objectives, and policies of the Housing Elements of the County's Growth Management Plan and the City's Comprehensive Plan; investigate the feasibility of tax increment f'mancing for infrastructure for site development of affordable housing for low income households; develop means or mechanisms to encourage a voluntary program in which Realtors, and other holding deposits such as escrow accounts of earnest money deposits or security for rentals would deposit these in a selected bank where such bank would cOntribute to the Housing Trust Fund a gift calculated on the average collected balance for the month; investigate a plan for any linkage and inclusionary zoning recommendations; review and determine the effect of proposed ordinances of affordable housing and make recommendations to the Board of County Commissioners and the Naples City Council; and investigate any other relevant areas so directed by the Board of County Commissioners. Five members are appointed by the County and 4 appointed by the City. After initial appointments, terms are 3 years. A list of the current membership is included in the backup. The terms for Mario M. Valle and W. Jeffrey Cecil expired on October 1, 2003. A press release was issued and resumes were received from the following 4 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Robert E. Dowling Realtor 2 Yes Code Enforcement and Productivity Committee Robert Guididas Banker 4 Yes None Peggy T. Cabe Community Development Consulting 3 Yes None W. Jeffrey Cecil-re-appt Attorney 2 Yes Affordable Housing Commission COMMITTEE RECOMMENDATION: W. Jeffrey Cecil - Re-Appointment Robert Guididas - New Appointment NOTE: Section Seven (B) of Ordinance 2001-55 states "Terms of office for Board members shall be limited to two consecutive terms of service on any one Board..." Under (D) of the same section, it is noted that "By a unanimous vote of the Commission, the limitations set forth in subsection (B) above may be waived". According to available records, Mr. W. Jeffrey Cecil has served 2 consecutive terms. Should the Board wish to re-appoint Mr. Cecil, the limitations on two consecutive terms will need to be waived. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE Agenda Item No. 9A April 13th, 2004 Page I of 22 RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: APRIL 13, 2004 Agenda Item No. 9A April 13th, 2004 Page 2 of 22 Agenda Item No. 9A April 13th, 2004 Page 3 of 22 Affordable Housing Commission S~e Mr. Joseph G. Foster 7509 Cordoba Circle ~-a~ Naples, FL 34109 E-Ma//: Distr/c/: 2 Category: Attorney/subsidized housing facilities Work Phone Appt'd Home Phone Date. Re.-appt 11/13/01 F_.a~o. Date 2ndE~Date 10/01/04 Mr. William 1L Cadwallader 1090 Egrets Walk Circle Naples, FL 34108 E-Mad: Distri~: 2 Category: Attorney/Business Administration 514-4082 11/13!01 10/01/04 Mr. Marlo M. Valle 961 Murcott Drive Naples, FL 34120 F_.-Mm2: Distn'at: 5 Category: Realtor/Affordable Housing 10/24/00 10/01/03 Mr. W. Jeffrey Cecil 5932950 3073 Windsong Ct.//604 Naples, FL 34109 E-Ma//: District: 2 Category: County/Atty-Affordabl¢ Housing Dev. 10/14/97 10/24/00 10/0U00 I0/01/03 Mr. David Ellis 9625 Deepwater Court Naples, FL 34109 E-Ma//.: D/std.- 2 Category: County/Building Industry 592..6100 01 !09101 10108/02 10101102 10/01/05 T~'m 2nd Term 3 Years 3 Years 3 Years 3 Years 3 Years 1.5 Years 3 Years Thursday, February 26. 2004 Page 1 of 3 Agenda Item No. 9A April 13th, 2004 Page 4 of 22 Affordable Housing Commission Nme Mr. Doug ~ 2390 Ravenna Blvd., Unit 202 Naples, FL 34109 E-Mail: District:4 Category: City At Large Mr. $ohn F. Houton 275 Yucca Road Naples, FL 34102 E-Mail: Distr.: 4 C~tegory : City Ms. Mary Stratz 271 Aqua Court, P.O. Box 1646 Naples, FL 34102 E.Mail: District: 4 Category: Ci~ Mr. Richard Snyder 3131 RiveHa Drive Naples. FL 34103 E-Ma//: Digtrict: 4 Cat~ory: Ci~y/R~tired W'orlt Phone ~4ppt~d ~ Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 566-2510 263-0697 434-72O3 09/17/03 03/19/03 11/19/03 10/17/01 09/16/06 03/18/06 11/18~06 10/16/04 3 Years 3 Years 3 Years 3 Years Thursday, February 26~ 2004 Page 2 ors Agenda Item No. 9A April 13th, 2004 Page 5 of 22 Affordable Housing Commission Name FYork Phone ~lpptWd ~ Date Term Home Phone Date. Re.appt 2ndEacpD~e 2nd Term This 9 member commission was created on JUly 23, 1991, by Ordinance No. 91-65, to monitor the impleme,-~ of the Affordable Housing Tas~ Force's Recomm~ and the goals, objectives, and policies of ~ Housing Elernef~ of the County's Growth Mmaagement Plan and the City's ~~~~. Termsare3yeam. 5membem~by~~ and 4 members appointed by lhe City. Tara A. Norman, City Clerk 4.34-4701 FL STAT none E~O? Denny Baker, Interim HUI Directoc. 403-2330 T~ursda~,, Februa~ 26, 20~' Page 3 ors Agenda Item No. 9A April 13th, 2004 Page 6 of 22 M...E:~ 0 RAN U UM DATE: Sammry 12, 2004 TO: FROM: Elections Office t D3~. & Board of County-Commi.~qone~ ~ Voter Regislmfion- Advisory Board Appointments The Board of County Commi,~ioners will soon consider the following individuals for appointment to one of the count, s advisory conmfitte~ Please let me know if those listed below am registered voters in Collier County. AFFORDABLE HOUSING COMMISSION COMM!SSION DlffrRICr Robert E. Dowling 755g Cordoba Circle Naples, FL 34109 Robert Guididas 1550 13(a Aveame, N. Napl~ FL 34102 Peggy T. Cabe 11763 Warbler Court Naples, FL 34119 3073 w'mdsong CSmle, g604 Naples, FL 34109 Thank you for your help. Agenda Item No. 9A April 13th, 2004 Page 7 of 22 MEMORANDUM DATE: TO: FROM: January 12, 2004 Denny Baker, HUI Director Sue Filson, Executive Manager~2~ Affordable Housing Commission As you know, we currently have vacancies on the above-referenced advisory committee. A press release was ~requesting citizens interested in serving on this eo~ to submit a resum~ for consideration. I have attached the resumes received for your review as follows: Robert E. Dowling 7558 Cordoba Circle Naples, FL 34109 Robert Guididas 1550 13t~ Avenue, N. Naples, FL 34102 Peggy T. Cabe 11763 Warbler Court Naples, FL 34119 W. Joffi'ey Cecil 3073 W'mdsong Circle,/fl504 Naples, FL 34109 Please letme know, in writing, the recommendation for appoinmx~ ofth~ advisory committee within the 41 day time-frame, and I will preIm~ an executive summaxy for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Agenda Item No. 9A April 13th, 2004 Page 8 of 22 01/09/04 12:09 FAZ 12392614746 3an O8 04 O~l;~3a Coll JOHN R WOOD REALTORS Count,~ ~'3S-774-8865 I~] 002 Board of County Commissioners 3301 I~st TamJami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 ~o~pplication for Advisory Committees~oards ..... Home Phone: .~5'-~t~ "~"~;a Z 0'~ ltomeAddress: 7'-~..~'~j:~ ~--c~/~-/~o~ ~c'Z[Zlpcede: ~~O ~ F~ No. ~ , - g0a~ or C0m~ee Applied f0~ ~~ Ca~o~ (ff applicable): ~le: Come.ion D~, D~Iop~, ~vlrou~tu]~ ~ p~ ~ Are you a registered voter In Co.er Conn~ Y~ ~ No Do you cn~en~y hold public office? Y~ No, ~, w~ what ~ that ~fice? Do you rmw Serve, or have you ~ver serve~ on a Colfler Comity bo~-d or ~ommittee? Yes If ye~, plense list the committees/boards: - No ~-~ ~ ~ ~- AgendaltemNo. 9A or/os/o, ~o9:z0 ~e~~ 01/09/04 12:09 FAX 12392614746 JOHN R WOOD REALTORS ~003 Rob Dowling Broker-Director 3ohn R. Wood, Inc. REALTORS 3255 Tamiami Trail North Naples, Florida 34103 rdowling @~]o h nrvvood .corn Direct: (239) 659-6197 Toll Free: (800) 982-8079, Ext. 128 Cell: 239-571-6772 Other w~b sites of interest: ,robdowllnq.com Ciek For Fore~L { ROB DOWLING has been in Naples since 1982-- and has 21 years of Naples Real Estate business e×perlence ! He has over $185 milHon in Naples sales and IlsUngs. Rob sells and markets all types of properties for dlents. Rob arrived from Cleveland and ran the Wyndemere Tennis Club as I~anager/Pro. A two time Naples City Tennis Champ--- Rob has nearl~y ~ 300 sales at Wyndemere & other fine golf communiUes. Rob is considered an expert In Golf property. With dosed deals in Naples finest areas Including Port Royal, Grey Oaks, Collier's Reserve, Park Shore, Pelican Bay,Olde Naples, Moorings~The Colony, Gulf Shore Bird, Vanderbilt Beach~ Vlneyards~ Stonegate, .... ROB KNOWS THIS MARKET!! He's been successful here for 21 years and gives his clients the insight they need to make great deals. Rob has a bachelors degree from Bowling Green University in marketing; a Fortune 500 corporate background; Board of Directors of 3ohn R. Wood Realtors and Monterey. Member Wyndemere Country Club and St. Ann's Church. http:t/robdowIing.com/ · 1/9/2004 Agenda Item No. 9A April 13th, 2004 Page 10 of 22 ~ame: liomeAdd~: 1550 13th AYE N NAPLES · ax N0._649-1411 ihmh~ Pho.~ 649-1500 COMMUNITY BANK OF NAPLES, N.A- Board of County Commissioners ~ r' --~ Application for Adviso~mmi4~es~q~q~a~: ROBERT GU~DIDAS H~me Fbon~: 239-643-631 ~~: 34102 ~ ~: RGUIDIDA~CBNAPLES Board or Committe~ Applied AFFORDABLE HOUSING COHMISION Categoq, (if applicable): ~ Are you a registered vot=r in Collier County:. Yes ~ . No~_. Do you currently bom ImbBe offl~T Y~ I f so, wb~ b b~t office? _.. No X tr res, p~, u~t.tm, comml~ , SEE ATTACH]iD LIST OF COMMUNITY ACTIVITIES , No Please Iht your community setivitt~ (elv~c clubs, neighborhood associations, et~ and poMttons held: , Experience:. Agenda Item No. 9A April 13th, 2004 Page 11 of 22 ROBERT GUIDIDAS 1550 13~ Ave N Naples, Florida 34102 PROFESSIONAL EXPERIENCE President & CEO - September, 1995 to Present Community Bank of Naples, N.A. Organizing a locally owned community bank. Bank is now $230 million in Assets. Community Bank of Naples is ranked number one among new banks in the Southeast. President & CEO- November, 1991 to September, 1995 Bank of Naples Assumed the position of President & CEO for a troubled $35mm bank. Items of importance are: Bank returned 1.75% on assets and 22_22% on equity in 1994 · Bank was sold to Fifth/Third Bank at 2.3 times 1994 year end book value Classified loans were 16% of capital at March 31, 1995 versus 94% at December · Assets increased to $57mm at March 31, 1995 up from $36mm at December 31, 1991 · The value of the bank's stock increased from $4.50 per share in 1991 to $11.50 at the same time of sale to Fifth/Third. Increase was 478% City Executive I City Loan Manager I Vice President - October, 1989 to August, 1991 Southeast Bank, N.A. Naples, Florida Responsible for all banking activities for a three branch operatiOn with deposits of $80mm and $40mm of loans. Managed all loans activities, staffind and community relations. Vice-President ! Commercial Loan Officer- December, 1988 to October, 1989 Southeast Bank, N.A. Deerfield Beach, FL Vice-President and Group Leader - November, 1983 to December, 1988 Bank One, Akron, N.A. Agenda Item No. 9A April 13th, 2004 Page 12 of 22 Assistant Vice-president I Commercial Lendin~ - March, 1983 to November, 1983 Huntington National Bank Kent, Ohio Commercial Loan Officer - Julys 1979 to March~ 1983 Central National Bank Cleveland, Ohio 1976 - University of Dayton, BS - BA, Accounting 1981 -Cleveland State University, MBA Finance Agenda Item No. 9A April 13th, 2004 Page 13 of 22 R,oben Guidiclas - C~muniw ^~ties Economic Development Council of Collier County Past Board Member and Committee Chair Collier County Council of Economic Advisors Past Board Member Collier Buildin;i Ind.u..stry Association · Board Member since 1988 · Associate of the Year - 2002 · Chairman and member of numerous committees YMCA of Collier County Past Board and committee member Tourism Alliance of Collier County Past Director and past Treasurer Collier County Revenue Enhancement Committee Past Board Member Collier 200 Study Member of Organi~ng Group Habitat for Humanity of Collier County Past Development Committee Member Agenda Item No. 9A April 13th, 2004 Page 14 of 22 12/17/2003 18:59 2395968282 CAB~ O0~,g~ITY ADVIS P~ 81 Board of c°nn~ Commissioners.~__~ · ~011 g~t T~zzlami Trail (~4~) r~,. ~ / ltonmAddress: tt'7_t.~ W~_~bl~r Cd- Exl~.,rien Agenda Item No. 9A April 13th, 2004 Page 15 of 22 1~/17/2003 18:59 239S9~8202 CABE G]VllvllNiTY ADVIS P~ 82 117~ ~arbter Com~ N~pl~ l~l~ia',, 34i1~-8901 .... P~ T. Cabe OB,TE~ PROFESSIONAL ACCO1V~LI~ "People's Choi~ Awa.~" for ~nm'buti~s to Colorado ~ homi~ Colarrado Ho,,~$ NOW! Com'~m~e, Octol~ 2002. WORK Advisoc~, ~ US lMmeorp 1999-June 20011 199%1999 1995-1997 1993-1995 1~91-1993 MT Associ~-d 1984-1991 (Now 1~ ~ancorp) ~ Oh-ecto~tor,~ EDUCATION Bachelor of Arts De~ree, Social Woflr., Uoivcrshy of Wasbinilo~, Scaula. W~ ~NCES Agenda Item No. 9A April 13th, 2004 Page 17 of 22 12/17/2M0~ 18:~9 2~9~G0202 C~B~C~MM~NITV ~DVI$ p~ ~ CO CO WA ND MT OR FL CO CO CO CO CO CO CO OR CO CO CO 9'/0.467-.3289 ~05-237477~ ~)5-441-1966 701-530.2525 7~39 ~297-~16 ~79~ ~~17 ~~ ~131 65~7-3515 Agenda Item No. 9A April 13th, 2004 Page 18 of 22 12/17/2003 10:59 23959~0202 ~]~Ct3N~Ig'Y~LDVIS PAGE 84 Lewi~ 8: Cl.,k _Communi~Wo~r~. Bimam, dr: ND ~Y,~,~Pl~f, rNdy)l,o,~dRd~~ Febam7 2003. Agenda Item No. 9A April 13th, 2004 Page 19 of 22 12/17/2883 18:59 2395968282 CABE ~ITY ADVIS PAGE 85 Agenda Item No. 9A April 13th, 2004 Page 20 of 22 JAN-12-04 10=35 FROH=POET~R WRIGHT NAPLES ID,23a59328~O PAGE 2/3 Pom W?.to rr IVlom &Ammt . Atto~ley$ & Ce~asel.rs ~t L~w 239-593-2~50 Su=+te 300 Nnple~, l~lc~h 34~0$-2'/09 Facsinml~ Toil F-am 800-87&7962 January 9, 2004 ~ FACSIMILE 774-3602 Mm Sue Filson E0teomtive Dix'ector Board of Collier Colmty CommLqsioner, 3301 East Tarnlaml Trail Nap!ea, FL 341124977 Re:. Affordable Housing Dear Sue: I would appreciate the consideration of the Commissioners for m-appointment to the Affordable Housing Commi~ion, My atyplieafion is enclosed. Since my appointment in 1997, there have be~n s~reml dc~,elopmcnts in the hou~g industry. I believe that my interests, back,.m-ound, training and experieaxce will now be more usef~ to the Co~o~ amc[ I would like to continue serving the interests of our commumity in this manner. PI~se call me if you have any question~. Agenda Item No. 9A April 13th, 2004 Page 21 of 22 JAN-12-O'I 10 ; 35 FROM:PORTER WRICHT NAPLES ID,231~-~932-qBO PACE 3,'3 Board of County Commissioners 3301 Application for Advisory Committees/Boards Name: W- Jeffrey Cecil Home Phon~ 239-591-2026 Hom~Addresa: 3073 windsong Circle, %604, Na[~les 239-593-2990 Bu~n~ Phon~. 239-593-2950 Porter Wright Morris &-Arthur, LLP Z~ C.~d= ~mafl addx~_ ~il@porterwright.com Affordable Housing Co~mission. Iiln~,plms~stmec"-,~,-'". ~axds~ Aff~.~le Housjj~_ ]~kas~ lig ]rom' ~mmm~ a~hrifi~ (~ d~ neig~b0r~<t assecizgons~ ~t~ and p0~ions he[d: .M.~_~: Nap. les ;~r. ea Ch~ ~.~.~r of Coax0~_rce: Bonita Sprin~$ C~mrln~r.-. F~_nn~,,i~. Develo.r~n~n~' Council of Collier County; Collier Countv, .Florida, C~nio ~nd Araa~-io~rl Bar As~o~iations.;. = '.:L Board of Directq$%s: ..F6iucation3ounda[ion of Col]i,~ ~t-f. (Grants Cc~xnittee Chair), President: Manqo Bay I ~nium Unit 'Owner. s A _ssocia=ion. Y~hmafiom B.A. 197.4t Ohio Northern Univirsity; Ol}. 1979, Univ~tsitT_ o~_ ~i~_bigan Law School Expegiem~ AS an attorn_ev, I have [eoresented Ohio an4 natlana] non-orofit, senior and 1 .o~.....income housin~ develog~rs for over 19 y_~rs. I served o~ the Naoles .Cb~-~eT ..EDC Cc~lition Afford_able Housinq Couauitte for 4 yeaWs~ .and have ~erved the ~qc for two i~.r~. I' have, lived in Collier C~_ unty since .1993~ ~ I ~ fDl_l~ ver~ed on the difficulties we face for workforce housinq. 33Ol ~ r~ r-,~g Nat,re% ~£ ~4112. If y~ ~.,,~_,!,,,~,,¢'~m,~¢,~,~. ~,~j~~~,~m,,~a~,,,,,/c.~¢~¢-~,-~ April 13th, 2004 Page 22 of 22 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on February 4, 2005 to the County Government Productivity Committee. CONSIDERATIONS: The County Government Productivity Committee has 1 vacancy with the term expiring on February 4, 2005. This committee is composed of 11 members, with the vice chair of the Board of County Commissioners serving in a liaison capacity. The members are appointed by resolution of the Board of County Commissioners for a two-year term and must be permanent residents and electors of Collier County. Committee members are required to possess special expertise and experience related to managing large organizations, and must be balanced in representing the views of the community. The committee reviews the efficiency of departments of County Government under the jurisdiction of the Board of County Commissioners. The committee may analyze and review existing structure, organization, staffing, management, functions, business practices, and procedures of any or all parts of county government and make recommendations for increased efficiency and cost-effectiveness. The committee may also assist in the implementation of those recommendations. A list of the current membership is included in the backup. Mr. James C. Ray, Jr. resigned on December 17, 2003. A press release was issued and resumes were received from the following 7 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. 'D. Joseph Donahue Eng/neer 4 Yes None Matthew Hudson Realtor 5 Yes GGE Master Plan Committee David Taylor Morgan Investment Business 2 Yes None Alvin Jack Sims Altomey 2 Yes None Timothy P. Savage Realtor 3 Yes None John Dowd Chemistry/Management 4 Yes EMSAC James N. McKay Business Administration 3 Yes None COMMITTEE RECOMMENDATION: Matthew Hudson FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirming thc appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: APRIL 13, 2004 Agenda Item No. 9B April 13th, 2004 Page 1 of 24 TO: FROM: DATE: SUBJECT: MEMORANDUM Sue Filson, Executive Manager Board of County Commissioners Debbie Wight, Assistant to the County Manager RECEIVED -oun~7 Commf$$ fOyers March 26, 2004 Productivity Committee Recommendation to the Board for Filling One Vacancy The Productivity Committee has reviewed the seven applications received by the prescribed deadline tbr one vacancy. Applicants were evaluated based on their professional experience and potential contributions to the Productivity Committee. The Productivity Committee recommends the following applicant for appointment to a term expiring February 4, 2005: NAME TYPE OF : TERbl DISTRICT FIELD OF EXPERTISE APPOINTMENT Matthew Hudson Initial I 5 Realtor, former retail store manager The Productivity Committee also reviewed the following six applicants for the one appointment: NAME TYPE OF DISTRICT FIELD OF EXPERTISE APPOINTMENT D. Joseph Donahue Initial 4 Engineering, product design, development, manufacturing, retired Acquisitions and licensing John Dowd Initial 4 business owner, chemical industry James N. McKa7 Initial 3 General Manager, Eastman Kodak David Taylor Initial Morl~an Timothy P. Savage Initial 3 Investment business, manager Realtor Alvin Jack Sims Initial 2 Attorney Please advise should you need additional information. Agenda Item No. 9B April 13th, 2004 Page 2 of 24 County Government Productivity Committee Work Phone Appt'd Exp. Date Home Phone Date~Re-appt 2ndEx~Date 02/04/05 01/28/03 596-5020 Mr. Albin A. Kozek, Jr. 5308 Hawkesbury Way Naples, FL 34119 E-Maik District: 3 Category: Marketing; Strategic Planning & Program Mgmt. Mr. Fred Coyle 774-8097 01/13/04 3301 E. Tamiami Trail Naples, FL 34112 E-Mail: District: 1 Category: Vice-Chairman Ms. Celia M. Fellows 1131 17th Street, S.W. Naples, FL 34117 E-Mail: celiaanded~msa.com District: 5 Category: Office Mgmt; Accounting 01/11/05 T~r m 2nd Term 2 Years I Year 594-2021 304-2118 Ms. Helen C. Philbin 5784 Deauville Circle, #301 775-3772 Naples, FL 34112 E-Mail: hphilbin~comcast.net District: 1 Category: Gov't, Budget, Zoning Compliance v'~' s~'~ '"'~-o~ 591-6402 Mr. James C. Ray, Jr. t~..~ 14497 Indigo Lakes Circle 352-1306 Naples, FL 34119 E-Mail: District: 3 Category: Public Administration; Banking 10114/03 02/04/05 1.5 Years 01/13/04 02/04/06 2 Years 01/28/03 02104105 2 Years Wednesday, Januar~ 28, 2004 Page I of 3 Agenda Item No. 9B April 13th, 2004 Page 3 of 24 County Government Productivity Committee Wori~ Phone Appt'd Exp. Date Term Name Home Phone Date. Re-appt 2ndExpDate 2nd Term Ms. Janet Vasey 01/12/99 4398 Longshore Way North 598-4378 01/13/04 Naples, FL 34119 E-Mail: District: 3 Categoo': Budget & Financial Anaysis Mr. Joseph B. Swaja 394-4599 04/24/02 460 Battersea Court 394-4599 01/13/04 Marco Island, FL 34145 E-Mail: joeswaja~aol.com District: 1 Category: Development of Strategic Objectives Mr. Sydney E. Blum 594-7880 10/14/03 237 Burning Tree Drive 261-1855 Naples, FL 34105 E-Mail: eescool~earthlink.net District: 4 Category: Job costing; Mgmt Styles, Efficiency Training 02/04/00 02/04/06 02/04/04 02/42/06 O2/O4/O5 Mr. Robert E. Dowling 7558 Cordoba Circle Naples, FL 34109 E.Maih rdowling~johnrwood.com District: 2 Category: Real Estate/Marketing 659-6179 01/27/04 59~-5972 02/04/05 Mr. Stephen A. Harrison 4255 Gulf Shore Blvd, N.//1506 Naples, FL 34103 E-Mail: saharison~aol.com District: 4 Category: Economics/Finance/Marketing/CPA 821-5180 01/27/04 435-1869 02/04/06 lYear 2 Years 2 Years 2 Years 1.5Y~m I Year 2 Years Wednesday, January. 28. 2004 Page Agenda Item No. 9B April 13th, 2004 Page 4 of 24 County Government Productivity Committee Na~n~ Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Staney E. Farnham 919 Tropical Bay Ct. 354-1240 Naples, FL 34120 E-Mail: sftums~__~aol.com District: 5 Category: Strategic Planning; Management/Retired Mr. Dexter R. Groose 659-0489 659-0389 5202 High Street Naples, FL 34105 E-Mail: dxdotcom~earthlink.net District: 4 Category: performance Analysis & Value Analysis 10Il 4/03 02104104 4 months 10/14/03 02/04/06 2 Years 01/22/02 02/04/04 2 Years 01/13/04 02/04/06 2 Years This 11 member committee was created on 01/20/91 by Ord. No. 91-10 (amended by Ord. No. 93-13, 96-10 & 2001-37). The committee is composed of 11 members, with the vice chair of the BCC serving in a liaison capacity. Committee members are required to possess special expertise and experience related to managing large organizations, and must be balanced in representing the views of the community. The committee reviews the efficioncy of departments of County Government under the jurisdiction of the BCC. The committee may analyze and review existing structure, organization, staffing, management, functions, business practices, and procedures of any or all parts of county government and make mcornmendaticms for increased efficiency and cost-effectiveness. They may also assist in the implementation of those recommendations. Terms are 2 years. FL STAT Staff: V~, Budget Analyst: 774-8810 IVednesday, JanuaO' 28, 2004 Agenda Item No. 9B April 13th, 2004 Page 5 of 24 MEMORANDUM DATE: February 23, 2004 TO: FROM: Elections Office _~, Sue Filson, Executive Manager.,~ Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know ii'those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. COUNTY GOVERNMENT PRODUCTIVITY COMM COMMISSION DISTRICT D. Joseph Donahue 3971 Gulf Shore Boulevard, N., PH201 Naples, FL 34103 Matthew Hudson 321 13th Street, S.W. Naples, FL 34117 David Taylor Morgan 410 Ridge Drive Naples, FL 34108 Alvin Jack Sims 708 Heathery Lane Naples, FL 34108 Timothy P. Savage 204 Monterey Drive Naples, FL 34119 Agenda Item No. 9B April 13th, 2004 Page 6 of 24 John Dowd 2999 Gardens Boulevard Naples, FL 34105 James N. McKay 1146. Augusta Falls Way Naples, FL 34119 Thank you for your help. Agenda Item No. 9B April 13th, 2004 Page 7 of 24 MEMORANDUM DATE: TO: FROM: February 23, 2004 Debbie Wight, Staff Liaison County Government Productivity Committee Sue Filson, Executive Manage~.~ Board of County Commissioners County Government Productivity Committee 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: D. Joseph Donahue 3971 Gulf Shore Boulevard, N., PH201 Naples, FL 34103 Matthew Hudson 321 13th Street, S.W. Naples, FL 34117 David Taylor Morgan 410 Ridge Drive Naples, FL 34108 Alvin Jack Sims 708 Heathery Lane Naples, FL 34108 Timothy P. Savage 204 Monterey Drive Naples, FL 34119 John Dowd 2999 Gardens Boulevard Naples, FL 34105 Agenda Item No. 9B April 13th, 2004 Page 8 of 24 James N. McKay 1146 Augusta Falls Way Naples, FL 34119 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Agenda Item No. 9B April 13th, 2004 Page 9 of 24 Collier County Home I BCC I Application for Advisory Committees/Boards Page 1 of 2 Board of County Commissioners 3.301 East Tamiami Trail Naples, FL 34112 (239) 7744R)97 Fax: (239) 774-3602 Application for Advisory Committee/Boards Fax No. ~/~'.~- / ~/~2 Business Phone: e-mail nddress-7 O~.a Ca~go~ (ff ~p~le): ~ Example: Commi~n Distric~ Deve~per, en~nmen~li~, ~y pe~n, etc. Are you a reg~ter~ voter in Collier Co~n'~: Yes ~ No Do you currently hold public office ? Y~ No ~ If so, what ~ ~at office ? ~ Do you now serve, or have you ever served, on a Collier County board or Committee? If yes, please list the committees/boards: Yes __ No g Please list your community activities (civic clubs, neighboorhood/associatio3z~, etc.) Education: Please attach any additional information you feel pertinent. This application siwuld be forwarded to Sue Filson, F..xecutive Manager to the Board of County Commissioners, 3301 East Tamiami Trail, Naple~, FI. 341.12. lf you wish, please fax your application to (941)774-3602 or e-mail to suefllson~oll~ergov, net. Thank you for volunteering to serve the citizen~ of Collier County. A§enda Item No.~/o~t http://www.co.collier.fl.us/bcc/advisory%20application.htm April 13th, 200'4"-' Page 10 of 24 D. Joseph Donahue During the early fifties at RCA, Dr. Donahue was a member of the team that pioneered the development of the first color picture tubes. He is the holder of a number of important patents. These original design and process concepts are still in use today by the worldwide picture tube industry. Dr. Donahue experience also includes 17 years with RCA Semiconductors where he held positions of Vice President of Europe, Vice President of Integrated Circuits and CEO. In 1977 he joined RCA Consumer Electronics with overall responsibility for engineering, purchasing, manufacturing and product assurance. Under his direction the factory in Bloomington, Indiana was automated and became the largest television receiver manufacturing plant in the world. In 1982 he was named CEO, where he further strengthened RCA market leadership in television receivers, VCRs and camcorders. He was named the 1983 Consumer Electronics Man Of The Year by Dealerscope magazine. In the late 1980s he established an RCA-Thomson office in Washington, DC and became highly involved with broadcasters, manufacturers, the government in the field of digital video technology and high definition telev!si°n [HI)TV]. This technology provided the foundation for the Digital Satellite System, tho world's first commercial digital television system, introduced by DirecTV in 1994. The Federal Communications Commission [FCC] appointed Dr. Donahue a member of their Advisory Committee on Advanced Television Service. He worked with the other HDTV standard proponents to form the Grand Alliance which developed the "best of the best" digital 1TDTV system which has been adopted by the FCC as the HDTV broadcast standard for the United States. He received an EMMY from the Academy of Television Arts and Sciences for his work on the HDTV standard. Commercial broadcast of HDTV by all major networks began in the fall of 1998. Dr. Donahue chaired a worldwide committee which standardized the recording of the digital HDTV signal on VCRs. Based upon his experience with the startup of color television in 1954, he also conceived and led the establishment of the first developmental HDTV station, WHD, in Washington, DC in 1996. The station, a joint project of broadcasters and manufacturers, established the technical foundation for HDTV broadcast and reception that is now used by commercial HDTV stations. He entered the U. S. Navy upon graduation from high school and rose to officer ranks. He received his B.S., M.S. and Ph.D. degrees in Physical Chemistry from the University of Michigan. While in Graduate School he taught General Chemistry and Physical Chemistry as a Teaching Fellow and Instructor, respectively. During his professional career, Dr. Donahue has authored numerous technical and business papers. He has run businesses with over 24,000 employees and has very extensive experience in Europe and the Far East. He was a Corporate Officer of RCA, GE and Thomson Consumer Electronics and has served on numerous boards, including RCA Great Britain, RCA Taiwan, RCA Mexico, RCA Licensing, Crown Wood Products and Anadigics. He is a Fellow of the Institute of Electrical and Electronic Engineers and has received the Distinguished Service Award of the Electronics Industry Association. Agenda Item No. 9B April 13th, 2004 Page 11 of 24 Since retiring full time in Naples he has remained active. He served on the Advisory Committee during the formation of the Creative Retirement Center of International College and on the Chairman's Circle of the Economic Development Council of Collier County. He is a graduate of the Collier Leadership Program of 2000. He served as President of Le Ciel Venetian Tower Condo Association for three years. He is a member of the Board Of Trustees of International College. He lectures on "The Digital Revolution" and its impact on almost aH aspects of our lives. He was been appointed to the Collier County Sheriff's Compliant Review Panel and to the Neighborhood Accountability Board Of North Naples. He also served on the Ethics Committee of International College which performed an ethics audit of the 1600 employees of the Collier County Commission. Agenda Item No. 9B April 13th, 2004 Page 12 of 24 Productivity Experience of D. Joseph Donahue For over thirty years of his employment, Dr. Donahue played a significant role in the improvement of the effectiveness and productivity of his organizations. This includes activity in many diverse functions, in three different businesses as well as three companies. In the interest of brevity, only the experience in the design and manufacture of television receivers at RCA Consumer Electronics will be cited. In the 1970s the competitive nature of the consumer electronics business increased dramatically because of the entry of many Far Eastern companies. In 1977, Dr. Donahue was brought into RCA Consumer Electronics to greatly enhance the effectiveness of the inside organization, to encourage the creation of exciting product improvements and to achieve major cost reductions. Over the next few years all of these goals were accomplished. The communications and productivity within an organization of 24,000 persons greatly improved. The time required to develop new models and introduce them into manufacturing was significantly reduced. Exciting new features and styling were introduced. Design and product quality were markedly improved. At the same time major cost reductions were achieved, typically $50,000,000 per year. The philosophy was to make large improvements in all aspects of the business while simultaneously achieving major cost reductions. These efforts allowed RCA to maintain market leadership in the face of the large Far East onslaught. These accomplishments led to the promotion of Dr. Donahue to CEO of the business in 1982. Many approaches were used in making these advances. One was emphasis on good communication both vertically and horizontal as well as clear definition of authority and responsibility. Information technology was introduced everywhere from product design to traceability of parts origin. Drawing boards were removed from the engineering department. Salaried employees were given instant access to design and process details, development and production schedules, costs and cost reduction goals, product quality and quality goals, etc., etc. As much as practical everyone knew what was expected of them on what schedule. Other key areas of significant progress in productivity were the automation of many manufacturing steps, a very defined purchasing process, calculation and communication of the cost of quality problems and of course, training. Agenda Item No. 9B April 13th, 2004 Page 13 of 24 VIP RESLTY GROUP E38-403-7778 Board of County Commissioners 3301 East Thalami Trail Napl~, FL 34111 (2S9) ~4-$097 Fax: (~39) 774-3~07, Application for Advisory Committees/Boards Fax no ~ Bu~s Vhon,:~O3-7 7YT~YL ,-m~ add~: V/r~' C~ Board or Committ.. Applied for: ~~'~ ~'~;'~ ExamPle: ~om~i~l O~t, Devllo~r,~i~me~lil~laY ~ Ag you · r~ste~d voter in Collier Count: Y~ ~ ~o Y ................ ~/~ ~ ~~o~t . ~/~ ~ Pleas~ li~l your communi~ actlviti~ (civic clu. bs, neigbb..~rhood associations, etc. and positlon~ held: Pie_axe ~reach ,n~ .dd~ion~l infvrm.tion you ftel Pvm'n¢-ng. ~ appa'catlon ~;houM be fvrssnxrdvd to Sue Filson, .P. mf~fr~ Managtr Agenda Item No. 9B April 13th, 2004 Page 14 of 24 ~b l~ 04 1~: 14p VIP REALTY GROUP ~3~-403-7778 p.E February 12, 2004 B~ard of' County Commissioners Attention Suc Filson 3301 East Tam, ami Trail i'qapl~, FL 34112 Ms. Filson I rrm writing this letter ss ~.n attachment m the application I am submitting for consideration for the vacancy on thc productivity committee. I have been involved in Collier County for many years sirdng on advisory boards for more than ten years. The first board I worked with was thc Golden Gate Estates Land Trust where I sen'cd for nearly nine years. I resigned to run for office per county ordinance. Upon being elected I then was selected to work on thc Golden C. vate master plan restudy committee. That committee sumetted and subsequently I applied for and was selected to sit on the Revenue commission where I currently serve to this day. I have learned a tremendous amount over this period of time about Collier County and how it runs. 1 have had the additional opportunity to be thc taxpayars elected representative as a Fire Commissioner for the Golden C~ate Fk¢ district. Thc position affords me an inside view into thc budget making, taxing and efficiencies necessary to make a special district function at a very superior level. The work that has been performed by thc revenue commission has given me a ve~d clear view of the county budget and the income streams that allow it to be implcmented. Currently I am cmployccl by VIP Realty Group, Luc as a Broker Sales associate and Rca[ Estate Instructor for the Naples School Of Rem[ Estate. The job affords mc thc opportunity to know and visit all points in Collier County which gives me insight into what thc needs wants and desircs arc o£ many people and communities. Currently I also ~erve on multiple committees at thc Naples Area Board of Realtors, which allows mc thc opportunity to stay abreast of all local and statewid~ issues that affect the housing industry. Prior to entering thc rcaI csmtc profession 1 ,,vas employed for twenty yem's by the Walgreen Company as a store manager responsible for a budget of over nine million dollars and nearly fifty employees. Thc training in budget preparation, hiring, firi.ng,. advertising, employee relations, inventory control, ordering, physical plant maimenance, community relations, and entrcprcneurship came ~rom Walgrcens. Thc companics strict ¢ommltment to r~aching operational goals cse~ted a cori-,oratc climate that sought out and encouraged the analysis of existing systems as well as the implementation of new efficiencies. One of the more unique qualifies I bring to any organization is the ability to bring reason and logic to any situation. I have developed tlmt skill ~s m~ mupirc iYr many years. The ability, to think quickly and to make fair impartial decisions that can be Agenda Item No. 9B April 13th, 2004 Page 15 of 24 Fen t~ O~ 12: 14p VIP RERLTY GROUP 238-403-???8 p.3 sttpported by rule is what officiatin§ i:s about and in ~at endeavor I have been successful working from thc Li~¢ League level to the professional level. In conclusion I appreciate thc opportuaitics that have been provided to me ~'om thc Board of County Commissioners/n the past and I look forward to serving Collier County on the Productivity Committee. Best Regards Matthew Hudson Agenda Item No. 9B April 13th, 2004 Page 16 of 24 Board of County Commissioners ., 3301 East Tamiami Trail . :.'~- Naples, FL 341 12 · :~... (239) 774-8097 '.. · -:'¥~ Fax: (239) 774-3602 Application for Advisory Committees/Boards I ~ (~o.,~-v/ Board or Committee Applied for: WE Category (if applicable); ~?~V.q~c,'/t2-- Example: Commhah~ ~ Developer, euvireameal~t, lay pertea, eta. Are you a registered voter in Collier County:. Yes ~(~ No Do you currently hold public office? Yes No If to, what ia that office? Home Phone: :2~ ~'-f/3--//c"?~: Zap code: e-mail address: Do you now serve, or have you ever ~.ved, on · Collier Coun~ board or committee? Yes if yea, please list the committeea/boards: Plegse list your community activities (civic clubs, neighborhgo~!' associ~ions, etc. and positions held.: Pte~ ~tach any additiand information yom.fed pertinent ~ ~ shmdd be formaraed t~ $~ Filson, IE _.~c~ ~e Manager the Board of Caunty Commf.~ioner~ ~$01 ~ Tam,ami TtmTI. Naplt~ FL 3411Z If y~ wtxk, l~a~e fax yo~r al~tt~a~;nn za ('259} 774-$602 ar ~ail ta suet~lson~¢otlier~o~:net Tktmlt into foe ~ ta ~ Otc citizens of Caitttr ~ Agenda Item No. 9B April 13th, 2004 Page 17 of 24 02/11/2004 12:3~.. S415681043 JAa< SIMS Pff~E 81 ,'"'Application for Advisory Committees/Board. Name: ~..L~l~ %TAcit ~,~ S your ! _t Experienc~tRaiek~iraufld: _ '~C~ ATr,%¢ ~-&V, ~.q~$L..-4,~ J J Agenda Item No. 9B April 13th, 2004 Page 18 of 24 82/11/2884 12:36 941566i043 708 Heathery Lane Naples, Flor/da 34108 JACK SIMS ALWN JACK SIMS Tel. 239-~2570 Fax 239-~o66-1043 82 EDUCATION BACHELOR OF,ARTS, I-IARVARD UNIVERSrrY Ju~us Docro~r~, BOSTON UNl~Zzsrrv LANCUAGr. S & ~TURZ, UNrVERSlTY OF MAS.~CHU~rTS PROFF. n~IONAL AFlrlLIATIONS i~RO~.~SI ONAL I~IiSTORY 952 - 2003 ATTORNEY AT LAW, Brockxon, MA TRIAL ATrORREY nq ALL COURTS Keal estate L~w. Probate Imw, Criminal Law, Family Law, Personal Injury Law CoM~nam'rv & Cnqc Member, ExEctrnv~ COMMrI'IEE, Plymouth County B~ ~i~o~ 1973-76 Mem~r, ~~'s ~y Co~ ~ ~ 1~9 Mem~r, ~~ ~ ~ ~~N G~c~ C~. 1~5-74 C~, ~oR's ~RY C~ HO~O ~ ~ ~w~, 1 ~8 ~YOR, ~ ~ ~~N, ~ 1~7 A~st~t Dis~ict dttomey, ~o~ Co~, 1961~3 5~al d=i~! Dis~ict dt~y. Pc~ Co~. 1959-60 C~i~em~r, ~R~[TON ~ C~i~, w~ O~ ~~ C~ Tre~er. ~R~N ORC~ Mem~r, BR~KT~ ~~ON FOR ~~ ST~ SERGI~ ~ OF ~ U~ 55TM ~D ~~Y Bk~~, 11TM ~OD D~ISION Aw~ded 3 B~tle Agenda Item No. 9B April 13th, 2004 Page 19 of 24 F~B-10-~ 1~ 1~ FROM,OOWNIN~ FRY£ ID,2617821 PAG£ 1/! ; . Board of County. Commi~s'.mn .c~. 3301 g~t T~mi Trail Napl~ FL~112 . AppLication for Advisory Committees/Boards Board or Comm/v.e~ AppH ,,~.~__ -_.~] C~q~ory (ifapp~;czbl=): Are y~u n registered voter in Collier County:. Do you tmrrent2y hem public offl~.e? Yes' " D~ )'~ V~°w serve~ oc ltave ~fo~ evtr ~ved, on n C~iUer County board or co~ If yes, p,lg~se Un the corn~rd.~. ' -- Agenda Item No. 9B April 13th, 2004 Page 20 of 24 Board of County Commissioners 3301 East Tnmlaml Trail Naples, FL 34111 Fax: (2~9) 77~J60~ Applicati. on for Advisory Committees/Boards Business phon*: F~x No.~ Business; Board or Committee Appllcd for;~ Are you n registered ~otcr in Collier C~unty~ yes ~.No Do you currently hold public offlce7 Yes~ No If so, ~vh~t is th:it office?_ hsse OU e~ cr sen ed, on · Collier ~ounty bos~ or commttt~e~ _ No Please list your community activities (civic clubs, neighborhood as$ociation,~, etc..and positions held: t Agenda Item No. 9B April 13th, 2004 Page 1 of 3 -- filson_s From: James McKay 0mckay3@prodigy.net] Sent: Fdday, February 20, 2004 1:10 PM To: filson_s Subject: My Advisory Boards Application Dear Ms. Filson, Please accept my application for the board positions indicated. If any additional data is needed feel free to call me. Very Truly Yours, 3im McKay Application for Advisory Committees/Boards Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (:239) 774-3602 Name: 3ames N. McKay Home Address: 1146 Augusta Falls Way Home Phone: (239) 304 - 7575 Phone: IZip Code: 34119 e-mail address: ~_ ro~,y.net attz add for~ to the Coa 33~ TMa Tra. FL 34,~ X! Committee; or The Housing Finance [;ommitte Yo" Category (if applicable) Example: Commission District, Developer~ environmentalist, Citizen-At-Large, etc. 2/20/2004 Agenda Item No. 9B April 13th, 2004 Page 22 of 24 Page 2 of 3 I Are you a registered voter in Collie~ County? I Yes X Do you currently hold public office? Yes If so, what office do you hold? Do you now serve, or have you ever served on a Collier County I Yes board or committee? ! ~f yes, please list the boards/committees: No NoX INoX Please list your community activities (civic cl..~, neighborhood association,, etc. and positions held): Past Vice President of Augusta Falls Homeowners Association; Member, Military Officers Club of Collier County In former residences I have served on many committees including First Presbyterian Church, Boy Scouts, Little League Baseball, yIVlCA Youth Soccer, YMCA Youth Basketball, March of Dimes. Education: Received Bachelor of Business Administration from Clarkson Universitw Potsdam NY~ Graduate work at George Washington University Experience/Backgro und: 36~ you roll the of 2/20/2004 Agenda Item No. 9B April 13th, 2004 Page 23 of 24 Page 3 of 3 I have government experience as an Employment Interviewer for the State of New York. U. S. Army paratrooper, Intelligence Officer, rank of Captain with Honorable Discharge. Eastman Kodak Company 32 years - Last position was General Manager Special Products Business Unit. International responsibility for profit and loss of $100 million business. Former positions include sales management in Business Systems Markets Division. This was a unit designing and supplying computer driven business solutions to government and private industry. I have had a wide range of line and staff positions in my career which provide a depth of experience and understanding. I have a sincere interest In serving Collier County and enjoying the activity of direct participation with officials and staff. 2/20/2004 Agenda Item No. 9B April 13th, 2004 Page 24 of 24 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE ANIMAL SERVICES ADVISORY BOARD OBJECTIVE: To appoint 7 members (5 members will represent various organizations and 2 members will be at-large) to serve alternating terms on the Animal Services Advisory Board. CONSIDERATIONS: The Animal Services Advisory Board is a 7-member committee created on January 27, 2004 by Ordinance No. 2004-06 to make recommendations to the Board of County Commissioners on programs, services, classes and special events that will further assist Collier County Domestic Animal Services in providing the best possible service to the community. They will also analyze and review construction and improvements to Domestic Animal Services facilities and make recommendations to the Board of County Commissioners regarding such facilities. Three (3) members shall serve a term of four (4) years; Two (2) members shall serve a term of three (3) years; and two (2) members shall serve a term of two (2) years. After initial appointments, terms will be 4 years. A press release was issued and resumes were received from the following 35 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Christine M. Eckenroth Humane Society of Collier County 1 Yes None Tom Kepp, Jr. Humane Society of Collier County 3 Yes None David Estes Law Enforcement Law Yes None Dr. Randall Eisel Vet or Vet Tech 3 Yes None Bruce Tuberville Vet or Vet Tech 3 Yes None Stuart E. Wiles V.M.D. Vet or Vet Tech 3 Yes None Ann Dee Yurick Vet or Vet Tech5 5 Yes None Steve Ambrose Pet Retail 5 Yes None Scou M. Bechtol Pet Retail 5 Yes None John Dilanni Pet Retail 3 Yes None Larry Greenberg Pet Retail 5 Yes None Susan Weiss Pet Retail 2 Yes None Michele Antonia Animal Activist Group 5 Yes None Dolores Brandon Animal Activist Group 4 Yes None Cynthia England Animal Activist Group 2 Yes None Linda Kramer Animal Activist Group 5 Yes None Louise Mard Animal Activist Group 5 Yes None Benjamin Rae Animal Activist Group 4 Yes None Karen Acquard At Large 5 Yes Golden Gate Estates Land Trust Deanna Ball At Large 5 Yes None Nancy Lee Bullard At Large 4 Yes None Shawn Butler At Large 2 Yes None Deanna Deppen At Large 3 Yes None ~ John Dowd At Large 4 Yes EMSAC John B. Hall At Large 4 Yes None Jennifer Hawke At Large 3 Yes None Jack W. Johnson, Jr. At Large 5 Yes None Barbara A. Lewinski At Large 5 Yes None Paige Long At Large 2 Yes None Raymond W. O'Keefe At Large 2 Yes None Michael L. Pulte At Large 3 Yes None Cathy P. Rahrle At Large 5 Yes None Nancy Reyelt At Large 2 Yes None Agenda Item No. 9C April 13th, 2004 Page I of 72 Dr. Gerald Spivak Judy Polizzotti At Large Not a Registered Voter 1 Yes None I NO None APPOINTMENTS: One (1) Collier County Humane Society representative; One (1) veterinarian or veterinarian technician; One (1) County law enforcement representative; One (1) citizen in the pet retail, boarding or grooming industry; One (1) representative from an animal rights group based in Collier County; and, Two (2) citizens at large. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment, appoint 7 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: APRIL 13, 2004 Agenda Item No. 9C April 13th, 2004 Page 2 of 72 Candidate Law Humane Pet Vet or Animal At Name Enforcement Society Retail VetTech Activist Group Large' David Estes X 'Christine Eekenroth X Tom Kepp X Dr. Randall Eisel X Bruce Tuberville X Stuart Wiles VMD X 'Ann Dee Yurick X Steve Ambrose X Tink Bechtoi X John Dilanni X Larry Greenber~ X Su~n Weiss X Michele Antonia X X Delores Brandon X Cynthia England X Linda Kramer Louise Mard X :Benjamin Rae X X Karen Acquard X Deanna Ball X Nancy Lee Bullard X Shawn Butler X Deanna Deppen X John Dowd X John Hall Jennifer Hawke X Jack Johnson X X Barbara Lewinski X Pai~e Lon$ X Raymond O'Keefe X · Michael Pulte X Cathy Rahrle X Nancy Reyelt X Dr. Gerald Spivak Judy Polizzotti - Does not meet criteria Agenda Item No. 9C April 13th, 2004 Page 3 of 72 MEMORANDUM DATE: February 22, 2003 TO: FROM: Elections Office ~. Sue Filson, Executive Manager Board of County Commissioners 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. ANIMAL SERVICES ADVISORY BOARD Karen M. Acquard 441 24t~ Avenue, N.E. Naples, FL 34120 Steve Ambrose 6551 12a' Avenue, N.W. Naples, FL 34119 Michele Antonia 7620 Rookery Lane Naples, FL 34120 Deanna Ball 341 17m Street, S.W. Naples, FL 34117 Tink Bechtol ~d~*/( 440 19a' Street, S.W. Naples, FL 34117 Dolores Brandon 451 Bayfi'ont Place, #5211 Naples, FL 34102 Nancy Lee Bullard P.O. Box 7045 Naples, FL 34101 COMMISSION DISTRICT Agenda Item No. 9C April 13th, 2004 Page 4 of 72 ANIMAL SERVICES ADVISORY BOARD Shawn Butler 242 Ridge Drive Naples, FL 34108 Deanna Deppen 2043 46th Street, S.W. Naples, FL 34116 John Dilanni 6080 Shady Oaks Lane ~['3~'~.>q'°~Naples, FL 34119 3~O John Dowd 2999 Gardens Boulevard Naples, FL 34105 Dr. Randall Eisel 5256 Coral Wood Drive Naples, FL 34119 Cynthia England 6955 Carlise Ct., Apt. 136D Naples, FL 34109 David Estes 3301 E. Tamiami Trail Naples, FL 34112 ~'~'-'% t~ Larry Greenberg 3371 7t~ Avenue, N.W. Naples, FL 34120 John B. Hall 2998 Cypress Street Naples, FL 34112 i? Jennifer L. Hawke 728 Belville Boulevard Naples, Fl 341 04 Jack W. Johnson, Jr. P.O. box 5003 Immokalee, FL 34143 Linda Kramer 3671 1a Avenue, S.W. Naples, FL 34117 COMMISSION DISTRICT Agenda Item No. 9C April 13th, 2004 Page 5 of 72 ANIMAL SERVICES ADVISORY BOARD Barbara A. Lewinski P.O. Box 564 Chokoloskee, FL 34138 Paige Long 9610 Victoria Lane, DI02 Naples, FL 34109 Louise Mard 2860 Sherman Avenue Naples, FL 34120 Raymond W. O'Keefe 760 Bentwater Circle, Unit 201 Naples, FL 34108 Judi Polizzotti 897 Collier Court Marco Island, FL 34145 Michael L. Pulte 4850 Ma~inique Way Naples, FL 34119 Benjamin Rae 423 Crossfield Circle Naples, FL 34104 Cathy P. Rahrle 2190 21a Street, S.W. Naples, FL 34117 Nancy Reyelt 187 Wickliffe Drive Naples, FL 34110 ;, Dr. Jerald M. Spivak 7734 Mulberry Lane Naples, FL 34114 Brace Tuberville 6684 Huntley Lane S. Naples, FL 34104 Stuart E. Wiles, V.M.D. 3644 El Segundo Court Naples, FL 34109 COMMISSION DISTRICT Agenda Item No. 9C April 13th, 2004 Page 6 of 72 ANIMAL SERVICES ADVISORY BOARD Susan Weiss 6615 Chestnut Circle Naples, FL 34109 Ann Dee Yurick 3896 5~h Avenue, N.W. Naples, FL 34120 Thank you for your help. COMMISSION DISTRICT Agenda Item No. 9C April 13th, 2004 Page 7 of 72 MEMORANDUM DATE: TO: FROM: February 23, 2004 Jodi Walters, DAS Director Sue Filson, Executive Manage.{./[ Board of County Commission~ Animal Services Advisory Board As you know, we currently have vacancies on the ~bove-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: Karen M. Acquard 441 240' Avenue, N.E. Naples, FL 34120 Steve Ambrose 6551 120' Avenue, N.W. Naples, FL 34119 Michele Antonia 7620 Rookery Lane Naples, FL 34120 Deanna Ball 341 170' Street, S.W. Naples, FL 341 I7 Tink Bechtol 440 190' Street, S.W. Naples, FL 34117 Dolores Brandon 451 Bayfi'ont Place, #5211 Naples, FL 34102 Nancy Lee Bullard P.O. Box 7045 Naples, FL 34101 Shawn Butler 242 Ridge Drive Naples, FL 34108 Agenda Item No. 9C April 13th, 2004 Page 8 of 72 Deanna Deppen 2043 46'h Street, S.W. Naples, FL 34116 John Dilanni 6080 Shady Oaks Lane Naples, FL 34119 John Dowd 2999 Gardens Boulevard :., /7~, ~"¢]~ el't'~l~' Dr. ~ E~l 5256 Co~ Wood Drive Naples, FL 34119 Cynthia England 6955 Carlise Ct., Apt. 136D Naples, FL 34109 David Estes 3301 E. Tamiami Trail Naples, FL 34112 Larry Greenberg 3371 7~' Avenue, N.W. Naples, FL 34 ! 20 John B. Hall 2998 Cypress Street Naples, FL 34112 Jennifer L. Hawke 728 Belville Boulevard Naples, Fl 34104 Jack W. Johnson, Jr. P.O. box 5003 Linda Kramer 3671 1~ Avenue, S.W. Naples, FL 34117 Barbara A. Lewinski P.O. Box 564 Chokoloskee, FL 34138 Agenda Item No. 9C April 13th, 2004 Page 9 of 72 Paige Long 9610 Victoria Lane, D102 Naples, FL 34109 Louise Mard 2860 Sherman Avenue Naples, FL 34120 Raymond W. O'Keefe 760 Bentwater Circle, Unit 201 Naple. s, FL 34108 Judi PolbT. otti 897 Collier Court Marco Island, FL 34145 Michael L. Pulte 4850 Martinique Way Naples, FL 34119 Benjanfin Rae 423 Crossfield Circle Naples, FL 34104 Cathy P. Rahrle 2190 212 Street, S.W. Naples, FL 34117 Nancy Reyelt 187 Wickliffe Drive Naples, FL 34110 Dr. Jerald M. Spivak 7734 Mulberry Lane Naples, FL 34114 Bruce Tuberville 6684 Huntley Lane S. Naples, FL 34104 Stuart E. Wiles, V.M.D. 3644 El Segundo Court Naples, FL 34109 Susan Weiss 6615 Chestnut Circle Naples, FL 34109 Agenda Item No. 9C April 13th, 2004 Page 10 of 72 Ann Dee Yurick 3896 5tb Avenue, N.W. Naples, FL 34120 Please let me know, in writing within the 41 day time-frame, if the applicants are qualified to serve as members on the board, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Agenda Item No. 9C April 13th, 2004 Page 11 of 72 Page I 0£2 filson s From: Karen Acquard [LadiJ@worldnet.att.net] Sent: Saturday, February 14, 2004 5-24 PM To: filson_s Cc: Linda & Mike Hartman; coletta_j Subject: Application, CC Domestic Animal Services Advisory Committee Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Application for Adviso .ry Committees/Boards Name: Karen M. Acquard 455-8318 Home Phone: Home Address: 2389 441 24th Ave. NE Zip Code:~ 34120- Fax No.____~_._8-8517 Business Phone: address:_LadiJ~att, net n_one e-mail Business: H_ygi_e~i s.t. Retired Dent,~! Board or Committee Applied for:__Animal Servi.ces Advisory Board Category (if applicable):__Cifizen At L~r~qe, Example: Commission District, Developer. environmentalist, lay person, etc Are you a registered voter in Collier County: Yes__X No Do you currently hold public office? Yes No X If so. w~at is that office? Do you now serve, or have you ever sewed, on a Collier County board or committee? Yes X No If yes, please list the committees/boards: Golden Gate Estates Land Trust Committee (1998 to Present), Golden Gate Area Master Plan Restudy Committee (completed restudy June 2003) 2/17/2004 Agenda Item No. 9C April 13th, 2004 Page 12 of 72 Page 2 of 2 Please list your community activities (civic clubs, neighborhood associations, etc. and positions h eld :__Qr_d_eL~L~ Star-Past Matro~rew...lsland Fire a_~n_d Rescue (Volunteer Associate)- 1992 to Present. Volunteer Boa[d of Directors '96, Chairman_membership '98-2000, Treasurer a.t. p_r_es e~G~ ~Ld ~a~C i V i C Ass_oci afi_O_FL= Board of Directors '____96-98, Secretary '98. Sec/Treas '99, VP 2000, President 20.01, PP Advisor_qy_Z0~reasurer 2_0_03 & 04 Education: Associate Degree in Science Experience:~e_b_~d_P_e---~ost of_my life, both_cat~_a~e[}-d would c_~_n_si_d_e_[ mys_ej[~l~V__er~H_a_v_i[Ig_[ived in Collier Co_un~r_.a~~ars, the last 12 in_G_G Es~.e_s~_J~Lep,,~~'Jip-r-~e p~_o_blems of the unwanted and ' been iven aid _b_y__C_ollier County Anita. al Services in the pa__st and I mink I. _an_i__ma__!_s. i v_e~ .......... understand the diffi__cul___~_o_f t___h_eir__ta__s_ks. My d_og, o_n_.e__of___m_y son'_~s dogs a_nd his~2 cats _were..all aban_d_o_o~d near our home_s_. WhiJe it is not e_x_p_erience, I feel I h.a_ye____an ass___e~ in my desire to understand both sides of an issue, the ideal and_ ht_h_~_r__a__cfical, and work to find a solution th~[eeable to all. _A~S an avera~ with childmn.th_e, ir p~_.~ts a__n_d_a__j_qb__h__.av__e_p_r_ovid_e_d me_ _wi'~_kn_o_w_l_e~i__ge, e_~n_cl_c__o_mmon s_e_n~se__that.l_think would be an asset on thi~ a _d_~[s o _ry_b_o a _rd_. This application should be forwarded 1o Sue FRson, Executive Manager to the Please attach any eclo~onal Information yoU feel pe~lnenL ff you wtsh, please fax your application to (239)774-3602 or e- Boatvl of Counter Commi~sloners, 3301 East Tamlaml Trail, Naples, FL 34ffZ mail to s~efllson~colIiet~lov, net eqnatito:suelflson~colilergov, net'~. Thank yoU for volurtteerlng 10 s~rve the citizens of Colller County. 2/17/2004 Agenda Item No. 9C April 13th, 2004 Page 13 of 72 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Application for Advisory Committees/Boards Fax No. 5~7~,~ Business Phone: ~7ffl7~ Board or Commi,ee AppHed for: ~[ff ~ Catego~ (if appli~blc); Ex--pie: Commi~ion D~c~ Deveb~r. en~nm~ ~y ~ e~. Are you a reg~red voter in Co~er C0un~: Yes /' Do you cu~ently hold public office? Yes No If so, what is that o~ce? Home Phone: Zip Code: e-mail address: .No Do you now serve, or have you ever served, on · Collier County board or committe~? Yes lfyes, please List the committees/boards: No Please list your community, activities (civic clubs, neighborhood associations, etc. and positions held: Education: /¥/g:O/ O-~ffdd/-~ Please atmclt any additional Information you fed perffttt~t. Tkh applJctaion skouid be forworded to Sue Fihon. Exeot~ M~n~ger to the Board of Cmtnty Ctmtm~iontrx. 3301E~l Tamlami Tn~ Nap&x. FL 34112. If you wi~b. pltm'e fax your q'~pt~.,;on to C2~9) 774-3602 or t.mo~ to suefil~on(~colllerrm,.net Thank you for ~ttetring to sm. re the ~ of Coffuw Cmmty. Agenda Item No. 9C April 13th, 2004 Page 14 of 72 FROf'I : ¢:~ITONIR×TRDE$SE FAX NO. : ':)41 353 15131 Feb. 18 Application for Advisory Committees/Boards { "' ; Board of County Commission~r~'~30~ East.'l'.a. milt.n) W__r..a.!l..-~ .NapIcs, FL 34112 (23'0i 7.74-8097 Fax: (239) 7'~.&)602.. .. .. iNa,ne: Mlcl~ie'x-~tonia .I Z/i}"C0Oe: [-H--0~x~e'A~htre.~.~: 7620 ..Rookery Lane Naples, Iflorida ..... 34120 [. ~gr(~; C;n~ittee App~gd. for:.A~koW' mard tp_~9~3Jt¥.Animai ~ic~ '¢~amifle: Commi~ion Dis~lu, ~'el3~rt environmentalist. Ci~&t'! ~e you a regbter~ voter {n Collier County? - ldo you currently hold public o~ee? Yes ..... ;_ ..... ~To x office do you hold? . L_l.)_~o ~oT~':.n.'hw .s2~--~ir. ,,r have :you ever serve~! O,, Collier Coun~ .b9. ard or eommittc~? ~o ~;~t'Z¢~se ,i,, ~h~ b~,r~.dc~mmlt??: .Golden Gate Corm'reunify c~ter.Advbq~ ~... (~o~'~). .... . .. Please ~t your comm~iW acfivlt~ (ct~c c~u~ =ci~h~_~[~. ~.el aaa ~ti~s F{;u~der ~f Animal Compa.~sion Proj¢~.h.l~e~ a non-profit animal r~e r~ource and referral !' Volunteer for the Humane .goeiety of Collier C. 0.unt3'..a .n.d V. oh!n. teer Services for [ Volunteered for .Floridians. f'o'r ~i'umane I~am~ in getting orate legi.slation_~s.s.eO I I { Educati.o.[4: .B,b.'..D..egre~ in ,eco;aa~ edu'~,iion specialization Spanish ; M.Ed..'Degree reading K-12 ! additional credits beyond Master's Degree .... ~ Annually attend animal welfare conferences at the University of Florida ....... , .~poi;;orea by me school ~,f W~eiq~arY. Medicine ............... ] Ext~rience/Background: Ieaeher 'iff ~,~-a-%y.'lv.~nia eight years [ P;~..~ntly teacher for the Sc-h0~! DiMri-e! oi' L_H_ave actively participated in animal rescue and animal fights cat, es ali m~ life Agenda Item No. 9C April 13th, 2004 Page 15 of 72 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Application for Advisory Committees/Boards Name: Lb Home Address: Fax No. Business: ,.~ ~'L-,~'' _j~/~ C/~- Home Phone: Business rhone: o ~ ~ -~ 7~ ~ e~afl address:~e~a~ Board or Committee Applied for: ,/~txJtt~_,g~C. ,.~_~_/~g/r,_f__~ /2[blh.~g Category (if applicable): C tT"/Z~'e,J /~C-7" &t~qC~?~ ~ cay Example: Commission District, Developer, envir, onmen~li~t, lay per, on. etc. Are you a registered voter in Collier County: Yes '.~ No Do you currently hold public office? Yes No If so, what is that office? Do you now serve, or have you ever served, on a Collier County board or committee? Yes If yes, please list the committees/boards: Please list your e~,~?~nity activities <civic clubs, neighborhood associations, etc. and positions held: Please attach any additional information you feel pertinena This application shouM be forwartged to Suo Filson, Executive Manager to the Board of County Commisslontrs, 3301 East Tamiami Trail, Naples, FL 3411~ If you wish, please fax your application to ('259) 774-$~02 or e~nail to suelTl$on~d £oHiergov. neg Thank you for volunteering to ~erve tht ci~'~.en$ of Coll~r CounO/. Agenda Item No. 9C April 13th, 2004 Page 16 of 72 Board of County Commissioners 330! East Tamlami TrnH Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 ~'~ '~ Application for Advisory Committees/Boards Home Address: Fax No.~' 2~'~ Busings Phone: ~%~L~ ~3.,. e~an add.s: Board or Commi.ee Applied for:~U ~'~ Are you · r~i~tered voter in Collier Count: Ye~ ~ No ~o ~o. ~..~tl~ ~old p~li~ Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Pteaze attock any adtliti~nal information yon fed pertinent. ~Ttis ~p?ic~on ~htmld be for~anitnl ~ $~e Fil~on, Eztecntt~e Mtm~ger to O~ Boar~ of Coatnty Commi~ioner~. $$01 Ea~ Tamlaml ~'rn~l, Napl~ FL .~4112. lf yo~ ~, ~ f~.~ yo~r a~pi~r~'~n to (259) 774-$602 or ~mttil to sue[it.~on~,~lllert, o~. ne~. 7ffkank jnm for volantt~ing to ~ the citla~s oj'Collltr C~unty. Agenda Item No. 9C April 13th, 2004 Page 17 of 72 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602,,,: ,'~ii'' ;- Application for Advisory comnfitte:e'S'/l 6h'i'ds Home Address: '~'~--~-/ ~%~/~'Z ~ ~/ ~'~ / / Zip Code: Fax No. B~in~ Phone: ~maH addr~s: Board or Committee Applied for: ...-a~n /'/97 ~ / Category (i f applicable): Exampte: Corn miz~on District, Developer, envirou mentalist, lay per~on, etc. Are you a registered voter in Collier County: Yes Do you currently hold public office? Yes If so, what is that office? No No Do you now serve, or lmve you ever serve~ on a Collier Conn~ I~a~d or eommltt~e? Ye~ If yes, plense list the eommiltee~/bo~rds: No Please list your community activities (civic clubs, neighborhood associations, etc. and positions held~ ,..,~.c/,z.L~.~-,z/~-F,r2 ~. -_~/~d.~' C~ /L/YcS'~- C. /~77 ~/- -,.~.r:.'O~__ Experience: Please attach any oddlxlonal information you feet pertinenL Tl~i3 appllctulon should be forwarded to Sue l~tl~on, F. xccutlve Manage~ to the Board of County Commlz3ioner~, $$01 East Tam&mi Trm~ Naplo, FL $4112. If yoM wi(h, pit~e f4x yoar ~pldic~on to (941)774-36~2 or e-malltosuefdso.ta.~cotlit~..o,'.ne~ Tkankyouforv~lst~eeringtoser,ethe~Jr. tmofCotli~wCottntY. Agenda Item No. 9C April 13th, 2004 Page 18 of 72 Board of County Commissioners 3301 E~st Tami,,mi Tr~fl Naples, FL 34112 (239) 774-8097 Fax: (23~) 774-3602 Application for Advisory CommitteeS/Boards Fax N~~ ~' Buzin~ Phone: ~ . e=maU address: ~sm~ Co~n Db~ D~per. m~nmenm~ by ~, etc. Are you · r~ter~ vo~r ~ Co~er~oun~: Yes ~' No. Do you cu~nfly hold public o~ce? Y~ No lfs~ whit Is that o~ce~ Do you now ~ or bare you e~'~ed, on a ~oHler ~ou~ty board or commtflff? Yes No lfyes, plea~ Iht the commi~e~onrds: Please U~tyour community ~¥fi,itie, (civic club,, .eighborho~.d asl~i~oas, to rat B~ of CoM~ C~m~, &301 E~ T~bi T~ t%~[ ~ FL 3411Z Jf ~ "~ Fl~ f~ ~r ~n ro ~$9) ~4-3602 ~ ~ ~ s.efilso~llia~ov.n~ ~ ~ for ~nf~g ro ~ ~ ~ of ~ ~ Agenda Item No. 9C April 13th, 2004 Page 19 of 72 Oan 2~ 04 09:31p Sha.,n Butler, Es9. 239-593-?B90 ~omer ~ounty Home I BCC ] Application for Advisory Committees/Boards p.2 Page 1 of 2 Board of County Commissioners 3301 East Tamlami Trail Naples, FL 34112 (23~) 774-8097 Fax: (239) 774-3602 Application for Advisory Committee/Boards H°meAdd~S: ~q~ ~,d~0 BF. Zip Code: 3qlOg ~ard orCommiUee Appli~ for:~ ~n *~4 ~ ~Fil('~ Ca~go~ ~f appli~Me): Example: Commi~ion D~ict, Developer, envlronmentalis~ lay ~mon, Are you a re~ter~ voter in Collier Count: Yes ~ No Do you cu~ently hold public o~ce ? y~ No If so, wlmt is that o~ce ? Do you now serve, or have you ever served, on a Collier County board or Committee? If yes, please llsl the committees/boards: Yes __ No Please list your community activities (civic clubs, neighboorhood associations, etc.) and positions held: _Pirie. t~i. C, vtt 05£CZta'l-tL:tq V, ce Pr,,oder,L ~,,-, "; -, P&~e att~h ~ addit~al &formaffon you feel ~inent. This ap~&af~ ~h~M be founded to Sue Fi~ ~cut~ .~ag~ to t& B~rd of Cou~ Co~ioner~, 3~01 Emi Tami~l 7Ya~. h~pl~, FL 3411Z lf you wish. flk~e fa applicaffon to [940774-3602 ~ e-mall to suefi&o~coll&rgov, net. ~ank ~u f~ vdu~eering to st~e the ca~e~ of Collar ttp://www.colliergov.ncffbcc/advisory%20application.htm 1129/2 004 Agenda Item No. 9C April 13th, 2004 Page 20 of 72 /08/1995 ~'eb 02 28:18 800~509355 ~:~KEN ~ Il, lC PAG~ ~2 p.l Applic~tion for Advisory Committees/Boards now taM, er ksv. you e~er Agenda Item No. 9C April 13th, 2004 Page 21 of 72 81/88/1995 28:18 8886589355 BROKEN ~ IN(} P~E 81 Sue Filson, Executive M~n~_ger Board ofCouuty Corami~vioners 3301 Tamiami Trail East Naplc.x, FL 34112 I am typin~ out wha~ I ~otc in the "Experience" section, as I found t~c lines smaU and my hanctw~ sornt-what difficult to re~l. I have had animals as pets my entire life (dogs~ cats, guinea pig~, horses) and have WOrked at training horses & gentling them. I have also Ix-eh involved in the Naples Equestrian Challenge (hippo~y for adults & chilclx~n wilh disabilities) as a side- walk.r, k~ler, and board rnembo' (including volunteer coordinator and treasurer). Since January 200I I have been involved whh Shy Wolf 5anc~umT, Education & ~i~noe Center, Inc, in the ri:scuc and rehab ofexotic animals (wolves, WOlf-dogs, coyotes, prairie dogs, ft~mcc foxes, gray fox, crab-eating fox, sugar gliders, fo'rct~ cougars, leopard & jasuar/Icopard, and gopher tortoises). 1 have l:~en invotved in every aspect f~m application as a 501-C-3 & grant writing to instituting safety measures & c~-v~lopi~g our"Volunteer Training Program". At Collier County Sheriff's Office I havc worked in Communications as a D~ (4 years) which involved calling out DAS Officers. Now ns S~fety Officer I hav~ been involved in I~eventing injuries, a number of which include dog bit~. Sheriff Hunter is assigning an investigator to thc board for thc dcsil~ated hw enforcement position, but I feel that I have a unique baCkl~round that could benefit this advisor7 board Eom hoth thc ]aw enforcement and community perspectives. Thank you for considering my application for one of the "At-Large" positions on this CCSO Saf~y Officer ~ Wo~f Sanctuary, Secreta:7 Agenda Item No. 9C April 13th, 2004 Page 22 of 72 Feb 03 04 OB:3?p JOH~ Oilanni ~39-596-~73B p. 1 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8O97 Fax: (239) 774-3602 Application for Advisory Committee/Boards Ho ' ~ .... ~ ' ~one --~" "~9~ c-mai~ addr~:~O~ Busings: B~rd or Commi~ App ~ / No .No ~ Catagory tif na~licat, te): Example: Commission District. Developer, environmen~l~ lay pe~n, et~ A~ you a ~istcr~ voter in Collier Co~: Y~ ~ ~ Do you cu~ntly hold pnblic o~ce ? · Yes No [f So, whal ~ ~at o~ce ~ Do you now se~ or have you ever se~, on a Collar CounW ~a~ or Committee? If y~ pl~se I~t Ihe ~mmi~e~rd~ hat our community activities (civic ~:lubs~crc') and Ple~...e ' .Y... ~ ,~., ~=r~- _L,~ ~- ~ c~------Z- C> ' ' % ', Pletue otlach any addftlonal information you feel pertinent. Thi~ application should be forwarded to Sue Ii/son, ~xecuffve Manager to the Board of County Commissioners. ~301 Fast Tamiami Trail. Naple~. FL 34112. If you wi*l% please fax your application to {941)774-3602 or e~tnail lO sttc,fi/sonl~coHiergov, nel. Thank you for volunteering to serve the citizen~ o[ Collier CounO,. http://www.collicrgov.net/bcc/advisory~/~20application.htm 1/31 ~004 Agenda Item No. @C April ~ 3th, 2004 ~a~e 23 of 72 Board of County Commissioners 3301 E~t Tnmiaml Trail Napf~, FL 34112 (2~9) 774-8097 Fax: (2~9) 77~3fi0~ Application for Advisory Committees/Boards Fax No. Business Phone: t2usJncss: Board or Committee Applied Are you a registered voter In Collier CoUnty: Yes ~ No Do you currenlly hold public o~ce? Yes No ,, . ]fan. ~-hal is thai office? Do you now sL,~-e, or have you o'cr seo'rd, an a Collicr ~ouaty boa~ or If)'~, plc~a Iht the committt~buards:_ ~~ - No Plctlse li~t your com~munity, activities (dvic clubs, neighborhood association.~, etc..and positions held: Agenda Item No. 9C April 13th, 2004 Page 24 of 72 27/2884 01:41 G433743 ~ ANIMAL O_INIO~O- 77'7~ P~ 82 Application for Advisory CommttteesfBonrds ~t~o~ (i~ ~~); A~ yon a r~ vo~ in Co~ Co~: Y~ ~ No Do you eU~ Please li~ yonr eommun~T acfiv/t/e~ (civic ~iul~, nelgkbo~hood assozlatl~ err.. mid I~si~olts h~ld: Agenda Item No. 9C April 13th, 2004 Page 25 of 72 Board of County Commiss)oners 330t East Tamiami Trail .-. - ~"~ I Naples, FL 34112 ~_~,_]~~ (239) 774-8097 . Fax:: (239) 774-3602 -. .. , Application for Advisory Committees/Boards Ho me Address:-.~Z~_~ ~ / ~f_J/)f Fax No. ~L.~ Bu,qne~,~ Phone: ~l"~' ~ ~ Home Phone: Zip Code: e-mail address: Board or Committee Applied for: O~\/t'~D('l.4' ~'~C~t~ _~hr' ~~('. '~~ ~r~/_~ Category (if applicable): [_M~(4[ ('xg_ a_'~.ELm~, Example: Con]mis*ion District, Developer, envir~amcmall~ lay per~olz, e~ Are you a registered voter in Collier C~unty: Yes t~ No Do you currently hold public office? Yes lfso, what is that office? No Do you now serve, or have you ever served, on a Collier Count), board or committee? Yes If yes, please llst the committee~ooards: Please r_~t your cpthmuni..ty activifie.s (civi~; clu,bs, neighbgrhood assoc.~3ions,.ct~ an.d~positions bel)k / ' r~ . . .~ ~~ z ~ ~ ~~~~~ . , Educ ~o~ Experience: - ~, ~/ . ,~ ~ ~r-~ ~,~,A~, ~/~.,~/~ /~.~,. ~Jgj ~4-J602 or ~ to fue~o~dl~v.n~ Agenda Item No. 9C April 13th, 2004 Page 26 of 72 April ~13th, 2004 Page 27 of 72 Board of County Commissioners ..,:,, 3301 East Ta mia mi Trail ':'" :" :~ !~~[k=~.,~ Naples, FL 34112 .... ~[I (239) 774-8097 . .;': .... ,:,~s~. , ,_~,~_ am,-, Fax: (239) 77~3~2~ ..... ~ .~? Application for Advisory Committees/Boards Home Phone: Zip Code: 7 Fax No. ~- Business Phone: e-mail address: Are you a registered voter in Collier County: Yes ~/~' Do you currently hold public office? Yes. No If so, what is that office? No Do you now serve, or have you ever served, on a Collier CounOd board or committee? Yes If yes, please list the committees/boards:. No Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: 'tpre,,'Ae..t, Cre~??e ~ecorlc, ~^¢. Please attach any additional information you feel pertinena This application should be forwarded to Sue Filson, Extcuttve ,~e[ana~er to the Board of County Commissioners, 3301 East Tamiami Trai~ Naplts, FL 34112. If you wish, please fax your application to (2.39)774-3602 or e-mail to suefiiso~, colliergov, net Thanlt you for volunt~ering to serve the ciu'zens of Coilier County. Agenda Item No. 9C April 13th, 2004 Page 28 of 72 ;9417939189 Application for Advisory Committees/Boards Board of County Commis~ioners 3301 East Tamtami Trail ~apl~, ~ ~1~ ~9) ~0~7 C 'r Go.my Agenda Item No. 9C April 13th, 2004 ............ Page -29-of 7-2 ......... ~eb 13 04 lO:41a AMIMAL MAGMETISM 239-649-6159 · _ ':% ~ Application for Advisory Committees/Boards p.1 Board of County Commissioners 3301 East Tamlami Trail Naples, FL 34112 (139) 774-8097 Fax: (239) 774-3602 Home Zip Co~e: e-.,-,'~ni! address: Category (if applicable); Are you a r~g~erea voter in ColLier C~unty: Yes ~ .No Do you currently hold public off;ce? Hso. what is that olT~ce? No, ~ you now sex-~e, or lzave you ever sez~L, on a Collier Count~ I~xaxxl or committee? Yes Lfyes, please List the comm~ee~boards: PI_ease list your commu_l~ty activities (civic dubs, neighborhood as.socia~ons: ~ nnd positions held: ! r2~P)774-~602or~.n~aHto.x~.¢['d~'o~!co[l~rgn~ne~ ~kyoufor~ol~t~os~eg~msofCo~wr~sa~O~ Agenda Item No. 9C April 13th, 2004 Page 30 of 72 Boa rd of County Commissioners 330! Ea:I Ta,,~fia,d Trail ~aplcs. FL 31112 Applica!km fi~r Advisory Committees/Bo:~rds Name:_John B.Hall 1467 Home Phone: 774- Home Address:2998 Cypress Street NaplesFL -Zip Code:_34112-5814 Fax No. Business Phone:__774-14~7 e-mail ad dress :_Ink'ydiff&~A O L-corn Business: horseshoeing Board or Committee Applied for: Dorfiestic Animal Service Advisory Board Category (if applicable): Pet Related ExamlAe: Commission Dtsntri, De~eloper, ea~vtronmeutaltst, lay l~r~n, tie. Are you a registered voter in Collier County: Yes X. Do you currently hold public office? Yes No [faa, what is that office? No Do you now r, erx-e, or have you ever served, on a Collier Count)' board or committee? Yes Ify~ please list the committeea/baards: No X Please ilst )'our community activities (civic clubs, neighborhood associations, etc. and positions held: Education:_High School (grad.1955). Experience:__~lf-employcd - Retail Sales, Livestock, Pet supplies - 1964 - 1969 Serf-employed consumer Service, Horseshoeing 1969 to present (part time since 1980) ~Collier County employee 1980-1999 retired Agenda Item No. 9C April 13th, 2004 Page 31 of 72 FEB 18 '04 1~:52 FR I~IA SECURITIES 2~9 254 ?G92 TO ?74~G02 P.O1/l~2 Application for-Advisory Committees/Boards Board o! County Commissioners ,~.. NapIcs, FL3411Z ~,~, --~ n ,o .. (~9) 77~097 ~'~-* .a .~.. ~/., · Namc: Jcnnifcr L. Hawkc ' Home Address: 728 B~lvillc Bird .................................. i Z~*~ 34104 ........... Home Phone: 793-2.~0 ' B~ssPbone: ~ '. Fax: ~7692 e-mail address: Board or Commi~ Applied for: Animal Sc~c~ Ad,~no~ Board Cat~W (if appli~b~) ~-At-La~ - ; A~ y~ a ~ste~d voter in ColUer County? ' : y~'*~'~ ' Do_~ ~r~t3~'39.1~ public offi~? : Yes ~ : No ~ * ifm. wl,~ o~cc do you hold? Please list )'our community acth'itie~ Prior Den Leader for son's Wcbclos.Cu .b Scout pack Volnntccr with Tampa Ba~L.C~ rman Shepherd Rcscuc Educ. a..!j~n:__Hjgh School graduate, .~ome coll.cg~.~ att Edison Community Colle~ & internati£p..al...C_ 9.!i.cge Securities Licen.~ed: Scrie~ 7, Scrie~ 63, Serie~ 65 , Currently cnroIl~d in CFP claz~_throngh FSU Lcacoln~ Fo'r Life online program : E~.~/~erienc. e/Background: SEE ATTACHED Board of County Commi.~ionerzt, 330J ~.aSl ~amlami Tra~ ,~api~, FL $4112. If you wlxlt, pltc~t fax ytmr apph'cwtfan to (239)774-$~92 or e-' Agenda Item No. 9C April 13th, 2004 Page 32 of 72 FEB 18 '04 13:53 FR WACHOVIA SECL~ITIES 25~ 254 ?692 TO P. 02/02 Apphcation for Advisory Committees/Boards Applicant: Jennifer L Hawke Experience/Background: As a responsible pet-owner and occasional volunteer with Tampa Bay German Shepherd Rescue, I am familiar with the needs of animal shelters, citizens and rescue groups. As a busy working mother, I have efficient time-management skills. And as an associate with a local portfolio-management group, I have honed my analytic abilities- In addition, I have a good sense of humor and excellent people skills. I have experience sitting off Advisory Boards and working with committees- I was nominated by our Branch Manager to sit on our Regional Sales Assistant Advisory Council, and have been a member since its inception 2 years ago. t feel that I could contribute positively to the new Animal Services Advisory Board and be able to deal with the issues faced in a productive manner. Thank you for your consideration! Agenda Item No. 9C A i~r~ g~L~j_o~. ~ ** James Madison McGarity III Lieutenant Colonel, U.S. Army (Retired) 360 Bay Meadow~ Drive Naplc~, Horida 34113 (239) 775-1458 0mc~ari ~comc=~.net} February 4, 2004 Ms. Sue Filson, Executive Manager Collier County Commission 3301 Tamiami Trail, E., Building F Naples, FL 34112 Reference: Domestic Animal Services Advisory Board Appointment Recommendation Dear Ms. Filson: Tl'fis letter is provided to. you as a reference to Ms. Jennifer Hawke. I have known Ms. Hawke for over three years in a professional capacity as a Scouting volunteer. Ms. Hawke has served as a boy's Cub Scout den leader with Pack 325 and as an adult volunteer Boy Scout leader with Troop 325. She has never failed in any position or assignment and is unquestionably a woman of integrity and honor, whom I would trust to act in my community's best interests. I understand that Ms. Hawke is seeking appointment to a position with the Domestic Animal Services Advisory Board. I £m-nly believe that she will be a positive asset to any organization she chooses to join. Should you have any further questions to ask regarding Ms. Hawke, please do not hesitate to make an inquiry of me regarding her. Respectfully, " '. (I .-.,..____ L ,., Jmes-WI. McGarity m, Esq. Assistant Public Defender Agenda Item No. 9C April 13th, 2004 Page 34 of 72 Feb 03 04 05: lop Feb O~ 04 0~:49~ s4I-e57-3633 E3s-774-88~5 p.! Board of County Commissioners (~) 7~4~,~* *. ~ Application for Advisory Committees/Boards A~ you a ~ler~ voter in Collier yOU currently hold pubUc p.! PIease list your community activities (civic glub% neio_hborho0d a.~'_/n ars, e~e ,*ad p~i~ns Agenda Item No. 9C April 13th, 2004 Page 35 of 72 Agenda item No. 9C April 13th, 2004 Page 36 of 72 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Application for Advisory Committees/Boards Name: LIY~(~ ~O..~Y~ ~_~~-- HomePhone- ~~ ~~ Fax No.~-~ Busing, Phone: ~ - - e~aii addr. ss: Board orCommi.~App.~for: aa~ ~~~~~~ Are you a reg~tered voter ~ CoRier'Coun~: Yes ~ No Do you currently hold public office? Yes No ~ If so, what is that office? Do you now serve, or have you ever served, on a Collier County board or committee? Yes If yes, please list the committecs~oards: Please list.your colmmunity activities (civic dubs, neighborhood ~ss~ons, etc. and pasitior;: held: . A~enOa Item ~o. ~C April ~ 3th, 2004 Pa~e 37 of 72 Board of County Commissioners 3301 East Tamiaml Trail Naples, FL 34112 (239) 774.8097 Fax: (239) 774-3602 Application for Advisory Committees/Boards Name: Board or Commi~ee Appli~ for: C~tegou (if ~plicable): Are you a registered voter in Collier County: Yes ~>~' No Do you currently hold public office? Yes lfso, what is that office? No Do you now serve, or have you ever served, on a Collier County board or committee? Yez If yes, please list the committeesPooard~: No ~ Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: " /~4 ~f Please attach any additional ia~.armation you feelpertinenL Th& at~OlicaK~n thould be forwarded to Sue Filson. E. rec~ti~e Manager to the Board of County Comm~iotser5, 3301 ~t Ta~iami Trail, Natal~ ~'L 34112, If. Foss ~ pleaz~e fox your a.ngn~cadon to (239) 774-3602 tn, e~aiJ to s'oe~lso .n.~cOIlJtrgov. net 7'ktmk you for votuntetrlng to ~ the t~tt'~n~ of Caltex Count.. Agenda Item No. 9C April 13th, 2004 Page 38 of 72 01/29/2004 12:59 9417321208 BEPd~SHIRE 343 B34311 Plc.~c 5st your cmmn~t~ activities." e/vic clubs, -cigkborheod sss~cisilo~s, crc __/9 ~ t'F-,'~.r':/ , ~ ~--</F / ..... Boards PAGE 01101 ~ool ~ and~ositlons he_ld:. ~..~, Agenda Item No. 9C April 13th, 2004 Page 39 of 72 Irt County Board of C~ ~i_'~ioaers 3301 .]~a~tT~ Trail 7774-~97 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-g097 Fax: (239) 774-3602 Application for Advisory Committees/Boards Name: ~-~:'~ -'- ._-- ,-. ' : ; Home Phone: Fax No. Business Phone: Business: e-mail address:_ Board or Committee Applied for: Category (if applicable): ~-L-X~-~7-' ' -. ,~.~. Example: Commission District, Developer, environmentalist, lay. persoa~ Are you a registered voter in Collier Cbunty: Yes No Do you currently hold public office? Yes If sO. what is that office? Do you now serve, or have you ever ~erved, on a Collier Count- board or committee? Yes If yea, please list the committeea/boards: Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Education: Experience: Please attach an): additional information yo~ feel pertir~ent This application '~ho~ld befornnzrded t~ Sue Filson, l~cecuti~e Manager to tile Board of Cottnty Comrn~a~n~r~, $~01 E~ Tttmlami Tnd~ N~dex, FL .;4112. lf you wlxh, plea~e fax your al~lica~on to ('239) 774 -3602 or ~nat~ to su__ClciL~on~d~dllcrgov, net Thank you for ~olunte~rlng t~ st~v~ the cltiz~ of CoiTu~ Cotanty. Agenda Item No. 9C April 13th, 2004 Page 40 of 72 Application for Advisory Committee / Boards Name: Raymond W. O'Keefe Home Phone: 941-593-0857 Home Address: 760 Bentwater Circle Unit 201 Zip Code: 34108 E-mail address: rokeef, e7(~_,comcast, net Business: N/A - Retired Military Board or Committee Applied for: Animal Services Advisory Board Category: lay person Registered Voter: Yes (year round resident) Currently Holding Public Office: No Previous Service on a Board or Committee: No Commtmity Activities: Collier County -Board member and President, Breakwater Condominium Association- Member, Pelican Bay foundation board member selection committee. Escambia County - President, Seashore Village Homeowners Association (Pensacola Beach); President, Pensacola Beach Residems and Leaseholders Association; Chairman, Pensacola Beach Incorporation Committee; Executive Director, Pensacola/Escambia Clean Commnnity Commission and member, National Memorial to Missing Children Monumem committee. Education: BS University of Maine (education), MS University of Southern California (educational administration), graduate, Army Command and General Staff College, graduate, Industrial College of the Armed Forces-- National Defense University. Experience: General - during my 26 years of service in the Army I served and headed more committees and study groups than I can remember. That experience has paid dividends on every committee or board I have served on since I initially retired to Pensacola Beach in1995. I have served my country, my neighborhoods, and am now ready to serve my current community. Specific - I strongly support the humane treatment of animals. Their treatment should be above politics. I am the owner of a dog (pound mutt) and a stray cat. I believe that if appointed to this advisory board I can help to make a difference in the actual or perceived care given our stray animals. /S/ Raymond W. O'Keefe Agenda Item No. 9C April 13th, 2004 Page 41 of 72 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774~8097 Fax: (239) 774-3602 Application for Advisory Committees/Boards Fax No. ~ Business Phone: - Business: ~ Board or Committee Applied for: ~/~.~ ~ . Category. (if applicable).'___~ ~ ~ ET~ Example: Commission DisWict, Developer, envir~en~Ust, lay person, etc. Are you a registered voter in Collier County.: Yes Do you currently hold public office? Yes No If so, what is that office? e-mail address:__~/~ br :iOOf. [' ~) hdT-/Y/tq I, /' Do you now serve, or have you ever served, on a Collier County board or committee? Yes Il' yes, please list the committees/boa rds: Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Please attach any' additional information you feel pertinent This applicaxion should be forwarded to Sue Filson, Executive Mana£er to the Board of County Commissioners, 3301 East Tamiami Trai~ Naples, FL 3411Z If you wish, please fax>~ur application to (239) 774-3602 or e-mail to fyet~lsot~'awollierqov, net Thank you for volunteering to serve the citizens of Collier County. Agenda Item No. 9C April 13th, 2004 Page 42 of 72 Blank Page 1 of I filson_s To: judypoli@hotmail.com Subject: Animal Services Advisory Committee Judi, I am in receipt of your application for the above-referenced committee. I noticed on your application that you indicated you are NOT registered to vote in Collier County. I wanted to let you know that that is one of the requirements of becoming a commitee member, tf you want to be considered for appointment please register to vote and call me wibh your registration number pdor to the deadline of February 20th. Thank you for your interest. 2/5/2004 Agenda Item No. 9C April 13th, 2004 Page 43 of 72 Page 1 of 1 filson s From: MartinsonKathleen Sent: Friday, February 06, 2004 9:21 AM To: filson_s Subject: IRMA: Polizzoffi, Judy called. Telephoned To: SueFilson@colliergov. net Date: 02/06/2004 Time: og:2IAM You received a Telephone Call From: PoliT:7otti, Judy Of: Unknown Phone: 389--9563 Telephoned Message: Unfortunately she is not able to be a registered voter in Collier County. 2/6/20O4 Agenda Item No. 9C April 13th, 2004 Page 44 of 72 L PULTE i7246251007 P.01 Application for Advisory Commtttee~/Board~ Agenda Item No. 9C April 13th, 2004 Page 45 of 72 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Application for Advisory Committees/Boards nome Address: ~o~..~ Lt~~t~/~CJ~ Fax No. Business Phone: Business: ~--~"7"//~ Board or Committee Applied for:. ~O~"l.~ot~ Cat~o~ (if~plicable)L ~P ~O~ Example: Comm~ion D~ D~e~per, en~ron~U~ Are you a reg~tered voter in Coiner Do you cu~enfly hold public office? If so, what ~ that office? Do you now serve, or have you ever served, on a Collier County board or committee? Yes If yes, please list the committees/boards: Please~,list your c.~ommunity activities (civic clubs, neighboxhood associations, etc. and positions held: //~-~'T' ~?~-<:,'O&~;tT-' ,~/,~,~.~(-~'o o o jKt'c&,O.~ -tt~oo~- ~_.:)~.)~,/~___~.q.~ Education: Please attach any additional info?malton youfeelpertlntn~' This aplYlica~on .Otould beforn, arded to Sue Filson, Executive Manager to eke Board of County Comm.'loner, 3301 East Tamiaml Trai~ Naple~ FL 3411Z If you wish, plem~, fax your appllcmfon to (239) 774-3602 or z. enall to ~'u efiL'~on~a~.ltier~ov, ne~ Thank you for volunteering to ~ the ~ of Cotli~ CouriOr. Agenda Item No. 9C April 13th, 2004 Page 46 of 72 Application for Advisory Board Member by Benjamin Rae Experience: Thirty two years Mechanical Design Engineer with Lockheed Martin Satellite Division Sunnyvale, CA. Membership in and worked with the following animal welfare groups: Arizona Animal League, Phoenix, AZ. Animal Defense League of Arizona, Tucson,AZ. ASPCA Ambulance Animal-Rescue, Phoenix, AZ. (Pick up injured animals and transport them to emergency vet clinics.) Humane Society, Ruidoso, NM. Volunteer Services for Animals, Naples. Volunteer at Domestic Animal Services of Collier County for over three years. Agenda Item No. 9C April 13th, 2004 Page 47 of 72 JA~-29-1'004-THU Oi '©V FM ?. 002 Board of County. Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774~8097 Fax: (239) 774-3602 Application for Advisory Committees/Boards FaxNo,~,~- a~O Busacss Phone: $~/~ c-m~ Board or Com~Uee Appned for:~~q [ ~ ~mpl~ Commission Dlst~cg Developer, enviro~n~tli~k lay~erson, etc_ .ire yon a registered voter in Collier County: Yes ~ Do you currently hold public office? Yes No If ~o, what IS that of floc? No Do you now serve, or have you ever served, on a ColLier County board or committee? Yes, If yes, please list the commii~ees/boarcls: _No Please list your commu~0ity activities (civic clubs, neighborhood associafions~ etc. and positions held: tO tht }~oa~ of County Comm~oncrs~ $30J ~ Ta~nlami Tra~ Ntrple$, 2~1& $42JZ Ijr you wish, please fax your ag~l~c~tlon to f-2~9} 77t-3602 or ~rna~l to $~4~o~tl~glli~r?~n~z Thar~J~ you for ~f~r~g to $~ tht ~ of ~ Coun~ Agenda Item No. 9C April 13th, 2004 Page 48 Of 72 OUT OF TOWN' TRAVEL FEB-- 1 2--04 05 : I 7 PM ~ET ~Counly Commissioners 3301 East Tamiami '[rail ..Naples, ~'L 34112 ~: (230) 774-8097 ~ Fax: (239) 77&3602 2~959~0680 P.O1 Application for Advisory Committees/Boards Eaamplc; (-O~nmlxqlonDb~cl,llev¢~ptr, cn 'r nm~ '. , )'P , - . Are you a registered voler In Cs)llier Counly: Yes. ~ No.. Do you currently huld public office? Yes_. No ~ ~ Pleas~c list your cumcunlty adivltic~ (civic clubs, neighborhuod associati.ns, c~c. and positions held: Experience:_ O ICJ 774d602 or ~a~ to ~fl&u~c '~ Agenda Item No. 9C April 13th, 2004 Page 49 of 72 Fax~ (~t) Application for Advisory Committees/Boards you ~ow serw, or P~ea~Je iizt your tommursi~3, activit~c~ (c/vic clt&bs, Mighb~rhood assochsflon~, e(c, and lmld: Agenda Item No. 9C April 13th, 2004 Page 50 of 72 JERALD M. SPIVAK, 7734 MULBERRY LANE NAPLES, FLORDA 341 14 239-793-1430 email- joynjerry27Oaot.com February 2, 2004 Board of County Commissioners 3301 East Tamiami Trial Naples, FL. 34112 ATT: Sue Filson Dear Commissionem: I am submitting an application to join the Domestic Services Advisory Board as a Citizen at Large. I have the following degrees,:' University of Pennsylvania, BS Columbia University School of Public Health, MS The Chicago Medical School, MD I was a pediatrician in New Jersey and New York for 36 years. Three years ago, my wife Joy and I became year round residems in Naples. While in New Jersey, I volunteered as a "Friend of the Pound." In this capacity I worked to insure that the animals were appropriately cared for with the goal of adoption. During this time, my wife and I built a horse facility on our property. Over the next eight years, we cared for a number of horses, dogs and cats. This required us to maintain and keep a barn and paddocks in good repair. We were proud of our reputation for not only keeping the animals healthy, but also happy in a clean, safe environmem. When we moved to Naples, I volunteered to work with injured wildlife at The Conservancy. Two years ago, I was promoted to Volunteer Coordinator and was honored as "Volunteer of the Month" in July 2002. Since I began working there, I put in over 1000 hours of my time. Currently, I am among the top twenty people out of 700 with the most volunteer hours. I am also among a select group of trained volunteers within The Conservancy who are called upon to capture and transport injured wildlife to our clinic. In addition, I joined and became a voting member on the Connection Board for The Conservancy. This board is primarily devoted to fund raising, education and planning for future development. Since I am committed to helping all animals, I try to be innovative whenever the challenge arises. Two years ago, I designed and built a device to help paralyzed tortoises move around. This proved to be successful. Over the past two years, I have been a judge at the Science Fairs at both the Canterbury School in Fort Myers, and for the local schools in Naples. Agenda Item No. 9C April 13th, 2004 Page 51 of 72 Last year, I was elected Vice-President of the Jewish Congregation of Marco Island. I assist with fundraising at my Temple and am on the committee to visit hospitalized members of the congregation. My interest in'gardening led to my becoming a member of the Naples Orchid Society and the Hibiscus Society. My wife and I also belong to the Naples Council on World Affairs. Thank you for your consideration. Jerald M. Spivak, MD 2 Agenda Item No. 9C April 13th, 2004 Page 52 of 72 Untitled Document Page 1 of 1 volunteer information Congratulations to Jerry Spivak July 2002 Volunteer of the Month Jerry Spivak volunteers at The Con~ervancy's Wildlife Rehabilitation Center. He has donated more than 250 hours since October 2000. Jerry designed a "turtle-mobile" for injured turtles. It is a 2" platform with four wheels and two straps to hold the turtle secure. This helps them exercise and regain strength when they are unable to support their weight due to injury. He is a retired a pediatrician and practiced in the New York/New Jersey area for 36 years. We are blessed that he now uses his medical expertise on injured native animals. Congratulations and thank you to Dr. Jerry Spivak, The Conservancy's July 2002 Volunteer of the Month. Previous Volunteers of the Month · ~ 2002 · A~pri12002 · March 2002 · February 2002 · January 2002 · December 2001 November 2001 October 2001 http://www.conservancy.org/volunteer of the_month.htm Agenda Item N(7~002 April 13th, 2004 Page 53 of 72 Board of County Commissioners 330l East Tamiami Trail ~.~_~. t~k._~_ ~ Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Application for Advisory Committees/Boards Home Phone: Zip Code: ~f'~ e-mail address: Board or Commi"ee Apoli~ for: ~ Catego~ (if applicable); E~mpl~ Commi~ion D~c~ D~per~ ea~ronmeam~ ~y ~a, ~c. / Are you a reg~tered voter in Collier Count: Y~ .... ~ No Do you currently hold public o~ce? Yes No lfso, what ls tha~ o~ce? Do you now serve, or have you ever served, on a Collier County board or committee? Yes If yes, please list the committees/boards: / Please list your community aotiviti~ (civic clubs, neighborhood associations, etc. and p, ositions held: Please attach an? additional information you fedpertinent This application shmdd be forwarded to $~e Filson, Executive Manager to the Board of County Commi~s}oners, 3301 East Tamlaml Trail, Naples, FL 34112~ If yoss n4s&, please fax yo~r at~llcmlon to (239) 77g-3602 or o~nsall to .~. .tt, fil.~on~xolliergov, ne~ Tkank you for v~ntetrlng to ~ t&~ clti~ss~ of Colller Cown~. Agenda Item No. 9C April 13th, 2004 Page 54 of 72 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Application for Advisory Committees/Boards ~ you · r~ ~e~r ~ Ce~er ~: Yes ~ ~o Do ~oa ~ hold pubic office? Y~. No X , ~ w~ ~ that o~ce?_ Do ~u now ~ or ~ you e~ ~ ~ a Co~ Co~ ~ ~ ~m~R~? Yes Please list your community activities (civic clubs, neighborhood associattona, etc. and poaitlons held: Experience: P/e~e .-~& troy .~h~n~/Mfotn~gon y~a fee/p~atn~at. This ~ s/io~//~e the Board of Cmmty Comm~ion~ 3301 E~ T~"¢~"t ~ N~lts, FL 34112. (239) 774-3602 or t~n~l to s~efil, ion~.. ;c~ll~rgo~.ne~ Tk~nk .In~ f~n' volmtfetrlng to str~ Agenda Item No. 9C April 13th, 2004 Page 55 of 72 COMMUNITY ACTIVH'IES: Naples Village Walk Homeowners association: Tennis Committee - Chairman 4 years. Safety and Security Committee - 1 year. Board of Directors - Director - present time. Community Emerg~mcy Response T~am (CERT), Panther Teton. Captain - 2 years Member - presem time EDUCATION: University of Massachusetts BS m Zoology 1956. University of Pennsylvania School of Veterinary Medicine 1960. EXPERIENCE: Retired veterinarian - Owned and operated the Sudbury Animal Hospital, Sudbury, Massachusettes For 27 years. Harvard Medical School Surgical Research Area - Veterinary. Supervisor 5 years. Animal Inspeclor, Town of Sudbu~, Ma~husettes 4 years. Appointed by the Governor to the Board of Registration in Veterinary Medicine for thc Commonwealth of Ma$__mchusettes - 91/2 years - Secretary and Chairmar~ Appointed to the position of the Commissioner of Labomto~ Animals for the City of Cambridge Massachusetles. The first position of its kind ia the country. During my tenm-e as the Commissioner of Laboratory Animals I gained emensive experience involving animal health, care and welfare. I met with and held many discussions with Animal Welfare and Animal Rights organi7atiom as well as those individuals and groups responsible for animal care and management. I dealt with a wide variety of species of animals, but primarily with primates, dogs, cats, rabbits, rats and ( see attached ) Agenda Item No. 9C April 13th, 2004 Page 56 of 72 Rent control dominates city politics Page 1 of 3 Rent control dominates city politics (~ByName:By Linda D'Angelo Proposition 1-2-3, a referendum which would have allowed tenants to buy their rent-controlled apartments, was defeated by an approximate 2-1 margin, and the city council gained a 6-3 majority in support of rent control after the November elections. Over the summer, the council set a nationwide precedent when it approved an ordinance regulating animal experimentation in all universities and private institutions in Cambridge. Had it passed, Proposition 1-2-3 would have allowed "any tenant who has occupied a rent-controlled umt for at least two years ... to buy it ... if the tenant and landlord both agree." This would have modified a 1979 city ordinance prohibiting tenants from buying their rent-controlled apat-tt-x-~ents without a city removal permit. Supporters of 1-2-3 contended that the referendum would increase the stock of tow- and moderate- income housing available for ownership and pointed to a provision in the referendum which would have established a fired to provide money for MYordable housing. Opponents, however, argued that the referendum would have reduced the struck of rent-controlled housing by promoting the conversion of such units into condominiums. ordinance approved The animal research ordinance, approved by the council on June 26, set a national precedent and represented "the first time that any legislature decided that animal research needs greater regulation," said Ken Russell, assistant director of the Cambridge Committee for Responsible Research. The unanimous approval of the ordinance ended a two year process that began in May 1987 when the city council banned certain animal research procedures commonly practiced in the city's 13 research institutions. The Draize test, used mainly in the testing of cosmetics, was banned, as was the LD50, in which groups of animals are poisoned without anesthesia until half of them die. This move, "the first time any research procedure had been banned because it was considered cruel and unnecessary," led the CCRR to sponsor the initial ordinance, Russell said. But fearing the promises of MIT and other research institution officials to actively fight the proposal, the activists aborted a move to put it to a referendum on the city ballots. These events, coupled with a "tremendous outpouring from Cambridge citizens and students," led Mayor Alfred Vellucci to appoint a Blue Ribbon Committee on Laboratory Animals (BRC). John M. Moses, the chair of MIT's animal care committee, served on the BRC with Animal Legal Defense Fund president Steven Wise and veterinarian Stuart Wiles, who was appointed to the panel as an agreed-upon neutral arbiter. The recommendations of the BRC formed the basis for the legislation, which required the appointment of a commissioner of laboratory animals to "oversee the care and use of animals" by http://www-tech.mit.edu/V 109/N62/rent. 00n.html Agenda Item NtJ~O[2004 April 13th, 2004 Page 57 of 72 Rent control dominates city politics Page 2 of 3 performing unannounced inspections. The ordinance further specified that the CI~ should "possess an understanding of animal welfare, physiology and psychology," yet not be "aligned with an anti-vivisection or research institution." Under the ordinance, all universities and private institutions in Cambridge are required to register with the CI~ and provide him with information such as the "number and species of animals used" and the "result of all federal and state inspections concerning animal care and use in the previous year." As the "representative of the public," the CLA would also "bring information back to the public," according to Russell. This reporting feature would "provide assurance to the city that the requirements were being adhered to" as wall as provide a vehicle for any questions raised by the public, according to a statement by MIT spokesman Ronald P. Suduiko last July. Lastly, the ordinance made ali institutions in Cambridge subject to federal and state regulations. Previously, privately funded institutions which did not use cats, dogs or primates in their research were excluded from these regulations. While the ordinance heightened public awareness of the issue, it will not result in any major changes in the regulation of MIT laboratories, Suduiko said. In the past, animal research at MIT has been monitored by an animal care and use committee, which conducts a monthly review of animal research proposals and facilities. And since it is federally funded, MIT has always been subject to annual federal and state inspections, Suduiko said. New council elected, Wolf chosen as mayor Of the nine members elected to the city council, Alice Wolf, Francis H. Duehay, Walter J. Sullivan, William Walsh and Shells Russell were incumbents. The remaining members, in order of number of votes received, were Ed Cyr, Ken Reeves, Jonathan Myers, and Timothy Toomey. The newly elected city council contained a 6-3 majority in favor of rent control CWalsh, Russell and Sullivan are the three members who have been critical of the current rent control policy~ In recent years, the policy had survived by a 5-4 vote. The election marked a decisive victory for the Cambridge Civic Association, a liberal pro-rent control group which secured its first city council majority since 1972. CCA actively opposed Proposition 1-2-3 and endorsed six of the elected councilors. According to pundits, strongCCA support was a result of the many "tenant" voters who came to the polls expressly to vote against the referendum and, while there, voted for the can~Oidates who supported rent control. The election of Reeves, the only black representative on the new council, allayed concerns about the lack of minority representation on the council. Saundra Graham, who served as the only minority representative on the council for 18 years, did not seek reelection. Reeves, a Harvard College graduate and lawyer who ran xtnsucceSsfuHy in the 1985 council election, was the only minority representative to win a seat.~e had been considered the !~ront- runner because of his support from Harvard students, blacks in the church community, tenants and white liberals. http:/Avww-tech.mit, edu/V 109/N62/rent.00n.html Agenda Item Nt:/30~)04 April 13th, 2004 Page 58 of 72 Rent control dominates city politics Page 3 of 3 On Jan. 1, Alice Wolf was elected mayor of Cambridge by a 6-3 vote of the city council. A 19-year veteran of Cambridge politics, Wolf served four terms on the school board, with one as chairperson and another as vice chairperson. She was also vice mayor under former Mayor Alfred Vellucci. Wolf is the 25th mayor and second woman to be chosen under the city's Plan E charter. Under the charter, the city council chooses a mayor from its members to serve in a largely ceremonial capacity, while a hired city administrator wields most of the power. The mayor's job includes assigning committee posts and chairing city council meetings. Rent control, a "very important issue," will be Wolf's main focus. She promised to "keep it a strong system," hoped the city would "not have a decrease in affordable housing," and called attention to the opening of three affordable housing units in Cambridge. Wolf also urged MIT to look into the issue of low-cost housing itsdf, calling it "an ongoing problem that MIT has to relate to." Noting that "MIT has land to put housing on," Wolf said she would not oppose the construction of new housing if it would not interfere with other Cambridge residents. Copyright 1990 by The Tech. Ail rights reserved. This story was originally published on Tuesday, February 6, 1990. Volu_me 110, Year in Review The story was printed on page 6. This artlde may be freely distributed electronically, provided it is distributed in its entirety and includes this notice, but may not be reprinted without the express written permission of The Tech. Write to archive~the-tech, mit. edu for additional details. Other stori_es in this is.su__~e http://www-tech.mit.edu/V 109/N62/rent. OOn.html Agenda Item NCB(91ZD04 April 13th, 2004 Page 59 of 72 Lab Animal Ordinance Page I of 3 Chapter 6.12 CARE AND USE OF LABORATORY ANIMALS Section 6.12.020 Commissioner of Laboratory Animals. Section 6.12.030 Registration and regislxafion fee. Section 6.12.040 Guidelines for the care and use of animals. Section 6.12.050 Animal care and use committees. Section 6.12.060 Reports and information. Section 6.12.070 Reports of violations. Section 6.12.080 Inspections and investigations. Section 6.12.090 Violation-Penalty. Section 6.12.020 Commissioner of Laboratory Animals. A. The City Manager shall appoint a Commissioner of Laboratory Animals (CLA) for the purpose of overseeing the care and use of laboratory animals m the City. The Commissioner shall neither be aligned with an antivivisection nor a biomedical research organization or movement. The CLA's qualifications should include an understanding of animal welfare, health, physiology, psychology and pathology, as well as the philosophy and goals of the animal welt'are movement and scientific endeavor. B. 'Uae CLA shall use the February 24, 1989 "Joint Report of thc Mayor's Blue Ribbon Committee on the Care and Use of Laboratory Animals in Cambridge" as a guide to his or her oversight of the care and use of laboratory animals in Cambridge. (Ord. 1086 (part), 1989: prior code § 11-31) Section 6.12.030 Registration and registration fee. Each research institution shall register with the CLA. (Ord. 1086 (part), 1989: prior code § 11-32) Section 6.12.040 Guidelines for the care and use of animals. All experiments on ali ammals within the City shall be undertaken in conformity with all federal, state and local statutes, ordinances and regulations concerning the welfare of ammals including the 'Guide for the Care and Use of Animals' of the National Institutes of Health, the "Animal Welfare Act' (7 U.S.C. sections 2131, et seq.), the Health Research Extension Act of i 985, the 'Public Health Service Policy on Humane Care and Use of Laboratory Animals," G.L.c. 140, s. 174D, and 105 CMR 910.000 ct seq., all as mended or revised from time to time. (Ord. 1086 (pm), ! 989: Prior code § 11-33) Section 6.12.050 Animal care and use committees_ A. Each institution that performs research, experiments or biotechnical procedures using animals shall maintain or establish an autonomous animal care and use committee with the power to disapprove or restrict research, experiments or biotechnical procedures regarding the care and use of laborato~ animals in accordance with the standards set forth in Section 6.12.040. Each animal care and use committee shall have a member who is not and has not been affiliated with the institution. http://www, cambridgepublichealth.org/perm_licenseAa_ordinance.html Agenda Item Nbr,39~004 April 13th, 2004 Page 60 of 72 Lab Animal Ordinance Page 2 of 3 B. An individual not affihated with the institution in any way and who is neither aligned with an antivivisection nor a biomedical reseamh or other biotechnicml organization or movement shall be appointed to the animal care and use committee. The nonaffiliated person should be knowledgeable about animal welfare philosophy and about the purlmse of scientific research. The appoinlment of the nonaffiliated member shall be made by the chief executive of the institution for a term of one year subject to renewal at the expiration of the term. Appointment and renewal shall be binding only on approval of the Commissioner of Laboratory Animals. (Ord. 1086 (part), 1989: prior code § I 1-34) Section 6.12.060 Reports and information Each animal care and use committee of e~eh research institution shall provide the following information for review by the CLA at the time of his annual visit: A. The nmber and species of animals uscd in the previous year, B. The results of all federal' and state inspections concermng animal care and use in the previous year, C. 'Fhe name and occupation of the nonaffiliated members of the animal care and use committee; D. The dates of meeting,s of the animal c~re and use committee held in the previous year, E. The number of experiments or protocols for procedures reviewed by the animal care and use committee in the previous year. (Ord. 1086 (part), 1989: prior code § 11-35) Section 6.12.070 Reports of violations. The CLA shall report any violation of the standards prescribed in Section 6.12.040 to the chief executive officer of the research institution. (Ord. 1086 (part), 1989: prior code § 1 !-36) Section 6.12.080 Inspections and investigations. The CLA shall make at least one annual visit to each research institution to inspect animal and research facilities and hold at least one annual meeting with the chairperson and with the nonaffiliated mmber of the animal care and use committee to discuss its worlc The CLA may inspect any animal care and use committee reports and docments on his armual visit. The CLA shall make unannounced vimts to inspect ammal and research facilities as needed. Meetings and inspections should be made to ensure that the standards set forth in Section 6.12.040 axe being followed. The CLA shall report to thc City Manager from time to time and may make recommendations to him regarding the care and use of laboratory animals within the City. (Ord. 1086 (part), 1989: prior code § !1-37) Section 6.12.090 Violation-Penalty. Any research institution that violates this chapter shall, after hearing by the http ://www.camb ridgepublichealth, org/perm_license/la_ordinance.htrnl Agenda Item NIY73. §/¢004 April 13th, 2004 Page 61 of 72 Lab Animal Ordinance Page 3 of 3 Commissioner, be punished by a frae of three hundred dollars per violation per day Each day of violation shall constitute a separate offense. (Ord. 1086 (part). 1989: prior code § 11-38) http://www.cambridgepublichealth.org/perm_licenseJla_ordinance.html Agenda Item N~'.3~(~004 April 13th, 2004 Page 62 of 72 Mawr27, 199:1 Vol. 35, No. 20 from Terminator ll and Naled C.,~ 2~/~ to the BRYAN BRO A Of wife Rachel Ward: ~ was sonmthlng in her eyes that was bloody interesting~'8 1 Says a Kennedy their sisters and wives to put up with everyt~ug as long as the fame and glory 58 ~akl ~lets it all hang out in - Cannes, Limh Fmm~ stands by S~ P~ · 30 ~d ~~ ~t n' ~p~n' in ~r p~iew ~ ~vi~, ~, ~ ~un& ~d ~P FRONT ~ ' ~ ~ton, ~0'~ puts him~lfin ~'s way to ~ue ~ chil~ ~ht in a ' ~t ~0 ' h~mLl'rm~givesl~s~bM~usarin~ but plans to sue lure for talking about their marriage SONG * 4~ Pm ~nr~ daughter of country star Md ~ reclaims her m~sieal heritage with a hit COPING - 45 Self-help adviser Md~ ~ struggles to come to grips with her young son's death crenle a hvdy ¢mvinmmcmtal magazine for kids Upf~er dght ~ by Jet.than Exle~mma-Llarsofl Agenda Item No. 9C April 13th, 2004 Page 63 of 72 Mass., creates a comm/~ioncr of lab nnimals to ew~re hunmne TRUMP UPDATE ~ Do~ald gives Maria a ~ng and Ivana a warning. 4O COVER - -5; For the iumaedy women--Jadtie, ~t ~ ~ ~ a ~ ~ ~fly ~ide ON T~ JOB - 7I i~ t~ ~'s ~v~ ~io~ h~ ~~ ~y~ ~ ~e. Now he's ~m~ ~ ~ ~ ~ for ~i~t Cont/oental tieket agent Terri FiseheUe faces down the ~idine that fired her for not wearing makcup~and gets her job back Keeping the flash to films like FX2 and Su~et Ta/ker, Aussie star ~ ~r~m find~ cahn with wife ~ Ward and their daughter~ ON Trig MOYE · g6 Under tim for his extravagant way~, mq~- pr~ducer~ P~-s bails out of Columbia Pictures MAIL- 6 PICK~ & PANS T~~.~ ROYAL WATEH ............... ....,_~enda Item No. 9C April 13th, 2004 Page 64 of 72 ~$AVE THE GERBILS Veterinarian Stuart Wiles ensures humane care for laboratory animals Agenda Item No. 9C April 13th, 2004 Page 65 of 72 PAUL FEUER February 12, 2004 Ms. Sue Filson Board of County Commissioners 3301 East Tarmami Naples, FL 341 t2 Dear Ms. Filson, It has come to my attenuon that thc Col~lier Count3, Commissioners have approved the establishment of a much needed Domestic Animal Services Advisory Board. Upon my reading in the NDN of the proposed members[up of this Board, one person mUnediately came to mind as an outstanding candidate who would add credibility and professionalism to fids Board. I called the individual and was,dbkighted when he adxdsed me that he had already applied to serve as the Advisory Boar& Citizen at Large. Without question, Dr. Stuart Wiles would be an exceptional selection for this new board. Please permit me to explain. I have served as 'President of the Board of D~rcctors for thc Village '~-atk I tome Owners Association (850 homes) since wc took over from the developer in October 1998. During this time period and even earlier, I have been fortunate to M~ow Sm personally as a friend and professionally as a Committee and Board member. In short, Sm has been a terrific and valuable asset to our community. Ihs list of contributions to help the Board and his neighbors is endless. These are but a few of Stu's contributions to Village Walk: Sm helped establish and served as chairman for our Tennis Committee. It was /brough Stu's vision, leadership and his ability to work v'qth others that Village \Valk bas one of the most respected and aggressive tennis programs in our county. Sm served as an important and actrVe member to thc Security and Safety Committee_ Many of his recommendations have been successflflly Unplemented which have resulted in promoting a greater awareness by one homeowners towards the safety, health and welfare of OUI' C O ITIITIHI'll ry. Stu helped establish and for the past two years has captained our Community Emergency Response Te,'un (CER~I). Through Stu's continuing efforts Village Walk has one of the single largest trained CERT teams in Collier County. We also can thank Sm for helping us purchase an on-site defibrillator and training a host of residents on its use. Stu presendy serves on our Board of Directors. Itc ~s the Board liaison to the Architectural Control and the Advanced planning Comrmttee's and Will shortly be liaison to our neighborhood Voting Council. I-le is a take d~arge manager as well as a team player. He is xvilling to tell thc community xvhat they need to hear rather then what they may want to hear. Agenda Item No. 9C April 13th, 2004 Page 66 of 72 2 February 12, 2004 If you questioned our Board or any of our homeowners about Stu's most trnportant characteristics they would refer to his integrity, trustworthiness, dedication, cornnmtment and loyalty to our community. I would add that we are fortunate that Sm cares as much about people as he does for animals. In regard to the latter, Stu's professional background, education and experience speaks for itself, ihs you will note Sm is a highly recognized, respected and accomplished Veterinarian and a leader in his field. Collier County, will be well served by having Mr. Smart Wiles as part of their advisory' team. I thank you for your consideration in this matter. Sincerely, Paul Feuer Cc: Boa_rd of County Commissioners 3953 ISLA CIUDAD COURT ° NAPLES, FI. · 34109 PHONE.: 239-513-1001 - FAX: 239-513-7919 Agenda item No. 9C April 13th, 2004 Page 67 of 72 February 2, 2004 VillaS, Walk Ms. Sue Filson Office of the County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Dear Sue: I am writing this memo to introduce you to Dr. Stu Wiles who is a member of the Village Walk Community, and who is also applying for the Citizen at Large position on the Collier County Animal Serv~ices Advisory Board. I have been acquainted with Stu for the past three and one half years as Manager of the Village Walk Homeowners Association and have found him to be a great asset to the Community. Sm has a great deal of knowledge and experience in the Veterinary Field but beyond that, I find him to be a most patient, reliable and interested person who I feel can do a great deal of good for the Advisory Board. Being both a retired Veterinarian, and a consumer member of the community, Sm would be able to provide a very unique might for the other members. Respectfully Yours: David L. Beswick, C.A.M. Town Manager Village Walk HOA of Naples Member, Collier County Contractors Licensing Board 3200 Villagewalk Circle o Suite 1 O0 · Naples, Florida 34109 (239) 594-8044 · FAX (239} 594-7588 Agenda Item No. gC Ernail: VHOA @swfta.rr. com April 13th, 2004 Page 68 of 72 g2/1112004 11:22 2395929338 GVLFCOAST ARK NATURA Application for Advisory Committees/Bo~ards Board ot Coumy Commi~sioner~ 3301 Ka~t'l'arniami Trail Nap/es. FL 34112 (239} 774-8097 .. Fax: (:t39) 774~3~02 Oo you 5.rr~ t~o ,v~u ri. ow ~. Please ling ~ve: nr hav,e you ever sen-ed Oa a Collier Coun~ board or commits7 PAGE p-I Educa6on: round: 239.592.9388 'l'el~ ~ :: Corporate Office 6166 Taylor Road #105 Naples, Florida 34109 :239.592.9338 Fax:. ~.~..~ ~.l~aturals.com Email January 8, 2004 Jol~n Dunnuck, Public Services Administrator Collier County Government 3301 E. Tamiami Trail 2na Floor, Suite 217 Naples, FL 34112 Dear Mr. Dunnuck, Re: Proposed Advisory Board for Collier County Animal Services I am writing to you regarding the 'animal services advisory board that is under discussion. According to the newspaper articles, your committee is seeking a member from a pet related business - it is with this in mind, that I throw my hand into the ring - and offer my help. My qualifications are as follows: ~ * Full time Naples resident since December 1995 · President and principle of Ark Naturals Products for Pets, a Naples based business that manufactures all natural pet health products for companion animals. ~ Please visit our web site for a complete understanding of our products- which will help to establish my qualifications, for this position - www.arknaturals.com > Ark products are tbund on the shelves of natural health food stores, vet offices and independent pet stores throughout the US, Japan and Malaysia · As a national company, Rescue groups, animal service boards, breed specific groups etc contact me on a daily basis for fund-raising support Because of our involvement with those groups on a national level, I think I have a better understanding that most people regarding the delicate balance of issues including: Budget restraints, high kill vs. no [dll shelters, fund-raising efforts, health issues, employee issues as well as the wide range of groups - from PITA to PIJAC - · 2001 Winner of the Collier County Blue Chip Business Award 3~ Please contact Dan Regelski; Economic Development Council of Collier County - he can tell you all about our accomplishments · Member of the APPMA (American Pet Products Manufactm-ers Association) a national trade organization Agenda Item No. 9C April 13th, 2004 Page 70 of 72 Member of NASC (National Animal Supplement Council) a national trade organization whose goal is to create standards that will encourage the manufacture of responsible natural pet health products Member NNFA (National Nutritonal Foods Association) a national trade organization whose goal is to create standards for the manufacture of all natural products (for humans) I believe I bring a moderate voice to the discussion under hand - and bring no 'excess baggage' including political alliances, relationships, biases etc. > In other words I have 'no ax to grind'. Pet Guardian of 2 dogs, 2 cats: Sailor, nemered male Standard Poodle (from FL breeder) Lily Perez, neuter.ed female Havanese (from shelter in N. Fort Myers) Jasmine and Sage (neutered cats- vet rescue in Naples) Please feel free to do a reference check on me personally, my qualifications and my company References: Sharon Hanlon, ESQ Ted Zelman, ESQ Nancy Reynolds, Reynolds & Associates CPA Dan Regelski, Economic Development Council Victor Brown, DVM 598-3222 598-3222 593-6006 263-8989 455-8166 If you would like to meet me, I'd be happy to make myself available. Regardless, I wish you good luck in your efforts at resolving these complicated issues. erely, Ark Naturals Products for Pets Agenda Item No. 9C April 13th, 2004 Page 71 of 72 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Name: Ann Dee Yurick Home Address: 3896 5th Avenue NW Zip Code: 34120 Home Phone: (239) 353-5124 e-mail address: Yureeka(a3/att. net Board or Committee Applied for: ,,C~t~gory (ff applicable) Business Phone: (239) 263-8010 i Fax: NA Domestic Animals Services Advisory Board Example: Commission District, Developer~ environmentalist~ Citizen-At-Large, etc. Are you a registered voter in Collier Count~? I Yes X Do you currently hold public office? [ Yes [] If so, what office do you hold? Do you now serve, or have you ever served on a Collier County board or committee? I Yes X If yea, please Ikqt the boards/committees: The Rover Run Dog Park Planning Committee No X Please list your community activities (civic clubs, neighborhood associations, etc. and positions held): Member of The Greater Naples l~ng Club. Member of The South Florida Labrador Retriever Club. Past member of National Labrador Retriever Club. American Kennel Club Canine Health Foundation Heritage Society member. Volunteer for Domestic Animal Services. VoLunteer for The Conservancy of Southwest Florida. Education: Alfred University, BFA, certified to teach Kindergarten through 12m Grade. Experience/Background: For 18 years I was the owner of Everglades Clay & Tile, a company that designed and manufactured functional pottery and tile. I have worked five years as a veterinary technician at the Emergency Pet Hospital of Collier County. I was a groom and exercise rider at Belmont Race Track in Belmont, N.Y. I have shown hunter jumper horses and worked at an Arabian Horse breeding farm. ! breed., train and show Labrador Retrievers. During my involvement with the Greater Naples Dog Club, i served in many capacities, including board member, assistant show chair, program director, education committee member, trophy chair, puppy Kindergarten teacher and bench show committee member. Agenda Item No. 9C April 13th, 2004 Page 72 of 72 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY PLANNING COMMISSION OBJECTIVE: To appoint 1 member representing Commission District 3 to fulfill the remainder of a vacant term, expiring on October 1, 2007 to the Collier County Planning Commission. CONSIDERATIONS: The Collier County Planning Commission has 1 vacancy representing Commission District 3, with the term expiring on October 1, 2007. This 9-member committee assists in the formulation and review of the Comprehensive Land Use Plan, Land Development Code, and amendments to both, and then submits their recommendations to the Board for final decision. Members are required to file a Form 1, Statement of Financial Interest each year with the Supervisor of Elections. Terms are 4 years. A list of the current membership is included in the backup. Mr. George E. Evans resigned from the committee on February 17, 2004. A press release was issued and resumes were received from the following interested citizen: APPLICANT CATEGORY D1ST ELECTOR ADV. COMM. Robert Vigliotti ]Commission District3 {3 lYes I None COMMITTEE RECOMMENDATION: No Recommendation. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the request for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution conf'Lrming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: APRIL 13, 2004 Agenda Item No. 9D April 13th, 2004 Page I of 9 Memorandum To: Sue Filson, Executive Manager Board of County Commissioners From: Susan Murray, AICP, Director, Delmmnent of Zoning and Land Development Review Date: March 29, 2004 Re; CCPC Vacancies As an advisory board which makes decisions on quasi.judicial land use petitions, the Collier County Planning Co~mcfission voted unanimously against making recommendations for specific applicants to fill vacaneies0n the Planning Commission. Based on my review of the attached resume and back up material, the candidate appears qualified. I have attached a spreadsheet summarizing pertinent information for the applicant. Should you need additional information please don't hesitate to contact me. CC: Joseph I~L Schmitt, AdminLqtrator Community Development & Environmental Services Division Agenda Item No. 9D April 13th, 2004 Page 2 of 9 ~ u.I 6 Agenda Item No. 9D April 13th, 2004 Page 3 of 9 Collier County Planning Commission Saln~ Mr. Robert P. Murray - 9087 Michael Circle, #1 Naples, FL 34113 E-Mail: bobsail ts~msn.com District: I Category: Commission District Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 417-9915 09/10/03 10/01/07 4 Years Mr. Russell A. Budd' 5981 14th Avenue, N.W. Naples, FL 34119 E-MaE: russelibudd~sprintmaii.com District: 3 Category: Commission District Mr. George E. Evans - ce ;q. tq-o 393 Edgemere Way North Naples, FL 34105 E-Mail: nanbevans~peoplepc.com District: 3 Category: Commission District 64.34527 09/21/93 10/01/97 4 Years 594-3012 09/25/01 10/01/05 4 Years 436-3779 09/! 0/03 10/01/07 4 Years Mr. Kenneth L. Abernathy- 4200 Belair Lane, Apt. 108 Naples, FL 34103 E-Mail: kla~atLnet District: 4 Category: Commission District 09/29/99 10/0 !/03 4 Years 263-4295 09/10/03 10/01/07 4 Years Mr. Paul Midney - 1807 Roberts Avenue lmmokalee, FL 34142 E-Mail: midney(~aol.com District: 5 Category: Commission District 650-3000 09/25/01 10/01/05 657-6015 4 Years Wednesday, October 15, 2003 Page 1 of 3 Agenda Item No. 9D April 13th, 2004 Page 4 of 9 Collier County Planning Commission ]Va/~te Mr. Mark P. Strain - 3675 Third Avenue, N.W. Naples, FL 34120 E-Mad: mpstrain~aol.com District: 5 Category: Commission District Dora Phone Appt'd Extx Date Term Home Phone DateRe-appt 2ndEocpDate 2nd Term 404-0104 09/I 1/01 10/01/04 455-7858 Mr. Dwight Richardson - 725 10 ! st Avenue, North Naples, FL 34 ! 08 E-Mail: d wight ~gulfaccess. net Distn'ct: 2 Category: Commission District 594-5341 11/14/00 10/01/04 Mr. Bradley William Schiffer - 520 Sugar Pine Lane Naples, FL 34108 E-Mail: bradu~taxis-usa, com District: 2 Category: Commission District 254-0285 02/i 1/03 10101104 254-0285 Mr. Lindy Adelstein - 239- ! Palm Drive Naples, FL 34112 E-Mail: lindyadel~cs.com District: 1 Category: Commission District 732-0966 09/25/0 i 10/01/05 Ms. Amy Taylor 254-4395 10/14/03 5775 Osceola Trail Naples, FL 34109 E-Mail: District: Category: School Board Representative/Non-Voting Member 3 Years 4 Years i.5 Years 4 Years t~'ednesday, October 15, 2003 Page 2 of 3 Agenda Item No. 9D April 13th, 2004 Page 5 of 9 Collier County Planning Commission Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 9 member committee was created by authority of Chapter 67-1246, Laws of FL On 09103/85 the BCC adopted Res. No. 85-190, expressing intent to consider an ordinance consolidating functions of ~ Area Planning Commission and Immokalee Area Planning Commission into CCPC. On 09/24/85, Ord. No. 85-51 created the CCPC, which was repealed by LDC Ord. 91-102. This committee assists in the formulation and review of Ihe Comprehensive Land Use Plan, Land Development C(x~, and amendments to both, and then submits their rec(nnmendaticms to Ihe Board for final decision. Members are required to file a Form I Statement of Financial Interest each year with the Supen~isor of Elections. Terms are 4 years. On 1-8-03 at an LDC Mtg the BCC amended the LDC (sec. 5.2.3.2) to include a member of the School Board. The BCC determined on 10/14/03 that they will be a non-voting member. IZ£ ST/J T Staff: Susan Murray, Current Planning Manager:. 403-2300 Wednesday, Octobe~ 15, 2003 Page 3 of 3 Agenda Item No. 9D April 13th, 2004 Page 6 of 9 MEMORANDUM DATE: TO: FROM: March 15, 2004 Susan Murray, Cttrrent Platming~.a~mger Sue Filson, Executive Manager, s ' Board of County Co--loners Collier County Planning Conmmksion As you know, we currently have 1 vacancy on the ~ove~referencaed advisory committee. A press release was issued requesting citizens interested in serving_on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Robert Vigliotti 2769 Island Ponde Lane Naples, FL 34119 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Plea~.. categorize the applicants in areas of expertise. If you have any quesfio~ please call me at 774..8097. Thank you for your attention to th£n matter. SF Agenda Item No. 9D April 13th, 2004 Page 7 of 9 FROM : ROI~__RT UI~I IOTTI FAX ~. : ~ 59~ ~ Mar 03 04 0~: 4~m 23g-3~4-88~5 " p, I Agenda Item No. 9D April 13th, 2004 Page 8 of 9 GOPY EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE BLACK AFFAIRS ADVISORY BOARD OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on June 25, 2006 to the Black Affairs Advisory Board. CONSIDERATIONS: The Black Affairs Advisory Board has 1 vacancy due to a resignation with the term expiring on June 25, 2006. This 9-member committee identifies and evaluates problems unique to the Black Community, reviews and recommends ways to ensure open communication between the minorities and Collier County Government and provides periodic reports to the Board of County Commissioners. A list of the current membership is included in the backup. Mr. Garry Pierrot resigned from the committee on December 8, 2003. A press release was issued and resumes were received from the following interested citizen: APPLICANT CATEGORY D1ST ELECTOR ADV. COMM. I PeterHerard I N/a I5 IYes IN°ne COMMITTEE RECOMMENDATION: No Recommendation due to lack of quorum. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: APRIL 13, 2004 Agenda Item No. 9E April 13th, 2004 Page I of 8 Page 1 of I filson_s From: dunnuck_j Sent: Thursday, A;)ril 01,2004 6:31 PM To: tilson_s Subject: RE: Hi Sue, There was no quorum at the last meeting so I would recommend proceeding to the BCC. JD ..... Original I~usage---- From: filson_s Sent= Thursday, April 01, 2004 8:40 AH To: dunnuck_j Subject: BAAB John, do you have a recommendation from the committee yet? ~Execut~e ~Vlanager, :BCC (239) 774'80 9 7~PftOlle (239) 774-8865 fax suef i son@co££iergo .ne t 4/2/2OO4 Agenda Item No. 9E April 13th, 2004 Page 2 of 8 MEMORANDUM DATE: January 12, 2004 TO: FROM: Elections Office Sue Filson, Executive Manage Board of County Commi~ioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the coumy's advisory coamfttecs. Please let me know if those listext below are registered voters in Collier County. Also, please list the commimion district in which each applicant resides. BLACK AFFAIRS ADVISORY BOARD COMMISSION DISTRICT Peter Herard 2421 2=d Avenue, N.E. Naples, FL 34120 Thank you for your help. RECEIVED .~AN 1 6 2004 ~,.:.,--~, of County Commissioners RECEIVED .lAN 1 4 2004 ~ard of County Commissioners Agenda Item No. 9E April 13th, 2004 Page 3 of 8 Black Affairs Advisory Board Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Rufus H. Watson ~ 5501 Rattlesnake Hammock Rd., #208 352-2782 Naples, FL 34113 E-Mail: District: 1 Category: 352-2868 Ms. LaVerne C. Franklin 7705 Kiwi Place Naples, FL 34112 E-Mail: District: 1 Category: 348-3335 Ms. Marian Thompson 284 Sabal Lake Drive Naples, FL 34104 E-Mail: District: 3 Category: Ms. Mary Linda Sanders 354 Dover Place, #103 Naples, FL 34104 E-Mail: District: 4 Category: 262-8923 597-3943 Ms. Jodi Bisogno 659 ! 08th Avenue, N. Naples, FL 34108 E-Mail: District: 2 Category: 12/02/97 06/25/0 ! 4 Years 06/26/01 06/25/05 4 Years 04/! 1/00 06/25/03 3 Years 09/I 0/03 06/25/07 4 Yenrs 04/11/00 06/25/01 I Year 06/26/01 06/25/05 4 Years 09/10/03 06/25/07 4 Years 01/14/03 06/25/06 4 Years Wednesday, November 19, 2003 Page Agenda Item No. 9E April 13th, 2004 Page 4 of 8 Black Affairs Advisory Board Sa/ft~ Ms. Irene Williams 4555 25th Court, S.W. Naples, FL 34116 E-Mail: icywilliams~aoLcom District: 3 Category: P.O. Box 74 Naples, FL 34146 E-Mail: District: 1 Category: WorA Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDa~e 2nd Term 09/10/03 394-39OO 01/14/03 642-1499 06/25~7 06/25~6 Mr. Antoine L. Washington P.O. Box 110285 Naples, FL 34108 E-Mail: District: 2 Category: 867-3100 I I/18/03 596-6269 06/25/05 2 Years Mr. Eloy Ricardo 533 102nd Avenue Naples, FL 34108 E-Mail: District: 2 Category: 825-7058 I I/18/03 354-1573 06/25/06 4 Years j 3 Years Wednesday, November 19, 2003 Page 2 of 3 Agenda Item No. 9E April 13th, 2004 Page 5 of 8 Black Affaim Advisory Board Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term This 9 member board was c~ated on May 14, 1991, by Ord No. 91-38 & 91-77, to identify and evaluate problems unique to the Black Community, review and recommend ways to ensure open communication between minorities and Collier County Government and provide periodic reports to the Board of County Commissioners. Amended on 08/13/91 by Ord. 91-77 to increase membership fiom 7 to 9 member. Terms am 4 years. FL STAT none Staff.' John Dunnuck, Public Services Adminish-atof:. 774-8468 H/ednesda),, November 19, 2003 Page 3 o.I'3 Agenda Item No. 9E April 13th, 2004 Page 6 of 8 MEMORANDUM DATE: TO: FROM: January 12, 2004 John Dunnuck, Public Services. A~or Sue Filson, Executive Manage~ Board of County Commi?~4oner~ Black Aflhirs Advisory Board As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizem interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Peter Herard 2421 2~ Avenue, N.E. Naples, FL 34120 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, 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 Attae~ts Agenda Item No. 9E April 13th, 2004 Page 7 of 8 Collier County Home [ BCC I Application for Advisory Committees/Boards Page 1 of 2 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Application for Advisory Committee/Boards Name: ~ T~' )E. /~ )E ,R /E ..~ Home Phone: '~-~)? Us~'- ~'~ ~ Home Address: ~¢~/' ~*/~-~ ~U~ ~ ~~ ~p Code: ~/~ F~ No.(~) ~-/67~ Bus~s Phone: (~9) ~-/~7~m~ addre~: ~9~~ ~~ ~ ~ Cata o E~mple: Com~slon D~tfic~ Developer, en~ronmen~k lay p~n, ~. ~e you a reg~ter~ voter ~ Co~er CounW: Yes ~. No Do you cu~enfly hold public office ? Y~ No ~ If s~ what ~ that o~ce ? Do you now serve, or have you ever served, on a Collier County board or Committee? If yes, please llst the committees/boards: Yes , No ~ Please list your community activities (civic clubs, neighboorhood associations, etc.) and positions held: ~ C4~¢7 ~ ~~¢~- 3~2 .~1~0~ ,-/-e/~t/~',0//~ ~ ~f~'O, Og~~'/,~ Education: Experience: Please attach any additional information you feel pertinent. ~ application should be forwarded to Sue Fil~on, Executive Manager to the Board of County Commissioners. 3301 F_~t Tamiami Trail, Naples. FL 34112. If you wish, please fax your application to (941)774-3602 or e-mail to suefilson(~colliergov, net. Thank you for volunteering to serve the citizens of Collier County. A§enda Item No. 9E April ~ 3t~003 h~p://www.colliergov.net/bcc/advisory%20application.htm Page" '"5 'b'"l' 8 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE ENVIRONMENTAL ADVISORY COUNCIL OBJECTIVE: To appoint 2 members to serve 4-year terms, expiring on April 13, 2008 to the Environmental Advisory Council. CONSIDERATIONS: The Environmental Advisory Council has 2 terms representing the Technical category expiring on April 13, 2004. This 9 member council acts in an advisory capacity to the Board in matters dealing with the regulation, control, management, use or exploitation of any or all natural resources within the County, and the review of all land development petitions which require an environmental impact statement (ELS) per section 3.8 of the Code, all developments of regional impact (DRI), lands with special treatment (ST) or Area of Critical State Concern/Special Treatment zoning overlays, areas of the county covered by interlocal agreements, any petitions which cannot be resolved between the applicant and staff. The membership will include technical and non-technical members. Technical members shall demonstrate evidence of expertise in one or more of the following areas related to environmental protection and natural resources management: Air Quality, Biology (including any of the sub-disciplines such as botany, [cology, zoology, etc.), Coastal Processes, Estuarine Processes. Hazardous Waste, Hydrogeology, Hydrology, Hydraulics, Land Use Law, Land Use Planning, Pollution Control, Solid Waste, Stormwater Management, Water Resources, Wildlife Management, or other representative areas deemed appropriate by the Board such as, but not limited to, a representative of the development community. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. After initial appointments, terms are 4 years. A list of the current membership is included in the backup. The terms for Alexandra Santoro and Thomas W. Sansbury expired on April 13, 2004. A press release was issued and resumes were received from the following 4 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Gary L. Grisko Technical - Forestry 1 Yes None Alexandra Ellis re-appt Technical - Biology 5 Yes Environmental Advisory Council Michael R. Bauer Technical - Biology & Env Policy 1 Yes None Judith M. Hushon Technical - Biology 4 Yes None COMMITI'EE RECOMMENDATION: Quasi-Judicial - no recommendation FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: APRIL 13, 2004 Agenda Item No. 9F April 13th, 2004 Page I of 31 Page 1 of I filson_s From: burgeson_b Sent: Friday, April 02, 2004 2:41 PM To: lilson_s; SchmittJoseph; Iorenz_w Subject: F_AC applicants I received 4 applications for review, who wish to fill the vacant EAC positions. The two positions whose terms expired on the EAC were beth technical members on the F. AC and therefore the new members need to be two people who qualify as technical applicants. The following is a brief outline of the applicants. Their resumes and applications were used to provide the following information: 1. Alexandra Ellis has a BS degree in biology and is m-a_oo_ _lyinq. She has been an excellent member on the EAC we would strongly support her being re-appointed to serve another term. She has provided valuable input and been an active volunteer on beth the EAC and on subcommittees during her term. 2. Michael Bauer is a qualified technical applicant. He has a BS in Biology, an MS in wildlife Biology; J.D.; and a PhD in Environmental Policy. He has been employed as a biologist, environmental law attomey, faculty member and regional director in Collier Count~ since 1978. 3. Judith Hushon is a qualified technical applicant. She has a degree in Biology and has 35 years experience in environmental and toxicological consulting around the United States. She has been in Naples for 4 years. 4. Gary Grisko may be a qualified technical applicant. He has a degree in forestry and outdoom resources but does not appear to have any related job experience to help staff determine if that degree is actually a scienfitic degree or more a tourism degree. 4/2/2004 Agenda item No. 9F April 13th, 2004 Page 2 of 31 MEMORANDUM DATE: February 23, 2004 TO: FROM: Elections Office ,.~/ Sue Filson, Executive Manager Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of County Corrarfissioners 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. ENVIRONMENTAL ADVISORY COUNCII. COMMISSION DISTRICT Judith M. Hushon 1659 Chinaberry Court Naples, FL 34105 Thank you for your help. Agenda Item No. 9F April 13th, 2004 Page 3 of 31 DATE: TO: FROM: MEMORANDUM February 23, 2004 Elections Office Sue Filson, Executive Manager Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individ~a!s 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. ENVIRONMENTAL ADVISORY COUNCIL Gary L. Grisko 101 Bemuda Road Marco Island, FL 34145 Alexandra Ellis 210 Riverwood Road Naples, FL 34114 Michael R. Bauer 109 Debron Drive Naples, FL 34112 COMMISSION DISTRICT Thank you for your help. Agenda Item No. 9F April 13th, 2004 Page 4 of 31 Environmental Advisory Council Name Work Phone /Ippt'd Exp. Date Term Home Phone DateRe-appt 2ndF. xpDate 2nd Term Ms. Erica Lynne 676 110th Avenue North Naples, FL 34108 E-MaiI: ericalynne(~earth link.net District: 2 Category: Technical-Ph.D. Engineering 514-2968 11/28/00 04/24/02 04113/02 041 ! 3/06 Ms. Alexandra Santoro 210 Riverwood Road Naples, FL 34114 E-Mail: asantoro~flfa .mily. corn District: 5 Category: Technical-Biologist 403-1858 04/11/00 793-7878 04/I 3/04 Mr. Alfred F. Gal, Jr. 82 North Barfieid Drive Marco Island, FL 34145 E-Mail: Agal~bsk.com District: 1 Category: Technical-Attorney; Energy & Env Studies 262~ 09/12/00 389-O479 03/13/01 04113/01 04/13/05 Mr. Kenneth K. Humiston 324 Sharwood Drive Naples, FL 34110 E-Maih kh(~humistonandmoore.com District: 2 Category: Technical - Professional Engineer 594-2021 04/24/02 594-2030 04113/06 Mr. Ed Carlson 333 ! I st Avenue, N.W. Naples, FL 34 ! 20 E-Mail: ecarlson~audubon.org District: 5 Category: Technical - Zoology & wildlife ecol 348-9143 08/O9/99 455-9445 04/13/03 04/13/03 04/13/07 1.5 yrs 4 Years 4 Years 7 months 4 Years 4 Years 4 Years 4 Years Wedn~rday, December 1 7, 2003 Page I of 3 Agenda Item No. 9F April 13th, 2004 Page 5 of 31 Environmental Advisory Council Fgorl~ Phone APlg'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. William W. Hughes 435-1188 4501 Rosea Court 435-3923 NapEs, FL 34104 E-Mail: hughesco(~earthlink.net District: 4 Category: Water Treatment & Hazardous Waste 04113/03 04/13/07 Mr. Joseph D. Gammons 185 Skipping Stone Lane Naples, FL 34119 E-Mail: jgammons~ofdc-inc.com District: 3 Category: Non-Technical-Business Owner 337-1212 354-0O75 12/16/03 04/13/05 Mr. Michael V. Sorrell 353-5932 2335Wilson Boulevard, N. 571-7781 Naples, FL 34120 E-Mail: www.colliersport sman@,hotmail.co m D/str/ct: 5 Category: Non-Technical - Owner Lawn Service 06/11/02 04/13/03 04/13/03 04/13/07 Mr. Thomas W. Sanshnry 840 River Point Drive #840 Naples, FL 34102 E-Mad: tomgator~aol.com District: 4 Category: Technical - Mgmt. 4O3-6800 417-2053 04/13/99 04111/00 04113/00 04111104 4 Yenrs 2 Years 10 Mos. 4 Years 1 Year 4 Years If ednt~da),, December 17, 2003 Page 2 o]'3 Agenda Item No. 9F April 13th, 2004 Page 6 of 31 Environmental Advisory Council Name Wor~ Phone ~4ppt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 9 member committee was created on 01/27/99 by Ord. No. 99-06 to act in an advisory capacny to the BCC ~ maUers Ueanng with regt~aUon, cont., management, use or exploitation of any or all natural resources within ltm County, and the review of all land development petitions which require an environmental impact statement (ETA) per section 3.8 of the Code, all developments of regional impact (DRI), lands with special trealment (ST) or Areas of Critical State Concern/Special Treatment zoning overlay% areas of the county covered by interlocal agreements, any petitions which cannot be resolved between the applicant and staff. Quasi-Judicial Board; membem must file a Fo~rn I Statement of financial Interests each year with the Supervisor of Elections. Terms are 4 yeats. FL ETA T St~.- Joe Schmitt, Community Development Administrator:. 403-2385 Wednesday, December 17, 2003 Page Agenda Item No. 9F April 13th, 2004 Page 7 of 31 MEMORANDUM DATE: TO: FROM: February 23, 2004 Joseph lC Schmitt, Community Devel.opment Sue Filson, Executive Manager ,~ Board of County Commissioners'~j - Environmental Advisory Council & Environmental Services Admini~tor As you know, we currently have vacancies on thc hbovc-rcferenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for considcration~ I have attached thc resumes received for your review as follows: Gary L. Grisko 101 Bemuda Road Marco Island, FL 34145 Alexandra Ellis 210 Riverwood Road Naples, FL 34114 Michael tL Bauer 109 Debron Drive Naples, FL 34112 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideratiom · Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-11097. Thank you for your attention to this matter. SF Attachments Agenda Item No. 9F April 13th, 2004 Page 8 of 31 Board of County Commissioners 3301 East Tamiami Trail Naples, Fl, 34112 (239) 774-8097 Fax: (239) 774-3602 Application for Advisory Committees/Boards Home Address:,, Fax No. Business: Board or Committee Applied for: ~u-- / Category (if applicable); Example: Commission Dbtrkt, Developer, envlro~unenlal~t, lay person, etc... Are you a registered voter in Collier County: Yes V' No Do you currently hold public office? Yes If so, what is that office? .No Do you now serve, or have you ever served, on a Comer County board or committee? Yes If yes, please Hat the committees/boards: .no Please list your community a,ctlvities (civic clubs, neighborhood associations, etc. and positions he. Id: Lto t~,~t.o~T. - - - ' - '" :'" Agenda Item No. 9F April 13th, 2004 Page 9 of 31 Feb-16-04 OB:33A P.O1 Board of County Commissioners 3301 £ast Tamiaml Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Application for Advisory Committees/Boards Name:_ ~--/-- e- ,~/q-/v Q ~ ~'~ ~' ~X Home Phone: Business: ~?~a ~ ~~ ~ Board or Commit~e Appli~ for: ~/~ Catego~ (ifappliuable): /~ ~ Eaam~le: Com~fl~ion Di~trie~ ~alo~r, a~v~immeutalin~, lay ~e~n. Are you a registered voter in Collier County: Yes Do ynu currently hold public office? if so, what is that office? no ~ Do you now ~rv~ or have ynu ever served, on a Co~r Coun~ bo~d or commltt~? Ve~ ~/ If y~, ~se IIM ~e commJlle~ards: Please l.ist your c(JmmuniO/activities (eivic clubs, neighborhood associations, etc. and pa.~itiens held:. 0 / ¢~./,-~- Education: E xperlenee: Ple~ ~ttaeA .,,.), ~llttpnat J.formatlon you f~l ~r~sL ~l~ ~l~rian ~hould ~ fo~rd~ t~ Sue F~on, ~Yet'ut~; M~tmg~ dp the ~.it ~ ~at, o~ttl~,,,,~,_ ra..a~,,fo, ~an,~;~g ~ ~n~ ~ ,ia~.s o/co/ne, c~n~ Agenda Ite~. 9F April ~ 3th, 2004 Page ~0 of 3~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 7748097 Fax: (239) 774-3602 Application for Advisory Committees/Boards Name:__Michael R. Bauer Home Address:__109 Debron Drive, Naples, Fl Home Phone: _239 530-0061_ Zip Code: 34112 Fax No. Basiness: Business Phone:_239 338-2929 e-mail address:__bauer606~aol.com_ Project Manager, South Florida Water Management District Board or Committee Applied for: Environmental Advisory Council Category (if applicable): , technical Exampte: Commlas~on Diatrle~ Developer, environmentalist, lay person, ere. Are you a registered voter in Collier County: Yes Do you currently hold public office? Yes I~ se, wlmt is that office? X No No X Do you now serve, or have you ever served, ma · Collier County board or committee.* Yes X No If yes, ldease list the e~mlm~s/b~anl~.._Commmity Character/Smart Growth Committee, Rund Lands CommiUce~ Please list your community activities (civic clubs, neighborhood associations, etc. and positions held:_ Southwest Florida Watershed Council, Former Chair and Current Board Member Water Enhancement and Restoration Coali~on, Board Member Water Symposium, Board Member Education:.__B.S. Biology; M.S. Wildlife Biology; J.D.; Ph.D. Environmental Policy_ Experience: Present ENVIRONMENTAL MANAGEMENT AND PLANNING CONSULTANT Manage a series of watershed restoration projects and provide support for Everglades rcstorntion projects. 2000-2003 1996-2000 1992-1996 Indian Reservation REGIONAL DIRECTOR Responsible for carrying out environmental organizations' (Audubon of Florida and National Wildlife Federation) policies at the regional level ADJUNCT FACULTY MEMBER AND PH.D. STUDENT Taught environmental policy and planning courses while earning a Ph.D. in the Environmental Design and Planning Program at Virginia Tech ENVIRONMENTAL LAW ATTORNEY AND POLICY ANALYST. Legal responsibilities with respect to management of water, forests, fish, wildlife and other natural resources within a 1.2 million acre Agenda Item No. 9F April 13th, 2004 Page 11 of 31 1978-1982 ASSISTANT REFUGE MANAGER. Responsible for management, planning and evaluation of natural resources on a U.S. Fish and W'fldlife Service barrier island/estuary coastal complex. Agenda Item No. 9F April 13th, 2004 Page 12 of 31 MEMORANDUM DATE: TO: FROM: February 23, 2004 Joseph IC Schmitt, Coaimtmity Development & Environmemal Services Admini~qrator Sue Filson, Executive Manager Board of County Commissioners Environmental Advisory Council As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Judith M. Hushon 1659 Chinaberry Court Naples, FL 34105 Please let me know, in writing, the recotmne~_~t_ion for appointmem of the advisory committee within the 41 day time-frame, and I will prepare an executive ~ for the Board's consideratior~ Please categorize the applicant~ in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Agenda Item No. 9F April 13th, 2004 Page 13 of 31 1659 Chinaberry Court Naples, FL 34105 February 15, 2004 Susan Filson, Executive Manager Collier County Commission 3301 US 41 East Naples, Florida 34112 Reference: Request for Applications for Environmental Advisory Council Dear Ms. Filson: I have recently retired from a full-time career as an environmental consultant and am still doing some part-time consulting which has the advantage of keeping my skills current. I have completed your questionnaire and have attached to it a copy of my resume and a slide presentation I gave at the Conservancy on my ongoing work. If you have questions, please feel free to contact me at 632-6222 or iudyhushon@~l.eom. Sincerely, th M. Hushon, Ph.D. Agenda Item No. 9F April 13th, 2004 Page 14 of 31 Application for Advisory Committees/Boards C° erCoanty Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Name: Judith M. Huahon I Zip Code: 34105 Home Address: 1659 Chinaberry Court [ Fax: 643-6223 Home Phone: 643-6_222 ] Business Phone: e-mail address: judyhushon~aoLcom Board or Committee Applied for: Environmental Advisory Council Example: Commin-~ion District, Developer, environmentalist, :red voter in Collier County? ~lic office? If so, what office do you hold? now serve, or have you ever served on a Collier County board or committee? the boards/committees,' etc. Yes X No X [ Ye~ [-'1 INoX Please list your community activities (civic clubs, neighborhood associations, etc. and positions held): Volunteer Policy Analyst for the Conservancy of Southwest Florida, Naturalist on the Conservancy's Good Fortune cruises, Jason Project volunteer for the Conservancy, clerk for Feb 17 and March 9, 2004 elections, Oaks Landscape Committee St. John the Evangelist Jamaica Project Volunteer Education: BA in Biolol~ with honors from Brown University MA in Biochemistry from Harvard University PhD in Information and Decision Systems from George Washington University md: Over 35 years of experience in environmental and toxicological consultin Please see attached resume for experience and publications. Currently working on a project to evaluate sources of pesticides in southwest Florida waterways and to identify those representin~ the greatest b~-ard. Have calculated loadings from agriculture~ control, iawncare, and golf course maintenance by water body ID (i_e., water to fund confirmatory sampling. A copy of the slide show given on this work at the Conservancy in November 2003 is attached. Bo~rd of ~ount~ C~srm.~s~ome~, $301 Esr~ Tamismd 7'n~l, N~ie~ FI. ~41 ! Z If yo~ ~ please f~z yom' mmik~m~ to ~_ 9) 7743.602 o~ e- mmTtosuel~l~on~54~gll~.net. ?Tum~yo~for~otzor~oso~et~edzlz~mofColligr~. -Agenda Item No. ~P April 13th, 2004 Pa§e 15 of 31 I Judith M. Hushon, Ph.D. Fields of Competence Toxicology Environmental biochemistry Health and environmental risk assessment Toxics regulatory strategies Risk communication Environmental/chemical inform~__t_ion management Governmental and environmental, regulatory atfairs Strategic planning Expert and decision support systems chmign Environmental auditing including ISO 14000 certification Experience Summary Thirty-five yems of experience in consulting, research, teaching, litigation support and mnnngcment in thc areas of human health and environmental toxicology, risk assessment, environmental chemistry, environmental regulatory impact management, expert and decision support systems,, health and environmental impact assessment, and information management. Evaluated data from Superfund sites and prepared various assessments to support litigation. Managed development of integrated, state-of-the-art, environmental data management systems for federal and private sector clients. Constructed a r~medial site ranking system, developed numerous environmental expert systems; prelmred toxicology profiles and chemical and site risk and hazard assessments. Currently evaluating ha~rds due to pesticides from agriculture, mosquito control, lawn care and golf course maintenance in Southwest Florida waterways. Credentials B.S., Biology (Honors), Brown University (1967) M.A., Biochemistry, Harvard University (1968) Ph.D., Information and Decision Systems, George Washington University (1988) ISO-14000 Certification Assessor (I 999) Professional Aff'diafions American Association for the Advancement of Science American Association for Artificial Intelligence SOCMA American Chemical Society Phi Beta Kappa Sigma Xi 7/99/SW/Hushon Agenda Item No. 9F April 13th, 2004 Page 16 of 31 Key Projecls ~000- present Chemical Consulting Associates Naples, FL · For the Conservauey of Southwest Florida developed a ~logy for assessing the expost~e risks applications to cover co~ samplin~ Gave public presentations of the results. · Prepan~d an analysis of the impacts of the newly proposed ~ che~eals regulations on the UK · Filed an application for a pesticide m~gistration under FIFRA for chemi~ involved in medical waste · Assisted numerous clients to comply with the requinanen~ of federal laws including TSCA, CRTK, OSHA, FDA, RCRA, CWA and other regulationsl. 1996- present ERM-$outhwest, Inc. Houston, TX · For a site adjacent to a federal Sutxafund site in South Carolina evalunled health and ecological risks associated with lead and a~oenic contamination of the site and an adjoining tidal marsh. Identified the sources of these pollutants and the extent of site contamination. Prepaxed coa-m:~atts on the Sutxxfund risk assessments, prepared screening risk assessments for the adjoining site, and managed the preparation of a remedial options analysis. Used the new risk ~ methodology developed by EPA Region 8 to try to increase the lead cleanup level · For a site adjacent to a former battery producer in Willamette, OR, evaluated available site ~ on lead resulting from disposal of lead acid b~__eries and dioxin fxom disl~ of fluff~ Reviewed testimony of state toxicologists and assisted eoumel in preparing deposition questions. · For a formex metals recycling site in Houston contaminated with l__o~l, chromium, zinc and other metals, helped evaluate the eurront site risks fxom exposure to these metals- Assisted in the filing of a claim a?in~ the owner's insurance coinpany resulting from a Wain ct-aah and fire adjoini~ this property which we ~ spread the site pollution further ~ additional cleanup. · Helped a zinc oxide producer in minois demonstn~ that they were not respons~le for the lead and arsenic contamination at the site, disposed as pyrite by former ownem. This resulted in a case a~oain~t · Prepared an environmental impact asseasmmt fora 140MW combined cycle power plant being built in Aeajutla, El Salvador. · Cond~ucs~t site assessments of oil and gas industrial lxoperfies prior to acquisition and prepared · Conducted due diligence audits and regulatory compliance audits ofoil and gas facilities and pipelines. · · Performed aa ISO 14000 phase !I audit ora former refinery site in Wyoming and assisted a gas producer and processor with qualifying for ISO 14001 cerfification~ · Provided litigation support on Superfund and other sites in Texas, Oregon and South Carolina, related to contaminant Uansport and fate, health and environmental risk assessment, remediation strategy development, NRDA settlement, and clean-up costing. Pollutants of concern included heavy metals, dioxin, TPH and VOCs. · Prepared a .r.egistration under the Federal Insecticide Fungicide and Rodenticide Act (FIFRA) for a biocide/procedure used ~ destroy medical and animal carcass waste. This included preparing an exposure and risk assessment for the material as part of the ~ulatory filing. 7/99/~WPrIushon Agenda Item No. 9F April 13th, 2004 Page 17 of 31 · 1~ numerous filin~ under the Toxic Substances Control Act (TSCA) for new chemicals, inventory up~_~ reportin~ bona fide request, and litigation support · Provided regulatory management consulting to industrial and federal clients relating to regulatory compliance with SARA, CERCLA, TSCA, FIFRA, OSHA CWA, RCRA, NRDA, OPA and CAA. Lectured at Air Force Institute of Te~tmology. 1990 - 1996 ERM Program Management Company McLean, VA · For Vandenberg Air Force Base, CA designed an int~rated system to manage their Base Comprdaensive Plan ~ based on a Geographic Infommfion S'yste~ Managed development of the environmental ~ Oracle tables covering wildlife, botany, cultural resources, soils, geology, hydrology, and hazardous waste sites using IDEF models. Designed and managed implementation of a linked Envi~nmental Complianoe ~ Information Systean covering fight-to-know, · Managed develolmaent of the Defense Priority Model for the Air Force and the Office of the DepuOy Under Secretary of Defense for Environmental Security to assist in decision making for the selection of sites for remedJaJ action under the Cleanup program. Managed user training and user service function and developed methedol~ to QC the submissions. Supervised DPM scoring for four Major Commands' rites for the Air Force and selected installations for the Army Environmental Center. The program performed a preliminary ecological and health screening risk assessment using · Taught part of a 5-day course for Remedial Program Manage~ about the Policies and Program Management Aspects of the Air Force's Enviwnmemal Restoration Program. Course was offered 4 times per year to 75 students/course. Guest lectured in the Masters program in Fandronmental ~on Trained over 500 sn~ to use fl~e Defense priority Model during over fifteen 21/2 day hamJs.on ~ risk ard sets DoD cleanup ~ Helped Irivate sector client receive state, and Canadian FIFRA, approval for the ReJeX-iT family of bird aversion agents including, experimental use permits and exemptions fi~m tolerance. Worked closely with EPA to achieve one of the shortest product reviews on recorck Prepared targeted press ~ Commission on why aversion agents should be differentiated from biocides under their proposed directive. Conducted issues management and FlFRA/FDA registration of ami-microbiah for a variety of end tlS~S. Assisted the Army to develop a slrategy for listing only individual hazardous waste sites on the National Piority List and not the entire installation. Worked on a methxk)logy to de-list existing NPL sites. 1986 - 1990 Roy F. Wi::ston, Inc. Washington, DC · Designed right4o-k~w compliance systems and strategies for NIEHS, NYCTA and a number of industrial clients. These involved optical disk storage and a variety of co~ options. · Managed ~v¢lopment of EPA's extremely hamrdous subs~nc~ profile system for the Office of Solid Waste's Office of Preparedn~ Prevention. Agenda Item No. 9F April 13th, 2004 Page 18 of 31 · Managed study of 50 major U.S. evacuations for NUMARC to identify factors that correlate with successful evacuations. Developed study protocol and Delphi panel approach. · Developed prototype expert system for First Responders to Chemical Emergencies fiRES). Extended the FRES system into a Community RiOt-to-Know system (CORKES) that includes locational as well as property · Provided assistance to the Air Force H,~dquarters stuff in managing their cleanup pmgxam- · Managed a large 3.day meeting of over 600 people for EPA's Office of Emergency Resp°nse t° intxoduce their CAMEO emergency response soRware. 1983 - 1986 Bolt Beranek and Newnmn, Inc. Head, W~ ~ of the Resea~ ~Division Arlington, VA · Managed program that developed the Cbe~cal Substances Information Network (CSIN) for the Council on Environmental Quality. This PC-based, multi-nser system was designed to meet the needs of the regulatory community for chemical a~ Micro-CSIN ~ searches any clamhase on eight ~al vendor systems and ~trieves the Rxtuesl~ dam: This ~ embodies many expert system eoneel~ in that it has a detailed database of spedfi¢ information and a set oftranslmion and seaiching rules. · Helped design training courses and materials for CSIN and the Defense Technical Information Center Gateway Information System. Provided trainirlg to over 500 iIser5 and managed the 5~ for US Geological Survey. 1980 - 1983 Dynamac ~on · For the European CommLssion's Joint Reseamh Centre at Ispm, Italy developed the file gaucUn~ and file content for the ECDIN database on chemical reaction information and chemical processes, wastes, and releases. ALso provided inpuls on sources of chemical information worldwide. Consulted to the German DIMDI organization concerning chemical smactum and nomenclature as Under a contract to the Swedish Health Ministry developed the requirements for a Hazard Assessment Document so lhat this could be presented to the OECD Chemicals Working Group to Undertook a project for The European Commission DGXIII to determine how each of the Member Stat~ was assessing chemical risk under the New Chemicals Directive that had been passed in 1976. Provided consulting to ~e Euroln~ Commission on its developing chemical passport program Managed project for EPA/ECAO which resulted in the preparation of Health Hazard Axsessmenls on chemicals found in d-rap sites including: 2,3,7,8<h'oenzog<lioxin. chloroform, carbon telxachloride, phenol, bisArifluoromethyl benzenes, 2,4,6-trichl°roaniline, pentachlorofluoro- For the Consumer Product Safety Commission prepared overviews of toxic effects reported in the literatx~ on beazkline-based dyes, mordant dyes and analine-basod dyes as an activity prior to potenaal regnl~on. For DOE evaluated impact of PMNf~CA legislation on coal-liquefaction I~chnology development- For the lnteragency Testing Committee prepared boc~d documenl~ used in n~klng testing recommendations to EPA. 7/99/SW/Hushon Agenda Item No. 9F April 13th, 2004 Page 19 of 31 · For EPA's Environmental Criteria and Assessments Office managed three wmkshop~ dealing with how to perform risk ~ for epigenedc caminogcm and how to include uncertainty factors in these assessments. Using the multistage extrapolation model, calcnl~ed the risk to humans from ~ to 46 different chemical substances. · F°r EPA/ECAO re-evab~--ted 27 ambient water quality crit~ia (AWQC) in light of mom recent d~a_; assessed the impact of local conditions on thc AWQC.s and po~pm~l several hazard assessment · For the National L~_ry of Medicine prqmred updates to the compmcfi2~ Toxicology Data Bank and augmented thc file to conlain data on environmental transport and fate to pemfit evaluation of · For EPA/Office of Research and Development mana~o~l the ~on of ail C~pO~Ul~ assessment for arsenic from CCAqxeated wood. This required documenting of uncertainties in the analysis and developing of a procedure for combining them. 1975 - 1980 ~ Corpomtiun Mc. Lean, VA · For the Umweltbundesamt as part of the OECD Chemicals Working Group activities ~ evaluation. Continued over a three year period to provide assistance to the Umweltbundesamt through the finali~atlon of this effort. · For the UmweRbundesamt prepared a draft outline of a plan to initiate a Germa~ Specimen Bank program. Presemed this dnffi plan at thc kick-off meeting of the OECD working group on spechnen banki . · Served as Project Leader for a joint NCVDOE contract to examine available epidemiological data linking exposure to water pollutards to development of cancer, to examine aquatic bioassays to are concerned with detection of energy-related organic compounds. · For the Division of Cancer Cause and Prevention, NCI, performed the statistical analysis of 2-year long-term studies for 22 compounds and provided prelhninary analysis of each compound's potential · ~ a 3-day workshop 'for over 200 persons ratified Nuclear and Non-nuclear Energy Technologies, The Use of Risk Aszc~mcnt by Government Decision-makem. Managed one phase of a proglam that ~ 38 hazardous waste listing documents. Ovcm~w preparation of environmental fate, toxicity, and reasons for listing sections. Prepared court testimony on chemicals present at Love Canal Analyzed the environmental impact of vinylidenc chloride and nitrobenzene for EPA's Air Strategies Branch. Designed an ewaluation stmtc~ for comparing the effc~ of 700 potential Analy~d thc potcn~ health effects associat~ with various developing enorgy technologies for the DOE. Assisted in the preparation of the Health and Environmental Effects Division's Balanced Program Plan covering R&D for emcrglo'ng energy technologies. 1974 - 1975 Lecturer Haverford College, Dept. of Biology Haven-ford, PA 7/99PSW/Hu~hon Agenda Item No. 9F April 13th, 2004 Page 20 of 31 Taught senior biochemistry laboratory course covering techniques in protein isolation, immunology, electron microscopy, and reaction kinetics. 1968- 1970 Harvard University Comp~ ~ Cambridge, MA Biomedical ~ ~ · Served as a consultant, designed experiments, and analyzed the sta~tical resutts of ~ for the Harvard Scientific Community. · Taught 2-week long daily course (4 times/year) in Computem and Computer Languages for Harvaxd faculty and graduate students. 1988 - 1992 The Weston Instituted West Chester, PA 1989 - 1992 Widener University, Dept. of Engineering, Chester, PA Publications Hushon, J., "Pesticides in Southwest Florida Waterways," November 10, 2003 presentation at the Conservancy of Southwest FIodda, Naples, FL. Hushon, J., "Innovative Risk Assessment Procedure for a Former Munitions Manufacturing Facility," in Proceedings of Superfur~. XVIIL Dec. 1997, pp. 73-76. Hushon, J., "Regulatory Constraints for Repellents," J. of Wildlife Management, 1996. Conry, T., J. Hushon, J. Goldberg and K. Kneeling, "Integrating Operational Environmental Data in an Air Force Base-Wide GIS," Federal Facilities Env. Journal, Autumn 1995, pp. 9-20. Hushon, J., "Trends in Environmental Expert Systems" in J.G. Chen et al., ods., Proceedings of Expersys-94, i.i.t.t., France, pp. 207-212. Hushon, J-, "Fence to Fence or Specific Site Listing?" in Proeeedin~ of Challenges and Opportunities in the Expanding Federal Facility Cleanup and Development Market," Forbes, 1994. Conry, T. and Hushon J., "Using the Comprehensive Planning Process as a Foundation for Managing and Integrating Data Using GIS at Vandanberg AFB" in Proceedings of the 20th Environmental Symposium and Exhibition, San Antonio, TX, 1994, pp. 110-115. Hushon J., et.al., "Comparison of H_a?ardous Waste Site Ranking Models" in 1993 Federal Environmental Restoration Conference Proceedings, Washington DC, May 25-27, 1993, pp. 80-84. Agenda Item No. 9F April 13th, 2004 Page 21 of 31 Hushon, J. "Defense Priority Model: Experience of Developing an Environmental Expert System for Remedial Site Ranking," in F. Cantu-Ortiz and T. Terashima-Marin, eds., Proceedings: International Symposium on Artificial Intelligence, Cancun, Mexico, pp. 252-258, 1991. Hnshon, J. ed., Environmental Expert Systems, American Chemical Society, Washington, DC, 1990. Hushon, J. "The Development of the Defense Priority Model (DPM) for DoD Remedial Site Ranking" in J. Hushon, ed., Environmental Expert Systems, American Chemical Society, Washington, DC, pp. 206--216, 1990. Hushon, J. "An Overview of Environmental Expert Systems" in J. Hushon, ed., Environmental Experts Systems, Vol. 431 American Chemical Society, Washington, DC, pp. 1-24, 1990. Hnshon, J, "Defense Priority Model (DPM) for DoD Site Ranldng' HMCRI, 1989. Kelley, 1L and J. Hushon, "Identification and Analysis of Factors Affecting Emergency Evacuations,' NUMARC/NESP-004, NUMARC, Washington, DC, February 1989. Hushon, J., "Evacuation Information: A Key to Effective Emergency Management," Strategies and Systems for Disaster Survival eds., R.L. Chartrand and K.C. Chartrand, Research Alternatives, Inc., Rockville, Maryland, pp. 143-145, 1989. Hnshon, J., and Komreieh, M.R., "Scoring Systems for 14szard Assessment". Hazard Assessment of Chemicals: Currmt Developments, Vol I11, Academic Press, New York, pp. 63-109, 1987. Hushon, J., "Environmental Expert Systems," Environmental Science and Technology, Vol. 21, No. 9, pp. 83841, September, 1987. Hushon, J., "CORKES: Community Right-to-Know Expert System Design and Implementation" Proceeding of Workshop on Expert and Automated Systems in Hazardous Waste Management, June 16-18, 1987, CRC Systems, Inc., F~lls Church, Virginia 1987. Hushon, J., "Considerations in Building an ES to Assist in Chemical Emergencies." Proceedin~ of the National Conference on Expert Systems and Expert Support Systems, Bethesda, MD, 9-1 June 1986. Hushon, J, "The Evolution of Gateway Technology." Proceedings of Conference on Computer Interfaces and Intermediaries for Information Retrieval, Boston, Massachusetts, 29-31 May 1986. Hnshon, J., "Response to Chemical Emergenci~." Environmental Science and Technology, Vol. 20, No. 2, pp. 11-121, February 1986. Hushon, J. and T. Conry, "Using the Miero-CSIN Workstation to provide Chemical Hazard Information." Hazard Assessment, ASTM, STP-932, 1986, pp. 176-198. Hushon, J., "How Micro-CSIN, a New Gateway to Online Systems, Stacks Up," Proceedings of the ! 986 Online Meeting, Learned Information, New York, 1986. I 7/99/b~tP, quv, hon Agenda Item No. 9F April 13th, 2004 Page 22 of 31 Hushon, J., '`strategy for Using Information Resources to Collec~ Chemicals Data." Proceedings of the Workshop on Environmental Modeling for Priority Setting Among Existing Chemicals, pp. 465-481, 1985. Hushon, J., Clarence-Smith, E., Scopet, J., King, J.A., Powell, J., and Town, W.G., "A Unique Method of Computm4zlng Chemical Process Information." Journal of Chemical Information and Computer Science, August 1984. Hushon, J. and Kornreich, M.R., "Scoring Systems for Hozsrd AssessmenL" Ha:mrd Assessment of Chemicals: Cuxrent Developments, Vol.l 11, Academic Press, New York, pp. 63-109, 1984. Hushon, J, et al., "A Summary of Histov] and Status of thc System Development for the Environmental Chemical Data and Information Network." Journal of Chemical Information and Computer Sciences 23:38-43, 1983. Hashon, J. et. al., "Evaluation of Current Methods for Predicting the General Environmental Exposure to New Chemicals." Chemosphere, 12(6):887, 1983. Hushon, J. and IL Clerman, "Estimation of Exposure to Hazardous Chemicals" in J. Saxena, ed., Chemical Hazard Assessment - ~t Developments, Vol. I. Academic Press, Inc., New York, 1982. Hushon, J., "Approaches to Minimi:dng Level I Testing for New Chemicals Based on Transport and Fate Prediction," Enviromnen~al Quality Life: 75-87, 1982. Hushon, J., and J. Longstreth, "Risk Assessment for 2,3,7,8-Tetrachlorodibenzodioxin (TCDD).' Proceedings of the International Symposium on chlorinated Dioxins and Related Compounds, OcL 1981, 1982. Hushon, J. et. al., "Control of toxic Substance environmental Exposure Analysis and Horard Ranking Within the European Directive 79/831/EEC." Toxic Substances Journal, April 1982. Hushon, J,. "Operational Aspects of the Application of TSCA.' Proceedings of Workshop on Relevance of Laboratory and Field Tests to Predict the Fat~ and Effects of Chemicals in the Environment, Tokyo, September 1982. Hushon, J., "Considerations in Desi~t~ning a Monitoring Program and a Survey of U.S. Aquatic Monitoring Programs," in Proceedings of Workshop on Relevance of Laboratory and Field Teats to Predict the Fate and Effects of Chemicals in the Environment, Tokyo, September 1982. Hushon, J., "Survey of Scoring System-~ for Harard Assessment" in Proceedings of Symposium on Chemicals in the Environment, Copenhagen, Octo~r 1982. Hushon, J., et al., Issue/Fact Book for the Symposium/Workshop on Nuclear and Nonnuclear Energy Systems Risk Assessment had Governmental Decision M_aking, MTR 79W00038, February 1979. Anderson, C, and J. Hushon, Task Force Report on Health Effects Assessment, MTR 7966, August 1978. 7/99/SW/Huzhon Agenda Item No. 9F April 13th, 2004 Page 23 of 31 Hushon, $. and M. Bracken, Protection of Confidential Information in the Gernmn Environmental Agency, MTR.-7891, July 1978. Hushon, J., ct. al., Information Required for Regulation of Toxic Substances, Vol. I-Survey of Data Requirements, Vol-II Survey of Test Methods, MTR-7887, June 1978. Hushon, J. et al., Health and Environmental Effects of Coal Conversion Technology, MTR79W00137 August 1978. Hushon, J. et al., Health and Environmental Effects of Oil Shale Technology, MTR79W00136, August 1978. Hushon, J., et al., Chemical Substances Information Network, Vols. I and II, June 1977. Hushon, I. and M. Bracken, Procedures for Handling Confidential Data Submitted Under the Toxic Substances Control Act, MTR-7635, June 1977. Hushon, J, et al, "Balanced Program Plan", Vol. I. "Biomedical and Environmental Research Program", Vol. II "Energy Technology Focus", MTR-7414, March 1976. II Agenda Item No. 9F April 13th, 2004 Page 24 of 31 Pesticides in SW Flodda ~:~ Waterways ~ Judith M. Hushon, Ph.D. November 2003 Objectives To identify ~e activities contribuUng most To identify the pesticides that am most hazardous To identify the water segments where specific pes6cides am likely to be found Quote from Florida Agdcuiture Scientist . 'Pesacides are not much of a problem in Florida surface water since less than 5% of all samples taken show detection of pesticides above the anahjtical limit. Except for Collier County where >20% of the samples dernonsb'ate pesticides over the analytical limit.' Sources of Pesticides Agriculture (citrus & row crops) Mosquito Control Residential Lawncare Golf Course Maintenance Project Study Area Types of Pesticides · In~ecticides - kill Insects · HeR)icicles - kill plant material (usually weeds) · Fungicides - k~ fungi and molds · Rodenticide - kill rodents I~e,,~;~. Rooenltca:le ~1 Ft~lc'~_ A~ [FIFRA) Agenda Item No. 9F April 13th, 2004 Page 25 of 31 Pesticide Ranking System - Need to identify those pesticides most likely to remain in the water/sediment environment - Need to identify those that are most likely to affect biota in or near waterways · Developed a qualitative ranking procedure for use in this project Not all Pesticides am Equivalent · Obtained data on 146 separate pesticides · Comparison based on: - data for each pesticide, - the application rate, and - ~ application area · Hazard Index (HI) Hl=Env Fate x Toxicity x dose Environmental Fate (EF) · Made up of many different and measurable chemical properties -s~ mo~a~ - Bloconceneation - W.~- ~aty Toxicity · Toxicity determined separately for ~ree target populations based on acute toxicS. - *,qaatk: (4 ..d daehm.! - ~.~t ~! ~ - mrc~ (ma~am, qua~ rat) Water Drainage Areas (WBIDs) · Delineate the land area that drains to a body of water or a certain stretch of a body of water · Used delineation of VVBIDs for SW Florida defined by the State Department of ~" "; ...... ;.; ;',o ;- o ;;o. · Goal is to identify those VVBIDs contributing most heavily to pesticide runoff. Crops by County CmOs Agenda Item No. 9F April 13th, 2004 Page 26 of 31 2 Citrus ~ · Grown in all of b'te target counties · Pesticide usage by county available for 1999- 2002 by crop for oranges and grapefruit · Able to calculate HI for each county and WBID based on usage s~tics Citrus Pesticides by Decreasing HI · copper hydroxide (F) · Nd~arb (~) · Diuron (H) - Copper sb~'a~ (F) · Glyphosate (H) - Ethion (I) · Carb~ (I) - Bmmacil (H) · Simazine (I) · Norlturazon (H) · Sulfur (F) - Sulfosate (H) · ~ (I) · Seoomyl (F) WBID His for Citrus Vegetables · Collier and Hend~y Counties have the most vegetable farms · Torr~toes a~l pfl~m have ~ highest hazard peslicides associated with their propagation followed by watermelons, cucumbers and · Fa~ns have large pumps to remove water from fields whenever it starts raining (time of maximum impact) Vegetables Pesticides by Decreasing HI · Methyl bromide (Fum) · Chloropicrin (Fum) · Copper hydroxide (F) · Chloro~haionll (F) . Mancozeb (F) · End°Sulfan (I) · 1,3-Dtchloropmpene VVBID His for Vegetables Agenda Item No. 9F April 13th, 2004 Page 27 of 31 Agriculture His by County Co~lier Glades Lee Mosquito Control :~ · Carded out by Counties - Collier, Lee and Charlotte Counties have programs (I-lend~ and Glades do not) · Web sites show sprayed/treated areas, but not numbem of b~alments which vary by ~ar - State Agriculture Dep[ has data for mosquito conl~ot c~emical use by counly for 1999-2002 · Generally only spray population centers · High variance from year to year in usage Mosquito Pesticides by Decre~ - Naled o Mel~prene · Fenthion · Permethdn · Temephos - Simithrin · Pyrethdn Charlotte Adulticide Area Charlotte Larval Spray Area Collier Mosquito Spray Map Agenda Item No. 9F April 13th, 2004 Page 28 of 31 4 WBIDs for Mosquito Control Mosquito Control HIs by County 10.000,000 8,0~X).000 6.000,000 4,000,000 2,000,000- Lawncare · Separated lawn(am by homeowners from that by landscape maintenance sena(as · Separated based on population density · Population density numbers availabla through Florida Geographic Data Center · Computed areas by density by V~BID :~ · Assume 80% St Augustine and 20% Bahia grass lawns (different products used) Homeowner Lawncare · Read shelves at Lowes and Home Depot to identify products, % active ingmdiento, and recommended application rates · Assumed mcornmended application rates for lawn(are products · Assumed 1 insecticide and I fungic~le~_.~ available. ~ Professional Lawncare ·Flodda recommended turf management schedule and products · Identities of products and appr~calJon rates obtained from orm local professional pesticide wholesaler and a large national chain (Tru- Green) ~ · Combined data and took an average Homeowner Lawncare Pesticides · In Order of Decreasing HI - Atrazlne (Iff - Camer~g) - Blfaae~n - Pencameewaa (H) - ~.~emm (,) Agenda Item No. 9F April 13th, 2004 Page 29 of 31 5 Professional Lawncare Pesticides · In order of decreasing HI: - ~dn - T~unmn - Lam~n (I) - Cyfluthrk p) - Fipmnll (I) - Ox~b=on (H) WBID His for Lawncare Golf Course Pesticides · PmPanKI a I~t of t62 gotf c(xJme~ In I~e pro~ study - OMalned a iI~t M ~tandard golf courae i)mltlclde~ Awaiting r~ult~ Combining His by WBID · Because the His are calculated based on pounds of active per acre, It is possible to sum the His from various exposures. · Therefore we can sum lfle His for vegetables, citrus, lawncam and mosquito control · Later we can add golf courses as ,*- WBID HI totals Conclusions to Date · The methodology wolfs to diffemnUate ames of potentially high pesU(:i~ impact · Ames of potential concam are located in each of the five counties · Agriculture is the greatest source of pesticides wilh row crops > citrus - Row crops >> lawncare > citrus · mosquito control · Affects aquatic biota · insects · birds overall Agenda Item No. 9F April 13th, 2004 Page 30 of 31 6 Designing a Sampling Program · Focus on the VVBIDs with the greatest poteritJal · Focus on those pestiddes that ara most likely to be present and likely to be ~_ ~rds · Develop a surface water and sediment sampling program that win confirm their presence heavy rainfafl after ~ dry months. · Looldng for grants to cover the costs of sampling and analysis. Agenda Item No. 9F April 13th, 2004 Page 31 of 31 7 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE TOURIST DEVELOPMENT COUNCIL OBJECTIVE: To appoint 2 members to serve 4 year terms expiring on April 21, 2008 to the Tourist Development Council. CONSIDERATIONS: The Tourist Development Council has 2 terms expiring on April 21, 2004. This 9 member council was established by Ordinance No. 92-18 as an advisory committee to make recommendations to the Board of County Commissioners regarding a proposed plan of uses for tourist development tax revenues, for the effective operation of the special projects or uses of the tourist development tax revenues, and to review all expenditures of revenues from the tourist development trust fund. This council consists of the Chairman or designated representative of the Board of County Commissioners, 2 elected municipal officials, 3 owners or operators of motels, hotels, recreational vehicle parks, or other tourist accommodations in the county and subject to the tourist tax, 3 individuals involved in the tourist industry who have demonstrated an interest in tourist development, but who are not owners or operators of motels, hotels or other tourist accommodations. The council shall meet at least once each quarter. Terms are 4 years. A list of the current membership is included in the backup. The terms for Joseph N. Dinunzio (Owner/Operator) and Rhona E. Saunders (Non-Owner/Operator) will expire on April 21, 2004. A press release was issued and resumes were received from the following 9 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Ronald Albeit Owner/Operator 2 Yes None Joseph N. Dinunzio re-appt Owner/Operator 2 Yes Tourist Development Council Douglas House Owner/Operator 5 Yes None Nicolas P. Hemes Non-Owner/Operator 4 Yes None Murray H. Hendel Non-Owner/Operator 4 Yes None D. Richard Banks Non-Owner/Operator 4 Yes None Rhona Saunders re-appt Non-Owner/Operator 4 Yes Tourist Development Council Reg Buxton Non-Owner/Operator 3 Yes Collier County Citizens Corps April Meffert Non-Owner/Operator 4 Yes None COMMITTEE RECOMMENDATION: Reappointment- Joseph N. Dinunzio, Owner/Operator Reappointment - Rhona Saunders, Non-Owner/Operator FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: APRIL 13, 2004 Agenda Item No. 9G April 13th, 2004 Page 1 of 32 Apr. 6. 2004 7:lSAM collier [ourism No. 1918 TO: FROM: DATE: Su~ Filson, Executive Maz~g~ Board of County Commissioners >' '':'p. "'~, ,.~;'m-%, Jack Were, Tom'ism Bxectnive Dtrecto%.~bt/~v~ ' March 29, 2004 Tourist Developmm~ Council CrDC) Recommendation ~or appointr~nts P. 1 In re, pome to the TDC's adverthed vacant pmitior~, 9 applicatiora were received. The TDC i~ forwarding the~e application~ for the County Commission comlderation of a four-year appointment eapirtng April 1, 2008. Tho appllcaat~ are resldeat~ of Collier County and are re~st=~d ~o vote. This 9 member council waz created on March 25, 1992 by Ordinance No. 92-18 to ma~ recommandation~ to the 2~oard of County Commi~ioners regarding a propo~ed plan of u~ for tourist development ta~ r~venuss, for the effectlw operation of the ~ptctal proJsat.~ or u~ez of tourist d~mlopment tru~t ~. Mt~nbershlp cor~i~t of the Chalrman of the BCC, $ owner/operators, J non-owntr/optratora and 2 elected muntci, t, al o. fficlal~, Ttrrna are 4 y~ar~. NOT~: ~CC adopted Ordinanc# 200-44 on 6/27/00 as followm The City of ~rgladt$ and th~ City of Marco I$land shall alternate az the second municipal member. In th~ event that other municipaliti~ are legally created in Collier County, then thate munlctpalitl~ shall be Included in the rotation procez~ for the second muniaipal ae. at, l~olution 2002-226permitting munlci£alitte~ to recommend TDC appointees. Thare are ourn~y two vaca~i~, one for non owner-opa'ator and ~e f~ own~-op~t~. At ~e M~h 29, 2~ ~C m~in8 it ~ .a ~o~ vae to rm~d J~h Dido In ~o O~/~a~r ~ 30 y~ara ~tp=le~c~ in adw~s~g ami publio with num~ots lsisinau dior~ tn tho Tourinm/I'hpltallty Please advise should you need additional Information. Agenda Item No. 9G April 13th, 2004 Page 2 of 32 - No. 1918 P. 2 Apr. 6, 2004 7'15AM collier tourism Paqe 3 of 3: Apr. 6. 2004 7:16AM co]tier tourism No. lgl$ P. 3 G )4 Page 4 of 32 Apr. 6. 2004 7:16AM collier tourism No. 1918 P. 4 Agenda Item No. 9G April 13th, 2004 Page 5 of 32 Apr. 6. 2004 7:16AM collier tour sm No. 1918 P. 5 Agenda Item No. 9G April 13th, 2004 Page 6 of 32 Tourist Development Council Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Chairman Donna Fiala 3301 E. Tamiami Trail Napleg, FL 34112 E-Mail: donnafiala~coiliergov.net District: 5 Category: BCC Chairman Councilman John F. Sorey 735 Eighth Street South Naples, FL 34102 E-Mail: couneil~naplesgov.eom District: 4 Category: Municipal Officer - City of Naples 43~01 Mr. E. Glenn Tucker 50 Bald Eagle Drive, Suite 204 Marco Island, FL 34145 E-Mail: friartuck3725~cs.com District: 1 Category: Municipal Off, iai - Marco Island Mr. Joseph N. Dinunzio 249 St. Andrews Boulevard Naples, FL 34103 E-Mait: qignaples~aol.com District: 1 Category: Owner/Operator 261-6046 775-0342 Mr. Robert J. Dictor 141 Gulfport Court Marco Island, FL 34145 E-Mail: robert.dictor~marriott.com District: 1 Category: Owner/Operator 642-2600 389-2638 01/13/04 03-09-04 05/02/00 03/23/04 05/02/00 03/11/03 01/1 !105 04/21/08 04/21/04 04/2 1/08 04/2 1/04 04/21/07 I Year 4 Years 4 Y~rs 4 Years 4 Years 4 Years Thursday, March 25, 2004 Agenda Item No. 9G April 13th, 2004 Page 7 of 32 Tourist Development Council S~me Work Phone ,4ppt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. David Loving P.O. Box 619 Everglades City, FL 34139 E-Mail: ep 1401 ~_,aol.com District: 5 Category: Municipal - Everglades City 649-7455 03/11/03 695-0656 04/21/07 Ms. Rhona E. Saunders 3770 Parkview Way Naples, FL 34103 E-Maih medla~naples.net District: 4 Category: Non-Owner/Operator ! 1/24/98 434-923O 05/02/00 04/2 1/00 04/01/04 Mr. Kevin M. Durkin 101 Debron Drive Naples, FL 34112 E-Maih kmdnaples~aolcom District: 1 Category: Owner/Operator 455-1010 02/08/00 03/26/02 04/2 1/02 04/21/06 Ms. Susan M. Becker 371 Eleventh Avenue South Naples, FL 34102 E-Mad: sssbecker~msn.com District: 4 Category: Non-Owner/Operator 261-7708 03/26/02 04/2 1/06 Mr. H. Kent Stanner 515 Wildwood Lane Naples, FL 34104 E-Mail: bstanner~imgworld.com District: 4 Category: Ad Hoc Advisor 02/23/99 649-5098 03/11/03 04/2 1/03 04/21/07 4 Years 2 Years 4 Years 2 Years 4 Years 4 Years 4 Years 4 Years Thursday, ~[arch 25, 2004 Page 2 of 3 Agenda Item No. 9G April 13th, 2004 Page 8 of 32 Tourist Development Council Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term This 9 member council was created on March 23, 1992 by Ord. No. 92-18 to make recommendations to the Board of County Commissioners regarding a proposed plan of uses for tourist development tax revenues, for the effective operation of the special projects or uses of the tourist dewelopment tax revenues, and to review all expenditures of revenues from the toudst development trust fund. Membership consist of the Chairman of the BCC, 3 owner/operators, 3 non-owner/operators and 2 elected municipal officials. Teems are 4 years. NOTE: BCC adpoted Ord. 2000-44 on 6/27100 as follows: 'The City of Everglades and the City of Marco Island shall alternate as the second municipal member. In the event ~at other municipalities are legally created in Collier County, then those municipalities shall be included in the rotation process for the second municipal seal Reso 2002-226 permitting municipalities to recommend TDC appointees. FL STAT 125.0104 Staff: Jack Wert, Tourism Director:. 403-2384 Thursday, March 25, 2004 Agenda Item No. 9G April 13th, 2004 Page 9 of 32 MEMORANDUM DATE: February 23, 2004 TO: FROM: Elections Office ~ Sue Fiison, Executive Manager Board of County CommissionersX-d 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. TOURIST DEVELOPMENT COUNCIL Ronald Albeit 1919 Timberline Drive Naples, FL 34119 Nicolas P. Hemes 4734 Stratford Ct., Unit 1703 Naples, FL 34105 Murray H. Hendel 4301 Gulf Shore Boulevard Naples, FL 34103 D. Richard Banks 2215 Hawksridge Drive, Apt. 802 Naples, FL 34105 Rhona Saunders 0,3770 Parkview Way ,~-~4aples, FL 34103 ~ Joseph N. Dinunzio 249 St. Andrews Boulevard 7 Naples, FL 34113 o Douglas House 408 Buekner Avenue Everglades City, FL 34139 COMMISSION DISTRICT Agenda Item No. 9G April 13th, 2004 Page 10 of 32 Reg Buxton 11828 Q~jail Village Way Naples, FL 34119 April Meffert 925 Eighth Avenue South Naples, FL 34102 Thank you for your help. Agenda Item No. 9G April 13th, 2004 Page 11 of 32 MEMORANDUM DATE: TO: FROM: February 23, 2004 JackWert, Tourism Director ~ /~_ Sue Filson, Executive Manager, Board of County Commissionerg,~/ Tourist Development Council As you know, we currently have vacancies on the &hove-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: Ronald Albeit 1919 Timberline Drive Naples, FL 34119 Nicolas P. Hemes 4734 Stratford Ct., Unit 1703 Naples, FL 34105 Murray H. Hendel 4301 Gulf Shore Boulevard Naples, FL 34103 D. Richard Banks 2215 Hawkmidge Drive, Apt. 802 Naples, FL 34105 Rhona Saunders 3770 Parkview Way Naples, FL 34103 Joseph N. Dinunzio 249 St. Andrews Boulevard Naples, FL 34113 Douglas House 408 Buckner Avenue Everglades City, FL 34139 Reg Buxton 11828 Quail Village Way Naples, FL 34119 Agenda Item No. 9G April 13th, 2004 Page 12 of 32 April Meffert 925 Eighth Avenue South Naples, FL 34102 Please let me know, in writing, the recommendation for appointment of the adx, isory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Agenda Item No. 9G April 13th, 2004 Page 13 of 32 17.18 FROM,R£GISTRy RESORT ID ,941~977168 Application for. Advisory Committees/Boards PAGE Bokrd of County CommJsaiouers 3301 East'r=damf Taft " Nap]es, FL 34112 .. (239) 774-8097 Fax: (239) 77~2 Name: Ronald Albeit Home Address: 1919 Ti~nbertine Drive., Naple~ FL Home phone: 239.596-94~ [ 8._,_~in_~_ Phone.~ 239-594-6001 ] 7Jp Code: 34119 e-mail address: ralbelt{~d~aplesre.qor~..eo, rn ] F~x: 239-$97-3128 Board or Committee Applied for: 'l'oarlat Developmen_t _ Category (ifaug!l~ble) Ow.ner/Opers~_r Example.' ~om ~e you a re~ed voter in Co]II~ Co~tyT Do you cu~eot~ hold public office? lf~ wh~t n~ do 7ou hold? Do ~ou.now se~e, or have .you ever served on a Collier Coun~ ~ogrd or eommltt~7 ~ ~ ] ! f ye~ idea. lSs: the IMard~/committees: Naples Visitors Bureau, Greater Naples Chamber of Commerce, Board of Directors. * Florida GuLf Coast UniversI .t3, - Resort Hospit~uty AdvL~r7 Board Leadership Collier Education: MBA, International Fin~_nce: B.S. Aceounting [Lynn University). ~*~nc[ates Deg~ree in Hotel _ & Restaur'o_ n..t .~Lxnagement CNew York State University) -ExPerience/Background: General Manager-Registry Resort and Club. [e~d and dJre~t all resort ~-- opcra~ions, strategic pL~mning, community relmtlons, corporate Rooms Division Manager - Boca Raton Resort and Club. SupervL~ front o~_,~e, bellmen & .~Responsible .. for __ revenue _ and ~'eld mana*,em~nL ~ . welcom';r~,n and q..onwm]cr- tmca aaron Resort and Club. Superv~u~.a,.,.,,untlng m~napers, c(~ntrol and man. cash, responsible for safeguarding company a__qs~_, sign checks. A~sistant Controller - Boca Retch Resort & Club;' sUPetwise accounfl- flow profecflons~sfgn ch~ks~ control cash disbursements. F.ogd & Bevel-age Controller- Boca Retch Resort & Club. Respons~la to estab)~.~ and maintain Juvente safeguard asse~, reconcile and analyze monthly fnvenrorT, perform audits of food and bew,-age s~m, and control~, supervise accounting clerks. 2/3 .......... .,~,~, ~ t~vtm,~t~,,/c.~u,.~c,~,~ Agenaa/[em No. ~ April 13th. 2004 Page 14 of 32 rt&Gub NAPLES RON. AI.BEIT, GENERAL MANAGER OF THE R'E~Y RESORT & CLUB NAPLES, FLORIDA -- Mr. Kon Albeit brings energy and experience to The Kegtstry Re~ort & Club in Naples, Florida. AS the general manager for r. he 474 room resort, Albeit focuses on doll,/operations, capital ~nhancement project-t, resort marketing, and financial developments. AE_beit came to The Regism/Resort & Club in 1999 a/tot 20 ,/eaz~ experience at it~ sister property, tlae Boca Raton Resort and Club in Boca Raton, Florida. Much of his hc~pitality management experience 'has been in accounting, beginning his career with Hilton Hotels Corporation in food and beverage purchasing- Albeit opened the New Orleans Hilton, then moved to South. Fkrrida to join the Boca Re~orts, Inc. team. ~Fhe ~ynergy that can be acbaeved by being part of Boca Resom, Inc. ~ill help to standardize the services we provide to our ~ests," comments Albeit. "AS an organization, we constantly strive to improve our standards ensuring the ~est's unique resort exl:mrience.~ As a graduate from Lynn University in Boca Katon, Flor. ida, Albeit earned a masters degree in international finance and a bachelors degree in accounting. He al~ hol& ,-mas, ociat~ degree in hotel and restaurant management from the New York State University. Community minded, Albeit i~ committed to variotm l~caI organizations such as the Napl. es Visitors' Bureau and the Chamber of Commerce as well as ~rving on the advi~ry board for the Florida Gulf Coast University School of Hospitality. For information or golf travel package reservations, contact ,/out travel agent or The Kegistry Resort & Club at 800. 247.9810 or 239.597.3232 or visit the web site at www. re~gtryr, esort, e~rn. Agenda Item No. 9G April 13th, 2004 ' Page 15 of 32 The Greater Naples Chamber of Commerce February 13, 2004 Ms. Sue Filson Executive Manager to The Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 Dear Ms. Filson: On behalf of the Greater Naples Chamber of Commerce, I write to support the consideration of Ron Albeit, General Manager, The Registry, for appointment to the Tourist Development Council [TDC]. Mr. Albeit, a distinguished member of The Chamber's Board of Directors and a graduate of the Leadership Collier Program, is an expert in hospitality and tourism. He is thoroughly competent and knowledgeable. He enjoys a national reputation as among America's finest in his industry. Most importantly, Mr. Albeit is an outstanding citizen. He appreciates and understands the importance of public service. He is among those who are willing to contribute to the improvement of the quality of life for all Collier County's citizens. Ron Albeit will immeasurably enrich the efficacy of the TDC's deliberations during this most difficult time in our nation's history and will assist Collier County Government make wise decisions as it faces current challenges. Mr. Albeit enjoys the confidence of Greater Naples civic, business and philanthropic leaders. He has The Chamber's unqualified recommendation. sb ' ' Michael V. Reagen, Presidl~nt. Agenda Item No. 9G ADAUItlSTIATIOI! - 3620 hmiami IH Nm'th - Naples, Fkxida 34103-3724 - I'hom (239) 262-6376 - Fox (239) 262-8374 - w~l~prd~lrm2004 VISITOIt & INFORAU~ION C~NTEIt. 895 5~h Argue ~ - Naples, [q~ide 34102-~605 - Phone (239) 262-~141 - I:ax (239)~.~0 'J 6 of 32 Feb OS O~ O~:51p Board of Count)' Commissioners , Application f~r Advisory Committees/Boards Category (if applicable); F~x~raplc Camml~m DL~'iek l~zwloi~r, e.~vironmcnklt~t~ I~y l~er~o~ ~. Are you a registered voter in Collier County.: Yes._.N~' Do you currently hold public office? Yes. No If so, what LI ~at office? NO Do you now se~-ve~ or have you ev~' lerYed, on · Collar County board or committtt? Yes If },e~, please list the committees/boards:. Please llst. you~r community activities (civic c~pbs, neigbborlloo~ as~ocia~on~.etc, a_nd positions bel~. ,~/~ to th# Board of County Commh~one~ 3301 East Tam~a~d Trail. Napl~ FL 3411~ lf you ~l~h, plea~ fax your appliv~ion (239) 774-3602 or o~nail tO sttetTl.:on~,~Mlier~o~ne~ Thamkyoufor ~olunteerlag ~o s~r~e the c~'rzn~ of Collier County. Agenda Item~J~. April 13t1~,, 2004 ! Page 17 of 32 F~b 09 O~ 04:51p Ga~ Rr:~ros 239-514-1803 NICOLAS P. HEMES heme$@msn,com 6017 Pine Ridge Road, Suite 236 Naples, Florida 34119 Phone: 239.649.1426 Cell: 239.293.7235 Fax: 239.649.1428 MILITARY SERVICE: EDUCATION: Royal Air Force- Middle East Command (1956-19,58) - Air Controller B.A. Marketing, London University, London, England QUALIFICATIONS: EMPLOYMENT: International Marketing and Sales Consultant for over 45 years 1958-1960 Media Manager - Ogilvy Mather, London 1960-1~63 Media Group Planner/Buyer- BBD&O (Omnicom}, NYC 1963-1970 International Soles Director- Hearst Mogczz/nes, NYC 1970-1978 Associate Publisher- 3M Company, Minneapolis & L.A. 1978-1987 President, Mall Media and Vice President Martin Communications, Los Angeles 1987-2004 Chairman, International Marketing Consultants Naples, Rorida CHARITIES: Diabetes Associates at Cedars Sinai Medical Center, Los Angeles Executive Board of Directors (1971-2000) California Highway Patrol (1199 Foundation) -La Habro, California Life Member J1994 to Present) GOVERMENT POSITIONS: City of Indian Wells, California - Public Safety Commissioner J1995-2000) City of La Quinta, California - Cultural Arts Commissioner (2003] Slate of Florida, Florida Highway Patrol- Civilian Advisory Council (2001-present} AFFILIATIONS: Chamber of Commerce - Naples. Florida ESPN Television Dye Designs - Denver, Colorado POLITICAL CAMPAIGNS: 2000-2001 Councilperson Bobs Henderson - Jupiter. Florida 2001-2002 5tale Senator Jeff Atwater - Palm Beach, Florida 2003,-2004 Henderson for Mayor- Jupiter, Florida Agenda Item No. 9G April 13th, 2004 Page 18 of 32 Feb 09 Ga~ Rrc~ros 239-514-1803 IO.3 State of Florida DEPARTMENT OF ItIGttWAY SAFETY AND MOTOR VEHICLES FRED O. DI~SON Executive Dh~ctor September 5, 2001 JEB BUSIt ~c~etzr~ of ~ BOB B~WOR~ ROB~ F. ~JJG~ Com~o~r TOM GA~AGH~ ~mr ~ C~ES ~, BRONSO~ Co~ ~ A~ Mr. Nicola~ P. Hemes 103 South U.S. #1 Suite F-5 Jupite. r, Florida 33477 Dear Mx. Hemes:' I have been advised by Major'Richard D...Carpenter, Troop Commander, Troop K, Florida Highway Patrol that you have returned to Flofidm He has recommended that your appointment to the Florida Highway Patrol Advisory Council be reconfirmed. It is my plea.sure to confirm your appointment as indicated in previous correspondence dated Mm'eh 12, 2001. I look forward to working with you in the future. Thank you for your interest in set-ting as a council member. Sine=ely, ~ Colonel~~ Director Florida Highway Patrol CAK/kc CC.' Lt. Colonel Paul B. Taylor Lt. Colonel Michael L. Boles . Lt. Colonel Billy Di~ Major Richard D. Carpenter Mr. Jim Rus~akis, President, FHP Adv/sory Council Mr. Vernon Smith, Treasurer, FHP Advisory Council DIVISIONS I FLORIDA .,.,, ,,:_,--.- ,,-,---- ~------- "'~=- '~'"" Agenoa It'll! mU. ~u April 13th, 2004 Page 19 of 32 )F ;TY AND MOTOR VEHICLES September 5, 2001 JgB BUSH BOB BUTTERWORTH ROBERT F. ~.LIGAN TOW GALLAGg~2R Tr~mur~r m~ C~~ ~ BRONSON (750) 777-7000 FAX (760) 777-7101 itc F-5 ivised by Major Richard D.,carpenter, Troop COmmander, Troop K, 'ol that you have returned to Florida. He has recommended that your orida Highway Patrol Ad .visory Council be recon~ed. your confirm your appointment as indicated in previous correspondence ~ok forward to working with you in the future. your imerest in serving as a council member. 3tioned in your .m, please don't ithin 30 days of Sincerely, Colonel Director Florida Highway Patrol ,orking with you bursday of every Iodie Horvitz, 'aul B. Taylor ~lichael L. Boles lilly Die-kso- -- -,aids, President, FHP Advisory Council ~mith, Treasurer, FItP Advisory Council IIGlt~VAY PATROL - DRIVER LICENSES · MOTOR VI~HCL~ - ADMINISTRATIVE SI~VICES Agenda Item No. 9(:~. April 13th, 2004"--J~,-/ Page 20 of 32 ~ebruary 4, 2003 1967 Rr~;~lrOS CITY 01: Il, lOll:lq, h~'l.J_S 239-514-3.803 p.5 I 768 54E* ~,~T p.0!/01 2002 TO Whom It May Concern: RE: Nicolas Hemes tn 1997, Nicolas was one of two cMtians appointed ta the Public Safeet Commit~e. I understand I'rom other committee members that Nicolas was a valued member and very. instrumental in helping to accomplish the goals of that committee. In 1998, Nicolas was e,ectec~ to the Fire Access Maintenance District board. This is an HOA board t~at governs the Indian Wells Country Club. Not only has Nicolas been active In the c!vic affairs for the Oty of Indian Wells, he is very involved with the California Highway Patrol. Nicolas is a member of their 31-99 club. Along with donating his tjme to speOal event~ he helps organize their annual golf tournament- Nicolas aL~o volunteers for the Bob Hope Chwsler Oassic golf tournament and Padfic Ufe Open tennis toumamenL ! have known Nicolas for s~× years and have observed him to be a hard and consdenUous w~rker and a mare p~3yer. ! would recommend Nicolas as a committee member to any organ~.ation. Please feel free to contact me if you have other spedfic que~ons. Rober~ Bemheimer Mayor 'ret: (7~;0) 34& 44-9~0 ELDORADO D~t¥I (760) 346-0407 lNolAn ~[~%Ll.$, CA 92210 TOTRL P. 01 Agenda Item No. 9G April 13th, 2004 Page 21 of 32 Board of County Commissioners (Z39) ';74-8097 . .,:/..,.:: Fax: (:239) 774-3602 ' Application for Advisory Committees/Boards Name: Murray H. Hendel Home Address: 4301 Gulf Shore Blvd. Fax Nb 263- 8478 B,,alness Phone: Business: Home Phone: 262- 0738 Z~p Co4~ 34103 ~mail add~: murrp2h @ aol. com Board or Committee Applied for:. Category (if applicable): .... Are you a registered voter in Collier County: Yes X Do you currently hold public office? Yes No If so, what is that office? Tourist Development Council No X Do you now serve, or have you ever served, on a Collier County board or com~? Yes If yes, please list the commi~e~s/boards: No X Please llst your community activltie~ (civic clubs, neighborhood associations, etc. and positions held: See Attached Education: Experience: Agenda Item No. 9G April 13th, 2004 Page 22 of 32 MURRAY H. HENDEL 4301 Gulf Shore Boulevard. N., g600 Naples, Florida 34103 (239) 262-0738 Graduate: New London, ~cut University of Connecticut- B.S. Degree U.S. Air Force: 4 Years Certified Public Accountant Positions: Internal Revenue Service- 1957-1962 Hartf~ Connec~cut Internal Revenue Service - 1962-1967 Washington, D.C. Feld Leasing Co. - {967-1974 Kansas City, Missouri Financial Vice President Consulting: Geico Corporation - 1974--1987 Minneapolis, lvfmnesota Vice president-Operations; Senior Vice Presidem General Elecatic - 1988-1989 - Governm~ Affairs Naples, FL International Exeo.,tive Service Corps. - 1993 Lanka Orix Leasing Company - Management Devel~t Colombo, Sri Lanka Internafioml Executive Service Co~. - 1997 ~ Utility - Pension Plan Developm~t Moscow, Russia Natioml Presidential Award- President Johnson- 1964 Pr~idenfial Citation- 1964 Secretary of Treasury Award- 1964 Superior ~ Award- 1961 Special Service Award- 1964 Treasury ~ Awards - 3 Community Activities: Naples Presi~ - GulfShor~ Association of Condominiums President - Park Plaza Condon~mn V'~.e Chairn-mn - Board of Tmstces- General ~ Syste~ Member- Police ~ ~ Board M~mber- Firefighters P~sion Trust Fund Agenda Item No. 9G April 13th, 2004 Page 23 of 32 · Fei" O9 O4. 02: 0Bp Board of County Commissioners 3301 Eaat Tamiaml Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Application for Advisory Committees/Boards Fax No. Business Phone: Board or Committee Applied for: '~'l~t ! r~.~ Category (if applicable): F..x~nl~c Commission Distr~ De~lopev, erzvtvtma~nmilrk lay t:~a, ~ Are you a registered voter in Collier Coant~: Yes ~L- No Do you currently hold pubUc office? Yes. No If so, what is that office? DO you now serve, or have you ever served, o~ t Collier County board or commt~e? If ye~, please list the eommitxees/boards: No ~ Please llst your community activities (civic cinbs, neighborhood a~.sociations~ etc. and p~o~Jtton~ held: F~perience: Agenda Item No. 9G April 13th, 2004 i Page 24 of 32 Fe~ 09 04 02:0Bp DICK BRHKS 2994350823 Nearly 30 years ofbanldng experience, mostly with Marine Midland Bank, N.A (now HsBc) in New York City wh/ch/ncluded head/ng a group marketinE and lending to corporations. This was followed by two years/n Hong Kong with Marine's parent bank, HSBC, where I coordinated global marketing and lend~ng W U.S. corporations. I then returned to Max/ne to head the pub]/¢ finance group prov/d/ng letter of credit support for bond issues for municipalit/e~ and authorities. Credit exposure in each group exceeded $1binion This was followed with over 10 years of marketing experience successfully promoting sol'tware and consulting services for I~I)S, Oracle and Pr/cewaterhouseCooper& I believe with my unique combination of senior banldng and marketing positions I could make an important contribution to either the Housing Finance Authority or the Tom'ist Development Council I live here year-around, am retired, 67 years ofage,'in good health, physically active, and looking for an oppertunity to participate meaningfully in a co ..... ,unity activity. Agenda Item No. 9G April 13th, 2004 , Page 25 of 32 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Home Address: 3 ~ ?O p~'V/e_~9_ ~o~ Fax No. ~O ~ ~ BuS~ rhone:~ ~' ~ ~ Boa~ or Co~"~ appli~ for: ~ ~ f 9~<~~ EO~~ Cat~o~ (if app~ble): ~ o~/o~ f~ Ezample: Commi~ion Dl~c~ D~do~, en~n~m~ lay ~ ~ Are you a r~ter~ voter ~ Collier Count: Y~ ~ No Do you currently hold public office? Y~ No ~ . If~, what b that office? Application for Advisory Committees/Boards Home Phone: ~.~ ~'~ Zip Code: 3 Do you now serve, or have you ever served, on a Collier County board or committe~? Yes ~ No Please list your community activities (civic clubs, neighborhood associations, etc. and oositions Edu'cation: ~' ¢ '~ ~ ~ ~ nce Page 26 of 32 Feb 04 04 12:27p p.1 Board of Count)' Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Application for Advisor3~ C0mmitteeS/B6a'~d~ Home Address.e'L..~ ~ ~ iiX~.,x,.~_~, .,._¥.~.~. Fax No.~. 1,\ '-~,'~.-'&.'"~ Business Phone: Business: <>xs~ s,~,~r.. ¥-~,'~,r~.}_~ · Board or Committee Applied for: ~ Home Phone:~'~'~ ~'- ~'~t'l~. Zip Code: --~x_~ e-mil Category (if applicable): ~ ~,> ~ ~, .n-~_. ~ c--,.r~ ~'~,~lR~:~"'r- Example: Commlsslon DisWi~, Do'eloper, ~nvi,roamcntallst, iay~er~osh eta. Are you a registered voter in Collier County: Yes ~ No Do you currently hold public office? Yes If so, what ia that orris? No. ~ Do you now serve, or have you ever served, on a Collier County board or comrnitlee? Yes ~ No If yes. please list the comrnlttees~bo~rds: ~ (" ~ Please list your community activities (civic clubs, neighborhood a~sociat/ons, etc. and positiona held: Ple~e attach ~ny add~'onal Information you f~l pertlnen~ 7-~h ~oplic.~tion should be for~.rded to S~t Filson, ~e Matmger to the Board of CounO~ Cotnmlts~one~, 3301 East Tamitoni Tr~7, Araple~, FL 34112, If you wlth~ plt~e ftoc y~ur a~pllt~'ott to 059)774-3602 or e-mall to ttte~t.~on(d-~olHerg~ o~.t~t'~. ~Tttt~k yOu for volunt~dng to serm the ~ of Colller County. Agenda Item No. 9G April 13th, 2004 Page 27 of 32 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Name: '~__J.Z~]l~ ~DU.-5¢-- HomePhone: 23~-bq5- 3'?hZ J Home Address: L'~LO~) "~jXC, kY'~.C /~v"~,. Fax No.~ ' ~" ~ Business Phone:~3~- ~' Board or Committe~ Applied for: ~ ~re you a reghtered voter in Collier Count: Ye~ Do you currently hold public office? Yes No If ~o, what i~ that Zip Code: e-mail address: No Do you now serve, or have you ever served, on a ColLier County board or committee? Yes V/ If yes, please list the committees/board~: No Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: J~LK5 Ct~e~ , Education: 12. f~- c:~i'prc~e-... Experience: ic~kO- Iqq~r - iqqq- JqSi - Please attach an), additional information you feel pertlnent. Thi~ Application should be forwarded to Sue Filson, Executive Manager to the Board of County Commissioners, $301 East Tamlami Trail, Napier, FL 34112. If you wish, pteaJe far your applic~ti~a to (941) 774-$602 e-mailtosuefdson(~colller~ov, nef. Thank you for ~olunteertng to serve the cltlzens of Colller County' Agenda Item No. ~g April 13th, 2004 Page 28 of 32 Feb 19 04 O7 A H~ F~ Bu B~ Ar~ Do ~ Doy~ 13p re~ buxton 239-514-23B1 p.1 Board of County Commissioners 3301 Ea.s! Tamiamf Trail Naples, FL 34112 (239) 77-b41097 Fax: (239) 774-3602 ~plication for Advisory Committees/Boards .. /,' , / ~ou a regis~red voter in Co,Ilia- Couuty: Yes ~ No ~).u ca~ bold public office? Ye~ No ~ NO ~Rst ypur community activities (civic el, L-- -,.~.L ....... to the. ~) Agenda Item No. 9G April 13th, 2004 Pagei 29 of 32 :3' Application for Advisory Committees/Boards ~') 39': 774-8097 ax: (239) "" ~ '" Co.qlnl,sslo r(e, l~aard of C:)tlnty : ' '" 33(}1 East Tamiami Trail Nal31e% FL 3-~i12 Name: April Meffert Home Address: 925 Eighth Avenue South ~ Code: 34t02 Home Phone: 263-8833 [ Business Phone: 263-3317 e-mail address: meffert~comcmgt.net Board or Committee Applied for: Tourist Develol)ment Council C~fap iic'able~ non-owner/operator Egam~le.' Commission Dtsrrlct~envh'onmentaUst, C'trLzen-At-Lar~e, -Are you a re~qstered voter in Collier Coun- Do you curTenflv hold ~ublic office? ~,~t ofhce do 3on hold.* ~ _~~ ever served on a Collier County board or committee.* 3~ please list the boards!committees: ~No X Please list xour community actixifies {d,-lc clubs, ne!Ehborhood ns~octmtor~s, etc. and positions held): Leadership Collier, Naples Better Government Commitlee BOD, Greater Naples Chamber of Commerce. The Conserwanc~'. Florida Master Naturalist. Experiencc~'Background: I believe my background in the hotel indust~' and present position as Presiden! nfa charter boat company makes me a unique anti well-qualified candidate for a non-owner representative, flaying been a controller for the Hyatt Regency corporation, I have an understanding of hotel finances, thc impact outside influences have on the hotel industry, and in tm'n, the repercussions for the entire community. A substamial portion of business brought 'to the hotels is due in part to the amenities that the community offers. As President of A&B Charters, I fully realize the economic health of m)' business, as others in these sxambiotic relationships, rest in large part on 'the ability fi-om the individual xfsitor to the large convention .roups to acquire their desired aecommodatians. A&B Charters. Inc. is a charter boat compan}' that hats o~vned and brokered boats in Naples roi- the last 25 years. We offer deep sea fishing, backwater fishing, sailing, shelling-eeo tours, .~unset cruise~, and dinner ~ruises. We work with both Convention Services and Concierge Services with the larger hotels in oar area. A considerable amount our business depends on convention groups worldno., directly x~ith the hotei or through a destination management company. Agenda Item No. 9G April 13th, 2004 Page 30 of 32 2, 2004 Ms. Sue Filson, Executive Manager Board of County Commissioners 3301 East Tamiami Trail Naples, Florida 34112-4977 Via Facsimile 774-3602 Re: Tourist Development Council Dear Ms. Filson: We are in receipt of your letter of Jaouary 30, 2004 regarding the expiration of the term of Marco Island Councilman E. Glenn Tucker for the Tourist Development Council. Councilman Tucker recently resigned in compliance with the Board's policy that elected officials seeking election to public office cannot serve on a Collier County Board. You advise that Councilman Tucker is eligible for reappointment. We assume that his resignation does not alter the fact that he can be appointed following our City's March 9~ election. Your letter advised that Coundlman Tucker's updated application should be submitted to your office by February 20, 2004. It is not possible for Councilman Tucker to meet that deadline, nor is it practical for the Marco Island City Council to consider another Councilor for appointment since four of the seven Councilors are seeking reelection. Please let me know if the date can be extended to a date following our March 9th elections, preferably after our March 15th City Council meeting. If that is not possible, I will schedule this matter for our City Council agenda for February 17 to determine if City Council would like to recommend an appointment from the three Councilors who are not involved in this election process. Should you prefer, you may e-mail a response to bmoss~cityofmarcoisland.com. Thank you for your attention to this important matter. Sincerely, A. William Moss City Manager AWM/bal cc: City Council Jim Mudd, County Manager Jack Wert, Tourism Director 50 B~ld Eagle Dri.e, Mar~o hlan& Florida 54145Agenda Item No. 9G (239) 389-5000 FAX (239) 389-4;559 April 13th, 2004 Page 31 of 32 Blank Page 1 of 1 ~_. filson_s From: lilson._s Sent: Wednesday, February 04, 2004 8:44 AM To: 'bmoss~dtyofmarcoisland.com' Cc: rnuddi; WertJack Subject: Tourist Development Council Mr. Moss, thank you very much for your response to my January 30, 2004 letter regarding Councilman E. Glenn Tucker's membership on the Tourist Development Council. Please be advised that I will put a note in my files to hold this appointment until alter your March 15, City Council meeting. Please let me know if you have any questions or require additional information. Thank you and have a nice day. Su~ .~'/~on ~xecuti~e ~er, ~CC (239) 774'8097..Pft,°1't'e (2S9) 774-S865 fa-x suefi~son@co{T~er~o~.net 2/4/2004 Agenda Item No. 9G April 13th, 2004 Page 32 of 32 EXECUTIVE SUMMARY Approve Tourist Development Category "A" 10-Year Expense and Revenue Projections OBJECTIVE: To obtain approval of the Tourist Development Category "A" 10-year Expense and Revenue Projections. CONSIDERATIONS: Tourist Development Category "A" 10-year projections were developed by the Coastal Advisory Committee (CAC) on March I 1, 2004, and the Tourist Development Council (TDC) recommended approval on March 29, 2004(Exhibit A). CACFFDC recommends approval to 1) finance thc Vandcrbilt Beach Parking Garage and 2) include thc financed Vanderbilt Beach Parking Garage expenses within the required $2M per year beach pal'k facilities set-aside. On March 18. 2004 Pal'ks and Recreation Advisory Board (PARAB) made a recommendation that the 10-year Expense and Revenue Projections include the full amount of the parking garage project in tl'te cun'ent year budget because the project and its funding were approved by the Board on October 24, 2000 and have been budgeted within the TDC category A budget each subsequent year. (Exhibit B). PARAB recommends approval to 1) fund $3.8M for Vanderbilt Beach Parking Garage in the current year budget and 2) set aside an average of $2M per 2,'car for beach park facilities as is consistent with the Board-adopted TDC Category "A" Funding Policy. Staff recommends approval to (Exhibit C): 1 ) Fund $3.8M for Vandcrbilt Beach Parking Garage in the curt'tnt year budget. 2) Set aside an average of $2M per year for beach park facilities as is consistent with the Board-adopted TDC Category "A" Funding Policy. 3) Delete all other projects that do not comply with the BCC-approved TDC Category "A" Funding Policy. FISCAL IMPACT: Specific TDC Category "A" grant applications will be addressed separately. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That thc Board of County Commissioners approves staITs recommendation of thc 10-Year Expense and Revenue Projections (Exhibit C) as it complies with the TDC Category "A" Funding Policy adopted by the BCC on December 16, 2003. Agenda item No. 10A April 13th, 2004 Page 1 of 5 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10A Appro,,eTouristDeveloF'n'e~qCateg°ry' A lO-YearExpenseandRe,er'ue Project:onq Apprs,eTouristDevelopmentCateg°ry A 10-Year Expense and Revenue PrQject~ol~s 4 13'2004 9 00 09 AM Prepared By Maria E. Bernal County Manager's Office Grants Coordinator Toursim Development Council Approved By Jack Wert County Manager's Office Tourism Director Toursim Development Council Date 4/2/2004 10:44 AM Appro~ ed By Marklsackson County Manager's Office Budget Analyst Office of Management & Budget Date 44 2904 10:27 AM Approved By MichaelSmykowski Cotmty ,Manager's Office Management & Budget Director Office of Management & Budget Date 4 5'2004 10:32 AM Approx'ed By JamesV. Mudd Board of County Coramissioners County Manager County Manager's Office Date 4 5 2004 12:57 PM Agenda Item No. 10A April 13th, 2004 Page 2 of 5 0 ,r-O O'Jco z~~ EXECUTIVE SUMMARY Approve Four Tourist Development Category "A" Grant Applications Submitted by-the Parks & Recreation Department for Beach Park Facilities for Fiscal Year 2005 in the Total Amount of $307,000 OBJECTIVE: To obtain approval of Tourist Development Category "A" grant applications as recommended by the Parks & Recreation Advisory Board and the Tourist Development Council. CONSIDERATIONS: The following Tourist Development Category "A" grant applications were reviewed by the Parks and Recreation Advisory Board (PARAB) on March 17, 2004 and thc Tourist Development Council (TDC) on March 29, 2004. Their recommendations arc as follow: Beach Dune Walkover and Paver Pathway--S57,000 Thc dune walkover at Vanderbilt Beach is in ill repair. Project includes the replacement of the dune walkover with a new recycled lumber walkover and a paver pathway leading from the par'king lot to the walkway. PARAB recommended approval. TDC recommended funding in the amount of $47,000, omitting $10,000 for pavers to parking lot. Repave Tigertaii Parking Lot--S25,000 PARAB recommended approval. TDC recommended approval. Repave South Marco Parking Lot--S25,000 PARAB recommended approval. TDC recommended approval. Pedestrian Beach Access---S200,000 Project includes replacement of the existing boardwalk at the pedestrian beach access near the Scachasc condominium. PARAB recommended approval. TDC requested firm price estimates on the project. The cost of these projects will come from thc $2M per year set aside for beach park facilities in thc BCC approved TDC Category "A" Funding Policy. FISCAL IMPACT: Funds in the amount of $307,000 are available for appropriation t¥om Category "A" Tourist Development Taxes. GROW-I'H MANAGEMENT IMPACT: There is no impact to thc Growth Management Plan related to this action. RECOMMENDATION: That thc Board of County Commissioners approve four Tourist Development Category "A" grant applications in the amount of $307,000. Agenda Item No. 10B April 13th, 2004 Page 1 of 16 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS lOB Approve Four Tourist Developmenl Category A" Grant Applications Submitted by the Parks & Recreation Department for Beach Park Facilities for Fiscal Year 2005 in the Total Amount of $307 000 Approve Four Tourist Developmect Category A Grant Applications Submitted by the Parks & Recreation Department for Beach Park Facilities for Fiscal Year 2005 in the Total Amount of S307 000 4'13'2004 90000 AM Prepared By Maria E. Bernal County Manager's Office Grants Coordinator Toursim Development Council Approved By Jack Wort County Manager's Office Tourism Director Toursim Development Council Date 4,'2i2004 8:35 AM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 4'4'2004 10:36 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4 5,2004 10:12AM Approved By JamesV Mudd Board of County Commisstoners County Manager County Manager's Office Date 452004 1:01 PM Agenda Item No. 10B April 13th, 2004 Page 2 of 16 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A' GRANT APPLICATION Beach Renourishment and Pass Maintenance Pedestrian Beach Access (Project Title) Name and Address of Project Sponsor Organization: Collier County Parks and Recreation 3300 Santa Barbara Boulevard Naples, Florida 3411 e e 6. 7. 8. Contact Person, Title and Phone Number: Name: Maria Ramsey, Director Address: 3300 Santa Barbara Boulevard City' Naples .. ST F1 ZIP' 34116 Phone: 239-353-0404 FAX: 239-353-1002 Other: , Organization's Chief Official and Title: Donna Fiala~ Chairman Board of County Commissioners Details of Project- Description and Location: Re-deck pedestrian boardwalk at Seachase and Gulf Shore Boulevard Estimated project start date: October 2004 Estimated project duration: 6 months Total TDC Tax Funds Requested: $ 200,000 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No (·) Agenda Item No. 10B April 13th, 2004 Page 3 of 16 Collier County Tourist Development Council Category "A' Grant Application Page 2 Pedestrian Beach Acces,s. (Project Title) PROJECT BUDGET PROGRAM ELEMENT TDC Funds Requested City/Taxing District Share State of Florida Share Federal Share AMOUNT $ 200,000. $ TOTAL $ 200,000 PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) Demolition and Construction $ 200.000 TOTAL $ 200~000 I have read the Tourist Development Category "A' Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will comply .witl~,all gu/'deline~fand criteria./ . S['g~tUre of s~onsor Organ~ation's Chief 0'~cial/ Date EXHIBIT A Agenda Item No. 10B April 13th, 2004 Page 4 of 16 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A' GRANT APPLICATION Beach Renourishment and Pass Maintenance Beach Dune Walkover and Paver Pathway (Project Title) Name and Address of Project Sponsor Organization: Collier County Parks and Recreation 3300 Santa Barbara Boulevard Naples, Florida 3411 Contact Person, Title and Phone Number: Name: Maria Ramsey, Director Address: 3300 Santa Barbara Boulevard City' Naples ST F1 ZIP: 34116 Phone: 239-353-0404 FAX: 239-353-1002 Other; e 6. 7. 8. Organization's Chief Official and Title: Donna Fiala, Chairman Board of County Commissioners Details of Project- Description and Location: Re-deck 160' of boardwalk at Vanderbilt Beach Access and construct a paver walkway from parking lot to access, 204' of pavers Estimated project start date: October 2004 Estimated project duration: 6 months Total TDC Tax Funds Requested: $ 57,000 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No (x) Agenda Item No. 10B April 13th, 2004 Page 5 of 16 Collier County Tourist Development Council Category "A' Grant Application Page 2 Re-deck Dune Walkover and Paver Pathwa~ (Project Title) PROJECT BUDGET, PROGRAM ELEMENt. TDC Funds Requested City/Taxing District Share State of Florida Share Federal Share AMOUNT TOTAL PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) $ 32~000 Re-deck boardwalk - Pavers to parkine lot $ 10.00_0 - $ 15~000 Re-do brid~e $ $ TOTAL $ 57,000 , I have read the Tourist Development Category "A' Beach Funding Policy covering beach renourishment~n~d pass maintennnce and agree that my organization will com ith a gu' es and criteria. St~nature of Sponsor t,on EXHIBIT A Agenda Item No. 10B April 13th, 2004 Page 6 of 16 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A' GRANT APPLICATION Beach Renourishment and Pass Maintenance South Marco Parkin~ Lot (Project Title) Name and Address of Project Sponsor Organization: Collier County Parks and Recreation 3300 Santa Barbara Boulevard Naples, Florida 3411 J Contact Person, Title and Phone Number: Name: Maria Ramsey, Director Address: 3300 Santa Barbara Boulevard City' Naples ST FI ZIP' 34116 Phone: 239-353-0404 FAX: 239-353-1002 Other: o w 6. 7. 8. Organization's Chief Official and Title: Donna Fiala, Chairman Board of County Commissioners Details of Project- Description and Location: Re-surface and stripe parking lot Estimated project start date: October 2004 Estimated project duration: I month Total TDC Tax Funds Requested: $ 25,000 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No (x) Agenda Item No. 10B April 13th, 2004 Page 7 of 16 Collier County Tourist Development Council Category "A' Grant Application Page 2 South Marco Parking Lot (Project Title) PROJECT BUDGET PROGRAM ELEMENT AMOUNT TDC Funds Requested 25,000. City/Taxing District Share State of Florida Share Federal Share TOTAL $ 25,000 PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) Paving $ 18,000 Striping ~; 4~000 Contingency $ 3~000 TOTAL $ 25~000 I have read the Tourist Development Category "A' Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will comply wi_t]~ all guide?nes agd criteri~/~ ~ Signakure of SPonsor Organization's Chief Official / Date EXHIBIT A Agenda Item No. 10B April 13th, 2004 Page 8 of 16 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Renourishment and Pass Maintenance Pedestrian Beach Access (Project Title) Name and Address of Project Sponsor Organization: Collier Coun _ty Parks and Recreation 3300 Santa Barbara Boulevard Naples, Florida 3411 6. 7. 8. Contact Person, Title and Phone Number: Name: Maria Ramsey, Director Address: 3300 Santa Barbara Boulevard City' Naples ST F1 ZIP' 34116 Phone: 239-353-0404 FAX: 239-353-1002 Other: Organization's Chief Official and Title: Donna Fiala, Chairman Board of County Commissioners Details of Project- Description and Location: Re-deck pedestrian boardwalk at Seachase and Gulf Shore Boulevard Estimated project start date: October 2004 Estimated project duration: 6 months Total TDC Tax Funds Requested: $ 200,000 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No (·) Agenda Item No. 10B April 13th, 2004 Page 9 of 16 Collier County Tourist Development Council Category "A" Grant Application Page 2 Pedestrian Beach Access. (Project Title) PROJECT BUDGET PROGRAM ELEMENT TDC Funds Requested City/Taxing District Share State of Florida Share Federal Share AMOUNT $ 200,000 $ TOTAL $ 200.000 PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) Demolition and Construction $ 200~000 TOTAL $ 200~000 I have read the Tourist Development Category "A' Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will comply witl~all anlidelinea~and criteria., S['g~t:ure of S~onsor Organ~.ation's Chief Official/ Date EXHIBIT A Agenda Item No. 10B April 13th, 2004 Page 10 of 16 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A' GRANT APPLICATION Beach Renourishment and Pass Maintenance Re-pave Til~ertail Parking Lot (Project Title) Name and Address of Project Sponsor Organization: Collier County Parks and Recreation 3300 Santa Barbara Boulevard Naples, Florida 3411 e Contact Person, Title and Phone Number: Name: Maria Ramsey, Director Address: 3300 Santa Barbara Boulevard City' Naples ST F1 ZIP' 34116 Phone: 239-353-0404 FAX: 239-353-1002 Other: J 6. 7. 8. Organization's Chief Official and Title: Donna Fiala, Chairman Board of County Commissioners Details of Project- Description and Location: Re-surface and stripe parking lot Estimated project start date: October 2004 Estimated project duration: 1 month ' Total TDC Tax Funds Requested: $ 25,000 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No (x) Agenda Item No. 10B April 13th, 2004 Page 11 of 16 Collier County Tourist Development Council Category "A' Grant Application Page 2 Tigertail Parking Lot (Project Title) PROJECT BUDGET PROGRAM ELEMENT AMOUNT TDC Funds Requested $ 25,000 City/Taxing District Share $ State of Florida Share $ Federal Share $ TOTAL $ 25,ooq PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) Paving $ 18,000 Striping $ 4,000 Contingency $ 3,000 TOTAL $ 25~000, I have read the Tourist Development Category "A' Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will c~? w~ all guzzles and criteria' ~ffg~atur%-o~ Sp~onsor Org~tion's Chief Official EXHIBIT A Agenda Item No. 10B April 13th, 2004 Page 12 of 16 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A' GRANT APPLICATION Beach Renourishment and Pass Maintenance Re-pave Tigertail Parkin~ Lot (Project Title) Name and Address of Project Sponsor Organization: Collier County Parks and Recreation 3300 Santa Barbara Boulevard Naples, Florida 3411 Contact Person, Title and Phone Number: Name: Maria Ramse¥, Director Address: 3300 Santa Barbara Boulevard City: Naples ST F1 ZIP' 34116 Phone: 239-353-0404 FAX: 239-353-1002 Other: 6. 7. 8. Organization's Chief Official and Title: Donna Fiala~ Chairman Board of County Commissioners Details of Project- Description and Location: Re-surface and stripe parking lot Estimated project start date: October 2004 Estimated project duration: I month Total TDC Tax Funds Requested: $ 25,000 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No (x) Agenda Item No. 10B April 13th, 2004 Page 13 of 16 Collier County Tourist Development Council Category "A' Grant Application Page 2 Tigertail Parking Lot_ (Project Title) PROJECT BUDGET.. PROGRAM ELEMENT. AMOUNT TDC Funds Requested 25.000 City/Taxing District Share State of Florida Share Federal Share $ $ $ TOTAL $ 25~000 PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) Paving $ 18,00Q Striping $ 4~000 Contingency $ 3.000 TOTAL $ 25,000 I have read the Tourist Development Category "A' Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will c~/mff? w~ all gui~es and criteria' S~g~ature of' Sprons0r Org:fion s Chief Official / //Dat~ EXHIBIT A Agenda Item No. 10B April 13th, 2004 Page 14 of 16 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A' GRANT APPLICATION Beach Renourishment and Pass Maintenance South Marco Parking Lot (Project Title) Name and Address of Project Sponsor Organization: Collier CounW Parks and Recreation 3300 Santa Barbara Boulevard Naples, Florida 3411 Contact Person, Title and Phone Number: Name: Maria Ramsey, Director Address: 3300 Santa Barbara Boulevard City' Naples ST F1 ZIP' 34116 Phone: 239-353-0404 FAX: 239-353-1002 Other: e Se 6. 7. 8. Organization's Chief Official and Title: Donna Fiala~ Chairman Board of County Commissioners Details of Project- Description and Location: Re-surface and stripe parking lot Estimated project start date: October 2004 Estimated project duration: 1 momh Total TDC Tax Funds Requested: $ 25,000 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No (x) Agenda Item No. 10B April 13th, 2004 Page 15 of 16 Collier County Tourist Development Council Category "A" Grant Application Page 2 South Marco Parkin~ Lot (Project Title) PROJECT BUDGET PROGRAM ELEMENT TDC Funds Requested City/Taxing District Share State of Florida Share Federal Share AMOUNT $ 25,ooo. $ TOTAL $ 25,000 PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) Paving $ 18,00~.. Striping $ 4~00o Contingency $ 3~00Q. TOTAL $ 25~000 I have read the Tourist Development Category "A' Beach Funding Policy coveting beach renourishment and pass maintenance and agree that my organization will comply wi.t~, aH guide, lines add criteri;/~ ~ . Sig~a{ure of Sponsor Organization's Chief Official / Date EXHIBIT A Agenda Item No. 10B April 13th, 2004 Page 16 of 16 EXECUTIVE SUMMARY Make a determination if Hideaway Beach is an eligible Category A project for the use of TDC funds based on the current approved BCC policy, dated December 16, 2003. Then approve or deny a TDC Category "A" Grant Application Requested by the City of Marco Island for the Renourishment and Replacement of Temporary T.Groins on Hideaway Beach, Project 90502, in the Amount of $4,457,000 OBJECTIVE: To approve or deny a TDC Category "A" grant application for the renourishment and replacement of temporary T-groins on and renourishment of Hideaway Beach in the amount of $4,457,000. CONSIDERATIONS: Engineering services have bccn ordered to design a phased beach restoration project on Hideaway Beach for an estimated 250,000 cubic yards of sand fill with erosion control structures at South Point and Royal Marco Point including an offshore sand search. The permit application was submitted as approved by the Board on October 14, 2003, agenda item 16.C.21. Thc Coastal Advisory Committee recommended approval of $2,300,000 for thc structures portion of this grant application at their meeting on May 8, 2003. The hydraulic fill portion of this project was recommended for consideration in the following budget 3'car. On May 28, 2003, the Tourist Development Council recommended deterring a recommendation until a funding policy was developed. The Board of County Commissioners defen'ed the grant application on June 10, ,.00,,, agenda item 10.F pending the establishment of a funding policy. A funding policy was adopted by the Board on December 16, 2003, agenda item 10.K. The new policy requires that an eligible beach area have 1) at least one public access point from a public street; and 2) is no more than one-half mile from a beach park facility, public access point, hotel, motel or is a vital tom4sm area subject to abnormal erosion, provided that if at least 80% of a beach area is classified as eligible, otherwise ineligible gaps will be deemed eligible. The City of Marco Island has requested a grant application in support of re-nourishing Hideaway Beach. Upon approval of funding, an interlocal agreement would be needed between the City of Marco lsland and Collier County. Some of the details that will need to be addressed are thc potential impacts of the process to establish a Municipal Special Taxing Unit, the timing of payments, and ownership of improvements. Thc proposed project area does not currently have public street access. The attached aerial photographs show thc Hideaway and Tigcrtail areas along with the proposed public access path along the northwestern property line of Tigcrtail Beach Park. Them is no public pm'king nor public restrooms other than at Tigertail Beach Park and there is currently no way across Little Clam Pass other than wading. The proposed project area is not within V2 mile of a beach park facility, public access point, hotel, or motel. Thc project area has been recommended as a vital tourism area subject to Agenda Item No. 10C April 13th, 2004 Page 1 of 13 abnormal crosion by both the Coastal Advisory Committee and the Tourist Development Council (both recommendations were made subject to thc provision of public street access). On March 11, 2004, the Coastal Advisory Committee recommended approval of this $4,457,000 grant application subject to a $1,300,000 (29%) non-TDC funding contribution, and subject to thc provision of public street access. The Tourist Development Council followed suit on March 29, 2004. Staff believes that Hideaway Beach is not currently eligible under the BCC policy for TDC beach funding. There is no current public street access; the proposed access is across Little Clam Pass and over V2 mile from the project area without parking or any type of facilities. The area is not vital to tourism as it is unlikely that many visitors will wade across and walk over of a mile to Hideaway Beach. Furthermore it is quite unlikely that given the planned access point off Spinnaker Drive that this project can reasonably be considered to ever be eligible for TDC funding under the present policy. The FDEP has already indicated that a permit to bridge Clam Pass and build a boardwalk/replace sand in thc mangrove area is quite unlikely to occur (Sec attached letter from FDEP). FISCAL IMPACT: $4,457,000 may be available for appropriation in the Tourist Development Tax FY2003/2004 budget depending upon thc value of other grant applications that receive approval and the amount of reimbursement revenue to be budgeted. Presently, there is no approved cost-share funding source (non-TDC) nor BCC guidance on how to calculate the cost share of project expenses with the Hideaway Beach HOA/the City of Marco Island. The City of Marco Island is reading a draft ordinance to create a special taxing district on April 5, 2004 with a second reading on April 19, 2004. GROWTH MANAGEMENT IMPACT: The Growth Management Plan Conservation and Coastal Management Element, Section 10.2 states "Thc County shall continue to insure that access to beaches, shores and waterways remain available to the public and continue with its program to expand the availability of such access and a method to fund its acquisition." And "Evaluate appropriate public access intervals for renourished beaches considering thc demand for recreation and the ability of the natural system to support Irc demand. If existing access is not sufficient, then the County shall acquire additional access points as a part of the renourishmcnt project." RECOMMENDATION: Recommend that the Board of County Commissioners make a determination if the Hideaway beach is an eligible TDC funded project area. The BCC must dctcrminc if thc proposed project area has access from a public street and then must determine if the project area is a vital tourism area subject to abnormal erosion. If the BCC affirms that the project has public access and is a vital tourism area subject to abnormal erosion, then approve the TDC Category "A" grant application related to the renourishmcnt of and replacement temporary T-groins on Hideaway Beach, in thc amount of $4,457,000 subject to a cost share arrangement whereby thc County (TDC) funds %. Agenda Item No. 10C April 13th, 2004 Page 2 of 13 Item Number Item Title Item Summar~ Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Make a detern'inatiop if Hideaway Beach is an eligible Category A project for Ihe use of TDC funds based on the current approved BCC policy dated December 16 2003 Then appro',e or deny a TDO Category A Grant Wake a detern'ination if Hidea,,vay Beash is an eligible Category A project for the use of TDC funds based on the current approved BCC policy dated December 16 2003 Then approve or denyaTDCCategory A Grant AFplicatisr-' Requested by the C~ty of L!arco Island for the Renounshmenl and Replacement of Temporary T-Groins on Hideaway Beach Projest90502 intbe Amount o: Ss 457.000Application Requested by the City of Marco Island for the Renourishment and Replacement of Temporary T-Groins on Hidea.vay Beach Project 90502 in the Amount of $~. c57.000 ,~ 13 2004 9 0C00 AM Prepared By Paul Kwa Public Utilities Project Manager Pubtic Utilities Engineering Approved By Roy B. Anderson. P.E. Public Utilities Public UtiIities Engineering Director Public Utilities Engineering Date 3'29'2004 10:22 AM Approved By Thomas Wides Public Utilities Operations Director Public Utilities Operations Date 3;30'2004 2:16 PM Approved By John Dunnuck Public Ser¥ices Public Secvices Administrator Public Sep¢icesAdmin. Date 3 30.2004 11:29 AM Approved By Ron Hovell Public Utilities Special Projects Manager Public Utilities Engineering Date 4'1 20044:18 PM Approved By James W, DeLony Public Utdities Public Utilities Administrator Public Utilities Administration Date 41 2004,1:51 PM Approved By Jack Wert County Manager's Office Tourism Director Toursim Development Council Date 4/2;2004 12:51 PM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget DaLe 4.'4'2004 11:36 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4~5.'2004 9:58 AM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/5/2004 1:38 PM Agenda Item No. 10C April 13th, 2004 Page 3 of 13 Jeb Bush Governor Harjory Stoneman Douglas Building Commonwealth Boulevard Tallahassee, Florida 32399-3000 David B. Struhs Secretary CERTIFIED MAIL - RETURN RECEIPT REQUESTED February 7, 2003 Mr. Roy B. Anderson, P.E. Collier County Public Utilities Department 3301 East Tamiami Trail Building H Naples, FL 34112 Preliminary Evaluation Letter {TEL) File No. 0208346-001-JC, Collier County Hideaway Beach Acce~ Improvement Project Dear Mr. Anderson Preliminary evaluation of your proposed project leads staff to the conclusion that the project cannot be recommended for approval. While this is by no means final agency action or notice of intent thereof, it does represent the staff review of your application based on a preliminary field inspection and considerable experience in permitting matters. We are sending you this letter at this early stage of the processing to allow you to assess fully the further commitment of financial resources for design dependent on permit issuance. The proposed project consists of placement of approximately 18,000 cubic yards of beach compatible material along an intertidal mangrove shoreline and construction of a pedestrian walkway to facilitate access between Tigertail Beach and Hideaway Beach on Marco Island. Approximately 2.6 acres of beach fill will shift the shoreline approximately 125 feet seaward along approximately 850 feet of shoreline. The Department's concerns axe as follows: Your application states that the area of proposed activity is along a mangrove shoreline. Fill placement along this shoreline in order to create an artificial beach has thc potential to cause direct and secondary adverse impacts to thc existing mangrove community. The Depa~Uxxent is also concemed about the direct and secondary impacts to shorebird habitat within the project area. The project area appears to lie within or immediately adjacent to FL-27- designated critical habitat for piping plover (Characlrius melodus).. Your application did not provide any information regarding the species composition and acreage of the mangrove fringe within the project area; identification and characterization of dominant and important flora and fauna; 'More Prote~*on, Less Process' Pnmed ~ me.,ed paper. Agenda Item No. 10C April 13th, 2004 Page 4 of 13 Preliminary Evaluation Letter Hideaway Beach Access Improvement Project (Collier County) File No. 0208346-001-JC Page 2 of 4 hydroperiod of the wetland; and estimates of percent biotic cover within the areas of direct and secondary impact. Furthermore, your application did not include an impact analysis with estimation of the affected acreage of each impacted community within the mangrove fringe. Your application also did not include an assessment of secondary impacts to mangrove habitat that could result from the potential impoundment of water behind the sand berm or potential changes in the zonation of the faunal/floral communities in the mangroves resulting from changes in the hydrology due to fill placement. After the impacts to the mangrove community and shorebird habitat have been avoided or reduced to the maximum extent practicable, it may be possible to offset these adverse impacts with mitigation. However, your application did not include a mitigation proposal. Examination of the aerial photograph suggests the presence of submerged aquatic vegetation immediately adjacent to the southern end of the fill area and under the proposed pedestrian walkway. There is no discussion of potential direct and secondary impacts to seagrass communities resulting from the proposed project. Any such impacts would be a serious cause for concern, particularly because of the difficulty in achieving successful seagrass mitigation. Your application states that the purpose of the project is to restore pedestrian access between Tigertail and Hideaway Beaches and that beach fill will help stabilize the shoreline in the project area. No evidence is provided to support the claim of erosion other than comparison of two aerial photographs (1973 versus 1981). Recent data on erosion rates within the project area and quantification of the loss of mangrove habitat is required to substantiate your claim of severe erosion and need for shoreline stabilization. The Depmiment does not agree with your assessment of no adverse impacts resulting from the proposed project. Sand fill placement along an intertidal mangrove shoreline involves direct and secondary impacts to mangrove communities and shorebird habitat. Our review of your application suggests that the project need does not justify the potential adverse impacts resulting from sand fill placement along the mangrove shoreline. Additionally, the Fish and Wildlife Conservation Commissi. on does not agree with your assessment that sand placement will create sea turtle nesting habitat within the project area (letter dated January 22, 2003). Pursuant to Rule 18-21.004(2), F.A.C., (a) All sovereignty lands shall be considered single use lands and shall be managed primarily for the maintenance of essentially natural conditions, propagation offish and wildlife, and traditional recreational uses Agenda Item No. 10C April 13th, 2004 Page 5 of 13 Preliminary Evaluation Letter Hideaway Beach Access Improvement Project (Collier County) File No. 0208346-001-JC Page 3 of 4 such as fishing, boating, and swimming; and (i) Activities on sovereignty lands shall be designed to minimize or eliminate adverse impacts on fish and wildlife habitat. Creating a beach in a manner that would adversely affect mangroves or seagrasses would be deemed inconsistent with this rule. Department staff do not believe that appropriate measures have been taken to avoid and minimize impacts to valuable biological resources within and adjacent to the proposed project area. The report provided as Attachment 38 in the permit application describes two alternatives for restoration of pedestrian access between Tigertail and Hideaway Beaches. Alternative # ! involved construction ora pedestrian walkway with no fill placement along the mangrove shoreline. Elimination of the proposed fill placement would avoid direct and secondary impacts to mangrove communities, should reduce impacts to shorebird habitat and potentially avoid impacts to submerged aquatic resources if present along the adjacent project shoreline. Examination of the aerial photograph suggests that the location of the proposed pedestrian walkway could be relocated landward to avoid impacts to submerged aquatic resources and intertidal mangrove habitat. In summary, Department staff ren:ommend that the applicant eliminate the placement of fill material seaward of the mangrove shoreline and investigate an alternative location for construction of the pedestrian walkway that would avoid and minimize impacts to seagrasses, mangroves and shorebird habitat. Staff will continue to process your application in the normal manner. We will fully evaluate the impacts of your proposal when you submit the information requested in our January 22, 2003 completeness summary. If you wish to further address the issues outlined above, please contact Cheryl Miller at (850) 487 ~.~.71, ext. 142. Martin K. Seeling Environmental Administrator Bureau of Beaches and Wetland Resources MKS/clm CC: Ron Hovell, Collier County G-rego~ Roebuck, Humiston & Moore Engineers Lucy Blair (EA), DEP, South District Robbin Trindeil, FWCC Agenda Item No. 10C April 13th, 2004 Page 6 of 13 Preliminary Evaluation Letter Hideaway Beach Access Improvement Project (Collier County) File No. 0208346-001-JC Page 4 of 4 Ricardo Zimbrado, FWCC West Palm Beach Mike Nowicki, USACE, Jacksonville Klm Dryden, USFWS BBWR File FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.52, Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. Deputy Clerk Date Agenda Item No. 10C April 13th, 2004 Page 7 of 13 ~ S,O nO I SO ~0 ~ COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Renourishment and Pass Maintenance Hideaway Beach Renourishment 1. Name and Address of Project Sponsor Organization: City of Marco Island 50 Bald Eagle Drive Marco Island, FL ~414~ 2. Contact Person, Title and Phone Number: Nanle: Address: City ST__ ZIP Phone: FAX: Other: 3. Organization's Chief Official and Title: Mike Minozzi. Chairman Marco Island City Council 4. Details of Project- Description and Location: ,d · The proposed construction consists of thc removal of the existine temporary T-_roms. building permanent erosion control structures along thc shoreline, offshore dredein_,2, and placement of approximately 240,000 cubic yards of drcd_ocd material on thc beach. 6. 7. 8. Estimated project start date: October/November 2004 Estimated project duration: 6 months Total TDC Tax Funds Requested: up to S4,457,000 If the full amount requested cannot be awarded, can the progranffproject be restructured to accommodate a smaller award? Yes ( X ) No ( ) Agenda Item No. 10C April 13th, 2004 Page 10 of 13 Collier County Tourist Development Council Category "A" Grant Application Page 2 Hideaway Beach Renourishment PROJECT BUDGET PROGRAM ELEMENT AMOUNT TDC Funds Requested City/Taxing District Share State of Florida Share Federal Share $(to be determined) $(to be determined) $_9o TOTAL $4,457,000 PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) Hydraulic Placement of Sand Fill Construction of Structures Engineering Services $1,837.000 $2.32O.OOO $ 300.000 TOTAL $4.457.000 I have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and pass maintenance and agree lhat my organization will comply with all guidelines and criteria. Signature of Sponsor Organization's Chief Official Date EXHIBIT A Agenda Item No. 10C April 13th, 2004 Page 11 of 13 3 Agenda I em Nc ~CC}; 0125 025 05 075 1 1 26 EXECUTIVE SUMMARY Approve The Denial Of Two Tourist Development Category "A" Grant Applications Submitted by the City of Naples for Monitoring of T-Groins and Turtle Monitoring at Gordon Pass for Fiscal Years 2004 and 2005 In The Amount Of $59,964. OBJECTIVE: To obtain approval for the denial of Tourist Development Category "A" grant 'applications from the City of Naples that do not meet the criteria in the Tourist Development Category "A" funding policy. CONSIDERATIONS: The attached Tourist Development Category "A" grant applications were reviewed by the Coastal Advisory Committee on March 11, 2004 and the Tourist Development Council on March 29, 2004. The Coastal Advisory Committee and the Tourist Development Council recommended for approval of funding only $41,964 of the $51,964 for Semiannual Monitoring of thc South Gordon Drivc T-Groin Project (FY 05) (based on City of Naples reducing "contingency" by $5,000 and eliminating "structure and buoy maintenance") since 2005 is the last year of FDEP required monitoring. The Coastal Advisory Committee and the Tourist Development Council recommended approval of funding the grant application in the amount of $8,000 for the Turtle Monitoring of the Gordon Pass Dredging Project (FY 041). Thc Florida Department of Environmental Protection permit for the project requites daily monitoring for marine turtles from 01 May ttu'ough 31 October for three years after project completion (Spring 2003). PROJECT/DESCRIPTION AMOUNT Permit Compliance Marine Turtle Monitoring for FY 03 Gordon Pass Dredging (04) $8,000 Thc proposed project area docs not have public street access, and is not within V2 mile of a beach park facility, public access point, hotel, or motel and therefore does not comply with the Category "A" Funding Policy adopted by the BCC on 12.16.03. Semi Annual Monitoring of the South Gordon Drive T-Groin Project (05) $51,964 The proposed project area has public street access, but is not within V2 mile of a beach park facility, public access point, hotel, or motel and is therefore does not comply with the Category "A" Funding Policy adopted by the BCC on 12.16.03. FISCAL IMPACT: There is no fiscal impact related to this action. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: It is recommended that the Board of County Commissioners deny approval of the attached Tourist Development Category "A" grant applications in the Agenda Item No. 10D April 13th, 2004 Page 1 of 17 amount of $59,964 as the project areas are not eligible under the approved Tourism Category "A" funding policy. Agenda Item No. 10D April 13th, 2004 Page 2 of 17 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS t0D Approve The Denial Of Two Tourist Developmept Category A Grant Appli,:ations Submitted by the City o' Naples 'or L'onitoring Of T-Groins and Turtle Monitoring at Gordon Pass for Fiscal Years 2004 and 2005 In The Amount Of S59.964 Approve The Denial Of Two Tourist Development Category 'A' Grant Applications Submitted by the City of Naples for Monitoring Of T-Groins and Turtle Monitoring at Gordon Pass for Fiscal Years 2004 and 2005 In The Amount Of S59.964 4 13 2004 9 00 00 AM Prepared By Maria E. Bernal County Manager's Office Grants Coordinator Toursim Development Council Approved By Jack Wort County Manager's Office Tourism Director Toursim Development Council Date 4'2/2004 9:18 AM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 4,42004 11:20AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4 52004 12:10PM Approved By JamesV Mudd Board of County Commissioners County Manager Date County Manager's Office 45 2004 1 18 PM Agenda Item No. 10D April 13th, 2004 Page 3 of 17 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Renourishment and Pass Maintenance Permit-Compliance Marine Turtle Monitoring for the 2003 Gordon Pass Dredging Project e me 6. 7. 8. Name and Address of Project Sponsor Organization: The City of Naples, 735 Eighth Street South, Naples, Florida 34102 Contact Person, Title and Phone Number: Name: Dr. Jon C. Staiger, Natural Resources Manager Address: 735 Eighth Street South CiR· Naples, Florida 34102 Phone: 213-7120 Fax: 213-7130 Organization's Chief Official and Title: Bill Barnett, Mayor Details of Project- Description and Location: The most important part of the Gordon Pass Inlet Management Plan is periodic maintenance dredging of the Pass. Historically, the U.S. Army Corps of Engineers has been responsible for the dredging. The last dredging occurred early in 2003. The Department of Environmental Protection permit for the project requires extensive daily monitoring for marine turtles from 01 May through 31 October for three years after project completion. The Conservancy of Southwest Florida already monitors the Key Island beach throughout nesting season, thus the most cost-effective means of complying with the pern~it conditions is to have their staff conduct the additional monitoring. Estimated project start date: 01 May 2004 Estimated project duration: 20 months Total TDC Tax Funds Requested: $8,000 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No (X) Agenda Item No. 10D April 13th, 2004 Page 4 of 17 Collier County Tourist Development Council Category "A" Grant Application Page 2 Permit-Compliance Marine Turtle Monitoring for the 2003 Gordon Pass Dredging Project PROJECT BUDGET PROGRAM ELEMENT TDC Funds Requested TOTAL PROJECT EXPENSES: (Contractor monitoring) Marine turtle monitoring, May-Oct 2004 Marine turtle monitoring, May-Oct 2005 TOTAL AMOUNT $ 8,OOO $ 8,000 $ 4,000 $ 4,000 $ 8,000 I have read the Tourist Development Category "A" Beach Funding Policy covering beach r~g~ourishme_nt and pass maintenance and agree that my organization will ~tth~ ~a~i'dleli!les and crileria. . / -- Signature of~po~o~ O~-ganizaii/~n's Chief~fi~ial ! Date ' EXHIBIT A Agenda Item No. 10D April 13th, 2004 Page 5 of 17 Attachments Attached are two letter proposals from the Conservancy of Southwest Florida that outline the cost entailed in complying with the monitoring requirements for the Gordon Pass maintenance dredging permit. The 2003 letter covers the work to be done this summer and the 2004 letter the work to be done the summer of 2005. Agenda Item No. 10D April 13th, 2004 Page 6 of 17 THE CONSERVANCY Of Southwest Florida 1450 Merrihue Drive · Naples, Florida 34102 941.262.0304 · Fax 941.262.0672 w~nv.conservancy, org September 17, 2003 Dr. Jon Staiger Natural Resource Director City of Naples 735 8th Street South Naples, Florida 34102 Dear Dr Staiger: Per our recent discussion, I have attached a budget for monitoring sea turtle activity on the northern portion of the Keewaydin Island beach during the 2004 reproductive season. The cost of this work reflects the monitoring requirements as stated in Permit No. 0176979-JC, Gulf Intracoastal Waterway Maintenance Dredging, Naples to Gordon Pass, Collier County dated September 12, 2002. Monitoring is required for three years after this dredging project is completed. The figures here are for the 2004 nesting season. The cost for 2005 will mostly likely be the same. If you have any questions or need any additional information, don't hesitate to contact me. Sincerely, David S. Addison Biologist Leading the challenge to protect and sustain Southwest Florida's natural environment. Agenda Item No. 10D April 13th, 2004 Page 7 of 17 2004 Gordon Pass Maintenance Dredging Keewaydin Island Sea Turtle Activity Monitoring Personnel Supervisor Intern Equipment and Materials ATV gas and oil ($10/mo. for 7 mo.) Mileage (150 mi./mo, for 7 mo.) Report Preparation Total $1,700 1,915 35 150 200 4,000 Agenda Item No. 10D April 13th, 2004 Page 8 of 17 THE CONSERVANCY Of Southwest Florida 1450 Merdhue Drive * Naples, Florida 34102 941.262.0304 * Fax 941.262.0672 www. conservancy, erg February 4, 2004 Dr. Jon Staiger Natural Resource Director City of Naples 295 Riverside Circle Naples, Florida 34102 Dear Dr Staiger: Per our recent discussion, I have attached a budget for monitoring sea turtle activity on the northern portion of the Keewaydin Island beach during the 2005 - reproductive season. The cost of this work reflects the monitoring requirements as stated in Permit No. 0176979-JC, Gulf Intracoastal Waterway Maintenance Dredging, Naples to Gordon Pass, Collier County dated September 12, 2002. Monitoring is required for three years after this dredging project is completed. The figures here are for the third year of monitoring. The cost for monitoring in 2005 is the same as it was for 2004. If you have any questions or need any additional information, don't hesitate to contact me. Sincerely, David S. Addison Biologist Leading the challenge to protect and sustain Southwest Florida'~ natural environment. Agenda Item No. 10D April 13th, 2004 Page 9 of 17 2005 Gordon Pass Maintenance Dredging Keewaydin Island Sea Turtle Activity Monitoring Personnel Supervisor Intem Equipment and Materials ATV gas and oil ($10/mo. for 7 mo.) Mileage (150 mi./mo, for 7 mo.) Report Preparation Total $1,700 1,915 35 150 20O 4,000 Agenda Item No. 10D April 13th, 2004 Page 10 of 17 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Renourishment and Pass Maintenance Semiannual Monitoring of the South Gordon Drive T-Groin Project 6. 7. 8. Name and Address of Project Sponsor Organization: The City of Naples, 735 Eighth Street South, Naples, Florida 34102 Contact Person, Title and Phone Number: Name: Dr. Jon C. Staiger, Natural Resources Manager Address: 735 Eighth Street South City. Naples, Florida 34102 Phone: 213-7120 Fax: 213-7130 Organization's Chief Official and Title: Bill Barnett, Mayor Details of Project- Description and Location: The South Gordon Drive T-groin project was constructed in the spring of 2000. It consists of two sheet-pile and armor stone T-groins and two wood permeable or flow-though groins. The purposes of these structures are to retard sand movement off the south end of the Naples Beach into Gordon Pass and to stabilize the beach north of the Pass, an area of significant instability and erosion. The DEP permit for the project requires five years of semiannual monitoring to ensure that the structures do not adversely affect adjacent beaches. For the first three years after project completion we budgeted $39,000 annually for fill placement, in case adverse effects were identified. None were identified, so that requirement was satisfied at completion of the 36-month survey. This request is for funds to complete the final year's monitoring, 54 and 60 month. Estimated project start date: 01 October 2004 Estimated project duration: one year Total TDC Tax Funds Requested: $51,964 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No (X) 15 Agenda Item No. 10D April 13th, 2004 Page 11 of 17 Collier County Tourist Development Council Category "A" Grant Application Page 2 Semiannual Monitoring of the South Gordon Drive T-Groin Project PROJECT BUDGET PROGRAM ELEMENT AMOUNT $ 51,964 $ 51,964 PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) TDC Funds Requested TOTAL 54-month monitoring, lump sum $ 9,752 60-month monitoring, lump sum $ 29,712 Structure and buoy maintenance $ 5,000 Contingency for City/CAC meetings $ 7,500 TOTAL S 51,964 I have beach compl~h all guidelines and criteria. Sig~"ature of Spo~'or Organization's Chief 0/ltficiai read the Tourist Development Category "A" Beach Funding Policy covering renourishment and pass maintenance and agree that my organization will EXHIBIT A 16 Agenda Item No. 10D April 13th, 2004 Page 12 of 17 Attachments Attached are: 1) A letter proposal from Humiston & Moore Engineers. The second page includes Tasks C and D (The 54 and .60-month monitoring events, including the final report), Task G (Structure and buoy maintenance), and the "Contingency for meetings...", the four items covered by the project expenses requested; and 2), A 22 February 2001 memorandum which outlines the monitoring requirements for the entire project. Agenda Item No. 10D April 13th, 2004 Page 13 of 17 HUMISTON & MOORE ENGINEERS COASTAL ENGINEERING DESIGN AND PERMITTING S679 STRAND CO(JRT NAPLES, FLORIIDA 34110 F, sg(; 239 594. 2025 PHONE: 239 594 20ZI March 5, 2003 Dr. Jon Staiger, Natural Resources Manager City of Naples 735 Eighth Street South Naples, FL 34102 Hand Delivered Re: Contract Amendment for Remaining Project Monitoring 2003-2005 42-Month and 48-Month Survey with 4-Year Report (2003/2004), and 54-Month and 60-Month Survey with Final 5-Year Report (2004/2005) HM File No. 9-062, South Gordon Ddve Beachfront T-Groin Project Dear Jon, In response to our meeting yesterday, we are providing you with this proposal to amend our contract for professional services to complete the final 4th and 5th year monitoring (42, 48, 54 and 60-month surveys) and the fourth and fifth year reporting requirements associated with your State Department of Environmental Protection permit for the referenced project above. A description of the proposed monitoring services is provided below. We have provided an estimated cost for each category as well as a total not to exceed amount. We have structured this agreement in this manner at the direction of the City staff. Basic Services ' A. 42-Month Monitodn,q (Lump Sum) 1. Beach and hydrographic survey, 37 wading depth profile ...................... $3,120.00 2. Data reduction and analysis .................................................................... $4,110.00 3. Coordination with adjacent property owners and their engineer ............... $2,522.00 Subtotal for Task A: ............................................................................................ $9,752.00 B. 48-Month Mon todnR (Lump Sum) o Beach and hydrographic survey, (23 offshore profiles, 14 wading depth) ................................................................................. $10,910.00 Data reduction and analysis .................................................................... $4,710.00 Report ....................................................................................................... $9,440.00 Compaction ............................................................................................. $2,130.00 8. Coordination with adjacent property owners and their engineer ............. $2,522.00 Subtotal for Task B: ............................................................................................ $29,712.00 1 of 3 Agenda Item No. 10D April 13th, 2004 Page 14 of 17 C. 54-Month Monitoring (Lump Sum) 9. Beach and hydrographic survey, 37 wading depth profile ...................... $3,120.00 10. Data reduction and analysis .................................................................... $4,110.00 11. Coordination with adjacent property owners and their engineer ............... $2,522.00 Subtotal for Task C: ............................................................................................ $9,752.00 D. 60-Month Monitoring (Lump Sum) 12. 13. 14. 15. 16. Beach and hydrographic survey, (23 offshore profiles, 14 wading depth) .... ............................................................................. $10,910.00 Data reduction and analysis .................................................................... $4,710.00 Final Report ............................................................................................... $9,440.00 Compaction ............................................................................................. $2,130.00 Coordination with adjacent property owners and their engineer .............$2,522,00 Subtotal for Task D: ............................................................................................ $29,712.00 Total for Basic Services ...................................................................................... $~ Additional Services E. Contingency Fill Placement (T&M) following 2004 analysis 17. Full Survey, if needed ............................................................................ $10,910.00 18. Analysis and administration of fill placement, construction observation, wading depth surveys for post fill and payment review ....... $8,650.00 19. Fill placement of 1,000 cy at $15/yd plus site restoration~ ...................... $20,000.00 Subtotal for Task E: ............................................................................................ $39,560.00 F. Contingency Fill Placement ('I'&M) following 2005 analysis 20. Full Survey, if needed ............................................................................ $10,910.00 21. Analysis and administration of fill placement, construction observation, wading depth surveys for post fill and payment review ....... $8,650.00 22. Fill placement of 1,000 cy at $15/yd plus site restoration ....................... $20,000.00 Subtotal for Task F: ............................................................................................ $39,560.00 G. Structure and buoy maintenance (T&M) 23 Maintenance of structure through rock relocation and/or buoys ............. $,5,000.00 Total for Additional Services: .............................................................................. .,~ Contingency for meetings with City, presentation to City or Beach Committee, and DEP (T&M) ($7,500 per year) ........................................ $15,000.00 Total for Basic, Additional Services and contingency: ........................................ $178.048.00 ~ A budget of $20,000 is recommended for contingency fill placement on the downddft shoreline (1000 cy at $15/yd, plus site access restoration) and within the structures, if deemed necessary by permit conditions and monitoring results. 1 2 of 3 Agenda Item No. 10D~ April 13th, 2004 HUMISTON & MOORE ENGINEERS · NAPLES, FLORIDA Page 15 of 17 As you are aware, should the 36-month monitoring survey to be collected in May 2003 indicate that no fill placement is required, then the contingency fill placement list under Tasks E and F will not be necessary per our DEP permit. We propose to provide services under Tasks A, B, C and D as lump sum and the remaining tasks as time and materials in accordance with the attached fee schedule dated January 1, 2003, included as part of this letter of agreement. Should services be requested which extend beyond the scope of services referenced above, such services will be provided as Additional Services in accordance with the our current fee schedule and general conditions in effect at the time of work. Should you have any questions regarding this agreement, please call. Sincerely yours, Brett D. Moore, P.E. Attachments ENGINEERS 3 of 3 Agenda Item No. 10D April 13th, 2004 HUMISTON & MOORE ENGINEERS · NAPLES, FLORtDA Page 16 of 17 . HUMISTON MOORE ENGINEERS COA~'[A,L FNGIN~:~ RING DI: II(~N AND P~RMIT.TIN~ ~,67; ~ COU~T, Ur,ET t t O ~I~,~ES, F~34110 February 22,200'1 MF__J~ORANDUM 'rot Jon ~miger Brett D. Moore Naple~ T-Groin Projec~ Monitoring HM F'ile No. ~-OG2 Listed below are the requirements for the project monitoring associatecl with the T. groins at the south end of Gordon Drive, Ye. ar 2000 5/2000 ~ t/2000 5/2001 Timing tmrn construction Pm-con~tr 8-month 12-month 1B. month 5/2002 24.,month 11/2002 30-month 5/2004 i 4S-month 1/2oo4 / S4-month Survey Type Full Full Full Report C, ontingency Reauim, d Survey · No No No No Ye~, No Full .,. Yes No Wading "Yes Yes Full Yes No No Wading _ No ! Yes ,. Pul' ._~..Yes Status Competed ComPleted 50% ~/A N/A Comments None None ComPlete~ murray 2.~1 . NIA The "Full' survey referenced above involves hydrographic surveying of 23 offshore profiles plus 14 wading ciepth surveys, The 'Wading" survey is all clone from the uplands for 37 profiles t~ a wading clepth of approximately -4 feet NGVD, The c~ntingent survey is a full survey in case there are apparent impacts from the pmje~ to the downcirtft shoreline base0 on the wading depth survey, The reporting evaluates the ongoing performance and evetuation of the project end v,~ll determine if there is a need for snn~l placement o~ the aownflriff, area. .lofl 21 Agenda Item No. 10D April 13th, 2004 Page 17 of 17 EXECUTIVE SUMMARY Approve an Intcflocal Agreement between Collier County and thc City of Naples indicating that Collier County will withdraw its appeal to object to the City's proposed Comprehensive Plan Amendment regarding overpasses and that the City shall not object to its construction; Project No. 60027-C; No Fiscal Impact OBJECTIVE: To receive Board approval of an interlocal agreement between Collier County and the City of Naples. CONSIDERATION: Attached please find the Executive Summary presented at the City/County Workshop held on January 4, 2004. This Summary provides substantial detail regarding the exhaustive evaluation of an overpass at Airport-Pulling Road and Golden Gate Parkway. To date, the County has completed a $1.8 million design effort for an overpass that will not only addresses existing transportations deficiencies at the intersection of Airport-Pulling Road and Golden Gate Parkway, but more importantly, accommodate transportation needs well into the future. The design cost does not include an additional $475,000 the County has also spent on supplemental studies, analysis and reports considering alternative improvements and impacts along the corridor. The design et'tort to date is in accordance with a decade et' extensive planning and preparation by City and County officials. The project, a grade separated overpass, is one critical step in a series of improvements to occur along the Golden Gate Parkway con'idor. Such improvements include the 6-lane expansion cun'ently under construction, the 1-75 interchange to be completed in 2007, and the Goodlette-Frank Road improvements to begin early in 2005. Recently the City of Naples adopted a comprehensive plan amendment regarding overpasses in the City limits. Thc amendment is scheduled to be adopted by the Department of Community Affairs (DCA) this spring. The County filed an appeal to the DCA; however, the City and County have since reached an agreement by which the County shall withdraw its appeal and the amendment will go forward without County challenge. Also, the Agreement stipulates that thc City shall not object to the construction of the overpass Airport-Pulling Road and Golden Gate Parkway. The City of Naples is developing alternative language to Policy 1-10 that will clafit'y criteria and analysis required to meet the test of all alternative planning solutions and plan on replacing the current language with a revised policy in their next Comprehensive Plan Amendment cycle. FISCAL LMPACT: There is no fiscal impact associated with approval of this Intcrlocal Agreement. If this agreement is not approved, the County is ready to proceed and legally challenge the City's Comprehensive Plan Amendment resulting in substantial litigation costs. GROWTH MANAGEMENT: This item re-establishes consistency between the City and County Comprehensive Plans. RECOMMENDATION: That thc County Board of Commissioners approve thc lntcrlocal Agreement between the City of Naples and Collier County and authorize the chairperson to sign. C:~AdLib eXpress\Work\rad6BOB7.tmp.doc Agenda Item No. 10E April 13th, 2004 Page 1 of 6 Prepared by: Grc== R. Strakalusc, P.E. Director, Engineering & Construction Management Date: Reviewed by: Don Scott, AICP Director, Transportation Planning Date: Reviewed and Approved by: Norman Fcdcr, AICP Transportation Administrator Date: C:~AdLib eXpress\Work\rad6BOB7.tmp.doc Agenda Item No. 10E April 13th, 2004 Page 2 of 6 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10E Interlocal Agreement City/County Approve an Interlocal Agreement between Collier County and the City of Naples indicating that Collier County will withdraw its appeal to object to the City's proposed Comprehensive Plan Amendment regarding overpasses and that the City shall not object to its conslruction; Project No 60027-C: No Fiscal Impact 4'13 2004 9:00:00 AM Prepared By Gregg R. Strakaluse Transportion Services Transportation Engineering/ Construction Mgmt Director Transportation Engineering and Construction Approved By Norm E. Feder. AICP Transportion Services Transportation Division Administrator Transportation Services Admin. Date 3/31/2004 5:57 PM Approved By Donald L. Scott Transportion Services Transportation Planning Director Transportation Planning Date 4,'1/2004 8:25 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4'2i2004 12:19 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4,2'2004 12:42 PM Agenda Item No. 10E April 13th, 2004 Page 3 of 6 INTERLOCAL AGREEMENT AND SETTLEMENT AGREEMENT REGARDING GOLDEN GATE OVERPASS THIS AGREEMENT, made and entered into effective upon execution by the par5ies by and between the City of Naples, Florida, a municipal corporation hereinafter called the CITY and the Board of County Co~Tunissioners, Collier County, Florida, a political subdivision of the State of Florida, hereinafter called the COUNTY. W I T N E S S E T H: WHEREAS, the CITY has adopted an ordinance amending the City of Naples Comprehensive Plan Transportation Elemenu to add Policy 1-10; and WHEREAS, the intent of the Comprehensive Plan ~mendment is ~ ~ the City shall not permit construction of overpasses or flyovers without all feasible alternatives being evaluated, and WHEREAS, the COUNTY has alarmed to construct an overpass at Golden Gate Parkway and Airport-Pulling Road after considerable analysis, and WHEREAS, o..pre~_en~ = ~e the COUNTY has filed a challenge to the C ~ ~ ~' Plan Amendmen% with the State of Florida, Division of Adminis%ra%ive Hearings, and WHEREAS, the parties desire to resolve their differences through this Agreement, and WHEREAS, it is the intention of the CITY thal by all earties signing 5his agreement, the City shall not object to the construction of the Golden Gate Overpass, and WHEREAS , it is the intention of the COUNTY that by all parties signing this agreement %he COUNTY will immediately withdraw its petition for an administrative hearing to object to the DCA decision to approve the amendment. NOW, THEREFORE, in consideration of the promises and mutual covenants hereinafner contained, the parties agree as follows: The above-referenced Whereas herein. clauses are fully incorporated Agenda Item No. 10E April 13th, 2004 Page 4 of 6 SECTION I. DESCRIPTION OF TERMS 1.1 The CITY will not object to the construction of the Golden Gate Overpass as currently presented and designed. 1.2 The COUNTY will allow the CITY to review the final design of the Golden Gate Overpass and provide proposed design modifications. 1.3 The COUNTY will immediately withdraw its petition for an administrative hearing to object to the Department of Community Affair's Notice of Intention to Find Plan Amendment in Compliance and to approve the amendmenn (DCA No. 03-1). SECTION II. MISCELLANEOUS 2.1 This Agreement shall be governed by the laws of the State of Florida. 2.2 It is understood that bozh parties Agreement. shall execute this 2.3 This Agreement contains the entire understanding between %he parties; and the CIIY and the COUNTY mu%uaily agree %ha% any modifications -o this Agreement shall be in writing. iN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date of the last signature con%ained herein. ATTEST: CITY OF NAPLES, FLORIDA, Tara A. Norman, City Clerk Date: By: Bill Barnett, Mayor Agenda Item No. 10E April 13th, 2004 Page 5 of 6 Approved as to form and legality: By: Robert D. Pritt City Attorney BOARD OF COUNTY COM/~ISSIONERS OF COLLIER COUNTY, FLORIDA, AND AS THE GOVERNING BODY OF COLLIER COUNTY ATTEST: CounZy Clerk Dwight D. Brock BY: Donna Fiala, Chairman Date: Approved as to form and legality: Jacqueline Hubbard Assistant County Attorney Agenda Item No. 10E April 13th, 2004 Page 6 of 6 EXECUTIVE SUMMARY Authorize the Purchasing Department to advertise bids for the construction of the grade separated overpass at Airport-Pulling Road and Golden Gate Parkway; Project No. 60027- C; Fiscal Impact $500.00 OBJECTIVE: To receive Board authorization to advertise bide for the construction of a grade separated overpass at Airport-Pulling Road and Golden Gate Parkway. CONSIDERATION: Collier County has completed a $1.8 million design effort that will not only addresses existing transportations deficiencies at the intersection of Airport-Pulling Road and Golden Gate Parkway, but more importantly, accommodate transportation needs well into the future, particularly when the new interstate interchange opens at Golden Gate Parkway in 2007. This $1.8 million design effort does not include an additional $475,000 the County has already spent on supplemental studies, analysis and reports considering alternatives to an overpass. Thc design effort to date is in accordance with a decade of extensive planning and preparation by local government agencies, as well as thorough review by thc community. This Executive Summary contains staff's recommendation to authorize the Purchasing Department to advertise bids for construction. The advertisement will be in accordance with Florida Statute bidding requh'ements for public works projects above S250,000. The advertisement period will be no less than thirty (30) calendar days and shall be advertised in a local newspaper. In an effort to draw maximum competition for this project, staff has identified over 20-construction firms nationally and will be mailing invitations to bid to each firm. Construction of thc overpass and all appurtenances is estimated to cost $29.2 million, which is to be funded by gas taxes, impact tees and a $7.45 million State grant. Subsequent to the advertisement period, the Purchasing Department will publicly open bids and identify the lowest bidder. After thorough review of the bids, thc Purchasing Department shall review the successful bidder's bid tabulation, experience, references, financial records, and bonding capabilities. Then, and only then, Transportation and Purchasing shall present a recommendation to the Board of County Commissioners recommending award or' a construction contract to the successful low bidder. It is anticipated that this recommendation would be made by staff at a June '04 Board meeting. FISCAL IMPACT: Advertisement of bids is anticipated to cost under $500 and will be funded by Gas Taxes. GROWTH MANAGEMENT: This project is consistent with the Growth Management Plan and the MPO's Cost Feasible Plan. RECOMMENDATION: That the Board of County Commissioners authorize thc Purchasing Department to advertise bids in accordance with the requirements of thc State of Florida. C:\Ad Lib eXpress\Work\rad E218A.tmp.doc Agenda Item No. 10F April 13th, 2004 Page 1 of 17 Prepared by: Gregg R. Strakaluse, P.E. Director, Engineering & Construction Management Date: Reviewed and Approved by: Norman Feder, AICP Transportation Administrator D ate: C :\Ad Lib eX press\Work\rad E218A.tmp.doc Agenda Item No. 10F April 13th, 2004 Page 2 of 17 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Ad,,,ertise B~ds Overpass Authorize the Purchasing Departn'ent to advertise bids for the construction of the grade separated overpass at Airport-Pulling Road and Golden Gate Parkway: Project No 60027-C, Fiscal Impact S500 00 4'132004 9:00:00 AM Prepared By Gregg R. Strakaluse Transportion Services Transportation Engineering/ Construction Mgmt Director Transportation Engineering and Construction Approved By Steve Carnell Administrative Services Purchasing/General Svcs Director Purchasing Date 3/30/2004 3:39 PM Approved By Norm E. Feder, AICP Transportion Services Transportation Division Administrator Transportation Services Admin. Date 4/1/2004 5:35 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4,,2/2004 12:35 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/212004 12:48 PM Agenda Item No. 10F April 13th, 2004 Page 3 of 17 EXECUTIVE SUMMARY A REVIEW OF ALL FEASIBLE PLANNING & DESIGN ALTERNATIVES (CONVENTIONAL & UNCONVENTIONAL) FOR INTERSECTION IMPROVEMENTS AT AIRPORT-PULLING ROAD/GOLDEN GATE PARKWAY AND THEIR IMPACT ON ALL OTHER MAJOR INTERSECTIONS ALONG THE GOLDEN GATE PARKWAY CORRIDOR. A GRADE SEPARATED OVERPASS IS THE ONLY ALTEtLNATIVE ACHIEVING AN ,~DEQUATE LEVEL OF SERVICE IN 2025 WHILE PROVIDING THE MOST COST EFFECTIVE, LONG-TERM BENEFIT TO TAXPAYERS. OBJECTIVE: To present comprehensive data, analysis and information to the Board of County Conunissioners, Naples City Council, and Collier County citizens regarding various improvements to the Airport-Pulling Road/Golden Gate Parkway intersection resulting from extensive study by staff and five professional consulting firms. All conclude that a grade separated overpass is the only alternative achieving an adequate level of service in 2025 while providing the Il'lost cost effective. long-term benefit to taxpayers. CONSIDERATION: Collier County is approaching the completion of a $1.8 million design effort that will substantially address existing transportations deficiencies at the intersection of Airport- Pulling Road and Golden Gate Parkway, and more importantly, accommodate transportation needs well into the future. This S1.8 million design cost does not include an additional $435,000 the County has already spent on supplemental studies, analysis and reports considering alternative improvements and impacts along the corridor. The design effort to date is in accordance with a decade of extensive plarming and preparation by City and County officials. The project, a grade separated overpass, is one critical step in a series of improvements to occur along the Golden Gate Parkway corridor. Such improvements include the 6-lane expansion currently under construction, the 1-75 interchange to be completed in 2007, and the Goodlette-Frank Road improvements to begin early in 2005. In reviewing a decade of planning, this project is specifically called out within the Halstatt (Grey Oaks, Estuary & Naples Grande) Development of Regional hnpacts (DRI)/PUD, which was approved under an Interlocal Agreement betxveen the City and the County in 1990. This development was required to reserve the rights-of-way for an overpass with Golden Gate Parkway to fly over Airport Road. An overpass was identified as a need in the Metropolitan Planning Organization's (MPO's) Long Range Transportation Plan since 1993. The project was also identified in the County's Transportation 5-Year Funded Work Program since 2001. In 2002, the County received notice that it was the recipient of $7.45 million in grant funding from the State of Florida (TOPS Grant) specifically for the proposed improvements to the Parkway whi'ch included an overpass to handle the traffic increase from the new 1-75 interchange. As part of the overall corridor study, as well as concerns expressed by the City of Naples, the County advanced improvements to Goodlette-Frank Road in its 2002 update to the 5-Year Transportation Work Program. To evaluate all conventional and unconventional alternatives to improve the intersection and corridor, the County has worked with five different professional consulting firms; and the City has worked with one firm. Kimley-Horn's first study looked at improvements to several intersections throughout the Comity and evaluated those intersections against several criteria including existing and future traffic conditions, activity centers, whether the roadways are evacuation routes, and parallel roadway options. The Grade Separation Study indicated that even with at-grade intersection improvements this intersection would fail from a level of service standpoint, which would cause a severe delay to the transportation system. Even if at-grade improvements were designed to include free flow rights and triple lefts along with six through lanes for each approach, the intersection still fails to operate at an acceptable level-of-service (LOS) in 2025. Additional analysis in the report was undertaken to estimate the user benefits of an Overpass at this location. It is estimated that over 550,000 hours of delay per year could be saved based on 2025 traffic conditions at a cost savings of $2.9 million. In addition the overpass is projected to reduce traffic crashes and save motorists approximately $130,000 per year. Subsequent to Kimley-Horn's study of conventional, at-grade improvements, Kimley Horn prepared a Technical Memorandum in 2001, which reviewed the types of overpass structures that could operate most efficiently and at the greatest level of safety. Structures that were considered include diamond, cloverleaf, trumpet and single point urban interchanges (SPUI). in summary, Kimley-Horn states, "the combination of relatively high capacity and low right-of-way costs makes the SPUI an ideal candidate for urban arterials". The need for a grade separated overpass at Airport Pulling Road and Golden Gate Parkway was further evaluated under a contract with RWA Consultants who were tasked with the refinement of design traffic movements to develop an overpass concept within reserved rights-of-ways. RWA was also charged with coordinating public involvement activities to develop a concept that would be consistent with the expectations of quality as characterized by ~~"i.p~rmitting I| the community. County staff and RWA met with the Board of County Commissioners (BCC), the Naples City Council on February 6, 2002, Bear's Paw on April 4, 2002 and he Id Countywide public meetings on February 11, 2002 and March 4, 2002 to present the conceptual plan and gain input into the ~,~-.-.-~,,,- design of this project. This concept plan was finalized in February of 2002 and it included almost $4 million in architectural and landscaping features to establish a more human scale to the structure and to serve as the gateway into the ll~[~3:' "~ II City of Naples. On May 14, 2002, County staff received authorization from the BCC to begin design and engineering with RWA based on the work accomplished through the conceptual design study. ° a:~co 7.... 2 In late 2002, the City of Naples asked Kimley-Horn to look at the traffic impacts associated with the future interchange and overpass. This study was undertaken to determine the traffic conditions at the intersections of Airport Pulling Road and Goodlette Frank Road. The results again indicated that the intersection at Airport Pulling Road fails in 2025 during both AM and PM peak hour conditions even with the best conventional at-grade solutions. With an overpass, the intersection would operate at an acceptable LOS for peak hour conditions in 2025. Kimley-Hom also determined that the intersection at Goodlette Frank Road is projected to fail for both the AM and PM peak hours with at- grade improvements within the existing right-of-way in 2025. It should also be noted that the intersection operates at a LOS F for the peak hour conditions today in this analysis and is projected to fail with or without the overpass at Airport-Pulling Road. At the January 7, 2003 City/County joint'workshop, Kimley-Horn confirmed the need for an overpass at Airport-Pulling Road and concluded the need for an overpass at Goodlette-Frank Road. However, they assumed that they would have to stay within the current ROW. County staff stated that because the primary movements are turning movements (unlike Golden Gate Pkwy. at Airport) the intersection should be able to be addressed with at-grade improvements. Subsequently, the County and City have been cooperatively working with American Consulting Engineers (ACE) to design improvements to the intersection at Goodlette-Frank Road (as well as that segment of Goodlette-Frank Road between the Parkway and Pine Ridge Road). The current design creatively calls for improvements that bypass westbound right turns outside the existing right-of-way. The design is quickly approaching 30% complete and will provide for an acceptable level of service today and through 2025. Kimley-Horn's study utilized the MPO's 2025 traffic model, which includes two Gordon River Bridges. Subsequent to the City/County workshop, Kimley-Horn was asked by the Cig' to remove the bridges from the model and determine the impacts along the corridor. Kimley-Horn concluded that without the bridges, delay and extended queue lengths already experienced along the con'idor would increase considerably. At a City Council Meeting, these results were discussed and concerns were raised with the Overpass. Later, in response to issues raised by the City at an MPO meeting about the beneficial impacts of building one or two additional bridge crossings across the Gordon River, the County hired the TBE Group to prepare a detailed analysis of the costs and traffic impacts of additional bridges, particularly as they provide relief to Golden Gate Parkway. In building two bridges, different scenarios were developed to maximize diversion from Golden Gate Parkway. In summary, the cost to establish a single bridge crossing is estimated at $75 million. The cost to establish two bridge crossings is estimated at $90 million. These estimates are attributed to the acquisition of right-of-way, design, engineering, construction, and inspection associated with the proposed bridges and roads leading to the bridges. TBE concluded that the bridges would improve the operation of the network, with primary relief to Radio Road and Davis Boulevard rather than Golden Gate Parkway. FINAL REPORT In November 2003, the County contracted with Parsons Brinkerhoff Quade & Douglas (Parsons), a transportation firm identified by the City as uniquely qualified in evaluating unconventional intersection designs. Parsons visited the area and reviewed prior studies and data. They quickly discounted previously considered unconventional approaches such as round-a-bouts, jug-handles, continuous flow intersections and quadrant roadways because of the volume of traffic seen at this intersection and right-of-way constraints. Parsons found that only grade separation would meet the 20-year design needs (see Figure 1 below). However, Parsons did recommend a split intersection / median u-turn concept as a possible interim solution (see Figure 2 attached). Parsons proposed that this unconventional concept could likely fit within the dedicated right-of-way for an ultimate overpass. Parson also estimates that grade separation would be needed between 2010 and 2015; the earlier date likely if the corridor experiences a 2% a year gro,,~h rate which Parsons raised as a likely probability based on historical growth along the corridor. They noted that a split intersection design has been used as a temporary measure during interchange construction in the U. S., but there is presently no kmown longstanding specific application. In whichever year grade separation becomes necessary, it is estimated that $3.5 million worth of construction associated with the unconventional design would be disrupted and/or removed as part of an overpass Figure 1:2025 Volume-to-Capacity Analysis Results - 2025 PM INTERSECTION DESIGN Volume-to- I Capacit?'Ratio Conventional Intersection ; 1.42 Sinl~le Point Overpass (planned) 0.85 MedtanU-Turn(crossoversonlyonGGP) : 121 Continuous Flow Intersection : 1.05 Split Intersection (with median crossoverM ! 1.l l Echelon Interchange (grade separation) i 0.98 V/C Ratio above 1.0 = greater delay and 10n2er peak volume time. construction. The unconventional nature of such a design requires significant driver acclamation, education and special law enforcement. Lastly, the County has been working with Post Buckley Shuh and Jernigan (PBS&J), another leading transportation consulting firm, to evaluate future traffic conditions along Golden Gate Parkway from Santa Barbara Boulevard to U.S. 41. Two specific assignments were given. The first included the evaluation of different build scenarios for the Golden Gate Parkway intersections with Goodlette-Frank Road and Airport-Pulling Road in 2005 and 2025. The second assigm'nent focused on the evaluation of different traffic scenarios due to the implementation of a second Gordon River bridge crossing. PBS&J's results are best summarized in Tables 1 and 2. Findings from the first assignment as depicted in Table 1 revealed the following: · Operations at US 41 and at Santa Barbara Boulevard are relatively unaffected by the specific improvement decision at the Airport Road and Golden Gate Parkway intersection or by the possible addition of two Gordon River Bridges The addition if two Gordon River Bridges will slightly reduce delay at Goodlette Frank Road, but add more delay at Livingston Road regardless of the specific improvement decision at the Airport Road and Golden Gate Parkway intersection 4 Given that all Airport Road at Golden Gate Parkway intersection alternatives, when optimized, do not significantly impact other intersections along the corridor, Table 1 below provides the best tool to evaluate the corridor operations and cost of the Airport Road at Golden Gate Parkway improvement options. · An overpass at Airport-Pulling Road provides significant benefit to the operation of the intersection well into the future; · Alternative improvements, such as a westbound bypass, at the intersection of Goodlette- Frank Road significantly improve the operation of the intersection. · In 2005, the signalized intersections within the study corridor are expected to operate better than a LOS 'D', with the proposed improvements; In 2025, the following intersections along the Parkway are expected to operate below LOS 'D' with the proposed improvements: Goodlette-Frank, Livingston, Santa Barbara (which is policy constrained). However, only Santa Barbara will operate below a LOS E (the county's minimum standard) for portions of the day. Findings from the second assigmnent as depicted in Table 2 revealed that an overpass at Airport-Pulling Road, along with a second Gordon River bridge crossing, provides the greatest savings in travel time, delay and fuel consumption along the Parkway corridor when compared to all other alternatives. The alternative of best conventional at-grade improvements, without a second Gordon River bridge crossing, is used as the baseline by which other alternatives are gauged. The baseline alternative has a cost of approximately $12 million. Other alternatives that were considered include: 1. An overpass without additional Gordon River bridge crossings; 2. At-grade improvements at Airport-Pulling Road with two Gordon R/ver bridge crossings; 3. An overpass with two Gordon River bridge crossings; 4. Split intersection / median U-turn concept without additional Gordon River bridge crossings; 5. Split intersection / median U-turn concept with two Gordon River bridge crossings. The PBS&J findings confirm the results of all prior studies that the only conventional or unconventional improvement that meets the needs in 2025 is grade separation. Their analysis showed that the overpass does not adversely impact the other intersections along the corridor and that the overpass, even ~vithout two new bridges, provides for nearly a 20% reduction in travel time over the entire corridor. Even with 4-lanes on a north Gordon River bridge crossing and 2-lanes on a south bridge crossing, the addition of two new bridges does not provide sufficient relief to Golden Gate Parkway traffic to eliminate the need for grade separation. Lastly, they found that the split intersection with median u-turns would initially provide better operations than at-grade conventional improvements, but would actually operate less effectively than conventional at-grade intersection improvements in 2025. Neither the split intersection nor the conventional at-grade improvements, even when combined with the additional bridges, would meet the 2025 traffic at an acceptable LOS. FISCAL IMPACT: The Overpass is estimated to cost $27.2 million, which is to be funded by Gas Ta,xes, Impact Fees and a portion of the TOPS grant. GROWTH MANAGEMENT: The design, construction, and all-inclusive detail analysis of a grade separated overpass is consistent with the Growth Management Plan and the MPO's Cost Feasible Plan. RECOMMENDATION: To recognize that an exhaustive analysis of all conventional and unconventional improvements concludes that a grade separated overpass is the only alternative achieving an adequate level of sen'ice in 2025. Secondly, to recognize that implementation of a split intersection with median u-tums would only address deficiencies for a short duration even if additional bridges were constructed and, therefore, construction of an overpass at the outset would deliver the most cost effective solution meeting the long-term needs of the entire county with the least construction disruption. And lastly to recognize that the current overpass design includes S4 million in aesthetic enhancements to maintain community character. Prepared by: Gregg R. Strakaluse, P.E. Director, Engineering & Constrttction Management Date: Reviewed by: Don Scott, AICP Director, Transportation Plarming Date: Reviewed and Approved by: Norman Feder, AICP Transportation Adrninistrator Date: 6 .C~O ua/uz/u~ 'zue: 17:23 FAX 18503090055 RItA-TALLAHA$SEE I and Assocht~, Inc. March 2, 2004 Mr. Don Scot~ Director Tnmslmrtation Planning Department Collier County 2685 South Horst~hoe Drive, Sultc 211 NapI~, Florida 34104 Re: Golden Gztc Parkway and Airport-Pulling Road Dear Mr. Scott: l_zvcl of S crvi. c,c The traffic LOS r~luirement for the intersection Ol:~Xafion is D. The concept is generally uncl~ood as fl~e toad user's perception of t. bc qualit7 of traffic flow. Thc LOS is represented by using onc of thc keaers A through F, with A generally representing thc most f~vorable conditions and F r=pt~a~ting thc least favorable. LOS A conditions arc described by traffic thai mov~ in a fr~e flow rammer without congestion. On thc contrary, LOS F conddtiom d~-'n"bc heavy congestion, cxces~ive dchys and fi~lumt ~topping. ~fol=, an objective of the mmspo~tion amlysia i~ to ex~mlnc futttro truffle conditiom mad de. amine the ability of tl~ interaction to satisfy the LOS D rt~lttitcment for the target year, 2025. LOS D meam that there maybe p~iod~ of moderato conge~on during peak lxaftio pedod~ (gmerally morning and evening pearl: hours). Agenda Item No. 10F April 13th, 2004 Page 14 of 17 KNA-TALLAHA$ SEE [~ 0 0 3 ? UU/UZ/U4 TU~ 17:Z3 FA~ 18503090055 and ~.,-~Jates, Inc, Mr. Do= Scot~ ~ 2, 2004, Page 2 A summary of the LOS criteria for signalized inter~.,ctions, as docurncnted in thc Highway Capacity M~nual, T~on Rcscamh Boa~ is provided below: A B C D E F Control Dehy vet Vehicle 10 seconds/v~h md l~ss 11-20 ~co~_.a_gvehiole 21-30 secend..~/Y~hicle . 36-55 ~=cond~whi~l~ 5(~80 see, onds/vehiclo $1 seconds/vehiclc ~ greater $ ~rn m ~ .m:Tp f_Bxi_stin~ Conditions Information provided by Co]l/er County indicat~ that thc intersection of Golden Gate Parkway and Airport-~g Road operated at LOS F (cst/rnat~ 138 seconds of~hy per vehicle) during thc cvenin8 peak hour in Year 2002 (s~ att~hcd HCS2000 tnq_ntout). E_xh~lt 2 stumnarizcs thc Ye, Ox 2002 intersection turn movement traffic volumes and exi~ng Year 2025 Int~rr~cdon LO_ SAnal_v~e~ Thc latest Iong-rangc transportation model, as provided by Collier County, was used as thc basis for developing traffic volumes for Year 2025. This transport~on model is influenced by the assumed roadway nctwork and projected socioeconomic data (,population, employment and housing), which were previously approved through the County's most recent long- range transpo~on stuay updam. ExMbit 3 shows thc resulting tn~. c volumcs estimated for Ycar 2025, which includes the assumption of ~n 1-75 intc~-b~ge. In an cffort to ach/eve thc objcctive of this work task, the intersection lanea~e was expsmied to i~s maxim~wn lanea~e potential to d~ if an at-~ade geomatic solulion was posm'ble. Laaeagc additions included cight (8) .... through hncs on Golden Gale Pa~w~ay, southbo~ triple left-trim lanes, snd dual left hun lanc~ on all other approache~. Using the maximum lancage fixtica~ed on Exh'bit 3, an inters~on analysis was conducted using two common evaluation methods (HCS2000 Signa/izcd Intersection R¢Icase 4. Id and Synchro 5). Evaluations using each method considered thrcc different signal timing altcmafivcs which also allowcd for simulumcous and complimentary left and right turn movements through thc intcrscction where appropriate. Results of thc Agenda Item No. 10F April 13th, 2004 Page 15 of 17 03/02/04 TIlE 17:23 FAX 1850,3090055 KI/A-TA~SSEE ~}004 I and ~es, c~vahmtions are shown on thc HCS2000 and Synchro $ printouts (a~t~chcd this docummtstion). Results clc, arly demo~ that thc projected LOS for Year 2025 is F (approximately IlS seconds of delay ~ ve2~iclc) for an at-grade intersection solution. These remflts arc represent~ve of vehicle delays which arc much greater thsn those of the desired LOS D rcquircmcra. C~ncl_usion Undc-rstanding that the aecept~le LOS for th;_~ inte~cction operation is D (36-55 s~conds of delay per vehicle), it is clear that tho prvj~ted traffic dc-mand cannot be ac.,oommodated at thc requirr, d LO~ standard should the interscction ofGold~a Ga~e Parkway and A/rport-PuUing Ro~l mnmin at- grade in Year 2025. In the interim, improvements such as optim/~ s/gnal t-lmi,,g, a~lding turn lanes, otc, can I~ consid~d. But thcs~ mln~r impmvc~ncnts am a short- t~rm measure that wiU not rcsolw the future tm~c dmmml. Please contact me if you h~ve any questions. Sincerely, KIMI~Y-HO~ AND ASSOC/ATES, INC. David Mm~te~, Jr., P.E. DM/dm w/~ta~tmaent~ David Mtmtcan, Ir., P.E. 1820 East Park Avenue, Suite 100 Tallahass~, Florida 32308 (850) 309-0035 Florida PE# 433368 Corporate Registration No: CA 00000696 ":'/.~' .-.. '- .," Agend~ "1~'-~,6.10F April "l'~(h, 2004 Page 16 of 17 KBA-TALLARA$$EE ~007 03/02/04 TUE 17:24 FA.~ 18503090055 EXECUTIVE SUMMARY CONDUCTING THE CONSERVATION COLLIER ANNUAL PUBLIC MEETING TO PROVIDE AN UPDATE ON THE PROGRAM'S PAST ACTIVITIES AND TO PROVIDE DIRECTION TO STAFF FOR IMPLEMENTING A FUTURE OUTREACH STRATEGY, FOR SOLICITING PROPOSALS AND APPLICATIONS, AND FOR IDENTIFYING A FINANCE STRATEGY OB.JECTIVE: As required by the Conservation Collier Program (Ordinance 2002-63), the purpose of this meeting is to update thc Board of County Commissioners (BCC) and the public on the Conservation Collier Program's past and current activities, to set a future direction for the program in regards to solicitation of proposals and applications, to identify a finance strategy, and to receive Board approval to update the outreach strategy adopted during the first outreach cycle. CONSIDE1L~_TION: Past and Current Activities Update Report: A November 2002 countywide referendum approving the Conservation Collier program authorized the County to issue up to $75,000,000 in bonds to acquire environmentally sensitive properties. In December 2002, the Board of County Commissioners approved Ordinance 2(X)2- 63 establishing thc Conservation Collier land acquisition program. A program coordinator was hired and a nine-member citizens Conservation Collier Land Acquisition Advisory Committee (CCLAAC) was selected and monthly public meetings began in March 2003. Thc CCLAAC and staff worked through the summer and fall and in December 2003, the CCLAAC selected 9 out of 21 qualified acquisition proposals to recommend to the BCC for inclusion on the Active Acquisition List. The BCC approved this list on January 2Th, 2004 with two modifications and staff was instructed to begin the acquisition process for the 9 "A" list properties with an estimated cost of $32 million. At present, these properties arc in the process of being appraised so that County staff can make an off*er to the owners. Several hurdles remain, including whether owners will accept the County's offer, whether title searches will reveal problems and whether environmental audits will uncover hidden sources of contamination. Staff expects the firsl purchases to occur in the fall of 2004. At present, six qualified owner nominations have been received since the First cycle. Also, staff has received a yd-party nomination for a multi-parcel project called the Winchester Head, a cypress and willow marsh of 141 acres located in Unit 65 of the North Golden Gate Estates. These nominations/multi parcel projects and owner nominations are located on the attached map. Proposed Outreach Strategy: At present, the CCLAAC and staff are preparing for thc second selection cycle. A maximum of 35 properties can be evaluated with current staff resources. To focus outreach for this cycle in a way that targets sensitive lands and is manageable given current staff resources, the CCLAAC Agenda Item No. 10G April 13th, 2004 Page I of 6 has recommended to focus on specific areas within the broader Target Protection Areas (TPAs) for the mailing of interest letters. While nominations and applications will be accepted from any area of the county, properties in these recommended areas are being particularly sought. The recommended Outreach Strategy is identified in Table 1. The associated Areas of Interest are labeled as 'Areas I through VI' and arc located on the attached map. As with last year's strategy, staff recommends that the BCC adopt the proposed Outreach Strategy by resolution. Accordingly, staff will return to the BCC with a resolution that implements the BCC's direction for the 2nd Cycle Outreach Strategy. Objectives for the 2"a Year of the Program: The objectives of the program's 2na year include: 1. Continue to evaluate and select qualified properties and projects, 2. Secure grant funding whcrcver possible, 3. Prepare management plans for acquired properties that incorporate conservation-based public use, and 4. Develop a program manual that defines the Program's process and procedures. Proposed Finance Strategy: Thc County Finance Committee met on February 27, 2004 and after discussion, recommended pursuing on a parallel track both a variable rate line of credit for $75 million (which provides flexibility to usc just what is needed) and a general obligation bond (which provides a lower fixed interest rate) for the amount we will need for first cycle properties. After appraisals are done, offers have been made, and title commitment and environmental audit work is completed, the actual funding amount needed can be determined with more accuracy and a decision can be made as to which funding vehicle is best. It is estimated that this cycle's costs are, at a maximum, approximately S36 million. FISCAL IMPACT: The fiscal impact of the proposed updated outreach strategy is approximately $300 for mailing interest letters to approximately 750 property owners. The cost of properties and acquisition costs will be determined later during the preparation of thc 2nd cycle active Acquisition List. GROWTH MANAGEMENT IMPACT: Fcc-simple acquisition of conse~wation lands is consistent with and supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of thc Collier County Growth Management Plan. Agenda Item No. 10G April 13th, 2004 Page 2 of 6 RECOMMENDATIONS: That thc BCC: 1. Accept the staff's annual report of thc Conservation Collier Program for the first year, 2. Approve thc proposed Target Protection Areas Outreach Strategy, as summarized in Table 1, and direct staff to bring back for subsequent approval a formal Resolution that implements this strategy 3. Approve the proposed finance strategy, as recommended by thc County Finance Committee. Agenda Item No. 10G April 13th, 2004 Page 3 of 6 - Table 1. Recommended Outreach Strategy for Cycle 2. Area II III IV V VI Objective Properties in the Immokalee area where xeric scrub plant communities are present Properties where undeveloped wetlands remain and can serve to buffer and expand CREW conservation lands Properties in thc Sabal Bay re'ca where xeric scrub, coastal strand, native beach, high marsh or tidal freshwater marsh plant communities remain Remaining native plant communities that buffer the Gordon River corridor Continued acquisition of propcllics within NGGE Unit 53 Properties that abut and expand conservation tm'get lands for Lee County Criteria for selection 10 acres or less and at least 50% vegetated-Urban TPA 10 acres or more and at least 50% vegetated and/or functioning as a buffer to CREW lands -Non-TPA 10 acres or less and at least 50% vegetated- Urban TPA Adjacent to the Gordon River corridor and at least 50c,{- vegetated - Urban TPA All Unit 53 properties not already part of Cycle 1 Active Acquisition List Undeveloped properties in S6 T48 R27 -Sending TPA S 11 T48 R26 -Sending TPA S12 T48 R26 - Sending TPA S6 T46 R28 - Non-WA Sec attached map for area locations. 4 Agenda Item No. 10G April 13th, 2004 Page 4 of 6 Map Attachment Conservation Collier- Second Cycle April 2004 Proposed TPA Outreach Nominabons / Multi-parcel Projects Qualified Owner Nomin~ions H erdr'¢ '~ ourdy \ Lee Cc urly ¢inchester earl I ~ ~ I 1 0 4 8 CoIiier Co Agenda Item No. 10G April 13th, 2004 Page 5 of 6 Item Number Item Title Item Summa~ Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10G Conducting the Conservation Collier Annual Public Meeting Conducting The Conservation Collier Annual Public Meeling To Provide An Update On The Program's Past Activities And To Provide Direclion To Staff For Implementing A Future Outreach Strategy, For Soliciting Proposals And Applications. And For Identifying A Finance Strategy 4r13'"2004 9:00:00 Arq Prepared By Alexandra J. Sulecki Community Development & Environmental Services Senior Environmental Specialist Environmental Services Approved By Charles E. Carrington, Jr., SRt WA Administrative Services Real Estate Services Manager Facilities Management Date 3/29/2004 8:41 AM Approved By William D. Lorenz. Jr., P.E. Community Development & Environmental Services Environmental Services Director Environmental Services Date 3/2912004 8:11 AM Approved By Joseph K. Schmitt Community Development Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. Date 3,'31/2004 1:27 PM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 4'5/2904 12:38 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/5/2004 1:02 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4~5/2004 1:10 PM Agenda Item No. 10G April 13th, 2004 Page 6 of 6 EXECUTIVE SUMMARY Recommendation to approve a resolution pursuant to section 112.061(14), Florida Statues, adopting the federal schedule for travel reimbursement rates for subsistence and mileage for County employees who are traveling on County business. OBJECTIVE: To-adopt federal travel rates for subsistence and mileage for County employees traveling on County business. CONSIDERATION: Reimbursement rates for subsistence and mileage for employees traveling on County business are regulated by Florida Statute 112.061 (14). Current statutory reimbursement rates have not changed since 1996. In 2003, the Florida legislature amended the Statute to permit the governing body of a county to set its own agency per diem rates by local Resolution. The federal travel rates appropriately reflect the cost of living in each city or locale and update the mileage reimbursement amount to reflect the cost of fuel and vehicle operation ensuring that employees are reasonably reimbursed for expenditures related to travel for County business. The County Attorney's office has reviewed this Resolution for legal sufficiency. FISCAL IMPACT: Any marginal increases in the cost of business travel associated with the adoption of this Resolution will be covered within the existing operating budget of each department. GROW'I'H MANAGEMENT IMPACT: There is no impact on the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt a resolution pursuant to section 112.061(14), Florida Statues, adopting the federal schedule for travel reimbursement rates for subsistence and mileage for County employees who are traveling on County business. Agenda Item No. 10H April 13th, 2004 Page 1 of 2 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10H Adopt Federal Travel Reirobursemert Rates for Business Travel Recommendation to approve a resolution pursuant to Section 112 061(14). Florida Statutes adopting the federal schedule for travel reimbursement rates for subsistence and mileage for County employees who are traveling on County business 4/132004 900 00 AM Prepared By Len Golden Price Administrative Services Administrative Services Administrator Administrative Services Admin. Approved By Len Golden Price Administrative Services Administrative Services Administrator Administrative Services Admin. Date 4/6/2004 11:54 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/6,'2004 2:22 PM Approved By Robin Johnson County Manager's Office Management/Budget Analyst Office of Management & Budget Date 4/r6~2004 1:36 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 4.6/2004 3:50 PM Agenda Item No. 10H April 13th, 2004 Page 2 of 2 EXECUTIVE SUMMARY Request to approve for recording the final plat of "Home Creek Estates", formerly known as "Little Palm Island", and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security I companion to AVESMT2003 - AR 5088, Vacation of Easement OBJECTIVE: To approve for recording the final plat of "Horse Creek Estates", a subdivision of lands located in Section 23 Township 48 South, Range 25 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-199. CONSIDERATIONS: On July 30, 2002 the Board approved the Special Treatment Permit (ST-99-03), and the Preliminary Subdivision Plat (PSP 2000-10) for this project with the stipulation that the final plat must appear on the Regular Agenda rather than the Consent Agenda. The developer and the Palm River Property Owne¢s Association are in agreement as to the development plan and stipulations contained in the Preliminary Subdivision Plat. The stipulations approved in the PSP are carried forward with this final plat approval. Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Horse Creek Estates". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering Review Services Director and the County Attorney's office pdor to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Horse Creek Estates" be approved for recording. FISCAL IMPACT: The project cost is $1,187,968.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $ 422,468.00 b) Drainage, Paving, Grading - $ 765,500.00 The Security amount, equal to 110% of the Agenda Item No. 101 April 13th, 2004 Page 1 of 5 Executive Summary Horse Creek Estates Page 2 project cost, is $1,306,764.80 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services R(~venue generated by this project: Total: $37,074.04 Fees are based on a construction estimate of $1,187,968.00 and were paid in October, 2003. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5./ac)-$1,435.00 b) c) d) Construction Drawing Review Fee Water & Sewer (.75% const, est.) Drainage, Paving, Grading (.75% const, est.) Construction Inspection Fee Water & Sewer (2.25% const, est.) Drainage, Paving, Grading(2.25%const.est.) - $ 3,168.51 - $ 5,741.25 - $ 9,5O5.53 - $17,223.75 GROVV'rH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to the final approval letter. ENVIRONMENTAL ISSUES: Special Treatment Permit No. 99-03 has been approved. HISTORICAL/ARCHAEOLOGICAL IMPACT: The developer will designate a portion of Old Tamaimi Trail as a historic site and post an appropriate plaque. An application has been submitted to the Collier County Historical Society for said designation. EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Horse Creek Estates" for recording with the following stipulations: Agenda Item No. 101 April 13th, 2004 Page 2 of 5 Executive Summary Horse Creek Estates Page 3 1. Approve the amount of $1,306,764.80 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Review Department. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Review Services Director and the County Attorney's office. c. The construction plan approval shall be subject to the stipulations contained in the Preliminary Subdivision Plat approval, as well as the Special Treatment Permit (ST 99-03). Agenda Item No. 101 April 13th, 2004 Page 3 of 5 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 101 Horse Creek Final Plat Item required to be on Regular Agenda per prewous Board direction Request to approve for recording the final plat of "Horse Creek Estates" formerly known as 'Little Palm Island". and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security (Th~s is a companion to Item 10J) 4 132004 900:00 A",I Prepared By John Houldsworth Community Development & Environmental Services Senior Engineer Engineering Services Approved By Thomas E. Kuck. P.E. Community Development & Environmental Services CDES Engineering Services Director CDES Engineering Services Date 4;52004 1:44 PM Approved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 4'7,2004 10:33 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. Date 47 20049:45AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4'7/2004 12:35 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 47.'2004 1:07 PM Agenda Item No. 101 April 13th, 2004 Page 4 of 5 z .c:' ~ Sheet 1 of 2 AVESMT2003-AR5Og8 EXECUTIVE SUMMARY Petition AVESMTg003-AR5088 to disclaim, renounce and vacate the County's and the Public's interest in a portion of the Utility Easement conveyed to Collier County by separate instrument and recorded in Official Record Book 637, Page 857, and all of the Drainage Easement conveyed to Collier County by separate instrument and recorded in Official Record Book 2248, Pages 1057 through 1058, Public Records of Collier County, Florida. Located in Section 23, Township 48 South, Range 25 East. (This is a companion item to AR 4797) OBJECTIVE: To adopt a Resolution to vacate a portion of thc Utility Easement and all of the Drainage Easement conveyed to Collier County by separate instruments and recorded in Official Record Book 637, Page 857 and in Official Record Book 2248, Pages 1057 through 1058. CONSIDERATIONS: Petition AVESMT2003-AR5088 has been received by the Engineering Smwices Department from Michael Dclate, P.E., I¥om Q. Grady Nlinor & Associates, P.A., as agent for the petitioner, Horse Creek Partners, Ltd., requesting the vacation of a portion of the Utility Easement and all of the Drainage Easement that was conveyed to Collier County by separate instruments. The Utility Easement and the Drainage Easement were established in anticipation of future phases of Palm River Estates being developed. The vacant land is now being developed as "Horse Creek Estates" and will provide for all necessm2g utility and drainage requirements. The easements need to be vacated for the orderly development of the project. Transportation's Letter of No Objection has a stipulation which will be addressed when the plat of "Horse Creek Estates" is recorded. This Vacation Petition is a companion item to the plat approval for "Horse Creek Estates." Letters of No Objection have been received fi'om the following Collier County Departments: Public Utilities, Engineering Services, and Transportation. Letters of No Objection were also received from FPL, Sprint and Comcast. Zoning is RSF-3. A copy of this Executive Summary and the date of the County Commission Board Meeting were sent to Ed Kant in Transportation and to Jacquelyn Johnson in Public Utilities on March 16, 2004. Agenda Item No. 10J April 13th, 2004 Page 1 of 36 Sheet 2of2 AVES~F2(I)3-AR5088 FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of recording and processing the Petition. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. ENGINEERING SERVICES STAFF RECOMMENDATION: Recommendation that the Board of County Commissioners: 1. Adopt the Resolution for Petition AVESMT2003-ARS088 for thc vacation of a portion of thc Utility Easement and all of the Drainage Easement conveyed to Collier County by scparatc instruments; and 2. Authorize thc execution of the Resolution by its Chairman and direct thc Clerk to thc Board to record a certified cop3' of the Resolution in thc Official Records. PREPARED BY: Rick Grigg, P.S.M. Engineering Smwices DATE: REVIEWED BY: Thomas E. Kuck, P.E. Engineering Sen, ices Director DATE: APPROVED BY: Joseph K. Schmitt, Administrator Community Development 8: Environmental Services DATE: Agenda Item No. 10J April 13th, 2004 Page 2 of 36 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10J PETITION AVESMT2003-ARS088 (HORSE CREEK EASEMENT VACATION) Petition AVESMT20OJ-ARS08$ to disclaim renounce and vacate the Ceunly's and the Publics interest in a portion of the Utility Easement conveyed to Collier County by separate instrument and recorded in Official Record Book 637 Page 857. and all of the Drainage Easement conveyed to Collier County by separate instrument and recorded in Official Record Book 2248. Pages 1057 through 1058 Public Records of Collier County Florida Located inSecbon23 Township 45 South. Range 25 East. (This is a companion item to AR 4797) 4/13'2004 900:00 AM Prepared By Rick Grigg Community Development & Environmental Services Land Surveyor Engineering Services Approved By Thomas fi. Kuck. P.E. Community Development & Environmental Services CDES Engineering Services Director CDES Engineering Services Date 3/25~2004 10:06 AM Apprm ed By JosephK Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. Date 3.'25'2004 12:27 PM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 4, 12004 9:23 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4,1/2004 10:43 AM Appro~ ed By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/2,2004 1:22 PM Agenda Item No. 10J April 13th, 2004 Page 3 of 36 RESOLUTION NO. 2004- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR PETITION AVESMT2003-AR5088 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE UTILITY EASEMENT CONVEYED TO COLLIER COUNTY BY SEPARATE INSTRUMENT AND RECORDED IN OFFICIAL RECORD BOOK 637, PAGE 857, AND IN ALL OF THE DRAINAGE EASEMENT CONVEYED TO COLLIER COUNTY BY SEPARATE INSTRUMENT AND RECORDED IN OFFICIAL RECORD BOOK 2248, PAGES 1057 THROUGH 1058, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 23, TOWNSHIP 48 SOUTH, RANGE 25 EAST. WHEREAS, pursuant to Section 125.01(0, Florida Statutes, Michael Delate, P.E., from Q. Grady Minor & Associates, P.A., as agent for the petitioner, Horse Creek Partners, Ltd., does hereby request the vacation of a portion of the Utility Easement conveyed to Collier County by separate instrument and recorded in Official Record Book 637, Page 857, and all of the Drainage Easement conveyed to Collier County by separate instrument and recorded in Official Record Book 2248, Pages 1057 through 1058, Public Records of Collier County, Florida; and WHEREAS, the Board has this day held a public hearing to consider vacating a portion of the Utility Easement conveyed to Collier County by separate instrument and recorded in Official Record Book 637, Page 857, and all of the Drainage Easement conveyed to Collier County by separate instrument and recorded in Official Record Book 2248, Pages 1057 through 1058, Public Records of Collier County, Florida; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's interests in the following described portion of the Utility Easement and in the following described Drainage Easement be and are disclaimed, renounced and hereby vacated, and this action is declared to be in the Public's interest and will provide a public benefit: See Exhibit "A" attached hereto and incorporated herein. Page I of 2 Agenda Item No. 10J April 13th, 2004 Page 4 of 36 BE 1T FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida. This Resolution is adopted this day of after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk BY: Donna Fiala, Chairman Approved as to form and legal sufficiency: Page 2 of 2 Agenda Item No. 10J April 13th, 2004 Page 5 of 36 ~ rile SOUrHV,'EST CORNER OF ~HE ! NORTHWEST QUARTER OF SECITON ~t~ !l 1,¢ TOF4Y£HiP 43 SOU~H RANOE 25 EAS~ 22~23 1532. 8~ N 89~'05' E ~84.8~' PORTION BE VACA TED UNPLA ITED N 75'J5'11" 14; 6G I I LEGEND P. ao POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING O.R. OFFICIAL RECORDS BOOK U.E UTILITY EASEMENT D.E. DRAINAGE EASEMENT S 75'$5'11" E 6O. 00' EXIIIBIT "A" SHEET I OF 2 AVESMT2003-ARS088 O' 100' 200' SCALE: l" = 200' PROPERTY DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTH~[ST QUARTER OF SEC~ON 25, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS COk(MENCE AT THE NORTH~FEST CORNER OF THE NORTHWEST QUARTER OF SECTiON 2J, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA: THENCE RUN SOUTH 00',51'55' EAST ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 23, FOR A DISTANCE OF 1,552.8,I FEEl:: THENCE RUN NORTH 89'28'05" EAST, FOR A D/STANCE OF 584.8.7 FEET TO NORI-HBEST CORN£R OF THE LANDS DESCRIBED IN OFF/C/AL RECORDS BOOK 6J7, PAGE 857, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA, THE SAME BEING THE POINT OF BE.GINNINg OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN SOUTH ,75'55'11" EAST, ALONG THE NORTH LINE OF SAID LANDS, FOR A DISTANCE OF 60.00 FEET TO THE NORTI-IEAST CORNER OF SAID LANDS, THE SAME BEING THE NORTHY~[ST CORNER OF LOT 864 OF UNIT NO. 2, PALM RIVER ESTATes, AS RECORDED IN PLAT BOOK ~, PAGE 96, OF THE PUBLIC RECORDS OF' COLLIER COUNTY, FLOR/DA; THENCE RUN SOUTH 14'24'49" WEST, ALONG THE EAST LINE OF SAID LANDS, THE SAME BE/NO THE WEST LINE OF SAID UNIT NO. 2, PALM RIVER ESTATES, FOR A DISTANCE OF 90J. OO FEET,. THENCE RUN NORTH 75'J5'lt~ IY~ST, FOR A DISTANCE OF 60.00 FEET TO A POINT ON THE WEST LINE OF SAID LANDS; THEIVCE RUN NORTH 14'24'49" EAST, ALONG THE ~ST LINE OF SAID LANDS, FOR A DISTANCE OF 905.00 FEET TO THE POINT OF BEGINNING. CONTAINING 54,~80 SQUARE FEET' MORE OR LESS. it I / , I ENGI~E~ . LAND SUR~YORS "PL4~ERS 3800 ~A DEL REY CC~;F;CATE Or A~HOR,~ATION NUMBER LB OA TE: MICHAEL L, HARMON STATE OF ~ORIDA DRA~ BY' KJGI JOB CODE' LPIPLT [ SHEET1 OF1 ~G~ DESC~PTION ~D S~CH HORSE CREEK ESTATES .4 PORTIO~r OF ~ECTIOZI 23, TOT~rSZIIP 4B 30UT~, R~NGE 25 E~4ST COLLIER COUNT~, FLORIDA DA?~' SEPTE~}IBER, 2003 I DRA }FING: B-2676 Agenda Item No. 10J April 13th, 2004 Page 6 of 36 EXHIBIT "A" SHEET 2 OF 2 AVESMT2003-AR508g rr No. lOJ ~"~ I ~ Aoril 13ih, 2004 I9~--H0.,~t~J~gSd-I'flO0~ 'JNd ~t:gt':Z0 C00Z/['t/tl 'HD,L3NS (]NV 9'VD39 '6MP I~Z/-E-B~6'~P~0NV3SI F'IgVcl 3'~,~\sv'e{°"J"J;~t~u~7 of 36 Attachment "C" PETITION FORM FOR THE EXTINGUISHMENT OF PUBLIC DEDICATED EASEMENTS RECORDED BY SEPARATE INSTRUMENT IN THE PUBLIC RECORDS (OTHER THAN ON A SUBDMSION PLAT) ON PLATTED OR UNPLATTED LAND, EXCEPT FOR PUBLIC ROADS Date Received: A/~,.,'. t q'. ~ Petition #: Petitioner (Owner): Horse Creek Partners, LTD. Address: 1166 Dimock Lane City/State: Naples, Florida Telephone: Zip Code: 34110 Agent: Q. Grad¥ Minor & Associates, P.A.; Michael Delate Address: 3800 Via Del Rey City/State: Bonita Springs, FL Telephone: 239-947-1144 Zip Code: 34134 Location of Subject Property: The property is north of Immokalee Road between Colliers Reserve and Palm River. Location: Section 23 Township 48S Range. 25E Official Record Book Page (s) Current Zoning:.RSF-3 Does this affect density? No Legal Description: Please see attached Exhibit A. Reason for Request: To plat and develop vacant property. I hereby authorize Agent above to represent me for this petition: [] Yes Print Name [] No Date (q>itle) ' Please see "Policy and Procedure for the Extinguishment of Public Easements by Separate Instrument" for the list of supportive materials which must accompany this petition, and deliver or mail to: Community Development & Environmental Services Division Planning Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 (1) If applicant is a land trust, indicate the name of beneficiaries. - (2) If applicant is a corporation other than a public corporation, indicate the name of officers and major stockholders. (3) If applicant is a partnership, limited partnership or other business entity, indicate the name of principals. (4) List all other owners. Attachment "C" Page 1 of 4 Agenda Item No. 10J April 13th, 2004 Page 8 of 36 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt fTrans Number tDate t Post Date ~Nbr ~9~ 11/24/2003 9:02:46 AM 11/24/2003 Appl Name: 1. GRADY MINOR & ASSOC. Appl Stage/Status: REVIEW STAGE NO. l/PENDING Address: MICHAEL DELATE 3800 VIA DEL REY BONITA SPRINGS FL 34134 Proj Name: HORSE CREEK ESTATES Type: RSF TAZ: 16 Subdiv Nbr: 100 Project Nbr: 2001120033 Payor' ESTATES AT HORSE CREEK Fee Information Fee Code Descri_ption 10TRVC iVAC EASEMENT-ROW iG.L Account ~ 1~-2632910000000 Total Amount t Waived $1000.00 1 Payment Code ~ CHECK Payments tAccount/Check Number 1046 Amount' $1ooo.oo Total Cash I $0.00' Total Non-Cash $1000.00 Total Paid I $1000.001 Memo: Cashier/location: GARRETT_S / 1 User: SMITH_G Collier County Board of County Commissioners CD-Plus for Windows 95/NT Agenda Item No. 10J April 13th, 2004 Page 9 of 36 Pnre~/rD Numbee:- Ozmnn~ # I T'II~: Warranty Deed Th~ Indenture, Made t/dS ~.~..clog day of Palm River Estates, Inc., an Ohio 3227881 OR: 3351 PG: 3048 RllC'OIIDI0 in O~IClAL I~¢0RDS o~ ~I~ C0~, 07/~5/200~ at II:17~ DII~ 1. llO~I, alii Co~s ~75000~.00 ~Oe-. 70 472~0.0~ ~O~T~ COLZ~ Z? A~ corporation , 2003 A.D., I~etween Horse Creek Partners, Ltd.a Florida limited partnership ~oad~ss is: 1166 D~mo~c Lane· Naples· ~L 34110 , grantor, of ~- CounV of Collier , Sat, of Florida , grantee. Witue~$ eth u~ the GRA~OR. fox' ~d ~ ~i~afl~ o~e ~ of ......... T~ DOL~ ($10) ~, ~d ~ g~ ~d ~bl~ ~id~ ~ ~OR ~ ~ ~d ~ ~ ~e ~ ~f ~ ~y ~1~ ~m~ b~g-;-~ ~ sold to ~* ~d G~ ~d ~B'S ~ s~ ~d ~ ~. ~c f~ ~ 1~ SR~ EXHIBIT A, ATTACHED HERETO AND INCORPORATED BY REFERENCE. Subject to current taxes, easements and restrictions of record. ~d thc grantor docs hereby ful.ly wm'r~ut tl~e fi'de to s~id land, and will defend ~h~ esme against lawt~ cJ.,~,,~ ,:d' mil persons w'nomsocver. In Witness Vi/hereof, ~b~ sr~or h-- b=*c,.mm s=t i~ h~a ~d seal tl~ ,~-y snd ycsr ~ ~ovc ,,,rltt~a. Signed, se. sled and delivered in our presence: Signature Wf~ebs #l print name: / Tammy J. A~hbee print D~o: / J~es King P~lm ~v~r Es~a~as, Inc., ~n Ohio STATE OF O~IO Th~ fot"~4~'oi~,$ ~.wtru~-nt ~ a~owlo~ed ~0~ me ~w 2 1 s C ~y of J~es Uelinok, President of Yah ~ve= Estates, co~oration on behalf of ~ co~ora~ion Agenda Item No. 10J April 13th, 2004 Page 10 of 36 Exhibit A PARCEL A: A PARCEL OF LAND LOCATED IN SECTION 23, TOWNSIlll~ 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLOP_IDA, BEING MORE PARTICULARLY DF..SCK[BED AS FOLLOWS: BEGIN AT THIS NORTHWEST CORNER OF THE NORI"H'WF~T QUARTER OF SECTION 23, TOWNSHIP 48 SOUTH, P..A.NGE 25 E~T, COL~ ~, ~A; ~C~ K~ SO~ 89~57B1" E~T ~ONG ~ NORTH ~ OF ~ NOR~T QUeeR OF S~ 8E~ON 23, FORA DIST~ · OF ~650.07 ~ TO ~ NOR~ST CO~ ~; ~N~ R~ NOR~ 88021'~'' ~T, ~NG ~ NOR~ ~ OF S~ NOR~T Qu~ OF SEC~ON ~, FOR A D~T~ OF 1283.88 ~BT TO ~ NOK~T CO~ OF ~T 4 OF p~ ~ ESTA~ ~ NO. 5, ~ ~CO~ ~ P~T B~K 10, PAGE 92 OF ~ P~C ~~S OF'~LL~R ~~, ~A; ~~Y L~ OF S~ P~ ~ ~STA~ PO~ ON A ~~ ~ CON~ NOK~T, ~OSE ~S PO~ B~ N~ 78°02'~'' ~ST, A D~~ OF 140.~ ~ ~OM; ~ R~ SO~~Y ~ONG ~, ~OUGH A ~ ~G~ OF 47°43'43'', ~~ BY A ~O~ OF 113~g FE~ AT A B~G OF SO~ 35°49'27'' ~, FOR ~ ~C ~G~ OF 116.62 ~ TO ~ NOK~ ~~ OF L~ 1057 OF P~ ~ ~TA~S ~ NO. 3, ~ ~COD~ ~ P~T B~K 8, PAGE 9, OF ~ P~LIC ~CO~S, ~ S~ B~G A ~ ON A ~~ ~ CONCA~ NOR~ ~OSE ~S PO~ BE~ NOK~ 30°22'06~ ~ST, A DIST~ OF 74.~ FEET ~OM; ~ R~ ~S~Y ~NG ~A~S ~NO. 3 ~ ~ ~C OF S~ ~ TO ~ ~O~, ~O A ~S OF 74.77 ~T, ~OUGH A ~ ~G~ OF 42~'~'', ~~ BY A ~O~ OF 54.~ ~ AT A BErG OF ~ 80049'06'' ~T, FOR~ ~C LBNG~ OF 55.30 FE~ TO ~ ~ OF S~ ~; ~CE K~ NOK~ 78001'52" ~T ~ONG S~ NOKT~Y ~, FOg A DIST~ OF 500.~ ~; TO A PO~ ON A ~C~ ~ CONCA~ NOR~AST, ~OSE ~$ PO~ B~ NOR~ 11 °58'01" ~, A DIST~ OF 220.40 NOR~S~Y ~ONG S~ NOK~Y ~ ~ ~ ~C OF S~ ~ ~ ~ ~GHT, ~O A ~ OF ~0.40 ~, ~O~ OF 219.37 FB~ AT A B~G OF NOK~ 48°11'15~ ~ST, FOR ~ ~C ~NG~ OF ~.~ ~ ~ ~ ~ OF S~ ~; ~ K~ SO~ 88°~8~ ~ST, ~NG ~ NOR~Y ~ OF S~ P~ ~ ESTAT~ NOK~T ~~ OF ~T 1075 OF SO~ ~1'52~ ~, ~O~ ~ ~Y L~ OF S~ P~ ~K ESTA~S ~ NO. 3 FOK A D~T~ OF 185.00 ~TTO A PO~ ON ~ NOK~ ~G~F-WAY ~ OF ~SS WAY OF $~ P~ ~ ~A~S ~G~-OF-WAY ~, FOR A DIST~CE OF 9.54 ~ET; ~N~ R~ SO~ 00°01'52" ~T, ~ONG S~ ~S~Y ~, FORA DIST~ OF 125.00 ~ET TO ~ SO~T ~~ OF LOT 909 OF S~ P~ ~ ~TATES ~NO. 3; 80~Y L~ OF S~ P~ ~R ESTA~ A ~ ON ~ BO~Y OF ~ ~S DES~ ~ O~ ~~S B~K 601 AT FO~ O) CO~ (1)S~ ~0~20~ ~ FOR A D~T~ OF 350.~ ~; (~) S~ 40'05~0'' ~ST FOR A D~T~ OF 550.00 ~T; (4) NO~ 7&32'25" ~T FOR A D~T~ OF 72.82 ~T TO ~S D~~ ~ O~C~ ~O~S B~K 1436, PAGE 1854, OF S~ P~LIC ~~S; ~ K~ NOR~ 75°35'11~ ~ST, ~O ~ NOR~Y L~ OF ~ ~S, FORA D~T~ OF 15.00 ~T TO ~ SO--ST ~~ OF ~ ~S D~~ ~ O~C~ ~CO~S BOOK 2254, PAGE 1857, OF S~ ~C ~CO~S; ~N~ K~ NOK~ 14~24'49'' ~T, ~NG ~ ~Y ~ OF S~ ~S, FOR A D~T~ OF 100.00 Page 1 of 3 Agenda Item No. 10J April 13th, 2004 Page 11 of 36 OR: 335~ PG: 3050 NORTHERLY LINE OF SAID LANDS, FOR A DISTANCE OF 25.00 FEET TO THE SOUTfIEAST CORNER OF THE LAN-DS DESCRIBED IN OFFICIAL RECORDS BOOK 1519, PA(}E 888, OF SAID PUBLIC RECORDS; THENCE RUN NORTH 14°24'49" EAST, ALONG TIlE EASTERLY LINE OF SAID LANDS, FOR A DISTANCE OF 125.00 FEET TO THE NORTftEAST CORNER OF SAID LANDS; THENCE RtYN NORTH 75"35'11" W'EST, ALONG THE NOR~Y LINE OF SAID LANDS FOR A DISTANCE OF 75.00 FEET TO TI-IE BEGINNING OF A TANGENTIAL CIR~ CU'KVE CONCAVE SO--ST; TttENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CUR~ TO THE LEFT, HAVING A RADIUS OF 25.00. FEET; THROUGH A CENTRAl. ANGLE OF 90°00'00"; SUBTENDED BY A CHORD OF 35.36 FEET AT A BEARING OF SOUTH 59°24'49" WEST, FOR AN ARC LENGTH OF 39.27. FEET TO THE END OF SA_ID CU~V]~; TI-IENCE RUN SOUTH 14°24'49" ~ FOR A DISTANCE OF 600.00 FEET TO TH]E NORTHWEST CORNER OF LOT 811 OF PALM RFVEK ESTATES UNIT NO. 2, PLAT BOOK 3, PAGB 96, OF SAID PUBLIC RECORDS; THENCE RUN NORTH 75°35'11" W~ST, ALONG ~ NORTE[ERLY LINE OF SAID PALM RIVER ESTATES UNIT NO. 2, FOR A DISTANCE OF 310.00 FEET TO TIlE NORTHWEST CORNER OF LOT 864 OF SAID PALM RIVER ESTATES UNIT NO. 2; THENCE KIIN SOWIlq 14~4'49" WEST, ALONG TI~ WEST LINE OF SAID PALM RIVER F_STATES 13HIT NO. 2, FOR A DISTANCE OF 1369.00 FEET TO A POIlXFr ON THE NOR~ CORNER OF OLD TAMIAMI TRAIL A~ SHOWN ON PLAT OF PALM RIVER ESTATES UNIT NO. 7, PLAT BOOK 12, PAGE 30, OF SAID PUBLIC RECORDS; THENCE RUN NORTH 75°35'11" WEST, ALONG THE NORTH LINE OF SAID OLD TAMIAMI TRAI~ FORA DISTANCE OF 60.00 FEET TO THE NORTHWBST CORNER OF SAID OLD TAMIA~ TRA/L; THENCE RUN SOUTH ' [4~24'49'' WEST, ALONG ~ WEST LINE OF SAID OLD TAMIA_MI TRAIL, FORA DISTANCE OF 60.00 FEET TO TI~ NORTI{EAST CORN]ER OF LOT 1, BLOCK Co OF SAID PALM RIVER ESTATES, UNIT NO. 7; THtiNCE RUN NORTH 75~3F11" WEST, ALONG THE NORTH LINE OF SAID LOT 1, BLOCK C, FOR A DISTANCE OF 223.95 FEET TO TltE WEST LINE OF THE SO~ QUARTER OF SAID SECTION 23; THENC~ FUN NORTH 00°30'28" WEST, ALONG SAID WEST LINE, FOR A DISTANCE OF 196.96 FEET TO TH]E SOLrl3FIWEST CORNER. OF THE NORTHWEST QUARTER OF SAID SECTION 23; THENCE RUN NORTH 00°31'56'' W-F. ST, ALONQ ~ W~ST ~ OF SAID NORTHWEST QUARTER, FORA DISTANCE OF 2,658.77 FEET TO ~ POINT OF BEGINNING OF TI~ PARCEL OF LAND HEREIN D~ED, CONTAIN~G 85.602 ACI~S, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO TItE NORTH LINE OF TH~ NORTHWEST 1/4 OF SECTION 23, TOWI~S~ 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA AS BEING S 89°5731." E. ~ PP..OPEI~TY IS SUBJ'P.C'r TO F. ASE~, RE..~ERYATIONS AND OR RF. STRICrIONS OF RF. CORD. PARCEL B: Lots g56, 857, 858, 859, 860, 861,862, 863 and 864, Unit No. 2, PALM RIVER ESTATES, according to the plat thereof recorded in Plat Book 3, Page 96, Public Records of Collier Couaty, Florida. PARCEL C U1NTi? HO. 1 OF PALM RIVER ESTATES PARCEL ONE: (a/k/a A portion of Out Lot 1, Unit No. 1 of Palm_ River Estates, PB 3]90) A parcel of Iand lying in that part of Unit No. I of Pa ..hn~ River F. states as recorded in Plat Book 3, Page 90 of the Public Records of Collier County, Florida being dcscribcd as follows: Commencing at thc Soutkwcst comer of said Unit No. 1 of Palm River F. ztates Subdivision, run N 89 degrees 24' 30" E along th~ South line of said subdivision for a diatancc of 120.01 fcct to an in--on with the East linc of those lands recorded in O. IL Book 1775, Page 2026 of said Public Records arid the Point of Beginning:. Page 2 of 3 Agenda Item No. 10J April 13th, 2004 Page 12 of 36 OR.: 3351 PG: 3051 *** Thence along the East llne of said lands N 00 degrees 01' 12" E 55.50 feet to an Intersection with the South right-of-way line of Piper Boulevard; Thence along sa!d riglR-of-way line s 89 degrees 58' 48" E 265.00 feet to a point of ~xwtu~; Thence 39.27 feet along the ate of a curve concave to the Southwest bavi~ a radius Of 25.00 feet, a ce~A, al angle ofg0 degrees 00' 00" and a chord of 35,36 ~'eet be~ing S 44 degzees 58' 48' E to a l~fint oftangency and an i~tersectiou with flae West right-of-way linc of Palm River Boulevard; Thence along said right-of-way li~e $ 00 degrees.01' 12" W 27.40 feet to said South l~e of U~Jt No. 1 of Pa!re. River Eatates Subdivision; Thence along said line $ 89 degrees 24' 30" W 290.02 feet to the PO/1N-~ OF BEGI}qlqI~G. PARCEL TWOi (a/Wa ~ portion of Out Lot I',~UnR ~o. 1 of l'alm River Estates, PB 3/90) A parcel oflmad lying in that part of Unit No. 1 of P_,]~ River Estates as recorded in Plat Book 3, Page 90 of the Public Records of Collier Couaty, FIodda be~ descnq)ed as follows: Begimaing at thc Southeast corner of ~aid Umt No. 1 of Palm River Estates Subdivision, nm S 89 degrees. 26' 00' W along the South line of said subdivision for a di~ of 620.g7 feet; Theaee-coatinuc ai~0ng saifi.li~.* $' 89 d~.grc~g 24' 30" W 125.01 feet to an intersection with the East n'ght-of-way line'0f:~'.M~.'..Pi.ver Boulevard; Th~oe alox~ sa~d right-of-way line N 00 degrees 01' 12" E 26.34 feet to a point of curvature; Tl~enee 39.27 feet along the ar0 ora curve concave to the Southeast having a radius of 25.00 feel a central angle of 90 degrees 00' 00' and a chord of 35.36 feet bearing N 45 degrees 01' 12" E to a Point of Tangeney and an intexseetion with the South right-of-way line of Piper Boulevard. Thence along said right-of-way line S 89 degrees 58' 48" E 720.84 feet to an intexsecticm wi~ the East line of said Unit No. 1 of Palm River Estates Subdivision; Tlaence along said llne S 00 degrees 0I' 12" W 43.66 feet to the POINT OF BEGINNING. Page 3 of 3 Agenda Item No. l OJ Flori~, a ~l subdivlalon ~dar ~e l~ws oi ~e S~tc of ~orlda, a u~ty beht h Collier ~, Flori~, ~,'.~'&37 ~ 857. A parcel of land lying in Section Z3, 'I o,-msl,ip 48 South, Range 25 east, ' ' in Collier Couty, Ylo~d~, and more picr~cularly descend as follows: Beginning at the most northwa,.tcrly corner of U~It-No. ~_, u recorded la ~]at ~ook 3, Page N 75'0Z'00" W for 60 feet; ~enc~: S 14'58'00" W for 1,554 {eet; then6e S 75'02'00', E for 60 feet; ~ence fe~t tO ~e po~ of begi~g. ' ~d a~d O~s 4o hereby f~y ~rr~ ~e Htl~ to ~ ~, ~d w~ ~{~7 - : This- ~lemcnt is g~ed for the ~r~ae of ~S~on ~C:" ~ce'o~ ~ter, ~ o~'er mu~l . c.ep~Lug road *ur~tces ~ drab~ge laciHti(ts ~ it~ bO~dazie~, w~ would f " '~'~Y ~F. interfere wi~ ~e o~ra~on ~d ~inte~ce of ~e ~lity syste~ ' 211( 596 OR: 2248 lllIllII It II:ll~ ~I~l I. I~ I~ ~I Il.ti ~-.~ .II It~n: River P~. Inc. an ~ cerporat~n, whose post-off~ce address ia 113 Viking Way, Nzpk~, Flodda ~41]0, a~ ~, ~ ~ C~, a ~ ~ of ~ S~ of ~ ~ a ~ ~3~1 ~T~T~~F~ MII~ i~~ ~ pL~. ~ ~ ~c I~ f~ ~ ~ of ~ ~n~ ~ ~g ~c Palm Eivcr F. statcs, Inc. STATE OF ohio COUNTY OF Va_,x~ by {nI~) .1trace Jelinek . (lil~) l~tesident (A~x Not~'m ,~:~) Off Ice of the C~t7 At~y~-' 0ctobar , , 1996 · of Palm RiWr Bstal~a. Tm~,.J, ]'tppard (Pr~ Nan~ ofNo~y Pobtic) My C. mnmi~. 'on Exglna: &--2~-2001 Agenda Item No. 10J Apdl 13th, 2004 Page 15 of 36 00'01'5.5" E P.O,C,- PeOn' P.O.B, - Poerr A 20 FOOT VSDE :S1RIP OF LAND IN N~ QUARTER COUUENC~G Al' THE SCXITHV~ST CCRNt~ OF LOT 107.5 PALM ~VER E~rA'i~S, UN~ 5, PLAT BOOK 8, PAGE 9 AT ~A¥, RUN ~ (XTOI*.55" FAST 4.50 FEET TO THE .~31NT OF* ~G~N~ '/HENC~ TE~S OF CYPRESS WAy (60'.,~:U~._ T-OF'-WAy) S(XJ'TH 56.60'; '[HENCE NOR'IH D0'39'21' ~ 169.9G'; THEI~ FAST 150.34'; THENCE ~OUTH 72'23'16' FAST 42.~Z' TO SKETCH OF DESC~P*IION NOT A S~RVEY~, LINE PN.U RIVER ES'I'ATi~ UNiT NO. 3 (P.~. s. PC,. 9) LOT '~"~P.O.B. CYPRESS WAY WWILKISON ~c ASSOOI,a~.TES ~'~) ~,.~-z,m,~ FAX ~ (~) 0~ I~ m l~=~ I .k~ ~-~4ndaltemNo I April 13th, ~0~ '~ ~ ~ ' - i Page16of36 Parcel Page 1 of 1 Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 341 12-4997 2002 Tax Roll Inquiry System OWNER INFORMATION l Name:I[PALM RIVER EST INC Address:II113 VIKING WAY Addres.si]I Address:IlNAPLES, FL 34t 10-1135 VALUEIEXEMPTIONS I[ II TAX INFORMATION Taxble Value:l[2378779 tl Cou. NIg,30S.S4 M,,,a e e:llo59 "1111 Sc,oo, st:lllo. 5.31 ,o.,~td Ex:Il0' 1/11 *~ ~:ilo IIII c~,.x:llo.oo wi~ ~~]~~Oop~dt:ll2,3a2-OS Veteran Ex:Il0 Voter Appr:][63.75 Civilian E;:IIo PROPERTY INFORMATION IParcel:]100159000003 Acre:Il81.48 I Loc:11482523 482523 TRS=, NAPLES [ Legal:Il23 48 25 ALL, LESS S 100FI OF I Leg&l:llW 650FT AS DESC IN OR 165 PG ~1114, LESS R/W FOUND IN OR 188 ~IPG 88-89, LESS PALM RIVER IL__ PAY TERMS ~131,069:57 PAYMENT INFO Paid Ot :JJ03131/03 STATUS INFO. Non Ad va:liN Installment:liN Deferred:liN Bank~pt::llN TDA:II0 EXTRA LEGAL INFORMATION IESTS UNIT 3 (68) LESS OR 237 PG 140-141 (5), LESS OR 238 PG 562-563 (6), (69) LESS OR 284 PG 74-75 (8), LESS OR 1269 PG 640 (9), (70) LESS PALM RIVER ESTS UNIT 4, LESS OR 523 PG 524, LESS OR 470 PG 663, LESS OR 488 PG 1945, LESS OR 518 PT 766, LESS PAR (4) AS DESC IN OR 601 PG 1467, 1468 LESS OR 6.79** PG 1646 (15), OR 717 PG ~1491 COMBINED WITH LT (628), LESS OR 1022 PG t899 (15) 91.98 AC OR 284 PG 76-81 OR 470 PG 661 Last Updated: 9/24/2003 5:00pm http://www.colliertax.com/RecordDetail.asp?FoliolD=00159000003 Agenda Item No. 10J April 13th, 2004 Page 17¢6153B303 Parcel Page 1 of 1 Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry SyStem OWNER INFORMATION J Name:JiPALM RIVER EST INC Address:Jl'113 VIKING WAY Address:Il Address:Il Address:J[ ~~.APLES, FL 34110-1135 Taxble Val,e~l[~1336 Jill c°°"~:JlFoo.s~ Agridtr Ex:J OL__~ ~dow Ex.Jl-~-----1 Disa~"e~:l ol~____J Veteran E×:II6 Who,~, ~xilF---'"- Civilian Exj[O cie Ta×:ll0.00 Dependtil149.91 I Independ:l[ST-3:~ '1 Voter Appr:J["l.38 Gross Tax:]lO91.25 Advertising J[5.97 j~ PROPERTY INFORMATION [Parce~l~527472°°°9 II Acre]l'o-26 ~1236 OLD TAMIAMI TRL, NAPLES (Map) ~[PALM RIVER EST UNIT 2 LOT 056 PAY TERMS ~ PAYMENT INFO Nov:[[663.60 Dec:ii670.51 Jan:liS77.43 r' Feb:lj~s'~.34 Mar:Il691-25 I STATUS INFO. Non Ad vql. Installmentl~N I Deferred:liN i Last Updated: 9/24/2003 5:00pm http://www.colliertax.com/RecordDetail.asp?FoliolD=65274720009 Agenda Item No. 10J April 13th, 2004 Page 18Pd¢~03 Parcel Page I of I Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry System Taxble Value:il51336 [ .o.estd ~:l~llE s~.~oc:llaaa.s2 Blind Ex:Il0 1~~ Water:ii27-03 Disabled:Il0 ,I Independ:[157'33 w,.,~. E~:ll0 . IVoter Appr:lJ~ mo,y [~1° I ~o~ T~:lbo~.2~ Adver[sing:]JS.97 Ma~]~0.00 Last Updated: 9/24/2003 5:00pm http://www.colliertax.com/RecordDetail-asp?F°li°ID=65274760001 Agenda Item No. 10J April 13th, 2004 Page 1 Parcel Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry System Page 1 of 1 OWNER INFORMATION PROPERTY INFORMATION Name--].' [PALM RIVER EST INC ~ 6~-74800000 E~~IAMI TRL, NAPLES Address-~.' [113 VIKING WAY ~~G 127 [VALUE/EXEMPTIONS--] TAX INFORMATION PAY TERMS ~ i PAYMENT INFO TaxbleValu~J5'1336 j ["" C°un~Y:I[~00'S2 I [ NOv:]I663'60 I Paid Dt~103m/03 Millage ~d~s9 S~ool St:J~23.26 ~ Dec~[670,51 , Recp~[~5638 r .om~td E~I0 ji S~oo~ ~oc:II~3~.S= ] [~ Ja.:J~+7.43 I [' Ma~h:J[0S Agdc, e E~:II0 [.. Ci~ Tax~l[o.oo ] Fe~84.34 J ~owEx:llo ~"~1""-"~ ~ :[~' u~,:ll~,~.~, ~ (~ .,.~ Ex:Ilo I w~t~:l[~z.o3 ] I' ~,:l[d~o 1 ' Oi~b~:llq '"U~P~"d~Isz'33 1 M~HI~.o0 ~ STATUS ~NFO. Veteran Ex:II0 . Voter Appr~l[~.38 ] [' Non Ad Civilian Ex:ii9 I Appr f~ib.0o TDA:[L0' Last Updated: 9/24/2003 5:00pm http://www.colliertax.corn/RecordDetail.asp?FoliolD=65274800000 Agenda Item No. 10J April 13th, 2004 Page 2092~0003 Parcel Page 1 of 1 Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry System OWNER INFORMATION PROPERTY INFORMATION ?arcel:l165274840002 II Acre:Il0*26 Name:I[PALM RIVER EST INC Address:lit 13 VIKING WAY Address:II Address:Il Address:iINAPLES, FL 34110-1135 VALUE/EXEMPTIONS Taxble Va~ue:lls~ 336 Millage Code':l~'~] .omestd Ex:HO .,l Agricltr Ex:Il° I B,i.d Ex:lie DisaUed:ll0 Veteran Ex:I~ TAX INFORMATION Coun~:]12oo.82 Schoo, St:l[223.2S [ sohoo~,oc:ll.~.s2 cit~ Tax:lie.Go Dependt:l149.91 water:Il2?.°3 [ Independ:l157-33 V°ter Appr:IIa'38 Gross Tax:J[691.25 L Appr fee:lJo'°o ] J- Ad,,erU~i,g:lls.s~ J Loc:Il259 OLD TAMIAM! TRL, NAPLES I LegaI:JJPALM RIVER EST UNIT 2 LOT 859 I Legal:llOR S08 PG 127 Legalill Lega':lt PAY TERMS Nov:II663.60 L Feb:l[684'34 Apr:il0.00 May.~Je.00 PAYMENTINFO Paid Dt :JJ03/31/03 Recpt:Jll$639 Mach:ll0S Pavm~:l169a.2S Moa:Il0 STATUS INFO. Inst~liment:]IN Deferred:JlN Bankrupt::llN TDA:JJ0 Last Updated: 9/24/2003 5:00pm http://www.colliertax.com/RecordDetail.asp?FoliolD=65274840002 Agenda Item No. 10J April 13th, 2004 Page 219¢rJ~3~003 Parcel Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry System Page 1 of 1 OWNER INFORMATION Name:JlPALM RIVER EST INC Address:Ill 13 VIKING WAY Address:Il Address:II Address:J[ Address:J[NAPLES, FL 34110-1135 VALUE/EXEMPTION~- Taxble Value:J~ Millage Cocle:J [~'~] Homestd Ex:J[~-'-----1 Agricltr Ex:il0 Widow Ex.~[0 s,i.d re:Ilo I Oi~ab~ed:ll,° I Vote,-a. E×:IIO 1 V"ho"~, Ex:II~ZZZZ] CivilJan Ex:li'~---'~-~ TAX INFORMATION County:JJ20o.s2 School st:Il223.26 City Dependt:Jj49.91 Water:lp?.o3 Independ:l157.33 Voter Appr:JJl.38 Gross Tax:J[691.25 Advertising:liS.97 PROPERTY INFORMATION __~J ~[~527'4880004 ]~ 0.L~_~- Nov:j J663,60 Dec:l167o.51 Jan'~l.677.43 Feb:ilia84.34 ~"~ 2~OLD TAMIAUI TRL, NAPLES I,LegaI:IIPALM RIVER EST UNIT 2 LOT 860 ~loR ~08 PS PAY TERMS PAYMENT INFO Mar:J J691.25 j Apr:lie'00 I Paid Dt :1J03/31103 Recpt:lJ15c~0 1 Mach:llbs UorH[O STATUS INFO, Non Ad Va:JJN Installment:J[_N Bankrupt::J[N TDAiJIo J Last Updated: 9/24/2003 5:00pm http://www.colliertax.com/RecordDetail.asp?FoliolD=65274880004 Agenda Item No. 10J April 13th, 2004 Page 229¢~_~3~o03 Parcel Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry System Page 1 of 1 OWNER INFORMATION PROPERTY INFORMATION [ Parcel:l165274920003 11 Acr~:l10'26 I Name:I[PALM RIVER EST INC Address:,ll~ ~3 V~Km(~ WAr Address:Il Address:Il ~dress:[I Address:ll.APLES, FL S,..-. 3S VALUE/EXEMPTIONS Taxble Value:Il51336 Millage Code:l1059 , I Homestd Ex:Ilo i A~c"r E×:II0 ',] Veteran E x:lr~----~-~ Who,~ E×ill-O----~~ Civi,an E×:II0 I TAX INFORMATION C°"n~':112°°'82 School Sti!1223.26 School loc:ii131.52 Ci,y Tax~.'l[0.00 Dependt:l[49.91 ,ndepe.d:llST.33 Voter Appr:Jl1.38 ~ro~ ~a×:ll~"'.~ I Appr fee:llo.oo Advertising:liS-97 I I Loq:l!266 OLD TAMIAMI TRL, NAPLES I Legal:IIPALM RIVER EST UNIT 2 LOT 861 I Legal:lIOR 508 PG 127 ~[ PAY TERMS I N°v:l1663'60 I Dec:lls?0'S~ L Jan:Il6?7'43 I Feb:l[684'34 [ Ma,r:l169~.25 I PAYMENT INFO Paid Dt :1103131103 Mach:ll0S Mo,t:lle. STATUS INFO. Non Ad Va:liN Installment:liN Deferred:liN i Bankrupt::l[N ~ TDA:ll0 Last Updated: 9/24/2003 5:00pm http://www.colliertax.com/RecordDetail.asp?FolioID=65274920003 Agenda Item No. 10J April 13th, 2004 Page Parcel Page 1 of 1 Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry System OWNER INFORMATION J PROPERTY INFORMATION Name:JlPALM RIVER EST INC Address:ill 13 VIKING WAY Address:Il Address:Il Address:Il Address:HNAPLES, FL 34110-1135 IP~°el:llss2ms°°°s tl A~e:II0-2S I ,~:11272 o.D T^M,^M, TR,, .^..ES ~-~.m I LegaI:[IpALM RIVER EST UNIT 2 LOT 862 I L~aqlOR 508 PG 127 I 'ega':ll I ~-ega,:ll' VALUE/EXEMPTIONS Taxble Valu e: I1~-~~ Millage Code:l~'~-~ Homestd Ex:l['~-"--] Agricltr Ex:l[~ I ~idow ~:1~ Wh°"Y Ex:ll~ II Civi,ia. E×:II0 II TAXINFORMATION School St:11223.26 School Ioc:]1131.52 City Tax:Il°'°° I Depe"dt:ll4"'9~ I Voter Appr:][1.38 Gross Tax:II691.25 Appr fee:j[0.00 Advertising:115.97 PAY TERMS I Nov:Il663.60 Dec:11670.$1 I ~:11~8~.~'~ I Mar:Il691 I A~':llo.oo I I Ma~:ll".o0 I I I I PAYMENTINFO Paid DI :JJ03/31/03 Recpt:JJlsr:,42 Ma~h:ll05 I Paymt:J169~.25 I Mod:Ilo STATUSINFO. Non Ad Va:liN Installment:liN Deferred:liN J Bankrupt::JlN ~-~A:ll0 Last Updated: 9/24/2003 5:00pm http://www.colliertax.com/RecordDetail, asp?FolioID=65274960005 Agenda Item No. 10J April 13th, 2004 Page 249~3_~003 Pmrcel Page 1 of 1 Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry System OWNER INFORMATION I t Name:IIPALM RIVER EST INC Address:Ill13 VIKING wAY Address:Il Address:Il Address:Il Address:IINAPLES, FL 34110-1135 TAX INFORMATION coun~:11216.,0 School st:l124o.2s Schoo~ Ioc:11141.53 city Depend,e. ll$3.70 Voter Appr:lll Gro~ Tax:l[743,~ ~r~:llo.oo Advedisin9:]l5'97 PROPERTY INFORMATION IP~f~eHI6s2?SO00003 II Ac~e:llo.28 I Loc:]1280 OLD TAMIAMI TRL, NAPLES J[~pJ ~-~-~IPALM RIVER EST UNIT 2 LOT 863 ~IoR 508 PC, 127 PAY TERMS I N°V:ll?'~4'°9 Last Updated: 9/24/2003 5:00pm http://www.colliertax.corrffRecordDetail.asp?FoliolD=65275000003 Agenda Item No. 10J April 13th, 2004 Page 2 5)p2f5~D 03 Parcel Page 1 of 1 Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34'112-4997 2002 Tax Roll Inquiry System OWNER INFORMATION Name:IIPALM RIVER EST INC Address:Ill13 VIKING WAY Address:Il Address:Il Address:JJNAPLES, FL 34'110-1135 VALUEIEXEMP]-iONS Taxble Value:Ils5800 I Millage Cod_e:JJ0s9 I ,o,~e~U Ex:Ilo I Agrid~ Ex:Il° I widow Ex:Ilo I Blind E×.'II-O-------]I veteran E×:II° I VVhoJly Ex:Ilo I Civilian Ex: 0 TAX INFORMATION County:JJ2'm.29 School St:II242.67 School Ioc:JJ142.96 city Tax:JJ0.o0 Dependl:lls4-2S ] I W~'ter:ll='9-38 I Independ:JJ62.31 PROPERTY INFORMATION LParce~:JJ652750400os II' Acm:J[~.29 I !J' Loc:JJ3~2. FAIRWAY CIR, NAPLES .{__M_~I~) J LegaI:JJPALM RIVER EST UNIT 2. LOT 864 l Legal:JJOR 284 PG 76 ~1 I PAY TERMS PAYMENTINFO Paid Dt :11o~3~o3 Recpt:Jj'15644 Mach:ll05 Paymt:ll?s.~.36 Mortll° STATUS INFO. Non Ad v~:Jl. Installment:liN I I F'~b:II743.8S Ma":II~s'~.:~ May:J[o.o0 Gross Tax:JJ7s1.36 Appr fe~:JJ0.00 Adverlising:JJs.97 Last Updated: 9/24/2003 5:00pm http://www.colliertax.com/RecordDetail.asp?FolioID=65275040005 Agenda Item No. 10J April 13th, 2004 Page 2C:r~03 nda Item[No. 10J ~plii 13~h, 2004 Page 27 of 36 i~ld ZO:g~:t~O ~ Agenda Item No. 10J April 13th, 2004 Page 28 of 36 COH,1ER COUNITPI HC UTIHTIES DMSION 3301 E. Tamiami Trail · Naples, Flo~tda 34112 · (239) 732-2575 · FAX (239) 73;~-2526 January 7, 2004 Michael Delate, 2P.E. Q. Orady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134-7569 Subject: Horse Creek F. states Eas mt Vacation Request Dear Mr. Delate: This office has reviewed your request to vacate a portion of the utility easement at the above referenced location~ The Collier County Water-Sewer DisU4ct has no :.'acilities in the area and we therefore have no objection to the vacation of the casement. Should you have any further questions, please feet fi'ce to contact me at 732-2571. Sincerely, Bng/nee~Sng Technician Paul Mattausch, Water Director Joseph Chcatham, Wastewater D/rector Rick Grigg, Land Surveyor, Community Development :-" ,A~enda I{em No. 10J April 13th, 2004 Page 29 of 36 Q. GRAD3( MINOR & ASSOCIATES, P.A. civil Engineers .' Land Surveyors. Planners Q. GRAD¥ MINOR. MARK W. MINOR, G DEAN SMITYL F.E. DAVID W. SCHMrlT, MICHAI~L J. D~ATI~ NORMAN J. TREBILCOCK, MATrI-IEW J. I-IERMANSON, October 27, 2003 Mr. John Houldsworth Collier County Engineering Review Services 2800 N. Horsesh6e Dr. Naples, FL 34104 Horse Creek Estates (tka Little Palm Island) Vacation of Drainage and Utility Easements L~tter of No Objection Dear Mr. Houldswoth: We are in the process of vacating drainage and utility ea,~men.ts at the above referenced project. This propexty is currently vacate and will soon be developed into single family residential. The easements are fox drainage from off-site property to the canal. A replacement easement will be recorded. The utility easement serves lots that are being deleted as part of the new plat. Collier Counxy is requesting a letter of no objection from your department. If you have any questions, please call me. Otherwise, Please return this letter to me with your signature below. Thank you for your assistance with this matter. Michael J. Delate, P.E. MID\ I have n~ objec~on to the proposed vacation.q. x %QGM-FS2\D ATAXJOBXZITI'LE PALM ISLAND\VACATE EA~'EMEN'IMH31027.DOC (239) 947-1144 M FAX (239) 947-0375, E-Mail: engineering(~gradyminor.com 3800 via Del Rey · Bonita Springs, Florida 34134-7569 · EB/LB 0005151 Agenda Item No. 103 April 13th, 2004 Page 30 of 36 COLLIER COUNTY GOVERNMENT TRANSPORTATION SERVICES DIVISION TRANSPORTATION OPERATIONS DEPARTMENT ] ]/04/2003 Sharon Umpenhour Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134-7569 2705 S. HORSESHOE DRIVE NAPLES, FL 34104 (941) 774-8494 FAX (941) 659-5787 transport ation@ colliergov, net Subject: Little Palm Island, Easement Vacation Dear Sharon, I have reviewed the requested and faxed information for the vacation of a Drainage and Utility Easement located in the proposed Little Palm Island property. Based on the information submitted and upon further review, I have no objection to vacating the existing easement subject to the following conditions: 1- A replacement Drainage Easement 40 feet in width as depicted on the Plat and Plans for Little Palm Island shall be dedicated to Collier County with no responsibility for maintenance. 2- Replace the existing 24" pipe with a 24" RCP at invert elevation of 4.70 feet. 3- Seed and Grass or Sod any disturbed area within the proposed Drainage Easement. The request, if approved, should be taken to the Board at the same time the Plat for the proposed subdivision is being considered for approval. If you need further information or any other assistance with this mater, please feel free to call me direct at 213-5890. Thanks. / E.I, Senior Project Manager. C~ Ed Kant, P.E, Transportation Operations DR & RW Permitting, Director. Agenda Item No. 10J April 13th, 2004 Page 31 of 36 l=I:3L. 26430 Old 41 Road Bonita Springs, FL 34135 September 26, 2003 Ms. Sharon Umpenhour Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134-7569 RE: Vacate Easement - Old Tmniami Trail, Cypress Way Little Palm Island Easement Vacation Exhibit - Date September 2003 Dear Ms. Umpenhour: FPL has no objection to vacating the easements highlighted in "orange" on the above-listed document sent to us on September 29, 2003. If you require any additional information, please contact me at 239-947-7378. Sincerely, Sandy Stigcf /// Customer Project Ma~fiager an FPL Group Company Agenda Item No. 10J April 13th, 2004 Page 32 of 36 Sprint Box 2469 Naples, FL 34106-2469 October 2, 2003 Sharon Umpenhour Q. Grady Minor & Associates, P.A. 3800 Via Del ReY Bonita Springs, FL 34134-7569 RE: Statement of No Objection Parcel ID 00159000003, 652755040005, 65274720009, 65274800000, 65274840002, 65274880004, 65274920003, 65274960005 and 65275000003, Collier County Dear Sharon: Attached please find a Statement of No Objection to the above referenced property. If you have any questions or need additional information, please do not hesitate to contact me. Very Truly Yours, AHZ/bp Enclosure Agenda Item No. 10J April 13th, 2004 Page 33 of 36 October 2, 2003 Page 2 STATEMENT OF NO OBJECTION The undersigned has no objection to the vacation of the sixty (60') foot wide utility easement and a twenty (20') foot wide access and maintenance easement as depicted on the attached Exhibit "A", lying in Section 23, Township 48, Range 25 East, Collier County, Florida. Sprint-Florida, Incorporated Agenda Item No. 10J April 13th, 2004 page 34 of 36 2931 Michigan Avenue Fort Myers, Florida 33916 Phone 941t334-8828 Fax 941-334-8575 ( omcast. October 9, 2003 Sharon Umpenhour Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134-7569 Re: ParCel ID 00159000003,65275040005,65274720009,65274760001,65274800000, 65274840002,65274880004,65274920003,65274960005,and 65275000003 Collier County Dear Ms. Umpenhour: This letter will serve to inform you that Comcast has no objection to vacate the sixty-foot wide utility easement and a twenty-foot wide access easement as described in the above referenced parcel of land. Should you require further information or assistance please feel free to contact me here at (239) 432-1865. Cordially, Lucre Vera Project Coordinator Agenda Item No. 10J Apdl 13th, 2004 Page 35 of 36 No. 10J April 13th, 2004 Page 36 of 36 EXECUTIVE SUMMARY Board of County Commissionem to Accept the Donation of a 32-Foot Regal Boat Reportedly Appraised at $60,000 from Robert and Betty Southwick to the Board of County Commissionem as Ex-Officio the Governing Board of the Isles of Capri Fire Rescue District and to Authorize the Signing of an 8283 Tax Form by Chief RodHguez in Acknowledgement of the Donation. .OBJECTIVE: To obtain the Board of County Commissioners' approval for Isles of Capri Fire Rescue District to receive the donation of a 32-foot Regal Boat reportedly appraised at $60,000 and authorize ChiefRodriguez to sign an 8283 Tax Form. CONSIDERATION: Isles of Capri Fire Rescue District is requesting that the Board of County Commissioners as Ex-Officio the Governing Board of the Isles of Capri Fire Rescue District accept the donation of a 32-foot Regal Boat from Robert and Betty Southwick which has been reportedly appraised by them at $60,000. Originally, the boat was mistakenly titled to the Isles of Capri Volunteer Association, Inc. This was corrected by Chief Rodriguez via a letter from Robert and Betty Southwick titling the vessel to Isles of Capri Fire Rescue District. The Isles of Capri Fire Rescue District is seeking the Board's approval so that the boat can be re-rifled under the Board of County Commissioners as Ex-Officio the Governing Board of the Isles of Capri Fire Rescue District. ~FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT- There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve the donation of a 32- foot Regal Boat reportedly appraised at $60,000 from Robert and Betty $outhwick to the Board of County Commissioners as Ex-Officio the Governing Board of the Isles of Capri Fire Rescue District and Authorize Chief Rodriguez to sign an 8283 Tax Form acknowledging the donation of the boat. SUBMITTED BY: Date: Chief Emilio Rodriguez, Isles of Capri Fire Rescue District APPROVED BY: Dan E. Summers, E.M. Director Date: EXECUTIVE SUMMARY ADOPT RESOLUTION OPPOSING PROPOSED HOUSE BILL 1237 AND SENATE BILL 2322 RELATED TO UNJUSTIFIED AND UNNECESSARY ELIMINATION OF ALL AUTHORITY OF ALL FLORIDA LOCAL GOVERNMENTS TO CHARGE APPLICATION FEES, TRANSFER FEES, SITING FEES, RENEWAL FEES AND CLAIMS FOR REIMBURSEMENT OF THE LOCAL GOVERNMENT'S OUT-OF-POCKET EXPENSES AGAINST DEALERS OF COMMUNICATIONS SERVICES, INCLUDING CABLE ~ TELEVISION COMPANIES OBJECTIVE: That the Board adopt the attached Resolution to express its opposition to House Bill 1237 and its Senate counterpart, Senate Bill 2322. CONSIDERATIONS: These proposed amendments to Sections 202.19 and 202.24, Florida Statutes, severely erode the authority of all local governments, preventing the charging of application fees, transfer fees, siting fees, renewal fees, and other reimbursements now authorized to offset local governments costs in processing said applications, transfers, siting reviews, and other such actions. FISCAL IMPACT~ The attached Resolution will have no fiscal impact. GROWTH MANAGEMENT IMPACT: This Resolution will have no impact on growth management. RECOMMENDATION: Staffrecommends that the Board adopt the attached Resolution to express its opposition to enactment of this proposed legislation into Florida's General Law and direct Staff deliver a copy of this Resolution to the Florida Association of Counties and to each member of Collier County's Local Legislative Delegation. These companion Bills are moving through the Legislature process. If these amendments are enacted into law, they will negatively impact Collier County and all other local governments. Prepared by: Appr~: D. E. "~u" .Wallace, Director Joseph K. Schmitt, Administrator Community Developmem & Environmental Services Division Date: ~//' / 7.- -'~ No.__ RESOLUTION NO. 2004- A RESOLUTION OF TI~ BOARD OF COUNTY COMM]SSIO~ OF COLLIER COUNTY, FLORIDA, OPPOSING ENACTMENT INTO LAW PROPOSED FLORIDA HOUSE BILl, 1237, AND ITS COMPANION BILL, FLORIDA SENATE BILl, 2322, RELATl~G TO UN~-USTIFIED A~D UNNECESSARY ELIMINATION OF ALL AUTHORITY OF ALL FLORIDA LOCAL GOVERNMENTS TO CRARGE APPLICATION FEES, TRANSFER FEES, SIT~G FEES, RENEWAL FEES AND CLAIMS FOR REIMBURSEMENT OF THE LOCAL GOVERNMENT'S OUT-OF-POCKET EXPENSES AGAINST DEALERS OF COMMUNICATIONS SERVICES, INCLUDING CABLE T~J.~/ISION COMPANIES. WHEREAS, proposed Florida Hous~ Bill 1237 and proposed Senate Bill 2322 ~ ali local go~ ineinding Collar County, from charging all of the following agaimt all deal~ of communic!~ons services and purchasers of such sea'vices, including cable t¢levim'on companies and applicmnts for commu~wat~ons lowers, includln~ oell tow~m: Applle~tion F~, transfer fe~, siting fe~s, rural fro, tad ehim~ for Fehted costs; and WHEREAS, Colli~ County expe~ sut~m~l sUdrlahor hours to review ami amlyze, and not limited to, applicafiom for new cable TV franchises, appli~uiom for r~newal of exist~ cable TV fraachis~ applicatiom fur authori~ to tram~ aa existing franchise, app~¢oLions for authorization to ¢omU'uct new communications towe~ and related facilities, applicatiom to modify existing towns and related facilities, and fi'om time-to-tin~ deems it n~ccssary to expend substantial sutm of money to ~ consultants with regard to such applicaO, ions; and WHEREAS, the subject proposed amendmems to Sections 202.19 and 202.24, Florida Statutes, will require Col/L'r County (and all other local govemmea~) to sub~i,~ all dealers and purchas~ ofco~mkmfions s~vicez with regard to all sutfflabor and all om-of-pocket costs incurred with regard to all such actions taken; and WHEREAS, tho subject proposed ammdnznts maudate that neither Collier County, nor any other Florida local government, ~hzll cha~ge any fee or other consideration for the presence of towers are other related facilMea in public: roads and other public right.v-of-way; and WITI~REAS, Federal Law (47 Unitcd States Code Section 542), Collier County Ordinance, and existing Cable TV ~ expressly authorize Collier County to payments for bonds, security th-,is~ letten of credit, insurance, ~'lll'i~ ~, or liquidated damages, and WHEREAS, by way of one example, if Collier County d~-ms it necessary to retain an outside consultant to review any such application, Collier County may incur several thousands of dollars ofout-of-pock~ costs, none of which can b~ charged back to the applicant if the subject Bill becomes law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of Coumy Commissioners of Collier Coumy, Florida opposes enactum~ into hw of proposed Florida House Bill 1237 and its counterpart, Florida Senate Bill 2322, because these proposed amendments to the F/or/da Statutes arc unjustified and unwarranted, and will require that Collier County and all other local govermmmts to subsidize dealers and purchasers of communications services. T'~ Bom'd of County Comm[~,~/oners of Collier County, Florida, requests that its Local legislative Delegntion ndvocatc that the proposed ameudme~ts to the Florida ~tatutes not be enacted into law. Tills R~SOLUTION ADOPTED afl~ motion, second and majority vote in f~vor of adoption this ~ day of .., 2004. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By:. Dcpu~' Clcrk DONNA FIALA, CHAIRMAN Approved as to form and legal sut~iency:. Ass/stant County Attorney och _l Page I of I To: mudd/ Subj.1:. RE: Cy~_~ Glen PUD Building S~l~mtion ~k Problem Original Messac~ I~m~: mudd_.l Sent:: Thursday, March 25, 2004 1:55 PM' To: brock_m; bodinejudi; ochs_l SubJec~ F:W: Cypress Glen PUD Bulk:ling Sepm-aUon Se~ Problem From: MDGCAPITAL~esLCOm[SMTP:MDGCAPIT~OLC~ Sent: Thursday, March 25, 2004 1:55:15 PM To: mudd_j Subject: Cypress Glen PUD Buikiing Separation 8elback Problem Auto fon~l~led by · Rule Dear Mr. Mudcl: I am pleased to inform you that this 120 unit woddorce housing community has now reached 110 sale~ Our last two six unit townhome buildings, Buildings 6 & 7, are complel~y sold out and under construction. Du~mg I~e spot suwey IXOCeSS of these t~o buildings, it was discovered that portions of the ends of ~ese buildings are 15 inches too ctose. The required building separation is 15 feet and the closest point Is 13'9". The reason for the error was due to an engineering error on a CAD machine. This morning we met with Joe Schmitt, Susan Murray and Ed Pedco to discusa the problem and IXYmntlal solution. Itis my understanding that Slalf has discmlion to approve similar problems for a tolerance of up to 6 Inches. This problem exceeds that problem by 9 Inches. That being l~e case, Joe saw no alternative oltmr than a Board of County ~ Variance Request While Joe would naturally not commit, he felt that based on similar historical situations, that the Variance Request would Bedy be granted and that if I so chose I could request to be heard in the Public Con'enent portion ofthe April 13 meeting with regard to my request to continue construction (at my own risk) until the Vadance is approved. This letter shall sewe as my request for you to schedule my speaking et the Apr//13 meeting to request permission to continue construction unlil such time that the Variance Request is formally heard by the County Commissioners. 2180 Immokalee Road Suite 308 NaiVes FL 34110 (239)594-8700 Ph (239)596-4399 Fax 3/25/2004 EXECUTIVE SUMMARY Request to approve for recording the final plat of "Bradford Lakes" AR 4091, and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security OBJECTIVE: To approve for recording the final plat of "Bradford Lakes", a subdivision of lands located in Section 17 Township 48 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Bradford Lakes". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering Review Services Director and the County Attorney's office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. This project consists of 66 single family lots being developed by Cypress Woods Land Holdings. Transportation Services as well as Public Works Utilities have reviewed and approved this project. Engineering R~iew Section recommends that "Bradford Lakes" be approved for recording. FISCAL ~PACT: the final plat of The project cost is $527,953.33 (estimated) to be berne by the developer. The cost breakdown is as follows: a) Water & Sewer b) Drainage, Paving, Grading - S261,869.33 - $266,084.00 The Security amount, equal to 1]_0% of the project cost, is $580,748.66 Agenda Item No. 16A1 April 13th, 2004 Page I of 5 The County wJ]l real~.ze revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 1389{)0 - Development Services Revenue generated by this project: Total: $]6,918.64 Fees are based on a construction estimate of $527,953.33 and were paid in May, 2003. The breakdown is as follows: a) Plat Review Fee (81,000.00 + $5. /ac) -$1, 080. 00 b) c) d) Construction Drawing Review Fee Water & Sewer (.75% const, est.) - $1,964.02 O ua J nage, Paving, Grading (.75% const, est.) - $1,995.63 Construction Inspection Fee Water & Sewer (2..25% const, est.) - $5, 892.08 Drainage, Paving, Grading(2.25%const.est:..) - $5,986.91 GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the preject. ENn;IRONMENTAL ISSUES: issues There are no outstanding environmental HISTORICAJ~/A/{CHAEOLOGICAL IMPACT: There are no historical or archaeological impacts F. AC PdZCOb~4ENDATION: Approval CCPC P. ECO~4ENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Bradford Lakes" fer recording with the following stipulatiens: Approve the amount of $580,748.66 as performance security fer the required improvements; or such lesser amount based Agenda Item No. 16A1 April 13th, 2004 Page 2 of 5 on work completed, and as is approved by the Engineering Review Department. Approve the standard form Construction and Agreement, and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the pi. at not be recorded until suitable security and an appropriate ConstrucE~on and Maintenance Agreement is approved and accepted by the Engineering Review Services Director and the County Attorney's office. Agenda Item No. 16A1 April 13th, 2004 Page 3 of 5 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A1 Bradford Lakes Final Plat Request to approve for recording the final plat of "Bradford Lakes" AR 4091, and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the pedormance security 4/13/2004 9:00:00 AM Prepared By John Houldsworth Community Development & Environmental Services Senior Engineer Engineering Services Approved By Thomas E. Kuck, P.E. Community Development & Environmental Services CDES Engineering Services Director CDES Engineering Services Date 312412004 8:57 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. Date 312512004 11:24 AM Approved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 312612004 8:41 AM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 3/3012004 9:31 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 3/30/2004 9:34 AM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 41212004 12:55 PM Agenda Item No. 16A1 April 13th, 2004 Page 4 of 5 0~- O0 ;I EXECUTIVE SUMMARY Request to approve for recording the final plat of "Mustang Island II", AR-3811, and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security OBJECTIVE: To approve for recording the final plat of "Mustang Island II", a subdivision of lands located in Section 33 Township 50 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision p]_ats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Mustang Island II" These documents are in compliance with the County Land Development Code and Florida State StatuLe No. 177. Ail fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and ]00% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering Review Director and the County Attorney's office prior to the recording of the final plat. This would be in conformance with the County Land Development Code Division 3.2.9. Engineering Review Section recommends that "Mustang Island II" ]De approved for recording. the final plat of This project is a 36 lot subdivision wi. th~n Lely Resort being developed by Stock Development, LLC. FISCAL IMPACT: The project cost is $514,433.05 (estimated} to be borne by the developer. The cost breakdown is as Iol lows: a) Water & Sewer b) Drainage, Paving, Grading - $135,014.00 8379,4]9.05 The Security amount, equal to 110% of the project cost, is $565, 876.36 The County will realize revenues as follows: Fund: Community Development Fund 113 Age~da ~[e~ No. 16A2 A~ri~ ~ 3th, 2004 Page 1 of 5 a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Review Director and the County Attorney's office. Agenda Item No. 16A2 April 13th, 2004 Page 3 of 5 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A2 Mustang island II Final Plat Request to approve for recording the final plat of "Mustang island I1", AR-3811, and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security 4/13/2004 9:00:00 AM Prepared By John Houldsworth Community Development & Environmental Services Senior Engineer Engineering Services Approved By Thomas E. Kuck, P.E. Community Development & Environmental Services CDES Engineering Services Director CDES Engineering Services Date 3/25/2004 10:19 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. Date 3/25/2004 12:18 PM Approved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 312612004 8:41 AM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 411/2004 8:56 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 41112004 10:33 AM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 412/2004 12:58 PM Agenda Item No. 16A2 April 13th, 2004 Page 4 of 5 EXECUT I%rE SUMMARY Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Naples Lakes Country Club" the roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County OBJECTIVE: To grant final approval of the infrastructure improvements associated with that subdivision known as "Naples Lakes Country Club" CONSIDERATIONS: On February 15, 2000, the }~©a r~] of County Commiss i. eners granted preliminary acceptance o[: the roadway, drainage, water and sewer improvements in "Naples Lakes Country Club". o The roadway and drainage improvements will be maintained by the project's homeowner' s association. The water and sewer improvements will. be maintained by the County. o The required improvements have been constructeO in accordance with the Land Development Code. The Ceunty Development and Environmental Services has inspected the improvements and is recommending final acceptance of the imprevements. 4 A resolution for final acceptance has be_~n prepared and approved by the County Attorney's eli ice. A cop}, of the document is attached. 5 This Executive Summary has been r~viewed and approved by Transportation Services and Public Wo~ks Utilities. FISCAL IMPACT: The roadway and drainage improvements will be maintained }Dy the project's homeowners association. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: Agenda Item No. 16A3 April 13th, 2004 Page 1 of 5 That the Board of County Cou~issioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Naples Lakes Country Club" and release the maintenance security. Authorize the Chairman to execute the' attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. Agenda Item No. 16A3 April 13th, 2004 Page 2 of 5 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A3 Naples Lakes Final Acceptance Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Naples Lakes Country Club" the roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County 4/13~2004 9:00:00 AM Prepared By John Houldsworth Community Development & Environmental Services Senior Engineer Engineering Services Approved By Thomas E. Kuck, P.E. Community Development & Environmental Services CDES Engineering Services Director CDES Engineering Services Date 312512004 10:20 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. Date 312512004 12:20 PM Approved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 3~2612004 8:42 AM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 41112004 9:02 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/112004 10:35 AM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 412/2004 1:02 PM Agenda Item No, 16A3 April 13th, 2004 Page 3 of 5 RESOLUTION NO. 04- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORDA TO AUTHORIZE FI3qAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN NAPLES LAKES COUNTRY CLUB, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE NAPLES LAKES COUNTRY CLUB HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on May 25, 2999, approved the plat of Naples Lakes Country Club for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans m~d 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. 01-57); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security; and WHEREAS, the Engineering Review Department of Conm~unity Development Services has inspected the roadway, drainage, and water and sewer improvements, and is recormnending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvements in Naples Lakes Country Club, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and ~valer and sewer improvements that are not required to be maintained by the Naples Lakes Country Club Homeowners Association. ' This Resolution adopted after motion, second and majority vote favoring same, this ~ day of 2004. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLAR COUNTY, FLORIDA By:__ DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency: if~ A. B-~-lpedl~¥X~ - Assistant Collier Ct~y Attorney Agenda Item No. 16A3 April 13th, 2004 Page 4 of 5 EXECUTIVE SUMMARY Assignment Agreement For Easement For Fiddler's Creek, Lake 88 OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the Assignment Agreement for the easement for water facilities. CONSIDERATIONS: 1 ) Fiddler's Creek Community Development District 1, and the Fiddler's Creek Community Development District 2, has constructed the water facilities within platted easements to serve this developmenL See attached location map. 2) The Assignment Agreement for the easement has been reviewed by the County Attorney's office for legal sufficiency. FISCAL IMPACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water and sewer facilities will be paid by monthly user revenues. GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant and the South Regional Wastewater Treatment Plant. This project will not create a new impact, as it was planned for within facilities available at present. RECOMMENDATION: The Community Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept and sign the Assignment Agreement for the easement for Fiddler's Creek, Lake 88. PREPARED BY: Sherry Eaton, Engineering Technician Engineering Services REVIEWED BY: D at e Thomas E. Kuck, P.E., Engineering Director Engineering Services Date Joseph K. Schmitt, Administrator Date COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES attach merits Agenda Item No. 16A4 April 13th, 2004 Page 1 of 9 Item Number Item Title Item Summary Meeting Date Approved By Thomas E. Kuck, P.E. Community Development & Environmental Services COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A4 Assignment Agreement For Easement For Fiddler's Creek, Lake 88 Assignment Agreement For Easement For Fiddler's Creek, Lake 88 4/13/2004 9:00:00 AM CDES Engineering Services Director CDES Engineering Services Date 312512004 10:28 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. Date 3~25~2004 12:34 PM Approved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 312612004 8:43 AM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 41112004 9:31 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 41112004 1:17 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 41512004 11:56 AM Agenda Item No. 16A4 April 13th, 2004 Page 2 of 9 OtllQMIAL ASSIGNMENT AGREEMENT ,~ THIS; ASSIGNMENT AGREEMENT made and entered i,n, to this / / day of . ~,,,~_/~,q_~.¢_,.'L~ ~, 2003, by and between the FIDDLER S CREEK ~-~-MUNITY DEVELOPMENT DISI'RICT 1, and the FIDDLER'S CREEK COMMUNITY DEVELOPMENT DIS'i'F',ICT 2, both of which are political subdivisions of the State of Flodda (hereinafter colle3tively referred to as "Assignor"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY AS THE GOVERNING BODY OF COLLIER COUNTY AND EX-OFFICIO BOARD THE GOVE.RNING BOARD OF THE COLLIER COUNTY WATER-SEWiER DISTRICT, its successors and assigns, (hereinafter referred to as "Assignee"). WHEF~EAS, Assignor is the Grantee under that certain Utility Easement ("Utility Easement") from 951 Land Holdings, Ltd., a Florida limited partnership ("951 Land Holdings"), b) Assignor concerning certain water facilities located within the real property referenced irt said Utility Easement, a copy of said Utility Easement being attached hereto and made a part hereof as Exhibit "A"; and WHEREAS, certain water facilities located within the aforedescril:,ed Utility Easement have been c¢ nveyed to Assignor from 951 Land Holdings by Utility Facilities Warranty Deed and Bill of Sale, which water facilities are simultaneously herewith being conveyed to Assignee from Assignor; and WHF:REAS, it is necessary that Assignee obtain the rights of Assignor as the Grantee in said Utility E~ sement as to said water utility facilities. NOW THEREFORE WITNESSETH that for and in consideration ofthe premises and in consideration of the sum of Ten and 00/100 Dollars ($10.00), receipt o~ which is acknowledged by Assign ar from Assignee, and other good and valuable consideration, the padies hereto agree as follows: 1 ) Assignor hereby conveys, grants, transfers, demises, releases arid assigns unlo Assignee, its successors and assigns, all of the rights of Assignor as Grantee under the Utility Easement referenced hereto and made a part hereof as Exhibit "A' as to the aforesaid water utility facilities. Assignee aforesaid hereby accepts said assig ~ment. 2) Governinc~[ Law. This Assignment shall be construed and enforced in accordance with and governed by the laws of the State of Florida. Page 1 of 4 Agenda Item No. 16A4 April 13th, 2004 Page 3 of 9 3) Modificatio l; Additional Assurances. No change, amendment, modification or cancellation of any part of this Assignment Agreement shall be valid unless in writing and signed by Assignor and Assignee. .4) Binding Elf-~ct. The terms, covenants and conditions contained herein shall inure to the benefit-and be binding upon Assignee and Assignor and their respective successors and assigns. IN WITNESS WFII:REOF, the parties have executed this Agreement as ()f the date and year first written. ASSIGNOR: FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT I By: Clifford ~i-ce Chairman STATE OF FLORIDA COUNTY OF COLLIER The foregoing As.,;ignment Agreement was sworn to and subscribed before me by Clifford A. Olson, as Vice Chairman of the FIDDLER'S CREEK COMMUNITY DEVELOPMENT DIS-I"P, ICT 1, on behalf of the Fiddler's Creek Community Development District 1, who is personally known to me. WITNESS my hated and official seal this day of Notary Public Print Name: My Commission Expires: (SEAL) Page 2 of 4 Agenda Item No. 16A4 April 13th, 2004 Page 4 of 9 Attest: Adl;uf"'V. Woodward, As~i~~ary ASSIGNOR: FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT 2 By:~ Clifford-A.~Chairman STATE OF FLORIDA COUNTY OF COLLIER The fl}regoing Ass gnment Agreement was sworn to and subscribed before me by Clifford A. Olson, as Chab'man of the FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT 2, on behalf ot the Fiddler's Creek Community Development District 2, who is personally known to me. WITNESS my han:l and official seal this /7 y'<~ day ~of ~0")~-L 2003. Notary [~u Print Name: My Commission Expires: (SEAL) Page 3 of 4 Agenda Item No. 16A4 April 13th, 2004 Page 5 of 9 Al-rEST: DWIGHT E. BROCK, Ck:rk By': Deputy Clerk ASSIGNEE: BOARD OF COUNTY COMMIS $1ONE RS OF COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO TIdE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT BY: Donna Fiala, Chairman Approved as to from an¢ legal sufficiency Assistant County Attorney STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERT FY that on this day, before me, an officer duly authorlzed in the · State and County aforesaid to take acknowledgments, personally appeared , well known to me to be the Chairman of the Board of County Commissioners, Collier County, Florida, As The Governing Body of Collier County and as Ex-Officio the Governir~g Board of The Collier County Water-Sewer Dis¢ict, being authorized so to do, executed tile foregoing Assignment Agreement for the purpose therein coqtained under authority duly invested by the Board of County Commissioners, and tha! th~; seal affixed thereto is the true seal of said Board. WITNESS my ha'~d and official seal in the County and State last aforesaid this day of __ ,20__ (Notarial Seal) This instrument prepared by: Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 Tamiami Trail Norlh, Suite 200 Naples, Florida 34103 (239) 649-6555 NotaI¥ Public Print Name: My Commission Expire,3: Page 3 of 3 Agenda Item No. 16A4 April 13th, 2004 Page 6 of 9 HOLE MONTES ENGINEERS. PLANNERS- SURVEYORS Encore Way' Naples, Ftodda 34110 · Phone: 239.254.2000 - Fax: 239.254.2075 F.×h~b £t "A" HM PRC)JECT #1998070 Page 1 of 2 11/5/2003 REF:. DWG. #B-4441 Page 1 of 2 LEGAL DESCRIPTION: A PARCEL OF-' LAND LOCATED IN A PORTION OF TRACT F-25, FIDDLER'S CREEK PHASE 2A, UNIT THREE ACCORDING TO 'IHE PLAT THEREOF AS RECORDED IN PLAT BOOK 35, AT PAGES 98 THROUGH 102 OF THE PIJBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND A PORTION OF SECTION 14, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF TRACT B2, FIDDLER'S CREEK PH~,SE 2A, UNIT THREE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 35, AT PAGES 98 TH;ROUGH 102 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; '~-HENCE RUN S.37°00'20"W., ALONG THE EAST LINE OF SAID TRACT B2, FOR A DISTANCE OF 91.95 FEET TO A POINT ON THE BOUNDARY OF TRACT R OF SAID FIDDLER'S CREEK PHASE 2A, UNIT THREE; THENCE RUN S.52°59'40"E., ALONG THE BOUNDARY OF SAID TRACT R, FOR A DIST/~NCE OF 87.50 FEET TO THE POINT OF BI:[GINNING.OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N.37°00'20"E., FOR A DISTANCE OF 137.93 FEET TO THE BEGINNING QF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHVVESTERLY; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HP.VlNG A RADIUS OF 587.50 FEET, THROUGH A CENTRAL ANGLE OF 07°25'55", SUBTENDED B~'A CHORD OF 76.15 FEET AT A BEARING OF N.33°1723"E., FOR A DISTANCE QF 76.21 FEEl' TO THE END OF SAID CURVE; THENCE RUN S.60°25 35"E., FOR A DISTANCE OF: 15.00 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BE~RS N.60°25'35"W., A DISTANCE OF 602.50 FEET THEREFF:iOM; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 602..50 FEET, THROUGH A CENTRAL ANGLE OF 01°09'42", SUBTENDED BY A CHORD C)F 12.22 FEET AT A BEARING OF S.30°09'16"W., FOR A DISTANCE OF 12.22 FEET TO THE END OF SAID CURVE; THENCE RUN S.88°24'00"E., FOR A DISTANCE OF 21.24 FEET; THENCE RUN S.01°36'00"W., FOR A DISTANCE OF 15.00 FEET THENCE RUN N.88°24'00"W., FOR A DISTANCE OF 29.89 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N.57°37'05"W., A DISTANCE OF 602.50 FEET THEREFROM; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 602.50 FEET, THROUGH A CEMTRAL ANGLE OF 01°00'12", SUBTENDED BY A CHORD OF 10.55 FEET AT A BEARING OF S.32°53'01'~/., FOR A DISTANCE OF 10.55 FEET TO THE END OF SAID CURVE; THENCE RUN S.SB°21'13"E.. FOR A DISTANCE OF 11.74 FEET; THENCE RUN S.01°38'47"W., FOR A 31STANCE OF 15.00 FEET; THENCE RUN N.88°21'13"W., FOR A DISTANCE OF 21.32 FEET TO A POINT ON A ClF;CULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N...54°55'18'"W., A DISTANCE OF 602.50 FEEl' THEREFROM; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGH'-, HAVING A RADIUS OF 602.50 FEET, THROUGH A CENTRAL ANGLE OF 01°55'38", SUBTENDED BY A CHORD OF 20.27 FEET AT A BEARING OF S.36°02'31"W., FOR A DISTANCE OF 20.27 FEET TO THE END OF SAID CURVE; THENCE RUN S.37°00'20"W., FOR A DIS-;'ANCE OF 137.93 FEET THENCE RUN N.52°59'40"W., FOR A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING; CONTAINING 0.089 ACRE, MORE OR LESS. Agenda Item No. 16A4 April 13th, 2004 Page 8 of 9 Exhibit "A" Page 2 of 2 HM PROJECT #1998070 11/5/2003 REF. DWG. #B-4441 Page 2 of 2 THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS O= RECORD. BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF TRACT B2, FIDDLER'S CREEK PHASE 2A, UNIT THREE ACCORDIhlG TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 35, AT PAGES 98 THROUGH 102 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AS BEING S.37°00'20"W. HOLE MONTES, INC. CERTIFICATE OF AUTHORIZATION NUMBER LB 1772 THE)Iv,AS M. MU P.S.M. #5628 STATE OF FLORIDA Agenda Item No. 16A4 April 13th, 2004 Page 9 of 9 EXECUTIVE SUMMARY TO HAVE THE BOARD OF COUNTY COMMISSIONERS SET A PUBLIC HEARING DATE ON MAY 11, 2004 FOR CONSIDERATION OF THE ABANDONMENT OF THE DEVELOPMENT ORDER AS SPEC[FlED IN PETITION DRIABN-03-AR-4987, THE TWELVE LAKES DEVELOPMENT OF REGIONAL IMPACT (DRI) FOR PROPERTY LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD (SR-84) AND THE SOUTH SIDE OF RADIO ROAD (CR-856) IN SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLOR1DA. OBJECTIVE: To set a public hem'ing date for the Board of County Commissioners (BCC) to consider Petition DRIABN-03-AR-4987 being an application for the Abandonment of the Development Order for the currently approved Twelve Lakes DRI. CONSIDERATIONS: Collier County has received notification by the Southwest Florida Regional Planning Council staff that the application for Abandonment of the Development Order for the Twelve Lakes DRI contains sufficient information for review and evaluation and as such requests Collier County schedule a public hem'ing as required by Chapter 380.06 (26), Florida Statutes. Compliance with said Florida Statute, requires that the appropriate local government shall give notice and hold a public hearing on the application in order for the local government to determine whether the request for abandonment shall be granted, granted with conditions, or denied. Upon receipt of the application, the local government shall provide 45 days notice of this heating to DCA and the appropriate regional planning agency. As a result, staff requests the public hearing date to be set for May 11, 2004. Given the limited scope of this public hearing item to set a public hearing date for the DRI, this petition has been placed on the consent agenda. FISCAL IMPACT: There is no fiscal impact generated by this Executive Summary to set a public hearing date. GROWTH MANAGEMENT IMPACT: There are no growth management issues associated with this petition. ENVIRONMENTAL ISSUES: There aa'e no environmental issues associated with this petition. Agenda Item No. 16A5 April 13th, 2004 Page 1 of 4 HISTORIC/ARCHAEOLOGICAL IMPACT: There m'e no historical/archaeological issues associated with this petition. EAC RECOMMENDATION: The Environmental Advisory Council (EAC) did not review this petition because the EAC does not normally hear a notice to set a public hem'ing date. COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: Thc Collier County Planning Commission (CCPC) did not review this petition because thc CCPC does not normally hem' a notice to set a public hearing date. STAFF RECOMMENDATION: That the Board set a public hearing date for May 11,2004 for consideration of an application for the Abandonment of the Development Order for petition DRIABN-03-AR-4987, the cun'ently approved Twelve Lakes DRI. PREPARED BY: RAYMOND BELLOWS, CHIEF PI.ANEN'ER DATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW REVIEWED BY: SUSAN MURRAY, AICP? DIRECTOR DATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DRIABN-03-AR-4987, Twelve Lakes DRI 2 Agenda Item No. 16A5 April 13th, 2004 Page 2 of 4 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A5 Set a public hearing date for petition DRIABN-03-AR-4987. To have the Board of County Commissioners set a public hearing date on May 11, 2004 for consideration of the abandonment of the Development Order as specified in petition DRIABN-03-AR-4987, the Twelve Lakes Development of Regional Impact (DRI) for property located on the north side of Davis Boulevard (SR-84) and the south side of Radio Road (CR-856) in Section 4, Township 50 south, Range 26 east, Collier County, Florida. 4/13~2004 9:00:00 AM Prepared By Ray Bellows Community Development & Environmental Services Chief Planner Zoning & Land Development Review Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development Environmental Services Adminstrator Community Development Environmental Services Admin, Date 3~25~2004 12:36 PM Approved By Susan Murray, AICP Community Development & Environmental Services Zoning & Land Development Director Zoning & Land Development Review Date 3/26/2004 11:01 AM Approved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 3/2612004 8:42 AM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 4/112004 9:16 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/1/2004 10:41 AM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 41212004 1:19 PM Agenda Item No. 16A5 April 13th, 2004 Page 3 of 4 COLLIER COUNTY GOVERNMENT March 17, 2004 Community Development and Environmental Services Division Department of Zoning and Land Development Review 2800 North Horseshoe Drive · Naples, Florida 34104 Dan Trescott, DILl Coordinator Southwest Florida Re gional Planning Council 4980 Bayline Drive 4th Floor North Fort Myers, FI 33917-3909 Re: DRILABN-03-AR.-4987, Twelve Lakes DRI Dear Dali: As we previously discussed, I am sending you a copy of the notice to set a public hearing date for the abandon_ment of the Twelve Lakes DRI. The purpose of this letter and fax is to inform you that Collier County has set a public hearing date on Ma5 11. 2004 for the Board of County Commissioners to consider the abandomnent of the Twelve Lakes DR~ (Petition No. DRiABN-03-AR-4987). Because this project no longer meets the thresho!d requirements for a DRI, the property owner is requesting to abandon the DRI. Compliance with said Florida Statute requ'.res that the appropriate local government shall give notice and hold a public hearing on the -application. Thank you for your assistance in this matter. If you have any questions, please do not hesitate to ask. Should you require additional information, please do not hesitate to call our office at (941) 403-2430. Sincerely', ym6Wd V. Bellows, Chief Planner Department of Zoning and Land Development Review Cc: Department of Co 'nmunity Affairs c C ,~ge[~da Item No. 16A5 April 13th, 2004 Phone (239) 403-2400 Fax (239) 643-6968 or (239) 213-2916 EXECUTIVE SUMMARY Proposed Amendment to Resolution 2004-17, which established a fee schedule of development related review, and processing fees as provided for in division 1.10 of the Collier County Land Development Code. OBJECTIVE: To have the Board of County Commissioners approve an amendment to the fee schedule for building permit and development review tees. CONSIDERATIONS: Thc majority of operations within Collier County's Community Development and Environmental Services Division (CDES) are funded by fce revenue, fees paid by those people engaging CDES's services. With an effective date of November 3, 2003, CDES fees were amended to allow anticipated FY 2004 revenue to equal anticipated FY2004 expenses. In response to issues arising since the implementation of these amended fees, this request is mainly to clarify fee schedule language within several individual fees. These requested fee schedule changes include no changes or increases in the actual fee amounts for existing tees listed or charged fl)r CDES services. Thc only addition to the schedule is the listing of the "Application for Issuance of TDR" fee, enabled by the February 11, 2004 Board approved ordinance 2004-08, and required to cover the costs of the ordinance's implementation. Included with the Executive Summary are the CDES Fee Schedule, Attachment "A", the Building Valuation Data Table, Attachment "B", and a listing of the specific amended sections, Attachment "C". FISCAL IMPACT: This Executive Summary requires no budget changes and/or reallocation of funds. These Fee Schedule changes represent no change in CDES fees or associated revenue from that approved in the FY 2004 budget. GROWTH MANAGEMENT IMPACT: There are no growth management impacts from this Executive Summary. RECOMMENDATION: That the Board approves the amended CDES Fee Schedule, and it's associated Table of Construction Values, A. We believe these fees represent the Co.unty's costs incun'ed in providing these services to the community, and that these Fee Schedule clarifications will allow both better client understanding of the document and more efficient staff implementation of CDES fees. PREPARED BY: Gan-ett Mullee, Manager - Financial Operations Date: REVIEWED BY: H. Denton Baker, Director Financial Administration and. Housing Date: APPROVED BY: Date: Joseph K. Schmitt, Administrator Community Development and Environmental Services Division Agenda Item No. 16A6 April 13th, 2004 Page I of 28 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~6A6 Amencimem to Resoi'JtlOr' 20!5,' ~x regardin9 fee schedule o~ devetoprr em related Proposed Amer, oment tc Reso!ulicr, 2~©4 17 ~,,.hich established aee sc~'edu~e of development re!aied re'~,~s,^' and orocess!ng fees as Orovided !o' ~ 10 of lhe Ooiiie~ Count,, ~ard De,.e;opment Code 4/I72004 9 06 O0 ALi Prepared By Garrett Mullee Community Development & Environmental Services Financial Operations Manager Financial Admin. & Housing Approved By Denton Baker Community Development & Environmental Services Financial Admin & Housing Director Financial Admin. & Housing Date 3/29/2004 2:35 PM Approved By Joseph K Schmitt Community Development & Environmental Services Community Development & Environmental Services Admiostrator Community Development & Environmental Services Admin. Date 4/5i2004 11:39 AM Approved By Mark Isackson County Manager e Office Budget Analyst Office of Management & Budget Date 4/5,2004 5:21 Approved By Michae! Smy'kowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/5/2004 5:37 PM Approved By JamesV Mudd Board of County Commissioners County Manager County Manager's Office Date 4~5:r2004 6:19 PM Agenda Item No. 16A6 April 13th, 2004 Page 2 of 28 RESOLUTION NO. 2004 A RESOLUTION ESTABLISHING A FEE SCHEDULE OF DEVELOPMENT RELATED REVIEW .~ND PROCESSING FEES INCLUDING: PROVIDING FOR NEW AND REVISED BUILDING PERMIT, INSPECTION, AND L.,MXJD USE PETITION FEES: AS PROVIDED FOR 1N DIVISION 1.10 OF THE COLLlER COUNTY LAND DEVELOPNLENT CODE; SUPERSEDING RESOLUTION NO. 2(~04- 17, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Collier County Land Development Code. Section 1.10.1 provides that the Board of County Commissioners shall establish and adopt by resoluliou a schedule of tees and chm-ges for application and document processing, public meetings, public hcm'ings, other meetings lind hearings, transcripts, approvals, denials, development permits, development orders, dcvch)pmcnl, consu-uction, intctpl Clarions, cnfi>rccmcnt inspection services, sales of documents review, rcsubmission, and any other zoning or dcvelnpment related seix, ices and any other services provided or costs incm red by or on behalf of lhc County: and WHEREAS, thc B~)ai'd of County Commissioners approved Resolution Nil. 20(14-17, Cslablishing a fcc schedule of development rclalcd rcxicw and processing fees oil January 27, 2004; and WHEREAS, many upcrations within thc Communily Development and Environmental Scrviccs Division arc supporlcd b,. tlqer fcc revenues: and VV'tlEREAS. it is staff's imcnl to continue It) conduct annual COSl/['cc studies in an attempt to balance Fund I 13 and Fund 13 } opcraling costs with revenues: and WHEREAS, the revisions and clarifications m the lee schedule for cerlain development or building review related aclivities or petition types, including bul not limhed to. sile development plans, re×o~:es, conditional uses, building pem~it applications and related inspections are reflective of tile actual cost of processing and reviewing such petitions. NOW. TllEREFORE, BE IT RESOLVED BY Tile BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA Ihat: The Board of County Commissioners hereby declares that the fees set forth as attached herelo and incorporated by reference herein as "Exhibit A," along with their associated building valuation data table set forth as attached hereto and incorporated by reference herein as "Exhibit B," are all fair and reasonable sums to be assessed ltl those who receive the benefits of the Agenda Item No. 16A6 April 13th, 2004 Page 3 of 28 services, reviews, and inspections required pursuant to the Land Development Code and the County's corresponding development review and permitting processes. BE IT FURTHER RESOLVED that this Resolutinn~ relating to fees in the Land Development Code be recorded in the minutes of this Board with an effective date of April 13, 2004, and that Resolution numbered 2004-17 is hereby superseded by the adoption of this Resolution. This Resolution adopled after motion, seoand and majority vote. Done this day of 2004. ATTEST: BOARD OF COU~qTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA .Deputy Clerk Approved as to Form and Legal Sufficiency: Assistant County Atlomey DONNA FIALA. CHAIRMAN Agenda Item No. 16A6 April 13th, 2004 Page 4 of 28 EXHIBIT A COLLIER COUNTY COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES FEE SCHEDULE BCC Approved Version, April 13 2004 Contents: A) AD_,MINqSTRATIO N ..................................................................................................................................................... 2 B~ BLAST1Ex'G PERMITS & INSPECHON ' ............................... ? C) EN'vTRON ,~'MEN'TA l JLA NT) SCA PING ............................................................................................................ 2 D) EXCAVATION PERNflTS ............................................................................................................................................................................... 3 E) FIRE CODE REVItCW FEES ..................................................................................................................................................................................... 3 F) SITE DEVELOPMEN'F PLANS ........................................................................................................................................................................ 4 G) SUBD1XqSION .................................................................................................................................................................................................. 5 Il) Engineering Inspection Fees ..................................................................................................................................................................... 6 I) TEMPORARY USE PER)~qiTS 6 J) X~,~LL PERMITS/INSPECtIONS ..................................................................................................................... 6 K) ZON~%G/LANT) USE P[flT1 tONS 7 L) NflSCELLANEOUS 8 M) BL'ILDING PERMIT APPI_ICATION H2E 10 N) BUILDING PER_MIT I:EES 10 O) ELECTRICAl_ PER_VIH' IF"ES 10 P) PL/;.~IBING PERMIFI' tE"L:S ............................................................................................................................................................ 11 Q) .MECHANICAL PERMIT FEES I 1 R) FIRE PREVENTION AND CON~IROL PERMI[ FEES ...................................................................................................... 12 S) MOBILE ttOME/OFT:ICE TRAILER AND OTHER TRAILER PERMTF FEES 12 T) CHICKEES AND SL~'IILAR STRI-C'I-L~O, ES 12 U) POOL OR SPA PERMIT FEES ............................................................................................................................................................... 12 V) SCREEN ENCLOSL?,E PER*fIT & PAN ROOF bEES 13 W) S1GN PERMIT FEES ........................................................................................................................................................................................ 13 X) CONVENIENCE PERMIT FEES 13 Y) REVISION ANT) AS B I.'II ;1' PI .AN R EV1T~W FEES; CORRECTIONS TO PI.ANS 13 Z) PERMIT EXTENSION ...................................................................................................................................................................................... 13 A A) DEMOLITION OF B LTLD lNG OR STRUCTURE PERMIT FEES ...................................................................................................................... 14 BB) PRE-MOVING INSPEC'HON Ft~:ES ..................................................................................................................................................................... 14 CC) INSPECTION FEES ............................................................................................................................................................................................... 14 DD) REINSPECHON bEES .................................................................................................................................................................................... 14 EE) FAILL~,E TO OBTAIN A PERMIT ......................................................................................................................................................... 14 FF) LICENSING ............................................................................................................................................................................................ 14 GG) DIJPI.ICA'IE PERMr[ CARDS 14 HH) CttANGE OF CONTRACTOR OR SUBCONTRACTORS ..................................................................................................................................... ! 5 Il) PERMFf FEE REEUNDS ........................................................................................................................................................................................... 15 JJ)-RECORD RETRIEVAl .................................................................................................................................................................................................. 15 KK) COPY FEES 15 LL) RESEARCH ..................................................................................................................................................................................................................... 15 MM) SLrBSCRIPTION SERVICE ....................................................................................................................................................................................... 15 NW) ELECTRONIC DATA CON*~ERSION SURCHARGE .............................................................................................................................................. 15 OO) REGISTRATION OF R FNTAI. DX,k~F.I J.INGS ...................................................................................................................... 16 PP) FEE WAIVER PROCEDUP, ES 16 QQ) ADDITIONAL FEE REFU*T) PROVISIONS ..................................................................................................................................................... 16 CDES Financial Administration, rev 04/13/04 Agenda Item No. 1,¢¢¢ April 13th, 2004 Page 5 of 28 FEES ARE ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS RESOLUTION, AND CANNOT BE WAIVED OR SUSPENDED WITHOUT AN ACTION BY THE BOARD OF COUNTY COMMISSIONERS. ANY QUESTIONS CONCERNING THE APPLICABILITY OF FEES SHALL BE CONCLUSIVELY DETERMINED BY THE DIRECTOR OF THE APPROPIA'DE DEPARTMENT, AS APPLICABLE. A) ADMINISTRATION 1 ) Official Interpretation Request of Land Development Code (LDC), Growth Management Plan (GMP), or Building Construction Administrative Code (Administrative Code). Based on staff hours: Less than 20 hours ~500.0Q, 20 to 40 hours S3,000.0Q, more than 40 hours S5,000.00 2) Interpretation request submitted in conjunction with a land use petilion or requested during an applicalion review process. $250.00 3) Determination of Vested Rights. SI00.00 (plus tile Counly's oul-of-pocket expenses associated with heanng officer and hearings) 4) Appeal of Vested Rights Determination. $10(k00 5~ 6) 7) Amendment to Land Development Code. S3.000.00 Appeal of an Administrative Decision (as may be provided for m the Collier County Administrative Code or Ihe LDC). S1000.00 mon-refundable) Appeal to Board of Zoning Appeals or Building Board of Adjustmcms anti Appeals (as may be provided for in the Collier Connty Administrative Code or the LDC). $500.00 (nomrefundablc) B) BLASTING 1) 2) 3) 4) 5} 6) 7) 8) 91 PERMITS & INSPECTION 30 day permit fee, non-refundable payable upon application. $250.00 90 day permil fee, non-reflmdable payable upon application. S600.00 Yearly permil fee, non-refundable payable upon application. }1~500.00 Renewal pernfil fee, non-refundable payable upon application. S200.00 After-the-fact fee, due to blasting wilhout a permil. SI0 000.00 Fine fee, per detonmed shot with after-the-fact permil. $200.00 Handler fee, for handler who assists thc user or blaster in the use of explosives. S100.00 Blasting Inspectiou Fee. $200.00 (per inspection) Inspection fees shall be paid upon issuance of a blasting permit based on thc estimated number of blasts. Upon completion, tees will be adjusted to reflect actual number of blasts. C) ENVIRONMENTAL/LANDSCAPING 1) Site Clearing Permit, first acre or fraction of an acre. S250.00 Each additional acre or fraction of an acre. $50.00 ($3,000.00 maximum) 2¸) Agricultural Land Clearing a. Land Clearing Notification $250.00 b. Land Clearing Permit $250.00 Each additional acre or fraclion of an acre. %0.0_0 (S3,000.00 maximum) CDES Financial Administration, rev 04/13104 Agenda Item No. $~BA6 April 13th, 2004 Page 6 of 28 3) 4) 5) 7) 9) 11) 12) Landscape Tree Removal Fee S250 Enviromnental lmpacl Statement (EIS)$1600.00 Landscape Re-inspection 1 '~' $50.00,2nd S75.00. every inspection afterward $100.00 Vehicle on the Beach Permit Application. S250.00 (Permit fee shall be waived for public and non- profit organizations engaging in environmental activities for scientific, conservation or educational purposes). Reserved Special Tmatmem Review a. First five acres or less. $400.00 b. Each additional acre, or fraction thereof. S50.00 (S5,000.00 Maximum) Coastal Construction Setback Liue (CCSL): a. Permit - Dune Walkover. $150.00 b. Permit - Dune Restoration. $200.00 c. variance - Petition. $1000.00 Sea Turtle Permit- a. Sea Turtle Handling Permits. $25.00 b. Sea Turtle Nesting Area Construction Permit. $200.00 c. Sea Turtle Nest Relocation. S100.00 Vegetalion Removal Permit a. First acre or fraction of an acre less. 5250.00 b. Each additional acre, or fraction Ihereof. 550.00 ($3,000.00 Maximum) After-the-fact Environmemal or Landscape Permits a. CCSL Variance Petition. 2x normal fee b. All other Environmemal or Landscape Permits. 4x normal fee D) EXCAVATION PERMITS 1) AnnuaIRenewal. 5300.00 2) Application (Private). $400.00 3) Application(Commercial). S2.000.00 4) Application (Development). S400.00 5) IVlonthly inspection fee (commercial, development & private) $200.00 per month 6) Reapplication: $300.00 plus S200.00 per month inspection fee 7') Cubic Yardage Review Fee: S200.00 firsi 5000 cy, plus $10.00 per additional 1000 cy with a maximum of $20,000.00 81) Time Extension. $150.00 plus $100.00 per month inspection fee 9) After-lhe-fact Excavation Permit. 4x application fee E) FIRE CODE REVIEW FEES 1) Fire Code Review, fees associated with each of the following processes: a. SDP- Site Development Plan S200.00 b. SDPA- Site Developmen! Plan, Amendment S150.00 CDES Financial Administration, rev 04/13/04 Agenda Item No. 1~¢:¢¢ April 13th, 2004 Page 7 of 28 c. SDPI - Site Development Plan, Insubstantial d. SIP - Site hnprovement Plan e. SIPI- Site Improvement Plan, Insubstantial f. PSP - Preliminary Subdivision Plans g. PSPA - Preliminat3~ Subdivision Plans, Amendment h. PPL- Plans & Plat, Subdivision i. FP - Final Plat j. CONSTR ~ Construction Plans, Subdivision/Utilities k. ICP - Construction Plans, Insubstantial I. DRI - Development of Regional Impact m. DOA - Development Order, Amendment n. PUDZ - Planned Unit Development, Rezone o. PUDA - Planned Unit Developmenl, Amendment p. PDI - Planned Unit Development, Insubstantial q. RZ - Rezone, Regular Zoning r. CU-Conditional Use SI00.00 S150.00 S100.00 $150.00 $100.00 $100.00 SIO0.O0 Sl00.00 $100.00 S200.00 $150.00 Sl50.00 S150.00 $100.00 SIO0.O0 $150.00 F) SITE DEVELOPMENT PLANS 11 Site Development Plan Review (SDP). $5000.00 a. plus $40.00 per D/U b. plus S100.00 per residential building structure; c. ph,s %10 per square foot for non-residential d. plus S200.00 per building for non-residential. e. Additioual fees for 3rd review $1,000.00, 4~h review' Sl.500.00, 5th review ~00Q.0(_ ), 6th and subsequenl reviet~ s S2.500.00 2) Pre-application fee. S500.00 rte be credited loward application fee upon submittal.) a. Second and subsequent pre-app meetings at the applicant's request shall no~ be credited towards application fees. b. Second and subsequent pre-app meetings at staff's request will be held at no charge to the applicant. c. Applications submitted 9 months or more after the date of the last pre-app meelin=o shall not be credited towards application fees and a new pre-application mccliug will be reqnired. 3) Simultaneous Review Fee (planning review of simultaneous building permil applications) S100.00 per building permit application 4) Site Development Plan lnstfl)stantial Change a. Site Development Plan Insubstantial Change. $400.00 for first sheet, $100.00 for each and every additional sheel submitted. b. Additional fees for 3~d review Sd ,000.0~0, 4th Review Sl,500.0Q, 5~h and subsequent review $2,000.00 5) Site Development Plan Conccptnal Review S750.00 6) Site [mprovemem Plan Review (SIP). S1000.00 (plus Engineering review fees) 7) Utility Plan Review & Inspection Fees- a. Construction Document Review. 0.75% of probable water and/or sewer conslruction costs b. Construction Inspection. 2.25~- of probable water and/or sewer construction costs c. Construction Document Resubmission or Docnment Modification, submit as insubstantial change. S 150.00 for first sheet, S75.00 for each additional sheet 8) Engineering Site Plan Review Fee CDES Financial Administration, rev O4113104 Agenda Item No. 1,¢¢~6 April 13th, 2004 Page 8 of 28 a. Construction Documents Review 0.75% of probable cost of construction of roadways, drainage & stormwater management system b. Construction Inspection 2.25~ of probable cost of construction of roadway, drainage & stormwater management system 9) Site Development Plan Amendment $2,500.00, a. Plus S40.00 per D/U plus $100.00 per residential building structure b. plus $.10 per square foot c. plus S200.00 per building for non-residential d. Additional fees for 3rd review $1,000.00, 4th Review S1,500.00, 5th and subsequent review $2,000.00 10) SBR Fees a) b) c) Pre-Acquisition Meedng S500.00 (no reflmds or credits) Pre-application fee. $500.00 (to be credited toward application fee upon submittal.) (all normal pre- application provisions apply) SBR Fee $5000.00 with hourly reconcilialion at projec! complctiou for hourly variation greater dmn 10%, final project charges at Sl 00.00 per hour for all associated staff hours 11 ) Violation of the conditions of approval of the SDP/SIP or installation of improvements, clearing, or other land alleration not depicted on, or otherwise authorized as a part of tl}e approved SDP/SIP. rCA the S[P/SDP application fee G) SUBDIVISION 1) Lot Line Adjustment S250.00 2) Subdivision Review Fees- a. Construction Document S0.75% of probable cost ofconslruction b. Construction Documenl Resubmission or Document Modification -Submit as Insubslautial Chano, e $150.00 for firsl sheet, S75.00 for each additional sheet c. Subdivisions- 3rd and subsequent additional reviews and substanlial deviations from approval conslruclion docnments S500.00 d. Subdivision Inspection Fee 2.25% of probable cost of construction for conslruction inspection. 3) Subdivision, Preliminary Plat (PSP)- a. Petition Application $1000.00 plus $5.00 per acre lot fraction thereof) for residential, plus $10.00 per acre {or fraction thereof) for non-residemial: {mixed use is residential) 4) Subdivision Final Plat S1000.00 plus S5.00 per acre {or fraction thereof) for residential, $~1000.00_ plus $10.00 per acre Ior fraction thereof) ['or nonresidential; (mixed use is resideudal) 5) Additional review of construction plans for phased construction of subdivision improvements. SI000.00 per phase 6) Two-year Extension $150.00 7) Water and Sewer Facilities Construction Document Review 0.75% of probable water ami/or sewer construction costs 8¸) Construction Document Resubmission or Document Modification 0.25% of probable walcr and/or sewer construction cosls - 3rd and subsequent resubmit}als S500.00 9) Construction Inspection 2 25%. of probable water and/or sewer conslrucfion costs CDES Financial Administration, rex' 04/l 3/04 Agenda Item No. 1~¢¢:~ A_~pril 13th, 2004 Page 9 of 28 10} Violation of the conditions of approval of approved construction plans or installation of improvements, clearing, or other land alteration not depicted on, or otherwise antborized as a part of the approved construction plans or permit. 4~x the PSP or Final Plat Review Fee. 11 ) Administralive Amendment $250.00 H) ENGINEERING INSPECTION FEES l'l Engineering Inspection Fee $150.00 per residential dwelling unit (single or duplex only), charged at time of building permit issuance. 2) Re-inspection Fees: 1s~ re-inspection $75.00, 2nd re-inspection $100.00, 3rd and thereafter re- inspection 5125.00 1) TEMPORARY USE PER3,11TS 1) Beach Events Permits- f. g. 2) Individual Permit $100.00 Block of 25 calendar days $2.250.00 Block of 50 calendar days $4,500.00 Block of 75 calendar days $6,750.00 Block of 100 calendar days S9.000.00 Block of 125 calendar days $11,250.00 Block of 150 calendar days _S13,500.00 Temporary Use Permit Special Sales & Events. $200.00 3} Model Homes and Sales Centers S500.00 4) Construction and Development $125.00 Residential and Non-Profit Garage and Yard Sale Permits No Charee 6) Temporary. Use Amendment. $100.00 7} Renewals or extensions requested after Ihe expiration date $200.00 8) Temporary Use Permit. for Special Events requiring BCC approval, including Circus and Carnival Permits. $275.00 9) Political Signs (Bulk Temporary Permit) $5.00 ao A deposit of $500.00 will be posted by political campaigns at the time of securing a Political Sign permit, Forfeiture from this deposit will be in the amount of $100.00 per written notice of violation of applicable sign ordinance requirements for the 3~ and following such notices of violation. Such forfeiture shall be based on notices of violation per campaign, and not per individual sign. Deposit, or remaining balance of deposit, will be refunded upon completion of cmnpaign and certification by Code Enforcement staff that the campaign is in compliance with all provisions of applicable code requirements. 10) Fees for Temporary Use permits issued After the Fact, ATF: 2~x normal fee J) WELL PERMITS/INSPECTIONS i ) Hydraulic elevator shaft permi! $300.00 CDES Financial Administration, rev 04113104 Agenda Item No. $¢¢~6 April 13th, 2004 Page 10 of 28 2) Test hole permit (including tsl six holes) $300.00, each additional hole S20.00 3) Well permit (abandonmem~ $50.00 4) Well permit (consLmction, repair, or combined construction and abandonment at one site) S300.00 5) Well permit (monitoring) S150.00 6) Well Permil (modificalion of monitor/test well to a production well) :575.00 71 Well Reinspeclions a. First Reinspection S75.00 b. Second Reinspcction Sl00.00 c. Third Reinspection $150.00 81 After lhe fact well permils 4>; normal fee per violation. NOTE: Mulliple wells may be allowed on one permit, but each well must be accounted for and the appropriate fee shall be charged for each well in accordance with the above listed schedule. K) ZONING/LAND USE PETITIONS 11 Pre-application fee $500.00 (to be credited toward application fee upon submittal.) a. Second mid subsequent pre-app meetings at the applicant's request shall nol be credited towards application fees. b. Second arid subsequenl pre-app meetings at staffs request will be held at no charge to the applicant. c. Applications submitled 9 mouths or more after the date of tl~e last pre-app meeting shall no! be credited towards application fees and a new pre-application meeting will be required. 2) Alcoholic Beverage or Service Slalion Separation Reqnirement Waiver $1000.00 3) Boat Dock ExTension Petition S I.500.00 41 Conditional Use Permil S4.000.00 (S1.500.001 when filled with Rezone Petitiom 5) Conditional Use Monitoring Review: $750.0Q 61 Conditional Use Extension S3,000.00 7) DRI Review (In addition to cost of rezone) $10,000.0Q plus S25.00 an acre (or fraction thereof) 81 DRI/DO Amendment _S6,000.00 pins $25.00 per acre (or fraction thereof) 9) DRIABN- DRI Abandonment_SI,500.00 101 Flood Variance Petition S1000.00 11 ) Inlerim Agricuhure Use Pclilion S350.00 12) Non-Conforming Use Change/Alteration S1500.00 131 Parking Exemption $1500.00 141 PUD Amendments (PUD to PUD): $8.000.00 plus S25.00 an acre (or fraction thereofl 15) Property owner notifications: SI.00 non-certified mail, S3.00 cerlified return receipl mail (Petitioner to pay lhis amount prior to advertisement of petition) 161 Planned Unit Development Amendment (Insubstantial) S1500.00 CDES Financi,'fl Administration, rev 04/13/O1 Agenda Item No. 1,6~6 April 13th, 2004 Pagellof28 17'} Rezone Petition (Regular) $6,000.00 pins $25.00 an acre (or fraction thereof) 18) Rezone Petition (to PUD) $10,000.00 plus $25.00 an acre (or fraction thereof) 19.) Str. eet Name Change (Platted') $500.00 plus $1.00 for each property owner requiring notification of proposed street name change. 20) Street Name (unplatted) or Project Name Change $500.00 21) Variance petition: $2,000.00 residential, $5,000.00 non~ residential 22) Variance (Administrative) $1.000.00 23) Zoning Certificate: Residential: $50.00, Commercial:S125.00 24) PUD Extension - Sun Setting: S1000.00 25) Sign Variance Petition: $2000.00 26} Stewardship Receiving Area Peti'tion {SRA): $7000.0(I per SRA plus $25.00 per acre for. Stewardship Sending Area Petition (SSA): $7000.00 per SSA plus $25.00 per acre. 27) Afterqhe-Fact Zoning/Land Use Petitions 2_Ax the normal petition fee 28t Land Use Petition Conlinuauces a. Two days or less prior to meeting $500.00 b. Requested at the meetin~ $750.00 c. Resultant additional required advertising charged in addition lo cominuance fees. L) MISCELLANEOUS 11 Reservcd 2) Rcscrvcd 31) Official Zoning Atlas Map Sheet Publications, maps, m~d reports. ' $.50 as set forth in Resolution 98-498, as amended. 4'1 Reserved 5) The fee for researching records, ordinances, and codes shall be at no charge for the first hour, then al the base salary hourly rate of the staff member conducting the service for time in excess of 1 hour. 6) The fee for creating and designing special computer generated reports that are uot a part of regular standard reports shall be at no charge for the first hour, then at the base salary hourly rate of the staff member conducting the service for time in excess of I hour. 7)CD Burning: $1.00, floppy disk: $.50 8)Complete sets of Official Zoning Atlas Map Sheets $100.00 per set. 9')Photocopies of documenls less lhan 1 lx17 inches: S0.15 one sidexl, $0.20 two sided, other sizes at cost of production a. Certified copy of public record $1.00 each. CDES Financial Administration, rev 04/13/04 Agenda Item No. $¢¢~6 April 13th, 2004 Page 12 of 28 I 0') Properly Notification Address Listing: a. MS Excel spreadsheet on Disc S70.00 b. Print out on Paper S75.00 + 0.05 for every record over 1500 c. Mailing Labels $80.00 + 0.06 for every record over 1500 d. Print out on Paper + Mailing Labels $85.00 +0.11 for every record over 1500 11) Comprehensive Plan Consistency Review a. CU's 5300.00 b. Rezonings $750.00 c. Pud's or PUD Amendments: S2250.00 d. Letter of GMP consistency to outside agencies: $250 12) Plan Review Fee (for planning review of all building permit applications) a) Long forms: 575.00 per building permit application bi Express pemms: S15.00 per building permit application 13) Project IVleetings a. Meetings with Dcpartmcmal Project Approval Staff member per applicant rcqucst, reviews and petitious in progress, $150.00 per one hour minimum, S75.00 per ¢, hour thereafter. Additional Department staff attending meeting per applicant request 575.00 per s/~ hour per st afl member. Inter-Deparlmental Project Meeting per applicant request, site plan reviews and land use petitions in progress, S500.00 per one hour minimum, $250.00 per V2 hour thereafter. 141 Adequate Public Facilities a. Planning Applications requiring COA process review (such as FP's, PPL's & SIP's, SDPs) $200.00 + 25.00 per residential dwelling unit or + 25.00 per 1000 sq fi commercial (S5000_00 maximnm ) b. Building permil applicatious requiring COA process review not covered under 12.a above $100.00 per building permit application. 15) Zoning Confirmation Letters a. Standard Response S100.00 (includes up to 1 hour research) b. Extended Research S100.00 per hour (any response with research in excess of 1 hour) 16) Zoning Letter Appeal .~250.00 17) CDD a. Community Development District $15,000.00 b. Chapter 189 Special District, Independent or Dcpendcm, $15,000.00 18) GMP Amendmenl a. Small Scale 59000.00 b. General S16,700.00 c. Legal advertising in addition to sub-sectious a and b fees, and subject to applicable fee schedule provisions. d. Pre-application meetings fi)r GMP consistency for developmenl orders and zoning/land use petitions: S250 c. Pre-application meetings for GMP amendmcnt petitions: S250 (to be credited toward application fee upon submittal) 19) Application for issuance TDR, S250 (non-refundable);plus S25 per TDR issued and recorded (tolal fees nol to exceed $2750) CDES Financial Administration, rev 04113104 Agenda Item No. t,¢¢¢ April 13th, 2004 Page 13 of 28 M) BUILDING PERMIT APPLICATION FEE 1) A pcrmit application Icc shall bc collected at time of applying for a building permit. The permit application fee shall be collected when the plans are submitted for review. The fee shall be applied toward the total permit fee. The applicant sh~l forfeit the application fee if the application is denied or if the application is approved and the permit is not issued within the time limitation as stated in Section 103.6.1.1 of the Collier County Ordinance No. 91-56, as amended. Application fee will be computed as follows: a. Single family and duplex $.05 per sq fl with mini~num of $100.00 b. Multi-Family & Commercial 5.05 per sq fi up lo 10,000 sq ft, $.025 for over 10,000 sq. fi. 3) Maximum application fee shall NOT exceed S5,000.00. 4) Minimum fee of 5;50.00 for each of the following: plumbing; mechanical (A/C); eleclrical; fire; and building, when applying for addifions/ahcmtions. Minimum fee [or all other applications $50.OO. 5) The balance of the total permit fee will be collected at the time of issuance of the permit and will include any fee adjustments necessary. N) BUILDING PERMIT FEES 1 ) Thc fee for a building permit shall be computed as follows: Such fees shall be either based on the contractor's valuations of construction cosl or based on calculated cost of construction as set forth on the attached Building Valuation Data Table *(Exhibit B }, whichever is grealer. Valuation of construction cosls of less than S750.00 - No permit or fee is required, but construction mnst comply wilh all Coumy Codes ,m~d Ordinances. If inspections are required by the Building Official or requested by the applicant, the appropriate fees shall be paid. *SBCCI Building Valuation Data Table, produced March 31,2002 EXCEPTION: All work involving structural components and/or fire rated assemblies requires permits and inspections regardless of construction cosl, signs must secure pen-nits as stated in Collier County Ordinance No. 2002-01, as amended. a. Valuation'of construction costs of $750.00 through S4,999.99 - With one or no inspections S50.00, With multiple inspections S100.00 Valuation of construction costs of 5;5000.00 through 549,999.99 - With one or no inspections - S30.OO plus S6.00 per thousand dollars, or fraction thereof, of building valuation in excess of S2,000.00. With muhiple inspections - S80.00 pins S5.50 per thousand dollars, or fraction ther~f, of building valuation in excess of S2000.00. c. Valuatiou of construction costs of $50,000.00 through SI,000,000.00 S250.OO plus S2.40 per thousand dollars, or fraction thereof, of building valuation in excess of $50,OO0.00. d. Valuation of construction costs over $1,000,000.00 - $2800.00 plus 52.40 per thousand dollars, or fraction thereof, of building valuation m excess of $1,000,OO0.00. O) ELECTRICAL PER, lIT FEES 1) The fees for electrical permits for new structures or placement or relocation CDES Financial Administration. rev 04/13/04 Agenda Item No. ~ April 13th, 2004 Page 14 of 28 of structures shall be computed as follows: a. $0.40 per ampere rating of all single-phase panel boards. b. S0.15 per ampere rating for switch or circuit whichever is greater, if item #1 above does not apply. c. When not a complete installation, all switch and circuit breakers ahead of panel boards shall be ~:omputed at :50.15 per ampere. Permit fees for any change in electrical installation shall be computed at the above rates for that por6on of new and/or increased fees in existing electrical facilities. e. The minimum for any electrical permit shall be 550.00 per unit or tenant space. f. Fifly percent {50% 1 in additional fee costs shall be added to all above fees for three phase installations. EXCEPTION: Ordinary repairs limited to a $200 value or less may be made without a permit. Repairs must comply with all County Codes and Ordinances. If inspections are required by the Building Official or requested by the applicant, the appropriate fees shall be paid. P) PLUMBING PERMIT FEF~ 1 ) Thc £ollowing fee calculations shall be applied separately when the permit involves mixed occupancies. a) Residential occupancies: The fee for a plumbing permit shall be computed at the rate of 550.00 to be charged for each living unit wilh one to three bathrooms. An additional fee of S10.00 will be assessed for each additional bathroom. b) Nonresidential occupancies: The fee for a plumbing permit shall be computed by the following methods, whichever is calculated to be the greatesl fee: a) The rate of $3.00 per 425 square feet of floor area, or fraction thereof; or b) Instilulional facilities, hospilals, schools, reslauranls and repairs in any occupancy b) classification shall be charged al thc rate of $1.00 pcr fixture unit or c) Minimum of 550.00 for each occupancy or tenant space. 2) Grease traps: An additional fee of 550.00 shall be assessed for each grease trap. 3) The cost tbr retrofit piping shall be computed at the minimum tee of 50.00 per floor for each main riser. 4) The cosl of a permit for lawn sprinkler systems shall be computed using lhe dollar valuation as shown under Section M of this Resolution. 5) The minimum plumbing permit fee shall be S50.00. Q) MECHANICAL PERMIT FEES 1 ) The following fee calculations shall be applied separately when lhe permit involves mixed occupancies. a. Residential occupancies: The mechanical permit fees shall be computed at the CDES Financial Administration, rev 04/13/O4 Agenda Item No. '1,¢¢~6 April 13th, 2004 Page 15 of 28 rate of S50.00 for each living unit up to three tons of air conditioning. Each additional ton or part thereof shall be $3.00 per ton. b. ~onresidential occupancies: The mechanical permit fees shall be computed by one of the following methods, whichever is calculated to be file greatest fee: The rate of $50.00 for the first three tons or three horsepower of air conditioning or other mechanical systems per tenant space, each additional ton of air conditioning or horsepower shall be 23.00; or The rate of 5;3.00 per 425 square feet of floor area, or fraction thereof. 2) The cost of retrofit piping shall be computed at the minimum fee of $50.00 per floor for each cooling tower, or 550.00 for the first 3 horsepower and 53.00 for each additional horsepower, whichever is greater. The minitnum mechanical permit fee shall be S50.00. 4) A permit for the change out of components shall be calculated at the above mechanical Fen'nil fee rate or the minimnm fee whichever is greater. R) FIRE PREVENTION AND CONTROL PERMIT FEES 1 ) The fees and exemptions set forlh in the "Exhibit B" affixed hereto and made a part of this Schedule of Developmcm Review and Building Permit Fees shall apply to Fire Prevention and Control Permits for both lite independent and dependent fire districts. S) MOBILE HOME/OFFICE TILMLER AND OTHER TRAILER PERMIT FEES 1 ) The permit fee shall be $50.00 to set-rip a single-wide trailer or mobile home on an approved site plus electrical, plumbing, mechanical and fire protection fees as applicable. 2) The permit fee shall be S75.00 to sot-up a double ,,vide or larger mobile holnes on att approved sile plus electrical, plumbing, mechanical and fire protection fees as applicable. T) CHICKEES AND SIMILAR STRUCTURES 1 ) The permit fee will be based npoa a calculated cost of construction of $4.00 per square foot under roof or the contractor's estimated cost of construction, whiche``er is greater. The lee will then be calculated m accordance with Seclion N of this Resolution. Additional permit fees fi)r electric, plumbing, mechanical, fire, etc., will be charged when applicable. U) POOl, OR SPA PERMIT FEES 1 ) For construction of each public pool or spa the fee shall be - a. Valuation of construction costs of up to S4,999.99. S100.00 b. Valuation of construction costs of $5000.00 through S49,999.99:$80.00 plus $7.00 per thousand dollars, or fraction thereof, of building valuatiou in excess of S2,000.00. c. Valuation of construction costs of S50,000.00 through $1,000,000.00:$333.00 plus S3.00 per thousand dollars, or fraction thereof, of building valuation in excess of $50,000.00. d. Valuation of construction costs over $1,000,000.00:S3474.00 plus $3.00 per thousand dollars, or fraction thereof, of building valuation in excess of $1,000,000.00. 2) For construction of each private pool or spa the fcc shall be: _S100.00 CDES Financial Ad~ninistration, re,.' 04113104 Agenda Item No. 1,t~A16 April 13th, 2004 Page 16 of 28 V) SCREEN ENCLOSURE PERMIT & PAN ROOF FEES 1) Construction costs shall be calculated as follows: a. Screen Roof. S2.00 per sq. ft. of floor area. ('Screen Walls Only} b. Pan Roof. $3.00 per sq. ft. of floor area. (Screen Walls Only) c. Existing Roof. $2.00 per sq. fl. of floor area. (Screen Walls Only) 2) The screen enclosure or roof fee will then be calculated in accordance with Section N of this Resolution. W) SIGN PERMIT FEES 1 ) Sign permit fees will be calculated in accordance with all applicable Building Permi! Fees and Electrical Permit Fees outlined in this document, the Collier County Development Fee Schedule The minimum building permit fee for sign shall be $75.00. 2) Multiple signs of Ihe same type (i.e., wall signs) and for a single projecl may be allowed per one pcrmil, however an appropriate fee shall be charged for each sign in accordance with the schedule se! forth in lhe above subsection 1 of Sign Permit Fees. X) CONVENIENCE PERMIT FEES 1 ) Convenience permits ,are issued in blocks of 10 each. Only licensed contractors are eligible Io purchase convenience permi!s. Convenience permits are limi!ed to !he use specified on ~he pennil. The fee for a book of 10 convenience permils is $400.00. Y) REVISION AND AS BUILT PLAN REVIEW FEES; CORRECTIONS TO PLANS 1 ) PERMIT AND PLAIN REVISIONS The fee for each permit revision submit!ed after permit issuance shall be calculated using fee schedules outlined in Seclious N lhrough R above. The minimum permi! fee for revisions ~o permitted projects shall be $50.00. 2) AS BUILT PLANS The fee for "As Built" plan review shall be !en (10%) percem of the original building permit fee or S150.00, whichever is greater, bul shall not exceed $500.00. The fee is imended to cover the cost of reviewing amended building plans in the office to deiermine that change orders and various field changes are in compliance with the minimum conslruction and fire codes of Collier County. Thc following are required for as-buih drawings review: a. An i!emized list of all changes made after permi! plan approval. b. As-buih plans that have all changes made after permi~ plan approval "clouded". c. As-buih plans and changes shall be signed and sealed by !he engineer and/or architect of record. 3) CORRECTIONS TO PLANS a. First Correction to Plans. No charee b. Second Correction to Plans. $75.00 c. Third & subsequent correclion Io plans. $100.00 Z) PERMIT EXTENSION 1 } The filing fee for each permit extension shall be equal to 10% of the original building permit fee or S100.00, whichever is greater, but shall no! exceed CDES Financi,'d Adlninistration, rev 04113104 Agenda Item No. 1,~ Apri_113th, 2004 Page 17 of 28 S500.00. The filing fee is intended to cover the cost of reviewing existing or mnended building plans to determine and verify code compliance AA) DEMOLITION OF BUILDING OR STRUCTURE PERMIT FEES 11 The permit fee shall be 250.00 for the demohtion of any building or structure. BB) PRE.MOVING INSPECTION FEES 1) The fee shall be $150.00 for the pre-moving inspection of any building or structure. CC) INSPECTION FEES 1 ) A charge of 520.00 per inspection shall be assessed for inspections for which a permit is not necessary. 2) A user fee of 540.00 per inspection shall be assessed for inspections on a time specified basis. 3) A user lee of 5120.00 per inspection shall be assessed for inspections requested a~'ler normal working hours. (Normal working hours for inspections are Monday through Friday, 8:00 AM to 3:00 PM, excluding holidays.) 4) First Parlial inspection for single-family & tenant buildout. No charge 5) Second & subsequent partial inspections for single-family & tenant buildout. S25.00 DD) REINSPECTION FEES 1 ) Re-inspections for any type of building permit, or required Engineering re-inspections, shall result in an additional fcc of 575.00 per inspection for thc first re-inspection, 5100.00 for thc second re- inspection and 5125.00 for the third and each successive re-inspection. EE) FAILURE TO OBTA/N A PER~IIT 1 ) Where work for which a pernfit is required is started or proceeded with prior to obtaining said penmt, the fees herein specified shall be four times the regular fee not to exceed 51000.00 for permits costing 5250.00 and less. The penalty for failure to obtain a permit when one is required having a cost greater than 5;250.00 shall be two times the regular amount. The payment of such fee shall not relieve any person from fully comp. lying with the requirements of any applicable construction code or ordinance in the execution of the work, or from any penalty prescribed within any construction code, law or ordinance of Collier Connty. FF) LICENSING 1 ) The fee for licensing items is as follows: a. Letters of Reciprocity. S3.00 b. ContraciorsChange of Status. $10.00 c. Vohmtary Registration of Sram Certified Contractors. $10.00 d. Pictures. $2.00 e. Laminating 51.00 (per license) GG) DUPLICATE PERMIT CARDS 1 ) The fee shall be 55.00 for the issuance of a duplicate permit card for whatever reason. CDES Financial Administration, rev 04/13104 Agenda Item No. ~ April 13th, 2004 Page 18 of 28 HH) CHANGE OF CONTRACTOR OR SUBCONTRACTORS 1 ) To record a change of contractor or subcontractor, on a permit that has been issued, the fee shall be 550.00. This fee includes the issuance of a new permit card. II) PEILMIT FEE REFUNDS 1 ) If requested, in writing by the owner or his authorized agent, 50% of the fees charged, other than the application fee, may be refunded provided that a permil has been issued, construction has not commenced, mM the refund is applied for prior Io thc canccllation of thc permit. JJ)-RECORD RETRIEVAL 1 ) No charge for retrieving records from inactive or remote storage including microfihncd documenls KK) COPY FEES 1 ) The fee for blueprint and miscellaneous copying shall be as follows: a. Microfilm copies, of documents less than 11 x 17 inches: SO. 15 other sizes at cost of production. f. Microfilm or Blueprint copies: 18 X 24 $1.25 per page 30 X 36 $2.50 per page 30 X 42 $3.25 per page 34 X 44 $5.00 per page [2. Commnuity Development self-service copier, public access and not related to public record retrieval or public record copies: documents less titan 14x8.5 inches S0.15 lYer page reclusive of sales tax. LL) RESEARCH I ) The fee for researching records, ordinances, and codes shall be at no charge for the first hour, then at the base salary hourly rate of lhe staff member conducting the service for time in excess of 1 hour 21 The fee for creating and designing special computer generated reports thai are not part of the regulm' standard reports shall be at no charge.for the first hour, then at the base .salary hourly rate of the slaff member conducting the serx, ice for lime in excess of 1 hour. MM) SUBSCRIPTION SERVICE Thc fcc for one-year subscription sec,ice Io be mailed qnarlerly shall be 5;15.00 per year. Thc subscription year is from Och I through Scpl. 30. NN) ELECTRONIC DATA CONVERSION SURCHARGE 11 A snrcharge in the amount of 3% of thc building permit application fee, with the minimum surcharge being $3.00 and the maximum being $150.00, will be applied to every building permit application submitted. A flat fee of $3.00 per permit will be charged for those permits for which an application fee is not required per item (MI of this Schedule. CDES Financial Administration, rev 04113104 Agenda Item No. $¢¢,~ April 13th, 2004 Page 19 of 28 OO) REGISTRATION OF RENTAL DWELLINGS 1) Thc fcc for registration of rental dwellings is as follows: a. lnitialRegistration Fee- $30.00 b. AnnualRenewal- $20.00 c. LateFee- $10.00 PP) FEE WAIVER PROCEDURES 1) Requests for fee waivers may only be approved by the Board of County Commissioners. Waiver requests for developmenl review and building permit fees shall be submitted in writing directly to the appropriate Community Development & Environmental Services Divisiou Staff, who will prepare an executive summary for consideration by the Board. Such requests shall include a statement indicating the reason for the fee waiver request and, if applicable, the nature of the organization requesting the fee waiver. QQ) ADDITIONAl, I~E REFUND PROVISIONS 1 ) PAYMENT OF FEES: Frill payment of fees is required for a complete application. Department policy requires full payment of fees at the lime of application submittal. No work will begin on staff review of the application until all fees are paid in hill. If hill payment of fees is not received within 14 calendar days of application submittal, the application will be considered void. At this point, a new application and full payment of fees will be required to proceed witl~ a project. 21 There will be no refund of Planning, Environmental, or Engineering related fees, except those applications which have been deemed nol sufficient for staff review and are withdrawn within 30 days of notification will be entitled to a 50% refund. After 30 days from such notification, ~here wilt be no refund of submitted fees. In no cases will there be refunds for pre-application fees, data conversion fees. appeals of administrative decisions, or appeals to the Board of Zoning Appeals or Building Board of Adjustment. d) If siaff error causes the inappropriate or unnecessary filing of an application and payment of fees, 100 percent of all inappropriate fees, shall be refunded upon wrilten requesl and with the concurrence of Department management. 5) In those cases where alternative methods or timing of payments for CDES services and / or fees listed iu lhis schedule associated with SBR reviews arc deemed to best serve the public good, thc Community Development and Environmental Services Administrator will have the authority to approve such alternatives. Such alternative must be in writing and signed by all principals involved. In no case shall final C.O. or such certifications of project completeness be issued until paymeuts due CDES are received in full. 6) All hourly fees are computed and charged from actual Divisional time tracking records. 7) All acreage totals used in fee calculations will be rounded tip to the nearest whole acre. 8) Any legal advertising required during any CDES activity or approval process will be charged in addition to slated fees, at actual costs. CDES reserves the right to charge an estimated amount with the initially required project fees, and will reconcile and adjust such charges against actual legal advertising billings at the completion 0f the project. 9) When deemed essential for project review or approval, there will be uo additional charge for any meetings requested by CDES staff. CDES Financial Administration, rev 04/13/O1. Agenda Item No. $¢rg~ April 13th, 2004 Page 20 of 28 CDES Financial Administration, rev 04/13/O:! Agenda Item No. 1, ~¢~¢,¢ April 13th, 2004 Page 21 of 28 BUILDING VALUATION DATA As a service to our members, SBCCI offers the following building valuation data for the Standard Building Code© and the International Building Code®. The building valuation data represents the current average construction costs per sq· ft. The average costs include structural, electrical, plumbing, mechanical, interior finish, normal site preparation (excavation and backfill for building), architectural and design fees, overhead and profit. When using this data, it should be noted that these are "average" costs based on typical construction methods for each occupancy group and type of construction. These figures should be adjusted as appropriate. Occupancies are divided into two categories: "good''6 and "average,''z to reflect the broad range of construction values. This data was compiled by SBCCI using the Marshall Valuation Service as published by the Marshall and Swift Publication Company, Los Angeles, California. Note: Alabama is the base state for this table. Building Valuation Data produced March 31,2002. Data in the tables must be multiplied by the appropriate regional modifier· STANDARD BUILDING CODE© Type of Construction4 I II IVs VS ViS Occupancy 1-HR UNP UNP Assembly Auditorium - Good 131 126 101 64 62 100 96 66 62 - Average 96 93 73 45 42 72 68 46 42 Church - Good 127 122 103 89 87 102 98 81 92 -Average 93 90 75 65 63 74 70 70 66 Gymnasium - Good 104 104 83 76 73 82 78 79 75 - Average 77 77 61 54 52 60 56 57 53 Restaurant - Good 108 108 89 82 80 88 85 85 81 - Average 81 81 70 62 59 69 65 66 62 Theater - Good 123 119 86 78 76 85 81 81 77 - Average 92 90 62 55 53 61 57 58 54 Business Office - Good 113 109 89 80 77 88 84 85 81 - Average 86 82 65 56 53 64 60 62 58 Research/Engineering - Good 72 69 63 57 55 62 58 59 55 - Average 53 51 45 39 37 44 40 41 37 Service Station · - Good 108 104 87 85 82 86 82 72 68 - Average 98 94 73 70 68 72 68 61 57 Educational School I I - Good 104 104 - Average 81 81 87 I 80 68 61 77 58 Factory-Industrial Factow (light MGF) - Good - Average 44 I 42 30 29 44 33 27 25 32 Hazardous (Sprinkler System Included)4 Hazardous - Good - Average 46 32 461 4O 29 38 I 45 27 34 Agenda Item No. 16A6 April 13th, 2004 Page 22 of 28 Type of Construction4 Occupancy I I II III IV~ Vi5 I 1-HR ~ UNP 1-HR UNP Institutional Convalescent Hospital - Good 139 135 106 89 87 105 N/p~ 101 NIP~ - Average 114 111 82 68 66 81 N/p~ 78 N/pi Hospital - Good 199 195 159 89 87 158 N/p~ 151 N/p~ - Average 151 149 119 68 66 119 N/p~ 114 NIP~ Mercantile Department Stores - Good 89 87 76 56 54 75 71 59 55 - Average 68 67 62 43 40 61 57 46 42 Mall Stores - Good 102 102 74 67 64 73 69 70 66 - Average 83 83 61 54 52 60 56 57 53 Mall-Concourse - Good 80 80 59 56 54 58 54 58 54 - Average 63 63 46 43 41 45 41 45 41 ? Retail Store - Good 70 69 62 56 54 61 57 59 55 - Average 56 54 48 43 40 48 44 46 42 Residential Apartments - Good 84 80 70 63 61 69 65 65 61 - Average 66 63 55 48 46 54 50 51 47 Dormitories - Good 99 97 84 77 74 83 79 78 74 - Average 77 75 65 58 56 64 60 61 57 Homes ~r Elderly - Good 100 98 88 82 80 87 83 85 81 - Average 79 77 68 62 60 67 63 65 61 Hotel - Good 105 102 89 68 66 89 85 84 80 - Average 82 80 76 50 48 75 71 71 67 Motel - Good 105 102 73 68 66 73 69 71 67 - Average 82 80 55 50 48 54 50 53 49 Single Family Residence; - Good 90 87 77 70 68 76 72 70 66 - Average 68 65 57 51 49 56 52 52 48 Storage Auto Parking Structure - Good 39 37 NID~ N/Dz N/D2 N/D~ N/D* N/D2 N/D2 - Average 30 29 N/D2 24 21 N/D2 N/D2 N/D2 N/D2 Private Garage - Good 39 37 45 37 35 44 40 41 37 - Average 30 29 36 29 27 35 31 32 28 Repair Garage - Good 48 45 48 38 36 47 43 42 38 - Average 35 33 36 28 26 35 31 32 28 Warehouse - Good 49 47 39 33 31 38 34 35 31 - Average 36 34 29 23 21 28 24 26 22 Aaenaa Item No. April 13th, 2004 Page 23 of 28 Notes: 1. N/P-Not permitted by code. 2. N/D-Insufficient data to determine average cost. 3. Unfinished basements $11.81/sq. ft. 4. For sprinklered buildings in other than hazardous occupancies add $1.75/sq. ft. 5~ In Type IV, V, and VI, add $41,000 per elevator 6. A good building will normally have some components which are only average, but many will be better than average. A good building is well insulated to utility standards, with packaged or zoned air conditioning; and has more than the Occupancy minimum code required plumbing fixtures, and lighting and electric outlets, with good quality fixtures, interior and exterior finishes, and carpets. 7. An average building has minimum model energy code insulation levels, with a forced air system, contains the minimum code required plumbing fixtures, lighting, electric outtets; and has average quality interior and exterior finish and minimum carpet. INTERNATIONAL BUILDING CODE® Type of Construction4 I II III A A B A B V B Assembly Auditorium - Good 131 126 64 62 100 96 101 66 62 - Average 96 93 45 42 72 68 73 46 42 Church - Good 127 122 89 87 102 98 103 81 92 - Average 93 90 65 63 74 70 75 70 66 Gymnasium - Good 104 104 76 73 82 78 83 79 75 - Average 77 77 54 52 60 56 61 57 53 Restaurant - Good 108 108 82 80 88 85 89 85 8t - Average 81 81 62 59 69 65 70 66 62 Theater - Good 123 119 78 76 85 81 86 81 77 - Average 92 90 55 53 61 I 57 62 58 54 Business Office - Good 113 109 80 77 88 84 89 85 81 - Average 86 82 56 53 64 60 65 62 58 Research/Engineering - Good 72 69 57 55 62 58 63 59 55 - Average 53 51 39 37 44 40 45 41 37 Se~ice Station - Good 108 104 85 82 86 82 87 72 68 - Average 98 94 70 68 72 68 73 61 57 Educational - Good 104 104 - Average 81 81 61 58 67 Factory-Industrial Factory (light MGF) - Good - Average 44 I 42 30 29 38 27 36 25 43 32 37 26 38 28 Hazardous(Sprinkler System Included)4 Hazardous - Good - Average 46 32 43 30 4O 29 38 27 45 34 30 I 35 I 32 I Agenda Item No. 16A6 April 13th, 2004 Page 24 of 28 Type of Construction4 Occupancy I I II III V B I A A B Institutional Convalescent Hospital - Good 139 135 89 87 105 N/pr 106 101 N/P~ - Average 114 111 68 66 81 N/p~ 82 78 N/p~ Hospital - Good 199 195 89 87 158 N/pr 159 151 N/p~ - Average 151 149 68 66 119 N/pr 119 114 N/p~ Mercantile Department Stores - Good 89 87 56 54 75 71 76 59 55 - Average 68 67 43 40 61 57 62 46 42 Mall Stores - Good 102 102 67 64 73 69 74 70 66 - Average 83 83 54 52 60 56 61 57 53 Mall-Concourse - Good 80 80 56 54 58 54 59 58 54 - Average 63 63 43 41 45 41 46 45 41 Retail Store - Good 70 69 56 54 61 57 62 59 55 - Average 56 54 43 40 48 44 48 46 42 Residential Apadments - Good 84 80 63 61 69 65 70 65 61 - Average 66 63 48 46 54 50 55 51 47 Dormitories - Good 99 97 77 74 83 79 84 78 74 - Average 77 75 58 56 64 60 65 61 57 Homes for Elderly - Good 100 98 82 80 87 83 88 85 81 - Average 79 77 62 60 67 63 68 65 61 Hotel - Good 105 102 68 66 89 85 89 84 80 - Average 82 80 50 48 75 71 76 71 67 Motel - Good 105 102 68 66 73 69 73 71 67 - Average 82 80 50 48 54 50 55 53 49 Single Family Residence3 - Good 90 87 70 68 76 72 77 70 66 - Average 68 65 51 49 56 52 57 52 48 Storage Auto Parking Structure - Good 39 37 N/D2 N/D2 N/D2 N/Da N/D2 N/D2 N/D2 - Average 30 29 24 21 N/D~ N/D2 N/D2 N/Da N/Da Repair Garage - Good 48 45 38 36 47 43 48 42 38 - Average 35 33 28 26 35 31 36 32 28 Warehouse - Good 49 47 33 31 38 34 39 35 31 - Average 36 34 23 21 28 24 29 26 22 Agenda Item No. 16A6 April 13th, 2004 Page 25 of 28 Type of Construction4 Occupancy I II III V A B A B A B B :llaneous Private Garage - Good 39 37 37 35 44 40 45 41 37 - Average 30 29 29 27 35 31 36 32 28 Greenhouse - Good N/D2 N/D2 11.90 N/D2 N/D2 N/D~ N/Dz NIB~ 5.70 - Average N/D2 N/D~ 5.53 N/D2 N/D2 N/D2 N/D~ N/D2 3.71 Notes: 1. N/P-Not permitted by code. 2. N/D-Insufficient data to determine average cost_ 3. Unfinished basements $11,81/sq. ft. 4. For spdnklered buildings in other than hazardous occupancies add $1.75/sq. fi. 5. In Type II, III, and V, add $41,000 per elevator 6. A good building will normally have some components which are only average, but many will be better than average. A good building is well insulated to utility standards, with packaged or zoned air conditioning; and has more than the minimum code required plumbing fixtures, and lighting and electric outlets, with good quality fixtures, interior and exterior finishes, and carpets. 7. An average building has minimum model energy code insulation levels, with a forced air system, contains the minimum code required plumbing fixtures, lighting, electric outlets; and has average quality interior and exterior finish and minimum carpet. REGIONAL MODIFIERS (For use with SBC and IBC) ALABAMA 1.00 IDAHO 1.11 Birmingham 1.05 Mobile 1.04 ILLINOIS 1.22 Opelika 0.95 INDIANA 1.15 ALASKA 1.67 IOWA 1.16 ARIZONA 1.09 KANSAS 1.06 ARKANSAS 0.97 Little Rock 1.03 KENTUCKY 1.11 West Memphis 1.04 Covington 1.14 New Port 1.14 CALIFORNIA 1.27 LOUISIANA 1.02 COLORADO 1.13 Baton Rouge 1.02 Aspen 1 ~49 New Orleans 1.04 Shreveport 1.02 CONNECTICUT 1.25 MAINE 1.11 DELAWARE 1.23 MARYLAND 1.13 DISTRICT OF Baltimore 1.21 COLUMBIA 1.19 MASSACHUSETTS 1.24 FLORIDA 1.03 Jacksonville 1.03 MICHIGAN 1.16 Miami 1.00 Orlando 1.09 MINNESOTA 1.20 Tampa 1.08 MISSISSIPPI 0.98 GEORGIA 1.02 Jackson 1.00 Atlanta 1.11 Columbus 1.01 MISSOURI 1.09 HAWAII 1.61 MONTANA 1.09 NEBRASKA 1.09 NEVADA 1.19 NEW HAMPSHIRE 1.09 NEW JERSEY 1.30 NEW MEXICO 1.03 Gallup 1.17 TaGs 1.21 NEW YORK 1.20 NORTH CAROLINA 1.03 Charlotte 1.05 Raleigh 1.06 NORTH DAKOTA 1.13 OHIO 1.14 OKLAHOMA 0.99 Oklahoma City 1.08 OREGON 1.21 PENNSYLVANIA 1.17 RHODE ISLAND 1.23 SOUTH CAROLINA 1.02 Columbia 1.03 Myrtle Beach 1.05 SOUTH DAKOTA 1.10 TENNESSEE Knoxville Memphis Nashville TEXAS Amarillo Corpus Christi Dallas/Ft. Worth El Paso Houston Victoria Waco Wichita Falls UTAH VERMONT VIRGINIA Alexandria Fredericksburg Richmond WASHINGTON WEST VIRGINIA WISCONSIN WYOMING 1.03 1.08 1.05 1.07 0.99 1.02 0.95 1.05 0.99 1.03 0.95 1.00 1 .O2 1.06 1.14 1.02 1.18 1.15 1.05 1.24 1.17 1.19 1.08 Agenda Item No. 16A6 April 13th, 2004 Page 26 of 28 0r- .~., o,I EXECUTIVE SUMMARY DIRECT STAFF TO REVISE THE LITTORAL SHELF STANDARDS OF THE LDC TO CLEARLY INDICATE THAT NON-FUNCTIONING LITTORAL SHELVES SHALL MEET THE LISTED CRITERIA IDENTIFIED IN THE LDC OBJECTIVE: To have the BCC direct staff to amend the LDC to require that nonfunctioning littoral shelves are to meet the listed criteria identified in the LDC that was originally intended. CONSIDERATION: In June 2003, the BCC approved amendments to the LDC to provide new standards for planting littoral zones within stormwater detention ponds (Ordinance 03-27). Section 3.5.11.3.1 was adopted to address how projects approved and constructed to previous standards that are now no longer functioning are to be brought into compliance with the new standards. "Projects approved and constructed according to previous standards, may have to meet the new standards if the littoral shelves are no longer functioning, subject to the following criteria:" a. The amount of planted area shall be the same as that required in the original approval; b. 77~e property owner shall assess the existing slopes and elevations in order to determine the appropriate location of the plantings subject to the criteria found in 3.5.11.1.3. The planted area shall l~e consolidated as much as possible subject to the criteria found in 3.5.11.1.2. c. Subject to the assessment described in b., the e.risting planting slopes shouM be as fiat as possible but the 8:1 requirement of 3.5.1 l. 1.4 shall not be required. d. Plant selection and ~pecifications shall conform to 3.5.11.1.5; e. Signage of the planted littoral areas shall be required subject to 3.5.11.1.6. Although this section lists specific criteria that shall he followed for these types of situations, the use of the word "may" in the introductory sentence is contradictory to the intent of this section, which was intended to specifically require that the subsequent criteria be met for previously approved projects that no longer have functioning littoral shelves. Since this is inconsistent with the intent of the section, staff recommends that "may" be replaced with "shall" in the first section in order to be consistent with the subsequent criteria. FISCAL IMPACT: The fiscal impact is limited to minimal staff time to draft the recommended revision and process it through the regular LDC amendment hearing process. GROWTH MANAGEMENT IMPACT: Consistent with Policy 6.1.7 of the Conservation and Coastal Management Element. RECOMMENDATION: That the Board of County Commissioners direct staff to make the above noted revision at the next available LDC amendment cycle. Agenda Item No. 16A7 April 13th, 2004 Page I of 2 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A7 Direct Staff to Revise Littoral Shelf Standards Direct Staff to revise the Littoral Shelf Standards of the LDC to clearly indicate that non-functioning Littoral Shelves shall meet the listed criteria identified in the LDC. 4/13/2004 9:00:00 AM Prepared By William D. Lorenz, Jr., P.E. Community Development & Environmental Services Environmental Services Director Environmental Services Approve~ By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. Date 3/2512004 12:32 PM Approved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 312512004 11:23 AM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 4/112004 9:27 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/2/2004 12:39 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/2/2004 2:22 PM Agenda Item No. 16A7 April 13Ih, 2004 Page 2 of 2 ,EXECUTIVE SUMMARY Assignment Agreement For Easement For Fiddler's Creek, Phase 3, Unit 2 aka Sandpiper Drive OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the Assignment Agreement for the easement for water and sewer facilities. CONSIDERATIONS: 1 ) Fiddler's Creek Community Development District 1, has constructed the water and sewer facilities within platted easements to serve this development. See attached location map. 2) The Assignment Agreement for the easement has been reviewed by the County Attorney's office for legal sufficiency. FISCAL IMPACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water and sewer facilities will be paid by monthly user revenues. ,GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant and the South Regional Wastewater Treatment Plant. This project will not create a new impact, as it was planned for within facilities available at present. .RECOMMENDATION: The Community Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept and sign the Assignment Agreement for the easement for Fiddler's Creek, Phase 3, Unit 2 aka Sandpiper Drive. PREPARED BY: Sherry Eaton, Engineering Technician Engineering Services REVIEWED BY: Date Thomas E. Kuck, P.E., Engineering Director Engineering Services Date Joseph K. Schmitt, Administrator Date COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES attachment Agenda Item No. 16A8 April 13th, 2004 Page I of 7 Item Number Item Title Item Summaoj Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A8 Assignment Agreement For Easement For Fiddler's Creek, Phase 3, Unit 2 aka Sandpiper Drive Assignment Agreement For Easement For Fiddler's Creek, Phase 3, Unit 2 aka Sandpiper Drive 4/13/2004 9:00:00 AM Prepared By Sherry Eaton Community Development & Environmental Services Engineering Technician Engineering Services Approved By Thomas E. Kuck, P.E. Community Development & Environmental Services CDES Engineering Services Director CDES Engineering Services Date 3/25/2004 10:13 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. Date 3/25/2004 12:22 PM Approved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 3/2612004 8:42 AM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 4/112004 9:11 AM Approved By Michael Smykowski County Managers Office Management & Budget Director Office of Management & Budget Date 4/1/2004 10:38 AM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/5/2004 11:55 AM Agenda Item No. 16A8 Apdl 13th, 2O04 Page 2 of 7 ASSIGNMENT AGREEMENT THIS ASSIGNMENT AGREEMENT made and entered into this j")~- day of [~£ .?-)%~/L.,t~ 2003, by and between the FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT 1, a political subdivision of the State of Florida, (hereinafter ref,.:rred to as "Assignor"'), and the BOARD OF COUNTY COMMISSIONERS OF ,3OLLIER COUNTY AS THE GOVERNING BODY OF COLLIER COUNTY AND EX, OFFICIO BOARD THE GOVERN NG BOARD OF THE COLLIER COUNTY WATEF',-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "Assignee"). WHEREAS, Assig'~or is the Grantee under that certain Assignment of Reservations and that certain Utility Easement ("Utility Easement") from 951 Land Holdin{.s, Ltd., a Florida limited partnership ("951 Land Holdings"), to Assignor concerning certain ~vater and sewer facilities located within the real property referenced in. said Utility Easement, a copy of said Utility Easement I~eing attached hereto and made a part hereof as Exhibit "A"; and WHEREAS, certa n water and sewer facilities located within the afore,:lescribed Utility Easement have been conveyed to Assignor from 951 Land Holdings by Utility Facilities Warranty De~d and Bill of Sale, which water and sewer facilities are simultaneously herewith being conveyed to Assignee from Assignor; and WHEREAS, it is ~ecessary that Assignee obtain the rights of Assignor as the Grantee in said Utility Easements as to said water and sewer utility facilities. NOW THEREFORE WITNESSETH that for and in consideratioR of the premises and in consideration of the sum of Ten and 00/100 Dollars ($10.00), receipt of which is acknowledged by Assign,)r from Assignee, and other good and valuable consideration, the parties hereto agree as f)llows: 1 ) Assignor hereby conveys, grants, transfers, demises, releases ar d assigns unto Assignee, its succe,';sors and assigns, all of the rights of Assignor as Grantee under the Utility Easements referenced hereto and made a part hereof as Exhibit "A' as to the aforesaid water and sewer utility facilities. Assignee aforesaid hereby accepts said assignment. 2) Governing_ Law. This Assignment shall be construed and enforced in accordance v~ith and go~ erned by the laws of the State of Florida. Page I of 3 Agenda Item No. 16A8 April 13th, 2004 Page 3 of 7 3) .Mod ficatic_,n; Additional Assurances. No change, amendment, modification or cancellation of any pa t of this Assignment Agreement shall be valid unless in writing and signed by Assignor ~nd Assignee. 4) .Binding Effi;ct. The terms, covenants and conditions contained herein shall inure to the benefit and be binding upon Assignee and Assignor and their respective successors and assigns. IN WITNESS WHEREOF, the padies have executed this Agreement as ¢.f the date and year first written. Attest: Adl~d'~.' ii~/~oc[wa'f-'~, A~'~[i~ta~t secretary ASSIGNOR: FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT 1 By: Clifford ~A~t:;;~, Vice Chairman STATE OF FLORIDA COUNTY OF COLLIER The foregoing Ass ignment Agreement was sworn to and subscribed before me by Clifford A. Olson, as Vice Chairman of the FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRI cT 1, on behalf of the Fiddler's Creek Community DevelOpment District who is personally known to me. WITNESS my hard and official seal this / ~H_ day of ~.~/'~/2¢/~L' 2003. Notary Public Print Name: My Commission Expires: (SEAL) Page 2 of 3 Agenda Item No. 16A8 April 13th, 2004 Page 4 of 7 ATYEST: DWIGHT E. BROCK, Clerk By:._ Deputy Clerk ASSIGNEE: BOARD OF COUNTY COMMISSIONERS OF COLLIER.COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER cOUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE. $OLLIER COUNTY WATER-SEWER DISTRICT Approved as to from and legal sufficiency I Id~l_~ ~ ~ ' ' -- Ass~~un[y A~ome y BY: Donna Fiala, Chairman . STATE OF FLORIDA COUNTY OF COLLIER i HEREBY cERTI zy that on this day, before me, an officer duly authori:,_ed in the State and County aforesaid to take acknowledgments, personally appeared , wall known to me to be the Chairman of the Board of County Commissioners, Collier County, Florida, As The Governing Body of Collier County and as Ex-Officio the Governin3 Board of The Collier County Water-Sewer District, being authorized so to do, executed the foregoing Assignment Agreement for the purpose therein contained under authority duly invested by the Board of County Commissioner."., and that the seal affixed thereto i,.; the true seal of said Board. WITNESS my har~d and official seal in the County and State last aforesaid this __ day of ., 2003. (Notarial Seal) Notary Public Pdnt Name: My Commission Expires: · This instrument prepared by: Anthony P. Pires, Jr. Woodward, Pires & Lom aardo, P.A. 3200 Tamiami Trail North, Suite 200 Naples, Florida 34103 (239) 649-6555 Page 4 of 4 Agenda Item No. 16A8 April 13th, 2004 Page 5 of 7 em No. 16A8 ril 13th, 2004 Page 6 of 7 HOLE MONTES 951) Erlcote Way . Nal~z~s. ~ 34110 . Phone: 239.254.2~0 - Fax: 239.254.2tJ~5 HM PROJECT #1998070 8/28/20O3 REF. DVVG. #B-4352 PAGE 1 of I LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 14, TOWNSHIP 51 SOUTH, RAI4GE 26 EAST, COLLIER COUf~I'Y, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF TRACT F-25, FIDDLER'S CREEK PHASE 2A UNIT THREE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 35 AT PAGES 98 THROUGH 102 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.00~_6'31'E. ALONG THE I=_AST UNE OF SAiD TRACT F-25, FOR A DIS"ANCE OF 433.28 FEET TO THE POINT OF BEGINNING. OF THE PAFICEL OF LAND HEREIN DESCRIBED THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE NORTHERLY, WHOSE RADIUS POINT BEARS N.05°lS'02"W., A DISTANCE OF 700.00 FEET THEREFROM; THENCE RUN EASTERLY ALONG THE ARC OF SAID CHRVE TO THE LEFT, HAVING A RADIUS OF 700.00 FEET, THROUGH A CENTRAL ANGLE OF 06°12"06', SUBTENDED BY A CHORD OF 75.73 FEET AT A BEARING OF N.81'"J~;'55'E., FOR A DISTANCE OF 75.77 FEET T(:! THE END OF SAID CURVE; THENCE RUN S.00°26'31'E., FOR A DISTANCE OF 101.65 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHERLY, WHOSE RADIUS POINT BEARS N.10"06'19'W, A DISTANCE O;: 800.00 FEET THEREFROM; THENCE RUN WESTERLY ALONG THE! ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 800.00 FEET, THROtJGH A CENTRAL ANGLE OF 04°51~3', SUBTENDED BY A CHORD OF 67.82 FEET AT A BEARING OF S.82°19'27'W., FOR A DISTANCE OF 67.85 FEET TO THE END OF SAID CURVE; THENCE RUN S.41D17'29'W., FOR A DISTANCE OF 19.10 FEET; THENCE RUN S.00~b"'31'E., FOR A DISTANCE OF 20.63 FEET; THENCE RUN S.89~33~9'W., FOR A DtSI'ANCE OF 65.00 FEET; THENCE RUN N.00~26'31"~., FOR A DISTANCE OF 32.15 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHERLY, WHOSE RADIUS POINT BEARS N.00"19'31'Eo, A OISTANCE OF 800.00 FEET THEREFROM; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 800.00 FEET, THROUGH A CENTRAL ANGLE OF 36°40'49', SUBTENDED BY A CHORD OF 503.45 FEET ,~,T A BEARING OF N.71"20'04'W., FOR A DISTANCE OF 512.15 FEET TO A POINT ON THE NORTHERLY LINE OF 'IT~,ACT L-21 OF SAID FIDDLER'S CREEK PI-U~;E 2A; UNIT THREE AND THE END OF SAID CURVE; THENCE RUN N.52~59'40'W. ALONG THE NORTHERLY UN = OF SAID TRACT L-21, FOR'A DISTANCE OF 338.26 FEET TO A POINT ON THE EASTERLY ENE OF TRACT R OF SAID FIDDLER'S CREEK PHASE 2A, UNIT THREE; THENCE RUN N.37"00'20'F_ ALONG SAID TRACT R, FOR ~, DISTANCE OF 100.00 FEET TO A POINT ON THE SOUTHERLY UNE OF SAID TRACT F-25; THENCE RUN S.52"'59'40'E. ALONG THE SOUTHERLY UNE OF SAID TRACT F-25, FOR A DISTANCE OF 338.26 FEEl' TO THE BEGINNING OF A TANGENTIAL ClRCUI..AR CUR~E, CONCAVE NORTHERLY; THENCE-RUN Ea~STERLY ALONG THE SOUTHERLY UNE OF SAID TRACT F-25 AND ALONG THE ARC OF SAID CURVE TO THE; LEFT, HAVING A RADIUS OF 700.00 FEET, THROUGH A CENTRAL ANGLE OF 42"18'22', SUErlENDED BY A CHORD OF 505.20 FEET AT A BEARING OF S.74°08'51'E-, FOR A DISTANCE OF 516.87 FEET TO THE POINT O.F BEGINNING; CONTAINING 2.262 ACRES, MORE OR LESS. THIS PROPERTY' SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS SHOWN HEREON REFER TO THE EAST ENE OF TRACT F-25, FIDDLER'S CREEK PHAI~E 2A, UNIT THREE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 35 AT PAGES 98 THP, OUGH 102 OF THE PUBMC RECORDS O~= COLLIER COUNTY, FLORIDA AS BEING S.00'"26'31'E. HOLE MONTES, INC. CERTIFICATE OF AUTHORIZA'I1ON NUMBER LEI 1772 -- THo, s M. S ATE OF F,ORIDA Agenda Item No. 16A8 April 13th, 2004 Page 7 of 7 E~TI~SUMM~RY Request to approve for recording the final plat of "Independence Phase One", and approval of the standard fo~ Construction and Maintenance Agreement and approval of the amount of the performance security OBJECTIVE: To approve for recording the final plat of "Independence Phase One", a subdivision of lands located in Section 31 Township 46 South, Range 29 East, (Immokalee) Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Independence Phase One" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering Review Services Director and the County Attorney's office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the "Independence Phase One" be approved for recording. final plat of This project is a 49 lot subdivision being developed by Habitat for Humanity of Collier County, Inc. FISCAL IMPACT: The project cost is $951,098.75 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $211,198.75 b) Drainage, Paving, Grading - $739,900.00 The Security amount, equal to 110% of the project cost, is $1,046,208.63 The County will realize revenues as follows: Agenda Item No. 16A9 April 13th, 2004 Page I of 5 Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $23,281.95 Fees are based on a construction estimate of $739,900.00 (does not include Immokatee Water- Sewer District utilities) and were paid in August, 2003. The breakdown is as follows: a) Plat Review Fee ($1000.00 + $5./ -$ 1,085.00 b) c) d) Construction Drawing Review Fee Water & Sewer (Immokalee W/S) - $ L0_ Drainage, Paving, Grading (.75% const, est.)$ 5,549.25 Construction Inspection Fee Water & Sewer (Immokalee W/S) Drainage, Paving, Grading (2.25% const, est.) GROWTH ~L~NAG~NT IMPACT: - $16,647.70 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: issues There are no outstanding environmental HISTORICAL/A/{CHAEOLOGICAL IMPACT: archaeological impacts There are no historical or EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval pLANNING SERVICES STAFF RECOMMENDATIOn: That the Board of County Commissioners approve the Final-Plat of "Independence Phase One" for recording with the following stipulations: Approve the amount of $1,046,208.63 as performance security for the required improvements; or such lesser amount based Agenda Item No. 16A9 April 13th, 2004 Page 2 of 5 o on work completed, and as is approved by the Engineering Review Department. Approve the standard form Agreement, and Construction and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Review Services Director and the County Attorney's office. Agenda Item No. 16A9 April 13th, 2004 Page 3 of 5 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A9 Independence Final Plat Request to approve for recording the final plat of "Independence Phase One", and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security 4/13/2004 9:00:00 AM Prepared By John Houldsworth Community Development & Environmental Services Senior Engineer Engineering Services Approved By Thomas E. Kuck, P.E. Community Development & Environmental Services CDES Engineering Services Director CDES Engineering Services Date 3/29/2004 10:11 AM Approved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 3/29/2004 12:17 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. Date 4/1/2004 1:02 PM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 4/5/2004 1:07 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/5/2004 5:08 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/5/2004 5:26 PM Agenda Item No. 16A9 April 13th, 2004 Page 4 of 5 II .... E~C~I~ SUMMARY Request to approve for recording the final plat of "Fiddler's Creek Phase Four, Unit One", and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security OBJECTIVE: To approve for recording the final plat of "Fiddler's Creek Phase Four, Unit One", a subdivision of lands located in Section 11 Township 51 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-199. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Fiddler's Creek Phase Four, Unit One". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering Review Services Director and the County Attorney's office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. This project is being developed by 951 Land Holdings, Ltd. Engineering Review Section recommends that the final plat of "Fiddler's Creek Phase Four, Unit One" be approved for recording. FISCA~L IMPACT: The project cost is $4,014,688.86 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $1,736,396.00 - $2,278,292.86 The Security amount, equal to 110% of the project cost, is $4,416,157.75 The County will realize revenues as follows: Agenda Item No. 16A10 April 13th, 2004 Page 1 of 5 Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $75,354.55 Fees are based on a construction estimate of $4,014,688.86 and were paid in April, 2003. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5./ac)-$ 1,440.00 b) c) d) Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 8, 681.98 Drainage, Paving, Grading (.42% const, est.) - $ 9,568.83 Construction Inspection Fee Water & Sewer (1.50% const, est.) - $26,045.93 Drainage, Paving, Grading(1.3%const.est.) - $29,617.81 GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: issues There are no outstanding environmental HISTORICAL/ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Fiddler's Creek Phase Four, Unit One" for recording with the following stipulations: Approve the amount of $4,416,157.75 as performance security for the required improvements; or such lesser amount based Agenda Item No. 16A10 April 13th, 2004 Page 2 of 5 on work completed, and as is approved by the Engineering Review Department. Approve the standard Agreement, and form Construction and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Review Services Director and the County Attorney's office. Agenda Item No. 16A10 April 13th, 2004 Page 3 of 5 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A10 Fiddler's Creek Unit 4, Phase 1 Request to approve for recording the final plat of "Fiddler's Creek Phase Four, Unit One", and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security 4/13~2004 9:00:00 AM Prepared By John Houldsworth Community Development & Environmental Services Senior Engineer Engineering Services Approved By Thomas E. Kuck, P.E. Community Development & Environmental Services CDES Engineering Services Director CDES Engineering Services Date 3/2912004 10:11 AM Approved By Constance A. Johnson Community Development Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 312912004 12:22 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Sendces Adminstrator Community Development & Environmental Services Admin. Date 4/112004 12:17 PM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management 8, Budget Date 4/5/2004 1:01 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/5/2004 5:07 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/5/2004 5:23 PM Agenda Item No. 16A10 April 13th, 2004 Page 4 of 5 EXECUTIVE SUMMARY Final Acceptance Of Water Utility Facilities For First Baptist Church, Phase 1-A & 1-B OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water facilities. CONSIDERATIONS: 1) The Developer of First Baptist Church, Phase 1-A & l-B, has constructed the water facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on May 18, 2001-Phase 1 -A, and October 16, 2001 -Phase 1-B, in accordance with Ordinance 2001-57. 3) Staff has recorded all appropriate legal documentation which has been reviewed by the County Attorney's office for legal sufficiency. 4) The water facilities have been operated and maintained by the Collier County Water-Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), in the form of an Irrevocable Standby Letter of Credit No. 3037409, in the amount of $22,677.22, will be released to the Project Engineer or the Developer's designated agent upon the Board's approval. 7) Water Facilities have been reviewed by Roy Anderson of Public Utilities. He has approved Executive Summary for Final Acceptance via email dated March 23, 2004. FISCAL IMPACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water facilities will be paid by monthly user revenues. Agenda Item No. 16All April 13th, 2004 Page 1 of 4 Executive Summary First Baptist Church, Phase 1-A & 1-B Page Two GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant. Capacity presently exists to serve this project. RECOMMENDATION: The Community Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water facilities for First Baptist Church, Phase 1-A & l-B, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Sherry Eaton, Engineering Technician Engineering Services REVIEWED BY: 02/27/04 Date Thomas E. Kuck, P.E. Engineering Services Director/County Engineer 02/27/04 Date APPROVED BY: Joseph K. Schmitt, Administrator Community Development And Environmental Services attach ments Date Agenda Item No. 16All April 13th, 2004 Page 2 of 4 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A11 Final Acceptance Of Water Utility Facilities For First Baptist Church, Phase & I-B Final Acceptance Of Water Utility Facilities For First BapUst Church, Phase I-A & I-B 4/13/2004 9:00:00 AM Prepared By Sherry Eaton Community Development & Environmental Services Engineering Technician Engineering Services Approved By Thomas E. Kuck, P.E. Community Development & Environmental Services CDES Engineering Services Director CDES Engineering Services Date 3125/2004 4:15 PM Approved By Constance A. Johnson Community Development Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 4/112004 2:47 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. Date 4/2/2004 4:16 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/5/2004 5:05 PM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 4/5/2004 1:13 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/5/2004 5:19 PM Agenda Item No. 16A11 Apd113th, 2004 Page 3 of 4 First Baptist Church, Phase 1-A and 1-B Agenda Item No. '16A'I '1 April 13th, 2004 Page 4 of 4 EXECUTIVE SUMMARY Approve award of a construction contract with John Carlo, Inc. for intersection improvements in the amount of $507,543.69 on Golden Gate Parkway at Sunshine Boulevard, Bid No. 04-3619 OBJECTIVE: To receive the Board of County Commissioners approval of a construction contract for intersection improvements on Golden Gate Parkway at Sunshine Boulevard. CONSIDERATIONS: The intersection of Golden Gate Parkway and Sunshine Boulevard is currently experiencing safety and operational deficiencies. In 2003 alone, there were thirty-six accidents at this location. The proposed improvements will improve the traffic flow at this intersection by extending and aligning the westbound and eastbound left turn lanes, adding a westbound right turn lane onto Sunshine Boulevard, adding an eastbound right turn lane onto 47'h Street SW, and providing a new sidewalk and drainage improvements on the south side of Golden Gate Parkway. On March 8, 2004, bids were received from eight contractors. The bids included two alternate bid items for evaluation. The base bid included 6" thick concrete sidewalks throughout the project while Alternate Bid Item #1 included 4" concrete sidewalks with a 4" limerock base. Every bidder on the project had Alternate Bid Item #1 more costly than the base bid. In fact, the average cost increase to use a limerock base was over $23,000.00 for this project. It is our professional opinion that use of the 6" thick concrete will improve the quality and the longevity of the sidewalk when compared with a 4" thick concrete placed on a 4" limerock base. In addition, we will have a significant cost savings. We also evaluated the use of High Density Polyethylene (HDPE) pipe on the project in lieu of reinforced concrete pipe where allowable. The lowest bidder offered a savings of $9000.00 for this alternate and, therefore, we would recommend acceptance of Alternate Bid Item g2 to the bid. The HDPE pipe has been shown to perform as well as concrete pipe. Based upon the above, the base bid plus Alternate Bid Item #2 was as follows: John Carlo, Inc. DN Higgins, Inc. Bonness, Inc. Ajax Paving, Inc. $507,543.69 $565,994.40 $628,674.03 $629,008.63 Quality Enterprises APAC, Inc Florida State Underground Better Roads, Inc. $738,017.91 $783,508.43 $809,115.87 $883,060.71 The Collier County Transportation Division currently has no working experience with John Carlo, Inc. Reference checks were made and all sources indicated satisfactory performance. FISCAL IMPACT: Funds in the amount of $507,543.69 are available in Project No. 60016. The amount of $307,543.69 will come from the Transportation Supported Gas Tax Fund 313 and $200,000.00 will come from ad valorem in the County-Wide Capital Improvement fund 301. GROWTH MANAGEMENT IMPACT: There is no growth management impact resulting from this project. Agenda Item No. 16B1 April 13th, 2004 Page I of 17 RECOMMENDATIONS: That the Board of County Commissioners: 1) Approve award of construction contract, including acceptance of Alternate Bid Item #2 (using HDPE pipe) with John Carlo, Inc. as referenced herein and authorize the Administrator to execute after County Attorney review and approval. 2) Allow the use of 6" concrete sidewalks in lieu of 4" concrete sidewalks with a 4" limerock base for all projects using the "Annual Contract for Roadway Contractors" (Contract #02-3327) due to the associated cost savings without jeopardizing the quality and longevity. SUBMITTED BY: Daniel G. Hall, P.E., Project Manager T.E. & C.M. Department Date: REVIEWED BY: Gregg R. Strakaluse, P.E., Director T.E. & C.M. Department Date REVIEWED BY: Date Stephen Y. Carnell, Director Purchasing/General Services APPROVED BY: Date: Norman E. Feder, AICP, Administrator Transportation Division Agenda Item No. 16B1 April 13th, 2004 Page 2 of 17 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16BI intersection improvements in the amount of $507,543.69 on Golden Gate Parkway at Sunshine Boulevard Approve award of a construction contract with John Carlo, Inc. for intersection improvements in the amount of $507,543.69 on Golden Gate Parkway at Sunshine Boulevard, Bid No. 04-3619 4/13/2004 9:00:00 AM Prepared By Daniel Hall Transportion Services Project Manager TECM Approved By Steve Carnell Administrative Services Purchasing/General Svcs Director Purchasing Date 3124/2004 1:33 PM Approved By Dale A. Bathon, P.E. Transportion Services Prinicipal Project Manager Transportation Engineering and Construction Date 3/25/2004 4:56 PM Approved By Sharon Newman Transportion Services Accounting Supervisor Transportation Administration Date 312512004 3:47 PM Approved By Dale A. Bathon, P.E. Transportion Services Prinicipal Project Manager Transportation Engineering and Construction Date 3/2512004 4:56 PM Approved By Diane Perryman Transportion Services Executive Secretary Transportation Services Admin. Date 3/29/2004 11:01 AM Approved By Norm E. Feder, AICP Transportion Services Transportation Division Administrator Transportation Services Admin. Date 3/2912004 5:25 PM Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Office of Management & Budget Date 4/212004 9:43 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/2/2004 1:05 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 41212004 2:31 PM Agenda Item No. 16B1 April 13th, 2004 Page 3 of 17 z~ 0r- C c 'ID '"'l C -0 · ~-- 0,1 0 ~_§~ ~§-~ g~XECUTIVE SUMMARY Award a construction contract in the amount of $1,860,563.00 to Douglas N. Higgins, Inc. and allocate $186,000.00 (10% of the construction cost) for contingency purposes to construct the proposed 13th street SW road project, Golden Gate Boulevard to 16TM Avenue SW, Project No. 69068, Bid No. 04-3625. OBJECTIVE: To receive Board approval to award a contract to proceed with the construction of 13th Street SW project for $1,860,563.00 as per certified plans to the lowest bidder, Douglas N. Higgins, Inc., and allocate $186,000.00 (10% of the construction cost) for contingency purposes. CONSIDERATION: Seven (7) Bids were received on March 16, 2004 from Florida State Underground, Inc., APAC-Florida, Inc., Better Roads, Inc., John Carlo, Inc., Ajax Paving Industries, Inc. Quality Enterprises, Inc. Douglas N. Higgins Inc. for the construction of 13th Street SW, from Golden Gate Boulevard to 16th Avenue SW. The lowest bid was from Douglas N. Higgins, Inc., at $1,860,563.00, which was below the engineer's estimate. This contractor has demonstrated satisfactory performance on other projects in the past. The construction duration for this project is 180 calendar days. The 10% contingency funds will allow staff to proceed with unforeseen conditions, scope additions and modifications, or any other unanticipated necessary task in a timely and efficient manner. FISCAL IMPACT: Funds in the amount of $1,860,563.00 are available in the Transportation Supported Gas Tax Fund. Source of funds are gas taxes. GROWTH MANAGEMENT IMPACT: This Capital Improvement Element is consistent with the Transportation Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners award a contract to Douglas N. Higgins, Inc., for the construction of the proposed 13th Street SW project, Bid No.04-3625, and authorize the Chairman to approve the standard construction agreement after County Attorney approval. Agenda Item No. 16B2 April 13th, 2004 Page 1 of 8 SUBMITYED BY: Lynn R. Thorpe, P.E., Principal Project Manager DATE: APPROVED BY: Gregg R. Strakaluse, P.E., Director, T.E. & C.M.D. DATE: APPROVED BY: Steve Carnell, Director Purchasing/General Services APPROVED BY: Norman E. Feder, AICP, Administrator Transportation Division DATE: DATE: Agenda Item No. 16B2 April 13th, 2004 Page 2 of 8 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16B2 13th Street SW Award a construction contract in the amount of $1,860,563.00 to Douglas N. Higgins, Inc. and allocate $186,000.00 (10% of the construction cost) for contingency purposes to construct the proposed 13th street SW road project, Golden Gate Boulevard to 16TH Avenue SW, Project No. 69068, Bid No. 04- 3625. 4/13/2004 9:00:00 AM Prepared By Lynn R. Thorpe, P.E. Transportion Services Principal Project Manager Transportation Engineering and Construction Approved By Sharon Newman Transport. ion Services Accounting Supervisor Transportation Administration Date 3~25~2004 1:56 PM Approved By Gregg R. Strakaluse Transportion Services Transportation Engineering/ Construction Mgmt Director Transportation Engineering and Construction Date 3126/2004 4:28 PM Approved By Diane Perryman Transportion Services Executive Secretary Transportation Services Admin. Date 313012004 10:53 AM Approved By Norm E. Peder, AICP Transportion Services Transportation Division Administrator Transportation Services Admin. Date 3/31/2004 3:46 PM Approved By Michael Srnykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 41212004 12:56 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/2/2004 3:48 PM Agenda Item No. 16B2 April 13th, 2004 Page 3 of 8, z~ Il. EXECUTIVE SUMMARY Approve a budget amendment to shift $1,105,000.00 between budgeted projects for a mid- year adjustment to the Stormwater Capital Improvement program. OBJECTIVE: To receive the Board of County Commissioners approval for a budget amendment for a mid-year adjustment to the Stormwater Capital Improvement program. CONSIDERATIONS: Stormwater Management staff has reviewed the current FY-04 capital budget and would like to make the following recommendations to modify the current capital budget. Five projects were completed under budget and need to be closed out to transfer the money into other projects. The projects are Palm River Weir, Pine Ridge/Mockingbird, US-41 Outfall Swales, Tideflex Check Valves, Harvey Basin Master Plan. The North Livingston Road Master Plan, Gateway Triangle Master Plan, Avalon School Ditch Improvements, Consulting Study for Funding and SR 29 Culvert replacement project are in the planning, design and permitting phase and will not need the total amount budgeted for this year. Staff has identified areas within the County's roadside drainage system in need of swale restoration and will start with improvements in the Livingston Woods area with a portion of the transferred money. Additionally money will be transferred into the Global Positioning System (GPS) Project, Immokalee 5th Street Ditch Enclosure Project, Naples Pm'k Outfall maintenance dredging and the drainage improvements for Golden Gate Parkway at Sunshine Blvd. The additional money requested for the GPS project is to provide a County "wide" GPS system. This system will consist of seven (7) permanent GPS stations at strategically located, County facilities linked together via the Intemet. The system will broadcast corrections to mobile GPS rover backpack units. The corrections allow the mobile GPS rover units to calculate their horizontal and vertical position with centimeter precision. This basically enables the user to identify his/her position horizontally and vertically anywhere in Collier County (east of S.R. 29) with accuracy on the order of 2 centimeters, allowing County Staff to more readily identify and remedy impairments to stormwater flow. The Big Cypress Basin has committed to fund $60,000 towards the GPS project, which will be reimbursed when the grant is executed later this year. The Immokalee Fifth Street Project actual construction costs for the first section of the ditch came in higher that what was originally estimated. We also added Construction Engineering and Inspection Services to this project. In addition, the FY 04 scope of the project has been expanded to include and design and permitting on the second and final section of the project. Construction of this last section is planned for FY 05. The Naples Park Outfall project was originally budgeted for $25,000 to maintenance dredge the outfall. After our initial investigation it has been determined that the outfall will need to have additional material dredged and the placement of rock rip-wrap to prevent scour at the outfall. The total estimate for the project is $100,000 and will require the additional $75,000.00. Agenda Item No. 16B3 April 13th, 2004 Page 1 of 5 Executive Summary Budget Amendment Page 2 of 3 Golden Gate Parkway at Sunshine Boulevard began as an intersection improvement project by the Transportation Engineering and Construction Management Department. The need for stormwater improvements in the area was identified promptly and added to the scope of the project. The complete project is currently ready for construction. The combined project will solve a significant drainage problem at this intersection. Proiects Completed i 51017 Palm River Weir ($13,174.90) 51303 Pine Ridge/Mockingbird ($450.00) 51401 US-41 Outfall Swales ($12,362.89) 51805 Tideflex Check Valves ($31,400.00) 51016 Harvey Basin Master Plan ($49.00) Subtotal ($57,436.79) :Proiects to reduce 51014 North Liv. Basin Plan ($500,000.00) 51107 Avalon School Ditch ($360,000.00) 51011 Consulting Study ($100,000.00) 51701 SR-29 Culvert Replacement ($87,563.21) Subtotal ($1,047,563.21) Total Decrease - ($1,105,000.00) Proiects to increase: 51003 GPS $180,000.00 51004 Naples Park $75,000.0(1 51007 Swale Maintenance Livingston Woods $450,000.012 51725 Imm. 5th St. Ditch $200,000.0¢ 60016 G.G. Pkwy @sunshine $200,000.0(; Total Increase $1,105,000.0(; The Corkscrew Canal improvement project was budgeted to receive $1,000,000 from the Big Cypress Basin (BCB) for the County to manage and construct the project. The BCB has made the decision to manage the project themselves, therefore the County will not be receiving the funding for the project. FISCAL IMPACT: Funds will be transferred from Project Numbers 51014 North Livingston Master Plan, 51107 Avalon School Ditch, 51011 Consulting Study and 51701 SR-29 Culvert replacement to 51003 GPs, 51004 Naples Park Outfall, 51004 Swale Maintenance Livingston Woods, 51725 Immokalee 5th St. Ditch and 60016 Golden Gate Parkway outfall improvements. A budget amendment in the amount of $1,105,000 has been prepared for this executive summary. Source of funds is Ad Valorem taxes. Additionally a budget amendment has been prepared to delete the Corkscrew and Gateway grants in the amount of $1,480,000. Agenda Item No. 16B3 April 13th, 2004 Page 2 of 5 Executive Summary Budget Amendment Page 3 of 3 GROWTH MANAGEMENT IMPACT: The budget amendment is in accordance with the goal and objectives of the Drainage Sub-element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve all necessary budget amendments. SUBMITFED BY: Date: Peter S. Hayden, Project Manager Stormwater Management / Road Maintenance Department REVIEWED BY: John Vliet, Interim Director Road Maintenance Department Date: APPROVED BY: Norman E. Feder, Administrator Transportation Division Date: Attachment- Spreadsheet Agenda Item No. 16B3 April 13th, 2004 Page 3 of 5 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16B3 Stormwater Budget Amendment Approve a budget amendment to shift $1,105,000.00 between budgeted projects for a mid-year adjustment to the Stormwater Capital Improvement program. 4/13/2004 9:00:00 AM Prepared By Peter Hayden Transportion Services Project Manager Road Maintenance Approved By Sharon Newman Transportion Services Accounting Supervisor Transportation Administration Date 3~25~2004 1:12 PM Approved By John Vliet Transportion Services Roads Maintenance Superintendent Road Maintenance Date 3125/2004 1:35 PM Approved By Norm E. Feder, AICP Transportion Services Transportation Division Administrator Transportation Services Admin. Date 3~30~2004 1:23 PM Approved By Susan Usher County Manager's Office Senior ManagementJBudget Analyst Office of Management & Budget Date 4/1/2004 5:48 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/712004 2:07 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/712004 4:18 PM Agenda Item No. 16B3 April 13th, 2004 Page 4 of 5 Collier County Stormwater Mid-Year Budget Adjustments Proiects Completed 51017 Palm River Weir $13,174.90 51303 Pine Ridge/Mockingbird $450.00 51401 US-41 Outfall Swales $12,362.89 51805 Tideflex Check Valves $31,400.00 51016 Harvey Basin Master Plan $49.00 $57,436.79 Proiects to reduce 51006 Corkscrew Canal Improvements $1,000,000.00 51014 North Liv. Basin Plan $500,000.00 51107 Avalon School Ditch $360,000.00 51803 Gateway $480,000.00 51011 Consulting Study $100,000.00 51701 SR-29 Culvert Replacement $87,563.21 Projects Completed $57,436.79 Total Decrease $1,105,000.00 Proiects to increase: 51003 GPS $180,000.00 51004 Naples Park $75,000.00 51007 Swale Maintenance Livingston Woods $450,000.00 51725 Imm. 5th St. Ditch $200,000.00 60016 G.G. Pkwy @sunshine $200,000.00 Total Increase $1,105,000.00 County is not Managing the Project Grant Money Not Received this year Agenda Item No. April 13th, 2004 Page 5 of 5 EXECUTIVE SUMMARY Request the Board to accept donated trees from the Bonita Bay Group for landscaping on Livingston Road. OBJECTIVE: A request to the Board to allow staff to accept donated plant material for landscaping on Livingston Road. CONSIDERATION: The Bonita Bay Group leased a portion of the right-of-way for the Mediterra Sales Center and the onsite material was donated to Transportation for their use. The Landscape Section could not use the material and preferred that the Bonita Bay Group satisfy the condition of their lease by providing the County with containerized material that could be used when Livingston Road was landscaped. The Bonita Bay Group is donating 10 , 45 gallon containerized live oaks as a condition of a lease agreement with Collier County. The Bonita Bay Group will coordinate 'delivery to the jobsite once the project has been awarded. The County's qualified low bidder for Livingston Road will install the plant material. FISCAL IMPACT: There will be no impact on the Board's budget. GROWTH MANAGEMENT IMPACT: This request is consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the donated of 10- 45 gallon live oaks to be used for landscaping on Livingston Road. SUBMITTED BY: DATE: Pamela J. Lulich, RLA, Project Manager, Traffic Operations and Alternative Transportation Modes REVIEWED BY: DATE: Diane Flagg, Director, Traffic Operations and Alternative Transportation Modes APPROVED BY: Norman E. Feder, AICP, Administrator, Transportation Division Attachments: Attachment "A" Letter from Bonita Bay Group DATE: Agenda Item No. 16B4 April 13th, 2004 Page I of 3 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16B4 Request the Board to accept donated trees from the Bonita Bay Group for landscaping on Livingston Road. Request the Board to accept donated trees from the Bonita Bay Group for landscaping on Livingston Road. 4/13/2004 9:00:00 AM Prepared By Pamela J. Lulich Transportion Services Project Manager Traffic Operations/ATM Approved By Jeff Klatzkow County Manager's Office Assistant County Attorney County Attorney Office Date 313012004 4:53 PM Approved By Diane B. Flagg Transportion Services Traffic Operations and Alt Trans Modes Director Traffic Operations/ATM Date 313112004 5:27 PM Approved By Pamela J. Lulich Transportion Services Project Manager Traffic Operations/ATM Date 4/1/2004 8:tl AM Approved By Sharon Newman Transportion Services Accounting Supervisor Transportation Administration Date 4/1/2004 1:57 PM Approved By Norm E. Feder, AICP Transportion Services Transportation Division Administrator Transportation Services Admin. Date 4/1/2004 5:09 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/2/2004 1:33 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/2/2004 3:08 PM Agenda Item No. 16B4 April 13th, 2004 Page 2 of 3 The Bonita Bay Group- March 18, 2004 Ms. Para Lulich, RLA, ASLA Traffic Operations and Alternative Transportation Modes 2705 Horseshoe Drive South Naples, FL 34104 Re: Tree Commitment for Livingston Road Streetscape Project Dear Para: We have been unable to locate previous correspondence on this issue; therefore this letter will serve as our commitment to provide ten (10) 45-gallon Live Oak trees of a quality equal to those provided by Marion Gardens. The trees are to be paid for by The Bonita Bay Group and installed by the contractor selected by Collier County to install the proposed Livingston Road landscaping. This commitment is provided to satisfy the landscape plant material condition in the lease we had with Collier County for our former sales center that was located in the Livingston Road right-of-way. Please give us forty-five days notice as to when and where along the corridor you want these trees delivered. Our intention is for our landscape contactor, O'Donnell Landscapes, to coordinate the delivery of the trees with your contractor. We will pay O'Donnell directly. Please let me know if these arrangements are acceptable, and do not hesitate to contact me if you have any questions or need further information. Sincerely, Vince Barraco Senior Project Manager VB/Id Cc: Dennis Church Bonita Bay Properties Inc. 9990 Coconut Road · Suite goo ° Bonita Springs * FL Phone: (e.Sg) ~.95-io0o o Fax: ('2$9) 9.9o_-,267~ o \Veb: w,,'w.~Agend,a~temuMo.o~6B4 April 13th, 2004 Page 3 of 3 EXECUTIVE SUMMARY REQUEST THE BOARD APPROVE AN AGREEMENT WHICH GIVES DONATED PLANTS TO A HOMEOWNERS ASSOCIATION FOR USE AS BUFFERING AND BEAUTIFICATION ALONG VANDERBILT BEACH ROAD. OB,IECTIVE: To obtain Board approval of an Agreement with the Oakes Estates Advisory Board, in which the County agrees to donate to this Homeowners/~ssociation certain trees to be planted and maintained by the Association on Association property along Vanderbilt Beach Road, for use of buffering and beautification of the road, and to authorize the Chairman to execute the Agreement on behalf of the County. CONSIDERATION: The donated plants were previously obtained free of charge by the County through a gift by a local nursery. Staff believes that these donated plants may best be used by the County for buffering purposes along arterial roadways. This request concerns Vanderbilt Beach Road, which has seen the clearing of pines and native vegetation due to road construction. The Oakes Estates Advisory Board has requested the donation of plant material to buffer their property from the visual impact of future construction, noise, and to replace trees that will be remOved from the public right-of- way due to roadway construction. Pursuant to the attached Agreement, the Homeowners Association will plant and maintain, at their sole cost, the donated plants within their private property to buffer the neighborhood from Vanderbilt Beach Road. Having the plants being planted and maintained by the Homeowners Association, instead of planting in the public right-of- way, serves the public purpose of reducing maintenance costs to the County, and also generally serves to beautify the comnmnity. FISCAL IMPACT: There will be no impact on the Board' s budget. GROWTH MANAGEMENT IMPACT: This request for approval of the attached Resolution is consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approves the attached Agreement, and authorizes the Chairman to execute the Agreement on behalf of the County. PREPARED BY: DATE: Jeffrey A. Klatzkow, Assistant County Attorney SUBMITTED BY: DATE: Pamela J. Lulich, RLA, Project Manager, Traffic Operations and Alternative Transportation Modes Agenda Item No. 16B5 April 13th, 2004 Page 1 of 7 REVIEWED BY: DATE: Diane Flagg, Director, Traffic Operations and Alternative Transportation Modes APPROVED BY: Norman E. Feder, AICP, Administrator, Transportation Division DATE: Attachments: Attachment "A" Letter from Advisory Board Attachment "B" Landscape Plan Agenda Item No. 16B5 April 13th, 2004 Page 2 of 7 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16B5 Request the Board approve an agreement which gives donated plants to homeowners for use as road buffering and general beautification along Vanderbilt Beach Road. Request the Board approve an agreement which gives donated plants to homeowners for use as road buffering and general beautification along Vanderbilt Beach Road. 4/13/2004 9:00:00 AM Prepared By Jeff Klatzkow County Manager's Office Assistant County Attorney County Attorney Office Approved By Pamela J. Lulich Transportion Services Project Manager Traffic Operations/ATM Date 3129/2004 11:47 AM Approved By Jeff Klatzkow County Manager's Office Assistant County Attorney County Attorney Office Date 313012004 4:42 PM Approved By Diane B. Flagg Transportion Services Traffic Operations and Alt Trans Modes Director Traffic Operations/ATM Date 3/3012004 6:26 PM Approved By Sharon Newman Transportion Services Accounting Supervisor Transportation Administration Date 4/1/2004 1:17 PM Approved By Norm E. Feder, AICP Transportion Services Transportation Division Administrator Transportation Services Admin. Date 4/1/2004 5:07 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/5/2004 3:04 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 41512004 3:57 PM Agenda Item No. 16B5 April 13th, 2004 Page 3 of 7 TREE ACCEPTANCE AGREEMENT This Tree Acceptance Agreement is entered into this day of ,2004, by and between Collier County, Florida, a political subdivision of the State of Florida whose mailing address is 3301 Tamiami Trail East, Naples, FL 34112 (hereinafter referred to as the "County"), and the Oakes Estates Advisory, Inc., whose mailing address is_ (hereinafter referred to as the "Board"). 1. The County will give to the Board, free of charge, the trees identified in Exhibit "A". The trees are to be used for road buffering and general beautification of Vanderbilt Beach Road. The Board will distribute the trees to individual homeowners who will plant and maintain these trees at their sole expense. All homeowners who accept a tree must sign the acknowledgment below and agree to be bound by the terms and conditions of this Agreement. The trees are to be planted within the general area set forth in Exhibit "B." The Association shall be responsible for all delivery charges. 2. These trees are being donated in "As Is" condition. The County makes no warranties, express or implied, including without limitation, any implied warranty of merchantability or fitness for a particular purpose. Without limiting the foregoing, County makes no warranty or representation with respect to the health of the trees, or their suitability for the intended use as road buffering. Both the Board and all of the undersigned homeowners expressly release and discharge the County from any and all claims, present or future, arising from the trees. In Witness Whereof, the parties have caused these presents to be executed on the day and date first above written. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: Dwight E. Brock, Clerk Donna Fiala, Chairman WITNESSES: Oakes Estates Advisory, Inc. By: Printed Name: Printed Name: Title: Printed Name: Approved as to Legal Form and Sufficiency: Jeffrey A. Klatzkow Assistant County Attorney 1 of 2 Agenda Item No. 16B5 April 13th, 2004 Page 4 of 7 ACKNOWLEDGEMENT I have read this Tree Acceptance Agreement. I agree to be bound by all of the terms and conditions of this Agreement, and understand that the trees are being given to me free of cost, is "As Is" condition, with no warranty or representation being made to me by anyone. Print Name: Print Name: Print Name: Print Name: Print Name: Print Name: Print Name: Print Name: Print Name: Print Name: Print Name: Print Name: Print Name: Print Name: Print Name: Print Name: 2 of 2 Agenda Item No. 16B5 April 13th, 2004 Page 5 of 7 Oakes Estates Advisory "For the Betterment of our Community" March 14, 2004 Ms. Pamela Lulich, ASLA Landscape Operations Manager Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $9796.30 Fees are based on a construction estimate of $514,433.05 and were paid in April, 2003.. The breakdown is as follows: a) Plat Review Fee ($500.00 + $5./ac)-$ 570.00 b) c) d) Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 675.07 Drainage, Paving, Grading (.42% const, est.- $1,593.56 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $2,025.22 Drainage,Paving, Grading (1.3% const, est.) - $4,932.45 GROWTH MANAGEMENT IMPACT: The Certificate of Adequate Public Facilities will be issued prior to issuance of the approval letter for this project. ENVIRONMENTAL ISSUES: issues There are no outstanding environmental ~!STORICAL/ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Mustang Island II" for recording with the following stipulations: Approve the amount of $565,876.36 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Review Department. Approve the Agreement, and standard form Construction and Maintenance Agenda Item No. 16A2 April 13th, 2004 Page 2 of 5 EXECUTIVE SUMMARY Award work order no. UC-004 to Kyle Construction Inc., for the Immokalee Fifth Street ditch project (project no. 51725) in the amount of $371,856.59 and accept a temporary construction license. OBJECTIVE: To receive Board approval and award a work order for the Irnmokalee Fifth Street Ditch Project to Kyle Construction, Inc., in aCcordance with the Fixed Term Underground Utility Contracting Services Construction Contract (Bid No. 04-3535), and to accept a temporary construction license to allow for proper access to complete the first section of this stormwater improvement project. CONSIDERATIONS: The Fifth Street ditch is located in Immokalee and runs parallel to Fifth Street along the west side of the sixty-foot (60') wide road right-of-way. This ditch runs north to south with the northern limit located at Colorado Avenue and the southern limit located approximately 1,000 feet south of Doak Avenue, for a total length of approximately 3,400 feet. As part of a neighborhood safety and stormwater improvement project a 600-foot section of this ditch is scheduled to be enclosed with twin, 48-inch diameter, round concrete pipes. This 600-foot section is located adjacent to the Immokalee Apartments between Delaware and Eustis Avenues. Pitman-Hartenstein and Associates, Inc., a civil engineering design firm located in Fort Myers, Florida, completed the design and specifications for this project. All necessary permits have been obtained. A goal of completion within sixty (60) days has been established with the notice to proceed (NTP) issued within one (1) week of Board approval. Written quotes were received from three (3) approved contractors under the underground utility contract. The cfuotes received were: Bidder KYLE CONSTRUCTION~ ]NC HASKINS Mitchell & Stark Total Bid Amount $371,856.59 $386,028.00 $485,031.00 RSG Family Limited Partnership-Immokalee is the owner of the property bound on the north by Delaware Avenue, on the south by Eustis Avenue and on the east by 5th Street, where the concrete pipe will be installed within the current road right-of-way. The owner, Mr. Glas, has been most cooperative with the County and has offered to allow the contractors of this project to enter upon his land within a temporary twenty (20) foot easement for the purpose of installing the pipe from his property's side of the ditch, in lieu of the contractor needing to close down traffic lanes during construction. This will allow the vehicular and pedestrian traffic traveling along 5th Street to continue to move with much less interruption. Staff recommends that the Board of County Commissioners accept this Temporary Construction License. Agenda Item No. 16B6 April 13th, 2004 Page 1 of 10 Executive Summary Immokalee Fifth Street Ditch Project Page 2 of 2 FISCAL IMPACT: Funds are available within the Stormwater Management CIP Fund (301). The current budget for this project, project number 51725, is 371,856.59. A separate executive summary for a mid-year adjustment to the Stormwater Section's capital improvement project budget has been prepared for concurrent Board approval. Approval of the mid-year adjustment and budget amendment will reallocate sufficient funds into the Immokalee Fifth Street Ditch Project to complete construction. Miscellaneous recording fees should not exceed $50.00. Source of funds is Ad Valorem taxes. GROWTH MANAGEMENT IMPACT: Construction of these stormwater management facility improvements are in accordance with the goal and objectives of the Drainage Sub-element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: (1) Award Work Order No. UC-004 to Kyle Construction, Inc. in the bid amount of $371,856.59; (2) Direct the Board Chairman to execute work order number UC-004 with Kyle Construction, Inc. (3) Accept the Temporary Construction License and direct Staff to complete all tasks related to the implementation of this License being granted. SUBMITTED BY: Date: Gerald N. Kurtz, P.E., Senior Engineer Stormwater Management / Road Maintenance Department REVIEWED BY: John Vliet, Interim Director Road Maintenance Department Date: REVIEWED BY: Stephen Y. Carnell, Director Purchasing Department Date: APPROVED BY: Norman E. Feder, Administrator Transportation Division Date: Attachmentsi Work Order Temporary Construction License with Exhibit "A" Agenda Item No. 16B6 April 13th, 2004 Page 2 of 10 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16B6 Immokalee Fifth Street Award work order no. UC-004 to Kyle Construction Inc., for the Immokalee Fifth Street ditch project (project no. 51725) in the amount of $371,856.59 and accept a temporary construction license.' 4/13/2004 9:00:00 AM Prepared By Gerald Kurtz Transportion Services Senior Engineer Road Maintenance- Stormwater Approved By Steve Carnell Administrative Services Purchasing/General Svcs Director Purchasing Date 3/2412004 11:29 AM Approved By John Vliet Transportion Services Roads Maintenance Superintendant Road Maintenance Date 3/25/2004 1:36 PM Approved By Sharon Newman Transportion Services Accounting Supervisor Transportation Administration Date 3/2612004 8:11 AM Approved By Norm E. Feder, AICP Transportion Services Transportation Division Administrator Transportation Services Admin. Date 312912004 8:36 AM Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Office of Management & Budget Date 412/2004 2:41 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 412/2004 3:46 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 412/2004 5:38 PM Agenda Item No. 16B6 April 13th, 2004 Page 3 of 10 WORK ORDER # UC - 004 "UNDERGROUND UTILITY CONTRACTING SERVICES" Contract ~04-3535 This Work Order is for Underground Utility Contracting Services, subject to the terms and conditions of the Contract referenced above, for Work known as: PROJECT: Immokalee Fifth Street Ditch Project The work is specified in the proposal dated March 12~ 2004 from Kyle Construction Inc., which is attached hereto and made apart of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # UC - 004 is assigned to Kyle Construction, Inc. Scope: Contractor to supply labor and material. Schedule of Work: Complete within 60 days from the notice to proceed date. Liquidated Damages: ~334.55 per day. Compensation: The County will compensate the Firm in accordance with the amount provided in the attached schedule. TOTAL FEE ~ 371 ~856.59 (see attached for bid form breakdown) Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order as enumerated in Exhibit D of the Agreement. PREPARED BY: Gerald N. Kurtz, P.E., Senior Engineer Date Stormwater Management Section/Road Maintenance Department REVIEWED BY: John Vliet, Interim Director Road Maintenance Department Date APPROVED BY: Norman Feder, A.I.C.P., Administrator Transportation Services Date ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS Collier County, Florida By: Deputy Clerk By: Donna Fiala, Chairman Date ATTEST: (Corporate Secretary) By: (Print Name/Title) By: KYLE CONSTRUCTION, INC. Charles E. Abraham, Vice President Approved as to Form and Legal Sufficiency: Assistant County Attorney G:C :V~IL~ eXpress\Work~rad F2167.1~p.doc 3~24~2~4 Agenda Item No. 16B6 April 13th, 2004 Page 4 of 10 03/08/2004 12:38 F.4,I 13123729399 002 TEMPORARY CONSTRUCTION LICENSE This Temporary Conslruction License, is entered into this __ day of March, 2004, by thc RSG Family Limited Partnerahip - lmmoknlee, a Florida limited parLt~rship, whose addrc~ is P.O. Box 1550, Marco lshmd, Florida 34146, horoina/~er known as "Grantor" ~ Collier County, a political subdivision of the State of Florida, whose msillng address is 3301 Tamiami Trail Es.at, Naples, Florida 34112, herehaa~er known as "Grantee." Grauto~, for a~d in col~ideration often Dollars ($10.00) and other valuable con.eifleration to it in hand paid, docs hereby g~allt unto ~rantce the temporary license and right to enter t~pon a c¢~tain of real property owlled by Orantor as legally described in Exhibit A attached hereto and made a part hereof(the "Property"), upon the following terms and conditions: 1. This License is for the express purpose of allowing Grantee to enter upon the Property $o that C_rrantec will have sufficient access r~o an existing public casement neighboring the Property in order to construct certain public facilities on thc easement. 2. All right and privilege herein granted Shall tentmnate upon the first to occur of any of the following: a) August 31,2004; or b) Upon not less then thirty (30) day~ prior notic~ fi~om either party to the othe~, or c) Grantee transt'¢~, assigns, subficen$ca, leases or othen~,ise conveys or attempts to convey this License or any interest herein to another entity or persorL Upon request, C~antee shall c~ccute such documents as requested by C~antor to confirm thc termination of this Agreement. 3. Grmatcc represents that it ia authorized to eater imo this Agreement 4. If ha exercising any fights hereamder, Grantee disturbs or otherwise causes damage to the property, Ch'since shMl restore the Property to the same condition it was before damage oco.~rrcd, including repair to pavement, fencing or other improvements located on the Pzoperey. Agenda Item No. 16B6 April 13th, 2004 Page 5 of 10 03/08/2004 12:38 FA/ 13123?29399 ~Jt,)83 Gxantce shall clean up debris causcd by Grantee's activities at the Property and properly dispose of all construction materials. 5. Csr~mtee accepts full conuol ove~ the ~roperty and liability for any claims, proceedings, obliga6om, ~essmems, losses, costs, dam~e~ and expem~s, of any nature ~aatso~-er, to person or prope~, i~dlltlino~, x~.hout limitation, ~ttomcys' fees, court cost~ and a~oitration co,ts, whie~ are incurred, sustsinecl, suffered or ~gssed bec~ms~, or arising o~t o( or as a result of 0nmtee's acts or omissions in connection with or failure to comply with this Agreement. Upon request, Grantee shall display ovidea¢~ of insurance satisfactory to Grantor to co¥¢x the forgoing indemnity obligation,s. 6 Grantee ~ not bri~ a~y haz~dou~ materials onto thc Property and shall at all times comply with eaviromn~xrta] hrws affecting the Propc~ly. ?. Any notices desired Or required to be given pursuant thi; Agrcemc~at shall be deemed to have been given, made or s~nt when made by pexsonai service or depos~tc<l m the umted Stat~ first clas~ mini certiticd and posxage prepaid and properly addressed as follows: ffto Grantor: If to G~ntee: RSG Family Limited Pmtnershi~Immokalee P.O. Box 1550 Marco Island, FL 34146 Collier County 3301 Tmfiami Trail East Naples, FL 34112 The ~cldre~ to which any notie~ sbould be given, made or sent to either party may be changed writtcn notice give~ by ~uch party ns ~aove provided. g. ff ~t any time, any l~dc~ of Grantor alleges that this Agrccmcnt violate~ thc terms of amff mortgage or deed of~ust recozded against the Property or My part thcrcof, G-frazee agrees to make ~ach changes to this Agreement as ~ be necessary to satisfy ~uch lend,r, including terminating this Licen~ Wsuch lealde~ maintains that this Agreement violates its loan documents. 9. This Agreement is subject and subordinate to all presem and future liens of any mOrtgage~ or trust deeds now and here.~c[ in force agal.~l t~ Propexty and to all extensions, modifications, consolidations and replacements thereo£ Grantee shall at Grantor's request execute ~uch fulther instrumeu.ts or assurancca as Gram~r may deem necessary to filxthe~ evider~r~, confirm or effectuate such subordination ofth~s Agreement or, if requested by any mortgagee, t~ make Grantee's interest superior thereto. 10. All covenants, term¢, provisions and conditions herein contained shall inure and e~cteud to, and be obligatory upon, the mcc~sor% le. sse~ ~d assigns of thc r~spect~c parties hereto. Agenda Item No. 16B6 April 13th, 2004 Page 6 of 10 1 ]. ~ .~ree~ellt contains the entire understanding betwec~ thc pa~Oe~ hereto. Thcrc are no representation& agreements, emmgem~ts or understend~ oral or written, between the pmti~ h~o .ret~ting to ~e ~ub.j~ct matte~ of this Agreement wl~.c,h m'e not Fully expressed here~. 12. No B~ocLffication, waiver or amendnlc~ of the Agr~nmt or e. Dy ofi~ condition~ or provi~iona zhzll bc binding unlc~ the sam~ is in wr~ signed by the paxt]~ her~o 13. Lfany portion of this Agreement shall be, for any rm~on, dec. la~d invalid or un=nfo~ceable, the re~r~ning portion or por6ona shall nevertheless he valid, enforceable and carried into effect to th~ fullest c~tc~t permitted, ami ~he inv~did or unc]fforceable portion shall be reformed, if possible, so as to be valid and enforceable. This Agreement shall be governed by thc laws of thc State et'Florida. 15. The failure of either patty at any time to require performance of any provisions hereof' shall in no maua~ affecl thc right at a ]afar time to ~tforc. z thc santo. No waiver by either party hereto of the breach of any term or covenant c. ovtn~nod in tlx~ Agreement, whether by cond~c~ or otll~vw~e, in any on~ or mo~0 h2Ranee~, shall be docked to be or v, onst~ued a~ a further or contir~lag waiver of thc breach of any other team or covenant contained in this Agr¢cmenL 16. Time is of the o~sence of this Agree~nent 17. Grams shall not r~-,ord or cause any ot her person to record anything in the public records affecting the 'Property without obtaining Gran~or's prior written consent. IN WITNESS WHEREOF, the parties have executed this License as of~he dat~ set forth ~bove. GKANTOR: Witnesses: By: Its: C. nRANTEE: Wit~eases: Agenda Item No. 16B6 Apdl 'i3th, 2004 Page 7 of 10 03/08/2004 12:$$ FAX 1512372939~ ~oo$ Stale of County of The foregoing instrument was acknowledged before mc this __ day of 20O4, by , I[/mito:l P0rtucrship - immokalo~, a Horida 1Limt~l parmo'ship, on b~halfof ~aid limited partnerslfip. He is permnalty Imown to me or has produced as identification. Prim ot Stamp Name: Nota~' Public, State of Florida Commission No,: My Commission Expires: Sta~ of County of The for~goin8 instrument was aclmowledgc'd before me this __ day of 2003, by , the of Collier County, on behalf of said political subdivision. Hc is pe~onally lmown to mc orh~s producexl &s idemtifi~tiotz Print or Stamp Name: Notary Pubhc, Slate of Florida Commission No,: My Commission Expkes: Agenda Item No. 16B6 April 13th, 2004 Page 8 of 10 KYLE I ONSTRUCTii INC. 3636 PROSPECT AVE. NAPLES, FL 34!04 Ph:643-7059.Fax:643-4679 March 12, 2004 Bid Schedule Collier County Stormwater Immokalee Fifth Street Ditch Project * * NOTE* * This price is good if the P.O. is issued by April 1, 2004. The reason is that the rainy season starts June 1, 2004 and this project is on a major drainage canal for the Immokalee area. If easements can not be obtained in this time frame, Kyle Construction, Inc. will hold to these prices on this bid until the next dry, season, approximately November 2004. Sincerely, Charles E. Abraham Vice President Page 2 of 2 Agenda Item No. 16B6 April 13th, 2004 Page 9 of 10 Collier County Stormwater Immokalee Fifth Street Ditch Project DRAINAGE 2-A Water Service Tap EA 1 Zo,~,;, - J 2_~-.¢o. ' 2-B Water Service Pipe (2" Sch. 40 PVC) LF 350 ~'~- - 101-1 Mobilization LS 1 102-1 Maintenance of Traffic LS I .~.,%'(:r,_, - ~.,~-.,q~ - 104-10-1 iBaled Hay or Straw EA 60 /O - ~,o~ 104-12 ~Turbidity Barrier, Staked LF 90 104-13-1 Staked Silt Fence LF 650 110-1-1 Cleadncj and Grubbincj (0.7 acres) LS 1 110-4 Removal of Existin~l Pavement (Concrete) SY 55 ZO - ~ ! 00. - 120-1 ;Regular Excavation LS 1 120-6 i Embankment LS 1 160-4 !Typg. B Stabilization (12") SY 265 285-709 Optional Base Group 7 (8" Limerock) (Roadway) SY 2351 ~O '- ._ ~ ~'O~ - 331-2 Type S, Surface Course (150¢¢/SY) TN 17.3 400-1-15 Concrete, Class I, Miscellaneous CY 5 400-1-2 Endwall, Class I, Straight Cy 10.4 425-1-901-A DBI, Special, 4'x6' bottom. Type E Grate (<10') EA 4 425-1-901-B DBI, Special, 4'x15' bottom, Type E Grate (<10') EA I ~OOO. - 425-2-91 Manhole, Type J-8, Alt B (3.5'xi3') EA 1 430-171-125:B 18" CMP LF 11 430-171-129 24" RCP, Class III LF 9 ~' - ~-~.~', , 430-171-140 42" RCP, Class III LF 14 /~ 430-171-141 48" RCP, Class III LF 1334 '430-961-120 10" Corrugated Polyethylene Pipe, smooth wall w/fittings LF 175 430-982-129 24" M.E.S. EA 1 ~'oO. ~ ~'cc, 500(*) Miscellaneous Restoration LS 1 $5,000.00 $5,000.00 570-5 Fertilizer TN 0.2 570-9 Water For Grassing MG 19.5 ~,(~. 575-1-1 Sodding, Bahia SY 3150 ~-, ,~c, i ~,2~o - 583-4 , , Oak Trees EA 2 584-4 Palm Trees EA 2 700-46-2 Relocate Existing Street Sign EA 2 ~oo -- ~ -- 710 Pavement Striping LS 1 Z-~',.~,. (*) Pay item 500 i', a contingency Item for use only when directed by Collier County GRAND TOTAL $ ~ I .t~.56 . ~ Grand Total Written in Words: 2/16/2004 Agenda item No. 16B6 April 13th, 2004 Page 10 of 10 P:'t20214 202~Admin",Spe~;ificallor, s~id .~;hedule EXECUTIVE SUMMARY Award bid #04-3622, Rattlesnake Hammock Road (CR 864) landscape construction improvement project (US 41 to East Polly Avenue) landscape improvement project to Hannula Landscaping, Inc. in the amount of $489,897.76. OBJECTIVE: To accomplish median landscape improvements to "Rattlesnake Hammock Road (CR 864) fromUS 41 Tamiami Trail East to Polly Avenue in conjunction with the Collier County Landscape Beautification Master Plan. CONSIDERATION: 1. On February 4, 2004, the Purchasing Department sent notices to 41 vendors for the landscaping and irrigation installation of Bid/fl}4-3622, "Rattlesnake Hammock Road (CR 864) Landscape Improvement Project (US 41 Tamiami Trail East to Polly Avenue) On February 19, 2004 at 10am, a mandatory pre-bid meeting was held. On March 10, 2004 at 2:30 p.m.bids were opened. Staff reviewed the unit pricing on the bid tabulation, and Hannula Landscaping, Inc. submitted the lowest bid. Staff recommends award of this bid to Hannula Landscaping, Inc. as the lowest, qualified, and responsive bidder. StaWs recommends awarding the contract to Hannula Landscaping, Inc. with a base bid amount of $4'!.4,948.88. Staff is requesting a 10% contingency for the project in the amount of $44,948.88. Staff will return to the Board for approval of requested increases in the contract amount exceeding the base bid plus contingency. FISCAL IMPACT: Total funds needed are $510,024.95 and are available in the MSTD General Fund; however, budget amendments are needed to transfer funds into the project. Funds totaling $445,489.36 are available in the Land,ape MSTD General Fund. With the base bid amount and 10% contingency, the total amount needed to award this bid to Hannula Landscaping, Inc. is $489,897.76. County costs for the Motorola Central Control Infgation components ($12,930.39), surge protection ($394.80), effluent meter tapping fees ($1,702), right-of-way permitting ($600.00), and Florida Power & Light electrical connections ($4,500.00) total $20,127.19. Budget amendments from previously budgeted maintenance totaling $64,535.59 are required to complete the beautification project. Budget amendments are needed to transfer previously budgeted funds for irrigation from the Rattlesnake Road Irrigation project in the mnount of $13,100, funds from Rattlesnake Road Landscape in the amount $8,765, and Davis Blvd. Phase II maintenance in the amount of $42,670.59. The previously programmed funding for Davis Blvd. Phase II are available due to competitive maintenance bids being less than budgeted projections. All funding for the budget amendments are coming from the Landscape MSTD General Fund (112) and the source for funds are ad valorem taxes. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board award Bid gO4-3622, "Raulesnake Hammock Road (CR 864) Landscape Improvement Project (US 41 Tamiami Trail East to Polly Avenue) to Hannula Landscaping, Inc., approve all budget mnendments, and authorize the Chairman to execute the standard contract after review by the County Attorney's Office. Agenda Item No. 16B7 April 13th, 2004 Page 1 of 17 Executive Summary Fund 112 Budget Amendment for Landscape Beautification Page 2 of 2 PREPARED BY: Date: Pamela J. Lulich, PLA, Project Manager, Traffic Operations and Alternative Transportation Modes APPROVED BY: Stephen Y. Camell, Purchasing Director Date: APPROVED BY: Date: Diane Flagg, Director, Traffic Operations and Alternative Transportation Modes APPROVED BY: Date: Norman E. Feder, AICP, Transportation Administrator Attachment: Bid Tabulation Budget Amendments Proposals for County Irrigation Installation Agenda Item No. 16B7 April 13th, 2004 Page 2 of 17 Item Number Item Title Item Summary Meeting Date 'COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16B7 Award bid #04-3622, Rattlesnake Hammock Road (CF{ 864) landscape construction improvement project (US 41 to East Polly Avenue) landscape improvement project to Hannula Landscaping, Inc. in the amount of $489,897.76. Award bid #04-3622, Rattlesnake Hammock Road (CR 864) landscape construction improvement project (US 41 to East Polly Avenue) landscape improvement project to Hannula Landscaping, Inc. in the amount of $489,897.76. 4/13/2004 9:00:00 AM Prepared By Pamela J. Lulich Transportion Services Project Manager Tr~fic Operations/ATM Approved By Steve Carnell Administrative Services Purchasing/General Svcs Director Purchasing Date 3/3112004 4:24 PM Approved By Diane B. Flagg Transportion Services Traffic Operations and Alt Trans Modes Director Traffic Operations/ATM Date 411/2004 5:07 PM Approved By Sharon Newman Transportion Services Accounting Supervisor Transportation Administration Date 4/1/2004 2:51 PM Approved By Pamela J. Lulich Transportion Services Project Manager Traffic Operations/ATM Date 4/1/2004 8:11 AM Approved By Norm E. Feder, AICP Transportion Services Transportation Division Administrator Transportation Services Admin. Date 4/2J2004 1:42 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/5/2004 11:12 AM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/5/2004 12:27 PM Agenda Item No. 16B7 April 13th, 2004 Page 3 of 17 E or-- E___.~ coO c z~ EC~ < E'-~ EXECUTIVE SUMMARY THAT THE BOARD ISSUE A RESOLUTION APPROVING, AND AUTHORIZING THE CHAIRMAN TO SIGN, A HIGHWAY LANDSCAPING INSTALLATION AND MAINTENANCE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE NEW 1-75/GOLDEN GATE PARKWAY INTERCHANGE. OBJECTIVE: That the Board issue a Resolution approving, and authorizing the chairman to sign, a Highway Landscaping Installation and Maintenance Highway Agreement with FDOT for the landscape development improvements for the new 1-75/Golden Gate Parkway Interchange from mile post 53.341 to ~nile post 54.691. CONSIDERATION: The Florida Department of Transportation (FDOT) funded the landscape and irrigation improvement along the new 1-75/Golden Gate Parkway Interchange. The scope of the irrigation and landscaping portion includes approximately 1.35-centerline miles along Golden Gate Parkway. FDOT will install the improvements with input from the Transportation staff and the 1-75 Ad Hoc Committee. Collier County is required to enter into agreements for the maintenance of landscaping improvements within FDOT rights-of-way, which agreements must be authorized by a Resolution from the Board of County Commissioners. The attached Agreement and proposed Resolution fulfills FDOT and State requirements and ensures that the landscaping and irrigation will be maintained by Collier County in the future. The FDOT Project will begin in the 3~a Quarter 2004 and be completed in 3Ia Quarter 2006. Collier County will assmne the maintenance in the 3~a Quarter 2007 or after FDOT warranty maintenance period is completed. FISCAL IMPACT: The 1-75/Golden Gate Interchange landscaping and irrigation project is funded through FDOT. The maintenance will be funded through the MSTD General Fund (111) in fiscal year 2007/2008. The fiscal impact associated with future landscaping and irrigation maintenance is projected to be $115,208 annually. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board issue a Resolution approving, and authorizing the chairman to sign, a Highway Landscaping Installation and Maintenance Highway Agreement with FDOT for the landscape development improvements for the new 1-75/Golden Gate Parkway Interchange, and authorize staff to provide any documentation necessary to carry out the Board's direction. PREPARED BY: Date: Pamela J. Lulich, RLA, Project Manager, Traffic Operations and Alternative Transportation Modes REVIEWED BY: Date: Diane Flagg, Director Traffic Operations and Alternative Transportation Modes APPROVED BY: Date: Agenda Item No. 16B8 April 13th, 2004 Page I of 8 Executive Summary Page 2 of 2 Norman E. Feder, AICP, Transportation Adnfinistrator Agenda Item No. 16B8 April 13th, 2004 Page 2 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Title Item Summary Meeting Date 16B8 Approve the Chairman to enter into a landscaping installation and maintenance highway agreement with the Florida Department of Transportation (FDOT) within the unincorporated area of Collier County, Florida for SR 93/175 at Golden Gate. Approve the Chairman to enter into a landscaping installation and maintenance highway agreement with the Florida Depadment of Transpodation (FDOT) within the unincorporated area of Collier County, Florida for SR 93/175 at Golden Gate. 4/13~2004 9:00:00 AM Approved By Jeff Klatzkow County Manager's Office Assistant County Attorney County Attorney Office Date 313012004 4:40 PM Approved By Diane B. Flagg Transportion Services Traffic Operations and Alt Trans Modes Dir. ector Traffic Operations/ATM Date 41112004 5:08 PM Approved By Sharon Newman Transportion Services Accounting Supervisor Transportation Administration Date 4/112004 1:50 PM Approved By Pamela J. Lulich Transportion Services Project Manager Traffic Operations/ATM Date 4/1/2004 8:10 AM Approved By Norm E. Feder, AICP Transportion Services Transportation Division Administrator Transportation Services Admin. Date 4/2/2004 2:44 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/5/2004 10:56 AM Approved By James V. Mudd Board of County Commissioners County Manager County Manager°s Office Date 4/5/2004 12:03 PM Agenda Item No. 16B8 April 13th, 2004 Page 3 of 8 RESOLUTION NO. 2004- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING AND AUTHORIZING THE CHAIRMAN TO SIGN A HIGHWAY LANDSCAPING INSTALLATION AND MAINTENANCE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE NEW 1-75/GOLDEN GATE PARKWAY INTERCHANGE. WHEREAS, the State of Florida Department of Transportation (FDOT) is willing to enter into a Highway Landscaping Installation and Maintenance Agreement ("Agreement") with Collier County, wherein FDOT will fund significant landscape improvements at the new I75/Golden Gate Parkway Interchange, providing that the County maintain such landscaping in the future; and WHEREAS, the Collier County Board of County Commissioners finds that it is in the public interest to move forward with this project, as defined in the Agreement, and that this Agreement is in the best interests of the citizens of Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners approves the Agreement; authorizes its Chairman, Donna Fiala, to execute the Agreement; and directs that the Collier County Clerk forward a certified copy of this Resolution to the FDOT along with the executed Agreement. This Resolution adopted after motion, second and majority vote favoring same, this day of ,2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Deputy Clerk By: DONNA FIALA, Chairman Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney Agenda Item No. 16B8 April 13th, 2004 Page 4 of 8 Florida Department of Transportation JEB BUSH GOVERNOR TRANSMITTAL JOSE ABREU SECRETARY Date: September 24, 2003 To: Copy: From: Subject: ?'Para .Lulic. h, ASLA Landscape Operations Manager Transportation Operations Department 2705 Horseshoe Drive South Naples, FL 34104 Nicole Mills, Senior Project Manager, MS 1-29 Bryan Dennis, District Landscape Manager Landscape Maintenance Agreement SR 93/1-75 at Golden Gate Section: 03175 MP 53.341 - 54.691 Collier County Dear Para, Attached are the (4) MOA Agreements that will need to be executed by Collier County prior to the Department's final letting date for the above-mentioned project. Therefore, the County is requested to execute and retum the agreements to me at your earliest convenience to the address listed below. Please feel free to contact me at (704) 522-7275 or e-mail: bjdennis~.~bsj.com if you have questions. Enclosure G-Jplanning/FDOT/eorr/l-75-goldengate moacvrg-23-03.doc District One 801 North Broadway Avenue* Post Office Box 1249' Bartow, FL 33831-1249 (863) S19-2300 Agenda Item No. 16B8 April 13th, 2004 Page 5 of 8 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION HIGHWAY LANDSCAPING INSTAI.LATION AND MAINTENANCE AGREEMENT TInS AGREEMENT, made and entered into this day of ,20 __, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT", and "COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS", hereinafter referred to as the "AGENCY". WITNESSETH WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Road 93/1-75 as part of the State Highway System; and WHEREAS, the AGENCY seeks to install and maintain certain landscape development improvements within the unpaved areas within the right-of-way of State Road 93/1-75; Section 031750 fi:om Mile Post 53.341 to Mile Post 54.691, hereinafter referred to as the "PROJECT"; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the AGENCY by Resolution dated attached hereto and made a part hereof, has authorized its Agreement on behalf of the AGENCY; , a copy of which is to enter into this NOW, THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The AGENCY hereby assures the DEPARTMENT, that prior to submitting this Agreement, it has: (a) Ascertained the location of all existing utilities, both aerial and underground. A letter of notification and plan of the landscape development improvements was mailed on N/A, to the following utilities/municipalities: Co) Complied with all permit requirements from the appropriate agencies (county, municipality, etc.) in connection with the activities described hereunder. Outdoor advertising is specifically excluded from this Agreement in accordance with Section 479.11, Florida Statutes. Agenda Item No. 16B8 April 13th, 2004 Page 6 of 8 2. The AGENCY hereby agrees to install the landscape improvements in accordance with the Landscape Development Plan included as Exhibit ."A", attached hereto and by this reference made a part hereof. Such installation shall be in conformance with Rule 14-40, Florida Administrative Code, and the Highway Landscape Beautification and Plan Review Procedure (Topic 650-050-001-c), as they may be amended from time to time. 3. The AGENCY agrees to maintain the landscape improvements in accordance with the Technical Maintenance Plan included as Exhibit "B", attached hereto and by this reference made a part hereof. 4. Designated personnel as directed by the District Secretary or his designee may inspect and evaluate this project and issue a written report if a deficiency or unsatisfactory condition is noted. If deficiencies and/or unsatisfactory conditions are not corrected within thirty (30) days, the District Secretary or his designee shall have the option to do one of two things: (a) Correct and maintain the landscape improvements with DEPARTMENT's contractor or DEPARTMENT's personnel and charge the AGENCY for the reasonable value of said work. (b) Remove by DEPARTMENT's contractor or DEPARTMENT's personnel all landscape improvements, return the fight-of-way to its original condition and charge the AGENCY the reasonable value for such work. 5. To the extent permitted by Section 768.28, Florida Statutes, the AGENCY shall indemnify, defend, save and hold harmless, the DEPARTMENT and all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to breach of this Agreement by the AGENCY, its officers, agents, or employees or due to any negligent act or occurrence of omission or commission of the AGENCY, its officers, agents, or employees. Neither the AGENCY, nor any of its officers, agents, or employees will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the negligence of the DEPARTMENT or any of its officers, agents or' employees. 6. The AGENCY covenants to keep in force during the period of this Agreement public liability insurance, property damage insurance and worker's compensation insurance through an insurance policy(ies) or the AGENCY's self insurance program. 7. This Agreement shall remain in effect until such time the AGENCY or DEPARTMENT wishes to cancel said agreement and this shall be done in writing giving the AGENCY or DEPARTMENT thirty (30) days notice. All landscape improvements shall be removed by the AGENCY and the DEPARTMENT's right-of-way returned to its original condition. If, after thirty (30) days, the landscape improvements have not been removed, the DEPARTMENT may, at its option, proceed as follows: (a) Maintain the landscape improvements within the limits of said project with Agenda Item No. 16B8 April 13th, 2004 Page 7 of 8 (b) DEPARTMENT's contractor or personnel and charge the AGENCY for the reasonable value of said work; OR Remove by DEPARTMENT's contractor or personnel all of the landscape improvements, return the fight-of-way to its original condition, and charge the AGENCY for the reasonable value of such work. 8. The term of this Agreement commences upon execution by both parties. 9. This writing embodies the entire Agreement and understanding between the parties hereto and there are no other agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 10. This Agreement may not be assigned or transferred by the AGENCY in whole or part without-the consent of the DEPARTMENT. 11. This Agreement sh/dl be governed by and construed in accordance with the laws of the state of Florida. In the event of a conflict between any portion of the Agreement and Florida law, the laws of Florida shall prevail. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: BY: TITLE: District Secretary ATTEST: .(SEAL) TITLE: ATTEST: Executive Secretary Legal Review: G :/PLANNING/FDOT/DI S -ON'E/MOA/I -? 5 ~Golden gateg-22-03.doc District Legal Counsel 3 Agenda Item No. 16B8 April 13th, 2004 Page 8 of 8 EXECUTIVE SUMMARY That the Board issue a Resolution approving and authorizing the Chairman to sign a highway landscaping installation and maintenance agreement with the Florida Department of Transportation (FDOT) for landscape development improvements for a portion of the I- 75fPine Ridge Road Interchange. OBJECTIVE: That the Board issue a Resolution approving, and authorizing the Chairman to sign, a Highway Landscaping Installation and Maintenance Agreement with FDOT for the landscape development improvements within the unpaved areas within the fight-of-way of I- 75/Pine Ridge Road Interchange. CONSIDERATION: The landscape and maintenance agreement is required to install landscaping and maintenance work within FDOT property on Pine Ridge Road. The Pine Ridge Road landscape installation is programmed for FY (14 and this agreement is required prior to installation. The scope of the irrigation and landscaping portion includes unpaved areas within the right-of- way of State Road 93/1-75 at CR 896; Section(s) 03175009, 03175011, 03175013 and 03175015 at Mile Post 55.940, 55.948,56.28 and 56.619.Following written approval of the Landscape Development Plan by FDOT, Collier County would install the landscape development improvements in accordance with FDOT standards (Rule 14-40, Florida Administrative Code), and the Highway Landscape Beautification and Plan Review Procedure (Topic 650-050-001-c). Collier County would maintain the landscape development improvements in accordance with the Technical Maintenance Plan to be approved by FDOT. FISCAL IMPACT: The Pine Ridge Road landscape installation is programmed for FY 04 in the MSTD General Fund Budget in the amount of $660,636.92 and is being brought to the Board under a separate Executive Summary. Landscape maintenance will be budgeted in the amount of $196,279.88 in the FY 05 MSTD General Fund Landscape Fund 112. Construction of the I75/Pine Ridge Road Interchange will also be budgeted in the MSTD General Fund Landscape Fund 112 in FY 05 in the amount of $529,868. ~;ROWTH MANAGElVlENT IMPACT: None. RECOMMENDATION: That the Board issue a Resolution approving, and authorizing the Chairman to sign, a Highway Landscaping Installation and Maintenance Agreement with the Florida Department of Transportation (FDOT); and authorize staff to provide any documentation necessary to carry out the Board's direction. PREPARED BY: Date: Pamela J. Lulich, RLA, Project Manager, Traffic Operations and Alternative Transportation Modes REVIEWED BY: Date: Diane Flagg, Director~ Traffic Operations and Alternative Transportation Modes APPROVED BY: Date: Agenda Item No. 16B9 April 13th, 2004 Page I of 9 Norman E. Feder, AICP, Transportation Administrator Attachment: FDOT HIGHWAY LANDSCAPING INSTALLATION AND MAINTENANCE AGREE~ Agenda Item No. 16B9 April 13th, 2004 Page 2 of 9 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16B9 That the Board issue a Resolution approving and authorizing the Chairman to sign a highway landscaping installation and maintenance agreement with the FDOT for landscape development improvement for a portion of the 1-75/Pine Road Interchange. That the Board issue a Resolution approving and authorizing the Chairman to sign a highway landscaping installation and maintenance agreement with the Florida Department of Transportation(FDOT) for landscape development improvement for a portion of the 1-75/Pine Road Interchange. 4/13/2004 9:00:00 AM Prepared By Pamela J. Lulich Transportion Services Project Manager Traffic Operations/ATM Approved By Diane B. Flagg Transportion Services Traffic Operations and Alt Trans Modes Director Traffic Operations/ATM Date 3/3112004 5:41 PM Approved By Jeff Klatzkow County Manager's Office Assistant County Attorney County Attorney Office Date 3t3112004 8:32 AM Approved By Pamela J. Lulich Transportion Services Project Manager Traffic Operations/ATM Date 4/112004 8:14 AM Approved By Sharon Newman Transportion Services Accounting Supervisor Transportation Administration Date 4/2/2004 9:21 AM Approved By Norm E. Fader, AICP Transportion Services Transportation Division Administrator Transportation Services Admin. Date 4/2/2004 2:52 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/612004 1:48 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/6/2004 3:30 PM Agenda Item No. 16B9 April 13th, 2004 Page 3 of 9 RESOLUTION NO. 2004- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING AND AUTHORIZING THE CHAIRMAN TO SIGN A HIGHWAY LANDSCAPING INSTALLATION AND MAINTENANCE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), FOR A PORTION OF THE 1-75/PINE RIDGE ROAD INTERCHANGE. WHEREAS, the State of Florida Department of Transportation (FDOT) is willing to enter into a Highway Landscaping Installation and Maintenance Agreement ("Agreement") with Collier County, wherein FDOT will permit Collier County, at its sole cost and expense, to install and maintain landscaping within a portion of the 1-75 right-of-way at the Pine Ridge Road Interchange; and WHEREAS, the Collier County Board of County Commissioners finds that it is in the public interest to move forward with this project, as defined in the Agreement, and that this Agreement is in the best interests of the citizens of Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNrI~ COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners approves the Agreement; authorizes its Chairman, Donna Fiala, to execute the Agreement; and directs that the Collier County Clerk forward a certified copy of this Resolution to the FDOT along with the executed Agreement. This Resolution adopted after motion, second and majority vote favoring same, this __ day of ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Deputy Clerk By: DONNA FIALA, Chairman Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney Agenda Item No. 16B9 April 13th, 2004 Page 4 of 9 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION HIGHWAY LANDSCAPING INSTALLATION AND MAINTENANCE AGREEMENT AND MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this ~ day of ,20 __, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT", and "COLLIER COUNTY", hereinafter referred to as the "AGENCY". WITNESSETH WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Road 93/1-75 as part of the State Highway System; and WHEREAS, the AGENCY seeks to install and maintain certain landscape development improvements within the unpaved areas within the right-of-way of State Road 93! 1-75 at CR 896; Section(s) 03175009, 03175011, 03175013 and 03175015 at Mile Post 55.940, 55.948,56.28 and 56.619, hereinafter referred to as the "PROJECT"; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the AGENCY by Resolution dated is attached hereto and made a part hereof, has authorized its Agreement on behalf of the AGENCY; , a copy of which to enter into this NOW, THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The AGENCY hereby assures the DEPARTMENT, that prior to submitting this Agreement, it has: Ascertained the location of all existing utilities, both aerial and underground. A letter of notification and plan of the landscape development improvements was mailed on , to the following utilities/municipalities: (a) (b) Complied with all permit requirements from the appropriate agencies (county, municipality, etc.) in connection with the activities described hereunder. Agenda Item No. 16B9 April 13th, 2004 Page 5 of 9 Outdoor advertising is specifically excluded from this Agreement in accordance with Section 479.11, Florida Statutes. 2. The AGENCY hereby agrees to install the landscape improvements in accordance with the Landscape Development Plan included as Exhibit "A", attached hereto and by this reference made a part hereof. Such installation shall be in conformance with Rule 14-40, Florida Administrative Code, and the Highway Landscape Beautification and Plan Review Procedure (Topic 650-050-001-c), as they may be amended from time to time. 3. The AGENCY agrees to maintain the landscape improvements in accordance with the Technical Maintenance Plan included as Exhibit "B", attached hereto and by this reference made a part hereof. 4. Designated personnel as directed by the District Secretary or his designee may inspect and evaluate this project and issue a written report if a deficiency or unsatisfactory condition is noted. If deficiencies and/or unsatisfactory conditions are not corrected within thirty (30) days, the District Secretary or his designee shall have the option to do one of two things: (a) (b) Correct and maintain the landscape improvements with DEPARTMENT's contractor or DEPARTMENT's personnel and charge the AGENCY for the reasonable value of said work. Remove by DEPARTMENT's contractor or DEPARTMENT's personnel all landscape improvements, return the right-of-way to its original condition and charge the AGENCY the reasonable value for such work. 5. To the extent permitted by Section 768.28, Florida Statutes, the AGENCY shall indemnify, defend, save and hold harmless, the DEPARTMENT and all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to breach of this Agreement by the AGENCY, its officers, agents, or employees or due to any negligent act or occurrence of omission or commission of the AGENCY, its officers, agents, or employees. Neither the AGENCY, nor any of its officers, agents, or employees will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the negligence of the DEPARTMENT or any of its officers, agents or employees. 6. The AGENCY covenants to keep in force during the period of this Agreement public liability insurance, property damage insurance and worker's compensation insurance through an insurance policy(ies) or the AGENCY's self insurance program. 7. This Agreement shall remain in effect until such time the AGENCY or DEPARTMENT wishes to cancel said agreement and this shall be done in writing giving the AGENCY or DEPARTMENT thirty (30)'days notice. All landscape improvements shall be removed by the AGENCY and the DEPARTMENT's right-of-way returned to its original condition. If, after thirty (30) days, the landscape improvements have not been removed, the Agenda Item No. 16B9 April 13th, 2004 Page 6 of 9 DEPARTMENT may, at its option, proceed as follows: (a) (b) Maintain the landscape improvements within the limits of said project with DEPARTMENT's contractor or personnel and charge the AGENCY for the reasonable value of said work; OR Remove by DEPARTMENT's contractor or personnel all of the landscape improvements, return the right-of-way to its original condition, and charge the AGENCY for the reasonable value of such work. 8. The term of this Agreement commences upon execution by both parties. 9. This writing embodies the entire Agreement and understanding between the parties hereto and there are no other agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 10. This Agreement may not be assigned or transferred by the AGENCY in whole or part without the consent of the DEPARTMENT. 11. This Agreement shall be governed by and construed in accordance with the laws of the state of Florida, In the event of a conflict between any portion of the Agreement and Florida law, the laws of Florida shall prevail. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year fn-st above written. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: BY: TITLE: District Secretary ATTEST: (SEAL) ATYEST: TITLE: Executive Secretary Legal Review: District Legal Counsel Collier-CR 896- 3 -22-04. doc Agenda Item No. 16B9 April 13th, 2004 Page 7 of 9 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PERMIT FOR LANDSCAPING ON STATE ROAD RIGHT OF WAY (NON-LIMITED ACCESS ROADWAY ONLY) 850-060-03 MAINTENANCE 02/02 Page 1 of 2 THIS SECTION TO BE COMPLETED BY PERMITTEE Permittee: Name Address Date Pa. Lulich Telephone No. Transpodalion Operation Department 2705 Horseshoe Drive South City Naples State Florida Location of proposed portion of right of way to be landscaped: State Road No. 93/1-75 @ CR 896 County Collier Address CR 896 (Pine Ridge Road) @ SR 93/1-75 Street Name (239) 774-8494 Zip Code 34104 Pine Ride Road Section 031750 Sub-Section 09, 11, 13 & 15 Milepost 55.940.55.948, 56.619 & 56.628 IS proposed site to be landscaped within corporate limits of municipality? (~) Yes O NO If yes, name the municipality Permittee declares that prior to filing this application for permit, he/she has ascertained the location of all existing utilities, both aedal and underground, and the accurate locations are shown on the landscape plans. A letter of notification was mailed on to the following utilities/municipalities: Landscaped areas will not be permitted on state road limited access facilities. It is expressly stipulated that this permit is a license for permissive use only and that the construction within and/or upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. This permit does not relieve the permittee of local or other jurisdictional requirements. The project shall meet the requirements of Rule 14-40.003, Florida Administrative Code. The Permittee shall construct and maintain according to the attached landscape plans, maintenance plans and maintenance of traffic plans. The Permittee shall be responsible for all maintenance of the landscaped area, as described in this permit, for the duration of time the landscaped area exists on Department right of way. The maintenance shall be performed in accordance with Department procedures under the direction of the Area Maintenance Engineer or designee. Whenever it is determined by the Department that it is necessary for the construction, repair, improvement, maintenance, safe and/or efficient operation, alteration or relocation of any portion or all of said highway and/or public transportation facility; any and all landscaping installed by the Permittee shall be immediately removed from said highway or reset or relocated thereon as required by the Department, all at the expense of the Permittee. All material and equipment shall be subject to inspection by the Maintenance Engineer or his/her authorized .representative. During construction of landscape project, all safety regulations of the Department shall be observed and the holder must take measures, including placing and displaying of safety devices, that may be necessary in order to safely conduct the public through the project area in accordance with the Department's current edition of Roadway and Traffic Design Standards, Index Sedes 600, the Manual of Uniform Traffic Control Devices, and the Standard Specifications for Road and Bridge Construction, section 5-8.4. A~j '" ;4 l:;tllUd Itt:~lll U. IUD;:~ April 13th, 2004 Page 8 of 9 850-060-03 MAINTENANCE 02J02 Page 2 of 11. 12. 13. 14. PERMITTEE CON ~ 'D The Permittee shall notify the appropriate Area Maintenance Engineer or designee 48 hours pdor to starting work and again immediately upon completion of work. In case of non-compliance with the Department's requirements in effect as of the approved date of this permit, this permit is void and the work will have to be brought into compliance or removed from the right of way at no cost to the Department. Any false information supplied on this form renders this permit null and void. The Permittee, shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, actions, neglect, or omission by the Permittee, its agents, employees, or subcontractors during the performance of the landscape project as approved by this permit, whether direct or indirect, and whether to any person or property to which the Department or said parties may be subject, except that neither the Permittee nor any of its subcontractors will be liable under this Article for damages adsing out of the injury or damage to persons or property directly caused or resulting from the negligence of the Department or any of its officers, agents or employees. I, the undersigned, do hereby agree to comply with all requirements established by this permit and Rule Chapter 14-40, Flodda Administrative Code. Submitted By: (SIGNATURE OF PERMITTEE) (NAME TYPED OR PRINTED) THIS SECTION TO BE COMPLETED BY DEPARTMENT PERSONNEL The above landscape project is: O Approved O Not Approved if not approved, the reason is: The Permittee shall comme~ce work within completed by Special conditions/instructions by the Department: days of permit approval date and shall be A copy of Rule 14-40, F.A.C., is attached hereto and made a part of this permit. (SIGNATURE OF AUTHORIZED DEPARTMENT OFFICIAL) Bryan J. Dennis (TYPED OR PRINTED NAME) District Landscape Manager (TYPED OR PRINTED TITLE) Date Issued: Permit No.: Agenda Item No. 16B9 April 13th, 2004 Page 9 of 9 EXECUTIVE SUMMARY That the Board issue a Resolution approving and authorizing the Chairman to sign a highway landscaping installation and maintenance agreement with the Florida Department of Transportation (FDOT), for landscape development improvements within the. unpaved areas within the right-of-way of US4! East from Rattlesnake Hammock Road to St. Andrews Boulevard. OBJECTIVE: That the Board issue a Resolution approving, and authorizing the Chairman to sign, a Highway Landscaping Installation and Maintenance Agreement with FDOT for the landscape development improvements within the unpaved areas within the right-of-way of US 41 East from Rattlesnake Hammock Road to St. Andrews Boulevard. CONSIDERATION: The scope of the irrigation and landscaping portion includes approximately 1-centerline mile along US 41 East (from Rattlesnake Hammock Road to St. Andrews Blvd.). Following written approval of the Landscape Development Plan by FDOT, Collier County would install the landscape development improvements in accordance with FDOT standards (Rule 14-40, Florida Administrative Code), and the Highway Landscape Beautification and Plan Review Procedure (Topic 650-050-001-c). Collier County would maintain the landscape development improvements in accordance with the Technical Maintenance Plan to be approved by FDOT. FDOT funded $263,469.00 for landscaping on US41 East (Barefoot Williams - 951) for the current year. Since the segment is not contiguous with currently landscaped segments on US41E or consistent with the Landscape Beautification Master Plan, the project limits of one mile were modified to meet the Mater Plan. US 41 East (Barefoot Williams- 951) are scheduled for landscaping in FY07. FISCAL IMPACT: FDOT has budgeted reimbursable funding for landscape and irrigation installation in the amount of $263,469.00, which can be used for design, installation, and contingency. US 41 East (from Rattlesnake Hammock Road to St. Andrews Blvd.) are. programmed in FY-05 as part of the Landscape Beautification Master Plan. FDOT funding of $263,469.00 will be reimbursed to the Landscape MSTD General Fund (112) in FY05. Collier County has budgeted $309,242 in FY05 for one mile of capital improvements for US 41 E (Rattlesnake Hammock to St. Andrews Blvd.). After FDOT reimbursements, Collier County's costs will be $45,773.00. This will be funded by ad valorem taxes. The fiscal impact associated with future landscaping and irrigation maintenance is $85,339.08 annually budgeted in the Landscape MSTD General Fund (112)/FY06. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board issue a Resolution approving, and authorizing the Chairman to sign, a Highway Landscaping Installation and Maintenance Agreement with the Florida Department of Transportation (FDOT); and authorize staff to provide any documentation necessary to carry out the Board's direction. Agenda Item No. 16B10 April 13th, 2004 Page I of 8 PREPARED BY: Date: Pamela J. Lulich, RLA, Project Manager, Traffic Operations and Alternative TranSportation Modes REVIEWED BY: Date: Diane Flagg, Director Traffic Operations and Alternative Transportation Modes APPROVED BY: Date: Norman E. Feder, AICP, Transportation Administrator Attachment: FDOT HIGHWAY L.MqDSCAPING INSTALLATION AND MAINTENANCE AGREEMENT Agenda Item No. 16B10 April 13th, 2004 Page 2 of 8 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16B10 That the Board issue a Resolution approving and authorizing the Chairman to sign a highway landscaping installation and maintenance agreement with FDOT for landscaping within the right-of-way of US41 E(Rattlesnake Hammock-St. Andrews Blvd.) That the Board issue a Resolution approving and authori7ing the Chairman to sign a highway landscaping installation and maintenance agreement with the Florida Department of Transportation (FDOT) for landscape development improvements within the unpaved areas within the right-of-way of US41E/SR 45 from Rattlesnake Hammock Road to St. Andrews Boulevard. 4/13/2004 9:00:00 AM Prepared By Pamela J. Lulich Transportion Services Project Manager Traffic Operations/ATM Approved By Jeff Klatzkow County Manager's Office Assistant County Attorney County Attorney Office Date 3131/2004 8:22 AM Approved By Diane B. Flagg Transportion Services Traffic Operations and Alt Trans Modes Director Traffic Operations/ATM Date 313112004 5:17 PM Approved By Pamela J. Lulich Transportion Services Project Manager Traffic Operations/ATM Date 41112004 8:10 AM Approved By Sharon Newman Transportion Services Accounting Supervisor Transportation Administration Date 4/2/2004 10:02 AM Approved By Norm E. Peder, AICP Transportion Services Transportation Division Administrator Transportation Services Admin. Date 4/2/2004 2:47 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/5/2004 10:52 AM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/5/2004 12:00 PM Agenda Item No. 16B10 April 13th, 2004 Page 3 of 8 RESOLUTION NO. 2004- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING, AND AUTHORIZING THE CHAIRMAN TO SIGN, A HIGHWAY LANDSCAPING INSTAIJ.ATION AND MAINTENANCE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), FOR LANDSCAPE DEVELOPMENT IMPROVEMENTS WITHIN THE UNPAVED AREAS WITHIN THE RIGHT-OF-WAY OF US 41E FROM RATTLESNAKE HAMMOCK ROAD TO ST. ANDREWS BOULEVARD. WHEREAS, the State of Florida Department of Transportation (FDOT) is willing to enter into a Highway Landscaping Installation and Maintenance Agreement ("Agreement") with Collier County with respect to approximately 1-centerline mile along US 41 East (from Rattlesnake Hammock Road to St. Andrews Blvd.), in which following FDOT written approval of a Landscape Development Plan, Collier County would install and then maintain landscape development improvements, and be reimbursed by FDOT in the amount of $263,469.00 for the initial improvements; and WHEREAS, the Collier County Board of County Commissioners finds that it is in the public interest to move forward with this project, as defined in the Agreement, and that this Agreement is in the best interests of the citizens of Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners approves the Agreement; authorizes its Chairman, Donna Fiala, to execute the Agreement; and directs that the Collier County Clerk forward a certified copy of this Resolution to the FDOT along with the executed Agreement. This Resolution adopted after motion, second and majority vote favoring same, this __ ,2004. day of ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Deputy Clerk By: DONNA FIALA, Chairman Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney Agenda Item No. 16B10 April 13th, 2004 Page 4 of 8 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION HIGHWAY LANDSCAPING INSTALLATION AND MAINTENANCE AGREEMENT (WITH PLANS TO BE APPROVED SUBSEQUENT TO THE EXECUTION OF THIS AGREEMENT) THIS AGREEMENT, made and entered into this ~ day of ,20 __, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the DEPARTMENT, and COLLIER COUNTY, hereinafter referred to as the AGENCY. WITNESSETH WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Roads as part of the State Highway System; and WHEREAS, the AGENCY seeks to design, install and maintain certain landscape development improvements within the unpaved areas within the right-of-way of US 41 E/SR 45 from Rattlesnake Hammock to Andrews Boulevard; FM# 195425 2 58 01 programmed in fiscal year 2003/2004 hereinafter referred to as the PROJECT; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the AGENCY by Resolution dated ., a copy of which is attached hereto and made a part hereof, has authorized its Chairman of the Board of County Commissioners to enter into this Agreement on behalf of the AGENCY; NOW, THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The AGENCY hereby assures the DEPARTMENT that subsequent to the execution of this Agreement it will: (a) Ascertain the location of all existing utilities, both aerial and underground. A letter of notification and plan of the landscape development improvements will be mailed no later than to the following utilities/municipalities: (b) Comply with all permit requirements from the appropriate agencies (county, municipality, etc.) in connection with the activities described hereunder. Agenda Item No. 16B10 April 13th, 2004 Page 5 of 8 Outdoor advertising is specifically excluded from this Agreement in accordance with Section 479.11, Florida Statutes. 2. The AGENCY hereby agrees to install the landscape development improvements in accordance with a Landscape Development Plan to be approved by the DEPARTMENT subsequent to the execution of this Agreement. Such installation shall be in conformance with Rule 14-40, Florida Administrative Code, and the Highway Landscape Beautification and Plan Review Procedure (Topic 650-050-001-c), as they may be amended from time to time. No work shall be authorized to begin prior to the written approval of the Landscape Development Plan by the DEPARTMENT. 3. The AGENCY agrees to maintain the landscape development improvements in accordance with a Technical Maintenance Plan to be approved by the DEPARTMENT subsequent to the execution of this Agreement. No work shall be authorized to begin prior to the written approval of the Technical Maintenance Plan by the DEPARTMENT. 4. Designated personnel as directed by the District Secretary or his designee may inspect and evaluate this project and issue a written report if a deficiency or unsatisfactory condition is noted. If deficiencies and/or unsatisfactory conditions are not corrected within thirty (30) days, the District Secretary or his designee shall have the option to do one of two things: (a) (b) Correct and maintain the landscape improvements with DEPARTMENT's contractor or DEPARTMENT's personnel and charge the AGENCY for the reasonable value of said work. Remove by DEPARTMENT's contractor or DEPARTMENT's personnel all landscape improvements, return the right-of-way to its original condition and charge the AGENCY the reasonable value for such work. 5. The DEPARTMENT agrees to a maximum participation in the Project, including contingencies, in the amount of TWO HUNDRED SIXTY THREE THOUSAND FOUR HUNDRED SIXTY-NINE DOLLARS ($263,469.00). 6. To the extent permitted by Section 768.28, Florida Statutes, the AGENCY shall indemnify, defend, save and hold harmless, the DEPARTMENT and all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to breach of this Agreement by the AGENCY, its officers, agents, or employees or due to any negligent act or occurrence of omission or commission of the AGENCY, its officers, agents, or employees. Neither the AGENCY, nor any of its officers, agents, or employees will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the negligence of the DEPARTMENT or any of its officers, agents or employees. 7. The AGENCY covenants to keep in force during the period of this Agreement public liability insurance, property damage insurance and worker's compensation insurance through an Agenda Item No. 16B10 April 13th, 2004 Page 6 of 8 insurance policy(les) or the AGENCY's self insurance program. 8. This Agreement shall remain in effect until such time the AGENCY or DEPARTMENT wishes to cancel said agreement and this shall be done in writing giving the AGENCY or DEPARTMENT thirty (30) days notice. All landscape improvements shall be removed by the AGENCY and the DEPARTMENT's right-of-way returned to its original condition. If, after thirty (30) days, the landscape improvements have not been removed, the DEPARTMENT may, at its option, proceed as follows: (a) Maintain the landscape improvements within the limits of said project with DEPARTMENT's contractor or personnel and charge the AGENCY for the reasonable value of said work; OR (b) Remove by DEPARTMENT's contractor or personnel all of the landscape improvements, return the right-of-way to its original condition, and charge the AGENCY for the reasonable value of such work. 9. The term of this Agreement commences upon execution by both parties. The Landscape Development Plan and the Technical Maintenance Plan shall be completed and submitted for approval by the DEPARTMENT on or before Utility clearances shall be obtained on or before Construction shall be completed on or before 10. This writing embodies the entire Agreement and understanding between the parties hereto and there are no other agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 11. This Agreement may not be assigned or transferred by the AGENCY in whole or part without the written consent of the DEPARTMENT. 12. This Agreement shall be governed by and construed in accordance with the laws of the state of Florida. In the event of a conflict between any portion of the Agreement and Florida law, the laws of Florida shall prevail. H:/DEMO/SHARED/LAN DSCAP/MOA/.DOC Agenda Item No. 16B10 April 13th, 2004 Page 7 of 8 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year flu-st above written. COLLIER COUNTY, FLORIDA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: BY: Chairman District Secretary ATI'EST: (SEAL) TITLE: ATI'EST: (SEAL) Executive Secretary Legal Review: District Legal Counsel 4 Agenda Item No. 16B10 April 13th, 2004 Page 8 of 8 EXECUTIVE SUMMARY Award bid #04-3627, Airport Pulling Road north median landscape installation improvement project to Hannula Landscaping, Inc. in the amount of $510,605.66. OBSECTIVE: To accomplish median landscape improvements on Airport-Pulling (Cougar- Vanderbilt Beach Road) and a portion of Orange Blossom in conjunction with the Collier County Landscape Beautification Master Plan. CONSIDERATION: 1. On February 11, 2004, the Purchasing Department sent notices to 41 vendors for the landscaping and irrigation installation of Bid g04-3627, Airport-Pulling Road North Median Landscaping Installation. 2. On February 25, 2004 at 9:00 am, a mandatory pre-bid meeting was held. 3. On March 19, 2004 at 2:30 p.m. two (2) bids were opened. Staff reviewed the unit pricing on the bid tab, and Arazoza Brothers Corporation submitted the lowest bid. Arazoza Brothers bid showed that Arazoza Brothers Corporation would provide the irrigation installation and sleeving by directional bore. Arazoza Brothers is not a licensed directional boring contractor and is therefore deemed to be a non-responsive and unqualified bidder. 4. Staff deems Hannula Landscaping, Inc. to be the lowest, qualified, and responsive bidder, and therefore recommends award of this bid to Hannula Landscaping, Inc. Staff's recommends awarding the contract to Hannula Landscaping, Inc. with a base bid amount of $464,186.97. Collier County applied for a permit with South Florida Water Management District and was notified that the proposed landscape plans appear to encroach within the 40' of top canal bank. In this regard, the District's permitting roles and criteria do not allow for the placement of permanent and/or semi-permanent above ground facilities within the 40' strip of right of way, as measured from the top of the canal bank landward, as installations of this nature interfere with the District's operation and maintenance of the canal and are contrary to District Rule 40E-6.221(1), (2), (a), F.A.C., which state, in part: Rule 40E-6.221 Conditions for Issuance of Standard Permits. Collier County will not be landscaping within the South Florida Water Management District easement on the east portion of Airport-Pulling (Cougar to Vanderbilt Beach Road). Staff is requesting a 10% contingency for the project in the amount of $46,418.69. Staff will return to the Board for approval of requested increases in the contract amount exceeding the base bid plus contingency. FISCAL IMPACT: Total funds needed are $570,976.61 and are available in the MSTD General Fund; however, budget an~endments are needed to transfer funds into the project. Funds totaling $427,227.56 are available in the Landscape MSTD General Fund (112). With the low base bid amount and 10% contingency, the total amount needed to award this bid to Hannula Landscaping, Inc. is $510,605.66. County costs for the Motorola Central Control Irrigation components ($23,330.55), surge protection ($1,184.40), potable meter impact fees ($20,906.00), right-of-way permitting ($600.00), and Florida Power & Light electrical connections ($14,350.00) totaling $60,370.95. Agenda Item No. 16Bll April 13th, 2004 Page 1 Executive Summary Page 2 of 2 Budget amendments from previously budgeted maintenance totaling $143,749.05 are required to complete the beautification project along Airport-Pulling (Cougar to VBR) median and west side of right-of-way, and a portion of Orange Blossom. A budget amendment is needed to transfer previously budgeted funds for Airport-Pulling Rd. maintenance in the amount of $100,000, maintenance funds from Davis Blvd. Phase II in the amount of $33,749.05, and Airport Pulling (Lake Boorman) maintenance funds in the amount $10,000. The previously programmed funding for Davis Blvd. Phase II are available due to competitive maintenance bids being less than budgeted projections. The previously programmed funding for Airport-Pulling maintenance is available because in-house landscape maintenance crews are accomplishing the work. The mowing requires less manpower and frequency than is required for a manicured landscape. All funding for the budget amendments is coming from the Landscape MSTD General Fund (112) and the source for funds are ad valorem taxes. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board award Bid g04-3627, Airport Pulling Road north median landscape construction improvement project to Hannula Landscaping, Inc., approve necessary budget amendments, and authorize the Chairman to execute the standard contract after review by the County Attorney's Office. PREPARED BY: Date: Pamela J. Lulich, RLA, Project Manager, Traffic Operations and Alternative Transportation Modes APPROVED BY: Stephen Y. Cat-nell, Purchasing Director Date: APPROVED BY: Date: Diane Flagg, Director, Traffic Operations and Alternative Transportation Modes APPROVED BY: Date: Norman E. Feder, AICP, Transportation Administrator Agenda Item No. 16Bll April 13th, 2004 Page 2 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16Bll Award bid #04-3627, Airport Pulling Road north median landscape installation improvement project to Hannula Landscaping, Inc. in the amount of $510,605.66. Award bid #04-3627, Airport Pulling Road north median landscape installation improvement project to Hannula Landscaping, Inc. in the amount of $510,605.66. 4/13/2004 9:00:00 AM Prepared By Pamela J. Lulich Transportion Services Project Manager Traffic Operations/ATM Approved By Steve Carnell Administrative Services Purchasing/General Svcs Director Purchasing Date 4/112004 8:23 AM Approved By Pamela J. Lulich Transportion Services Project Manager Date Traffic Operations/ATM 4/1/2004 8:12 AM Approved By Diane B. Flagg Transportion Services Traffic Operations and Alt Trans Modes Director Traffic Operations/ATM Date 4/2/2004 2:01 PM Approved By Sharon Newman Transportion Services Accounting Supervisor Transportation Administration Date 4/2/2004 11:20 AM Approved By Norm E. Feder, AICP Transportion Services Transportation Division Administrator Transportation Services Admin. Date 4/512004 7:35 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/6/2004 1:33 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 41612004 3:23 PM Agenda Item No. 16Bll April 13th, 2OO4 Page 3 C EXECUTIVE SUMMARY Award bid g~4-3623, Pine Ridge Road (CR896) median landscape improvement construction project to Hannula Landscaping, Inc. in the amount of $621,509.35. OB~IECTIVE: To accomplish median landscape improvements on Pine Ridge Road (Airport- Pulling to Napa Blvd.) in conjunction with the Collier County Landscape Beautification Master Plan. CONSIDERATION: 1. On February 11, 2004, the Purchasing DeparUnent sent notices to 41 vendors for the landscaping and irrigation installation of Bid g04-3623, Pine Ridge Road (Airport-Pulling- Napa Blvd.) Median Landscaping Installation. 2. On February 25, 2004 at 9:00 am, a mandatory pre-bid meeting was held. 3. On March 25, 2004 at 2:30 p.m. three (3) bids were opened. Staff reviewed the unit pricing on the bid tabulation, and Hannula Landscaping, Inc. submitted the lowest bid. 4. Staff deems Hannula Landscaping, Inc. to be the lowest, qualified, and responsive bidder, and therefore recommends award of this bid to Hannula Landscaping, Inc. StafFs recommends awarding the contract to Hannula Landscaping, Inc. with a base bid amount of $547,665.50. Bid alternate 6.Option #3- Pine Straw in the amount of $17,343.00 is recommended. Staff is requesting a 10% contingency for the project in the amount of $56,500.85. Staff will return to the Board for approval of requested increases in the contract amount exceeding the base bid plus contingency. FISCAL IMPACT: Total funds needed are $660,636.92 and are available in the MSTD General Fund; however, budget amendments are needed to transfer funds into the project. The total funds in the amount of $581,860.36 are available in the Landscape MSTD General Fund (112). With the low base bid amount, alternate, and 10% contingency, the total amount needed to award this bid to Hannula Landscaping, Inc. is $621,509.35. County costs for the Motorola Central Control Irrigation components ($15,996.97), surge protection ($789.60), effluent tapping fees ($851.00), right-of-way permitting ($600.00'), and Florida Power & Light electrical connections ($20,890.00) total $39,127.57. Budget amendments from previously budgeted maintenance totaling $78,776.56 are required to complete the beautification project. A budget amendment is needed to transfer previously budgeted funds for Pine Ridge West irrigation maintenance in the amount of $72,000, Pine Ridge irrigation controller funds in the amount of $4,876.87, and Pine Ridge Road maintenance funds in the amount $1,899.69. The previously programmed funding for Pine Ridge maintenance is available because in-house maintenance crews are accomplishing the work. The landscape funding has been reduced because of road construction on Pine Ridge. All funding for the budget amendment is coming from the Landscape MSTD General Fund (112) and the source of funds are ad valorem taxes. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board award Bid g04-3623, Pine Ridge Road (Airport- Pulling to Napa Blvd..) median landscape improvement construction project to Hannula Landscaping, Inc., approve the necessary budget amendment, and authorize the Chairman to execute the standard contract after revieW by the County Attorney's Office. Agenda Item No. 16B12 April 13th, 2004 Page I of 10 Executive Summary Page 2 of 2 PREPARED BY: Date: Pamela J. Lulich, RLA, Project Manager, Traffic Operations and Alternative Transportation Modes APPROVED BY: Stephen Y. Camell, Purchasing Director Date: APPROVED BY: Date: Diane Flagg, Director, Traffic Operations and Alternative Transportation Modes APPROVED BY: __ Date: Norman E. Feder, AICP, Transportation Administrator Agenda Item No. 16B12 April 13th, 2004 Page 2 of 10 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16B12 Award bid #04-3623, Pine Ridge Road (CR896) median landscape improvement construction project to Hannula Landscaping, Inc. in the amount of $621,509.35. Award bid ¢K)4-3623, Pine Ridge Road (CR896) median landscape improvement construction project to Hannula Landscaping, Inc. in the amount of $621,509.35. 4/13/2004 9:00:00 AM Prepared By Pamela J. Lulich Transportion Services Project Manager Traffic Operations/ATM Approved By Steve Camell Administrative Services Purchasing/General Svcs Director Date Purchasing 4/112004 8:24 AM Approved By Pamela J. Lulich Transportion Services Project Manager Date Traffic Operations/ATM 4/1/2004 8:13 AM Approved By Diane B. Flagg Transportion Services Traffic Operations and Alt Trans Modes Director Traffic Operations/ATM Date 4~2~2004 2:02 PM Approved By Sharon Newman Transportion Services Accounting Supervisor Transportation Administration Date 4/2/2004 11:30 AM Approved By Norm E. Feder, AICP Transportion Services Transportation Division Administrator Transportation Services Admin. Date 4/512004 7:38 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4~6~2004 1:36 PM Approved By James ¥. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/612004 3:26 PM Agenda Item No. 16B12 April 13th, 2004 Page 3 of 10 ~o ~oo~ CO0,10 c mi- E.'~n c ~ E~n r~ 0 ~,- 'o c EXECUTIVE SUMMARY Amend Work Order CAR-FT-04-01 to Carollo Engineers for Engineering Services in the amount of $539,113 and approve a Budget Amendment related to SCADA and Control Network Upgrades at the North County Regional Water Treatment Plant, Project 700942. OBJECTIVE: To improve the reliability and operability of the North County Regional Water Treatment Plant by upgrading the plant's instrumentation, controls, and Supervisory Control and Data Acquisition (SCADA) systems. CONSIDERATIONS: The North County Regional Water Treatment Plant was originally built in 1992. The treatment process is highly automated using programmable controllers and computerized graphics. The automated system is more than 10 years old. Advancements in technology have made this automated system obsolete. Pursuant to the County' s need for evaluation, design and implementation of an upgraded SCADA system; on October 28, 2003, as Agenda Item 16 (C) 3, the Board approved Work Order CAR-FT-04-01 to Carollo Engineers for Phase I System Evaluation and Pre-design in the amount of $84,850. The approved work order was the first step towards renewing the automated system. Carollo Engineers evaluated the existing system and Collier County needs at the North Plant, and made recommendations for system improvements. Carollo documented the results of their analysis in a report dated January, 2004, titled "Collier County North Water Treatment Plant SCADA System Improvements Alternatives Evaluation." Three alternatives were presented for upgraded design and implementation, with summary discussions on the costs and benefits of each. Preliminary cost estimates for each alternative were presented. The estimated total costs varied from $325,000 for Alternative A; $800,000 for Alteruative B; and $1,350,000 for Alternative C. The costs correlated with the level of sophistication of the upgrade design for each alternative. Alternative A was deemed undesirable due to its inadequate re-structuring of the SCADA architecture and because the final product would not eliminate outright many of the architectural shortcomings from which the present system suffers. Also, Alternative A would likely necessitate a further upgrade in the near-future, such that many implementation and programming costs of the present decision would be duplicated upon further system upgrade. Alternative C was attractive in that its structural refinement would eliminate many of the system's present trouble areas. But implementation feasibility within the small fixed time frame was suspect, and other constraints such as manpower limitations and cost-effectiveness were disadvantageous for this option. Altemative B was considered the most cost-effective, feasible, and well-structured design to meet present and future needs. It offers sizable upgrade of both the architecture and the control programming, and it could be achieved in a timely manner so as not to jeopardize critical water production time periods or place excessive strains on operating personnel during the implementation. For these reasons, Staff recommends proceeding with Alternative B. PUED and Purchasing Staff worked together to negotiate the scope and fees of the proposed work order amendment with the Consultant for Phase II Design and Phase III Implementation. Services to be provided are consistent with Contract 03-3484 Fixed Term Instrumentation and Agenda Item No. 16C1 April 13th, 2004 Page I of 23 Executive Summary Approve WO Amendment to 'Carollo Page 2 Controls Engineering Services, approved by the Board of County Commissioners on July 29, 2003, as Agenda Item 16 (C) 5. The fees have been scrutinized in conjunction with the Purchasing Department and determined by the Project Manager to be fair and reasonable, based on previous experience with similar work. SCADA expansion/upgrade projects at the North Collier Water Reclamation Facility and at the South Collier Water Reclamation Facility were examined and compared, evaluating total costs of the SCADA expansion, equipment implemented in the SCADA system architecture, data input/output (I/O) programmed into the system's programmable controllers, and the project's duration from conception to completed implementation. The engineering costs and hours attributable to system design, construction services, and project management are consistent with these other projects. Programming costs for the programmable controllers and SCADA screen graphics interfacing are likewise consistent in magnitude and price breakdown. Total project costs are consistent given the number of I/O data points (individual control mechanisms that allow the system users to manually or automatically operate the system and its components). Moreover, there are time-critical elements to be considered when examining the project. Carollo's proposed time period for project completion is considerably less than what was required to meet the completion of the other Plants' SCADA systems. This is absolutely necessary to complete the upgrade without disturbing the crucial water production processes during implementation and to fulfill the upgrade requirements prior to the onset of the next demand season. To summm-ize, the Carollo proposal states that they will achieve the upgrade in an accelerated time schedule with a cost-effective approach. The scope of the proposed amendment consists of detailed design and several tasks of implementation, including but not limited to programming and configuration, site testing and training, construction management, as-built documentation, production of operation and maintenance manuals, and follow-up services. The complete list of tasks proposed by the Engineer during the implementation process is delineated in the work order amendment. Proposed fees in the attached Amendment No. 1 to Work Order CAR-FT-04-01 are summarized as follows: Original Work Order #CAR-FT-04-01 Amendment No. 1 (proposed) $ 84,850 5539,113 TOTAL (proposed) $623,963 A Contract Modification Checklist is attached. The annual upper limit of work orders procured under Contract 03-3484 is $500,000. The proposed amended fee exceeds this limit by approximately 25 percent. To approve the work proposed by Carollo as listed above, the Board is asked to waive the terms as set forth in Purchasing Policy VII (C) 1 (b). Failure to approve the waiver will delay this project one full year and compromise the reliability of the treatment plant that is solely supported by the existing obsolete SCADA system. Also, some of the already-performed engineering and planning would have to be duplicated or otherwise re-worked at additional costs to the County. Agenda Item No. 16C1 April 13th, 2004 Page 2 of 23 Executive Summary Approve WO Amendment to Carollo Page 3 To procure all necessary engineering and construction services to complete the final design and implementation phases of the NCRWTP SCADA Upgrade project, a budget amendment is necessary. FISCAL IMPACT: Funds in the amount of $560,000 are available in Project 700942 North County Regional Water Treatment Plant SCADA System Upgrades. A budget amendment is needed to transfer funds in the amount of $325,000 from Project 70124 Water System Telemetry to Project 700942. This budget amendment is solicited to cover all costs that are anticipated for Project 700942. This includes engineering fees, construction and installation fees, and direct procurements. To better explain what the cost implications are and how they relate to the solicited Budget Amendment, consider the tabulated summary below: Initial Budget Established for 700942, 10/28/03 $560,000 Engineering Costs with Carollo, Project 700942 Engr Svcs Costs, Original WO #CAR-FT-04-01 Engr Svcs Costs, Amendment No. 1 to WO ($ 84,850) ($539,113) Other Budgeted Costs for Project 700942 Fulfillment *Misc. Direct. Purchases: Diagnostic Eq't, PLC Components *Equipment Costs: Computer hardware, PLC Eq' t, Software *Construction Costs: Electr Install, Computer Config & Setup *Direct Source Procurements: Training, Travel for Testing *Miscellaneous/Contingencies/Items not covered by Engineer ($15,150) ($150,000) ($ 50,000) ($ 30,000) ($15,887) Budget Amendment Needs Amount Added to Project 700942 Budget per this BA $325,000 Total $885,000 ($885,000) * - Where indicated, Equipment Costs, Construction Costs, Direct Source Procurements and Contingencies are based on Engineer's estimates for these items. The scope of work is consistent with Water Capital Budget funds budgeted in FY 04, as approved by the Board on September 18, 2003. In recognition of the County's obligation to operate a reliable utility, the proposed work order will serve to maintain system serviceability that is consistent with the intent of the 2002 Water Master Plan Update as adopted by the Board on February 25, 2003 as Agenda Item 10(A). Source of funds is Water User Fees (412). GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting from this action. Agenda Item No. 16C1 April 13th, 2004 Page 3 of 23 Executive Summary Approve WO Amendment to Carollo Page 4 RECOMMENDATION: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District, waive the $500,000 Upper Limit as stipulated in Purchasing Policy VII (C) 1 (b), approve the necessary budget amendment, and approve and authorize the Public Utilities Engineering Director to execute Amendment 1 to Work Order CAR-FT-04-01 related to upgrading the NCRWTP SCADA and control network, Project 700942. Agenda Item No. 16C1 April 13th, 2004 Page 4 of 23 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C1 Amend Work Order CAR-FT-O4-01 to Carollo Engineers, Project 70094 Amend Work Order CAR-FT-04-01 to Carollo Engineers for Engineering Services related to SCADA and Control Network Upgrades at the North County Regional Water Treatment Plant in the amount of $539,113. 4/13/2004 9:00:00 AM Prepared By Dennis McGee Public Utilities Project Manager Public Utilities Engineering Approved By Karl W. Boyer, P.E. Public Utilities Principal Project Manager Public Utilities Engineering Date 3~29~2004 4:10 PM Approved By Paul Mattausch 0 Public Utilities Water Director Date Water 3t29/2004 8:16 AM Approved By Steve Carnell Administrative Services Purchasing/General Svcs Director Purchasing Date 3/29~2004 11:10 AM Approved By Roy B. Anderson, P.E. Public Utilities Public Utilities Engineering Director Public Utilities Engineering Date 313012004 1:30 PM Approved By Thomas Wides Public Utilities Operations Director Public Utilities Operations Date 313112004 2:09 PM Approved By James W. DeLony Public Utilities Public Utilities Administrator Public Utilities Administration Date 4/1/2004 12:15 PM Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Office of Management & Budget Date 4/2/2004 11:21 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget' Date 41512004 11:25 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 4/5/2004 1:50 PM Agenda Item No. 16Cl April 13th, 2004 Page 5 of 23 AMENDMENT NO. 1 WORK ORDER CAR-FT-04-01 Agreement for Fixed Term I&C Design Engineering Services Contract #03-3484 Dated July 29, 2003 This Work Order is for professional engineering services for work known as: Project: Phase Scope Title: 70094: NCRWTP Process Improvements SCADA/Control Network Upgrades The work is specified in the proposal dated _March 5, 2004 , which is attached hereto and made a part of this Work Order Amendment #CAR-FT-04-01. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order CAR-FT-04-01 is assigned to Carollo Enqineers. .S..cope of Work: Phase Phase Phase Travel I: System Evaluation and Pre-design to include: Task 1 - Existing System Evaluation Task 2 - Needs Analysis Task 3 - Alternatives Development Task 4 - Alternatives Evaluation Task 5 - Implementation Plan I1: System Design Task I - Design of Improvements II1: System Implementation Task 2 - Assist with Purchase of Computers, PLC Processors, and Software Task 3 - Programming of PLC's Task 4 - Configuration of Intellution iFIX HMI Software Task 5 - Factory Testing Task 6 - Procurement of Enclosures Task 7 - Test and Startup Plan Task 8 - System Site Demonstration Task 9 - Assist with Electrical Installation Procurement Task 10 -Commissioning: Field Testing and Startup Task 11 - Training Task 12 -As-built Documentation Task 13 -O&M Manuals Task 14 - Construction Management Task 15 - Corrective Services Task 16 - Follow-up Services Task 17 - Project Management Task 18 - Optional Additional Services and Subsistence Schedule of Work: (Tasks I through 18 of Phase II and Phase III above) Complete work within_ 240 days from receipt of the Notice to Proceed authorizing start of work. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with negotiated prices, either as lump sum amounts as delineated, or time and material amounts as indicated in the schedule below. (If a task is time and material, so indicate and use the established hourly rate(s) as enumeraled in Schedule "A" of the Agreement) Agenda Item No. 16C1 April 13th, 2004 Page 6 of 23 Oriclinal Amendment No. I Total Phase I Tasks 1-5 $ 84,850.00 (lump sum) $ 84,850 Phase II Task I $ 88,175 (lump sum) $ 88,175 Phase III Task 2 $ 4,387 (lump sum) $ 4,387 Task 3 $124,9'13 (lump sum) $124,913 Task 4 $ 87,510 (lump sum) $ 87,510 Task 5 $ 14,047 (lump sum) $ 14,047 Task 6 $ 3,578 (lump sum) $ 3,578 Task 7 $ 5,205 (lump sum) $ 5,205 Task 8 $ 4,723 (lump sum) $ 4,723 Task 9 $ 4,715 (lump sum) $ 4,715 Task 10 $ 36,620 (lump sum) $ 36,620 Task 11 $ 25,914 (lump sum) $ 25,914 Task 12 $ 10,837 (lump sum) $ 10,837 Task 13 $ 12,833 (lump sum) $ 12,833 Task 14 $ 6,676 (lump sum) $ 6,676 Task 15 $ 17,789 (lump sum) $ 17,789 Task 16 $ 7,520 (T&M, NTE) $ 7,520 Task 17 $ 32,681 (lump sum) $ 32,681 Task 18 $ 29,990 (T&M, NTE) $ 29,990 Travel and Subsistence $ 21,000 (T&M, NTE) $ 21,000 TOTAL FEE $ 84,850 $539,113 $623,963 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. Dennis McGee, P.E., PUED InstrumentationlSCADA Manager Date 's~-eph'-er{Y. Carnal, Purchasing/General Services Director Date Paul Mattausch, Water-,Director Date APPROVED BY: Roy B. Anderson, P.E., Utilities Engineering Director Date WITN/~SSES (2): Date: Carollo Engineers Printed Name: Robert S.Cushing, Ph.D.,P.E. Title: Partner Project Number: 70094-2 Agenda Item No. 16C1 April 13th, 2004 Page 7 of 23 PROPOSAL COLLIER COUNTY PUBLIC UTILITIES DIVISION NORTH COUNTY WATER TREATMENT PLANT CONTROL AND INFORMATION SYSTEM MODIFICATIONS PHASE II - IMPLEMENTAION March 5, 2004 BACKGROUND The North County Water Treatment Plant is a 20 MGD water treatment facility producing potable water for the residents and businesses of northwestern Collier County. The facility has undergone Some minor modifications over the years since it was constructed. Operations at the plant are assisted by its control and information system that was installed as part of the plant's original construction in 1993. The existing control and information system consists of 2 redundant Siemens 555 PLCs and one Siemens 315 PLC providing monitoring and automatic control of specific functional areas of the plant using remote 170 over a Profibus network. A graphics interface to the plant operations staff is provided by a personal computer based SCADA/HMI system utilizing two operator workstations and a blind SCADA server. The HMI software platform currently deployed is Genesis by Iconics of Foxborough MA, running on the Windows 3.1 operating system. Most existing control and information system components are original equipment installed during initial plant construction. Engineering and operator workstations (hardware and software) have reached an age of declining reliability and must be replaced soon to maintain acceptable operational reliability. Many of the existing operator interface computer functions are of marginal usefulness to operators, especially when compared to newer systems. The existing PLC/remote I70 network has demonstrated serious performance problems associated with PLC redundancy, network architecture, and system 170 density. The existing PLC software is poorly documented, contains errors, and is difficult to maintain. The cost of control system maintenance is rising and the County has become dependent on a single firm for maintenance services. Carollo Engineers was hired to evaluate the existing system and Collier County needs at the North Plant, and to make recommendations for system improvements. Carollo produced a report documenting the results of their analysis, "Collier County North Water Treatment Plant SCADA System Improvements Alternatives Evaluation, Draft Report" dated January, 2004. Based on a previous assessment by County staff and the Carollo report, the Utility Division has determined that certain modifications and upgrades to the existing control and information system are needed to correct these problems and deficiencies and to bring it in line with newer process control systems at other treatment facilities within the County. In particular, it has found that the following need to be addressed: March 26, 2004 C:kAdLib eXpress\Wo~ k'~ad56E97.~mp.doc Ager~t(~r~l~. 16Cl - -/~prilV13th, 2004 Page 8 of 23 Replacement of all existing Genesis SCADA/HMI software with the County standard, Intellution iFIX. Configure the new software to meet current industry and County standards to provide a more useful system for the operators. · Provide a new process data reporting system with new data presentation and report production capabilities to assist with water system operation analysis and optimization. · Replacement of all existing operator interface SCADA workstations with new, high speed PCs running the latest Microsoft Windows operating system. · Replacement of old Siemens TI555 PLC processors with new PLC processors. Replacement of existing PLC programs with new, well documented and "cleaned up" programs. · Modification of existing process control architecture to provide a single PLC processor at each group of Plant PLC I70 hardware (LCPs). The upgraded system will provide the following benefits: 1. Improved system reliability. 2. Lower maintenance costs. 3. Substantially improved functionality to assist operators with optimizing water treatment performance and costs. This installation is critical to the operation of the NCRWTP and time is of the essence for the completion of the Project. SCOPE OF SERVICES Introduction Consultant shall provide design and implementation services to complete the upgrade of the control and information system for the North County Regional Water Treatment Plant (NCRWTP). The work shall be in general accordance with Alternative "B" of the Consultant's report, "SCADA Systems Improvements Alternatives Evaluation," Draft, January 2004. As described in the paragraphs below, Consultant services shall include the following tasks: 1. Design of improvements 2. Assist with purchase of computers, PLC processors, and software. 3. Programming of PLCs 4. Configuration of Intellution iFix HMI software. 5. "Factory" testing 6. Procurement of enclosures, as needed. 7. Test and startup plan 8. System site demonstration 9. Assist with Electrical Installation Procurement 10. Commissioning: Field Testing and Startup 11. Training 12. As-built documentation 13. O&M Manuals 14. Construction management March 26, 2004 CSAdLib eXp~ess\Work~ad56E9~.tmp doc Agenld~t~.r~t~ ~. 16C1 - -~priF13th, 2004 Page 9 of 23 15. Corrective services 16. Follow-up services 17. Project management 18. Optional additional services The scope of each task is described below. Task 1 - Design of Improvements The improvements design will consist of the following elements: 1. Detailed control system design 2. Control narratives 3. Programming standards 4. Basic electrical design: room plan views and conduit and conductor layout. 5. Wiring and cable diagrams 6. Panel layouts Corisultant shall prepare a detailed control system design, based on the SCADA Improvements Report, Alternative B. Several details of the system design need to be finalized, including: computer system architecture, number of operator stations, brand of PLC processor to use, history system design, report requirements, etc. The detailed system design shall include: updated block diagram, detailed network diagrams, computer equipment list, PLC equipment list, software list, computer installation drawing, and updated design memo or predesign report. Consultant shall prepare Control Narratives to describe, in written text, the general monitoring and control functions of the HMI and the general operation of PLC logic for each process system and piece of controlled equipment. The Control Narratives shall also include General Control Functions, which will describe control logic that will apply to all motors, valves, analog signals, etc. The General Control Functions will be closely coordinated with the programming standards. The purpose of the narratives will be to communicate to the operations staff the monitoring and control functions to be programmed for each treatment system. The narratives will not describe all logic in detail, but will be general in nature to facilitate reaching a common understanding of the configuration and programming requirements. These narratives will be updated at the end of the project and will serve as part of the O&M documentation for the system. Note that the PLC programming will generally attempt to duplicate existing logic, except as directed otherwise by Collier County. Therefore, the narratives will initially be based on existing O&M documentation, may be updated based on "reverse engineering" of the existing PLC code, will then be revised based on operations staff input, and will be updated at the end of the project based on the final system configuration. Programming standards will be developed and documented for use on the project. Consultant will meet with County staff to discuss options and preferences for graphic display standards, color conventions, and other programming standards. Existing SCADA system equipment will be reviewed to understand any existing standards. Consultant will prepare a proposed graphic display and programming standards document for County review based on Consultant experience and input from County staff. Consultant will meet with County staff to review the proposed standards and receive input and comments. As part of this task, several example March 26, 2004 CAAdLib eXpress\Worlfrad56E97.1mp.doc Agen~t~jq~l~. 16C1 -AprilVlSth, 2004 Page 10 of 23 screens shall be developed and demonstrated for the County. This will provide the County with an opportunity to review the standards in a visual format. Electrical Design: Consultant shall prepare electrical plan views and cable schedules as needed to define the electrical installation work. We anticipate the following electrical plan drawings will be required: 1. Control room and equipment room 2. High Service Pump Room 3. MCC Room 4. Ground Floor Overview Wiring and Cable Diagrams: Consultant shall prepare drawings to document all wiring and cable termination requirements. Panel Layouts: Consultant shall prepare panel layout drawings to document new and retrofit work for the following: 1. LCP-1 2. LCP-2 3. LCP-3 4. Equipment Room panels Where feasible and cost-effective, drawings will be prepared in AutoCAD. However, modifications to existing panels and electrical layout drawings may be produced as mark-ups of existing paper drawings where AutoCAD files of existing drawings are not available. New drawings will be AutoCAD. These design services do not include updated P&IDs or other updated drawings not described above. Task 2 - Assist with Purchase of Computers, PLC Processors, and Software Consultant shall prepare one or more detailed bills of materials for all required hardware and software and submit them to the County for procurement. Each bill of materials shall include item descriptions, manufacturers, complete model numbers, options, colors, estimated price, shipping address, and all other information necessary to purchase and ship items to Carollo. All items with be specified with a single manufacturer. This proposal includes minimal time for review of proposed alternates. Upon receipt of each bill of materials, County shall promptly verify the availability of each item and estimated delivery time, and shall promptly notify Consultant of same. County shall procure the computers, peripherals, PLC processors, power supplies, switches, other network equipment, and all other related materials and equipment. County will also procure the Intellution iFix software, PLC programming software, and all other related software needed for the project. A preliminary bill of materials of the proposed equipment and software is included in Attachment A. March 26, 2004 C:~dLib eXl:a-esa\Wo~'k'~ad 56 Ego] .t rn p doc Ager~t~. 16C1 -AprilV13th, 2004 Page 11 of 23 Equipment and software shall be shipped to Carollo Engineers' Sacramento, California office, or other office as needed, within 30 days of submittal by Carollo of bill of materials. All equipment or software purchased by Collier County must be delivered to Carollo Engineers in Sacramento, California in a timely manner to avoid project delay. After factory testing, Carollo will repackage equipment and software media and have them shipped to the NCRWTP. All shipping charges shall be paid separately by the County, and are not included in the lump sum price. This proposal and schedule assumes that the shipping method will provide delivery to the NCRWTP within five (5) working days of shipment from Sacramento. Task 3 - Programming of PLCs Consultant shall provide all PLC programming to implement the Control Narratives and other system improvements specified. The cost estimate has been prepared based on the assumption that the PLC programming will be performed on Siemens S7 processors. The cost estimate has been prepared based on the assumption that the level of automation will be the same as, or somewhat less than, the existing system. During our pre-design effort, we did not find opportunities for increased automation, and found some existing automated strategies that are not used and might be deleted, based on staff input. The PLC programming will not duplicate existing unused code. One goal of this Improvements Project is to clean up the existing PLC code. We have assumed most code will be reprogrammed "from scratch", although reuse of some existing code, especially for the wells, may be done for efficiency. PLC code will include clear and complete program documentation and comments in accordance with the programming standards document. Task 4 - Configuration of Intellution iFix HMI Software. Consultant will develop SCADA graphic screens as required to provide monitoring and control of equipment connected to the PLC's. Consultant will develop the graphic screens and review them with the County staff. Consultant will incorporate the comments by the County staff in the development of the final SCADA screens. It is anticipated that there will be roughly 35 process graphic screens. Trends: Graphic chart trend displays shall be developed for displaying plant analog data. History: A history system will be provided to store history data and provide means to retrieve historical data. This proposal assumes Intellution iHistory will be used. Reports: A report package will be provided (iHistory reports). Up to ten (10) reports will be developed based on input from the operations staff. Training on the report system will be provided. March 26, 2004 C:~AdLib eX i~-ess\Work~ad56 E97 ~tmp.dcc Agenld~t~r~rl¥~. 16C1 - -~prilV13th, 2004 Page 12 of 23 Task 5 - "Factory_" Testing Factory Acceptance Testing - After development of the PLC and HMI software, the major components of the system shall be assembled at Consultant facilities for the purposes of testing the software operation. All PLC logic and HMI screens will be tested. Consultant will then package and ship the system to the site. Task 6 - Procurement Of Enclosures Consultant shall design, procure, and ship to site any required new control panels or other enclosures. For this project, PLCs will be installed in existing enclosures and this work will be performed on site. Consultant may provide (at County discretion) a new computer equipment rack enclosure for the new SCADA servers, history server, network switches, fiber patch panel, fiber converters, and related equipment in the Maintenance Room. This task covers only Consultant labor to design and procure enclosures. All equipment, materials, shipping, subcontractor labor for assembly, and other direct costs are covered under Task 2. Task 7 - Test And Startup Plan Consultant shall prepare a field testing, startup, and cutover plan for installation and commissioning of the SCADA improvements. The commissioning plan will include: Testing procedure · Cutover Plan · Training Plan · Schedule The Cutover Plan will describe how the new PLCs and computers will be brought on line with minimum disruption to operations. This plan will be developed with County Staff input and submitted for review and approval by the County. Task 8 - System Setup and Demonstration After the PLC and computer equipment is shipped to the site, County will set up the system (prior to connection of the existing system), perform a brief test, and demonstrate the system for operations staff. This will provide initial training on the new system and allow for small changes to the graphics prior to cutover. This proposal assumes computers will include two operator stations in the Control Room, two (redundant) SCADA servers in the Maintenance Room, and one History server in the Maintenance Room. March 26, 2004 C:~AdLib eXptess\Work~ad56E97.tmp doc Agenld~:t~r~'hl~. 16Cl - -~prilVlgth, 2004 Page 13 of 23 Task 9 - Assist with Electrical Installation Procurement Owner shall, through the services of a local electrical contractor, install new computers, PLC processors, network switches, network cables, conduit, conductors, panel components and wiring, racks, enclosures, and other electrical and control devices, as needed for the new HMI and PLC system. Existing conductors, cables, conduits, and enclosures shall be demolished or refurbished, as needed. Consultant shall prepare a scope of work for the Electrical Contractor as needed, assist the County with procurement of Electrical Contractor services, meet with the Electrical Contractor to discuss the scope of work and schedule, review price quotes for work, and review materials and other submiuals.. This proposal has been prepared assuming the following work is required: 2. 3. 4. 5. Install new equipment rack in the Maintenance Room. Install fiber cable from Maintenance Room to LCP-1, LCP-2, and LCP-3. Install new PLC CPUs in LCP-1, LCP-2, and LCP-3. Install four (4) CAT 5 cables between the Control Room and the Equipment Room. Install one new electrical circuit from the UPS distribution panel in the MCC room to the Maintenance Room. Install new electrical circuits from the UPS distribution panel in the MCC Room to LCP- 1 in the MCC Room and one each to LCP-2 and LCP-3 in the High Service Pump Room. Install new PLC processors in LCP-1, LCP-2, and LCP-3. This scope of work shall be adjusted based on the detailed design work in Task 1. We have assumed there will not be any operator workstations located outside of the Control Room. Task 10 - Field Testing and Startup On-site services shall be provided to commission the new control equipment. Consultant will load all programs and program modifications. Testing and startup will be performed in accordance with the Test and Startup Commissioning Plan. Consultant will exercise programs, conduct tests, and record results. County staff will be responsible for equipment operation and verification of correct field operation results. Consultant will tune any feedback loops. This proposal assumes County Staff will be responsible for the following: I. Scheduling staff to support startup, cutover, and testing and participate in training. 2. Insuring that all analog loops and discrete signals operate properly prior to the start of cutover and testing. If any signal or instrument problems are discovered during testing, County staff will promptly repair them. 3. Reviewing the cutover plan and schedule to ensure that water operations will not be compromised and that no startup or cutover plan task or step will damage equipment or processes (if performed properly and according to the plan). Providing staff to assist with system startup, cutover, and testing. Staff will operate equipment and approve starting tests that include processes and equipment. It is o March 26, 2004 C:'~AdLib e Xpre~\Work'~rad 5 6 Ex)7. trap. doc Age t .16C1 Page 14 of 23 anticipated that one additional County plant operations staff person, dedicated to the SCADA project, will be required for a 4-week test and startup period. Additional County operations staff may be required. Task 11 - Training Training on the operation of the system and the use of the operator displays shall be provided. Consultant will provide training to County operations staff for each of the software packages that are developed by Consultant. Training sessions will be conducted at the County utilizing the equipment and software applications that are to be supplied for the project. Training shall include the following: 1. A one-day class, repeated on two separate days, to instruct operators in the use of the new system, prior to cutover. 2. One day of "hands-on" instruction, provided during a normal operations shift, to guide operators as they use the on-line system immediately following cutover to the new system. This instruction will be repeated three times. 3. A two-day class on the PLC software provided for the project. This call will require participants to be familiar with, and somewhat proficient at, PLC programming. 4. A one-day class for maintenance staff giving an overview of the hardware provided on the project. 5. A two-day class on the HMI software provided on the project. This class will require participants to have prior instruction on the basics of Intellution iFix. 6. A two-day introductory class on the History system and reports. Consultant will provide a two-day refresher course training session for operators not less than ninety days after completion of all of the initial training. The intent of the refresher training session will be to answer questions that may arise during the initial 90-day period. Task 12 - As-built Documentation At project completion, Consultant shall provide as-built (record) documentation for all work performed by Consultants. Where existing documentation is available in an electronic format, Consultant will update existing drawings to show modifications to existing panels, circuits, and room layouts. Record documents will include: 1. Design drawings developed under Task 1. 2. PLC program listings (hard copy and electronic). 3. HMI configuration (electronic only). Task 13 - O&M Manuals and CMMS Database Entries O&M Manuals - O&M manuals shall consist of four parts: Equipment manuals, final control narratives, program listings, and brief instruction sheets. Equipment manuals shall be manufacturers' standard manuals. Consultant shall provide updated, final control narratives and complete, annotated program listings for all control system programming and configuration. March 26, 2004 C:~.dLib eX press\W o~'kMad56 E'rY7. tmp .doc Agenld~t~..~~. 16C1 - -~prilV13th, 2004 Page 15 of 23 Consultant will also provide four (4) typed pages of simplified operating instructions for plant operators describing basis tasks such as rebooting the system, backing up data, etc. County has standardized on the AllMax Task Manager (ATM) computerized maintenance management system (CMMS) for the scheduling of preventive and corrective maintenance tasks. County will provide Consultant with an electronic copy (in Microsoft Excel format) of the maintenance database table. Consultant shall populate this template table with maintenance schedule and maintenance procedure data supplied in the detailed equipment operation and maintenance manuals of all equipment furnished under this project. Consultant shall provide the County with the electronic copy of the populated maintenance data table. County will update the AllMax Task Manager software with the populated maintenance data table. No existing equipment will be included in the table provided by Consultant, only new equipment supplied under this contract. Task 14 - Construction Management Consultant shall provide construction management services for the project team, County staff and subcontractors or third-party contractors used to provide services for the SCADA Improvements Project. Consultant shall coordinate construction and installation activities with NCRWTP staff. Consultant shall generally direct, and shall inspect the work of the Owner's electrical subcontractor, but will not be responsible for supervising the contractor's work or workers. Task 15 - Corrective Services Consultant shall correct any errors or omissions in programming and other Consultant services, provided in accordance with paragraph 1.7 of the agreement, for a period of one year from the start of beneficial use by the County, which shall occur at cutover to the new system. Corrective services shall not cover computer equipment, PLC hardware, materials, or other equipment that fail or are determined to be defective. The Corrective Services do not include equipment damage caused by misuse, accidental damage, electrical surges, or other events outside the control of the Consultant. Corrective Services do not include repair of defects discovered in purchased software, including operating systems, Intellution software, Siemens programming software, and other purchased software. Corrective Services do not include work performed by the County or Electrical Contractor hired by County. The reloading of programs, software files and configuration parameters that becomes necessary due to equipment failure or user error is not covered. Consultant will respond promptly to any reported problems and take the following actions: 1. Attempt to trouble-shoot the problem over the telephone to determine cause and whether or not the reported problem is covered under corrective services. 2. If the problem is covered under corrective services, Consultant shall determine the cause, determine what repairs are necessary, and take the lead in implementing the repairs. 3. Consultant will perform any necessary program or configuration modifications. County will provide all necessary replacement parts and have them installed. March 26, 2004 CS. AdLib eXpz ess\Work"uad56E97.1mp doc Agen~i~t~. 16C1 - -/~prilV13th, 2004 Page 16 of 23 Consultant will work with Plant staff to install software modifications. Where feasible, Plant staff will be responsible for installing and testing minor software modifications covered under Corrective Services. When necessary, Consultant shall provide on-site staff to perform software repairs. Consultant will generally require five (5) working days notice to perform on-site software repairs. If Consultant believes a reported problem is not covered under Corrective Services, Consultant shall promptly notify the County. County shall then either obtain repairs through other means or direct Consultant to proceed with repairs. County and Consultant shall attempt to mutually determine and agree if a reported problem is covered by Corrective Services. If Consultant is directed to proceed with repairs, and if the problem is then determined by County to be covered under Corrective Services, Consultant shall not be compensated for Consultant costs. If the problem is ultimately determined by County to be not covered under Corrective Services, County shall additionally reimburse Consultant for all costs. Task 16 - Follow-up Services Forty programmer hours shall be provided for follow-up system support after the new control system has been placed in operation. Correction of problems covered under the Corrective Services shall not be charged to this task. These forty hours can be used by the County at their discretion. Up to three trips have been included in the budget for this task. Task 17 - Project Management Project Management - Consultant shall provide project management. Consultant shall: maintain a schedule of the project and provide coordination. Consultant will: coordinate the activities of the project team; prepare invoices and progress reports; report monthly activities to the Owner; and meet with the County as needed to resolve questions and review progress. Task 18 - Additional Services Consultant shall provide additional services as directed by the County to perform the following additional tasks, if requested: 1. Additional engineering to design new control strategies not in the existing control system. 2. Additional system configuration and programming to implement new automation functions requested by the County after contract award. 3. Additional engineering services to add power or control circuits to design new control signals not existing at the NCRWTP as of contract execution. 4. Additional configuration services to implement additional trending or reporting functions not included in the scope of other tasks. 5. Additional training not included in the scope of Task 11. PROJECT TEAM Mr. Anthony Morroni, a partner with Carollo Engineer, will serve as Principal-in-Charge and will supervise the consultant team to maintain a compliance with the project scope, schedule budget and quality standards. March 26, 2004 C:kAdLib eXpt'ess\Wmkaaad~6E97.1mp doc Age~. I~..r~. 16Cl -°ApfilV13th, 2004 Page 17 of 23 Mr. Richard Haugh will serve as Project Manager. He will serve as the primary contact person for the project, will manage the day-to-day activities of the project team, will manage the electrical subcontractor, and will perform necessary administrative duties. Mr. Haugh will actively participate in the project to provide technical expertise and to verify that the client requirements are being addressed by the final product. He will be involved in key decisions as the project progresses. Mr. Haugh has over 20 years of experience in planning, design, project management, strategic planning and business management in the areas of computer systems, instrumentation, and process automation for water and wastewater systems. His experience has been invaluable in numerous projects similar to the one proposed here. Of particular interest, Mr. Haugh served as project manager for the Contra Costa Water District's Randall-Bold Plant Control System Upgrade. For this project, Carollo Engineers acted as the design-build contractor for the plant wide Distributed Control System replacement. This project had critical operational, cutover, and time constraints. David Weber will s~rve at the Project Engineer. He will be responsible for day-to-day performance of the work of the project, with the assistance of the other team members. He will lead the design task effort, supervise the programming effort, serve as the principal startup engineer, and will perform most of the training. Mr. Weber has 20 years of experience in electrical and I&C engineering in the wateffwastewater industry. This experience includes design, start-up and software development projects. Dave has programmed control systems for the Southern Nevada Water Project, the City of Philadelphia, the California Independent System Operator, and the South Tahoe Public Utilities District, among others. Charles Chung will serve as the lead PLC programmer for the project. Mr Chung has over 30 years of experience as a Control System Engineer. Mr. Chung has experience with the Seimens line of PLC processors and has programmed systems with Profibus and H 1 data networks. Mr. Chung has also performed program development for several treatment plants for clients including the City of Watsonville, the Contra Costa Water District, the Santa Mafia Water District, and the City of Santa Rosa. Doug Hesser will serve as HMI (Wix) programmer. He will assist Mr. Webber with HMI configuration. Doug has significant experience programming HMI systems, including a recent Intellution iFix project. He also recently completed supplementary iFix training. John Kabouris, PhD is located in Carollo's office in Sarasota, Florida, and will be used, as needed, to provide local support for the project team. Dr. Kabouris has ten years of experience in environmental engineering and has numerous papers in the field of process modeling and instrumentation. He has provided engineering services for a March 26, 2004 CSAdLib e Xpress\Wo~'k~ad 56 E97. trap.doc 2004 Page 18 of 23 number of water and wastewater projects in the Florida. These projects included supervising the installation and testing of on-line instrumentation and SCADA system expansions. SCHEDULE Consultant acknowledges that time is of the essence on this project. The new control system must be completed and cutover during the summer/fall 2004 low demand period. Water system demands generally increase in late November, hitting an early peak during the Thanksgiving holiday. Cutover must be completed prior to this time to allow for operator familiarization with the new system prior to the Thanksgiving holiday water demand period. County acknowledges that it will be required to provide equipment, software, and assistance to Consultant in a timely and thorough manner to allow Consultant sufficient time to provide the required services and for cutover to occur on schedule. County assistance includes The project schedule shall be as follows: Event Planned Not Later Than Board Approval of Carollo Contract March 20, 2004 April 25, 2004 Notice to Proceed April 5, 2004 May 10, 2004 Finalize Design Decisions June 1, 2004 June 15, 2004 Begin Installation of Conduit July 25, 2004 August 15, 2004 Complete Conduit, Cable, and Enclosure Installation August 25, 2004 September 15, 2004 Complete "In-Office" Programming and Testing August 25, 2004 September 15, 2004 Complete Pre-Installation Field Testing September 15, 2004 September 30, 2004 Start Cutover September 16, 2004 October 1, 2004 Complete Cutover and Testing October 15, 2004 October 31, 2004 Substantial Completion (except Corrective Services November 15, 2004 November 30, 2004 and Follow-up) The project schedule and cost assumes that: all equipment and software will delivered to Consultant in a timely manner and shipped to the NCRWTP by means that take no more than five working days, that the Electrical Contractor's work is performed in a timely manner, and that County staff provide requested information and assistance in a timely manner. The project schedule and cost assumes that equipment and processes associated with each LCP can be shut down as follows: The entire plant, or each LCP and all equipment associated with it, can be shut down for 4 to 8 hours, each, for cutover to the new PLC processor(s). Each of these shutdowns can occur twice, although every effort will be made to perform each shutdown only once. 2. After some shutdowns, manual-only control of equipment and processes may be necessary (on the affected part of the Plant) for up to three (3) days to allow testing of PLC logic. March 26, 2004 C:'~AdLib eXpress\Work"aad56E97.trap dcc Age~ I~e~.r~. 16Cl -'~Ap~lV13th, 2004 Page 19 of 23 During this period, careful testing of the new PLC programs will be performed, which will require operational flexibility and operator assistance. After each shutdown and restart is completed, additional shutdowns will not be allowed for three (3) days, or for whatever period is necessary for treated water storage to be increased back to capacity. A similar shutdown scenario will be allowed for the wells. Consultant acknowledges the critical nature of the water production function of the Plant. Consultant shall not perform any work which will impair the County's ability to meet the water needs of the citizens of Collier County. COMPENSATION Consultant compensation shall be a combination of Lump Sum and Time and Materials (T&M), with a Not to Exceed (NTE) Total Price of $539,113. Total Lump Sum compensation shall be $480,603; total T&M compensation shall be NTE $58,510. Compensation for each task shall be limited to the lump sum or T&M NTE for the task. Compensation limits of each individual task shall not be modified without the written permission of the County. T&M [Lump Sum Scope Task NTE Cost Cost 1. Design Of Improvements $ 88,175 2. Assist with Purchase Of Computers, PLC Processors, and Software. $ 4,38'~ 3. Programming of PLCs $124,913 3. Configuration of Intellution iFix HMI software. $ 87,51C 5. Factory Testing $ 14,047 6. Procurement Of Enclosures $ 3,578 7. Test and Startup Plan $ 5,205 8. System Site Demonstration $ 4,723 9. Assist with Electrical Installation Procurement $ 4,715 10. Commissioning: Field Testing and Startup $ 36,620 11. Training $ 25,91/ 12. As-built Documentation $ 10,835 13. O&M Manuals $ 12,832 14. Construction Management $ 6,67( March 26, 2004 C:L&dLib eXpre~\Wm k~ad56E97.t rap.doc 2004 Page 20 of 23 T&M Lump Sum Scope Task NTE Cost Cost 15. Corrective Services $ 17,789 16. Follow-Up Services $ 7,520 17. Project Management $ 32,681 18. Optional Additional Services $ 29,99C Travel and Subsistence $ 21,00£ Subtotals $58,51( $480,603 tOTAL COST $539~113 Progress payments for each task shall be based on percent complete for each task. Consultant shall submit monthly invoices stating percent complete, by task. March 26, 2004 CAAdLib eXpress\Workhad56E97.tmp.dec Age~ I~.r~. 16C1 -=AprilV13th, 2004 Page 21 of 23 CONTRACT MODIFICATION CHECK LIST CONSTRUCTION AND CONSULTANT AGREEMENTS CHANGE ORDERS, SUPPLEMENTAL AGREEMENTS, AMENDMENTS AND CHANGES TO WORK ORDERS PROJECT MANAGER REVIEW Document circumstances prompting the change(s) request by... a. Identifying who initiated the change request b. Identifying the nature of the change Analyze the change request to determine: a. The hard and soft costs of the change and the appropriateness of each b. The benefits of the change c. The impact(s) of the change on the project d. The impact of the change on the overall success/failure of the project If the change is deemed justified, review the original contract to determine or verify... a. Whether the change is consistent with existing project scope b. The existing terms and conditions (e.g.; price and schedule) c. That the proposed change is not included within the existing scope d. The protocol for authorizing changes to the agreement 4. Document the analysis of and the justification(s) for the change. Obtain preliminary review and input from one of more of the following: a. Other project managers b. Immediate supervisor c. Appropriate 3rd party consultants d. Purchasing and Contracts Agent e. County Attorney Office f. Risk Management Department g. Other County departments materially impacted by the change. 6. Certify the appropriateness of the change based on the information gathered in steps 1-5. 7. If the change is not deemed justified, notify the appropriate parties and include the documentation gathered to date in the project file. 8. If the change is deemed justified, identify the appropriate contract instrument (Change Order, Amendment, Work Orders or Supplemental Agreement). Prepare and process the change document in accordance with... a. The terms and conditions of the existing agreement b. The County's Contract Administration Procedures. c. Submit packet, with back up documentation to Purchasing for review Form Retrieved From: I/Forms/County Forms/Purchasing Forms/Contract Modification Checklist Revised 8/22/03 Agenda Item No. 16C1 April 13th, 2004 Page 22 of 23 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCRWTP SCADA System Upqrades PROJECT #: 70094-2 FT' Contract 03-3484 BID/RFP #: WO CAR-FT-04-01 MOD #: Amendment #1 AMOUNT OF THIS CHANGE $ 539,113 PO #: 4500020773 CONTRACT AMOUNT: ORIGINAL $ 84,850 CURRENT $ 623,963 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ 84,850 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval 10/28/03 Agenda Item # 16 (C) 3 Percentage of the change over/under current contract amount 835.4 % Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC dn Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: 12/31/04 CURRENT: 12/31/04 SUMMARY OF PROPOSED CHANGE (S): Procurement of Additional Engineerinq Services to include final desiqn and implementation. Previous contract amount was only for Phase I Services (System Evaluation and Pre-design). JUSTIFICATION FOR CHANGE (S): The findinqs of the Phase I System Evaluation and Analysis were the basis for establishing the direction of the Phase II Final Design and Phase III Implementation of the proiect. As such1 it was anticipated that there would be a change to the contract to reach aqreement on the additional services, but the scope and determination of the fees could not be established until the Phase I work would reveal this direction. PARTIES CONTACTED REGARDING THE CHANGE: Steve Messner and Paul Mattausch (Water Dept Operational channels); Karl Boyer and Roy Anderson (PUED channels); and Lyn Wood (Purchasing Dept channel) IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Y Proposed change is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: APPROVE: Dennis McGee Date: DISAPPROVE: Date: 3/08/04 COMMENTS: Revised 8/22/03 Agenda Item No. 16Cl April 13th, 2004 Page 23 of 23 EXECUTIVE SUMMARY Approve funding related to upgrading the flow metering system at the South County Regional Water Treatment Plant, in the amount of $300,000, Project 71021. OBJECTIVE: To maintain regulatory compliance and enhance operations by initiating a new project to upgrade the flow measurement systems at the South County Regional Water Treatment Plant (SCRWTP). CONSIDERATIONS: On December 16, 2002, the Florida Department of Environmental Protection (FDEP) submitted a letter to the Collier County Water Director, outlining their review of the Drinking Water Monthly Operation Reports ("MOR' s") and soliciting written evaluation of water system design capacity along with a written plan of corrective action. A copy of this letter is attached. As a part of a continuing response, Staff committed to and completed a series of corrective actions. On April 23, 2003, Staff executed Work Order HM-FT-03-03 to Contract 00-3319 Fixed Term Utilities Engineering Services to Hole Montes, Incorporated, thereby authorizing the Engineering Study and Analysis of Flow Metering System and FDEP Reporting Requirements. During this study, on July 16, 2003, the Water Department sent FDEP the attached letter citing flow metering improvements needed at the Treatment Plant to comply with FDEP's direction in the December letter. The Engineering Study by Hole Montes evaluated the existing system and needs at the SCRWTP, and made recommendations for system improvements in a report dated January, 2004, titled "Summary of Findings on the Flow Measurement Devices at the Collier County South Water Treatment Plant." An examination of the deficiencies revealed that there was an absence of meters in certain key locations, while certain existing flow metering devices suffer from imprecision or an inability to record and totalize properly. Multiple altematives were presented for upgrade design and implementation, with summary discussions on the costs and benefits of each. County Staff reviewed the report and is ready to proceed with continuation of services and execute the necessary procurements. Cost estimates for the selected alternative are approximately $300,000 for complete project fulfillment. For these preliminary estimates, engineering services costs are estimated to be $75,000 and the construction costs to install upgraded flow metering equipment are estimated to be $225,000. Staff has reviewed these estimates and considers them to be fair and reasonable. Ratio of engineering fees to total project costs are commensurate with other projects that have a similar scope and magnitude. Along with the creation of a new Capital Improvement Project within the Water User Fee Fund, Fund 412, a Budget Amendment is necessary to proceed. This project is not included in the 2002 Water Master Plan in that it was identified after finalization of the Master Plan. FISCAL IMPACT: A budget amendment is needed to transfer funds in the amount of $300,000 from Project 71004 Raw Water Booster Station Reliability Improvements to New Project 71021 South County Regional Water Treatment Plant Flow Metering System Upgrade. Funds in the amount of $300,000 are available in the Water Capital Fund 412, Water User Fees, in Project 71004. Funds are available in Project 71004 because a full-scale performance test completed in October 2003 found that reliability improvements needed at the existing Raw Water Booster Agenda Item No. 16C2 April 13th, 2004 Page 1 of 6 Executive Summary Funding for SCRWTP Flow Metering System Upgrade Page 2 Pumping Station were much less than anticipated when the project was budgeted. The new project 71021 is not funded in the FY04 Water Capital Budget, as approved by the Board on September 18, 2003, because staff was unaware of the regulatory requirement at the time the FY04 budget was prepared. In 'recognition of the County' s obligation to stay in compliance and operate a reliable utility, the proposed new project 71021 is consistent with the intent of the 2002 Water Master Plan Update as adopted by the Board on February 25, 2003 as Agenda Item 10(A). Source of funds for the new project 71021 is Water Capital Fund 412, User fees. GROWTH MANAGEMENT IMPACT: There is no Growth Management Plan impact related to this action. RECOMMENDATION: That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District, approve the necessary Budget Amendment in the amount of $300,000 related to upgrading the flow metering system at the South County Regional Water Treatment Plant. Agenda Item No. 16C2 April 13th, 2004 Page 2 of 6 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C2 Approve funding related to upgrading the flow metering Approve funding related to upgrading the flow metering system at the South County Regional Water Treatment Plant, in the amount of $300,000, Project 71021. 4/13/2004 9:00:00 AM Prepared By Dennis McGee Public Utilities Project Manager Public Utilities Engineering Approved By Karl W. meyer, Public Utilities P.E. Principal Project Manager Public Utilities Engineering Date 3/29/2004 3:59 PM Approved By Paul Mattausch Public Utilities Water Director Date Water 313012004 4:45 PM Approved By Roy B. Anderson, P.E. Public Utilities Public Utilities Engineering Director Public Utilities Engineering Date 3/30/2004 1:18 PM Approved By Thomas Wides Public Utilities Operations Director Public Utilities Operations Date 3~30~2004 2:14 PM Approved By James W. DeLony Public Utilities Public Utilities Administrator Public Utilities Administration Date 4/1/2004 12:19 PM Approved By Susan Usher County Manager's Office Senior ManagementJBudget Analyst Office of Management & Budget. Date 4/2/2004 11:22 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4~5~2004 11:30 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 4/5~2004 2:02 PM Agenda Item No. 16C2 April 13th, 2004 Page 3 of 6 Department of Environmental Protection ~:~..~:~ Sou~h Disr. ric~ jeb B~h P.O. ~x ~49 Gove~or Fo~ ~yers, FIo~d~ 3390]-~49 David B. Struhs Secreta~/ Paul E. Mattausch, Water Director Collier County Public Works 3301 Tarmarm Trail East Building H Naples, Florida 34112 December 16, 2002 Re; Collier County - PW Collier County Utilities Lime Plant PWS I.D. Number: 5114069 Plant Over Permitted Design Capacity Dear tM~r. Mattausch: This is in response to a recent review of the Drinking Water Monthly Operation Reports (M.O.R.s) for the referenced water system. Please note that a review of the maximum day flow rates over the past 12 months indicates that the referenced water plant may be operating over the permitted design capacity. The water plant was operated over its penmtted design capacity during the months of October -December, 2001 and January- June, 2002 and August - September 2002. Please submit a written evaluation of your water system design capacity to the Department and provide a written plan of corrective action within 90 days of'the date of this letter. If construction is required for the water plant expansion, a construction permit must be obtained from the Department in accordance with F.A.C. Rule 62-555.520(1), F.A.C. pr/or to the start of construction. Please subrp2; .:'our pe, ,.'-"',it application for construct/on, alon~ with olans, soecifications, and the am>ropnate m'ocessin__. fee. ~ ' ' ' '' ' - In addition, please ensure that you notify the Department within 24 hours if the operating pressure of the distribution system falls below 20 psi at anytime. Please note that failure to maintain the minimum operating pressure is a violation of Rule 62-555.350(1), F.A.C. Failure to take corrective action will result in enforcement action. If you have any questions, please contact me at (239) 332-6975, extension 135. Sincerely, MAC Mark Charneski Environmental Specialist ".More ,arotec~ion, Less Process" Pnn~ed on recycled polder. Agenda Item No. 16C2 April 13th, 2004 Page 4 of 6 Date: July 16, 2003 Mr. Mark Chameski Flodda Department of Environmental Protection South District Office 2295 Victoria Avenue, Suite 364 P.O. Box 2549 Fort Myers, FL 33902-2549 Re: Collier County -PW Collier County Utilities Lime Plant PWS I.D. Number: 5114069 Plant Over Permitted Design Capacity (Evaluation) Dear Mr. Charneski, To date, we have met with our engineer and have done a site inspection of the facility, focusing on existing meters for the South Water Treatment Facility. We have developed a process flow schematic, which identifies flow measurement devices, transmitters, totalizers and flow control valves. We have gathered much of the data in step #2 and are working on step #3 & 4. Over the next 30 period we will continue to work on the below listed tasks: Review of record drawings, site inspection, and meeting with operations staff in order to develop a process flow schematic that identifies existing flow measurement devices, transmitters, totalizes, and flow control valves. Review meeting with County staff to confirm the accuracy of this process schematic. Gather data to assess the current condition of each identified flow measurement device. Information to be confirmed will include (a) meter size and type, (b) year installed, (c) when last calibrated, (d) any past comments at time of calibration, (e) anticipated accuracy of metedng device based on type of meter and installation conditions, (0 suitability of type of data collected/reported (instantaneous and/or totalized flow). preparation of process schematic identifying locations for any new flow meters as well as identification of areas where existing meters may require replacement. Agenda Item No. 16C2 April 13th, 2004 Page 5 of 6 Recommendations regarding control valves that operate in conjunction with flow meters for the purpose of maintaining either flow set points or maximum flows. This may involve recommendations for either new valves, replacement of existing valves, or modifications in the manner in which control valves are integrated with flow measurement devices. A recommendation regarding other modifications or improvements that may assist is maintenance and repair of flow measurement devices and control valves, i.e. conditions within meter vaults or control valve pits. Itemize recommendations and prepare a budget cost estimate to implement each recommendation. Identify those recommendations that could be performed by County staff and those that would typically be performed by outside contractors. Provide an estimate of amount of time to implement each recommendation, including an implementation schedule to show a timeline for completion of all recommended system components. Review the above information with County staff in a review meeting and compile into a report summarizing findings and recommendations. If you have any further questions please feel free to contact me at my new office telephone number, (239) 455-6188 Respectfully, Stephen Lang, Plant Superintendent Collier County Government 3301 East Tamiami Trail Naples, Florida 34112 Cc: Paul E. Mattausch, Director, Collier County Water Department Agenda Item No. 16C2 April 13th, 2004 Page 6 of 6 EXECUTIVE SUMMARY Approve Change Order 8 (Final) to the Design Build Contract with Metcalf & Eddy, Inc., for Additional Reverse Osmosis Raw Water Supply Wells and In-Plant Modifications for the North County Regional Water Treatment Plant, Projects 70075 and 70094, in the deduct amount of $40,983 OBJECTIVE: This change order is to reconcile actual quantities with contract quantities. CONSIDERATIONS: On December 11, 2001, as agenda item 16(C)10, the Board declared this project an emergency and instructed staff to negotiate a design-build contract to provide four reliability wells. On February 26, 2002, as Agenda Item 10(J), the Board approved the design- build contract. On May 14, 2002, as Agenda Item 10(E), the Board approved, and authorized the Public Utilities Administrator to negotiate and execute, a change order to add two replacement wells and provide in-plant reliability improvements in the amount not-to-exceed $3,300,000. Change Order 1 was negotiated and executed in the amount of $2,951,499. The work was complete as of September 30, 2003. To date, six change orders were approved, in accordance with Collier County Purchasing Policy, Section XIV, Paragraph C, the Purchasing/General Services Director may authorize and execute any change order provided the change amount does not exceed the greater of 10 percent of the current Board-approved amount or, $10,000. Change Order 2 and Change Orders 4 through 7 were administratively approved. Change Order 3 was not used. A complete summary of previous and proposed change orders related to this project is tabulated as follows: Amount Scope of Services Original Agreement $3,973,196 Add four new reliability wells Change Order 1 $2,951,499 Add two replacement wells and in-plant reliability improvements Change Order 2 $63,763 Acid treatment of new Wells 13 and 14 Change Order 3 $0 Change Order 3 was not used. Change Order 4 $22,862 Water flush raw water transmission main Change Order 5 $51,000 Relocate Local Control Panel 3 Change Order 6 $34,392 Modify test well approach to permitting Change Order 7 $145,859 Additional in-plant reliability improvement and delete back flow prevention valve replacement Change Order 8 Proposed ($40,983) Reconcile ffmal quantities Current Contract Amount $7,201,588 Agenda Item No. 16C3 April 13th, 2004 Page I of 9 Executive Summary Approve Final Change Order to the Design Build Contract With Metcalf & Eddy, Inc., Page 2 The total aggregate amount of change orders administratively approved to-date is 4.4 percent of the current Board-approved amount through Change Order 7. With proposed Change Order 8, the total aggregate amount of change orders administratively approved to-date will be reduced to 4.0 percent of the current Board-approved amount. A copy of the proposed Change Order 8 is attached along with a Contract Modification Checklist. FISCAL IMPACT: Funds for the initial award of this contract were included in the FY02 Budget as approved by the Board on September 25, 2001 and as amended on June 25, 2002 agenda item 16(C)13. This project is consistent with the 2002 Update to the Water Master Plan as adopted by the Board on February 25, 2003 as Agenda Item 10(A). Source of funds is Water Impact Fees (411) and User Fees (412). GROWTH MANAGEMENT IMPACT: There is no impact on growth management related to this project. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District, approve a change order to the negotiated Design-Build Contract with Metcalf & Eddy, Inc. dated February 26, 2002 related to reverse osmosis raw water supply wells and in-plant reliability improvements for the North County Regional Water Treatment Plant, projects 70075 and 70094, in the deduct amount of $40,983. Agenda Item No. 16C3 April 13th, 2004 Page 2 of 9 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C3 Approve Change Order 8 (Final) to the Design Build Contract with Metcalf & Eddy, Inc., for Additional Reverse Osmosis Raw Water Approve Change Order 8 (Final) to the Design Build Contract with Metcalf & Eddy, Inc., for Additional Reverse Osmosis Raw Water Supply Wells and In- Plant Modifications for the North County Regional Water Treatment Plant, Projects 70075 and 70094, in the deduct amount of $40,983 4/13/2004 9:00:00 AM Prepared By Karl W. Boyer, P.E. Public Utilities Principal Project Manager Public Utilities Engineering Approved By Paul Mattausch Public Utilities Water Director Date Water 3130/2004 4:46 PM Approved By Roy B. Anderson, P.E. Public Utilities Public Utilities Engineering Director Public Utilities Engineering Date 3/30/2004 1:21 PM Approved By Steve Carnell Administrative Services Purchasing/General Svcs Director Purchasing Date 3130/2004 1:12 PM Approved By Thomas Wides Public Utilities Operations Director Public Utilities Operations Date 4/112004 9:13 AM Approved By James W. DeLony Public Utilities Public Utilities Administrator Public Utilities Administration Date 41112004 12:21 PM Approved By Susan Usher County Manager's Office SeniOr Management/Budget Analyst Office of Management & Budget Date 4/2/2004 11:23 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/5/2004 4:20 PM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager County Manager's Office Date 416/2004 10:18 AM Agenda Item No. 16C3 April 13th, 2004 Page 3 of 9 CHANGE ORDER TO: Metcalf & Eddy Inc. 3740 Executive Way Mh'amar, Florida 33025 Project Name: Design./Build NCRWTP Construction Agreement Dated: 2/26/02 Change Order No.: 8 FROM: Collier County Govemment 3301 East Tamiami Trail, OCPM Bldg. Naples, Florida 34112 Bid No.: 022602 Date: 1/30/04 Change Order Description: (Attach justification and supporting documentation tbr this change.) Installation of Uti lity Marking Tape, Concrete encasement of FP&L Duct Bank, Restoration of site following completion of FP&L installation work, Elimination of Client Contingency and Extension of Project Completion Time. Original agreement amount ............................................................... $ 3,973,196.00 Sum of previous change orders amount ............................................ $ 3,269,375.00 This Change Order Amountqhtd4Jr[delete] ........................................ $ 40,983.00 Revised Agreement Amount ............................................................... $ 7,201,588.00 Substantial Final Original contract time in calendar days ............................ 275 335 Adjusted number of calendar days due to previous change orders ....... 0 120 This change order adjusted time is ........................................................ 0 98 Revixed Contract Time in calendar day,s ........................................... 275 553 Original Notice to Proceed date .................................................. 3/28/02 Completion date based on original contract time ......................... 2/22/03 Revixed completion date .............................................................. 9/30/03 Your acceptance of this change order shall constitute a modification to our Agreement and will be pedbrmed subject to all the same terms and conditions as contained in our Agreement indicated above, as lhlly as if the stone were repeated in this acceptance. The adjustment, if any, to this Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs.Recommended ~2y~' ' by: .d' ~7~_t Date: 03-01-0~ Pr~[nal: M&E-James G. Penkosky, P.E. Accepted by: .~ t ~ 1.,"~--"-- Date: · Contractor: M&E - Richard J Ulkus //'~t~[~. t~-~~' Date: Accepted by: Royal ~nd~rrson, P.E., 'Utilities Engineering Director Approved by: l~'/'~~[' D at e: ~,~.~.,~/~1~__ //PatWtl~latt'ausch, Water Director (For Use by Owner: Fund: 412 Cost Center: 273512 Object Code: Project No.: 70094) Agenda Item No. 16C3 April 13th, 2004 Page 4 of 9 Design/Build NCRWTP Hawthorn Wells per Agreement dated 02/26/02 CHANGE ORDER 8 Authority: In accordance contract provisions section 9, Changes in the Work, "Owner shall have the fight at any time during the progress of the Work to increase or decrease the Work." Based upon this contract provision, the scope of the changes as outlined herein are consistent with both the intent of the project and the contractual terms and conditions. Scope of Work: The following changes are hereby incorporated into the scope of work. All other Terms and Conditions of the base agreement remain in force and are applicable to this change order as appropriate. Installation of Utility Marking Tape - During the closing portions of the pipeline installation work associated with the construction of the "original" 4 wells, it was brought to our attention by the County's Distribution staff during a site inspection, that Utility Marking Tape needed to be installed along the length of all water mains installed on this project. As a majority of the mains installed in conjunction with this project were to be installed within dedicated utility ROW's and not public right of ways the requirements to install marking tape was not included in our "original" project plans. Following our receipt of the notification of this requirement from the County's Distribution Staff, and coupled with discussions with the County's Project Manager, we immediately began the installation of the marking tape with all pipelines installed going forward, as well as, went back and excavated and installed marking tape along all previously installed pipeline sections. As the cost to install the marking tape on the portions of the project pipelines going forward was not significant, no additional compensation is requested. However, as the cost to retrofit the previously installed pipeline was significant, due to the need to excavate along the approximate 10,000-foot pipeline route, the compensation provided for in this item is for the portion of the marking tape installation requiting "re-work" only. Restoration of the Site Following Completion of FP&L Work - In accordance with the terms of the original D/B contract, the County was to be responsible for all costs associated with extending the existing FP&L power distribution facilities to the project service sites. In keeping with this understanding, the County arranged with FP&L to install the underground duct bank necessary to extend the power service from' the transformer located at well no 13 to the "new" distribution panel located at well no. 16 to provide the required power service for wells no. 16 and 17. During the work associated with the installation of this duct bank, Agenda Item No. 16C3 April 13th, 2004 Page 5 of 9 Change Order 8 Design-Build Agreement dated 02/26/02 Page 2 FP&L's subcontractor's workmanship was extremely crude, and as a result, a significant amount of restoration work was required to repair the damage that was done to the portions of the site adjacent to the route of the duct bank. When FP&L was approached by the County project staff to perform the required work, FP&L advised the County that in accordance with their agreement for service with the County, FP&L wasn't responsible for any site restoration work. As a result of FP&L's refusal to perform the required restoration, the County project staff requested that M&E perform this work in conjunction with the balance of restoration work that was included within our "original" project scope and was still remaining to be completed. This item provides compensation for the additional services performed in completing the required restoration work. o Concrete Encasement of FP&L Duct Bank - During the installation of the FP&L duct bank to well no. 16, FP&L advised that in order to provide protection for their duct bank at the points where it crossed the raw water transmission main, FP&L requested that the duct bank be concrete encased. FP&L further advised that this concrete encasement was outside of their agreement with the County. As with the restoration work outlined above, all work associated with the installation of the power services required for this project was the responsibility of the County. In keeping with this agreement, and in an effort to resolve this issue, allow for the timely completion of the duct bank, and the ultimate installation of the required power service, M&E provided the required concrete encasement. This item provides compensation for the additional services performed in conjunction with the installation of the concrete encasement. Elimination of Contingency - Funds were encumbered as a contingency to allow Owner-directed changes to the emergency work in the event that unforeseen work was required to complete the project. A contingency of $60,000.00 was included in the contract amount negotiated for Change Order 1. This amount was further increased by $ 2,493.00 in Change Order 2 to provide additional compensation for the variable quantities of work possible with the acid stimulation performed in conjunction with this change order. To date neither of these contingency amounts have been utilized and as the project is complete, the County is entitled to a credit for the unused portion of these contingencies. Extension of Contract Time - At the time that the contract time extension amount for Change Order. 7 was determined it was anticipated that the work added by Change Order 7 could be performed in a continuous uninterrupted manner. Unfortunately, due to numerous events beyond the control of the D/B contractor, this work required a significantly longer time frame than originally anticipated. Although there is no additional compensation requested in association with this delay, this item reconciles actual time and contract allotted time. Agenda Item No. 16C3 April 13th, 2004 Page 6 of 9 Change Order 8 Design-Build Agreement dated 02/26/02 Page 3 Pricing: Item Description Funding Source Amount Nnmber 1 Installation of Utility Marking Impact Fees Add $ 8,210.00 Tape 2 Restoration of the Site Following User Fees Add $11,000.00 Completion of FP&L Work 3 Concrete Encasement of FP&L User Fees Add $ 2,300.00 Duct Bank 4 Elimination of Client lJser fees Credit $ 60,000.00 Contingency - Change Order No. 1 5 Elimination of Client Impact Fees Credit $ 2,493.00 Contingency - Acid stimulation 6 Extension of Contract Time N/A No change in cost Subtotal subject to Impact Fees __ Add $ 5,717.00 Subtotal subject to User Fees Credit $ 46,700.00 Total Contract Change This Credit $ 40,983.00 Change Order _ ScheduLe: A contract extension of the final contract completion date in the amount of 98 calendar days has been determined to be reasonable for the contract revisions as outlined above. Agenda Item No. 16C3 April 13th, 2004 Page 7 of 9 CONTRACT MODIFICATION CHECK LIST CONSTRUCTION AND CONSULTANT AGREEMENTS CHANGE ORDERS, SUPPLEMENTAL AGREEMENTS, AMENDMENTS AND CHANGES TO WORK ORDERS PROJECT MANAGER REVIEW Document circumstances prompting the change(s) request by... a. Identifying who initiated the change request b. Identifying the nature of the change Analyze the change request to determine: a. The hard and soft costs of the change and the appropriateness of each b. The benefits of the change c. The impact(s) of the change on the project d. The impact of the change on the overall success/failure of the project If the change is deemed justified, review the original Contract to determine or verify... a. Whether the change is consistent with existing project scope b. The existing terms and conditions (e.g.; price and schedule) c. That the proposed change is not included within the existing scope d. The protocol for authorizing changes to the agreement 4. Document .the analysis of and the justification(s) for the change. Obtain preliminary review and input from one of more of the following: a. Other project managers b. Immediate supervisor c. Appropriate 3rd party consultants d. Purchasing and Contracts Agent e. County Attorney Office f. Risk Management Department g. Other County departments materially impacted by the change. 6. Certify the appropriateness of the change based on the information gathered in steps 1-5. 7. If the change is not deemed justified, notify the appropriate parties and include the documentation gathered to date in the project file. 8. If the change is deemed justified, identify the appropriate contract instrument (Change Order, Amendment, Work Orders or Supplemental Agreement). Prepare and process the change document in accordance with... a. The terms and conditions of the existing agreement b. The County's Contract Administration Procedures. c. Submit packet, with back up documentation to Purchasing for review Form Retrieved From: I/Forms/County Forms/Purchasing Forms/Contract Modification Checklist Revised 8/22/03 Agenda Item No. 16C3 April 13th, 2004 Page 8 of 9 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Alternative Water Supply and Treatment Analysis PROJECT #: 70075/70094 BID/RFP #: D-B Agreement 02/26/02 MOD #: 8 _AMOUNT OF THIS CHANGE Deduct $40,983.00 PO #: 204993 BCC 02/26/02 16 C 10 CONTRACT AMOUNT: ORIGINAL $3,973,196.00__ CURRENT $7,201,588.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ 6,924,695.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval 05/]4/02 Agenda Item #10 F Percentage of the change over current contract amount 4.0 % Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: 02/22/03 CURRENT: 09/30/03 SUMMARY OF PROPOSED CHANGE (S): Since the last BCC approved change order, four change orders have been administratively approved (CO 4 though CO7). This change order (CO8) is the final change order to reconcile actual quantities and work performed. JUSTIFICATION FOR CHANGE (S): Owner requested additional in-plant process reliability improvements which added cost and time. The Owner made field-directed changes related to execution of the project work which added cost. Unused funds designated for allowance items are deducted from the contract amount. PARTIES CONTACTED REGARDING THE CHANGE: Jim DeLony, Roy Anderson, Paul Mattausch, Lyn Wood IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) x Proposed change is consistent with the scope of the existing agreement x Proposed change is in fact an addition or deletion to the existing scope x Change is being implemented in a manner consistent with the existing agreement x The appropriate parties have been consulted regarding the change x Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: APPROVE: Karl W. Boyer, PUED Principal Project Manaqer DISAPPROVE: Date: Date: 03~25~2004 COMMENTS: Revised 8/22/03 Agenda Item No. 16C3 April 13th, 2004 Page 9 of 9 EXECUTIVE SUMMARY Approve a Budget Amendment and an Engineering Services Work Order under Contract # 00-3119, Fixed-Term Professional Utility Engineering Services, with Malcolm Pirnie, Inc., to conduct a Feasibility Study for design of a Material Recovery Facility, Project 59002, in the amount of $163,200 OBJECTIVE: To approve a Budget Amendment and Work Order to conduct a Feasibility Study leading to the recommendation to the Board of County Commissioners (BCC) of a Material Recovery Facility (MRF) for future design and construction. The work order is to be issued to Malcolm Pimie Inc. CONSIDERATIONS: On October 28, 2003, the Board of County Commissioners authorized staff to assess the feasibility of using a single-stream Materials Recovery Facility (MRF) [agenda item 10.BI. MRFs utilize a system whereby all recyclables, coming from residential, multi-family, and commercial customers, are brought to the same facility for processing. This Work Order is for professional services to assist the County in its evaluation of MRF options and technologies. The study will initially identify the characteristics of several different MRF technologies, and then narrow down to a selection of up to three types of MRF facility. Single-stream facilities, where all recyclables are brought in one container, will be focused on. However, the study will include other complementary and competing MRF technologies such as Dual- stream where all paper related recyclables are put into one container and all other plastics, glass, and cans as recyclables are put into a second container. The study will also examine procurement strategy assessment (such as County owned and operated, County owned and privately operated, and Privately owned and operated). One additional consideration is that the Solid Waste Collection Contract is to be procured and ready for execution in 2006. Developing the contract and studying the MRF feasibility concurrently will help to assure the successful compatibility of the county's solid waste collection system with the waste processing system and facilities. A Feasibility Report will be generated that will describe the investigation and result in a final recommendation to the Board of County Commissioners as to which of the alternate selections of MRF staff believes is most appropriate for Collier County. The work will be done under Contract g00-3119 (Fixed-Term Professional Engineering Utility Services, Work Order # MP-FT-04-01). The scope and fees are more fully described in the attached work order proposal. The funding is to be transferred into the Solid Waste Capital Projects Fund to be consistent with Capital Projects execution procedures. FISCAL IMPACT: Funds in the amount of $163,200 are available from the Solid Waste Department Operating Budget and the funding source is the Solid Waste Disposal Fund (470). A budget amendment in the amount of $163,200 is necessary for this project. The budget for the Solid Waste Disposal Fund was approved by the Board of County Agenda Item No. 16C4 April 13th, 2004 Page 1 of 9 Executive Summary Page 2 Commissioners at the Budget Hearing of September 18, 2003. The Solid Waste Capital Projects Fund was created 10/1/03 [FY04]. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan (GMP). The work is consistent with the GMP requirement to prolong landfill capacity. RECOMMENDATIONS: That the BCC approve a Budget Amendment in the amount of $163,200, and authorize the Public Utilities Administrator to finalize negotiations and execute an engineering services work order with Malcolm Pirnie Inc in the mount of $163,200, to conduct a study to examine the feasibility of, and make recommendation to the BCC for, a Material Recovery Facility in Collier County. Agenda Item No. 16C4 April 13th, 2004 Page 2 of 9 Item Number Item Title Item Summar~ Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16 C4 Material Recovery Facility, Project 59002 Approve a Budget Amendment and an Engineering Services Work Order under Contract # 00-3119, Fixed-Term Professional Utility Engineering Services, with Malcolm Pimie, Inc., to conduct a Feasibility Study for design of a Matedal Recovery Facility, Project 59002, in the amount of $163,200 4/13/2004 9:00:00 AM Prepared By R. Shane Cox, P.E. Public Utilities Senior Project Manager Public Utilities Engineering Approved By Ron Hovell Public Utilities Special Projects Manager Public Utilities Engineering Date 313012004 10:36 AM Approved By Roy ~B. Anderson, P.E. Public Utilities Public Utilities Engineering Director Public Utilities Engineering Date 3/30/2004 1:27 PM Approved By Thomas Wides Public Utilities Operations Director Public Utilities Operations Date 3/30/2004 2:15 PM Approved By Steve Carnell Administrative Services Purchasing/General Svcs Director Date Purchasing 4/112004 8:19 AM Approved By O. George Yilmaz Public Utilities Solid Waste Director Date Solid Waste 4/1/2004 10:53 AM Approved By James W. DeLony Public Utilities Public Utilities Administrator Public Utilities Administration Date 4/1/2004 12:25 PM Approved By Randy Greenwald Board of County Commissioners ManagementJBudget Analyst Office of Management & Budget Date 4/2/2004 11:47 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/5/2004 11:34 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 41512004 5:50 PM Agenda Item No. 16C4 April 13th, 2004 Page 3 of 9 Work Order # MP-FT-04-01 Contract No. 00-3119 Agreement for Fixed Term Utilities Engineering Services March 19, 2004 This Work Order is for Engineering Services, subject to the terms and conditions of the Contract referenced above, for work known as: Project: Materials Recovery Facility Feasibility Study and Recommendation Scope of Work: Collier County's Public Utilities Division is developing an integrated, multi-faceted program to provide environmentally sound, cost effective, solid waste management services to the County's citizens for 30 years or more. Starting in December 2000, the County embarked on an ambitious program to address existing solid waste management issues and to search for progressive solid waste solutions in the intermediate and long-term to address future needs. On October 28, 2003, the Board of County Commissioners authorized staff to assess the feasibility of using a single-stream Materials Recovery Facility (MRF) for processing recyclable materials from residential, multi-family, and commercial customers. This Work Order is for professional services to assist the County in its evaluation of MRF options and technologies. Single-stream facilities will be focused on, however, the study will include other complementary and competing MRF technologies as well. The specific activities involved are addressed in the following task descriptions: Task I Proiect Management Assistance Malcolm Pirnie will provide project management assistance to ensure coordination and continuity between Project Delivery Team (PDT) members. It is assumed that the PDT will include representatives from the Public Utilities Division, Purchasing Department, the County Attorney's Office, and outside special counsel. This work will include, at a minimum, the following elements: Prepare a Project Management Plan (PMP) Prepare Interim Progress Reports (IPRs) Provide strategic planning assistance Participate in up to eight (8) monthly project status teleconferences It is assumed that Malcolm Pimie will provide a call-in service for all teleconferences. Deliverables 1. Prepare a draft and final Project Management Plan 2. Prepare up to eight (8) draft and final Interim Progress Reports Task II Data Collection, Analysis and Coordination Malcolm Pimie will plan and facilitate a coordination meeting with the PDT to discuss the goals and objectives of the project. As part of the coordination meeting, Malcolm Pimie will prepare a MRF overview PowerPoint presentation. The objective of the presentation will be to define terms related to MRFs and to generally identify the types of MRFs that will be addressed under Task III. 1 of 6 Agenda Item No. 16C4 April 13th, 2004 Page 4 of 9 It is assumed that the coordination meeting will be held within four weeks of notice-to-proceed. Prior to the meeting Malcolm Pirnie will compile and present a data request memorandum to the PDT. It is assumed that the requested information will be provided to Malcolm Pimie during the coordination meeting. Deliverables 1. Prepare data request memorandum 2. Prepare draft and final meeting agenda 3. Prepare draft and final MRF Overview presentation 4. Prepare draft and final meeting minutes Task III Technology Screening Within six weeks following the coordination meeting, Malcolm Pimie will provide a summary PowerPoint presentation of different MRF options available to the County. The objective of the presentation will be to identify the characteristics of several different MRF technologies as well as procurement strategy assessment (such as County owned and operated, County owned and privately operated, and Privately owned and operated). Following the presentation, it is planned that the PDT will select up to three (3) MRF options and/or strategies. The actual Feasibility Study (Task IV) will involve these options. Malcolm Pimie will work collaboratively with the PDT to identify key baseline data and to identify the general operating parameters that will be used during the feasibility analysis (e.g., project delivery schedule, processing capacity, etc.). Deliverables 1. Prepare draft and final meeting agenda 2. Prepare draft and final MRF options presentation 3. Prepare draft and final technology screening summary memorandum Task IV Feasibility Study Malcolm Pimie will perform a feasibility study of the MRF options identified under Task III. Initially, Malcolm Pimie will perform activities (i.e., perform interviews, literature review, etc.) to gain insights into technical and financial issues (e.g., procurement, operations, etc.) related to the development and implementation of the selected MRF options. At a minimum, the following elements will be considered: § Project timeline § Siting requirements o Aesthetics o Proximity to population/density o Minimum building size o Minimum site size § Ownership/financing arrangement o Public vs. private ownership o County vs. private operation o Economic and employment impact/development c) Capital costs § Materials processed § Equipment requirements o Quality o Number of processing streams o Mechanical sorting capabilities 2 of 6 Agenda Item No. 16C4 April 13th, 2004 Page 5 of 9 o System redundancies § Operational metrics/goals o Recovery rate o Participation rate o Availability/downtime o Maintenance costs o Operational costs o Cost per ton processed o Residuals rate and management o Staffing requirements o Flexibility to modify operations § Complimentary collection program o Required ordinances o Required changes in collection practices § Public education § Other Advantages/disadvantages/risks/benefits Based on the findings of the feasibility study ac.tivities, Malcolm Pimie will prepare a Materials Recovery Facility Feasibility Report, signed and sealed by an engineer registered in the State of Florida, for the PDT. As part of the Feasibility Report, Malcolm Pirnie will include case studies of MRF projects similar to those selected by the PDT. Within two weeks of submittal, Malcolm Pirnie will meet with the PDT to review the Report in light of the County's objectives and the operating parameters identified under Task III. The goal of the meeting is to select the County staff's preferred MRF option. Malcolm Pimie will prepare meeting materials including an agenda, PowerPoint presentation, and meeting minutes. The county staff will also reserve the option to request a representative from Malcolm-Pirnie to accompany staff to one onsite field trip to observe and gain knowledge of a specific, staff-selected Material Recovery Facility elsewhere in the continental United States, with pre-approval of the Division Administrator. Malcolm Pirnie's expenses in connection with the trip are to be documented and are not to exceed $3,000. Any unspent portion of the $3000 will be deducted fi'om Malcolm Pirnie's $45,600 task budget; this stipulation includes deducting the total amount should the trip not occur. Deliverables 1. Prepare draft and final Materials Recovery Facility Feasibility Report and Presentation 2. Prepare draft and final meeting agenda 3. Prepare draft and final meeting minutes 3 of 6 Agenda Item No. 16C4 April 13th, 2004 Page 6 of 9 Task V Preparation and Presentation of the Materials Recovery Facility Feasibility Study Malcolm Pirnie will assist staff with two County Manager and/or Board of County Commissioners' meeting presentations and associated rehearsals including one for the PDT, one for the Administrator, one for the County Manager, and one for the Productivity Committee as well as presentation to the Productivity Committee if needed. Malcolm Pirnie staff will be available to answer technical and financial questions during the Board mecting. As coordination is critical to ensure a seamless presentation, it is assumed that Malcolm Pirnie will participate, as needed, in face-to-face meetings and/or telephone conferences with the Project Delivery Team during the planning and production phases of this Task. Deliverables 1. Prepare draft and final presentation (one electronic copy and 15 color copies) 2. Prepare draft and final presentation script 3. Prepare draft and final presentation frequently asked questions (FAQs) Additional Services It is our understanding that staff received authorization to prepare and issue a request for proposals if a MRF is found to be feasible. Should this Feasibility Study indicate that the development of a MRF is feasible, a detailed scope of services for procurement of a MRF and subsequent work will be prepared. Generally, the following work elements, at a minimum, would be required: § Site Investigations (e.g., geotechnical, access, etc.) § Preparation of Procurement Documents (e.g., design basis, performance specifications, etc.) § Proposal Period Assistance (e.g., attend pre-proposal meeting, provide technical assistance, etc.) § Proposal Evaluation Assistance § Contract Negotiations § Design Submittal Review § Project Review Assistance (e.g., attend progress meetings, perform construction inspection services, etc.) § Technical Submittal Review § Technical Assistance (e.g., review change order requests, requests for information, on-site inspections, etc.) § Acceptance Testing Assistance Schedule of Work: The Scope of Work defined herein will be completed within 240 calendar days after notice-to-proceed. The budget provided below is based on the schedule of work as provided herein and is subject to cost adjustment resulting from any County-initiated extension of the schedule of work. 4 of 6 Agenda Item No. 16C4 April 13th, 2004 Page 7 of 9 Compensation: The County will compensate Malcolm Pimie on a lump sum basis for services rendered in accordance with this Work Order in the amount provided below. Tasks Labor Subconsultant Estimated Amount Task I - Project Management Assistance $30,200 $0 $30,200 Task II - Data Collection, Analysis and Coordination $14,500 $3,000 $17,500 Task HI - Technology Screening $24,000 $4,600 $28,600 Task IV - Feasibility Study $45,600 $9,600 $55,200 Task V - Preparation and Presentation of the Materials Recovery Facility Feasibility $30,400 $1,300 $31,700 Study Total (Lump Sum) $144,700 $18,500 $163,200 Total Lump Sum Amount including Labor and Expenses: $163,200 (one hundred sixty three thousand and two hundred dollars). 5 of 6 Agenda Item No. 16C4 April 13th, 2004 Page 8 of 9 ISSUED BY: R. Shane Cox, P.E. Senior Project Manager, Public Utilities Engineering Department Date REVIEWED BY: Ron Hovell, P.E. Special Projects Section Manager, Public Utilities Engineering Department Date REVIEWED BY: Roy Anderson, P.E. Director, Public Utilities Engineering Department Date REVIEWED BY: G. George Yilmaz Director, Solid Waste Management Department Date REVIEWED BY: Steve Carnell Director, Purchasing Department Date APPROVED BY: James W. DeLony, P.E. Administrator, Public Utilities Division Date ACCEPTED BY: Stephen C. Schwarz, P.E., DEE Malcolm Pirnie, Inc. Date Title 6of6 Agenda Item No. 16C4 April 13th, 2004 Page 9 of 9 EXECUTIVE SUMMARY Approve a Work Order, under contract # 01-3271, Fixed Term Professional Engineering Services for Coastal Zone Management, with Humiston & Moore Engineers, Inc. for The Annual Monitoring of Wiggins Pass, project 90001, in the amount of $26,000 OB.~ECTIVE: To obtain Board of County Commissioners approval of a work order with Humiston & Moore Engineers, Inc. (H&M) to perform surveys and to provide tu~ engineering report as required by permit, in the amount of $26,000. CONSIDERATIONS: H&M has submitted a proposal in the amount of $26,000 for the annual monitoring (surveying) of the beaches from Delnor-Wiggins State Park (monument R-22) northward to Barefoot Beach (monument R-10). This monitoring is mandatory to stay in compliance with the existing Florida Department of Environmental Protection (FDEP) permit. The cost proposal outlines surveying work required by FDEP Dredging Permit 0142538-001-JC and includes a work scope submitted by Sea Systems Corporation, the subconsultant fu-m that will be doing the field portion of the surveying. H&M will reduce the data and prepare a report and a compact disc in FDEP-required format. Comparison of these with past data will indicate shoreline changes and beach sand volume changes. H&M will also make a presentation of the findings to the Coastal Advisory Committee. On February 12, 2004, the Coastal Advisory Committee recommended the approval of this work order and the Tourist Development Council also recommended the work on February 23, 2004. FISCAL IMPACT: The attached proposal and cost spreadsheet indicate that a maximum of $26,000 is needed to complete the work. The source of funds is the Tourist Tax and funds are available in the project budget. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners approve a work order, under contract # 01-3271 with Humiston & Moore Engineers, Inc., for up to $26,000, and authorize the Public Utilities Administrator to finalize negotiations and execute the work order. Agenda Item No. 16C5 April 13th, 2004 Page I of 3 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C5 The Annual Monitoring of Wiggins Pass, project 90001in the amount of $26,000 Approve a Work Order, under contract # 01-3271, Fixed Term Professional Engineering Services for Coastal Zone Management, with Humiston & Moore Engineers, Inc. for The Annual Monitoring of Wiggins Pass, project 90001, in the amount of $26,00 4/13/2004 9:00:00 AM Prepared By R. Shana Cox, P.E. Public Utilities Senior Project Manager Public Utilities Engineering Approved By Ron Hovell Public Utilities Special Projects Manager Public Utilities Engineering Date 3~3012004 7:16 AM Approved By Roy B. Anderson, P.E. Public Utilities Public Utilities Engineering Director Public Utilities Engineering Date 313012004 1:28 PM Approved By Thomas Wides Public Utilities Operations Director Public Utilities Operations Date 3/3012004 2:15 PM Approved By Steve Carnell Administrative Services Purchasing/General Svcs Director Date Purchasing 4/112004 8:20 AM Approved By James W. DeLony Public Utilities Public Utilities Administrator Public Utilities Administration Date 4/1/2004 12:26 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/5/2004 11:36 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 41512004 5:54 PM Agenda Item No. 16C5 April 13th, 2004 Page 2 of 3 HUMISTON & MOORE ENGINEERS COASTAL ENGINEERING DESIGN AND PERMITTING February 24, 2004 Mr. Ron Hovell, P.E. Collier County Division of Public Utilities Engineering Department 3301 East Tamiami Trail, Building H Naples, FL 34112 Sent via fax, 732-2526, 1 page Re: Proposal, Wiggins Pass Monitoring Survey and Report, H&M File No. 11054. Dear Rom This proposal is to provide the referenced monitoring survey an.d report, and to submit information to the State of Florida DEP as required by permit #0142538-001 -JC. The tasks related to preparation of the Monitoring Report are as follows: 1. Hydrographic and upland beach profile data collected by Sea Systems Corporation (SSC) as a subconsultant to Humiston & Moore Engineers (H&M) will be reduced, upland data will be merged with offshore data, digital files will be prepared in DEP format for submittal to DEP on DNR Reference Monuments R-10 to R-22. As specified in the March 21, 2002 letter to you from Lethie Lanham, Engineer with the Bureau of Beaches and Coastal Systems, the annual survey is to be conducted during May of 2004. 2. Hydrographic inlet channel data collected by SSC as a subconsultant to H&M will be reduced, and as necessary, upland beach profile data will be merged with offshore data, digital data files will be prepared in DEP format on a disk for submittal to DEP on 40 entrance channel sections. 3. Prepare comparative plots of profile data and prepare a report presenting shoreline change and volume change. The report will include recommendations on the location of future maintenance dredging disposal north or south of the inlet, and evaluations of shoaling at the north end of the south channel to Water Turkey Bay and the west end of the east channel of the Cocohatchee River. The report will be submitted to DEP and 15 copies of the report will be submitted to Collier County. 4. Make a presentation of monitoring results to the Coastal Advisory Committee. We propose to provide these services and deliverables for a lump sum cost of $26,000.00 in accordance with the terms of our Fixed Term Professional Engineering Services for Coastal Zone Management Projects Contract ~1-3271. Sincerely yours, HUMISTON & MOORE ENGINEERS Kenneth K. Humiston, P.E. Agenda Item No. 16C5 April 13th, 2004 Page 3 of 3 EXECUTIVE SUMMARY Approve amendment to professional services agreement with Water Resource Solutions related to Aquifer Storage and Recovery of Reclaimed Water, RFP 99-2926, Project 74030. OBJECTIVE: To allow an increase to the rates listed in contact 99-2926, for engineering services related to drilling the reclaimed water Aquifer Storage and Recovery (ASR) well for this project. CONSIDERATIONS: On August 3, 1999, Agenda item 16(B)(23), the Board of County Commissioners approved the professional services agreement with Water Resource Solutions, RFP 99-2926. The work performed and completed includes a conceptual design report, test drilling, testing report, preliminary design, and permitting. This work was performed to determine the final design parameters for an ASR well. Subsequent to commencement of the work, the Board approved two amendments to the agreement. Amendment 1 for additional funds to extend the depth of the exploratory bore at the North County Water Reclamation Facility was approved on December 14, 1999, agenda item 16(B)13. The Board approved Amendment 2 to the agreement for additional engineering services related to relocation of the project site in February 2001. This amendment was concurrent with approval on February 27,2001 of an agreement between the City of Naples and Collier County, in which the proposed location of the ASR well was changed from the North County Water Reclamation Facility to the Pelican Bay Wellfield. Amendment 3 was approved by the Board on April 24, 2003, agenda item 16(C)(5) and provided additional engineering services to design and permit the ASR well, and to provide services during construction, testing, and operational permitting of the ASR well. We received the Florida Department of Environmental Protection (FDEP) permit for construction of the ASR well. Applications are submitted for permits related to site development of the proposed site. Amendment 4 will allow for the following: (1) Increase hourly rate identified in schedule B attachment II, Consultant' s employee hourly rate schedule. The consultant has not received a rate increase in the past three years. The new rate structure is comparable to other current County fixed term engineering contracts and is equitable based upon the extended amount of time required for siting and permitting for this project. (2) Amend Schedule B, basis of compensation, monthly billings. Lump sum items will be amended to time and material not to exceed. Staff requests approval to reallocate funds between tasks, and for other miscellaneous changes. There are funds available for tasks associated with Amendment 1, as this work will not be performed. Reallocation of funds, will allow for this proposed rate increase and other miscellaneous changes without exceeding the total contact amount of $1,242,405. A summary of total fees approved and proposed for this phase of the project are as follows: Agenda Item No. 16C6 April 13th, 2004 Page 1 of 7 Executive Summary Approve Amendment Page 2 Fees Scope of Services Original Agreement $361,077 Design, Test Drilling, Permitting Amendment 1 $69,052 Additional Test Drilling and Casing Amendment 2 $242,427 Relocate Test Drilling to New Site Amendment 3 $569,849 Design, Engineering Services during Construction, Testing, and operational permitting of an ASR well. Amendment4 $0 Hourly rate increase, amend basis of compensation. Total $1,242,405 Staff has negotiated the new proposed rates. These rates are comparable to other County fixed term engineering contracts and are fair and reasonable for the work performed. FISCAL IMPACT: Funds for this project are available in County Wastewater Capital Projects, FY 2004 budget, approved by the Board of County Commissioners on September 18, 2003, Agenda item 10(B). Source of funds are Wastewater User Fees. GROWTH MANAGEMENT IMPACT: This project is needed to meet current and future effluent management needs in the north wastewater service area, and is consistent with the 2002 Wastewater Master Plan adopted by the Board on February 25, 2003. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-Officio governing board of the Collier County Water-Sewer District (1) approve and authorize the Purchasing Director to execute the amendment to the Professional Services Agreement with Water Resource Solutions, Project 74030, and (2) allow reallocation of funds between tasks. Agenda Item No. 16C6 April 13th, 2004 Page 2 of 7 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C6 Aquifer Storage and Recovery of Reclaimed Water, RFP 99-2926, Project 74030. Approve amendment to professional services agreement with Water Resource Solutions related to Aquifer Storage and Recovery of Reclaimed Water, RFP 99- 2926, Project 74030. 4/13~2004 9:00:00 AM Prepared By Alicia Abbott, E.I. Public Utilities Project Manager Public Utilities Engineering Approved By William D. Mullin, PE Public Utilities Principal Project Manager Public Utilities Engineering Date 313012004 4:43 PM Approved By Roy B. Anderson, P.E. Public Utilities Public Utilities En~lineering Director Public Utilities Engineering Date 3/3012004 1:26 PM Approved By Joseph B. Cheatham Public Utilities Wastewater Director Date WasteWater Treatment 3131/2004 9:26 AM Approved By Steve Camell Administrative Services Purchasing/General Svcs Director Date Purchasing 4/1/2004 8:18 AM Approved By Thomas Wides Public Utilities Operations Director Public Utilities Operations Date 4/112004 9:22 AM Approved By James W. DeLony Public Utilities Public Utilities Administrator Public Utilities Administration Date 4/112004 12:23 PM Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Office of Management & Budget Date 4/212004 9:52 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/5/2004 4:16 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 4/6/2004 12:59 PM Agenda Item No. 16C6 April 13th, 2004 Page 3 of 7 Fro~olller County P~rchusir~ ~41 7~Z 0~44 C~mtr~et Am~dmmfl ~4 for CeMr~c~ 9~-2926 ~gimerl~ ~rvie~ for Rerl~imed W.~ Aqaff~r Stor~e ~d This amemlmi~ ~ November 24. 2003 ~ d~e refgrg~cgxl qp'ecm~t shall be by a~d between Ibc paz~m ~ ~ oz~g~.[ a~mez~, Watcr Resource $olmiom, lnc. (to be re.fred to as "ComrsctoO .ad CoRicr Coua~, Florida, (to bo re&trod to ~s ~. Statement of Understndin~ forme~ Lump Sum amounts bgcom~g ~ ~o F. amegda mounts. Duc to dag namr~ oF this comfit, the Consgltant is unable to mcct thc cormact de2iv~Ics schedule. CONTRACTOR the ,,,(¢?rporm ,s~}" OR ;. Agenda item No. 16C6 April 13th, 2004 Page 4 of 7 Ilaf-Z6-Oa 11:13 Free-(;ollle[ County PuTchaslnl ~1 132 0044 T-TOI P.OOt/ODI F-092 BOARD O1~ COUNTY COMMI$$IONF_,~ OF CO~ COlrN'rY, FLOR.tDA St~lmt~ ¥. C.m'nell Agenda Item No. 16C6 April 13th, 2004 F,a9~ 5 ,.,;' ? Schedule WATER RESOURCE SOLUTIONS, INC. STANDARD HOURLY RATE SCHEDULE Principal/Project Director Senior Scientist II Senior Hydrogeologist Senior Engineer Project Hydrogeologist Engineer II Hydrogeologist II Hydrogeologist I Project Scientist II Project Scientist I Senior Technician CADD Designer Support/Document Preparation $145/hour $135/hour $120/hour $115/hour $ 85/hour $ 90/hour $ 80/hour $ 75/hour $ 85/hour $ 75/hour $ 65/hour $ 55/hour $ .45/hour Agenda Item No. 16C6 April 13th, 2004 Page 6 of 7 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Reclaimed Water ASR BID/RFP #: 99-2926 MOD #: 4 PO #: 917297 Work Order #: PROJECT #: 74030 AMOUNT OF THIS CHANGE $ RFP# 99-2926 CONTRACT AMOUNT: ORIGINAL $ I~61~077 (STARTING POINT) CURRENT $ 91~242~405 (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $__$1,242,405. (I_A~T TOTAL AMI. REQUIRING BCC APPROVAL) Agenda Item # _16(C)5 Date of Last Bec Approval 4/24/2003 Percentage of the change over/under current contract amount 0 % Formula: (Current Amount/Last Bce approved amount)-1 Results and Actions: If the change exceeds 10% Bec approval is required; under 10% reported to BCC on Purchasing report. CURRENT: November 2006 CURRENT COMPLETION DATE (S): ORIGINAL: March 2006 SUMMARY OF PROPOSED CHANGE (S): ^mcndment 4 will allow for the for]owing: (1) [nc'rea.se hourly rate identified in schedule B attachment II, Consultant's employee hourly rate schedule. JUSTIFICATION FOR CHANGE (S): The consultant has not received a rate increase in the past three years. PARTIES CONTACTED REGARDING THE CHANGE: Water Resources Solutions, .Purchasin.q, Wastewater Operations, En.qineerinfl. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Y Proposed change is consistent with the scope of the existing agreement N Proposed change is in fact an addition or deletion to the existing scope _Y_ Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT MAI~I~ ECOMM ENDATION: APPROVE: (,~..~} -~_~~ _ Date: DISAPPROVE: Date: COMMENTS: Revised 8/22/03 Agenda Item No. 16C6 April 13th, 2004 Page 7 of 7 EXECUTIVE SUMMARY Approve emergency work orders and associated budget amendment for the repair of Injection Well No. I at the North Regional Water Treatment Plant in the amount of $1,150,350 for Project Number 71041'. OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the governing Board of the Collier County Water District approve Work Order Number 8 to Youngquist Brothers, Inc., in the amount of $1,064,000 and Work Order Number CDM-FT-04-10 to Camp Dresser and McKee (CDM) in the amount of $86,350 to fund and complete the repair of Deep Injection Well 1 at the North Regional Water Treatment Plant. CONSIDERATIONS: A failure of the casing in Deep Injection Well 1, located at the North Regional Water Treatment Plant, has caused the Water Department to stop utilization of this well. The well was placed into operation in 1996 when the Water Treatment Plant was expanded and is one of two wells that are used for the deep injection of the concentrate flow produced by the operation of the membrane softening and reverse osmosis treatment processes. The well is also used by the Wastewater Department to deep inject effluent during certain times of the year when no other means of disposal are available. Two deep injection wells are located at the North Plant as required by the Department of Environmental Protection and for reliability. The County has in place Contract #01-3193 with Youngquist Brothers, Inc., for Deep Injection Well Construction Services and has elected to utilize this Company due to their prior experience on this well. Timely completion of the repair is critical to the reliable operation of the North Regional Water Treatment Plant given the importance of this Plant to providing of potable water to our customers. The North Plant production capacity represents 62% of the overall system capacity. Previously the Board approved a repair to this well on June 18, 2002. The reason for the premature failing of the well is to be studied as part of the engineering work to be completed by CDM. ~lnne study will include a complete forensic analysis of the well to .determine the cause for this latest failure. FISCAL IMPACT: The fiscal impact associated with the approval of the two work orders and accompanying budget amendment is $1,150,350. A budget amendment is required to move funds to Project Number 71041 to pay for the repair of the injection well. Funding is available from the Water Capital Fund (412), which is funded by user fees. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with the approval of the two work orders and budget amendment. RECOMMENDATION: That the Board of County Commissioners, Ex-Officio, the governing Board of the Collier County Water District, approve Work order Number 8 to Youngquist Brothers, Inc., in the amount of $1,064,000 and Work Order Number CDM-FT-04-10 to Camp, Dresser and McKee in the amount of $86,350 and associated budget amendment. Agenda Item No. 16C7 April 13th, 2004 Page 1 of 7 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C7 Approve emergency work orders and associated budget amendment for the repair of Injection Well No. 1 at the North Regional Water Treatment Plant in the amount of $1,150,350 for Project Number 71041. Approve emergency work orders and associated budget amendment for the repair of Injection Well No. 1 at the North Regional Water Treatment Plant in the amount of $1,150,350 for Project Number 71041. 4/13/2004 9:00:00 AM Prepared By Pamela Libby Public Utilities Water Operations Manager Water Approved By Paul Mattausch Public Utilities Water Director Date Water 3/29/2004 8:20 AM Approved By Steve Carnell Administrative Services Purchasing/General Svcs Director Purchasing Date 3/29/2004 11:05 AM Approved By Thomas Wides Public Utilities Operations Director Public Utilities Operations Date 411/2004 4:59 PM Approved By Peter Schalt Public Utilities Senior Project Manager Public Utilities Engineering Date 4/112004 8:15 AM Approved By James W. DeLony Public Utilities Public Utilities Administrator Public Utilities Administration Date 4/2/2004 2:06 PM Approved By Roy B. Anderson, P.E. Public Utilities Public Utilities Engineering Director Public Utilities Engineering Date 4/Zt2004 8:16 AM Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Office of Management & Budget Date 4/512004 4:37 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 415/2004 5:01 PM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager County Manager's Office Date 4~6~2004 10:14 AM Agenda Item No. 16C7 April 13th, 2004 Page 2 of 7 TASK ORDER #08 Deep Injection Well Construction Dated April 10, 2001 (Contract #01-3193) This Task Order is for deep injection well services for work known as (Title): NCRWTP DEEP INJECTION WELL IW-1 EMERGENCY REPAIRS (Reason for Project}: To perform emergency repairs to Deep Inlection WelllW-1 to restore operability and requlatory compliance. The work is specified in the proposal dated March 247 2004, which is attached hereto and made a part of this Task Order. in accordance with the Terms and Conditions of the Agreement referenced above, Task Order #08 is assigned to Youngquist Brothers, Inc. Scope of Work: (List ali tasks: Task 1, Task 2, etc.) Task I - Annulus Test & Flush Task 2 - Video Log Task 3 - Mobilization/Demob Rig Schedule of Work: Complete work Proceed authorizing start of work. within Task 4 - Video Survey Task 5 - Packer TUbing Task 6 - Remove/Replace Tubing 90 days from receipt of the Notice to Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump'sum amount indicated in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). Fund 412-273512-71041 (List all Tasks) Task I @ L.S.- ........................................................ $ 1,000.00 Task 2 @ L.S.- ........................................................ $ 4,500.00 Task3 @ L.S.- ........................................................ $ 33,000.00 Task 4 @ L.S.- ........................................................ $ 4,500.00 Task 5 @ T&M, NTE .................................................. $ 7,500.00 Task 6 @ L.S.(Optional, Only if deemed necessary*) ....... $1~013,500.00 Total $1,064,000.00 *Director of Engineering, Roy Anderson, to make determination of requirement to perform Task 6 after performance of Task I - 5 and in concert with recommendations from Camp, Dresser and McKeeo Roy Anderson's authorization must be in writing. Any change within monetary authority of this Task Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A' of the Aoreement. PREPARED BY:~~ --~~ ~ ~y: W~t~.~erations Manager ~au~ ~attausch, Water Director REVIEWED BY: James. W. DeLony, P.E., Public Uti.I Administrator ATTEST: Dwight E. Brock, Clerk Date Date Date BOARD OF COUNTY COMMISSIONERS Collier County, Florida By: By: Deputy Clerk Approved as to Form and Legal Sufficiency: AsSistant County Attorney Date: Donna Fiala, Chairman Agenda Item No. 16C7 April 13th, 2004 Page 3 of 7 Youngatti~t Rrnth~re. . ' ' "t~a~ ~;)11 College ~, Sui~ 1 Fo~ MilerS, Fl. 33819 Mar~ 25, 2(X~ Mr. Pete Schalt Collier County Public Utilities Engineering 3301 East Tamiami Trail, Building H Naples, FL 34112 NCRWTP IW-1 Well Assessment & Modifications Youngquist Brothers, Inc. proposal CDM has reviewed the cost proposal from Youngquist Brothers, Inc., (YBI), dated March 24, 2004, for the evaluation of the injection well leak and tubing replacement. It is our opinion that the proposed costs are fair and reasonable, based on the costs for similar tubing replacement jobs. The increase in the cost for the tubing replacement from that of the previous replacement ($829,000 vs. $650,000) primaffiy reflects the increased ~ casing compared to sl~L It is also important to note that the cost of steel has increased significantly this past year and it would not be possible to replace the tubing with steel again for $650,000. Concerning the replacement tubing design and installation, a cement-filled annulus is an attractive design in that it would be expected to result in a well that is t~ouble free as far as mechanical integrity. The design results in three layers of protc:~don, (1) the fl"verglass tubing, (2) cement layer, and (3) injection casing. According to YBIs proposal, the cement-filled annulus would cost $184,000 less than a fluid-hllocl annulus. There are disadvantages to a cemented ~lod annulus, as follows: 1) Delay in permitting,. Joe Haberfeld (FDEP Tallahassee) indicated that he is 98% sure it would be a major modification, which involves public notice and a meeting. It would therefore take at least 4-6 months to get the permit in hand. 2) Loss of capacity. The decrease in tubing capacity would decrease well capacity from 7.93 to 7.37 MgcL 3) Additional mechanical integ~ty tests. As an alternative design, MITs will be required every Z5 years and would be more expensive as a drill rig will have to be mobilized to set Agenda Item April 13th, 2004 Page 4 of 7 IVir. Pete Sc_halt Page 2 a packer. The savings from the installation of a cement-filled annulus would be offset by the increased MIT costs. It is CDM's opinion, that there is not an over-riding technical preference for a cement~d-filled versus wal~r-filled annulus design. The County's r~.~'~l to get the repair complel~ed as quickly as possible would result in the traditional fluid-filled annulus being the preferred design option, if in fact the test results indicate that replacement of the tubing is necessary. Please do not hesitate to contact Gordon Kennedy or me if you have any questions or need additional information. Very truly yours, Robert G. Maliva, Ph.D., P.G~ Senior Hydrogeologist Camp Dresser & McKee Inc. Agenda Item No. 16C7 April 13th, 2004 Page 5 of 7 WORK ORDER #CDM-FT-04-10 Agreement for Fixed Term Professional Engineering Services Dated April 10, 2001 (Contract #00-3119) This Work Order is lor professional engineering services for work known as (Title):. NCRWTP DEEP INJECTION WELL IW-1 EMERGENCY REPAIRS (Reason for Project): To perform emer,qency repairs to Deep Injection Well IW-1 to restore operability and re,qulatory compliance. The work is specified in the proposal dated March 23~ 2004, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order #CDM-FT-04-10 is assigned to Camp Dresser McKee. Scope of Work: (List all tasks: Task 1, Task 2, etc.) Task lA - Technical Oversight Task lB - Inspection Services @ Testing Task lC - FDEP Permitting Task 2 - Inspection Services @ Repair Task 3 - Well Failure Assessment Task 4 - Additional Services Schedule of Work: Complete work within 240 days from receipt of the Notice to Proceed authorizing start of work. Compensation: in accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount indicated in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). Fund 412-273512-71041 Task lA Thru lC @ L.S. Task 2 @ L.S. Task 3 @ T&M NTE Task 4 @ T&M NTE Total Lump Sum (List all Tasks) $16,500.00 $ 9,850.00 $40,000.00 ~20,000.00 $86,350.00 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Sche'dule "A" of the Agreement.. PREPAREDBY: ~~ ~ ~~ AS.~nt water DirectOr Date Date ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS Collier County, Florida By: Deputy Clerk Approved as to Form and Legal Sufficiency: Assistant County Attorney Date: ATTgRT' By: Donna Fiala, Chairman Agenda Item No. 16C7 April 13th, 2004 Camp Dresser Mcltfe'~ge i5 of 7 ~ Flm*k~ 34117 Youngqukt Brothm, Inc. 1~16~ Pine RMge Road Fort Myers, Florida 33908 239-~9=4444 The lump snmp~ m ~.~ve and n~ce the robing inclmks a c~ted _ .~.~ (c~nenting ~ ifa ,m ..,~_ tilled ~,,,,~ ~ imx~ add an edditJoml $1S4,ooo.oo to d~e above ~ (',~m 6'). . Req~,i!y, Agenda Item No. 16C7 April 13th, 2004 Page 7 of 7 EXECUTIVE SUMMARY Approval to transfer matching funds in the amount of $48,700 from Water Pollution Control Fund (114) to Miscellaneous Grants Fund (116) and also to recognize revenue for the Golden Gate Groundwater Baseline Monitoring Program Contract C-15055 with the South Florida Water Management District Big Cypress Basin for Miscellaneous Grants Fund (116) in the amount of $48,700 (Total program expenses $97,400) OBJECTIVE: To have the Board of County Commissioners (BCC) approve the transfer of funds in the amount of $48,700 from Water Pollution Control Fund (114) to Miscellaneous Grants Fund (116) and recognize revenue for the Golden Gate Groundwater Baseline Monitoring Program Contract C-15055 .for Miscellaneous Grants Fund (116) in the amount of $48,700. CONSIDERATION: Funding for Contract C-15055 is from a 50% cost-sharing project with the South Florida Water Management District Big Cypress Basin which the Collier County Board of Commissioners approved on September 9, 2003. Professional Service Industries (PSI) will collect and analyze chemical and biological parameters in groundwater in the Golden Gate Estates Area. This assignment will develop data that will serve as baseline conditions when compared to the same parameters measured at future dates. The Golden Gate Groundwater Baseline Monitoring will allow Collier County to determine how development in Golden Gate Estates is impacting groundwater. In FY 2004, $90,000 was budgeted for the National Pollutant Discharge Elimination System (NPDES). The department's cost for NPDES is now expected to be $60,000 and the remaining $30,000 will be available for the Golden Gate Baseline Monitoring Program contract. The remaining balance of $18,700 for the contract will be taken from Reserve for Contingencies. In order to implement this contract funds in the amount of $48,700 need to be transferred from the Water Pollution Control Fund (114) to the Miscellaneous Grants Fund (116) for tracking purposes. FISCAL IMPACT: Total expenditures for this program are estimated to be $97,400 and will be funded in the FY03/04 budget from Miscellaneous Grants Fund (116). GROWTH MANAGEMENT IMPACT: This is consistent with and necessary to implement Objective 3.4, Policies 3.4.1 and 3.4.2 contained within the Conservation and Coastal Management element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: Approve the transfer of matching funds in the amount of $48,700 from Water Pollution Control Fund (114) to Miscellaneous Grants Fund (116) and als() recognize revenue for the Golden Gate Groundwater Baseline Monitoring Program Contract C-15055 for Miscellaneous Grants Fund (116) in the amount of $48,700. Agenda Item No. 16C8 April 13th, 2004 Page 1 of 2 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C8 Approval to transfer funds Approval to transfer funds in the amount of $48,700 from Water Pollution Control Fund (114) to miscellaneous grants fund (116) and to recognize revenue for the Golden Gate Groundwater Baseline Monitoring Program Contract C-15055 with the South Florida Water Management District Big Cypress Basin for miscellaneous grants fund (116) in the amount of $48,700 4/13/2004 9:00:00 AM Prepared By Mary Cornelisse Public Utilities Operations Supervisor Pollution Control & Prevention Approved By Ray Smith Public Utilities Director Date Pollution Control & Prevention 313012004 2:23 PM Approved By Thomas Wides Public Utilities Operations Director Public Utilities Operations Date 4/1/2004 9:15 AM Approved By James W. DeLony Public Utilities Public Utilities Administrator Public Utilities Administration Date 41112004 2:55 PM Approved By Randy Greenwald Board of County Commissioners Management/Budget Analyst Office of Management & Budget Date 4/6/2004 1:43 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/612004 4:32 PM Approved By · James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 4/6/2004 4:56 PM Agenda Item No. 16C8 April 13th, 2004 Page 2 of 2 EXECUTIVE SUMMARY Award bid # 04-3577 to Professional Services Industries, Inc. for the Golden Gate Groundwater Baseline Monitoring Program in the amount of $60,645 OBSECT1VE: Board approval to award the bid and authorize Professional Services Industries, Inc. (PSI) to collect and analyze chemical and biological parameters in groundwater in the Golden Gate Estates Area. This assignment will develop data that will serve as baseline conditions when compared to the same parameters measured at future dates. The Golden Gate Groundwater Baseline Monitoring will allow Collier County to determine how development in Golden Gate Estates is impacting groundwater. CONSIDERATIONS: The bid invitations were publicly posted on November 5, 2003 for the environmental sampling, analysis and reporting services, and notification of the posting was sent to 222 firms. Sealed bids for the environmental sampling, analysis and reporting services were opened at 2:30 p.m. on November 21, 2003. Bids were received from eight firms. The bids were evaluated based on the lowest total cost for meeting all the tasks described in the bid documents. On the attached bid tabulation, Professional Services Industries, Inc. was the lowest, qualified and responsive bidder. Funding for this purchase is from a 50% cost-sharing project with the South Florida Water Management District Big Cypress Basin Cooperative Agn'eement, Contract No. C-15055 approved by the Collier County Board of Commissioners on September 9, 2003. There is a companion item on this agenda that provides for a maximum of $97,400 for the Golden Gate Groundwater Baseline Monitoring Program. Approval of this bid will obligate $60,645 of the available budget for this program. FISCAL IMPACT: Funds are available in the Miscellaneous Grants Fund (116). GROWTH MANAGEMENT IMPACT: This is consistent with and necessary to implement Objective 3.4, Policies 3.4.1 and 3.4.2 contained within the Conservation and Coastal Management element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners award bid #04-3577 Golden Gate Groundwater Baseline Monitoring to Professional Services Industries, Inc. in the amount of $60,645. Agenda Item No. 16C9 April 13th, 2004 Page 1 of 8 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C9 Award bid#04-3577 Award bid # 04-3577 to Professional Services industries, inc. for the Golden Gate Groundwater Baseline Monitoring Program and approve the associated budget amendment in the amount of $60,645 4/13/2004 9:00:00 AM Prepared By Mary Cornelisse Public UtiliUes Operations Supervisor Pollution Control & Prevention Approved By Ray Smith Public Utilities Director Date Pollution Control & Prevention 3/3012004 2:22 PM Approved By Steve Carnell Administrative Services Purchasing/General Svcs Director Date Purchasing 4/1/2004 8:13 AM Approved By Thomas Wides Public Utilities Operations Director Public Utilities Operations Date 4~t/2004 12:16 PM Approved By James W. DeLony Public Utilities Public Utilities Administrator Public Utilities Administration Date 4/112004 2:56 PM Approved By Randy Greenwald Board of County Commissioners Management/Budget Analyst Office of Management & Budget Date 41612004 1:31 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 41612004 4:33 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 4/7/2004 8:46 AM Agenda Item No. 16C9 April 13th, 2004 Page 2 of 8 ~ 0 ~ 0 {21 ,~.- 0~I o,.) ~,~ g ~ o:o~o~ o o o o~ ............... ~ o ooo~o~ ZZZZZ:~ZZZ ~olooooOo~ ~OOo ,~ooooooo:ooooooooo .o~o o o o o o~ o o o o~ :~ ~o o o'o o o O;ot 'oooooooooo0oooooo . 0 0 0~0/ EXECUTIVE SUMMARY Approve a Work Order, under Contract # 01-3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, with Humiston & Moore Engineers, Inc. for the Annual Monitoring of Hideaway Beach and T-Groins 2004, Project 90540, in the Amount of up to $87,000; Approve a Budget Amendment to Move Funds which were Placed in the Wrong Project Number to this Project 90540, in the Amount of $95,000 OBJECTIVE: To obtain Board of County Commissioners approval of 1) a Work Order with Humiston & Moore Engineers, Inc. to perform surveys and provide an engineering report in the amount of up to $87,000, and 2) a Budget Amendment for transferring misallocated funds from another project into this project. CONSIDERATIONS: A Request for Proposal (RFP) 01-3271 was issued on July 25, 2001 for qualified firms capable of providing engineering services for coastal zone management projects. The scope of the RFP was "for the purpose of establishing a two (2) year contract with two (2), one-year renewal options with up to three (3) firms". On October 9, 2001, Agenda Item 16.C.2, the Board of County Commissioners (BCC) approved the short list of firms, from nine proposals, as follows: Humiston & Moore Engineers, Coastal Planning and Engineering (CPE) and Taylor Engineering. On October 28, 2003, Agenda Item 16.A. 17, the BCC approved the Hideaway Beach Annual Monitoring 2004 project with a budget of $95,000, which was mistakenly placed into Hideaway Beach Monitoring 2003 (Project 90006) instead of the correct Hideaway Beach Monitoring 2004 (Project 90540) within the TDC Beach Renourishment Fund (Fund 195). On December 16, 2003, a TDC Category "A" funding policy was adopted by the Board [agenda item 10.K]. Though the policy may make future monitoring of Hideaway Beach ineligible, the 2004 monitoring is required, by permit, to be done in April and November 2004. Humiston & Moore Engineers, Inc. has submitted a proposal in the amount of $85,252 for the annual monitoring of the Hideaway T-groins and beach. On January 8, 2004, the Coastal Advisory Committee recommended the approval of this work order under the existing budget an'd the Tourist Development Council made the same recommendation on January 26, 2004. This f'mn received work orders worth approximately $335,000 during the fa:st year of their contract, approximately $375,000 in the second year of their contract, and just over $40,000 in the current year of their contract. FISCAL IMPACT: Funds in the amount of $95,000 are available in the Hideaway Beach Monitoring 2003 Project (900061), which will be transferred to the Hideaway Beach Monitoring 2004 Project (905401). Source of funds is the Tourist Development Tax. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. Agenda Item No. 16C10 Apdl 13th, 2004 Page I of 5 Executive Summary Approve Work Order for Hideaway Beach T-Groin Monitoring 2004 Page 2 RECOMMENDATION: That the Board of County Commissioners 1) authorize the execution of this project with 100% Tourist Tax funding recognizing the future efforts will likely be cost-shared; 2) authorize a work order, under contract # 01-3271 with Humiston & Moore Engineers, Inc., for up to $87,000, and authorize the Public Utilities Administrator to finalize negotiations and execute the work order, and 3) approve a Budget Amendment for transferring misallocated funds from the Hideaway Beach Monitoring 2003 Project into this Hideaway Beach Monitoring 2004 Project. Agenda Item No. 16C10 April 13th, 2004 Page 2 of 5 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C10 Approve a Work Order with Humiston & Moore Engineers, Inc. for the Annual Monitoring of Hideaway Beach and T-Groins 2004, Project 90540, in the Amount of up to $87,000 Approve a Work Order, under Contract # 01-3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, with Humiston & Moore Engineers, Inc. for the Annual Monitoring of Hideaway Beach and T- Groins 2004, Project 90540, in the Amount of up to $87,000; Approve a Budget Amendment to Move Funds which were Placed in the Wrong Project Number to this Project 90540, in the Amount of $95,000 4/13/2004 9:00:00 AM Prepared By Paul Kwa Public Utilities Project Manager Public Utilities Engineering Approved By Ron Hovell Public Utilities Special Projects Manager Public Utilities Engineering Date 3/29/2004 12:21 PM Approved By Steve Carnell Administrative Services Purchasing/General Svcs Director Purchasing Date 3/29/2004 11:06 AM Approved By Roy B. Anderson, P.E. Public Utilities Public Utilities Engineering Director Public Utilities Engineering Date 3/30/2004 1:03 PM Approved By Thomas Wides Public Utilities Operations Director Public Utilities Operations Date 3~30~2004 2:13 PM Approved By James W. DeLony Public Utilities Public Utilities Administrator Public Utilities Administration Date 4/1/2004 2:51 PM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 4/5/2004 5:43 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/5/2004 5:49 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/6/2004 12:54 PM Agenda Item No. 16C10 April 13th, 2004 Page 3 of 5 HUMISTON & MOORE ENGINEERS COASTAL ENGINEERING DESIGN AND PERMITTING 5679 STP./~ID COURT NAPLES, FLORIDA 341 I 0 FAX: 239 594 2025 PHONE: 239 594 2021 December 12, 2003 Mr. Ron Hovell, P.E. Office of Capital Projects Management 3301 E. Tamiami Trail Naples, FL 34112 Re: Proposal for Monitoring of the Hideaway Beach T-Groin Project Performance: April 2004 and November 2004, (7~h year monitoring) Continuing Services Contract RFP-01-3271 HM File No. 13-075 Dear Mr. Hovell, As requested, we are providing you with this proposal for the continued monitoring of the T- groins and comprehensive monitoring of the Hideaway Beach shoreline. Specifically, we are providing you with this proposal for the April 2004 and November 2004 monitoring of the performance of the Marco Island T-Groin Project, as required by DEP to satisfy the monitoring requirements of the temporary installation. Monitoring requirements were negotiated between the DEP Office of Beaches and Coastal Systems (now the Bureau of Beaches and Wetland Resources), the Florida Game and Fresh Water Fish Commission (now the Fish and Wildlife Conservation Commission) and the U.S. Fish and Wildlife Service, as detailed below. Scope of Work: Task A: Surveys are required for post construction, 6-months and thereafter at 6-month intervals for 7 years, comprising a total of 15 surveys. This work will constitute the 7~h year of monitoring. The full scope of work consists of surveying a total of 41 beach profiles along Hideaway Beach, 10 profile lines within the entrance to Collier Bay, 2 profiles which extend north and west of Coconut Island and coverage around and across Coconut Island. These surveys have eliminated the 22 profiles previously collected further inside the inlet and bay area (C-11 through C-32), due to the documented stability of the channel in those areas. Task B: Compaction testing will be performed by Collier County prior to the 2004 turtle nesting season and the data is to be provided to Humiston & Moore Engineers for inclusion in the annual report to DEP. Task C: Monitoring reports and project performance assessments are required annually. A report will be prepared following the November 2004 survey. Page 1 of 2 Agenda Item No. 16C10 April 13th, 2004 Page 4 of 5 Task D: Additional Services, to be provided on a time and materials basis, will include meetings with County staff, Coastal Advisory Council, or with representatives of Hideaway Beach regarding performance of the structures, or any other tasks required by the county which are not specifically included in Tasks A through C. A budget of $7,000 is recommended for this task. Should additional services requested by the county exceed this budget, a request for a contract amendment to perform such services will be submitted to Collier County for approval prior to conducting those services. The costs associated with the surveys and reports are listed for the year 2003: (Task) Description. Annual Cost (A): Surveys (2) $58,578 (B): Compaction Testing for Report (Completed by Collier County) (C): Analysis & Report (2 full copies, 13 without appendices) 19,674 (D): Additional Services, Meetings, Presentations... 7,000 Total: Basic and Additional Services (Tasks A through D) ~ We propose to provide the services for tasks A, B and C above on a lump sum basis, billed on a monthly as percentage complete. We propose to use Sea Systems Corporation (SSC) as our subconsultant to collect the hydrographic and beach profile data. Additional Services (Task D) will be billed on a time and materials basis in accordance with Schedule A-l, Contract Amendment No. 2. Should you have any questions regarding this request, please give us a call. Sincerely yo~~......~ Brett D. Moore, P.E. Enclosures Page 2 of 2 Agenda Item No. 16C10 April 13th, 2004 Page 5 of 5 EXECUTIVE SUMMARY Authorize Finalization of Negotiations and approval by the Public Utilities Administrator of an engineering services work order under contract # 01-3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, with Coastal Planning & Engineering Inc. for Annual Monitoring of the County and Naples Beaches Major Renourishment (Project 90536) in an amount not to exceed $75,000 OBJECTIVE: To obtain the Board of County Commissioners' approval of a work order with Coastal Planning & Engineering, Inc. (CP&E) for performing surveys and providing an engineering report, in an amount not to exceed $75,000. CONSIDERATIONS: CP&E has submitted a proposal dated March 5, 2004 for the annual monitoring (surveying) of the beaches from monument R-23 in Delnor-Wiggins State Park to approximately one mile south of 21st Avenue South in Naples (monument R-85). This monitoring is not only necessary as the design base of the upcoming renourishment, but also to stay in compliance with the existing Florida Department of Environmental Protection (FDEP) permits. The cost proposal outlines surveying work required by the two applicable FDEP Dredging Permits (#DBS9A0308CO and #112544739). CP&E will reduce field data and prepare a report and a compact disc in FDEP-required format. Comparison of these with past data will indicate shoreline changes and beach sand volume changes. CP&E will also make a presentation, if requested, of the findings to the Coastal Advisory Committee or other pertinent Board or Committee. On February 12, 2004, the Coastal Advisory Committee recommended the approval of this work and the Tourist Development Council also recommended the work on February 23, 2004. FISCAL IMPACT: The attached proposal shows that the work can be accomplished for an amount not to exceed $75,000. The source of funds is the Tourist Tax and funds are available in the project budget. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners authorize the Public Utilities Administrator to finalize negotiations and execute a work order, under contract 4/01- 3271 with Coastal Planning & Engineering, Inc. to perform the annual monitoring of the Naples and Collier area beaches, for an amount not to exceed $75,000. Agenda Item No. 16Cll April 13th, 2004 Page I of 5 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16Cll Annual Monitoring of the County and Naples Beaches Major Renourishment (Project 90536) Authorize Finalization of Negotiations and approval by the Public Utilities Administrator of an engineering services work order under contract # 01-3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, with Coastal Planning & Engineering Inc. for Annual Monitoring of the County and Naples Beaches Major Renourishment (Project 90536) in an amount not to exceed $75,000 4/13/2004 9:00:00 AM Prepared By R. Shane Cox, P.E. Public Utilities Senior Project Manager Public Utilities Engineering Approved By Ron Hovell Public Utilities Special Projects Manager Public Utilities Engineering Date 3/30/2004 10:37 AM Approved By Roy B. Anderson, P.E. Public Utilities Public Utilities Engineering Director Public Utilities Engineering Date 3130/2004 1:28 PM Approved By Thomas Wides Public Utilities Operations Director Public Utilities Operations Date 3/30/2004 2:16 PM Approved By Steve Carnell Administrative Services Purchasing/General Svcs Director Purchasing Date 4/1/2004 4:36 PM Approved By James W. DeLony Public Utilities Public Utilities Administrator Public Utilities Administration Date 4/2/2004 2:07 PM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 415/2004 5:08 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 41512004 5:41 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4~6~2004 3:17 PM Agenda Item No. 16Cll April 13th, 2004 Page 2 of 5 8~ ANNUAL MONITORING REPORT AND SURVEY (FY 2004) COLLIER COUNTY BEACH RESTORATION PROJECT SCOPE OF PROFESSIONAL SERVICES March 5, 2004 Introduction: This is a scope of work for coastal engineering and survey services required to monitor the beach eight years after construction of the Vanderbilt, Park Shore and Naples Beaches Segments. The monitoring area extends from the Delnor-Wiggins State Park to one mile north of Gordon Pass, and consists of 85 profile lines. Monitoring provides information on the project performance necessary to predict the timing of renourishment, measure the performance, and provide technical information for future engineering. The services include onshore and hydrographic profile surveys and preparation of a monitoring report. The results of the survey will be used to prepare plans for renourishment. The lump sum fee is $73,810. 1. Beach Profile Survey $58,548 CPE will survey 69 primary FDEP beach profiles and 16 intermediate/supplemental beach profiles, using the statewide coastal monitoring program/regional data collection and processing plan standards, March 2001, between Department of Environmental Protection's DNR reference monument R-17 through reference monument R-85, which extends from the Delnor-Wiggins State Park to approximately one mile north of Gordon Pass. These profiles will be measured along the same azimuth previously surveyed and commence at a point landward of the 1996 beach fill and extend seaward to a depth of -16.0 feet NGVD, or a minimum of 2000 feet seaward of the mean high water, whichever is the greater distance. The survey will take place in April/May 2004. Prior to the start of the survey, a reconnaissance will be made to confirm that the control points are still in place and undisturbed. RTK (Real Time Kinematics) GPS will be used for placement of new control points as well as bonfh'ming some control points from previous surveys. These monuments will be constructed out of a durable recycled material 36 inches long with a 5/8 iron rod inside with a stamped brass disk attached. Using a site calibration method, control points will be set with a closure tolerance required for 3ra order accuracy. The onshore or beach profile portion of the survey will commence at the monument, top of seawall, or landward limit of the 1996 fill (which ever is seaward) and extend seaward to a point overlapping the offshore component of the survey at a depth of between -3 and -6 ft NGVD. A survey truck is the desired support vehicle, although an ATV with tire pressures less than 10 psi can be used to support dry beach survey activities. Data will be collected with standard differential leveling techniques using automatic level, twenty-five (25) foot fiberglass survey rod, and laser range finder with prism. Elevations will be taken at approximately twenty-five (25) foot intervals along each profile line and at all grade breaks or inflection points. Sufficient data will be collected along each profile to adequately define significant features such as the vegetation line, dune crest, seawalls, swales and erosion scarps. Each profffle will begin at the designated monument and run via a closed Agenda Item No. 16Cll April 13th, 2004 Page 3 of 5 Scope of Services Collier County 8th Year Monitoring Survey and Report Page 2 level loop with closure tolerances not exceeding .05 feet. The seaward limit of each onshore line will be overlapped with the landward limit of the hydrographic survey by a minimum of fifty feet. During the hydrographic survey, depths will be collected at approximately twenty foot intervals with final processed data reflecting a maximum interval of fifty feet. The hydrographic survey will be conducted using a survey launch (boat) with centrally mounted transducer. The positioning of the survey vessel is on a predetermined grid azimuth using a Trimble real-time Differential Global Positioning System (DGPS) with differential corrections provided via Coast Guard Beacon (Tampa). Vessel navigation will be controlled by the Coastal Oceanographics "HYPACK" system. Horizontal positioning checks will be conducted at the beginning and end of each day using fixed objects or known control points to verified position. Soundings will be collected using an Innerspace model 448 with digitizer Fathometer. The fathometer will be calibrated prior to the start of the survey following manufacturer recommended procedures, including a bar check at the start and end of the each day. Bar checks will be performed from a depth of four (4) feet to a maximum depth of sixteen (16) feet. Analog data showing the results of the bar check calibration will be displayed on the Fathometer charts at five (4) foot increments during descent and ascent of the bar. Supplemental calibrations will be made by use of a velocity meter. Tide levels and corrections will be made from observations of a stilling well attached to a survey rod at various locations along project site. Horizontal position accuracy will be verified using published control points. Intermediate Lines and Pile Cluster Evaluation Surveys supplement the primary FDEP survey lines. These surveys will extend offshore to a depth of-16 feet NGVD or 2,000 feet, whichever is greater. a. Park Shore has eight intermediate prot-fle locations that will be surveyed and evaluated along with the primary FDEP profiles located between R49 and Doctors Pass. The extra prot-des are used to evaluate the impact of the Doctors Pass north jetty extension and the performance of the unfilled beach segments. b. Pile Cluster Evaluation: Eight (8) additional profiles will be surveyed to support monitoring of the Pile Cluster Groin on Naples Beach. These lines will be taken at 200-foot intervals from the pile cluster. 2. Monitoring Report Preparation $ s,262 An engineering report will be prepared that compares annual monitoring results to the previous year (July 2002) and post-construction conditions. The changes in shoreline width, beach sand volume, and other pertinent beach characteristics will be described and illustrated in tables and figures. The present condition of the beach will be compared with the 1995 shoreline and a 100-foot beach width standard. The engineer will attend a CAC or other meeting, if requested, to present the results from the annual monitoring report. Agenda Item No. 16C11 April 13th, 2004 Page 4 of 5 Scope of Services Collier County 8th Year Monitoring Survey and Report Page 3 The monitoring report will use the preliminary design standards developed last year as a basis for measuring the project performance and identifying erosion hot spots. The performance standards are the added and total beach width standards described in the 6-year monitoring report. All survey data and new survey control information shall be submitted in ASCII format to FDEP. The digital data shall be formatted according to the FDEP specifications. Fifteen copies of the report will be prepared for the County and FDEP needs. F:~CPEX_Proposals\Collierk2004 Proposals\g-Year Monitoring Scope.doc Agenda Item No. 16Cll April 13th, 2004 Page 5 of 5 EXECUTIVE SUMMARY Approval of real estate incentives to aid the purchase for beach and boat access. OBJECTIVE: To acquire land while it is still available for the purposes of recreational beach and boat access. CONSIDERATION: The Board of County Commissioners approved a Beach and Boat Access Master Plan in May 2003. Outlined in that plan was a recommendation to purchase key parcels adjacent to Bayview Park as a means to further the plan. Presently, some of these parcels are vacant while others have older homes. In an effort to gain these parcels under contract prior to re-development occurring in this area, staff is requesting authority to utilize creative real estate incentives including, but not limited to the following as a means to avoid eminent domain: 1) Lease back options; 2) Negotiate purchase offers that exceed market value; 3) Pay seller's household moving costs; and 4) Contribute to the closing costs of seller's replacement property. All purchase contracts will be presented individually to the Board of County Commissioners for approval. Presently, there is a developer building a speculation home; therefore, time is of the essence. If this land is purchased, it will provide the parking for beach access to Keewaydin Island as well as boat launch parking consistent with Bayview Park. GROWTH MANAGEMENT: This is consistent with the Growth Management Plan to provide beach and boat access to meet the community's needs. FISCAL IMPACT: Funds are available in Regional Park Impact fees (2.2 million dollars) as well as the $700,000 contributed as part of the Heritage Bay DRI. RECOMMENDATION: To authorize staff to negotiate the purchase of properties utilizing real estate incentives, and approve a budget amendment placing said funds in a project account from the respective reserves. Agenda Item No. 16D1 April 13th, 2004 Page I of 2 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16D1 Beach and Boat Access Approval of real estate incentives to aid the purchase of property for beach and boat access. 4113/2004 9:00:00 AM Prepared By John Dunnuck Public Services Public Services Administrator Public Services Admin. Approved By Len Golden Price Administrative Services Administrative Services Administrator Administrative Services Admin. Date 3/31/2004 4:08 PM Approved By Charles E. Carrington, Jr., SPJ WA Administrative Services Real Estate Services Manager Facilities Management Date 3/3112004 8:19 AM Approved By Skip Camp, C.F.M. Administrative Services Facilities Management Director Facilities Management Date 3/31/2004 9:19 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/5/2004 5:13 PM Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Office of Management & Budget Date 41512004 1:27 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 415/2004 6:00 PM Agenda Item No. 16D1 April 13th, 2004 Page 2 of 2 Approve the Summer $462,000 EXECUTIVE SUMMARY Food Service Program Grant in the Amount of Objective: To provide free nutritious meals during the summer to Collier County children living in disadvantaged neighborhoods. Considerations: The Summer Food Service Program is a grant funded by the United States Department of Agriculture Food and Nutrition Service and administered by the Florida Department of Education. The purpose of the program is to ensure that children can receive the same high quality meals during the summer as provided by the schools during the school year. The grant reimburses agencies that serve free meals to children eighteen years and under in neighborhoods that qualify. Neighborhood eligibility is determined by census income data or by the percentage of children who receive free and reduced meal service during the school year. All of Immokalee and Everglades City and many neighborhoods in the Naples area are eligible. Staff has successfully administered the Summer Food Service Program for the past twenty years in conjunction with the summer camp program. In 2003 the grant provided 112,480 breakfasts, 109,790 lunches, and 2,402 snacks for a total reimbursement of $382,361. This summer the program will provide an estimated 120,000 breakfasts, 120,000 lunches and 4,000 snacks. School personnel prepare and dehver the lunches under the supervision of County staff. The County will be reimbursed based on the number of meals served and the costs of administering the program. Fiscal Impact: The program is budgeted under the FY 04 Food Grant Fund in the amount of $462,000. The State will reimburse the County for 100% of expenses. Growth Mana,qement Impact: No Growth Management Impact is associated with this action. Recommendation: Staff recommends that the Board of County Commissioners approves the Summer Food Service Program grant and authorize the chairman to sign the attached agreement. Submitted by: Reviewed by: Date: Amanda O. Townsend, Operations Coordinator Parks and Recreation Department Marla O. Ramsey, Director Parks and Recreation Department Date: Agenda Item No. 16D2 April 13th, 2004 Page 1 of 5 Approved by: John Dunnuck, Administrator Division of Public Services Date: Agenda Item No. 16D2 April 13th, 2004 Page 2 of 5 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16D2 Approve the Summer Food Service Program Grant in the Amount of $462,000 Approve the Summer Food Service Program Grant in the Amount of $462,000 4/13/2004 9:00:00 AM Prepared By Amanda Townsend Public Services Operations Coordinator Parks and Recreation Approved By Maria Ramsey Public Services Parks & Recreation Director Parks and Recreation Date 313112004 3-11 PM Approved By Amanda Townsend Public Services Operations Coordinator Date Parks and Recreation 3131/2004 2'56 PM Approved By John Dunnuck Public Services Public Services Administrator Public Services Admin. Date 4~5~2004 7:49 AM Approved By Gary A. Vincent County Manager's Office Management & Budget Analyst Office of Management & Budget Date 4/6/2004 1:15 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/612004 4:39 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 416/2004 5:10 PM Agenda Item No. 16D2 Apdl 13th, 2004 Page 3 of 5 °L 0~,- ~>o 0~0 o o o L,L UJ EXECUTIVE SUMMMARY Direct Staff Not to Pursue a Feasibility Study of the Wiggins Pass Marina Property. OBJECTIVE: To develop beach and boat access facihties. CONSIDERATION: The Board of County Commissioners directed staff to look into the feasibility of a water park at the Wiggins Pass Marina property following a public petition at the March 23, 2004 meeting. Before conducting an analysis, staff received a letter from the owner expressing that the property was not for sale because it was presently under contract. Further, the contract representative indicated that the contract was not available for discussion. Recognizing that the property is not available and that it may potentially come back to the Board for rezone, it is staff' s recommendation not to pursue a feasibility study at this time. GROWTH MANAGEMENT: Growth Management Plan. This property is not presently inventoried in the FISCAL IMPACT: There is no fiscal impact. RECOMMENDATION: analysis at this time. That the Board direct staff not to continue with a feasibility SUBMITTED AND APPROVED BY: John Dunnuck, Administrator Division of Public Services DATE: Agenda Item No. 16D3 April 13th, 2004 Page I of 3 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16D3 Direct Staff Not to Pursue a Feasibility Study of the Wiggins Pass Marina Property Direct staff not to pursue a feasibility study of the Wiggins Pass Marina property. 4/1312004 9:00:00 AM Prepared By Kathy McLarty-Carpenter Public Services Executive Secretary Public Services Admin. Approved By John Dunnuck Public Services Public Services Administrator Public Services Admin. Date 4/7/2004 8:41 AM Approved By Gary A. Vincent County Manager's Office Management & Budget Analyst Office of Management & Budget Date 4/712004 11:46 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/712004 12:17 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/712004 1:09 PM Agenda Item No. 16D3 April 13th, 2004 Page 2 of 3 cohen&grigsby' progressive lam.- Thad D. Kirkpatrick Board Certified Real Estate Lawyer April 1, 2004 VIA FACSIMILE 732-2525 John Dunnuck, Public Services Administrator Collier County Government 3301 Tamiami Trail East Naples, FL 34112 Re: Wiggins Pass Marina, Inc. Dear Mr. Dunnuck We represent Wiggins Pass Marina, Inc., the owners of the tbrmer Wiggins Pass Marina. As you .. may know this property is currently under a contract of sale between the owners and EcoVenmre Wig~n.q Pass, Ltd. We have been advised by our buyer that they have been contacted by you on behalf of the County to discuss any interest there may be regarding the sale of the property to the~ County. Our buyer has in mm asked that we reply to your inquiry. Please note that the.' undersigned, as representative of the owner, attended the recent Collier County Commission meeting held March 23, 2004. Because there was a public petition scheduled for that meeting regarding the property,. I had discussions, prior to and during that meeting, with the County Attorney, Mr. David:Weigel. The purpose was to voice the concern of the owner of the property regarding any possible public discussion by the County Commission of a possible purchase of the property, considering the fact that the property is under contract. Mr. Weigel so advised the commission of this concern at that meeting. Please allow this letter to respond to your inquiry concerning the availability of the property for · sale. The property is not being offered for sale to any party nor is the owner of the property interested in discussions regarding a sale, because the property is under contract with EcoVenture Wiggins Pass, Ltd. Very truly yours, CO,mN & Gm63Wy, P.C. ~ch~d Yovanovich, Esq. Steve Szabo, E~. Client 814378 I.~ Florida Office- 27200 Riverview nter mva., ~mte ~uu- t~omta Springs, FL 341]~l~q~h onaA EXECUTIVE SUMMARY Declaration of public purpose for the expenditure of up to $500 toward co-sponsorship of the Naples Town Hall Meeting on Healthcare Solutions. OBJECTIVE: To receive authority through the declaration of a valid public purpose to expend up to $500 to participate in the sponsorship of the Naples Town Hall Meeting on Healthcare Solutions. CONSIDERATIONS: Collier County Government, in cooperation with the Collier County Sheriff's office, the Collier County School District and Naples Community Hospital have been working together since 2002 to explore solutions to the cost of health care for their respective employees. Since that time, the group (informally known as the Collier Healthcare Purchasing Consortium) has negotiated discount arrangements with Community Health Partners; entered into risk sharing agreements with local physicians; standardized various administrative processes; and developed outcomes based methods of care delivery. These efforts have all been for the purpose of affecting cost and improving the quality of health care delivery. On April 22, 2004, the Consortium will sponsor a town hall meeting titled, "Solving the Health Care Crisis in ~,ollier County, Making Health Benefits More Affordable-- Myths and Realities". Individuals from various organizations ranging from government leaders, business leaders, employers and healthcare providers will be invited to hear discussion about the challenges of health care delivery and its funding in Collier County. The meeting is free to participants and the members of the Consortium are requesting from their respective governing boards permission to expend funds to sponsor the event. Funds will be used to provide refreshments for attendees, to cover the travel and lodging costs for two out of town speakers, and advertisement cost. Willis Corporation, the consultant to the Consortium has offered to pay for these costs up front and then seek reimbursement from the sponsoring entities on an equal basis. Willis will participate in the cost of sponsorship. In as much as the challenge of health care funding affects Collier County as an employer and as a community leader, a declaration of public purpose is requested. FISCAL IMPACT: The maximum cost of the contribution is $500. Funds are available within Fund 517, Group Health and Life for this purpose. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: it is requested that the Board approve the expenditure of up to $500 for the sponsorship of the Naples Town Hall Meeting titled, "Solving the Health Care Crisis in Collier County, Making Health Benefits More Affordable-- Myths and Realities~ declaring it a valid public purpose. Agenda Item No. 16E1 April 13th, 2004 Page I of 3 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16E1 Declaration of public purpose for the expenditure of up to $500 toward co- sponsorship of the Naples Town Hall Meeting on Healthcare Solutions. Declaration of public purpose for the expenditure of up to $500 toward co- sponsorship of the Naples Town Hall Meeting on Healthcare Solutions. 4/13/2004 9:00:00 AM Prepared By Jeffrey A. Walker, CPCO, ARM Administrative Services Risk Management Director Risk Management Approved By Len Golden Price Administrative Services Administrative Services Administrator Administrative Services Admin. Date 3/2612004 9:53 AM Approved By Jeffrey A. Walker, CPCO, ARM Administrative Services Risk Management Director Risk Management Date 312612004 12:48 PM Approved By Robin Johnson County Manager's Office Management/Budget Analyst Office of Management & Budget Date 4/1/2004 2:50 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 412/2004 8:27 AM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/2/2004 3:13 PM Agenda Item No. 16E1 April 13th, 2004 Page 2 of 3 Tuesday, April 20; Tuesday, April 20, Tuesday, April 20; Tuesday, April 20; Tuesday, April 20 SA VE THIS TIME AND DA TE Solving the Health Care Crisis in Collier County Making Health Benefits More Affordable-- Myths and Realities ............ For over two years the District School Board of Collier County, Collier County Government, Collier County SherifFs Office, NCH Healthcare System, Willis Group Holdings, Community Health Partners and local physicians have been working collaboratively to make employer provided health benefits affordable. Save the date below so you can attend a Town Hall Meeting and panel discussion regarding making health benefits more affordable, the myths and realities surrounding the health care crisis. This meeting will feature several pronfinent experts who will share their insights on the complex issue of health care costs and what has been happening in Collier County. Key note speakers include: Becky Cherney - Presi~ent/CEO, The Central Florida Health Care Coalition Brian Kleppet; PhD. - Executive Director, Center for Practical Healthcare Reform The first half of the program will feature a formal presentation addressing the following: @ Why knowing what you are buying is important. @ Why PPOs, HMOs, EPOs and changing insurance companies aren't the answer. @ What success have these organizations attd individuals had itt managing medical platt costs? Following the formal presentation several industry experts will participate in a panel discussion focusing on the following issues and why understanding them is so important to keeping health care benefits affordable: Why "managed care" hasn't saved us. How tnalpractice insurance and cla#rt~ contribute to the problem. Why our demands to be "well" at arty cost and our re,~ponsibility as patients affect co,~. Is the consumer driven health care movement the an,~wer? Do we as consumers pay too little now? Are hospitals and doctors to blame for it all? SAVE THIS TIME AND DATE Time and Place: April 20, 2004 NCH Healthcare System, Inc. Telford Education Building 350 7th Street North Naples, FL 34102 Agenda: Continental Breakfast Formal Presentation Break Panel Discussion and Q&A 7:30 - 8:00 8:00 - 9:30 9:30 - 9:45 9:45- 11:00 Sponsored by: District School Board of Collier Count, Collier Count5. Government, Collier County Sheriffs Office, NCH Healthcare System, Willis Group Holdings and Community Health Partners' EXECUTIVE SUMMARY Approval of the Collier County Group Health and Flexible Reimbursement Insurance Plan Document effective January 1,2004. OBJECTIVE: To update the Coflier County Group Health and Flexible Reimbursement Plan Document to reflect minor administrative plan amendments, changes to general information, and to reflect changes in the prescription drug benefit. CONSIDERATIONS: The Board of Commissioners provides group health insurance coverage to its employees through a partially self-insured group health program. This program utilizes a master plan document (the policy or plan document), which governs covered benefits and exclusions. The County's third party claims administrator, Corporate Benefit Services of America, Inc., utilizes this document to govern the administration of benefits. This document was last updated in 2002. However, since that time minor changes have been implemented which are not reflected in the most recent document. These changes address administrative issues; minor plan changes to assist with chronic case management; changes to general information; and changes in the prescriPtion drug benefit. The most significant changes addressed in the plan document are as follows: 1) The pre-certification list was updated to be consistent with the lists used by the Collier County District School Board, the Collier County Sheriff, and Naples Community Hospital. This consistent practice assists medical providers in the pre-certification process and improves service to the insured. 2) To help control prescription drug costs, all three plan options now offer the same prescription drug benefit. These include a calendar year individual drug deductible of $50; a 20% co-payment on the cost of generic and preferred brand drugs; and 30% co-pay of the cost of non-preferred drugs. Maximum employee co-pays are capped at $400 per individual and $800 per family per calendar year. 3) To promote chronic case management, diabetic education classes are covered at 100% up to the first $400 per calendar year. 4) Outpatient physical and occupational therapy must be pre-certified after 12 visits per diagnosis. The document was prepared and reviewed by the County's group health claims administrator, CBSA, Inc. Once approved by the Board of Commissioners, each covered employee will be provided a copy of the document. FISCAL IMPACT: There is no fiscal impact associated with the approval of the document GROWTH MANAGEMENT IMPACT: There is no growth management impact related to the approval of the plan document. RECOMMENDATION: It is recommended that the Board of Commissioners approve the Collier County Group Health and Flexible Reimbursement Plan Document effective January 1,2004. Agenda Item No. 16E2 April 13th, 2004 Page 1 of 73 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16E2 Approval of the Collier County Group Health and Flexible Reimbursement Insurance Plan Document effective January 1, 2004. Approval of the Collier County Group Health and Flexible Reimbursement Insurance Plan Document effective January 1, 2004. 4/13/2004 9:00:00 AM Prepared By Alice L. Toppe Administrative Services Group Insurance Manager Risk Management Approved By Alice L. Toppe Administrative Services Group Insurance Manager Date Risk Management 3/3012004 2:07 PM Approved By Jeffrey A. Walker, CPCO, ARM Administrative Services Risk Management Director Risk Management Date 3130t2004 2:05 PM Approved By Len Golden Price Administrative Services Administrative Services Administrator Administrative Services Admin. Date 313012004 2:31 PM Approved By Robin Johnson County Manager's Office Management/Budget Analyst Office of Management & Budget Date 4/112004 2:53 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/2/2004 4:05 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 4/2/2004 6:03 PM Agenda Item No. 16E2 Apdl 13th, 2004 Page 2 of 73 COLLIER COUNTY GOVERNMENT Employee Benefit Plan Effective: Revised: January 1,2000 January 1, 2004 Group No.' RB785 CORPORATE BENEFIT SERVICES OF AMERICA, INC. P.O. BOX 27267 MINNEAPOLIS, MN 55427-0267 Agenda Item No. 16E2 April 13th. 20134 Page ~ of 73 COLLIER COUNTY GOVERNMENT EMPLOYEE BENEFIT PLAN This Plan is written, adopted and operative for the sole and exclusive purpose of providing to the Eligible Employees and their Eligible Dependents employee welfare Benefits as described herein. The Plan agrees to provide the Benefits set forth in the Schedule of Benefits to all Covered Persons in accordance with the provisions and conditions of the Plan. The Plan is subject to all the conditions and provisions set forth in this document and subsequent amendments which are made a part of this Plan. Collier County Government has caused this Revised Plan to take effect as of 12:01 a.m., local ti me on January 1, 2004 at Naples, Florida. Date Authorized Signature Witne ss Title Agenda Item No. 16E2 April 13th, 2004 Page 4 of 73 TABLE OF CONTENTS GENERAL INFORMATION SCHEDULE OF BENEFITS - HIGH/LOW OPTION .................................. PRESCRIPTION DRUG BENEFITS - HIGH/LOW OPTION ........................... 7 SCHEDULE OF BENEFITS ~ SELECT OPTION PRESCRIPTION DRUG BENEFITS - SELECT OPTION ............................. 13 ELIGIBILITY & ENROLLMENT EFFECTIVE DATE OF COVERAGE ELIGIBLE EXPENSES SMARTCHOICE PROGRAM .......... · ....................................... 27 DIABETES SUPPLY AND EDUCATION PROGRAM ................................ 27 MEDICAL EXPENSE AUDIT BONUS ALTERNATIVE BENEFITS PRE-EXISTING CONDITION LIMITATION ....................................... 9 UTILIZATION REVIEW DEFINITIONS TERMINATION OF BENEFITS ................................................. 6 CONTINUATION OF BENEFITS (COBRA) ....................................... 48 COORDINATION OF BENEFITS EFFECT OF MEDICARE SUBROGATION REIMBURSEMENT RIGHTS RIGHTS OF RECOVERY ..................................................... 57 RIGHT TO RECEIVE AND RELEASE NECESSARY INFORMATION ................... 57 GENERAL PROVISIONS INSTRUCTIONS FOR SUBMISSION OF CLAIMS .................................. 63 USE AND DISCLOSURE OF PROTECTED HEALTH INFORMATION .................. 65 Agenda Item No. 16E2 April 13th, 2004 Page 5 of 73 Name of Plan: Plan Number: Plan Administrator: Group Number: Employer Tax ID Number: Plan Effective Date: Plan Revised Date: Plan Renewal Date: Plan Year Ends: Agent for Legal Service: Contract Administrator: Effective Date of Coverage: Termination Date of Coverage: GENERAL INFORMATION Collier County Government Employee Benefit Plan 501 Jeff Walker, Director of Risk Management Collier County Government 3301 East Tamiami Trail Naples, FL 34112 RB785 59-6000558 January 1,2000 January 1, 2004 January 1 December 31 Collier County Government 3301 East Tamiami Trail Naples, FL 34112 Corporate Benefit Services of America, Inc. P.O. Box 27267 Minneapolis, MN 55427-0267 See Eligibility & Enrollment section. The last day of the month in which the employee terminated. RB785- Rev 1/1/04 Agenda Item No. 16E2 April 13th, 2004 Page 6 of 73 IMPORTANT: CHP must pre-authorize Inpatient Hospital admissions and cedain outpatient procedures/services. See Utilization Review section of the Plan for details. If these procedures are not followed, eligible expenses will be reduced by 50%. SCHEDULE OF BENEFITS HIGH/LOW OPTION PPO PROVIDERS NON-PPO PROVIDERS (Subject to Usual and Custom ary Charges) MEDICAL BENEFITS BEFORE THE DEDUCTIBLE Well Child Care (up to age 16) 80% 8O% Routine Care (age 16 and over - see Eligible Expenses) 100% Maximum Benefit: One Annual Exam up to $350 per Calendar Year 100% Primary Care Physician Office Visit $15 Co-pay then 100% of the first $300 per visit, then subject to Deductible and Co-insurance Subject to Deductible and Co-insurance Specialist Office Visit $25 Co-pay then 100% of the first $300 per visit, then subject to Deductible and Co-insurance Subject to Deductible and Co-insurance Diabetic Education Classes 100% of the first $400 per Calendar Year, then 80% Subject to Deductible and Co-insurance CALENDAR YEAR DEDUCTIBLE High Option Individual Family $300 3 individual Deductibles $3O0 3 individual Deductibles Low Option Individual Family $5OO 3 individual Deductibles $500 3 individual Deductibles RB785 - Rev 1/1/04 2 Agenda Item No. 16E2 April 13th, 2004 Page 7 of 73 HIGH/LOW OPTION PPO PROVIDERS NON-PPO PROVIDERS (Subject to Usual and Custom ary Charges) MEDICAL BENEFITS AFTER THE DEDUCTIBLE Emergency Room Services $75 Co-pay per visit, then subject to Deductible, then 80% $150 Co-pay per visit, then subject to Deductible, then 80% NOTE: The Emergency Room Co-pay will be waived if an Inpatient stay results. Home Health Care 80% 80% Colonoscopies (see Eligible Expenses) 8O% 8O% All Other Eligible Expenses 80% 80% CALENDAR YEAR OUT-OF-PO CKET LIMIT (does not include Deductibles) High Option Individual Family $1,5OO $1,5OO 2 individuals 2 individuals Low Option Individual $2,000 $2,000 Family 2 individuals 2 individuals NOTE: Expenses incurred for the following cannot be applied toward the Out-of-Pocket Limit: (1) Deductibles; (2) Co-pays; (3) any penalty amounts; (4) any charges as defined in the Exclusions and Limitations section; (5) a Covered Person's Co-insurance for treatment of Mental/Nervous Disorders or Chemical Dependency; and (6) a Covered Person-e-Co-insurance for Chiropractic Care or Acupuncture. OVERALL LIFETIME MAXIMUM BENEFIT ................... $1,000,000 RB785 - Rev 111104 3 Agenda Item No. 16E2 April 13th, 2004 Page 8 of 73 HIGH/LOW OPTION BENEFIT ALLOWANCES - ALL PROVIDERS COMBINED Hospital Expense Benefit Room and Board ...................................... Intensive Care Unit .................................... Miscellaneous Services and Supplies ...................... Semi-private room rate (private room when Medically Necessary) Usual and Customary Charge Usual and Customary Charge Extended Care Facility Calendar Year Maximum Benefit .......................... 90 days Home Health Care Calendar Year Maximum Benefit .......................... 100 visits NOTE: If ho~e health care is in lieu of hospitalization the maximum benefit will not apply. Home Hospice Care Lifetime Maximum Benefit ............................... $5,000 Chiropractic Care/Massage Therapy Maximum Benefit Payable per Visit ........................ $45 Combined Calendar Year Maximum Benefit ................. $1,500 Acupuncture Calendar Year Maximum Benefit .......................... $1,000 Hearing Aids (due to accident or Illness only) Lifetime Maximum Benefit ............................... $2,000 Scalp Hair Prosthesis (Wig s/Hair Pieces) Lifetime Maximum Benefit ............................... One wig or hairpiece Outpatient Physical Therapy Calendar Year Maximum Benefit .......................... 12 visits NOTE: Visits over 12 per Calendar Year must be pre-cedified with CliP. Outpatient Occupational Therapy Calendar Year Maximum Benefit .......................... 12 visits NOTE: ViSits over 12 per Calendar Year must be pre-certified with CliP. RB785 - Rev 1/1/04 4 Agenda Item No. 16E2 April 13th, 2004 Page 9 of 73 Mental/Nervous Disorders Inpatient Calendar Year Maximum Benefit ........................ Lifetime Maximum Benefit ............................. 30 days* 60 days* Outpatient Calendar Year Maximum Benefit ........................ Lifetime Maximum Benefit ............................. 30 visits 60 visits Chemical Dependency Treatment Outpatient Maximum Benefit Payable per Visit ...................... Calendar Year Maximum Benefit ........................ $30 $1,oo0 Inpatient** and Outpatient Combined CalendarYear Maximum Benefit ............... Combined Lifetime Maximum Benefit ..................... $2,000 $10,000 * Two (2) days of partial hospitalization (minimum 6 hours to a maximum of 12 hours) will count as one day of confinement. ** A program of Inpa~ent treatment must be completed before Inpalient benefits will be payable under this Plan. RB785 - Rev 1/1/04 5 Agenda Item No. 16E2 April 13th, 2004 Page 10 of 73 HIGH/LOW OPTION BENEFIT PROVISIONS The Deductibles, Out-of-Pocket Limits and Maximums are combined for both the PPO Providers and the Non-PPO Providers. A separate document may be obtained from the Plan Administrator showing the providers available within the Preferred Provider Network at no cost to the Covered Person. PPO Providers are not subject to Usual and Customary Charges. Eligible expenses incurred by a Non-PPO Provider outside an individual-s-state of residence will be paid at the PPO Provider level of benefits if due to a Medical Emergency. Expenses which are incurred due to a Medica I Emergency by a Non-PPO Provider will be paid at the PPO Provider level of benefits. Emergency room professional services and any anesthesia services which are provided by a Non- PPO Provider but rendered at a PPO facility will be paid at the PPO Provider level of benefits. If the provider rendering service is located in Collier County and is not pad of the CHP network but is part of the Southcare network, benefits will be paid at the Non-PPO Provider level of benefits. If the provider rendering service is located outside of Collier County and is not part of the CHP network but is part of the Southcare network, benefits will be paid at the PPO Provider level of benefits. Subject to Contract Administrator prior approval, professional services which are not available within the PPO Network will be paid at the PPO Provider level of benefits. Expenses for obtaining medical records will be paid in full to a maximum benefit of $50 per provider. The local Community Health Padners network established via the Messenger Model letter dated June 2000 will be used to establish participating vs. non-participating benefits for claims with dates of service on or after August 2, 2001. Any and all Collier County providers who do not participate in the local CHP network established via the Messenger Model letter dated June 2000 for this program will be reimbursed the contracted fee for service amount(s) negotiated orthe fee schedule as established in the Messenger Model letter. The participant will be responsible for any applicable out-of-pocket expenses and differences between the billed and allowed which exceed the local contracted amount. PHCS will be used as the national overlay network for any non-Collier County services provided. Ifa provider did not accept lhe newfee schedule for Collier County Government through the local PPO network, CHP; then those provider-s-claims will be paid as out-of-networkat the new CliP fee scheduled rate. Claims receiving a discount for Southcare providers outside of Collier County will be considered as in-network. RB785 - Rev 1/1/04 6 Agenda Item No. 16E2 April 13th, 2004 Page 11 of 73 PRESCRIPTION DRUG BENEFITS HIGH/LOW OPTION Prescription Drug Card Calendar Year Deductible Per Individual ........................................ $50 Co-pays After Deductible Retail and Mail Order: Generic ........................................... Preferred Drugs ..................................... Non-Preferred Drugs ................................. 20% Co-pay of the cost of the drug 20% Co-pay of the cost of the drug 30% Co-pay of the cost of the drug NOTE: Employee Co-pays are I[miLed to a maximum of $400 per individual and $800 per family per Calendar Year (does not include' deductible). PRESCRIPTION DRUG CARD PROG RAM Eligible drugs and medicines prescribed in writing by a Physician and dispensed by a licensed pharmacist, up to a thirty (30) day supply or one hundred (100) unit dose, whichever is greater, (90 day supply for mail order) which are deemed necessary for treatment of an Illness or Injury, including insulin. Expenses for injectables not covered under the Prescription Drug Card program will be payable under this Plan subject to any applicable major medical PPO Deductibles and Co-insurance. NOTE: Coverage, limitations, and exclusions for prescription drugs will be determined through the Prescription Drug Card program elected by the Employer and will not be subject to any limitations and exclusions under the major medical plan. The Prescription Drug Card program is a separate benefit from the major medical plan. Preferred Drugs: A list of generic and brand name drugs that has been developed by a Pharmacy and Therapeutics Committee comprised of Physicians, Pharmacists and other health care professionals. The Prescription Drug Card service will have a list of Preferred Drugs available. Non-Preferred Drugs: Any brand name drugs that do not appear on the list of Preferred Drugs that has been developed by a Pharmacy and Therapeutics Committee comprised of Physicians, Pharmacists and other health care professionals. The Prescription Drug Card service will be able to provide information regarding Non-Preferred Drugs. RB785 - Rev 1/1/04 Agenda Item No. 16E2 April 13th, 2004 Page 12 of 73 IMPORTANT: CHP must pre-authorize Inpatient Hospital admissions and certain outpatient procedures/services. See Utilization Review section of the Plan for details. If these procedures are not followed, eligible expenses will be reduced by 50%. SCHEDULE OF BENEFITS SELECT OPTION PPO PROVIDERS NON-PPO PROVIDERS (Subject to Usual and Custom ary Charges) MEDICAL BENEFITS BEFORE THE DEDUCTIBLE Well Child Care (up to age 16) 100% of the first $350* per Calendar Year, then subject to Deductible and Co-insurance Not Covered *Increased to $500 for a child under age 1. Routine Care (age 16 and over - see Eligible Expenses) 100% of the first $350 per Calendar Year, then subject to Deductible and Co-insurance Not Covered Primary Care Physician Office Visit $10 Co-pay then 100% of the first $300 per visit, then subject to Deductible and Co-insurance Subject to Deductible and Co-insurance Specialist Office Visit $20 Co-pay then 100% of the first $300 per visit, then subject to Deductible and Co-insurance Subject to Deductible and Co-insurance Chiropractic Care/Massage Therapy Combined Calendar Year Maximum Benefit $10 Co-pay then 100% 20 visits Not Covered RB785 - Rev 1/1/04 Agenda Item No. 16E2 April 13th, 2004 Page 13 of 73 SELECT OPTION PPO PROVIDERS NON-PPO PROVIDERS (Subject to Usual and Custom ary Charges) Mental Nervo us Disorders Outpatient Calendar Year Maximum Benefit $25 Co-pay, then 100% 20 visits Subject to Deductible and Co-insurance N/A NOTE: Non-PPO Providers are not subject to the visit maximum for outpatient mental/nervous disorder treatment. Chemical Dependency Outpatient Calendar Year Maximum Benefit $25 Co-pay, then 100% 10 visits Not Covered Diabetic Education Classes 100% of the first $400 per Calendar Year, then 80% No Coverage CALENDAR YEAR DEDUCTIBLE Individual Family $300 $900 $600 $1,200 MEDICAL BENEFITS AFTER THE DEDUCTIBLE Emergency Room Services $50 Co-pay per visit, then subject to Deductible, then 80% $100 Co-pay per visit, then subject to Deductible, then 60% NOTE: The Emergency Room Co-pay will be waived if an Inpatient stay results. Home Health Care 8O% 60% Colonoscopies (see Eligible Expenses) 80% 60% All Other Eligible Expenses 80% 60% CALENDAR YEAR OUT-OF-PO CKET LIMIT (does not include Deductibles) Individual Family $1,500 $3,000 $3,000 $6,000 RB785 - Rev 111/04 9 Agenda Item No. 16E2 April 13th, 2004 Page 14 of 73 SELECT OPTION NOTE: Expenses incurred for the following cannot be applied toward the Out-of-Pocket Limit: (1) Deductibles; (2) Co-pays; (3) any penalty amounts; (4) any charges as defined in the Exclusions and Limitations section; (5) a Covered Person's Co-insurance for treatment of Mental/Nervous Disorders or Chemical Dependency;, and (6) a Covered Person-s-Co-insurance for Chiropractic Care or Acupuncture. BENEFIT ALLOWANCES - ALL PROVIDERS COMBINED Hospital Expense Benefit Room and Board .................................... Semi-private room rate (private room when Medically Necessary) Intensive Care Unit .................................. Usual and Customary Charge Miscellaneous Services and Supplies .................... Usual and Customary Charge Extended Care Facility Calendar Year Maximum Benefit ........................ Unlimited NOTE: The overall lifetime benefit for all expenses combined will apply. Home Health Care Calendar Year Maximum Benefit ........................ Unlimited NOTE: The overall lifetime benefit for all expenses combined will apply. Home Hospice Care Lifetime Maximum Benefit ............................. Unlimited NOTE: The overall lifetime benefit for all expenses combined will apply. Acupuncture Calendar Year Maximum Benefit ........................ $1,000 Hearing Aids (due to accident or III ness only) Lifetime Maximum Benefit ............................. $2,000 Scalp Hair Prosthesis (Wigs/Hair Pieces) Lifetime Maximum Benefit ............................. One wig or hairpiece Outpatient Physical Therapy Calendar Year Maximum Benefit ........................ 12 visits NOTE: Visits over 12 per Calendar Year must be pre-certified with CHP. RB785 - Rev 1/1/04 10 Agenda Item No. 16E2 April 13th, 2004 Page 15 of 73 SELECT OPTION Outpatient Occupational Therapy Calendar Year Maximum Benefit ........................ 12 visits NOTE: Visits over 12 per Calendar Year must be pre-certified with CHP. Mental/Nervous Disorders Inpatient Calendar Year Maximum Benefit ..................... Unlimited if approved by UR process Lifetime Maximum Benefit ........................... Unlimited if approved by UR process NOTE: The overall lifetime benefit for all expenses combined will apply. Chemical Dependency Treatment Inpatient** Lifetime Maximum Benefit ........................... $10,000' *Partial or transitional hospitalization (minimum 6 hours to a maximum of 12 hours) will count toward the Inpatient Lifetime Maximum Benefit. Outpatient treatment will not apply toward the lifetime maximum for Chemical Dependency. ** A program of Inpatient treatment must be completed before Inpatient benefits will be payable under this Plan. OVERALL LIFETIME MAXIMUM BENEFIT .................. $2,000,000 RB785 - Rev 1/1/04 11 Agenda Item No. 16E2 April 13th, 2004 Page 16 of 73 SELECT OPTION BENEFIT PROVISIONS The Deductibles and Out-of-Pocket Limits are separate for both the PPO Providers and the Non- PPO Providers. The Maximums are combined for both the PPO Providers and the Non-PPO Providers. A separate document may be obtained from the Plan Administrator showing the providers available within the Preferred Provider Network at no cost to the Covered Person. PPO Providers are not subject to Usual and Customary Charges. Eligible expenses incurred by a Non-PPO Provider outside an individual--s state ofesidence will be paid at the PPO Provider level of benefits. Expenses which are incurred due to a Medical Emergency by a Non-PPO Provider will be paid at the PPO Provider level of benefits. Emergency room professional services and any anesthesia services which are provided by a Non- PPO Provider but rendered at a PPO facility will be paid at the PPO Provider level of benefits. If the provider rendering service is located in Collier County and is not part of the CHP network but is part of the Southcare network, benefits will be paid at the Non-PPO Provider level of benefits. If the provider rendering service is located outside of Collier County and is not part of the CHP network but is part of the Southcare network, benefits will be paid at the PPO Provider level of benefits. Subject to Contract Administrator prior approval, professional services which are not available within the PPO Network will be paid at the PPO Provider level of benefits. Expenses for obtaining medical records will be paid in full to a maximum benefit of $50 per provider. The local Community Health Partners network established via the Messenger Model letter dated June 2000 will be used to establish padicipating vs. non-participating benefits for claims with dates of service on or after August 2, 2001. Any and all Collier County providers who do not participate in the local CHP network established via the Messenger Model letter dated June 2000 for this program will be reimbursed the contracted fee for service amount(s) negotiated orthe fee schedule as established in the Messenger Model letter. The partidpant will be responsible for any applicable out-of-pocket expenses and differences between the billed and allowed which exceed the local contracted amount. PHCS will be used as the national overlay network for any non-Collier County services provided. If a provider did not accept the new fee schedule for Collier County Government through the local PPO network, CHP; then those provider-s-claims will be paid as out-of-network at the new CHP fee scheduled rate. Claims receiving a discount for Southcare providers outside of Collier County will be considered as in-network. RB785 - Rev 1/1/04 12 Agenda Item No. 16E2 April 13th, 2004 Page 17 of 73 PRESCRIPTION DRUG BENEFITS SELECT OPTION Prescription Drug Card Calendar Year Deductible Per Individual ....................................... $50 Co-pays After Deductible Retail and Mail Order: Generic ......................................... Preferred Drugs .................................. Non-Preferred Drugs .............................. 20% Co-pay of the cost of the drug 20% Co-pay of the cost of the drug 30% Co-pay of the cost of the drug NOTE: Employee Co-pays are limited to a maximum of $400 perindividual and $800 per family per Calendar Year (does not include deductible). PRESCRIPTION DRUG CARD PROG RAM Eligible drugs and medicines prescribed in writing by a Physician and dispensed by a licensed pharmacist, up to a thirty (30) day supply or one hundred (100) unit dose, whichever is greater, (90 day supply for mail order) which are deemed necessary for treatment of an Illness or Injury, including insulin. Expenses for injectables not covered under the Prescription Drug Card program will be payable under this Plan subject to any applicable major medical PPO Deductibles and Co-insurance. NOTE: Coverage, limitations, and exclusions for prescription drugs will be determined through the Prescription Drug Card program elected bythe Employer and will not be subject to any limitations and exclusions under the major medical plan. The Prescription Drug Card program is a separate benefit from the major medical plan. Preferred Drugs: A list of generic and brand name drugs that has been developed by a Pharmacy and Therapeutics Committee comprised of Physicians, Pharmacists and other health care professionals. The Prescription Drug Card service will have a list of Preferred Drugs available. Non-Preferred Drugs: Any brand name drugs that do not appear on the list of Preferred Drugs that has been developed by a Pharmacy and Therapeutics Committee comprised of Physicians, Pharmacists and other health care professionals. The Prescription Drug Card service will be able to provide information regarding Non-Preferred Drugs. RB785 - Rev 1/1/04 13 Agenda Item No. 16E2 April 13th, 2004 Page 18 of 73 ELIGIBILITY & ENROLLMENT EMPLOYEES A- ELIGBLE EMPLOYEES An employee is eligible to participate in this Plan if they are a regular, full-time or part-lime employee of Collier County Government and are regularly scheduled to work a minimum of thirty' (30) hours per week. An employee is also eligible to participate in this Plan if they are a qualifying retiree of Collier County Government. Qualifying retirees must meet the requirement of Florida Statute 112.0801. Eligibility for Medicaid or the recipient of Medicaid benefits will not be taken into account in determining eligibility. Other employees such as temporary or seasonal will not be eligible to enroll for coverage under this Plan. If you are a qualifying retiree when enrollment requirements are met, your coverage begins on the first day of the month following your retirement. B - WAITING PERIOD An employee's Eligibility Date will be as follows: if you are a full-time or regular part-time employee and your hire date is the first of the month, your coverage begins on that day. If your hire date is after the first of the month, your coverage begins on the first day of the following month. C-PLAN ENROLLMENT An Eligible Employee who elects to participate in the Plan, must complete, sign and return the provided "enrollment form" to the Employer within thirty-one (31) days of the Eligibility Date. Failure to enroll within this time limit will be deemed waiver of participation and the employee will be considered a Late Enrollee or Special Enrollee. Special Enrollee: If an employee is declining enrollment for single or family coverage because of other health coverage (see definition of Qualified Health Plan), the employee may in the future be able to enroll for single or family coverage, provided the request for enrollment is received within thirty-one (31) days after coverage under the Qualified Health Plan terminates due to loss of eligibility or termination of employer contributions toward the cost of coverage. The Pre-Existing Condition Limitation will apply. A written waiver of coverage stating the existence of coverage under another Qualified Health Plan must have been completed by the employee in order for the employee to be considered a Special Enrollee at a later date. If the employee has a new dependent as a result of marriage, birth, adoplion, or placement for adoption, the employee may be able to enroll for coverage provided the employee requests enrollment within thirty-one (31) days after the marriage, birth, adoption or placement for adoption of a new dependent child. RB785- Rev 1/1/04 14 Agenda Item No. 16E2 April 13th, 2004 Page 19 of 73 Late Enrollee/Open Enrollment: A Late Enrollee may enroll for single or family coverage under the Plan any time during the year; however, coverage will not become effective until the following January 1. The waiting period will be waived, however, the eighteen (18) month Pre-Existing Condition Limitation will apply. D - RETURN TO WORK - USERRA Employees who are covered under the Uniformed Servioes Employment and Reemployment Rights Act (USERRA) will be eligible for coverage on the date they return to work, provided the employee returns to work with the Employer within the specified time period in the Uniformed Services Employment and Reemployment Rights Act (USERRA). Coverage for a reservist will be on the same basis it is for active employees and dependents. Eligibility waiting periods and the Pre- Existing CondilJon Limitation will be imposed only to the extent they were applicable prior to the period of uniformed services. ELIGIBILITY & ENROLLMENT DEPENDENTS A - ELIGBLE DEPENDENTS Eligible Dependents will be a Covered Employee's legally married spouse and each unmarried child until the end of the year they attain age twenty-five (25), provided such dependent is dependent on the employee for support and maintenance. (Under certain circumstances the employee may be required to provide the Plan with proof of dependency). Dependent children must meet at least one of the following requirements to remain eligible until age twenty-five (25): Full or part-time student (a student status form must be submitted twice annually as proof of continued eligibility). OR 2. Live at home and claimed as a dependent on the employee-s-income tax. (A copy of the income tax return will be required as proof of continued eligibility once annually.) The term "child", as used herein, shall be defined as: (a) a natural born child; (b) a stepchiid; (c) a foster child; (d) an adopted child (from the date of placement with the employee for the purpose of legal adoption); (e) a child for whom the employee is the legal guardian; (f) a grandchild from birth up to eighteen (18) months of age if the mother or father of the newborn is an Eligible Dependent; (g) any child who resides with the employee in a normal parent-child relationship, if the child qualifies at all times for the dependent exemption, as defined in the Internal Revenue Code and the Federal Tax Regulations; or (h) a child forwhomthe employee is required to provide health coverage due to a Qualified Medical Child Support Order (QMCSO). Procedures for determining a Qualified Medical Child Support Order (QMCSO) may be obtained from the Contract Administrator at no cost. RB785 - Rev 1/1/04 15 Agenda Item No. 16E2 April 13th, 2004 Page 20 of 73 Where both lhe employee and spouse are employed by the Employer, each will elect single (employee only) coverage if lhere are no eligible dependent children. An employee shall not elect single coverage while the spouse elects dependent coverage if there are eligible dependent children. One of the employees shall choose to elect dependent coverage which w~uld cover the spouse, who is also employed by the Employer, and all eligible dependent children. B- ELIGIBILITY EXTENSION FOR DEPENDENT CHILDREN Mentally or Physically Handicapped Child: If an unmarried dependent child, upon reaching age twenty-five (25), is incapacitated, unable to be self-supporting, and resides with the employee, then such child will continue to be an Eligible Dependent. The employee may be required to provide the Plan with written evidence of a child's handicapped status. C - PLAN ENROLLMENT An Eligible Dependent is able to participate in the Plan when the Covered Employee completes, signs and returns an enrollment form indicating dependent coverage to the Employer. The employee must enroll the dependent(s) within thirty-one (31) days of whichever of the following occurs first: The employee's Eligibility Date if the employee has any Eligible Dependents at that time; or 2. The date the employee acquires an Eligible Dependent. Children covered by Qualified Medical Child SupportOrders(QMCSO) may be enrolled in this Plan if the employee would otherwise be eligible for coverage, regardless of whether lhe employee is currently enrolled. The Plan must enroll the child(ren) and the employee covered by the notice without any enrollment restrictions (i.e. they will not be considered Late Enrollees). If dependent coverage is already in force, the employee does not have to enroll additional dependent children acquired after dependent coverage is in force. If dependent coverage is not already in force, newborn children and adopted children'will be covered on the date of birth or adoption (or placement for adoption) if enrolled within thirty-one (31) days of the birth, adoption or placement for adoption. Failure to enroll for dependent coverage within this time limit will be deemed waiver of participation and future coverage for dependents under the Plan will be subject to the Late Enrollee or Special Enrollee provisions. RB785 - Rev 1/1/04 16 Agenda Item No. 16E2 April 13th, 2004 Page 21 of 73 Special Enrollee: If an employee is declining enrollment for family coverage because of other health coverage (see definition of Qualified Heallh Plan), the employee may in the future be able to enroll for family coverage, provided the request for enrollment is received within thirty-one (31) days after coverage under the Qualified Health Plan terminates due to loss of eligibility or termination of employer contributions toward the cost of coverage. The Pre-Existing Condition Limitation will apply. A written waiver of coverage stating the existence of coverage under another Qualified Health Plan must have been completed bythe employee in order for the dependent to be considered a Special Enrollee at a later date. If the employee has a new dependent as a result of marriage, birth, adoption, or placement for adoption, the employee may be able to enroll for dependent coverage provided the employee requests enrollment within thirty-one (31) days after the marriage, birth, adoption or placement for adoption of a new dependent child. Late Enrollee/Open Enrollment: A Late Enrollee (employee) may enroll for family coverage under the Plan any time during the year; however, coverage will not become effective until the following January 1. The waiting period will be waived, however, the eighteen (18) month Pre- Existing Condition Limitation will apply. RB785 - Rev 1/1/04 17 Agenda Item No. 16E2 Apdl 13th, 2004 Page 22 of 73 EFFECTIVE DATE OF COVERAGE A - EMPLOYEES Coverage for an Eligible Employee who enrolls in the Plan will be effective on whichever of the following occurs first: 1. The employee's Eligibility Date if the employee enrolls within thirty-one (31) days thereafter; The day following the date the employee's coverage terminated due to loss of eligibility or termination of employer contributions toward the cost of coverage lhrough a Qualified Health Plan, provided enrollment is made within thirty-one (31) days in the case of a Special Enrollee; The date of marriage, provided the employee enrolls within thirty-one (31) days of the marriage; The date of birth or adoption (or placement for adoption) of a new dependent, provided the employee enrolls within thirty-one (31) days of the birth, adoption or placement for adoption; The day following the date in which COBRA coverage is exhausted if th'e employee had elected COBRA coverage under a Qualified Health Plan in the case of a Special Enrollee; or 6. January 1st following the date the Late Enrollee enrolls. B - DEPENDENTS When a Covered Employee enrolls an Eligible Dependent in the Plan, the dependent's coverage will be effective on whichever of the following occurs later: 1. The employee's effective date; The day following the date the dependent's coverage lhrough a Qualified Health Plan is terminated due to loss of eligibility or termination of employer contributions toward the cost of coverage, provided enro Ilment is made within thirty-one (31 ) days in the case of a Special Enrollee; The date of marriage, provided the dependent is enrolled within thirty-one (31) days following the marriage; The date of birth or adoption (or placement for adoption) if enrolled within thirty-one (31) days of the birth, adoption or placement for adoption; o The day following the date in which COBRA coverage is exhausted if the dependent had elected COBRA coverage under a Qualified Health Plan in the case of a Special Enrollee; or 6. January 1st following the date the Late Enrollee enrolls. RB785 - Rev 1/1/04 18 Agenda Item No. 16E2 Apdl 13th, 2004 Page 23 of 73 ELIGIBLE EXPENSES Eligible expenses shall be the charges actually made to the Covered Person and, unless otherwise shown, will be considered eligible only if the expenses are: 1. Due to Illness or Injury; 2. Ordered or performed by a Physician; 3. Medically Necessary; and 4. Usual and Customary. Reimbursement for eligible expenses will be made directly to the provider of the service, unless a receipt showing payment is submitted. All eligible expenses incurred at a Preferred Provider will be reimbursed to the provider. ACUPUNCTURE: Acupuncture performed by a licensed provided will be payable as shown in the Schedule of Benefits. ALLERGYSERVICES: Allergy testing, treatment, and serum. Allergy injections will be payable under the Physician office visit benefit. AMBULANCESERVlCE: Commercial ground or air ambulance service to transport the patient: (a) to the nearest Hospital equipped to treat the specific Illness or Injury, in an emergency situation; or (b) when Medically Necessary. AMBULATORY SURGICAL FACILITY: Services and supplies provided by an Ambulatory Surgical Facility. 5. ANESTHETICS.' Anesthetics and their professional administration. o BLOOD AND BLOOD DERIVATIVES: Blood, blood plasma, or blood components not donated or replaced. BONE DENSITY TESTING: Medically Necessary diagnosis and treatment of osteoporosis for high-risk individuals who: (a) are estrogen deficient and at clinical risk for osteoporosis, (b) have vertebral abnormalities; (c) are receiving long term glucocorticoid (steroid) therapy; (d) have primary hyperparathyroidism; or (e) have a family history of osteoporosis. CHEMICAL DEPENDENCY: Inpa~ent and outpatient trealment of Chemical Dependency will be payable as shown in the Schedule of Benefits. A program of Inpatient treatment must be completed before Inpatient benefits will be payable under this Plan. CHIROPRACTIC CARE; Chiropractic treatment when related to the spine, muscles or joints, including x-rays will be payable as shown in the Schedule of Benefits. 10. CIRCUMCISION; Services and supplies related to circumcision. RB785 - Rev 1/1104 19 Agenda Item No. 16E2 April 13th, 2004 Page 24 of 73 11. 12. 13. 14. 15. 16. CLEFT LIP AND/OR CLEFT PALATE: Cleft lip and cleft palate treatment for a child under age eighteen (18), including medical, dental, speech therapy, audiology and nutrition services, but only if they are prescribed by the treating Physician or surgeon and the Physician or surgeon certifies that the services are Medically Necessary. COLONOSCOPIES: Colonoscopies for Covered Persons age fifty (50) and over; or for a Covered Person of any age with a strong family history of colon cancer or medical symptoms will be paid as shown in the Schedule of Benefits and will not be subject to the ROUTINE CARE benefit maximum. COSMETIC SURGERY: Charges for Cosmetic Surgery or reconstructive surgery will be considered eligible only under the following circumstances: (a) for the correc~on of congenital defects for a dependent child; and (b) any olher Medically Necessary surgery related to an Illness or Injury. DENTAL CARE: Dental services and x-rays rendered by Dentist or Dental Surgeon for: (a) the treatment of a fractured jaw, or (b) accidental Injuries to sound natural teeth. Dental services will be eligible if treatment begins within ninety (90) days of the accident and will continue to be eligible until the treatment is completed. General aneslhesia and hospitalization services in assuring the safe deliveryof necessary dental care provided to a Covered Person of any age who (a) is determined by a licensed Dentist and the attending Physician to require necessanj dental treatment in a Hospital or ambulatory surgical center because of a significantly complex dental condition or a developmental disability in which patient management has proved ineffective; or (b) has one or more medical conditions that would create significant or undue medical risk for the individual in the course of delivery of any necessary dental treatment or surgery if not rendered in a Hospital or ambulatory surgical center. DIABETIC SUPPLIES: Diabetic supplies for the treatment of diabetes. The following diabetic education and self-management progra ms will be payable as sh own in the Schedule of Benefits: (a) all Physician prescribed medically appropriate and necessary equipment and supplies used in the management and treatment of diabetes; and (b) diabetes outpatient self-management training and education, including medical nutrition therapy that is provided by a certified, registered, or licensed health care professional working in a program consistent with the national standards of diabetes self-management education as established by the American Diabetes Association. Coverage is provided for individuals with gestational, Type I or Type II diabetes. DIAGNOSTIC TESTING, X-RAY AND LABORATORY SERVICES: Diagnostic testing, x-ray and laboratory services, including services of a professional radiologist or pathologist. Dental x-rays are not eligible expenses, except as specified under Dental Care. RB785 - Rev 1/1/04 20 Agenda Item No. 16E2 April 13th, 2004 Page 25 of 73 17. DURABLE MEDICAL EQUIPMENT: The rental of oxygen equipment, wheelchairs, walkers, special Hospital beds, iron lungs, and other Durable Medical Equipment which are prescribed by a Physician for the treatment of an Illness or Injury. When the extended use of any eligible rental equipment is deemed necessary for the treatment of the patient, purchase of the equipment may be permitted. The total cost of rental and purchase will never exceed the purchase price of the equipment. 18. EMERGENCY ROOM SERVICES' Treatment in a Hospital emergency room, including professional services will be payable as shown in the Schedule of Benefits. The Co-pay will be waived if the person is admitted directly as an Inpatient to lhe Hospital. 19. EXTENDED CARE FACILITY.' Extended convalescent care provided in an Extended Care Facility will be payable as shown in the Schedule of Benefits. Extended convalescent care confinement means confinement in an Extended Care Facility, provided such confinement: (a) is under the recorrrnendation and general supervision of a Physician; (b) begins within fourteen (14) days after discharge from required Hospital confinement of at least three (3) days in length for which room and board benefits are paid; (c) is for the purpose of receiving medical care necessary for convalescence from the conditions causing or contributing to the precedent Hospital confinement; and (d) is not for Custodial Care. 20. HEARING AIDS: Hearing aids for hearing loss as a result of an accident or Illness will be payable as shown in the Schedule of Benefits. 21. HOME HEALTH CARE: Services provided by a Home Health Care Agency to a Covered Person in the home will be payable as shown in the Schedule of Benefits. The following are considered eligible home health care services: (a) home nursing care; (b) services of a home health aide or licensed practical nurse (L.P.N.), under the supervision of a registered nurse (R. N.); (c) physical or speech therapy if provided by the Home Health Care Agency; (d) medical supplies, drugs and medications prescribed by.a Physician; (e) laboratory services; and (f) nutritional counseling by a licensed dietician. For the purpose of determining the benefits for home health care available to a Covered Person, each visit by a member of a Home Health Care Agency shall be considered as one home health care visit and each four (4) hours of home health aide services shall be considered as one home health care visit. In no event will the services of a Close Relative, social worker, transportation services, housekeeping services, and meals, etc. be considered an eligible expense. RB785 - Rev 1/1/04 21 Agenda Item No. 16E2 April 13th, 2004 Page 26 of 73 22. 23. 24. HOSPICE CARE: Hospice care on either an Inpatient or outpatient basis for a terrrinally ill person rendered under a Hospice treatment plan. Hospice care provided in the home will be payable as shown in the Schedule of Benefits. The Hospice treatment plan must certify that the person is terminally ill with a life expectancy of six (6) months or less. Covered services include: (a) room and board charges by the Hospice; (b) other Medically Necessary services and supplies; (c) nursing care by or under the supervision of a registered nurse (R.N.); (d) home health care services furnished in the patient's home by a Home Health Care Agency for the following: (1) health aide services consisting primarily of caring for the patient (excluding housekeepin g, meals, etc.); and (2) physical an d speech therapy; and (e) counseling services by a licensed social worker or a licensed pastoral counselor for the patient's immediate family. Counseling services received in connection with a terminal Illness as described above will not be considered to have been received due to a Mental/Nervous Disorder. The term "Patient's Immediate Family" as used herein means the patient's spouse, parents, and/or dependent children who are covered under the Plan. HOSPITAL SERVICES: Inpatient Hospital room and board, including all regular daily services will be payable as shown in the Schedule of Benefits. Charges made by a Hospital having only single or private rooms will be considered at the least expensive rate for a single or private room. Care provided in an Intensive Care Unit will be payable as shown in the Schedule of Benefits. Miscellaneous services and supplies, including any additional MedicallyNecessary nursing services furnished while being treated on an Inpatient basis. Outpatient Services and supplies furnished while being treated on an outpatient basis. MASSAGE THERAPY OR ROLFING: Massage therapy or rolfing for a medical condition, only if services are performed by a licensed provider and will be payable as shown in the Schedule of Benefits. RB785 - Rev 1/1/04 22 Agenda Item No. 16E2 April 13th, 2004 Page 27 of 73 25. MATERNITY: Expenses incurred by an employee or a dependent spouse for: 26. 27. 28. 29. 30. 31. a. Pregnancy; b. Services provided by a Birthing Center; c. Amniocentesis testing; d. Ultrasounds; Elective induced abortions only when carrying the fetus to full lerm would seriously endanger the life of the mother. If complications arise after the performance of any abortion on a Covered Person, any expenses incurred to treat those complications will be eligible, whether the abortion was eligible or not. Hospital stays in connection with childbirth for either the mother or newborn may not be less than forty-eight (48) hours following a vaginal delivery or ninety-six (96) hours following a cesarean section. These requirements can only be waived by the attending Physician in consultation with the mother. The Covered Person or provider is not required to pre-certify the maternity admission, unless the stay extends past the applicable fody-eight (48) or ninety-six (96) hour stay. A Hospital stay begins at the time of delivery or for deliveries outside the Hospital, the time the newborn or mother is admitted to a Hospital following birth, in connection with childbirth. MEDICAL AND SURGICAL SUPPLIES: Casts, splints, trusses, braces, crutches, dressing and other Medically Necessary supplies ordered by a Physician. MENTAL/NERVOUS DISORDERS: Inpatient and outpatient treatment of Mental/Nervous Disorders will be payable as shown in the Schedule of Benefits. MORBID OBESITY: Medically Necessary surgical and non-surgical treatment of Morbid Obesity when enrolled under the Smartchoice program. See the Smartchoice Program section in the Plan. Occu PATIO NAL THERAPY: Occupational therapy rendered by an occupational therapist under the recommenda~on of a Physician. Outpatient occupational therapy will be payable as shown in the Schedule of Benefits. Occupational therapy is covered under the Plan only if it follows an Illness or Injury. ORTHOGNATHIC SURGERY: Orthognathic surgery and related charges. Any orthodonlic expenses related to orthognathic surgery will not be considered eligible. OUTPATENT PRE-ADMISSION TESTING: Outpatient pre-admission testing performed within seven (7) days of a scheduled Inpatient hospitalization or Surgery. RB785- Rev 1/1/04 23 Agenda Item No. 16E2 April 13th, 2004 Page 28 of 73 32. 33. 34. 35. 36. 37. 38. PHENYLKETONURIA: Special dietary treatment for phenylketonuria when recommended by a Physician. PHYSICIAN'S SERVICES: Services of a Physician for medical care or Surgery. Services performed in a Physician's office on the same day for the same or related diagnosis, regardless if a Physician is seen or not, will be payable as shown in the Schedule of Benefits. Services include, but are not limited to: examinations, x-ray and laboratory tests (including the reading or processing of the tests), supplies, injections, allergy shots. If more than one Physician is seen in the same clinic on the same day, only one Co-pay will apply. Surgery performed during an office visit will be payable subject to the Deductible and Co-insurance. PHYSICAL THERAPY: Physical therapy rendered by a physical therapist under the recommendation of a Physician. OutpalJent physical lherapywill be payable as shown in the Schedule of Benefits. PODIATRY: Treatment for the following foot conditions: (a) routine foot care; (b) weak, unstable or flat feet; (c) bunions, when an open cutting operation is performed; (d) non- routine treatment of corns or calluses; (e) toenails when at least part of the nail root is removed; (f) any surgical procedure required for a Medically Necessary foot condition; or (g) orthotics, including orthopedic shoes when an integral part of a leg brace. PRIVATE DUTY NURSING: Service of a registered nurse (R.N.) or a licensed practical nurse (L.P.N.) for private duty nursing as follows: ao Inpatient private duty nursing is covered only when care is Medically Necessary and not for Custodial Care, and the Hospital's Intensive Care Unit is filled or the Hospital has no Intensive Care Unit. bo Outpatient private duty nursing is covered only when Medically Necessary and will be payable under the Home Health Care benefit. PROSTHETICS: Artificial limbs, eyes, or other prosthetic devices for r~placement when necessary due to an Illness or Injury. Charges for the replacement will only be included as an eligible expense when required due to a pathological change or replacement is less expensive than repair of existing equipment, and does not include charges for repair or maintenance. Replacement due to normal wear and tear and deterioration is not considered eligible. RADIATION ANDX-RAY THERAPY: Radium, radioactive isotope therapy, chemotherapy and x- ray therapy treatment. RB785 - Rev 1/1/04 24 Agenda Item No. 16E2 April 13th, 2004 Page 29 of 73 39. 40. 41. 42. RECONSTRUCTIVE BREAST SURGERY: Charges for reconstructive breast surgery following a mastectomy will be eligible as follows: (a) reconstruction of the breast on which the mastectomy has been performed; (b) surgery and reconslruction of the other breast to produce symmetrical appearance; and (c) coverage for prostheses and physical complications of all stages of mastectomy, including lymphedemas. The manner in which breast reconstruclion is performed will be determined in consultation with the attending Physician and the patient. Expenses for treatment of gynecomastia will not be considered eligible. ROUTINE CARE: Routine care age sixteen (16) and over will be payable as shown in the Schedule of Benefits and will include the office visit and the following performed during an ann ual exam: eo Annual physical exams; Gynecological exams; Digital rectal exams for men starting at age forty (40); Lab work to include CBCD, HDLD (includes cholesterol), urinalysis, and comprehensive metabolic panel; Pap smears; Annual mammograms; EKG baseline at age forty (40) and repeated every ten (10) years after age fifty (50); SMA15, PSAfor men annually, occult blood stool, repeated one year after screening, then every five (5) years; Vaccinations or inoculations. If a diagnosis is indicated after a routine exam, the exam will still be payable under the routine care benefit, however, all charges related to the d iag nosis (exce pt the i nit iai exam) will be payable as any other Illness. ROUTINE NEWBORN CARE: Routine newborn care, including Hospital nursery expenses and routine pediatric care while confined following birth will be considered as part of the newborn's expense. If the newborn is ill, suffers an Injury, or requires care other than routine care, benefits will be provided on the same basis as any other eligible expense. SCALP HAIR PROSTHESIS: Purchase of a scalp hair prosthesis when necessitated by hair loss due to the medical condition known as alopecia areata, or as lhe result of hair loss due to radiation or chemotherapy for diagnosed cancer will be payable as shown in the Schedule of Benefits. RB785- Rev 1/1/04 25 Agenda Item No. 16E2 April 13th, 2004 Page 30 of 73 43. 44. 45. 46. 47. 48. 49. SECOND SURGICAL OPINIONS: Voluntary second or third surgical opinions for elective, non- emergency Surgery when recommended for a Covered Person. Benefits for the second opinion will be payable only if the opinion is given by a specialist who: (a) is certified in the field related to the proposed Surgery; and (b) is not affiliated in any way with the Physician recommending the Surgery. SLEEP DISORDERS: Treatment of or related to sleep disorders. SPEECH THERAPY: Restorative or rehabilitative speech therapy necessary because of loss or impairment due to an Illness or Surgery, or therapy to correct a congenital defect. Speech therapy for developmental delay will not be considered eligible. STERIUZATION: Elective sterilization procedures. TRANSPLANTS' Services and supplies in connection with Medically Necessary non- Experimental transplant procedures, subject to the following conditions: A concurring opinion must be obtained prior to undergoing any transplant procedure. This mandatory opinion mustconcur with the attending Physician's findings regarding the Medical Necessity of such procedure. The Physician rendering this concurring opinion must be qualified to render such a service either through experience, specialist training, education, or such similar criteria, and must not be affiliated in any way with the Physician who will be performing the actual Surgery. If the donor is covered under this Plan, eligible medical expenses incurred by the donor will be considered eligible. If the donor is not covered under this Plan, reference provision (e). If the recipient is covered under this Plan, eligible medical expenses incurred by the recipient will be considered eligible. do If both lhe donor and lhe redpient are covered under this Plan, eligible medical expenses incurred by each person will be treated separately for each person. eo The Usual and Customary fee of securing an organ from the designated live donor, a cadaver or tissue bank, including the surgeon's fees, anesthesiology, radiology and pathology fees for the removal of the organ, and a Hospital's charge for storage or transpodation of the organ will be considered eligible. Transplant coverage is limited to lhose transplants that are medically recognized and are non-Experimental/Investigational in nature. URGENT CARE FACILITY: Services and supplies provided by an Urgent Care Facility. WELL CHILD CARE: Well child care up to age sixteen (16), including vaccinations and immunizations, routine office visits, developmental assessments, and related laboratory tests and x-rays will be payable as shown in the Schedule of Benefits. RB785 - Rev 1/1/04 26 Agenda Item No. 16E2 Apd113th, 2004 Page 31 of 73 SMARTCHOICE PROGRAM Smartchoice is a health management program for all members covered under this Plan. The current conditions that Smartchoice manages are: Lifestyle management, Diabetes Mellitus, Asthma, and Coronary Artery Disease. The Lifestyle management program focuses on long- term weight loss and improved health. It includes assessment, educa~on, and monitoring of a treatment Plan agreed upon by your physician. A care plan will be developed with goals outlined. A registered nurse (R.N.) manages all aspects of the program. Members must enroll and actively participate for twelve consecutive months in the Smartchoice program prior to consideration for pre-certification of any gastric by-pass surgery. Recommendation regarding request for gastric procedures inclusive of but not limited to: Bariatric Surgery, Gastric Stapling, Laparoscopic Gastric Bypass, Roux-en-Y Gastric Bypass (RYGB), Vertical Banded Gastroplasty (VBG). Please contact Smartchoice for further information. (239) 594-8000 DIABETES SUPPLY AND EDUCATION PROGRAM The Plan offers an exciting new diabetes supply program through Certified Diabetic Services, Inc. (CDS). This Dia beti c Supply Pr ogra m allows a Covered Person to, from the comfort of the Covered Person-s-home: Get all diabetic supplies from one source (no extra trips to the pharmacy) Get a ninety (90) day supply § Receive valuable educational material § Diabel~c education classes covered at 100% through CDS (Certified Diabetic Services, Inc.) DiabelJc supplies provided through Certified Diabetic Services, Inc. will be payable the same as mail order prescriptions as shown in the Schedule of Benefits. A special toll-free number, (800) 441-8643, is available to make ordering supplies fast and simple. Each shipment will be shipped direclJy to your home and will contain a ninety (90) day supply. CDS will automatically ship supplies every three (3) months based on the Covered Person--s i~ibility verification at time of shipment. CDS also offers the services of a Certified Diabetes Counselor. RB785 - Rev 1/1/04 27 Agenda Item No. 16E2 April 13th, 2004 Page 32 of 73 MEDICAL EXPENSE AUDIT BONUS The Plan offers an incentive to all Covered Persons to encourage examination and self-auditing of eligible medical bills to ensure the amounts billed by any provi der accurately retie ct the services and supplies received by the Covered Person. The Covered Person is asked to review all medical charges and verify that each itemized service has been received and that the bill does not represent either an overcharge or a charge for services never received. This self-auditing procedure is strictly voluntary; however, it is to the advantage of the Plan as well as the Covered Person to avoid unnecessary payment of health care costs. In the event a self-audit results in elimination or reduction of charges, 50% of the amount eliminated or reduced will be paid directly to the employee (subject to a $10 minimum payment and a $500 maximum payment per Calendar Year), provided the savings are accurately documented, and satisfactory evidence of a re duction in charges is submitted to the Contract Administrator (e.g. a copy of the incorrect bill and a copy of the corrected billing). This self-audit credit is in addition to the payment of all other applicable plan benefits for legitimate medical expenses. This credit will not be payable for expenses in excess of the Usual and Customary Charges, expenses which are not covered under the Plan, regardless of whether the charges are or are not reduced. ALTERNATIVE BENEFITS In addition to the benefits specified, the Plan may elect to offer benefits for services furnished by any provider pursuant to a Plan-approved alternative treatment plan, in which case those charges incurred for services provided to a Covered Person under an alternate treatment plan to its end, will be more cost effective than those charges to be incurred for services to be provided under the current treatment plan to its end. The Plan shall provide such alternative benefits at its sole discretion and only when and for so long as it determines that alternative care services are Medically Necessary and cost effective. If the Plan elects to provide alternalive benefits for a Covered Person in one instance, it shall not be obligated to provide the same or similar benefits for other Covered Persons under this Plan in any other instance, nor shall it be construed as a waiver of the Plan Administrator's rights to administer this Plan thereafter in strict accordance with its express terms. RB785 - Rev 1/1/04 28 Agenda Item No. 16E2 April 13th, 2004 Page 33 of 73 PRE-EXISTING CONDITION LIMITATION Expenses incurred in connection with a Pre-Existing Condition will not be considered eligible. A Pre-Existing Condition is defined as an Illness or Injury (whether physical or mental), regardless of cause, for which medical advice, diagnosis, care, or treatment was recommended or received during the six (6) consecutive month period prior to the individual's Enrollment Date of coverage under this Plan. Pre-Existing Conditions will be covered after the end of twelve (12) consecutive months (18 consecutive months for Late Enrollees) after the individual's Enrollment Date. The Pre-Existing Condition Limitation does not apply to: 1. Maternity benefits. A newborn child or newly adopted child if enrolled wilhin thirty-one (31) days of the birth, adoption or placement with the employee for the purpose of adoption. Genetic Information provided there has been no diagnosis of a condition related to the Genetic Information. 4. Prescription drugs pumhased through the Prescription Drug Card program. An employee and/or dependent who was covered under a Qualified Health Plan which is replaced by this Plan, unless they have not satisfied the Pre-Existing Condition Limitation of the Qualified Health Plan in effect prior to the effective date of this Plan. If they have not satisfied the prior plan's Pre-Existing Conditions provision, credit will be given towards this Pre-Existing Condition Limitation for any time which has elapsed while they were covered by a Qualified Health Plan, provided there was not a break in coverage of sixty-three (63) or more days. A certification of Creditable Coverage may be required to accurately determine the Pre-Existing Condition Limitation. The Plan must establish a procedure for Covered Persons to request and receive a certificate of Creditable Coverage. If the Plan requests additional information to determine if a pre-existing condition exists or requests a Certificate of Creditable Coverage, and that informalion is not received as requested, all additional claims related to that condition will receive an Adverse Benefit Determination and will be denied until the necessary information is received. Please refer to the General Provisions - Right of Review and Appeal section for further details. RB785- Rev 1/1/04 29 Agenda Item No. 16E2 Apdl 13th, 2004 Page 34 of 73 UTILIZATION REVIEW UTILIZATION REVIEW DOES NOT GUARANTEE PAYMENT. All benefits/payments are subject to the Covered Person's eligibility under the Plan. For benefit payment, services rendered must be considered an eligible expense under the Plan and are subject to all other provisions of the Plan. If a Covered Person is admitted or is recommended by a Physician to be admitted to a Hospital as an InpalJent, an Extended Care Facility oonfinement or a transplant, the confinement must be pre-certified by CHP. CHP will provide administrative services for the Utilization/Continued Stay Review. The following outpatient procedures/services must also be pre-certified: CT Scan/MRI/MRNPET Scan Carpal Tun nel Syndrome Dermatological procedures (acne therapy, dermabrasion, dermal peel, epidermal peel, PUVA) Durable Medical Equipment over $500 Endoscopies (colonoscopy, EGD) Home health care in excess of 5 visits Hysterectomy Nuclear Scans Nuclear stress test (pre-certification not necessary if emeregent) Obstetrical care (prenatal care by 12 weeks) Pain management (epidurals and facet blocks) Rehab services (pre-certification needed after 12 visits, i.e. physical, speech, occupational) Sleep disorder studies (treatment, C Pap) Ultrasound (3 or more) Blepharoplasty Breast reduction Cataract Surgery Nerve/pain stimulators Regardless of whether an individual uses providers inside or outside the PPO Network, it is the responsibility of the individual to pre-cedify all Inpatient Hospital admissions. For a non-emergency hospitalization, CHP will evaluate the proposed admission plan and length of stay. CHP will certify the number of days appropriate. In making these determinations, the diagnosis, physical status and any other complicating conditions of the patient will be taken into account. CliP will review any x-ray and laboratory results and confer with the attending Physician if necessary. The decision to be admitted will always rest with the patient and the Physician. The Pre-Admission Certification process will let the patient know, before expenses are incurred, whether or not the admission would be certified. Benefits will only be available for the number of days that have been certified. If the confinement will last longer than the number of days certified, CliP must be notified. At this point, CHP will conduct a Continued Stay Review. The Continued Stay Review will be conducted in much the same way as the Pre-Admission Certification. The case will be reviewed with the attending Physician to determine any additional Inpatient days. Benefits will not be available for any days beyond those certified. RB785 - Rev 1/1/04 30 Agenda Item No. 16E2 April 13th, 2004 Page 35 of 73 If a Covered Person is admitted to a Hospital in an emergency situation, the same rules as stated above will apply. However, the request for certificalJon must be made within forty-eight (48) hours of the admission. (If emergency admission occurs on a weekend or holiday, notification can be extended to the first business day following the emergency admission). The request may be made by a phone call to CHP by the patient, the patient's Physician, the Hospital or by a merrt)er of the patient's family. If the patient is unconscious, in a coma or unable to contact CHP due to Illness or Injury rendering the patient physically or mentally incapable, the notification requirement will be waived until the patient is able to contact CHP. Certification will be retroactive to the date of admission. Hospital stays in connection with childbirth for either the mother or newborn may not be less than forty-eight (48) hours following a vaginal delivery or ninety-six (96) hours following a cesarean section. These requirements can only be waived by the attending Physician in consultation with the mother. The Covered Person or provider is not required to pre-certify the maternity adrrission, unless the slay extends past the applicable forty-eight (48) or ni nety-six (96) hour stay. A Hospital stay begins at the time of delivery or for deliveries outside the Hospital, the time the newborn or mother is admitted to a Hospital following birth, in connection with childbirth. If the pre-certification program is not utilized, eligible expenses will be reduced by 50%. RB785 - Rev 1/1/04 31 Agenda Item No. 16E2 April 13th, 2004 Page 36 of 73 EXCLUSIONS AND LIMITATIONS No payment will be eligible under any podion of this Plan for expenses incurred by a Covered Person for the expenses or circumstances listed below. If an expense is paid that is found to be excluded or limited as shown below, lhe Plan has the right to collect that amount from the payee, the Covered Person, or from future benefits, and any such payment does not waive the written exclusions, limitations or other terms of the Plan. Expenses which are incurred prior to the effective date of coverage, or after the termination date of coverage will not be considered eligible. Expenses for or in connection with any Injury or Illness which arises out of or in the course of any occupation for wage or profit for which the Covered Person would be entitled to compensation under any Worker's Compensation Law or occupational disease law or similar legislation will not be considered eligible. Expenses for Injuries or Illness which were eligible for payment under Worker's Compensation or similar law and have reached the maximum reimbursement paid under Worker's Compensation or similar law will not be eligible for payment under this Plan. Expenses for the treatment of Illness or Injury resulting from war or any act ofwar, whether declared or undeclared, or while in the armed forces of any country or international organization will not be considered eligible. Expenses for treatment for which the Covered Person is also eligible for benefits under any other group insurance or service plan through any employer (see Coordination of Benefits section); or the medical payment or personal Injury sections of automobile, casualty or liability insurance regardless of whether such policy is owned by the Covered Person or some other party (see Subrogation section) will not be considered eligible. Expenses for services which are furnished under condition s which the Covered Person has no legal obligation to pay will not be considered eligible. This exclusion will not apply to eligible expenses which may be covered by state Medicaid coverage where federal law requires this Employer's plan to be primary. Expenses by a Hospital or covered residential treatment center if hospitalization is not recommended or approved bya legally qualified Physicianwill not be considered eligible. Expenses for services and supplies which are provided by any governmental agency for which the Covered Person is not liable for payment will not be considered eligible. In the case of a state-sponsored medical assistance program, benefits payable under this Plan will be primary. Benefits payable under this Plan will also be primary for any Covered Person eligible under TRICARE (the government sponsored program for military dependents). RB785 - Rev 1/1/04 32 Agenda Item No. 16E2 April 13th, 2004 Page 37 of 73 o 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Expenses for treatment at a facility owned or operated by the government will not be considered eligible, unless the Covered Person is legally obligated to pay. This does not apply to covered expenses rendered by a Hospital owned or operated by the United States Veteran'sAdministration when services are provided to a Covered Person for a non-servi ce related Illness or Injury. Expenses for services and supplies which are not prescribed or performed by or under the direction of a Physician will not be conSidered eligible. Expenses for services or supplies which are not medically recognized or are Experimentalllnvestigational in nature will not be considered eligible. Expenses which are performed subject to the Covered Person-s-informed consent under a treatment protocol that explains the treatment or procedure as being conducted under a human subject study experiment will not be considered eligible. Expenses incurred as the result of radioactive contamination or the hazardous properties of nuclear material will not be considered eligible. Expenses for Custodial Care, except as specified under Home Health Care and Hospice Care will not be considered eligible. Expensesfor services, care or supplies provided by a Close Relative will not be considered eligible. Expenses in excess of the Usual or Customary Charge will not be considered eligible. Expenses which are determined not to be Medically Necessary will not be considered eligible. Expenses for services or supplies if the Covered Person leaves the United States, the U.S. Territories, or Canada for the express purpose of receiving medical treatment will not be considered eligible. Expenses for a patient who becomes sick or injured while out of the United States, the U.S. Territories, or Canada will not be considered eligible after one hundred twenty (120) consecutive days. This time limit will not be applied if the Covered Person is out of the country for business or as a Full-Time Student. Expenses for or in connection with an Injury or Illness arising out of the commission of a felony or an illegal occupation will not be considered eligible. Expenses incurred in connection with dental care, treatment, x-rays, general aneslhesia or Hospital expenses will not be considered eligible, except as specified under Eligible Expenses. RB785 - Rev 1/1/04 33 Agenda Item No. 16E2 April 13th, 2004 Page 38 of 73 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. Expenses for vision care, including routine eye exams, professional services for the fitting and/or supply of lenses, frames, contact lenses and other fabricated optical devices, orthoptics, vision therapy and supplies will not be considered eligible. However, benefits will be provided for the necessary initial placement of a pair of eyeglasses, contact lenses or an intraocular lens following a surgical procedure to the eye. Expenses for radial kerato tomy or any surgical procedure to correct refractive errors of the eye will not be considered eligible. Expenses for routine hea ring examinations and hearing aids, including the fitting thereof will not be considered eligible, except as specified under Eligible Expenses. Expenses for Cosmetic Surgery will not be considered eligible, except as specified under Eligible Expenses. Expenses for the reversal of elective sterilization will not be considered eligible. Expenses for confinement, treatment, testing or service related to infertility (the inability to conceive) or the promotion of conception will not be considered eligible. Expenses for maternity expenses incurred by a dependent other than an employee's spouse will not be considered eligible. Expenses in connection with sex transformation will not be considered eligible. Expenses for contraceptive procedures and devices, including but not limited to, oral contraceptives and the placement or removal of a contraceptive device will not be considered eligible, except as spedfied under Eligible Expenses. Expenses related to elective abortions will not be considered eligible, except as specified under Eligible Expenses. Expenses for religious, marital, family or relationship counseling will not be considered eligible, except as specified under Hospice Care. Expenses for services, supplies or drugs related to sexual dysfunction not related to organic disease; or sex therapy will not be considered eligible Expenses for occupational therapy or supplies will not be considered eligible, except as specified under Eligible Expenses. Expenses in connection with the treatment of developmental delays, including, but not limited to speech therapy, occupational therapy, physical lherapyand any related diagnostic testing will not be considered eligible. RB785 - Rev 1/1/04 34 Agenda Item No. 16E2 April 13th, 2004 Page 39 of 73 35. Expenses for recreational and educational therapy; learning disabilities; behavior modification therapy; any form of non-medical self-care or self-help training, including any related diagnostic testing; music therapy; health club memberships; aquatic or pool therapies will not be considered eligible. Diabetic education is considered eligible as specified under Eligible Expenses. 36. Expenses for massage therapy.will not be considered eligible, unless when part of an overall patient treatment plan. 37. Expenses for hypnotherapy will not be considered eligible. 38. Expenses for smoking cessation programs, including smoking deterrents will not be considered eligible. 39. Expenses for weight loss programs or treatment of obesity will not be considered eligible, except for Medically Neoessary surgical and non-surgical treatment of Morbid Obesity when enrolled under the Smartchoice program. See the Smartchoice Program section in the Plan. 40. Expenses for treatment or services due to Temporomand ibular Joint Disorders (TM J) will not be considered eligible. 41. Expenses for personal hygiene and convenience items will not be considered eligible. 42. Expenses for repair or maintenance of Durable Medical Equipment will not be considered eligible. Expenses for the rental or purchase of any type of air conditioner, air purifier, or any other device or appliance will not be considered eligible, except as specified under Eligible Expenses. 43. Expenses for any over-the-counter medication will not be considered eligible. Expenses for drugs and medicines not requiring a prescription by a licensed Physician and not dispensed by a licensed pharmacist will not be considered eligible. 44. Expenses for detoxificati on will not be considered eligible, unless followed by an Inpatient stay in a Hospital or a residential chemical dependency treatment fadlity or an outpatient treatment program within fourteen (14) days of the receipt of the detoxification services. 45. Expenses for chemical dependency evaluations will not be considered eligible, unless followed by an Inpatient stay in a Hospital or a residential chemical dependency treatment facility, or an outpatient treatment program within fourteen (14) days of the receipt of the evaluation. 46. Expenses for naturopathic and homeopathic treatments, services and supplies will not be considered eligible. 47. Expenses for genetic testing or genetic counseling will not be considered eligible, except amniocentesis testing as specified under Eligible Expenses. RB785 - Rev 1/1/04 35 Agenda Item No. 16E2 April 13th, 2004 Page 40 of 73 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. Expenses for cognitive lherapy and kinetic therapy will not be considered eligible. Cognitive therapy is defined a.s therapy which embraces mental activities associated with thinking, learning, and memory. Kinetic therapy is defined as therapy related to motion or movement (i.e. the study of motion, acceleration or rate of change). Expenses for nutritional supplements or special infant formulas will not be considered eligible unless received in an Inpatient Hospital environment or as specified under Eligible Expenses. Enteral supplementation is covered under the Plan only when it is a life sustaining measure. Expenses for maintenance therapy of any type when the individual has reached the maximum level of improvement will not be considered eligible. Expenses in connection with Phase III cardiac rehabilitation, including, but not limited to occupational therapy or work hardening programs will not be considered eligible. Phase III is defined as the general maintenance level of treatment, with no further medical improvements being made, and exercise therapy that no longer requires the supervision of medical professionals. Expenses for services related to gambling addiction will not be considered eligible. Expenses for chelation therapy will not be considered eligible, unless due to heavy metal poisoning. Chelation therapy reduces the plaque deposits in the arteries and other parts of the body. Expenses for care, services or treatment required as a result of complications from a treatment not covered under the Plan will not be considered eligible, except complications from abortions as specified under Eligible Expenses. Expenses for Injury or Illness arising out of attempted suicide or an intentional self-inflicted Injury, will not be considered eligible. This exclusion will not apply if self-inflicted injuries result from a medical condition such as depression and the benefits for such injuries are normally covered under the Plan. Expenses for mailing and/or shipping and handling expenses will not be considered eligible. Expenses for completion of claim forms, missed appointments or telephone consultations will not be considered eligible. Expenses for travel of a Physician or Covered Person will not be considered eligible, except as specified under Eligible Expenses. Expenses for sales tax will not be considered eligible. Expenses for penile prosthetic implants will not be considered eligible. Expenses for insertion or maintenance of an artificial heart will not be considered eligible. RB785 - Rev 1/1/04 36 Agenda Item No. 16E2 Apdl 13th, 2004 Page 41 of 73 62. Expenses for treatment of or related to an overdose of drug or medication will not be considered eligible. This exclusion will not apply if self-inflicted injuries result from a medical condition such as depression and lhe benefits for such injuries are normally covered under the Plan. 63. Expenses for adoption or surrogate services will not be considered eligible. 64. Expenses for biofeedback will not be considered eligible. 65. 66. Expenses for bereavement counseling will not be considered eligible. Expenses which would be eligible for payment under any plan or policy required by law, whether the Covered Person chose to be covered under such plan or not will not be considered eligible. Under required No-fault auto coverage, minimum coverage required by law will be treated as an additional deductible. RB785 - Rev 1/1/04 37 Agenda Item No. 16E2 April 13th, 2004 Page 42 of 73 DEFINITIONS ADVERSE BENEFIT DETERMINATION: Means any of the following: 2. 3. 4. A denial in benefits; A reduction in benefits; A termination of benefits; or A failure to provide or make payment (in whole or in part) for a benefit, including any such denial, reduction, termination, or failure to provide or make payment that is based on a determination of a Claimant-s-eligibility to participate in the Plan. AMBULATORY SURGICAL FACILITY: An ambulatory surgical center, free-standing surgical center, or outpatient surgical center, which is not part of a Hospital and which: (1) has an organized medical staff of Physicians; (2) has permanent facilities that are equipped and operated primarily for the purpose of performing surgical procedures; (3) has continuous Physician's services and registered graduate nursing (R.N.) services whenever a I~atient is in the facility; (4) is licensed by the jurisdiction in which it is located; and (5) does not provide for overnight accommodations. AUTHORIZED REPRESENTATIVE: A Claimant may authorize a representative to act on their behalf in pursuing a benefit claim or appeal of an Adverse Benefit Determination. The Claimant must authorize the representative in writing, and this written authorization must be provided to the Plan. The Plan will recognize this Authorized Representative when the Plan receives the written authorization. In the case of a claim involving urgent care, a Health Care Professional with knowledge of the Claimant's medical condition isalso permitted to act as the Claimant's Authorized Representative. BIRTHIqG CENTER: A place licensed as such by an agency of the state. If the state does not have any licensing requirements, it must meet all of the following tests: (1) is primarily encjaged in providing birthing services for Iow risk pregnancies; (2) it is operated under the supervision of a Physician; (3) it has at least one registered nurse (R.N.) certified as a nurse midwife in attendance at all times; (4) it has a written agreement with a licensed ambulance for that service to provide immediate transportation of the Covered Person to a Hospital as defined herein if an emergency arises; and (5) it has a ~vritten agreement with a Hospital located in the immediate geographical area of the Birthing Center to provide emergency admission of the Covered Person. CALENDAR YEAR: January I through December 31 each year. CHEMICAL DEPENDENCY: A condition characterized by physiological or psychological dependence, or both, on alcohol or a controlled substance. It is further characterized by a frequent or intense pattern of pathological use, to the point that the user: (1) loses self-control over the amount and circumstances of use; or (2) develops symptoms of tolerance, or psychological and/or physiological withdrawal if use is reduced or stopped; or (3) substantially impairs or endangers their health or substantially disrupts their social or economic function. Chemical Dependency includes alcohol or drug psychoses and alcohol or drug dependence syndromes. RB785 - Rev 1/1/04 38 Agenda Item No. 16E2 April 13th, 2004 Page 43 of 73 CLAIM FOR BENEFITS: A request for a plan benefit or benefits made by a claimant in accordance with a Plan-s-reasonable procedure for filing benefit claims. A claim for benefits includes any Pre- Service and Post-Service Claims. A request for benefits includes a request for coverage determination, for pre-authorization or approval of a plan benefit, or for a utilization review determination in accordance with the terms of the Plan. CLAI~IANT: A person requesting benefits under the Plan. A Claimant may or may not be a Covered Person under the plan. CLOSE RELATIVE: A Covered Person's spouse, parent (including step-parents), sibling, child, grandparent or in-law. CO-INSURANCE: The percentage of eligible expenses the Plan and lhe Covered Person are required to pay. The amount of Co-insurance a Covered Person is required to pay is the difference from what the Plan pays as shown in the Schedule of Benefits. CONCURRENT CARE: Ongoing care or course of treatment. CONTRACTADMINISTRATOR: The organization providing services to the Employerin connection with the operation of this Plan and performing such other functions, including processing of claims, as may be delegated to it. CO-PAY: The portion of the medical expense which is the responsibility of the Covered Person as shown in the Schedule of Benefits. A Co-pay is applied for each occurrence of such covered medical service and is not applied toward satisfaction of the Deductible, Co-insurance or Out-of- Pocket Limit. COSMETIC SURGERY; Any procedure which is primarily directed at improving an individual's appearance and does not meaningfully promote the proper function of the body or prevent or treat Illness or disease. COVERED EMPLOYEE: An Eligible Employee whose coverage has become effective and has not terminated. COVERED PERSON: An Eligible Employee or Eligible Dependent whose coverage has become effective and has not terminated. CREDITABLE COVERAGE: Coverage provided under any Qualified Health Plan. CUSTODIAL CARE: Care or service which is designed primarily to assist a Covered Person, whether or not disabled, in the activities of daily living. Such activities include, but are not limited to: bathing, dressing, feeding, preparation of special diets, assistance in walking or in getting in and out of bed, and supervision over medication which can normally be self-administered. RB785 - Rev 1/1104 39 Agenda Item No. 16E2 April 13th, 2004 Page 44 of 73 DEDUCTIBLE: The total amount of eligible expenses, as shown in the Schedule of Benefits, which must be incurred by a Covered Person dudng any Calendar Year before covered expenses are payable under the Plan. The Family Deductible maximum, as shown in the Schedule of Benefits, is the maximum number of Deductibles or maximum amount (depending on Plan Option selected) which must be incurred by the covered family members during a Calendar Year. However, each individual in a family may not contribute more than one individual Deductible amount to the family Deductible. Carry-Over. If the Deductible is satisfied in whole or in part by eligible expenses incurred during October, November or December, those expenses will apply to the Deductible applicable in the next Calendar Year. DURABLE MEDICAL EQUIPMENT: Equipment prescribed by the attending Physician which meets all of the following requirements: (1) it is Medically Necessary; (2) it can withstand repeated use; (3) it is not disposable; (4) it is not useful in the absence of an Illness or Injury; (5) it would have been covered if provided in a Hospital; and (6) it is appropriate for use in the home. ELIGIBILITY DATE: The first date of coverage afl_er the Eligible Employee has satisfied any applicable waiting period. See Eligibility 8, Enrollment section. ENROLLMENT DATE: The earlier of: (1) the first date of coverage; or (2) the first day of any applicable waiting period. The Enrollment Date with regards to a Late Enrollee will be the first date of coverage. EXPE RIME NTALIINVE STIGATIONAL: A drug, device, medical treatment or procedure is Experimental or Investigational: (1) if the drug or device cannot be lawfully marketed without approval of the U.S. Food and Drug Administration and approval for marketing has not been given at the time the drug or device is furnished; (2) if Reliable Evidence shows that the drug, device, medical or dental treatment or procedure isthe subject of ongoing Phase I, II or III clinical trials, or is under study to determine its maximum tolerated dose, its toxicity, its safety, its efficacy or its efficacy as compared with a standard means of treatment or diagnosis; (3) if Reliable Evidence shows that the prevailing opinion among expeds regarding the drug, device, medical treatment or procedure is that further studies or clinical trials are necessary to determine its maximum tolerated dose, its toxicity, its safety, its efficacy or its efficacy as compared with a standard means of treatment or diagnosis. ~Reliable Evidence~J~all mean only published reports and articles in the authoritative medical or dental and scientific literature; the written protocol or protocols used by the treating facility or the protocol(s) of another facility studying substantially the same drug, device, medical or dental treatment or procedure; or the written informed consent used by the treating facility or another facility studying substantially the same drug, device, medical or dental treatment or procedure. RB785 - Rev 1/1/04 40 Agenda Item No. 16E2 April 13th, 2004 Page 45 of 73 EXTENDED CARE FACILITY: An institution or that part of any institution which operates to provide convalescent or nursing care which: (1) is primarily engaged in providing to Inpatients skilled nursing care and related services for patients who require medical or nursing care; or rehabilitation services for the rehabilitation of injured, disabled, or sick persons; (2) has policies which are developed with the advice of (and with provisi on for review of such polici es from time to time by) a group of professional personnel, including one or more Physicians and one or more registered nurses (R.N.) to govern the skilled nursing care and related medical or other services it provides; (3) has a Physician, a registered nurse (R.N.), or a medical staff responsible for the execution of such policies; (4) has a requirement that the health care of every patient be under the supervision of a Physician, and provides for having a Physician available to furnish necessary medical care in case of emergency; (5) maintains clinical records on all patients; (6) provides twenty-four (24) hour nursing service which is sufficient to meet nursing needs in accordance with the policies developed above, and has at least one registered nurse (R.N.) employed full-time; (7) provides appropriate methods and procedures for the dispensing and administe ring of drugs and injectio ns; (8) in the case of an institution in any state in which state or applicable local law provides for the licensing of institutions of this nature, is licensed pursuant to such law, or is approved by the agency of the state or locality responsible for licensing institutions of this nature as meeting the standards established for such licensing; and (9) meets any other conditions relating to the health and safety of individuals who are furnished services in such institutions or relating to the physical facilities thereof. GENETIC INFORMATION: Information about genes, gene products, and inherited characteristics that may derive from the individual or a family member. This includes information regarding carrier status and information derived from laboratory tests that identify mutations in specific genes or chromosomes, physical medical examinations, family histories, and direct analysis of genes or chromosomes. HEALTH CARE PROF ESS IONAL: A Physician or other Health Care Professional licensed, accredited, or certified to perform specified health services consistent with State law. HOME HEALTH CARE AGENCY: A public or private agency or organization that specializes in providing medical care and treatment in the home. Such a provider must meet all of the following conditions, it: (1) is duly licensed, if such licensing is required, by the appropriate licensing authority, to provide skilled nursing services and other therapeutic services; (2) qualifies as a Home Health Care Agency under Medicare; (3) meets the standards of the area-wide health care planning agency; (4) provides skilled nursing services and other services on a visiting basis in the patient's home; (5) is responsible for administering a home health care program; and (6) supervises the delivery of a home health care program where the services are prescribed and approved in wdting by the patient's attending Physician. RB785 - Rev 1/1/04 41 Agenda Item No. 16E2 April 13th, 2004 Page 46 of 73 HOSPICE: An agency that provides counseling and incidental medical services and may provide room and board to terminally ill individuals and which meets all of the following requirements: (1) it has obtained any required state or governmental Certificate of Need approval; (2) it provides twenty-four (24) hour-a-day, seven (7) days-a-week service; (3) it is under the direct supervision of a duly qualified Physician; (4) it has a nurse coordinator who is a registered nurse (R.N.) with four (4) years offu II-time clinical experience, at lea st two (2) of which involved caring for terminally ill Patients; (5) it has a social-service coordinator who is licensed in the jurisdiction in which it is located; (6) it is an agency that has as its primary purpose the provision of hospice services; (7) it has a full-time administrator; (8) it maintains written records of services provided to the patient; (9) its employees are bonded, and it provides malpractice and malplacement insurance; (10) it is established and operated in accordance with the applicable laws in the jurisdiction in which it is located and, where licensing is required, has been licensed and approved by the regulatory authority having responsibility for licensing under the law; (11) it provides nursing care by a registered nurse (R.N.), a licensed practical nurse (L.P.N.), a licensed physical therapist, cedified occupational therapist, American Speech Language and Hearing Association certified speech therapist, or a certified respiratory therapist; and (12) it provides a home health aide acting under the direct supervision of one of the above persons while performing services specifically ordered by a Physician. HOSPITAL: A facility which: (1)is licensed as a Hospital where licensing is required; (2) is open at all times; (3) is operated mainly to diagnose and treat Illnesses on an Inpatient basis; (4) has a staff of one or more Physicians on call atall times; (5) has twenty-four (24) hour a day nursing services by registered nurses (R.N.'s); and (6) has organized facilities for major Surgery. However, an institution specializing in the care and treatment of Mental/Nervous Disorders or Chemical Dependency which would qualify as a Hospital, except that it lacks organized facilities on its premises for major Surgery, shall be deemed a Hospital. In no event shall "Hospital" indude an institution which is primarily a rest home, a nursing home, a clinic, an Extended Care Facility, a convalescent home or a similar institution. ILLNESS: A disease, sickness, pregnancy or a condition involving bodily or mental disorder of any kind. All disorders which exist simultaneously and are due to the same or related causes shall be considered one Illness. INJURY: A bodily Injury which results independently of Illness and is caused by accidental means. All bodily Injuries sustained in any one accident and all related conditions and recurrent symptoms will be considered one Injury. INPATENT: Admission as a bed patient to an eligible institution. LATE ENROLLEE: An Eligible Employee or Eligible Dependent who does not elect coverage under this Plan within thirty-one (31) days of their Eligibility Date and who is not otherwise considered a Special Enrollee. An employee not enrolled or not eligible for coverage under the Employer's previous Employer-sponsored plan will be considered a Late Enrollee. RB785 - Rev 1/1/04 42 Agenda Item No. 16E2 April 13th, 2004 Page 47 of 73 LIFETIME MAXIMUM: The maximum benefit payable during an individual's lifetime while covered under this Plan. Benefits are available only when an individual is eligible for coverage under Ibis Plan. The Plan provides for a Lifetime Maximum Benefit for specific types of medical treatment as well as for the total benefits provided by the Plan as shown in the Schedule of Benefits. MEDICAL EMERGENCY: Medical services and supplies provided after the sudden onset of a medical condition (Injury or Illness) manifesting itself by acute symptoms, including intense pain, which are severe enough that the lack of immediate medical attention could reasonably be expected to result in any of the following: (1) the patienfs health would be placed in serious jeopardy; (2) bodily function would be seriously impaired; or (3) there would be serious dysfunction of a bodily organ or part. MEDICALLY NECESSARY: The medical service a patient receives which is recommended by a Physician and is required to treat the medical symptoms of a certain Illness or Injury. Although the service may be prescribed by a Physician, that does not mean the service is Medically Necessary. The medical care or treatment must: (1) be consistent with the medical diagnosis and prescribed course of medical Ireatment for the Covered Person's medical condition; (2) be required for masons other than the convenience of the Covered Person or the attending Physician; (3) generally be accepted as an appropriate form of care for the medical condition being treated; and (4) be likely to result in physical improvement of the patient's medical condition which is unlikely to ever occur if the medical treatment is not administered. MENTALINERVOUS DISORDERS: Any condition classified as a mental disorder, except for mental retardation and Chemical Dependency, in the current edition of the International Classification of Diseases published by the U.S. Department of Health and Human Services. This indudes, but is not limited to attention deficit disorders, eating disorders, bi polar disorders, psychotic disorders, neurotic disorders, adjustment disorders and personality disorders. MORBID OBESITY: A condition in which the body weight is in excess of the normfor a person of the same age, sex and height by the lesser of one hundred (100) pounds or 50% of the persons ideal weight, provided treatment is under the recommendation and supervision of a Physician. OUT-OF-POCKET LIMIT: An Out-of-Pocket Limit is the maximum amount of Co-insurance and Deductible a Covered Person and/or all family members will pay for eligible expenses during a Calendar Year before the covered percentage increases to 100%. NOTE: Expenses incurred for the following cannot be applied toward the Out-of-Pocket Limit: (1) Deductibles; (2) Co-pays; (3) any penalty amounts; (4) any charges as defined in the Exclusions and Limitations section; (5) a Covered Person's Co-insurance for treatment of Mental/Nervous Disorders or Chemical Dependency; and (6) a Covered Person-s-Co-insurance for chiropractic care or acupuncture. RB785 - Rev 1/1/04 43 Agenda Item No. 16E2 April 13th, 2004 Page 48 of 73 PHYSICIAN: A legally licensed Physician who is acting within the scope of their license, and any other licensed practitioner required to be recognized for be neff t pay merit pu rpos es un der t he la ws of the state in which they practice and who is acting within the scope of their license. The definition of Physician includes, but is not limited to: Doctor of Medicine (M.D.), Doctor of Osteopathy (D.O.), Doctor of Dental Surgery (D.D.S.), Doctor of Dental Medicine (D.M.D), Chiropractor, Licensed Consulting Psychologist, Licensed Psychologist, Licensed Clinical Social Worker, Master of Social Work (M.S.W.), Optometrist, Ophthalmologist, Physical Therapist, Podiatrist, Registered Nurse (R.N.), Licensed Practical Nurse (L.P.N.), Certified Registered Nurse Anesthetist (C.R.N.A.), Speech Therapist, Speech Pathologist, Licensed Midwife, Acupuncturist, Massage Therapist, Physician .o ,~,ssistant, Advanced Registered Nurse Practitioner (A.R .N.P.) An employee of a Physician who provides services under the direction and supervision of such Physician will also be deemed to be an eligible provider under the Plan. PLAN ADMINISTRATOR: The Employer, which is sponsoring this Plan for its employees. The Plan Administrator may hire persons or firms to process claims and perform other Plan connected services. POST-SERVICE CLAIM: Post-Service Claims are all claims that are not Pre-Service Claims. PRE-SERVICE CLAIM: Pre-Service Claims is any request for approval o7 a benefit with respect to which the terms of the Plan condition receipt of the benefit, in whole or in part, on approval of the benefit in advance of obtaining medical care. PREFERRED PROVIDER NETWORK: All participating providers, health professionals, Hospitals, or other organizations having an agreement with the Preferred Provider Organization (PPO). PRIMARY CARE PHYSICIAN: A Physician responsible for managing and coordinating the full scope of a Covered Person-s-medical care, including but not limited to performing routine evaluations and treatment, arranging for all necessary referrals to specialists, ordering laboratory tests and x-ray examinations, prescribing necessary medications and arranging for a Covered Person--s hospitalization or other services when appropriate (ie. General Practitioner including Internist, OB\GYN, Pediatrician, family practice, etc.). QUALFIED HEALTH PLAN: The following will be considered Qualified Health Plans: (1) a group health plan; (2) health insurance coverage; (3) Medicare; (4) Medicaid; (5) TRI-CARE; (6) Indian Health Service plan or tribal organization plan; (7) a state risk pool coverage; (8) federal employees health insurance coverage; (9) public health plan; and (10) Peace Corps plan. SPEC IAL ENROLLEE: An Eligible Employee or Eligible Dependent who: (1) declined coverage under this Plan due to coverage under another Qualified Health Plan, provided the employee enrolls under this Plan within thirty-one (31) days after termination of coverage under the Qualified Health Plan due to loss of eligibility or termination of employer contributions toward the cost of coverage; or (2) has a new dependent as a result of marriage, birth, adoption, or placement for adoption. A written waiver of coverage stating the existence of coverage under another Qualified Health Plan must have been completed by the employee in order for the employee or dependent to be considered a Special Enrollee at a later date. A Special Enrollee is not considered a Late Enrollee. RB785- Rev 1/1/04 44 Agenda Item No. 16E2 April 13th, 2004 Page 49 of 73 SPECIALIST PHYSICIAN: A Physician who provides services to a Covered Person within the range of his or her specialty when referred by the primary care Physician (ie. cardiologist, neurologist, etc.). SURGERY: Any operative or diagnostic procedure performed in the treatment of an Illness or Injury by an instrument or cutting procedure through any natural body opening or incision. The reduction of a fracture or dislocation will also be considered Surgery. URGENT CARE CLAIM: Any Pre-Service Claim for medical care or treatment with respect to which the application of the time periods for making non-urgent care determinations could seriously jeopardize the life or health of the Claimant or the ability of the Claimant to regain maximum function, or in the opinion of a Physician with knowledge of the Claimant-s-medical condition, would subject the Claimant to severe pain that cannot be adequately managed without the care or treatment that is the subject of the claim. A Post-Service Claim is never an Urgent Care Claim. URGENT CARE FACILITY: A fadlity which is engaged primarily in providing minor emergency and episodic medical care to a Covered Person. A board-certified Physician, a registered nurse, and a registered x-ray technician must be in attendance at all times that the facility is open. The facility must include x-ray and laboratory equipment and a life suppod system. For the purpose of this Plan, a facility meeting these requirements will be considered to be an Urgent Care Facility, by whatever actual name it may be called; however, an after-hours clinic shall be excluded from the terms of this definition. USUAL AND CUSTOMARY CHARGE: Charges made for medical services or supplies essential to the care of the individual will be subject to a Usual and Customary determination. Usual and Customary allowances are based on what is usually and customarily accepted as paymentfor the same service within a geographical area. In determining whether charges are Usual and Customary, consideration will be given to the nature and severity of the condition and any medical complications or unusual circumstances which require additional time, skill or experience. RB785 - Rev 1/1/04 45 Agenda Item No. 16E2 April 13th, 2004 Page 50 of 73 TERMINATION OF BENEFITS An employee's or depe nden t's c overage s hall ter minat e at t he ea di est time i ndi cate d bel ow: In the event the employee fails to make any required contributions when due, benefits shall automatically terminate at the end of the period for which the contribution was made. Upon termination of employment, benefits will cease on the last day of the month in which the employee terminated. Cessation of active work by an employee shall be deemed termination of employment, except as follows: In the event an employee is absent on account of Illness or Injury, employment shall be deemed to continue for the purpose of benefits hereunder until the date contributions received from the Employer for such employee's benefits are discontinued; An employee who retires and qualifies as a retiree of Collier County Government (qualifying retirees must meet the requirement of Florida Statute 112.0801). Eligibility for Medicaid or the recipient of Medicaid benefits will not be taken into account in determining eligibility. This extension also applies to the retiree's dependents. Once the retiree becomes eligible for Medicare, this Plan will pay secondary to Medicare. Should the retiree die, the spouse may remain on the Plan until the date the spouse becomes eligible for Medicare; or The benefits of an employee who is temporarily laid-off or granted leave of absence may be continued, but not beyond the end of the leave of absence or lay-off. The leave of absence or lay-off may not exceed six (6) months. The date the employee or dependent ceases to be eligible for coverage or ceases to be in a class eligible for coverage. 4. When maximum benefits of this Plan have been exhausted. 5. The date the dependent becomes an Eligible Employee. When the employee or dependent enters the military service on a full-time active duty basis other than scheduled drills or other training not exceeding one month in any Calendar Year. 7. The date the Plan is terminated. RB785 - Rev 1/1/04 46 Agenda Item No. 16E2 Apdl 13th, 2004 Page 51 of 73 FAMILY AND MEDICAL LEAVE ACT (FMLA) An eligible employee is entitled to a maximum of twelve (12) weeks of unpaid leave in any twelve (12) month period for reasons that qualify under FMLA. An employee may choose not to retain health coverage during the FMLA leave. However, when an employee returns from leave, the employee is entitled to have coverage reinstated on the same basis as it would have been if the leave had not been taken. (Coverage will be reinstated without any additional qualification requirements imposed by the Plan. The Plan's provisions with respect to Pre-Existing Conditions, Deductibles and Co-insurance amounts will apply on the same basis as they did prior to the FMLA leave.) UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT (USERRA) If an individual was covered under this Plan immediately pri or to being called to active duty by any of the uniformed services of the United States of America, coverage may continue for up to eighteen (18) months or the period of uniformed service leave, whichever is shortest, if the individual pays any required contributions toward the cost of coverage during the leave. If the leave is less than thirty (30) days, the contribution rate will be the same as for active employees. If the leave is longer than thirty (30) days, the required contribution will not exceed 102% of the cost of coverage. Whether or not the individual elects continuation coverage under the Uniformed Services Employment and Reemployment Rights Act (USERRA), coverage will be reinstated on the first day the individual returns to active employment with the Employer if released under honorable conditions and the individual returns to employment: (a) on lhe first full business day following completion of the military service for a leave of thirty (30) days or less; or (b) within fourteen (14) days of completing military service fora leave of thirty-one (31)to one hundred eighty (180) days; or (c) within ninety (90) days of completing military service for a leave of more than one hundred eighty (180) days ( a reasonable amount of travel time or recovery lime for an Illness or Injury determined by the VA to be service connected will be allowed). When coverage under this Plan is reinstated, all provisions and limitations in this Plan will apply to the extent that they would have applied if the military leave had not been taken and coverage had been continuous under this Plan. The eligibility waiting period will be waived and the pre- existing condilion limitation will be credited as if you had been continuously covered under this Plan from the original effective date. (This waiver of limitations does not provide coverage for any Illness or Injury caused or aggravated by the military service, as determined by lhe VA. For complete information regarding the rights under USERRA contact the Employer.) RB785 - Rev 1/1/04 47 Agenda Item No. 16E2 April 13th, 2004 Page 52 of 73 CONTINUATION OF BENEFITS (COBRA) A Covered Person whose coverage has been terminated for any Qualifying Event enumerated below has the right to continue coverage for all benefits of this Plan if covered for such benefits on the day immediately preceding the termination date. A child born or placed for adoption with a Covered Employee during the continuation period will also be eligible for continuation of benefits. The time period for which the conlJnuation is available is indicated below in conjunction with the corresponding Qualifying Event. If COBRA is elected, coverage will continue as though termination of employment orloss ofeligible status had not occurred. Any accumulation of deductibles or benefits paid prior to termination or loss of eligibility, which had been credited toward any deductible or maximum benefit of this Plan, will be retained. COBRA may not be denied to an individual who had coverage under another group health plan or Medicare prior to a Qualifying Event. Also, no new or additional waiting periods or pre-exis~ng condition limitation requirements will apply. If any changes are made to the coverage for employees actively-at-work, the coverage provided to the individuals under this continuation provision will be similarly changed. QUAL~=YING EVENTS An eighteen (18) month continuation is available to employees and/or dependents in the event of any one or both of the following Qualifying Events: 1. An employee's termination of emploYment for any reason except gross misconduct; 2. An employee's loss of eligibility to participate due to reduced work hours. In the event an employee and/or dependent has both qualifying events happen, the total length of the continuation will not exceed eighteen (18) months. A twenty-nine (29) month continuation shall be available to all covered family members in the event a Covered Person is disabled on or before the date of the employee's Qualifying Event, or is disabled during the first sixty (60) days of the COBRA continuation. The Covered Person must provide the Plan Administrator with notice of the disability within sixty (60) days of the determination of the disability and before the end of the original eighteen (18) month COBRA coverage period. The Covered Person must notify the Plan Administrator of a determination by Social Security that the individual is no longer disabled within thirty (30) days of such determination. A Covered Person will be determined disabled per Social Security guidelines. RB785 - Rev 1/1/04 48 Agenda Item No. 16E2 April 13th, 2004 Page 53 of 73 A thirty-six (36) month continuation shall be available to a dependent spouse and/or child in the event of any one of the following Qualifying Events: 1. An employee's death; 2. Divorce or legal separation from the employee; 3. A dependent child's loss of eligibility to participate; o A dependent's loss of eligibility to participate in this Plan due to the employee becoming entitled to Medicare benefits as a result of a disability or choosing Medicare in place of this Plan at age sixty-five (65). Individuals may be covered under multiple Qualifying Events, but in no case will coverage be continued for more than thirty-six (36) months. A conlinuation may also be available to a retiree or the dependent of a retiree in the event of the Employer's filing of a bankruptcy proceeding under TilJe 11 of United States Code (considered a Qualifying Event). Please see the COBRA administrator for further details regarding Ibis continuation. NOTICE OF CONTINUATION A Covered Person has sixty (60) days from the date of loss of coverage as a result of a Qualifying Event or sixty (60) days from the date lhe Plan Administrator nolifies the Covered Person of their rights, whichever is longer, to elect coverage. The Plan Administrator will also notify the Covered Person regarding the cost of the continuation. (Payment of premium for the period from the date of loss of coverage to election of continuation is not required until the forty-fifth (45th) day after the election). All subsequent payments for coverage after the date of election are subject to a thirty (30) day grace period. If a Covered Person waives coverage under COBRA, and later re-elects coverage within the sixty (60) days, the Covered Person will be eligible to continue coverage under COBRA. However, coverage will not begin until the date of the revocation of the waiver. The Covered Person is required to notify the Plan Administrator within sixty (60) days of any Qualifying Event which affects the eligibility of a dependent. RB785 - Rev 1/1/04 49 Agenda Item No. 16E2 April 13th, 2004 Page 54 of 73 TERMINATION OF CONTINUATION OF COVERAGE Continuation of Coverage shall not be provided beyond whichever of the following dates is first to OCCUr: 1. The date the maximum continuation period expires for the corresponding Qualifying Event; 2. The date this Plan is terminated; 3. The date the individual fails to make the required contribution to continue coverage; 4. The date the individual becomes covered under any other group health plan after the date of COBRA election which does not contain any exclusion or limitation with respect to any pre-existing condition; 5. The date the individual has satisfied the pre-existing condition limitation of the group health plan the individual has become covered under after the date of COBRA election; 6. The date the individual becomes entitled to Medicare benefits after the date of COBRA election; or 7. In the month that begins more than thirty (30) days after a final determination has been made that an individual is no longer disabled. RB785 - Rev 1/1/04 5O Agenda Item No. 16E2 April 13th, 2004 Page 55 of 73 COORDINATION OF BENEFITS If a Covered Person is covered under more than one group plan as defined below, including this Plan, benefits will be coordinated. The benefits payable under this Plan for any Claim Determination Period, will be either its regular benefits or reduced benefits which, when added to the benefits of the other plan, may equal 100% of the Allowable Expenses defined below. DEFINITIONS Allowable Expenses: Any Medically Necessary, Usual and Customary item of expense incurred by a Covered Person which is covered at least in part under this Plan. Claim Determination Period: A Calendar or Plan Year or that portion of a Calendar or Plan Year during which the Covered Person for whom claim is made has been covered under this Plan. Plan: Any plan under which benefits or services are provided by: o Group, blanket or franchise insurance coverage; Any group Hospital service prepayment, group medical servi ce prepayment, group practice or other group prepayment coverage; Group coverage under labor-management trusteed plans, union welfare plans, Employer organization plans or employee benefits plans; Coverage under Medicare and any other governmental program that the Covered Person is liable for payment, except state-sponsored medical assistance programs and TRICARE, in which case this Plan pays pri mary; 5. Coverage provided through a school or other educational institution; 6. Coverage under any Health Maintenance Organization (HMO); or 7. Coverage provided by no-fault auto insurance, by whatever name it is called, when not prohibited b y law. When medical payments are available under vehicle insurance, the Plan shall pay excess benefits only, without reimbursement for vehicle plan deductibles. This Plan shall always be considered the secondary carrier regardless of the individual--election under PIP (personal injury protection) coverage with the auto carrier. RB785- Rev 1/1/04 51 Agenda Item No. 16E2 April 13th, 2004 Page 56 of 73 ORDER OF BENEFIT DETERMINATION When a claim is made, the primary plan pays its benefits without regard to any other plans. The secondary plan adjusts its benefits so that the total benefits paid by both plans will not exceed 100% of the Allowable Expenses. Neither plan pays more than it would without the Coordination of Benefits provision. A plan without a Coordination of Benefits provision is always the primary plan. The FIRST rule that applies determines primary carrier and supersedes the following rules. If all plans have a Coordination of Benefits provision: o The plan covering the person directly, rather than as an employee's dependent, is primary and the other plans are secondary. Dependent children of parents not separated or divorced, or unmarried parents living together: the plan covering the parent whose birthday falls earlier in the year pays first. The plan covering the parent whose bidhday falls later in the year pays second. However, if the other plan does not have this rule but instead has a rule based upon the gender of the parent, and if, as a result, the plans do not agree on the order of benefits, the rule in the other plan will determine the order of benefits. Dependent children of separated or divorced parents, or unmarried parent not living together: When parents are separated or divorced or unmarried and not living together, neither the male/female nor the birthday rules apply. Instead: a. The plan of the parent with custody pays first; b. The plan of the spouse of the parent with custody (the step-parent) pays next; c. The plan of the parent without custody pays next; and d. The plan of the spouse of the non-custodial parent pays last. However, if specific terms of a court decree state that one of the parents is responsible for the child's health care expenses, and the insurer or other entity obliged to pay or provide the benefits of that parent's plan has actual knowledge of those terms, that plan pays first. Active/Laid-Off or Retired Employees: The plan which covers that person as an active employee (or as that employees-dependent) determines its benefits before the Plan which covers that person as a laid-off or retired employee (or as that employee-s-dependent). If the Plan which covers that person has not adopted this rule, and if, as a result, the Plans do not agree on the order of benefits, this rule (4) will not apply. If a person whose coverage is provided under a right of continuation pursuant to state or federal law (i.e. COBRA) is also covered under another plan, the plan covering the person as an employee, member, subscriber, or retiree (or as that person's dependent) is primary and the continuation coverage is secondary. If the other plan does not have this rule, and if, as a result, the plans do not agree on the order of benefits, this rule (5) is ignored. RB785- Rev 1/1/04 52 Agenda Item No. 16E2 April 13th, 2004 Page 57 of 73 6. If none of the above rules determines the order of benefits, the plan covering a person longer pays first. The plan covering that person for the shorter time pays second. Coordination of Benefits may operate to reduce lhe total amount of benefits olherwise payable during any Claim Determination Period with respect to a Covered Person under this Plan. When the benefits of this Plan are reduced, each benefit is reduced proportionately. The reduced amount is then charged against any applicable benefit limit of this Plan. When a Plan provides benefits in the form of services ratherthan cash payments, the reasonable cash value of each service rendered will be considered to be both an Allowable Expense and a benefit paid. RECOVERY If the amount of the payment made by this Plan is more than it should have been, the Contract Administrator on behalf of the Plan, has the right to recover the excess from one or more of the following: 1. The person this Plan has paid or for whom it has paid; 2. Providers of care; 3. Insurance companies; or 4. Other organizations. PAYMENT TO OTHER CARRIERS Whenever payments, which should have been made under this Plan in accordance with the above provisions, have been made, Ibis Plan will have the right to pay any organization making those payments any amounts it determines to be warranted in order to satisfy the intent of the above provisions. Amounts paid in this manner will be considered to be benefits paid under this Plan and, to the extent of these payments, this Plan will be fully discharged from liability. RB785 o Rev 1/1/04 53 Agenda Item No. 16E2 April 13th, 2004 Page 58 of 73 EFFECT OF MEDICARE In accordance with Federal Medicare regulations, the following is a bdef explanation of the Medicare guidelines, not to be considered all inclusive. 1. Working ARed Benefits o Employers with 20 or more Employees: This Plan will be primary when an active employee or spouse is age sixty-five (65) and over. The employee must decline coverage under this Plan in order to have Medicare pay primary. Disabled Employees/Spouses Employers with 100 or more Employees: This Plan will be primary when an active employee or dependent is disabled and covered by Medicare. Disability Due to End Stage R6nal Disease (ESRD) For employees or dependents under age sixty-five (65), if Medicare eligibility is due solely to End Stage Renal Disease (ESRD), the Plan will be primary only during the first thidy (30) months of Medicare coverage. Thereafter, the Plan will be secondary with respect to Medicare coverage. If an employee or dependent is under age sixty-five (65) when Medicare eligibility is due solely to ESRD, and the individual attains age sixty-five (65), the Plan will be primary for a full thirty (30) months (or 33 months, depending upon whether a transplant or self-dialysis is involved) from the date of ESRD eligibility. Thereafter, Medicare will be primary and the Plan will be secondary. If an employee or dependent is age sixty-five (65) and over, working and develops or is undergoing trealment for ESRD, the Plan will be primary for a full thirty (30) months (or 33 months from the date of ESRD eligibility). Thereafter, Medicare will be primary and the Plan will be secondary. All Individuals Eliqible for Medicare Covered Persons should be certain to enroll in Medicare Part A & B coverage in a timely manner to assure maximum coverage. Contact the Social Security Administration office to enroll for Medicare. If this Plan is secondary, benefits under this Plan will be coordinated with the dollar amount that Medicare will pay, subject to the rules and regulations specified by federal law. Medicare and COBRA For most COBRA beneficiaries, Medicare rules state that Medicare will be primary to COBRA continuation coverage, and this would apply to this Plan-s-Continuation of Benefits (COBRA) coverage. RB785 - Rev 1/1/04 54 Agenda Item No. 16E2 April 13th, 2004 Page 59 of 73 SUBROGATION Benefits are payable only upon the Covered Person's acceptance of the terms of the Plan. condition to receiving benefits under this Plan, a Covered Person agrees: As a To serve as a constructive trustee, and to hold in constructive trust such money or property resulting from any payments or settlement proceeds and agrees that they will not dissipate any such money or property without prior written consent of the Plan, regardless of how such money or property is classified or characterized, from any person, (orporation, entity, no-fault carrier, uninsured motorist carrier, underinsured motorist carrier, other insurance policies for funds; and To restore to the Plan any such benefits paid or payable to, or on behalf of, the Covered Person when said benefits are paid or established by any person, corporation, entity, no- fault carrier, uninsured motorist carrier, underinsured motorist carrier, other insurance policies for funds; and To refrain from releasing any party, person, corporation, entity, insurance company, insurance policies or funds that may be liable for or obligated to the Covered Person for the Injury or condition without obtaining the Plan's written approval; and Without limiting the preceding, to subrogate the Plan to any and all claims, causes of action or rights that they have or that may arise against any person, corporation and/or other entity and to any coverage, no-fault coverage, uninsured motorist coverage, underi nsured motorist coverage, other insurance policies or funds ("Coverage") for which the Covered Person claims an entillement to benefils under this Plan, regardless of how classified or characterized. In the event a Covered Person settles, re(overs, receives, or is reimbursed by any third party or Coverage, the Covered Person agrees that they are a constructive trustee, and shall hold any such funds received in constructive trust for the benefit of the Plan, and to transfer title to the Plan for all benefits paid or that will be paid as a result of said Injury or condition. The Covered Person acknowledges that the Plan has a property interest in the Covered Person's settlement, recovery, or reimbursement, and that the Plan's subrogation rights shall be considered a first priority claim and shall be paid before any other claims for the Covered Person as the result of the Illness or Injury, regardless of whether the Covered Person is made whole. If the Covered Person fails to reimburse the Plan for all benefits paid or to be paid, as a result of said Injury or condition, out of any recovery or reimbursement received, the Covered Person will be liable for any and all expenses (whether fees or costs) associated with the Plan's attempt to recover such money from the Covered Person. The Covered Person shall execute and return a Subrogation Agreement to the Plan Administrator and shall supply other reasonable information and assistance as requested by the Plan Administrator regarding the claim or potential claim. If the Subrogation Agreement is not executed and returned or if information and assistance is not provided to the Plan Administrator upon request, no benefits will be payable under the Plan with respect to costs incurred in connection with such Illness or Injury. RB785 - Rev 1/1/04 55 Agenda Item No. 16E2 April 13th, 2004 Page 60 of 73 If the Covered Person (or guardian or estate) decides to pursue a third party or any Coverage available to them as a result of the said Injury or condition, the Covered Person agrees to include the Plan's subrogation claim in that action and if there is failure to do so the Plan will be legally presumed to be included in such action or recovery. In the event the Covered Person decides not to pursue any and all third parties or Coverage, the Covered Person authorizes the Plan to pursue, sue, compromise or settle any such claims in their name, to execute any and all documents necessary to pursue said claims in their name, and agrees to fully cooperate with the Plan in the prosecution of any such daims. The Covered Person (or guardian or estate) agrees to take no prejudicial actions against the subrogation rights of the Plan or to in any way impede the action taken by the Plan to recover its subrogation claim. Such cooperation shall include a duty to provide information, execute and deliver any acknowledgment and other legal instruments documenting the Plan's subrogation rights and take such aclJon as requested by the Plan to secure the subrogation rights of the Plan. The Plan will not pay or be responsible, without its written consent, for any fees or costs associated with a Covered Person pursuing a claim against any Coverage or third party. The Plan Administrator retains sole and final discretion for interpreting the terms and conditions of the Plan document. The Plan Administrator may amend the Plan in its sole discretion at anytime without notice. This right of subrogation shall bind the Covered Person's guardian(s), estate, executor, personal representative, and heir(s). REIMBURSEMENT RIGHTS The Covered Person, by accepting benefits under this Plan, agreesto hold in constructive trust any money or property resulting from any recovery, insurance payments or settlement proceeds, third party payments, settlement proceeds or judgment for the Plan's benefits under this provision. If a Covered Person fails to reimburse the Plan for all benefits paid or to be paid, as a result of lheir Illness or Injury, out of any recovery or reimbursement received, the Covered Person will be liable for any and all expenses (whether fees or costs) assodated with the Plan's attempt to recover such money from the Covered Person. This right of reimbursement shall bind the Covered Person's guardian(s), estate, executor, personal representative, and heir(s). RB785 - Rev 1/1/04 56 Agenda Item No. 16E2 April 13th, 2004 Page 61 of 73 RIGHTS OF RECOVERY In the event of any overpayment of benefits by this Plan, the Plan will have the right to recover the overpayment. If a Covered Person is paid a benefit greater than allowed in accordance with the provisions of this Plan, the Covered Person will be required to refund the overpayment. If payment is made on behalf of a Covered Person to a Hospital, Physician or other provider of health care, and the payment is found to be an overpayment, the Plan will request a refund of the overpayment from the provider. If the refund is not received from the provider, or from the Covered Person, the amount of the overpayment will be deducted from future benefits, if available. If future benefits are not available, the Covered Person will be required to refund the overpayment. RIGHT TO RECEIVE AND RELEASE NECESSARY INFORMATION For the purposes of implementing the terms of this Plan, the Contract Administrator retains the right to request any medical information from any insurance company or provider of service it deems necessary to properly process a claim. The Contract Administrator may, without consent of the Covered Person, release or obtain any information it ~leems necessary. Any person claiming benefits under this Plan shall furnish to the Contract Administrator such information as may be necessary to implement this provision. RB785 - Rev 1/1/04 57 Agenda Item No. 16E2 April 13th, 2004 Page 62 of 73 GENERAL PROVISIONS NOTICE OF CLAIM Written notice of a claim and all information needed to process the claim must be given to the Contract Administrator as soon as reasonably possible and in no event, later than one year from the date such claim is incurred. RECORDS For the purposes of claims administration, each Covered Person authorizes and directs any provider that has attended, examined, or treated them to furnish to the Contract Administrator, at any time upon its request, any and all information, records or copies of records relating to the attendance, examination or treatment rendered to the Covered Person; and the Contract Administrator agrees that such information and records will be considered confidential. Further, any charges imposed relative to the acquisition of such information will be absorbed by the Covered Person, except as specified in the Schedule of Benefits. CLAB~I DETERMINATION Urgent Care Claims: Determination for Urgent Care Claims (whether adverse or not) must take place as soon as possible but not longer than seventy-two (72) hours, unless the Claimant fails to provide sufficient information to determine whether, or to what extent, benefits are covered or payable under the Plan. In the case of such failure, the Contract Administrator shall notify the Claimant as soon as possible, but not later than twenty-four (24) hours after receipt of the claim by the Plan, of the specific information necessary to complete lhe claim. The Claimant will be afforded a reasonable amount of time, taking into account the circumstances, but not less than forty-eight (48) hours, to provide the specified information. The Contract Administrator shall notify the Claimant of the Plan-s-benefit determination as soon as possible, but in no case later than forty-eight (48) hours after the earlier of: The Plan-s-receipt of the specified information; or The end of the period afforded the Claimant to provide the additional information. Urgent Care Claims must be decided within seventy-two (72) hours. There is no extension oftime allowed for claims involving urgent care. RB785 - Rev 1/1/04 58 Agenda Item No. 16E2 April 13th, 2004 Page 63 of 73 Pre-Service Claims: Pre-Service Claims must be decided within a maximum of fifteen (15) days at the initial level and up to thirty (30) days following an Adverse Benefit Determination. In the case of a failure by a Claimant or an Authorized Representative of a Claimant to follow the Plan-s-procedures for filing a Pre-Service Claim, the claim or representative shall be notified of the failure and the proper procedures to be followed in filing a Claim for Benefits. This notification shall be provided to the Claimant or Authorized Representative, as appropriate, as soon as possible, but not later than five (5) days following the failure. Notification may be oral, unless written notification is requested by the Claimant or Authorized Representative. Post-Service Clai ms: Post-Service Claims must be decided within thirty (30) days for the initial decision and a maximum of sixty (60) days on review. Filing Extensions: The Plan may extend determination on both pre-service and Post-Service Claims for one additional period of fifteen (15) days after expiration of the relevant initial period, if the Contract Administrator determines that such an extension is necessary for reasons beyond the control of the Plan. Delays caused by cyclical or seasonal fluctuations in claims volume are not considered to be matters beyond the control of the Plan that would justify an extension. If the reason for taking the extension is the failure of the Claimant to provide necessary information, the time period for making the determination is tolled from the date on which notice of the necessary information is sent to the Claimant until the date on which the Claimant responds to the notice. The time periods for making a decision are considered to commence to run when a claim is filed in accordance with the reasonable filing procedures of the Plan, without regard to whether all the information necessary to decide the claim accompanies the filing. Concurrent Ca re Decisions: If a Plan has approved an ongoing course of treatment to be provided over a period of time, or number of treatments, any reduction or termination by the Plan (other than by plan amendments or termination) before the end of such period of time or nurrber of treatments shall be considered an Adverse Benefit Determination. The Contract Administrator shall notify the Claimant of the Adverse Benefit Determination at a time sufficiently in advance of the reduction or termination to allow the Claimant to appeal and obtain a determination on review of that Adverse Benefit Determination before the benefit is reduced or terminated. Any request by a Claimant to extend the course of treatment beyond the period of time or number of treatments for a claim involving urgent care, shall be decided as soon as possible, taking into account the medical exigencies, and the Contract Administrator shall notify the Claimant of the benefit determination, whether adverse or not, within twenty-four (24) hours after receipt of the claim by the Plan, provided that any such claim is made to the Plan at least twenty-four (24) hours prior to the expiration of the prescribed period of time or number of treatments. RB785 - Rev 1/1/04 59 Agenda Item No. 16E2 April 13th, 2004 Page 64 of 73 Adverse Benefit Determination: The notice of an Adverse Benefit Delermination will either include the protocol in which it was based upon or a statement that a protocol was relied upon and that a copy is available free of charge upon request by the Claimant. Notification of an Adverse Benefit Determination (at both the initial level and on review) based on medical necessity, experimental treatment, or other similar exclusion or limit will be explained as to the scientific or clinical judgement of the Plan to the Claimants-medical circumslances, or an explanation will be provided free of charge to the Claimant upon request. Where the Plan utilizes a specific internal rule or protocol, it must furnish the protocol to the Claimant or their Authorized Representative upon request. Authorized Representative: The Plan will recognize an Authorized Representative, induding a health care provider, acting on behalf of a Claimant. The Plan will recognize a Health Care Professional with knowledge of a Claimant medical condition as the Claimant-s-representalive in connection with an Urgent Care Claim. Procedures will be established by the Plan for verifying that an individual has beer~ authorized to act on behalf of a Claimant. RIGHT OF REVIEW AND APPEAL A Claimant has up to one hundred eighty (180) days to file an appeal of an Adverse Benefit Determination. As part of the appeal process, a Covered Person has the right to (a)review this Plan and other relevant documents, (b) argue against the denial in writing, and (c) have a representative act on behalf of the Covered Person in the appeal. All relevant documents will be provided free of charge, upon request by the Claimant, after receiving an Adverse Benefit Determination. A document, record orother information is considered relevant if it was relied upon in making the benefit determination, if it was considered or generated in the course of making the benefit determination, if it demonstrates compliance with the administrative processes, or if it constitutes a statement of policy or guidance with respect to the Plan concerning the denied treatment option or benefit for the Claimant's diagnosis, without regard to whether such advice or statement was relied upon in making the determination. If the Claimant or an Authorized Representative appeals an Adverse Benefit Determination, the Contract Administrator will respond to the appeal within seventy-two (72) hours foran Urgent Care Claim, thirty (30) days for a Pre-Service Claim, and sixty(60) days for a Post-Service Claim. The notice will specify the reason for the denial or describe the additional information required to process the claim. Written denial will include: 1. Specific reasons for denial with reference to the Plan Document section(s); 2. A description and need for any other material pertinent to the claim; and An explanation of this Plan's review procedure and the names of any medical professionals consulted as part of the claims process. RB785 - Rev 1/1/04 6O Agenda Item No. 16E2 April 13th, 2004 Page 65 of 73 A full and fair review of an Adverse Benefit Determination will be performed by an appropriate named fiduciary, who is neither the pady who made the initial adverse determination, nor the subordinate of such person. The review will not defer to the initial Adverse Benefit Determination. The review will take into account all comments, documents, records and other information submitted by the Claimant, without regard to whether such information was previously submitted or considered in the initial determination. If the review results in another Adverse Benefit Determination, it shall include specific reasons for denial, written in a manner understandable to the Covered Person, and will contain spedfic reference to the pertinent Plan provisions upon which the decision was based. A Covered Person must follow the Right of Review and Appeal procedures listed above before initiating any legal actions. This is the Covered Person's administrative remedies, which must be exhausted before legal action may be pursued. If the Plan fails to provide procedures in compliance with the regulation, or the required procedures, the Claimant is deemed to have exhausted the administrative remedies and is free to pursue legal action as provided on the basis that the Plan has failed to provide a reasonable clai ms procedure that would yield a decision on the medts of the claim. PLANINTERPRETA~ON All decisions concerning the interpretation or the application of this Plan and its terms, shall be at the discretion of the Plan Administrator. PERIOOIC REPORT Within one month following the date of any change in the group of employees and dependents covered, the Employer shall furnish the Contract Administrator the names of all employees v~o have become covered or cease to be covered since the date of the previous reports. Failure on the part of the Employer to report the name of any employees or dependents who are eligible for coverage, shall not deprive such persons of their benefits under the Plan; nor shall failure on the part of the Employer to repod any termination of any employee or dependent, obligate the Plan to continue such benefits beyond the date of termination. CHOICE OF PHYSICIAN The Covered Person shall have the free choice of any legally qualified Physician and the Physician-patient relationship shall be maintained. AFFILIATED COMPANIES Any of the Employer's affiliates, subsidiaries or divisions may be deleted or added to the Plan upon written notice by the Employer on or before the date such deletion or addition is effective. RB785 - Rev 1/1/04 61 Agenda Item No. 16E2 April 13th, 2004 Page 66 of 73 EMPLOYEE CONTRIBUTION Padicipation in this Plan is entirely voluntary. The Employer reserves the right to modify the amount of any employee contributions. INSPECTION OF PLAN DOCUMENT Upon request, the Employer shall make this Plan Document available for inspection by any Covered Person at a reasonably accessible place. AMENDMENT OR TERMINATION OF THE PLAN The Plan may be amended or terminated at any time without pdor notice and, except as otherwise provided, in any manner, by written authorization and signed by the Plan Administrator. It is the intent of this Plan to comply with all applicable Federal and State laws when applicable. Wherever this Plan is in conflict with either Federal or State law, the Federal or State law will prevail, unl ess exempt from either law. RB785 - Rev 1/1/04 62 Agenda Item No. 16E2 April 13th, 2004 Page 67 of 73 INSTRUCTIONS FOR SUBMISSION OF CLAIMS Be sure the bills submitted include all of the following: 2. 3. 4. 5. 6. 7. 8. Employee's name, social security number and home address. If claim is made for a dependent, name, Employer and age. Employer's name and group number. Name and address of the Physician or Hospital. Physician's diagno sis.. Itemization of charges. Date the Injury or Illness began. Drug bills (not cash register receipts) showing RX number, name of drug, date prescribed, and name of person for whom drug is prescribed. Claims Processing Procedures: Acceptable bill s/documents: HCFA/UB; or Superbills - any submitted claim form with al_._[ of the following information: Detail of procedure performed Detailed breakdown of charges Diagnosis Date of service Federal Tax Identification Number (TIN) and address of provider A billing submitted with all of the above information induded will be processed, unless additional information is required to complete a claim. AddilJonal information required may include, but is not limited to the following: 2. 3. 4. 5. 6. 7. 8. 9. 10. Coordination of Benefits - Other Insurance Coverage COBRA eligibility Parental custody Legal responsibility for dependent child health coverage Divorce decree Medicare eligibility Full-Time Student status Certificate of Creditable Coverage Medical history information Injury or accident information. When the Contract Administrator receives a billing with the required information, the Contract Administrator will process it in accordance with the time frames for Post-Service Claims, Pre- Service Claims and Urgent Care Claims, and in accordance with all other Plan provisions, and in accordance with eligibility and claim information on file. The Contract Administrator will provide a notice of benefit determination or a notice of Adverse Benefit Determination to the Covered Person-s-designated address. RB785 - Rev 1/1/04 63 Agenda Item' No. 16E2 April 13th, 2004 Page 68 of 73 Please direct all questions regarding claims to: Corporate Benefit Services of America, Inc. P.O. Box 27267 Minneapolis, MN 55427-0267 (952-546-0062 (800) 925-2272 Please direct all claims as shown on the ID card. Every attempt will be made to help Covered Persons understand their benefits; however, any statement made by an employee of the Employer or the Contract Administrator will be deemed a representation and not a warranty. Actual benefit payment can only be determined at the time the claim is submitted and all facts are presented in writing. If a definite answer to a specific question is required, please submit a written request, including all pertinent information, and a statement from the attending Physician (if applicable), and a written reply (which will be kept on file) will be sent. RB785 - Rev 1/1/04 64 Agenda Item No. 16E2 Apdl 13th, 2004 Page 69 of 73 USE AND DISCLOSURE OF PROTECTED HEALTH INFORMATION SECTION 1 - USE AND DISCLOSURE OF PROTECTED HEALTH INFORMATION (PHI) This Plan will use protected health information (PHI) to the extent of and in accordance with the uses and disclosures permitted by the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Specifically, the Plan will use and disclose PHI for purposes related to health care treatment, payment for health care and health care operations. Payment includes activities undedaken by the Plan to obtain premiums or determine or fulfill its responsibility for coverage and provision of plan benefits that relate to an individual to whom health care is provided. These activities include, but are not limited to, the following: Determination of eligibility, Coverage and cost sharing amounts (for example, cost of a benefit, plan maximums and co- payments as deterrrined for an individual's claim); Coordination of Benefits; Adjudication of health benefit claims (including appeals and other payment disputes); Establishing employee contributions; Risk adjusting amounts due based characteristics; on enrollee health status and demographic 10. 11. Billing, collection activities and related health care data processing; Cia ires management and related health care data processing, including auditing payments, investigating and resolving payment disputes and responding to participant inquiries about payments; Obtaining payment under a contract for reinsurance (including stop-loss and excess I~)ss insurance); Medical Necessity reviews or reviews of appropriateness of care or justification of charges; Utilization review, including pre-authorization, concurrent review and retrospective review; 12. Disclosure to consumer reporting agencies related to the collection of premiums or reimbursement (the following PHI may be disclosed for payment purposes: name and address, date of birth, Social Security Number, payment history, account number and name and address of the provider and/or health plan); and 13. Reimbursement to the Plan. Agenda Item No. 16E2 April 13th, 2004 Page 70 of 73 Health care operations include, but are not limited to, the following activities: 1. Quality assessment; o Population-based activilies relating to improving health or reducing health care costs, protocol development, case management and care coordination, disease management, contacting health care providers and patients with information about treatment alternatives and related functions; o Rating provider and plan performance, including accreditation, certification, licensing or credentialing activities; Underwriting, premium rating and other aclivities relating to the creation, renewal or replacement of a contract of health insurance or health benefits, and ceding, securing or placing a contract for reinsurance of risk relating to health care claims (including stop-loss insurance and excess loss insurance); Conducting or arranging for medical review, legal services and auditing functions, including fraud and abuse detection and compliance programs; Business planning and development, such as conducting cost-management and planning- related analyses related to managing and operating the Plan, including formulary development and administration, development or improvement of payment methods or coverage policies; Business management and general administrative activities of the Plan, including, but not limited to: Management activities relating to the implementation of and compliance with HIPAA's administrative simplification requirements; or Customer service, including the provision of data analyses for policyholders, plan sponsors or other customers; 8. Resolution of internal grievances; and Due diligence in connection with the sale or transfer of assets to a potential successor in interest, if the potential successor in interest is a "covered entity" under H IPAA or, following completion of the sale or transfe r, will become a covered entity. SECTION 2 - THE PLAN WILL USE AND DISCLOSE PHI AS REQUIRED BY LAW AND AS PERMITTED BY AUTHORIZATION OF THE PARTICIPANT OR BENEFICIARY With an authorization, the Plan will disclose PHI to the benefit plans or other separate plans of this Employer. SECTION 3 - FOR PURPOSES OF THIS SECTION, THE EMPLOYER IS THE PLAN SPONSOR The Plan will disclose PHI to the Plan Sponsor only upon receipt of a certification from the Plan Sponsor that the plan documents have been amended to incorporate the following provisions. RB785 - Rev 1/1/04 66 Agenda Item No. 16E2 April 13th, 2004 Page 71 of 73 SECTION 4 - WITH RESPECT TO PHI, THE PLAN SPONSOR AGREES TO CERTABI CONDITIONS The Plan Sponsor agrees to: 1. Not use or further disclose PHi other than as permitted or required by the plan document or as required by law; 2. Ensure that any agents, including a subcontractor and the Contract Administrator, to whom the Plan Sponsor provides PHI received from the Plan agree to the same restrictions and conditions that apply to the Plan Sponsor with respect to such PHI; 3. Not use or disclose PHI for employment-related actions and decisions unless authorized by an individual; 4. Not use or disclose PHI in connection with any other benefit or employee benefit plan of the Plan Sponsor unless authorized by an individual; 5. Report to the Plan any PHI use or disclosure that is inconsistent with the uses or disclosures provided for of which it becomes aware; 6. Make PHI available to an individual in accordance with HIPAA's access requirements; 7. Make PHI available for amendment and incorporate any amendments to PHI in accordance with HIPAA; 8. Make available the information required to provide an account of disclosures; 9. Make internal practices, books and records relating to the use and disclosure of PHI received from Plan available to the HHS Secretary for the purposes of determining the plan's compliance with HIPAA; and 10. If feasible, return or destroy all PHI received from the Plan that the Plan Sponsor still maintains in any form, and retain no copies of such PHI when no longer needed for the purpose for which disclosure was made (or if return or destruction is not feasible, lirrit further uses and disclosures to those purposes that make the return or destruction infeasible). SECTION 5-ADEQUATE SEPARATION BETWEEN THE PLAN AN D THE PLAN SPONSOR MUST BE MAINTAFIED In accordance with HIPA,~ only the following employees or classes of employees may be given access to PHI: 1. The Benefits Manager or other authorized representative of the Plan; and/or 2. Staff designated by the Benefits Manager or other authorized representative of the Plan. RB785 - Rev 1/1/04 67 Agenda Item No. 16E2 April 13th, 2004 Page 72 of 73 SECTION 6 - LIMITATIONS OF PHI ACCESS AND DISCLOSURE The persons described in Section 5 may only have access to and use and disclose PHI for plan administration functions that the Plan Sponsor performs for the Plan. SECTION 7 - NONCOMPLIANCE iSSUES If the persons described in Section 5 do not comply with this plan document, the Plan Sponsor shall provide a mechanism for resolving issues of noncompliance, including disciplinary sanctions. RB785 - Rev 1/1/04 68 Agenda Item No. 16E2 April 13th, 2004 Page 73 of 73 EXECUTIVE SUMMARY Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board - Approved Contracts OBJECTIVE: To enable the Board to oversee the execution of administrative change orders and changes to work orders, and promote accountability in the use of staff authority. CONSIDERATIONS: On April 22, 2003, the Board approved a recommendation to implement a plan to enable changes to BCC-approved contracts (Section XIV. C, Collier County Purchasing Policy) of not greater than 10 percent of the current Board approved amount or $10,000 (whichever is greater) to be authorized by staff. Also included in the report are changes to Work Orders. These include work orders issued under CCNA Contracts, which are less than or equal to $90,000 (Section VII.C, Collier County Purchasing Policy), and changes to work orders for all other contracts (Section XIV. G, Collier County Purchasing Policy) which are not greater than 10 percent of the current Board Approved amount or $100,000 whichever is greater. The Administrative report identifies the percentage changes, to contracts or work orders, that have occurred since the prior BCC approved amount, which are below the threshold limits as referenced above. The plan calls for staff to submit a monthly report listing these change orders from the previous reporting period. Enclosed is the monthly report of the Administrative Change Order and Administrative Changes to Work Orders Report. This report covers period beginning February 23, 2004 through March 30, 2004. FISCAL IMPACT: There is no fiscal impact resulting from this action. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this action. RECOMMENDATION: That the Board of County Com~nissioners accepts the enclosed Administrative Change Order and Administrative Changes to Work Orders Report and ratifies the listed change orders and changes to work orders. PREPARED BY: Linda L. Jackson, Contracts Agent DATE: REVIEWED BY: DATE:__ Stephen Y. Carnell, Purchasing/General Services Director REVIEWED BY: DATE:__ Len Golden Price, Administrative Services Administrator Agenda Item No. 16E3 April 13th, 2004 Page I of 47 Item Number item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16E3 Report and Ratify Staff-Approved Changes Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board -Approved Contracts 4/13/2004 9:00:00 AM Prepared By Linda Jackson Administrative Services Contracts Agent Purchasing Approved By Steve Carnell Administrative Services Purchasing/General Svcs Director Purchasing Date 4/1/2004 8:52AM Approved By Len Golden Price Administrative Services Administrative Services Administrator Administrative Services Admin. Date 4/1/2004 12:29 PM Approved By Robin Johnson County Manager's Office Management/Budget Analyst Office of Management & Budget Date 4/?J2004 10:01 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/212004 3:58 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 412/2004 5:49 PM Agenda Item No. 16E3 April 13th, 2004 Page 2 of 47 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream PROJECT #: 73950 BID/RFP #: 02-3418 MOD #: 04-01 AMOUNT OF THIS CHANGE $20,128.00 PO #: 4500004112 Work Order #: N/A CONTRACT AMOUNT: ORIGINAL $24,861,000.00 CURRENT $25,359,578.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $24,861,000.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval:12/17/02 Agenda Item #:10C Percentage of the change over/under cUrrent contract amount: 2.01% Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMI~LETION DATE (S): GRIT CHAMBER #4 MILESTONE: ORIGINAL: 3/16/04 CURRENT: 3/23/04 PROJECT SUBSTANTIAL: ORIGINAL: 3/16/05 CURRENT: 3/16/05 PROJECT FINAL: ORIGINAL: 6/14/05 CURRENT: 6/14/05 SUMMARY OF PROPOSED CHANGE (S): Labor and equipment to install approximately 160 linear feet of additional 24-inch Aeration Influent piping to Aeration Basins 5, 6 and 7. JUSTIFICATION FOR CHANGE (S): This item is to complete work described in Contract Modification No. 2.04 (Aeration Influent Piping Modifications). The additional piping was required for two reasons: Approximately 60 linear feet of additional pipe was required to extend each of the three pipelines 20 feet farther west than that shown on the Contract Documents, to avoid conflict with an existing, unforeseen electrical ductbank. Had this item been discovered during the design period, it would have been incorporated into bidding documents and the additional costs included in this change item would have been included in a higher lump-sum bid price for the overall project. To install an additional 100 feet of aeration influent piping towards future Aeration Basin No. 7. The piping was more economical to install on this project. If the pipeline were installed on the future project, it would have to be installed under an electrical ductbank to be installed on this current project. Future installation would have required hand-excavation and provisions to protect the ductbank in place during pipe installation. Materials for this work were compensated under Contract Modification No. 2.04 (Aeration Influent Piping Modifications). PARTIES CONTACTED REGARDING THE CHANGE: Project Delivery Team (i.e. - NCWRF Plant Staff, County Project Manager, Engineer, Contractor) ~~hlLEMENTATION STEPS (Verify each before proceeding with change using Y, N or. N/A) roposed change is consistent with the scope of the existing agreement posed change is in fact an addition or deletion to the existing scope ange is being implemented in a manner consistent with the existing agreement e appropriate parties have been consulted regarding the change posed prices, fees and costs set forth in the change are reasonable Agenda Item No. 16E3 April 13th, 2004 Page 3 of 47 Collier County NcI/VRF Expansion to 24. l MGD - Liquid Stream Change Order No. 4, Item No. 04-0~ Page 2 of 2 CONSULTING EN iDATION: DO NOT RECOMMEND: Date: ..o~c~ .^.^~ .r~?_~....~^~o.: RECOMMEND: ¥~- (g,f~.Z21~_ DO NOT RECOMMEND: Date: Date: COMMENTS: Revised 8/22/03 Agenda Item No. 16E3 April 13th, 2004 Page 4 of 47 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream PROJECT #: 73950 BID/RFP #: 02-3418 MOD #: 04-02 AMOUNT OF THIS CHANGE $39,247.00 PO #: 4500004112 Work Order #: N/A CONTRACT AMOUNT: ORIGINAL $24,861,000.00 CURRENT $25,398,825.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $24,861,000.00 (ia, ST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval: 12/17102 Agenda Item #: 10C percentage of the change over/under current contract amount: 2.16% Formula: (Current Amount ! Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): GRIT CHAMBER #4 MILESTONE: PROJECT SUBSTANTIAL: PROJECT FINAL: ORIGINAL: 3/16104 ORIGINAL: 3/16/05 ORIGINAL: 6/14/05 CURRENT: 3/23104 CURRENT: 3116~05 CURRENT: 6114/05 SUMMARY OF PROPOSED CHANGE (S): Materials and labor to construct the common structure for Filters 4A-4D and Chlorine Contact Basin No. 4 as a mirror-image as to how the structure is shown on the current Contract Drawings. That is, to essentially rotate the structure about an east-west horizontal axis in the north-south orientation. Components of this change item include (1) revising the location of filter control panel disconnect switches; (2) relocation of chlorine contact basin drain piping; (3)' revisions to planned handrail modifications; (4) and revisions to reinforced concrete connection details between Filters 3A-3D and Filters 4A-4D. JUSTIFICATION FOR CHANGE (S): As shown on the Contract Drawings, there would have been a physical conflict between the existing electrical ductbank that feeds Filters 3A-3D and the proposed 30-inch discharge pipe from Chlodne Contact Basin No. 4. The existing ductbank contains electrical and instrumentation widng associated with Filters 3A-3D and cannot be impacted. The most economical and expedient way to avoid this conflict was to rotate the proposed structure from Filters 4A-4D and Chlorine Contact Basin No. 4. Had this item been discovered dudng the design pedod, it would have been incorporated into bidding documents and the additional costs included in this change item would have been included in a higher lump-sum bid price for the overall project. PARTIES CONTACTED REGARDING THE CHANGE: Project Delivery Team (i.e. - NCWRF Plant Staff, County Project Manager, Engineer, Contractor) :LEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) roposed change is consistent with the scope of the existing agreement posed change is in fact an addition or deletion to the existing scope hange is being implemented in a manner consistent with the existing agreement e appropriate parties have been consulted regarding the change posed pdces, fees and costs set forth in the change are reasonable Agenda Item No. 16E3 April 13th, 2004 Page 5 of 47 Collier County NCWRF Expansion to 24.1 MGD - Liquid Stream Change Order No. 4, Item No. 04-02 Page 2 of 2 C ON S ULTIN G EN I~~**~~~N: RECOMMEND: DO NOT RECOMMI-~ND: Date: PROJECT MANAGER RI~,OI~I~ON: RECOMMEND: DO NOT RECOMMEND: Date: Date: COMMENTS: Revised 8/22/03 Agenda Item No. 16E3 April 13th, 2004 Page 6 of 47 /C CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream PROJECT #: 73950 BID/RFP #: 02-3418 MOD #: 04-03 AMOUNT OF THIS CHANGE $8,765.00 PO #: 4500004112 Work Order #: N/A CONTRACT AMOUNT: ORIGINAL $24,861,000.00 CURRENT $25,418,578.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $24,861,000.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval: 12/17/02 Agenda Item #: 10C Percentage of the change over/under current contract amount: 2.20% Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC On Purchasing report. CURRENT COMPLETION DATE (S): GRIT CHAMBER ~/4 MILESTONE: PROJECT SUBSTANTIAL: PROJECT FINAL: ORIGINAL: 3/16/04 ORIGINAL: 3/16/05 ORIGINAL: 6/14105 CURRENT: 3/23/04 CURRENT: 3/16/05 CURRENT: 6/14/05 SUMMARY OF PROPOSED CHANGE (S): Materials and labor to retrofit an embedded angle onto the existing top deck of the Pretreatment Building to support the new odor control covers for Aerated Grit Chamber # 4. JUSTIFICATION FOR CHANGE (S): The support angle was required to prevent the cover from beadng directly on the concrete deck and creating the potential for future damage to the concrete by spalling. Provisions for retrofitting the embedded angle were inadvertently omitted from the bidding documents. Had this item been discovered during the design period, it would have been incorporated into bidding documents and the additional costs included in this change item would have been included in a higher lump-sum bid price for the overall project. PARTIES CONTACTED REGARDING THE CHANGE: Project Delivery Team (i.e. - NCWRF Plant Staff, County Project Manager, Engineer, Contractor) IM/PLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) ~/~roposed change is consistent with the scope of the existing agreement -'~'roposed change is in fact an addition or deletion to the existing scope ~__hange is being implemented in a manner consistent with the existing agreement --~/~he appropriate parties have been consulted regarding the change '-"Proposed pdces, fees and costs set forth in the change are reasonable CONSULTING EI~INEE~ RECQ~NDATION: RECOMMEND: ~ -[~t,_=,.,~ Date: "~,- ~ "0~' DO NOT RECOMMEND: Date: PROJECT MANAGER ~CO_MIt~END.~TION: RECOMMEND: ~ DO NOT RECOMMEND: Date: Date: COMMENTS: Revised 8/22/03 Agenda Item No. 16E3 April 13th, 2004 Page 7 of 47 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream PROJECT #: 73950 BID/RFP #: 02-3418 MOD #: 04-04ANIOUNT OF THIS CHANGE $1,474.00 PO #: 4500004112 Work Order #: N/A CONTRACT AMOUNT: ORIGINAL $24,861,000.00 CURRENT $25,420,052.00 (STARTING POINT) {INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $24,861,000.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval: 12/17/02 Agenda Item #:10C Percentage of the change over/under current contract amount: 2.20% Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): GRIT CHAMBER #4 MILESTONE: ORIGINAL: 3/16/04 CURRENT: 3/23/04 PROJECT SUBSTANTIAL: ORIGINAL: 3/16/05 CURRENT: 3/16/05 PROJECT FIHAL: ORIGIHAL: 6/14/05 CURRENT: 6/14/05 SUMMARY OF PROPOSED CHANGE (S): Labor to remove an existing light pole on the top deck of the Pretreatment Building. JUSTIFICATION FOR CHANGE (S): The existing light pole was in conflict with proposed odor control covers to be installed on Grit Chamber No. 4 under this project. Removal of the light pole allowed the Contractor to install the odor control covers. The Engineer verified that adjacent lights provided adequate lighting for the area once the conflicting light pole was removed. Had this conflict been discovered during the design period, it would have been incorporated into bidding documents and the additional costs included in this change item would have been included in a higher lump-sum bid price for the overall project. PARTIES CONTACTED REGARDING THE CHANGE: Project Delivery Team (i.e. - NCWRF Plant Staff, County Project Manager, Engineer, Contractor) IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) ,,/IxProposed change is consistent with the scope of the existing agreement ~j~h'oposed change is in fact an addition or deletion to the existing scope ~hange is being implemented in a manner consistent with the existing agreement '"' 7,he appropriate parties have been consulted regarding the change ~----/Pro~ prices, fees and costs set forth in the change are reasonable CONSULTING El RECOMMEND: Date: '~"' ~" O~'~ DO NOT RECOMI~IEND: Date: PROJECT ~(~. ~ MANAGER EC~)M IENDATION: RECOMMEND: ~ DO NOT RECOMMEND: Date: Date: COMMENTS: Revised 8/22/03 Agenda Item No. 16E3 April 13th, 2004 Page 8 of 47 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream PROJECT #: 73950 BID/RFP #: 02-3418 MOD #: 00-05 AMOUNT OF THIS CHANGE $938.00 · PO #: 4500000112 Work Order #: N/A CONTRACT AMOUNT: ORIGINAL $24,861,000.00 CURRENT $25,420,052.00 (STARTING POINT) (INCLUDING ~HIS CHANGE ORDER) Last BCC Approved Amount $24,861,000.00 (LAST TOTAL AMT. REQUIRING acc APPROVAL) Date of Last BCC Approval: 12/17/02 Agenda Item ~. 10C Percentage of the change over/under current contract amount: 2.21% Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report, CURRENT COMPLETION DATE (S): GRIT CHAMBER #4 MILESTONE: PROJECT SUBSTANTIAL: PROJECT FINAL: ORIGINAL: 3/16/00 ORIGINAL: 3/16/05 ORIGINAL: 6/14/05 CURRENT: 3/23104 CURRENT: 3/16/05 CURRENT: 6/1 4/05 SUMMARY OF PROPOSED CHANGE (S): Materials and labor to install additional control widng from Motor Control Centers No. 6 to new Mechanical Screen No. 4. The additional control wiring was related to a home position switch and a torque switch on Mechanical Screen No. 4. JUSTIFICATION FOR CHANGE (S): Widng for the screen's home position switch was required to control Mechanical Screen No. 4 and its screenings compactor in automatic mode, and was inadvertently omitted from the bidding documents. Although torque indication/alarm was provided through a current monitor already included in the bidding documents, the screen manufacturer suggested an electro-mechanical torque switch as a redundant safety measure. This electro-mechanical torque switch required additional widng not included in the bidding documents and is provided by this Contract Modif~ation as an "added value" item. PARTIES CONTACTED REGARDING THE CHANGE: Project Delivery Team (i.e. - NCWRF Plant Staff, County Project Manager, Engineer, Contractor) I~r, EMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) _%'x~'roposed change is consistent with the scope of the existing agreement _,z~roposed change is in fact an addition or deletion to the existing scope /ange is being implemented in a manner consistent with the existing agreement · ./,~he appropriate parties have been consulted regarding the change ~.,/Proposed prices, fees and costs set forth in the change are reasonable CONSULTING~INEERR~ QMMENDATION: RECOMMEND:E~C~ Date: ~'~ ~' O~'~ DO NOT RECO ~END: Date: PROJECT MANAGER RF=COMMENDATiON: RECOMMEND: .{'/. -~~ DO NOT RECOMMEND: COMMENTS: Date: Date: Revised 8/22/03 Agenda Item No. 16E3 April 13th, 2004 Page 9 of 47 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream PROJECT #: 73950 BID/RFP #: 02-3418 MOD #: 04-06 AMOUNT OF THIS CHANGE $3,062.00 PO #: 4500004112 Work Order #: N/A CONTRACT AMOUNT: ORIGINAL $24,861,000.00 CURRENT $25,424,052.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $24,861,000.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval: 12/17/02 Agenda Item #:10C Percentage of the change over/under current contract amount: 2.22% Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): GRIT CHAMBER #4 MILESTONE: PROJECT SUBSTANTIAL: PROJECT FINAL: ORIGINAL: 3116/04 ORIGINAL: 3/16/05 ORIGINAL: 6114~05 CURRENT: 3/23/04 CURRENT: 3/16/05 CURRENT: 6/14/05 SUMMARY OF PROPOSED CHANGE (S): Materials and labor to install flush water piping and a solenoid control valve at each of Grit Classifiers Nos. 3 and 4. JUSTIFICATION FOR CHANGE (S): The automatic flush water connections Were not included in the bidding documents. It was the Engineer's understanding that the County preferred to have the classifiers installed without the automatic connections due to maintenance issues associated with the solenoid valves. Subsequent discussions after bidding indicated that plant staff wanted the automatic flush water connections. Had this item been implemented during the design period, it would have been incorporated into bidding documents and the additional costs included in this change item would have been included in a higher lump-sum bid price for the overall project. PARTIES CONTACTED REGARDING THE CHANGE: Project Delivery Team (i.e. - NCWRF Plant Staff, County Project Manager, Engineer, Contractor) !~, rroEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) posed change is consistent with the scope of the existing agreement oposed change is in fact an addition or deletion to the existing scope _~//Change is being implemented in a manner consistent with the existing agreement .//The appropriale parties have been consulted regarding the change _..~Proposed prices, fees and costs set forth in the change are reasonable CONSULTING EIyG I_NE .EI~R,~EC ~ DATIO N: RECOMMEND: ~ ~ Date: ~1,,-~','~ ,- ~,-,~ DO NOT RECOMMEND: Date: PROJECT MANAGE R~F_~C,Op .M ,E ~NpATIO N: RECOMMEND: ~' DO NOT RECOMMEND: COMMENTS: Date: Date: Revised 8/22/03 Agenda Item No. 16E3 April 13th, 2004 Page 10 of 47 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream PROJECT #: 73950 BID/RFP #: 02-3418 MOD #: 00-07 AMOUNT OF THIS CHANGE $1,577.00 PO #: 4500004112 Work Order #: N/A CONTF~CT AMOUNT: ORIGINAL $24,861,000.00 CURRENT $25,425,629.00 (STARTING POINT) (INCLUDING THIS CHANGE O~J:iER) Last BCC Approved Amount $24,861,000.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval:12/17/02 Agenda Item #:10C Percentage of the change over/under current contract amount: 2.23% Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): GRIT CHAMBER ~4 MILESTONE: PROJECT SUBSTANTIAL: PROJECT FINAL: ORIGINAL: 3116/04 ORIGINAL: 3/16/05 ORIGINAL: 6/14/05 CURRENT: 3/23/04 CURRENT: 3/16/05 CURRENT: 6/14/05 SUMMARY OF PROPOSED CHANGE (S): Materials and labor for additional pipe and fittings to install the 4- inch grit piping from Grit Pump No. 4 to Grit Classifier No. 4. JUSTIFICATION FOR CHANGE (S): The additional pipe and fitting improved available access of operations and maintenance staff into and around the Pretreatment Building's screenings/grit truck loading room. As such, this item provided an "added value" to the project. PARTIES CONTACTED REGARDING THE CHANGE: Project Delivery Team (i.e. - NCWRF Plant Staff, County Project Manager, Engineer, Contractor) IM~_EMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) '-"/Proposed change is consistent with the scope of the existing agreement ' ~/~Proposed change is in fact an addition or deletion to the existing scope ~__~hange is being implemented in a manner consistent with the existing agreement -~he appropriate parties have been consulted regarding the change ___~Proposed prices, fees and costs set forth in the change are reasonable CONSULTING E~~~~~_~~~ RECOMMEND: Date: "~,-, I'~t" (b ~ DO NOT RECOMMEND: Date: PROJECT MANAGER R~COI~M~ENDATION: RECOMMEND: [~', DO NOT RECOMMEND: Date: COMMENTS: Revised 8/22/03 Agenda Item No. 16E3 April 13th, 2004 Page 11 of 47 CONTRACT MODIFICATION CHECKLIST FORM /// PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream PROJECT #: 73950 BID/RFP #: 02-3418 MOD #: 00-08 AMOUNT OF THIS CHANGE $64,695.00 PO #: 4500000112 Work Order #: N/A CONTRACT AMOUNT: ORIGINAL $24,861,000.00 CURRENT $25,490,324.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved AmoUnt $24,861,000.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval: 12/17/02 Agenda Item #:10C Percentage of the change over/under current contract amount: 2.49% Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): GRIT CHAMBER #4 MILESTONE: PROJECT SUBSTANTIAL: PROJECT FINAL: ORIGINAL: 3/16/00 ORIGINAL: 3/16105 ORIGINAL: 6114/05 CURRENT: 3/23/00 CURRENT: 3116105 CURRENT: 6/14/05 SUMMARY OF PROPOSED CHANGE (S): Materials and labor to revise installation drawings for new 36-inch and 48-inch plant effluent piping to avoid conflicts with existing buded utilities. Revisions to installation drawings were as follows: 1. Relocation of horizontal offset of 36" PE to provide adequate separation from an existing wastewater force main. 2. Lower a run of 36-inch PE piping to avoid elevation conflicts at crossing points with existing plant effluent piping. 3. Lower a run of 48-inch piping to avoid elevabon conflicts at crossing points with other proposed plant effluent piping. JUSTIFICATION FOR CHANGE (S): The majority of the additional work is for additional fittings and labor required to install segments of the proposed 36-inch and 48-inch effluent piping at lower elevations than were called out on the Contract Drawings. Installations at the lower elevations are required to avoid conflicts with existing and proposed underground utilities. Installation at lower elevations to cross under existing and proposed utilities requires additional excavation, dewatedng and offset fittings. The conflicts were not addressed in the bid drawings. Had the conflicts been identified and addressed dudng the design period, the necessary work items would have been incorporated into bidding documents and the additional costs included in this change item would · have been included in a higher lump-sum bid pdce for the overall project. PARTIES CONTACTED REGARDING THE CHANGE: Project Delivery Team (i.e. - NCWRF Plant Staff, County Project Manager, Engineer, Contractor) IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) ./?roposed change is consistent with the scope of the existing agreement __~?roposed change is in fact an addition or deletion to the existing scope · _.~hange is being implemented in a manner consistent with the existing agreement -//The appropriate parties have been consulted regarding the change ~--/"Proposed pdces, fees and costs set forth in the change are reasonable Agenda Item No. 16E3 April 13th, 2004 Page 12 of 47 Collier County NCWRF Expansion to 24.1 MGD - Liquid Stream Change Order No. 4, Item No. 04-08 Page 2 of 2 CONSULTING EN~I.NEE. I~ II~..C~i~ENDATION: RECOMMEND: ~~~.=..,.~ DO NOT RECOMI~END: Date: Date: PROJECT MANAGER RF~J~ONJMF_~DATION RECOMMEND:. DO NOT RECOMMEND: Date: Date: COMMENTS: Revised 8/22/03 Agenda Item No. 16E3 April 13th, 2004 Page 13 of 47 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream PROJECT #: 73950 BID/RFP #: 02-3418 MOD #: 04-09 AMOUNT OF THIS CHANGE $(-4,665.00)(credit) PO #: 4500004112 Work Order #: N/A CONTRACT AMOUNT: ORIGINAL $24,861.000,00 CURRENT $25,485,659.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $24,861,000.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval:12/17/02 Agenda Item #:10C Percentage of the change over/under current contract amount: 2.47% Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): GRIT CHAMBER ~4 MILESTONE: PROJECT SUBSTANTIAL: PROJECT FINAL: ORIGINAL: 3/16/04 ORIGINAL: 3/16/05 ORIGINAL: 6/14105 CURRENT: 3/23/04 CURRENT: 3/16/05 CURRENT: 6/14/05 SUMMARY OF PROPOSED CHANGE (S): Credit for materials and labor for the deletion of asphalt paving from an area of the east perimeter road south of the Hypochlorite Facility. JUSTIFICATION FOR CHANGE (S): Replacement paving was inadvertently shown for the same area on both the NCWRF Expansion to 24.1 MGD - Liquid and Solids Stream contracts. Since COnstruction that requires that the paving be replaced is part of the Solids Stream contract, the replacement paving will be completed on the Solids Stream contract. As such, it was deleted from the Liquid Stream contract and resulted in the proposed credit. PARTIES CONTACTED REGARDING THE CHANGE: Project Delivery Team (i.e. - NCWRF Plant Staff, County Project Manager, 'Engineer, Contractor) I.~LEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) proposed change is consistent with the scope of the existing agreement ~'~JProposed change is in fact an addition or deletion to the existing scope . ?~Change is being implemented in a manner consistent with the existing agreemem ,,/The appropriate parties have been consulted regarding the change ~'Proposed prices, fees and costs set forth in the change are reasonable CONSULTING EN_.N_.~~H~OI~~~~ RECOMMEND: Date: 't,- ~'~ "O~'I~ DO NOT RECOMMEND: Date: PROJECT MANAGER RF.~COM~. EI~iDATION: RECOMMEND: ~, DO NOT RECOMMEND: Date: Date: COMMENTS: Revised 8/22/03 Agenda Item No. 16E3 April 13th, 2004 Page 14 of 47 /_7" CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream PROJECT #: 73950 BID/RFP #: 02-3418 MOD #: 04-10 PO #: 4500004112 Work Order #: AMOUNT OF THIS CHANGE $(-3,007.00)(credit) N/A CONTRACT AMOUNT: ORIGINAL $24,861,000.00 CURRENT $25,482,652.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $24,861,000.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval: 12/17102 Agenda Item #: 10C Percentage of the change over/under current contract amount: 2.46% Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): GRIT CHAMBER ~ MILESTONE: PROJECT SUBSTANTIAL: PROJECT FINAL: ORIGINAL: 3116/04 ORIGINAL: 3116/05 ORIGINAL: 6114105 CURRENT: 3/23/04 CURRENT: 3/16105 CURRENT: 6/14/05 SUMMARY OF PROPOSED CHANGE (S): Deletion of materials and labor for approximately 150 linear feet of concrete encased electrical ductbank for the pdmary electrical power supply from FP&L to the new Electrical Service Building. JUSTIFICATION FOR CHANGE (S): The FP&L primary electrical power supply to the new Electrical Service Building was designed to consist of two segments. The first segment was designed as a directional bore of a single conduit from outside the plant property to a switching box inside the plant property. The second segment was designed as a concrete encased electrical ductbank (by the Contractor) with multiple conduits buded and encased in concrete, similar to other ductbanks within the plant_ Due to a relocation of the proposed FP&L switching box, as requested by FP&L and approved by the County and the Engineer, the length of the FP&L direction bore was increased (at no cost by FP&L) and the length of the concrete encased ductbank was decreased, resulting in the proposed credit. PARTIES CONTACTED REGARDING THE CHANGE: Project Delivery Team (i.e. - NCWRF Plant Staff, County Project Manager, Engineer, Contractor) IM~-EMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) "/Proposed change is consistent with the scope of the existing agreement _~,~roposed change is in fact an addition or deletion to the existing scope ~,j~hange is being implemented in a manner consistent with the existing agreement Z~'//~1~e appropriate parties have been consulted regarding the change Z-/Proposed prices, fees and costs set forth in the change are reasonable Agenda Item No. 16E3 April 13th, 2004 Page 15 of 47 Collier County NCVVRF Expansion to 24.1 MGD - Liquid Stream Change Order No. 4, Item No. 04-10 Page 2 of 2 CONSULTING E~R ~e~~.~ON: RECOMMEND: DO NOT RECOMMEND: Date: PROJECT MANAGER RECC3MMENDATION: RECOMMEND: ~~ DO NOT RECOMMEND: Date: Date: ~.,.~'3,.,. O~-~ Date: COMMENTS: Revised 8/22/03 Agenda Item No. 16E3 April 13th, 2004 Page 16 of 47 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream PROJECT #: 73950 BID/RFP #: 02-3418 MOD #: 04-11 AMOUNT OF THIS CHANGE $44,441.00 PO #: 4500004112 Work Order #: N/A CONTRACT AMOUNT: ORIGINAL $24,861,000.00 CURRENT $25,527,093.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $24,861,000.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval: 12/17/02 Agenda Item #: 10C Percentage of the change over/under current contract amount: 2.64% Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): GRIT CHAMBER #4 MILESTONE: PROJECT SUBSTANTIAL: PROJECT FINAL: ORIGINAL: 3/16/04 ORIGINAL: 3/16/05 ORIGINAL: 6/14/05 CURRENT: 3/23/04 CURRENT: 3/16/05 CURRENT: 6114105 SUMMARY OF PROPOSED CHANGE (S): Addition of costs to compensate the Contractor for materials and labor necessary to upgrade the Aeration Basins Odor Control System. The odginal contract documents provided odor control for the Aeration Basins by relocation of an existing chemical wet scrubber that currently serves the Pretreatment Building and Sludge Gravity Thickeners. The upgrade would eliminate the wet scrubber relocation and provide for the procurement and installation of a new Biofiltration Odor Control System. Since the proposed Biofiltrafion Odor Control System will also be used for interim odor control of the Pretreatment Building and Sludge Gravity Thickeners dudng construction phasing, the majority of the upgrade costs are being compensated for under Change Order Item 03-01, which transferred a $200,000 Allowance Account for Intedm Odor Control from the Expansion to 24.1 MGD - Solids Stream project_ JUSTIFICATION FOR CHANGE (S): Due to construction phasing between the Liquid Stream and Solids Stream projects, odor control for the Pretreatment Building, Sludge Gravity Thickeners and Aeration Basins was originally designed as follows: 1. Install Temporary Odor Control System to serve the Pretrea[ment Building and Sludge Gravity Thickeners. 2. Remove the existing chemical scrubber-based Pretreatment/Gravity Thickener Odor Control System (ocs). 3. Construct new Liquid Stream ei(panslon underground utilities in the area made vacant in step 4. Install the relocated chemical scrubber-based OC (formerly serving the PretreatmentJGravity Thickener facilities) to permanently serve the Aeration Basins. 5. Permanent odor control for the Pretreatment Building and Sludge Gravity Thickeners is provided under the Solids Stream contract. The temporary odor control system was originally designed to be a manufactured, leased activated carbon unit. The County recently stated bheir preference not to implement an activated carbon-based system, even on a temporary basis, based on negative experience with "first-generation" activated carbon odor control units at collection system lift stations. Since the odginal design intent for temporary odor control was formulated, the County and Engineer have jointly agreed to install a new biofiltration odor control system as a temporary odor control unit, and then relocate the unit for permanent use at the Aeration Basins. The Engineer's 20-year life cycle Agenda Item No. 16E3 April 13th, 2004 Page 17 of 47 Collier County NCWRF Expansion to 24.1 MGD - Liquid Stream Change Order No. 4, Item No. 04-11 Page 2 of 2 cost analysis indicates that a permanent biofiltration system will result in a net savings of $300,000 over the chemical wet scrubber system. Therefore, the additional costs included in this change order will be paid back through operational cost savings. PARTIES CONTACTED REGARDING THE CHANGE: Project Delivery Team (i.e. - NCWRF Plant Staff, County Project Manager, Engineer, Contractor) IM[~LEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) ~__~°roposed change is consistent with the scope of the existing agreement ,/Proposed change is in fact an addition or deletion to the. existing ~ t --~-/J~hange is being implemented in a manner consistent w~th th.e extsting agreemen -~']/he anorooriate parties have been consulted regarding the change ~"~;'~p~rs~- ~)rices, fees and costs set forth in the change are reasonable CONSULTING ENI~r:~=g m~=~.C)M~MDATION: RECOMMEND: ~ Date: '[-- ~'~ "0 ~ DO NOT RECOMMEND: Date: PROJECT MANAGER RE~OMMEMDATION: RECOMMEND: ~'/' DO NOT RECOMMEND: Date: Date: COMMENTS: Revised 8/22/03 Agenda Item No. 16E3 April 13th, 2004 Page 18 of 47 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream PROJECT #: 73950 BID/RFP #: 02-3418 MOD #: 04-12 PO #: 4500004112 Work Order #: AMOUNT OF THIS CHANGE $(-1,939.00)(credit) N/A CONTRACT AMOUNT: ORIGINAL $24,861,000.00 CURRENT $25,525,154.00 (STARTING POINT) (INCLUDING ll-IIS CHANGE ORDER) Last BCC Approved Amount $24,861,000.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval: 12/17/02 Agenda Item #: 10C Percentage of the change over/under current contract amount: 2.63% Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): GRIT CHAMBER #4 MILESTONE: PROJECT SUBSTANTIAL: PROJECT FINAL: ORIGINAL: 3/16/04 ORIGINAL: 3/16/05 ORIGINAL: 6/14105 CURRENT: 3/23/04 CURRENT: 3/16/05 CURRENT: 6/14/05 SUMMARY OF PROPOSED CHANGE (S): Deletion of a piping connection between parallel 24-inch diameter and 18-inch diameter buried ductile-iron pipelines. JUSTIFICATION FOR CHANGE (S): The piping connection was shown on the bidding documents between two pipelines that were both called out as 'reuse' water service. Dudng construction, it was determined that one of the pipelines had been incorrectly labeled as "reuse", when in fact, it is a 'reject recycle' pipeline. The intent was not to connect reject and reuse pipelines. Therefore, the connection was deleted, resulting in the proposed credit. PARTIES CONTACTED REGARDING THE CHANGE: Project Delivery Team (i.e. - NCWRF Plant Staff, County Project Manager, Engineer, Contractor) IMPLEMENTATION STEPS {Verify each before proceeding with change using Y, N or N/A) -/Proposed change is consistent with the scope of the existing agreement .__~Proposed change is in fact an addition or deletion to the existing scope .___~,~Change is being implemented in a manner consistent with the existing agreement _/~he appropriate parties have been consulted regarding the change ~Proposed pdces, fees and costs set forth in the change are reasonable CONSULTING E~.INE. E~ R.~E~MENDATION: RECOMMEND: -4~ t'~O--~~--.---.-'' Date: "~- DO NOT RECOMIVIEND: ~ Date: PROJECT MANAGER RF-~OMMEMDATION: RECOMMEND: DO NOT RECOMMEND: Date: COMMENTS: Revised 8/22/03 Agenda Item No. 16E3 April 13th, 2004 Page 19 of 47 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream PROJECT #: 73950 BID/RFP #: 02-3418 MOD #: 04-13 AMOUNT OF THIS CHANGE $6,407.00 PO #: 4500004112 Work Order #: N/A CONTRACT AMOUNT: ORIGINAL $24,861,000.00 CURRENT $25,531,561.00 (STARTING POINT) {INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $24,861,000.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval:12/17/02 Agenda Item #:10C Percentage of the change over/under current contract amount: 2.65% Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): GRIT CHAMBER #4 MILESTONE: PROJECT SUBSTANTIAL: PROJECT FINAL: ORIGINAL: 3/16/04 ORIGINAL: 3/16105 ORIGINAL: 6114105 CURRENT: 3/23/04 CURRENT: 3/16105 CURRENT: 6/14/05 SUMMARY OF PROPOSED CHANGE (S): Materials and labor to install a partition block wall (with aluminum walkthrough door) to subdivide the intake air plenum on the north side of the proposed Generator Building. JUSTIFICATION FOR CHANGE (S): The intake plenum should be sub-divided to allow the Generator Facility to function properly if either one of the two diesel-engine generators is operating and the other is not operating. The partition wall should have been included in the original bidding documents and was inadvertently omitted. Had this item been implemented during the design peded, it would have been incorporated into bidding documents and the additional costs included in this change item would have been included in a higher lump-sum bid pdce for the overall project. PARTIES CONTACTED REGARDING THE CHANGE: Project Delivery Team (i.e. - NCWRF Plant Staff, County Project Manager, Engineer, Contractor) IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) -/_~_~Proposed change is consistent with the scope of the existing agreement' ./proposed change is in fact an addition or deletion to the existing scope . _~;hange is being implemented in a manner consistent with the existing agreement _~D..e appropriate parties have been consulted regarding the change Z Proposed prices, fees and costs set forth in the change are reasonable Agenda Item No. 16E3 Apdl 13th, 2004 Page 20 of 47 Col#er County NCWRF Expansion to 24.1 MGD - Liquid Stream Change Order No. 4, Item No. 04-13 Page 2 of 2 CONSULTINGEN~ E~~~: RECOMMEND: Date: '1,- ~'~.'- O ~ DO NOT RECOMMEND: Date: PROJECT MANAGER RECOI~,E~~ RECOMMEND: DO NOT RECOMMEND: Date: COMMENTS: Re~s~ 8~2~3 Agenda Item No. 16E3 April 13th, 2004 Page 21 of 47 CONTRACT MODIFICATION CHECKLIST FORM //J PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream PROJECT #: 73950 BID/RFP #: 02-3418 MOD #: 04-14 AMOUNT OF THIS CHANGE $3,080.00 PO #: 4500004112 Work Order #: N/A CONTRACT AMOUNT: ORIGINAL $24,861,000.00. CURRENT $25,534,641.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $24,861,000.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval: 12/17/02 Agenda Item #: 10C Percentage of the change over/under current contract amount: 2.67% Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): GRIT CHAMBER #4 MILESTONE: ORIGINAL: 3/16104 CURRENT: 3/23/04 PROJECT SUBSTANTIAL: ORIGINAL: 3/16105 CURRENT: 3/16/05 PROJECT FINAL: ORIGINAL: 6/14/05 CURRENT: 6114/05 SUMMARY OF PROPOSED CHANGE (S): Materials and labor to relocate a short segment of an existing 6- inch plant service water (PSW) pipeline. JUSTIFICATION FOR CHANGE (S): The relocation of the 6-inch buded PSW pipeline was required to avoid an elevation conflict with the crossing of a proposed 42-inch clarifier effluent (CE) underground pipeline. Since the 42" CE is a gravity line and the 6"PSW pipeline operates under pressure, as well as the fact that the 6" PSW is much more economical to relocate, it was determined that relocation of the 6" PSW was the least costly and most expedient method to resolve the elevation conflict. Had this conflict been discovered during the design period, it would have been incorporated into bidding documents and the additional costs included in this change item would have been included in a higher lump-sum bid pdce for the overall project. PARTIES CONTACTED REGARDING THE CHANGE: Project Delivery Team (i.e. - NCWRF Plant Staff, County Project Manager, Engineer, Contractor) IM~ILEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) _¢-~'?roposed change is consistent with the scope of the existing agreement ~J~roposed change is in fact an addition or deletion to the existing scope ~/~hange is being implemented in a manner consistent with the existing agreement -~-.~he appropriate parties have been consulted regarding the change _'~fProposed prices, fees and costs set forth in the change are reasonable RECOMMEND: Date: DO NOT RECOMI~ lEND: Date: RECOMMEND: /" -' ~'~'~'~ DO NOT RECOMMEND: COMMENTS: Date: Date: Revised 8/22/03 Agenda Item No. 16E3 April 13th, 2004 Page 22 of 47 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream PROJECT #: 73950 BID/RFP #: 02-3418 MOD #: 04-15 PO #: 4500004112 Work Order #: AMOUNT OF THIS CHANGE $1,832.00 N/A CONTRACT AMOUNT: ORIGINAL $24,861,000.00 CURRENT $25,536,503.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $24,861,000.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval:12/17102 Agenda Item #:10C Percentage of the change over/under current contract amount: 2.67% Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): GRIT CHAMBER ~t MILESTONE: PROJECT SUBSTANTIAL: PROJECT FINAL: ORIGINAL: 3/16/04 ORIGINAL: 3/16/05 ORIGINAL: 6/14/05 CURRENT: 3/23/04 CURRENT: 3/16/05 CURRENT: 6/14105 SUMMARY OF PROPOSED CHANGE (S): Added material cost to change the manufacturer of all sewage air release valves (ARV's) on this project from one of the listed manufacturers to ARI. JUSTIFICATION FOR CHANGE (S): After the project had been bid and awarded, the County standardized on ARI plastic-body sewage air release valves. The ARI valves have a higher purchase cost than the valves listed in the bidding documents. The plastic-body ARV's are considered an upgrade, and, as such, result in "added value" to the project. PARTIES CONTACTED REGARDING THE CHANGE: Project Delivery Team (i.e. - NCWRF Plant Staff, County Project Manager, Engineer, Contractor) IM_~o~,EMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) ~'- ~roposed change is consistent with the scope of the existing agreement _~',~.roposed change is in fact an addition or deletion to the existing scope Z.~/E;hange is being implemented in a manner consistent with the existing agreement ~,T, he appropriate parties have been consulted regarding the change _~'Proposed prices, fees and costs set forth in the change are reasonable RECOMMEND: Date: 't..-- ~ ~:~- ~-{ DO NOT RECOM tEND: Date: PROJECT MANAGER RE~OMMENI;)ATION: RECOMMEND: F' ~ ('~~ DO NOT RECOMMEND: Date: COMMENTS: Revised 8/22/03 Agenda Item No. 16E3 April 13th, 2004 Page 23 of 47 CONTRACT MODIFICATION CHECKLIST FORM /? PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream PROJECT #: 73950 BID/RFP #: 02-3418 MOD #: 04-16 AMOUNT OF THIS CHANGE $4,568.00 PO #: 4500004112 Work Order #: N/A CONTRACT AMOUNT: ORIGINAL $24,861,000.00 CURRENT $25,534,641.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $24.861,000.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval: 12/17/02 Agenda Item #: 10C Percentage of the change over/under current contract amount: 2.69% Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): GRIT CHAMBER #4 MILESTONE: ORIGINAL: 3116/04 CURRENT: 3/23/04 PROJECT SUBSTANTIAL: ORIGINAL: 3/16105 CURRENT: 3/16/05 PROJECT FINAL: ORIGINAL: 6/14/05 CURRENT: 6/14/05 SUMMARY OF PROPOSED CHANGE (S): Materials and labor to install an 8" diameter piping interconnection between the new 8" waste activated sludge (WAS) pipeline (installed under this project) and an existing 4' WAS pipeline installed under a previous project. JUSTIFICATION FOR CHANGE (S): To provide an interim increase in sludge wasting capacity from the MLE portion of the NCWRF until the proposed Aerated Sludge Holding Tanks are constructed and operational (projected date - September 2005). The 4' WAS pipeline was designed and constructed as part of the recent 5-MGD Expansion project. Design criteria for the amount of sludge to be wasted each day were based on projections from historical plant operating data. Recent plant operating data indicates that sludge production at the plant has increased by approximately 30 percent since the 4-inch WAS pipeline was designed 5-MGD Expansion was designed. The increase in NCWRF sludge production appears to be caused by the high solids content of incoming wastewater from a large industrial (septage) source discharging into the County's collection system. Based on recent investigations, it appears that high-solids influent from this industrial source was previously being discharged to the SCWRF. Since the collection systems for the NCWRF and SCWRF were interconnected, this high-solids industrial flow has been discharged to the NCWRF. The 8" WAS to 4" WAS interconnection was implemented to temporarily alleviate this condition until the proposed Aerated Sludge Holding Tanks are constructed and operational (projected date - September 2005). Since the proposed Aerated Sludge Holding Tanks are physically closer to the WAS pumps, the required pumping pressure will be reduced and the available flowrate will increase to meet the increased sludge production. Had this item been implemented during the design period, it would have been incorporated into bidding documents and the additional costs included in this change item would have been included in a higher lump-sum bid price for the overall project. PARTIES CONTACTED REGARDING THE CHANGE: Project Delivery Team (i.e. - NCWRF Plant Staff, County Project Manager, Engineer, Contractor) Agenda Item No. 16E3 April 13th, 2004 Page 24 of 47 Collier County NCWRF Expansion to 24.1 MGD - Liquid Stream Change Order No. 4, Item No. 04-16 Page 2 of 2 IMP~LEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) ,_~'prrno, posed change is consistent with the scope of the existing agreement /~/Proposed change is in fact an addition or deletion to the existing scope _/LG. hange is being implemented in a manner consistent with the existing agreement pr,e apprOPriate parties have been consulted regarding the change Proposed prices, fees and costs set forth in the change are reasonable RECOMMEND: DO NOT RECO~ Date: Date: PROJECT MANAGER RECOli~,~ENDATION: RECOMMEND: · DO NOT RECOMMEND: Date: Date: COMMENTS: Revised 8/22/03 Agenda Item No. 16E3 April 13th, 2004 Page 25 of 47 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Expansion to 24.1 MGD - Liquid Stream PROJECT #: 73950 BID/RFP #: 02-3418 MOD #: 04-17 AMOUNT OF THIS CHANGE $12,087.00 PO #: 4500004112 Work Order #: N/A CONTRACT AMOUNT: ORIGINAL $24,861,000.00 CURRENT $25,542,170.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $24,861,000.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval:12/17/02 Agenda Item #:10C Percentage of the change over/under current contract amount: 2.74% Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): GRIT CHAMBER ~4 MILESTONE: PROJECT SUBSTANTIAL: PROJECT FINAL: SUMMARY OF PROPOSED CHANGE (S): ORIGINAL: 3/16/04 ORIGINAL: .3/16~05 ORIGINAL: 6114/05 CURRENT: 3/23/04 CURRENT: 3/16105 CURRENT: 6/14/05 Labor to a protective concrete cap from an existing slab-on-grade joint along the south side of Chlorine Contact Basin No. 3 JUSTIFICATION FOR CHANGE (S): The slab const~Jction joint contains waterstop, which prevents plant effluent from leaking out of the structure through the joint. The existing cap was constructed under a previous project to protect the waterstop from damage until the new slab for Chlorine Contact Basin No. 4 is connected to the existing CCB No. 3 slab under this project. Details and directions to remove the cap were inadvertently omitted from this project's bidding documents. Had the details and callouts been included in the original bidding documents, the cost included in this change order item would have been included in a higher lump-sum bid pdce. PARTIES CONTACTED REGARDING THE CHANGE: Project Delivery Team (i.e. - NCWRF Plant Staff, County Project Manager, Engineer, Contractor) IM/PLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) ..~.Proposed change is consistent with the scope of the existing agreement .~/roposed change is in fact an addition or deletion to the existing scope _~'~hange is being implemented in a manner consistent with the existing agreement Z~/he appropriate parties have been consulted regarding the change Z.~Proposed pdces, fees and costs set forth in the change are reasonable CONSULTING Elan EERiR~O~N~TION: RECOMMEND: ~ J.~k~ ~ ¥~.-.-----'~ Date: "t.-~'~ '(3~'~ DO NOT RECOMIV~'-ND: Date: PROJECT MANAGER R~COI~IMEtNDATION: RECOMMEND: ~.~z' ~ ~ DO NOT RECOMMEN · D' Date: COMMENTS: Agenda Item No. 16E3 April 13th, 2004 Page 26 of 47 COLLIER COUNTY EXPANSION TO 24.1 MGD - LIQUID STREAM CONSTRUCTION CHANGE ORDER NO. 4 SUMMARy OF COST/CREDIT ITEMS !tern Change to No. fl..tern Description .Contract Amount I Aeration Influent Piping Modifications (Pipe Labor only) $20,128.00 - 2 RFP 20, Re-OrientalJon of Filter/CCB 4 $39,247.00 - 3 FRP Embed for Grit Chamber No. 4 Odor Cover $8,765.00 · 4 Remove Light Pole at Pretreatment Building $1,474.00 5 Controls for Mech. Screen & Grit Classifier $938.00 - 6 Flushing Water at Grit Classifiers 3 & 4 $3,062.00 o 7 Pretreatment Piping Modifications $1,577.00 - 8 Plant Effluent Piping Changes $64,695.00 · 9 Credit for Deleted Paving ($4,665.00) ~ 10 Credit for Reduced Length of FP&L Primary Ductbank ($3,007.00), 11 Odor Control Upgrades $44,441.00 12 Delete 18"/24" Connection (Reuse) ($1,939.00) 13 Generator Building Plenum Wall Addition $6,407.00 ' 14 Relocation of 6" PSW at Filters $3,080.00 4 15 Change Air Release Valve Manufacturer $1,862.00 ' 16 T~-in of New 8" WAS to Existing 4" WAS $4,568.00 17 Remove Protective Cap from Slab Joint at Chlorine Contact Basin No. 3 $12,087.00 - Subtotal, Chan~e Order No. 4 $202,720.00 C04$TABLE Page 1 of I April 13th, 2004 Page 27 of 47 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Developing a Land and Land Rights GIS Database PROJECT #: 03-3548 BID/RFP #: 03-3548 MOD #: 2 AMOUNT OF THIS CHANGE $4,667 PO #: ~5'0~2~0 Work Order #: CONTRACT AMOUNT: ORIGINAL $ 205,224 CURRENT $223,168 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ 205,224 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval January 27, 2004 Agenda Item # 16-E-3 Percentage of the change over/under current contract amount 8.7% FOrmula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: 2J15/2005 CURRENT: 2/15/2005 SUMMARY OF PROPOSED CHANGE (S): Documents provided by the Collier County transportation depaxtment will be scanned and automated following the same scope and procedures as currently described in the scope of work for Task 3 (automation) andOptional Task 1 (sc .arming). JUSTIFICATION FOR CHANGE (S): The Transportation Depa .rtment, after seein.q preliminary results, requested that their 115 documents also be included in the scope of work for this contract. This database will definitely improve the efficiency amon.q staff members as well as help the Transportation Division realize its .qoal -- to support and improve transportation movement and to reduce bottleneck conRestion alon.q local and regional corridors. PARTIES CONTACTED REGARDING THE CHANGE: Jones, Edmunds & Associates Inc, Land and Land Riqhts Task Force. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Y Proposed change is consistent with the scope of the existing agreement -Y Proposed change is in fact an addition or deletion to the existing scope -Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change -Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT MAN,/~%E,~ RE~j~__I~I~I~_ATION: APPROVE: DISAPPROVE: Date: 3/23/2004 Date: COMMENTS:' Attached is a cost estimate for the automation of the documents that will be added to the scope of work. REVISED 9/9/03 Agenda Item No. 16E3' April 13th, 2004 Page 28 of 47 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Grey Oaks Public Safety Facility PROJECT #: 52006 BID/RFP #: 03-3493MOD #: 2 AMOUNT OF THIS CHANGE $12,464.27 PO #: 4500013327 Work Order #: CONTRACT AMOUNT: ORIGINAL $1,650,406.00_ CURRENT $1,664,036.82 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $1,650,406.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval 6110/3 Agenda Item # 16 E 6 Percentage of the change over/under current contract amount .83% Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: 6/16/04 CURRENT 8/11104 SUMMARY OF PROPOSED CHANGE (S): Move Fuel storage system and pump, revise concrete drive, relocate dumpster enclosure, provide CMU retaining wall, revise landscape and irrigation system and revise retention area. JUSTIFICATION ~FOR CHANGE (S): The City of Naples Department of Engineering has requested these changes be made to the site plan. PARTIES CONTACTED REGARDING THE CHANGE: Bob Pierce & Jack Croqnale IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Y Proposed change is consistent with-the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANA~DATION: APPROVE: DISAPPROVE: Date: Date: COMMENTS: REVISED 9/9/03 Agenda Item No. 16E3 April 13th, 2004 Page 29 of 47 CONTRACT MODIFICATION CHECKLIST FORM PROJECT N~IE: Naples Jail PROJECT #: 520Q8. BID/RFP #: !);I,-2829 MOD #: 8 .AMOUNT OF THIS CHANGE (24,660.00) PO #: 4500012306 Work Order #: CONTRACT AMOUNT: ORIGINAL $ 34,402,176.00 CURRENT,S25;323,945.16 (STARTING POIN]3 (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount ~- ~r~¢], .~ ~ 7, //5'" ~ ~/,Jy~//o~f (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval9/9/03 Agenda Item # 16 F 1, Percentage of the change over/under current contract amount '-13.80% Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: 6113/05 CURR'ENT:6/13105 SUMMARY OF PROPOSED CHANGE (S): Chan(~in_cl the specified Roofin.q System to an insulatinq Liqhtwe'.~ht Concrete Roof~ System. JUSTIFICATION FOR CHANGE (S): A different roof PARTIES CONTACTED REGARDING THE CHANGE: Skip Camp, Jack Croqnale IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Y__ Proposed change is consistent with the scope of the existing agreement Y__. Proposed change is in fact an addition or deletion to the existing scope Y__ Change is being implemented in a manner consistent with the existing agreement Y__ The appropriate parties have been consulted regarding the change Y__ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MAN~E,,~ RECOM~ENDATIC)N: APPROVE:~ DISAPP~ ~ COMMEI~S: Date: REVISED 9/9/03 Agenda Item No. 16E3 April 13th, 2004 Page 30 of 47 CONTRACT MODIFICATION CHECKLIST FORM PROJECT N~AIV~ E: Napies Jail PROJECT #: 5200..._._8. BID/RFP #: ~2829 MOD #: 9 AMOUNT OF THIS CHANGE (44,424.75) PO #: 4500012306 Work Order #: CONTRACT AMOUNT: ORIGINAL $ 34,402,176.00 CURRENT $25,279,520.41 · (STARTING POINT) __ __ (INCLUDING TI'aS CHANGE ORDER) Last aCC Approved Amount $~ 4;~ ~.~'~//5?. 7~° ~ (LAST TOTAL AMT. REQUIRING BCC APPROVAL) ~rj' Date of Last BCC Approvalg/9/03 Agenda Item # 16 F 1, Percentage of the change over/under current contract amount - 13.95% Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: 6113/05 CURRENT:6113105 SUMMARY OF PROPOSED CHANGE (S): Credit Per Approved Chanqe Order Request No. 1260- 38 dated 11/11/03 for the redesiqn of the Piles and Foundations at the Jail Expansion. JUSTIFICATION FOR CHANGE (S): Changing from precast driven piles to augercast is a cost and time saving to the owner. PARTIES CONTACTED REGARDING THE CHANGE: Skip Camp, Jack Crof:l. nale IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Y__ Proposed change is consistent with the scope of the existing agreement Y__ Proposed change is in fact an addition or deletion to the existing scope Y__ Change is being implemented in a manner consistent with the existing agreement Y__ The appropriate parties have been consulted regarding the change Y__ Proposed pdces, fees and costs set forth in the change are reasonable PROJECT MAN.,.~,~c_.c.~OM~ENDA_-I"~- .~ APPROVE: ~__...~:~"~'~,~',~_.~..~~ Date: DISAPPROVE: ~ Date: COMMENTS: REVISED 9/9/03 Agenda Item No. 16E3 April 13th, 2004 Page 31 of 47 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: ~ PROJECT #: 52008 BID/RFP #: 99-2829 MOD ~. tl .AMOUNT OF THIS CHANGE (216,013.16) PO #: 4500012306 Work Order CONTRACT AMOUNT: ORIGINAL $ 34,402,'i76.00 CURRENT $29,698,659.25 (START~G POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $29,397,115.70 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approvalg/9/03 A4]enda Item # 16 F 1, Percentage of the change over/under current contract amount 1.03 % Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: ~ CURRENT:6113105 SUMMARY OF PROPOSED CHANGE (S): Adiustments to Direct Material Purchase Order & Sales Ta.x due to Mi~. c..proiect cha. n;ies as puflined in Chal~e Order: JUSTIFICATION FOR CHANGE (S): Due to decreased & increases to misc. Purchase Orders on Direct Material Purchases. PARTIES CONTACTED REGARDING THE CHANGE: St(ip CamP1 Ja.ck Croc~nal_e IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Y__ Proposed change is consistent with the scope of the existing agreement Y__ Proposed change is in'fact an addition or deletion to the existing scope Y__ Change is being implemented in a manner consistent with the existing agreement Y__ The appropriate parties have been consulted regarding the change Y__ Proposed pdces, fees and costs set forth in the change are reasonable PROJECT MAI~GE~ RECOM~tlENDATION: APPROVE: _ DISAPPR~ r COMMEN;FS: Date: Date: REVISED 9/9/03 Agenda Item No. 16E3 April 13th, 2004 Page 32 of 47 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Collier/Davis Intersection Improvements PROJECT #: 60170 BID/RFP #: 03-3501 MOD #: Two (2) AMOUNT OF THIS CHANGE $(40,629.91)_ PO #: 4500018370 Work Order #: CONTRACT AMOUNT: ORIGINAL $ 702~930.45 CURRENT $662~296.20 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $702,930.45 (LAST TOTAL AMT. REQUIRING.BCC APPROVAL) Date of Last BCC Approval_September 9, 2003 Agenda Item # _(16) (B)(9) _ Percentage of the change over/under current contract amount -5.79 % Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: March 31,2004 CURRENT: May 14, 2004 SUMMARY OF PROPOSED CHANGE (S): Install siqns, Remove and reinstall si.qns, and place open concrete flumes.in place of closed flumes. Add time to place Thermo Strippinq JUSTIFICATION. FOR CHANGE (S): Added siqns for safety and chan,qed to open flumes to fit field conditions. Added time requ..ired per FDOT Review i.e. need 90 days between last day of pavin.q and the application of the Thermo Line Stripping PARTIES CONTACTED REGARDING THE CHANGE: Lynn Thorpe, P.E., Principal Proiect Mana.qer; Trey Barclay, Proiect En.qineer, KCCS, Inc.; Julio Ordonez, P.E., Transportation/Desiqn Operations, Senior Proiect Mana.qer IMPLEMENTATION STEPS (Verify each before procccding with change using Y, N or N/A) _~Y Proposed change is consistent with the scope of the existing agreement _~Y Proposed change is in fact an addition or deletion to the existing scope ~ Change is being implemented in a manner consistent with the existing agreement ~ The appropriate parties have been consulted regarding the change _~Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: APPROVE: ..~~~..~,-,.~.~ Date: Date: COMMENTS: P~VI$ F_.D 9/9/03 Agenda Item No. 16E3 April 13th, 2004 Page .33 of 47 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Utility Relocations for Davis & Collier Blvds. Intersection PROJECT #: 70071 BID/RFP #: 01-3290 MOD #: I _ AMOUNT OF THIS CHANGE $2~000.00. PO #: 4500010853 Work Order #: ABB-FT-03-05 CONTRACT AMOUNT: ORIGINAL $7,950.0.0_ CURRENT $9~950.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $_~0 (LAST TOTAL AMT. REQUIRING BCC APPPIOVAL) Date of Last BCC Approval N/A Agenda Item # N/A,~ Percentage of the change over/under current contract amount 25 %. (Still less than threshold amount requiring BCC approval). Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: 10-10-03 CURRENT: 2-27-04 SUMMARY OF PROPOSED CHANGE (S): Enqineerin.q services durin.q construction to reroute 8" water main & abandon or remove existing main. JUSTIFICATION FOR CHANGE (S): Excavation of stormwater storaqe pond will reduce cover over water main to less than required minimum. Reroutinq is less costly than dippin.q main under pond. This additional conflict was discovered durinq construction and was therefore, not known when oriqinal work order was issued. PARTIES CONTACTED REGARDING THE CHANGE: Consultant, Water Director, iMPLEMENTATIoN STEPS (Verify each before proceeding with change using Y, N or N/A) _Y_ Proposed change is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope _Y_ Change is being implemented in a manner consistent with the existing agreement _Y_ The appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: APPROVE: Date: Feb. 20, 2004 DISAPPROVE: Date: COMMENTS: REVISED 9/9/03 Agenda Item No. 16E3 April 13th, 2004 Page 34 of 47 CONTRACT MODIFICATION CHECKLIST FORM I t~.-- PROJECT NAME:. ~11~F,~b'T- ["~.C4., I ~...~G ~m- PR~ECT ~: BID~FP ~- ~ ~ A~ MOD *: A AMOUNT OF THIS CHANGE CONTRACT AMOUNT: ORIGINAL $ c~::~, o~-*~,r~ CURRENT $ '~..~ (ST~ilN(~ POINI~ (INCLUDING~THI5 CHANGe. ORDER) Last BCC Approved Amount $ --'-"' Date of Last BCC Approval~/3~=,~_.k~ Z.~.. ~{2X%5 Agendaltem# ~0 C_~ Percentage of the change over/under current contract amount Formula: (Current Amount / Last BCC approved amount}-1 Results and Ac~'ons: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. v/~ Proposed change is consistent with the scope of the existing agreement ~'~ Proposed change is in fact an addition or deletion to the existing scope .Change is being implemented in a manner consistent with the existing agreement The appropriate parties have been consulted regarding the change __ Proposed prices, fees and costs set forth in the change are reasonable CURRENT COMPLETION DATE (S): ORIGINAL:' ~ ~ ~C~. CURRENT' ~'~,~V~_.. SUMMARY OF PROPOSED CHANGE (S): ~ ~T ~~~~ ~US~FICA~ON FOR C~NGE (S): ~ t L ~ ' ', '.~ ~~ ~ H~ ~UN~CT~ REGARDI~ ~E CHANGE: ~ p~ p~oject [~ to ~ [o~ ~e S~ ~i[ ~o~ the ~a~1i~ taskL C~nts INPEaENTATmON STE~ ~mH~ a~ ~fom pmc~ng w~ c~nge us~g Y, N or ~A) by s~. Date: ~/~ ~%'-/o Date: PROJECT I~N4G~R RECOjM~ENDATION: DISAPPROVE: Revised 8;/22/03 PLEASE SEE ATTACHEDi SECOND PAGE FOR MORE DETAILS Agenda Item No. 16E3 April 13th, 2004 Page 35 of 47 Attachment 00-3131 - ~%M-GB-O3-O1-A--02 When Airport Pulling was installed the base level of landscaping had not- been established. With the update of the i~OW Ordinance and the Board approval of the Collier County Landscape Beautification Master Plan in April 2003, o base level of landscaping has been ~stablished. When roods-are constructed, a soil specification, which is now part of the ROW handbook is followed and the soil is installed so that plant life can be supported. The soil tests were done to determine whether the existing soils needed to be removed or if they could be amended and to include those recommendations into the specification. The cost was deducted from the reimbursable and no additional money was added to this line item. In the SFWMC) permit, the plan is at a level 'B-CI' which, was approved by the Board when they approved the Master Plan. The SFWMD stated that they would like the pedestrian railing removed, they do not want trees'. Street trees are a ¢1 level. We are s.ubmitting the permit which will be forwarded to the East coast where we will get a definite direction. We have been told that we would be rejected with comments. Depending on what the comments are, we will proceed from there. We will have to revise the plans and resubmit 6 sets of plans for · review. The cost of the plan sets for SFWMD is part of this change. Agenda Item No. 16E3 April 13th, 2004 Page 36 of 47 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Alternative Water Supply and Treatment Analysis PROJECT #: 701581 BID/RFP #: MOD #: I AMOUNT OF THIS CHANGE $10,653 PO #: 4500023968 Work Order #:CDM-FT-03-02 CONTRACT AMOUNT: ORIGINAL $113,893m CURRENT $124,546 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $113~893 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval 09/23/2003 Agenda Item #16 C 5 Percentage of the change over/under current contract amoUnt 9.4 % Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: CURRENT: SUMMARY OF PROPOSED CHANGE (S): Owner-requested change in design from well vault structure to a well house structure. Also increased existing level of surveying work to provide legal descriptions for easements across County property. Also, increased level of effort for Construction bid services given the need to solicit quotes from multiple vendors on fixed-term contracts. JUSTIFICATION FOR CHANGE (S): Owner requested design change to enhance security, reliability, aesthetics, and maintainability. Increased level of effort represents more of same scope. ~ PARTIES CONTACTED REGARDING THE CHANGE: Jim DeLony, Roy Anderson, Paul Mattausch, Ivy Wylie, Lyn Wood IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) _x_ Proposed change is consistent with the scope of the existing agreement ._x_ Proposed change is in fact an addition or deletion to the existing scope _x_ Change is being implemented in a manner consistent with the existing agreement _x_ The appropriate parties have been consulted regarding the change _x_ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: APPROVE: Karl W. Boyer, PUED Principal Proiect Mana~qer DISAPPROVE: Date: Date: 03/10/2004 COMMENTS: Revised 8/22/03 Agenda Item No. 16E3 April 13th, 2004 Page 37 of 47 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Water and Wastewater Master Plan Updates PROJECT #: 700702 and 730662 ~ /'7Z/~/"7..~('1~ ~ '~' BID/RFP #: NIA MOD #:. 1..__AMOUNT OF THIS CHANGE $ _$25,381.20 to Fund 411~ $20~635 to Fund 413 PO ~: ~00012986 ~ater) and ~0129~ ~astewater) Work Order ~:G'H-FT-03~5 CONTACT AMOUNT: ORIGINAL S 221,600' CURRENT $ ~ ~ (ST~NG POIN~ (INCLUDING THIS CHANGE O~ER) Las~ BCC Approved Amount $ 221,600 (~m TOTAL ~T. REQUIRING BCC ~ROVAL) Date of Last BCC ApProval_ June 24, 2~3 Agenda Item · _ 16.C.(20) PerCen~ge of the change over/under current con~act amount 20 (under caD) _% Fo~ula: (Cu~ent Amount / Last BCC ap~oved amount)-1 ReSults and A~ons: If ~e change ex~eds 10% BCC approval is require; under 10% re~ to BCC on Purchasing repo~. CURRENT COMPLETION DATE (S): ORIGINAL: March 31 ;'2004 CURRENT: May 31,2004. SUMMARY OF PROPOSED CHANGE (S): Additional sc~A-Ccs is amended to include additional evaluations and meetings to update CIPs respective to wellfieid projects, additional en~neering services to incorporate modifications to updmhag the water-sewer district population and associated hydraulic: modeling, additional Master Plan presentations to the Countw, and production of more drafts and more total volumes of both Master Plans. Actions to address review comments and to develop responses to new adoption committee questions are also included. JUSTIFICATION FOR CHANGE (S): The analysis work was requested by County staff to b.e. consistent with a County Manager directive to chan._qe the approach to service area population. The additional Master Plan copies are due to increased intera.cjency coordination and added County stai-~ requirinR copies, PARTIES CONTACTED REGARDING THE CHANGE: Tablulation of additional consultant fees and Costs to produce additional Master Plan volumes was conducted by Ivy_ Wylie in discrete per hour and per volume increments. The consultant only revieWed but did not author this change. Public U~ilities Fiscal Operations is also a reviewer besides Utilities Engineerin.q. This proiect does not involve con~[ruction. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) N/A Proposed change is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change Y Proposed pdces, fees and costs set forth in the change are reasonable Revised 8/22/03 Agenda Item No. 16E3 April 13th, 2004 Page 38, of 47 PROJECT MANAGER RECOMMENDATION: APPROVE: ~,,~ %/,,~ DISAPPROVE: COMMENTS: Date: Date: Revised 8/22/03 Agenda Item No. 16E3 April 13th, 2004 Page 39 of 47 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Green Boulevard Intersection Improvements at Sunshine Boulevard PROJECT #:. 66065 BID/RFP #: 02-3327 MOD #: I AMOUNT OF THIS CHANGE $ 802.59 PO #: 4500022717 Work Order #: BOC-FT-04-05 CONTRACT AMOUNT: ORIGINAL $ 71,981.35 CURRENT $72,783.94 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ .N/A ... (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval N/A Agenda Item # __N/A Percentage of the change over/under current contract amount ~% [. t t q~ ~ Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: 4-2-04 CURRENT: 4-2-04 SUMMARY OF pROpOsED CHANGE (S): The purpose of this chan.qe order is to add to the work order amount for additional soddinq work necessary to match existin.q, conditions. JUSTIFICATION FOR CHANGE (S): Due to chanRes in the existinR conditions after the desi.qn phase, addit!0nal work was necessary to provide a safe intersection. PARTIES CONTACTED REGARDING THE CHANGE: Bonness, Inc., Transportation En.qineerin.q and Construction Mana.qement Department IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) __ Proposed change is consistent with the scope of the existing agreement __ Proposed change is in fact an addition or deletion to the existing scope __ Change is being implemented in a manner consistent with the existing agreement __ The appropriate parties have been consulted regarding the change __ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: APPROVE: v,'" ~ ~f Date: DISAPPROVE: Date: COMMENTS: Revised 8/22/03 Agenda Item No. 16E3 April 13th, 2004 Page 40 of 47 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Collier County Gov. Service Center PROJECT #: 52534 BID/RFP #: - MOD #: 4 AMOUNT OF THIS CHANGE $11,387.00 PO#: 106639 Work Order #: . /~~--4~)O-67 CONTRACT AMOUNT: ORIGINAL $ 267,050.00 CURRENT $278,437.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $267,050.00 (LAST TOTAL AMT. REQUIRING .BCC APPROVAL) Date of Last BCC Approval 1/14/03 Agenda Item # 16 E 4 Percentage of the change over/under current contract amount 4.26% Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: U/K CURRENT: U/K SUMMARY OF PROPOSED CHANGE (S: Provide design, specifications and coordination with Owner's consultant, Redesign Tax Collector's office suite. Add vault with CC'IV surveillance for automatic tag storage. Increase general storage areas, delete drivers license examination area and provide shared conference room for building staff. Offices are to have partial y-lam walls harmonioqs with existing building design. JUSTIFICATION FOR CHANGE (S): Tax Collector, Mr. Claude Haynes requested' that BSSW redesign his suite resulting in additional services by BSSW. PARTIES CONTACTED REGARDING THE CHANGE: Skip Camp, Jack Crognale IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Y Proposed change is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAj~ E~ECOI~ENDATIO.: APPROVE: DISAPPR/~ COMME~TS: Date: Date: REVISED 9/9/03 Agenda Item No. 16E3 April 13th, 2004 Page 41 of 47 CONTRACT MODIFICATION CHECK LIST CONSTRUCTION AND CONSULTANT AGREEMENTS CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Rookery Bay Fm and PS Improvements PROJECT#: 73169 BID/RFP #: 01-3290 MOD #: 1 AMOUNT OF THIS CHANGE $ 9,100.00 PO #: 20645 Work Order #: QGM-FT-04-02-01 -A CONTRACT AMOUNT: ORIGINAL $ 10,535.00 CURRENT $ $19,635.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ N/A (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval N/A Agenda Item # Percentage of the change over/under current contract amount 86 % Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: $10,535.00" CURRENT: $19,635.00 SUMMARY OF PROPOSED CHANGE (S): The ori.qinal work order amount is for the feasibility study. work order is for the design of the proiect. This JUSTIFICATION FOR CHANGE (S): The ori,qinal work the possibility of constructin.q the Pr0iect. This work order is to construction plans so the contractor can bid on the proiect. order is to compile a data and study design the proiect and produce the PARTIES CONTACTED REGARDING THE CHANGE: Bill Mullin. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) X X X X X APPROVE: DISAPPROVE: Proposed change is consistent with the scope of the existing agreement Proposed change is in fact an addition or deletion to the existing scope Change is being implemented in a manner consistent with the existing agreement The appropriate parties have been consulted regarding the change Proposed prices, fees and costs set forth in the change are reasonable Date: Date: COMMENTS: Revised 8/22/03 Agenda Item No. 16E3 April 13th, 2004 Page 42 of 47 0 (]~ 0 0 0 0 0 g d£~-. EXECUTIVE SUMMARY REPORT TO THE BOARD OF COUNTY COMMISSIONERS CONCERNING THE SALE AND TRANSFER OF ITEMS ASSOCIATED WITH THE COUNTY SURPLUS AUCTION OF MARCH 13, 2004, RESULTING IN $315,803.00 IN NET REVENUES. OBJECTIVE: To present the results of the recent Collier County property auction to the Board of County Commissioners for ratification, and authorize the sale of one County-owned bobcat skid steer loader at the City of Naples auction. CONSIDERATION: On February 24, 2004 Board of County Commissioners authorized staff to conduct an auction of specified County-owned assets for the purpose of disposing of these items and generating revenues for the County. The March 13, 2004 auction generated $637,990.00 in actual gross revenues and $577,533.80 in net revenues (i.e. revenues less expenses), The auctioneer's commission is $51,039.20. This auction included vehicles and office equipment. The breakdown of gross and net revenues between the Board of County Commissioners, Sheriff's Office, and East Naples Fire is as follows: AGENCY GROSS REVENUES NET REVENUES Board of County Comm. Sheriff's Office East Naples Fire $353,500.00 $315,803.00 $283,190.00 $260,534.80 $ 1,300.00 $ 1,196.00 $637,990.00 $577,533.80 FISCAL IMPACT: Net revenues have been allocated as follows: DEPARTMENT FUND ALLOCATED REVENUES Wastewater 408 $ 37,833.82 Solid Waste 470 $ 26,041.46 EMS 490 $ 27,917.52 Airport Authority 495 $ 3,930.79 General Fund 001 $ 280,535.61 ($220,079.41 )+($51,039.20+ $9,417.00*) (Auction Fee + Storage Rent & Maintenance*) Agenda Item No. 16E4 April 13th, 2004 Page I of 31 MARCH 13, 2004 AUCTION PAGE TWO After the auction was over, the auctioneer informed County staff that the buyer of the bobcat skid steer loader misunderstood what the amount of the purchase price was. The buyer informed the auctioneer that he would not be able to provide the necessary funds to purchase the bobcat skid steer loader, thus the auctioneer allowed the buyer to rescind the purchase agreement. To rectify this sale, the auctioneer stated he would put the item into a forthcoming auction to be conducted on behalf of the City of Naples. The proceeds generated from the sale of the bobcat will be reported to the Board of County Commissioners in a subsequent Executive Summary. The only cost to the County will be the 8% commission fee, pursuant to the terms and conditions of the contract with First Coast Auction & Realty, Inc. In summary, the amount of $9,417.00 is the annual Storage Rent & Maintenance fee due for the storage unit that houses the surplus items throughout the year. The amount of $9,660.00 is the net amount owed to the auctioneer due to two clerical errors that were found, (see Attachment "A"). Tl~e Auctioneers fee is the 8% commission ($51,039.20) based on the gross revenues ($637,990.00) of the entire auction. GROWTH MANAGEMENT IMPACT: This will not affect the Growth Management Impact. RECOMMENDATION: That the Board of County Commissioners accept and ratify the revenues for the Collier County Auction held on March 13, 2004 pursuant to the itemized sales report attached herein (Attachment "E), reimburse First Coast Auction & Realty, Inc. $9,660.00, (See Attachment "A"), and authorize the sale of one County-owned bobcat skid steer loader, asset #900096 at the City of Naples Auction. SUBMI-I-I-ED BY: Sue Hebbe, Purchasing Technician Date: REVIEWED BY: Date: Stephen Y. Carnell Purchasing/General Services Director APPROVED BY: Date: Len Price, Administrator Administrative Services Division Agenda Item No. 16E4 April 13th, 2004 Page 2 of 31 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16E4 County Surplus Auction Results Report To The Board Of County Commissioners Concerning The Sale And Transfer Of Items Associated With The County Surplus Auction Of March 13, 2004, Resulting in $315,803.00 In Net Revenue. 4/13/2004 9:00:00 AM Prepared By Sue Hebbe Administrative Services Purchasing Technician Purchasing Approved By Steve Carnell Administrative Services Purchasing/General Svcs Director Date Purchasing 4/1/2004 1:05 PM Approved By Len Golden Price Administrative Services Administrative Services Administrator Administrative Services Admin. Date 4/2/2004 9:07 AM Approved By Robin Johnson County Manager's Office ManagementJBudget Analyst Office of Management & Budget Date 4/2/2004 3:55 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 41212004 4:14 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 41512004 12:28 PM Agenda Item No. 16E4 April 13th, 2004 Page 3 of 31 ATTACHMENT "A" CLERICAL ERRORS AND SUBSEQUENT CORRECTIVE ACTION 1 .) The auction staff informed county staff, on the day of the auction, that one buyer had a remaining balance of $240.00 that needed to be collected by county staff. After county staff contacted the buyer, it was determined that the buyer did indeed pay the remaining balance to the auctioneer on the day of the auction. Note attached copy of the buyers receipt (Attachment "B") and note the acknowledgement to this clerical error within the letter from the auctioneer (Attachment "C"). Therefore the auctioneer owes the county $240.00. 2.) Check number 8622 was received in error by the auctioneer, county staff, and the bank in the numerical amount of $1,110.00. The correct amount of the check was the written amount of $11,010.00. Upon notification to the bank, the amount deposited into the County's bank account was credited with an additional $9,900.00. Note the attached copy of the check (Attachment "D") and note the acknowledgement to this clerical error within the letter from the auctioneer (Attachment "C"). Therefore the county owes the auctioneer $9,9OO.0O. As a result of the corrective action taken with the above referenced clerical errors, Collier County owes First Coast Auction & Realty, Inc. $9,660.00. Agenda Item No. 16E4 April 13th, 2004 Page 4 of 31 ATTACHMENT "B" Invoice Buyer: 647 Ite~ P.O BOX 7878 au286 ab150 JACKSONVILLE, FLORIDA ~8 904-772-0110 Pax: 904-777-83B7 MCQUAIG ESTATE 5-29-01 MARIA 2611 44TH TERER NAPLES FL 3~116-9076 Description Invoice: Page: Total Visit u~ on SALES TAX: the 29 97 FORD F150 4X4 1FTDF18W3VNC87178 ~HITE 970049 124173 Items: TITLE ONLY ADMIN & NOTARY ~eb: :~,~. first coastauct i on. co.~ 1 4,500. 00 1 Amount: 4,500.00 29.75 40.25 Tax: 270.00 Total: 4,~ 770.00 Other: 70.00 Due: 4,840.00 Cash: 4,840.00 Agenda Item No. 16E4 April 13th, 2004 Page 5 of 31 ATTACHMElgT "B" In v o i r_,e: Invoice Buy er: 647 Item FIRST COAST AUCTION & REALTY, INC P 0 BOX 7878 au286 ab150 JACKSONVILLE, FLORIDA 32238 904-772-0110 Fax: 904-777-838? COLLIER COUNTY SURPLUS 3-13-04 MARIA PEREZ . Page: 2611 44TH TERER SW NAPLES FL 34116-9076 Description P~ice Qty Total 29 97 FORD F 150 4X4 1 4,550.00 IFTDF18W3VN£8'Z178 WHI]E 124173 970049 ' It ems: 1 A~.ount: 4,500.00 TITLE ONLY ADMIN & NO"[ARY DEPOS I T 29. '7.5 40.~='z'~, Tax: 270.00 Total: 4,770.00 Other: -4, 5~0.00 Due: 240.00 ***** THIS IS NOT AN INVOICE ***** Agenda Item No. 16E4 April 13th, 2004 Page 6 of 31 P.O. Box 7878 "5562-2 T'~muquana Roa:l * Jacksonville, Florida 32;238 ww~v.fiz~tcoastauctton, com ATTACHMENT "C" 3301 F_a.~ T~ T~ Naple~ k'lezid~ 33~- 195,9'39_50 Totel ~ceived -- - Agenda Item No. 16E4 PH. 904/772-0110 -. TOLL. ~.. 1-800-519-6402 ' FAX 904/777-~l~al(,3eth~ of 200431 A~F~ACHMENT "D" ATTACHMENT "D" ~-E9-~4 15:31 FR~: T0:941~ P.I'1 By: 15T NATL BANK I I I iLL m; ,, I __~ I_ i mi Agenda Item No. 16E4 April 13th, 2004 Page 9 of 31 Settlement summary SN Name ATTACHMENT "E" FIRST COAST AUi:TION & ~ERLT¥, INC P 0 BOX 7878 au286 ab150 JACKSONVILLE, FLOR]DA 32238 904-'772-0110 Fax: 904-77'7-838'7 COLLIER COUNTY SURPLUS 3-13-04 Sales Comm(~) Comm(2) Fees page Net 1 STEVE CARNE[L 2 MIKE RICE 3 ROB POTTEIGR 4 PROPERTY APPRAIS 349200.00 27936.00 283190.00 22655.20 1300.00 10~.00 4300.00 344.00 32126e.00 260534.~o 1196.0o 3956.00 Totals: 637990.00 51039.20 0.00 0.00 Agenda Item No. 16E4 April 13th, 2004 Page 10 of 31 Settlement Seller: Item FIRST I:OAST AUCTION & kEALTY, INC P 0 BOX 7878 au286 abi50 JACKSONVILLE, FLORIDA 32238 904-772-0110 Fax: 904-77?-8387 COLLIER COUN'fY SURPLUS 3-13-04 STEVE CARNELL 941.-774-8425 COLLIER COUNTY BOCC - 3301E TAMIAMI TRL NAP'LES FL 34112 Desc~-ipt i on P'rice Qty Page-: Total jl j3 4 ~ 6 ~8 j9 10 .14 91 CHEV S-10 BLAZER 4X4 IGNCT18Z2M8222714 WHITE ~XEMPT 910022 95 CHEV BLAZER 1ONCS13W6SK208640 WHITE 052696 950027 99 RORD F150 1FTRF17L4XNB14558 SILVER 090672 99005~ 95 CHEV S10 1GC£S14Z9SK260538 WHILE 097350 960002 ~7 FORD F150 lFTDF172'?VND401~6 WHI~-E 091324 970064 93 CHEV S-10 B!A?ER 4X4 IGNCT18W5PO141327 WHI~E EXEMPT 930033 96 FORD F150 1FTEF15Y3TLB10553 WHILE 85065 9600~' 95 JEEP CHEROKE~ 4×4 1J4FJ28SSSL615433 WHITE 078767 950025 2001 FORD F~50 EXT 4X4 1FTNX~lLO1EB39460 WHITE 121~22 20010009 95 FORD CROWN VIC 2FALP73W1SX141316 SILVER 090945 950016 94 ~ORD RANGER EXT 4X4 1FTDR15X4RTA43304 WHITE EXEMPT 940016 2000 FORD RANGER EXT 4X4 1RTZR15V1YTA35356 WHITE 120609 2~00022' 96 FORD RANGER EXT 4X4 IFTCR15U7TPAS1725 WHI'~E 088351 960056 1 700.00 1 1,900.00 1 2,600.00 ~ 1 4,200.0~ 1 1, 40U~. 0'~ 1 4,400.00 t 4,500.00 1 8, 9~0.00 1 2, 00~. 00 1 3,200.00 1 6, 300. 1 3,500.00 Agenda Item No. 16E4 April 13th, 2004 Page 11 of 31 FIRST CO~T AUCTION & ~ALTY, P 0 BOX '7878 au286 ab150 JACKSONVILLE, FLORIDA 32238 904-772-0110 Fax: 904-777-8387 COLLIER COUNTY SURPLUS 3-13-04 Settlement Seller: STEVE CARNELL COLLIER COUNTY BOCC 3301 E TAMIAMI TRL NAPLES FL 34112 Item Description 941-774-8425 Price Qty Total j'15 16 fl7 %.. · 24 ~25 97 FORD TAURUS 1FAFP~,~]7VA~7497~ WHITE 09~299 970067 2000 FORD E250 CARGO VAN W/CAGES 1FTNS24LXYHA49090 WHITE 102600 20000054 98 ~ORD RANGER EXT 4X4 IFTZR15UgWPAI6616 WHILE 115027 980001 ~9 FORD F250 EXT 1FTNX20L8XEE06015 WHITE 116598 990067 2000 FORD RANGER EXT 4X4 IFTZR15V6YTA40746 WHITE 120008 20000025 94 FORD BRONCO 4X4 IFMEU15N3RLA76680 WHITE EXEMPT 940021 95 FORD ~350 CREW CAB 1FTJW35H1SEA241~3 WHITE 078606 950013 95 FORD F15~ 1FTEFI5NTSNA50043~WHITE 69320 950001 97 FORD E250 CARGO VAN 1FTFE2420VHA75180 WHITE 124261 970008 ~ 95 CHEV LUMINA 2G1WL52M9S9211794 WHITE 078085 95001~ 2000 FORD EXPEDITION 4X4 IFMPU16L3YLA75520 WHILE 160187 20000028 93 CHEV LUMINA 2G1WL54TTPl147538 WHITE EXEMPT 930055 2000 FORD EXPEDITION 4X4 1FMPU16L5YLA75521 WHITE 161097 20000~29 1 1,900.00 1 6,000.00 1 4,000.00 1 7,300.00 1 7,700.0~ o~ 00 1 3, ~0. 1 7,100.00 1 3,750.00 I 4,500.00 1 1,300.00 1 10, 5~Z~0.00 1 1,000.0~ 1 11,000.00 Agenda Item No. 16E4 April 13th, 2004 Page 12 of 31 Settlement Seiler: Ite~ ~IRBT i:OAST AUCTION & NEALTY, INC P 0 BOX 7878 au286 ab150 JACKSONVILLE, FLORIDA 35238 904-772-0110 Fax: 904-7'?7-8387 COLLIER COUNTY SURPLUS 3-13o-04 STEVE CARNELL COLLIER COUNTY BOCC 3301 E TAMIAMI TRL NAPLES FL 34112 941-774-~425 Description Price Qty Page: Total 3 ~ 28 ~ 29 - 30 .31 --33 · ' 34 -- 35 .~ 36 ~- 37 ~ 39 --- 40 ~4] 98 FORD RANGER UTIL 1FTYR10UOWUB10890 WHILE 089078 980020 97 FORD F150 4×4 1FTDF18W3VNC87178 WHITE 124173 970049 2000 FORD RANGER EXI' 4X4 1FTZR15VSYTA35354 WHITE 105638 2000021 96 CHEV ASTRO 1GNDMIgWXTB168148 WHITE 084722 960113 98 FORD E250 CARGO VAN 1FTPE2422WHA52604 WHI]'E 092684 980009 96 FORD F250 W/LIFTGATE 2FTEF25YXTCA34992 WHI~E 062246 960045 95 CHEV 020 CARGO VAN l~CEG25Z2SF235617 WHITE 128346 960004 96 FORD E250 CARGO VAN IF~FE24Y3THA58~66 WHITE 90534 960028 ~9 FORD F350 4X4 DIESEL 1FTWF33FS×EC75340 WHITE 093293 990010 98 GMC 3500 EXT UTIL 1GTHC39J4WF033631 WHITE 0?9767 980042 97 FORD F350 UTI[. 1FDJX35G2VEAS1869 WHITE 104153 970015 97 FORD EXPLORER 4X4 l~MDU34E1VUC52882 WHITE 076789 970046 KAWASAKI MULE 980261 GRAVELY MOWER 1 4, 90~.~. 00 1 4,500.00 1 7,500.00 1 3, 50~. 00 i 6,800.00 1 4, 100.00 1 3,300.00 1 5,600.00 14,800.00 10,750.00 9,500.00 1 7,000.00 1 2, 3~-~0.00 1 700.00 Agenda Item No. 16E4 April 13th, 2004 Page 13 of 31 Settlement Seller: I Item ~IRST {:OAST AUCTION & REP~_TY, INC P 0 BOX 7878 au286 ab150 JACKSONVILLE, FLORIDA 32238 904-772-0110 Fax: 904-7'77-8387 COLLIER COUNTY SURPLUS 3-13-04 STEVE CARMELL COLLIER COUNTY BOCC 3301 E TAMIAMI TRL NAPLES FL 34112 Descript ion 941-774-8425 Page: Price Qty Total 4 '458 45 45A 47 -~49 ~50 ,~51 52 · ~. 55 56 ~ 57 58 ~' 59 -~60 100 ~102 104 HAULMAS~ER 4X4 Q2D0722 SARLO MOWER JACOBSON MOWER PUSH MOWERS, EDGER, GENERATOR EX-MARK MOWER 3 SP~EADER~ JOHN DEERE AMT 626 ~006~6X012000 930075 JACOBSON TURFCAT 960090 EZ GO GXT 804 A31890 940693 HAULMASTER 4X4 Q2D0755 970121 EX-MARK MOWER 990171 LANDPRIDE MOWER DECK 172336 970114 SPRAYER SPRAYER OIL TANKS & STANDS TRACTOR BUSH HIOG JOHN DEERE ALTERNATOR ALTERNATOR TIRE-CHANGer 90 BOBCAT SKID LOADER 503734504 900096 95 CHEV C~500 UTIL W/CRANE 1GBJC34K1SE~720~8 WHITE 960023 92 CH~V C2500 UTIL iGBGC24K3NE232751 WHI~E 920018 95 THOMAS 16 PASS BUS 1HVBDABKXSH664404 WHITE 990085 EXEMPT 1917;~7 Not sold 1 400.00 1 70.00 1 750.00 1 15~.00 1 2,000.00 1 10.00 1 550.00 1 2,000. 1 100.00 1 100.00 1 1,500.00 1 300.00 1 25.00 1 150.00 1 50.00 1 3,000.00 1 350.00 1 900.00 1 50.00 1 50.00 1 325.00 1 5, 10~. 00 1 2,500.00 1 2,800.00 Agenda Item No. 16E4 April 13th, 2004 Page 14 of 31 Settlement Seller: Item FIRST (:OAST At~:TION & ~ALTY, INC P 0 BOX 7878 au286 ab150 JACKSONVILLE, FLORIDA 32238 904-7'72-0110 Fa×: 904-777-8387 COLLIER COUNTY SURPLUS 3-13-04 STEVE CARNELL COLLIER COUNTY BOCC 3301 E TAMIAMI TRL NAPLES FL 34112 941-774-8425 Descript ion Price Qty Page: Total 5 105 ~ 106 108 · 109 110 ~111 ~-113 '115 -116 · 117 118 ~'~ 19 · 120 ~121 -~' 600 93 ~ORD F350 CREW CAB 2FTJW35H3PCB19277 WHITE EXEMPT 020094 95 FORD ~800 FB DUMP 1FDXF80C9SVA43873 WHITE 131626 020092 96 ATHEY STREET SWEEPER IA9Y24DRSTR059143 WHITE 970101 90 INTL 4900 WATER TRUCK 1HTSDTVN2LH254689 WHITE EXEMPT 900001 95 INTL 4700 FB DUMP 1HTSCABM4SH641990 WHITE 940056 94 INTL 4700 FB DUMP 1HTSCABM4SH641987 WHIl~E EXEMPT 940058 97 SUPREME 16 PASS BUS IFDLE4~F5THB62086 WHITE 2~6763 990094 97 FORD 16 PASS BUS 1FDLE40F6VHB~8716 WHITE 268684 990082 82 FORD 48 PASS BUS DXJ74N2CVA54462 EXEMPT 020126 86 LITTLE GIANT 48 LG488616 86763 95 FREIGHTLINER AMBULANCE 1FV3GFBC3SL611701 WHITE 218923 950031 89 CONVERTO SLUDGE TRAILER 39742 910080 89 CONVERTO SLUDGE TRAILER 39741 910081 95 INTL 2674 ROLLOFF 1HTGLAHTSSH665682 WHITE 136572 950018 82 FORD 48 PASS BUS OXJ74N8CVA24060 EXEMPT 820091 TABL~ Q~ P~INTERS 304,~8,3~,3~,301,303,607,~0 2 1 2,300.00 1 13,5~0.00 1 8,500.00 1 9,700.0-~ 14,000.00 14,000.00 1 1,950.00 1 1,600.00 1 850.00 I 8,500.00 1 9,750.00 1 4,000.00 1 4,0~.00 1. 27,000.00 1 500.00 1 5.00 Agenda Item No. 16E4 April 13th, 2004 Page 15 of 31 FIRST COAST AUCTION & REALTY, INC P 0 BOX '7878 au286 ab150 JACKSONVILLE, FLORIDA 32238 -904-772-0110 Fax: 904-777-8387 COLLIER COUNTY SURPLUS 3-13-04 Settlement Seller: SCEVE CARNELL COLLIER COUNTY BOCC 3301 E TAMIAMI TRL NAPLES FL 34112 941-774-8425 Page: Item Descript ion ..... 601 5 TYPEWRITERS AND PRINTERS -~' 602 MOISTURE T~S'rER 6!0 ~'603 OVERHEAD PROJECTOR 709 604 CAMERA Sold with 618 605 SCALES Sold with 620 606 EYE MACHI N~ Sold 621 607 EYE MACHINE Sold with 619 -~608 TABLE OF MONITORS 2~8, 2~8, 216, 229, 224, ;239,603, 23 6,219,218 ~609 TABLE OF MONITORS 237,225,215,235,226,230,234, 20 ~, 231 · 610 TABLE OF ~ONITORS '~ 223, 2~20, 2~2, 214, 206, 2~8,213, 23 3, 217, (2) 611 TABLE OF MONITORS 695,221,222,240,201,207,204 ' 612 2 DESKS, WHITE · ~13 DESK, BROWN TOP 614 CREDENZA 900 615 Hp SCANNER 700 ~ 616 BOX KEYBOARDS 617 BOX CORDS 618 BOX C~LL PHONES 628 619 ;-'HONE A,i:CESSORIES Sold ~:ith 624 620 BOX CELL MISC. Sold 629 Price Qty 1 t i Total 30.00 10.00 50.00 1 70.00 item 60S itee 60~ i~em 60~ item 60~ 1 25.00 1 35.00 1 40.00 1 5.00 1 10.00 1 10.00 1 50.00 1 35.00 1 5.00 I 12.50 1 130.0~ item 618 item 61~ Agenda Item No. 16E4 April 13th, 2004 Page 16 of 31 6 Settlement Seller.: Item FIRST COAST AUCTION & kEALTY, INC P 0 BOX 7878 au286 ab150 JACKSONVILLE, FLORIDA 3~238 904-772-0110 Fax: 904-'777-8387 COLLIER COUNTY SURPLUS 3-13-04 STEVE CARHELL COLLIER COUNTY BOCC 3~0I E TAMIAMI TRL NAPLES FL 34112 9~1-7'74-8425 Page: Description Price Qty Total 621 622 623 650 65I 652 653 654 BOX SOFTWARE Sold with item 622 TABLE TOP MISC.. I 75~00 612,613,623,602,622,616 2 CHAIRS 1 40.00 912 IMIAGING MAC AIL 3 1 15.00 MICROFISCH 1 10.00 707 SERVER 1 30.00 FLOOR SCRUBBER 1 375.00 708 PRINTER SILENCER 1 2.50 NO NUMBER Items: 110 Amount: 349,200.00 Commission at 8.000% 27, 9J~6. ~0 Less adjusteent s: -27,936. 0~_~ Net due to seller: 321,264~00 Thank you for choosing First Coast Auction & Realty, Inc. It's been our pleasure serving you. Should any questions arise please don't hesitate to call. Agenda Item No. 16E4 April 13th, 2004 Page 17 of 31 Settlement Sel le~-: 4 FIRST i~OAST AUCTION & kEALTY, INC P 0 BOX 7878 au286 ab150 JACKSONVILLE, FLORIDA 322'3~ 904-772-0110 Fax: 904-77'7-8387 COLLIER COUNT'¢ SURPLUS 3-13-04 Page: Item Description Pr i ce Qt y Total 5 95 JEEP CHEROKEE 1J4F68SL518286 WHITE 054623 940065 Commission at 1 4,300.00 8.000% Items: 1 Amount: 4, 30~B. 00 344.00 Less adjustments: Net due to seller: -344.00 3,956.00 Thank you for choosing First Coast Auction & Realty, Inc. It's been our pleasure serving you. Should any questions arise please don't hesitate to call. Agenda Item No. 16E4 Apdl 13th, 2004 Sett lemen~ Seller': 2 Item FIRST COAST AUC]ION & REALTY, INC P 0 BOX 7878 au286 ab150 ,~JACKSONVILLE, FLORIDA 32238 904-772-0110 Fax: 904-7'77-8387 COLLIER COUNTY SURPLUS 3-13-0~ MIKE RICE ' 941-793-9330 Page: COLLIER COUNTY SHERIFF 3~01~ E TAMIAMI TRAIL .~'- ~ NAPLES F[ 34112 Description Price Q~y Total 200 201 203 204 205 207 208 209 210 211 212 98 FORD CROWN VIC 2FAFP71WSWXl19691 WHITE 119713 NOT ACTLIAL 862 94 FORD TAURUS 1FALP52U4RA284381 WHITE EXEMPT 410 ~ 97 FORD CROWN VIC 2FALP71WOVXl13904 WHI~E 110634 715 '~ 95 JEEP C~EROKEE 1J4F'T6~SSSL570985 GREEN 0976~3 561 97 FORD CROWN VIC 2FALP'7IWgVX113898 WHIi'E 109115 709 94 FORD CROWN VIC 2FALPT1W4RXI77322 WHILE EXEMPT 454 95 FORD CROWN VIC 2FALP71W4SX152068 WHILE 107004 572 97 FORD CROWN VIC 2FALP71W6VXl13891 WHIFE i261Z4 773 96 FORD CROWN VIC 2FALP?1W2TX197916 WHITE 121865 653 95 CHRYSLER ~IRRUS 1C3J56H2SN514813 SILVER 8~024 700 98 FORD CROWN VIC 2FAFP71WSWX120362 WHILE 111534 NOT ACTUAL 856 96 FORD TAURUS 1FALP52U81A288330 WHITE 067949 1604 94 FORD TEMPO 1FAPP36X7RK244347 WHi~E EXEMPT 403 1 2,750.00 1 1, 100.00 1 1,400.00 1 1,500.00 1 1,500.00 1 1, t 00~ 00 1 1,200.00 1 1,300.00 I 1,500.00 1 2,000.00 I 3,300.00 1 ~,° 100.0~- 1 900.00 Agenda Item No. 16E4 April 13th, 2004 Page 19 of 31 Settlement Seller: 2 Item FIRST CO~T AUCTION & RE~_TY, INC P 0 BOX 7878 au286 ab150 JACKSONVILLE, FLORIDA 32238 .904-772-0110 Fax: 904-777-8387 COLLIER COUNTY SURPLUS 3-13-04 MIKE RICE COLLIER COUNTY SHERIFF 3201 E TAMIAMI TRAIL NAPLES FL 34112 941-793-9330 Descript ion Price Qty Page: ] oral 214 215 216 217 218 219 220 223 224 225 96 FORD TAURUS 1FALP52U6TA228403 WHITE 109752 681 95 FORD TAURUS 1FALP52U~SA~37199 WHI]'E 0652~3 549 95 FORD TAURUS 1FALP5247SA~O1791 WHITE 063025 559 94 FORD TAURUS 1FALP52USRA172179 WHITE EXEMPT 96 FORD TAURUS 1FALP52UgTA214947 RED 095046 671 96 FORD CROWN VIC 2FALP71W3TX1507~2 WHI'~E 095327 631 94 FORD TAURUS 1FALP52U~RA15~647 WHITE EXEMPT 415 96 FORD CONTOUR 2FALP6538TK164462 RED 068997 747 98 FORD CROWN VIC 2FAFP71WS~Xl19695 WHILE 115924 822 93 FORD TAURUS 1FALP52U7PA23283'Z~WHITE EXEMPT 375 96 CHEV LUMINA 2G1WL52.~4T9216239 ~URGUNDY 106851 ~18 95 FORD TAURUS 1FALP52U9SA273219 WHITE 087567 563 96 FORD CROWN VIC 2FALPT1W3TX151785 WHITE 094947 654 1 1,700.00 1 1,200.00 1 1,000.00 1 2,10~.00 1 1,300.00 1 1,100.00 1 1,600.00 1 2,500.00 I 1,30~Z~. 00 1 1, 150. 1 1, 10'Z~. 00 1 1,400.00 Agenda Item No. 1'6E4 April 13th, 2004 Page 20 of 31 Settiement Seller: Item ~IRST COAST AUCTION & REALTY, P 0 BOX 7878 au2~6 ab150 JACKSONVILLE, FLORIDA 32238 904-772-0110 Fax: 904-777-838? COLLIER COUNTY SURPLUS 3-13-04 MIKE RICE COLLIER COUNTY SHERIFF 3301 E TAMIAMI TRAIL NAPLES FL 34112 Description 941-793-9~0 Price Oty Page: Total 226 227 228 ~229 231 232 233 · ~ 234 235 236 237 97 FORD TAURUS 1FALP52U4VA108800 GREEN 072978 1865 97 FORD CROWN VIC 2FALPT1W1V×ll~894 WHITE 111785 705 93 FORD RANGER EX~ 1FTCR14ASPPB42308 WHITE EXEMPT 1304 97 FORD CROWN VIC 2FALP71Wgvx144598 ~HI*~E 1~68~6 778 97 FORD CROWN VIC 2FALPT1W7VX187112 WHITE 119546 852 96 FORD TAURUS 1FALP52UTTA296998 ~HI'IE 07~004 688 94 F~RD CROWN VIC 2FALP71~0RXI77348 WHI'IE EXEMPT 452 96 FORD TAURUS 1FALP52U2TA311102 TAN 094213 880 94 FORD CROWN VIC 2FALP71W6RX177~54 WHITE EXEMPT 470 98 FORD E250 VAN 1FTNS24L3WHA48506 WHITE t~2~87 812 96 MERCURY MYSTIC 3MELM653XTM607000 WH!'I'E 074~29 1856 97 FORD CROWN VIC 2FALP71W3VX144595 WHITE 105064 790 94 FORD TAURUS 1FALP5242RA16231~ WH!TE EXEMPT 425 1 2,600.00 I 1,500.00 1 1,550.00 400.00 1 1,400.00 1 1,650.00 1 700.00 1 1,350.00 1 1, 100.00 1 5,300.00 1 1,8~_0.00 I 1,600.00 1 1,000.00 Agenda Item No. 16E4 April 13th, 2004 Page 21 of 31 Settlement Seller: FIRST ~OAST ~CTION & REALTY, P 0 BOX 78'?8 au2~6 ab150 'JACKSONVILLE, FLORIDA 32238 904-772-0110 Fax: 904-7'?7-8387 COLLIER COUNTY SURPLUS 3-13-04 MIKE RICE COLLIER COUNTY SHERIFF 3301 E TAMIAMI TRAIL NAPLES FL 34112 Item Description 239 95 FORD TAURUS 1FALP52U1SA151678 WHITE 090164 552 240 92 FORD FI~O 2FTD~15YXCA67189 ~HI~E EXEMPT 295 241 96 FORD RANGER 1FTCR10AOTUC469~2 WHI~E 087053 776 ~242 96 FORD TAURUS 1FALP52UgTA296999 WHILE 0~0901 689 243 97 FORD CROWN VIC 2FALP71WSVXl13892 WHITE 116723 703 244 99 FORD CROWN VIC 2FAFPT1W3XXI42698 WHITE 114579 910 ~ 245 95 FORD CROWN VIC 2FALP71WOSX199582 WHITE 132376 612 / 246 95 FORD CROWN VIC 2FALP71W6SX162603 WHILE 119253 545 247 93 FORD TAURUS 1FALP52USPA182062 WHITE EXEMPT 315 248 97 FORD CROWN VIC 2FALP71W3VX187110 WHITE 117906 ~' 872 249 94 FORD TAURUS 1FALP52UIRA1962~8 WHITE EXEMPT 420 250 98 FORD CROWN VIC 2FAFP71WOWXl19703 WHITE 128058 825 251 96 ~'EYMOUTH VOYAGER 2P4FP25~8TR625411 ~LOE 5~579 1879 941-793-9~30 Page: Price Qt y Total 1 2,500.00 1 2,400.00 1 1,400.00 1 1,700.00 1 2, 8'D0.00 1 i, 200.00 1 I, 200.00 1 900. I 3,200. OL~ Agenda Item No. 16E4 April 13th, 2004 Page 22 of 31 4 Settlement Seller: 2 Item FIRSI CI-~4ST AU~IlON &REALLY, INC P 0 BOX 7878 au286 abt50 JACKSONVILLE, FLORIDA 32238 904-772-0110 Fax: 904-777-838'7 COLLIER COUN1Y SURPLUS 3-!3-84 MIKE RICE COLLIER COUNTY SHERIFF 3301E TAMIAMI TRAIL NAPLES FL 34112 941-793-9330 Description Price Qty Page: Total 5 252 ~'253 ~/254 255 256 25'7 258 259 261 262 2_63 264 97 FORD CROWN VIC 2FALP71W9VX187113 WHILE 124976 851 94 FORD TAURUS IFALP52U9RA226587 WHITE EXEMPT 414 95 FORD TAURUS iFALP52U2SA281470 WHITE 078481 542 96 FORD TAURUS 1FALP52U3TA137587 RED 095231 1661~ 96 FORD ]AURUS 1FALP52UOTA228414 GREEN 090115 94 FORD TEMPO 1FAAP36X9RK176946 BEIGE EXEMPT 498 97 FORD CONTOUR 2FALP6538VK145254 GREY 090494 748 98 FORD CROWN VIC ~ 2FAFP?lWXWXl19725 WHITE 120419 NOT ACTUAL 860 95 FORD TAURUS 1FALP52U2SA134338 WHI'~'E 072171 562 98 MERCURY MYSTIC 1MEFM6534WK644505 BLUE ~2230 1862 94 FORD TAURUS 1FALP5248RA179746 WHITE EXEMPT 412 96 FORD CROWN VIC 2FALP71W2TX165600 WHITE 093406 763 96 MERCURY MYSTIC 3MELM65~OTM612917 WHITE 072481 1857 1 1,400. 00 1 1,000.00 1 1,000.00 1 2, 20~. 00 2,100.00 1 800.00 1 1,500.00 1 2,800.00 1 1, 100.00 I 2, 100.00 1 1,000.00 1 1,600.00 1 1,500.00 Agenda Item No. 16E4 April 13th, 2004 Page 23 of 31 Settlement Seller: 2 Item 'FIRST [;OAST ~TION & NEALTY, INC P 0 BOX 7878 au2~6 ab150 JACKSONVILLE, FLORIDA 32238 904-772-0110 Fax: 904-777-8387 COLLIER COUNTY SURPLUS 3-13-04 MIKE RICE COLLIER COUNTY SHERIFF 3501 E TAMIAMI TRAIL NAPLES FL 34112 941-793-9~0 Description Pr-ice Qty Page: ]oral 265 266 267 268 269 " 270 271 272 273 274 275 276 277 95 FORD 1AURUS IFALP5240SG216548 WHI'I-E 0~5344 511 95 FORD TAURUS 1F'ALP52UXSA100941 WHI'~E 09~5~3 510 99 FORD CROWN VIC 2FAFP71WSXX142699 WHI'iE 10239~ 913 95 FORD TAURUS iFALP52USSA102127 ~!HI'TE 0796?7 557 93 BUICK PARK AVE IG4CW53L4P1605752 SILVER EXEMPT 368 95 FORD CROWN VIC 2FALP71W1SX199574 ~HITE 118494 620 96 FORD CROWN VIC 2FALP71W3TX150703 WHITE 111104 664 96 FORD CROWN VIC 2FALP71W1TX197924 WHI~E 101315 652 94 FORD TAURUS 1FALP52U6RA159141 WHITE EXEMPT 411 92 FORD CROWN VIC - NON O? 1FALP?lW1NX200~6 WHIT'E EXEMPT 260 98 FORD CROWN VIC 2FAFP71W~WXI20392 WHI'~'E 114412 NOT ACTUAL 861 95 FORD CROWN VIC - NON OP 2FALPT1W6SX152069 WHITE 111678 582 93 CHEV CAVALIER - NON 1G1JC1445P7149108 WHITE EXEMPT 310 I 1,000.00 1 1~100.00 I 3,400. 00 1 1,0~-~0.00 1 2, 100. 1 1,700.00 1 1,600.00 I 650.00 i 350.00 i 2,000.00 1 1,000.00 1 350.00' Agenda Item No. 16E4 April 13th, 2004 Page 24 of 31 Settlement Seller: 2 Item ~IRST CDAST AUC]ION & REALTY, INC P 0 BOX 7878 au286 ab150 JACKSONVILLE~ FLORIDA 32238 904-772-0110 Fax: 904-777-8387 COLLIER COUNTY SURPLUS 3-13-04 MIKE RICE COLLIER COUNTY SHERIFF 3301E TAMIAMI TRAIL NAPLES Fi 34112 941-793-93~0 Description Price Qty Page: Total 278 279 280 281 282 283 284 285 286 287 288 289 290 97 FORD CROWN VIC - NON OP 2FALP?lWSVXl13896 WHITE 07~854 707 94 CHEV ASTRO - NON OP 1GNDN15Z4RB212699 BLUE EXEMPT 429 94 FORD TAURUS - NON OP 1FALP5244RA169165 WHI'I'E EXEMPT 421 98 FORD F150 4X4 - NON OP 1FTZF182XWNA52569 WHITE 206753 804 95 FORD TAURUS 1FALP52U3SA255217 WHI~¥E 0~62~6 514 95 FORD CROWN VIC l~ALP71W9SX199564 ~HI]E 103564 622 99 MERCURY MYSTIC 1MEFM6530XK60~536 BLUE 098156 NO]' ACTUAL 1901 96 FORD CROWN VIC~ 2FALP71W8TX197922~)HITE 115489 656 99 FORD CROWN VIC 2FAF~71W7XXI427~5 WHI]E 116805 917 95 FORD TAURUS 1FALP5240SA216732 WHITE 102685 528 96 FORD CROWN VIC 2FALPT1W2TX157142 WHITE 114441 609 98 FORD CONTOUR 1FAFP6636WK191128 GREEN 058879 1820 93 FORD AEROSTAR 1FMCAllU2PZC48706 WHITE EXEMPT 70 1 1,400.00 t 1,100.00 1 300.00 1 3, 100.00 1 850.00 1 1,70~B. 00 1 1,800.00 1 1,200.00 1 3, 40~. 00 1 1, 100.00 1 1,400.00 1 1, 100.00 ! 900.00 Agenda Item No. 16E4 April 13th, 2004 Page 25 of 31 Settlement Seller: 2 item ~IRST P-~]AST AU[:TION & REALTY, 1NC P 0 BOX 7878 au286 ab150 JACKSONVILLE, FLORIDA 32238 .904-772-0110 Fax: 904-777-8387 COLLIE R COUNTY SURPLUS 3-13-04 MIKE RICE 941-793-9~0 COLLIER COUNTY SHERIFF 3301 E TAMIAMI TRAIL NAPLES FL 34112 Description Price Page: Total 8 291 292 293 294 295 296 297 298 299 300 301 302 303 96 FORD TAURUS 1FALP52U3TA214880 GREEN 084631 724 95 FORD TAURUS 1FALP5249SA216728 WHI~E 060921 525 96 FORD TAURUS 1FALP52U1TA108010 WHI~'E 0~2~8 755 96 FORD TAURUS - NON 0~' 1FALP52U8TA291633 WHI~E 0659~5 1600~ 95 FORD TAURUS 1FALP52U~SA305271 WHITE 059468 555 97 FORD ]AURUS 1FALP52U3VAl16144 WHITE 104962 1755 98 FORD CROWN VIC 2FAFP71W7WX120380 WHITE 098487 866 97 FORD CROWN VIC 2FALP71W4VXl~53~8 WHITE 106602 869 96 FORD TAURUS 1FALP52UXTA154113 GRAY 093737 794 99 FORD CROWN VIC 2FAFP71WSXX142685 WHI~E 12008I 909 95 FORD TAURUS IFALP52U~SAI41773 WHITE 0947~3 532 95 FORD TAURUS 1FALP5249SA307269 WHITE 089721 554 96 ~ORD TAURUS 1FALP52U6TA319784 WHITE 096384 745 1 2, 0~0.00 1 850.00 1 1,600.00 1 600.0~_~ t 1,600.00 1 1,700.00 1 2,700.00 i 1,900.00 1 2,200.00 1 3,650.00 1 650.00 i 650.00 1 1,650.0~ Agenda Item No. 16E4 April 13th, 2004 Page 26 of 31 Settlement Geller: Item FIRST CE~ST f~UCTION & REALTY, P 0 BOX 7878 aot~Sb ab150 JACKSONVILLE, FLORIDA 3223B 904-772-0110 Fax: 904-777-83B7 COLLIER COUNTY SURPLUS 3--13-04 MIKE RICE COLLIER COUNTY SHERIFF 3501 E TAMIAMI TRAIL NAPLES FL. 34112 941-793-9330 Descri pt ion P~-~ i ce Qt y Page: Total 9 304 305 306 307 308 309 310 311 312 ~314 315 3~6 93 ~ORD AEROSTAR 1FMCAllU~PZC48715 GREEN EXEMPT 1305 93 FORD RANGER EXT 1FTCR14ATPPB44~52 GREEN EXEMPT 68 96 DODGE RAM 1500 EXT 3BTHF13Y?TG127918 WHITE 103344 608 96 FORD TAURUS 1FALP52U3TA228391 WHITE 096050 677 89 FORD E350 CARGO VAN 1FTJE34H2KHC32854 WHITE EXEMPT 949 99 FORD E350 VAN 1FTSS34L8XHAS~734 WHITE 175296 941 99 FORD F250 4X4 1FTNX21L4XE~14434 WHITE 1140~2 950 94 CHEV BLAZER 4X~. 1GNEK18K3RJ443477 ~ARK BLUE EXEMPT 4~6 94 FORD EXPLORER 4X4 1FMDU34XORUD34609 WHILE EXEMPT 480 95 FORD RANGER 1FTCRIOATSTA41258 WHITE 096569 590 97 FORD CROWN VIC 2FALP71W8VX144592 WHITE 121453 786 96 FORD TAURUS 1FALP52U6TG3180~2 WHI~'E 095078 881 94 FORD RANGER 1FTCR10ASRUE73250 WHITE E×EMPT 492 1 1,500.0~ 1 2, 100.00 1 4,700.00 I 1,700.00 1 2,400.00 I 5,900. 00 000. 1 2,900.00 2,900.00 1 2,200.00 1 1,600.0~ 1 2,300.00 1 3,100.00' Agenda Item No. 16E4 April 13th, 2004 Page 27 of 31 Settlement Seller: 2 FIRST C[~ST AU(:TION & REALTY, INC P 0 BOX 7878 au286 ab150 JACKSONVILLE, FLORIDA 32238 904-772-0110 Fax: 904-777-8387 COLLIER COUNTY SURPLUS 3-13-04 MIKE RICE COLLIER COUNTY SHERIFF 3301 E TAMIAMI TRAIL. NAPLES FL 34112 941-793-9350 Item Description Price Qty P~ge: Total 10 317 318 319 320 321 322 323 324 325 326 327 328 329 93 FORD F~50 4X4 ; 1FTEF14NOPLA12741~WHITE EXEMPT 311 98 FORD CROWN VIC 2FAFP71W9WXl19831 ~HITE 120468 NOT AC1LIAL. 874 98 FORD CROWN VIC 2FAFPT1W2WXl19752 WHI'IE 118457 NOT ACTUAL 839 95 FORD CROWN VIC 2FALPT1Wgsx152065 WHILE 109932 584 98 FORD CROWN VIC 2FAFP71W6WXlI97~5 WHILE 11~62 NOT ACTUAL 835 98 FORD CROWN VIC 2FAFP7!W8WXl19707 NHITE 112943 831 92 CHEV CORSICA 1G1LT53F9NY296838 WHITE EXEMPT 1204 98 FORD CROWN VIC 2FAFP71W~WXl19727 WHI'~E 120128 NOT ACTUAL 844 96 FORD ~AURUS 1FALP52U6TA218101 WHITE 092751 723 98 FORD CROWN VIC 2FAFP7iWTWXI19~27 WHITE 117979 NOT ACTLIAL 895 97 FORD CROWN VIC 2FALP71W7VXl13897 ~HITE 1095~2 708 94 FORD TAURUS 1FALP5248RA136492 WHITE EXEMPT 94 FORD TAURUS 1FALP52U5RA127295 ~HITE EXEMPT 413 I 3,000.00 1 3,500.00 1 3, 100.00 1 1,600.00 1 3,200.00 ~ 1 3,250.00~ 1 800.00 1 3,100.0~ 1 1,800.00 1 3, 150.00 ' 1 2,000~00 1 1, 100.00 ' Agenda Item No. 16E4 April 13th, 2004 Page 28 of 31 Settlement Seller: 2 Item FIRBT COABT AUCTION & HEALTY, INC P:O BOX 7878 au286 ab150 JACKSONVILLE, FLORIDA 3223~ -904-772-0110 Fax: 904-'?77-8387 COLLIER COUNTY SURPLUS 3-13-04 MIKE RICE COLLIER COUNTY SHERIFF 3501 E TAMIAMI TRAIL NAPLES FL 34112 941-'793-9~0 De script ion P~' i ce Qt y Page: Total 11 331 332 333 334 335 336 ~337 338 3Z~9 340 ~/34I 342 93 FORD TAURUS 1FACP52U7PA215~27 WHITE EXEMPT 300 94 FORD TAURUS IFALP52U4RA197144 WHITE EXEMPT 430 98 FORD CROWN VIC 2FAFPT1W8WXl19769 WHITE 11'7873 816 97 FORD CROWN VIC 2FALPT1W9VXI58615 WHITE 125018 736 98 FORD CROWN VIC 2FAFP71WOWXl19765 WHITE 124748 841 98 FORD CROWN VIC 2FAFPT1W6WXl19754 WHITE 107906 NOT ACTUAL 8S4 99 EPY BOAT & TRAILER EPY661211899 / 40YBF2720?F0000~7 509 / 596 97 FORD CROWN VIC 2FALP71W4VXl13906 WHITE 119311 706 94 FORD TEMPO 1FAPP~6XORKl19965 WHITE EXEMPT 487 96 MERCURY SABLE 1MELM50XTA6337~2 GREEN 0~0619 600 93 MAZDA 626 1YV~E22A4P5241665 SILVER EXEMP~ 304 99 FORD CROWN VIC 2FAFPT1W2XX142708 WHITE 1~8345 920 92 TOYOTA PICKUP JT4VN93D~N5031291 ~LACK EXEMPT 1242 1 800.00 1 800.00 1 3, 100.00 1 1,600.00 I 3, 100.00 1 2,750.00 · 1 18,000.00~ 1 1,500.00 I 700.00~ 1 1,600. 00 ~ 1 900.00 1 2,000.00 1 2,000.00· Agenda Item No. 16E4 April 13th, 2004 Page 29 of 31 Settlement Seller: 2 Item FIRBT I:O~ST AUCTIO~ & REALTY, P 0 BOX 7878 au286 ab150 JACKSONVILLE, FLORIDA 32238 904-772-0110 Fax: 904-777-838'7 COLLIER COUNTY SURPLUS 3-13-04 MIKE RICE COLLIER COUNTY SHERIFF 3201 E TAMIAMI TRAIL NAPLES FL 34112 941-793--9370 Description Price Qty Page: Total 12 343 344 345 346 502 503 504 505 506 507 508 509 510 511 512 96 FORD CROWN VIC ~FALP71W1TXI50733 WHITE 120861 698 GENERATOR 06-45968 GENERATOR t-90-218-16 GENERATOR 19987 2 DR. FILE BOOKCASE Sold with item 502 4 DR ~ILES 4 DR FILES CABINET ROW CABINETS Hp FAX EMERSON TV MICROFICH Ail LAPTOPS CHAIR 1 1,100.00 1 700.00 1 70~.00- 1 500.00' 1 5. ,00 20.00~ 20.00 20.00 80.00 5.00 5.00 5.00· 1,300.00~ 180.00~ Items: 158 Amount: 2~3, 190.00 Commis~si on at 8.000% 22,655.20 Less adjustments: -22,655.20 Net due to seller: 260,534.80 Thank yo~ for choosing First Coast Auction & Realty, Inc. It's been our pleasure serving you. Should any questions arise please don't hesitate to call. Agenda Item No. 16E4 April 13th, 2004 Page $0 of 31 Settlement Seller: FIRST ~]AST AUCTION & REA~TY~ P 0 BOX 7878 au~86 ab150 JACKSONVILLE, FLORIDA 904-77~-0110 Fax: 904-777-~387 COLLIER COUNTY SURPLUS 3-13-04 ROB POTTEIGR LAST NAPLES FI~E CONTROL 4798 DAVIS ~LVD NAPLES FL 3~04 Item Description ~9-774-7111 Price Qty Page: Total 103 700 93 FORD BUS 1FDWJ65C7PVA3493~ GREEN EXEMPT LOT OF COMPUTER E~]IPMENT Items: ~ A~ount: Commission at 8.000~ L::'~.s s/adj ust merit s :'- Net due to s~ller: 1 1,000.00 1 800.00 1,800.00 -104.00 1, 196.00 Thank ¥o~1 for choosing .Fiest Coast Auction & Realty, Inc. It' s been our pleasure se~ving you. Should any questions arise please don't hesitate to call. Agenda Item No. 16E4 April 13th, 2004 Page 31 of 31 EXECUTIVE SUMMARY Approve a budget amendment for the purpose of installing conduit and fiber optic lines for network connectivity and redundancy OBJECTIVE: Approve a budget amendment in the amount of $400,000 to transfer funds from the GIS capital project 500141 to the Installation of Conduit capital project 500281. CONSIDERATIONS: The Installation of Conduit capital project is intended to be used to construct a fiber optic voice and data network to connect as many remote County facilities back to the main Government complex as possible. This construction will be done wherever possible in concert with road construction projects to reduce the overall cost of the project. The transferred funds will be used to install conduit and fiber optic cable as well as to purchase the equipment necessary to utilize the fiber. These funds will also be used for additional construction required to make the final connections to various facilities where road construction is not scheduled to take place. These connections will provide high speed, reliable communications between the connected facilities. The GIS project utilizes very large data files. High-speed data networks facilitate the transfer of these files and will enhance the GIS project. The IT Governance Committee has approved this transfer of funds. FISCAL IMPACT: Funds are available in the GIS project 500141 in the amount of $400,000 to be transferred to the Installation of Conduit project 500281. Source of funds is user fees and ad Valorem. GROWTH MANAGEMENT IMPACT: No growth management impact. RECOMMENDATION: Approve the necessary budget amendment to fund the Installation of Conduit project. Agenda Item No. 16E5 Apdl 13th, 2004 Page 1 of 2 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16E 5 Approve a budget amendment in the amount of $400,000, Project 500281 (Installation of Conduit) Approve a budget amendment in the amount of $400,000, Project 500281 (Installation of Conduit) 4/13/2004 9:00:00 AM Prepared By Michael Berries Administrative Services Network Operations Manager Information Technology Approved By Barry Axelrod Administrative Services Information Technology Director information Technology Date 4/2/2004 11:05 AM Approved By Len Golden Price Administrative Services Administrative Services Administrator Administrative Services Admin. Date 4/2/2004 11:58 AM Approved By Susan USher County Manager's Office Senior Management/Budget Analyst Office of Management & Budget Date 4/6/2004 1:37 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/6/2004 1:52 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/6/2004 3:32 PM Agenda Item No. 16E5 April 13th, 2004 Page 2 of 2 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners Award Bid g04-3632 for Horticulture Debris Hauling Disposal to Wherry Truck Lines, Inc. OBJECTIVE: To award Bid ff04-3632 for Horticulture Debris Hauling Disposal to Wherry Track Lines, Inc. CONSIDERATIONS: On March 4, 2004, invitations to bid were sent to eighty-eight (88) vendors. The bid opening was held on March 31, 2004, three (3) proposals were received. Staff has reviewed these bids and found Wherry Truck Lines, Inc. to be the lowest, qualified and responsive bidder and recommends that the Board of County Commissioners award Bid 04-3632 to Wherry Track Lines, Inc. FISCAL IMPACT: The fiscal impact for Bid g04-3632 is $47,8(10 with funds available in the Pelican Bay Services Operating Fund. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners award Bid 3632 for the Horticulture Debris Hauling Disposal to Wherry Truck Lines, Inc. Agenda Item No. 16F1 April 13th, 2004 Page I of 3 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F1 Recommendation that the Board of County Commissioners Award Bid #04- 3632 for Horticulture Debds Hauling Disposal to Wherry Truck Lines, Inc. Recommendation that the Board of County Commissioners Award Bid #04- 3632 for Horticulture Debris Hauling Disposal to Wherry Truck Lines, Inc. 4/13/2004 9:00:00 AM Prepared By James Ward Board of County Commissioners Director Pelican Bay Services Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/5/2004 10:37 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 4/5/2004 12:46 PM Approved By Steve Carnell Administrative Services Purchasing/General Svcs Director Purchasing Date 4/5/2004 9:02 AM Agenda Item No. 16F1 April 13th, 2004 Page 2 of 3 N ..~ 0 ~ "iD 0 - ~_ 0 ~,- ~000 EXECUTIVE SUMMARY BOARD OF COUNTY COMMISSIONERS AUTHORIZATION FOR THE CLERK OF THE CIRCUIT COURT TO PAY INVOICE NUMBER 16122 IN THE AMOUNT OF $3,264.86 TO KELLEY SWAFFORD & ROY FOR SERVICES RECEIVED WHH.E TOURISM WAS UNDER CONTRACT WITH THE TOURISM ALLIANCE OF COLLIER COUNTY AND TO FIND THAT THOSE SERVICES SERVED A PUBLIC PURPOSE BY PROMOTING TOURISM IN COLLIER COUNTY. OBJECTIVE: Approval by the Board of County Commissioners for payment to Kelley Swofford Roy, Inc. (KSR) for public relations expenses for September 2001 in the amount of $3,264.86. CONSIDERATIONS: In 2001, the Tourism Alliance was under contract with the County to manage advertising and promotions for the Tourism Development Council. The Tourism Alliance hired Kelley Swafford & Roy (KSR) for those services and paid KSR's invoices directly. As of December 2001 the Tourism Alliance no longer existed, KSR was then contracted to manage advertising and promotions for the TDC. During the period the County was under contract with the Tourism Alliance, an invoice from KSR was inadvertently overlooked. The services provided in this invoice were invoiced while under contract with the Tourism Alliance, but were performed on behalf of the County to promote tourism. Payment cannot be made directly to KSR without the Board of County Commissioners approval. At the September 23, 2003 Board of County Commissioners ~neeting the board authorized the Clerk of the Circuit Court to pay all Tourism Alliance expenses performed by KSR. This invoice was inadvertently missext in that action. FISCAL IMPACT: Invoice in the amount of $3,264.86. Funds are in Promotional Reserves in Fund 194. GROWTH MANAGEMENT IM PACT: There is no Growth Management impact from this action. RECOMMENDATION: That the Board of County Commissioners authorize the Clerk of the Circuit Court to pay invoice nmnber 16122 in the amount of $3,264.86 to Kelley Swafford & Roy for services received while under contract with the Tourism Alliance and find that the services served a public purpose by promoting tourism in Collier County. PREPARED BY: JACK WERT, TOURISM DIRECTOR REVIEWED BY: DATE LEO OCHS, ASSISTANT COUNTY MANAGER APPROVED BY: DATE JAMES V. MUDD, P.E. COUNTY MANAGER DATE Agenda Item No. 16F2 April 13th, 2004 Page I of 4 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F2 KELLEY SWAFFORD & ROY INVOICE FOR $3,264.86 Board of County Commissioners authorization for the Clerk of the Circuit court to pay invoice number 16122 in the amount of $3,264.86 to Kelley Swafford & Roy for services received while tourism was under contract with the tourism alliance of Collier County and to find that those services served a public purpose by promoting tourism in Collier County 4/13/2004 9:00:00 AM Prepared By Jack Weft County Manager's Office Tourism Director Toursim Development Council Approved By Jack Wert County Manager's Office Tourism Director Toursim Development Council Date 3131/2004 2:29 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/112004 10:30 AM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager County Manager's Office Date 4/1/2004 3:29 PM Agenda ltem No. 16F2 Apfi113~,2004 Page 2 of 4 Kelley Swbfford Roy, Inc. · 3399 Ponce de Leon Boulevard Coral Gables, FL 33134 Kathy Pr~tos -' Greater NeplesMa~rcolslandEverglades CVB 5395 Park Central Court Naples, FL 34109 Job Name/Tire: Description: . Public Relations 00/01 Progress Billihg Expenses thru 9/30/01 Number Date Job Number PO# Charge~ Invoice 16122 09/30101 COL-019 DescHp~on Copies- TACC Meeting Packs - ~nko's Slide Dupes for PR Releases Thompson Photos Faro Trip-July 2-4, ~)001 with Florida Review Meals . $208.41 MileagelParking $ 89.74 Monitoring Halifax Herald Limited 2 back issues of Feb 3, 2001 Edition Fam Trip August 27, 2001 Chanenels Magazine Photo.Expenses $40.82 Mileage $10.07 Recommend Magazine August 28, 2001 Photo Expense $ 8.59 Mileage $48.07 Clipping Service LUCE Press Clippings May-August 2001 May $343.56 Jun ' $666.65 Jul $445.85 Aug $236.41 Printing Kinko's - Various Copies for PR Clipping Report Fam Trip Sap 4-6, 2001 UK Tour Operators Fern Trip Gifts $179.53 Mileage $ 9.10 Shipping/Courier Amour, J $ 34.98 $ 23.53 $298.15 $10.50(~ $ 50.89~) $56.66 $1,692,47Q $ 564.34 $188.63~ $ 344.71 Agenda Item No. 16F2 April 13th, 2004 Page 3 of 4 Kelley Swofford Roy, Inc. 3399 ponce de Leon Boulevard Coral Gables, FL 33134 Kathy Prutos Greater' NaplesMarcolslandEverglades CVB 5395 Park Central Court Naples, FL 34109 Job Name/Title: Descrlptlon: Public Relations 00lQ 1 Progress Billing Expenses thru 9/30/01 Number Date Job Number Charge# Invoice 16122 09/§0/01 COL-019 Description Amount TOTAL: PAYMENT TERMS: Thank you. Upon Receipt $ 3,264.86 Agenda Item No. 16F2 April 13th, 2004 Page 4 of 4 EXECUTIVE SUMMARY Approve Tourist Development Category "A" Grant Applications from the City of Marco Island, Environmental Services Dept., Pelican Bay Services District and the Tourism Department for Beach Renourishment and Maintenance for Fiscal Year 2005 In The Amount Of $687,400 oB,1ECTIVE: To obtain approval of Tourist Development Category "A" grant applications as recommended for approval by the Coastal Advisory Committee and the Tourist Development Council. CONSIDERATIONS: The attached Tourist Development Category "A" grant applications were reviewed and recommended for approval by the Coastal Advisory Committee on March 11, 2004, and the Tourist Development Council on March 29, 2004. These projects are eligible for funding under the TDC Category "A" funding policy adopted by the Board on December 16, 2003. PROJECT/DESCRIPTION AMOUNT Marco Island Monitoring 2005 (City of Marco Island) Collier County Sea Turtle Monitoring & Beach Studies (Environmental Services Dept.) Clam Pass Monitoring (Pelican Bay Services District) Project Management & Misc. Fees 2005 (Tourism Department) TOTAL $100,000 $157,400 $ 10,000 $687,400 FISCAL IMPACT: The total amount of grant applications for FY 2005 in the amount of $687,400 is available for appropriation from Category "A" Tourist Development Taxes. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners approve the attached Tourist Development Category "A" grant applications in the amount of $687,400. Agenda Item No. 16F3 April 13th, 2004 Page 1 of 14 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F3 Approve Tourist Development Category 'A" Grant Applications For Beach Renourishment and Maintenance For Fiscal Year 2005 In The Amount Of $687,400 Approve Tourist Development Category "A" Grant Applications For Beach Renourishment and Maintenance For Fiscal Year 2005 in The Amount Of $687,400 4/1312004 9:00:00 AM Prepared By Maria E. Bernal County Manager's Office Grants Coordinator Toursim Development Council Approved By Jack Weft County Manager's Office Tourism Director Toursim Development Council Date 412/2004 9:13 AM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 4/4/2004 10:43 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 415/2004 1(}:08 AM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 415/2004 1:14 PM Agenda Item No. 16F3 April 13th, 2004 Page 2 of 14 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Renourishment and Pass Maintenance MARCO ISLAND MONITORING Name and Address of Project Sponsor Organization: City of Marco Island 50 Bald Eagle Drive Island, FL 34145 Contact Person, Title and Phone Number: Name: Address: City ST ZIP Phone: FAX: Other: Organization's Chief Official and Title: Mike Minozzi, Chairman Island City Council Details of Project- Description and Location: Marco Marco Survey Marco Island FDEP monuments R-129 (north of Tigertail Park) to R-148 (Caxambas Pass), breakwaters and Caxambas Pass including nearshore wading depth profiles and bathymetric data. The final product will be an engineering report for the City of Marco Island, Collier County Coastal Advisory Committee and FDEP. Esthnated project start date: Estimated project duration: 6. 7. 8. May 2005 10 months Total TDC Tax Funds Requested: $100,000 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No (X) Agenda Item No. 16F3 April 13th, 2004 Page 3 of 14 Collier County Tourist Development Council Category "A" Grant Application Page 2 MARCO ISLAND MONITORING PROJECT BUDGET PROGRAM ELEMENT AMOUNT TDC Funds Requested City/Taxing District Share State of Florida Share Federal Share TOTAL $100,,000 PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) Engineering Services $100,000 TOTAL $100,000 I have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will complY with all guidelines and criteria. Signature of Sponsor Organization's Chief Official Date Agenda Item No: 16F3 April 13th, 2004 Page 4 of 14 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Renourishment and Pass Maintenance Collier County Sea Turtle Protection Program-Sea Turtle Monitoring and Beach Studies Project Name and Address of Project Sponsor Organization: Collier County Environmental Services Department 2800 North Horseshoe Dr. Naples, FL 34104 2. Contact Person, Title and Phone Number: Name: Maura C. Kraus, Principal Environmental Specialist Collier County Environmental Services Department Address: 2800 North Horseshoe Drive City Naples ST Florida ZIP 34104 Phone: _239-213-2952 FAX: _239-213-2960 Other: _239-732-2505 3. Organization's Chief Official and Title: Commissioner Donna Fiala, Chairman Details of project- Description and Location: The State of Florida and the U.S. Army Corps of Engineers have specific permit requirements for beach renourishment and inlet management. The Environmental Services Department is responsible for monitoring the beaches of Collier County, the City of Naples and the City of Marco Island for sea turtle activities and related beach studies. Agenda Item No. 16F3 April 13th, 2004 Page 5 of 14 Collier County Tourist Development Council Grant Application Page 2 The beaches included in the studies are Barefoot Beach, Vanderbilt Beach, Park Shore, Naples, Marco Island and Hideaway Beach (23.7 miles). The duties and associated costs of the program are as follows: 1. Administrative/permitting 2. Reconnaissance and beach zoning 3. Daily monitoring (7 days/wk./beach April 15-October 31) 4. Evaluation 5. Mapping 6. Data entry 7. Disorientation's (associated with beach profile) 8. Repons (Annual State Repons and Sea Turtle Protection Plan) 9. Mobilization/demobilization 10. Vehicle maintenance 11. Supplies 12. Beach compaction studies and reports 13. Dune vegetation monitoring and invasive exotic removal 14. Nest relocation in construction areas 15. Monitoring and reporting of escarpments 16. Additional studies required by State/Federal permits (sand/nest temperature recording, ground/surface water monitoring). Additional justification of beach studies and monitoring activity are as follows: Barefoot Beach: construction, excavation or maintenance of Wiggins Pass (only that area included within the area of influence of Wiggins Pass; 1 mile north of Pass south to Wiggins Pass); pass material disposal location (renourishment); beach cleaning following a storm event and red tide Vanderbilt Beach: beach nourishment; construction, excavation or maintenance of a coastal inlet and related shoals (Wiggins Pass and Clam Pass); beach cleaning and grooming activities landward of the mean high-water line.. Park Shore: beach nourishment; construction, excavation or maintenance of a coastal inlet and related shoals (Clam Pass and Doctors Pass). Upland sand temperature studies as required by the State. City of Naples: beach nourishment; construction, excavation or maintenance of a coastal inlet and related shoals (Doctors Pass and Gordon Pass) City of Marco Island: construction, excavation or maintenance of a coastal inlet and related shoals (Big Marco Pass and Caxambas Pass); Beach nourishment; Hideaway Beach T-Groin; beach cleaning and grooming activities landward of the mean high-water line. Agenda Item No. 16F3 April 13th, 2004 Page 6 of 14 6. 7. 8. Estimated project start date: October 17 2004 Estimated project duration: One (1) year Total TDC Tax Funds Requested: $ 157,400 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No (X) Agenda Item No. 16F3 April 13th, 2004 Page 7 of 14 Collier County Tourist Development Council Category "A" Grant Application Page 3 Collier County Sea Turtle Protection Program-Sea Turtle Monitoring and Beach Studies Project PROJECT BUDGET PROGRAM ELEMENT TDC Funds Requested City/Taxing District Share State of Florida Share Federal Share AMOUNT $ 157,400 $ TOTAL $ 157,400 PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) Personnel Services $ Contract Services $ Operating $ Capital (ATV replacement) $ TOTAL $ 128,000 o,soo 15,400 3,500 157,400 I have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will comply with all guidelines and criteria. William D. Lorenz, Director Environmental Services Dept. February 6, 2004 Signature of Sponsor Organization's Chief Official Date EXHIBIT A Agenda Item No. 16F3 April 13th, 2004 Page 8 of 14 TOURIST DEVELOPMENT CATEGORY "A" FUNDING POLICY 1. Use of TDC Category "A" funds. Category "A" Tourist Development Tax Funds shall be used for beach renourishment, beach maintenance, and beach park facilities including beach access acquisition. 2. Source of other funds. Federal or State funds are desirable and should be diligently pursued. 3. Mandatorr annual budget allocation of funds and maintenance of reserves. Catastrophe reserves shall be accumulated in the budget with $1M in 2004 plus $0.5M per year thereafter up to a maximum of $10M. In the event of a catastrophe requiring the expenditure of all or part of these reserves, $0.5M will continue to be set aside. bo Annual monitoring and other permit compliance requirements. Beginning with FY 2005, these costs shall be cost-shared (if applicable) with TDC Category "A" funds at the same percentage as the projecL Major renourishment reserves shall be accumulated in the budget with $2M per year after the completion of the major renourishment project currendy in planning and permiuing (as of November 2003; projected to start setting aside funds in FY 2006). Beach park facilities (including beach access property acquisition) shall be funded at an average of $2M per year. This funding allocation shall be adjusted annually in an amount equal to the percentage change in TDC Category "A" revenues. e. Remaining funds may be used for eligible grant applications as outlined in the policy below. 4. Eligibility. Eligible beach areas qualify for Category "A' funding. An "eligible beach area" has: a. At least one public access point from a public street; and b. Is no more than one-half mile from a beach park facility, public access point, hotel, motel or is a vital tourism area subject to abnormal erosion, provided that if at least 80% of a beach area is classified as eligible, otherwise ineligible gaps will be deemed eligible. 5. Level ofuse. Eligible beach areas are classified according to use. a. "High use" is an eligible beach area within one-half mile of a hotel, motel, designated public parking or public shuttle drop-off point. b. '~ow use" is an eligible beach area outside the limits for high use, provided that if at least 80% of a beach area is classified as high use, low use gaps will be deemed high use. 6. Level o. fservice. Eligible beach areas qualify for Category "A" funding based on use. a. An eligible low use beach area qualifies for "minimum maintenance," meaning renourishment sufficient to provide minimum shoreline protection for a projected period of five years, including maintenance, monitoring and testing on a periodic basis as needed. b. An eligible high use beach area qualifies for full renourishment, meaning additional renourishment intended to enhance beach width for recreational or other public purpose. Agenda Itom No, 16F3 April 13th, 2004 Page 9 of 14 c. Additional Category "A" funding may be provided for eligible low use beach areas for renourishment in addition to minimum maintenance, provided that at least 60% of the incremental cost is funded by private or other non-County sources. 7. Inlet Sand Bvmtssinl~. The bypassing of sand across inlets may be funded by Tourist Development Tax Category "A" funding provided the Inlet Management Plan recommends the bypassing and the sand will be placed on an eligible beach. No TDC Category "A" funding will be approved for dredging non-beach compatible material. Permit requirements, such as profile monitoring and beach tilling, will be funded the same way as the bypassing. 8. Shore protection structures and pro]ect sponsorshit~. Projects, including construction and maintenance of shore protection structures (groins, jetties, breakwaters, etc.), may be funded by Category "A" funding for eligible beaches. However, 'ownership' responsibilities must rest with an entity other than "Tourist Development Taxes" - i.e. there must be a project sponsor (private interests, taxing districts, municipalities or County Departments other than those funded with Tourist Development Taxes). 9. Grant Application Review. The Coastal Advisory Committee and the Parks and Recreation Advisory Board will prepare and maintain a proposed prioritized annual spending plan for the use of Tourist Development Tax Category "A" funds, with a ten year projection. The proposed plans will be submitted to the Board of County Commissioners (BCC) for their consideration and approval, via the TDC. These submissions will coincide with the annual Collier County budget cycle. The Coastal Advisory Committee will review all requests for Tourist Development Tax Category "A" funds, with the exception of County maintained beach park facilities that will be handled by the Parks and Recreation Advisory Board. Both advisory boards will make recommendations for approval, denial or modification to the BCC, via the TDC, consistent with the BCC established policy for use of these funds. Agenda Item No. 16F3 April 13th, 2004 Page 10 of 14 CATEGORY "A" GRANT ~CATION °0/~ FEB 27 ~ ~.6 Beach Renmu'ishmmt and Pass ~ Ci~ Pass & Eco System Annual Hydrowald~ Monitoring, 6. 7. 8. City Naples Phone: 239-597-1749 Other:. 954-658-4900 Name and AddreSs of Pm.~t Sponsor ~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL Name: James P. Ward, pelican Bay Services Division Administrator Address: 801 Laurel Oak Drive ST. FL ZlP.~34108 FAX: 239-597-4502 Organi~flon's Chief Official and Title: Donna Fiala, Chairman Board of County Commissioners Details of Project- Description ami Location: Monitoring of Clam Bay Pass and Eco System to access the tidal flow conditions of Clam Pass. Monitoring includes survey and tido! cl_o~ from the Clam Bay System which provides the data necessary to evaluate when maintenance dredging activities for Clam _ passe, arc n~sarv~. Estimated project start date: October~ov~ ~ Estimated project duration: 365 Days, Total TDC Tax Funds Requested: ~I0,000 , if the full amount requested cannot be awarded, can the progrmn/project be restructured to acconunodate a smaller awmxl? Yes ( ) No (X) Agenda Item No. 16F3 April 13th, 2004 Page 11 of 14 Collier County Tourist Development Council Clmn P~ nnd Eco System Annnni~H,ydrograohic Monitorine TDC Funds Requested State of l~orid~ Sh~re Federal Sh~re $10.000 TOTAL ~3~00.~ PR~~: (Engineering, Mobilization, ConWactor, Monitoring etc) $ $ $ $ S I have read the Tourist Development Category "A" Beach 'FUnding Policy covering beach renourishmmt ami pass. maintenance and agree that my organization will comply with all EXHIBIT A Agenda Item No. 16F3 April '13th, 2004 Page 12 of '14 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Renourishment and Pass Maintenance PROJECT MANAGEMENT & MISC. FEES 2005 1. Name and Address of Project Sponsor Organization: Tourist Development Department 3050 Horseshoe Drive, Suite 218 Naples, FL 34104 2. Contact Person, Title and Phone Number: Name: Maria Bernal, Executive Assistant Address: 3301 1~. Tamiami Trail, Bide. 'H' City Naoles ST FL ZIP 34104 Phone: 213-2966 FAX: 403-2404 3. Organization's Chief Official and Title: Donna Fiala, Chairman Board of County Commissioners 4. Details of Project- Description and Location: This project consists of salaries and operational support to administer coastal projects that qualify for TDC Category "A" funding as well as the administrative costs to oversee Category "A" processes and fees charged by the Tax Collector. It is currently envisioned to charge against this grant for portions of five Collier County staff positions (four in the Public Utilities Engineering Department and one in the Tourism Department). 6. 7. 8. Estimated project start date: 1 October 2004 Estimated project duration: 12 months Total TDC Tax Funds Requested: $420,000 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes (X) No ( ) Agenda Item No. 16F3 April 13th, 2004 Page 13 of 14 Collier County Tourist Development Council Category "A" Grant Application Page 2 PROJECT MANAGEMENT & MISC. FEES 2005 PROGRAM ELEMENT TDC Funds Requested City/Taxing District Share State of Florida Share Federal Share PRO,~ECT BUDGET AMOUNT TOTAL $420,000 PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) Salaries/benefits - portions of 5 positions Operational Support - travel, supplies, telephones, etc. Tax Collector / misc. $265,000 $ 35,000 $120,000 TOTAL $420,000 I have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will comply with all guidelines and criteria. Signature of Sponsor Organization's Chief Official Date EXHIBIT A Agenda Item No. 16F3 April 13th, 2004 Page 14 of 14 EXECUTIVE SUMMARY Approve Two Tourist Development Category "A" Grant Applications and a Budget Amendment submitted by the Parks & Recreation Department For Beach Cleaning 2004 In The Amount Of $155,600 OBJECTIVE: To obtain approval for Tourist Development Category "A" grant applications and a Budget Amendment from the Parks and Recreation Department as recommended by the Coastal Advisory Committee and the Tourist Development Council. CONSIDERATIONS: The following Tourist Development Category "A" grant applications were reviewed by the Coastal Advisory Committee (CAC) on March 11, 2004, and the Tourist Development Council (TDC) on March 29, 2004. Their recommendations are as follow: Repairs to Beach Cleaning Equipment--S33,400 Unanticipated repairs to the beach cleaning equipment were required to keep the equipment operational. Fleet Management recommended the repairs. CAC recommended approval. TDC recommended approval. Tipping Fees--S122,200 Because prior to October 2003 the County did not charge a tipping fee at the landfill to beach cleaning operations, tipping fees were not budgeted in the FY 04 beach cleaning operations budget. Requested funds will cover fees incurred to date as well as those anticipated for the rest of FY 04. CAC recommended approval. TDC recommended approval. The proposed project areas have public street access, are more than 80% within one-half mile of a beach park facility, public access point, hotel, or motel and are in compliance with the Category "A" Funding Policy adopted by the BCC on December 16, 2003. FISCAL IMPACT: Funds are available in the Category "A" Tourist Development Tax. reserves. GROWlH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners approve two grant applications for a Tourist Development Category "A" beach cleaning project and a Budget Amendment in the amount of $155,600. Agenda Item No. 16F4 April 13th, 2004 Page I of 10 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F4 Approve Two Tourist Development Category "A" Grant Applications and a Budget Amendment submitted by the Parks & Recreation Department For Beach Cleaning 2004 In The Amount Of $155,600 Approve Two Toudst Development Category "A" Grant Applications and a Budget Amendment submitted by the Parks & Recreation Department For Beach Cleaning 2004 in The Amount Of $155,600 4/13/2004 9:00:00 AM Prepared By Maria E. Bernal County Manager's Office Grants Coordinator Toursim Development Council Approved By Jack Weft County Manager's Office Tourism Director Toursim Development Council Date 4/212004 9:43 AM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 4/4/2004 10:58 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/5/2004 '10:04 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 4/512004 1:15 PM Agenda Item No. 16F4 April 13th, 2004 Page 2 of 10 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION REPAIRS TO BEACH CLEANING EQUIPMENT 1. Name and Address of Project Sponsor Organization: Collier County Board of County Commissioners Contact Person, Title and Phone Number: Mm'do Smith, Beach and Water Superintendent 3300 Santa Barbara Blvd. Naples FL 334116 Phone: 239-353-0404 FAX: 239-353-1002 3. Organization's Chief Official and Title: Donna Fiala, Chairman Board of County Commissioners e 6. 7. 8. Details of Project- Description and Location: Repairs to the Barber Surf Rake Beach cleaning machines that were unanticipated during the Fiscal Year 2003-04. These repairs were to basically rebuild the equipment. County ID #s 990154 and 020110 Estimated project start date: October 03 Estimated project duration: January Total TDC Tax Funds Requested: $33,400 If the full amount requested cannot be awarded, can the progrmn/project be restructured to accommodate a smaller award? Yes ( ) No (x) Agenda Item No. 16F4 April 13th, 2004 Page 3 of 10 Collier County Tourist Development Council Category "A" Grant Application Page 2 Repairs to Beach Machines (Project Title) PROJECT BUDGET PROGRAM ELEMENT TDC Funds Requested City/Taxing District Share State of Florida Share Federal Share AMOUNT $ 33,400 TOTAL $ 33,400 PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) Repairs to the two Beach machines $33,400 TOTAL $ 33,400 I have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will comply with all guidelines and criteria. Signature of Sponsor Organization's Contact Person Date Agenda Item No. 16F4 April 13th, 2004 Page 4 of 10 EXHIBIT A TOURIST DEVELOPMENT CATEGORY "A" FUNDING POLICY 1. Use of TDC Category "A" funds. Category "A" Tourist Development Tax Funds shall be used for beach renourishrnent, beach maintenance, and beach park facilities including beach access acquisition. 2. Source o[other funds. Federal or State funds are desirable and should be diligently pursued. 3. Mandatory annual budget allocation of funds and maintenance o£reserves. Catastrophe reserves shall be accumulated in the budget with $1M in 2004 plus $0.5M per year thereafter up to a maximum of $10M. In the event of a catastrophe requiting the expenditure of all or part of these reserves, $0.5M will continue to be set aside. bo Annual monitoring and other permit compliance requirements. Beginning with FY 2005, these costs shall be cost-shared (if applicable) with TDC Category "A" funds at the same percentage as the project. Major renourishment reserves shall be accumulated in the budget with $2M per year after the completion of the major refiourishment project currently in planning and permitting (as of November 2003; projected to start setting aside funds in FY 2006). Beach park facilities (including beach access property acquisition) shall be funded at an average of $2M per year. This funding allocation shall be adjusted annually in an amount equal to the percentage change in TDC Category "A" revenues. e. Remaining funds may be used for eligible grant applications as outlined in the policy below. 4. Eligibility. Eligible beach areas qualify for Category "A" funding. An "eligible beach area" has: a. At least one public access point from a public street; and b. Is no more than one-half mile from a beach park facility, public access point, hotel, motel or is a vital tourism area subject to abnormal erosion, provided that if at least 80% of a beach area is classified as eligible, otherwise ineligible gaps will be deemed eligible. 5. Level o[use. Eligible beach areas are classified according to use. a. "High use" is an eligible beach area within one-half mile of a hotel, motel, designated public parking or public shuttle drop-off point. b. "Low use" is an eligible beach area outside the limits for high use, provided that if at least 80% of a beach area is classified as high use, low use gaps will be deemed high use. 6. Level o. fservice. Eligible beach areas qualify for Category "A" funding based on use. a. An eligible low use beach area qualifies for "minimum maintenance," meaning renourishment sufficient to provide minimum shoreline protection for a projected period of five years, including maintenance, monitoring and testing on a periodic basis as needed. Agenda Item No. 16F4 April 13th, 2004 Page 5 of 10 b. An eligible high use beach area qualifies for full renourishment, meaning additional renourishment intended to enhance beach width for recreational or other public purpose. c. Additional Category "A" funding may be provided for eligible low use beach areas for renourishment in addition to minimum maintenance, provided that at least 60% of the incremental cost is funded by private or other non-County sources. 7. Inlet Sand Bypassing. The bypassing of sand across inlets may be funded by Tourist Development Tax Category "A" funding provided the Inlet Management Plan recommends the bypassing and the sand will be placed on an eligible beach. No TDC Category "A" funding will be approved for dredging non-beach compatible material. Permit requirements, such as profile monitoring and beach filling, will be funded the same way as the bypassing. 8. Shore protection structures and proiect sponsorship. Projects, including construction and maintenance of shore protection structures (groins, jetties, breakwaters, etc.), may be funded by Category "A" funding for eligible beaches. However, 'ownership' responsibilities must rest with an entity other than 'q'ourist Development Taxes" - i.e. there must be a project sponsor (private interests, taxing districts, municipalities or County Departments other than those funded with Tourist Development Taxes). 9. Grant Application Review, The Coastal Advisory Committee and the Parks and Recreation Advisory Board will prepare and maintain a proposed prioritized annual spending plan for the use of Tourist Development Tax Category "A" funds, with a ten year projection. The proposed plans will be submitted to the Board of County Commissioners (BCC) for their consideration and approval, via the TDC. These submissions will coincide with the annual Collier County budget cycle. The Coastal Advisory Committee will review all requests for Tourist Development Tax Category "A" funds, with the exception of County maintained beach park facilities that will be handled by the Parks and Recreation Advisory Board. Both advisory boards will make recommendations for approval, denial or modification to the BCC, via the TDC, consistent with the BCC established policy for use of these funds. Agenda Item No. 16F4 April 13th, 2004 Page 6 of 10 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION TIPPING FEES 1. Name and Address of Project Sponsor Organization: Collier County Board of County Commissioners 2. Contact Person, Title and Phone Number: Murdo Smith, Beach and Water Superintendent 3300 Santa Barbara Blvd. Naples FL 334116 Phone: 239-353-0404 FAX: 239-353-1002 3. Organization's Chief Official and Title: Donna Fiala, Chairman Board of County Commissioners 4. Details of Project- Description and Location: Cost associated with tipping fees for the dumpsters during the months of November 03 to October 04. Tipping fees have not been charged in the past and the dollars associated with the new tipping fees were never included in the 03-04 budget. The cost for the month of November was $12,300, December $42,500 and $7,500 for January. These costs have been associated with seaweed. The Department is also including in this grant application the estimated costs of tipping fees for the remainder of the year at $7,500 per month. The total amount requested is $62,200 for November, December, and January, as well as 8 months at $7,500 per month ($60,000), for a total grant application of $122,200. 8. be restructured to accommodate a smaller award? Yes ( Estimated project start date: October 03 Estimated project duration: September 04 Total TDC Tax Funds Requested: $122,200 If the full amount requested cannot be awarded, can the program/project ) No(x ) Agenda Item No. 16F4 April 13th, 2004 Page 7 of 10 Collier County Tourist Development Council Category "A" Grant Application Page 2 Repairs to Beach Machines (Project Title) PRO~[ECT BUDGET PROGRAM ELEMENT AMOUNT TDC Funds Requested City/Taxing District Share State of Florida Share Federal Share $122,200 $ TOTAL $122,200 PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) Tipping fees $122,200 TOTAL $122,2~ I have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will comply with all guidelines and criteria. Signature of Sponsor Organization's Contact Person Date Agenda Item No. 16F4 April 13th, 2004 Page 8 of 10 TOURIST DEVELOPMENT CATEGORY "A" FUNDING POLICY 1. Use of TDC Category "A" funds. Category "A" Tourist Development Tax Funds shall be used for beach renourishment, beach maintenance, and beach park facilities including beach access acquisition. 2. Source of other funds. Federal or State funds are desirable and should be diligently pursued. 3. Mandatory annual budget allocation of funds and maintenance of reserves Catastrophe reserves shall be accumulated in the budget with SIM in 2004 plus $0.5M per year thereafter up to a maximum of $10M. In the event of a catastrophe requiring the expenditure of all or part of these reserves, $0.5M will continue to be set aside. Annual monitoring and other permit compliance requirements. Beginning with FY 2005, these costs shall be cost-shared (if applicable) with TDC Category "A" funds at the same percentage as the projecL Major renourishment reserves shall be accumulated in the budget with $2M per year after the completion of the major renourishment project currently in planning and permitting (as of November 2003; projected to start setting aside funds in FY 2006). do Beach park facilities (including beach access property acquisition) shall be funded at an average of $2M per year. This funding allocation shall be adjusted annually in an amount equal to the percentage change in TDC Category "A" revenues. e. Remaining funds may be used for eligible grant applications as outlined in the policy below. 4. Eligibdity. Eligible beach areas qualify for Category "A" funding. An "eligible beach area" has: a. At least one public access point from a public street; and b. Is no more than one-half mile from a beach park facility, public access point, hotel, motel or is a vital tourism area subject to abnormal erosion, provided that if at least 80% of a beach area is classified as eligible, otherwise ineligible gaps will be deemed eligible. 5. Level of use. Eligible beach areas are classified according to use. a. "High use" is an eligible beach area within one-half mile of a hotel, motel, designated public parking or public shuttle drop-off point. b. "Low use" is an eligible beach area outside the limits for high use, provided that if at least 80% of a beach area is classified as high use, Iow use gaps will be deemed high use. 6. Level of service. Eligible beach areas qualify for Category "A" funding based on use. a. An eligible low use beach area qualifies for "minimum maintenance," meaning renourishment sufficient to provide minimum shoreline protection for a projected period of five years, including maintenance, monitoring and testing on a periodic basis as needed. Agenda.Item No. 16F4 April 13th, 2004 Page 9 of 10 b. An eligible high use beach area qualifies for full renourishment, meaning additional renourishment intended to enhance beach width for recreational or other public purpose. e. Additional Catego~ "A" funding may be provided for eligible low use beach areas for renourishment in addition to minimum maintenance, provided that at least 60% of the incremental cost is funded by private or other non-County sources. 7. Inlet Sand B~passinz. The bypassing of sand across inlets may be funded by Tourist Development Tax Category "A" funding provided the Inlet Management Plan recommends the bypassing and the sand will be placed on an eligible beach. No TDC Category "A" funding will be approved for dredging non-beach compatible material. Permit requirements, such as profile monitoring and beach tilling, will be funded the same way as the bypassing. 8. Shore protection structures and proiect sponsorship. Projects, including construction and maintenance of shore protection structures (groins, jetties, breakwaters, etc.), may be funded by Category "A" funding for eligible beaches. However, 'ownership' responsibilities must rest with an entity other than "Tourist Development Taxes" - i.e. there must be a project sponsor (private interests, taxing districts, municipalities or County Departments other than those funded with Tourist Development Taxes). 9. Grant Application Review. The Coastal Advisory Committee and the Parks and Recreation Advisory Board will prepare and maintain a proposed prioritized annual spending plan for the use of Tourist Development Tax Category "A" funds, with a ten year projection. The proposed plans will be submitted to the Board of County Conurfissioners (BCC) for their consideration and approval, via the TDC. These submissions will coincide with the annual Collier County budget cycle. The Coastal Advisory Committee will review all requests for Tourist Development Tax Category "A" funds, with the exception of County maintained beach park facilities that will be handled by the Parks and Recreation Advisory Board. Both advisory boards will make recommendations for approval, denial or modification to the BCC, via the TDC, consistent with the BCC established policy for use of these funds. Agenda Item No. 16F4 April 13th, 2004 Page 10 of 10 Executive Summary Approve Three TDC Category "A" Grant applications for the renourishment of Vanderbilt, Pelican Bay, Park Shore and Naples Beaches in the amount of $14,450,000 OBJECTIVE: To obtain approval of three TDC Category "A" grant applications for the renourishment of Vanderbilt, Pelican Bay, Park Shore and Naples beaches in the amount of $14,450,000. CONSIDERATIONS: At their meeting on October 4, 2001, the Coastal Advisory Committee recommended the fast-tracking of the next major beach renourishment project originally projected for 2006. The last major renourishment, completed in May 1996, had an anticipated life of eight to ten years. However, the entire project was not constructed due to time constraints. Annual monitoring reports indicate that the beach has eroded beyond the design minimum and therefore renourishment is needed. In order to work toward a goal of renourishing as soon as possible, Coastal Planning & Engineering has been working on a sand search as well as designing the renourishment. The permit application was submitted in October 2003 with construction planned to begin in November 2004. Due to the large equipment that will need to be mobilized, the construction contract award is scheduled for the summer of 2004. The Board of County Commissioners deferred a similar grant application on June 10, 2003, agenda item 10.I pending the establishment of a funding policy. A policy was adopted by the Board on December 16, 2003, agenda item 10.K. The Collier County Parks & Recreation Department, the Pelican Bay Services Division and the City of Naples have submitted grant applications in support of re-nourishing most of the beaches from Delnor-Wiggins State Park to approximately 21st Avenue South in Naples. Upon approval of funding, an interlocal agreement will be needed between the City of Naples and Collier County to address issues such as easements, construction access to the beaches, etc. Nearly all of the beaches are eligible under the new funding policy with the exception of the southern portion of Pelican Bay, because it is more than one half mile south of the Ritz-Carlton Hotel. Accordingly, the Pelican Bay Services Division has indicated that nOn-Tourist Tax funding will be provided for that portion of the work, currently estimated at over $700,000. The Coastal Advisory Committee recommended approval of these grant applications at their meeting on March 11, 2004 and the Tourist Development Council followed suit on March 29, 2004. FISCAL IMPACT: $14,450,000 is available for appropriation in the Tourist Development Tax FY 2005 budget. The Pelican Bay non-Tourist Tax funding of over $700,000 would also be budgeted as reimbursement revenue. Agenda Item No. 16F5 April 13th, 2004 Page 1 of 9 GROWTH MANAGEMENT IMPACT: The Growth Management Plan Conservation and Coastal Management Element, Section 10.2 states "The County shall continue to insure that access to beaches, shores and waterways remain available to the public and continue with its program to expand the availability of such access and a method to fund its acquisition." And "Evaluate appropriate public access intervals for renourished beaches considering the demand for recreation and the ability of the natural system to support the demand. If existing access is not sufficient, then the County shall acquire additional access points as a part of the renourishment project." RECOMMENDATION: That the Board of County Commissioners approve three TDC Category "A" grant applications for the renourishment of Vanderbilt, Pelican Bay, Park Shore and Naples beaches in the amount of $14,450,000 and authorize negotiations for an interlocal agreement with the City of Naples. Agenda Item No. 16F5 April 13th, 2004 Page 2 of 9 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F5 Renourishment of Vanderbilt, Pelican Bay, Park Shore and Naples Beaches in the amount of $14,450,000 Approve Three TDC Category "A" Grant applications for the renoudshment of Vanderbilt, Pelican Bay, Park Shore and Naples Beaches in the amount of $14,450,000 4/13/2004 9:00:00 AM Prepared By R. Shane Cox, P.E. Public Utilities Senior Project Manager Public Utilities Engineedng Approved By Ron Hovell Public Utilities Special Projects Manager Public Utilities Engineering Date 3/3012004 7:19 AM APproved By Roy B. Anderson, P.E. Public Utilities Public Utilities Engineering Director Public Utilities Engineering Date 3/30/2004 1:30 PM Approved By Thomas Wides Public Utilities Operations Director Public Utilities Operations Date 3/3012004 5:07 PM Approved By Steve Carnell Administrative Services Purchasing/General Svcs Director Purchasing Date 3130/2004 1:22 PM Approved By John Ounnuck Public Services Public Services Administrator Public Services Admin. Date 313012004 11:33 AM Approved By James W, DeLony Public Utilities Public Utilities Administrator Public Utilities Administration Date 4/112004 12:12 PM Approved By jack Wed County Manager'sOffice Tourism Director Toursim Development Council Date 4/2/2004 12:49 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/5/2004 10:28 AM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/5/2004 6:03 PM Agenda Item No. 16F5 April 13th, 2004 Page 3 of 9 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Renourishment and Pass Maintenance City of Naples Beach Renourishment Name and Address of Project Sponsor Organization: Naples, FL 2. Contact Person, Title and Phone Number: Name: Address: City ST__ ZIP Phone: FAX: Other: 3. Organization's Chief Official and Title: 4o 6. 7. 8. Details of Project- Description and Location: Offshore renourishment of approximately 500,000 cubic yards of sand on City of Naples beaches (Park Shore from the city limits to R-55, approximately V2-mile north of Doctors Pass and from the south side of Doctors Pass to approximately 21st Avenue South). Estimated project start date: Estimated project duration: October/November 2004 6 months Total TDC Tax Funds Requested: $9,914,600 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes (X) No ( ) Agenda Item No. 16F5 April 13th, 2004 Page 4 of 9 Collier County Tourist Development Council Category "A" Grant Application Page 2 Vanderbilt, Pelican Bay and Clam Pass Park Beach Renourishment PROJECT BUDGET PROGRAM ELEMENT AMOUNT TDC Funds Requested $9,914,600 CitylTaxing District Share $0 State of Florida Share ($2.675.000 may be funded) $0 Federal Share(S1.200,000 may be funded) $0 TOTAL $9,914,600 PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) Construction contract - dredging g~n~neerine services $9,400,000 $ 514.600 $ TOTAL $9,914~600 I have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will comply with all guidelines and criteria. Signature of Sponsor Organization's Chief Official Date EXHIBIT A Agenda Item No. 16F5 April 13th, 2004 Page 5 of 9 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Renourishment and Pass Maintenance Pelican Bay Beach Renourishment Name and Address of Project Sponsor Organization: Naples, FL 2. Contact Person, Title and Phone Number: Name: Address: City ST__ ZIP Phone: FAX: Other: 3. Organization's Chief Official and Title: 6. 7. 8. Details of Project- Description and Location: Offshore renourishment of approximately 65,000 cubic yards of sand on Pelican Bay beach from south of the Ritz to R-37 (approximately 1,500 feet south of the northern beach facility). Estimated project start date: October/November 2004 Estimated project duration: 6 months Total TDC Tax Funds Requested: $632,900 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes (X) No ( ) Agenda Item No. 16F5 April 13th, 2004 Page 6 of 9 Collier County Tourist Development Council Category "A" Grant Application Page 2 Vanderbilt, Pelican Bay and Clam Pass Park Beach Renourishment PROGRAM ELEMENT PROJECT BUDGET AMOUNT TDC Funds Requested $632,900 City/Taxing District Share $738,300 State of Florida Share ($345,000 may be funded) _~ Federal Share $0 TOTAL $1,371,200 PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) Construction contract - dredgin~ Engineering services $1,300,000 $ 71,200 $ TOTAL $1,371,200 I have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will comply with all guidelines and criteria. Signature of Sponsor Organization's Chief Official Date EXHIBIT A Agenda Item No. 16F5 April 13th, 2004 Page 7 of 9 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Renourishment and Pass Maintenance Vanderbilt and Clam Pass Park Beach Ren°urishment 1. Narae and Address of Project Sponsor Organization: Collier County Board of County Commissioners (Parks & Recreation Department) 3301 Tamiami Trail East Naples, FL 34112 2. Contact Person, Title and Phone Number: Name: Address: City ST ZIP Phone: FAX: Other: 3. Organization's Chief Official and Title: Commissioner Donna Fiala, Chairman Board of Coun _ty Commissioners 4. Details of Project- Description and Location: Offshore renourishment of approximately 150,000 cubic yards of sand on Vanderbilt and Clam Pass Park beaches. Specifically: Vanderbilt beach from Delnor-Wiggins State Park to south of the Ri~ Clam Pass Park (-1/2 mile south of Clam Pass) to the City of Naples limits 6. 7. 8. Estimated project start date: Estimated project duration: October/November 2004 6 months Total TDC Tax Funds Requested: $3,164,200 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes (X) No ( ) Agenda Item No. 16F5 April 13th, 2004 Page 8 of 9 Collier County Tourist Development Council Category "A" Grant Application Page 2 Vanderbilt~ Pelican Bay and Clam Pass Park Beach Renourishment PROJECT BUDGET PROGRAM ELEMENT AMOUNT TDC Funds Requested $ 3,000,000 City/Taxing District Share $0 State of Florida Share ($954,000 may be funded) $0 Federal Share(S600,000 may be funded) $0 TOTAL $ 3,164,200 PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) Construction contract - dredging Engineering services $3,000,000 $ TOTAL $3,164,200 I have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will comply with all guidelines and criteria. Signature of Sponsor Organization's Chief Official Date EXHIBIT A Agenda Item No. 16F5 Apd113th, 2004 Page 9 of 9 EXECUTIVE SUMMARY Approve Two Tourist Development Category "A" Grant Applications from the City of Naples, Approve a Budget Amendment and Approve a Standard Tourism Agreement for Beach Cleaning For Fiscal Years 2004 and 2005 in the Amount of $179,804 OBJECTIVE: To obtain approval of two Tourist Development Category "A" grant applications as recommended for approval by the Coastal Advisory Committee and the Tourist Development Council. CONSIDERATIONS: This request is for funds to purchase equipment, salary and benefits to remove algae accumulations to ensure the public beach areas remain relatively useful for residents and visitors desiring to utilize them. The following Tourist Development Category "A" grant applications were reviewed and recommended for approval by the Coastal Advisory Committee on March 11, 2004 and the Tourist Development Council on March 29, 2004 PROJECT/DESCRIPTION AMOUNT Removal of Algae/Seaweed Accumulations from City of Naples Beaches April 2004 thru April 2005 $150,000 Reimbursement For Removal of Algae/Seaweed from City of Naples Beaches September 2003 inclusive of December 2003 $29,804 The proposed project areas have public street access, are more than 80% within 1/2 mile of a beach park facility, public access point, hotel, or motel and are in corhpliance with the Category "A" Funding Policy approved by the BCC on December 16, 2003. FISCAL IMPACT: Funds are available in the Category "A" Tourist Development Tax reserves. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners:1) Approve the attached Tourist Development Category "A" grant applications for beach cleaning in the amount of $179,804 2) Approve a Budget Amendment for $179,804 3) Approve one standard Tourism Agreement with the City of Naples in the total amount of $179,804. Agenda Item No. 16F6 April 13th, 2004 Page I of 50 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F6 Approve Two Tourist Development Category "A" Grant Applications from the City of Naples, Approve a Budget Amendment and Approve a Standard Toudsm Agreement for Beach Cleaning For Fiscal Years 2004 and 2005 in the Amount of $179,804 Approve two Tourist Development Category "A" Grant Applications from the City of Naples, approve a budget amendment and approve a standard tourism agreement for beach cleaning for Fiscal Years 2004 and 2005 in the amount of $179,804. 4/13~2004 9:00:00 AM Prepared By Maria E. Bernal County Manager's Office Grants Coordinator Toursim Development Council Approved By Jack Wert County Manager's Office Tourism Director Toursim Development Council Date 412/2004 9:02 AM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 41612004 3:57 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 416/2004 4:29 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/7/2004 1:09 PM Agenda Item No. 16F6 April 13th, 2004 Page 2 of 50 __ TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES FOR THIS AGREEMENT, is made and entered into this __ day of , by and between The City of Naples, hereinafter referred to as "GRANTF~F? and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY". RECITALS: WHEREAS, CITY has submitted an application for Category "A" Tourist Development Tax Funds in the amount of for (the "Project"); and WHEREAS, the COUNTY desires to fund the Project. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN AND OTHER VALUABLE CONSIDERATION, 1T IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK. GRANTEE prepared a detailed application and proposal outlining the pass management project to be accomplished, along with a project budget, as part of the grant application process, hereinafter referred to as "Proposal", attached as Exhibit "A". GRANTEE shall provide the project activities outlined in the Proposal within the budgeted amounts provided in the Proposal. GRANTEE shall not be reimbursed for any expenditures not included in the Proposal nor be reimbursed for amounts in excess of those provided in the Proposal unless an amendment to this Agreement is entered into by GRANTEE and COUNTY. 2. PAYMENT AND REIMBURSEMENT. Agreement shall be The maximum reimbursement under this GRANTEE shall be paid in accordance with the fiscal procedures of COUNTY upon submittal of an invoice and upon Agenda Item No. 16F6 April 13th, 2004 Page 3 of 50 verification that the services described in the invoice are completed or that goods have been received. GRANTEE shall determine that the goods and services have been properly provided and shall submit invoices to the County Administrator or his designee. The County Administrator, or his designee, shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the maximum amount budgeted pursuant to the attached Exhibit "A". 3. ELIGIBLE EXPENDITURES. Only eligible expenditures described in Section 1 will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY'S written request to repay said funds. COUNTY may request repayment of funds for a period of up to one (1) year after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE. GRANTEE is required to submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as Agenda Item No. 16F6 April 13th, 2004 Page 4 of 50 additionally insured. The certificate must be valid for the duration of this Agreement and be issued by a company licensed in the State of Florida and provide General Liability Insurance for no less than the following amounts: Bodily Injury Liability - $300,000 each claim per person Property Damage Liability - $300,000 each claim per person Personal Injury Liability - $300,000 each claim per person Worker's Compensation and Employer's Liability - Statutory The Certificate of Insurance must be delivered to the County Administrator, or his designee, within ten (10) days of execution of this Agreement by COUNTY. GRANTEE shall not commence activities which are to be funded pursuant to this Agreement until COUNTY has received the Certificate of Insurance. 5. CHOICE OF VENDORS AND FAIR DEALING. GRANTEE may select vendors or subcontractors to provide services as described in Section 1. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and subcontractors and/or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of the expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 6. INDEMNIFICATION. To the extent permitted by law, GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and all suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the Agenda Item No. 16F6 April 13th, 2004 Page 5 of 50 named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. GRANTEE'S obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this Agreement or GRANTEE'S limit of, or lack of, sufficient insurance protection. 7. NOTICES. All notices from COUNTY to GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to GRANTEE at the following address: Jon C. Staiger, Ph.D., Natural Resources Manager City of Naples 735 8th Street South Naples, Florida 34102 All notices from GRANTEE to COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to COUNTY at the following address: County Manager Second Floor, Administration Building 3301 Tamiami Trail East Naples, Florida 34112 GRANTEE and COUNTY may change their above mailing address at any time upon giving the other party written notification pursuant to this section. 8. NO PARTNERSHIP. Nothing herein contained shall be construed as creating a partnership between COUNTY and GRANTEE, or its vendor or subcontractor, or to constitute GRANTEE, or its vendor or subcontractor, as an agent or employee of COUNTY. 9. TERMINATION. COUNTY or GRANTEE may cancel this Agreement with or without cause by giving thirty (30) days advance written notice of such termination pursuant to Section 7 and specifying the effective date of termination. If COUNTY terminates this Agreement, COUNTY will pay GRANTEE for all expenditures incurred, or contractual obligations incurred Agenda Item No. 16F6 April 13th, 2004 Page 6 of 50 with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. 10. GENERAL ACCOUNTING. GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement should be recorded, and all expenditures must be incurred within the terms of this Agreement. 11. AVAILABILITY OF RECORDS. GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement. GRANTEE agrees that COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after finhl payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 12. PROHIBITION OF ASSIGNMENT. GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of COUNTY. 13. TERM. This Agreement shall become effective on and shall remain effective until sixty (60) days after completion of the project described in Exhibit "A", but no later than 14. AMENDMENTS. This Agreement may only be amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. 15. RECORDATION. This Agreement shall be recorded in the public records of Collier County, Florida. IN WITNESS WHEREOF, GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. Agenda Item No. 16F6 April 13th, 2004 Page 7 of 50 DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: TOM HENNING, Chairman Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney Agenda Item No. 16F6 April 13th, 2004 Page 8 of 50 ATTEST: TARA NORMAN, City Clerk ROBERT D. PRITT, City Attorney (Corporate Seal) Agenda Item No. 16F6 April 13th, 2004 Page 9 of 50 GRANTEE CITY OF NAPLES By: BONNIE R. MacKENZIE, Mayor WITNESSES: (~) signature Printed/Typed Name (2) signature Printed/Typed Name Agenda Item No. 16F6 April 13th, 2004 Page 10 of 50 6. 7. 8. COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Maintenance - Algae/Seaweed Removal Equipment Purchase Removal of Algae/Seaweed Accumulations from City of Naples Beaeh~ Name and Address of Project Sponsor Organization: The City of Naples, 735 Eighth Street South, Naples, Florida 34102 Contact Person, Tire and Phone Number: Name: David M. Lykins, Community Services Director Address: 735 Eighth Street South City: Naples, Florida 34102 Phone: 213-7120 Fax: 213-7130 Organization's Chief Official and Title: Bill Barnett, Mayor Details of Project- Description and Location: During thc previous two years, the City has experienced heavy accumulations of algae/seaweed that washed ashore, causing access and use challenges of beach area~ within the City. Working with Collier County, City staff coordinated the removal of heavier accumulations of algae that the county staff or equipment (surf rake) was unable to remove. Significant efforts continue to be expended by the City to responsibly and timely respond to algae accumulations to insure the public beach areas remain relatively useful for residents and visitors desiring to utilize these resources. This request is for funds to purchase one 4-wheel drive tractor and one barber surf rake similar to that previously purchased by Collier County, salary and benefit costs for one vehicle operator, and base funding for the occasional rental of heavy equipment required to remove algae accumulations that the surf rake is unable to remove. Estimated project start date: 01 April 2004 Estimated project duration: one year Total TDC Tax Funds Requested: $150,000 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No (X) Agenda Item No. 16F6 April 13th, 2004 Page 11 of 50 Collier County Tourist Development Council Category "A" Grant Application Page 2 I have Removal of Algae/Seaweed Accumulations from City of Naples Beaches Equipment Purchase PROJECT BUDGET PROGRAM ELEMENT AMOUNT TDC Funds Requested $150,000 TOTAL $150,000 PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) Barber Surf Rake Model 600IID New Holland 4-wheel Drive Tractor Salary/Benefits 1 Equip. Operator Fuel & Maintenance Contractor & Heavy Equipment Rental $ 42,500 $ 42,5O0 $ 32,000 $ 3,000 $ 30,000 TOTAL $150,000 read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and maintenance and agree that my organization will comply with all guidelin, es and criteria.~ ~D~ate EXHIBIT A Agenda Item No. 16F6 April 13th, 2004 Page 12 of 50 TOURIST DEVELOPMENT CATEGORY "A" FUNDING POLICY 1. Use of TDC Category "A' funds. Category "A" Tourist Development Tax Funds shall be used for beach renourishment, beach maintenance, and beach park facilities including beach access acquisition. 2. Source of other funds. Federal or State funds are desirable and should be diligently pursued. Mandatory annual budget allocation of funds and maintenance of reserv,,x- Catastrophe reserves shall be accumulated in the budget with SIM in 2004 plus $0.5M per year thereafter up to a maximum of $10M. In the event of a catastrophe requiring the expenditure of all or pan of these reserves, $0.5M will continue to be set aside. Annual monitoring and other permit compliance requirements. Be~nning with FY 2005, these costs shall be cost-shared (if applicable) with TDC Category "A' funds at the same percentage as the project. Major renourishment reserves shall be accumulated in the budget with $2M per year aRer the completion of the major renourishrnent project currently in planning and permitting (as of November 2003; projected to start setting aside funds in FY 2006). Beach park facilities (including beach access property acquisition) shall be funded at an average of $2M per year. This funding allocation shall be adjusted annually in an amount equal to the percentage change in TDC Category "A" revenues. e. Remaining funds may be used for eligible grant applications as outlined in the policy below. 4. EligibilitF. Eligible beach areas qualify for Category "A" funding. An "eligible beach area" has: a. At least one public access point from a public street; and b. Is no more than one-half mile from a beach park facility, public access point, hotel, motel or is a vital tourism area subject to abnormal erosion, provided that if at least 80% of a beach area is classified as elig~le, otherwise ineligible gaps will be deemed eligtnole. 5. Level of usa Eligible beach areas arc classified according to use. a. "High use" is an eligible beach area within one-half mile of a hotel, motel, d. esignated public parking or public shuttle drop-offpoint. b. "Low use" is an eligible beach area outside the limits for high use, provided that if at least 80% of a beach area is classified as high use, low use gaps will be deemed high use. 6. Level of service. Eligible beach areas qualify for Category "A" funding based on use. a. An eligible low use beach area qualifies for "minimum maintenance," meaning renourishment sufficient to provide minimum shoreline protection for a projected period of five years, including maintenance, monitoring and testing on a periodic basis as needed. b. An eligible high use beach area qualifies for full renourishment, meaning additional renourishment intended to enhance beach width for recreational or other public purpose. Agenda Item No. 16F6' April 13th, 2004 Page 13 of 50 c. Additional Category "A" funding may be provided for eligible low use beach areas for renourishment in addition to minimum maintenance, provided that at least 60% of thc incremental cost is funded by private or other non-County sources. 7. Inlet Sand Bypassing. The bypassing of sand across inlets may be funded by Tourist Development Tax Category "A" funding provided the Inlet Management Plan recommends the bypassing and the sand will be placed on an Eligible beach. No TDC Category "A" funding will be approved for dredging non-beach compatible material. Permit requirements, such as profile monitoring and beach tilling, will be funded the same way as the bypassing. 8. Shore protection structures and project sponsorship. Projects, including construction and maintenance of shore protection structures (groins, jetties, breakwaters, etc.), may be funded by Category "A" funding for eligible beaches. However, 'ownership' respons~ilities must rest with an entity other than "Tourist Development Taxes" - i.e. there must be a project sponsor (private interests, taxing districts, municipalities or County Departments other than those funded with Tourist Development Taxes). 9. Grant Application Review. The Coastal Advisory Committee and the Parks and Recreation Advisory Board will prepare and maintain a proposed prioritized annual spending plan for the use of Tourist Development Tax Category "A" funds, with a ten year projection. The proposed plans will be submitted to the Board of County Commissioners (BCC) for their consideration and approval, via the TDC. These submissions will coincide with the annual Collier County budget cycle. The Coastal Advisory Committee will review all requests for Tourist Development Tax Category "A" funds, with the exception of County maintained beach park facilities that will be handled by the Parks and Recreation Advisory Board. Both advisory boards will make recommendations for approval, denial or modification to the BCC, via the TDC, consistent with the BCC estabhshed policy for use of these funds. Agenda Item No. 16F6 April 13th, 2004 Page 14 of 50 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Maintenance - Algae/Seaweed Removal Reimbursement Removal of Algae/Seaweed Accumulations from City of Naples Beaches 6. 7. 8. Name and Address of Project Sponsor Organization: Th~ City of Naples, 735 Eighth Street South, Naples, Florida 34102 Contact Person, Title and Phone Number: Name: David M. Lykins, Community Services Director Address: 735 Eighth Street South City: Naples, Florida 34102 Phone: 213-7120 Fax: 213-7130 Organization's Chief Official and Title: Bill Barnett, Mayor Details of Project- Description and Location: During the months of September 2003 inclusive of December 2003, the City experienced heavy accumulations of algae/seaweed that washed ashore, causing access and use challenges of beach areas within the City. Working with Collier County, City staff coordinated the removal of heavier accumulations of algae that the county staff or equipment (surf rake) was unable to remove. Significant efforts were expended by the City to timely insure the public beach areas remained relatively useful for residents and visitors desiring to utilize these resources. The costs for the removal of the algae/seaweed totaled expenditures of $29,804 in unbudgeted funding realized by the City. This request is for funds to reimburse the City for the costs of the cleanup associated with the algae/seaweed removal from City beach areas. Estimated project start date: 01 September 2003 Estimated project duration: one year Total TDC Tax Funds Requested: $29,804 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No (X') Agenda Item No. 16F6 Apdl 13th, 2004 Page 15 of 50 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Maintenance - Algae/Seaweed Removal Reimbursement Removal of Alga&Seaweed Accumulations from City of Naples Beaches o 6. 7. 8. Name and Address of Project Sponsor Organization: Th~ City of Naples, 735 Eighth Street South, Naples, Florida 34102 Contact Person, Title and Phone Number: Name: David M. Lykins, Community Services Director Address: 735 Eighth Street South City: Naples, Florida 34102 Phone: 213-7120 Fax: 213-7130 Organization's Chief Official and Title: Bill Barnett, Mayor Details of Project- Description and Location: During the months of September 2003 inclusive of December 2003, the City experienced heavy accumulations of algae/seaweed that washed ashore, causing access and use challenges of beach areas within the City. Working with Collier County, City staff coordinated the removal of heavier accumulations of algae that the county staff or equipment (surf rake) was unable to remove. Significant efforts were expended by the City to timely insure the public beach areas remained relatively useful for residents and visitors desiring to utilize these resources. The costs for the removal of the algao/seaweed totaled expenditures of $29,804 in unbudgeted funding realized by the City. This request is for funds to reimburse the City for the costs of the cleanup associated with the algae/seaweed removal from City beach areas. Estimated project start date: 01 September 2003 Estimated project duration: one year Total TDC Tax Funds Requested: $29,804 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No (X) Agenda Item No. 16F6 April 13th, 2004 Page 16 of 50 Collier County Tourist Development Council Category "A" Grant Application Page 2 Removal of Algae/Seaweed Accumulations firom City of Naples Beaches PROJECT BUDGET PROGRAM ELEMENT TDC Funds Requested TOTAL PROJECT EXPENSES: AMOUNT $ 29,804 $ 29,804 (Engineering, Mobilization, Contractor, Monitoring etc) Contractor Front End Loader Rental Large Dump Track Rental $10,905 $12,055 $ 6,844 TOTAL $29,8~ I have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and maintenance and agree that my organization will comply with all guidelines and criteria. EXHIBIT A Agenda Item No. 16F6 April 13th, 2004 Page 17 of 50 TOURIST DEVELOPMENT CATEGORY "A" FUNDING POLICY 1. Use of TDC CategorF ",4" funds. Category "A" Tourist DeveloPment Tax Funds shall be used for beach renourishraent, beach maintenance, and beach park facilities including beach access acquisition. 2. Source of other funds. Federal or State funds are desirable and should be diligently puxsucd. 3. MandatorF annual budget allocation of funds and maintenance of reserves. Cataslrophe reserves shall be accumulated in the budget with SIM in 2004 plus $0.5M per year thereafter up to a maximum of $10M. In the event of a catastrophe requiring thc expenditure of all or part of these reserves, $0.5M will continue to be set aside. Annual monitoring and other permit compliance requirements. Beginning with FY 2005, these costs shall be cost-shared (if applicable) with TDC Category "A" funds at the same percentage as the project. Major renourishment reserves shall be accumulated in the budget with $2M per year after the completion of the major renourishment project currently in planning and permitting (as of November 2003; projected to start setting aside funds in FY 2006). ck Beach park facilities (including beach access property acquisition) shall be funded at an average of $2M per year. This funding allocation shall be adjusted annually in an amount equal to the percentage change in TDC Category "A" revenues. e. Remaining funds may be used for eligible grant applications as outlined in the policy below. 4. EligibilitF. Eligible beach areas qualify for Category "A" funding. An "elig~le beach area" has: a, At least one public access point from a public street; and b. Is no more than one-half mile from a beach park facility, public access point, hotel, motel or is a vital tourism area subject to abnormal erosion, provided that ff at least 80% of a beach area is classified as eligible, otherwise ineligible gaps will be deemed eligible. 5. Level ofus~ Elig~le beach areas are classified according to use. a. "High use" is an eligible beach area within one-half mile of a hotel, motel, designated public parking or public shuffle drop-off point. b. "Low use" is an elign~ole beach area outside the limits for high use, provided that if at least 80% of a beach area is classified as high use, low use gaps will be deemed high use. 6. Level of service. Eligible beach areas qualify for Category "A" fimding based on use. a. An eligible low use beach area qualifies for "minimum maintenance," meaning renourishment sufficient to provide minimum shoreline protection for a projected period of five years, including maintenance, monitoring and testing on a periodic basis as needed. b. An eligible high use beach area qualifies for full renourishment, meaning additional renourishment intended to enhance beach width for recreational or other public purpose. Agenda Item No. 16F6 April 13th, 2004 Page 18 of 50 c. Additional Category "A" funding may be provided for eligible low use beach areas for renourishment in addition to minimum maintenance, provided that at least 60% of the increnx~ntal cost is funded by private or other non-County sources. 7. Inlet Sand BFpassing. The bypassing of sand across inlets may be funded by Tourist Development Tax Category "A" funding provided the Inlet Management Plan recoum~ends the bypassing and the sand will be placed on an eligible beach. No TDC Category "A" funding will be approved for dredging non-beach compatible material. Permit requirements, such as profdc monitoring and beach tilling, will be funded the same way as the bypassing. 8. Shore protection structures and project sponsorship. Projects, including construction and maintenance of shore protection structures (groins, jetties, breakwaters, etc.), may be funded by Category "A" funding for eligible beaches. However, 'ownership' responsibilities must rest with an entity other than "Tourist Development Taxes" - i.e. there must be a project sponaor (private interests, taxing districts, municipalities or County Departments other than those funded with Tourist Development Taxes). 9. Grant Application Review. The Coastal Advisory CommitC. ee and the Parks and Recreation Advisory Board will prepare and maintain a proposed prioritized annual spending plan for thc use of Tourist Development Tax Category "A" funds, with a ten year projection. Thc proposed plans will be submitted to thc Board of County Commissioners (BCC) for their consideration and approval, via the TDC. These submissions will coincide with the annual Collier County budget cycle. The Coastal Advisory Committee will review all requests for Tourist Development Tax Category "A" funds, with the exception of County maintained beach park facilities that will be handled by the Parks and Recreation Advisory Board. Both advisory boards will make recommendations for approval, denial or modification to the BCC, via the TDC, consistent with the BCC established policy for use of these funds. Agenda Item No. 16F6 April 13th, 2004 Page 19 of 50 Memo City of Naples, Florida TO: FROM: DATE: RE: DAVE LYKZNS~ COIVlMUNZTY SERVICES DIRECTOR BILL SHELBURNE~ P&P SUPERZNTENDENT OF OPERATI'ONS ~ .1ANUARY 27~ 2004 SEAWEED REt4OVAL - SEPTEt4BER THROUGH DECEt4BER 2003 The total cost to Park OperaUons from September 2003 through December 2003 for contracted services and equipment rental was $29,80~. The two categories associated with the seaweed/algae cleanup are contracted services and rental equipment (loader and truck rental). This cost does not include labor for City operators or City equipment used for the operation and disposal fees. We experienced heavy accumulations of seaweed beyond the capabilities'of the Collier County beach rake from September through mid-December 2003. We responded in September through early November 2003 using contractors, City equipment and rental equipment. Since the Parks and Parkways Division received many calls during season (complaints from ciUzens, guest and commercial resort property owners), we elected to rent equipment to provide response as necessary through the Christmas holidays. During this time we responded to more than fifteen (15) different events. The worst occurred just before Thanksgiving on November 22nd and 23rd, .when we removed approximately 960 cubic yards or 480 tons. Forty-eight (48) roll off containers were collected and removed from the Park Shore beaches alone. I suspended rental of equipment as of December 31, 2003, since occurrences were less frequent and the Collier County beach rake was again in service with a minimum of complaints. Please advise if you need additional information. Attachments Agenda Item No. 16F6 April 13th, 2004 Page 20 of 50 1B/B8/20B3 82:25 9416576033 E 82 LIGHTN~R CONTRAC~G, INC. P. O. Box 5189 ~mmokalee, FL 34143 239-~57-4300 Fax 239-65g-6157 CAty of N~e~ 280 Riverside Circle Naples, FL 34'10'2 ocr ' ' ' 8 2003 Invoice, Dale Invoice 9/18/2003 8321 __ T~cket# Item Ouan~ ~ Rate Amount =~o~ D~. T~ ~ " ~ ~k ~o.~ :~0.~" ~ Y~ F~'Y~ B~ ........ Agenda Item No. 16F6 April 13th, 2004 Page 21 of 50 'LIGHTNER CONTRACTING, INC. P. O. Box 5189 Immokalee, FL 34143 239-657-4300 Fax 239-658-6157 Bill To City of Naples Parks/Parkway Operations 280 Riverside Circle Naples, FL 34102 Invoice Date Invoice # 9/19/2003 8289 Terms Project TermsNet tODays PO # 035481 ~ Ticket # Item Quantity Description Rate Amount 22818 D25 Dump... 8. Dump Track 95.00 760.00 ! ' SEP 2:~ ~003 Thank You For Your Business! A I 1/2% Service Charge'W~l Be Applied After 30 Days. Total $760.00 Agenda Item No. 16F6 April 13th, 2004 Page 22 of 50 NAPLES, FL 34104. Rentals: 'RENTAL RETURN -:,..-.,!:,~ ........... .~.~:?~ ~,%~:..-~.~.~?' ...: .- ~-~...:.:~..~.~:~.~.:~,...~:~:.~-...-.'-.,.-:~:;~:~:~-~-.-~ , .~. -~.:~ ..~ .. ~:~..,.-.~ ....... ,.,.~.~ .~.,?.~ ..................... ':'"" ':" ":' :'" .....~.~i ' ' ' ~ ' ~.~-'?":~'*~-:~:"'::~:~*~:~';::':':':~':':":~:':~ ~.~. :~ ~ . .. ~. .::~..i~ii:::~:::~::~:~.-:.::~.~:~.~.~.,:~:~.~::,~..:~:~.-~ ....... ~ ~: :'s , . .~,.~.:~::::::~*.*~...-.:::::::.....~:~.:~x.::$~'.~.~.::~:~.,.:... .... * . ...'.~ .... . · - cc-:. c ,~ --.'..~.~ --:.:-:.!~.:~...~.:-~?.,:...::o:...-:~-:-,:::¥'~ ~~~~.~ ........... ..... .~ -:: i'.~' ~ ,--~:,?. ~::? ~. ---.~.~-... ............. ';:~. .... ....... .~.~: ~.~ ~.~.~. ~%.::.,.~; .......... ~. '~:.~.~:.~?.:~ ~:.~:..-~.'.. ~ :::~ . ~ :.:-~:.:.:..~i ,~%!~.~.s:..:,~ :.:.~,.::.: ~- ..:...:.: ~i:-':'~~ii~'E~:.'."~{~'""' ': ' '~ '~ ~ ' [~$~::i~c~:~::~:~:~t-~c:~::~`:~!~!¢~:~:~:~::g~::~1~:~:~-~:~]:~:~ ~~':,~.,~.,...:~-..~.:~.~.:.~ ~IFZT~ ]~,~.,~ (NORTH A~.ZC~), ~ BOX 1007711 &T~l.-'¢~&, g& 30384-0'711 I TRUCK DUMP 5YD CLASS C * 232.00 .232.00 824.00 2060.00 .. 824.00 101893 Make: FORD Model.: F6S0 Set ~: 3FDWF65AXYMA01531 MI OUT: 25566.00 MI IN: 25632.00 TOTAL: 66.00 * SAL~S ~T~S: Oty Item number Stock class Unit Price Amount I ~ MCI EA 3. 950 3.95 ENVIRONM~ITTAL CHARGE DELIVERY CHARGE 45 . 00 PICKUP CHARGE 4S. 00 RENTAL PROTECTION DECLINED Sub-total: -917.95 Total~ 917.95 RECEIVED SEP 2 2 20113 FINANCE DEPT A LARGER FONT COPY OF THE TERMS AND CONDITIONS iS AVAILABLE UPON REQU INVOICE ,ORIGINAL INVOICE 9119/03 THANK YOU FOR RENTING FROM H'F~RTZ! CUSTOMER NUMBER: 4252850 RES/QUOTE NUMBER: 6480929 DOCUMENT NUMBER: CITY OF NAPLES 735-8TH STR SOUTH NAPLES, FL 34102-6703 SHIPPING ADDRESS: CITY OF NAPLES 1500 GULFSHORE BLVD N LOWDERMILK PARK NAPLES, FI. 34103 HERTZ LOCATION: 212 4226 DOMESTIC AVE , NAPLES, FL 34104 239-434-7706 PO NUMBER: JOB NUMBER: ORDERED BY: SIGNED BY: DELIVERED BY: RENTAL START DATE: CLOSED BY: SALES REP:. INVOICE FROM DATE: INVOICE THRU DATE: ORIGINAL ADJ PAYMENT TERMS ARE NET 10 DAYS Custom~' ia respo~sible for FUEL, FLATS, DAMAGE and CLEANUP FEES. LATE CHA, RCES MAY APPLY FOR CUSTOMER SERVICE AND BILLING ~'~Q~ CALL DIRECT PAYMENT TO: HERTZ EQUIPMENT RENTAL P.O. BOX 26390 OKLAHOMA CITY, OK 73126-0390 35479 1 - CITY OF NAPLES BEN, COAPLIN HERTZ 9/13103 14:00 9/13/03 14.01 9/17103 14:00 RECEIVED 0 1 2 03 FINANCE DEPT OCT 0 ~ ~00~ TOTAL TRUCK/BOXDUMP/5-6YD/DSL 150.00 150.00 495.00 1400.00 656090463 Make: FORD Model: F750 Ser %: 3FDPF7564YMA37611 450.00 Miles Free: 50 250 MI OUT: 20768.00 MI IN: 20840.00 MI USED: 72.00 FREE: 150.00 EXCESS: 0 MIL CHG: .25 ENVIRONMENTAL RECOVERY FEES 6686000001 SALES I~EMS: Qty Item number 4 REFUEL 4041000001 9/17/03 001 HERTZ CHARGE Unit Price EA 4.500 750 3.50 18.00 CiTY OF NAPLES Detach and send bottom portion with p~.~-,~,~. 9I 19/03 Custome~ Number: 4.252850 735-8TH STR SOUTH NAPLES. FL 34102-6703 April 13th, 2004 Page 24 of 50 INVOICE ~ ORIGINAL INVOICE 9119103 CUSTOMER NUM~: 4252850 RES/QUOTE NUM~: ~09~ ~ME~ NU~ER: 503~1 CITY OF NAPLES 735-8TH STR SOUTH NAPLES, FL 34102-6703 SHIPPING ADDRESS: CITY OF NAPLES 1500 GULFSHORE BLVD N LOWDERMILK PARK NAPt. ES. FL 34103 HERTZ LOCATION: 212 4226 DOMESTIC AVE NAPLES, FI. 34104 * 239-4,34-7706 PO NUMBER: 35479 JOB NUMBER: I * CITY OF NAPLES ORDERED BY: BEN, COAPUN SIGNED BY: WC, SCHELBURNE DELIVERED BY: HERTZ RENTAL START DATE: 9113103 14:00 CLOSED BY: TROY A. HUFFINE SALES REP: KENNETH HOOD' RENTAL DAYS: 3 INVOICE FROM DATE: 9113/03 14:01 INVOICE THRU DATE: 9117/03 14:00 ORIGINAL ADJ TOTAL PAYMENT TERMS ARE NET 10 DAYS Customer is reSPonSible for FUEL, FLATS, DAMAGE and CLEANUP FEES. LATE CHARGES MAY APPLY FOR CUSTOMER SERVICE A1N'D BILI.ING INQUIRIES CALL 1-800-456-649~ DIRECT PAYMENT TO: HERTZ EQUIPMENT RENTAL P.O. BOX 26390 OKLAHOMA CfTY, OK 73126-0390 RENTAL CHARGES 450.00 450.00 SALES ITEMS 3.60 3.50 FUEL CHARGES 18.00 18.00 DEUVERY/PICK UP 130.00 130.00 TOTAL CHARGES 601.50 601.50 NET DUE RECEIVED OCT 0 1 2G03 FINANCE DEPT Day ~'eek 4, Week 601.50 Detach .nd ~end bottom portion with payment. CITY OF NAPLES 735-8TH STR SOUTH NAPLES, Ft. 34102-6703 9119103 Customer Number: 4252850 Document Number:. 60304494)01 PLEASE PAY THIS AMOUNT~pri] 13th 2004 6o~ .so Page 25 of 50 ~ United 33912 239°758-0026 Rentals *RENTAL RETURN .INVOICE i .LOADER AR.T 2YD. * 350.00 * ' '350.00 1494.00 ' 3605.00 1494.00 255537US Make: JOHN DE.ERE .*Model:' 444H Set ~: DW~44HX567043 . HR OUT: 3816,50 · .HR IN:- 3835.00 TOTAL: 18,50 SA/~ES ITEMS: Qty Item number 1 ENV ENV I RONMEI~T~ C~IARGE 2 DSL DIESEL DELIVERY CHARGE Stockclass Unit Price Amount MCI EA 7.170 ' 7,17 MCI 'EA 3,990 7,98 PICKUP CHARGE sO.oo 50.00 1-75 TO PINE RIDgE-WEST TO ~I-LEFT TO BANYON - RIGHT TO LAUDERMILK PARK, BIG PARKING LOT WITH SEA WEED, Sub-total: 1601,17 Fuel: 7,98 Rental protection: 209,16 Total~ 1818.31 A LARGER FONT COPY OF THE TERMS AND CONDITIONS I$ AVAILABLE UPON 15age 26 of 50 RENTAL RETURN I ' OI E I LOADER ART 2-2-1/2 YD. * 350.00 350.00 '1545.00 3708.00 1895.00 146380 Make: JCB Mod~l: 426B Ser #: 544032 HR OUT: 2555.00 'HR IN: 2590.90 TOTAL: 35.90 - EQUIP. # 146380 HOURS OUT= SALES ITEMS: Qty Item number Stock class Unit Price Amount 1 ENV MCI EA 9.090 9.09 ENVIRONMENTAL CHARGE 28 DSL MCI 'EA 3. 990 111.72 DIESEL DELIVERY CHARGE PICKLTPCHARGE 50.00 50.00 I~75 TO PINE RI[X]EiWEST TO 41-LEFT TO BANYON-RIGHT TO LAUDERMILK PARK TO BIG PARKING LOT. RENTAL PROTECTION DECLINED sllb-total: 2004.0~ F~el: 111.72 Total: 2115.81 RF_..CF_..tV ED SEf~ Z 9 o o o o o o o Agenda Item No. 16F6 April 13th, 2004 Page 28 of 50 COMMUNITY SERVICES INVOICE LOG AMOUNT OF P.O: /O 100 iQ,,' O ~ v.o.#: ._¢/~ 8~ .3 C059vlODITY / b-TlB COM:MOD~: ~'3' O -- o ~ ..~ '"' CAPITAL PROJECT #: TO FINANCE INVOICE NUMBER INVOICE DA'iii INVOICE AMOUNT BALANCE OF P.O Agend, Item No. 16F6 /~pril 13t)~ 2004 3e 29 of ~u PAGE: 1 RECEIVING REPORT IP TO: =ARKS & PARKWAYS OPERATNS RECEIPT NO.: 61332 VENDOR: EARTH TECH ENTERPRISES, INC. P.O. NO.: 036863 DATE: 1/15/04 VENDOR NO. 760~ DELIVER BY SHIP VIA F.O.B. 9/30/04 CONFIRM BY CONFIRM TO JEAN GUY REQUISITIONED BY LLK FREIGHT CONTRACT NO. REQ. NO. REQ. DATE 1/lS/04 LINE QUANTITY NO. RECEIVED UOM ITEM NO. AND DESCRIPTION UNIT COST 2 1.00 EA 1.00 EA 4 1.00 EA 930 063 EQUIPMENT REIqTAL 2400.0000 MAC"HINERY & HEAVY HARDWRE I ~2002012142. 10/27/03 930 063 EQUIPMENT RENTAL 920.0000 MACHINERY & HEAVY HARDWRE I #2002012168 11/3/03 930 063 EQUIPMENT RENTAL 5475.0000 MACHINERY & HEAVY HARDWRE I ~2002012172 11/25/03 RECEIVED BY: LARRY KIRBY RECEIVED DATE: 1/lS/O~ Agenda Item No. 16F6 April 13th, 2004 Page 30 of 50 Earth Tech Enterprises, Inc. 110 23rd Street, N.W. NAPLES, FL 34120 ~: 239 348-9637 Fax: 239 455-0807 Invoice No.: 2002012142 Page No.: 1 Date: 10/27/03 Customer No.: ClT Attention: B~I Shelbume Shipped VIA Tm ! Due Date P,O. Number Salesperson 3Odays 11/26/03 ~ .~,~, =~ ~ I 2.00. Offroad truck per day 1,000.00 2,000.00 1.00 Mobilization of Equipment 400.00 400.00 Item Total Plus Shipping Plus Sales Tax Invoice Total Less Discount Available if paid by 10/27/03 Less Payments Received Less Discount Honored Total Oue $ 2,400.00 0.00 0.00 2,400.00 0.00 0.00 0.00 Agenda Item No. 16F6 April 13th, 2004 Page 31 of 50 Earth Tech Enterprises, Inc. 110 -23rd Street, N.W. NAPLES, FL 34120 Phone: 239 348-9637 Fax: 239 455-0807 Invoice No.: 2002012168 Pa~e I~o.: 1 Date: 11/03/03 Customer No.: CIT Attention: Bill Shelbume Shipped VIA Terms I Due Date P.O. Number Salesperson Quantay Desc~p~o. Ur~t Prk~ Extended Amount 1.00 Mobilization of Equipment 200.00 200.00 8.00 Loader per hr. · 90.00 720.00 Item Total 920.00 Plus Sh~pping 0.00 Plus Sales Tax 0.00 Invoice Total 920.00 Less Discount Available if paid by 11103/03 0.00 Less Paymerd3 Received 0.043 Less Discount Honored 0.00 Total Due $ 920.00 NOV g. 5 2003 Agenda Item No. 16F6 April 13th, 2004 Page 32 of 50 Earth Tech Enterprises, Inc. 110 23rd Street, N.W. NAPLES, FL 34120 Phone: 239 348-9637 Fax: 239 455-0807 Invoice No.: 2002012172 Page No.: 1 Date: 11/25/03 Customer No.: ClT Attention: Bill Shelbume Shipped ViA T~,~,s I Due Date P.O. Number Sa~ 30days, 12/25/03 ~ $~,~,~ ~ Quantity Description. Un{t Price Extended Amount 10.00 11/22 Loader per hr. 90,00 900.00 10.00 11/22 Off-mad truck per hr. 100.00 1,000.00 20.00 11/22 2 ea.. Operators per hr. 30.00 600.00 10.00 11/23 Loader per hr. 90.00 900.00 10.0o 11/23 Off-road truck per hr. 100.00 1,000.00 10.00 11/23 Operator per hr. 30.00 300,00 1.00 Mobilization of Equipment 600.00 600.00 100.00 Diesel fuel per gallon 1.75 175.00 DEC 0 ] 2003 Item Total 5,475.00 Plus Shipping 0.00 Plus Sales Tax 0.00 .,/ Invoice Total Less Discount Available if paid by 11/25/03 Less Payments Received Less Discount Honored 5,475.00 0.00 0.00 0.00 Total Due $ 5,475.00 Agenda Item No. 16F6 April 13th, 2004 Page 33 of 50 Blanket Order Rece{pt~ Processing Oa~dpd~a: RED Tll3E Vemlec 0~][:]04 I Oa onler ~: 9795.00 ~ Pm, d~asm4 '. 1100.06 I,~arallabla: 1DG.OO Agenda Item No. 16F6 April 13th, 2004 Page 34 of 50 R'E C E I V I N G REPORT PAGE: SHIP TO: PARKS & PARKWAYS OPERATNS RECEIPT NO.: 60566 VENDOR: EARTH TECH ENTERPRISES, INC. P.O. NO.: DATE: VENDOR NO. 7609 036863 1/o6/o4 DELIVER BY SUIP VIA F.O.B. 9/30/O4 CONFIRM BY CONFIRM TO REQUISITIONED BY JEAN GUY ILK FREIGHT CONTRACT NO. REQ. NO. ~EQ. DATE ~/o6/o4 LINE QUANTITY NO. RECEIVED UOM ITEM NO. AND DESCRIPTION UNIT COST I 1.00 EA 930 063 EQUIPMENT RENTAL 1100.0000 MACHINERY & HEAVY HARDWRE I #2002012185 12/3/03 RECEIVED BY: LARRY KIRBY RECEIVED DATE: ~/o6/o4 Agenda Item No. 16F6 April 13th, 2004 Page 35 of 50 -Earth Tech Enterprises, Inc. 110 23rd Slmet, N.W. NAPLES, FL 3412O Phone: 239 348-9637 Fa~c 239 455-0807 Invoice No.: 2002012185 · 12/03/03 Customer No.: Attention: Bill Shetbume ~ Shipped VIA ' T~s I Due Date P.O. Number ' ~. Salespemor~ ~'' 3o ~y~, o~o2~o~ -eee,.~ ~/~ g ~5 ..... Quantity l::)esc~ption . Unit Price Extended Amount 10.00 11/26 Loader w/root rake 90.00 g00.00 1.00 Mobilization of Equipment 200.00 .200.00 Item Total 1,1 00.00 Plus Shipping 0.00 Plus Sales Tax 0.00 Invoice Total Less Discount Available if paid by 12/03/03 Less Payments Received Less Discount Honored Total Due $ 1,100.00 0.00 0.00 0.00 1 ,t 00.00 Agen0a Itom No. 16F6 April 13th, 2004 Page 36 o[ 50 VI~doc Eliclhm d~sls: ExlIk'alian d~t~: 1110.00 ,00 Agenda Item No. 16F6 April 13th, 2004 Page 37 of 50 -BLANKET ORDER ** PURCHASE ORDER Cit t of . Va.p s 1 1'O: EARTH TECH ENTERPRISES, 110 23RD STREET NW NAPLES, FL 34120 INC .SHIP TO: CITY OF NAPLES PARKS/PARKWAYS OPERATIONS 280 RIVERSIDE CIRCLE NAPLES, FL 34102 7609 CSD/LARRY/BILL/OPO 56204 12/22/03 ',COUNT 109135724 RED TIDE & SEAWEED CLEANUP - EFFECTIVE DATE: EXPIRATION DATE: NOT TO EXCEED: 12/3o/o3 o9/3o/o 10000.0 REMARKS: HEAVY EQUIPMENT FOR RED TIDE & AMOUNT 0.00 PLEASE SEND INVOICE IN DUPUCATE TO: - CITY OF NAPLES ACCOUNTS PAYABLE 735 EIGHTH STREET SOUTH NAPLES, FLORIDA 34102 PHONE: (239) IMPORTANT - TO RECEIVE PAYMENT ALL INVOICES AND SHIPPING LABELS MUST SHOW PURCHASE ORDER NUMBER T.s~...Ex~p~ No. 21~OOlggg2-B40 FEDERAL I_D_ NO: 59-6000382 I CERTtFY THAT THE ABOVE PURCHASE IS MECESSAR¥ ~ THE pROPER OPERATION OF THE CITY OF "APLES AND ' THE FUNDS ARE APPROPRIATED IH THE CURRENT BUD(; .,ITION BY: CSD/LARRY/BILL/OPO lIP TO LOCATION: PARKS & PARKWAYS OPERATNS NE PURCHASE REQUISITIUN NBR: 0000056204 STATUS: DIVISION APPROVAL REASON: RED TIDE & SF-/~CEED CLEANUP - p&p SUGGESTED VENDOR: 7609 EARTH TECH ENTERPRISES, INC. UNIT EXTEND , ~ DESCRIPTION QUANTITY UOM COST COST HEAVY EQUIPMENT FOR RED TIDE & SEAI~EED CLEANUP COIVlflC)DITY: EQUIPMENT RENTAL SUBCOPHOD: MACHINERY & HEAVY HARDWRE DATE: 12/30/03 DELIVER BY DATE: 9/30/04 VENDOR PART NUMBER 1.00 EA 10000.0000 10000.00 REQUISITION TOTAL: 10000.00 ACCOUNT INFORMATION _INE # ACCOUNT PROJECT % 1 00109135724615 REPAIR AND MAINTENANCE RED TIDE CLEAN-UP 100.00 AHOUNT 10000.'00 REQUISITION IS IN THE CURRENT FISCAL YEAR. 10000.00 Agenda Item No. 16F6 April 13th, 2004 Page 39 of 50 COMMiJNI~Y SERVICES INVOICE LOG AMOUNT OF P.O: / 0,~ O0 0.'0 0 P.O.#: DMSlON: ACCOUNT NUMBER: COMMODITY / SUB COMMODITY: CAPITAL PROJECT #: Page 40 of 50 PAGE: RECEIVING REPORT SHIP TO: PARKS & PARKWAYS OPER~TNS RECEIPT NO.: 60559 VENDOR: NATIONSRENT OF FLORIDA DELIVER BY SHIP VIA 9/30/04 F.O.B. P.O. NO.: DATE: VENDOR NO. 9O 036867 1106104 CONFIRM BY FREIGHT CONFIRM TO JEAN GUY CONTRACT NO. REQ. NO. REQUISITIONED BY LLK REQ. DATE ~/o6/o4 LINE QUANTITY NO. RECEIVED UOM ITEM NO. AND DESCRIPTION UNIT COST 1 1.00 2 1.00 3 1.00 EA 930 063 EQUIPMENT RENTAL 794.0000 MACHINERY & HEAVY HARDWRE I ~35-1728863 11/24/03 EA 930 063 EQUIPMENT RENTAL 1332.0000 MACHINERY & HEAVY HARDWRE I ~35-1733776 12/1/03 EA 930 063 EQUIPMENT RENTAL 5995.0000 MACHINERy & HEAVY HARDWRE I ~35-1746454 1/3/04 RECEIVED By: I~y KIRBY RECEIVED DATE: 1/06/04 Agenda Item No. 16F6 April 13th, 2004 Page 41 of 50 -. ~.. NatlonsRent .4351 Equity Drive · .. Columbus, OH '43228 Closed -- Invoice' . .. NaflonsRent #35-Nap~vle · 2600 Davls Blvd. ' N~PLE6, FL 34104 *****/**AUTO**ALL FOR AADc 335'. ' CITY OF NAPLES .... 280 13TH ST. NORTH ' A~-rN;. SANDY 3. 1 NAPLES, FL 34102-1402 h,lh,h,h,,lllh,,,,hh,,Ihl,,lll,,;.hll.l,ll.;,I,l,! Horizer{ Beach Gulf ShoreN CONTRACT/INVOiCE 0035 1728863 .ORIGINAL e 1728863 ". PREVIOUS # 0 ... Process .Date 11-24-03 R,onal Wylie. .- 239-213-4748 94!-434.4659 11-22-03 07:30am 11-29-03 . 07:30am 11-24-03 07:31am 1 ~6 01080'0044512 . 3105.0 : Jobin'Deere"644H Wheel Loader 4~ 600000092003 Fue~ Diesel 'Off Road EAVv'IRO~AL FEE DELIVER / PICKUP CFiARGE. 3119:0 DW644HX574~12 " 52~.00 ~,850.00 -5,250.00 .O.OO : ..0. O0 ' 0;00 :-525.oo 9t.00 15.00 oo.00 >> DELIVER ON 11-22-03 AT 07:30am PICK UP 11-24-03 AT 07:31am << >> PICKING TICKET CALLED IN ON 0 07:31am >> BY Contact: Horizen Beach HoHzen Beach Gulf ShoreN,- ~ NAPLES, FL 34102 MAP CODE: Eemit Na. tionsRent To: P.O. Box 281961 GA 30384-196~ Agend NafionsRent 43Sl Equity Drive Columbus, OH 43228 Closed -- Invoice NatlonsRe~t ~3S-Naples/Davis 2600 Davis Btvd NAPLES, FL 34104 2~9-774-7117 ......... AUTO"MIXED AADC 440 CITY OF NAPLES 280 13TH ST. NORTH ATTN: SANDY 4 1 NAPLES, FL 34102-1402 I,,11,,I,,i,,,1111,,,.,I,1,,,11,1,,!11,,,,,I,I1,,!,11,,,,I,i,I CONTRACT/INVOICE 0035 173377( ORIGINAL# 173377( PREVIOUS # ( Process Date 12-~ Ronal Wylie 239-213-4748 941-434-4659 11-25-03 11 :OOam 11-27-03 11 :OOam 17th Ave South 12-01-03 09:15am 010800044512 3119.0' 3127.0 DW644HX574512 1 John Deere 644H Wheel Loader 4YD 525.00 1,850.00 5,250.00 00000009~003 26 Fuel Diesel Off Road 0.00 0.00 0.00 ENVIRONMENTAL FEE ~,050.00 91.00 15.00 50.00 >> DEUVER ON 11-25-03 AT 11:00am PICK UP 12-01-03 AT 09:15am << Remi~ NaUonsRent >> PICKING TICKET CALLED IN ON 0 09:15am To: P.O. Box 281961 >> BY BILL ~ 17th Ave South, ;5 NAPLES, FL 34102 MAP CODE: Agend; ay DEL/VER / PICKUP CHARGE . t9~ ~~ SUBTOTAL 1,206.0C ~~ ~"~~ ~'*~~~~ DAMAGE WAV 126.0f ~ ~~ ~m~~=~~~ ~~ ~. '~ SALES T~ 0.0{ ~~~~~m~~ ~~~~~~ TOTAL ~. 33~. 0C ~ Si~ ~ C~~~,~ % 1,332.01 "~--': ~ ' e C~ NationsRent 4351 Equity Drive. Columbus, OH. 43228 NatlonsRent t3S-Naples/Davl$ 2t~00 Davis Blvd NAPLES, FL 34104 239-774-7117 * 239-213-4748 941-434-4659 ........ AUTO"MIXED AADC 440 CiTY OF NAPLES 280 13TH ST. NORTH ATTN: SANDY 3 1 NAPLES, FL 34102-1402 I,,Ih,l,,h,,llii,,.,I,h,,ll,l.llh,,,,I,Ih,l,ll..I,i,I Parks And Pad.rays NAPLES.FL 34102 CONTRACT/INVOICE 0035 174645 ORIGINAL # 174645 PREVIOUS # ProceSs Date 12-23-0 12-06-03 07:00am 01-03-0,4 01-03-04 010800044512 3105.0 3265.0 DW644HX574512 1 John Deere 644H Wheel Loader 4YD 525.00 1,850.'00 5,250.00 5,250.00 ENVIRO~AL FEE 15.00 100.00 ~.2.00 % e,.~..~ ~0~ SUB TOTAL 5,365 .C ~m~.~ ~.~.~ (o~,u--~WA~q~ c.I O~.Y B~ DECUNnO. ^ cem'.~.~ OF ,,=URANC~ ~ Q~ FU) DAMAGE WAV 630. ~~m~~~~~~~~' '~ SALES T~ 0 .( ~~~,~ ~ ~ .... o. ~~ ~ ~ ~ ~ ~~ ~ TOTAL : 5,995. ~ ~~W~~~ ~ .. ., -..~, .................... ~ ~'~ . ~ 0. 5, 995." ice Chg >> DELIVER ON 12-0603 AT 07:00am Contact: Parks And Parkways 280 Riverside Cir. Off Goodlette Rd Del To The First Bldg. 'solid Waste' Put In Empty Field On The South Side Of Bldg. To: · ~£---,~...,. :. Agend~~ay NaflonsRent P.O. Box 281961 COMMUNITY SERVICES INVOICE LOG VENDOR NAME: AMOUNT OF P.O: ~.o.#: 3./~ $/~ ~ DMSlON: f ~-- Y COMMODITY / SUB COMMODITY: ~'.~ O --- t> ~=, ._% CAPITAL PROJECT #: TO FINANCE INVOICE NUMBER INVOICE DATE INVOICE AMOUNT BALANCE OF P.O [.. Agenda Item No. 16F6 Page 45 of 50 RECEIVING REPORT PAGE: I TO: _.RKS & PARKWAYS 0PERATNS RECEIPT NO. :' 60557 P.O. NO.: 036868 DATE: 1/06/04 VENDOR: UNITED RENTALS VENDOR NO. 1090 DELIVER BY SHIP VIA 9/30/04 F.O.B. CONFIRM BY CONFIRM TO REQUISITIONED BY DAVE JEAN GUY LLK FREIG~HT CONTRACT NO. REQ. NO. REQ. DATE z/o6/o~ LINE QUANTITY NO. RECEIVED UOM ITEM NO. AND DESCRIPTION UNIT COST 1 1.00 EA 930 063 EQUIPMENT RENTAL 5324.0000 MACHINERY & HEAVY HARDWRE I #37472726-001 12/18/03 RECEIVED BY: LARRY KIRBY RECEIVED DATE: 1/06/04 Agenda Item No. 16F6 April 13th, 2004 Page 46 of 50 United' Rentals 557 INDUSTRIAL BOULEVARD NAPLES, FL 34104 239-643-5000 ~age: 1 4 WEEK BILLING INVOICE ~ PLEASE P~M~T PAYMENT TO: ~ UN~TED ~ENTAL; (NORTH AM~ZCA), INC. ..==== PO ~OX 100711 ATLANTA, GA 3038%-0711 5~0.00 500.00 1800.00 5000.00 5000.00 Set #: SLP71%AT2E0830118 TOTAL: 1235.0~ Stock class Unit Price Amount MCI EA_ 24.000 2%.00 ! RECEIVED~ 07:00 AM BILLED FOR FOUR WEEK~ 12/01/03 THRU 12/29/03 RE1TTAL PROTECTION DECLINED 1 OF~ ~.OADDUMP- -25YRD * 419567 Make: JCB Model: 71~ HR OUT: 1235.00 -HR IN: SALES ITEMS: Qty Item number 1 ENV ENVIRONMENTAL CHARGE DELIVERY CH/M~GE PICKUP CHARGE 150.00 150.00 5324.00 5324.0a ~ ~1 UI DU RED TIDE & SEAWEED CLEANUP. Blanket emo~mt: 101300.1313 On o~er umo~tt: 6324.03 Purchased: .~ 4 Agenda Item No. 16F6 April 13th, 2004 Page 48 of 50 BLANKET ORDER ** PURCHASE ORDER City of HayCes 1 036868 ! 12/31/ THIS NUN~ER MUST APr..AR ON ALL INVOICES. PACKING U~-'rS. LABI~ BIU.~ C~ LAD~NQ AND TO: UNITED RENTALS SHIP TO: 557 INDUSTRIAL BLVD NAPLES, FL 34104 CITY OF NAPLES PARKS/PARKWAYS OPERATIONS 280 RIVERSIDE CIRCLE NAPLES, FL 34102 1090 DAVE JEAN GUY CSD/LARRY/BILL/OPO 56212 12/22/0: PaD T~DE & sEAwEED CLEANUP - ?&P EFFECTIVE DATE: 12/30/03 EXPIRATION DATE: 09/30/04 NOT TO EXCEED: 10000.00 REMARKS: HEAVY EQUIPMENT FOR RED TIDE & S~.~%WEED CLEAN~ A( '.COUNT ?ROJECT AMOUNT 0( 1091357246] 5 lC 000.00 PLEASE SEND INVOICE IN DUPLICATE TO: CITY OF NAPLES ACCOUNTS PAYABLE 735 EIGHTH STREET SOUTH NAPLES, FLORIDA 34102 PHONE: (239) 213-;riD0 IMPORTANT - TO RECEIVE PAYMENT ALL INVOICES AND SHIPPING LABELS MUST SHOW PURCHASE ORDER NUMBER T.a~...Exemp~ No. 2143~019o~92-54C PURCHASE REQUISITION NBR: 0000056212 · STATUS: DIVISION APPROVAL ~EQUISITION BY: CSD/LARRY/BILL/OPO REASON: RED TIDE & SEAWEED CLEANUP - TO LOCATION- PARKS & PARKWAYS OPERATNS SUCq~ESTED VENDOR: 1090 UNITED RENTALS DATE: 12/30/03 DELIVER BY DATE: 9/30/04 LINE UNIT EXTEND NBR DESCRIPTION QUANTITY UOM COST COST VENDOR PART NUI~3ER I HEAVY EQUIPMENT FOR RED TIDE & SEAWEED CLEANUP 1.00 EA 10000.0000 CONMODITY: EQUIPMENT RENTAL SUBCOi~qOD: MACHINERY & HEAVY HARDWRE 10000.00 REQUISITION TOTAL: 10000.00 ACCOUNT INFORMATION LINE ~ ACCOUNT PROJECT % AMOUNT i 00109125724615 REPAIR AND MAINTENANCE 100.00 10000.00 RED TIDE CLEAN-UP 10000.00 REQUISIT£ON IS IN THE CURRENT FISCAL YEAR. Agenda Item No. 16F6 April 13th, 2004 Page 50 of 50 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners Award Bid ~q)4-3~13 for Pelican Bay -Gulf Park and Oakmont Irrigation Installation to Collier Irrigation, Inc. and approve the necessary Budget Amendment. OBJECTIVE: To award Bid #04-3613 for Pelican Bay-Gulf Park and Oakmont Irrigation Installation to Collier Irrigation, Inc. and approve the necessary Budget Amendment. CONSIDERATIONS: .1. On February 11, 2004, invitations to bid were sent to forty one (41) contractors: The bid opening was held on March 2, 2004, three (3) proposals were received. Staff has reviewed these bids and found that Collier Irrigation, Inc. is the lowest, qualified and rcsponsive bidder and recommends that the Board of County Commissioners award Bid 04-3613 to Collier Irrigation, Inc FISCAL IMPACT: The fiscal impact for Bid ~g)4-3613 is $197,027.50. The bid is divided into the following two distinct projects: Project Gulf Park Drive Irrigation Oakmont Lake Bank Total Bid Amount $148,442.50 $ 48,585.00 $197,027.50 A Budget Amendment is requested transferring $132,798.56 from U.S. 41 Berm Project (511251) to the Gulf Drive Irrigation Project. Remaining funds for this project are budgeted and available in the Gulf Park Drive Project (511271). Funding for the Oakmont Lake Bank is budgeted and available in the Oakmont Improvements project budget (511241). GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners award Bid/8}4- 3613 for the Pelican Bay-Gulf Park and Oakmont Irrigation Installation to Collier Irrigation, Inc. and approve the necessary ~Budget Amendment. Agenda Item No. 16F7 April 13th, 2004 Page I of 6 !tern Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F7 Recommendation that the Board of County Commissioners Award Bid #04- 3613 for Pelican Bay -Gulf Park and Oakmont Irrigation Installation to Collier Irrigation, inc. and approve the necessary Budget Amendment. Recommendation that the Board of County Commissioners Award Bid #04- 3613 for Pelican Bay-Gulf Park and Oakmont Irrigation Installation to Collier Irrigation, Inc. and approve the necessary Budget Amendment. 4/1312004 9:00:00 AM Prepared By James Ward Board of County Commissioners Director Pelican Bay Services Approved By Kyle Lukasz County Manager's Office Operations Manager Date Pelican Bay Services 3/25/2004 2:07 PM Approved By Jean C.Smith County Manager's Office Operations Analyst Date Pelican Bay Services 3/2512004 2:02 PM Approved By Steve Carnell Administrative Services Purchasing/General Svcs Director Purchasing Date 312512004 4:51 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/612004 3:57 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 4/612004 4:01 PM Agenda Item No. 16F7 April 13th, 20O4 Page 2 of 6 LLC d~ z~c~ OMB Approval No. 0348-0040 ASSURANCES - NON-CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewin[, instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, management and completion of the project described in this application. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 ddo3 and 290 ee. 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation 8o Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Previous Edition Usable Authorized for Local Reproduction Standard Form 424B (Rev. 7.97) Agenda ¥[~:~il~).b~ircular A-102 April 13th, 2004 Page 5 of 6 10. Will comply, as applicable, with the provisions of the Davis- Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333), regarding labor standards for federally-assisted construction subagreements. 11. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205). 12. 13. 14. 15. 16. 17. 18. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. Will assist the awarding agency in assudng compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C; §§2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. Will comply with the Lead-Based Paint Poisoning Prevention ACt (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations." Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies goveming this program. D CERTIFYING OFFICIAL ~j~,PPLICANT ORGANIZATION Isles of Capri Fire Rescue TITLE Chairman, Board of County Commisioners DATE SUBMITTED Agerlc~al~j~ ~ ff~(.l~ev. 7-97) Back April 13th, 2004 Page 6 of 6 EXECUTIVE SUMMARY Approve Isles of Capri Fire and Rescue District's application for a matching (50/50) grant offered by the Florida Division of Forestry in the amount of $3,156 and approve the necessary budget amendments to recognize and appropriate the revenue if funds are awarded. OBJECTIVE: To obtain BOard of County Commisioncr's approval of an application for Volunteer Fire Asssitance Matching (50150) grant for the purchase of wild land fhefighting equipment and approval of thc necessary budget amendments. cONSIDERATIONS: The Isles of Capri Fire and Rescue District has received this type of grant from the Division of Forestry in past years. The grant has been used to purchase equipment to improve firefighter safety and firefighting capabilities. FISCAL IMPACT: The total cost of the equipment requested this year is $6313.08 As this is a 50/50 matching grant, the Division of Forestry will pay $3156.54 leaving the Isles of Capri Fire / Rescue department to provide $3156.54 from the Contingencies line of Fund 144 (Isles of Capri Fire Rescue). Budget amendments will be needed in order to transfer funds to Fund 118, Emergency Management and Fire Grants. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Borad of County Commissioners authorize the Chairman to al~prove the Florida Division of Forestry Volunteer Fire Assistance Grant application and approve the budget amendments needed upon award of the grant. SUBMITTED BY: REVIEWED BY: APPROVED BY: Date: Emilio Rodriguez, Fire Chief Date: Marlene Foord, Grants Coordinator Date: Dan Summers, CEM, Emergency Management Director Agenda Item No. 16F8 April 13th, 2004 Page 1 of 5 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F8 Volunteer Assistance Forestry Grant For Isles of Capri Fire Rescue Approve Isles of Capri Fire and Rescue District's application for a matching (50~50) grant offered by the Florida Division of Forestry in the amount of $3,156 and approve the necessary budget amendments to recognize and appropriate the revenue if funds are awarded. 4/1312004 9:00:00 AM Prepared By Alan M. McLaughlin County Manager's Office Assistant Fire Chief Isles of Capri Fire Rescue Approved By Rod Rodriguez Board of County Commissioners Fire Chief Isles of Capri Fire Rescue Date 4/112004 3:43 PM Approved By Dan E. Summers County Manager's Office Emergency Management Director Emergency Management Date 4/2/2004 8:45 AM Approved By Robin Johnson County Manager's Office Management/Budget Analyst Office of Management & Budget Date 4/2/2004 1:45 PM Approved By Michael Smykowski County Manager's Office Management & Budgel Director Office of Management & Budget Date 4/2/2004 4:17 PM Approved By Darcy Waldron County Manager's Office Senior Administrative Assistant Emergency Management Date 4/2/2004 1:31 PM Approved By James V. Mudd Board of County Commissioners County Managbr County Manager's Office Date 4/5/2004 1:03 PM Agenda Item No. 16F8 April 13th, 20O4 Page 2 of 5 FLORII)A DEPARTMENT OF AGRICULTERE AND CONSUMER SERVICES DMSION OF FORESTRY VOLUNTEER FIRE ASSISTANCE GRANT APPLICATION LEGAL NAME: Collier County Board of County Commissioners ~DRESS: 175 Capri Blvd crrv: Naples ST^TE: Florida zn,: 34113 cotrNTv: Collier couNTy #: EMPLOYER ID~CATION NLFMBER {El]q) Is Io Io Io Is Is IS FIRE DEPARTMENT LOCATED IN AN INCORPORATED TOWN? No IF YES, NAME OF TOWN: POPULATION OF TOWN: PROTECTED AREA: EST. POPULATION SIZE NUMBER OF FIREFIGHTERS: PAID 8 VOLUNTEER 12 NO. OF INCIDENTS PAST YEAR: WILDLAND FIRE 12 OTHER 369 NUMBER OF FIREFIGHTERS CERTIFIED AS: WILDLAND FIREFIGHTER 1 15 WILDLAND FIREFIGHTER II 3 FORM OF ORGANIZATION: (Municipal, Fire Dislxict, Non-Profit, County) County IF COUN'I~, LIST VFD'S BENEFITING FROM GRANT: Isles of Capri Fire / Rescue WHAT IS THE FIRE DEPARTMENT'S ISO RATING? 6 CURRENT COOPERATIVE AGREEMENT WITH DOF? YES X NO DISTANCE OF CLOSEST MUTUAL AID FIRE DEPARTMENT: 5 mi NAME OF FIRE DEPARTMENT: Marco Island Fire Dept HAS APPLICANT RECEIVED GRANT FUNDS FROM ANY SOURCE IN THE PAST 12 MONTHS? YES X NO IF YES, FROM WHERE: Florida DOF AMOU~rr: s 1374.50 LIST TOTAL FUNDS RECEIVED FROM OTHER TAXING AUTHORITIES SUCH AS CITY, COUNTY, TAXING DISTRICTS (Past 12 Months): AMOUNT $ LIST OF FIREFIGHTING VEHICLES: TYPE MAKE/YR.MODEL Brush 1955 Mack Military S-ton Brush 1994 Ford F-350 4x4 250 300 Engine 1985 E-One Hurricane 1250 750 Rescue 2001 Dodge 3500 Rescue 250 300 PUMP CAPACITY (GPM) 350 WATER CAPACITY (GAL.) 750 ESTIMATED GRANT FUNDING REQUEST: FEDERAL $ 3156.54 APPLICANT $ 3156.54 COUNTY $ TOTAL $ 6313.08 (Federal not more than 50% of total. Applicant at least 50% of total in matching funds.) LIST OF EQUIPMENT OR SUPPLIES TO PURCHASE WlTH GRANT FUNDS: NUMBER 8 6 DESCRIPTION Shelters (new style) VHF portables (new band) 2 VHF Mobiles (new band) I Base VHF Ant 40 Gallons class "A" foam 4 Brush gear sets AMOUNT 3200.00 857.85 364.20 179.95 460.00 1251.08 We understand that this is a 50 percent maximum cost-share pmgrram (Cooperative Forestry Assistance Act of 1978, PL 95-313), and that funds on deposit up to 50 percent of the actual purchase price of the items approved will be committed to our project. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION ARE TRUE AND CORRECT. THE GOVERNING BODY OF THE APPLICANT HAS DIJLY AUTHOR/ZED THIS DOCUMENT. Type Name of Authorized Representative I Title I( Telephone Number ) Signature of Authorized Representative Dale Signed and Submitted Agenda Item No. 16F8 April 13th, 2004 Page 3 of 5 Form AD- 1047 U. S. DEPARTMENT OF AGRICUL TURE Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section 3017.510, Participants' responsibilities. The regulations were published as Part IV of the January 30, 1989, Federal Register (pages 4722-4733). Copies of the regulations may be obtained by contacting the Department of Agriculture agency offering the proposed covered transaction. (Before completing cert#Tcation, read instructions on reverse.) (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or Local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. ORGANIZATION NAME Board of County Commissioners I ~,~ w,~z) NUMBER OR PROJECT NAME isles Of Capd Fire Rescue NAME AND TITLE OF AUTHORIZED P.E~P~SENrArlVE Donna, Fiala Chairman SIGNATURE [ DATE Agenda Item No. 16F8 April 13th, 2004 Page 4 of 5 Form AD-1047 o/gz) (vmvr. es~ INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this form, the prospective primary participant is providing the certification set out on the reverse side in accordance with these instructions. o 10. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out on this form. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voltmtarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. The prospective primary participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. The prospective primary participant further agrees by submitting this form that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in ali solicitations for lower tier covered transactions. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 Agenda Item No. 16F8 April 13th, 2004 Page 5 of 5 EXECUTIVE SUMMARY RECOGNIZE AND APPROVE THE OCHOPEE FIRE CONTROL DISTRICT'S APPLICATION FOR A MATCHING (50/50) GRANT OFFERED BY THE FLORIDA DIVISION OF FORESTRY IN THE AMOUNT OF $2785.00 AND APPROVE THE NECESSARY BUDGET AMENDMENTS TO RECOGNIZE AND APPROPRIATE REVENUE OBJECTIVE: To obtain Board of County Commissioner's approval of an application for a Volunteer Fire Assistance Matching (50/50) Grant for the purpose of purchasing Nozzles, Class A Foam and approval of the necessary budget amendments. CONSIDERATION: For the past twenty-six years, the Ochopee Fire Control District has been awarded a Volunteer Fire Assistance Grant from the Florida Division of Forestry. This year, the Division of Forestry once again has set a high priority on fire suppression equipment. Therefore, the Ochopee Fire Control District wishes to purchase Nozzles and Class A Foam. This equipment is primarily used for controlling brush, fires and during prescribed burus to contain fires for the protection of both life and property. This type of equipment is crucial to the rural areas of Collier County. FISCAL IMPACT: The total cost of the equipment is $2785.00 with a cost split of 50/50 between the Division of Forestry and the Ochopee Fire Control District. The Fire District's share of $1392.50 will be funded from the Ochopee Fire Control District Reserves for Contingencies, fund 146. If the application is successful, budget amendments will be necessary to recognize and appropriate $1392.50 in revenue and transfer $1392.50 from Reserves for Contingencies to Fund l 18 Emergency Management and Fire Grants. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to sign the Florida Division of Forestry Volunteer Fire Assistance Grant application and approve the budget amendments needed upon award of the grant. SUBMITTED BY: Date: Paul Wilson, Fire Chief, Ochopee Fire Control District REVIEWED BY: Date: Marlene Foord, Grants Coordinator APPROVED BY: Date: Dan Summers, Emergency Management Director Agenda Item No. 16F9 April 13th, 2004 Page 1 of 7 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F9 Ochopee Fire Control District's Application for Matching (50/50) Division of Forestry Grant Approve the Ochopee Fire Control District's application for a matching (50/50) Gra.nt offered by the Florida Division of Forestry in the amount of $2785.00 and approve the necessary Budget Amendments to recognize and appropriate revenue. 4/13/2004 9:00~00 AM Prepared By Paul Wilson County Manager's Office Fire Chief Ochopee Fire Control District Approved By Dan E. Summers County Manager's Office Emergency Management Director Emergency Management Da~ 4/1/2004 9:55AM Approved By Robin Johnson County Manager's Office Management/Budget Analyst Office of Management & Budget Date 41212004 11:37 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 41212004 4:08 PM Approved By Darcy Waldron County Manager's Office Senior Administrative Assistant Emergency Management Date 41212004 11:10 AM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 41512004 12:47 PM Agenda Item No. 16F9 April 13th, 2004 Page 2 of 7 FLORIDA DEPARTMENT OF AGRICULTERE AND CONSUMER SERVICES DIVISION OF FORESTRY VOLUNTEER FIRE ASSISTANCE GRANT APPLICATION LEGAL NAME: FORM OF ORGANIZATION: (Municipal, Fire Dislrict, Non-Profit, Coumy) Collier County Board of Co~niSsionecs Ochopee Fire Control District ADDRESS: P.O. BOX 25 IF COUNTY. L/ST VFD'S BENEFITING FROM GRANT: crnc: Ochopee sTArE: Fl. zm: 34141 COUNTY: C','~1 I '] ~r- COUNTY #: EMPL~F1CATION NUMBER {EIN) CURRENI COOP £RATIYE AG R. EEMENT W ITlt DOF? IS FIRE DEPARTMENT LOCATED IN AN INCORPORATF_,D TOWN? DISTANCE OF CLOSEST MUTUAL AID FIRE DEPARTMENT: ~ YES, NAM~ OF TOWN: Everglades City NAME OF FIRE DEPARTMENIC: POPULATION OF TOWN: 500 HAS APPLICANT RECEIVED GRANT FUNDS FROM ANY SOURCE IN PROTECTED AREA: EST. POPULATION~SIZE~ THEPAST 12MONTHS? YES NO ~S IF YES, FROM WHERE: NUMBER OF FIRFAqGH~: PAID ]- 2 VOLUNTEER l0 AMOUNT: S. NO. OF INCIDENTS PAST YEAR: WILDLAND FIRE _52L__ OTHER LIST TOTAL FUNDS RE. CEIv~ FROM OTHER TAXING AUTHORITIES NUMBER OF FIREFIGHTERS CERTIFIED AS: WILDLAND FIREFIGHTER 1 1 fi SUCH AS CITY. COUNTY, TAXING DISTRICTS (Pazt 12 WILIR,AND FIREFIGHTER 11 AMOUNT S LIST OF FIREFIGHTING VEHICLES: TYPE MAKF_JYR_MODEL PUMP CAPACITY (GPM} WATER CAPACITY (GAL.) · i- ~ac~uck i~Si ~Cottsdale ~ ~8 ~ ~%~r ~B~ E-One Navistar. . il~ ~ lnEernaE lonal rla~'vescer t~80G~iP~r ~9+ ~vrolet Ward LaFrance ~)OG~M ~0 EST[MATED GRANT FUNDING REQUEST: LIST OF EQUIPMENT OR SUPPLIES TO PURCHASE WiTH GRANT FUNDS: FEDERAL i S NUMBER DESCRIPTION AMOUNT 1 ~o ~n,, COUNTY ] s ~ Class A Foam ; NA tOTAL S 2785. O0 (Fc4eral not more ~a. ~0% of total. Applic~=t ~ lemzt 50% of total ~- matckmg We understand that ~is is a .50 pear, eat maximum cost-share program (Co0pea'ati~ For,zcAxy Assistance Act of 1978, PL 95-313), and that funds on dqmsi{ up to 50 pe~T. ent of the actual pun:luLge pafice of ~he item~ approved will b~ committed to our ptaajozl. TO THE BF_~T OF MY KNOWLEDGE AND BELIEF. ALL DATA IN THIS APPLICATION ARE TRUE AND CORRECT. THE GOVERNING BODY OF THE APPLICANT HAS DULY AUTHORIZED THIS DOCUMENT. Type Name of Authorized Repmz~matlve [ Title Te~pho~e Number Donna Fiala ] Chairman ( (239))695-411~ Signature of Authorized Rcim~mtatiwc Date $ikm~d aad SubmiUvd County/~ttorney Agenda Item No. 16F9 April 13th, 2004 Page 3 of 7 ASSURANCES - NON-CONSTRUCTION PROGRAMS OMB Approval No. 0348.-0040 Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Papen~ork Reduction Project (0348-0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have queslJons, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, management and completion of the project described in this application. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and wilt establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. ,~:36101--6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 rid-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights ACt of 1968 (42 U.S.C. ~3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute{s) under which application for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 6o Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §~4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) T'~e VI of the Civil Rights ACt of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. ~1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex;, (c) Section 504 of the Rehabilitation Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. c~1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Previous Edit]on Usable Authorized for Local Reproduc'don Standard Form 424B (Rev. 7-97) Prescribed by OMB Circular A-102 Agenda Item No. 16F9 April 13th, 2004 Page 4 of 7 '10. 11. Will compty, as applicable, with the provisions of the Davis- Bacon Act (40 U.S.C. ~276a to 276a-7), the Copetand Act (40 U.S.C. §276c and 18 U.S.C. ~874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333), regarding labor standards for federally-assisted construction subagreements. Will comply, if applicable, wilh flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L 93-234) which requires recipients in a special flood hazard area to partidpate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality conl]'ol measures under the Natic~al Environmental Policy Act of 1969 (P.L 91-190) and Executive Order (EO) 11514; (b) notifi~tion of violating facilities pursuant to EO 11738; (c) protection of weUands pursuant to EO 11990;, (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with ~ approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. ~1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L 93- 205). 12. 13. 14. 15. 16. 17. 18. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §{}1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers syslem. Will assist the awarding agency in assudng compliance with Section 106 of the National Historic Preservation ACt of 1966, as amended (16 U.S.C. ~470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §e3469a-1 et seq.). Will comply with P.L 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L 8°~-544, as amended, 7 U.S.C. ~j~2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. r3~j4801 et seq.) which prohibits the use of lead-based paint in constructk)n or rehabilitation of residence stnJctures. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations." Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL APPLICANT ORGANIZATION Ochopee Fire Control District ITITU5 Collier County Board of Cossissioners Chairman IDATE SUBMI3-rED 3-15-04 ~vedu~ form~ciency Standard Form 4248 (Re~. ?-97) Back Agenda Item No. 16F9 April 13th, 2004 Page 5 of 7 Fon~ AD-lO47 U.. S. DEPARTMENT OF AGRICUL TURE Certificztion R~g Debz~ment, Suspension, ~nd Other · Responsibility Matters - Prirazo~ Covered Transactions This certification is requffed by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section 3017.510, Participants' responsibilities. The regulations were published as Part IV of the January 30, 1989, Fedeta/Reg~er(pages 4722-4733). Copies of the regulations may be obtained by contacting the Department of Agriculture agency offering the proposed covered transaction. (Before wmpleting c~z'dfic~tio~, re~d instructions on reverse.) O) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered Uansactions by any Federal department or agency;, (c) have not within a three-year period preceding this proposal beee ccevicted of or had a civil judgment rendered against them for commission of fi'cud or a criminal offense in connection with obt~ning, attempting to obtain, or performing a public (Federal, State or Local) transaction or comract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen properS, are no~ presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State er Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) have no~ within a three-year period preceding this application/proposal had one or more public transacaions (Federal, State or Local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this cerrificati(m, such prospective participant shall attach an explanation to this proposal. ~RGAN/Z_A H0N NA~E Collier County Board of Commissioners [ PR/A WARD NUMBER OR PROJE6T NAME Ochopee Fire Control District DOnna Fiala,: Chairman SIGNAI'URE [ DA ~E ^pproved as to form & legal suffiCier~y .U County Attorney Agenda Item No. 16F9 April 13th, 2004 Page 6. of 7 Farm AD-lO47 o~ (~v,~e~ INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this form, the prospective primary participant is providing the certification set out on the reverse side in accordance with these instructions. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered uansaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out on this roma. Thc certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of thc prospective primary participant to furnish a certification or an explanation shall disqnali~, such person from participation in this transaction. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If i~ is later determined that ~he prospective primary participant knowingly rendered an erroneous cerffication, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. The prospective primary participant shah provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant,* "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings se~ out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. The prospective primary participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. The prospective primary participant further agrees by submitting this form that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the me~hod and frequency by which it determines the eligibility of its principals. Each participant may, bm is not required to, check the Nonprocurement List. Nothing contained in the foregoing shall be construed to require establishment ora system of records in order to render in good faith the certification required by tiffs clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, ifa participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debanvd, ineligible, or voluntarily excluded from participation in this Uansaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 Agenda Item No. 16F9 April 13th, 2004 Page 7 of 7 APPROVAL OF BUDGET AMENDMENTS BCC Agenda of April 13, 2004 Parks Capital Improvements (Fund 306) Budget Amendment #04-171 Capital Improvements - General $20,000 Reserves Reserve for Contingencies (20,000) Total -0 - Explanation: Funds are needed for structural repair of approximately 30% of the boat slips at the Cocohatchee Park. Sewer Capital Projects (Fund 414) Budget Amendment g04-173 Capital - (Goodlette Wastewater Relocate) Improvements- General Capital - (Take Package Plant Offline) Improvements- General Total (49,500) -0- Explanation: Funds are needed to pay for increase to the contract for the Goodlette Road project. At three locations, the contractor was required to connect a new force main to an existing force main while the existing force main remained in service; and he also had to cut and recap the force mains to build as required by the design plans. Agenda Item No. 16F10 April 13th, 2004 Page 1 of 2 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F10 Approval of Budget Amendment Report Approval of Budget Amendment Report - BA #04-171 in the amount of $20,000 for structural repair of 30% of the boat slips at Cocohatchee Park; and BA ~O4- 173 in the amount of $49,500 to pay for increase to the contract for the Goodlette Road project. 4/13/2004 9:00:00 AM Prepared By Pat Lehnhard County Manager's Office Administrative Assistant Office of Management & Budget Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/5/2004 10:16 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 4/5/2004 12:30 PM Agenda Item No. 16F10 April 13th, 2004 Page 2 of 2 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve the Consent to Use Agreement between the Pelican Bay Foundation, Inc. and Collier County for a portion of the Water Management Easement located on Parcel B, Pelican Bay Unit Sixteen OBJECTIVE: For approval of the Consent To Use Agreement between the Pelican Bay Foundation, Inc. and Collier County for a portion of the Water Management Easement located on Parcel B, Pelican Bay Unit Sixteen to construct, install, maintain and utilize a parking area, landscaping and a building within and on. CONSIDERATIONS: The Pelican Bay Foundation has submitted a site plan for the construction of the Hammock Oak Community Center, which includes an encroachment into an existing water management easement to accommodate the construction. The encroachments are primarily for a building roof overhang and to install, construct, maintain and utilize a 10,834 square foot area for parking and landscaping. The encroachments were approved by the Pelican Bay Services Division's Board at their meeting of March 3, 2004. Accordingly, staff recommends approval of the Consent to Use Agreement. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the Consent To Use Agreement between The Pelican Bay Foundation, Inc. and Collier County for a portion of the Water Management Easement located on Parcel B, Pelican Bay Unit Sixteen. Agenda Item No. 16Fll April 13th, 2004 Page I of 9 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16Fll Recommendation that the Board of County Commissioners approve the Consent to Use Agreement between the Pelican Bay Foundation, Inc. and Collier County for a portion of the Water Management Easement located on Parcel B, Pelican Bay Unit Sixteen Recommendation that the Board of County Commissioners approve the Consent to Use Agreement between the Pelican Bay Foundation, Inc. and Collier County for a podion of the Water Management Easement located on Parcel B, Pelican Bay Unit Sixteen 4/13/2004 9:00:00 AM Prepared By James Ward Board of County Commissioners Director Pelican Bay Services Approved By Heidi F. Ashton County Manager's Office Assistant County Attorney County Attorney Office Date 3/2412004 10:19 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 41112004 1:13 PM Approved By Leo E. Och$, Jr. Board of County Commissioners Deputy County Manager County Manager's Office Date 4/1/2004 3:37 PM Agenda Item No. 16Fll April 13th, 2004 Page 2 of 9 CONSENT TO USE EASEMENT AREAS THIS AGREEMENT, made this day of _, 2004, ~ THE BOARD OF COUNTY COMMISSIONI~RS-OF COLLIER coUNTY~ FLORIDA, (hereinafter referred to as "County") and pELIcAN BAY FOUNDATION, INC. (hereinafter referred to as "the Foundation,'). WttEREAS, County is the ~old..~,of ~. easements as ~nveyed by those certa~ Drainage Easement granted o renean oay unprovement Di~ ~rd~ in O.R. Book 1236~ Page 1730. and O.R. Book 1236, page 1731. both of the Public R~rds of Collier County. Florida as assigned by that certain Assignment A~~ to the BOARD OF COUNTY COMMISSIONERs OF COLLIER CO~, FLORIDA (hereinafter collectively "County Easement,,), and; WHEREAS, the Foundation desires to construct, install, m_aJntain and. utilize a parking area, landscaping and a building wi~n and on a portion of the coUnty Easemem; and . WItEREAS, COunty is willing to consent thereto sUbject to the folto~g terms, stipulations and conditions: 1) Notwithstanding any provision of the Easemem which prohibits such construction and installation and subject to the terms, stipulations and conditions stated herein, consent is hereby given by the County to the Foundation to install, construct, maintain and utilize a 643 square foot area above and not below the surface of the County Easemem for a building overhang as shown on Exhibit "A" attached hereto and incorporated herein and to install, construct, maintain and utilize a 10,834 square foot area for parking and landscaping within the County Easement in the area described in Exhibit "B" attached hereto and incorporated herein. 2) Foundation accepts this "Consent to Use Easement Areas" with full knowledge of County's prior rights and existing facilities. This consent .shall not be construed to reduce or diminish County's Pri°r rights in any way. Foundation accepts and agrees to remove any of the improvements constructed in the easement area in the sole and absolute discretion of the County upon thirty days written notice to the Foundation for any reason whatsoever. 3) Foundation hereby agrees to indemnify, save, defend and hold harmless County (including, without lirm'tation, County's officers, employees, agent nominees and residents) from and against any and all losses, damages (including without limitation, any and all consequential damages), costs, charges, expenses, claims, demands, causes of action, accounts, sums of money, reckonings, bounds, bills, covenants, controversies, agreements, Agenda Item No. 16Fll April 13th, 2004 Page 3 of 9 promises, variances, 'trespasses, executions and liabilities (including reasonable attorneY's fees and costs at all levels and/or negotiations) whatsoever, at law or in equity, whether in tort, in contract or otherwise which may be asserted or recovered against County (including, without limitation, County's officers, employees, agents, nominees and residents) whether asserted by suit, proceeding, defenses, counterclaims, seto. frS, or otherwise, resulting from Foundation, its Successors or assigns, (including without limitation, any and all of its invitees, licensees, ~ .hisees, guests, lessees, employees, agents and nominees) ~, enjo~t and: occupancy of the Easemetlt pursuant to this Agreement. The foxing indemnification and hold harmless provision shall not, however, apply to any damages, expenses or claims therefore arising from the sole negligence, goss negligence or willful misconduct of the County, its agents or its employees. All of the terms and provisions of this Agreement shidl be ~ng upon and shall inure to thc benefitofthe heirS, SucCeSsors sd assi~ of the parties hereto. It is.mutually understoOd and agreed that this Agreement, as written covers all the agreements and Stipulations between the parties and that no representation or statements, oral or written, have been made, modifying, adding to or changing the terms hexeof. Furthermore, the Foundation ~owledges that the gr _~.ting of this Consent to Use Easement Areas, by the County shall-not set a. precedent for the County granting future consents. IN WITNESS WHEREOF, the parties hereto, if individual, have executed by their proper officer(s) duly authorized to such end. WITNESSES: ATTEST: PELiC .~CO~ATION, INC. B?-~. ,, '::'~ ~ ~ BOARD OF cOUNTY COMMISSIONERS OF: COLLIER COUNY, FLORIDA Dwight E. Brock, Clerk DonnaHala, ~ Approved as to form and legal sufficiency Agenda Item No. 16Fll April ~13th, 2004 David Weigel, County Attorney STATE OF FLORIDA COUNTY OF COLLIER - ~-~~ °fthe Pelican Bay Fo.undation, Ine~ oni~i0f~:~rP°ratiOn He Is personally known to me and did not ~e an oath. ir ,,_.¢:...% ~ o. ~nats STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, perso~lY apl~nn, ed Donna Fiala, well known to me to be the Chairman of the Board of O_~imty Com~sioners, Collier County, Florida, being authorized so to do, executed the.~tego~ ~ment :for ~:&i:mpo. ses there'.m ,co.n.,tained.un_d_er a~ority duly inve~: bY :~: Bobxd of County smoners, and that me seal affixed hereto is the true seal of ~dBoard. WITNESS my hand and official seal in the County-and State last aforesaid this day of ,2004. , N°~ Public (typed name) My Co~ssion Expir~: Agenda Item No. 16Fll APril 13th, 2004 Page 5 of 9 3> / / / / / / Agenda Item No. 16Fll April 13th, 2004 Page 6 of 9 = = ~ o~- . ~i~o~ ~o ~ 0~o- Agenda Item No. 16Fll Apdl 13th, 2004 Page 7 of 9 >0 ~c r-~ m Agenda Item No. 16Fll Apdl 13th, 2004 Page 8 of 9 6 jo 6 a6ed : ~00~ 'qlgl. IPdv I. I,=191. 'ON ~ua],l epua6V I tam < ~o 8 o. ~ ~- ~m ~ ~ o~<~z° ~..~ ~ ~..~ ~ ~, >"'-m~' ~ ~-=~o~z~ j~ z~ o~WO00~''0 ~ ~w )~Ow~<~:w~w~ w~ ~w~ww~w~ ~z~ zo ~\\ EXECUTIVE SUMMARY Approve a budget amendment to increase both the purchase of fuel and thesale of fuel at Marco Island Airport in the amount of $169,100 OBJECTIVE: To increase the budget line to purchase additional jet fuel to satisfy the increased projected sales of jet fuel at Marco Island Airport. CONSIDERATIONS: For the current fiscal year, the budget for the purchase of jet fuel for sale at the Marco Island Airport is $368,600. When th6 budget was prepared, it was Projected that 285,756 gallons of jet fuel would be purchased at an average cost of $1.29 per gallon. During the first five months of the current fiscal year, sales of jet fuel at the Marco Island Airport have been 30% greater than the projected amount. Given this trend, the revised projection is that 365,828 gallons of jet fuel will be sold, as opposed to the original projected amount of 285,756 gallons. An increase in projected fuel sales results in a proportionate increase in projected purchases. In addition, the average cost of jet fuel purchased during the fin'st five months of the current fiscal year has been $1.47 per gallon, as opposed to the original projected amount of $1.29 per gallon. The increased cost per gallon, coupled with the increase in the required number of gallons to be purchased to satisfy the increased fuel sales, has resulted in a need to increase the budget line for the purchase of jet fuel at the Marco Island Airport. The revised budget should be $537,700, calculated by multiplying 365,828 gallons by $1.47. This means that the budget line should be increased by $169,100. FISCAL IMPACT: Total increased Jet A fuel expenditures are estimated at $169,100 and will be funded by increased sales of Jet A fuel in the amount of $169,100 in Airport Authority Fund (495). No additional funds are needed. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve a budget amendment to increase both the purchase of fuel and the sale of fuel at Marco Island Airport in the amount of $169,100. Agenda Item No. 16G1 April 13th, 2004 Page I of 3 SUBMITFED BY: REVIEWED BY: APPROVED BY: Date: Bob Titus, Finance Manager Date: Debi Mueller, Accounting Technician Date: Gene Schmidt, Executive Director Agenda Item No. 16G1 April 13th, 2004 Page 2 of 3 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16G1 Budget amendment for increased fuel pumhases and sales at Marco Airport Approve a budget amendment to increase both the purchase of fuel and the sale of fuel at Marco Island Airport in the amount of $169,100. 4/13/2004 9:00:00 AM Prepared By Bob Titus County Manager's Office Airport Financial Manager Airport Authority Approved By Gene Schmldt County Manager's Office Executive Director Date Airport Authority 3124/2004 10:59 AM Approved By Randy Oreenwald Board of County Commissioners Management/Budget Analyst Office of Management & Budget Date 313012004 1:17 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 41112004 8:10 AM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager County Manager's Office Date 4/2/2004 11:45 AM Agenda Item No. 16(31 April 13th, 20O4 Page 3 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Jim Coletta FUNCTION/EVENT: Collier County Medical Society's Annual Meeting and Installation of Officers for 2004-2005. PUBLIC PURPOSE: Speaker DATE OF FUNCTION/EVENT: May 8, 2004 FISCAL IMPACT: $50.00 - Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99-410, approve payment by the Clerk for Commissioner Jim Coletta to attend function serving a valid public purpose. SUBMITTED BY: Nancy Rosiak, Executive Aide to BCC Date: April 6, 2004 APPROVED BY: Date: Sue Filson, Executive Manager to BCC q/tg/oq Brian D. Wolff, M.D., President-Elect and the Collier County Medical Society cordially invite you to attend The Annual Meeting and Installation of Officers for 2004-2005 A reception and dinner at the Registry Resort -~ 475 Seagate Drive, Naples 34103 M~ ~ Saturday, May 8th 2004 ~ ~ John O. Agwunobi, M.D., M. BA., Secretary of the Florida Depar~ent of Health ~ ~0 ~ ~ Please RS~ bu Wednesday Mau ~ 2004 ~ m~,~ ~ Phone 435-~27 or email info~ccmsonline.or9 We welcome ~our spouse or 9uest EXECUTZVE S MMARY A Resolution of the Board of County Commissioners to Extend the Term of the Community Character/Smart Growth Advisory Committee. OBJECTZVE: To extend the term of the Community Character/Smart Growth Advisory Committee to June 26, 2005. CONSZDERATZONS: On June 26, 2001, the Board of County Commissioners adopted Ordinance No. 2001-41, creating the Community Character/Smart Growth Advisory Committee as an ad hoc Committee. The purpose of the Committee is to assist staff in the implementation of a community character plan for Collier County. The term of this Committee expires within a year from the date of its formation; however, by resolution the Board of County Commissioners, the term of this Committee can be extended. In order to assist staff with the implementation of a community character plan by means of amendments to the Collier County's Growth Management Plan and Land Development Code through the Board of County Commissioners' approved "special cycle," the Committee is requesting the Board of County Commissioners to extend 'its term for one year. FISCAL IMPACT~ NONE. GROWTH MANAGEMENT ZMPACT; NONE. RECOMMENDATZON: That the Board of County CommiSsioners adopt the attached resolution extending the term of the Community Character/Smart Growth Advisory Committee for one year, said term to expire on June 26, 2005. Agenda Item No. 16H2 April 13th, 2004 Page 1 of 3 RESOLU1/ON NO. 2004- A' RESOLUTION OF THE BOARD OF COUNTY COMM/SSXONERS OF COLLTER COUNTY, FLORXD-av TO EXTEND THE TERM OF THE COMMUNI'TY CHARACTER/SMART GROWTH ADVISORY COMMITTEE. WHEREAS, on June 26, 2001, the Board of County Commissioners adopted Ordinance No. 2001-41, creating the Community Character/Smart Growth Advisory Committee as an ad hoc adviSory committee to assist staff in the implementation of a Community Character Plan; and WHEREAS, Ordinance No. 2001-41 states that the ~erm of this Comml~ee shall expire within two (2) years unless the Board of County Commissioners, by Resolution, extends the term of this Committee; and WHEREAS, on April 22, 2003, the Board of County. Commissioners adopted Resolution No. 2003-165, extending the term of the Committee to June 26, 2004; and WHEREAS, the COmmunity Character/Smart Growth Advisory Committee desires to extend its term for another year. NOW, THEREFORE~ BE 1-1' RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOR[DA, that the term of membership of the Community Character/Smart Growth Advisory Committee is hereby extended for one year, said term to expire on June 26, 2005. This Resolution adopted after motion, second and maJodty vote. DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DVVIGHT E. BROCK, Clerk COLLIER COUNTY, FLOR.IDA Deputy Clerk BY: DONNA F[ALA, Chairman Approved as to form and legal sufficiency: David C. We!gel County Attorney Agenda-Item No. 16H2 April 13th, 2004 Page 2 of 3 Item Number Item Title Item Summary Meeting. Date Approved By Sue Fil$on Board of County Commissioners COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16H2 Community Character/Smart Growth Advisory Committee A Resolution of the Board of County Commissioners to extend the term of the Community Character/Smart Growth Advisory Committee 4/13/2004 9:00:00 AM Executive Manager to the BCC Date BCC Office 3/2912004 1:53 PM Agenda Item No. 16H2 Apdl 13th, 2004 Page 3 of 3 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE April 13, 2004 FOR BOARD ACTION: 1. MISCI~J .I.ANEOUS ITEMS TO FII .F~ FOR RECORD WITH ACTION AS DIRECTED: A. Districts: Tuscany Reserve Community Development District - Minutes for December 11, 2003; Affidavit of Publication; Special Warranty Deed; Promissory Note, Easement, Bill of Sale, Financial Report for December 11, 2003 H:Data/Format Agenda Item No. 1611 April 13th, 2004 Page I of 2 Item Number Item Title Item Summary Meeting Date Approved By Sue Filson Board of County Commissioners COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1611 Miscellaneous Correspondence Miscellaneous Items to File for Record with Action as Directed. 4/13/2004 9:00:00 AM Executive Manager to the BCC BCC Office Date 3/29/2004 1:40 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/2/2004 4:31 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/5/2004 6:13 PM Agenda Item No. 1611 Apdl 13th, 2004 Page 2 of 2 ~c~$~Y l~/~i~.. To have the Bo~mi of County Commissionm~ make a determination whether thc purchase orders opted from Mm-ch 1, 2004 through March 31, 2004 serve a v~id public purpose and authorize tho ~q~mdiUm~ of County funds to satisfy said purchase~. FISCAL IMPACT: Tho goods ~ s~rvi~e~ included in the ~oreme~/oned rep~ have ~l b~m previously ~ppropri~ q R O WTIt MANA GF2~NT rolal~ to tiffs itmn. R~'OMM~A~ON: That the Board of County Commism'~ers make a de~erminsfion of whirr the purcl~m~ of ~ and s~rvices documeuted in tho dCmiled report of open prat. base orders sowc a valid public purpos~ and authorize the expenditure of County funds u~ satisfy said purchas~ Prepared By: ~ CBA E~'ector of Finance sad Accounting Date: _~~ Coasm~ Murray Gmat! Op~iom Manager II EXECUTIVE SUMMARY Authorize the Making of an Offer of Judgment to Respondent, Nancy L. Johnson Perry, Successor-Trustee of the Dorothy L. Johnson Revocable Inter Vivos Trust under Agreement dated June 11, 1998, for Parcels 136, 836 and 936 in the Amount of $29,520.00 in the Lawsuit Styled Collier County ~,. David J. Frey, et al., Case No. 03-2353-CA (Golden Gate Parkway Project g60027). OBJECTIVE: Authorize the making of an Offer of Judgment pursuant to Section 73.032 F.S., to Respondent, Nancy L. Johnson Perry, Successor-Trustee of the Dorothy L. Johnson Revocable Inter Vivos Trust Under Agreement Dated June 11, 1998, in the amount of $29,520.00 as full compensation' excepting attorney fees and costs, for the condemnation of Parcels 136, 836 and 936 in Collier County v. David J. Frey, et al., Case No. 03-2353-CA. CONSIDERATIONS: On S.eptember 12, 2003, an Order of Taking was entered in COllier County Circuit Court regarding the easement acquisition of Parcels 136, 836 and 936 for the Golden Gate Parkway project (Project No. 60027). On October 1, 2003, Collier County deposited with the Registry of the Court the sum of $24,600.00 for Parcels 136, 836 and 936 in accordance with the Order of Taking. The Offer of Judgment, a copy of which is attached, offers the property owner of these Parcels, Nancy L. Johnson Perry, Successor-Trustee, the sum of $29,520.00 as full compensation for the property taken, including any severance damages, business damages, damages to the remainder, and costs to cure, but does not include attorney fees or other such costs. This figure takes into account the basis for the appraised value and the potential risks and costs in proceeding to trial. The making of the Offer of Judgment will require the property owner to carefully assess her claims for compensation. Respondent has thirty days from the date of mailing the offer to accept. If Respondent accepts, the County will be required to pay an additional $4920.00 to Respondent. If Respondent rejects the offer and fails to recover more than $29,520.00 for Parcels 136, 836 and 936, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondent after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. The County Attorney' s Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for the property interests taken. This office considers the terms of the Offer of Judgment to be reasonable. FISCAL IMPACT: Funds in the amount of $4920.00 are available from the Transportation Road Supported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan. Agenda Item No. 16K1 April 13th, 2004 Page I of 6 RECOMMENDATION: That the Board of County Commissioners: approve the terms of the Offer of Judgment and authorize its service on Respondent; approve the expenditure of funds as stated; authorize $4920.00 to be paid to Respondent in the event the Offer of Judgment is accepted by Respondent; and approve Stipulated Final Judgment based on the acceptance of the Offer of Judgment. SUBMITYED BY: Heidi F. Ashton, Assistant County Attorney Date: REVIEWED BY: Date: Kevin Hendricks, ROW Acquisition Manager Tran sportation/ECM/ROW REVIEWED BY: Date: Gregg Strakaluse, P.E., Director Transportation/ECM REVIEWED BY: Norm Feder, Administrator Transportation Division Date: APPROVED BY: David C. Weigel, County Attorney Date: Agenda Item No. 16K1 April 13th, 2004 Page 2 of 6 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K1 Authorize Making an Offer of Judgment in Collier County v. David J. Frey, et al. Authorize the Making of an Offer of Judgment to Respondent, Nancy L. Johnson Perry, Successor-Trustee of the Dorothy L. Johnson Revocable Inter Vivos Trust under Agreement dated June 11, 1998, for Parcels 136, 836 and 936 in the Amount of $29,520.00 in the Lawsuit Styled Collier County v. David J. Frey, et al., Case No. 03-2353-CA (Golden Gate Parkway Project g60027). 4/13/2004 9:00:00 AM Prepared By Heidt F. Ashton County Manager's Office Assistant County Attorney County Attorney Office Approved By Kevin Hendricks Transportion Services Right Of Way Acquisition Manager Transportation Engineering and Construction Date 3/24/2004 4:59 PM Approved By Sharon Newman TransporUon Services Accounting Supervisor Transportation Administration Date 3/2S/2004 2:09 PM Approved By Gregg R. Strakaluse Transportion Services Transportation Engineering/ Construction Mgmt Director Transportation Engineering and Construction Date 3/2612004 4:33 PM Approved By David C. Weigel County Manager°s Office County Attorney County Attorney Oft"me Date 3/26/2004 4:15 PM Approved By Norm E. Feder, AICP Transportion Services Transportation Division Administrator Transportation Services Admin. Date 3/2912004 8:45 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/1/2004 1:24 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Dat~ 4/2/2004 5:33 PM Agenda Item No. 16K1 April 13th, 2004 Page 3 of 6 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, VS. DAVID J. FREY, et al., Respondents. Case No.: 03-2353-CA Parcel Nos.: 136, 836, 936 OFFER OF JUDGMENT TO: Paul A. Blucher, Esquire LAW OFFICES OF PAUL A. BLUCHER, P.A. 434 South Washington Boulevard Sarasota, FL 34236-7100 PETITIONER, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, F.S., and Fla.R.Civ. P. 1.442, does hereby make this binding Offer of Judgment in this action to Respondent, NANCY L. JOHNSON PERRY, SUCCESSOR-TRUSTEE OF THE DOROTHY L. JOHNSON REVOCABLE INTER VIVOS TRUST UNDER AGREEMENT DATED JUNE 11, 1998, for all compensation, including severance damages, business damages, statutory interest, costs to cure, together with the value of the taking, and any other claims of Respondent, NANCY L. JOHNSON PERRY, SUCCESSOR-TRUSTEE, rising out of the taking of Parcels 136, 836 and 936, in the total amount of Twenty-Nine Thousand Five Hundred Twenty Dollars and No/100 ($29,520.00), which includes the amount of $24,600.00 which was deposited pursuant to the Order of Taking dated September 12, 2003. There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include attorneys fees and costs. Agenda Item No. 16K1 April 13th, 2004 Page 4 of 6 The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondent(s) review upon reasonable notice of such a request. Dated this day of March, 2004. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile BY: HEIDI F. ASHTON, ESQUIRE Florida Bar No. 0966770 ATTORNEY FOR PETITIONER CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to Paul A. Blucher, Esquire, LAW OFFICES OF PAUL A. BLUCHER, P.A., 434 South W~shington Boulevard, Sarasota, FL 34236-7100 this day of March, 2004 via regular United States Mail. HEIDI F. ASHTON, ESQUIRE Agenda Item No. 16K1 April 13th, 2004 Page 5 of 6 The constructio,~ plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondent(s) review upon reasonable notice of such a request. Dated this ~ day of March, 2004. OFFICE OFTHE COUNTY ^TrORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile BY: HELDI F. ASHTON, ESQUIRE Florida Bar No. 0966770 ATTORNEY FOR PETITIONER CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to Paul A. Blucher, Esquire, LAW OFFICES OF PAUL A. BLUCHER, P.A., 434 South Washington Boulevard, Sarasota, FL 34236-7100 this day of March, 2004 via regular United States Mail. HEIDI F. ASHTON, ESQUIRE Agenda Item No. 16K1 April 13th, 2004 Page 6 of 6 EXECUTIVE SUMMARY Approve the Stipulated Order of Taking and Final Judgment Relative to the Acquisition of Parcels 159 and 160 in the Lawsuit Styled Collier County v. Anthony DiNorcia, Jr., et al. Vanderbiit Beach Road Project #63051. OBJECTIVE: That the Board of County Commissioners approve the Stipulated Order of Taking and Final Judgment as full and final compensation to be paid for the acquisition of easements designated as Parcels 159 and 160 for the Vanderbilt Beach Road project in the lawsuit styled Collier County v. Anthony DiNorcia, Jr., et al., Case No. 04-0031-CA. CONSIDERATIONS: On June 29, 2004, an Order of Taking hearing is scheduled in Collier County Circuit Court regarding the acquisition of Parcels 159 and 160 for the Vanderbilt Beach Road project (Project #63051). The appraiser's estimate of value dated April, 2003 is $33,200.00. The parties have agreed to settle this matter and enter a Stipulated Order prior to the scheduled hearing. After entry of the Stipulated order, the County will depOsit the sum of $33,200.00 into the Court Registry for Parcels 159 and 160. Through negotiations, the parties have reached a settlement agreement whereby the property owner will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 2003-231). The terms of the settlement agreement are set out in the Stipulated order of Taking and Final Judgment (attached as Exhibit "1"). The Stipulated Order of Taking and Final Judgment provides for $40,000.00 to be paid to Respondent, Anthony DiNorcia, Jr., as full compensation for the property rights taken as to Parcels 159 and 160; and $2244.00 to be paid to Lorena Hart Ludovici, Esquire for attorney fees. Staff has reviewed the County's obligations stated in the Stipulated Order of Taking and Final Judgment and considers them to be reasonable. FISCAL IMPACT: Funds in the amount of $42,344.00 are available from the Transportation Supported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: approve the Stipulated Order of Taking and Final Judgment; approve the expenditure of the funds as stated; and direct payment of $100 service fee to Clerk of Courts. Agenda Item No. 16K2 Apdl 13th, 2004 Page I of 8 SUBMITTED BY: Heidi F. Ashton, Assistant County Attorney Date: REVIEWED BY: Kevin Hendricks, ROW Acquisition Manager Transportation/ECM/ROW Date: REVIEWED BY: Gregg Strakaluse, P.E., Director Tmnsportation/ECM Date: REVIEWED BY: Norm Feder, Administrator Transportation Division Date: APPROVED BY: David C. Weigel, County Attorney Date: Agenda Item No. 16K2 April 13th, 2004 Page 2 of 8 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16 K2 Approve the Stipulated Order of Taking and Final Judgment Relative to the Acquisition of Parcels 159 and 160 in the Lawsuit Styled Collier County v. Anthony DiNomia, Jr., et al. Vanderbilt Beach Road Project #63051. Approve the Stipulated Order of Taking and Final Judgment Relative to the Acquisition of Parcels 159 and 160 in the Lawsuit Styled Collier County v. Anthony DiNorcia, Jr., et al. Vanderbilt Beach Road Pro)ect g63051. 4/1312004 9:00:00 AM Prepared By Heidi F. Ashton County Manager's Office Assistant County Attorney County Attorney Office Approved By Sharon Newman Transportion Services Accounting Supervisor Transportation Administration Date 3/25/2004 2:22 PM Approved By Grecd9 R. Strakaluse Transporflon Services Transportation Engineering/ Construction Mgmt Director Transportation Engineering and Construction Date 3/2612004 4:34 PM Approved By David C. Weigel County Manager's Office County Attorney County Attorney Office Date 3/2612004 4:19 PM Approved By Kevin Hendricks Transportion Services Right Of Way Acquisition Manager Transportation Engineering and Construction Date 3/2912004 11:57 AM Approved By Norm E. Feder, AICP Transportion Services Transportation Division Administrator Transportation Services Admin. Date 3/2912004 8:44 AM Approved By Susan Usher County Manager's Office Senior ManagementJBudget Analyst Office of Management & Budget Date 4/112004 7:09 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/5/2004 9:49 AM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/5/2004 6:22 PM Agenda Item No. 16K2 April 13th, 2004 Page 3 of 8 IN THE CIRCUIT COURT OF THE TWENTieTH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CI¥IL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of thc State of Florida, Petitioner, CASE NO. 04-0031 -CA PARCEL(S): 159, 160 ANTI{ONY DI NORCIA, JR., et al., Respondent. / STIPULATED ORDER OF TAKING AND FINAL JUDGMENT THIS CAUSE coming upon the Joint Motion for Entry of Stipulated Order of Taking and Final Judgment made by the Petitioner, COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, and the Defendant, ANTHONY Dl NORCIA, JR., as set forth hereinbelow, and it appearing that the parties were authorized to enter into such motion, and the Court finding that the compensation to be paid by the Petitioner is fulI, just and reasonable for all parties concerned, and the Court being fully advised in the premises, it is therefore, ADJUDGED as follows: 1. That the Court has jurisdiction of the subject matter and of the parties to this cause. 2. That the pleadings in this cause are sufficient, that the Petitionea' is properly exercising its delegated authority, and that the condemnation of Parcels 159 and 160 is necessary and for a valid public purpose. 3. That the Estimate of Value filed in this cause by the Petitioner was made in good faith and based upon a valid appraisal. 4. That upon the payment of the amount hereinafter specil~ed into the Registry of this G_~_¥LORD 3{ERLIN LUDOVICI DIAZ. & }]MN Agenda Item No. 16K2 April 13th, 2004 Page 4 of 8 Court, all right, title or interest specified for Parcels 159 and 160 in the Petition and as described below shall vest in the Petitioner, COLLIER COIJNTY, FLORIDA: SEE EXHIBIT A ATI'ACHED It is therefore, ORDERED and ADJUDGED as follows: 1. That the Defendant, ANTHONY DI NORCIA, JR., does have and recovers of and from the Petitioner, COLLIER COUNTY, FLORIDA, the sum of FORTY THOUSAND AND NO/100 ($40,000.00) DOLLARS in full payment for the property taken. 2. 'Dtat the Defendant, ANTHONY D1NORCIA, JR., does have and recovers of and bom the Petitioner, COLLIER COUNTY, FLORIDA, the sum of TWO THOUSAND TWO HUNDRED FiDRTY-FOUR DOLLARS ($2,244.00), for statutory attorneys' fees, pursuant to Fla. Stat. §73.091(1), for the sen, ices of Gaylord Merlin Ludovici Diaz & Bain. 3. Ynat the Petitioner shall deposit the tbtal sum of FORTY-TWO THOUSAND FOUR HUNDRED FORTY-FOU-R AND NO/100 DOLLARS ($42,244.00), being the total o fthe mounts set forth in paragraphs 1. and 2. 'above, into the Registry of the Court within twenty (20) days from the date of entry of this Stipulated Order of Taking and Final Judgment. 4. That upon deposit as set forth above and without further notice or Order of this Court, the Petitioner and its agents shall be entitled to immediate possession of the property described in the Petition as Parcels 159 and 160. 5. That upon deposit of the aforementioned funds, the Clerk of the Court shall forthwith pay to Gaylord Merlin Ludovici Diaz & Bain, as attomeys for Defendant, the sum of FORTY-TWO THOUSAND TWO HUNDRED FORTY-FOUR AND NO/100 ($42,244.00) DOLLARS, less any CJAYLORD M33RLIN LUDO'VICI Dm & B~r~ Agenda Item No. 16K2 April 13th, 2004 Page 5 of 8 prorated taxes due the tax collector, if applicable, as to Pamels 159 and 160. Immediately upon issue D' the Clerk and s~,~ect to claims ofDefendam, He~rm~ox Con.~mction, !nc.: said pv. yment sb~!! be forwarded by regular U.S. Mai/ to Gaylord Merlin Ludovici Diaz & Bain, Attn.: Lorena Hart Ludovici, Esq., 5001 West Cypress Street, Tampa, Florida 33607. 6. That this Court reserves jurisdiction pending a determination as to additional attorneys' fees and costs to be taxed against the Petitioner in this cause as to the Defendant, ANTHONY DI NORCIA, JR., upon proper application. DONE and ORDERED in Chambers at Naples, Collier County, Florida, this . day of March, 2004. CIRCUIT JUDGE Copics lLu-nished to: lteidi F. Ashton, Esquire Lorena Hart Ludovici, Esquire JOINT MOTION Petitioner, COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, and the.Defendant, ANTHONY D! NORCIA, ,IR., by m~d through their undersigned counsel, respectfully move for entry of the forego~ ~g SilVer atLT.ak~ Final Judgment as to Parcels 159 and 160. HEIDI F. ASHTON, ESQUI~--~ , Q. Florida Bar .No. 9066770 Florida Bar No. 847062 Assistant County Attorney Office of the County Attorney Harmon Turner Building 3301 Fast Tamiami Trail Naples, Florida 34112 Attorney for Petitioner GAYLORD MERLIN LUDOVICI DIAZ & BAIN 5001 West Cypress Street Tampa, Florida 33607 Telephone: (813) 221-9000 Facsimile: (813) 221-9030 Attorneys for Defendant Anthony Di Nomia, Jr. GAYLORD J~J. ERLIN JJUDO¥ICI DIAZ & BAIN Agenda Item No. 16K2 April 13th, 2004 Page 6 of 8 FEE SIMPLE f N-rEREST BILT BEACH ROAD/ EXISTING 145' ROW SBg'O5'O0"E 165.01' .30' DRAINACE T----~ 165.00' I ~'T 9 40' 80' ' 120' SCALE: 1"= 80' ' Notes: 1. '[his iS not o survey. 2. Bosis of becring Is plat. 3. Subject to easements, reservations ond restrictions of record. 4. Eoserne~ts ahown hereo~3 ore per plot. unless otherwise noted. 5. ROW represents Right of Way. OESCRIP TION: The Northerly 60.00 feet of The West 16§ feet of Tract 9, Golden Gate EstGtes, Unit 2, o3 recorded in Plot Book 4, Page 75, of thc Public Records of Collier .County, ~-IorJdo. Contoini~g 0.227 ccres more or less. Agenda Item No. 16K2 April 13th, 2004 Page 7 of 8 FEE LT BEACH ROAD___._../. - EX~STiNG 145' ROW S89'05'00'E 165.01' .30' DRAINAGE E/ EXHIBIT___~ IOD 165.00' 0 40' 80' t20' SCALE: 1"=80' 1. This is not e survey. 2. Basis of bearing is plat. 5. Subject to and restric'Jons of 4. £osernents shown hereon are per plat. 5. ROW represents Right of Way. DESCRIP~ON: The Norther!y 60.00 feet of The ['<3st [65 fee[[ of Tract 9. Go:den Gate Estates, Unit 2, as recorded in Plot Bock 4, Page 75, of the Public Records of Co;lief County, ~lorido- Containing 0.227 acres more o¢ less. ~ UC NO. 583~ - ' ' NOT VAUD TH~' ORIO~ ~D ~ ~ A ~DA LI~D S~ AND M~P[R FOLIO Agenda Item No. 16K2 April 13th, 2004 Page 8 of 8 EXECUTIVE SUMMARY Approve the Stipulated F'mal Judgment Relative to the Acquisition of Parcels 137, 737, 837 and 937 in the Lawsuit Styled Collier County v. Helen Twitty, et al., Case No. 03-2284-CA (Golden Gate Parkway Project g60027). OB~IECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of Parcels 137, 737, 837 and 937 for the Golden Gate Parkway project in the lawsuit styled Collier County v. Helen Twitty, et al., Case No. 03-2284-CA. CONSIDERATIONS: On September 12, 2003 an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcels 137, 737, 837 and 937 for the Golden Gate Parkway project (Project No. 60027). On September 26, 2003, Collier County deposited with the Registry of the Court the sum of $24,000.00 for Parcels 137, 737, 837 and 937 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owner will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 2003-37). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1"). The Stipulated Final Judgment provides for $30,300.00 to be paid to Respondent, Helen Twitty, as full compensation for the property rights taken as to Parcels 137, 737, 837 and 937; and $1584.00 to be paid to Ken Jones, Esquire for attorney fees, and $3250.00 for appraisal fees. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and confiders them to be reasonable. FISCAL IMPACT: Funds in the amount of $11,234 are available from the Transportation Supported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 2. 3. 4. approve the Stipulated Final Judgment; approve the expenditure of the funds as stated; direct staff to deposit the sum of $6300 into the Court Registry; and direct payment of $100 service fee to Clerk of Court.. SUBMITYED BY: Heidi F. Ashton, Assistant County Attorney Date: Agenda Item No. 16K3 April 13th, 2004 Page 1 of 12 REVIEWED BY: Kevin Hendricks, ROW Acquisition Manager Transportation/ECM/ROW Date: REVIEWED BY: Gregg Strakaluse, P.E., Director Transportation/ECM Date: REVIEWED BY: Norm Feder, Administrator Transportation Division Date: APPROVED BY: David C. Weigel, County Attorney Date: Agenda Item No. 16K3 April 13th, 2004 Page 2 of 12 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K3 Approve the Stipulated Final Judgment Relative to the Acquisition of Parcels 137, 737, 837 and 937 in the Lawsuit Styled Collier County v. Helen Twitty, et al., Case No. 03-2284-CA (Golden Gate Parkway Project ~60027). Approve the Stipulated Final Judgment Relative to the Acquisition of Parcels 137,737,837 and 937 in the Lawsuit Styled Collier County v. Helen Twitty, et al. Case No. 03-2284-CA (Golden Gate Parkway Project #60027). 4/13/2004 9:00:00 AM Prepared By Heidi F. Ashton County Manager's Office Assistant County Attorney County Attorney Office Approved By Sharon Newman Transportion Services Accounting Supervisor Transportation Administration Date 3/25/2004 2:27 PM Approved By David C. Weigel County Manager's Office County Attorney Date County Attorney Office 3/26/2004 4:20 PM Approved By Kevin Hendricks Transportion Services Right Of Way Acquisition Manager Transportation Engineering and Construction Date 312912004 11:58 AM Approved By Gregg R. Strakaluse Transportion Services Transportation Engineering/ Construction Mgmt Director Transportation Engineering and Construction Date 3/2912004 9:19 AM Approved By Norm E. Peder, AICP Transportion Services Transportation Division Administrator Transportation Services Admin. Date 3/29/2004 8:54 AM Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Office of Management & Budget Date 4/1/2004 7:14 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/5/2004 9:46 AM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/5/2004 6:39 PM Agenda 1tern No. 16K3 April 13th, 2004 Page 3 of 12 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, VS. Petitioner, Case No.: Parcel Nos.: 03-2284-CA 137,737, 837 & 937 HELEN TWlTTY, et al., Respondents. / STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondent, HELEN TWlTI'Y, by and through her undersigned counsel, for entry of a Stipulated Final Judgment as to Parcels 137, 737, 837 and 937, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner, COLLIER COUNTY, FLORIDA, is the full compensation due Respondent, HELEN TW1TTY, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent, HELEN TWITTY, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Thirty Thousand Three Hundred Dollars and No/100 ($30,300.00) for Parcels 137, 737, 837 and 937 as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcels; it is further Agenda Item No. 16K3 April 13th, 2004 Page 4 of 12 ORDERED that Respondent, HELEN TWITrY, receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Fifteen Hundred Eighty-Four Dollars and No/100 ($1,584.00) for statutory attomey fees pursuant to Section 73.092(1)(c), F.S., for Parcels 137, 737, 837 and 937; it is further ORDERED that Respondent, HELEN TWITTY, receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Thirty-Two Hundred Fifty Dollars and No/100 ($3250.00) for appraisal fees, pursuant to Section 73.091, F.S.; it is further ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall deposit an additional Sixty-Three Hundred Dollars and No/100 ($6300.00) subject to approval of the Board of County Commissioners within thirty days of the date of this Stipulated Final Judgment; it is further ORDERED that the Court reserves jurisdiction for apportionment of the award to Respondent, HELEN TWITTY, and all mortgagees, judgment holders and other claimants; it is further ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shah pay the sum of Fifteen Hundred Eighty-Four Dollars and No/100 ($1584.00) within thirty days of the date of this Stipulated Final Judgment, to KENNETH A. JONES, ESQUIRE, Roetzel & Andress, 2320 First Street, Suite 1000, Fort Myers, FL 33901 for attorney fees; it is further ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay the sum of Thirty- Two Hundred Fifty Dollars and No/100 ($3250.00) to the ROETZEL & ANDRESS TRUST ACCOUNT, c/o Kenneth A. Jones, Esquire, Roetzel & Andress, 2320 First Street, Suite 1000, Fort Myers, FL 33901 for appraisal fees; it is further ORDERED that title to Parcels 137, 737, 837 & 937, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner, COLLIER COUNTY, FLORIDA, pursuant to the Order of Taking dated September 12, 2003, and the deposit of money heretofore made, are approved, ratified, and confirmed; it is further Agenda Item No. 16K3 April 13th, 2004 Page 5 of 12 ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 3307, Page 3384 of the Public Records of Collier County, Florida be dismissed as to Parcels 137, 737, 837 and 937; and it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of ,2004. CIRCUIT COURT JUDGE conformed copies to: Heidi F. Ashton, Esquire Kenneth A. Jones, Esquire E. Glenn Tucker, Esquire Ronald Bender, Trustee Michele Bender, Trustee D.I.S.C. Village, Inc. Kevin Hendricks, Trans/ECM Bookkeeping Agenda Item No. 16K3 April 13th, 2004 Page 6 of 12 JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request Stipulated Final Judgment as to Parcels 137,737, 837 and 937. this Court to enter the foregoing DaSd: DaSd: KENNETH A. JONES, ESQUIRE Florida Bar No.: 0200158 ROETT;RI. & ANDRESS 2320 First Street, Suite 1000 Fort Myers, FL 33901 (239) 337-3850- Telephone (239) 337-0970- Facsimile ATI'ORNEY FOR RESPONDENT HEIDI F. ASHTON, ESQUIRE Florida Bar No.: 0966770 OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8400- Telephone (239) 774-0225 - Facsimile ATTORNEY FOR PETITIONER Agenda Item No. 16K3 April 13th, 2004 Page 7 of 12 JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcels 137, 737, 837 and 937. R;3~;sI~' ;treet, Suite 1000 Fort l~Iyers, FL 33901 (239) 337-3850- Telephone (239) 337-0970- Facsimile ATTORNEY FOR RESPONDENT ~ONES, ESQUIRE ~o.: 0200158 t ANDRESS Dated: HE1Di F. ASHTON, ESQUIRE Florida Bar No.: 0966770 OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile ATTORNEY FOR PETITIONER Agenda Item No. 16K3 April 13th, 2004 Page 8 of 12 '¥..XELII~IT A aAT~ P&R~WA¥ (CR PARC~ 1,37 I I . :;;;.:,....'. Agenda Item No. 16K3 April 13th, 2004 Page 9 of 12 Agenda Item No. 16K3 April 13th, 2004 Page 10 of 12 J I 'EXRII~iT ~- 29 TROT 85 Agenda Item No. 16K3 April 13th, 2004 Page 11 of 12 Agenda Item No. 16K3 April 13th, 2004 Page 12 of 12 EXECUTIVE SUMMARY Authorize the making of an Offer of Judgment to Respondent Edith G. Street for Respondent's undivided one-haft interest in Parcel No. 159A in the amount of $10,000.00 in the lawsuit styled Collier County v. Andy R. Morgan, etal., Case No. 02-5169-CA (Immokalee Road Project #60018). OB~IECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to Respondent, Edith G. Street ("Respondent"), in the amount of $10,000.00, as full compensation for Respondent's undivided one-half interest in Parcel No. 159A, excepting attorney's fees, costs, and interest, for the fee simple acquisition arising out of the condenmation Parcel No. 159A in Collier County v. Andy R. Morgan, et al., Case No. 02- 5169-CA. CONSIDERATIONS: On May 13, ~.003, an Order of Taking was entered in Collier County Circuit Court regarding the fee simple acquisition of Parcel 159A for the Immokalee Road Project (Project No. 60018). On May 20, 2003, Collier County deposited with the Registry of the Court the sum of $18,000.00 for all of Parcel 159A in accordance with the Order of Taking. It was later discovered that the former husband still had an interest in the property, and his half interest is being acquired in a separate lawsuit. The Offer of Judgment, a copy of which is attached, offers the property owner the sum of $10,000.00 as full compensation for Respondent's undivided one-half interest in Parcel No. 159A, including any severance damages, business damages, damages to the remainder and costs to cure, but does not include attorney's fees or other such costs, and interest. This figure is based on the application of the highest comparable unit value to the subject parcel and takes into account the potential risks and costs in proceeding to trial. The making of the Offer of Judgment will require the Respondent to carefully assess her claims for compensation. Respondent will have thirty days from the date of mailing the offer to accept. If Respondent accepts, $10,000.00 will be paid to Respondent by Stipulated Final Judgment of the court. If Respondent rejects the offer, and fails to recover more than $10,000.00 for Respondent's undivided one-half interest in Parcel 159A, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondent after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. The County Attorney's Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for the property interests taken. This office considers the terms of the Offer of Judgment to l~e reasonable. Should Ms. Street accept the offer, a Stipulated Final Judgment will be prepared which will refund the balance of the deposit, $8,000.00, to the County. FISCAL IMPACT: None. Funds in excess of the offer amount are on deposit with the Clerk. Agenda Item No. 16K4 April 13th, 2004 Page I of 5 GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: Approve the terms of the Offer of Judgment and authorize its service on Respondent, and Approve the expenditure of funds as stated; and Approve Stipulated Final Judgment based on an acceptance of the Offer of Judgment, and authorize payment accordingly. SUBMITTED BY: Ellen T. Chadwell Assistant County Attorney Date: REVIEWED BY: REVIEWED BY: Kevin Hendricks, ROW Acquisition Manager Transportation/ROW Gregg Strakaluse, Director Transportation/ECM Date: Date: REVIEWED BY: Norman Feder, Administrator Transportation Division D ate: APPROVED BY: David C. Weigel, County Attorney Date: 2 Agenda Item No. 16K4 April 13th, 2004 Page 2 of 5 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K4 Authorize an Offer of Judgment to Edith G. Street for Respondent's undivided one-half interest in Parcel No. 159A in the amount of $10,000.00 (Collier County v. Andy R. Morgan, et al., Case No. 02-5169-CA, Immokalee Road Project #60018). Authorize the making of an Offer of Judgment to Respondent Edith G. Street for Respondenrs undivided one-half interest in Parcel No. 159A in the amount of $10,000.00 in the lawsuit styled Collier County v. Andy R. Morgan, et al., Case No. 02-5169-CA (Immokalee Road Project/~0018). 4/13/2004 9:00:00 AM Prepared By Jeffrey C. Clapper County Manager's Office Legal Assistant County Attorney Office Approved By Ellen T. Chadwell County Manager's Office Assistant County Attorney County Attorney Office Date 3125/2004 9:21 AM Approved By Gregg R. Strakaluse Transportion Services Transportation Engineering/ Construction Mgmt Director Transportation Engineering and Construction Date 3/'2612004 4:48 PM Approved By David C. Weigel County Manager's Office County Attorney County Attorney Office Date 3/26/2004 4:49 PM Approved By Norm E. Feder, AICP Transportion Services Transportation Division AdminiStrator Transportation Services Admin. Date 3129/2004 5:36 PM Approved By Kevin Hendricks Transport, ion Services Right Of Way Acquisition Manager Transportation Engineering and Construction Date 3/29/2004 12:03 PM Approved By Lisa Taylor TransportiOn Services Management/Budget Analyst Transportation Administration Date 3/29/2004 2:32 PM Approved By Sharon Newman Transportion Services Accounting Supervisor Transportation Administration Date 312912004 2:43 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 415/2004 9:39 AM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 415/2004 6:46 PM Agenda Item No. 16K4 April 13th, 2004 Page 3 of 5 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, Case No. 02-5169-CA Petitioner, Parcel No.: 159A VS. ANDY R. MORGAN, et al., Respondents. OFFER OF JUDGMENT TO: Edith G. Street c/o Richard Yovanovich, Esq. GOODLETYE, COLEMAN & JOHNSON 4001 Tamiami Trail, N., Ste. 300 Naples, FL 34103 Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the Respondent, EDITH G. STREET ("Respondent"), for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, and any other claims of Respondent arising out of the taking of Respondent's undivided one-half interest in Parcel 159A, in the total amount of Ten Thousand and No/100 Dollars ($10,000.00), for a one- half interest in Parcel 159A. There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include interest from the date of the Order of Taking or attorney's fees and costs. Agenda Item No. 16K4 April 13th, 2004 Page 4 of 5 The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondent's review upon reasonable notice of such a request. Dated this day of April, 2004. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile BY: ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 ATTORNEY FOR PETITIONER CERTIFICATION OF SERVICE I HEREBY CERTIFY that a tree and correct copy of the foregoing Offer of Judgment has been furnished by U.S. Mail, to: Richard Yovanovich, Esq., GOODLETFE, CO! iF. MAN & JOHNSON, 4001 Tamiami Trail, N., Ste. 300, Naples, FL 34103 on this ~ day of April, 2004.. ELLEN T. cHADWELL, ESQUIRE Agenda Item No. 16K4 April 13th, 2004 Page 5 of 5 EXECUTIVE SUMMARY Approve the Stipulated Final Judgment relative to the acquisition of Parcel 196 in the lawsuit styled Collier County v. Robert W, Pieplow, et al., Case No. 02- 2133-CA (Immokalee Road Project # 60018). OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the fee simple interest of Parcel 196 for the Immokalee Road project in the lawsuit styled Collier County v. Robert W. Pieplow, et al., Case No. 02-2133-CA. CONSIDERATIONS: On September 5, 2002, an Order of Taking was entered in Collier County Circuit Court regarding the fee simple acquisition of Parcel 196 for the Immokalee Road project (Project No. 60018). On September 19, 2002, Collier County deposited into the Court Registry the sum of $6,200.00 for Parcel 196 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby Respondent, Juliann S. Boback, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No.02-125). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "A"). The Stipulated Final Judgment provides for $7,000.00 to be paid to the Respondent as full compensation for the property rights taken as to Parcel 196. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. FISCAL IMPACT: Funds in the amount of $900.00 (includes Clerk's fee of $100.00) are available in the FY 04 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT. Management Plan. Consistent with the Collier County Growth RECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Final Judgment; 2. approve the expenditure of the funds as stated; and 3. direct staff to pay the sums set forth in the Stipulated Final Judgment to Respondent, Juliann S. Boback. SUBMITTED BY: Date: Agenda Item No. 16K5 April 13th, 2004 Page 1 of 8 Ellen T. Chadwell Assistant County Attorney REVIEWED BY: Date: Kevin Hendricks, Manager Right of Way Acquisition Transportation Utilities & Engineering Dept. REVIEWED BY: Gregg Strakaluse, P.E., Director Transportation Engineering & Construction Management Date: APPROVED BY: Norman E. Feder, Administrator Transportation Division Date: APPROVED BY: David C. Weigel, County Attorney Date: Agenda Item No. 16K5 April 13th, 2004 Page 2 of 8 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K5 Approve the Stipulated Final Judgment relative to the acquisition of Parcel 196 in the lawsuit styled Collier County v. Robert W. Pieplow, et al., Case No. 02- 2133-CA (Immokalee Road Project # 60018). Approve the Stipulated Final Judgment relative to the acquisition of Parcel 196 in the lawsuit styled Collier County v. Robert W. Pieplow, et al., Case No. 02- 2133-CA (Immokalee Road Project # 60018). 4/13/2004 9:00:00 AM Jeffrey C. Clapper County Manager's Office Legal Assistant County Attorney Office Approved By Ellen T. Chadwetl County Manager's Office Assistant County Attorney County Attorney Office Date 3/2512004 9:02 AM Approved By Gregg R. Strakaluse Transportion Services Transportation Engineering/ Construction Mgmt Director Transportation Engineering and Construction Date 3/2612004 4:47 PM Approved By David C. We/gel County Manager's Office County Attorney County Attorney Office Date 3/26/2004 4:23 PM Approved By Lisa Taylor Transport/on Services Management/Budget Analyst Transportation Administration Date 3/26/2004 11:55 AM Approved By Sharon Newman Transporfion Services Accounting Supervisor Transportation Administration Date 3/26/2004 10:34 AM Approved By Kevin HendHcks Transport/on Services Right Of Way Acquisition Manager Transportation Engineering and Construction Date 3/29/2004 11:59 AM Approved By Norm E. Feder, AICP Transport/on Services Transportation Division Administrator Transportation Services Admin. Date 3/2912004 8:51 AM Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Office of Management & Budget Date 41112004 7:18 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/212004 4:38 PM Approved By James V, Mudd County Manager Date Agenda Item No. 16K5 April 13th, 2004 Page 3 of 8 Board of County County Manager's Office 4/5/2004 6:43 PM Commissioners Agenda Item No. 16K5 Apdl 13th, 2O04 Page 4 of 8 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA ~ ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, VS. ROBERT W. PIEPLOW, et ux, et al. Respondents. Ca.so No.: 02-2133-CA-TB parcel No.: 196 ST]~ULATED FINAL JUDGMENT AS TO PARCEL 196 TI-IIS CAUSE having come before the Court upon Joint Motion made by Petitioner, by and through its undersigned counsel, and Respondent, JUL[ANN S. BOBACK, for entry of a Stipulated Final Judgment as to Parcel No. 196, and it app~ting to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondent, JUL[ANN S. BOBACK, and the Court being otherwise fullY advised in the premises thereot~ it is thereupon ORDERED AND ADJUDGED that Respondent, JULIANN S. BOBACK, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Seven Thousand and No/100 Dollars ($7,000.00) for Parcel No. 196 as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property ~as taken, business damages, and for all other damages in connection with said parcel; it is further ORDERED that Petitioner shall deposit an additional Eight Hundred and Nof100 Dollars ($800.00) subject to approval &the Board of County Commissioners within thirty (30) days of the date of this Stipulated Fixml Judgment; it is further Agenda Item No. 16K5 April 13th, 2004 Page 5 of 8 ORDERED that no attorneys fees or other costs shall be awarded in connection with the above cause of action as it ~elates to Pamel 196; and it is ftmher ORDERED that the Clerk of this Court shall disburse the total amount of Seven Thousand and No/100 Dollars ($7,000.00) to Juliann S. Boback, 28009 Liberty Drive, Warcen, MI 48092, less any amounts previously paid for the benefit of Respondent, JULIANN S. BOBACK; and it is ORDERED that title to Pm'eel No. 196, being fully descn3~xl in Exhibit "A' attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated SetXember 5, 2002, and the deposit of money heretofore made, are approved, raffled, and ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Reca3rd Book 3046, Page 0304 of the Public Records of Collier County, Florida be dismissed as to Parcel No. 196; it is therefor DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of ,2004. Ted Brousseau Circuit Court Judge Ellen T. Chadwell, Assistant County Attorney Juliann S. Boback E. Glenn Tucker, Esq. Bookkeeping 2 Agenda Item No. 16K5 April 13th, 2004 Page 6 of 8 JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby slipulat¢ and respectf~y request this Court to enter t~e foregoing Stipulated Final Judgment as to Parcel No. 196. ~S. BOBACK ~'arr~ k,~ 48092-2540 (586) $73-0~97 - Phone RESPONDENT ELLEN T. CBADWELL, ESQUIRE Florida Bar No. 0983860 Assistant County Attorney 3301 East Tamiami Trail, 8a Floor Naples, Florida 34112 (239) 774-8400 - Phon~ (239) 774-0225 - Facsimile A'ITORNEY FOR PETITIONER Agenda Item No. 16K5 Apdl 13th, 2004 Page 7 of 8 ~£~ I, 'Ocl '~ '~l'O )OVl3OI3 'S NN¥,LIllr :H:O¥130fl '¥ ~HOI' .00'0[~ I .OL.ELO0 N EXECUTIVE SUMMARY Authorize the making of an Offer of Judgment to Respondents Jimmie L. Rogers and Betty L. Rogers for the fee taking of Parcel No. 200 in the amount of $74,800.00 in the lawsuit styled Collier County v. Jeffrey A. Richardson, et al., Case No. 02-2188-CA (Immokalee Road Project #60018). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to Respondents, Jimmie L. Rogers and Betty L. Rogers ("Respondents"), in the amount of $74,800.00, as full compensation, excepting attorney's fees, costs, and interest, for the fee simple acquisition arising out of the condemnation of Parcel No. 200 in Collier County v. Jeffrey A. Richardson, et al., Case No. 02-2188-CA. CONSIDERATIONS: On August 27, 2002, an Order of Taking was entered in Collier County Circuit Court regarding the fee simple acquisition of Parcel 200 for the Immokalee Road Project (Project No. 60018). On September 12, 2002, Collier County deposited with the Registry of the Court the sum of $61,700 for Parcel 200 in accordance with the Order of Taking. The Offer of Judgment, a copy of which is attached, offers the property owners the sum of $74,800.00 as full compensation for the property taken, including any severance damages, business damages, damages to the remainder and costs to cure, but does not include attorney's fees or other such costs, and interest. - This figure is based on the application of the highest comparable unit value to the subject parcel and takes into account the potential risks and costs in proceeding to trial. The making of the Offer of Judgment will require the Respondents to carefully assess their claims for compensation. Respondents will have thirty days from the date of mailing the offer to accept. If Respondents accept, the County will be required to deposit $13,100.00 into the registry of the Court, which will be paid to Respondents by Stipulated Final Judgment of the court. If Respondents reject the offer, and fail to recover more than $74,800.00 for Parcel 200, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondents after the date of the offer' s rejection. This would include any expert witness fees, such as appraisal fees: The County Attorney's Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for the property interests taken. This office considers the terms of the Offer of Judgment to be reasonable. FISCAL IMPACT: Funds in the amountlof $13,100.00 are available in the FY 04 adopted budget. Source of funds are Gas Taxes and Impact Fees. ' GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION, That the Board of County Commissioners: Agenda Item No. 16K6 Apdl 13th, 2004 Page 1 of 6 Approve the terms of the Offer of Judgment and authorize its service on Respondents, and Approve the expenditure of funds as stated; and Approve Stipulated Final Judgment based on an acceptance of the Offer of Judgment, and authorize payment accordingly. SUBMITTED BY: Ellen T. Chadwell Assistant County Attorney Date: REVIEWED BY: Kevin Hendricks, ROW Acquisition Manager Transportation/ROW Date: REVIEWED BY: Gregg Strakaluse, Director Transportation/ECM Date: REVIEWED BY: Norman Feder, Administrator Transportation Division Date: APPROVED BY: David C. Weigel, County Attorney Date: 2 Agenda Item No. 16K6 April 13th, 2004 Page 2 of 6 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K6 Authorize the making of an Offer of Judgment to Respondents Jimmie L. and Betty L. Rogers for the fee taking of Parcel No. 200 in the amount of $74,800 (Collier County v. Jeffrey A. Richardson, et al, Case No. 02-2188-CA. Immokalee Rd Project ~50018) Authorize the making of an Offer of Judgment to Respondents Jimmie L. Rogers and Betty L. Rogers for the fee taking of Parcel No. 200 in the amount of $74,800.00 in the lawsuit styled Collier County v. Jeffrey A. Richardson, et al., Case No. 02-2188-CA (Immokalee Road Project g60018). 4/13/2004 9:00:00 AM Prepared By Jeffrey C. Clapper County Manager's Office Legal Assistant County Attorney Office Approved By Ellen T, Chadwell County Manageds Office Assistant County Attorney County Attorney Office Date 3/2512004 9:23 AM Approved By Gregfl R. Strakaluse Transportion Services Transportation Engineering/ Construction Mgmt Director Transportation Engineering and Construction Date 3/2612004 4:48 PM Approved By David C. Weigel County Manager's Office County Attorney County Attorney Office Date 3/26/2004 4:48 PM Approved By Lisa Taylor Transportion Services Management/Budget Analyst Transportation Administration Date 3/26/2004 11:59 AM Approved By Kevin HendricJ(s Transportion Services Right Of Way Acquisition Manager Transportation Engineering and Construction Date 3/29/2004 12:'10 PM Approved By Norm E. Feder, AICP Transportion Services Transportation Division Administrator Transportation Services Admin. Date 3/2912004 9:1 {) AlVl Approved By Sharon Newman Transportion Services Accounting Supervisor Transportation Administration Date 3/29/2004 2:41 PM Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Office of Management & Budget Date 4/112004 7:20 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/2/2004 8:21 AM Approved By James V. Mudd County Manager Agenda Iter~O, 16K6 April 13th, 2004 Page 3 of 6 Board of County County Manager's Office 4/2/2004 3:38 PM Commissioners Agenda Item No. 16K6 April 13th, 2OO4 Page 4 of 6 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, Vo Petitioner, JEFFREY A. RICHARDSON, et al., Respondents. Case No.: 02-2118-CA Parcel Nos.: 200 OFFER OF JUDGMENT TO: Jimmie L. Rogers Betty L. Rogers c/o Kenneth A. Jones, Esq. Roetzel and Andress 2320 First Street Suite 1000 Ft. Myers, FL 33901-3419 Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the Respondents, JIMMIE L. ROGERS and BETTY L. ROGERS ("Respondents"), for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, and any other claims of Respondents arising out of the taking of Parcel 200, in the total amount of Seventy Four Thousand Eight Hundred and No/100 Dollars ($74,800.00), for Parcel 200, which includes the amount of $61,700.00 which was deposited pursuant to the Order of Taking dated August 27, 2002. This offer is being made jointly to Jimmie L. Rogers and Betty L. Rogers, cannot be apportioned in any manner, and can only be accepted by both Respondents. Agenda Item No. 16K6 April 13th, 2004 Page 5 of 6 There are no non-monetary terms or other relevant conditions to this offer except that this Offer does not include interest from the date of the Order of Taking or attorneys fees and costs. The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondents' review upon reasonable notice of such a request. Dated this day of April, 2004. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile BY: ELLEN T. CHADWELL, ESQUIRE Florida Bar NO. 0983860 ATTORNEY FOR PETITIONER CERTIFICATION OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Offer of Judgment has been furnished by U.S. Mail, to: Kenneth A. Jones, Esq., ROETZEL AND ANDRESS, 2320 First Street, Suite 1000, Ft. Myers, FL 33901-3419, on this day of April, 2004.. ELLEN T. CHADWELL, ESQUIRE Agenda Item No. 16K6 April 13th, 2004 Page 6 of 6 EXECUTIVE SUMMARY Approve the Mediated Settlement Agreement as to Parcels 151 and 152 in the lawsuit stYled Collier County v. John F. Sudal, et aL, Case No. 02-5168-CA (Immokalee Road Project 60018). OBJECTIVE: That the Board of County Commissioners approve the Mediated Settlement Agreement and Stipulated Final Judgment as to Parcels 151 and 152 in the lawsuit styled Collier County v. John F. Sudal, et al, Case No. 02-5168-CA (Immokalee Road Project 60018). CONSIDERATIONS: On May 13, 2003, an Order of Taking was entered in Collier County Circuit Court regarding the fee simple acquisition of Parcels 151 and 152 for the Immokalee Road project (Project No.' 60018). On May 20, 2003, Collier County deposited into the Court Registry the sum of $159,200.00 for Parcels 151 and 152 in accordance with the Order of Taking. On March 25, 2004, at a Mediation Conference the parties agreed to a Mediated Settlement Agreement whereby the property owners will be fully and fairly compensated for the property interest taken for public purposes enumerated in the resolution of condemnation (Resolution No 2002-511). ' The Stipulated Final Judgment provides for $190,000.00 to be paid to Respondent, Marilyn Lewis, as full compensation for the property rights taken as to Parcels 151 and 152 and $13,200.00 to Douglas L. Rankin, Esq. for attorney fees. Staff has reviewed the COunty's obligations stated in the Stipulated Final Judgment and considers them to be reasonable. FISCAL IMPACT: Funds in the amount of $44,000.00 are available in the FY 2004 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Mediated Settlement Agreement; 2. Approve the expenditure of the funds as stated; Approve a Stipulated Final Judgment based on the terms of the Mediated Settlement Agreement; and authorize payment accordingly. Agenda Item No. 16K7 Apdl 13th, 2004 Page 1 of 12 SUBMITTED BY: Ellen T. Chadwell Assistant County Attorney Date: REVIEWED BY: Kevin Hendricks, ROW Acquisition Manager Transportation/ROW D ate: REVIEWED BY: Gregg Strakaluse, Director Transportation/ECM Date: REVIEWED BY: Norman Feder, Administrator Transportation Division Date: APPROVED BY: David C. Weigel, County Attorney Date: Agenda Item No. 16K7 Apdl 13th, 2004 Page 2 of 12 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K7 Approve the Mediated Settlement Agreement as to Parcels 151 and 152 in the lawsuit styled Collier County v. John F. Sudal, et al., Case No. 02-5168-CA (Immokalee Road Project 60018). Approve the Mediated Settlement Agreement as to Parcels 151 and 152 in the lawsuit styled Collier County v. John F. Sudal, et al,, Case No. 02-5168-CA (Immokalee Road Project 60018). 4/13/2004 9:00:00 AM Prepared By Jeffrey C. Clapper County Manager's Office Legal Assistant County Attorney Office Approved By Gregg R. Strakaluse Transportion Services Transportation Engineering/ Construction Mgmt Director Transportation Engineering and Construction Date 3~26~2004 4:49 PM Approved By David C. Weigel County Managers Office County Attorney County Attorney Office Date 3/2612004 4:48 PM Approved By Lisa Taylor Transportion Services Management/Budget Analyst Transportation Administration Date 3/26/2004 12:01 PM Approved By Ellen T. Chadwell County Manager's Office Assistant County Attorney County Attorney Office Date 3/29/2004 5:t7 PM Approved By Kevin Hendricks Transportion Services Right Of Way Acquisition Manager Transportation Engineering and Constructien Date 3/2912004 12:11 PM Approved By Norm E. Feder, AICP Transportion Services Transportation Division Administrator Transportation Services Admin. Date 3/29/2004 9:11 AM Approved By Sharon Newman Transportion Services Accounting Supervisor Transportation Administration Date 3/29/2004 1:18 PM Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Office of Management & Budget Date 4/112004 7:22 PM ' Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/5/2004 3:43 PM Approved By James V. Mudd County Manager Date Agenda Item No. 16K7 April 13th, 2004 Page 3 of 12 Board of County County Manager's Office 4/5/2004 6:49 PM Commissioners Agenda Item No. 16K7 April 13th, 2004 Page 4 of 12 t IN THE CIRCU1Z' CO .U_KT O~ THE TW~IUDICIA~.. CIRCUIT .." IN AND FQR COLLIER COUNT~, FLORIDA "' ° ' CIVIL ACTION COLLIER COUNTY, FLORIDA, a po~tic~ subdiv/sion or'the StaIe of Flor/da, Petitioner, V. CASE NO.: 02-5168-CA PARCEL NOS.: 151 & 152 Defendants. MEDIATl=33 SETTI.EMENT AGRlk-h-'MENT At a Mediation Conference held on March 2:5, 2004, the part/~ re~claed the following Settlement Agreement: ,- thesumof$ Iq0t000. ~t4o9 infuilsettleme~tofallclaimsforcompens~onfrom ~' .?ion~ w~at~ .s ,oe?e~, including statutory interest, t~t exc~uai~o ~ .~.~,~ fees ~,~ --,.. . - 2. Petitioner is entitled to a credit in the _am_~ of$../'~,a20~. ~O,~dt~ which was previously deposited in the Registry of the Court in this case by Petitioner. 3. Counsel For Petitioner andSDetendant(s) wRi jointly ~ubaiil m the Court For signature a mutually approved form of Stipulated Final ludgment of this matter as soe~ as practical hereafter. 4. Petitioner will pay Defendant(s) the balance due of Sq'e~. ~ days oftl~ ~.y . .. ot t~ st¥,,__t~4_ .- vtmt J~_~ t~ court. Agenda Item No. 16K7 April 13th, 2004 Page 5 of 12 . This .,Agreem~ is subjea to appro~l W ~he Board of County Commissioners of 6. The Cou~t will retain ~n'isdicti°n herein as t° lhe maiter °f ~s sl~'°s~"}~ - ~/~ No agreenl~nts of tube l~jrties. ~tomey for Petitioner This Asreeme~ and the. attached addendum, if any, contain(s) all of the Defi:,ndam Attorney for Defendant(s) 2 Agenda Item No. 16K7 April 13th, 2004 Page 6 of 12 IN THE CIRCUIT COURT OF TIlE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No.: 02-5168-CA v. Parcel Nos.: 151,152 JOHN FRANK SUDAL, et al., Respondents. STIPULATED FINAL JUDGMI~NT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondent, MARILYN LEWIS, by and through her undersigned counsel, for entry of a Stipulated Final Judgment as to Parcels 151 and 152, and it appearing to thc Court that the parties are authorized to make such Motion, the Court finding that thc compensation to lac paid by Petitioner, COLLIER COUNTY, FLORIDA, is the full compensation due the Respondent, MARILYN LEWIS, and the Court being otherwise fully advised in thc premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent, MARILYN LEWIS, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of One Hundred Ninety Thousand and No/100 Dollars ($190,000.00) for Parce)s 151 and 152 as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, and for all other damages and claims in connection with said parcel; it is further Agenda Item No. 16K7 April 13th, 2004 Page 7 of 12 ORDERED that Respondent, MARILYN LEWIS, receive from Petitioner, COLLIER COUNTY, FLORIDA, as a reasonable attorney fee the sum of Thirteen Thousand Two Hundred and Notl00 Dollars ($13,200.00); it is further ORDERED that the Clerk of this Court shall disburse forthwith the amount of One Hundred Fifty-Nine Thousand Two Hundred and Noll00 Dollars ($159,200.00) to DOUGLAS L. RANKIN, ESQ. TRUST ACCOUNT, c/o Douglas L. Rankin, Esq., Moorings Professional Building, 2335 Tamiami Trail N., Ste. 308, Naples, FL 34103-4458; it is luther ORDERED that the Court reserves jurisdiction to consider additional costs for appraisal fees, upon proper motion by Respondent; it is further ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay the total amount of Forty-Four Thousand and No/100 Dollars ($44,000.00) to DOUGLAS L. RANKIN, ESQ. TRUST ACCOUNT, c/o Douglas L. Rankin, Esq., Moorings Professional Building, 2335 Tamiami Trail N., Ste. 308, Naples, FL 34103-4458, equaling the sum of $40,000 for the benefit of Respondent, MARILYN LEWIS; it is further ORDERED that this Stipulated Final Judgment resolves any and all claims and issues between Petitioner, COLLIER COUNTY, FLORIDA, and Respondent, MARILYN LEWIS, pertaining to the lmmokalee Road Project (Project No. 60018); and it is further ORDERED that title to Parcels 151 and 152, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner, COLLIER COUNTY, FLORIDA, pursuant to the Order of Taking dated May 13, 2003, and the deposit of money heretofore made, are approved, ratified, and confirmed; it is further ORDERED that the terms of the Mediated Settlement Agreement entered into by the parties on March 25, 2004, and having been approved by the Board of County Commissioners on April 13, 2004, are incorporated herein and made a part hereof; it is further Agenda Item No. 16K7 April 13th, 2004 Page 8 of 12 ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 3199, Page 1323 of the PubLic Records of Collier County, Florida be dismissed as to Parcels 151 and 152; and it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is further ORDERED that this Court reserves jurisdiction for enforcement of this Stipulated Final Judgment; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this ~ day of ,2004. Conformed copies to: Ellen T. Chadwell, Esq. Douglas L. Rankin, Esq. E. Glenn Tucker, Esquire Bookkeeping Lawrence D. Martin CIRCUIT COURT JUDGE JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter thc foregoing Stipulated Final Judgment as to Parcels I51 and 152. Dated: Dated: DOUGLAS L. RANKIN, ESQUIRE Florida Box No.: 0365068 Moorings Professional Building 2335 Tamiami Trail N., Stc. 308 Naples, Florida 34 i 03-4458 (239) 262-0061 - Telephone (239) 262-2092 - Facsimile ATTORNEY FOR RESPONDENT ELLEN T. CHADWELL, ESQUIRE Florida Bar No.: 0983860 OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile ATTORNEY FOR PETITIONER Agenda Item No. 16K7 April 13th, 2004 Page 9 of 12 CERTIFICATE OF SERVICE 1 hereby certify that a true and correct copy of the foregoing Joint Motion for Stipulated Final Judgment has been furnished via U.S. Mail to the parties listed below on this .__day of April, 20o4_ ELLEN T. CHADWELL, ESQ. Marilyn Lewis c/o Douglas L. Rankin, Esq. 2335 Tamiami Trail North Suite 308 Naples, FL 34103 Guy Carlton, Collier County Tax Collector c/o E. Glenn Tucker, Esq. RHODES & TUCKER P. O. Box 887 Marco Island, FL 34146 Agenda Item No. 16K7 April 13th, 2004 Page 10 of 12 De.crlptlom. The West 100 feet of tho East 460 feet of the North t/2 of the Northeast 1//4 of the Northeast 1/4. Sectloa' 29, Township 48 South. Range 27 East, Coil{tar County. Florida. Containing 1..326 e=~, mor~ FEE 81MPI. E 0 50 lOO · 15(3 Notam 1. 'Ibis I, nat a survey. 2. Baal= of E)eoHng Ia 3: Sub,at to easements. raearvatiana end reetHcUona of re,rd. ~.. ~ptiana pre,dad did not make note of Right-of-Way ixceptlon. Agenda Item No. 16K7 April 13th, 2004 Page 11 of 12 I I ! o 5o lOO ~50 1. Thre ts not a ~urv~y. 2~ Ba~la of boating '18 · 3. SubJec~ to'oa~emente, reeorv~tlona ~d reefi'lctlon8 of Description: Tn&..Wee~. 100 feet of the Ea=t-~0 feat-b/'the N~lh 1~2 of ~a No~eaat 1/4 of the N~east 1/4. Leae ~e Nodh l OOff ~f RI~[ of Way. ~ctlon ' 2g, To~ip 48 South, Range 27 Eos~ C~]~ ~ ~T C~nty, ~odda. ConJalnlng 1.327 acree, m~e or ~ le88, U~ ~A~O~JAT~ W W' '~INC. (941) ~ C"s~ i ~c~8 ~ ~.~ ' lAS ~0~0~g/~/271 0014.1 ~/o~ [ ~ 'o~ ~ ~ Agenda Item No. 16K7 April 13th, 2004 Page 12 of 12 EXECUTIVE SUMMARY Authorize the making of an Offer of Judgment to Respondent James S. Gran for the acquisition of Parcel No. 167 in the amount of $7,500.00 in the lawsuit styled Collier County v. Thomas F. Salzman, et al., Case No. 03-2550-CA (Golden Gate Parkway Project g60027). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to Respondent, James S. Gran ("Respondent"), in the amount of $7,500.00, as full compensation, excepting attorney's fees, costs, and interest, for the fee simple acquisition arising out of the condemnation of Parcel No. 167 in Collier County v. Thomas F. Salzman, et al., Case No. 03-2550-CA. CONSIDERATIONS: On September 19, 2003, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcel 167 for the Golden Gate Parkway Project (Project No. 60027). On September 30, 2003, Collier County deposited with the Registry of the Court the sum of $7,400.00 for Parcel 167 in accordance with the Order of Taking. The Offer of Judgment, a copy of which is attached, offers the property owner the sum of $7,500.00 as full compensation for the property taken, including any severance damages, business damages, damages to the remainder and costs to cure, but does not include attorney's fees or other such costs, and interest. This figure is based on the application of the highest comparable unit value to the subject parcel and takes into account the potential risks and costs in proceeding to trial. The making of the Offer of Judgment will require the Respondent to carefully assess her claims for compensation. Respondent will have thirty days from the date of mailing the offer to accept. If Respondent accepts, the County will be required to deposit $100.00 into the registry of the Court, which will be paid to Respondent by Stipulated Final Judgment of the court. If Respondent rejects the offer, and fails to recover more than $7,500.00 for Parcel 167, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondent after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. The County Attorney's Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for the property interests taken. This office considers the terms of the Offer of Judgment to be reasonable. FISCAL IMPACT: Funds in the amount of $100.00 are available in the FY 04 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT- None. RECOMMENDATION: That the Board of County Commissioners: Agenda Item No. 16K8 April 13th, 2004 Page I of 5 Approve the terms of the Offer of Judgment and authorize its service on Respondents, and Approve the expenditure of funds as stated; and Approve Stipulated Final Judgment based on an acceptance of the Offer of Judgment, and authorize payment accordingly. SUBMITTED BY: Ellen T. Chadwell Assistant County Attorney Date: REVIEWED BY: Kevin Hendricks, ROW Acquisition Manager Transportation/ROW Date: REVIEWED BY: Gregg Strakaluse, Director TransportatiordECM Date: REVIEWED BY: Norman Feder, Administrator Transportation Division Date: APPROVED BY: David C. Weigel, County Attorney Date: 2 Agenda Item No. 16K8 April 13th, 2004 Page 2 of 5 Item Number Item Title Item Summa~ Meeting Date COLLIER COUNTY BOARD OF COUNTY' COMMISSIONERS 16K8 Authorize the making of an Offer of Judgment to Respondent James S. Gran for the acquisition of Parcel No. 167 in the amount of $7,500.00 (Collier County v. Thomas F. Salzma~ et al., Case No. 03-2550-CA, Golden Gate Parkway Project #60027). Authorize the making of an Offer of Judgment to Respondent James S. Gran for the acquisition of Parcel No. 167 in the amount of $7,500.00 in the lawsuit styled collier county v. Thomas F. Salzman, et at., Case No. 03-2550-CA (Golden Gate Parkway Project #60027)~ 4/13/2004 9:00:00 AM Prepared By Jeffrey C. Clapper County Manager's Office Legal Assistant County Attorney Office Approved By Ellen T. Chadwell County Manager's Office Assistant County Attorney County Attorney Office Date 3/25/2004 9:22 AM Approved By Gregg R. Strakaluse Transportion Services Transportation Engineering/ Construction Mgmt Director Transportation Engineering and Construction Date 3/26/2004 4:48 PM Approved By David C. Weigel County Manager's Office County Attorney County Attorney Office Date 3/26/2004 4:31 PM Approved By Lisa Taylor TransportJon Services Management/Budget Analyst Transportation Administration Date 312612004 11:58 AM Approved By Kevin Hendricks Transportion Services Right Of Way Acquisition Manager Transportation Engineering and Construction Date 3/2912004 1:21 PM Approved By Norm E. Feder, AICP Transporfion Services Transportation Division Administrator Transportation Services Admin. Date 3/2912004 8:47 AM Approved By Sharon Newman Transportion Services Accounting Supervisor Transportation Administration Date 3/2912004 2:43 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/6/2004 11:18 AM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/6/2004 3:58 PM Agenda Item No. 16K8 April 13th, 2004 Page 3 of 5 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, a political subdivision of the State. of Florida, Petitioner, Case No. 03-2550-CA Parcel No.: 167 THOMAS F. SALZMANN, et al., Respondents. OFFER OF JUDGMENT TO: James S. Gran 8370 SW 149 Dr. Miami, FL 33158-1947 Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the Respondent, JAlVIES S. GRAN ("Respondent"), for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, and any other claims of Respondent arising out of the taking of Parcel 167, in the total amount of Seven Thousand Five Hundred and No/100 Dollars ($7,500.00), for Parcel 167, which includes the amount of $7,400.00 which was deposited pursuant to the Order of Taking dated September 19, 2003. There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include interest from the date of the Order of Taking or attorneys fees and costs. Agenda Item No. 16K8 April 13th, 2004 Page 4 of 5 The construction plans and specifications for the project on which the offer is based have been previously and continue to be available for the Respondent's review upon reasonable notice of such a request. Dated this day of April, 2004. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile BY: ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 ATTORNEY FOR PETITIONER CERTIFICATION OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Offer of Judgment has been furnished by Registered Mail and Regular U.S. Mail to James S, Gran, 8370 SW 149 Dr., Miami, FL 33158-1947 on this. day of April, 2004. ELLEN T. CHADWELL, ESQUIRE Agenda Item No. 16K8 April 13th, 2004 Page 5 of 5 EXECUTIVE SUMMARY Approve the Stipulated Final Judgment Relative to the Easement Acquisition of Parcel 326 in the Lawsuit styled Collier County v. Agnaldo DeLima, et al., (Golden Gate Boulevard Project (Project//63041). oB~IECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and f'mal compensation to be paid for the acquisition of the easement of Parcel 326 for the Golden Gate Boulevard project in the lawsuit styled Collier County v. Agnaldo DeLirna, et al., Case No. 00-1967-CA. CONSIDERATIONS: On September 12, 2000, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Golden Gate Boulevard project (Project No. 63041). On September 29, 2000, Collier County deposited with the Registry of the Court the sum of $900.00 for Parcel 326 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owner, Ruth Berelman, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 99-290). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1"). The Stipulated Final Judgment provides for $2000.00 to be paid to the Respondent as full compensation for the property rights taken as to Parcel 326. The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of $1100.00 with the Registry of the Court. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. FISCAL IMPACT: Funds in the amount of $1200.00 are available from the Transportation Road Supported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 2. 3. 4. approve the Stipulated Final Judgment; approve the expenditure of the funds as stated; direct staff to deposit the sum of $1100.00 into the Registry of the Court; and direct payment of $100 service fee to Clerk of Court. SUBMITFED BY: Heidi F. Ashton, Assistant County Attorney Date: Agenda Item No. 16K9 April 13th, 2004 Page 1 of 8 REVIEWED BY: Kevin Hendricks, ROW Acquisition Manager Tran sportation/ECM/ROW Date: REVIEWED BY: Gregg Strakaluse, P.E., Director Tmnsportation/ECM Date: REVIEWED BY: Norm Feder, Administrator Transportation Division Date: APPROVED BY: David C. Weigel, County Attorney Date: Agenda Item No. 16K9 April 13th, 2004 Page 2 of 8 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K9 Approve the Stipulated Final Judgment Relative to the Easement Acquisition of Parcel 326 in the Lawsuil styled Collier County v. Agnaldo DeLima, et al., (Golden Gate Boulevard Project (Project #63041 ). Approve the Stipulated Final Judgment Relative to the Easement Acquisition of Parcel 326 in the Lawsuit styled Collier County v. Agnaldo DeLima, et al., (Golden Gate Boulevard Project (Project #63041 ). 4/13/2004 9:00:00 AM Prepared By Heidi F. Ashton County Manager's Office Assistant County Attorney County Attorney Office Approved By Sharon Newman Transporflon Services Accounting Supervisor Transportation Administration Date 3/25/2004 2:23 PM Approved By Gregg R. Strakaluse Transport. ion Services Transportation Engineering/ Construction Mgmt Director Transportation Engineering and Construction Date 3/2612004 4:46 PM Approved By David C. Weigel County Manager's Office County Attorney County Attorney Office Date 3/26/2004 4:22 PM Approved By Kevin Hendricks Transportion Services Right Of Way Acquisition Manager Transportation Engineering and Construction Date 3~29~2004 11:59 AM Approved By Norm E. Feder, A1CP Transportion Services Transportation Division Administrator Transportation Services Admin. Date 3/29/2004 8:52 AM Approved By Susan Usher County Manager's Office Senior ManagemenUBudget Analyst Office of Management & Budget Date 4/1/2004 7:16 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/2/2004 4:35 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/5/2004 6:41 PM Agenda Item No. 16K9 Apdl 13th, 2004 Page 3 of 8 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, VS. Petitioner, AGNALDO DELIMA, et al., Respondents. Case No.: 00-1967-CA Parcel No.: 326 / STIPULATED FINAL JUDGMENT AS TO PARCEL 326 THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondent, RUTH BERELMAN, for entry of a Stipulated Final Judgment as to Parcel No. 326, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due Respondent, RUTH BERELMAN, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent, RUTH BERELMAN, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Two Thousand and No/100 Dollars ($2,000.00) for Parcel No. 326 as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcel; it is further Agenda Item No. 16K9 April 13th, 2004 Page 4 of 8 ORDERED that Petitioner shall deposit an additional One Thousand One Hundred and No/100 Dollars ($1,100.00) subject to approval of the Board of County Commissioners within thirty (30) days of the date of this Stipulated Final Judgment; it is further ORDERED that, except forguardian fees, no attorneys fees or other costs shall be awarded in connection with the above cause of action as it relates to Parcel No. 326; it is further ORDERED that the Clerk of this Court shall disburse the total amount due to satisfy completely the outstanding 2001 Tax Certificate #2630, which payoff for the month of March 2004 is $364.74, the outstanding 2002 Tax Certificate #2566, which payoff for the month of March 2004 is $380.31, and the butstanding 2003 Tax Certificate #2532, which payoff for the month of March 2004 is $420.92 and understanding that each month thereafter the total amount due will increase, to the Collier County Tax Collector, c/o Glenn E. Tucker Esq., Rhodes, Tucker & Garretson, P. O. Box 887, Marco Island, FL 34146; it is further ORDERED that the Clerk of this Court shall disburse the balance of Two Thousand and No/100 Dollars ($ 2,000.00), after satisfactiOn of 2001 Tax Certificate #2630, 2002 Tax Certificate #2566 and 2003 Tax Certificate #2532 to Respondent, RUTH BERELMAN, P.O. Box 220552, West Palm Beach, Florida 33422, less any amounts previously paid for the benefit of Respondent, RUTH BERELMAN; it is further ORDERED that title to Parcel No. 326 sidewalk, drainage utility and maintenance easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated September 12, 2000, and the deposit of money heretofore made, are approved, ratified, and confu'med; it is further 2 Agenda Item No. 16K9 April 13th, 2004 Page 5 of 8 ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 2684, Page 954 of the Public Records of Collier County, Florida be dismissed as to Parcel No. 326; and it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this~ day of ,2004. Conformed copies to: Heidi F. Ashton, Esq. Ruth Berelman Tamara L. Nicola, Esq. Avatar Properties, Inc. E. Glenn Tucker, ESq. Ted Brousseau Circuit Court Judge JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment. Dated: Dated: RUTH BERELMAN P.O. Box 220552 West Palm Beach, Florida 33422 (561) 6894782 - Phone RESPONDENT HEIDI F. ASHTON, ESQUIRE Florida Bar No. 0966770 COUNTY ATTORNEY'S OFFICE 'Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Phone (239) 774-0225 - Facsimile ATI'ORNEY FOR PETITIONER Agenda Item No. 16K9 April 13th, 2004 Page 6 of 8 ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 2684, Page 954 of the Public Records of Collier County, Florida be disrn/ssed as to Parcel No. 326; and it is further ORDERED that this Stipulated Final Judgment is to be reoord~ in the Official Records of Collier County, Florida; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this. day of ,2004. Heidi F. Ashton, Esq. Ruth Bemlman Tamara L. Nicola, Esq. Avatar Properties, Inc. E. Glenn Tucker, Esq. Ted Brousseau Circuit Court Judge JOINT MOTION FOR STIPULATED FINAL ~ODGMENT The Parties hereby stipulate and respectfully request th/s Court to enter the foregoing Stipulated Final Judgment. Dated: Dated: RUTH BERELMAN P.O. Box 220552 West Palm Beach, Florida 33422 (561) 689-4782 - Phone HEIDI F. ASHTON, ESQU/RE Florida Bar No. 0966770 COUNTY ATTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Phone (239) 774-0225 - Facsimile A'F/'ORNEY FOR PE/T/~ONER Agenda Item No. 16K9 April 13th, 2004 Page 7 of 8 OFFICE OF CAPITAL PROJECTS 3301 -EAST T/s, MIAMI TRJ~IL ",IAPLE$. FLORIDA 3z~'Jl~_ . ~941) 774~192 SKETCH OF DESCRIPTION I~CT NO. (NOT A SURVEY) ~,~OJ~CT P~C~L NO. 63041 , EXHIBri "A" I 10o' GOt. DEN C~ATE BOULEVARD -'~t~l~l~'~'~nu~ 25 FO~T DRNNAGE. ~N,.K. UTIIJP¢, MAINTENANCE EASEMC-NT WEST $50 FEET 'I'TU~CT ~ TRACT 53 ~ _~- EXlS31HG R~GHT (~ WAY UNE DESCRIPTION:. TIlE ~OUTH 25 FEET OF T~ NORI'H FEET OF 'IT~CT ~. GOLDEH ~,TE RECORDED IH Pt. AT BOOK 4, pAGE S0~. OF THE pUBLIC RECORO~ OF COLUER COUNTY, Public V/o~s ~Si,K, rri~ Dcpt 3301 Tam'maG Ttuil ~a.~ Haplc~ Fl., 34112 SHEET 1 OF I Agenda Item No. 16K9 April 13th, 2004 Page 8 of 8 EXECUTIVE SUMMARY PUDZ-2003-AR-3584, Robert Duane of Hole Montes Inc., of Naples, representing Collier County Public Schools, requesting a rezone from PUD to PUD for the purpose of amending the Orangetree PUD text, (Ordinance number 91-43) to include "Public Educational Plants and Ancillary Plants" as a permitted use to the "Agriculture" (AG) district of the PUD. OBJECTIVE: The petitioner is requesting a rezone from PUD to PUD for thc purposes o£ amending thc Orangctrec PUD text, (Ordinance Number 91-43), to include "Public Educational Plants and Ancillary Plants" as a permitted usc to thc "Agriculture" (AG) District of thc PUD. CONSIDERATIONS: Thc subject PUD property contains approximately 2,752.8 acres and is bounded on the west by Immokalee Road (CR-856), on thc south by Randall Boulevard and on thc north and east by drainage way easements then E (Estates) zoning. Oil Well Road (CR-858) bisects the middle of the site in east-west directions. The subject property is located in Sections 13, 14, 23, and 24, Township 48 South, and Range 27 East. The petitioner's proposed revision adds "Public Educational Plants" as a permitted use to the "Agriculture" (AG) District of the Orangetree PUD. Public Educational Plants include the educational facility (school) as well as auxiliary facilities (recreational areas) and ancillary plants (administrative buildings and transportation facilities). The proposed amendment is necessary to bring into conformance with Section 2 of the Land Development Code (LDC) the Palmetto Ridge High School (also originally known as Lewis and Clark High School) which is currently being constructed on 120+/- acres within the AG District of the Orangetree PUD. The high school is needed for an expanding student population in the surrounding area and is expected to be open for the 2004 fall school year. In addition, an existing school, Corkscrew Middle School, is a nonconforming use located within the AG District. This change will correct this inconsistency. Corkscrew Middle School's location was originally sited under the June 25, 1996, School Planning Interlocal Agreement which stated in (§3): "The County and the School Board hereby agree that an Educational Plant, including Educational Facilities and any Auxiliary Facility, and an Ancillary Plant are permitted and consistent uses in all land use categories of the County's Growth Management Plan, as well as permitted and consistent uses in all land use categories in the County's implementing land development regulations". On January 9, 2003, Collier County Public Schools submitted an application for a public hearing for a PUD-to-PUD rezone to the Community Development and Environmental Services Division (CDES). The application (PUDZ-2003-AR-3584) submittal was in direct response to the conditions set forth in the 2003 Interlocal Agreement Between the Board of County Commissioners Of Collier County And The Collier County School Board To Establish Educational Plant And Ancillary Criteria Including the Consideration of Future Amendments to the County's Growth Management Plan and Implementing Land Development Regulations. Agenda Item No. 17A April 13th, 2004 Page I of 96 Page 1 of 3 Section 3(B) of the 2003 Inteflocal Agreement states: The parties recognize that Planned Unit Development (PUD) zoning is prevalent in Collier County, and as such, Educational Plants' and Ancillary Plants' as defined in Section 2 of this Agreement, are permitted uses in PUD designations if specifically set forth in the PUD Document and approved by the BCC as a permitted principal use. The 2003 Interlocal Agreement defines the following: 1. "Educational Plant" comprises the educational facilities, site and site improvements necessary to accommodate students, facility, administrators, staff, and the activities of the educational program of each plant. 2. "Auxiliary Facility" means the spaces located at educational plants, which are not designed for student occupant stations. 3. "Ancillary Plant" is' comprised of the building, site and site improvements necessary to provide such facilities as vehicle maintenance, warehouse& maintenance, or administrative buildings necessary to provide support sen, ices to an educational program. Therefore, this after the fact PUD-to-PUD rezone is necessary to correct the inconsistency of both schools being sited in the "Agriculture" (AG) District of the Orangetree PUD. The Collier County Planning Commission reviewed this petition on March 4, 2004 and unanimously recommended approval. FISCAL IMPACT: This rezoning will have no fiscal impact on Collier County. Additionally, schools are exempt from impact fees. GROWTH MANAGEMENT IMPACT: The subject petition has been found consistent with the goals, objectives and policies of the GMP. The proposed amendments have been found to be consistent with the Growth Management plan. ENVIRONMENTAL ISSUES: The subject petition is for a rezone, from PUD to PUD, for the purposes of amending the Orangetree PUD text and will therefore have no environmental issues associated. HISTORIC/ARCHAEOLOGICAL IMPACT- The subject petition is for a rezone, from PUD to PUD, for the purposes of amending the Orangetree PUD text and will therefore have no historical/archaeological issues associated. EAC RECOMMENDATION: The Environmental Advisory Council did not review this petition. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard the petition on March 4, 2004 and by a vote of 8 to 0 unanimously recommended approval with the following minor clarifications added to the PUD document: Section 3.03(C) 2, retain the term "Public" and add item (3) Agenda Item No. 17A April 13th, 2004 Page 2 of 96 Page 2 of 3 "Educational plants and ancillary plants". Include maximum allowable heights of structures. There was one public speaker present for this petition. ZONING & LAND DEVELOPMENT REVIEW STAFF RECOMMENDATION: Staff recommends approval. PREPARED BY: DONALD A. SCHNEIDER II, PRINCIPAL PLANNER COMPREHENSIVE PLANNING DEPARTMENT DATE REVIEWED BY: RAY BELLOWS, CHIEF PLANNER DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW DATE SUSAN MURRAY, AICP, DIRECTOR DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW DATE APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE 03/15/04 VERSION 3 Agenda Item No. 17A April 13th, 2004 Page 3 of 96 Page 3 of 3 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17A PUD to PUD Rezone This item requires that all participants be sworn in and ex parle disclosure be provided by Commission members. PUDZ-2003oARo3584, Robert Duane of Hole Montes Inc., of Naples, representing Collier County Public Schools, requesting a rezone from PUD to PUD for the purpose of amending the Orangetree PUD text, (Ordinance number 91-43)to include "Public Educational Plants and Ancillary Plants" as a permitted use to the "Agriculture" (AG) district of the PUD. 4/13/2004 9:00:00 AM Prepared By Donald A. Schneider, II Community Development & Environmental Services Pdncipat Planner Comprehensive Planning Approved By Ray Bellows Community Development & Environmental Services Chief Planner Zoning & Land Development Review Date 3/25/2004 3:35 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development Environmental Services Adminstrator Community Development Environmental Services Admin. Date 3125/2004 12:50 PM Approved By Susan Murray, AICP Community Development & Environmental Services Zoning & Land Development Director Zoning & Land Development Review Date 312fi/2004 11:06 AM Approved By Mark Isackson · County Manager's Office Budget Analyst Office of Management & Budget Date 411/2004 9:52 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/1/2004 1:21 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/2/2004 3:44 PM Agenda Item No. 17A April 13th, 2004 Page 4 of 96 FROM: HEARING DATE: SUBJECT: STAFF REPORT COLLIER COUNTY PLANNING COMMISSION DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION MARCH 4, 2004 PETITION NO: PUDZ-03-AR-3584, ORANGETREE OWNER/AGENT: Agent: Robert Duane Hole Montes Inc. 950 Encore Way Naples, Florida 3411 Owner: Collier County Public Schools 5775 Osceola Trail Naples, Florida 34109 REQUESTED ACTION: The petitioner is requesting a rezone from PUD to PUD for the purposes of amending the Orangetree PUD text, (Ordinance Number 91-43), to include "Public Educational Plants and Ancillary Plants" as a permitted use to the "Agriculture" (AG) District of the PUD. GEOGRAPHIC LOCATION: The subject PUD property contains approximately 2,752.8 acres and is bounded on the west by Immokalee Road (CR-856), on the south by Randall Boulevard and on the north and east by drainage way easements then E (Estates) zoning. Oil Well Road (CR-858) bisects the middle of the site in east-west directions. The subject property is located in Sections 13, 14, 23, and 24, Township 48 South, Range 27 East. (See illustration on following page). PURPOSE/DESCRIPTION OF PROJECT: Agenda Item No. 17A April 13th, 2004 Page 5 of 96 The petitioner's proposed revision adds "Public Educational Plants" as a permitted use to the "Agriculture" (AG) District of the PUD. The proposed amendment is necessary so that the Palmetto Ridge High School may be constructed on 120+/- acres within the AG District of the Orangetree PUD. The high school is needed for an expanding student population in the surrounding area. In addition, an existing school, Corkscrew Middle School, is located within the AG District. This change will correct this inconsistency. Corkscrew Middle School's location was originally sited under the June 25, 1996, School Planning Interlocal Agreement which stated in (§3): "The County and the School Board hereby agree that an Educational Plant, including Educational Facilities and any Auxiliary Facility, and an Ancillary Plant are permitted and consistent uses in all land use categories of the County's Growth Management Plan, as well as permitted and consistent uses in all land use categories in the County's implementing land development regulations." SURROUNDING LAND USE AND ZONING: (See Exhibits "CI~ C2") Subject Parcel: The subject site is currently being utilized as the Orangetree PUD, designed as a mixture of agriculture, residential uses, commercial and community oriented facilities, and recreational elements. Surrounding: North: Drain way easement and land zoned E (Estates). East: North Golden Gate Canal and land zoned E (Estates). South: Randall Boulevard and land zoned E (Estates). West: Immokalee Road (CR 846) and land zoned E (Estates). Agenda Item No. 17A April 13th, 2004 Page 6 of 96 GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated Agricultural/Rural - Settlement Area District, as identified on the Future Land Use Map in the Golden Gate Area Master Plan of the Growth Management Plan. Relevant to this petition, the Settlement Area District allows land uses "vested" in 1986; these include elementary and middle schools presently allowed on certain lands in the Orangetree PUD. Also, the Settlement Area District identifies the types of uses allowed in the Orangetree PUD, which include: "community facility, community uses, educational facilities ... open space and recreational uses, and essential services uses." In staff's opinion, "educational facilities" as provided for in the Settlement Area District contemplates schools and associated recreation areas only. However, "essential services" listed in the Settlement Area District would allow those uses provided for in Sec. 2.6.9, essential services, of the Land Development Code (LDC). Sec. 2.6.9 allows, by conditional use, "government facilities" which is a broadly defined term interpreted by staff to include non-school facilities, e.g. transportation facilities (and bus barn, maintenance yard, and administrative offices). Agenda Item No. 17A April 13th, 2004 Page 7 of 96 PUD Document and Master Plan Section III: It is suggested that a definition of "Public Educational Plants" be added to the PUD and that it match that in the proposed Interlocal Agreement between the Collier County School Board and BCC. Similarly, it may be necessary to add a definition of "Ancillary Plants." Adding these definitions Should ease implementation and help avoid future issues as to allowed uses. Sec. 3.02, first sentence: Staff suggest adding the word "primarily" so as to read: "... which is primarily agricultural, pastoral or rural in nature"; otherwise, a Public Educational Plant use would seem to conflict with the intent of this PUD designation. Based upon the above analysis, staff is of the opinion that the proposed amendment may be deemed consistent with the Rural Settlement Area District in the GGAMP, but recommends minor PUD document revisions, as noted above. Transportation Element: The petitioner's proposed text amendment to the PUD document, which originally permitted public schools, will not create any change to the previously approved Transportation Element by allowing schools in the Agriculture District. Open Space/Conservation: The proposed amendment request will have no affect upon the open space requirements of the Orangetree PUD. ANALYSIS: HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located generally outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION & INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This includes a review by the Community Development Environmental and Engineering staff, and the Transportation Department. These reviews help shape the content of the PUD document and cause development commitments to be formulated to achieve GMP and LDC requirements. The proposed PUD amendment would not change or affect the original approval of the Orangetree PUD. EVALUATION: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impact of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that overview. The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus Agenda Item No. 17A April 13th, 2004 Page 8 of 96 4 requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the BCC. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or con, whichever the case may be, in the opinion of staff. The review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report as Exhibits "A" and "B". Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision-makers. The evaluation by' professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County GMP in all of its related elements. These criteria were reviewed in the rezone petition and approved May 28, 1991, with the amended ordinance 91-43. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration u~ually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. This evaluation includes an analysis of past zoning actions in the project area. In addition, the Board of County Commissioners has reviewed similar rezone requests. Notwithstanding the above, staff, in reviewing the determinants for adequate findings to support a rezoning action, advises the following: Relationship to Future Land Uses: A discussion of this relationship refers to the relationship of the proposed zoning action to the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The proposed amendment only reflects a text change to the permitted uses in the Agriculture "AG" District to include "Public Educational Plants & Ancillary Plants". Therefore, staff is of the opinion that the subject petition is consistent with the Collier County GMP and is therefore compatible with other approved land uses in the area. Relationship to Existing Land Uses: The surrounding land uses of the adjacent properties are as follows: To the north is a drain way easement and land zoned E (Estates). To the east is North Golden Gate Canal and land zoned E (Estates). To the south is Randall Boulevard and land zoned E (Estates). To the west is Immokalee R-846) and land zoned E (Estates). The proposed text change to the PUD document, permitting "Public Educational Plants" in the Agriculture "AG" District will have no affect on the existing land uses. Therefore, staff is of the opinion that the proposed amendment is compatible with the adjacent properties. Utility Infrastructure - The site is accessible to a private sanitary sewer and potable water supply within the Orangetree utility compound, which lies directly to the west of the proposed school location. NEIGHBORHOOD INFORMATION MEETING: Agenda Item No. 17A April 13th, 2004 Page 9 of 96 The petitioner held a Neighborhood Information Meeting on November 18, 2002, which was attended by approximately six individuals. Of those persons that spoke, most expressed concerns about increased traffic problems. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward to the Board of County Commissioners (BCC) a recommendation of approval of Petition PUDZ-2002-AR-3584. G:PUDZ-2003-AR-3584 PREPARED BY: Agenda Item No. 17A April 13th, 2004 Page 10 of 96 DONALD A. SCHNEIDER II, PRINCIPAL PLANNER COMPREHENSIVE PLANNING DEPARTMENT DATE REVIE~rED BY: RAY BELLOWS, CHIEF PLANNER ZONING & LAND DEVELOPMENT REVIEW DEPARTMENT DATE SUSAN MURRAY, AICP, DIRECTOR ZONING & LAND DEVELOPMENT REVIEW DEPARTMENT DATE APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Petition PUDZ-2003-AR-3495 Tentatively scheduled for the April 13, 2004 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: RUSSEL A. BUDD, CHAIRMAN Exhibits: "A" - Rezone Findings "B"- PUD Findings "C-I" & "C-2" - Zoning Maps "D" - Aerial Photo "E" - Master Plan Agenda Item No. 17A April 13th, 2004 Page 11 of 96 FINDINGS FOR PUD PETITION PUDZ-2003-AR-3584 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the PUD document give assurance that all infrastructures will be developed and will be consistent with County regulations. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the Growth Management Plan. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GMP). The subject petition has been found consistent with the goals, objectives and policies of the GMP. The proposed amendments have been found to be consistent with the Growth Management plan (see Staff report). The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The PUD Master Plan has been designed to optimize internal land use relationships through the use of various forms of open space separation (i.e. preserves, lakes golf course, etc.): External relationships are automatically regulated by the Land Development Code to assure harmonious relationships between projects. Exhibit "B" Agenda Item No. 17A April 13th, 2004 Page 12 of 96 Se 6e Se The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The proposed PUD amendment will not adversely impact the timing or sequence of development that is currently allowed under the existing PUD zoning. The ability of the subject property and of surrounding areas to accommodate expansion. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This amendment will not adversely impact any previous determination of consistency with the Growth Management Plan. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This criteria essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The change provided by this amendment will not affect the development standards in this PUD. Agenda Item No. 17A April 13th, 2004 Page 13 of 96 2 REZONE FINDINGS PETITION PUDZ-2003-AR-3584 Section 2.7.2.5 of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use map and the elements of the Growth Management Plan (GMP). Development Orders deemed consistent with all applicable elements of the Future Land Use Element (FLUE) of the GMP should be considered a positive relationship. The existing development and proposed amendment may be deemed consistent with the Rural Settlement Area District in the Golden Gate Area Master Plan (GGAMP). 2. The existing land use pattern; The surrounding land uses of the adjacent properties are as follows: To the north is a drain way and land zoned Golden Gate Estates. To the east is North Golden Gate Canal and land zoned Golden Gate Estates. To the south is Randall Boulevard and land zoned Golden Gate Estates. To the west is Immokalee Road (CR 846) and land zoned Golden Gate Estates. The proposed text change to the PUD document, permitting "public educational plants" in the Agriculture "AG" District will have no affect on the existing land uses. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The amendment to the PUD will not result in an isolated district unrelated to adjacent and nearby districts because it is consistent with expected land uses by virtue of its consistency with the Rural Settlement Area District in the GGAMP. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The existing PUD district boundaries are logically drawn and they are consistent with the FLUE of the GMP. The proposed amendment will not change these boundaries. Exhibit "A" Agenda Item No. 17A April 13th, 2004 Page 14 of 96 J Whether changed or changing conditions make the passage of the proposed amendment necessary. The subject petition is initiated by the applicant to amend Ordinance 91-43 in order to permit the Palmetto Ridge High School and ancillary plant constructed on 120+/- acres within the AG District of the Orangetree PUD. The High School and ancillary plant are needed for an expanding student population in the surrounding area. In addition, an existing school, Corkscrew Middle School, is located within the AG District. This change will correct this inconsistency. Whether the proposed change will adversely influence living conditions in the neighborhood. The re-adoption of the PUD will not adversely influence living conditions in the neighborhood because the development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developmen, ts. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Transportation Element of the GMP and was found consistent. 8. Whether the proposed change will create a drainage problem. The Land Development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. However, as urban intensification in the absence of commensurate improvement to inter-county drainage appurtenances may increase the risk of flooding in areas when the drainage outfall condition is inadequate. In summary, every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub- surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. Whether the proposed change will seriously reduce light and air to adjacent areas; Agenda Item No. 17A April 13th, 2004 Page 15 of 96 2 All projects in Collier County are subject to the development standards that apply generally and equally to all zoning districts conceming the need to provide the required open space. The subject development standards are designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area: Typically urban intensification increases the value of contiguous underutilized land. However, this is a subjective determination based upon anticipated results, which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself~may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations: The basic premise underlying all of the development standards in the zoning division of the LDC is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The subject property and proposed amendment to the Orangetree PUD is located within the PUD on land designated Agricultural/Rural - Settlement Area District, as identified on the Future Land Use Map in the GGAMP of the Growth Management Plan. Relevant to this petition, the Settlement Area District allows land uses "vested" in 1986; these include elementary and middle schools presently allowed on certain lands in the Orangetree PUD. The proposed amendment is necessary so that the Palmetto Ridge High School and ancillary plant may be constructed on 120+/- acres within the AG District of the Orangetree PUD. The High School and ancillary plant are needed for an expanding student population in the surrounding area. In addition, an existing school, Corkscrew Middle School, is located within the AG District. This change will correct this inconsistency. In light of this fact the proposed re-adoption does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. Agenda Item No. 17A April 13th, 2004 Page 16 of 96 3 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The subject property has been developed in accordance with the existing zoning. The proposed amendment is only to correct an inconsistency. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed change will be compatible with surrounding and approved PUD property in size and scale. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There are many sites, which are zoned to accommodate the proposed devel.opment. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed, zoning classification. The extent of site alteration will be determined as a function of obtaining a Site Development Plan approved to execute the PUD's development strategy. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as deemed and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and they have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. Agenda Item No. 17A Apd113th, 2004 Page 17 of 96 4 I i 1! Revised Plan PDA89-16 ! ! I ORDINANCE NO. 04- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 AS AMENDED THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 8714N, 8714S, 8723N, 8723S, 8724S, 482728 AND GGE04A BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A "PUD" ZONING DISTRICT TO A "PUD" PLANNED UNIT DEVELOPMENT ZONING DISTRICT TO BE KNOWN AS THE ORANGETREE PUD TO ALLOW CONSTRUCTION OF AN EDUCATIONAL PLANT AND AN ANCILLARY PLANT WITHIN THE AGRICULTURE SUB DISTRICT OF THE PUD LOCATED ON COUNTY ROAD 858 (OIL WELL ROAD), IN SECTIONS 13 AND 14, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 120-~-_ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 87-13, AS AMMENDED, AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Amy Taylor, of the Collier County School District, representing Orangetree Associates, petitioned the Bo',u'd of County Commissioners to change the zoning classification of the herein dcscribed real property. NOW. THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Sections 13 and 14, Township 48 South, Range 27 East, Collier County, Florida, is changed from a "PUD" Zoning District to "PUD" Planned Unit Development District in accordance with the "Orangetree" PUD Document. attached hereto as Exhibit "A" and incorporated by rcfcrcncc herein. Thc Official Zoning Atlas Maps numbered 8714N, 8714S, 8723N, 8723S, 8724S, 482728 and GGE04A, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 87-13, as amended, known as the Orangetree Planned Unit Development adopted on March 3 !, 1987 by the Board of County Commissionem of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2004. Agenda Item No. 17A April 13th, 2004 Page 19 of 96 -1- ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, CHAIRMAN Approved as to Form and Legal Sufficiency Marjoric M. Student Assistant County Attorney CDPlu s/PL,~Z-21]03 - AR - 3584/DS/sp Agenda Item No. 17A Apd113th, 2004 Page 20 of 96 -2- ZONING AND DEVELOPMENT DOCUMENT for AMNON GOLAN, TRUSTEE ORANGETREE ASSOCIATES ORANGETREE First Amendment Prepared by: WILSON, MILLER, EARTON & PEEK, INC. Engineers, Planners and Land Surveyors 3200 Bailey Lane at Airport Road Naples, Florida 33942 PUD Amendment Application November 22, 1989 Revised February 27, 1991 Revised May 13, 1991 Revised ,2003 Original Z & DD Approval: December 10, 1985 Ordinance Number: 87-13 Approved by CCPC: December 20, 1990 Approvedby BCC: June, 1991 Ordinance Number: 91-43 Exhibit "A" Agenda Item No. 17A April 13th, 2004 Page 21 of 96 SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI SECTION VII SECTION VIII SECTION IX INDEX Index List of Exhibits and Tables Property Description Project Development Agricultural Development Residential Development Commercial/Neighborhood Golf Course Community Use School/Park General Development Commitments i- ii 11 2-1 31 44 51 61 71 8! 9-4 PAGE Agenda Item No. 17A April 13th, 2004 Page 22 of 96 2 LIST OF EXHIBITS AND TABLES EXHIBIT A TABLE I TABLE II TABLE III Master Plan (Prepared by Thomas Lucido & Associates Ref. No. 9020) Land Use Summary Estimated Market Absorption Schedule Development Standards Agenda Item No. 17A Apdl 13th, 2004 Page 23 of 96 SECTION I PROPERTY DESCRIPTION AND OWNERSHIP 1.01 INTRODUCTION, LOCATION, AND PURPOSE 1.02 It is the intent of Amnon Golan, Trustee, Orangetree Associates, (hereinafter called "applicant or developer") to establish a Development on approximately 2,752.8 acres of property located in Collier County, Florida. The subject property is described as "North Golden Gate" on Collier County maps and is bounded on the west by Immokalee Road (CR 856 846), on the south by Randall Boulevard and is bounded on the north and east by drainage ways. Oil Well Road (CR 858) runs through the site in an east-west direction. LEGAL DESCRllWION Legal Description: This parcel contains approximately 2,752.8 acres and is platted as North Golden Gate and recorded in the Public Records of Collier County, Florida as follows: Unit 1 Plat Book 9 Pages 12-28 Unit 2 Plat Book 9 Pages 39-43 Unit 3 Plat Book 9 Pages 125-142 Unit 4 Plat Book 9 Pages 53-64 Unit 5 Plat Book 9 Pages 65-72 Unit 6 Plat Book 9 Pages 74-78 Unit 7 Plat Book 9 Pages 85-97 Agenda Item No. 17A April 13th, 2004 Page 24 of 96 4 SECTION Il PROJECT DEVELOPMENT 2.01 2.02 2.03 PURPOSE The purpose of this Section is to generally describe the plan of the development and delineate the general conditions that will apply to the project. GENERAL PLAN OF DEVELOPMENT The subject parcel is designed as a mixture of agriculture, residential uses, commercial and community oriented facilities, and recreational elements. COMPLIANCE WITH APPLICABLE ORDINANCES The project is intended to be in substantial compliance with the applicable Collier County Zoning and Subdivision regulations as well as other Collier County development codes in effect at the time permits and/or plats are requested. SUBDIVISION MASTER PLAN AND SITE DEVELOPMENT PLAN APPROVAL 2.05 The review and approval of subdivision master plans and construction plans shall follow the design and development standards and review procedures regulating subdivisions of the Collier County Ordinances in effect at the time of development. The developer reserves the right to request exceptions and modifications to the standards set forth in applicable regulations. For site development plan approval, the provisions of Section 10.5 of the Zoning Ordinance shall apply to the development of platted tracts or parcels of land as provided in Section 10.5 prior to the issuance of a building permit or other development order. LAND USES Table I is a schedule of the intended land use types, with approximate acreages and total dwelling units indicated. The arrangement of these land use types is shown on the Master Plan, Thomas Lucido & Associates Reft No. 9020. Changes and variations in design and acreages shall be permitted at final design to accommodate topography, vegetation, and other site conditions. The specific location and size of individual tracts and the assignment of dwelling units thereto shall be submitted to the Administrator for approval or denial, as described in Section 2.04 of this document. Agenda Item No. 17A April 13th, 2004 Page 25 of 96 5 2.06 2.07 2.08 2.09 2.10 PROJECT DENSITY The total acreage of the subject property is approximately 2,752.8 acres. The maximum number of dwelling units to be built on the total acreage is 2,100. The number of dwelling units per gross acre is approximately 0.76. The density on individual parcels of land throughout the project may vary according to the type of housing placed on each parcel of land but shall comply with guidelines established in this document. PERMITFED VARIATIONS OF DWELLING UNITS All properties designated for residential uses may be developed at the maximum number of dwelling units as assigned under Section 2.04, provided that the total number of dwelling units shall not exceed 2.100. The Administrator shall 'be notified in accordance with Section 2.04 of such an increase and the resulting reduction in the corresponding residential land use types or other categories so that the total number of dwelling units shall not exceed 2,100. The maximum number of dwelling units by type as shown in Table I shall not vary by more than twenty (20) percent in each category. The maximum number of dwelling units shall include all caretaker's units but does not include the designated hotel rooms. DEVELOPMENT SEQUENCE AND SCHEDULE The applicant has not set "stages" for the development of the property but the property is to be developed over an estimated 15 year-time period. Any projection of project development can be no more than an estimate based on current marketing knowledge. The estimate may, of course, change depending upon future economic factors. Table II indicates, by phase, the estimated absorption of units for the estimated 15 year development period. RESERVATION OF NATURAL VEGETATION AND TREE REMOVAL Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Development Standards outlined in this documents. EASEMENTS FOR UTILITIES Easements shall be provided for water management areas, utilities and other purposes as may be needed. Said easements and improvements shall be in substantial compliance with the Collier County Subdivision Regulations in effect at the time a permit is requested or required. Agenda Item No. 17A April 13th, 2004 Page 26 of 96 2.11 All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in substantial compliance with applicable regulations in effect at the time approvals are requL'~ed requested. EXCEPTIONS TO THE COLLIER COUNTY SUBDIVISION REGULATIONS 2.12 Exceptions to the Subdivision Regulations shall be requested at the time of Subdivision Master Plan review and approval. LAKE S1TING As depicted on the Master Plan, Thomas Lucido & Associates Ref. No. 9020, lakes and natural retention areas have been sited adjacent to existing and planned roadways. The goals of this are to achieve an overall aesthetic character for the project, to permit optimum use of the land, and to increase the efficiency of the water management network. Accordingly, the setback requirements described in Ordinance 80-26, Section 8A, may be reduced with the approval of the County Engineer. Fill material from lakes is planned to be utilized within the project, however excess fill material may be utilized off- site, subject to the provisions of the excavation ordinance in effect at the time permits are sought. 2.13 ROADS Collector roads will be public roads. Local roads within the development may be either public or private roads, depending on location, capacity, and design. Agenda Item No. 17A April 13th, 2004 Page 27 of 96 LAND USE SUMMARY TABLE I SYMBOL DESCRIPTION UNITS APPROXIMATE ACREAGE AG Agriculture *2 1098'1 GC Golf Course *2 200*3 R-1 Residential 143 110 R-2 Residential 1797 586 R-3 Residential 160 30 CU Community Use · 86 U Utility 15 SP School/Park 36 CN Neighborhood (Max. 60,000 22 Commercial S.F. plus motel units) RW Right-of-Way 149.8 LAKE 420 Total 2,100 2,752.8*4 NOTE:The projected total unit summary represents one possible residential mix to yield 2,100 units. Should there be an increase of units in any residential category, there would be a corresponding decrease in other categories to maintain a maximum total of 2,100 units. R-1 R-2 R-3 *1 *2 *3 *4 One-half acre lots - single family. Detached and attached single family, duplex and triplex, cluster homes, zero lot line, villas, patio homes, townhouses. Cluster homes, zero lot line villas, patio homes, townhouses, garden apartments (2-story Includes agricultural reservoirs. Approved breakdown of agriculture and gold golf course lands. Includes gold golf course related lakes. Based on actual survey of acreage. Agenda Item No. 17A April 13th, 2004 Page 28 of 96 ESTIMATED MARKET ABSORPTION SCHEDULE TABLE II DWELLING UNIT PRODUCTION CUMULATIVE TOTAL 1 0 0 2 70 70 3 100 170 4 140 310 5 160 470 6 160 630 7 160 790 8 165 955 9 165 1,120 10 165 1,285 11 165 1,450 12 165 1,615 13 165 1,780 14 160 1,940 15 160 2,100 Agenda Item No. 17A April 13th, 2004 Page 29 of 96 3.01 3.02 3.03 SECTION III AGRICULTURAL DEVELOPMENT PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on the PUD Master Plan, Thomas Lucido & Associates Ref. No. 9020 as AG. GENERAL DESCRIPTION The AG District is intended to apply to those areas, the present or prospective use of which is agricultural, pastoral or rural in nature. This district is designed to accommodate both traditional agricultural uses and techniques, and conservation measures where appropriate, and public educational plants and ancillary plants, while protecting the rural areas of the County. The regulations in this district are intended to permit a reasonable use of the property, while at the same time prevent the creation of conditions which would seriously endanger, damage, or destroy the agricultural base of the County, or environmental resources, potable water supply, or the wildlife resources of the County. To this end, the use of drip-irrigation techniques or any other low volume irrigation, like microjet, shall be implemented for agricultural uses (golf course excepted) in this district. PERMITTED USES AND STRUCTURE A. Permitted Principal Uses and Structures: 1) Agricuhural activities, such as field crops, reservoirs/lakes, orchards, horticulture, fruit and nut production. 2) Educational plants and ancillary_ plants. a. "Educational Plant" comprises the educational facilities, site and site improvements necessazy to accommodate students, facility, administrators, staff, and the activities of the educational program of each Plant that is operated by the Collier County School Board. b. "Ancillary Plant" is comprised of the building, site and site improvements necessary to provide such facilities as vehicle maintenance, warehouses, maintenance, or administrative buildings necessary to provide support services to an educational program operated by the Collier Coun _ty School Board. B. Permitted Accessory Uses and Structures: 1) Accessory uses and structures which are incidental to and customarily associated with uses permitted in the district. Agenda Item No. 17A April 13th, 2004 Page 30 of 96 10 2) On-site retail sales of farm products primarily grown on the farm. 3) Caretakers residences. Permitted Uses Requiring Site Development Plan Approval: 1. Packing Houses 2. Public Educational plants and ancillary plants Development Standards for Educational Plants and Ancillary Plants: 1. In accordance with the Interlocal Agreement between the Board of County Commissioners and the Collier County School Board adopted May 16, 2003, including any amendments adopted thereto. 2. Building height shall be a maximum of forty-eight (48) feet for principal structures and thirty-six (36) feet for accessory structures. Agenda Item No. 17A Apdl 13th, 2004 Page 31 of 96 11 4.01 4.02 4.03 SECTION 1V RESIDENTIAL DEVELOPMENT PURPOSE The purpose of this Section is to set forth general regulations for the areas designated on the Master Plan Thomas Lucido & Associates Ref. No. 9020 as Residential (R-1 to R-3). MAXIMUM DWELLING UNITS A maximum number of 2,100 dwelling units may be constructed on lands designated as Residential (R-1 to R-3) except as permitted by Section 2.07. GENERAL DESCRIPTION Areas designed as Residential (R-1 to R-3) Thomas Lucido & Associates Ref. No. 9020 are designed to accommodate a full range of residential dwelling types, recreational facilities, essential services, customary accessory uses, and compatible land uses such as religious, governmental, and educational facilities provided such uses meet the development standards as set forth in this document. Four residential land use categories have been identified on the Master Plan. The R-1 designation includes approximately 110 aces and will accommodate single family development on one-half acre lots. The R-2 designation includes approximately 586 acres and will provide for both conventional detached and attached single family development. The R-3 designation includes approximately 30 acres of low density cluster and multi-family development. PERMITTED PRINCIPAL USES AND STRUCTURES R-1 · Detached single family homes · Model units · Recreational facilities, parks, lakes and water management facilities R-2 · Detached and attached single family homes · Duplex and triplex units · Cluster homes, zero lot line, villas, patio homes, townhouses · Model units · Recreational facilities, parks, lakes and water management facilities Agenda Item No. 17A April 13th, 2004 Page 32 of 96 12 R-3 4.05 4.06 4.07 · Cluster homes., zero lot line, villas, and patio homes · Townhouses Garden apartments, low rise multi-family Recreational facilities, parks, lake and water management facilities PERMYITED ACCESSORY USES AND STRUCTURES · Accessory uses and structures customarily associated with uses permitted district · Essential services and facilities · Guest homes in R-1 areas _on lots one acre or larger in size in this PERMITTED USES AND STRUCTURES REQUIRING DEVELOPMENT PLAN APPROVAL UNDER SECTION 2.04 · Religious facilities · Civic and cultural facilities · Educational facilities · Private Clubs · Child care centers - owner occupied · Rest homes, foster homes, rehabilitation center, hospices · Other non-residential uses customary in residential districts DEVELOPMENT STANDARDS The following Sections set forth the development standards for permitted uses within the subject parcel... ao Standards for landscaping, signs, parking and other land uses not specified herein are to be in accordance with Collier County Zoning Regulations in effect at the time permits are requested. Unless otherwise indicated, setback, height, and floor area standards apply to principal structures. b. Roadway setbacks shall be measured as follows: If the parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way line. If the parcel is served by a private road, setback is measured from the road easement or parcel line. Agenda Item No. 17A April 13th, 2004 Page 33 of 96 13 o If the multi-family parcel is served by a private drive, setback is measured from the back of curb or edge of pavement, whichever is greater. Agenda item No. 17A Apdl 13th, 2004 Page 34 of 96 14 DEVELOPMENT STANDARDS "R" Residential Areas TABLE III A permitted Uses R-1 Villas, Single Low Rise Standards Detached Patio & Family and Garden R-2 Cluster Attached Apartments Detached Homes Townhouse Minimum Site Area ½ - AC 3000 SF 3000 SF - 6000 SF x units Site Width Min. Avg. 120 60 Front Yard Setback 30 20 20 25 25 Side yard Setback 20 0 or 10 0 or 10 15 5.5 Rear Yard Setback 25 15 25 30 20 Rear Yard Setback Acsry. 0 0 0 0 5 Max. Building Height 25 25 25 25 25 Dist. Between Principal Str. N/A N/A .5 ~ SBH .5 ~ SBH N/A Floor Area Minimum (S.F). 1200 750 900 7 50 1000 SITE DEPTH AVERAGE: Determined by dividing the site area by the site width. S1TE WIDTH: The average distance between straight lines connecting front and rear parcel lines at each side of the site, measured as straight lines between the foremost points of the side parcel lines in the front (at the point of intersection with the front parcel line) and the rearmost point of the parcel lines at the rear (point of intersection with the rear parcel line). SBH: (Sum of Building Height): Combined height of two adjacent buildings for the purpose of determining setback requirements. Agenda Item No. 17A April 13th, 2004 Page 35 of 96 15 PERMITYED USES STANDARDS DEVELOPMENT STANDARDS "R" Residential Areas TABLE III B EDUC. CIVIC/ FACILITIES CULTURAL FACILITIES RELIGIOUS FACILITIES PRIVATE CLUB OTHER USES NOT LISTED Minimum Site Area Site Width Min. Avg. Site Depth Min. Avg. Front Yard Setback Side Yard Setback Lake Bank Setback Rear Yard Setback Rear yard Setback Acsry. Max Building Height (Ft.) Dist. Between Principal Sm Floor Area Minimum (S.F.) As determined during the process under Section 2.04. As determined during the process under Section 2.04. As determined during the process under Section 2.04. 30 30 30 20 20 20 30 or BH 30 or BH 30 or BH 10 10 10 25 25 25 .5 SBH .5 SBH 1000 1000 .5 SBH 1000 Per County Regulations in effect at the time a permit is requested. 30 30 10 25 .5 SBH 1000 Agenda Item No. 17A April 13th, 2004 Page 36 of 96 16 5.01 5.02 SECTION V CN - COMMERCIAL/NEIGHBORHOOD PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on Thomas Lucido & Associates Ref. No. 9020, as 'CN'. The CN tract is intended to provide residents with conveniently located commercial facilities and services that are typically required on a regular basis. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1) Antique shops; appliance stores; art studios; art supplies; automobile parts stores; automobile service stations, without major repair; agricultural supply stores. 2) Bakery shops; banks and financial institutions; barber and beauty shops; bath supply stores; blue print shops; bicycle sales and services; book stores. 3) Carpet and floor covering sales (including storage and installation); child care centers; churches and other places of worship; clothing stores; confectionery and candy stores; convenience commercial establishments. 4) Delicatessen; drug stores; dry cleaning shops; dry good stores. 5) Electrical supply stores. 6) Fish stores; florist shops; food markets; furniture stores; furrier shops and fast food restaurants. 7) Gift shops; gourmet shops; 8) Hardware stores; health food stores; hobby supply stores; homes for the aged; hospices. 9) Ice cream stores; ice sales; interior decorating showrooms. 10) Jewelry stores. Agenda Item No. 17A April 13th, 2004 Page 37 of 96 17 B) ll) ~2) 13) 14) 16) 17) 18) 19) 20) 2D Laundries - self- service; leather goods and luggage stores; locksmiths and liquor stores. Meat market; medical office or clinic for human care; millinery shops; motel, hotel and transient lodging; music stores. Office (retail or professional); office supply stores. Park and ride, paint and wallpaper stores; pet shops; pet supply stores; photographic equipment stores; post office. Radio and television sales and services; excluding satellite dishes and antennas; restaurants, including fast foods; small appliance stores; shoe sales and repairs; restaurants. Souvenir stores; stationery stores; supermarkets and sanatoriums. Tailor shops; tobacco shops; toy shops; tropical fish stores. Variety stores; veterinary offices and clinics (no outside kenneling). Watch and precision instrument sales and repair. Water management facilities and essential services. Any other use which is comparable in nature with thc foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA"). Permitted Accessory Uses and Structures 1) 2) Accessory uses and structures customarily associated permitted in this district. Caretaker's residence. with the uses Agenda Item No. 17A April 13th, 2004 Page 38 of 96 18 5.03 DEVELOPMENT STANDARDS A) B) c) Minimum Site Area: A_as approved under Section 2.04_. Minimum Site Width: A__as approved under Section 2.04. Minimum Yard Requirements from parcel boundaries: Abutting non-residential areas: Twenty-five (25) feet. D) E) F) G) H) I) J) Abutting residential areas: Thirty-five (35) feet in which as appropriately designed and landscaped buffer shall be provided, as determined under Section 2.04, and in which no parking shall be permitted. Distance between principal structures: None, or a minimum of five (5) feet with unobstructed passage from front yard to rear yard. Maximum Height of Structures: Twenty-five (25) feet above the finished grade of the site. Minimum Floor Area of Principal Structures: One thousand (1,000) square feet per building on the ground floor. Minimum standards for signs, parking, lighting, and landscaping shall be in conformance with applicable Collier County regulations in effect at the time permits are sought. A maximum of sixty thousand square feet (60,000 s.f.) of leasable commercial building floor area shall be permitted in the CN district, exclusive of motel use. No outside display or storage shall be permitted. Maximum density for motel, hotel, and transit lodging shall be 26 units per acre. Agenda Item No. 17A Apdl 13th, 2004 Page 39 of 96 19 6.01 6.02 6.03 SECTION VI 'GC' GOLF COURSE GOLF COURSE DISTRICT The Golf Course District is intended to provide for an 18-hole gold course within the project. PERMITTED LOCATIONS It is recognized that golf courses provide open space for an entire community and serve a variety of functions including important water management functions. Therefore, the Golf Course District shall be a floating use and may be located within the Agricultural or Residential Districts, provided that the density of residential development shall not be substantially effected. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, constructed, reconstructed, or structurally altered which is designed, arranged, used or intended to be sued used or occupied, or land or water used, in whole or in part, upon that portion of the subject parcel designated as Golf Course District for one or more of the following uses: A. Permitted principal Uses and Structures 1) Golf Course 2) Racquetball, handball, tennis and other similar types of court(s). 3) Recreation clubs, clubhouse(s), and facilities, including the serving of alcoholic beverages. 4) Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA"). Agenda Item No. 17A April 13th, 2004 Page 40 of 96 20 Permitted Accessory Uses and Structures 1) 2) 3) 4) 5) 6) 7) Pro-shop, practice driving range, golf learning centers, golf course shelters, and other customary accessory uses of Golf Courses, Tennis Clubs, or other recreational facilities. Non-commercial plant nursery. Maintenance shops and equipment storage. Accessory uses and structures customarily associated with the uses permitted in this District. Snack bars. A maximum of two (2) residential units in conjunction with the operating operation of the golf course. Small commercial establishments, including gift shops, golf and tennis equipment sales, restaurants, cocktail lounges, and similar uses, intended to serve patrons of the golf course(s) or tennis club(s) or other permitted recreational facilities. DEVELOPMENT REGULATIONS FOR GOLF COURSE DISTRICT The purpose of this Section is to detail the development regulations for the Golf Course District. A. Maximum Height: - 25' Overall site design shall be harmonious in terms of landscaping, locations of structures, locations of access streets and parking areas, and location and treatment of buffer areas. Co Buildings shall be set back a minimum of fifty (50) feet from abutting residential neighborhoods and the setback area shall be landscaped. Tennis courts shall be set back a minimum of five (5) feet from parcel boundaries. Do Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare. Agenda Item No. 17A April 13th, 2004 Page 41 of 96 21 6.05 SITE PLAN APPROVAL REQUIREMENTS A plan of the golf course shall be approved in accordance with Section 2.04 prior to construction. B. Plans for all principal and all accessory uses shall be submitted to the Administrator for approval in accordance with Section 2.04. Agenda Item No. 17A April 13th, 2004 Page 42 of 96 22 7.01 7.02 7.03 SECTION VII COMMUNITY USE PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on the Master Plan, Thomas Lucido & Associates Ref. No. 9020, as CU, Community Use. The site includes 55 acres, has been dedicated to Collier County and may be used for the purposes set forth below and shall satisfy the Collier County Comprehensive Plan's park site dedication requirements for this project. An additional 31 acres shall be used for CU by Collier County for the expansion of the Collier County Fair Grounds. PERMITYED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: · Parks and playgrounds · Bicycle, hiking and nature trails · Recreational shelters and restrooms · Recreational fields, sports facilities and courts · Community centers · Restaurant or snack bar in conjunction with recreational activities · Water management facilities and essential services · Collier County Fair Grounds · State of Florida Forestry Department facilities · Fire State Site · ~,,t,,.-~ ..,;th th,~ f',~,-~,~^;~,~ ,,o,~o ,,,~1,, W?~;ch the A · Other governmental facilities · Park and ride facilities · Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA"). DEVELOPMENT STANDARDS Ao B. C. D. E. Minimum site area: None Minimum setback from tract boundaries: 50' Minimum setback from road right-of-way: 25' Maximum height of structures: 25' (except fine observation tower) Minimum distance between buildings: V2 the sum of their heights Agenda Item No. 17A April 13th, 2004 Page 43 of 96 23 Fo Minimum standards for parking, lighting, signs, and landscaping shall conform with applicable Collier County regulations in effect at the time permits are sought. Agenda Item No. 17A April 13th, 2004 Page 44 of 96 8.01 8.02 8.03 SECTION VIII 'SP' SCHOOL/PARK PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on the Master Plan, Thomas Lucido & Associates Ref. No. 9020, 'SP' School/Park. The SP site includes 25 acres reserved for use as a school site and associated park facilities. This site shall be dedicated to the Collier county Public School District at the convenience to the developer, or when requested by the School District, whichever occurs fin'st. The site shall be provided with potable water and sanitary sewer service in conformance with this documents and all applicable standards and requirements. An additional 11 acres is reserved for use as a community recreational park as shown on the Master Plan. PERMITTED USES AND STRUCTURES No building or structure, or parl thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: 1) 2) 3) 4) 5) 6) 7) 7) Elementary or middle school and facilities Parks and playgrounds Bicycle, hiking and nature trails Recreational shelters and restrooms Recreational fields, sports facilities and courts Water management facilities and essential services ~y o~er use w~ch is comp~able in nature wi~ the foregoing ~st of pe~tted principal u~s as detemned by ~e Bo~d of Zoning Appeals ("BZA"). DEVELOPMENT STANDARDS 1) 2) 3) Minimum Site Area: As approved under Section 2.04 Minimum Site Width: As approved under Section 2.04 Minimum Yard Requirements: 30' from all 'SP' tract boundaries for principal structures 20' from lake banks Agenda Item No. 17A April 13th, 2004 Page 45 of 96 25 4) S) 6) ?) ~) Maximum Height: 25' Minimum Floor Area of Principal Structures: One thousand (1000) square feet per building on the first habitable floor. Distance Between Principal Structures: V2 the sum of the building heights or 30', whichever is greater. Minimum standards for signs, parking, lighting, and landscaping shall be in conformance with applicable Collier County regulations in effect at the time permits~ are sought. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. Prior to development, a development plan for the tract shall be approved in accordance with Section 2.04. Agenda Item No. 17A Apdl 13th, 2004 Page 46 of 96 26 9.01 9.02 SECTION IX GENERAL DEVELOPMENT COMMITMENTS PURPOSE The purpose of this Section is to set forth the general development commitments for the project. DEVELOPMENT COMMITMENTS A. ENERGY 1) Construction shall comply with applicable local and state energy codes. 2) Reasonable "good faith" efforts to utilize state-of-the-art energy conservation techniques shall be made with practically and economically feasible. Such techniques may include, but shall not be limited to the following: ao Provision of bicycle rocks and/or storage facilities in office and commercial areas and in multi-family residential areas. Cooperation in the locating of bus stops, shelters and other passenger and system accommodations when a transit system is developed to serve the project area. Use of energy-efficient features in window design (e.g., shading and tinting). d. Use of operable windows and ceiling fans. e. Installation of energy-efficient appliances and equipment. Reduced coverage by asphalt, concrete, rock and similar substances in streets, parking lots and other areas to reduce local air temperatures and reflected light and heat. Installation of energy-efficient lighting for streets, parking areas, recreation areas and other interior and exterior public areas. Selection of native plants, trees and other vegetation and landscape design features that reduce requirements for water, fertilizer, maintenance and other needs. Agenda Item No. 17A April 13th, 2004 Page 47 of 96 27 Bo Co Planting or retention of native shade trees to provide reasonable shade for all recreation areas, streets and parking areas. jo Placement of trees to provide needed shade in the warmer months while not overly reducing the benefits of sunlight in the cooler months. Planting or retention of native shade trees for each residential unit. Orientation of structures, as possible, to reduce solar heat gain by walls and to utilize natural cooling effects of the wind. mo Provision for structural shading (e.g., trellises, awnings and roof overhangs) wherever practical when natural shading cannot be used effectively. n. Inclusion of porch/patio areas in residential units. 3) Deed restrictions and other mechanisms shall not prohibit or prevent the use of alternative energy devices such as solar collectors (except when necessary to protect the public health, safety and welfare). AIR QUALITY 1) The developer shall comply with applicable codes and apply for required permits relative to air quality, where such permits are required. TRANSPORTATION 1) payment or road ~nance ~5 55, ~' 1) Road impact fees shall be paid in accordance with Collier County Ordinance 01-13, or Division 3.15 of the Land Development Code, as amended. 2) The developer shall provide separate left and right turn lanes on Immokalee Road as the project's access if deemed necessary by the County Engineer, and shall make a fair share contribution toward the capital cost of a traffic signal at .the intersection of CR 846 and CR 858 Agenda Item No. 17A April 13th, 2004 Page 48 of 96 28 Eo when deemed warranted by the County Engineer. The signal shall be owned, operated and maintained by Collier County. 3) The developer shall bear the entire cost of all traffic signals which may become needed at intersections within the project. WATER MANAGEMENT 1) A master/conceptual water management system design shah be submitted to and approved by the Water Management Advisory Board prior to the submittal of construction plans to the County Engineer. 2) Detailed water management construction plans shall be submitted for approval to the County Engineering Department prior to commencement of construction. 3) Surface Water Management Permits shall be obtained from the South Florida Water Management District prior to the commencement of development. 4) The water management for the Orangetree project shall implement water quality "best management practices" to the extent possible. 5) An Excavation Permit will be required for the proposed lakes in accordance with Collier County Ordinance No. 80-26, as amended by Ordinance No. 83-3, and as may be amended in the future. 6) Reservoirs/lakes wholly located in agriculturally designated land may vary from typical construction specifications of County Ordinance No. 88-26 as approved by the Board of County Commissioners through the excavation permit process. If the use of the land surrounding the agricultural reservoirs/lakes is ever changed to a use other than agriculture, all areas of the reservoirs/lakes will be required to meet standards specified in the County Excavation Ordinance in effect at that time. WATER AND SEWER 1) Water Facilities - Developer shall provide an on-site potable water source and shall construct an on-site potable water treatment plant and distribution system. The system shall be designed and constructed, by phases if desired, to serve all developed portions (agricultural areas excluded) of the project; including flows adequate to provide f'nre protection. All components shall be designed and constructed in Agenda Item No. 17A April 13th, 2004 Page 49 of 96 29 2) accordance with applicable Collier County and State of Florida requirements. Sewer Facilities - Developer shall construct an on-site sewage treatment plant and sewage collection and transmission system to serve all developed portions. Treatment plant shall provide treatment levels, pursuant to Chapter 17-6.040(q), Florida Administrative Code, required to allow use of treated effluent in the proposed on-site drip irrigation system. All components shall be designed and constructed in accordance with applicable Collier County and State of Florida requirements. During the time that the Developer operates the sewage treatment plant, data required pursuant to County Ordinance No. 80-112 showing the availability of sewage service will be submitted for approval by the Utilities _Ddivision prior to approval of the construction documents for the project and for all building permits required. Copies of the approved DER permits for the sewage collection and transmission systems and the on-site wastewater treatment facility shall be submitted upon receipt to the Utilities Division. 3) Plans Approval - All construction plans and technical specifications and proposed plats plans, if applicable, for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the Uutilities Division prior to commencement of construction. Detailed hydraulic design repons covering the complete water and sewer systems to serve the project will be submitted with the construction documents for the project. These reports shall list all design assumptions, demand rates and other factors pertinent to the systems under consideration. Prior to approval of construction documents by the Utilities Division, the Developer will present verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the Developer to provide sewer and/or water service to the project until the County can provide these services through its water and sewer facilities. Upon completion of construction the water and sewer facilities will be tested to insure they meet Collier County's minimum requirements, a comprehensive inspection of the facilities made by the Utilities Division and record drawings of the facilities filed with the Utilities Division. Agenda Item No. 17A April 13th, 2004 Page 50 of 96 30 4) 5) Any utility entity established to serve or serving the project shall also be bound by these General Development Obligations concerning the provision of water and sewer related utilities to the project. Facilities Ownership and Conveyance - It is understood by Developer' that Collier County may, at some future time, desire to serve the project water and sewer services. To that end, Developer freely and voluntarily agrees to convey at no cost all water and sewer treatment plants and distribution/collection and transmission system components to Collier County. Notwithstanding anything herein to the contrary, the County in turn will agree not to make formal request to serve the project with water or sewer related services until on or after January 1, 2001. In that regard, Developer and any interim utility established to serve the Project shall enter into a specific agreement with and acceptable to County which outlines the procedures, covenants, obligations and responsibilities arising from these General Development Obligations concerning the provision of water and sewer related utilities to the project. Once the water/sewer Systems have been conveyed to Collier County, any required expansions to the on-site water treatment plant or sewage treatment plant shall be the responsibility of Collier County and shall be accomplished as required to meet project demand, at the expense of Collier County. All required expansions of the water distribution/sewage collection systems shall be the responsibility of the Developer, and shall be designed and constructed to Collier County and State of Florida requirements. On completion of construction, the facilities will be tested to insure they meet Collier County's minimum requirements, at which time they will be conveyed or transferred to the County, when required by the Utilities Division, pursuant to appropriate County ~Oordinances and Regulations in effect at the time of conveyance or transfer is requested, prior to being placed into service. Rights-of-way/Easements - All components of the water and sewer systems that may be conveyed to Collier County including treatment plants, shall be constructed within public rights-of-way or on lands owned or controlled by Developer for which Developer can provide utility easements to Collier County. All water and sewer facilities constructed on private property and not required by the County to be located within utility easements shall be perpetually owned, operated and maintained by the Developer, his assigns or successors. At the time of system conveyance Developer shall provide all required easements. At such time as Collier County discontinues operation of the on-site water or sewer plants, the plant site shall be conveyed back to the developer by Agenda Item No. 17A April 13th, 2004 Page 51 of 96 31 6) 7) 8) applicable statutory deed and site utility easements shall be vacated, except that an easement shall be reserved for any connecting facilities required, pursuant to paragraph 6). Connection to county Water and/or Sewer Facilities - All construction plans and technical specifications related to connections to the County's off-site water and/or sewer facilities will be submitted to the Utilities Division for review and approval prior to commencement of construction. Upon connection to the County's off-site water facilities, and/or sewer facilities, the Developer, his assigns or successors shall abandon, dismantle and remove from the site the interim water and/or sewage treatment facility and discontinue use of the water supply source, if applicable, in a manner consistent with State of Florida standards. All work related with this activity shall be performed at no cost to the County. Connection to the County's off-site water and/or sewer facilities will be made by the Developer, their assigns or successors at no cost to the County within 120 days after such facilities become available at the project site. The cost of connection shall include, but not be limited to, all engineering design and preparation of construction documents, permitting, modification or refitting of sewage pumping facilities, interconnection with County off-site facilities, water and/or sewer lines necessary to make the connection(s). Customers - All customers connectio~n_g to the water distribution and sewage collection facilities will be customers of the developer or the interim utility established to serve the project until Collier County makes formal request for dedication of the water and sewer systems. At that time, the customers served on an interim basis by the utility system constructed by the Developer shall become customers of the County. Prior to connection of the project to the County's off-site water and/or sewer facilities, or the County assuming operation and maintenance responsibility for the water and/or sewer systems the Developer, and/or his assigns, or successors shall turn over to the Ceounty a complete list of the customers served by the interim utilities system and shall not compete with the County for the service of those customers. The Developer shall also provide the County with a detailed inventory of the facilities served within the project and the entity which will be responsible for the water and/or sewer service billing for the project. System Development Charges - During that period of time that the water and sewer utility system is owned, operated and maintained by Developer, Agenda Item No. 17A Apdl 13th, 2004 Page 52 of 96 32 Fo Developer may charge a system development charge to each connecting customer in an amount as approved and allowed by the Florida Public Service Commission (PSC). Developer agrees to pay all applicable system development charges or impact fees at the time that building permits are required, pursuant to County ordinances and regulations then in effect. As well, Developer acknowledges that upon connection of the interim facility to the off-site treatment and transmission facilities operated and maintained by the County that all owners of existing properties characterized as new users and subject to the imposition of either a water or sewer impact fee will be required to pay system development charges or impact fees for such new use. On the other hand, buildings, structures, or improvements, either existing or which have been issued a building permit for which construction is proceeding in good faith, shall not be required to pay a water or sewer impact fee, whichever the case, if at the time the County formally and of its own volition resolves to provide the Project with water or sewer related services, the Board of Commissioners, in good faith, expressly declares its intention to operate the water or sewer utility treatment facilities as a part of its regional system, or as a stand alone system without an intention to immediately dismantle and disconnect from the existing on-site treatment facilities. Notwithstanding the provisions of this subparagraph 8 a subsequent ordinance of general application, effective at the time of connection of the interim facility to the off-site treatment and transmission facilities operated and maintained by the County which has contrary or differing provisions relative to the imposition of water and/or sewer system development charges or impact fees, shall be construed as superseding the applicable provisions of this subparagraph 8. 9) l~eveloper shall be allowed up to ten (10) temporary private wells and individual sewage disposal systems as areas are developed prior to construction or expansion of the central systems. All such temporary facilities shall comply with applicable state and county regulations and shall acquire required permits. ENVIRONMENTAL 1) A site clearing plan shall be submitted to the Napar"M Resource Environmental Services Department Staff for it_5 '~e;m review and approval prior to any substantial work on the site. This plan may be submitted in phases to coincide with the development schedule. The site cleating plan shall clearly depict how the final site layout incorporates retained native Agenda Item No. 17A April 13th, 2004 Page 53 of 96 33 vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. 2) Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted ot to the ~a~tu-a' r, ...... ;,,, r, .... , ..... ' Environmental Services Department Staff for it__s '~eir review and approval. This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. 3) All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development, a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and approved by the ~'~'*..--~ Resource ...... r~...o.-,...~,., ~..a *ke ~ ...... ;,.. r, .... ~ ..... * Environmental Services Department Staff. 4) If, during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the ~.~.,.,..1 o~,o~,,.,-~.~ xa.~.o,~....~,., r',~.....-,,~,~.,., Development Environmental Services Department Staff notified. Development will be suspended for a sufficient length of time to enable ~.~r~ .... "~-'-v----~-,~ ..... ' Environmental Services Department Staff or _a designated consultant to assess th~ find and determine the proper course of action in regard to its salvageability ~,,a ,h~ r, ...... ;,,, r~ .... ~ ..... * Environmental Services Department Staff will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. EDUCATION 1) The project shall fully mitigate its fiscal impacts by donating a 25 acre parcel to the Collier County Public School District to be utilized as a school site. Agenda Item No. 17A April 13th, 2004 Page 54 of 96 9.03 Ho 2) Future development of the educational facilities within this PUD Zoning District shall be subject to the two Interlocal Agreements between the Board of County Commissioners of Collier County, Florida and the Collier County School Board to establish educational plant and ancillary plant site development review processes. FIRE PROTECTION 1) The developer commits to providing a central water system to all residential and commercial facilities which is capable of providing fire flow capacities as required by Collier County. 2) Building heights shall be limited to twenty-five (25) feet for all habitable structures in accordance with Corkscrew Fire District's equipment capabilities. I. FISCAL The developer has agreed to dedicate a school site to the School Board, and to donate fifty-five (55) acres to the County for public use purposes, including the Collier County Fairgrounds. The Developer has also donated $25,000 to the Corkscrew Fire District for equipment on August 3, 1987. These donations shall mitigate the projects proiect's fiscal impacts. DEVELOPMENT PLAN mo The Master Plan, Thomas Lucido & Associates Ref. No. 9020, is an illustrative preliminary development plan. Bo The design criteria and layout illustrated in the Master Plan shall be understood as flexible so that the final design may best satisfy the project and comply with all applicable requirements. Co Minor design changes shall be permitted subject to County staff administrative approval. AMENDMENT Amendments of this -^"; .... ,~ a .... ~ ..... * PUD dDocument, or of the Master Land Use Plan, shall be accomplished according to the procedures set forth by Collier County for amendments to a PElanned Idunit Dd_evelopment. Agenda Item No. 17A April 13th, 2004 Page 55 of 96 35 ZONING AND DEVELOPMENT DOCUMENT for AMNON GOLAN, TRUSTEE ORANGETREE ASSOCIATES ORANGETREE First Amendment Prepared by: WILSON, MILLER, INC. Engineers, Planners and Land Surveyors 3200 Bailey Lane at Airport Road Naples, Florida 33942 PUD Amendment Application November 22, 1989 Revised February 27, 1991 Revised May 13, 1991 Revised ,2003 Original Z & DD Approval: December 10, 1985 Ordinance Number: 87-13 Approved by CCPC: December 20, 1990 Approved by BCC: June, 1991 Ordinance Number: 91-43 Exhibit "A" Agenda Item No. 17A April 13th, 2004 Page 56 of 96 SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI SECTION VII SECTION VIII SECTION IX INDEX Index List of Exhibits and Tables Property Description Project Development Agricultural Development Residential Development. Commercial/Neighborhood Golf Course Community Use School/Park General Development Commitments PAGE 2 3 4 5 10 12 17 20 22 23 25 Agenda Item No. 17A Apd113th, 2004 Page 57 of 96 2 LIST OF EXHIBITS AND TABLES EXHIBIT A TABLE I TABLE II TABLE HI Master Plan (Prepared by Thomas Lucido & Associates Ref. No. 9020) Land Use Summary Estimated Market Absorption Schedule Development Standards Agenda Item No. 17A April 13th, 2004 Page 58 of 96 SECTION I PROPERTY DESCRIPTION AND OWNERSHIP 1.01 INTRODUCTION, LOCATION, AND PURPOSE 1.02 It is the intent of Amnon Golan, Trustee, Orangetree Associates, (hereinafter called "applicant or developer") to establish a Development on approximately 2,752.8 acres of property located in Collier County, Florida. The subject property is described as "North Golden Gate" on Collier County maps and is bounded on the west by Immokalee Road (CR 846), on the south by Randall Boulevard and is bounded on the north and east by drainage ways. Oil Well Road (CR 858) runs through the site in an east-west direction. LEGAL DESCRIPTION Legal Description: This parcel contains approximately 2,752.8 acres and is platted as North Golden Gate and recorded in the Public Records of Collier County, Florida as follows: Unit 1 Plat Book 9 Pages 12-28 Unit 2 Plat Book 9 Pages 39-43 Unit 3 Plat Book 9 Pages 125-142 Unit 4 Plat Book 9 Pages 53-64 Unit 5 Plat Book 9 Pages 65-72 Unit 6 Plat Book 9 Pages 74-78 Unit 7 Plat Book 9 Pages 85-97 Agenda Item No. 17A April 13th, 2004 Page 59 of 96 4 SECTION II PROJECT DEVELOPMENT 2.01 2.02 2.03 PURPOSE The purpose of this Section is to generally describe the plan of the development and delineate the general conditions that will apply to the project. GENERAL PLAN OF DEVELOPMENT The subject parcel is designed as a mixture of agriculture, residential uses, commercial and community oriented facilities, and recreational elements. COMPLIANCE WITH APPLICABLE ORDINANCES The project is intended to be in substantial compliance with the applicable Collier County Zoning and Subdivision regulations as well as other Collier County development codes in effect at the time permits and/or plats are requested. SUBDIVISION MASTER PLAN AND SITE DEVELOPMENT PLAN APPROVAL 2.05 The review and approval of subdivision master plans and construction plans shall follow the design and development standards and review procedures regulating subdivisions of the Collier County Ordinances in effect at the time of development. The developer reserves the right to request exceptions and modifications to the standards set forth in applicable regulations. For site development plan approval, the provisions of Section 10.5 of the Zoning Ordinance shall apply to the development of platted tracts or parcels of land as provided in Section 10.5 prior to the issuance of a building permit or other development order. LAND USES Table I is a schedule of the intended land use types, with approximate acreages and total dwelling units indicated. The arrangement of these land use types is shown on the Master Plan, Thomas Lucido & Associates Ref. No. 9020. Changes and variations in design and acreages shall be permitted at final design to accommodate topography, vegetation, and other site conditions. The specific location and size of individual tracts and the assignment of dwelling units thereto shall be submitted to the Administrator for approval or denial, as described in Section 2.04 of this document. Agenda Item No. 17A April 13th, 2004 Page 60 of 96 5 2.06 2.07 PROJECT DENSITY The total acreage of the subject property is approximately 2,752.8 acres. The maximum number of dwelling units' to be built on the total acreage is 2,100. The number of dwelling units per gross acre is approximately 0.76. The density on individual parcels of land throughout the project may vary according to the type of housing placed on each parcel of land but shall comply with guidelines established in this document. PERMITTED VARIATIONS OF DWELLING UNITS All properties designated for residential uses may be developed at the maximum number of dwelling units as assigned under Section 2.04, provided that the total number of dwelling units shall not exceed 2.100. The Administrator shall be notified in accordance with Section 2.04 of such an increase and the resulting reduction in the corresponding residential land use types or other categories so that the total number of dwelling units shall not exceed 2,100. The maximum number of dwelling units by type as shown in Table I shall not vary by more than twenty (20) percent in each category. The maximum number of dwelling units shall include all caretaker's units but does not include the designated hotel rooms. 2.08 2.09 DEVELOPMENT SEQUENCE AND SCHEDULE The applicant has not set "stages" for the development of the property but the property is to be developed over an estimated 15 year-time period. Any projection of project development can be no more than an estimate based on current marketing knowledge. The estimate may, of course, change depending upon future economic factors. Table II indicates, by phase, the estimated absorption of units for the estimated 15-year development period. RESERVATION OF N)kTURAL VEGETATION AND TREE REMOVAL Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Development Standards outlined in this document. 2.10 EASEMENTS FOR UTILITIES Easements shall be provided for water management areas, utilities and other purposes as may be needed. Said easements and improvements shall be in substantial compliance with the Collier County Subdivision Regulations in effect at the time a permit is requested or required. Agenda Item No. 17A April 13th, 2004 Page 61 of 96 2.11 All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in substantial compliance with applicable regulations in effect at the time approvals are requested. EXCEPTIONS TO THE COLLIER COUNTY SUBDIVISION REGULATIONS 2.12 Exceptions to the Subdivision Regulations shall be requested at the time of Subdivision Master Plan review and approval. LAKE SITING As depicted on the Master Plan, Thomas Lucido & Associates Ref. No. 9020, lakes and natural retention areas have been sited adjacent to existing and planned roadways. The goals of this are to achieve an overall aesthetic character for the project, to permit optimum use of the land, and to increase the efficiency of the water management network. Accordingly, the setback requirements described in Ordinance 80-26, Section 8A, may be reduced with the approval of the County Engineer. Fill material from lakes is planned to be utilized within the project, however excess fill material may be utilized off- site, subject to the provisions of the excavation ordinance in effect at the time permits are sought. 2.13 ROADS Collector roads will be public roads. Local roads within the development may be either public or private roads, depending on location, capacity, and design. Agenda Item No. 17A April 13th, 2004 Page 62 of 96 7 LAND USE SUMMARY TABLE I SYMBOL DESCRIPTION UNITS APPROXIMATE ACREAGE AG Agriculture GC Golf Course R-1 Residential R-2 Residential R-3 Residential CU Community Use U Utility SP School/Park CN *2 1098'1 *2 200*3 143 110 1797 586 160 30 86 15 36 Neighborhood (Max. 60,000 Commercial S.F. plus motel units) 22 RW Right-of-Way 149.8 LAKE 420 Total 2,100 2,752.8*4 NOTE:The projected total unit summary represents one possible residential mix to .yield 2,100 units. Should there be an increase of units in any residential category, there would be a corresponding decrease in other categories to maintain a maximum total of 2,100 units. R-1 R-2 R-3 *1 *2 *3 *4 One-half acre lots - single family. Detached and attached single family, duplex and triplex, cluster homes, zero lot line, villas, patio homes, townhouses. Cluster homes, zero lot line villas, patio homes, townhouses, garden apartments (2-story max.) Includes agricultural reservoirs. Approved breakdown of agriculture and golf course lands. Includes golf course related lakes. Based on actual survey of acreage. Agenda Item No. 17A April 13th, 2004 Page 63 of 96 ESTIMATED MARKET ABSORPTION SCHEDULE TABLE II DWELLING UNIT PRODUCTION CUMULATIVE TOTAL 1 0 0 2 70 70 3 100 170 4 140 310 5 160 470 6 160 630 7 160 790 8 165 955 9 165 1,120 10 165 1,285 11 165 1,450 12 165 1,615 13 165 1,780 14 160 1,940 15 160 2,100 Agenda Item No. 17A April 13th, 2004 Page 64 of 96 9 SECTION III AGRICULTURAL DEVELOPMENT 3.01 3.02 3.03 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on the PUD Master Plan, Thomas Lucido & Associates Reft No. 9020 as AG. GENERAL DESCRIPTION The AG District is intended to apply to those areas, the present or prospective use of which is agricultural, pastoral or rural in nature. This district is designed to accommodate both traditional agricultural uses and techniques, and conservation measures where appropriate, and public educational plants and ancillary plants, while protecting the rural areas of the County. The regulations in this district are intended to permit a reasonable use of the property, while at the same time prevent the creation of conditions which would seriously endanger, damage, or destroy the agricultural base of the County, or environmental resources, potable water supply, or the wildlife resources of the County. To this end, the use of drip-irrigation techniques or any other low volume irrigation, like microjet, shall be implemented for agricultural uses (golf course excepted) in this district. PERMITTED USES AND STRUCTURE A. Permitted Principal Uses and Structures: 1) Agricultural activities, such as field crops, reservoirs/lakes, orchards, horticulture, fruit and nut production. 2) Educational plants and ancillary plants. a. "Educational Plant" comprises the educational facilities, site and site improvements necessary to accommodate students, facility, administrators, staff, and the activities of the educational program of each plant that is operated by the Collier County School Board. b. "Ancillary Plant" is comprised of the building, site and site improvements necessary to provide such facilities as vehicle maintenance, warehouses, maintenance, or administrative buildings necessary to provide support services to an educational program operated by the Collier County School Board. B. Permitted Accessory Uses and Structures: 1) Accessory uses and structures which are incidental to and customarily associated with uses permitted in the district. Agenda Item No. 17A April 13th, 2004 Page 65 of 96 10 Co 2) On-site retail sales of farm products primarily grown on the farm. 3) Caretakers residences. Permitted Uses Requiring Site Development Plan Approval: 1. Packing Houses 2. Public Educational plants and ancillary plants Do Development Standards for Educational Plants and Ancillary Plants: 1. In accordance with the Interlocal Agreement between the Board of County Commissioners and the Collier County School Board adopted May 16, 2003, including any amendments adopted thereto. 2. Building height shall be a maximum of forty-eight (48) feet for principal structures and thirty-six (36) feet for accessory structures. Agenda Item No. 17A April 13th, 2004 Page 66 of 96 11 SECTION IV RESIDENTIAL DEVELOPMENT 4.01 4.02 4.03 PURPOSE The purpose of this Section is to set forth general regulations for the areas designated on the Master Plan Thomas Lucido & Associates Ref. No. 9020 as Residential (R- 1 to R-3). MAXIMUM DWELLING UNITS A maximum number of 2,100 dwelling units may be constructed on lands designated as Residential (R-1 to R-3) except as permitted by Section 2.07. GENERAL DESCRIPTION Areas'designed as Residential (R-1 to R-3) Thomas Lucido & Associates Ref. No. 9020 are designed to accommodate a full range of residential dwelling types, recreational facilities, essential services, customary accessory uses, and compatible land uses such as religious, governmental, and educational facilities provided such uses meet the development standards as set forth in this document. Fo~ residential land use categories have been identified on the Master Plan. The R-1 designation includes approximately 110 aces and will accommodate single family development on one-half acre lots. The R-2 designation includes approximately 586 acres and will provide for both conventional detached and attached single family development. The R-3 designation includes approximately 30 acres of low density cluster and multi-family development. PERMITTED PRINCIPAL USES AND STRUCTURES R-1 · Detached single family homes · Model units · Recreational facilities, parks, lakes and water management facilities R-2 · Detached and attached single family homes · Duplex and triplex units · Cluster homes, zero lot line, villas, patio homes, townhouses · Model units · Recreational facilities, parks, lakes and water management facilities Agenda Item No. 17A April 13th, 2004 Page 67 of 96 12 4.05 4.06 4.07 R-3 · Cluster homes, zero lot line, villas, and patio homes · Townhouses · Garden apartments, low rise multi-family · Recreational facilities, parks, lake and water management facilities PERMITFED ACCESSORY USES AND STRUCTURES · Accessory uses and structures customarily associated with uses permitted in dislrict · Essential services and facilities · Guest homes in R-1 areas on lots one acre or larger in size this PERMYIWED USES AND STRUCTURES REQUIRING DEVELOPMENT PLAN APPROVAL UNDER SECTION 2.04 · Religious facilities · Civic and cultural facilities · Educational facilities · Private Clubs · Child care centers- owner occupied · Rest homes, foster homes, rehabilitation center, hospices · Other non-residential uses customary in residential districts DEVELOPMENT STANDARDS The following Sections set forth the development standards for permitted uses within the subject ~arcel. Standards for landscaping, signs, parking and other land uses not specified herein are to be in accordance with Collier County Zoning Regulations in effect at the time permits are requested. Unless otherwise indicated, setback, height, and floor area standards apply to principal structures. b. Roadway setbacks shall be measured as follows: If the parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way line. If the parcel is served by a private road, setback is measured from the road easement or parcel line. Agenda Item No. 17A April 13th, 2004 Page 68 of 96 13 o If the multi-family parcel is served by a private drive, setback is measured from the back of curb or edge of pavement, whichever is greater. Agenda Item No. 17A April 13th, 2004 Page 69 of 96 14 DEVELOPMENT STANDARDS "R" Residential Areas TABLE III A Permitted Uses R-1 Villas, Single Low Rise Standards Detached Patio & Family and Garden R-2 Cluster Attached Apartments Detached Homes Townhouse Minimum Site Area V2 - AC 3000 SF 3000 SF 6000 SF x units Site Width Min. Avg. 120 60 Front Yard Setback 30 20 20 25 25 Side yard Setback 20 0 or 10 0 or 10 15 5.5 Rear Yard Setback 25 15 25 30 20 Rear Yard Setback Acsry. 0 0 0 0 5 Max. Building Height 25 25 25 25 25 Dist. Between Principal Str. N/A N/A .5 SBH .5 SBH N/A Floor Area Minimum (S.F). 1200 750 900 750 1000 SITE DEPTH AVERAGE: Determined by dividing the site area by the site width. SITE WIDTH: The average distance between straight lines connecting front and rear parcel lines at each side of the site, measured as straight lines between the foremost points of the side parcel lines in the front (at the point of intersection with the front parcel line) and the rearmost point of the parcel lines at the rear (point of intersection with the rear parcel line). SBH: (Sum of Building Height): Combined height of two adjacent buildings for the purpose of determining setback requirements. Agenda Item No. 17A April 13th, 2004 Page 70 of 96 15 PERMITYED USES STANDARDS DEVELOPMENT STANDARDS "R" Residential Areas TABLE III B EDUC. CIVIC/ RELIGIOUS FACILITIES CULTURAL FACILITIES FACILITIES PRIVATE CLUB OTHER USES NOT LISTED Minimum Site Area Site Width Min. Avg. Site Depth Min. Avg. Front Yard Setback Side Yard Setback Lake Bank Setback Rear Yard Setback Rear yard Setback Acsry. Max Building Height (Ft.) Dist. Between Principal Str. Floor Area Minimum (S.F.) As determined during the process under Section 2.04. As determined during the process under Section 2.04. As determined during the process under Section 2.04. 30 30 30 30 or BH 30 or BH 30 or BH 10 10 10 25 25 25 .5 SBH .5 SBH .5 SBH 1000 1000 1000 Per County Regulations in effect at the time a permit is requested. 10 .5 SBH 1000 Agenda Item No. 17A April 13th, 2004 Page 71 of 96 16 5.01 5.02 SECTION V CN - COMMERCIAL/NEIG~O~OOD PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on Thomas Lucido & Associates Ref. No. 9020, as 'CN'. The CN tract is intended to provide residents with conveniently located commercial facilities and services that are typically required on a regular basis. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be elected, altered or used, or land or water used, in whole or in part, for other than the following: · A. Permitted Principal Uses and Structures 1) Antique shops; appliance stores; art studios; art supplies; automobile parts stores; automobile service stations, without major repair; agricultural supply stores. 2) Bakery shops; banks and financial institutions; barber and beauty shops; bath supply stores; blue print shops; bicycle sales and services; book stores. 3) Carpet and floor covering sales (including storage and installation); child care centers; churches and other places of worship; clothing stores; confectionery and candy stores; convenience commercial establishments. 4) Delicatessen; drug stores; dry cleaning shops; dry good stores. 5) Electrical supply stores. 6) Fish stores; florist shops; food markets; furniture stores; furrier shops and fast food restaurants. 7) Gift shops; gourmet shops; 8) Hardware stores; health food stores; hobby supply stores; homes for the aged; hospices. 9) Ice cream stores; ice sales; interior decorating showrooms· 10) Jewelry stores. Agenda Item No. 17A April 13th, 2004 Page 72 of 96 17 11) Laundries - self - service; leather goods and luggage stores; locksmiths and liquor stores. 12) Meat market; medical office or clinic for human care; millinery shops; motel, hotel and transient lodging; music stores. 13) Office (retail or professional); office supply stores. 14) Park and ride, paint and wallpaper stores; pet shops; pet supply stores; photographic equipment stores; post office. 15) Radio and television sales and services; excluding satellite dishes and antennas; restaurants, including fast foods; small appliance stores; shoe sales and repairs; restaurants. 16) Souvenir stores; stationery stores; supermarkets and sanatoriums. 17) Tailor shops; tobacco shops; toy shops; tropical fish stores. 18) Variety stores; veterinary offices and clinics (no outside kenneling). 19) Watch and precision instrument sales and repair. 20) Water management facilities and essential services. 21) Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals CBZA"). B) Permitted Accessory Uses and Structures 1) Accessory uses and structures customarily associated with the uses permitted in this district. 2) Caretaker's residence. Agenda Item No. 17A April 13th, 2004 Page 73 of 96 18 5.03 DEVELOPMENT STANDARDS A) Minimum Site Area: As approved under Section 2.04. B) Minimum Site Width: As approved under Section 2.04. C) Minimum Yard Requirements from parcel boundaries: Abutting non-residential areas: Twenty-five (25) feet. AbuUing residential areas: Thirty-five (35) feet in which as appropriately designed and landscaped buffer shall be provided, as determined under Section 2.04, and in which no parking shall be permitted. D) Distance between principal structures: None, or a minimum of five (5) feet with unobstructed passage from front yard to rear yard. Maximum Height of Structures: Twenty-five (25) feet above the finished grade of the site. F) Minimum Floor Area of Principal Structures: One thousand (1,000) square feet per building on the ground floor. G) Minimum standards for signs, parking, lighting, and landscaping shall be in conformance with applicable Collier County regulations in effect at the time permits are sought. H) A maximum of sixty thousand square feet (60,000 s.f.) of leasable commercial building floor area shall be permitted in the CN district, exclusive of motel use. I) No outside display or storage shall be permitted. J) Maximum density for motel, hotel, and transit lodging shall be 26 units per acre. Agenda Item No. 17A April 13th, 2004 Page 74 of 96 19 6.01 6.02 6.03 GOLF COURSE DISTRICT SECTION VI 'GC' GOLF COURSE The Golf Course District is intended to provide for an 18-hole gold course within the project. PERM1TFED LOCATIONS It is recognized that golf courses provide open space for an entire community and serve a variety of functions including important water management functions. Therefore, the Golf Course District shall be a floating use and may be located within the Agricultural or Residential Districts, provided that the density of residential development shall not be substantially affected. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, constructed, reconslructed, or structurally altered which is designed, arranged, used or intended to be used or occupied, or land or water used, in whole or in part, upon that portion of the subject parcel designated as Golf Course District for one or more of the following uses: Permitted principal Uses and Structures 1) 2) 3) Ao 4) Golf Course Racquetball, handball, tennis and other similar types of court(s). Recreation clubs, clubhouse(s), and facilities, including the serving of alcoholic beverages. Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA"). Permitted Accessory Uses and Structures 1) Pro-shop, practice driving range, golf leaming centers, golf course shelters, and other customary accessory uses of Golf Courses, Tennis Clubs, or other recreational facilities. 2) Non-commercial plant nursery. Agenda Item No. 17A April 13th, 2004 Page 75 of 96 20 6.05 3) Maintenance shops and equipment storage. 4) Accessory uses and structures customarily associated with the uses permitted in this District. 5) Snack bars. 6) A maximum of two (2) residential units in conjunction with the operation of the golf course. 7) Small commercial establishments, including gift shops, golf and tennis equipment sales, restaurants, cocktail lounges, and similar uses, intended to serve patrons of the golf course(s) or tennis club(s) or other permitted recreational facilities. DEVELOPMENT REGULATIONS FOR GOLF COURSE DISTRICT The purpose of this Section is to detail the development regulations for the Golf Course District. A. Maximum Height: - 25' Overall site design shall be harmonious in terms of landscaping, locations of structures, locations of access streets and parking areas, and location and treatment of buffer areas. Buildings shall be set back a minimum of fifty (50) feet from abutting residential neighborhoods and the setback area shall be landscaped. Tennis courts shall be set back a minimum of five (5) feet from parcel boundaries. Do Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare. SITE PLAN APPROVAL REQUIREMENTS Ao A plan of the golf course shall be approved in accordance with Section 2.04 prior to construction. Plans for all principal and all accessory uses shall be submitted to the Administrator for approval in accordance with Section 2.04. Agenda Item No. 17A April 13th, 2004 Page 76 of 96 21 7.01 7.02 7.03 SECTION VII COMMUNITY USE PURPOSE The purpose of this Section is to set forth the regUlations for the areas designated on the Master Plan, ThOmas Lucido & Associates Ref. No. 9020, as CU, CommUnity Use. The site includes 55 acres, has been dedicated to Collier County and may be used for the pUrPoses set forth below and shall satisfy the Collier County Comprehensive Plan's park site dedication requirements for this project. An additional 31 acres shall be used for CU by Collier County for the expansion of the Collier County Fair Grounds. PERMITFED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: · Parks and playgrounds · Bicycle, hiking and nature trails · Recreational shelters and restrooms · Recreational fields, sports facilities and courts · Community centers · Restaurant or snack bar in conjunction with recreational activities · Water management facilities and essential services · Collier County Fair Grounds · State of Florida Forestry Department facilities · Fire State Site · Other governmental facilities · Park and fide facilities · Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals CBZA"). DEVELOPMENT STANDARDS Ao B. C. D. E. F. Minimum site area: None Minimum setback from tract boundaries: 50' Minimum setback from road fight-of-way: 25' Maximum height of structures: 25' (except fire observation tower) Minimum distance between buildings: IA the sum of their heights Minimum standards for parking, lighting, signs, and landscaping shall conform to applicable Collier County regulations in effect at the time permits are sought. Agenda Item No. 17A April 13th, 2004 Page 77 of 96 22 8.01 8.02 SECTION 'SP' SCHOOL/PARK PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on the Master Plan, Thomas Lucido & Associates Ref. No. 9020, 'SP' School/Park. The SP site includes 25 acres reserved for use as a school site and associated park facilities. This site shall be dedicated to the Collier county Public School District at the convenience to the developer, or when requested by the School District, whichever occurs first. The site shall be provided with potable water and sanitary sewer service in conformance with this document and all applicable standards and requirements. An additional 11 acres is reserved for use as a community recreational park as shown on the Master Plan. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: 1) 2) 3) 4) 5) 6) 7) Elementary or middle school and facilities Parks and playgrounds Bicycle, hiking and nature trails Recreational shelters and restrooms Recreational fields, sports facilities and courts Water management facilities and essential services Any other use which' is comparable in nature with the foregoing list of permitted principal uses as determined by the Board of Zoning Appeals ("BZA"). 8.03 DEVELOPMENT STANDARDS 1) 2) 3) 4) 5) Minimum Site Area: As approved under Section 2.04 Minimum Site Width: As approved under Section 2.04 Minimum Yard Requirements: 30' fi.om all 'SP' tract boundaries for principal structures 20' from lake banks Maximum Height: 25' Minimum Floor Area of Principal Structures: One thousand (1000) square feet per building on the first habitable floor. Agenda Item No. 17A April 13th, 2004 Page 78 of 96 23 6) 7) g) Distance Between Principal Structures: % the sum of the building heights or 30', whichever is greater. Minimum standards for signs, parking, lighting, and landscaping shall be in conformance with applicable Collier County regulations in effect at the time 'permits are sought. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. Prior to development, a development plan for the tract shall be approved in accordance with Section 2.04. Agenda Item No. 17A Apdl 13th, 2004 Page 79 of 96 SECTION IX GENERAL DEVELOPMENT COMMITMENTS 9.01 9.02 PURPOSE The purpose of this Section is to set forth the general development commitments for the project. DEVELOPMENT COMMITMENTS A. ENERGY 1) Construction shall comply with applicable local and state energy codes. 2)' Reasonable "good faith" efforts to utilize state-of-the-art energy conserVation techniques shall be made with practically and economically feasible. Such techniques may include, but shall not be limited to the following: Provision of bicycle racks and/or storage facilities in office and commercial areas and in multi-family residential areas. Cooperation in the locating of bus stops, shelters and other passenger and system accommodations when a transit system is developed to serve the project area. Use of energy-efficient features in window design (e.g., shading and tinting). · d. Use of operable windows and ceiling fans. e. Installation of energy-efficient appliances and equipment. f. Reduced coverage by asphalt, concrete, rock and similar substances in streets, parking lots and other areas to reduce local air temperatures and reflected light and heat. go Installation of energy-efficient lighting for streets, parking areas, recreation areas and other interior and exterior public areas. Selection of native plants, trees and other vegetation and landscape design features that reduce requirements for water, fertilizer, maintenance and other needs. Agenda Item No. 17A April 13th, 2004 Page 80 of 96 Planting or retention of native shade trees to provide reasonable shade for all recreation areas, streets and parking areas. Placement of trees to provide needed shade in the warmer months while not overly reducing the benefits of sunlight in the cooler months. k. Planting or retention of native shade trees for each residential unit. Orientation of structures, as possible, to reduce solar heat gain by walls and to utilize natural cooling effects of the wind. Provision for structural shading (e.g., trellises, awnings and roof overhangs) wherever practical when natural shading cannot be used effectively. n. Inclusion of porch/patio areas in residential units. 3) Deed restrictions and other mechanisms shall not prohibit or prevent the use of alternative energy devices such as solar collectors (except when necessary to protect the public health, safety and welfare). AIR QUALITY 1) The developer shah comply with applicable codes and apply for required permits relative to air quality, where such permits are required. TRANSPORTATION 1) Road impact fees shall be paid in accordance with Collier County Ordinance 01-13, as mended, and Division 3.15 of the Land Development Code, as amended. 3) The developer shall provide separate left and right turn lanes on Immokalee Road as the project's access if deemed necessary by the County Engineer, and shall make a fair share contribution toward the capital cost of a traffic signal at the intersection of CR 846 and CR 858 when deemed warranted by the County Engineer: The signal shall be owned, operated and maintained by Collier County. The developer shall bear the entire cost of all traffic signals. Which may become needed at intersections within the project. Agenda Item No. 17A April 13th, 2004 Page 81 of 96 26 Do WATER MANAGEMENT 1) A master/conceptual water management system design shall be submitted to and approved by the Water Management Advisory Board prior to the submittal of construction plans to the County Engineer. 2) Detailed water management construction plans shall be submitted for approval to the County Engineering Department prior to commencement of construction. 3) Surface Water Management Permits shall be obtained from the South Florida Water Management District prior to the commencement of development. 4) The water management for the Orangetree project shall implement water quality "best management practices" to the extent possible. 5) An Excavation Permit will be required for the proposed lakes in accordance with Collier County Ordinance No. 80-26, as amended by Ordinance No. 83-3, and as may be amended in the future. 6) Reservoirs/lakes wholly located in agriculturally designated land may vary from typical construction specifications of County Ordinance No. 88-26 as approved by the Board of County Commissioners through the excavation permit process. If the use of the land surrounding the agricultural reservoirs/lakes is ever changed to a use other than agriculture, all areas of the reservoirs/lakes will be required to meet standards specified in the County Excavation Ordinance in effect at that time. WATER AND SEWER 1) Water Facilities - Developer shall provide an on-site potable water source and shall construct an on-site potable water treatment plant and distribution system. The system shall be designed and constructed, by phases if desired, to serve all developed portions (agricultural areas excluded) of the project; including flows adequate to provide f'u'e protection. All components shall be designed and constructed in accordance with applicable Collier County and State of Florida' requirements. 2) Sewer Facilities Developer shall construct an on-site sewage treatment plant and sewage collection and transmission system to serve all developed portions. Treatment plant shall provide treatment levels, Agenda Item No. 17A April 13th, 2004 Page 82 of 96 3) pursuant to Chapter 17-6.040(q), Florida Administrative Code, required to allow use of treated effluent in the proposed on-site drip irrigation system. All components shall be designed and constructed in accordance with applicable Collier County and State of Florida requirements. During the time that the Developer operates the sewage treatment plant, data required pursuant to County Ordinance No. 80-112 showing the availability of sewage service will be submitted for approval by the Utilities Division prior to approval of the conslxuction documents for the project and for all building permits required. Copies of the approved DER permits for the sewage collection and transmission systems and the on-site wastewater treatment facility shall be submitted upon receipt to the Utilities Division. Plans Approval- All construction plans and technical specifications and proposed plans, if applicable, for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the Utilities Division prior to commencement of construction. Detailed hydraulic design repons covering the complete water and sewer systems to serve the project will be submitted with the construction documents for the project. These reports shall list all design assumptions, demand rates and other factors pertinent to the systems under consideration. Prior to approval of construction documents by the Utilities Division, the Developer will present verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the Developer to provide sewer and/or water service to the project until the County can provide these services through its water and sewer facilities. Upon completion of construction the water and sewer facilities will be tested to insure they meet Collier County's minimum requirements, a comprehensive inspection of the facilities made by the Utilities Division and record drawings of the facilities filed with the Utilities Division. Any utility entity established to serve or serving the project shall also be bound by these General Development Obligations concerning the provision of water and sewer related utilities to the project. Facilities Ownership and Conveyance - It is understood by Developer that Collier County may, at some future time, desire to serve the project water and sewer services. To that end, Developer freely and voluntarily agrees to convey at no cost all water and sewer treatment plants and Agenda Item No. 17A Apdl 13th, 2004 Page 83 of 96 28 5) 6) distribution/collection and transmission system components to Collier County. Notwithstanding anything herein to the contrary, the County in turn will agree not to make formal request to serve the project with water or sewer related services until on or after January 1, 2001. In that regard, Developer and any interim utility established to serve the Project shall enter into a specific agreement with and acceptable to County which outlines the procedures, covenants, obligations and responsibilities arising from these General Development Obligations conceming the provision of water and sewer related utilities to the project. Once the water/sewer systems have been conveyed to Collier County, any required expansions to the on-site water treatment plant or sewage treatment plant shall be the responsibility of Collier County and shall be accomplished as required to meet project demand, at the expense of Collier County. All required expansions of the water distribution/sewage collection systems shall be the responsibility of the Developer, and shall be designed and constructed to Collier County and State of Florida requirements. On completion of construction, the facilities will be tested to insure they meet Collier County's minimum requirements, at which time they will be conveyed or transferred to the County, when required by the Utilities Division, pursuant to appropriate County Ordinances and Regulations in effect at the time of conveyance or transfer is requested, prior to being placed into service. Rights-of-way/Easements - All components of the water and sewer systems that may be conveyed to Collier County including treatment plants, shall be constructed within public rights-of-way or on lands owned or controlled by Developer for which Developer can provide, utility easements to Collier County. All water and sewer facilities constructed on private property and not required by the County to be located within utility easements shall be perpetually owned, operated and maintained by the Developer, his assigns or successors. At the time of system conveyance Developer shall provide all required easements. At such time as Collier County discontinues operation of the on-site water or sewer plants, the plant site shall be conveyed back to the developer by applicable statutory deed and site utility easements shall be vacated, except that an easement shall be reserved for any connecting facilities required, pursuant to paragraph 6). Connection to county Water and/or Sewer Facilities - All construction plans and technical specifications related to connections to the County's off-site water and/or sewer facilities will be submitted to the Utilities Division for review and approval prior to commencement of construction. Agenda Item No. 17A April 13th, 2004 Page 84 of 96 29 7) 8) Upon connection to the County's off-site water facilities, and/or sewer facilities, the Developer, his assigns or successors shall abandon, dismantle and remove from the site the interim water and/or sewage treatment facility and discontinue use of the water supply source, if applicable, in a manner consistent with State of Florida standards. All work related with this activity shall be performed at no cost to the County. Connection to the County's off-site water and/or sewer facilities will be made by the Developer, their assigns or successors at no cost to the County within 120 days after such facilities become available at the project site. The cost of connection shall include, but not be limited to, all engineering design and preparation of construction documents, permitting, modification or refitting of sewage pumping facilities, interconnection with County off-site facilities, water and/or sewer lines necessary to make the connection(s). Customers - All customers connecting to the water distribution and sewage collection facilities will be customers of the developer or the interim utility established to serve the project until Collier County makes formal request for dedication of the water and sewer systems. At that time, the customers served on an interim basis by the utility system constructed by the Developer shall become customers of the County. Prior to connection of the project to the County's off-site water and/or sewer facilities, or the County assuming operation and maintenance responsibility for the water and/or sewer systems the Developer, and/or his assigns, or successors shall turn over to the County a complete list of the customers served by the interim utilities system and shall not compete with the County for the service of those customers. The Developer shall also provide the County with a detailed inventory of the facilities served within the project and the entity which will be responsible for the water and/or sewer service billing for the project. System Development Charges - During that period of time that the water and sewer utility system is owned, operated and maintained by Developer, Developer may charge a system development charge to each connecting customer in an amount as approved and allowed by the Florida Public Service Commission (PSC). Developer agrees to pay all applicable system development charges or impact fees at the time that building permits are required, pursuant to County ordinances and regulations then in effect. As well, Developer acknowledges that upon connection of the interim facility to the off-site Agenda Item No. 17A April 13th, 2004 Page 85 of 96 30 treatment and transmission facilities operated and maintained by the County that all owners of existing properties characterized as new users and subject to the imposition of either a water or sewer impact fee will be required to pay system development charges or impact fees for such new use. On the other hand, buildings, structures, or improvements, either existing or which have been issued a building permit for which construction is proceeding in good faith, shall not be required to pay a water or sewer impact fee, whichever the case, if at the time the County formally and of its own volition resolves to provide the ProjeCt with water or sewer related services, the Board of Commissioners~ in good faith, expressly deClares its intention to operate the water or sewer utility treatment facilities as a part of its regional system, or as a stand alone system without an intention to immediately dismantle and disconneCt from the existing on-site treatment facilities. Notwithstanding the provisions of this subparagraph 8 a subsequent ordinance .of general application, effective at the time of connection of the interim facility to the off-site treatment and transmission facilities operated and maintained by the County which has contrary or differing provisions relative to the imposition of water and/or sewer system development charges or impact fees, shall be construed as superseding the applicable provisions of this subparagraph 8. 9) Developer shall be allowed up to ten (10) temporary private wells and individual sewage disposal systems as areas are developed prior to construction or expansion of the central systems. All such temporary facilities shall comply with applicable state and county regulations and shall acquire required permits. ENVIRONMENTAL 1) A site clearing plan shall be submitted to the Environmental Services Department Staff for its review and approval prior to any substantial work on the site. This plan may be submitted in phases to coincide with' the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. 2) Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Environmental Services Department Staff for its review and approval. This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be Agenda Item No. 17A April 13th, 2004 Page 86 of 96 31 Ho 3) 4) the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development, a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and approved by the Environmental Services Department Staff. If, during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the Environmental Services Department Staff notified. Development will be suspended for a sufficient length of time to enable the Environmental Services Department Staff or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. Environmental Services Department Staff will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. EDUCATION 1) The project shall fully mitigate its fiscal impacts by donating a 25 acre parcel to the Collier County Public School District to be utilized as a school site. 2) Future development of the educational facilities within this PUD Zoning District shall be subject to the Interlocal Agreement between the Board of County Commissioners of Collier County, Florida and the Collier County School Board to establish educational plant and ancillary plant site development review processes. FIRE PROTECTION 1) The developer commits to providing a central water system to all residential and commercial facilities which is caPable of providing fn'e flow capacities as required by Collier County. 2) Building heights shall be limited to twenty-five (25) feet for all habitable structures in accordance with Corkscrew Fire District's equipment capabilities. Agenda Item No. 17A April 13th, 2004 Page 87 of 96 32 9.03 I. FISCAL The developer has agreed to dedicate a school site to the School Board, and to donate fifty-five (55) acres to the County for public use purposes, including the Collier County Fairgrounds. The Developer has also donated $25,000 to the Corkscrew Fire District for equipment on August 3, 1987. These donations shall mitigate the project's fiscal impacts. DEVELOPMENT PLAN Ao The Master Plan, Thomas Lucido & Associates Ref. No. 9020, is an illustrative preliminary development plan. The design criteria and layout illustrated in the Master Plan shall be understood as flexible so that the final design may best satisfy the project and comply with all applicable requirements. Minor design changes shall be permitted subject to County staff administrative approval. Amendments of this PUD Document, or of the Master Land Use Plan, shall be accomplished according to the procedures set forth by Collier County for amendments to a planned unit development. Agenda Item No. 17A April 13th, 2004 Page 88 of 96 33 / I ~3NJ. O ,f.)NINOZ :NOIStA3~ lS¥"l :lS/l~l u. E~ AERIAL VIEW OF SCHOOL SITE EXHIBIT "D' Agenda Item No. April 13th, 2004 Page 92 of 96 17A i d~ ZO~r.o PIEDZ-2003-AR-3584 PROJECT #19990243 DATE: 1/9/O3 DON SCHNEIDER PETITION NAME: LcWi, 's and Clark High Schgol (Oranl;;Ctr~ PUD) DATE: October 21, 2002 APPLICATIOH FOR puBLIc HEARING FOR COMMUNITY DEVELOPMENT DIVISION CURRENT PLANNING SERVICES Nan,: of Applicant (s) Collier County Publi~ Schools and Collier County Planning SerVices Departmem Applicant's Mailing Address 5775 Osceola Trail City Naple~ State Florida Zip__34109 Applicant's E-Mail Addr~s: tayloram~collier.kl2.fl.us Applicant's T¢lcphon~ Numar: R~s: __n/a Bus: _(239) 254-4395 Fax: {239) 254-4390 Is th,.' applicant the owner of the subject property? [] Yes [-] No [-] (a) If applicant is a land trust, so indicate and name beneficim~s below. [-] (b) If applicant is a corporation other than a public corporatio'~ so indicate and name officers and major stockholders below. [] (c) If applicanl is a pannership, limited pannership or other t usincss entity, so indicate and name principals below. ~] (d) Ifapplicam is an owner, indicaie exach'y as recorded, and list all other owners, if any. [] (e) If applicani if a lessee, attach copy of lease, and indicate a :mai owners if not indicated on the lease. E] (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) n~me and address below. This is a text amendment only {please see atlached cover letter (If space is inadequate, a~nach on separate page.) 2. Name of Agent n/a Finn Agents Mailing Address City State Agent's iF-Mail Address: Telephone Numbers: Res.: Bus.__ Fax#: Agencta Item No. 17A April 13th, 2004 Page 94 of 96 Zip_ 3o PUD ORDINANCE NAME AND NUMBER: ~ PUD, 9143 DL='I AH.~D LEGAL DESCRIPTION' OF THE PROPERTY COVERED BY THE APPLICATION (If spao~ is inadequate, attach on separate page. If request involves change to tm)re than one zxming district, incltde selmmtc legal description for property involved in each district. If prope~y is odd-shaped, submit- five (5) copies of the storey (1" to 4O0' scale). Not o@plicable: This is a texa amendment onlv~ The affected lnnd use dcsi~,_n~, tion within the Oran~etrce PUD i~ Agricul!xtre. The proposed amendment adds "Educational Fncilite~" to thc list of t~mitted uses lo the"Ag;ricultmc' desilmation, THE: APPLICANT IS RESPONSIBLE FOR SUPPLYING TI-IE CORRECF LEGAL DESCRIPTION. IF QUF. STIONS ARISE CONCERNING ~ LEGAL DESCRIPTION, AN ENGINEER'S CEF. T[FIC^TION SHALL BE REQUIRED. SECTION_ 13,1_4 TOWNSI:IlI~ 4~ RANGE 27 5. Add tess or location of subject property This is a text .amendment only .fl. uM effects the Lewis and Clark Hi~t School located at 1655 County Road 8.58. Naples. FL , , Doe~ property owner own contiguous property to the subject property? frs0, give complete legal description of entire configaous prolg~. (frs-pace is inadequate, attach on separate page). N/A 7. TYPE OF AMENDMENT: [] A. PUD Document Language Amendment [] B. PUD Mastcr Plan Amendment [] C. Development Ord~ Langu~g~ Amendment DOLES AMENDMENT COMPLY WITH THE COMPREBENSIVE PLA?I: t 10. [] Yes r-] No If no, cxplaim HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN' THE LAST 3'EAR? IF SO, IN '~rHOSE NAME? .No Public Hearing has been held on this propcrty beforc the Collicr County Board of Coun~ Commissioners.within the last year. Two Public Hearings were held before thc Collier Co~mty School Board. T~e first was beld on May 3, 2001 to approve the l,m'clmsc of thc 135.72-acre site for a futmc high school. The second public hearing before the School Bo~nt was held on J:muary 20~2 to hi. rove construction and an opening date of August 2004 for the Lewis and Clark I-Ugh Schwa! to be located on this site (Collier County Public Schools - Five-Year Facilities Work Program) PETITION ~. CCSB - Agenda Item 9(e)~ DATE: ~.00:2 HAS ANY PORTION OF THE PUD BEEN [] SOLD ami/or [] DEVELOPED7 CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPE3? I-t Yes I-I~o IF YES, DESCRIBE (ATTACH ADDmONAL Sl-mmTS ~F NECESSAF Agenda Item No. 17A April 13th, 2004 Page 95 of 96 1_/.3/_00. ~JON tO:_.' Fo%._X 863 6?$ 1=/=0/200: 15:0"t :F'~"r =~92544a00 4~70 BRY.~'~-PAUL CITRUS COLLIERCO. FAC ILITY GOI~L IER C0 I~002/002 ~l~002 5'I~-NATT/KE OF O%VZ~'K SIGNA~ OF OWNHK _ B~an W. Paul SZGNATURE OP AG]~--NT County of Hendry Day of December ,2~ Bryan...W. Paul Nancy W. N~Y ~3D~O ~4~m 3/20O2 Agenda Item No. 17A April 13th, 2004 Page 96 of 96 EXECUTIVE SUMMARY PETITION: SE-03-AR-3766, AN ORDINANCE AMENDING ORDINANCE 02-43, THE BALMORAL PUD TO CORRECT A SCRIVENER'S ERROR IN SECTION 1.2 - LEGAL DESCRIFYION OF THE ORDINANCE TO THE BALMORAL PUD FOR PROPERTY THAT IS LOCATED ON THE EAST SIDE OF LIVINGSTON ROAD (C.R. 881) AND THE WEST SIDE OF WHIPPOORWILL LANE, IN SECTION 8, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER CO(INYY, FLORIDA. OBJECTIVE: To have the Board of County Commissioners (BCC) correct a scrivener's error within Section 1~2 of Ordinance 02-43 (the Balmoral PUD) to correct certain typographical errors in the Legal Description that is consistent with the Collier County Growth Management Plan and the Land Development Code. CONSIDERATIONS: The Board of County Commissioners (BCC) on July 30, 2002 approved Ordinance 02-43. This action provided for the rezoning of the subject 59.2-acre site from "A" Agricultural to "PUD" Planned Unit Development for the purposes of permitting a maximum of 296 residential dwelling units. Planning Services Staff subsequently discovered that the Legal Description referenced an incomplete legal description and contained an incorrect O.R. Page Number in the final draft that was submitted by the applicant. The revised legal is consistent with the Board's approval. The Collier County Attorney's office has directed staff to prepare a scrivener' s error amendment. FISCAL IMPACT: It should be noted that this scrivener~ s error is to reflect the correct legal description for a PUD that was approved by the Board of County Commissioners. Therefore, this change by and of itself will have no fiscal impact on the County. The fiscal impact for this development was determined at the time the property was originally rezoned to PUD. In addition, the County collects impact fees prior to the issuance of building permits to help offset the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: SE-03-AR-3766, Balmoral PUD Agenda Item No. 17B April 13th, 2004 Page 1 of 4 This petition was reviewed for consistency and was found to be consistent with all the applicable provisions of the GMP. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.1 and 3.15 of the Collier County Land Development Code. PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners (BCC) approve the scrivener's error correction to Ordinance Number 02-43. PREPARED BY: RAYMOND BELLOWS, CHIEF PLANNER DATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW REVIEWED BY: SUSAN MURRAY, AICP, DIRECTOR DATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE SE4~3~ AR-3766, Balmoral PUD 2 Agenda Item No. 17B April 13th, 2004 Page 2 of 4 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17B SE-03-AR-3766, the Balmoral PUD (This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members) SE-03-AR-3766, an Ordinance amending Ordinance 02-43, the Balmoral PUD to correct a scrivener's error in Section 1.2 - Legal Description of the Ordinance to the Balmoral PUD for property that is located on the east side of Livingston Road (C.R. 881) and the west side of Whippoorwill Lane, in Section 8, Township 49 south, Range 26 east, Collier County, Florida. 4/13/2004 9:00:00 AM Prepared By Ray Bellows Community Development & Environmental Services Chief Planner Zoning & Land Development Review Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & · Environmental Services Adminstrator Community Development & Environmental Services Admin. Date 3/25/2004 12:54 PM Approved By Susan Murray, AICP Community Development & Environmental Services Zoning & Land Development Director Zoning & Land Development Review Date 3126/2004 11:12 AM Approved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 312612004 8:44 AM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 4/4/2004 11:40 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/5/2004 11:51 AM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/5/2004 6:52 PM Agenda Item No. 17B Apdl 13th, 2004 Page 3 of 4 ORDINANCE NO. 04-~ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, BY PROVIDING FOR SCRIVENERS ERROR AMENDMENTS TO CORRECT ORDINANCE 02-43, THE BALMORAL PLANNED UNIT DEYELOPMENT (PUD); AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Collier County Board of County Commissioners adopted Ordinance No. 02-43 for the Balmoral Planned Unit Development (PUD) on July 30, 2002; and WHEREAS, following sai:l action in adopting said Ordinance, No. 02-43, an incorrect legal description was provided and that this constitutes a serivener's error. NOW, THEREFORE BE IT ORDAINED, by the Board of County Commissioners of Collier County, Florida that the scrivener's error be corrected as follows: SECTION ONE: SCRIVENER'S ERROR AMENDMENT TO SECTION 1.2, LEGAL DESCRIPTION Section 1.2, Legal Description, of the Balmoral PUD, Ordinance Number 02-4:1, is hereby amended to correct a scrivener's error by amending said Section to read as follows: LEGAL DESCRIPTION ~l-l~e subject property being: ~[he following described [ roperty in Collier County, Florida: As recorded in O.R. Book 1681, Page_4 ~ < ---"-'~ r~v.,,.n ~^" ~,°~ ~n~.~,~ !~$3, of the Public Records of Collier County; and the south half of the southwest ¼ of the southwest ¼ of Section 18, Township 49 South, Range 26 East; and the south ½ of the southeast ¼ of the southwest ¼ of Section 18, Township 49 South, Range 26 East. Subjec! parcel contains 58.95 acres, more or less. SECTION TWO: EFFECTIVE [}ATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ___ day of ,2004. ATFEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency: MARJOIOE M. STUDENT Assistm~t County Attorney Cdadmin/SCRIVENER'S ERROR ORDINANC HAR-3766/RB/Io BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, CHARIMAN Words thrct~3h are deleted; words underlined are added. Agenda Item No. 17B April 13th, 2004 Page 4 of 4 Executive Summary Adopt a Resolution authorizing a change in format to Water and Wastewater Schedule Two of Appendix A, Ordinance 2001-13 in order to provide clarity and consistency in the assessment of residential water and wastewater impact fees; authorizing the inclusion of the Equivalent Residential Connection (ERC) value range for a one and a half inch (1.5") water meter in order to correct a scrivener's error; authorizing the repeal of Resolution No. 2003-93 and Resolution No. 2003- 300. OB$ECTIVE: Adopt a resolution authorizing a change in format to Water and Wastewater Schedule Two of Appendix A, Ordinance 2001-13 in order to provide clarity and consistency in the assessment of residential water and wastewater impact fees; authorizing the inclusion of the ERC value range for a one and a half inch (1.5") water meter in order to correct a scrivener's error; authorizing the repeal of Resolution No. 2003-93 and Resolution No. 2003-300. CONSIDERATIONS: The previous Water and Wastewater Impact Fee Schedule was adopted by the Board of County Commissioners February 25, 2003 (Agenda Item SA, Resolution No. 2003-93) and became effective April 1, 2003. The current Water and Wastewater Impact Fee Schedule was adopted by thc Board of County Commissioners September 9, 2003 (Agenda Item 17I, Resolution No. 2003-300) and became effective September 10, 2003. All water and wastewater impact fee assessments are calculated based on ERCs. Therefore, no change to the water or wastewatcr impact fees or the basis of these fee calculations is necessary. In Collier County, an ERC is equal to 350 gallons per day (GPD) for water and 250 gallons per day (GPD) for wastewater. In accordance with the definitions in Section 74-108 of Ordinance 2001-13, water and wastewater impact fees are assessed differently for individually metered units than for master metered units. The difference in fee assessment assumes a difference in water demand between individually metered and master metered units. This is primarily due to landscaping volume differences. Individually metered units typically have landscaping surrounding the unit, while master metered units are typically attached and have a lesser per unit irrigation demand. Staff noted that the current Water and Wastewater Impact Fee Schedule Two of Appendix A, Ordinance 2001-13 is unclear regarding the difference in residential impact fee assessment. Multi-family, mobile home and travel trailerfRV (TYRV) units are not always master metered and single family units are not always individually metered. Therefore, this resolution authorizes a change in format to Water and Wastewater Schedule Two of Appendix A, Ordinance 2001-13 in order to provide clarity and consistency in the assessment of residential water and wastewater impact fees for individually metered units and master metered units. The new resolution will include the ERC value range for the one and a half inch (1.5") water meter that was erroneously omitted due to scrivener's error within Resolution No. 2003-300. FISCAL IMPACT: There is no Fiscal Impact associated with this Executive Summary. Agenda Item No. 17C April 13th, 2004 Page 1 of 7 GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. RECOMMENDATION: The Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water and Sewer District, adopt a resolution authorizing a change in format to Water and Wastewater Schedule Two of Appendix A, Ordinance 2001-13 in order to provide clarity and consistency in the assessment of residential water and wastewater impact fees; authorizing the inclusion of the ERC value range for a one and a half inch (1.5") water meter in order to correct a scrivener's error; authorizing the repeal of Resolution No. 2003-93 and Resolution No. 2003-300. Submitted By: Date: Jacquelyn R. Johnson, Engineering Technician Public Utilities Operations Reviewed By: Date: Joseph Bellone, Supervisor Public Utilities Operations Reviewed By: Date: Tom Wides, Director Public Utilities Operations Approved By: James W. DeLony, P.E., Administrator Public Utilities Division Date: Agenda Item No. 17C April 13th, 2004 Page 2 of 7 Item Number Item Title Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17C Impact Fee Resolution - Public Utilities Ops Adopt a Resolution authorizing a change in format to Water and Wastewater Schedule Two of Appendix A, Ordinance 2001-13 in order to provide clarity and consistency in the assessment of residential water and wastewater impact fees; authorizing the inclusion of the Equivalent Residential Connection (ERC) value range for a one and a half inch (1.5") water meter in order to correct a scdvener's error; authorizing the repeal of Resolution No. 2003-93 and Resolution No. 2003-300. 4/13/2004 9:00:00 AM Prepared By Jacquelyn R. Johnson Public Utilities Engineering Technician Public Utilities Operations Approved By Joseph Bellone Public Utilities Operations Supervisor Public Utilities Operations Date 3/3112004 1:44 PM Approved By Thomas Wides Public Utilities Operations Director Public Utilities Operations Date 3/3112004 2:16 PM Approved By Barbara A. Otko Public Utilities Administrative Assistant Public Utilities Operations Date 313112004 1:34 PM Approved By James W. DeLony Public Utilities Public Utilities Administrator Public Utilities Administration Date 4J112004 3:06 PM Approved By Susan Usher C.ounty Manager's Office Senior ManagementJBudget Analyst Office of Management & Budget Date 4/512004 4:13 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Date 4/512004 5:25 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 4/512004 6:56 PM Agenda Item No. 17C April 13th, 2004 Page 3 of 7 RESOLUTION NO. 2004- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RE-ESTABLISHING AND AMENDING SCHEDULE TWO OF APPENDIX A OF CHAPTER 74 OF THE COLLHgR COUNTY CODE OF LAWS AND ORDINANCES, AS AMENDED,- THE SAME BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, AUTHORIZING A CHANGE IN FORMAT TO WATER AND WASTEWATER SCHEDULE TWO OF APPENDIX A TO ORDINANCE NUMBER 2001-13 TO IMPROVE CLARITY AND CONSISTENCY IN THE ASSESSMENT OF RESIDENTIAL WATER AND WASTEWATER IMPACT FEES; ADDING THE CORRECT ERC VALUE RANGE FOR A ONE AND A HALF INCH (1.5") WATER METER, PREVIOUSLY OMITTED BY SCRIVENER'S ERROR; REPEALING RESOLUTION NO. 2003-93 AND RESOLUTION NO. 2003-300; PROVIDING AN EFFECTIVE DATE OF APRIL 14, 2004. WHEREAS, on February 25, 2003, the Board of County Commissioners adopted Resolution No. 2003-93, thereby amending Schedule Two of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances as amended, the same being the Collier County Consolidated Impact Fee Ordinance, and thereby decreasing the water impact fee rate from $2,690 per equivalent residential connection (ERC) to $2,570 per ERC (a decrease of 4.5 percent); and also increasing the sewer impact fee rate from $2,840 per ERC to $2,950 per ERC (an increase of 3.9 percent) for all customer classes; the proposed rates specified in revised Schedule Two of Appendix A; providing a delayed effective date of April 1, 2003; and WHEREAS, on September 10, 2003, the Board of County Commissioners adopted Resolution No. 2003-300, thereby amending Schedule Two of Appendix A of Chapter 74 of the Collier County Code of Law and Ordinances as amended, the same being the Collier County Consolidated Impact Fee Ordinance, and thereby also authorizing a change in methodology for the assessment of non-residential water and wastewater impact fees based on equivalent residential connections (ERC), with an effective date of September 10, 2003; and WHEREAS, water and wastewater impact fees are based on equivalent residential connections ("ERCs"). In Collier County an ERC is equal to 350 gallons per day (gpd) for water and is 250 gpd for wastewater; and' WHEREAS, this recommended change in format does not change any water or wastewater impact fee per ERC adopted by the Board of County Commissioners on September 10, 2003, and is still within the parameters for impact fee determination established by Florida case law; and WHEREAS, the ERC value range for the one and a half inch (1.5") water meter was erroneously omitted because of a scrivener's error in Resolution No. 2003-300; and WHEREAS, multi-family, duplex, mobile home and travel trailer/R.V. (TTRV) units are not always master metered and single family units are not always individually metered; and WHEREAS, the above recommended change in format does not change any size categories for units previously adopted by the Board of County Commissioners (on September 10, 2003); and WHEREAS, Appendix A, attached hereto, contains a table relating each unit with its appropriate ERC value and re-stating the current water and wastewaterimp,~e~leaaP~[~mCt f, ER~xiO.' an~7c April 'i 3th, 2004 Page 4 of 7 WHEREAS, staff recommends that the Board adopt this Resolution and the revised Schedule Two of Appendix A, attached¢ to implement this recommended change in format to provide clarity and consistency in the assessment of water and wastewater impact fees, and to correct the omission of the ERe value range for the one and a half inch (1.5") water meter, and to repeal Resolution No. 2003-93 and Resolution No. 2003-300. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners hereby declares, after advertised public hearing, that the Water and Sewer Impact Fee Schedule format set forth in the revised Schedule Two of Appendix A of Ordinance No. 2001-13, as amended, the Collier County Consolidated Impact Fee Ordinance, the same also being Schedule Two of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances, and incorporated herein as Exhibit "A" and made a part hereof, is fair and reasonable and is hereby adopted, and is to be assessed to all customers who receive or will receive benefits from increased water facilities capacity, increased sewer public facilities capacity, or from both, provided the respective increased capacity is necessitated by increased population and related growth driven development. BE IT FURTHER RESOLVED this change in format will take effect as of 8.00 A.M., April 14, 2004. This Resolution is adopted after motion; seconded and majority vote favoring adoption this day ,2004. ATYEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Donna Fiala, Chairman Approved as to form And legal sufficiency: Thomas C. Palmer, Assistant County Attorney Agenda Item No. 17C April 13th, 2004 Page 5 of 7 APPENDIX A SCHEDULE TWO: WATER & SEWER SYSTEM IMPACT FEE RATE SCHEDULE EFFECTIVE DATE: SEPTEMBER 10, 2003 RESIDENTIAL LIVING BASIS OF FEE METER ERC WATER SEWER SPACE ALLOCATION SIZE IMPACT IMPACT (Sq. Ft.) FEE FEE (Mor~ :ha. c~ c, ~ ~ ~;' Ordinance ~athrooms) DUPLEX Sq. Ft. Per Unit Ordinance MOBILE HOME Per Unit ~r SFaco DUPLE× Sq. Fl. Per Unit Ordinnnce METER SIZE WATER EP.C ! ERC - $2~570 WATER 3/4 ..... :1 I I. I to 2.5 2 2.6 to 7.9 3 g.O to 54.9 4 55.0 to !289 6 !29.0 ',o 0,57.9 8 358.0 to ~OO.O METER SIZE SEWEP, ERC RAN G E SEWER 3/4.__ <1 I 1.1 to 2.5 2 2.6 lc, 7.9 3 8.~e- 54.9 4 55.0 to !28.9 g 358~ to 600.0 $ 7.670.00 to $ 7,375.00 to $1,770,909.99 Agenda Item No. ~17C April 13th, 2004 Page 6 of 7 APPENDIX A SCHEDULE TWO - EFFECTIVE April 147 2004 WATER & SEWER SYSTEM IMPACT FEE RATE SCHEDULE RESIDENTIAL INDIVIDUALLY METERED ERC WA TER LIVING SPACE BASIS OF FEE METER SIZE c~.i,~ IMPACT FEE (SQ. FT.) ALLOCATION ~ co~ 0 TO 4,999 ] i t i (ANONOStOIVV- TII,~V4 ] PER UNIT [ 3/4" [ I $2,570 i i PER : (GPM-24)/20)+! i BASED ON ERC 5,000 OR MORE i PER ERC i ERC i (CsPMFROMAR/FdAM22) i Minimum $2570 OR ~4onr. rnA~ ~ ~4rnRooMs~ [ i ~ ~ SEWER IMPACT FEE $2,950 $2,950 LIVING SPACE ~F~ RESIDENTIAL MASTER METERED BASIS OF FEE ERC WATER METER SIZE ~,.t s~,~.~ IMPA CT FEE ALL OCA TION co.,~o.~ 1,501 TO 4,999 (AND NO MORE THAN 4 BATHROOMS) 0 TO 750 PER UNIT PER ERC 0.33 $860 751 TO 1,500 PER UNIT PER ERC 0.67 $1,7 ! 0 PER UNIT PER ERC $2,570 5,000 OR MORE 'OR MORE THAN 4 BATHROOMS) PER ERC PER ERC (GPM-24)/20)+ 1 (GPM FROM AWWA M22) BASED ON ERC MinL, waun S2570 SEWER IMPACT FEE $980 $1,970 $2,950 $2,950 NON-RESIDENTIAL WA TER METER WA TER IMPACT FEE SEWER IMPACT FEE SIZE ERC RANGE MIN MAX MIN MAX .75 0 $2,570 $2 950 I 1.1 $3,245 $ 7,3 75 1.5 2.6 $7,670 $14,750 2 5.1 3 8.0 4 55,0 6 129.0 8 358.0 2.5 { $2,827 $6,425 5.0 I $6,682 t $12,850 7.9 { $13,107 i $20,303 i 54 9 $20,560 $141,093 128.9 I $141,350 $331,273 ": 357.9 ~ $331,530 $919,803 600.0 ~ $15,045 $23,305 $23,600 $161,955 $162,250 $380,550 $380,255 $1,055,805 $920,060 $1,$42,000 $1,056,100 $I, 770,000 April 13th, 2004 Page 7 of 7