Agenda 06/08/2004 R
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
June 8, 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 RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST
BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13
DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC
PETITIONS."
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF
THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE
TIME IS ADJUSTED BY THE CHAIRMAN.
IF YOU ARE A PERSON WITH A DISABIUTY 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 FACIUTIES
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.
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1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Pastor Dale Benson, Naples First Church of the Nazarene
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. May 11, 2004 - BCC/Regular Meeting
C. May 18,2004 BCC/Airport Authority Workshop
3. SERVICE AWARDS
4. PROCLAMATIONS
A. Proclamation to designate the week of June 14-18, 2004 as Florida D.A.R.E. Officer's
Week. To be accepted by Captain Tom Davis of the Collier County Sheriff's Office.
5. PRESENTATIONS
6. PUBLIC PETITIONS
A. Public PetitiOn request by Mr. Mark Finger to discuss expansion of existing
packing plants in Immokalee.
B. Public Petition request by Mr. Dwight Nadeau to discuss impact fee refund for Summit
--- Place.
7. BOARD OF ZONING APPEALS
A. THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN IN AND EX PARTE
DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS. THIS ITEM CONTINUED
FROM THE MAY 25,2004 BCC MEETING. CU.2003.AR.4003 Apostolic Assembly of the
Faith in Christ Jesus, Inc. represented by Terrance Kepple, of Kepple Engineering,
Inc., requesting Conditional Use #1 of the liE" zoning district, to allow a "Church or
other Place of Worship" for property located at 1235 San Marcos Boulevard, in Section
31, Township 49, Range 26 East, Collier County, Florida, consisting of 4.86 acres.
8. ADVERTISED PUBLIC HEARINGS
A. Consider the Adoption of an Ordinance establishing the Wentworth Estates Community
Development District (CDD) pursuant to Section 190.055, Florida Statutes (FS).
B. Public Hearing for the 2003 Cycle 1 Growth Management Plan Amendments. (Transmittal
hearing).
C. Public Hearing for a separate portion of the 2003 Cycle 1 Growth Management Plan
Amendments. (Transmittal hearing).
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the Contractors' licensing Board.
B. Confirmation of member to the Collier County Coastal Advisory Committee.
C. Appointment of Commissioners to serve on the Value Adjustment Board and set the
date for the organizational meeting.
- D. Appointment of member to the Parks and Recreation Advisory Board.
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<- E. Appointment of member to the Collier County Airport Authority.
F. This item to be heard at 9:30 a.m. A resolution supporting the United States Law titled
"Uniting and Strengthening America By Providing Appropriate Tools Required to
Intercept and Obstruct Terrorism," commonly known as the Patriot Act. (Commissioner
Coyle)
G. Highlight and honor volunteers that serve on the 50+ advisory boards. (Commissioner
Henning)
10. COUNTY MANAGER'S REPORT
A. Consideration of request by the Shelter for Abused Women to the Board of County
Commissioners to provide an annual contract and financial assistance of $100,000 for
FY 05. (Marla Ramsey, Interim Director, Public Services Division)
B. Recommendation to authorize the development of competitive procurement
documents for a solid waste collections contract. (Jim DeLony, Administrator,
Public Utilities Division)
C. Recommendation to approve the attached Agreement For Sale And Purchase for
acquisition of the former Arthrex, Inc. building and expenses associated with its
purchase, necessary renovations, and relocation of Transportation Division offices
from leased facilities at a total cost not to exceed $6,309,000. (Norman Feder,
Administrator, Transportation Services Division)
D. Recommendation to award Professional Services Agreement for Engineering
Services related to Wellfield<Reliabllity Improvements and Expansion, RFP 04-3593,
and approve an initial Work Order under the same Agreement in the amount of
$4,999,218 encompassing Projects 70158, 70892, 70899, 71002, 71006, 71011, and
-< 75005. (Jim DeLony, Administrator, Public Utilities Division)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
A. That the Board review the proposed Straw Ballot, which ballot asks the voters of
Collier County whether they wish the Board of County Commissioners to establish a
Charter Commission to draft a proposed County Charter for Collier County, which
proposed Charter would then be voted on at a Special Election, at an estimated cost of
$500,000; instruct staff as to any modification desired; and If the Board Is so inclined,
consider and approve a Resolution ordering and calling a referendum election to be
held on November 2, 2004, relating to this Straw Ballot issue, which Resolution directs
the Supervisor of Elections to place the Straw Ballot proposition for vote at the
November 2004 General Election, and provides for appropriate notice.
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR BAYSHORE GATEWAY TRIANGLE COMMUNITY
REDEVELOPMENT AGENCY
A. BOARD OF COUNTY COMMISSIONERS ACTING AS THE COMMUNITY
REDEVELOPMENT AGENCY. To approve _ budget amendment of $5,000 for the
expenditure of monies from Fund 187-Bayshore/ Gateway Triangle for expenses
related to the Haldeman Creek National Art Festival. All funds will be reimbursed to
the Naples Art Association.
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B. BOARD OF COUNTY COMMISSIONERS ACTING AS THE COMMUNITY
REDEVELOPMENT AGENCY. To approve the increased funding In the amount of
$64,000 for the Site Improvement Grant and $48,000 for the Impact Fee Assistance
Grant Programs as recommended by the Bayshore/Gateway Triangle Local
Redevelopment Advisory Board; approve the attached budget amendment request for
the two grant programs; and authorize the County Attorney and Staff to draft any
necessary agreements, ordinance, resolution language.
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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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.
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A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1. Request to grant final approval of the roadway (public and private), drainage, water
and sewer Improvements for the final plat of "Tarpon Bay". Portions of the roadway
and drainage Improvements will be privately maintained and certain portions will be
maintained by Collier County. The water and sewer improvements will be
maintained by Collier County
2. Request to grant final approval of the roadway (private), drainage, water and sewer
improvements for the final plat of "Capistrano at Grey Oaks" the roadway and
drainage Improvemenfs will be privately maintained, the water improvements will be
maintained by the City of Napies, the sanitary sewerage collection system will be
maintained by Collier County
3. Request to grant final approval of the roadway (private), drainage, water and sewer
improvements for the final plat of "Santa Rosa at Olde Cypress" the roadway and
drainage improvements will be privately maintained, the water and sewer
improvements will be maintained by Collier County.
4. Request to accept a Construction, Maintenance and Escrow Agreement for Site
Excavation at Tuscany Cove.
5. The Board of County Commissioners acting as the Community Redevelopment
Agency. Recommendation that the Collier County Community Redevelopment
Agency (CRA) Accept the 2003 Annual Report of the CRA, Direct Staff to File the
Annual Report with the Clerk of the Circuit Court and Recommend Its Acceptance
by the Board of County Commissioners (BCC).
6. Approve a Budget Amendment recognizing the Fiscal Year 2005 U.S. Department of
Housing and Urban Development (HUD) program allocations and budgets.
7. Approve a Budget Amendment recognizing the Fiscal Year 2005 State Housing
Initiative Partnership (SHIP) Program allocation and budget.
8. Final Acceptance Of Water Utility Facilities For Berkshire Landings.
9. Collier County Board of County Commissioners' endorsement of staff's approval of
the application for the Job Creation Investment Program and the Fee Payment
Assistance Program by DLC Marine.
B. TRANSPORTATION SERVICES
1. Approve the piggybacking of the City of West Palm Beach Contract to purchase laid
-, In place Polymer Modified Cold Mix Paving System (Micro-Surfacing) for the Road
Maintenance Department amount estimated to be $175,000.00.
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2. Recommendation to approve a resolution prohibiting the operation of trucks and
other commercial vehicles having a rated load-carrying capacity In excess of one
(1) ton from through-movements on Lely Resort Boulevard at a cost of $300.
3. A Resolution of the Collier County Commissioners Authorizing the Execution of a
Pre-qualified Joint Participation Agreement (JPA) with the Florida Department of
Transportation for Marco Island Transit Service Development (Operating
Assistance) Funds in the amount of $179,257.
4. The Collier County Board of County Commissioners (BCC) authorizing the
Chairman to enter Into an Agreement with The Florida Commission for the
Transportation Disadvantaged (CTD) as required In connection with the
Transportation Disadvantaged Trip and Equipment Grant for the amount of
$531,971.
5. A resolution of the Collier County Board of County Commissioners (BCC)
endorsing the 2004 membership apportionment of the Collier County Metropolitan
Planning Organization.
6. Approve a Grant of Utility Easement from Collier County to Florida Power & Light
Company which is required for the purpose of relocating electrical service at Collier
County EMS Station No. 12 (near the Collier County Fairgrounds) as part of the
Immokalee Road four-Ianlng Project No. 60018. Fiscal impact: $15.50.
7. That the Board approve a contract for RFP 04-3585 "Provide and Install Equipment
for Real Time Kinematic (RTK) Global Positioning System (GPS) network", project
number 510031, in the total amount of $162,181.
8. Accept grant funds from South Florida Water Management District for Project
- 510031 Real Time Kinematic (RTK) Global Positioning System (GPS) Network in the
amount of $60,000.00.
9. Recommend Board's approval of Adopt-A-Road Program Agreements (9) for
Freedom Triangle, Iglesia Pentecostal Pen lei, Neapolitan Civitan Club, Jubilee
Family Chiropractic, The Boardroom Surf Shop, Soroptlmist Club of Naples,
Palmetto Ridge High School Marching Band, VIP Realty, Rich Conte, Island Walk
Homeowners Association.
10. A Resolution authorizing a speed limit decrease from forty-five miles per hour (45
MPH) to thirty-five miles per hour (35 MPH) on Northbrooke Drive from Northbrooke
Plaza Drive to 200 feet north of Mill Creek Lane for a distance of 0.2 miles. The
approximate cost is $400.00.
11. Approve Work Order No. BOC-FT-04-10 with Bonness, Inc. for Intersection
improvements In the amount of $110,326.93 on Golden Gate Parkway at Collier
Boulevard, Project No. 66065.
12. A Resolution by the Collier County Board of County Commissioners authorizing the
designation of $120,000 of Collier County's Federal Transit Administration FTA)
Section 5307 Formula Funds for the Bonita Springs Area to the Lee County Board
of County Commissioners.
13. Approve Work Order No. APC-FT -04-01 with APAC-Southeast, Inc. for median
improvements In the amount of $149,538.67 on Radio Road at the San Marcos
Boulevard Intersection, Project No. 66065.
14. Approve and authorize an Easement Agreement and Sidewalk Construction
Agreement for the Installation of a sidewalk along Tower Road from Barefoot
Williams Road to Collier Boulevard, which Is required for the purpose of
maintaining the sidewalk as a public right-of-way. Project Number 60171, Estimated
<- fiscal Impact: $219.00.
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15. Accept a Temporary Construction Easement and a Right of Entry for the purpose of
accessing a property for staging and maintenance during the construction of the
Palm Street Outfall Stormwater Project.
16. Reject bid #04-3654, livingston Road (CR 881)(Pine Ridge Road-Vanderbilt Beach
Road) median landscape Improvement construction project.
17. Approve contract Amendment No. 01-3216-A-02, (contract no, 01-3216), with Woods
Hole Group for the Haldeman Creek Restoration Project (Project No. 51011) in the
amount of $183,820.00.
18. Adopt a Resolution authorizing the acquisition of property by gift or purchase for
the purpose of assembling land to facllltate Improvements to canals and properties
In the East Naples area specifically located within the Lely Area Stormwater
Improvement Project. Fiscal Impact: $310,000.
19. Approve a Resolution approving, and authorizing the Chairman of the Board of
County Commissioners to execute, a Local Agency Program Agreement with the
Florida Department of Transportation, which Agreement implements up to $250,000
in hardware and software enhancements of the countywide Advanced Traffic
Management System by Collier County, with reimbursement by the Florida
Department of Transportation.
20. This item continued from the May 25, 2004 BCC Meeting. Award bid #04-
3651 ,Livingston Road (Radio Road to Pine Ridge Road) median landscape
Improvement construction project to Hannula Landscaping, Inc. In the amount of
$989,892.04.
21. To award bid No. 04-3659 "Ready Mix Concrete".
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C. PUBLIC UTILITIES
1. Recommendation to adopt a Resolution approving the Satisfactions of Lien for
Solid Waste residential accounts wherein the County has received payment and
said Liens are satisfied In full for the 1993 Solid Waste Collection and Disposal
Services Special Assessments. Fiscal impact Is $18.00 to record the Liens.
2. Recommendation to adopt a Resolution approving the Satisfactions of Lien for
Solid Waste residential accounts wherein the County has received payment and
said Liens are satisfied in full for the 1994 Solid Waste Collection and Disposal
Services Special Assessments. Fiscal impact Is $36.00 to record the Liens.
3. Recommendation to adopt a Resolution approving the Satisfactions of Lien for
Solid Waste residential accounts wherein the County has received payment and
said Liens are satisfied In full for the 1995 Solid Waste Collection and Disposal
Services Special Assessments. Fiscal Impact Is $58.50 to record the Liens.
4. Recommendation to adopt a Resolution approving the Satisfactions of Lien for
Solid Waste residential accounts wherein the County has received payment and
said Liens are satisfied In full for the 1996 Solid Waste Collection and Disposal
Servces Special Assessments. Fiscal Impact Is $58.50 to record the Liens.
5. Recommendation to approve and execute Satisfactions of Notice of Claim of Lien
for Sanitary Sewer System Impact Fee. Fiscal Impact Is $18.00 to record the
Satisfactions.
6. Recommendation to approve the Satisfactions of Lien documents filed against real
property for abatement of nuisance and direct the Clerk of Courts to record same In
the public records of Collier County, Florida. Fiscal Impact is $60.00 to record the
-< Liens.
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- 7. Recommendation to approve Work Order UC-009 In the amount of $355,000.00 with
Mitchell & Stark Construction Company, for the North County Regional Water
Treatment Plant Degasifler Blower Enclosures Noise Abatement Project, Contract
04-3535, Project 70063.
8. Recommendation to approve Work Order # UC- 013 in the amount of $729,000 for
Pump Station 107 Improvements to Douglas N. Higgins, Inc., under contract 04-3535
- Annual Contract For Underground Utility Contracting Services, Project 73945.
9. Recommendation to approve committee selection of firms for "Invitation to Qualify"
ITQ #04-3648 for Dredging Contractors to compete for the Collier County & City of
Naples Major Beach Renourishment Project, #90527.
10. Recommendation to approve award of bid 04-3664 In the Amount of $822,998 for
Pump Station 103 Improvements to Douglas N. Higgins Inc. Project 73945.
11. Recommendation to approve a Budget Amendment in the amount of $35,000, and a
Work Order, under Contract #01-3271, Fixed Term Professional Engineering
Services for Coastal Zone Management Projects, with Humiston & Moore Engineers
for Hideaway Beach Renourishment Plans, Specifications, Construction Cost
Estimate, and Bid Document Preparation, Project 90502, in the amount of $45,000.
12. Recommendation to approve budget amendments recognizing positive carry
forward variance In the Water Pollution Control Fund (114) in the amount of 481,700.
13. Recommendation to approve Amendment No.3 for Contract GC526 with the Florida
Department of Environmental Protection to perform petroleum storage facility
assessments and Insp.ections.
14. Recommendation to award RFQ # 04-0334 under Contract 03-3349, to Surety
<-< Construction Company for the Public Utilities Division Building H Renovations In
the amount of $199,557.
D. PUBLIC SERVICES
1. Recommendation to approve operating expenditures in an amount not to exceed
$10,000 and staff support for the coordination of activities and promotion
associated with Freedom Month.
2. Authorize purchase of park fixtures from Wausau Tile at a cost of $37,826.38 for
park projects and maintenance.
E. ADMINISTRATIVE SERViCES
1. Recommendation to award bid # 04-3630 in the amount of $330,427 "Facade
Renovations of the Collier County Courthouse" to Surety Construction Company.
2. That the Board of County Commissioners reject the bids received under Bid S04-
3620 for Sale of Surplus Aircraft Cessna 182.
3. Report and ratify shff-approved change orders and changes to work orders to
Board-approved COt"ltracts.
4. Approve Extension of Contract #99-2920 "Document Imaging and Storage System".
5. Authorize the sale of Electronic Document Management System equipment to
Image-1 In the amount of $7,000.
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F. COUNTY MANAGER
1. Recommendation to authorize staff to enter into contract negotiations with Public
Financial Management, Inc. (PFM) to serve as financial advisor to Collier County.
2. Approve two (2) Tourist Development Category "C-2" Grant Applications and two
(2) Tourism Agreements for Naples Botanical Garden and the Conservancy of SW
Florida for a total amount of $317,650 for FY 05.
3. Approve Participation Agreement with Platinum Television Group, Inc. and an
expenditure of $28,700 for Pulse on America Television segment.
4. Approve a Tourist Development Category "A" Grant Application and a Budget
Amendment for the Vanderbilt Beach Easement Access Boardwalk for Fiscal Year
2004 In the Amount of $148,500.
G. AIRPORT AUTHORITY AND/OR BAYSHORE GATEWAY TRIANGLE COMMUNITY
REDEVELOPMENT AGENCY
H. BOARD OF COUNTY COMMISSiONERS
1. Seeking reimbursement for attending the SWFTI Post-Session Legislative forum on June
2, 2004; $35.00 to be paid from Commissioner Coletta's travel budget.
I. MISCELLANEOUS CORRESPONDENCE
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1. Miscellaneous Items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1. Recommend that the Board of County Commissioners designate the Sheriff as the
Official Applicant and Program Point-of-Contact for the United States Department of
Justice, Bureau of Justice Assistance, Local Law Enforcement Block Grant
Program, accept the Grant when awarded and approve applicable budget
amendments.
2. 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. A copy of the Detailed Report Is on display
in the County Manager's Office, 2nd Floor, W. Harmon Turner Building, 3301 East
Tamiami Trail, Naples, FL.
K. COUNTY ATTORNEY
1. Board of County Commissioners Approval of the Settlement Agreement In Health
Care Relt, Inc. v. Collier County-Case No. 02-5002-CA & Collier County v. Certain
Lands Upon Which Impact Fees are Delinquent-Case No. 03-231-CA, now pending
In the Twentieth Judicial Circuit Court for Naples, Collier County, Florida.
2. Approve Agreed Order and Authorize Payment of Planning Fees for Parcel 123 In
the Lawsuit Styled Collier County v. Anthony F. Jancigar, Trustee, et. al., Case No.
00-0142-CA (P ine Ridge Road Project #60111).
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- 3. Authorize the making of an Offer of Judgment to Respondents, Rufus F. Duff and
Carolyn H. Duff, for Parcel No. 130 in the amount of $16,300 In the lawsuit styled
Collier County v. North Naples Fire Control & Rescue District, et al., Case No. 02-
1702-CA (Goodlette Road Project 60134).
4. Approve the Agreed Order Awarding Costs as to Parcel 167A in the lawsuit styled
Collier County v, Andy R. Morgan, et at, Case No. 02-5169-CA, Immokalee Road
Project 60018 (total cost of $6,512.42).
5. Approve the Stipulated Final Judgment relative to the fee simple acquisition of
Parcel 147 In the lawsuit styled Collier County v. Ziad Shahla, et al., Case No. 04-
600-CA (Vanderbilt Beach Rd. Project 63051).
6. Request by the Housing Finance Authority of Collier County for Approval of
Resolution Authorizing the Authority to Issue Multi-Family Housing Revenue Bonds
to be used to Finance a Qualifying Apartment Project.
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-03-AR-4395,
Hamilton Harbor, Inc., represented by Anita Jenkins of Wilson Miller, Inc., and George
-- Varnadoe, of Cheffy, Passldomo, Wilson and Johnson, P.A., requesting a rezone from
Planned Unit Development (PUD) to a Planned Unit Development (PUD) known as the
Hamilton Harbor PUD for the purpose of reducing the number of dry storage slips
from 450 to 325 and reducing the number of seats In the restaurant from 150 to 100 in
order to be consistent with the Inter-local Government Agreement between the City of
Naples and Collier County that was approved on May 27, 2003. Approximately 154
acres of this project are located within the City of Naples and Is zoned Planned
Development (PD) while approximately 21 acres are within Collier County and located
on the south side of Bay Street, and approximately one-half mile south of the
Thomasson Drive in Section 23, Township 50 South, Range 25 East, Collier County,
Florida.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE
COUNTY MANAGER'S OFFICE AT 774-8383.
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AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
June 8,2004
Add Item 9H: Discussion of a resolution and/or appropriate action to oppose the
newly proposed stringent Naples Bay speed zones by the Naples City Council.
The areas affected are: Dollar Bay, Naples Bay and Gordon Pass.
(Commissioners Henning and Coletta request.)
Add Item 10H Recommendation to approve change order No. 1 to Contract 04-
3622 with Hannula Landscaping, Inc, for Rattlesnake Hammock Landscape
Beautification (Project No. 65021). (Staff request.)
Withdraw Item 16B2: Recommendation to approve a resolution prohibiting the
operation of trucks and other commercial vehicles having a rated load-carrying
capacity in excess of one (1) ton from through-movements on Lely Resort
Boulevard at a cost of $300. (Staff request.)
Move Item 16B18 to 10E: Adopt a Resolution authorizing the acquisition of
property by gift or purchase for the purpose of assembling land to facilitate
improvements to canals and properties in the East Naples area specifically
located within the Lely Area Stormwater Improvement Project. (Commissioner
Coyle request.)
Move Item 1602 to 10F: Authorize purchase of park fixtures from Wausau Tile at a
cost of $37,826.38 for park projects and maintenance. (Commissioners Coletta
and Coyle request.)
Move Item 16F2 to 1 OG: Approve two (2) Tourist Development Category "C-2"
Grant Applications and two (2) Tourism Agreements for Naples Botanical Garden
and the Conservancy of SW Florida for a total amount of $317,650 for FY-05.
(Commissioners Henning and Coletta request.)
Move Item 16K1 to 12B: Board of County Commissioners approval of the
Settlement Agreement in Health Care Reit, Inc. v. Collier County Case No. 02-5002-
CA & Collier County v. Certain Lands Upon Which Impact Fees are Delinquent _
Case No. 03-231-CA, now pending in the Twentieth Judicial Circuit Court for
Naples, Collier County, Florida. (Commissioner Coletta request.)
Time Certain Items:
Item 9F to be heard at 9:30 a.m. A resolution supporting the United States Law
titled "Uniting and Strengthening America By Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism," commonly known as the Patriot
Act.
Item 1 OA to be heard at 1 :00 p.m. Consideration of request by the Shelter for
Abused Women to the Board of County Commissioners to provide an annual
contract and financial assistance of $100,000 for FY-05.
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Note: Item 1687: The last sentence of paragraph 2 under "Considerations"
should read: "This enables the user to identify his/her position horizontally and
vertically anywhere in Collier County (west of S.R. 29) (rather than "east of S.R.
29") with accuracy of +/-2 centimeters." (Staff request.)
PROCLAMATION
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WHEREAS, the Drug Abuse Resistance Education (D.A.R.E.) A"ogram was
founded in 1983 as a means of educat ing young people in
resisting pressures to experiment with drugs; and,
WHEREAS, the D.A.RE. program now is taught in all fifty states and over
50 nations worldwide; and,
WHEREAS, the D.A.RE. program is recognized by leading educational
organizations as an effective means of teaching young people the
i mpor t ance of pr oper deci si on maki ng; and,
WHEREAS, the D.A.RE. program is unique in its use of certified law
enforcement officers as curriculum instructors; and,
WHEREAS, the dedication of these law enforcement officers to the
D. A. R E. program helps to f ost er posit ive relat ionships wit h
j uveni les; and,
WHEREAS, this relationship between juveniles and law enforcement officers
has helped to prevent juvenile delinquency and terroristic acts on
school campuses, helping to provide safe schools for our children
to attend; and,
- WHEREAS, The Florida D.A.RE. Officers Association will gather in Marco
I sland, Florida for its annual training conference from June 14-
18, 2004.
NOW THEREFORE, be it proclaimed by the Board of O:lunty O:lmmissioners
of O:lllier O:lunty. Florida that the week of June 14 -18, 2004 be
designat ad as
Florida D. A. R. E. Of f ieers Week
DONE AND ORDERED THI S 8th of June, 2004
BOARD OF mUNTY OOMMI SSI ONERS
OOLL! ER OOUNTY, FLORIDA
DONNA FI ALA, CHAI RMAN
ATTEST:
OW I GH T E. BRGO<, Q..ERK
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Agenda Item No. 4A
June) 8, 2004
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-< COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number 4A
Item Summary Proclamation to designate the week of June 14-18. 2004 as Florida DARE.
Officer's Week, To be accepted by Captain Tom Davis of the Collier County
Sheriffs Office,
Meeting Date 6i8!2004 9:00:00 AM
Prepared By
Kathleen M~rtinso" Adminlstratlve AIde to BCe Date
80ard of COlirlty BCC Office 5/271200410:55:37 AM
Commissioners
Approved By
Sue filson ExecuUve Manager to the BeC Date
80ard of County BCC Office
Commissioners 5/2712004 11 :03 AM
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Approved By
James V. Mudd County Manager Date
Board of County
Commissioners County M~mager's Office 5127i2004 5:13 PM
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Agenda Item No. 4A
June 8, 2004
2 of 2
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COlliER COUNIY MANAGER'S OFFICE
3301 East Tamiami Trail . Naples,FL34112. 239-774-8383. Fax239-774-401O
May 26, 2004
Mark Finger
315 East New Market Road
Immokalee, FL 34142
Re: Public Petition Request to Discuss Expansion of Existing Packing Plants in
Immokalee
Dear Mr. Finger:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of June 8, 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.
cerely, :~A
James V. Mudd
County Manager
JVM/jb
cc: David Weigel, County Attorney
Joe Schmitt, C.D.&E.S. Administrator
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l~ Agenda Item No. 6A
June 8, 2004
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- Reauest to Speak under Public Petition
Please print
Name: Mark Finaer on behalf of Farm- OP. Inc
Address: 315 East New market Road, Immokalee. FL 34142
Phone: 239-657 -4421
Date of the Board Meetina YOU wish to speak: June 8. 2004
Please explain in detail the reason YOU are reauestinq to speak (attach additional
Daae if necessary):
I have 2 very time sensitive proiects in Immokalee that must be completed bv
the end of September 2004. The proiects are an expansion of existina packina
plants. The two proiects will add over 150 new positions. The proiects cannot
beain until this season ends (June 2004), Accordinaly, this only leaves three (3)
- months to complete the proiect.
please eXDlain in detail the action vou are asking the Commission to take (attach
additional paae if necessary):
We are askina the Committee to issue a waiver to pour the foundation for the
plant expansion before we receive final permit or Development Order.
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Agenda Item No. 6A
C:\Documents and Settings\bodlnejudi\Local Settlngs\Ternporary Internet FlIes\OLK80\Public Petition RequeJ~~ 2004
rorna.doc 2 of 2
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~ COlLIER COUNIY MANAGER'S OFFICE
3301 East Tamiami Trail. Naples, FL 34112 . 239-774-8383 . Fax 239-774-4010
May 26,2004
Dwight Nadeau
RWA Consulting, Inc.
3050 North Horseshoe Drive, Suite 270
Naples, FL 34104
Re: Public Petition Request to Discuss Impact Fee Refund for Summit Place
Dear Mr. Nadeau:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of June 8, 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.
aIY'~
, . Ja~es~~
County Manager
JVM/jb
cc: David Weigel, County Attorney
Joe Schmitt. C.D.&E.S. Administrator
~
.~ Agenda Item 68
June 8, 2004
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^-~ Request to Speak under Public Petition
Please print
Name: Dwiqht Nadeau (RWA) & Richard Yovanovich (Goodlette, Coleman &
Johnson), Aqents representinQ, Waterways Joint Venture, IV
Address: 3050 North Horseshoe Drive, Suite 270, Naples, Florida 34104
Phone: (239) 649-1509
Date of the Board Meetinq YOU wish to speak: June 8, 2004
Please explain in detail the reason YOU are requestino to speak (attach additional
paqe if necessary):
Within the current Land Development Code, a single family attached
building with more than 3 units is defined to be both a townhouse, and a
multi-family structure. When applying for a building perm it for a
townhouse/multi-family building, one building permit is issued for the
entire building unless the units will be sold fee simple. In October 2002,
thirty-three (33) building permits were issued for four, and six-unit
buildings in the Hibiscus Village PUD (Summit Place) pursuant to an
- approved SOP. Each unit within the single family attached structure was
always intended, and was specifically described to be conveyed in a fee
simple manner, including a platted lot which mandates the subdivision
process. In April 2003, subsequent to the approval of the Summit Place In
Naples Phase One (Hibiscus Village) Plat, building permits were issued for
each individual unit, with one unit retaining the original permit application
date of October 2002, and each subsequent unit was issued with the April
2003 application date. Road impact fees were changed between these time
periods. Since impact fees rates are determined by the date of the building
permit, staff assessed one unit in each building the "old" impact fees, while
the remaining units were charged the revised, higher amount. We have
discussed this item in length with County staff, including the Impact Fee
Manager, Director of Financial Administration and Housing, and the
Administrator of Community Development and Environmental Services, but
apparent procedural omissions related to this circumstance resulted in a
denial of the administrative request. Attempts to appeal to the County
Managers Office were made, but referrals back to the staff level resulted,
and direction to petition the Board of County Commissioners was.
recommended.
Attached to this petition request will be found supporting example building
permit documentation to be used by the Commissioners
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P:\200Z\02..oo50.01 Hibiscus Village Phase II ZOnJngl0001 General Consultatlon and COOrdlnatiOn\pu~~~&r l~e~O~~
Request Form Impact Fee Refund.doc una ,
20f9
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Please explain in detail the action you are a~,{inq the Commission to take (attach
additional paqe if necessary):
We are requesting the Bee to honor the original building permit date on all
applications, thereby charging the correct road impact fee, and direct to
have the overpayment of road impact fees be refunded to Waterways ,J .lint
Venture IV.
P:\2002\02-0050.01 Hibiscus Village Phase II Zoning\0001 General Consultation and Coordination\PuGhg~Gtii\ l~e~O~~
Request Fo"" Impact Fee Refund.doc une ,
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. ?lann= . ?roject Manag:n
February 27, 2004
Ms. Amy Patterson
Impact Fee Manager
Community Development & Environmental Services
2800 N. Horseshoe Drive
Naples, Florida 34104
Re: Impact Fee Refund for Summit Place
Dear ~s. Patterson:
In October 2002, thirty-three (33) building permits were issued for buildings in the Summit Place PUD,
ranging in size from 4 unit to 6 units. Each unit was to be a fee simple, single family attached structure. In
April 2003, building permits were issues for each individual unit, with one unit retaining the original permit
application date of October 2002, and each subsequent unit was issued with the April 2003 application date.
.A..s you are aware road impact fees were changed between these time periods. Enclosed you will find a
spreadsheet showing each issued building permit number with the corresponding original building pennit
number.
The clear intention for the original building permits was to construct the entire building, as evidenced through
an example of one of the 2002 building permit applications. You will note the band written modification to
that application in 2003. Therefore, since the original building permit date was honored for one unit, it should
be honored for all units contained in the building. We are respectfully requesting a refund in the amount of
$217,830.00 of District 1, road impact fees, to our client.
Per a meeting with Mr. Joe Schmitt, Administrator, Community Development, on February 27,2004, he stated
that a meeting was not necessary, and directed me to send a request to you and that he would <review the
request for actio~ according to procedures he has established with you.
Should you have any questions, please contact our office.
. ght Nadeau
Planning Manager
RWA, Inc.
Enclosure(s)
Cc: Richard Davenport, Waterways Joint Venture
Richard Y ovanovich. Goodlette, Coleman & Johnson
- File
Agenda Item 68
P:\2002\02.o0~O.Ol Hibiscus Village Phase IT Zoning\OOOl Geceral Consultation and Coordination\Request Impact Fee refunllJJ.!ne 8, 2004
3050 North Horseshoe Drive. Suite 270, Naples, Florida 34104. (239) 649-1509, fax: (239} 649.7056 . www.con~u?t!r~a.com
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COIlJER COUNlY
FINANCIAL ADMINISTRATION AND HOD
2800 N. Horseshoe Drive · Naples, Florida 34104 · (239) 403
March 31, 2003
Mr. Dwight Nadeau, Planning Manager
R W A Consulting
3050 North Horseshoe Drive, Suite 270
Naples, Florida 34104
Re: Impact Fee Refund for Summit Place
Dear Mr. Nadeau,
Thank you for your inquiry regarding the impact fee rates applicable to the Building
Permits in the Summit Place PUD.
.<\lthough we understand that your client originally applied for thirty-three (33) building
permits for single-family attached homes, in advance of the November 1, 2003 Road
Impact Fee increase, thirty-tVlO (32) of the subject building pennits were subsequently
cancelled and re-applied for in April of 2003.
It is the policy of the Impact Fee Administration office that applicable impact fee rates
are determined by the building permit application date. Therefore, impact fees for
Summit Place must be assessed based upon the April 2003 date for the above-referenced
thirty-bNo(32)penIrits.
In conclusion, staffs utilization of the rates in effect at the time of Building Permit
application (April 2003) is consistent with the policies and procedures of the Impact Fee
Administration section of Financial Administration and Housing and with the practices
outlined in the Administrative Procedures Manual for the Collier County Consolidated
Impact Fee Ordinance, 2001-13, as amended., which is incorporated by reference into
Chapter 74 of the Collier County Code of Laws and Ordinances, as amended. Therefore,
we must respectfully decline your request for the refund of the Road Impact Fees paid for
the Summit Place development.
If you have any additional questions, please feel free to contact me at 659-572l.
l~~ Agenda Item 68
c 0 .. .. c 0 .. ... t: Y June 8, 2004
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Swnrnit Place
~,,_. Impact Fees
Page 2
Sincerely,
~.:~
Impact Fee Manager
cc: Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division
Denny Baker, Director, Financial Administration and Housing
Paula Fleishman, Impact Fee Analyst
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Agenda Item 68
June 8, 2004
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. ?!ann= - Project Mam.gers
AprilS, 2004
Mr. Joseph K. Schmitt
Administrator
Community Development & Environmental Services
2800 N. Horseshoe Drive
~aples, Florida 34104
Re: Impact Fee Refund for Summit Place
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Dear Mr. Schmitt:
l On February 27, 2004, our firm sent a letter to Ms. Amy Patterson. Impact Fee Manager,
requesting a refund of District 1, road impact fees, with regard to Summit Place. Please consider
the following explanation of our position.
In October 2002, thirty-three (33) building permits were issued for four, and six-unit buildings in
the Summit Place PUD. Each unit within the single family attached structure has always been
intended to be conveyed in a fee simple manner, including a platted lot. In April 2003, building
permits were issues for each individual unit, with one unit retaining the original permit
application date of October 2002, and each subsequent unit was issued with the April 2003
application date. As you are aware road impact fees were changed between these time periods.
Enclosed you will find a spreadsheet showing each issued building permit number with the
corresponding original building permit number.
The clear intention for the original building permits was to construct the entire building, as
e"idenced through an example of one of the 2002 building permit applications. You will note
the hand written modification to that application in 2003. Therefore, since the original building
permit date was honored for one unit, it should be honored for all units contained in the building.
In a response from Ms. Patterson dated, March 31, 2003, she states that <<thirty-two< (32) of the
subject building permits were subsequently cancelled and re-applied for in April of 2003".
However, if this were the case, the original building permits would have been cancelled and new
permit numbers issued and the "new" impact fees charged for all units. As stated above, this was
not the case, one unit of each building retained the original application date. We do understand
that the impact fees were administered using the building permit application date, however, it is
our position that the original building pennit application date (October 2002) should be utilizer'
for all units within the building.
Agenda Item 68 J
June 8, 2004
P,\2002'il2-OO50Jl Hibiscus Vin:lge Phase IT Zoning\OOOl General Consul~1ion and Coordinatim\Irnpact Fee refund appeal to stl-.of 9
04.doc
1t150 North Horseshoe Drive, Suite 270, Naples. Florida 34104' (239) 649-1509, fax: (239) 649-7056 . www"~
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<~, .COMM1JNITY DEVELOP:MENT
._<
AND ENVIRONMENTAL SERVICES
Office of the Administrator
2800 N. Horseshoe Drive - Naples, Florida 34104 · 239-403-2385- FAX 239-403-2395
g ~~~::4~\TI April 19, 2004
~
Mr. Dwight Nadeau, Planning Manager
R W A Consulting
3050 North Horseshoe Drive, Suite 270
Naples, Florida 34104
Re: Imp:lct Fee Refund for Summit Place
,........ Dear J\.1r. Nadeau:
Thank you for the clarification provided through your response letter dated Apd
5, 2004 regarding the Road Impact Fees pai.d for the Summit Place project. I have
carefully reviewed all of the information relative to this issue and still must conclude that
the impact fees were accurately assessed and collected for the project.
The applicable impact fee rates that are utilized for impact fee assessments are
determined by the building permit application date. Therefore, the impact fees for
Summit Place must be assessed based upon the application dates of the thirty-three (33)
building permits in question. The building permits that retained an application date prior
to November 1, 2002 will utilize the impact fee rates prior to the November 1, 2002.
increase, while all building permits with an application. date of November 1, 2002 or
later, are subject to the new fees in effect at that time.
In conclusion, although I understand your client" s intentions with respect i.o the
construction of this project, I must respectfully decline your request for the refund cf the
Road Impact Fees paid for the Summit Place development based upon the Administrative
requirements of the Collier County Consolidated Impact Fee Ordinance, 2001-13, as
amended and its companion Administrative Procedures Manual.<
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(~~ Agenda Item 68
c c June 8, 2004
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" Summit Place
Impact Fees
Page 2
If you have any additional questions, please feel free to contact me at 403-2:::" 35.
Sincerely,
~f. K chDlltt,
Administrator .
Community Development
and Environmental Services
JKS/ssl
cc: Denny Baker, Director, Financial Administration and Housing
Amy Patterson, Impact Fee Manager
Paula Reishman, Impact Fee Analyst
Agenda Item 68
June 8, 2004
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EXECUTIVE SU:\1MARY
CU-2003-AR-4003 Apostolic Assembly of the Faith in Christ Jesus, Inc. represented by
Terrance Kepple, of Kepple Engineering, Inc., requesting Conditional Use #1 of the "E"
zoning district, to allow a "Church or other Place of Worship" for property located at 1235
San Marcos Boulevard, in Section 31, Township 49, Range 26 East, Collier County,
Florida, consisting of 4.86 acres.
OBJECTIVE:
Staff is requesting that the Board of County Commissioners consider the above-referenced
Conditional Use application and to render a decision regarding the petition consistent with all
applicable codes and regulations to ensure that the community's interests are maintained.
CONSIDERA TIONS:
The petitioner requests approval of Conditional U sc Number 1 of the Estates (E) zoning district
for a parcel located at 1235 San Marcos Boulevard in Section 31, Township 49 South, Range 26
East in Collier County, Florida, to allow the development of a church, pursuant to Land
~",-" Development Code (LDC) Section 2.2.3.3.1.
The petitioner wishes to construct an approximately 11,000 square foot church facility on an
undeveloped tract of land. In conjunction with the church, the petitioner wishes to construct a
single-family home that will be used for a caretaker. The single-family home site is a use
permitted by right, and a caretaker's residence is only addressed in the LDC within commercial
or industrial zoning districts where a residential use would not usually be allowed. As long as
the subject parcel allows the petitioner to meet the minimum requirements of the LDC for
parking, buffers. setbacks, and open space, the two uses would not be prohibited.
FISCAL IMPACT:
Approval of this rezoning petition would have no immediate fiscal impact on the County. The
County collects impact fees before the issuance of building permits to help offset the impacts of
each new development on public facilities. The impact fees that would be applicable to this
project are summarized below:
The current impact fees for an 11,000 sq. ft. Church are as follows:
Road $54,495.00
EMS 374.00
Jail 1,287.00
Govt. Bldg 2,541.00
Fire 3,300.00
(Water/Sewer To be determined)
.- TOTAL $61,997.00
Agenda Item No. 7 A
June 8, 2004
CU-2003.AR-4003 -rad039DF.lmp Page 1 of4 Page 1 of 54
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The current impact fees for a single-family residence are: (calculated for 2,000 sq. ft. living area,
no more than 4 baths)
Road $ 5.592.00
Parks L,603.00
Libraries 296.56
EMS 104.00
Schools 1,778.00
Jails 117.98
Govt. Bldg. 239.40
Water 2,570.00
Sewer 2,950.00
TOTAL $15,250.94
GROWTH MANAGEMEr-;T IMPACT:
The subject property is designated Urban (Urban ~lixed-Use District, Urban Residential Sub-
district) as identified on the Future Land Use Map (FLUM) of the Growth Management Plan
(GMP). Relevant to this petition, Urban Designation Areas allow non-residential uses, including
community facilities, such as churches. Staff concludes the proposed uses for the subject site can
..,...~.", be deemed consistent with the Future Land Use Element. However, FLUE Policy 5.4 requires
that all new developments be compatible with and complimentary to the surrounding land uses.
As explained in the staff report, staff does not believe the conditional use will be compatible with
the neighborhood. Staff therefore recommends that this petition be deemed inconsistent with
GMP Policy 5.4. Therefore, the petition is not consistent with the overall GMP. Consistency
with the overall GMP is a prerequisite for a recommendation of approval for the subject petition.
Staff therefore recommemls denial of the petition.
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
(ElS) was not required for rezoning. Environmental staff has advised the petitioner that
environmental issues will need to be addressed as part of any development approval.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
The CCPC heard this petition on April 15, 2004. A motion was made by Commissioner
Abernathy and seconded by Mr. Murray to deny this petition, based upon the conclusion that this
use would not be compatible with the surrounding neighborhood. The vote resulted in a tie vote
of 4 to 4.
- Mr. Adelstein made a motion to approve the petition with the following conditions:
Agenda Item No. 7 A
June 8, 2004
CU-2003-AR-4003 -rad039DF.tmp Page 2 of 4 Page 2 of 54
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1. The conditional use approval to allow a church and other places of worship is
limited to a maximum of 400 seats and a maximum of 11,000 square feet in two
buildings. The use is further limited to what is depicted on the site plan identified as
"Apostolic Assembly of Faith in Christ Jesus" prepared by Kepple Engineering, Inc.,
dated 2/2103. stamped Received December 29. 2003", except as further conditioned
below,
2. Approval of this conditional use permit shall not be construed as approval of the
attached conceptual site plan; the site plan shall be formally reviewed and approved as
part of the SOP process. No variances from any LDC requirement<; have been granted
as part of the acceptance of the subject site plan. If it is determined that the site plan is
not in compliance with any LDC requirement,>, the site plan must be brought into
compliance prior to the issuance of any site development plan approval.
3. All lighting fixtures, to include parking lot and security lighting must not exceed a
height of 12 feet.
The Collowing conditions were adopted as volunteered by the petitioner's agent at the
CCPC hearing
4. Outdoor services are prohibited.
5. Outdoor loud speakers are prohibited.
6. The petitioner will provide sidewalks along the entire frontage of San Marcos
Boulevard, as part of the first phase of construction
7. Day care uses are prohibited.
8. Outdoor recreation areas are prohibited.
9. The petitioner must retain all native vegetation within the area designated as
"Existing Vegetation to Remain" on the site plan.
10. The petitioner must provide a gate at the entrance.
11. This project must be constructed in full compliance with LDC Section 2.8
"Architectural Standards" as if it were subject to those regulations.
Mr. Schiffer seconded the motion. The motion was based upon the supposition that a church in
this neighborhood would be an appropriate use. That motion also resulted in a tie vote of 4 to 4.
Therefore, the Board of County Commissioners will hear this petition with no recommendation
from the CCpc.
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Agenda Item No. 7 A
June 8, 2004
CU-2003-AR-4003 -rad039DF.tmp Page3of4 Page 3 of 54
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STAFF RECOMMENDATION:
The proposed Conditional Use is inconsistent with the applicable provisions of the GMP, and the
uses allowable in this petition will not be compatible with surrounding land uses. Therefore,
Zoning & Land Development Review staff recommended Petition CU .2003.AR.4003 be
forwarded to the Board of County Commissioners with a recommendation of denial. However,
staff has included a list of conditions to which the petitioner has agreed (see CCPC discussion
above). Should the Board of County Commissioners decide to approve this petition, staff would
suggest that this list of conditions be included in that action.
"...,....
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Agenda Item No. 7 A
June 8, 2004
CU-2003-AR-4003 -rad039DF.tmp Page 4 of 4 Page 4 of 54
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COLLIER COUl\'TY
.---..
SOARD OF COUNTY COMMISSIONERS
Item Number 7,.'')"
Item Summary THiS ITEM REQUIRES TH.A.T Al.L PARTiCIPANTS BE SWORN IN .A.ND EX
P.A.RTF.. DiSCLOSURE BF.. PROViDED 8Y COMMiSSiON MEMBERS THIS
ITEr,;,: CONTINUED ;:ROM THE MAY 25,2004 see MEETING. CU-2003-,t.,R-
4003 .~postclic A'>Semb,y of the ;:aith :~ Christ Jesus. Inc. represented by
Terrance Kepple, or Kepple E:~gineenng. Inc., requesting Co!'1dit:cnal Use #1 of
the "E" zoning district, to a:;Cow a "Church or other Place of 'Worship. fCor WCoperty
ICocatad 811235 San Marcos Boulevard, i!~ Section 3.. Township .19, Range 26
E;~st. Collier C()ur~ty. Flor!,ja, cOf\;;isting of 4<86 acres.
Meeting Date 6/8/2004 9:00:00 AM
Appro\<ed By
$\,;;>>n Murmy, AICP 1.,:~:'Iing 8: l..cHHj D~.....~lopn~~r:t n=~'~ctor D"te
Comrn'Jr:ity Deveklpment & Zoning 8. Land Devillopment Review
F."~~\I~~,:~(Hn~(:ta= S~r'y"h~es ~!; 1/2004 4:09 PM
Apprond By
Sandra Lila E :<€;cutive Secretary D"te
Ccmmur;ity Development 8- Cc~mun;ty Devillopment 8-
Erovironmental Ser.-ices Erovi;onm~.ntal Servic.:;s Admin. 5f~2!2iJU4 8:44 AM
--,
A pprowd By
J<.lseph K. Schmitt C.:.~r(HlHH~it>, D~;;*k.spr:":~nt &
Env:rc:1men!J1: ~Grvic€:s A~mirH;tn3tc-r D~t<:
C!;'nmunit<y DeYfilopm~nt< & C!;;nm=..H'1H.y D~v~k)p(iHHtt &.
Er.,."qrOnr:1f:r.t.ae S~r,ir.f::~ EnV!rOnmf:r.ta! S~:\J'kf~5 ACf':"'!tr., 5112/20048:54 PM
Approved By
CCr1&t..H!~~ A. Johnsen Oper,~ti<.lns An,~:)'st O;.;(e
CC:'":"E?~unit>' De;'ve!opl'nent &. CO:'":"H?~ur;jty Dfi'vB!opr:":fH1t &.
Er:v~t~nr:"'lc-nt~i SefyiG~-:i Er:.....~ronmf:fntai SenricB:5 Adrnir:. 5f~ 3!2iJU4 :3:37 PM
Apprond By
Mark lsachcn 8udge! Analyst Date
County Maf1ag!1r's Office Office of Managem.::nt & Budget 5!HiI20U41i:50 AM
Approved By
Mienar.l Smykowski M;;nagilmr.r.t & Budg.-,t Dlrf,ctor Datf,
Couroty M.lf1,1g~rs Offic& Office of M,1r.agiln~f,r.t &. BW:lgf,t 5f~ S!20114 !l: ~ 9 AM
Approved By
,J"m"'~ V. Ml;ctd C,~tJnty f"JI1ana9~( 0>>(/'1
B,~\.~n~ of Covnty
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Agenda Item No.7 A
June 8, 2004
Page 5 of 54
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eolMl' County
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARI1\'G DATE: APRIL 15,2003
SUBJECT: PETITION CU-2003-AR-4003
PROPERTY OW1\'ER/AGE1\'T:
OWNER: Apostolic Assemblv of the Faith in Christ Jesus
h .
2780 lOt Avenue, SE
Naples, Florida 34117
AGENT: Terrance Kepple, Kepple Engineering, Inc.
3800 Exchange Avenue
Naples, FL 34104
REQUESTED ACTIO1\':
The petitioner requests approval of Conditional Use Number 1 of the Estates (E) zoning district to
allow the development of a church, pursuant to Land Development Code (LDC) Section 2.2.3.3.1.
GEOGRAPHIC LOCATI01\':
The subject parcel is located at 1235 San Marcos Boulevard in Section 31, Township 49 South,
Range 26 East in Collier County, Florida.
PURPOSE/DESCRIPTION OF PROJECT:
The petitioner wishes to construct an approximately 11,000 square foot church facility on an
undeveloped tract of land. In conjunction with the church, the petitioner wishes to construct a sing1e-
family home that will be used for a caretaker. The single-family home site is a use permitted by
right, and a caretaker's residence is only addressed in the LDC within commercial or industrial zoning
districts where a residential use would not usually be allowed. As long as the subject parcel allows
the petitioner to meet the minimum requirements of the LDC for parking, buffers, setbacks, and open
space, the two uses would not be prohibited.
Agenda Item No.7 A
June 8, 2004
elJ.2003-AR-4003 April 15, 2004 cepe Page 1 of 9 Page 6 of 54
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Agenda Item No. 7 A
June 8, 2004
eLJ-2003-AR-4003 April 15. 2004 cepe Page 2 of 9 Page 7 of 54
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SURROUl'IDING LAND USE & ZOl'lIl'IG:
North: a 2.38-acre tract occupied by a recently constructed single-family home, zoned "E"
East: a 2.38-acre tract occupied by a single-family home, zoned "E" with frontage on Saint Clair
Shores Road
South: a 2.38-acre undeveloped tract; then a tract with a single family home under construction, zoned
"E"
West: an undeveloped 4.78 acre tract owned by Diocese of Venice (Catholic Church), zoned "E"
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GRO\VTH l\1Al'IAGEMENT PLAl'I COl'lSISTENCY:
Future Land Use Element:
Comprehensive Planning Section staff has reviewed this petition and offered the following
comments:
The subject property is designated Urban (Urban Mixed-Use District, Urban
Residential Sub-district) as identified on the Future Land Use Map (FLUM) of the
Growth Management Plan (GMP). Relevant to this petition, Urban Designation Areas
allow non-residential uses, including community facilities, such as churches. Staff
concludes the proposed uses for the subject site can be deemed consistent .vith the
Future Land Use Element.
FL UE Policy 5.4 requires that all new developments be compatible .......ith and
complimentary to the surrounding land uses. [See discussion regarding this Policy on
page 6.].
Transportation Element:
Transportation Development Review Section staff provided the fol1owing~enftem!Nmil1~
June 8, 2004
CLJ-2003-AR-4003 April 15, 2004 CCPC Page 3 of 9 Page 8 of 54
-,
this petition:
GMP Policies 5.1 and 5.2 in the Transportation Element read as follows:
Policy 5.1: The County Commission (BCC) will review all rezone requests with
consideration of their impact on the overall system, and shall not approve any such
request that significantly impacts a roadway segment already operating and/or
projected to operate at an unacceptable Level of Service (LOS) within the five year
planning period. unless specific mitigating stipulations are approved. Traffic analyses
to determine significant project impact shall use the following to determine the study
area:
a. On links (roadway segments) directly accessed by the project where project traffic is
equal to or exceeds 3% of the adopted LOS standard service volume;
b. For links adjacent to links directly accessed by the project where project traffic is
equal to or exceeds 3% of the adopted LOS standard service volume;
c. For all other links the project traffic is considered to be significant up to the point
H'here it is equal to or exceeds 5% of the adopted LOS standard service volume.
Policy 5.2: Project traffic that is less than 1% of the adopted peak hour service volume
represents a de minimis impact.
A plain reading of Policy 5.1 yields this policy would apply to rezone petitions only -
.,- where one zoning district is abandoned and another zoning district is placed on a property.
However, Transportation staff has historically applied this policy to Conditional Use
petitions as well, and recommended transportation-related stipulations based upon this
policy. The rationale is that a Conditional Use is a zoning action - it is the addition of a
land use beyond that allowed by right in a zoning district. The CCPC and BCC have
endorsed staffs interpretation and application of Policy 5.1 by recommending
approvaVapproving Conditional Use petitions with staffs recommended transportation-
re lated stipulations.
It is standard procedure for staff to propose amendments to regulations to reflect
interpretations that have been made, whether by staff or the BCe. Policy 5.1 needs to be
amended to clearly read the way it is being interpreted/applied, something to this effect:
"The County Commission will review all rezone and Conditional Use requests ...". Policy
1.1.2 in the Capital Improvement Element reads similar to this Transportation Element
policy and needs to be similarly amended. These amendments will be initiated by
Comprehensive Planning staff during the next available Gill amendment cycle (in 2004).
Upon review of Conditional Use petition CU-2003-AR-4003, staff recommends denial
based on the following facts:
This petition is for a Church with a proposed building size of 12,000 square feet providing
services for approximately 400 people. The Traffic Impact Statement (TIS) for this petition
projects 439 trip ends on a Sunday and a maximum of ll4-peak hour of generator trips. All
,- traffic will be entering from the South and exiting to the South on San Marcos Blvd. It is
assumed that traffic distribution from this site onto Radio Road will exhibit an evenly split
of 50% East and 50% West. This segment of Radio Road between Li~gg~2~ ~~~~~?7A
June 8, 2004
CU-2003-AR-4003 April 15. 2004 eepe Page 4 of 9 Page 9 of 54
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Santa Barbara Blvd. currently is operating at a LOS of "B" and is projected to operate at an
acceptable LOS of "C" within the five-year planning period. The proposed site impact on
this segment is 2.8% of the Average Annual Daly Traffic. Therefore, this petition appears
to be consistent with Policy 5.1 and not applicable to Policy 5.2.
ANAL YSIS:
To understand staffs position regarding this petition, it is important to understand the zoning and
development order history of the subject tract. A Conditional Use to allow the construction of a
church was initially approved for this site on November 12, 1996. A one-year extension of that
Conditional Use was granted on October 14, 1997. Another one-year extension was granted on
November 4, 1998. [NOTE: At that time, the LDC allowed up a petition to seek a maximum of
three, one-year extensions. Since that time, the LDC has been amended to allow only one, one-year
extension. ] The petitioner submitted for development order approval on October 1, 1999, just one
month before the Conditional Use would again expire. The development order was approved on
February 1, 2001, and that approval would have been valid until February 1, 2003, however, the
Conditional Use had already expired prior to that date, thus the church has never been constructed.
The staff report prepared on September 30, 1996 for the original Conditional Use petition indicates
that the surrounding area was undeveloped "with the exception of one home" located directly east of
the subject site. The 1996 staff report's "Summary Conclusion" stated "For the most part, this area is
sparsely developed and the timing for churches under this condition is much better than later attempts
when the neighborhood is more intensely developed." Therefore, at that time, staff based approval of
the original Conditional Use, in part, upon the contention that approval was appropriate because the
area had not developed, thus any subsequent lot owners and home builders would have been aware of
the church's existence prior to their consideration to relocate to this area. The church's Conditional
Use expired in 1999. Any potential property owner after that time would not have been aware of any
plans to construct a church at this location.
Before any Conditional Use recommendation can be offered to the Board of Zoning Appeals, the
Planning Commission must make findings that: 1) approval of the Conditional Use will not adversely
affect the public interest; and 2) all specific requirements for the individual Conditional Use will be
met; and 3) satisfactory provisions have been made concerning the following matters, where
applicable:
1. Consistency with the Land Development Code and the Growth Management Plan.
The LDC requires certain uses to be reviewed as Conditional Uses recognizing that the uses listed
as allowable by Conditional Use have the potential to have negative impacts, as is identified in
the LDC Article 6 definition of Conditional Use quoted below:
Conditional Use: A use that would not be appropriate generally or without restriction
throughout a zoning district, but which if controlled as to number, area, location, or
relation to the neighborhood H:ould promote the public health, safety, ~j,'elfare, morals,
order, comfort, convenience, appearance, prosperity, or the general welfare. Such
uses may be permissible in a zoning classification or a district as a Conditional Use if
specific provision for such a Conditional Use is made in this Land Development Code.
Staff does not believe adequate stipulations can be placed upon this Co~ Uem<Na1aiAthe
June 8, 2004
eU-2003-AR-4003 April 15, 2004 cepe Page 5 of 9 Page 10 of 54
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use "appropriate" per the Conditional Use definition quoted above, because of concerns about the
"relation(ship) to the neighborhood," as discussed below.
As previously noted, this request is consistent with the Future Land Use Element of the GMP,
however the project is not consistent with GMP Policy 5.4, thus the petition is not consistent with
the overall GMP, which is the paramount requirement.
2. Ingress and egress to the property and proposed structures thereon, with particular
reference to automotive and pedestrian safety and convenience, traffic flow and control, and
access in case of fire or catastrophe.
Adequate ingress and egress to the site will be provided with the project's one access point onto
San Marcos Boulevard, however staff has concerns about "automotive and pedestrian safety and
convenience, traffic flow, and control," as discussed below, and does not believe the petition
should be approved.
The church traffic would be forced to travel through the existing neighborhood to reach the
church. Although the proposed uses will not generate an amount of traffic that would preclude
approval based upon the impact created by the number of trips on the adjoining arterial roadway
network (see transportation section analysis), Zoning staff has concerns regarding the public
safety and compatibility standpoint for the local street. Church traffic will be required to travel
approximately 3/4 mile north along San Marcos Boulevard, a local street, from Radio Road to
- reach the church.
~- San Marcos Boulevard is developed with the Sunny Acres and Southwind Mobile Home Parks
near its intersection with Radio Road. North of the two mobile home parks are the single-family
homesites. San Marcos Boulevard ends at a canal, with a gravel road interconnecting San Marcos
Boulevard with St. Clair Shores Road near the northern terminus ofboth~k~em No. 7A
June 8, 2004
eLJ..2003-AR-4003 April 15, 2004 cepe Page 6 of 9 Page 11 of 54
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Church traffic should not, and most likely would not, travel farther into the residential area to find
alternative ingress and egress to Radio Road. Therefore, there are no interconnectir1 roadways
to share the traffic, and even if there were, the adjacent roadways all serw residential uses.
Planning principles dictate that more intense traffic, i.e., church traffic, should not be directed
through a less intense neighborhood. Specifically, non-residential traffic should not travel
through residential areas. The aerial photographs show the intensity of the residential use,
especially those uses located south of the subject site through which the church traffic would need
to travel.
3. The effect the Conditional Use would have on neighboring properties in relation to noise,
glare, economic or odor effects.
Churches normally have one day that sees the most use that being whatever day is observed in
that faith as the Sabbath. However, most churches or religious facilities also have functions on
several if not most other days of the week. The activities generate noise, from the traffic, and
music, which, of course, may be more or less objectionable to some than others. The vehicles can
create glare from headlights, and the parking lot or building securi~' !ight~p.~ could cause
additional glare. The petitioner agreed at the Neighborhood Informational Meeting to limit the
parking lot lighting to a maximum of 12 feet in height.
Many of the church activities occur in the evening hours, when the parishioners are not working
and are available to participate. As such, the activities tend to have the most effect upon the
neighbors because that is when the neighbors are also at home.
Agenda Item No. 7A
June 8, 2004
elJ-2003-AR-4003 April 15, 2004 cepe Page 7 of 9 Page 12 of 54
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4. Compatibility with adjacent properties and other property in the district_
FLUE Policy 5.4 requires that all new developments be compatible with and complimentary to
the surrounding land uses. Based upon potential traffic, noise, and glare concerns, staff does not
believe a church at this location will be compatible and complimentary to the surrounding land
uses and the petition is therefore, inconsistent with FLUE Policy 5.4, as further explained below.
The original staff report submitted for the 1996 original conditional use petition contained a
discussion regarding the potential negative impacts that a church at this site might have upon the
neighborhood, noting that there is "some potential for noise associated with the movement of
automobiles" and noted "a location nearly the arterial system would be better in this regard. At
this time, this location issue becomes crucial. No longer is the neighborhood an undeveloped
area; this church would negatively impact the neighbors. In the last year, a home has been
constructed on the lot located immediately north of the subject site, and another home is under
construction one lot south of the subject tract. In staffs opinion, the window of opportunity to
construct a church prior to the residential use development that was identified in 1996 has closed;
the church is no longer an appropriate use at this location.
The LOC only requires uses that are located in a commercial zoning district, or a commercial
component of a PUO, or non-commercial uses that front on arterial or collector roads, to comply
with architectural standards. This project is located on a local roadway and thus would not need
_.- to comply with any standards. The petitioner could construct a building that is visually out of
character with the single-family homes. This concerns staff, and could, in different
circumstances, be addressed with the conditions. However, due to other concerns that cannot be
addressed with conditions such as the church traffic traveling through the residential
neighborhood, staff does not believe it is prudent to approve the Conditional Use at all, thus a
condition to address a design issue is a moot point. However, if the Collier County Planning
Commission (CCPC) determines that it is appropriate to approve this petition, a condition should
be added to require compliance with the LOC architectural standards or require some type of
concrete block stucco fa<yade with tile roofs that would better "fit" into the neighborhood of
single-family homes.
I'\EIGHBORHOOD II'\FORMA TIOI'\ MEETII'\G:
The Neighborhood Information Meeting (NIM) was held on October 16, 2002, with approximately
13 persons in attendance in addition to staff and the applicant's team. The neighbors voiced
opposition to the proposed use at this site and no agreement was reached on any of the issues raised
such as traffic and compatibility concerns. The petitioner did agree to limit all parking lot lighting to
a maximum of 12 feet in height, and to direct the light away from the neighbors.
ST AFF RECOMMEI'\DA TION:
Staff recommends that the Collier County Planning Commission recommend denial of Petition CU-
2003-AR-4003 based upon tinds that the proposed use would be incompatible with the surrounding
.- area and thus inconsistent with the Growth Management Plan.
Agenda Item NO.7 A
June 8, 2004
CU-2003-AR-4003 April 15, 2004 CCPC Page 8 of 9 Page 13 of 54
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PREPARED BY:
,j r " :s -<;] h -[' ~'
:'\Q,..1 ;'~ /,
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~\ Y DESELEM Arcp, PUNCIPAL PLANNER DATE
ZONI~G & LAND DEVELOPMENT REVIEW
REVIEWED BY:
jL~t ~~ ~- 3-3(-OLf
RA Y BEW OW, HIEF PLANNER DATE
ZO~TN(J & LA~ DEVELOPMENT REVIEW
_kL~0 Y:k) 1/11/0 if
~:SAN ML'RRA Y, AICP< DIRECTO DATE
DEPARTMENT OF ZONING AND L NO DEVELOPMENT REVIEW
APPROVED BY:
/7
.- / / ~7'
JOS';H~~;~~)~;~RA TOR
DATE
CO 1ML~ITY DEVELOPMENT & E~V[ROKMENTAL SERVICES DIVISION
I
~
Collier County Planning CJmmission:
__Ilw/t j IJ:!IL
RL:SSELL A. BUDD, CH.\IRMAN
Tentatively scheduled for the May 25,:!004 Board of County Commissioners Meeting
Altachment~: A. Findings of Fact
8. Con:eptual Site Plan
Agenda Item No.7 A
June 8, 2004
CU-ZOO3-AR-4003 April 15, 2004 CCPC Page 9 of 9 Page 14 of 54
1 -.--.... RE-SUBMITT AL
CU-2003-AR-4003
PROJECT #19990668
\ DATE: 9/16/03
KAY DESELENI
... n _____ _
APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE
Petition No.: Date Petition Received:
-
Commission District: Planner Assigned: _Kay Deselem
ABOVE TO BE COMPLETED BY STAFF
1. GenerallDformati(,n
..-.,
Name of Applicant(!:) __AlJostolic Assembly of the Faith in Christ Jesus
(FL address) Corporate Address
Applicant's Mailing Address _(2780 IOda Ave. SE) 10807 Laurel St.
City _IN aples) RanGho CUcan10nga State _a:L) CA Zip _(34117) ~'1730_
Applicant's Telephone # 352-2540 Fax #
Applic.mt's E-Mail Address:
Name of Agent ~T8nce Kepple Firm _Kepple Engineering Inc.
Agent's Mailing Address 3806 Exchange Ave
City __Naples State FL Zip _34104
Agent's Telephone It 239 403-1780 Fax # 403-1787
Agent's E-Mail Address: KEIENGIN@AOL.COM
- COLLIER COUNTY COMMUNITY DEVELOPMENT
PLA.NNING SERVICES/CURRENT PLANNING
2800 :~. HORSESHOE DRIVE - NAPLES, FL 34104
PHONE (941) 403-2400IFAX (941) 643-6968 Agenda Item No.7 A
June 8,2004
Page 15 of 54
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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 Assodation:
Mailing Address _ City State _ Zip
Name of Civic Associltion:
Mailing Address City State _ Zip
2. Disclosure of Interat Information:
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety7
tenancy in comffit>o, or joint tenancy, list all parties with an ownership inter.est as well
as the percentage of such interest. (Use additional sheets if necessary).
Name and Address Percentage of OwDenhip
Agenda Item No.7 A
June 8, 2004
Page 16 of 54
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b. If1:he property is o~ed by a CORPORATIONJ list the officers and stocktolders and
the percentage cf stock owned by each.
Name, Address ani I Offioc Percentage of Stock
A Non Profit C01:poration
Sanchez. Daniel - president
Valverde. Samuel-vi~president
Salomon. Daniel- secretaJy/director
Espino~ Arthur - treasurer
c. If the property is in the name ofa TRUSTEE, list the beneficiaries of the tIllst with the
percentage of in terest.
Name and Addles! Percentage of Interest
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d. If the proper1y<s in the name ora GENERAL or LIMITED PARTNERSHIP, list the
name ofthe general andlor limited partners.
Name and Addres! Percentage of Ownership
-- -
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a
Corporation, Trustee, or a Partnership, list the names of the contract purchasers
below, including the officers, stockholders, beneficiaries, or partners.
Name and Addre5! Percentage of Ownership
-
-
Date of Contract:
Agenda Item No.7 A
June 8, 2004
Page 17 of 54
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- f. If any contingcll1cy clause or contract terms involve additional parti~s, list all
.
individuals or oficers, if a corporation, partnership, or trust.
Name and Address
4
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g. Date subject property acquired ex) leased ():01/1997 Term oflcase -Yf.lmos.
:u: Petitioner has option to buy, indicate date of option: and d ate option
tenninates: . or anticipated closing date
h. Should any clwlges of ownership or changes in contracts for purchase sub sequent to
the date of app lication, but prior to the date of the final public hearing. it is the
responsibility oJ' the applicant, or agent on his behalf: to submit a su pplemental
disclosure ofintl:resl fonn.
3. Detailed le1!aI descriotion of the orooertv covered by tbe aoolicatioD: Of 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' Sl;ale) 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: 31 Township: 49 Range: 26
-
Lot: 9 Block: Subdivision:
Plat Book Pagl~ #: Property I.D.#: 00294320004
Metes & Bounds Des<: riprion: See 31. Two 49. Rng 26: N ~ ofSE '!4 ofSW '!4 l)fNE Y..
Less the W 30 ft. road RIW. Collier County FL
4. Size of orooertv: ~~LJ\. X 659 ft. = Total Sq. Ft. 211.539 Acres 4.85
5. Address/2eoeralloca'tioD of subiect orooertv: 1235 San Marcos B!vd.
6. Adiaceot %OoinS! and land use: Agenda Item No. 7 A
June 8, 2004
Page 18 of 54
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Zoning Land use
N_E Residential
SJ Residential
E_E Residential
WJ Residential
Does property owner ,)wn contiguous property to the subject property? Ifso, give
complete legal descrip lion of entire contiguous property. (If space is inadequate, lttach on
separate page).
Section: . Township: Range:
Lot: Blocl:: Subdivision:
Plat Book ' Pag'~ #: Property I.D.#:
Metes & Bounds Desc:ription:
,-
7 . TvDe of Conditional Use: This application is requesting conditional use # --L of
the J_ district fl)r (TYPE OF USE) Church and related facilities.
Present Use ofthe Pre petty: Vacant
- -
8. Evaluation Criteria: Provide a narrative statement describing this request for conditional
use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code,
staff's recommendation to the Planning Commission and the Planning Co rnmission' s
recommendation to die Board of Zoning Appeals shall be based upon a finding that the
granting of the conditional use will not adversely affect the public interest and that the
specific requirements governing the individual conditional use, if any, have been met., and
that further, satisfactory provision and arrangement have been made concerning the
following matters, wbere applicable. Please provide detailed response to e:tcb or the
criterion listed below. Specify how and why the request is consistent with each.
(Attacb additional pllges ... may be necessary).
-
a. Describe how the project is consistent with the Collier County Land Development Code
and Growth Mam:gement Plan (include information on how the request is consistent
with the applicahle section or portions of the future land A~~cFcJ~~f.J~
attached. _ June 8, 2004
Page 19 of 54
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b. Describe the ex isting or planned means of ingress and egress to the property and
proposed structu re thereon with particular reference to automotive and pedestrian
safety and convenience, traffic flow and contro~ and access in case of fire or
catastrophe: See attached
c. DeS(,'fibe the effe<:t the conditional use will have on neighboring propenies in relation to
noise, glare, economic impact and odor:
See attached
d. Describe the site':; and the proposed use's compatibility with adjacent properties and
other properties in the district:
See attached
e. Please provide allY additional infonnation which you may feel is relevant to 1 his request.
See attached
9. Deed RestrictioD!: The County is legally precluded from enforcing deed restrictions,
however, many col1U11unities 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 whc~her or not the request is affected by existing deed restrictions.
Agenda Item No. 7 A
June 8, 2004
Page 20 of 54
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Conditional Use ApplieatiOD
8. EvalDatio. Criten.
:a. The GMP allow:. the 1DC to provide for the uses within each zoning district.
This conditional use is permitted through the E zoning district and development of the
project will be in accordance with the LOC.
b. Access to the sit:: is via Radio Rd. and San Marcos Blvd.
c. The church can have a positive effect on the neighborhood, the property will be
developed for a church ilnd services will be held 1 or 2 days a week.
d. The existing site is vacant, upon development, the site will contain a cburck. and
required parking. The r:maindeI' of the site will be landscaped in accordance with the
LDC and will have 1 S Ii)()t buffers on the north. east and south and a 10 foot butTer on
the west.
,e. The church has purchased this property to provide a site for their services. A
conditional use is requiled in all zoning districts except commercial, where the value of
- the land is not within m.)st churches reach.
-<
RE-5UBMITT AL
CU-200f~~ rO.7A
PROJE , ,2004
DATE: 9/16fO~age 21 of 54
KAY DESELEM
"..- --_.,,-,.._-
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. 10. Previous 1.lId use pl~titioDS on the subiect uroDertv: To your knowledge, has a public
.
hearing been held on this property within the last year? If so, what was the nature of that
h . '1
eanng,
NO
11. Additional Submittll reauirements: In addition to this completed applil:ation, the
following must be suhmitted in order for your application to be deemed sufficient, unless
otherwise waived during the preapplication meeting.
a. A copy of the pre-application meeting notes;
b. Sixteen (16) copies of a 24" x: 36" conceptual site plan [and one reduced 8W' x: 11"
copy of site plan]. drawn to a maximum scale of 1 inch equals 400 feet, depicting the
following [Additi(,nal copies of the plan may be requested upon completion of staff
evaluation for di:;tribution to the Board and various advisory boards such as the
EnvirorunentaJ Advisory Board (EAB), or CCPC]~
. all existing and proposed structures and the dimensions thereof,
. provisions tor existing and/or proposed ingress and egress (including ped ;:strian
ingress and egress to the site and the structure(s) on site),
. all existing ani/or proposed parking and loading areas [include matrix indicating
required and provided parking and loading, including required parking fOJ" the
disabled],
. locations of solid waste (refuse) containers and service function areas,
. required yard:;, open space and preserve areas,
. proposed lo~tions for utilities (as well as location of existing utility services to the
site),
. proposed and,'or existing landscaping and buffering as may be required b)' the
County,
. location of all signs and lighting including a narrative statement as to the ::ype,
character, and dimensions (such as height, area, etc.)~
c. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land
Development Code (LDC).
d. Whether or not ,m EIS is required, two copies of a recent aerial photogmph, (taken
within the previol.S twelve months), minimum scale of one inch equals 400 fe et, shall be
submitted. Said a~rial shall identify plant and/or wildlife habitats and their boundaries.
Such identification shall be consistent with Florida Department of Transportiltion Land
Use Cover and Ferms Classification System.
e. Statement of utility provisions (with all required attachments and A~~x.tem No.7 A
June 8, 2004
Page 22 of 54
. .'........,.. . -- ....,,,.,...~,_.."',. --'"''"'''-''''''',""''' ... ....."."..,""-,~..
,
, f. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting;
.
- g. A historical ard archeological surveyor waiver application if property is located
within an arel. of historical or archaeological probability (as identifed at pre-
application meeting);
h. Any additional requirements as may be applicable to specific conditional uses and
identified during the pre-application meeting, including but not limited to 2ny required
state or federal I'ernUts.
-
.-
Agenda Item No. 7 A
June 8, 2004
Page 23 of 54
,_. ....~ ~'~"'-. ,.-....---..-..-----. ",-_., .-"-~._-_._-
.
CU-2003-AR-4003
~. PROJECT # 19990668
.... ... DATE: 4/17/2003
. . ](A Y DESELEM
ADDRESSING CHECKLIST
Please complete the following and submit to the Addressing Section for Review. Not all items vrill apply to
every project. Items in bold type arc: required.
1. Legal description of su~t property or properties (copy of lengthy description may b~ attached)
__ j'e('. I'/'II~
2. Folio (property ID) Dumber(s) of above (attach to, or associate with, legal description if ",ore than .one)
tJtJ".~p J 'VCJ~V Y <-
3. Street address or addresses (as applicable, if already assigned)
i Iv ;~ ~- r.~4' M'.I'rof ~/v/
!
4. Location map, showing exact location of project/site in relation to nearest public road right..of-way (attach)
5. Copy ofs:urvey (NEEDED ONLY FOR UNPLATTED PROPERTIES)
6. Proposed project name (if app/ic.zble)
7. Proposed Street names (if app/ica.,le)
-
8. Site Development Plan Number ,FOR EXISTING PROJECTS/SITES ONLY)
SDP -
9. PetitioD Type - (Complete a separate Addressing Checklist for each Petition Type)
DSDP (Site Development Plar) o PPL (plans & Plat Review)
o S:)P A (SOP Amendment) o PSP (preliminary Subdivision Plat)
o SDPI (SOP Insubstantial Change) o FP (Final Plat)
o ::1P (Site Improvement Plan) o LLA (Lot Line Adjustment)
o SIP A (SIP Amendment) o BL (Blasting Pennit)
o SNR (Street Name Change) o ROW (Right-of-Way Permit)
o VegetationlExotic (Veg. Removal Permits) o EXP (Excavation Permit)
~ Land Use Petition (Variance, ConditionaU.Lse, o VRSFP (Veg. Removal & Sitt: Fill Permit)
BI)at Dock Ext., Rezone, ptn) rezone, etc.)
o Other - Describe:
10. Project or development names proposed for, or already appearing in, condominium documents (if
applicable; indicate whether proI,osed or existing)
11. P~ease Check One: 0 Checkli:;t is to be Faxed Back ~ersonally Picked Up .
12. Applicant Name -';'r/v .~/t" Phone I//jJ~.}' Fax
13. Signature on Addressing Checklist d not constitute Project andlor Street Name approval and is subject to
further review by the Addressing Section.
FOR STAF.F USE ONLY HECEIVED
Primal)' NWTlber~
Address NWllber -- APProved~m9dAPljJaale .Q_.~
Address Nwnber
Addressl~wnber ---
I Agenda Item No. 7 A
June 8, 2004
Revised 3-21.01 Page 24 of 54
-_.- .
- Apostolic 4As.embly of the Faith In Christ J.sus
&.Id.mar Rodrigua Danie! SMche%
1!II-.oP PAESIOIHT .....oP va: PMIIOEHT
~
-.- Arthur Espinola
Samuel Valwrd.
GeNERAL Set:RE1"'~ GENE~ TRIAIUfIf"
I
10801 ~UREL $I'REET. RNt:HO CUCAMONGA. CAlIFORNIA 91730 . (909) 987-3013 . (Si09) 481.5691 FAX
CORPORATE RESOLUTION
On the II tit day of July f 2001. a mcetina of the SOlId oC Directors oC the APOSTOlg
A.ssEMB~~ OP THE P AlTR IN CHRIST JESUS. INC., wu duly called &ad helll in
~~wjth law and Ihe bylaws of the Corporation at which a quorum otthe voting members
wu preaen~ md the folio-wing resolution wu adopted:
RESOLvm that.uthori:~tiOD be and is bereby liven 10 Rev. Alvaro Alda1'la. Pasta.' of the
Apostolic hssembly ofN.plea. Florida, to act as an asent of the APOSTOLIC ASSBMBL Y and
initiate proceedinp relevlDt to the obtainina ora construction loan in the amount not to exceed
$300,000 ("nhree Hundred Thousand DoUan) with Community Bank of Naples.
RF~LVED that loan Mlds of the aforementioned transaction be used for the construction ota
church building on the propeny located at the empty lot predetermined for this purpose in the city
of Naples. Ftorida.
-<
RESOL VEl) that all nece:iSU')' documents reflect the APOSTOLIC ASSEMBLY 0' TIq;
fJ4,ITH IN CHRIST JES1~ as the seller, borrower, buyer, grantor or grantee as applicable.
WHEREAS the President and General Secretary of the Corporation, in conjunction, Ire solely
autborized to sign all nec~sary documents on bebalf of the APOSTOLIC ASSEMBl..Y OF THE
EAITH IN CHRIST JES1.lS.
RESOL VlD that all nec~sary documents be drawn reflecting President Baldemar Rcrdrlaucz aDd
General Sccrelar)' Samuel '/ah.-erde u the signing corporate officers represcntins the (:orporation,
I, Rev. Samuel Valverde, duly elected General Secretary. do certify that this is a true ud oomct
copy of the resolution adopted at said meetiDi of the Board of Directors of the APOSTOLIC
ASSEMBLV OF THE FAITH IN CHRIST JESUS,
IN WITNESS WHEREOlr.1 have hereunto set my band IS Secretary oCthe COlpOratlOD, and
bav~~.~ tb~ official seal or the Corporation this 11th day of July, 200J.
~~" ,
;" ~-- _ ~,i
\~rva).mdc' E
"A,.ii$~'J~~~r.J~~;o" of Jh~ epostles end proph~ls, J~sus Christ Him.s~/f b~ill' JIt, diej COntI' srOM."
....: ..;..'... -. ~Qot.t':-::^NS -; ,1.,1
-- ........... ,..: --- .._-- --.-...
Ishmael Arellano Jl.len Fortino Luciano M. Montes Oaniel SalomOn
SECRETARY SECRCTMV !!I ECRfTAA't StCRETARY
FOREIGN MISSIONS NAT O~ EVANGELISM CHRISTIAN EDUCATION Agenda Item tfEf.U'fASslrNolCE
June 8, 2004
Page 25 of 54
"".-. --~."_.- "'-~"'-,._...."..."--~..._.....'-_.- ..'"
<. RE-SUBMITT AL
CU-2003-AR-4003
PROJECT #19990668
DATE: 9/16/03
. KAY DESELEM
-
3806 Exchange Avenue . l'J:Jples, Florida 34104 · ~1) 403-1780 · Fax ~ 1) 403- 1787
239 239
Apo.tolic Assembly of tbe Faith in Cbrist Jesus
TIS
See 31, Twp .., , RJag26
-. February 2003
'< Based OD ITE Trip Generation Manual. 6th ~dition
Land Use: 560
Church
The'proposed site is located at 1235 San Marcos Blvd.
The project cOnsists of a 4.9 +/-., acres. The proposed building will seat 400 people for
services with church ofappr:>ximate1y (12,000 sf). Parking will be provided for the
, church in accordance with tl Ie LDC (approximately 171 spaces).
In ~rdance with ITE Trip Generation manual this type of facility win generate the
following traffic:
Trip GeDentio.
A ve:ragc V chicle Trip Ends,
OIl,. weekday
9.11/1000 sfx 12 = 109.3 trips
500.10 'entering - 54 tri ~s
500,10 exiting - 54 trip:l . ,
Peak Hour of adjacent street AM
0.72/1000 sfJC 12 = 8.6 trips
54% emering - 4.6 trips
46% exiting - 3.9 trips
Peak Hour ofadjaur:t street PM
0.6611000 sf,: 12 = 7.9 trips
54% entering - 4.3 trips ~..~
46% exiting - 3.6 trips
~- ,,-
f' '<
Peak Hour of generator. AM ~1!J ~ ...
1.2811000 sf". - 15.4 trips
50% entering - 7.7 trips . ~ . .
Agenda Item NO.7 A
June 8, 2004
Page 26 of 54
I .. .
..
-
500.4 c:.Uing: 7.7 trips
Peak Hour of genera':or, PM
1.41/1000 sf:, 12 - 16.9 trips
59'.4 entering - 10.0 trips
All % exiting . 6.9 trips
OD a SUDcIay .
36.611000 sf;, 12 =- 439.2 trips
SO-A eutering. 219.6 trips
, So-.4 exiting - 219.6 trips
Peak Hour oCGenerltor
9.49/1000 sC,~ 12 = 113.88 trips
51% entering . 58 trips
49'A exiting - 55.8 trips
Trip AuipDaeat
All traffic will be entering from the South and exiting to the South on San MarC<JS
'Blvd At Radio Rd. traffic will be evenly split SOO!c. East and 500.10 West.
.-
EUtiIIg TrafI"lC
Radio Rd. 22,943 MDT
24,778 PSDT
LOSe
Impact of p'ropo.ed IIH
The proposed church Will have minimal impact on Radio Rd. The project will
generate less than O.S % AADT. SirK:e the church is currently having services elsewhere.
it is expected that the project will relieve traffic from other roads while having minimal
impact on either of these road s.
-
Agenda Item No. 7 A
June 8, 2004
Page 27 of 54
-,--_..-- .....~ --.....-.. -~.,.- . ~--,..., .-'-----..--.--.----
,
.'
.
STA n:MENT OF {: TILITY PROVISIONS FOR CONDmONAL USE REOUEST
l. NAME OF APPLlCANT: Apostolic Assembly of the Faith in Christ Jesus IJ~
2_ MAILING ADDRESS: 2780 101la Ave. SE
-
CIlY Nt\Ples ZIP 34117
3_ ADDRESS OF SIBJECf PROPERTY (IF AVAILABLE): 1235 San Marco Blvd.
4. LEGAL DESCRImON:
Section: 3 1 Townsbip: 49 lUnge: 26
Lot: 9 Blode Subdivision:
Plat Book Page #: Property LD.#: 00294320004
Metes & Bl)unds Description: _See 31. Twp 49. Rng 26: N ~ of SE 1A of SW 1A
ofNE \/4 . Less the W 30 ft. road RfW. Collier Cou~ FL.
5_ TYPE OF SEW AGE DISPOSAL TO BE PROVIDED (Cbeck applicable system):
a. COUNlY UTILITY SYSTEM 0
b. CfIY UTnJTY SYSTEM 0 .
c _ FRANCHISE D UTILITY SYSTEM 0
PROVIDE NAME
d. PACKAGE TREATMENT PLANT 0
(GPD capacity)
e. SEPTIC SYSTEM rx1
6. lYPE OF W A lE:R SERVICE TO BE PROVIDED:
a. COUNTY UTILITY SYSTEM 0
b. CI1Y UTll.J1Y SYSTEM 0
c. FRANCHISE D UTILITY SYSTEM 0
PROVIDE NAME
d. PRIVATE SYSTEM (WELL) ~
e -
.
Agenda Item No. 7 A
June 8, 2004
Page 28 of 54
I
j ,
. .
-
7. TOTAL POPULATION TO BE SERVED: 400 seat church
I
I 8. PEAK AND AVERAGE DAILY DEMANDS:
I
I A. WATER-PEAK 3.750 AVERAGE DAILY _1500
I B. SEWER-PIAl( _3.750 AVERAGE DAILY 1500
9. IF PROPOSING TC' BE CONNECTED TO COLLIER COUNlY REGIONAL
WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECfED TO
BE REQUIRED: .
10. NARRATIVE STATEMENT: Provide a briefand concise narrative statement and schematic
drawing of sewage tn atment process to be used as well as a specific statement re;~arding the
method of effluent anll sludge disposal. If percolation ponds are to be used, then :I,ercolation
data and soil involve<; shall be provided from tests prepared and certified by a professional
engineer.
11. COLLIER COUNT( UTD...ITY DEDICATION STATEMENT: If the project is located
within the services b(.undaries of Collier County's utility service system, written notarized
statement shall be provided agreeing to dedicate to Collier County Utilities the water
distribution and sewa~e collection facilities within the project area upon compktion 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 applicc.ble system
development charges and connection fees will be paid to the County Utilities Di'nsion prior
to the issuance of building pennits by the County. If applicable, the statement shall contain
shall contain an agreement to dedicate the appropriate utility easements for :;erving the
water and sewer systc ms.
12. STATEMENT OF AVAILABn.ITY CAPACITY FROM OTHER PROVIDERS:
Unless waived or oth~rwise provided for at the pre-application meeting, if the project is to
receive sewer or potable water services from any provider other than the County, a
statement from tha1 provider indicating that there is adequate capacity to serve the project
shall be provided.
UUIIty:1'1'oYtIIon ~ RJM 10117J5J'7
I
-<
Agenda Item NO.7 A
June 8, 2004
Page 29 of 54
.--. <-- -_..-._~,...~'.
~--"~_P--~ "."_
.
,
, COJIDITIONAL USE APPLICATION
.
SUBMITI AL CHECKLIST
THIS COMPLETED CJtlECKLIST IS TO BE SUBMflTED WITH AI'PLICA nON
PACKET!
REQUI~'EMENTS #OF NOT
COPIES REQUIRED REQUIRED
1. Completed Application 16* X
2. Copy of Deed(s) and list identifying Owner(s) and aU 2* X
Partnen if a Corporatioa
3. Completed Owner/AgeDt Affidavits, Notarized 2* X
4. Pre-application noteslm:inutes 16* X
S. Conceptual Site Plans (including (1) 8-1/2 X 11 copy) 16* X
6. Environmental Impact Statement - (EIS) 4 NA
7. Aerial Photograph - (wil:h habitat areas identified) 5'" X
8. Completed Utility Provilions Statement (with required 4 X
attachments and sketchl~)
9. Traffic Impact Statemellt - (TIS) 4 X
10. Historical & Arcbaeolo@ ical Survey or Waiver 4 NA
Application
11. G()pies of State and/or Federal Permits 4 NA
12. Architectural RenderiDI: of Proposed Structure(s) 4 X
13. Application Fee, Data Convenion Fee, Check shall be -
made payable to Collier County Board of
Commissionen
14. PUBLIC PARTICIP A TlON MEETING:
APPLICA nON SUBMITTAL:
Copy of Affidavit attesting that all property own en,
civic associations & property owner associations were
notiraed.
Copy of audio/video rec,)rding of public meeting
Written account of mM ing.
15. Other Requirements -
-
· Oo4;umcnts required for Long-F;ange Planning Review
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this cllecldist is
included in this submittal package. I understand that failure to include all necessary submiUal infonnation may result
in~of~~ y@v
~~~
Applicant! Ag1mt Signature Da~genda Item No. 7 A
June 8, 2004
Page 30 of 54
J .' ·
AFFIDA VIr
We/I. Bl1/Ot-t ~ ~) ~ A J dMCt being first duly sworn, depose and S:JY that well
am/are the owners of theproperty described herein and which ;s the subject matter of (he proposed
hearing; thai all the anSN'ers to the questions in this application. including the disclosure of
interest information, all s/r.!tches, data, and other supplementary matter attached to and mode a
parI of this application. tJre honest and true to the best of our Icnowledge and belief. wen
understand that the informeltion requested on this applicaJion must be complete and ,'IccuraJe and
that the content of this lon'l, whether computer generated or County printed shall not be altered
Public hearings will not be advertised until this application is deemed complete. anti all required
informalion has been submitted
As property owner WelIfur.'herauthorize Terrance Kepple to act
as our/my representative in any matters regarding this Petition.
d1f/ld?1r ~}~
- Signature of Property Ownu Signature of Property Owner
/11 1~fJ9 flf) ~T, 4/ p ///;fi
Typ;;;r;;;p;:jjlted Name of Owner Typed or Printed Name of Owner
The.foregOi~~~.8~~ed before me Ihis _I$'fl-- day of CnI1.lLloJ)
20Q3 by 1: ' who is personally known to me or ~:ed (f
FQ)l-ft l.f35 :..n () as itkntijieation.
~ J -3051Y ,
Stole of Florida (Si re of Notary Public - ,;;;~
County of Collier Florida)
.- ~"-:-;:,:;,::;:;- ";; t
t ,<-<,,' < < <,<,<< <I" ." <',' 0."" ~{ C l X (Y) dz,-
, '.: .' .,', .,' ,'''' <' '~ 1/r. /) I.k~
~< > . ,<,C,..' 1-.::/ .. l
: ,<)'" "" ,< '<"<'"<0''' <i /P' T1 S C ., d
~'...'~:...__.-,<.-;...:.;.....~.;;=.;:__.;...;. I' rmt, ype. or tamp ommlssrone
Name of Notary Public)
-,
Agenda Item NO.7 A
June 8, 2004
Page 31 of 54
_.'."~-_..._"- _..-..... ~...---,~
~ .-.... . -_.~-.
llli. 1_1'1_1 p~ Willaout C PWOII By:
CIU\ Bailey. Alklmey lit Law CU-2003-AR-4003
.4991 18th Av_ SW
Naples, FL 341 J6 PROJECT # 19990668
DATE: 4/1712003
KAY DESELEM
- r s.-. Abov. ThiI u.. For ~rdinc Dalal
Warranty Deed
(Sc.NlOry p_ . FS 619.02)
This Indenture, __ ~.... 17, 1996, ,*-IUCHARD D. JARVIS, alllUried -. of tbe::tate 01
Florida in lbe C-ty of Orap. :inDlor, wtao. pclIt office addr.. is 2053 Woody Drive. WIlldenDere. Florida 34716, ud
~POSTOLJC ASSEMJlL Y OF 11 IE r.urH IN aousr JESUs. 1Dc.. wblw poll office addtca il 101107 Laurel Streec, :tMc:lo
CucamoD,a, Califonaia 917JO. ud wboee PederaI Tax m is 95-60I19S5, Gnalee;
WilllcAelh:
Tballbo aid Gnalor, fOf IDd ill COllIideratioa of the _ of $10.00 IIId other valuabl. COllIi6watioD. 10 G,.1Of ill bud
raid by lbe aid Grantee. tbe ftICIli II wbenlof it bcreby ldaIowIedced. bas if'Mted. batlaiDed IllCllOld to the aid GlUl-. ud
Grantee's bars N1d Bpi fonom', tbe followiDl dcecribetllud. to wit:
The North 112 of tbe Saud.... 1/4 of tile SoutlIwelK 1/4 of !be NcxtIIMIII/4 of Sectioll J I. TOWIlShip 49 SoIath,
Rance 2.6 Ease. Lea tbe Welt 'lbirty Peet (JO') ~ed for rolId ri,bl-of__y IIld utililiCl. as recorded iD
wINaJeOt ill Official R.o;o:.rdI BooIt 610, Pap 1919, Public Rec:ordl of Colli... CowIY. Florida.
GRANTOR WARRANTS ANDRE'R.ESENTS lHATlHE PROPERTY BEING CONVEYED IS UNIMPROVED AQl:EAc; E AND
IS NOT THE HOMESTEAD PROPERTY, NOR CONTIGUOUS TO mE HOMESTEAD PROPERTY, OF GRANTOR, WHO
RESIDES AT 2OS3 WOODY DIU'll!. WINDERMERE. FLORIDA 34186.
(For IDformalioo Oa.Iy: PJoperty AlIPRiser'. Tu Jdeatificatioe NWIIber i. 0029432ClO(4).
To have and 10 bold lbe AlDIS ill Ie, .i~1e forevw.
Togelbcr witb uy ud aU '-II, beredilUllals IIId 1f'IN'UD- tbento bdooaiAI or La AlIywi.. apper1lia.ial. Sdlject kl
.~menlS. restrU:boaa. .-vatiOllf IIId limilaliou of record ccmmoa kl die aubdivisioa, waia, &lid ClIblw aovenuDeDtaI rea ulatiou
iDd taXes for lbe c:urreat 'ftIV aDd I~I ycan.
And the said Grantor dots bently fully WWlUI the tilleto laid IMId. &lid will defead tbe II&ID8 apiDat lbe lawful clai_ of
~I penons wbOID5OllVU.
Wherever.-i baeiD. tile tenm oGraatoro &lid OG,.teeO WlI iDeJude aU tbe parties 10 Ibi. iIutnI_1 aDd tbe be..., 1ep1
represeoLltivlIl ud uaiplS or iIldn iduals. ud tbe _ IlIICI aaiJIII or corpol'llioGa.
SiJDed, sealed ud delivered ill the ~ of:
SiJ:II ~k~~ SiJD a 4...l tfL'}ll!/tL, < (Seal)
~ NO.1 RlCHAJU> D. 1 foil VIS
PriIIl KA~ p. S~)~ Prillt RICHARD D JARVIS
WITNESS NO.1
'"
SiJD A/I./"" ~ ) ~ -'1} ~
Wl"mESS NO. 2 .
Print J;J I "'I...ML h\ ( '(jog{
WITNESS NO. 1-
ST A T:E Of FLORIDA
COUNTY OF O~ If" day of J ^,J"A-~'f
The fon:loiIIl . l _ acbowledpd before me this ,1~
by RICHARD D. JARVIS,<wbo l~lSI.... ~ly bowa to _ or wbo (-> bulbave produced
u ideatificati')ll. ;;~~~
Slate of Florida al Lup (NOTARJA:" SEALN
Commiuioa Expirra: AJienda Item o. 7 A
CommissiOll No.: ;~. ....,::~~~I 2004
* if' * =~32 of 54
">~.,,;;' ~.1_
. CU-2003-AR-4U03
" . PROJECT # 19990668
<..
~'.
~ DATE: 4/17120~13
- KAY DESELE1\1'
(:ONDITIONAL USE PETITION
.PRE-APPLICATION MEETING NOTES
& SUBMITTAL CHECKLIST
Date: ~.. ~-02... Time: ..3. PfI) Planner: t!-A y \)E~Eu::::J-1
Project Name: ~:POS'1OUc.. Ll,.lU2.C\-4
Project Addr/Locatiun: ll35 ~At--J t-tAe.c.c;s a LV..D
-- 'C..E.P PLJ:.. Phone: 403 -. \790
Applicant Name: _ \1="t?tlY
Firm: KEWU7- t:Nb-
Type of Petition: CU. fa<- c'nurc:,^ \'E'I
Current Zoning:
--
- Owner Name:
--
Phone: -
Owner Address:
Meeting Attendees:
la-~-
~ p:~a.('
SUSMITT.4L REQUIRE VlENTS:
-f-g Application, com Jleted
~ Addressing Cheddist signed by Addressing Dept
~ Pre-application meeting notes
'i-O 16 copies of Conceptual Site Plan 24" X 36" plus (one 8 Yi X 11 copy)
~ Copy of Deed(s)
-- ~ Completed Owner/Agent Affidavits, Notarized
Emironmentallrr pact Statement (E/S), or waiver. - wlJ.\ ~
~~ Aerial Photograph (taken within the previous 12 months) Agenda Item No.7 A
~~ Statement of ulilily provisions (with all requi~Dd attachments & sketc~bnee 383 ~~g:
I
,.-- ~-"- """~"-''''''''''---'"'. ^~.~,~<".._....._-
I
I o'
I I':~
I . Traffic Impact ~)tatement (TIS), or waiver \yt
'-,
I Historical and Archeological Survey, 0~~.J(
'''9 Copies of State and/or Federal Permits.. "J I"" ~
'bJ Architectural R,mdering of Proposed Structure(s) tJ ~-f"
"lSJ Prl~-applicatiol1 Fee $300.00 (to be credited toward application fee below)
"j€J Fees: :;2000.00. Application Fee
25.00 Data Conversion
.$300.00 if filed in conjunction
with a rezone petiti on
OTHER REQUIREME,nS: 1~so~ ISSUL O-r MLCI
0
0 ~ WaJ! (Q.~U\(Q.
0
0
r:-Jo-JO'S
~~ '-'1G.f.l '1tSIISt wr-( X. - WA~5
i
~
.
-
-
\tJAI Tl tJG-- ro-e.. ADPu.E""~'~ C~~s1:- ~ C- \J.EdL
Q.~V E \ ~~'t A c-, P,,< o~ '-\~A. ~.. S' G~U:> ~(
~\J\:.\\<, ~~~'1l.~
Agent/Owner Signature Date:
Agenda Item No. 7 A
June 8, 2004
Page 34 of 54
2
PRE-ApPLICATION MEETING
.
. " SIGN IN SHEET
.
-<
AposrQLlG t..QIJ:C~ c-m t2~~ ~ H,AQrQS <8-28-02-
Project: Name Date of M~eting
pLEASE PRINYi
Name Division/Dept Regarding Phone Number
Kay Jeselem CDES/Plng Srvcs Current Planning (239) 213-2931
~(' (.,' ~:~ 4J. .,\~,;~ Su F NG , ((\JI,v , CU. ~' 6--:9 -~-7.:::.-1
-
a"..ol.(.N~ VA-~ C tVleNf' 7 '-'t'1lN,""6 ,~~. $7z<7
'eAS~ )\1 LA I I r;: e. Ei-JG lr-j6S~ ~G- ,'':+05- Z4~
c;;, --z.e tr o;z. '-( b Gi"i<.C. f;q C. C. Tl<ArJ.,S. K-A,v}.J(,vey ..::<. I g-SB (Fi
~ ~ \ L-<UirJ ~
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etnlfl(l -b(OF -/)Y1, -
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F:\formsIPre-App sign in Shf!et.doc 6/6/02 Agenda Item No. 7 A
June 8, 2004
Page 35 of 54
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ADDRESSING CHECKLIST
Please complete the following and s'Jbmit to the Addressing Section for Review. Not all items will apply to
every project; Items in bold type are required.
1. Legal descriptiOD of su~t pro}erty or properties (copy of lengthy description may be att.2checl)
j",P~ ~/'~..~;,/
2. FoKo (property ID) Dumber(s) of above (attach to, or lUsociate with, legal descn"ption ifmore than .one)
_ t91l",,-iI J ~ t9dt) Lf <~
3. Street address or addresses (as applicable, if already assigned)
11--,~ ~ ", U'''/Gf ,/v/
4. LocaHoD map, showing exact IC1cation of project/site in relation to nearest public road right-oC-way (attach)
S. Copy of survey (NEEDED ONt Y FOR UNPLATIED PROPERTIES)
6. Proposed project name (if applicable)
7. Proposed Street names.(ifapplica~le)
-
8. Site Development Plan Number <FOR EXISTING PROJECfS/SITES ONLY)
SDP .
9. PetitioD Type - (Complete a sq1arate Addressing Checklist for each Petition Type)
DSDP (Site Development Plarl) o PPL (plans & Plat Review) .
o S~)PA (SDP Amendment) o PSP (preliminary Subdivision Plat)
o SDPI (SOP Insubstantial Ctange) o FP (Final Plat)
o SIP (Site Improvement Plan) o LLA (Lot Line Adjustment)
O' SIP A (SIP Amendment) o BL (Blasting Permit)
o SNR (Street Name Change) o ROW (Right-of-Way Pennitl
o VegetationJExotic (Veg. Rcnoval Permits) o EXP (Excavation Permit)
~ Land Use Petition (Variance COllclj.ti<maUJse. o VRSFP (Veg. Removal & Site Fill Permit)
Boat Dock Ext., Rezone, PUl) rezone, etc.)
o Other - Dcscn'be:
10. Project or development namw iJIoposed for, or alrt.OA":y appearing in, condo~inium do!;'.'''' ents (if
applicable; indicate whether proJ1osed or existing)
1'1. P~ease Check One: 0 Checkli:rt is to be Faxed Back ~ersonally Picked Up .
12. Applicant Name -r;,rr,y ,ff~/t" Pbone 'I1J~ Fax_
13. Signature on Addressing Checklist do not constitute Project and/or Street Name approval and is subject to
further rc,iew by the Addressing Section.
FOR STAFF USE ONLY I<ECEIVED
Primary NUDllber ~
Address Number
Address Number
Address Number a*~~~
June 8, 2004
Page 36 of 54
Rl!vi~ 3-21-01
RE-SUBMITT AL
ClJ_2003-i\Ft-4003
- PFtOJECT #19990668
Di\TE: 9/16/03
KAY DESELEM
-..--- . ~
3806 Exct1ange Avenue · f.Japles, Florida 34104 · (239) 403-1780 · Fax (239) 403-1787
Kay Deselem
Planning Services
2800 N. Horseshoe Dr.
Naples, FL 34104
September 3,2003
Re: Apostolic Assembly of the Faith in Christ Jesus
CU-2003-AR4003
Public Infonnation Meeting
Dear Ms. Deselem,
- The referenced meeting was held on October 16,2002 at the Golden Gate Commurity
Center. lbere were sev,mU neighboring property owners in attendance. During tb~
meeting, we discussed the plans for the church and attempted to address the neighbJrs
,.:;oncems.
On behalf of the church, we did agree to have any/all parking lot lighting a maximum of
12 feet in height as well as directed away from neighboring property.
Respectfully,
~~~~
Terrance L. Kepple
,-
Agenda Item No. 7 A
June 8,2004
Page 37 of 54
-.-.,.. ~,~.,
I..... > fit. bli,.. "pfo"iatIOrfal ~eting · .. I
:
\
I
I Apo$tolic As'sembly of the Faith in <Christ J~sus I
Mark Your The meeting . .<wil~. <__~~ held on I
Calendar, Wednesdav, <October '16, 2002, at-- !
To Attend the Golden Gate Community Center, :
4701 Goldt3n Gate Parkway, Naples. :
The meetirlg will st<art at ~ I
,
I
Purpose Inform <members of. <the public of a I I
of Public proposed conditional use of a 4.7 :
Information acre parcl31 located at 1235 San
Meeting; Marcos Blvd. In Sec. 31, Twp. 49 S, :
< Rng 26 E. I
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Proposed To establish a conditional use to : I
I
Project ' allow developm'ent, of a church, :
Description church offi,oe and related facilities. I
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, I
.
G.-:al :len Gate Parkway I
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Proposed I
Churcn ,
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-d I I
I>< al I
1: 0 I
Radio Rd. ,
~ 5 I
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c: ,
" ,
VI I
Covia Blvd I
- I
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Comments and I
We Value other information : !
<Your Input' I
relevant to, the proposed petition :
may be submitted at the meeting,
either verbally or in writing, or by 1<
mail, phono, fax, or e-mail to:
"l.indaBedt9lyon, Interim,
Community Planning COQrdinator
Community Development &
Environmental Services 1
Administration I
2800 N. Horseshoe Drive ' \,
Napl~s, F;L 341 04
(239) 213-2948 Agenda Item No. 7 A
FAX:(239) 403-2395 June 8, 2004
I indabedtelyon@colliergov.net , Page 38 of 54
I
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No. lKl842A4 ~ Q ?tItI" .
Apostolic Assembly - property owners list
DE JOHN, LOUlS=& PH'xLLIS D
220 BLACKMAR ST THOMAS. CHARLES J
NEWARK NY 14513 CAMILLE MARIE L THOM\S
PO BOX 1615
BARBlTrO, IANP=& ROBERT J NAPLES FL 34106
4141 FAMILY CIRCLE C:~
NAPLES FL 34104 mCKS. THOMAS E
COLLINS. MARlL YN 1290 SAINT CLAIR SHORES RD
NAPLES FL 34104
4005 F AMll.. Y CIRCLE CT
NAPLES FL 34104 LENTOVICH, MICHAEL N=& MARY L
MALLARD. JOSEPH L 1270 SAINT CLAIR SHORES RD
4140 FAMILY CIRCLE CT NAPLES FL 34104
NAPLES FL 34104 MENTCR. ALBERT L
NEVINS, BISHOP JOHN J 1258 SAINT CLAIR SHORES RD
DIOCESE OF VENICE NAPLES FL 34104
1000 PINEBROOK RD
VENICE FL 34285 LA YTON, 10SEPH=& TERESA H
1170 SAINT CLAIR SHORES RD
.- MURPHY, MlCHAEL=& LISA NAPLES FL 34104
971 SAN MARCOS BLVD
NAPLES FL 34104 SMITII, GEORGE G=& ANITA U
1387 MARLIN DR
HAUCK, WILLIAM H NAPLES FL 34102
MARY E RAMOS
4417 ALHAMBRA CIR W # 2 SWANNER, JAMES T=& BErry M
NAPLES FL 34103 1028 SAINT CLAIR SHORES RD
NAPLES FL 34104
MORALES. JOSE MIGUEl
3182 BARRETI AVE ARVOY, JOSEPH
NAPLES FL 34112 DAVID ARVaY
140 PORTER CT
CLARK, DONALD R=& BErry 1 BOWLING GREEN KY 42103
PO BOX 207
M.~CO ISLAND FL 34 H6
COLE,RYANE
RICHARD S & ESTHER A COLE GRDN
1255 SAN MARCOS BLVD
NAPLES FL 34104
HARMON, WILLIAM E=&: CHERYL A
-< 1261 SANMARCOSBLVI)
NAPLES FL 34104
Agenda Item No. 7 A
June 8, 2004
Page 39 of 54
.~~"
PUBLIC PARTICIPATION MEETING \ of 2-
SIGN IN SHEET
AfOSlOL\ c., C Hu~C \-lr &01.-0 eJ G1.TE COt-'\~\X.HW ~ \o(\lt,loz..
Proiect Name Meeting Place Date of Meeting
~~
~~me ~tr.....ArlnrAAA Phone Number
Kay Deselem 2800 N< Horseshoe Dr.. Naples FL 34104Col1ler County Government (239) 213-2931
~..J- })~..\x.'cL IH~ sJ (l)~.r Sit,,,,,,, W "'1'.' & '-<(2
?;-r~Y . /1;;1'/'" ?q~h ft ,r-C)d~r- #/// Y,t/' -/7~ .
UNDA 8~'f{)~ Q.cU-lElZ.. Cn. (~""M.V~rN~.c.oOfZ;DI~~ (z.'3Q},a.1 ?;'-'(}''iJ.t.%
yttlfJ cUJL:K 2.&n ,5U~V1j..(OJ/J a- NaMO r~ 39lfi!!J7/7
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~lIda ItCII. f4uo TA.
June 8, 2004
F:\forms\Public Participation Meeting sign in sheeldoc 10/16102 Page 40 of 54
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PUBLIC PARTICIPATION MEETING 2- 0+ 2-
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SIGN IN SHI!I!T
~~-UG C-U. {) ~{- \ Gd~~u- GsmM~~ (~r-..-kL \O/t (;,/02-
Proiect Name Meeting Place Date of Meeting
-
~~m~ Str....l Add,... Phone Number
Kay Deselem 2800 N. Horseshoe Dr.. Naples FL 34104CoIller County Govemment (239) 213-2931
z-_.. 0 H -"", ........ ;3.., .2Jf '-'If ~J'31
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June 8, 2004
F:\forms\Public Participation Meeting sign In sheet.doc 10116102 Page 41 of 54
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"-"~"-"-'--
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RESOLUTION 04- -
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CHURCH OR OTHER PLACE OF
WORSHIP, CONDITIONAL USE NUMBER "I" IN THE "E"
ESTATES ZONING DISTRICT, PURSUANT TO SECTION 2.2.3.3
OF THE CO~LIER COUNTY LAND DEVELOPMENT CODE FOR
PROPERTY LOCATED IN SECTION 31, TO\VNSHIP 49 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the L(gislature of the State of Florida in Chapter 67-1246, Laws of Florida,
and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish,
coordinate and enforce zoning and such business regulations as are necessary for the protection
of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Developnent Code
(Cordinance No. 91-102, as amended) which includes a Comprehensive Zoning Ordinance
establishing regulations br the zoning of particular geographic divisions of the County, among
which is the granting of cDndilional uses; and
\VHEREAS, the C oilier County Planning Commission, being the duly appointed and
constituted planning board for the area hereby affected, has held a public hearing aft~r notice as
in said regulations made and provided, and has considered the advisability of Conc.itional Use
"}" of Section 2.2.3.3 of tt,e Collier County Land Development Code in the "E" Estates Zone for
a church or other place of worship on the property hereinafter described, and has found as a
m,lter of fact (Exhibit 'A") that satisfactory provision and arrangement have been made
cc:nceming all applicable rnatters required by said regulations and in accordance with Subsection
2.iA.4 of the Land Develcpment Code for the Collier County Planning Commission; and
\VHEREAS, all inTerested parties have been given opportunity to be heard by this Board
of Zoning Appeals in a public meeting assembled and the Board having considered all matters
presented.
:-.JOW, THEREFOU:, BE IT RESOLVED by the Board of Zoning Appeal; of Collier
Caunty, Florida that:
The petition, identified as CU-2003-AR-4003, filed by Terrance Kepple of Kepple
Engineering representing 1he Apostolic Assembly of the Faith in Christ Jesus, Inc., with respect
to the property hereinafter described in Exhibit "B" attached hereto and incotporated by
reference herein be and tbe same is hereby approved for Conditional Use" 1" of Section 2.2.3.3
Collier County Land DeH lopment Code in the "E" Estates Zoning District for a church or other
place of worship in accordance with the Site Plan (Exhibit "C") and subject to th( conditions
Agenda Item No. 7 A
June 8, 2004
Page J of2 Page 42 of 54
I
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found in Exhibit "D," ard all four exhibits which are attached hereto are incorporated by
reference herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minute1. of this
Board.
This Resolution adopted after motion, second and majority vote.
Done this ___day of ,2004.
A'nEST: BOARD OF ZONING APPEAU;
DWIGHT E BROCK, CLERK COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk DONNA FIALA, CHAIPJl1AN
,.,-
Approved as to Form and
Legal Sufficiency:
,;~~-
PCl:rick . \Vhite
Aisistant County Attorney
Attachments: Exhibit A - Findings of Fact
Exhibit B - Legal Description
Exhibit C - Site Plan, entitled, "Site Plan for Apostolic Assembly of F~ith in
Christ Jesus," dated February 2,2003, which is a one-page plan pn'pared by
Kepple Engineering, stamped received December 29, 2003
Exhibit D - Conditions
CL -2003 -AR-4')03/KDflo
-
Agenda Item No. 7 A
June 8, 2004
Page 2 of2 Page 43 of 54
... ,,_..____.~m -- ~ -----"
...-----
FINDING OF FACT
BY
COLJ.IER COUNTY PLANNING COMMISSION
FOR
A CONDmONAL USE PETITION
FOR
CU-2003-AR-4003
The following facts are fa und:
1. Section 2.6.33.4.1 of the Land Development Code authorized the conditional\lSe.
2. Granting the cond [tional use will not adversely affect the public interest and will no1
adversely affect o-her property or uses in the same district or neighborhoocl because
of:
A. Consistenc y with the Land Development Code and Growth Manageml:nt Plan:
Ye~ 1. No_
B. Ingress and egress to property and proposed structures thereon with particulw
reference to automotive and pedestrian safety and convenience, tnffic floVl
and control, and access in case of fire or catastrophe:
I Adequate itlgress & egress
Ye~ / No -
C. Affects neghboring properties in relation to noise, glare, economi:; or odol
effects:
/ No affect or _ Affect mitigated by
__ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible: use within district
Yes /' No -
Based on the above finclin gs, this conditional use should, with stipulations, (copy ar.ached) be
recommended for approvd to the Board of Zoning Appeals. All fi O\Jt.o-
DA TE:~l!/';/O~ CHAIRMAN: jJ >>wfJ) A&L
Bu~~ l~ ""B~~~ ExHI l
Agen a em No. 7A
June 8, 2004
Page 44 of 54
,
FINDING OF FACT
BY
COLLIER COUNTY PLANNING CO:M:MISSION
FOR
ACONDflnONALUSEPETnnON
CU-2003-AR-4003
The following facts are fe,und:
1. Section 2.6.33.4.1 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will no
adversely affect other property or uses in the same district or neigboorhooj beca.USl
of:
A. Consistency with the Land Development Code and Growth Management Plan:
I
Ye:;~ No_
B. Ingress and egress to property and proposed structures thereon with particula
reference 1.0 automotive and pedestrian safety and convenience, tr,1ffic fio,
_ and contro l, and access in case of fire or catastrophe:
Adequate ingress & egress
/
Ye:;~ No_
C.' Affects neighboring properties in relation to noise, glare; economic or ode
effects:
/ / I {-! <J S
_ No effect or. ~ Affect mitigated by d'l.\\\j~t~ t.,,! u. \.... '-.'
__ Affect cannot be mitigated I
D. Compatibility with adjacent properties and other property in the distrlct:
Compatibl,~ use within district
l'
./ /1
Ye:i v No 1
- - I
/
Based on the above findings, this conditional use should, with(ltipulations, (copy attached) b
recommended for approval to the Board of Zoning Appeals. .
1
DATE: 1/15/ ~ _ MEMBER: I
/
._~ ~. EXHIBIT ,
Ag\nda Item No. 7A
\ June 8, 2004
bRAt) ~.~ e~.fi 45 of 54
~'..-."."_.." ._..,-
-, --",.-, -"-..~-",^
i
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2003-AR-4003
TIle following facts are f01md:
1. Section 2.6.33.4.1 Jfthe Land Development Code authorized the conditional use.
2. Granting the condi tional use will not adversely affect the public interest and will not
adversely affect o1her property or uses in the same district or neighborhood because
of:
A. ConsistenC;1 with the L7ent Code and Growth Managem,,,,' Plan:
Yes No
B. Ingress anc egress to property and proposed structures thereon with particular
reference t.) automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress /
Yes No
- -
C. Affects neighboring pro . es in relation to noise, glare, economh: or odor
effects:
No are or _ Affect mitigated by
- c., _ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the distril:t:
Compatibl, use within d~'
Yes_ No_
B.ased on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.. ~
DATE:!i / / 5' - CY MEMBER; f
EXHIBr
Agenda Item No.7 A
June 8,2004
Page 46 of 54
<- , FINDING OF FACT
I BY
COLIJER COUNTY PLANNING COMMISSION
FOR
ACONDnnONALUSEPE~ON
~.2003-AUR-4003
The following facts are f():md:
1. Section 2.6.33.4.1 ::lfthe Land Development Code authorized the conditional use.
2. Granting the condi tional use will not adversely affect the public interest and will not
adversely affect 01 her property or uses in the same district or neighborhood because
of:
A. Consistenc:{ with the Land Development Code and Growth Managemc:nt Plan:
Yes VNo
-
B. Ingress ane egress to property and proposed structures thereon with particulaJ
reference t) automotive and pedestrian safety and convenience, traffic flow
- and control, and access in case of tire or catastrophe:
Adequate ingress & egress
Yes v'" No
-
C. Affects m:ighboring properties in relation to noise, glare, economi(: orodo!
effects:
_ No dect or. _ Affect mitigated by l1tw tJ~.; '1r~,4
__ Affect cannot be mitigated .
D. Compatibility with adjacent properties and other property in the distril:t:
Compatible: use within district
, /
Yes t/ No
- -
Based on th,: above findings, this conditional use should, with stipulations, (copy attached) be
rec:ommended for approval to the Board of Zoning Appeals.
DATE: d~/( 5 / {} ,;[ MEMBER: 7Jt11- ~ /L
'/ / ! j, " ,
-- . /. 1:xti1l:IIT A
Agenda Item No. 7 A
June 8, 2004
Page 47 of 54
- "-_.. _...._n_" . .. _.'-~". ... .~~~----
.
FINDING OF F ACf
BY
e COLJJIER COUNTY PLANNING COMMISSION
FOR
A CONDmONAL USE PETITION
CU-2003-AR-4003
The following facts are fa und:
1. Section 2.6.33.4.1 of the Land Development Code authorized the conditional 'JSe.
2, Granting the cond ltiOnal use will not adversely affect the public interest and will not
adversely affect olher property or uses in the same district or neighborhooe. because
of:
A. Consistenc y with the Land Development Code and Growth Managemc:nt Plan:
Ye~ No /'
-
B. Ingress anc. egress to property and proposed structures thereon with )articular
reference tJ automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
f" e Adequate iJ 19ress & egress
Yes No /'
- -
C. Affects neighboring properties in relation to noise, glare, economil; or odor
effects:
_ No a:Iect or -K- Affect mitigated by S~'pu..) CA-~~l~
__ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the distri':t:
Compatiblf use within district
Yes - NoL
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: 0- J~~/O L{ MEMBER: ~}L 1~At:~
I:XHIP"- "
MOA~ndfitefi-C{\J~ 7A
June 8, 2004
Page 48 of 54
r
<-
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDfinONALUSE PETnaON
CU-2003-AR-4003
The following facts are found:
1. Section 2.6.33.4.1 of the Land Development Code authorized the conditionall1Se.
2, Granting the conditional use will not adversely affect the public interest and will n01
adv<:rsely affect o.her property or uses in the same district or neighborhood because:
of:
A. Consistenc y with the Land Development Code and Growth Managem'mt Plan:
Yc~ / No -
B. Ingress and egress to property and proposed structures thereon withparticula
reference to automotive and pedestrian safety and convenience, tnffic flov
,,_. and contro) , and access in case of fire or catastrophe:
Adequate hgress & egress
Yes - NoL
C. Affects nei ghboring properties in relation to noise, glare, economil; orodo
effects:
_ No atject or _ Affect mitigated by
~_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the distrbt:
Compatible: use within distri<;t
Yes No vi
- -
Based on the above findings, this conditional use should, with stipulations, (copy attached) b
recommended for approval to the Board of Zoning Appeals. \~ ./-----.
DATE: -to I (f 0 i < MEMBER: )~'\.- l~ lL-.
<-<
1:.xHIBIT J
-
Agenda Item No. 7 A
Ken 1-. ~>w ~J~'~~~~:
I
I
--,---,-..-.'-.'-'. .-..-.......,
._>~..~..... .---,..---.. .-....--
1 irld~ ad@lstein 239-732-0966
Apr- 19 04 02:25p
FINDING OF FACf
BY
C('LLIER COUNTY PLANNING COMMISSION
FOR
A CONDmONAL USE PETITION
CU-2003-AR-4003
The following filets are found:
L Section 2.6.33.4.1 of the Land Development Code authorized the condition31 use.
2. Granting the conditional use will not adversely affect the public interest llIld will no'
adversely affect other property or uses in the same distttt or neighborbcod because:
of:
A. Consister cy with the Land Development Code and Growth Management Plan;
y,~ _x_ No -
B. Ingress and egress to property and proposed structures thereon with particulw
reference to automotive and pedestrian safety and convenience, traffic fio"",
and contro~ and access in case of fire or catastrophe:
Adequate ingress & egress
Yes _"_ No -
C. Affects neighboring propenies in relation to noise, glare, economic or OdOI
effects:
_x_ No affect or _ Affect mitigated by -
__ Affect cannot be mitigated
D. Compatibil:ty with adjacent properties and other property in the district:
CompaUole use within district
Yes _"_ No
-
Ba'ied on th~ above findin;~s, this conditional use should. with stipulations, (copy attached) be
recommended for approval to the Board of Zo~~
--~
--
DA TE: l.{ II S" J D 4 _ MEMBER Lindy AD~~
I '
E lCHIBIT A
Agenda Item NO.7 A
June 8, 2004
Page 50 of 54
-----
- --~
FROM :REFLECTIONS FF~(IM A SIUvER I'GlD FAX NO. :12394179915 Ma':l. 10 2004 02: 04PM Pi
-,
FINDING OF FACT
BY
'-----./ . COLl.IER COUNTY PLANNING COMMISSION
<FOR
A CONDITIONAL<USE PETITION
CU-200~AR-4003
The following facts are fo'.md:
1. Section 2.6.33.4.1 < of the Land Development Code authorized the conditioDal us.:.
2. Granting the c:ondi tional < use will not adversely affect the public intereit aild will not
adversely affect other property or uses <in the: same district or neighborhood ~ecause
of:
A. Consinenc:, with the Land Development Code and Growth Management Plan:
Yes - NoX
B. Ingress and egress to property and proposed structures thereon with particular
- reference 10 automotive and pedestrian safety and OODvc:niCDCC, traffic flow
and control and access in case of tire or catastrophe:
'---" Adequate ilPSS &: egress
Yes_ NoL'
C. ' Affects nei,~boring properties in'relation to noise, glare;, economic'clf odor
effects:
_ N~fect 0: _ A1fect mitigated by -
. Affect cannot be mitigated
D. Compatibility withacijacem properties and other property in the district:
I
I
"
Compatible use within district ,
Yes_ .N04
Based on the above lindini:s. Ibis conditional use sboIiId, wi~OD:l,
=mmendod tr[vaJ to the Board of ZoDin&, Appeals... .
DA Tl'.: 4.r 0 rf MEMBER:- ---<-
,/ ,
- I
:
: ' .
'--/ IISIT A
Agenda Item No. 7 A
June 8, 2004
Page 51 of 54
,.~"'^' ---.- -... -.---
I
LEGAL DESCPRPTION
The north 12 of the Scutheast V. of the Southwest Y. of the Northeast V. of Sec lion 31,
Township 49 South, RiUlge 26 East
LESS:
The west thirty-feet (30) feet reserved for road right-of-way and utilities as reC<lrded in
OR. Book 6110, Page :989, Public Records of Collier County Florida
CU- 2003-AR.-40'-....
Agenda Item No. 7 ~Xl1ibit B
June 8. 200
Page 52 of 54
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- u, Exhibit C
Agenda Item N02'O~- ---
June 8,
Page 53 of 54
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CONDITIONS OF APPROVAL
1. The conditional use approval to allow a church and other places of worship is limited to
maximum of 400 seats and a maximum of 11,000 square feet in two buildings. The llse is furth4
limited to what is depicted ~m the site plan identified as "Apostolic Assembly of Faith in.Chri
Jesus" prepared by Kepple Engineering, Inc., dated 2/2/03, stamped Received Decemb<:r 29,2003
except as further conditioned below.
2. Approval of this conditional use permit shall not be construed as approval of the attache
conceptual sitoe plan; the site plan shall be formally reviewed and approved as part of the SD
proccss. No variances from any LDC requirements have been granted as part of the a:ceptance (
the subject site plan. If it is determined that the site plan is not in compliance with any LD
requirements, the site plan must be brought into compliance prior to the issuance of any si
development phn approval.
3. All lighting fixtures,:o include parking lot and security lighting must not exceed a height 0:
12 feet.
The following conditions are adopted as volunteered by the petitioner's agent at the CCPC hearing
4. Outdoor services are prohibited.
5. Outdoor loud speakcrs are prohibited.
6. The petitioner will provide sidewalks along the entire frontage of San Marcos Boulevard, a
part of the first phase of com truction
7. Day care uses are prchibited.
8. Outdoor recreation meas are prohibited.
9. The petitioner must r'~tain all native vegetation within the area designated as "Ex isting
Vegetation to Remain" on th~ site plan.
10. The petitioner must (:rovide a gate at the entrance.
11. This project must be;onstructed in full compliance with LDC Section 2.8 "Architectural
Standards" as if it were subje ct to those regulations.
Revised: 4/21/04
CU-2003-AR-40(]
Exh~hit
Agenda Item No.7 A
June 8,2004
G:\CLilTenI\Deselem\Conditional Ul es\Apostolic Church on San Marcus Blvd, AR-401p1~~1frar!f4-04.rtf
-<
EXECUTIVE SU~lMARY
Consider the adoption of an Ordinance establishing the Wentworth Estates Community
Development District (CDD) pursuant to section 190.005, Florida Statutes (FS).
OBJECTIVE:
The Board of County Commissioners to review and consider a petition for the establishment of
the Wentworth Estates COD by adoption of an ordinance.
CONSIDERATIONS:
On April 8. 2004, V.K. Development Corporation filed a petition with the Collier County Board
of County Commissioners for the establishment of the Wentworth Estates COD. A mandatory
$15,000 application fee accompanied the petition.
The proposed district covers 979::!: acres of land in portions of Sections 29, 30, 31 and 32,
Township 50 South, Range 26 East and is located entirely within Collier County. Florida.
Exhibit 1 depicts the general location of the project. The metes and bounds description of
extemal boundaries is set forth in Exhibit 2 of the petition and map showing the location of the
land area to be serviced by the district appears as Exhibit 3 to the petition.
-
The COD includes a portion of a previously approved Planned Unit Development (PUD) and
Development of Regional Impact (DRI) known as Wentworth Estates. The proposed COD
includes an area planned for approximately 1,100 units and amenities on 785::t acres. As of
March 21, 2004. the advertising date for this COD, no PUO amendment petitions for this project
had been filed with Collier County.
By adopting the Ordinance, the Board of County Commissioners authorizes the disu1ct, through
its Board of Supervisors, to manage and finance basic infrastructure for the benefit of the
landowners and residents of Wentworth Estates. This infrastructure, under section 190.012(1),
FS, includes basic urban systems, facilities and services: water supply, sewers and wastewater
management, surface water control and management (drainage), and roads, bridges and street
light.,. If adopted, this Ordinance would not constitute consent by the County to the further
petition for the exercise of additional special powers authorized by Section 190.012(2), FS.
These powers may include the operation of parks and facilities for indoor and outdoor
recreational, cultural and educational uses, as well as security, including, but not limited to,
guard-houses. fences and gates. electronic intrusion-detection systems and patrol cars. with
certain exceptions. In order to gain these additional powers, the newly created Board of
Supervisors would need to further petition the Board of County Commissioners at a later date.
The Board of Supervisors is initially elected for the first six years of the duration of this district
in a property-based election (one-acre, one-vote) that has been specifically ruled constitutional
rState of Florida v. Frontier Acres Community Development Dist., 472 So. 2d 455 (Fla. 1985)].
- By operation oflaw, in time. the Supervisors are elected on a one-person. one-vote basis.
Agenda Item No. 8A
I June 8, 2004
1 of 23
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Tn order to provide the basic systems, facilities and services, the district has certain management
and financing powers. It may only exercise those powers, however, if they comply with certain
strict and detailed procedural requirements including ethics in government, disclosure, conflict of
interest requirements, noticed meetings, government-in-the-sunshine conduct, accounting and
reporting requirements to various local and state agencies, consultants' competitive negotiation
procedures, competitive bidding procedures and others.
The adoption of the CDD ordinance does not constitute a form of development approval.
Adoption of the COD and compliance with these procedural requirements does not, in any way,
allow the district to manage and finance any of these services and facilities without a showing
that all legitimate policies, constraints, authorities, controls, permits or conditions on the
development of the land, whether local, regional, state or federal, and whether in the form of
policies, laws, rules, regulations or ordinances, have been complied with concerning
development of the property. In essence, adoption of the CDD ordinance does not exempt the
petitioner from compliance with any applicable local, regional, state or federal permitting or
regulatory processes. In this sense, the CDD is merely a mechanism to assure the County and
the landowners of the district that the provision of infrastructure and services for the PUD is
managed and financed in an efficient and economical way. Finally, in order to prevent potential
abuses of distri<.:ts by landowners or by other local governments, the Florida Legislature permits
that the charter of the district, in the general statute itself, may be amended only by the
Legislature.
"......... In order to provide these systems, facilities and services, the district also is given certain eminent
domain powers, within tight constraints, as well as the authority to require service charges, fees
or taxes for the various services rendered, ranging from installation of capital facilities to long-
term maintenance and repair. Without the County's consent by resolution, the aforementioned
eminent domain power is limited to the boundaries of the Wentworth Estates CDD.
The district may also issue revenue and other user bonds as well as general obligation bonds.
However, no general obligation bonds can be issued without a referendum and without a
showing that the bond will not exceed 35% of the assessed valuation of the property within the
district. Even with these safeguards and constraints, during the first six years of the district's
existence, the Board of Supervisors shall not issue general obligation bonds unless they first hold
elections on a one-person, one-vote basis for a new Board of Supervisors.
Accordingly, if Collier County adopts the ordinance, it establishes the Wentworth Estates
Community Development District as a management tool to benefit both Collier County's existing
and future landowners with pinpointed responsibility for timely, efficient, reliable and t1exible
service provision without burdening the existing taxpayers and financial structure of the County.
It will provide long-range and sustained quality service to initial and subsequent landowners
without burdening Collier County and its taxpayers.
Finally, such a district may not outlive its practical utility and usefulness. If it ceases to function
it will automatically be disbanded by state law. If at any time dm;ng its existence Collier County
determines by a non-emergency ordinance that it can provide anyone of the disuict services in a
.,...-...-
Agenda Item No. 8A
2 June 8, 2004
2 of 23
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more economical manner, over the long term, at lower cost but with higher quality, Collier
County may then take that service away from the district and provide the service itself.
Section 190.005, FS, provides that the exclusive and uniform method for establishment of a
COD of less than 1,000 acres shall be by county ordinance. Section 190.005, FS, outlines the
specific content required in the petition and further outlines six factors for the Board of County
Commissioncrs to considcr in dctcrmining whcthcr to grant or dcny a pctition for thc
establishment of a COD, as follows:
1. Whether all statements contained within the petition have been found to be true
and correct.
2. Whether the creation of the district is inconsistent with any applicable element or
portion of the state comprehensive plan or of the effective local government
comprehensive plan.
3. Whether the area of land within the proposed district is of sufficient size, is
sufficiently compact, and is sufficiently contiguous to be dcvelopable as onc
functional interrelated community.
4. Whether the district is the best alternative available for delivering community
development services and facilities to the area that will be served by the district.
5. Whether the community development services and facilities of the district will be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
.........',,,, 6. Whether the area that will be served by the district is amenable to separate
special-district government.
Legal, planning, transportation and public works staff has reviewed the petition and exhibits
submitted by the petitioners (attached) relative to these six factors and have found the proposed
Wentworth Estates COD petition to be compliant with each of the six review factors. Staff
analysis relative to the six factors can be found in Attachment 1.
According to Exhibit 8 of the petition, the Wentworth Estates Community Development District,
providing the ordinance is adopted, will assume responsibility for the following:
(1) General development of the approved uses within the district
(2) Roadways
(3) Stormwater Management
(4) Water
(6) Sewer
FISCAL IMPACT:
As previously noted, a $15,000 filing fee was submitted with the petition. Exhibit 10 of the
petition, Statement of Estimated Regulatory Costs, delineates the fiscal impacts and timing of
impacts to be managed by the district. Table 2 in Exhibit 10 estimates the costs of the district's
facilities is $53,795,775. Included in this estimate are stormwater management, utilities, roads,
."-~ water management. mitigation and related fees and permitting.
Agenda Item No. 8A
3 June 8,2004
3 of 23
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GROWTH MANAGEMEN"T IMPACT:
The Wentworth Estates CDD lies within the Urban Coastal Fringe Subdistrict designation on the
Collier County Future Land Use Map. Although the establishment of this district does not
constitute any development approval, the plan of development previously approved for the
subject property has bcen determined to be consistent with the Collier County Growth
Management Plan (GMP). Accordingly, any future petitions for rezone or development permits
will be subsequently reviewed at the time of submittal, subject to the requirements and
limitations specified in the Collier County Land Development Code (LDC), and required to be
consistent with the current GMP.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners adopt and enact the proposed
ordinance establishing the Wentworth Estates Community Development District.
~._,
Agenda Item No. 8A
, June 8, 2004
4 4 of 23
COLLIER COUNTY
<- BOARD OF COUNTY COMMISSIONERS
Item Number 8t\,
Item Summary Cor::-;:rH~r th~1 Adopt!()!1 of an D:"('~:n3nc.f: ~~5t::'lhljshir:g th~ \,'Vf:nt"/crth F..~tates
(\~m:'r:u!'ijt'>, Dcv~!(":pmer:~ Di:-;:r:r:t (GDD) pt;:"suar.~ to Sr;.::tj.:)n 19D 06~::.F10r:d3
St(jtl;~e$ (FSj.
Meeting Date d:8l2004 9'GO:DO Ai\~
Prepared By
Ja~"'n Sw~ai Pd,'l{~ip~: P:Qn~1!f Q;,:tf:J
Ccm;:n.:nity OPov."kJ.pment. &
En'yt="Qnrn~:"Jtai 5."rVl..~*~ C<'>r:l,~r"rwll!';i ~p. ;>:allniflll 5j11:Z00,;~ ~O:n3:<<)5 I'M
Approved By
r>atdc~ G. 'h1'::!a A"$~i$t~n~ Cl',;:'Ir:!y ..^..ttQrn~'i DQta
cc;,u':ty Ma:~<:.g*(~ O:f:t~~ C{;:..::~t,.. A!'!cr:"I~Y OH::.~a ~i15:2(j(j~ !l:21 AM
A pproved By
S:,r~c.:r."i Lc;;a ::'.ll.~!;j':~:VCl S*cr~ti;"::"Y D.,,:ta
c:.::.(~:-r:~f!lr{ D'~Y'Q;cpm~rJt.&. ::;::>f::m~:"!~ry Ch:.I,j.:!;opm~r~t &.
E:~"~:"o:":(:':~n~<:.: S~{'..d:'~~$ 2::~\>irC:11':":*!'lt.o.: S~n;,::;~s AcJ:nf~. ~.;1;;WjO~ 1fJ:Z~ AM
Appro\ed By
CI.~!IS~nt':~ A. JI.~h!,;~;:,.)f': O~~{~H6r:~; j).!;({.:y~:):. Dzt~
CC::F:1lJ::;ty ;)~\'~;opm(wt & Ccmnhln:"ty Dev~:opme:-:t &
- Er:'~r:r6r::~a~:-~t.~: S~Wy'i";f;!', :::'!I,tjrl~nn:qnt.~: S.q:Y:o:"'3~!' Adrr::n. S:Z1:Z()()4 S:UI) AM
ApproYed By
Dav;c Wcel\s. ft.;CP Ch:et P;3r::'~f DiZte
C0mm:.i~dty D~v03;C;:>f1~t:':1t .&
E:~....:ro:~~~~r:~<:: S~!'vk:~~ CC~;:FBh~n~!.....~ P!z.n~lr:g ~.;L1jda~ 2:1() PM
ApproYed By
C;,:~mm:"l:~~ty' D~'v~:(jp:n~nt &:
Jl~~*~.ih){. St~hmjt:. :;:l'...irl'';':W':''::C::1r<il: S~r.....;,~~-::; Adm::,,:~t;at!';; D;~t~
(>;:n~:;p;tY' D7\o'~;...~~rr;~;lt & C!,,;.p~m:Jr",;:'Y D~v~.,d,lp:'rl~i'lt &
f. rlV";; ():"H;'~r~t.~! $-t=!r":!;~~ f.:1vjr~:1r;:Q:'t~: S;.;:'V:c~~ Admin, ~:21:2a()4 1<l:l PM
Appro\ed By
p~~ l,~h~h:;:'ci l').,di:iir::~trQ.th(~ A~~i~t;'!n~ Q~~~
CO;Jr:ty Mil!las;~"s Office Gff:ce of MZ:r13g~m~!it .& 8w-:lg€t S,.2S:2QQ4 4:14 FM
A ppro\ed By
Mark ISil,:!(;:,-or: 8u,jgat A::a;yst D3~g)
Ccur-\y M~l'1ag"'r's Offic& Ottk'j:j 03t M3:1agemer.t .&. Bl:dgo::-t :iiZ7iZilli4 4::n PM
Approved By
Michi:icl Smy!1:ov;<;ki Management & Bl:dgo:t D;reclor Di:ite
CC-.11~ty M:&.n.&!:}~fr~ O:fktl {,Hfk:~ (.\f M&n<h)*Ha~nt &. B<..:dg~t ~i2:::j2(j(j~ 9A5 AM
A pproved By
.~- .JcHr:~~ V. Mudd C<..:..:nty' M~r:gg~r D,;":t~
8{~,;":fd I.~f County
CI,,~:'(1 ~:~:$sh~!'I~rs C~.;:;1~t.,., M~r:og~r'~ om:.;~ ~i:l1:2(j(j~ 1;15 PM
Agenda Item No. 8A
June 8, 2004
5 of 23
-..^ --'- -- -_..~-,,- -"--_.^~" ,...~.".'v_._v
BEFORE THE BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
PETITION TO ESTABLISH A COMMUNITY DEVELOPMENT DISTRICT
Petitioner, v. K. Development Corporation, (hereafter
"Petitioner") , hereby petitions the Collier County Board of County
Commissioners pursuant to the "Uniform Community Development
District Act of 1980," Chapter 190, Florida Statutes, to establish
a Community Development District (hereafter "District") with
respect to the land described herein. In support of this petition,
Petitioner states:
1. Location and Size. The proposed District is located
entirely vlithin Collier County, Florida. Exhibit 1 depicts the
gene::::-al location of the project. The proposed District covers
approximately 979 acres of land. The metes and bounds description
of the external boundaries of the District is set forth in Exhibit
2. A map of the District boundaries indicating the location of
each parcel within the proposed District is set forth in Exhibit 3.
2. Excluded Parcels. There are no parcels within the
external boundaries of the proposed District which are to be
excluded from the District.
3. Landowner Consent. Petitioner has obtained written
consent to establish the District from all Landowners, as defined
Agenda Item No. 8A
June 8, 2004
6 of 23
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in Chapter 190 Florida Statutes, in accordance with Section
190.005, Florida Statutes. Documentation of this consent is
contained in Exhibit 4.
4. Initial Board Members. The five persons designated to
serve as initial members of the Board of Supervisors of the
proposed District are as follows:
Name: Lydia Kiser
Address: 200 S . Orange Avenue, Suite 1900
Orlando, Florida 32801
Name: Justin Rowan
Address: 200 S. Orange .i\venue, Suite 1900
Orlando, Florida 32801
- Name: Steve Morrison
Address: 2158 Johnson Street
Ft. Meyers, Florida 33902-1550
Name: Chris Hagan
P,ddress: 2158 Johnson Street
Ft. rv:eyers, Florida 33902-1550
Name: David Tricker
Address: 200 Vista Lane
Naples, Florida 34119
All of the above-listed persons are residents of the state of
Florida and citizens of the United States of America.
5. Name. The proposed name of the District is Wentworth
Estates Community Development District.
6. Future Land Uses. The future general distribution,
location, and extent of the public and private land uses proposed
for the District by future land use plan element of the County's
-,
Future Land Use Plan is identified on Exhibit 5. The proposed land
Agenda Item No. 8A
June 8, 2004
7 of 23
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uses for lands contained within the proposed District are
consistent with the approved County Future Land Use Plan and
Planned Unit Development approval granted by Collier County on
September 23, 2003.
7. ~aior Water and Wastewater Facilities. There are no
existing major trunk water mains and wastewater interceptors within
the currently undeveloped lands proposed to be included within the
District. Exhibit 6 indicates the major outfall canals and drainage
basins for the lands within the proposed District. The existing
'.va ter maln and wastewater forcemian adjacent to the proposed
District are shown in Exhibit 7.
8. District facilities and services. Exhibit 8 describes
the type of facilities Petitioner presently expects the District to
finance, construct and install. The estimated costs of
construction and a proposed construction timetable are contained in
Exhibit 9. Actual construction timetables and expenditures will
likely vary, due in part to the effects of future changes in the
economic conditions upon costs such as labor, services, materials,
interest rates and market conditions.
9. Statement of Estimated Reoulatorv Costs. Exhibit 10 is
the statement of estimated regulatory costs ("SERC") prepared in
accordance with the requirements of Section 120.541, Florida
Statutes (2003) . The SERC is based upon presently available data.
The data and methodology used in preparing the SERC accompany it.
Agenda Item No. 8A
June 8, 2004
8 of 23
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10. Authorized Agent. The Petitioner, is authorized to do
business in Florida. The authorized agent for the Petitioner is:
Sanjay Kuttemperoor, Esq. See Exhibit 11 - Authorization of Agent.
Copies of all correspondence and official notices should also be
sent to:
Jonathan T. Johnson
HOPPING GREEN & SAV.S, P.A.
123 South Calhoun Street
Post Office Box 6526
Tallahassee, FL 32314
1l. This petition to establish the Wentworth Estates
- Community Development District should be granted for the following
reasons:
a. Establishment of the District and all land uses and
services planned within the proposed District are not inconsistent
'/'lith applicable elements or portions of the effective State
Comprehensive Plan or the County Comprehensive Plan.
b. The area of land within the proposed District is part of
a planned community. It is of a sufficient size and is
sufficiently compact and contiguous to be developed as one
functional and interrelated community.
c. The establishment of the District will prevent the
general body of taxpayers in the County from bearing the burden for
installation of the infrastructure and the maintenance of certain
--
facilities within the development encompassed by the District.
Agenda Item No. 8A
June 8, 2004
9 of 23
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The District is the best alternative for delivering community
development services and facilities to the proposed community
without imposing an additional burden on the general population of
the local general-purpose government. Establishment of the
District in conjunction with a comprehensively planned community,
as proposed, allows for a more efficient use of resources.
d. The community development services and facilities of the
District will not be incompatible with the capacity and use of
existing local and regional community development services and
facilities. In addition, the establishment of the District will
provide a perpetual entity capable of making reasonable provisions
for the operation and maintenance of the District's services and
facilities.
e. The area to be served by the proposed District is
amenable to separate special-district government.
WHEREFORE, Petitioner respectfully requests the County
Commission of Collier County, Florida to:
a. schedule a public hearing in accordance with the
requirements of Section 190.005(2) (b), Florida Statutes (2003);
b. grant the petition and adopt an ordinance establishing the
District pursuant to Chapter 190, Florida Statutes;
Agenda Item No. SA
June S, 2004
10 of 23
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RESPECTFULLY SUBMITTED, this _ day of , 2004.
HOPPING GREEN & SAMS, P.A.
BY:
Jonathan T. Johnson
Florida Bar No. 986460
123 Sou~h Calhoun Street
Post Office Box 6526
Tallahassee, FL 32314
(850 ) 222-7500 (telephone)
(850 ) 224-8551 (facsimile)
-< Attorney for Petitioner
-
2;)3335.3
Agenda Item No. 8A
June 8, 2004
11 of 23
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WENT\VORTH ESTATES
COMMU~ITY DEVELOPMENT DISTRICT
Proposed Infrastructure Plan
Facility Construction Ownership Capital Financing Operation and
Funded by Maintenance
Roads COO County/COO. Capital Improvement Revenue Bonds County/COD.
Water & Waste Water COD County Capital Improvement Revenue Bonds County
Surface Water Management COD COO Capital Improvement Revenue Bonds COO
*Collier County will own, operate and maintain Southwest Boulevard. FDOT will own, operate and maintain
roadway improvements in the U.S. 41 right-of-way.
"-,,
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Agenda Item No. 8A
June 8, 2004
13 of 23
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ATTACHMENT 1
STAFF ANALYSIS RELATIVE TO THE SIX (6) FACTORS
FOR COMMU~ITY DEVELOPMENT DISTRICT FORMATION
FOR THE WENTWORTH ESTATES CDD
Back2round:
Set:tion 190.005, Florida Statutes, outlines the spedfic content required within a Community
Development District (COD) petition and further outlines the six factors for the Collier County
Board of County Commissioners to consider in determining whether to grant or deny a petition
for the establishment of a COD, as follows:
l. Whether all statements contained within the petition have been found to be true
and correct.
,., Whether the creation of the district is inconsistent with any applicable element or
portion of the state comprehensive plan or of the effective local government
t:omprehensi ve plan.
3. Whether the area of land within the proposed district is of sufficient size, is
sufficiently compact, and is sufficiently contiguous to be developable as one
functional interrelated community.
4. Whether the district is the best alternative available for delivering community
development services and facilities to the area that will be served by the district.
5. Whether the community development services and facilities of the district will be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
6. Whether the area that will be served by the district is amenable to separate
special-district government.
The Comprehensive Planning Department reviewed the six factors referenced above and offers
the following regarding to the proposed Wentworth Estates Community Development District:
1. Whether all statements contained within the petition have been found to be true and
correct.
Comprehensive Planning staff, along with the Office of the County Attorney, the Utilities
Engineering Department and the Transportation Planning Department, has reviewed the
referenced CDD for sufficiency and compliance. Based upon the review of the petition and
information therein, staff is of the opinion that the information found within these documents is
substantially true and correct
2. Whether the creation of the district is inconsistent with any applicable element or
portion of the state comprehensive plan or of the effective local government
comprehensive plan.
The Wentworth Estates PUD, formerly known as the Lely Lakes PUD, was originally approved
by ordinance by the Board of County Commissioners in 2003. As part of the approval process,
Agenda Item No. 8A
1 June 8, 2004
14 of 23
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the developments were found to be consistent with the Growth Nfanagement Plan (GMP) in
effect at that time. The entire PUD and proposed COD lies within the Urban Coastal Fringe
Subdistrict designation on the Collier County Future Land Use Map.
A COD is a unit of local government established specifically for carrying out the approved
Master Development Plan and commitments of the Wentworth Estates PUD. The COD does not
authorize any form or amount of development not previously approved by the Board of County
Commissioners. Therefore, staff finds that the establishment of the COD is consistent with the
GMP.
As to consistency with the State Comprehensive Plan, the County staff notes that the COD
process is established within Section 190 of the Florida Statutes (FS). The petitioner has not
deviated from the standard process, as established by Section 190, FS. Section 187.201, FS,
contains the text of the State's Comprehensive Plan. Subsection (2)(a) is the State Plan Goal for
Governmental Efficiency, which reads as follows:
Goal -- Florida governments shall economically and efficiently provide the amount and quality
of services required by the public.
Policy 2 -- Allow the creation of independent special taxing districts, which have uniform
general law standards and procedures and do not overburden other governments and their
- taxpayers while preventing the proliferation of independent special taxing districts, which do not
meet these standards.
As an "independent special taxing district", the proposed CnD is consistent with the State
Comprehensive Plan.
3. Whether the area of land within the proposed district is of sufficient size, is
sufficiently compact and is sufficiently contiguous to be developable as one
functional interrelated community.
The proposed Wentworth Estates CDO, if approved, will be one of the County's larger COOs
consisting of I.979 acres. The BCC has previously approved other large COD's:
VeronaWalk COD (I.785 acres)
Lely Egret COD (:1:2,893 acres)
Pelican Marsh (:1:2,075 acres)
Fiddlers Creek COD #2 (I.999 acres)
Mediterra SouthfExpansion (:t1,113 acres)
Based upon this prevIOUS expenence and the subsequent success of these COD's,
Comprehensive Planning Section staff is of the opinion that the Wentworth Estates Community
Development District meets the above criteria.
<""-,
Agenda Item No, 8A
2 June 8, 2004
15 of 23
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4. Whether the district is the best alternative available for delivering community
development services and facilities to the area that will be served by the district.
There arc alternatives available for the provision of infrastructure and services by and for an
approved development. These include, but are not limited to the following: private funding
procured by the developer; establishment of a homeowners association; establishment of a
Municipal Services Taxing Unit (MSllJ); establishment of a Municipal Services Benefit Unit;
establishment of a Community improvement District (limited to drainage and irrigation related
improvements); establishment of a County-managed special purpose district; or, direct County
management. All of these alternative options have various legal, financial or other limitations on
their operations or do not provide a focused, compact approach to the provision of infrastructure
and services. The Wentworth Estates COO shall prevent the general body of taxpayers in Collier
County from bearing the burden for the installation of the infrastructure and the maintenance of
certain facilities within the district. Therefore. staff finds that the establishment of the
Wentworth Estates COD is the best alternative available for delivering community development
services and fadlities to the community without imposing an additional burden on the general
population of Collier County.
5. Whether the community development senices and facilities of the district will be
incompatible with the capacity and uses of existing local and regional community
development senices and facilities.
The proposed CDO cannot develop any facilities and services that are incompatible with the
surrounding area. The COD's sole purpose is to implement conditions and developer
commitments that were part of the original PUO and ORI approvals. The District Board of
Supervisors will not have the legal authority to implement any facilities, services or development
that would be inconsistent with its existing development approvals.
6. Whether the area that will be served by the district is amenable fo separate special-
district government.
Based upon staff findings concerning the previous five criteria, the Comprehensive Planning
Department staff finds that the subject area for the proposed COD is amenable to special district
government. Furthermore, staff recommends that the Board of County Commissioners adopt the
ordinance, as contained in Attachment 1, establishing the Wentworth Estates Community
Development District.
Agenda Item No. SA
3 June S, 2004
16 of 23
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BACKUP INFORMATION
FOR COMMUNITY DEVELOPMENT DISTRICTS
Community Development Districts (COOs) are a financial mechanism designed to provide
community infrastructure, basic services and necessary facilities, along with operation and
maintenance, to planned residential communities. The formation of a COD places all property
owners within the subject development under the jurisdiction of the COD.
CDDFACTS
COOs are not a form of development approval and do not serve to permit construction. In fact,
the subject project is generally approved prior to submittal of a COD petition.
The formation and operation of community development districts is governed through
provisions contained in Section 190, Florida Statutes. The State must approve proposed dislricLs
comprising 1,000 acres of land or more. However, the local government, having jurisdiction
over the project, area may approve disuicts of less than 1,000 acres.
A request to establish a COD is made through a petition that specifically addresses the criteria
under Section 190, F.S.
The local government (Collier County Board of County Commissioners) grants the petition
<- through adoption of an ordinance that establishes the COD.
The primary purpose of a COD is to provide a long-term financing mechanism for community
infrastructure and services through the following mechanisms:
1. Tax Assessments
2. Ad Valorem Taxation
3. Bond Issues
COOs are managed through an elected District Board of Supervisors. The Board of Supervisors
may hire staff, enter into leases and contracts, sign inLerlocal agreements wiLh other local
governments and manage financial affairs related to its functions.
The provisions of the Florida Sunshine Law govern CDO Boards of Supervisors.
COOs do not function as general-purpose local governments, do not have home-rule power and
do not assume any powers of regular local governments. However, at the option of the local
government, a COD may assume certain additional powers, such as provision of security,
mosquito control and park operations.
COOs must disclose their existence and the resulting financial impacts to lot purchasers and/or
landowners within the subject area through sales contracts and public notices.
--, Under Florida law, individual lot and parcel owners are indemnified from any liens or
foreclosures due to default of the COO on its debt instruments.
1 Agenda Item No. 8A
June 8,4000:404
17 of 23Es
."'"_'..W'.._ ----
When and if the population of the COO area reaches 5,000, a referendum on whether to
incorporate is required. However, if an affirmative vote results, no automatic incorporation
occurs, and no new city results (at least immediately) thereby.
cno incorporation into a new city is governed by the procedures, requirements and limitations
contained in Sections 165.061 and 165.241, F.S. These are the same statutes that govern the
incorporation of any other area into a local government.
Section 190, F.S., which governs the formation and operation of COOs, contains criteria for the
disbanding of COOs once they have outlived their usefulness.
If at any time during the COD's existence Collier County determines, by a non-emergency
ordinance, that the County can provide anyone of the district services in a more economical
manner over the long term, at lower cost but with higher quality, the County may then remove
that service [rom the distriCl and provide lhe service itself.
Section 190.005, F.S. outlines the specific content required in the petition and further outlines
six factors for the local government to consider in determining whether to grant or deny a
petition for the establishment of a COD, as follows:
1. The truthfulness of statements within the petition.
') Consistency of the petition with the state comprehensive plan or of the effective
local government comprehensi ve plan.
3. Does the size, compactness and contiguity of the proposed district allow it to be developable
as one functional interrelated community?
4. Is the district the best available alternative for delivering community development services
and facilities to the subject area?
5. Are the proposed community development services and facilities of the district incompatible
with lhe capacily and uses o[ existing local and regional community [acililies and services?
6. Is the area to be served by the district amenable to separate special-district government?
Collier County legal, planning, transportation and public works staff reviews all COD petitions and
exhibits submitted by the petitioners relative to these six factors. Staff then makes a
recommendation to the Board of County Commissioners for either approval or denial, based upon
the petitioner's compliance with the aforementioned six factors.
The Collier County Comprehensive Planning Department prepared this item for use by the
Board of County Commissioners, when considering approval of a CDO petition.
2 Agenda Item No. 8A
June 8,400fi404
18 of 23Es
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Wentworth Estates Community Development District
Construction Cost Summary
On-Site Construction
Master Infrastructure
Stormwater Management $ 14,758,543.00
Utilities $2,478,059.00
Parcel Specific Infrastructure
Stormwater Management $ 15, 194, 141.00
Utilities 53,632,854.00
Off-Site Roadway Construction
Improvements at U.S. 41 and SW Blvd. 5240,461.00
Improvements at U.S. 41 and Main Entry 5249,193.50
Improvements to Southwest Blvd. 5702,670.40
U.S. 41 Lighting Donation 5250,000.00
Transportation Mitigation Fee 5392,800.00
<-
Drainage Construction for Lely Canal
Swales 550,000.00
Pump 5100,000.00
Mitigation 51,800,000.00
Subtotal $39,848,721.90
Design (6%) 52,390,923.31
Permitting (6%) 52,390,923.31
Stakeout and CAlC 0 (3%) 51,195,461.66
Contingency (20%) $7,969,744.38
Project Total $53,795,774.56
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Agenda Item No. 8A
June 8, 2004
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ORDINANCE NO. 04- -
AN ORDINANCE ESTABLISHING THE WENTWORTH ESTATES COMM:UNITY
DEVELOPMENT DISTRICT; DESCRIBING THE EXTERNAL BOUNDARIES OF THE
DISTRICT; NAMING THE INITIAL MEMBERS OF THE DISTRICT'S BOARD OF
SUPERVISORS; NAMING THE DISTRICT; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, V.K. Development Corporation has petitioned the Board of County
Commissioners (Board) of Collier County, Florida, a political subdivision of the State of Florida,
to establish the WEN1WORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT
(District); and
WHEREAS, the Board of County Commissioners, after proper published notice has
conducted a public hearing on the petition and determined the following with respect to the
factors to be considered in Section 190.005(1 )(e), as required by Section 190.005(2)(c), Florida
Statutes:
l. The petition is complete in that it meets the requirements of Sections 190.005
(1 )(e) 2., and 190.005(2)(a), Florida Statutes; and all statements contained within
the petition are true and correct.
2. Establishment of the proposed District is consistent with any applicable element
or portion of the local comprehensive plan of Collier County, known as the
Collier County Growth Management Plan or the State Comprehensive Plan.
3. The area of land within the proposed District is of sufficient size, is sufficiently
compact and contiguous to be developable as one functional interrelated
community.
4. The District IS the best alternative a vailab Ie for delivering community
development services and facilities to the area that will be serviced by the District.
5. The community development services and facilities of the District will not be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
6. The area that will be served by the District is amenable to separate special-district
government; and
WHEREAS, it is the policy of this State, as provided for in Section 190.002 (2)(c).
Florida Statutes, that the exercise by any independent district of its powers as set forth by
uniform general law comply with all applicable governmental laws, rules, regulations and
policies governing planning and permitting of the development to be serviced by the district, to
ensure that neither the establishment nor operation of such district is a development order under
Agenda Item No. 8A
1 June 8, 2004
20 of 23
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chapter 380 and that the district so established does not have any zoning or permitting powers
governing development; and
WHEREAS, Section 190.004 (3), Florida Statutes, provides that all governmental
planning, environmental, and land development laws, regulations, and ordinances apply to all
development of the land within a community development district. Community development
districts do not have the power of a local government to adopt a comprehensive plan, building
code, or land development code, as those terms are defined in the Local Government
Comprehensive Planning and Land Development Regulation Act. A district shall take no action
which is inconsistent with applicable comprehensive plans, ordinances, or regulations of the
applicable local general-purpose government; and
WHEREAS, pursuant to Section 190.012, Florida Statutes, upon the establishment of the
proposed community development district, the District Board of Supervisors will have the right
to seek consent from Collier County for the grant of authority to exercise special powers without
question as to the continued right authority and power to exercise its limited powers as
established by this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AUTHORITY FOR ORDINA~CE
<-
This Ordinance is adopted pursuant to Section 190.005 (2), Florida Statutes, and other
applicable provisions of law governing county ordinances.
SECTION TWO: EST ABLISHMENT OF THE WE~TWORTH ESTATES
COMMUNITY DEVELOPMENT DISTRICT.
The Wentworth Estates Community Development District is hereby established VI/ithin
the boundaries of the real property described in Exhibit "A" attached hereto and incorporated by
reference herein.
SECTION THREE: DESIGNATION OF INITIAL BOARD MEMBERS
The following five persons are herewith designated to be the initial members of the Board
of Supervisors:
1. Lydia Kiser 4. Coo s Ha!2,"an
200 S. Orange Avenue #1900 2158 Johnson Street
Orlando, FL 32801 Ft. Myers, FL 33902-1550
2. Justin Rowan 5. David Tricker
200 S. Orange Avenue #1900 200 Vista Lane
Orlando, FL 32801 Naples, FL 34119
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Agenda Item No. 8A
2 June 8, 2004
21 of 23
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3. Steve Morrison
2158 Johnson Street
Ft. Myers, FL 33902-1550
SECTION FOUR: DISTRICT NAME
The community development district herein established shall henceforth be known as the
"Wentworth Estates Community Development District."
SECTION FIVE: STATUTORY PROVISIONS GOVERNING DISTRICT
The provisions of Chapter 190, Florida Statutes, and all other applicable general and local
law shall govern the Wentworth Estates Community Development District.
SECTION SIX: CONSENT TO SPECIAL POWERS:
Upon the effective date of this Ordinance, the Wentworth Estates Community
Development District shall be duly and legally authorized to exist and exercise all of its general
and special powers as limited by law; and has the right to seek consent from the Collier County
Board of County Commissioners for the grant of authority to exercise special powers in
accordance with Section 190.012(2), Florida Statutes, without question as to the district's
continued right. authority and power to exercise its limited powers as established by this
Ordinance. The District Board's authority to exercise special powers may include the power to
plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain
additional systems and facilities for: (i) parks and facilities for indoor and outdoor recreational,
cultural, and educational uses; and (ii) security, including, but not limited to, guardhouses, fences
and gates, electronic intrusion-detection systems, and patrol cars, when authorized by proper
governmental agencies; except that the District may not exercise any police power, but may
contract with the appropriate local general-purpose government agencies for an increased level
of such services within the District boundaries; all as authorized and described by Section
190.012 (2)(a) through (d), Florida Statutes.
SECTION SEVE~: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, amI independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION EIGHT: ~CLUSION IN CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered
or relettered to accomplish such, and the work "ordinance" may be changed to "section",
"article", or any other appropriate word.
Agenda Item No. 8A
3 June 8, 2004
22 of 23
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SECTION NINE: EFFECTIVE DATE:
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this 8th day of June, 2004.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST: DWIGHT E. BROCK
BY:
DONNA FIALA, CHAIRMAN
Deputy Clerk
.-
Approved as to form
And legal sufficiency:
PATRICK G. WHITE
Assistant County Attorney
JES
^.,-.
Agenda Item No. 8A
4 June 8, 2004
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EXECUTIVE SUMMARY
Public Hearina for the 2003 1 st Cycle of Growth Manaaement Plan Amendments.
(Transmittal Hear/no)
OBJECTIVE:
For the Board of County Commissioners to review the 2003 1 st cycle of amendments to the
Collier County Growth Management Plan and consider approving said amendments for
transmittal to the Florida Department of Community Affairs.
CONSIDERATIONS:
. Chapter 163, F.S., provides for an amendment process for a local government's adopted
Growth Management Plan.
. The 2003 151 cycle of amendments consists of four private sector petitions and'six County-
initiated Amendment petitions.
. The Collier County Planning Commission (CCPC), sitting as the "local planning agency"
under Chapter 163.3174, F.S., held their Transmittal hearing on May 20,2004 for nine of
the petitions, and on June 3,2004 for one petition.
. This Transmittal hearing considers amendments to the following Elements of the Plan:
,- 0 Future Land Use Element (FLUE) and Future Land Use Map Series
0 Golden Gate Area Master Plan (GGAMP) and Future Land Use Map Series
0 Conservation and Coastal Management Element (CCME)
0 Capital Improvement Element (CIE)
0 Transportation Element (TE)
0 Immokalee Area Master Plan (lAMP)
Note: All support materials are not included - the application packages for the four private
sector petitions are excluded due to their volume and oversize exhibits. However, the complete
package of support information is included in a separate notebook provided to the Board of
County Commissioners and available for review in the Comprehensive Planning Department
office.
FISCAL IMPACT:
There are no fiscal impacts to Collier County as a result of these amendments since final action
is not being taken at this time (these amendments are not being considered for adoption at this
hearing). If approved for transmittal, these amendments will subsequently be considered for
adoption at hearings to be held in late 2004. Some amendments will necessitate use of existing
staff resources (and possibly, consultants under existing contract) to initiate related,
implementing amendments to the Land Development Code.
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Agenda Item No. 88
June 8, 2004
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GROWTH MANAGEMENT IMPACT:
Approval of these amendments by the Board of County Commissioners for Transmittal to the
Florida Department of Community Affairs will eommence the Department's ninety (90) day
review process and ultimately return these amendments to the Planning Commission and the
Board of County Commissioners for final Adoption hearings to be held late in 2004.
ENVIRONMENTAL ISSUES:
No listed plant or animal species have been observed or are known to be on any of the sites
encompassed by these amendments and the sites are not known to contain jurisdictional
wetlands. As part of the process of obtaining subsequent development orders, the sites will be
subject to all applicable local, state and federal environmental protection regulations.
HISTORICAU ARCHAEOLOGICAL IMP ACT:
None of these amendments to the Growth Management Plan contain lands identified as being in
areas of historical or archaeological probability.
EAC RECOMMENDATION:
Growth Management Plan amendments such as these are not reviewed by the EAC.
PLANNING SERVICES STAFF RECOMMENDATION:
.,....,
Staff's recommendation follows each individual petition listed below, and is shown on the CCPC
Recommendation document.
1. PETITION CP-2002-2, Future Land Use Element (FLUE) and Future Land Use Map
(FLUM), and Map Series.
Petition requesting amendment to the Future Land Use Element and Future Land Use Map.
to modify Rural Fringe Mixed Use District Receiving Lands, to add "Naples Big Cypress
Commerce Center Commercial Subdistrict" allowing commereial uses for a 9.70::! acre
parcel located at the northwest corner of US-41 East and Trinity Place, in Section 17,
Township 51 South, Range 27 East.
Staff Recommendation: That the CCPC forward the petition to the BCC with a
recommendation to Transmit to the Florida Department of Community Affairs, as modified by
staff.
CCPC Recommendation: See document titled "CCPC Recommendations from their May 20,
2004 Public Hearing on the 2003 cycle 1 Growth Management Plan Amendments."
2. PETITION CP-2003-1, Future Land Use Element (FLUE) and Future Land Use Map (FLUM),
and Map Series.
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Agenda Item No. 88
June 8, 2004
2 2 of 250
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Petition requesting amendment to the Future Land Use Element and Future Land Use MaD.
to expand Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, and to restrict some
uses in this expansion area, to include 15.88:t acres located on the north side of Vanderbilt
Beach Road and 1f.t mile west of CR-951 , in Seetion 34, Township 48 South, Range 26 East.
Staff Recommendation: That the CCPC forward the petition to the BCC with a
recommendation to Transmit to the Florida Department of Community Affairs, as modified by
staff.
CCPC Recommendation: See document titled "CCPC Recommendations from their May 20,
2004 Publie Hearing on the 2003 cycle 1 Growth Management Plan Amendments."
3. PETITION CP-2003-2, Future Land Use Element (FLUE) and Future Land Use Map
(FLUM), and Map Series.
Petition requesting amendment to Future Land Use Element and Future Land Use MaD, to
establish Livingston/Radio Road Commerciallnfill Subdistrict, allowing commercial uses in
the C-3 district with a maximum of 50,000 square feet, for a :t5 acre parcel located at the
northwest corner of Livingston and Radio Roads, in Section 36, Township 49 South, Range
25 East.
Staff Recommendation: That the CCPC forward the petition to the BCC with a
recommendation to Transmit to the Florida Department of Community Affairs, as modified by
._, staff.
CCPC Recommendation: See document titled "CCPC Recommendations from their May 20,
2004 Public Hearing on the 2003 cycle 1 Growth Management Plan Amendments."
4. PETITION CPSP-2003-3, Future Land Use Element (FLUE) and Future Land Use Map
(FLUM), and Map Series.
Petition requesting amendment to the Future Land Use Element and Future Land Use MaD,
to establish LivingstonNeteran's Memorial Boulevard Commerciallnfill Subdistrict, allowing
commercial uses in the C-1 district with a maximum of 50,000 square feet, for a:t 2.25 acre
parcel located at the southeast corner of Livingston Road North-South and Livingston Road
East-West, in Section 13, Township 48 South, Range 25 East.
Staff Recommendation: That the CCPC forward the petition to the BCC with a
recommendation to Transmit to the Florida Department of Community Affairs, as modified by
staff.
CCPC Recommendation: See document titled "CCPC Recommendations from their May 20,
2004 Publie Hearing on the 2003 cycle 1 Growth Management Plan Amendments."
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Agenda Item No. 88
June 8, 2004
3 3 of 250
5. PETITION CPSP-2003-1 0, Golden Gate Area Master Plan (GGAMP) and Gulden Gate
Area Master Plan Future Land Use Map (GGAMP FLUM), and Map Series.
Petition requesting Phase II amendments to the Golden Gate Area Master Plan lGGAMP)
text and Future Land Use Map and Map Series, primarily as a result of the reeommendation
of the GGAMP Restudy Committee to include:
A. Changes to the Golden Gate Are'3. Future Land Use Map (FLUM):
1. To establish a new commercial subdistrict, the "Collier Boulevard Commercial
Subdistrict", in Golden Gate City on the west side of Collier Boulevard, between
Golden Gate Parkway and Green Boulevard.
2. To establish a second new commercial subdistrict, also in Golden Gate City, to
be known as the "Downtown Center Commercial Subdistrict," located generally
along the eastern portion of Golden Gate Parkway.
3. To expand the existing Santa Barbara Commercial Subdistrict designation one
block further east.
4. To amend the Golden Gate Area Master Plan Future Land Use Map to show all
Neighborhood Centers.
5. To amend all maps relative to the Everglades Boulevard/lmmokalee Road
Neighborhood Center to exclude the fire station site at the SW corner of this
Intersection.
6. To amend the Golden Gate Area Master Plan Future Land Use Map to correct
the title in legend and Map body for the Commercial Western Estates Infill
Subdistrict. Also, to amend the Subdistrict Map to correctly show the Estates
.'-'.. Land Use pattern extending north of Vanderbilt Beach Road.
7. To delete Map 17, showing the South Golden Gate Estates Natural Resource
Protection Agency.
8. Renumbering of Maps 15 and 16 to reflect order referenced in Table of
Contents and text.
B Changes to the Golden Gate Area Master Plan Text:
1. Revisions to text regarding the Conditional Uses Subdistrict to prevent any
new commercial or conditional uses from being established on Golden Gate
Parkway, between Livingston Road and Santa Barbara Boulevard.
2. A revision to exceptions to the Conditional Use Subdistrict clarifying that
conditional use permits related to model home center temporary use permit
time extensions are not subject to locational criteria.
3. Addition of a new policy related to the 1-75 Interchange at Golden Gate
Parkway complementary to the proposed revisions to the Conditional Uses
Subdistrict.
4. Revisions to the criteria for the Neighborhood Center Subdistrict recognizing
permitted and conditional uses relative to the Estates Future Land Use
Designation, and establishing landscaping and architeciulaJ cdteria.
5. Addition of text reflecting the creation of the Collier Boulevard and Downtown
Center Commercial Subdistricts and the expansion of the Santa Barbara
Commercial Subdistrict.
6. The addition of new Goals, Objectives and Policies related to rural character,
transportation, Golden Gate City and Emergency Management.
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Agenda Item No. 88
June 8, 2004
4 4 of 250
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,"'".
7. Revising the title of the "Agricultural/Rural Designation - Settlement Area
District" to "Agricultural/Rural Designation - Rural Settlement Area District" to
be consistent with usage in the Golden Gate Area Master Plan Future Land
Use Element and Future Land Use Map series.
8. Revising the text of the Southern Golden Gate Estates Natural Resource
Protection Area.
9. Revising the text of the Everglades Boulevard/lmmokalee Road
Neighborhood Center to decrease the acreage for the southeast corner.
10. Any text changes or revisions necessary for the purposes of format
consistency.
Staff Recommendation: That the CCPC forward the petition to the BCC with a
recommendation to Transmit to the Florida Department of Community Affairs, as modified by
staff.
CCPC Recommendation: See document titled "CCPC Recommendations from their May 20,
2004 Public Hearing on the 2003 cycle 1 Growth Management Plan Amendments."
6. PETITION CPSP-2003-11, Various Elements (as listed below) - major portion of this
petition (all except wildlife policies).
Petition requesting various "glitch" amendments consisting of technical corrections,
clarifications and additional terminology to the Future Land Use Element (FLUE),
r- Conservation and Coastal Management Element (CCME), Capital Improvement Element
(CIE), Transportation Element (TE). and Golden Gate Area Master Plan Element (GGAMP),
pertaining to the Rural Fringe Area and the Rural (Eastern) Lands Stewardship Area.
Staff Recommendation: That the CCPC forward the petition to the BCC with a
recommendation to Transmit to the Florida Department of Community Affairs.
CCPC Recommendation: See document titled "CCPC Recommendations from their May 20,
2004 Public Hearing on the 2003 cycle 1 Growth Management Plan Amendments."
7. PETITION CPSP-2003-12, Future Land Use Element (FLUE) and Future Land Use Map
(FLUM), and Map Series, Transportation Element (TEl. Conservation and Coastal
Management Element (CCME), and Capital Improvement Element (CIE).
Petition requesting amendments to the Future Land Use Element (FLUE) and Future Land
Use Mac (FLUM). Transportation Element (TE). Conservation and Coastal Manaaement
Element (CCME) and Caoitallmorovement Element (CIE) to include:
1. Amend CCME and CIE to clarify the FLUE determines allowable
density in the Coastal High Hazard Area.
2. Amend TE and CIE to include review of conditional use petitions,
Stewardship Receiving Area petitions, and FLUE amendment
petitions for impacts upon public facilities.
3. Amend the Density Rating System in the FLUE to further explain how
density is calculated; to further clarify accessory dwellings not subject
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Agenda Item No. 88
June 8, 2004
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to the Density Rating System; to identify when density may be allowed
beyond that permitted by the Density Rating System; and, to further
limit the applicability of the Conversion of Commercial Zoning Density
Bonus.
4. Amend the FLUE to delete the requirement to have access onto
Eatonwood Lane from the Livingston Road/Eatonwood Lane
Commerciallnfill Subdistrict.
5. . Add two maps to the FLUM Series, one depicting the Copeland Urban
Area and one depicting the Plantation Island Urban Area to show
greater detail of these two Areas.
6. Other minor and incidental text changes.
Staff Recommendation: That the CCPC forward the petition to the BCC with a
recommendation to Transmit to the Florida Department of Community Affairs.
CCPC Recommendation: See document titled "CCPC Recommendations from their May 20,
2004 Public Hearing on the 2003 cycle 1 Growth Management Plan Amendments."
8. CPSP-2003-13, Capital Improvement Element (CIE).
Petition requesting amendments to the Capital Improvement Element (CIE), to update the
Schedule of Capital Improvements, table of Costs and Revenues, and to add Level of
Service Standards for government buildings.
.-..-.-.-.
Staff Recommendation: That the CCPC forward the petition to the BCC with a
recommendation to Transmit to the Florida Department of Community Affairs, as modified by
staff.
CCPC Recommendation: See document titled "CCPC Recommendations from their May 20,
2004 Public Hearing on the 2003 cycle 1 Growth Management Plan Amendments."
9. CPSP-2003-14, Transportation Element, (TE).
Petition requesting amendments to the Transportation Element (TE), to revise the functional
classification of various County and/or State roads.
Staff Recommendation: That the CCPC forward the petition to the BCC with a
recommendation to Transmit to the Florida Department of Community Affairs.
CCPC Recommendation: See document titled "CCPC Recommendations from their May 20,
2004 Public Hearing on the 2003 cycle 1 Growth Management Plan Amendments,"
CPSP-2003-15, Petition requesting Phase II amendments of the Community Character/Smart
Growth Advisory Committee, to amend the Future land Use Element. Golden Gate Area Master
Plan and Immokalee Area Master Plan, to implement the Community Character Plan by
promoting pedestrian-oriented, human-scale development and interconnection of
neighborhoods and developments.
,,~'-""'"
Agenda Item No. 88
June 8, 2004
6 6 of 250
-~_.
Staff Recommendation: That the CCPC forward the petition to the BCC with a
recommendation to Transmit to the Florida Department of Community Affairs.
CCPC Recommendation: To be provided at the BCC Hearing.
CCPC RECOMMENDATION:
The Collier County Planning Commission will hold their required public hearing on May 20, 2004
for nine of the petitions; the CCPC will hold their hearing on one petition on June 3, 2004. The
CCPC recommendations are reflected on the document titled "CCPC Recommendations from
their May 20, 2004 Public Hearing on the 2003 cycle 1 Growth Management Plan
Amendments", for nine of the petitions; for the one petition (CPSP-2003-15), CCPC's
recommendation will be provided at the BCC hearing.
STAFF RECOMMENDATION:
That the Board of County Commissioners review the Growth Management Plan amendments
and consider adopting a Resolution approving these amendments for transmittal to the Florida
Department of Community Affairs.
-.
EX SUM Transmittal 2003 1" cycle G, Comp, Comp Plan Amendments, 2003 cycle GMP Am mk/dw/5.25.04
_.
Agenda Item No. 88
June 8, 2004
7 7 of 250
.
COLLIER COUNTY
- SOAP.tl OF COUNTY COMMISSIONERS
Item Number 88
Item Summary P:.JO::C Hf:arir.'] for thf~ 2DC:3 GY~::f: 1 GrcvAh f\.-t3:1agf'n1f:n! Plan ..'\mend:'nf.'n;~.
:Jnnsmitta, hearing).
Meeting Date u::3::l0t}4 ~~:QO:OO ;"..f\'~
Prepared By
D<lv:d W""ks, AleP C~llo!=f P:3n::er D<lt"
Cl),y,,.,-,,,nit,. Development ... (:~mprf-~(?n~h,i"'~ :Pt:;;.nning ~!/.'fi7.(!(lt. thl'r '?4 AM
Erllt";fo;UntUltal S*ry'jce~
Appro\'ed By
S~!,clra Lea Ex(<cut,,,,, SI<Cre:;')f)l D~tl<
C<.;r::munit)' O!:v~tl,)~!'fS~frt & Comr'l:lLH1;ty ~v",I<Jp.m'H:t &. ~i?r:?C1l4 $1;54 j.M
~::nlJlmnmen1';t) S"~rJk,,,.~ fnv::"nJ1orr;F}r;t~: $~;v:c:e~ I\dmin.
Approved By
D.w,d '(,;""k"" Ale>, Ch;*~ P':;.sn.:'i;a Dat"
C..:~m~:Jnft)( DC!.':;.;lv~,mn}nt & Cor:lp.r<.-!1{.n-].l"y..:. ~1.~nnin~ 5!27f2uM 12:47?M
E:1\'ifGnmc-nt;;:t1 t~r\"!~l!I:s
Approved By
C.:.mmurdty ~}V~!::>pr1!.}!-~t ~
.~(,;!";f.:fJh K, Sr;h!nitt. E;:'''::,.H1m~n!;J; 3(!~v!c~~ Admi:lst!,,;jt<.;r Dat"
C{;ir:m:..:nit~ D~v~;0p!"!'I~!'ft &. Comll'!LH..~;ty D~"f!.ksp:nC:!::: 3: ~i~1:?CI)4 !i;:;;; j.M
J::I1'.J~rn:1m1:ntnl $..~f"';ki.~~ [~V::"O"ff'.~;.\,-,: $.erv:(';~~ Admin.
Approved By
M.'HjC::tt M. Stt:~h~:"r~ A::'~.:$tar.t C':'Hlr.ty A~:'vr~~y Dat"
COl:!'!ty M~~~~!!'t:; Off!t:~ C~ur::'I At'!orney Off:c~ 6.ii/1GG4 e:30 AM
Approved By
P2~ L~hn~!,}fd A.jmi?1istra~:\{e ~.ssi~tant Dat~
Cr,;:;::ty MQ.;:ogO;i=:)~ Off:c.;C;! af'f:~~ nf Man~lgp.!~m'!t &. 8~::i~~~t bi1;1C04 :1:n7. AM
.\pproved By
Mor~ h;o.;;xsr,m :3udg"t A",,!y<>t O:;t."
r::c~~ty M3:13ger'S Off:ce Offi.:., of M"""g>,m""t & '}<.i.:1..et 6!1!2~C4 ~.:57' AM
.\pproved By
Mi::h<le: Smykowski Maf~a~-:'ir~~r!t -!.. uiJd'iJct Dif{..:t<::r Date
(;n~:~ty M~~~tj~!'~ Offke Of::"" r;f M:;r;:;~"";''''t '" Budgt!t .;il'Z,,(M 11:(l~AM
Appro"ed By
L{!() ~, O{;h~. _:{, D~~~t'{ Cuur:ty Mc}ncl~e)f D<}t~
8l)iolrd cf C""nt)' Cn'Jot';pi Mr5nr5!Jf:r''J <:-ffi!:f: <i!lri.(;(!t. ?:<:~NII
Cr,;fl;m:,sh)r.i~i'$
-
Agenda Item No. 88
June 8, 2004
8 of 250
~--~~-_.... -- ....... ...... .".~,- . ,.~
RESOLUTION NO. 04-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS PROPOSING AMENDMENTS TO THE
COLLIER COUNTY GROWTH MANAGEMENT PLAN,
ORDINANCE 89-05, AS AMENDED, SPECIFICALLY AMENDING
THE FUTURE lAND USE ELEMENT AND FUTURE LAND USE
MAP AND MAP SERIES, GOLDEN GATE AREA MASTER PLAN
AND THE GOLDEN GATE MASTER PLAN FUTURE lAND USE
MAP AND MAP SERIES, CAPITAl IMPROVEMENT ELEMENT,
CONSERVATION AND COASTAL MANAGEMENT ELEMENT;
TRANSPORTATION ELEMENT, AND IMMOKALEE AREA
MASTER PLAN, AND FURTHERMORE RECOMMENDING
TRANSMITTAl OF THESE AMENDMENTS TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS.
WHEREAS, Collier County, pursuant to Section 163.3161, ~ Ronda Statutes, the
Florida Local Government Comprehensive Planning and Land Development Regulation Act,
was required to prepare and adopt a comprehensive plan; and
WHEREAS, the Collier County Board of County Commissioners adopted the Collier
County Growth Management Plan on January 10, 1989; and
WHEREAS, the Local Government Comprehensive Planning and Land Development
Regulation Act of 1985 provides authority for local governments to amend their respective
comprehensive plans and outlines certain procedures to amend adopted comprehensive plans
pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and
WHEREAS, Collier County has prepared plan amendments to the following Elements of
its Growth Management Plan:
Future Land Use Element, including the Future Land Use Map and Map Series;
Golden Gate Area Master Plan, including the Golden Gate Area Master
Plan Future Land Use Map and Map Series;
Capital Improvement Element;
Transportation Element; and the
Immokalee Area Master Plan;
Conservation and Coastal Management Element;
and
WHEREAS, the Collier County Planning Commission has considered the proposed
amendments to the Growth Management Plan pursuant to the authority granted to it by Section
163.3174, Florida Statutes, and has recommended approval of said amendments to the Board
of County Commissioners; and
WHEREAS, upon receipt of Collier County's proposed Growth Management Plan
Amendments, various State agencies and the Department of Community Affairs (DCA) have
ninety (90) days to review the proposed amendments and DCA must transmit, in writing, to
Collier County, its comments along with any objections and any recommendations for
modification, within said ninety (OO) days pursuant to Section 163.3184, Florida StaMes; and
WHEREAS, Collier County, upon receipt of the written comments from DCA must adopt,
adopt with changes or not adopt the proposed Growth Management Plan Amendments, within
sixty (60) days of such receipt pursuant to Section 163.3184, Florida Statutes; and
Agenda Item No. 88
June 8, 2004
Words underlined are additions; Words struck through are deletions 9 of 250
WHEREAS, the DCA, within forty-fIVe (45) days of receipt of Collier County's adopted
-, Growth Management Plan Amendments, must review and determine if the Plan Amendments
are in compliance with the Local Government Comprehensive Planning and Land Development
Act of 1985; the State Comprehensive Plan; the appropriate Regional Policy Plan and R~le 9J-
5, Florida Administrative Code, pursuant to Section 163.3184, Florida Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
The Board of County Commissioners hereby approves the proposed Growth
Management Plan Amendments, attached hereto as Exhibit A and incorporated by reference
herein, for the purpose of transmittal to the Department of Community Affairs thereby initiating
the required State evaluation of the Growth Management Plan Amendments, prior to final
adoption and State detennination of compliance with the Local Government Comprehensive
Planning and Land Development Regulation Act of 1985 and Rule 9J-5, Florida Administrative
Code, Minimum Criteria for Review of Local Government Comprehensive Plans and
Detennination of Compliance.
THIS RESOLUTION ADOPTED after motion, second and majority vote this day
of ,2004.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY:
DONNA FIALA, CHAIRMAN
Approved as to fonn and legal sufficiency:
Marjorie M. Student
Assistant County Attorney
.....,-
Agenda Item No. 88
June 8, 2004
Words underlined are additions; Words struck thrOUiJh are deletions 10 of 250
-.,.- "--
Exhibit A
FUTURE LAND USE ELEMENT
Cpa2002a02
FUTURE LAND USE ELEMENT
Agricultural/Rural- Mixed Use District
-.
2. Naoles Bia Cyoress Commerce Center Subdistrict [new text, page 56]
This Subdistrict. which comorises aooroximately 9.79 acres, is located at the northwest corner
of the intersection of U.S. 41 East (Tamiami Trail) and Trinitv Place. It is intended to
accommodate commercial development orimarilY associated with adiacent commercial lands
(zoned C-4 and C-5) under common ownershio with the subiect orooertv. as further exolained
below. It is further intended that the existing C-4 and C-5 zoned parcels. together with the land
contained in this Subdistrict. will be part of a unified olan of develooment. which incorporates the
orooosed develooment of a flea market on the existina C-4 and C-5 commercially zoned
oarcels, toaether with the land comorisina this Subdistrict. The intent of the Subdistrict is to
allow for the exoansion of the flea market. with certain limitations as herein defined. and to allow
comolementarv additional mixed-use commereial activities in the Subdistrict.
Development of the Subdistrict. will be aoverned bY the followina criteria:
a. The rezonina is encouraaed to be in the form of a PUD.
b. A unified plan of develooment is required. It shall include a common architectural theme
that is consistent with the architectural theme of the flea market oroposed for the
adjacent C-4 and C-5 zonina districts and shall include a oarking lot and pedestrian
circulation system intearated with the adiacent C-4 and C-5 zonina districts.
c. The Subdistrict shall allow all uses oermitted in the C-4 and C-5 zonina districts. in effect
as of the date of adoption of the regulations establishing and aoverning the Subdistrict.
includina the aeneral ranae of retail merchandise. food service. aasoline service station
and motel/hotel accommodations.
d. The maximum aross floor area of all uses in combination shall not exceed 7.500 sauare
feet oer acre. or 75.000 SQuare feet total. whichever is the lesser.
e. Land uses not functionally a Dart of the flea market shall be limited to 25.000 SQuare feet
of aross floor area. With the exceotion of a motel/hotel. no structure indeoendent of the
flea market shall exceed a floor area of 5,000 square feet. Land uses shall be limited to
those havina a neiahborhood market service area and those that serve the travelina
oublic (recoanizina the scenic hiahway attributes of the East Tamiami Trail.)
f. No buildinq shall exceed a height of 20 feet with the exception of a motel/hotel. which
may be 35 feet in heiaht.
g. Access shall be limited to Basik Drive and Trinity Place.
h. A 50 foot landscaoed buffer is required oarallel and adjacent to the East Tamiami Trail.
Automobile oarkina lots shall be visually screened from views from the East Tamiami
Trail with veaetation and/or earthen berms~ to the areatest extent oossible.
i. Development of the land may not proceed until such time as buildina oermits have been
issued for at least 40.000 square feet of retail space in the contiguous C-4 and C-5
zonina districts.
. ~~eWa Item No. 8i
[Words underlined are added. Words struek through are de te June 8 200
,
11 of 250
_._---~ _.m"_" "'-'--" ~'-'.
--~.-..--'-'-
EXHIBIT A
FUTURE LAND USE ELEMENT
CP-2003-1
Urban Mixed Use District
10. Vanderbilt Beach/Collier Boulevard Commercial Subdistrict [revised text, page 27]
This Subdistrict is located 9A in the north side northwest auadrant of the intersection between
the two (2) major road':RlY-& of Vanderbilt Beach Road and Collier Boulevard, consisting of
approximately 33.45 acres of land for the existina area and 15.88 acres of land for the
exoansion area as deoicted on MaD 5-B. The intent of the Vanderbilt Beach/Collier Boulevard
Commercial Subdistrict is to provide convenient shopping, personal services and employment
for neighboring and Golden Gate Estates residential areas. as well as to oromote mixed-use
deve/ooment (residential uses over commercial uses). The Vanderbilt Beach/Collier Boulevard
Commercial Subdistrict will reduce driving distances for neighboring resisents and Golden Gate
Estates residents. assist in minimizing the road network required. and reduce traffic imoacts in
this part of Collier County. This s,Subdistrict is further intended to create a neighborhood focal
point and any development within this Subdistrict will be designed in a manner to be compatible
with the existing and future residential and institutional development in this neighborhood.
Pursuant to Policy 1.1.2 of the Collier County Capital Improvement Element. aporovaJ of any
subseQuent rezone petition for the subiect prooertv by the Collier County Board of County
Commissioners shall be continaent uoon orohibition of issuance of further deve/ooment orders
until all imoacted roadways are no lonaer deficient. Rezonings are encouraged to be in the form
of a PUD zoning district", which must contain development and design standards to ensure that
all commercial uses will be compatible with neighboring residential and institutional uses. In
addition to retail uses and other uses permitted in the Plan, financial institutions, business
services, and professional and medical offices shall be permitted. EXGlusive sf the J~. ~ 5 llGr-eS
within the previously approved Mission Hills PUD Within the 15.88-acre exoansion area. the
followina land uses shall not be oermitted: aas stations. convenience stores with aas oumos.
fast food restaurants with drive-throuah lanes. and tire stores.
To encourage mixed use projects, this Subdistrict also permits residential development when
located in a mixed-use building (residential uses over commercial uses). Such residential
development is allowed at a maximum density of 16 dwelling units per acre; the gross acreage
of the project is used in calculating residential density.
Retail uses shall be limited to a single-story. Financial services and offices shall be limited to
three stories. A combination of these uses in a sino Ie buildina - financial services and/or offices
over retail uses - shall be limited to three stories. Mixed-use buildinas. containina at least two
floors of residential uses over commercial uses. shall be limited to four stories. All principal
buildings shall be set back a minimum of one (1) foot from the Subdistrict boundaries for each
foot of building height. Development within each oroiect or vet to be established PUD District
the Sl:lbdistriot shall be required to have common site, signage and building architectural
elements. The pml30rty Each oroiect or PUD District shall provide for potontial both oedestrian
and vehicular interconnection~ with adjacent properties.
~~e~a Item No. 88
[Words underlined are added. Words strusk threugh are de te June 8, 2004
12 of 250
EXHIBIT A
FUTURE LAND USE ELEMENT
CP.2003.2
B. Urban Commercial District
10.) Livingston/Radio Road Commerciallnfill Subdistrict
This Subdistrict consists + 5.0 acres located at the northwest corner of the intersection of
Livinaston Road and Radio Road. - -
This Subdistrict allows for those permitted and conditional uses set forth in Commercial
Intermediate Zonina District (C-3) of the Collier County Land Development Code. Ordinance 91-
102. in effect as of the effective date of adoption of this Subdistrict. (Should this Subdistrict be
adopted. the correct date and Ordinance Number will be substituted in this sentence).
However. the followina conditional uses shall not be permitted:
1. Amusements and recreation services (Groups 7911.7922 community theaters only.
7933. 7993. 7999 boat rental. miniature coif course. bicycle and moped rental. rental
of beach chairs and accessories only.
2. Homeless shelters. as defined by the Land Development Code.
3. Social Services (8322-8399)
4. Soup kitchens. as defined by the Land Development Code.
To encouraae mixed use proiects. this Subdistrict also permits residential development when
located in a mixed-use buildino (residential uses over commercial uses). Such residential
development is allowed at a maximum density of 16 dwellina units per acre: the aross acreage
of the proiect is used in calculating residential density.
The purpose of this Subdistrict is to provide services, includina retail uses. to surrounding
residential areas within a convenient travel distance to the subiect property. These uses are not
an entitlement. nor is the maximum density for residential uses in a mixed-use buildina. Such
uses. and residential density. will be further evaluated at the time of rezonina approval to insure
appropriateness in relation to surrounding properties.
The maximum development intensity allowed is 50.000 sauare feet of buildina area for
commercial uses with a maximum heiaht of three (3) stories, not to exceed 35 feet. However.
for mixed use buildinas - those containina residential uses over commercial uses - the
maximum height is four (4) stories, not to exceed 45 feet. Access to the property within the
Subdistrict may be permitted from Radio Road. Market Avenue and Livinaston Road. Any
access to Livinaston Road shall be limited to the northern one-third of the proiect's Livinaston
Road frontaae and shall be limited to rioht-in. right-out access. Further. access shall be
consistent with the Collier County Aecess Manaaemel}t Policy in effect at the time of either
rezonina or SOP application. whichever policv is the more restrictive.
~~e~a Item No. 88
[Words underlined are added. Words struol( through are de te June 8, 200.
13 of 250
'--,~ --
EXHIBIT A
FUTURE LAND USE ELEMENT
CP-2003-3
B. Urban Commercial District
9. Livinoston RoadNeterans Memorial Boulevard Commerciallnfill Subdistict
This Subdistrict consists of + 2.25 acres and is located at the southeast corner of the
intersection of Livinoston Road and Livinoston Road/East - West to be known as
Veterans' Memorial Boulevard. The Subdistrict allows those office uses. medical uses
and financial institutions permitted bv richt and bv conditional use. Within the C-1 Zonina
District. of the Collier County Land Development Code. as the effective date of adoption
of this Subdistrict. (Should this Subdistrict be adooted. the correct date and Ordinance
number will be substituted in this sentence.) This Subdistrict is desianed to serve the
surroundina residential uses within a convenient travel distance to the subiect orooerty.
It is further desioned to be compatible with the neiahborina residential uses throuah the
development standards provided herein. alona with other plannina considerations.
The maximum development intensity allowed is 50,000 SQuare feet of buildino area with
a maximum heiaht of 3 stories. not to exceed 35 feet. Access to the orooertv within the
Subdistrict shall onlv be permitted from Veterans Memorial Boulevard. There shall be no
access permitted directlv to or from Livinaston Road.
~~enaa Item No. 88
[Words underlined are added. Words strusk through are de ted June 8, 200"
14 of 250
EXHIBIT A
CPSP.2003.10
GOLDEN GATE AREA MASTER PLAN
Introduction Section: [revised text: page 2J
Collier County has experienced a tremenaaus rate of population grovlth since 1980 and the
trond is anticipated to oontinue. In response to tho anticipated population increase and the
Growth MaRagement Act of 1985, In Ja-nuary of 1989, Collier County adopted a revised Growth
Management Plan. in January of 1989 as part of a statewide effurt to effectively manago growth.
The Golden Gate Area (see Map 1) has grown at an even higher rate than the County VI/ide rato
since 198O-aAd is projoctod to oontriOOte-&igAificantly ta-Ge\Jnty Wide gmvlth in tRe futuro. As
oart of the revised Growth Management Plan, the County adooted the oriqinal Golden Gate
Area Master Plan (GGAMP) in 1991. The GGAMP was further revised in 1996. The Golden
Gate Area Master Plan orovides orowth manaoement reoulations for the desionated Golden
Gate Area (see Mao 1 ).
The Golden Gate Area was previously subject to the regulations outlined in the County's Gro.Nth
Management Plan Future Land Use Element (FLUE). However, in 1991, the unique
characteristics of the area resulted in adoption of a S6f)aFate Master Plan for Golden Gate. as a
seoarate Element of the Collier County Growth Management Plan. This Master Plan bocame a
separate Elomont of the County's Grovlth Managemont Plan and supersedegs former Objective
1, Policy 1.1, and Policy 1.3 of the Count~de Futuro Land Use Elemem FLUE. All other
Goals, Objectives, and Policies contained in the Futuro Land Use Element FLUE and all other
Elements of the Growth Manaaement Plan remain af6 applicable to the Golden Gate Area. In
addition, the Golden Gate Area Future Land Use Map will be used instead of the County-Wide
Future Land Use Map.
In April 1996, the Board of County Commissioners adopted the Evaluation and Appraisal Reoort
(EAR) for Collier County. As a result of the recommendations made in the EAR, Ordinance 91-
15, which adopted the original Golden Gate Area Master Plan.. was repealed and a new
Ordinance 97-64 was adopted.
In February of 2001 , the Board of County Commissioners directed staff to initiate a restudY of
the Golden Gate Area Master Plan. Accordinalv. in June of 2001 , Comorehensive Plannina
Section Staff reauested that the Board aoooint an advisory committee. consistino of residents of
Golden Gate City and Golden Gate Estates. to aid Staff in the restudy process. The Golden
Gate Area Master Plan Restudv Committee met on over twenty (20) occasions. between June
2001 and June 2003, to consider orooosed amendments to the GGAMP. as well as other
matters related to the Golden Gate Area. All meetinas were ooen to the oublic, many of these
meetinas were well attended.
The restudy process was divided into two ohases. The County transmitted Phase I
amendments to the Florida Deoartment of Community Affairs (DCA) in March 2003. These
amendments were adooted. as Ordinance 2003-44. in October 2003. Phase II amendments
were transmitted in Seotember 2003. The Phase II amendments were adooted in January
2004. as Ordinance 2004- . (Note: The correct Ordinance # will be inserted upon adoption.)
This plan includes three major seetions:
~~enaa Item No. 8~
[Words underlined are added. Words 6truok threugh are de ted June 8 200
,
15 of 250
"-....-
The OVERVIEW section provides an introduction to County Wide Countywide and Golden Gate
Area planning efforts.
The IMPLEMENTATION STRATEGY places the Plan into effect. Strategies have been
developed to address land use, public facilities, transoortation. rural character. emeraency
manaoement and natural resources. This section also includes the Goals, Objectives, and
Policies, and the Golden Gate Area Future Land Use Map.
- -
The SUPPORT DOCUMENT outlines data and information used to develop the implementation
strategy, aM including the Goals, Objectives, and Policies.
Overview Section: [revised text: page 4]
". OVERVIEW
A. COUNTY-WIDE PLANNING PROCESS
Pursuant to As mandated by Chapter 163, Florida Statutes, the "Local Comprehensive Planning
and Land Development Regulations Act" and Chapter 9J-5, Florida Administrative Code,
"Minimum Criteria for Review of Local Comprehensive Plans and Determination of Compliance",
the Collier County adopted a now Growth Management Plan in January of 1989 shall contain
the followina elements: This logislation roquires all Counties and municipalities throughout tho
Stato of Florida to dO'lolop a plan, which consists of tho (ollo-..:;ng olomonts:
1. land Uso;
2. Transpertation;
3. Housing;
<I. Public Facilitios;
5. Capital Improvement;
6. Rocreation and Opon SPaGei
7. IntorgGvorRmontal Coordination;
8. Housing; and
9. Consorv-ation and Coastal Managomont (Coastal Countios).
1. Future Land Use
2. Housina
3. Public Facilities
4. Conservation and Coastal Manaaement (Coastal Counties only)
5. Interaovemmental Coordination
6. Caoitallmorovements
7. Transoortation
8. Recreation and Ooen Soace.
In addition to the above Elements, local government comprehensive plans in Florida may, by
decision of the local legislative body, contain one or more optional elements. Optional elements
are required to comply with certain general criteria under Rule 9J-5, Florida Administrative
Code, but are not subject to specific requirements (with some exceptions). In 1991, the Board
of County Commissioners chose the option of adopting the Golden Gate Area Master Plan, in
recognition of the unique characteristics of the Golden Gate Area.
~~enaa Item No. 8i
[Words underlined are added. Words strusk threugft are de ted June 8, 200
16 of 250
In addition to establishing the Collier County Growth Management Plan's mandatory structure.
Chapter 163, F.S. and Rule 9J-S, F.A.C.. also subiect ffi~ir&-tRat the Growth Managoment Plan
to a mandatory evaluation process be ovaluatod every 7 years.:. This process involves the
preparation of and preparo an Evaluation and Appraisal Report (EAR) to determine Raw
whether, and to what extent the existing Growth Management Plan has carried out its stated
Goals, Objectives and Policies. In ,f\pril 1996, the Board of County Commissioners adoptod tho
eAR,. I", 1QQ7r +Re-Gakien Gate Area Master Plan has been roaaopted to Garry out the
reoommondations of tho EAR. ~YF8bl8Rt to iAR. fS88mm8Ao8ti9RB. t~9 Collisr C8blRtv--li98fO of
CSWR~I C8mmi8Ei9RliilrE 8~eR9liil9 tAe-1 gg:t-GQI\MP 8R9 a98eWo a rliilviiso \'sFeieR sf tRliil
G8lss", Cats .^,Fea-Ms6t8r PlaR.
B. GOLDEN GATE AREA PLANNING PROCESS
Collier COUAty'S FuklFe-band Use Elemont is dividod into two soctions. The first seGlion outlines
tho Goals, Objecti'.((}s and Policios. The second section is the Land Use Data and Analysis.
Policy 4.1, containeti-within the Goals, Objectives and Policies soction, states the follewing:
"A detailed sector plan for Golden Gate Estates shall be developed and incorporated into this
Growth Management Plan by August, 1991. The sector plan shall address
Natural Resources, Future Land Use, Water Management, Public Facilities
and other considerations."
Objective 4 of the Collier County Future Land Use Element (FLUE) allows the countywide
planning process to "address specific geographic or issue areas." Policy 4.1 of this Objective
reads as follows:
"A detailed Master Plan for Golden Gate Estates has been developed and was incorporated into
this Growth Management Plan in February, 1991. The Master Plan addresses Natural
Resources, Future Land Use, Water Management, Public Facilities and other considerations."
In February 1991, the Board of County Commissioners adopted the original Golden Gate Area
Master Plan-,- The oriQinal Master Plan incorporated the afteF-assistanco ana recommendations
of ffem a Citizens Steering Committee. A revised and updated Master Plan was adooted in
1997. pursuant to recommendations of the County's 1996 Evaluation And Appraisal Reoort. In
2001. the Board of County Commissioners established the Golden Gate Area Master Plan
restudy Committee and directed Staff to work with the Committee to further revise and update
the Master Plan. The Board of County Commissioners adopted revisions to the GGAMP.
incorooratina the recommendations of the Restudy Committee. in 2003 and 2004.
Policy 1.1 .1 : [revised text, page 5]
The URBAN Future Land Use Designation shall include Future Land Use Districts and
Subdistricts for:
1. URBAN - MIXED USE DISTRICT
a. Urban Residential Subdistrict
b. High Density Residential Subdistrict
2. URBAN - COMMERCIAL DISTRICTS
a. Activity Center Subdistrict
~~enaa Item No. 88
[Words underlined are added. Words struok through are de ted June 8 200st
,
17 of 250
-_.,--~' -.-._-
b. Golden Gate Commercial In-fill Subdistrict
c. Commercial Under Criteria Subdistrict
d. Interstate Activity Center Subdistrict
e. Santa Barbara Commercial Subdistrict
f. Golden Gate Parkway Professional Office Commercial Subdistrict
g. Downtown Center Commercial Subdistrict
h. Collier Boulevard Commercial Subdistrict
--
Policy 1.2.2: [deleted text, page 7J
~:': ~~ ~te :^.r-ea .~a~tor Plan shall be updated on an annual basis to r-ofleGt changes in
program mod public facIlity Improvomonts.
[Policies 1.2.3 through 1.2.5, are renumbered to 1.2.2 through 1.2.4]
Policy 1.2.6: [deleted text, page 7J
~ ~~~~ :~ Fire District in Ei90f)0r:ation with COl:Jnty entities if appropriate, shall in'/ostigato
tho ostabli6hmoot of permanent drafting stations strategically loented along the canals in Golden
Gato Estates as a v:.ator rosourco to fight f.irOB within tho aroa.
Policy 1.3.2: [deleted text, page 8J
~~ ~oldon Gate ^r-oa M.ast~r Pla~ ~hall be updated within a reaso~~~I~~~~ PO::d after the
date set forth for Gompletlon In PolIClos 1.1 and 1.d of Ute Conser\f.Q 00
Management Elemont of the Gro'tJth Management Plan.
Policy 2.2.2: [deleted text, page 9J
The County will dosignate a momber of the Community Development and Environmontal
Services Division to act-as liaison botweon property ownors and DEP so as to provide aCGur-ate
information rogarding tho acquisition of land in SGGE.
[Policy 2.2.3 becomes 2.2.2]
OBJECTIVE 2.3: [deleted text, page 10]
In ordor to furthor this Goal, Collior County rooogniz-es tl:1e IJEP's 'Nark Plan and time U:ames for
complotio" of the reappr-aisal and purchase of lands in SGGE as follov.'s:
. Roappraisal of lands by Docember 1998, using tho Uniform Standards of Profossional
Appraisal Practicos, without limiting conditi9flS.:
. Comploto purshase of the SGGE projoct by DeGomber 31, 2000.
PoliS}' 2.J.1: [deleted text, page 10J
~~gnizing the time frames describod in Objoctive 2.3 above, if oithor tho ~eappraisal ?r
~~:~.se. is net G~m'pI.~tea by tho datos specifies in the V'~~~ ;:~~:~~~~ ~ ~~;~
Commrssloner-s wllllnltlato the process te ameng the Grow' A _:1 e Goal 2
and its rolatod ObjeGti'/os and Pelicies during the first amondmon~~~~ ~~I~~~gt~fir~
scheduled complotion dat-o of Deoombor, 1998 describod in the '.M r I .
~~enaa Item No.8;
[Words underlined are added. Words strusk through are de ted June 8, 20~
18 of 250
Ql;)i9stj)}g 2.4: -{ASW tS)(t, pag&- ~ Q}
Collisr COURl'! rS88!i1Ri:ls& t~8t t~s 8s..tRerlv enteRsieA of iver818se8 I!lQWle'J8rS tl:11'8":R tRs
iaswtR QSI~8R Qats iitat8& A"sa PFs\'ig8& aA 8~8rlil&A9\' svaswatisA r8wt8 fsr tRs Fssig Ats 8f
tl::1at PSRigA sf G~8SR Gats 5!!slatgS lesatQ& at9R9 i'JeFela&8i; SAg Ceia91e Q84:ileVaF&S. sewtA ef
G81&8R Gate QewlevaAil. as Vl811 S& 8R 88r8&& Fewte fer 8~eF~eRev ewi8~eRt iAto tRe
88wtRe88t8(R ,eRieR ef tRe li!st&te&. _ .FWRRer, Cellier COURt;,- 88~mits ie Ast allewiR'J tR88e
9~erlileAsv RoletRgg& sf 9li1r::Si& :;lR9 9'.'awati9A-4o ~e elimiAste& YAW i>\;ISR time aE Uuw GaR ~e
Swit8~1\' FeS18888-r
Pslisv 1.4.1: [Rew t9)(t, pag&--4Q1
YpeR tRe 8B8pti8A sf tRis Qlije8tive 8RB PSliey, tAe Cellier CSblRty l"F8RSf)eRstieR
.~&RoliRi&tHltieR, tRe Csllier C9WAto/ iRolSFg9R9r MSAa8e~eRt ft.geRsy, tRe G9IS4ilR ~ats FiF8 aAe
Resews Cii>tFi8t, SRB 8tAer sRtitiss as Besm9B apj3F9priat8, sl::1au..sQ8fR sisewssieR 'sitl:! tl::1e
FlsFiBa CepsftRoleRt ef iR\.'ireR~eRtal Prete8tieR (FCIi!P), 8RB tAe Fleris8 Ci':isi8R sf Fers&tf"j,
fGr tRe plu'pe8s ef e&tabli&l:!iA8 8A emergeROY 8888&8 8AS sV88watioR r8wt8 U~~wgR tRe SowtR
~el~SR Qawlie;tatQs .^.Fes.
Goal 4: [new text, page 10]
COLLIER COUNTY PLANNING EFFORTS WITHIN GOLDEN GATE CITY SHALL SEEK TO
PRESERVE AND ENHANCE A MIX OF RESIDENTIAL AND COMMERCIAL AWQ
~JSTITUTIONAl: LAND USES THAT PROVIDES FOR THE BASIC NEEDS OF BOTH THE
LOCAL RESIDENTS AND THE RESIDENTS OF THE SURROUNDING AREA.
Obiective 4.1 : [new text, page 10]
Develooment and redevelooment within Golden Gate City shall focus on the orovision of
residential ~ commercial aRB 88 Rew8Asl w&e& that meet the needs of the surroundina area.
Policy 4.1.1: [new text, page 10]
By 2005, Collier County shall develoo an imolementation schedule for the creation of a
community-olannino orooram for Golden Gate City. The imolementation schedule shall
take into consideration the following issues:
a) Affordable housinQ based uoon home ownershio:
b) Commercial re-vitalization, to include:
i. Sidewalks
ii. Traffic calmina measures
iii. Imoroved street liahting:
c) Neiohborhood Darks. ooen soace and recreational centers; and
d) Crime reduction.
e) Consistent enforcement of land develooment reQulations.
f) Imoroved liahtina for streets and oarking areas.
~~e~a Item No. 88
[Wonls underlined are added. Words &tfu&k.-.thf&YfJR are de te June 8, 20~a
19 of 250
."'--- -..- ._..~ ---
Policy 4.1.2: [new text, page 10]
By 2005. Collier County shall beain to examine. bY holdina community meetinas. the feasibility
of establishina neiahborhood-based elannina eroarams within Golden Gate City that focus on
the uniaue or distinct features of the different eortions of the community. While focusina on
distinct areas within the community. such neiahborhood elannina efforts as may be established
shall not nealect Golden Gate City as a whole.
---
Policy 4.1.3: [new text, page 10J
By 2005. Collier County shall examine the feasibility of craftina land develoement reaulations
specific to the Golden Gate City community. Such reaulations shall focus on the uniaue
circumstances of this community.
Goal 5: [new text, page 10]
FUTURE GROWTH AND DEVELOPMENT WITHIN GOLDEN GATE ESTATES WILL
BALANCE THE DESIRE BY RESIDENTS FOR URBAN AMENITIES WITH THE
PRESERVATION OF THE AREA'S RURAL CHARACTER, AS DEFINED BY WOODED LOTS,
THE KEEPING OF LIVESTOCK. THE ABILITY TO GROW CROPS. WILDLIFE ACTIVITY.
LOW-DENSITY RESIDENTIAL DEVELOPMENT. AND LIMITATIONS ON COMMERCIAL AND
CONDITIONAL USES.
Obiective 5.1: [new text, page 10]
By 2005. the Collier County Land Develoement Code shall erovide that m~wifEI new commercial
development within Golden Gate Estates shall comply with seecific rural desian standards.
Policy 5.1.1: [new text, page 10J
Upon the adoption of these erovisions. all new commercial development within the Estates-
Mixed Use District shall be subiect to the architectural and landscape desian standards,
referenced within the Estates Desianation. Compliance with these desian standards shall be in
addition to any standards that may be reauired in specific subdistricts.
Policy 5.1.2: [new text, page 10]
Consistent with public safety reauirements. street. recreational and structure Iiahtina within
Golden Gate Estates shall be placed. constructed and maintained in such manner as to prevent
or reduce liaht pollution. In imelementina this Policy. the County shall aeely the followina
standards:
a. If a streetliaht or an area liaht is required. it shall be of the tyoe soecified
to orotect neiahbors from direct alare. Area liehting shall be shielded
such that direct rays do not pass property lines. Low-pressure sodium lamps are
encouraaed while haloeen tvpe liQhts are discouraeed.
1. Where reauired, the street lame shall be of the hiah pressure sodium type and
have a "cobra head with flat bottom" style or be fully shielded so that liaht is
directed only downward. Street lamps shall be mounted on a wood pole at a
:r~erma Item No. 8~
[Words underlIned are added. Words strusk threugh are de te June 8, 20~
20 of 250
heioht and wattaae recommended by the appropriate electric utility and as
appropriate for a rural area.
2. Parkino lot lamps shall be low-pressure sodium type lamps and shall be mounted
so that they point downward without direct rays extendino past the parkino lot,
buildina entrance. walkway. or other area intended to be illuminated.
b. Where Iiohtino of recreational areas are reau ired , such liohtino shall be mounted so as to
focus illumination on the areas intended to be illuminated, and to limit the amount of lioht
that extends outside of the intended area.
Obiective 5.2: [new text, after page 10]
The provision of public infrastructure shall be balanced with the need to preserve the rural
character of Golden Gate Estates.
Policv 5.2.1 : [new text, after page 10]
Future road and bridoe improvements in Golden Gate Estates shall not only provide for safety
and reasonable mobilitv, but shall also contribute to the rural character of the area.
Transportation improvements shall be desioned in context with their setting.
Policy 5.2.2: [new text, after page 10]
The Collier County Parks and Recreation Department shall create a public network of oreenway
corridors within Golden Gate Estates that interconnects public lands and permanentl~ protected
oreenspace. The first seament of oreenwav shall be in place bv 2005. The areenwa network
shall consist of interconnected trails and paths, which allow people to move about the Estates
Area bv means other than, motorized vehicles. All oreenwavs shall be constructed within
existina or future public riohts-of-way. In creatina the oreenway network. the County shall not
employ eminent domain proceedings.
Policv 5.2.3: [new text, after page 10]
Recoonizino the existino residential nature of the land uses surroundino the planned 1-75
interchanoe at Golden Gate Parkway, as well as the restrictions on conditional uses of the
Conditional Uses Subdistrict of the Golden Gate Area Master Plan, there shall be no further
commercial zonina for properties abuttina Golden Gate Parkway between Livingston Road and
Santa Barbara Boulevard. No mew commercial uses shall be permitted on properties abuttino
streets accessina Golden Gate Parkway within the above-defined seament. This policv shall
~ot aoolY to that existinJl portion of th~den G~~~ ~;~~~~ Co;mercial ~~~ ;~~~:~iCt. ;hich
IS located at the northwest corner of the Intersectl en ate Park n ta
Barbara BQufeyrard,
Obiective 5.3: [new text, after page 10]
Bv 2005, the Collier County Land Development Code shall orovide for the protection of the rural
character of Golden Gate Estates. These provisions shall require preservation of such rural
amenities as. but not limited to. wooded lots. the keeoina of livestock, the ability to orow crops,
wildlife activity. and low-density residential development.
. ~~e~a Item No. 8~
[Words underlined are added. Words strl:lsk through are de te June 8, 20~
21 of 250
._-----. ---- ~-_._.._.._,_.__.
. - "-'--"--'''-~'-----''---- '_'____"H_ --".'-
Policv 5.3.1 : [new text, after page 10J
Bv 2005. the Collier County Land Develooment Code will orovide for staaaered structural
setback reauirements for adioinina 75-foot-wide lots. The ourpose of this reaulation is to allow
parkina of work vehicles. commercial vehicles and eauioment in rear yards.
Policv 5.3.2: [new text, after page 10J
The arowina of food crops and/or the keepina of livestock on properties within Golden Gate
Estates shall be permitted. provided that such activities are conducted accordina to the Land
Develooment Code.
Policv 5.3.3: [new text, after page 10]
Bv 2005. the Land Develooment Code shall be amended so as to encouraae the oreservation of
wooded residential lots and the oreservation of native veaetation and wildlife common to the
Estates Area.
GOAL 6: [new text, after page 10]
FUTURE TRANSPORTATION IMPROVEMENTS WITHIN THE GOLDEN GATE AREA SHALL
PROVIDE FOR A SAFE AND EFFICIENT COUNTY AND LOCAL ROADWAY NETWORK.
WHILE AT THE SAME TIME SEEKING TO PRESERVE THE RURAL CHARACTER OF
GOLDEN GATE ESTATES.
Objective 6.1 : [new text, after page 10]
The Collier County Transoortation Division will continue to increase the number of route
alternatives for traffic movina throuah the Golden Gate Area on both east-west and north-south
directions. consistent with neiahborhood traffic safety considerations. and consistent with the
oreservation of the area's rural character.
Policv 6.1.1: [new text, after page 10J
In olannina to increase the number of route alternatives throuah the Estates Area. the Collier
County Transoortation Division will prioritize the followina routes over other alternatives.
a. The extension of Vanderbilt Beach Road from its current terminus to DeSoto Boulevard.
b. The development of a north-south connection from the eastern terminus of White
Boulevard to Golden Gate Boulevard.
c. The develooment of a new east-west roadway crossina the Estates Area south of
Golden Gate Boulevard. This roadway shall not be constructed within or adiacent to the
existina east-west canal riaht-of-way.
Policv 6.1.2: [new text, after page 10]
Collier County shall coordinate with the Florida Deoartment of Transportation to initiate a study
of a ootential interchanae in the vicinity of 1-75 and Everalades Boulevard.
Obiective 6.2: [new text, after page 10]
~~enaa Item No. 8~
[Words underlined are added. Words struek threugh are de ted June 8, 20~
22 of 250
For the purpose of limitina traffic on arterials and maior collectors within Golden Gate Estates.
shortenina vehicular trips, and increasina overall road system capacity, the County will actively
work to increase linkaaes within the local road system.
Policy 6.2.1 : [new text, after page 10]
The County shall continue to explore alternative financina methods to facilitate both east west
and north south bridaina of canals within Golden Gate Estates.
Policy 6.2.2: [new text, after page 10]
Plannina and riaht-of-way acauisition for bridaes within the Estates Area local road system shall
make adequate provision for sidewalks and bike lanes.
Policy 6.2.3: [new text, after page 10]
Sidewalks and bike lanes shall provide access to government facilities. schools, commercial
areas and the olanned County greenway network.
Objective 6.3: [new text, after page 10]
In olannina and constructina road imorovements within Golden Gate Estates and Golden Gate
Citv. Collier County shall coordinate with local emeraency management officials to ensure that
the access needs of fire department. Dolice and emergency manaaement personnel and
vehicles are met.
Policv 6.3.1 : [new text, after page 10]
Beainnina in 2004 the Collier County Transportation Plannina Deoartment shall hold at least
one annual public meetina with Golden Gate Area Emeraency officials and the loeal civic
association in order to ensure that emergency needs are addressed durina the acquisition of
riaht-of-way for desian and construction of road imorovements.
Policv 6.3.2: [new text, after page 10]
Beainnina in 2004. the Collier County Transoortation Plannina Deoartment shall coordinate with
Golden Gate Area emeraencv officials to orioritize necessarv road imorovements related to
emeraency evacuation needs.
GOAL 7: [new text, after page 10]
THE LIVES AND PROPERTY OF THE RESIDENTS OF THE GREATER GOLDEN GATE
AREA, AS WELL AS THE HEALTH OF THE NATURAL ENVIRONMENT. WILL BE
PROTECTED THROUGH THE PROVISION OF EMERGENCY SERVICES THAT PREPARE
FOR. MITIGATE AND RESPOND TO NATURAL AND MANMADE DISASTERS.
Obiective 7.1: [new text, after page 10]
The Collier County Emeraency Manaaement Department. Collier County Sheriff Deoartment.
Emeraency Medical Services. Golden Gate Area Fire District. and other aporopriate aQencies.
will continue to maintain and imolement Dublic information programs to inform residents and
. ~fJenaa Item No. ~~
[Words underlined are added. Words &tRIok through are de ted June 8,20
23 of 250
'"--- ^..,---,...
"'-~~.-
visitors of the Greater Golden Gate Area reaardina the means to prevent. prepare for and cope
with disaster situations.
Policy 7.1.1: [new text, after page 10]
The County. Golden Gate Area Fire Districts. and appropriate aaencies. shall embark on an
education proaram to assist residents in knowina and understandina the value and need for
prescribed bumina on public lands in hiah risk fire areas.
PolicY 7.1.2: [new text, after page 10]
The Golden Gate Area Fire District and Collier County Emeraency Manaaement Department
shall activelY promote the Firewise Communities Proaram throuah public education in Golden
Gate Estates.
Policy 7.1.3: [new text, after page 10]
By 2005. the Collier County Community Development and Environmental Services Division
shall evaluate the Land Development Code for Golden Gate Estates and shall eliminate any
reauirements that are found to be inconsistent with acceptable fire prevention standards. This
evaluation process shall be coordinated with the Golden Gate Area Fire District and the Collier
County Emeraency Manaaement Department.
Policv 7.1.4: [new text, after page 10]
The Golden Gate Area Fire District and the Collier Countv Emeraency Manaaement
Deoartment shall hold one or more annual "open house" oresentations in the Golden Gate Area
emphasizina issues related to wildfires. f1oodina. emeraencv access issues and aeneral
emeraency manaaement.
Objective 7.2: [new text, after page 10]
Caoital improvement oroiects within the Golden Gate Area shall be coordinated with all
aoolicable emeraencv manaaement aaencies to ensure that the needs of these entities are
included in the overall public proiect desian.
Policv 7.2.1: [new text, after page 10]
Preparation of Collier County's annual Schedule of Capital Improvements for proiects within the
Golden Gate Area shall be coordinated with the Fire Districts, public and private utilities.
Emergency Medical Services Department and the Collier County Sheriff Department to ensure
that public proiect desians are consistent with the needs of these aaencies.
Policy 7.2.2: [new text, after page 10]
The Golden Gate Fire District. Emeraency Medical Services Deoartment and the Collier County
Sheriff Department shall receive copies of pre-construction olans for capital improvement
proiects in the Golden Gate Area and shall be invited to review and comment on plans for the
public projects.
Objective 7.3: [new text, after page 10]
~~enaa Item No. 8i
[Words underlined are added. Words strl:Jok threl:Jgh are de ted June 8, 20~
24 of 250
While the County Transportation Department is in the process of develooino strateoies for the
enhancement of roadway interconnection within Golden Gate City and the Estates Area. interim
measures to assure interconnection shall be developed.
Policy 7.3.1: [new text, after page 10]
By 2005, the Collier County Emeroency Manaoement Department. the Collier County
Transportation Division, Golden Gate Area Fire District. and other appropriate Federal, State or
local aoencies shall beoin establishino one or more of the followino routes for emergency
evacuation purposes:
a. An 1-75 Interchanae at Everglades Boulevard.
b. Improved emergency access from Everolades Boulevard
to 1-75.
c. Maintenance of a road connection alona Everalades
Boulevard from Immokalee Road to U.S. 41.
d. Construction of a north-south bridoe on 23rd Street. SW.
between White Boulevard and Golden Gate Boulevard.
Policy 7.3.2: [new text, after page 10]
All new residential structures shall comply with NFPA (National Fire Protection Association,
Incoroorated) 299 Standard for Protection of Life and Propertv from Wildfire. 1997 Edition as
adopted by reference in the Florida Fire Code or the most recent edition.
Policy 7.3.3: [new text, after page 10]
Modified portions of existino structures shall meet NFPA Standards throuoh the adoption of
aporopriate reaulations in the County buildina Codes.
Pglisy i.J.4: [new text, after page 10]
Q98iAAiA8 iA 2998, V8i8At flrsflsfti98 8A811 bs ~8iAt8iRSB iR 8iiifB8AiS witA 8i99fltebls firs
f)~tisA pF8oti~s8. aWiA m9iAtriilAaAi9 liAaU-4AGlw9s tAS f9~9val sf RiSR4y fl8~ma619 sps&is&
gt V98stdti9A f>W~R 9i MsIGI9WQQ GAS tRS rsswetisA st-4Re.-Q9A&~Qf 9tA9F-VQfj<ativ9 fw91f>. ^A
iAi9Rtiv9 systsm t9 fa8i1itats tA9 f9~9'Jal sf Ri8R risk 'J989t8ti9R ~Rall 6S 9stablisRsB.
Policv 7.3.4i~ [new text, after page 10]
Beainning in 2005, County-owned oroperty within Golden Gate Estates shall be subject to an
active. on-ooino manaoement plan to reduce the C9WR~ !ialiil~F damaoe caused by wildfires
oriainatino from County-owned properties.
f2) Golden Gate Urban Commercial In-fill Subdistrict, title & paragraph f) [deleted text, page
16, 17]
f) f.ny project locatoo within tho in fill area at tho northwest comer of-.Gel:don Gate
Par~way and Santa Barbara Bouleva~56-and except an easement for Santa Barbara
Boulevard right of way, shall bo subject to the follG\\'ing additional developmont
festrictions
~~enaa Item No. 8~
[Words underlined are added. Words strl:JGk through are de ted June 8 20~
,
25 of 250
~~,- -_._-,.~_._- ..~- ~~-~.~._~ ---..
1. Tho sito shall bo limited to thirty five thousand (35,000) square foot of building
aFea-,.
2. Land uses shall bQ restrictod to officos only.
3. /\11 principal structures shall be required to ha'lo a minimum setback of ana
hunEfroQ (100) feet from the pr-ejeGt's Refthem BOl-:IAelary.
4. The northorn so':enty five (75) feet of the western sixty (60) porcont of the sito
shall bo a groon aroa (opon spaco area). It shall be utilizoe for only wator
managomont facilitim;, landscapo buffors, and similar uses.
5. TI:1Q 'Nostorn sixty (60) pornont of tho siro shall hovo an outdoor podostrian
friondly patio area(s), that total at loast five hundrod (500) square foot in area and
incorporate a minimum of: bonchos or sooting areas for at least v:.'olve (12)
persons, and '/ogotativo shading, and a waterfall or 'Nater feature of at least ono
hundred (100) square feat in aroa, and brick pa'lor8.
6. f\ avonty five (25) foot 'I.-ide landscaped strip shall be provided along the entiro
frontage of both Golden Gate Par~way :lnd Santa Barbara Boulevard.
7. ^ minimum buffor of thirty five (35) feot in width shall be providod along tho
projoct's wostorn boundary and along tho oastorn forty (40) porcent of tho
projeGt's northern boundary. f\ minimum buffer of fifty (50) feot in width shall bo
pro':iEloEl 310"0 tho wostorn siKty (60) pomoRt of tho projoat's Aorthern boundary.
Whem feasible, existing native vogot3tion shall be rotainod 'Nithin those buffors
along the projoct's wQstorn and northorn boundarios. Theso buffers shall bo
supplomontoel witl:1 Oak or Mahogany troes plantee a maximum of tv/onty (20)
feet apart in a staggered manner; and a se'len (7) foot wall, fonco, or hedge that
will, within tv:o (2) years of planting, groy: to a minimum height of sovon (7) foot
and bo a minimum of ninoty fivo (95) pomont opaquo.
B. 1\11 buildings shall havo tilo or motal roofs, or docorativo para pot 'A'alls abovo tho
roof linD, and buildings shall be finishod in light subduod oolors OKcopt for
deoorative trim.
9. Building heights shall be Iimitod to one (1) story and a maximum of thirty five (35)
feet.:.
10. /\11 lighting facilitios shall bo architocturally designod, and limited to a hoight of
twonty fivo (25) foot. Such lighting facilities shall bo shieldod from neighboring
residontialland uses.
8. /\11 buildings shall have tilo or metal roofs, or docorati'lo parapot walls above the
feef line, aAg blJildings shall be finished in light subduod colors oxcept for
decorative trim.
Q. BLJilding hoights shall bo Iimitod to ono (1) story and a maximum of thirty fivo (35)
feet.:.
~~e~a Item No. ~i
[Words underlined are added. Words strusk through are de te June 8, 20
26 of 250
10. All lighting facilities-shall be arehitosturally designod, and Iimitod to a hoight at
twe~et. Such- ~i9hHAf:t--fa6jjiti66-Shall be shioldeG-.ffem--AeigR~
residential-taAd usos.
11. There shall be no ingress or efJf8ss-eA-SaAta Barbara Boulevard.
4) InterchanQe Interstato Activity Center Subdistrict [revised text, page 18]
On the fringes of the Golden Gate Area' Master Plan boundaries, there are several parcels that
are located within tAe Inter&tatechange Activity Center #10 at 1-75 and Pine Ridge Road as
detailed in the County-wide Future Land Use Element (FLUE). Parcels within this Activity
Center are subject to the County-Wide FLUE and not this Master Plan.
See Map 6 for a detailed map of this Activity Center.:. Boundary
5) Pine Ridge Road Mixed Use Subdistrict [revised text, page 18]
Adjacent to tt\e Interchange Activity Center #10 on the west side of 1-75 and on the north side of
Pine Ridge Road is a property comprising 16.23 acres located to the west of the Naples
Gateway PUD. which is designated as the Pine Ridge Road Mixed Use Subdistrict and consists
of Tracts 1. 12. 13, and 28 of Golden Gate Estates, Unit 35, as recorded in Plat Book 7, Page
85, of the Publie Records of Collier County. The intent of the Pine Ridge Road Mixed Use
Subdistrict is to provide for a mix of both retail and office uses to provide for shopping, and
personal services for the surrounding residential areas within a convenient travel distance, and
to provide commercial services in an acceptable manner along a collector roadway. Livingston
Road. Well-planned access points will be used to improve current and future traffic flows in the
area. Within this Subdistrict no more than 35.000 square feet of office related uses on :I: 3.2
acres are permitted within the eastern portion of this property which includes a portion of Tract
28 and a portion of Tract 13. A maximum of 80,000 square feet of gross leasable retail or office
area, as allowed in the Commercial Intermediate District (C-3) of the Collier County Land
Development Code as of the effective date of the adoption of this Subdistrict [Ordinance No. 03-
01, adopted January 16, 2003], are permitted within the western 10.52 acres of this property.
The C-3 uses are not an entitlement. Such uses will be further evaluated at the time of rezoning
approval to insure appropriateness in relationship to surrounding properties.
Building heights shall be limited to 35 feet. A rezone to such permitted principal uses shall be
encouraged to be submitted as a Planned Unit Development for the western 10.52 acres of the
subject property, with special attention to be provided for shared access. Water management~
uniform landscaping, signage, screening and buffering will be provided at the time of rezoning to
ensure compatibility with nearby residential areas. and subject to the following additional
criteria:
. There shall be no access onto Livingston Woods Lane.
. There shall be a minimum setback area along the north property line of 75 feet.
. Driveway access, parking and water management facilities may be allowed within
the 75' setback area along the north property line but none of these uses shall be
located closer than 30 feet to the north property line.
. No freestanding automobile parking lots, homeless shelters or soup kitchens shall be
permitted.
~ie~a Item No. 8i
[Words underlined are added. Words stfuek threugR are de te June 8 20~
,
27 of 250
~----"--"""'""- -- "---
. The eastern 2.59 acres, more or less, of Tract 28 shall be preserved as wetlands and
no development may occur within this area.
. Within the western 10.52 acres, a loop road /easement will be constructed through
the property to provide access from Pine Ridge Road to Livingston Road and to
reduce traffic at the intersection.
See Map 6 for a detailed map of this Subdistrict.
- -
~..ID Santa Barbara Commercial Subdistrict [revised text, page 20]
The intent of this Subdistrict (Map 7) is to provide Golden Gate City with additional opportunities
for small-scale commercial development. Such development is intended to serve the
surrounding neighborhoods and persons traveling nearby. This Subdistrict is intended to:
contain low intensity uses which generate/attract relatively low traffic volumes; be appropriately
landscaped and buffered to protect nearby residential areas; be architecturally designed so as
to be compatible with nearby residential areas; and, limit access to promote public safety and
lessen interruptions to traffic flow on Santa Barbara Boulevard. Aggregation of lots is strongly
encouraged so as to allow greater flexibility in site design and ease in compliance with parking
requirements and other development standards. The types of uses permitted are low intensity
retail, offices, personal services, and institutional uses, such as churches and day care centers.
The boundaries of the Subdistrict are herebv exoanded to include the former Commercial
Subdistrict and also to extend aooroximatelv WJ8 &i188k& one (1) block to the east of the former
boundary (see MaD 7l. The intent of the Santa Barbara Commercial Subdistrict is to orovide
Golden Gate City with an area that is orimarily commercial. with an allowance for certain
conditional uses. The tvoes of uses oermitted within this Subdistrict are low intensity retail.
offices. oersonal services. and institutional uses. such as churches and day care centers. Such
develooment is intended to serve the needs of residents within the Subdistrict and surrounding
neiahborhoods and oersons travelina nearby.
Commercial and institutional uses oermitted within this Subdistrict are those that:
. Generate/attract relatively low traffic volumes:
. Are aoorooriately landscaoed and buffered to orotect nearby residential orooerties:
. Are architecturally desianed to be comoatible with nearby residential areas:
. Limit access and traffic flow to or from Santa Barbara Boulevard: and
. For oublic safety ourooses. restrict commercial traffic on local streets to daYliaht
hours.
This Subdistrict is intended to oromote commercial and institutional develooment oooortunities.
Therefore. in order to reduce the ootential conflicts that may result from residential. commercial
and institutional uses in close oroximity: existina residential uses shall cease to exist no later
than seven (7) vears after the effective date of the adootion of the revised Subdistrict
boundaries. This does not reauire the removal of the residential structures if they can be. and
are. converted to uses oermitted in this Subdistrict. within one additional year. The reauirement
to cease existina residential uses does not aooly to owner-occuoied dwellina units.
Witl:liR SRe year of the eff'eGti\'e date of the adgption of this Subc::listriQt, the lang Developmont
Code shall be amonded to p~de-speGifiG----\:lSe&-aRG-Ge'lelopment standards to implemont this
Subdistria. These-shall incluQe;.
~ie~a Item No. i;
[Words underlined are added. Words strHok through are de te June 8, 20
28 of 250
1. LandscaFHAfj-aR~g raquiremeAt&.-
2. J\rchitectuFal-Qesign standaraSo
3. Roquiremont to ceaso rosidential uses.
4. ProAfbitien of automobilo servico statieAs and similar repair faoilities. This does Rot
preclude convenience marts with gasolin6-f}~
5. Encouragement of shared parking with adjacont projects, wheFeVer possible,.
6. ft. minimum project area roquirement of 1 acre.
7. Encollragoment of shared aE:m~~6.
8. Encouragement of pedostrian. traffic by requiring sidewalks and r-equiring adjacent
projects to coordinate 10GatieA-ef:.siGawalks.
9. Building hoight limitation of t\"JO storios maximum, not to ())(cood 36 f-Get-:
10. S igAage Restricti9A&.
11. Varianoo provision applioablo to tho abovo itoms, oxoopt Numbor "4".
Within one vear of the effective date of the adoption of the revised Subdistrict boundaries. the
Land Development Code shall be amended to provide specific uses and development standards
to implement the revised Subdistrict. These shall include. but not necessarily be limited to:
1. Landscapino and bufferino reauirements.
2. Water manaaement provisions.
3. Architectural desion standards.
4. Prohibition of automobile service stations and similar repair facilities. This does not
preclude convenience marts with gasoline pumps.
5. EncouraQement of shared parking and access with adiacent proiects. wherever possible.
6. Provisions allowino local street vacation or relocation. if alternate access is provided.
7. A minimum proiect size of one acre.
8. Encouraaement of submittal of proposed development in the form of a PUD Zoning
District.
9. Provisions for sidewalks and coordination of sidewalk location between adiacent
oroperties.
10. Sianaae restrictions.
11. Buildina heiaht limitation of two stories. not to exceed a maximum of 35 feet.
12. Variance orovisions applicable to the above items. except items 4. 6. 9. 10 and 11.
8) Downtown Center Commercial Subdistrict [new text, page 23]
The tvpes of uses permitted within the Downtown Center Subdistrict (see Map 10) are low
intensity retail. offices. personal services. and institutional uses. such as churches and dav care
centers. Such development is intended to serve the needs of residents within the Subdistrict
and surroundina neiahborhoods and persons travelina nearbY. Therefore. in order to reduce
the potential conflicts that may result from residential. commercial and institutional uses in close
proximitv. existina residential units located alona Golden Gate Parkway shall cease to exist no
later than seven lD years after the effective date of the adoption of this Subdistrict. The
reaulations for this Subdistrict do not require removal of residential units that are not located
alona Golden Gate Parkwav. Nor do the reaulations for this Subdistrict reauire the removal of
anv residential structures if thev can be. and are. converted to uses permitted in this Subdistrict.
within one additional vear. The requirement to cease existina residential uses alona Golden
Gate Parkway does not apply to owner-occupied dwellina units.
In addition to the above. the ourpose of the Downtown Commercial Subdistrict is to encouraae
the creation of a pedestrian-oriented activity area along Golden Gate Parkwav without undulv
~ierma Item No. i~
[Words underlined are added. Words struek through are de te June 8 20
,
29 of 250
-,-"_.__.~ .___m'" ---_..- h__"
imoedina the flow of automobile traffic alona the Parkway. The orovisions of the Subdistrict are
intended to ensure the construction of commercial buildinas that are comoatible with each
other. and the adiacent residential areas. while also relatina to the pedestrian. All new
construction or redevelooment within the boundaries of the Downtown Commercial Subdistrict
shall be consistent with the followina orovisions:
A. The Downtown Commercial Subdistrict is intended to orovide for a mix of uses. including
lioht commercial. office. cultural~ residential and institutional. The oermitted uses in this
Subdistrict shall be mixed. with emohasis on multiole uses within the same structure.
The dwellina units within this Subdistrict are intended for emolovees who work within
Golden Gate Citv or Golden Gate Estates. retirees and seasonal residents. The orimary
function of this Subdistrict is to encouraoe the redevelooment of Golden Gate Parkway.
imorove the aesthetics and ohysical aooearance of the area. and establish a orosperous
downtown for Golden Gate City and Golden Gate Estates. Deve/ooment and
redevelooment themes for the Subdistrict shall include:
a) Provisions for. and encouraaement of. bicvcle and oedestrian travel.
b) An emohasis on buildina aesthetics and aooearance.
c) Encouraoement of mixed uses, includina residential. in a sinale structure.
d) Emohasis on an orderlv circulation oattern for automobile. bicycle and oedestrian
traffic.
e) A relation of uses to a walkable scale.
t) Provision of comfortable sidewalks or oathways.
g) Enhanced streetscaoina in the riahts-of-wav and medians.
h) Encouraaement of common oarkina areas for multi ole orooerties. as oooosed to
individual oarkina lots for each building.
i) Encouraaement of aualitv desians includina buildina facades. street Iiahtina.
harmonious sianaae and landscaoing.
B. The uses oermitted within this Subdistrict shall be similar to those uses oermitted within the
C-1. C-2 and C-3 Zonina Districts. as outlined in the Collier County Land Development
Code. All uses that are conditional uses in these zonina districts shall be conditional uses in
this Subdistrict. Outdoor dinina not directlv abuttina the Golden Gate Parkway riaht-of-way
shall also reauire conditional use aooroval. Uses that are not listed as permitted or
conditional uses within the C-1. C-2, and C-3 Zonina Districts shall be orohibited. The
followino uses are also orohibited:
1. Automatic food and drink vendina machines located exterior to a
buildina.
2. More than two (2) newsoaoer or advertisina circular vendina machines
oer block.
3. Anv commercial use emoloyina drive-uo. drive-in or drive-throuah
del iverv of aoods or services.
4. Manufacturina. storaae or distribution facilities as a orimary use.
However. these uses are oermitted if secondary to an artist's or craft
studio.
5. Enamelina. oaintina or olating as a orimarv use. However. these uses
are oermitted if secondary to an artist's or craft studio.
6. Cartine. movine or hauline businesses as a orineioal use. These
activities mav be oermitted for the ouroose of suoolvina other
businesses within the Subdistrict.
~~enaa Item No. ii
[Words underlined are added. Words struek threugh are de ted June 8, 20
30 of 250
7. Sinnle-room oC'.cuoancv hotels. orisons. detention facilities. halfwav
houses. SOUD kitchens or homeless shelters.
8. Businesses that manufacture...stom. or use hazard~materials as a
mimarv use. incllldina businesses that store or disoose of hazardous
wastes.
9. Scrao or.Jialvaae ~anis.
10. Mobile homes. Recreational V.ahicles. and mobile home or Recreational
Vehicles sales or serviC'.8.
11. Kennels. exceol.as....aOGillarv to a veterinarv nractice or Sheriffs
substatiorL.
12. Anv use which is incomDatible with the intended Duroose of this
Subdistrict.
C. First floors shall be for retail use only. Second floors may be used for retail, office. or
residential use. except that restaurants and cocktaillounQes are not permitted on second
floors. Third floors shall be limited to residential use.
D. Commercial and residential uses are reauired to a minimum depth of 30 feet from the
frontaae line of all floors. The remainina depth may be used fo~arkina. If the existina
lot (adiacent to Golden Gate Parkway) is adiacent to a rear aile ay. the parkina area
shall be across the alley from the structure it serves. Parking exposure on the frontaae
line shall be limited to an openina not wider than 25 feet.
E. Outdoor restaurant seating shall be permitted to encroach upon the public sidew~ks
adiacent to the private property. provided that a minimum clear pedestrian passa e of 5
feet is left between the seatina area and the streetward edae of the sidewalk.
F. Newspaper and circular machines in excess of the two per block limit, as described in
paraaraph A.2. above shall be relocated or removed, in conformance with County
standards. within 30 days from the date of adootion of this Subdistrict.
G. There shall be a minimum of three (3) public oarkina areas for every 1 ,ODD sauare feet of
commercial space and 1-~ parkina soaces for every residential unit. Parking space
reauirements shall be calculated on the basis of the net building area. There shall be no
parkina reauirement for outdoor restaurant areas. Wherever oossible. adioinina oroperty
owners shall share oarkina areas between their prooerties. All parkina areas shall
provide adeauate Iiahtinq. consistent with Policy 4.1.2 of this Element.
8) Collier Boulevard Commercial Subdistrict [new text, after page 23]
The Collier Boulevard Commercial Subdistrict (see Map 9) includes both C-3 and C-4 Zoning
Districts. The purpose of the Subdistrict is to provide incentives for the exoansion of such
zonina into immediatelv adiacent portions of Golden Gate City. The provisions of this
Subdistrict are intended to allow. but not reauire, cessation of residential uses in favor of C-3 or
C-4 commercial uses. dependina upon the existina adiacent commercial use. Within this
Subdistrict. buildinas may utilize a second stOry, limited to 35 feet in heiaht. with parkina areas
under the building.
The uses permitted within this Subdistrict will be in accordance with the Standard Industrial
Classification Codes for the C-3 and C-4 Zonina Districts (dependina upon existina zonina as of
the date of adoption of this Subdistrict) as identified in the Collier County Land Develooment
~~e~a Item No. i~
[Words underlined are added. Words SWGk ttueugh are de te June 8 20
I
31 of 250
--- ----.,-. _...~<.-
Code. However. any such uses are reauired to provide suitable landscaoina. control inaress
and earess. and ensure comoatibilitv with abuttina residential zonina districts. This Subdistrict
shall allow local street vacation or relocation if alternate access is provided. For public safety
ourooses, commercial traffic on local streets within or adiacent to the Subdistrict is limited to
davliQht hours.
a. Estates-Mixed Use District
1) Residential Estates Subdistrict ._ [revised text, page 25]
Single-family residential development may be allowed within the Estates:Mixed Use
St:mDElistrict at a maximum density of one unit per 2 ~ gross acres unless the lot is considered
a legal non-conforming lot of record.
2) Neighborhood Centers Subdistrict, Part c [revised text, page 26]
b) Criteria for land uses at the centers are as follows:
. Commercial uses shall be limited to intermediate commercial so as to provide for a
wider variety of goods and services in areas that have a higher degree of automobile
traffic. These uses shall be similar to C-1, C-2, or C-3, Zoning Districts outlined in
the Collier County Land Development Code (Ordinance 91-102, adopted October 30,
1991 ).
. The Neighborhood Center located at the intersection o(Pine Ridge Road and Collier
Boulevard CR 951 may be developed at 100% commercial and must provide internal
circulation. Any rezoning is encouraged to be in the form of a PUD. This
Neighborhood Center may also be utilized for single-family residential or conditional
uses allowed in the Estates zoning district such as churches, social or fraternal
organizations, childcare centers, schools, and group care facilities.
. Parcels immediately adjacent to commercial zoning within the Neighborhood Centers
located at the intersections of Golden Gate Boulevard and Wilson Boulevard, Golden
Gate Boulevard and Everglades Boulevard, Everglades Boulevard and Immokalee
Road may qualify for Conditional Use under the transitional use provision of the
Conditional Use Subdistrict of this Master Plan Element.
. A single project shall utilize no more than 50 % of the total allowed commercial
acreage. The percentage may be increased at the discretion of the Board of County
Commissioners.
. The project shall make provisions for shared parking arrangements with adjoining
developments.
. Access points shall be limited to one per 180 feet commencing from the right-of-way
of the major intersecting streets of the Neighborhood Center. A maximum of three
curb cuts per quadrant shall be allowed.
. Driveways and curb cuts shall be consolidated with adjoining developments,
whenever possible.
. Driveways accessing parcels on opposite sides of the roadway shall be in direct
alignment, except when the roadway median between the two parcels has no
opening.
. Pro:ieots directly abutting Estates zoned property shall provide, at a minimum, a 75
foot bl:lffor of mtaines nati'le '/ogotation in whist:! AD parking or 'Hator managomont
usos arQ permittod; exoopt that for valid, approved conditional uses, no such buffor is
requirod.
~~eWa Item No. ii
[Words underlined are added. Words struGk threugh are de te June 8, 20
32 of 250
. Projects shall provide a 25-foot wide landscape buffer abutting the external right of
way. This buffer shall contain two staggered rows of trees that shall be spaced no
more than 30 feet on center, and a double row hedge at least 24 inches in height at
time of planting and attaining a minimum of three feet height within one year. A
minimum of 50% of the 25-foot wide buffer area shall be comprised of a meandering
bed of shrubs and ground covers other than grass. Existing native trees must be
retained within this 25-foot wide buffer area to aid in achieving this buffer
requirement; other existing native vegetation shall be retained, where possible, to aid
in achieving this buffer requirement. Water retention/detention areas shall be
allowed in this buffer area if left in natural state, and drainage conveyance through
the buffer area shall be allowed if necessary to reach an external outfall.
. For Tract 114, Golden Gate Estates, Unit 26, access shall be restricted to 11th
Avenue S.W. Also, vehicular interconnection shall be provided to the adjacent
property(s) in the Pine Ridge Road/Collier Boulevard Neighborhood Center.
. All buildinas shall have tile roofs. 'Old Stvle Florida' metal roofs or decorative oaraoet
walls above the roofline. The buildinQs shall be finished in IiQht, subdued colors,
exceot for decorative trim.
. Buildina heiahts shall be limited to one (1) story. with a maximum height of thirty-five
(35) feet. This orovision onlv aonlies east of Collier Boulevard.
. AllliQhtinQ facilities shall be architecturallv-desiQned, and shall be limited to a heiQht
of twenty-five (25) feet. Such IiQhtina facilities shall be shielded from neiahboring
residential land uses.
. Commercial uses shall encouraQe oedestrian traffic throu9h placement of sidewalks.
pedestrian walkwavs. and marked crosswalks within oarkina areas. Adjacent
proiects shall coordinate placement of sidewalks so that a continuous pathway
throUQh the Commercial Subdistrict is created.
. All buildinas and orojects within anv sinole specific cuadrant of the Subdistrict shall
utilize a common architectural theme. This theme shall be applicable to both building
desiQn and sianage. .
. No buildinQ footprint shall exceed 5.000 square feet. unless the proiect is submitted
in the form of a PUD. Walkwavs or courtyards shall connect adiacent buildinQs. This
orovision onlv applies east of Collier Boulevard.
. Drive-throuah establishments shall be limited to banks. with no more than 3 lanes:
the drive-throuah areas shall be architecturallv intearated with the rest of the
buildinq. This provision onlv aoolies east of Collier Boulevard.
. Fences or walls may be constructed on the commercial side of the reauired
landscaoe buffer between adjacent commercial and residential uses. If constructed.
such fences or walls shall not exceed five (5) feet in heiaht. Walls shall be
constructed of brick or stone. Fences shall be of wood or concrete oost or rail tvoes.
and shall be of aDen desian (not covered bv slats. boards or wire).
. Projects directlv abuttina residential prooertv shall provide. at a minimum. a seventy-
five (75) foot wide buffer in which no parkinQ uses are permitted. Twentv-five (25)
feet of the width of the buffer alonq the develooed area shall be a landscaoe buffer.
A minimum of fiftv- (50) feet of the buffer width shall consist of retained native
veaetation and must be consistent with subsection 3.9.5.5.6 of the Collier County
Land Develooment Code (LDC). The native veaetation retention area may consist of
a perimeter berm and be used for water manaaement detention. Any newly
constructed berm shall be reveaetated to meet subsection 3.9.5.5.6. of the LDC
(native veaetation reolantina reauirements). Additionallv. in order to be considered
~~e~a Item No. ii
[Words underlined are added. Words 6Vuek thr9ugh are de te June 8, 20
33 of 250
"'m._____ --'---"--"~'-'-'-' _.<-~.__..,
for aooroval. use of the native vegetation retention area for water manaaement
ourooses shall meet the followina criteria:
a. There shall be no adverse imoacts to the native veaetation beina retained. The
additional water directed to this area shall not increase the annual hYdroperiod
unless it is oroven that such would ~G ~8A8fieial have no adverse imoact to the
existina veaetation.
b. If the oroiect reouires oermittina bv the South Florida Water Manaaement District.
11m oroiect shall orovide.a letter or official document from the S8wtA FleFisa Water
MaAase~eAt District indicatina that the native veaetation within the retention
area will not have to be removed to comoly with water manaaement
reauirements. If the District cannot or will not suooly such a letter. then the
native veaetation retention area shall not be used for water manaaement.
c. If the oroiect is reviewed by Collier County. the County enaineer shall orovide
evidence that no removal of native veQetation is necessary to facilitate the
necessary storaae of water in the water manaaement area.
. Projects within the Neighborhood Center Designation that are submitted as
PUDs shall provide a functional public open-space component. Such public open-
space shall be developed as green space within a pedestrian-accessible courtyard,
as per Section 2.4.5.4 of the Collier County Land Development Code, as in effect at
the time of P.U.D. approval.
. The following principal permitted uses are prohibited within Neighborhood Centers:
Drinking Places (5813) and Liquor Stores (5921)
Mail Order Houses (5961)
Merchandizing Machine Operators (5962)
Power Laundries (7211)
Crematories (7261) (Does not include non-crematory Funeral Parlors)
Radio, TV Representatives (7313) and Direct Mail Advertising Services (7331)
NEC Recreational Shooting Ranges, Waterslides, etc. (7999)
General Hospitals (8062), Psychiatric Hospitals (8063), and Specialty Hospitals
(8069)
Elementary and Secondary Schools (8211), Colleges (8221), Junior Colleges (8222)
Libraries (8231)
Correctional Institutions (9223)
Waste Management (9511)
Homeless Shelters and Soup Kitchens.
1) Reeis9Aijal Iistates iw~sistr:i&t [revises tem, pase 2i)
iiA81G family reGi&BAtial &8'/BIBpmBRt may liB allo\"/e& witAiR tAB Iietates MinB& Uso
iw~g&istA&t at g ~gKi~WFA SGAsit'j' ef GRe WAit ~er 2 H. sross goras wRless tAe lat is
BeRBi88Fe8-<8.fB8al RBR BB~iRs-48t of "089M..
4) Commercial Western Estates Infill Subdistrict [revised text, page 31]
a) Size and Location:
. The Subdistrict includes a 6.23-acre parcel. located at 'he southwest corner
of Vanderbilt Beach Road and Collier Boulevard (see Map 4& 16). The parcel
is identified as Tract 105, Unit 2, Golden Gate Estates.
~~enaa Item No. ii
[Words underlined are added, Words struBk threugh are de ted June 8, 20
34 of 250
5) Conditional Uses Subdistrict, Part b [revised text, page 31]
b) Golden Gate Parkway and Collier Boulevard Special Provisions:
Conditional uses shall only be pormitted on Golden Gate Park\vay, east of Livingston Road and
'/Jest of Santa Barbara Boulevard, and ontAe-west-side of Collier Boulevard, north of Greon
80ule'/ara and south of Vanderbilt Boach Road Extonsion, if the subjeot parcol is EfireGtly
bounded by existing conditional usos 6n two (2) or more side-yards, with no intervening rights
at way or watorways, except for the follCY..viAff,
Conditional uses (except essential services, as described in Paragraph a), above) shall not be
permitted:
. On those parcels immediately adjacent to the west side of CR 951 Collier
Boulevard within the Estates Designated Area unless the parcel is directly
bounded by conditional uses on two (2) or more side yards with no
intervening rights-of-ways or waterways;
. Recoanizing the existing residential nature of the land uses surrounding the
planned 1-75 interchanae at Golden Gate Parkwav. there shall be no further
conditional use or commercial zoning for orooerties abutting Golden Gate
Parkwav. between Livinaston Road and Santa Barbara Boulevard. Further.
no orooerties abuttina streets aceessing Golden Gate Parkway within the
above-defined seoment shall be classified for conditional or commercial uses.
This orovision shall not be construed to affect the area described in
Paragraoh 1. below.
1. EsseAtial servicos, as pfeViaed in ParagFatm-a), above; ana
1~. In consideration of the improvements associalad with the proposed interchange at
Interstate 75 and Golden Gate Parkway, the existing conditional use (church and related
facilities) located at the southeast corner of Golden Gate Parkway and 66th Street, S.W.
may be expanded in acreage and intensity along the south side of Golden Gate
Parkway G.~9R to the east of 66th Street, S.W. i1fu.-i4lR~~9~ i.W., but the total
project area shall not exceed 8.21~ acres (see Map 15). Aaaitiooally, the parcel
propesed for expansion shall not be sLlbject to the requirement that it be dir~ctIy
bounded on at least VNO side yards by cORGmonal uses.
23. The parcel located immediately south of the Commercial Western Estates Infill
Subdistrict, on the west side of Collier Boulevard, and at the southwest quadrant of the
intersection of Vanderbilt Beach Road and Collier Boulevard, shall be eligible for a
transitional conditional use designation.
e) Special Exceptions to Conditional Use Locational Criteria: [revised text, page 31.3]
Temporary Use (TU) Permits for model homes are not subject to the locational criteria for
Conditional Uses and may be allowed anywhere within the Estates-Mixed Use District.
Temporary use (TU) permits for model homes, as defined in the Collier County Land
Development Code, may be allowed anywhere within the Estates-Mixed Use District.
Conditional use permits submitted for the purpose of extending the time period for use of the
~~e~a Item No. ~~
[Words underlined are added. Words ewelHhfelijJR are de te June 8 20
,
35 of 250
-'- ~,-" --" ~._--,-~-
structure as a model home shall not be subject to the locational criteria of the Conditional Uses
Subdistrict, and may be allowed anywhere within the Estates-Mixed Use District.
3. AGRICULTURAL/RURAL DESIGNATION - RURAL SETTLEMENT AREA DISTRICT
[revised title, page 34J
Rural Settlement Area District
- -
EXHIBIT A
FUTURE LAND USE ELEMENT
FUTURE LAND USE DESIGNATION
CPSP-2003-11
OVERVIEW
~~ewa Item No. ii
[Words underlined are added. Words stfusk threygh are de te June 8, 20
36 of 250
A. and B. No change.
C. UNDERLYING CONCEPTS rDaoes 4.51
The land use strateov established bv this Element is based on a series of concepts, which
emerge from the foundations cited earlier. The policy direction and implementation
mechanisms closelv relate to these underlving concepts.
Protection of Natural Resource Svstems
Collier Countv is situated in a uniaue. sensitive and intenselv interactive phvsical
environment. Natural resources are abundant: a subtropical climate with annual wet and dry
seasons: enormous oroundwater productivity: vast wetland areas; laroe ranaes of habitat
with diverse and uniaue flora and fauna. including many species that are Federallvand/or
State listed, warrantino special protection: extensive and highly productive estuarine
svstems: and. manv miles of sandv beach. In addition to their habitat value. these natural
resources perform functions that are vital to the health. safety and welfare of the human
pooulation of the Countv. and serve as a powerful maonet to attract and retain visitors and
residents. Therefore. protection and management of natural resources for lono-term viability
is essential to support the human population, ensure a hioh aualitv of life. and facilitate
economic development. Important to this concept is manaqement of natural resources on a
svstem-wide basis.
The Future Land Use Element is designed to protect and manage natural resource svstems
in several ways:
. Urban Designated Areas on the Future Land Use MaD are located and configured to
auide concentrated population orowth and intensive land development awav from
areas of oreat sensitivity and toward areas more tolerant to development.
. Within the Urban Designated Areas this Element encouraaes Planned Unit
Develooment zoning and assigns maximum oermissible residential densitv based on
the aross land area. Throuah site olan review procedures in the Land Develooment
Regulations (LDRs), development is auided t the oortions of the oroperty that is are
of lesser environmental aualitv. thus, in effect. constitutina an on-site transfer or
clusterino of development riahts.
. A broader "off-site" Transfer of Development Riohts (TDR) orovision and
Stewardshio Credit Svstem, set forth in this Element and primarilv aoolicable to the
Rural Frinae Mixed Use District and Rural Land Stewardship Area is a kev
comoonent of the County's overall strategy to direct incomoatible land and uses
awav from imoortant natural resources. includina large connected wetland systems
and listed soecies and their habitat.
. An Area of Critical State Concern Overlav is included on the Future Land Use MaD to
ensure implementation of all applicable Land Develooment Regulations in the
Okaloacoochee Slouah. Bia Cvpress Swamp. Fakahatchee Strand and Ten
Thousand Islands areas.
. The Countv has desionated several iAteFiffi Natural Resource Protection Area
(NRPA) overlays as pormanent NRPAs I....hich within the Rural Fringe Mixed Use
District. The County has also desianated Flowway Stewardship Areas (FSAs) and
Habitat Stewardship Areas (HSAs) within the Rural Lands Stewardship Overlav.
These areas are intended to maintain the connection between and the preservation
of. larae connected wetland svstems and critical habitat areas for listed species bv
allowino very limited land uses and throuoh hioh native veoetation preservation
~ienaa Item No. ii
[Words underlined are added. Words struok threugk are de ted June 8 20
,
37 of 250
.~_'_'"..H~' _.,'___
standards and buffers from adiacent land uses. These pormanoRt NRM overlay
areas are primarilv located within the Rural Frinae Mixed Use District and the Rural
Lands Stewardshio Overlay where these larae connected wetlands systems and
habitat areas occur.
. The County has desianated Water Retention Areas lWRAs) within the Rural Lands
Stewardship Overlav for the further protection of surface water Qualitv and Quantity
and protection of habitat for listed species.
. The County's Land DeveloDment Reaulations provide standards for protection of
aroundwater. particularlY in close vicinity to public water supply wells by
implementina policies set forth in the Natural Groundwater Aauifer Recharge
Element.
. Natural resources are also protect throuah close spatial and temporal coordination of
land development with the availability of adeauate infrastructure (public or private
facilities) to ensure optimized accommodation of human impacts. particularly in
relation to water sUPply. sewaae treatment. and manaaement of solid waste. This
coordination is accomplished throuah the Drovision of public facilities as detailed in
the Capital Improvements and Public Facilitv Elements and throuah the Level of
service Standards (LOS) found herein.
Of crucial importance to the relationship between natural resources and land use is the
completion and implementation of multi-obiective watershed manaaement clans as
described in the Drainaae Element. Water is the greatest intearator of the physical
environment in that it links toaether dynamic ecolocical and human systems. Therefore.
the watershed manaaement plan must take into account not only the need for drainaae
and flood protection but also the need to maintain water table levels and an
approximation of natural discharae to estuaries. The watershed manaaement plans will
have implications for both water manaaement and land use practices.
Coordination of Land Use and Public Facilities throuah Protection of Private Property
Riahts No chanae.
D. No chanae.
E. FUTURE LAND USE MAP fDaae 101
The Future Land Use Map depicts the desired extent and aeoarachical distribution of
land uses in the County. Mixed-use cateaories are used to aenerally describe the
character of allowed development. Within each of these cateaories. a range of uses is
permitted based upon specific standards as described in the Desianation Description
Section of this Element. These educational. community. and public facilities.
The Future Land Use Map series includes additional mac series:
North Belle Meade Overlay Map
Future Land Use Map - Mixed Use Activity Centers and Interchanae Activity Centers
Future Land Use Map - Properties Consistent by Policy (5.9. 5.10. 5.11)
Future Land Use Map - Natural Resources: Wetlands:
Future Land Use Map - Wellhead Protection Areas
Future Land Use Mao - BayshorelGateway Trianale Redevelooment Overlay Map
Future Land Use Map - Stewardship Area Overlay:
Urban-Rural Frinae Transition Zone Overlay
Future Land Use Map - Rural Lands Study Area Natural Resource Index Maps
~~enaa Item No. ~B
[Words underlined are added. Words stfyGk threugh are de ted June 8, 20 It
38 of 250
IMPLEMENTATION STRATEGY
GOALS, OBJECTIVES AND POLICIES
No chanae.
DESCRIPTION SECTION
I. URBAN DESIGNATION
A. Urban-Mixed Use District
No change. ---
1. through 14. No change
DENSITY RATING SYSTEM [pages 37-39]
a.1. through a.3. No change.
a.4. Residential in-fill.
(a) through (g) No change.
(h) Projects qualifying under this provision may increase the base density
administratively by a maximum of one dwelling unit per acre by transferring that
additional density from Sending Lands. 'Nithin one year, the Count}' will adopt
LDRs te implemont this "by fight" Rural la-Urban transfer proooss, subjoct to tho
abovo criteria, 9lcaluding (c).
5. through 7. No change.
b. and c. No change.
d. Density Blending:
This provision is intended to encourage unified plans of development and to preserve
wetlands, wildlife habitat, and other natural features that exist within properties that
straddle the Urban Mixed Use and Rural Fringe Mixed Use Districts or that straddle
Receivina and Neutral Land within the Rural Frinae Mixed Use District. In the case of
such properties, which were in existence and under unified control (owned, or under
contract to purchase, by the applicant(s)) as of June 19. 2002, the allowable gross
density for such properties in aggregate may be distributed through the project
regardless of whether or not the density allowable for a portion of the project exceeds
that which is otherwise permitted.. . when the followina conditions are met:
1. and 2. No change.
3. Densitv Blendino Conditions and Limitations for Prooerties Straddlina Receivina and
Neutral Lands within the Rural Frinae Mixed Use District:
(a) The proiect must straddle Receivina Land and Neutral Land in the Rural Frinae
Mixed Use District.
(b) The proiect in aagregate must be a minimum of 80 acres in size.
(c) At least 25% of the proiect must be located in Receivina Land. The proiect must
extend central water and sewer to serve the entire proiect. unless alternative
interim sewer and water provisions are authorized by the County.
(d) The proiect must be zoned PUD.
(e) It must be demonstrated that development on the site is to be located so as to
preserve and orotect the hi9hest Quality native vegetation and/or habitat on-site
and to maximize the connectivity of such native veaetation and/or wildlife habitat
with adiacent preservation and/or habitat areas.
(f) The oroiect shall comply with the native veaetation reQuirements applicable to
Neutral Lands. as set forth in the CCME.
(g) Permitted uses for density blending under this provision shall include residential
development and associated amenities, including Qolf courses meeting the
criteria for !Jolf courses within the Neutral Area. This provision is not intended to
~~enaa Item No. iB
[Words underlined are added. Words &tFuak thrGlIgR are de ted June 8, 20 ~
39 of 250
--.-.--
eliminate any uses oermitted within the apolicable underly;na land use
desianation.
B. through C. No change
II. AGRICUL TURAURURAL DESIGNATION [pages 52-
The Go,/()rnor and Cabinot sitting as tho Administration Commission, on June 22, 1QQQ, issuod
the Final Or:aor (J\C QQ 002) pl:Jrsl:Jant to SoGtion 163.3184(10)(b), Florida Statutes, in Division
of Administrati'.-e Hoarings Case No. Q8 9324GM. PUFSuant to the Order, Collier County is
required to proparo a Rural an(;/ Agricultural J'.ssossment (Assossment). This Assessmont may
be phased.
Tho GeogmphiG Scopo of the j\ssossmont Aroa shall bo as follo\'l6:
Includes: All land designatod l\griculturaI/Rural, oxoopt as noted beloWj-
Big Cypress .^l'-ea of Critical State Concern (.'\CSC), except as notod bolow;
Consorvation lands outside the Urban Boundary, except as noted bolow; and,
South Golden Gate Estatos.
I5xsluEles: All Ur:ban Efosignatea aroa&;
Northern Golden Gate Estates;
The Settlemont District.
The Assessment has Deen oomploted and the Interim Development Provisions are no longor
applioablo, for those aroas:
+he J\gricultuml/Rural area encompassod by tho Ruml Lands Sto\'/ardship Aroa
Overlay, \f.-hich includos a portion of the Big Cypress Nee of Critical Stato Conoorn;
The Conservatien (;/esigRateEllands 'Nithin the EasterFl (Rl:lral) Lands Study A"ea,
kno\l'm as tho Okaleaoeoohee Slough State Forost v:hioh inoludos a portion of tho
Big Cypross Araa of Critioal Stato Conoom, and the Corkscro'lf MaFSh CRE'j\J Trust
Lands; and
The Conservation designated lands outsido of both tho Eastorn (Ruml) Lands Study
Area and tho Ryral Fringe Study Aroa, which inoludos the largest portion of the Big
Cypr-oss /'u"'ea of Critiaal State Concern.
The Ruml Fringe Mixed Uso District,
Othor privatoly ownod lands gonerally 10cateEt north of Everglades City; and,
North Bello Moad, Bolle Meade, aRd CRE'.^! NRP.J\s.
Tho I\ssossmont, or any phase thoroof, shall be a collabomtive, oommynity based effort with full
and broad base(;/ public partioipation amI assistance from applicable State and Regional
agenoies. J\t a miRiml:Jm, the A6&oSGmeAt must ioontify the meeRS to acoomplish the f-oIlO'f/ing:
1. Identify and propose measuros to protoot prime agricultl:Jml areas. Suoh moaSl-Jres should
provont tho premature conv()rsion of agrioolturallands tQ othor usos.
2. Diroot inoompatible uses away from wetlands and upland habitat in ordor to protect wator
quality and quantity and maintain the natural wator regime as well as to protect listed animal
and plant speoios and their habitat&.
3. !'.S69SS tho grO'.<Ah potential of tho Aroa by assessing the potential convcrsion of rural lands
to other uses, in appropriate locatioRs, while discQl:lraging l:JmaR spf3'l.\'I, GfireQting
incompatible land yses away from oritical habitat and onGOlJraging deV()lopmont that utilizos
creative land uso planning teohniques inoll:lGing, but not limited to, publi.o and private
sohools, urban villagos, naw toWRS, &atollito communities, aroa basad allosatioR&, clustoring
and open space provisions and mixod uso development. The Assessmont, or any phaso
theroof, shall rooognize the substantial ad'.-anlages of innovative approaches to
development wmch may bottor serve to protect environmontally sonsitive aroas, maintain
~~enaa Item No. ii
[Words underlined are added. Words struok threugR are de ted June 8, 20
40 of 250
the oconemic viability of agricultural and other prodominantly rural lands, and provido for tho
cost efficioAt-Gelivery of public facilities and servicos.
Interim Development Provisions of Agricultural Assessment Area
Amendments basea-en the Assessment shall be completed by June 22, 2002, for the
Rural Fringe Ar~a, and by November 1, 2002, for the balance of the Assessment Nea.
Residential and other uses in the Area for which completed applications for de'Jolopment
approval, rezoning, Gonditienal use, subdivision approval, site plan approval, or plats
were filed with or approved by Collier County prior to June 22, 1999, shall be processed
and considered undor the Comprehensive Plan as it existed on June 22,1999. If the
County elects to address a speam&iJ6egraphic portion of tho .^.rila as a phaso of tho
Assessment, the interim land use controls shall be lifted from the spocific geographic
aroa upon completion of the applicable phase of the .l\Gs06smont and the implemonting
CompFehonsive Plan ameRGffients for that phase become effocti'.'o. Until the
Assessment is comt>>ete-aAG-semprBReAsive plan amendmonts to implement the
Assessment, or any phase thereof, are in effect the only land uses and development
allowable in tho area shall be those-set forth in the Agricultural/Rural Mixed Use District
and tho Land De'Je/opmont Code (Section 2.2.2) in o",oct on June 22, 1999, fer tho
AgRcultural.'Rural District, ~ccept the following usos are prohibited and shall not bo
allowed: Anv aoolication for conditional use filed orior to Julv 22. 2003. relatina to that
land subject to an Aareed Order Abating Case dated Aoril 8. 2003, which aoolication
also includes orooerties under common or related ownershio with and ooerated and
maintained bv the same or related operator of such land. shall be orocessed and
considered oursuant to the Interim Develooment Provisions that were in effect from
March 7. 2001. until Julv 22.2003.
4-:-New golf courses-er dri'Jing ranges.
2. Extonsion or now provision of contral 'Nater arid sewer service into the .^.rea.
3. New paokage wastewater treatmeAt plants.
4.~sidential develop OKcept farm.....orker housing or hOl:.lsing diroctly related to support
faFmiAg oporotions, or staff housing (12 dulao) and othor USDS directly relatod to the
maAagement of publicly O'.\lned land, or ono single family dwelling unit per lot or pafGel.
created prior to June 22, 1999.
5. Commorcial or industrial development exoept gas and telephone faoilities, olectrio
transmission and distribution facilities emergency power strblctl::lr~S, fire and police
statieAS, emergency modical stations.
6. Transient rosidential Sl-JGA-aS hotels, motels, and bed anG-bF=eakfast faGMs,.
7. Zoo, aquarium, botanical gardon, or otheHiimilar 3Fea&:
8. Public and private schools.
9. Collection and transfer sitos for resource recovery.
10. Landfills.
11. Social and fr-aterna~nizations.
12. Group Gare facilitios.
13. Sports instructional schools and camps.
14. Asphalt BRd sencr-ete bald;l making plants.
15. Rocroational \fDhicle Parks.
Theso intorim development standarils shall not affect or limit the continuation of oxisting
uses. Existing uses shall alse include those uses for which all requirea permits have bean
issued, or uses for which completed applications have been r-eceived by the County prior to
June 22, 1999. The continuation of oxisting uses shall includ6-6*pansions of those uses if
. ~~e~a Item No. i9
[Words underlined are added. Words struek threugk are de te June 8, 20
41 of 250
-- --- --,--- ~._-._--
,..,"._--~--- " ,--
SUGh expansions aro sensistont with or c10arly anoillary to tho existing use ans de Ret
require a rezening or comprehensive plan amendt'lleflh
Natural ReS9b1F6e PrGteGti9R ~....eas (NRPA6)
The following areas shall be gener-ally mapped and identified as NRP~'\s:
These NRPAs are designated OR the Future Land Use Map:
1. 'Nithin these areas, only agriculture and directly related uses and one single family dwelling
unit per paFGeI sr lot Greate prier to Jl:Ine 22, 1999, sRall be allowed;
2. These interim d9'IOIQFlment standards shall nQt affoct or limit the continblation. of existing
uses. Existing b1ses shall also includo thoso usos for 'Nhich all required permits have beon
issuos, er b1ses for which cQmpleted applieations have Imon reGeiveB by the County prior to
June 22, 1999. The continuation of oxisting uses shall include expansions of those uses if
such oxpansions are Gone:istont '!lith or clooMy ancillary to thQ oxisting usos and do not
r~quir-e a reroning or Gomprehensivo plan amendmont;
3. The genemllooation shall be idontifiod on a map as the interim NRP.^.s and shall be refinod
as actual data and analysis is made available during the Collier County Rural and
Agricultural /\rea ~.ssessment.
The Agricultural/Rural Land Use Designation is for those areas that are remote from existing
development pattern, lack public facilities and services, are environmentally sensitive or are in
agricultural production. Urbanization is not promoted, therefore most allowable land uses are of
low intensity in an effort to maintain and promote the rural character of these lands.
The following uses and densities are generally permitted under this Designation subject to the
Intorim Do':olopmont Pr-ovisions, wher{) opplieablo but may not be permitted in all Districts and
Subdistricts, and may be subject to specific criteria, conditions, development standards;
permitted densities may be greater, or lesser, than that stated below, in some Districts and
Subdistricts. Alternatively, the Rural Lands Stewardship Area Overlay contains Areas
participating in the Stewardship Credit System.
a. through k. No change.
I. Commercial uses as principal uses, as provided for within the Rural Commercial
Subdistrict and Rural Villages within the Rural Fringe Mixed Use Subdistrict District,
and based upon the criteria set forth therein, respectively.
m. Industrial uses as provided for within the Rural-Industrial Subdistrict and for
Research and Technology Parks within Rural Villages in Rural Fringe Mixed Use
SYBdistrict District, and based upon the criteria set forth therein, respectively;
n. No change.
A. Agricultural/Rural - Mixed Used District No change.
1. Rural Commercial Subdistrict
Within the Agricultural/Rural Mixed Use District, commercial development, up to a
maximum of 200 acres, may be allowed providing the following standards for intensity of
use are met and subject to tho Interim Devolopment Provisions:
a. The project, or that portion of a larger project, which that is devoted to commercial
development, is 2.5 acres or less in size;
b. through f. No change.
B. Rural Fringe Mixed Use District [pages 57-63]
No change.
~~erma Item No. i~
[Words underlined are added. Words stnlsk thr9ugh are de te June 8,20
42 of 250
1. Transfer of Development Rights (TOR), and Sending. Neutral. and Receiving
Designations: The primary purpose of the TDR process within the Rural Fringe mixed
Use District is to establish an equitable method of protecting and conserving the most
valuable environmental lands, including large connected wetland systems and significant
areas of habitat for listed species, while allowing property owners of such lands to
recoup lost value and development potential through an economically viable process of
transferring such rights to other~ more suitable lands. Within the Rural Fringe Mixed Use
District and within designated areas of the :\gricultural/Rural Mixed Use District,
residential density may be transferred from lands designated as Sending Lands to lands
designated as Receiving Lands on the Future Land Use map, subject to the following:
provisions below. Residential density may not be transferred either from or into areas
desianated as Neutral Lands throuah the TDR Process.
A) Receiving Lands: No change.
1. Maximum Density: The base residential density allowable for designated
Receiving Lands is one (1) unit per five (5) gross acres (0.2 dwelling units per
acre). The maximum density achievable in Receiving Lands through the TDR
process is one (1) dwelling unit per acre. This maximum density is exclusive of
the Density Blending orovisions. Dwellina Units may onlv be transferred into
Receivina Lands in whole unit increments (fractional transfers are orohibited).
Once the maximum density is achieved through the use of TDRs Credits,
additional density may be achieved as follows:
~ a ~ density bonus of no more than 10% of the maximum density per acre
shall be allowed for each additional acre of native vegetation preserved
exceeding the minimum preservation requirements set forth in Policy 6.1.2 of
the CCME.
!tl A density bonus of no more than 10% of the maximum density per acre shall
be allowed as provided in Policv 6.2.5(6)b of the CCME.
This maximum density is exclusi'Je of the Density BleAGiAg provisions. (')o.\'elling
-UAitsmay-enly be transferr-ed into ROG9i'ling Lands in whole uRiHAcrements
(fractional transfors ara prohibited}.-
2. through 4. No change.
5. Permitted Allowable Uses: Uses within Receiving Lands are limited to the
following:
a) Agricultural uses such as farming, ranching, forestry and beo keo~iAiJ;
b) No change.
c) Multi-family residential structures shall be permitted under the Residential
Clustering provisions of this plan... subject to the development of
appropriate development standards to ensure that the transitional semi-
rural character of the Rural Fringe Mixed Use District is preserved. These
development standards shall include, but are not limited to: building
heights1... design standardsj-aAG, buffers... and setbacks.
d) through j) No change.
k) Golf courses or driving ranges, subject to the following standards:
(1) The minimum density shall be as follows:
(a) For golf cour~o projects utilizing Density Blending Provisions set
forth in the Density Rating System of the-J;WE: ono (1) dwelling
lIAit per five (5) gross acros
{bt-For golf course projects not utilizing Density Blending Provisions,
including both freestanding golf courses and aolf courses with
associated residential develooment: the minimum density shall bo one
(1) dwelling unit per fivo acros, and one additional d.....elliAg unit por
~~e'dia Item No. i'i
[Words underlined are added. Words stFuak through are de te June 8, 20
43 of 250
-'.'- -""'~--
fivo (5) groGs aor-os for the orie TDR Credit shall be reauired for every
five (5) aross acres of land area utilized as part of the golf course,
including the clubhouse area, rough, fairways, greens and lakes, but
excluding any area dedicated as conservation,=JNhioh that is non-
irrigated and retained in a natural state. The aElditional requirod
density for such golf oourse developmont shall be aohieved by
acquiring TDRs Cr~dits from Sending Lands. Anv residential
develoomentassociated with the c;Jolf course shall have a minimum
density of one (1) dwellina unit oer five acres.
(2) Golf courses shall be designed, constructed, and managed in
accordance with the best manaaement oractices of Audubon
International's Gold Signature Program and the Florida Department of
Environmental Protection.
(3) through (7) No change.
I) through n) No change.
0) Public educational plants and ancillarv olants, subjoot to tho following
critoria:
Site area ami school sizo shall 130 subjest to tho Goneral EQucational
Facilitios Roport submitted annually by tho Collior County School Board
to tho Board of County Commissionors.
The Site must comply .....ith tho Stato Roquiroments for Educational
Facilitios aQoptoEl13y tho Stato Board of EEluoation.
Tho silo shall be subjoct to all applicablo State or Fodoral regulations.
p) through u) No change.
v) Parks. ooen soace. and recreational uses.
w) Private schools.
6. Density Blending.,. shall be permitted S~ubject to the provisions set forth in the
eDensity fRating s,System.
7. No change.
8. Adiustment to Receivina Land Boundaries. For all orooerties desianated
Receivina Lands where such property is contiauous to a Receivina Land/Sendina
Land boundary. the oropertv owner may submit data and analvsis to the County
in an attemot to demonstrate that a chanae in the boundary is warranted. Within
one year from the effective date of this orovision. the County may initiate a
Growth Manaaement Plan amendment to consider such boundary chanaes uoon
a showina of the followina:
a) The orooerty is contiauous to Sendina Lands:
b) Site specific environmental data submitted by the property owner. or other
data obtained by the County. indicates that the subiect property contains
characteristics warrantina a Sendina desianation: and
c) An adiustment to the Receivina Land boundarY will not adverselv affect the
mR proaram.
B) Neutral Lands: No change.
1. and 2. No change
3. Permittee Allowable Uses:
a) Agricultural uses such as farming, ranching, forestry and boe keeping;
b) No change~
~~enaa Item No. iB
[Words underlined are added. Words strUGk through are de ted June 8, 20 I;
44 of 250
"~"""~"'''"'',,"'"",n''''.''
c) Multi-fa/'Aifly residential structures shall be permitted under the Residential
Cluster;no provisions of this plan, subiect to the development of appropriate
development standards to ensure that the transitional semi-rural character of
the Rural Fringe Mixed Use District is oreserved. These development
standards shall include, but are not limited to: buildina heiohts. desian
standards. buffers. and setbacks.
Renumber c) through h) to d) through i).
ijj) Golf courses or driving ranges, subject to the following standards:
(1) Golf courses shan be designed, constructed, and managed in accordance
with the best manacement practices of Audubon International's Gold
Signature Program and the Florida Department of Environmental
Protection.
(2) through (6) No change.
Renumber j) to k).
~L Public-and private SGAooI&; educational plants and ancillary plants ~st-te
tRe-fellev.'ing criteria:
Siro aroa and school size shall be subject to the Ganeml Educational Facilities
Report submittod annually by the Collior County SSR801 Board to the Boara of
County Commissioners.
+Re--Site must comply with the State Requirements for EdlJGatieAal Facilmes
aOOf*ed by the Stato Board of Eduoation.
+he-site shall be subject to all appUGable State or Federal roguJatiGA&-
Renumber I) through 0) to m) through pl.
c) Parks. open space. and recreational uses.
r) Private schools.
3:4. Native vegetation and preservation requirements: Native vegetation shall be
preserved as set forth in CCME Policy 6.1.2.
5. Density Blendina shall be permitted subiect to the provisions set forth in the
Density Ratina SYstem.
6. Adjustment to Neutral Land Boundaries. For all properties desianated Neutral
Lands where such property is contiouous to a Neutral Land/Sendina Land
boundary. the property owner may submit data and analysis to the County in an
attemot to demonstrate that a chanae in the boundary is warranted. Within one
year from the effective date of this provision. the County may initiate a Growth
Manaaement Plan amendment to consider such boundary chanaes upon a
showina of the followina:
a) The property is contiguous to Sending Lands:
b) Site specific environmental data submitted by the property owner, or other
data obtained by the County. indicates that the subject propertv contains
characteristics warrantino a Sendina desianation; and
c) An adjustment to the Neutral Land boundarv will not adversely affect the TOR
proaram.
C) Sending Lands: No change. [pages 64-65]
1. through 3. No change.
4. Permitted Uses: Permitted uses are limited to the following:
a) through g) No change.
h) Oil extraction and relatod processing aas exploration. Where practicable,
directional-drilling techniques and/or previously cleared or disturbed areas
shall be utilized to minimize impacts to native habitats.
5. Conditional Uses:
. O~e~a Item No. i~
[Words underlined are added. Words struak threugh are de te June 8, 20
45 of 250
_.~,,-~ ^----
.---..- ..__. ..,_._..~,-,._,--~'". ,'" ....,-,.~_. -.,.
I
a) The following uses are conditionally permitted subject to approval through a
public hearing process:
(1) Essential services not identified above in e ~f). Within one year, Collier
County will review essential services currently allowed in the Land
Development Code and will define those uses intended to be conditionally
permitted in Sending designated lands. During this on-year period or if
necessary until a comprehensive plan amendment identifying
conditionally permitted essential services, no conditional uses for
essential services within Sending designated lands shall b~ approved.
(2) No change.
(3) Commercial uses accessory to permitted uses e.. 4.a), &,. 4.c), &,. 4.d),
such as retail sales of produce accessory to farming, or a restaurant
accessory to a park or preserve, so long as restrictions or limitations are
imposed to insure the commercial use functions as an accessory
subordinate use.
(4) Oil and aas field develooment and oroduction. Where oracticable.
directional-drillina techniques and/or previously cleared or disturbed areas
shall be utilized to minimize impacts to native habitats.
b) No change.
6. through 8. No change.
D) Additional TDR Provisions: [pages 66-67]
No change.
1. The establishment of a simple, expeditious process whereby private property
owners may, by right, "sell" residential dwelling units from lands designated as
!Sending Lands!. Said units (TOR Credits) may then be ~ransferred! by right to
lands designated as ~Receiving Lands!!, or to Urban Lands where authorized.
Once established, the TOR program shall be administratively reviewed and
approved, requiring no further public hearing or Board approval if consistent with
the provisions for administrative approval.
2. The establishment of a process for tracking and recording all transfers of
residential units IDR Credits in the public records of Collier County. This shall
include the identification of the entity or department responsible for the on-going
administration of the TOR program. In addition, the County shall consider the
feasibility of establishing a "TOR Bank," to be administered by the County or
some other not-for-profit governmental or quasi-governmental public agency
established for this purpose. Tho County shall considor and e':aluato the funding
options and 60UFGeS of Fe'IeRLI06 for SLIGh a TOR Bank as part sf tile FY04
budget raviow process. Soun~os of funds to consider includs, but are not Iimitod
to, General Fund rovenues, and fedoral and state grants and loans. A primary
objective of the TOR Bank is to make funds available to support the TDR
program by offering initial minimal purchase prices of TORs Credits. As part of
theso oonsiderations, projoctions for an annual budget for administration of the
TOR progr-am shall bo developod... which 'Nould inolude the projectod costs and
hAnding appropriation for the FYQ4 assooiated with initial purchase of r~sidsntial
developments.
3. Limitations and Procedures:
a} Transfor-s TOR Credits shall not be allo\"loo aenerated from &.Qending l.!:ands
where a conservation easement or other similar development restriction
prohibits residential development.
~~e~a Item No. ~i
[Words underlined are added. Words struck throHgh are de te June 8, 20
46 of 250
b) The transfer af units generation of TOR Credits throuah the severance of
residential density from Sendino Lands shall be recorded in public records
utilizing a legal instrument determined to be appropriate by the County
Attorney's Office. Said instrument shall clearly state the remaining allowable
lands uses on the subject property after all, or a portion, of the residential
density has been transferrad severed from the property.
c) Where residential density has been transferred severed from Sending Lands,
such lands may be retained in private ownership or may be sold or deeded by
gift to another entity:-
4. No change
5. A 25-year prohibition on utilizing oenerating TORs '.vhoro Q Credits from any
parcel , or portion thereof, within Sending Lands has been cleared for agricultural
purposes after June 19,2002.
2. No change
3. Rural Villages: No change (pages 68-69]
A) and B) No change
C) Rural Village Sizes and Density:
1. and 2. No change
3. Density may be achieved as follows:
a) No change
b) The additional density necessary to achieve the minimum required density for
a Rural Village shall be achieved by an equal amount of TORs Credits and
bonus units. That is, for each TOR Credit acquired one bonus unit shall be
granted.
c) Additional density belween the minimum and maximum amounts established
herein may be achieved through any of the followina. either individually or in
combination:
1) Additional TDRs,aAGler throug-R- Credits.
.fl through a A 0.5 unit bonus for each unit that is provided for lower income
residents and for entry level and workforce buyers,aAGlef through a.:.
ID-.A density bonus of no more than 10% of the maximum density per acre
allowed for each additional acre of native vegetation preserved exceeding
the minimum preservation requirements set forth in Policy 6.1.2 of the
CCME.
4) A density bonus of no more than 10% of the maximum density oer acre
as provided in Policv 6.2.5(6)b of the CCME.
Within one (1) year of the effoctive Gate of these Rural Fringe amendments,
the County will amend the land development code to establish he
following: a definition of "workforce housing;" minimum qualifications for
the above rof-orenced deAsity bonus; and a minimum percent of the
allowable density that shall moet the definition of workforce/affordable
~sing within a rural vittage.,.
D) No change.
E) Open Space and Environmental Protection:
1. No change.
2. Open Space and Native Vegetation Retention.
a) No change.
. ~~e~a Item No. iB
[Words underlined are added. Words stRIGk threugh are de te June 8, 20 Q
47 of 250
---.- ^--~
--'''~'~'''"..-
b) Open Space: Within the Rural Village and required Greenbelt, in aggregate, a
minimum of 70% 40% of Open Space shall be provided.
3. No change.
F) and G) No change.
4. No change.
C. and D. No change.
III. ESTATES DESIGNATION
No change.
lhlV. CONSERVATION DESIGNATION
No change.
V. OVERLAYS AND SPECIAL FEATURES
A. No change.
B. North Belle Meade Overlay
No change.
~.:L IN GENERAL [pages 76-77]
The North Belle Meade area is surrounded by Golden Gate Estates to the north, east,
and west and 1-75 to the south. The area, designated as the North Belle Meade
Overlay, comprises:t: 24 sections of land (:t: 15,552 acres, depending on the size of
individual sections) and is depicted on the Future Land Use Map and North Belle Meade
Overlay Map. The NBM Overlay area is unique to the Rural Fringe area because it is
surrounded by areas that are vested for development on three sides. Because this area
is largely undeveloped and includes substantial vegetated areas, the Sending Lands can
and do provide habitat for wildlife, including endangered species. Within the NBM
Overlay area are also areas that have been previously impacted by canal construction
and past clearing and agricultural practices which have altered the natural hydroperiod.
The challenge for the NBM Overlay area is to achieve a balance of both preservation
and opportunities for future development that takes into account resource protection and
the relationship between this area and the Estates developing around the NBM Overlay
area. Accordingly, a more detailed and specific plan for the NBM Overlay is set forth
herein. Unless otherwise specifically stated, no other Goals, Objectives and Policies of
the Future Land Use Element, other than those relatina to density and allowable uses.
Conservation and Coastal Management Element, or Public Facilities Element in the
Growth Management Plan or implementing LDRs, including specifically but not limited to
wetlands and wildlife protection, shall be applicable to the NBM Overlay Receiving
Lands other than this NBM Overlay Plan and its implementing LDRs. On Receiving
Lands any development shall comply with the non-environmental administrative review
procedures of Collier County for site development plans and platting.
Within the NBM Overlay there are four distinct areas, as depicted on the Future Land
Use Map and Map series, that require separate treatment based on existing conditions
within this area. These areas include the natural Resource Protection Area (NRPA), the
Receiving and the Sending Areas for the transfer of development rights, and a Neutral
area, which is neither a Sending nor a Receiving Area comprising two sections of land.
It is the intent to perform the physical planning of the NBM Sending Lands within twelve
~~e~a Item No.8;
[Words underlined are added. Words struck threl:lgh are de te June 8, 20~
48 of 250
(12) months after the effective date for Red Cockaded Woodpeckers, Greenways, and
Wildlife Crossings.
Planning Considerations
Renumber 1. through 4. to a. through d.
Renumber B. to 2.
Planning Considerations [page 79]
Renumber 1 and 2 to a. and b.
~. Sending Area
The NBM NRPA shall be designated as a-s~ending 8f6a Lands for purposes of the
Transfer of Development Rights (TOR) orogram.
~. TDRs
QI....ners of landslocatod in TOR Credits aenerated from the NBM NRPA may
transfer their dO'Jelopment rights be transferred to Sections 21 and 28 and the west
~ of 6~ection~ 22 and 27, aRElJeF to other suitable locations within the Rural Fringe
Mixed Use Afea District. or to the Urban Area at a ratio of 1 unit per 5 acres from
Sending Lands or one unit per individual deeded parcel or lot that existed as of June
22, 1999, whichever is greater.
~3. RECEIVING AREAS (pages 79-80]
Within the NBM Overlay, Receiving Areas are identified for clustering of residential
dwelling units, central water and sewer service, and for the transfer of development
rights and comprise:l: 3,368 acres in the northern portion of NBM Overlay. The
Receiving Areas are generally located in the northern portion of NBM Overlay and
generally contiguous to Golden Gate Estates. Two sections are directly to the south of
the APAC earth Mining Operation. The Receiving Area exhibits areas of less
environmental sensitivity than other portions of the NBM Overlay, because of their
proximity to Golden Gate Estates and prior clearing and disturbance to the land. Within
the Receiving Area of the NBM Overlay, are located Sections 21, 28. and the west ~ of
Sections 22 and 27, which have been largely assembled under one property ownership.
These lands are located south of the existing APAC earth mining operation and have
been largely impacted by agricultural operations. The location of Sections 21 and 28 is
just to the south and west of Wilson Boulevard located in the southern portion of north
Golden Gate Estates. Because an earth mining operation and asphalt plant uses have
existed for many years in the area, and the surrounding lands in Sections 21, 28, and
the western halves Quarters of Sections 22 and 27 are reported to contain Florida
Department of Transportation grade rock for road construction, these uses are
encouraged to remain and expand. However, until June 19, 2OQ42005, mining
operations and an asphalt plant may be expanded only to the western half of Section 21
and shall not generate truck traffic beyond average historic levels. If by June 19.
~2005, an alignment has been selected, funding has been determined, and an
accelerated construction schedule established by the Board and the mining operator for
an east-west connection roadway from County Road 951 to the extension of Wilson
Boulevard, mining operations and an asphalt plant may expand on Sections 21 and 28
and the western quarters of 22 and 27 as a permitted use. If no such designation has
been made by June 19, ~2005, any mining operations or asphalt plant in these
areas, other than continued operations on the western half of Section 21 at historic
levels, shall be permitted only as a conditional use, unless the mine operator upon
failure to attain Board selection of an alignment commits by June 19. 2QQ42005 to
~~enaa Item No. 8~
[Words underlined are added. Words strusk tluGugft are de ted June 8, 20~
49 of 250
---"'-' --~."""-"-"-'~ --- ....-
construct a private haul road by June 19, ~2007 without the allocation of any public
funds. The County's existing excavation and explosive regulations shall apply to all
mining operations in these areas.
The extension of Wilson Boulevard to the south with an ultimate connection to the
vicinity of Interstate 75, will serve to alleviate traffic congestion on Golden Gate
Boulevard and serve as an alternate evacuation route for Golden Gate Estates.
Sufficient area for right-of-way is-available at the present time for the extension of this
roadway. Additional right-of-way may be required outside of Sections 21 flnd 28.
Because of the proximity of Sections 21 and 28 and west ~ of section 22 and 27 to
Golden Gate Estates, as well as other locations in the NBM Overlay Receiving Area,
they are a logical locations for the development of a Rural Village or Neighborhood
Village Center with a mix of uses which may include clustering of residential uses and
civic and institutional uses, including limited retail uses at an intersection to be
established with Wilson Boulevard.
Planning Considerations
a. Density Bonuses. Once the maximum density of one (1) unit oer acre is achieved
outside of the NBM Rural Villaae. throuah the combination of base density and
density obtained with TDR Credits. additional density may be achieved as follows:
1) Veaetation Retention. A density bonus of no more than 10% of the maximum
density oer acre shall be allowed for the retention of at least 10% of the native
veaetation on site.
2) Wetlands Mitiaation and Habitat Protection. A density bonus of no more than
10% of the maximum density oer acre shall be allowed as orovided in Policy
6.2.5(6)b of the CCME.
-1-,.b. North Belle Meade Rural Village
The standards for the Rural Villages/Commercial in the NBM Overlay Receiving Area
shall be generally the same as provided for in the Rural Fringe Mixed Use District.:.
AHowever, because of the NBM Receiving Area's location adjacent to Estates, the
NBM NRPA, and other Sending J!:ands, it does not have access to existing
commercial uses, which should be encouraged on NBM Receiving Lands. The
following exceptions shall apply:
.1.1 The minimum gross density shall be 1.5 dwelling units per gross acre and a
maximum of 3 units per gross acre.
g} A minimum of Q.5 dwelling units per acre shall be acquired through the transfer of
dovolspmont rights TDR Credits.
~ Sidewalks shall be required on both sides of the streets in the NBM Rural Village.
~ Greenbelts shall not be required for any NBM Receiving Lands including any
Rural Village. However. any Greenbelt that is orovided shall be included in the
calculation of Ooen Soace for purposes of determinina comoliance with the 40%
Ooen Space reauirement.
ID Schools should be located with the NBM Rural Village whenever possible in
order to minimize busing of students and to co-locate schools with public facilities
and civic structures such as parks, libraries, community cen~ers, public squares,
greens, and civic areas.
ID Elementary schools shall be accessed by local streets, pedestrian and bicycle
facilities, and shall be allowed in and adjacent to the Rural Village Center,
~~enaa Item No. ~i
[Words underlined are added. Words strl:lsk ttu81:1gh are de ted June 8, 20
50 of 250
provided such local streets provide adequate access as needed by the School
Board.
DA. SENDING AREAS
No change.
Planning Considerations [page 81]
Renumber 1. to a.
2. Mitigation Credit - -
haAGs located in the NRPA and the adjoining buffer aroas, '.vhich will be dedicatod to
8--J*IBlic or private ontity for oonservation use may also be credited towards mooting
aAY governmental mitigatieA-feEtwrements and on a one to one acreage basis
tewaFEls meeting the onsile '/egetation preseFYaOOn roquiFements of NBM ReceiviAfJ
haAd&.
Renumber 3. to b.
4:c. Publ ic Acquisition
The County should support the public acquisition of Sending Afeas Lands in the
NBM Overlay, particularly in locations where endangered or threatened species are
located.
~5. NEUTRAL LANDS [page 81]
Within the NBM Overlay there are :t:1,280 acres of land that are identified as Neutral
Areas. The Neutral Areas consist of two Y2 sections located at the northeast corner of
the Overlay and section 24 located in the northwest portion of this Overlay. The
preservation standards for Neutral Lands shall be those contained in CCME Policy 6.1.2
for Neutral Lands. The County shall perform has performed an RCW study for Section
24 and, if the results of the study warrant, the Plan will be amended.
C. Natural Resource Protection Area Overlay [pages 81-82]
The purpose of the Natural Resource Protection Area (NRPA) Overlay designation is to
protect endangered or potentially endangered species and to identify large connected intact
and relatively unfragmented habitats, which may be important for these listed species.
NRPAs may include major wetland systems and regional flow-ways. These lands generally
should be the focus of any federal, state, County or private acquisition efforts.
NRPAs are located in the following areas:
1. Clam Bay Conservation Area (within Pelican Bay Plan Unit Development);
2. CREW (Corkscrew Regional Ecosystem Watershed);
3. North Belle Meade;
4. Belle Meade;
5. South Golden Gate Estates;
6. OkaloaooGGllee SIOUgR fiAteFim};
7. Camp Koais-{iAteRm1.
NRPAs located in the Rural Fringe Mixed Use District, or on nearby oHiGjaGeAt
Conservation Designated Lands are identified as Sending Lands. Private property owners
within these NRPAs may transfer residential development rights from these important
environmentally sensitive lands.
Natural Resource Protection Areas (NRPAs) that are not idontified as "interim" above shall
have the following standards:
~~enaa Item No. 8~
[Words underlined are added. Words &truek through are de ted June 8, 20~
51 of 250
---' '__~"O"'_ ".~~-" .-
1. through 3. No change.
4. For privately owned lands within a NRPA Overlay and designated Sending J.bands Gf
Estatos r-ospoGtivoly, permitted and conditional uses shall be those as set forth in the Rural
Fringe Mixed Use District for Sending Lands.
5. and 6. No change.
D. Rural Lands Stewardship Area Overlay
Goal
No change.
Objective
No change.
Groups 1 and 2 No change
Group 3 - No change.
Policies 3.1 through 3.8 No change.
Policy 3.9 [page 90]
1. Agriculture will continue to be a permitted use and its supporting activities will continue
to be permitted as conditional uses within FSAs and HSAs, pursuant to the Agriculture
Group classifications described in the Matrix. The Ag 1 group includes row crops, citrus,
specialty farms, horticulture, plant nurseries, improved pastures for grazing and
ranching, aquaculture and similar activities, including related agricultural support uses.
In existing Ag 1 areas within FSAs and HSAs, all such activities are permitted to
continue, and may convert from one type of Agriculture to another and expand to the
limits allowed by applicable permits. Once the Stewardship Credit System is utilized and
an owner receives compensation as previously described, no further expansion of Ag 1
will be allowed in FSAs and HSAs beyond existing or permitted limits within property
subject to a credit transfer, exceot for incidental clearina as set forth in 2 below.
2. In order to encouraae viable Aa 1 activities. and to accommodate the abilitv to convert
from one Aa 1 use to another. incidental clearina is allowed to ioin existina Aa 1 areas.
sQuare uo existinQ farm fields. or orovide access to or from other Aa 1 areas. orovided
that the Aa 1 Land Use Laver has been retained on the areas to be incidentallv cleared.
and the Natural Resource Index Value score has been adiusted to reflect the orooosed
chanQe in land cover. Incidental clearina is defined as clearing that meets the above
criteria and is limited to 1% of the area of the SSA. In the event said incidental clearina
imoacts lands havina a Natural Resource Index Value in excess of 1.2. aoorooriate
mitiaation shall be orovided.
Policies 3.10 through 3.14 No change.
Group 4. No change
Policies 4.1 through 4.14 No change.
~~e~a Item No. ~
[Words underlined are added. Words struek threl:fgh are de te June 8, 20
52 of 250
Renumber Policy 4.15 to 4.15.1
Policy 4.15.2 [page 97]
The BCC may. as a condition of approval and adoption of an SRA development. reauire that
suitable areas for parks. schools. and other public facilities be set aside, improved, and/or
dedicated for public use. When the BCC requires such a set aside for one or more public
facilities. the set aside shall be subject to the same provisions of the LDC as are applicable
to public facility dedications required as a condition for PUD rezoning.
Policy 4.15.3 [page 97]
Applicants for SRA desionation shall coordinate with Collier County School Board staff to
allow plannina to occur to accommodate any impacts to the public schools as a result of the
SRA. As a part of the SRA application, the following information shall be provided:
1. Number of residential units by type:
2. An estimate of the number of school aaed children for each tvpe of school impacted
(elementarv. middle. hiah school); and
3. The potential for locating a public educational facility or facilities within the SRA. and the
size of any sites that mav be dedicated or otherwise made available for a public
educational facilitv.
Policy 4.16 [page 97]
A SRA shall have adequate infrastructure available to serve the proposed development, or
such infrastructure must be provided concurrently with the demand. The level of
infrastructure provided will depend on the twe form of SRA development. accepted civil
engineering practices. and LDC requirements. The capacity of infrastructure serving
necessary to serve the SRA at build-out must be demonstrated during the SRA designation
process in accordance with the Collier County Concurrency Management Systom in effect at
tho time of SR.^. dosignatioA. Infrastructure to be analyzed includes transportation, potable
water. wastewater. irrigation water. stormwater management, and solid waste.
Transportation infrastructure is discussed in Policy 4.14. Centralized or decentralized
community water and wastewater utilities are required in Towns, Villages. and those CRDs
exceeding 100 acres in size. Centralized or decentralized community water and wastewater
utilities shall be constructed, owned, operated and maintained by a private utility service, the
developer, a Community Development District, the Immokalee Water Sewer Service District.
Collier County, or other governmental entity. Innovative alternative water and wastewater
treatment systems such as decentralized community treatment systems shall not be
prohibited by this policy provided that they meet all applicable regulatory criteria. Individual
potable water supply wells and septic systems, limited to a maximum of 100 acres of any
Town. Village or CRD of 100 acres are permitted on an interim basis until services from a
centralized/decentralized community system are available. Individual potable water supply
wells and septic systems are permitted in Hamlets and may be permitted in CRDs of 100
acres or less in size.
Policy 4.17 [page 97]
The Board of County Commissioners will review and approve SRA desionation applications
in accordance with the provisions of Policv 1.1.2 of the Caoitallmprovement Element of the
GMP for Cateoorv A public facilities. Final local development orders will be approved within
a SRA desionated bv the Board in accordance with the Concurrency Manaoement System
of the GMP and LDC in effect at the time of final local development order approval.
~~enaa Item No. 88
[Words underlined are added. Words WU6IHMeUgA are de ted June 8 20t\.
,
53 of 250
",. --.. -<0,,---
Policy 4.111 [page 98]
The SRA will be planned and designed to be fiscally neutral or positive to tAe Collier
County tax base at the horizon year based on a modified per capita cost/benefit fiscal
imoact analysis model (Modified per oopita cost/benefit fisool analysis por 8ur~holl
et.al.,1QQ4, De':()IQP~eRt Impast Assess~eRt Handbook, ULI.) acceptable to or as mav be
adooted bv the County. The BCC- may grant exceptions to this policy to accommodate
affordable housing, as it deems appropriate. Techniques that mav support promote fiscal
self suffioieRcy neutralitv such as Community Development Districts. and other special
districts. shall be encouraged. At a minimum, the analysis shall consider the following public
facilities and services: transportation, potable water, wastewater, irrigation water, stormwater
management, solid waste, parks, law enforcement, and schools. Development phasing..
develooer contributions and mitiaation. and other public/orivate oartnershios and funding
mOGhanisms shall address any potential adverse impacts to adopted mini~um levels of
service standards pUfSuant to the County Concurrency Managoment System.
Renumber Policies 4.18 through 4.20 to 4.19 through 4.21.
Group 5 No change.
Policies 5.1 through 5.4 No change.
Policy 5.5 [pages 100-1013
No change.
1. No change.
2. Wildlife habitat management plans for listed species shall be submitted for County
approval. A plan shall be required for all projects where the wildlife survey indicated
listed species are utilizing the site, or the site is capable of supporting wildlife and
can be anticipated to be potentially occupied by listed species. These plans shall
describe how the project directs incompatible land uses away from listed species and
their habitats.
a. Management plans shall incorporate proper techniques to protect listed species
and their habitats from the negative impacts of proposed development. Open
space and vegetation preservation requirements shall be used to establish buffer
areas between wildlife habitat areas and areas dominated by human activities.
Provisions such as fencing, walls, or other obstructions shall be provided to
minimize development impacts to wildlife and to facilitate and encourage wildlife
to use wildlife corridors. Appropriate roadway crossings, underpasses and
signage shall be used where roads must cross wildlife corridors.
i. No change.
ii. The County shall consider any other techniques recommended by the
USFWS and FFWCC, subject to the provision of paragraph {3} of this policy.
iii. When listed species are directly observed on site or indicated by evidence,
such as denning, foraging, or other indications, priority sRall be gi'.~eA to
presorving the listed spooies habitat first, as part of tho rotained nativo
vegetation requir{)ment of a minimum of 40% of native veaetation on site
shall be retained. with the exceotion of clearina for aaricultural purposes. The
County shall also consider the recommendation of other agencies, subject to
the provisions of paragraph {3~ of this policy.
c. through h. No change.
~ienaa Item No. 88
[Words underlined are added. Words strusk through are de ted June 8, 20~1f
54 of 250
3. No change.
Policy 5.6 [pages 102-103]
No change.
1. and 2. No change
3. FSAs, HSAs and WRAs, as provided in Policy 5.3, and the ACSC have stringent site
clearing and alteration limitations, nonpermeable surface limitations, and
requirements addressing surface water flows which protect wetland functions within
the wetlands in those areas: Other wetlands within the RLSA are isolated or
seasonal wetlands. These wetlands will be protected based upon the wetland
functionality assessment described below, and the final permitting requirements of
the South Florida Water Management District.
a. The County shall apply the vegetation retention, open space and site
preservation requirements specified within this Overlay to preserve an
appropriate amount of native vegetation on site. Wetlands shall be preserved as
part of this vegetation requirement according to the following criteria:
i. The acreage requirements specified within this Overlay shall be met by
preserving wetlands with the highest wetland functionality scores. Wetland
functionality assessment scores shall be those described in paragraph (b} of
this policy. The vegetative preservation requirements imposed by Policyies
5.3 and 5.5 shall first be met through preservation of wetlands having a
WRAP functionality assessment score of 0.65 or a Uniform Wetland
Mitiaation Assessment Method score of 0.7. or greater. Within one year, from
the effective date of this Amendment, the County shall develop specific
criteria in the LDC to be used to determine those instances in which wetlands
with a WRAP functionality assessment score of 0.65 or a Uniform Wetland
Mitioation Assessment Method score of 0.7. or greater must be preserved in
excess of the preservation required by Policy 5.3.
ii. and iii. No change.
b. In order to assess the values and functions of wetlands at the time of project
review, applicants shall rate functionality of wetlands using the South Florida
Water Management District's Wetland Rapid Assessment Procedure (WRAP), as
described in Technical Publication Reg-001, dated September 1997, and
updated August 1999, until such time as the District adopts the proposed Unifiod
or the Uniform Wetland Mitigation Assessment Method, described in draft form
aM identified as F.A.C. Chapter 62-345 Uniform VVetland Mitigation Assossment
Method. The applicant shall submit to GCounty staff aoencv-accepted WRAP
scores or Uniform Wetlands Mitioation Assessment scores., County staff shall
review shall review this functionality assessment as part of the County's EIS
provisions and shall use the results to direct incompatible land uses away from
the highest functioning wetlands according to the requirements found in
paragraph 3 above.
c. through g. No change.
E. through G. No change.
~~enaa Item No. 8~
[Words underlined are added. Words &tFuek through are de ted June 8 20~
,
55 of 250
......-..-'"
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
GOAL 1: THE COUNTY SHALL CONTINUE TO PLAN FOR THE PROTECTION,
CONSERVATION, MANAGEMENT AND APPROPRIATE USE OF ITS
NATURAL RESOURCES
OBJECTIVES 1.1 No change.
Policies 1.1.1 through 1.1.8 No change.
Polley 1.1.9 [page 2]
In those areas of Collier County where Oil Extraction and Related Processina is an
allowable use. such use is subiect to aoplicable state and federal oil and aas oermits
and Collier County non-environmental site develooment olan review orocedures.
Directional-drillina and/or oreviouslv cleared or disturbed areas shall be utilized in order
to minimize impacts to native habitats. where determined to be oracticable. This
reauirement shall be deemed satisfied upon issuance of a state permit in comoliance
with the criteria established in Chaoter 62C-25 throuah 62C-30. F.A.C., as those rules
exist on the effective date of this amendment to the Collier Countv Comorehensive
Plan. reaardless of whether the activity occurs within the Bia Cyoress Watershed. as
defined in Rule 62C-30.001 (2). F.AC. All aoolicable Collier County environmental
oermittina reauirements shall be considered satisfied bv evidence of the issuance of all
aoolicable federal and/or state oil and aas permits for orooosed oil and aas activities in
Collier County. so lona as the state oermits complv with the reauirements of Chaoter
62C-25 throuah 62C-30. F.A.C. For those areas of Collier County outside the boundary
of the Bia Cvoress Watershed. the aoolicant shall be resoonsible for convenina the Bia
Cyoress Swamo Advisorv Committee as set forth in Section 377.42. F.S.. to assure
comoliance with Chaoter 62C-25 throuah 62C-30. F.AC. even if outside the defined
Bia Cyoress Watershed. All oil and aas access roads shall be constructed and
orotected from unauthorized uses accordina to the standards established in Rule 62C-
30.005(2)(a)(1) throuah (12). F.AC.
OBJECTIVE 1.2 No change.
OBJECTIVE 1.3:
No change.
Polley 1.3.1 [page 3]
No change.
a. Identification of the NRPAs in map form as an overlay to the Future Land Use Map;
Pursuant to the Final Ordor. tho genoml areas of CRE'N Lands, Bolio Moade and South
Gekjen Gate Estatos have been mapped and identified as NRP.^s on tho Futuro Land
Use Map. Those areas shall be further r:efined as the Assessment is implomentoa as a
collaborativo and community based effort.
All available gata shall be furthor considerea and r-ofinod during tho 'I'.ssossmont to
determine the final boundaries of those NRPAs. /\s part of the l'.ss08&mont, the County
shall ovaluate tho morits of including additional areas into those boundarios including,
but not limitoa to, tho aroa of Northern Belle Moado. During the Assessment for the
~~e~a Item No.8;
[Words underlined are added. Words struek threl:lgh are de te June 8 20~
I
56 of 250
Rural Fringe area, the County has determined that CREW Trust lands, tRe Belle Meade,
aAG a portion of the Northern Belle Meade shall be identified as NRPAs. The County
also has determined that the South Golden Gate Estates is a NPRA. The specific
boundaries have been identified as NRPAs on the Future Land Use Map. The status of
the other interim NRPAs and study areas shown on the Future Land Use Map will bo
addrossed at the completion of the :'Bsessmen!. \^lithin the remaining areas, tho
following shall be the primary focus of addition study:
In addition to the moratorium referenced above, the County shall gi'le notice to the
Florida Department of Community Affairs of all applications to develop or.otheF'\\lise
impact tho ohevo spooial study oroOG.
b. through g. No change.
Policies 1.3.2 through 1.3.5 No change.
GOALS 2 through 5 No change.
GOAL 6: No change
OBJECTIVE 6.1
No change.
POLICY 6.1.1: [pages 15-16]
No change.
Coastal High Hazard Area Non-Coastal Hiah Hazard Area
Residential and Mixed Less than 2.5 acres 10% Less than 5 acres 10%
Use Development
Equal to or greater Eaual to or Ggreater than 5 acres
than 2.5 acres 25% and less than 20 acres 15%
Equal to or greater
than 20 acres 25%
Golf Course 35% 35%
Commercial and -
Less than 5 acres 10% Less than 5 acres 10%
Industrial Development
Equal to or greater Equal to or greater
than 5 acres 15% than 5 acres 15%
Industrial Development 50%, not to exceed 25% of the 50%, not to exceed 25% of the
(Rural-I ndustrial District project site project site
Only)
The following standards and criteria shall apply to the vegetation retention requirements
referenced above:
(1) through (3) No change.
(4) Selection of preservation areas shall reflect the following criteria in descending order of
priority:
a. Onsite ,,':eUands shall be proseFVed pursuant to Policy 9.2.4 of this element;
. ~~e7iia Item No. ~i
[Words underlmed are added. Words &Vuek ttneugh are de te June 8 20
1
57 of 250
_.-----....._- .<,.,-,
9.a. Areas known to be utilized by listed species or that serve as corridors for the
movement of wildlife... shall bo preserved and protected in order to facilitate the
movement of wildlife through the sito. This Gliterion shall bo... consistent with the
requirements of Policy 7.1.1 of this. element. Paroels ~ntaini~ ~:PRh~etog~:~:
shall pr-otoGt the largost, most oontlguous gopher tortOlso habl t. t t
number of aoti\'e bUlToV/s, and prO'.fido a oonnecl:isn to off site adjasent goph~;
tortoise proservos.
b. Onsite wetlands preserved pursuant to Policy 6.2.4 of this element;
c. and d. No change.
(5) through (10) No change.
Policy 6.1.2 [page 17]
No change.
a. and b. No change.
c. Non-NRPA Sending Lands:
Calculated at the higher value of 80% of the native vegetation present, or 80% af tho
total site aroa as may otherwise be permitted under the Density Blendina provisions
of the FLUE.
d. NRPA Sending Lands:
Calculated at the higher value of 90% of the native vegetation present, or 90% of the
total Gito ama, or as may otherwise be permitted under the Density Blending
provisions of the FLUE.
e. through g. No change.
(1) through (12) No change.
Policies 6.1.3 through 6.2.4 No change.
Policy 6.2.5 [page 24]
No change.
(1) No change.
a. The acreage requirements of Policy 6.1.2 of this element shall be met be preserving
wetlands with the highest wetland functionality scores. Wetland functionality
assessment scores shall be those described in paragraph (2) of this policy.
Wetlands having functionality as&eSGmoRt Eioor-os a WRAP score of at least 0.65 or a
Uniform Wetland Mitiaation Assessment Method score of 0.7 shall be preserved on
site. This policy is not intended in all cases to require preservation of wetlands
exceeding the acreage required by Policy 6.1.2 of this element. Within one year, the
County shall develop specific criteria to be used to determine when wetlands having
a functionality assessment WRAP score greater than 0.65 or a Uniform Wetland
Mitiaation Assessment Method score of areater than 0.7 shall be required to be
retained exceeding the acreage required by Policy 6.1.2 of this element.
b. through e. No change.
(2) In order to assess the values and functions of wetlands at the time of project review,
applicants shall rate functionality of wetlands using the South Florida Water
Management District's Wetland Rapid Assessment Procedure (WRAP), as described in
Technical Publication Reg-001, dated September 1997, and updated August 1999, YAt#
such time as the District adopts or the proposod Unifiod Uniform Wetland Mitigation
Assessment Method, desGribeEf in gr-aft form anEf iEfentifieQ as F.A.C. Chapter 62-345-
Uniform \^Jetland Mitigation I\ssessment Method. The applicant shall submit to sCounty
staff, agency accepted WRAP scores or Uniform Wetland Mitiaation Assessment
Method scores. County staff shall review this functionality assessment as part of the
~ienaa Item No. ~i
[Words underlined are added. Words strusk threl:lgh are de ted June 8, 20
58 of 250
County's ErS provisions and shall use the results to direct incompatible land uses away
from the highest functioning wetlands according to the requirements found in paragraph
(1) above.
(3) through (6) No change.
Policies 6.2.6 through 6.5.3 No change.
. -
~ie78a Item No. i~
[Words underlined are added. Words strl:l8k threl:lgh are de te June 8, 20
59 of 250
'~r ~_." --
CAPITAL IMPROVEMENT ELEMENT
GOALS, OBJECTIVES AND POLICIES
GOAL 1: No change.
OBJECTIVE 1: No change
Policy 1.1.1: No change.
Polley 1.1.2: [page 3]
No change.
A. No change.
B. The County Commission will review all rezone requests, SRA desianation acclications.
and proposed amendments to the Future Land Use Element (FLUE) affecting the overall
County-Wide density or intensity of permissible development with consideration of their
impact on both the variable "D" in the formula Q = (S x D) - I, and the overall roadway
system. The County Commission shall not approve any such rezone request. SRA
desianation. or FLUE amendment that significantly impacts either: (1) a deficient
roadway segment or; (2) the BEBR high range growth rate population projections
through the five years of the annually updated Capital Improvement Plan, on a
continuously rolling basis, and then 95% of the BEBR high range growth rate thereafter,
for the variable -D", unless one of the following simultaneously occurs:
1. Specific mitigating stipulations are approved in conjunction with the rezone or SRA
desianation resolution to restore or maintain the Level of Service on the impacted
roadway segment;
2. The adopted population standard used for calculation of "a" in the formula a = (S x
D) - I is amended based on appropriate data and analysis;
3. The Schedule of Capital Improvements is updated to include any necessary projects
that would support the additional public facility demand(s) created by the rezone...
SRA desianation resolution or amendment to the Future Land Use Element.
C. No change.
D. No change.
Any public facility that is determined to be needed as a result of any of the factors listed in
Section Band D of this Policy shall be included in the regular Schedule of Capital Improvements
contained in this Capital Improvement Element. All capital improvement projects for such public
facilities shall be approved in the same manner as the projects that are identified according to
the quantitative analysis described in Section A of this policy.
Policies 1.1.3 through 1.1.5 No change.
OBJECTIVES 1.2 through 1.5 No change.
~~eracia Item No. ~i
[Words underlined are added. Words strusk threl::lgh are de te June 8,20
60 of 250
TRANSPORTATION ELEMENT
GOALS, OBJECTIVES AND POLICIES
GOALS 1 No change.
OBJECTIVES 1 through 4 No change.
OBJECTIVE 5: No change. - -
Policy 5.1: [page 14]
The County Commission will review all rezone requests and SRA desianation applications with
consideration of their impact on the overall system, and shall not approve any such request that
significantly impacts a roadway segment already operating and/or projected to operate at an
unacceptable Level of Service within the five year planning period. unless specific mitigating
stipulations are approved. Traffic analyses to determine significant project impact shall use the
following to determine the study area:
a. through c. No change.
Policy 5.2: No change.
OBJECTIVES 6 through 12 No change.
~~e~a Item No. ii
[Words underlined are added. Words struek threugh are de te June 8,20
61 of 250
,-- >---
~----, .".,,_,~,._.w,,_
GOLDEN GATE AREA MASTER PLAN
I. and II. No change.
III. IMPLEMENTATION
No change.
A. GOALS. OBJECTIVES. AND POLICIES
GOALS 1 through 3 No change
B. LAND USE DESIGNATION DESCRIPTION SECTION
No change.
1. No change.
2. ESTATES DESIGNATION
No change.
a. Estates-Mixed Use District
1) through 5) No change.
6) Southern Golden Gate Estates Natural Resource Protection Overlay
[page 32]
Southern Golden Gate Estates is identified as a Natural Resource Protection
Area (NRPA) Overlay on the Golden Gate Area Future Land Use Map, and are
subject to the following provisieRs: NRPA Overlav orovisions of the FLUE.
1. Within those areas, only agriculture ana directly related uses ana ono singlo
family d'Nelling unit por parsel or lot created prior to June 22, 1999, shall be
allowed.
2. These interim dovclopment standards shall not be intorpreted to affect or limit
the continuation of existing uses. Existing usos shall include those usos for
whiGh all roquired pormits havo boon issued, or usos for which oomplotod
applications havo beon rocei'/ed by tho County prior to June 22, 1999. Tho
continuation of existing usos shall includo expansions of those uscs if such
expansions are consistont with or clearly ancillary to the oxisting use and do
not re~uir9 a rozoning or compr-ohonsiv9 ~Ian amondmont.
3. Thoso areas shall be refinod as actual data and analysis is made a'.<ailablo
during the Collier County Rural and !\gricultural Ar{)a ,^.ssessmont.
7) No change.
3. No change.
Maps 1 through 16 No change.
Delete Map 17 [page 40]
~~e~a Item No. ~i
[Words underlined are added. Words &truek threugh are de te June 8, 20
62 of 250
EXHIBIT A .
FUTURE LAND USE ELEMENT
"DENSITY RATING SYSTEM
CPSP-2003-12
This Density Rating System is only applicable to areas designated: Urban, Urban - Mixed Use
District, as identified on the Future Lan~:f. Use Map, and those properties specifically identified
within the Urban Residential Fringe Subdistrict, which are eligible to apply for an Affordable
HousinQ Density Bonus only. and exclusive of Urban areas encompassed by the 'Immokalee
Area Master Plan, Golden Gate Area Master Plan. and Marco Island Master Plan; and,
Agricultural/Rural, as provided for in the Rural Lands Stewardship Area Overlay for the
Affordable Housing Density Bonus only. The Density Rating System is applicable to the Urban
Coastal Fringe Subdistrict to the extent that the residential density cap of 4 dwelling units per
acre is not exceeded. except for the density bonus provisions for Affordable Housing and
Transfer of Development Rights, and except as provided for in the Bayshore/Gateway Triangle
Redevelopment Overlay.
Within the applicable Urban Designated Areas. a base density of 4 residential dwelling units per
gross acre is permitted, though not an entitlement. This base level of density may be adjusted
depending upon the location and characteristics of the project. For purposes of calculating the
eligible number of dwelling units for a project (gross acreage multiplied by eligible number of
dwelling units per acre). the total number of dwelling units may be rounded up by one unit if the
dwelling unit total yields a fraction of a unit .5 or greater. Acreage to be used for calculating
density is exclusive ot the commercial and industrial portions of a project, except where
authorized in a Subdistrict, such as the Orange Blossom Mixed-Use Subdistrict. ~ and.. excopt
feF mixed residential and commercial uses as provided for in the C-1 through C-3 zoning
districts in the Collier County Land Development Code, via conditional use: and. portions of a
proiect for land uses having an established residential density in the Collier Countv Land
Development Code.
This Density Rating System only applies to residential dwelling units. This Density Rating
System is not applicable to accessory dwellings or accessorv structures that are not intended
andlor not designed for permanent occupancy.. and is not applicable to accessorv dwellinQs or
accessorv structures intended for rental or other commercial use; such accessory dwellings and
structures include guest houses. servants quarters, mother-in-Iaw's quarters, cabanas, guest
suites, and the like.
All new residential zoning located within Districts. Subdistricts and Overlays identified above
that are subiect to this Densitv RatinQ Svstem shall be consistent with this Densitv RatinQ
Svstem. except as provided in:
. Policv 5.1 of the Future Land Use Element:
. The Urban - Mixed Use District for the "vested" Port of the Islands
development:
. The Bucklev Mixed Use Subdistrict;
. The Commercial Mixed Use Subdistrict.
a. Densitv Bonuses
Consistency with the following characteristics may add to the base density. Density
bonuses are discretionary, not entitlements, and are dependent upon meeting the criteria
~~e~a Item No. ~i
[Words underlined are added. Words stryek thrGygh are de te June 8,20
63 of 250
-..".-.- .......,-... "."~--_.-
----,,---
for each bonus provision and compatibility with surrounding properties, as well as the
rezone criteria in the Land Development Code. All now residontial zoning shall be
consistent v:ith the Donsity Rating Sy&tom, exoept as pr(;)!/ided in Polioy 5.1 of tho Futuro
Land Use Element.
1. Conversion of Commercial Zonina
If the project includes conversion of commercial zoning that is not consistent with any
Subdistrict allowina commercial uses whief:l is Ret leeates ':.-itf:liR SA Mixos Use ',stivity
CeRter or IAtershange .^,(;tivity Center, or ,...'hioh is not coRsistoRt \":ith the Neighberhood
Village CeRter SubGtistriGt, a bonus' of up to 16 dwelling units may be added'for every 1
acre of commercial zoning which is converted. These dwelling units may be distributed
over the entire project. The project must be compatible with surrounding land uses."
FUTURE LAND USE ELEMENT
"6. Livingston Road/Eatonwood Lane Commerciallnfill Subdistrict
This Subdistrict consists of 12.5 acres located on the west side of Livingston Road, south of
Pine Ridge Road, and north of Eatonwood Lane. The Subdistrict allows professional and
medical offices and indoor self-storage facilities to serve surrounding residential areas within a
convenient travel distance to the subject property. The Subdistrict is designed to be compatible
with neighboring commercial and residential uses.
The maximum allowed development intensities include 91,000 square feet of professional or
medical office use in buildings containing a maximum height of 35 feet, or 200,000 square feet
of indoor self-storage area in buildings containing a maximum of three stories and at a
maximum height of 50 feet. Should a mix of office and indoor self-storage facilities develop on
the property, for each two square feet of indoor self-storage area, one square foot of office area
shall be reduced from the maximum allowable office area permitted. Access to the property
within the Subdistrict shall be limited to a sinale riaht in/out turninQ movement onto LivinQston
Road. or to a sinQle access Doint onto LivinQston Road located alona the north boundary shared
with the La Costa Aoartments oroiect. The shared access ooint is the oreferred alternative.
However. if the riaht in/out ootion is first utilized. in absence of a shared access aareement. but
a shared access aQreement is later reached with the La Costa Aoartments oroiect. then Collier
County shall have the riaht to reauire the removal of the riaht in/out access ~oint and require
construction of the shared access ooint. from EatonwooGt Lane and shall be looatod as far to
the It:est 3S reasonably pGssible. Additional aooeS8 te the property, in the form gf a right
in/right sut onts Livingston Road, may be allo'Ned where compliance oan be ostablished with
Collier County AOOO88 Management Standards."
FUTURE LAND USE MAP
Create inset maps as part of the FLUM Map Series to depict the Copeland Urban designated
area and the Plantation Island Urban designated arp.a.
CAPITAL IMPROVEMENT ELEMENT
"Policy 1.1.2:
The quantity of public facilities that is needed to eliminate existing deficiencies and to meet the
needs of future growth shall be determined for each public facility by the fol.lowing calculation:
Q = (S x D) - I.
Where Q is the quantity of public facility needed,
~ie~a Item No. ~i
[Words underlined are added. Words struek thr-eugh are de te June 8, 20
64 of 250
S is the standard for level of service,
o is the demand, such as the population, and
I is the inventory of existing facilities.
A. The calculation will be used for existing demand in order to determine existing
deficiencies. The calculation will be used for projected demand in order to determine
needs of future growth. The estimates of projected demand will account for demand that
is likely to occur from previously issued development orders as well as future growth.
B. The County Commission will review all rezone requests. SRA desianation aoplications,
conditional use petitions. and proposed amendments to the Future Land Use Element
(FLUE) affecting the overall County-Wide density or intensity of permissible
development,. with consideration of their impact on both the variable "0" in the formula a
= (S x D) -I, and the overall roadway system. The County Commission shall not
approve any such rezone request. SRA desianation, conditional use oetition. or FLUE
amendment,. that significantly impacts either: {1} a deficient roadway segment or; {2} the
BEBR high range growth rate population projections through the five years of the
annually updated Capital Improvement Plan, on a continuously rolling basis, and then
95% of the BEBR high range growth rate thereafter, for the variable "0", unless one of
the following simultaneously occurs:
1. Specific mitigating stipulations are approved in conjunction with the rezone. SRA
desianation resolution. conditional use petition. or FLUE amendment. to restore or
maintain the Level of Service on the impacted roadway segment;
2. The adopted population standard used for calculation of "a" in the formula a = (S x D)
- I is amended based on appropriate data and analysis;
3. The Schedule of Capital Improvements is updated to include any necessary
projects that would support the additional public facility demand(s) created by
the rezone. SRA desianation resolution. conditional use oetition. or
amendment to the Future Land Use Element.
C. Significant impact is hereby defined for Section B of this Policy as generating potential
for increased County-Wide population greater than 3% of the BEBR high rango
population projections for Parks, Solid Waste, Water, Sewer and Drainage facilities, or
as generating a volume of traffic equal to or greater than 3%of the adopted LOS
standard service volume of an impacted roadway.
CAPITAL IMPROVEMENT ELEMENT
"Policy 1.3.2:
The calculated needs for public facilities will be based on the adopted level of service standards
and future growth projections within the coastal high hazard area. The Future Land Use
Element limits new residential development (thus obligations for infrastructure expenditures) to
a maximum of four dwelling units per gross acre within portions of the coastal high hazard area.
[CCPC recommended this policy not be changed]
~~enaa Item No. i~
[Words underlined are added. Words atfuek threugh are de ted June 8, 20
65 of 250
~"'-"-'-- ""~ T ^~~"""'--' ....."-- ---~.
----_.- -,-.-
TRANSPORTA TJON ELEMENT
"Policy 5.1:
The County Commission will review all rezone requests, SRA designation applications, conditional use petitions, and proposed
amendments to the Future Land Use Element (FLUE) affecting the overall County-wide density or intensity of permissible
development. with consideretion of their impact on the overall system, and shall not approve any such request that significantly
Impacts a roadway sagment already operating and/or projected to operate at an unacceptable Level of Service within the five year
planning period, unless specific mitigating stipulations are approved. Traffic analyses to determine significant project Impact shall
use the following to determine the study area:
a. On links (roadway segments) directly accessed by the project where project traffic is
equal to or exceeds 3% of the adopted LOS standard service volume;
b. For links adjacent to links directly accessed by the project where project traffic is equal
to or exceeds 3% of the adopted LOS standard service volume;
c. For all other links the project traffic is considered to be significant up to the point where it
is equal to or exceeds 5% of the adopted LOS standard service volume."
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
"Policy 12.2.2:
The calculated needs for public facilities will be based on the adopted level of service standards
and future growth projections within the coastal high hazard area. The Future Land Use
Element limits new residential development, (thus obligation to infrastructure expenditures) to a
maximum of four dwelling units per gross acre within the coastal high hazard area. In addition,
existing zoning not vested shall be re-evaluated within three years and may change to a density
level consistent with the Future Land Use Element.
[CCPC recommended this policy not be changed]
~~e~a Item No. ~i
[Words underlined are added. Words stAlGk threygh are de te June 8, 20
66 of 250
Exhibit A
CAPITAL IMPROVEMENT ELEMENT
CPSP-2003-13
(I)(IV) A4 County Potable Water Systems:
A4.1 County systems
County Water District - 185 gallons per capita per day
Goodland Water District - 185 gallons per capita per day
- -
(1I1)(IV)A4.2 City of Naples = 185 gallo'1s per capita per day in the unincorporated service area
City of Everglades - 185 gallons per capita per day in the unincorporated service
area
A4.3 Private potable water systems:
Sewage flow design standards as identified in Policy 1.3.1 of the Potable Water
Subelement of this Growth Management Plan.
(I) A5 County Sanitary Sewer Systems:
(III) A5.1 County systems:
North Sewer Service Area = 145 gallons per capita per day
South Sewer Service Area = 100 gallons per capita per day
(III)(IV) A5.2 City of Naples = 145 gallons per capita per day in the unincorporated service area
A5.3 Private sanitary sewer systems:
Sewage flow design standards as identified in Policy 1.2.1 of the Sanitary Sewer
Subelement of this Growth Management Plan.
(II) A6 County Solid Waste Disposal Facilities:
A6.1 Two years of constructed lined cell capacity at the average disposal rate
for the previous five (5) years
A6.2 Ten years of permittable capacity at the average disposal rate for the
previous five (5) years.
(III) A7County Parks and Recreation Facilities:
A7.1 Regional Park land = 2.9412 acres per 1,OOO/pop.
A7.2 Community Park land = 1.2882 acres per 1,OOO/pop.
(III) A7.3 Recreation facilities = $240.00 capital investment per capita
Category B Public Facilities:
B1 County Library Buildings: 0.33 square feet per capita
(1)(11)(111) B2 County Library Collection: 2.05 books per capita by FY 10
(III) B3 County Jail: 0.0024 beds per capita (2.4 beds per 1000 population)
(III) 84 County Emergency Medical Service: .000068 EMS units per capita (1 Unit/15,OOO
Population)
(VI) 85Countv General Government 8uildinQs: 1.9 SQuare feet per functional resident (weiQhted)
CIE-6
~ie~a Item No. ~i
[Words underlined are added. Words struek ttu-8ugh are de te June 8, 20
67 of 250
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CATEGORY B
JAIL PROJECTS
CONSTRUCTION FISCAL YEAR ($000)
CIE # PROJECT NOTES 'COMMENCE COMPLETE 2003-2004 2004-2005 2005-2006 2006-2007 2007-2008
CIE-25
[WOrn. und.rllned are added. Words .....k '""UI" .r. d.l.tad] 72
Agenda Item No. 8S
June 8, 2004
79 of 250
EXHIBIT A
TRANSPORTATION ELEMENT
CPSP.2003.14
"-
A. FUTURE SYSTEM NEEDS [Page 1]
(III) 1. Travel Demand
Tho MPO Long Range Transportation Plan's Financially Feasible Plan and Needs Plan as
adoptod on Marsh 23. 2001, are Reretly iRGerporated to deNRe tho major roadway nooos for
Collior County. The 2025 Financially Feasiblo Plan is prosentod as Map TR 1 and shows the
nooded roadway improvomonts that can be fumtod thr-ough tho yoar 2025. Map TR 2 shows
the tolal prejssted FSaelway impr9llemeAt6 "00000 by 2026. Note that the Finanoially Rlasible
Plan does not indudo all needs idontified through tho Urban Area Transportation Study. It only
includos tho projects that can bo funded from r-oasonably anticipatod rovonues. '.^lhilo tho total
2025 needs are estimated to require funding of approximately 1. 7 billion dollars. tho cost
feasible plan roflects funding of approximatoly $1.5 billion. Basod on rooont efforts to troat
tr-nnsportation as a top priority, the Board of County Commissioners h3s committed to incroase
rovonues so that future noods aro fully mot. As diroctod by tho Board of County Commissionors,
offorts aro undorway to de'..elop meaGl:Jros te 010&0 the (;).2 billion dollar shortfall bor.voon tho
total noeds plan and cost foasiblo plan through public/privato partnorships such as rOEorving
right of way and dr-ainage.
Appondix .'\ prosonts tho 2025 Tffinsportation Plan rOE:ulting from tho Urban koa Transport3tion
Study propared by tho MPO as additional data and analysis.
Map TR - 1 also serves as the Traffic Circulation Map that presents the number of lanes on
Collier County Roadways in 2025. Map - TR 3 shows the functional classification of the
roadways and TR 3A shows the future functional classifications tho multi modal facilitios in the
county. The refinement of these plans to incorporate updates to the MPO's Plan, development
- of a collector road system and results of corridor specific studies, shall occur on a regular basis
upon approval of the Collier County Board of County Commissioners (BCC).
(III) 2. Traffic Circulation Constraints
In many parts of the Naples Urban Area, traffic circulation movements are constrained by the
natural features of the landscape such as the Gordon River. Still other parts offer constraints of
the man-made variety, such as golf courses and the Naples Airport. In many instances
approved developments (some existing, others not yet built) block the way of logical extensions
of urban collector and arterial roads.
The single most noticeable constraint is the Gordon River as it extends from the Naples Bay
northward under the East Tamiami Trail (US 41) to its connection with the Golden Gate canal
system.
The characteristics of the highway network at this location resembles an "hour-glass". On the
western extreme, US 41 and Goodlette Road converge on the narrow "straits" of the Gordon
River bridge. while to the east, US 41 and Davis Boulevard do likewise. The result is the typical
"bottleneck" effect when too much traffic volume is forced through a constricted area.
Tho other contributing factor to surroRt and future congo&tion probloms is assosiatod with tho
nORRwootlOOl::ltRoast ooAfiguFation af tRe East TFail (US 41). BeGaI:.l&e thiG roadway oonvor-gOG
with tho east/wost and north/south roacl\'\'ays at an angle it has tho impact of forcing or
"squeezing" the travel demand into the confined area of tho Gordon River corridor. This one
roadway sOntOS both the north/south and tho oact/wost travol domand in tho East Naplos aroa.
- Words struckthrough are deletions; words underlined are added
Agenda Item No. 88
June 8, 2004
80 of 250
.~-_._"- ~~-~ ' . ~.,..,----., --~.- ,----, -- ---,">
EXHIBIT A
FUTURE LAND USE LEMENET
CPSP.2003.15
OBJECTIVE 7
In an effort to support the Dover. Kohl & Partners publication. Toward Better Places: The
Community Character Plan for Collier County. Florida. promote smart arowth policies. and
adhere to the existina development character of Collier County. the followina policies shall be
implemented for new development and redevelopment projects. where applicable.
Policy 7.1
The County shall encourage street connections to frontinQ collector and arterial roads. except
where no such connection can be made without violatina intersection spacina reauirements of
the Land Development Code.
POLICY 7.2
In connection with the Planned Unit Development (PUD) monitorina by the County. evaluate
sunsetted PUD's as to the spacina and connectivity of local streets and interconnections with
adioinina neiahborhoods or other development projects.
POLICY 7.3
The County shall encourage new developments to provide walkable communities with a blend
of densities. common open spaces. civic facilities and a ranae of housina prices and types.
POLICY 7.4
The County shall encouraae mixed-use development within the same buildinas by allowina
residential dwellina units over and/or adjacent to commercial development. This policy shall be
implemented throuah provisions in specific subdistricts.
POLICY 7.5
The County shall explore the creation of an urban "greenwav" network along existing maior
canal banks and powerline easements.
POLICY 7.6
The Community Development and Environmental Services Division will continue to research
smart growth practices in an effort to improve the future of Collier County by specifically
addressina land uses and transportation plannina for future arowth and development.
Words struckthrough are deletions; words underlined are added
Agenda Item No. 88
June 8, 2004
81 of 250
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Agenda Item No. 88
June 8, 2004
82 of 250
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Agenda Item No. 88
June 8, 2004
83 of 250
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Agenda Item No. 88
June 8, 2004
84 of 250
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Agenda Item No. 88
June 8, 2004
85 of 250
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GOLDEN GATE AREA MASTER PLAN
STUDr AliMa
COlLIER COUNTY, FLORIDA ICllDIN <XI.
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CPSP-2003-10 Revised Map 1
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Agenda Item No. 88
June 8, 2004
86 of 250
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CPSP-2003-10 GGAMP FLUM Revised (Map 2)
Agenda Item No. 88
June 8, 2004
87 of 250
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CPSP-2003-10 Revised Map 7
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Agenda Item No. 88
June 8, 2004
88 of 250
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Agenda Item No. 88
June 8, 2004
89 of 250
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CPSP-2003-10 New Map (Collier Boulevard Commercial Subdistrict)
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Agenda Item No. 88
June 8, 2004
90 of 250
.',~._~,_. -., -.,.-".
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GOLDEN GATE ESTATES
NEIGHBORHOOD CENTERS
C_ CcluI1tr. florid.
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CPSP-2003-10 Revised Map 9
Agenda Item No. 88
June 8, 2004
91 of 250
_.
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IMMOKALEE ROAD/EVERGLADES BOULEY ARD CENTER
Collier County. Florida
~-
I LEGEND I
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WAn. JIIVt
I ADOP'lm - 5D'lOIBER 10, 20031
Cr4. 110. 2003- 44
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CPSP-2003-10 Revised Map 13
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Agenda Item No. 88
June 8, 2004
92 of 250
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CO~"'dERCIAL WESTERN ESTATES INFILL SUBDISTRICT
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I LEGEND I
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CPSP-2003-10 Revised Map 16
Agenda Item No. 88
June 8, 2004
93 of 250
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Agenda Item No. 88
June 8, 2004
94 of 250
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<:a..IJEII COUNTY. fUlISlA
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Agenda Item No. 88
June 8, 2004
95 of 250
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Agenda Item No. 88
June 8, 2004
96 of 250
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CPSP-2003-14 Replacement Map 2 of TR-3 Map
Agenda Item No. 88
June 8,2004
97 of 250
-,
CCPC Recommendations from their Mav 20. 2004 Pu blic Hearin2 on
the 2003 cycle 1 Growth ~lana2ement Plan Amendments
CP-2002-2
FUTURE LAND USE ELEMENT
FUTURE LAND USE MAP
CCPC Recommendation:
8y vote of 4/4, the CCPC failed to offer a recommendation to the BCC to transmit or not to transmit
petition CP-2002-2 to the Florida Department of Community Affairs. A motion to recommend
transmittal failed 4/4 as did a motion not to recommend transmittal (one CCPC member could not
vote due to conflict). Staff's recommendation is reflected in the transmittal Resolution Exhibit A for
petition CP-2002-2, and is shown below.
Speakers:
Three persons spoke in opposition, Two expressed concern about the impact upon the TOR
(Transfer of Development Rights) program and the precedent that might be set for allowing
property in the Rural Fringe Mixed Use District to change the future land use designation; one
expressed concern about traffic impact upon the residents of Trinity Place, and suggested no
access be allowed on Trinity Place, and suggested access could be allowed on an existing access
easement running along the west side of the subject property.
'--'w. Petition CP-2002-2 language:
FUTU RE LAND USE ELEMENT
Agricultural/Rural- Mixed Use District
2. NaDles Sia CVDress Commerce Center Subdistrict [new text, page 56]
This Subdistrict. which comprises approximately 9.79 acres. is located at the northwest corner of
the intersection of U.S, 41 East (Tamiami Trail) and Trinity Place. It is intended to accommodate
commercial development primarilv associated with adiacent commercial lands (zoned C-4 and C-5)
under common ownership with the subiect property. as further explained below. It is further
intended that the existina C-4 and C-5 zoned parcels. together with the land contained in this
Subdistrict. will be part of a unified plan of development. which incorporates the proposed
development of a flea market on the existina C-4 and C-5 commercially zoned parcels. toaether
with the land comprisina this Subdistrict. The intent of the Subdistrict is to allow for the expansion
of the flea market. with certain limitations as herein defined. and to allow complementarv additional
mixed-use commercial activities in the Subdistrict.
Development of the Subdistrict, will be aovemed by the followina criteria:
a. The rezonina is encouraaed to be in the form of a PUD,
b, A unified plan of development is reauired, It shall include a common architectural theme
that is consistent with the architectural theme of the flea market proposed for the adiacent
C-4 and C-5 zonina districts and shall include a parking lot and pedestrian circulation
system intearated with the adiacent C-4 and C-5 zonina districts.
c. The Subdistrict shall allow all uses permitted in the C-4 and C-5 zonina districts. in effect as
of the date of adoption of the reaulations establishina and aoverhina the Subdistrict.
includina the aeneral ranae of retail merchandise. food service. aasoline service station and
"'""_ motel/hotel accommodations.
1 Words with single underline are added; words with single strike tlmnlgR are deleted - as recomme~da'titem No. 88
Words with douhle underline are added; words with 8flllAll! 1t"1I8 t1mlllgA are deleted - as recommended hy eJune 8, 2004
98 of 250
".,.-~-_...'_. _._~- ~~._- ,_. ...,
d. The maximum aross floor area of all uses in combination shall not exceed 7,500 sauare
feet per acre. or 75,000 sauare feet total. whichever is the lesser.
e, land uses not functionallv a part of the flea market shall be limited to 25.000 sauare feet of
aross floor area. With the exception of a motel/hotel. no structure independent of the flea
market shall exceed a floor area of 5.000 sauare feet. Land uses shall be limited to those
havina a neiahborhood market service area and those that serve the travelina public
(recoanizina the scenic hiahwav attributes of the East Tamiami Trail.)
1. No buildina shall exceed a heiaht of 20 feet with the exception of a motel/hotel. which may
be 35 feet in heiaht.
g, Access shall be limited to Basik Drive and Trinity Place.
h. A 50 foot landscaped buffer is reauired parallel and adiacent to the East Tamiami Trail.
Automobile parkina lots shall be visuallv screened from views from the East Tamiami Trail
with veaetation and/or earthen berms. to the areatest extent possible.
I. Development of the land may not proceed until such time as buildina permits have been
issued for at least 40.000 sauare feet of retail space in the contiauous C-4 and C-5 zonina
districts,
CP-2003-1
FUTURE LAND USE ELEMENT
FUTURE LAND USE MAP
ccpe Recommendation:
By vote of 8/0, the CCPC recommended to the BCC to transmit petition CP-2003-1 to the Florida
Department of Community Affairs, subject to four changes: 1) allow residential use, at a maximum
density of 16 dwelling units per acre, so as to promote mixed use development; 2) allow building
height of four stories if at least two floors contain residential uses; 3) clarify that a mixed use
commercial building is allowed up to three stories (retail use on the first floor and office use on the
second and third floor); and, 4) clarify language regarding Capital Improvement Element (CIE)
Policy 1.1.2 and its relationship to the concurrency management regulations - are development
orders subsequent to rezoning allowed once road improvements to deficient roadways are listed in
the first two years of the Capital Improvement Plan or only after the roadway improvements are
completed? Further, need to verify there is, in fact, a deficient roadway segment within this
project's radius of development influence. The CCPC-recommended changes are reflected in the
transmittal Resolution Exhibit A for petition CP-2003-1 , and are depicted below; clarification
regarding CIE Policy 1,1.2 will be provided at the 8CC hearing.
Speakers:
None,
Petition CP-2003-1 language:
FUTURE LAND USE ELEMENT
Urban Mixed Use District
10. Vanderbilt Beach/Collier Boulevard Commercial Subdistrict [revised text, page 27]
This Subdistrict is located Gfl in the north aide northwest auadrant of the intersection between the
two (2) major ro~ways of Vanderbilt Beach Road and Collier Boulevard, consisting of
approximately 33.45 acres of land for the existina area and 15.88 acres of land for the expansion
area as depicted on Map 5-B. The intent of the Vanderbilt Beach/Collier Boulevard Commercial
2 Words with single underline are added; words with single strike Ihfl3\lgn are deleted - as recornrne~dittitem No. 88
Words with douhle underline are added; words with IhnlAlil ~tl'ihil ~'RlI~ are deleted - as recommended hy eJune 8, 2004
99 of 250
.- Subdistrict is to provide convenient shopping, personal services and employment for neighboring
and Golden Gate Estates residential areas, as well as to promote mixed-use develooment
(residential uses over commercial uses). The Vanderbilt Beach/Collier Boulevard Commercial
Subdistrict will reduce driving distances for neighboring residents and Golden Gate Estates
residents. assist in minimizing the road network required. and reduce traffic impacts in this part of
Collier County. This s~ubdistrict is further intended to create a neighborhood focal point and any
development within this Subdistrict will be designed in a manner to be compatible with the existing
and future residential and institutional development in this neighborhood.
Pursuant to Policv 1.1,2 of the Collier County Caoital Imorovement Element. aooroval of anv
subseauent rezone oetition for the subiect property bv the Collier County Board of County
Commissioners shall be continaent uoon orohibition of issuance of further develooment orders until
all imoacted roadwavs are no lonaer deficient. Rezonings are encouraged to be in the form of a
PUD zoning district which must contain development and desian standards to ensure that all
commercial uses will be compatible with neighboring residential and institutional uses, In addition
to retail uses and other uses permitted in the Plan, financial institutions, business services, and
professional and medical offices shall be permitted, Exclu~ivo of the 33.45 aores within tho
previously approved Mission Hille PUD Within the 15.88-acre expansion area, the followina land
uses shall not be permitted: aas stations. convenienoe stores with aas oumps, fast food
restaurants with drive-throuah lanes. and tire stores,
To encourage mixed use projects, this Subdistrict also permits residential development when
located in a mixed-use building (residential uses over oommercial uses). Such residential
development is allowed at a maximum density of 16 dwelling units per acre; the gross acreage of
the project is used in calculating residential density.
-
Retail uses shall be limited to a single-story. Financial services and offices shall be limited to three
stories, A combination of these uses in a sinale buildina - financial services and/or offices over
retail uses - shall be limited to three stories. Mixed-use buildinas. containina at least two floors of
residential uses over commercial uses. shall be limited to four stories. All principal buildings shall
be set back a minimum of one (1) foot from the Subdistrict boundaries for each foot of building
height. Development within each proiect or vet to be established PUD District tho Subdistrict shall
be required to have common site, signage and building architectural elements, The property Each
oroiect or PUD District shall provide for potential both pedestrian and vehicular interconnection~
with adjacent properties,
[The shaded text was recommended by staff; the petitioner does not agree unless "no longer
deficient" is clarified to mean the needed road improvements are within the first two years of the
Capital Improvement Plan. The CCPC recommendation was subject to this issued being
clarifiedlresolved. Staff will present additional input on this issue to the BCC.]
CP-2003-2
FUTURE LAND USE ELEMENT
FUTURE LAND USE MAP
CCPC Recommendation:
By vote of 5/4, the CCPC recommended to the BCC to transmit petition CP-2003-2 to the Florida
Department of Community Affairs, subject to two changes: 1) allow residential use, at a maximum
density of 16 dwelling units per acre, so as to promote mixed use development; 2) allow an
additional floor of building height if the building contains residential use, The dissenters were
--
3 Words with single underline are added; words with single stril.e tflrsHgR are deleted - as recomme~~'rltem No. 8B
Words with dcmhle underline are added; word.. with 8l!lIRla AIRha tkrl!lIg11 are deleted - as recommended hyeJuJre 8, 2004
100 of 250
~.-
concerned about the appropriateness of allowing residential use given the surrounding land uses
(industrial to north and west; commerciallindustrial to south across Radio Road). The CCPC-
recommended changes are reflected in the transmittal Resolution Exhibit A for petition CP-2003-2,
and are depicted below.
Speakers:
None.
Petition CP-2003-2 la.!lguage:
FUTU RE LAND USE ELEMENT
B. Urban Commercial District
10. Livinaston/Radio Road Commerciallnfill Subdistrict
This Subdistrict consists + 5.0 acres located at the northwest corner of the intersection of
Livinaston Road and Radio Roads,
This Subdistrict allows for those permitted and conditional uses set forth in the Commercial
Intermediate Zonina District (C-3) of the Collier County Land Development Code. Ordinance
91-102. in effect as of the effective date of adoption of this Subdistrict. (Should this
Subdistrict be adopted. the correct date and Ordinance Number will be substituted in this
sentence), However. the followina conditional uses shall not be permitted:
1, Amusements and recreation services (Groups 7911 .7922 community theaters
onlv. 7933. 7993. 7999 boat rental. miniature aolf course. bicvcle and moped
rental. rental of beach chairs and accessories onlv,
2, Homeless shelters. as defined by the Land Development Code,
3. Social Services (8322-8399)
4. Soup kitchens. as defined by the Land Development Code.
To encouraae mixed use oroiects. this Subdistrict also oermits residential develooment when
located in a mixed-use buildina (residential uses over commercial uses), Such residential
develooment is allowed at a maximum density of 16 dwellina units oer acre: the aross
acreaae of the oroiect is used in calculatina residential densitv.
The ouroose of this Subdistrict is to provide services. includina retail uses. to surroundina
residential areas within a convenient travel distance to the subiect property. These uses are
not an entitlement. nor is the maximum density for residential uses in a mixed-use buildina.
Such uses. and residential density. will be further evaluated at the time of rezonina approval
to insure appropriateness in relation to surroundina properties,
The maximum development intensitv allowed is 50.000 sauare feet of buildina area for
commercial uses with a maximum heiaht of three (3) stories. not to exceed 35 feet.
However. for mixed use buildinas - those containina residential uses over commercial uses -
the maximum heiaht is four (4) stories, not to exceed 45 feet. Access to the property within
the Subdistrict mav be permitted from Radio Road. Market Avenue located to the north of the
subiect property. and Livinaston Road. Any access to Livinaston Road shall be limited to the
northern one-third of the proiect's Livinaston Road frontaae and shall be limited to riaht-in.
riaht-out access. Further. access shall be consistent with the Collier County Access
Manaaement Policv then in effect at the time of either rezonina or SOP application. and
whichever policv is the more restrictive.
4 Words with single underline are added; words with single slcike lhrellgA are deleted - as recomme~da'titem No. 88
Words with douhle underline are added; words with tlnliAlil AtfihallmHlgH are deleted - as recommended hy ('June 8, 2004
1 01 of 250
--
CP-2003-3
FUTURE LAND USE ELEMENT
FUTURE LAND USE MAP
CCPC Recommendation:
By vote of 9/0, the CCPC recommended to the BCC to transmit petition CP-2003-3 to the Florida
Department of Community Affairs, per staff's recommendation. Staff's recommendation is reflected
in the transmittal Resolution Exhibit A for petition CP-2003-3, and is shown below,
Speakers:
None,
Petition CP-2003-3 language:
FUTURE LAND USE ELEMENT
B. Urban Commercial District
9. Livinaston RoadNeterans Memorial Boulevard Commerciallnfill Subdistict
This Subdistrict consists of + 2.25 acres and is located at the southeast corner of the
intersection of Livinaston Road and Livinaston Road/East - West soon to be known as
Veteran's Memorial Boulevard. The Subdistrict allows those office uses, medical uses and
financial institutions permitted by riaht and by conditional use, Within the C-1 Zonina District,
of the Collier County land Development Code. Ordinance 91-102. as the effective date of
adoption of this Subdistrict. (Should this Subdistrict be adopted. the correct date and
....,- Ordinance number will be substituted in this sentence.) This Subdistrict is desianed to serve
the surroundina residential uses within a convenient travel distance to the subiect property: it
is further desianed to be compatible with the neiahboring residential uses. throuah the
development standards provided herein. alona with other olanning considerations.
The maximum development intensity allowed is 50.000 sauare feet of building area with a
maximum heiaht of 3 stories. not to exceed 35 feet. Access to the property within the
Subdistrict shall only be permitted from Veterans Memorial Boulevard. There shall be no
access permitted directly to or from Livinaston Road.
CPSP-2003-10
GOLDEN GATE AREA MASTER PLAN (GGAMP)
GGAMP FUTURE LAND USE MAP and MAP SERIES
CCPC Recommendation:
By vote of 8/0, the CCPC recommended to the BCC to transmit petition CPSP-2003-1 0 to the
Florida Department of Community Affairs, subject to numerous changes. The CCPC-
recommended changes are reflected in the transmittal Resolution Exhibit A for petition CPSP-
2003-10, and are depicted below.
Speakers:
There were some speakers regarding this petition.
Petition CPSP-2003.10 language:
GOLDEN GATE AREA MASTER PLAN
- Introduction Section: [revised text: page 2]
5 Words with single underline are added; words with single strike H1rol:lgA are deleted - as recomme~Wilfitem No. 88
Words with douhle underline are added; words with dAlI~liI 11"118 tlunugk are deleted - as recommended hy ['June 8, 2004
102 of 250
-..- - n ~"',._._ ~^-- --.,.- -~..... ..,....--
Collier County hac experienced a tremendouc rate of population growth cince 1980 and the trend
is anticipated to continue. In response to the anticipated population increase and the Gro'....th
Management Act of 1985, In January of 1989, Collier County adopted a revised Growth
Management Plan. in January of 1989 as part of a statO'.~.'ide effort to effectively manage gro'Nth.
The Golden Gate Area (cee Map 1) hac gro'....n at an even higher rate than the County Wide rate
since 1980 and is projected to contribute significantly to County ':Vide gro'Nth in the future. As part
of the revised Growth Manaaement Plan. the County adopted the oriainal Golden Gate Area
Master Plan (GGAMP) in 1991, The GGAMP was further revised in 1996, The Golden Gate Area
Master Plan provides arowth manaaement reaulations for the desianated Golden Gate Area (see
Map 1),
The Golden Gate Area was previously subject to the regulations outlined in the County's Growth
Management Plan Future Land Use Element (FLUE). However, in 1991, the unique characteristics
of the area resulted in adoption of a separate Master Plan for Golden Gate. as a separate Element
of the Collier County Growth Manaaement Plan. This Master Plan became a separate Element of
the County's Growth Management Plan and supersedegs former Objective 1, Policy 1.1, and
Policy 1,3 of the County Wide Future LaRtl Use Element FLUE. All other Goals, Objectives, and
Policies contained in the Future Land Use Element FLUE and all other Elements of the Growth
Manaaement Plan remain are applicable to the Golden Gate Area. In addition, the Golden Gate
Area Future Land Use Map will be used instead of the County-Wide Future Land Use Map.
In April 1996, the Board of County Commissioners adopted the Evaluation and Appraisal Report
(EAR) for Collier County. As a result of the recommendations made in the EAR, Ordinance 91-15,
which adopted the original Golden Gate Area Master Plan~ was repealed and a new Ordinance 97-
64 was adopted.
In Februarv of 2001. the Board of County Commissioners directed staff to initiate a restudy of the
Golden Gate Area Master Plan. Accordinaly. in June of 2001. Comprehensive Plannina Section
Staff reauested that the Board appoint an advisory committee. consistina of residents of Golden
Gate City and Golden Gate Estates. to aid Staff in the restudy process, The Golden Gate Area
Master Plan Restudy Committee met on over twenty (20) occasions. between June 2001 and June
2003. to consider proposed amendments to the GGAMP. as well as other matters related to the
Golden Gate Area. All meetinas were open to the public. many of these meetinas were well
attended.
The restudy process was divided into two phases. The County transmitted Phase I amendments
to the Florida Department of Community Affairs (DCA) in March 2003. These amendments were
adopted. as Ordinance 2003-44. in October 2003, Phase II amendments were transmitted in
September 2003. The Phase 1\ amendments were adopted in January 2004. as Ordinance 2004- .
(Note: The correct Ordinance # will be inserted upon adoption,)
This plan includes three major sections:
The OVERVIEW section provides an introduction to County \^lide Countywide and Golden Gate
Area planning efforts,
The IMPLEMENTATION STRATEGY places the Plan into effect, Strategies have been developed
to address land use, public facilities, transportation. rural character. emeraency manaaement and
natural resources. This section also includes the Goals, Objectives, and Policies, and the Golden
Gate Area Future Land Use Map.
6 Words with single underline are added; words with single slrike IRrsllgR are deleted - as recomme~~lHem No. 8B
Words with douhle underline are added; words with 1l~1I111il Rtl'ihil t~r~lIgA are deleted - as recommended hy ('June 8, 2004
103 of 250
_..
The SUPPORT DOCUMENT outlines data and information used to develop the implementation
strategy, aM including the Goals, Objectives, and Policies.
Overview Section: [revised text: page 4]
II. OVERVIEW
A. COUNTY-WIDE PLANNING PROCESS
Pursuant to AD mandated by Chapter 163, Florida Statutes, the "Local Comprehensive Planning
and Land Development Regulations Act" and Chapter 9J-5, Florida Administrative Code, "Minimum
Criteria for Review of Local Comprehensive Plans and Determination of Compliance", the Collier
County adopted Cl new Growth Management Plan in January of 1989 shall contain the followina
elements: This legislation requires all Countiec and municipalitieG throughout the State of Florida
to develop a plan, which consists of the following elements:
1. Land Use;
2. Transport:ltion;
3. Houcing;
4. Public Facilities;
5. Capitallmprovomont;
6. Recreation and Open Spaoe;
7. Intergovernmental Coordination;
8. Housing; and
9. Consor\':ltion and CO:lstal Managomont (Co:lstal Countios).
1. Future Land Use
2, Housina
3, Public Facilities
4, Conservation and Coastal Manaaement (Coastal Counties only)
5. Interaovemmental Coordination
6. Caoital Imorovements
7, Transoortation
8, Recreation and Ooen Soace.
In addition to the above Elements, local govemment comprehensive plans in Florida may, by
decision of the local legislative body, contain one or more optional elements, Optional elements
are required to comply with certain general criteria under Rule 9J-5, Florida Administrative Code,
but are not subject to specific requirements (with some exceptions). In 1991, the Board of County
Commissioners chose the option of adopting the Golden Gate Area Master Plan, in recognition of
the unique characteristics of the Golden Gate Area,
In addition to establishina the Collier County Growth Manaaement Plan's mandatory structure.
Chapter 163, F.S. and Rule 9J-5, F.A,C.. also subiect require that the Gro'Nth M::magement Plan to
a mandatory evaluation orocess be ovaluated every 7 years~ This process involves the
oreoaration of and propare an Evaluation and Appraisal Report (EAR) to determine 00w whether.
and to what extent the existing Growth Management Plan has carried out its stated Goals,
Objectives and Policies. In April 1996, the Board of County Commiscioners :ldopted the EAR. #1
- 1 QQ7, The Golden G:lte Area Master Plan hac been readopted to carry out tho recommendations
of tho EAR DI:IFSOORt te IiAR--rooommeRckltiooo. tho Collier COURt>; B&ar-d--~f Ceuntv
7 Words with single underline are added; words with single stril.e tRrsllga are deleted - as recomme~Qarltem No. 88
Word~ with douhle underline are added; word~ with aiHllllil RtMlIollmlMgll are deleted - a~ recommended hy ['June 8, 2004
1 04 of 250
*-- ...-..-..'-",<<-, ..- ..'--_..
.~..~--_.._,_. ~.~_.~_._"-_._"'-. -..-.... .-.,-
CommissioAoro QmeAded tho 1991 GGAMR and-adoptad Q reviced '/ersiol1-of the Golden Gate
Area---M3stor Plan-:-
B. GOLDEN GATE AREA PLANNING PROCESS
Ge>>ie-~ County'o Future Land Use Eloment is divided into tv/o sections. The first section outlines the
Goals, Objectives and Policies. The second section is the Land Use Data and ^nalysis,
Policy -1,1, oontained within the Goals, Objectives and Policies section, states the following:
"A detailed sector plan for Golden Gate Estates shall be developed and incorporated into this
Growth Management Plan by August, 1991. The sector plan shall address Natural
Resources, Future Land Use, Water Management, Public Facilities and other
considerations. "
Objective 4 of the Collier County Future Land Use Element (FLUE) allows the countywide planning
process to "address specific geographic or issue areas," Policy 4,1 of this Objective reads as
follows:
';A detailed Master Plan for Golden Gate Estates has been developed and was incorporated into
this Growth Management Plan in February, 1991. The Master Plan addresses Natural Resources,
Future Land Use, Water Management, Public Facilities and other considerations."
In February 1991, the Board of County Commissioners adopted the original Golden Gate Area
Master Plan... The oriainal Master Plan incorporated the after assic1;:mco and recommendations of
ffem a Citizens Steering Committee, A revised and updated Master Plan was adopted in 1997 ,
pursuant to recommendations of the County's 1996 Evaluation And Appraisal Report. In 2001. the
Board of County Commissioners established the Golden Gate Area Master Plan restudy
Committee and directed Staff to work with the Committee to further revise and update the Master
Plan. The Board of County Commissioners adopted revisions to the GGAMP, incorooratina the
recommendations of the Restudv Committee, in 2003 and 2004.
Policy 1.1.1: [revised text, page 5]
The URBAN Future Land Use Designation shall include Future Land Use Districts and
Subdistricts for:
1. URBAN - MIXED USE DISTRICT
a. Urban Residential Subdistrict
b. High Density Residential Subdistrict
2. URBAN - COMMERCIAL DISTRICTS
a. Activity Center Subdistrict
b, Golden Gate Commercial In-fill Subdistrict
c, Commercial Under Criteria Subdistrict
d. Interstate Activity Center Subdistrict
e. Santa Barbara Commercial Subdistrict
f. Golden Gate Parkway Professional Office Commercial Subdistrict
g. Downtown Center Commercial Subdistrict
h, Collier Boulevard Commercial Subdistrict
8 Words with single underline are added; words with single slcil<e HmllJgR are deleted - as recornme~Qa.titem No. 88
Words with douhle underline are added; words with IIflMRI~ Rtl'ilw tRflHlgh are deleted - as recommended hy ('June 8, 2004
105 of 250
- Policy 1.2.2: [deleted text, page 7]
The Golden G:11e Are<:1 M<:1ster Pbn shall be updated on an annual basi~ to reflect changes in
programmed public facility improvomentc.
[Policies 1,2.3 through 1.2.5, are renumbered to 1.2.2 through 1,2.4]
Policy 1.2.8: [deleted text, page 7]
The Golden Gate Firo Dictriot in cooperation with County entitieo if appropri:J.te, chall invectigate
the establishment of permanent drafting stations strategically located along the canale in Golden
Gate Estates as a water resource to fight firm; within the area.
Policy 1.3.2: [deleted text, page 8]
The Golden Gate Nea Master Plan shall be updated within a reasonable time period after the date
set forth for completion in Policies 1.1 and 1,3 of the Conservation and Coastal Management
@em~f the Growth Management Pbn.
Policy 2.2.2: [deleted text, page 9]
Tho County '.viii dosignato a mombor of tho Community Dovolopmont and Environmontal Sorvicos
Divbon to <:1ct ac liaicon between property owners a.nd DEP so <:1S to provide aocurate information
regarding the acquisition of land in SGGE.
- [Policy 2,2.3 becomes 2.2.2]
OBJECTIVE 2.3: [deleted text, page 10]
In order to further this Goal, Collier County recognizes the DEP'c Work Plan and time frames for
oompletion of tho rOilppraioal and purohaco of I:mdc in SGGE ac followc:
" Reappraical of lands by December 1998, using the Uniform Standards of Professional
J\ppraisal Praotices, v:ithout limiting oonditions,
. Complete purohiloe of the SGGE project by Dooember 31 , 2000.
Policy 2.3.1 : [deleted text, page 10]
Recognizing the timo frames deccribed in Objectivo 2.3 above. if oithor the reappraisal or purchase
is not oompleted by tho dates spocifiod in tho 'Nork PI<:1n, the Board of County Commissioners will
initiate tho process to amend tho Growth Managomont Plan to deleto Goal 2 and its rebted
Objectives and Policios during tho first amendment oyolo following tho first schoduled oompletion
Gate-of Docembor, 1998 deccribed in tho '}.'ork Plan.
Obieeti'/e ~.~i [Re'l: \8x4:, page 19]
Callier Cel:lAW reseEiJAiz8e that 11:19 s9utt:lerlv extonoiEIR ef everaladoG ~e\:,Jlovard tRr900h tho SoutR
GeleleFl Gate I!!etatee Area erevielsB aA 8Ffl8fElElA8V 8vael:latieA f81::1t8 fer tl:18 reeiel8Ats of that
f)ertisA af GeleleFl Gate t;statee leeatas GlleAEI ~VerElIBEle8 BREl Deg8te Qeblle'JaFse. S8\:,Jtl:1 Elf GeiseR
Gate QSl:llevGFB. BS well as aF! El€lF8GG Fel,ltGl fer eFAOf€1l8AQV 8E)b1il3meRt iFlte tl:1e flel:ltRGQeterR oertioJ:!
~-
9 Words with single underline are added; words with single slcil.e IflFelOga are deleted - as recomme~Qa'dtem No. 88
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106 of 250
"-- -~...'- .----- . --
of tho ~&totos. Furthor. C@llior CauRw oommit&-tO--+lot-oUowino thoco emoraooc'v' methodG of
OGress and oV3cu3tiorH&--bo olimiAated until such timg..,as thov-can be suitablv roolaced.
Poliev 2.4.1: [RS..... text, pa~9 10]
U~@R tR8 i:lsepti@Fl €If tRiG Oi3jeeti'/e aR8 Peliey, the C€lllier C€H:lntj' TraRsp€lrtatisR :\€lmiRistration,
the Callier Ca~Rty I!!FFlerQ9Rsy Malu~eFFleAt /\QElR€lY, tR8 GeiseR Gato F'ire one RElG€ll::lS DistriGt,
aRa etRsr sRtities as ae8~ea a~Fir9~riat8, sRall e9!1iliR 8i86~G8iell ':Jitf:i H~9 J;leriaa Oopartr;AORt 8f
I!!rwir:8RFFloFlt:a1 PrateGtieR (H)I!P), aRa t/;:lo F'leriaa ~ivisieR 8f F'8re&tr;" fer the jJwrp899 of
ost3BlichiRg :aR omorfJoncy acoots....am:l evacuation fOl:ltO tR-rOtfgMho ~outh Goldoo-Gatg..,fstatos
~
Goal 4: [new text, page 10]
COLLIER COUNTY PLANNING EFFORTS WITHIN GOLDEN GATE CITY SHALL SEEK TO
PRESERVE AND ENHANCE A MIX OF RESIDENTIAL AND COMMERCIAL Nom
INSTITUTIO~JAl LAND USES THAT PROVIDES FOR THE BASIC NEEDS OF BOTH THE
LOCAL RESIDENTS AND THE RESIDENTS OF THE SURROUNDING AREA.
Objective 4.1 : [new text, page 10]
Develooment and redevelooment within Golden Gate City shall focus on the orovision of
residential and commercial ema 8€lnaiti€lRall:lsOEi that meet the needs of the surroundina area.
Policv 4.1.1 : [new text, page 10]
By 2005. Collier County shall develoo an imolementation schedule for the creation of a
community-olannina proaram for Golden Gate City. The imclementation schedule shall
take into consideration the followina issues:
a) Affordable housina based uoon home ownershio:
b) Commercial re-vitalization. to include:
i. Sidewalks
ii. Traffic calmina measures
III, Imcroved street liahtina:
c) Neiahborhood carks. open soace and recreational centers: and
d) Crime reduction.
e) Consistent enforcement of land develocment reaulations,
f) Imoroved Iiahtina for streets and carkina areas.
Policv 4.1.2: [new text, page 10]
By 2005. Collier County shall beain to examine. bv holdina community meetinas. the feasibility of
establishina neiahborhood-based olannina croarams within Golden Gate City that focus on the
uniaue or distinct features of the different portions of the community. While focusina on distinct
areas within the community. such neiahborhood planninG efforts as may be established shall not
nealect Golden Gate City as a whole,
10 Words with single underline are added; words with single slrike thr-ellgR are deleted - as recomme~diafltem No. 88
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107 of 250
-. Policv 4.1.3: [new text, page 10]
By 2005. Collier County shall examine the feasibility of craftina land develooment reaulations
specific to the Golden Gate City community. Such reaulations shall focus on the uniaue
circumstances of this community.
GoalS: [new text, page 10]
FUTURE GROWTH AND DEVELOPMENT WITHIN GOLDEN GATE ESTATES WILL BALANCE
THE DESIRE BY RESIDENTS FOR URBAN AMENITIES WITH THE PRESERVATION OF THE
AREA'S RURAL CHARACTER. AS DEFINED BY WOODED LOTS. THE KEEPING OF
LIVESTOCK. THE ABILITY TO GROW CROPS. WILDLIFE ACTIVITY. LOW-DENSITY
RESIDENTIAL DEVELOPMENT. AND LIMITATIONS ON COMMERCIAL AND CONDITIONAL
USES.
Objective 5.1 : [new text, page 10]
By 2005. the Collier County Land Development Code shall provide that roquiro new commercial
development within Golden Gate Estates shall comply with specific rural desian standards,
Policv 5.1.1: [new text, page 10]
Upon the adoption of these provisions. all new commercial development within the Estates-Mixed
Use District shall be subiect to the architectural and landscaoe desian standards. referenced within
the Estates Desianation. Compliance with these desian standards shall be in addition to any
.- standards that may be reauired in soecific subdistricts.
Policv 5.1.2: [new text, page 10]
Consistent with public safety reauirements. street. recreational and structure liahtina within Golden
Gate Estates shall be placed. constructed and maintained in such manner as to prevent or reduce
liaht pollution. In implementina this Policy. the County shall apply the followina standards:
a. If a streetliaht or an area liaht is reauired. it shall be of the type specified
to protect neiahbors from di rect alare. Area liahtina shall be shielded
such that direct rays do not pass property lines. Low-pressure sodium lamps are
encouraaed while haloaen type liahts are discouraaed.
1. Where reauired. the street lamo shall be of the hiah oressure sodium type and have
a "cobra head with flat bottom" sMe or be fully shielded so that Iiaht is directed only
downward. Street lamos shall be mounted on a wood Dole at a heiaht and wattaae
recommended by the accrooriate electric utility and as aporooriate for a rural area.
2. Parkina lot lam os shall be low-oressure sodium tvoe lamps and shall be mounted so
that th;y ooint downward without direct rays extendina past the oarkina lot. buildina
entrance. walkway. or other area intended to be illuminated.
b. Where liahtin~ of recreational areas are reauired. such Iiahtina shall be mounted so as to
focus iIIumina ion on the areas intended to be illuminated. and to limit the amount of liaht
that extends outside of the intended area.
-
11 Words with single underline are added; words with single slcikll tHFBlIgR are deleted - as recomme~d.G\:'tHem No. 88
Words with douhle underline are added; word~ with 1Ilulhla ntFililllflFllllgk are deleted - as recommended hy ('June 8, 2004
108 of 250
..<-~---'-',
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Obiective 5.2: [new text, after page 10]
The orovision of oublic infrastructure shall be balanced with the need to oreserve the rural
character of Golden Gate Estates.
Policv 5.2.1: [new text, after page 10]
Future road and bridae imorovements in Golden Gate Estates shall not only orovide for safety and
reasonable mobilitv. but shatl also contribute to the rural character of the area. Transoortation
imorovements shall be designed in context with their settina.
Policv 5.2.2: [new text, after page 10]
The Collier County Parks and Recreation Deoartment shall create a DubHe network of areenway
corridors within Golden Gate Estates that interconnects oublic lands and oermanently orotected
areensoace. The first seament of areenway shall be in olace by 2005. The areenway network
shall consist of interconnected trails and oaths. which allow oeoole to move about the Estates Area
by means other than. motorized vehicles, All areenways shall be constructed within existina or
future oublic riahts-of-way. In creatina the areenway network. the County shall not emoloy eminent
domain oroceedinas.
Policv 5.2.3: [new text, after page 10]
Recoanizina the existina residential nature of the land uses surroundina the olanned 1-75
interchanae at Golden Gate Parkway. as well as the restrictions on conditional uses of the
Conditional Uses Subdistrict of the Golden Gate Area Master Plan. there shall be no further
commercial zonina for orooerties abuttina Golden Gate Parkway between Livinaston Road and
Santa Barbara Boulevard. No mew commercial uses shall be oermitted on orooerties abuttina
streets accessina Golden Gate Parkway within the above-defined seament. This oolicv shall not
aoolv to that existina oortion of the Golden Gate Estates Commerciallnfill Subdistrict. which is
located at the northwest corner of the intersection of Golden Gate Parkway and Santa Barbara
Boulevard,
Obiective 5.3: [new text, after page 10]
By 2005. the Collier County Land Develooment Code shall orovide for the orotection of the rural
character of Golden Gate Estates. These orovisions shall reauire oreservation of such rural
amenities as. but not limited to. wooded lots. the keeoina of livestock. the ability to arow croos.
wildlife activity. and low-density residential develooment.
Policv 5.3.1: [new text, after page 10]
By 2005. the Collier County Land Develooment Code will orovide for staaaered structural setback
reauirements for adioinina 75-foot-wide lots. The ouroose of this reaulation is to allow oarkina of
work vehicles. commercial vehicles and eauioment in rear yards,
Policv 5.3.2: [new text, after page 10]
The arowina of food croos and/or the keeoina of livestock on orooerties within Golden Gate
Estates shall be oermitted. orovided that such activities are conducted accordina to the Land
Develooment Code.
12 Words with single underline are added; words with single s~ke tArel:lgA are deleted - as recomme~~'dtem No. 8B
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109 of 250
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Policv 5.3.3: [new text, after page 10]
By 2005. the Land Development Code shall be amended so as to encouraae the preservation of
wooded residential lots and the preservation of native veaetation and wildlife common to the
Estates Area.
GOAl6: [new text, after page 10]
FUTURE TRANSPORTATION IMPROVEMENTS WITHIN THE GOLDEN GATE AREA SHALL
PROVIDE FOR A SAFE AND EFFICIENT COUNTY AND LOCAL ROADWAY NETWORK.
WHILE ATTHE SAME TIME SEEKING TO PRESERVE THE RURAL CHARACTER OF
GOLDEN GATE ESTATES.
Obiective 6.1 : [new text, after page 10]
The Collier County Transportation Division will continue to increase the number of route
alternatives for traffic movina throuah the Golden Gate Area on both east-west and north-south
directions. consistent with neiahborhood traffic safetv considerations. and consistent with the
oreservation of the area's rural character.
Policv 6.1.1 : [new text, after page 10]
In plannina to increase the number of route alternatives throuah the Estates Area. the Collier
County Transportation Division will prioritize the followina routes over other alternatives,
.,.,.- a. The extension of Vanderbilt Beach Road from its current terminus to DeSoto Boulevard.
b, The development of a north-south connection from the eastern terminus of White Boulevard
to Golden Gate Boulevard.
c. The develooment of a new east-west roadway crossina the Estates Area south of Golden
Gate Boulevard. This roadway shall not be constructed within or adiacent to the existina
east-west canal riaht-of-way.
Policv 6.1.2: [new text, after page 10]
Collier County shall coordinate with the Florida Deoartment of Transportation to initiate a study of a
ootential interchanae in the vicinity of 1-75 and Everalades Boulevard.
Obiective 6.2: [new text, after page 10]
For the ouroose of limitina traffic on arterials and maior collectors within Golden Gate Estates.
shortenina vehicular trios. and increasina overall road system capacity. the County will actively
work to increase Iinkaaes within the local road system.
Policv 6.2.1: [new text, after page 10]
The County shall continue to exolore alternative financina methods to facilitate both east west and
north south bridaina of canals within Golden Gate Estates.
Policv 6.2.2: [new text, after page 10]
-
13 Words with single underline are added; words with single slcil(e tArsllga are deleted - as recomme~da'titem No. 8B
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11 0 of 250
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Plannina and riaht-of-wav acauisition for bridaes within the Estates Area local road system shall
make adeauate provision for sidewalks and bike lanes.
Policv 6.2.3: [new text, after page 10]
Sidewalks and bike lanes shall provide access to aovernment facilities, schools. commercial areas
and the planned County areenwav network.
Obiective 6.3: [new text, after page 10]
In plannina and constructina road improvements within Golden Gate Estates and Golden Gate
City. Collier County shall coordinate with local emeraencv manaaement officials to ensure that the
access needs of fire department. police and emeraencv manaaement personnel and vehicles are
met.
Policv 6.3.1: [new text, after page 10]
Beainnina in 2004 the Collier County Transportation Plannina Department shall hold at least one
annual public meetina with Golden Gate Area Emeraencv officials and the local civic association in
order to ensure that emeraency needs are addressed durina the acauisition of riaht-of-way for
desian and construction of road improvements.
Policv 6.3.2: [new text, after page 10]
Beainnina in 2004. the Collier County Transportation Plannina Department shall coordinate with
Golden Gate Area emeraencv officials to prioritize necessarv road improvements related to
emeraencv evacuation needs.
GOAL 7: [new text, after page 10]
THE LIVES AND PROPERTY OF THE RESIDENTS OF THE GREATER GOLDEN GATE AREA.
AS WELL AS THE HEALTH OF THE NATURAL ENVIRONMENT. WILL BE PROTECTED
THROUGH THE PROVISION OF EMERGENCY SERVICES THAT PREPARE FOR. MITIGATE
AND RESPOND TO NATURAL AND MANMADE DISASTERS.
Obiective 7.1 : [new text, after page 10]
The Collier County Emeraency Manaaement Department. Collier Countv Sheriff Department.
Emeraencv Medical Services. Golden Gate Area Fire District. and other appropriate aaencies. will
continue to maintain and implement public information proarams to inform residents and visitors of
the Greater Golden Gate Area reaardina the means to prevent. prepare for and cope with disaster
situations.
Policv 7.1.1: [new text, after page 10]
The County. Golden Gate Area Fire Districts. and appropriate aaencies. shall embark on an
education proaram to assist residents in knowina and understandina the value and need for
prescribed burnina on public lands in hiah risk fire areas.
Policv 7.1.2: [new text, after page 10]
14 Words with single underline are added; words with single strike tRrsllgn are deleted - as recomme~da'dtem No. 8B
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111 of 250
.,_...
The Golden Gate Area Fire District and Collier County Emeraency Manaaement Department shall
actively promote the Firewise Communities Proaram throuah public education in Golden Gate
Estates,
Policv 7.1.3: [new text, after page 10]
By 2005. the Collier County Community Development and Environmental Services Division shall
evaluate the Land Development Code for Golden Gqte Estates and shall eliminate any
reauirements that are found to be inconsistent with acceptable fire prevention standards. This
evaluation process shall be coordinated with the Golden Gate Area Fire District and the Collier
County Emeraency Manaaement Department.
Policy 7.1.4: [new text, after page 10]
The Golden Gate Area Fire District and the Collier County Emeraency Manaaement Department
shall hold one or more annual "open house" presentations in the Golden Gate Area emohasizina
issues related to wildfires. floodina. emeraency access issues and aeneral emergency
manaaement.
Obiective 7.2: [new text, after page 10]
Caoital imorovement oroiects within the Golden Gate Area shall be coordinated with all applicable
emeraency manaaement aaencies to ensure that the needs of these entities are included in the
overall public oroiect desian.
Policv 7.2.1: [new text, after page 10]
Preparation of Collier County's annual Schedule of Caoitallmorovements for proiects within the
Golden Gate Area shall be coordinated with the Fire Districts. public and private utilities.
Emeraency Medical Services Department and the Collier County Sheriff Department to ensure that
public oroiect desians are consistent with the needs of these aaencies,
Policv 7.2.2: [new text, after page 10]
The Golden Gate Fire District. Emeraency Medical Services Department and the Collier County
Sheriff Department shall receive copies of ore-construction plans for capital improvement proiects
in the Golden Gate Area and shall be invited to review and comment on plans for the public
proiects.
Obiective 7.3: [new text, after page 10]
While the County Transportation Department is in the orocess of developina strateaies for the
enhancement of roadway interconnection within Golden Gate City and the Estates Area. interim
measures to assure interconnection shall be developed.
Pollcv 7.3.1: [new text, after page 10]
By 2005. the Collier County Emeraency Manaaement Department. the Collier County
Transportation Division. Golden Gate Area Fire District. and other appropriate Federal. State or
-- local aaencies shall beain establishina one or more of the followina routes for emergency
evacuation purposes:
15 Words with single underline are added; words with single strike thf8l:lgR are deleted - as recornrne~Qa'dtem No. 88
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112of250
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a. An 1-75 Interchanae at Everalades Boulevard.
b, Improved emeraencv access from Everalades Boulevard to
1-75.
c. Maintenance of a road connection alona Everalades
Boulevard from Immokalee Road to U.S. 41,
d. Construction of a north-south bridae on 23rd Street. SW.
between White Boulevard and Golden Gate Boulevard.
Policv 7.3.2: [new text, after page 10]
All new residential structures shall complv with NFPA (National Fire Protection Association,
Incorporated) 299 Standard for Protection of Life and PropertY from Wildfire, 1997 Edition as
adopted bv reference in the Florida Fire Code or the most recent edition,
Policv 7.3.3: [new text, after page 10]
Modified portions of existina structures shall meet NFPA Standards throuah the adoption of
appropriate reaulations in the County buildina Codes.
Paliev o.3A: [new text, after page 10]
BegiRRiFt~ iFt 2998, ViaeaRt J3f.€IJ3efti13s sRellBs meiFtteine8 iR ee€ler€laA€le witR eeeElptasle firo
J3revElAtieR J3ractieo8, S\:;I€lR maiFltsAaAG8 ~Rall iAeltol80 tho remevQI €If Ri~hly flammaBle BI3€lei88 ef
vegetati€lFl €;[,I€lR ati Melele\:;loa ens tRe res\:;Isti€lR €If the sORsity €If ethor vegetative f!,JoIEl. .'\R
iRcentivo system t8 faeilitato tl:lo ramellal af Ri€lh risl{ vegotation gRail bo 8 Eltabliched.
.Eolicv 7.3.4i,;, [new text, after page 10]
Beainnina in 2005. County-owned property within Golden Gate Estates shall be subiect to an
active, on-aoina manaaement plan to reduce the Ceunty liability fer damaae caused bv wildfires
oriainatina from County-owned properties.
(2) Golden Gate Urban Commercial In.fill Subdistrict, title & paragraph f) [deleted text,
page 16, 17]
f) Any project loc3ted within the in fill area at the north'....e!>! corner of Golden Gate Parkway
and S::mta Barbara Boulevar{j, leGS and except an casement for Santa Barbara Boulevard
right of way, shall bo subject to the follov:ing additional development restrictions
1. The site shall be limited to thirty five thousand (35,000) sqU::1ro feet of building ::1rea.
2. Land uses shall be restricted to offices only.
3. ,^,II princip::11 structures ch::111 be required to have ::1 minimum setbaok of one hundred
(100) feet from the project's northern boundary,
4. The northern seventy five (75) feet of the western sixty (60) percent of the site shall
be a green area (open spaoe area). It 5h::111 be utilized for only water management
f::1oilities, landscape buffers, ::1nd similar uses.
16 Words with single underline are added; words with single slrike tArellgn are deleted - as recomme~Qiili'titem No. 8B
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113 of 250
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5. Tho 'I/oetorn sixty (60) porcont of tho sito shall havo an outdoor podostri:ln friondly
patio area(c), that total at lea~t five hundred (500) cquaro feet in aroa and
incorporate a minimum of: benches or seating areas for at le;J,st twelve (12) persons,
and voget;J,tivo sh:lding, and a waterf:111 or '....3ter fe3ture of 3t le3st one hundred
(100) square fcet in 3re3, :md brick paven;.
6, A twenty five (25) foot ,..:ide bndsc3ped strip sh;J,1I be pro'tided along the entire
front:lge of both Golden Gate P3rkw3Y and S::mta Barbara Boulevard.
7, ^ minimum buffer of thirty fivo (a6) foet in 'Nidth chall bo provided 310ng the project's
western bound3ry and along tho eastern forty (40) percent of the project'c northern
bound3ry, ^ minimum buffer of fifty (50) feot in '.vidth shall be pro'/ided along the
western sixty (60) percent of the projoct's northern boundary. Where fe3:::ible,
exicting native '/eget::l:tion chall be retained within thece bufferc along tho project'~
western and northern boundariec. These buffers ohall be supplemented with Oak or
Mahog3ny trees plantod a maximum of twenty (20) feot ap::l:rt in a st3ggered
m::mnor; :md 3 sevon (7) foot 1//311, fonce, or hedge th3t will, within 1'.\'0 (2) ye3ro of
~~t of seven (7) feet aAd be a mintmum-Qf.-fliflety-
five (95) peroent opaque,
8. All buildings Ch311 h3.ve tile or met31 roofs, or decor3.tivo p3r3pet '....3110 above tho roof
lino, :md buildings sh3.11 bo finiehod in light subduod colors oxcopt for docor3.tive
tfim.:
.~.--- 9. Building heights shall bo limited to one (1) story 3nd 3 m:lXimum of thirty fivo (d5)
feet..,
10. /\11 lighting bcilities shall be architoctur311y designed, and limited to 3. height of
twenty five (25) feet. Such lighting f30ilities sh3.11 be shielded from neighboring
rosidenti:lll3.nd uses.
8. All buildings sh3.11 h::wo tile or met3.1 roofs, or decorative parapet walle abovo the roof
line, and buildings shall bo finished in light eubdued colors except for docor3ti'/e
tfim.:
9. Building heights shall be limited to one (1) story and a maximum of thirty five (35)
feet.:
10. All lighting f:lcilitios shall bo architocturally dosigned, :lnd limited to a height of
twenty five (25) foot. Such lighting facilities shall be shiolded from neighboring
residential bnd usos.
11, Thoro sh:lll bo no ingross or ogres!; on S3nta Barbara Boulevard.
4) Interchanae Interstate Activity Center Subdistrict [revised text, page 18]
On the fringes of the Golden Gate Area Master Plan boundaries, there are several parcels that are
located within tRe- Interstatechanae Activity Center!1Q. at 1-75 and Pine Ridge Road as detailed in
the County-wide Future Land Use Element (FLUE). Parcels within this Activity Center are subject
.- to the County-Wide FLUE and not this Master Plan.
17 Words with single underline are added; words with single strike lhrellga are deleted - as recomme~Qi\'litem No. 88
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114 of 250
. .~,,--~ ~<....
See Map 6 for a detailed map of this Activity Center~ Boundary
5) Pine Ridge Road Mixed Use Subdistrict [revised text, page 18]
Adjacent to tRe Interchange Activity Center #10 on the west side of 1-75 and on the north side of
Pine Ridge Road is a property comprising 16,23 acres located to the west of the Naples Gateway
PUD, which is designated as the Pine Ridge Road Mixed Use Subdistrict and consists of Tracts 1,
12, 13, and 28 of Golden Gate Estates, Unit 35, as recorded in Plat Book 7, Page 85, of the Public
Records of Collier County, The intent of the Pine Ridge Road Mixed Use Subdistrict is to provide
for a mix of both retail and office uses to provide for shopping, and personal services for the
surrounding residential areas within a convenient travel distance, and to provide commercial
services in an acceptable manner along a collector roadway, Livingston Road. Well-planned
access points will be used to improve current and future traffic flows in the area. Within this
Subdistrict no more than 35,000 square feet of office related uses on :t 3.2 acres are permitted
within the eastern portion of this property which includes a portion of Tract 28 and a portion of
Tract 13. A maximum of 80,000 square feet of gross leasable retail or office area, as allowed in the
Commercial Intermediate District (C-3) of the Collier County Land Development Code as of the
effective date of the adoption of this Subdistrict [Ordinance No. 03-01, adopted January 16, 2003],
are permitted within the western 10.52 acres of this property. The C-3 uses are not an entitlement.
Such uses will be further evaluated at the time of rezoning approval to insure appropriateness in
relationship to surrounding properties.
Building heights shall be limited to 35 feet. A rezone to such permitted principal uses shall be
encouraged to be submitted as a Planned Unit Development for the western 10.52 acres of the
subject property, with special attention to be provided for shared access, Water management.;,
uniform landscaping, signage, screening and buffering will be provided at the time of rezoning to
ensure compatibility with nearby residential areas, and subject to the following additional criteria:
. There shall be no access onto Livingston Woods Lane.
. There shall be a minimum setback area along the north property line of 75 feet.
. Driveway access, parking and water management facilities may be allowed within the
75' setback area along the north property line but none of these uses shall be located
closer than 30 feet to the north property line.
. No freestanding automobile parking lots, homeless shelters or soup kitchens shall be
permitted,
. The eastern 2.59 acres, more or less, of Tract 28 shall be preserved as wetlands and
no development may occur within this area.
. Within the western 10.52 acres, a loop road /easement will be constructed through the
property to provide access from Pine Ridge Road to Livingston Road and to reduce
traffic at the intersection.
See Map 6 for a detailed map of this Subdistrict.
5t.ID Santa Barbara Commercial Subdistrict [revised text, page 20]
The intent of this Subdistrict (Map 7) is to provide Golden Gate City with additional opportunities for
small-scale commercial development. Such development is intended to serve the surrounding
neighborhoods and persons traveling nearby. This Subdistrict is intended to: contain low intensity
uses which generate/attract relatively low traffic volumes; be appropriately landscaped and
1 B Words with single underline are added; words with single sli"ib., lJ:lrsllgA are deleted - as recomrne~diarltem No. 8B
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.~,- buffered to protect nearby residential areas; be architecturally designed so as to be compatible
with nearby residential areas; and, limit access to promote public safety and lessen interruptions to
traffic flow on Santa Barbara Boulevard. Aggregation of lots is strongly encouraged so as to allow
greater flexibility in site design and ease in compliance with parking requirements and other
development standards. The types of uses permitted are low intensity retail, offices, personal
services, and institutional uses, such as churches and day care centers.
The boundaries of the Subdistrict are hereby excanded to include the former Commercial
Subdistrict and also to extend acoroximately w:e taleshs one (1) block to the east of the former
boundary (see Mac 7). The intent of the Santa Barbara Commercial Subdistrict is to orovide
Golden Gate City with an area that is orimarily commercial. with an allowance for certain
conditional uses. The tyoes of uses cermitted within this Subdistrict are low intensity retail. offices,
personal services, and institutional uses. such as churches and day care centers. Such
develocment is intended to serve the needs of residents within the Subdistrict and surroundina
neiahborhoods and cersons travelina nearby.
Commercial and institutional uses cermitted within this Subdistrict are those that:
. Generate/attract relatively low traffic volumes:
. Are aocrocriately landscaoed and buffered to protect nearby residential orooerties:
. Are architecturally desianed to be comoatible with nearby residential areas:
. Limit access and traffic flow to or from Santa Barbara Boulevard: and
. For public safety purposes, restrict commercial traffic on local streets to daylight hours.
This Subdistrict is intended to cromote commercial and institutional development opoortunities.
Therefore. in order to reduce the ootential conflicts that may result from residential. commercial
-- and institutional uses in close proximity: existina residential uses shall cease to exist no later than
seven (7) years after the effective date of the adootion of the revised Subdistrict boundaries, This
does not reauire the removal of the residential structures if they can be. and are. converted to uses
permitted in this Subdistrict. within one additional Year. The requirement to cease existina
residential uses does not apply to owner-occupied dwelling units.
Within ono year of tho effective date-<H--tAe-aOOJ:*H>n of this SubffistAGt,tAe-baAd--Qevetof)ment
Code shall be amended to provide specific uses and development standards to implement this
Subdistrict. These shall include:
1, Landscaping and bufforing roquiromonts.
2. Arohiteotural docign ctandardo.
3, Roquiromont to coaso residontial uses.
4. Prohibition of automobile servico st::l-tiom: and similar repair f3cilitim:, This doee not
preclude con\'cmionco m:lrts with g:lsolino pumps.
5. Enoouragement of chared parking with adjaoent projeotc, wherever poecible.
G. r\ minimum projoct aroa requiremont of 1 :lcre.
7, Encol:lragoment of shared access,
8. Encouragemont of pedestrian traffic by requiring cidev.lalks :lnd requiring adj:lcent projects
to ooordina10 looation of cidewalks,
9. Building height limitation of tv:o storiee maximum, not to exceed 35 feet.
1 Q. Sign age Restrictions,
11. Varianco provision applicable to the above items, except Number "-1",
_.
19 Words with single underline are added; words with single Slrilcl! thrsllgll are deleted - as recomme~~lil:'titem No, 88
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Within one year of the effective date of the adoption of the revised Subdistrict boundaries. the Land
Development Code shall be amended to provide specific uses and development standards to
implement the revised Subdistrict, These shall include. but not necessarily be limited to:
1, Landscapina and bufferina reauirements.
2. Water manaaement provisions.
3, Architectural desian standards.
4. Prohibition of automobile service stations and similar repair facilities. This does not
preclude convenience marts with aasoline pumps.
5, Encouraaement of shared parkina and access with adiacent proiects. wherever possible.
6, Provisions allowina local street vacation or relocation. if alternate access is provided.
7. A minimum proiect size of one acre.
8. Encouraaement of submittal of proposed development in the form of a PUD Zonina District.
g, Provisions for sidewalks and coordination of sidewalk location between adiacent properties.
10. Sianaae restrictions.
11. Buildina heiaht limitation of two stories. not to exceed a maximum of 35 feet.
12. Variance provisions applicable to the above items. except items 4. 6. g. 10 and 11.
8) Downtown Center Commercial Subdistrict [new text, page 23]
The tvoes of uses permitted within the Downtown Center Subdistrict (see Map 10) are low intensity
retail. offices. personal services. and institutional uses. such as churches and day care centers.
Such development is intended to serve the needs of residents within the Subdistrict and
surroundina neiahborhoods and persons travelina nearby. Therefore. in order to reduce the
potential conflicts that may result from residential. commercial and institutional uses in close
proximity. existina residential units located alona Golden Gate Parkway shall cease to exist no
later than seven (7) years after the effective date of the adoption of this Subdistrict. The
reaulations for this Subdistrict do not reauire removal of residential units that are not located alona
Golden Gate Parkway. Nor do the reaulations for this Subdistrict reauire the removal of any
residential structures if they can be. and are. converted to uses permitted in this Subdistrict. within
one additional year, The reauirement to cease existina residential uses alona Golden Gate
Parkway does not apply to owner-occuoied dwellina units,
In addition to the above. the purpose of the Downtown Commercial Subdistrict is to encouraae the
creation of a pedestrian-oriented activity area alona Golden Gate Parkway without unduly
impedina the flow of automobile traffic alona the Parkway. The provisions of the Subdistrict are
intended to ensure the construction of commercial buildinas that are compatible with each other.
and the adiacent residential areas. while also relatina to the pedestrian. All new construction or
redevelopment within the boundaries of the Downtown Commercial Subdistrict shall be consistent
with the followina provisions:
A. The Downtown Commercial Subdistrict is intended to provide for a mix of uses. includina
liaht commercial. office. cultural. residential and institutional. The permitted uses in this
Subdistrict shall be mixed. with emphasis on multiple uses within the same structure, The
dwellina units within this Subdistrict are intended for employees who work within Golden
Gate City or Golden Gate Estates. retirees and seasonal residents. The primary function of
this Subdistrict is to encouraae the redevelopment of Golden Gate Parkway. improve the
aesthetics and physical appearance of the area. and establish a prosperous downtown for
Golden Gate City and Golden Gate Estates. Development and redevelopment themes for
the Subdistrict shall include:
20 Words with single underline are added; words with single sa-itle Utrsllga are deleted - as recomrne~Qii\rltem No. 88
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117 of 250
.-
a) Provisions for. and encouraaement of. bicycle and pedestrian travel.
b) An emphasis on buildina aesthetics and appearance,
c) Encouraaement of mixed uses. includina residential. in a sinale structure.
d) Emphasis on an orderly circulation pattern for automobile. bicycle and pedestrian
traffic.
e) A relation of uses to a walkable scale.
f) Provision of comfortable sidewalks or pathways.
g) Enhanced streetscapina in the riahts-of-way and medians.
h) Encouraaement of common parkina areas for multiple properties. as opposed to
individual parkina lots for each buildina.
i) Encouraaement of quality desians includina building facades. street liahtina,
harmonious sianaae and landscapina.
B. The uses permitted within this Subdistrict shall be similar to those uses permitted within the C-
1. C-2 and C-3 Zonina Districts. as outlined in the Collier County Land Development Code, All
uses that are conditional uses in these zonina districts shall be conditional uses in this
Subdistrict. Outdoor dinina not directly abuttina the Golden Gate Parkway right-of-way shall
also reauire conditional use approval. Uses that are not listed as permitted or conditional uses
within the C-1. C-2. and C-3 Zonina Districts shall be prohibited. The followina uses are also
prohibited:
1. Automatic food and drink vendina machines located exterior to a buildina.
2. More than two (2) newspaper or advertisina circular vendina machines per
block.
3. Any commercial use employina drive-up. drive-in or drive-throuah delivery
.-
of aoods or services.
4, Manufacturina, storaae or distribution facilities as a primary use. However.
these uses are permitted if secondary to an artist's or craft studio.
5, Enamelina. paintina or platina as a primary use, However. these uses are
permitted if secondary to an artist's or craft studio.
6, Carlina, movina or haulina businesses as a orincioal use, These activities
mav be oermitted for the oUrPose of suoolvina other businesses within the
Subdistrict.
7, Sinale-room occuoancv hotels. orisons. detention facilities. halfwav
houses. souo kitchens or homeless shelters.
8. Businesses that manufacture. store. or use hazardous materials as a
Primarv use. includina businesses that store or disoose of hazardous
wastes.
9. Scrao or salvaae vards.
10. Mobile homes. Recreational Vehicles, and mobile home or Recreational
Vehicles sales or service,
11. Kennels. exceot as ancillarv to a veterinary oractice or Sheriff's substation.
12. Anv use which is incomoatible with the intended oUrPose of this
Subdistrict.
C. First floors shall be for retail use only. Second floors may be used for retail. office, or
residential use. except that restaurants and cocktaillounaes are not permitted on second
floors, Third floors shall be limited to residential use.
D, Commercial and residential uses are reauired to a minimum depth of 30 feet from the
-.-" frontaae line of all floors, The remainina depth may be used for parkina, If the existina lot
21 Words with single underline are added; words with single strike tlu'Ollgn are deleted - as recomme~da'fltem No. 88
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(adiacent to Golden Gate Parkway) is adiacent to a rear alleyway. the oarkina area shall be
across the alley from the structure it serves. Parkina exposure on the frontaae line shall be
limited to an openina not wider than 25 feet.
E. Outdoor restaurant seatina shall be oermitted to encroach uoon the public sidewalks
adiacent to the orivate orooerty. orovided that a minimum clear pedestrian passaae of 5
feet is left between the seatina area and the streetward edae of the sidewalk,
F. Newspaper and circular machines in excess of the two oer block limit. as described in
oaraaraoh A.2.-above shall be relocated or removed. in conformance with County
standards. within 30 days from the date of adootion of this Subdistrict.
G. There shall be a minimum of three (3) oublic oarkina areas for every 1.000 sauare feet of
commercial soace and 1- Vz oarkina soaces for every residential unit. Parkina soace
reauirements shall be calculated on the basis of the net buildina area. There shall be no
parkina reauirement for outdoor restaurant areas. Wherever oossible. adioinina orooerty
owners shall share parkina areas between their properties. All oarkina areas shall provide
adeauate liahtina. consistent with Policy 4.1.2 of this Element.
8) Collier Boulevard Commercial Subdistrict [new text, after page 23]
The Collier Boulevard Commercial Subdistrict (see Mao 9) includes both C-3 and C-4 Zonina
Districts. The purpose of the Subdistrict is to provide incentives for the expansion of such zonina
into immediately adiacent oortions of Golden Gate City, The orovisions of this Subdistrict are
intended to allow. but not reauire. cessation of residential uses in favor of C-3 or C-4 commercial
uses. dependina uoon the existina adiacent commercial use. Within this Subdistrict. buildinas may
utilize a second stOry. limited to 35 feet in heiaht. with parkina areas under the buildina.
The uses permitted within this Subdistrict will be in accordance with the Standard Industrial
Classification Codes for the C-3 and C-4 Zonina Districts (deoendina upon existina zonina as of
the date of adootion of this Subdistrict) as identified in the Collier County Land Develooment Code.
However. any such uses are reauired to provide suitable landscaoina. control inaress and earess.
and ensure comoatibility with abuttina residential zonina districts. This Subdistrict shall allow local
street vacation or relocation if alternate access is provided, For public safety purooses.
commercial traffic on local streets within or adiacent to the Subdistrict is limited to dayliaht hours.
a. Estates-Mixed Use District
1) Residential Estates Subdistrict [revised text, page 25]
Single-family residential development may be allowed within the Estates:Mixed Use SOODsistrict at
a maximum density of one unit per 2 1,4 gross acres unless the lot is considered a legal non-
conforming lot of record,
2) Neighborhood Centers Subdistrict, Part c [revised text, page 26]
b) Criteria for land uses at the centers are as follows:
. Commercial uses shall be limited to intermediate commercial so as to provide for a
wider variety of goods and services in areas that have a higher degree of automobile
traffic. These uses shall be similar to C-1, C-2, or C-3, Zoning Districts outlined in the
22 Words with single underline are added; words with single slf'iki! tArellgft are deleted - as recomme~tia'rltem No. 88
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119 of 250
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Collier County Land Development Code (Ordinance 91-102, adopted October 30,
1991) ,
. The Neighborhood Center located at the intersection otPine Ridge Road and Collier
Boulevard CR 951 may be developed at 100% commercial and must provide internal
circulation. Any rezoning is encouraged to be in the form of a PUD. This Neighborhood
Center may also be utilized for single-family residential or conditional uses allowed in
the Estates zoning district such as churches, social or fraternal organizations, childcare
centers, schools, and group care facilities.
.. Parcels immediately adjacent to commercial zoning within the Neighborhood Centers
located at the intersections of Golden Gate Boulevard and Wilson Boulevard, Golden
Gate Boulevard and Everglades Boulevard, Everglades Boulevard and Immokalee
Road may qualify for Conditional Use under the transitional use provision of the
Conditional Use Subdistrict of this Master Plan Element.
. A single project shall utilize no more than 50 % of the total allowed commercial acreage.
The percentage may be increased at the discretion of the Board of County
Commissioners,
. The project shall make provisions for shared parking arrangements with adjoining
developments,
. Access points shall be limited to one per 180 feet commencing from the right-of-way of
the major intersecting streets of the Neighborhood Center. A maximum of three curb
cuts per quadrant shall be allowed.
. Driveways and curb cuts shall be consolidated with adjoining developments, whenever
possible.
. Driveways accessing parcels on opposite sides of the roadway shall be in direct
- alignment, except when the roadway median between the two parcels has no opening.
. Projocts diroctly abutting Ect::rtoc zonod proporty shall provido, at :1 minimum, a 75 foot
buffor of rotainod nativo vegetation in which no parking or ",:ater management uses are
permitted; except th::rt for valid, approved conditional uces, no such buffer if:; required.
. Projects shall provide a 25-foot wide landscape buffer abutting the external right of way,
This buffer shall contain two staggered rows of trees that shall be spaced no more than
30 feet on center, and a double row hedge at least 24 inches in height at time of
planting and attaining a minimum of three feet height within one year. A minimum of
50% of the 25-foot wide buffer area shall be comprised of a meandering bed of shrubs
and ground covers other than grass. Existing native trees must be retained within this
25-foot wide buffer area to aid in achieving this buffer requirement; other existing native
vegetation shall be retained, where possible, to aid in achieving this buffer requirement.
Water retention/detention areas shall be allowed in this buffer area if left in natural state,
and drainage conveyance through the buffer area shall be allowed if necessary to reach
an external outfall,
. For Tract 114, Golden Gate Estates, Unit 26, access shall be restricted to 11th Avenue
S,W. Also, vehicular interconnection shall be provided to the adjacent property(s) in the
Pine Ridge Road/Collier Boulevard Neighborhood Center,
. All buildinas shall have tile roofs. 'Old Style Florida' metal roofs or decorative caracet
walls above the roofline. The buildinas shall be finished in liaht. subdued colors. excect
for decorative trim.
. Buildina heiahts shall be limited to one (1) stOry. with a maximum heiaht of thirty-five
(35) feet. This orevision onlv aoolies east of Collier Boulevard.
. Allliahtina facilities shall be architecturallv-desianed. and shall be limited to a heiaht of
twenty-five (25) feet. Such liahtina facilities shall be shielded from neiahborina
- residential land uses,
23 Words with single underline are added; words with single slCilci! tRFeHgR are deleted - as recomme~da'dtem No. 8B
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120 of 250
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"'~"-'"
. Commercial uses shall encouraae pedestrian traffic throuah placement of sidewalks.
pedestrian walkways. and marked crosswalks within parkina areas. Adjacent projects
shall coordinate placement of sidewalks so that a continuous pathway throuah the
Commercial Subdistrict is created.
. All buildinas and proiects within any sinale specific auadrant of the Subdistrict shall
utilize a common architectural theme, This theme shall be apolicable to both buildina
desian and sianage,
. No buildina footprint shall exceed 5.000 sauare feet. unless the croiect is submitted in
the form of a PUD. Walkways or courtyards shall connect adjacent buildinas, This
orovision onlv aoolies east of Collier Boulevard.
. Drive-throuah establishments shall be limited to banks. with no more than 3 lanes: the
drive-throuah areas shall be architecturally intearated with the rest of the buildina. This
orovision onlv aoolies east of Collier Boulevard.
. Fences or walls may be constructed on the commercial side of the reauired landscape
buffer between adiacent commercial and residential uses. If constructed, such fences
or walls shall not exceed five (5) feet in heiaht. Walls shall be constructed of brick or
stone. Fences shall be of wood or concrete post or rail types, and shall be of open
desian (not covered by slats. boards or wire).
. Proiects directlv abuttina residential property shall provide. at a minimum. a seventy-five
(75) foot wide buffer in which no parkina uses are permitted. Twenty-five (25) feet of
the width of the buffer alona the developed area shall be a landscape buffer. A
minimum of fiftv- (50) feet of the buffer width shall consist of retained native veaetation
and must be consistent with subsection 3.9.5.5,6 of the Collier County Land
Development Code (LDC). The native veaetation retention area may consist of a
perimeter berm and be used for water manaaement detention. Any newly constructed
berm shall be reveaetated to meet subsection 3,9.5.5.6. of the LDC (native veaetation
replantina reauirements). Additionally. in order to be considered for approval. use of the
native veaetation retention area for water manaaement purposes shall meet the
followina criteria:
a, There shall be no adverse impacts to the native veaetation beina retained. The
additional water directed to this area shall not increase the annual hvdroperiod
unless it is proven that such would bo-bonofieial have no adverse imoact to the
existina veaetation.
b, If the oroiect reauires oermittina bv the South Florida Water Manaaement District.
tb..e. proiect shall provide a letter or official document from the ~@ldtR FI@riea W3tBr
Mana€lsmont District indicatina that the native veaetation within the retention area
will not have to be removed to complv with water manaaement reauirements, If the
District cannot or will not supply such a letter. then the native veaetation retention
area shall not be used for water manaaement.
c, If the proiect is reviewed by Collier County. the County enaineer shall provide
evidence that no removal of native veaetation is necessary to facilitate the
necessary storaae of water in the water manaaement area.
. Projects within the Neighborhood Center Designation that are submitted as PUDs shall
provide a functional public open-space component. Such public open-space shall be
developed as green space within a pedestrian-accessible courtyard, as per Section
2.4.5.4 of the Collier County Land Development Code, as in effect at the time of P.U.D.
approval.
. The following principal permitted uses are prohibited within Neighborhood Centers:
Drinking Places (5813) and Liquor Stores (5921)
Mail Order Houses (5961)
24 Words with single underline are added; words with single strike tnrellgA are deleted - as recomme~Qa-rltem No. 88
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121 of 250
-- Merchandizing Machine Operators (5962)
Power Laundries (7211)
Crematories (7261) (Does not include non-crematory Funeral Parlors)
Radio, TV Representatives (7313) and Direct Mail Advertising Services (7331)
NEC Recreational Shooting Ranges, Waterslides, etc. (7999)
General Hospitals (8062), Psychiatric Hospitals (8063), and Specialty Hospitals (8069)
Elementary and Secondary Schools (8211). Colleges (8221), Junior Colleges (8222)
Libraries (8231)
Correctional Institutions (9223)
Waste Management (9511)
Homeless Shelters and Soup Kitchens.
1) ResideRtial EE>tates Swosistriet [re'JiS9S text, ~age 26]
GiA~le faFflily rGsi€lential €IG'/Glel3f-R€lAt FRay BEl allev:od withiA tho t:8t:ltOG Mixod Usa
Gl::lsDdistrigt Qt i3. FRi3.xiFRblFR elmmity ef eRe blAit par 2 1,~ gre88 (larGO unlGG8 thG lot is
oensieereel a IS€lal ReA s8AfermiA€llet sf rseerd.
4) Commercial Western Estates Infill Subdistrict [revised text, page 31]
a) Size and Location:
. The Subdistrict includes a 6,23-acre parcel, located at the southwest corner of
Vanderbilt Beach Road and Collier Boulevard (see Map ~ 19), The parcel is
identified as Tract 105, Unit 2, Golden Gate Estates.
---
5) Conditional Uses Subdistrict, Part b [revised text, page 31]
b) Golden Gate Parkway and Collier Boulevard Special Provisions:
Conditional uses shall only be permitted on Golden G:J.te P:J.rkw:J.Y. e:J.st of Livingeton RO:J.d :J.nd
'Nost of S:J.nta B:ub:J.r:J. Bou10v:J.rd, :J.nd on tho 'IIost sido of Collior Boulov:J.rd, north of Groon
Boulev:J.rd and south of Vanderbilt Beach Road Extension, if the cubiect parcel b directly bounded
by existing conditional usee on 1'....0 (2) or more side yarde, 'Nith no intorvening rights of way or
watorwaye, except for tho following:
Conditional uses (except essential services, as described in Paragraph a), above) shall not be
permitted:
. On those parcels immediately adjacent to the west side of CR 951 Collier
Boulevard within the Estates Designated Area unless the parcel is directly
bounded by conditional uses on two (2) or more side yards with no intervening
rights-of-ways or waterways;
. Recoanizina the existina residential nature of the land uses surroundina the
planned 1-75 interchanae at Golden Gate Parkwav. there shall be no further
conditional use or commercial zonina for properties abutting Golden Gate
Parkwav. between Livinaston Road and Santa Barbara Boulevard. Further. no
properties abuttina streets accessina Golden Gate Parkway within the above-
defined seament shall be classified for conditional or commercial uses, This
-
25 Words with single underline are added; words with single strike tflrsllgR are deleted - as recomme~Qatrltem No. 8B
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122 of 250
."',__,m .'-' -..,. --.-,
orovision shall not be construed to affect the area described in Paraaraoh 1 ,
below.
1 , Essential services, as provided in Paragraph a), above; and
12. In consideration of the improvements associated with the proposed interchange at Interstate
75 and Golden Gate Parkway, the existing conditional use (church and related facilities)
located at the southeast corner of Golden Gate Parkway and 66th Street, S.W, may be
expanded in acreage and intensity along the south side of Golden Gate Parkway bowloon
to the east of 66th Street, S.W, 3nQ...6.411t 8troffi,S.W" but the total project area shall not
exceed 8.21 a=1- acres (see Map 15). ,^,dditionally, the parcel proposed for expansion shall
not be subject to the requirement th3t it be directly bounded on ::It least two side Y::Irdc by
conditional uses.
2~. The parcel located immediately south of the Commercial Western Estates Infill Subdistrict,
on the west side of Collier Boulevard, and at the southwest quadrant of the intersection of
Vanderbilt Beach Road and Collier Boulevard, shall be eligible for a transitional conditional
use designation,
e) Special Exceptions to Conditional Use Locational Criteria: [revised text, page 31.3]
Temporary Use (TU) Permits for model homes are not subject to the locational criteria for
Conditional Uses and may be allowed anywhere within the Estates-Mixed Use District.
Temporary use (TU) permits for model homes, as defined in the Collier County Land Development
Code, may be allowed anywhere within the Estates-Mixed Use District. Conditional use permits
submitted for the purpose of extending the time period for use of the structure as a model home
shall not be subject to the locational criteria of the Conditional Uses Subdistrict, and may be
allowed anywhere within the Estates-Mixed Use District.
3. AGRICULTURAURURAL DESIGNATION - RURAL SETTLEMENT AREA DISTRICT
[revised title, page 34]
Rural Settlement Area District
CPSP-2003-11 (wildlife policies only)
FUTURE LAND USE ELEMENT
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
cepc Recommendation:
By vote of 7/0, the cepe recommended to the BCe to transmit petition CPSP-2003-11 (pertaining
to wildlife policies only) to the Florida Department of Community Affairs, per staff's
recommendation, Staff's recommendation is reflected in the transmittal Resolution Exhibit A for
petition epSP-2003-11 , and is shown below,
Speakers:
Five persons spoke in support of this petition as recommended by staff.
Petition CPSP.2003.11 language (pertaining to wildlife policies only):
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
26 Words with single underline are added; words with single strike tflreugh are deleted - as recomme~diitdtem No. 8B
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123 of 250
- Policy 7.1.2
Within areas of Collier County, excluding the lands contained in the RLSA Overlay, non-
agricultural development, excluding individual single family residences, shall be directed away
from listed species and their habitats by complying with the following guidelines and standards:
(1) No change.
(2) Wildlife habitat management plans for listed species shall be submitted for County
approval. A plan shall be required for all projects where the wildlife survey indicated listed
species are utilizing the site, or the site contains potonti::11 habit::rt for listed species is
cacable of supcortina wildlife and can be anticipated to be inhabited bv listed scecies,
These plans shall describe how the project directs incompatible land uses away from listed
species and their habitats,
(a) through 0) No change.
(3) The County shall, consistent with applicable GMP policies, consider and utilize
recommendations and letters of technical assistance from the Florida Fish and
Wildlife Conservation Commission and recommendations from the US Fish and
Wildlife Service in issuing development orders on property oontaiRiFllij li0toa spGoim:
that is ca[)able of su[)cortina wildlife and can be antici[)ated to be inhabited bv listed
soecies, It ic rocognized that theco agency rocommendatioos, on a ca~se
b~~, ~ay change the requirements contained ',vithin these wildlife proteotion policies
and :my suoh oh::mge shall be deemed consistent with the Grovrth Management Pl::in.
FUTURE LAND USE ELEMENT
Rural Lands Stewardship Area Overlay
Policy 5.5
1, and 2, No change
3. The County shall, consistent with applicable GMP policies, consider and utilize
recommendations and letters of technical assistance from the Florida Fish and Wildlife
Conservation Commission and recommendations from the US Fish and Wildlife Service in
issuing development orders on property GeRtaiRiR~ liGtee cpBoioc that is cacable of
~uooortina wildlife and can be anticioated to be occuoied bv listed soecies. It is recognized
hat these agenoy reoommendations, on a oase by oaoe bacic, may ohange the
requirements contained within theco wildlife protection policies ::md any such change shall
be deomod consistent '.vith tho Grow:th Managoment Plan.
CPSP-2003-11 (major portion of the petition -all but wildlife policies)
FUTURE LAND USE ELEMENT
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
CAPITAL IMPROVEMENT ELEMENT
TRANSPORTATION ELEMENT
GOLDEN GATE AREA MASTER PLAN
CCPC Recommendation:
By vote of 7/0, the cepc recommended to the BCC to transmit petition CPSP-2003-11 (major
portion of the petition - all but wildlife policies) to the Florida Department of Community Affairs, per
staff's recommendation. Staff presented several changes at the CCPC hearing and incorporated
an addition from Collier Public County Schools staff. Staff's recommendation is reflected in the
transmittal Resolution Exhibit A for petition CPSP-2003-11 , and is shown below.
Speakers:
_.
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"-~--~ --,
- _....
Four persons spoke, Their topics pertained to incidental clearing in the Rural Lands Stewardship
Area; oil and gas exploration and drilling; establishment of a Transfer of Development Rights bank
for the Rural Fringe Mixed Use District; and, public schools in the Rural Fringe Mixed Use District.
Petition CPSP-2003-11 language (major portion of the petition - all but wildlife policies):
OVERVIEW
A. and B. No change,
C. UNDERLYING CONCEPTS [pages 4-5]
The land use strategy established by this Element is based on a series of concepts, which
emerge from the foundations cited earlier. The policy direction and implementation
mechanisms closely relate to these underlying concepts.
Protection of Natural Resource Svstems
Collier County is situated in a unique, sensitive and intensely interactive physical environment.
Natural resources are abundant: a subtropical climate with annual wet and dry seasons;
enormous groundwater productivity; vast wetland areas; large ranges of habitat with diverse
and unique flora and fauna, including many species that are Federally and/or State listed,
warranting special protection; extensive and highly productive estuarine systems; and, many
miles of sandy beach. In addition to their habitat value, these natural resources perform
functions that are vital to the health, safety and welfare of the human population of the County,
and serve as a powerful magnet to attract and retain visitors and residents. Therefore,
protection and management of natural resources for long-term viability is essential to support
the human population, ensure a high quality of life, and facilitate economic development,
Important to this concept is management of natural resources on a system-wide basis.
The Future Land Use Element is designed to protect and manage natural resource systems in
several ways:
. Urban Designated Areas on the Future Land Use Map are located and configured to
guide concentrated population growth and intensive land development away from areas
of great sensitivity and toward areas more tolerant to development.
. Within the Urban Designated Areas this Element encourages Planned Unit
Development zoning and assigns maximum permissible residential density based on
the gross land area, Through site plan review procedures in the Land Development
Regulations (LDRs), development is guided t the portions of the property that fs are of
lesser environmental quality, thus, in effect, constituting an on-site transfer or clustering
of development rights.
. A broader "off-site" Transfer of Development Rights (TDR) provision and Stewardship
Credit System, set forth in this Element and primarily applicable to the Rural Fringe
Mixed Use District and Rural Land Stewardship Area is a key component of the
County's overall strategy to direct incompatible land and uses away from important
natural resources, including large connected wetland systems and listed species and
their habitat.
. An Area of Critical State Concern Overlay is included on the Future Land Use Map to
ensure implementation of all applicable Land Development Regulations in the
Okaloacoochee Slough, Big Cypress Swamp, Fakahatchee Strand and Ten Thousand
Islands areas.
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. The County has designated several interim Natural Resource Protection Area (NRPA)
overlays ~s perm~nent NRP As which within the Rural Frinae Mixed Use District. The
County has also desianated Flowway Stewardshio Areas (FSAs) and Habitat
Stewardshio Areas (HSAs) within the Rural Lands Stewardship Overlav, These areas
are intended to maintain the connection between and the preservation of, large
connected wetland systems and critical habitat areas for listed species by allowing very
limited land uses and through high native vegetation preservation standards and buffers
from adjacent land uses, These permanont NRPA overlay areas are primarily located
. within the Rural Fringe Mixed Use District and the Rural Lands Stewardshio Overlay
where these large connected wetlands systems and habitat areas occur.
. The County has desianated Water Retention Areas (WRAs) within the Rural Lands
Stewardshio Overlay for the further orotection of surface water aualitv and auantity and
protection of habitat for listed sDecies,
. The County's Land Development Regulations provide standards for protection of
groundwater, particularly in close vicinity to public water supply wells by implementing
policies set forth in the Natural Groundwater Aquifer Recharge Element.
. Natural resources are also protect through close spatial and temporal coordination of
land development with the availability of adequate infrastructure (public or private
facilities) to ensure optimized accommodation of human impacts, particularly in relation
to water supply, sewage treatment, and management of solid waste. This coordination
is accomplished through the provision of public facilities as detailed in the Capital
Improvements and Public Facility Elements and through the Level of service Standards
(LOS) found herein.
Of crucial importance to the relationship between natural resources and land use is the
._- completion and implementation of multi-objective watershed management plans as
described in the Drainage Element. Water is the greatest integrator of the physical
environment in that it links together dynamic ecological and human systems. Therefore, the
watershed management plan must take into account not only the need for drainage and
flood protection but also the need to maintain water table levels and an approximation of
natural discharge to estuaries, The watershed management plans will have implications for
both water management and land use practices.
Coordination of Land Use and Public Facilities through Protection of Private Property
Rights No change.
D. No change,
E. FUTURE LAND USE MAP [page 10]
The Future Land Use Map depicts the desired extent and geographical distribution of land
uses in the County. Mixed-use categories are used to generally describe the character of
allowed development. Within each of these categories, a range of uses is permitted based
upon specific standards as described in the Designation Description Section of this
Element. These educational, community, and public facilities,
The Future Land Use MaD series includes additional mao series:
North Belle Meade Overlay MaD
Future Land Use Map - Mixed Use Activity Centers and Interchange Activity Centers
Future Land Use Map - Properties Consistent by Policy (5.9, 5,10, 5.11)
Future Land Use Map - Natural Resources: Wetlands;
-
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-."-,".- 'H" _
Future land Use Map - Wellhead Protection Areas
Future land Use Map - Bayshore/Gateway Trianale Redevelopment Overlay Map
Future land Use Map - Stewardship Area Overlay;
Urban-Rural Frinae Transition Zone Overlay
Future land Use Map - Rural lands Study Area Natural Resource Index Maps
IMPLEMENTATION STRATEGY
GOALS, OBJECTIVES AND POLICIES
No change.
DESCRIPTION SECTION
I. URBAN DESIGNATION
A. Urban-Mixed Use District
No change.
1. through 14. No change
DENSITY RATING SYSTEM [pages 37-39]
a.1. through a.3. No change.
a.4. Residential in-fill.
(a) through (g) No change.
(h) Projects qualifying under this provision may increase the base density
administratively by a maximum of one dwelling unit per acre by transferring that
additional density from Sending Lands. Within one year, the County will adopt
LDRs to implement this "by righf' Rural to Urban tran::;fer process, subject to the
above criteria, excluding (c).
5. through 7. No change.
b. and c, No change.
d. Density Blending:
This provision is intended to encourage unified plans of development and to preserve
wetlands, wildlife habitat, and other natural features that exist within properties that straddle
the Urban Mixed Use and Rural Fringe Mixed Use Districts or that straddle Receivina and
Neutral Land within the Rural Frinae Mixed Use District. In the case of such properties,
which were in existence and under unified control (owned, or under contract to purchase,
by the applicant(s)) as of June 19, 2002, the allowable gross density for such properties in
aggregate may be distributed through the project regardless of whether or not the density
allowable for a portion of the project exceeds that which is otherwise permitted. . when the
followina conditions are met:
1. and 2. No change,
3. Density Blendina Conditions and Limitations for Properties Straddlina Receivina and
Neutral Lands within the Rural Frinae Mixed Use District:
(a) The proiect must straddle Receivina land and Neutral land in the Rural Frinae
Mixed Use District.
(b) The proiect in aaareaate must be a minimum of 80 acres in size,
(c) At least 25% of the proiect must be located in Receivina land. The proiect must
extend central water and sewer to serve the entire proiect. unless alternative interim
sewer and water provisions are authorized by the County.
(d) The proiect must be zoned PUD,
(e) It must be demonstrated that development on the site is to be located so as to
preserve and protect the hiahest auality native veaetation and/or habitat on-site and
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to maximize the connectivity of such native veaetation and/or wildlife habitat with
adiacent preservation and/or habitat areas.
(f) The proiect shall complv with the native veaetation reauirements applicable to
Neutral Lands. as set forth in the CCME.
(a) Permitted uses for density blendina under this provision shall include residential
development and associated amenities. includina aolf courses meetina the criteria
for oolf courses within the Neutral Area. This provision is not intended to eliminate
any uses permitted within the acclicable underlvina land use desianation.
B. through C. No change
II. AGRICUL TURAURURAL DESIGNATION [pages 52-55
The Governor and Cabinet sitting as the Administration Commission, on June 22, 1999, issued the
Final Order (:\C 99 002) pureuant to Seotion 163,3181 (1 O)(b), Florida Statutee, in Oivieion of
:\dministrative Hearinge C:1se No, 98 0321GM. Pursuant to the Order, Collier County ie required
to prepare a Rural and :\gricultural ^scesement (Assessment). This Assessment may be phased,
+Fie-GoogmphiG-Scope of the Assessment Area ehall-be-as-rollGws;
Inoludes: All land deeignated .^,grioultural/Rural, exoept :10 noted below;
Big Cypress Area of Critical State Concern (:'\,CSC), except as noted below;
Conservation lands outside the Urban Boundary, except as noted below; and,
South Goldon Gato Estatos.
Exoludeo: All Urb::m deoignated areas;
Northern Golden Gate Estates;
The Settlement District.
Tho Assossmont h31S: beon comploted :md tho Intorim Dovolopmont Provisions aro no longer
applioable, for thece areao:
The :\gricultur:1I/Rural area encompassed by tho Rural Lande Ste'Nardship Area
Overl:l:)', which includes a pertion of the Big Cypress Area of Critical State Concern;
The Conservation designated 13nds within the Eastern (Rur31) Lande Study Area,
known 00 the Ok310noooohee Slough 8t3te Fereet whioh includeD a portion of the Big
Cypress :'rea of Critical St3te Concern, and the Corkccre'.... M3rsh CREW Trust L:1nds;
aM
The Conservation decignated I:mds eutside of both tho E3stern (Rur:ll) L:mds Study
Area :1nd tho Rural Fringe Study Area, whioh inoludeo the Iargeot portion of the Big
Cypress Area of Critio::ll State Conoern,
The Rur:11 Fringe Mixod Uso District,
Other priv3tely o'.vned lands generally located north of Evergl3dee City; 3nd,
North Belle Me::ld, Bolle Meado, :1nd CREW NRPAs.
Tho Assessment, or any phase thereof, sh::lll be 3 colbbor3ti\'e, community based effort with full
::md broad b::lsed public partioipation ::lnd assistance from 3pplicablo Stato and Regional agencies.
At :1 minimum, the Assocsment must idontify tho means to accomplich the following:
1, Idontify and propose measures to proteot prime agricultur:11 areao, Suoh measures should
prevent the promaturo conversion of :lgricultural bnds to othor uses.
2. Direct incompatible usce aw':J!f from 'Netbnds :1nd upland habit:1t in order to protect \Vater
qU3lity and quantity 3nd maintain the natural '.\':ltor regimo as well alS: to protect listed animal
~cieo and their habit:1ts.
3, ",scese the grO'.vth potential of tho Are3 by accessing the potential conversion of rural lands to
etRef-1)cec, in appropriate locations, '....hile diccour:1ging urban sprawl, directing incemp3tible
land uses away from critical habitat and oncouraging developmont that utilizos cre3-tivo land
,-.
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usa pl::mning tochniques including, but not Iimitod to, public :md priv3to schools, urb3n vill3ges,
new townc, c3tellite oemmunitiea, area baced allooationc, oluctering 3nd open space provicions
3nd mixed use development. The Assessment, or 3ny ph3se thereof, ch311 recognize the
subst3ntial advantages of innovative appr03ches to development which may better serve to
protect environment311y sensitive 3re3S, m3int3in the economic viability of agricultural and other
f*-odomin3ntly rurall3nda, 3nd pro'/ide for the ooct efficient delivery of public facilitiea and
services,
Interim Development Provisions of Agricultural Assessment Area
Amendmenta baced on the !'.ccecement ch311 be completed by June 22, 2002, for the Rur31
Fringe l\re::l, and by November 1, 2002, for the balance of the .^,csessment Area.
Residontial and other uses in the /\roa for which comploted applications for developmont
approval, rezoning, conditional use, subdivision approval, site plan approval, or pl::rts were
filed .....ith or approved by Collier County prior to June 22, 1990, shall be proceeced and
considered under the Comprehensive Plan as it existed on June 22, 1999. If the County
olects to address a specific geogr3phio portion of the :\roa as a phase of the I\csoccmont,
the interim land uce controls shall be lifted from the specific geographic area upon
sompletion of the af)l3licable phase of tRe-Assessment 3nG-#le implemeoong
Comprehenci'/e Plan amendments for that phace beoome effeotive. Until the Ascessment
is complete and comprehensive plan amendments to implement the AsseGsment, or any
phase thereof, arc in effect the only land uses and development allowable in the area shall
bo thoso sot forth in tho Agricultural/Rural Mixod Use District ::md the Land Development
Code (Seotion 2.2,2) in effeot on June 22, 1999, for the Agricultural/Rural Diatriot, exoept
the following uses are prohibited and shall not be allO'c\'ed: Anv aoolication for conditional
use filed orior to July 22.2003. relatina to that land subiect to an Aareed Order Abatina
Case dated Aoril 8. 2003. which aoolication also includes orooerties under common or
related ownershic with and ocerated and maintained by the same or related ocerator of
such land. shall be crocessed and considered cursuant to the Interim Develooment
Provisions that were in effect from March 7. 2001. until July 22. 2003.
1. Ne'.... golf coumea or dri'ling ranges.
2. Extension or new provision of central ",:ater and sewer service into the .^-rea.
3. New pack::lge wastm...::lter treatment pl3nts.
1. Residential de'Jelop except farmworker housing or housing directly related to support
farming operationc, or staff houcing (12 du/ao) and other uses direotly related to the
management of publicly owned land, or one single family dwelling unit per lot or parcel
created prior to June 22, 1999.
5. Commeroi:11 or industrial development except gas and telephone faoilities, electric
tr::lncmicsion and distribution facilitiec emergency power structures, fire a~RS;-
emergenoy medioal stations,
6. Transient residonti:11 such as hotels, motels, and bed ::lnd breakfast facilities.
7. Zoo, aqu::lrium, botanical garden, or other similar areas.
8, Public and private cchools,
9. Collection and transfer aites for resouroe recovery.
1 O. L::mdfills,
11, Social and fraternal organizations.
12. Group C3ro facilitios.
13. Sports instruotional schools and oamps,
11. Asphalt and conorete batch making plants.
15. Recre::rtional Vehicle Parks,
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- Thesa intorim devalopmont ctandards sh::lIl not ::l.ffoct or limit tho continuation of oxisting uses.
Exicting uooc oh::l.1I o.lco inoludo thoce ucec for whioh ::l.1I required pormitc have boen iccued, or
ucel:: for which oompleted applioations have been received by the County prior to June 22,
1999, The continu3tion of existing uses sh::l.11 include exp::l.ncions of thoce u~es if ouch
expansions are oonsiGtent '/lith or clearly ::l.ncill:J.ry to the exicting use ::l.nd do not require a
rezoning or oomprehencive plo.n amendment.
Natural Resource Protection Areas (NRPAs)
Tho follQwing are:lE: shall ba genorally mapped and identified as NRPAs:
Thoce NRP^o are dooigna-ted on tho Future Lo.nd Uco M::l.p:
1. Within these ::lre::l.S, only ::l.griculture ::lnd directly related uses and one cingle f::l.mily dwelling
unit per p::l.rcel or lot cre:J.te prior to June 22, 1999, sh::l.1I bo ::l.lIowed;
2, These interim development st::l.nd::l.rds shall not affeot or limit the continuation of existing u~es.
Exicting ucec cho.lI ::l.lco inolude thoco ucec for whioh ::l.1I required permitc h::we been iccued, or
uces for which completed ::l.pplic::l.tions have been received by the County prior to June 22,
1999. The continu:J.tion of exicting ucec sh::l.1I include exp::l.nsions of those use~ if such
exp::l.nsions are consistent with or cle::l.rly ::l.ncill::l.I)' to the existing use~ ::l.nd do not require a
rezoning or comprehencive pl::1n ::lmendmeffi.i
3. The generallooo.tion cho.lI be identified on a. map::l.c the interim NRPAc o.nd ch::l.1I bo refined ::l.C
actual d::l.t::l. ::l.nd ::l.n::l.lycic is m::l.de avail:J.ble during the Collior County Rur::l.1 ::l.nd I\gricultural
Area Assessment.
The Agricultural/Rural Land Use Designation is for those areas that are remote from existing
development pattern, lack public facilities and services, are environmentally sensitive or are in
agricultural production. Urbanization is not promoted, therefore most allowable land uses are of
low intensity in an effort to maintain and promote the rural character of these lands.
The following uses and densities are generally permitted under this Designation subject to the
Interim Development Provisions, where :J.PPlic::lblo - but may not be permitted in all Districts and
Subdistricts, and may be subject to specific criteria, conditions, development standards; permitted
densities may be greater, or lesser, than that stated below, in some Districts and Subdistricts.
Alternatively, the Rural Lands Stewardship Area Overlay contains Areas participating in the
Stewardship Credit System.
a. through k. No change.
I. Commercial uses as principal uses, as provided for within the Rural Commercial
Subdistrict and Rural Villages within the Rural Fringe Mixed Use Subdistrict District, and
based upon the criteria set forth therein, respectively.
m. Industrial uses as provided for within the Rural-Industrial Subdistrict and for Research
and Technology Parks within Rural Villages in Rural Fringe Mixed Use SlIDGistAGt
District, and based upon the criteria set forth therein, respectively;
n. No change.
A. AgriculturallRural- Mixed Used District No change.
1. Rural Commercial Subdistrict
Within the Agricultural/Rural Mixed Use District, commercial development, up to a
maximum of 200 acres, may be allowed providing the following standards for intensity of
use are met and subject to tho Intorim Developmont Provisions:
a. The project, or that portion of a larger project, whioh that is devoted to commercial
development, is 2.5 acres or less in size;
b. through f, No change.
,'-
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-- ,._,.
B. Rural Fringe Mixed Use District [pages 57-63]
No change.
1. Transfer of Development Rights (TOR), and Sending. Neutral. and Receiving
Designations: The primary purpose of the TOR process within the Rural Fringe mixed Use
District is to establish an equitable method of protecting and conserving the most valuable
environmental lands, including large connected wetland systems and significant areas of
habitat for listed species, while allowing property owners of such lands to recoup lost value
and development potential through an economically viable process of transferring such
rights to other.. more suitable lands. Within the Rural Fringe Mixed Use District O;nd within
designO;ted O;reO;s of the AgriculturO;I/RurO;I Mixed Use District, residential density may be
transferred from lands designated as Sending Lands to lands designated as Receiving
Lands on the Future Land Use map, subject to the following: provisions below. Residential
density may not be transferred either from or into areas desianated as Neutral Lands
throuah the TOR process.
A) Receiving Lands: No change.
1, Maximum Density: The base residential density allowable for designated Receiving
Lands is one (1) unit per five (5) gross acres (0,2 dwelling units per acre). The
maximum density achievable in Receiving Lands through the TOR process is one
(1) dwelling unit per acre. This maximum density is exclusive of the Density
Blendina provisions, Dwellina Units may only be transferred into Receivina Lands in
whole unit increments (fractional transfers are prohibited). Once the maximum
density is achieved through the use of TORs- Credits, additional density may be
achieved as follows:
.ill a A density bonus of no more than 10% of the maximum density per acre shall
be allowed for each additional acre of native vegetation preserved exceeding the
minimum preservation requirements set forth in Policy 6.1.2 of the CCME.
Ql A density bonus of no more than 10% of the maximum density per acre shall be
allowed as provided in Policy 6.2.S(6)b of the CCME.
This maximum density is exolusive of the Density Blending provisions. Dwelling
Unite may only be tr::mcferred into Reoeiving Lande in whole unit inoremonte
(frO;ction::11 tr::1nefers ::1re prohibited).
2. through 4. No change.
5. Permitted Allowable Uses: Uses within Receiving Lands are limited to the
following:
a) Agricultural uses such as farming, ranching, forestry and bee keeping;
b) No change,
c) Multi-family residential structures shall be permitted under the Residential
Clustering provisions of this plan.. subject to the development of appropriate
development standards to ensure that the transitional semi-rural character of
the Rural Fringe Mixed Use District is preserved. These development
standards shall include, but are not limited to: building heightsf... design
standards~, buffers.. and setbacks.
d) through j) No change,
k) Golf courses or driving ranges, subject to the following standards:
(1) The minimum density shall be as follows:
(::1) For golf course projects utilizing Density Blonding Provisions set forth
in the Density R::1ting System of the FLUE: one (1) dwelling unit per
five (5) gross acres
{bt-For golf course projects not utilizing Density Blending Provisions,
including both freestanding golf courses and aolf courses with associated
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--. residential develoement: tho minimum doncity ch:lIl bo one (1) dvvolling
unit per fivo acrce, ::md one addition31 dwelling unit per five (5) gro~s
3ares for the one TDR Credit shall be reauired for every fiye (5) aross
acres of land area utilized as part of the golf course, including the
clubheuse area, rough, fairways, greens and lakes, but excluding any
area dedicated as conservatioJ1.;-Jt\'hioh that is non-irrigated and retained
in a natural state. The 3ddition31 required density for such golf course
development shall be ::lOhieved by :Jcquiring TORs Credits from Sending
Lands. Any residential develooment associated with the gelf course
shall have a minimum density of one (1) dwellina unit eer five acres.
(2) Golf courses shall be designed, constructed. and managed in
accordance with the best manaaement eractices of Audubon
International's Gold Signature Program and the Florida Oeeartment of
Environmental Protectien,
(3) through (7) No change,
I) through n) No change.
0) Public educational elants and ancillary elants, subject to the follo'....ing
criteria:
Sito 3rea and school cizo Sh311 be cubjoct to the Gonor31 Educational
F3cilitiec Report submitted annually by tho Collier County School Board to
tho Board of County Commissioners.
Tho Sito must comply with tho St3te Requirements for Education:J1 F3cilitiec
,-- :Jdoptod by the Stato Board of educ3tion.
The cito chall be subject to all :Jpplicable Sta-te or Fedoral regul3tion~.
p) through u) No change.
v) Parks. eeen seace. and recreational uses.
w) Private schools.
6, Density Blending: shall be oermitted S~ubject to the provisions set forth in the
eOensity fRating 5~ystem.
7. No change.
8. Adiustment to Receiyina Land Boundaries. For all eroeerties desianated Receivina
Lands where such orooerty is contiauous to a Receivina Land/Sendina Land
boundary. the oroeertv owner may submit data and analysis to the County in an
attemot to demonstrate that a change in the boundarY is warranted. Within one year
from the effective date of this previsien. the County may initiate a Growth
Manaaement Plan amendment to consider such boundarY chanaes uoon a showina
of the followina:
a) The orooerty is contiauous to Sendina Lands:
b) Site soecific environmental data submitted by the orooerty owner. or other data
obtained by the County. indicates that the subiect prooertv contains
characteristics warrantina a Sendina desianation: and
c) An adiustment te the Receivina Land boundarY will not adversely affect the TOR
proaram.
B) Neutral Lands: No change.
1. and 2, No change
3. Permitted Allowable Uses:
",_. a) Agricultural uses such 3S farming, r:mching, forostry and bee keeping;
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-. "
b) No change,
c) Multi-family residential structures shall be permitted under the Residential
Clusterina provisions of this plan. subiect to the development of appropriate
development standards to ensure that the transitional semi-rural character of the
Rural Frinae Mixed Use District is preserved. These development standards
shall include. but are not limited to: buildina heiahts. desian standards. buffers.
and setbacks,
Renumber c) through h) to d) through i),
~il Golf courses or driving ranges, subject to the following standards:
(1) Golf courses shall be designed, constructed, and managed in accordance
with the best manaoement practices of Audubon International's Gold
Signature Program and the Florida Department of Environmental Protection.
(2) through (6) No change.
Renumber j) to k).
1<11. Public and private schools, educational plants and ancillarv plants ::;ubject to the
following criteria:
Site arca and school size shall be subject to the General Educational Facilities
Report submitted annually-Sy-the Colli8f-Got}Aty-SGh~e--#te--Bwr4Bf
County Commissioners.
The Site must comply '.vith the State Requirements for Educational Facilities
adopted by the State Board of Education.
Tho cito shall bo subjoct to all applicablo Stato or Fodoral rogulations.
Renumber I) through 0) to m) through p).
0) Parks. open space. and recreational uses.
r) Private schools.
d-,4, Native vegetation and preservation requirements: Native vegetation shall be
preserved as set forth in CCME Policy 6.1.2,
5. Density Blendino shall be permitted subiect to the provisions set forth in the Density
Ratina SYstem.
6. Adjustment to Neutral land Boundaries. For all properties desianated Neutral
lands where such property is contiauous to a Neutral land/Sendina land boundary.
the property owner may submit data and analysis to the County in an attempt to
demonstrate that a chanae in the boundary is warranted. Within one year from the
effective date of this provision. the County may initiate a Growth Manaaement Plan
amendment to consider such boundary chanaes upon a showina of the followina:
a) The property is contiauous to Sendina lands:
b) Site specific environmental data submitted by the property owner. or other data
obtained by the County. indicates that the subiect property contains
characteristics warrantina a Sendina desionation: and
c) An adiustment to the Neutral land boundary will not adversely affect the TOR
proaram.
C) Sending Lands: No change. [pages 64-65]
1. through 3, No change.
4. Permitted Uses: Permitted uses are limited to the following:
a) through g) No change.
h) Oil oxtraction and rolatod procossing aas exploration. Where practicable,
directional-drilling techniques and/or previously cleared or disturbed areas shall
be utilized to minimize impacts to native habitats.
5, Conditional Uses:
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133 of 250
a) The following uses are conditionally permitted subject to approval through a
public hearing process:
(1) Essential services not identified above in ~ ~f). Within one year, Collier
County will review essential services currently allowed in the Land
Development Code and will define those uses intended to be conditionally
permitted in Sending designated lands. During this on-year period or if
necessary until a comprehensive plan amendment identifying conditionally
permitted essential services, no conditional uses for essential services within
Sending designated lands shall be approved.
(2) No change.
(3) Commercial uses accessory to permitted uses &- 4.a), &- 4.c), ~ 4.d), such
as retail sales of produce accessory to farming, or a restaurant accessory to
a park or preserve, so long as restrictions or limitations are imposed to
insure the commercial use functions as an accessory subordinate use.
(4) Oil and aas field develooment and oroduction. Where oracticable.
directional-drilling techniaues and/or oreviouslv cleared or disturbed areas
shall be utilized to minimize imoacts to native habitats.
b) No change,
6, through 8. No change,
0) Additional TOR Provisions: [pages 66-67]
No change,
1. The establishment of a simple, expeditious process whereby private property
owners may, by right, "sell" residential dwelling units from lands designated as
~ending Lands~. Said units (TOR Credits) may then be ~transferre~ by right to
lands designated as ~Receiving Lands~, or to Urban Lands where authorized. Once
established, the TOR program shall be administratively reviewed and approved,
requiring no further public hearing or Board approval if consistent with the provisions
for administrative approval.
2. The establishment of a process for tracking and recording all tro.nsfers of rosidentio.l
l::.ffiits TOR Credits in the public records of Collier County. This shall include the
identification of the entity or department responsible for the on-going administration
of the TOR program. In addition, the County shall consider the feasibility of
establishing a "TOR Bank," to be administered by the County or some other not-for-
profit governmental or quasi-governmental public agency established for this
purpose. The County shall oonsider and evaluate the funding optionc and sources
of revenues for suoh a TOR Bo.nk as P;)rt of tho FY04 budget ro'/iew procesc.
Souroes of funds to consider include, but are not Iimitod to, Gener;)1 Fund revenue~,
and federal and stato grants and loans. A primary objective of the TOR Bank is to
make funds available to support the TOR program by offering initial minimal
purchase prices of TORs Credits. As part of these considerations, projections for an
o.nnual budget for administration of tho TOR program shall be devoloped.. 'Nhich
would includo tho projectod costs and funding appropriation for the FY01 o.ssociated
with initial purohase of residontial developments.
3. Limitations and Procedures:
a) Trancfers TOR Credits shall not be allowed aenerated from s~ending t1ands
where a conservation easement or other similar development restriction
prohibits residential development.
b) The transfer of units generation of TOR Credits throuah the severance of
residential density from SendinQ Lands shall be recorded in public records
.-- utilizing a legal instrument determined to be appropriate by the County
37 Words with single underline are added; words with single strike tflrellgh are deleted - as recomme~~tihHem No. 8B
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134 of 250
,.^"~ .., .~-,._.."~ -- ._,~ ..- -^-,--,,-
Attorney's Office, Said instrument shall clearly state the remaining allowable
lands uses on the subject property after all, or a portion, of the residential
density has been tr~:msferrod severed from the property,
c) Where residential density has been transferred severed from Sending Lands,
such lands may be retained in private ownership or may be sold or deeded by
gift to another entity.
4, No change
5. A 25-year prohibition on utilizing oeneratino TORs where a Credits from any parcel ~
or portion thereof. within Sending Lands has been cleared for agricultural purposes
after June 19, 2002,
2. No change
3. Rural Villages: No change [pages 68-69]
A) and B) No change
C) Rural Village Sizes and Density:
1. and 2. No change
3, Density may be achieved as follows:
a) No change
b) The additional density necessary to achieve the minimum required density for a
Rural Village shall be achieved by an equal amount of TORs Credits and bonus
units. That is, for each TOR Credit acquired one bonus unit shall be granted.
c) Additional density between the minimum and maximum amounts established
herein may be achieved through any of the followino. either individually or in
combination:
11 Additional TORs, and/or through Credits.
g} through 3 ~ 0,5 unit bonus for each unit that is provided for lower income
residents and for entry level and workforce buyers, 3nd/or through 3.:-
&...A density bonus of no more than 10% of the maximum density per acre
allowed for each additional acre of native vegetation preserved exceeding
the minimum preservation requirements set forth in Policy 6.1.2 of the
CCME.
4) A density bonus of no more than 10% of the maximum density per acre as
provided in Policy 6.2.5(6)b of the CCME.
Within ono (1) ye3r of the effecti'.'o d:l-te of thece Rur31 Fringe 3mendmentc, the
County will amend the land development code to ect3blish he following: a
definition of "workforce housing;" minimum qualific3tions for the above
referenced density bonus; and 3 minimum percent of the 311ewable dencity
th3t shall meet the definition of '....orkforce/afford3ble housing within a rural
'1ilbge.
0) No change.
E) Open Space and Environmental Protection:
1. No change.
2. Open Space and Native Vegetation Retention.
a) No change,
b) Open Space: Within the Rural Village and required Greenbelt, in aggregate, a
minimum of 70% 40% of Open Space shall be provided.
3. No change.
F) and G) No change.
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135 of 250
4. No change.
-
C. and D. No change.
III. ESTATES DESIGNATION
No change.
~nLCONSERVATlON DESIGNATION
No change.
..
V. OVERLAYS AND SPECIAL FEATURES
A. No change,
B. North Belle Meade Overlay
No change.
A.1: IN GENERAL [pages 76-77]
The North Belle Meade area is surrounded by Golden Gate Estates to the north, east, and
west and 1-75 to the south, The area, designated as the North Belle Meade Overlay,
comprises:!: 24 sections of land (:!: 15,552 acres, depending on the size of individual
sections) and is depicted on the Future Land Use Map and North Belle Meade Overlay
Map. The NBM Overlay area is unique to the Rural Fringe area because it is surrounded
by areas that are vested for development on three sides, Because this area is largely
undeveloped and includes substantial vegetated areas, the Sending Lands can and do
provide habitat for wildlife, including endangered species, Within the NBM Overlay area are
also areas that have been previously impacted by canal construction and past clearing and
- agricultural practices which have altered the natural hydroperiod, The challenge for the
NBM Overlay area is to achieve a balance of both preservation and opportunities for future
development that takes into account resource protection and the relationship between this
area and the Estates developing around the NBM Overlay area. Accordingly, a more
detailed and specific plan for the NBM Overlay is set forth herein, Unless otherwise
specifically stated, no other Goals, Objectives and Policies of the Future Land Use Element,
other than those relating to density and allowable uses. Conservation and Coastal
Management Element, or Public Facilities Element in the Growth Management Plan or
implementing LDRs, including specifically but not limited to wetlands and wildlife protection,
shall be applicable to the NBM Overlay Receiving Lands other than this NBM Overlay Plan
and its implementing LDRs, On Receiving Lands any development shall comply with the
non-environmental administrative review procedures of Collier County for site development
plans and platting.
Within the NBM Overlay there are four distinct areas, as depicted on the Future Land Use
Map and Map series, that require separate treatment based on existing conditions within
this area. These areas include the natural Resource Protection Area (NRPA), the
Receiving and the Sending Areas for the transfer of development rights, and a Neutral area,
which is neither a Sending nor a Receiving Area comprising two sections of land. It is the
intent to perform the physical planning of the NBM Sending Lands within twelve (12)
months after the effective date for Red Cockaded Woodpeckers, Greenways, and Wildlife
Crossings,
Planning Considerations
Renumber 1, through 4, to a, through d.
-
39 Words with single underline are added; words with single slcike tflr~lIgh are deleted - as recomme~~.titem No, 8B
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136 of 250
-~._-_.- _._..._~,~. -~-' ---- -
--"~ -~,....-
Renumber 8. to 2.
Planning Considerations [page 79]
Renumber 1 and 2 to a. and b.
doc. Sending Area
The NBM NRPA shall be designated as a-s,S,ending area Lands for Durposes of the
Transfer of Development Rights (TOR) Droaram,
4.d. TORs
o.'mcrc of landc loc3tod in TOR Credits aenerated from the NBM NRPA may trancfcr
thoir development rights be transferred to Sections 21 and 28 and the west 114 of
s,S,ection2, 22 and 27, aR4lGf to other suitable locations within the Rural Fringe Mixed
Use Area District. or to the Urban Area at a ratio of 1 unit per 5 acres from Sending
Lands or one unit per individual deeded parcel or lot that existed as of June 22, 1999,
whichever is greater.
G.3. RECEIVING AREAS [pages 79-80]
Within the NBM Overlay, Receiving Areas are identified for clustering of residential dwelling
units, central water and sewer service, and for the transfer of development rights and
comprise :t 3,368 acres in the northern portion of NBM Overlay, The Receiving Areas are
generally located in the northern portion of NBM Overlay and generally contiguous to
Golden Gate Estates, Two sections are directly to the south of the APAC earth Mining
Operation, The Receiving Area exhibits areas of less environmental sensitivity than other
portions of the NBM Overlay, because of their proximity to Golden Gate Estates and prior
clearing and disturbance to the land. Within the Receiving Area of the NBM Overlay, are
located Sections 21,28, and the west '/4 of Sections 22 and 27, which have been largely
assembled under one property ownership. These lands are located south of the existing
APAC earth mining operation and have been largely impacted by agricultural operations.
The location of Sections 21 and 28 is just to the south and west of Wilson Boulevard
located in the southern portion of north Golden Gate Estates. Because an earth mining
operation and asphalt plant uses have existed for many years in the area, and the
surrounding lands in Sections 21, 28, and the western AaWes auarters of Sections 22 and
27 are reported to contain Florida Department of Transportation grade rock for road
construction, these uses are encouraged to remain and expand. However, until June 19,
2GG42005, mining operations and an asphalt plant may be expanded only to the western
half of Section 21 and shall not generate truck traffic beyond average historic levels, If by
June 19, 2GQ42005, an alignment has been selected, funding has been determined, and an
accelerated construction schedule established by the Board and the mining operator for an
east-west connection roadway from County Road 951 to the extension of Wilson Boulevard,
mining operations and an asphalt plant may expand on Sections 21 and 28 and the western
quarters of 22 and 27 as a permitted use. If no such designation has been made by June
19, 2GG42005, any mining operations or asphalt plant in these areas, other than continued
operations on the western half of Section 21 at historic levels, shall be permitted only as a
conditional use, unless the mine operator upon failure to attain Board selection of an
alignment commits by June 19, ~2005 to construct a private haul road by June 19,
2GOO2007 without the allocation of any public funds, The County's existing excavation and
explosive regulations shall apply to all mining operations in these areas.
The extension of Wilson Boulevard to the south with an ultimate connection to the vicinity of
Interstate 75, will serve to alleviate traffic congestion on Golden Gate Boulevard and serve
as an alternate evacuation route for Golden Gate Estates. Sufficient area for right-of-way is
40 Words with single underline are added; words with single slcik8 HlfflllgR are deleted - as recornme~Qii\,titem No. 8B
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137 of 250
- available at the present time for the extension of this roadway. Additional right-of-way may
be required outside of Sections 21 and 28,
Because of the proximity of Sections 21 and 28 and west % of section 22 and 27 to Golden
Gate Estates, as well as other locations in the NBM Overlay Receiving Area, they are a
logical locations for the development of a Rural Village or Neighborhood Village Center with
a mix of uses which may include clustering of residential uses and civic and institutional
uses, including limited retail uses at an intersection to be established with Wilson
Boulevard.
Planning Considerations
a. Densitv Bonuses. Once the maximum densitv of one (1) unit oer acre is achieved
outside of the NBM Rural Villaae. throuah the combination of base densitv and density
obtained with TOR Credits. additional density mav be achieved as follows:
1) Veaetation Retention, A densitv bonus of no more than 10% of the maximum density
per acre shall be allowed for the retention of at least 1 0% of the native veaetation
on site.
2) Wetlands Mitiaation and Habitat Protection, A densitv bonus of no more than 10%
of the maximum density oer acre shall be allowed as orovided in Policv 6,2,5(6)b of
the CCME,
-1-.b. North Belle Meade Rural Village
The standards for the Rural Villageo/Commercial in the NBM Overlay Receiving Area
shall be generally the same as provided for in the Rural Fringe Mixed Use Oistrict~
flHowever, because of the NBM Receiving Area's location adjacent to Estates, the NBM
_M. NRPA, and other Sending ~.bands, it does not have access to existing commercial uses,
which should be encouraged on NBM Receiving Lands. The following exceptions shall
apply:
.11 The minimum gross density shall be 1,5 dwelling units per gross acre and a
maximum of 3 units per gross acre.
g} A minimum of Q.5 dwelling units per acre shall be acquired through the tr::mcfer of
development rights TOR Credits.
ID Sidewalks shall be required on both sides of the streets in the NBM Rural Village,
~ Greenbelts shall not be required for any NBM Receiving Lands including any Rural
Village. However. any Greenbelt that is provided shall be included in the calculation
of Ooen Soace for ourooses of determinina compliance with the 40% Open Soace
reauirement.
ID Schools should be located with the NBM Rural Village whenever possible in order to
minimize busing of students and to co-locate schools with public facilities and civic
structures such as parks, libraries, community centers, public squares, greens, and
civic areas.
21 Elementary schools shall be accessed by local streets, pedestrian and bicycle
facilities, and shall be allowed in and adjacent to the Rural Village Center, provided
such local streets provide adequate access as needed by the School Board.
OA. SENDING AREAS
No change.
Planning Considerations [page 81]
Renumber 1. to a.
2. Mitigation Credit
.--
41 Words with single underline are added; words with single strike lflFellga are deleted - as recomrne~~tihHem No. 8B
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138 of 250
-,.,- " -"".._--~,.,.
--~--_.-
Lands located in the NRPA and tho adjoining buffer aroas, 'Nhich will be dodicated to a
public or private entity fer ooncervation uce may also be credited towards meeting any
governmental mitigation requirements and en a one to one acreage b3cic towards
meeting the onsite vegetation preservation requirements of NBM Receiving Lands.
Renumber 3. to b.
4.c. Public Acquisition
The County should support the public acquisition of Sending Afeas. Lands in the NBM
Overlay, particularly in locations where endangered or threatened species are located.
E.5. NEUTRAL LANDS [page 81]
. Within the NBM Overlay there are :t1 ,280 acres of land that are identified as Neutral Areas.
The Neutral Areas consist of two Y2 sections located at the northeast corner of the Overlay
and section 24 located in the northwest portion of this Overlay, The preservation standards
for Neutral Lands shall be those contained in CCME Policy 6,1.2 for Neutral Lands. The
County chall perform has performed an RCW study for Section 24 and, if the results of the
study warrant, the Plan will be amended,
C. Natural Resource Protection Area Overlay [pages 81-82]
The purpose of the Natural Resource Protection Area (NRPA) Overlay designation is to protect
endangered or potentially endangered species and to identify large connected intact and
relatively unfragmented habitats, which may be important for these listed species. NRPAs may
include major wetland systems and regional flow-ways, These lands generally should be the
focus of any federal, state, County or private acquisition efforts.
NRPAs are located in the following areas:
1. Clam Bay Conservation Area (within Pelican Bay Plan Unit Development);
2. CREW (Corkscrew Regional Ecosystem Watershed);
3, North Belle Meade;
4, Belle Meade;
5. South Golden Gate Estates;
6. Okaloacoochee Slough (interim);
7, Camp Keaic (interim).
NRPAs located in the Rural Fringe Mixed Use District, or on nearby or adjacent Concervation
Designated Lands are identified as Sending Lands. Private property owners within these
NRPAs may transfer residential development rights from these important environmentally
sensitive lands.
Natural Resource Protection Areas (NRPAs) that are not identified as "interim" abo',e shall
have the following standards:
1. through 3, No change,
4. For privately owned lands within a NRPA Overlay and designated Sending t1ands Gf
Estates rospectivety, permitted and conditional uses shall be those as set forth in the Rural
Fringe Mixed Use District for Sending Lands.
5. and 6. No change.
D. Rural Lands Stewardship Area Overlay
Goal
No change,
42 Words with single underline are added; words with single strikl! Ihr811gR are deleted - as recornrne~diRtHem No, 8B
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139 of 250
- Objective
No change.
Groups 1 and 2 No change
Group 3 - No change.
Policies 3.1 through 3.8 No change.
Policy 3.9 [page 90)
1, Agriculture will continue to be a permitted use and its supporting activities will continue to
be permitted as conditional uses within FSAs and HSAs, pursuant to the Agriculture Group
classifications described in the Matrix. The Ag 1 group includes row crops, citrus, specialty
farms, horticulture, plant nurseries, improved pastures for grazing and ranching,
aquaculture and similar activities, including related agricultural support uses, In existing Ag
1 areas within FSAs and HSAs, all such activities are permitted to continue, and may
convert from one type of Agriculture to another and expand to the limits allowed by
applicable permits. Once the Stewardship Credit System is utilized and an owner receives
compensation as previously described, no further expansion of Ag 1 will be allowed in FSAs
and HSAs beyond existing or permitted limits within property subject to a credit transfer~
except for incidental clearina as set forth in 2 below.
2. In order to encouraae viable Aa 1 activities. and to accommodate the ability to convert from
one Aa 1 use to another. incidental clearina is allowed to ioin existina Aa 1 areas. sauare
up existina farm fields. or provide access to or from other Aa 1 areas. provided that the Aa
1 Land Use Laver has been retained on the areas to be incidentallv cleared. and the
_. Natural Resource Index Value score has been adiusted to reflect the proposed chanae in
land cover. Incidental c1earina is defined as c1earina that meets the above criteria and is
limited to 1% of the area of the SSA. In the event said incidental clearina impacts lands
havina a Natural Resource Index Value in excess of 1,2. appropriate mitiaation shall be
provided.
Policies 3.10 through 3.14 No change.
Group 4- No change
Policies 4.1 through 4.14 No change.
Renumber Policy 4.15 to 4.15.1
Policv 4.15.2 [page 97)
The BCe may. as a condition of approval and adoption of an SRA development. reauire that
suitable areas for parks. schools. and other public facilities be set aside. improved. and/or
dedicated for public use. When the BCC reauires such a set aside for one or more public
facilities. the set aside shall be subiect to the same provisions of the LDC as are applicable to
public facilitv dedications reauired as a condition for PUD rezonina.
Policv 4.15.3 [page 97]
Acplicants for SRA desianation shall coordinate with Collier County School Board staff to allow
plannina to occur to accommodate any impacts to the public schools as a result of the SRA.
As a part of the SRA application. the followina information shall be crovided:
~"-. 1. Number of residential units bv type:
43 Words with single underline are added; words with single slril.e tl-.reHgH are deleted - as recomme~~'rltem No. 8B
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140 of 250
-"-' ~..~-- _____o,~
-~'-..
.--. .-.-.-
2, An estimate of the number of school aaed children for each type of school impacted
(elementarv. middle. hiah school): and
3. The potential for locatina a public educational facility or facilities within the SRA. and the
size of any sites that may be dedicated or otherwise made available for a public educational
facilitv.
Policy 4.16 [page 97]
A SRA shall have adequate infrastructure available to serve the proposed development, or
such infrastructure must be provided concurrently with the demand. The level of infrastructure
provided will depend on the ~ form of SRA development, accepted civil engineering
practices, and LDC requirements. The capacity of infrastructure sorving necessary to serve the
SRA at build-out must be demonstrated during the SRA designation process in 3ccordance
with the Collier County Concurrency M3n3gemeAt--System in effBGt-at the time of-S~A
designation. Infrastructure to be analyzed includes transportation, potable water, wastewater,
irrigation water, stormwater management, and solid waste. Transportation infrastructure is
discussed in Policy 4.14. Centralized or decentralized community water and wastewater utilities
are required in Towns, Villages, and those CRDs exceeding 100 acres in size. Centralized or
decentralized community water and wastewater utilities shall be constructed, owned, operated
and maintained by a private utility service, the developer, a Community Development District,
the Immokalee Water Sewer Service District, Collier County, or other governmental entity.
Innovative altemative water and wastewater treatment systems such as decentralized
community treatment systems shall not be prohibited by this policy provided that they meet all
applicable regulatory criteria. Individual potable water supply wells and septic systems, limited
to a maximum of 100 acres of any Town, Village or CRD of 100 acres are permitted on an
interim basis until services from a centralized/decentralized community system are available.
Individual potable water supply wells and septic systems are permitted in Hamlets and may be
permitted in CRDs of 100 acres or less in size.
Policv 4.17 [page 97]
The Board of County Commissioners will review and approve SRA desianation apolications in
accordance with the provisions of Policy 1.1.2 of the Caoitallmprovement Element of the GMP
for Cateaorv A public facilities, Final local development orders will be aooroved within a SRA
desianated by the Board in accordance with the Concurrency Manaaement System of the GMP
and LDC in effect at the time of final local develooment order approval.
Policy 4.1~ [page 98]
The SRA will be planned and designed to be fiscally neutral or positive to the Collier County
tax bm::e at the horizon year based on a modified per oapita cost/benefit fiscal impact analysis
model (Modified per oapita oost'bcnefit tiooal analyoio per Burohell et.al., 1904, Development
Impact Assessment Handbook, ULI.) acceptable to or as may be adopted by the County. The
BCC may grant exceptions to this policy to accommodate affordable housing, as it deems
appropriate. Techniques that may support promote fiscal solf sufficioncy neutrality such as
Community Development Districts. and other special districts. shall be encouraged, At a
minimum, the analysis shall consider the following public facilities and services: transportation,
potable water, wastewater, irrigation water, stormwater management, solid waste, parks, law
enforcement, and schools. Development phasing. develooer contributions and mitiaation. and
44 Words with single underline are added; words with single stl'ike tAFBHgA are deleted - as recomme~Qiitrltem No. 8B
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141 of 250
-
other oublic/orivate oartnershios :md funding mochanisms shall address any potential adverse
impacts to adopted minimum levels of service standards pursuant to tho County Conourrency
Managoment System,
Renumber Policies 4.18 through 4.20 to 4.19 through 4.21,
Group 5 No change.
Policies 5.1 through 5.4 No change,
Policy 5.5 [pages 100-101]
No change.
1, No change.
2. Wildlife habitat management plans for listed species shall be submitted for County
approval. A plan shall be required for all projects where the wildlife survey indicated
listed species are utilizing the site, or the site is capable of supporting wildlife and can
be anticipated to be potontially occupied by listed species. These plans shall describe
how the project directs incompatible land uses away from listed species and their
habitats.
a, Management plans shall incorporate proper techniques to protect listed species and
their habitats from the negative impacts of proposed development. Open space and
vegetation preservation requirements shall be used to establish buffer areas
between wildlife habitat areas and areas dominated by human activities. Provisions
such as fencing, walls, or other obstructions shall be provided to minimize
"".- development impacts to wildlife and to facilitate and encourage wildlife to use
wildlife corridors, Appropriate roadway crossings, underpasses and signage shall
be used where roads must cross wildlife corridors. ,
i. No change.
ii. The County shall consider any other techniques recommended by the USFWS
and FFWCC, subject to the provision of paragraph {31 of this policy.
iii. When listed species are directly observed on site or indicated by evidence, such
as denning, foraging, or other indications, priority chall be given to preserving
the listed species habitat first, as part of the retained native vegetation
requiremont of a minimum of 40% of native veaetation on site shall be retained.
with the exceotion of clearina for aaricultural ourooses. The County shall also
consider the recommendation of other agencies, subject to the provisions of
paragraph {31 of this policy,
c. through h. No change.
3. No change.
Policy 5.6 [pages 102-103]
No change.
1. and 2. No change
3, FSAs, HSAs and WRAs, as provided in Policy 5.3, and the ACSC have stringent site
clearing and alteration limitations, nonpermeable surface limitations, and requirements
addressing surface water flows which protect wetland functions within the wetlands in
those areas, Other wetlands within the RLSA are isolated or seasonal wetlands. These
wetlands will be protected based upon the wetland functionality assessment described
below, and the final permitting requirements of the South Florida Water Management
District.
-
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a. The County shall apply the vegetation retention, open space and site preservation
requirements specified within this Overlay to preserve an appropriate amount of
native vegetation on site, Wetlands shall be preserved as part of this vegetation
requirement according to the following criteria:
i. The acreage requirements specified within this Overlay shall be met by
preserving wetlands with the highest wetland functionality scores. Wetland
functionality assessment scores shall be those described in paragraph tbt of this
policy. The vegetative preservation requirements imposed by Policyjes 5.3 and
5,5 shall first be met through preservation of wetlands having a WRAP
functionality assessment score of 0,65 or a Uniform Wetland Mitiaation
Assessment Method score of 0,7. or greater. Within one year, from the effective
date of this Amendment, the County shall develop specific criteria in the LDC to
be used to determine those instances in which wetlands with a WRAP
functionality assessment score of 0.65 or a Uniform Wetland Mitiaation
Assessment Method score of 0.7. or greater must be preserved in excess of the
preservation required by Policy 5.3.
ii. and iii. No change.
b, In order to assess the values and functions of wetlands at the time of project review,
applicants shall rate functionality of wetlands using the South Florida Water
Management District's Wetland Rapid Assessment Procedure (WRAP), as
described in Technical Publication Reg-001, dated September 1997, and updated
August 1999, until such timo as tho Dictrict adopts tho proposod Unifiod or the
Uniform Wetland Mitigation Assessment Method, described in draft form and
identified as F.A,C. Chapter 62-345 Uniform Wotl3nd Mitigation Ascessmcnt
Mothod, The applicant shall submit to sCounty staff aaency-acceoted WRAP
scores or Uniform Wetlands Mitiaation Assessment scores., County staff shall
review ~hQII roviC'.\I this functionality assessment as part of the County's EIS
provisions and shall use the results to direct incompatible land uses away from the
highest functioning wetlands according to the requirements found in paragraph 3
above,
c, through g. No change.
E. through G. No change.
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CONSERVATION AND COASTAL MANAGEMENT ELEMENT
GOAL 1 : THE COUNTY SHALL CONTINUE TO PLAN FOR THE PROTECTION,
CONSERVATION, MANAGEMENT AND APPROPRIATE USE OF ITS NATURAL
RESOURCES
OBJECTIVES 1.1 No change.
Policies 1.1.1 through 1.1.8 No change.
Policv 1.1.9 [page 2]
In those areas of Collier County where Oil Extraction and Related Processina is an
allowable use. such use is subiect to applicable state and federal oil and aas oermits and
Collier County non-environmental site develooment olan review orocedures. Directional-
drillina and/or oreviously cleared or disturbed areas shall be utilized in order to minimize
imoacts to native habitats. where determined to be oracticable, This reauirement shall be
deemed satisfied uoon issuance of a state oermit in comoliance with the criteria
established in Chaoter 62C-25 throuah 62C-30. F.A.C.. as those rules exist on the
effective date of this amendment to the Collier County Comorehensive Plan. reaardless of
whether the actiyity occurs within the Bia Cyoress Watershed. as defined in Rule 62C-
30.001 (2). F,A,C, All aoolicable Collier County environmental oermittina reauirements
shall be considered satisfied by evidence of the issuance of all aoolicable federal and/or
state oil and aas oermits for prooosed oil and aas activities in Collier County, so lona as
the state oermits co molY with the reauirements of Chapter 62C-25 throuah 62C-30. F.A.C,
For those areas of Collier County outside the boundary of the Bia Cvoress Watershed. the
aoolicant shall be resoonsible for convenina the Bia Cyoress Swamo Advisorv Committee
as set forth in Section 377.42. F,S.. to assure comoliance with Chaoter 62C-25 through
62C-30. F.A.C, even if outside the defined Biq Cyoress Watershed. All oil and aas access
roads shall be constructed and protected from unauthorized uses accordina to the
standards established in Rule 62C-30.00S(2)(a)(1) throuah (12), F.A.C.
OBJECTIVE 1.2 No change.
OBJECTIVE 1.3:
No change,
Pol icy 1.3.1 [page 3]
No change.
a. Identification of the NRPAs in map form as an overlay to the Future Land Use Map;
Purcu::mt to tho Final Ordor, tho gonorlll areas of CREW Lando, Bello Mo::ldo ::md South
Goldon Gato Estatos havo boon mappod and identifiod as NRPJ\c on tho Future Land Use
Map. These areas shall bo flJrther rofined as the Assessment is implemented as a
cellaborative and community based effort.
All aV3ilable d3t3 e:h::lIl bo further cene:idorod and refined during the Assessmont to
determine tho final boundaries of these NRP.^.s. As part of tho Assessment, the County
::Ihall ovaluate the merits of including additienal :lreas into these boundaries including, but
not limited to, the area of Northern Bello Me3de. During the Assessment for the Rural
- Fringe area, the County has determined that CREW Trust lands, #le Belle Meade, aM a
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--. "'A__'_~ _._.
portion of the Northern Belle Meade shall be identified as NRPAs. The County also has
determined that the South Golden Gate Estates is a NPRA, The specific boundaries have
been identified as NRPAs on the Future Land Use Map. The statue of the other interim
NRPA::: and study areas sho'lm on the Future Land Use Map will be addressed at the
completion of the Assessment. Within the remaining areas, the following ehall be the
primary fOQUO of addition study:
In addition to the moratorium referenced above, the County shall givo notice to the Florida
Department of Community Afbirs of all applications to develop or other....'ico impact tho
. above spacial study areac.
b. through g. No change.
Policies 1.3.2 through 1.3.5 No change,
GOALS 2 through 5 No change.
GOAL 6: No change
OBJECTIVE 6.1
No change,
POLICY 6.1.1 : [pages 15-16]
No change.
Coastal Hiah Hazard Area Non-Coastal Hiah Hazard Area
Residential and Mixed Less than 2,5 acres 10% Less than 5 acres 10%
Use Development
Equal to or greater Eaual to or Ggreater than 5 acres
than 2,5 acres 25% and less than 20 acres 15%
Equal to or greater
than 20 acres 25%
Golf Course 35% 35%
Commercial and Less than 5 acres 10% Less than 5 acres 10%
Industrial Development
Equal to or greater Equal to or greater
than 5 acres 15% than 5 acres 15%
Industrial Development 50%, not to exceed 25% of the 50%, not to exceed 25% of the
(Rural-Industrial District project site project site
Only)
The following standards and criteria shall apply to the vegetation retention requirements
referenced above:
(1) through (3) No change.
(4) Selection of preservation areas shall reflect the following criteria in descending order of
priority:
a, Onsite '....etl:mds shall be preserved pursuant to Policy 6,2.4 of thic element;
boa. Areas known to be utilized by listed species or that serve as corridors for the
movement of wildlife.. shall be preserved and protected in order to facilitate the
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,- movement of wildlife through the site. This criterion sh:111 be.L consistent with the
requirements of Policy 7.1.1 of this element. Parcelc oontaining gopher tortoicoo choll
protect the largeGt, most contiguous gopher tortoise habit:1t with the greatest number of
active burro'No, and provido :1 connootion to off sito :1djacont gopher tortoise precerves.
b. Onsite wetlands preserved oursuant to Policv 6,2.4 of this element:
c. and d. No change.
(5) through (10) No change.
Policy 6.1.2 [page 17}
No change.
a. and b. No change,
c, Non-NRPA Sending Lands:
Calculated at the higher value of 80% of the native vegetation present, or 80~<' of tho
total oite are:1 as may otherwise be oermitted under the Density Blendina orovisions of
the FLUE.
d. NRPA Sending Lands:
Calculated at the higher value of 90% of the native vegetation present, or 90% of the
tot:11 sito :1rO:1, or as may otherwise be permitted under the Density Blending provisions
of the FLUE,
e, through g. No change.
(1) through (12) No change,
Policies 6.1.3 through 6.2.4 No change,
Policy 6.2.5 [page 24]
No change.
(1) No change.
a, The acreage requirements of Policy 6.1.2 of this element shall be met be preserving
wetlands with the highest wetland functionality scores, Wetland functionality
assessment scores shall be those described in paragraph (2) of this policy, Wetlands
having functionality acsoccment cooroc a WRAP score of at least 0.65 or a Uniform
Wetland Mitiaation Assessment Method score of 0.7 shall be preserved on site. This
policy is not intended in all cases to require preservation of wetlands exceeding the
acreage required by Policy 6,1.2 of this element. Within one year, the County shall
develop specific criteria to be used to determine when wetlands having a functionality
:1csosoment WRAP score greater than 0.65 or a Uniform Wetland Mitiaation
Assessment Method score of areater than 0.7 shall be required to be retained
exceeding the acreage required by Policy 6,1,2 of this element.
b. through e. No change,
(2) In order to assess the values and functions of wetlands at the time of project review,
applicants shall rate functionality of wetlands using the South Florida Water Management
District's Wetland Rapid Assessment Procedure (WRAP), as described in Technical
Publication Reg-001, dated September 1997, and updated August 1999, until such time :1C
the District adopts or the proposed Unified Uniform Wetland Mitigation Assessment Method,
described in draft form ::md identified 3S F,A.C, Chapter 62-345 Uniform Wetland Mitig~ion
I\ssecsment Method, The applicant shall submit to sCounty staff, agency accepted WRAP
scores or Uniform Wetland Mitiaation Assessment Method scores. County staff shall
review this functionality assessment as part of the County's EIS provisions and shall use
the results to direct incompatible land uses away from the highest functioning wetlands
according to the requirements found in paragraph (1) above,
(3) through (6) No change.
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,...-.--. -~._. ""'-"" ... ...-~ .~..,~--,.~"..,....'",'-'" ......_._...-""_._"._~-~.,,'-
Policies 6.2.6 through 6.5.3 No change.
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- CAPITAL IMPROVEMENT ELEMENT
GOALS, OBJECTIVES AND POLICIES
GOAL 1: No change,
OBJECTIVE 1: No change
Policy 1.1.1: No change,
Policy 1.1.2: [page 3]
No change.
A. No change.
B, The County Commission will review all rezone requests. SRA desianation applications. and
proposed amendments to the Future Land Use Element (FLUE) affecting the overall
County-Wide density or intensity of permissible development with consideration of their
impact on both the variable "D" in the formula a = (S x D) - I, and the overall roadway
system, The County Commission shall not approve any such rezone request....sBA
desianation. or FLUE amendment that significantly impacts either: (1) a deficient roadway
segment or; (2) the BEBR high range growth rate population projections through the five
years of the annually updated Capital Improvement Plan, on a continuously rolling basis,
and then 95% of the BEBR high range growth rate thereafter, for the variable "D", unless
one of the following simultaneously occurs:
-
1, Specific mitigating stipulations are approved in conjunction with the rezone or SRA
desianation resolution to restore or maintain the Level of Service on the impacted
roadway segment;
2. The adopted population standard used for calculation of "a" in the formula a = (S x D) -
I is amended based on appropriate data and analysis;
3, The Schedule of Capital Improvements is updated to include any necessary projects
that would support the additional public facility demand(s) created by the rezone. SRA
desianation resolution or amendment to the Future Land Use Element.
C. No change.
D. No change.
Any public facility that is determined to be needed as a result of any of the factors listed in Section
Band D of this Policy shall be included in the regular Schedule of Capital Improvements contained
in this Capital Improvement Element. All capital improvement projects for such public facilities
shall be approved in the same manner as the projects that are identified according to the
quantitative analysis described in Section A of this policy.
Policies 1.1.3 through 1.1.5 No change.
OBJECTIVES 1.2 through 1.5 No change.
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TRANSPORTATION ELEMENT
GOALS, OBJECTIVES AND POLICIES
GOALS 1 No change.
OBJECTIVES 1 through 4 No change,
OBJECTIVE 5: No change.
Policy 5.1: [page 14]
The County Commission will review all rezone requests and SRA desianation aoolications with
consideration of their impact on the overall system, and shall not approve any such request that
significantly impacts a roadway segment already operating and/or projected to operate at an
unacceptable Level of Service within the five year planning period, unless specific mitigating
stipulations are approved. Traffic analyses to determine significant project impact shall use the
following to determine the study area:
a. through c, No change.
Policy 5.2: No change,
OBJECTIVES 6 through 12 No change.
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-
GOLDEN GATE AREA MASTER PLAN
I. and II. No change.
III. IMPLEMENT A TION
No change.
A. GOALS. OBJECTIVES. AND POLICIES
GOALS 1 through 3 No change
B. LAND USE DESIGNATION DESCRIPTION SECTION
No change.
1. No change.
2. ESTATES DESIGNATION
No change,
a. Estates-Mixed Use District
1) through 5) No change.
6) Southern Golden Gate Estates Natural Resource Protection Overlay
[page 32]
Southern Golden Gate Estates is identified as a Natural Resource Protection Area
(NRPA) Overlay on the Golden Gate Area Future land Use Map; and are subject to
the follo'Ning provisions: NRP A Overlav orovisions of the FLUE.
1. Within those aroas, only agriculturo and diroctly rol:ltod uses and ene single
family dwelling unit per p:ll'cel or let created prior to June 22, 1999, shall be
allowed.
2. These interim dovelopment stand:lrds shall not be interpreted to :lffoct or limit
the continuatien of existing usee. Existing uses shall include thoso uses for
which all roquired permits have beon iccued, or ucoc for 'Nhich completed
:lpplic:ltions have beon received by tho County prior to June 22. 1999. Tho
continuation of existing uces shall include oxpancions of thm:c uecs if such
expaneions :lro consistent with or cle:lrly ancillary to tho existing use and do net
require a rezoning or cemprehensi'Je plan amendment.
a, These areas chall be refined as aotual data and analysis is mado available
during the Collier Ceunty Rural and Agrioultural :'\roa Assessment.
7) No change.
3. No change,
Maps 1 threugh 16 No change.
Delete Map 17 [page 40]
CPSP-2003-12
FUTURE LAND USE ELEMENT
FUTURE LAND USE MAP SERIES
TRANSPORTATION ELEMENT
_. CONSERVATION AND COASTAL MANAGEMENT ELEMENT (CCME)
CAPITAL IMPROVEMENT ELEMENT (CIE)
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"..,,",..- c.-._" ..._"
CCPC Recommendation:
By vote of 710, the CCPC recommended to the BCC to transmit petition CPSP-2003-12 to the
Florida Department of Community Affairs, subject to one change: 1) do not include the changes to
the CCME or CIE policies regarding density in the Coastal High Hazard Area (CHHA). The CCPC
believes the intent of these existing CCME and CIE policies is, or may be, to limit density in the
CHHA to four dwelling units per acre. The CCPC-recommended changes are reflected in the
transmittal Resolution Exhibit A for petition CPSP-2003-12, and are depicted below.
Speakers:
None.
Petition CPSP-2003-12 language:
FUTURE LAND USE ELEMENT
"DENSITY RATING SYSTEM
This Density Rating System is only applicable to areas designated: Urban, Urban - Mixed Use
District, as identified on the Future Land Use Map, and those properties specifically identified
within the Urban Residential Fringe Subdistrict, which are eligible to apply for an Affordable
Housina Density Bonus only, and exclusive of Urban areas encompassed by the Immokalee Area
Master Plan, Golden Gate Area Master Plan, and Marco Island Master Plan; and,
Agricultural/Rural, as provided for in the Rural Lands Stewardship Area Overlay for the Affordable
Housing Density Bonus only, The Density Rating System is applicable to the Urban Coastal Fringe
Subdistrict to the extent that the residential density cap of 4 dwelling units per acre is not
exceeded, except for the density bonus orovisions for Affordable Housing and Transfer of
Development Rights, and except as provided for in the BayshorelGateway Triangle
Redevelopment Overlay.
Within the applicable Urban Designated Areas, a base density of 4 residential dwelling units per
gross acre is permitted, though not an entitlement. This base level of density may be adjusted
depending upon the location and characteristics of the project. For purposes of calculating the
eligible number of dwelling units for a project (gross acreage multiplied by eligible number of
dwelling units per acre), the total number of dwelling units may be rounded up by one unit if the
dwelling unit total yields a fraction of a unit ,5 or greater. Acreage to be used for calculating
density is exclusive of~ the commercial and industrial portions of a project, except where authorized
in a Subdistrict, such as the Orange Blossom Mixed-Use Subdistrict, ~ and.. exoept for mixed
residential and commercial uses as provided for in the C-1 through C-3 zoning districts in the
Collier County Land Development Code, via conditional use: and. oortions of a oroiect for land
uses havina an established residential densitv in the Collier County Land Develooment Code,
This Density Rating System only applies to residential dwelling units. This Density Rating System
is not applicable to accessory dwellings or accessory structures that are not intended and/or not
designed for permanent occupancy... and is not aoolicable to accessory dwellinas or accessory
structures intended for rental or other commercial use; such accessory dwellings and structures
include guest houses, servants quarters, mother-in-Iaw's quarters, cabanas, guest suites. and the
like,
All new residential zonina located within Districts. Subdistricts and Overlavs identified above that
are subiect to this Densitv Ratina SYstem. shall be consistent with this Densitv Ratina SYstem.
exceot as orovided in:
. Policv 5,1 of the Future Land Use Element:
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,~-, . The Urban - Mixed Use District for the "vested" Port of the Isiands develocment:
. The Bucklev Mixed Use Subdistrict:
. The Commercial Mixed Use Subdistrict.
a. Densitv Bonuses
Consistency with the following characteristics may add to the base density, Density bonuses
are discretionary, not entitlements, and are dependent upon meeting the criteria for each
bonus provision and compatibility with surrounding properties, as well as the rezone criteria in
the Land Development Code, All new residential zoning chall bo consistent viith the Density
Ratmg System, except as provided in Policy 5.1 of tho F-uture Land Use Element.
1. Conversion of Commercial Zonina
If the project includes conversion of commercial zoning that is not consistent with any
Subdistrict allowina commercial uses which is not locatod .....ithin an Mixed Usa Activity Centor
or Interchange Activity Center, or '.vhich is not consistent with the Neighborhood Village
Contor Subdistrict, a bonus of up to 16 dwelling units may be added for every 1 acre of
commercial zoning which is converted. These dwelling units may be distributed over the
entire project. The project must be compatible with surrounding land uses,"
FUTURE LAND USE ELEMENT
"6. Livingston Road/Eatonwood Lane Commerciallnfill Subdistrict
This Subdistrict consists of 12,5 acres located on the west side of Livingston Road. south of Pine
Ridge Road, and north of Eatonwood Lane. The Subdistrict allows professional and medical
offices and indoor self-storage facilities to serve surrounding residential areas within a convenient
travel distance to the subject property, The Subdistrict is designed to be compatible with
neighboring commercial and residential uses,
The maximum allowed development intensities include 91,000 square feet of professional or
medical office use in buildings containing a maximum height of 35 feet, or 200,000 square feet of
indoor self-storage area in buildings containing a maximum of three stories and at a maximum
height of 50 feet. Should a mix of office and indoor self-storage facilities develop on the property,
for each two square feet of indoor self-storage area, one square foot of office area shall be
reduced from the maximum allowable office area permitted, Access to the property within the
Subdistrict shall be limited to a sinale riaht in/out turnina movement onto Livinaston Road. or to a
sinale access Doint onto Livinaston Road located alona the north boundary shared with the La
Costa Acartments proiect. The shared access point is the preferred alternative. However, if the
riaht in/out action is first utilized. in absence of a shared access aareement. but a shared access
aareement is later reached with the La Costa Acartments croiect. then Collier County shall have
the riaht to reauire the removal of the riaht in/out access coint and reauire construction of the
shared access coint. from Eaton'.Vood Lano and shall bo located af:> f3r to the west 3S roason3bly
possiblo. Addition31 accoss to tho proporty, in tho form of a right in/right out onto Livingston Road,
may be allowed where oompliance can be ectabliched with Collier County ".ccees M3nagement
Standards."
FUTURE LAND USE MAP
Create inset maps as part of the FLUM Map Series to depict the Copeland Urban designated area
and the Plantation Island Urban designated area,
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152 of 250
-",.~.,,,..- . _._._~_~.w___ _.~."- --~""-- ..,.~ ~,-,~-- "----',
CAPITAL IMPROVEMENT ELEMENT
"Policy 1.1.2:
The quantity of public facilities that is needed to eliminate existing deficiencies and to meet the
needs of future growth shall be determined for each public facility by the following calculation:
Q = (S x D) - r.
Where Q is the quantity of public facility needed,
S is the standard for level of service,
D is the demand, such as the population, and
I is the inventory of existing facilities.
A. The calculation will be used for existing demand in order to determine existing deficiencies,
The calculation will be used for projected demand in order to determine needs of future
growth, The estimates of projected demand will account for demand that is likely to occur
from previously issued development orders as well as future growth,
B. The County Commission will review all rezone requests. SRA desianation aoolications.
conditional use oetitions. and proposed amendments to the Future Land Use Element
(FLUE) affecting the overall County-Wide density or intensity of permissible development..
with consideration of their impact on both the variable "0" in the formula a = (S x D) - I, and
the overall roadway system, The County Commission shall not approve any such rezone
request. SRA desianation. conditional use oetition. or FLUE amendment.. that significantly
impacts either: (1) a deficient roadway segment or; (2) the BEBR high range growth rate
population projections through the five years of the annually updated Capital Improvement
Plan, on a continuously rolling basis, and then 95% of the BEBR high range growth rate
thereafter, for the variable "0", unless one of the following simultaneously occurs:
1. Specific mitigating stipulations are approved in conjunction with the rezone. SRA
desianation resolution. conditional use oetition. or FLUE amendment. to restore or
maintain the Level of Service on the impacted roadway segment;
2, The adopted population standard used for calculation of "a" in the formula a = (S x
D) - I is amended based on appropriate data and analysis;
3. The Schedule of Capital Improvements is updated to include any necessary
projects that would support the additional public facility demand(s} created by the
rezone. SRA desianation resolution. conditional use oetition. or amendment to the
Future Land Use Element.
C. Significant impact is hereby defined for Section B of this Policy as generating potential for
increased County-Wide population greater than 3% of the BEBR high rango population
projections for Parks, Solid Waste, Water, Sewer and Drainage facilities, or as generating a
volume of traffic equal to or greater than 3%of the adopted LOS standard service volume of
an impacted roadway.
CAPITAL IMPROVEMENT ELEMENT
"Policy 1.3.2:
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-,,- The calculated needs for public facilities will be based on the adopted level of service standards
and future growth projections within the coastal high hazard area. The Future Land Use Element
limits re81::1late& tRe alle'.'Jaele eJeFl&it'/ fer new residential development (thus a#e6ts obligations for
infrastructure expenditures) to n maximum of four d'Ncllina unit!:: ocr aroSE; acre within oortions of
the coastal high hazard area...,
[CCPC recommended this policy not be changed]
TRANSPORTATION ELEMENT
"Policy 5,1:
The County Commission will review all rezone requests. SRA desianation applications. conditional
use petitions, and proposed amendments to the Future Land Use Element (FLUE) affectina the
overall Countv-Wide densitv or intensitv of permissible development. with consideration of their
impact on the overall system, and shall not approve any such request that significantly impacts a
roadway segment already operating and/or projected to operate at an unacceptable Level of
Service within the five year planning period, unless specific mitigating stipulations are approved,
Traffic analyses to determine significant project impact shall use the following to determine the
study area:
a, On links (roadway segments) directly accessed by the project where project traffic is equal
to or exceeds 3% of the adopted LOS standard service volume;
b. For links adjacent to links directly accessed by the project where project traffic is equal to or
exceeds 3% of the adopted LOS standard service volume;
c. For all other links the project traffic is considered to be significant up to the point where it is
,-" equal to or exceeds 5% of the adopted LOS standard service volume,"
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
"Policy 12.2,2:
The calculated needs for public facilities will be based on the adopted level of service standards
and future growth projections within the coastal high hazard area. The Future Land Use Element
~ re81::11ates tRe alle'lIaele eJeFlsit'/ fer new residential developmen~ (thus affs€lte obligation to
infrastructure expenditures) to a maximum of four d'.vollina units oar aross acro within the coastal
high hazard area, In addition. oxistina zonina not vo!::tod shall bo ro ovaluatod within throc voan~
and mov ohanao to 0. donoit'llovol consiGtont '.\lith tho Futuro Land U!::o Elomont."
[CCPC recommended this policy not be changed]
CPSP-2003-13
CAPITAL IMPROVEMENT ELEMENT
CCPC Recommendation:
By vote of 7/0, the CCPC recommended to the BCC to transmit petition CPSP-2003-13 to the
Florida Department of Community Affairs, per staffs recommendation. Staff presented an
expanded Schedule of Capital Improvements at the CCPC hearing. Staff's recommendation is
reflected in the transmittal Resolution Exhibit A for petition CPSP-2003-13, and the text changes
are shown below (the Schedule of Capital Improvements is a spreadsheet and is attached to the
Resolution Exhibit A for petition CPSP-2003-13),
Speakers:
None,
57 Words with single underline are added; words with single strike tRf9l1ga are deleted - as recomme~Qadtem No. 8B
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Petition CPSP-2003-13 language:
(I)(IV) A4 County Potable Water Systems:
A4.1 County systems
County Water District - 185 gallons per capita per day
Goodland Water District - 185 gallons per capita per day
(1II)(IV)A4.2 City of Naples = 185 gallons per capita per day in the unincorporated service area
City of Everglades - 185 gallons per capita per day in the unincorporated service area
A4.3 Private potable water systems:
Sewage flow design standards as identified in Policy 1.3,1 of the Potable Water
Subelement of this Growth Management Plan.
(I) A5 County Sanitary Sewer Systems:
(III) A5,1 County systems:
North Sewer Service Area = 145 gallons per capita per day
South Sewer Service Area = 100 gallons per capita per day
(III)(IV) A5.2 City of Naples = 145 gallons per capita per day in the unincorporated service area
A5.3 Private sanitary sewer systems:
Sewage flow design standards as identified in Policy 1.2.1 of the Sanitary Sewer
Subelement of this Growth Management Plan.
(II) A6 County Solid Waste Disposal Facilities:
A6.1 Two years of constructed lined cell capacity at the average disposal rate for
the previous five (5) years
A6.2 Ten years of permittable capacity at the average disposal rate for the previous
five (5) years.
(III) A7 County Parks and Recreation Facilities:
A7.1 Regional Park land = 2.9412 acres per 1,000/pop.
A7.2 Community Park land = 1.2882 acres per 1,000/pop.
(III) A7.3 Recreation facilities = $240,00 capital investment per capita
Category B Public Facilities:
B1 County Library Buildings: 0.33 square feet per capita
(I){II)(III) 82 County Library Collection: 2,05 books per capita by FY 10
(III) 83 County Jail: 0.0024 beds per capita (2.4 beds per 1000 population)
(III) 84 County Emergency Medical Service: .000068 EMS units per capita (1 Unit/15,000
Population)
(VI) 85 County General Government Buildinas: 1,9 sauare feet oer functional resident
Cweiahted)
CPSP-2003-14
TRANSPORTATION ELEMENT
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155 of 250
--
CCPC Recommendation:
By vote of 7/0, the CCPC recommended to the BCC to transmit petition CPSP-2003-14 to the
Florida Department of Community Affairs, per staff's recommendation, Staff's recommendation is
reflected in the transmittal Resolution Exhibit A for petition CPSP-2003-14, and the text changes
are shown below. The two (2) Maps, TR-3 and TR-3A that replace the previous TR-3 are attached
to the Resolution Exhibit A for petition CPSP-2003-14).
Speakers:
None. .
Petition CPSP-2003-14 language:
TRANSPORTATION ELEMENT
A. FUTURE SYSTEM NEEDS [Page 1]
(III) 1. Travel Demand
The MPO Long Range Transportation Plan's Financially Feasible Plan and Needs Plan as adopted
on March 23, 2001, are hereby incorporated to define the major roadway needs for Collier County.
The 2025 Financially Feasible Plan is presented as Map TR-1 and shows the needed roadway
improvements that can be funded through the year 2025. Map TR-2 shows the total projected
roadway improvements needed by 2025, Note that the Financially Feasible Plan does not include
all needs identified through the Urban Area Transportation Study. It only includes the projects that
can be funded from reasonably anticipated revenues. While the total 2025 needs are estimated to
require funding of approximately 1,7 billion dollars, the cost feasible plan reflects funding of
approximately $1.5 billion, Based on recent efforts to treat transportation as a top priority, the
~ Board of County Commissioners has committed to increase revenues so that future needs are fully
met. As directed by the Board of County Commissioners, efforts are underway to develop
measures to close the 0,2 billion dollar shortfall between the total needs plan and cost feasible plan
through publicfprivate partnerships such as reserving right of way and drainage.
Appendix A presents the 2025 Transportation Plan resulting from the Urban Area Transportation
Study prepared by the MPO as additional data and analysis.
Map TR - 1 also serves as the Traffic Circulation Map that presents the number of lanes on Collier
County Roadways in 2025. Map - TR 3 shows the functional classification of the roadways and
TR 3A shows the future functional classifications tho multi modal faoilities in the county. The
refinement of these plans to incorporate updates to the MPO's Plan, development of a collector
road system and results of corridor specific studies, shall occur on a regular basis upon approval of
the Collier County Board of County Commissioners (BCC).
(III) 2. Traffic Circulation Constraints
In many parts of the Naples Urban Area. traffic circulation movements are constrained by the
natural features of the landscape such as the Gordon River. Still other parts offer constraints of
the man-made variety, such as golf courses and the Naples Airport. In many instances approved
developments (some existing, others not yet built) block the way of logical_ extensions of urban
collector and arterial roads.
The single most noticeable constraint is the Gordon River as it extends from the Naples Bay
northward under the East Tamiami Trail (US 41) to its connection with the Golden Gate canal
system,
-~
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- -.-
The characteristics of the highway network at this location resembles an "hour-glass'. On the
western extreme, US 41 and Goodlette Road converge on the narrow 'straits" of the Gordon River
bridge, while to the east, US 41 and Davis Boulevard do likewise. The result is the typical
"bottleneck" effect when too much traffic volume is forced through a constricted area.
The other contributing factor to current and future congestion problems is associated with the
northwest/southeast configuration of the East Trail (US 41). Because this roadway converges with
the east/west and north/south roadways at an angle it has the impact of forcing or "squeezing" the
travel demand into the confined area of the Gordon River corridor. This one roadway serves both
the north/south and the east/west travel demand in the East Naples area,
CPSP-2003-15
FUTURE LAND USE ELEMENT
GOLDEN GATE AREA MASTER PLAN
IMMOKALEE AREA MASTER PLAN
CCPC Recommendation:
By vote of 7/0, the CCPC continued this item to the June 3 CCPC hearing, as requested by staff -
staff did not have this petition ready for the May 20 CCPC hearing. Staff will verbally present the
CCPC recommendation at the BCC hearing.
Speakers:
N/A.
Petition CPSP-2003-15 language:
FUTURE LAND USE ELEMENT
OBJ ECTIVE 7
In an effort to support the Dover. Kohl & Partners publication. Toward Better Places: The
Community Character Plan for Collier County. Florida. promote smart arowth policies. and adhere
to the existina development character of Collier County. the followina policies shall be implemented
for new development and redevelopment projects. where aeelicable.
Policv 7.1
The County shall encouraae street connections to frontina collector and arterial roads. exceet
where no such connection can be made without violatina intersection seacina reauirements of the
Land Development Code,
Policy 7.2
In connection with the Planned Unit Development (PUm monitorina by the County. evaluate
sunsetted PUD's as to the seacina and connectivity of local streets and interconnections with
adioinina neiahborhoods or other develoement eroiects.
Policy 7.3
The County shall encouraae new develoements to erovide walkable communities with a blend of
densities. common oeen seaces. civic facilities and a ranae of housina erices and tvees,
60 Words with single underline are added; words with single strike lhFellgh are deleted - as recomme~Qa-rltem No. 8B
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157 of 250
~-, Policy 7.4
The County shall encouraae mixed-use develooment within the same buildinas by allowina
residential dwellina units over and/or adiacent to commercial development. This policy shall be
imolemented throuah orovisions in soecific subdistricts,
Policy 7.5
The County shall exolore the creation of an urban "areenway" network alona existina maior canal
banks and Dowerline easements.
Policy 7.6
The Community Develooment and Environmental Services Division will continue to research smart
growth oractices in an effort to imorove the future of Collier County by soecifically addressina land
uses and transoortation olannina for future arowth and develooment.
cCPe Rec. Transmittal 2003 cycle 1 petitions G, Corrp, Comp Plan Amendments, 2003 cycle GMP Nn dw15-24--04
.,--
-
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158 of 250
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Agenda Item a.E.
c:;o~~ <::;Ou:n-cy
~~~, . . ~. .. ~.-..~. -.......n
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
DIVISION, COMPREHENSIVE PLANNING DEPARTMENT
DATE: May 20, 2004
RE: PETITION NO, CP-2002-02, GROWTH MANAGEMENT PLAN
AMENDMENT [TRANSMITTAL HEARING]
AGENT/APPLICANT/OWNER
Agent: Ronald Nino, AICP
Vanasse Daylor
12730 New Brittany Blvd., Suite 600
Fort Myers, FL 33907
Applicant: Keith & Jeff Basik
Vanguard Funding, L.C.
720 Goodlette Road, Suite 305
Naples. FL 34102
Owner: Vanguard Funding, L.C,
720 Goodlette Road, Suite 305
Naples, FL 34102
OBJECTIVE:
The petitioner is seeking to amend the provisions of the Agricultural/Rural Designation,
Rural Fringe Mixed Use District, in order to allow the subject property to serve as a
potential expansion area for an adjacent flea market. This comprehensive plan
amendment petition was originally submitted in 2002. However, review of the petition
was placed on hold due to the administrative hearing process associated with State
approval of the County's Rural Fringe Amendments, during which time the June 22,
1999 Finol Order provisions remained in effect. The Amendments became effective in
July of 2003, and the subject amendment petition may now go forward.
BACKGROUND:
GeoaraDhic location:
The proposed Naples Big Cypress Commerce Center Subdistrict consists of an
approximately 9,79 acre parcel, located at the northeast corner of the intersection of
Trinity Place and U.S. 41, East, within Section 17, Township 51South, Range 27East.
Agenda Item No. 88
June 8,2004
1590f1250
- The proposed subdistrict is within the County's designated Rural Fringe Mixed Use
District/Receiving lands. (See attached Exhibit "A")
PuroosefDescriotion of Proiect:
The two parcels located immediately to the west of the subject property are currently
zoned C-5 and C-4, respectively, and are approved for a flea market. The Flea Market
was approved for 87,500 square feet of retail space. The purpose of the proposed
subdistrict is to enable future expansion of the flea market and associated uses into the
g,7-acre parcel. The three parcels, as well as a nearby parcel zoned TTRVC (travel
trailer/recreational vehicle campground), are under common ownership.
Surroundina Land Use. Zonina And Future Land Use Desianation:
Existing Conditions: The subject site is zoned rural agricultural district (A), and appears
to consist of a vacant agricultural row crop area. This site is designated
Agricultural/Rural, Rural Fringe Mixed Use District, Receiving Lands on the Countywide
Future Land Use Map, Permitted uses in Receiving lands include:
Agriculture
Single-family residential units, including mobile homes where a mobile home overlay
occurs, and subject to Rural Fringe TDR provisions
Multi-family residential structures, subject to LDC standards yet to be developed
Rural Village mixed use projects
Dormitory/staff housing associated with conservation uses
Group housing subject to certain limitations
-,~ Staff housing associated with safety services and essential services
Farm labor housing subject to density limitations
Sporting and recreational camps
Essential services
Golf courses, subject to Rural Fringe TDR and design provisions
Commercial development as part of a Rural Village
Research and technology parks as part of a Rural Village
Zoos, aquariums, botanical gardens or similar uses
Public and private schools, subject to certain conditions
Solid waste collection, transfer and processing facilities
Community facilities, including churches, childcare facilities, cemeteries and
social/fraternal organizations
Sports instructional schools and camps
Earthmining and oil extraction facilities and related processing
Asphalt and concrete plants
Surrounding Land Use:
To the east of the subject property, across Trinity Place, are other properties that are
also within the designated Receiving Area, The parcel directly east of the subject
property contains a single family home and guesthouse. To the north of this parcel are
two parcels that contain a developing single-family home subdivision. All of these
parcels are zoned rural agricultural district (A).
To the north of the subject property, there are two parcels that appear to contain uses
- associated with the concrete batch-making plant located within the C-4 and C-5 zoned
parcels (see below). These properties are zoned rural agricultural district (A), and are
Agenda Item No. 88
June 8, 2004
160 of2250
'-- .-_.~....^ __'~n__ .....,. F.- " '" ... ~_._'~-"".-"
.--~...-~--
designated Agricultural/Rural, Rural Fringe Mixed Use District, Receiving Lands on the
Countywide Future Land Use Map.
To the west of the subject property are the C-4 and C-5 parcels referenced in the project
description section above, These properties are currently being used for the concrete
plant. However, the commercial properties are approved for development of the Big
Cypress Flea Market (87,500 square feet), These properties are designated
Agricultural/Rural, Rural Industrial District, on the FLUM.
Northwest of the subject site is an area zoned TTRVC, that is approved for development
of a recreational vehicle park. This property is under common ownership with the
commercial (flea market) parcels and the proposed Subdistrict. This area is currently
vacant, but appears to be under land clearing. This property is designated
Agricultural/Rural, Rural Fringe Mixed Use District, Receiving Lands on the Countywide
Future Land Use Map.
South of the subject property, across U.S, 41 (East Tamiami Trail), is an area
designated Agricultural/Rural, Rural Fringe Mixed Use District, Neutral Lands, This area
is currently zoned PUD (Fiddler's Creek/Marco Shores PUD/DRI). Directly across U.S,
41 from the subject property is a vacant parcel that is also zoned rural agricultural district
(A),
Environmental Impacts:
Aerial photographs show that the site has been partially cleared and used for the
purpose of growing row crops. An environmental analysis of the property submitted by
the petitioner states that approximately 9.3 acres of the site is currently in fallow
cropland. An unvegetated drainage ditch exists between the subject parcel and U,S. 41.
The southernmost portion of the site contains an area that the petitioner classifies as
"Cypress-Disturbed."
The petitioner's environmental consultant conducted a protective species survey of the
project site in 2002. The consultant provided a table of protected animal species that
could occur onsite, given the condition of the property. However, none of these species
was actually observed. It is likely that the on site cypress trees do contain some
protected air plant species. However, the environmental analysis does not mention
these plants.
The environmental analysis submitted as part of the plan amendment concludes with the
following note: "Although the current comprehensive plan amendment request does not
require that wetlands be delineated on the subject property, for future site planning and
development application purposes, a comprehensive wetland delineation (especially
within the fallow agricultural field) will be necessary."
Archaeological Impacts:
The subject site is in the general vicinity of portions of the County wherein
archaeological sites or artifacts are known to occur, or which have a high probability of
site/artifact occurrence. In April of 2002, the petitioner submitted a letter to the State
Division of Historical Resources and State Historic Preservation Office, requesting a
review of site and artifact records in reference to the subject property. However, the
petitioner has not submitted any evidence that the Division replied to the letter.
Therefore, staff recommends that a historical/archaeological survey of the site be
conducted prior to the initiation of any proposed onsite developmen.A.~ne~\NIi', 88
June 8, 2004
161 of3250
- that the petitioner provide a response from the State indicating that no archeological or
historical resources are known to exist on the subject property.
Traffic CapacitylTraffic Circulation Analysis:
At the petitioner's request, Vanasse & Daylor, LLP analyzed the potential trip generation
for the proposed project. According to their analysis, the segment of roadway most
impacted by the proposed project is U.S. 41, west of the proposed Commerce Center.
According to Policy 1.1.2.C, of the Capital Improvement Element of the Collier County
Growth Management Plan, a "significant impact" to a roadway is defined as:
"...generating a volume of traffic equal to or greater than 3% of the Level of
Service C peak hour volume of an impacted roadway,"
However, this criterion is only applicable to roadway segments that meet the test of
being deficient. The Collier County Annual Update and Inventory Report (2003 AUIR)
does not show this segment of U.S. 41 East as being deficient. Therefore, the proposed
plan amendment does not create a "significant impact", as defined by Policy 1.1.2.C.
However, the subject portion of U.S. 41 is maintained by the Florida Department of
Transportation, and not Collier County.
Under the State's "Transportation Uniform Standard Rule" (9J-2,045, Florida
Administrative Code), a project is found to have a "significant and adverse" impact on a
state or regionally significant roadway, if it meets both of the following criteria:
(1) The project will utilize 5% or more of the maximum peak hour service volume of
- the roadway, at the adopted level of service standard; and,
(2) The roadway is projected to operate below the adopted level of service standard,
Under these criteria, Vanasse & Daylor's analysis shows that the proposed development
will "significantly and adversely" impact U,S. 41 East in 2005,
Vanasse & Daylor recommended postponing traffic impact mitigation until such time as
the petitioner files for a rezone or a site development plan, subsequent to receiving an
approved Growth Management Plan Amendment.
Public Facilities Impact:
The proposed project is commercial in nature, so it is unlikely to have a direct impact on
the County's park and recreation facilities, Likewise, the project will not have a direct
impact on Collier County public schools.
Potable water and sanitary sewer service will be provided by Collier County Public
Utilities. The average daily potable water demand is projected to be 43,850 gallons per
day, with a potential peak daily demand of 109,625 gallons per day. The average daily
wastewater treatment demand is projected to be approximately 35,000 gallons per day.
Peak daily demand for wastewater treatment could reach 122,500 gallons per day.
The project is located within the East Naples Fire District. The closest fire station is
approximately five miles from the site (on Collier Boulevard). The fire station would also
provide emergency medical services.
.-.
A drainage ditch exists on the subject property (see above). This ditch will most likely be
the receiving body of water for the Commerce Center, Drainage re~~~teml~ 88
June 8, 2004
162 of4250
~ - ""-,,.,-. --'" "-".,~.."... '..."-""
governed by the South Florida Water Management District and by the Florida
Department of Transportation,
Waste Management of Collier County will handle the solid waste disposal services for
the project.
Staff notes that, with regard to public facilities impacts, and pursuant to CIE Policy 1.1,2,
a significant impact in population is a potential increase in countywide population by >
3%. However, as a commercial development, the proposed project would not increase
population and, in fact, could be said to reduce population as the eXfsting Rural Fringe
receiving lands are intended (within the FLUE) primarily for residential development.
Commercial Demand Analysis:
The petitioner prepared an "Economic Justification" for the proposed Growth
Management Plan Amendment. The subject parcel is located within Collier County's
Royal Fakapalm Planning Community. The petitioner based their economic analysis on
the projected population for the year 2010 (based on the 2000 Census) for the planning
community, and on the projected populations of existing and approved PUDs in the
surrounding area. Based on these considerations, the petitioner estimated that there
could be 6,064 households (i.e., occupied dwelling units) within the planning community
by the year 201 O.
The petitioner noted that this estimated number of households would support a medium
size shopping center (100,000 - 150,000 square feet). Additionally, the petitioner polled
existing flea markets in Bonita Springs and Fort Myers, and found that these markets
draw customers from a 10 - 15-mile radius. The approved flea market is currently
approved at 87,500 square feet of retail space, There are no other existing or approved
large or medium-size commercial developments within the project area, The petitioner
has stipulated that development of commercial uses within the proposed Subdistrict
would only occur after the approval of building permits for the Naples Big Cypress Flea
Market, on the adjoining commercial properties. Staff finds, therefore that commercial
development on the subject parcel appears to be viable,
REQUESTED ACTION:
This petition seeks to amend the Future Land Use Element (FLUE) and Future Land Use
Map to create a new commercial subdistrict, to be known as the Naples Big Cypress
Commerce Center Subdistrict, on approximately 9,79 acres of land. The area in
question is located within the Rural Fringe Mixed Use District, and is designated
"Receiving Lands."
The proposed map amendments are to the Future Land Use Map and map series and
would show the new Subdistrict immediately adjacent to a designated Rural Industrial
area. The proposed text amendments, as submitted by the petitioner, are as follows:
2. NaDles Bia CVDress Commerce Center Subdistrict [new text, page 52]
Existina Commercial C-5 and C-4 zonina districts, vested under the County's
reevaluation oroaram. will result in the ootential develooment of a Rural Frinae Mixed
Use Activitv Center. Recoanizina this fact. and its imDact on adiacent land contiauous
the east side of the existina C-4 commercial zonina district. this action is intended to
desianate the Darcel of land Ivina between the existina C-4 commercial zonina district
and Trinity Place on the north side of the East Tamiami Trail as the Na~~~&N6aJ!ilIN~ 88
June 8. 2004
163 oP2S0
Commerce Center Subdistrict to orovide sufficient land area for the viable functionina of
,~ a mixed-use commercial area. Reference to the existina C-4 and C-5 zonina districts is
for the ouroose of assurina an intearated develooment with the land that will comorise
the Naoles Bia Cvoress Commerce Center Commercial Subdistrict. A unified olan of
develooment. which incorcorates the orooosed develooment of a Flea Market on the
existina C-4 and C-5 commercial zonina districts, contiauous the west side of the
desianated Naoles Bia Cvoress Commercial Center Subdistrict. toaether with the land
comorisina the Naoles Sia Cvoress Commerce Center is reauired as a orereauisite to
initial develooment of the land which comorises the Naoles Bia Cvoress Commerce
Center . The intent is to allow for the exoansian of the Flea Market with certain
limitations as herein defined. and to allow comolementarv additional mixed-use
commercial activities on the Naoles Bia Cvoress Commerce Center tract.
Develooment of the Naoles Bia Cvoress Commerce Center. containina some 9.7 olus or
minus acres will be aoverned bv the followina criteria:
a. Rezonina is encouraaed to be in the form of a PUD.
b. A unified olanned develooment with a common architectural theme that is
consistent and intearated with the architectural theme of the Flea Market
orooosed for the adiacent C-4 and C-5 zoned districts toaether with an
intearated oarkina lot and oedestrian circulation system throuahout the
intearated develooments will be develooed.
c. Consistent with traditional Flea Market commerce uses all leaallv
oermitted retail and service functions will be allowed includina the aeneral
ranae of retail merchandize. food service, aasoline service station and
motel/hotel accommodations.
_. d. The maximum aross floor area of all uses shall not exceed 7.500 sauare
feet oer acre or 75.000 sauare feet whichever is the lesser.
e. Land uses not functionallv a oart of the Flea Market shall be limited to
25.000 sauare feet of cross floor area, With the exceotion of a
motel/hotel no structure indeoendent of the Flea Market shall exceed a
floor area of 5.000 sauare feet. Land uses shall be limited to those
havina a neiahborhood market service area and those that serve the
travelina oublic recoanizina the scenic hiahwav attributes of the East
Tamiami Trail.
f. No buildinas shall exceed a heiaht of one stOry with the exceotion of a
motel/hotel. which may be three stories in heiaht.
g, Access shall be limited to Basik Drive and Trinitv Place.
h. A 50 foot landscaoed buffer is reauired oarallel and adiacent to the East
Tamiami Trail. Everv effort will be made to create an Old Florida
architectural and comolimentarv landscaoe theme. however. this shall not
be construed to deny visual access to the uses on the orooertv but rather
set them in a landscaoed environment.
i. Automobile oarkina lots shall visuallv be screened from views from the
East Tamiami Trail with veaetation and/or earthen berms to the areatest
extent oossible. exceot that this shall not orevent views of buildina
structures so that it becomes imoossible for ootential users to associate
the site as a commercial attraction,
j, Develooment of the land may not oroceed until such time as buildina
oermits have been obtained for 40.000 sauare feet of retail soace in the
contiauous C-4 and C-5 zoned orooerties,
....,,-
Definition: Flea Market: A Flea Market is a sinale or intearated and connected
series of buildinas that house a variety of retailina funct~ijn~~heR!~lif 88
June 8, 2004
164 016250
. --... .-=-------.
merchandize. with limited service uses includina those of orovidina food and
beveraae. oersonal care and similar service uses. all of which are tenant or
leased occuoancv soaces within the Flea Market structure. Individual tenant or
leased soaces are aooroximatelv but not exclusivelv limited to an area of 144
sauare feet. however individual tenants mav rent or lease multiole contiauous
soaces not to exceed 10 soaces."
Proposed Language:
In reviewing the draft amendment language submitted by the petitioner, staff has noted
the following concerns:
1. As previously noted, the section of the FLUE relating to the Rural Fringe Mixed
Use District is formatted in such a manner as to not allow for subdistricts. In
submitting the proposed Naples Big Cypress Commerce Center (NBCCC)
Subdistrict, the petitioner intended that the NBCCC be a subdistrict within the
Rural Fringe Mixed Use District. Comprehensive Planning staff is of the opinion
that this proposal is inappropriate for the Rural Fringe Mixed Use District, for
three primary reasons:
a} Formatting concerns, as noted,
b} The primary purpose of the Rural Fringe Mixed Use District is to regulate
the location and density of residential development consistent with the
Administration Commission's Final Order of June 22, 1999, While the
District does contain limited provision for commercial uses, the majority of
such uses are required to be associated with the development of a Rural
Village project. The proposed subdistrict is neither residential, nor
associated with a proposed Rural Village. Therefore, the subdistrict is
inconsistent with the purposes of the Rural Fringe Mixed Use District.
c} The neighboring C-4 and C-5 commercial properties, as associated with
the proposed Subdistrict, are located within the Rural Industrial District.
Staff recommends placing the proposed subdistrict within the
Agricultural/Rural Mixed Use District. If so placed, the Naples Big
Cypress Commerce Center (NBCCC) Subdistrict would be the second
commercial subdistrict within the District.
2. The language submitted by the petitioner is not consistent in referencing the
name of the proposed subdistrict. Staff has made certain that every such
reference refers to the "Naples Big Cypress Commerce Center Subdistrict."
3, Staff has made certain changes to the petitioner's proposed language for the
purpose of removing redundancies, and for clarification. As drafted, some of the
submitted text would be difficult to implement or interpret. Prior to adoption, staff
will recommend further refinements to the text for the purpose of establishing
greater clarity and easing implementation.
4. The petitioner's reference to "traditional flea market commerce use" is vague,
and is not supported by either the FLUE or LDC, Instead, staff proposes to
reference the C-4 and C-5 zoning districts, as per the LDC, which, taken
together, appear to contain all of the uses desired by the petitioner.
Agenda Item No. 88
June 8, 2004
165 of'l250
5. In the proposed amendment text, the petitioner included a definition for "flea
market. " Comprehensive Planning staff believes that such a definition is
unnecessary. Nor is it consistent with the format of the FLUE. Therefore, staff
has recommended deletion of this definition.
AariculturallRural - Mixed Use District
2. Nacles Bia Cycress Commerce Center Subdistri~t [new text, page 69]
~~i~:: ;:~~8Feial C Iii elREf ~ ~ z8.RiR,e Efi6tFiste. vBsteEl wREler U~8 ~~~Rt:'~ ~)~~~~~~
. r I it aREf C 1 aSRIR8 Ell8tnsts. V8St8E1 wREl8r tt;l8 C8WRt'/S r88'}~r:~~I~~
~:i;,~~i~ ~8:;!t iR t~s :8t8Rti81. El8.vslsB~8Rt 8~ a RWFal FFiR88. ~,1i)(8E1 ~~!:~t~'~
_ t .. 8_R 11'18 U<1IS f at. BREI Its I~Ba8t 81'1 891BS8Rt JBREI S8Rtl8W8WS tl:'18 8BSt 8188
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.. 9 I . . . 8feF~Rse t8 tR8 8)(1StlR8 C ~ ~RiI C it 281'111'18 lill~trlst8 18 :~~ ~~~
:~::~ ~~ ;~;~FIR8 8R IRt8:Fiate9 Ele'l8Ie8R'leRt 'JJI~A tA8 I~REI, t\;1at will ~aF'1"l8FI~~ tA,:~
I I Q _ C'/BF.88C, CaR'l~ FS8 C8Rter C8R'lR'lerelal ~W89IstFlet. p, WRlfl~~ e::R 0.:
::~~:;;~t~~~;ISI:'1 IRS8F:FBt8~ tR8 B~8B8S~iI .il8V818B~8Rt 8f B FI8B ~1erl.~t ~~ ~~~
. I I. . 9 C it S8 F'1"I8rsIBI 28RIR8 81strlsts, S8Rtl8W8WS tt;l8 'N81iit SI8S af tt;le
:::~~~~ ~la8le8 Qi: c.~8ress Ca~R'-lersial CeRt8r iW~8i8tris!. te8atA8r wit~ ~.~, ~~~
. Br ~ tt;l8 ~laBl8 151 C'/8r8ss C8~~8Fse CSRt8r IS F88limS8 8S 8 8Fersawl~t~ ~~
~ti~ ~S',';IS:~8Rt sf tR8 181'18 wRisR S8R'l8Fi1ii81ii tRe ~IBBle8 Qi8 C'/BFaslii C8F'1"1F'1"18rSe
C;~;~r' Tt;l iRt8Rt is t8 811ew fer tt;l8 8~(8BRSi8R af tR8 FI8a ~.1Brl(et witt;l s~~~~
Ii i 'eRs BS 1:'18FSiR 8sflAB8. aR8 ts BIIBV: sB~8Is~BRtElF\' a88itioRal mh(sel weo
GS~~8rsiBI aeti\'itiss eR tRs ~laBlelii Qil;l CV8Fess C8~R'lerSS CeFltsr trast.
~:~~ ~~~~~~r:~~~~~i~t comorises aooroximatelv 9 79 acres is located at the northwest
t;"':~;~~~~d~; ~~~ of U .S 41 East (Tamiami "!'rail). and Trinit~ Place ,It is int~nded
\ ~ " _ t _ mercia! develooment onmanlv associated with adlacent
c~:~~0i:~ ~~~~~ (~~::d C-4 and C-5) under common ownershio with the subiect
o ,\ ,... r I ined below It is further intended that the existina C-4 and C-5
~~1~d ~a~~e~; i~~~~~~:~\h th~ la~d contained in this Subdistrict will be Dart of a
u II. ed I. . which Incorcorates the orooosed develooment of a Flea
~a~k;t ~~ th~ ;xi~ti~~ 6-4 and C-5 commercial zoned oarcels. toaether with the land
;~:~~:~~i~~~ ~~di~trict . T~e .int?nt of the S~bdistrict is to allow for the exoansion of
I t ~th certain limitations as herein defined and to allow comolementarv
additional mixed-use commercial activities in the Subdistrict.
Develooment of the ~laBlss Qi8 C\'BFSSS CaR'-lF'1"lSFS8 CeRt8r Subdistrict. eSRtaiRiR8 SSF'1"l8
Q.? Blwlii 8r R'liRWIii aereE:: will be aoverned bv the followina criteria:
a. ~~[ezonina is encouraaed to be in the form of a PUD.
b, A unified 81aRR8Ei1 olan of develooment is reauired, wKR It must include a
common architectural theme that is consistent elA8 iRts8Fate8 with the
architectural theme of the Flea Market orooosed for the adiacent C-4 and C-5
zoned districts te8stlo1sr v:itt;l and must include ElF! iRte8rate8 a oarkina lot and
oedestrian circulation system tl:'1r8wal:'1swt tt;l8 intearated 8s'JslsBR'lSRtlii will 88
- El8vsIsBe8 with the adiacent C-4 and C-5 develooment.
c, CSRsistsRt \VitA traelitisAal FIBa Marl{st eS~R'-lSr8S WEiBS ElII ISlifall)' I3Br~itt8el
rstail aREI sSJ?:iss fWFleti8Rs will 88 Blle'N8E1 iR8lweliFl" tl:'18 "8RsFal rBR"s ef
retail F'1"ISFSI:'1BREli2s, feS8 88P.'iss, "assURS s8P1ies Iiitati8}\~~~fif~V~.1 88
June 8, 2004
166 oFY250
---- , -_. . --."
_.._.,,~ _.~,",..., .-~~-_."
aSSSFRFRselatisAs. The Subdistrict shall allow all uses contained in the C-4
and C-5 zonina districts as of the date of adootion of this Subdistrict.
includina the aeneral ranae of retail merchandize. food service. aasoline
service station and motel/hotel accommodations.
d. The maximum Qross floor area of all uses shall not exceed 7.500 square feet
per acre. or 75.000 square feet total whichever is the lesser.
e. land uses not functionally a part of the Flea Market shall be limited to 25.000
sauare feet of aross floor area. With the exceotion of a motel/hotel no
structure independent of the Flea Market shall exceed a floor area of 5,000
square feet. land uses shall be nmited to those havina a neiahborhood
market service area and those that serve the travelina public reco\lnizina the
scenic hiahway attributes of the East Tamiami Trail.
f. No buildinas shall exceed a heiaht of one storv with the exceotion of a
motel/hotel. which mav be three stories in heiaht.
g, Access shall be limited to Basik Drive and Trinitv Place.
h, A 50 foot landscaped buffer is reauired parallel and adiacent to the East
Tamiami Trail. ~velP: SffSR willBs FRaels ts SrElBts aA Olel FlsFiela ar8Rits8hHGlI
BAeI 8sFRBIiFRSAtBP: IBAels8aBs tRSFRS. RSWS'.'SF. tRis 8101all ASt Be seA8trwee! te
98F!': ':is\,leil S8S8bS te tl<1e WS8b eR tl;18 BreBsw: Bl.lt Father set tl<1eFR iF! (l
leAe!8sBBee! eA...i~eAFReAt.
i. Automobile parkina lots shall be visuallv Qe screened from views from the
East Tamiami Trail with veaetation and/or earthen berms. to the areatest
extent possible. e)(8eBt tReit tl;1is sl;1sl1 Flet BrsvsRt views 9f B\,lileliR9 stl1:lEJtl.lret:
8e tl;1et it Be8eFRe8 iFRB9SsiBle fer 8etsAtiel l!I8er8 1e a88esiate tl;1e site as 61
8eFRFRer8iel attre8tiePl.
j. Development of the land may not proceed until such time as buildina permits
have been €lBtQh~8El issued for at least 40,000 square feet of retail space in
the contiauous C-4 and C-5 zoned properties,
gEl~AitieA: Flea rJe~l{et: !'. Flea MeUI{et is a EiiFl!Jle er iFlte!Jratee! 8Re! sSAFle8tee! ssrie8 ef
Bl:lilEliFl!:js tACIt Ae\,lEi8 Q varisty 8f retailiR!:j fl:lAs1isAEi aR8 s81s sf FRsrslo1aAelizs, v:itlo1liFRiteEl
EiePJise \,lSSS iFlsll!Ie!iA!J 11;1sse sf ~rs\'ie!iA!J fsseI 8Ae! Bst.'er8!Je, ~er88Aal S8rs aAe! siFRilar
sep:iss WEie8, all ef VJl;1islo1 ars teRsRt sr Isa8s8 SSSl!I~8ASY s~8se8 witl;1iA 1101s r;ls8 ~.1ar({et
strwstw re , IAeli'Jie!wBI teR8Rt sr leaseel S~BSS8 ars e~~re){iFRately Bl!It ASt s)(slwsi'!ely
Iimiteel 18 aF! area 8f 14 4 S~l:Iar8 fest, ReV/ever iRsi\'i81:1ClI t8RClF!tS FRay rSFlt er lease
FRwlti~ls sSR1i!Jwsws s~esss Fist ts s)(ss8e11 Q S~888S,"
Note: In the staff recommended language, above, single underlines and single strikeouts
represent language changes proposed by the petitioner, whereas double underlines and
double strikeouts represent language proposed by staff.
Aoorooriateness of Chanae:
Given that the subject property is located within the County's Agricultural/Rural
Designation, and thus within the geographic area that was covered by the Administration
Commission's Final Order of June 22, 1999, it is appropriate to assess the consistency
of the proposed development with the provisions of the Final Order. Therefore, staff
makes the following findings with regard to such provisions:
1. Identify and propose measures to protect prime agricultural areas. Such
measures should prevent the premature conversion of agricultural lands to
other uses.
Agenda Item No. 88
June 8, 2004
167 ot9250
"""''''. Although the property in question has been previously farmed, it is not currently being
used as such. The property is part of a designated "Receiving Area" within the Rural
Fringe Mixed Use Subdistrict. Therefore, it is likely that, if not developed as commercial
property, it would one day be part of a residential development. Therefore, development
of the property is not "premature." Finally, no lands within the project area have been
designated as "prime agricultural lands."
2. Direct incompatible uses away from wetlands and upland habitat in order
to protect water quality and quantity and maintain the natural water regime
as well as to protect listed animal arid p1ant species and their habitats.
As noted previously, the petitioner has committed to perform comprehensive wetland
delineation prior to any onsite development. No listed species of plants or animals have
been observed onsite, Those species that may potentially occur onsite would be most
likely to occur within onsite wetlands. Therefore, wetland preservation and/or mitigation
activities associated with environmental permitting would benefit these listed species.
3. Assess the growth potential of the Area by assessing the potential
conversion of rural lands to other uses, in appropriate locations, while
discouraging urban sprawl, directing incompatible land uses away from
critical habitat and encouraging development that utilizes creative land use
planning techniques including, but not limited to, public and private
schools, urban villages, new towns, satellite communities, area-based
allocations, clustering and open space provisions and mixed use
development. The Assessment, or any phase thereof, shall recognize the
- substantial advantages of innovative approaches to development which
may better serve to protect environmentally sensitive areas, maintain the
economic viability of agricultural and other predominantly rural land uses,
and provide for the cost efficient delivery of public facilities and services.
The proposed development will not represent urban sprawl because it will be receiving
public sewer and potable water services. The subject property is adjacent to a
designated commercial area, Therefore, commercial uses for the proposed subdistrict
are both appropriate and compatible, The proposed flea market use has been approved
for the adjacent C-4 and C-5 zoned parcels. Given that the subject property is within a
Rural Fringe receiving area, it is unlikely that it will continue to have "predominantly rurar
land uses. If not developed as a commercial parcel, it will most likely be developed as
part of a larger residential project.
Staff notes, however, that the proposed commercial uses are not consistent with the
intent of the Rural Fringe Mixed Use Subdistrict as regards the designation of proposed
Naples Big Cypress Commerce Center Subdistrict. The intent of the current receiving
lands designation is to promote high-density residential development, subject to the
Rural Fringe Transfer of Development Rights (TDR) Program, Commercial development
within receiving areas can only occur as part of an approved Rural Village Mixed Use
Development. The petitioners do not propose to construct residential development. Nor
do they propose to either construct or be part of a designated Rural Village,
Staff has previously noted that the format of the Rural Fringe Mixed-Use District within
the FLUE does not allow for designation of any subdistricts. Therefore, Comprehensive
Planning staff has recommended removal of the subject property from the Rural Fringe,
- and placing of the new subdistrict within the Agricultural/Rural Mixed Use District.
Agenda Item No. 88
June 8, 2004
168 df0250
~_."'~ ..~,~,... ~.._,-~ .'--~~"~"'
Whether or not the proposed subdistrict remains within the Rural Fringe Mixed-Use
District or moves into the Agricultural/Rural Mixed Use District, its creation will effectively
prevent the subject property from purchase of Rural Fringe TOR credits. All receiving
properties must purchase TOR credits to develop to their full potential under the Rural
Fringe Mixed-Use District. By itself, the proposed subdistrict is too small to purchase
TOR Credits (minimum of 40 acres required). However, as part of a larger residential or
Rural Village project. it could be entitled to receive some number of credits, based upon
the size of the total project. A property may purchase sufficient TOR credits to arrive at
a density of 1 unit per acre. Thus, if part of a 40-acre or larger development, the subject
parcel could purchase 8 TOR credits (9 units/9+ acres). (Note: The property is already
entitled to construct 1-unit/5 acres, so 1 unit is allowed by right.) Staff estimates that
there are approximately 5,300 TOR credits available for purchase within the entire Rural
Fringe Area, Therefore, the impact of this project on the TOR Program is negligible.
FindinQs And Conclusions:
. The proposed commercial subdistrict is not consistent with the intent of the Rural
Fringe Mixed-Use District as it is neither residential nor part of a larger Rural
Village development.
. The proposed commercial subdistrict would be consistent with the intent of the
Agricultural/Rural Mixed-Use District.
. The adjoining C-4 and C-5 commercial parcels, to the west of the subject
property, have been approved as the "Naples Big Cypress Flea Market" (87,500
square feet),
. The petitioner has stipulated that commercial development of the subject
property would not occur until after the issuance of building permits associated
with the flea market. Further, the stated purpose of the proposed subdistrict is to
serve as a future expansion area for the approved flea market.
. Commercial development of the Naples Big Cypress Commerce Center
Subdistrict would be consistent with the stated goals of the Administration
Commission's Final Order of June 22, 1999.
. The subject parcel has previously been used for agricultural purposes, but is
currently not being used for such purposes,
. The subject parcel (9,79 acres.:!:) would currently be allowed to construct 1 single-
family dwelling unit at the presently allowed density (1 unit per 5 acres),
. If developed as part of a larger residential development (40 acres or larger), and
subject to the purchase of Rural Fringe TOR Credits (the parcel is in a
designated receiving area), the subject parcel could support a total of 9
residential units,
. Based upon total existing commercial inventory in the primary trade area, staff
believes that the flea market use for this property would be supported.
. As noted, the parcel could be developed with one or more residential units, but
these would be incompatible with the adjacent, approved flea market.
. The petitioner has committed to delineation of onsite wetlands, with subsequent
preservation and/or mitigation, prior to any onsite development.
. Prior to adoption, further revision of the plan amendment language will be
necessary,
. The proposed uses and development standards will allow development generally
compatible with uses allowed on surrounding properties,
STAFF RECOMMENDATION:
Staff recommends that the Collier County Planning Commission fO:?r~~<h'~~tWM ~~ 88
2002-02 to the Board of County Commissioners with a recommenda i 0 ~<ev8~ . 04
169 df1250
.-. transmit to the Florida Department of Community Affairs, subject to staff modification of
the language submitted by the petitioner.
PREPARED BY: DATE: Mav 12, 2004
Glenn E. Heath, AICP
Principal Planner
REVIEWED BY: DATE:
Stan Litsinger, AICP
Comprehensive Planning Director
APPROVED BY: DATE:
Joseph K. Schmitt, Administrator
Community Development & Environmental Services
Petition Number: CP-2002-02
This petition has been advertised for the May 20,2004 CCPC meeting.
NOTE: This petition has been advertised for the June 8, 2004 BCC meeting,
COLLIER COUNTY PLANNING COMMISSION:
.-' MR. RUSSELL A. BUDD, CHAIRMAN
CP-2002-2 Staff Rpt Transmittal F, GMP Petitions, CP-2002-02, Naples Big Cypress
Commerce Center Subdistrict gh/
,.......
Agenda Item No. 88
June 8, 2004
170 dr2250
_....~-~ ~- -",---,,---,. ,~---
Agenda Item 8,E.
Co~' .. Co
, . et: unt;y
~~. . .--
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
DIVISION, COMPREHENSIVE PLANNING DEPARTMENT
DATE: May 20, 2004
RE: PETITION NO, CP-2003-1, GROWTH MANAGEMENT PLAN
AMENDMENT [rRANSMITTAL HEARING]
AGENT/APPLICANT/OWNER
Agent: Richard D. Yovanovich
Goodlette, Coleman & Johnson, P.A,
4001 Tamiami Trail North, Suite 300
Naples, FL 34103
Applicant: William L. Hoover, AICP
Hoover Planning & Development, Incorporated
3785 Airport Road, North, Suite B-1
Naples, FL 34105
Owner: Mark L. Lindner, Trustee, Naples Realty Services
For Vanderbilt Beach Road Land Trust
4099 North Tamiami Trail, 2nd Floor
Naples, FL 34103
OBJECTIVE:
The petitioners are proposing to expand the existing commercial subdistrict by 15.88
acres, and to modify the land use criteria for the existing subdistrict. The purpose of the
proposed expansion and modification is to create an upscale shopping center (60,000
square feet of retail space and 90,000 square feet of office space), proposed to be
known as "Catalina Plaza."
BACKGROUND:
GeoaraDhic Location:
The 15,88-acre parcel is located adjacent to the existing Vanderbilt Beach/Collier
Boulevard Commercial Subdistrict, on the north side of Vanderbilt Beach Road,
approximately y.. mile west of Collier Boulevard (CR 951), in Section 34, Township 48
South, Range 26 East. (See attached Exhibit "A")
Agenda Item No. 88
June 8, 2004
171 of1250
-
Puroose/Descriotion of Proiect:
The proposed amendment would enable the petitioners to seek rezoning of the 15.88-
acre parcel to a commercial PUD, proposed to be known as "Catalina Plaza."
Surroundina Land Use. Zonina And Future Land Use Desianation:
Existing Conditions: The subject site is zoned rural agricultural district (A). This site is
currently utilized as a cow pasture. The Future Land Use Map designates the subject
property as Urban Designation, Mixed Use District, and Urban Residential Subdistrict on
the Countywide Future Land Use Map. Permitted uses in the Urban Residential
Subdistrict include:
Residential Uses
Essential Services as defined by the most recent Land Development Code (LDC)
Parks, Open Space and Recreational Uses
Water-dependent and Water-related uses
Child Care Centers
Community Facilities, such as churches, group housing, cemeteries, school facilities,
which may be located with other facilities, as feasible
Safety Service Facilities
Utility & Communication Facilities
Earth mining, oil extraction and related processing
Agriculture
.- Travel Trailer Recreational Vehicle Parks, subject to certain criteria
Support Medical Facilities
Commercial Uses Accessory to Other Permitted Uses
Surrounding Land Use:
Directly to the east of the subject property is the existing, approved Mission Hills
Planned Unit Development (PUD). This PUD has a Future Land Use Designation of
Urban Designation, Urban Mixed Use District, Vanderbilt Beach Road/Collier Boulevard
Commercial Subdistrict. Property within the PUD is currently vacant.
Directly to the north of the subject parcel is an undeveloped area that is zoned as the
Wolf Creek PUD, which has been approved for 591 single-family and multi-family units.
Currently, the Wolf Creek PUD property consists of a mixed cypress and pine forest.
The Future Land Use Designation for this property is Urban Designation, Urban Mixed
Use District, Urban Residential Subdistrict.
To the south of the subject property, across Vanderbilt Beach Road, are several parcels
that are zoned Estates (E), and which are regulated under the Golden Gate Area Master
Plan (GGAMP). The Future Land Use Designation for this area is Estates Designation,
Estates-Mixed Use District, Residential Estates Subdistrict. The majority of these
parcels contain single-family homes, but some parcels are currently undeveloped
wooded lots. East of these parcels, adjacent to the southwest corner of the Collier
BoulevardNanderbilt Beach Road intersection, is a 4.3-acre parcel that currently has a
Future Land Use Designation as the Estates Designation, Estates-Mixed Use District,
Commercial Western Estates Infill Subdistrict. This Subdistrict to the Estates District in
.- the GGAMP allows office uses and financial institutions. The Subdistrict Area currently
consists of an undeveloped Estate-size lot.
Agenda Item No. 88
June 8, 2004
172 of2250
.- ~- -~"~- .' ,,--- -,.-. ,-".-...... ..-,<...
----,,"
To the west of the subject property is vacant agricultural property, which is part of the
Wolf Creek PUD. The Future Land Use Designation for this parcel is the same as that
for the subject property. Further to the west is the existing IslandWalk
PUD/Development of Regional Impact (DRI), which contains residential development.
The Future Land Use Designation for IslandWalk is Urban Designation, Urban Mixed
Use District, Urban Residential Subdistrict.
Environmental Impacts:
The subject site comprises 15.88 acres, according to information provided by the
petitioner, Florida Land Use Cover Classification System (FLUCCS) information (also
provided by the petitioner) shows that the majority of the property (approximately 14.78
acres) has been used for improved pasture. However, a 1.10-acre strip of land along
the parcel's north boundary is shown as being a drained pine-cypress-cabbage palm
area, containing wild grape vines.
The petitioner's environmental consultant conducted a protected species survey of the
project site. The consultant provided a table of protected animal species that could
occur onsite, given the condition of the property, However, none of these species was
actually observed. It is possible that the onsite cypress trees do contain some protected
air plant species. However, the environmental analysis does not mention these plants.
During subsequent development order reviews, the site will be subject to all applicable
local, State and Federal environmental protection regulations.
Archaeological Impacts:
The subject site is in the general vicinity of portions of the County wherein
archaeological sites or artifacts are known to occur, or which have a high probability of
site/artifact occurrence. In April of 2003, the petitioner submitted a letter to the State
Division of Historical Resources and State Historic Preservation Office, requesting a
review of site and artifact records in reference to the subject property. The Division's
reply indicated that no archaeological or historical records exist for the subject property,
Traffic Capacity/Traffic Circulation Analysis:
At the petitioner's request, Hoover Planning & Development, Incorporated analyzed the
potential trip generation for the proposed project. According to their analysis, the
segment of roadway most impacted by the proposed project is Vanderbilt Beach Road,
between Logan Boulevard and Oakes Boulevard, This segment is currently considered
deficient (LOS F), and the project will generate 3,5% of its traffic volume. According to
Policy 1.1,2,B and B.1, of the Capital Improvement Element of the Collier County Growth
Management Plan:
"B. The County Commission will review all rezone requests and proposed
amendments to the Future Land Use Element (FLUE) affecting the overall
County-Wide density or intensity of permissible development with consideration
of their impact on both the variable "0" in the formula Q = (S x D) - I, and the
overall roadway system. The County Commission shall not approve any such
rezone request or FLUE amendment that significantly impacts either: (1) a
deficient roadway segment or; (2) the BEBR high range growth rate population
projections through the five years of the annually updated Capital Improvement
Plan, on a continuously rolling basis, and then 95% of the BEBR high range
growth rate thereafter, for the variable "0", unless one of the following
simultaneously occurs: Agenda Item No. 88
June 8, 2004
173 ofY.250
1. Specific mitigating stipulations are approved in conjunction with the
-- rezone to restore or maintain the Level of Service on the impacted
roadway segment."
The Collier County Annual Update and Inventory Report (2003 AUIR) shows this
. segment of roadway as currently being deficient. Therefore, the proposed plan
amendment does create a "significant impact", as defined by Policy 1.1.2.C. However,
the AUIR also indicates that construction to remedy the deficient nature of this segment
of Vanderbilt Beach Road is to begin in fiscal year 2004. As mitigation for the project's
roadway impacts. staff proposes to require approval of any subsequent rezone
ordinance (for the subject property) to include prohibition of issuance of further
development orders until all impacted roadways are no longer deficient.
Public Facilities Impact:
The proposed project is commercial in nature, so it is unlikely to have a direct impact on
the County's park and recreation facilities. Likewise, the project will not have a direct
impact on Collier County public schools.
Potable water and sanitary sewer service will be provided by Collier County Public
Utilities. The average daily potable water demand is projected to be 19,500 gallons per
day. The average daily wastewater treatment demand is also projected to be
approximately 19,500 gallons per day.
The project is located within the Golden Gate Fire District. The closest fire station is
approximately five miles from the site (on Golden Gate Boulevard). The fire station
would also provide emergency medical services, However, there is currently a pending
PUD rezone for a fire station, to be located on the west side of Collier Boulevard,
approximately ~ mile north of the project site.
The Vanderbilt Canal is adjacent to the southern boundary of the project. This will most
likely be the receiving body of water for the Subdistrict expansion. The South Florida
Water Management District will govern drainage requirements,
Waste Management of Collier County will handle the solid waste disposal services for
the project.
Staff notes that, with regard to public facilities impacts, and pursuant to CIE Policy 1,1,2,
a significant impact in population is a potential increase in countywide population by >
3%, However, as a commercial development, the proposed project would not increase
population and, in fact, could be said to reduce the potential population within the subject
area, With the exception of roads, the review for significant impacts to Category A public
facilities is based upon the 3% population criterion.
Commercial Demand Analysis:
The petitioner prepared a "Marketing Analysis" for the proposed Growth Management
Plan Amendment. The subject parcel is located within Collier County's Urban Estates
Planning Community, The petitioner based their economic analysis on population
projections within a defined "Trade Area" for the years 1995 through 2013 (based on the
2000 Census). The Trade Area used by the petitioner is bound on the west by 1-75, on
the north by Immokalee Road and Randall Boulevard, DeSoto Boulevard to the east,
- and the line of Green Boulevard on the south, The petitioner justifies the large size of
this Trade Area, which includes most of Golden Gate Estates, by citing the overall lack
of commercial opportunities within the Estates. According to the in~~"~I~ 88
June 8, 2004
174 of42so
_.- .~ " v.".."
within the plan amendment application, population projections for the Trade Area are as
follows:
2003 - 31,467
2005 - 35,847
2010 - 46,080
2013 - 51,933
The Marketing Analysis argues that there is a growing demand for, and a growing
shortage of retail uses within the Trade Area. The petitioner supplied the following retail
acreage supply and demand estimates (corresponding to the above population analysis)
for the Trade Area:
Year Retail Supply (Ac) Retail Demand Deficit (Ac)
CAc)
2003 59 255 196
2005 148 310 162
2010 214 467 253
2013 240 583 343
Staff notes that, almost directly south of Vanderbilt Beach Road from the proposed
development is a proposed office park on 5,14 acres. This is the Commercial Western
Estates lnfill Subdistrict of the Golden Gate Area Master Plan, which was adopted during
2003, There do also exist small-scale commercial projects approximately two miles
south on Collier Boulevard (the Pine Ridge Road/Collier Boulevard Neighborhood
Center) and approximately two miles north on Collier Boulevard (the Collier
Boulevard/lmmokalee Road Activity Center). Finally, there is a proposed business park
located immediately north of the existing Mission Hills Development, and (like the
proposed project) in Section 34. These projects will create some competition for the
proposed commercial activities but given the demand discussed above, the proposed
project appears to be viable.
REQUESTED ACTION:
The proposed map amendments are to the Future Land Use Map and map series and
would show the expansion area immediately adjacent to the existing Subdistrict. The
proposed text amendments, as submitted by the petitioner, are as follows:
10. Vanderbilt Beach/Collier Boulevard Commercial Subdistrict [revised text,
page 27]
This Subdistrict is located on the Horth side northwest quadrant of the intersection
between the two (2) major roadways of Vanderbilt Beach Road and Collier Boulevard,
consisting of approximately 33.45 acres of land for the existing area and 15.88 acres of
land for the expansion area as depicted on Map 5-B. The intent of the Vanderbilt
Beach/Collier Boulevard Commercial Subdistrict is to provide convenient shopping,
personal services and employment for neighboring and Golden Gate Estates residential
areas. The Vanderbilt Beach/Collier Boulevard Commercial Subdistrict will reduce
driving distances for neighboring residents and Golden Gate Estates residents. assist in
minimizing the road network required, and reduce traffic impacts in this part of Collier
County. This s~ubdistrict is further intended to create a neighborhood focal point and
any development within this Subdistrict will be designed in a manner to be compatible
Agenda Item No. 88
June 8, 2004
175oP250
with the existing and future residential and institutional development In this
neighborhood.
Rezonings are encouraged to be in the form of a PUD zoning district which must contain
development standards to ensure that all commercial uses will be compatible with
neighboring residential and institutional uses. In addition to retail uses and other uses
permitted in the Plan, financial institutions, business services, and professional and
medical offices shall be permitted. Exclusive of the 33.45 acres within the previously
approved Mission Hills PUD. the following land uses shall not be permitted: gas stations.
convenience stores with gas pumps. fast food restaurants with drive-through lanes. and
tire stores. Retail uses shall be limited to a single-story. Financial services and offices
shall be limited to three stories. All principal buildings shall be set back a minimum of
one (1) foot from the Subdistrict boundaries for each foot of building height.
Development within each proiect or PUD Rezoning the 8ubdistriet shall be required to
have common site, signage and building architectural elements. The property Each
proiect or PUD Rezoning shall provide for poteRtial both pedestrian and vehicular
interconnection2 with adjacent properties.
Proposed Language:
Staff has inserted proposed language regarding traffic impact mitigation, as noted
previously. The draft language, as edited by staff, is as follows:
10. Vanderbilt Beach/Collier Boulevard Commercial Subdistrict [re,ised text,
page 27]
This Subdistrict is located &H: in the north side northwest quadrant of the intersection
8E!t'?:8E!R tRE! t?':S (2) BlB.jsr FSB.Ek:B.j's of Vanderbilt Beach Road and Collier Boulevard,
consisting of approximately 33.45 acres of land for the existing area and 15.88 acres of
land for the expansion area as depicted on Map 5-B. The intent of the Vanderbilt
Beach/Collier Boulevard Commercial Subdistrict is to provide convenient shopping,
personal services and employment for neighboring and Golden Gate Estates residential
areas. The Vanderbilt Beach/Collier Boulevard Commercial Subdistrict will reduce
driving distances for neighboring f8SiaeRtE and Golden Gate Estates residents. assist in
minimizing the road network required. and reduce traffic impacts in this part of Collier
County. This s.s.ubdistrict is further intended to create a neighborhood focal point and
any development within this Subdistrict will be designed in a manner to be compatible
with the existing and future residential and institutional development In this
neighborhood.
Pursuant to Policv 1.1.2 of the Collier County Capital Improvement Element. approval of
anv subseauent rezone ordinance for the subiect Propertv bv the Collier County Board of
County Commissioners shall be contingent upon prohibition of issuance of further
development orders until all impacted roadwavs are no longer deficient. Rezonings are
encouraged to be in the form of a PUD zoning district, which must contain development
and design standards to ensure that all commercial uses will be compatible with
neighboring residential and institutional uses. In addition to retail uses and other uses
- permitted in the Plan, financial institutions, business services, and professional and
medical offices shall be permitted. gllelli6i':e sf tRe n. ~ 5' 88F86 '::itkiR 1ke }Jr8....isHsly
B.}J}Jnwea MissieR Hills PUD Within the 15.88-acre expansion area. ~SJRYg'Yi~ m~ 88
June 8, 2004
176 oJ62so
~.._--- -"._--~ ~_.... -,.,.~-< -".~.... -'-
uses shall not be permitted: gas stations. convenience stores with gas pumps, fast food
restaurants with drive-through lanes. and tire stores. Retail uses shall be limited to a
single-story. Financial services and offices shall be limited to three stories. All principal
buildings shall be set back a minimum of one (1) foot from the Subdistrict boundaries for
each foot of building height. Development within each proiect or PUD Rezoning the
Subdistrict shall be required to have common site, signage and building architectural
elements. The property Each proiect or PUD Rezoning shall provide for potential both
pedestrian and vehicular interconnection~ with adjacent properties.
Note: In the staff recommended language, above, single underlines and single strikeouts
represent language changes proposed by the petitioner, whereas double underlines and
double strikeouts represent language proposed by staff.
Appropriateness of Chanae:
The proposed commercial subdistrict expansion is located within Section 34, Township
48 South, and Range 26 East. Virtually the entire Section is within some state of actual
or proposed development. A comparison of the real or proposed developments within
the Section shows that commercial projects have tended to locate along the outer
perimeter of Section 34 (Collier BoulevardNanderbilt Beach Road) while residential
development will be located within the interior of the Section (Wolf Creek PUD). The
proposed Subdistrict expansion is proposing to develop a less intense mix of commercial
development than the adjoining Mission Hills PUD, Therefore, staff believes that the
proposed change is appropriate,
Compatibilitv With Surroundina Land Uses:
As previously noted, all of Section 34, Township 48 South, Range 26 East, which
includes the subject property, is being developed as residential, commercial or mixed-
use PUDs, All of these projects will have land uses that are mutually compatible,
However, to the south of the subject property, across Vanderbilt Beach Road are
existing, platted Estates residential properties, most of which are currently developed
with single-family homes. The subject commercial subdistrict must also ensure
compatibility with these residences. The setback requirements for the Subdistrict require
higher (two-story or three-story) structures to be further back from Vanderbilt Beach
Road than single-story buildings. Further, retail buildings are limited to one story and no
building may exceed three stories in height. Finally, the amendment language, as
modified by staff reads as follows:
"Rezonings are encouraged to be in the form of a PUD zoning district! which must
contain development and desil!l1 standards to ensure that all commercial uses will be
compatible with neighboring residential and institutional uses."
Staff believes that these provisions will ensure compatibility with nearby Golden Gate
Estates residences,
Findinas And Conclusions:
Based upon total existing commercial inventory and estimated demand in the
project's primary trade area, staff believes that the proposed use for this property
would be supported, Agenda Item No. 88
June 8, 2004
177 of7250
~_.~ Development of this project should be contingent upon traffic mitigation
requirements, as reflected in staffs recommended text.
The amendment language, as modified by staff, will ensure that all proposed
uses within the Subdistrict Expansion Area are generally compatible with uses
allowed on surrounding properties.
STAFF RECOMMENDATION:
Staff recommends that the Collier County Planning Commission forward Petition CP-
2003-01 to the Board of County Commissioners with a recommendation of aooroval to
transmit to the Florida Department of Community Affairs, subject to the recommended
staff modifications to the petitioner's proposed text.
PREPARED BY: DATE: Mav 12.2004
Glenn E. Heath, AICP
Principal Planner
REVIEWED BY: DATE:
Stan Litsinger, AICP
Comprehensive Planning Director
APPROVED BY: DATE:
Joseph K. Schmitt, Administrator
Community Development & Environmental Services
Petition Number: CP-2003-1
This petition has been advertised for the May 20, 2004 CCPC meeting,
NOTE: This petition has been advertised for the June 8, 2004 BCC meeting.
COLLIER COUNTY PLANNING COMMISSION:
MR. RUSSELL A. BUDD, CHAIRMAN
CP-2003-1 Staff Rpt Transmittal F, GMP Petitions, CP-2003-1, Vanderbilt
Beach/Collier Boulevard Commercial Subdistrict Expansion/gh
.-
Agenda Item No. 88
June 8, 2004
178 of82so
~ - .__ '-0 ._.,..~ .-...-.-.. .~-~.- .
~_,,_......__~o...__
Agenda item BE
~
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c:;o~!: C:;OU~t:y
...........-- . ~K.~J$ltl' WMt
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION,
COMPREHENSIVE PLANNING DEPARTMENT
DATE: May 20,2004
RE: PETITION NO. CP-2003-2, GROWTH MANAGEMENT PLAN AMENDMENT
(TRANSMITTAL HEARING)
AGENT/APPLICANT/OWNER
Agent: Robert L. Duane
Hole Montes, Inc.
950 Encore Way
Naples, Fl 34110
Applicant: John Wanklyn
1100 Fifth Ave, So. Ste., 201
Naples, Fl 34102
GEOGRAPHIC LOCATION:
The subject property, containing 5:t acres, is located at the northwest corner of Livingston and Radio
Road, The parcel lies within the Central Naples Planning Community. (See attached exhibits "A").
REQUESTED ACTION:
This petition seeks to:
1) Amend the existing Future Land Use Element and map of the Collier County Growth
Management Plan to change the designation from Urban-Industrial District to Urban Commercial
District and to establish the "LivingstonlRadio Road Commercial Infill Subdistrict" on the
specified 5:t acres of land to allow for a maximum of 50,000 square feet of retail or office uses
allowed in the C-3 Commercial Intermediate District. The proposed text change adds language as
follows:
B. Urban Commercial District
lO.)Livinl.!stonlRadio RoadCommercial Infill Subdistrict
This Subdistrict consists + 5.0 acres located at the northwest corner of the intersection of
Livingston and Radio Roads.
Agenda Item No. 88
June 8, 2004
179 of 25~
words struek thre\iga are deleted; words underlined are added
Agenda item 8E
This Subdistrict allows for those permitted and conditional uses in the Commercial Intermediate
Zoning District (C-3) as contained in the Collier County Land Development Code, Ordinance 91-
102, as of the effective date of adoption of this Subdistrict. (Should this Subdistrict be adopted,
the correct date and Ordinance Number will be substituted in this sentence), However. the
following Conditional Uses shall not be permitted:
1. Amusements and recreation services (Groups 7911.7922 community theaters only. 7933,
7993, 7999 boat rental. miniature golf course, bicycle and moped rental. rental of beach
chairs and accessories only.
2. Homeless shelters, as defined by the Land Development Code.
3. Social Services (8322-8399)
4. Soup kitchens. as defined by the Land Development Code,
The purpose of this Subdistrict is to provide services. including retail uses, to surrounding residential
areas within a convenient travel distance to the subiect property, These uses are not an entitlement. Such
uses will be further evaluated at the time of rezoning approval to insure appropriateness in relation to
surrounding properties.
The maximum development intensity allowed is 50,000 SQuare feet of building area with a maximum
height of 3 stories. not to exceed 35 feet, Access to the property within the Subdistrict may be permitted
from Radio Road. Market Avenue located to the north of the subiect property. and Livingston Road. Any
access to Livingston Road shall be limited to the northern one-third of the proiect's Livingston Road
frontage and shall be limited to right-in, right-out access, Further, access shall be consistent with the
Collier County Access Management Policy then in effect at the time of either rezoning or SDP
application. and whichever is the more restricted.
PURPOSE/DESCRIPTION OF PROJECT:
Establish the LivingstonlRadio Road Commercial Infill Subdistrict on the subject 5i: acre site to allow a
maximum of 50,000 square feet of building area with a maximum height of 3 stories, not to exceed 35
feet, for most permitted and conditional uses found in the C-3 (Commercial Intermediate) District, such as
shopping and personal services.
SURROUNDING LAND USE. ZONING AND FUTURE LAND USE DESIGNATION:
Existing Conditions: The subject site is approximately 5.0 acres in size and is designated on the Future
Land Use Map as Urban-Industrial District. The subject property is zoned "I"
Industrial and is presently undeveloped. The Urban-Industrial District is reserved
primarily for industrial type uses and comprises of approximately 2,200 acres,
Besides basic industrial uses, limited commercial uses are permitted, Retail uses
are prohibited, except as accessory to Industrial or Business Park uses,
Surrounding Land Use:
North: Lands to the north of the subject property are zoned "I" Industrial and are
developing with industrial uses, The current Future Land Use Designation is
Urban- Industrial District.
Agenda Item No. 88
June 8, 2004
180 of 258
~- ---_.---~-" ~.- .'--._-'~'--- __,_,..o~__"
--
words strucl. through are deleted; words underlined are added
Agenda item 8E
East: The Briarwood PUD is located on the east side of Livingston Road and is
predominantly a residential development approved for 600 dwelling units and
comprises of 209,17 acres. The current Future Land Use Designation is Urban
Mixed Use District.
Located within the Briarwood PUD are 16.:!: acres at the northeast corner of
Livingston and Radio Roads that allow for retail uses but are currently developed
as a golf course driving range, The current Future Land Use Designation is Urban
Mixed Use District.
South: The property to the south, on the south side of Radio Road, is zoned C-5. The
Radio Road frontage is developed with commercial and light industrial uses
including a car wash and storage facilities, The current Future Land Use
Designation is Urban Mixed Use District.
West: Lands to the west of the subject property are zoned "I" Industrial and are
developing with industrial uses, The current Future Land Use Designation is
Urban- Industrial District.
STAFF ANALYSIS:
Environmental Impacts:
No listed plant or animal species have been observed or are known to be on the site, the site is not known
to contain jurisdictional wetlands, nor is the site within an area of historical or archaeological probability,
As part of the process of obtaining subsequent development orders, the site will be subject to all
applicable local, state and federal environmental protection regulations.
Traffic Capacitvrrraffic Circulation Analvsis:
The Transportation Department met with the petitioner's agent to discuss access issues, At that time, the
Transportation Department recommended changes to the amendment language, As a result of their
meeting the language was revised accordingly and the changes have been incorporated herein.
The petitioner employed the firm of Metro Transportation Group, Inc., to complete a comparative traffic
analysis, The potential trip generation for the proposed project was analyzed comparing the greatest
potential trip generation for the proposed project utilizing Land Use Code 130 (Industrial Park) for the
industrial uses and Land Use Code 820 (Shopping Center), Land Use Code 881 (Pharmacy with Drive
Through), and Land Use Code 912 (Drive-in-Bank) for the proposed plan amendment. Under such
conditions, and allowing for pass-by traffic, the site could generate 5,610 daily two-way trips. This
represents an increase, over the current zoning of 4,490 trips,
Policy 1.1.2 o/the Capital Improvement Element contains the/ollowing langualegenda Item No. 88
June 8. 2004
181 of 250
.-.
"The quantity of public facilities that is needed to eliminate existing deficiencies and to meet the needs of
future growth shall be determined for each public facility by the following calculation:
words stmek through are deleted; words underlined are added
Agenda item BE
Q = (S x D) - 1.
Where Q is the quantity of public facility
S is the standard for level of service,
D is the demand, such as the population, and
I is the inventory.
A. The calculation will be used for existing demand in order to determine existing deficiencies. The
calculation will be used for projected demand in order to determine needs of future growth. The estimates
of projected demand will account for demand that is likely to occur from previously issued development
orders as will as future growth.
B. The County Commission will review all rezone requests and proposed amendments to the Future Land
Use Element (FLUE) affecting the overall County-Wide density or intensity of permissible development
with consideration of their impact on both the variable "D" in the formula Q = (S x D) - I, and the overall
roadway system. The County Commission shall not approve any such rezone request or FLUE
amendment that significantly impacts either: (1) a deficient roadway segment or; (2) the BEBR high
range growth rate population projections through the five years of the annually updated Capital
Improvement Plan, on a continuously rolling basis, and then 95% of the BEBR high range gro\\1h rate
thereafter, for the variable "D", unless one of the following simultaneously occurs:
1. Specific mitigating stipulations are approved in conjunction with the rezone to restore or maintain
the Level of Service on the impacted roadway segment;
2. The adopted population standard used for calculations of "Q" in the formula Q = (S x D) - I is
amended based on appropriate data and analysis;
3. The Schedule of Capital Improvements is updated to include any necessary projects that would
support the additional public facility demand(s) created by the rezone or amendment to the Future
Land Use Element.
C. Significant impact is hereby defined for Section B of this Policy as generating potential for increased
County -Wide population greater than 3% of the BEBR high range population projections for Parks,
Solid Waste, Water, Sewer and Drainage facilities, or as generating a volume of traffic equal to or
greater than 3% of the adopted LOS standard service volume of an impacted roadway.
D. There are three circumstances in which the standards for levels of service are not exclusive
determinant of need for a public facility:
1. Calculated needs for public facilities in coastal high hazard areas are subject to all limits
,- and conditions in the Conservation and Coastal Management and Future Land Use
Elements of this Growth Management Plan.
Agenda Item No. 88
June 8, 2004
182 of 25d
>>~.--,,-------". . - --.>> _"__'*0'__".
2. Replacement of obsolete or worn out facilities, and repair remodeling and renovation,
will be determined by the Board of County Commissioners upon recommendation of the
County Manager.
3. Public Facilities that provide levels of service in excess of the standards adopted in the
Growth management Plan my be constructed or acquired at any time as long as the
following conditions are met:
words struck tlifOtigli are deleted; words underlined are added
Agenda item BE
a. The facility does not make financially unfeasible any public facility of the
same type that is needed to achieve or maintain the standards for levels of
service adopted in this Growth Management Plan, and
b. The facility does not contradict, limit or substantially change the goals,
objectives and policies of any element of this Growth Management Plan.
Any public facility that is determined to be needed as a result of the factors listed in Section Band D of
this Policy shall be included in the regular Schedule of Capital Improvements contained in this Capital
Improvement Element. All capital improvement projects for such public facilities shall be approved in
the same manner as the projects that are identified according to the quantitative analysis described in
Section A of this policy."
Based on the significant impact criteria, the proposed amendment is shown to significantly impact Radio
Road to the east and west of Livingston Road (see difference in trip generations between the currently
permitted industrial uses verses the possible C-3 uses in below chart). However, according to the 2003
Collier County Annual Inventory Update Report (AUIR), the impacted links of Radio Road currently
have sufficient capacity to accommodate the proposed trips and is not defined as a deficient link.
Zoning Roadway Link Project Traffic LOS Standard % LOS
(peak Season, Peak Hour, Threshold Standard
Peak Direction
Approved Radio Road 20 1,590 1.3%
(West of Livinl!ston Rd.)
Radio Road 25 2,030 1.2%
(East ofLivinl!ston Rd.)
Livingston Road 25 4,160 0.6%
(north ofsubiect site)
Proposed Radio Road 55 1,590 3.4%
lWest ofLivinl!ston Rd.)
Radio Road 80 2,030 3.9%
(East of Livinl!ston Rd.)
Livingston Road 75 4,160 1.8%
(north of subiect site)
Policy 5.1 of the Transportation Element states "the County Commission will review all rezone requests
with consideration of their impact on the overall system, and shall not approve any such request that
significantly impacts a roadway segment already operating and/or projected to operate within one year at
an unacceptable Level of Service unless specific mitigation stipulations are appr.aved.'d Pl'firefof.S' thgi3
b d fi ... h' f . gen a em o.
may e a nee or mitigatIOn at t e time 0 rezonmg. June 8, 2004
183 of 259
..-., Public Facilities Imoact:
Since the amendment is proposed for commercial uses, it is unlikely to have a direct impact on the
County's park and recreational facilities. The following chart demonstrates that the proposed commercial
zoning will result in the same impact on the demand for water and sewer as the existing industrial zoning.
There will be no significant impact on any public facilities, except roadways, which have been addressed
in the Transportation portion of this analysis.
words struek thre\:lgll. are deleted; words underlined are added
Agenda item BE
WATER & SEWER DEMAND
Water (gallons/day) Sewer (gallons/day)
PROPOSED 15,000 10,000
CURRENT 15,000 10,000
Appropriateness of Chanl!:e:
The petitioner's basis for the proposed Subdistrict derived from changing conditions in the general area,
most notably the extension of Livingston Road (a four lane arterial roadway) which extends north, just to
the east of the subject property and intersects with Radio Road (a minor arterial road). The planned
extension of Livingston Road will ultimately be extended into Lee County, making the subject site a
logical location for retail uses that result in the capture of by-pass traffic and serve to lessen travel
demands in the general area to more distant retail and office locations.
-- An analysis of commercial land uses in the area along Radio Road (CR-856) east of Airport (CR-31)
found that the area does not have a community shopping center; convenience commercial is limited to
services in a gasoline-service station and small retail outlets, offering specialty food products to the
Hispanic community, to such a degree residents of the surrounding residential communities may be under
served. Since the subject site is near several large, upscale residential PUDs the petitioner proposes this
Subdistrict would serve as a viable location for a transitional facility providing shopping, personal
services and employment to local households and the subject site would be better suited for retail uses
than industrial uses.
The petitioner employed the firm of Fraser and Mohlke Associates, Inc., to conduct a Market-Conditions
Study. The study analyzes Market Conditions within Central Urban Collier County, existing Commercial
Land Uses and Retail Demand. Within the summary, the study concluded "there is a clear demonstration
of potential market support derived from the growing population within the well-defined Primary Trade
Area along the Livingston Road and Radio Road corridors that validate claims as to the viability of retail-
commercial uses proposed to be located on the subject site".
Commercial Demand Analvsis:
The Market Conditions Study comprises of five sections: I). Market Conditions in Central Urban Collier
County, II). Existing Commercial Land Uses, III). Retail Demand Analysis, IV). Summary and
Recommendations and V). The Appendix. To simplify the detailed study a summary of each of the five
sections is provided below.
The study commences with an evaluation of population growth and infrastructure development and
assesses the basic goods and service requirements of the population and employed work force within the
- Central Naples Planning Community (a planning community that includes much ofthe central-urban core
of Collier County immediately east of the City of Naples, south of Pine Ridge Road (CR-896), and west
ofInterstate 75 (I-75) down to the Radio Road Corridor). Agenda Item No. 88
June 8, 2004
184 of 25Q
.-." ,..-. ._~- ...,,-.- .-
SUMMARY OF A1~AL YSIS:
SECTION I
Section I of the study focuses on a geographic area within two radial miles of the intersection of
Livingston Road and Radio Road with the exclusion of developments without direct roadway access to
the subject site and assesses the feasibility of a range of commercial uses that may be located on the site.
The analysis focuses on the retail-trade opportunities for enterprise located in the proposed market-
support area and establishes the following:
words struck through are deleted; words underlined are added
Agenda item BE
1. The Central Naples Planning Community is estimated to double in population from 1990 to 2010,
growing from 13,595 persons in 1990 to a forecasted 27,225 person in 2010 or 100 percent.
Central Naples Population Estimates
1990 1995 2000 2005 2010
13,595 14,215 18,323 22,268 27,225
2. Population growth and resultant commercial development has concentrated impacts at the
intersections of arterial roads on the major road networks in the Central Naples Planning
Community west ofI-75 where traffic impacts can readily be accommodated.
3. Provision of potential market support from a substantial emerging population within a well-
defined Primary Trade Area along the Livingston Road and Radio Road corridors validates
claims as to the viability of retail-commercial uses proposed to be located proximate to the
subject site located at the intersection of Radio and Livingston roads.
SECTION II
Section II details the dimension of commercial development along Radio Road Corridor.
The Commercial Land Use Inventory was used to analyze commercial zoning including the standard
categories of C-I thru C-5 and PUD zoning within the Central Naples Planning Community. Present
pattems of commerciaVindustrial development were analyzed to justify the need for retail commercial
facilities proximate to the residential communities in the portion of the central urban area along the west-
east Radio Road (CR-856) corridor beginning at Airport Road (CR-31) extending east two miles, and
developed commercial areas located west of new Livingston Road (CR-881) and south of the Golden
Gate main canal.
The following chart identifies the Commercial Zoning Districts that are within the Central Naples
Planning Community:
CO~L'\fERCIAL
402. 158.48 2,735,596 C-1
C-2
C-3
C-4
C-5
PUD-C 198.31 1 18.99 79.32 853,453
TOTAL COMMERCIAl 402.~ 244.12 158.48 2,735,596 TOTAL 402.60 158.4~ 244.12 2,735,59~
Sources: 2003 Commercial Inventory as of 1-1'{)3 denved from Property Appraiser's records, GIS, zoning maps & 2003 PUD inventory as of 1-
1'{)3. (Prepared by Comprehensive Planning Section).
words sffiiek tffie\:lgh are deleted; words underlined are added
Agenda item BE
The following chart identifies the Industrial Zoning Acreage within the Central Naples Planning
Community:
I:"lDUSTRlAL
Total Acres ... Developed Acres ..Undev. Acres Developed S F
Central Naples 578.74 515.34 63.40 5,037,280
Source,: 2003 Industrial Inventory (based upon 2003 Property Appraiser data) and current zoning maps.
1. The analysis of commercial land uses in the area along Radio Road (CR-856) east of Airport
(CR-31) establishes that the area does not have a community shopping center; convenience
commercial is limited to services in a gasoline-service station and small retail outlets, offering
specialty food products to the Hispanic community, to such a degree that residents of the
surrounding residential communities could be said to be under served.
2. The lack of convenience outlets and drug stores is an indication of the commercial-retail
opportunities left presently unaddressed along the two mile Radio Road corridor east of Airport
Road. In instances where conventional commercial zoning can be applied, it may be appropriate
to permit a limited array of new commercial uses. It can be argued that it is of importance to area
residents that there be developed a well-located, well-designed convenience center that provides
expanded shopping opportunities and hours of operation sufficient to suit local residents.
3. Evidence suggests a significant market potential exists for a well-diagnosed commercial center
that may be located at the intersection of Radio and Livingston Roads, available to retail tenants
at competitive rates, and offering basic goods and services targeted to meet the present and future
convemence needs of area household and the traveling public. Expanding residential
communities, supported by the area's expanded roadway network, will likely accelerate demand
service needs of residents, short and long term visitors, and travelers. Golden Gate residents
traveling to work sites west of 1-75 will likely foster additional demand for new convenience-
shopping outlets, perhaps equaling the demand generated by household located in area
neighborhoods near the subject site. (See Section II, table 2.0 I thru 2.03 for complete analysis).
SECTION III
Section III of the study forecast the demand in the Central Urban Area for supportable retail-commercial
acreage to the year 2005 based on population estimates reported in Section I and concludes:
,.- 1. Increases in supportable square feet of commercial acreage and square footage in the Central
Naples Planning Community are due exclusively to an increased estimate of the Planning
Community population for 2002 in contrast with 2000. It is noteworthy tA~eYlaw't~iNCF.asg
June 8, 2004
186 of 256
~.~-- ,-,-^--,,,,.,,.,,,~ -
,~,_.._-..,~.~_...,"- .-.."
alone yield an increase of 294,795 square feet of supportable commercial space within the Central
Naples Planning Community form 2000 to 2002, the two-year period analyzed for this retail-
demand forecast.
2. Revised population estimates for the Central Naples Planning Community released on July 26,
2000, before the release of the latest decennial census, was the basis for forecasting supportable
Central Naples retail to be 238.28 acres in 2005. Newer estimates based on the 2000 U.S. Census
enumeration and released on August 29, 2002, forecasted supportable Central Naples retail to be
277.44 acres in 2005. By the terms of the analysis, this represents and additional 39.16 acres, or a
16.43 percent increase, due to population growth in two (2) years due to recent census-
determined-population increases only (shown on the following chart).
words struck tliro\lgh are deleted; words underlined are added
Agenda item BE
2002 1986 1990 1995 2000 2005
Central Naples Sq. Ft 582,623 870,528 835,720 1,212,379 2,088,355
Land Required In Acres 77.49 113.23 111.03 161.07 277 .44
Percent increases +49.42% -4.00% +45.07% +72.25%
2002 1986 1990 1995 2000 2005
Central Naples Sq. Ft 582.623 870,528 835,720 1,052,844 1,793,559
Land Required In Acres 77.49 113.23 111.03 139.87 238.28
Percent Increases +49.42% -4.00% +25.98% +70.35%
In addition, the Retail Demand Forecasts states, "A unique feature of the Central Naples Planning
Community is that most of its commercially-zoned areas are in the northeastern quadrant and are located
almost exclusively within Activity Centers and the Planned Unit Developments contiguous to these
activity centers." A review of the Commercial Inventory prepared by staff for the Central Naples
Planning Community reveals 118.99 of the 158.48 undeveloped commercial acres are zoned PUD.
SECTIO~ IV
Section IV of the analysis sets-forth the summary and recommendations pursuant to the finding of the
study:
1. In conclusion, based on their analysis, Fraser and Mohlke Associates, Inc., recommends the
subject site for those C-3 uses that are complementary to surrounding residential developments,
subject to meeting all relevant compatibility criteria promulgated in the Collier County's Land
Development Code.
SECTION V
Provides for the Appendix.
FINDINGS AND CONCLUSIONS:
. Staff concurs with the petitioner that based upon total existing commercial inventory in the
primary trade center, there is a need for retail commercial to serve the needs of the surrounding
communities.
. The magnitude and scale of the proposed 50,000 commercial square feet is similar to
neighborhood commercial development.
Agenda Item No. 88
June 8, 2004
187 of 253
~ . The proposed uses and development standards will allow development generally compatible with
uses allowed on surrounding properties.
. The subject property does not abut any commercially zoned property or property eligible for
commercial zoning.
. The subject site is eligible for Industrial type uses and limited commercial uses are permitted.
Retail commercial uses are prohibited, except as accessory to Industrial or Business Park uses.
. The general area is experiencing changed conditions, most notably the extension of Livingston
Road (a four lane arterial roadway), which extends north, just to the east of the subject property
and intersects with Radio Road (a minor arterial road).
. Staff concurs the lack of convenience outlets and drug stores is an indication of the commercial-
retail opportunities left presently unaddressed along the two mile Radio Road corridor east of
Airport Road.
. The Central Naples Planning Community is estimated to double in population from 1990 to 2010,
growing from 13,595 persons in 1990 to a forecasted 27,225 person in 2010 or 100 percent.
words strlicl( thre\:lgfl are deleted; words underlined are added
Agenda item 8E
. Based on the Market Condition Study, staff concurs a market potential exists for a commercial
center located at the intersection of CR-856 and Livingston Road that offers basic goods and
services to meet the present and future convenience needs of area households and the traveling
public.
. There are several large, upscale residential PUDs within close proximity to the subject site that
would be served by retail commercial uses the Livingston/Radio Road Commercial Infill
Subdistrict proposes.
. Based on the significant impact criteria, the proposed amendment is shown to significantly impact
Radio Road to the east and west of Livingston Road (see difference in trip generations between
the currently permitted industrial uses verses the possible C-3 uses in below chart). However,
according to the 2003 Collier County Annual Inventory Update Report (AUIR), the impacted
links of Radio Road currently have sufficient capacity to accommodate the proposed trips and is
not defined as a deficient link.
Agenda Item No. 88
June 8, 2004
188 of 25t}
a~_.._' ,.-... ---"- .._---".~..._...-
words struck through are deleted; words underlined are added
Agenda item 8E
ST AFF RECOMME~DA TIO~:
That the CCPC forward Petition CP-2003-2 to the BCC with a recommendation of approval to transmit to
the Florida Department of Community Affairs.
Prepared By: Date:
L. Jean Jourdan, Senior Planner
Comprehensive Planning Department
Reviewed By: Date:
Stan Litsinger, AICP, Director
Comprehensive Planning Department
Approved By: Date:
Joseph K. Schmitt, Administrator
Community Development and Environmental Services Division
PETITIONNO.: CP-2003-02
Staff Report for Mav 20. 2004 CCPC Meeting.
NOTE: This petition has been advertised for the June 8. 2004. BCC Meeting.
COLLIER COUNTY PLANNING COMMISSION:
Agenda Item No. 88
June 8, 2004
189 of 25(\
Russell A. Budd, Chairman
_.
Agenda Item No. 88
June 8, 2004
190 of 259
"-----. .~ ....- "'.~- --
-....-. '*'''.~' _.~--,,-'-"-
Agenda item BE
~
...~.
<:::;0 .';1:'" <:::;Ount:y
~ . l . '~ ~~. . 'M'
STAFF REPORT
COLLIER COUNTY PLANNIl\'G COMMISSION
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION,
COMPREHENSIVE PLANNING DEPARTMENT
DATE: May 20, 2004
RE: PETITION NO. CP-2003-3, GROWTH MANAGEMENT PLAN AMENDMENT
(TRANSMITTAL HEARING)
AGENT/APPLICANT/OWNER
Agent: Robert L. Duane
Hole Montes, Inc.
950 Encore Way
Naples, Fl34110
Applicant: Dr. Michael Arbitman
658 Penn Place
Winter Park, FL 32789
GEOGRAPHIC LOCATION:
The subject property comprises of 2.25:t acres and is located at the southeast comer of Livingston Road
and the proposed Veterans Memorial Boulevard (alk/a East-West Livingston Road). The parcel borders
both the North Naples and Urban Estates Planning Communities. (See attached exhibits "A")
REQUESTED ACTION:
This petition seeks to:
1) Amend the existing Future Land Use Element and Future Land Use Map of the Collier County
Growth Management Plan to change the designation from Urban Mixed Use District to Urban
Commercial District to establish the "Livingston RoadNeterans Memorial Boulevard
Commercial Infill Subdistrict" on the specified 2.25:t acres of land to allow for office uses,
medical uses and financial institutions permitted by right or by Conditional Use, within the C-l
Zoning District. The proposed text change adds language as follows the Urban Mixed Use
District:
B. Urban Commercial District
9. Livinl!:ston RoadNeterans Memorial Boulevard Commercial Infill Subdistict
This Subdistrict consists of + 2.25 acres and is located at the southeast comer of the intersection
of Livingston Road and Livingston Road/East - West soon to be known as Veteran's Memorial
Boulevard. The Subdistrict allows those office uses, medical uses and financial institutions
oermitted bv right and by Conditional Use, within the C-l Zoning District, as contained in the
Agenda Item No. 88
June 8, 2004
191 of25~
Collier County Land Development Code. Ordinance 91-102. as the effective date of adoption of
- this Subdistrict.
words struek tftre\:lgh are deleted; words underlined are added
Agenda item BE
(Should this Subdistrict be adopted. the correct date and Ordinance number will be substituted in
this sentence.) This Subdistrict is designed to serve the surrounding residential uses within a
convenient travel distance to the subiect propertY: it is further deshmed to be compatible with
neighboring residential uses. through the development standards provided herein. along with
other planning considerations.
The maximum development intensity allowed is 50.000 square feet of building area with a
maximum height of3 stories. not to exceed 35 feet. Access to the propertY within the Subdistrict
shall only be permitted from Veterans Memorial Boulevard and there shall be no access permitted
directlv to or from Livingston Road.
PURPOSEIDEScRIPTION OF PROJECT:
The petitioner proposes to provide a maximum of 50,000 square feet of professional offices having a
maximum height of three (3) stories, not to exceed 35 feet, for office uses, medical uses and financial
institutions permitted by right or by Conditional Use with the C-I Zoning District by establishing the
Livingston RoadJV eterans Memorial Boulevard Commercial Infill Subdistrict on the 2.25 :!:: acre subject
site located at the southeast corner of Livingston Road and the proposed extension of VeterallS Memorial
Boulevard.
SURROUNDING LAND USE. ZONING AND FUTURE LAND USE DESIGNATION:
Existing Conditions: The subject site is zoned Rural Agricultural District ("A") and currently allows I
dwelling unit per 5 acres. The property is presently undeveloped and designated
Urban Mixed-Use DistrictlUrban Residential Sub-district. The Future Land Use
Designation for this 2.25 acre property would allow residential uses at the density
shown below, if the following density bonuses were applied.
BASE DENSITY 4
Possible Density Bonus Additional Units/Acre
Residential In-fill 3
Total without Affordable Housing 7
Provision
Affordable Housing Provision 8
Total with Affordable Housing Provision 15 units per acre
In addition to residential uses, the subject site would be eligible for a number of conditional uses such as
churches, childcare facilities, ALF, recreation and open space uses, essential services, etc.
Surrounding Land Use:
-, North: Lands to the north of the subject property and on the north side of Veterans
Memorial Boulevard (East/W est Livingston Road) is approved for the Mediterra
PUD and is presently undeveloped. The Mediterra Puoorge:neia>ltelrdeN~l8B
June 8, 2004
192 of 258
'''~----_'.''''''''''''''''''';.''''- -.. .,'-~ ~----' ..~--_..-"_.."
the portion of PUD that lies east of Livingston Road for residential and open
space uses and a Village Commercial Center is also permitted within this portion
of the PUD. However, there is a pending PUD amendment to remove the Village
Center. The current Future Land Use Designation is Urban Mixed Use District.
words stmek tftr0\:lgR are deleted; words underlined are added
Agenda item BE
East: Lands to the east of the subject property are currently undeveloped and zoned
Agricultural "A". The current Future Land Use Designation is Urban Mixed Use
District.
South: Lands to the south of the subject property are currently undeveloped and are
zoned Agricultural "A". The current Future Land Use Designation is Urban
Mixed Use District.
West: Lands to the west of the subject property across, Livingston Road and on the
south side of Veterans Memorial Boulevard, are currently undeveloped and
zoned Agricultural "A". The lands lying on the north side of Veterans Memorial
Boulevard and west of Livingston Road are part of the Mediterra PUD and are
presently being developed with a golf course and residential uses. The current
Future Land Use Designation is Urban Mixed Use District.
STAFF ANALYSIS:
Environmental Impacts:
No listed plant or animal species have been observed or are known to be on the site, the site is not known
to contain jurisdictional wetlands, nor is the site within an area of historical or archaeological probability.
As part of the process of obtaining subsequent development orders, the site will be subject to all
applicable local, state and federal environmental protection regulations.
Traffic Capacityffraffic Circulation Analysis:
The Transportation Department met with the petitioner's agent to discuss access issues. At that time, the
Transportation Department recommended changes to the amendment language. As a result of their
meeting the language was revised accordingly and the changes have been incorporated herein.
The petitioner employed the firm of Metro Transportation Group, Inc., to conduct a Traffic Impact
Analysis for the proposed amendment. The analysis points out there is currently no Level of Service
(LOS) data available for the portion of Livingston Road to the south of the County Line or for the
proposed East/West Livingston Road (Veterans Memorial Boulevard). Therefore, the firm of Metro
Transportation Group, Inc., utilized the 1998 FDOT Level of Service Handbook Table 5-1 for
Generalized Peak Hour Directional Volumes in Urbanized Areas and the Level of Service threshold
volumes indicated within Table 5-1 were utilized for roadways. The Collier County 2025 Financially
Feasible Plan was reviewed in order to determine the number of lanes for the area roadway network and
the 2025 AADT volumes on both existing north/south Livingston Road and the east/west Livingston
Road were based on the standard majority of the roadways in the vicinity of the proposed site and a LOS
"D" was assumed for the LOS Standard on the analyzed roadways. The findings concluded, "no roadway
will be significantly impacted as a result of the proposed uses set-forth in this amendment" (significant
impact is defined as any amendment to the Comprehensive Plan that will generate a volume of traffic
equal to or greater than 3% of the LOS of the impacted roadway).
Agenda Item No. 88
June 8, 2004
193 of 259
,_. Pursuant to the Transportation Department's request, access to the property within the Subdistrict shall
only be permitted from Veterans Memorial Boulevard and there shall be no access permitted directly to or
from Livingston Road.
Public Facilities Impact:
This petition will result in increased impacts upon some Category A public facilities, (roadways, potable
water, sanitary sewer, drainage, solid waste, community and regional parks), but these impacts will not be
words stmek thf(i)\:l~ are deleted; words underlined are added
Agenda item BE
significant (generating potential for increased County-Wide population greater than 3% of the BEBR high
range population projections for Parks, Solid Waste, Water Sewer and Drainage facilities, or generating a
volume of traffic equal to or greater than 3% of the adopted LOS standard of an impacted roadway) as
defined in the Capital Improvement Element and other applicable Growth Management Elements. For
some public facilities the impacts will be lessened since this is not a residential project, e.g. park facilities.
WATER & SEWER DEMAND
Water (gallons/day) Sewer (gallons/day)
PROPOSED 10,000 10,000
CURRENT 7,200 7,200
-
Utilizing the level of service standards identified in the Capital Improvements Element of the
Comprehensive Plan the proposed uses will not result in a significant impact of 3% or more on the public
facilities.
Appropriateness of chanl!:e:
The petitioner's practicality for the proposed Subdistrict was established through an analysis of office-
related population and employment trends in the surrounding area to establish support of the sufficient
need for the proposed land uses. The requested uses are predicated on the fact that the subject property is
not well suited for residential uses or the development of Conditional Uses allowed of the Agricultural
Zoning District due to its limited size, and the locale at the intersection of Livingston Road and the
proposed Veterans Memorial Boulevard.
The firm of Fraser and Mohlke Associates, Inc., was employed to conduct a Market-Conditions Study.
The study analyzes Market Conditions within North Naples and the Urban Estates, two contiguous
planning communities that include all of Collier County east of the Gulf of Mexico, north of Pine Ridge
Road (CR-896), and west of Collier Boulevard (CR-951). The analysis provides an overall context for
assessing the basic goods and services requirements of the emerging population within the Northwestern
Urban Collier County and concluded "that the population study of Northwestern Urban Collier County
and land-use inventory determined that there is a sufficient need for the proposed land uses sought by the
petitioner for the Subdistrict and that there is a supportable demand for future office uses serving the
planning communities adjacent to the subject site".
The market study establishes market support derived from the growing population within the well-defined
- Primary Trade Area along the Livingston Road corridors along with the escalation of demand for office-
building space in North Collier that validate claims as to the viability of the proposed office uses.
Commercial Demand Analvsis: Agenda Item No. 88
June 8, 2004
194 of 25d
. ->>~--_.~,- "-- >"-~,-
..-.-
The site borders the North Naples & Urban Estates Planning Communities. The charts below identify the
commercial inventory within the two Planning Communities.
words stmek thnmgh are deleted; words underlined are added
Agenda item BE
CO:\DIERCIAL INVENTORY
111~ljli.llll':j.:.I~llil:I"I:~I'II.il'III'lllil:1 ........,............ ...................... ......,..,............. .llilljill .......-............. ......................... "I;I~lj ....~'...........'.............. 1111!!il!11
.:..:.;.:.:.:.:.:.:.:-:.:.:.:.:.:.:-:.:-:. :::::::::::::::::::::~:::::::~::::::::::: ....................... .....'....................................' ..........................
..................... ::~:::::::::::::::::::::~:::~:::::::~::::: ....,..................................... ......,........'.'....,...,............'.'...'.'... ...."...........
.:.:-:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:-:. j;.:ilj:;:i!~ .:.:.:.:.:.:.:.:.:.:.:.:.:.:.:-:-:.:.:.:.: Iliil~I' ...'.............................
..................... iiiil;jilj .................
.................... fAtimi1iiliii*j
f.iitii:Wt~t Il1iiij
........,.'...".,.. ..,.."",...."..... ..........,.., ......., ,.,..,.....,.....
North Naples 1025.31 612.7 412.58 4,928,94~ C-l 37.47 23.] ] ]4.36 96,944
C-2 5.02 2.36 2.66 25,669
C-3 82.96 35.05 47.91 444,]57
C-4 137.99 57.03 80.96 892,6/
C-5 91.22 1] .42 79.8 598,330
PUD-C 670.65 283.6] 387.04 2,871,207
TOTAL
CO~I~IERCL<\L 1025.3 612.7 412.58 4,928,94E TOTAL 1025.31 412.58 612.73 4,928,948
Sources: 2003 Commercial Inventory as of 1-1-03 derived from Property Appraiser's records, GIS, zoning maps &
2003 PUD inventory as of] -] -03. (prepared by Comprehensive Planning Section).
CO~IERCMLINVENTORY
........................................................................................ ~..lllllll.~ 1:.:1;1\\:11 :::;:~;:~;:~;~::~::~::~:~::::::: .11~~i :;~~1~~~1~~~~~~1~~~~ 1~"lll illl111 III1 11,.11:
Ifil::i:i:i:iijl!:li:lilii:.IIII~illii:lil::lli:i .........................................
::::::::::;::::~:;::;;~~~:::;;.:;::::
Wia.~j;l .. ...
............................... ..... ..... ....................... .. .............. ... .... ...... ...
Urban Estates 446.61 94.0~ 352.52 533,20~ C-3 8.0] 3.8e 4.15 38,833
PUD-C 438.e 348.6c 89.94 494,37C
TOTAL
COMMERCIAL 446.61 94.0~ 352S 533,203 TOTAL 446.61 352.52 94.09 533,203
Sources: 2003 Commercial Inventory as of 1-]-03 derived from Property Appraiser's records, GIS, zoning maps &
2003 PUD inventory as of 1-1-03. (prepared by Comprehensive Planning Section).
The Market Conditions Study prepared by Fraser and Mohlke Associates, Inc., comprises of the following
five sections: 1). Market Conditions in Central Urban Collier County, II). Existing Commercial Land
Uses, III). Office Demand Analysis, fV). Summary and Recommendations and V). The Appendix. To
simplify the detailed study an overview of each of the five sections follows:
SECTION I
Agenda Item No. 88
June 8. 2004
195 of 259
Section I ofthe study focuses on the evaluation of growth and infrastructure development in North Naples
and the Urban Estates.
1. Accelerated growth in northern Collier County doubled the population of the North Naples and
Urban Estates Planning Community Districts from 1990 to 2000 and will come close to tripling
the population during the period 1990 to 20 I O. The area is projected to grow from 29,611
persons in 1990 to 110,155 persons in 2010, an increase of 272.01 percent or 80,544 persons.
2. At the time of the market study, no commercial development was in place along either of the
present and future north/south or east/west Livingston Road Corridors.
words strue1c tll.rO\:lgfl are deleted; words underlined are added
Agenda item BE
3. With the exception of Mediterra's Village Commercial Center, no commercial development is
under consideration within the general vicinity of the subject site.
4. There is a clear demonstration of potential market support from a substantial emerging population
within a well-defined Primary Trade Area along the Livingston Road corridors that can validate
claims as to the viability of the proposed office uses on the subject site.
SECTION II
Section II details the dimensions of present commercial development in the North Collier area east of US-
41, concentrating on the Immokalee Road (CR-846) corridor west ofI-75.
.-
1. To justify the need for new office facilities proximate to the expanding residential communities in
the North Collier area covered by the analysis, the study examines the present pattern of
commerciaVindustrial development along the 3.7 mile, west-east CR-846 corridor from US-41
east to its intersection with Interstate I-75.
2. The analysis of commercial land uses demonstatrates the area along CR-846, from US-41 east to
1-75, accommodates only one non-medical, multi-story, freestanding office structures, the Orion
Bank Building. Miscellaneous non-medical office uses are generally confined to one-story
structures, or those located in mixed-use commercial centers, to such a degree that office-related
businesses desiring to serve customers living in adjacent residential communities could be said to
be underserved by available office facilities.
3. Evidence suggests market potential exists for a well-designed office center at the subject site.
The site's location at the intersection of future Veterans Memorial Parkway (east/west Livingston
Road) and north/south Livingston Road is suitable for tenants at competitive rates, and offering
tenant services targeted to meet the present and future needs of area households.
4. Substantial new residential construction, supported by the area's expanding roadway network,
will likely accelerate demand for accessible, well-located office centers providing for the
personal-service needs of future residents.
5. The subject site is well situated for use as a general-purpose office facility that would allow a
concentration of buildings and land uses compatible with adjacent residential uses. The site is
located within the proximity of several large, upscale Planned Unit Developments and will serve
as a transitional facility providing needed services to local households.
SECTION III
- Section III analyzes market demand within and surrounding a proposed Primary Trade Area to guide and
evaluate the petitioner's request:
Agenda Item No. 88
June 8, 2004
196 of 259
,----'- -,--"".- ..--- .-....
.- ~._.-
1. The office location analysis identifies and segments the geographic areas competing for tenants to
occupy developed and/or approved office sites. The study analyzed the Urban Mixed Use
District's coastal-area planning community districts of North Naples and the Urban Estates.
2. Substantial increases in population and employment in urban Collier County have led to
measurable growth in net office-space utilization. The population growth from 1990 to 20 I 0 is
projected to grow 272 percent.
3. Historic population and employment growth rates demonstrate a steadily increasing rate of
available space utilization of new and existing office structures, and the North Collier area is
accelerating its utilization of available office space along the Immokalee Road corridor. A study
of historic job growth examined each of the ten (10) Standard Industrial Classifications (SIC)
categories to determine patterns of category percentage of increases and/or decreases of each SIC
group. Increases are evident in the SIC Groups that are traditional uses of office space (shown in
Table 3.04 of the Market Study).
words strode tRrougli are deleted; words underlined are added
Agenda item BE
4. Estimates of future job growth in Collier County and the North Collier area document that
notable increases are evident in employment groups that are traditional users of office space, e.g.
Transportation/Communication/Utilities (SIC 40-49), Finance/lnsurance/Real Estate (SIC 60-67),
Services (SIC 70-89), and Government (SIC 91-97).
5. By the year 2010, North Collier's estimated 10,517 office-building employees will represent
32.87 percent of the employees calculated to be housed in all of Collier County's office buildings
in 2010. North Collier's estimated share of office jobs in 2010 will represent one out of every
three office workers employed in Collier County.
6. The steady escalation of demand for office-building space in North Collier is reflective of the
area's population increase and is leading to a predictable disequilibrium between the demands for
available office space along the Immokalee Road corridor. To forecast the equilibrium between
office-space supply and office demand the study calculated the likely increase of office
occupancy over time using the Handbook of Labor Statistics (See Table 3.07 of the Market
Study).
7. The recent construction of medical offices near the North Collier Hospital on Immokalee Road
has utilized all but a potential of 75,316 square feet of office space available on land now zoned
appropriately for medical-office uses.
8. Office space needed to accommodate workers in service occupations that the MPO forecasts will
be employed in the Primary Trade Area will require that a total of approximately 82,000 square
feet of new, free-standing office space will be needed to accommodate future service workers.
The estimated category employment of office users is estimated to increase form 21,103 to
31,977 by 2010.
SECTION IV
Section IV of the analysis sets-forth the summary and recommendations pursuant to the finding of the
study:
In conclusion, based on their analysis, Fraser and Mohlke Associates, Inc., recommends the subject site
for those office uses found in the C-I Zoning District that are complementary to surrounding residential
developments, subject to meeting all relevant compatibility criteria promulgated in Collier County's Land
Development Code.
SECTION V Agenda Item No. 88
June 8, 2004
197 of 250
,,-
Provides for the Appendix.
FINDINGS AND CONCLUSIONS:
. Based upon total existing commercial inventory in the primary trade center, staff believes there is
a need for office uses to serve the surrounding communities.
. The magnitude and scale of this project (50,000 square feet of gross leasable floor area) is similar
to neighborhood commercial development.
. The proposed uses and development standards will allow development generally compatible with
uses allowed on surrounding properties.
. The subject property does not abut any commercially zoned property or properties eligible for
commercial zoning; however, the portion of the Mediterra PUD to the north of the subject
property presently permits a village commercial center.
words st:n:Iel( tlinl\:lgh are deleted; words underlined are added
Agenda item BE
"..-.. Lands to the north of the subject site are zoned for the Mediterra PUD and presently vacant. The
.
portion of the PUD lying north of future Veterans Memorial Boulevard and east of Livingston
Road North/South is designated "residential" and open space. In addition, a "village commercial
center" is permitted within this portion of the PUD.
. The subject site has residential development options of up to 15 units per acre utilizing the
affordable housing density bonus.
. The subject site is eligible for institutional uses (adult living facilities, child care, churches,
private and public schools, social organizations, public and recreational facilities).
. The subject site is located at the intersection of Livingston Road and the proposed extension of
Veterans Memorial Boulevard.
. The general area is experiencing changed conditions, most notably the extension of Livingston
Road (a four lane arterial roadway), and intersecting with the proposed Veterans Memorial
Boulevard.
. The Future Land Use text contains language to insure that properties abutting the proposed
Subdistrict shall not be eligible for the application of the Office and Infill Commercial
Subdistrict.
. The Market Study conducted by the firm of Fraser and Mohlke Associates, Inc., substantiates the
need for office space to accommodate workers in service occupations in the Primary Trade Area.
This area will require a total of approximately 82,000 square feet of new, free-standing office
space to accommodate future service workers and the estimated category' employment of office
users is estimated to increase form 21,103 to 31,977 by 2010.
Agenda Item No. 88
June 8, 2004
198 of 256
~'"~--""---.'''~'^'" "-'''-''--' '.-,"- ,-,-.- ....~'~'...-- .......-.-
words struek tRrough are deleted; words underlined are added
Agenda item 8E
STAFF RECOMMENDATION:
That the CCPC forward Petition CP-2003-3 to the BCC with a recommendation of approval to transmit to
the Florida Department of Community of Affairs.
Prepared By: Date:
L. Jean Jourdan, Senior Planner
Comprehensive Planning Department
Reviewed By: Date:
Stan Litsinger, AICP, Director
Comprehensive Planning Department
Approved By: Date:
Joe Schmitt, Administrator
Community Development and Environmental Services Division
PETITION NO.: CP-2003-03
Staff Report for May 20. 2004 CCPC Meeting.
NOTE: This petition has been advertised for the June 8. 2004. BCC Meeting.
COLLIER COUNTY PLANNING COMMISSION: Agenda Item No. 88
June 8, 2004
199 of 25B
-"
Russell A. Budd, Chairman
Agenda Item No. 88
June 8, 2003
200 of 25
~ ~ '__"'___'_'",___,,"_M"___U__" ~"'-~~ _....."..,_. "',~,~ -".-,"'.-." --"
-,~--~,-~- ---
Agenda Item BE
Cq~?: Count:y
"AlA .", ~.~~ ' ,...4
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
DIVISION, COMPREHENSIVE PLANNING DEPARTMENT
DATE: May 20, 2004
RE: PETITION NO. CPSP-2003-10, GROWTH MANAGEMENT PLAN
PHASE 2 AMENDMENTS FOR THE GOLDEN GATE AREA MASTER
PLAN, AS A RESULT OF THE DELIBERATIONS OF THE GOLDEN
GATE AREA MASTER PLAN RESTUDY. [fRANSMITTAL HEARING]
OBJECTIVE:
The Objective of this Staff Report is to present to the Collier County Planning
Commission the proposed Phase 2 Restudy Amendments to the Golden Gate Area
Master Plan. These amendments are primarily derived from the work completed by the
Golden Gate Area Master Plan Restudy Committee between June 2002 and June 2003.
BACKGROUND:
The Board of County Commissioners first appointed the Golden Gate Area Master Plan
Restudy Committee in June of 2001. Due to various factors, including the need to bring
Committee members "up-to-speed" on planning issues, changes to Committee
membership, changes to staff (including Project Managers), and competing projects,
initial progress was slow. In fact, in June of 2002, the life of the Restudy Committee was
extended by one year.
Therefore, the Committee's (and staff's) recommended amendments to the Golden Gate
Area Master Plan were prepared in two phases. The Phase I amendments were
transmitted as part of the 2002 Transmittal Cycle, in March of 2003. The adoption
hearings for the Phase I amendments were held in August and September of 2003.
Meanwhile, the Committee's work on the Phase II Amendments began in October of
2002, and continued until completion of the Restudy Committee's tenure on June 11,
2003. During this period, Committee deliberations focused on issues related to Golden
Gate City, transportation, rural character and emergency management. The Committee
also developed draft language related to the 1-75 Interchange at Golden Gate Parkway,
landscape and architectural criteria for commercial uses, and considered a number of
other issues brought before them by staff.
Agenda Item No. 88
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This report presents the second and final phase of amendments to the GGAMP, as
associated with the Restudy Committee. Also, submitted with the proposed
amendments is a demographic and public opinion survey of residents of the Golden
Gate Area. The survey was conducted in two parts, one for Golden Gate City and one
for the Estates. This survey provided background data for both current and future
planning efforts, and served as a public involvement tool.
These draft amendments also include revisions to the Support Document and
Appendices for the Golden Gate Area Master Plan. These materials provide the
background information and justification for the proposed amendments. However, the
Board of County Commissioners does not formally adopt them.
Below are the major highlights for the proposed Phase II amendments to the Golden
Gate Area Master Plan:
Maior hiahliahts of the proposed amendments to the GGAMP:
a. Changes to the Golden Gate Area Future Land Use Map (FLUM):
1. To establish a new commercial Subdistrict, the "Collier Boulevard
Commercial Subdistrict", in Golden Gate City, between the
intersection of Collier Boulevard and Golden Gate Parkway, and the
intersection of Collier Boulevard and Green Boulevard.
- 2. To establish a 2nd new commercial Subdistrict, also in Golden Gate
City, to be known as the "Downtown Center Commercial
Subdistrict," located generally along the eastern portion of Golden
Gate Parkway.
3. The expansion of the existing Santa Barbara Commercial Subdistrict
designation 1 block further east.
4. To amend the GGAMP Future Land Use Map to show all
Neighborhood Centers.
5. To amend all maps relative to the Everglades Boulevard/lmmokalee
Road Neighborhood Center to exclude the fire station site at the SW
corner of the intersection.
6. To amend the Future Land Use Map to correct the title in legend and
map body for the Commercial Western Estates Infill Subdistrict.
Also, to amend the Subdistrict map to correctly show the Estates
Land Use pattern extending north of Vanderbilt Beach Road.
7. To delete Map 17, showing the South Golden Gate Estates NRPA, as
unnecessary (it is shown on the FLUM).
B. Changes to the Golden Gate Area Master Plan Text:
1. Revisions to text regarding the Conditional Uses Subdistrict to
prevent any new commercial or conditional uses from being
established on Golden Gate Parkway, between Livingston Road and
Santa Barbara Boulevard.
2. A revision to Exceptions to the Conditional Use Subdistrict,
.-. clarifying that Conditional Use Permits related to Model Home
Center Temporary Use Permit time extensions are not subject to
locational criteria.
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2 June 8, 2004
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Agenda Item BE
3. Addition of a new Policy related to the 1-75 Interchange at Golden
Gate Parkway, complementary to the proposed revisions to the
Conditional Uses Subdistrict.
4. Revisions to the criteria for the Neighborhood Center Subdistrict
recognizing permitted and conditional uses relative to the Estates
Future Land Use Designation, and establishing landscaping and
architectural criteria.
5. Addition of text reflecting the creation of the Collier Boulevard and
Downtown Center Commercial Subdistricts, and the expansion of
the Santa Barbara commercial Subdistrict.
6. Revisions to the title and text of the Golden Gate Urban Commercial
In -fi II Subdistrict for format consistency and to delete text
previously moved to the Golden Gate Estates Commercial In-fill
Subdistrict.
7. Revision to text for the Residential Estates Subdistrict to correct
typographical errors.
8. The addition of new Goals, Objectives and Policies related to Rural
Character, Transportation, Golden Gate City and Emergency
Management.
9. Changes, modifications, deletions to various policies.
10. Revising the title of the "Agricultural/Rural Designation - Settlement
Area District" to "Agricultural/Rural Designation - Rural Settlement
Area District" to be consistent with usage in the Future Land Use
Element and Future Land Use Map series.
11. Creation of a new Objective and Policies regarding emergency
evacuation from North Golden Gate Estates through South Golden
Gate Estates.
12. Any text changes or revisions necessary for the purposes of format
consistency.
REQUESTED ACTION:
The proposed map amendments are to the Future Land Use Map and map series of the
Golden Gate Area Master Plan. The proposed text amendments, presented in 6tfike-.
through, underline format, are as follows:
Introduction Section: [revised text: page 2]
Collier County has experienced a tremendOl:.IG rate of population growth Ginco 1 QgO and
tho trend iG antioipated to continue. In roGponse to tho antioipated population incroaGo
and tho Growth Management J\ot of 1 Qg5, In January of 19B9, Collier County adopted a
revised Growth Management Plan (GMP). in January of 1999 aG p3rt of 3 st3tewido
effort to effoctively manage growth. Tho Goldon G3te :\rea (Goe Map 1) h3s grown at an
even higher rate than the COl::lnty Wide rate since 1980 and is projected to contribute
Gignificantly to County Wido growth in the futuro. As part of the revised GMP. the
Countv adopted the oriainal Golden Gate Area Master Plan (GGAMP) in 1991. The
GGAMP was further revised in 1996. The Golden Gate Area Master Plan provides
arowth manaaement reaulations for the desianated Golden Gate Area (see Map 1 ).
Agenda Item No. 88
3 June 8, 2004
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Agenda Item BE
The Golden Gate Area was previously subject to the regulations outlined in the County's
Growth M::maliJemont Pbn Future Land Use Element (FLUE)' However, in 1991, the
unique characteristics of the area resulted in adoption of a ceparate Master Plan for
Golden Gate. as a separate element of the Collier Countv Growth Manaaement Plan.
This Master Plan became a separate Element of the COljnty's Growth Management PI::m
afl4 supersedegs. former Objective 1, Policy 1.1, and Policy 1.3 of the County Wide
Future Land Uce Element FLUE. All other Goals, Objectives, and Policies contained in
'the FlJture LanE:t Use Element FLUE and all other Elements of the GMP remain af9
applicable to the Golden Gate Area. In addition, the Golden Gate Area Future Land Use
Map will be used instead of the County-Wide Future Land Use Map.
In April 1996, the Board of County Commissioners adopted the Evaluation and Appraisal
Report (EAR) for Collier County. As a result of the recommendations made in the EAR,
Ordinance 91-15, which adopted the original Golden Gate Area Master Plan... was
repealed and a new Ordinance 97-64 was adopted.
In Februarv of 2001. the Board of Countv Commissioners directed staff to initiate a
"restudv" of the Golden Gate Area Master Plan. Accordinalv. in June of 2001.
Comprehensive Plannina section staff reauested that the Board appoint an advisory
committee. consistina of residents of Golden Gate Citv and Golden Gate Estates. to aid
staff in the restudy process. The Golden Gate Area Master Plan Restudv Committee
met on over twentv (20) occasions. between June 2001 and June 2003. to consider
proposed amendments to the GGAMP. as well as other matters related to the Golden
~- Gate Area. All meetinas were open to the public. and many meetinas were well
attended.
The Restudv process was divided into two phases. The Countv transmitted Phase I
amendments to the Florida Department of Community Affairs (DCA) in March 2003.
These amendments were adopted. as Ordinance 2003-. and Ordinance 97-64 was
repealed. in October 2003. Phase II amendments were transmitted in September 2003.
The Phase II amendments were adopted in Januarv 2004. as Ordinance 2004-. (Note:
The COffect Ordinance # will be filled in when available.)
This plan includes three major sections:
The OVERVIEW section provides an introduction to County Wide Countywide and
Golden Gate Area planning efforts.
The IMPLEMENT A TION STRATEGY places the Plan into effect. Strategies have been
developed to address land use, public facilities, transportation . rural character.
emeraencv manaaement and natural resources. This section also includes the Goals,
Objectives, and Policies, and the Golden Gate Area Future Land Use Map.
The SUPPORT DOCUMENT outlines data and information used to develop the
implementation strategy.. aM includina the Goals, Objectives, and Policies.
-
Agenda Item No. 88
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Overview Section: [revised text: page 4]
II. OVERVIEW
A. COUNTY-WIDE PLANNING PROCESS
Pursuant to As m:md3ted by Chapter 163, Florida Statutes, the "Local Comprehensive
Planning and Land Development Regulations Act" and Chapter 9J-5, Florida
Administrative Code, "Minimum Criteria for Review of Local Comprehensive Plans and
Determination of Compliance", the Collier County adopted a new Growth Management
Plan in J3nU31)' of 1989 must contain the followina elements: This legislation requires 311
Counties and municip::1Iities throughout the State of Florida to do'/elop 3 pl3n, v:hich
consists of the follov:ing oloments:
1. Land Use;
2. Transport3tion;
d. Housing;
1. Public F3cilitios;
5. C3pit31Impro'.'ement;
6. Rocreation 3nd Open Sp3ce;
7. Intorgo'lernment31 Coordination;
8. Housing; 3nd
9. Conserv3tion and Coastal M3naacment (Co:Jst:J1 Counties).
1. Future Land Use
2. Housina
3. Public Facilities
4. Conservation and Coastal Manaaement (Coastal Counties only)
5. Interaovernmental Coordination
6. Capital Improvements
7. Transportation
8. Recreation & Open Space.
In addition to the above elements. local aovernment comprehensive plans in Florida
may. by decision of the local leaislative body. contain one or more ootional elements.
Optional elements are reauired to comoly with certain aeneral criteria under Rule 9J-5.
Florida Administrative Code. but are not subiect to specific reauirements (with some
exceptions). In 1991. the Board of County Commissioners chose the ootion of adootina
the Golden Gate Area Master Plan. in recoanition of the uniaue characteristics of the
Golden Gate Area.
In addition to establishina the Collier County Growth Manaaement Plan's mandatory
structure. Chapter 163, F.S. and Rule 9J-5, F.A.C.. also subiect require th3t the Growth
M3n3gement Plan to a mandatory evaluation process be evaluated every 7 years", This
process involves the preparation of ::md prepare an Evaluation and Appraisal Report
(EAR) to determine Raw whether. and to what extent the existing Growth Management
Plan has carried out its stated Goals, Objectives and Policies. In April 1 996, tho Board of
County Commissioners adopted tho E.^.R In 1997. Tho Golden G3te Area M3ster Pl3n
h3s boen readoptod to carry out the recomR1end3tions of the E^.R pursuant to EAR
Agenda Item No. 88
5 June 8, 2004
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Agenda Item BE
.-
recommendations. the Collier Countv Board of Countv Commissioners repealed the
1991 GGAMP and adopted a revised version of the Golden Gate Area Master Plan.
B. GOLDEN GATE AREA PLANNING PROCESS
Collier Countye; Futuro Land Ue;e Eloment ie; dividod into two soctione;. The fire;t e;ection
outlines the Goals, Os.jectivee; and Policiee;. The e;ocond e;ection ie; the Land Ue;e Data
:md Analysis.
Policy 1.1, cont3ined v:ithin tho Goalc, Objoctivee; and Policiee; e;oction, states the
following:
"^ detailed e;eotor plan for Golden Gate Estatee; shall be developed and
incorporated into this Growth Managoment Plan by :\ugue;t, 1991. The e;ector
plan shall address Natural Ree;ouroee;, Futuro Land Use, W3tor Managemont,
Public FacilitieE: and othor consideratione;."
Obiective 4 of the Collier Countv Future Land Use Element (FLUE) allows the
countYWide plannina process to "address specific aeoaraphic or issue areas." Policv 4.1
of this obiective reads as follows:
"A detailed Master Plan for Golden Gate Estates has been developed and was
incorporated into this Growth Manaaement Plan in Februarv. 1991. The Master
Plan addresses Natural Resources. Future Land Use. Water Manaaement.
- Public Facilities and other considerations."
In February 1991, the Board of County Commissioners adopted the original Golden Gate
Area Master Plan", The oriainal Master Plan incorporated the after ae;e;ie;tance ::md
recommendations of fFem a Citizens Steering Committee. A revised and updated
Master Plan was adopted in 1997. pursuant to recommendations contained in the
County's 1996 Evaluation And Appraisal Report. In 2001 the Board of Countv
Commissioners established the Golden Gate Area Master Plan restudv Committee and
directed staff to work with the Committee to further revise and update the Master Plan.
The Board of Countv Commissioners adopted revisions to the GGAMP. incorooratina
the recommendations of the Restudv Committee. in 2003 and 2004.
Policy 1.1.1: [revised text, page 5]
The URBAN Future Land Use Designation shall include Future Land Use Districts and
Subdistricts for:
1. URBAN - MIXED USE DISTRICT
a. Urban Residential Subdistrict
b. High Density Residential Subdistrict
2. URBAN - COMMERCIAL DISTRICTS
a. Activity Center Subdistrict
b. Golden Gate Commercial In-fill Subdistrict
c. Commercial Under Criteria Subdistrict
-- d. Interstate Activity Center Subdistrict
e. Santa Barbara Commercial Subdistrict
Agenda Item No. 88
6 June 8, 2004
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f. Golden Gate Parkway Professional Office Commercial Subdistrict
g. Downtown Center Commercial Subdistrict
h. Collier Boulevard Commercial Subdistrict
Policy 1.2.2: [deleted text, page 7]
The Golden G::lto Area Master PIi3Fl sh:111 be updated on an ::lnnu31 83sis to refloct
changes in progrnmmed public fncility improvements.
PoliGY 1.2.6: [deleted text, page 7]
The Golden Gato Fire District in cooporation 'Nith County entities if appropri3te, sh311
invostigate the establishmont of porm3nent drafting stations strategically locnted 310ng
tho cnn31s in Golden Gate Est3tes 3S a water resourco to fight fires within the are3.
Policy 1.3.2: [deleted text, page 8]
The Golden Gato J\re::l Master Pbn sh311 bo upd3ted within 3 re3son3ble time period
after the d3te cet forth for completion in Policies 1.1 3nd 1.3 of the Conserv3tion 3nd
C03et31 M3n3gemont Element of tho Growth M3n3gement Pbn.
Policy 2.2.2: [deleted text, page 9]
The County will design3te a member of the Community Development 3nd Environment31
Servicee Division to 3ct 3S Iiaieon between property owners 3nd DEP so 3S to provide
3ccurate infonllation reg3rding tho 3cquisition of 13nd in SGGE.
OBJECTIVE 2.3: [deleted text, page 10]
In order to further this Goal, Collier COl::lnty recognizes the DEP's Work Plan and time
fr3mes for completion of the re3ppr3ie31 3nd purch3se of bnds in SGGE 3& follmvs:
. Reappr3is31 of lands by December 1998, using the Uniform St3nd3rds of
Professional Appr3isal Pr3ctices, '/o'ithout limiting conditione.
. Complete purchase of the SGGE project by December 31, 2000.
Policy 2.3.1: [deleted text, page 10]
Rocognizing the time frames described in Objective 2.d ::lbovo, if either the re3ppr3is31
or purch3se i& not oompleted by the dates specified in the \^Iork PI::m, the Board of
County Commissioners will initbte the process to amend tho Growth Managemont PI3n
to delote G031 2 and its relatod Objectives and Policies during the first amendment cycle
following the fir&t &cheduled completion d3te of Deoembor, 1998 described in the Work
~
Objective 2.4: [new text, page 10]
Collier County recoanizes that the southerlv extension of Everalades Boulevard throuah
the South Golden Gate Estates Area orovides an emeraencv evacuation route for the
residents of that oortion of Golden Gate Estates located alona Everalades and DeSoto
Agenda Item No. 88
7 June 8, 2004
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Agenda Item BE
.~""'"
Boulevards. south of Golden Gate Boulevard. as well as an eoress route for emeroencv
eauipment into the southeastem portion of the Estates. Further. Collier County commits
to not allowino those emeroencv methods of eoress and evacuation to be eliminated.
until such time as thev can be suitablv replaced.
Policv 2.4.1: [new text, page 10]
Uoon the adoption of this Objective and Policv. the Collier Countv Transportation
Administration. the Collier County Emeroencv Manaaement Aoencv. the Golden Gate
Fire and Rescue District. and other entities as deemed appropriate. shall beoin
discussion with the Florida Department of Environmental Protection (FDEP). and the
Florida Division of Forestrv. for the purpose of establishina an emeroencv access and
evacuation route throuoh the South Golden Gate Estates Area.
Goal 3: [new text, page 10]
Collier County Plannino Efforts Within Golden Gate City Shall Seek To Preserve And
Enhance A Mix Of Residential. Commercial And Institutional Land Uses That Provides
For The Basic Needs Of Both The Local Residents And The Residents Of The
Surroundino Area.
Obiective 3.1 : [new text, page 10]
-- Development and redevelopment within Golden Gate City shall focus on the provision of
residential. commercial and conditional uses that meet the needs of the surroundina
area.
Policy 3.1.1: [new text, page 10]
Bv 2005. Collier Countv shall develop an implementation schedule for the
creation of a communitv-plannino prooram for Golden Gate Citv. The
implementation schedule shall take into consideration the followino issues:
a) Affordable housino based upon Home Ownership:
b) Commercial re-vitalization. to include:
i. Sidewalks
ii. Traffic calmino measures
iii. Improved street liohtino:
c) Neiohborhood parks. open space and recreational centers: and
d) Crime reduction.
e) Consistent enforcement of Land Development Reoulations.
f) Improved Iiohtina for streets and parkino areas.
Policy 3.1.2: [new text, page 10]
- Bv 2005. Collier County shall beoin to examine. bv holdina communitv meetinas. the
feasibilitv of establishino neiahborhood-based plannino oroarams within Golden Gate
Agenda Item No. 88
8 June 8, 2004
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Agenda Item BE
City that focus on uniaue or distinct features of the different portions of the community.
While focusina on distinct areas within the community. such neiahborhood plannina
efforts as may be established shall not nealect Golden Gate City as a whole.
Policy 3.1.3: [new text, page 10]
Bv 2005. Collier County shall examine the feasibilitv of craftina Land Development Code
lanauaae specific to the Golden Gate City community. Such lanauaae as may be
crafted shall focus on the uniaue circumstances of the community.
Goal 4: [new text, page 10]
Future Growth and Development Within Golden Gate Estates Will Balance The Desire
Bv Residents For Urban Amenities With The Preservation Of The Area's Rural
Character. As Defined Bv Wooded Lots. The Keepina Of Livestock. The Abilitv To Grow
Crops. Wildlife Activitv. Low-Densitv Residential Development. And Limitations On
Commercial And Conditional Uses.
Objective 4.1: [new text, page 10]
Bv 2005, the Collier County Land Development Code will contain provisions that reauire
new commercial development within Golden Gate Estates to complv with specific Rural
Desian Standards.
Policy 4.1.1: [new text, page 10]
Upon the adoption of these provisions. all new commercial development within the
Estates-Mixed Use District will be subiect to the architectural and landscape desian
standards. referenced within the Estates Desianation. Compliance with these desian
standards shall be in addition to any standards that may be contained within specific
subdistricts.
Policy 4.1.2: [new text, page 10]
Consistent with public safety reauirements. street. recreational and structure liahtina
within Golden Gate Estates shall be placed. constructed and maintained in such manner
as to prevent or reduce liaht pollution. In implementina this policv. the County shall
applv the followina standards:
a. If a streetliaht or an area liaht is reauired. it shall be of the type specified
below to protect neiahbors from direct rays. Area Iiahtina shall be shielded
such that direct rays do not pass property lines. Low-pressure sodium lamps are
encouraaed while haloaen type liahts are discouraaed.
1. Where reauired. the street lamp shall be of the hiah pressure sodium type
and have a "cobra head with flat bottom" stvle or fullv shielded such that
liaht is directed onlv downward. Streetlamps shall be mounted on a wood
pole at a heiaht and wattaae recommended bv the appropriate electric
utilitv and as appropriate for a rural area.
2. Parkina lot lamps shall low-pressure sodium type lamps and shall be
mounted such that they point downward without direct rays extendina
Agenda Item No. 88
9 June 8, 2004
209 of 250
Agenda Item BE
--
oast the oarkina lot. buildina entrance. walkwav. or area intended to be
illuminated.
b. In situations where liahtina of recreational areas is reauired. such liahtina shall be
mounted so as to focus illumination on the areas intended to be illuminated. and
tQ limit the amount of liaht that exteOQs outside the intended area.
Oblective 4.2: [new text, after page 10]
The orovision of oublic infrastructure shall be balanced with the need to oreserve the
rural character of Golden Gate Estates.
Policv 4.2.1: [new text, after page 10]
Future road and bridae imorovements in Golden Gate Estates shall not onlv provide for
safety and reasonable mobilitv. but shall also contribute to the rural character of the
area. Transoortation imorovements shall be desianed in context with their settina.
Policv 4.2.2: [new text, after page 10]
The Collier County Parks and Recreation Deoartment shall create a oublic network of
areenwav corridors within Golden Gate Estates that interconnects oublic lands and
oermanentlv orotected areensoace. The first seament of areenwav shall be in olace bv
2005. The areenwav network shall consist of interconnected trails and oaths. which
allow oeoole to move about the Estates Area bv means other than. motorized vehicles.
All areenwavs shall be constructed within existina or future oublic riahts-of-wav. In
creatina the areenwav network. the County shall not emolov imminent domain
oroceedinas.
Policv 4.2.3: [new text, after page 1 0]
Recoanizina the existina residential nature of the land uses surroundina the planned 1-75
interchanae at Golden Gate Parkway. as well as the restrictions on conditional uses
contained within the Conditional Uses Subdistrict of the Golden Gate Area Master Plan.
there shall be no further commercial re-zonina for orooerties abuttina Golden Gate
Parkway. between Livinaston Road and Santa Barbara Boulevard. Further. no
orooerties abuttina streets accessina Golden Gate Parkway within the above-defined
seament shall be allowed to rezone for commercial uses.
Obiective 4.3: [new text, after page 10]
Bv 2005. the Collier County Land Develooment Code will imolement orovisions aimed at
orotectina the Rural Character of Golden Gate Estates. These orovisions shall oreserve
the rural aooearance of Golden Gate Estates bv soecificallv recoanizina the Estates
Area's rural amenities. such as. but not limited to. Wooded Lots. The Keeoina Of
Livestock. The Abilitv To Grow Croos. Wildlife Activitv. and Low-Densitv Residential
Develooment.
Agenda Item No. 88
10 June 8, 2004
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Policv 4.3.1: [new text, after page 10]
Bv 2005. the Collier Countv land Develooment Code (lDC) will imolement provisions to
allow for staaaered structural setback reauirements for adioinina 75-foot-wide lots. so as
to allow oarkina of work vehicles. commercial vehicles and eauioment in rear vards.
Such provisions will also aid emeraencv vehicle access to the rear of structures.
Policv 4.3.2: [new text, after page 10]
It shall henceforth be the oolicv of the Collier County Board of Countv Commissioners
not to orohibit the arowina of food croos or the keeoina of livestock on orooerties within
Golden Gate Estates. provided that such activities are conducted within the bounds of
the land Develooment Code and do not create a oublic nuisance.
Policv 4.3.3: [new text, after page 10]
Bv 2005. the lDC provisions for Golden Gate Estates shall be adiusted (as necessarv)
so as to encouraae the oreservation of wooded residential lots and the oreservation of
native veaetation and wildlife common to the Estates Area.
GOAL 5: [new text, after page 10]
Future Transoortation Imorovements Within The Golden Gate Area shall Provide For A
Safe And Efficient Countv And local Roadwav Network. While At The Same Time
Seekina To Preserve The Rural Character Of Golden Gate Estates.
Obiective 5.1: [new text, after page 10]
The Collier Countv Transoortation Division will continue to work to increase the number
of route alternatives for traffic movina throuah the Golden Gate Area on both east-west
and north-south axes.
Policv 5.1.1: [new text, after page 10]
In olannina to increase the number of route alternatives throuah the Estates Area. the
Collier Countv Transoortation Division will orioritize the followina routes over other
alternatives.
a. The extension of Vanderbilt Beach Road from its current (2003) terminus to
DeSoto Boulevard.
b. The develooment of a north-south connection from the eastern terminus of White
Boulevard to Golden Gate Boulevard.
c. The continued develooment of a new east-west roadway crossina the Estates
south of Golden Gate Boulevard. This roadwav shall not be constructed within or
adiacent to the existina canal ROW.
Policv 5.1.2: [new text, after page 10]
Collier County shall coordinate with the Florida Deoartment of Transoortation to initiate a
study of a ootential interchanae in the vicinitv of 1-75 and Everalades Boulevard.
Agenda Item No. 88
II June 8, 2004
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Agenda Item BE
Obiective 5.2: [new text, after page 10]
For the ouroose of limitina traffic on arterials and maior collectors within Golden Gate
Estates. shortenina vehicular trios. and increasina overall road system caoacitv. the
County will activelv work to increase linkaaes within the local road system.
Policv 5.2.1: [new text, after page 10]
The County shall continue to exolore alternative financina methods to facilitate both east
west and north south bridaina of canals within Golden Gate Estates.
Policv 5.2.2: [new text, after page 10]
Plannina and riaht-of-wav acauisition for bridaes within the Estates local road system
shall make adeauate orovision for sidewalks and bike lanes.
Policv 5.2.3: [new text, after page 10]
Sidewalks and bike lanes shall orovide access to aovernment facilities. schools.
commercial areas and the olanned County areenwav network.
Objective 5.3: [new text, after page 10]
_.. In olannina and constructina road imorovements within Golden Gate Estates and Golden
Gate City. Collier County shall coordinate with local emeraencv manaaement officials to
ensure that the access needs of fire deoartment. oolice and emeraencv manaaement
oersonnel and vehicles are met.
Policv 5.3.1: [new text, after page 10]
Beainnina in 2004. or at the date of effectiveness of this oolicv. the Collier County
Transoortation Plannina Deoartment shall hold at least one (1) annual meetina with
Golden Gate Area Emeraencv officials in order to ensure that emeraencv needs are
addressed durina the acauisition of riaht-of-wav for. desian and construction of road
imorovements.
Policv 5.3.2: [new text, after page 10]
Beainnina in 2004. or at the date of effectiveness of this oolicv. the Collier County
Transoortation Plannina Deoartment shall coordinate with Golden Gate Area emeraencv
officials to orioritize necessarY road imorovements related to emeraencv evacuation
needs.
GOAL 6: [new text, after page 10]
The lives And Prooertv Of The Residents Of The Greater Golden Gate Area. As Well As
The Health Of The Natural Environment. Will Be Protected Throuah The Provision Of
.'"....., Emeraencv Services That Preoare For. Mitiaate And Resoond To Natural And Manmade
Disasters.
Agenda Item No. 88
12 June 8, 2004
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Objective 6.1: [new text, after page 10]
Collier County Emeraency Manaaement. Collier County Sheriffs Department.
Emeraency Medical Services. Golden Gate Area Fire Districts. and other appropriate
aaencies will continue to maintain and imolement public information proarams to inform
residents and visitors of the Greater Golden Gate Area reaardina the means to prevent,
prepare for and cope with disaster situations.
Policv 6.1.1: [new text, after page 10]
The County. Golden Gate Area Fire Districts. and appropriate aaencies shall embark on
an education proaram to help residents know and understand the value and need for
prescribed burnina on public lands in hiah risk fire areas.
Policv 6.1.2: [new text, after page 10]
The Golden Gate Area Fire Districts and Collier County Emeraency Manaaement shall
activelv promote the Firewise Communities Proaram. throuah public education. in
Golden Gate Estates.
Policv 6.1.3: [new text, after page 10]
By 2005. the Collier County Community Develooment and Environmental Services
Division shall evaluate the Land Development Codes for Golden Gate Estates and shall
eliminate LDC requirements that are found to be inconsistent with acceptable fire
prevention standards. This evaluation process shall be coordinated with the Golden
Gate Area Fire Districts and Collier County Emeraency Manaaement.
Policv 6.1.4: [new text, after page 10]
The Golden Gate Area Fire Districts and Collier County Emeraency Manaaement shall
hold one or more annual "open house" presentations in the Golden Gate Area
emohasizina issues related to wildfires. floodina. emeraency access issues and aeneral
emeraency manaaement.
Objective 6.2: [new text, after page 10]
Beainnina uoon the date of effectiveness of this Goal Area. capital improvement oroiects
within the Golden Gate Area shall be coordinated with all applicable emeraency
manaaement aaencies to ensure that the needs of these entities are included in the
overall proiect desian.
Policv 6.2.1: [new text, after page 10]
Preparation of Collier County's annual Schedule of Capital Improvements for proiects
within the Golden Gate Area shall henceforth be coordinated with the applicable fire
districts. public and private utilities, emeraency medical services and the Collier County
Sheriff's Department to ensure that proiect desians are consistent with the needs of
these aaencies.
Agenda Item No. 88
13 June 8, 2004 .
213 of 250
Agenda Item BE
.'-
Policy 6.2.2: [new text, after page 10]
The aoolicable fire districts. emerqencv medical services and the Collier County Sheriffs
Deoartment shall henceforth be cooied on any ore-construction plans for caoital
imoroyement projects in the Golden Gate Area and shall be inyited to reyiew and
comment on such olans.
Obiective 6.3: [new text, after page 10]
An onqoinq emerqencv manaqement concern within the Golden Gate Area is the lack of
suitable evacuation routes traversinq the entire Golden Gate Estates Area. The Collier
County Transoortation Division is currentlv imolementinq lono-term olans to enhance
roadway interconnectivitv. These interconnections will eventuallv act to reduce the
Area's overall evacuation times and to reduce the risk that the residents of any oortion of
Golden Gate Estates or Golden Gate City will be traooed in their homes in the event of a
laroe-scale disaster. However. there exists a need to identify short-term evacuation
measures. as a temoorary fix until the planned interconnections are in place.
Policy 6.3.1: [new text, after page 10]
Bv 2005, Collier County Emerqencv Manaqement. the Collier County Transoortation
Division. Golden Gate Area Fire Departments. and other aoorooriate Federal. State or
local aqencies shall beqin establishinq one or more of the followinq routes for
- emerqencvevacuation ourooses:
a. An 1-75 Interchanqe at Everqlades Boulevard.
b. Imoroved emerqencv access from Everolades Boulevard to 1-75.
c. Maintaininq a road connection alonq Everolades Boulevard from Immokalee
Road to U.S. 41.
d. Construction of a north-south bridqe on 23rd Street. SW. between White
Boulevard and Golden Gate Boulevard.
Policy 6.3.2: [new text, after page 10]
All new residential structures should comoly with NFPA (National Fire Protection
Association. Incoroorated) 299 Standard for Protection of Life and Prooertv from Wildfire
1997 Edition as adooted bv reference in the Florida Fire Code or the most recent
amended edition.
Policy 6.3.3: [new text, after page 10]
Modified oortions of existinq structures shall meet these Standards throuqh the adootion
of aooroDriate lanquaqe in the buildinq code.
Policy 6.3.4: [new text, after page 10]
Beqinninq in 2005, vacant orooerties shall be maintained in accordance with acceotable
fire orevention oractices. Such maintenance shall include the removal of hiqhlv
.- flammable soecies such as Melaleuca and the reduction of the density of other
Agenda Item No. 88
14 June 8, 2004
214 of 250
_..,--- ---''--''---'''''' -.---,,-- ~-----"-
~
Agenda Item BE
veaetative fuels. Disincentives to the maintenance of such orooerties shall be reolaced
with an incentive system to facilitate the removal of hiah-risk veaetation.
Policv 6.3.5: [new text, after page 10]
Beainnina in 2005. County-owned oroperty within Golden Gate Estates shall have an
active. on-aoina manaaement plan to help reduce the Countv Iiabilitv for damaae caused
by wildfires comina off County-owned properties.
PROPOSED CHANGES TO LAND USE DESlGNA TIONS
f2) Golden Gate Urban Commercial In-fill Subdistrict. title & DaraQraDh f)
[deleted text, page 16,17]
f) Any project loc3ted within tho in fill 3r03 3t the northwest corner of Golden G3tO
P3rkway :md S3nt;::l ~hrb3r3 Boulov3rd. loss 3nd oxoopt 3n e3s0ment for S3nt3
B3rb3Fa Boulov3rd right of W3Y sh311 bo subject to tho following 3dditioml
dO'/olopmont rostrictions
1 . The site ch311 bo Iimitod to thirty fivo thous3nd (35.000) squ3re feet of
building ar03.
2. L3nd uses ch311 be restricted to offices only.
3. /\11 princip31 structures ch311 be required -to h3vo 3 minimum setb30k of
one hundrod (100) feot from the project's northorn bound3ry.
1. Tho northorn sevonty fivo (75) feet of tho westorn sixty (eO) poroont of tho
site sh311 bo 3 green 3r03 (opon sp3ce 3rD3). It sh311 be utilizod for only
w3tor m3n3gemont f3cilities, 13ndsc3pe buffers, 3nd simil3r uses.
5. The wostorn sixty (60) porcont of tho Lito sh311 h3ve ::m outdoor
podestrian friendly p3tio 3fC3(S). ~~3t tot31 3t loast fivo hundred (500)
SqU3rD foot in 3rD:::J :::Jnd incorpor3te :::J minimum of: bonohes or sO:::Jting
:::JrD:::JS for 3t le3st twelvo (12) porsons, :::Jnd vegetative sh::Jding, ::Jnd 3
w:::Jteri311 or w::Jter f03turo of :::Jt le3st one hundred (100) squ::Jre feot in
3re3, 3ns briok p::Jvors.
6. ^ P,lJonty fivo (25) foot wide bndsc::Jpod strip sh311 bo provided ::Jlong tho
entire front3ge of both Goldon G3tO P::Jrkw::JY and S::Jnt::J B::Jrbar3
Boulo'/::Jrd.
. , A minimum buffor of thirty five (35) foet in width shall be provided ::JIang
the project's 'Nestorn bound::Jry ::Jnd ::Jlong the e::Jstern forty (40) percont of
the projeot's northem bound::Jry. A minimum bwf:fer of frf:ty (aD) feot in
.....idth shall be provided ::JIang tho '.vestern sixty (eO) percent of tho
prDjeot's northern bound::Jry. \^lhoro feasible, existing native ve~et3tion
shall be ret::lined within those buffers along the projeot's western and
northern bOl:md::Jries. Theso buffors sh::J1I be supplomented with Oak or
~bhog3ny trees pl3nted 3 m3ximum of w:enty (20) feet ::Jp::Jrt in ::J
Agenda Item No. 88
15 June 8, 2004
215 of 250
.
Agenda Item BE
.-
staggered m::mner; and a seven (7) foot wall, fence, or hedge that ..viII,
'....ithin two (2) yoaFE: af planting, gro.." to a minimum height of seven (7)
feet and bo a mirlimum of rlinety five (95) percent opaque.
8. All buileingG GRail have tile or FRetal roofG, or docorative p:lr:JJ)et walls
above the roof Iino, :Jm.! buildings ch:J1I be finished in light subdued colors
except for decerative trim.
9. Building height!;; shall be limited to one (1) story :Jnd :J maximum of thirty
fi'le (35) feot.
10. :\11 lighting f:Jcilitios sh:J1I be architecturally dosigned, and limited to 3
height of fwenty five (25) foot. Such lighting facilities sh:J1I be shielded
from neighboring residentiall:Jnd usos.
11 Thoro shall be no ingross or egross on S:Jnta Barb:Jr:J Boulevard.
4) Interchanae Interstate Activity Center Subdistrict [revised text, page 18]
On the fringes of the Golden Gate Area Master Plan boundaries. there are several
parcels that are located within t:R& Interstatechanoe Activity Center #10 at 1-75 and Pine
Ridge Road as detailed in the County-wide Future Land Use Element (FLUE). Parcels
within this Activity Center are subject to the County-Wide FLUE and not this Master
-- Pian.
See Map 6 for a detailed map of this Activity Center" Bound:Jrj
5) Pine Ridae Road Mixed Use Subdistrict [revised text, page 18]
Adjacent to tl:Hs Interchanoe Activity Center #1 0 on the west side of 1-75 and on the north
side of Pine Ridge Road is a property comprising 12.79 acres located to the west of the
Naples Gateway PUD, which is designated as the Pine Ridge Road Mixed Use
SubdG-istrict and consists of Tracts.1.. 12. 13, and 2B of Golden Gate Estates, Unit 35, as
recorded in Plat Book 7, Page B5, of the Public Records of Collier County. Within this
Subdistrict no more than 35,000 square feet of office:related uses on 5 acres are
permitted within the eastern portion of this property. The property in its entirety is also
permitted to be developed with the following Conditional Uses of the Estates Zoning
District with a maximum floor area ratio (FAR) of 0.45: Category I and II Group Care
Facilities; care units; nursing homes; assisted living facilities pursuant to 400.402 F.S.
and ch. 58A-5 F.A.C.; continuing care retirement communities pursuant to 651 F.S. and
ch. 4-1B3 FAC.; schools; churches; and child and adult day care facilities. Such
permitted uses shall be encouraged to be submitted as a Planned Unit Development for
the subject properly in its entirety, with special attention to be provided for shared
access, water management, uniform landscaping, sign age, screening and buffering, and
other pertinent development standards to ensure compatibility with nearby residential
areas, and subject to the following additional criteria:
. There shall be no access onto Livingston Woods Lane"
- . There shall be a minimum landscaped buffer along the north :Jnd WOGt
property AAe& line of 75 feet7"
Agenda Item No. 88
16 June 8, 2004
216 of 250
~-"._,-~..- _...~'. -_... ~---- .-..,.----
Agenda Item BE
. Driveway access, parking and water management facilities may be allowed
within the 75' ~ setback area along the north property line but none of
these uses shall be located closer than 30 feet to the west or north property
line--;.", aM
. No automobile parking, homeless shelters or soup kitchens shall be
permittedi-,-ARa
. The eastern 2.59 acres, more or less, of Tract 2B shall be preserved as
wetlands and no development may occur within this area7"
See Map 6 for a detailed map of tRffi bounckH)' this subdistrict.
if 6) Santa Barbara Commercial Subdistrict [revised text, page 20]
Tho intont of this ~ubdistrict (M3p 7) is to provide Goldon G3to City with addition31
opportunities for sFfl311 scale commercial development. ~uch development is intended to
corvo tho surrounding neighborhoods and porsons travoling nearby. This Subdistrict is
intended to: contain low intensity usos which generate/attract relativoly low traffic
yoll::.lmos; bo appropriately landscapod and buffered to protect nearby residential areas;
be architecturally dosigned so as to bo compatiBle with nearby residontial areot:; and,
limit 3ccess to promote public safety 3nd lessen interrl::.lptions to traffic flow on ~anta
Barbara Boulovard. Aggregation of lots is strongly encour3ged so 3S to allow greater
floxibility in sito design and 03S0 in complianco 'Nith parking requiremonts and other
dovelopment standards. The typos of uses permitted 3ro low intensity retail, offices,
personal corvices, and institutional usos, such as churchos 3nd d3Y care centers.
The boundaries of the Subdistrict are hereby expanded to include the former
Commercial Subdistrict and also to extend approximately two blocks to the east of the
former boundary (see Map 7). The intent of the Santa Barbara Commercial Subdistrict
is to provide Golden Gate City with an area that is Drimarily commercial. with an
allowance for certain conditional uses. The types of uses permitted within this
Subdistrict are low intensity retail. offices. personal services. and institutional uses. such
as churches and day care centers. Such development is intended to serve the needs of
residents within the Subdistrict and surroundina neiahborhoods and Dersons travelina
nearby.
Commercial and institutional uses oermitted within this Subdistrict are those that:
. Generate/attract relatively low traffic volumes;
. Are approoriately landscaoed and buffered to protect nearby residential
prooerties:
. Are architecturally desianed to be compatible with nearby residential areas:
. Limit access and traffic flow to or from Santa Barbara Boulevard: and
. For public safety PL rposes, restrict commercial traffic on local streets to
dayliaht hours.
This ~l::.Ibdistrict is intendod to promote commercial development opportllnities.
Therefore, in order to redl:lce the potential conflicts that FRay result from residential and
commorcial uses in close proximity; existing residential uses ml:lst cease to exist no btor
than ten (10) yoars after the effective dato of the adoption of this ~ubdistrict. This does
not require tho rernov31 of the residential strlJctlJres if thoy can be, and are, convertod to
Agenda Item No. 88
17 June 8, 2004
217 of 250
- Agenda Item BE
uses permitted in this Sl:Ibdistrict within one additional year. This requirement to oease
existing resisentialuses does not apply to o....'ner occupied d'.velling unite.
This Subdistrict is intended to promote commercial and institutional develooment
oooortunities. Therefore. in order to reduce the ootential conflicts that mav result from
residential. commercial and institutional uses in close proximity: existina residential uses
must cease to exist no later than five (5) vears after the effective date of the adootion of
the revised Subdistrict boundaries. This does not reauire the removal of the residential
structures if thev can be. and are. converted to uses oermitted in this Subdistrict. within
one additional vear. This reauirement to cease existina residential uses does not aoolv
to owner-occuoied dwellina units.
Within one year of th~ effective dat~ elf the adoption of tRis S1:lbdistriet, tRe LaRd
D~\'elopment Code shall be ameAd~d to previde specific l:lS~S and dey~loJ3ment stal'ldards
to implemeAt this Sl:lbdistrict. Th~s~ shall include:
1. L:Jndec:Jping :Jnd buffering requirements.
2 l\rchitectur:J1 design stand:Jrds.
3. Requirement to ceace residential uses.
1. Prohibition of :Jutomobile service st:Jtions and simibr rep:Jir facilitios. This does
not proclude convenience m:Jrtc with g:Jcolino pumps.
5. Encour:Jgement of sh:Jrod p:Jrking with adj::lcent projects, wherever possible.
-.- 6. ^ minimum project :Jrea roquirement of 1 :Jore.
7. Encouragement of sh:Jrod :Jccess.
8. Encour:Jgement of pedestri:Jn tr:Jffic by requiring eidow:Jlke :Jnd roquiring
adj:Jcent projects to coordin:Jte loc::ltion of sidewalks.
9. Building height limit:Jtion of two stories m::lximum, not to excoed 35 foot.
10. Signage Restrictions.
Within one year of the effective date of the adootion of the revised Subdistrict
boundaries. the Land Develooment Code shall be amended to orovide soecific uses and
develooment standards to imolement the revised Subdistrict. These shall include. but
not necessarilv be limited to:
1. Landscaoina and bufferina reauirements
2. Water manaaement orovisions.
3. Architectural desian standards.
4. Prohibition of automobile service stations and similar reoair facilities. This does
not preclude convenience marts with aasoline oumos.
5. Encouraaement of shared oarkina and access with adiacent oroiects. wherever
oossible.
6. Provisions allowina local street vacation or relocation if alternate access is
orovided.
7. A minimum oroiect size of 1 acre.
8. Encouraaement of submittal of oroiects in the form of a PUD.
9. Provisions for sidewalks and coordination of sidewalk location between adiacent
orooerties.
,_. 10. Sianaae restrictions.
II. Buildina heiaht limitation of two stories. not to exceed a maximum of 35 feet.
Agenda Item No. 88
ll'l June 8. 2004
218 of 250
.------ --_......~. . .~~-- "-~"- " '-~--'~-----
Agenda Item BE
12. Variance provisions applicable to the above items. except items 4.6. 9. 10 and
11-
8) Downtown Center Commercial Subdistrict [new text, page 23]
The types of uses oermitted within the Downtown Center Subdistrict (see Map 10) are
low intensitv retail. offices. personal services. and institutional uses. such as churches
and day care centers. Such development is intended to serve the needs of residents
within the Subdistrict and surroundina neiahborhoods and persons travelina nearby.
Therefore. in order to reduce the ootential conflicts that may result from residential.
commercial and institutional uses in close proximity: existina residential units located
alona Golden Gate Parkway must cease to exist no later than five (5) years after the
effective date of the adoption of this Subdistrict. This Subdistrict does not reauire
removal of residential units that are not located alona Golden Gate Parkway. Nor. does
this Subdistrict require the removal of any residential structures if they can be. and are.
converted to uses permitted in this Subdistrict. within one additional year. This
requirement to cease existina residential uses alona Golden Gate Parkway does not
apply to owner-occupied dwellina units.
In addition to the above. the purpose of the Downtown Commercial Subdistrict is to
encouraae the creation of a pedestrian-oriented activity area alona Golden Gate
Parkway without undulv impedina the flow of automobile traffic alona the Parkwav. The
provisions of the Subdistrict are intended to ensure the construction of commercial
buildinas that are compatible with each other. and the adiacent residential areas. while
also relatina to the pedestrian. All new construction or redevelopment within the
boundaries of the Downtown Commercial Subdistrict shall be consistent with the
followina provisions:
A. The Downtown Commercial Subdistrict is intended to contain a mix of uses.
includina liaht commercial. office. cultural. residential and institutional. The
oermitted uses in this Subdistrict shall be mixed. with emohasis on multiole uses
within the same structure. The dwellina units within this Subdistrict are intended
for emplovees who work within Golden Gate City or Golden Gate Estates.
retirees and seasonal residents. Providina housina for emolovees reduces travel
time and vehicle trios. minimizes traffic imoacts. and enhances the Quality of life
of the residents. The orimary function of this Subdistrict is to encouraae the
redevelopment of Golden Gate Parkway. improves the aesthetics and ohvsical
aooearance of the subiect area. and to establish a orosoerous "downtown" for
Golden Gate City and Golden Gate Estates. Develooment and redevelooment
themes for the Subdistrict shall include:
a) Provisions for, and encouraaement of. bicvcle and pedestrian travel.
b) An emohasis on buildina aesthetics and a,)oearance.
c) Encouraaement of mixed uses. includina residential. in a sinale structure.
d) Emphasis on an orderly circulation pattem for automobile, bicvcle and
pedestrian traffic.
e) A relation of uses to a walkable scale.
f) Provision of comfortable sidewalks or oathwavs.
g) Enhanced streetscaoina in the riahts-of-wav and medians.
Agenda Item No. 88
19 June 8, 2004
2190f250
Agenda Item BE
.,-
h) Encouraaement of common oarkina areas for multiole orooerties. as
oooosed to individual oarkina lots for each buildina.
i) Encouraaement of aualitv desians includina buildina facades. street
liahtina. consistent sianaae and landscaoina.
B. The uses oermitted within this Subdistrict shall be similar to those uses oermitted
within the C-1 , C-2 and C-3 commercial zonina districts. as outlined in the Collier
County Land Develooment Code. All uses that are conditional uses in these zonina
districts shall be conditional uses in this Subdistrict. Outdoor dinina not directlv
abuttina the Golden Gate Parkway riaht-of-wav shall also reauire conditional use
aooroval. Uses that are not listed as oermitted or conditional uses within the C-1. C-
2. and C-3 zonina districts shall be orohibited. The followina uses are also
orohibited:
1. Automatic food and drink vendina machines located exterior to a
buildina.
2. More than two (2) newsoaoer or advertisina circular vendina
machines oer block
3. Anv commercial use emolovina drive-uo, drive-in or drive-
throuah delivery of qoods or services.
4. Manufacturina, storaae or distribution facilities as a orimarv use.
However. these uses are oermitted if secondary to an artist's or
craft studio.
- 5. Enamelina. oaintina or olatina as a orimarv use. However. these
uses are oermitted if secondary to an artist's or craft studio.
6. Outdoor advertisinq or billboards as a orincioal use.
7. Cartina. movina or haulina businesses as a principal use.
However. these activities may be oermitted for the purpose of
suoolvina other businesses within the Subdistrict.
8. Sinale-room occuoancy hotels. orisons. detention facilities.
halfwav houses, souo kitchens or homeless shelters.
9. Businesses that manufacture. store. or use hazardous materials
as a orimary use. includina businesses that store or disoose of
hazardous wastes.
10. Scrao or salvaae yards.
11. Mobile homes. RV.s. and mobile home or RV. sales or service.
12. Kennels. exceot as ancillarv to a veterinary oractice or Sheriff's
substation.
13. Anv use which is incomoatible with the intended ouroose of this
Subdistrict.
C. First stories shall be for retail use only. Second stories may be used for retail.
office. or residential use. exceot that restaurants and cock;ail lounaes are not
oermitted on second stories. Third stories shall be limited to residential use.
D. Commercial and residential uses are required to a minimum deoth of 30 feet from
the frontaae line of all stories. The remainina deoth may be used for oarkina. If
the existina lot (adjacent to Golden Gate Parkway) is adiacent to a rear allevway.
- the oarkina area will be across the allev from the structures it serves. Parkina
Agenda Item No. 88
20 June 8, 2004
220 of 250
.- ----- _._"~-~ ._-
.
Agenda Item BE
exoosure on the frontaae line shall be limited to an ooenina not wider than 25
feet.
E. Outdoor restaurant seatino shall be oermitted to encroach uoon the oublic
sidewalks adiacent to the orivate orooerty, orovided that a minimum clear
oedestrian oassaae of 5 feet is left between the seatina and the streetward edae
of the sidewalk.
F. Newsoaoer and circular machines in excess of the two oer block limit. as
described in A.2. above shall be relocated or removed. in conformance with
County standards. within 30 days from the date of adootion of this Subdistrict.
G. There shall be a minimum of three (3) public parkina areas for every 1.000
sauare feet of commercial space. and 1- Yi parkina spaces for every residential
unit. Parkina space reauirements shall be calculated on the basis of the net
buildino area. There shall be no parkino reauirement for outdoor restaurant
areas. Wherever possible. adioinino property owners shall share parkina areas
between their properties. All parkina areas shall provide adeauate liahtina,
consistent with Policy 4.1.2 of this Plan
8) Collier Boulevard Commercial Subdistrict [new text, after page 23]
The Collier Boulevard Commercial Subdistrict (see Map 9) includes both C-3 and C-4
zoned areas. The ourpose of the Subdistrict is to provide incentives for the exoansion of
such zonina into immediately adiacent portions of Golden Gate Citv. The provisions of
this Subdistrict are intended to allow. but not reauire, cessation of residential uses in
favor of C-3 or C-4 commercial uses, dependino upon the existino adiacent commercial
use. Within this Subdistrict. buildinos may utilize a second stOry (limited to 35 feet in
heiaht). with parkina under the buildino
The uses permitted within this Subdistrict will be in accordance with the Standard
Industrial Classification Codes within the C-3 and C-4 zonina districts (dependina upon
existina zonina as of the date of adoption of this Subdistrict) as identified in the Collier
Countv Land Develooment Code. However, any such uses are reauired to Drovide
suitable landscaoina. control inaress and eoress. and ensure compatibility with abuttina
residential zonina districts. This Subdistrict shall allow local street vacation or relocation
if alternate access is provided. For public safety purposes. commercial traffic on local
streets within or adiacent to the Subdistrict is limited to davliaht hours.
2) NeiQhborhood Centers Subdistrict. Part b [revised text, page 26]
b) Criteria for dovolopmont land uses at the AOOes centers are as follows:
. Limitod to low intonsity tr::msition31 commercial usas th3t 3re comp3tible with
both residonti31 3nd commarcbl,
. Convenionoo commercial to provide for small scale shopping and personal
needs, 3ml
. Commercial uses shall be limited to i~ntermediate commercial so as to
provide for a wider variety of ooods and services in areas that have a hiaher
dearee of automobile traffic. These uses shall be similar to C-1. C-2. or C-3.
Agenda Item No. 88
2] June 8, 2004
221 of 250
.
Agenda Item BE
".-
zonina districts outlined in the Collier Countv Land Development Code
(Ordinance 91-102. adopted October 30.1991).
. Future commercial l:Ie;es aro limited to the intere;ection of The Neiahborhood
Center located at the intersection of Pine Ridge Road and CR-9517 +Ris
Noighbarhooc:l Center may be developed at 100% commercial and must
provide internal circulation., and any Anv rezoning is encouraged to be in the
form of a PUD. This Neighborhood Center may also be utilized for single-
family residential or conditional uses :allowed in the Estates zoning district
such as churches, social or fraternal organizations, child care centers,
schools, and group care facilities.
. The parcels immediately adjacent to the existing commercial zoning ~
northeae;t qU3dr:mt of Golden Gate BOl:llolJard :md 'I'.'i1son Boulevard within
anv Neiahborhood Center may qualify for Conditional Use under the
transitional use provision of the Conditional Use Subdistrict of this Master
Plan Element.
. A single project shall utilize no more than 50 % of the total allowed
commercial acreage. The percentage may be increased at the discretion of
the Board of County Commissioners;-..
. The project is encouraged to make provisions for shared parking
arrangements with adjoining developments-;-..
. Access points shall be limited to one per 180 feet commencing from the right-
of-way of the major intersecting streets of the Neighborhood Center. A
maximum of three curb cuts per quadrant shall be allowedi-..
,"- Driveways and curb cuts shall be consolidated with adjoining developments,
.
whenever possible.;...
. Driveways accessing parcels on opposite sides of the roadway shall be in
direct alignment-;-. except when the roadwav median between the two Darcels
has no oDenina.
. Projectc directly ::lbutting Ee;tatee zoned property ch::lll provide, ::It::l minimum,
a 75 foot buffer of rotainod n::ltivo vegetation in which no p::lrking or ..vater
m::ln::lgement useG ::lre permitted; except th::lt for '1::llid, approved condition::ll
ueee, no euch buffer ie required.
. Projects shall provide a 25-foot wide landscape buffer abutting the external
right of way. This buffer shall contain two staggered rows of trees that shall
be spaced no more than 30 feet on center. and a double row hedge at least
24 inches in height at time of planting and attaining a minimum of three feet
height within one year. A minimum of 50% of the 25-foot wide buffer area
shall be comprised of a meandering bed of shrubs and ground covers other
than grass. Existing native trees must be retained within this 25-foot wide
buffer area to aid in achieving this buffer requirement; other existing native
vegetation is en COli raged to shall be retained. where possible. to aid in
achieving this buffer requirement. Water retention/detention areas shall be
allowed in this buffer area if left in natural state, and drainage conveyance
through the buffer area shall be allowed if necessary to reach an external
outfall.
. For Tract 114, Golden Gate Estates, Unit 26, access shall be restricted to
11th Avenue S.W. Also, vehicular interconnection shall be provided to the
_. adjacent property(s) in the Pine Ridae Road/Collier Boulevard Neighborhood
Center.
Agenda Item No. 88
June 8, 2004
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Agenda Item BE
. All buildinas shall have tile roofs. or decorative parapet walls above the
roofline. and buildinas shall be finished in liaht. subdued colors. except for
decorative trim.
. Buildina heiahts shall be limited to one (1) storv. with a maximum heiaht of
thirty-fiye (35) feet.
. Allliahtina facilities shall be architecturallv-desianed. and shall be limited to a
heiaht of twenty-five (25) feet. Such liahtina facilities shall be shielded from
neiahborina residential land uses.
. Commercial uses shall encouraae pedestrian traffic throuah placement of
sidewalks. pedestrian walkwavs. and marked crosswalks within parkina
areas. Adiacent proiects shall coordinate placement of sidewalks so that a
continuous pathway throuah the commercial subdistrict is created.
. All buildinas and proiects sharina a specific subdistrict shall utilize a common
architectural theme. This theme shall be applicable to both buildina desian
and sianaae.
. No buildina footprint shall exceed 5.000 square feet. Walkways or courtyards
shall connect adiacent buildinqs.
. Drive-throuah establishments shall be limited to banks. with no more than 3
lanes. and these drive-throuqh areas shall be architecturally intearated with
the rest of the buildina.
. Fences or walls may be constructed on the commercial side of the required
landscape buffer between adiacent commercial and residential uses. If
constructed. such fences or walls shall not exceed five (5) feet in heiaht.
Walls shall be constructed of brick or stone. Fences shall be of wood or
concrete post or rail types. and shall be of open desiqn (not covered by slats.
boards or wire).
. Proiects directly abuttina residential property shall provide. at a minimum. a
seventy-five (75) foot buffer in which no parkina uses are permitted. Twenty-
five (25) feet of the width of the buffer alona the developed area shall be a
landscape buffer. A minimum of fifty- (50) feet of the buffer width shall consist
of retained native veaetation and must be consistent with Section 3.9.5.5.6 of
the Collier Countv land Development Code (lDC). The native veaetation
retention area may be approved to contain a perimeter berm and be used for
water manaaement detention but the newly constructed berm shall be
reveaetated to meet Section 3.9.5.5.6. of the lDC (native veaetation
replantina requirements ). Additionallv. in order to be considered for approval.
use of the native veaetation retention area for water manaaement purposes
shall meet the followina criteria:
a. There shall be no adverse impacts to the native veaetation beina
retained. The additional water directed to this area shall not increase the
annual hydroperiod unless it is proven that such would be beneficial to
the existina veaetation.
b. The proiect shall provide a letter or official document from the South
Florida Water Manaaement District indicatina that the native veaetation
within the retention area will not have to be removed to complv with water
manaaement requirements. If the District cannot or will not supply such a
letter. then the native veaetation retention area shall not be used for water
manaaement.
Agenda Item No. 88
23 June 8, 2004
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Agenda Item BE
,-^
c. If the proiect is reviewed bv Collier County. the County enaineer shall
provide evidence that no removal of native veaetation is necessary to
facilitate the necessary storaae of water in the water manaaement area.
1) Residential Estates Subdistrict [revised text, page 25]
Single-family residential development may be allowed within the Estates:Mixed Use
~DQistrict at a maximum density of one unit per 2 % gross acres unless the lot is
considered a legal non-conforming lot of record.
4) Commercial Western Estates Infill Subdistrict [revised text, page 31]
a) Size and Location:
The Subdistrict includes a 6.23-acre parcel, located at the southwest corner of
Vanderbilt Beach Road and Collier Boulevard (see Map 4.a .12). The parcel is identified
as Tract 105, Unit 2, Golden Gate Estates.
5) Conditional Uses Subdistrict. Part b [revised text, page 31]
b) Golden Gate Parkway and Collier Boulevard Special Provisions:
Conditional uses shall only be permitted on Golden Gato Parkway, oast of Livingston
._- Road and west of Santa Barbara BOllle'lard, and on the west sido of Collier Boulevard,
north of Green BOl:llo'Jard and south of Vandorbilt Boach Road Extonsion, if the subject
parcel is directly bOllnded by oxis:ting conditional lleoe on tN.'0 (2) or more sido y::uds,
v:ith no intervening rights of way or water\\'ays, excopt for tho following:
Conditional uses (except essential services, as described in Paragraph a), above) shall
not be permitted:
. On those parcels immediately adjacent to the west side of CR 951
Collier Boulevard within the Estates Designated Area unless the
parcel is directly bounded by conditional uses on two (2) or more side
yards with no intervening rights-of-ways or waterways:
. Recoanizina the existina residential nature of the land uses
surroundina the planned 1-75 interchanae at Golden Gate Parkwav.
there shall be no further conditional use or commercial re-zonina for
prooerties abuttina Golden Gate Parkwav. between Livinaston Road
and Santa Barbara Boulevard. Further. no properties abuttina streets
accessina Golden Gate Parkwav within the above-defined seament
shall be allowed to rezone for conditional or commercial uses. This
provision shall not be construed to affect the area described in
paraaraph 1. below.
1. Essential services, as provideEi in Par:agra~h a), aeave; and
1~. In consideration of the improvements associated with the proposed
._. interchange at Interstate 75 and Golden Gate Parkway, the existing
conditional use (church and related facilities) located at the southeast
Agenda Item No. 88
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corner of Golden Gate Parkway and 66th Street, S.W. may be expanded
in acreage and intensity along the south side of Golden Gate Parkway
between 66th Street, S.W. and 64th Street, S.W., but the total project area
shall not exceed 21 acres (see Mao 15). /\dditionally, the parcel
proposes fm expansioA 51':1311 not be sblbjeot to the re~l:IiremeRt that it be
directly eeblnded on at 1835t t\ve side Y3rd5 by condition31 usos.
~~. The parcel located immediately south of the Commercial Western Estates
Infill Subdistrict, on the west side of Collier Boulevard, and at the
southwest quadrant of the intersection of Vanderbilt Beach Road and
Collier Boulevard, shall be eligible for a transitional conditional use
designation.
e) Special Exceptions to Conditional Use Locational Criteria: [revised text,
page 31.3]
Tempor::lry Use (TU) Permits for model homes arc not cubject to the lo~tional criteria
for Condition31 Usos 3nd m3Y bo :Jllowed 3nywhore within tho ESt3tOS Mixod Uso
District.
Temoorarv Use (TU) Permits for model homes. as defined in the Collier County Land
Develooment Code, may be allowed anywhere within the Estates-Mixed Use District.
Therefore. Conditional Use oermits submitted for the ourpose of extendina the time
oeriod for use of the structure as a model home shall not be subiect to the locational
criteria contained in the Conditional Uses Subdistrict. and may be allowed anywhere
within the Estates-Mixed Use District.
3. AGRICUL TURAURURAL DESIGNA TION - RURAL SETTLEMENT AREA
DISTRICT [revised title, page
34]
Rural Settlement Area District
Additional Backaround:
Staff developed all of the above amendments in conjunction with the Golden Gate Area
Master Plan Restudy Committee. Taken together with the Phase I Golden Gate Area
Master Plan Amendments, adopted by the Collier County Board of County
Commissioners on September 9, 2003, the Phase 1/ restudy Amendments constitute a
complete rewriting of the current Golden Gate Area Master Plan (GGAMP). The two
sets of amendments have the effect of transforming the GGAMP from an extension of
the Growth Management Plan's (GMP) Future Land Use Element (FLUE) into something
approximating a mini-GMP.
EnvironmentallmDacts:
The subject amendments do not propose the development of any area previously set
aside for environmental preservation or conservation. The amendments would not give
a property owner or developer the ability to clear land, fill or dredge a wetland, or harm a
Agenda Item No. 88
25 June 8, 2004
225 of 250
Agenda Item BE
protected species. Development within the Golden Gate area, whether residential.
commercial or conditional use, will still be subject to local, state and federal
environmental regulations and permitting requirements.
The amendments do not propose development of, or encroachment upon, any identified
public or private potable water wellfields.
The proposed amendments would not authorize the destruction of known or unknown
archaeological or historical sites.
Based upon these findings, staff believes that the proposed amendments will not have a
significant impact upon the environmental resources of the Golden Gate area.
Effect on HiQh RanQe PODulation Projections:
Pursuant to CIE Policy 1.1.2, a significant impact in population is defined as a potential
increase in countywide population by > 3%. This policy is relevant only to impacts on
public facilities already deemed as operating at a deficient level of service. The
proposed amendments would not have the effect of increasing the future population of
the Golden Gate Area beyond that already forecast. I n fact, by allowing commercial
development within two new subdistricts. the amendments could have the effect of
causing a slight decrease in the projected buildout population.
.- TransDortation ImDacts:
The proposed expansion of the Santa Barbara Commercial Subdistrict, and the creation
of two new commercial subdistricts in Golden Gate City could lead to additional
transportation impacts relative to Santa Barbara Boulevard. Golden Gate Parkway and
Collier Boulevard. Such impacts will need to be assessed at such time as County staff
receives rezoning applications for proposed developments within these subdistricts.
Other Public Facilities ImDacts:
The GGAMP Restudy Phase 2 amendments do not propose any direct changes to the
area's public facilities or public facilities plans. The greater part of the Golden Gate
Estates area is not served by public water or sanitary sewer facilities, and is not within
the County's Water and Sewer Service Area, and is not served by any private utility
district. The change to the title and wording for the text of the Rural Settlement Area
District would not impact the ability of Orangetree Utilities Company to provide service to
its customers.
The proposed amendments do not make any significant change to stormwater
management criteria for Golden Gate Estates. Therefore, the proposed amendments
should not significantly impact stormwater management for the Golden Gate area.
The proposed amendments should not significantly impact solid waste disposal practices
or solid waste generation volumes within the Golden Gate area.
-
ADDroDriateness Of ChanQe/lssues:
Agenda Item No. 88
26 June 8, 2004
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Agenda Item 8E
Transmittal of these amendments will formally complete the Golden Gate Area Master
Plan Restudy and the work undertaken by the County's Golden Gate Area Master Plan
Restudy Committee. As such, staff believes that the proposed Phase 2 Amendments
are appropriate for transmittal to the Florida Department of Community Affairs (DCA).
Commercial Demand Analvsis:
The Golden Gate Area is primarily within the Golden Gate, Urban Estates and Rural
Estates Planning Communities, but also includes portions of the Corkscrew and Central
Naples Planning Communities. The Southern Golden Gate Estates Area is included
within the Royal Fakapalm Planning Community.
With regard to the proposed changes to, or creations of commercial subdistricts, as
proposed by these amendments. the CCPC has received a "Community Audit Research
Report," prepared by Fraser & Mohlke Associates, Incorporated at the request of County
staff and on behalf of the Golden Gate Area Master Plan Restudy Committee. This
Report consists of the results of a public opinion survey of residents of both Golden Gate
City and Golden Gate Estates. carried out during 2002 and 2003. The survey results
looked at a number of issues of interest to Golden Gate Area residents, including
whether respondents desired a greater amount and variety of commercial activities
within the overall Master Plan Area. Reported survey results indicate that such was the
case: respondents did in fact reply that they desired both more commercial opportunities
and a greater variety of opportunities. Based upon the survey results, staff believes that
the proposed changes, as they influence commercial activity, are supported by the
greater Golden Gate Community
STAFF RECOMMENDATION:
Staff recommends that the Collier County Planning Commission forward a
recommendation to the Board of County Commissioners for transmittal of the proposed
Golden Gate Area Master Plan Restudy Phase 2 Amendments to the Florida
Department of Community Affairs.
PREPARED BY: DA TE: M~w 13, 2004
Glenn E. Heath. AICP
Principal Planner
REVIEWED BY: DATE:
Stan Litsinger, AICP
Comprehensive Planning Director
APPROVED BY: DATE:
Joseph K, Schmitt, Administrator
Community Development & Environmental Services
F;:.:ition Number: CPSP-2003-10
Agenda Item No. 88
June 8, 2004
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Agenda Item BE
_.
This petition has been advertised for the May 20, 2004 CCPC meeting.
NOTE: This petition has been advertised for the June B, 2004 BCC meeting.
COLLIER COUNTY PLANNING COMMISSION:
MR. RUSSELL A. BUDD, CHAIRMAN
CPSP-2003-10 Staff Rpt Transmittal F, GMP Petitions, CPSP-2003-10, Golden
Gate Area Master Plan Phase 2 Restudy Amendments/gh/
c'-
,_.
Agenda Item No. 88
28 June 8, 2004
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Agenda Item 8.E.
c:.q~:.!: <::;aunt.:)'
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STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION,
COMPREHENSIVE PLANNING DEPARTMENT
DATE: May 20,2004
RE: MAJOR PORTION OF PETITION CPSP-2003-11 ("glitch" amendments).
RECOMMENDATION THAT THE COLLIER COUNTY PLANNING COMMISSION
REVIEW PROPOSED AMENDMENTS TO THE FUTURE LAND USE ELEMENT AND
FUTURE LAND USE MAP AND MAP SERIES; THE CONSERVATION AND COASTAL
MANAGEMENT ELEMENT: THE CAPITAL IMPROVEMENT ELEMENT; THE
TRANSPORTATION ELEMENT; AND, THE GOLDEN GATE AREA MASTER PLAN.
(TRANSMITTAL HEARING)
OBJECTIVE: To have the Collier County Planning Commission review the proposed amendments
to the Growth Management Plan (GMP) and make a recommendation for the Board of County
Commissioners to transmit the amendments to the Florida Department of Community Affairs.
BACKGROUND:
Changes to the GMP, as described in more detail below, are being proposed to either correct or
clarify GMP provisions previously adopted as a result of the Agricultural/Rural Assessment (the
Rural Fringe amendments and Rural (Eastern) Lands amendments). A "stakeholders group" has
assisted staff and consultants in preparing these revisions and/or has reviewed them.
FLUE:
Throuahout
. Correct all references to "TDR Credits" (Transfer of Development Rights) to provide
consistency in terminology.
. Clarify that TOR Credits are generated by severing residential density from Sending Lands.
. Revise to consistently refer to areas designated as Receiving, Neutral, or Sending as
"Receiving Lands," "Neutral Lands," or "Sending Lands."
OVERVIEW C. UNDERLYING CONCEPTS.
. Delete refe.ences to "interim" Natural Resource Protection Areas (NRPAs); and, insert
references to Flowway Stewardship Areas (FSAs), Habitat Stewardship Areas (HSAs), and
Water Retention Areas (WRAs).
E. FUTURE LAND USE MAP
. Add references to the North Belle Meade Overlay Map, Wellhead Protection Map,
Bayshore/Gateway Triangle Redevelopment Overlay Map, and Urban-Rural Fringe
Transition Zone Overlay.
Agenda Item No. 88
June 8, 2004
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Agenda Item 8.E.
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I. A. DENSITY RATING SYSTEM
. Clarify by deleting the term "base" when referring to increases in density through density
blending.
. Delete the requirement that LDRs (land development regulations) implementing rural to
urban TDR Credit transfers be adopted since that adoption process is now complete.
. Clarify that density blending is allowed for properties straddling Receiving and Neutral
Lands, when such properties are under unified control, under conditions substantially
similar to those under which such density blending is permissible for properties straddling
the Urban Mixed Use District and Rural Fringe Receiving or Neutral Areas.
II. AGRICULTURAL/RURAL DESIGNATION
. Delete all references to the mandates imposed by Final Order AC 99-0002, including the
Assessment - which has now been completed -- and the adoption of those interim
provisions that were to be in effect while the Assessment was in progress.
. Insert language recognizing the continued applicability of those interim measures in effect
from March 7, 2001, to July 22, 2003, to a conditional use application pending prior to July
22. 2003, and which was the subject of an order of dismissal entered on April 11, 2003.
. Correct the reference to the Rural Fringe Mixed Use District by replacing the word
"Subdistrict" with "District."
B.1. Rural Frinae Mixed Use District
. Correct the title of subparagraph 1 by adding the word "Neutral" to the list of area
",-
designations within the Rural Fringe Mixed Use District.
. Delete the phrase "and within designated areas of the Agricultural/Rural Mixed Use
District," which is redundant and meaningless.
. Clarify that TDR Credits may not be transferred from or into Neutral Lands.
A) Receivina Lands
. Clarify that the maximum density set forth in the provision does not include density
achieved through density blending.
. Clarify that TDR Credits may only be transferred into Receiving Lands in whole units.
. Insert a provision providing up to a 10% density bonus as an incentive to encourage
wetlands mitigation as provided in CCME Policy 6.2.5(6)b.
. Clarify that the list of uses set forth for Receiving Lands identifies "allowable" uses and,
consequently, includes both uses that are permitted as of right and those that are
conditionally approved, as further delineated in the Land Development Regulations (LDRs).
. Clarify the requirement that golf course developments require the utilization of 1 TDR Credit
for every 5 acres of non-residential development, to exclude areas that are dedicated as
conservation, non-irrigated, and retained in their natural state.
. Amend the requirement regarding the compliance with Receiving Lands golf courses with
the Audubon Internatiorlal standards to ensure consistency with the provisions applicable to
the Rural Lands Stewardship Area (RLSA).
. Amend provision identifying public and private schools as allowable uses by listing private
schools in a separate subparagraph and deleting the meaningless requirement that school
sites comply with applicable state and federal regulations.
. Correct the inadvertent omission of parks, open space, and recreational uses from the list
.- of allowable uses in Receiving Areas.
Agenda Item No. 88
June 8, 2004
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Agenda Item 8.E.
. Provide a mechanism whereby owners of Receiving Area property may submit data to
demonstrate that a portion of the Receiving Area contiguous to a Sending Area should be
redesignated to Sending and authorizing the County to initiate a GMP amendment to effect
such a boundary change.
B) Neutral Lands
. Clarify that the list of uses set forth for Neutral Lands identifies "allowable" uses and,
consequently, includes both uses that are permitted as of right and those that are
conditionally approved, as further delineated in the LDRs.
. Clarify that multi-family residential clustering is permitted, subject to development standings
that ensure that the semi-rural character of the Rural Fringe is preserved, to include
building height, design standards, buffers, and setbacks.
. Amend the requirement regarding the compliance with Neutral Lands golf courses with the
Audubon International standards to ensure consistency with the provisions applicable to the
RLSA.
. Amend provision identifying public and private schools as allowable uses by listing private
schools in a separate subparagraph and deleting the meaningless requirement that school
sites comply with applicable state and federal regulations.
. Correct the inadvertent omission of parks, open space, and recreational uses from the list
of allowable uses in Neutral Areas.
. Provide a mechanism whereby owners of Neutral Area property may submit data to
demonstrate that a portion of the Neutral Area contiguous to a Sending Area should be
redesignated to Sending and authorizing the County to initiate a GMP amendment to effect
such a boundary change.
C) Sendina Lands
. Clarify that oil and gas exploration are permissible uses, while oil and gas field development
and production are conditional uses. within Sending Lands.
. Correct erroneous cross-references.
D) Additional TOR Provisions
. Delete language relating to BCC consideration of a TOR Bank, since the BCC has
previously decided not to implement such a Bank using public funds.
. Clarify that the 25-year prohibition on the generation of TOR Credits from lands cleared for
agriculture after June 19, 2002. applies only to those portions of Sending lands parcels that
are so cleared.
3. Rural Villaaes
. Clarify that, once the required minimum density in a rural village has been achieved through
the combined application of base density and TOR Credits, additional density - up to the
maximum allowable - may be achieved through additional TOR Credits, affordable/work
force housing density bonuses, native vegetation density bonuses, or wetlands mitigation
bonuses, either alone or in any combination with each other.
. Insert a provision providing up to a 10% density bonus in rural villages as an incentive to
encourage wetlands mitigation as provided in CCME Policy 6.2.5(6)b.
. Delete the reference to adoption of a definition of "workforce housing", minimum criteria to
qualify for an affordable housing/work force housing density bonus, and minimum criteria
for the provision of affordable/work force housing in rural villages, since such provisions
have now been adopted as LDRs.
Agenda Item No. 88
June 8, 2004
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Agenda Item 8.E.
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IV. CONSERVATION DESIGNATION
. Correct erroneous numbering of section.
V.B. North Belle Meade Overlay
. Correct erroneous numbering within subsection.
. Clarify that TOR Credits generated from North Belle Meade (NBM) Sending lands may be
transferred to the Urban Area, as well as to Rural Fringe Receiving lands.
. Correct the erroneous and inconsistent references to the western "halves" of Sections 22
and 27 and replace with reference to the western "quarters" of those sections.
. Extend the time deadlines for the continuation of mining operations and an asphalt plant
within NBM, the selection of a roadway alignment, and construction of a private haul road,
all by one year, to reflect the one-year delay in the Rural Fringe GMP Amendments
becoming effective that was caused by the administrative challenge to those Amendments.
. Clarify that native vegetation and wetlands density bonuses are available in NBM, outside
of rural villages, after the required minimum density of 1 unit per acre is achieved through a
combination of base density and TOR Credits.
. Delete the inadvertent use of the term "Commercial" in conjunction with the reference to the
NBM Rural Village.
. Delete language providing that lands in NBM Sending Areas that are dedicated for
conservation may be credited toward governmental mitigation, since the County does not
grant mitigation credit for conservation alone and the County has no authority to affect what
other governmental entities will accept as mitigation.
. Amend the provision referencing the now complete Red-cockaded Woodpecker (RCW)
study in Section 24 of the NBM Neutral lands.
.- C. Natural Resource Protection Area Overlav
. Delete all references to "interim" Natural Resource Protection Areas (NRPAs) and delete
the Okaloacoochee Slough and Camp Keais from the list of NRPAs, as those areas have
now been substantially placed within either Flow-way Stewardship Areas (FSAs) or Habitat
Stewardship Areas (HSAs) and are not now designated on the FlUM as NRPAs.
. Delete confusing language relating to the designation of NRPAs near or adjacent to
Conservation Areas as Sending, since all NRPAs in the Rural Fringe Mixed Use District are
now designated as Sending lands.
. Correct the inconsistent reference to permitted and conditional uses on privately owned
lands within the Estates by deleting such reference in subparagraph CA, thus providing that
the uses permissible on such land shall be those set forth in the Golden Gate Area Master
Plan.
D.RlSA
Policv 3.9
. Amend to provide for incidental clearing after Stewardship Credits have been severed from
a Stewardship Sending Area (SSA) but Ag 1 uses retained.
. Provide a definition of "incidental clearing" to mE an clearing of no more than 1 % of an SSA,
for the purpose of accommodating the conversion between Ag 1 uses, squaring up farm
fields, or providing access between Ag 1 areas.
Policy 4.15.2
. Provide that the BCC may condition approval of a Stewardship Receiving Area (SRA)
.- development upon the setting aside, improvement, or dedication of public facilities in the
same manner as may be required as a condition for PUD rezoning.
Agenda Item No. 88
June 8, 2004
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Agenda Item 8.E.
POlicy 4.16
. Clarify that SRA approval requires a demonstration of infrastructure capacity adequate to
serve the SRA at build-out.
Policy 4. 17
. Clarify that SRA shall be reviewed and approved in accord with Policy 1.1.2 of the Capital
Improvement Element of the GMP with regard to Category A public facilities (including
arterial and collector roads, surface water management systems, potable water systems,
sanitary sewer systems, solid waste disposal facilities, parks, and recreation facilities).
. Clarify that SRAs shall be reviewed in accord with the Concurrency Management System in
effect at the time the SRA is approved.
Policy 4.18
. Correct erroneous numbering.
. Clarify the requirements for demonstrating the fiscal neutrality of an SRA.
Policy 5.5
. Clarify the requirement for wildlife habitat management plans by deleting the confusing term
"potentially" in connection with areas that can be anticipated to be occupied by listed
species.
. Correct an erroneous cross-reference to paragraph 3 of Policy 5.5.
. Remove language providing that listed species habitat is to be given first priority for
preservation, which conflicted with other provisions in the GMP.
. Clarify that the 40% native vegetation preservation requirement in areas where listed
species have been observed. or are indicated by evidence. does not include areas cleared
for agricultural purposes.
Policy 5.6
. Adding an inadvertently omitted cross-reference to Policy 5.5, in connection with vegetation
retention requirements.
. Clarify that the Uniform Wetland Mitigation Assessment Method (UWMAM), which has now
been adopted by the South Florida Water Management District, may be used to assess
wetlands functionality and that a UWMAM score of 0.7 shall be treated in the same manner
as is a Wetland Rapid Assessment Procedure (WRAP) score of 0.65 for the purpose of
prioritizing wetlands preservation.
. Provide that WRAP scores will still be accepted by the County, but only if such scores have
been accepted by the state agency.
CCME:
Policv 1.1.9 (New)
. Clarify the conditions under which oil extraction and related processing will be allowed and
to specify that County environmental permitting requirements shall be deemed satisfied
upon issuance of all applicable federal and state oil and gas permits, as long as such
permits require compliance with Florida Administrative Code Chapters 62C-25 through
62C-30, all of which is currently provided in the LDRs.
Agenda Item No. 88
June 8, 2004
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Agenda Item 8.E.
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. Clarify that oil and gas access roads shall be constructed and protected from unauthorized
uses.
Policv 1.3.1
. Delete all references to the mandates imposed by Final Order AC 99-0002, including the
Assessment - which has now been completed - the designation of interim NRPAs, and the
implementation of a moratorium while the Assessment was in progress.
Policy 6.1.1
. Amend language establishing a priority list for selection of preservation areas, in order to
make the provision consistent with Policy 7.1.2(2)(a)2.
Policv 6.1.2
. Delete redundant language.
. Clarify that. where density blending is used in Sending Lands, the applicable vegetation
retention and preservation criteria shall be those set forth in the Density Blending provisions
of the FLUE.
Policv 6.2.5
. Clarify that the Uniform Wetland Mitigation Assessment Method (UWMAM), which has now
been adopted by the South Florida Water Management District, may be used to assess
wetlands functionality and that a UWMAM score of 0.7 shall be treated in the same manner
._, as is a Wetland Rapid Assessment Procedure (WRAP) score of 0.65 for the purpose of
prioritizing wetlands preservation.
CIE:
Policy 1.1.2
. Clarify that this provision is also applicable to SRA applications.
TRANSPORTATION ELEMENT:
Policv 5.1
. Clarify that this provision is also applicable to SRA applications.
GOLDEN GATE MASTER PLAN:
6) Southern Golden Gate Estates Natural Resource Protection Overlav
. Clarify that the Southern Golden Gate Estates NRPA is subject to the NRPA provisions set
forth in the FLUE.
. Delete the interim provisions that were to remain in effect until the GMP Amendments
resulting from the Assessment were complete.
STAFF RECOMMENDATION: That the Collier County Planning Commission forward Petition
CPSP-2003-11 to the Board of County Commissioners with a recommendation for transmittal to
the Florida Department of Community Affairs.
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Agenda Item No. 88
June 8, 2004
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Agenda Item 8.E.
PREPARED BY:
DATE:
DAVID WEEKS, AICP, CHIEF PLANNER
COMPREHENSIVE PLANNING DEPARTMENT
REVIEWED BY:
DATE:
STAN L1TSINGER, AICP, DIRECTOR
COMPREHENSIVE PLANNING DEPARTMENT
APPROVED BY:
DATE:
JOSEPH K. SCHMITT. ADMINISTRATOR
COMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
COLLIER COUNTY PLANNING COMMISSION:
RUSSELL A. BUDD, CHAIRMAN
CPSP-2003.11. GLITCH AMENDMENTS mc5-1 0.04 G. Camp Camp Plan Amendments. 2003 cyde GMP Am mCldw5-12-04
Agenda Item No. 88
June 8, 2004
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Agenda Item 8.E.
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STAFF REPORT
COllIER COUNTY PlANNIl'\G COMMISSIOl'\
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION,
COMPREHENSIVE PLANNING DEPARTMENT
DATE: May 20, 2004
RE: PETITION NO. CPSP-2003-12. COMPREHENSIVE PLANNING DEPARTMENT STAFF
REQUESTING AMENDMENTS TO THE FUTURE LAND USE ELEMENT (FLUE) AND
FUTURE LAND USE MAP (FLUM) SERIES; CAPITAL IMPROVEMENT ELEMENT (CIE);
TRANSPORTATION ELEMENT; AND, CONSERVATION AND COASTAL MANAGEMENT
ELEMENT (CCME). (TRANSMITTAL HEARING)
REQUESTED ACTION:
This petition consists of several individual amendments, initiated by staff, to reflect and implement
- Board-directed changes, to clarify existing text and map provisions, and to expand the review of land
use petitions for significant impacts upon public facilities to include conditional use petitions.
A. Modify Density Rating System
Explanation:
This amendment: clarifies residential density calculation excludes acreage for land uses with a
residential equivalency, e.g. ALF units, so as to be consistent with the Land Development Code;
further clarifies residential density calculation excludes accessory dwelling units and structures so as
to be consistent with the Land Development Code; identifies provisions in the FLUE that allow
residential density that is not determined by the Density Rating System ("exceptions to the rule") -
these are not new provisions. this just identifies them in one location; clarifies that the Conversion of
Commercial Zoning density bonus is applicable to commercial zoned properties that do not comply
with any of the commerciallocational criteria provisions (various Subdistricts) - as an incentive to
convert this zoning, it is appropriate for the bonus to be applicable to all such "non-conforming"
commercial properties, not just those inconsistent with only certain commercial provisions; and,
makes minor clean-up changes.
Proposed Amendment:
Density Rating System [page 36]
"DENSITY RATING SYSTEM
This Density Rating System is only applicable to areas designated: Urban, Urban - Mixed Use District, as
identified on the Future Land Use Map, and those properties specifically identified within the Urban Residential
Fringe Subdistrict, which are eligible to apply for an Affordable Housing Density Bonus only, and exclusive of
Urban areas encompassed by the Immokalee Area Master Plan, Golden Gate Area Master Plan, and Marco
- Island Master Plan; and, AgriculturaVRural, as provided for in the Rural Lands Stewardship Area Overlay for
Agenda Item No. 88
June 8, 2004
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the Affordable Housing Density Bonus only. The Density Rating System is applicable to the Urban Coastal
Fringe Subdistrict to the extent that the residential density cap of 4 dwelling units per acre is not exceeded,
except for the density bonus provisions for Affordable Housing and Transfer of Development Rights, and except
as provided for in the Bayshore/Gate\vay Triangle Redevelopment Overlay.
Within the applicable Urban Designated Areas. a base density of 4 residential dwelling units per gross acre is
permitted, though not an entitlement. This base level of density may be adjusted depending upon the location
and characteristics of the project. For purposes of calculating the eligible number of dwelling units for a project
(gross acreage multiplied by eligible number of dwelling units per acre), the total number of dwelling units may
be rounded up by one unit if the dwelling unit total yields a fraction of a unit .5 or greater. Acreage to be used
for calculating density is exclusive o( the commercial and industrial portions of a project, except where
authorized in a Subdistrict. such as the Orange Blossom Mixed-Use Subdistrict, ; and, e~ieej3t for mixed
residential and commercial uses as provided for in the C-l through C-3 zoning districts in the Collier County
Land Development Code. via conditional use: and. portions of a proiect for land uses having an established
residential density in the Collier County Land Development Code.
This Density Rating System only applies to residential dwelling units. This Density Rating System is not
applicable to accessory dwellings or accessorv structures that are not intended and or not designed for
permanent occupancy, and ~ not applicable to accessorv dwellings or accessorv structures intended for rental or
other commercial use: such accessory dwellings and structures include guest houses. servants quarters. mother-
in-Iaw's quarters, cabanas. guest suites. and the like.
All new residential zoning located within Districts. Subdistricts and Overlays identified above that are subiect to
this Density Rating Svstem. shall be consistent with this Densitv Rating Svstem. e'icept as provided in'
. Policv 5.1 of the Future Land Use Element:
. The Urban - Mixed Use District for the "vested" Port of the Islands development:
. The Buckley Iv1ixed Use Subdistrict:
. The Commercial Mixed Use Subdistrict.
a. Density Bonuses
Consistency with the following characteristics may add to the base density. Density bonuses are discretionary,
not entitlements. and are dependent upon meeting the criteria for each bonus provision and compatibility with
surrounding properties. as well as the rezone criteria in the Land Development Code. .\1I Hew residential zonin;
sliall be consistent with the Density Rutin); System. except as provided in Polic)' 5.] of the FutI:1re Land Use
Eleffier'lt. ..
1. Conversion of Commercial Zoning
If the project includes conversion of commercial zoning that is not consistent with anv Subdistrict allowing
commercial uses waieli is nGt IGeated within an Mixed Use ;'.etivity Center or IntercREffige ;'.etivity Ceftter,
or wliieli is net coftsistent '.vita tae Neiglioorlioo8 Village Center 8\:leaistrict.. a bonus of up to 16 dwelling
units may be added for every 1 acre of commercial zoning which is converted. These dwelling units may be
distributed oyer the entire project. The project must be compatible with surrounding land uses."
B. Modify Livingston Road/Eatonwood Lane Commercial In fill Subdistrict
Explanation:
On November 18, 2003, representatives from Kensington PUD addressed the BCC (public petition)
requesting the requirement for direct access to Eatonwood Lane be eliminated from this Subdistrict.
Per BCC direction on November 18, staff presented to the BCC at their January 13, 2004 hearing, the
Agenda Item No. 88
June 8, 2004
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Agenda Item 8.E.
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history of the Subdistrict and the options available to the BCC. After discussion by the BCC, staff,
representatives from Kensington PUD, and a representative for the Subdistrict lands, the BCC
directed staff to initiate an amendment to remove this access requirement. It was thought that an
agreement was pending that would allow shared access to an approved but unbuilt (except for the
apron at Livingston Road) road along the north edge of the property leading to the La Costa
Apartments; that road was approved as part of the zoning approval for that apartment project (Related
Group PUD).
Proposed Amendment:
Livingston Road/Eatonwood Lane Commerciallnfill Subdistrict [page 48]
"6. Livingston Road/Eatonwood Lane Commercial Infill Subdistrict
This Subdistrict consists of 12.5 acres located on the west side of Livingston Road. south of Pine Ridge Road,
and north of Eatonwood Lane. The Subdistrict allows professional and medical offices and indoor self-storage
facilities to serve surrounding residential areas within a convenient travel distance to the subject property. The
Subdistrict is designed to be compatible with neighboring commercial and residential uses.
The maximum allowed development intensities include 91.000 square feet of professional or medical office use
in buildings containing a maximum height of 35 feet. or 200.000 square feet of indoor self-storage area in
buildings containing a maximum of three stories and at a maximum height of 50 feet. Should a mix of office
and indoor self-storage facilities develop on the property. for each n\"o square feet of indoor self-storage area,
one square foot of office area shall be reduced from the maximum allO\\"able office area permitted. Access to
the property within the Subdistrict shall be limited to d slll!:!le right iJllout onto Livingston Road, or to a single
access point onto Livingston Road located along the north boundary shared with the La Costa Apartments
proiect. The shared access point is the preferred altemati\e. However. if the right iJllout option is first utilized.
..- in absence of a shared access agreement, but a shared access agreement is later reached with the La Costa
Apartments proiect. then Collier County shall have the ri!:!ht to require the removal of the right in/out access
point and construction of the shared access point. from Entonwood Lane aFld SHall be leeateEl as far te tlie 'Nest
as reasoRasly possiBle. ,'\dditioRal aeeess to tHe property. ill the form of a rigHt iH/riglit Ell:lt ORtO Li';iRgsteR
Road. may be allowed where E0mpliaRce CflR be e.;tubii.;)led ."..ith Collier CtHiHty ,\ccess MaRl:IgemeFlt
StaaElanls."
C. Add NEW Future Land Use Inset Maps as part of Future Land Use Map (FLUM) Series
Explanation:
Due to the small size of the Copeland and Plantation Island Urban areas, it is difficult to determine
their boundaries when viewing the countywide Future Land Use Map. This will be remedied by
creating inset maps as part of the FLUM Map Series to depict these two Urban designated areas.
These inset maps only provide greater detail; they do not change the boundaries in any way. [see
two NEW maps titled: "Plantation Island Urban Area" and "Copeland Urban Area"]
D. Modify Capital Improvement Element Policy 1.1.2
Explanation:
This amendment: expands the review of land use petitions for significant impacts upon public facilities
to include conditional use petitions to reflect past application of this policy as staff has been reviewing
conditional use petitions for significant impact and making recommendations to the CCPC and BCC -
this is appropriate as these land use petitions have the potential to increase impacts upon public
.- facilities, especially within non-commercial zoning districts; adds SRA (Stewardship Receiving Area)
Agenda Item No. 88
June 8, 2004
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petitions for review for significant impacts - this is simply to correlate with the addition of S",",s to this
policy as part of petition CPSP-2003-11; deletes a specific population reference in paragraph C. so as
not to conflict with the methodology in paragraph B.; and, as a clean-up matter, adds review of FLUE
amendments to paragraph B.1. to correlate with the main body of paragraph B.
Proposed Amendment:
Policy 1.1.2 [pages 3 and 4]
"Policy 1.1.2:
The quantity of public facilities that is needed to eliminate existing deficiencies and to meet the needs of future
growth shall be determined for each public facility by the following calculation:
Q=(SxD)-1.
Where Q is the quantity of public facility needed.
S is the standard for level of service.
D is the demand. such as the populatlOn. and
I is the inventory of existing facilities.
A. The calculation will be used for existing demand in order to determine existing deficiencies. The
calculation will be used for projected demand In order to determine needs of future growth. The
estimates of projected demand \\'ill account for demand that is likely to occur from previously issued
development orders as well as future gnn\'th
B. The County Commission will revie\\' all rezone requests. SRA designation applications. conditional use
petitions, and proposed amendments to the Fumre Land Use Element (FLUE) affecting the overall
County- Wide density or intensity of permIssible dewlopment, with consideration of their impact on
both the variable "D" in the formula Q = (S x D I - I. and the overall roadway system. The County
Commission shall not approve any such rezone request. SRA designation. conditional use petition. or
FLUE amendment, that significantly Impacts either: ( I ) a deticient roadway segment or: (2) the BEBR
high range growth rate population projections through the five years of the annually updated Capital
Improvement Plan. on a continuously rolling baSh. and then 95% of the BEBR high range gro\\1h rate
thereafter. for the variable "D". unless one of the following simultaneously occurs:
I. Specific mitigating stipulations are appro':d in conjunction with the rezone, SRA designation
resolution. conditional use petition. or FL LE amendment. to restore or maintain the Level of
Service on the impacted roadway segment:
2. The adopted population standard used for calculation of "Q" in the formula Q = (S x D) - I is
amended based on appropriate data and analysis:
3. The Schedule of Capital Impro\'ements is updated to include any necessary projects that would
support the additional public facility demar.d(s) created by the rezone. SRA. designation
resolution, conditional use petition. or amendment to the Future Land Use Element.
C. Significant impact is hereby defined for Section B of this Policy as generating potential for increased
County-Wide population greater than 3% of the BEER high raage population projections for Parks,
Solid Waste, Water, Sewer and Drainage facilities. or as generating a volume of traffic equal to or
greater than 3%of the adopted LOS standard service volume of an impacted roadway."
E. Modify Capital Improvement Element Policy 1.3.2
Agenda Item No. 88
June 8, 2004
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Agenda Item 8.E.
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Explanation:
This amendment clarifies that the FLUE regulates allowable density in the coastal high hazard area; it
does not identify a specific density as the FLUE density provisions allow for a variety of densities in
the coastal high hazard area (as with most of the Urban - Mixed Use District). The existing language
incorrectly states that the FLUE limits density to four (4) dwelling units per acre.
Pr~posed Amendment:
CIE Policy 1.3.2 [page 9]
"Policy 1.3.2:
The calculated needs for public facilities will be based on the adopted level of service standards and future
growth projections within the coastal high hazard area. The Future Land Use Element ~ regulates the
allowable density for new residential development (thus affects obligations for infrastructure expenditures) te-a
maxiffi\:lffi ef fO\:lr awellin; units rer gross acre within pl:1rtion.~ of the coastal high hazard area."
F. Modify Transportation Element Policy 5.1
Explanation:
This amendment expands the review of land use petitions for significant impacts upon public facilities
to include: conditional use petitions to reflect past application of this policy as staff has been reviewing
conditional use petitions for significant impact and making recommendations to the CCPC and BCC
(this is appropriate as these land use petitions have the potential to increase impacts upon public
facilities, especially within non-commercial zoning districts) - this correlates with the change to CIE
......_" Policy 1.1.2 above; SRA (Stewardship Receiving Area) petitions - this is simply to correlate with the
addition of SRAs to CIE Policy 1.1.2 in petition CPSP-2003-11 and reflected in the change to CIE
Policy 1.1.2 above; and, FLUE amendments so as to correlate with existing CIE Policy 1.1.2.
Proposed Amendment:
Transportation Element Policy 5.1 [page 14]
"Policy 5.1:
The County Commission will review all rezone requests. SRA. designation applications. conditional use
petitions. and proposed amendments to the Future Land Use Element (FLUE) affecting the overall County-Wide
density or intensity of permissible development, with consideration of their impact on the overall system, and
shall not approve any such request that significantly impacts a roadway segment already operating and/or
projected to operate at an unacceptable Level of Service within the five year planning period. unless specific
mitigating stipulations are approved. Traffic analyses to determine significant project impact shall use the
following to determine the study area:
a. On links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds
3 % of the adopted LOS standard service volume:
b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds
3% of the adopted LOS standard service volume:
c. For all other links the project traffic is considered to be significant up to the point where it is equal to or
exceeds 5% of the adopted LOS standard service volume."
G. Modify Conservation and Coastal Management Element Policy 12.2.2
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June 8, 2004
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Agenda Item 8.E.
Explanation:
This amendment clarifies that the FLUE regulates allowable density in the coastal high hazard area; it
does not identify a specific density as the FLUE density provisions allow for a variety of densities in
the coastal high hazard area (as with most of the Urban - Mixed Use District). The existing language
incorrectly states that the FLUE limits density to four (4) dwelling units per acre. Also, text is deleted
that required a re-evaluation, and possible down-zoning, of such non-vested zoning. The County
implemented a zoning reevaluation program in 1990 and completed it by the mid-1990s. All
properties are now either zoned consistent with the density or locational criteria in the GMP, or are
recognized as consistent by policy and depicted on the Consistent By Policy Maps, part of the Future
Land Use Map series.
Proposed Amendment:
Conservation And Coastal Management Element Policy 12.2.2 [page 48]
"Policy 12.2.2:
The calculated needs for public facilities will be based on the adopted level of service standards and future
growth projections within the coastal high hazard area. The Future Land Use Element ~ regulates the
allowable density for new residential development7 (thus affects obligation to infrastructure expenditures) te-tt
illElxim.\:lm of four (h\'elliFl; (:mits per ;ros.; HCfe within the coastal high hazard area. IF! adaitioFl. e,(istiflf ZOFliR!;
f10t vestea sAall Be re e'dlhlUted within thret: yeElL liFla ffil:\Y clil:lFl;e to 1:\ deFl.;ity lewl eOHsisteHt witll. the f\:l1'1:lre
Land Use ElemeHt"
STAFF ANALYSIS:
Environmental Impacts:
All but one of the above amendments are text and/or map changes of general applicability. The one
specific site - Livingston Road/Eatonwood Lane Commerciallnfill Subdistrict - was established by a
private sector amendment in 2002, comprises lands previously cleared and presently in use as a
wholesale plant nursery, and contains no known listed plant or animal species or areas of historical or
archaeological probability. Further, the present amendment pertains to access to the site; it does not
alter the allowable uses or intensities. Accordingly, there is no new environmental impact being
authorized by any of these amendments.
Public Facilities Impacts:
Due to the nature of these amendments, there are no new impacts upon public facilities being
authorized by these amendments.
STAFF RECOMMENDATlON:
That the Collier County Planning Commission forward Petition CPSP-2003-12 to the Board of County
Commissioners with a recommendation to Transmit to the Florida Department of Community Affairs.
PREPARED BY: DATE:
David Weeks, AICP, Chief Planner
Comprehensive Planning Department
REVIEWED BY: DATE:
Agenda Item No. 88
June 8. 2004
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Agenda Item 8.E.
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Stan Litsinger, AICP, Director
Comprehensive Planning Department
APPROVED BY: DATE:
Joseph K. Schmitt, Administrator
Community Development & Environmental Services Division
Petition Number: CPSP-2003-12
Staff Report for May 20,2004 CPCC meeting.
NOTE: This petition has been advertised for the June 8, 2004 BCC meeting.
COLLIER COUNTY PLANNING COMMISSION:
MR. RUSSELL A. BUDD, CHAIRMAN
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CPSP-2003-12 Staff Rpt Trans G. Camp Camp Plan Amendments. 2003 cyde dw/5-14-04
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Agenda Item No. 88
June 8, 2004
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STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
DIVISION, COMPREHENSIVE PLANNING DEPARTMENT
DATE: May 20,2004
RE: PETITION NO. CPSP-2003-13, GROWTH MANAGEMENT PLAN
AMENDMENT
OBJECTIVE:
To have the Collier County Planning Commission make a recommendation for
transmittal of the proposed amendments to the Capital Improvement Element of the
Growth Management Plan.
BACKGROUND:
As a result of the recently enacted Impact Fee for Governmen; Buildings. staff has
drafted an addition to Policy 1.1.5 of the Capital Improvement Element to include the
level of service for government buildings - 1.9 square feet per functional resident
(weighted). This policy indicates the standards for levels of service for public facilities.
In response to the policy direction of the Board of County Commissioners at the
December 19, 2003 BCC/AUIR Workshop, staff has drafted proposed amendments to
the Growth Management Plan to support the adoption of an updated 5- Year Schedule of
Capital Improvements.
The new 5-Year Schedule of Capital Improvements will completely replace the previous
5-Year Schedule of Capital Improvements. The spreadsheet was updated and
reorganized into a user-friendlier format.
CaDitallmDrovement Element (CIE)
Staff is proposing the following amendments to the CIE:
1. Adding the following language to Policy 1.1.5 of the CIE (Page 6) as a
result of the new impact fees on General Government Facilities:
B5 County General Government BuildinQs: 1.9 square feet per functional
resident (weiahted)
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June 8, 2004
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2. Replacing the current 5- Year Schedule of Capital Improvements with an
updated and reformatted schedule.
Please note that as a result of the reformatted schedule, the CIE now contains fewer
pages than the previous document. The page numbering will be modified for the entire
CIE to reflect these changes.
STAFF RECOMMENDATION:
Staff recommends that the Collier County Planning Commission forward Petition CPSP-
2003-13 to the Board of County Commissioners with a recommendation of approval to
transmit to the Florida Department of Community Affairs.
PREPARED BY: DATE:
Jason E. Sweat
Principal Planner
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REVIEWED BY: DATE:
Stan Litsinger, AICP
Comprehensive Planning Director
APPROVED BY: DATE:
Joseph K. Schmitt, Administrator
Community Development & Environmental Services
Petition Number: CPSP-2003-13
This petition has been advertised for the May 20, 2004 CCPC meeting.
NOTE: This petition has been advertised for the June 8, 2004 BCC meeting.
COLLIER COUNTY PLANNING COMMISSION:
MR. RUSSELL A. BUDD, CHAIRMAN
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CPSP-2003-13 Staff Rpt Transmittal F, GMP Petitions. Js/sllmk Agenda Item No. 88
2 June 8, 2004
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STAFF REPORT
COLLIER COUNTY PLANNING COMMISSIONS
TO: COLLIER COUNTY PLANNING COMMISION
FROM: TRANSPORT A TION PLANNING
DATE: May 20, 2004
SUBJECT: PETITION CPSP-2003.14, RECOMMENDATION THAT THE COLLIER
COUNTY PLANNING COMMISSION REVIEW THE PROPOSED
CHANGES TO THE ROADWAY FUNCTIONAL CLASSIFICATIONS
WITHIN THE TRANSPORTATION ELEMENT (TRANSMITTAL
HEARING)
OBJECTIVE:
To review and transmit the update of the roadway functional classifications consistent
with the criteria for local, collector and arteriai roadways. Attached to this report are:
maps of the existing (TR-3), proposed (labeled as TR-3 Collier 2003 Functional
Classification Map), and future (labeled as TR-3A Collier 2025 Functional Classifications
Map) roadway functional classifications: a spreadsheet identifying the various criteria
that determine the functional classifications: and, the one page of the Transportation
Element with minor reference changes. The criteria include traffic volumes, speed limit,
future volumes, area type (urbanized. small urbanized, transitioning and rural) and land
uses accessed by the roadways.
BACKGROUND:
The last functional classification update was produced after the 1990 census update and
now that the 2000 census has been completed the roadway functional classifications
need to be updated to reflect current conditions. Since the previous update, there have
been many roadway improvements, new roadways built and changes in the use of the
existing system that has required the update of the functional classifications consistent
with those changes. As an example, Livingston Road that is now a six lane facility was
not included on the previous functional class map but is now included as minor arterial.
The functional classification of a roadway affects how access management standards
are applied, which roadways concurrency is to be analyzed for, which roadways are
included in the Long Range Plan, what requirements need to be applied for when
working within the right-of-way and provisions for certain types of development
standards along the classified roadway. The criteria for the functional classification is
determined by volume of traffic, speed limit, adjacent land uses, trip lengths, area type,
access to urban activity centers. system continuity. spacing between routes and access
centrol. Arterial roadways connect major activity centers (such as airports, Universities,
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medical facilities etc.), interconnect urban areas and connect principal arterials to
regional subcenters (regional malls, community colleges and regional cultural facilities).
Collector roads collect and distribute traffic from the arterial system and channel traffic to
the local streets onto the arterial system. Local roads provide access to individual
properties and subdivisions and provide local circulation in the neighborhood.
Based on the criteria, the roadways identified for proposed changes are shaded in the
attached spreadsheets. Any roadway that is not included on the map is considered a
local roadway. Other roadways listed on the spreadsheet that are listed as a local road
were considered based on one or two of the criteria but are left as a local roadway since
they did not meet enough of the criteria to change the classification.
RECOMMENDATION: That the Collier County Planning Commission forward Petition
CPSP-2003-14 to the Board of County Commissioners with a recommendation to transmit
to the Florida Department of Community Affairs.
Prepared by:
Date:
Donald Scott
- Director, Transportation Planning
Reviewed and Approved by:
Date:
Stan Litsinger, AICP, Director
Comprehensive Planning Department
Reviewed and Approved by:
Date:
Joseph K. Schmitt, Administrator
Community Development and Environmental Services Division
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STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
DIVISION, COMPREHENSIVE PLANNING DEPARTMENT
DATE: June 3, 2004
RE: PETITION NO. CPSP-2003-15, GROWTH MANAGEMENT PLAN
AMENDMENT TO THE FUTURE LAND USE ELEMENT
OBJECTIVE:
To have the Collier County Planning Commission make a recommendation for
transmittal of the proposed amendments to the Future Land Use Element of the
Growth Management Plan.
BACKGROUND:
On April 13, 1999, the Board of County Commissioners (BCC) created an ad hoc
Select Committee on Community Character and Design and charged the
committee with overseeing the development of a community character plan for
Collier County. Pursuant to the recommendation of the Select Committee, the
8CC, in February 2000, authorized the selection of Dover, Kohl & Partners to
develop the plan.
On March 9, 2001, during a strategic planning workshop, the BCC discussed the
need for the implementation of the Dover, Kohl & Partners' Toward 8etter
Places: The Community Character Plan for Collier County, Florida. This
document references various "smart growth" development strategies and
attempts to address land use, transportation, greenspace planning, and growth
management in an effort to create a determined strategy for the future of Collier
County.
At the subsequent Community Character Plan Workshop on June 5, 2001, the
8CC agreed to establish a citizens committee to assist staff with the assessment
and implementation of certain elements of the Plan through various initiatives
and amendments to the Growth Management Plan and/or the L~aaEUepnrNot 88
June 8, 2004
247 of1250
-- Code. On June 26, 2001, the BCC formally recognized the Community
Character/Smart Growth Committee (CCSGC) through Ordinance No. 2001-41.
Other duties and functions of the CCSGC, as set forth by the BCC in Section
Four of the Ordinance:
1. Provide outreach to neighborhoods and various other groups to
encourage involvement with the in pursuant of the goals of the Plan.
2. Provide a forum for discussion to further the implementation of the goals
of the Plan and other smart growth concepts.
3. Make a recommendation to the BCC on the Governor's Committee on
Growth Management changes.
The CCSGC was originally scheduled to sunset two years from its inception
(June 26, 2003) and has been extended twice by the BCC until June 26, 2005.
Ordinance 2001-41 provides that the BCC, via resolution, can extend the term of
the Committee.
Staff, in cooperation with the CCSGC, was asked to produce language
referencing smart growth strategies related to the Community Character Plan
and incorporate said language into the Growth Management Plan. In 2003,
amendments were prepared and adopted to promote mixed-use developments
and pertaining to the County's system of neighborhood, community and regional
-, parks. Now, the following language is proposed as an amendment to the Future
Land Use Element:
Future land Use Element
OBJECTIVE 7
In an effort to support the Dover. Kohl & Partners publication. Toward Better
Places: The Communitv Character Plan for Collier Countv. Florida. promote
smart qrowth policies, and adhere to the existinq development character of
Collier County, the followinq policies shall be implemented for new development
and redevelopment proiects. where applicable.
Policy 7.1
The County shall encouraqe street connections to frontino collector and arterial
roads, except where no such connection can be made without violatinq
intersection spacinq requirements of the Land Development Code.
Policy 7.2
In connection with the Planned Unit Development (PUD) monitorino by the
County. evaluate sunsetted PUD's as to the spacino and connectivity of local
streets and interconnections with adioininq neiohborhoods or other development
proiects.
,~. Policy 7.3
The County shall encouraoe new developments to provide walkable communities
with a blend of densities. common open spaces, civic facilities and a ranqe of
housinq prices and types. Agenda Item No. 8B
June 8, 2004
248 ofl250
_0 -'"-,~----
- -'---"-
Policy 7.4
The County shall encouraqe mixed-use development within the same buildinqs
by allowinq residential dwellinq units over and/or adiacent to commercial
development. This policy shall be implemented throuqh provisions in specific
subdistricts.
Policy 7.5
The County shall explore the creation of an urban "qreenway" network alonq
existinq maior canal banks and powerline easements.
Policy 7.6
The Community Development and Environmental Services Division will continue
to research smart qrowth practices in an effort to improve the future of Collier
County by specifically addressinq land uses and transportation planninq for
future qrowth and development.
ST AFF RECOMMENDATION:
Staff recommends that the Collier County Planning Commission forward Petition
CPSP-2003-15 to the Board of County Commissioners with a recommendation of
approval to transmit to the Florida Department of Community Affairs.
PREPARED BY: DATE:
J.E. Sweat. Principal Planner
Comprehensive Planning Department
REVIEWED BY: DATE:
Stan Litsinger, AICP, Director
Comprehensive Planning Department
APPROVED BY: DATE:
Joseph K. Schmitt. Administrator
Community Development & Environmental Services
Petition Number: CPSP-2003-15
This petition has been advertised for the June 03, 2004 CCPC meeting.
NOTE: This petition has been advertised for the June 8, 2004 BCC meeting.
COLLIER COUNTY PLANNING COMMISSION:
MR. RUSSELL A. BUDD, CHAIRMAN
Agenda Item No. 8B
June 8, 2004
249 ofY.250
._,
CPSP-2003-15 Staff Rpt Transmittal F, GMP Petitions, js/mk/dw
,'-,
_.
Agenda Item No. 88
June 8, 2004
250 of4250
"-----,'.-.-'- ..~.
-~,-~ EXECUTIVE SUMMARY
Public Hearing for [a portion of] the 2003 Cycle 1 Growth Management Plan
Amendments. (Transmittal hearing)
OBJECTIVE:
For the Board of County Commissioners to review a portion of CPSP-2003-11 (wildlife policies
only) of the 2003 151 cycle of amendments to the Collier County Growth Management Plan and
consider approving said amendment for transmittal to the Florida Department of Community
Affairs.
CONSIDERATION:
. Chapter 163, F.S,. provides for an amendment process for a local government's adopted
Growth Management Plan.
. The 2003 151 cycle of amendments consists of four private sector petitions and six County-
initiated Amendment petitions - including this portion of petition CPSP-2003-11.
. The Collier County Planning Commission (CCPC), sitting as the "local planning agencY'
under Chapter 163.3174, F.S., held their Transmittal hearing on May 20,2004.
. This Transmittal hearing for this portion of petition CPSP-2003-11 considers amendments
to the following Elements of the Plan:
0 Future Land Use Element (FLUE)
.-- 0 Conservation and Coastal Management Element (CCME)
The intent of this amendment is to make changes to CCME Policy 7.1.2(2) to make that
subsection consistent with the companion provision set forth in the RLSA Overlay of the FLUE
Policy 5.5(3) to ensure that the two provisions are interpreted and applied in the same manner.
This amendment reflects the language agreed upon by the stakeholders group.
FISCAL lMPACT:
There is no fiscal impact as a result of this amendment.
GROWTH MANAGEMENT IMPACT:
Approval of this amendment by the Board of County Commissioners for Transmittal to the
Florida Department of Community Affairs will commence the Department's ninety (90) day
review process and ultimately return this amendment to the Planning Commission and the
Board of County Commissioners for final Adoption hearings to be held late in 2004.
ENVIRONMENTAL ISSUES:
Not applicable, as this is not a site-specific amendment.
HISTORICAUARCHAEOLOGICAL IMPACT:
Not applicable, as this is not a site-specific amendment.
..-
Words struck thrO\lgA are deletions; words underlined are addition' Agenda Item No. 8e
June 8, 2004
1 of 1 0
.
----. "'--"__~"'_,M""'"
"';'~'-"",-",,,,,,,""",",,'~';'
EAC RECOMMENDATION:
To forward to the Board of County Commissioners for approval to transmit to the Florida
Department of Community Affairs, with the changes as noted below.
EAC Recommendations
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
"Wildlife" Amendment
Policy 7.1.2
Within areas of Collier County, excluding the lands contained in the RLSA Overlay,
non-agricultural development, excluding individual single family residences, shall be
directed away from listed species and their habitats by complying with the following
guidelines and standards:
(1) No change.
(2) Wildlife habitat management plans for listed species shall be submitted for
County approval. A plan shall be required for all projects where the wildlife
survey indicated listed species are utilizing the site, or the site contains potential
habitat for listed species is capable of supportinq wildlife and can be anticipated
to be inhabited by listed species. These plans shall describe how the project
directs incompatible land uses away from listed species and their habitats.
(a) through (j) No change.
Policy 7.1.2
(3) The County shall, consistent with applicable GMP policies, consider and utilize
recommendations and letters of technical assistance from the Florida Fish and
Wildlife Conservation Commission and recommendations from the US Fish and
Wildlife Service in issuing development orders on property QQRtaiRin€lli6ltgg
opo0io& that is caoable of suooortina wildlife and can be anticioated to be
occuoied bv listed s08cies. It is recognized that these agenoy reoommendations,
on a case by case basis. may change the requirements oontained 'A'ithin thece
wildlife protection policies and any such change shall be deemed consistent with
tho Growth Managomont Plan.
FUTU RE LAND USE ELEMENT
Rural Lands Stewardship Area Overlay
Policy 5.5
1 . and 2. No change
3. The County shall, consistent with applicable GMP policies, consider and utilize
recommendations and letters of technical assistance from the Florida Fish and
Wildlife Conservation Commission and recommendations from the US Fish and
Wildlife Service in issuing development orders on property e8AtaiRiR!iI listse
6f,38siss that is caoable of sUDoortina wildlife and can be anticiDated to be
occuoied bv listed soecies. It is recognized that those agoncy recommend3tions,
on a cace by caso basis, may chango tho requiremonts oontainod within thoso
wildlife protection polioieo and any suoh ohange shall be deomed oonsistont -Mth
the Grovllh Managomont Plan.
-
Words struck throtlgh are deletions; words underlined are addition< Agenda Item No. 8e
June 8, 2001
2 of 1 0
-.
CCPC RECOMMENDATION:
The CCPC reviewed this request during its public hearing on May 20, 2004. By vote of 7/0, the
CCPC recommended to the Board of County Commissioners to transmit petition CPSP-2003-11
(pertaining to wildlife policies only) to the Florida Department of Community Affairs, per staff's
recommendation. Staff's recommendation is reflected in the transmittal Resolution Exhibit A for
petition CPSP-2003-11.
PLANNING SERVICES STAFF RECOMMENDATION:
Staff recommends petition CPSP-2003-11 (pertaining to wildlife policies only) be approved for
transmittal to the Florida Department of Community Affairs.
--.
-
Words struck throagh are deletions; words underlined are additiom Agenda Item No. 8e
June 8, 2003
3 of 1 0
--
.
COLLIER COUNTY
'""_.
BOARD OF COUNTY COMMISSIONeRS
Item Number Be
Item Summary P:,;b!!c Heahnq f(:.: <: sepa:"at€~ portion of 1h~~ 2()()3 C;yd~~ 1 f3rovv'!:; ~J1anagH~'.ru~r:t
P:ar.Arr:f3nd!11er:t~, (:rar:~rnjr.:<d r.earii:q;.
Meeting Date 6:'8:2004 9:00:00 AM
Prepared B)'
Marc~a K~ndaH PI:lnner :J3!;:
Community Devell.'pment 8. Con1nreh€I1:::dve Pi~nr::n~
Epvc:'cnrnen~id Services 5i2(;120041:33:06 PM
Approved By
Sar.df3 l.33 E:<Ecutlve Secretary Dc:=te
C'~:i':-r,:Jr:jty DE've!op~t'nt s.. C.::)~:-r,:..a!ity DE"v"3\01]~f.('t ,i
Er:v;rorlr.1E-r:t(i; SE''''c.ic~s Er:v;.::-nme::,r:ta; St-.\,.:~€"~s t....:::-,-';ir. 5:27jZCO,j 8:3!! Af',.;
Appfl)\ed B)'
O~V::"; ~A';f:BX.'i-.. A:(;P ~i~:!~f Pl;):~:"I~:' DQ:'(:
G;"':"fI:~~:H~~ty O~v'~k,lpl~~:~t :~ C::H~~preh~r.$jv~ P;:"H"::'";;!~q
Er:v:r-a:1fflC?::!,1: S~:'Vjces 5f27:2G04 ~2;50 P;;'1
ApprO\ed B)
- CO:'~:;\:Jrij~.,., DeY~~'JP:';~ef;(, .&
JO!;,-,P;, K. S~.h",itt E ,:'1 :r';'''::"1F'\er; :.:..~: 5"2 ~.~' ;i.~e~... /),~j.~ ir: .:;;tr :..~t:".~:. 0,-,'"
C0:i!n~upjt>, DFi'.;etopr:,,:ent & C...1:;!!!~tH1~ty Df;"'i~!opl~t'nt ;);
Eri\.r;ro.nmFintai Sf1.:yir.:~~ Er:\/i:'onmfn~ta; S*:y;~~S A..~:";~ii~. :.;!28i2i.W4 'l:':4 PM
ApprO\ed B)'
~.(:,-:r:,--~df~ r~" St:;dant Ass~~t3.r:? Co~~r.ty AH~f::~-:/ u,,~,-,
Cour:ty M2:f1,JgF'S Ot1;Ci' Cowr.t.'i Attc.n"~02Y G-f:"i::e ;';:':'2GG4 8~0 AM
Appro\'ed By
P;,i :.~hnhard Ad~~:~~i,tr..~t:\J~ A~.sis.~,::f:\ O;;t~
CO!Jr:ty M<lf1,1g"r'S Off:~l' otficl' of M.,r:<:[;'l""'r.: & 8t:dg,-,' tl,r1 !2004 9 :04. Ah1
A pproved By
M~fi<. h;acl<.s!;n Budget Ar:<1!y:?l Oat",
County M<1nager's Otfi.,e omce (;f Mhr:<1g*mAr:~ & 6t:d\l",t (i!~!20ij.\ i;UG AM
A pproved By
Micfiaei Smykowski M:lf!agemenl & 8'ldget Directcr OGi,e
County Manager's Offi;,;e Offil.:e of M31:agemenl & 8uoijet (ih!20(:.; ~ i'OS AM
Approved By
Leo E. Ochs. Jr. O;!Plit'{ County M,lf13gi'f Date
.- Beare c.f Cour.ty
Commissioners C.~.H1ty M<1nager'" Off,;,., 6.'1 !200.1 ~:4~ P?~
Agenda Item No. 8e
June 8, 2004
4 of 10
____v<_ ..~,
RESOLUTION NO. 04-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS PROPOSING AMENDMENTS TO THE
COLLIER COUNTY GROWTH MANAGEMENT PLAN,
ORDINANCE 89-05, AS AMENDED, SPECIFICALL Y
AMENDING POLICY 7.1.2 OF THE CONSERVATION AND
COASTAL MANAGEMENT ELEMENT AND POLICY 5.5
OF THE RURAL LANDS STEWARDSHIP AREA OVERLAY
OF THE FUTURE LAND USE ELEMENT; AND
FURTHERMORE RECOMMENDING TRANSMITTAL OF
THESE AMENDMENTS TO THE FLORIDA DEPARTMENT
OF COMMUNITY AFFAIRS.
WHEREAS, Collier County, pursuant to Section 163.3161, et. sea., Florida
StaMes, the Florida Local Government Comprehensive Planning and Land
Development Regulation Act, was required to prepare and adopt a comprehensive plan;
and
WHEREAS, the Collier County Board of County Commissioners adopted the
Collier County Growth Management Plan on January 10, 1989; and
WHEREAS, the Local Government Comprehensive Planning and Land
Development Regulation Act of 1985 provides authority for local governments to amend
their respective comprehensive plans and outlines certain procedures to amend adopted
comprehensive plans pursuant to Sections 163.3184 and 163.3187, Florida Statutes;
and
WHEREAS, Collier County has prepared plan amendments to the following
Policies in its Growth Management Plan
Policy 7.1.2 of the Conservation and Coastal Management Element; and
Policy 5.5 of the Future Land Use Element. Rural Lands Stewardship Area
Overtay;
and
WHEREAS, the Collier County Planning Commission has conSidered the
proposed amendments to the Growth Management Plan pursuant to the authority
granted to it by Section 163.3174, Florida Statutes, and has recommended approval of
said amendments to the Board of County Commissioners; and
WHEREAS, upon receipt of Collier County's proposed Growth Management Plan
Amendments, various State agencies and the Department of Community Affairs (DCA)
have ninety (90) days to review the proposed amendments and DCA must transmit, in
writing, to Collier County, its comments along with any objections and any
recommendations for modification, within said ninety (90) days pursuant to Section
163.3184, Florida StaMes; and
Agenda Item No. 8e
June 8, 2004
1 5 of 10
,-
WHEREAS, Collier County, upon receipt of the written comments from DCA must
adopt, adopt with changes or not adopt the proposed Growth Management Plan
Amendments, within sixty (60) days of such receipt pursuant to Section 163.3184,
Florida Statutes; and
WHEREAS, the DCA, within forty-five (45) days of receipt of Collier County's
adopted Growth Management Plan Amendments, must review and detennine if the Plan
Amendments are in compliance with the Local Government Comprehensive Planning
and Land Development Act of 1985; the State Comprehensive Plan; the appropriate
Regional Policy Plan and Rule 9J-5, Florida Administrative Code, pursuant to Section
163.3184, Florida Statutes.
NOW, TI-1EREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
The Board of County CommiSSioners hereby approves the proposed Growth
Management Plan Amendments, attached hereto as Exhibit A and incorporated by
reference herein, for the purpose of transmittal to the Department of Community Affairs
thereby initiating the reqUired State evaluation of the Growth Management Plan
,-
Amendments, prior to final adoption and State detennination of compliance with the
Local Government Comprehensive Planning and Land Development Regulation Act of
1985 and Rule 9J-5, Florida Administrative Code, Minimum Critena for Review of Local
Government Comprehensive Plans and Determination of Compliance.
THIS RESOLUTION ADOPTED after motion, second and majority vote this
day of ,2004.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY:
DONNA FIALA, CHAIRMAN
Approved as to form and legal sufficiency
Marjorie M. Student
Assistant County Attorney
-
Agenda Item No. Be
June 8, 2004
2 6 of 1 0
-".-.....,,','..-.,-.'," ~--~"_... ,--" ---,---
EXHIBIT A
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
"Wildlife" Amendment
CPSP-2003-11 {portion of}
Policy 7.1.2
Within areas of Collier County, excluding the lands contained in the RLSA
Overlay, non-agricultural development, excluding individual single family
residences, shall be directed away from listed species and their habitats by
complying with the following guidelines and standards:
(1) No change.
(2) Wildlife habitat management plans for listed species shall be submitted for
County approval. A plan shall be required for all projects where the
wildlife survey indicated listed species are utilizing the site, or the site
conbir:Js pot<mtial habitat for listed sl'lecios is caoable of suooortina wildlife
and can be anticioated to be inhabited bv listed soecies. These plans
shall describe how the project directs incompatible land uses away from
listed species and their habitats.
(a) through m No change.
(3) The County shall, consistent with applicable GMP policies, consider
and utilize recommendations and letters of technical assistance from
the Florida Fish and Wildlife Conservation Commission and
recommendations from the US Fish and Wildlife Service in issuing
development orders on property containing listod spocios that is
caoable of suooortina wildlife and can be anticioated to be occuoied
bv listed soecies. It is rocognizod that thoso agency
rooommondatiom:, on a caso oy 03&0 baE:iE:, m::lY ohange tho
raquiromants oont::linad '#ithin thosa '....ildlifo protoction polioies ::lnd
any such chango shall bo doomod consistont with tho Grm.vth
Managemont Plan.
FUTURE LAND USE ELEMENT
Rural Lands Stewardship Area Overlay
Policy 5.5
1. and 2. No change
3. The County shall, consistent with applicable GMP policies, consider and
utilize recommendations and letters of technical assistance from the
Florida Fish and Wildlife Conservation Commission and recommendations
from the US Fish and Wildlife Service in issuing development orders on
property oOAtaiRiRg liE:tos s~eQiolS that is caoable of suooortinQ wildlife and
can be anticioated to be inhabited bv listed soecies. It is FOoognized that
these ageAGy rSQsFRFReAdatieAs, en a Gase ey Gase easis, FRay shaAgo
the roquirements contained '.\'ithin thaso wildlife I'lr-oteotion polioies and
any Sl:Joh change shall bo doomed GeRsistoAt \"Jith tho Gr{)'Nth
Managomont Plan.
Agenda Item No. 8C
June 8, 2004
3 Words struckthrough are del,~tions; words underlined are addition, of 10
.
Agenda Item BE
--
c.::::::::;.c,~-y c.::::::::;.c,......... -..:.. ty
l' ~.- ~Il IT~ ' --..
STAFF REPORT
COLLIER COUNTY PLANNlNG COMMISSION
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION,
COMPREHENSIVE PLANNING DEPARTMENT
DATE: May 20, 2004
RE: PART OF PETITION CPSP-2003-11, ("glitch" amendments)
RECOMMENDATION THAT THE COLLIER COUNTY PLANNING
COMMISSION REVIEW PROPOSED AMENDMENTS TO THE FUTURE LAND
USE ELEMENT (FLUE) AND CONSERVATION AND COASTAL
MANAGEMENT ELEMENT (CCME) OF THE COLLIER COUNTY GROWTH
- MANAGEMENT PLAN AND FORWARD A RECOMMENDA TION TO THE
BOARD OF COUNTY COMMISSIONERS FOR TRANSMITTAL TO THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS. (TRANSMITTAL
HEARING)
OBJECTIVE: To have the Collier County Planning Commission review the proposed
amendments to the Growth Management Plan and make a recommendation for transmittal by
the Board of County Commissioners.
BACKGROUND CCME and FLUE:
CCME Policy 7.1.2(2):
The changes to CCME Policy 7.1.2(2) are being proposed to make that subsection consistent
with the companion provision set forth in the Rural Lands Stewardship Area Overlay (RLSA) of
the FLUE and is necessary to ensure that the two provisions are interpreted and applied in the
same manner.
CCME Policy 7.1.2(3) and FLUE, RLSA Overlay Policy 5.5:
The wording of these policies has caused a problem in interpreting the deference that must be
given by the County to those technical assistance recommendations from state and federal
agencies with regulatory authority over wildlife that may change the requirements contained
within other GMP provisions.
- The proposed modification removes the 2nd sentence from CCME Policy 7.1.2(3) and RLSA
Overlay Policy 5.5, thus clarifying that the County must defer to state and federal regulatory
comments and recommendations only when they are consistent with the GMP.
Agenda Item No. 8e
June 8, 2004
8 of 1 0
-,'---~..." ,,--,,~. _.,"~- .'_.w~_
Agenda Item BE
REQUESTED ACTION:
Conservation and Coastal Manaaement Element (CCMEl [page 30]
Amendment to the language of Policy 7.1.2 of the CCME are proposed for the GMP as follows:
Policy 7.1.2
Within areas of Collier County, excluding the lands contained in the RLSA Overlay, non-
agricultural development, excluding individual single family residences, shall be directed
away from listed species and their habitats by complying with the following guidelines and
standards:
(1) No change.
(2) Wildlife habitat management plans for listed species shall be submitted for County
approval. A plan shall be required for all projects where the wildlife survey indicated
listed species are utilizing the site, or the site cont3ins potential h3bit3t for listod species
is caoable of suooortina wildlife and can be anticioated to be occuoied bv listed soecies.
These plans shall describe how the project directs incompatible land uses away from
listed species and their habitats.
(a) through U) No change.
(3) The County shall, consistent with applicable GMP policies. consider and utilize
recommendations and letters of technical assistance from the Florida Fish and Wildlife
Conservation Commission and recommendations from the US Fish and Wildlife Service
in issuing development orders on property containing listed species. It is rocognized that
thoso 3goncy rocommond3tions. on 3 C3SO by C3S0 b3sis, m3Y ch::mge tho roquiremonts
cont3inod within thoso wildlifo protection policios 3nd 3n1 such ch3ngo sh311 bo doomed
consistont with tho Growth M::ln3gomont Pl3n.
Future Land Use Element (FLUE) Rural Lands Stewardshio Area Overlay [page 100]
Amendment to the language of Policy 5.5 of the Future Land Use Element (FLUE) is proposed
for the GMP as follows:
Policy 5.5
1. and 2. No change
3. The County shall, consistent with applicable policies of this Overlay, consider and utilize
recommendations and letters of technical assistance from the Florida Fish and Wildlife
Conservation Commission and recommendations from the US Fish and Wildlife Service in
issuing development orders on property containing listed species. It is recognized that
thO!;;e agency reclOmmendations, on 3 case by c3se-l:l3sis, m3Y change the requirements
cont3ined within these wildlife pr.otection policies and any such ch3nge shall be deemed
consistent '.\lith the Growth M3n3gement Pl::m.
STAFF RECOMMENDATION: That the Planning Commission forward recommendation to the
Board of County Commissioners for transmittal to the Florida Department of Community Affairs.
Agenda Item No. 8e
June 8, 2004
9 of 1 9
,
Agenda Item BE .
PREPARED BY:
DATE:
MARCIA R. KENDALL, PLANNER
COMPREHENSIVE PLANNING DEPT.
REVIEWED BY:
STAN L1TSINGER, AICP, DIRECTOR DATE:
COMPREHENSIVE PLANNING DEPT.
APPROVED BY:
JOSEPH K. SCHMITT. ADMINISTRATOR DATE:
COMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES
-
COLLIER COUNTY PLANNING COMMISSiON
RUSSELL A. BUDD. CHAIRMAN
CPSP-2003-11 (portion of) F:lCOMPPLANNING/ST AFF REPORTS 5/20/2004
,.-
Agenda Item No. 8e
June 8, 2004
10 of 1 0
-'-,- -^"-. --~,,-~< '" --,- .--- -,~-
._. EXECUTIVE SU~'lMARY
APPOlNTMENT OF MEMBER(S) TO THE CONTRACTORS' LlCE:\SlNG BOARD
OBJECTIVE: To re-appoint 1 member to a 3-year term, ex.piring on June 30, 2007, to the
Contractors' Licensing Board.
CONSIDERATIONS: The Contractors Licensing Board hac; 3 terrll'i expiring on June 30,
2004, in the category of General Contractor and 2 Consumers. This 9-member board determines
the qualifications of applicants for the various categories of the Contractors' Certificates of
Competency. They also hold hearings to determine if the holder of a certificate of competency
of any contractor, master or journeyman should be disciplined. A minimum 3 members shall be
in the category of "Consumer". The consumer representatives may be any resident of the local
jurisdiction that is not. and has never been, a member or practitioner of a profession regulated by
the board or a member of any closely related profession. Members are required to file a Form 1
Statement of Financial Interests each year with the Supervisor of Elections. Terms are 3 years.
A list of the current membership is included in the backup.
The terms for Kenneth Lloyd (Consumer). David L. Beswick (Consumer). and Michael D. Baril
(General Contractor) will expire on June 30, 2004. A press release was issued and 1 application
was received from the following interested citizen:
APPLICA:\T CATEGORY DlST ELECTOR AD\'. COl\L\l.
-
David L. Beswick - rc-appt I Consumer __________~__ -.--L~..e~_L<::ontractors Licensing Board I
_J
COMMITTEE RECO~\1ENDATION: Quasi-Judicial- no recommendation
NOTE: :VIr. Beswick has served less than a I-year term and is eligible for re-appointment.
FISCAL nIPACT: :NONE
GROWTH MANAGEME~T IMP ACT: NO~~
RECOMMENDATION: That the Board of County Commissioners consider the request for
appointment, appoint 1 member, and direct the County Attorney to prepare a resolution
confirming the appointment.
Prepared By: Sue Filson, Executive ~anager
Board of County Commissioners
Agenda Date: JU~E 8, 2004
.,-...
Agenda Item 9A
June 8, 2004
1 of 1 3
-'.---.
-~~-
-- COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number 9A
Item Summary Appointment of member :.0 [roe Contractors' Licensing Board.
Meeting Date 6/8/2004 9:0000 Afv1
Prepared By
Sue Filson Executive Manage~ to ti,t: BCe Date
Board of County BCC Office 5/11/2004 1 U:03 :05 AM
Commlssloner$
Approved By
James V. Mudd County Mansg€: c Oat€:
Board of County County Mana\J~:r'<; CW.~;> 5/26/20046:35 PM
Commis$lon~:r$
-
.'-
Agenda Item 9A
June 8,2004
2 of 13
.-".,- -- .-.-
-
~ COMMUNI7Y DEVEWPMENr &
ENVlRONMENI'AL SERVICES DIVISION
BUILDING REVIEW AND PERM17TlNG
2800 North Horseshoe Drive
Naples, FL ~o4
MEMORANDUM
DATE: May 18, 2004
TO: Sue Filson. Executive Manager
Board of County Commissioners
FROM: Ed Perico, Director
Building Review & Permitting Department
SUBJECT: Contractors' Licensing Board
I have reviewed the resume for the Contractors' Licensing Board and listed the specific
categories they are qualified for. They are as follows:
David L. Beswick Consumer
5541 Cove Circle
Naples, FL 34119
If I can be of further assistance please do not hesitate to contact me at 403-2442.
Agenda Item 9A
June 8, 2004
3 of 13
.
~ n_'~_~-"~ _____
.-;-~
,.--
Contractors Licensing Board
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. Kenneth Lloyd (.t Ill';> -- r 09/11/01 06/30/04 3 Years /'
5408 Freeport Lane {'~ 594-8685
Naples, FL 34119. \\ ~. ~7 -0/;;..3
E-Mail: /
District: 3
Category: Consumer
Mr. Eric D. Guite' 403-9365 07/30/02 06130/05 3 Years
1520 Nautilus Road 403-9365
Naples, FL 34102
E-Mail:
District: 4
Category: City of Naples - Specialty Contractor
.'"''"''-, Mr. David L. Beswick 594-7588 09/10/03 06/30/04 -1 Year /
3521 Winifred Row Lane #2803 430-6576
~
Naples, FL 34115
E-Mail:
District: 3
Category: Consumer
or' 1."'" ,
,- "
Mr. Michael D. Baril v-.J 642-8755 11/27/01 06/30/04 3 Years ~
832 Rose Court
Marco Island, FL 34145
E-Mail:
District: I
Category: General Contractor
Mr. Sydney E. Blum 594-7880 07/29/03 06/30/06 3 Years
237 Burning Tree Drive 261.1655
Naples, FL 34 105
E-Mail: eescool@earthlink.net
District: 4
Category: Speciahy Trade
.- Tllesday. September 30. 1M)j Page 1 of 3
Agenda Item 9A
June 8, 2004
4 of 13
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Contractors Licensing Board
Name W OI'k Phone Appt'd Exp. Date Term
Home Phone DateRtHlppt 2ndExpDate 2nd Term
Mr. Richard E. Joslin. Jr. 455-5000 06/11196 06/30/97 I Year
595 13th Street, N.W. OS/27/03 06/30/06 3 Years
Naples, FL 34120
E-Mail:
District: 5
Category: Licensed Commercial Pool/Spa Contr
Mr. William T. Lewis 430-1799 09/1 0/03 06/30/06 3 Years
P.O. Box 1228 430-1799
Naples, FL 34106
E-Mail:
District: I
Category: General Contractor
Ms. Ann Lundblad KeUer 370-7237 09/l0/02 06/30/05 3 Years
2107 21 st Court South 659-9140
/' - Naples, FL 34102
E-Mail:
District: 4
Category: Consumer- City of Naples Representative
Mr. Les Dickson 514-1100 06/11/96 06/30/99 3 Years
202 Monterey Drive OS/28/02 06/30/05 3 Years
Naples, FL 34119
E-Mail:
District: 3
QlJegory: Roofing Contractor
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Tunday, SepI-.bn 30. 2003 Page 2 of3
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Agenda Item 9A
June 8. 2004
5 of 13
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-
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Contractors Licensing Board
Name Work Phone Appt'd Exp. Date Term
Home Phone DaJ~e-appt 2ndExpDate 2nd Term
This 9 member board was created by Ord. No. 78-2, 85-42, 90-105. 92-61 to determine the
qualifICations of applicants for the various categories of the Contractors' Certificates of
Competency. They also hold hearings to determine if a certifICate of competency of any
contractor, master or joumeyman shoukI be revoked. A minimum of 2 members shall reside
within the corporate city limits of Naples or shall be recommended to the BCe by the Naples
City Council. FI Stat, See 489.131, sub 10 states that 3 members must be consumer
representatives. Membership should be licensed architect, licensed genera/ contractor, licensed
engineer, licensed electrical contractor, licensed plumbing contractor, licensed roofing
contractor, licensed residential or building contractor and a licensed representative from one of
the other specialty trades or professions requiring a Certificate of Competency as provided in
the Ordinance. These categories are merely directory and failure to have a member of each of
the trades is not grounds for voiding any action of the Board. Terms are 3 years. This is a
Quasi Judicial Board. Amended by Ordinance No. 94-34, 95-11, 97-68, 99-45, 2002-21
_0
FL STA T 489
Staff: Ed Perico, Building Review & Permitting Director:: 403-2400
.' -
.- Tues",. Septmrber 30,2003 Ptlge J of J
Agenda Item 9A
June 8, 2004
6 of 1 3
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MEMORANDUM
DATE: May 17,2004
TO: Elections Office :::tf
FROM: Sue Filson. Executive Manager . I
Board of County Commissioners
RE: Voter Registration - Advisory Board Appointments
The Board of CO\mty Conunissioners will soon consider the following individuals for appointment
to one of the COWlty'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.
CONTRACTORS' LICENSING BOARD COMMISSION DISTRICT
David L. Beswick --- :3
5541 Cove Circle //~ {~
Naples, FL 34119
Thank you for your help.
\\1 EO
~ECE. ~
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\ .,:nm'SS loners
f r outln v-
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S,.OIJ.J~.' .': - -'1' .,~ ""1.:'
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Agenda Item 9A
June 8, 2004
7 of 13
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MEMORANDUM
-
DATE: May 17,2004
TO: Ed Perico, Building Review &~ing Director
FROM: Sue Filson, Executive Manager J .
Board of County Commissione I
RE: Contractors' Licensing Board
As you know, we currently have vacancies on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this committee to submit a resume for
consideration. I have attached the reswnes received for your review as follows:
David L. Beswick
5541 Cove Circle
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 ategorize tbe applicants in areas of expertise. If you have any questions, please call me at
774-8097.
Thank you for your anention to this matter.
SF
Attachments
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Agenda Item 9A
June 8, 2004
8 of 13
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r\
Villaiwalk "-+. ~-
-, ...
'-.
J
May 4, 2004
Ms. Sue Filson, Executive Manager
Board of Collier County Commissioners
3301 E. Tamiami Trail
Naples, FL 34112-4977
Dear Ms. Filson:
I received your letter of April 23, 2004 yesterday, as it had to be forwarded to my
new address. In short, I am very grateful for being given the opportunity to serve the
County as a Member of the Contractors Licensing Board, and I would very much like to
continue to serve in this capacity.
I spoke with Commissioner Henning on April 21, 2004 and asked if re-
appointment was automatic, and he suggested that 1 wnte a letter requesting the same. I
did so, and I have attached a copy to this memo.
If! must fill out a new application, piease fax a copy of that fonn to me at (239)
594-7588, and I will complete, and return it to you post haste. My new address, telephone
numbers and e-mail address are listed below.
Respectfully Yours:
. ....---;J
David L. Beswick, C.A.M.
T own Manager
ViUage Walk HOA of Naples, Inc.
Address : 5541 Cove Circle
Naples, FL 34119
(239) 594-1299 - Home
(239) 253-3251 - Cell
dlbeswick@comcast.net
Agenda Item 9A
3200 V1llagewallc Circle · Suite 100 · Naples. Florida 34109 June 8, 2004
(239) 594-8044 · FAX 12391594-7588 9 of 1 3
Email: VHOA@swfla.rr.com
.
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~.-
_.
April 21, 2004
Commissioner Tom Henning, District 3
Collier County Commission
3301 Tamiami Trail East
Naples, FL 34112
Dear Commissioner Henning:
In 2003 1 submitted my resume and an application to serve as a volunteer for any
position that I might be selected to fill on any Collier County Advisory Board and was
selected to serve a term on the Contractors Licensing Board.
I must say that volunteering for this position has given me quite an insight into
- how well Collier County is governed and I appreciate the honor bestowed., and the
experience that I have gained, and continue to gain through this appointment. I find that I
am serving with a terrific group of citizens in making Collier County a better and safer
place for our residents.
My appointment to the Board will expire in June of this year and I would like to
ask that I be re-appointed to the Contractors Licensing Board for another term so that I
may learn even more and be better enabled to serve my County Government. Please
express my thanks to your feHow County Commissioners and my admiration for the fine
job that you all do.
Respectfully Yours:
David L. Beswick, C.AM.
Town Manager
Village Walk HOA of Naples., Inc.
.-
Agenda Item 9A
June 8, 2004
1 0 of 13
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l'Ia~ 04 04 10:308 Collier'" Coun~~ 239-774-8865 p. 1
C-
~
0-'
Application for Advisory Committees/Boards
Board of Couaty CommissioDers
3301 Eut Tamiami TuiJ
-. ~aples. FL 34112
Ci(lier County (139) 774-8097
Fu: (239) 774-3602
..-'--- '-'-".>-..__..-,-,'-:'-_:'~
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,
Educatioo: . .
- 2/ YULS
,.,...-d.. MiJiII...t iIIf---,."JM~ 1'i.II.,,-... u...~..~,.Sa r.... ~M.....,,. 1M
~__ ~c...", c.--'-1Inwn. 33'1 Ear T_ioIal TrcJ4 NqIa. 'L 34112. If~..w..,u- J- yMI' ~r ~r~ .- ,. (V9) 7U-JUl ore-
..,. ...-..-~-..ft. n-u,.,,/w .....,..,;.,. _.~ tfCMlo.CIM..,.
Agenda Item 9A
June 8, 2004
11 of 1 3
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David L. Beswick
Licensed Community Association Manager
Florida C.AM License Number 0019175
(239) 430-6576 or (239) 253-3251
State of Florida - Notary Public
Qualifications For A Position as Your Community Association Manager
PERSONALSUMMAIlY
An intuitive, patient Professional Property Manager, offering over 30 years of experience in Community
Services, Personal aDd Property Security, Asset Protection, Mediation, Training and Investigation. SalaJy
Requirements are S50K+ per year
AREAS OF EXPERTISE
Personnel Training and Supervision. Complaint and Accident Investigation
Oceanside Condominium Experience Community Association Management
Landed HOA Experience Armed Security j Personal Protection
Community SeIVice Functions Dispute Resolution
PERSONAL EXPERIENCE PROFILE
Village Walk: Homeowner's Association of Naples, Inc. July 2000 to Present
. TowD Manager
Currently serving as the Town Manager of a SW Florida Gated Community of 850 Single-Family
homes, situated on over 350 acres of manicured lots with 16 lakes, 17 bridges, 3 swimmmg pools
and a Town ~nt.er Complex. Supervise Building aDd I.;J'ldscape Maintenance, Procurement and
Purchasing, Irrigation, Security and Recreational Activities. Administer S2,OOO,OOO budget.
Col. Peter O'Neal McDuffie (USAF R.et) February to July 2000 (femp. Position)
ElUte Administrator
Managed a Fort Lauderdale, FL. estate for a Retired Military InteIligence Officer and Scientist. I
was re5pODSlble for day-t<Hiay activities of the estate including repairs, budgeting, supervision of
contractors. and purchasing.
Tiara East Condominium Residences, Deedield Beach, FL. Febnwy 1998 to Febnwy 2000
Raideat Manager
I directed the activities of a staff of 17 employees for a l76~t, hi-rise Coodo on the Atlantic
Ocean in Northeast Broward County, with a budget of over $700,000. [pcJformcd all financial
operations of the Association including Budget Preparation, Special Assessments, Reserve
. Funding, and Forecasting of Maint_nce Necessities.
AccomplisluDellta iD 2411101ltlls: Lowered MaintP.1UI1'1N'! by 60/0; Brought Security, J .JI~g,
Pest Control and Painting in house; ReaI.izcd over $30,000.00 in savings by negotiating with the
Condo Insurance Carrier in spite of a near-miss by Hurricane Irene; Cut electricity oost.s in balfby
revamping the exterior lighting in common areas; Brought in an additional $20,000.00 per year by
finding a tenant for unused roof space. Vastly improved the appearmce of the property in
- landscaping, and by remodeling interior spaces, earning a "Beauty Spot" designation from the
City of Decrfield Beach.
Agenda Item 9A
June 8, 2004
12 of 13
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Sea Ranch Club "C" Condominium Association, Lauderdale-By- The-Sea. FL. 1995-1998
Chief of Secarity
I directed the activities of a staff of 16 Security Officers for a luxwy Hi-Rise Condominium on the
Atlantic Ocean. I was respoI1SIble for all Security functions including Hurricane Preparedness. I
created the ddining Security Manual for the Association. I adminiqered Access control. Parking,
Owner Relations and Safety & Security. I wolked very closely with the Community Association
Manager to learn Association and Condo Operations.
The WackeDhut Corporation, Fort Lauderdale, FL., 1992-1995
Custom Pnttedioa Officer - Tri Rail
I served as a Uniformed. Armed Security Specialist on the Tri~ty Commuter Railroad Scmce
for Miami-Dade, Broward and Palm Beach Counties. I oversaw Fare Inspections, Station Security,
Revenue Collections and I participated in various public relations functions. I collected over $5
million in fares per year with zero losses.
Barton Protective Services - St. Andrew's Country Club, Boca Raton, FL., 1990-1992
Director of Security
I scheduled and administered over 1,200 hours of Security Service per week with a staff of 22
armed and 13 uoarmcd Secori.ty Officers and 4 Scbutzcn ID-TnliDed K-9s. I provided Secu.rityfor
a Gated Upscale Community consistmg of 985 million doll~ homes, 2 18-hole cbam.pionship
golf courses and a S10 million clubhouse and recreational facility. I served as liaison to the
Community Association Manager and Board on Security Maners. I increased protection through
intensive training and educational programs for Security staff.
City of Rochcstcr, N.Y. Police Department, 1969-1990
Police Officer I Crime Scene Specialist I hlvestigator IlDvestigative SupenriJor
I served as a Patrol Officer, Evidence Technician, Fingerprint and Questioned Document
Examiner. Photographer, Field Training Officer and Investigative Crime Coordinator. I trained
and qualified as a Doppler Police Traffic Radar Operator and have given expen testimony on all of
these subjects. I supervised investigations by Detectives, Crime Prevention Officers, Youth
Services Officers and Patrol Officers. I netWOrk.ed and coordinated with Federal, State and Local
Law Enforcement Agencies. I retired on September 9. 1990.
EDUCA nON
New Yolk Stale Rcgenls High School Diploma - LeRoy Central School System. LeRoy, NY
Monroe Community College, Rochester, N.Y. - Criminal Justice Continuing Education
Federal Burean of Imesti.gation - FBI Academy
U.S. Treasmy Dept. - Burean of Alcohol, Tobacco &. Firearms Criminal Investigation School
Smith &: Wesson Marksmanship School- S.W.A. T. Operations
Monroe County, N.Y., Office of the Medical Examiner - Disaster Investigation Squad
Grey Systems Inc. - Community Asstrim-ion Manager Continuing Education
AFFILIATIONS
Executive Manager's Association American Society for lDdustriaJ. Security
Community Associ.atioos Institute Building Managers International
A.R.P.AL.ER &. Rochester Police Locnst Oub Fraternal Order of Police
Current Member - Collier County Contractors Licensing Board
Willing to Travel I Rpln(-_t(" Refereaces Furnished Upon Request
Agenda Item 9A
June 8, 2004
13 of 1 3
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"
-' EXECUTIVE SU\IlVIAR Y
CONFIRMATION OF MEMBER TO THE COLLIER COUNTY COASTAL ADVISORY
COMMITTEE
OBJECTIVE: To confirm 1 member representing Marco Island to serve a 4-year term, expiring
on May 22, 2008 to the Collier County Coastal Advisory Committee.
i CONSIDERATIONS: This 9 member committee was created by Ordinance 2001-03 to assist
the Board of County Commissioners with its establishment of unified beach erosion control and
inlet management programs within the unincorporated and incorporated areas of Collier County,
and to advise the Board of County Commissioners and the Tourist Development Council (TDC)
of project priorities with respect to funding sources that are available to Collier County for
restoration and protection of its shoreline. The committee is composed of 3 members from the
unincorporated area of Collier County. 3 members from the City of Naples and 3 members from
the City of ~arco Island. Selection for membership on this committee will be based upon the
applicant's familiarity with coastal proce<;ses. in let dynamics, coastal management programs, or
demonstrated interest in such programs; relevant education and experience: leadership and
involvement in community affairs; and willingness to attend meetings and to undertake and
complete assignments. After initial appointments. tcnns will be 4 years. A list of the current
membership is included in the backup.
The terms for Bedford H. Biles representing .:Ylar....o Island expired on May 22. 2004. A press
.-. release was issued and a letter was sent the \:1arn) k~lnrJ City Manager.
APPLICAl\T CATEGORY DlST ELECTOR ADV. COl\ll\l.
, Paul W. Sullivan i Man.:o IslamJ I I Yes I NOlle
COMMITTEE RECOMMEJ"'I.roATIO~: ConfirmJtion - Paul W. Sullivan. Marco Island
FISCAL L"tPACT: NONE
GROWTH MANAGEME~T IMPACT: i\O~E
RECOMMENDATION: That the Board of County Commissioners consider the
recommendation to confirm Paul W. Sullivan representing Marco Island City and direct the
County Attorney to prepare a resolution confirmmg the appointment.
Prepared By: Sue Filson. Executive Manager
Board of County Commissioners
Agenda Date: J~E 8, 2004
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Agenda Item No. 98
June 8, 2004
1 of 9
-'-""~-'---"~---'~".'. .,"""..,-,',,,;_...."',..'....
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- COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number 0'"'
,,0
Item Summary Conkmatior. of member tG the Co!lier County Coastal AdvisGr)' Committee
Meeting Date 6/8/2004 9:00:00 p.J\,1
Prepared By
Sue Filson Executive Manager to the BCe Date
Board of County
SCC Office 5!11!2004 1{J~03:05 AM
Commissioners
Approved By
James V. Mudd County Manager Date
80ard of County County Man3uer's Office
Commissioners 5!27!2004 6:47 PM
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Agenda Item No. 98
June 8, 2004
2 of 9
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City of Marco Island
I
I
i
i
RECEIYED
MAY 2 !.. 7~14
. ......-.
May 21,2004 Board of Count. Cc~~jjSl0ners
Ms. Sue Filson, Executive Manager
Board of County Commissioners
3301 East Tamiami Trail
Naples, Florida 34112
Re: Collier County Coastal Advisory Committee
Dear Ms. Filson:
By your letter of March 5, 2004 you advised that the term of a Marco Island
representative to the Coastal Advisory Committee (Bedford Biles) would expire
on May 22, 2004. While Mr. Biles is eligible for reappointment, he has asked
that he not be considered for reappointment to the CAC.
You requested that we provide you the name of a person that we would like to
be considered for appointment to represent Marco Island on the CAC for a four-
year term. The Marco Island City Council has solicited expressions of interest
from the community and has recommended that Paul W. Sullivan be appointed
to the CAC as one of the three representatives from Marco Island.
Attached is a completed application and resume.
Sincerely,
AIY~
A. William Moss
City Manager
AWM/bal
cc: City Council
Paul W. Sullivan
^genda Item ~Jo. 9B
50 B4ld Eagle Drive. ~lArl:o Island, Florida 3.011-4& June 8,2004
(239) M!9-5000 F.-\X (239) 389--n59 3 of 9
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.---------
. Application for Advisory Committees/Boards
-
Board of COUDty Commissioners
3301 East Tamiaml TraU
Naples, FL 34112
(239) 774-8097
Fax: (239) 774-3602
Name: P""1l1 TN ~1' 1 1 ;" "" '"
Home Address: 1330 c ("+- u Tc=l""",r1 1O'T I Zip Code: ":l it 1 JI c:.
Home Pbone: 2 3 q - ':I Q ':1- Q 1 ., c:. I Business Pbone: I Fax:
e-mail address:
Board or Committee Aoolied for: '" , Achd ~nTV ~. 't-t-gg
CatsorY or aDDllcable)
Examllle: CommlRlon District, DenloDer, envlren..eataJlst. Cldzea-At-Unlt, ete.
Are you al'ef[istered voter in Collier County? I Yes 00 I No [J
Do YOU currently hold DubUc omee? I Yes LJ I No 00
If 10, wbat office do you bold?
Do YOU now serve, or ban vou ever served on a Collier County board or committee? I Yes LJ I No ~
Uyes, IIlnlt list the boards/committees:
Please list your community activities (civic dubs, nelahborhood auodadons, etc. and posltlODS beld):
-
C::~'" "L -'-. ..::I
Education:
C::gg ]I....... ~
ExoerienceIBack2round:
c"..... ............_ .1.. ~
._.
^ I~_- '" t;
PI,.. MrtIeII My .UlIUIIiI' ;"/.""11&,, TOIl fm ~rtht'.L T1Ib ",~. 'MUI4 .'/0,.,.,.11 u SIu FITJ()II, ,
..nl ofC.1UIlJ C_",lssi""m, JJll Em Tali/ulli Trdl, Nllpln, TL 14112. I/:JMI ",WI, plast/u:J'In .;~~ D' ~
_oil'. .1I,n&",aullk17I1""n. TluuJt~IIf()' "./II.utrin, k1 u," 1M dtiulfl o/c.w., CDIIIfIy. 4 0 9
.----- -",- -'-'
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PAUL W. SULLIVAN
1330 Caxambas Court
Marco Island, FL 34145
393-9125
PERSONAL BACKGROUND:
. Married (wife - Kathy), 3 adult children (daughter is a lawyer,
son is an accountant, other daughter is a doctor), 6
grandchildren. Full time resident of Marco Island.
. Have owned property on Marco since 1985 (originally in a
condo on tbe beacb), moved permanently to Marco in 1999
(now living in a waterfront borne).
. B.S. in Business Administration - Bucknell University; M.S.
in Business Information Systems with Honors - Duquesne
University; Financial Management - N.Y.U. Elected to Beta
Gamma Sigma - National Business Honorary.
. Retired after 38 years from AT&T in 1999. Last assignment,
Vice President - Operations AT&T in Europe with expense and
capital budget responsibilities of over $400 million. Previous
assignment, Vice President - Business Billing Operations AT&T
in U.S. - with responsibility for over $200 million expense
budget with 1400 people in multiple Operation Centers.
CURRENT LOCAL AREA INVOLVEMENT:
- Marco Island Yacbt Club - Finance & Membership
Committees; former Fleet Captain
Agenda Item No. 98
June 8, 2004
50f9
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._'- - .
. . ,
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- Habitat for Humanity - Volunteer and Mentor (assists
families into new homes)
- Marco Island Sail & Power Squadron - By-laws Committee
- Marco Island Civic Association - Member; Residence Bea.ch
- Member
- Collier Co. Standing Watch - Founding Member, Executive
Committee, Sec.ffreasurer
- Marco Men's Club - Member
- Citizens for a Better Marco - Member
- Marco Police Foundation - Member
,-
- Marco Island Sport Fishing Club - Member
- San Marco Church - Member
PERSONAL OUTLOOK:
I love living in Southwest Florida!! We have 2 boats - one for exploring
the back islands and one for traveling the coast along the Gulf. We live in
a waterfront home and love to relax on the beautiful beaches whenever
we can. I feel very strongly about the preservation of our environment,
while balancing the needs for recreational boating, maintaining our
property values, and attracting tourism. My personal strengths include
financial analysis, business planning, negotiating skills, high energy &
enthusiasm, and strong inter-personal skills. I'm at a stage where I
would like to "give back" to the community and our society as much as I
,"-"'. can and where I can contribute significantly. Working with the Coastal
Advisory Committee would be acorn bination of all of the above!!
Agenda Item No. 98
June 8, 2004
60f9
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Collier County Coastal Advisory Committee
Work Phone Appt'd Exp. Date Term
Name Home Phone DaJeRe-appt 2ndExpDate 2nd Term
Mr. Anthony P. Pires, Jr. 649-6555 05122/0 I 05122/05 4 Years
209 Madison Drive
Naples, FL 34110
E-Mail:
District: 2
Category: Collier County
VACANT OS/22/04 3 Years
Naples, FL
E-Mail:
District: 2
Category: Collier County
Mr. Graham Ginsberg 45~595 03-09-04 OS/22/07 3 Years
4950 Sycamore Drive 455-8595
~
Naples, FL 34119
E-Mail:
District: 3
Category: Collier County
Mr. James L. Snediker OS/22/0 I OS/22/05 4 Years
3000-417 Royal Marco Way 642-3566
Marco Island, FL 34145
E-Mail:
District: I
Category: Marco Island
Mr. John A. Arceri 394-8852 02/11/03 OS/22/07 3+ Years
l228 Lamplighter Court 394-8852 01/27/04 OS/22/07
Marco Island, FL 34145
E-Mail:
District: I
Category: Marco Island
~ Wedrusdll1. M1I112, 2()(# Page 1 of J
Agenda Item No. 98
June 8, 2004
7 of 9
"-""''''"'''''''-"~''''-~',",- ""--,,,'. .', '
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- Collier County Coastal Advisory Committee
Work Phone Appt'd Exp. Date Term
Name Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. Bedford H. Biles 02/11103 OS/22/04 I Year
1588 Heights Court 394-3089
Marco Island, FL 34145
E-Mail:
District: 1
Category: Marco Island
Mr. Murray H. Hendel 05/11/04 05122108 4 Years
4301 Gulf Shore Blvd., N. 262-0738
Naples, FL 34103
E-Mail: murrp2h@aol.com
District: 4
Category: City of Naples
Mr. Ronald M. Pennington OS/22/01 05/22/03 2 Years
3430 Gulf Shore Blvd., N., Unit 2F 263-6935 02/10/04 OS/22/07 4 Years
,-
/ Naples, FL 34103
E-Mail:
District: 4
Category: City of Naples
Councilman John F. Sorey, III 213-1015 03-09-04 05/22/05 I Year
735 Eighth Street, South
Naples, FL 34102
E-Mail:
District: 4
Category: City of Naples
.,--
W~dnt!Sday, Mo., J 2. 2fJ04 Page 2 o{J
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Agenda Item No. 98
June 8, 2004
8 of 9
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--- Collier County Coastal Advisory Committee
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
This 9 member committee was created on February 13, 2001 by Ordinance 2001~3 to assist
the Board of County Commissioners with its establishment of unified beach erosion control and
inlet management programs within the unincorporated and incorporated areas of Collier County,
and to advise the Board d County Commissioners and the Tourist Development Council (TOC)
of project priorities with r8lpect to funding sources that are available to Collier County for
restoration and protection d its shoreline. The committee is composed of 3 members from the
unincorporated area of Collier County. 3 members from the City of Naples and 3 members from
the City of Marco Island. Selection for member8hip on this committee wiD be based upon the
applicanfs familiarity wi1h coaataI proceaees. inlet dynamics. c::aastaI management programs, or
demonstrated interest in such prograns; relevant edllcaOOn and experience; /e&dership and
involvement in community affairs; and willingness to attend meetings and to undertake and
complete assignments. After initial appointments, terms will be 4 years.
-- FL STAT
Staff: Maria Bernal. Tourism Office: 213-2966
-
Wednt!Sday. May 12. 2004 PageJ ofl
Agenda Item No. 98
June 8. 2004
9of9
E X E CUT I V E SUM:\1 A R Y
APPOI~TMENT OF COMMISSIONERS TO SERVE ON THE VALVE ADJUSTMENT
BOARD AND SET THE DATE FOR THE ORGANIZATIONAL MEETING
OBJECTIVE: To appoint 3 members and 2 alternates (County Commissioners) to serve on the
Value Adjustment Board (V AB).
CONSIDERATIONS: Each year 3 County Commissioners and 2 School Board members are
chosen to serve on the V AB to receive recommendations from the special masters who are
appointed to hear appeals on property appraisals.
It is suggested that the organizational meeting for the 2003/2004 V AB be set for Monday, July
26th at 9:00 a.m. The purpose of the organizational meeting is to select the Special Masters for
upcoming valuation adjustment proceedings. to amend the Value Adjustment Board Rules of
Procedure adopted last year. and to establish the prOl:ess for the V AB' s consideration of Special
Master recommendations.
The Property Appraiser's Office is targeting August 16. 2004. as the mailing date for the
assessment notices. The actual mailing date will determine the time period in which the hearings
must be held. Based on the information we have. it is suggested that tentative dates for the
hearings be establishell as Wednesday. Octoher 6. Thursday. October 7. and Frillay, O<.:toher R,
-." 2004 and the hearings for the V AB be tentatively set for Wednesday. October 13, Thursday.
October 14. and Friday, October 15.2004. The hearings will begin at 9:00 a.m.
NOTE: Florida Statute 194.035, "Special masters: property evaluators" states: (1) In counties
having a population of more than 75,000, the board shall appoint special masters for the purpose
of taking testimony and making recommendation to the board. which recommendations the
board may act upon without further hearing. Such special master may not be elected or
appointed officials or employees of the county but shall be selected from a list of those qualified
individuals who are willing to serve as special masters. Employees and elected or appointed
officials of a taxing jurisdiction or of the state may not serve as special masters. The clerk of the
board shall annually notify such individuals or their professional associations to make known to
them that opportunities to serve as special masters exist. The Department of Revenue shall
provide a list of qualified special masters to any county with a population of 75,000 or less.
Subject to appropriation. the department shall reimburse counties with a population of 75,000 or
less for payments made to special masters appointed for the purpose of taking testimony and
making recommendations to the value adjustment board pursuant to this section. The department
shall establish a reasonable range for payments per ca"e to special master based on such
payments in other counties. Requests for reimbursement of payments outside this range shall be
justified by the County. If the total of all requests for reimbursement in any year exceeds the
amount available pursuant to this section, payments to all counties shall be prorated accordingly.
. A special master appointed to hear issues of exemptions and
classifications shall be a member of The Florida Bar with no less
-... than 5 years' experience in the area of ad valorem taxation.
Agenda Item No. 9C
June 8, 2004
1 of 14
~
.
. A special master appointed to hear issues regarding the valuation
of real estate shall be a state certified real estate appraiser with not
less than 5 years' experience in real property valuation.
. A special master appointed to hear issues regarding the valuation
of tangible personal property shall be a designated member of a
nationally recognized appraiser's organization with not less than 5
years' experience in tangible personal property valuation.
A special master need not be a resident of the county in which he or she serves. No special
master shall be permitted to represent a person before the board in any tax year during which he
or she has served that board as a special master. The board shall appoint such masters frum the
list so compiled prior to convening of the board. The expense of hearings before special masters
and any compensation of special masters shall be borne three-fifths by the board of county
commissioners and two-fifths by the school board.
F~CALIMPACT: NONe
GROWTH MANAGEME:\"T IMPACT: NOl\e
RECOMMENDATION: That the Board of County Commissioners appoint 3 memhers and 2
alternates to serve on the V AB. authorize the Executlve Manager to BCC to contact the School
Board to request the names of their representatives. and~chedule the organizational meeting for
,.......-., Monday, July 26th to begin at 9:00 a.m.
Prepared By: Sue Filson, Executive lVlanager to BCC
Date: June 8. 2004
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Agenda Item No. 9C
June 8,2004
2 of 14
-.,
,- COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number 9C
Item Summary .Appointment of Commissioners to serve on the Value Adjustrnent Board and set
the date fer the organizational meeting
Meeting Date 6/8/2004 9:00:00 AJv1
Prepared By
Sue Filson Execlltive Manager to the Bee Date
Board of County SCC Otticn
Commissioners 5/11/200410:03:05 AM
Approved By
James V. Mudd Count'j Man<tg~:' Date
Board of COWlty County Manager's Office
Commissiof1€'s 51311200412:55 PM
<>-,
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Agenda Item No. 9C
June 8, 2004
3 of 14
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,0_ _. Search Statutes Constitution Laws of Florida Order
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Select Year: 12002 .:1 ~
The 2002 Florida Statutes
Title XIV ChaDter 194 View Entire
TAXATION AND ADMINISTRATIVE AND JUDICIAL REVIEW OF ChaDter
FINANCE PROPERTY TAXES
CHAPTER 194
ADMINISTRATIVE AND JUDICIAL REVIEW OF PROPERTY TAXES
PART I
ADMINISTRATIVE REVIEW (ss. 194.011-194.037)
PART II
JUDICIAL REVIEW (55. 194.171-194.231)
PART III
ASSESSMENT: PRESUMPTION OF CORRECTNESS (5. 194.301)
PART I
ADMINISTRATIVE REVIEW
194.011 Assessment notice; objections to assessments.
194.013 Filing fees for petitions; disposition; waiver.
194.015 Value adjustment board.
194.032 Hearing purposes; timetable.
194.034 Hearing procedures; rules.
I 194.035 Special masters; property evaluators.
I
194.036 Appeals.
194.037 Disclosure of tax Impact.
194.011 AlIseament notice; objections to .ssessment..--
(1) Each taxpayer whose property is subject to real or tangible personal ad valorem taxes shall be
notified of the assessment of each taxable item of such property, as provided '.B.g~~?&~3fn No. 9C
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(2) Any taxpayer who objects to the assessment placed on any property taxable to him or her
may request the property appraiser to informally confer with the taxpayer. Upon receiving the
request, the property appraiser, or a member of his or her staff, shall confer with the taxpayer
regarding the correctness of the assessment. At this informal conference, the taxpayer shall
present those facts considered by the taxpayer to be supportive of the taxpayer's claim for a
change in the assessment of the property appraiser. The property appraiser or his or her
representative at this conference shall present those facts considered by the property appraiser to
be supportive of the correctness of the assessment. However, nothing herein shall be construed to
be a prerequisite to administrative or judicial review of property assessments.
(3) A petition to the value adjustment board must be in substantially the form prescribed by the
department. Notwithstanding s. 195.022, a county officer may not refuse to accept a form
provided by the department for this purpose if the taxpayer chooses to use It. A petition to the
I value adjustment board shall desoibe the property by parcel number and shall be filed as follows:
I (a) The property appraiser shall have available and shall distribute forms prescribed by the
Department of Revenue on which the petition shall be made. Such petition Shall be sworn to by
the petitioner.
(b) The completed petition shall be filed wittJ the clerk of the value adjustment board of the
county, who shall acknowledge receipt thereof and promptly furnish a copy thereof to the property
appraiser.
(c) The petition shall state the approximate time anticipated by the taxpayer to present and argue
his or her petition before the board.
(d) The petition may be filed. as to valuation issues. at any time during the taxable year on or
^",......" before the 25th day following the mailing of notice; by the property appraiser as provided in
subsection (1). With respect to an Issue InvolvtnQ the denial of an exemption, an agricultural or
high-water recharge classification application, an application for classification as historic property
used for commercial or certain nonprofit purposes, or a deferral, the petltion must be filed at any
time during the taxable year on or before the 30th day following the mailing of the notice by the
property appraiser under s. 193.461, s. 193.503, s. 193.625, or s. 196.193 or notice by the tax
collector under s. 197.253.
(e) A condominium association. cooperative association, or any homeowners' association as
defined in s. 723.075, with approval of its board of administration or directors, may file with the
value adjustment board a single joint petition on behalf of any association members who own
parcelS of property which the property appraiser determines are substantially similar with respect
to location, proximity to amenities, number of rooms, IMng area, and condition. The condominium
association, cooperative association, or homeowners' association as defined in s. 723.075 shall
provide the unit owners with notice of its intent to petition the value adjustment board and shall
provide at least 20 days for a unit owner to elect, in writing, that his or her unit not be included in
the petition.
(f) An owner of contiguous, undeveloped parcels may file with the value adjustment board a
single joint petition if the property appraiser determines such parcels are substantially similar in
nabJre.
(g) The Individual, agent. or legal entity that signs the petition becomes an agent of the taxpayer
i for the purpose of serving process to obtain personal jurisdiction over the taxpayer for the entire
I value adjustment board proceedings, Indudlng any appeals of a board decision by the property
appraiser pursuant to s. 194.036.
(4)(a) At least 10 days before the hearing, the petitioner shall provide to the property appraiser a
- list of evidence to be presented at the hearing, together with copies of all documentation to be
considered by the value adjustment board and a summary of evidence to be presented by
W'~"le5ses.
Agenda Item No. 9C
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(b) No later than 5 days after the petitioner provides the information required under paragraph
(a), the property appraiser shall provide to the petitioner a list of evidence to be presented at the
hearing, together with copies of all documentation to be considered by the value adjustment board
and a summary of evidence to be presented by witnesses. The evidence list must contain the
property record card if provided by the clerk.
(5) The department shall by rule prescribe uniform procedures for hearings before the value
adjustment board which include requiring:
(a) Procedures for the exchange of Information and evidence by the property appraiser and the
petitioner consistent with s. 194.032; and
(b) That the value adjustment board hold an organizational meeting for the purpose of making
these procedures available to petitioners.
History.--s. 25, ch. 4322, 1895; GS 525; s. 1, th. 5605, 1907; ss. 23,66. ch. 5596, 1907; RGS
723, 724; CGL 929, 930; s. 1, ch. 67-415; 55. 1, 2, ch. 69-55; s. 1, ch. 69-140; ss. 21, 35, ch.
69-106; s. 25, ch. 70-243; s. 34, ch. 71-355; s. 11, ch. 73-172; s. 5, th. 76-133; s. 1, ch. 76-
234; s. 1, ch. 77-102; s. 1, ch. 77-174; 5. 2, ch. 78-354; s. 36, ch. 80-274; 5. 13, ch. 82-208; 55.
8,55,80, ch. 82-226; s. 209, ch. 85-342; s. 1, ch. 86-175; s. 1, ch. 88-146; s. 143, ch. 91-112;
s. 1, ch. 92-32; s. 977. ch. 95-147; 5.6, ch. 95-404; s, 4, ch. 96-204; s. 3, ch. 97-117; s. 2. ch.
2002-18.
Note.--Former s. 193.25.
194.013 Filing fees for petitions; disposition; waiver.--
(1) If so required by resolution of the value adjus,tment board, a petition filed pursuant to s.
194 .011 shall be accompanied by a filing fee to be paid to the clerk of the value adjustment board
in an amount determined by the board not to exceed $15 for each separate parcel of property,
real or personal, covered by the petition and subject to appeal. However. no such "ling fee may be
required with respect to an appeal from the disapproval of homestead exemption under 5. 196.151
or from the denial of tax deferral under 5. 197.253. Only a single filing fee shall be charged under
this section as to any particular parcel of property despite the existence of multiple issues and
hearings pertaining to such parcel. For joint petitions filed pursuant to s. 194.01l(3)(e) or (f), a
single filing fee shall be charged. Such fee shall be calculated as the cost of the special master for
the time involved in hearing the joint petition and shall not exceed $5 per parcel. Said fee is to be
proportionately paid by affected parcel owners.
(2) The value adjustment board shall waive the filing fee with respect to a petition filed by a
taxpayer who demonstrates at the time of filing, by an appropriate certificate or other
documentation issued by the Department of Children and Family Services and submitted with the
petition, that the petitioner is then an eligible redpient of temporary assistance under chapter
414.
(3) All filing fees Imposed under this section shall be paid to the clerk of the value adjustment
board at the time of filing. If such fees are not paid at that time, the petition shall be deemed
Invalid and shall be rejected.
(4) All flling fees collected by the clerk shall be allocated and utilized to defray, to the extent
possible, the costs incurred In connection with the administration and operation of the value
adjustment board.
Hlstory.--s. 19, ch. 83-204; s. 210, ch. 85-342; s. 2, ch. 86-175; s. 4, ch. 86-300; s. 2, ch. 88-
146; s. 144, ch. 91-112; s. 55, ch. 96-175; s. 18, ch. 99-8; s. 3, ch. 2000-262.
1'4.015 Value adjustment bo.rd.--There is hereby created a value adjustment board for each
county, which shall consist of three members of the governing bOdy of the couRty aSlleffied ~m C
gen a em o. 9
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- the membership of the board of said governing body, one of whom shall be elected chairpersor.,
and two members of the school board as elected from the membership of the school board. The
members of the board may be temporarily replaced by other members of the respective boards on
appointment by their respective chairpersons. Any three members shall constitute a quorum of the
board, except that each quorum must include at least one member of said governing board and at
least one member of the school board, and no meeting of the board shall take place unless a
quorum is present. Members of the board may receive such per diem compensation as is allowed
by law for state employees if both bodies elect to allow such compensation. The cieri( of the
governing bOdy of the county shall be the derk of the value adjustment board. The office of the
county attorney may be counsel to the board unless the county attorney represents the property
appraiser, in which instance the board shall appoint private counsel who has practiced law for over
5 years and who shall receive such compensation as may be established by the board. No meeting
of the board shall take place unless counsel to the board is present. However, counsel for the
property appraiser shall not be required when the county attorney represents only the board at
the board hearings, even though the county attorney may represent the property appraiser in
other matters or at a different time. Two-fifths of the expenses of the board shall be borne by the
district school board and three-fifths by the district county commission.
History.--s. 2, ch. 69-140; s. I, ch. 69-300; s. 26, ch. 70-243; 5.22, ch. 73-17.2; s. 5, ch. 74-
234; s. 1, ch. 75-77; s. 6. ch. 76-133; s. 2, ch. 76-234; s. 1. ch. 77-69; s. 145, ch. 91-112; s.
978, ch. 95-147.
194.032 Hearing purpo...; timetable.--
(1)(a) The value adjustment board shall meet not eartier than 30 days and not later than 60 days
after the mailing of the notice provided in s. 194.011(1); however, no board hearing shall be held
before approval of all or any part of the assessment rolls by the Department of Revenue. The
board shall meet for the following purposes:
""_.m
,
1. Hearing petitions relating to assessments filed pursuant to s. 194.011(3).
2. Hearing complaints relating to homestead exemptions as provided for under s. 196.151.
3. Hearing appeals from exemptions denied, or disputes arising from exemptions granted, upon
the filing of exemption applications under s. 196.011.
4. Hearing appeals concerning ad valorem tax deferrals and classifications.
(b) Notwithstanding the provisions of paragraph (a), the value adjustment board may meet prior
to the approval of the assessment rolls by the Department of Revenue, but not earlier than July 1,
to hear appeals pertaining to the denial by the property appraiser of exemptions, agricultural and
high-water recharge classifications, classifications as historic property used for commercial or
certain nonprofit purposes, and deferrals under subparagraphs (a)2.. 3., and 4. In such event,
however, the board may not certify any assessments under s. 193.122 until the Department of
Revenue has approved the assessments In accordance with s. 193.1142 and all hearings have
been held with respect to the particular parcel under appeal.
(c) In no event may a hearing be held pursuant to this subsection relative to valuation issues
prior to completion of the hearings required under s. 200.065(2)(c).
(2) The cieri( of the governing body of the county shall prepare a schedule of appearances before
the board based on petitions timely filed with him or her. The derk shall notify each petitioner of
the scheduled time of his or her appearance no less than 20 calendar days prior to the day of such
scheduled appearance. Upon receipt of this notification, the petitioner shall have the right to
reschedule the hearing a single time by submitting to the clerk of the governing body of the
..-. county a written request to reschedule, no less than 5 calendar days before the day of the
originally scheduled hearing. A copy of the property record card containing relevant Information
used In computing the taxpayer's current assessment shall be included with such notice, if said
card was requested by the taxpayer. Such request shall be made by checking ~g~~~w, ~~. 9C
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on the petition form. No petitioner shall be required to walt for more than 4 hours from the
scheduled time; and. If his or her petition is not heard In that time, the petitioner may, at his or
her option, report to the chairperson of the meeting that he or she Intends to leave; and, If he or
she is not heard immediately, the petitioner's administrative remedies will be deemed to be
exhausted, and he or she may seek further relief as he or she deems appropriate. Failure on three
occasions with respect to any single tax year to convene at the scheduled time of meetings of the
board shall constitute grounds for removal from office by the Governor for neglect of duties.
(3) The board shall remain in session from day to day until all petitions, complaints, appeals, and
disputes are heard. If all or any part of an assessment roll has been disapproved by the
department pursuant to s. 193.1142, the board shall reconvene to hear petitions, complaints. or
appeals and disputes filed upon the finally approved roll or part of a roll.
History.--s. 4, ch. 69-140; S5. 21, 35, ch. 69-106; s. 27, ch. 70-243; s. 12, ch. 73-172; s. 6, th.
74-234; s. 7, ch. 76-133; s. 3, ch. 76-234; s. 1, ch. 77-174; 5. 13, ch. 77-301; 55. 1,9,37, ch.
80-274; s. 5, ch. 81-308; ss. 14, 16, ch. 82-208; 55. 9. 11,23,26,80, ch. 82-226; 55.20,21,
22,23, 24, 25, th. 83-204; s. 146, en. 91-112; s. 979, en. 95-147; s. 5, ch. 96-204; s. 4, ch. 97-
117; s. 2. ch. 98-52; s. 3, ch. 2002-18.
194.034 Hearing procedures; rules.--
(1)(21) Petitioners before the b~rd may be represented by an attorney or agent and present
testimony and other evidence. The property appraiser or his or her authorized representatives
may be represented by an attorney in defending the property appraiser's assessment or opposing
an exemption and may present testimony and other evidence. The property appraiser, each
petitioner, and all witnesses shall be required, upon the request of either party, to testify under
oath as administered by the chairperson of the board. Hearings shall be conducted in the manner
prescribed by rules of the department. which rules shall indude the right of cross-examination of
any witness.
(b) Nothing herein shall preclude an aggrieved taxpayer from contesting his or her assessment in
the manner provided by s. 194.171, whether or not he or she has initiated an action pursuant to
s. 194.011.
(c) The rules shall provide that no evidence shall be considered by the board except when
presented during the time scheduled for the petitioner's hearing or at a time when the petitioner
has been given reasonable notice; that a verbatim record of the proceedings shall be made, and
proof of any documentary evidence presented shall be preserved and made available to the
Department of Revenue, if requested; and that further judldal proceedings shall be as provided in
s. 194.036.
(d) Notwithstanding the provisions of this subsection, no petitioner may present for consideration,
nor may a board or special master accept for consideration, testimony or other evidentiary
materials that were requested of the petitioner in writing by the property appraiser of which the
petitioner had knowledge and denied to the property appraiser.
(e) Chapter 120 does not apply to hearings of the value adjustment board.
(f) An assessment may not be contested until a retum required by s. 193.052 has been filed.
(2) In each case, except when a complaint Is withdrawn by the petitioner or is acknowledged as
correct by the property appraiser, the value adjustment board shall render a written dedsion. All
such decisions shall be issued within 20 calendar days of the last day the board Is In session under
s. 194.032. The dedsion of the board shall contain findings of fact and conclusions of law and shall
include reasons for upholding or overturning the determination of the property appraiser. When a
spedal master has been appointed. the recommendations of the special master shall be
considered by the board. The der1c., upon issuance of the decisions, shall, on a fonn provided by
the Department of Revenue, notify by flrst-dass mail each taxpayer, the property appraiser, and
the department of the decision of the board. Agenda Item No. 9C
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(3) Appearance before an advisory board or agency created by the county may not be required as
a prerequisite condition to appearing before the value adjustment board.
(4) A condominium homeowners' assodation may appear before the board to present testimony
and evidence regarding the assessment of condominium units which the association represents.
Such testimony and evidence shall be considered by the board with respect to hearing petltJons
filed by individual condominium unit owners, unless the owner requests otherwise.
(5) For the purposes of review of a petltton, the board may consider assessments among
comparable properties within homogeneous areas or neighborhoods.
(6) For purposes of hearing joint petitions filed pursuant to s. 194.011(3)(e). each included parcel
shall be considered by the board as a separate petition. Such separate petitions shall be heard
consecutively by the board. If a spedal master Is appointed, such separate petitions shall all be
assigned to the same special master.
HIstory.--s. 21, ch. 83-204; s. 12, ch. 83-216; s. 3, ch. 86-175; s. 147, th. 91-112; s. 2, ch. 92-
32; s. 980, ch. 95-147.
194.035 Special masters; propW'ty evaluators.--
(1) In counties having a population of more than 75,000, the board shall appoint special masters
for the purpose of taking testimony and making recommendations to the board. which
recommendations the board may act upon without further hearing. Such special masters may not
be elected or appointed offldals or employees of the county but shall be selected from a list of
those qualified individuals who are Willing to serve as spedal masters. Employees and elected or
appointed offidals of a taxing jurisdiction or of the state may not serve as special masters. The
derk of the board shall annually notlry such indivltluals or their professional assodations to make
I known to them that opportunities to serve as spedal masters exist. The Department of Revenue
shall provide a list of qualified special masters to any county with a population of 75,000 or less.
Subject to appropriation, the department shall reimburse counties with a population of 75,000 or
less for payments made to spedal masters appointed for the purpose of taking testimony and
making recommendations to the value adjustment board pursuant to this section. The department
shall establish a reasonable range for payments per case to special masters based on such
payments in other counties. Requests for reimbursement of payments outside this range shall be
justified by the county. If the total of all requests for reimbursement In any year exceeds the
amount available pur.;uant to this sed:lon, payments to all counties shall be prorated accordingly.
A special master appointed to hear issues of exemptions and classifications shall be a member of
The Rorida Bar with no less than 5 years' experience in the area of ad valorem taxation. A special
master appointed to hear issues regarding the valuation of real estate shall be a state certified
real estate appraiser with not less than 5 years' experience in real property valuation. A special
master appointed to hear issues regarding the valuation of tangible personal property shall be a
designated member of a natlonaUy recognized appraiser's organization with not less than 5 years'
experience in tangible personal property valuation. A spedal master need not be a resident of the
county in which he or she serves. No spedal master shall be permitted to represent a person
before the board in any tax year during which he or she has served that board as a spedal
master. The board shall apPOint such masters from the list so complied prior to convening of the
board. llle expense of hearings before special masters and any compensation of special masters
shall be borne three-flfths by the board of county commissioners and two-ftfths by the school
board.
(2) 111e value adjustment board of each county may employ qualified property appraisers or
evaluators to appear before the value adjustment board at that meeting of the board which Is held
for the purpose of hearing complaints. Such property appraisers or evaluators shall present
testimony as to the just value of any property the value of which is contested before the board
and shall submit to examination by the board, the taxpayer, and the property appraiser.
....-
Hlstory.--s. 22. ch. 83-204; s. 148, th. 91-112; s. 981, ch. 95-147; s. 4, ch. 2002-18.
Agenda Item No. 9C
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194.036 Appeals.--Appeals of the decisions of the board shall be as follows:
(1) If the property appraiser disagrees with the decision of the board, he or she may appeal the
decision to the circuit court if one or more of the following criteria are met:
(a) The property appraiser determines and affirmatively asserts in any legal proceeding that there
is a specific constitutional or statutory violation, or a specific violation of administrative rules, In
the decision of the board, except that nothing herein shall authorize the property appraiser to
I institute any suit to challenge the validity of any portion of the constitution or of any duly enacted
I legislative act of this state;
(b) There Is a valiance from the property appraiser's assessed value in excess of the following: 15
percent variance from any assessment of $50,000 or less; 10 percent variance from any
assessment in excess of $50,000 but not in excess of $500,000; 7.5 percent variance from any
assessment in excess of $500,000 but not in excess of $1 million; or 5 percent variance from any
assessment in excess of $1 million; or
(c) There is an assertion by the property appraiser to the Department of Revenue that there
exists a consistent and continuous violation of the Intent of the law or administrative rules by the
value adjustment board in its decisions. The property appraiser shall notify the department of
those portions of the tax roll for which the assertion is made. The department shall thereupon
notify the clerk of the board who shall, within 15 days of the notification by the department, send
the written decisions of the board to the department. Within 30 days of the receipt of the decisions
by the department, the department shall notify the property appraiser of its decision relative to
further judicial proceedings. If the department finds upon Investigation that a consistent and
continuous violation of the intent of the law or administrative rules by the board has occurred, It
shall so inform the property appraiser, who may thereupon bring suit in circuit court against the
value adjustment board for injunctive relief to prohibit continuation of the violation of the law or
administrative rules and for a mandatory injunctio,n to restore the tax roll to its just value in such
amount as determined by judiCial proceeding. However, when a final judicial decision is rendered
as a result of an appeal flied pursuant to this paragraph which alters or changes an assessment of
a parcel of property of any taxpayer not a party to such procedure, such taxpayer shall have 60
days from the date of the final judicial decision to file an action to contest such altered or changed
assessment pursuant to s. 194.171(1). and the provisions of s. 194.171(2) shall not bar such
action.
(2) Any taxpayer may bring an action to contest a tax assessment pursuant to s. 194.171.
(3) The circuit court proceeding shall be de novo. and the burden of proof shall be upon the party
initiating the action.
History.--s. 23, ch. 83-204; s. 149, ch. 91-112; s. 982, ch. 95-147.
194.037 DIKlosu... of tax i..pact.--
(1) After hearing all petitions, complaints, appeals, and disputes, the clerk shall make public
notice of the findings and results of the board in at least a quarter-page size advertisement of a
standard. size or tabloid size newspaper, and the headline shall be in a type no smaller than 18
point. The advertisement shall not be placed in that portion of the newspaper where legal notices
and claSslfled advertisements appear. The advertisement shall be published In a newspaper of
general paid circulation In the county. The newspaper selected shall be one of general Interest and
readership In the community, and not one of limited subject matter, pursuant to chapter 50. l1'Ie
headline shall read: TAX IMPACT OF VALUE ADJUSTMENT BOARD. The public notice shall list the
members of the value adjustment board and the taxing authorities to which they are elected. The
form shall show, in columnar form, for each of the property classes listed under subsection (2),
the following Information, with appropriate column totals:
(a) In the first column. the number of parcels for which the board granted exemptions that had
been denied or that had not been acted upon by the property appraiser. Agenda Item No. 9C
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(b) In the second column, the number of parcels for which petitions were filed concerning a
I property tax exemption.
I
I (c) In the third column, the number of parcels for which the board reduced the assessment from
that made by the property appraiser on the initial assessment roll.
(d) In the fourth column, the number of parcels for which petitions were filed requesting a change
in assessed value, Indudlng requested changes in assessment dasslflcation.
(e) In the fifth column, the net change in taxable value from the assessor's initial roll which
results from board decisions.
(f) In the sixth column, the net shift in taxes to parcels not granted relief by the board. The shift
shall be computed as the amount shown in column 5 multiplied by the applicable millage rates
adopted by the taxing authorities in hearings held pursuant to s. 2OO.065(2)(d) or adopted by
vote of the electors pursuant to s. 9(b) or s. 12, Art. VII of the State Constitution, but without
adjustment as authorized pursuant to s. 200.065(5). If for any taxing authOrity the hearing has
not been completed at the time the notice required herein is prepared, the millage rate used shall
be that adopted in the hearing held pursuant to s. 200.065(2)(c).
(2) There must be a line entry in each of the columns described in subsection (1). for each of the
following property classes:
(a) Improved residential property, which must be identified as "Residential."
(b) Improved commercial property, which must be identified as .Commercial."
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(c) Improved industrial property. utility property,'leasehold interests, subsurface rights. and other
property not properly attribuUlble to other classes listed in this section, which must be identified
as .Industrial and Misc."
(d) Agricultural property, which must be identified as "AgriCultural."
(e) High-water recharge property, which must be identified as "High-Water Recharge."
(f) Historic property used for commerdal or certain nonprofit purposes, which shall be Identified
as "Historic Commerdal or Nonprofit."
(g) Tangible personal property, which must be identified as "Business Machinery and Equipment."
(h) Vacant land and nonagricultural acreage, which must be identified as "Vacant Lots and
Acreage. ..
(3) The form of the notice, including appropriate narrative and column descriptions, shall be
prescribed by department rule and shall be brlef and nontechnical to minimize confusion for the
average taxpayer.
History.--s. 24. ch. 83-204; 5. 150, ch. 91-112; 5.6, ch. 96-204; s. 5, ch. 97-117.
PART II
JUDICIAL REVIEW
- 194.171 Circuit court to have original jurisdiction in tax cases.
~ 94 ! 91 Parties to a tax suit. Agenda Item No. 9C
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194.192 Costs; interest on unpaid taxes; penalty,
194.211 Injunction against tax sales.
194.231 Parties in suits relating to distribution, etc., of funds to counties, etc.
194.171 Crcuit court to have original jurisdiction In tax ca....--
(1) The circuit courts have original jurisdiction at law of all matters relating to property taxatlon.
Venue is in the county where the property Is located, except that venue shall be in Leon County
when the property is assessed pursuant to s. 193.085(4).
(2) No action shall be brought to contest a tax assessment after 60 days from the date the
assessment being contested is certified for collection under s. 193.122(2). or after 60 days from
the date a decision is rendered concerning such assessment by the value adjustment board if a
petition contesting the assessment had not received flnal action by the value adjustment board
prior to extension of the roll under s. 197.323.
(3) Before an action to contest a tax assessment may be brought, the taxpayer shall pay to the
collector not less than the amount of the tax which the taxpayer admits In good faith to be owing.
The collector shall issue a receipt for the payment, and the receipt shall be filed with the
complaint. Notwithstanding the provisions of chapter 197, payment of the taxes the taxpayer
admits to be due and owing and the timely flling of an action pursuant to this section shall
suspend all procedures for the collection of taxes prior to final disposition of the action.
(4) Payment of a tax shall not be deemed an admission that the tax was due and shall not
prejudice the right to bring a timely action as provided in subsection (2) to challenge such tax and
seek a refund.
(5) No action to contest a tax assessment may be maintained, and any such action shall be
dismissed. unless all taxes on the property assessed In years after the action is brought, which the
taxpayer in good faith admits to be owing, are paid before they become delinquent.
(6) llle requirements of subsections (2), (3), and (5) are jurisdictional. No court shalt have
jurisdiction in such cases until after the requirements of both subsections (2) and (3) have been
met. A court shall lose jurisdiction of a case when the taxpayer has failed to comply with the
requirements of subsection (5).
History.--s. 1, ch. 8586, 1921; CGL 1038; s. 2, ch. 29737, 1955; s. 1. ch. 67-538; ss. 1. 2, ch.
69~55; s. 8, ch. 69-102; s. 6, ch. 69-140; 55.30,31, ch. 70-243; s. 1. ch. 72-239; s. 6, ch. 74-
234; s. 17, ch. 82-226; s. 7, ch. 83-204; s. 56, ch. 83-217; s. 211, ch. 85-342; s. 3, ch. 88-146;
s. 151, ch. 91-112; s. 32, ch. 94-353; s. 1470. ch. 95-147.
Note.--Former S5. 192.21, 194.151, 196.01.
194.181 Parties to a tax suit.--
(1) The plaintiff in any tax suit shalt be:
(a) The taxpayer contesting the assessment of any tax, the payment of which he or she is
responsible for under the law or the condominium association, cooperative association, or
homeowners' association as denned in s. 723.075 which operates the units subject to the
assessment; or
(b) The property appraiser pursuant to s. 194.036.
(2) In any case brought by the taxpayer or association contesting the assess~eg'~~tlarwem No. 9C
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property, the county property appraiser shall be party defendant. In any case brought by the
property appraiser pursuant to s. 194.036(1)(a) or (b), the taxpayer shall be party defendant. :"
any case brought by the property appraiser pursuant to s. 194.036(1)(c), the value adjustment
board shall be party defendant.
(3) In any suit involving the collection of any tax on property, as well as questions relating to tax
certificates or tax deeds, the tax collector charged under the law with collecting such tax shall be
the defendant.
(4) In any suit involving a tax other than an ad valorem tax on property, the tax collector charged
under the law with collectlng such tax shall be defendant. However, this section does not apply In
any instance wherein general law proVides for some other person to be the party defendant.
(5) In any suit in which the assessment of any tax, or the collection of any tax, tax certificate, or
tax deed is contested on the ground that it Is contrary to the State Constitution, the official of the
state government responsible for overall supervision of the assessment and collection of such tax
shall be made a party defendant of such suit. Any such suit shaH be brought in that county having
venue under s. 194.171 or. when that section Is inapplicable, in the Orcult Court of Leon County.
and the attorney for the defendant county officer shall upon request represent the state official in
any such suit or proceeding, for which he or she shall receive no additional compensation.
(6) In any suit in which the validity of any statute or regulation found in, or issued pursuant to,
chapters 192-197, indusive, is contested. the publiC officer affected may be a party plaintiff.
History.--s. 3, ch. 8586, 1921; CGL 1040; 55. 1,2, ch. 69-55; s. 7, ch. 69-140; s. 32, ch. 70-
243; s. 1, ch. 73-74; 5.9, ch. 76-133; s. 4, ch. 76-234; s. 1, ch. 77-174; s. 27, ch. 83-204; s. 4,
ch. 88-146; s. 152, ch. 91-112; s. 983, ch. 95-147.
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Note.--Fonner s. 196.03. .
194.192 Costs; Interest on unpaid tax..; penalty.--
(1) In any suit involving the assessment or collection of any tax, the court shall assess all costs.
(2) If the court finds that the amount of tax owed by the taxpayer Is greater than the amount the
taxpayer has in good faith admitted and paid, it shall enter judgment against the taxpayer for the
defidency and for interest on the deficiency at the rate of 12 percent per year from the date the
tax became delinquent. If It finds that the amount of tax which the taxpayer has admitted to be
owing is grossly disproportionate to the amount of tax found to be due and that the taxpayer's
admission was not made in good faith. the court shall also assess a penalty at the rate of 10
percent of the deficiency per year from the date the tax became delinquent.
History.--s. 8, ch. 69-140; s. 33, ch. 70-243; s. 35, ch. 71-355; s. 2. ch. 72-239; s. lB. ch. 82-
226; s. 4, ch. 96-397.
194.211 Injunction against tax sai...--In any tax suit, the court may issue injunctlons to
restrain the sale of real or personal property for any tax which shall appear to be contrary to law
or equity, and In no case shall any complaint be dismissed because the tax assessment
complained of, or the Injunction asked for, involves personal property only.
History.--s. 2, ch. 8586, 1921; CGL 1039; ss. 1. 2, ch. 69-55; s. 34, ch. 70-243.
Note.--Fonner s. 196.02.
- 194.231 Partie. in suits relating to distribution, etc., of funds to counties, etc.--
(1) No court shall hereafter enter any interlocutory or final order, decree, or j~~G'nea~ InJ'~y~c:e9C
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involving the validity or constitutionality of any law relating to the distribution, apportionment, or
allocation of any state excise or other taxes equally to the several counties in this state under such
law, until it shall be made to appear of record in the case that the party to the cause seekJng such
order, decree, or judgment has duly served upon the chairperson of the board of county
commissioners or the chairperson of the school board of each of the counties of this state or upon
both such chairpersons of said boards, depending upon whether one or both of said boards has an
interest in the subject matter, written notice of the pendency of the case and thereafter of all
hearings of all applications or motions for such orders, decrees of judgments In such cases, at
least 5 days before all hearings.
(2) Such notice shall state the time, place and date of each such hearing and adjournments
thereof, and shall be accompanied by copy of the complaint and petition, motion or application for
any such order, decree, or judgment and the exhibits thereto attached, if any; and upon such
service such boards of such counties having an interest in the subject matter of the case shall
forthwith be and become parties to the cause, and shall be by order of the court properiy aligned
as parties plaintiff or defendant.
History.--s. 1, ch. 19029, 1939; CGL 1940 Supp. 1279(110-f)i s. 2, ch. 29737, 1955; ss. 1,2,
ch. 69-55; s. 1, ch. 69-300; s. 984, ch. 95-147.
Note.--Former s. 196.13.
PART III
ASSESSMENT:
PRESUMPTION OF CORRECTNESS
194.301 Presumption of correctness.
.
194.301 Presumption of carr.ctn....--In any administrative or judicial action in which a
taxpayer challenges an ad valorem tax assessment of value, the property appraiser's assessment
shall be presumed correct. lhis presumption of correctness is lost if the taxpayer shows by a
preponderance of the evidence that either the property appraiser has failed to consider property
the criteria in s. 193.011 or if the property appraiser's assessment Is arbitrarily based on appraisal
practices which are different from the appraisal practices generally applied by the property
appraiser to comparable property within the same class and within the same county. If the
presumption of correctness is lost, the taxpayer shall have the burden of proving by a
preponderance of the evidence that the appraiser's assessment is in excess of just value. If the
presumption of correctness is retained, the taxpayer shall have the burden of proving by clear and
convlndng evidence that the appraiser's assessment is in excess of just value. In no case shall the
taxpayer have the burden of proving that the property appraiser's assessment Is not supported by
any reasonable hypothesis of a legal assessment. If the property appraiser's assessment is
determined to be erroneous. the Value Adjustment Board or the court can establish the
assessment if there existS competent, substantial evidence in the record, which cumulatlvely
meets the requirements of s. 193.011. If the record lacks competent. substantial evidence
meeting the just value criteria of s. 193.011, the matter shall be remanded to the property
appraiser with appropriate directions from the Value Adjustment Board or the court.
History.--s. 1, ch. 97-85.
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Prlvacv Stat.ment
Agenda Item No. 9C
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,~_. EXECUTIVE SU'1~IARY
APPOiNTMENT OF MEMBER(S) TO THE PARKS AND RECREATION ADVISORY
BOARD
OBJECTIVE: To appoint 1 member to serve the remainder of a vacant term, expiring on
December 31, 2005 to the Parks and Recreation Advisory Board.
CONSIDERATIONS: The Parks and Recreation Advisory Board has 1 vacancy due to a
resignation with the term expiring on December 31,2005. representing the Urban category.
Representation on this board consists of 1 member from the Immokalee Community Park
District, and 6 members from the Naples and Urban Area Community Park District. This 7-
member board advises the Board of County Commissioners on matters pertaining to the
acquisition, development and programs involving the County's park facilities. Terms are 4
years. A list of the current membership is included in the backup.
Mr. Charles M. \1cMahon. Sr. resigned on April 2, 2()()4. A pre"" relea"c was issued and
resumes were received from the following 3 interested citizens:
APPLlCAl'\T CATEGORY OIST ELECTOR Anv. COI\Il\1.
Cormie D. Stegall-Fullmer L rban I I Yes I None I
. Timothy D, Toole Crban ~ ! Yes I Nrlre
.- Joseph C. Overbeck Crban , I i Yes i None
COMMITTEE RECOMMESDATION: The committee ranked the applicants as follow~:
I. Timothy D. Toole
J Connie D. Stegall-Fullmer
3. Joseph C Overbeck
FISCAL L\-IPACT: NONE
GROWTH MANAGEME:\T IMP ACT: 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 \1anagcr
Board of County Commissioners
Agenda Date: JUNE 8, 2004
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Agenda Item No. 90
June 8, 2004
1 of 12
-_. "<_.'w ,_...__,.~.......~~"
,- COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number 90
Item Summary Appointment or member to :he Parks and Recreation Advisory Board.
Meeting Date 6/8/20049:00:00,A,rv1
Prepared By
Sue Filson Executive Manager to tilE: Bee Date
80ard of County
Commissioners BCC Office 5/26/2004 1 :41 ::~1 PM
Approved By
James V. Mudd County Manage" Date
Board of County County Manager's Off":,,
Commissioners 5/27/20046:45 PM
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Agenda Item No. 90
June 8, 2004
2 of 12
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MEMORANDUM
'~i.JOr'" ,r; \ . ' I (........:
DATE: May 24, 2004
TO: Sue Filson, Administrative Assista'1t
Board of County Commissioners
FROM: Barbara Johnson, Senior Secretary ~.i'
Department of Parks and Recreation
RE: Parks and Recreation Advisory Board
At the regularly scheduled meeting of May 19.2004, the Parks and Recreation Advisory
Board recommended the selection of Timothy D. Toole to fill the vacancy created by
Charles McMahon's resignation.
The candidates were ranked as follows:
1. Timothy D. Toole
2. Connie D. Stegall-Fullmer
3. Joseph C. Overbeck
lfyou need any further information, please advise.
Agenda Item No. 90
June 8. 2004
3 of 12
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Parks and Recreation Advisory Board
Name Work Phone Appt'd Exp. Date Term
Home Phone DQleR~ 2ndExpDate 2nd Term
Mr. Ronald Brown 513-9273 01/14/03 12131/06 4 Years
] 63 Caribbean Road 566-8259
Naples, FL 34108
E-Mail:
District: 2
Catego'J:: Urban
Ms. Mary Ellen Rand 437-4601 10/26/99 12/31/01 2 Years
550] ]Oth Avenue, N. 514-3763 12/11101 12/31/05 4 Years
Naples, FL 34]08
E-Mail:
Dutrict: 2
CaJegory: Urban
,- Mr. John MacDougall 370-3304 10/22/02 12/31/03 1 Year
9809 Whitehall Street 598-4105 02/1 0/04 12/31/07 4 Years
,,--
Naples, FL 34109
E-Mail:
District: 2
OzJegory: Urban
Mr. John P. Ribes 261-4007 10/24/00 12131/03 3 Years
218 Woodshire Lane 02/10-04 12/31/07 4 Years
Naples,FL 34105
E-Mail:
District: 4
OzJegory: Urban
Mr. Frank Donohue 597-4575 OS/28/02 J 2131/02 7 months
5961 Westport Lane 353-8584 01/14/03 12131/06 4 Years
Naples, FL 34116
E-Mail:
District: 3
Category: Urban
~
.- Wetbrt!Sdtq, Feb1'rUU'1 J 1. ](JfJ4 Pagt 1 0{2
Agenda Item No. 90
June 8, 2004
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,,--- Parks and Recreation Advisory Board
Name W 01'1 Phone Appt'd Exp. Dote Term
H()IM Phone lJateR~ 2ndExpDate 2nd Term
Mr. Edward Olesky 05126/98 12/31/98 7 Months
600 1 Lake Tratfurd Road 657-2401 01114/03 12/31/06 4 Yrs.
Immokalee, FL 34142
E-Mail:
District: 5
Category: lmmokalee
Mr. Charles M. McMahon, Sr. 01/22/02 12/31105 4 Years
4416 27th Court, S.W. ~ ,J 353-2055
Naples, FL 34116 r(S'~r" A)~
E-Mail: --\'']-
District: 3
Category: Urban
This 7 member committ8e W8I created by Guidelinee established on 11125/75 and confinned by
Ord. No. 93-81 to advise the Boerd of County CommissiOners on BillY matters oonceming
acquisition. development =nt p'"",ama involving pam and recreation facilities in Collier
County. Membership consists d 1 member from the Imrnokalee Community Park District, and
6 members from the Naples and Urban Area Community Part District. Terms are 4 years.
FLSTAT
Staff: Marla Ramsey, Parks and Recreation Oirector: 353-0404
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Wednt!StUry, Fdruary 11, lO(U Page 2 of2
Agenda Item No. 90
June 8,2004
5 of 12
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~-" MEMORANDUM
DATE: Apri126, 2004
TO: Elections Office
Sue Filson, Executive Manager~'
FROM:
Board of County Commissioners
RE: V oter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for appointment
to one of the county's advisory conunittees. 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.
PARKS & RECREATION ADV BD CO.MMlSSION DISTRICT
Connie D. Stegall-Fullmer 0 u)
584 Coconut Avenue
Goodland, FL 34140 (4)
Timothy D. Toole r
1136 Lakeshore Place
Naples, FL 34103 eJ)
Joseph C. Overbeck t
8072 Tiger Lily Dr.
Naples, FL 34113
Thank you for your help.
< .
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Agenda Item No. 90
June 8, 2004
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MEMORANDUM
DATE: April 26, 2004
TO: Marla Ramsey, Parks and Recreation Director
FROM: Sue Filson. Executive Manag~ '
Board of County Commissione ·
RE: Parks and Recreation Advisory Board
As you know, we currently have one vacancy on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on ~ committee to submit a resume for
consideration. I have attached the resumes received for your review as follows:
Connie D. Stegall-Fullmer
584 Coconut Avenue
Goodland, FL 34140
Timothy D. Toole
1136 Lakesbore Place
Naples, FL 34103
Joseph C. Overbeck
8072 Tiger Lily Dr.
Naples, FL 34113
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 tbe applicants in areas of expertise. If you have any questions, please call me at
774-8097.
Thank you for your attention to this matter.
SF
Attachments
Agenda Item No. 90
June 8, 2004
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RESUME FOR PARKS AND RECREATION ADVISORY BOARD
Name: Connie D. Stegall-Fullmer
Home Address: 584 Coconut Ave, Goodland, Fl. 34140
Mailing: PO Box 263, Goodland, FI. 34140 Home Phone: 239 642-4932
Fax: 239.389.9173 Bus: 239.394.7699 email: aoodlandf1@aol.com
Business: Tourism Bureau of Goodland, Inc., dba VANTASTIC TOURS
1813 San Marco Road, Marco Island, 34145/ PO Box 1309 Marco Island, FI.
34146
Board AoDlied for: Parks and Recreation Advisory Board
Cateoorv: Business Owner
Registered Voter in Collier County: Yes
Do you currently hold public office? No
Do you now or have you ever served on a Collier County board or committee? No
Please list your community activities. Current--
Founding and Current Member of Marco Island Kiwanis Club (1993)
Served as Public Relations Director
Fund Raising-Pancake Breakfast 2 years
Adopt a Road Committee & Beach Cleanup Committee
Fourth of July Committee
Forum 1 of Marco Island-Women business owners association, 7 years
Served as Treasurer 2 years
Marco Island Chamber of Commerce
Marco Island Taxpayers Association
Marco Island Historical Society, member of task force for Marco Island Museum
Friends of the Fakahatchee Strand State Preserve
Member of Conservancy of SW Florida
Member of CERT team of Marco Island/Goodland
Member of Goodland Civic Association 6 years
Secretary of Goodland Civic Association 1998, 2000-2003
Treasurer of Goodland Civic Assoc. 1999-2002
Fund Raising Chairperson ofGCA 1998-2002
Membership Chairperson of GCA 1998-2003
_. Member of Goodland Gals, a non political social concern group
Founder, and President of Goodland Preservation Coalition, Inc. 200312004
Agenda Item No. 90
June 8, 2004
8 of 12
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Assisted in Coordination between Marco City and MPO for bike path along CR92A
into Goodland
Major participant in zoning overlay process for village of Goodland.
Familiar with processes related to Army Corp. of Engineers permit applications
Education:
1969 Associates Degree, Bus. Adm. Meramec Comm. College, Kirkwood, Mo.
Attended University of Missouri, St. Louis, Mo. Campus
1972 Bachelor of Science Degree, Business & Finance, Uncaln University,
Jefferson City, Mo.
Masters Work at University of Missouri, Columbia, Mo. Campus
1973- Numerous Continuing Education Courses-Business, Finance, Marketing
1985
1994 Florida State and IRS Tax Courses
2003 Florida Master Naturalist Graduate, University of Florida
Exoerience :
1973-1985 Kellwood Company, St. Louis Mo. Fortune 100 Company
Audit Department
Finance Specialist
Corporate Cash Manager
1987-1989 Co-Owner National Jewelry Distributorship, St Louis, Mo.
1989-1993 Controller, A 0 Watson Enterprises, Marco Island, FI
1993-2003 Owner, operator of Surepay, a business accounting and tax service.
2000- Vice President, Owner, Tourism Bureau of Goodland, Inc. dba
Vantastic Tours, an Eco Tourism Company, Specializing in
Everglades, Marco Island and Goodland
2002- Owner/Operator of Everglades Trading Company. a retail store on
Marco Island.
WhY would yOU like to serve on the Advisorv Board?
I would like to participate in the process relative to the design and implementation
of the Goodland Park and Boat Launch facility.
Agenda Item No. 90
June 8, 2004
9 of 12
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I have a working knowledge of the Collier County comprehensive plan and land
development code and believe that knowledge will be an asset to the discussions
regarding plans for future parks and recreational facilities in the county, and
modifications to existing facilities.
I have made many presentations before the County Commissioners over the past
six years. I have attended hundreds of hours of meetings at the Planning
Commission and County Commission level and I am familiar with the many
concerns set before them. I believe I would be a constructive, informative, and
knowledgeable component of the advisory board for the benefit of the
Commissioners.
I am familiar with the departments and staff of the Collier County Government.
I operate an eco tourism business, which introduces thousands of residents and
visitors, alike, to many areas of Collier County. In our business, we learn first
hand, the interests of those individuals and I believe that input would be beneficial
as a member of the advisory board.
As a tour operator, I participate in the programs created by the county Convention
and Visitors Bureau and have knowledge related to activities and administrative
...._~ practices for the public lands in Collier County, specifically, Rookery Bay,
Fakahatchee Strand. Big Cypress Preserve, the Collier Seminole State Park, and
Corkscrew Swamp Sanctuary. I would like to participate in discussions relative to
spending for county parks and recreation vs. advertising dollars spent by the CVB
benefiting activities in state and national public lands.
I follow the issues r~ated to population growth such as roadways, schools,
sewers, water supply, water recreation, parks, security, age distribution and
neighborhood issues to name a few.
It would be my honor to participate on the Parks and Recreation Advisory
Board and volunteer my time for the betterment of our community and our County.
Respectfully submitted.
Connie D. Stegall-Fullmer
.-
Agenda Item No. 9D
June 8, 2004
10 of 12
'.,.._~ ._...~.- ,~-- ---," "'~'----_.,..- ..-..--.--
Page 1 of 1
filson_s
From: AdvisoryBoards
Sent: Friday, April 09,2004 9:48 AM
To: filson_s
Subject: New On-flne Advisory Board Application Submitted.
~fi~ CoMntj' Board of County Commissioners ,.l-t].~.I:
------ ~--. '~-'....,,----- 3301 East Tamiami Trail
Naples, FL 34112 ~M'
Tel: (239) 774..3602 : ," ....' '. :";,/
Fax: (239)774-3602 '. ,. . ',l
~ '. . ~f .4,' 1 ....
April 09, 2004
Application for Advisory Committees./- Boards
Name: Timothy D. Toole Home Phone: 239-348-3481
Home Address: 1136 Lakeshore PIlIIce
City: Naples ~ Code: 34103
Fu Number: 239-643-S7 44 Business Phone: 239-643-1844
Emall Addnlss: tlm@napleslille.com
Board I Committw Applied for: Parks and Recreation Advisory Board
Category: (if appiicMHe) Urban category
Are you it registered voter in Collier County? Yes
Do you currently hotd public otlice? No
Do you now --. or have you -.ved on it Collier County board or No
........mittee?
Please list YO" community KIIvtties:
Board of Directors -Intown Club Condominium Aaociation: 1212003 - Pre_~ Quest
For KIds Mentor: 1999 - 2002 St. MattheW's House Furllraisrlg - Amual Golf Marathon
EducatkM1:
eol. of the Holy Cross - Bachelor of Arts - Economics: 1990
Expertence f Background:
Naples Title. Inc., President 2001 - Pruenl Midwnt TlIe Guantntee of Floridll: Escrow
Daprtment Manager. Director of Marketing: 1994 - 2001
Agenda Item No. 90
4/912004 June 8, 2004
11 of 12
Page 1 of 1
~-
filson_s
_~ti;T~"~Y Board of County Commissioners tl
3301 east Tamiami Trail <<~
Naples, FL 34112 .,..... , . ';
Tel: (239) n4-3602 . .. -.~
Fax: (239) 774-3602 ". .. . . .,
~"-iJ..1 ...
March 18, 2004
Application for Advisory Committees I Boards
N-.ne: JOSEPH C. OVERBECK Home Phone: 239-793-7339
Home Address: son TIGER LILY DR.
City: NAPLES Z1p Code: 34113
Fu Number: 239-793-4741 Business Phone: No information provided.
Emilil Address: JCOQCOMCAST.NET
.-. Board I C<lnmIttee Applied for: PARKS AND RECREATION
~.egory: (;t applicable) No information pro'Jided.
Are you a registe..... voler in CoII_ County? Yes
Do you currently hold public oftice? No
Do you now serw, or haw you _fWd on . Collier County boer'd or No
committee?
PIe.se fist your ccmmunity activities:
No Information provided.
Educ:8tIon :
BACHLER OF SCIENCE MllUKlN UNIVERSITY 1962 GRADUATE SCHOOl OF
BUSINESS STANFORD UNIVERSITY 1986
Experience I Background:
CEO/CHAIRMAN OF THE BOARD MOTORWHEEL CORP,- RETIRED CHAIRMAN Of
THE BOARD ALUMlTEC CORP. - RET1RED DIRECTOR BANK ONE - RETIRED
DIRECTOR CrTlZENS BANK - RETIRED DIRECTOR LANSING CHAMBER OF
CONMERECE - RETIRED PRESIDENT T1GER ISLAND ESTATES INC. VlCE-
PRESIDENT COlLIER MODEL AUERONAUTlC CLUB
.-
Agenda Item No. 90
3118/2004 June 8, 2004
12 of 12
..-,-- ,.. -~ ,-.- ._'.~._- .... "-.,.
.
~
..--- EXECUTIVE SU~ll\lARY
APPOINTMENT OF MEMBER(S) TO THE COLLiER COUNTY AIRPORT AUTHORITY
OBJECTIVE: To appoint I member to fulfill the remainder of a vacant term, expiring on
August to, 2005 to the Collier County Airport Authority.
CONSIDERA TIONS: The 7 member Airport Authority was created on June 22, 1993. by
Ordinance No. 93-36 and has the responsibility for the construction, improvement. equipment.
development, regulation, operation and maintenance of the airportS and airport facilities.
Members of the Authority shall be residents of Collier County with busmess abilIty and
experience in one or more fields which, by way of example, may include. but are 'not limited to,
general business, economic development. aviation. public affairs. law, finance. accounting.
engineering, natural resource conservation or other related fields. There shall be at least 1
member of the Authority appointed from each of the communities of Immokalee. Marco Island.
and Everglades City if a qualified candidate who resides within the respective area is uvailable
for appointment to the Authority. Nn person hnlding elected office at the Stale. County. O[
Municipal level shall be appointed to. or be a member of. the Authority. Members must file a
Form 1 Statement of financial Interests each year with the Supervisor of Elections. A list of the
current membership is included in the backup.
Mr. Bill West resigned on April 14,2004. A press release was issued and resumes were received
from the following interested citizen:
-
APPLlCA1,T CATEGORY DlST ELECTOR AD\'. CO!\ll\l.
Byron J. Meade I Business and Finance _.-1_~ _~~~n~__ ~
COMMITTEE RECOMMENDATIO~: Quasi-Judicial- no recommendation
FISCAL IMPACT: NOl\o"'E
GROWTH MANAGEME~T I1\fP ACT: NO?\E
RECOMMENDATION: That the Board of County CummisslOners cunsider the request for
appointment. appoint 1 member, and direct the County Attorney to prepare a resolution
confirming the appointment.
Prepared By: Sue Filson. Executive Yianagcr
Board of County Commissioners
Agenda Date: JU~E 8, 2004
.-
Agenda Item No. 9E
June 8, 2004
1 of 9
_'".,',- "" ~...."......,-..,~"..."-,,.,., ,-
~- COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number OJ:;:
"....
Item Summary Appojntrnent of mernrJer r.t; :.he (:oH~er County Airport. Authority.
Meeting Date 6/8/2004 9~OO:OO F,fv1
Prepared By
Sue FHson Executive ManagEr to t;le BGe Date
80ard of County
Com!':'1jssione~" SCG Office 5/11/2004 1 n:03:0S AM
Approved By
James V. Mudd County Manag€:" Oat;;:
Soan:! of Gounty County M3nilg8r'-s Off!!::?
Commisslofwrs 5/27!2004 6:32 PM
-
~_.o
Agenda Item No. 9E
June 8, 2004
2 of 9
~ -..---.-. ..^4H_'
COLLIER COUNTY AIRPORT AUTHORITY
2003 Mainsail Drive
Naples, Florida 34114
(239) 642-7878
Fax (239)394-3515
www.oollierairports.com I
or- C F,'" r::f"'"
",":;: ~,_ ~ t.,
\.~ it, \i .;. -)nf~ '..
. ( ~ .
I May 24, 2004 ., (-'.-'
I Sue Filson
Executive Manager
Board of County Commissioners
;
I
Re: Airport Authority Board Appointment
Dear Ms. Filson:
I have known Mr. Byron Meade for several years. He has enjoyed a successful career in
corporate finance v..-ith a strong business background. i
I worked with Mr. Meade on several community projects and found him to be dedicated I
towards support of our airports and has the knowledge, background in aviation including
experience as a licensed pilot. I can recommend Mr. Meade for an appointment to the I
Collier County Airport Authority Board without reservation.
Sincer7 '--' - .- ,
~/~~
~Cbmid'
. utive Director
.... Collier County Airport Authority
I
,
o Mar!:- ,3' -t'. Executive Airport o Immolcalee RegionIII Airpoirt ~ E=des~rj(
2OC! oJ.. "sail Drive 155 Airport Boulevard Agenda elY.b .B
Naples. Fl.. 341 14 lmmokalee, Fl.. 34120 Junl!seE.2~Road
(239) 394-3355 (239) 557.0003 EV9~.Fl 34139
(239)642.5427 Fax (239) 557.9191 Fax (239)
(239) 595-3558 Fax
I
,
-"
~
Airport Authority
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. Robert E. Doyle, Jr. 434-4954 11/23/99 08/10/03 4 Years
3201 70th Street, S.W. 263-0929 0911 0/03 0811 0/07 4 Years
Naples, FL 34105
E-Mail: red@quarles.com
District: 3
Category: LegaVEDC/Pilot
Mr. E. Raymond Rewis 695-4902 06/12/01 08/10/03 2 Years
P.O. Box 390 695-4270 09/10/03 08/10/07 4 Years
Chokoloskee, FL 34138
E-Mail:
District: 5
Category: A viationlEverglades City
-
Mr. Bill West re. s'1Y\ed "'0'-/ 254-7744 09/1110 I 08/10/05 4 Years
'c_ 5703 Drummond Way 4....'~ 51 ~941
Naples, FL 34119
E-Mail: wwest@southembank.net
District: 3
Category: BankingIU .S. Marine Corps Logistics Manager
Mr. Dennis P. Vasey 09/1 1/01 08/10/05 4 Years
4398 N Longshore Way 598-4326
Naples, FL 34119
E-Mail: dennisvasey@gulfaccess.net
District: 3
Category: Aviation logistics & airfield mgmt
VACANT 5.-1').-D'). 09/08/98 08/10/99
G eh~ x^ ~'.rJ1 wft 09114199 0811 0103
Naples. FL 1'.er7\~
E-Mail:
District:
Category:
17rllrsdilY. September 1 J, 2fJOJ Pagt: J of 2
.-
Agenda Item No. 9E
June 8, 2004
4 of 9
.~.,...;.,.,~-- ._.-........ ".,~.,,,.'" .......-- --...--....,. .' "-,,-~,",.,._----
.--------- -
~ Airport Authority
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. Stephen L. Price 657-3171 0811 0/93 08/1 0/97 4 Years
1400 N. 15th Street 657-1014 09111/01 08/10/05 4 Years
Immokalee, FL 34142
E-Mail:
District: 5
Category: Pilot/Businessman
Mr. James A. Peterka 76B~ 05/13/03 08/10/05 2 Years
1101 Edington Place 389-4262
Marco Island, FL 34145
E-Mail:
District: 1
Category: Public Affairs, General Business, Aviation
This 7 member authority was created on June 22.1993, by Ordinance No. 93-36. Members of
the Authority shall be residents of Collier County with business ability and experience in one or
-- more fields which. by way of example. may inctude. but are not limited to, general business.
economic development. aviation. public affairs. law. finance, accounting. engineering. natural
resource conservation or other nRted fields. There shall be at teast 1 member of the Authority
appointed from each of the communities of Immokatee. Marco lSand. and Everglades City if a
qualified candidate who resides within the respec;tive area is available for appointment to the
Authority. No penon holding elected offICe at the S1ate. County. or Municipal levef shall be
appointed to. or be a member of, the Authority. Members must file a Foon 1 Statement of
financial Interests each year with the Supervisor at Elections.
Tom Palmer. County Attorney n4-8400
Board meets 2nd Monday of each month
FL STA T 330 &. 333
Slilff: Gene Schmidt, Iterim Executive Oirector. Airport Authority: 642-7878
Thursday. September 11. 2003 Ptlge 2 012
Agenda Item No. 9E
June 8, 2004
50f9
MEMORANQUM
.-
DATE: May 17,2004
TO: Elections Office ;#:?
FROM: Sue Filson, Executive Manager . I
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 ofthe 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.
AIRPORT AUTHORITY COMMISSION DISTRICT
Byron 1. Meade ----- i
'//bffI 6-3 U'-'
~- 1303 Cobia Court
Naples, FL 34102
Thank you for your help.
R~CEIVED
M,\Y I 9 2004
~oard of Countf Com~1ss1oner$
. .'1:1 :~:'1, ,'. ;-..~',' ~l;~ ;-~'?;"\ dflS
SHOll~;:j' ',. -
Sr.,.
\.,l..
08 :0\ H\~ 2 \ i..\;t~ liUUl
-
Agenda Item No. 9E
June 8, 2004
60f9
^ ____._e'... a . ~ "'"-,,,.,..,.,.,~^..._,,,.~ ._..,~--.,,,,---~, ,_..._--".~-
. , MEMORANDUM
DATE: May 17, 2004
TO: Gene Schmidt, Executive Director
FROM: Sue Filson, Executive Manager 'J! ·
Board of County ComnnsSlOne '
RE: Airport Authority
As you know, we currently have 1 vacancy 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:
Byron 1. Meade
1303 Cobia Court
Naples, FL 34102
Since the Airport Authority is Quasi-Judicial, the Board of County Commissioners does not
accept recommendations from the Authority. 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 appli~ants 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. 9E
June 8, 2004
70f9
l ,
-
tloard (If County Commissioners .,,- ti
DO! l':lIsl Tnmiilmi Trnil
Naflk~. "'1. .'~I12 -.
-. ~IJ
(n')) 774-110~7 "\ I .. .
f'u: In9) 774-.\<102 .... ,,..-! j
- , . , 'I"
, ~ r. j
. . ,;r ~' 'I
Af)()licatiun for Advisory Committees/Boards
~;\ml:: Byron J. Meade HOOle PhODe': 239-775-0623
Hume Addrcs): 1303 Cobia Court Zip Colfl!: 34102
Fill No. 239-417-5771 nusinl:~!1 tJhollc:239-775-0623 c-mllU Qlhlrl!u: JMEADE6GOOrarlo 1 . com
D\I~inl:.....:_ Retired - ~. - - - . "---
BUlin! or Cummltlcc Appli~d for: Collier County Airport A\lt-hnrit-y
C~le"ory (it arpll\.uble):.
[\~n'Jllr: ( dllllltiHIOIl IJI'lri\:!. [lPV(t4'lpt....CJI"irO,HUrntlli.f, laW' 11\.'''1111, f'l(.
An )'0\1 ~ rq!i..tn"U yotrr in Collicr COIIOt)': YCI X ~f'
Do YUII ~urrct111y huld public om,,'! Ves :'-\0 X
If "', whn!1I III.! "Ifie,'" - .
1)0 YOll l1u..... \C'r'Vt. 0' nit",: you e...e-r sC"~cjl, on A Colli.r CVlllIl~ hnArd or rvmnllltee"! Yt1 Nn _.~M"
Ir~.,. ~I.ll~t lis! lilt \''''"lIIille~llbo..,.h: --
ap es Alrport NOlse Abatement CO!:ll;]i.ttee
,
:-e Plta~t 1t~1 YOllr \:llmmllllify nrlhdtif:~ (dvic dubs, nl:i~hhllrhoo<l iusudationJ, ("IC'. nnll pu\ilillo\
I held: President - Lorenzo Walker lnsti.tue of Tecrnn]ogy
Foundation, Roval Harbor Assoc;ar:ion, P.'I<;t- Hnt"~ry \jo'llb'iilr
fJUC';\lioll: B.S. - Purdue University
f \ IlfriCllC(": 43 years experience ln Corporate Finance.
"SEE RESUME'"
-
-
--
jJieu,\~ 1I1111,.1t ,m" ntltlir;n'lIJ1 j,~JU'''UII;rt,. .t'ttU .,,-,1 PI";"'",. 1 hI)" 4tPP#('u1r't'" fhnllld h, /,,,.,.,,,,,J..,lltJ r~.. Flh,Jff, F:.'t,.(..,,,il'~ M"""s:rr tu "f1"
0,,,,,,1 v/ {c."..ly C..",/U/.u;,m..". ,'Jill f!,,,, r,II"/'''", l'ruII, N""Il'" rt.. U II 1. 'J)"I/ ..I,h. ,,1t'ulr fa.~ )",H' ",.f1Ucu,,,,,, '" ('J 'J77~.,160J ~,
t~lIJulJ '" J'Udjfyll1.J;;-t'III1IL"JU'~" "t!f. lilt"" .""" /111 ~.(tJu"'''~''''J..r In ,",rvc' Iht' (ili/.I"'" ft( r'fll;~r (.CI""'.",
-e
Agenda Item No. 9E
June 8, 2004
8of9
..- h.~" ~,.,_.,,, ..-.---....- .,..- ~~".-" '-"_.'--"'~'."~ ....'--'-_.-
,
. .
Byron J. Meade, CLU
e 1303 Cobia Ct
Royal Harbor ,
Naples, FL 34101
239-775-0623
SUMMARY 01-' PROFESSIONAL & TECHNICAL EXPERIENCE
. Receiver of "The Collier COllnty Public Schools Outstanding Volunteer of
Tbe Year" 3l\ard for 2004.
. President & F'ounder of l.orenzo Worker Institute of Tecbnology Foundation
. Member of Society of Financial Service Professionals
. Owner & Founder of Meade Financial Group, Financial Consulting for
Estates and Corporations
. Member International Forum
. Financial CODsultant for tbe Experimental Aircnft Foundation
e . Past Chairman for tbe Tippecanoe County Young Republicans
. Licensed Pilut lor 50 years
OCCUPATION
Associated with New York Life for over forty years.
EDUCATION
Graduate of Purdue Univenity - West Lafayette, iN (1960)
Business MIDalemeat
REFERENCES
GeDe Schmidt, Collier Count Airport Authority
Dr. Fred Tattle, Direnor of CoOler County Work Foree EduelUon
Denise )hazik. AdmlDbtrator 01 Lorenzo Walker Inslltute of TeehnotolY
e
Agenda Item No. 9E
June 8, 2004
9 of 9
,-, RESOLUTION NO. 2004-_
A RESOLUTION SUPPORTING THE UNITED STATES LAW
TITLED "UNITING AND STRENGTHENING AMERICA BY
PROVIDING APPROPRIA TE TOOLS REQUIRED TO
L"'TERCEPT AND OBSTRCCT TERRORISM," COMMONLY
KNOWN AS THE USA PATRIOT ACT.
WHEREAS, the USA Patriot Act was created through hi-partisan action of the
United States Congress by overwhelming support, 98 for and I opposed in the United
States Senate and 357 and 66 opposed in the Cnited States House of Representatives on
Octo her 20. 2001; and
WHEREAS, thc CSA Patriot Act is recognized and spccifically constructeu as a
law enforcement tool to disrupt terrnr \)rganiations and prevent tenorist alla.:!,.s; and
WHEREAS, the CSA P~ltri()t Al't has dlcc'lilely l'l1l'uuragcu jaIl l'nt\)rl','lllent ~lt
.L1t levels to sh~u-c intelligencc and ad l'ullcdlvely tll preserve publiC ~ \ltl'icer safety;
and
WHEREAS. it has been repUrled tklt there ius \-1een nu finding c\f government
abu<;e or misuse or the USA Patriot Act; and
<,-~
WHEREAS, the International Asslll'iation of Chiefs llf Plllice, thc National
Sheritrs Association and the Flnrida Domestic Security Ovef'.;ight Board have endllrsed
the CSA Patriot Act.
NOW, TIIEREFORE. BE IT RESOI_VED TIIAT the BCJard "t CULl11lY
CUl11missioners lie CC111ier Cuunty, r:J'Jllda dull' ;Issernbkd and up'Jll1a\lI'ul Vllk S'.lPIJ<ll'h
the USA Patriot Act as it is currently constituted, urges Congress to renew its support by
renewing the Act. rejecting sun-selling of the Act and amending unly thuse parts that may
be found tlu'ough due process to be contrary to Constitutional consideration.
This Resolution adopted after motion, second, and majority vote favoring same
this Rth day of June, 2004.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Dwight E, Brock, CLERK COLUER COUNTY, FLORIDA
BY: BY:
DEPUTY CLERK Donna Fiala, CHAIRMAN
Approved as to form and legal ~ufficiency:
..-
David C. Weigel, COUNTY ATTORNEY Agenda Item No. 9F
June 8, 2004
Page 1 of 2
------.
,,,- COLLIER COUNTY
SOARD OF COUNTY COMMISSIONERS
Item Number 9F
Item Summary This item to be heard at 9:30 am. A resolution supporting the United States
Law titled "Uniting and Strengthening America By Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism," commonly known as the Patriot
/\ct. (Comrnissioner Coyle)
Meeting Oate 6/8/2004 9:00:00 /\~v1
Prepared By
?:~L;j;:~ Springs Ex,~cutiv0 Ai(j{; to U;o Bee D.at~
3(:'c:rd af COL:r:ty BeC Offire
S!2l2nG.:~ '11: 1'1: 35 !-:\.ry~
C (;~;':: :-:': i :;.~; v n:.j:'s
Approved By
Sue FHson Ex:?cutiv0 Ma'lClger to thi' Bee Date
308rd of County
- BGG Olfic~; 6/2/2004 1-1: 1 ~~ AM
Cmnmi;;;siOrH)1"s
Approved By
L~:o f.:. Ocr;,., J(, D:~p:~ly G()I.mty M;~!~;lner ihte
(-3;nrd d County
Cnmmissinners Caunty ManClger's OWe0 B!2!2004 3:35 PM
Approved By
David C. Weigel County Attorney Date
County Manager's Office County Attorney Off1ce 6/2120043:34 PM
"-
Agenda Item No. 9F
June 8, 2004
Page 2 of 2
..-- -----.-- -'.'~"
-'-
MEMORANDUM
DATE: June 2,2004
TO: Jim Mudd, County yfanager
FROM: Tom Henning
Commissioner, District 3
,..........~ SUBJECT: Advisory Board Volunteers
It occurred to me that we have an "Employee ofthe Month" and "Employee of the
Year" program at Collier County Government; however, we do not have any program
to highlight and honor the many volunteers that serve on the 50+ advisory boards.
I request that you place an item on the next available agenda for Board discussion to
create a program such as "Volunteer of the Month", "Volunteer of the Quarter", and/or
"Volunteer of the Year". Although a monetary gift would be welcome by the
volunteers, similar to the employee compensation, I don't think its necessary (perhaps
not even lawful) in this case. I just feel that it may be important for us to start
recognizing those who give of themselves to assist in improving the workings of county
government.
Your assistance and input would be greatly appreciated
Thank you.
, I
Tom Henning
Commissioner, District
- TH:mst
Agenda Item No. 9G
June 8, 2004 I
Page 1 of 2 I
I
w_"'___.....';~, j,..,c-"t','H'''''.'"_,-,,,' .'F'.'._._....,...c.,,','-.,
.- COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number gr-
. '-'
Item Summary Highlight and honor volunteers that serve on till:! 50+ advisory boards.
{Commissioner Henning}
Meeting Date 6/8/2004 9:00:00 A~J1
Approved By
Leo E. Ochs. Jr. Deputy CQunty Manager Date
3;):lrd of County
..... " County Mm,;:iqM's Office 6!2f20D4 3:25 PM
,.. ~)rr~rn~S.Sl~)n~~n;
-
.-
Agenda Item No. 9G
June 8, 2004
Page 2 of 2
'_.__.~----' -'---
,--
EXECUTIVE SUMMARY
Consideration of request by the Shelter for Abused Women to the Board of
County Commissioners to provide an annual contract and financial
assistance of $100,000 for FY 05.
OBJECTIVE: That the Board of County Commissioners consider a request by the
Shelter for Abused Women to provide an annual contract and financial assistance of
$100,000 to fund activities associated with the shelter's operation.
CONSIDERATION: Currently, the Shelter for Abused Women has an operating budget
of $2.7 million dollars. The Shelter's operating budget is from state and federal grants,
donations, and revenue from their thrift shop. They are currently seeking funding for 60
Collier County residents at a cost of $42 per day for 42 days. In a recent poll of county
government Human Services Departments in Florida, the majority (82%) reported
funding their local certified domestic violence shelter.
Furthermore, the poll revealed that funding provided to the local shelter's are based on an
overall approach local governments have made to wards funding not-far-profit
organizations that support Florida Statute 125.01 (1)( e) Powers and Duties of County
,- Government. Specifically, the language assodateJ. with this statute reflects:
"The legislative and governing body of a county shall have the power to carry on
county government. To the extent not inconsistent with general or special law, this
power includes, but is not restricted to, the power to: Provide hospitals, ambulance
service, and health and welfare programs."
This approach is developed from key criteria established through the respective county
governments that outline the unique characteristics of the community. Typical
approaches have included a citizen's review committee that reviews requests and makes
recommendations to the respective Board of County Commissioners, scoring criteria that
competitively ranks requests with higher scores for those not-for-profits that use funds to
secure state and federal funding for programs, and grants provided to local not-for-profits
that use the funds as matching dollars for other funding sources.
With over 300 not-for-profit organizations in Collier County there remains the potential
that many of these organizations may petition the Board of County Commissioners
requesting funding for FY 05. In fact, the Human Services Department Director has
received approximately (5) inquiries from respective social service agencies requesting
information on future funding of not-for-profits following this petition request. In
addition, while Florida Statute 125.01(1)(e) broadly defmes the responsibility of the
county government in providing for health and welfare programs, funding the request by
the Shelter for Abused Women is considered inconsistent with current Board of County
,- Commissioners FY 05 budget policy of not funding any non-mandated social service
agency. Funding of this request would be considered discretionary. Beyond the staff
Agenda Item No. 10A
June 8, 2004
1 of 3
'-_.,.,.-"".,. ,<~._,...,.......~.,."."..,..
,.--.,,-
concern of sheer volume that occurs, there remains the concern that public funding will
actually deter the Shelter's ability to raise private funds.
FISCAL IMPACT: Should the Board of County Commissioners determine that funding
for the Shelter for Abused Women is appropriate then the impact is $100,000 against the
General Fund Reserves (001).
GROWTH MANAGEMENT IMPACT: There is no direct impact on the Growth
Management Plan.
RECOMMENDATION: That the Board of County Commissioners delay any decision
on the Shelter for Abused Women until policies are reviewed during a workshop on non-
mandated social service agencies January 21, 2005.
.-
~_.....,
Agenda Item No. 10A
June 8, 2004
20f3
,-, COLLIER COUNTY
BOARD OF COUNTY COMMISSiONERS
Item Number lOA
Item Summary Consideration of request by thl:! Sheiter for Abused vVornen to the Board of
County Cornmissionersto provide an annual contract and financiai assistance
of $100,000 for FY 05. (Maria Ramsey, Interim Director, Public Services
Division)
Meeting Date 6/8/2004 9:00:00 .A'~\l1
Prepared By
B<:rry W~n~<Hl1S hJnn:~ S~;rvk:,~s U;:ect0: D~?t~~
i->ubiic Serv~ces Human Services till '1;2004 1 G:03:Q5 AM
Appro\cd By
Kflthy McLdrty-Cmpenter Executive Secretary Dati:)
Pubik S:~rv:c~;$ p:;bnc .s~~rv~cHsAdrn:~). 5/i3!2G04 2:17 PM
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Approved By
John DunmicK F'~;b1~c S:~rvjce~ Adrn~n~~(tr0t;.)r [);~rB
Pubiic Services Pubiic Serv;ces ,..'\dmin. 5/i9!2004 9:26 AM
Approved By
Pat L~;hnhard Adm;nistrativ0 Ass;st~nt ()~h;
County Manager'" Office CJffb" of t,1"ndgement & BUC!fiet 5/20/2GD4 3: -t {) pr~~
Approved By
Michael Smykcwski Management &. Budget Director Date
County M~mager<s Oftlc~ Oftlce of Manag0m~nt 8. Budget 5/26/2004 8~43 AM
Approved By
James V. Mudd COllof'l Manager Date
Bomd of County 5/26/20046:30 PM
Commissioners County Manager's Office
"".-"'.,
Agenda Item No. 10A
June 8, 2004
3 of 3
~--~- ~_..' .. ~"~~ _._-~ ",." ~-_.._.~ '-""'"-
..- EXECl.JTIYE SUMMARY
Recommendation to authorize the development of competitive procurement
documents for a Solid Waste Collections Contract.
OBJECTIVE: Reaffirm Board direction, previously provided on October 28, 2003, to
develop competitive procurement documents for a Solid Waste Collections Contract;
adoption of a set of Board approved "Enduring Guiding Principles" to be used as a
foundation for the procurement documents; approval of four collection options that will
determine collection costs of different levels of service; approval of three different
collection area scenarios (Franchise Districts) to optimize collection costs, level of
service and a best value contract; and, fmally, Board direction to continue utilizing the
real property tax bill to collect the annual solid waste special assessment.
CONSIDERATIONS: The Board adopted a Mandatory Trash Collection Ordinance
(Ordinance) in 1990. The Ordinance requires (curbside-pickup) residential trash
collection customers to pay the Board for both trash collection and trash disposal services
via the annual real property tax bill. The Ordinance, also, requires the Board to contract
with private haulers for the residential collection services and to pay, directly, the
respective disposal (tipping) fees at the landfill.
""'- Prior to the adoption of the Ordinance, the County had two franchise districts, wherein
the franchisees paid a franchise fce to the County for the exclusive right to provide
collection services in their franchise areas. There were franchise agreements between the
parties. Under these agreements, franchisee's billed for and collected their fees directly
from the homeowners. Non-paying homeowners did not receive the collection service.
Under this arrangement, litter and illegal dumping became a significant problem in the
County. The theory underlying the Ordinance was: "if the property owner is required to
make a mandatory payment, directly to the County for the service, then there would be no
reason to not use the service provided by the County". TItis theory proved to be valid and
litter/illegal dumping was significantly reduced. There is still some littering/illegal
dumping but the bulk of it is not from propcrty owncrs who arc required to make the
mandatory payments.
The mandatory trash collection process. imposed by the Ordinance, operated to take away
the rights of the two franchisees under the franchise agreements. To mitigate the taking,
the County offered to enter into contractual arrangements, as required in the Ordinance
with the two existing franchisees. The County waived competitive procurement
Contracts were awarded to the two existing franchise haulers, effective January 1, 1991,
for collection and hauling services under the Ordinance. There have been three
modifications to the contracts. Two of the modifications included extensions of time. The
original contract term was from January 1, 1991 to September 30, 1998.
The first modification to the contracts was for clarification of terms only.
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The second modification extended the term of the contracts to September 30, 2001. For
this extension, the County received: Agenda Item No. 108
June 8, 2004
1 of 26
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. The current cart program (roll-out containers were provided to all existing and
future curbside residential customers at no additional cost to the County); and
. A hold on contractually allowed Consumer Price Index increases until
September 30, 2001 in exchange for this extension.
The third modification extended the term of the contrdCts to September 30, 2006. The
County received certain benefits for this extension, which include the following:
. The provision of 5,000 recycling bins annually for curbside residential customers
at no additional cost to the County;
. A hold on contractually allowed Consumer Price Index increases until September
30, 2004;
. A significant expansion to the residential recycling program; and,
. A pilot program with recycling carts.
0 NOTE: The pilot program was conducted earlier this year. The results
indicate a strong preference for the carts instead of the bins. Lessons
learned from the pilot program have been incorporated into the
Collections Options attachment.
The existing Mandatory Trash Collection Ordinance and the two Franchisee Contracts
currently provide for "twice a week" unlimited (i.e. no limit on waste volume) trash
collection. In addition, the two Hauler Contracts award the exclusive right to provide
solid waste dumpster collection services for multi-family structures not using curbside
collection and to all commercial entities. Collier County sets the rates that can be charged
~~'- for dumpster service, compactor service, and for roll-off service by the contract haulers
except for construction and demolition sites, which are exempt.
The Board of County Commissioners has previously adopted an Integrated Solid Waste
Management Plan (Plan). One of the long-term goals of the Plan is the preparation of
competitive procurement documents that will lead to a collection contract(s) with
sufficient flexibility to incorporate future benefits from a single stream Materials
Recovery Facility.
Staff has worked over the past three months to develop a framework for the procurement
documents that is consistent with previous Board guidance and the Plan. As part of this
work, presentations have been made to several Homeowner Associations, Civic
Associations, the Collier County Productivity Committee, and the Zero Waste
Committee.
In addition, recent solid waste procurement processes in Sarasota, V olusia and Manatee
Counties have been reviewed. The recommendations presented below have been refined
based on community input and experiences in other Florida Counties. With further Board
direction and guidance today, as appropriate, staff will proceed with developing the
procurement documents, which will be brought back to the Board for approval prior to
issuance.
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Agenda Item No. 108
June 8, 2004
2 of 26
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Staff will make a brief presentation that includes: solid waste management trends at
national, regional and local levels~ integration with the Integrated Solid Waste
Management Plan~ project timeline; and, the "Enduring Guiding Principles."
The following three attachments are attached for Board review and consideration.
. A copy of the slide presentation that will be used for today's discussion~
. A copy of the collection options developed and recommended by staff~ and
. A survey memorandum of costs and service levels in other Florida Counties
compared to Collier County.
FISCAL IMPACT: There is no fiscal impact associated with this action today.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
associated with this action.
RECOMMENDATIONS: This executive summary requests five actions by the Board
of County Commissioners. They are:
1. Provide direction to begin the development of competili ve procuremenl
documents for a Municipal Solid Waste (MSW) Collections Contract(s). The
procurement documents will be brought to the Board for review in January 2005
before they are released to vendors;
".- 2. Adoption of the "Enduring Guiding Principles" discussed today. These principles
will be both the foundation and the working parameters used by staff in the
development of the procurement documents and in the resulting contract. The
guiding principles are summarized below:
. Asset Preservation: Manage thc solid wastc stream to preserve landfill
capaci ty.
. Level of Customer Scrvice: Definc the level of customer service through
RFP proposals for the four levels of service options presented in item 3
below.
. Environmental Protection: Comply with local, state and federal rules and
regulations.
. Best Value Service: Develop a best value service contract as outlined in
the attached charts.
3. Approval of the four service level options (as noted in the attached MSW
Collections RFP Mandatory Options Chart). Vendors will be required to provide
bids on each option as summarized below:
. Current service level.
. Current service level with enhanced recycling.
. Twice weekly container collection with enhanced recycling (no bagged
excess or overflow picked up).
. Once a week container collection with enhanced recycling (no bagged
excess or overflow picked up).
4. Approval of the three service area structures (Districts).
.'..-...,. 5. Provide direction to continue using the real property tax bill for the collection of
revenues using special assessments to fund municipal solid waste collection,
Agenda Item No.1 OB
June 8, 2004
3 of 26
processing and disposal services including trash, recyclables, white goods and
yard waste.
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Agenda Item No. 10B
June 8, 2004
4 of 26
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COLLIER COUNTY
- SOARD OF COUNTY CUNil.1iSSiONC::RS
Item Number 1C:B
Item Summary R0CGmrn~:nd<:!j.:x: 10 autho:"~::€~ thE~ de'iE~I.:;pm~~nt Df c(}rnpHt:tivB prOCUf€Hf:t:::nt
dO{~lJrnHnt:; for a :;.olid itJastH' ccJl~'~cticns CG:""!tracL {)jm DHL.Or.y, i..\dmini:)trator,
P"biiG Utilities Divisionl
Meeting Date 6/8/2004 9:00:00 A~/'
Prepared By
J'"hr: .A.. Y'-,nkf.':;;;"y U@ty Billing Direct'-,r D~t~
Public Utilities USGS 5!~1J2G{l41G:03:n5 AM
.\pproved By
':h::F-r.~S V';:d':3S O::.er~t;or~ s D::".::c~::::.?" D:::t€:
~':...:b~lC :....J"::i~;tie$ Pt.::-~.;ic Ut:;;;:zs G:::e:":-it:::,;-:s 5::{oO.;.:2U04 l';: ~s f'::'.i1
.\ pprllwd By
G. ::;~-:<;f90 y:::'(:....3Z ~)On~-j '/,/.:..-:":,t-: ~~ :~~:;',~:cr n;;~t:y:
~:::..:~-:;;c ~j:.~i::i8~~ ", ,-:. .,',' '-. ,', . ," ';-'~~~j!::C:j~~-~ ::;.~~.; .~.~~:
...... .-- ... .......
.\ppnned By
J:::f:~~, ;tv. Jf::.()(:y P~,,:~':;i{; U~H:~;~'~ A~:;:~~l:;S:Y,~:,(~:' D;,;.~(:
.- P;,,:~';lj{; U:,:~:~i~~ P;":~'::;{; U:.;;:~i>:~'~ .~\\.:;:~:l:::-'?:Y.~~~(;:~ ~:?;'27.::::'(::J..~ :). 25 :-;<~.....:
.\ppw\Cd By
P;H L.~:hnh\.~:"d !~\,;,..~:-;\ f~~ :.;:~ t,.;;: t; ~/.e l'\.~ ~;j.;2.':"~':[;:" Gi;~~e
C....~:J;-;t'/ r'l~;J(;age:'":s. OH;....:.e ()e~:..~.e (j; :\:.:-:.r;;,~~~f.;-;:~ef~:, 6. E?l..:~~'Jf;~ :~;'2':,iI.:(:G/t 3:52 P;,<1
.\ppwyed By
~-L3r.~V G:"€:~r:wa;.j \1; 2.r:~~<;: t:'~le:-:~":8\..;~'Jet .'~y, :t:Ys ~ 0~te
8'~;;:rc ::.f Co<<~ty
..~ ::':'~:;:-':' ~ :;'~ :::':,0<2:":5 C~j-f;('{~ (;.: :>;::f::-:~~';l.;':~~e':f:~ &. 8~:~.;9:.:~ :):';:~J20:J'~ ': <~6 p~<,:
\ppnned By
M:Gh.afd SnT{k:.....-....i:,X; i\.~.-~r.<<g~;.r~1t"=(:t &. (~:..~~-;gt"!~ Dirt-:~:~,:..::-:- D;::tt":
County M<l11,3gnr's OffOca Offica (sf ~iL;r.<l8<!r.;.-,r.t is. rh:,;g,,' S!2B!2i.Hl4 3: (l4 PM
Approved By
j~mas V. Ml;dd Cmmty Manager Oi.lte
a,~~H~ of COlmty
C!;n~r:1h~.$.~!;nf:rs County M::lrngEr"s Off,ce 5!28i2(Jl)4 4:1111 PM
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Agenda Item NO.1 08
June 8, 2004
5 of 26
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PubLc Ut!:lt!i:O~; DlVls:~)n 3
S\Tnerg\! \\Titl1. tIle ItltegratedSc)li(l
./ L.~
\~l aste J\1anagement Plan
.....:.;...-.:-..:-.:.:-:-:.;.,......:::::::::::::::::;:;:;:;:;:::::::?::::;::::::::.:..;..:-:.:-:.:.:-:.:.:-:.;.:.:.;.:-:.:':-:':':-:';':':-:':-:'.. ...:-..:-:-:.:.:.:.:.:.;.;.:.;.:-:.;.;.:-:.:-:....;.:..:-:-.:-:-.:.::-:',:",':.':-:'::-:-:-':':-:-.-:';-:":-:';':':-:':-:'.':';':':':':.:.;.:::::::.;::::::;:;:;:-:.:.............
./
5
Best V ~lllle Service: I)ev-elc)l) a Best
ue Ser\rice Contract
11
Best Value Service: [)cvelc)l) a 13cst
\l alrle Service (~(}ntract
Best Valu.c ScnTice: [)evelc)p a 13est
\l ahJe Service (~()11tract
collection districts considerations:
- l)issCll1ination of infoffi1ation
Public perception
13
Best V (;lllle Senl"ice: [)c\/elc)IJ a Best '\laltlc
Service (_~()lltract
- AlIo\v CLIst0t11CrS choice in setTlce
.,:., Solid \\'aste
<" Rcevding
. "
Best V ~lltle SenTice: I)evel()l) a Best \/ aI-ue
SCf\Tice C,()11tract
level considerations:
m I~equire c01l1parable standards for service providers as
C=ounty staff (c.g., cthics~ appearance, behavior, etc.)
PubLc Ut!iltH,,~ Divl~:Dn 15
ReC()n1n1e!lLi~lti()ns
the ..Board authorize staff to develop competi
solid \vaste collection con
thcTax Bill
Pubhc Utliihes Divis,on
MSW Collections RFP Mandatory Options
OPTION A OPTION B OPTION C OPTION D
(current service levelj (current service level (container collection only (container collection only
with enhanced recycling) with enhanced recycling) with enhanced recycling)
(1) '11 (2) (2)
X 2/week X 2/week X 2/week X 1/week
~ ~ ~ ~
Garbage not Garbage not No bags (except for holidays) No bags (except for holidays)
fitting in cart (unlimited) fitting in cart (unlimited) . Xl/week . Xl/week
. X 1/week . X lIweek
~ m" 10 b'g' . max 10 bundles . max 10 bundles . max 10 bundles
il' X 1/week X 1/week X 1/week X 1/week
LEGEND:
[I""" ""00 . ",," ""00 1&1 OM"""9' ~ YMd . 18 ,.'00
,Mb.,. co" .. ~ ,~,dio, '0" w, ,," . p w~. ",,,.., bio
1 cart provided, each additional $50-$55 Bundled yard waste 2 bins free, each additional $5
(1) = Options A & B, first roll out cart free; charge of $50-$55 for each additional roll out cart will apply.
(2) = Options C & D, additional cart subsaiption will increase the annual solid waste assessment fee,
. No plastic bags for yard waste; resident must bundle and/or use personal can and/or paper bag for options B, C, and D, Agenda Item No. 10B
. All options to include weekly bulk items collection, with all cardboard being recycled for options B, C. and D, June 8, 2004
22 of 26
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;~:- ..;. PROJECT
','
.:.: :~'. REIlr .. CONSULTING
':":::,..',,,:' .. :: )/\ MEMORANDUM
~ ~('!~-s:,!{.~ ~F ~:>'::"':::<l:"" ~nun~
To: John Y onkosky, Collier County Date: April 23, 2004
Copy: Stephen Schwarz, Red Oak Consulting
Rob French, Red Oak Consulting
From: Daniel Dietch, Red Oak Consulting
Re: Solid Waste Collections Cost and Level of Service Survey
Introduction
The County requested that Red Oak Consulting perform a State-wide survey of Counties to
ascertain their solid waste collections cost and level of service for single-family households
(Survey). Table I presents the infomlation requested as pa11 of the Survey.
Table 1: Residential Solid Waste Collections Cost and Level of Service Survey Categories
,,- Cate~ory Description
County The County surveyed.
Population Official 2000 estimates from the Florida Governor's office (rounded).
Households Served The number of single family households served.
Annual Household The annual collections cost per household, which is a portion of the
Collection Cost annual household assessment (rounded).
Annual Household The total annual amount that each household is assessed for solid waste
Assessment services (rounded).
Collection as a % of Annual The percentage of the total annual of the household assessment that is
Assessment the collection cost.
Disposal Method The disposal method for the residential waste (e.g., landfill, waste-to-
ener.gy, etc.).
Payment Method The form of payment (e.g., tax bill, water and sewer bill, hauler
invoice ).
Garbage Bin The size of the garbage bin and its collection frequency.
Size (gallons)
Collection Frequency
Recycling Bin The size of the recycling bin and its collection frequency.
Size (gallons)
Collection Frequency
Yard Trash The quantity :md frequency of yard trash collection.
Size
Collection Frequency
White Goods The frequency of white goods collection.
Collection Frequency
..'-- Recyclables Ownership The owner of the collecte~ recyclables.
Type of Collection The type of garbage collection vehicles (e.g., manual, semi-automated,
automated). ^ I~. ~ "I~ 01/"\0
June 8, 2004
23 of 26
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John Yonkosky, Collier County April 23, 2004
Page 2
On April 8, 2004, the results of the initial Survey were submitted to the County, which at that
time had information for 13 Counties. At the request of the County, the Survey was expanded to
include more counties in Florida. To date 37 counties were contacted as part of this survey.
Based on this survey population:
. Pertinent information was compiled from 24;
. 8 counties do not provide collection services: and
. Infom1ation was not available from another 5 counties.
The 8 counties that are not responsible for providing disposal services: are Citrus, Clay,
Columbia, Indian River, Marion, Pasco, Santa Rosa, and Sumter: while information was not
available from Brevard, Duval, Martin, Nassau and Pinellas counties.
Summary
The infom1ation compiled on the 24 counties is summarized in Attachment A. Based on our
review of the survey data, vve have made the follO\ving observations:
. As shown in Figure 1, both Collier County's annual assessment and annual collections
costs are the fifth lowest of the 24 counties analyzed. However, even though the
County's cost are relatively low, the County is one of the few to provide residential
customers with flexibility on the size of their garbage bins and collecting garbage twice a
week with no limitation on the quantity of garbage collected.
. 16 Counties offer twice a week and 8 counties offer once a week garbage collection.
. Alachua, Collier and Orange Counties collect white goods once a week, while most of the
other counties collect white goods on an as-needed basis.
. Only 5 counties (Alachua, Collier, Dade, Escambia, and Okaloosa) are using automated
collection. It should be noted that the use of automated collection in Florida is expected
to increase due to the potential increase in efficiency and decrease in injuries.
. Like Collier County, 12 other counties collect yard waste once a week.
. Like Collier County, the majority of the other counties issue the annual household
assessment in the tax bill.
Agenda Item No.1 OB
June 8, 2004
24 of 26
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John Yonkosky, Collier County April 23, 2004
Page 3
Figure 1: Comparison of Annual Collection Costs and Annual Assessments
5450
S.WO
S350
5'00 -
S2~O - -
5:00 - -
$]'0 ~_._- ~~. - f--
5100 ~ - - - - f--
-
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,:.;Y (."(;;; ::-,,, .~~ ~ ~
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II Annual HouseboldCollection Cost _ I ArulUal Assessment
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Agenda Item No.1 OB
June 8, 2004
25 of 26
_'___"M_~ '---"- -"~--"-' -' "---
,HT AClL'olENT A
Summary of Solid \Vute Collections CO!lt and Level orSerrice Provid~ by Selected. Florida Countit::!J
.\JlII..~1 (ollt'ClIflll ;,1\ (.;lrh"et' Kill Kt'(Hhlle 8m 'alii r-nnh \\hllt(.omi,
Uou\ttl<,I.h tlo<l"hulil \lIn..,,] "-,01 11I\IIOI'ill 1'''~lDrHI Hlnd.ahl.., hilt'",
Coullr" l'OPIlb.lloll "''''1''0 HI ("llnlmll Ifo"....hllhl -\IHIUOIl "In ~IDd' :\1t'lhud (oll,,'lIon (011.....1.011 ( ollrchon ( gllt-choll Ownt'nlup (uJlnllun
...'...."I1It'O,l 'lit' Il~AI . 'LLt'tf.li11 'u.
(0\,1 -\Hn.llnrnl .''"'IIIt'II("1'' .rr111lrnCy .rl'llut'nn, .t(,'plrtle,
~~~~~~~~~~~~~~~~
H~....a::.do In,OOO ~,OI)O ~L\ S8I :'-1A Landfill fax Bill ~5 :'wli: '" l'wlt ~'LQ 2"w1c On.::all Public ManU1J
~:=:~e ~ "~.'~'uO I l';l'ljl) ~~ Ii S I :'~ -, La::...-Ifill Wl:C & Sewe:' ~ -..." , )-....:: :--'1.J) 1......", 1 ~~ ~L\ :-OL-\
Bill ;~
"'{)i'~ia . ,','.{'O I ~".l:... pt U08 06:/, La:::.dfill , r:l:~ Bill ~ , I......, " l''\''ir. tiO Ib~ lwk Lr.:J. :~t[ F'-...bli.: ~lclual
Higila::& k:',..;IjO ~:')OO S ~g !I:.'J 1)0". Landfill TuBdl ~ , ' ~.\'ic )'1...Q f\':"'-'p-nIT nU Ib10 :'mLl. ::nLl P'~h.: ~:lCl~1
f'o~ ";~':',j00 ['-.JiJO $'" SU6 1)9". La.:l.dfill ruBlll >0 ":,w1c " ]....'L l ;''; "d~ ,....j( ~;'tjl P'..;.bli.: ~:a.::lt:.al
0<.,~olll. I-:,'J'JO 1 ~_:,,)OO SIIJ: SI.:....J. 71'1 La:l.dfill T~"(Bdl " :....-t: S-;':~ .'{o"t' 19) ....1...1) ':.....k: O::.:all :-;A ~:a.:::w.1
f".;".::WlI '0,':'00 ':iI,_:S3 '" SI..6 ;"9.-. LandfiU r~Bill 1"\",1: I' l:no :-'''l.Q [:no limo, PriVlU: ~!anU41
tb-g~ N6,1."jO )'""L~ :-;1.-\ SI.;.6 -'''1A l~dflll lU Bill :'0 :w:( :0 1 wic l:',;vd!, I......';c l'wA: P'_J)li.: ;-.:a.n'.1.ll.1
SL"'MOta ::6,iJOO I':J,'JOO s..:..z SI-=-9 :.g.,. Lar.d1LlI raxBil! '2 Iwic I' Iwk .:.Olb1o 1.......\1: O:l:II.J1 P'.:.bli.: ;-.1a::::.al
Samt Johw. 1:3,000 )'""L-\. SS5 Sl.:.9 :'70/. Landftll , Tax Bill ~lA I wi; 19 Iwk :-'1...Q l......'ic: 0:c':1I.11 f".;bli.: }..1w'.aJ
c:.a..'1ottcl 1';':,liOO :0,950 nz~ S15J. "9"". La:1dflll , ruBill "' :'''''J( " Iwk .;.('lb1o L'wk: On':1I.11 P:iV11re YAnual
$~nolc ~ _165,000 I)O,'JOO S1l2 SI56 72"'" LandfLlI 1 TuBil! ". lwic l' I 'WI: :'01\1, I......'k: 0:0.':11.11 P'..lblk ~:u.ual
Hilhbaroqh 999.000 :tl,OOO S&l Sl66 ..9"". \\.IE& I Tax Bill H 2 ~""J: :-.IlA I ",,'k <Olqth I,wi,( On':lI.11 P:.blic Y..ar.ual
lcdflll and 6" diL
ca., :1 LOGO ~ 7,~93 SilO SI81 6n. WIT I fuBil1 - _'''''J( -- l.....il:: :.1..Q , :'wj( ;)n.:all P:iVII.te: ~1a.r.ua.J
OalQ01oa t ~O, 000 :-'lA SI')O Sl82 :':". La:.dfill "":.:nerBiIl11 ,~ 6,9: :'.l,.il:: -- :,.....i;: ....1.Q : wi;: 2.wlr. Pri~tc A'...,omate:d
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I E.>.:::a..-nbm :9':,L'00 "'),000 S I ~7 S199 '9',. La:ldfiJ1 \I,:acer& $cwe::: 60-90 2w!l: :-"L.\ ....lA :-'L.Q I....." On:al1 )i'A Automau:d
Bill 1:
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t: I FY:004 A:::I:~ Hcr.l..>oold COUec:lO:l Cu~t I :uu.::.dcd'i t01 Culli.e: Cou:.~y nu '.;;:li:ni:ed g&rbll.g~ ,:-olk.:-:io~
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(J) Reprl!:~tAtive .:'O~t (Di$trict 4 - ::-I, Ft. ~1y~) ',12) fhis l.tlvoi.:e Ii l~ued by tile: ':-Ou:1ty'~ ~olld wu:.e d<e:puunl!:nl via Ue watQ and,ewe:r d<e:partmcnL
(5) ReprcioCltative .:'Oit (Dinrict 7 . Bo.:a Raton) "ilA - No lIlfo:mauoc. Available
(6) The:re are 4 diff:!'Clt typl!:1o of Uloeimlmnio, based on levd ohe:rvicc ($170, Sl~6, $15:, $l39). The :nonpopulaqS156) i10 provided above :'-lLQ - Not Li::rured by Q-..I.II..:ltity
(7) The County tw. approximately 601-,000 -Wlgle flUll.ily how.\!:holds. bu.t only 4&,000 n:,;eivl! .:-olll!:c'tion ~aviCG. :'-lA - Not applicable
Agenda Item NO.1 OB
June 8, 2004
26 of 26
..-.
EXECUTIVE SUMMARY
Recommendation to approve the attached Agreement For Sale And Purchase for acquisition
of the former Arthrex, Inc. building and expenses associated with its purchase, necessary
renovations, and relocation of Transportation Division offices from leased facilities at a total
cost not to exceed $6,309,000. (Norman Feder, Administration, Transportation Services
Division)
OBJECTIVE: To purchase a building and relocate Transportation Division offices from leased
facilities.
CONSIDERATIONS: The Transportation Di vision is currently leasing 23,631 square feet of
office space on South Horseshoe Drive. The space consists of three buildings under five separate
leases housing Transportation Administration. Transportation Right-of-Way, Transportation
Planning, Transportation Operations, and Stormwater Management. Several employees are already
doubling up in offices and individuals selected to fill eight approved opcn positions will have to do
the same. The main conference room is being used for file space and parking is an ongoing
problem. The Veterans Administration Clinic als\) located on site has 10 dedicated parking spots.
The dinic routinely requires a greater number of spots so the overt10w ends up using Transportation
designated spots. The computerized traffic signal system needs to be located in a more secure and
fortified room for emergency response operations. These work groups require at least 30,000
square feet of space, but under the County's Space Master Plan, Transportation is not scheduled to
-- relocate to facilities that better meet its needs until late 2007 when it is to move into the County-
owned building located at 2373 South Horseshoe Drive now housing the Sheriffs Crime
Investigation Division (SCID Building).
The former Arthrex Inc., building located at 2885 S. Horseshoe Drive, approximately one-quarter
mile east of Transportation's current offices and immediately south of the CDES building is on the
market for sale. This building contains approximately 35,000 square feet with 16,641 square feet of
office space and 15,907 square feet of warehouse area. The building sets on 2.65 acres and has 98
parking spaces. A few of the building's special features are the dedicated computer and phone
rooms. The computer room has a raised t100r and a security system with a halon system installed in
the event of fire. The warehouse has a sound proof room for the computerized signal system that
with a few modifications could be made hurricane safe. The warehouse area would also house the
signal shop, sign room and Traffic Operations' staff. The west side of the warehouse has a private
entryway for customers to access the ROW Permitting section - minor modifications will be
required. The building has three large <:onferem:e rooms; an employee lounge area, suffident rest
rooms, and enough tile storage area so that off-site storage will no longer be necessary.
Staff has been successful in negotiating the purchase of the Arthrex building from Heritage Square
Real Estate, L.L.c., the owner, for S5,950,000. Two independent real estate appraisers gave value
at $5,750,000 and $6,000,000. Associated closing costs, and costs of the appraisals and building
inspection will be approximately $32,425. The attached Agreement for Sale and Purchase provides
that should the County elect not to close the transaction for any reason, except for default by Seller.
the County will pay Seller $5,750 as liquidated damages. A professional building inspection
--, company has physically examined the building and found it to be generally in good condition with
the only immediate required repair being a surface crack on the buildings west exterior wall. The
owner is required to make this repair prior to closing. Staff's and the inspe~da Item No. 10C
June 8, 2004
Page 1 of 16
.---.... -...~.-..,_.~'..n..__'_._-_
.
.
EXECT.;TlVE SUMMARY
Arthrex building purchase
Page 2
company's examination of the site revealed no environmental irregularities. Facilities Management
has therefore waived the need for a formal environmental inspection. The Agreement has been
reviewed and approved by the Transportation Division, Facilities Management Department and the
County Attorney's Office. Because the purchase price is higher than the average of the two
appraisals, approval of the Agreement will require an affirmative vote of not less than four
members of the Board (supermajority vote).
The current layout up of the Arthrex building will fit Transportations needs with the following
minor changes.
S $ 5.000 for carpet cleaning, wall repairs and paint.
S $ 43,500 for purchase of 29 Herman Miller cubicles from Arthrex @ $1,500 per station.
S $ 5,000 for Office Pavilion to reconfigure office space for all Herman Miller items.
S $ 50,000 for purchase of additional cubicle parts if needed (allowance).
S $ 15.000 to enclose offices for Traffic Operations and ROW Permitting staff supervisors.
S $ 15,000 to carpet areas of the warehouse used for staff offices.
S $ 10,000 as a contingency for unforeseen expenses.
$143,500 Total
,.....-..,
In addition to the preceding, there will be costs associated with physically relocating people, files,
and equipment, and cancellation of one lease. to wit:
S $ 8,000 for moving Transportation staff, furniture and files.
S $ 50,000 to relocate the Computerized Traffic Signal System.
S $100,000 for computer and phone systems relocation.
S $ 24,900 to terminate Transportation Administration's lease.
$182.900 Total
The total costs for acquisition, renovations, moving, and lease termination will be approximately
$6,308,825.
The Arthrex building should meet Transportation's space needs for the next 20 years and the
building has a remaining useful life of not less than 35 years. There are also advantages in housing
the five work groups in one central location. Existing lease payments that would be required in FY
05 are summarized below:
Space FY 05 Cost
Transportation (existing space) $434,720
Utility Billing (relocation to industrial park) $141,703
Outside storage $5.000
Total $5g 1 ,423
:'IIote: It was assumed that Transportation would expand into the office space being vacated by the Utilities
_. Billing section.
Agenda Item No. 10C
June 8, 2004
Page 2 of 16
EXECUTIVE SUMMARY
Arthrex building purchase
Page 3
This building acquisition complies with the Board direction to the County Manager to relocate staff
from rental facilities. There is the added advantage in that debt service is only slightly higher than
the existing rental payments and that the County will begin building equity in an asset in an
appreciating real estate market.
FISCAL IMP ACT: The total costs for acquisition, renovations, moving, and lease termination
amounts to $6,308,825 as detailed below:
Item Amount Source of Funds
Building Acquisition/Closing Costs - $5,982.425 Commercial Paper Loan
RelocationlEquipment Costs - $301,500 Roads Fund (313)
Lcase Termination - $24,900 Transportation Administration (101)
Total $6,308,825
The $24,900 lease termination will be paid from the Transportation Administration operating
budget. The balance of miscellaneous costs (outlined on page 2) amounting to $301,500 will be
paid from the Roads CIP Fund (313). The balance of funding required ($5.982,425) will be
financed through a Commercial Paper loan. The loan repayment will be based on a 20-year
,-""~. amortization. Average annual debt service over the 20-year loan amounts to S501,705, which is
less than the annual rent expense discussed previously. Increased future rent expenses (CPI
adjustments) will also be avoided.
FY 05 debt service (assuming a 5% interest rate) amounts to $607,000. In FY 05, the budgeted rent
will be applied toward the debt service payment and any differential will be budgeted in the
Government Building impact fee fund. Staff is currently finalizing the FY 05 proposed budget.
Should sufficient capacity exist in the Government Building impact fee fund, the entire debt service
payment may be made from this source. Staff will also evaluate opportunities to secure fixed rate,
long-term bond financing for this building.
GROWTH MANAGEMENT IMPACT: This purchase is not inconsistent with the County's
Growth Management Plan or Master Space Plan.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the attached Agreement for Sale and Purchase, and Budget Amendment; and
2. Authorize Chairman Fiala to execute the Agreement and Budget Amendment on behalf
of the Board; and
3. Authorize staff to prepare related vouchers and Warrants for payment; and
,,-
Agenda Item No. 10C
June 8,2004
Page 3 of 16
-"
4. Direct staff to proceed to acquire the subject property, to follow all appropriate closing
procedures, to accept the deed(s), and to record the deed(s) and all necessary documents
(after approval by the County Attorney's Office) to obtain clear title to the property; and
5. Request the Board to waive formal competition to purchase work stations under
Purchasing Policy V (A) 3, and authorize staff to purchase the workstations from
Arthrex, Inc., and to complete building improvements, using three quotes from general
contractors currently under contract with the County.
6. Authorize staff to prepare a Commercial Paper loan resolution to be ratified by the
Board at the next Commission meeting.
.-
.-
Agenda Item No. 10C
June 8, 2004
Page 4 of 16
COLLIER COUNTY
,- SOARD OF COUNTY COMMISSIONERS
Item Number we
Item Summary RecGrr:rr.~:f1d(::i~):: to approvd the att.a~;hE:d r'\gH~~:fr::::f1t For S~3:::: ,l:Xnd Pun:h:3s:::
for acquisition of the former Arthmx, Inc, building and 0l(p!~r:ses a:)sociat~;d '....itti
its pi;fch8se, necessary renovations, and relocation of Transpcrtation D~visjor:
oftices from leased facilities at a total cost not to exceed $6,309.000. (Norman
Fader. ,'~dmjn:strator, Transportation Serdces Division)
Meeting Date 6ffl/2004 9:00:00 AM
Prepared By
Cir:;jy M, crb Senfar Property Acquisiti.:m Spe:cialist Date
Ad:r::f1:~3tfC3Hvi: Se-~ic~::$ Filciiities M"r.a;:j~m<;r1t 5:':1J20114 ~():C3:il5 AM
Appro\-ed By
No,"~ E. Fedr,r, AiCi" Tr~r~:,pl.-,rt;1t:r~r. wh{is~cn Admir:jstr3tnr D~tf~
Tran:,port~cn S~rv:r,~-::; Trzn:-;~'K,rt;1tir~r. S~rv!c~s Admin. :.;!2Sf20114 :>:39 PM
Appro\-ed By
Ch~de~ E. G;;:n'ir:~1t))r:~ Jr.. sr<.!
WA R.~aj Est}3te S€r.riCi:5 r./::::n~ge'f Date
..'\!jn~~n:~~t:'.ath/~ Sf::V$<;~$ F.<<I,,~:HH~~ :~1.an~~g~rnnnt ;:;i':/7.G()4 17.:21 PM
.-
Approved By
Sk:p Car:":p. C.F.M. F"ditill$ Mi.i1l3(j"H':'lf.il1t Oirlld:,'r D~t~
Adn~:n~-:;t:';Jt:Vf3 S~~yi).:;.::::; F\lditill$ Mi.i1l3(jllt':'lf.il1t 6f:J2GD4 1 ~ :03. .I~fy'
Approved By
Snafon Newm"r. Ace,:)ur:t:ng Si:pi::v~!:.cr Date
Tr:msportion Se:rvice:s Transportat;c.n Admini~tr"tion U!':!2()04 9:21 AM
.\pprowd By
pzt Lehnna,d Act,n:n!;;tntivf: A;;:.ist"nt uatf:
County Man"g,-,;-'s Offk~f: Offici': oi Mar.ag<l"~"r.t & t:!.t,,;gd t;H!2f.Hj~ :'!;2i P:\r'
Approved By
Midme! SrrlYi<.~~wsx; MM'agfli11efl( & B~ldget Oimct.,~r DatI':
C,~W1ty Manager's om,~e Office ,;1 MM'agf.ifllM( & Bl:dgl':t $111200,13:20 PM
Approved By
Leo E, Oche;. ,Ir. Deputy County Mar:\lgfH' Di.ite
a~~fd :")f CCtlnty
Commi:S$iol1er:s County Man"gf:r"S Offici': \,!2!2004 3:38 PM
-",
Agenda Item No, 10C
June 8, 2004
Page 5 of 16
----- __ _..O.e'_ - -,.- -~_._-
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between HERITAGE SQUARE
REAL ESTATE LLC, a Florida limited liability company, whose address is 540 Inlet
Drive, Marco Island, FL 34145-5937, (hereinafter referred to as "Seller"), and Collier
County, a political subdivision of the State of Florida, whose address is 3301 Tamiami
Trail East, Naples, FL 34112, (hereinafter referred to as "Purchaser").
WITNESSETH
WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter
referred to as "Property"), located in Collier County, State of Florida, and being more
particularly described in Exhibit "A", attached hereto and made a part hereof by
reference.
WHEREAS, Purchaser is desirous of purchasing the Property, subject to the
conditions and other agreements hereinafter set forth, and Seller is agreeable to such
sale and to such conditions and agreements,
NOW, THEREFORE, and for and in consideration of the premises and the respective
undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10,00), the
receipt and sufficiency of which is hereby acknowledged, it is agreed as follows:
I. AGREEMENT
1.01 In consideration of tf-Je purchase price and upon the terms and conditions
hereinafter set forth, Se, shall sell to Purchaser and Purchaser shall purchase
from Seller the Proper;!, described in Exhibit "A", together with all rights,
privileges. hereditaments, and appurtenances pertaining to the land and all
buildings. structures and other improvements now and hereafter situated upon the
land.
II. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be Five
Million Nine Hundred Fifty Thousand Dollars ($5,950,000.00), (U,S. Currency)
payable at time of closing.
III. CLOSING
3.01 The ClOSing (THE "CLOSING DATE", "DATE OF CLOSING", OR
"CLOSING") of the transaction shall be held on or before sixty (60) days following
execution of this Agreement by the Purchaser but not later than August 31, 2004,
unless extended by mutual written agreement of the parties hereto or unless more
time is required for Seller to conveyor clear title per Section 3.011. The Closing
shall be held at the Collier County Attorney's Office, Administration Building, 3301
Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in
connection with the Closing shall be as follows:
3,011 Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to
applicable title standards adopted by the Florida Bar and in accordance with
Florida law. At the Closing, the Seller shall cause to be delivered to the
Purchaser the items specified herein and the following documents and
instruments duly executed and acknowledged, in recordable form:
3.0111 Warranty Deed in favor of Purchaser conveying title to the
Property. free and clear of all liens, assessments and encumbrances
other than: Agenda Item No. 10C
June 8, 2004
Page 6 of 16
,
.
.- (a) The lien for current taxes
(b) Such other easements. restrictions or conditions of record.
3.0112 Combined Purchaser-Seller closing statement
3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as
required by Section 1445 of the Internal Revenue Code and as required
by the title insurance underwriter in order to insure the "gap" and issue
the policy contemplated by the title insurance commitment.
3.0114 A W-9 Form, "Request for Taxpayer Identification and
Certification" as required by the Internal Revenue Service.
3.0115 Such evidence of authority and capacity of Seller and its
representatives to execute, acknowledge and deliver this Agreement,
and all other documents as may be required to consummate the
transaction contemplated hereby, as Purchaser's counsel and/or
Purchaser's title company may reasonably determine.
3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to
the Seller the following:
3.0121 A negotiable instrument (County Warrant) in an amount equal to
the Purchase Price, No funds shall be disbursed to Seller until the
Purchaser verifies that the state of the title to the Property has not
changed adversely since the date of the last endorsement to the title
commitment secured on the property, and the title company is
irrevocably committed to issue the title policy, referenced in Section
,..,- 4.011 thereto,
3.0122 Funds payable to the Seller representing the cash payment due
at Closing in accordance with Article III hereof, shall be subject to
adjustment for prorations as hereinafter set forth.
3.02 Each party shall be responsible for payment of its own attorney's fees. Seller,
at its sole cost and expense, shall pay at Closing all documentary stamp taxes due
relating to the recording of the Warranty Deed. in accordance with Chapter 201.01,
Florida Statutes, and the cost of recording any instruments necessary to clear
Seller's title to the Property, The cost of the Owner's Form B Title Policy, issued
pursuant to the Commitment provided for in Section 4.011 below, shall be paid by
Purchaser. The cost of the title commitment shall also be paid by Purchaser.
3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real
Property taxes shall be prorated based on the current year's tax with due
allowance made for maximum allowable discount, and any applicable exemptions.
If Closing occurs at a date which the current year's millage is not fixed, taxes will
be prorated based upon such prior year's millage, All assessments, charges and
association fees will be paid by Seller,
IV, REQUIREMENTS AND CONDITIONS
4.01 Upon execution of this Agreement by both parties or at such other time as
specified within this Article, Purchaser and/or Seller, as the case may be, shall
perform the following within the times stated, which shall be conditions precedent
to the Closing;
4,011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as
- evidence of title an AL T A Commitment for an Owner's Title Insurance Policy
(ALTA Form 8-1970) covering the Property, together with hard copies of all
exceptions shown thereon. Purchaser shall have thirty (30) days, following
receipt of the title insurance commitment, to notify Seller inA'tf~V1BcJlflt'Effi1 NO.1 OC
June 8, 2004
Page 7 of 16
- -'- ,_. --,~" ~'""_. >----
objection to title other than liens evidencing monetary obligations, if any,
which obligations shall be paid at closing. If the title commitment contains
exceptions that make the title unmarketable, Purchaser shall deliver to the
Seller written notice of its intention to waive the applicable contingencies or to
terminate this Agreement.
4.012 If Purchaser shall fail to advise the Seller in writing of any such
objections in Seller's title in the manner herein required by this Agreement, the
title shall be deemed acceptable. Upon notification of Purchaser's objection to
title, Seller shall have thirty (30) days to remedy any defects in order to convey
good and marketable title, except for liens or monetary obligations which will
be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to
make such title good and marketable. In the event Seller is unable to cure said
objections within said time period, Purchaser, by providing written notice to
Seller within seven (7) days after expiration of said thirty (30) day period, may
accept title as it then is, waiving any objection; or Purchaser may terminate the
Agreement. A failure by Purchaser to give such written notice of termination
within the time period provided herein shall be deemed an election by
Purchaser to accept the exceptions to title as shown in the title commitment.
4.013 Purchaser shall have the option, at its own expense, to obtain a current
sUNey of the Property prepared by a sUNeyor licensed by the State of Florida,
No adjustments to the Purchase Price shall be made based upon any change
to the total acreage referenced in Exhibit "A", if any. Seller agrees to furnish
any existing sUNeys of the Property, if any, to Purchaser within thirty (30) days
of execution of this Agreement.
V, INSPECTION PERIOD
5.01 Purchaser shail have sixty (60) days from the date of this Agreement,
("Inspection Period"), to determine through appropriate investigation that:
1, There are no abnormal drainage or environmental requirements to the
development of the Property.
2, The Property is in compliance with all applicable State and Federal
environmental laws and the Property is free from any pollution or
contamination.
3. The Property can be utilized for its intended purpose.
4. All structures and improvements on the property are sound, and all
systems, fixtures and appliances are in good and safe operating condition,
5. The Property is free of any termite or insect infestation or damage.
5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of
any investigation, Purchaser shall deliver to Seller prior to the expiration of the
Inspection Period, written notice of its intention to waive the applicable
contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller
in writing of its specific objections as provided herein within the Inspection Period,
it shall be deemed that the Purchaser is satisfied with the results of its
investigations and the contingencies of this Article VI shall be deemed waived. In
the event Purchaser elects to terminate this Agreement because of the right of
inspection, Purchaser shall deliver to Seller copies of all engineering reports and
environmental and soil testing results commissioned by Purchaser with respect to
the Property.
5.03 Purchaser and its agents, employees and servants shall, at their own risk and
expense, have the right to go upon the Property for the purpose of surveying,
inspecting the premises and conducting site analyses, and all o)\1geAffir~f@fV1 No. 10C
June 8, 2004
3 Page 8 of 16
- investigation. Purchaser shall, in performing such tests, use due care and shall be
responsible for any loss or damages occasioned thereby. Seller shall be notified
by Purchaser no less than twenty four (24) hours prior to said inspection of the
Property.
5.04 Notwithstanding the foregoing, Purchaser has completed a preliminary
inspection of the property and closing on this transaction is contingent upon Seller,
to the satisfaction of the Purchaser, repairing the surface fracture on the exterior
wall on the west side of the building.
VI. INSPECTION
6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have
the right to inspect the Property at any time prior to the Closing.
VII. POSSESSION AND DELIVERY
7,01 Purchaser shall be entitled to full possession of the Property at Closing,
7.02 Seller agrees to deliver the premises in a clean condition with all structures,
air-conditioning and heating systems. appliances and all other improvements
and/or fixtures in a good working condition at Closing.
VIII. PRORATIONS
8.01 Ad valorem taxes next due and payable, after closing on the Property, shall
be prorated at Closing based upon the gross amount of 2003 taxes. and shall be
paid by Seller.
.,'- IX. TERMINATION AND REMEDIES
9.01 If Seller shall have failed to perform any of the covenants and/or agreements
contained herein which are to be performed by Seller, within ten (10) days of
written notification of such failure, Purchaser may, at its option, terminate this
Agreement by giving written notice of termination to Seller. Purchaser shall have
the right to seek and enforce all rights and remedies available at law or in equity to
a contract vendee, including the right to seek specific performance of this
Agreement.
9.02 If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails to close the
transaction contemplated hereby or otherwise fails to perform any of the terms,
covenants and conditions of this Agreement as required on the part of Purchaser
to be performed, provided Seller is not in default, then as Seller's sole remedy,
Seller shall have the right to terminate and cancel this Agreement by giving written
notice thereof to Purchaser, whereupon one-tenth percent (.1 %) of the purchase
price shall be paid to Seller as liquidated damages which shall be Seller's sole and
exclusive remedy, and neither party shall have any further liability or obligation to
the other except as set forth in paragraph 12.01, (Real Estate Brokers), hereof.
The parties acknowledge and agree that Seller's actual damages in the event of
Purchaser's default are uncertain in amount and difficult to ascertain, and that said
amount of liquidated damages was reasonably determined by mutual agreement
between the parties, and said sum was not intended to be a penalty in nature.
9,03 The parties acknowledge that the remedies described herein and in the other
provisions of this Agreement provide mutually satisfactory and sufficient remedies
to each of the parties, and take into account the peculiar risks and expenses of
each of the parties.
-
Agenda Item NO.1 OC
June 8, 2004
4 Page 9 of 16
--- ,-"-... - -'''..-.~ n~_'..__..._._ ~,~.-_. -."-
X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
10,01 Seller and Purchaser represent and warrant the following:
10.011 Seller and Purchaser have full right and authority to enter into and to
execute this Agreement and to undertake all actions and to perform all tasks
required of each hereunder. Seller is not presently the subject of a pending,
threatened or contemplated bankruptcy proceeding.
10.012 Seller has full right, power, and authority to own and operate the
Property, and to execute, deliver, and perform its obligations under this
Agreement and the instruments executed in connection herewith, and to
consummate the transaction contemplated hereby. All necessary
authorizations and approvals have been obtained authorizing Seller and
Purchaser to execute and consummate the transaction contemplated hereby.
At Closing, certified copies of such approvals shall be delivered to Purchaser
and/or Seller, if necessary.
10.013 The warranties set forth in this paragraph shall be true on the date of
this Agreement and as of the date of Closing and shall survive the Closing and
are not deemed satisfied by conveyance of title. Purchaser's acceptance of a
deed to the said Property shall not be deemed to be full performance and
discharge of every agreement and obligation on the part of the Seller to be
performed pursuant to the provisions of this Agreement.
10,014 Seller represents that it has no knowledge of any actions, suits, claims,
proceedings, litigation or investigations pending or threatened against Seller, at
law, equity or in arbitration before or by any federal, state, municipal or other
governmental instrumentality that relate to this agreement or any other
property that could, if continued, adversely affect Seller's ability to sell the
Property to Purchaser according to the terms of this Agreement.
10.015 No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof,
10.016 Until the date fixed for Closing, so long as this Agreement remains in
force and effect, Seller shall not encumber or convey any portion of the
Property or any rights therein. nor enter into any agreements granting any
person or entity any rights with respect to the Property or any part thereof,
without first obtaining the wntten consent of Purchaser to such conveyance.
encumbrance, or agreement which consent may be withheld by Purchaser for
any reason whatsoever.
10.017 Seller represents that there are no incinerators, septic tanks or
cesspools on the Property; all waste, if any, is discharged into a public sanitary
sewer system; Seller represents that they have (it has) no knowledge that any
pollutants are or have been discharged from the Property, directly or indirectly
into any body of water. Seller represents the Property has not been used for
the production, handling, storage, transportation, manufacture or disposal of
hazardous or toxic substances or wastes, as such terms are defined in
applicable laws and regulations, or any other activity that would have toxic
results, and no such hazardous or toxic substances are currently used in
connection with the operation of the Property, and there is no proceeding or
inquiry by any authority with respect thereto. Seller represents that they have
(it has) no knowledge that there is ground water contamination on the Property
or potential of ground water contamination from neighboring properties. Seller
represents no storage tanks for gasoline or any other substances are or were
located on the Property at any time during or prior to Seller's ownership
thereof. Seller represents none of the Property has been used as a sanitary
landfill.
Agenda Item No. 10C
June 8, 2004
5 Page 10 of 16
-. 10.018 Seller has no knowledge that the Property and Seller's operations
concerning the Property are in violation of any applicable Federal, State or
local statute, law or regulation, or of any notice from any governmental body
has been served upon Seller claiming any violation of any law, ordinance, code
or regulation or requiring or calling attention to the need for any work, repairs,
construction, alterations or installation on or in connection with the Property in
order to comply with any laws, ordinances, codes or regulation with which
Seller has not complied.
10.019 There are no unrecorded restrictions, easements or rights of way (other
than existing zoning regulations) that restrict or affect the use of the Property,
and there are no maintenance, construction, advertising, management,
leasing, employment, service or other contracts affecting the Property.
10.020 Seller has no knowledge that there are any suits, actions or arbitration,
bond issuances or proposals therefor, proposals for public improvement
assessments, pay-back agreements, paving agreements, road expansion or
improvement agreements, utility moratoriums, use moratoriums, improvement
moratoriums, administrative or other proceedings or governmental
investigations or requirements, formal or informal, existing or pending or
threatened which affects the Property or which adversely affects Seller's ability
to perform hereunder; nor is there any other charge or expense upon or related
to the Property which has not been disclosed to Purchaser in writing prior to
the effective date of this Agreement.
10.021 Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seller's representations stated above and on the
understanding that Seller will not cause the zoning or physical condition of the
Property to change from its existing state on the effective date of this
.,- Agreement up to and including the Date of Closing. Therefore, Seller agrees
not to eneer into any contracts or agreements pertaining to or affecting the
Property and not to do any act or omit to perform any act which would change
the zoning or physical condition of the Property or the governmental
ordinances or laws governing same. Seller also agrees to notify Purchaser
promptly of any change in the facts contained in the foregoing representations
and of any notice or proposed change in the zoning, or any other action or
notice, that may be proposed or promulgated by any third parties or any
governmental authorities having jurisdiction of the development of the property
which may restrict or change any other condition of the Property.
10.022 At the Closing, Seller shall deliver to Purchaser a statement
(hereinafter called the "Closing Representative Statement") reasserting the
foregoing representations as of the Date of Closing, which provisions shall
survive the Closing.
10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend
and hold Purchaser harmless from any and all costs (including attorney's fees)
asserted against, imposed on or incurred by Purchaser, directly or indirectly,
pursuant to or in connection with the application of any federal, state, local or
common law relating to pollution or protection of the environment which shall
be in accordance with, but not limited to, the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601,
et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the
Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including
any amendments or successor in function to these acts. This provision and
the rights of Purchaser, hereunder, shall survive Closing and are not deemed
satisfied by conveyance of title.
,.- 10.024 Any loss and/or damage to the Property between the date of this
Agreement and the date of Closing shall be Seller's sole risk and expense.
XI. NOTICES Agenda Item No. 10C
June 8, 2004
6 Page 11 of 16
-~---~ -,y---- ~....-- -~,. _".__,_M
11.01 Any notice, request, demand. instruction or other communication to be
given to either party hereunder shall be in writing, sent by facsimile with
automated confirmation of receipt, or by registered, or certified mail. return receipt
requested, postage prepaid, addressed as follows:
If to Purchaser: Real Estate Services
Administration Building - 4th Floor
3301 Tamiami Trail East
Naples. Florida 34112
Telephone number: 239-774-8991
Fax number: 239-774-8876
With a copy to: Ellen 1. Chadwell
Assistant County Attorney
Office of the County Attorney
Administration Building
3301 Tamiami Trail East
Naples. Florida 34112
Telephone number: 239-774-8400
Fax number: 239-774-0225
If to Seller: Josef Magdalener. Manager
Heritage Square Real Estate LLC
540 Inlet Drive
Marco Island. FL 34145-5937
Telephone number 239-642-4110
Fax number: 239-642-2246
With a copy to: Attorney William G, Morris
247 North Collier Boulevard
Marco Island. FL 34145
Telephone number: 239-642-6020
Fax number:
With a copy to: Mary S. Willkomm, Broker
2081 Tamaimi Trail North
Naples. FL 34102
Telephone number: 239-649-0002
Fax number: 239-649-8269
11.02 The addresses and numbers for the purpose of this Article may be changed
by either party by giving written notice of such change to the other party in the
manner provided herein, For the purpose of changing such addresses or
addressees only, unless and until such written notice is received, the last
addressee and respective address stated herein shall be deemed to continue in
effect for all purposes,
XII. REAL ESTATE BROKERS
12,01 Any and all brokerage commissions or fees shall be the sole responsibility
of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from
and against any claim or liability for commission or fees to any broker or any other
person or party claiming to have been engaged by Seller as a real estate broker,
salesman or representative, in connection with this Agreement. Seller agrees to
pay any and all commissions or fees at closing pursuant to the terms of a separate
agreement, if any.
12,02 Seller represents that the Real Estate Brokers representing the transaction
are Charde Group, Inc., and Perfect Properties of Naples, Inc.
XIII. MISCELLANEOUS Agenda Item No. 10C
June 8, 2004
7 Page 12 of 16
,
.-,
13.01 This Agreement may be executed in any manner of counterparts which
together shall constitute the agreement of the parties.
13.02 This Agreement and the terms and provisions hereof shall be effective as of
the date this Agreement is executed by both parties and shall inure to the benefit
of and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustee, and assignees
whenever the context so requires or admits.
13.03 Any amendment to this Agreement shail not bind any of the parties hereof
unless such amendment is in writing and executed and dated by Purchaser and
Seller. Any amendment to this Agreement shall be binding upon Purchaser and
Seller as soon as it has been executed by both parties,
13,04 Captions and section headings contained in this Agreement are for
convenience and reference only: in no way do they define, describe, extend or
limit the scope or intent of this Agreement or any provisions hereof,
13.05 All terms and words used in this Agreement, regardless of the number and
gender in which used. shall be deemed to include any other gender or number as
the context or the use thereof may require.
1306 No waiver of any provision of this Agreement shall be effective unless it is in
writing signed by the party against whom it is asserted, and any waiver of any
provision of this Agreement shall be applicable only to the specific instance to
which it is related and shall not be deemed to be a continuing or future waiver as
to such provision or a waiver as to any other provision,
- 13,07 If any date specified in this Agreement falls on a Saturday, Sunday or legal
holiday, then the date to which such reference is made shall be extended to the
next succeeding business day,
13,08 Seller is aware of and understands that the "offer" to purchase represented
by this Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida, by an extraordinary vote.
13.09 If the Seller holds the Property in the form of a partnership, limited
partnership, corporation. trust or any form of representative capacity whatsoever
for others, Seller shall make a written public disclosure, according to Chapter 286,
Florida Statutes, under oath, of the name and address of every person having a
beneficial interest in the Property befcre Property held in such capacity is
conveyed to Collier County. (If the corporation is registered with the Federal
Securities Exchange Commission or registered pursuant to Chapter 517, Florida
Statutes, whose stock is for sale to the general public, it is hereby exempt from the
provisions of Chapter 286, Florida Statutes.)
13.10 This Agreement is governed and construed in accordance with the laws of
the State of Florida.
13.11 This Agreement will be effective as of the date of Purchaser's execution of
this Agreement.
XIV. ENTIRE AGREEMENT
14,01 This Agreement and the exhibits attached hereto contain the entire
agreement between the parties, and no promise, representation, warranty or
covenant not included in this Agreement or any such referenced agreements has
-,--- been or is being relied upon by either party. No modification or amendment of this
Agreement shall be of any force or effect unless made in writing and executed
Agenda Item No. 10C
June 8, 2004
8 Page 13 of 16
~_. ... ---- ~.^_.. ,
,
a.nd dated by boolh PLJrCha$~H and Sellar. Time is of the essence of thjs
Agreltment.
IN WITNESS WHEREOF, tho partie50 tlt!r~to set forth their hands seals.
Dated ProJecVAcquisition Approl(6d byeCe ,-
AS TO PURCHASER;
DATED:
ATTEST: BOARD OF COUNT?' COMMISSIONERS
OW I G HT E. BROe K. Clerk COLLIER COUNTY, FLORIDA
BY:
, Dapuly Clerk DONNA i=IALA, CHAIRMAN
,A,S TO SELLER:
DATED (Y1Q 1 tj LtJDLf
WITN ESSES:
~f'~ U2~ HERITAGE SQUARE REAL ESTATE, LlC.
a Florida limiled liability company
OlAr~ejJ)11 Itr'm m
IPnnl9d N e)
- /u.
't~ ~/
,Ji {liJM S. ihllhmHY'J 1iL AGDALENER, as Managing Member
( r~ Nama)
WITNESSES:
'~11 ~ HERITAGE SQUARE REAL ESTATE. LLG,
~J~~ (j
\S'g'I u a FIQrida Ii miled IlaW tv oompany
lil3~ Witlhomm
~~J~) ....
(S'!lnalurel
tV jlJ~{"r\ I /JJl/ll1UJIYl 111:"
jPrlnMd Name) I
~
Agenda Item No. 10C
June 8, 2004
Page 14 of 10
.
-
HERITAGE SQUARE REAL ESTATE, LLC,
a Florida limited liability company
lUiY BY~~ -
(Signalure) ~
mo.r i')~G.- Ie \ rvlQr OTTO SCHMA. anaging Member
(Printed Name)
q\~ HERITAGE SQUARE REAL ESTATE. LLC,
(Signalure) a Florida limited liability company
~~ M-1f ~ ,k \ fVlQ. f?-
(Signalurel ~ BY:t2 fJ/7?1 #
lY1.Grl'Sso--- \f\tQV AMANDA SCHMALZ, as Managing er
(Printed Name)
.-,
Approved as to form and
legal sufficiency:
-h~_ vU.{'/_ ~
Ellen T. Chadwell
Assistant County Attorney
~
Agenda Item No. 10C
June 8, 2004
10 Page 15 of 16
-~-'.. ~,_.. .,' ... ~_'M'~~"~_ ~~." -_. --_.._,--
EXHIBIT "A"
TAX IDENTIFICATION NUMBER: 30530320000
SITE ADDRESS: 2885 HORSESHOE DRIVE SOUTH, NAPLES, FLORIDA.
LEGAL DESCRIPTION:
ALL OF LOT 8; THE WESTERLY 100.00 FEET OF LOT 7, LOT 20 LESS THE
NORTHERLY 335.00 FEET THEREOF; AND THE WESTERLY 100,00 FEET OF LOT
21, LESS THE NORTHERLY 335.00 FEET THEREOF, ALL WITHIN THE EAST
NAPLES INDUSTRIAL PARK PLAT, AS RECORDED IN PLAT BOOK 10, PAGES 114
AND 115, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
LESS AND EXCEPT:
ALL THAT PART OF LOTS 7 AND 21, EAST NAPLES INDUSTRIAL PARK,
ACCORDING TO THE PLAT THEREOF. AS RECORDED IN PLAT BOOK 10, PAGES
114 AND 115, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; MORE
PARTICULARL Y DESCRIBED AS COMMENCING AT THE SOUTHWEST CORNER
OF SAID LOT 7: THENCE NORTH 89"51 '42'" EAST ALONG THE SOUTHERLY LINE
OF LOT 7 A DISTANCE 96.50 FEET TO THE POINT OF BEGINNING OF THE
PARCEL HEREIN BEING DESCRIBED: THENCE CONTINUE ALONG SAID
SOUTHERLY LINE LYING NORTH 89"51 '42'" EAST A DISTANCE OF 3,50 FEET TO
AN INTERSECTION WITH A LINE LYING 100.00 FEET EASTERLY OF, MEASURED
AT RIGHT ANGLE TO AND PARALLEL WITH WESTERLY LINE OF SAID LOT 7;
THENCE LEAVING SAID SOUTHERLY LINE NORTH 00"08'18" WEST ALONG SAID
PARALLEL LINE A DISTANCE OF 360.00 FEET TO AN INTERSECTION WITH THE
NORTHERLY LINE OF SAID LOT 7: THENCE CONTINUE NORTH 00"08'18'" WEST
ALONG A LINE LYING 100.00 FEET EASTERLY OF MEASURED AT RIGHT ANGLE
TO AND PARALLEL WITH THE WESTERLY LINE OF SAID LOT 21 A DISTANCE OF
24.40 FEET TO AN INTERSECTION WITH A LINE LYING 335.00 FEET SOUTHERLY
OF, MEASURED AT RIGHT ANGLE TO AND PARALLEL WITH THE NORTHERLY
LINE OF SAID LOT 21, THENCE SOUTH 89"51'42'" WEST ALONG SAID PARALLEL
LINE A DISTANCE OF 0.90 FEET; THENCE LEAVING SAID PARALLEL LINE SOUTH
OO"14'57'WEST 384.41 FEET TO THE POINT OF BEGINNING OF THE PARCEL
HEREIN DESCRIBED.
Agenda Item No.1 OC
June 8, 2004
11 Page 16 of 16
.- EXECUTIVE SUMMARY
Recommendation to award Professional Services Agreement for Engineering Services
related to Wellfield Reliability Improvements and Expansion, RFP 04-3593, and
approve an initial Work Order under the same Agreement in the amount of $4,999,218
encompassing Projects 70158, 70892, 70899, 71002, 71006,71011, and 75005.
OBJECTIVE: The objective of the Wellfield Reliability Improvement and Expansion
Program is to maintain a reliable supply of water and to meet projected demands. This
objective will, in palt, be accomplished by delegating multiple water supply projects to a
single point of responsibility in the form of a Professional Services Agreement.
CONSIDERATION: On January 27, 2004, as Agenda Item 16 (C) 11, the Board approved
consultant selection and authorized staff to negotiate an agreement with Camp Dresser &
McKee (Consultant) related to the Wellfield Reliability Improvements and Expansion
Program, RFP 04-3593. The Utilities Engineering Department and Purchasing Department
staff negotiated an 8-year contract, renewable to a tOlal of 1 I years.
As staff developed a work plan to execute projects identified in the 2002 Water Master Plan
Update, it became apparent that outsourcing would be needed to meet the increased level of
project management effort required to execute the planned wellfield projects. Staff
recommends packaging multiple projects of a simihlr nature into one consultant contract. A
- single point of responsibility will allow many of the common elements to be worked
simultaneously which will maintain consistency with the involved public and achieve desired
results with greater efficiency than if each project were managed separately,
Staff also negotiated proposed Work Order 04-01 for an initial scope of work and fees for
work encompassing six (6) different capital projects. The proposed scope of work is
consistent with the request for proposal.
The initial scope of work generally consists of:
1. Exploratory drilling and route selections as a precursor to locating new water supply
well sites for four (4) projects (Jhree wellfield reliability improvement projects and
one new water treatment plant expansion l;
2. Design, permitting, and services during construction for one wellfield expansion
project;
3. One study to determine the feasibility of providing high-pressure reverse osmosis to
treat saltier groundwater,
4. Program management services,
5. A water supply development plan, and
6. Technical and operational support services.
Each individual project will be funded in their respective capital project budget.
- Fees for program management services, technical/operational support services, and a water
supply development plan will be funded with new W BS Elements under a common new
Agenda Item No. 10D
June 8, 2004
1 of 136
--', ..""..~-,~<.".,"_... "'"'--'''
I
Executive Summary .
Award Professional Services Agreement, RFP 04-3593
Page 2
project number. A summary of the proposed fees for each individual projectIWBS Elements
is shown in Table 1.
Table 1. Summary of the proposed fees for each individual Proiect NumberlWBS Elements
I Fund Project l
N umber/WBS Project Kame Project Fees I
i Element
412 701581 Replace Lower Tamiami Wells 182,500
411 708921 SCRWTP Reverse Osmosis Welltie1d Expansion 1,609,718
to 20 mgd
411 708991 :'\;ERWTP Welltield Study for 20 mgd Expansion 915,000
412 71 0021 I ~CRWTP High Pressure RO Feasihility Study 150,000
412 710061 ~CRWTP RO Welltield Reliability 229,000
412 710111 NCRWTP Mid Hawthorn Wellfic1d 137,000
411 750051 Wellfield Program Management 411 520,500 I
412 I 750052 Wellfield Program Management 412 520,500
411 750053 Wellfield Technical and Operational Support 440,000 I
412 750054 Water Supply Development Plan 295,000 i
Total 4,999,218l
,-
Staff has determined the proposed fees to be fair and reasonable based on a review of current
market conditions for labor rates, the ratio of design costs to estimated construction cost, and
the ratio of total engineering costs to estimated construction cost.
The proposed projects are consistent with the 2003 Water Master Plan adopted as Item 10(0)
on :Ylay 25,2003. A Proposed Water Supply Development Plan is a precursor to providing
technical input to the next Water Master Plan Updale
This contract for professional services is proposed to be awarded as a major fixed assignment
as defined in Section VII C. 3. of the Collier County Purchasing Policy. However, the initial
amount of the work order will exceed the $3,000,000 threshold set forth in the purchasing
policy. Therefore, a waiver of the dollar threshold amount is required.
A copy of the proposed Agreement and Work Order 04-01 are attached.
.-,
Agenda Item No.1 00
June 8, 2004
2 of 136
.~."
Executive Summary
Award Professional Services Agreement, RFP 04-3593
,~.... Page 3
FISCAL IMPACT: Funds are available for the initial work order in the FY04 Capital
budget as adopted by the Board on September 18,2003. A budget amendment is needed to
transfer funds in the amount of $1,776,000 to new project 75005, Wellfield Program, as
follow s.
Funds for Wellfield Program Management fees will be transferred in equal amounts from 4
major, long-term wellfield capital projects. Transfer $260,250 from 708921, SCRWTP
Reverse Osmosis Wellfield Expansion to 20 mgd, plus $260,250 from 708991, NERWTP
Wellfield Study for 20 mgd Expansion, to WBS Element 750051, Wellfield Program
Management 411. Transfer $260,250 from 701581, Replace Tamiami Wells, plus $260.250
from 710061, NCRWTP RO Wellfield Reliability, to WBS Element 750052, Wellfield
Program Management 412.
Funds for Water Supply Development Plan and for Wcllfield TechnicaVOperational Support
Services will be transferred from reserves. Transfer $440,000 from Reserves for Water
Capital Outlay (412) to WBS Element 750053, Welltleld Tech/Op Support. Transfer
$295,000 from Reserves for Water Capital Outlay (4] 2) to Project 750054. Water Supply
Development Plan 412.
The remaining proposed scope of work is consistent with projects budgeted in FY04 as
......... adopted by the Board on September 18,2003.
The source of funds will be a combination of Water User Fees (412) and Water Impact Fees
(411).
GROWTH MANAGEMENT IMPACT: Projects funded with Water Impact Fees (411)
are consistent with, and further the Goals, Objectives, and Policies of, the Collier County
Growth Management Plan. Projects funded with User Fees (412) have no impact on the
Growth Management Plan.
RECOMMENDA TIONS: That the Board of County Commissioners, as Ex -Officio the
Governing Board of the Collier County Water-Sewer District:
1. Award the Professional Engineering Services Agreement pursuant to Contract 04-
3593;
2. Waive the $3,000,000 threshold per contract or assignment as defined in Collier
County Purchasing Policy Section VII C. 3;
3. Approve, and authorize the Public Utilities Engineering Director to execute, Work
Order 04-01 in the amount of $4,999,218 encompassing, Projects 70158, 70892,
70899,71002,71006, 71011, and 75005; and
4. Approve the necessary budget amendments.
_..
Agenda Item No.1 00
June 8, 2004
3 of 136
~_.-
COLLIER COUNTY
,"- SOARD OF COUNTY COMMISSIONERS
Item Number 10D
Item Summary K0ccmrnE:nd<Hi0:1 to aVJ8rd Pfof~:ssiond: SE:rv:CE'~S A.]n~0m0f":t for E::ninHHr!ng
[~Hr"'/k0S f0lated to \/\h~::f:E:!d R€~nab:::ty jrrlp:(:"'/f~:'T:~~nt:; and E:<p:~:"":s~Gn. RFP 04.
359~t and <:pprove an initial WorK Order under the 53me Agreement in the
amount of $4.999.218 encompm;sing Proiects 10':58, i0892, '10899, I 1 002.
71006. 71011. and 75005. (.jim DeLeny, .A.dministrator. Public Utilities Division)
Meeting Date 6fiV2004 9:00:00 AM
Prepared By
K:'lrl W. Boy"" P.:::. Prine';Ell ProjiJet Mi3na,~er w3te
P",blie Ut@iez P",blie Utilities ro"gin"':?rlng 5!2S;20tl4 ~ U: 4~l:iJ4 AM
Approved By
Thor(:3S ':f';::j~-!$ OpBration $ tHr~-!ct("~r ~J;;:tf:
P",bHc Util~ties Public UHHties O"er,lt'N1S 5!2'J!2fJtl4 'j,tl4 PM
Approved By
P:3:.d :~1~tta:..H:.(;f~ W,,((<f O'!'f>einr O,,!(<
Public UU!,tills V\i.atef 512f)f2u:J4 4:26 p~~
Approved By
Roy B. Amjer;sof'. r.E. Pubiir; U,i!itio:',s El~gil1eefinfj Diredof O",!e
publir; U:.ii:tio:" Pub;ir; U,i!,tio:;s El~gil1eerinfj 5.127!20Cl4 9:2'1 AM
Approved By
Steve earn"i! Purc!1asingfGt.neri3! S....cs [Hrect.:Jr Date
A...ir'n;n:$trat~ve Sefvices Pur{;h;.~sinn 5l27f20Cl4 4:59 PM
Approved By
J3:1":~~S 't'J, D~Lar.y Pubik. UtjHt~t=:; AC:~lk:istratof O(1?"e
Public U,i!:ti€?s Public Uti!iti€?s Administration S;2Bf2004 11::iB AM
Approved By
P,~t l.etmhard Adm;f);st!<1til{<; Assh:,t"nt f,l"tll
Count)' M,lnager';; Office Oftice of Man"gement & Budget 'il211i2004 12:41 PM
Approved By
Mii:haEfI Smykowski ManagemEfnt & Bl.li.lgEf! Diro:dor Oat..,
C!;unty M.~nagl;r',:, O!fi!:e O!ike of M<1n.~gem...nt & Bj;Qgll! 5!Ztli20fl4 3:33 PM
A pproved By
James V. Mudd County Manage, l) ate
Board of County
Commissione,s County MM1ag<;r',:, O!fiCff 5f31!20fl4 3:35 PM
.-
Agenda Item NO.1 00
June 8, 2004
4 of 136
..- ~.. ~-,--~" ~~~. -. -...
Contract # 04.3593
PROFESSIONAL ENGINEERING SERVICE
Wellfield Reliability Improvements and Expansion Program
June 8, 2004
THIS AGREEMENT is made and entered into this _ day of ,2003,
by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of
the State of Florida and (hereinafter referred to as the "OWNER") and Camp Dresser and McKee Inc., a
Massachusetts Corporation, authorized to do business in the State of Florida, whose business address is
9311 College Parkway, Suite 1 J Fort Myers, Florida, 33919 (hereinafter referred to as the
"CONSUL TANT"). The agreement shall be based upon the terms and conditions of request for
proposals (RFP) 04-3593, Should any terms of the agreement conflict with the terms of the RFP, the
terms of the agreement shall prevail.
WIT N E SSE T H:
WHEREAS. the OWNER desires to obtain professional engineering services of the
CONSUL TANT concerning work and/or the improvement of areas within the operational jurisdiction of
Collier County, such services, as described herein, to be performed by the CONSULTANT pursuant to
this Agreement and with Work Orders to be issued by OWNER subsequent to execution of this
Agreement; and in accordance with the conditions that each Work Order shall not exceed $90,000
individually or $3,000,000 collectively (on an annual and fiscal year basis) unless approved by the Board
of County Commissioners.
WHEREAS. the CONSULTANT has submitted a proposal for provision of those services; and
WHEREAS, the CONSULTANT represents that it has expertise in the type of professional
services that will be required by the OWNER.
NOW. THEREFORE, in consideration of the promises and the mutual covenants and provisions
contained herein, the parties hereto agree as follows:
Agenda Item No. 100
June 8, 2004
- 1 - 5 of 136
.,,~.., ARTICLE ONE
CONSUL TANrS RESPONSIBILITY
1.1. CONSUL TANT shall provide to OWNER professional engineering services in all phases of any
Work Order to which this Agreement applies and pertains to the Well field Reliability Improvement
and Expansion Program as set forth under RFP 04-3593 and in this agreement. The Program
has been generally developed to provide additional wells to meet current requirements for
reliability, and also, to acquire new wellfields to accommodate growth. The Program elements
are identified in the County's "2002 Water Master Plan Update", as adopted by the Board of
County Commissioners on February 25, 2003. The Consultant shall provide services within the
following broad categories:
1. Management and Coordination of multiple projects consisting of contract administration,
engineering design, project management involving the planning, property acquisition, design,
permitting, and construction of public water supply wellfield projects (pertaining to new and
existing wells) for the Collier County Public Utilities Engineering Department.
-
2. Professional services to be provided may include, but are not limited to, planning,
engineering, surveying, hydrogeology, geology, exploratory well drilling and testing, trouble
shooting and testing of existing wells, laboratory analysis of groundwater quality. construction
engineering and inspection, assistance during start-up, training, preparing or revising
operation plans, wellfield alignment studies, assistance during warranty service period,
assistance with property acquisition, peer review, permitting, public involvement, value
engineering, quality assurance oversight, expert testimony, assistance securing and
administering grant funding, interaction with Public Utilities Engineering Department staff,
Water Department staff, and related County agencies, and overall coordination and tracking
of all wellfield maintenance, repair, acquisition, development and construction activities.
The scope of services under this agreement shall be in support of the County's Well field program
and attendant projects as set forth in the County's Water Master Plan, which shall serve as the
guiding document for the Program. For the duration of this agreement, any updates to the Master
Plan shall be performed by consultants independent of this agreement. The Program will
--
generally consist of, but not be strictly limited to, the activities associated with and described
under Schedule E to this agreement and known as the "Wellfield Pro~ltJt%~o. 10D
June 8, 2004
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--- -. -"~,~... --" . ._~-,-~. _,'_.n_""'"
.
1.2. The Basic Services to be performed by CONSULTANT hereunder are those set rO'1h in this
Agreement and Work Orders prepared and issued by the OWNER and executed by the parties hereto
subsequent and pursuant to execution of the Agreement. The total compensation to be paid
CONSUL TANT by the OWNER for all Basic Services is set forth in Article Five and Schedule A,
"Consultant's Employee Hourly Rate Schedule", which is attached hereto and incorporated herein.
1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such
licenses as are required to do business in the State of Florida and in Collier County, Florida, including,
but not limited to, all licenses required by the respective state boards and other governmental agencies
responsible for regulating and licensing the professional services to be provided and performed by the
CONSUL TANT pursuant to this Agreement.
1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization or other
form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel
to provide such services.
1.5. CONSUL TANT agrees to employ and designate in writing, within five (5) calendar days after
receiving its Notice to Proceed under an executed Work Order a qualified licensed professional to serve
as the Consultant Program Manager. The Program Manager shall be authorized and responsible to act
on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of
the services to be provided and performed under this Agreement and a Work Order. Within five (5)
calendar days from the Notice to Proceed issued by the OWNER to the CONSULTANT, the
CONSULTANT shall deliver to the OWNER a written statement. executed by the proper officers of the
CONSUL TANT, acknowledging that the Program Manager under the Work Order shall have full authority
to bind and obligate the CONSULTANT on all matters arising out of or relating to such Work Order and
this Agreement. The CONSULTANT shall make the necessary resource~~~IPPe~ ~.n.a@) and
June 8, 2004
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.- execute all Work Orders issued under this Agreement. The person selected by the CONSULTANT to
serve as the Program Manager shall be subject to the prior approval and acceptance of the OWNER.
1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the
OWNER, to promptly remove and replace the Program Manager, or any other personnel employed or
retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such
subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or
work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be
removed, which request may be made by the OWNER with or without stating its cause to
CONSUL TANT.
1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional
services that will be performed pursuant to this Agreement. The CONSULTANT agrees that all services
,- to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER'S review
and approval and shall be in accordance with the generally accepted standards of professional practice
in the State of Florida, as well as in accordance with all published laws, statutes, ordinances, codes,
rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction
over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event
of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and
utilize its best professional judgment to advise OWNER regarding resolution of each such conflict.
1.8. CONSUL TANT agrees not to divulge, furnish or make available to any third person, firm or
organization, without OWNER'S prior written consent, or unless incident to the proper performance of the
CONSUL TANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such
information has been properly subpoenaed. any non-public information concerning the services to be
rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents,
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subconsultants and subcontractors to comply with the provisions of this paragraph.
Agenda Item No. 100
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""'-'''''''''''-'' ^'-.,,-- ----..-.,. ~" .-,-.-- ---
1.9. If required pursuant to a Work Order, CONSULTANT agrees to provide to OWNER professional
evaluations of the OWNER'S work budget The evaluations and opinions shall be delivered to OWNER
in accordance with the following schedule:
(a) The professional evaluations of the OWNER'S work budget shall be delivered with the
report to be furnished by CONSULTANT as part of the Scope of Services.
1.10. Evaluations of the OWNER'S budget, prepared by the CONSUL T ANT represent the
CONSUL TANT'S best judgment as an experienced and qualified professional engineering consultant.
1.11. CONSUL TANT shall be responsible for providing timely assistance and support to the real
property acquisition efforts of OWNER, including but not limited to identifying property and/or easements
required for construction and operation of the water supply facilities, technical support in negotiations
with property owners, surveys, legal and other property descriptions, route maps, dimensions and
specifications, reports, studies and other data necessary to support eminent domain takings and other
property acquisition needs.
ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
2.1 In addition to the scope of services set forth under this agreement (including RFP 04-3593), the
CONSULTANT shall furnish or obtain from others Additional Services if authorized in writing in advance
by the Owner. The scope, terms and conditions of these services shall be set forth in a work order (or an
amendment to an existing work order) paid for by OWNER that is consistent with all terms and conditions
of the agreement, (including Article Five and Schedule A of the agreement).
ARTICLE THREE
OWNER'S RESPONSIBILITIES
3.1. The OWNER shall designate in writing a Project Manager to act as OWNER'S representative with
Agenda Item No.1 OD
respect to the services to be rendered under this Agreement (hereinafter referred .!RJ~ 8h~o'6'~ject
- 5 - ,
9 of 136
.~- Manage"'). The Project Manager shall have authority to transmit instructions, receive information,
interpret and define OWNER'S policies and decisions with respect to CONSUL TANrS services for the
work. However. the Project Manager is not authorized to issue any verbal or written orders or
instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of
modifying or changing in any way whatever:
(a) The scope of services to be provided and performed by the CONSULTANT hereunder;
(b) The time the CONSULTANT is obligated to commence and complete all such services;
or
(c) The amount of compensation the OWNER is obligated or committed to pay the
CONSUL TANT.
3.2. The Project Manager shall:
(a) Review and make appropriate recommendations on all requests submitted by the
CONSUL TANT for payment for services and work provided and performed in
--
accordance with this Agreement;
(b) Provide all criteria and information requested by CONSULTANT as to OWNER'S
requirements for the Project, induding design objectives and constraints, space,
capacity and performance requirements, flexibility and expandability, and any
budgetary limitations;
(c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT'S
disposal all available information in the OWNER'S possession pertinent to the Project.
including existing drawings, specifications, shop drawings,
product literature, previous reports and any other data relative to design or
construction of the Project;
(d) Arrange for access to and make all provisions for CONSULTANT to enter the site to
perform the services to be provided by CONSULTANT under this Agreement; and
(e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the
.-
OWNER with respect to the services to be rendered by CONSULTANT hereunder.
Agenda Item NO.1 00
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10 of 136
----~ - .. H'. ,-'<-
3.3. CONSUL TANT acknowledges that access to any work site, to be arranged by OWNER for
CONSUL TANT, may be provided during times that are not the normal business hours of the
CONSUL TANT.
3.4. OWNER shall be responsible for the acquisition of all easements, property sites, rights-of-way. or
other property rights required for the work and for the costs thereof, including the costs of any
required land surveys in connection with such acquisition.
ARTICLE FOUR
TIME
4.1. The period of service shall be from the date of execution of this Agreement through eight (8)
years from that date, or until such time as all outstanding Work Orders issued prior to the expiration of
the Agreement period have been completed. This Agreement may be renewed for an additional three (3)
years, renewable annually, in one year increments, Renewal shall be agreed to, in writing, by both
parties.
4.2. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of
this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of
the project established by a Work Order and shall be performed and completed in accordance
with such Work Order. Time is of the essence with respect to the performance of this Agreement.
4.3 Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services
as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or
neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the
OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall
notify OWNER in writing within five (5) working days after commencement of such delay. stating the
Agenda Item No. 100
June 8, 2004
- 7- 11 of 136
,.,- cause or causes thereof, or be deemed to have waived any right which CONSUL TANT may have had to
request a time extension.
4.4. No interruption, interference, inefficiency, suspension or delay in the commencement or progress
of CONSULTANrS services from any cause whatsoever, including those for which OWNER may be
responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right
to damages or additional compensation from OWNER. CONSUL TANT'S sole remedy against OWNER
will be the right to seek an extension of time to its schedule and to seek an equitable adjustment to the
compensation due under this Agreement. This paragraph shall expressly apply to claims for early
completion, as well as claims based on late completion. Provided, however, if through no fault or neglect
of the CONSULTANT, the services to be provided hereunder by CONSULTANT have not been
completed within two (2) calendar years of a Notice to Proceed, the CONSULTANT'S compensation may
be equitably adjusted, with respect to those services that have not yet been performed, to reflect the
-
incremental increase in costs experienced by CONSULTANT after expiration of the two year period, plus
all time extensions granted by OWNER to CONSULTANT.
4.5. Should the CONSULTANT fail to commence, provide, perform or complete any of the services to
be provided hereunder in a timely and reasonable manner, in addition to any other rights or remedies
available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and
all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes
performance of its obligations hereunder in such a manner so as to reasonably establish to the
OWNER'S satisfaction that the CONSULTANT'S performance is or will shortly be back on schedule.
ARTICLE FIVE
COMPENSATION
-
5.1. The OWNER will compensate the CONSULTANT for the services performed on each Work Order
. A~enda Item No. 10D
in accordance with a negotiated lump sum, cost plus fixed fee, or established ourly ~~~p~ in
- 8 - 12 of 136
""' .~,-'.- -~--_.. -"._"
.
Schedule A attached hereto. After the first two (2) year period of the eight (8) year contract, the
CONSUL TANrS compensation, as set forth under Schedule A, may be equitably adjusted annually to
reflect the incremental increase in costs experienced by CONSULTANT for the duration of the
agreement. All fees set forth under Schedule A of this agreement and all fees associated with recurring
lump sum tasks shall be subject to re-negotiation at the request of either the Owner or Consultant on an
annual basis. In such instance, the requesting party shall submit a formal request to the other party
identifying the proposed change(s) to the fees. Upon agreement between the parties, the agreement
shall be amended to reflect the mutually-agreed upon adjusted fees. Lump sum fees and hourly rates
set forth on pre-existing work orders shall not be subject to re-negotiation subsequent to the issuance of
the work order, except as provided for under Article 4.4 of this agreement.
5.2. Subcontractual services as identified under and modified in accordance with Article 10.1, if any,
shall be invoiced by the CONSULTANT at the actual fees paid by the CONSULTANT, all other
Subcontracts will be invoiced at actual fees plus 10 %.
5.3. Reimbursable expenses shall be invoiced for the expenditures incurred by the CONSULTANT as
follows:
5.3.1. Except for local travel within Collier or Lee Counties, which is not reimbursable,
expenses for transportation and living when traveling in connection with each Work Order, as
provided in Section 112.061, Florida Statutes, and fees paid for securing approval of authorities
having jurisdiction over the Work Order.
5.3.2. Expenses of reproductions, postage and handling of Drawings and Specifications
including duplicate sets at the completion of each Work Order for the OWNER'S review and
approval.
5.3.3. Expense of overtime work requiring higher than regular rates, when authorized by the
OWNER. Agenda Item No. 100
June 8, 2004
- 9- 13 of 136
--
5.3.4. Expense of models for the OWNER'S use.
5.4. Total compensation for all services and expenses shall not exceed the limit listed upon each
Work Order without written approval.
5.5. CONSUL TANT, and CONSULTANT's subconsultants and subcontractors, have previous
experience providing services to the OWNER for services that are directly and indirectly related to the
scope of work of this Agreement. CONSULTANT shall not request compensation, nor be entitled to
compensation, for services that were previously provided to the OWNER by the CONSULTANT and paid
for in full by the OWNER, including services previously provided to the OWNER by CONSUL TANrs
subconsultants and subcontractors, in compliance with Section 215.425, F.S.
- 5.6. Payments for Basic Services, Additional Basic Services, Subcontractual Services, and
Reimbursable Expenses as defined in Article V, shall be made upon presentation of the
CONSULTANT'S County-approved itemized invoice.
5.7. Records of Reimbursable Expenses and Expenses pertaining to Additional Basic Services on the
Work Order shall be kept on a generally recognized accounting basis and shall be available and
provided to the OWNER with submittal of invoices.
ARTICLE SIX
OWNERSHIP OF DOCUMENTS
6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans,
specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical
data, prepared or developed by CONSULTANT under this Agreement shall be delivered to and become
the property of OWNER. This does not apply to working papers. Said records, documents, tracings,
- plans, specifications, maps, evaluations, reports, computer disks and other technical data prepared by
the CONSULTANT for each project under this Agreement are considereSi,g@rRfh i'MK\Jf'J8r'tfoef the
June 8, 2004
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'_..~."- -'-- _..--'.
CONSUL TANT'S service. CONSULTANT, at its own expense, may retain copies for its files and internal
use. The Owner agrees it shall use the documents on other projects only at its own risk.
When transferring data in electronic media format, CONSULTANT makes no representation as to
long term compatibility, usability, or readability of documents resulting from the use of software
application packages, operating systems, or computer hardware differing from those used by
CONSUL TANT at the beginning of the Project. Because the data stored in electronic media format can
deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party
receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after
which the receiving party shall be deemed to have accepted the data thus transferred. Any errors
detected within the 60-day acceptance period will be corrected by the party delivering the electronic files.
CONSUL TANT shall not be responsible to maintain documents stored in electronic media format after
acceptance by Owner. The original hard copy of the documents containing the professional engineer's
seal shall take precedence over the electronic documents.
ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. CONSUL TANT will keep adequate records and supporting documentation, which concern or
reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a
minimum of five (5) years from the date of termination of this Agreement or the date the work is
completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER,
shall, free of charge, have the right to audit, inspect and copy all such records and documentation as
often as they deem necessary during the period of this Agreement and during the five (5) year period
noted above; provided, however, such activity shall be conducted only during normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1. The CONSULTANT in consideration of $100.00, the sufficiency and receipt of which is
acknowledged through the signing of this Agreement shall indemnify and h~QVM~lfiriVNd~s1~ers,
June 8, 2004
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.- employees and agents harmless from and against any and all losses, liabilities, damages, and costs,
including, but not limited to, reasonable attorney fees to the extent caused by the negligence,
recklessness, or intentional wrongful conduct of the CONSULTANT, its Subconsultants, Subcontractors,
agents or employees, arising out of or incidental to the performance of this Agreement or work
performed thereunder. The CONSULTANT'S obligation under this paragraph shall not be limited in any
way by the agreed upon contract price as shown in this Agreement or the CONSULTANT'S limit of, or
lack of, sufficient insurance protection.
8.2. CONSULTANT acknowledges that the general conditions of any construction contract that
CONSUL TANT creates in performance of a Work Order shall include language, satisfactory to the
OWNER'S attorney, in which the contractor agrees to hold harmless and to defend OWNER, its agents
and employees from all suits and actions, including attorney's fees, and all costs of litigation and
judgments of any name and description arising out of or incidental to the performance of the construction
.-
contract or work performed thereunder.
ARTICLE NINE
INSURANCE
9.1. During the life of the Agreement (and until final acceptance by OWNER for work performed under
any Work Order issued by OWNER) the CONSULTANT shall provide, pay for, and maintain, with
companies satisfactory to the OWNER, the type and amounts of insurance described herein and on
Exhibit B. All insurance shall be from responsible companies duly authorized to do business in the State
of Florida and/or responsible risk retention group insurance companies registered with the State of
Florida. Promptly after written Notice of Award is issued by the OWNER, the insurance coverages and
limits required must be evidenced by properly executed CertifICates of Insurance on forms which are
acceptable to the OWNER. The Certificates must be personally. manually signed by the Authorized
Representatives of the insurance company/companies shown on the Certificate with proof that he/she is
"- an authorized representative thereof. In addition, certified, true and exact copies of all insurance policies
required shall be provided to the OWNER. on a timely basis, if required by the OWNER. These
Agenda Item No. 100
Certificates and policies shall contain provisions that thirty (30) days written noticfi!lJneI'8~*~ or
- 12 - 16 of 136
-,- .~~. ~.._-
certified mail shall be given to the OWNER of any cancellation, intent not to renew, or reduction in the
policies' coverages, except in the application of the Aggregate Limits Provisions. In the event of a
reduction in the Aggregate Limits of any policy, the CONSULTANT shall immediately take steps to have
the Aggregate Limit reinstated to the full extent permitted under such policy. All insurance coverages of
the CONSULTANT shall be primary to any insurance or self-insurance program carried by the OWNER
applicable to the Work.
9.2. The acceptance by the OWNER of any Certificate of Insurance evidencing the insurance
coverages and limits required in this Agreement does not constitute approval or agreement by the
OWNER that the insurance requirements have been met or that the insurance policies shown on the
Certificates of Insurance are in compliance with the requirements of this Agreement.
9.3. No work shall commence unless and until the required Certificates of Insurance are received and
the written Notice to Proceed is issued to the CONSULTANT by the OWNER.
9.4. Promptly after written Notice of Award is issued by the OWNER and prior to approving any work
CONSUL TANT shall procure and maintain insurance of the types and to the limits specified in Schedule
B entitled "Insurance Coverage", which is attached hereto and made a part hereof. CONSULTANT shall
require each of its subconsultants and subcontractors to procure and maintain, until the completion of
that subconsultant's or subcontractor's work, insurance of the types and to the limits specified in
Schedule B, unless such insurance requirement for the subconsultant or subcontractor is expressly
waived in writing by the OWNER. Said waiver shall not be unreasonably withheld upon CONSULTANT
representing in writing to OWNER that CONSULTANT'S existing coverage includes and covers the
subconsultants and subcontractors for which a waiver is sought, and that such coverage is in
conformance with the types and limits of insurance specified in Schedule B. All liability insurance
policies, other than the Professional Liability, Worker's Compensation and Employers' Liability policies,
obtained by CONSULTANT to meet the requirements of this Agreement shall name OWNER as an
Agenda Item No. 100
June 8, 2004
- 13- 17 of 136
additional insured as to the operations of the CONSULTANT under this Agreement and the Contract
Documents and shall contain severability of interests provisions.
9.5. If any insurance provicled pursuant to this Agreement expires prior to the completion and final
acceptance by OWNER of any works, performed hereunder, renewal Certificates of Insurance and, if
requested by OWNER, certified, true copies of the renewal policies shall be furnished by CONSULTANT
thirty (30) days prior to the date of expiration.
9.6. Should at any time the CONSULTANT not maintain the insurance coverages required in this
Agreement, the OWNER may cancel this Agreement or at its sole discretion shall be authorized to
purchase such coverages and charge the CONSULTANT for such coverages purchased. The OWNER
shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages
purchased or the insurance company or companies used.
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The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a
waiver of its rights under this Agreement.
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSUL T ANrS own staff and
identified subsconsultants, comprised of Greeley and Hansen, LLC, Water Resource Solutions, Inc.,
RKS Consulting Engineers, Inc, and Wilson Miller, Inc, unless otherwise authorized in writing by the
OWNER. The employment of, contract with, or use of the services of any other person or firm by
CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of
the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement
between the OWNER and any such other person or firm. Nor shall anything in this Agreement be
deemed to give any such party or any third party any claim or right of action against the OWNER beyond
such as may otherwise exist without regard to this Agreement.
-
Agenda Item No. 10D
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18 of 136
'.~W.8__"' '~. __'. 'H' "..--..-.' ,.".,"--.".-
,
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. CONSULTANT'S acceptance of final payment under any Work Order shall constitute a full waiver
of any and all claims, except for insurance company subrogation claims, by it against OWNER arising
out of this Agreement or otherwise related to the work, except those previously made in writing and
identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of
CONSUL TANT'S services nor payment by OWNER shall be deemed to be a waiver of any of OWNER'S
rights against CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be
considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this
section, for any of the following reasons: (a) failure to begin work under the Agreement within the times
specified under the Notice(s) to Proceed, or (b) failure to property and timely perform the services to be
provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general
assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals,
officers or directors, or (d) failure to obey laws, ordinances, regulations or other codes of conduct, or (e)
failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The
OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7)
calendar days written notice of the material default.
12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is
determined for any reason that CONSULTANT was not in default, or that its default was excusable, or
that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph
12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of
termination provided for in paragraph 12.3 below and CONSULTANT'S remedies against OWNER shall
be the same as and limited to those afforded CONSULTANT under paragraph 12.3 below.
Agenda Item NO.1 OD
June 8, 2004
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.'- 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon
seven (7) calendar days written notice to CONSULTANT. In the event of such termination for
convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee
earned through the date of termination, together with any retainage withheld and any costs reasonably
incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not
be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees
or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the
greatest extent reasonably possible.
12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers, records,
documents, drawings, models, and other material set forth and described in this Agreement including
Section 6.1.
.._, 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by
CONSUL TANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such
suspension. If all or any portion of the services to be rendered hereunder are so suspended, the
CONSUL TANT'S sole and exclusive remedy shall be to seek an extension of time to its schedule and to
seek an equitable adjustment to the compensation due under this Agreement in accordance with the
procedures set forth in Article Four herein.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or
person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this
Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation,
individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee,
commission, percentage, gift or any other consideration contingent upon or resulting from the award or
-
making of this Agreement.
Agenda Item No.1 OD
June 8, 2004
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.._-_.-........, -.~--- ,-
13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT
agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein
as Schedule C, stating that wage rates and other factual unit costs supporting the compensation are
accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the
original Agreement price and any additions thereto shall be adjusted to exdude any signifICant sums by
which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or
non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1)
year following the end of this Agreement.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either
direct or indirect, which would conflict in any manner with the performance of services required
hereunder. CONSUL TANT further represents that no persons having any such interest shall be
employed to perform those services.
14.2. CONSULANT and OWNER agree that CONSULTANT shall not perform services or make
decisions deemed to be "inherently governmental" and in such instances shall defer or re-direct inquiries
to the County's Project Manager as identified under Article 16.1. The term "inherently governmental"
shall include, but not be strictly limited to approval of invoices or deliverables to the OWNER, unilateral
acceptance of work performed by contractors and consultants not in privity as subcontractors with the
CONSUL TANT, and making unilateral decisions regarding the wellfield program goals, objectives and
outcomes.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in
writing and executed by the party or parties intended to be bound by it.
Agenda Item No.1 OD
June 8, 2004
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c- 15.2 The wellfield program and the attendant delivery of services may be evaluated annually and said
evaluation may result in changes to the contractual scope, terms and conditions that shall be mutually
negotiated and agreed upon by the parties at that time.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the
OWNER shall be in writing and shall be delivered by hand or by United States Postal Service
Department, first class mail service, postage prepaid, return receipt requested, addressed to the
following OWNER'S address of record:
Board of County Commissioners,
Collier County Florida
Attention: Karl W. Boyer, P.E.
Project Manager
- 3301 Tamiami Trail East
Building H
Naples, FI. 34112
16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the
CONSUL TANT shall be made in writing and shall be delivered by hand or by the United States Postal
Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the
following CONSULTANT'S address of record:
Camp Dresser and McKee Inc.
9311 College Parkway, Suite 1
Fort Myers, FL 33919
Attention: Thomas Missimer
16.3. Either party may change its address of record by written notice to the other party given in
<~-
accordance with requirements of this Artide.
Agenda Item No.1 OD
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22 of 136
B"__ ._--~"-
ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume
towards OWNER a duty of the highest trust, confidence, and fair dealing.
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall
impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT
without the prior written consent of OWNER.
17.4. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a
waiver of any other breach and shall not be construed to be a modification of the terms of this
Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement
are for the purpose of convenience only and shall not be deemed to expand, limit or change the
provisions in such Articles, Schedules, Parts and Attachments.
17.6. This Agreement, initially consisting of 31 continuously numbered pages including the referenced
Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and
shall supersede, replace and nullify any and all prior agreements or understandings, written or oral,
relating to the matter set forth herein, and any such prior agreements or understanding shall have no
force or effect whatever on this Agreement.
17.7 In no event shall CONSULTANT be liable, regardless of whether any claim is based on contract or
tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost
profits, arising out of or in connection with this Contract.
17.8 COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached
component parts, all of which are as fully a part of the Agreement as if herein set out verbatim:
Consultant's Fee Schedule MA," Insurance Coverage Schedule "B,. Truth in Negotiation Schedule
"C," Work Order Summary "D."
17.9 This agreement shall be subject to annual appropriations by the Board of County Commissioners.
Agenda Item No. 100
June 8,2004
- 19- 23 of 136
,..-, ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. Unless otherwise specified, this Agreement shall be governed by the laws, rules, and regulations of
the State of Florida, and by such laws, rules and regulations of the United States as made applicable to
when providing services funded by the United States government. Any suit or action brought by either
party to this Agreement against the other party relating to or arising out of this Agreement must be
brought in the appropriate Florida state court in Collier County, Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement
for Engineering Services the day and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA, A POLITICAL
Dwight E. Brock, Clerk SUBDIVISION OF THE STATE OF FLORIDA AS
EX-OFFICIO, THE GOVERNING BOARD OF THE
COLLIER COUNTY WATER-SEWER DISTRICT
By:
.- Date: By:
Donna Fiala, Chairman
Approved as to form and
legal sufficiency: Camp Dresser and McKee Inc.
Assistant County Attorney
Witnessed: By:
(Type name):
(Title ):
By:
(Type name):
- By:
(Type name):
(CORPORATE SEAL) Agenda Item No. 100
June 8, 2004
- 20- 24 of 136
-.-- ~_,o -'-'"
.
SCHEDULE A
Contract # 04-3593
Wellfield Reliability Improvements and Expansion Program
CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE
EMPLOYEE CLASSIFICATION HOURLY BILLING RATE
Principal! Associate 161.00
Senior Engineer/Senior Hydrogeologist 144.00
Financial Management Consultant 135.00
Senior Project Manager 129.00
Project Engineer/Project Hydrogeologist 108.00
Public Information Specialist 100.00
Engineer III/Hydrogeologist III 97.00
Engineer II/Hydrogeologist II/Senior Designer 86.00
Engineer I/Hydrogeologist I/Designer 76.00
Design I/Hydrologic Technician 70.00
Senior Construction Manager/Operations Specialist 138.00
Construction Manager 129.00
Construction Inspector 68.00
Administrative Assistant 54.00
This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional, support
and other services shall be mutually negotiated by the County and firm on a project-by-projeet basis as
needed.
END OF SCHEDULE A
Agenda Item No. 100
June 8, 2004
- 21 - 25 of 136
,0_'
SCHEDULE B
INSURANCE COVERAGE
(1 ) The amounts and types of insurance coverage shall conform to the following minimum
requirements with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Insurance shall be maintained by the
Contractor/Consultant! Professional during the term of this Agreement for all employees engaged in the
work under this Agreement in accordance with the laws of the State of Florida. The amounts of such
insurance shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability (check one)
->"-.
X $100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
(2) The insurance company shall waive its Rights of Subrogation against the OWNER and the
policy shall be so endorsed.
~-~
Agenda Item No.1 OD
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26 of 136
-- - ,~- ".~-- --'"-- ~-, ._-"
COMMERCIAL GENERAL LIABILITY Insurance shall be maintained by the
Contractor/Consultant/Professional. Coverage will include, but not be limited to, Boc:Iily Injury, Property
Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Bread Form
Property Damage including Completed Operations and Products and Completed Operations Coverage.
Products and Completed Operations coverage shall be maintained for a period of not less than five (5)
years following the completion and acceptance by the OWNER of the work under this Agreement. Limits
of Liability shall not be less than the following: (check one)
--K. General Aggregate $1,000,000
Products/Completed Operations Aggregate $1,000,000
Personal and Advertising Injury $1,000,000
Each Occurrence $1,000,000
Fire Damage $ 50,000
(2) The General Aggregate Limit shall apply separately to this Project and the policy shall be
endorsed using the following endorsement wording. "This endorsement modifies insurance provided
under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under
LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or
rented to you."
(3) If the General Liability insurance required herein is issued or renewed on a "claims made"
basis, as opposed to the "occurrence" form, the retroactive date for coverage shall be no later than the
commencement date of the Project and shall provide that in the event of cancellation or non-renewal the
Extended Reporting Period (Discovery Period) for claims shall be no less than three (3) years.
(4) The OWNER shall be named as an Additional Insured and the policy shall be endorsed that
such coverage shall be primary to any similar coverage carried by the OWNER.
Agenda Item No.1 OD
June 8, 2004
- 23- 27 of 136
,- AUTOMOBilE LIABILITY INSURANCE shall be maintained by the Contractor I Consultant I
Professional for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits
of not less than: (check one)
---1L Bodily Injury & Property Damage - $ 500,000
PROFESSIONAL lIABILITY INSURANCE shall be maintained by the Consultant/Professional to insure
its legal liability for claims arising out of the performance of professional services under this Agreement.
Such insurance shall have limits of not less than
---1L $1,000,000 each claim and in the aggregate
(2) Any deductible applicable to any claim shall be the sole responsibility of the
Consultant/Professional and shall not be greater than $50,000 each claim.
._-
(3) The Consultant/Professional shall continue this coverage for this Project for a period of not
less than five (5) years following completion and acceptance of the Project by the OWNER.
END OF SCHEDULE B.
Agenda Item No. 100
- 24- June 8, 2004
28 of 136
--"" -., '-
SCHEDULE C
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, Camp Dresser & McKee Inc. hereby certifies that wages, rates and other factual unit costs
supporting the compensation for the Wellfl9ld Reliability Improvements and Expansion Services of the
CONSUL TANT to be provided under the Professional Services Agreement are accurate, complete and
current as of the time of contracting.
BY:
DATE:
Agenda Item No. 100
June 8, 2004
- 25- 29 of 136
,-
SCHEDULE D
WORK ORDERS
WELLFIELD REUABIUTY IMPROVEMENTS AND EXPANSION, CONTRACT NUMBER 04-3593
OWNER's OWNER's
Work Order Fund & Project Project Work Order Revised Work Purctlase Authorization to
Number Number DescrlDtlon Manaaer Amount Order Amount Order Number Proceed Received
I
I
I
.~. I
i
!
!
I
I
Total Annual $0.00 $0.00
Agenda Item No. 10D
June 8, 2004
30 of 136
-.
--- '''-....,
.
SCHEDULE E
WELLFIELD PROGRAM OVERVIEW
Services provided under this agreement shall be in support of the County's Well'field program,
the major components of which are summarized herein as follows:
1. WELLFIELD DEVELOPMENT PLAN. The Proposed Plan is to be provided to the Owner, who in turn
will provide the Plan to the Water Master Plan Consultant for review, evaluation, modification as
necessary and for prospective inclusion in updates to the Water Master Plan.
2. WELLFIELD RELIABILITY IMPROVEMENTS. The County's existing wellfields need additional wells
to serve as stand-by units in the event of routine maintenance or extended down time for major
repairs, and to replace existing wells that reach the end of their useful life. Property for new well sites
must be acquired for the additional reliability wells. Existing wellfield reliability improvements may
include individual projects listed as follows:
1. North Lower Hawthorn Wellfield Reliability Extension
2. Infill North Lower Hawthorn Wellfield with New Mid Hawthorn Reliability Wells
3. Golden Gate Tamiami Wellfield Reliability Extension
4. Saltwater Reverse Osmosis Feasibility Study
3. WELLFIELD EXPANSIONS. The County estimates that as many as one hundred (100) new
wells may be needed to meet growth over the next twenty (20) years. The "2002 Water Master Plan
Update" provides a 20-year vision for water facilities within the service areas of the Collier County Water-
Sewer District. The Master Plan identifies two (2) new regional water treatment plants and an expansion
to the County's existing South Regional Water Treatment Plant. The growth-related portion of the
Wellfield Program includes services to perform alignment studies as necessary to acquire property for a
sufficient number of water supply wells to meet the needs of the following water treatment plants as
envisioned in the next twenty (20) years:
Agenda Item No. 100
June 8, 2004
- 27- 310f136
.'- 1. Add 12 mgd to South County Regional Water Treatment Plant by 2006
2. New 10-mgd Northeast Regional Water Treatment Plant by 2009
3. Add 10 mgd to Northeast Regional Water Treatment Plant by 2016
4. New 8-mgd Southeast Regional Water Treatment Plant by 2020
5. Add 12 mgd to Southeast Regional Water Treatment Plant by 2024
6. Replace 12 mgd MS with 12-mgd RO at North County Regional Water Treatment Plant by a date
to be detennined
Although not specifically identified in the "2002 Water Master Plan Update," the original vision of the
County's existing North Regional Water Treatment Plant was a 20-mgd brackish water RO treatment
process. The plan was to initially build 12 million gallons per day (mgd) of freshwater membrane
softening (MS), followed by adding 8 mgd of brackish water reverse osmosis (RO), and ultimately
replacing the 12-mgd MS process with a 12-mgd brackish water RO process. The facility exists today as
a 12 mgd MS and 8 mgd RO split-stream plant. Replacing the existing MS process with brackish water
,- RO will require additional brackish water supply wells. However, the results of the proposed Saltwater
Reverse Osmosis Feasibility Study may adjust this plan in that some or all of the of the existing MS
process would be replaced with saltwater RO which would require new saltwater supply wells, and
possibly, recommissioning existing wells that have been taken out-of-service because of excessive
salinity.
The scope may also include water supply wellfield reliability improvements and expansions that may be
defined in future Water Master Plan updates, but may consist of variations on the proposed public water
supply wellfields and related raw water transmission mains and pumping facilities; supplemental water
supply wellfields, aquifer storage and recovery wellfields, and assistance in troubleshooting and repairs
to failed wells of all types covered by the RFP; and water supply reliability improvements at existing
water transmission and treatment facilities.
,-
Agenda Item No. 100
June 8, 2004
- 28- 32 of 136
-- '----'~-"-'~,._-.."-- ~- ,- "-----..--."
WORK ORDER # 04-01
Agreement Cor ProCessional Engineering Services
Contract #04-3593, Dated June 8, 2004
This Work Order is for professional engineering services for work known as:
Project: Wellfield Reliability Improvements and Expansion Program
The work is specified in the proposal dated May 20, 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 #04-01 is assigned to Camp, Dresser, & McKee, Inc.
SeoDe of Work: See Attachment A - Scope of Services ProCessional Engineering Services for
the Wellfield Reliability Improvements and Expansion Program.
Schedule of Work: Complete work within schedule as shown in Section 8 of Attachment A
commencing on 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 time and material and lump sum amounts indicated in
the Attachment A (if a task IS time and material, use the established hourly rate(s) as
enumerated in Schedule "A" of the Agreement).
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.
PREP ARED BY:
Karl W. Boyer, P.E., PUED Principal Project Manager Date
APPROVED BY:
Stephen Y. Carnell, Purchasing Director Date
AUTHORIZED BY:
Paul Mattausch, Water Director Date
APPROVED BY:
Roy B. Anderson, P .E., Utilities Engineering Director Date
Approved as to Form and
Legal Sufficiency:
ACCEPTED BY:
Assistant County Attorney
Date:
Witnesses (2)
By:
Donald G. Munksgaard, P.E., DEE
Senior Vice President
Camp Dresser & McKee, Inc.
Fund: CC: G/L Account: Project Number:
Agenda Item No. 10D
June 8, 2004
33 of 136
,-
Collier County
ATTACHMENT A
Scope of Services
Professional Engineering Services for the Wellfield
Reliability Improvements and Expansion Program
.......-....
Contract Number 04-3593
Work Order 04-01
May 20, 2004
--
Agenda Item No. 100
June 8, 2004
34 of 136
,---,-."._. -,. ,-
Attachment A
TABLE OF CONTENTS
Contract Number 04-3593
Work Order 04.01
WELLFIELD RELIABILITY IMPROVEMENTS AND EXPANSION PROGRAM
May 20, 2004
Program Management, Proposed Water Supply Development Plan, and
Operation and Technical Support............................................. ........ Section 1
Part A - Program Management
Program Management consisting of contract administration, quality assurance oversight to
facilitate work done by Consultant or others, engineering, project management, planning,
property acquisition, design, permitting, and construction oversight to facilitate work by
Consultant or others, of public water supply wellfield projects for the Collier County Public
Utilities Engineering Department.
Estimated Cost Time and Materials $875.000
Lump Sum $166,000
Part A - Estimated Total Cost $1,041,000
Part B - Proposed Water Supply Development Plan
Methods to increase reliability and sustainability for existing supply sources such as aquifer
storage and recovery optimization, standby capacity, and repair and replacement frequency
will be evaluated for potential improvements, The results of the evaluations will factor in to
the schedule of delivery for reliability supplies, how existing supplies will be operated, and
how future supplies will be developed for reliability and sustainability. A Proposed Water
Supply Development Plan shall be developed in anticipation of the next update to the Collier
County Water Master Plan.
Estimated Cost Time and Materials $90,000
Lump Sum $205,000
Part B - Estimated Total Cost $295,000
Part C - Operation and Technical Support
Certain operating activities related to water supply require periodic support form professional
engineers. This support may be necessary in the form of operations assistance or technical
assistance. In addition, the procurement of services and goods as well as the current Land
Development Code will be reviewed for opportunities to streamline the processes.
Estimated Cost Time and Materials $135,000
Lump Sum $305.000
Part C - Estimated Total Cost $440,000
Section 1 - Parts A Band C
Estimated Total Cost: $1,776.000
High Pressure Reverse Osmosis Feasibility Study............................... Section 2
Several Lower Hawthorn aquifer production wells used to feed the North County Regional
Water Treatment Plant (NCRWTP) reverse osmosis trains have failed because of the
intrusion of high-salinity water. The High Pressure Reverse Osmosis (RO) feasibility study
will evaluate the use of these wells as a source of additional supply for high pressure RO
treatment at the NCRWfP.
Estimated Total Cost Lump Sum $150,000
Tamiami Wellfield Reliability Extension........ >. > >.0..................... ......... ............ Section 3
CDWI Agenda Item No. 100
Palgees talf~04
35 of 136
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04.doc
Table of Contents
May 20,2004
-
In order to further increase the reliability of the wellfield. the County plans to add
approximately one well per year or as deemed necessary under reliability criteria to meet
inventory needs. The project includes hydrogeologic testing and data analyses needed for
evaluating and recommending areas for testing for additional wells to supply raw water in the
Golden Gates Estates area.
Estimated Cost Time and Materials $10,000
Lump Sum $172.500
Estimated Total Cost $182,500
Mid Hawthorn Wellfield Reliability Extension........................ ........................... Section 4
In order to further increase the reliability of the wellfield, the County plans to add
approximately one well per year or as deemed necessary under reliability criteria to meet
inventory needs. The project includes hydrogeologic testing (not included in fee estimate)
and data analyses needed for evaluating and recommending areas for additional wells to
supply raw water for this wellfield.
Estimated Cost Time and Materials $10,000
Lump Sum $127.000
Estimated Total Cost $137,000
Lower Hawthorn Wellfield Reliability Extension...................................... Section 5
In order to further increase the reliability of the wellfield, the County plans to add
approximately one well per year or as deemed necessary under reliability criteria to meet
inventory needs. The project includes hydrogeologic testing (not included in fee estimate)
and data analyses needed for evaluating and recommending areas for additional wells to
supply raw water for this wellfield.
Estimated Cost Time and Materials $25,000
Lumo Sum $204.000
Estimated Total Cost $229,000
New NERWTP Wellfield........ ............. ................. ....... ......,............... ................. ... Section 6
The project includes hydrogeologic testing and data analyses needed for evaluating and
recommending areas for testing for a wellfield to supply raw water to the proposed Northeast
Regional Water Treatment Plant (NERWTP). This scope also includes consideration of other
bulk water suppliers that may want to supply water to the County.
Estimated Cost Time and Materials $165,000
Lump Sum $750.000
Estimated Total Cost $915,000
SCRWTP Well field Expansion to 20 mgd ............................................................ Section 7
Services to perform hydrologic testing, prepare Water Use Permits, and design the
production wells have been authorized by County. The project includes preparation of a
design report, preliminary and final design drawings and specifications for construction of the
raw water transmission main and wells, construction bid services, construction contract
administration, and detailed observation of well construction for a 12 mgd expansion of the
SCRWTP wellfield to 20 mgd.
Estimated Cost Time and Materials $945,460
Lump Sum $664.258
Estimated Total Cost $1,609,718
.- Program Schedule ...................................... ............. ............... ..... .......... .............. Section 8
CDM Agenda Item No. 100
P.~~f~04
36 of 136
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ccntenla 5-21).04.doc
~.._--,---"_._..-".~ ~ -~..~ -.
.
Table of Contents
May 20, 2004
Total Estimated Cost Work Order Number 1: $4,999,218
COM Agenda Item No.1 OD
p.e~f~04
37 of 136
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contents 5-2()-04,doc
Attachment A
.-
Contract Number 04-3593
Work Order 04-01
PROGRAM MANAGEMENT
PROPOSED WATER SUPPLY DEVELOPMENT PLAN and
OPERATION AND TECHNICAL SUPPORT
SCOPE OF SERVICES
WELLFIELD RELIABILITY IMPROVEMENTS AND EXPANSION PROGRAM
May 20, 2004
A. Program
A.1. DESCRIPTION OF PROGRAM
A.1.1 Program Background
Existing needs for additional reliability, coupled with an extremely high rate of
growth, have prompted Collier County (County) to move forward with a
,,,-~~ comprehensive plan to improve and expand its wellfield system.
The purpose of the Wellfield Reliability Improvements and Expansion Program is
to develop and implement a water supply master plan and to provide additional
wells to meet requirements for reliability, and to acquire and develop new
wellfields to accommodate growth in an organized and environmentally sound
manner. The estimated time range for the Program implementation is eight to
eleven years.
A. 1.2 Program Structure
The Professional Engineering Services Agreement (Agreement) will be an 8-year
Work Order Agreement. The Agreement contains an option for three one-year
renewals.
~-....
COM Page 1 of 34 Agenda Item No.1 00
June 8,2004
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U,",_ -- ~,~--~.,-.- ,--
Attachment A
Contract Number 04-3593, Work Order 04-01
Program Management
May 20, 2004
The Agreement is based on the County standard Work Order Agreement with a
negotiated Work Order prepared and submitted to the County to be executed
subsequent to the approval of the overall Agreement.
CDM will act as the prime Consultant in the Agreement and perform the Program
Management Services with assistance as needed from the rest of the Team.
The Program Team is comprised of CDM as the lead, and Greeley and Hansen
(G&H), Water Resource Solutions (WRS), RKS Consulting Engineers, and
Wilson Miller.
This Program Management scope of services developed for Work Order Number
1 is for an initial 2-year period from signing of the Program Contract. Project
element scopes are developed separately and with project specific time frames.
A. 1.3 Program Management Scope of Services
Provide Program Management consisting of contract administration, quality
assurance oversight to facilitate work done by Consultant or others, engineering,
project management, planning, property acquisition, design, permitting, and
construction oversight to facilitate work by Consultant or others, of public water
supply wellfield projects for the Collier County Public Utilities Engineering
Department.
Professional services to be provided may include, but are not limited to, planning,
engineering, surveying, hydrogeology, geology, exploratory well drilling and
testing, laboratory analysis of groundwater quality, construction engineering and
COllI Page 2 of 34 Agenda Item No.1 OD
June 8, 2004
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Attachment A
.- Contract Number 04-3593, Work Order 04-01
Program Management
May 20, 2004
inspection, assistance during start-up, training, assistance during warranty
service period, assistance with property acquisition, peer review, permitting,
public relations, value engineering, quality assurance oversight, expert testimony,
assistance securing and administering grant funding, interaction with Public
Utilities Engineering Department staff, Water Department staff, and related
County agencies, and overall coordination and tracking of all wellfield acquisition
and development activities.
A. 1.4 Program Projects
There are a number of projects for the Program that need to start implementation
this year to meet the capital improvement plan schedule. These projects are
included in Work Order Number 1 as follows:
. Program Management
. Proposed Water Supply Development Plan
. Seawater Desalination Feasibility Study
. Tamiami Wellfield Reliability Extension
. Mid-Hawthorn Wellfield Reliability Extension
. Lower Hawthorn Wellfield Reliability Extension
. New 10-mgd Northeast Regional Water Treatment Plant Water
Supply
. Add 12 mgd to South County Regional Water Treatment Plant
Reverse Osmosis Water Supply
-.
CDM Page 3 of 34 Agenda Item No.1 00
June 8, 2004
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- --~~-----------"-"'--"'-'-' --- __'__.m .._~." "-~'-
Attachment A
Contract Number 04-3593, Work Order 04-01
Program Management
May 20, 2004
Projects to be Coordinated in Work Order Number 1 under Program
Management, that are currently enrolled or being negotiated under Annual
Contracts for Miscellaneous Utility Engineering Services include:
. Golden Gate Wellfield Additional Well 33, Contract 00-3119, Work
Order Number CDM-FT -03-02
. Golden Gate Wellfield Well 34, Contract 00-3119, Work Order
Number CDM-FT-04-07
. Golden Gate Wellfield Water Use Permit Modification, Contract 00-
3119, Work Order Number CDM-FT-03-03
. Fast Track Water Supply Wells for the NCRWTP, Contract 00-
3119, Work Order Number HS-FT-04-01
This scope of services includes Program Management coordination of activities
and/or completion of those contracts under the Wellfield Reliability Improvements
and Expansion Program based on the County request. This scope also includes
review of other scopes and recommended changes, if necessary, to ongoing
contracted activities (not specifically contracted to members of the Program
Team) pertaining to public water supply wellfield projects.
A.2. PROGRAM MANAGEMENT
This scope includes project administration services necessary for overall
coordination of the Program such as:
. Develop detailed Program schedules
. Submit Program status reports on a monthly basis
. Coordinate with the County program manager Karl Boyer, P.E. on all
aspects of the Program
CDNI Page 4 of 34 Agenda Item No. 100
June 8, 2004
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Attachment A
,- Contract Number 04-3593, Work Order 04-01
Program Management
May 20,2004
. Facilitate communication between the County and the Program Team
. Schedule and conduct status meetings
. Schedule technical review meetings
. Schedule and conduct monthly review meetings and update the
schedule
. Attend and provide updates for the Water Resources Steering
Committee meetings
. Coordinate permitting activities between projects with the County
. Coordinate property requirements for acquisition
. Develop a public involvement program and coordinate public
involvement activities between projects
._, . Review and manage the Program budget
. Identify conventional and alternative funding sources
. Participate in eminent domain proceedings
. Submit Quality Control Procedures Plan
A.3. PROGRAM ADMINISTRATION
Provide experienced management staff to administer and manage the consulting
services provided. This management staff will be directly responsible to the
County for providing the resources needed to perform consulting functions.
Recognizing the dynamic nature of services, which are required, as well as the
challenging time schedules generally necessary for these assignments, it is the
intent of the Program Manager to make available engineering staff, and
specialized experts to address specific issues, available to the County.
-
CDIII Page 5 of 34 Agenda Item No.1 00
June 8, 2004
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.
Attachment A
Contract Number 04-3593, Work Order 04-01
Program Management
May 20, 2004
A.4. PROGRAM MEETINGS
The Program Manager shall coordinate various types of meetings to include
those outlined below.
A.4.1 Recurring Activities (Time and Materials)
This coordination will require the Program Manager to establish meeting time,
date, and place; notify meeting attendees; prepare and circulate the meeting
agenda in advance of the meeting; conduct the meeting; identify action items and
responsible parties; and prepare the meeting summary. The Program Manager
shall also assist in determining clear purposes for meetings, in an attempt to
minimize unnecessary meetings.
Technical Review Meetinos. Coordinate and attend meetings with the
Project Managers and the County staff for technical reviews. These technical
review meetings will be scheduled and conducted by the Project Managers in
accordance with design review procedures.
Board Presentation/Briefinos. When requested, make presentations at
Board meetings. It is anticipated that presentations regarding Program status
with respect to project costs, schedules, technical issues, or contract
procurement issues may be required.
In addition to the activities listed above, the Program Manager will also assist the
County with the following activities:
CDM Page 6 of 34 Agenda Item No. 10D
June 8, 2004
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Attachment A
..- Contract Number 04-3593, Work Order 04-01
Program Management
May 20, 2004
. Wastewater Project Review Board Meeting As Needed
. Provide input to update the status of project Quarterly
work identified in the Public Utilities Division
Annual Work Plan and Strategic Goals
. Revise or amend SFWMD Alternative Water Annual
Supply Grants
. Prepare approvable Executive Summaries and As Needed
PowerPoint presentations for items requiring
Board action
A.4.2 Recurring Meetings (Lump Sum)
Program management services shall include the associated preparation,
attendance, and reports for the following County meetings and to coordinate the
Wellfield Reliability Improvements and Expansion Program with ongoing County
- activities.
. PUED Section Staff Meetings Weekly
. Water Project Review Board Meeting Monthly
. Update Project Budget Tracking Worksheet Monthly
when purchase orders, purchase order
modifications, and/or notices to proceed are
issued
. Water Projects Budget Tracking Status Report Monthly
. Wellfield Steering Committee Monthly
. County Manager's Capital Project Tracking Quarterly
Status Report
. Meeting: County Manager's Capital Project Quarterly
Tracking (PowerPoint Presentation, one
rehearsal, one presentation)
. Provide input to update the status of project Quarterly
- work identified in the Public Utilities Division
CDWI Page 7 of 34 Agenda Item No. 100
June 8, 2004
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._..~ . ,.. ._-~-_.~- --,~,,'.' -_..'-"-- ---.. ---
Attachment A
Contract Number 04-3593, Work Order 04-01
Program Management
May 20, 2004
Annual Work Plan and Strategic Goals
All lump sum fees established in this task are based upon the meeting identified
in this task. All services provided by the General Program Manager are included
in this scope. Any substitute at a meeting or preparation and follow up for the
manager representative is included as part of this scope.
A.5. PROGRAM PERMITTING COORDINATION
All permitting correspondence shall be through the County unless authorized in
writing by the County. Permitting activities are included within each of the
individual Program projects. The Program Manager shall assist the coordination
of overall permitting activities of the Project Consultants with respect to technical
issues through development and maintenance of a master list of permits
including current status of milestone dates and criteria to provide an easily
accessible reference for Program components.
Permits that shall be tracked and coordinated include but may not be limited to:
. Collier County Health Department
. Collier County Building Department Water Well permitting section
. FDEP permit application for construction of the pumping and transmission
facilities required by 62-555 "Permitting, Construction, Operation and
Maintenance of Public Water Systems"
. Site Development Plan applications required by the Collier County
Development and Environmental Services Division
. SFWMD Water Use Permits
mM Page 8 of 34 Agenda Item No.1 00
June 8, 2004
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Attachment A
.~,.....'" Contract Number 04-3593, Work Order 04-01
Program Management
May 20, 2004
. Conditional Use Applications
. FDEP/ACOE Environmental Resource Permits
. Collier County Right-of-Way Permits
The Program Team will coordinate contact with these agencies through the
County Project Manager. Program Manager will oversee the sampling for
clearance activity in conjunction with FDEP and the Collier County Water
Department Laboratory, as well as:
. Coordination and timing for testing to bring facilities on line
. Transmission of test results
- . Coordination in obtaining passing tests
Program Team will coordinate and assist the project teams and the contractor(s)
with obtaining the following permits:
. Obtaining the water well construction permit required by the South Florida
Water Management District (SFWMD)
. Obtaining bacteriologic clearance in accordance with FAC 62-555
. Preparation, and submittal of Building Department Construction Permits;
the contractors shall be responsible for obtaining all Building Department
permits
A.6. PROGRAM PROPERTY ACQUISITION COORDINATION
.-
COM Page 9 of 34 Agenda Item No. 10D
June 8, 2004
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Attachment A
Contract Number 04-3593, Work Order 04-01
Program Management
May 20, 2004
The Program Manager shall be responsible for coordination and facilitation of the
project teams for property acquisition services as well as providing assistance
and support to the acquisition efforts of the County, including but not limited to
identifying property and/or easements required for construction and operation of
the water supply facilities, technical support in negotiations with property owners,
survey review, legal and other property description review, route maps,
dimensions and specifications, and other services necessary to support eminent
domain takings and other property acquisition needs.
A.7. PROGRAM PUBLIC INFORMATION
The Program Manager team shall coordinate, facilitate and work. with the County
Public Information Officer to develop a public involvement/information program
for the Program projects to promote public acceptance by involving stakeholders,
inviting input, communicating with stakeholders, and addressing questions and
issues for the Program and projects. This may include, but not be limited to the
use of the following:
. Conduct open house meetings for Program projects
. Provide project updates and fact sheets to the media and public
. Maintaining a web information site on program/project status
. Neighborhood meetings prior to construction
. Collier County staff updates
. Collier County Board updates
Schedule Stakeholder Meetings
COM Page 10 of 34 Agenda Item No. 100
June 8, 2004
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Attachment A
Contract Number 04-3593, Work Order 04-01
Program Management
May 20,2004
In coordination with the County Public Utilities Department Public
Information Officer. the Program Manager shall develop a plan for holding
stakeholder meetings for Program projects, and will schedule the
meetings. The stakeholders will likely include both members of the public
(e.g. local residents and business owners), and County staff.
Develop Media Relations Plan
In coordination with the County Public Utilities Department Public
Information Officer, the Program Manager shall:
. Develop a plan for media relations, including:
. News releases with summary project information
. Format of project fact sheets and brochures, and content of first
fact sheet
. Plan response to requests for information
Newsletter
In coordination with the County Public Utilities Department Public
Information Officer, the Program Manager shall develop a plan for a
newsletter. including:
. Identification of a target audience and distribution method and
frequency
. Identification of items to be included in a newsletter
. Assignment of responsibilities to develop technical and non-
technical content
,-
CDWI Page 11 of 34 Agenda Item No. 10D
June 8, 2004
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Attachment A
Contract Number 04-3593, Work Order 04-01
Program Management
May 20,2004
A.8. PROGRAM SCHEDULE
The Program Team shall develop and maintain a realistic Critical Path Program
schedule utilizing the latest version of MS Project scheduling software. This
schedule will contain detailed Program project schedules developed in the initial
phase of the Program work.
Project milestones shall be established for each major project goal to be
achieved. Work activities will be broken down into sufficient detail for utilization of
semi-monthly work planning and tracking.
The status of the Program schedule shall be discussed in Program team semi-
monthly planning meetings. This schedule will be updated and shall be
submitted to County staff with a written progress report for review with each
monthly invoice to show actual current progress. Specific action plans and
recovery schedules shall be established to correct any schedule slippage that
may be identified. The overall schedule shall be developed based on the kickoff
meeting and County input.
A.9. PROGRAM CONSTRUCTION ADMINISTRATION.
The Program Manager shall provide coordination services for Construction
Administration during bidding that include the following responsibilities:
. Attend the Project pre-bid conferences
. Review addendums for completeness prior to issuance
COM Page 12 of 34 Agenda Item No. 10D
June 8, 2004
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Attachment A
Contract Number 04-3593, Work Order 04-01
,.-' Program Management
May 20,2004
. Review the Project Recommendation of Award letter for
completeness prior to transmittal to the County
. Review copies of the conformed bid documents and log of
distributed copies
The Program Manager shall provide coordination services for Construction
Administration that include the following responsibilities:
. Attend pre-construction and construction progress meetings to
update monthly Program schedules and budgets
. Review/edit meeting minutes
. Receive and review project Request for Information logs once a
week
. Assist with change order resolution and receive copies of
complete change orders
. Track Project schedule and expenditures and update the
Program schedule and budget monthly
. Review final completion and Project closeout records for
completion
. Provide assistance as required to Project for start up and
Operations and Maintenance training
. Verify satisfactory preparation of project certifications
. Provide assistance with warranty service requests and claims
adjustments
-,
CDfJI Page 13 of 34 Agenda Item No. 10D
June 8,2004
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Attachment A
Contract Number 04-3593, Work Order 04-01
Program Management
May 20, 2004
. Provide additional assistance for special meetings, special
reports, County request to change design (materials,
equipment, or configuration) during construction, special testing,
or coordination with agencies having jurisdiction during
construction
A.10. PROGRAM QUALITY ASSURANCE AND REVIEW
The Program Manager shall manage the Program and perform administrative
tasks for the Program to assist the County in completing projects within budget
and schedule. The Program Manager shall use a progress monitoring system to
track project team expenditures and product completion, providing the basis for
Program Manager actions; use a monthly review process that estimates level of
effort to complete and determines value earned, providing the basis for work plan
modifications to meet budget and schedule; manage staff resources and
subconsultants to provide timely product generations and response; and conduct
a quality control review and check work products before final submittal to the
County.
Program quality assurance includes "Sign-ofr by the Program Manager that the
following steps have been properly conducted prior to formal submittal of final
work products:
. "Sign-off" by Project Managers and Task managers prior to submittals
CDWI Page 14 of 34 Agenda Item No. 10D
June 8, 2004
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Attachment A
Contract Number 04-3593, Work Order 04-01
Program Management
May 20,2004
. Department or functional discipline checking of computations,
drawings, research/interview findings and specifications for technical
accuracy and functional acceptability
Program Management Deliverables:
. Monthly Program schedule updates
. Monthly Program budget updates
. Quality Assurance Plan
. Attendance at County meetings identified in Section A.4.2
A.11. ADDITIONAL SERVICES
The Consultant will provide an allowance for additional services that can be used
for unanticipated items related to but not limited, planning, engineering,
surveying, hydrogeology, geology, exploratory well drilling and testing, trouble-
shooting and testing of existing wells, laboratory analysis of groundwater quality,
construction engineering and inspection, assistance during start-up, training,
preparing or revising operation plans, wellfield alignment studies, assistance
during warranty service period, assistance with property acquisition, peer review,
permitting, public involvement, value engineering, quality assurance oversight,
expert testimony, assistance securing and administering grant funding,
mM Page 15 of 34 Agenda Item No. 10D
June 8, 2004
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------,_.'.,-' ._~_. -'- ."--'"'>" -"" --
Attachment A
Contract Number 04-3593, Work Order 04-01
Program Management
May 20,2004
interaction with Public Utilities Engineering Department staff, Water Department
staff, and related County agencies, and overall coordination and tracking of all
wellfield maintenance, repair, acquisition, development and construction
activities. The costs for unanticipated work items shall be agreed upon by the
County and Consultant and as authorized by the County. Compensation to the
Consultant for performance of Additional Services as well as the specific services
to be performed and time of completion shall be approved by the County's
Project Manager in writing in advance of performance of said Additional Services.
Out of scope services must be identified by the Consultant prior to the
performance of the work. Failure to notify the County in writing of out of scope
services shall be deemed a waiver of any claim by Consultant that such services
were out of scope services. Additional written authorization from the County will
be required for any charges that exceed the predetermined upper limit.
TASK A SUMMARY OF COST FOR A TWO YEAR PERIOD:
Section A - Program Management - $750,000
Time and Materials (less Sections A.4.2 and A.11)
Section A.4.2 - $166,000 Lump Sum
Section A.11 - $125,000 Time and Materials
Total Section A Cost: $1,041,000
B. Proposed Water Supply Development Plan
8.1. DESCRIPTION OF PROJECT
A Proposed Water Supply Development Plan shall be developed in anticipation
of the next update to the Collier County Water Master Plan. Collier County is
faced with rapid population growth and because of that, potential conflicts
between existing water users and future water supplies necessitate that utility
CDIII Page 16 of 34 Agenda Item No. 100
June 8, 2004
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Attachment A
- Contract Number 04-3593, Work Crder 04-01
Program Management
May 20, 2004
expansions be very well coordinated. Methods to increase reliability and
sustainability for existing supply sources such as aquifer storage and recovery
optimization, standby capacity, and repair and replacement frequency will be
evaluated for potential improvements. The results of the evaluations will factor in
to the schedule of delivery for reliability supplies, how existing supplies will be
operated, and how future supplies will be developed for reliability and
sustainability.
B.2. REGIONAL WELLS RELIABILITY ASSESSMENT
Several Lower Tamiami aquifer and Lower Hawthorn aquifer production wells
have failed. In order to assess the reliability of the fresh and brackish-water
supply wells, a regional assessment of all of the regional wellfields tapping
Tamiami and brackish-water aquifers will be made. The investigation shall
include the following wellfields: City of Marco Island, City of Cape Coral, City of
Fort Myers, Island Water Association, Inc. (Sanibel Island), Bonita Springs
Utilities, Inc., Greater Pine Island Water Association, City of Venice, City of
Sarasota, and Sarasota County. The data to be obtained from these other
regional utilities will include but not be limited to: number of fresh and brackish-
water wells, past changes in water quality, pumping rates for individual wells,
number of pump failures, number of well failures, number of wells replaced,
number of standby wells, current plans for wellfield expansion, and replacement
budgets for pumps and wells. This information will be used along with the solute
transport model to assess the number of wells that need to be constructed in
_.- future years at each Collier County Wellfield to maintain full reliability.
COM Page 17 of 34 Agenda Item No.1 00
June 8, 2004
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--- '__.._m" --- '-~'~
Attachment A
Contract Number 04-3593, Work Order 04-01
Program Management
May 20, 2004
Deliverable:
. Technical memorandum
Task Cost: $20,000 Lump Sum
B.3. ASSESSMENT OF RAW WATER TRANSMISSION SYSTEM
There are a number of collection pipeline capacity issues between the existing
wellfields and the treatment plants. As reliability wells are added to the Lower
Tamiami aquifer wellfield in Golden Gate Estates, the hydraulic capacity of the
pipeline from the wells to the plant becomes a more significant issue. The
pipelines shall be modeled using KY Pipe 2000, including the Booster Pump
Station and delivery lines, to assess hydraulic capacity and to determine if the
use of additional pumping stations, new pipelines, or the increase in the capacity
of pumping stations to convey the raw water to the plants are required. The
factors that shall be assessed consist of:
. Permitting
. Right-of-way cost
. Pumping costs
. Piping costs
. Operational issues
. Operation & Maintenance costs
Deliverable:
. Technical memorandum
CDWI Page 18 of 34 Agenda Item No. 10D
June 8, 2004
I\F"'_IPropouIa\P~~W__..-.oIy Improwmo,.\llnftCMbdW,"" OnIofo\FNI Dcam_ ....,20, ~_ ~onl~,ef 136
Attachment A
Contract Number 04-3593, Work Order 04-01
,>- Program Management
May 20,2004
. Hydraulic model
Task Cost: $35,000 Lump Sum
8.4. AQUIFER STORAGE AND RECOVERY ASSESSMENT
8.4.1 Potable Water Aquifer Storage And Recovery
Assessment
The number of seasonal residents of Collier County is increasing each year and
the peak day to average day ratio in parts of the distribution system is very high.
Collier County has implemented the Manatee Road ASR system, which has
increased potable water delivery efficiency and reliability to the southernmost
part of the distribution system. The County is currently beginning efforts on the
Carica Road ASR project and expansion of the Manatee Road ASR system,
which will increase the ASR storage capacity in the system. Increasing seasonal
storage of potable water will significantly reduce the overall cost of the utility
system by reducing the peak demand capacity at the treatment facilities.
Other ASR systems should be added to the utility system at strategic locations
within the distribution system. The objectives of the additional ASR capacity are
reduction in underutilized water treatment plant capacity to meet short-term peak
demands, obtaining strategic storage for emergencies and severe droughts, and
lowering costs of constructing parallel water transmission lines into areas, where
seasonal peak demands are severe. Tasks include the following:
. An evaluation will be performed on the potential role of ASR for the
--, optimization of potable water management in Collier County. Historical
CDM Page 19 of 34 Agenda Item No. 10D
June 8, 2004
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-......." ...-"
Attachment A
Contract Number 04-3593, Work Order 04-01
Program Management
May 20, 2004
and projected (20 years) potable water demands will be compared to
potable water production capacity to quantify both peaks in water demand
that could be met by ASR systems and the volume of water seasonally
available for ASR system recharge. The combined potable water
production and demand data will be used to develop planning level criteria
for the expansion of ASR system capacity within the Collier County Utilities
service area.
. An assessment of the potential locations for new ASR systems near
pumping stations and water treatment plants, the possible expansions of
the existing systems, an assessment of the aquifers that could be used for
storage, and inclusion of the ASR expansion in the Water Master Plan.
. Provide economic and technical evaluation of potable ASR system
expansion as compared to water treatment plant expansion or transmission
system upgrades.
. Cost estimates shall be prepared for the design and construction of the
ASR systems as well as the land acquisition for well sites, right-of-way, and
pipelines.
Deliverable:
. Technical memorandum
Task Cost: $65,000 Lump Sum
CDVI Page 20 of 34 Agenda Item No. 10D
June 8, 2004
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Attachment A
Contract Number 04-3593, Work Order 04-01
-"... Program Management
May 20,2004
8.4.2 Non-Potable Water Aquifer Storage And Recovery Assessment
Aquifer storage and recovery systems are being pursued for use in the reclaimed
and storm water supply systems. Some of these ASR systems may utilize the
brackish-water aquifers used for obtaining raw water for public supply. Because
of the public concerns over the potential indirect reuse of water and the potential
for interference with existing and future supply and storage wells, the County
needs to plan and coordinate all ASR systems with the plans for additional water
supply development from the Hawthorn and Suwannee aquifer systems. The
groundwater models developed under Task C will be used to evaluate the
potential for interference between potable and non-potable ASR wells and
brackish-water supply wells. This task shall include investigation of the locations
-
of potential reclaimed water ASR systems spatially within Collier County west of
State Road 29 and identify the aquifers that would be the most acceptable
storage zones for non-potable water from the technical, permitting, and public
perspectives.
Deliverable:
. Technical memorandum
Task Cost: $45,000 Lump Sum
B.5. COMPLETION OF PROPOSED WATER SUPPLY DEVELOPMENT
PLAN REPORT
Based on evaluations developed in Tasks B.1 through B.4, a Proposed Water
Supply Development Plan report will be developed including an executive
._-
ClIVI Page 21 of 34 Agenda Item No. 100
June 8, 2004
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_.~-, -- --
Attachment A
Contract Number 04-3593, Work Order 04-01
Program Management
May 20,2004
summary, introduction, and recommendations. The plan shall include 20-year
recommendations for the following:
. Estimated number and size of wells and corresponding source
. ASR elements to meet raw water demands and reliability improvements
. Implementation schedules
. Capital costs to budget long term well replacement for reliability purposes
in maintaining yields from the:
. Lower Hawthorn aquifer
. Mid-Hawthorn aquifer
. Lower Tamiami aquifer
. The land, right-of-way and well costs shall be summarized for inclusion in
the CIP
. Additional costs will be presented for:
. Storage in the form of ASR
. Updating of the monitoring of the aquifer system
. Improvements
. Well easements, well spacing, and pipeline easements
. The plan shall be coordinated with the Real Estate Services and
Community Development Environmental Services
. The plan shall also be coordinated with the County Water Master Plan
consultant
Task Cost: $40,000 Lump Sum
B.6. PUBLIC INVOLVEMENT FOR THE DEVELOPMENT OF THE PLAN
CDNI Page 22 of 34 Agenda Item No. 10D
June 8, 2004
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Attachment A
Contract Number 04-3593, Work Order 04-01
Program Management
May 20, 2004
Public acceptance of the Proposed Water Supply Development Plan is critical to
maintaining the public trust and assuring the long-term viability and operating of
the water system. The wellfield reliability plan should ultimately be incorporated
into the water master plan and updated as appropriate. This will be accomplished
by:
. Assisting the County to develop a PowerPoint presentation and
brochures showing the plan and the aquifer system to assist in helping
the public understand the system
. Assisting the County to distribute key information about the plan
. Assisting with coordination with the Lower West Coast Water Supply
,-, Plan
. Assisting with coordination with the DCA 1 O-year Water Supply Plan
. Assisting and coordinating with policy level development between County
Agencies
This scope does not include the cost of bulk production of brochures for
distribution.
Task Cost: $45,000 Time and Materials
B.7. ADDITIONAL SERVICES
The Consultant will provide additional services at costs agreed upon by the
County and Consultant and as authorized by the County, which may arise during
.~ the course of or following the implementation of the Wellfield Reliability
CDM Page 23 of 34 Agenda Item No. 10D
June 8, 2004
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Attachment A
Contract Number 04-3593, Work Order 04-01
Program Management
May 20,2004
Improvements and Expansion Program. Proposed Water Supply Development
Plan services can be provided under this item. Compensation to the Consultant
for performance of Additional Services as well as the specific services to be
performed and time of completion shall be approved by the County's Project
Manager in writing in advance of performance of said Additional Services. Out of
scope services must be identified by the Consultant prior to the performance of
the work. Failure to notify the County in writing of out of scope services shall be
deemed a waiver of any claim by Consultant that such services were out of
scope services. Additional written authorization from the County will be required
for any charges that exceed the predetermined upper limit.
Task Cost: $45,000 Time and Materials
TASK B SUMMARY OF COSTS
Lump Sum Cost of Task: $205,000
Time and Materials: $ 90,000
Total Section B Cost: $295,000
C. Operation and Technical Support
C.1. DESCRIPTION OF PROJECT
The rapid growth of population in Collier County and potential conflicts between
water users necessitates that the utility existing operations plans be very well
coordinated with the wellfield plans for the future. The development of water
supplies for all of the new water plants must be timed well in advance of the
design of these facilities and well coordinated with the current operations
COM Page 24 of 34 Agenda Item No. 100
June 8, 2004
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Attachment A
Contract Number 04-3593, Work Order 04-01
Program Management
May 20,2004
scenarios. The raw water supply for existing and future plants dictates the type of
treatment necessary.
Certain operating activities related to water supply require periodic support form
professional engineers. This support may be necessary in the form of operations
assistance or technical assistance.
In addition, conventional procurement activities may not be the most suitable for
all the existing annual projects. The procurement of services and goods as well
as the current Land Development Code will be reviewed for opportunities to
streamline the processes.
C.2. LOWER TAM lAM I AQUIFER/WATER-TABLE AQUIFER EXISTING AND
FUTURE USE SCENARIOS
The Lower Tamiami aquifer has been an important source of raw water supply
for both the south lime-softening water treatment plant and the north membrane-
softening plant. Collier County made a detailed assessment of the availability of
water from the Lower Tamiami aquifer in the Golden Gate Estates in the late
1980s. The South Florida Water Management District set the safe yield of the
aquifer at 50 MGD in this limited area and both the existing users, the City of
Naples and the County have abided by this number for the past decade. The
safe yield withdrawal did not cover areas outside of the region modeled.
Therefore, the Surficial Aquifer System should be re-evaluated to assess the
economics of developing additional freshwater supplies in areas toward the
interior of the County and conveyance to the coast. This assessment shall
,.....". include:
CDIVI Page 25 of 34 Agenda Item No.1 00
June 8, 2004
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Attachment A
Contract Number 04-3593, Work Order 04-01
Program Management
May 20,2004
. Meetings with the South Florida Water Management District
. Meetings with willing landholders
. Preliminary modeling of withdrawal scenarios in compliance with the
current and projected water use rules
. Consideration of wetlands issues and interference with existing water users
. The use of fresh water from the Surficial aquifer for municipal purposes, as
the agricultural land areas are converted to less intense water demand
uses
. The overall cost of developing freshwater from the Surficial Aquifer System
shall be compared to the use of developing additional brackish-water
sources
. Consideration of using the Surficial Aquifer System for supply to the
proposed Northeast Regional Water Treatment Plant and for the Southeast
Regional Water Treatment Plant (Manatee Road)
Deliverable:
. Technical memorandum
Task Cost: $55,000 Lump Sum
C.3. BRACKISH-WATER AQUIFER SYSTEM MANAGEMENT MODEL.
The Lower West Coast Water Supply Plan has essentially dictated that the
brackish-water system will be the principal source of water supply for
municipalities in Southwest Florida. Brackish water is currently being withdrawn
for the North Collier County Regional Water Treatment Plant (NCRWTP) reverse
osmosis (RO) facility, the South Collier Regional Water Treatment Plant
CDM Page 26 of 34 Agenda Item No. 100
June 8, 2004
1",.._\PIopouIo\P_IelCo1I1orCounlylW__ ""_'m_IDroI\ Conbad\Wodl Oodo_.... Oocun_ May 20. 200W"'l1"'" _enl~,i)[ 136
Attachment A
Contract Number 04-3593, Work Order 04-01
Program Management
May 20,2004
(SCRWTP) RO facility, Bonita Springs Water System, and the City of Marco
Island. The brackish water is being withdrawn from the Hawthorn Aquifer System
and the uppermost part of the Suwannee Aquifer. There are projected additional
future withdrawals from these aquifers for the proposed Northeast Regional
Water Treatment Plant, an expansion of the SCRWTP, possible expansion of the
City of Marco Island RO plant, and a number of private developers for
supplemental water supply. Also, there are a number of aquifer storage and
recovery projects that are operating and projected for development in this same
aquifer system. No comprehensive assessment of the Hawthorn Aquifer System
and hydraulically-connected parts of the Suwannee Aquifer has been
accomplished in Collier County.
-
A comprehensive groundwater flow and solute transport model of the Hawthorn
Aquifer System, the Suwannee aquifer and affected parts of the deeper, saline-
water aquifers should be developed. The area of the model would include all of
coastal Collier County, as far west as Immokalee, and southern Lee County. This
area would be sufficient to assess any water uses that would impact the future
water supplies from this aquifer. The model would be developed as a
management tool to assess future water use decisions for Collier County,
including wellfield expansion potential, new wellfield locations, aquifers that
should be developed, the impacts of the overall withdrawals on future water
quality, an assessment of wellfield reliability for future use, and impacts of ASR
wells on the aquifer in terms of pressure and movement of stored water.
MODFLOW will be used for groundwater flow simulation and SEAWAT will be
-. used for the solute transport part of the model. The models shall be constructed
CDM Page 27 of 34 Agenda Item No. 10D
June 8, 2004
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Attachment A
Contract Number 04-3593, Work Order 04-01
Program Management
May 20, 2004
to allow the incorporation of hydrogeologic data collected in the future to improve
accuracy. The model will be calibrated by matching model results to historic
water levels and water quality data. The model shall be used to run various
aquifer development options to assess impacts on existing and future facilities.
This proposal includes the construction of the model and the running of up to 5
water use scenarios for wellfield development to look at well alignments and
long-term water quality. A copy of the model will be delivered to the County upon
completion of model runs.
Oeliverables:
. 5 model run outputs
. Copy of model
. Technical memorandum
Task Cost: $165,000 Lump Sum
CA. REVIEW OF EXISTING POTABLE WATER ASR PROTOCOLS
The number of seasonal residents of Collier County is increasing each year and
the peak day to average day ratio in parts of the distribution system is very high.
Collier County has implemented the Manatee Road ASR system, which has
increased potable water delivery efficiency and reliability to the southernmost
part of the distribution system.
The operational data and procedures for the Manatee Road ASR system will be
reviewed with the goal of optimization of system recovery efficiency. Of
CDWI Page 28 of 34 Agenda Item No. 100
June 8, 2004
I\F.._~...Colriy\W___1IIy Impoo_ID.oftColtlocAWodl 0nI0..v''''''' Docun....Way 00. 2000\P_I.la_enl~,Df 136
Attachment A
Contract Number 04-3593, Work Order 04-01
- Program Management
May 20,2004
particular concerning will be managing the trends of increasing salinity with
recovered volume. Variations in operating parameters, such as recovery rates
and volumes and rest periods, will be developed with operations staff to
determine the best methods of optimizing yields from the ASR system. The
results of the testing will be evaluated and a report will be prepared that
documents the historic data and testing results and includes recommended
operating protocols to maximum the recovery efficiency of the ASR system
(system yield).
Deliverables:
. Technical memorandum
Task Cost: $25,000 Time and Materials
C.5. ASSESSMENT OF THE BIOFOULlNG AND OPERATION OF THE
LOWER TAMIAMI AQUIFER
Bacterial growth in the Lower Tamiami aquifer production wells has been a
continuing maintenance problem at the North Regional Water Treatment Plant,
where the particulate bacterial mass accumulates on the pre-filters in front of the
membrane softening process equipment. The production wells are treated
periodically to control this problem, however, no comprehensive assessment of
the biofouling problem has been made.
Tasks include the following:
,-
CDWI Page 29 of 34 Agenda Item No. 10D
June 8, 2004
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Attachment A
Contract Number 04-3593, Work Order 04-01
Program Management
May 20,2004
. Conduct a microbiological groundwater assessment of the bacteria under
different pumping scenarios
· Identify the bacterial types on the filters and assess and evaluate methods
of controlling the growth of these organisms
. Review and update maintenance methods related to the detailed
microbiological assessment of bacteria
· Review and update standard operation procedures
Deliverable:
. Initial work plan
. Recommendations to update standard operating procedures
. Technical memorandum
Task Cost: $35,000 Lump Sum
C.6. PROCUREMENT AND IMPLEMENTATION STRATEGIES.
C.6.1 Develop Procurement Strategies
Work with County Purchasing Department to develop a procurement strategy for
reliability and expansion wells. Several alternative procurement options are
available to implement an infrastructure project. The Program Team shall
evaluate the best possible procurement method for each of the projects based on
the timing of the project implementation and how to best utilize the miscellaneous
services contractors. The possible procurement methods may include but not be
limited to:
. Traditional Design-Bid-Build (DBB)
CDVI Page 30 of 34 Agenda Item No. 10D
June 8, 2004
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Attachment A
Contract Number 04-3593, Work Order 04-01
.- Program Management
May 20, 2004
. Design-Build (D/B)
. Engineer Construction Manager at Risk (CM at Risk)
. Fixed-Term Contractor Services and County Equipment procurement
contracts
Each of these types of procurement strategies lend themselves to differing
projects within the scope of the Wellfield Reliability Improvements and Expansion
Program. The Program Team shall schedule and conduct a workshop to discuss
the best procurement scenario for each project. The results of the workshop will
be summarized and a generic bid specification to be used for the selected
procurement methods will be developed.
Deliverable:
. Technical memorandum
Task Cost: $40,000 Lump Sum
C.6.2 Procurement Strategy Implementation
Once a procurement strategy is identified, the procurement of services for
project implementation must be completed. The procurement implementation
strategies report shall identify the implementation items to be completed.
The Program Team shall work with County staff as necessary to implement
the strategies common to more than one project element and/or operational
support. Some of the items that may require implementation are things such
as modifying scopes for procurement of goods and services to conform to the
recommendations for procurement implementation. Provide technical
CDWI Page 31 of 34 Agenda Item No. 100
June 8, 2004
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Attachment A
Contract Number 04-3593, Work Order 04-01
Program Management
May 20,2004
assistance for development and review of terms and conditions for
procurement methods. Review draft contracts and service agreements,
including items such as performance guarantees, acceptance testing
procedures, and monitoring/reporting requirements. Evaluate and make
recommendations with regard to performance specifications, level of detail to
be provided in documents, basic design criteria, base bid criteria, alternative
bidding criteria, and evaluation criteria.
Task Cost: $50,000 Time and Materials
C.? REVIEW OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AS
IT APPLIES TO WELLFIELD RELIABILITY AND DEVELOPMENT
Enhancement of water supply reliability is a vital function of County government
and must be given a priority over bureaucratic processes. The Collier County
Land Development Code was passed to assure that land developers and
government agencies follow a process that assures that the public safety be
maintained and that private costs not be placed into a governmental framework
for payment. Use of the current Code could slow public utility projects and add
costs that are truly not justified. For an example, the design and construction of a
small improvement on an existing utility site could trigger an approval process
requiring public hearings and expensive legal consulting. A literal interpretation
could be that a new, more efficient pump replacement or addition to a system
would be deemed as a "significant" improvement and could trigger the site
development plan process.
CDW Page 32 of 34 Agenda Item No. 100
June 8, 2004
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Attachment A
- Contract Number 04-3593, Work Order 04-01
Program Management
May 20, 2004
As part of the water supply planning process, the Land Development Code will
be reviewed to assess what changes can be made to streamline the process and
'sti II maintain the best interests of the public. This review shall make
recommendations of exemptions by specifically defining what "improvements"
and "essential services" mean in the context of water supply facilities. The
recommendation shall include suggested draft language to modify the LDC for
County input for the next cycle of LDC amendments. Also, the exemption for
emergency actions would be considered as part of the review.
Task Cost: $10,000 Lump Sum
C.B. ADDITIONAL SERVICES
The Consultant will provide additional services at costs agreed upon by the
County and Consultant and as authorized by the County, which may arise during
the course of or following the implementation of the Departmental Support
activities. Additional services can be provided under this item. Compensation to
the Consultant for performance of Additional Services as well as the specific
services to be performed and time of completion shall be approved by the
County's Project Manager in writing in advance of performance of said Additional
Services. Out of scope services must be identified by the Consultant prior to the
performance of the work. Failure to notify the County in writing of out of scope
services shall be deemed a waiver of any claim by Consultant that such services
were out of scope services. Additional written authorization from the County will
be required for any charges that exceed the predetermined upper limit.
-
a:IVI Page 33 of 34 Agenda Item No. 100
June 8, 2004
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Attachment A
Contract Number 04-3593, Work Order 04-01
Program Management
May 20, 2004
Task Cost: $60,000 Time and Materials
TASK C SUMMARY OF COSTS
Lump Sum Cost of Task: $305,000
Time and Materials: $135,000
Total Section C Cost: $440,000
TOTAL PROGRAM SUMMARY OF COSTS
Total Lump Sum Cost of Program: $ 676,000
Total Time and Materials Cost of Program: $1,100,000
TOTAL ESTIMATED COST: $1,776,000
CDM Page 34 of 34 Agenda Item No. 10D
June 8,2004
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Attachment A
Contract Number 04.3593
Work Order 04..01
Scope of Services for the
High Pressure Reverse Osmosis Feasibility Study
Welltield Reliability Improvements and Expansion Program
May 20, 2004
A.1. INTRODUCTION
Several Lower Hawthorn aquifer production wells used to feed the North County
Regional Water Treatment Plant (NCRWTP) reverse osmosis trains have failed
because of the intrusion of high-salinity water. The High Pressure Reverse
Osmosis (RO) feasibility study will evaluate the use of these wells as a source of
additional supply for high pressure RO treatment at the NCRWTP. The study
examines the feasibility and impacts of such a change and how to incorporate
the facilities at the existing plant site.
A.2. KICKOFF MEETING
Consultant shall attend a project kickoff meeting with the County to review project
scope, key contacts, method of communications, deliverables, and schedule.
Task Cost: $3,500
A.3. PROJECT COORDINATION & COMMUNICATION.
Consultant shall coordinate activities with the County as necessary. Consultant
will prepare a summary of task activities for the invoice period.
Task Cost: $5,000
-,
CDM Page 1 of 5 Agenda Item No. 100
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72 of 136
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Attachment A
Contract Number 04-3593, Work Order 04-01
High Pressure Reverse Osmosis Feasibility Study
May 20, 2004
A.4. MEETINGS
Consultant will attend update meetings to review project progress. It is
anticipated that meetings will occur no more frequently than once a month (nine
meetings).
Task Cost: $7,500
A.5. WATER SUPPLY DEVELOPMENT
A. 5. 1 Data Collection of the Water Quality of the Groundwater Wells That Have
Become Unusable
Update available information on geologic and hydrogeologic data, well
construction, well and aquifer yield, and quality data from the unusable wells.
Develop appropriate tables and graphical representation of available data for
evaluation.
Task Cost: $5,000
A. 5.2 Preliminary Assessment
Provide a preliminary assessment of the feasibility of groundwater development
for high pressure RO. Assess the impacts of withdrawals on the aquifer with
respect to the overall wellfield management.
Task Cost: $5,000
A. 5.3 Water Treatment Assessment
Assess the water treatment necessary to produce the desired water quality from
the high pressure RO supply.
CDM Page 2 of 5 Agenda Item No. 10D
June 8, 2004
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Attachment A
Contract Number 04-3593, Work Order 04-01
High Pressure Reverse Osmosis Feasibility Study
May 20, 2004
. Identify the desired water quality for the water supplies from the high
pressure RO facility.
. Conduct a preliminary assessment of the treatment process necessary for
source to meet the desired water quality.
Task Cost: $5,000
A. 5.4 Concentrate Assessment
Assess the water quality of the concentrate from the high pressure RO process.
. Calculate the concentrate volume (flow) and quality for disposal.
>,-,
. Estimate the risks (assuming Class I Reliability) for disposal of the
concentrate.
. Evaluate increased concentrate volume with respect to current disposal
system.
Task Cost: $5,000
A.5.5 Existing Water Treatment Facilities Evaluation
Evaluate required modifications to Water Treatment Facilities for auxiliary
systems including the full load demand study, power quality, chemical feed, high
pressure feed pumps, and transfer piping. Evaluate the space requirements for
new equipment required and develop preliminary site layouts, including any
potential for additional building space.
Task Cost: $30,000
-,-
CDVI Page 3 of 5 Agenda Item NO.1 OD
June 8, 2004
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-'--
Attach ment A
Contract Number 04-3593, Work Order 04-01
High Pressure Reverse Osmosis Feasibility Study
May 20,2004
A5.6 Permitting Requirements
Identify Permitting and Regulatory Requirements including SFWMD WUP
modifications, FDEP construction permits, and modifications to the current FDEP
operating and disposal permits.
Task Cost: $5,000
A 5. 7 Cost Analysis
7.a. Analyze the capital costs of the treatment process and disposal.
7.b. Analyze the operating and maintenance costs for the water
treatment process and disposal.
7.c. Conduct a preliminary life cycle cost for the corresponding
treatment process and disposal, including salvage or disposal of
the existing equipment.
7.d. Develop a schedule for implementation.
Task Cost: $18,000
A5.8 Conceptual Layout
Develop one (1) conceptual design layout including additional supporting
drawings for a proposed high pressure RO system. This includes two reviews
with County staff.
Task Cost: $39,000
A5.9 Preliminary High Pressure Reverse Osmosis Feasibility Report
CDM Page 4 of 5 Agenda Item No. 10D
June 8, 2004
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Attachment A
Contract Number 04-3593, Work Order 04-01
- High Pressure Reverse Osmosis Feasibility Study
May 20,2004
Prepare preliminary report documenting the results of Tasks A.2 through A.5. An
outline of the report content will be prepared and reviewed with the County. Ten
(10) copies of the draft preliminary report will be submitted to the County for
review. The Consultant will meet with the County to discuss the report review
comments. Ten (10) copies of the final report, incorporating agreed upon
changes, will be submitted to the County.
Task Cost: $22,000
Total Cost Lump Sum: $150,000
(DVI Page 5 of 5 Agenda Item No. 100
June 8, 2004
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Attachment A
Contract Number 04-3593
Work Order 04-01
Scope of Services Tamiami Wellfield Reliability Extension
Wellfield Reliability Improvements and Expansion Program
May 20, 2004
A.1 INTRODUCTION
The Golden Gate wellfield consists of 32 production wells tapping the Lower
Tamiami aquifer in the Golden Gate Estates area. The wellfield is the source of
raw water for softening treatment at the North County Regional Water Treatment
Plant (NCRWTP) and South County Regional Water Treatment Plant
(SCRWTP). Average and maximum daily withdrawal amounts of 18.82 MGD
and 31.77 MGD, respectively, are authorized from this source under South
Florida Water Management District (SFWMD) water use permit No. 11-00249-W.
The design and permitting for the installation of two new production wells, No. 33
and 34, is currently underway to increase the wellfield reliability.
In order to further increase the reliability of the wellfield, the County plans to add
approximately one well per year or as deemed necessary under reliability criteria
to meet inventory needs. The subject Scope of Services provides a description
of tasks and objectives proposed to design, permit and provide construction
supervision for additional Lower Tamiami aquifer production wells in the Golden
Gates Estates area. At this time the wells are planned to increase the reliability of
the wellfield, and an allocation increase is not anticipated. However, a minor
modification of the SFWMD water use permit will be required to demonstrate that
the locations of the additional wells will not increase the potential for adverse
impacts to occur. The location of the new wells will likely be sited north or west
of the current wellfield. Actual locations of the wells will be determined based on
CDM Agenda Item No. 100
Page 1 of 8 June 8, 2004
77 of 136
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Attachment A
Contract Number 04-3593, Work Order 04-01
Tamiamj Wellfield Reliability E:<t,;!nsion
May 20,2004
the results of a regional hydrogeologic siting analysis, a well testing program,
aquifer and pipeline hydraulic modeling, and a location feasibility analyses.
Additional aquifer/well testing is warranted in the planned wellfield expansion
areas because of the high variability in aquifer characteristics, and hence
potential well productivity. Aquifer transmissivity varies by an order of
magnitude, ranging from 220,000 gpd/ft and 3.5 million gpd/ft, between the
Wilson Boulevard alignment and the Mule Pen Quarry area. The Lower Tamiami
aquifer has not been tested in a large area between Golden Gate Boulevard and
Immokalee Road, an area having high potential for wellfield expansion.
Additionally, higher chloride water is present in the west and north of the existing
wellfield. Since aquifer productivity and water quality are important
considerations in siting future wells, a testing program should be conducted prior
to deciding on expansion areas.
A.2. LOWER TAMIAMI WELLFIELO EXPANSION EVALUATIONS
A. 2. 1 Regional Hydrogeologic Analysis & Assessment
A Geographical Information System (GIS) of the Golden Gate Estates and
vicinity will be developed and used to evaluate potential wellfield expansion
areas. Existing data will be compiled from in-house sources, publications and
from SFWMO database files. Overlays of relevant information, including existing
major permitted users, water quality, aquifer hydraulic data, and existing County
facilities will be used to identify potential wellfield expansion areas.
The potential area(s) identified for wellfield siting will be ranked according to a
selection matrix. Three sites will be identified for field testing to evaluate aquifer
CDfJI Agenda Item No. 100
Page 2 of 8 June 8, 2004
78 of 136
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Attach ment A
Contract Number 04-3593, Work Order 04-01
Tamiami Wellfield Reliability Extension
May 20, 2004
hydraulics and water quality. A technical memorandum will be prepared to
identify potential well test sites, potential production well locations and results of
the preliminary assessment. Up to two planning meetings will be held with
County staff to review wellfield siting issues.
Task Cost (Lump Sum): $12,000.00
A.2.2 Field Testing Program
A field testing program will be developed to evaluate regional and site specific
conditions for potential areas identified for additional reliability wells.
A.2.2.1 Field Testing Planning and Well Design
A field testing program will be developed to assess subsurface geology, aquifer
hydraulic characteristics and water quality. Test sites will be chosen based on
the results of Task 1. The primary focus will be to determine site specific aquifer
parameters needed for wellfield design, hydraulic modeling and water use permit
support. The test well program will include installation of approximately 6
surficial aquifer wells and 6 Lower Tamiamj aquifer wells. Step drawdown tests
will be conducted on all wells, and Lower Tamiami aquifer performance tests
(APT's) will be conducted at 3 locations. The tests are planned to obtain site
specific aquifer test data in an area having high variability in aquifer
characteristics in the area between Golden Gate Boulevard and Immokalee
Road. Aquifer transmissivity ranges between 220,000 gpdlft and 3.5 million
gpd/ft in this area. The test program will also further define water quality trends
to the west and north of the existing wellfield.
Task Cost (Lump Sum): $5,000
CDM Agenda Item No. 100
Page 3 of 8 June 8, 2004
79 of 136
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Attachment A
-'-'-""~ Contract Number 04-3593, Work Order 04-01
Tamiami Wellfield Reliability Extension
May 20, 2004
A.2.2.2 Specifications and Bidding Assistance
Technical specifications and drawings for the construction of test wells and field
testing to evaluate subsurface conditions at potential well sites will be prepared
for County review. Bid documents will be finalized after review comments have
been addressed and submitted to drilling contractors qualified to work on the
project. Test program bids will be reviewed and recommendations for Contractor
selection will be forwarded to the County for review and approval.
Task Cost (Lump Sum): $7,000
A.2.2.3 Test Well Construction and Testing
Drilling services for the test wells will be fumished to the County on a turnkey
basis following approval of contractor bids by County staff. Well construction will
be supervised by a COM hydrogeologist. The hydrogeologist will select cased
and total well depths based on the lithologic analysis of formation cuttings
obtained while drilling. Water samples will be collected and analyzed for pH,
temperature, specific conductance, and chloride ion concentration.
The Aquifer Performance Tests (APT) will be conducted on the Lower Tamiami
aquifer by pumping the test production well, and observing water level changes
during pumping and recovery in the water-table and Lower Tamiami aquifer
observation wells. The test results will be used to update regional information
and provide the SFWMD with site-specific hydraulic data (transmissivity, storage
and leakance) to be used in the hydraulic model, as required by the District's
Group B rules. The duration of each APT is planned for 24 hours or more. APT
analysis will be conducted by COM Senior staff.
COM Agenda Item No. 100
Page 4 of 8 June 8, 2004
80 of 136
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Attachment A
Contract Number 04-3593, Work Order 04-01
Tamiamj Wellfield Reliability Extension
May 20,2004
Step Drawdown Tests (SDT) will be performed on the Lower Tamiami and water-
table aquifer production wells to assess yields and aid in the selection of pumps
and setting depths. The wells will be pumped at three separate pumping rates.
Static and pumping water levels in the wells will be measured and used to
calculate specific capacity values. Water samples will be obtained from the wells
during each step, and analyzed for dissolved chloride concentration and specific
conductance.
Task Cost (Lump Sum): $97,500
A.2.2.4 Field Testing Report
A report that summarizes the results of drilling and testing program will be
prepared. Well construction details will be documented and schematic diagrams
of selected test wells will be provided. Data and analyses of pump test data will
be documented. Sizing and setting depths for the permanent production well
pumps will be recommended based on the test results. Preliminary
recommendations for potential reliability well locations will be made in the report.
Task Cost (Lump Sum): $13,000
A.3. PRELIMINARY WELLFIELD DESIGN
The regional hydrogeologic analysis information (Task 1) will be updated based
on the results obtained from the field testing program. Additionally, the following
CDM Agenda Item No. 10D
Page 5 of 8 June 8, 2004
81 of 136
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Attach ment A
Contract Number 04-3593, Work Order 04-01
-- Tamiami Wellfield Reliability Extension
May 20, 2004
three tasks will be conducted to evaluate the potential for reliability well locations.
The results of Tasks A.1 and A.3 will be summarized in a Preliminary Design
R.eport (Task A.4).
A.3.1 Groundwater Modeling
A three-dimensional hydraulic computer model will be developed for the project
and used to simulate various withdrawal scenarios for well site configurations.
The model will be used in support of impact assessments needed for the
consumptive use permit modification. The model will utilize the USGS
MOD FLOW computer code and will be used to determine the potential drawdown
impacts of the project pumpage. The model will incorporate existing permitted
withdrawals in the vicinity of the project site as appropriate. The model results
-
will be reviewed with Collier County staff for input and possible withdrawal
scenario changes prior to inclusion in any permit application materials.
Task Cost (Lump Sum): $17,000
A.3.2 Technical Memorandum
A Technical Memorandum will be prepared to document the results of the
wellfield design and planning efforts. An outline of the report content will be
submitted to County staff for review and comment. The report will document the
results of groundwater and pipeline hydraulic modeling efforts, and will include
the preliminary results of the routing and risk assessments. This phase does not,
however, include a final route study, which will be conducted as part of the final
design phase. Recommendations on locations to add reliability wells over an
eight year time-frame will be included, along with preliminary design of well and
pipeline facilities.
ClIVI Agenda Item No. 100
Page 6 of 8 June 8, 2004
82 of 136
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._..,.~ - __.M '-'-"- ~,. "~"""",."~_......."".."..," ~~",,'...
Attachment A
Contract Number 04-3593, Work Order 04-01
Tamiami Wellfield Reliability Extension
May 20, 2004
Three copies of the draft Technical Memorandum will be submitted to the County
for review. The Consultant will meet with the County to discuss report review
comments. Five copies of the final design report, incorporating agreed upon
changes, will be submitted to the County.
Task Cost (Lump Sum): $21,000
A.4. FINAL DESIGN
Consultant will provide the County with a scope for the route study, permitting,
design, and construction based on the recommended area for the reliability wells.
Technical specifications and drawings developed by the Project Team for other
Collier County wellfield projects will serve as the basis of design for the
construction of new reliability wells in the areas selected. A final route study is
not included in this scope.
Task Cost: Not included
A.S. ADDITIONAL SERVICES
Additional services will be provided, at costs agreed upon by the County and
Consultant and as authorized by the County, which may arise during the course
of the project. Engineering design and construction administration services can
be provided under this item. Compensation to the Consultant for performance of
Additional Services as well as the specific services to be performed and time of
completion shall be approved by the County's project manager in writing in
advance of performance of said Additional Services. Out of scope services must
be identified by the Consultant prior to the performance of the work. Failure to
caw Agenda Item No. 10D
Page 7 of 8 June 8, 2004
83 of 136
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Attachment A
Contract Number 04-3593, Work Order 04-01
- Tamiami Wellfield Reliability Extension
May 20, 2004
notify the County in writing of out of scope services shall be deemed a waiver of
any claim by Consultant that such services were out of scope services.
Additional written authorization from the County will be required for any charges
that exceed the predetermined upper limit.
Task Cost (Time and Materials): $10,000
Lump Sum Cost $172,500
Time and Materials Cost $10,000
TOTAL COST $182,500
,-
COM Agenda Item No.1 00
Page 8 of 8 June 8, 2004
84 of 136
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Attachment A
Contract Number 04-3593
Work Order 04-01
Scope of Services
Mid-Hawthorn Aquifer Wellfield - Testing, Design, and Permitting
Wellfield Reliability Improvements and Expansion Program
May 20, 2004
A.1. DESCRIPTION OF PROJECT
Preliminary evaluation of existing hydrogeologic data indicates that wells
completed in the mid-Hawthorn aquifer in the NCRWTP area would be capable
of yielding moderate quantities of mildly brackish groundwater. Development of
the mid-Hawthorn aquifer could be implemented economically if the new wells
were positioned along the existing wellfield collection system pipeline route.
An aquifer performance test on the mid-Hawthorn aquifer has already been
conducted on the western side of the NCRWTP property that can be used to
provide information on the aquifer hydraulic characteristics in that area. The
recommended approach would be to construct four new wells further east along
the existing pipeline route. One test production well, a mid-Hawthorn aquifer
monitor well, and one lower Tamiami monitor well would be drilled near the
eastern boundary of the lower Hawthorn wellfield, where an aquifer performance
test would be conducted. Another test production well would be constructed at
an intermediate location and step-drawdown testing conducted. This approach
would help identify any local heterogeneity in the aquifer and potentially open the
way for water supply development along the entire pipeline route. The test
production wells would be designed for later conversion to actual wellfield
production.
CONI Page 1 of 4 Agenda Item No. 10D
June 8, 2004
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Attachment A
- Contract Number 04-3593, Work Order 04-01
Mid-Hawthom Aquifer Wellfield - Testing, Design, and Permitting
May 20, 2004
The following is a step-wise approach to implementing the project and a list of proposed
project costs:
A.2. TESTING, DESIGN AND PERMITTING
A. 2. 1 Hydrogeologic Data Evaluation
Review available hydrogeologic data compiled from regulatory agency databases,
published reports, and in-house sources to evaluate the characteristics of the mid-
Hawthorn aquifer along the existing wellfield alignment. Select specific sites for drilling
the two test production wells and two monitor wells based on the results of the data
review.
Task Cost: $6,000 Lump Sum
A.2.2 Field Testing Plan Development
Coordinate with the South Florida Water Management District (SFWMD). Develop the
details of the drilling and testing plan, and develop a permitting approach. Meet with the
SFWMD staff to discuss the approach to developing the wellfield. Present a written
document outlining the plan, and obtain comments.
Task Cost: $7,000 Lump Sum
A.2.3 Test Well Specifications
Prepare specifications for the test wells, pumping tests, and water quality testing.
Submit the specifications to the County for review, and coordinate the bid evaluation
process and recommend award (or coordinate turnkey well construction).
-''"~~ Task Cost: $9,000 Lump Sum
COM Page 2 of 4 Agenda Item No. 10D
June 8, 2004
1\FlmsvJ1\ProposalsIProposalsICollier Counl)l\WatenWlIIIIle1d Reiability ImprovemenlsIDraft ConIracllWork Orders\Flnal DoaJments May 20. 2004\r.tH2.doc 86 of 136
~"'_~'~"_'-'-_." .0> ""~^''-'''-"'' -'~~'~-'---"",..........--_._... . ---,,,...,..,,,~._......~,.~~- ""'~""-"-
Attachment A
Contract Number 04-3593, Work Order 04-01
Mid-Hawthom Aquifer Wellfield - Testing, Design, and Permitting
May 20, 2004
A. 2.4 Hydrogeological Services During Test Well Construction
Provide hydrogeologic services to oversee the drilling and testing program. It is
anticipated that one 72-hour pump test will be conducted on one test production well
and the second test production well will be evaluated by step drawdown testing. Fees
include collection and analysis of two samples for primary and secondary drinking water
parameters.
Task Cost: $77,000 Lump Sum
A.3. PRELIMINARY DESIGN (GROUNDWATER MODELING)
A.3.1 Groundwater Flow Modeling
Evaluate the results of the testing and prepare a computer model using the MOD FLOW
code to evaluate the hydraulic impacts of pumping the mid-Hawthorn aquifer. This
model will also evaluate the potential for impacts on the overlying Tamiami aquifer. It is
anticipated that evaluation of the impact on the Tamiami aquifer will be requirement of
SFWMD. It is assumed in the budget that this will involve modification of an existing
model previously developed by the Project Team.
Task Cost: $13,000 Lump Sum
A.3.2 Solute Transport Modeling
Modify an existing model previously developed by the Project Team in order to simulate
solute transport and address the potential for migration of saline water into the
production zone of the mid-Hawthorn aquifer. Due to the presence of highly saline
water beneath the proposed wellfield this issue is a concern.
Task Cost: $15,000 Lump Sum
COM Page 3 of 4 Agenda Item No. 100
June 8, 2004
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Attachment A
Contract Number 04-3593, Work Order 04-01
Mid-Hawthom Aquifer Wellfield - Testing, Design, and Permitting
May 20, 2004
A.4. FINAL DESIGN
Consultant will provide the County with a scope for the route study, permitting, design,
and construction based on the recommended area for the reliability wells. Technical
specifications and drawings developed by the Project Team for other Collier County
wellfield projects will serve as the basis of design for the construction of new reliability
wells in the areas selected. A final route study is not included in this scope.
A.5. ADDITIONAL SERVICES
Additional services will be provided, at costs agreed upon by the County and Consultant
and as authorized by the County, which may arise during the course of the project.
Engineering design and construction administration services can be provided under this
--
item. Compensation to the Consultant for performance of Additional Services as well as
the specific services to be performed and time of completion shall be approved by the
County's project manager in writing in advance of performance of said Additional
Services. Out of scope services must be identified by the Consultant prior to the
performance of the work. Failure to notify the County in writing of out of scope services
shall be deemed a waiver of any claim by Consultant that such services were out of
scope services. Additional written authorization from the County will be required for any
charges that exceed the predetermined upper limit.
Task Cost: $10,000 Time and Material
Lump Sum Cost $127,500
Time and Materials Cost $10,000
- TOTAL COST $137,000
COM Page 4 of 4 Agenda Item No. 10D
June 8, 2004
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~--"..^ ,.--.,---,., ._,'" ..-.-
Attachment A
Contract Number 04-3593
Work Order 04-01
Scope of Services
Lower Hawthorn Wellfield Extension
Test Well Program and Hydrogeologic Investigation
Wellfield Reliability Improvements and Expansion Program
May 20, 2004
A.1. PROJECT DESCRIPTION
Wellfield reliability is a key element of the Collier County municipal water supply
plan. The purpose of this project is to identify and evaluate potential sites for the
construction of future production wells completed in the upper part of the Floridan
aquifer system in order to increase the reliability of the brackish water supply serving
the NCRWTP. The Project Team will work closely with County Staff and the
Program Manager to seek input and coordinate efforts through periodic planning
meetings and other lines of communications.
Potential areas for reliability well construction will be identified based on
hydrogeologic considerations, well site and pipeline easement acquisition
requirements, proximity to existing or planned future wellfields in the region, and
other well siting criteria. Test wells will then be constructed at the three highest
ranked sites to further characterize hydrogeologic conditions. The information
obtained will be used to assess reliability well construction feasibility and provide
information for design and permitting of the extended brackish water wellfield if
suitable conditions are found.
The lower Hawthorn/upper Suwannee production zone ofthe upper Floridan aquifer
is the main target for water supply in this investigation. A test production well
completed in this zone will be constructed at each of the three sites selected for field
CONI Page 1 of 9 Agenda Item No. 10D
June 8, 2004
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Attachment A
Contract Number 04-3593, Work Order 04-01
,- Lower Hawthorn Aquifer - Test Well Program and Hydrogeologic Investigation
May 20, 2004
testing. Deeper testing is also proposed at two of the sites to assess the potential
for upconing of more mineralized water to occur from below during wellfield
operation.
Additional data concerning the mid-Hawthorn aquifer of the overlying intermediate
aquifer system, which is also being considered by the County for brackish water
supply in the area, will be obtained through the description of drill cuttings and
geophysical logging. More comprehensive testing of this aquifer, as proposed in
Section 3 found elsewhere in this document, is recommended to provide better
quality data, if the County intends to pursue mid-Hawthorn aquifer development. A
particularly effective strategy in this case would be to combine the work scopes and
goals of both the lower and mid-Hawthorn aquifer studies into a single coordinated
field investigation.
A comprehensive report describing the procedures and results of field-testing and
recommendations for future reliability well construction will be provided in Task A.3.
Task A.4 will involve design of the new production wells, while contractor bid and
selection assistance is addressed in Task A.5. Since the number of new reliability
wells to be constructed is unknown at this time, construction management fees for
that phase of the project are not provided at this time, but will be addressed in a
subsequent work order. Modification of the water use permit is addressed in Task
A.6. Task A.7 is included to provide an available method for authorization of extra
work, if required during the course of the project.
ClIVI Page 2 of 9 Agenda Item No. 10D
June 8, 2004
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.-.. ~.~..-^ ""<-~,.,.~-"- . ..~,~.- --"..
M____
Attachment A
Contract Number 04-3593, Work. Order 04-01
Lower Hawthorn Aquifer - Test Well Program and Hydrogeologic Investigation
May 20, 2004
A.2. RELIABILITY WELL SITING EVALUATION
A. 2. 1 Initial Siting Study
In-house databases conceming the hydrogeology of the project area will be updated
and the existing information further evaluated to identify potential areas for future
reliability well construction. A preliminary assessment will also be made of other
important well siting considerations including requirements for obtaining well and
pipeline easements and the general level of effort and cost associated with pipeline
construction for the various alternatives. The influence of other groundwater users,
including the existing NCRWTP brackish water supply wells and the County's
proposed Northeast Wellfield, will also be considered in the site selection process.
The field testing plan for the project will be designed to provide data that can be
used to help evaluate how the NCRWTP and Northeast wellfields will interact, since
this will influence future water supply plans for both wellfields.
Potential areas for reliability well construction will be ranked according to a selection
matrix and the three highest ranked sites identified for field testing. A kickoff
meeting and two planning meetings will be held with County Staff and the Program
Manager as the project progresses to coordinate efforts. A technical memorandum
will be prepared and submitted by the Project Team that describes the site selection
criteria applied and areas being targeted for potential wellfield extension.
Task Cost: $22,000 Lump Sum
caw Page 3 of 9 Agenda Item No. 100
June 8, 2004
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Attachment A
Contract Number 04-3593, Work Order 04-01
Lower Hawthorn Aquifer - Test Well Program and Hydrogeologic Investigation
May 20, 2004
A. 2.2 Test Well Design and Turnkey Construction
Technical plans and specifications for the construction of test wells and other field
activities to evaluate subsurface conditions at potential reliability well sites will be
"
prepared and submitted for County review. The bid documents will be finalized after
review comments have been addressed and submitted to one or more of the drilling
contractors pre-qualified to work on the project. The Project Team will provide a
resident geologist and other professional services during well construction and
testing.
Drilling services for the test wells will be furnished to the County on a turnkey basis.
Contractor fees will be submitted to the County for approval once the bids have
",-- been evaluated.
The following professional and other services will be provided to implement the field-
testing program:
. A contract will be executed with the selected drilling contractor once the County
has approved the drilling service fee. The Project Team leader will coordinate
work with the contractor and administer the drilling contract.
. A test production well completed in the lower Hawthorn/upper Suwannee interval
of the upper Floridan aquifer will be drilled within each of the three areas being
considered for new reliability well construction.
COM Page 4 of 9 Agenda Item No. 10D
June 8, 2004
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~,.._"---- _.~ -- ~"^" __""~_;"._n~ . ..,,---,.-,,'.--....." --..
Attachment A
Contract Number 04-3593, Work Order 04-01
Lower Hawthorn Aquifer - Test Well Program and Hydrogeologic Investigation
May 20,2004
. A pilot hole will be overdrilled below the R.O. production zone at one of the test
well sites until the saline water interface is encountered at an expected depth of
about 1,300 feet. Packer and other types of flow tests will be conducted as the
pilot hole is advanced to collect representative groundwater samples for water
quality analysis and data concerning aquifer hydraulic properties. The pilot hole
will then be backplugged with cement to base of the production zone.
. A dual-zone monitor well will be constructed at one of the three test sites (one
zone open to the lower Hawthorn/upper Suwannee production zone and the
other deeper in the Floridan aquifer near the brackish/saline water interface) to
better assess water quality trends, confining unit properties, and provide a
means of monitoring aquifer head response in multiple zones during subsequent
aquifer performance testing.
. A step-drawdown test of several-hour duration will be performed on each of the
three test production wells and the deeper zone of the dual-zone monitor well.
. An aquifer performance test of approximately 72-hour duration will be conducted
at the site where the dual-zone monitor well and test production well pair are
constructed.
. Eight-hour single well pumping tests will be performed on the test production
wells at the other two sites.
COM Page 5 of 9 Agenda Item No. 100
June 8, 2004
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Attachment A
Contract Number 04-3593, Work Order 04-01
,-, Lower Hawthorn Aquifer - Test Well Program and Hydrogeologic Investigation
May 20,2004
. All three test production wells will be sampled and analyzed for primary and
secondary drinking water parameters. Both intervals of the dual-zone monitor
well, packer test discharge water, and other flow test samples will be analyzed
for a list of indicator parameters (chloride, sulfate, alkalinity, hardness, sodium,
total sulfide, and TDS) by a State certified laboratory.
. The Project Team will provide a resident hydrogeologist to observe conditions
during important phases of well construction (site setup, pilot and open hole
drilling, casing installation and grouting, geophysical logging; and periodic
inspections during other periods of well construction and development). The
geologist will obtain and describe drill cuttings, and collect water samples for field
- measurement of pH, temperature, specific conductance, and chloride ion
concentration during reverse-air drilling and pump testing. Borehole specific
capacity tests will also be performed at regular intervals during reverse-air
drilling.
. Well construction and testing activities will be directly overseen by a senior
hydrogeologist who will supervise the Project Team, provide the drilling
contractor with well casing and completion depth picks, and furnish other senior
technical support.
Professional Fees: $155,000 Lump Sum
Drilling Contractor Fees: To Be Provided
--
COM Page 6 of 9 Agenda Item No. 10D
June 8, 2004 ----
\\Ftms\lf1IPmposalslProposalslColie' CountylW.li>f"..vellfield ReliabiUly Impl'OVementsID...ft ContradlWOI1< OrdellllFinalIJocumenls t.lay 20, 2004\LH94: of 136
,- '"-'. . ~ .... )",.."."..."--,..~,,."-~ "".."..-..... -;-. -._," --
Attachment A
Contract Number 04-3593, Work Order 04-01
Lower Hawthorn Aquifer - Test Well Program and Hydrogeologic Investigation
May 20, 2004
A.2.3. Groundwater Modeling Evaluation
The existing groundwater flow model for the region will be revised to incorporate
hydrogeologic information collected during field-testing. Predictive simulations
will then be run to further evaluate the attributes of the potential new reliability
well alignments being considered and help select the number of wells
recommended for the various alignments. Particle tracking or another suitable
method of capture zone analysis will be applied to assess the influence of
withdrawals from the new well alignments on the existing wellfield.
Task Cost: $7,500.00 Lump Sum
A.3. TEST WELL COMPLETION REPORT
A completion report describing the procedures, results, and conclusions of the field-
testing program will be prepared. Recommendations for future reliability well
construction will be made based on the findings of the study. A draft of the report
will be submitted to the County and Program Manager for review and comment.
Comments will be addressed and a final report issued.
Task Cost: $19,500 Lump Sum
CDIVI Page 7 of 9 Agenda Item No.1 OD
June 8, 2004
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Attachment A
- Contract Number 04-3593, Work Order 04-01
Lower Hawthorn Aquifer - Test Well Program and Hydrogeologic Investigation
May 20,2004
A.4. PRODUCTION WELL DESIGN
Consultant will provide the County with a scope for the route study, permitting,
design, and construction based on the recommended area for the reliability wells.
Technical specifications and drawings developed by the Project Team for other
Collier County wellfield projects will serve as the basis of design for the
construction of new reliability wells in the areas selected.
A.5. ADDITIONAL SERVICES
The CONSUL T ANT will provide additional services as at costs agreed upon by the
,--,~ County and CONSULTANT and as authorized by the County, which may arise
during the course of or following the design, construction and start-up of the
additional well and transmission main. Engineering design and construction
administration services can be provided under this item. Compensation to the
CONSUL T ANT for performance of Additional Services as well as the specific
services to be performed and time of completion shall be approved by the County's
project manager in writing in advance of performance of said Additional Services.
Out of scope services must be identified by the CONSULTANT prior to the
performance of the work. Failure to notify the County in writing of out of scope
services shall be deemed a waiver of any claim by CONSUL T ANT that such
services were out of scope services. Additional written authorization from the
County will be required for any charges that exceed the predetermined upper limit.
-- Task Cost: $25,000 Time and Material
CDM Page 8 of9 Agenda Item No. 10D
June 8, 2004
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^ _ _._____.N~V_'. . "'."""""'~---""","""-"" ...-- ~ I" "~-",. --,~-
Attachment A
Contract Number 04-3593, Work Order 04-01
Lower Hawthorn Aquifer - Test Well Program and Hydrogeologic Investigation
May 20, 2004
Total Project Cost (Lump Sum, Excluding Test Well Drilling Fee) $204,000
Time and Materials Cost $25,000
TOTAL COST $229,000
CDIVI Page 9 of 9 Agenda Item No. 100
June 8, 2004
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->
Attachment A
Contract Number 04-3593
Work Order 04-01
Scope of Services
Northeast Regional Water Treatment Plant Preliminary Wellfield Design
Werlffeld Reliability Improvements and Expansion Program
May 20, 2004
A.1. PROJECT DESCRIPTION
The project includes hydrogeologic testing and data analyses needed for evaluating
and recommending areas for testing for a wellfield to supply raw water to the
proposed Northeast Regional Water Treatment Plant (NERWTP). This scope also
includes consideration of other bulk water suppliers that may want to supply water to
the County. Engineering services needed for the water treatment plant design,
pipeline route study, and detailed design of wellheads, pipelines, and other
structures is not included. It is anticipated that these additional tasks will be
addressed after the proposed wellfield layout has been selected. The primary
components of the hydrogeologic study are divided into the following categories.
Regardless of who is supplying water, development of a raw water supply for a
water plant that utilizes reverse osmosis treatment requires a highly technical
hydrogeologic investigation to assess both the yield of a source aquifer(s) and the
potential for long-term changes in water quality. A detailed analysis of the shallow
aquifer sources in the project site area is also necessary in order to evaluate the
potential for impacts to wetlands and existing users of water. Hydrogeologic
investigations conducted previously have identified three primary groundwater
ClIVI Page 1 of 13
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2004\NERWTPW81lfteld.doc
Agenda Item NO.1 OD
June 8, 2004
98 of 136
-.-.-.--,'-.,,---.- -"-~ --..,.". '" ---,,-.-..-,...., ",--"
Attachment A
Contract Number 04-3593, Work Order 04-01
Northeast Regional Water Treatment Plant Preliminary Wellfield Design
May 20, 2004
sources for public water supply in Collier County. These are the Lower Tamiami
aquifer, the Hawthorn Zone I aquifer, and the Lower Hawthorn aquifer. Deeper
aquifers including the Suwannee, Ocala, and Avon Park may ultimately be utilized
as a raw water source for reverse osmosis treatment in Collier County.
The Lower Tamiami aquifer (60-150 feet depth range) typically has high yield
characteristics and good water quality. It is currently used to supply the SCRWTP
and the membrane softening portion of the NCRWTP. Its use, however, has been
subject to regulatory limitations due to concerns over potential adverse impacts to
domestic and agricultural users and environmentally sensitive land areas. These
limits may preclude use of the aquifer for further large-scale development; however,
the unit might be considered for small-scale use as a blend source to economize
operations at a reverse osmosis treatment facility. Large-scale use of the Lower
Tamiami aquifer may be feasible if agricultural water use patterns change or
agreements can be made with owners of large land tracts.
The Hawthorn Zone I aquifer (300-450 feet depth range) has been identified as a
potential raw water source for the proposed NERWTP facilities. Test wells
constructed in the vicinity of the project site during late 1994, as part of the
NCRWTP brackish waterwellfield design study, indicated moderate yield potential
and good water quality in the range suitable for membrane softening or low pressure
reverse osmosis treatment. Chloride concentrations below the potable standard of
COM Page 2 of 13
\\Fbnsvr1lf'roposalslf'roposalslComer CountylWal8r\Wellfield Reliabiily ImprovementsIDraft ContractlWor1< OrderslFinaI Doo.Mnenls May 20,
2004\NERWTPWelllleld.doc
Agenda Item No. 100
June 8, 2004
99 of 136
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Attachment A
Contract Number 04-3593, Work Order 04-01
Northeast Regional Water Treatment Plant Preliminary Wellfield Design
May 20,2004
250 mg/l were measured in water samples from two test wells in the general vicinity
of the project site during 1995. However, in order to obtain additional water quality
data, quantify the long-term yield of this source, and properly design and permit a
raw water supply wellfield, test well construction and aquifer performance testing will
be required.
The Lower Hawthorn aquifer (600-1000 feet depth range) is the raw water source for
the reverse osmosis portion of the NCRWTP. Measured yield potential of the
aquifer at the NCRWTP is variable but generally very high. Water quality in the
Lower Hawthorn is highly variable near the NCRWTP and rapid increases in salinity
occurred after the NCRWTP brackish water wellfield was initially put on line. Limited
information on the yield and water quality characteristics of the Lower Hawthorn
aquifer near the proposed NERWTP site is available from the test wells drilled
during 1994 for the NCRWTP study. The Lower Hawthorn aquifer is estimated to
have moderate to high yield and relatively good water quality with dissolved chloride
concentrations expected to range between 500 and 1500 mg/l. Additional well
construction, testing, and data analyses including hydraulic and solute transport
computer modeling will be required for wellfield design purposes.
Very little data regarding water quality or aquifer yield characteristics exist for the
Suwannee and deeper aquifer systems in the vicinity of the project site. However,
CDIVI Page 3 of 13
.-, IlFtrnaw1lPnJposals'f'roposalsICollier Coun~Wa"''''Wellfield Reliability ImprovementsIDraft ContractlWork OrderslFinal Ooo.Jments May 20,
2004\NERWTPWellfleld.dOC
Agenda Item No.1 OD
June 8, 2004
100 of 136
~~~.- .,.",,,,..., ~-,-",._... . ~_.,-- .-.~~
. '--,,---'~
Attachment A
Contract Number 04-3593, Work Order 04-01
Northeast Regional Water Treatment Plant Preliminary Wellfield Design
May 20, 2004
an attempt will be made to collect available information on the water supply potential
of these aquifer sources and the test program will be designed to gather some deep
water quality and aquifer yield data.
Several important objectives will need to be achieved within the test program for
evaluation of the NERWTP raw water source, including: 1) the geology of the
source aquifer(s), 2) water quality in the source aquifer(s) and the aquifers above
and below, 3) water flow direction, 4) aquifer hydraulics (transmissivity, storativity,
leakage, and vertical gradients), and 5) the reaction of the source aquifer(s) to
pumping (both drawdown and future water quality changes). In order to achieve
these objectives, a general plan has been developed to construct test wells at up to
three sites in and around the NERWTP. The test sites would be located within 5
miles of the proposed water treatment plant site property and on the plant site itself.
The elements of the test program are designed to consider the regional hydraulic
gradients within the target aquifers, the existence of County or SFWMD owned
public rights-of-way, and the availability of existing hydrogeologic data. The
program includes construction of approximately 12 new test wells, performance of
aquifer hydraulic tests, water quality analyses, geophysical logging, and
development of three dimensional computer models for wellfield design, impacts
analysis and minimization, and permitting support.
CONI Page 4 of 13
IIF!m$vr1'PlOposalslf'ropoaalslCollier CountylWa1erlWeIlfield Reliability ImplOvemenl$\Draft Contract\Worl< OrdenslFinal Documenl$ May 20.
2004\NERWTPWellfleld.1loc
Agenda Item No. 10D
June 8, 2004
101 of 136
Attachment A
Contract Number 04-3593, Work Order 04-01
Northeast Regional Water Treatment Plant Preliminary Wellfield Design
May 20, 2004
A.2. BULK PROVIDER FEASIBILITY ANAL YSIS
Large land parcels may exist in the general vicinity of the proposed NERWTP site.
These tracts of land include Developments of Regional Impact, agricultural
operations, cattle grazing areas, and natural (undisturbed) land. The owners of
these properties may be willing to provide bulk water to Collier County. There may
be parcels of land with large irrigation water use allocations that are currently
permitted. The profitability offarming operations varies significantly with fluctuations
in crop prices, fuel costs, and other factors. Farming trends are toward conservation
and improved technologies and methods that reduce overall water consumption.
Reduction in water use from development or improved farming methods offers
opportunities for current permitted unused quantities of fresh water to be permitted
and used as a public supply with an economic benefit to the property owner.
The Consultant will coordinate with the County real property staff to determine if
there are large tracts of land owned by individuals or others in the vicinity of the
proposed NERWTP. A review of SFWMD files will be conducted to evaluate the
status of water use in the area. Special attention will be given to parcels with large,
current water use permits that are not actively using water. Unpermitted sites will
also be evaluated because of the potential to withdraw large volumes of water from
these parcels of land.
CDIW Page 5 of 13
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IIFlmavr1'f'ropoMlslProposalaIColier Counl)'lWallonWellfield ReliabiHty Impn:>Vementa\Draft Contract\Work OrderslFinaI Documenta May 20,
2004'l'lERWTPWellfleld.<lOc
Agenda Item NO.1 OD
June 8, 2004
102 of 136
~--,--,.,~ ,"-... ~....' ...........~,.._.. --...----
Attachment A
Contract Number 04-3593, Work Order 04-01
Northeast Regional Water Treatment Plant Preliminary Wellfield Design
May 20, 2004
Legal and technical issues associated with permit transfers, allocations, land use
designations, and other pertinent topics will be evaluated assuming the bulk water
sale concept appears feasible. An attorney well versed in water law and utility
issues may be subcontracted to assist with the final evaluation. The Consultant
shall provide a technical memorandum.
Task Cost (Time and Materials) $75,000
A.3. DATA COLLECTION AND COORDINATION
A.3.1. Test Well Construction & Geologic Evaluation
Existing Data Compilation & Test Program Design
There are currently no significant users of water of the Hawthorn Aquifer System in
the vicinity of the NERWTP. Although this means that there will be no competition
for use, which will facilitate permitting, it also means that the availability of geologic
and hydrologic data is minimal. The best quality hydrogeologic data on the area
comes from three primary sources: 1) data from the NCRWTP wellfield study test
wells, injection wells, and monitor wells, 2) test and production well data from the
NCRWTP wellfield expansion, and 3) data from government agencies including the
USGS, SFWMD, FGS, and others. In addition, regional trends can be discerned
from dissertation research conducted by Dr. Thomas M. Missimer and various oil
test well data. Existing geologic, hydraulic, and water quality data will be compiled
CONI Page 6 of 13
IIFtmavrW'roposals'FroposalslCollier CountylWa18r\Wellfield Reliabitity ImprovementsIDraft Contract\Wor1< OrderslFinal Documents May 20,
2004INERWTPWellfl8ld,cIoc
Agenda Item NO.1 OD
June 8, 2004
103 of 136
.~'-'
Attachment A
Contract Number 04-3593. Work Order 04-01
Northeast Regional Water Treatment Plant Preliminary Wellfield Design
May 20,2004
from various sources including in-house databases and the various agencies. The
"
data will be analyzed and the test program refined to obtain a cost-effective and
comprehensive characterization of the available fresh and brackish water resources.
Test Well Locations and Permitting
Approximately 12 test wells will be permitted through the applicable well permitting
agencies for construction at up to three sites located on or near the NERWTP site.
Off site testing will likely be conducted in areas north or east of the NERWTP
property, as less hydrogeologic data is available in these locations as compared to
areas located to the south and west. Potential test locations will be identified within
,.."""...
approximately 5 miles of the NERWTP site. Accessibility and the ability to obtain
approval to drill at the test sites will be key issues. Coordination with the County real
property staff will be necessary to evaluate the feasibility of obtaining approval to
drill. Property owned by the County or other government agencies are preferred as
potential test sites.
The test wells will include large diameter (12-inch) test/production wells capable of
yielding typical permanent well production rates, small diameter wells (4-inch to 6-
inch), and at least one very deep test well to evaluate the lower aquifer units. The
test/production wells will be used for aquifer performance testing (APT) purposes
and water quality sampling. The smaller diameter wells will be used as observation
wells during the APT's and will remain as permanent monitor wells.
CDM Page 7 of 13
..--
l\Ftmsvr1lf>lOposaIs'l"roposalslCollier CountylWalllrlWeUfield ReliabiUly ImplOvementsIDraft Contrac::t\Worl< Orde....IFinaI Documents May 20,
2004IJo1ERWTPWellfleld,00c
Agenda Item No. 100
June 8, 2004
104 of 136
....- ....._...,-,~ .._~.,- .--,-^^ ~n" .. ,--
Attachment A
Contract Number 04-3593, Work Order 04-01
Northeast Regional Water Treatment Plant Preliminary Wellfield Design
May 20,2004
Field Data Acquisition
Outline technical specifications will be prepared for test well construction for cost
and quality control and contractor selection. Wells at each test site will be logged for
lithologic and geophysical characteristics and the formation waters analyzed for
water quality parameters needed for water treatment plant design. The larger
diameter wells may also be used as permanent production wells upon approval of a
water use permit (4 test-production wells potentially converted to production wells).
Test Well Construction
Test well construction will be provided using a combination of mud-rotary and
reverse air drilling. The construction will include equipment, materials, and
personnel for completion of:
. 2 Lower Tamiami test-production wells with the approximate dimensions of
12-inch diameter, 80 feet of casing, and 120 feet total depth.
. 3 Lower Tamiami monitor wells with the approximate dimensions of 4-inch
diameter, 80 feet of casing, and 120 feet total depth.
. 1 Hawthorn Zone I test-production well with the approximate dimensions
of 12-inch diameter, 300 feet of casing and 450 feet total depth.
. 3 Hawthorn Zone I monitor wells with the approximate dimensions of 4-
inch diameter, 300 feet of casing, and 450 feet total depth.
CONI Page 8 of 13
IIFtmsvr1'Proposals'l'roposalsICoI6er CountylWa1erlWellfield Reliability ImprovementsIDraft ConIract\Wetk OrderslFinal Documenls May 20,
2004\NERWTPWellf\eld.llOC
Agenda Item No. 10D
June 8, 2004
105 of 136
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Attachment A
Contract Number 04-3593, Work Order 04-01
Northeast Regional Water Treatment Plant Preliminary Wellfield Design
May 20, 2004
. 2 Lower Hawthorn test-production wells with the approximate dimensions
of 12-inch diameter, 600 feet of casing, and 850 feet total depth.
. 1 Lower Hawthorn monitor well with the approximate dimensions of 4-inch
diameter, 600 feet of casing, and 850 feet total depth.
. 1 deep test well with the approximate dimensions of 6-inch diameter, 600
feet of casing, and 1500 feet total depth. Well may be back plugged to 850
feet for use as a Lower Hawthorn monitor well.
Data Compilation and Analysis
The test data will be compiled and analyzed for lithology, stratigraphy, aquifer and
confining bed delineations and water quality. Methodologies will include: drill
cuttings analysis, geophysical analysis, and laboratory analysis of water chemistry.
A. 3.2. Aquifer Testing & Hydraulic Analysis
Aquifer Performance Tests (APT)
Up to four multiple well aquifer performance tests will be conducted at the test sites.
One will evaluate the Hawthorn Zone I aquifer and two will evaluate the Lower
Hawthom aquifer. The final aquifer performance test will be conducted on the Lower
Tamiami aquifer at the NERWTP site. The APT's will be conducted by pumping the
test/production wells while measuring drawdowns in nearby monitor wells. Single
well pump or flow tests may also be used to determine pertinent aquifer hydraulic
characteristics.
CONI Page 9 of 13
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IIFtmsw1'f'lOposalslf'roposalsICollier Count)'lWa18r\Wellfield Reliability ImplOvementsIDraft ContractlWork OrderslFinal Documents May 20,
2004\NERWTPWellfleld.doc
Agenda Item No. 100
June 8,2004
106 of 136
'-'-'-_.''''',~-"~--,,,,~" .~-_.,,-,,-
Attachment A
Contract Number 04-3593, Work Order 04-01
Northeast Regional Water Treatment Plant Preliminary Wellfield Design
May 20,2004
Step-drawdown Tests
Step-drawdown tests provide information related to well efficiency (drawdown
associated with different pumping rates) and the aquifer transmissivity can be
approximated. Step-drawdown tests will be performed on each of the large diameter
test/production wells.
Data Analysis
Data collected during the APTs and step-drawdown testing will be evaluated through
a variety of methods to evaluate water quality conditions and determine specific
capacity, transmissivity, storativity and leakance contribution to aquifer yield.
Task Cost (Lump Sum) $560,000
(Includes Test Well Drilling)
A.4. PRELIMINARY WELLFIELD DESIGN
Hydraulic and Solute Transport Modeling - Development & Calibration
Upon completion of testing, both hydraulic and solute transport models will be
developed to use for design evaluation. The specific model codes to be used will be
chosen based on site-specific conditions but we will likely utilize MODFLOW
(McDonald and Harbaugh, 1988) and a model developed by a memberofthe CDM
staff, SEAWAT (Guo and Bennett, 1998). The models will be used interactively to
optimize wellfield design based on aquifer hydraulic character, lateral and vertical
variations in water quality, potential availability of appropriate well sites, and
COM Page 10 of 13
IIFlm$vr1'#'roposal$'f'roposal$\Colli", CountylWalorlWellfi,,1d R"liabiity Improv",""nI$\Oraft ContractlWorl< Orde~\Final Doo.Jmenls May 20.
2004INERWTPWelllleld,ooc
Agenda Item No. 100
June 8,2004
107 of 136
Attachment A
Contract Number 04-3593, Work Order 04-01
Northeast Regional Water Treatment Plant Preliminary Wellfield Design
May 20 I 2004
economics of the source development. The hydrogeologic models will be calibrated
through multiple iterations to most accurately simulate the known aquifer system
trends and fluctuations.
Development and Modeling of Design Scenarios
Based on aquifer lithologic, hydraulic, and water quality trends, and site availability,
site accessibility, permit criteria, and economic considerations, alternative wellfield
design scenarios will be developed. The calibrated hydraulic and solute transport
models will be used to simulate impacts to the aquifer system from the alternative
wellfield design scenarios developed.
Wellfield Design Selection
With input from County staff, the most technically feasible and cost effective
preliminary wellfield design will be assessed. Potential production well sites will be
field verified for accessibility, availability, and constructability. Based on hydraulic
and solute transport modeling, a proposed wellfield configuration will be established.
Services required for well site acquisition, pipeline routing analysis, and detailed
engineering of the wellfield infrastructure are not included in this scope. It is likely
that the final design will include multiple aquifer sources. Fresh water sources
(Lower Tamiami and possibly Hawthorn Zone I aquifers) may be used for blending
only or large-scale development depending upon the investigation results.
CDNI Page 11 of 13
~- IIFtmsvr1'P",poaaIslProposabICoIHer CounlylWaler\Wellfielcl Reliability Impl'1lvementaIDraft Contracl\Wol1< Ordel'$lFinaI Documenl$ May 20,
2004\NERWTPWelllleld.doc
Agenda Item No. 10D
June 8, 2004
108 of 136
.^"~,._._,~- ,,~ ~_H ~--"",'-'>"""' ,""-..-.'-- -
Attachment A
Contract Number 04-3593, Work Order 04-01
Northeast Regional Water Treatment Plant Preliminary Wellfield Design
May 20,2004
Hydrogeologic Report
A preliminary design report will be prepared documenting hydrogeologic data
acquisition, analysis methods and results, model construction and calibration and
wellfield design recommendations. Ten (10) copies will be submitted to the Owner
for review and approval. A final route study is not included in this scope.
Task Cost (Lump Sum) $190,000
A.5. PROJECT PUBLIC INFORMATION
The Project team shall coordinate, facilitate and work on a public
involvement/information program for the preliminary design of the wellfield. In
coordination with the County Public Utilities Department Public Information Officer,
the project team shall:
. Develop a plan for media relations, including:
. News releases with summary project information.
. Format of project fact sheets and brochures, and content of first fact
sheet.
. Plan response to requests for information.
. Attend and assist with Town Hall meetings for the project.
Task Cost (Time and Materials) $40,000
CDM Page 12 of 13
\\Ftrnovrl'f'lOposalslPropo.alslColfier County\WaterlWe~field Reliabi,ty ImplOvementsIDraft Contract\Worl< OrderslFinal Documents May 20,
2004\NERWTPWellfteld.ooc
Agenda Item No. 10D
June 8, 2004
109 of 136
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Attachment A
Contract Number 04-3593, Work Order 04-01
Northeast Regional Water Treatment Plant Preliminary Wellfield Design
May 20,2004
A.6. ADDITIONAL SERVICES
The Consultant will provide additional services at costs agreed upon by the County
and Consultant and as authorized by the County, which may arise during the course
of or following the implementation of the Northeast Regional Water Treatment Plant
Wellfield investigation. Professional services can be provided under this item.
Compensation to the Consultant for performance of Additional Services as well as
the specific services to be performed and time of completion shall be approved by
the County's project manager in writing in advance of performance of said Additional
Services. Out of scope services must be identified by the Consultant prior to the
performance of the work. Failure to notify the County in writing of out of scope
services shall be deemed a waiver of any claim by Consultant that such services
were out of scope services. Additional written authorization from the County will be
required for any charges that exceed the predetermined upper limit.
Task Cost (Time and Materials) $50,000
Total Cost (Lump Sum) $750,000
Total Cost (Time and Material) $165.000
Total Cost $915,000
CDM Page 13 of 13
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\\Ftm&vr1'Propo$8lslF'ropo$8ls\Collier CountylWaterlWellfield Reliability Improvements\Draft Conlract\Worl< Orders\Final Documents May 20.
2004INERWTPWellfleld,t!oc
Agenda Item No. 10D
June 8, 2004
110 of 136
_...m.. ~",.."."_...,...,- . ........-
".-'.-=.'-"".. _..,,~--
Attachment A
Contract Number 04-3593
Work Order 04-01
Scope of Services
Wellfield Design and Pennitting for SCRWTP Expansion to 20 MGD
Wellfield Reliability Improvements and Expansion Program
May 20, 2004
Greeley and Hansen LLC, herein referred to as ENGINEER, shall perform engineering
services for Collier County, herein referred to as COUNTY, associated with the
development and preparation of the Wellfield Design and Permitting for the SCRWTP
Expansion to 20 MGD, herein referred to as the PROJECT, for COUNTY. The
PROJECT was identified and budgeted in the 2002 Water Master Plan Update, which
was adopted by the Board on February 25, 2003.
DESCRIPTION OF PROJECT
Background
The construction of an 8-mgd SCRWTP reverse osmosis (RO) facility will be completed
in 2004. To meet the projected increase in potable water demand, the SCRWTP RO
treatment capacity will be expanded by an additional 12 mgd (to 20 mgd) by November
30,2006.
Preliminary engineering services to identify the well sites, raw water transmission
alignment, and easement requirements have been completed. Initial easement
descriptions and sketches for the well sites and raw water main have been prepared.
Test wells and monitor wells along the proposed wellfield have been constructed.
COM Page 1 of 21
\\Ftrnsvrl \Proposa1s\Proposals\Collier County\Water\Wellfield Reliability Improvements\Draft Contract\ Work Orders\Final DocWllcnts May 20,
2004\SCRWTP Design OS-20-04.doc
Agenda Item No. 100
June 8, 2004
1110f136
Attachment A
Contract Number 04-3593, Work Order 04-01
SCRWTP Wellfield Design
May 20, 2004
The expansion of the wellfield will be designed to provide an additional reliable yield of
12 mgd of finished water. Twenty-three wells sites have been identified south of the
SCRWTP site for the 12-mgd expansion. Two recently constructed test production
wells will be converted to production wells. Twenty-one new wells will be constructed in
the new wellfield. The proposed 21 wells for the new wellfield will generally be
constructed along the existing Florida Power and Light (FPL) right-of-way easement
south of 1-75 and north of the extension of Rattlesnake Hammock Road. Approximately
35,500 linear feet of transmission main will be required to convey the raw water to the
SCRWTP. The locations of the proposed raw water transmission main and wells are
,-
shown on the attached Figures 1 through 4.
Services to perform hydrologic testing, prepare Water Use Permits, and design the
production wells have been authorized by COUNTY. The scope of services for the
PROJECT comprises preparation of a design report, preliminary and final design
drawings and specifications for construction of the raw water transmission main and
wells, construction bid services, construction contract administration, detailed
observation of well construction and other engineering services as described below.
The scope of services does not include detailed observation of construction for the
pipeline, well structures, electric and control facilities.
ClIVI Page 2 of 21
\\Ftmsvrl \Proposals\Proposa1s\Collier COWlty\Water\ Wellfield Reliability Improvements\Draft Contract\Work Orders\Final Docwnents May 20.
2004\SCRWTP Design 05-20-04.doc
Agenda Item No. 100
June 8, 2004
112 of 136
~-_.,." ,,- , .-, ._.,,__........-.n~'..'N' .~,._~-
Attachment A
Contract Number 04-3593, Work Order 04-01
SCRWTP Wellfield Design
May 20, 2004
The PROJECT will be coordinated with the Program Manager for the Professional
Engineering Services for Wellfield Reliability Improvements and the treatment plant
design engineer for the SCRWTP expansion to 20 mgd.
The schedule for completion of each task is shown in the summary after the Task 7
description below.
TASK 1 - WELLFIELD DESIGN REPORT.
1.1 Prepare Report - Prepare a Design Report containing schematic layouts, sketches
and conceptual design criteria with appropriate exhibits to indicate the
considerations involved (including applicable requirements of the governmental
authorities having jurisdiction over the PROJECT) and alternative designs
available to COUNTY, and to set forth ENGINEER's findings and
recommendations. The Design Report shall include ENGINEER's initial
construction cost estimate for the PROJECT. The Design Report shall also
present ENGINEER's recommendations as to how the PROJECT should be let out
for bids. Tasks comprise:
(a) Evaluate and recommend pipe materials for the raw water main and all other
piping.
(b) Identify and evaluate alternative methods for raw water main construction and
roadway and waterway crossing construction. Prepare recommendations for
CONI Page 3 of 21
\\Ftrnsvrl \Proposa1s\Proposa1s\Collier County\Water\ Wellfield Reliability Irnprovements\Draft Contract\Work Orders\Final Docwnents May 20,
2004\SCRWTP Design 05-20-04.doc
Agenda Item No. 10D
June 8, 2004
113 of 136
"-
Attachment A
Contract Number 04-3593, Work Order 04-01
SCRWTP WeUfield Design
May 20, 2004
type of water main construction and type of construction at the 1-75 and Beck
Boulevard crossings.
(c) Prepare typical well site layout drawings for wells, vaults, piping and
generators.
(d) Prepare update to the Project Management Plan previously developed in the
Preliminary Engineering phase consisting of Project Delivery Team, project
schedule, and project implementation plan.
(e) Contact the Florida Department of Transportation (FDOT), South Florida
Water Management District (SFWMD), Florida Department of Environmental
Protection (FDEP), Collier County Transportation and other agencies with
jurisdiction over this project to identify specific permit requirements.
(f) Identify geotechnical data necessary for design.
(g) Evaluate altematives for instrumentation and control, power source, and
distribution alternatives for the wells, including emergency power provisions.
(h) Prepare initial estimate of construction cost.
(i) Compile draft Design Report to summarize the above items and set forth
recommendations.
1.2 Prepare Final Report - Tasks comprise:
(a) Schedule and conduct a meeting with COUNTY to present the draft Design
Report for COUNTY's review and approval.
CONI Page 4 of 21
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\\Ftrnsvrl \Proposa1s\Proposals\Collier County\Water\ Wellficld Reliability Irnprovements\Draft Contract\ Work Ordcrs\Final Docwnents May 20,
2004\SCRWTP Design 05-20-04.doc
Agenda Item No. 10D
June 8, 2004
114 of 136
--- ""'''~- --,_,_-""" 1 ...,,,,- .'~.. ......."'--" , -----_.._~. --
Attachment A
Contract Number 04-3593, Work Order 04-01
SCRWTP Wellfield Design
May 20,2004
(b) Incorporate COUNTY's review comments. Prepare and furnish ten copies of
the final Design Report.
TASK 2 - PRELIMINARY WELLFIELD DESIGN
2.1 Prepare Preliminary (60 percent complete) Contract Documents - Prepare in a
format acceptable to OWNER all preliminary Contract Documents, consisting of
designs, drawings, special conditions, general conditions, supplemental conditions,
technical specifications and bid and Agreement forms necessary for construction of
the PROJECT. Tasks comprise:
(a) Prepare 60 percent complete design plans for construction of the PROJECT
using AutoCAD 2000. Prepare plan and profile sheets at a scale of 1" = 40'
horizontal and 1" = 4' vertical. Prepare plan details, including pipe bedding,
thrust restraint, corrosion protection, valves, road crossings, air release
valves, blow-offs, pigging stations, mechanical, structural, electrical,
instrumentation, and piping details for wells, and other necessary details.
Interstate 75 crossing, COUNTY road crossings and paved private entry
roads shall be designed using trenchless crossing methods. Use applicable
COUNTY details.
(b) Prepare 60 percent complete technical specifications for construction of the
PROJECT in Construction Specifications Institute format using Microsoft
CONI Page 5 of 21
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2004\SCRWTP Design 05-20-04.doc
Agenda Item No. 10D
June 8, 2004
115 of 136
,,-
Attachment A
Contract Number 04-3593, Work Order 04-01
SCRWTP Wellfield Design
May 20,2004
Word@. Non-technical Contract Documents shall be provided to ENGINEER
by COUNTY and edited as necessary by COUNTY for conformance with
PROJECT requirements.
2.2 Project Status Monitoring - Keep COUNTY and Program Manager for Wellfield
Reliability Improvements and Expansion Program informed as to the status of the
PROJECT Preliminary Design. Tasks comprise:
(a) Attend up to three preliminary design review meetings at the COUNTY's
offices.
(b) Update the Project Management Plan and submit to COUNTY monthly during
.- Preliminary Design.
2.3 Submit Preliminary Contract Documents - Tasks comprise:
(a) Prepare and submit five copies of the Preliminary (60 percent complete)
Contract Documents for COUNTY review.
(b) Prepare and ENGINEER's preliminary construction cost esti mate for
COUNTY review.
(c) Meet with COUNTY and incorporate review comments.
TASK 3 - FINAL WELLFIELD DESIGN
3.1 Prepare Final Wellfield Contract Documents - Tasks comprise:
(a) Prepare final design plans for construction of the PROJECT.
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\\Ftrnsvrll.Prt>palals\Proposals\Collier County\Water\Wellfield Reliability fn1lrovements\Draft Contract\ Work Orders\Final Documents May 20,
2004\SCRWTP Design 05-20-04.doc
Agenda Item No. 10D
June 8, 2004
116 of 136
"~ 'UU_'_"'__' ~___ "--,~ ~.,,,.....,.
Attachment A
Contract Number 04-3593, Work Order 04-01
SCRWTP Wellfield Design
May 20, 2004
(b) Prepare final technical specifications for construction of the PROJECT
3.2 Project Status Monitoring - Keep COUNTY informed as to the status of the
PROJECT Final Design. Tasks comprise:
(a) Attend up to three final design review meetings at the COUNTY's offices.
(b) Update the Project Management Plan and submit to COUNTY monthly during
Final Design
3.3 Submit Final Wellfield Contract Documents - Tasks comprise:
(a) Prepare and submit five copies of the Final Contract Documents for COUNTY
review and approval.
(b) Prepare and submit ENGINEER's final construction cost estimate for
COUNTY review and approval.
(c) Meet with COUNTY and incorporate review comments.
(d) Provide one set of original paper prints of the Final Contract Documents to
COUNTY for use in reproduction during the bidding phase and one signed
and sealed set.
3.4 Prepare Permit Applications - ENGINEER shall prepare the following permit
applications for submittal by COUNTY:
(a) SFWMD I FDEP I ACOE Environmental Resource Permit
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Agenda Item No. 100
June 8,2004
117 of 136
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Attach ment A
Contract Number 04-3593, Work Order 04-01
SCRWTP Wellfield Design
May 20, 2004
(b) FDOT Utility Permit
(c) FDEP Noticed General Permit
(d) COUNTY Right-of-way Permit
(e) Site Development Plan Review and Approval
Services include preparation of one response to Requests for Additional
Information and one clarification request for each permit. COUNTY shall pay all
permit application fees.
3.5 Provide Survey - ENGINEER shall retain a professional land surveyor to conduct a
topographic survey along the proposed raw water main alignment corridor and well
sites. Survey shall be prepared in electronic format using AutoCAD 2000. Survey
alignment corridor shall include the west 50 feet of the existing FPL right-of-way
easement from the SCRWTP to the extension of Rattlesnake Hammock Road plus
all towers along the route and all permanent and temporary easements shown on
Figures 1 through 4, attached hereto. The surveyor shall establish horizontal and
vertical control consistent with COUNTY utility mapping. Previously obtained aerial
photography (Jan. 2004) shall be used for survey base mapping. The topographic
survey shall include cross sections at 200-foot intervals within the survey alignment
corridor, surveys of all temporary and permanent easements, and locations of
existing utilities and structures, poles, pavement, valves, fire hydrants, fences,
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Agenda Item No. 100
June 8, 2004
118 of 136
^ ~,,~ ~'".'_'" .. T ....~.w. ,_. ..., .- ____.'-"e" .->-
Attachment A
Contract Number 04-3593, Work Order 04-01
SCRWTP We/lfield Design
May 20, 2004
trees, and other above ground features. Surveyor shall field locate and map up to
100 wetland jurisdiction flags/stakes and up to 30 soil boring locations. The survey
shall not include excavations to locate existing utilities.
3.6 Provide Subsurface Investigation - ENGINEER shall retain a professional
geotechnical engineering firm to:
(a) Drill soil borings at selected locations along the proposed raw water main
alignment and well sites with a total number of borings not to exceed 50 and
prepare of a report with recommendations for construction of the PROJECT.
(b) Prepare right-of-way permit and maintenance of traffic plan.
(c) Conduct laboratory testing necessary to permit interpretation of geotechnical
data.
TASK 4 -CONSTRUCTION BID SERVICES.
4.1 Bidding Assistance - Assist in securing bids for one construction contract. Tasks
comprise:
(a) Provide interpretation and clarification of Contract Documents during bidding.
(b) Organize and conduct pre-bid meeting with prospective bidders.
(c) Prepare addenda as appropriate to interpret or clarify Contract Documents.
Time included under 4.1 (c) is for preparation of addenda only for those items
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Agenda Item No. 100
June 8, 2004
119 of 136
,
.
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Attachment A
Contract Number 04-3593, Work Order 04-01
SCRWTP Wellfield Design
May 20, 2004
that arise from changed conditions and items that could not be foreseen by
ENGINEER.
(d) Assist COUNTY in evaluating bids.
(e) Provide COUNTY with a recommendation as to the acceptability of
subcontractors, suppliers and other persons and organizations proposed by
the apparent low bidder for those portions of the work as to which such
acceptability is required by the Contract Documents.
(f) Provide COUNTY with recommendation concerning the acceptability of
substitute materials and equipment proposed by the apparent low bidder
when substitution prior to the award of contract is allowed by the Contract
^"~.....
Documents.
(g) Provide a letter of recommendation of contract award.
COUNTY shall print Contract Documents, prepare advertisements and
publications, advertise and distribute Contract Documents for bidding, issue
addenda, and prepare bid tabulation. COUNTY shall print four copies of the Final
Contract Documents for the ENGINEER'S use. Attendance at the bid opening by
the ENGINEER is not included. Construction Bid Services for more than one
construction contract is not included in this Scope of Services.
TASK 5 - CONSTRUCTION CONTRACT ADMINISTRATION
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Agenda Item No. 10D
June 8, 2004
120 of 136
- .. ._~- ".~......nn.__
Attachment A
Contract Number 04-3593, Work Order 04-01
SCRWTP Wellfield Design
May 20, 2004
5.1 Consult with COUNTY inspector and contractor as reasonably required and
necessary with regard to construction of the PROJECT, including but not limited to
pre-construction conference and monthly coordination meetings with COUNTY and
contractor.
5.2 Review materials and workmanship of the PROJECT and report to COUNTY any
deviations from the Contract Documents that may come to ENGINEER's attention.
Determine the acceptability of work and materials and make recommendations to
COUNTY to reject items not meeting the requirements of the Contract Documents.
5.3 Recommend to COUNTY in writing that the work, or designated portions thereof,
be stopped if, in ENGINEER's judgment, such action is necessary to allow proper
inspection, avoid irreparable damage to the work, or avoid subsequent rejection of
work that could not be readily replaced or restored to an acceptable condition.
COUNTY will direct the contractor to stop such work only for a period reasonably
necessary for the determination of whether or not the work will in fact comply with
the requirements of the Contract Documents.
5.4 Submit to COUNTY, in a format acceptable to COUNTY, weekly progress and
status reports, consisting of summaries of project activities, construction progress
and site visits. Details of manpower, amount of work performed and by whom,
CDIWI Page 11 of 21
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2004\SCRWTP Design 05-20-04.doc
Agenda Item No. 100
June 8, 2004
121 of 136
",.-
Attachment A
Contract Number 04-3593, Work Order 04-01
SCRWTP Wellfield Design
May 20, 2004
equipment, problems encountered, method to correct problems, errors, omissions,
deviations from Contract Documents, and weather conditions will be provided in
COUNTY inspector's daily reports. Copies of all COUNTY inspector's daily reports
will be provided to ENGINEER on a weekly basis. ENGINEER's combined time in
Tasks 5.2 and 5.4 for site visits is based on 500 hours of construction observation
time. Additional construction observation time for site visits beyond 500 hours
shall be considered Additional Services.
5.5 Issue interpretations and clarifications of Contract Documents during construction,
and evaluate requests for substitutions or deviations there from. Notify COUNTY
,-
of any such requested deviations or substitutions and, when reasonably
necessary, provide COUNTY with a recommendation conceming the same.
Prepare work change orders as directed by COUNTY.
5.6 Review shop drawings, diagrams, illustrations, catalog data, schedules and
samples, the results of laboratory tests and inspections, and other data that the
contractor is required to submit for conformance with the design concept of the
PROJECT and compliance with the Contract Documents.
5.7 Monitor required PROJECT records, consisting of delivery schedules, inventories
and construction reports. Based upon the PROJECT records, as well as COUNTY
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Agenda Item No. 100
June 8, 2004
122of136
-"",~- -~._., .- . ---. ,. ~..- -'- .--
Attachment A
Contract Number 04-3593, Work Order 04-01
SCRWTP Wellfield Design
May 20, 2004
inspector's observations at the site and evaluations of the data reflected in the
contractor's application for payment, ENGINEER shall render a recommendation to
COUNTY concerning the amount owed to the contractor and shall forward the
contractor's application for such amount to COUNTY. Such approval of the
application for payment shall constitute a representation by ENGINEER to
COUNTY, based on observations and evaluations, that:
(a) The work has progressed to the point indicated;
(b) The work is in substantial accordance with the Contract Documents; and
(c) The contractor is entitled to payment in the recommended amount.
5.8 Receive and review items to be delivered by the contractor pursuant to the
Contract Documents, consisting of maintenance and operating instructions,
schedules, guarantees, warranties, bonds and certificates of inspection, tests and
approvals. ENGINEER shall transmit all such deliverables to COUNTY with
ENGINEER's written comments and recommendations concerning their
completeness under the Contract Documents.
5.9 Support COUNTY's efforts to negotiate with the contractor the scope and cost of
any necessary contract change orders using as a basis for such negotiations data
or other information emanating from the Contract Documents, consisting of the bid
sheet, technical specifications, design drawings, shop drawings, material
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Agenda Item No. 100
June 8, 2004
123 of 136
.-
Attachment A
Contract Number 04-3593, Work Order 04-01
SCRWTP Wellfield Design
May 20, 2004
specifications, and proposed material and labor costs. At COUNTY's request,
prepare, recommend and submit for COUNTY'S approval such change orders
under the COUNTY's direction and guidance. Under no circumstances shall
ENGINEER be authorized to make commitments on behalf of or legally bind the
COUNTY in any way to any terms or conditions pertaining to a prospective change
order.
5.10 Upon receiving notice from the contractor advising ENGINEER that the PROJECT
is substantially complete, ENGINEER, shall schedule and, in conjunction with
COUNTY, conduct a comprehensive inspection of the PROJECT, develop a list of
.,,-
items needing completion or correction, forward said list to the contractor and
provide written recommendations to COUNTY concerning the acceptability of work
done and the use of the PROJECT. For the purposes of this provision, substantial
completion shall be deemed to be the stage in construction of the PROJECT
where the PROJECT can be utilized for the purposes for which it is intended
without full completion of minor items, but all items that affect the operational
integrity and function of the PROJECT are capable of continuous use.
5.11 Perform final inspection in conjunction with COUNTY, and assist COUNTY in
closing out construction contract, consisting of providing recommendations
concerning acceptance of PROJECT and preparing all necessary documents,
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Agenda Item No. 100
June 8, 2004
124 of 136
----_.'~ - .....-. "-
Attachment A
Contract Number 04-3593, Work Order 04-01
SCRWTP Wellfield Design
May 20, 2004
consisting of lien waivers, contractor's final affidavit, close-out change orders, and
final payment application.
5.12 Prepare and submit to COUNTY upon completion of construction of the PROJECT,
five sets of record drawings and one set of reproducible record drawing Mylars of
the work constructed and one set of electronic record drawing on AutoCAD 2000,
including those changes made during the construction process, using information
supplied by the contractor and other data which can reasonably be verified by
ENGINEER's personnel.
5.13 Prepare and submit to COUNTY upon completion of construction of PROJECT a
final report of variations from the construction Contract Documents, including
reasons for the variations.
5.14 Well construction contract administration will be provided by a sUbconsultant,
including pre-construction meeting services, shop-drawing review for wells,
attendance at up to 14 progress meetings during well construction, project tracking
and administration.
5.15 Prepare a Well Completion Report at the conclusion of well construction to
summarize relevant well construction information, including casing and total well
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Agenda Item No. 10D
June 8, 2004
1250f136
.
.
",..-
Attachment A
Contract Number 04-3593, Work Order 04-01
SCRWTP W9Ilfiald Design
May 20, 2004
depths, casing installation and grouting procedures, grout composition and volume,
bit sizes and borehole lengths, and any difficulties encountered during the project.
Provide five sets of Record Drawing plans for each of the wells. Use lithologic and
borehole geophysical logs to prepare geologic cross sections for the project area.
Water quality, borehole specific capacity, step-drawdown test, and other testing
procedures and results shall be included in the report. Recommendations shall be
made regarding suggested production well withdrawal rates.
5.16 Provide training and start-up engineering services to witness startup of the well
operation and functional testing and control tuning. Provide up to two operator
~-
training sessions for the new well equipment and controls.
5.17 Prepare database in COUNTY format for spare parts inventory and Operations and
Maintenance manuals such that database can be incorporated into County A1lmax
- Ops 10 system.
TASK 6 - DETAILED OBSERVATION OF CONSTRUCTION
6.1 Detailed observation of construction of the pipeline, well vaults, above-ground
structures and electrical and control work shall be provided by others. Periodic
structural and electrical construction observation shall be provided by ENGINEER.
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Agenda Item No. 10D
June 8,2004
126 of 136
~.,-~ "._.. m ._...... "'"y.~.--"_.." ..-....-- " "",'--'- -
Attachment A
Contract Number 04-3593, Work Order 04-01
SCRWTP Wellfield Design
May 20,2004
6.2 Construction of the wells, including pilot hole drilling, open hole drilling, casing
installation and grouting, and well testing activities (geophysical logging, step-
drawdown tests, borehole specific capacity tests, water quality testing) associated
with the construction of 21 new reverse osmosis supply wells shall be done under
the full-time observation of a senior hydrogeologist provided by a subconsultant.
The hydrogeologist shall evaluate drilling and testing data and provide the
contractor with recommended production casing and open hole completion depths.
Periodic construction inspections will be made during other well construction
activities. The hydrologist shall describe lithologic samples, collect water samples
during reverse-air drilling and analyze them in the field for specific conductance
and chloride ion concentration, and supervise well testing activities. After
construction and well development have been completed, all 21 wells shall be
sampled for FAC 62-550 primary and secondary drinking water standard analyses.
Fees for laboratory analytical services are included in the scope of services. Fees
for well construction are based on a total of 3,444 hours for on-site well
construction observation and testing services and 1,071 hours of office support
services.
TASK 7 - ADDITIONAL SERVICES ALLOWANCE
Additional Services will be provided, at costs agreed upon by COUNTY and ENGINEER
and as authorized by the COUNTY, which may arise during the course of the
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Agenda Item No. 100
June 8. 2004
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,",-
Attachment A
Contract Number 04-3593, Work Orcler 04-01
SCRWTP Wellfield Design
May 20, 2004
PROJECT. The method of compensation to the ENGINEER for performance of
Additional Services shall be Time and Materials. Specific services to be performed and
completion times for services shall be approved by the COUNTY's Project Manager in
writing in advance of performance of Additional Services. Failure to notify the COUNTY
in writing of out-of-scope services shall be deemed a waiver of any claim by ENGINEER
that such services are out-of-scope services. Additional written authorization from the
COUNTY shall be required for any changes that exceed the limits provided for
Additional Services Allowance shown on Exhibit B.
7.1 Structural Engineering Services - Additional allowance to develop structural
.- designs for three to eight buildings to enclose generators in the event that the pre-
manufactured enclosure/buildings proposed in Task 3 are deemed inappropriate or
unavailable in the required size and configuration.
7.2 Additional Services Allowance for the following:
(a) Opportunities to expedite procurement and construction of new wells and water
supply facilities associated with the PROJECT, including, but not limited to
preparation of contract documents, bidding and construction services for
multiple construction contracts for early construction of the tunneled road
crossings, pre-purchase of equipment, and early construction of a portion of the
wellfield facilities.
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Agenda Item No. 100
June 8, 2004
128 of 136
."..-- "....._v .-" .....1...~. 1'1 .~ _"...__n_'_~_
Attachment A
Contract Number 04-3593, Work Order 04-01
SCRWTP Wellfield Design
May 20, 2004
(b) Services in connection with the design and construction of up to two additional
wells to replace substandard or unproven existing wells. Services could include
design, permitting and construction services for additional pipelines and well
appurtenances to connect the additional wells to the water supply system.
(c) Additional site visits and detailed observation of construction.
7.3 Additional permitting services including, but not limited to, additional requests for
information or additional clarification requests.
The Scope of Services does not include the design of a booster pumping station to
increase water delivery pressures to the SCRWTP. The Scope of Services also does
not include services related to acquisition of easements or detailed observation of
construction for the pipeline, well structures, electric and control facilities.
SUMMARY
TASK NO. DESCRIPTION COST
1 Wellfield Design Report $ 65,283 Lump Sum
2 Preliminary Wellfield Design $231,979 Lump Sum
3 Final Wellfield Design $360,946 Lump Sum
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Agenda Item No. 10D
June 8, 2004
129 of 136
,.,,-.,
Attachment A
Contract Number 04-3593, Work Order 04-01
SCRWTP Wellfield Design
May 20, 2004
4 Construction Bid Services $ 6,050 Lump Sum
5 Construction Contract Admin. $309,211 Time and Materials
6 Detailed Observ. of Constr. $449,249 Time and Materials
SUBTOTAL TASKS 1-6 $1,422,718
7 Additional Services Allowance $ 187,000 Time and Materials
TOTAL $ 1,609,718
- SCHEDULE
CUMULATIVE
TASK NO. DESCRIPTION COMPLETION TIME COMPLETION TIME
(WEEKS) (WEEKS)
1 Wellfield Design Report 12 12
2 Preliminary Wellfield Design 10 22
3 Final Wellfield Design 40 62
4 Construction Bid Services 12 74
5 Construction Contract Admin. 56 130(1)
6 Detailed Observ. of Constr. 56 130(1)
7 Additional Services Allowance
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Agenda Item No. 10D
June 8, 2004
I 130 of 136
--... .~ .-..----",,-..-.--"..., -,~~. ....->"'<.-.--
Attachment A
Contract Number 04-3593, Work Order 04-01
SCRWTP Wellfield Design
May 20, 2004
TOTAL 130(1)
Times shown above are from the ENGINEER's Notice to Proceed date. This schedule
includes two weeks of COUNTY review time for Tasks 1, 2 and 3 and is based on
Contractor's Notice to Proceed provided by COUNTY within 12 weeks from the date of
advertisement for bids. This schedule may be extended due to actual schedule for
bidding and award, contractors' actual performance schedules, inclement weather, and
other delays beyond ENGINEER's control. ENGINEER shall provide written notice to
advise COUNTY Project Manager within five calendar days of any such delays.
(1) Time for completion of construction shall be 126 weeks for substantial completion and 130
weeks for final completion from ENGINEER's Notice to Proceed date.
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Agenda Item NO.1 OD
June 8, 2004
131 of 136
.
FIGURE 1
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SOlITlt COUNTY
REGIOfW.. WATER PlJD - CITY CMTE IlRl\/E
TREADIENr PLANT NOTE:
SURVEY LMTS SHAI..L BE UIotITS
OF' PROPOSED PIPEUNES AND
20' UTlUTY EASDlENT WElL SITES SHOWN ON FIGURES
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.....:-="-- 135 of 136
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- .... - 2llO7 .- ..1
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l.EOEOl'" Agenda Item No. 100
. -Pmgam~.m 0-___ .-"""-
o -'_'lily Study . ......-- .~n June 8, 2004
. Note: This schedule does not include projects that are not included in WoJ ~61fN~R.Ber 1.
~\F~1'Pmpou~Co'" CWn~W""'W""ld R."l:IIIIy ~~ CGnnrJ\Wor1I 0rdI"""'00el.m~"" 20. 2'fXM'Ovw1III_~
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--
EXECUTIVE SUMMARY
17uU the Board review the proposed Straw Ballot, which ballot asks the voters of Collier County whether
they wish the Board of County Commissioners to establish a Charter Commission to draft a proposed
County Charter for Collier County, which proposed Charter would thell be voted on aJ a Special
Election, aJ an estimaJed cost of $500,000; instruct staff as to allY modifu:ation desired; and if ti,e Board
is so inclined, comider and approve a Resolution ordering alld calling a referendum election to be held
on November 2, 2004, relalillg to this Straw Ballot issue, which Resolution directs the Supervisor of
Elections to place the Straw BaUot proposition for vote at the November 2004 General Election, and
provides for appropriate 1I0tice.
OBJECTIVE: That the Board review the proposed Straw Ballot set forth below, instruct staff as
to any modification desired, and if the Board is so inclined, consider and approve a Resolution
ordering and calling a referendum election to bc held on November 2, 2004, relating to this Straw
Ballot issue, which Resolution directs the Supervisor of Elections to place the Straw Ballot
proposition for vote at the November 2004 General Election, and provides for appropriate notice.
CONSIDERATIONS: Fl. Stat. ~ 125.0l(y) authorizes the Board of County Commissioners to:
"Place questions or propositions on the ballot at any primary election, general election, or
..- otherwise called special election, when agreed to by a majority vote of the total membership of
the legislative and governing body, so as to obtain an expression of elector sentiment with respect
to matters of substantial concern within the county. . ."
At its meeting of December 16, 2003, the Board directed staff "to bring back a ballot
question for the Board to consider, asking the volers of Collier County whether they should
appoint a Charter Commission, and with a dollar amount allocated to that commission."
Working with the Office of the Supervisor of Elections, staff has drafted the following
proposed language for the ballot:
STRAW BALLOT
CHARTER COMMISSION
SHOULD THE BOARD OF COUNTY COMMISSIONERS ESTABLISH A CHARTER
COMMISSION TO DRAFT A PROPOSED COUNTY CHARTER FOR COLLIER
COUNTY, WHICH PROPOSED CHARTER WOULD THEN BE VOTED ON AT A
SPECIAL ELECTION?
THE ESTIMATED COST OF THE CHARTER COMMISSION AND SPECIAL
ELECTION IS $500,000.
.- Yes, to appoint charter commission.
No, not to appoint charter commission.
Agenda Item 12A
Page 1 of 3 .June 8, 2004
1 of 7
"...-- " ,- <'-"'''''"-"---'''''''",,".~ ',,"'"""'''.-~', '-"1""___~" ...,-"'_...,.."""'.j....,..." ,........---- ^ ----..
The total estimated cost breaks down to $400,000 for the costs of holding a Special
Election, which estimate was provided by the Supervisor of Elections Office, and $50,000,
representing costs associated with the Charter Commission itself, as explained below. Both of
these costs reflect absolute minimum estimates premised on a flawless execution of the process.
As this is an imperfect world, staff added an additional $50,000 to these numbers, which staff
believes results in a total cost estimate that falls within 10%, plus or minus, of the likely total
costs thc County will incur should the Board of County Commissioners establish a Charter
Commission pursuant to Fl. Stat. ~ 125.61.
Budgeting a Charter Commission is set forth in Fl. Stat. ~ 125.62(2), which provides as
follows:
"Expenses of the charter comnnSSIOn shall be verified by a maJonty vote of the
commission forwarded to the board of county commissioners for payment from the general fund
of the county. The charter commission may employ a staff, consult and retain experts, and
purchase, lease, or otherwise provide for such supplies, materials, equipment and facilities as it
deems necessary and desirable. The board of county commissioners may accept funds, grants,
gifts, and services for the charter commission from the state, the Government of the United States,
or other sources, public or private."
Although the Board of County Commissioners is responsible for (1) ensuring that costs
incurred by a Charter Commission are appropriate to the function of the Committee, and (2) that
,~-, such expenditures do not exceed the County budget, it is the Charter Committee itself which has
the authority to incur expenses necessary to its proper functioning. Put another way, although the
Board of County Commissioners must properly budget and review the costs of the Charter
Commission, the Board does not have the authority to limit the Charter Commission's necessary
expenditures.
The recent Charter Commission experience of Escambia County, which has a population
similar to that of Collier County, is helpful in estimating the costs of a Charter Commission.
After reviewing the experience of other counties, Eseambia County budgeted $50,000 towards the
expense of their Charter Commission. Fl. Stat. ~ 125.63 provides that the Charter Commission
must present the Board of County Commissioners with a proposed Charter within 18 months of
its initial meeting, unless such time is extended by resolution of the Board. The Escambia County
Charter Commission presented the Board with a proposed Charter on January 4, 2004, which was
14 months of its initial meeting. The Commission's total costs were approximately $46,000. In
addition to drafting a proposed Charter in a relatively prompt fashion, the Escambia County
Charter Commission was able to keep its costs down by doing the following:
1. The Board of County Commissioners appointed relatively sophisticated members
to the Charter Commission, from different walks in life, with the Chairman having
had prior Charter Commission experience.
2. The Charter Commission appointed an expert committee for input and
consultation, whose members freely volunteered their time.
-
Agenda Item 12A
Page 2 of 3 June 8, 2004
2 of?
3. The Charter Commission contracted with The Whitman Center for Public Service
at the University of West Florida to handle all of their administrative needs.
4. The Escambia County Attorney provided the Charter Commission with significant
unbilled assistance throughout the process.
It is unlikely that the Collier County Charter Commission process will bc substantially
more efficient than that experienced by Escambia County. Accordingly, considering a moderate
rate of inflation (Escambia County held their first organizational meeting on November 14, 2002,
and expended $46,(00), $50,000 appears to be the absolute minimum Collier County would likely
expect to expend for a Charter Commission.
It should be noted that there is the possibility that the Charter Commission could submit a
Charter to the Board of County Commissioners bctween 45 and 90 days prior to the holding of a
General Election. Should this happen, it is possible to conduct the Special Election
simultancously with the Gcncral Election, which will result in substantial savings to the estimated
$400,000 cost for a Special Election. Since this possibility appears unlikely, staff has elected not
include this as part of the probable estimated costs.
FISCAL IMPACT: The estimated cost of the Charter Commission and Special Election is
$500,000.
,......-~~ GROWTH MANAGEMENT IMP ACT: None
RECOMMENDATION: That the Board review the proposed Straw Ballot, instruct staff as to
any modification desired, and if the Board is so inclined, consider and approve a Resolution
ordering and calling a referendum election to be held on November 2, 2004, relating to this Straw
Ballot issue, which Resolution directs the Supervisor of Elections to place the Straw Ballot
proposition for vote at the November 2004 General Election, and provides for appropriate notice.
-.
Agenda Item 12A
Page 3 of 3 June 8, 2004
3 of?
,- COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number 12A
Item Summary That the Board review tile proposed Straw Bailot. which baHot asks the voters of
Collier County wbether they wish the Board of County Commissioners to
establish a Charter Commis~~ion to draft a proposed County Charter for Coilier
County, which proposed Cl1arter wouid then bEl voted on at a Spl:!cial Eiection,
at an estimated cost of $500.000; instruct staff as to any modification desired;
and if the Board is so inclined, consider and approve a Resolution ordering and
caHing a referendum election to be held on November 2, 2004, relating to t.his
Straw Bailot issue, Wilich Rl:;Scdution directs tht:! Super/isor of Elections to place
lfle Straw Ba!lot proposition for vole at ttle Novemher 2004 Genera! Election,
anci proVi;:!i:;S for appropriate notice.
Meeting Date 6/8/2004 9:00:00 )~IV1
Approved By
Jdf Klatzkow Assistant County Attomey Date
County Manager's Office County Attorney Office 5/28120044:44 PM
A pproved By
David C. Weigel County Attorney Date
Cmmty Manager's Offjc,,~ County Attorney Offlce 5/28/2iHl4 4:48 PM
Approved By
Pat Lehnhard Administrative Assistant Date
County M.mager's Office OftlC0 of Management & Budget 611/20048:40 AM
Approved By
Michael SmykowsKl Management & Budg0t Director D.lte
County Manager's Office Office of Management & Budget 6fl/2004 8:57 AM
Approved By
Leo E Ochs. Jr. Deputy County Manager Date
Board of County County Manager's Office
Commissioners 6/1/200410:31 AM
Agenda Item 12A
June 8, 2004
4 of 7
.--..- -.-'.-- ~"_._,. -.."""'---., .-. -'-~' --_.-
.
RESOLUTION 2004
A RESOLUTION ORDERIl'lG AND CALLI~G A REFERENDUM
ELECTION TO BE HELD ON NOVEMBER 2, 2004, WITHIN COLLIER
COUNTY TO DETERMINE BY STRAW BALLOT IF THE BOARD OF
COUNTY COMMISSIONERS SHOULD ESTABLISH A CHARTER
COMMISSION TO DRAFT A PROPOSED COUNTY CHARTER FOR
COLLIER COUNTY, WHlCH PROPOSED Cll<\RTER WOULD THEN
BE VOTED ON AT A SPECIAL ELECTION.
WHEREAS, the Board of County Commissioners desires to determine by straw ballot if
a majority vote of the qualified voters of Collier County voting in a referendum election wishes
the Board of County Commissioners to establish a Charter Commission to draft a proposed
County Charter for Collier County. which proposed Chmcr would then be voted on at a Special
Election: and
WHEREAS, the Board of County Commissioners of Cullier County. Florida. finds it to
he in the hest interests of the citizens of Collier County to call a referendum election.
:'-."OW. THEREFORE. BE IT RESOLVED BY THE BOARD OF COCNTY
CO~MISSIO~tRS OF COLLIER COCNTY, FLORIDA that:
SEen ON ONE. REFERENDDI ELECTION CALLED.
A straw ballot referendum ele\:tion be and is hereby onlcred and called to be held on
:'-."llvember 2, 2004, for the purpose of submilling: tn the qualiried electors or Cnllier County the
questilln nf whether the Board nf County Cnmmissioners should establish a Charter
Commission to draft a proposed County Chaner for Collier County, which proposed Charter
would then be voted on at a Special E1e.:tion.
SECTION TWO. PERSONS ENTITLED TO VOTE.
The persons entiLled to vote in the straw ballot rderendum election shall be all the
qualified electors residing within Collier County, FlOlida.
SECTION THREE. BALLOT AND ELECTlO:\' OFFICIALS.
The election shall be held within Collier County as a county-wide election. The straw
ballot referendum election shall he .:onducted by election officials appointed by the Supervisor
of Elections pursuant to applicable general law.
Agenda Item 12A
June 8,2004
5 of?
.--,
SECTION FOUR. FORM OF THE BALLOT.
A. The ballot to be used in said referendum election shall be in substantially Lhe
following form:
STRAW BALLOT
CHARTER COMMISSION
SHOULD THE BOARD OF COUNTY COMMISSIONERS ESTABLISH A CHARTER
COMMISSION TO DRAFT A PROPOSED COUNTY CHARTER FOR COLLIER COUNTY,
WHICH PROPOSED CHARTER WOULD THEN BE VOTED ON AT A SPECIAL
ELECllON?
THE ESTIMATED COST OF THE CHARTER COMMISSION AND SPECIAL ELECTION
IS $500,000.
Yes, to appoint charter commission.
;0.,'0, not to appoint charter commission.
B. The Supervisor of Elections shall include on all ballots such instructions to
voten as are necessary.
SECTION FIVE. :\"OTICE OF ELECTION.
The Clerk of this Board shall publish a notice of the referendum election in the Naples
~--
Daily News, a newspaper of general circulation published in Collier County, Florida. There
shall he at least thiny (30) days notice of said election, with puhlication to he made at least
twice, one in the fifth week and one in the third week prior to the week in which the referendum
election is to he held. Said notice shall he in suhstantially the following form:
NOTICE OF REFERENDUM ELECTION BY STRAW BALLOT
NOTICE IS HEREBY GIVEN, that a straw ballot referendum election will be held on
Novemher 2, 2004, in Collier County, Flotida, to determine if the Board of County
Commissioners shouhl establish a Charter Commission to draft a proposed County Charter for
Collier County, which proposed Chatter would then he voted on at a Special Election.
The election shall be conducted by election officials appointed by the Supervisor of
Elections pursuant to applicable general law. All qualified electors residing within Collier
County may vote in said referendum election. Absentee voting may be permitted upon
compliance with applicable provisions of general law.
",.-,
Agenda Item 12A
June 8, 2004
2 6 of?
... ~--""- .--;--~., -- _.,--- --~--~,~----
THIS RESOLtmON AOOPmD after moUon. second, and majority vote favoring same
this _day of 2004
ATIEST BOARD OF CO{;"NTY COMMISSIONERS
D\VlGHf E. BROCK. Clerk COllIER COUNTY, FLORIDA
By: By.
, Deputy Clerk DONNA FIALA, O1ailTll3ll
To Form and Legal
\
3
Agenda Item 12A
June 8, 2004
3 7 of 7
CRA AGENDA ITEM
~"'-. COMMUNITY REDEVELOPMENT AGENCY
EXECUTIVE SUMMARY
To approve a budget amendment of $5,000 for the expenditure of monies from Fund 187-
Bayshore/Gateway Triangle for expenses related to the Haldeman Creek National Art
Festival. All funds will be reimbursed to the Naples Art Association.
OBJECTIVE: To approve a budget amendment of $5,000 for the expenditure of monies from
Fund 187 -Bayshore/Gateway Triangle for expenses related to the Haldeman Creek National Art
Festival. All funds will be reimbursed to the Naples Art Association.
CONSIDERATIONS: On March 2, 2004 the Bayshore/Gateway Triangle CRA Advisory Board
approved th e allocation of $5,000 for the expenditure of monies from Fund 187-
Bayshore/Gateway Triangle for expenses related to the Haldeman Creek National Art Festival.
The Haldeman Creek National Art Festival will be annual event to be held in late November.
The monies will be used by the Naples Art Association to pay for set up cost, publicizing,
rentals, and policing.
FISCAL IMPACT: The $5,000 of accrued tax increment revenue will be used for expenses
related to the Haldeman Creek National Art Festival such as, set up cost, publicizing, rentals,
and policing. Funds will be taken from Fund 187 Reserves for Capital.
ADVISORY BOARD RECOMMENDATION: To approve a budget amendment of $5,000 for the
.'- expenditure of monies from Fund 187-Bayshore/Gateway Triangle for expenses related to the
Haldeman Creek National Art Festival. All funds will be reimbursed to the Naples Art
Association.
...-.
Agenda Item No. 14A
June 8, 2004
-1- 1 of 2
,,-"'-~-,-- "~"'~"'-"""""""'" . .._.."W/I"""'l""'_~""" ._--
.
.
_. COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number 14A
Item Summary BOARD OF COUNTY COMMISSIONERS ACTING AS THE COMMUNITY
REDEVELOPMENT AGENCY. To approve a budget amendment of $5.000 for
the expenditure of monies from Fund 187 -BayshoreiGateway Triangle for "
expHnses reiated to the Haldeman Creek Nationai Art Festival. All funds will be
reimbursed to the Naples Art Association.
Meeting Date Si8/200a 9:00:00 ~~f\.1
Prepared By
D. Aaron Blair Executive Director Date
Community Redevelopment 8aysho1"e.Gatf:way He<kvelopnH:nt 511112004 '10:03:05 AM
Agency
Approved By
Mlch<wl Smykowskl Managem~mt 8. Budget DiH?ctor Date
~''''''''
County Manager's Office Office of Management & Budget 5/27/20046:07 PM
Approved By
Leo E. Ochs, Jr. Deputy County Manager Date
80ard of County
Commissioners County Manager's Office 5/3112004 7:12 PM
.-
Agenda Item No. 14A
June 8,.2004
2of2
-~~_.-._"" ,-_.. -<-- .- . ~ "~ -."
~.---~ ~._-
CRA AGENDA ITEM
,-,-... COMMUNITY REDEVELOPMENT AGENCY
EXECUTIVE SUMMARY
To approve the increased funding in the amount of $64,000 for the Site Improvement Grant and
$48,000 for the Impact Fee Assistance Grant Programs as recommended by the
Bayshore/Gateway Triangle Local Redevelopment Advisory Board; approve the attached budget
amendment request for the two grant programs; and authorize the County Attorney and Staff to
draft any necessary agreements, ordinance, resolution language.
OBJECTIVE: To approve the increased funding in the amount of $64,000 for the Site Improvement
Grant and $48,000 for the Impact Fee Assistance Grant Programs as recommended by the
Bayshore/Gateway Triangle Local Redevelopment Advisory Board; approve the attached budget
amendment request for the two grant programs; and authorize the County Attorney and Staff to draft
any necessary agreements, ordinance, resolution language.
CONSIDERATIONS: On February 3, 2004, the Bayshore/Gateway Triangle Local Redevelopment
Advisory Board unanimously approved the continued and increased funding of the Site Improvement
Grant and the Impact Fee Assistance Grant Programs. The motion made was to fund the Site
Improvement Grant with an additional $64,000 and to fund the Impact Fee Assistance Grant with an
additional $48,000.
FUND 187 FISCAL IMPACT:
$64,000 will be allocated for Site Improvement Grants and $48,000 for Impact Fee Assistance Grants,
using TIF funds. The Site Improvement Grant may provide up to 50% of the cost of improvements, up
to a maximum grant amount of $8,000. The Impact Fee Assistance Grant may provide up to 50% of
-- the total impact fees for a project, up to a maximum grant amount of $8,000. Funds will be taken from
Fund 187 Reserves for Capital to be allocated in Grants and Aids. $64,000 will be transferred to line
item residential rehab (Site Improvement Grant) and $48,000 will be transferred to line item pay in lieu
of impact fees (Impact Fee Assistance Grants).
ADVISORY BOARD RECOMMENDATION:
To approve the continued and increased funding of the Site Improvement Grant and the Impact Fee
Assistance Grant Programs as recommended by the Baysh ore/Gateway Triangle Local
Redevelopment Advisory Board, and approve the attached budget amendment request for the two
grant programs.
-
Agenda Item No. 148
June 8, 2004
1 of 2
- I..
---- -'-"""""~""''''''_..'"~-'",,'",'' ""--,.,..."....-.,......-.-, "......,.--....,'.. "',,,.,,....,,-~,_..--,-
- COLLIER COUNTY
SOARD OF COUNTY COMMISSIONERS
Item Number 148
Item Summary BOARD OF COUNTY COMtv11SSIONERS ACTING AS THE COMMUNITY
REDEVELOPMENT f\GENCY. Te approve the increased funding in the arnmmt
of $64,000 for the Site Improvement Grant and $48,000 for the impact Fee
Assistance Grant Programs as f1:Jcommended by the Bayshore/Gateway
Triangle Local Redevelopment Advisory Board; approve the attached budget
amendment request for lM lwo grant programs; and authorlz.e lhe Counly
Attorney and Staff to draft any necessary agreements, ordinance, resoiution
:anguagl::.
Meeting Date 6/8/2004 9:00:00 AM
Prepared By
D. Aaron Blair Executive Director Date
Community Redevelopment
.- 8ayshOrl;!-Gateway R~dev<:;lopm!~nt 5/11!200410:03:05AM
Agency
Approved By
Michael Smykowski Management 8. Budget Director Date
County MM<l!ger's Office Office 01 Management &, 8u(1~F!t 5J27/2004 6~09 PM
Approved By
Leo E. Ochs, Jr. Depl,ty County Manag<:;r Date
Board of Comity
Commissioners COLlnty Manager's Office 5/31120047:'18 PM
~-
Agenda Item No. 148
June 8,2004
2of2
-- - . "'~. .>.---- ~,~,,,",---,"_<o",. __M'_
,-
EXECUTIVE SUMMARY
Request to grant final approval of the roadway (public and private),
drainage, water and sewer improvements for the final plat of "Tarpon Bay".
Portions of the roadway and drainage improvements will be privately
maintained and certain portions will be maintained by Collier County. 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 "Tarpon Bay"
CONSIDERATIONS:
1. On November 5, 2001, the Board of County Commissioners granted
,..- preliminary acceptance of the roadway, drainage, water and sewer
improvements in "Tarpon Bay".
2. The internal roadway and drainage improvements will be maintained by
the project's homeowners association. The County will maintain that
portion of Tarpon Bay Boulevard identified as "Tract A" on the plat
recorded at Plat Book 36, Pages 28 thru 31. The water and sewer
improvements will be maintained by the County.
3. The required improvements have been constructed in accordance with the
Land Development Code. The Engineering Services Department has
inspected the improvements and is recommending final acceptance of the
improvements.
4. A resolution for final acceptance has been prepared and approved by the
County Attorney's Office. A copy of the document is attached.
5. This Executive Summary has been reviewed and approved by the
Transportation Services Division and Public Utilities Division.
.-
Agenda Item No. 16A1
June 8, 2004
1 of 5
--'-""""'.-- '"'''''''~''' , "",""O"',ffi_"""-',_"".",,'~' '''_'H","_'~~,,..~,_ '''i''
Executive Summary
Tarpon Bay
Page 2
FISCAL IMPACT:
The internal roadway and drainage improvements will be maintained by the
project's homeowners association. The external roadway and drainage
improvements will be maintained by the County's Transportation Services
Division through their operation and maintenance budget. Water and sewer
improvements will be maintained by the County's Public Utilities Division
through their operation and maintenance budget.
GROWTH MANAGEMENT IMPACT: There is no growth management
impact.
ST AFF RECOMMENDATION:
That the Board of County Commissioners grant final acceptance of the
roadway, drainage, water and sewer improvements in "Tarpon Bay" and
release the maintenance security.
1. Authorize the Chairman to execute the attached resolution authorizing
final acceptance.
2. Authorize the release of the maintenance security.
,.-,
Agenda Item No. 16A1
June 8, 2004
2 of 5
---,.
COLLIER COUNTY
SOARD OF COUNTY COMMISSIONF..RS
-
Item Number 1fji\1
Item Summary RElqUf:SI to 9rant tinal apprevill d the rc;,.tway (publio: and private), uiainag<:l,
waIN and sewm impCOlif:r;;;:nt5 fer the flna! pial (.f "Tarpen Bay., Portions of the
rnar.h.."ay and drc:inag~ lfnprovernents. wili t)B private:y m;,)ir.ta:r.ed al)('S (~~rtain
porticr..q w!1l be mdh.:td:f~d hy C(J:lier Count),.. The ""jatar cm(~ ~eVvtlr
:mpn.1vem~(Jt~ ""Hi be rnaintan1th-: ~f'l Ct~mA.r County
Meeting Date 6/B/2D04 9:nO'OO AM
Prepared By
.l<;hr; H~"I<J"'wMH: Senicr !:'''i,Jil1t'er O;lte
Ccmm:mity o..""tc;'>ll1tlln & Eng:nEle:il1s;j SCrYicc;:; 5111i2Qtl410:03:05 AM
f:nvlrvnlfl~n'bt Sp.r\'k~s
Approved By
Thom~~::. Kl.u.:x., ~t,E. COE$ f.r':9j~~*~in~ Se.r.....:r:e-s: {.:::"?j{;tfH o,.t"
C(;.r;~;m,mit)l O~wet~:'):'neflt lit cn:::s Er:g::1~~:"ln~ ,'5{~r.dce'-::' 5!20!2C04 ~:2C ~_M
t::(l'./ironm€ntul S.:.rv!.:..:-'}
Approved By
(:c:,,:~t~:'l~~ *" .:0h;~?,..:. Op.._lr~~;{'Ir:~ 1'),~ln:y~t 1);1\"
(:c~:':"::mfty !)o/":\i.Av>,,I11<.:/1t,& CamrJllH.;f,:v C:'e~/{':t':'1r.~e.:":t :).
Ei-~v;f<Jn:r:cr:i2:: ~;~:"...;u~s f..ji'?l!'l. 5:21/2<};14 8.2~ AM
[:lv:r':"-lmO;:-'lt:d S~:".'::2S
.\pproved By
S2r:dr~ L.:.~ ::::<~::ut1V~ S~::cr-:'~'::i.-Y O~t.}
.'-
CD,,..,-r,;jflfty OEl\"eic;)nlElnt & C.:,mmur::t,. D.::vebl)[,(~,:'r.t ~
E:mdl':.>n!~~~t:J; ~::;~f''''':C~~-~ Ad:~1l:l, 5!?'i!?G(J,j t:n AM
Efjl/lfC:~:~H~ntclJ SO!!!",I(';{,~S
Approved By
G:vlHl'rH,t~rry n,-,'~r~;~;p;::~;:t &: O~t"
-":c'Seph ~... S.:t-!mm [r.:v::"nfl.il...'i'~~: $-erv:r:oP.':.' ,'\r:f:'"linfi;ti~tc:"
Ccmm::njty l)ofv-..~;r;:.l'1'H,:nt.& (:cmrns;:p,.t,y {:e~(.~~{1r.~e.:":t ~
En\':rl:;.~m{'nt31 ServJ::es E/Yy'fr{mmer::~: s~:-v~.:~s ;i_.jrni~. 5i21/2C()4 !:I.17 "'M
Approved By
Pat Lnhl1t"~~fd A.jmi?lis1rat:ve A.~~j$tZl:lt Oat"
C(;:;::t~ r...~;;.;:;;.~~:;:s aff:<;~ Of'f:c~ t'!of ?c'h:'t~..1!-Je.n~t"!t~~ &. ::h:d~~~f S:~5/Z0n(~ 4.n~ PM
Approved By
Mo.rk h:;.o~x!70c;~~ Budget A~:o:)r~~ O~t"
CC:"::1ty M3r:3ge:-'s Off:ce Offk-e of M(}n(}g~}n1~::-nt &. E3'i.j~{:lt 5!27i2DM 2t.4 PM
Approved By
Mif,;h~e: Smyknwski :r,..hji;qg..~rr;.~Pt & B~oi.iget Difol.~>;t.{H' l);1te
C,,'!o~:~ty M~'~H":~S*:"$ Off:c.e Off:o.:~ r;f MQr;Q~&rn~~;~ &: g,-=d}J~t s!;r:!7.n(}J~ t:1:} ~M
,\pproved By
J ~rn~:s V. M~cld C-:,unty M~n~~~f Date}
8<><>..d <;1 Ccwnty
(:f}Pf;:7l;5$if),i..~f$ Count."j M~nagflr'!? Offi!:.e 5127i2(/(M f.'?1 PM
-
Agenda Item No. 16A1
June 8. 2004
3 of 5
--..-----..-- 'h' -.p ..,,--.-. -"~'"-"'-'- ,~.- .~_.-
,
RESOLUTION NO. 04- -
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA TO AUTHORIZE FINAL ACCEPTANCE
OF THOSE ROADWAY, DRAINAGE, AND WATER
AND SEWER IMPROVEMENTS IN TARPON BAY.
RELEASE OF THE MAINTENANCE SECURITY,
.<\NO ACCEPT THE MAIl\lENA1'\CE
RESPONSIBll..,ITY FOR THE ROADWAY.
D~AGE, A." TI WATER ANTI SEWER
IMPROVEMENTS THAT ARE :\OT REQUIRED TO
BE MAINTAINED BY THE TARPON BAY
HOMEOWNERS ASSOCIATION.
WHEREAS, the Board of County Commissioners of Collier County, Florida. on
l\'"ovember 28. 2000 approved the plat or Tarpon Bay ror recording; and
WHEREAS. the Developer has constructed and maintained the roadway,
drainage. and water and sewer improvements in accordance with the approved plans and
specifications and as required hy the Land Development Code (Collier County Ordinance
1\0. 91-102, as amended), and the Utilities Standan.ls and Procedures Ordinance (Collier
County Ordinance No. 01-57); and
WHEREAS, the Developer is requesting tinal acceptance of the roadway.
drainage, and water and sewer improvements aml release or his maintenance security;
and
WHEREAS, the Engineering Review Department of Community Development
Services has inspected the roadway, drainage, and water and sewer improvements, and is
recommending acceptance of said facilities.
NOW, THEREFORE, BE IT RESOL \lED BY THE BOARD OF COUNTY
CO\1MTSSTONERS OF COLLIER COlf.'.lTY, FLORIDA. that rinal acceptance is
herehy granted for those roadway, drainage, and water and sewer improvements in
Tarpon Bay, and authorize the Clerk to release the maintenance security.
BE IT FCRTHER RESOLVED A:\D ORDERED that the County accept the
future maintenance and other attendant costs for roadway, drainage, and water and sewer
improvements that are not required to be maintained by the Tarpon Bay homeowners
association. That portion of Tarpon nay BOule.,ard identified as "Tract A" will be
maintained by Collier County.
This Resolution adopted aner motion, seumd and majority vote l'avoring same,
this _ day of ,2004.
DATE; BOr\~D OF COL"l'\TY COMMISSIONERS
ATTEST; COLLIER COCNTY. FLORIDA
DWIGHT E. BROCK, CLERK
By:
L'O:\'XA FIALA. CHAIR,,\1AN
Approved as to form and legal
sufficiency:
Jennifer A. Belpedio
Assistant Collier County Attorney
Agenda Item No. 16A 1
June 8, 2004
4 of 5
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LOCATION MAP SITE MAP June 8, 2004
5 of 5
TARPON BAY
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EXECUTIVE SUMMARY
Request to grant final approval of the roadway (private), drainage, water
and sewer improvements for the final plat 01 "Capistrano at Grey Oaks".
The roadway and drainage improvements will be privately maintained, the
water improvements will be maintained by the City of Naples, the sanitary
sewerage collection system will be maintained by Collier County
OBJECTIVE:
To grant final approval of the infrastructure improvements associated with that
subdivision known as "Capistrano at Grey Oaks"
CONSIDERATIONS:
1. On December 6, 2001, the Board of County Commissioners granted
preliminary acceptance of the roadway, drainage, water and sewer
improvements in "Capistrano at Grey Oaks".
.,-
2. The roadway and drainage improvements will be maintained by the
project's homeowners association. The water improvements will be
maintained by the City of Naples and the sewer improvements will be
maintained by the County.
3. The required improvements have been constructed in accordance with the
Land Development Code. The Engineering Services Department has
inspected the improvements and is recommending final acceptance of the
improvements.
4. A resolution for final acceptance has been prepared and approved by the
County Attorney's Office. A copy of the document is attached.
5. This Executive Summary has been reviewed and approved by the
Transportation Services Division and the Public Utilities Division.
FISCAL IMPACT:
The roadway and drainage improvements will be maintained by the project's
homeowners association. The sewer improvements will be maintained by the
County's Public Utilities Division through their operation and maintenance
budget.
.-
Agenda Item No. 16A2
June 8, 2004
1 of 5
"~.._--"""""" ",--,,-' ',',' ~''''""",._,..,_..~,, "~,..,,.._-~-,
Executive Summary
Capistrano at Grey Oaks
Page 2
GROWTH MANAGEMENT IMPACT: There is no growth management
impact.
STAFF RECOMMENDATION:
That the Board of County Commissioners grant final acceptance of the
roadway, drainage, water and sewer improvements in "Capistrano at Grey
Oaks" and release the maintenance security.
1 . Authorize the Chairman to execute the attached resolution authorizing
final acceptance.
2. Authorize the release of the maintenance security.
,.-"
.-
Agenda Item No. 16A2
June 8,2004
2 of 5
COLLIER COUNTY
._. BOARD OF COUNTY COMMISSIONERS
Item Number 16A2
Item Summary Request to grant finai approval of the roadwHY (priv<:!0). dra;nagE!. ',Af<:ier and
Se'NE!r irnprovElI'':1E!r.ts for thE! final plat of "Ci3pistrano at Grf;y Oaks" the roadway
and drainage ;n:prov/;:1m/;:1nts will be privat/;:1ly maintained. the water
improvements "'ll{~H be m8.ir:tsined by the City of Nsples, the sanitary se\.verage
'~oilecl:on system wili be l"nainta;ned by Collier County
Meeting Date 618/2004 9:00:00 AM
Prepared By
J.::Jb-; Hculdsworth Senior Engineer Date
Commur:ity Development & Enf:iil~el;rj(l9 Ser\ril~es 51111:!OQ41(1;03:nSAM
Envircnmenti3! Services
Approved By
fhc:',,-,;; ;;;. Kuck, P.E. COES Engin<l<lflr:g Servkr,;; Dimctor Oilt""
CC:11munity Or:v<llopment'& COES Er1~1in~edr:g Sfiryi!.;~:; 512:3f2'Xl4 S:21 AM
1:':r:'J,ronmr:r:tal Serviu::.
Approved By
S;mdrc\ L8'~ Ex<,cutive Secretary Di.ite
,,-- Ccmmuflity D!i;;e!opment 8. Cmnmur1ity D!i;;e!opment 8. 5120120U4 4:49 PM
Er.vimnm!intal Sefyic<,s Envimf1m!intai Sefyic;;-,; Admin.
Approved By
COil stance A. Jchnson Oper<!tions An<!iyst Date
Commur:ity Deyelopment & Community Development & 5!<'1!:!OU4 ?:SS AM
Erwircnmenti3! Services Envircnmenta! Services Admin.
Approved By
Jo!;eph K. Schmitt Communi!.,! Dey!;IQpment. ,&
f.n,;ir,~nr'le(lta; Servkes Adly:ir:str<ltor l)"te
C.r~r:1in~Jn~t}t OWvf:k;prr:f:nt &: G,~mrmH1ity Dw.ek,pmmlt & 5!21120U4 g: ~g PM
Er:\/h'onlrs~nt8f 5aFvjces. En\"j,'ont"='H~nt8: S1'Hvices AJ..~fnin.
Approved By
Pc\t Letmhard Admini-,;tri'ltiv!i Assisti.int l)",t;;
C:'Hmty Maf1,~g!ir's Office Offic& of Management & Budg;;( 512512:3U4 4:02 PM
Approved By
M~rk ~5ilCks.cn Budget Analyst Date
County Manager's Office Office .::Jf Mar:agement & Budget 5!2r120il41:4S PM
Approved By
Michael Smykowski Milr:agement & Budgr:t Oir.-,ctor D3ttW,
CO!Jr:ty Man,1ger's Off!c!! Office (Sf M,1r:ag<lnumt & Blicg..:t 5J2J'!2(j{l4 f.i:12 PM
,,-
Approved By
J<:rr:es V. Ms;dd GNmty Manager Oate
l:h~M\'! {)f Cnvaty AgendaJ~~~~~~
COinm~~s.~oner$ Cour:ty Maf1ager's Office
6 Elf 5
.",....~" ~ "-"'~' ~.,.,,- -....- ~,._._-
RESOLUTION NO. 04- -
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY.
FLORIDA TO AUTHORIZE FINAL ACCEPTANCE
OF THOSE ROADWAY. DRAINAGE. AND WATER
AND SEWER IMPROVEMENTS IN CAPISTRANO
AT GREY OAKS, RELEASE OF THE
MAINfENANCE SECL'RITY. AND ACCEPT THE
MAINTENANCE RESPONSIBILITY FOR THE
ROADWAY, DRAINAGE, AND WATER AND
SEWER IMPROVEMENTS THAT ARE NOT
REQUIRED TO BE MAINTAINED BY THE GREY
OAKS HOMEO~'ERS ASSOCIATION.
WHEREAS, the Board of County Commissioners of Collier County, Florida. on
August 1.2000 approved the plat of Capistrdno at Grey Oaks for recording; and
WHEREAS. the Developer has constructed and maintained the roadway.
drainage. and water and sewer improvements in accordance with the approved plans and
specifications and as required by the Land Development Code (Collier County Ordinance
:\0. 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 01" the roadway.
drainage. and water and sewer improvements and release of his maintenance security;
and
WHEREAS, the Engineering Review Department of Community Development
Services has inspected the roadway, t!rainage, ant! water and sewer improvements. ant! is
recommending acceptance of said facilities.
NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COCNTY
CO'v1MISSIONERS OF COLLIER CO~TY. FLORIDA. thal I"inal acceptance is
herehy granted for those roadway. drainage, and water and sewer improvements in
Capi'mano at Grey Oaks. and authorize the Clerk to release the maintenance security.
BE IT FCRTHER RESOLVED A.."<D ORDERED that the County accepl the
future maintenance and other attendant costs for roadway, t!minage. and water and sewer
improvements that are not required to be maintained by the Grey Oaks homeowners
association. The water distrihution system will he maintained by the City of Naples.
This Resolution adopted after motion. secont! and majority vote favoring same.
this _ day of ,2004.
DATE: BOARD OF COUNTY COMMISSIOl'<'ERS
ATfEST: COLLIER COCNTY, FLORIDA
DWIGHT E. BROCK. CLERK
By:
DO~'NA FIALA, CHAIR..\1AN
Approved as to form and legal
suniciency:
Jennifer A. Belpedio
Assistant Collier County Attorney
Agenda Item No. 16A2
June 8, 2004
4 of 5
",-^
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LOCATION MAP SITE MAP June 8, 2004
5 of 5
CAPISTRANO AT GREY OAKS
-
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EXECUTIVE SUMMARY
Request to grant final approval of the roadway (private), drainage, water
and sewer improvements for the final plat of "Santa Rosa at Olde Cypress".
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 "Santa Rosa at Olde Cypress"
CONSIDERATIONS:
1. On March 25, 2000, the Board of County Commissioners granted
preliminary acceptance of the roadway, drainage. water and sewer
,r'-' improvements in "Santa Rosa at Olde Cypress".
2. The roadway and drainage improvements will be maintained by the
project's homeowners association. The water and sewer improvements
will be maintained by the County.
3. The required improvements have been constructed in accordance with the
Land Development Code. The Engineering Services Department has
inspected the improvements and is recommending final acceptance of the
improvements.
4. A resolution for final acceptance has been prepared and approved by the
County Attorney's Office. A copy of the document is attached.
5. This Executive Summary has been reviewed and approved by the
Transportation Services Division and the Public Utilities Division.
FISCAL IMPACT:
The roadway and drainage improvements will be maintained by the project's
homeowners association. Water and sewer improvements will be maintained
by th e County's Public Uti Iities Division through their operation and
maintenance budget.
,~.-....
Agenda Item No. 16A3
June 8, .2004
1 of 5
....- ,.....~.,...""-",--, ~...._.._...
Executive Summary
Santa Rosa at Olde Cypress
Page 2
GROWTH MANAGEMENT IMPACT: There is no growth management
impact.
STAFF RECOMMENDATION:
That the Board of County Commissioners grant final acceptance of the
roadway, drainage, water and sewer improvements in "Santa Rosa at Olde
Cypress" and release the maintenance security.
1. Authorize the Chairman to execute the attached resolution authorizing
final acceptance.
2. Authorize the release of the maintenance security.
-
-
Agenda Item No. 16A3
June 8,2004
2 of 5
,-
COLLIER COUNTY
...- SOAR.D OF COUNTY COMMISSiONER.S
Item Number 1 E,!~\:3
Item Summary Reqi;0:;t to gf,~rlt final approval of the road'....ay (private). draif1ilgH. W<Her and
seWElr ImprovElmElnts for the fonal plat of 'SantH Rosa at Oidi~ Gypn:ss" the
roadway and drainage Improvements wiii be privateiy maintained, the water and
sewer improvements wii! be maintained by COiiier County,
Meeting Date 6/8/2004 9:00:00 AM
Prepared By
John Hou!dsworth Senior fngineer Date
Community Deve!opment & Engh~"erjng Services 5!"i1120M iO:UJ:05 AM
Environment.3E Services
Approved By
1"110'1:,:;; ~. Kuck, P.E. CDES Engh:<l:ering Senile,,;; Oin:ctor l:k,t0
Community D"v<l:!opmei1t &. COES Ef1\1ir:eering Sef'\rlCl;3
Er::\}~rOnmf~r.ta~ S~rll;if'.t.~:) 5120f2Q04 9:2'1 AM
Approved By
S;mdm I..e<, f.x<;n;t,ive Se(;ret;;ry O,-,te
C..."!rfHn:H~~t)" Of.i'v'~k;p~~-nnt 8c C,"!r~in:sn~ty O~;,'~k;pn":~nt &
Er:\"h'!;nl":'s~nta~ SeiVJCes. Er:I(;n';n~rH~ntaj S1HV$<;~S .A..:..ifrik:. 5:20!2tHl4 4:5': PM
-
Approved By
Constance A. Johnson Operations Analyst Date
Community Development & Community Development &
Env,ronment.3! Services Environmenta! Services Admin. 512i:;2004 7: 5S AM
Approl'ed By
Cmnmut'lHy Dev!-Ik)pment, &
,los"ph K. Schmitt En'Jlronm"ntal Servir..-,;; Adl1,instrator l).:.;te
Comn1\Jr.ity D<l:vel(Jpmflnt is. Community D<l:vl!l(Jp'YI!lnt is.
bw;ronment,1E SMVlC0S EnvircnrMnt,1i S!lr;;iC0S Actmin. 5f2;i!2Gi34 ,1:47 PM
Approved By
Pat lelmhard Admini3tratj"li Assist.:.;nt Dat"
CCUt'lty MMlag6r'~ Offic!-I Ofl1(;!-I of Mal1.~g<lment 8. B!;dget 5f25!:?OlJ4 4:lJ3 PM
Approved By
Mark Isackson Budget Analyst Date
Co\mty Mamlglir's Omce Offic~ ..,f M;.magermmt .& Bu;.lget 5f27!2Gi34 2:53 PM
A pproved By
Michael Smykowski Management & Budget Oir.,ctor Dat.-,
County Manager's Office Office of Management & Budget 5f:W20U4 6: 15 PM
- A pproved By
J<'Imes V. Ml;dd C,1W1ty M.m;;ger O.ate
80<'lH~ of Cl'll;nty
C!;,T:miss~oners COUt'lty Mamlglir's Office 5!31.12()G41:iJ': PM
Agenda Item No 16A3
June 8, 2004
30f5
------.' , -~-""~". ' '-'''- '--- -_..,,'~._-
RESOLUTION NO. 04- _
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY.
FLORIDA TO AUTHORIZE FINAL ACCEPTANCE
OF THOSE ROADWAY, DRAINAGE, AND WATER
AND SEWER IMPROVEMENTS IN SANTA ROSA
AT OLDE CYPRESS. RELEASE OF THE
MAINTENANCE SECURITY, Al'ID ACCEPT THE
MAINTENANCE RESPONSIBILITY FOR THE
ROADWAY, DRAINAGE, AND WATER AND
SEWER IMPROVEMENTS THAT ARE NOT
REQUIRED TO BE MAINTAINED BY THE SANfA
ROSA AT OLDE CYPRESS HOMEOWNERS
ASSOCIATION.
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
September 14. 1999 approved the plat of Santa Rosa at Olde Cypre~~ for recording; and
WHEREAS. the De~eloper has construcled and maintained the roadway,
drainage. and water and sewer improvements in accordance with thc approved plans and
specitications and as required by the Land Development Code (Collier County Ordinance
Ko. 91-102. as amenuedl, and the Utililies Slandards and Procedures Ordinance (Collier
County Ordinance No. 01-57); and
WHEREAS, the Developer is requesting final acceptance of the roadway,
drainage, and waleI' and sewer improvements and release of his maintenance securily;
and
WHEREAS, the Engineering Review Department of Community Development
Services has inspected the roadway, drainage, and water and sewer improvements, and is
recommending acceptance of said facilities.
NOW, THEREFORE. BE IT RESOLVED BY TIlE BOARD OF COUNTY
CO:OV1MISSIONERS OF COLLIER COUNTY. FLORIDA. that final acceptance is
hereby granted for those roadway, drainage, and water and sewer improvements in Santa
Rosa at Olde Cypress, and authorize the Clerk to release the maintenance security.
BE IT FL:RTHER RESOLVED A:--;D ORDERED that the County accept the
future maintenance and other attendant costs for roadway, drainage, and water and sewer
improvemenLs that are not required to be maintained by the Sanla Rosa at Olde Cypress
homeowncrs association.
This Resolution adopted after motion. second and majority vote favoring same,
this _ day of ,2004.
DATE: BOARD OF COIDoTY COM:\1ISSIONERS
ATIEST: COLLIER COliI\TY. FLORIDA
DWIGHT E. BROCK, CLERK
By:
DONNA FIALA, CHAIRMAN
Approved as lo form and legal
Suffil:icncy:
Jennifer A. Belpedio
Assistant Collier County Attorney Agenda Item No. 16A3
June 8, 2004
4 of 5
-
I LEE COUNTY
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LOCATION MAP i
SANTA ROSA AT OLOE CYPRESS SITE MAP June 8, 2004
5 of 5
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EXECUTIVE SUMMARY
Request to accept a Construction, Maintenance and Escrow Agreement for Site
Excavation at Tuscany Cove
OBJECTIVE:
To accept a Construction, Maintenance and Escrow Agreement for a Lake Excavation
located in Section 12 Township 48 South, Range 25 East, Collier County, Florida.
CONSIDERATIONS:
Engineering Services Department has completed the review of the construction drawings and
specifications related to the Excavation Permit for "Tuscany Cove". 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, Maintenance and
Escrow Agreement for Site Excavation, shall be provided and accepted by the Engineering
Services Director and the County Attorney's office prior to the commencement of
construction. This would be in conformance with the County Land Development Code -
Division 3.5.
_.
Engineering Services Department recommends approval of the Standard Form Construction,
Maintenance and Escrow Agreement for Site Excavations.
FISCAL IMPACT:
The project cost is $502,271.25 (estimated) to be borne by the developer.
The Security amount, equal to 110% of the
project cost, is $552,498.38
The County will realize revenues as follows:
Fund: Community Development Fund 113
Agency: County Manager
Cost Center: 138900 - Development Services
Revenue generated by this project:
Total: $6,350.00
The breakdown is as follows:
a) Permit Application - $2,000.00
b) Inspection Fee - $2,400.00
c) Permit Fee - $1,950.00
-,
Agenda Item No. 16A4
June 8, 2004
1 of 4
___~~h'_"",__",,,_,___ '""-""-,,,_,'''"'",,''~ '-' -"""'_._"'~"""'''''--'
Executive Summary
Tuscany Cove
Page 2
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact.
ENVIRONMENTAL ISSUES: There are no outstanding environmental issues.
HISTORICAL/ARCHAEOLOGICAL IMPACT: There are no historical or archaeological
impacts.
EAC RECOMMENDATION: Approval
STAFF RECOMMENDATION:
That the Board of County Commissioners accept the Construction, Maintenance and
Escrow Agreement for Site Excavation with the following stipulation:
1. Approve the amount of $552,498.38 as performance security for the required
improvements; or such lesser amount based on work completed, and as is
approved by the Engineering Services Department.
\
.-
Agenda Item No. 16A4
June 8, 2004
2 of 4
COLLIER COUNTY
.- BOARD OF COUNTY COMMISSIONERS
Item Number 1f..~A
Item Summary Req;;E!;;j to aCcBpt .3 Cor.structi.;;n, Mair.tm1<lnCe and Escrow Agr0t!m~;f1t for Sit.~
Excavation at Tuscany Cove
Meeting Date 6/8/2004 9:0D:00 AM
Prepared By
John Houldswmth Senior Ef1~lineer Date
Community Development & Et1gil~!l~rll'lg S~rvk.iS "i!'i1!l0n4 10:03:05 AM
Environmental Services
Approved By
Thomas E. Kuci<, P.E. CDES Engif1c~rjng Ser/:cE5 DirEctO[ Date
Community DEvclopment 8- COES En9jf~e~d~":g Sf1rv~G~S
EnvironmEntal Services SI24!20(l4 (}:20 AM
Approved By
S!l;~dm L<>a f.X"',1(' live Seaet!lf)! Oa\e
C.:..~rfHntH'~ty Dw,;ek.lpl~fH~t ~~ C.:..~mn~unity DwY"*kJpn":f5~'t :~
Env:rcnr:1entJ1: ~~~rvjC€S Eni,...:r-cnrnentri: S~rvjc~s A::-:r.1in. 5!2.i12()G4 1 G:l}(l ,<\M
Approved By
- Comrmmity Devei,'p~fHl:"lt &
JOH:ph K. Schmitt EnVtronment,~E Services Admin:itmtor l);:te
C;}rnmunity De...e!opment Ii. Community Deve!opment Ii.
Environmental Services Enveronmfo'ntal Se,vic<,s Admin. Si24!2(HI4 4:49 PM
Approved By
f'zt L~h!1na[d Actmil~i;;tfatlv!! A;;;;ist;:nt nate,
County ManagE'['S Office Office .;:of Managcment & Budget 5125120044:05 PM
Approved By
MMK l",.CKf,!H1 8udget Ar:aly"t Oa\1l
Co!mty Mar;,1g..['S Offic~ Otfic.. of Manag~me:nt & Blidge:t 5iV'!2004 2:58 PM
Approved By
Mid1~el SIYlyi<.').....ski M<:pa9f:1r:lefl( & 8udget DirM;tN Oat",
C,~.mty Manager's Office Office of M.~pagf:l1ner.( & e.\:dgllt Si27!ZO(l46:19 PM
Approved By
,lam'il:i V. Mudd County Mi.mager Date
Souc of County COEmty Man,3g.ir'S Otilc..
COinrni~sioners 5J31!2004 ';:03 PM
,-
Agenda Item No, 16A4
June 8, 2004
3of4
-. --^"....----- ~........ ~ ,--
.
LEE COUNTY
D ---
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LOCATION MAP SITE MAP
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.-.
EXECUTIVE SUMMARY
Recommendation that the Collier County Community Redevelopment Agency (CRA)
accept the 2003 Annual Report of the eRA, direct staff to file the annual report with the
Clerk of the Circuit Court and recommend its acceptance by the Board of County
Commissioners (Be C).
OBJECTIVE: That the CRA accept the 2003 Annual Report of the CRA, direct staff to file the
report with the Clerk of the Circuit Court and recommend acceptance by the BCe.
CONSIDERA nONS: Florida Statute Sec. 163.356(3)(c) requires the Collier County
Community Redevelopment Agency to file an annual report each year "of its activities for the
preceding fiscal year, which report shall include a complete financial statement setting forth its
assets, liabilities, income, and operating expenses as of the end of such fiscal year." The "2003
Annual Report," attached as Exhibit A, includes these requirements for the fiscal year ending
September 30, 2003. The report accurately ret1ects the income, operating expenses and account
balances at the end of the 2003 fiscal year. The format of the 2003 Annual Report was selected
for its effective transmission to community members. It can be used as a marketing tool in
brochure form by the CRA. Acceptance of this report will enable its filing with the Clerk of the
Circuit Court pursuant to statute. A complete audit of the 2003 CRA financials is performed
along with the overall audit of Collier County, pursuant to Florida Statute Sec. 163.387(8), and is
.- not a part of this acceptance.
FISCAL IMPACT: None. The express pmpose of this action is to direct the filing of the 2003
Annual Report and to have the BCC accept the report.
GROWTH MANAGEMENT IMPACT: None.
STAFF RECOMMENDATION: That the CRA accept the 2003 Annual Report of the CRA,
direct staff to file the report with the Clerk of the Circuit Court and recommend its acceptance by
theBCe.
\
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Agenda Item 16A5
June 8, 2004
1 of 3
_..".~~-.","_.....,~...,_..,- -,,~.'"-"" ""_"'~"'''''''''''''_''''''If''''''''''' '-""'",~"'----'.,,"-... ''''''''''''.'''''_~M."__'_'
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONF..RS
-
Item Number 161\5
Item Summary rhe Soa.d ot County CommisslGners acting as the CommuMy Redf,ljf,lopm(,nt
Agency. i'\eccmmend"t;c,r: that the Colllf,. l~ounty Community R,;dev,1Ii)pment
Agen,':'f (CRA) ACGllpt the 2003 Annual Report of the CRA, Direct Staff tl) File
tr,f1 Annuai Report with tr'f1 Clerk of the CirGuit Court and Recommend !t~.
Af;cepterJfk by trfB BC~i:I(d of CQun~v' Ccmr.l::-;sianBrs (SeG).
Meeting Date 618:2004 9:DO'00 AM
Prepared By
.J<;hr:.O!'JvidM""" Sen,,,," 1"';;''''1';' Date
Cumm,mity 0...."lc;>"'1>'11. 1\ Comp'r""tl~nsty.-:. P~~!B1ing 51111200" 10:03:05 AM
f:nlo,tirvTlm€ntal ~:~rV1!';~$
Approved By
CoOmmuint)~ i"lann~n~ ~n.j Date
r<~ndaH J. C!'Jh~!S Rede,e!Gp':lem Ma"a\;e:'
Ccmmuni1v D~ y'~;')~ffl~{ft &.
F.:(p;in~:"l~le"'I~.~1 S;';;\~':;;c~j Gvmpr~h~ns;v~ Pl~nnjnlJ ~;11!~<iH4 :;;:,1 PM
Approved By
(;l,.~r:~t~:"lc* .4. .Jo('.J.r;;:~jC;;i af.i'~f::atlon~ An1;;}'~.t DatI!
Cl"!'~~:~nNY DCl"\ic:C;p:nClllt .& C0~nrru;.::~:\r' t~evelopP.":~~~ &.
E:n\":rc;01~H.~nt3.1 t~r\'::";~s :: ,i;;i;cnrr:t=:r:t:;:: S5Jf~.;C;~;~ .'\Jrnin , 5ti~iL004 '1~:1.2 AM
,\pproved By
-- S~ndro l.~o ::,Y.~'!";utjl(~ S~!';f~ta.y O~t~
Cf;mm;..mtt"j O~y',*t~:1me:!'!t & ~~"mmun:ty n'Sv~I'!'JfJm~..t .& 5/1 ~!2f}04 ~:45 .A_M
Environ:n~ntal 5.:.rAo:.5j ~r:v:ronmi1'n\.:;; :Scndc~~ Admin.
Approved By
l)avidV"';ef!K~. I'),:G~ Chie: J>~;:snr:i,,~r I)"tl!
Ccmm:~f}jty 1).;,~""'..~;G;.HnO(Hrt & COlnj.}r~~'~(I!:ofy~ p;;"j!'~(d(lg 511 ~I.l004 4.14 PM
Enviro!it'fi(.nt3t Servi:::es
Approved By
C00(nmun:ty O~\lt1iopmc~t & l)"tl!
.Jo",p.r>hK.<id:,."itt :: n.,ih"{lnn'H=:r:t::~: S9r~'~r;H:e:. I\Jmin$t:":'Jto;
(1)il.ii~i.mtt'J O~'l(~!cpmef1t 3. ~~vmml:r::ty Di}vp.if>prro~f:~ &
E{lv~j"o:-:m~ntal $-:.rvic-:.s E~v:ron!'n.}~-~t-3; S-enr:CC5 Ad:nin. 5'14/2004 ;;:11 AM
Approved By
M!'Jrl<ls!'Jd,,,m: !\::d!:l"t An;'O;y,t ""te
C~:H:~ty M~~~;~H)~:"~ O!f:e:e Off:;;~ of M7ioH;;gC$rHC$nt & Bud}Jtlt 5116/7.00/: 10:53 AM
Approved By
p~~ l~hnh~r{j A.dmirlir:>tra:.h'€ As.$~swnt Dat~
COU!1ty M.:zr~~~.:.t5 Otf;l:~ Orr;ce of Management ~, a"dg~t 5.i25:ZrJ04 J:S2 PM
Approved By
Mk"....: $mykow",ki M3n"9"menf & ~~"dgp.t l)in~(';f<>r Oatp.
C<;""ty ~b"o!i":'~ 0fF:c.:~ Office l'>f Managem...nt :'\. Eh,d{l~f 611tlCll4 !l:27 AM
Approved By
,,~......~
ltlt:o E. Ochsl Jr. Deputy C<lum)i Manager Date
SGard of CCUllty fii1!~(:<)4 1;)::;;; ~i'il
C nmmbl~lnr:er~ Gvunty Mana9f!r'~ Gf1l.c...~
Agenda Item 16A5
June 8, 2004
2 of 3
---,------ -.-, .~._---
EXHIBIT A
CRA 2003 BUDGET
2003 Annual Report I..OKAUE(FUND'~
REVENUES
Transfer from General Fund $176,200
The Colier County Commurity Redevelopment began to see the first signs of large-scale land Transfer from Unincorporated $ 36, 700
Agency (CRA) had a successtJl year in 2003. investments i'I 2003. Some signlil3'It projecls Reimbursement $ 60, 000
Nevertheless, both of i1s dis~cts, Immokalee and that began or were compleled in 2003 were: Interest Earnings $ 8,167
the BayshorelGateway Triangle, have only Cany FOIWlIrd $162,338
begun to saatch the surface of thai' numerous COTTAGE PARK (permitted-new)
redevelopment ~ecjves. Below is a summary Lakeview Drive - 5 single family Total $443,405
of the redevelopment activities accomplished i'I homes
2003 BOTANICAL PLACE (pemitted~ew) EXPENDITURES
Bayshore Drive near Thomasson- 0perati1g Expense $60, 905
Immokalee Redevelopment Area Gateway 200+ Condo Complex Capital Outlay (St Ughting) 560, 000
The Immokalee Redevelopment Disbict spent "THE LOFTS" (permitted-rehab) County Employee SI4lPOft $15,000
2003 focusi1g on stormwater and housing West Side of Bayshore near fle
projects as we. as developing economic Lakeview interseclion-5 new artist Total $135,905
incentives. The most significant projects lofts, The Bayshore Coffee
undel1aken in 2003 were: Company, Haldeman Creek Art Total Fund $307,500
Gallery
THE IMMOKALEE HOUSING INfTlATIVE GLASS BLOWN ART GALLERY (rehab of old BAYSHORE/GATEWAY TRIANGLE (FUND 187)
. Phase One--Site Improvement Plans for Dixie Plumbing Bldg)
mobile home parks in the Redevelopment East Side of Bayshore near Lunar St REVENUES
Area were submitted to determine EAST NAPLES FIRE HOUSE (permitted- new) Transfer from General Fund $368,400
compliance with code SE comer of Bayshore and Jeepers Transfer from Unincorporated $ 76,700
. Phase Two-Ongoing survey of the entire BOTANICAL GARDENS. (permitted~ew) Interest Earnings $ 17,569
community's approximately 5000 housing Bayshore Dnve & Thomasson- SDP Carry Forward $387,598
units (to detennine their actual condition) Plan & FGCU Research Center
was initiated Total $850,267
ALLOCA nON OF HOUSING FUNDS .' EXPENDITURES
· $3500 in SHIP funds alocaled ._ . .'. '. . , ,.,,':.,,\ Operating Expense $1,374
· $350 in HOME funds allocated ." :r..." '. Grants Program $4,000
THECLlFTON/1OTHSTPROJECT~, ...... ;', :t.,". CountyEmployeeSI4lPOft $15,000
· Utility and road enhancements were begun ". _ j
along Clifton Street Extension to open up __ Total $20,374
the area lor affordable hOUsing
THE "LESSER STUDY" ....' _ '_'--"'.,~: ,., Total Fund $829,893
· Ecooomic incentives targeted at the " ,,! . ',~',
Immokalee area were identified and/or / . : .,...., CRA Board
developed . .if '. ,<,~': ~, Commissioner Donna Fiala, Chairman
ECONOMIC INCENTIVES 'A, . .,)" ." Commissioner Frank Halas, Vice-Chairman
I " ',.
The County Board approved four economic I ~ - . Comm~sioner Fred W, Coyle
incentive programs for Immokalee: ComrtllSSlOner James N. Colella
. Residential Impact Fee Deferral Program- The Gatewa~ ! liangle portion of this disbict Commissioner Tom Henning
pos1pones payment of impact fees until the started the l1itial phases of developing a zoning
home is sold transferred or refinanced overlay that would change and foster growth CRA Staff
. P rty T 'St. uI 0. .Iig t beginning in late 2004. Some significant nmiects Stan Litsinger, AICP, Comprahensive
rope I ax 1m us n ogram-rru a es ,... ~J . .
the """"'om' ffeels f. d that began or were completed In 2003 were: Plamng Dtrector
..~' IC e ~ Inallase Randy Cohen, Comrnooity P1aming and
rbelocatiOn and expanSIon costs for targeted LINWOOD COMMONS (under construction-new) Redevelopment Manager
uSlf1esses .
. Linwood Avenue - Multi Use Light
· F~ Payment Asslsta~ Progra~ Indusbial Complex Bayshore/Gateway Triangle District
~'tigates the econorruc effects o~ Increased CVS PHARMACY (under construction-new) 2408 Unwood Ave, Suite 7, Unit 11
Impact fee rates for targeted bUSInesses NE Camerof Shadowlawn & US 41 Naples, FL 34112
· Bro~dba~d In~structure. ".'Dgra~ GULFGA TE PLAZA (under construction-rehab) 239.643, 1115
proVides Incentives for eligible businesses SW Comer of Bayshore & US 41- D, Aaron Blair,
to install advanced digital infrastructure, multiple new stores (Big Lots, Execuive Director
such as iber optics a wireless systems, Tuesday Morning, AM South Bank)
MARCO OFFICE SUPPLY (pennilting-rehab) Immokalee District
BayshorelGateway Triangle North Side of US 41 ~thin the mini- Colfer County Community
Redevelopment Area biangle Development & environmental Services
The BayshoreJGateway Triangle Redevelopment DAVIS BOULEVARD VILLAGE (permilting;1ew) 2800 N. Horseshoe Dr
Disbict spent much of 2003 focusing on land Southside of Davis Blvd just west of Naples, FL 34104
development overfays, stlrmwater-reIated issues the ShadOYAawn intersection AgendaM2fflA5
a~ .grant ~rograms. Th? Bayshore portion of this RUFFINA (announced-new) . J . ~64
dlsbict, which has a zoning overfay in place, Comer of Sandptper & US 41 enlor~Bjn~f 3
,.r:rwi
,,~...-...-
EXECUTIVE SUMMARY
Approve a Budget Amendment recognizing the Fiscal Year 2005 U.S.
Department of Housing and Urban Development (HUD) program allocations
and budgets.
QlUECTlVE: To recognize the FY 2005 U.S. Department of Housing and
Urban Development (HUD) program allocations and budgets.
CONSIDERA TION: Collier County's grant programs are funded, disbursed and
monitored on a program year beginning July I st through June 30th. This is to
maximize funding from Federal and state sources (SHIP) during the same program
year.
FISCAL IJ\tIPACT: These budget amendments will put the various HUD program
budgets in place on July 1, 2004. The total FY 2005 budget for all HUD programs
is 54,202,000, as follows:
,- Community Development Block Grant (CDBG) $ 2,628,000.00
Home Investment Partnership Act (HOME) $ 882,500.00
Emergency Shelter Grant (ESG) $ 96,500.00
Continuum of Care (CoC) $ 595.000.00
TOTAL $ 4,202,000.00
GROWTH MANAG EJ\tIENT IMPACT: Approval of these Budget
Amendments will facilitate the monitoring and reporting requirements of the
various HUD programs and fund the Financial Administration and Housing
Department to accomplish the goals set forth in the Housing Element of the
Growth Management Plan.
RECOMJ\tIENDA TION: That the Board of County Commissioners approve the
attached Budget Amendments.
_.
Agenda Item 16A6
~Iune 8, 2004
1 of 2
--
COLLIER COUNTY
-. BOARD OF COUNTY COMMISSIONERS
Item Number 1f...~6
Item Summary Approve! a Budg~~t AmendrnBnt r~:Gognizin9 tl:B Fiscal '{Bar 2005 U.S.
Depar:mEl!1t of l-io;;sin\1 Hod Urban DiWE!lopmem (HUD) prO<Jram allocatiQns
and btldgets_
Meeting Date 6!8f2004 9:00:00 AM
Prepared By
COfmac Giblin Housing Development Mam~ge;f" D>':te
Community Deveklprnent & Fln.lnd"j Adn~in_ & Housing 5!27:2004 2:4~:,,6 PM
EnvjfOnmel'lt,~! Ser.vices
Approved By
S~l1drz L,,;"l E-llf:cutive Secmtar,r O"fe
Ccmmunity O,:lielopml!nt & Ccmmunity D.welopml!!lt &
Env~ronmf:nt.a~ Sar.dr.f:S Ac rr;ir,. 5:17i:(O(l,~ 3'49 Pl"'~
Er.'J:ro~1r:'f:r.t.<<: Sa:;'k.f::-;
Approved By
O<>llt.on 8!ik<>r Finandal A(~mhl & H(s",~ing r.Hr\;l,~tm' Oate
Cr~rnn~tl~~~t'f O~v~k}plr:~nt & Fir:ancial Admin. 8. Housir:g
f;.r:\';:'onrn~nt2~ SBndc':1s 5!28i2(Hl4 ~2:0{J PM
A pproved By
..-
Jos.-:pn K. S~.hmirt Community Development & D"fe
Environmenta, Services AdminstratCor
Community Di:-lielopment 8- Community Dl:lielopment & 5:28!20(l4 8:53 PM
Er:vironml:r:ta! Se"/lcBs Enveronml:nta! Sl:rviC8S Admin.
Approved By
P3t ,-Ghnhard Admint:;trati'll! lU;;iistimt Dzt.-:
County Mar;,1g"r"S Offk~l! Off,cl! of ~..Llr:agem'-:l1t & l'h,dgf:f {;!1!2004 8:4!l AM
Approved By
M~fK :S;)Ck~!,;~1 8udget Ar.a!y:?t. Oate
County Man8gl!r"s Offk:l! Officl! of ~..bl1agemf:nt & Bl.,!gf:f {i:1!2004 !l:1i4 AM
Approved By
Michael Smykowski M>,:na~~emen! & Budget Director Date
C,~w1ty Manager's Offke Office "I M.~nag~menl & 8l,dg/)f 6:1!2()(j,1 9:31 AM
Approved By
Leo E. Ochs. Jr. Di!pl.lty County Manager Dz;te
808fe Cof County
Commessioners County Manager's Offke 6/1 !2()(j,111J:,13 AM
.-
Agenda Item 16A6
June 8, 2004
2 of 2
--.. m____." ~ .....- --
BUDGET AMENDMENT REQUEST Por l:ludgetlPinance Use Only
BA#...............................
JE#.................................
BAR#..............................
A.P.H. Dale.... ... ......... ... ....
Fund Number 121 Fund Description CDBO Entitlement Funds FY04-05
Date Prepared: May 25, 2004 Attach Executive Summary
Approved by BCC on: Item No.:
Expense Budget Detail
Fund Center Title: Fd Ctr No.:
WBS Element Title: CDBO Entitlement Funds FY04-05 WBS No.: 345101
(Provide the Fund Center or WBS element information; it is not required to provide both.)
Fund WBS Commit Commitment Item Increase Current Revised
Center Element Item Descriotion (Decrease) Bud!!et Budszet
345101 512100 Regular Salaries $312,600. -0- 5312,600.
345101 5211 00 Social Security $ 24,000. -0- $ 24,000.
345101 522100 Retirement $ 24,200. -0- $ 24,200.
345101 523150 Health Insurance $ 66,400. -0- $ 66,400.
345101 523160 Life Insurance $ 1,600. -0- $ 1,600.
345101 631100 Legal Fees $ 1,000. -0- $ 1,000.
345101 634204 IT - Direct Client Services S 22,300. -0- $ 22,300.
345101 634970 Indirect Cost Allocation $ 17,000. -0- $ 17,000.
345101 634980 Inderdept. Pymt for Svcs $ 5,000. -O- S 5,000.
345101 634999 Other Cant. Svcs $ 17,500. -0- $ 17,500.
345101 640200 Mileage Reimbursement $ 500. -0- $ 500.
345101 640300 Travel & Per Diem $ 5,000. -0- $ 5,000.
345101 640410 Fleet - Loaner $ 100. -0- $ 100.
345101 641700 Cellular Telephone $ 1,000. -0- $ 1,000.
345101 641900 Telephone System Sup. S 1,900. -0- $ 1,900.
345101 641950 Postage, Freight, & UPS $ 2,000. -0- $ 2,000.
345101 644100 Rent-building $ 17,500. -0- $ 17,500.
345101 645100 Insurance-General $ 700. -0- $ 700.
345101 645260 Auto Insurance $ 400. -0- $ 400.
345101 646430 Fleet - Labor $ 700. -0- $ 700.
345101 646440 Fleet - Parts S 300. -0- $ 300.
345101 646445 Fleet - Sublet $ 100. -0- $ 100.
345101 649010 Licenses & Permits $ 800. -0- $ 800.
345101 649100 Legal & Classified Ads S 6,000. -o- S 6,000.
345101 649990 Oth Exp (Fair Hsg Act.) $ 2,000. -0- $ 2,000.
345101 651110 Office Supplies $ 5,000. -0- $ 5,000.
345101 651210 Copying Charges $ 6,000. -0- $ 6,000.
345101 651950 Minor Data Proc. Equip. S 500. -0- $ 500.
345101 652910 Minor Oper. Equip. S 500. -0- $ 500.
345101 654110 Books, Pub. & Subsc. $ 1,000. -0- $ 1,000.
:;lbA~
30fll
-- -_.,_..,--_._'~.,-"..,-~ ------
345101 654210 Dues & Memberships $ 2,500. -0- $ 2,500.
345101 652490 Auto Fuel $ 1,000. -0- $ 1,000.
345101 654260 Training & Education Exp $ 4,000. -0- $ 4,000.
345101 654370 Organizational Dev. $ 500. -0- $ 500.
345101 764360 Office Equip. & Fum. S O. -0- $ O.
345101 764990 Computer Equipment $ 1,400. -0- $ 1,400.
345101 881400 Remit. Other County Dept $280,000. -0- $280,000.
345101 881400 Remit. Other Gov't $137,000. -0- $137,000.
(Naples & Marco)
345101 882100 Remil.-Private $1,658,000. -0- $1,658,000.
Orgs.(Grants)
Net Change to Budget $2,628,000.
Revenue Budget Detail
Fund Center Title: Fd Ctr No.:
WBS Element Title: CDBG Entitlement Funds FY04-05 WBS No.: 345101
(Provide the Fund Center or WBS element information; It IS not required to orovide hath.)
Fund WBS Commit Commitment Item Increase Current Revised
Center Element Item Description (Decrease) Bude:et Bud2et
345101 331555 CDBG Entitlement $2,628,000. -0- $2,628,000.
Net Change to Budget -0-
EXPLANATION
Why are funds needed? Funds are needed to administer CDBG (Community Development
Block Grant) Entitlement program and fund FY04-05 projects. These projects are 100%
grant funded.
Where are funds available? U.S. Department of Housing and Urban Development.
-:t\b~b
4~n
-.---- -_.._-^,- .._'-
REVIEW PROCESS
DATE
Cost Center Director:
Division Administrator:
Finance De artment:
Clerk of Board Admin.:
~lbJl.b
S~ 1\
_,_",~,u_"",__ _ H ---
BUDGET AMENDMENT REQUEST Por BudgeliPinance Use Only
BA#...............................
JE#.................................
BAR#..............................
A.P.R. Dale.... ......... ... .......
Fund Number 121 Fund Description HOME Funds FY04-05
Date Prepared: 5-24-2004 Attach Executive Summary
Approved by BCC on: Item No.:
Expense Budget Detail
Fund Center Title: Fd Ctr No.:
WBS Element Title: HOME Funds FY04-05 WBS No.: 345551
(Provide thc Fund Centcr or WBS element information; it IS not rcqumxl to nrovidc both.)
Fund WBS Commit Commitment Item Increase Current Revised
Center Element Item Description (Decrease) Budeet Bud2et
345551 512100 Regular Salaries $ 40,200. -O- S 40,200.
345551 521100 Social Security $ 3,000. -0- $ 3,000.
345551 522100 Retirement $ 3,100. -0- $ 3,100.
345551 523150 Health Insurance $ 10,200. -0- $ 10,200.
345551 523160 Life Insurance $ 200. -0- $ 200.
345551 634204 IT-Direct Client Services $ 3,400. -0- $ 3,400.
345551 634999 Other Contractual Svcs $ 6,900. -0- $ 6,900.
345551 640300 Travel & Per Diem $ 2,000. -0- $ 2,000.
345551 649100 Legal & Classified Advert $ 3,000. -0- $ 3,000.
345551 651110 Office Supplies $ 1,500. -0- $ 1,500.
345551 651210 Copying Charges $ O. -0- $ o.
345551 654110 Books, Pub. & Subscrpt. $ 1,500. -0- $ 1,500.
345551 654210 Dues & Memberships $ 1,000. -0- $ 1,000.
345551 652490 Auto Fuel $ O. -0- $ O.
345551 654360 Training & Education Exp $ 2,000. -0- $ 2,000.
345551 882100 Remit.-Private Orgs.(grants) $ 439,000. -0- $ 439,000.
345551 884200 Residential Rehab $ 272,200. -0- $ 272,200.
345551 884100 DP Assistance $ 93,300. -0- $ 93,300.
Net Change to Budget $882,500.
Revenue Budget Detail
Fund Center Title: Fd Ctr No.:
WBS Element Title: HOME Funds FY 04-05 WBS No.: 345551
(Provide the Fund Center or WBS element information; it is not required to provide both.)
Fund WBS Commit Commitment Item Increase Current Revised
Center Element Item Description (Decrease) Budeet Budeet
345551 331555 HOME Funds FY04-05 $ 882,500. -0- $ 882,500.
4t tb~"
b~ l\
I I I I I
Net Change to Budget -0-
EXPLANATION
Why are funds needed? Funds are needed to administer and fund HOME (Housing
Investment Partnership Act) Program. This program is 100% grant funded.
Where are funds available? U.s. Department of Housing and Urban Development.
REVIEW PROCESS
DATE
Cost Center Director:
Division Administrator:
Finance De artment:
Clerk of Board Admin.:
:&l lbA"
"of. 1\
---.-.."'.-- "--.--
BUDGET AMENDMENT REQUEST Por Budget/finance Use Only
BA#...............................
JE#.................................
BAR#..............................
A.P.H. Date. ....... ...............
Fund Number 121 Fund Description ESG Funds FY04-05
Date Prepared: 5-24-2004 Attach Executive Summary
Approved by BCC on: Item No.:
Expense Budget Detail
Fund Center Title: Fd Ctr No.:
WBS Element Title: ESG Funds FY04-05 WBS No.: 348001
(Provide the Fund Center or WBS clement information; It IS not required to provide both.)
Fund WBS Commit Commitment Item Increase Current Revised
Center Element Item Description (Decrease) Bud2et Budget
348001 882100 Remit.-Private $ 96,500. -0- $ 96,500.
Orgs.(grants)
Net Change to Budget $96,500.
Revenue Budget Detail
Fund Center Title: Fd Ctr No.:
WBS Element Title: ESG Funds FY 04-05 WBS No.: 348001
(Provide the Fund Center or WBS element information; it is not required to provide both.)
Fund WBS Commit Commitment Item Increase Current Revised
Center Element Item Description (Decrease) Budget Bud2et
348001 331555 ESG Funds FY04-05 $ 96,500. -O- S 96,500.
Net Change to Budget -0-
EXPLANATION
Why are funds needed? Funds are needed to administer and fund ESG (Emergency Shelter
Grant) Program. This program is 100% grant funded.
Where are funds available? U.S. Department of Housing and Urban Development.
=; l btlb
8 of. 1\
REVIEW PROCESS
DATE
Cost Center Director:
Division Administrator:
Finance De artment:
Clerk of Board Admin.:
~ l bA"
9~ll
---,._~"
BUDGET AMENDMENT REQUEST For BudgeliFinance Use Only
BA#...............................
.JE#.... ...... ... .... ........ ... .....
BAR#..............................
1\.P.H. Date.......................
Fund Number 121 Fund Description CoC Funds FY04-05
Date Prepared: 5-24-2004 Attach Executive Summary
Approved by BCC on: Item No.:
Expense Budget Detail
Fund Center Title: Fd Ctr No.:
WBS Element Title: CoC Funds FY04-05 WBS No.: 345801 ~
(Provide the Fund Center or WBS element information; it is not reauired to provide both.)
Fund WBS Commit Commitment Item Increase Current Revised
Center Element Item Descrintion (Decrease) Budl!et Budl!et
345801 634999 Other Contractual Svcs. $ 3,900. -0- $ 3,900.
345801 882100 Remit. -Pri vate $591,100. -0- $591,100.
Orgs.(gnmts)
Net Change to Budget $595,000.
Revenue Budget Detail
Fund Center Title: Fd Ctr No.:
WBS Element Title: CoC Funds FY 04-05 WBS No.: 345801
(Provide the Fund Center or WBS element informatIon; It IS not reouired to orovide both.)
Fund WBS Commit Commitment Item Increase Current Revised
Center Element Item Description (Decrease) Bud~et Bude:et
345801 331555 CaC Funds FY04-05 $595,000. -0- $595,000.
Net Change to Budget -0-
EXPLANA TION
Why are funds needed? Funds are needed to administer and fund CoC (Continuum of Care)
Program. This program is 100% grant funded.
Where are funds available? U.S. Department of Housing and Urban Development.
=*lbAk>
\O~ Il
..~ .-.-. . "._~--~-'-
REVIEW PROCESS
DATE
Cost Center Director:
Division Administrator:
Finance De artment:
Clerk of Board Admin.:
::tl I bAb
II ot. l\
,----.._._~ . --_.~_.,.,,,.._~.._--,---~~- ,. ~'--"~----""-'-"'--
.
.
_.
EXECUTIVE SUMMARY
Approve a Budget Amendment recognizing the Fiscal Year 2005 State
Housing Initiative Partnership (SHIP) Program allocation and budget.
!llYECTIVE: To recognize the FY 2005 State Housing Initiative Partnership
(SHIP) Program allocation and budget.
CONSIDERATION: Collier County's SHIP program is funded, disbursed and
monitored according to the State's fiscal year beginning July 1 st through June 30th.
This is to maximize funding from Federal and state sources during the same
program year.
FISCAL IMPACT: This budget amendment will put the SHIP program budget in
place on July I, 2004. The total FY 2005 budget for the SHIP program is
$3,599,200, This budget amendment additionally recognizes previously un-
budgeted revenue in the amount of $1,336,833 received in the FY03 SHIP
Program budget.
-
GROWTH MANAGEMENT IMPACT: Approval of this Budget Amendment
will facilitate the monitoring and reporting requirements of the various SHIP
programs and fund the Financial Administration and Housing Department to
accomplish the goals set forth in the Housing Element of the Growth Management
Plan.
RECOMMENDA TION: That the Board of County Co~issioners approve the
attached Budget Amendment.
-
Agenda Item No. 16A7
June 8,.2004
Page 1 of 2
- "".'- .,~~,......-_*.,,,--,,.._.._- ,..,,"~-,,,-",,,,,~ ,~."""," -,,'.',... ._"'-~'-
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONF.RS
,-~
Item Number HAl
Item Summary I\ppmvr: a 8udgr:! Amendme!lt recognizing t'le Fiscal Ye3r 200t, Stale Housing
,nit'Oltiv,) Pal1!lership (SHIP) Program Olllo.::aHil!l Olnc budgr:!.
Meeting Date 6/-8/2004 9:00:00 I'\Pvi
Approved By
O""t,m B!\;;..r FifJ1s1'1cj~; A<.hni:~ & Huu~ing OirGctor Oltt"
C(;rm:~uni1.'.J O~ve~o:'>!YI~1'St & ;:inanc;a, Admli1. & B.,usli1g 5;~~!2()04 3:3;; PM
E:nvlmnm~nta~ S....r.;k...:.s
Approved By
Commur!;t-y Development 5:
Jc~a~lh K. Schmitt Er:yirtJfHr~tar:ta: $arvt(";a~ Ad!njfl~tratut" Oltt."
Ct~m~HnSt)r D.;I1r...,~vpm.ant &. C"rr""m::(li O.."..lvpm..r:t &
E:n....irl';o;mol?nml ~:ervi!",es :: ,oviicnmer:t3: S~rv;r;F}~ J\Jmin. 5125120M ~:54 PM
Approved By
S~:1dro l.vo ::x~!;uH,<,~ SCj{;rv:.o:y O"tr.
Cf;mmuni1.y O~ve10:"Jrrl~Ht l'St Comrrn.tr::ty n~"r*;'!';pr;;;:;nt ,is;
Environ:n€ntul S':-fVk-:.s fr:v:mnIY!~r~t~; SCfY:CC5 Admin. ~J'l/2~C4 E:31 AM
Approved By
I--'~:: Lertr:h~rf.$ .J'),dmifli~tr.\.it;v...~ .......ssistant Iht"
C(}t.:f!'ty M~~~~~!'~ Off;t:e Off:c~ cf M3n3~~rn~nt 3: a:..:dg~t o.;"1i10G-i t:3'PJ p.M
Approved By
-
M~{k l~;:'{;!tson S<J<lg<<t Ar:.>lysi 0<>1.>
Cl}.;nt'j ~;,H;;;.g..~:-,~ Off:r;.~ ;)ffi~.. cf M~I'l~9..m'mf 1>. ~!"d'J~t ~i[1!~004 !;:!S1I\M
Approved By
Mk:1.\,;...~: $myl({lW~kj M~n~9..m"nf I> ~."dg~t I)ir",~f<>r O~t,.'
Cm'::l1}1 M:m3\<l<:'s O!f:c<< Qff!-:~ t>f MClnc1J.}ement &. St.:dg<.4 6:1.'2:::04 ~:SS ~M
Approved By
L~1':' .L Gr.:hg, Jr. De;x:ty Ccw'-:ty M~H':3~icr Dat"
Beard of Co"nty
Ct.~~~;~~it~~~n? C:.nmty M~HClg~r'~ Of:;;;:.; 6:<i:/,:)Q<\ 5:45 AM
-
Agenda Item No. 16A7
June 8,2004
Page 2 of 2
.- . .- _e.,__.__. ...~~.._~
BUDGET AMENDMENT REQUEST For Budget/Finance Use Only
BA#...............................
lE#.................................
BAR#..............................
AP.H. Date.......................
Fund Number 191 Fund Desctiption Housing Dust Fund
Date Prepared: May 27, 2004 Attach Executive Summary
Approved by BCC on: Item No.:
Expense Budget Detail
Fund Center Title: Housing Trust Fund Fd Ctr No.: 191
WBS Element Title: SHIP Program Funds FY04-05 WBS No.: 442021
(Provide the Fund Center or WBS element infonnatIon; It IS not requITed to provide both.)
Fund WBS Commit Commitment Item Increase Current Revised
Center Element Item Description (Decrease) Budeet Bud2et
191 442021 512100 Regular Salaries $122,500. -0- $122,000.
191 442021 521100 Social Security $ 9,400. -0- $ 9,400.
191 442021 522100 Retirement $ 9,500. -0- $ 9,500.
191 442021 523150 Health Insurance $ 25,500. -0- $ 25,500.
191 442021 523160 Life Insurance $ 600. -0- $ 600.
191 442021 524100 Worker's Compo Regular $ 200. -0- $ 200.
191 442021 6311 00 Legal Fees $ 1,000. -0- $ 1,000.
191 442021 634204 IT-Direct Client Services $ 8,600. -0- $ 8,600.
191 442021 640200 Mileage Reimbursement $ 400. -0- $ 400.
191 442021 640310 Out of County Travel-Reg $ 2,200. -0- $ 2,200.
191 442021 640410 Fleet - Loaner $ 100. -0- $ 100.
191 442021 641700 Cellular Telephone $ 1,000. -0- $ 1,000.
191 442021 641950 Postage, Freight & UPS S 500. -0- $ 500.
191 442021 644100 Rent - Buildings $ 15,000. -0- $ 15,000.
191 442021 645260 Auto Insurance $ 200. -0- $ 200.
191 442021 645490 Employee Notary Bonds $ 200. -0- $ 200.
191 442021 646430 Fleet - Labor $ 300. -0- $ 300.
191 442021 646440 Fleet - Parts $ 200. -0- $ 200.
191 442021 646445 Fleet - Sublet $ 100. -0- $ 100.
191 442021 647110 PrintlBind Outside Vendor $ 500. -O- S 500.
191 442021 648170 Marketing & Promotional $ 1,000. -O- S 1,000.
191 442021 649030 Clerks Recording Fees,Etc $ 6,000. -0- $ 6,000.
191 442021 649100 Legal Advertising $ 500. -0- $ 500.
191 442021 65111 0 Office Supplies General $ 2,800. -0- $ 2,800.
191 442021 651210 Copying Charges $ 2,100. -0- $ 2,100.
191 442021 651930 Minor Office $ 200. -0- $ 200.
191 442021 651950 Minor Data Proc. Equip. $ 100. -0- $ 100.
191 442021 652490 Fleet - Fuel $ 400. -0- $ 400.
191 442021 654210 Dues & Membership $ 1,000. -0- $ 1,000.
191 442021 884100 SHIP Aff. Housing Down $2,157,700. -0- $2,157,700.
Payment & Rehab
=t l bl1'1
3of-5
--,_.._,-
191 442021 884200 Residential Rehab $ 581,900. -0- $ 581,900.
191 442021 884300 Land Acq. Transfer $ 200,000. -0- $ 200,000.
191 442021 884700 Home Buyer Education $ 35,000. -0- $ 35,000.
191 442021 991000 Reserve for Contingencies $412,500. -0- $ 412,500.
191 442000 883100 Impact Fees $1,336,833. $1,000,000. $2,336,833.
Net Change to Budget $4,936,033.
Revenue Budget Detail
Fund Center Title: Housing Trust Fund Fd Ctr No.: 191
WBS Element Title: SHIP Program Funds FY04-05 WBS No.: 442021
(Provide the Fund Center or WBS element information; it is not required to provide both.)
Fund WBS Commit Commitment Item Increase Current Revised
Center Element Item Descriotion (Decrease) Budget Budget
191 442021 334530 State Hous. lncent. Part. $2,121,700. -0- $2,121,700.
191 442021 369300 Reimb. Prior Year Expend $ 265,000. -0- $ 265,000.
191 442021 369802 Reimb. Current Year Exp. $ 800,000. -0- $ 800,000.
191 442021 345100 Aff. Hous. City of Marco $ 412,500. -0- $ 412,500.
191 442000 487100 Reimb. Current Year Exp. $ 653,416. $ 500,000. $1,153,416.
191 442000 334530 State Hous. lncent. Part. $ 683,417. $1,963,100. $2,646,517.
Net Change to Budget $4,936,033.
EXPLANATION
Why are funds needed? Funds are needed to administer SHIP (State Housing Initiative
Program) program and fund FY04.05 projects. These projects are 100% grant funded.
Where are funds available? State of Florida
~lbA7
LtofS
REVIEW PROCESS
DATE
Cost Center Director:
Division Administrator:
Finance De artment:
Clerk of Board Admin.:
=4f \ bA'l
5 of-S
----~..
,...--- EXECUTIVE SUMMARY
Final Acceptance Of Water Utility Facilities For Berkshire Landings
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 Berkshire Landings, 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 11/5/1996. Final Acceptance is in accordance with
Ordinance 2004-31, as amended.
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 a Cash Bond in the amount of
$2,058.00, will be released to the Project Engineer or the Developer's designated
agent upon the Board's approval.
FISCAL IMPACT: The water facilities were constructed without cost to the Collier
County Water-Sewer District. The cost of operating and maintaining the water facilities
will be paid by monthly user revenues.
GROWTH MANAGEMENT IMPACT: This project has been connected to the County
Regional Water Treatment Plant. Capacity presently exists to serve this project.
RECOMMENDATION: The Community Development and Environmental Services
Division Administrator recommends that the Board of County Commissioners, Ex-Officio
the Governing Board of the Collier County Water-Sewer District, accept the water
facilities for Berkshire Landings, and release the UPS to the Project Engineer or the
Developer's designated agent.
-
Agenda Item 16A8
June 8, 2004
1 of 3
.~.,,~ .'."""""""""""."'''''''''''--' .'~'""""'-''''''''''-~ _.- ~ ''''-'-'-
COLLIER COUNTY
.,- SOARD OF COUNTY COMMiSSIONERS
Item Number 16.';8
Item Summary Final Acceptance Of 'Water Utiiity F;~c;;;ties For Berkshire Landings.
Meeting Date 6i8;2004 9:00:00 AM
Approved By
Pamela Ubby Waf",,. Operations Mlll1<lger ik,f",
Public Utilities Waie,. 5119i2:004 1 :02 PM
Approved By
Paul Matlausch Water OlHl,~tor Oate
Public Utiliti.-,s Wilt",,. 5!;'Wi2:0ll4 2:27 PM
Approved By
Thom;::s E. Kudl, r.E. CDES Enf$lnee!'ir;~l Ser',;kes Olrect(Jr D~te
Community Devek'pment & COES Ef'gif'eerlr.g ServicE.s ~i2:l:2004 3:~;' PM
E~:'/:~\}:"ln1e1;t;.:d S~~..;~ce~
Approved By
Roy 8. Anderson. P.E. Pubiic Utilities Engineerir.g Director {Jiite
Pl.iblic Utilities Pl.ibiic Utilities Er:gineerir.g 5/25j2004 5:12 ?r.,1
Approved By
Sandr:a L"',1 E:<.-,cutive Secretary 0at",
Commuf'jty Dr,velopm~mt & Community D!!velopmant &
Environm!!nlal Sar{ic:.-", Environm!!nla! Sar{ic.-,s Admin. 5127i2:0G4 9:56 AM
Approved By
J':Jseph K. Schmitt Community Development 8- D2:te
Environmental Sendc",:; Admlnstratof
Comrm.mity Development & Comfl""-lnity Devek'pment &
Epv::'onfnent;.~~ Sefvice$ Env::'vnrnen~1.~! Se:o-vkes i\dr:,,:ir;, ~;2!li2:004 .1:4B AM
Approyed By
Rcbin Jc.hnscn Management/Budget Anaiys, O"te
County Mana!;ler's Office Offke of Management & B"d!;let 512Si20G4 B:'15 AM
Approved By
Marl-; Isackson BlJdget An,1lyst Di;!<:>
County Manager's Office Offke of Managllment 8. Budget t;~f2004 6:3~ AM
Approved By
Micha1;l Smy;wwskl M;al~af:i~mant .!Ie Budgat Dir"';.~toF Date
County M,1nager's Offu;e Office of Mal1,1gllmen, & Budget 6f':J:lG04 9:29 AM
Approved By
-
Leo E. Ochs, Jr. Deputy C,'unty Manager Dat",
Bo;.;rd of Cr.>\:nty
CQn'Hntssi-cnEff's County Manager's Ottk~ 6i':J:lG041U:4'; AM
.^~9r:lGla It9FJ:1 Hi'\lil
June 8, 2004
2 of 3
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LOCATION MAP SITE MAP .
3 of 3
BERK!HlE lANlIl6S
"
~i
, ..-..
EXECUTIVE SUMMARY
Collier County Board of County Commissioners' endorsement of staff's approval of the
application for the Job Creation Investment Program and the Fee Payment Assistance Program
by DLC Marine
OBJECTIVE: To receive Board of County Commissioners' endorsement of staffs approval of the
application by OLC Marine for the Job Creation Investment Program and the Fee Payment Assistance
Program.
CONSIDERATIONS: On November 18, 2003, the Board of County Commissioners adopted
Ordinance No. 2003-60, establishing the Job Creation Investment Program and Ordinance No. 2003-
61, establishing the Fee Payment Assistance Program. These programs are available to targeted high-
wage companies that desire to relocate or expand within specified areas of Collier County, and are
designed to reduce the economic effects of increased development fees as well as relocation andlor
expansion costs.
The Programs have specific eligibility requirements including the number of full-time jobs to be
created and retained, the average wage of the jobs, timing of the jobs being in place and the type of
,-, business being proposed.
On April 21, 2004 DLC Marine submitted an application to be considered for the Job Creation
Investment Program and the Fee Payment Assistance Program. The project will bring manufacturing
of fiberglass, stainless steel and aluminum marina products to the Agricom Park in Immokalee. Mr.
David Lincoln, President of DLC Marine indicated in his correspondence with the Economic
Development Council (attached) that" ...f have, for a year or so, been interested in the Immokalee
area, as it is centrally located, not much traffic, and has a wonderful airport. f have han8ered my
plane there for the past 5 years. f use my plane for business and can get anywhere in the state in less
than two hours. "
DLC Marine proposes to create ten (10) new jobs within six (6) years in Collier County at an average
wage of $30,960. The company is also proposing an initial capital investment of approximately
$600,000. The above commitments make the company eligible for $30,000 in Collier County Job
Creation Investment Program funds, to be paid in equal payments over three consecutive years
following creation of the jobs.
The estimated impact fees associated with the proposed development total an estimated $46,332.
Therefore, DLC Marine is eligible for Fee Payment Assistance Program funds not to exceed the dollar
amount of the impact fees associated with the project. The final impact fee calculation will be
completed upon application for a building permit for the proposed development. .
Staff will prepare the Job Creation Investment Program Agreement and a Fee Payment Assistance
Agreement, and both will be reviewed by the County Attorney's Office for legal sufficiency. The
.-. approved agreements will be signed by a designee from DLC Marine and by the County Manager on
behalf of Collier County and will be recorded in the Official Records of Collier County.
Agenda Item No. 16A9
June 8, 2004
Page 1 of 10
_,_,__"'.....B"_~'~_....."__.,, '''' e._.~._,.~"""...'..."""""'.". _'_ .,."'""''''...-....,>.,.".''',."......-'fl.,,,.._,,,~'''..''"..
DLC Marine
Page 2
OLC Marine exceeds all of the Job Creation Investment Program requirements set forth by Ordinance
No. 2003-60 and the Fee Payment Assistance Program requirements set forth by Ordinance No. 2003-
61 as a Targeted Industry relocating to an Enterprise Community, therefore, approval of this
application will help to promote the creation and retention of high wage jobs in Collier County.
FISCAL IMPACT: The applicant has requested $30,000 of Job Creation Investment incentive funds,
to be paid in equal amounts over three years, which represents ten new jobs to be in place on or before
September 30,2010. Following creation of the specified jobs, the Company may submit a Request for
Funds to the County Manager to be paid at the beginning of the County's t1scal year following the date
that the newly created jobs arc verified to be in place. General Fund revenue specifically budgeted for
the adopted economic incentives funds the Job Creation Investment Program.
The Financial Administration and Housing Department has responsibility [or job verification as well as
monitoring program compliance
The estimated impact fees associated with the propol;ed development equal approximately $46,332
however, the final dollar amount of impact fees will not be calculated until the Building Permit
application is submitted. OLC Marine is eligible for Fee Payment Assistance funds in an amount not
to exceed the impact fces due and payable for the proposed development.
,- The Fee Payment Assistance Agreement will stand in lieu of the payment of impact fees at the
issuance of the building permit for the proposed development. Concurrently, a lien will be placed on
the subject property for the dollar amount of the impact fees, which will remain on the property for the
term of the agreement. During the term of the agreement a portion of the tax increment financing funds
associated to the specit1ed property will be returned to the County's General Fund to offset the initial
payment of impact fees. At the conclusion of the agreement, if all requirements are met, the lien will
then be released from the subject property. If at any time during the term of the agreement the non-
County party is not in compliance with the terms and requirements set forth by the agreement, they
may be found in default and subject to default provisions set forth in Ordinance No. 2003-61.
The initial capital investment related to this project estimated to be $600,000. In addition, the creation
of the ten (10) new jobs generates a potential local payroll of approximately $300,000 annually.
GROWTH MANAGEMENT IMP ACT: This application is consistent with the Economic Element
of the Growth Management Plan, specifically Objective 1.3 that states: "Collier County will support
programs which are designed to promote and encourage the recruitment of new industry as well as the
expansion and retention of existing industries in order to diversify the County's economic base."
RECOMMENDATION: The Board of County Commissioners endorses staff's approval of the
application for the Job Creation Investment Program and the Fee Payment Assistance Program by OLC
Marine.
--
Agenda Item No. 16A9
June 8, 2004
Page 2 of 10
COLLIER COUNTY
60AfW OF COUNTY COMMISSIONF..RS
--
Item Number 16A9
Item Summary Comer County BoJilrd of (;o:.1'nty Comn1!ssicr:ers' 0ndc'r:;f~mer.t ot staffs approve;;
of !he appiic3tk:n for thi; .!,Jb Cr'nticn investment Program and the f'",)e
Payment Assistance Prcgran1 by Ole Marm".
Meeting Date iJJ8J2004 9:00:00 AM
Prepared By
Am)' P"rt<4fSOn ::n;>~ct F~a Manager OaOO
Ct>m,.,-,,,nit,, o.;,...eIO;.ll11S11t & financ:l..: Admin. &. ,;olJslo!l
El'I\(j1c;~m~ntal 5er\'k"es ~!2!;i;W(l" Z'Se'33 p~
Approved By
0""(0'1 5~;.ar F;n~l'Id~: AcJmin 8: :-:ousiug Oir~ctor O"t",
C(;.r;~;;:~nit)l O*vein~ffl*nt lit F:nc}l1cia: Adm!(j. 8.. H-:'USl?l9
I::nv~mn:n~nml S:,;.r"Vi(:~J:S 5iZM~lj04 ;;:;;5 PM
Approved By
S<il:~drn L~~ Ex.e.-;uH';~ Set:r~~~:';r I)ata
(;n~n~::nSty D<.:nl'.~tc~:mwnt t. C0ff'rns;~;:ty Oe"Jelu~~rr:em &.
En\':f':....!m{-nt31 Se~'jces Ef-~vfronmcr.~z: S})fvfl:~S A.::'lmln. G.!1iL004 .e.:22 AM
.-\pproved By
C.:,mmur:!t~l D'J\f~bl}tr!'J~-~t .&
';'!';'~;~f/b K. Sd~~:tt ::;:'';;;i):n:~~~~;-,: 3~f'';;(;~S Admin~t:-~~f;; I) at"
Cf;..;;;..:...:ni1.y O~\(~k~:'JrrlfHrt l~ GQmml.t~:ty D~...r~;-:'J~r.;~..~. ,'*-
1:::j'l'Jirnflm~nt.a1 S.i,,~r.;ki,,~~ ~:r:Ytrr.HlrJ;,s:;.;;,t1.il: ${!1Yh";~:;. Admin. {;j'U.2(:G41:J;1~AM
.-
Approved By
P~;.r:!';k G. White A~.~.tstant County At:.urn~y I)ata
C<.}l!(!1'y M~t!~~~!'~ Off;~t1o C~.lUntl Att{$rll~Y Off:cC:! 0.12/100411 :23, ~.M
Approved By
Pat lehn~,"rd A.jminjs1:rathte Assistant Dati>
CQ;;.~t:... M?r.q~F.~;;'l$. Offa;~ Dffk:e of Man~g:eme.r:t &, r:h:d~Ht ~d?/(C04 ;; ;H2 PM
Approved By
M:irk l~:i;;x!=jc;;;. :3udgat ,0.;::;;,81 ()"r"
Cct.:'1t, M~::~s;e:'s Off:c" Qff;-:t:- of Mclrh}~t:-me1'nt -& 8ud-get 5,12:2004 3:Hj PM
Approved By
Michae: Smylm....ski Mana'J.:.rner.t & :3i.ld$l~t Dir(o.:t<Jf Date
Ccn:!'lty M~r:~Se-f'!5 :Jff:cp. om"", (jf M"""Y'''''I>Jlt I;< :3t.:d;Jt't 1.).42,;1(;0.: 3:2~ ~fM
Approved By
L~c; E:. Gr;hs, .;f. {.:~:">:j~y Cvur:~ M~1naHer I)ata
F.h~ard ~;f Co:wty
Ci)il;"'l;?!?jf}I;'i,,~,S County Manag~r'~ Oftj~e f5/2!200t. 3 :3') PM
._-
Agenda Item No. 16A9
June 8, 2004
Page 3 of 10
---.,." .~... ---~, ---...,~_. -,~------ k_~~,._~__...,_
. 04/21/2004 HI: 36 2392536021 PAGE In
-- e
.
etONDMIC tlMlOlMNT COUNCIl
CP COUJY eouf'IfV
/'lA~ Pl..o.OA
MIdAIlPfjf'f. ~(UdI
1MMOltAUI. ~1IWlD
..day, ~Fft 21 / 100-
From: "fea Itondo, EDC
S~.eh ob~on ~ ProGram ~ca1icn - 1 ~~s, inc.Li...(cli':j CCjyeJ.
++++++~+++++++.+++++.~++++++++++++++++
of au: Marin., t am "p1~ed 10 lubmit 1t-lo ~c"'d Job CTtaflon tnYfttmtm
if)'O," l'Mt'W. ---
~ Oft o~ng 10 fI" 1h11 ~~ny In #to a;..,da 01 loon QI ~Ifbt., ,fnco 1he see
,.-- 1lmm\1T 11 rltaM Ol'D\md *'0 ~m".
F. 11_0 ,tanning ~ Q~,ty fo,~. fl.. ~ant Auimmw ~gramt 1 am
lJ /1t.m'I1o find liNt 1+.. 8Itfmatad amovnt of impact 10...
lM tfyou hcma orT'f q\lWttcmt at Monica@enap/esflorida.com QY' {239)
ml0tt
..
Agenda Item No. 16A9
June 8, 2004
Page 4 of 10
EJ4/2112ElEl4 lEl:35 2392635021 PAGE E12
CIl'-ITRFCT I FAX HJ. : 239 598 '2fI77 e
F"R(J'\ : DFf...E L 1 Rp,.. Be 2004 ac: 44PM P2
~/ I'J tJ ,",~"!J(I 4!~Cl ,oi\;l~"''''':a. PAGE I!J'J
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QI' CQWIIt COUN\"!
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MUII.'Cl9 Q'I'I. ~ 0'"
1~.'~aNlP
.
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I CoIli.r COUnty
i
OD Creation I"vastrnenf Program Application
For
Expanding or New Businesses
~
I
Dlf; Marine
N4m. of BUlin...
Man ufacturina MarinI!! Pf'CKIudl
- Pro/ed irll. (1.5 word GtICI'iptlon)
I -
dol U.. /
la : .L lmmokale. .nterpri.e Commtinlty _ Eattwn Collier Cou"ty
_ High Impact Com~ny
. ~H.t)' ~..
---
!""Ill_
- ~..:=r .
Agenda Item No. 16A9
June 8, 2004
Page 5 of 10
1
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fl4/21/2f104 10:35 23926361321 PAGE fl3
~ : m.e LI C()jm:lCTIt FAX l-IJ. : 239 5ge 2877 e ~.... I1l8 211104 02: 44F'M f~3
, 84/01/2i04 4:55 23~:;:..:;eiI21 PAGe: a3
I i '\
I. ",lnfamatiorn
Phon. W-S98..203
cI~ 2041 Oab Blvd fGX! 239-59S.U""
5tate: fill. %Ipc 34"9 Wab~ NlA
'I Coniaet. OcMd Lfncoln. Prwsidant Phone: .llama O. aaqre
-
. dldi,.lihal.etIm Fax: lal'l'lt 01 above
.
S1C/NAlCS:
l)1!n di RCl Ci1y O.L. .- NJA
Quolificat/ons:: (Respon.s aJ,cutd d.Jeribe propCHd rttIW rJrojed)
C JiIr Ceu~ 8U1i.... L Crpaftsi"O Co",., ColJrlfy Bulin.. _
N ,.,1,. of Currant Collier County Empl~: N1A Curr~rr+""s. Wager N/A
N IYIb of New CoIl1tr Gountlt J.
uHi hm~~ 10 N..... Avg. Wage: .uO.960
Ti IJ Gfter ProiKt is complet.t: 10 Total AvQ. Wage: $3(1.~60
"
d~ in which all new lobe wlU be fully Implemented: 1 '/~ lj06 .
P af revenue a-rated oullide f!JI CeRier Coumys 9~_
mpgny is nat ellolble for prog",m &'n.fifllJn'tR all ;olu on in rJdefI wfthin th.
ignated rim.fra",..
Co.t'Kt.)' ---
o.==:=
':='~~
Agenda Item No. 16A9
June 8, 2004
Page 6 of 10
. E14/21/2E1E14 lEI: 36 23'32636E121 PAGE E14
e e
,....-.
II. Project alifications: (Continue)
WnQt is yo industry segmentf If tnis is for corporate or regionol HQ
Aviation . pleclse list other locaiion..
-
Biomedic I -
lnformat; ., Technology _
Manvfo ring -
a/distribution _
-
Enterprise
C).scribe a 'vity or product associated with new locetion:
- t r ~r9loss stainless steel ond aluminum uroducls for use on
J:' binlSts eledri 01 e~~oter cedestals and
-
-
toll!lw Canst dion: ....L T .nant Improvements: -
_. C;opitQllnv tinent:
Con truc:lion: $172.000 Project Street Address: Agricom Pork
Lan & Building: ...llil.OOO Totol Squore Feet: 7,800sq.ft.
Eqvi ment: $200~".~
Total Capi Investment: _~aA....o.Q.Q_
-
Schedule of ncentive fvnds rGCllJeGied by county fiscal year (FY)
0) Toto omountreques1ed: $30,000
b) FY 7 ~_AmolJnt: _$~QJtQ.Q
FY e 09 Amount: $1 0 .000
FY 9 Amount: _$10 .OOQ
..
" :'eof"_~ ~MltiJl'Nt,,, ..":tU~I~"
']II GOt.IO '.1;",)"1)
tl,V\~.tV~
'-'}:...~r~~;~,t~~~~1\
Agenda Ite No. 16A9
J e 8. 2004
P ge 7 of 1 0
I
,_..... ~--- ,~-._- ,. -<, .- ---~-~- - ---
. El4/2112ee4 leI: 36 2392636E121 PAGE E.J5
atITMCT. e ~. B8 2121!!4 02: 45PM
F'ROM : ~M; 1.1 I="AX NO. : 239 S9B 3377 P5
1141 II II :l1il1d4 4:!;b ~~'2'~'I!~ PAGE ~
,
\.
I
;
Plea gffach " I."", fro," ~ 'Offlp(J"Y derno,utratinQ rite imptJet 'the i"c.ntiv., will
p de In the deci,ion of tilt COII'Iparl)' fl:l lacQtv irt CoJlior CouP'IfY. (~uiff!d)
!
nv ~r......I..I"". DcMd Linc:ol" -
~,:E;~, r~hy
Dat.!
TCtmmie NemS(llk. Exec:utiYe Dir8dar
Cmt~ ~..
II'==:
~...,..:"
Agenda Item No. 16A9
June 8,.2004
Page 8 of 10
. e4/21/2ee4 10:36 2392636021 PAGE 66
.~ FRO'1: DFM: Ll ClJ'lTRFICTe FA>< NO. : Z39 S98 2fiIT7 e !=IF. B8 2004 09: 17F1"1 l:tz
,
LINCOLN CONTRACTING INC.
AKS IL VD_ STATE CERTIFIED
NAP FL. 341 t 9 GENERAL CONTRACTOR
239-5 8.4203 CLASS I fiRE SYSTEMS CONTRACTOR
239-5 8-2877 FAX PLUMBING CONTRACTOR
I.CXlTl
~cono ic Development Council of Collier County
3050 . Hor$eshoe Drive Suite 120
Naple r Fl. 34104
~pril 8. 2004
Tamrni Nemecek
Execu ive Director
Deilr ammie,
-- The n w company, DLe Marine, will be, primarily, manufacturing
mArin products for docks. My construotion bu~ines~ was in Lee
Count for 18 years and now in Collier County for the past 14
years
Over the past 10 years : have begun to specialize in the
mecha ical components of marinas. To date we have done. this
work n Ovez; 100 marinas. Although our work: 1.s primarily ~Il
rlori a, we have done work from West Port, Connect tcut to
Bilox, MS. and presently we aI:'e \>larking at Staten Island,
N. Y. We are in the pl anning staglils for jobs in the vi.rg.i.n
Islan sand Bahama9.
wish to expand 1nto the manufacturing of specialized
ts for marin~s. I have looked into o~her are~s such as
l\cr€s and Fort Myers, where the prototype.s are now
made.
I ha , fO;t" a year of so, been intez;estrad in the Immokalee
area, as it is centrally located, not much traffic, and has a
wonde fill airport. I have hangered my plane ther$ for thl9
past years. I Use my plane for business and can get
anywh re in the state in less than ~ hours.
,.-
Agenda It.em No. 16A9
June 8, 2004
Page 9 of 1 0
-._.__.~-
~,~, ..."-~ -.,
,---
. E:l4/21/2064 10:36 239263612121 PAGE E17
- eO....TMeTl e I"='
- rf'\)< .a. : c:::::J'.:) :7.XI ~ FI,.,. DO 200-4 O';l: 10AM
rRCt1 : ~ LII
, "
. Page April 8, 2004
My i ~tial :.nvestment should bl:! a.round $600rOOO.OO, although
the rope rt y I have under contract, subject to my being
accep ed fo;!; the economic diversity program, is la.rge enough
to do ble the si2e of my building.
The j bs will ~ange from simple, such as material handlinq ~nd
packa 1ng to hi9hly skilled, such as aluminum and stainle~s
steel welClinq and machine operating. gec::au!;e of the
speci li~ed nature of the business, all training will be done
in ho Sf!.
In t e beginning my market will pdmarily be l::"lorida.
Howev r, two other companies have expz;essed and interest in
rep~e enting my p~oducts. One is in San Diego, CA. and lhe
other is an inter-national eompany Wi~h offices wor.ldwidc.
Altho gh r can't acc~r~tely quantify my market. I fep-l th~t
the 1 bo~ projections I have ou~lined are conservative.
DLC M rine would be creating ten (10) new jobs at ;;In aVGlrage
Wi'lge f $30,960, which is at the currGnt a,VaX.3tJ8 w.ag~ of
Colli r County, but higher than the Immokalee Enterpr.ise Zone
incen ive qualifier of $16,000. Our capital in~estment is now
abC'lve half a million, which includes land,. bu ilding . and
equi nt.
you to please consider DLC Ma~ine job creatJon
ive application.
.
Agenda Item No. 16A9
June 8, 2004
Page 10 of 10
-,
Executive Summary
Approve the piggybacking of the City of West Palm Beach Contract to purchase laid in place
Polymer Modified Cold Mix Paving System (Micro-Surfacing) for the Road Maintenance
Department amount estimated to be $175,000.00
OBJECTIVE: To provide a cost effective alternative that will subsidize the Counties Annual
Overlay Program.
CONSIDERA nONS: Micro-Surfacing is a polymer modified cold mix paving system
formulated to remedy a broad range of problems on today' s streets.
1. Life expectancy of seven (7) to ten (10) years
2. Environmentally safe, cold application emits no pollutants
3. Applied with continuous load pavers to minimize traffic delays
4. Eliminates hydroplaning and increases skid resistance
5. More resistant to Rutting and Shoving in comparison to traditional milling and overlay
Micro-Surfacing is a less expensive way of overcoming surfacing irregularities that occur in
pavement as a result of traffic, weather and aging compared to conventional milling and overlay.
-- Because Micro-Surfacing can be effectively applied to most surfaces at 3/8 inch or less, more
area per ton of mix is covered, resulting in cost-effective resurfacing.
Staff requests Board approval for the piggybacking onto the City of West Palm Beach Bid
number 03/04-06 in order to purchase laid in pLace Polymer Modified cold mix Paving (Micro-
Surfacing).
FISCAL IMPACT: Funding will come from the MSTD General Fund (111) in the approximate
amount of $175,000.00. Source of Funds are Ad Valorem Taxes.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board approve the piggybacking of the City of West Palm
Beach Bid No. 03/04-06 with Florida Highway Products for the purchase of laid in place
Polymer Modified cold mix Paving (Micro-Surfacing) for the Road Maintenance Department.
.
--
Agenda Item No. 1681
June 8, 2004
1 of 2
"",..,....-- -"."-~,,,,-,,_......--~.,,.~.- . -"...."'....",...*'"~,,_.~
.
COLLIER COUNTY .
.- BOARD OF COUNTY COM!.1!S$IOi\l2RS
Item Number 1681
Item Summary ApprovH thH p~';1gybatk1ng of the C~!y of VVest Palm BBach C,:-ntract t~., purc.hasB
I~;d in place Pclyrm~r M0dif:~;d C,,!d Mix Pavin!; System (Micra-Surfadng) for
the R.ead Maintenance Departmef1t amount estJmated to be $175.000.00
Meeting Date 6/8/2004 9:00:00 AM
Approved By
Sh;3ron Nawman Accounting Supervisor Date
Tr;3nsportion Services Transportation Administrateon ~11 4i;2C)U4 2: 51 PM
Approved By
fbrbam LaPierre M;all~o1gament!B!;dget An,1lyst D"te
rr,1nsportk,r: Services rr,1nsportation Operations 51",412004 4:03 PM
A pproved By
Nmm F.. Fed~". A!CP T".~nspolt.atj<:m f.liyi!il,~n Admin!str<1tor f.l,~t",
rransr>or~.~~.::;1 B~rv~r;f;:-s r~',,~nsportati{;n S~nol'~I,,;t~S A{j:n~f~, 5i:7i201l4 6:59 AM
Approved By
Stf1V'ol C,lrneil Pllrchas~r:rjlGe:"JFir~d S\"'(~":' O;re(~tor D~t~
Ar.ii'n:n;:;t:,,;.~t~,-,~ Servk~~s Purci1a'5in~ 5!:,~i2(Jn4 1 :24 PM
~-
Approved By
Lyn Wood Purchasing Ager;t Date
Adm~ni3trC3t:VE- Serlices Purchasin~ 5f':':l120U4 8:26 AM
Approved By
Dj.an~ P~rrf~:;1r:. Executiw; Sr,uN,1ry l) 3t"
.f'r.ar:="'~p~-,rt~on S&rv:r.f~!i Tr~r::;:.'H.-,rt;1tir~n S~rv!c~s A~rr.:n. 5i2<;12004 'Hj:2~ AM
Approved By
P;.Il ;.~lmh<wd Admjn~:?tr,~t.h)~ A~s.~~::'~;".":f;t ni.lt~
G,~w1ty Mal'1nger"s Offk~ Oi"1jce (jf ~/fh1'~~g~n~en~ & (h:da~t 5125i:((i04 4:07 PM
Approved By
Michael Smy:c,ow5xj M;'lr;a~,f1mef!~ & B"~get Direc(,~r D;;te
County M'_1nager's Offke Offi'-'e of Mar;;'lgf1men~ & ih:dget 5i27i2(i(}4f>:(}S PM
Approved By
john Vliet Roads Maif1teni3I1C8 Slipar:n,enu;3nt D"te
Tri3nsport,(m Services Read Ma,r;tenanc.. ~1:t!2{}C)4 9:37 AM
Approved By
j3n~,.,s V. Mudd Cmmty IY;,1nager O;:te
,,- Be3H: (">f County
Commtssioners CCUf1ty Mi.1r:ager's Offio.;'ol 5131!20M '::(}6 PM
Agenda Item No. 1681
June 8, 2004
2of2
-"~.. .-- ...~" ~'""---
--
EXECUTIVE SUMMARY
Recommendation to approve a Resolution prohibiting the operation of trucks and other
commercial vehicles having a rated load-carrying capacity in excess of one (1) ton from through-
movements on Lely Resort Boulevard at a cost of $300.
OBJECTIVE: To gain Board approval of a Resolution to prohibit through-movement truck
traffic on Lely Resort Boulevard.
CONSIDERATIONS: Lely Resort Boulevard is designed as a residential roadway and,
therefore, is not conducive to truck traffic. In accordance with the provisions of Ordinance No.
83-35 which provides authority to regulate truck and other commercial vehicular traffic upon
designated roads and streets in Collier County, and in view of the results of the engineering
study, staff is recommending that trucks and other commercial vehicles having a rated load-
carrying capacity in excess of one (1) ton be prohibited from making through movements on
Lely Resort Boulevard.
FISCAL IMPACT: The estimated cost of installing the three necessary "NO THROUGH
TRUCKS OVER I TON" sign is $300, for which funds are available in Transportation Services
- (101).
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board approve the Resolution prohibiting the operation of
trucks and oilier commercial vehicles having a rated load-carrying capacity in excess of one (1)
ton from through-movements on Lely Resort Boulevard, authorize the Chairman to execute the
Resolution, and authorize the staff to erect the appropriate traffic control signs.
~
Item No. 1682
June 8, 2004
1 of 4
...,---",~_.._~........."_....,<.,,..,.,..."~~.~..... ,_..,~.-.-._;& .,. .....~~-
COLLIER COUNTY
80ARD OF COUNTY COMMlSS!ONERS
,"- Item Number '66;<
Item Summary P.eccrrF"~~!enczb:.n :c a;:,c.r,:'VG a t'~~o:L.'t;on prch:b:tinq the cp-:.r2tio~ of tfi...lCKS 8:-1C
r.i~her G;.mjrnerr:;;;) 'J~:~if:li:'c; havi~<J d :a~8-(J :(.1aJ-f.;3~rying (;o,.=tpa\.:ity in eX;;':f:!~.s!"it
(.ne (1) ton 1r'':'':1""'! thro1.:9~~ ~-~.~0\fGrrl.:'n1s Ci"! Le:y Res..:.rt 8,)uh:.::vitr,j ai: 3 .:.ost I)f
?::K1O
Meeting Date t)!!)l20().;t ~};i)~::HO AM
Prepared By
~~2:"':cy ;:ryfl l:n;:nyo)rln; l'vch:",:!.;I~n D~l6
r(:;'.!n::lipo!'tl~!"'! S6:,;t<:93 or rirl't;c OplOrQtl~~s: A~ M 5:~ 112<)<J,' 10:03:;;5 AM
Approved By
:)~:'"h~~ :'''~:El:rrtcl M;s:;,,;~m~!':tiE~::dijij.t :"....~:~/~t Dat6-
":"r~n~pJ)rtm:": ~rEl;"\ilr.:A3 'rri'J:"':~pv;"'...,tj!:l~ Of.\~;....t:()n~ 5:141?<ltl,: 4:u9 I'M
Approved By
?~rr..)l::t 'I;:I~cn ;\.~m:r.l'J.t:r..]tjV{. ,.'\-:-R:~{'....}n; r~3t{.
~~~n?[}~):1i:):": SC"v'!r:~"} ;rr:l-:'f:c: Or(.r.}t!:)~~~,' ATM :;:~~j?Otl,{ ~:~1* PM
Approved By
,."::~)' F:y" En:..::n{..}: ilK: T o!>!~::::!-: lc:rl u;:~t{-
;rar,~l);):tl:.}:: S:~r...!<':(i)~ T: J::':<.; O:.;{-r::-tl:J::-si A TM ';;~4<2r)o" 4:< 1 PM
Approved By
J~~ ;.l::<:r~;';'ow ,..).~::i)~t:1;:: (;v:..:n~y ,..).':':.-::r~~i C;:st~
C;,:..::::y :>)l~rlJ::';~:'~ O~f!":l:: C')1J:1:Y A:Wf::{<y :.:'!1;I~:'; ::-':~4i::()::)~ ~:4'.: PM
Approved By
:~u:;~rtW. l"!;;:;:;rf, r:.E. t-::ul~ty '(!,~~;",: Opgr~t;~~s t.nS:~$o( :':;<:st~
.-
~ fons p'o:tl~;: S"!"'tt'h;CQ.'S r:c:.~!:C ;..)t;~r;;'!:tl..,::~,i A :')~ 5/1 ?.':i004 ?'~S~ AM
Approved By
Slo.:s:"On ~~~wmar; A(,:';';'()IJ:":~:nj:J $;,;p.p-rvi.5l}( l),;stJ!!
: r or.~ rortiv:O s~~....tC~:'\: r:-~;-.~;")~~~tlv;-'. ;\r.l~:r:i.o.tr.:)ti~:-: r),<~1!/.OC4 ?~ 1 PM
Approved By
'r!'~~;l: (..:'~~Qr.ot)~~s <s~.i A;t r:ii::$
::Jbno B. ;::J~;; MU;';i:l-~ c..~~~~;;:v~ r..1~t})
Yr~r::s..i<'J!'tl~~ s$:....~(;~:s 'r!'~;1: 0p'Qr.o::~~s/ A~:"l~ ,:24:20:g 1;;:1$ ,"~
Approved By
:)L-:tn,;;:,. 1'~r0':":1Q;-' !:;.:,c,;ti'\($ S.)~r~t,:;;--y" ~:'~t"
;;:.':n-3fJnrt:~:": ~:C.::,'l~~5 'r:"~:"l:;;';:-'v~.M!~~ f:{.;-..il~(l-'So Alirr:in 5,'2~r?nDl: 1 :~07 .c.,M
Approved By
?J:):"m E. ~'):1~r. t....lC? T:"r":r~~::")f'~""Jti:1~: r::ii:~:C:f1 A~...,i:::~t:~.::;.t:.)r r:.::tt{.
;~3f1-}1>:):i:1~:-: s.(<'II"jf::~'~ T:"r":r:~:-")I't'.....]ti~):: ~{.;-..d:;(..:. p.,jn::n ::~/?::i?(J~1I..11:i7 .~M
Approved By
::O<.:t ;,.,..}h::::::J(<l .,.'i,dm:r:l-::tra1.i'.t(4 A-:.:-;:-:'-<'..c:ln: u;:~t{.
~--;:):::-:t:.J :'o,':-tn,]~~r':, Offh.:-s: Off:.;Po (,1 :'o,bn.}'J~m':'ilt.,5, :3\Jd:;'l't :;:?::i?(R1I.. ~:tl* PM
Approved By
M :.:;,"~I 8:::y."w~k: !vL~~c};;(,s~~::: &. B:.;cgH [);r")~wr D~t{-
C;J:.;::ty M~rkly~r'~ Off1-:~ Off;.:~ <.<f Marl,1gl:>m~~l1. & ~uJ:;~ s.:~f.i2fJ(l4 e:1~ ~.M
Approved By
J~mo.B V. Muodd Co:':'Ulitjf Mi:m~~~: ::::~t~
::;{'.>r"~ I>f CI>::nt'1
- C{I.....\m:~"'}lnn(....~ CCllnt"j M~n~C')~.'~ €)ff:r:~ <Ii~7!,U04 S.?!; I'M
Item No. 1682
June 8, 2004
2 of 4
..~._., >,.,,, .--,..--- .._.-
.
RESOLlinO;\; 0;0. .:cW+
A RESOLUTION BY THE BOARD OF C01..;)iTY COM:.\1ISSIONERS,
COLLIER COUNTY, FLORIDA, PROHIBmNG THE OPERATION OF
TRUCKS A.'ID OTHER COMMERCIAL VEHICLES HAVL."'G A RATED
LOAD-CARRYING CAPACITY L."< EXCESS OF ONE (1) TON FROM
THROUGH-MOVEMENTS ON LEL Y RESORT BOULEVARD
WHEREAS, Chapler 316, Florida Statutes. pemliLS the Board of County Commissioners
to prohibit or regulate any class or kind of U"affic found to be incompatiblc with the nonnal and
safe movement of tranie on road~ and streelS under iL~ jurisdiclion; and
WHEREAS, Sec. 130-3(a) of the Code of Laws and Ordinances of Collier County
provides in relevant pan that "No person shall operate any truck or other commercial vehicle with
a raled eapacily in excess of one ton upon any mad or slreet in the counly whenever such road or
strcet is postcd with signs prohibiting such operation...;" and
\VHEREAS. Sec. 13G-3(c) of the Code of Laws and Ordinances of Collier County
providcs in relevant part that '.Thc county administrator is authorized to dcterminc those roads
and streets upon which such roads are to be prohibited. and... with the approval of the board of
county conullissioners hy resolution, shall cause signs to he posted gi ving notice thereof on the
roa(L~ and SlreeL~ so designated...: " and
WHEREAS. an engineering study hy the Collier County Transportation Deparunent has
indicated that excessive heavy truck thrnugh-LrarIic is noL compatihle with existing mad
conditions and road usage along Lely Resort Boulevard since the street is within a fully
developed, residential area and hoth the pavement width and the right-of-way width are not
conducive to heavy truck traffic; accordingly tile Cullier County Transportation Department and
thc County :\.tanager recommends that such heavy truck through-U"dnic be prohibited.
NOW. THEREFORE. BE IT i{ ESUL V ioU HY IHIo BOARD OF COUNTY
CO:\.t:\.tISSlO;\;ERS OF COLLlER COL::\TY. fLORIDA. [hat the Board of County
Commissioners does hereby prohibit the operation cf tru,ks and other commercial vehicles
having a rated load-carrying capacity in excess of one ( Ii ton from through-movements on Lely
Resort Boulevard and does hereby direct the Coul1ty Transportation Department to ereCI signs
giving notice thereof after notification to the Collicr C\'umy Sheriff.
BE IT FURTHER RESOLVED illat a copy of this resolution be forwarded LO ille Collier
County Sheriff for proper enforcement of this prohibition.
THIS RESOLUTION ADOPTED after IlIotion. second. and majority vote favoring same.
this day of _~.200.t
Item No. 1682
June 8.. 2004
3of4
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK. Oerk COLLIER COUNTY, FLORIDA
BY: BY:
, Deputy Clerk DONNA FIALA, Chairman
Approved a~ LO Conn
and legal sufficiency:
Jetlrey A. Klatzkow
Assistant County Attorney
"_.
-
Item No. 1682
June 8, 2004
4 of 4
~-"-"- ------_. -
.-,
EXECUTIVE SUMMARY
A Resolution of the Collier County Commissioners Authorizing the
Execution of a Pre-qualified Joint Participation Agreement (JPA) with the
Florida Department of Transportation for Marco Island Transit Service
Development (Operating Assistance) Funds in the amount of $179,257.
,-
OBJECTIVE: To approve the attached JPA for financial assistance (FDOT
Financial Number 41617018401) and Resolution authorizing the Transportation
Administrator or designee to enter into the JPA with the Florida Department of
Transportation, unless specifically rescinded.
CONSIDERATION: The Board of County Commissioners approved the Transit
Development Plan Update in June 2003. Marco Island was named as a priority
for public transportation. Staff applied for a State Service Development Grant for
the funding, operating and administrative expenses associated with the provision
of public transportation service in Marco Island.
FISCAL IMPACT: This is a reimbursement grant that has been budgeted in
Fund 126 and the County will bill on a monthly basis as expenses are incurred.
This grant request of $179,257 will require a 50% match that is budgeted in
,- Transit Enhancement funds (61010). No new or additional matching funds will
be required.
GROWTH MANAGEMENT IMPACT: Consistent with Object 12 of the
Transportation Element of the Growth Management Plan.
RECOMMENDATION: That the Collier County Board of County Commissioners
approve a Resolution authorizing the execution of the Agreement; approve
necessary budget amendments and authorize the Transportation Administrator to
enter into the JPA with the Florida Department of Transportation, unless
specifically rescinded.
-,
Item No. 16B3
June 8, 2004
1 of 21
- -'--'-" "-'-'-~"'~ --,..,.-
.
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONF.,RS
-,
Item Number 1683
Item Summary A RG:;~1Iutian cf the Coili(~r C.:}ur.ty C..-~mmi:;:;:c<n~1fs .A.utl'h'Jfiz~n9 !h(3 E:<ecution of
ii P',:-quaiif;",j .J,~;", ParHcipiltlon A9,p-[:r;;,-,nl (JPI\) with the F!r:f~j.1 D,-,p.1r'u"11ent
of Transpl:.rtatk-;n for Mis:"G(; Isk1rld Trc~(ls:t S6f\/:ce O~vf:IGpment (O~~f3tir.g
As.sistance} Funds in the arneliflt cf $179,257.
Meeting Date 6/8/2GG4 9;l10'UO AM
Prepared By
Jill M. Bruwn Yub;:!. T !'~n::;pcrtc1t~~fl P':3m:~r Oat"
T:<Jnsport:on Sf)ry!i:~s Tr~ffi<. Op.~f~tk]j'lSj A TM 5f11!Z0041D:f:J:f:5 AM
Approved By
Jdf f',I,.lzk".,., tV;,,~$t.a.,.t. County .fI.....ttoro~~y D,.t"
C<;;.mty Mon9gw:;:J~ Off:c;~ County Attor"~y '.)ff;c.e 5;,.,!/Z<)il4 1.5a PM
Approved By
Sh~l"on N~wn'!an Acco:..:nHn~ Su~~r""lsor D~tl<
Tr;3!1Spcrti',,-, Services T1"3r:Sport-3tlcn Adf1-!!!.!!-:.t(3t:on 5!25f20ll'" 2'1<3 PM
Approved By
Tr3rrfC Op-cr3dons 3:1d A.f1: Tran~
Oj~n~ 8, F:og$J Mcd~~ D::,~!;t!.H D,.t~
Tran~;>Q>rt:on S~rv.!G~}S T:"::lffic. Op~r,}t;cws) .a.TM 5.:Z~/.2n04 4:5i PM
.""pproved By
-,
U:H~ H~ndd;;;~:c}f}r. M~r:~gemp.r:t,l!~;;d9P.t A;.;;;y~t Oat"
Tr~H~fJ.l';;tk~r'!: S~f''':(;.~" "rl'-9ffi;; O~p~:'l:.:ms: ,),TM 5!25/Z<)04 2.2'; PM
Approved By
Dj~{s~ P~rrY!"(l~~ ;:x~{,.ut:t<~ S<:!cre:'C1:)I D,tl<
Tf3nspcrt!;:.r~ ScndCC5 T(3r:SPO:~.3t~Cr. S~:-vi;~~s ~.'yT(~j(j. 5f2W20{}4 ~:37 AM
,\pproved By
Jl!i M. B,{lW;~ ~t~:h!::-; r:"~H~pyrt~t:r~:": ?::?ni;;.o, I)Bte
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.\pproved By
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Transport:on S~l-Y.!'::~S Tr~!.~::.::..:,rizt:on :3{-!'--',io:-::. Ad:-:~::~. 5i2~!2'fja411:1g AM
Approved By
F'~t L f:hn;:'qrd t\;j,ministr~t:v~ As~;j~tn;r~ (lat',
GC:;:ll, M3r:3\ie:'s Off:Cl< Off:->:t:' of Mc1ncl9:~n'!~r~t &. 3~d~~t 5!26i2ll041 S7 PM
Approved By
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CCt::1i'y M~r:~ge:"'s Office Offi>';f,: of AAq,nq,gfHn>}nt .& B';'..1q..=-:t :;!/.;;:7.(I(lt. 1'~$ PM
Approved By
Jr."",,!! V. M"dd C""ro:y M;'''''{l''f I)<lt"
Bead "f C"unty
CQom!TI!~5ion-:'fS County M~nC}g~r'~ cm~~ 5!s1:2C04 2.11 PM
-
-
Item No, 1683
June 8, 2004
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STATE OF FLORIDA DEPARTMENT OF nWlsPORTATlON 725-030-01
<- PUBLIC TRANSPORTATION PVBUC TRANSPORTATION
JOINT PARTICIPATION AGREEMENT 06/03
Page 1 of12
Financial Project No.: Fund: 010 FLAIR Approp.: 088774
41617018401 Function: 680 FLAIR Obj.: 750012
(item-segmeirt.phase-seqUllrlal) Org. Code: 55012020129
<Contract No.: ANlO3 Federal No.: N/A Vendor No.: VF596000558-004
Catalog of Federal Domestic Assistance Number: N/A Catalog of State Financial AssIstance Number: 55012
THIS AGREEMENT, made and entered into this day of , I
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter referred to as the Department, and Collier County Board of County Commissioners
3301 East Tamiami Trail, Naples, Florida 34112
hereinafter referred to as Agency.
WITNESSETH:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter
described, and the Department has been granted the authority to function adequately in all areas of appropriate
jurisdiction including the implementation of an integrated and balanced transportation system and is authorized
under 341.051(5)(f) ,
Florida Statutes, to enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties
agree as follows:
1.00 Purpose of Agreement: The purpose of this Agreement is
to provide for the Department's participation, through the State Transit Service Development Program, in
the Agency's eligible administrative. management. and operational expenses of providing public
transportation services
and as further described In Exhibit(s) A, B. and C . attached hereto and by this reference made a part
hereof, hereinafter referred to as the project. and to provide Departmental financial assistance to the Agency and
state the terms and conditions upon which such assistance will be provIded and the understandings as to the
manner in which the project will be undertaken and completed.
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2.00 Accomplishment of the Project
2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A"
attached hereto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and
efficient manner, and in accordance with the provisions herein, and all applicable laws.
2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit,
notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this
Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the
Agreement, the Agency will initiate and consummate, as provided by law, all actions necessaiy with respect to any such
matters so requisite.
2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary
including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project.
2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the
Department such data, reports, records, contracts and other documents relating to the project as the Department may
require as listed in Exhibit "C" attached hereto and by this reference made a part hereof.
3.00 Project Cost: The total estimated cost of the project is $ 358,514 . This amount
is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof. The
Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved.
4.00 Department Participation: The Department agrees to maximum participation, including contingencies,
in the project in the amount of $ 179.257 as detailed in Exhibit "B", or in an amount eqUal to the
percentage(s) of total project cost shown in Exhibit "B", whichever is less.
4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective
date of this agreement. It is understood that State participation ineligible project costs is subject to:
(a) legislative approval of the Department's appropriation request in the work program year that the project is
scheduled to be committed;
(b) Availability of funds as stated in paragraph 17.00 of this Agreement;
(c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this
Agreement;
(d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority
becomes available.
4.20 Front End Funding: Front end funding o is (!) is not applicable. If applicable, the Department
may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation
as shown in paragraph 4.00.
5.00 Retalnage: Retainage 0 is (!) is not !'IPplicable. If applicable, NJA percent of the
Departmenfs total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the
Departmenfs discretion, on or before the completion of the final project audit.
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6.00 Project Budget and Payment Provisions:
6.10 The -Project ~udget: A project budget shall be prepared by the Agency and approved by the Department.
The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements
of project funds only in conformity with the latest approved bUdget for the project. No budget increase or decrease shall
be effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and
is approved by the Department Comptroller.
6.20 Payment Provisions: Unless otherwise aI/owed under paragraph 4.20, payment will begin in the year the
project or project phase is scheduled in the work program as of the date of the agreement. - Payment will be made tor
actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice.
7.00 Accounting Records:
7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in
conformity with requirements established by Department's program guidelines/procedures and "Principles for State
and Local Governments", separate accounts to be maintained within its existing accounting system or establish
independent accounts. Such accounts are referred to herein collectively as the "project accounr. Documentation of
the project account shall be made available to the Department upon request any time during the period of the
Agreement and for three years after final payment is made.
7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project
account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all
payments received by it from the Department pursuant to this Agreement and al/ other funds provided for, accruing to, or
otherwise received on account of tne project, which Department payments and other funds are herein collectively
- referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all
project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for
the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the
manner as prescribed by State Law for the security of public funds, or as approved by the Department.
7.30 Coste Incurred for the Project: The Agency shall charge to the project account all eligible costs of the
project. Costs in excess of the latest approved budget or attributable to actions which have not received the required
approval of the Department shall not be considered eligible costs.
7.40 Documentation of Project Costs: All costs charged to the project, including any approved services
contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or
vouchers evidencing in proper detail the nature and propriety of the charges.
7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is
or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on
file in the offICe of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks,
payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project
shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such
documents.
7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate
with any monitoring procedures/processes deemed appropriate by the Department, Including but not limited to site visits
and limited scope audits. The Agency further agrees to comply and cooperate with any inspections. revlews,-
investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain
sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date
the audit report is issued, and shall allow the Department access to such records and wOrXlng papers upon request. The
following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional
audits or evaluations of state financial assistance or limit the authority of any state agency Inspector general, the Auditor
General, or any other state official.
Item No. 1683
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7.61 Federal Audit: In the event the Agency expends a total of $300,000 or more in Federal awards in its fiscal
year, the Agency must have a single or program-specific audit conducted in accordance with the provisions of OMB
Circular A-133. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and
number, award number and year, and name of the awarding Federal agency. If the Agency expends less than $300,000,
this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of OMB
Circular A-133, the cost of the audit must be paid from non-Federal funds.
The Agency agrees to allow the Department or an independent auditor of the Department, the State Comptroller, and
the Auditor General access to the Agency's records and financial statements as may be necessary for complying with
the requirements of 31 U.S.C. 7501 et seq.
Pursuant to OMB Circular A-133, Subpart C, .320(d), the Agency shall provide a copy of the reporting package and any
management letters to the Department, or copies of audit reports for audits conducted in accordance with OMB Circular
A-133, to the Department and to:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
7.62 State Audit: In the event that the Agency expends a total of $300,000 or more in State awards in its fiscal
year, the Agency must have a State single or project-specific audit for such fiscal year in accordance with Section
215.97, Florida Statutes and the applicable rules of the Executive Office of the Governor, the State Comptroller, and the
Auditor General. In determining the State awards expended in its fiscal year, the Agency shall consider all sources of
State awards except State awards received for Federal program matching requirements which shall be excluded from
consideration. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number.
award number and year, and name of the awarding State agency. If the Agency expends less than $300,000. this audit
is not required and if the Agency elects to have an audit conducted in accordance with the provisions of Section 215.97,
F.S., the cost of the audit must be paid from non-State funds.
The Agency agrees to allow the Department, the State Comptroller, and the Auditor General access to records and
independent auditor's working papers, as necessary for complying with the requirements of Section 215.97, F.S.
The Agency shall provide annual financial reporting package of audits prepared in accordance with Section 215.97,
F .S., and applicable Rules of the Auditor General to the Department and to:
State of Florida Auditor General
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32302-1450
7.63 Other Requirements: If an audit discloses any significant audit findings relating to any award, including
material noncompliance with individual project compliance requirements or reportable conditions In Internal controls of
the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to
eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency
shall take timely and appropriate corrective action to any audit findings, recommendations. and corrective action plans.
Item No. 1683
June 8, 2004
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7.70 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has
and will maintain the ability to repair or replace any project equipment or facilities In the event of loss or damage due to
any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or
facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of Its
interest in the lost equipment or facility.
In the event this Agreement is for purchase of land or for the construction of Infrastructure such as airport runways the
Department may waive or modify this section with an Exhibit "C".
8.00 Requisitions and Payments:
8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the
Department of Transportation, District One Public Transportation Office 801. N. Broadwav Ave., Bartow . FL.
33830 its requisition on a form or forms prescribed by the Department, and any other data pertaining to
the project account (as defined in paragraph 7.10 hereof) to justify and support the payment requisitions.
8.11 Invoices for fees or other compensation for services or expenses shan be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S.
The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S.
8.13 For real property acquired, submit;
(1 ) the date the Agency acquired the real property.
"- (2) a statement by the Agency certifying that the Agency has acquired said real property, and
actual consideration paid for real property.
(3) a statement by the Agency certifying that the appraisal and acquisition of the real property
together with any attendant relocation of occupants was accomplished in compliance with all
federal laws, rules and procedures required by any federal oversight agency and with all state
laws, rules and procedures that may apply to the Agency acquiring the real property.
8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such
requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project
and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department
may elect by notice in writing not to make a payment on the project if:
8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its
application, or any supplement thereto or amendment thereof, or in or with respect to any document or data
fumished therewith or pursuant hereto;
8.22 Litigation: There is then pending litigation with respect to the perfonnance by the Agency of any of
its duties or obligations which may jeopardize or adversely affect the project, the Agreement. or payments to the
project;
8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which,
under this agreement, requires the approval of the Department or has made related expenditures or incurred
related obligations without having been advised by the Oecartment that same are approved;
8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained
herein; or .
8.25 Default: The Agency has been determined by the Department to be in default under any of the
^..~.""",,, provisions of the Agreement.
8.28 Fede..1 Particlpalfon (If Appllcabla): Any federal agency providing federal flnenc:# a..~~
the project suspends or terminates federal financial assistance to the project. In the eve flS . r
termination of federal financial assistance, the Agency will reimburse the Department for a' ldfSii sts.
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8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects
costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest
approved budget for the project, and costs attributable to goods or services received under a contractor other
arrangements which have not been approved in writing by the Department.
8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit
or for work or services performed pursuant to this agreement, the Department may offset such amount from payments
due for work or services done under any public transportation joint participation agreement which it has with the Agency
owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department.
OffseUing amounts shall not be considered a bre8<"..h of contract by the Depar1ment.
9.00 Termination or Suspension of Project:
9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues
the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8,26 inclusive, or for any
other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered
improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of
its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased
or been corrected, or the Department may terminate any or all of its obligations under this Agreement.
9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final
termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the
actions required therein which may include any or all of the following~ (1) necessary action to terminate or
suspend, as the case may be, project activities and contracts and such other action as may be required or
desirable to keep to the minimum the costs upon the basis of which the fnancing is to be computed; (2) furnish a
statement of the project activities and contracts, and other undertakings the cost of which are otherwise
includable as project costs; and (3) remit to the Department such portion of the financing and any advance
payment previously received as is determined by the Department to be due under the provisions of the
Agreement. The termination or suspension shall be carried out In conformity with the latest schedule, plan, and
budget as approved by the Department or upon the basis of terms and conditions imposed by the Department
upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval
of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute
a waiver of any claim which the Department may otherwise have arising out of this Agreement.
9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor
or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of
Chapter 119, F .S. and made or received in conjunction with this Agreement.
10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project. and after
payment, provision for payment, or reimbursement of all project costs payable from the project account is made. the
Agency shall remit to the Department its share of any unexpended balance in the project account.
11.00 Audit and Inspection: The Agency shall permit. and shall require its contractors to permit, the .
Department's authorized representatives to inspect all work, materials, payrolls. records: and to audit the books. records
and accounts pertaining to the financing and development of the project.
12.00 Contracts of the Agency:
12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall
not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation
funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third
party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be
sufficient cause for nonpayment by the Department as provided in paragraph 8.23. The Departm::q.~~erves
unto itself the right to review the qualifications of any consultant or contractor and to approve or d . t 04
employment of the same. 9 of 21
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12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties
hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract
for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of
Chapter 287, F .S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve
the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to
the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act.
12.30 Disadvantaged Business Enterprise (DBE) Polley and Obligation:
12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined
in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate In the performance of
contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49
CFR Part 26, as amended, apply to this Agreement.
12.32 DBE Obligation: The Agency and its contractors agree to ensure that DisadVantaged Business
Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the
performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all
necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the
Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts.
Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex
in the award and performance of Department assisted contracts.
13.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
--,
13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall
not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national
origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated
during employment, without regard to their race. age, creed, color, sex, or national origin. Such action shall include, but
not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship.
The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its
contracts in connection with the development or operation of the project, except contracts for standard commercial
supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except
subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction,
demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to
employees and applicants for employment for project work, notices to be provided by the Department setting forth the
provisions of the nondiscrimination clause.
13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the
assurance by the Agency pursuant thereto.
13.30 Title VIII- Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42
USC 3601 ,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national
origin, creed, sex, and age.
13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes
a certification that the Agency will comply with all the requirements Imposed by the ADA (42 U.S.C. 12102, et. seq.), the
- regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto.
Item No. 1683
June 8, 2004
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13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into
any contract, subcontract, or arrangement in connection with the project or any property included or planned to be
included in the project, in which any member, officer, or employee of the Agency during his tenure or for two years
thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily
acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately
disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in this
subsection: Provided, that any such present member, officer or employee shall not participate in any action by the
Agency relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in
connection with the project or any property included or planned to be included in any project, and shall require its
contractors to insert in each of their subcontracts, the following provision:
"No member, officer. or employee of the Agency during his tenure or for two years thereafter shall have
any interest, direct or indirect, in this contract or the proceeds thereof."
The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal
depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental
agency.
13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the
United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom.
14.00 Miscellaneous Provisions:
14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the
Agency that the project will be carried out in confonnance with all applicable environmental regulations including the
securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance
with applicable environmental regulations. including the securing of any applicable permits, and will reimburse the
. .
Department for any loss incurred in connection therewith.
14.20 Deparbnent Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder
to any party other than the Agency.
14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any
payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any
default which may then exist, on the part of the Agency, and the making of such payment by the Department while any
such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with
respect to such breach or default.
14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held
invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to
confonn to the terms and requirements of applicable law.
14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and,
also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the
financing hereunder.
14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce
compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State
law: Provided. that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify
the Department in writing in order that appropriate changes and modifications may be made by the Department and the
Agency to the end that the Agency may proceed as soon as possible with the project.
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14.70 Use and Maintenance of Project FacillUes and Equipment: The Agency agrees that the project facilities
and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of
such facilities and equipment as determined in accordance with general accounting principles and approved by the
Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the
useful life of said facilities or equipment.
14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories
and develop control systems as required by 49 CFR Part 18, when applicable.
14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment
during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the
Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to
remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said
proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment
as provided In this Agreement.
14.90 Contractual Indemnity: To the extent provided by law, the Agency 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 act, error, omission, or negligent act by the Agency, its agents, or employees, during the
performance of the Agreement, except that neither the Agency, its agents, or its employees wUI be liable under this
paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act
by the Department or any of its officers, agents, or employees during the performance of the Agreement.
- When the Department receives a notice of claim for damages that may have been caused by the Agency in the
performance of services required under this Agreement, the Department will immediately forward the claim to the
. Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen
(14) working days and win jointly discuss options in defending the claim. After reviewing the claim, the Department will
determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency
defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency
of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency.
The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if
any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses
at trial.
15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment
or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate
plans and specifications covering the project. The Department will review all plans and specifications and will issue to the
Agency written approval with any approved portions of the project and comments or recommendations concerning any
remainder of the project deemed appropriate. Mer resolution of these comments and recommendations to the
Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project.
Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph
8.23.
16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final
invoice, that the project Was completed in accordance with applicable plans and specifications. is in place on the Agency
facility, that ad~quate title is in the Agency and that the project is accepted by the Agency as suitable tor the intended
purpose.
-
Item No. 1683
June 8, 2004
12 of 21
._~--,-,- ",,-~-,._,--- ."~.~ -.. ._-'---
72~
PUBLIC TRANSPORTATION
06103
"-100112
17.00 Appropriation of Funds:
17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature.
17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period
of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department,
during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves
the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any
contract, verbal or written, made in violation of this subsection is null and void; and no money may be paid on such
contract. The Department shall require a statement from the comptroller of the Department that funds are available prior
to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the
making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the
services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated
verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term
for a period of more than 1 year."
18.00 Expiration of Agreement: The Agency agrees to complete the project on or before
June 30. 2007 . If the Agency does not complete the project within this time period, this Agreement
will expire unless an extension of the time period is requested by the Agency and granted in writing by the
District Secretary or hislher desicmee . Expiration of this Agreement will be considered termination
of the project and the procedure established in paragraph 9.00 of this Agreement shall be initiated.
18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days
atter the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid.
1 9.00 Agreement Format: All words used herein in the singular fonn shall extend to and include the plural. All
words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and
include all genders.
20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two
counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall
constitute one in the same instrument.
21.00 Restrictions on Lobbying:
21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on
behalf of the Agency, to any person for influencing or attempting to influence any OfflCef or employee of any federal
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 by the Agency to any person for influencing or
attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the
undersigned shall complete and submit Standard Form-LLL, -Disclosure Form to Report Lobbying," in accordance with
its instructions.
The Agency shall require that the language of this section 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.
Item No. 1683
June 8, 2004
13 of 21
4
~ .3O-G$
- PUBLIC T"'AHSPORTATION
06103
Page 11 of 12
21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state
agency.
22.00 Vendor. Rights: Vendors (in this document identified as Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to
inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies
otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial
Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are
received, inspected and approved.
If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and
services, a separate Interest penalty in accordance with Section 215.422(3Xb), F.S. will be due and payable, in addition
to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care
providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency
requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a
delay in the payment. The invoice payment requirements do not start until a property completed invoice is provided to the
Department.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the
Department. The Vendor Ombudsman may be contacted at (850)410-9724 or by calling the Department
of Financial Services Hotline, 1-800-848-3792.
- 23.00 Public Entity Crime: Pursuant to 287. 133(3)(a) F.S. the following is applicable to this agreement.
287.133(2)(a)"A person or affiliate who has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid
on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on
leases of real property to a public entity, may not be awarded or perfonn work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any public entity in excess of the
threshold amount provided in s. 287.017, F.S. for CATEGORY MO for a period of 36 months from the date of being
placed on the convicted vendor list."
24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit
a bid on a contract to provide any goods or services to a public entity, may not submit a bid On a contract with a public
entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a
public entity, may not be awarded or perfonn work as a contractor, supplier, subcontractor, or consultant under a contract
with any public entity, and may not transact business with any public entity.
-
Item No. 1683
June 8, 2004
14 of 21
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.'-.-.
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725-030-08
PUBLIC TRANSPORTATION
0lII03
Page 12 at 12
Financial Project No. 41617018401
Contract No. ANlO3
Agreement Date
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written.
AGENCY FOOT'
Collier County Board of County Commissioners See attached Encumbrance Form for date of Funding
AGENCY NAME Approval by Comptroller
SIGNATORY (PRINTED OR TYPED) LEGAl REVIEW
DEPARTMENT OF TRANSPORTATION
SIGNATURE DEPARTMENT OF TRANSPORTATlON
District Director of Production
TITLE TITLE
Item No. 1683
June 8, 2004
15 of 21
_.
Collier County
Financial Project Number: 41617018401
Contract Number: ANL03
Service Development Program: Marco Island Circulator
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
This exhibit forms an integral part of that certain Joint Participation Agreement between
the State of Florida, Department of Transportation and Collier County. 3301 East Tamiami Trail.
Buildinll F. Naples. Florida 34112
dated
PROJECT LOCATION: Collier County
PROJECT DESCRfilTION: This Agreement provides for the Department's participation, through
the State Transit Service Development Program, in the Agency's eligible administrative,
,~.-, management, and operational expenses, including marketing costs, of providing public transportation
services. Specifically, this Agreement provides Deparbnent funding to Collier County for the "Marco
Island Circulator," that is, a new bus circulator service Collier County will operate between US 41
and the City of Marco Island, and within the City of Marco Island, during the term of this
Agreement, and according to Collier County's grant application to the Department's Fiscal Year
2004/05Transit Service Development Program, incorporated herein by reference. "Circulator" is
defined herein as "Bus service confined to a specific locale, such as a downtown area or a suburban
neighborhood, with connections to major traffic corridors" according to Glossary ofTransportatio1J
Terms, United States Department of Transportation, Federal Highway Administration, 1994. The
Agency will optimize the integration of the "Marco Island Circulator" with its Collier Area Transit
and/or Community Transportation Coordinator system routes, schedules, fare structure, information,
and modal transfer facilities or locations for maximum connectivity.
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule ofproject
assistance that will reflect the Department's fiscal year of award, contract number, Financial Project
Number, Catalog of State Financial Assistance title and number, and the Catalog of Federal
Domestic Assistance title and number, where applicable, and the amount of state funding action
(receipt and disbursement of funds) and any federal or local funding action and the funding action
from any other source with respect to the project.
.-.
Item No. 1683
June 8, 2004
16 of 21
. - ._-- 0-0 "_,_."__'__'.__..__
-- .. --
Collier County
Financial Project Number: 41617018401
Contract Number: ANL03
Service Development Program; Marco Island Circulator
Exhibit A Page 2
SPECIAL CONSIDERATIONS BY DEPARTMENT: When necessary, the Agency may provide
written requests for minor changes or amendments to the services provided by this Agreement. The
Department will provide written responses to all such requests. A minor change or amendment is
defined as a non-material change to the Agreement. As a rule, it will be limited to operational items
not having an impact on the scope or budget of the Agreement.
The "project period," that is, the period during which the Department regards Agency costs as
eligible for reimbursement, is from July I, 2004 to June 30, 2007.
The Agency shall request the Department's prior written approval of any and all operational and
service changes.
If applicable, the eligible project period identified in the Project Description shown above, may be
extended by letter from the Department upon a written request from the Agency.
'-
Item No. 1683
June 8, 2004
17 of 21
.",......."
Collier County
Financial Project Number: 41617018401
Contract Number: ANL03
Service Development Program: Marco Island Circulator
EXHIBIT "B"
PROJECT BUDGET
This exhibit forms an integral part of that certain Joint Participation Agreement between the State
of Florida, Department of Transportation and Collier County. 3301 East Tamiami Trail. Building
F. Naples. Florida 34112
dated
I. PROJECT COST: $358,514.00
TOTAL PROJECT COST: $358,514.00
.-
II. P ARTICIP A nON:
Maximum Federal Participation
FrA, FAA (N/A %) or $N/A
Agency Participation
In- Kind (N/A %) $N/A
Cash ( 50 %) $ 179,257.00
Other (N/A %) $ N/A
Maximum Department Participation,
Primary
(DS)(DDR)(DIM)(PORT) ( 50 %) or $ 179,257.00
Federal Reimbursable (DU)(FRA)(DFTA)( N/A %) or $N/A
Local Reimbursable (DL) (N/A %) or $ N/A
TOTAL PROJECT COST $358,514.00
._. lof2
Item No. 1683
June 8, 2004
18 of 21
~_.. ....."" .. B <._~ .....-"
Collier County
Financial Project Number: 41617018401
Contract Number: ANL03
Service Development Program: Marco Island Circulator
Exhibit B
m. MUL TI- YEAR OR PREQUALIFIED PROJECT FUNDING
If project is a multi-year or prequalified project subject to paragraphs 4.10 and 17.20 of
this agreement, funds are programmed in the Department's Work Program in the following
fiscal year(s):
FY 2004/05 $179,257.00
FY N/A $N/A
FY N/A $N/A
FY N/A $N/A
Project years may be advanced or deferred subject to Legislative appropriation or
availability of funds.
2of2
Item No. 1683
June 8, 2004
19 of 21
__.0.._...--.---
---. .
.
.
."'-.,
Collier County
Financial Project Number: 41617018401
Contract Number: ~
Service Development Program: Marco Island Circulator
EXHmIT "e"
(General)
This exhibit forms an integral part of that certain Joint Participation Agreement between the State
of Florida, Department of Transportation and Collier County. 3301 East Tarniami Trail.
Buildin2 F. Naples. Florida 34112. dated
Requests for Reimbursement (Invoice Submittals) in accordance with Section 215.422 Florida
Statutes and the requirement of Paragraph 22.00 of this Agreement:
1. Required Submittal Format
The Agency shall submit invoices on forms provided by the Department and prepared in
.- accordance with instructions given by the Department. Back -up documentation will include
the appropriate items necessary to verify costs incurred and the eligibility of said costs.
2. Approval of Submittal
Goods or services received under this agreement shall be approved/disapproved by the
Department no later than five (5) working days after receipt, by the District Public
Transportation Office, of a properly prepared and submitted invoice. Should the invoice be
incomplete or incorrect, the Department shall inform the Agency within five (5) working
days of receipt and return the invoice for corrections.
SECTIONS MARKED WITH AN OXO ARE APPLICABLE TO TillS AGREEMENT
Safety Requirements
X Bus Transit System - In. accordance with Florida Statute 341.061, and Rule Chapter
14-90, Florida Administrative Code, the Agency shall submit, and the Department
shall have on file, an annual safety certification that the Agency has adopted and is
complying with its adopted System Safety Program Plan pursuant to Rule Chapter
14-90 and has performed annual safety inspections of all buses operated.
- lof2
Item No. 1683
June 8, .2004
20 of 21
_._----- -
r__"____....__ ~.._'- .~,'~--,-" ._~~-
.__._.~----
.
Collier County
Financial Project Number: 41617018401
Contract Number: ANL03
Service Development Program: Marco Island Circulator
Third Party Contracts
The Department must approve third party contracts pursuant to Paragraph 12.00 except that, when
checked below, written approval is hereby granted for:
X 1. Execution of contracts for materials and/or vehicles from a valid state or inter-
governmental contract.
X 2. Other contracts less than $25.000.00 excluding consultant services or construction
contracts. The Department shall require all consultant and construction contracts
and amendments thereto to receive concurrence prior to award.
X 3. Recurring, renewable, or on-going operational contracts that have less than a
twenty-five percent (25 %) change in total dollar amounts from one year to the
next.
X 4. Purchase of service contracts where the Agency will provide transportation service
for a fee.
Required Submittals
SUBMI1TAL/CERTIFICATION RESPONSmn...ITY
X Procurement Requests Agency
X Safety Compliance Agency
X Specifications Agency
X Invoices Agency
X Audit Reports Agency Annually During
Life of Project
X Project Progress Reports Agency Annually During
(In Department approved format) Life of Project
20f2
Item No. 1683
June 8, 2004
21 of 21
,-
EXECUTIVE SUMMARY
The Collier County Board of County Commissioners (BCC) authorizing the
Chairman to enter into an Agreement with The Florida Commission for the
Transportation Disadvantaged (CTD) as required in connection with the
Transportation Disadvantaged Trip and Equipment Grant for the amount of
$531 ,971.
OB.JECfIVE: To approve the attached Transportation Disadvantaged Trip and
Equipment Agreement and authorize the Chairman of the BCC to sign the agreement as
required in connection with the Trip and Equipment Grant
CONSIDERATION: As the Community Transportation Coordinator (CTC) for Collier
County, the BCC will file a Trip and Equipment grant with the Commission for the
Transportation Disadvantaged (CTD) each year. Funds from this grant will cover a
portion of the operating expenses of the Transportation Disadvantaged Program. The
BCC approved the filing of the Transportation Disadvantaged Trip and Equipment Grant
on May 11, 2004.
FISCAL IMPACT: The agreement will secure grant funds in the amount of $531,971.
This is a reimbursement grant. The County's FY04 funding for the Transportation
,....-... Disadvantaged program in MPO Fund (126), Ttip and Equipment Grant I County Share
(31126) can be used for the match of 59,108.
GROWTH MANAGEMENT IMPACT: Consistent with Objectives 10 and 12 of the
Growth Management Plan.
RECOMMENDATION: That the Board authorize the Chairman to sign the agreement
as required in conneclion with the Trip and Equipmenl Granl.
NOTE: Please Do Not Fill In Any Dates On The Agreements
~
Agenda Item No. 1684
June 8, 2004
1 of 22
,-"'..'.'I''''''''.','..''',.,.;O'...~.~...
COLLIER COUNTY
,.-,_. SOARD OF COUNTY COMMISSIONERS
Item Number 1684
Item Summary The Ccllier County 80ard of Ce,:.;nty Cornmiss!ormrs (8CC) ,3~ithori7.in~J the
Chaim1,3n 10 enter into an AW~;HmHnt wilh nm Florida Commission for th€;
Transportation Disadvar,taged (CTD) as required in connection with the
Tran"portation Disadvar:lag"d Tr;p <,nd Equipment Grant for the amounl of
553":,971.
Meeting Date 6!fl!2004 9:00:00 AM
Prepared By
J1!l M. Brewn Public Trar;sp::,;t<;t:Oi1 P!ar:ner Date:
Transportion ServicE's Traffic Operations! ATM 5/~1!20U41(UB:()5 AM
Approved By
Tr;xm,~ Op<:;mli,~w> ,md Ait TrM'$
Diane 8. ..;a\1(1 Modes Directar D~t,=
fr,1r1Sportk,n Servlces fr,1m,~ Ope:rat\c<1!;! ArM <;rnlJ2004 7:12 PM
Approved By
Sh;;mn Newman A:;{;our:t:flg Sup~~"V~s:..:~ O<':t",
T:'af'$ oor~,h~f) St>rv:r;<:;s r:'.:'n~port~t~()n Adr:1~ni$tr~~~on 5!Hl!2004 6:33 PM
,.- Approved By
J~~; r.Jt B:-cwn Public Ti';~u:spr.;>.t;.;tion ?!cmner [lilt,:,
Transportiofl Sffry:clis T"Mfic Operations! ATM 5f26/2004 8:3~ AM
Approved By
lJiar;e Perr,rmar: Execut:v!: S!:Gmtary Date:
Transpc.rtiol1 SE'rv:C!:S Tr.t}r!sportatk.n Services Adm:fL 5j2fjI20!l412:~1 PM
Approved By
Norm f. fedr:r, Alep Tr~n:-;pf.lrt~1tjt~r. Dh;~~~{;n Ar:.minjstr3tor D.3te~:
T:<1r::-;portion Sf!r.ticr:s Tr<H::-;pCjrt;1fk~r: ~~~rv~cqs A~:r.:l.:. 5!2t!20U4 ';', :23 AM
Approved By
P3t :.<:;lmh<1rd A.:.i:":1in~~t~.Hti\ic= Ai-,f.ji'~{i;nt Oate
C,~:mty M;xn;;ger''o' Offk'e OH~c~ (>~ ~.;L~r.~9~:n(::(;~ & fh:d9~t 5!25/20(l4 '1: 55 PM
Approved By
Midlt~e! Smykowski M"'r:a~,ffmeflt & Budget Director Date
County Manager's Offi;;e Offke of Managemem & Bt:dget 5/27f2004 9:52 AM
A pproved By
James V. Mudd CCU!lty Mar:ager Date
Bcard of County
Commissioners C"Wlty M;xn;;ger''o' Offke 5J3if20(l4 ,:34 PM
-.
Agenda Item No. 1684
June 8. 2004
2 of 22
-~~.._-~ . ..~~ ,,'-'''" ""... -." .~,. ~._-",-~_._.,.- --
_. SAMAS Approp: 088846 Fund: TDTF FM/ Job N o( s )20724618401120724638401
SAMAS Obj.: 750001 Function: 035 CSF A No. 55001
Org Code: 55 120000952 Contract No.: Vendor No.: 596-000-558-004
=========================================================
=
FLORIDA COMMISSION FOR THE TRANSPORT A TION DISADV ANT AGED
TRIP & EQUIPMENT GRANT AGREEMENT
THIS AGREEMENT, made and entered into this day of 20_ by
and between the STATE OF FLORIDA COMMISSION FOR THE TRANSPORT AnON DISADV ANT AGED,
created pursuant to Chapter 427, Florida Statutes, hereinafter called the Commission and Collier County Board of
County Commissioners, 3301 East Tamiami Trail. Naples, FL 34112 hereinafter called the Grantee.
WIT N E SSE T H:
WHEREAS, the Grantee has the authority to enter into this Agreement and to undertake the Project hereinafter
described, and the Commission has been granted the authority to use Transportation Disadvantaged Trust Fund
moneys to subsidize a portion of a transportation disadvantaged person's transportation costs which is not sponsored
by an agency, and/or capital equipment purchased for the provision of non-sponsored transportation services and
other responsibilities identified in Chapter 427, Florida Statutes or rules thereof;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties
.-. agree as follows:
1.00 Purpose of Agreement: The purpose of this Agreement is to:
Provide non-sponsored transportation trips and/or capital equipment to the non-sponsored transportation
disadvantaged in accordance with the Transportation Disadvantaged Trust Fund in Chapter 427, Florida Statutes,
Rule 41-2, Florida Administrative Code, Commission policies, the Application and Policy Manual for the Trip &
Equipment Grant for non-sponsored trips and/or capital equipment as revised on March 30, 2004; and as further
described in this Agreement and in Exhibit(s) A. S, C attached hereto and by this reference made a part hereof,
hereinafter called the Project; and, for the Commission to provide non-sponsored financial assistance to the Grantee
and state the terms and conditions upon which such non-sponsored financial assistance will be provided and the
understandings as to the manner in which the Project will be undertaken and completed. Funds available through
this agreement may be used only for non-sponsored transportation services and shall be applied only after all other
potential funding sources have been used and eliminated. Grant funds shall not be used to supplant or replace
funding of transportation disadvantaged services which are currently funded to a recipient by any federal, state, or
local governmental agency.
2.00 Accomplishment of the Project:
2.10 General Requirements: The Grantee shall commence, and complete the Project as described in
Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with
the provisions herein, and all federal, state and local applicable laws.
-"- 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval,
permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Grantee to
Agenda Item No. 1684
Trip & Equipment Grant Agreement 2004/2005 June 8, 2004
Form Rev. 03/30/04 Page I of 20 PageS of 22
,-...--- ~'.-"-"--"---~"- - -"- -..,-..--..-
enter into this Agreement or to undertake the Project hereunder, or to observe, assume or carry out any of the
provisions of the Agreement, the Grantee will initiate and consummate, as provided by law, all actions
necessary with respect to any such matters so requisite.
2.30 Funds of the Grantee: The Grantee will use its best efforts to enable the Grantee to provide the
necessary funds or in-kind contributions necessary for the completion of the Project.
2.40 Submission of Proceedings, Contracts and Other Documents and Products: The Grantee shall
submit to the Commission such data, reports, records, contracts, certifications and other financial or
operational documents or products relating to the Project as the Commission may require as provided by law,
rule or under this agreement including those listed in Exhibit "C". Failure by the Grantee to provide such
documents, or provide other documents or products required by previous agreements between the
Commission and the Grantee, may, at the Commission's discretion, result in refusal to reimburse project
funds or other permissible sanctions against the Grantee, including termination.
2.50 Incorporation by Reference: The Grantee and Commission agree that by entering into this
Agreement, the parties explicitly incorporate by reference into this Agreement the applicable law and
provisions of Chapters 341 and 427, Florida Statutes, Rules 14-90 and 41-2, Florida Administrative Code,
the approved Trip and Equipment grant application submitted by the Grantee, and the Application and Policy
Manual for the Trip & Equipment Grant, as revised on March 30, 2004.
2.60 Annual Monitoring and Evaluation: The law provides that each local coordinating board annually
evaluate the performance of the Grantee using evaluation criteria approved by the Commission. A copy of
the evaluation report will be given to the designated official planning agency and the Commission. The
Grantee must fully cooperate with the local coordinating board in the performance of its duties. The Grantee
shall submit to the local coordinating board such data, reports, records, contracts, certifications and other
financial or operational documents or products relating to the Project as provided by law, rule or under this
agreement. Failure by the Grantee to cooperate with, or to provide such documents or other products to the
local coordinating board may, at the Commission's discretion, result in permissible sanctions against the
Grantee, including termination.
3.00 Total Project Cost: The total estimated cost of the Project is S 591,281.00 . This amount is based upon
the estimate summarized in Exhibit "B" and by this reference made a part hereof. The Grantee agrees to bear all
expenses in excess of the total estimated cost of the Project and any deficits involved, including any deficits
revealed by an audit performed in accordance with Article 11.00 hereof after completion of the project.
4.00 Commission Participation: The Commission agrees to maximum participation, including contingencies, in
the Project in the amount ofS 532,154.00 detailed in Exhibit "B", or in an amount equal to the percentage(s) of
total actual project cost shown in Exhibit "B", whichever is less.
4.10 Eligible Costs: Trip and Equipment Grant Funds, derived exclusively from the Transportation
Disadvantaged Trust Fund, may only be used by the Commission and the Grantee to subsidize a portion of a
transportation disadvantaged person's transportation costs which is not sponsored by any other agency, and
then only if a match, as specified in the Application and Policy Manual for the Trip and Equipment Grant, is
provided by the Grantee. Trip and Equipment Grant Funds may also be used to purchase capital equipment
used for the provision of non-sponsored transportation services.
Agenda Item No. 1684
Trip & Equipment Grant Agreement 2004/2005 June 8,2004
Form Rev. 03/30/04 Page 2 of20 Pa~5{)f 22
,,-
4.20 Eligible Project Expenditures: Project costs eligible for State participation will be allowed only from
the date of this Agreement. It is understood that State participation in eligible project costs is subject to:
a) The understanding that disbursement 0 f funds will be made in accordance with the Commission's
cash forecast;
b) Availability of funds as stated in Article 17.00 of this Agreement;
c) Commission approval of the project scope and budget (Exhibits A & B) at the time appropriation
authority becomes available;
d) Submission of all certifications, invoices, detailed supporting documentation, or other obligating
documents and all other terms of this agreement.
If the Grantee wishes to purchase vehicles or other equipment with Transportation Disadvantaged Trust
Funds after the date this Agreement becomes effective, the Grantee must first obtain written approval of such
acquisition from the Commission and then execute an amended Exhibit "A".
4.30 Project Funds: In addition to other restrictions set out in this Trip and Equipment Grant agreement,
the Grantee must also adhere to the following limitations on the use of Transportation Disadvantaged Trust
Funds:
4.31 Transfer of Funds: A Grantee in a non-multi-county designated service area, may not borrow,
loan or otherwise transfer Transportation Disadvantaged Trust Funds from one designated service area
to another without the express written approval of the Commission.
-
4.32 Use of Vehicles: The Grantee may only purchase vehicles with Transportation Disadvantaged
Trust Funds which the Grantee actually uses to transport eligible transportation disadvantaged
passengers in the coordinated system.
4.40 Front End Funding: Front end funding is not applicable.
5.00 Retainage: Retainage is not applicable.
6.00 Project Budget and Disbursement Schedule:
6.10 The Project Budget: The Grantee shall maintain the Commission approved Project Budget, as set
forth in Exhibit "B", carry out the Project, and shall incur obligations against and make disbursements of
Project funds only in conformity with the latest approved budget for the Project. The budget may be revised
periodically, but no budget revision shall be effective unless it complies with fund participation requirements
established in Article 4.00 of this Agreement and is approved in writing by the Commission. Any budget
revision that changes the fund participation requirements established in Article 4.00 of this agreement shall
not be effective unless approved in writing by the Commission and the Florida Department of Transportation
Comptroller.
6.20 Schedule of Disbursements: The Grantee shall abide by the Commission approved disbursements
schedule, contained in Exhibit "B". This schedule shall show estimated disbursement of Commission funds
for the entire term of the Project by month or quarter of the fiscal year in accordance with Commission fiscal
policy. The schedule may be divided by Project phase where such division is determined to be appropriate
-,~
Agenda Item No. 1684
Trip & Equipment Grant Agreement 2004/2005 June 8, 2004
Form Rev. 03/30/04 Page 3 of 20 Pafj:uf 22
...._m". --,- .... ,.,..,~._. '-'<--"'" -_._--
by the Commission. Any signiticant deviation from the approved schedule in Exhibit "B" requires advance
submission of a supplemental schedule by the agency and advance approval by the Commission.
Reimbursement for the Commission's share of the project shall not be made for an amount greater than the
cumulative total up to any given month as indicated in the disbursement schedule in Exhibit "B".
7.00 Accounting Records, Audits and Insurance:
7.10 Establishment and Maintenance of Accounting Records: The Grantee shall establish for the
Project, in conformity with the latest current uniform requirements established by the Commission to
facilitate the administration of the non-sponsored financing program, either separate accounts to be
maintained within its existing accounting system, or establish independent accounts. Such non-sponsored
financing accounts are referred to herein collectively as the "Project Account".
The Project Account, and detailed documentation supporting the Project Account, must be made available
upon request, without cost, to the Commission any time during the period of the Agreement and for five
years after final payment is made or if any audit has been initiated and audit findings have not been resolved
at the end of five years, the records shall be retained until resolution of the audit findings.
Should the Grantee provide "sponsored" transportation to other purchasing agencies within the coordinated
system during the time period of this Agreement, the Grantee shall maintain detailed documentation
supporting the "sponsored" transportation to the other purchasing agencies, and must make this
documentation available upon request, without cost, to the Commission any time during the period of the
Agreement and for tive years after tinal payment is made or if any audit has been initiated and audit findings
have not been resolved at the end of five years, the records shall be retained until resolution of the audit
findings.
7.20 Funds Received Or Made Available for The Project: The Grantee shall appropriately record in the
Project Account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance
Corporation, all non-sponsored transportation payments received by it from the Commission pursuant to this
Agreement and all other funds provided for, accruing to, or otherwise received on account of the Project,
which Commission payments and other funds are herein collectively referred to as "Project Funds". The
Grantee shall require depositories of Project Funds to secure continuously and fully all Project Funds in
excess of the amounts insured under Federal plans, or under State plans which have been approved for the
deposit of Project funds by the Commission, by the deposit or setting aside of collateral of the types and in
the manner as prescribed by State law for the security of public funds, or as approved by the Commission.
7.30 Costs Incurred for the Project: The Grantee shall charge to the Project Account only eligible costs
of the Project. Costs in excess of the latest approved budget, costs which are not within the statutory criteria
for the Transportation Disadvantaged Trust Fund, or attributable to actions which have not met the other
requirements of this Agreement, shall not be considered eligible costs.
7.40 Documentation of Project Costs and Claims for Reimbursement: All costs charged to the Project,
including any approved services contributed by the Grantee or others, shall be supported by properly
executed payrolls, time records, invoices, contracts, driver's manifests, vouchers, vehicle titles, and other
detailed supporting documentation evidencing in proper detail the nature and propriety of the charges.
Records must be kept to show how the value placed on third party transactions was derived.
Agenda Item No. 1684
Trip & Equipment Grant Agreement 2004/2005 June 8, 2004
Form Rev. 03/30/04 Page 4 of 20 pa&uf 22
-
The Grantee shall provide sufficient detailed documentation for each cost or claim for reimbursemrnt to
- allow an audit trail to ensure that the services rendered or costs incurred were those which wer.: promised.
The documentation must be sufficiently detailed to comply with the laws and policies oftht: De;xlrtment of
Financial Services.
7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Grantee with respect to any item
which is or will be chargeable against the Proj ect Account will be drawn only in accordance with a properly
signed voucher then on file in the office of the Grantee stating in proper detail the purpose for which such
check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting
documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible, within
the Grantee's existing accounting system, and, to the extent feasible, kept separate and apart from all other
such documents.
7.60 Audit Reports: In the event that the Grant recipient expends a total of 5300,000 or more in State
awards in its fiscal year, the Grant recipient must have a State single or project-specific audit for such fiscal
year in accordance with Section 215.97, Florida Statutes, Rule Sections 10.550, 10.650, Florida
Administrative Code, and the applicabLe rules of the Executive Office of the Governor and the Chief
Financial Officer, and rules of the Auditor General. State Awards will be identified using the Catalog of
State Financial Assistance (CSF A) title and number, award number and year, the name of the awarding State
Agency. If the grant recipient expends less than 5300,000, this audit is not required and if the grant recipient
elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the
cost of the audit must be paid from non-State funds.
The Grant recipient agrees to allow the Commission, the Department of Transportation, the Chief Financial
- Officer and the Auditor General access to records and independent auditor's working papers, as necessary
for complying with the requirements of Section 215.97, Florida Statutes.
The Grant Recipient shall provide annuaL financial reporting package of audits prepared in accordance with
Section 215.97, Florida Statutes, and applicable Rules of the Auditor General to the Commission and the
Office of the Auditor General.
The Grantee shall permit, and shall require its contractors to permit, the Commission's authorized
representatives to inspect all work, materials, payrolls, records, drivers' manifests, capital equipment; and to
audit the books, records and accounts pertaining to the financing and development of the project at all
reasonable times including upon completion of the project, and without notice. Grant recipients shall make
all records available to the CTD, upon request, for a period of five (5) years after final project invoice.
Should the Grantee provide "sponsored" transportation to other purchasing agencies within the coordinated
system during the time period of this Agreement, the Grantee shall maintain detailed documentation
supporting the "sponsored" transportation to the other purchasing agencies, and must make this
documentation available upon request, without cost, to the Commission any time during the period of the
Agreement and for five years after final payment is made or ifany audit has been initiated and audit findings
have not been resolved at the end of five years, the records shall be retained until resolution of the audit
findings.
If an audit discloses any significant audit findings relating to any award, including material noncompliance
with individual project compliance requirements or reportable conditions in internal controls of the Grant
Recipient shall submit as part of the audit package to the Commission a plan for corrective action to
---, eliminate such audit findings or a statement describing the reasons that corrective action is not necessary.
Agenda Item No. 1684
Trip & Equipment Grant Agreement 2004/2005 June 8,.2004
7 of 22
Form Rev. 03/30/04 Page 5 of20 Pages
-- --- -~_..- -.>,.,. .>-~ . ...._,,~_._---,--
The Grant Recipient shall take timely and appropriate corrective action to any audit findings,
recommendations, and corrective action plans.
Monitoring: In addition to reviews of audits conducted in accordance with OMS A-I33 monitoring
procedures may include, but not be limited to, on-site visits by Commission staff, limited scope audits as
defined by OMS A-I33, and/or other procedures. By entering into this agreement, the recipient agrees to
comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission. In
the event the Commission determines that a limited scope or project-specific audit of the recipient is
appropriate, the recipient agrees to comply with any additional instructions provided by the Commission to
the recipient regarding such audit. The recipient further agrees to comply and cooperate with any
inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor
General. The Grantee shall also require auditors to determine compliance with Article 12.00 and Paragraph
8.26, and Exhibit "A", "Special Considerations by Grantee".
7.70 Insurance: The Grantee shall carry insurance on Project vehicles and equipment, and guarantee
liability for minimum coverage as follows:
7.71 Liability: Liability coverage in an amount of Sl 00,000 for anyone (1) person, S200,000 per
occurrence at all times in which Project vehicles or equipment are engaged in approved project
activities. The Grantee shall insure that contracting Transportation Operators also maintain the same
minimum liability insurance, or an equal governmental insurance program.
7.72 Collision: Collision, fire, theft, and comprehensive coverage in any amount required to pay for
any damages to the Project vehicle(s) and equipment including restoring to its then market value or
replacement.
7.73 Property Insurance: The Grantee shall carry fire, theft, and comprehensive coverage property
insurance, with replacement cost value, on equipment, other than vehicles, purchased with
Transportation Disadvantaged Trust Funds.
7.74 Other Insurance: The above required insurance will be primary to any other insurance coverage
that may be applicable.
8.00 Requisitions and Payments:
8.10 Preliminary Action by the Grantee: In order to obtain any Transportation Disadvantaged Trust
Funds, the Grantee shall:
8.11 File with the Commission for the Transportation Disadvantaged, 605 Suwannee Street, Mail
Station 49, Tallahassee, Florida, 32399-0450, its requisition or invoice on a form or forms prescribed by
the Commission, and such other detailed supporting documentation pertaining to the Project Account
and the Project (as listed in Exhibit "C" hereof) as the Commission may require, to justify and support
the payment requisitions, invoices, and vouchers, including, at a minimum:
(1) The date the Grantee incurred project costs and equipment, vehicles or other property or
services associated with the Project;
(2) A statement by the Grantee certifying that the Grantee has acquired the property or
servIces;
Agenda Item No. 16B4
June 8, 2004
Trip & Equipment Grant Agreement 200412005 8 of 22
Form Rev. 03/30/04 Page 6 of20 Pages
,._..~ (3) The actual consideration paid for the property or services;
(4) A statement that the submitted detail is sufficient for a proper pre-audit or post-audit; and,
(5) An attestation, on the form or forms prescribed by the Commission, from the head of the
Grantee, under the penalties of perjury, that the Grantee has complied with the provisions of
the Grant Agreement. The designated signatory of the Grantee must sign the following
attestation which appears on all Commission form invoices and requisitions:
"I certify, under penalty of perjury, that the aforesaid listing is true and correct, and the
Agency has complied with the provisions of the Agreement."
8.12 Comply with all applicable provisions of this Agreement.
8.20 The Commission's Obligations: Subject to other provisions hereof, the Commission will honor such
requisitions in amounts and at times deemed by the Commission to be proper and in accordance with this
Agreement to ensure the completion of the Project and payment of the eligible costs. However,
notwithstanding any other provision of this Agreement, the Commission may give written notice to the
Grantee that it will refuse to make a payment to the Grantee on the Project Account if:
8.21 Misrepresentation: The Grantee has made misrepresentations of a material nature in its
application, or any supplement thereto or amendment thereof, with respect to any document or record
of data or certification furnished therewith or pursuant hereto;
8.22 Litigation: There is pending litigation with respect to the performance by the Grantee of any of
,- its duties or obligations which may jeopardize or adversely affect the Project, the Agreement, or
payments to the Project;
8.23 Required Submittals/Certifications: The Grantee has failed or refused to provide to the
Commission detailed documentation of requisitions or certifications of actions taken;
8.24 Conflict of Interests: There has been any violation of the connict of interest provisions,
prohibited interests, or lobbying restrictions, contained herein;
8.25 Default: The Grantee has been determined by the Commission to be in default under any of the
provisions of this or any other Agreement which the Grantee has with the Commission; or
8.26 Supplanting of Funds: The Grantee has used Transportation Disadvantaged Trust Funds to
replace or supplant available and appropriate funds for the same purposes, in violation of Chapter 427,
Florida Statutes.
8.30 Disallowed Costs: In determining the amount of the Grantee's payment, the Commission will exclude
all costs incurred by the Grantee prior to the effective date of this Agreement, costs which are not provided
for in the latest approved budget for the Project, costs which are not within the statutory criteria for the
Transportation Disadvantaged Trust Fund, and costs attributable to goods, equipment, vehicles or services
received under a contract or other arrangements which have not been approved in writing by the
Commission or certified by the Grantee, pursuant to Exhibit "C".
- 8.40 Invoices for Goods or Services: Invoices for goods or services or expenses provided or incurred
Agenda Item No. 1684
Trip & Equipment Grant Agreement 2004/2005 June 8, 2004
Form Rev. 03/30/04 Page 7 of 20 pa&!Qf 22
'--"" -"...."'...~_.._..-..._" "'"-"." ----
pursuant to this Agreement shall be submitted in detail sufficient for a proper preaudit and postaudit
thereof. Failure to submit to the Commission detailed supporting documentation with the invoice or
request for project funds will be cause for the Commission to refuse to pay the amount claimed by the
Grantee until the Commission is satisfied that the criteria set out in Chapters 287 and 427, Florida
Statutes, Rules 3A-24, 41-2 and 60A-l, Florida Administrative Code, and the Application and Policy
Manual for the Trip & Equipment Grant is met.
8.50 Commission Claims: If, after project completion, any claim is made by the Commission resulting
from an audit or for work or services performed pursuant to this agreement, the Commission may offset such
amount from payments due for work or services done under any grant agreement which it has with the
Grantee owing such amount if, upon demand, payment of the amount is not made within (60) days to the
Commission. Offsetting any amount pursuant to this section shall not be considered a breach of contract by
the Commission.
9.00 Termination or Suspension of Project:
9.10 Termination or Suspension Generally: If the Grantee abandons or, before completion, finally
discontinues the Project: or if, by reason of any of the events or conditions set forth in Section 8.20, or for
any other reason, the commencement, prosecution, or timely completion of the Project by the Grantee is
rendered improbable, infeasible, impossible, or illegal, the Commission may, by written notice to the
Grantee, suspend any or all of its obligations under this Agreement until such time as the event or condition
resulting in such suspension has ceased or been corrected, or the Commission may terminate any or all of its
obligations under this Agreement.
9.20 Action Subsequent to l'i'otice of Termination or Suspension: Upon receipt of any final termination
or suspension notice under this Paragraph, the Grantee shall proceed promptly to carry out the actions
required therein which may include any or all of the following: (1) necessary action to terminate or suspend,
as the case may be, Project activities and contracts and such other action as may be required or desirable to
keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a
statement of the project activities and contracts, and other undertakings the cost of which are otherwise
includable as Project costs; and (3) remit to the Commission such portion of the financing and any advance
payment previously received as is determined by the Commission to be due under the provisions of the
Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan,
and budget as approved by the Commission or upon the basis of terms and conditions imposed by the
Commission upon the failure of the Grantee to furnish the schedule, plan, and budget within a reasonable
time. The acceptance of a remittance by the Grantee shall not constitute a waiver of any claim which the
Commission may otherwise have arising out of this Agreement.
9.30 Public Access to Records: The Commission reserves the right to unilaterally cancel this agreement
for refusal by the Grantee or its contractors to allow public access to all documents, papers, letters, records
or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received in
conjunction with this agreement.
10.00 Remission of Project Account Upon Completion of Project: Upon completion and after financial audit of
the Project, and after payment, provision for payment, or reimbursement of all Project costs payable from the
Project Account is made, the Grantee shall remit to the Commission its share of any unexpended balance in the
Agenda Item No. 1684
Trip & Equipment Grant Agreement 2004/2005 June 8, 2004
Form Rev. 03/30/04 Page 8 of 20 J1.@l~f 22
~.-. Project Account.
11.00 Audit and Inspection: The Grantee shall permit, and shall require its contractors to permit, the
Commission's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books,
records and accounts pertaining to the financing and development of the Project at all reasonable times including
upon completion of the Project, and without notice.
12.00 Contracts of the Grantee:
12.10 Third Party Agreements: The Grantee shall not execute any contract or obligate itself in any
manner requiring the disbursement of Transportation Disadvantaged Trust Fund moneys, including
transportation operator and consultant contracts or amendments thereto, with any third party with respect to
the Project without being able to provide a written certification by the Grantee that the contract or obligation
was executed in accordance with the competitive procurement requirements of Chapter 287, Florida Statutes,
Chapter 427, Florida Statutes, and the rules promulgated by the Department of Management Services.
Failure to provide such certification, upon the Commission's request, shall be sufficient cause for
nonpayment by the Commission as provided in Paragraph 8.23. The Grantee agrees, that by entering into this
Agreement, it explicitly certifies that all of its third party contacts will be executed in compliance with this
section.
12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the
parties hereto that participation by the Commission in a project with a Grantee, where the project involves a
consultant contract for any service, is contingent on the Grantee complying in full with provisions of Section
- 287.055, Florida Statutes, Consultants Competitive Negotiation Act. The Grantee shall certify compliance
with this law to the Commission for each consultant contract it enters.
12.30 Competitive Procurement: Procurement of all services, vehicles, equipment or other commodities
shall comply with the provisions of Section 287.057, Florida Statutes. Upon the Commission's request, the
Grantee shall certify compliance with this law.
13.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
13.10 Equal Employment Opportunity: In connection with the carrying out of this Agreement, the
Grantee shall not discriminate against any employee or applicant for employment because of race, age,
disability, creed, color, sex or national origin. The Grantee will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment, without regard to their race,
age, disability, creed, color, sex, or national origin. Such action shall include, but not be limited to, the
following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of payor other forms of compensation; and selection for training, including
apprenticeship. The Grantee shall insert the foregoing provision modified only to show the particular
contractual relationship in all its contracts in connection with the development of operation of the Project,
except contracts for the standard commercial supplies or raw materials, and shall require all such contractors
to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw
materials. The Grantee shall post, in conspicuous places available to employees and applicants for
employment for Project work, notices setting forth the provisions of the nondiscrimination clause.
-_. 13.20 Title VI - Civil Rights Act of 1964: The Grantee must comply with all the requirements imposed by
Agenda Item No. 1684
Trip & Equipment Grant Agreement 2004/2005 June 8, 2004
Form Rev. 03/30/04 Page 9 of 20 pt.~!Qf 22
---.~_..-. _.. --. ,..---.. ---. .-- --
Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Department of
Transportation, the Regulations of the Federal Department of Justice and the assurance by the Grantee
pursuant thereto.
13.30 Prohibited Interests:
13.31 Contracts or Purchases: Unless authorized in writing by the Commission, no officer of the
Grantee, or employee acting in his or her official capacity as a purchasing agent, shall either directly or
indirectly purchase, rent, or lease any realty, goods, or services for the Grantee from any business
entity of which the officer or employee or the officer's or employee's business associate or spouse or
child is an officer, partner, director, or proprietor or in which such officer or employee or the officer's
or employee's spouse or child, or any combination of them, has a material interest.
13.32 Business Conflicts: Unless authorized in writing by the Commission, it is unlawful for an
officer or employee of the Grantee, or for any company, corporation, or firm in which an officer or
employee of the Grantee has a financial interest, to bid on, enter into, or be personally interested in the
purchase or the furnishing of any materials, services or supplies to be used in the work of this
agreement or in the performance of any other work for which the Grantee is responsible.
13.33 Solicitations: No officer or employee of the Grantee shall directly or indirectly solicit or accept
funds from any person who has, maintains, or seeks business relations with the Grantee.
13.34 Former Employees - Contractual Services: Unless authorized in writing by the Commission,
no employee of the Grantee shall, within 1 year after retirement or termination, have or hold any
employment or contractual relationship with any business entity in connection with any contract for
contractual services which was within his or her responsibility while an employee.
13.35 Former Employees - Consulting Services: The sum of money paid to a former employee of
the Grantee during the first year after the cessation of his or her responsibilities, by the Grantee, for
contractual services provided to the Grantee, shall not exceed the annual salary received on the date of
cessation of his or her responsibilities. The provisions of this section may be waived by the Grantee for
a particular contract if the Grantee determines, and the Commission approves, that such waiver will
result in significant time or cost savings for the Grantee and the project.
The Grantee shall insert in all contracts entered into in connection with this Agreement and shall
require its contractors to insert in each of their subcontracts, the following provision:
"No member, officer, or employee of the Grantee during his tenure or for one year thereafter
shall have any interest, direct or indirect, in this contract or the proceeds thereof."
The provisions of this section shall not be applicable to any agreement between the Grantee and its
fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by
a Governmental agency.
13.40 Non-discrimination of Persons With Disabilities: The Grantee and any of its contractors or their
sub-contractors shall not discriminate against anyone on the basis of a handicap or disability (physical,
Agenda Item No. 1684
Trip & Equipment Grant Agreement 2004/2005 June 8,2004
Form Rev. 03/30/04 Page 10 of20'l'al'Of 22
.
.
---~ mental or emotional impairment). The Grantee agrees that no funds shall be used to rent, lease or barter any
real property that is not accessible to persons with disabilities nor shall any meeting be heid iTl :my facility
unless the facility is accessible to persons with disabilities. The Grantee shall also assure compliance with
The Americans with Disabilities Act, as amended, as it may be amended from time to time.
13.50 Lobbying Prohibition: No Grantee may use any funds received pursuant to this Agreement for the
purpose of lobbying the Legislature, the judicial branch, or a state agency. No Grantee may employ any
person or organization with funds received pursuant to this Agreement for the purpose of lobbying the
Legislature, the judicial branch, or a state agency. The "purpose oflobbying" includes, but is not limited to,
salaries, travel expenses and per diem, the cost for publication and distribution of each publication used in
lobbying; other printing; media; advertising, including production costs; postage; entertainment; and
telephone and telegraph; and association dues. The provisions of this paragraph supplement the provisions
of Section 11.062, Florida Statutes, which is incorporated by reference into this Agreement.
13.60 Public Entity Crimes: No Grantee shall accept any bid from, award any contract to, or transact any
business with any person or affiliate on the convicted vendor list for a period of 36 months from the date that
person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed
from the list pursuant to Section 287.133, Florida Statutes. The Grantee may not allow such a person or
affiliate to perform work as a contractor, supplier, subcontractor, or consultant under a contract with the
Grantee. If the Grantee was transacting business with a person at the time of the commission of a public
entity crime which resulted in that person being placed on the convicted vendor list, the Grantee may also
not accept any bid from, award any contract to, or transact any business with any other person who is under
the same, or substantially the same, control as the person whose name appears on the convicted vendor list
- so long as that person's name appears on the convicted vendor list.
14.00 Miscellaneous Provisions:
14.10 Environmental Pollution: All Proposals, Plans, and Specifications for the acquisition,
reconstruction, or improvement of vehicles or equipment, shall show that such vehicles or equipment are
equipped to prevent and control environmental pollution.
14.20 Commission Not Obligated to Third Parties: The Commission shall not be obligated or liable
hereunder to any party other than the Grantee.
14.30 When Rights and Remedies Not Waived: In no event shall the making by the Commission of any
payment to the Grantee constitute or be construed as a waiver by the Commission of any breach of covenant
or any default which may then exist, on the part of the Grantee, and the making of such payment by the
Commission while any such breach or default shall exist shall in no way impair or prejudice any right or
remedy available to the Commission for such breach or default.
14.40 How Contract Affected by Provisions Being Held Invalid: If any provision of this Agreement is
held invalid, the provision shall be severable and the remainder of this Agreement shall not be affected. In
such an instance the remainder would then continue to conform to the terms and requirements of applicable
law.
- 14.50 Bonus and Commissions: By execution of the Agreement the Grantee represents that it has not paid
Agenda Item No. 1684
Trip & Equipment Grant Agreement 2004/2005 June 8, 2004
Form Rev. 03/30/04 Page 11 of201'$ilOf 22
.,---.--- .-- ,".>.-,,- ''''''''_......"_.H_ ...--......-
and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its
application for the financing hereunder.
14.60 State or Territorial Law: Nothing in the Agreement shall require the Grantee to observe or enforce
compliance with any provision thereof, perform any other act or do any other thing in contravention of any
applicable State or federal law. Provided, that if any of the provisions of the Agreement violate any
applicable State or federal law, the Grantee will at once notify the Commission in writing in order that
appropriate changes and modifications may be made by the Commission and the Grantee to the end that the
Grantee may proceed as soon as possible with the Project.
14.70 Purchased Vehicles or Equipment:
14.71 Maintenance of Purchased Vehicles or Equipment: The Grantee agrees to maintain the
vehicles and equipment~ purchased or financed in whole or in part with Transportation Disadvantaged
Trust Funds pursuant to this Agreement~ in good working order for the useful life of the vehicles and
equipment. The Grantee agrees not to make alterations or modifications to the equipment or vehicles
without the consent of the Commission. Any lease or assignment of operational responsibility of
project vehicles and equipment to third-persons is not allowed unless approved in writing by the
Commission.
14.72 Utilization: The Grantee agrees to assure that all Project equipment and vehicles purchased
with Transportation Disadvantaged Trust Funds are used to meet the identified transportation needs of
the non-sponsored and in support of the service plan established under the provisions of Rule 41-2,
Florida Administrative Code, to serve the transportation needs of the transportation disadvantaged of
the area. Purchased Project equipment and vehicles shall be operated to their maximum possible
efficiency. Purchased vehicles and equipment will be used for the period of their useful lives in
accordance with the most current Commission policies. The Commission may, after consultation with
the Grantee, transfer purchased equipment and vehicles that it deems to be underutilized or that is not
being operated for its intended purpose. This underutilized equipment and vehicles will be returned to
the Commission at a specified location at a mutually agreeable time. Reimbursement of any equity or
interest of the Grantee will be made after another party has assumed the obligations under the terms
and conditions of this Agreement or disposal of said items by sale has occurred. The Commission
shall make the sole determination of the Grantee's interest and reimbursement. As determined by the
Commission, failure to satisfactorily utilize vehicles and equipment that are purchased with Project
funds shall be sufficient cause for non-payment by the Commission as provided in Paragraph 8.25.
14.73 Disposal of Purchased Project Equipment: Useful life of capital equipment is defined in the
Commission's Capital Equipment Procedure as incorporated herein by reference. The following
applicable process must be used prior to disposition of any capital equipment purchased with these
grant funds:
a) While the Grantee is still under contract with the Commission and the capital equipment still
has useful life, the Grantee must request written approval from the Commission prior to
disposing of any equipment purchased or financed in whole or in part pursuant to this
Agreement, including vehicles, during its useful life, for any purpose. Proceeds from the sale of
purchased project equipment and vehicles shall be documented in the project file(s) by the
Grantee. With the approval of the Commission, these proceeds may be re-invested for any
Agenda Item No. 1684
Trip & Equipment Grant Agreement 2004/2005 June 8, 2004
Form Rev. 03/30/04 Page 12 of20tLtgf 22
>- purpose which expands transportation disadvantaged services for the non-sponsored. If the
Grantee does not elect to re-invest for purposes which expand transportation disadvantaged
services, the gross proceeds from sale shall be refunded to the Commission in the same
participation percentage ratios as were used to fund the original purchase.
b) The purchase of all vehicles and equipment financed in whole or in part pursuant to this
Agreement shall be undertaken by the Grantee on behalf of the Florida Commission for the
Transportation Disadvantaged in accordance with State regulations and statutes. Title to any
vehicle purchased with Project funds shall be in the name of the Grantee, subject to lien in favor
of the Commission. The Commission will relinquish all interest in the vehicles and equipment
when it has reached the end of its useful life and at this time the Commission will satisfy its lien
ofrecord.
c) When a Grantee is no longer an eligible recipient of trip and equipment grant funds and no
longer a Commission approved Community Transportation Coordinator, the capital equipment
with useful life purchased with these grant funds must be transferred to an eligible recipient in
accordance with the Commission's Capital Equipment Procedure or the Commission.
14.80 Accidents: Any accident involving leased or purchased vehicles, or vehicles under contract between
the community transportation coordinator and a transportation operator or coordination contractor paid in
whole or in part with trust fund money, must be reported to the Commission. Accidents involving a fatality
or fatalities must be reported to the Commission not more than 24 hours after the community transportation
--, coordinator becomes aware of the fatal accident. Any other accident, those not involving a fatality or
fatalities, with over $1,000 in property damages, must be reported to the Commission not more than 72 hours
after the community transportation coordinator becomes aware of the accident. Copies of any accident
reports prepared or received by the community transportation coordinator as a result of any accident must be
sent to the Commission upon receipt or preparation of the report.
15.00 Plans and Specifications: In the event that this agreement involves the purchasing of capital equipment or
major components thereof, upon the Commission's request the Grantee shall submit to the Commission,
certification that all such equipment meets or exceeds the requirements as identified in Exhibit "A". Failure to
abide by this requirement shall be sufficient cause for nonpayment by the Commission as provided in Paragraph
8.23.
16.00 Contractual Indemnity: To the extent permitted by law, the Grantee shall indemnify, defend, save, and
hold harmless the Commission and all their officers, agents or employees from all suits, actions, claims, demands,
and liability of any nature whatsoever arising out of, because of, or due to breach of the agreement by the Grantee
or its subcontractors, agents or employees or due to any negligent act, or occurrence of omission or commission of
the Grantee, its subcontractors, agents or employees. Neither the Grantee nor any of its agents will be liable under
this article for damages arising out of injury or damage to persons or property directly caused or resulting from the
sole negligence of the Commission or any of their officers, agents or employees. The parties agree that this clause
shall not waive the benefits or provisions of Section 768.28, Florida Statutes or any similar provision of law.
Notwithstanding the foregoing, pursuant to Section 768.28, Florida Statutes, no agency or subdivision of the state
shall be required to indemnify, insure, or assume any liability for the Commission's negligence.
,-- 17.00 Appropriation of Funds:
Agenda Item No. 1684
Trip & Equipment Grant Agreement 2004/2005 June 8, 2004
Form Rev. 03/30/04 Page 13 of 20 1'6l'Of 22
-'..-._- -.-.-- -.-.-.---
17.10 The State of Florida's performance and obligation to pay under this agreement is contingent upon an
annual appropriation by the Legislature.
17.20 Multi-Year Commitment: Whereas the Commission is created in the Florida Department of
Transportation (Department) and assigned to the Secretary of the Florida Department of Transportation for
administrative and fiscal accountability purposes; in the event this agreement is in excess of $25,000 and has
a term for a period of more than one year, the provisions of Section 339.135(7)(a) and Section 287.058,
Florida Statutes, are hereby incorporated:
The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any
contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as
available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of
this subsection shall be null and void, and no money may be paid on such contract. The Department
shall require a statement from the comptroller of the Department that funds are available prior to
entering into any such contract or other binding commitment offunds. Nothing herein contained shall
prevent the making of contracts for periods exceeding one year, but any contract so made shall be
executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal
years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are
for an amount in excess of twenty-five thousand dollars and having a term for a period of more than
one year.
In the event that this Agreement is for more than one year, this Agreement may be renewed on a yearly
basis for a period of up to 2 years after the initial Agreement or for a period no longer than the term of
the original Agreement, whichever period is longer, on the condition that renewals shall be contingent
upon satisfactory performance evaluations by the Grantee and is subject to the availability of funds.
The Commission's performance and obligation to pay under any multi-year Agreement is explicitly
contingent upon an annual appropriation by the Legislature.
18.00 Expiration of Agreement: The Grantee agrees to complete the Project on or before June 30,2005
If the Grantee does not complete the Project within this time period, this agreement will expire unless an extension
of the time period is granted to the Grantee in writing by the Chairperson of the Commission for the
Transportation Disadvantaged or designee. Expiration of this agreement will be considered termination of the
Project and the procedure established in Article 9.00 of this agreement shall be initiated. For the purpose of this
Article, completion of proj ect is defined as the latest date by which services may have been provided or equipment
funds may have been expended or obligated under a purchase order, as provided in the project description (Exhibit
"A"). Unless otherwise extended by the Commission, all reimbursement invoices must be received by the
Commission no later than 90 days after the expiration date of this agreement.
19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All
words used in the plural form shall extend to and include the singular. All words used in any gender shall extend
to and include all genders.
20.00 Execution of Agreement: This agreement may be simultaneously executed in a minimum of two
counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall
constitute one in the same instrument.
Agenda Item No. 1684
Trip & Equipment Grant Agreement 200412005 June 8,2004
Form Rev. 03/30/04 Page 14 of20't€Egf 22
- 21.00 Vendors and Subcontractors Rights:
21.10 Vendors (in this document identified as the Grantee) providing goods and services to the Commission
will receive payments in accordance with Section 215.422, Florida Statutes. The parties hereto acknowledge
Section 215.422, Florida Statutes, and hereby agree that the time in which the Commission is required to
approve and inspect goods and services shall be changed from a period not to exceed five (5) working days
to a period not to exceed eleven (11) working days upon receipt of a proper invoice. The Florida
Department of Transportation has 20 days to deliver a request for payment (voucher) to the Department of
Financial Services after receiving an approved invoice from the Conunission. The 20 days are measured
from the latter of the date the invoice is received or the goods or services are received, inspected, and
approved.
If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval
of goods and services, a separate interest penalty per day (as defined by Rule) will be due and payable, in
addition to the invoice amount to the Grantee. The interest penalty provision applies after a 35 day time
period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be
enforced unless the Grantee requests payment. Invoices which have to be returned to a Grantee because of
vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not
start until a properly completed invoice is provided to the Commission.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this
individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely
payment(s) from the Commission. The Vendor Ombudsman may be contacted at (850) 410-9724 or by
,-" calling the Chief Financial Officer's Hotline, 1-800-848-3792.
21.20 Payment to Subcontractors: Payment by the Grantee to all subcontractors with approved third party
contracts shall be in compliance with Section 287.0585, Florida Statutes. Each third party contract from the
Grantee to a subcontractors for goods or services to be performed in whole or in part with Transportation
Disadvantaged Trust Fund moneys, must contain the following statement:
When a contractor receives from a state agency any payment for contractual services, commodities,
supplies, or construction contracts, except those construction contracts subject to the provisions of
chapter 339, the contractor shall pay such moneys received to each subcontractor and supplier in
proportion to the percentage of work completed by each subcontractor and supplier at the time of
receipt of the payment. If the contractor receives less than full payment, then the contractor shall be
required to disburse only the funds received on a pro rata basis with the contractor, subcontractors,
and suppliers, each receiving a prorated portion based on the amount due on the payment. If the
contractor without reasonable cause fails to make payments required by this section to
subcontractors and suppliers within 7 working days after the receipt by the contractor of full or
partial payment, the contractor shall pay to the subcontractors and suppliers a penalty in the
amount of one-half of 1 percent of the amount due, per day, from the expiration of the period
allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall
not exceed 15 percent of the outstanding balance due. In addition to other fines or penalties, a
person found not in compliance with any provision of this subsection may be ordered by the court
to make restitution for attorney's fees and all related costs to the aggrieved party orthe Department
of Legal Affairs when it provides legal assistance pursuant to this section. The Department of
",-., Legal Affairs may provide legal assistance to subcontractors or vendors in proceedings brought
Agenda Item No. 1684
Trip & Equipment Grant Agreement 200412005 June 8, 2004
Form Rev. 03/30/04 Page 15 of201'fg~f 22
..---- ~ -- ._-~"",_..- --~--
against contractors under the provisions of this section.
22.00 Modification: This Agreement may not be changed or modified unless authorized in writing by the
Commission.
Agenda Item No. 1684
Trip & Equipment Grant Agreement 2004;2005 June 8,2004
Form Rev. 03/30/04 Page l6 of201'&~f 22
.
!
-- FM/JOB NO(S). 20724618401!Y'=";;().~8401
CONTRACT NO.
AGREEMENT DATE
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the clay and year first above
written.
GRANTEE: Collier County Board of County COMMISSION FOR THE TRANSPORTATION
Commissioners DISADV ANT AGED
BY: BY:
TITLE: TITLE: Executive Director (Commission Desienee)
ATTEST: ATTEST:
...........
(SEAL) (SEAL)
~OTARY or TITLE ~OT ARY or TITLE
DATE FUNDING APPROVED BY COMPTROLLER
(SEE A TT ACHED ENCUMBRANCE FORM
DEPARTMENT OF TRANSPORTATION)
.-""
Agenda Item No. 1684
Trip & Equipment Grant Agreement 200412005 June 8, 2004
Form Rev. 03/30/04 Page 17 of 20 1'Qigf 22
._-,.~,," 0.- M.___ --" - -....-.-' -._---~-,_.-
FM/JOB NOeS). 20724618401/20724638401
CONTRACT NO.
AGREEMENT DATE
EXHIBIT "A"
PROJECT DESCRIPTION A:\TD RESPONSIBILITIES
TRIPIEQUIPMENT
This exhibit forms an integral part of that Grant Agreement, between the State of Florida, Commission for the Transportation
Disadvantaged and Collier County Board of County Commissioners. 330 I East Tamiami Trail. Naples. FL 34112
PROJECT LOCATION: Collier County
PROJECT DESCRIPTION: To purchase passenger trips and/or capital equipment so that transportation can be provided to
the non-sponsored transportation disadvantaged in accordance with Chapter 427, Florida Statutes, Rule 41-2, Florida
Administrative Code, the most current Commission policies and the Application and Policy Manual for the Trip &
Equipment Grant for non-sponsored trips and/or capital equipment as revised on March 30, 2004. Services shall be provided
and equipment, including vehicles, will be utilized through a coordinated transportation system which has a Memorandum of
Agreement in effect, as set forth in Chapter 427, Florida Statutes and Rule 41-2, Florida Administrative Code. Trips shall be
purchased at the rates indicated in the approved service plan pursuant to Rule 4 I -2, Florida Administrative Code. Capital
equipment will consist of:
NONE
SPECIAL CONSrDERA TIONS BY GRANTEE:
l. All project equipment or vehicles shall meet or exceed the applicable criteria set forth in the Florida Department of
Transportation's Guidelines for Acquiring Vehicles on file with the Commission on July I, 2000 or criteria set forth by
any other federal, state, or local government agency.
SPECIAL CONSIDERATIONS BY COMMISSION:
Agenda Item No. 1684
Trip & Equipment Grant Agreement 200412005 June 8, 2004
Form Rev. 03/30,04 Page 18 of20l€kiOf 22
.,.-, FM/JOB NO(S). 20724618401/20724638401
CONTRACT NO.
AGREEMENT DATE
EXHIBIT "B"
PROJECT BUDGET AND CASH FLOW
This exhibit forms an integral part of that certain Grant Agreement between the Florida Commission for the Transportation
Disadvantaged and Collier County Board of Co un tv Commissioners. 3301 East Tamiami TraiL Naoles. FL 34112 .
I. PROJECT COST:
Estimated Project Cost shall conform to those eligible Costs as indicated by Chapter 427, Florida Statutes, Rule 41-2,
Florida Administrative Code, the most current Commission policies and the Application and Policy Manual for the Trip
& Equipment Grant for non-sponsored trips and/or capital equipment as revised on March 30, 2004. Trips shall be
purchased at the rates indicated in the approved service plan pursuant to Rule 41-2, Florida Administrative Code.
Non-sponsored Trips S591,078.00
Voluntary Dollar $ 203.00
- TOTAL S59l,281.00
II. SOURCE OF FU~DS:
Commission for the Transportation
Disadvantaged State Funds (no more
than 90%) $531.971.00
Local Cash Funds S 59.108.00
Voluntary Dollar Contributions S 183.00
Monetary Value ofIn-Kind Match S 19.00
Total Project Cost $ 591.281.00
III. DISBURSEMENT SCHEDULE OF COMMISSION (State) FU~DS ( $ divided by 1000)
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
FY 04/05 44.348 44.346 44.346 44.346 44.346 44.346 44.346 44.346 44.346 44.346 44.346 44.346
FY 05/06
".,,-
Agenda Item No. 1684
Trip & Equipment Grant Agreement 2004/2005 June 8, 2004
Form Rev. 03/30/04 Page 19 of 202~gf 22
'.._--~~"- --," -;-.-"" --
FM/JOB NO(S). 20724618401/20724638401
CONTRACT NO.
AGREEMENT DATE
EXHIBIT "e"
TRIPIEQUIPMENT
This exhibit forms an integral part of that certain Grant Agreement between the Florida Commission for the Transportation
Disadvantaged and Collier County Board of County Commissioners. 3301 East Tamiami Trail. Naples. FL 34112
THE GRANTEE SHALL RETAIN AND/OR SUBMIT THE FOLLOWING REQUIRED DOCUMENTS AND
CERTIFICATIONS:
DOCUMENTS:
Submit copy of financial reporting packages of audits prepared in accordance with Section 215.97, Florida Statutes,
and applicable Rules of the Auditor General to:
Commission for the Transportation Disadvantaged State of Florida Auditor General
605 Suwannee Street, MS-49 Room 574, Claude Pepper Building
Tallahassee, FL 32399-0450 III West Madison Street
Tallahassee, FL 32302-1450
Submit invoices for goods and services, with detailed supporting documentation, in detail sufficient for a proper pre-
audit and post-audit thereof.
Retain, and upon request, submit drivers' manifests, with supporting detailed documentation, in detail sufficient for a
proper pre-audit and post-audit thereof.
CERTIFICATIONS:
Certification of Equivalent Service in accordance with the Commission's policy on the acquisition of vehicles as it
pertains to the Americans with Disabilities Act, as amended. Said certification shall accompany any reimbursement
request for vehicles and shall use the Commission approved format.
THIRD PARTY CONTRACTS: The Grantee must certify to all third party contracts pursuant to Section 12.10 except that
written approval is hereby granted for:
1. Contracts furnishing contractual services or commodities from a valid State or inter-governmental contract
including the Memorandum of Agreement and Transportation Disadvantaged Service Plan as set forth in
section 287.042(2), Florida Statutes.
2. Contracts furnishing contractual services or commodities for an amount less than Category II as set forth in
section 287.017(1 )(b), Florida Statutes.
3. Contracts for consultant services for an amount less than Category I as set forth in section 287.0l7(1)(a),
Florida Statutes.
Agenda Item No. 1684
Trip & Equipment Grant Agreement 2004/2005 June 8, 2004
Form Rev. 03/30/04 Page 20 of20~l{)f 22
......-...
Executive Summary
A resolution of the Collier County Board of County Commissioners (BCC) endorsing the 2004
membership apportionment plan of the Collier County Metropolitan Planning Organization
OBJECTIVE: To approve the attached 2004 MPO appOltionment plan and supporting resolution
as required for Governor approval of the plan.
CONSIDERATIONS: In accordance with Title 23 United States Code (U.S.c.) Section 134 (b),
Part 23 Code of the Federal Register (C.F.R.) Section 450.306 and Florida Statutes (F.S.), Section
339.175 (2) and Section 311, the Governor of Florida is required to review the membership
composition of the Metropolitan Planning Organization (MPO) in conjunction with the decennial
census to ensure that the established MPO structure is consistent wiLh federal and state requirements.
On March 22, 2004, the MPO received correspondence from Florida Department of Transportation
(FOOT) indicating that the Governor had accepted their recommendation that the MPOs in Collier
and Lee County be redesignated as separate MPOs with the agreement to develop and implement the
specific processes and products outlined in the Interlocal coordination agreement and request that the
MPO submit a membership apportionment plan, Boundary map, and supporting resolutions no later
than June 30, 2004.
On May 14, 2004 the MPO Board unanimously adopted the 2004 apportionment plan that
,,-- recommends adding a member of the Everglade City Council to the voting membership of the MPO.
The apportionment plan outlines the methodology used to justify adding Everglades City and
maintaining the current number of voting members for Collier County (5), City of Naples (2) and
Marco Island (1).
Upon receipt of endorsements from the local jurisdictions the 2004 Reapportionment Plan will be
submitted to the Governor for review.
Upon notice that the Governor's Office will approve the proposed reapportionment plan, the MPO
will have sixty (60) days to adopt a new Interlocal agreement.
FISCAL IMP ACT: There is no fiscal impact associated with this amendment.
GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with
this item.
RECOMMENDATION: That the Board adopt the attached resolution, which endorses the MPO's
2004 apportionment plan.
..-
Agenda Item No. 1685
June 8, 2004
1 of 16
--.. ""_'e> "'~''''''''''''''"_~'''''~._''''_M''''''',,'',j " .. -_"">k"_"~'~~~' """"'". -'-'~'-_.-"~
COLLIER COUNTY
_. SOAR.D OF COUNTY COMM!SStON:::RS
Item Number 1685
Item Summary A resoluTion of thE~ CO:::E:r County' 8D.ard of Ca:;::!y Corr:rnissionHfs (Bee)
er;dor;inf) thH 2004 I'TIHl'TltH~r:;hip apportionm€;nt Df thH CD!!iHr County
Metropoiitan Planning Organizat:::m.
Meeting Date 6!8/2004 9:00:00 AM
Prepared By
J~lnr;ny Limb,~u\lh MPO Director Oat8
TnH1~!:'lI.'rtjof! SerViCli$ Transportation Pk~nnin'J 5i11!2GiJ4 iCUB::l5 AM
Approved By
Dona;:! L Scott Tran:spGrtatj::-n Planning Dire.:wr Dati:
Tr<lf1Spc<rtlon Ser.ri~t'5 Trar;:spGrtatitH1 Planning 512.;:2004 2: ~J PM
Approved By
Jdf Klaui>:ow ASS!,;t::ll:t COlir.ty Atto!1:'-'Y tJ3.tf:
CO~Jr:ty Managr,'-s Off::::!! CO,Jr:ty Atl:fsrn!lY Offic!! 5!2Si2U!l4 4:28 PM
Approved By
~,h)r;n E. F~d~f. A~CP Trar:s;x,rtMi,)fl Oh.dl>i(m Admir:istrat<'lf O"t..,
Tr<1r:sp<'lftiml S<lnij,~..,,,, T !.an~~lort.~th){; S~rv~(;~S A:..~(nh":. S.r1fji~OO41::1/.AM
_.
Approved By
Di,me Perryman E)(~cutive Secretary Date
T~:"lr:$}lOftion Sel"'y'lces T r'-1r:s;Jortatiol'l Serv;c",> ;<\drr:;r:. 5125!2{){f,j ~2:G5 PM
Approved By
Pat L"hnt1;3rd Administrative Assistant O~te
CCUf1ty Manager's OffEce Office of Mar,agf>mel'! & Bl.:dget ~/25f2004 3:::J3 PM
Approved By
Mk:h~1ei Smy;S;owsk~ M.:m,1gm'Mnt & Budg!lt Din,'ctor Ol::t0
County M,1nager'!; Off tee t.'\ftk!l of Man,1g!!ment .& Bl;dget S!2B!20{}4 1:44 "'M
Approved By
.Ji.l:l~~S v. Ml:dd C!;:.mty ~"'!.~nag6F' D,~t\1
BOi.lrd ,~f CO\:flty
c....~m,ni$sj...~rJ~~.$ CCUf1t)' Manager's Offic!l 5:;) 1!20D4 2: 5!l PM
,--,
Agenda Item No. 16B5
June 8, 2004
2 of 16
.-,~- .-- . -. --", """",~ -.
Collier County
Metropolitan Planning Organization
2004 Apportionment Plan
Prepared for
Collier County
Metropolitan Planning Organization
2675 South Horseshoe Drive
Naples, Florida 34104
Prepared by
Carter & Burgess
8875 Hidden River Parkway, Suite 300
Tampa, Florida 33637
(813) 975-7241
This document was approved and adopted by the
Collier County Metropolitan Planning Organization on
May 14,2004
Agenda Item No. 1685
June 8, 2004
3 of 16
-
Preface
Tn accordance with Title 23 United States Code (US C) Section 134 (b), Part 23 Code of
the Federal Register (CFR) Section 450.306 and Florida Statutes (FS), Section 339.175
(1), the Governor of Florida is required to review the membership composition of the
Metropolitan Planning Organization (MPO) to ensure that the established MPO structure
is consistent with federal and state requirements.
While updating the membership composition of the MPO may occur during any time
member jurisdictions feel that it is prudent, regular updates are required at the completion
of the decennial census. With the availability of new population numbers for Collier
County, the Collier County MPO has begun the process of examining its membership
structure through the update of its 2004 Apportionment Plan. In addition to the regular
update of the Collier County Apportionment Plan, the city of Everglades City has
rcquesteu to have a representative on the MPO Boaru. This update of the Apportionment
Plan considers this request.
In ~ay 2004, a draft apportionment plan was presented to the participating jurisdictions
-_. in Collier County jurisdictions as well as the MPO's Technical Advisory Committee and
Citizen Advisory Committee, before being presented to the MPO Board for approval.
The Collier County Metropolitan Planning Organization Apportionment Plan was
recommended for approval by the ~PO's Technical Advisory Committee and Citizen
Advisory Committee, and was approved by the MPO on May 14,2004 for submission to
the Collier County Board of County Commissioners, Naples City Council, Marco Island
City Council, Everglades City Council, and Seminole Tribal Council for endorsement.
Upon receipt of endorsements from the local jurisdictions and affirmation by the MPO,
the 2004 Apportionment Plan will be submitted to the Governor for review.
.-
Agenda Item No. 1685
June 8, 2004
4 of 16
--... --. ,","... ...._-- ~__'__._'n
Collier County Metropolitan Planning Organization
2004 Apportionment Plan
Table of Contents
Page
Authorizi ng Resol ution .......... ......... ....... ........ ............. ....... .... ....... .... ......... ....... 4
Backgrou nd ... ... ........ ..... .......... ........... ...... ... .... ....... .......... ........ .......... .......... ...... 5
Current Mem bersh i p.......................................................................................... 6
Countywide Apportionment Standards .......................................................... 6
Plan Elements ................................ .................................... ................................ 7
Apportionment Recommendations ................................................................ 11
Figure 1: Collier County MPO Boundary and Jurisdictions ........................... 7
Table 1: Population Summary and Distribution (1997, 2000, 2003)............... 8
Table 2: 2000/2003 Population Percentage and Member Distribution......... 12
Appendix A
Minutes from MPO Board Meeting (date) authorizing the Proposed
Apportionment Plan ............ ........................... ..... ............................................ 13
Appendix B
Resolutions or Motions from Member Governments Endorsing the
Proposed Apportionment Plan ....................................................................... 13
Agenda Item No. 1685
Jur I~ B, 2004
Collier County MPO Apportionment Plan Pagpof 16
May 14, 2004
,-
Resolution 2004-X
Collier County
Metropolitan Planning Organization
ow'-_
,,-,
Agenda Item No. 1685
- JUllt~ 6, 2004
Collier County MPO Apportionment Plan pafl1Jdf 16
May 14, 2004
-, ---..,.. ...~-' . _._..
"'-'-"'--~ -...--
4
Collier County Metropolitan Planning Organization
2004 Apportionment Plan
Background
Pursuant to Section 339.175 (3), Florida Statutes, the Governor of the State of
Florida must review the composition of each MPO in conjunction with the
decennial census to ensure that the MPO structure is consistent with federal and
state requirements.
The Naples Metropolitan Planning Organization was first designated in 1982 and
consisted of the central city of Naples and the surrounding well populated
unincorporated area of Collier County. The City of Naples population in 1980
was 17.581 while the 1980 urbanized area had a population of 53,743. The 1982
.MPO consisted of two members of the Naples City Council, and three members
of the Collier County Board of County Commissioners, one of which was a
Commissioner elected from Commission District 4 (made up predominantly of
City of Naples residents). This five-member MPO functioned for over ten years
until population growth in the unincorporated area resulted in a need to reevaluate
the membership distribution of the MPO Board.
Between 1980 and 1990 Collier County grew forty-four percent (44%), while the
State grew by approximately thirty-three percent (33%). As the County's central
city, the City of Naples int1uence in the area of transportation extends beyond
population statistics to areas of commercial and service employment, recreational
opportunities, and healthcare facilities. Although the City of Naples had only
12.82% of the County's 1990 population. the City of Naples has a major role in
the coordination of countywide transportation activities, including ownership and
operational maintenance of the Municipal ~aplcs Airport Park.
On June 12, 1992. the Naples Metropolitan Planning Organization approved a
apportionment plan that increased the MPO membership from five (5) to seven
(7) members, with the two (2) new members being the remaining County
Commissioners. The MPO agreed unanimously to extend its Metropolitan
Planning Area Boundary to include the entire County. In doing this, the MPO
incorporated the City of Everglades into the MPO planning process. Due, in part,
to the fact that the City of Everglades has only a fractional percent of the
County's population, representation on the MPO has been provided through the
County Commissioner from the district ep.compassing Everglades City.
On August 28, 1 997 Marco Island officially became Collier County and Florida's
newest city. On September 23. 1997, the .MPO received instructions from the
Florida Department of Transportation (FOOT) on how to proceed with the
Agenda Item No. 1685
JUl1t~ B, 2004
Collier County MPO Apportionment Plan Pa!iedf 16
May 14, 2004
,.,.",-
development of a plan to reapportion the membership of the MPO upon a request
for membership from the City of Marco Island.
Current Membership
On March 23, 1998 the City of Marco Island petitioned the Naples-Collier County
YlPO for membership in the MPO, resulting in a redesignation of the MPO
membership to eight (8)voting members. The current eight (8) member structure
includes five (5) member from the Collier County Board of County
Commissioners, two (2) members from the City of Naples City Council, one (1)
member from the City of Marco Island City Council plus one (1) non-voting
member from the Florida Department of Transportation (FOOT).
Countywide Apportionment Standards
The Naples-Collier County Metropolitan Planning Organization (MPO) has
followed the standards as provided by the Governor and in accordance with
procedures found in Chapter 2, "Metropolitan Planning Organization Formation
ami Modifi<.:ation," from the FOOT Office of Poli<.:y Planning (OPP) MPO
Administrative Handbook (October 1 loI, 20(2). The Collier County Metropolitan
Planning Organization has developed a apportionment plan that adequately
represents all the urbanized and non-urbanized areas of the county, including all
.- incorporated municipalities.
This apportionment plan has been developed according to the following
standards:
. Fulfills the requirements of Florida Statutes Section 339.175 (2);
. Representation on the MPO is based on local area socio-economic
c haracteri sti c s;
. Population estimates are derived from the U.S. Census Bureau and
Collier County Geographic Information Systems (GIS) analysis;
. All parts of the Naples Metropolitan Statistical Area (MSA)(Collier County)
are geographically represented; and
. The City of Everglades and tribal reservation lands are represented by a
District County Commissioner.
..-
Agenda Item No. 1685
Collier County MPO Apportionment Pfan JUlIl:: B, 2004
Paflladf 16
May 14, 2004
_.- ..- _....""."-~ -.....,-- ---
Figure 1
I ncorporated Areas
Collier County, Florida
N Major RoCKls
B City Limits
County Boundary
CR 858
(JJ
:II
'"
..,
CITY OF
MARCO ISLAND
Cl> 1
,
2 0 2 4. Miles
n b..........d
Source: Cdlier County GIS
Collier County MPO Boundary and Jurisdictions
Agenda Item No. 1685
JUII~ ~, 2004
CoJlier County MPO Apportionment Plan Pa~16
May 14, 2004
.-
Plan Elements
Collier County
Collier County, also known as the Naples Metropolitan Statistical Area (MSA), is
located along Southwest Florida's tropical Gulf Coast. Easily accessible via a well
defined network of state and local roadways and a growing Southwest Florida
International Airport hub, Collier County and its municipalities provide an
exceptional atmosphere for business expansion and development, an exciting and
sophisticated tourism industry, and a growing workforce to meet the changing
demands of the community.
With a total area of 2,305 square miles, and a land area of 2,025 square miles,
Collier County's population strives to live in harmony with an environment of
awesome beauty.
Between 1997 and 2000, Collier County's permanent population is estimated to
have increased by 48,264 persons reaching a population of 251,377. An estimated
292,138 persons were permanent residents of Collier County in 2003 - an
increase of 16% in just 3 years. Of the total, 215,043 and 253,586 persons lived in
the unincorporated portions of the County in 2000 and 2003, with growth
- continuing at an annual rate of approximately 5%.
As shown in Table 1, unincorporated Collier County continues to have the highest
percentage of population in comparison to, and is growing faster than, the cities of
Collier County. While not shown in the table below, 185 residents of Collier
County considered themselves to be a member of, or descendent from, the
Seminole Tribe, in whole or part, in the U.S. Census 2000 count. These include
the Miccosukee and Immokalee.
Table 1
Population Summary and Distribution (1997, 2000, 2003)
_.
Agenda Item No. 1685
Collier County MPO Apportionment Plan Jurlt:: B, 2004
P403df 16
May 14, 2004
_. .- -..~.- _.,----"""~~-
Jurisdiction 1997 Population 2000 Population 2003 Population
Estimate Estimate
Collier County 168,130 82.78% 215,043 I 85.55% 253,586 86.80%
I
i
City of Naples 21,322 10.50% 20,976 I 8.34% 22,375 7.66%
City of Marco 13,114 6.46% 14,879 ! 5.92% 15,655 5.36%
Island
Everglades City 547 0.26% 479 0.19% 523 0.18%
TOTAL 203,113 100% 251,377 100% 292,138 100%
i
Source: Collier County Comprehensive Planning Section, Collier County Permanent Population Estimates
and Projections, April Estimates, September 2003
City of Naples
The City of Naples is located on the Gulf of Mexico at the southwestern tip of the
Florida peninsula. Naples is the largest of the three incorporated cities in Collier
County. The City encompasses approximately 9.870 acres or nearly 15.42 square
miles of land area. The City encompasses only seven percent (7%) of the entire
county land area. Based on u.s. Census Bureau counts, the population of the City
of Naples was 20, 976 persons in 2000 - a decrease of almost 2% from 1997
estimates. The 2003 population for the City of Naples is estimated at 22,375
persons - or 6% growth from 2000.
The City includes an extensive canal system and other water bodies including
~aples bay. the Gordon River and the Gulf of Mexico. In the 1880's early settlers
built a pier into the Gulf for boat docking. The Naples pier was the focal point of
early development primarily because it was the only means of transportation prior
to the completion of the railroad and the Tamiami Trail in the 1920' s. The pier
remains one of the most well known landmarks in the area and is visited by
tourists, fishermen, and residents.
~aples has historically been a resort and retirement community surrounded by
agricultural development and environmentally sensitive conservation areas.
The City of Naples has a Council-Manager form of government with the city's
registered voters electing a mayor and six (6) Council members. Elections are
nonpartisan and council members are elected at large. The City Council appoints
a city manager as the chief executive officer who directs the business of the city
and its various departments.
As the County's central city, the City's influence in the area of transportation
extends beyond population statistics to areas of commercial and service
Agenda Item No. 1685
JUIlt~ 8, 2004
Collier County MPO Apportionment Plan P~gedf 16
May 14, 2004
,,-
employment, recreational opportunities, and healthcare facHities. The City of
~aples plays a major role in the coordination of countywide transportation
activities, including ownership and operational maintenance of the Municipal
Naples Airport Park.
City Hall is located at 735 8th Street South, Naples, Florida 33940.
City of Marco Island
Marco Island is the largest (6,000 acres) and most northerly island in the Ten
Thousand Island chain that extends to Key West. It is 16 miles south of Naples
and 104 miles west of Miami. Marco Island's history stretches far into the past -
perhaps 5,000 years - and falls into four distinct time frames: the Calusa Indians
and their predecessors, the pioneer era, the Oeltona Corporation period, and the
modem community of today. On August 28, 1997 Marco Island officially became
Collier County's newest city.
Man:o Island has experienced dramatic increases in population since 1980.
Between 19~W and 1990, the permanent population of Marco Island increased
102% from 4,679 persons to 9,493. By 2000, the population of Marco Island was
-. 14,879 persons - or an increase of over 56% in ten years (1990-2000) and 13%
between 1997 and 2000. According to County Comprehensive Planning staff, in
cooperation with the City of Marco Island, the 2003 population of Marco Island is
estimated at 15,655 persons, growing at just over 5% per year after 2000.
Marco Island is a residential community and tourist destination. The island's
population more than doubles during the winter months when seasonal residents
return to their winter homes. Services associated with both the tourist and
seasonal resident population are located on the island, along with community
services needed to serve the permanent population.
In the early 1960' s the Oeltona Corporation planned the development of the
Marco Island and the established roadway network. Since then, the network has
changed little. Given the limited land area, there are few opportunities to construct
new roads or realign existing roadways on the island.
Marco Island has 383 roads equal to approximately a total of 115 linear miles.
There are 24 miles of roads that function as arterials, collectors, and local
collectors. The remaining 91 miles of roads are local community streets where the
daily traffic volumes do not usually exceed 1,000 cars per day.
Marco Island City Hall is located 1280 San Marco Road, Marco Island, Florida
34145.
-
Agenda Item No. 1685
JUI1t::l B, 2004
Collier County MPO Apportionment Plan Pag~ tif 16
May 14, 2004
,---. _..,-_..,,-""_...._..~- m"'.' -._~~ -,-- _._---
.
Everglades City
Everglades City, also known as the "City of Mangroves," was carved out of the
Florida Wilderness for the purpose of building the Tamiami Trail and became the
original County seat for Collier County. The Everglades area is rich with the
history of those early pioneer days and was instrumental in the development of
Collier County.
Everglades City is a community of 76g acres, or approximately 1.2 square miles
in area. The city is surrounded by waterways- the Barron River to the west and
north, Lake Placid Waterway to the east, and Chokoloskee Bay to the south. The
City of Everglades 1997 population was estimated at 547 persons - declining to
479 in 2000, a 12% decrease.
The outer perimeter of the city, adjacent to the waterway, is characterized by
mangrove wetlands. The center of the city, actually an island, was artificially
elevated during the 1920' s through dredge and fill operations of the Collier
Company. Existing development in the city is concentrated on the filled land and
consists primarily of residential use and secondary commercial and public uses.
Everglades City became a city because of the commercial and social activity
associated with the construction of the Trail and early pioneer logging. The only
major transportation route in Everglades City is County Road 29 (C.R. 29). It
traverses the City, connecting it to the south with Plantation and Chokoloskee
Islands and to the north with U.S. Highway 41 (Tamiami Trail). The streets that
serve the City were laid out when Barron G. Collier, Sf. planned the City during
the 1920' s. Broadway Street and Copeland A venue, designed as the main
roadways, are wide boulevards divided by grassy medians. The streets intersect at
the center of the community in a traffic circle.
City Hall is located at 207 Broadway, Everglades City, Florida 34139.
Apportionment Recommendations
The purpose of this plan is to provide backgrour.J and documentation for the MPO Board
to adopt a resolution to add a representative from Everglades City. As shown in Table 2,
the recommended distribution of members would include five (5) representatives from
the Collier County Board of Commissioners. two (2) representatives from the City of
Naples City Council, one (1) representative frem L'1e City of Marco Island City Council,
one (1) representative [rom the Everglades City City Council and one (1) non-voting
representative from the Florida Department of Transportation (FOOT).
As the County's central city, the City of !'\aples transportation influence extends beyond
population statistics to areas of commercial and service employment, recreational
opportunities, and healthcare facilities. The City of Naples also plays a major role in the
Agenda Item No. 1685
JUIIt:l 8,.2004
Collier County MPO Apportionment Plan Pag~ bt 16
May 14, 2004
.-
coordination of countywide transportation activities, including ownership and operational
maintenance of the Municipal Naples Airport Park. Despite its decreasing share of county
population, it is recommended that the City of Naples retain two (2) representatives on
the MPO Board.
It is recommended that Everglades City be represented by a member of the city council
for two (2) reasons. First, it is the only incorporated area in Collier County that is not
currently represented and secondly, adding a 9th representative to the MPO Board will
allow decisions to be made by majority vote.
Table 2
2000/2003 Population Percentage and Member Distribution
Voting 2000 Population 2003 Population Representation I Distribution of
Members Estimate , Representation
Collier i
County 215,043 85.55% 253,586 I 86.80% 5 Voting I 55.6%
Board of County
Commissioners
City of
Naples 20,976 8.34% 22,375 7.66% 2 Voting 22.2%
- City Council
City of
Marco 14,879 5.92% 15,655 5.36% 1 Voting 11.1%
Island
City Council I
Everglades
City 479 0.19% 523 0.18% 1 Voting 11.1%
City Council
Non-Voting 1 Non-Voting 0.0%
FOOT
TOTAL 251,377 100% 292,138 100% 9 Voting/ 100.0%
1 Non-Voting
..-
Agenda Item No. 1685
Collier County MPO Apportionment Plan JUIIl::l 8, 2004
Pag4 Of 16
May 14, 2004
~._~, ,~ -". .--'-.
Supporting Documentation
Attachment A Minutes from MPO Board Meeting May 14, 2004 authorizing the
Proposed Apportionment Plan
Attachment B Resolutions or Motions from Member Governments Endorsing the
Proposed Apportionment Plan
City of Marco Island, Florida
City of Naples, Florida
Everglades City, Florida
Agenda Item No. 1685
JUIIt: ~, lOO4
Collier County MPO Apportionment Plan Pag~ Of 16
May 14, 2004
RESOl.UI10N NO. QoL......"".._.........
A RESO'LlJ'1'10N" OF nm 1l0t\RP 01' C()ljNTY COMMfSS10Nlms. COLLiER
COUNTY. P!.ORillA. 1,,~l){)RSJNG THE 2U04 MEMBERSHIP
,-. R.EAPPORl'lONMf~NI PLAN OP THf'. COU-IER COUNTY MHI'ROPOLITi\N
!>LANNING O~OANIZATION.
WHEREAS, lh., ""\.l'ltt\~ mt.'11~1:~r~llil'! of lh~ C<Jllillr C;<ltllll:f MClmpolllnn Pt""ning
Ot'g...i~ll4l'l!l. lli'reiI1Zne:' .'MPO." cUlTCntly is I.mJ(~ Ill' or ~lec~1 rcprcse!llmi"c~ ill' ColHi:<r
Ci1llIII)i a.nd lhll lr.~(l111(lrnlCd c;lic:o of N;lpks :lllU MI\R~ 1~IMd: :lIld
....'1.ffiREAS, !b~ MilO Il C\1m\1li5ed of eight (8) liCiting 1J\IlIllOOfl', illCludin~ OIl<: (I> mt:llloor
I:mm Marco Island City COlm~,il. twrJ tl) U1emhet~ 11\)111 the N;lp~S C1ly C~)lllldl, Il!ltllhc (~)
nlt~ml>efl> from the UOl:nl of Collier Cl)UI1lY Commi",.;oncr,;; and
\\'l-lf..RHA!\. nwrglllde:o City i! the (lnll' 1~~llJ govr.rnmclll within lhe MPO "HI ClIfH:nlly
n~pre$entcd on the MPO Boord: LIlld
WHEREAS.l!vcrgt,u!c-<l Cil)'. by lellcr di\l(d lJeccmbcr :za,2t;(ll,I(ll~ Ml'(J. 11:1$ reljuc~'"
vllllllg mcmberl;tl'p II: ,he MI'O; and
WHF.RI1,\$, ill a..-.:ordunce ",u!l Florida Stal\ll~~ Seclinn :1:W.175 ltnd icd~'l,l rule,; and
tt<tlIJloli(lR~. the Or>....erl1(>!' '11' f>1tlrid~ .i~ rcquil\..d III l'Cview the m~'mNr&hip \.'rllrl[l<l.,;iltOll (If (hi!
Mf'<) Ie) !!t\SUll: that the :'-'Ilahlislll:,t MP() >;tru~1mc is C(lns,~tCnl with kllN.i mill ';I<lle
u:quii'lll114lnIS Olnd 1'Cgl\l3Iion~: and
W HERE!AS. it ;;PP"A"lN fn>m lh~ 1~'lwi.i(Jn~ (,I FlQrida SIIlIlU"s SC~~li,)l) :~:W. 17~ tha',
Evcrglm1.;s Cily is d!~ril>lc for '.uch mt~lt\hc,p.;\ip: ,mtl
WHEREAS, the MPO 11t:vch-'ll<:J U ri'ltppCltjlmrncnt plan Ihut was nWllrrma:rilkd l1y its
Technical Auvjl<Ory ('OlllllltW,e Rnd Cili2CIlS ,\dvi..tll) Cllmnittx; aml
WI.mHr:AS, the 2004 MP!) R~n!'l'<1\1j"rHf~ln( Plnn t\.'C<Jgni1.<lS Ihe (.'C"",,mk, communily
chnfSlc(U, and h,s((mc impiln~nc~ ,if E.cr!;l;l<k~ City; and
WI'lt~RP.AS, ~w Collier MPO Ul1ilnil1ll>u,ly :lPillowd (ht' lkvclf!pm~llt of 1I rlll'PI)C)rliollll1cM
I'J:W IV add Evcrglndu City a~ a vOlintl lllf.mMeI'.
,.- NOW. THHRf>FORI.:. He rr RllSOL YED by the n",ml of C,Jliic::r CounlY CQlllmi,,'lioner:;:
SfiCTION L Tlml lh~ n<~tr;j of Collier (\,unly Commis~i'm(:r:; :wl\,hy ("ll.l<ll~'; Ihe
2.(JO.'1 Rt'..jlp()l1iOlllrU':l1I I'hm 01 lh~ Collier County M<ltr<.',)C)lil:m rl;mlliflg O.ganizntinn. which
I'ru~iu~'l) I'M!t>e MI'O mcmh~,,1:lhip II) include (ll\I' (I) member \)f II,e Evergfndc~ Cil)' CtlLtClcil. ~mt'
(I) :tlember III the M~rco lsl:md City CO\lm~il. [\"0 en ll'Iemhe.s cl (he Napk\,~ Cily C(H.il1cil. ,IUd
(i "\~ (:I) (\~\Ii\'r County C\\mmis.~i,)ncn;.
SECTION 2. Thl\' fhl~ R~s<lhrti(>" ,halt ~~lt:l~ l'rk...til\ll\~lhalcly UpOIl adoyltion.
This RrsQlution aooj)tl'd after m\~i,u" Il<:CllIlU alld !1);jj~Jrity VOle I aVrJril1g '!U1ll) this
~^_dllY "f . 211(~'1.
ATTEST:
DWIGIIT [<" BROCK, Cierk BOARD OF COU1\'TY COMfo,.t1SSlnNERS,
COLUER COllNTY, J'!.ORlDA
BY' ..............u_.......~..........__.....u.................. f{)':", ',?',W,',.....
1 . f.)~fl\llV Clerk Pt)l\l\ll rial:l. ChailnWJI
~ .
:\PJlf(,t' . . ~t~fh;~II'.>':
" ~ ..; .2:;wmww
.'\~~ ~'NU:Y l\ttl.'mey
. \
J
~.__.
Agenda Item No. 1685
June 8, 2004
16 of 16
-- _..e_n ,-..'" -
.
f
--..-.
EXECUTIVE SUMMARY
Approve a Grant of Utility Easement from Collier County to Florida Power & Lpt Company which
is required for the purpose of relocating electrical service at Collier County EMS Station No. 12 (near
the Collier County Fairgrounds) as part of the Immokalee Road four-Ianing Project No. 60018.
Filcal impact: $15.50.
OBJECTIVE: To obtain the Board of County Commissioners approval of a Grant of Utility Easement for
the purpose of relocating both overhead and underground electric service feeds at Collier County EMS.
CONSIDERATION: The expansion of lmmokalee Road from two lanes to four lanes from Collier
Boulevard to 43rd Avenue NE, required the construction of 11 separate stormwater detention and treatment.
ponds. Construction of the northernmost pond, Pond Site No. ll, situated adjacent to the outfall canal, to
the rear of the EMS station, required the re-routing of electrical service to the EMS station. Florida Power
and Light Company (FPL) was most cooperative, and hali in fact already relocated the electrical feed
supplying power to EMS Station No. 12. FPL simply requests that Collier County grant an easement after-
the-fact for the record.
FISCAL IMPACT: The Grant of Utility Easement will be recorded in the public records at a total cost
,...-, of $15.50 in recording fees. Funds are available in FY 04 l:3udget. Source of funds are Gas Tax and Impact
fees from Project No. 60018.
GROWTH MANAGEMENT: The recommendation is consistent with the Transportation Element of the
County's Comprehensive Plan.
RECOMMENDATION: That the Board of Counry Commissioners of Collier County:
1. Approve and authorize the Chairman of the Board of County Commissioners to execute the Grant of
Utility Easement.
2. Authorize Staff to record the Grant of Utility Easement in the Public Records of Collier County,
Rorida.
.-
Agenda Item 1686
June 8, .2004
1 of 5
,.-..--..., '''"''....e'''_.',..ti ,.-..,..,-"..,.-., ,,-"''''''~'''-
COLLIER COUNTY
,,- BOARD OF COUNTY COMMISSIONF.,RS
Item Number 1f.i86
Item Summary ApprovE": c; Grant ot Utih~..,. Easement ficm CclHer County tf) Florida Pow~~r .&
Liq:l! Company w:iic:h is ff:q:Jlr'3C tor t!if~ pur;.x:.se c.f reiccatin-;J d'3ctr:cal :-;fH'\'j.y:
c1t Cf~lIier County EMS Stat:on No ~ 2 (near the Co!ii~r Cr.a;n,,:*' Fairgrounds) as
pC.;r 0: the !mmc~;al"" R(Jad :cur-iaDing Prf'Ject No, f!GOHl. Fis<:al impa<:t:
S15.[~Q
Meeting Date 6/8/2004 9:nO'uO AM
Prepared By
She.., F;e<,;~! P'(~p~rt~; Aequi!iiti<;u $ptli;io:,st, Date
Transpo-rt:Or: S~r"Y"!1: €os ~!::CM,ROW 5/11/2004 1C::C:l:C5 AM
Approved By
~;hrHv;~ N~wm~n I....;;;r;;;m:ng SUpi,.~r;l::-')r On!"
T:"l?nsr;{,;.~ti0n 3f.H"w:C~n y rq.;~$vv~t::lt;'!'J.u Al.im;n;~~!~t.;r;;'l 5:~1:zcn4 /.. t3 PM
Approved By
Usa Taylor Mc}r:i:l~~m~nt!B:.Jd~vt An3:yst D::st<:!
Tr3nspC:1;;';.'., Sc>rv;CClS Tr3r:sport-3ti<Jn Adir!;n;~t?'3t~on 5125i200t. 5~Z1 t5M
Approved By
: !'3:~s.por~~?:l{1n En~in:~~r:!,!~j
G;-~99 H, $tr~k~:ust1 Cnl'l;c;tful.:til.~~ Mgm! Di;eGt~r Ont',
Tr~n~.~(Jf:.q:.:.;)n r.nt<i~;'J-~r:;19 <loud
Tr3nspcrti,:,,., SC>N'CClS ~;on'$1rUf;.tjl)F; 5/25/20042:4& PM
Approved By
Kf:\':n H{~.'lddr;k$ :~.:gh1 01 l/';~y ~f;qui~:t~nn M3nagf:f OM"
r'r?;;,=j:,;vP.':=!Itlr>nl::nginf!(:!r:fHJ :=!Ind
T~O::l:uspt>rt;cr; .s~rV!c~s ConstflJcttCr. 5;2BmlO~ 12:11 PM
Approved By
l)i~n(:! f:f!~ri..vj~; ~:xe,~uHv(:! ~:ec.r~t:=!lry I)~te
T;~n~~n~rHc;,: S~rv;cp.s Tl'~n~.~nf:;o;:.jon S~~n!s(;~~ A(j;nl:l. ~!2T:?G(JI~ 5::')3 ~M
Approved By
Nom, E. l'"d".., AICF Tr;:~::=~-:.\{:.~:.:on Dil(;~;~'n Adlnin!str~t(;r DC1t~
Tr~nsport:on S~rv';;: .)$ Tr~n'j~..:'na:::on S(O!'liC{-"j. Ad~jn. 5/27:20042:42 PM
Approved By
Pnt L"h"~':;,d A;J.mini~1;r~tjvp' ~SS~$tfll1t Ont"
Cm.mty Mo;;og;;;;)~ Off:c~ om"e d Management & Eh:d(l"t 5i~e:ZCll4 ~./." AM
Approved By
M,~i1<l,d Sm}'k;>wsl<i Mi:1~a~'!m~r:t & S~clg~t Oil"~~t{J{ D~t"
Cct:nry M~n?gp.{s Offic::~ Off:;;., "i M"""g"fn"r>t & El:;Jg<lt i;!l!?(;(!t.~:nAM
Approved By
L ~v ~:, Ochs, .:r. ~~puty {;,punty Manager l)~te
l~c~rd "f Co:mty
Comm;<:j.51onol.:.rs County ManClg""'~ om~e &11 !2004 i;).45 AM
"'.-
Agenda Item 1686
June 8, 2004
2 of 5
_._~.- ~,..'~...-
.'.....,.. -.., ."..--""...'
PROJECT Immokalee Road (Phase 1)
PARCEL: 204
FOLIO: 00209640000
PrePlrtd b,:
Ell... T. Ch.dwll, h4Wlr.
Offlco of the C.Uf1tJ AU.......J
3301 hst 1/11I1..1 Tr.l1
N..lu, FlorIdA 34l1t
(~l 1 174~ GRANT OF UTILITY EASEMENT
This indenture made and executed this _ day of 2004, by and
between COLUER COUNTY, a political subdivision of the State of Florida. (hereinafter referred
to as GRANTOR) and FLORIDA POWER AND LIGHT COMPANY, whose mailing address is
4105 15'" Avenue SW, Naples. Florida 34116, its licensee's, agents. successo,s and assigns
(hereinafter referred to as GRANTEE).
WITNESSETH
That for and in consideration of the sum of Ten Dollars ($10.aO) and other good and
valuable consideration, receipt of which is hereby acknowledged, the GRANTOR hereby grants
to GRANTEE, rts successors or assigns. a non exclusive easement for the construction.
operation and maintenance 01 overhead and underground electric utilrty facilities (including
wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time 10
lime; with the right 10 reconstruct, improve. add to, enlarge, char.ge the voltage, as well as, the
size of and remove such facilities Of any of them within an easement 2Q feet in width over and
through the property as more particularly descnbed cn Exhibit 'A' al1ached hereto and made a
part hereof.
TO HAVE AND TO HOLD the easement hereby granted unto said GRANTEE, its
s~ccessors and assigns. Together WIth the right to permit any other person, firm or corporation
to attach ....ires to any facilities hereunder and lay cable and conduit Within the easement and to
operate the same for communicatIOns ~urposes: the right of ingress and egress to said
premises at all tiMes; the right to clear the land ano keep It cleared of all trees. uf'dergrow1h
a.nd ctrer otSlruc:ions With," the easement area; to trim and cut and keep trimmed and cut all
dead, weak, leaning or dangerous trees or limbs outside of the easement area wh'ch might
in:e~ere With ::>r fail upon the lines or systems of communications or power transmission or
d's:ribution.
GRANTEE. by acceptance of this easement agrees for rlsen, Its successors and assigns,
to maimain said easement and in no way interfere at any time w,th the right of ingress or egress
ot GRANTOR, its SLiccessors and assi>lns, or any other party reqUiring access :0 any of the
property over which said easement is granted. GRANTEE further agrees that It will at all times
use extreme care to restore all grounds to 35 good or bener conoition thar found prior to
conshJctlon, mair.ten3.nce and repair.
In the event GRAf\TEE. its successors or assigns, shall fail to use ths easement fer the
pJrpose intended, then GRANTEE, its successors or assigns, shall vacate, cancel and annul
S2.IC easement or relevant part thereot.
GRANTOR, its successors or assigr,s, shall upon said vacation, have the right to require
GRANTEE, its successors or assigns, to remove any structure or improvemenls which may
all""t ll,,, US" of th" poperty.
GRANTEE nereby covenants and agrees to IndemOlfy, save, protect and hole harmless
GClANTOR against any loss. damage, injury, debl or expense (including anomey's fees)
claimed or assertec by any person or entity, which claim re'ates to in any way, no matter how
remote. or arises out of GRANTEE'S installation or use 01 GRANTEE'S facilities described
above.
IN WITNESS WHEREOF the GRANTOR has caused these presents to be executed ir. its
name by its Board of County Ccmmissioners aC1ing by the Chairrran of said Board, the day and
year lirst above wrl1ten.
AnEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK COLLIER COUNTY, FLORIDA
BY;
. Deputy Clerk Dcnna Fiala, Chairman
,.~ to tOI"ll . le9al suft1c1tllCl
if ~ ~~___
. ,;;< Isi..t COlIn 1 Attorllel
':t'\... T f'h...,...,11
,
*TF-iIS IS NOT A SURV~Y'"
LN = SEE LINE TABLE
CIi = 5EE CURvE TABLE A
~08 = POINT Of BEGGINNiNG EXHIBIT
pce = POI~T Of COM"'E~CElAENi
Page-L ~.2:::..
,-
LEGAL DESCRIPTION
A FLORIDA POWER AND LIGHT COMPANY UTILITY
EASEMENT LYING IN SECTIONS 11 AND 14, TOWNSHIP
48 SOUTH. RANGE 27 EAST, COLLIER COUNTY FLORIDA
BEING MORE PARTICULARLY DESCRIBED AS FOllOWS:
THE POINT OF COMMENCEMENT BEING THE
NORTHWEST CORNER OF SAID SECTION 14; FROM SAID
POINT A BEARING OF S 88010'34" E, A DISTANCE OF
50.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF
IMMOKALEE ROAD; THENCE ALONG SAID
RIGHT-OF-WAY N 01053'16" E, A DISTANCE OF 26995
FEET TO THE NORTH LINE OF A PARCEL RECORDED IN
OFFICIAL RECORD BOOK 1225, PAGES 2176 THROUGH
2178, COLLIER COUNTY, FLORIDA; THENCE ALONG SAID
NORTH LINE S 88008'24" E, A DISTANCE OF 682.20 FEET
TO THE POINT OF BEGINNING;
THENCE S 02'13'26' W, A DISTANCE OF 45.72 FEET;
THENCE S 15'20'31" E, A DISTANCE OF 203.76 FEET;
THENCE S 15'30'44' E, A DISTANCE OF 179.08 FEET;
THENCE N 74'29'16' E A DISTANCE OF 10.00 FEET;
THENCE N 15'30'44' W A DISTANCE OF 17908 FEET;
THENCE N 15'20'31' W A DISTANCE OF 202.22 FEET;
THENCE N 02'13'26" E A DISTANCE OF 44,24 FEET;
THENCE N 88'08'24" W A DISTANCE OF 10.00 FEET TO
HEREIN SAID POINT OF BEGiNNING;
CONTAINING 4,271 SQUARE=EET OR 0.10 ACRES, MO,~E
OR LESS,
END OF DESCRIPTION.
-,
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COLliER COUNTY FAIRCROU,'WS FLORIDA POWI:.H '" LlGIII
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'*-THiS IS NOT A SURVl Y'" EXH I A
Lf - SEE L1"E TA8L[ IB,! 11
cl ~ SEE CUR\'E f~8LE Page :2 Of ~
POB - POINT OF ~fo.GGlNNING ----.;.
POC ~ POINT OF COt.1..ENCEMENf I
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SECTION '1 SECTlON ,.
:CWriSllF -48 50Ufll I TOWf'ojSHlP 46 SOUTH
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LOCAllOFLORIDA POWER de liGHT UTILITY EASE:MENT SL....CI, SK~ICH 10 ACCOMPA~ DESCRIPTiO~
CCl_IER COUNTY FAIRGROUI>lDS C"'hI, FLORIDA P!)WER 01< LIGHT
D""ON IN IlAIE OLOaAI. IiU'RVIITDlG 01 KAPLII8.!oLe S(Cf1CN .~_~__
Fnrl OJ-25-04 TOWNSHIP 48 5
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PRO..ECT ~ft 1081 COlliER CENTER 'WAY. SUITE: 1 IIWIO[ 27 E
. NAPlES. FlORIDA :14'10
lIliH14S~_'O"2 (2391'9J-52U (219}~93.S3l2FAX P,IG[ I 2 or 2
Executive Summary
---
Recommendation that the Board approve a contract for RFP 04-3585 "Provide and install
Equipment for Real Time Kinematic (RTK) Global Positioning System (GPS) network", project
number 510031, in the total amount of $162,181
Ob1ective: That the Board approve the purchase and installation of a Countywide RTK GPS system
from Florida Level and Transit (FL T)/Leica Geosystems.
Considerations: Road Maintenance Department-Stormwater Section, in an effort to alleviate flooding
problems. is always trying to impruve its ability to predict and control the outcome of rainfall events.
Currently projects are limited by the available technology and economics and are forced to rely on local
survey control data. Due to its age or relative stability there is inherent uncertainty in this local control.
Because of this, the data collected and projects completed to date are isolated "islands". In an effort to
create synergy amongst projects across the entire county, Stormwater division recognizes the need for a
universal standard by which all measured data will be based. A GPS reference network is the logical
choice for future data collection on such a large scale.
The technology proposed would allow for centimeter order precision (both horizontal and
vertical) data available countywide to a GPS rover at a moment's notice. This system will consist of
eight (8) permanent GPS stations at strategically located County facilities. These will be linked together
via the Internet and will broadcast corrections to mobile GPS rover backpack units. The corrections
allow the mobile GPS rover units to calculate their positions. This enables the user to identify his/her
position horizontally and vertically anywhere in Collier County (east of S.R. 29) with accuracy of +/- 2
,-. centimeters.
A request for proposals (RFP 04-3585) was publicly advertised on December 23, 2003. Notices
were sent to 4 firms with 11 firms requesting full packages. Two responses were received by the due
date of January 23, 2004. On February 5, 2004 the appointed Selection Committee met to review the
submitted proposals. Due to the technical nature of the proposals the selection committee requested that
the firms give presentations to further explain their proposals and address the questions/concerns of the
committee. On February 23, 2004 the appointed Selection Committee met and was subjected to
presentations by both mentioned finns. Following the presentations the Selection Committee ranked the
firms for contract negotiations as follows:
1. FL TlLeica Geosystems
2. W oolpertfTrimble Navigation
Negotiations have been successfully concluded with the top ranked firm, FLTlLeica Geosystems in the
amount of $162,181.
Fiscal imDact:
GPS/Communication Equipment: $162,181
Funding is to come from Stormwater Management Section elP Fund 301. Maintenance fees are not
expected to exceed $5,000 for the first year; Funds to come from the Stormwater Administration fund
001.
,-
Growth manae:ement imDact: The purchase of this system will assist the Stormwater S~~tif7n in
completing capital improvement elements of the growth management plan. Agenda Item No. 8
June 8, 2004
1 of 7
-,-",_...,._--- _.~.._._~~"",'" ".,..;u",._~,..'".,.~_ .............-"..'-..,.,..-.... u~,___~" .,
Recommendation: That the Collier County Board of County Commissioners approve the purchase
and installation of a Countywide RTK GPS system from the number one mnked firm of FL TlLeica
Geosystems and authorize the Chairman to sign a standard, County Attorney approved contract.
"J'-'''.~
.-
Agenda Item No. 1687
June 8, 2004
2 of 7
.-
COLLIER COUl\TY
SARD C UNT C MM!S;S! NF.RS
.-
Item Number 168'1
Item Summary Thzt the BC3rd approve a ::o:1tract fcn' RF'P Q4~J.5B5 "Prf.-vide and install
Equ:pm€i:t !,,; R"al rime '<ir,,-,mati.: (Rn~) G!r:tJa! Positicr.ing System (GP~,)
:let'Nork", prcjGct ru.:mber ~.I'!DG31, :n the tota; amcunt of $:62,':81,
Meeting Date 618:20G4 9:QQ:uu ,",M
Prepared By
Oallilll . R,;.;j;'!~ Umd Si.lfveycr Oat"
rri'$n$p!;;:ticn S~H'';;CFiFj. H'.vad M;;'$.;~y.H;l:l,:y ~i1112<)1)4 1(;;;;:U;:;...M
Approved By
SharO:l N*wman f\.;.;-;,;c;unttng Sl;i-iovnd~vr Ont.F}
Tnm spc:tk'f'! s~ r.r:CG S Tf3:1sport:Jt!<m Adm:!1:1tf3t:O:1 5i12::t()04 6:49 f'M
Approved By
Danie; . R~g3" :....:::~:!d S:.ll~'i~y:.)r Date
"f iant'port,;c;; ~i(.H""':C~~ ~n~~ M~:n!*n~:':!;~ 1I24!:i.On..: 4 ~4e PM
Approved By
<;bn V:j~t R6;,d~ M~lil,tlP.!nt:~c~ Sjjf.i-~r::~t~nl1(ln! O<1t"
Tnmsportfor: S&lf'v.:~e)S R-:'l~.j M~!!"!t~!'f:3nvl' 5.i2SlZQ04 12:CO PM
.-\pproved By
S~n~~r P:..:r!';h~~inl} and Cvntrn!;t~
K<?-f5{'ii VV~rr: ..:\sa..~:;t D~te
- Adm::::=>tr~lt~\;~ S~r"li!;~~ P:.::'t":ha$lnq: 5tZf;12C044:2 ?M
Approved By
S1~-,,~ C.3rm~U f'::fC 1~<1sjngJGer:eml Svcs D!,ectcr Date
Ad:":1:r::st:-;}tN~ ;)':'fVi<.':'::;' P~:rchas:ng 512 i2U()4 %'~ AM
Approved By
l~arry A:x....~;:nd ::;fo:"rn~t~rH. T..~;';~;:H.llnqy Dlr..'c,;.~...H. I),,\p.
A:jm!!::~tr3U'l~ S~r\':c~s ;:1~;)fm3tic" Tech:1:>i:>gy 5.i2 120.04 .1:2& PM
Approved By
Dlim~ Pt1ofr/:':~3n E:{f)cutiva S~i;f.}t:::rf Q:ut~
r:'i'in~pi';~t:nr: :;j:~r',;:c,;.~.'~ r f::;'P~}i,.H~~~l!)n $v:'\/i..~...~:j Ad~jn. :;f~, /Zt){)4 ;;;:.2:< PM
Approved By
Nerm E. t'H~~r, AlC? :!Qn=>po~t:s~1!JH Dl'-;l$k>l) Admin:~tratt~r D~t,1<
Tr~Hl~p.crth:-!': .s~rv:c~s Tf3nsport~tkm S~:vic~s Adrfl!rl. 5i2 12()()4 S:"~ PM
Approved By
P.3; L~.nnh~rd ,i).dminietr.3thi') Assistant D~t<l
C(!-::nty M~r:~~~:" ~ ~tk;* :fi{.~v yf M~:la~vmo.;:lt & I~ud<j~~ 5!2H!:'HW": 3~~S AM
Approved By
M1Ch:,*= SrnY~~~')ws.kt M~~~~se9m~~::..& 8ud9~t Djf~c;t.;)l' D<1t"
C oi.m1y M~f'!~lJ~H ~ ffic~ mClI o~ M<l:1<l\lllmll:11 /I. Bu<1.;j~t 5.i2SrZ004 .1:6S PM
Approved By
- L<lc t..:. ens. r, Do:.P;,.lty Cour!~y Manag;;;.r Dat,>
[J!}iir<1 <:f C;;.;.mty
Ccm:~1:ssicr:rG:rs C6'H;~Y Mafl~{J~f ~ ~f:c.;~ 8!1(,t(;(N' il:5$ AM
Agenda Item No, 1687
June 8, 2004
3 of 7
_____M> ._" ,."". ..... ",,,~."- -,.~,-_.,_..- --.
GPS SITE lOCATIONS
PRELIMINARY
Legend
ROAD MAINTENANCE
. . PRELlM_ GPS_ COVERAGE SURVEY SECTION
,~ PRE_IM_GPS Agenda Item No. 1687
~. June 8. 2004
4of7
,
..- < ""1 !
.-
Task A DetermmatlOn of SUItable Base Locations I Installation of Base Stations
and sUItable software and hardware for operations $16218100
Part No D"';''l.n, . '. QIy,.. . Ut\;tP'IQe..JMSCPJUeI:,.lbt..,U'iiI'.hilRl'ri<<.'
r:{:ll.:Jt.:l.IK~"'fnJ'I..J'J-....:Rrli"j'r. fa.
733248 lea 1200 pro relerence station 8 $14,00000 $HOo.oO $67,200.00
722105 leica RS1200 mounting bradlet 8 $150,00 Induded $0.00
733257 leica 256mb compact n8lloh B $1,200.00 Induded $0.00
667132 Leica AlSO'" Dual freq. ChC'ke Ring anlema B $.4.500.00 $2,441,00 $0.00
667140 Leil.'3 Radome OOlo'eK for AT504 8 $200.00 Induded $19.528.00
e212641 40 meler GPS antenna cable (Dol.tlle the lengtn) 16 $500.00 lnduded $000
563809 2.8m Data transfer cable Modem cable 3 $125.00 Induded $0.00
722409 AC power Sl4lPIy e $200.00 Induded $0.00
Lightning Protection
8208231 Limited Lilltning protection 4~~hne)(needs 8209838 Cable) 3 $350 00 Induded $0.00
8209838 LiQhU'ling Pmteel Cable 1 croot wi Ri,jll ar'lgle N type connector 8 $200.00 Induded $0.00
8 $150.00 Induded $000
lo.~itr;,I]:'t.~l'i'13:ml:JL:JIJII(~"fF.1ll"IJ.,....-:"u.Cf:';"'''''l'rn."WiTi~~
- 737614 Spider Bundle (indudes 734612, 134614,734615} , $O,SOO.OO $2,10000 $2,100.00
734613 S!ider - Additional Site License $2,000,00 $1,200.00 $8,400.00
.fir..:fFi1lfiJ.Ul'_.r:'.'lf'I./RiJJJ!J.!.14...."fiJ; '.!./':I.~I~F..l1iJ(:l'l: r'll{~ :1iTn.'.'r:/tI.. $0.00
99861 On-Site GPS NetwOl1l; Servioes per dl'tf 10 $1,000.00 Irduded $000
99862 On-Site GPS Rei Station Services per day 7 $1,000.00 Included $0.00
Ict~"'.##J"JI'II. ....I"......:Jo.
918653 Days Traring lor up to 4 people 0 $750.00 Included $000
918652 .stem 500 On-Site 5_ 2 $750.00 II1l-juded $DOO
lef~....:C=rflf:1I.r~::~~lIlf.ft".nll.r.UI:JI'
733243 1230 dua.frelJ.lency geodeticRTI< receiver 2 1i15,59000 $9,354,00 $18,70800
667272 GIS Awlicabon Program 1 $1,n500 $1,065.00 $1065.00
TB260 RX121QT, System 1200 C,)(\lroller v.;!h toud1 screen for GPS recervet L $1,700.00 $1,0'20.00 1)2,04000
Tedlnicat Oocurnertaton lor System1200 (EnGlis.h) 2 $0 DO $0.00 $0.00
713252 AX1202 Dual Frequenc; Antema With ~8. thread 2 $1,750.00 $ 1,050.00 $2,100,00
007200 1 2m antenna cable , $60.00 $3600 $72::lO
733270 GEB2l1, 4Ah U-ion battery, for GPS1200 " $180.00 $108,00 $864.00
D4752 GKl211 BASIC Charger for LHOI1 balteries GEB221. car adaptor inoviuded , $110,00 $66.00 $528.00
667217 GA031 Screw-to-stub adapter for GP5 artema 2 C;130.00 $7BOO $156.00
7132'17 MCF32 Cumpact Flash Card, 32MB )200.00 $120,00 $240.00
71l:l67 Hard cortainer for GPS re(:ewer, 2I'\tenna, cables eamers, tribractl, etc , S1BOoo $108.00 $216,00
~7'223 GHT25 Gnp with arcUal" bubble and fixing element I $180.00 $108.00 $21600
7l~169 GHTSO H,'~der lnr GPS receiver 0n p(~e $75,00 ~").OO $9000
667221 GlS17 Bottom-section atuminun pole with sleel tip , $100,00 $60.00 $120.00
667224 GLS 19 Top-section aluminum pole with stub $10000 $60.00 $120,00
733280 28m Data transfer & Upload cable, Lema 10 91'!n RS'.:32 e'ofif'.,.(!(J( 2 $13000 $78.00 $156,00
Agenda Item No. 1687
June 8, 2004
5of7
.-
_....'''~- M_~_ ....-
11I[':11~.ef:!iII'.Ii~'"YiJj.'"'1':1"'4
734719 Leic8 Geo Offtce, L 1 Mdl2 Data Procesmg Option, (protected) 1 $3.500.00 $2.100.00 $2,100.00
734724 Letca Geo orb D8Ilm and Map Transfcnn8lion O~ (protected Cl)lion) 1 seOO.DO $480.00 $48000
734725 Leica Geo Office Design and Adjuslmer1, (proteded option) 1 $1.50000 $900.00 $900.00
734720 Leica Gel> Office RNEX import Option, (proteded option) 1 $500.00 $300.00 $300.00
734726 Leica GeQ Office GISICAO 0 LC, roteded f) bon) , $1.000,00 S60000 $600.00
.. . . .
667268 GIS Dat~ro CO , $0,00 Included $000
Ravens COMA in Housirq , $90000 $900.00 $900,00
$0.00
Comms th:ms
t~~1.:'1.::.u~;..1'~~lii~111o:."~lJlIil~~fl~:J€i..~1~
.l3214213 InlUlo::m COITVTlJr'Iicalor 9 52.400.00 52.160.00 $19.440.00
8214221 40 meter cable 9 5500.00 5450.00 54.050.00
8214331 Anler'na Reference Station 48" wrap 9 $225 00 5202.50 $1.822.50
8214376 pem'\<Ylent mOll'llJng brllcket 9 $75 00 56750 $607.50
8214291 GPS.Radlo Cable 9 $12000 $108.00 $972.00
$26 anoo
ROYel' .comms Spread Spectrum
8214212 Intuiccm Navigator 2 52 400 00 52.16000 54.320 00
8214222 Anterna. 2 5200 00 5180.00 $360.00
indudeS(Artenna Mount) $000 $000
8206791 AnleofYla Cable> (RovfJ1"l 2 $12000 $'0800 $21600
8214291 GPS-Radio Cable 2 512000 $10800 $216.00
8214293 Radio Bracket r$nlote 2 5125,00 $11250 $225.00
B214293 On !he pole Ani Clarp R&mQleo 2 $'2500 $112.50 $225.00
$5 562 00
RfWer ACCesSMies {optl"rtS'
Backpack A ocessories
733264 GHT39 Holder forRX1200 series ConlruNer to aU poles 2 $50 00 $30,'JO $6000
667137 Minpadc.. hdds receiver and modems 2 Suo. 00 $84 00 $168,00
667228 Telescoping rod with 518- thread 2 $60::>0 $3600 $72,00
667220 GA034 Arm 3an for te~scoplng rodlGairllex antervla 2 $60.00 $36,00 $72.00
667200 1 ,2m antenna cable 2 $6000 $3600 $72,00
667201 1 6m eKt. antenna cable 2 $70.00 $42,00 $B4.00
L6ica Carbon-fibre Pole $52a.OO
667225 Bottom section carbon41bre pole v.ith steel tip 0 $25000 $150.00 $0.00
667227 Top section ca-bon..fibre pole with stub 0 $25000 $150,00 $0.00
Agenda Item No. 1687
June 8, 2004
6of7
.-
....!~..... ~~iii~;-~::'G'ps'N'8iWo-iii'instaiiation-:'NTp......n........L%~:;-... ::'!Y.::~::J~j:~c:~::r:~:~f::t::l::~:::r:0!:::l:~}::~[J::T:~::I::):~:!:~i~[:~:T'!Y.::!~f:j:::r:~=:
2 TASK A . 30 days .... ....
3 i)[)eterminenSuitabiiiLocaticiris 3 days
.....400.00 . '2)lnstallalionciiBaseStaliciris n15days h
5 TASKS: AsSistlnl::ietermlnlng Site Coordinates 3 days t--,
n.nnnnnnnnnnnnn"mnn . .. . nnnnnnn'nnnn r~
6 'TASK C: Integration of Base Stations 3 days ~
....nnn......nnnmnnmn............ ....n nnn...nnnnn.. .....n.....n. r
7 tASK D: Develop Horizontal & Vertical Datums 6 days
.....s.....TAsKE:.sampiiiOatanCoiiiiciion&Eviiiiiiiiion...: 'Xdays b
9
10 ... .... .... .. . ..... "','
.....1.~..... .~~~~.~nS.lte..~r~~iij.~~~~..'.'.'.'.'.'.'n'.~.~.'~..nnmm. ..m............2..i..d~i~..L....nm.n........ .... ...... .mn....... 00........................................................................................00......
Task I I Milestone. External T asks !!::!:r:~::!::!::!!;:r:!:t!tH:!::n
6~~~ecih~~~6~6Et RTK NETWORK Split """""'"'''''''''''''''''''''''' Summary .... .... External Milestone ,.
Progress Project Summary ~ . Deadline Agenda Item No. 1687
Page 1
'-'"
Executive Summary
Accept grant funds from South Florida Water Management District for Project 510031 Real Time
Kinematic (RTK) Global Positioning System (GPS) Network in the amount of $60,000.00.
Objective: To accept $60,000 grant money awarded under South Florida Water Management
District I Big Cypress Basin (BCB) Contract #OT040070, Real Time Kinematic (RTK) Global
Positioning System (OPS) Network.
Considerations:
Transportation Services Department is currently installing an RTK GPS Network, which will be
capable of servicing all of Collier County West of SR 29. Recognizing the value of the data that can
be obtained using this system BCB has expressed an interest in supporting the system and prepared
an agreement for funding in the form of a $60,000 grant.
Fiscal impact:. $60,000 in grant funds to be added to the County wide CIP fund 301 under project
510031. It is to be used for networking and maintenance costs associated with the upkeep and daily
operation of the GPS Network.
,....... Growth mana2ement impact: There is no Growth Management Impact resulting from this action.
Recommendation: That the Board accepts grant funds of $60,000 by Road Maintenance
DepartmentlStormwater Management.
,-
Agenda Item No. 1688
June 8, 2004
1 of 17
-- -_._-,,-_.._~->_." . .....";...,,......-..-..,.--.- ,......".."'...-......,",..,...,.. . "'."",,,-,,,,,,,,-'-'-'~'-
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
/..--... Item Number 1688
Item Summary ACC'3pt gr,m, funds from South Fk.,~ja Wat,:, Managem,-,nt D;stnet fe., ProJf:.:t
~~1003: Real Time Kin.amatic (Rn<} (3lobal pc.s:t:onir.g ~)'~i:~tf:nl {GPS) N13t'Ncrk
in the c}n1c-Un! cf $t3'J,GGO.OO.
Meeting Date 6/3:2004 9:00:00 /'..Pv1
Approved By
St~,,~ C""',,U ?un.:hll>1'"gIG""""ill S"",:s Q;r..<..t<;, 0,,1..
Acim:n:s:rC1ti\l~ S~rl,(j<AS 1"urchas;l1>l 51121.2004 S.QO PM
Approved By
Sh.aro:1 N<.-wman Acco:mt~l1(j :Supervisor Date
of F''''n,:,p(':rtjr;.F~ ~ierv:ce$ rr;-'u'':~portQ;~~(ln Adil;.;r;;~~:-~ticn ~!27i7.(W~ 11'11 AM
Approved By
J...,;.~;~. Vlit'!'- Ho;')~ds Mi;1ir:ten~r:(;e 5up':-ri:l~~l"!dit:":~ D<1t<,
r~cmspl,)rt:on S~H"";C.cS R-:.,;"d Mcl~~~~!"l"'!,j{,,~ 5i27r'ZQ04.11:22.A.M
Approved By
RO')!lj"'r!!r~ N3utll A-..:.:c..;;jnt:ng "rechn:c:an Dat~::
r:'nn~rH}rt:nr: 3Hr.;:c~.:-~ '! f;jF.Spvri:!l!in.n ........drr::r:h~t:-nt;v;\ ,i?!!?l)l)4 1;o~ PM
Approved By
Ol~n~ P'~:ry:"!'l~~ F.y'~f,;'Jt;\(~ S~{;r~t&:)' 0"1..
if.Jnspcrt~i)~-~ SQrv:ces r(3r:sport'J~km S~Nlr:~s A.>>~rli!,. S!27iL(l()~ ~~': "'M
,,-
Approved By
Ncrm E. l"<-.jF. "'ICf- T {3~sport.:.;;tloiJn Oiv:s:on A<lmir.:st:-at;}f Date
T: <,m~~H.'H.tjr.m 'S~rv;c.:i!'S Tr~~~~!)fU31tii,)n S~n.ri!;~:=:_ Ad:ni:l. Sj2'/!2(lOJ~ :3~{f( ~M
Approved By
P~t L~hnh~rd J!..d(fsinlstr<)~h"2 As:s:is~nt [}<ltt>
COI--i!1ty Mdf!~~.:"~5 Otf;t:~ Off,ce cr Management & 8"ogl)l 5f2~:2G1J4 5:27 AM
Approved By
Mk:~~..~: $my~.{l\I~,js:.ki M~r:a9~m~r:! &. H:Jdgl=~t })ir~(;tnr 0"",
Cf;.:;;~ty M.onoSi~;J$ Off;c.:~ Of'f:ci!' t'!f M~n~j.Ji!'rp.i!'nt & 8e:d~~~t Si2~:"Cil4 ~,:,4 .4M
Approved By
Ja:ncos -..,', M:..:dJ ::OUl~tv Managcor O"t~
S<;3rd of County
C0mm::\$i0r:~:"S Gounty Marmg<=lr"s Gtfl'C~~ Si~1:?l)H4 1;o~ PM
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Agenda Item No. 1688
June 8. 2004
2 of 17
_..,- ~.,._-"--... _..~.. . -~-
. ORtGtNAL
8 SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AGREEMENT
THE SOUTH FLORIDA WATER MA.'lAGEMENT This number must appear on alllnvoic:es and Correspondence
DISTRICT (hereinafter referred to as DISTRICT) HEREBY
ENTERS INTO TIDS AGREEMENT WITH:
Name: COLLIER COUNTY OT040070
Address: 3301 Tamiami Trail MBE PARTICIPATION: O.t.
Naples, FL 34112
Project Manager: Daniel Regan
Telephone No: (239) 213-5810
Fax No: ( ) -
Hereinafter referred to as: COENTY -
PROJECT TITLE: REAL TIME KINETIC (RTK) GLOBAL POSITIONING SYSTEM (GPS) NETWORK
The following Exhibits are attached hereto and made a part of this AGREEMENT:
Exhibit "A" - Special Provisions Exhibit "W - Not Applicable
Exhibit "B" - General Terms and Conditions Exhibit "I" - Not Applicable
Exhibit "C" - Statement of Work Exhibit "J" - Not Applicable
Exhibit "D" - Payment and Deliverable Schedule Exhibit "K" - Not Applicable
Exhibit "E" - Not Applicable Exhibit "L" - Not Applicable
Exhibit "F" - Not Applicable Exhibit "M" - Not Applicable
Exhibit "G" - Not A licable
TOTAL AGREEMENT AMOUNT: $60,000.00 AGREEMENT TYPE: Not-to-Exceed
Multi-Year Funding (If Applicable)
Fiscal Year: Fiscal Year:
Fiscal Year: Fiscal Year.
Fiscal Year: Fiscal Year;
*Subject to District Governing Board ADnual Budget Approval
AGREEMENT TERM: Nine 9 Months EFFECTIVE DATE: Last Date of Execution b the Parties
District Project Manager: Shabbir Ahmed District Contract Administrator:
Telephone No: (239) 597.1505 Ext. 7612 . Rupert Giroux (561) 682-2532
Fax No. 239 597-4987 FuND.: 561 682-63970r(561 681-6275
SUBMIT INVOICES AND NOTICES TO THE DISTRICT AT: SUBMIT NOTICES TO THE COUNTY AT:
COLLIER COIDITY
South Florida Water Management District
3301 Gun Club Road 3301 Tamiami Trail
West Palm Beach. Florida 33406
Attention: Procurement Department Naples, FL 34112
Attention: Daniel Regan
IN WITNESS WHEREOF, the authorized representative hereby executes this AGREEME~T on this date, and accepts all Terms and
Conditions under which it is issued.
COLLIER COUNTY SOUTH FLORIDA WATER MANAGEMENT DISTRICT
BY ITS GOVERNING BOARD
Accepted By: Accepted By:
Signature of Authorized Representative Frank Hayden, Procurement Director
Date:
Title:
Date: Dmc:~
Date:~
Approved at Agenda Item No. 1688
June 8, 2004
3 of 17
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_. 8 SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AGREEMENT
EXHIBIT itA"
SPECIAL PROVISIONS
The purpose of this Exhibit "A" is to delineate any and all changes, deletions and/or additions to the Exhibit liB" General
Terms & Conditions. In the event of any conflict between this Exhibit" A" and any other provision specified in this
Agreement, this Exhibit" A" shall take precedence.
1. A new Article 1.5 is hereby added as follows:
"The COUNTY shall submit quarterly progress reports to the DISTRICT throughout the term of this
AGREEMENT. Any requests for changes to the Exhibit "e" Statement of Work shall be submitted by the
COUNTY or the DISTRICT in writing to the other party for approval. and the COlJNTY or the DISTRICT shall
submit its comments/approval in 'Writing within ten (10) days after receipt of the request for change. The DISTRICT
shall be responsible for initiating any amendments to this AGREEMENT, if required."
2. Article 2.4 is hereby deleted and replaced as follows:
"The COUNTY shall submit quarterly financial statements to the DISTRICT providing a detailed accO\mting of all
expenditures incurred hereunder throughout the term of this AGREEMENT. The COUNTY shall report and
document the amount of funds expended per month during the quarterly reporting period and the AGREEMENT
e._.... expenditures to date. The DISTRICT shall only be obligated to pay for a maximum not-to-exceed AGREEMENT
funding limitation of $60,000.00. In no event shall the DISTRICT be liable for any expenditures hereunder in excess
of $60,000.00."
5. Article 7.1 is hereby modified to add the following paragraph:
"The COUNTY shall maintain books, records and documents directly pertinent to performance under this
AGREEMENT as described above. The COUNTY shall similarly require each subcontractor to maintain and allow
access to such records for audit purposes."
7. Articles 7.3,7.4,7.5, and 8.7.1 are hereby deleted in their entirety.
e of C unse1 Approve~
By: Date: ~ II. 0<(
SF D PROCUREMENT APPROVED
By: ~~~"'~ -a\ql:o~
,
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I
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Agenda Item No. 1688
Page 1 of 1, Exhibit" An, Agreement OT040070 June 8, 2004
4 of 17
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8 SOUTH FLORIDA WATER ~ ~AGEMENT DISTRICT ,
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
ARTICLE 1 - STATEMENT OF WORK ARTICLE 2 - COMPENSATIONI
CONSIDERATION
I.l The COUN1Y shall, to the satisfaction of the
DISTRICT, fully and timely perform all work items 2.1 The total comideration for all work required
described in the "Statement of Work," attached hereto by the DISTRICT pursuant to this AGREEMENT
as Exlubit tIC" and made a part of this AGREEMENT. shall not exceed the amount as indicated on the
cover/signature page of this AGREEMENT. Such
1.2 As part of the services to be provided by the amount includes all expenses which the COUNTY
COUNTY under this AGREEMENT, the COUNTY may incur and therefore no additional consideration
shall substantiate, in whatever forum reasonably shall be authorized.
requested by the DISTRICT, the methodology, lab
analytical examinations, scientific theories, data, 2.2 Notwithstanding the foregoing, the amount
reference materials, and research notes. The expended under this AGREEMENT shall be paid in
COUNTY shall also be required to substantiate any accordance with, and subject to the multi-year funding
and all work completed, including but not limited to, allocations for each DISTRICT fiscal year indicated
work completed by subcontractors, assistants, on the cover/signature page of this AGREEMENT.
models, concepts, analytical theories, computer Funding for each applicable fiscal year of this
programs and conclusions utilized as the basis for the AGREEMENT is subject to DISTRICT Governing
fmal work product required by the AGREEMENT. Board budgetary appropriation. In the event the
This paragraph shall survive the expiration or DISTRICT does not approve funding for any
tennination of this AGREEMENT. subsequent fiscal year, this AGREEMENT shall
terminate upon expenditure of the current funding,
1.3 The parties agree that time is of the essence in notwithstanding other provisions in this
the perfonnance of each and every obligation under AGREEMENT to the contrary. The DISTRICT will
this AGREEMENT. notify the COUNTY in writing after the adoption of
the final DISTRICT budget for each subsequent fiscal
1.4 In the event COUNTY employees or hired year if fimding is not approved for this
workers are authorized by Exhibit "c" to perform AGREEMENT.
services on-site at DISTRICT facilities, the COUNTY
hereby agrees to be bOlmd by all applicable 2.3 The COUNTY assumes sole respomibility for
DISTRICT policies and standards of conduct listed in all work which is perfonned pwsuant to the Statement
Attachment I, "Contractor Policy Code of Work, Exlubit "C". By providing funding
Acknowledgement" to Exhibit "C' and shall require hereunder, the DISTRICT does not make any
each individual performing such on-site work to warranty, guaranty, or any representation whatsoever
execute the Attachment I form. It is the COl.J1\j'T\"s regarding the correctness, accuracy, or reliability of any
responsibility to advise its employees or hired workers of the work performed hereunder.
of the nature of the project, as described in Exhibit "C".
The COUNTY shall determine the method, details and 2.4 The COUN1Y by executing this
means of performing the servIces, within the AGREEMENT, certifies to truth-in-negotiation,
parameters established by Exlubit "e". The specifically, that wage rates and other factual unit costs
DISTRICT shall provide additional guidance and supporting the comideratioD are accurate, complete,
instructions to COUNTY's employees or hired and current at the time of contracting. The COUN1Y
workers where necessary or appropriate as determined agrees that the DISTRICT may adjust the
by the DISTRICT. consideration for this AGREEMENT to exclude any
significant sums by which the consideration was
increased due to inaccurate, incomplete, or non-<:urrent
wage rates and other factual unit costs.
Page I of 10, Exlubit "B"
A~enda Item No. 1688
Contract ile:\Count,J~ iW~fi~
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8 SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXHIBIT "B"
- GENERAL TERMS AND CONDITIONS
The DISTRICT shall make any such adjustment Failure of the COUNTY to follow the instructions set
within one ( 1 ) year following the expiration or forth in the AGREEMENT regarding a proper
termination of this AGREEMENT. invoice and acceptable services and/or deliverables
may result in an unavoidable delay in payment by the
ARTICLE 3 - INVOICING AJ."ID PROMPT DISTRICT. All payments due from the DISTRICT
PAYMENT for a proper invoice and acceptable services and/or
deliverables and not made within the time specified in
3.1 The COUNTY's invoices shall reference the this section shall bear interest from thirty (30) days
DISTRICT's Contract Kumber and shall be sent to the after the due date at the rate of one percent (1 %) per
DISTRICT's address specified on the cover/signature month on the unpaid balance. The COUNTY shall
page of this AGREEMENT. The COUNTY shall not invoice the DISTRICT for payment of any accrued
submit invoices to any other address at the Wlpaid interest.
DISTRICT.
Any disputes regarding invoice payments which
3.2 The COUNTY shall submit the invoices on a cannot be resolved by the appropriate department of
completion of deliverable basis, pursuant to the the DISTRICT shall be concluded by final written
schedule outlined in the Payment and Deliverable decision of the DISTRICT Leadership Team not later
Schedule, attached hereto as Exhibit "D" and made a than sixty (60) days after the date on which the proper
part of this AGREEMENT. In the event the invoice was received by the DISTRICT.
schedule does not specify payment on a completion of 3.4 Unless otherwise stated herein, the DISTRICT
deliverable basis, all invoices shall be substantiated
by adequate supporting documentation to justify shall not pay for any obligation or expenditure made
- hours expended and expenses incurred within the not- by the COUNTY prior to the connnencement date of
to-exceed budget, including but not limited to, copies this AGREEMENT.
of approved timesheets, payment vouchers, expense ARTICLE 4 - PROJECT MANAGEMENT/
reports (including approved travel costs, if
applicable), receipts and subcontractor invoices. Any NOTICE
authorized travel shall be reimbursed in accordance
with Chapter 112, Florida Statutes. 4.1 1be parties shall direct all technical matters
arising in connection with the perfonnance of this
3.3 It is the policy of the DISTRICT that payment AGREEMENT, other than invoices and notices, to the
for ail goods and services shall be made in a timely attention of the respective Project Managers specified
manner and that interest payments are made on late on the cover/signature page of the AGREEMENT for
payments. In accordance with Florida Statutes, attempted resolution or action. The Project Managers
Section 218.70, Florida Prompt Payment Act, a shall be responsible for overall coordination and
"proper" invoice is defined as an invoice that oversight relating to the performance of this
conforms to all statutory requirements and all AGREEMENT. The COUNTY shall direct all
DISTRICT requirements as specified in the administrative matters, including invoices and notices,
AGREEMENT for invoice submission. The time at to the attention of the DISTRICT's Contract Specialist
which payment shall be due from the DISTRICT specified on the cover/signature page of the
shall be forty-five (45) days from receipt of a proper AGREEMENT.
invoice and acceptance of services and/or
deliverables, based on compliance with the statutory All formal notices between the parties WIder this
requirements set forth in Section 218.70, F.S. and AGREEMENT shall be in writing and sball be
upon satisfaction of the DISTRICT conditions as deemed received if sent by certified mail, return receipt
detailed in the AGREEMENT. requested, to the respective addresses specified on the
cover/signature page of the AGREEMENT. The
COUNTY shall also provide a copy of all notices to
-
Page 2 of 10, Exhibit "B"
A~rr.n~ Ite~Q. ~m
Contract 1 e:\ un!fl ~~
6 of 17
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8 SOUTH FLORIDA WATER MANAGEMENT DISTRICT
,
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
the DISTRICT's Project Manager. All notices ARTICLE 6 - TERMINATIONIREMEDIES
required by this AGREEMENT shall be considered
delivered upon receipt. Should either party change its 6.1 It is the policy of the DISTRICT to
address, written notice of such new address shall encourage good business practices by requiring
promptly be sent to the other party. contractors to materially perform in accordance with
the terms and conditions of the DISTRICT
All correspondence to the DISTRICT Wider this AGREEMENT. In accordance with DISTRICT
AGREEMENT shall reference the DISTRICT's Rule 40E-7, Part lI, F.A.C., "material breach" is
Contract Number specified on the cover/signature page defmed as any substantial, unexcused noo-
of the AGREEME~T. performance by failing to perform an act that is an
important part of the transaction or performing an act
ARTICLE 5 - Th"SURANCE inconsistent with the terms and conditions of the
AGREEMENT.
5.1 The COUNTY asswnes any and all risks of
personal injury, bodily injury and property damage If the COUNTY materially fails to fulfill its
attributable to the negligent acts or omissions of the obligations under this AGREEMENT, the
COUNTY and the officers, employees, servants, and DISTRICT will provide written notice of the
agents thereof. The COUNTY warrants and deficiency by forwarding a Cure Notice citing the
represents that it IS self-funded for Worker's specific nature of the material breach. The
compensation and liability insurance, covering at a COUNTY shall have thirty (30) days to cure the
mininrum bodily injury, personal injury and property breach. If the COUNTY fails to cure the breach
damage with protection being applicable to the within the thirty (30) day period, the DISTRICT
COUNTY's officers, employees, servants and agents shall issue a Termination for Default Notice. Once the
while acting within the scope of their employment DISTRICT has notified the COUNTY that it has
during performance under this AGREEMENT. The materially breached its contract with the DISTRICT,
COUNTY and the DISTRICT further agree that by sending a Termination for Default Notice, the
nothing contained herein shall be construed or DISTRICT's Governing Board shall determine
interpreted as (1) denying to either party any remedy whether the COUNTY should be suspended from
or defense available to such party under the laws of doing future work with the DISTRICT, and if so, for
the State of Florida; (2) the consent of the State of what period of time. The DISTRICT's Governing
Florida or its agents and agencies to be sued; or (3) a Board will consider the factors detailed in Rule 40E-
waiver of sovereign inununity of the State of Florida 7, Part II, F.A.C. in making a determination as to
beyond the waiver provided in Section 768.28, whether a COUNTY should be suspende<L and if so,
Florida Statutes. for what period of time. Should the DISTRICT
terminate for default in accordance with this
5.2 In the event the COUNTY subcontracts provision, the DISTRICT shall be entitled to recover
any part or all of the work herelUlder to any third reprocurement costs in addition to all other remedies
party, the COUNTY shall require each and every under law and/or equity.
subcontractor to identify the DISTRICT as an
additional insured on all insurance policies as 6.2 Tbe DISTRICT may terminate this
required by the COUNTY. Any contract awarded by AGREEMENT with or without cause at any time for
the COUNTY for work under this AGREEMENT convenience upon thirty (30) calendar days prior
shall include a provision whereby the COUNTY's written notice to the COUNTY. The performance of
subcontractor agrees to defend. indemnify, and pay work under this AGREEMENT may be tenninated by
on behalf, save and hold the DISTRICT harmless t'J.e DISTRICT in accordance with this clause in
from all damages arising in connection with the whole, or from time to time in part, whenever the
COUNTY's subcontract. DISTRICT shall detennine that such termination is in
the best interest of the DISTRICT. Any such
Page 3 of 10, Exhibit "R" I
A~rr.nda Item No. 1 W
Contract . e:'Countr~ lJ~/~
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e SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXIllBIT "B"
- GENERAL TERMS AND CONDITIONS
tennination shall be effected by delivery to the DISTRICT shall initiate an amendment to this
COUNTY of a Notice of Termination specifying the AGREEMENT to reflect any changes to Exhibit "C",
extent to which performance of work under the Statement of Work and/or the project schedule.
AGREEMENT is terminated, and the date upon which
such termination becomes effective. 6.5 The DISTRICT anticipates a total project cost
as indicated on the cover/signature page, with the
In the event of termination for convenience, the balance of matching funds and/or in-kind services to be
DISTRICT shall compensate the COUNTY for all obtained from the COUNTY in the amount as
authorized and accepted deliverables completed specified on the cover/signature page of this
through the date of termination in accordance with AGREEMENT. In the event such COUNTY
Exhibit "C", Statement of Work. The DISTRICT shall matching funding and/or in-kind services becomes
be relieved of any and all future obligations hereunder, unavailable, that shall be good and sufficient cause for
including but not limited to lost profits and the DISTRICT to terminate the AGREEMENT
consequential damages, under this AGREEMENT. pursuant to Paragraph 6.2 above.
The DISTRICT may withhold all payments to the
COUNTY for such work until such time as the ARTICLE 7 - RECORDS RETENTION!
DISTRICT determines the exact amount due to the OWNERSHIP
COUNTY.
7.1 The COUNTY shall maintain records and the
6.3 In the event a dispute arises which the project DISTRICT shall have inspection and audit rights as
managers cannot resolve between themselves, the follows:
parties shall have the option to submit to non-binding
- mediation. The mediator or mediators shall be A. Maintenance of Records: The COUNTY
impartial, shall be selected by the parties, and the cost shall maintain all financial and non-fmancial records
of the mediation shall be borne equally by the parties. and reports directly or indirectly related to the
The mediation process shall be confidential to the negotiation or performance of this AGREEMENT
extent permitted by law. including supporting documentation for any service
rates, expenses, research or reports. Such records shall
6.4 The DISTRICT may order that all or part of the be maintained and made available for inspection for a
work stop if circumstances dictate that this action is in period of five years from completing perfonnance and
the DISTRICT's best interest Such circwnstances receiving final payment under this AGREEMENT.
may include, but are not limited to, unexpected
technical developments, direction given by the B. Examination of Records: The DISTRICT
DISTRICT's Governing Board, a condition of or its designated agent shall have the right to examine
immediate danger to DISTRICT employees, or the in accordance with generally accepted governmental
possibility of damage to equipment or property. This auditing standards all records directly or indirectly
provision shall not shift responsibility for loss or related to this AGREEMENT. Such examination may
damage, including but not limited to, lost profits or be made only within five years from the date of final
consequential damages sustained as a result of such payment under this AGREEMENT and upon
delay, from the COUNTY to the DISTRICT. If this reasonable notice, time and place.
provision is invoked, the DISTRICT shall notify the
COUNTY in writing to stop work as of a certain date C. Extended Availability of Records for Lel!:al
and specify the reasons for the action, which shall not Dis.putes: In the event that the DISTRICT should
be arbitrary or capricious. The COUNTY shall then be become involved in a legal dispute with a third party
obligated to suspend all work efforts as of the effective arising from perfonnance under this AGREEMENT,
date of the notice and until further written direction the COUNTY shall extend the period of maintenance
from the DISTRICT is received. Upon resumption of for all records relating to the AGREEMENT until the
work, if deemed appropriate by the DISTRICT, the final disposition of the legal dispute, and all such
"',-,
Page 4 oflO, Exlubit "B"
A~enda Item No. 1 ~
Contract ile:\CounlJaWe ~~/~
8 of 17
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<I SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXHIBIT "B"
GENERAL TER1\fS AND CONDITIONS
records shall be made readily available to the 7.4 Any equipment purchased by the COUNTY
DISTRICT. with DISTRICT funding under this AGREEMENT
shall be returned and title transferred from the
7.2 The DISTRICf shall retain exclusive title, COUNTY to the DISTRICT inunediately upon
copyright and other proprietary rights in all work items, termination or expiration of this AGREEMENT
including but not limited to, all documents, technical upon the written request of the DISTRICT not less
reports, research notes, scientific data, computer than thirty (30) days prior to AGREEMENT
programs, including the source and object code, expiration or termination. Equipment is hereby
which are developed, created or otherwise originated defined as any non-conswnable items purchased by
hereunder by the COUNTY, its subcontractor(s), the DISTRICT with a value equal to or greater than
assign(s), agent(s) andlor successor(s) as required by $500.00 and with a normal expected life of one (1)
the Exhibit "C", Statement of Work (the "Work"). In year or more. The COUNTY will maintain any such
consideration for the DISTRICT entering into this equipment in good working condition while in its
AGREEMENT, and other good and valuable possession and will return the equipment to the
consideration the sufficiency and receipt in full of DISTRICT in good condition, less nonnal wear and
which is hereby acknowledged by the COUNTY, the tear. The COUNTY will use its best efforts to
COUNTY hereby assigns, transfers, sells and safeguard the equipment throughout the period of
otherwise grants to the DISTRICT any and all rights perfonnance of this AGREEMENT. However the
it now has or may have in the Work (the "Grant"). DISTRICT will not hold the COUNTY liable for
This Grant shall be self-operative upon execution by loss or damage due to causes beyond the COUNTY's
the parties hereto, however the COUNTY agrees to reasonable control. In the event of loss or damage,
execute and deliver to the DISTRICT any further the COUNTY shall notify the DISTRICT in writing
assignments or other instruments necessary to within five (5) working days of such occurrence.
evidence the Grant, without the payment of any
additional consideration by the DISTRICT. The 7.5 The DISTRICT has acquired the right to use
COUNTY may not disclose, use, license or sell any certain software under license from third parties. For
work developed, created, or otherwise originated purposes of this AGREEMENT, the DISTRICT
hereunder to any third party whatsoever. This may permit the COUNTY access to certain third
paragraph shall survive the termination or expiration party o\\11ed software on DISTRICT computer
of this AGREEMENT. systems. The COUNTY acknowledges the
proprietary nature of such software and agrees not to
7.3 The COUNTY represents and warrants that reproduce, distribute or disclose such software to any
proprietary software, if any, to be provided to the third party. Use of or access to such software shall be
DISTRICT by the COUNTY hereunder, as restricted to designated DISTRICT owned systems
specifically identified in Exhibit "C", Statement of or equipment Removal of any copy of licensed
Work shall have been developed solely by or for the software is prohibited.
COUNTY, or lawfully acquired under license from a
third party, including the right to sublicense such ARTICLE 8 - STANDARDS OF
software. The COUNTY shall include copyright or COMPLIANCE
proprietary legends in the software and on the label of
the medium used to transmit the software. The 8.1 The COUNTY, its employees, subcontractors
COUNTY shall grant to the DISTRICT a pexpetual, or assigns, shall comply with all applicable federal.
non-transferable, non-exclusive right to use the state, and local laws and regulations relating to the
identified software without an additional fee. The performance of this AGREEMEl'I'T. The DISTRICT
DISTRICT acknowledges that title to the software undertakes no duty to ensure such compliance, but will
identified in Exhibit "C" shall remain with the attempt to advise the COUNTY, upon request, as to
Licensor. any such laws of which it has present knowledge.
Page 5 of 10, Exhibit "8"
A~enda ltetJf No ~
Contract ile:'Coun~ pre ~/
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8 SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXHIBIT "B"
_. GENERAL TERMS AND CONDITIONS
8.2 The COUNTY hereby assures that no person gift. or other consideration contingent upon or resulting
shall be discriminated against on the grounds of race, from the awarding or making of this AGREEMENT.
color, creed, national origin, handicap, age, or sex, in For breach of this provision, the DISTRICT may
any activity under this AGREEMENT. The terminate this AGREEMENT without liability and, at
COUNTY shall take all measures necessary to its discretion., deduct or otherwise recover the full
effectuate these assurances. amount of such fee, commission., percentage, gift. or
other consideration.
8.3 The laws of the State of Florida shall govern all
aspects of this AGREEMENT. In the event it is 8.7 The COUNTY shall allow public access to all
necessary for either party to initiate legal action project documents and materials in accordance with the
regarding this AGREEMENT, venue shall be in the provisions of Chapter 119, Florida Statutes. Should the
Fifteenth Judicial Circuit for claims under state law and COUNTY assert any exemptions to the requirements
in the Southern District of Florida for any claims which of Chapter 119 and related Statutes, the burden of
are justiciable in federal court. establishing such exemption, by way of injunctive or
other relief as provided by law, shall be upon the
8.4 The COUNTY, by its execution of this COUNTY.
AGREEMENT, acknowledges and attests that neither
it, nor any of its suppliers, subcontractors, or 8.7.1 Pursuant to Sections 119.07(3)(0), and
consultants who shall perform work which is intended 240.241 Florida Statutes, data processing software
to benefit the DISTRICT is a convicted vendor or has obtained by an agency under a license
been placed on the discriminatory vendor list If the AGREEMENT which prohibits its disclosure and
COUNTY or any affiliate of the COUNTY has been which software is a trade secret, as defmed in
- convicted of a public entity crime or has been placed Sections 812.081(c), Florida Statutes is exempt from
on the discriminatory vendor list, a period longer than the disclosure provisions of the Public Records law.
36 months has passed since that person was placed on However, the parties hereto agree that if a request is
the convicted vendor or discriminatory vendor list. The made of the DISTRICT, pursuant to Chapter 119,
COUNTY further understands and accepts that this Florida Statute, for public disclosure of proprietary
AGREEMENT shall be either void by the DISTRICT property being licensed to the COUNTY (Licensee)
or subject to immediate termination by the DISTRICf, hereunder, the DlSTRICf shall advise the
in the event there is any misrepresentation or lack of COUNTY (Licensee) of such request and, as
compliance with the mandates of Section 287.133 or between the DISTRICT and the COUNTY
Section 287.134, respectively, Florida Statutes. The (Licensee), it shall be the COUNTY's (Licensee's)
DISTRICT, in the event of such tennination., shall not sole burden and responsibility to inunediately seek
incur any liability to the COUNTY for any work or and obtain such injunctive or other relief from the
materials furnished. Courts and to immediately serve notice of the same
upon the Licensor to protect the Licensor's claimed
8.5 The COUNTY shall be responsible and liable exemption under the Statute.
for the payment of all of its FICA/Social Security and
other applicable taxes resulting from this &.8 The COUNTY shall make reasonable efforts
AGREEMENT. to obtain any necessary federal, state, local, and other
governmental approvals, as well as all necessary
8.6 The COUNTY warrants that it has not private authorizations and permits, prior to the
employed or retained any person., other than a bona fide commencement of perfonnance of this
employee working solely for the COUNTY, to solicit AGREEMENT. A delay in obtaining permits shall
or secure this AGREEMENT. Further the COUNTY not give rise to a claim by the COUNTY for
warrants that is has not paid or agreed to pay any additional compensation. If the COUNTY is unable
person, other than a bona fide employee working solely to obtain all necessary permits in a timely manner,
for the COUNTY, any fee, commission, percentage, either party may elect to terminate this
-
Page 6 of 10. Exhibit "B"
A~en8a Ite~o m
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8 SOUTH FLORIDA WATER MANAGEMENT DISTRICT -l
EXlllBIT "B"
GENERAL TERMS AA"D CONDITIONS
AGREEMENT, each party to bear its 0'Ml costs, is ftuther understood that the COUNTY shall be the
notwithstanding other provisions of this employer of the staff provided pursuant to the
AGREEMENT to the contrary. AGREEMENT for all purposes under state and
federal law and that the COUNTY's staff shall not be
8.9 Pursuant to Section 216.347, F.S., the eligible for any benefit programs the DISTRICT offers
COUNTY is prolubited from the expenditure of any to its employees. All benefits available to the
funds under this AGREEMENT to lobby the COUNTY's staff shall be exclusively provided by the
Legislature, the judicial branch or another state agency. COUNTY or by the COUNTY's eIq:lloyee.
8.10 The DISTRICT is a governmental entity The COUNTY is solely responsible for compliance
responsible for perfonning a public service and with all labor and tax laws pertaining to officers, agents
therefore has a legitimate interest in promoting the and COUNTY employees and shall indemnify and
goals and objectives of the agency. The work under hold the DISTRICT harmless from any failure by the
this AGREEMENT involves a project consistent COUNTY to comply with such laws. The
with these goals and objectives. Consequently, the COUNTY's duties with respect to such personnel shall
DISTRICT is desirous of satisfactorily completing include, but are not limited to, the following:
and successfully promoting this project with the
cooperation of its COlf.'JTY. Therefore, as the 9.2.1 Billing, collection, payroll services and tax
DISTRICT'S COUNTY for this project, the withholding, and any other related services
COUNTY assures the DISTRICT that the
COUNTY, its employees, subcontractors and assigns 9.2.2 Providing insurance coverage pursuant to
will refrain from acting adverse to the DISTRICT'S Article 5 of this AGREEMENT.
legitimate interest in promoting the goals and
objectives of this project. The COUNTY agrees to 9.2.3 Providing any and all employment
take all reasonable measures necessary to effectuate benefits, including, but not limited to, annual leave.
these assurances. In the event the COUNTY sick leave, paid holidays, health insurance, retirement
detennines it is unable to meet or promote the goals benefits and disability insurance.
and objectives of the project, it shall have the duty to
inunediately notify the DISTRICT. Upon such 9.2.4 Complying with the Fair Labor Standards
notification the DISTRICT, in its discretion, may Act, 29 U.S.c. 201, et.seq., including payment of
tenninate this AGREEMENT. overtime in accordance with the Act
ARTICLE 9 - RELATIONSlllP BETWEEN 9.2.5 Providing employee trammg for all
THE PARTIES activities necessary for job perfonnance, except those
functions that are unique to the DISTRICT, in which
9.1 The COUNTY shall be considered an event, the DISTRICT, in its sole judgment and
independent contractor and neither party shall be discretion, may provide training.
considered an employee or agent of the other party. 9.3 It is the intent and understanding of the Parties
Nothing in this AGREEMENT shall be interpreted to
establish any relationship other than that of that this AGREEMENT is solely for the benefit of the
independent contractor between the parties and their COUNTY and the DISTRICT. No person or entity
respective employees, agents, subcontractors, or other than the COUNTY or the DISTRICT shall have
assigns during or after the perfonnance on this any rights or privileges under this AGREEMENT in
AGREEMENT. Both parties are free to enter into any capacity whatsoever, either as third-party
contracts with other parties for similar services. beneficiary or otherwise.
9.2 In the event that the COUNTY is providing staff 9.4 The COUNTY shall not assign. delegate, or
who will be working on-site at DISTRICT facilities, it otherwise transfer its rights and obligations as set forth
Page 7 of 10, Exhibit "B"
A~enda Item No. 1688
Contract lle:\Coun~~ ~/~
11 of 17
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e SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXIllBIT "B"
.- GENERAL TERMS AND CONDITIONS
in this AGREEMENT without the prior 'Mitten apply if the "Statement of Work" of this
consent of the DISTRICT. Any attempted assignment AGREEMENT specifies that performance by
in violation of this provision shall be void. COUNTY is specifically required during the
occurrence of any of the events herein mentioned
9.5 The COUNTY shall not pledge the
DISTRICTs credit or make the DISTRICT a ,11.2 Any inconsistency in this AGREEMENT shall
guarantor of payment or surety for any be resolved by giving precedence in the following
AGREEMENT, debt, obligation, judgement. lien, or order:
any form of indebtedness. (a) Exlubit "A" Special Provisions, if applicable
(b) Exhibit "B" General TetlllS and Conditions
9.6 The DISTRICT asswnes no duty with regard to ( c) Exlubit "C" Statement of Work
the supervision of the COUNTY and the COUNTY (d) all other exhibits, attachments and documents
shall remain solely responsible for compliance with all specifically incorporated herein by reference
safety requirements and for the safety of all persons and
property at the site of AGREEMENT performance. 11.3 Failures or waIvers to insist on strict
performance of any covenant, condition, or provision
ARTICLE 10 - MBE PARTICIPATION of this AGREEMENT by the parties, their successors
and assigns shall not be deemed a waiver of any of its
10.1 The COUNTY hereby acknowledges that no rights or remedies, nor shall it relieve the other party
Minority Business Enterprises (MBE) participation from performing any subsequent obligations strictly in
level has been established for this AGREEMENT; accordance with the tenns of this AGREEMENT. No
however, both parties agree to provide the other waiver shall be effective unless in writing and signed
- advance notice of competitive contracts that may by the party against whom enforcement is sought Such
result from this AGREEMENT along with timelines waiver shall be limited to provisions of this
for public notice and award of such contracts. In the AGREEMENT specifically referred to therein and
event subsequent competitive contract awards do shall not be deemed a waiver of any other provision.
result in MBE participation, such participation shall ~o waiver shall constitute a continuing waiver unless
be reported to the other party. Both the COUNTY the writing states otherwise.
and the DISTRICT will ensure compliance with the Should
prOVISIOns of their respective program, laws, 11.4 any term or prOVISIOn of this
ordinances and policies and will support the other's AGREEMENT be held, to any extent, invalid or
initiatives to the extent allowed by law. unenforceable, as against any person, entity or
circumstance during the term hereof, by force of any
ARTICLE 11 - GENERAL PROVISIONS statute, law, or ruling of any forum of competent
jurisdiction, such invalidity shall not affect any other
11.1 Notwithstanding any provisions of this term or provision of this AGREEMENT, to the extent
AGREEMENT to the contrary, the parties shall not be that the AGREEMENT shall remain operable,
held liable for any failure or delay in the performance enforceable and in full force and effect to the extent
of this AGREEMENT that arises from fires, floods, permitted by law.
strikes, embargoes, acts of the public enemy, unusually 11.5 This AGREEMENT may be amended only
severe weather, outbreak of war, restraint of
Government, riots, civil commotion, force majeure, act with the written approval of the parties hereto.
of God, or for any other cause of the same character 11.6 This AGREEMENT states the entire under-
which is unavoidable through the exercise of due care
and beyond the control of the parties. Failure to standing and AGREEMENT between the parties and
perform shall be excused during the continuance of supersedes any and all written or oral representations,
such circwnstances, but this AGREEMENT shall statements, negotiations, or contracts previously
otherwise remain in effect "This provision shall not existing between the parties with respect to the subject
matter of this AGREEMENT. The COUNTY
-
Page 8 of 10, Exhibit "B"
A~enda Item No. 16B8
Contract ile:\Coun~etre ~/~
12 of 17
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.
e SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
recognizes that any representations, statements or other warnings, against hazards.
negotiations made by DISTRICT staff do not suffice
to legally bind the DISTRICT in a contractual 12.7 The COUNTY shall take reasonable
relationship unless they have been reduced to writing precautions for safety of, and shall provide reasonable
and signed by an authorized DISTRICT protection to prevent damage, injury, or loss to:
representative. This AGREEMENT shall inure to the
benefit of and shall be binding upon the parties, their 12.7.1 employees on the work and other
respective assigns, and successors in interest. persons who may be affected thereby; including
pedestrians, visitors, or traveling public;
ARTICLE 12 - SAFETY REQUIREMENTS
12.7.2 the work, materials, and equipment to
12.1 The COUNTY shall require appropriate be incorporated therein; whether in storage on or off
personal protective equipment in all operations where the site, under care, custody or control of the
there is exposure to hazardous conditions. COUNTY, or the COUNTY's subcontractors; and
12.2 The CO"IDlTY shall instruct employees 12.7.3 other properties at the site or adjacent
required to handle or use toxic materials or other thereto; such as trees, shrubs, lawns, walks, utilities,
hannful substances regarding their safe handling and pavement, roadways, structures, building, vehicles,
use, including instruction on the potential hazards, and equipment not designated for removal, relocation
personal hygiene and required personal protective or replacement in the course of work.
measures. A Material Safety Data Sheet (MSDS)
shall be provided by the COUNTY to the 12.8 The COUNTY shall provide first aid services
DISTRICT on each chemical product used. and medical care to its employees.
12.3 The COUNTY shall comply with the 12.9 The COUNTY shall develop and maintain an
standards and regulations set forth by the effective fire protection and prevention procedures
Occupational Safety and Health Administration and good housekeeping practices on the work site
(OSHA), the Florida Department of Labor and throughout the AGREEMENT.
Employment Security and all other appropriate
federal, state, local or DISTRICT safety and health 12.10 Emergencies: In emergency affecting safety of
standards. persons or property on or about the site or as a result
of the work; the COUNTY shan act, timely and with
12.4 It is the COUNTY's sole duty to provide safe due diiigence, to prevent threatened damage, injury,
and healthful working conditions to its employees and or loss.
those of the DISTRICT on and about the site of
AGREEMENT perfonnance. 12.11 Environmental: When the COUNTY,
COUNTY's contractors, or subcontractors, use
12.5 The COUNTY shall initiate and maintain an petroleum products, hazardous chemicals, or any
accident prevention program which shall include, but (lIller chemicals used on or about the site, the
shall not be limited to, establishing and supervising COUNTY shall be responsible for handling these
programs for the education and training of employees chemical constituents in accordance with federal,
in the recognition, avoidance, and prevention of state and local regulations during the terms of the
unsafe conditions and acts. AGREEMENT. For accidental discharges or
relt:ases onto the floor, air, ground, surface waters,
12.6 The COUNTY shall erect and maintain, as ground waters, it shall be the COUNTY's sole
required by existing conditions and perfonnance of responsibility to respond immediately to clean the
the AGREEMENT, reasonable safeguards for safety site, at his expense, to the complete satisfaction of
and protection, including posting of danger signs and federal, state, local regulatory agencies and to the
DISTRICT requirements.
Page 9 of 10, Exlub:t "B"
A~enda Item No. 1688
Contract ile:\Coun1"tl~ ~/~4
13' of 17
.
.
.. SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXHIBIT "B"
- GENERAL TERMS AND CONDITIONS
12.12 The DISTRICT may order the COUNTY to
halt operations under the AGREEMENT, at the
COUNTY's expense, if a condition of immediate
danger to the public and/or mSTRICT employees,
equipment, or property exist. This provision shall not
shift the responsibility or risk of loss for injuries or
damage sustained from the COUNTY to the
DISTRICT; and the COUNTY shall remain solely
responsible for compliance with all federal, state and
local safety requirements, provisions of this section,
and safety of all persons and property on or about the
site.
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Page 10 of 10, Exhibit "B"
A~enda Item No. 1688
Contract ile:\Countno.re ~ll}f084
14 of 17
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EXHIBIT "e"
Statement of Work
Contract Number: OT040070
Project Title: Real Time Kinetic (RTK) Global Positioning System (GPS) Network
A. Introduction/Background
Collier County, Transportation Service Division (TSD) maintains a comprehensive inventory of roadway
infrastructure assets. To maximize the life of all the roadway infrastructure assets with the least overall cost, the
TSD needs to record and report on its value and condition of all existing assets. To meet that requirement, the TSD
is developing a highly accurate Geographic Information System (GIS) of the county roadways and roadway assets.
In order to maintain the database and to improve the accuracy of some asset information, Collier County wishes to
establish a countywide RTK GPS with fixed reference stations, which also log static data. The area of concern
covers approximately one thousand four hundred (1,400) square miles and it is the intention to have centimeter level
precision coordinates in user defined coordinate systems/datum (horizontal and vertical) available.
B. Objectives
The goal of this project is for the District to provide $60,000.00 funding to Collier County to develop a system that
shall allow all of the survey measurements taken in the coverage area to be on one datum, allowing for more
informed management and planriing. Through this project, an RTK GPS network will be developed for the urban
and rural Collier County. The updated information will be useful to perform Hydrologic and Hydraulic (H&H)
system analysis in the BCB area under SFWMD. The data of the TSD's GIS based roadways and transportation
infrastructure will be highly useful while analyzing floods, drainage, and water conservation in the BCB area.
The system will be compatible with all commonly used GPS, AUTOCAD, and GIS hardware and software.
Furthermore, data will be collected in user definable formats, including but not limited to, State Plane Coordinate
Florida East Projection North American Datum 1983 (NAD83/90) and both National Geodetic Vertical Datum 1929
(NGVO 29) and North American Vertical Datum 1988 (NA VD 88). Data should be deliverable as either ASCII
point files or ESRI shape files and easily imported into AutoDesk and ArcGIS. To that end, the TSD seeks a
Vendor with proven prior experience to deliver and install a comprehensive system able to meet the needs.
c. Scope of Work
The scope of services include the installation of the GPS equipments necessary to create a centimeter accurate RTK
network spanning the approximate one thousand four hundred (1,400) square miles, which comprise Urban and Rural
Collier County. The Collier County TSD will seek assistance from a vendor in designing and installing a GPS
system capable of logging static GPS observations as well as broadcasting RTK corrections to provide reliable
resolution of ambiguities over the Metropolitan Collier County (MCC). Corrections will be available in industry
standard formats and broadcast via modems or an equivalent technology. Static observation data will be available
for download via an IP address. Necessary support shall be provided to get the system operational and provide
technical support as necessary to insure normal operation of the system.
Agenda Item No. 1688
June 8, 2004
Page I of 2, Eliliibit "C', Agreement OT040070 15 of 17
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D. Work Breakdown Structure
The project shall be comprised of the following tasks:
(A) Determination of suitable base locations and installation of base statioDS and suitable hardware and
software for their operation
(B) Assist in the determination of the base station coordinates
(C) Integration of base stations as necessary for normal operation
(D) Assist in the development of user horizontal and vertical datums
(E) Sample Data Collection and Evaluation
The tasks of the project will be completed within a maximum period of9 months.
E. Summary Schedule of Tasks and Deliverables
The deliverables for this project include a ftnal report explaining outcomes of the various tasks. The fmal report
should include infonnation of the hardware and software installed as a part of the project The infonnation on the
vertical datum, data collected, and data base stations should be provided in the fmal report. The complete payment
will be made upon submission of the deliverables and receipt of the invoice.
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Agenda Item No. 1688
Page 2 of 2, Exhibit "C", Agreement OT040070 June 8. 2004
16 of 17
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EXHIBIT "D"
PAYMENT AND DELlVERABLES SCHEDULE
Total payment by the DISTRICT shall not exceed the amount of $60,000.00. All invoices shall be accompanied by
adequate documentation to support actual expenditures incurred by the COUNTY within the not-to-exceed amounts
specified below in accordance with Article 3.2 of the Agreement. Payment by the DISTRICT is further subject to
receipt of documentation to demonstrate completion of each task in accordance with Exhibit "C" Statement of Work
requirements. The COUNTY is responsible for reviewing and approving dcliverables from the consultant to ensure
that project objectives are met. The CITY is also responsible for project management, budget management and
quality control with the vendor.
Task I Deliverable I Due Date'" T DISTRICT
I Not-to Exceed
Pavrnent
Task A-E: Final Report 9 months $60,000.00
:-.rot-to Exceed Total Payment $60,000.00
'" All dates are referenced from the date of contract execution.
Agenda Item No. 1688
Page I of 1, Exhibit "D", Agreement OT040070 June 8, 2004
17 of 17
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EXECUTIVE SUMMARY
Board Approval of Nine (9) Adopt-a-Road program Agreements at the Board of County
Commissioners meeting on-June 8, 2004
OBJECTIVE: To approve for execution by the Board of County Commissioners Agreements
signed by the volunteer groups of cenain adopted roadways under the Collier County Adopt-a-
Road program.
CONSIDERATIONS: that the volunteer groups so named be recognized as the sponsors of the
particular segments of roadway named in the Agreements, to perform litter removal in
accordance with instructions contained in the Agreement.
FISCAL IMPACT: The cost of a roadside sign at either end of the roadway segment listing
the volunteer group as sponsor and responsible for keeping the area free of litter. The cost of
these signs is $2,700.00 taken from the Transportation Services Fund (101) and source of funds
are Ad Valorem Taxes.
RECOMMENDATION: That the Board of County Commissioners recognizes the volunteer
------ groups listed on the Agreements as the sponsors or Lite listed roadways and the Chairman execute
the Agreements on behalf of Collier County.
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Agenda Item No. 1689
June 8,.2004
1 of 38
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COLLIER COUNTY
BOARD OF COUNTY COMMISS1ONF..RS
.--
Item Number 1 f>f39
Item Summary Rs:;ommend Be.aid's approval of l'\d(;pt-,.'\.R':~:'3d PrGgram Agr~f.'m~:nt:; (9) for
;::re~dc-m Tr;3ng;e, 19l~sia Pmlteccst11 Per,if'i, Neapc.litan C;v~i3n Cilib. .HJb!!""
F3~H'y' Chiropractic. The 8cardrcJ(Jm Surf Shc:p. ~;orop!im:~.t Club \:~f Naplesl
Pa:rr:etto Rk:ge High Scho(J! i\.1archir.g Sand, \liP R~atty. Rich Conte, :slBnd
'vVa;k Homeownerf; Asscciatiofl.
Meeting Date 6/9/2004 9:00'00 A~J~
Approved By
Jeff f'.lalzk".,. A"i~mf1" C"Uf1ty Atbr'1eii (Jilt'..
Cr;:;:~ty Mo::o~"";)-s. Off:c~ Gvun!y Attvnl"Y om,,/! 5in:Zl)il4 n.02 AM
Approved By
Joi',n Vlk4 RoC:}os M3int'U=3m;:~ Sup~ri(,1~ncj3'~;' D~l"
TC3I1spcrti.:-r. Services Ro<:d M3:~t~:1~:1:;e 5!27:'2C{M 'l1:2,} AM
Approved B)'
$narn:l NoL~wrnnn A~~o:Jnt)ng ~iurervi:=;nr I)ate
T~(m$pt)rtior: S~I"":t.:~S. Trd!nS:~!lf~Oi:.i;)n Acm::~:strClth)rl 5.127;20.0411:1:; ftl.M
Approved By
Dic:m~ P~(rY::~3:: E:-.,,~;;ut~,;~ S~t:r~~~~'Y D~t~
rr~nspf}ii!(")r: S~rv".r.:".~s "!'PH.'~s;vrt:-:!ti~H' S.(,~;r./io:., Arl~::1. 5i??'/?OH4 :5::m PM
Approved By
...,..-....
N'mn E. "~d~!. AICP ;- rQ~;~p:';H'!;;'~;'!'sr; Di';l::;':yll Aclrr;iH:!jt:~tl."l'r O~t..
T!'"~ns~c:th;.~ S<:H'.{:c~s T(3;:s.oor!;j~l{.\n 5l):\lic:~s. A_d~!!!l. 5:27/2004 S_ Ii PM
Approved By
P;;t Lcllnn3rd .;~dministr~ti.y..:- Assis13nt D3t"
CC'~::-:ty M~r:~tJ~r's ';)ffi(';~ Off;\;~ r;r" AA;}n;}g".:m~.:llt. & B.;;J9(.!t ~,1;'H!/.(iO/: f.-?C AM
Approved By
M;t,;h;~~: 3m~y.{;wski M';);:~~~m.~nt.Si:; a.;;d9~i Oir.t1:,;t.;>r Date
CUl:!'lty M~n~~~!"'~ Off:cc Office:!: cf M:":1on3Sferl'l(:mt & at.:dg~t S."2-8i20'3~ 11:(:2 ~oM
,\pproved By
,:;;mcc. V, M'j<ld G.:,ul1t'1 M3113~W' Oat"
OOi>r<l ill C':-'JI1t'f
Ccmm:ssicners COUHty Mnnnf~*l"'~ Offi!;~ ~.i3 i /2n{h~ 1:!1 j:1 M
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Agenda Item No. 1689
June 8, 2004
2 of 38
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COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT
Terms and Conditions
THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this _day
of . 20_, by and between Collier County (hereinafter the "COUNTY"), and the
volunteer group, Island Walk Homeowners Association (hereinafter the "GROUP"), whose
address is 6] 55 Town Center Circle. Suite 101, Naples, Florida 34119
WITNESSETH:
WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free
roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely
maintaining a litter-free Collier County; and
WHEREAS, hy signature below, the GROUP agrees to adopt the segment of roadway
known as Vanderbilt Beach Road from Logan Bhrd. to East of Harvey Bros Canal (the
"Adopted Roadway"), acknowledges thc hazardous nature of picking up litter, and agrees to the
following terms and conditions:
A. THE GROUP SHALL:
1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway.
2. Perform litter removal on the Adopted Roadway in accordance with the Florida
Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida
Manual on Cniform Traffic Control Devices (MUTeD), and the Florida Department of
Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of
which by this reference are incorporated herein.
3. Only allow such persons to participate as are determined by the GROUP to be
responsible enough to safely participate in litter removal activities. Participants must be at least
14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors
participating in the litter remova1. There shall at all times be at least one person 18 years of age
or older who is on site and responsible for supervising all litter removal activities, with no one at
the site under the age of 14 for any reason.
4. Conduct at least two safety procedure meetings per year for its participating members.
Participants must sign the hold harmless agreement provided hy the COUNTY, and attend a
Agenda Item No. 1689
June 8, 2004
3 of 38
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safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to
this Agreement.
5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety
meetings.
6. Remove litter during daylight hours only, in good weather conditions only.
7. Pick up litter on one side of the road at a time.
8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on
medians, or where otherwise hazardous to do so.
9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the
pavement.
10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted
Roadway is objectionable.
11. Obtain required supplies and material from the COUNTY.
12 Place traffic control signs supplied by the COUNTY during trash pickup.
13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times
-
during the litter removal activity. The local maintenance office should be contacted to obtain
safety vests, traftic control signs and litter collection bags at least five (5) days prior to litter
removal activity and return the same when activity is complete.
14. Not wear clothing that will hinder the sight of participants.
15. Coordinate pickup details with the County's project coordinator at least one week prior to
a pickup.
16. Place tilled trash bags aL the site for pickup and disposal by the COUNTY.
I 17. After each pickup, the adopting GROUP coordinator will file a report detailing the
number of people involved, number of bags oflitter collected, composition and estimate of
recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for
making the reports, and filed with the COUNTY project coordinator.
18. The GROUP is encouraged to separate recyclable materials. All proceeds from
redemption of recyclable materials shall become the property of the Group.
19. Unused materials and supplies furnished by the COUNTY shall be returned to the
COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission,
--, be retained by the GROUP during the term of this Agreement.
Agenda Item No. 1689
2 June 8, 2004
4 of 38
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B. THE COUNTY SHALL:
1. Provide safety vests, trash bags, pickup sticks, and traffic control signs.
2. Provide GROUP with an outline pcrtaining to safety regulations.
3. Remove the filled trash bags as soon as possible after the pickup.
4. Remove littcr from the Adopted Roadways only under unusual circumstances, i.e., to
remove large, heavy or hazardous items.
S. Construct and place a roadside sign stating that the GROUP is responsible for keeping the
area free oflitter.
C. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, terminable by
either party, with or without cause, on 30 days written notice to the other party. This Agrcement
creaLes no rights or interest. If. in the sole judgment of the County Project Coordinator, it is
found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY
may terminate this Agreement effcctive immediately. The COUNTY reserves the right to
modify or cancel the program at any time. t] pon the termination of this Agreement by either
party, thc GROUP will immediately return alll'ounty-owned materials to the County project
coordinator.
D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnifY
and hold harmless Collier County and its officers, agents and employees from any claim, loss,
damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group
or by any person performing litter removal as part of the GROUP during the performance of the
Agreement, whether direct or indirect. and whether to any person or property to which Collier
County or said parties may be subject, except that neither GROUP nor any of its members shall
be liable under this provision for damages arising out of injury or damage to persons or property
directly caused or resulting from the sole negligence of Collier County, and its officers,
employees or agents.
Agenda Item No. 1689
3 June 8, 2004
5 of 38
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E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or In
part without the prior written consent of Collier County.
F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement
bctwccn the parties, and may not be modified except by a writing signed by both parties. Any
and all prior understandings between the parties, either oral or written, with respect to the matters
set forth above, have been incorporated and merged into this Agreement. and are otherwise of no
further force or effect. This Agreement is for litter removal activities only. No beautification
activities are authorized by this Agreement.
IN WITl'"ESS WHEREOF, the Parties have caused this Agreement to be executed as of
the date written above.
BOARD OF COUNTY COMMISSIONERS
ATTEST: OF COLLIER COUNTY. FLORIDA
- DWIGHT E. BROCK, Clerk
By: By:
Deputy Clerk Donna Fiala, Chairman
GROUP: ISLAND WALK HOMEOWNERS
ASSOCIATION
By: ~
till. f
Name(print): K.o.e~ C
Title (print): '~eSii)c:J1
Phone # (day): (z'(I)'f'i~_cIY81 (:r..j~,," M~~i..'-.t'~0
Phone # (night): I' AllCk'r.;'" i:c..~ ~I~
Approved as to form and legal sufficiency:
Jeffrey A. Klatzkow
Assistant County Attorney
._.
Agenda Item No. 1689
4 June 8, 2004
6 of 38
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COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT
Terms and Conditions
THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into thisL/-. day
of 11Y1 if ' 2mt1, by and between Collier County (hereinafter the "COUNTY"), and the
volunteer group, VIP Realty, Rich Conte (hereinafter the "GROUP"), whose address is
P. O. Box 110867, Naples, Florida 34108
WITNESSETH:
WHEREAS, the COUNTY and the GROUP rccognize the need and desire for litter-free
roads, and enter Lhis Agreement to permit the GROUP to contribute toward the effort of safely
maintaining a liller-free Collier County; and
WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway
known as Goodlette-Frank Road from Carda Road to Immokalee Road (the "Adopted
Roadway"), acknowlcdges the hazardous nature of picking up litter, and agrees to the following
terms and conditions:
A. THE GROUP SHALL:
1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway.
2. Perform litter removal on the Adopted Roadway in accordance with the Florida
Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida
Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of
Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of
which by this reference are incorporated herein.
3. Only allow such persons to participate as are determined by the GROUP to be
rcsponsible enough to safely participate in litter removal activities. Participants must be at least
14 years of age and the GROU P shall provide at least one adult supervisor for every 5 minors
participating in the litter removal. There shall at all times be at least one person 18 years of age
or older who is on site and responsible for supervising all litter removal activities, with no one at
the site under the age of 14 for any reason.
4. Conduct at least two safety procedure meetings per year for its participating members.
Participants must sign the hold harmless agreement provided by the COUNTY, and attend a
j Agenda Item No. 1689
I June 8, 2004
I 7 of 38
- .
~
~-
safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to
this Agrcement.
5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety
meetings.
6. Remove litter during daylight hours only, in good weather conditions only.
7. Pick up litter on one side of the road at a time.
8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on
medians, or where otherwise hazardous to do so.
9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the
pavement.
10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted
Roadway is objectionable.
11. Obtain required supplies and material from the COUNTY.
12 Place traffic control signs supplied by the COUNTY during trash pickup.
13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times
.-
during the litter removal activity. The local maintenance office should be contacted to obtain
safety vests, traffic control signs and litter collection bags at least tive (5) days prior to litter
removal activity and return the same when activity is complete.
14. Not wear clothing that will hinder the sight of participants.
15. Coordinate pickup details with the County's project coordinator at least one week prior to
a pickup.
16. Place filled trash bags at the site for pickup and disposal by the COUNTY.
17. Aftcr each pickup, the adopting GROUP coordinator will file a rcport detailing the
number of people involved, number of bags oflitter collected, composition and estimate of
recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for
making the reports, and filed with the COUNTY project coordinator.
18. The GROUP is encouraged to separate recyclable materials. All proceeds from
redemption of recyclable materials shall become the property of the Group.
19. Unused materials and supplies furnished by the COUNTY shall be returned to the
COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission,
.- be retained by the GROUP during the term of this Agreement.
Agenda Item No. 1689
2 June 8, 2004
8 of 38
-_._~-- -- ~ ---
"-....-,.-- ~._.._" ._~~ ..,-~ ." ,~.~ -"~----_...>'-- M",_,.',' ._
I I
- .
# .
B. THE COUNTY SHALL:
1. Provide safety vests, trash bags, pickup sticks, and traffic control signs.
2. Provide GROUP with an outline pertaining to safety regulations.
3. Remove the filled trash bags as soon as possible after the pickup.
4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to
remove large, heavy or hazardous items.
S. Construct and place a roadside sign stating that the GROUP is responsible for keeping the
area free of1itter.
C. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, terminable by
either party, with or without cause, on 30 days written notice to the other party. This Agreement
creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is
found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY
may terminate this Agreement effective immediately. The COUNTY reserves the right to
modify or cancel the program at any time. Upon the termination of this Agreement by either
party, the GROUP will immediately return all County-owned materials to the County project
coordinator.
D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify
and hold harmless Collier County and its officers, agents and employees from any claim, loss,
damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group
or by any person pcrforming litter removal as part of the GROUP during the performance of the
Agreement, whether direct or indirect, and whether to any person or property to which Collier
County or said parties may be subject, except that neither GROUP nor any of its members shall
be liable under this provision for damages arising out of injury or damage to persons or property
directly caused or resulting from the sole negligence of Collier County, and its officers,
employees or agents.
Agenda Item No. 1689
3 June 8, 2004
9 of 38
.- ,...
<"
-
E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in
part without the prior written consent of Collier County.
F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement
bctwcen the parties, and may not be modified except by a writing signed by both partics. Any
and all prior understandings between the parties, either oral or written, with respect to the matters
set forth above. have been incorporated and merged into this Agreement, and are otherwise of no
further force or effect. This Agreement is for litter removal activities only. No beautification
activities are authorized by this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of
the date written above.
I BOARD OF COUNTY COMMISSIONERS
1- ATTEST: OF COLLIER COUNTY, FLORIDA
DWIGHT E. BROCK. Clerk
By: By:
Deputy Clerk Donna Fiala, Chairman
~AL TY, RICH CONTE
,'~
Name(print): 2ILi~f) (i) t//-c
Title (print): e e.Jrt.; fT' f__
Phone # (day): '2- 1 2. - 2-() O~ ..-
Phone # (night): 2Sif -6-tJ :;rJ
Approved as to form and legal sufficiency:
Jeffrey A. Klatzkow
Assistant County Attorney
.-
Agenda Item No. 1689
4 June 8, 2004
10 of 38
- - .- - -.---..-
n__._ ....-. ,...-""" "."- -. '0"'__
. I
COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT
Terms and Conditions
'_;L
THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this C -' day
of II, t I , 20d by and between Collier County (hereinafter the "COUNTY"), and the
I
volunte6- group, Palmetto Ridge High School Marching Band (hereinafter the "GROUP"),
whose address is 1655 Victory Lane, Naples, Florida 34120.
WITNESSETH:
WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free
roads, and enter this Agreement Lo permit the GROU P to contribute toward the effort of safely
maintaining a litter-free Collier County; and
WHEREAS. by signature below. the GROUP agrees to adopt the segmcnt ofroadway
known as Oil Well Road from Immokalee Road to East of Palmetto Ridge High School (the
"Adopted Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to the
following terms and conditions:
A. THE GROUP SHALL:
1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway.
2. Perform litter removal on the Adopted Roadway in accordance with the Florida
Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida
Manual on Uniform Tratlic Control Devices (MUTCO), and the Florida Department of
Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of
which by this reference are incorporated herein.
3. Only allow such persons to participatc as arc determined by the GROUP to be
responsible enough to safely participate in litter removal activities. Participants must be at least
14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors
participating in the litter removal. There shall at all times be at least one person 18 years of age
or older who is on site and responsible for supervising all litter removal activities, with no one at
the site under the age of 14 for any reason.
4. Conduct at least two safety procedure meetings per year for it,> participating members.
Participants must sign the hold harmless agreement provided by the COUNTY, and attend a
Agenda Item No. 1689
June 8, 2004
11 of 38
. _.u .--
. .
.
.
,-
safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to
this Agreement.
S. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety
meetings.
6. Rcmove litter during daylight hours only, in good weather conditions only.
7. Pick up litter on one side of the road at a time.
K. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on
medians, or where otherwise hazardous to do so.
9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the
pavement.
10. Remove litter a minimum of om:e monthly, and whenever the appearance of the Adopted
Roadway is objectionable.
11. Obtain required supplies and material from the COUNTY.
12 Place traffic control signs supplied by the COlJNTY during trash pickup.
_. 13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times
during the litter removal activity. The local maintenance oHice should be contacted to obtain
safety vests, tratlic control signs and litter collection bags at least five (5) days prior to litter
removal activity and return the same when activity is complete.
14. Not wear clothing that will hinder the sight of participants.
15. Coordinate pickup details with the County's project coordinator at least one week prior to
a pickup.
16. Place filled trash bags at the site for pickup and disposal by the COUNTY.
17. After each pickup, the adopting GROUP coordinator will file a report detailing the
number of people involved, number of bags of 1 itter collected, composition and estimate of
recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for
making the reports, and filed with the COUNTY project coordinator.
18. The GROUP is encouraged to separate recyclable materials. All proceeds from
redemption of recyclable materials shall become the property of the Group.
19. Unused materials and supplies furnished by the COUNTY shall be returned to the
COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission,
-
be retained by the GROUP during the term of this Agreement.
Agenda Item No. 1689
2 June 8, 2004
12 of 38
--,-.~. ~"-~- ,~~,
, ..~-- -~-".
.----..
..
. .
B. THE COUNTY SHALL:
1. Provide safety vests, trash bags, pickup sticks. and traffic control signs.
2. Provide GROUP with an outline pertaining to safety regulations.
3. Remove the filled trash bags as soon as possible after the pickup.
4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to
remove large, heavy or hazardous items.
5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the
area free 0 fli tter.
C. TERM OF AGREEMENT: This is a month-to-month. at-will agreement, terminable by
either party, with or without cause, on 30 days written notice to the other party. This Agreement
creates no rights or interest. It: in the sole judgment of the County Project Coordinator, it is
found that the GROUP is not meeting the tcrms and conditions of this Agreemcnt, the COUNTY
may terminatc this Agrcemcnt effective immediately. The COUNTY reserves thc right to
modifY or cancel the program at any time. Upon the termination ofthis Agreement by either
party. the GROUP will immediately return all County-owned materials to the County project
coordinator.
D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify
and hold harmless Collier County and its officers, agents and employees from any claim, loss,
damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group
or by any person performing litter removal as part of the GROUP during the performance of the
Agreement, whether direct or indirect, and whether to any person or property to which Collier
County or said parties may be subject, except that neither GROUP nor any of its members shall
be liable under this provision for damages arising out of injury or damage to persons or property
directly caused or resulting from the sole negligence of Collier County, and its officers,
employees or agents.
Agenda Item No. 1689
3 June 8, 2004
13 of 38
. -
, .
<-<
E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in
part without the prior written consent of Collier County.
F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement
between the parties, and may not be modified except by a writing signed by both parties. Any
and all prior understandings between the parties, either oral or written, with respect to the matters
set forth above, have been incorporated and merged into this Agreement, and are otherwise of no
further force or effect. This Agreement is for litter removal activities only. No beautification
activities are authorized by this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of
the date written above.
BOARD OF COUNTY COMMISSIONERS
ATTEST: OF COLLIER COUNTY, FLORIDA
- DWIGHT E. BROCK, Clerk
By: By:
Deputy Clerk Donna Fiala, Chairman
GROUP: Palmetto Ridge High School Marching
Band
, '- /- ",-
By: ())JfiiO h~ () lJ()j;~
' Name(print): .J) ,/ J /i:j,-,r '< < r:fO()( II
Title (print): BJlr I ! J: ( ('(--t,) r
Phone # (day): ,I :2,~ - c,'l -, < c: Sf!
Phone # (night):, -' :7,:A - < -
, {~\
Approved as to form and legal sufficiency:
Jeffrey A. Klatzkow
Assistant County Attorney
-<
Agenda Item No. 1689
4 June 8, 2004
14 of 38
. ~_.~,~-- --. "._", --"'----_._.....~^-
. . I
COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT
Terms and Conditions
THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this _day
of , 20_, by and between Collier County (hereinafter the "COUNTY"), and the
volunteer group, Soroptimist Club of Naples (hereinafter the "GROUP"), whose address is
8 St. Tropez Drive, Naples, FL. 34112.
WITNESSETH:
WHEREAS, the COlJNTY and the GROUP recognize the need and desire for litter-free
roads, and enter this Agreement to permit the GROUP to contribute toward the etTort of safely
maintaining a litter- free Collier County; and
WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway
known as Thomasson Drive, Fern Street and Danford Street from Bayshore Drive to
Bayview Park (thc "Adopted Roadway"), acknowledges the hazardous nature of picking up
litter, and agrees to the tollowing tenns and conditions:
A. THE GROUP SHALL:
I. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway.
2. Perform litter removal on the Adopted Roadway in accordance with the Florida
Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida
Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of
Transportation Design Roadway and Standard Index 601 and 602 (610 for intcrstate), all of
which by this reference are incorporated herein.
3. Only allow such persons to participate as are determined by the GROUP to be
responsible enough to safely participate in litter removal activities. Participants must be at least
14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors
participating in the litter removal. There shall at all times be at least one person 18 years of age
or older who is on site and responsible for supervising all litter removal activities, with no one at
the site under the age of 14 for any reason.
4. Conduct at least two safety procedure meetings per year for its participating members.
Participants must sign the hold harmless agreement provided by the COUNTY, and attend a
Agenda Item No. 1689
June 8,2004
15 of 38
.
,-,
safety meeting conducted by the GROUP beforc participating in a cleanup activity pursuant to
this Agreement.
5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety
meetings.
6. Remove litter during daylight hours only, in good weather conditions only.
7. Pick up litter on one side of the road at a time.
8. Not pick up litter at construction sites, in tunnels, on hridges or over-passes, and on
medians, or where otherwise hazardous to do so.
9. Park all vehicles well clear of the Adopted Roadway, at least 20 fect from the edge of the
pavement.
10. Remove litter a minimum of once monthly, and whcnever the appearance of the Adopted
Roadway is objectionable.
11. Obtain required supplies and material from the COUNTY.
12 Place traffic control signs supplied by the COUNTY during trash pickup.
13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times
-
during the litter removal activity. The local maintenance otTice should be contacted lo obtain
safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter
removal activity and return the same when activily is complete.
14. Not wear clothing that will hinder the sight of participants.
15. Coordinate pickup details with the County's project coordinator at lcast one week prior to
a pickup.
16. Place filled trash bags at the site tor pickup and disposal by the COUNTY.
17. After each pickup, the adopting GROUP coordinator will file a report detailing the
number of people involved, number of bags of litter collected, composition and estimate of
recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for
making the reports, and filed with the COUNTY project coordinator.
18. The GROUP is encouraged to separate recyclable materials. All proceeds from
redemption of recyclable materials shall become the property of the Group.
19. Unused materials and supplies furnished by the COUNTY shall be returned to the
COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission,
.-. he retained by the GROUP during the term of this Agrccment.
Agenda Item No. 1689
2 June 8, 2004
16 of 38
. ,-y- ^....-.'--'''- ,e. ^---.----_..
. . I
.
B. THE COUNTY SHALL:
1. Provide safety vests, trash bags, pickup sticks, and traffic control signs.
2. Provide GROUP with an outline pertaining to safety regulations.
3. Removc the filled trash bags as soon as possible after the pickup.
4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to
remove large, heavy or hazardous items.
5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the
area free of litter.
C. TERM OF AGRF:RMENT: This is a month-to-month, at-will agreement, terminable by
either party. with or without cause, on 30 days written notice to the other party. This Agreement
creates no rights or interest. If. in the sole judgmcnt of the County Project Coordinator, it is
found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY
may terminatc this Agreement effective immediately. The COCNTY reserves the right to
modify or cancel the program at any time. Upon the termination of this Agreement by either
party, the GROUP will immediately return all County-owned materials to the County project
coordinator.
D. HOLD HARMLESS CLAUSE: The (,RO{ IP covenants and agrees that it will indemnify
and hold harmless Collier County and its officers, agents and employees from any claim, loss,
damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group
or by any person performing litter removal as part of the GROUP during the performance of the
Agreement, whether direct or indirect, and whether to any person or property to which Collier
County or said parties may be subject, except that neither GROUP nor any of its members shall
be liable under this provision for damages arising out of injury or damage to persons or property
directly caused or resulting from the sole negligence of Collier County, and its officers,
employees or agents.
Agenda Item No. 1689
3 June 8, 2004
17 of 38
. . .
t
_.
E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in
part without the prior written consent of Collier County.
F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement
between the parties, and may not be modified except by a writing signed by both parties. Any
and all prior understandings between the parties, either oral or written, with respect to the matters
set forth above, have been incorporated and merged into this Agreement, and are otherwise of no
further force or effect. This Agreement is for litter removal activities only. No beautification
activities are authorized by this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of
the date written above.
BOARD OF COUNTY COMMISSIONERS
ATTEST: OF COLLIER COUNTY, FLORIDA
.- DWIGHT E. BROCK, Clerk
By: By:
Deputy Clerk Donna Fiala, Chairman
GROUP SOROPTIMIST CLUB OF NAPLES
By:
2<-
Approved as to form and legal suftlciency:
Jeffrey A. Klatzkow
Assistant County Attorney
.-
Agenda Item No. 1689
4 June 8, 2004
18 of 38
.-...-. --. ",.""., .-- ..~,-
-~'_'__~~_~"_M,~~
- " I
COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT
Terms and Conditions
THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this _day
of , 20_, by and between Collier County (hereinafter the "COUNTY"), and the
volunteer group, The Boardroom Surf Shop (hereinafter the "GROUP"), whose address is
4910 Tamiami Trail, North, Naples, Florida 34103
WITNESSETH:
WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free
roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely
maintaining a litter-free Collier County; and
WHEREAS, by signature below, the GROUP agrccs to adopt the segment of roadway
known as Immokalee Road from U.S. 41 to Goodlettc-Frank Road (the "Adopted Roadway"),
acknowledges the hazardous nature of picking up litter, and agrees to the following terms and
conditions:
A. THE GROUP SHALL:
l. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway.
2. Perform litter removal on the Adopted Roadway in accordance with the Florida
Department of Transportation's Accident Prevention Manual. Safe Field Practices. the Florida
Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of
Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of
which by this reference are incorporated herein.
3. Only allow such pcrsons to participate as are determined by the GROUP to be
responsible enough to safely participate in litter removal activities. Participants must be at least
14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors
participating in the litter removal. Therl~ shall at all times be at least one person 18 years of age
or older who is on site and responsible for supervising all litter removal activities, with no one at
the site under the age of 14 for any reason.
4. Conduct at least two safety procedure meetings per year for its participating members.
Participants must sign the hold harmless agreement provided by the COUNTY. and attend a
Agenda Item No. 1689
June 8, 2004
19 of 38
-
-,
safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to
this Agreement.
5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety
meetings.
O. Remove litter during daylight hours only, in good weather conditions only.
7. Pick up litter on one side of the road at a time.
8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on
medians, or where otherwise hazardous to do so.
9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the
pavement.
10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted
Roadway is objectionable.
11. Obtain required supplies and material from the COUNTY.
12 Place traffic control signs supplied by the COUNTY during trash pickup.
13. Ensure that all participants wear COUNTY supplied or approvcd safety vests at all times
-
during the litter removal activity. The local maintenance office should be contacted to obtain
safety vests, traffic control signs and littcr collection bags at least five (5) days prior to litter
removal activity and rcturn the same when activity is complete.
14. Not wear clothing that will hinder the sight of participants.
15. Coordinate pickup details with the County's project coordinator at least one week prior to
a pickup.
16. Place filled trash bags at the site for pickup and disposal by the COUNTY.
17. After each pickup, the adopting GROUP coordinator will file a report detailing the
number of people involved, number of bags of litter collected, composition and estimate of
recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for
making the reports, and filed with the COUNTY project coordinator.
18. The GROUP is encouraged to separate recyclable materials. All proceeds from
redemption ofrecyclablc materials shall beeome the property of the Group.
19. Unused materials and supplies furnished by the COUNTY shall be returned to the
COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission,
_. be retained by the GROUP during the term of this Agreement.
Agenda Item No. 1689
2 June 8, 2004
I 20 of 38
---. ~ ",,-_. --,.."- ,_.,"
- , I
B. THE COUNTY SHALL:
1. Provide safety vests, trash bags, pickup sticks, and traffic control signs.
2. Provide GROUP with an outline pertaining to safety rcgulations.
3. Remove the filled trash bags as soon as possible after the pickup.
4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to
rcmove large, heavy or hazardous items.
5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the
area free ofLitter.
C. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, terminable by
either party, with or without cause, on 30 days written notice to the other party. This Agreement
creates no right.. or interest. If, in the sole judgment of the County Project Coordinator, it is
found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY
may terminate this Agreement effective immediately. The COUNTY reserves the right to
modify or cancel the program at any time. Upon the termination of this Agreement by either
party, the GROUP will immediately return all County-owned materials to the County project
coordinator.
D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnifY
and hold harmless Collier County and its officers, agents and employees from any claim, loss,
damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group
or by any person performing litter removal as part of the GROUP during the performance of the
Agreement, whether direct or indirect, and whether to any person or property to whieh Collier
County or said parties may be subject, except that neithcr GROUP nor any of its members shall
be liable under this provision for damages arising out of injury or damage to persons or property
directly caused or resulting from the sole negligence of Collier County, and its officers,
cmployees or agents.
Agenda Item No. 1689
3 June 8, 2004
21 of 38
-~
. . .
-
E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in
part without the prior written consent of Collier County.
F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement
between the parties, and may not be modified except by a writing signed by both parties. Any
and all prior understandings between the parties, either oral or written, with respect to the matters
set forth above, have been incorporated and merged into this Agreement, and are otherwise of no
further force or effect. This Agreement is for litter removal activities only. No beautification
activities are authorized by this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of
the date written above.
BOARD OF COUNTY COMMISSIONERS
ATTEST: OF COLLIER COUNTY, FLORIDA
,- DWIGHT E. BROCK, Clerk
By: By:
Deputy Clerk Donna Fiala, Chairman
Approved as to form and legal sufficiency:
J etTrey A. Klatzkow
Assistant County Attorncy
-
Agenda Item No. 1689
4 June 8, 2004
22 of 38
,----.--.-- .---.,.., '-'""" .. .~'..'- '-~'''---~""''''
. .. I
COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT
Terms and Conditions
JA
THIS COLLIER COUNTY ADOPT -A-ROAD AGREEMENT entered into this,).) day
of _JArr I , 20ri, by and between Collier County (hereinafter the "COUNTY"), and the
volunteer group, Jubilee Family Chiropractic (hereinafter the "GROUP"), whose address is
6445 Willow Park Dr., Suite 150, Naples Florida 34109.
WITNESSETH:
WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free
roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely
maintaining a litter-free Collier County~ and
WHEREAS, by signature below. the GROUP agrees to adopt the segment ofroadway
kno~n as Vanderbilt Beach Road from Airport Pulling Road to 1-75 (the "Adopted
Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to the following
terms and conditions:
A. THE GROUP SHALL:
1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway.
2. Perform litter removal on the Adopted Roadway in accordance with the Florida
Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida
Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of
Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of
which by this reference are incorporated herein.
3. Only allow such persons to participatc as arc dctcrmined by the GROUP to be
rcsponsible enough to safely participate in litter removal activities. Participants must be at least
14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors
participating in the litter removal. There shall at all times be at least one person 18 years of age
or older who is on site and responsible for supervising all litter removal activities, with no one at
the site under the age of 14 for any reason.
4. Conduct at least two safety procedure meetings per year for its participating members.
Participants must sign the hold harmless agreement provided by the COUNTY, and attend a
Agenda Item No. 1689
June 8, 2004
23 of 38
,
.
-
safety meeting conducted hy the GROUP before participating in a cleanup activity pursuant to
this Agreement.
5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety
meetings.
6. Remove litter during daylight hours only, in good weather conditions only.
7. Pick up litter on one side of the road at a time.
8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on
medians, or where otherwise hazardous to do so.
9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the
pavement.
10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted
Roadway is objectionable.
11. Obtain required supplies and materi;\) from the..cQllliTY.
12 Place traffic control signs supplied by the COUNTY during trash pickup.
13. Ensure that all participants wear COUNTY supplied or approved safety vests at all ti!lles
,.,-
during the litter removal activity. The local maintenance office should be contacted to obtain
safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter
removal activity and return the same when activity is complete.
14. Not wear clothing that will hinder the sight of participants.
15. Coordin~t~Eickup details with the County's project coordinator at least one week P.rior to
<lpic~~1jJ.
16. Place filled trash bags at the site for pickup and disposal by the COUNTY~
17. After each pickup, the adopting GROUP coordinator will file a report detailing the
number of people involved, number of bags of litter collected, composition and estimate of
recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for
making the reports, and filed with the COUNTY project coordinator.
18. The GROUP is encouraged to separate recyclable materials. All proceeds from
redemption of recyclable materials shall become the property of the Group.
I
I 19. Unused materials and supplies furnished by thc COUNTY shall be returned to the
i
i
I COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission,
1- be retained by the GROUP during the term of this Agreement.
Agenda Item No. 1689
') June 8, 2004
24 .of 38
I
~-_. ---_..~- ---""
-. .~~- ~."-".,
-. ---
. . I
B. THE COUNTY SHALL:
1. Provide safety vests, trash bags, pickup sticks, and traffic control signs.
2. Provide GROUP with an outline pertaining to safety regulations.
3. Remove the tilled trash bags as soon as possible after the pickup.
4. Remove litter from the Adopted Roadways only under unusual circumstances, Le., to
remove large, heavy or hazardous items.
5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the
area free of litter.
C. TERM OF AGREEMENT: This is a ~onth-to-month, at-will agreement, terminable by
either party, with or without cause, on 30 days wTitten notice to the other party. This Agreement
creates no rights or interest. If, in the sole judgment of the County Projcct Coordinator, it is
found that thc GROUP is not meeting the terms and conditions of this Agreement, the COUNTY
may terminate this Agreement et1ective immediately. The COUNTY reserves the right to
modifY or cancel the program at any time. Upon the termination of this Agreement by either
party, the GROUP will immediately return all County-owned materials to the County project
coordinator.
D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnifY
and hold harmless Collier County and its officers. agents and employees from any claim, loss,
damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group
or by any person performing litter removal as part of the GROUP during the performance of the
Agreement, whether direct or indirect, and whcther to any person or property to which Collier
County or said parties may be subject, except that neither GROUP nor any of its members shall
be liable under this provision for damages arising out of injury or damage to persons or property
directly eaused or resulting from the sole negligence of Collier County, and its officers,
employees or agents.
Agenda Item No. 1689
3 June 8, 2004
25 of 38
. . .
-
Ii:. NO ASSIGNMENT: This Agreement is non-tmnsferable and non-assignable in whole or in
part without the prior written consent of Collier County.
F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement
between the parties, and may not be modified except by a writing signed by both parties. Any
and all prior understandings between the parties, either oral or written, with respect to the matters
set forth above, have been incorporated and merged into this Agreement, and are otherwise of no
I
further force or effect. This Agreement is for litter removal activities only. No beautification
activities are authorized by this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of
the dale wrillen above.
BOARD OF COUNTY COMMISSIONERS
ATTEST: OF COLLIER COUNTY, FLORIDA
- DWIGHT E. BROCK. Clerk
By: By:
Deputy Clerk Donna Fiala. Chairman
CHIROPRACTIC
By:
Approved as to form and legal sufficiency:
JelTrcy A. Klatzkow
Assistant County Attorney
-
Agenda Item No. 1689
4 June 8, 2004
26 of 38
.....---. _.."._~-~--- --'~""'-- ",,'~'.~,~" . ......"-.~--_...
. .
COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT
Terms and Conditions
THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this _day
of , 20_, by and between Collier County (hereinafter the "COUNTY"), and the
volunteer group, Neapolitan Civitan Club (hereinafter the "GROUP"), whose address is 4031
Gulf Shore Blvd N. #61, Naples, Florida 34103.
; WITNESSETH:
WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free
roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely
maintaining a litter-free Collier County; and
WIIEREAS, by signaturc below, the GROUP agrees to adopt the segment of roadway
known as Seagate Drive from U.S. 41 to Crayton Road (the "Adopted Roadway"),
acknowledges the hazardous nature of picking up litter, and agrees to the following terms and
conditions:
A. THE GROUP SHALL:
1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway.
2. Perform litter removal on the Adopted Roadway in accordance with the Florida
Department of Transportation" s Accident Prevention Manual, Safe Field Practices, the Florida
Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Departmcnt of
Transportation Design Roadway and Standard Indcx 601 and 602 (610 for interstate), all of
which by this referencc arc incorporated herein.
"'l Only allow such persons to participate as are determined by the GROUP to be
J.
responsible enough to safely participate in litter removal activities. Participants must be at least
14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors
participating in the litter removal. There shall at all times be at least one person 18 years of age
or older who is on site and responsible for supervising all litter removal activities, with no one at
the site under the age of 14 for any reason.
4. Conduct at leastlwo safety procedure meetings per year for its participating members.
Participants must sign the hold harmless agreement provided by the COUNTY, and attend a
Agenda Item No. 1689
June 8, 2004
27 of 38
.
--
safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to
this Agreement.
S. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety
meetings.
6. Remove litter during daylight hours only, in good weather conditions only.
7. Pick up litter on one side of the road at a time.
8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on
medians, or where otherwise hazardous to do so.
9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the
pavement.
10. Remove litter a minimum of once monthly, and whcncver the appcarance of the Adopted
Roadway is objectionable.
11. Obtain requircd supplies and material from the COUNTY.
12 Place traflic control signs supplied by the COUNTY during trash pickup.
13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times
-
during the litter removal activity. The local maintenance office should be contacted to obtain
safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter
removal activity and return the same when activity is complete.
14. Not wear clothing that will hinder the sight of participants.
15. Coordinate pickup details with the County's project coordinator at least one week prior to
a pickup.
16. Place filled trash bags at the site for pickup and disposal by the COUNTY.
17. After cach pickup, the adopting GROUP coordinator will tile a report detailing the
number of people involved, number of bags oflitter collected, composition and estimate of
recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for
making the reports, and filed with the COUNTY project coordinator.
18. The GROUP is encouraged to separate recyclable materials. All proceeds from
redemption of recyclable materials shall become the property of the Group.
19. Unused materials and supplies furnished by the COUNTY shall be returned to the
COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission,
- be retained by the GROUP during the term of this Agreement.
Agenda Item No. 1689
2 June 8, 2004
28 of 38
___..e,... ._~"-"-- ....-.-""'<"....--. '--"""',,-_. "".---.- ,>~-~-,..._,..
. I
B. THE COUNTY SHALL:
1. Provide safety vcsts, trash bags. pickup sticks, and traffic control signs.
2. Provide GROUP with an outline pertaining to safety regulations.
3. Remove the filled trash bags as soon as possible after the pickup.
4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to
remove large, heavy or hazardous items.
S. Construct and place a roadside sign stating that the GROUP is responsible for keeping the
area free of litter.
C. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, terminable by
either party, with or without cause. on 30 days writtcn notice to the other party. This Agreement
creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is
found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY
may terminate this Agreement effective immediately. The COUNTY reserves the right to
modify or cancel the program at any time. Upon the termination of this Agreement by either
party, the GROUP will immediately return all County-ov.ned materials to the County project
coordinator.
D. HOLD HARMLESS CLAIJSE: The GROUP covenants and agrees that it will indemnify
and hold harmless Collier County and its officers, agents and employees from any claim, loss,
damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group
or by any person performing litter removal as part of the GROUP during the performance of the
Agreemcnt, whether direct or indirect, and whether to any person or property to which Collier
County or said parties may be subject, except that neither GROUP nor any of its members shall
be liable under this provision for damages arising out of injury or damage to persons or property
directly caused or resulting from the sole negligence of Collier County, and its officers,
employees or agents.
Agenda Item No. 1689
3 June 8, 2004
29 of 38
.
. >
1
.-
E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in
part without the prior written consent of Collier County.
F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement
between the parties, and may not be modified except by a writing signed by both parties. Any
and all prior understandings between the parties, either oral or written, with respect to the matters
set forth above, have been incorporated and merged into this Agreement, and are otherwise of no
further force or effect. This Agreement is for litter removal activities only. No heautification
activities are authorized by this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be exccuted as of
the date written above.
BOARD OF COUNTY COMMISSIONERS
ATTEST: OF COLUER COUNTY, FLORIDA
- DWIGHT E. BROCK, Clerk
By: By:
Deputy Clerk Donna Fiala. Chairman
By:
rint): Syd Fishman
Tltl (print): P~~r PrP~ ~ ,~ of nirectors
Phone # (day): ?63-.7G2n
Phone # (nighthr){\ ni XI t.;% fl:nCl
Approved as to form and legal sufficiency:
Jeffrey A. Klatzkow
Assistant County Attorney
-
Agenda Item No. 1689
4 June 8,.2004
30 of 38
-". ,.-- '. ~~- - -.-.......--,..
. ~ I
.
.
COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT
Terms and Conditions
THIS COLLIER COUNTY ADOPT-A-ROAD AGREEME~T entered into this _day
of , 20_, by and between Collier County (hereinafter the "'COUNTY"), and the
volunteer group, Iglesia Pentecostal Peniel (hereinafter the '"GROUP"), whose address is 7757
107U1 Ave, Naples, Florida 34108.
WITNESSETH:
WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free
roads, and enter this Agreement to permit the GROUP to contribute toward the etfort of safely
maintaining a litter-free Collier County; and
WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway
known as Coronado Blvd. (the "Adopted Roadway"), acknowledges the hazardous nature of
picking up litter, and agrees to the tollowing terms and conditions:
A. THE GROUP SHALL:
1. Obcy and abide by all laws and regulations relating to safety on the Adopted Roadway.
2. Perform litter removal on the Adopted Roadway in accordance with the Florida
Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida
Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of
Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of
which by this reference are incorporated herein.
3_ Only allow such persons to participate as are determined by the GROUP to be
responsible enough to safely participate in litter removal activities. Participants must be at least
14 years of age and the GROUP shall provide at least one adult supervisor tor every 5 minors
participating in the litter removal. There shall at all times be at least one person 18 years of age
or older who is on site and responsible tor supervising all litter removal activities, with no one at
the site under the age of 14 for any reason.
4. Conduct at least two safety procedure meetings per year for its participating members.
Participants must sign the hold harmless agreement provided by the COUNTY, and attend a
Agenda Item No. 1689
June 8, 2004
I 31 of 38
---~._- --
. ,
.
-
safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to
this Agreement.
S. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety
meetings.
6. Remove litter during daylight hours only. in good weather conditions only.
7. Pick up litter on one side of the road at a timc.
8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on
medians. or where otherwise hazardous to do so.
9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the
pavement.
10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted
Roadway is objectionable.
1l. Obtain required supplies and material from the COUNTY.
12 Place tratlic control signs supplied by the COlJNTY during trash pickup.
13. Ensure that all participants wear COUNTY supplied or approved safcty vests at all times
-
during the litter removal activity. The local maintenance office should be contacted to obtain
safety vests, traflic control signs and litter collection bags at least five (5) days prior to litter
removal activity and return the same when activity is complete.
14. 1\ ot wear clothing that will hinder the sight of participants.
15. Coordinate pickup details with the County's project coordinator at least one week prior to
a pickup.
16. Place filled trash bags at the site for pickup and disposal by the COUNTY.
17. After each pickup, the adopting GROUP coordinator will file a report detailing the
number of people involved. number of bags oflitter collected, composition and estimate of
recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for
making the reports, and tiled with the COUNTY project coordinator.
18. The GROUP is encouraged to separate recyclable materials. All proceeds from
redemption of recyclable materials shall become the property of the Group.
19. Unused materials and supplies furnished by the COUNTY shall be returned to the
COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission,
- be retained by the GROUP during the term of this Agreement.
Agenda Item No. 1689
2 June 8, 2004
32 of 38
-~_._-- "~"...... ~,-'-' - ..- ""- '~-'-
. . I
. .
.
B. THE COUNTY SHALL:
1. Provide safety vests, trash bags, pickup sticks, and traffic control signs.
2. Provide GROUP with an outline pertaining to safety regulations.
3. Remove the filled trash bags as soon as possible after the pickup.
4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to
remove large, heavy or hazardous items.
5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the
area free of litter.
C. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, terminable by
either party, with or without cause, on 30 days writtcn notice to the other party. This Agreement
creatcs no rights or interest. If, in the sole judgment of the County Project Coordinator, it is
found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY
may terminate this Agreement effective immediately. The COUNTY reserves the right to
modify or cancel the program at any time. Upon the termination of this Agreement by either
party, the GROUP will immediately return all County-owned materials to the County project
coordinator.
D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify
and hold harmless Collier County and its officers, agents and employees from any claim, loss,
damage, cost, charge or cxpcnsc arising out of any act, action, neglect or omission by the Group
or by any person performing litter removal as part of the GROUP during the performance of the
Agreement, whether direct or indirect, and whether to any person or property to which Collier
County or said parties may be subject, except that neither GROUP nor any of its members shall
be liable under this provision for damages arising out of injury or damage to persons or property
directly caused or resulting from the sole negligence of Collier County, and its officers,
employees or agents.
Agenda Item No. 1689
3 June 8, 2004
33 of 38
. ~
. ~
.
-
E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in
part without the prior written consent of Collier County.
F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement
between thc parties, and may not be modified except by a writing signed by both parties. Any
and all prior understandings between the parties, either oral or written, with respect to the matters
set forth above, have been incorporated and merged into this Agreement, and are otherwise of no
further force or etTect. This Agreement is for liner removal activities only. No beautification
activities are authorized by this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of
the date written above.
BOARD OF COUNTY COMMISSIONERS
ATTEST: OF COLLIER COUNTY, FLORIDA
DWIGHT E. BROCK. Clerk
By: By:
Dcputy Clerk Donna Fiala.. Chairman
Approved as to form and legal sufficiency:
Jeffrey A. Klatzkow
Assistant County Attorney
.-
Agenda Item No. 1689
4 June 8,2004
34 of 38
-..,..-------" ------
~-~ - - - - --
..
COLLIER COUNTY ADOPT -A-ROAD PROGRAM AGREEMENT
Terms and Conditions
THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this _day
of , 20_, by and between Collier County (hereinafter the "COUNTY"), and the
volunteer group, Freedom Triangle Assoc. (hereinafter the "GROUP"), whose address is
2448 Bayside Street, Naples, Florida 34112
WITNESSETH:
WHEREAS, the COUNTY and the GROCP recognizc the need and desirc for litter-free
roads, and entcr this Agreement to permit the GROUP to contribute toward the effort of safely
maintaining a litter-free Collier County; and
WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway
known as Shadowlawn Drive, Lois Street & Bayside Street (the "Adopted Roadway"),
acknowledges the hazardous nature of picking up litter. and agrees to the following terms and
conditions:
A. THE GROUP SHALL:
1. Obey and abide by all Jaws and regulations relating to safety on the Adopted Roadway.
2. Perform litter removal on the Adopted Roadway in accordance with the Florida
Department of Transportation's Accident Prevention Manual, Safe Field Practices, thc Florida
Manual on Uniform Traffic Control Devices (~lUTCD), and the Florida Department of
Transportation Desif:1 Roadway and Standard Index 601 and 602 (610 for interstate), all of
which by this reference are incorporated herein.
3. Only allow such persons to participate as are determined by the GROUP to be
responsible enough to safely participate in litter removal activities. Participants must be at least
14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors
participating in the litter removal. There shall at all times be at lea,,! one person 18 years of age
or older who is on site and responsible for supervising all litter removal activities, with no one at
the site under the age of 14 for any reason.
Agenda Item No. 1689
June 8,2004
35 of 38
~
4. Conduct at least two safety procedure meetings per year for its participating members.
Participants must sign the hold hannless agreement provided by the COUNTY, and attend a
safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to
this Agreement.
5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety
meetings.
6. Remove litter during daylight hours only, in good weather conditions only.
7. Pick up litter on one side of the road at a time.
8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on
medians, or where otherwise hazardous to do so.
9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the
pavement.
10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted
Roadway is objectionable.
.-.. 11. Obtain required supplies and material from the COUNTY.
12 Place traffic control signs supplied by the COUNTY during trash pickup.
13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times
during the litter removal activity. The local maintenance office should be contacted to obtain
safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter
removal activity and return the same when activity is complete.
14. Not wear clothing that will hinder the sight of participants.
15. Coordinate pickup details with the County's project coordinator at least one week prior Lo
a pickup.
16. Place filled trash bags at the site for pickup and disposal by the COUNTY.
17. After each pickup, the adopting GROUP coordinator will file a report detailing the
numbcr of people involvcd, number of bags oflittcr collccted, composition and estimate of
recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for
making the reports, and filed with the COUNTY project coordinator.
18. The GROUP is encouraged to separate recyclable materials. All proceeds from
redemption of recyclable materials shall become the property of the Group. I
Agenda Item No. 1689
2 June 8, 2004
j 36 of 38
~._~. . > .-..~ ... ._-_.
_. 1
. .
19. Unused materials and supplies furnished by the COUNTY shall be returned to the
COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission,
be retained by the GROUP during the term of this Agreement.
B. THE COUNTY SHALL:
1. Provide safety vests, trash bags, pickup sticks, and traffic control signs.
2. Provide GROUP with an outline pertaining to safety regulations.
3. Remove the filled trash bags as soon as possible after the pickup.
4. Remove litter from the Adopted Roadways on Iy under unusual circumstances, i.e., to
remove large, heavy or hazardous items.
S. Construct and place a roadside sign stating that the GROUP is responsible for keeping the
area free of liUer.
C. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, terminable by
either party, with or without cause, on 30 days written notice to the other party. This Agreement
creates no rights or interest. It: in the sole judgment of the County Project Coordinator, it is
found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY
may terminate this Agreement effective immediately. The COUNTY reserves the right to
modify or cancel the program at any time. Upon the termination of this Agreement by either
party, the GROUP will immediately return all County-owned materials to the County project
coordinator.
D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indcmnify
and hold harmless Collier County and its officers, agents and employces from any claim, loss,
damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group
or by any person performing litter removal as part of the GROUP during the performance of the
Agreement, whether direct or indirect, and whether to any person or property to which Collier
County or said parties may be subject, except that neither GROUP nor any of its members shall I
be liable under this provision for damages arising out of injury or damage to persons or property ,
Agenda Item No. 1689
3 June 8, 2004
37 of 38
. .-- ..-------
.
. .
,.._,.
directly caused or resulting from the sole negligence of Collier County, and its officers,
employees or agents.
E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in
part without the prior written consent of Collier County.
F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement
between the parties, and may not be modified except by a writing signed by both parties. Any
and all prior understandings between the parties, either oral or written, with respect to the matters
set forth above, have been incorporated and merged into this Agreement, and are otherwise of no
further force or effect. This Agreement is for litter removal activities only. No beautification
activities are authorized by this Agreement.
IN WlTNESS WHEREOF, the Parties have causcd this Agreement to be executed as of
the date written above.
-
BOARD OF COUNTY COMMISSIONERS
A TrEST: OF COLLIER COUNTY, FLORIDA
DWIGHT E. BROCK, Clerk
By: By:
Deputy Clerk Donna Fiala, Chairman
GROUP FREEDOM TRIANGLE ASSOC.
By: d~/U
Name(print): Of" tie k G:--11. i LN
Title (print): Ik," f I i) ,,_'1
Phone # (day): 1-39 I/t"?- 1394
Phone # (night):
Approved as to fonn and legal sufficiency:
Jeffrcy A. Klatzkow
Assistant County Attorney
Agenda Item No. 1689
4 June 8, 2004
38 of 38
--- --.. ~----_..
- _;~_"W
,-,
EXECUTIVE SUMMARY
A Resolution by the Board of County Commissioners, Collier County, Florida, authorizing a
speed limit reduction from forty-five miles per hour (45 MPH) to thirty-five miles per hour (35
MPH) on Northbrooke Drive from Northbrooke Plaza Drive to 200 feet north of Mill Creek Lane
for a distance of 0.2 miles. The approximate cost is $400.00.
OBJECTIVE: To gain Board approval of a Resolution to reduce the speed limit on a portion of
Northbrooke Drive at an approximate cost of $400.00.
CONSIDERATIONS: A speed limit study was recently conducted by the Traffic Operations
Department (Attachment 1) based upon a request from residents in the Cypress Woods
development. Study results indicated that a lower speed limit of 35 MPH on a designated section
of Northbrooke Drive is warranted to accommodate the nearby residential neighborhood, the
geometric condition of the roadway, and the volume of construction traffic on the roadway. A
speed reduction on the designated roadway section will assist in keeping traffic flowing
smoothly while lessening the potential for vehicular accidents at the intersection of Northbrooke
Drive and Northbrooke Plaza Drive.
A total of four (4) new signs, two (2) speed limit and two (2) "Reduced Speed Ahead", will be
-- required to provide adequate notice of reduced speed to motorists. County forces will install
signage.
FISCAL IMPACT: The estimated cost of installing the necessary speed limit and "Reduced
Speed Ahead" signs is approximately $400.00. Funds are available in the Transportation
Services Fund (101).
GROWTH MANAGEMENT L\1PACf: This action will result in no growth management
impact.
RECOMMENDATION: That the Board approve the Resolution reducing the speed limit on a
designated section of Northbrooke Drive, authorize the Chairman to execute the Resolution, and
authorize staff to erect the appropriate traffic control signs,
--
Agenda Item No. 16810
June 8, 2004
1 of 4
.."",._"'....~,,.._. ''''''''.''-''''><<-,"''.0''''''"'''''',,,,,,--,,,...--, """'.,.,,,.'.,j""'_~""'''''''''''''''''.'''''''',",_8''''''_
COLLIER COUNTY
,-
BOARD OF COUNTY COMMISSIONERS
Item Number 16810
Item Summary t\ RElselution authodzing i! SPHE;d limit dm:rtli!St, from foriy-fivH miiHs per h(;ur
(45 MPH) te thirty.f:vt; mil!!:; pHr hour (35 MPH) or; Norlh~;ro()k0 Drivt, from
Northbrooke Plaza Dr:ve to 200 feet north of Mil! Creek Lane for a d:slance of
0.2 miles.. The approximate cost is $.100.00.
Meeting Date 6/8/2004 9:00:00 AM
Appro~'ed By
Robr:!'t W. Tipton, P.E. County Traffic Oper.1tions Enginr:M Dilte
Transportion Services Traffic Operationsl ATM 512512004 4: 36 PM
Appro\'ed By
T,',~m!; Optlration,; and An, Tr<:ms
Diane B. flagg M(;dM f.lj{llctor Dilte
Tf<'\nspcft~{)n Ser;;h,~e$ Traffic Opl';,."th'ns! ATM 517.512004 5:(17. PM
Appro\"ed By
,leff KliltzhlW A'5sistant Ct>t:niy Attomey 03{e
County Manager',;; Offio.:e Couniy Attorney Offi,''ol 5!25120M 8:35 AM
."",- Apprond By
Shar.:m Newman Accounting Supervisor Dilte
Transport:::.n Services Transportation Administraticn 925120048:12 AM
Appro~'ed By
Dianr: Pr:rry!'l1<:m Ex"cutive Secretarl Dilte
rr~1nsportion S~rviC(l$ Tr,lnsportatlo'1 Sr:r..icr:ii Acn1ln. 512712004 6:38 PM
Apprond By
Nmm E. Ftldl';", AICP Tr.~nspor1:ati{)n Oiyir;~"n Administmtor Oat",
Transport.i\~f1 Sr;rvir;l';s T'..~nSr;oltatj()ll Stlr\lktl;, Adn1ir., 5!27!7.004 :t44 PM
Approved By
Pat Lehnhafd Adminhltraiivfi A,;;sistant D~tl:l
County M3llilgfif'S Office Office ,If Man311ern..mt 8. Bw.fgl:lt 5128120048:30 AM
Appro~'ed By
Micha!:l Smykowski Managcm!:nt & Eludg!:t Director Date
County M31lilglH"S Office Office I.lf Man311ernl:lnt 8. Bw,igl:li 5128120iJ4 3: to PM
Approved By
Jil!'l1E>l\ V. M!;dd County Man.1ger Oat"
eOilr~ of C,,!;nfy
Comm.ssionr:rs County Maf1ilg!if'"s Office 5131!2004 2:03 PM
-
Agenda Item No. 16810
June 8, 2004
20f4
. _. "-" . -.~~ ~._._..
RESOLUTION NO. 2004-_
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNfY, FLORIDA, AUTHORIZING A SPEED LIMIT REDUCfION FROM
FORTY-FIVE MILES PER HOUR (45 MPfO TO THIRTY-FIVE MILES PER HOUR
(35 MPH) ON NORTHBROOKE DRNE FROM NORTHBROOKE PLAZA DRIVE
TO 200 FEET NORTH OF MILL CREEK LANE FOR A DlST ANCE OF 0.2 MILES.
WHEREAS, Chapter 316, Florida Statutes, pennits the Board of County Commissioners
(BCC) to alter established speed limits on roads under its jurisdiction; and
WHEREAS, Northbrooke Drive falls under the jurisdiction of the BCC and has a forty-five
miles per hour (45 MPH) speed limit; and
WHEREAS, in accordance with Chapter 316, Florida Statutes, the BeC may alter such
existing speed limits as may be appropriate upon the basis of an engineering and traffic investigation;
and
WHEREAS, the results of the County's engineering and traffic investigation indicate that tb~
reduced speed limit of thirty-five miles per hour (35 MPH) is reasonable and safer under the conditions
found to exist and that it conforms to criteria promulgated by the County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMtYIISSIONERS OF COLLIER COUNTY, FLORIDA THAT:
SECfION I: The BCC does hereby establish a thirty-five miles per hour (35 MPH) speed limit on
Northbrooke Drive from Northbrooke Plaza Drive to 200 feet north of Mill Creek Lane for a distance
of 0.20 miles, and does hereby direct the Collier County Traffic Operations Depanment to erect
appropriate advance warning ("Reduce Speed Ahead") signs and speed limit signs giving notice
thereof.
SECfION 2: A copy of this Resolution shall be forwarded to the Collier County Sheriffs Office for
proper enforcement of the established speed limit for Northbrooke Drive within the designated
segmenL
SECTION 3: The effective date of the speed limit decrease shall be after written notification to the
Sheriffs Office and upon posting of appropriate signage.
This Resolution adopted after motion, second. and majority vote favoring same this
day of ,2004.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY. FLORIDA
BY:
, Deputy Clerk DONNA FIALA. Chail1l1an
Agenda Item No. 16810
June 8, 2004
30f4
~---t
Memorandum Attachment 1
1 of 1
^-'.
To: Robert W. Tipton, P.E., County Traffic Engineer
From: Steve Yu, P.E., Engineer
C.C.: Diane Flagg, Traffic Operations and Alternative Transportation Modes
Department Director
Date: April 22, 2004
Subject: Speed limit Study at Northbrooke Drive
The speed limit study and field evaluation have been completed for the above location. The findings
and suggestions are as follows:
1. The current existing speed limit is 45 MPH.
2. The speed data are collected from two locations of the road: 400 ft. north and 200 ft.
south of the International College. The data attached is a combination from both
locations.
3. The field test drives have also been conducted as a part of the study.
4. The data collected from the field shows that the 85th percentile speed is 40.5 MPH on
the southbound and 40.7 MPH on the northbound traffic. The 10 MPH pace is 32 - 41
MPH on both directions.
5. The FOOT document "Speed Zoning for Highways, Roads, and Streets in Florida"
states: A speed limit should not differ from the 85th percentile speed or upper limit of the
10 mi/h pace by more than 3 milh and it shall not be less than 8 mi/h. (FOOT Manual
Number 750-010-002, 1997 Edition)
6. Analvsis: The measured 85th percentile speed of 40.7 mi/h on the northbound and
40.5 mi/h on the southbound traffic would normally result in a 40mi/h speed limit. Given
the factor of. the subject roadway section geometry, the number of construction truck
associated with the Cypress Woods development and the pedestrians from the nearby
residential neighborhood, a 35mi/h speed limit would be appropriate. The field test
drives yield a comfortable travel speed at 35 milh.
7. Recommendation: Based on the field speed data (85th percentile speed, 10 milh pace
speed), field test-drive, roadway review and FOOT requirements, we..recommend
changing the speed limit of the subject roadway from 45 mi/h to 35 mi/h.
Attached with this memo are Vehicle Spot Speed Study and the raw speed data collected on the
subject roadway for you review. Thanks.
-
Agenda Item No. 16B10
Transportation Services Division June 8, 2004
4 of 4
Transportation Operations Department
Traffic Operations Section
-.-.--.
.. ~-~
EXECUTfVESU~ARY
.,--.
Approve Work Order No. BOC-FT-04-10 with Bonness, Inc. for intersection improvements in the
amount of $110,326.93 on Golden Gate Parkway at Collier Boulevard, Project No. 66065.
OBJECTIVE: To receive the Board of County Commissioners approval of Work Order
No. BOC-FT-04-10 for intersection improvements on Golden Gate Parkway at Collier Boulevard.
CONSIDERATIONS: The intersection of Golden Gate Parkway and Collier Boulevard is currently
experiencing safety and operational deficiencies. The proposed improvements will improve the traffic
capacity at this intersection by adding an additional ea'ltbound left turn lane, while other median
modifications will improve the safety and operation of the intersection.
Public information meetings were held on August 27, 2003 and August 28. 2003 to gain input from
affected business owners and residents. Based upon comments from the public. including the Golden
Gate Area Beautification MSTU Advisory Committee, the design was modified to meet the needs of the
area while still preserving the safety and operational aspects desired by staff.
Upon completion of the design, requests for quotes were sent out to contrdctors. Three proposals were
received as follows:
Bonness, Inc. APAC-Florida Better Roads, Inc,
$110,326.93 $124,310.60 $129,182.20
Construction of this project is scheduled to begin on July 19, 2004 and will be complete by mid-
~ Septembcr. The signing and marking plan sheet for the proposed work is attached.
FISCAL IMPACT: Funds in the amount of $110,326.93 are available in the Transportation Supported
Gas Tax Fund 313, Project 66065.
GROWTH MANAGEl\1ENT IMPACT: There is no growth management impact resulting from this
project.
RECOMMENDATIONS: That the Board of County Commissioners approve Work Order # BOC-FT-
04-10 with Bonness, Inc. as referenced herein, and authorize staff to issue a Notice to Proceed to begin
construction of the improvement<;,
.-
Agenda Item No. 16811
June 8, 2004
1 of 9
..~..."'..,- _._,.... '._,._..-.."~H '+hW;'_'''_''___'''c'"y',m".,;.,h'~''!b;",_.'''. ~ ,."..-.........".....,..-."
COLLIER COUNTY
SOARD OF COIJNTY COMM1SSIONF..RS
,,-,
Item Number 1681 ':
Item Summary Appmlif: Work Or(j.". N". BOC-FT-04.10 '",ith 80nness, Inc. fc.r ;;,;msecticn
inif:.cvements in the mi,t1Unt o~ $1': 0,326.93 on Golden Galf: Park\'iay at Coil;-:,.
BOU:f:vf:rol PrcJ~;c! Nr.'. fi6Clm.
Meeting Date 6:8:2004 9:00:00 ,"o....t
Prepared By
Olllni"IH"ll Proj~(;t M~(k1g{:! Olllt>>
Tran!!lp<>rtian SI>r..'e;"!!l Yl:<:M !i111Il0114 Hi;!!:U;:; AM
Approved By
Linda ,i3<:kt'vn (;vntra~!!l A\j<,nt llat"
Adrn;":st'lllti~ll S~rvju.>$ ?\.m;hlllsln~ 5120120042.14 PM
Approved By
St,,,ro:, Nf:Wlnllln .~ccountil1~ Sup"""lsol' O"tll
l' ran~pcrtjQf. S~rvk:e$ T:r~r:sporta,i{'tn Adr;.:F..,t.raticn 5:2112001. 7'13 PM
Approved By
Soo"" Carn,,1l S'u!'r;h~!;jngjGeH~p.ral s\!C~ n::e~~tc( Dioltll
Ad>nir:i;;tr"t...." S""".c"", Pt..:!ch~~i(lg 5j21/100~ ~:02 PM
Appro,'ed By
O<llfJ A. Salholl, P.f:. i'rlnielp.::;l ?rojfJet Manager Oat~
T_Cilt1$portJc.m $~rv:ce~ Tr(l~sp{crt2ltion Engin~cnng and Sf24i20(J,! t:C~ AM
COfl$\rur;!,if;t;
Appro,'ed By
Gregg R. StraKaiuse ! l'cao~portt!ltkJn Enuin~ari~t~f
Construction Mgmt Dl,ector O<lte
Tr1t!l"p",ticr: S"nl'c"" rransport.::;tl<m E:1gineert"$l ;md !i1".elIZ01l4 2.4..'1 PM
C!Jfi~trUt.:th)!"'!
Approved By
01<l:1fJ Perr/man :!;<ecutlve Secr.;-t;or/ O<lte
rranspr;rtior: 5fli';.C;~1'; ":"r;jro$portatinn $('..../it";~~ Admin. !ii?rllCtl4 ;i;~1 PM
Approved By
~~f;rm E. F!!d*:'f Alep ~f.~;sp(,)rtt!ltj~Jrs Divis:QU I\dmin~$tt<<{f.'H' [l:.t"
Tr~fs~fJCrti~r. Sf:r,:cC:!!i '!ran$port~!i(Jn S~r\lices Ad~,l!l. 512712004 2.4l! PM
Approved By
P;;;t Lchnnard Admlnlstr;otl.e Assistant Date
C""nty M"ln"ls...r'", ()ft:Cll {lff;;;" <>f I,ll>nag"m"nt & El.;dil"t 517.!ii20(lt. ~'33 AM
Approved By ..
Mien1tll: Smylw.."ki M.."..g.m:.."; & ~;.ldy"t Oi,,,;;(;)r Dioltll
COt:(ltv M~n~~~r'!i Offit:tl omell ef Mana9"m"nt & Budgllt 6f1 !2004 11 :09 AM
Approved By
Leo E. Oens, J,. O~.p;.rty COUf'~t'i Manager O<lte
BO<lrd cf County C<lU"(jI MltM.tl""'$ Offir-.e
Cem",'s",;e"",s 6!1!:mO,l ..:21 PM
.-
Agenda Item No. 16811
June 8, 2004
2of9
---- -<'...-<
....- ..-
.. (;{,~, )
pL-
WORK ORDER # BOC-Ff-04-10
"Annual Contract for Roadway Contractors"
Contract #02-3327, Dated March 26, 2002
This Work Order is for Roadway Contractor's Services, subject to the tenns and conditions of the Contract
referenced above, for work known as: Golden Gate Parkway Intersection Improvements at Collier
Boulevard
The work is specified in the proposal dated April 28, 2004 attached hereto and made part of this Work Order. In
accordance with Terms and Conditions of the Agreement referenced above, Work Order # BOC-IT-04-10 is
assigned to Bonness, Inc.
Scooe of Work: As detailed in the attached proposal and the following:
Construct intersection improvements on Golden Gate Parkway at Collier Boulevard in accordance ""ith the
drawings as prepared by the Transportation Engineering and Construction Management Department, Sheets 1- 6
dated March 26, 2004.
Schedule of Work: Complete work within 60 calendar days from receipt of the Notice to Proceed.
Comoensation: In accordance with the Agreement, the County will compensate the Firm in accordance with
negotiated amount of $110,326.93 as provided in the attached proposal.
Itemized not to exceed amount $ 110.326.93
TOTAL FEE $ 110.326.93
Any change made subsequent to fmal department approval will be considered an additional service and charged
according to an executed Change Order as enumerated in Exhibit D of the Agreement.
~f?' /!)~ ~ 17-/ a.lJ s-- 7-tJ'-/
Date 5~~Y
.t""
Date -r-;~i/
~
ACCEPTED BY:
Date: May 5, 2004
Bonness. Inc.
ATTEST: ~.m'O~F~
(Corporate Secretary) .
'~~'11~ BY.'Si;~ --
~ David Hurd, Vice President
By: \/: -.. ~ Type Name and Title
'{. .' Se t
~rlmatlng ere arv
Type Name and Title
Agenda Item No. 16811
June 8, 2004
3 of 9
'Ji.. G~\:"4 .:> )pj;:.y
IlAY-05~Z004 OQ:I!AU FRO~BC>>lNESS I Ne +U15877416 T-44Q P.002l003 F-0Q7
. .
.
BONNESS mc.
JllmDi - Sltc-oooriI CoDlnatn
..- 11190 Seward MeDUe
}.I. pies. ftorlda HIllS
(Ug) 5ll7-6111
(139) 597-7.16 fax
Proposal 412712004 e~U: Info@boDJJeUlnc.com
Submitted To; Collier County Transportation Operatiol1& Bid TIlle: Golden Gate P.~y @ 951
Dept. (Revised 2004)
Add....s: 2705 Horseshoe Dr. S. Bid NumlMt:
Naples. FL 34104 Project Locallon; Golden Gate
Contact: Daniel Hall, P.E.
PreJKt City, &tIIle; Naples. FL
Phone: (239)774-8494 Fax: (23Q)6sg.5787 !ngln..rfArchllect: Julio Ordonez. P.E.
Item No. Item OesCl1pt1on !stImllllld Quantity Unit UnIt Pric:. Total Prlce
101- 1- MOBILlZA1l0N 1.00 L.S $11,057.48 $11.057.48
102. 1- MAINTENANCE OF TRAFFIC 1.00 L.S $5,858.15 $5.658.15
102-76 ADVANCE WARNING ARROW PANEl.S 40.00 UDAY $18.93 $677 .20
(2) (20DAYS EaCll)
102-99-1 SIGN, VARIABLE MESSAGE 60.00 UDAY $28.2.2 $1,693.20
(TEMPORARY)
110- 1- 1 CLEARING & GRUBBING 1.00 LS $6,100.14 $6.100.14
120- 1- EXCAVATION REGULAR 193.00 CY $19.00 $3,667.00
120- 6- EMBANKMENT 206.00 CY $18.08 $3.724.48
285-71~67 BASE OPTIONAL ABC - 3 ( 367.00 SY $31.20 $11.450.40
;,
331- 72-10 ASPH CONe lYPE S (f.) 2.328.00 SY $3.45 $8.031.60
331- 72- 20 ASPH CONC lYPE S (2") 367.00 Sy $11.77 $4.319.59
425-11. DRAINAGE STRUCTURE MODIFY 1.00 EACH $1.741l.B3 $1,749.83
520- 1- 10 CURB & GlITTER CONC (TYPE F) 750.00 LF $17.03 $12,772.50
520- 2- 1 CURB CONC (TYPE A) 637.00 LF $15.69 $9.994.53
522- 2. SIDEWALK CONC (IS" THICK) 55.00 Sy $50.80 $2.794.00
--.., 526. 70. 1 BRICK PAVERS (ROADWAY) 24.00 SY 594.91 $2.277.84
575- ,. SODDING 1,000.00 SY $3.22 $3,220.00
560-327.111 LANDSCAP5I'J...LOWANCE 1.00 EACH $15.000.00 $1~.000.00
700- 40- 1 SIGN SINGLE POST (LESS 6.00 EACH $180.62 $1.083.72
n-lAN 12)
700- 41.10 SIGN MULTI POST (SO OR 2.00 EACH $282.23 $564.46
LESS)
700- 48- 18 SIGN PANeLS (F & I) (15 OR 2.00 EACH $56.45 $112.90
<)
708- 3- RETRCJ.REFLECTIVE PAVEMENT 84.00 EACH $3.95 $331.80
MARKERS
711- 3- PAVT MESSAGES 12.00 EACH $73.38 $860.56
THERMOPLASTIC
711. 4- DIRECTIONAl. ARROWS 20.00 EACH $45.16 $903.20
TH~MOPLASTIC
711.5-1 GUIDE LINES 122.00 LF $0.56 $68.32
(lliERMOPLASTIC) (WHrre) $47.60
71 ,- 33- TRAFFIC STRIPE SKIP 85.00 L.F $0.56
(THERMOPLASTIC) (WHITE) $588.35
711- 35- 61 TRAFFIC STRIPE SOUD 1.303.00 LF $O.~
(THERMOPLASTlC)(WHlTE) ( 6'1
711. 3&. 81 TRAFFIC STRIPE SOI..IO ~72.00 LF $0.90 $514.80
(THERMOPlASTIC)lWHITE) (81 239.00 $1.24 $298.3ti
711.35-121 TRAFFIC STRIPE sauD LF
(THERMOPLASTlC)(WHITE) (12")
I'lICIC 1 of :2
_.
...__...,,",-~-~'" "_.0, ,."_."'- -~.. ....--.. _..-
I.IAY-05~2DDC 08: 15A11 FROLHalNE$S I He +amm416 T -CCI P. oat/oat F-08l1
..
A BONl\l"ESS lINe.
~ ~ 5Itc9oda Caomoc:taa
1990 ~atd Annue
Naples. florida "'lOll
(239) SllH211
(1$9) 597-74111 fu
711.35-181 TRAFFIC Sf RIPE SOLID emall: Inf~llenness.it"COJD $2.14 $136.96
{THERMOPLASTlC)(WHIlC} (1O"}
711.35-241 TRAFFIC S1RIPE SOLID 37.00 LF $2.48 $91.76
(THERMOPl.ASTIC)(WH1TE) (24")
711.36-61 TRAFFIC STRIPE SOLID 1.156.00 IF $0.45 $520.20
(THERMOPlASTIC)(YELLOW)( 61
T oUlt Bid P rll>>: SHO,32U3
NollIS: . Sllbjecl to prompt acceplance within 30 days and 10 all conditions stipulated on the revers. sid., we agree to
fumish materials end labor at the priCllls) set tom ebove.
. RlKtlOval and/or replacement or unsuitable materials (I.e. rock and/or muck) below grade is not lncluded.
. Propo5a1 baNd on the plans by Julio Ordonez. P.E. Sheflts 1-6 daled 3/261200<4.
. Permits aI1<:l1or fees [of necoesary) by others.
. This is a unit price bid.
Payment T 1I11T15: Payment dUB within 30 da~s of date of invoice, regardl.ss of when payment is made by Owner
ACcEPTED: CONFIRM!D:
The ab0Y8 prices. speclftc.allons and conditions Bonness Inc. ~tJr-
are saUs'actDIY and are hereby acapt8d.
IlIlyer
Signature Authortzed
Sigm.ture:
Oalll 01 Acceplance EstimalDr. Vie Blasuccl
P"....2nl2
M/?1l1201'14 1:J:~4 239-985-1 Hll Af'AG !:iOJTt-f'_I\ST INC I'AQ "':.!JlrJ
.
, .
wy Intersection Inlprovements @ ColJier Blvd.
- AP AC-SOUl'HEAST, INC.
14299 AlICO ROAD :
"T. MYERS, I'L 33913
Contact: Bill Ketron II
Phone: 1.39-267-7767 ~ :
Fox: 239-985-1101 OR 239-267-1336
Quotc To: Collicr County Transpol1lltion nivi~ion Dare: April 28, 2004
267S Horseshoe Dr. South, Suitc 401 Apar. Quote No.: bk2632
Naples, FL 34104 Job Nome: Golden Gale l'kwy/C:ollicr Blvd
Phllne: 239-774-&192
p;;;;- 239.774,9170 Date of PIa liS. 3/18/04 & 3/26/M
Rcvi~ion I:!ate:
Albl: Daniel G. Hall PE.. ~ I
ReVIsed Quantities rcceived 4/15104 via Roma;1
.-
ITE.:I.f DESCRJPTION QUANTITY UNIT UNIT PRICE AMOUNT
10 L-I MOBILIZATION 1.00 LS 6.00000 c..000.00
102.1 MAINTENANCE 01' TRAFFIC 1.00 LS 2750000 27 .500.00
- AIlV AT'(:E WARNING PA"'''ELS 2@20 DAYS 40.00 16.50 672.00
'102-76 ED
10299 VARIAlH E MESS~riE SIGN 2@20DAYS 60.00 - ED )!Ulf) I.CillO.OO
, 1I0-1-1 STANDARD CLEARING & GRUBBING 1.00 LS 8,500.00 8,500.00
~..., EXCA V A TION --_. .- . 193.00 CY 10.00 1,930.00
]20-1
EMBANKMENT 206:00 . . 2S.5S 5,263.30
120.(, CY
2&5-7 - --357.00 29.55 10.844.85
ABC.) (9") SY
.B1:72-10 TYPE S.1lI ASPlIAL T (I") 2.3 28.00 SY 4.15T 9,66120
331.72-20 TYPE S.' ASPHALT (2") 367.00 Sy .-. 14.60 S,35M.20
----- 1.00 Doo:Oo-
425-11-4" MODlF\' EXlSTlN(; STRCCTURF. (TOP ONLY) EA 2.500.00
520-1'10 TYPE "F" CONe CURB & GUTTER 750 00 LF 11.75 U12.5U
---- TYPE .. A" CONCRETE CURB 637.00
520-2.1 LF 10.35 6.59295
-- .. 55.00 f--- 50.50
522.2 CONCRT:.TE smr:WAIK (6") SY 2.777.50
526-}-2 PAVERS (SIDEWALK) 24.00 SY 65.40 1,569.60
- 575-]-4 SODDING (FLORA TAM) 1,000.00
Sy } 80 2 .ROO 00
. .~Ho-n7.lll LANDSCAPING ALLOWANCE --_.-._".- 100 15.000.00
LS 15,000.00
700-40-1 S[GN S1NGU!-I'OST 600 lOA IIrl 00 1.07.000
..----- --..
700-41-] 0 SIG:--l MUL Tl-POST 2.D() AS 500.00 1.00000
700.48-18 S1GN'PANEC(F&I)' 2.00 EA . ---- M5.00 170.00
706.3 REFLH-:TIVE PAVM'T MARKERS -- 84.00' --- -- 3.9~
E.A BI.HO
711-' r A VM'T MF.S!'>AGES (THERMO) 12.00 EA /2.80 873.60
71 [.4 DIRECTIONAL ARROWS (THERMO) '20:00- EA 61.60 \,232.00
71 I-Sol GUTOE LTNES (THERMO) W I 22.()!! LF 0.30 36.60
_. 71 J-34 85.00 (nu
SlOP TRAF'F STRIP!! (THER,;'oIfO) W 6-10 LF 1'/.110
711.35.61 .T~F~.:;!~E ~.~~m (THERMO W 6" I)iiflio LF 0.50 651.50
711.35-81 TRAFF STRIPE SOUD (THERMO) W 8" 572-00 .. LF '---b.oS nl.~U
.. -_. ----._- - -- - .-
]>~gc I
)
-
~.._" . ...>~,--,-'. ........
-','-' .--
l' ~ :. . . l .' . I . l
..-- I
.- . .1
.' . t,' : I
tl ;t ..
. . t ..... I
. I I
~
. .
. . QlJO~
.
,--- SETTER ROADS INC. 04I'W04
1610 SEWARD AVE.
NAPLES, FL. 341 p9 12:oSf'M
PHONE: (239) 597-2181
FAX; (239) 597-1597
PRoJECT: Y INTERSECTION IMPROVEMENTS BID NO. 04065
LOCATION: GOLDEN GATE PAR
UNIT AMOUNT
101-1 MOB1UZATION 1.00 LS $7,500.00 $7.500.00
102-1 MAINTENANCE OF 1.00 LS SI0,OOO.00 510,000.00
102-7l5 ADVANCE WARNING ROW PANELS (TWO SIGNS, 20 DAYS 40.00 ED $16.00 5640.00
102-99 VARIABLE MESSAGE S GN (THREE SIGNS. 20 DAYS EACH) 60.00 EO $35 00 $2.100.00
110-1-1 STANDARD CLEARING GRUBBINCJ . 1.00 LiS $19,000.00 $19.000.00
120-1 EXCAVATION 193.00 CY $61.00 S11.n3.00 I
12006 EMSANKMENT 206.00 CY $311.00 $7.8211.00 ,
285-7 ASPH. CONC. BAse 367.00 BY $26.00 59,542.00
331-72"10 ASPHALTIC CONC. E S-III (I" THICK, INCL OVERLAY) 2.3211,00 BY 5UO 511,148.00
331-72-20 ASPHALTiC CONc. TY 367 .00 SY 57.80 $2,862.eo
425-1.1-47 MODIFY EXISTJNG D NAGE STRUCTURE (TOP ONLY) 1.00 EA $2,000.00 $2,000.00
520.1-10 CONCREi!: CURB & G TTER TYPE 'p 750.00 LF $13.00 59.750.00
520-2.1 CURB TYPE "p," 637.00 LF 512.00 $7,644.00
522-2 CONCRETE SIDEWALK 5" THICK) 5.5.00 Sy $50.00 52.750.00
526-1-1 PAVERS (ROADWAY) 24.00 SY $17!l.00 $4.200 .00 ,
I
576<1-4 SODDING (FLORATAM) 1.000.00 SY SJ.OO $3.000 .00 !
580-327.111 LANDSCAPING ALLOW NCS 1.00 LS 515,000.00 $15.000.00
700.4 H SIGN SINGLE.POST 6.00 EA $160.00 $960.00
700-41-10 SIGN MULTI-POST 2.00 AS $250.00 $500.00
700-48-18 SIGN PANEl. 2.00 EA 5SO.00 $100.00
706.j REFLECTIVE PAVEMEN MARKERS 84.00 EA $3.50 5294.00
711-3 PAVEMENT MESSAGE THERMOPLASTIC 12.00 EA $85.00 $780.00
711~ DIREcTIONAL AAROW . THERMOPLASTIc 20.00 EA $40.00 seoo.OO
711~1 GUIDe UNEs. THERMO !.ASTIC. WHITE 122.00 LF $0.50 $61.00
--- 711-33 S)(]P TRAf'FlC STRIPE ( '. 101 THERMOPlASTIC, WHITE 85.00 u= $0.50 $42.50
711-35-61 TRAFFIC STRIPE, SOU . THERMO. (6" WHITE) 1,303.00 LF $0.40 $521,20
711-35-81 TRAl'FIC STRIPE, SOU ,THERMO. (8" WHITE) 572.00 LF 50.80 $457.60
711-35-121 TRAFFIC STRIPE, SOU. THERMO. (12"WHlTE) 23i.OO LF $1.10 $252.~0
711-35.181 TRAFFIC STRIPE. sou ,THERMo. (18' WHITE) 64.00 LF $1.90 $121.60
711.~241 TRAFFIC STRIPE, SOU, THERMO. (.24"WI'fITE) 37.00 LF $2.20 $61.40
711-36-&1 TRAFFIC STRIPE, SOU . THERMO. (8" ~LLOW) 1,156.00 LF $0.40 $482.40
TOTAL $129.182.20
CONDITIONS:
1 NO PERMITS, FEES.LAY UT. !!lOND OR TESTING INCLUDED.
IF BONO IS REQUIRED 001%.
2 PRICES BASED ON ONE MOElII.IZA TION PER ITEM. ADDITiONAl. MOBIUZA TlONS
WILL BE CHARGED AT $ 50.00 EA. IN ADDITION TO UNIT PRICES.
p... 1
nlf_J '^"'J IU.' ClIO 1110.1" I. ,.,&11 .,.,,,"V >>~II~'WJ Y,JRnl ,. ~ftn'_.'_\lJW
-
'--.<----",,-, ~"..~=-~~ ,., _."...,,---_......._~^_....+...... ,- ~,-,,'" ,,,"*- ._.~M___'
.:..cr. E/4.liTiWARr.
.-
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----- itC.._:r ~lU
-- - (;'(HI)!': \ C.'\TI!: ?_\~....-W,\ Y (C.;:!. eels) .,' ..r.l~ - oc.r;.r-i.r,7
._- ..- [uw..:H: ijC\ji.L'i.~RC (C.K. 9M)
!'HE:p.S(Cr:':::N lM:"RO\'r.)4~T'i ~ . t."~ ~7'):'.1
.. ~ .- ..-:. . 'r~.'''''''---'- f"'''''1r
.lunA R ?004
90f9
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.",......,
EXECUTIVE SUMMARY
A Resolution by the Collier County Board of County Commissioners
authorizing the designation of $120,000 of Collier County's Federal Transit
Administration (FT A) Section 5307 Formula Funds for the Bonita Springs Area
to the Lee County Board of County Commissioners
OBJECTIVE: To obtain Board approval of the attached Resolution that designates
Lee County as the recipient of FT A 5307 Formula Funds for the Bonita Springs area.
CONSIDERA TlON: Federal Transit Administration 5307 Formula Funds are based
on the population density of urbanized areas. The publication of the new urbanized
area boundaries from the 2000 Census illustrates the Naples Urbanized Area
expansion into Lee County. Due to this expansion into the Bonita Springs area, the
FT A funds Collier County receives will include funding for Bonita Springs.
FISCAL IMPACT: The Bonita Springs / Naples FTA 5307 formula funds allocation
for the fiscal year 04 is $962,701. The FT A funds for fiscal year 2004 are budgeted
in Fund 126 in the amount of $842,701. Lee County will submit to FT A for the
balance of $120,000. In fiscal year 2005, the Urbanized Area Allocation Formula that
is published by the Federal Transit Administration will be utilized in order to
determine the distribution of the FTA funds between the two counties.
.",..-...
GROWTH MANAGEMENT IMPACT: Consistent with Object 12 of the
Transportation element of the Growth Management Plan.
RECOMMENDATION: That the Collier County BCC approve the attached
Resolution that designates Lee County as the recipient of FTA Formula funds in the
amount of $120,000.
-
Agenda Item 16B12
June 8, 2004
1 of 3
---~. ....-.'...,""',~._.."', .",._~.-
COLLIER COUNTY
......""- BOARD OF COUNTY COMMISSIONERS
Item Number 15812
Item Summary A Resolution by UH~ Comer Ci)li!1ty Board oi County Commissioners authorizing
thE! de$igmtion of $120.000 oi Collier Cm;r;,y':; Fi~dera! Tran:;ij Adrnini~;tra!ion
FTA} Section ~)30'T Formula Funds for the Bonita Sprin;"1s Area to the Lee
Cown!]' Board of County Commissioners_
Meeting Date 6i8/2004 9:00:00 ,'I,M
Prepared By
Jill M. Brown Public Transportiltion P13nner Date
TrallSp1.>rtioli Serv;cEis T!'3ffie Operations! ATM 5f2S!20044:41):51 PM
Approved By
Diane B. F!il~~g T1'<11'1ic Oper;;tiot1s <1t1d Alt '1'r,lns
Modes Dimctor Do!:b:
Tr.1nsportion Services Tr,lftic Operaticnsl A'1'M 5!2512004 5:24 PM
Approved By
US" H"'r:ddd~.~{)n Mlln.~g~H'!'16nt!81;dgl;lt At'l8iyst O"t\;l
T...msporl.i,~(l S",rvir;ws TrMfir; Operlltirm~.! ATM 5!25!~Oil4 ,1:51 PM
Approved By
Jill M. Bmwli Public Tf'o!:r1sportatioll PIMller Do!:t!"
Tl'ansporl.i\~(l S",rviC6S T,'Mfir; Oper;,;tion,;! ATM 5!26i20il4 8:29 AM
Approved By
Di<1ne Perr/:nan Executive St.cret3ry Date
TrallSp1.>rtioli ServicEis T!'3IlSp1.>rtiltion Sen;ices Admin. 5f27!2()04 7:03 PM
Approved By
Sharon N~wn1;;n Accounting Supe!'Vi!<cr Oat.-,
Tr<1osportiol1 Services Transportatic.n Administration 5i2'ri20G4 2:G2 PM
Approyed By
N-'rm E. F6der. Aiel" TfanspOft....t.i,~(l m...,il\irm Adminis\ratOf Ollte
j'ransprJrtioll Sar/icr:s T1'anspt",rt,ltion Servic~s Admin. 5127!20l.l4 3:10 PM
A pproved By
Pat LEihnh.\rd Administrative Assisto!:lit Date
C'-'lHlty Manager's Offk~e Office (,f r,t~r:ag~mMt 8. Bl,dget 5!28!20M 8::19 AM
Approved By
Micn3el Smyi<.owski Mar:agemel1\ & Budget Director Date
County Milnager's Office Office of Manilgement 5. Budget S!28f2QM 1:,16 PM
Approved By
-
Ja'nils V. Mudd Ccunty 1'I:,1nag~r Di'lte
Bcare of COlmty C'-lIsnty Manager's Offk~e
Commissioners 5131!2004 3::17 PM
Ao"nrl", It"m 1 fiR 1?
June 8, 2004
2 of 3
"--.~ ~""'''~'' __n_"_ - """.""'~"'-""~-' -- -_.~ -- .-----.-".
.._- --
RESOLUTION NO. 2004-
A RESOLUTION BY TIlE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,
FLORIDA, AUTHORIZING THE DESIGNATION OF COLLIER COUNTY'S FEDERAL
TRANSIT ADMINSTRATION (FTA) SECTION 5307 FORMULA FUNDS FOR THE BONITA
SPRINGS AREA TO THE LEE COUNTY BOARD OF COUNTY COMMISSIONERS
WHEREAS,.the Collier County Board of County Commissioners has the authority to enter into
an agreement with Lee County to designate the recipient of Fr A Section 5307 funds for a portion of
Bonita Springs - Naples, PI Urbanized Area shared by Collier and Lee County; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD THAT:
1. Collier County be designated as the recipient of the Ff A Section 5307 Formula Funds for the
Bonita Springs - Naples, FL Urbanized Area
2. The FfA Section 5307 Funds allocated to the Bonita Springs - Naples, F1 Urbanized Area be
equitably shared as follows:
FY-04 $120,000 Lee County
$842,701 Collier County
FY -05 and after: Based on the Urbanized Area Allocation Formula published by the
Federal Transit Administration
3. This Agreement will remain in effect until modified or rescinded by the Collier County Board of
County Commissioners.
This Resolution adopted after motion. second and majority vote favoring same, this _ day
of .2004.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk Donna Fiala, Chairman
Agenda Item 16812
June 8, 2004
30f3
...-_. ---
-, EXECUTfVESU~~ARY
Approve Work Order No. APC-FT-04-01 with APAC-Southeast, Inc. for median improvements in
the amount of $149,538.67 on Radio Road at the San Marcos Boulevard intersection, Project No.
66065.
OBJECTIVE: To receive the Board of County Commissioners approval of Work Order
No. APC-Ff-04-01 for median improvements on Radio Road at San Marcos Boulevard.
CONSIDERATIONS: The intersection of Radio Road and San Marcos Boulevard is currently
experiencing safety and operational deficiencies. Tn 2000 and 2001, 9 accident<; were recorded each year
at this intersection and in 2002 and 2003, respectively, 11 accidents were recorded. A traffic signal
warrant was performed at this intersection and it was found that warrants were not met for the installation
of a traffic signal. In light of these findings, the traffic capacity and safety of the intersection is proposed
to be improved through the use of various median modifications.
Upon completion of the design, requests for quotes were sent out to contractors. Three proposals were
received as follows:
AP AC.Southeast, Inc. Bonness. Inc. Better Roads. Inc.
$149,538.67 $162,596.15 $174,717.5l
Construction of this project is scheduled to begin on June 28, 2004 and will be complete by late-
-- August. The signing and marking plan sheet for the proposed work is attached.
FISCAL IMPACT: Funds in the amount of $149,538.67 are available in the Transportation Supported
Gas Tax Fund 313, Project 66065.
GROWTH MANAGEl\fENT IMP ACT: There is no growth management impact resulting from this
project.
RECOMMENDATIONS: That the Board of County Commissioners approve Work Order # APC-FT-
04-01 with APAC-Southeast, Inc. as referenced herein, and authorize staff to issue a Notice to Proceed to
begin construction of the improvements.
~
Agenda ltem No. 16813
June 8, 2004
1 of 9
---"'~~~~ ----...---, . 'h._"........""..j""'_ ,....".'..'.'---""'..,._.._~.~
COLLIER COUNTY
BOARD OF COUNTY COMM1SS1ONF..RS
- Item Number 16813
Item Summary ApprcN" Vvork Ord,-;r No. APC.FT.04-01 with APl\C.South,:<:st, !n'~. fm median
imprcvements ;n the ..mount 0; $149,f/~8.61 on Radio Rcad at lh" San M<:ro:J:;
BmHf,v"rd intersection, Project n:J. 660Gli.
Meeting Date 6/8:20049:00:00 ,'\1\1
Prepared By
O<llli"IH,,;; Pr(Jj,,<;t Milr'il~"r Oat"
rrao$j')i)rt!or: S~r-';ir;~$ Tl!(:M Sl11120tl4 Hi;,;:!;,;:; AM
Approved By
Unda .!ack<<on '~Qntr"ct~ A\j('m [l"t"
Adm:~::stri:lttv~ S!!r"j<A'~ ?un:has;I1Q 512012D04 2.31 PM
Approved By
Sh~rO:l N{:wn"tC1n Accc:.mUllll Supervisor 0"1,,
'r ran~pcrtjvr\ ~;erv:c:p.~ Tr~r.:5portatl{ln Adf1.if..,t.:-\lticn !\!21!2(!(M ?'14 Nil
Approved By
St"..... Cam"n Pw'r.:h~~;fJgfGe~*r~1 SVC!5 D;;'p.l.~tor D<lt..
AdlY!!n!Hrali',,, Ser",l;:es Pu!"(;h~$i(Jg 5!21"ZOO~ .!t:1C PM
Approved By
Dale A. Bath:>ll, p.r. l"Mniclp.;;1 ?roject Manager Oat"
T'an$~H.:~rtjQ~; Sarv:c.p.~ 'rrilr.;;I'.:,rt2ti:>ll Engineer:ng 2"d
Cou~inJr;tir;n. Sj/.412001~ t;:01 AM
.._.
Approved By
Gregg p~ Str2l<3!use !fo~;~pOt't~t;1.H1 F.,n9in~tl'r::"!9!
Constructicn Mgmt D;?cC'tor Oat"
Trt1n~(J{.Htt~~ SiH\dr.;~!=) Tr3nsport~tj(ln Engin~cM?lg .:;nd 5~5:ZCl)4 2.51 PM
C!.'fS!;i1ructil,)~
Approved B)'
Oia"ll P"rrl':1arl E:(f~cutlv~ Sf)cr.:-t~r/ Oat"
rran~pf)rt~cr: .s",..,,;l';~S 'rr:7FoC$pvftatioo $~rvic~., Admin. SIUI2011<$ iUA PM
Approved By
N<;<m E. ;:"d"r, Ale? !fon~pc.:ut;;\tkJr~ Dt\lh':OH Admin~!;~J~tl.'H. [)"t~
Trr:sfl!OSJ(;rU~n S~r.{:cca~ ! rar:sporb!i<Jn S"rvh::~s AL1ff,i!,. 5!2712004 2.4i! PM
Approved By
p.;;t lchnhard Admil1i!:tr"tl'oi'~ Assistant Date
CCt:nty M~r:;l9p.r's Off:c:e (lff;;;" of M"l'l"!l~m"l'lt. *' fl,;dg('t 5!2lli:.t(!(M $'3~ AM
Appro,'ed By
M;chtlle= Smyk!Jw~ki M"""!;",,,~m & Budg"t Olr..;;tor D<lt..
Co\:!,t)' M~nt:~~('!. Off:l:tl Ofr:c" cf r,.l3nagcrrl"nt 8. Bud;)>)t 6!1!ZQO~ 9:3! .6.M
Appro,'ed By
leo E. Oells, .;r. O.:.iJuty Countt M(}nag~r Oat"
Board cf Count{ Couut.y Mana{~efc$ Offsce
Corr~::}:ssi(,;r:ers lli1!7.nCM 1 {):,tS AM
-
Agenda Item No. 16613
June 8, 2004
20f9
,,"- ,
. , -
I.IID4' .5"
f->U
WORK ORnER # A PC-IT -04-01
"Annual Contract for I{oadway Contractors"
Contract #02-3327. Dated March 26, 2002
This Work Order is for Roadway Contractor's Services, suhject tu the terms and conditions of the Contract
referenced above, for work known as: Radin Rnad M~dilln Improvements at San Marcos Boulevard
The work is specified in the proposal dated 3/8/2004 attached hen:to and made part of this Work Order. In
accordance with Terms and Conditiuns of the Agreement r~ferenced above, Work Order # APC-IT-04-01 is
assigned to APAC-Southeast, Inc.
Scope of Work: As detailed in the attached proposal and the following:
ConSlrucl median impruvements in accurdance with the urawings as Vlevareu uy the TransporUiiioll EngilleeJillg
& Construction Management Department, Sheets 1- 9, dated March 22. 2004.
Schedule of Work: Complete work within 60 calendar days from receipt of the Notice to Proceed.
Coml'ensation: In accordance with the Agreement, the County will compensate the Firm in accordance with
negutiated amount of $149,538.67 as provided in the attached proposal.
Itemized not to ex.cced amount $149,53~.67
TOTAL FEE $149.538.67
Any change made subsequent 10 final department approval will be considered an additional service and charged
accurding to an ex.ecuted Change Order as enumt:rated in Exhibil D of the Agreement.
~ ~ ~ CM.~~J ~ /}l# j-- s - C Lj
Prepared By:
Daniel G. Hall, PE. Project Manager
T.E'&/6DZlt / Date 5k~y
Reviewt:d By: .,,-;;_/ -
~ Gregg R. S rakaluse, PE, Director Date /
T.E. & c. . Department
~ ~ r/P./oi
Approved By: ' I
.-
,,\"VNurma _ Feder. AICP. Adminislrator Date ,
.' Transpor ation Djvison
rorm and
..---t
ACCEPTED BY:
Date: -'1- t!9~ 0 V
APAC-Southeast, Inc.
Name of Firm
ATTEST: .4.7. ?dL J~
(Corpor,li"te Secretary) Q By:
I iJC:-1 t ! ~nat7;w II!?
. <~. -_..- .,' -~'-:... /,
By. ./ h, . .{ I!S Ner"
Q.~"...+ ~". J4Jre.J 0r. I
L,. ~.~ Type Name and Title
Type Name and Title {
Agenda Item No. 16813
June 8, 2004
30f9
- -..
1::1'.1 .I "I LI:J1:J4 t rl; ./::1 LJ:j .:ltl:J-11(Jl '.V.', \'-' ;:)UlJ I rlC-t-\;:) I il'l." rHUC
t.
edian Improvements @ San Marcos Blvd.
,......-...,
AP AC-SOUTIIEAST, INC.
14299 ALlcn nOAD
FT. MYJo-:RS. FL 33913
Contact; B ill KeIrn [)
Phone: B9-267-77G7
I'Rx: 239-985-11 01 OR 239-267-1336
Quote To: Collier Cuunty TransiHlrtlltion Divisiun OdIC; April :/J. 2004
2675 lIorseshoc Ur. South ~I?~_Q~! (J!~.:l\[ 0.:
Naples, fL 34104 Job Name' RadIO Rd':San M<llcOS Blvd.
----.--
Phune: 239- 774-8] 92
Fax.-- . 219 774-9370 Date ofPJ"ns: .Tun 10, 2004
Rcvisiol:ii)atc:
D~lIicl Hall --.--
Alln:
-- - -.- -. "-"
ITEM DESCRlPTION QUANTITY lTNJT UNIT PRICE AMOUNl
101-1 MOBILIZATION 1.00 LS 12,2000(; 12.20C
102:' -.. _.~ '---~"- ----_. J' 00 - 20,250.00 ~.~.-.._-
MAINTENANCE OF TRAFFIC LS 20.2St
----- .- 4000 .-- 42(
l02-76 ADVANCE W ARN1NG PMffiLS 2@20 DA YS ED 10.50
102-99 V ARJAIJUl MESSAGE SIGN2@20DAYS '10.00 ED 31 50 1,26(
-.---.---- .'0' ..___ ~_,____~ . -u-5.000.00
110.1-1 STANDARD CLEARING & GRUBBlNG 100 1.5 5,001
--- '. 12-0:] - ---"., -. -- - -
- EXCA V ATlON 620.00 CY lJ.45 S,8.'i!
-- ._._~. . ~-_._- -
]20-6 EMBANKMENT 724_00 Cy (l.OO 4.34-
--- --- 753.00 ._-- .
285-7 ABC-3 (4") Sy 1250 \,1.41;
_... w... __ h_.___" ------675.00 - -- -'--'- ---T4.47l
285-7 ^BC-3 (9") SY 21.45
.-. ---.- ".--.--- ---- 7.3 (foo -1-00
321-70-1 MTl.I.fNG EXlS1TNG ASPH PA VMT (I ") Sy 7,34:
-..-... -. ---- - -"- .--.. - I fSC;4 no .~ -..... .-.
331-72-10 TYPE S-IIl ASPHALT (1 ") Sy 155 32,031
_._._n ... -- --_.- ..-....... ---~- .--.. .--.
331- 72-20 TYPE S-I ASPHALT (2") 675 00 Sy (LSlS 4,69.
-. - ..--.. .. ---- - - .. - _'. __.0- .-.. .-------T,R9l
52()-I-IO TYPE "P' CONe. CURB &. GUTTER 8400 LF 22.60
-...--.....- .~.. .. .-.-
520-2-1 TYPE "N' CONCRETE CURB 1,095,00 LF 11.70 12,81
.. '_h .... --
522-2 CONr:RETE SIDEWAY.K (t\") 141.00 Sy 23.65 3,38
.. - - ...... .. - ._- - -- 7900 '5100 -
526-1-2 PAV~RS (SIDEWALK) SY 1,47~
---....-.. _h_ .- - ---- _. ----4.-40~
575-1-] SODDING (BAHIA) 2,lJJ7.00 SY 150
.- .- - - . ----.-- f----..-. ------
'100-40.1 SIGN STN(jLE-POST 900 E^ ]50.00 1.:'\.~(
700-46-21 -- ...-.--.-.-." .-- 6:
RELOCATE EXIST. SIGN 200 E;\ 31 __50
-. .-. -.-._-_. - --_# ---5:
700-48.18 SIGN PANEL (F&I) 1.00 EA 52.50
--_... --.-.. 1---
706-1 RBFLECTIVE PAVM'T MARKERS 143.00 EA. ],6.5 52
-. - --_.
711-3 PA VM'T MESSAGES (rnERMO) 3.00 EA MI.2'i , 20.
-- . - -,-." .. - . ....- .- ----- 4 7 nii ---.--_.-_.-
711-4 DtRECTIONAL ARROWS (TI-IERMO) 900 E^ H:
- .---- .- ---_.. -- ----f6i
711-7 REMOVE EXIST. f'A VM'T MARKINGS 1.00 LS 260.00
_.._u__ - -.. .. -_.
'/11-33 SKIP TRAl'F STRIPE (THERMO) WI 0.30 2.13400 LF 0.16 34
-.-----.. - .... --.-..- .-.- ---
711-34 SKIT' TRAFF STRIPE (THERMO) W 5-tO '175.00 r.r 053 25
-- ..- SKIP TR~\fF STRIPE (THEIUvfO).Y 6-10 .__.- .-_..- .. . - - --TI
711-34 2'\4,00 LF 1).53
- ..~ .-- __..~___ 9h'__ u. -- - 1):41) -- -'---m
-- 711-35-61 TRAFF STRIPE SOLID (THERMO W 6" 4.549.0U LF
.- -..- . - d___ - --.----------. ---- ~..._-_..._---.- -~.... - -
Agenda Item No. 16813 P~gl
June 8, 2004
40f9
_ n~ . -
..-
_...~._--_... ---- .. ..-... .-....,..... .._'-
11'11 L;jl Ltltl~ IIJ:L:J L;j'j- 'Jtl:Jull IH ~U-""L. ::>UlJ It 1l: 1\::> I ll'iL.
r'..-iUC- !
ITEM DESCRIPTION QtJAN'flTY lJNIT UNIT PRICE A MOUNT
711-35-&1 TRAFF STRIPE SOLID (THERMO) W 8" 402.00 LF 0.63 ~3
-- 711.:lSl2i TRAFF STRiPE SOLlii(TIlERMO) W ]2" ._~- - 1.25 .8
]35.00 LF
--:ri 1-35-181 'rRAFF STRIPE SOUD (fHtRMO) W 18" -- 64.00 LF 2.10
\]4
TRAFFSTRIPE SOLID (THERMO) W 24" -. IRO.On ---
711-35241 LF 265 477
-- TRAFF STRIPE'SOLID (THERMO) Y (;" - --- . ..- 0.40 - 1.6-'5
7]1-36-6] 4,038.00 Lr
GRAND TOTAL $149,5J~
NOT1::S:
----
,),.
Agenda Item No. 16813 j ilge
June 8, 2004
50f9
A~I<-l:~-,U04 II :llUAM I'I<ULI-tlUNNcSS INt +114151177416 T-314 P.OOZlOO3 F-m
!RuWNESS'INC.
PISVUlO too Slt.."WOa: CoI'.If"C:(I1'S
1990 Seward Ao;rcnue
Naples. f1lorlda 54109
(1139) 597-61121
(259) 597-70116 Pax
Proposal 4/2312004 em~lt Info@bonne$slnc.com
Submlned To: Collier County Transportation Operations Bid Tille: Radio Road @ Siln Marcos Medic
Oept. Improvements
AddresS: 2705 Horseshoe Dr. S. Bid Number:
Naples. FL 34104 Project Location: East Naples
ContaC1: Daniel Hall, P.E. Project City, Statlt: Naples, FL
Phone: (239) 774-6494 fill: (239) 659.5787 EngIneer/Architect: Julio Ordonez. P.E.
-
ltem No. Item Doscriptlon Estimated Quantity Unit Unit Prlca Total PI
101- 1. MOBILIZATION 1.00 LS $17.443.87 $17.443
'02- 1- MAINTE~ANCE OF TRAFFIC 1.00 LS $6.443.70 $6.443
, 02- 76- ADVANCE WARNING ARROW 40.00 UDAY $11.15 $446
102-99-1 . SIGN. VARIABLE MESSAGE 40_00 UDAY $33.45 $1.33E
110. 1. 1 CLEARING & GRUBBING , .00 LS $4,445.69 $4,445
120- ,- EXCAVATION REGULAR 620.00 CY $13.96 $8,66]
120- 6- EMBANKMENT 724,00 CY $12.86 $9 ,32~
285-702-047 BASE OPTIONAL ABC - 3 ( 753.00 Sy $14.07 $10.59~
4")
285-715-56.7 BASE OPTIONAL. ABC - 3 ( 675.00 SY $26.B8 $18,005
g")
327. 7~ 1 MIL.l..ING EXIST ASPH PAVT (1" AVG 7,343.00 SY $1.15 $8,44'
DEPTH)
331- 72. 10 ASPH CONG TYPE S (1 ") 12,564.00 SY $2.96 $37,181
331-72.20 . ASPH CONC TYPE S (2") 675.00 SY $7.09 $4,76!
520- 1- 10 CURB & GUTTER CONC (TYPE F) 64.00 LF $24.43 $2,05:
520- 2- 1 CURB CONC (TYPE A) 1.095.00 LF $11.99 $13,121
522- 2- SIDEWALK CONC W THICK) 143.00 SY $25.09 $3,56'
526. 70- 2 BRICK PAVERS (SIDEWALK) 29.00 SY $90.'8 $2.61:
575- 1- 1 SODDING (BAHIA) 2,937.00 SY $1.81 $5,31.
700- 40- 1 SIGN SINGLE POST (LESS 9.00 EACH $161.68 $1,45
THAN 12)
700- 46. 21 SIGN EXISTING (REL.OCATE) 2.00 EACH $33.45 $6'
(SINGLE POST)
700. 48- 18 SIGN PANELS (F & I) (15 OR 1.00 EACH $55.75 $5
<)
706- 3- RETRO.REFLECTIVE PAVEMeNT 143.00 EACH $3.90 $55
MARKERS
711- 3- PAVT MESSAGES 3,00 EACH $72.48 $21
THERMOPlASTIC
71' - 4- DIRECTIONAL ARROWS 9.00 EACH $44.60 $40
THERMOPLASTIC
711- 7. PAvT MARKING REMOVE 1.00 SF $278.76 $27
TH E.RMO PLASTIC
711.33- TRAFFIC STRIPE SKIP 2,134.00 LF $0.17 $36
(THERMOPLASTIC) (WHITE)
711-34- TRAFFIC STRIPE SKIP 475.00 LF $0.56 $26
(THERMOPLASTIC) (WHITE)
- 711.34. TRAFfiC 5TRIPE SKIP 284.00 LF $0.56 $13
(THERMOPLASTIC) (VEL-LOW)
711- 35- 61 TRAFFIC STRIPE SOLID 4,549.00 LF $0.42 $1.91
(THERMOPLASTIC)(WHITE) (6") Agenda ltem No. 16813
June 8, 2004
Paoe 1 of 2 60f9
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^r/(-O-~UU4 II :~UAM r/(UM-tlUNNC~~ IN~ +1I41~9f(416 T-374 P.OO3/D03 F-B36
EONNESS'il\YC.
~."jruz ..nd Sil.,..,orU Conll~"l=
t 990 Seward Avenue
Naples. Florlde 34109
(2~9) 597-6211I
(239) 591-1416 Pax
711- 35- B1 TRAFFIC STRIPE SOLID emAII; Inf~@~ne$Si\.'fom $0.67 $269.
(THf:RMOPLASTIC)(WHlTE) ( 8")
711. 35.12t TRAFFIC STRIPE SOLID 335.00 LF $1.34 $448.
(THERMOPLASTlC)(WHITE) (12")
711- 35-181 TRAFFIC STRIPE SOLID 64.00 LF $2.23 $142.
(THERMOPLASTIC){WHITE) (18-)
711- 35-241 TRAFFIC STRIPE SOLID 180.00 LF $2.79 $502.
(THERMOPLASTIC)(WHITE) (24")
711- 36- 61 TRAFFIC STRIPE SOLID 4,038.00 LF $0.42 $1,695.
(THERMOPLAST1C)(YELLOW)( 6')
Tol,,1 Bid Prico: $162,596
Notes: . Subject to prompt acceptance within 30 days and to all conditions :stipulated on the reverse side, we agree t:l
furnish materials and labor at the price{s) set forth above,
. Removal and/or replacement of unsuitable materials (Le. rock and/or muck) below grade is not Included.
. proposal based 0.1 the plans by Julio Ordonez, P.E. Sheets 1-9 dated 1f10/20Q4. Printed 4/6/2004.
. Permits and/or fees (If neccesary) by others.
Payment T~rm:!iO: Payment due within 30 days of date of invoice:, regardless of when payment is made by Owner
>,.
ACCEPTED: CONFIRMED:
The above prices, specifications and conditions Bonness Inc.
are sallsfactory and are hereby accepted.
Buyar
Signature A!.ltRorire'd-'--
Signalure: -
.--:--f\( ."
Date of Acceptance ~.~tlm3tor: Qtc.. 0.16813
June 8, 2004
PIlQA 2 nf 2 70f9
._.--_.
.. ...
APK-Z3-Z004 04:D8PM FROM- T-58~ P.QOl F-435
QUOTE
.
,.....-",,.. BETTER ROADS INC.
04tZ310.
1610 SEWARD AVE.
NAPLES, FL. 34109 4;02Pr-,
PHONE: (239) 697-2181
FAX: (239) 597M1597
PROJECT: RADIO ROAD tmeRseCTION IMPROVEMENTS SID NO.: 04064
lOCATION: RADIO ROAD &. SAN MARCO BLVD
ITEM DESCRlP ION
NUMBER UNIT AMOUNT
101.1 MOBILIZATION 1.00 LS $6.000.00 $6,000.0(
102.1 MAINTENANce OF TRAFFIC 1.00 LS $6,100.00 $5,100.0(:
102-76 ADVANCE WARNING PANELS (2 SIGNS, 20 DAYS EA.) 40.00 ED $10.00 $400.00
102,99 VARIABLE MESSAGE SIGN (TWO SIGNS, 20 DAYS EAC 40.00 eo $30.00 :'1,200.0C
110-'" STANDARD CLEARING & GRUBSING 1.00 LS $5,200.00 S5,200.00
120-1 EXCAVATION 620.00 cY $27.00 $16,740.00
120-6 EMBANKMENT 724.00 Cy $20.00 $14.480DO
285-7 ASPHALT BAse; COURSE 'TYPE 3 (ABC-3. 4" THICK) 753.00 SY $14_00 $10.542.00
285-7 ASPHALT BASE COURSE 1YPE 3 (ABC-3, g" THICK) 575.00 Sy $31.00 $20,925.00
327-70.,' MILLING EXIST. ASPHALT PAVEMeNT (1") 7,343_00 SY $2.50 $18,357.50
331.72.10 ASPHALTIC CONC, lYPE S-1I1 (1" THICK) 12,564.00 SY $3.00 S37,692.00
331-72-20 ASPHALTIC CONC, lYPE S-I (2" THICK) 675.00 SY $9.00 $6,075.00
520-1-10 CONCRETE CURB & GUTTER 'TYPE "P 84_00 LF $10.35 $669.40
520-2-1 CONCRETE CURS 'TYPE: "A" 1,095_00 LF ~10.00 510.950.00
522.2 CONCRETE SIDEWALK, 6" THICK 143.00 SY $22.50 $3,217.50
.- ~6-1-2 PAVeRS (SIOEWAlK) 29.00 SY $100.00 $2,900.00
5-1-1 SODDING (BAHIA) 2.Q~7.0a SY $1.76 $5,139.75
700-40-1 SIGN SINGLE.POST 9.00 EA $145.00 51,305.00
700-415-21 RELOCATE EXISTING SIGN 2.00 EA $30.00 $60.00
700-46.1 a SIGN PANEL. (FU~ISH & INSTALL) 200 EA $50.00 $100.00
705-3 REFLECTIVE PAVEMENT MARKER:l 143.00 ~ $3.50 $500_50
71 ;-3 PAVEMENT MESSAGES, THERMOPLASTIC 3.00 EA $65.00 $195.00
71H DIRECTIONAl. ARROWS, THERMOPLASTIC 9.00 EA $40.00 $360.00
711.7 ReMOVE EXISTING PAVEMENT MARKINGS 1.00 LS $260.00 $250.00
711-33 SKIP TRAFFIC STRIPE., THERMO. (10'.30' WHITE) 2,134.00 LF $0.15 $320.10
711-34 SKIP TRAFFIC STRIPE. THERMO. (6' . 10' WHITE) 475.00 LF 50.60 $237.50
711-34 SKIP TRAFFIC STRIPE, THERMO. (6' -10' YEL.L.OW) 234.00 LF $0.50 $117.00
711-35-61 TRAFFIC STRIPE, SOLID, THEMO. (8" WHITE) 4,649.00 LF $0.38 $1.728.62
711-35.81 TRAFFIC STRIPE. SOLID, THEMO. (8" WHITE) 402.00 LF $0.80 $241.20
711-35-121 TRAFF(C STRI P!;, SOLID, THEMO. (12" WHITe) 3~S.OO L.F $1.20 $402.00
711.35-181 TRAFFIC S TRI PE, SOLID. THEMO. (18" WHIT!;) 64.00 L.F $2.00 $128.00
711.35.241 TRAFFIC STRIPE, SOLID, THE MO. (2-4" WHITE) 160.00 L.F $2.50 $450_00
711-35-61 TRAFFIC STRIPE, SOLID, THEMO, (8" YELL.OW) 4,038.00 LF $0.38 S1.534A~
$174,717.51
CONDITIONS:
1 NO PERMITS, FEES,LAYOLTr, BOND OR TESTING INCLUCED.
IF BOND IS REQUIRED ADD 1%.
2 PRICES !'lAsED ON ONe MOBILIZATION peR ITEM, ADDITIONAL M061UZA TIONS
WILl. BE CHARGED AT $750.00 EA. IN AOOlTION TO UNIT PRICES.
Agenda Item No. 16813
Flage 1 June 8, 2004
80f9
_._---
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., C~~;,~;.~i.r:JI~.,o~I~A R.\DIQ HO.\:j (CR. R~G~
'f~----- Ii'lTL.CiE~i'!CN w.PR0\'l::M!::!\TS Sr::;:-lING & MARKING PLA1\
- --- ~~~?l~~:;'~~ !;rrt.- AT SAN MARC~lS ROA:) 9
",""'. ~,C". "~-;;-."':~"""'-:;-",--
June 8, 2004
9of9
f''''''''9:l!''W!\~''t''lI'\:.''''''W,\ :,;..~M''''J"''1'''''<'''''' ';-~"H-\
.-
EXECUTIVE SUMMARY
Approve and authorize an Easement Agreement and Sidewalk Construction
Agreement for the instillation ot a sidewalk along Tower Road trom Barefoot
Williams Road to Collier Boulevard, which is required for the purpose of
maintaining the sidewalk as a public rlght-ot-way. Project Number 60171.
Estimated fiscal impact: $219.00.
OBJECTIVE: To obtain the Board of County Commissioners authorization and
approval of an Easement Agreement between the Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida and Collier County, and of a Sidewalk
Construction Agreement between WCI Communities, Inc. and Collier County for a
portion of Tower Road.
CONSIDERATIONS: Tower Road is a public right-of-way on the east boundary of the
Lands End PUD and will serve as an entrance to the residential community at Lands
End. According to the Lands End PUD and County Ordinance 2003-04, WCI
.- Communities, Inc. ("WCI") must install an 8-foot sidewalk along Tower Road from
Barefoot Williams Road to Collier Blvd. The current right-of-way along Tower Road is
insufficient width to allow for the installation of the sidewalk. The lands south of the
Tower Road right-of-way are owned by the State of Florida Internal Improvement Trust
Fund and managed by the Rookery Bay National Estuarine Research Reserve
("Rookery Bay"). Rookery Bay has agreed to grant an easement over its land to
accommodate the proposed sidewalk along Tower Road.
It is the recommendation of staff that it is necessary and in the public's best interest to
enter into an Easement with the State of Florida Board of Trustees of the Internal
Improvement Trust Fund which will grant an easement to the County over the lands
south of the road right-of-way of Tower Road for the purpose of constructing the
sidewalk. It is also in the public's best interest to enter into a Sidewalk Construction
Agreement with WCI regarding the installation of the sidewalk. The County accepts
maintenance responsibility for installed sidewalk.
FISCAL IMPACT: The Easement will be recorded in the public records at a total cost of
$73.50 in recording fees. The Sidewalk Construction Agreement will be recorded in the
public records at a total cost of $145.50. Funds are available in FY 04 budget. Source
of funds are Gas Taxes.
-.
Agenda Item No. 16B14
June 8, 2004
1 of 60
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Page 2 of2
",_......,
GROWTH MANAGEMENT IMPACT: The recommendation is consistent with the
County's long range planning efforts.
RECOMMENDATIONS: That the Board of County Commissioners of Collier County:
1. Approve, adopt and authorize the Chairman to execute the attached Resolution.
2. Approve and authorize the Chairman to execute the attached Easement.
3. Approve and authorize the Chairman to execute the Sidewalk Construction
Agreement, when presented by staff; and
4. Authorize staff to record both the Easement and the Sidewalk Construction
Agreement in the public records of Collier County, Florida.
5. Accept maintenance responsibility for the sidewalk after it is constructed.
~.....-~
-
Agenda Item No: 16B14
June 8, 2004
2 of 60
,.._..
COLLIER COUNTY
SOARD OF COIJNTY COMMISSIONERS
,-
Item Number 16814
Item Summary t\pprrNf: and authorize an Easement t\grr:r:mm1t and 8id"wa!k Construction
t\gref:m"nt for tr.f: ;n;,tiIlat'on of a sidewalk alcng TOWN Rc.ad from Barefoc.t
'v""HHam:::. ROC1(! to C(:!l:er Bou:e:vard, which is requin::d f.;;r the purpnsq o!
m.'l:nt.'linin'] Ih,> :>id'3'w.'Ilk "s " publi.-; rigr,t-o~-way Pmj'lct Numb,>r f!017'1.
E:>tirr.3ted fIScal impact: $219.QO.
Meeting Date 6/8f20C04 g:no~oo Af\,'
Prepared By
l"",."inll !.l'lntx ""{lilt Of W"'f C"l'>rdill"t.c: Date
Tra"sportion Services 'l'ECr.H'tOW 5!11t200410:CJ:u5 AM
Approved By
~;hjllJro~ N~wman Accounting StJp~F"Jh~Qr Oat"
Tr"",..pc:tic!l S..r-""-:",, r fan~pr..H'!~tkJH Adre;~:st:,uti(..m si~,Wa04 1 UH, AM
Apprond By
Usa Ta)'lor Mancl~~tn~n!/a.:..:d))~t An3f)'~t O~t"
Tr,3nspol'tlon Services rr3nsport.:;~I(ln Admln!'Jtr3tion 5!2512004 S:M PM
Appro,'ed By
Gregg It $trl'l..a!<lse 1" ,.anspor!tstl<sn En))in~~r;(!9.i !l3t"
C()rs~trud.h.'H1 Mgmt D:n~;ctnr
T,3nspcl'tlon Servlces Tr*n~.pcl'tc;;':vn F.rsyiuQf::r:;;g o1\U 5!25120M 2:41 PM
Gvn~1;ructi1)r.
Approved By
K",,;n 1-1e'1<lricks ;~;liht Of 'Way Acqui!;itbn Mana'.:!", !l3t"
Transpoytior; S~I',,;t:t}S 'l"'l"'<;vQrtl'lt;()n E:nginl!el'in'.:! ","d 5126,'1004 12:12 PM
Construction
Approved By
l)iane f'errjn;'l'.. ~:~e"'ltivel;ecrl!tl'lry Date
TrcUl~~lcrtjcr~ Sarv:cf.'$ Tr~l":~p()l'toti:..H'l 5*!vir;f!$. AcJmi;1. 512",' ;2001~ 6:.:~$ F'M
Approved By
Norm E. F~d~r. AICF Tr~nSlp-:I{~tiun Oivi~:~{, Adminhatr~tcr Date>
Transport:on S~rv~ct)s rrdr!~~":lrtation S(<or"ie<'s Acm:n. 5J27;2004 3:06 PM
Approved By
Pl'lt l."!'!llr.'l'rn Ad'1'lini$trl'ltive .A<;"j!;tant Uat"
C{,;I.mt)l Mon.g:w;l". Off:Cla Off;ce l>f Management /I. B"d~~..t Sm~i1a04 8.36 AM
Approved By
Mi~bae; Slll)'k..w,,~:i M>1t"!<l~!!llle>t"!t & B!J<l~et Dire::t(Jf O~t"
CCtmty M:U'~:\9~:"'~ i)ff:c:<< Off;;;" <if M3113!l"m"llt. to E~...dil"t 5!2liI211(M 1":Z PM
Approved By
.Jam"", v. Mudd COUllt.y Mall"''.:!'" DatI'
l~card <if C:c:mly County Mallail~r's Cf:l~e
Cl>mm;~~i1>r!.:.rs 5131120042.27 PM
,~-
Agenda Item No. 16814
June 8. 2004
30f60
-_._,,,.,-- --. -'-",," ~'" ~ .- ~_.< ~-~-"'-".-
I
RESOLUTION NO.: 2004 -
A RESOLUTION REQUESTING THAT THE BOARD or TRUSTEES OF THE
L~TERNAL I).1PROVEMENT TRUST FUND OF THE STATE OF FLORIDA GRANT
AN EASEMENT ALONG TOWER ROAD fROM BAREFOOT WILLIAMS ROAD
TO COllIER BOULEVARD TO COLLIER COUl"TY FOR PUBLIC PURPOSES.
WHEREAS. the Collier County Board of County Commissioners has determined
that is in the best interest of the citizens of Collier County for the Cuunty to construct llnd
mllintllin a sidewalk upon and across propelty owned by the Board of Trustees of the
Internal Improvement Trust Fund of the State of Florida designated as Exhibit "A"
(attached hereto and made a part hereof); and
WHEREAS, this propelty is to be conveyed for Public Purpose use only.
NOW THEREfORE BE IT RESOLVED that the Collier County Board of County
Commissioners does hereby request the BUllrd of Trustees of the Internal Improvement
Trust Fund of the State of Hurida grant an casement unto Collier County across the
property described in Exhibit "A" for sidewalk purposes.
THIS RESOLUTION ADOPTED this _ day of , 2004 after moti on,
second and majority vute.
A TrEST: BOARD OF COUNTY
COMM ISSrO!\cRS
DWrGHT E. BROCK. CLERK OF COLLIER COUNTY, FLORIDA
By:
,Deputy Clerk Dunna Fiala, Chairman
Approved as to fOtm and
leglll sufficiency:
t~~~~
,
Ellen T. Chadwell
Assistant County Attorney
Agenda Item No. 16814
June 8, 2004
4 of 60
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I - POINT OF I LEGAL DESCRIPTION
.- tH: COMMENCEMENT
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I PIUI7r': RJ:C r:/'IJL ENGINEERS' UJlD SURfEI'lJRSa PfJ,NHERS 10 II71JE SOJUJIK ct D~B EA..'IfJiENT 3.
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LEGAL DESCRIPTION
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:c Q) U SHIEr: , Of , Q. CRAIJY MOl OR AND ASSOCfArFJ, P.A. LEGAL DESCRIPTION AND SKEl'CH
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~ Ef !' C/:1L ENG/NEERS.uIND SURI'EIVRS' PIJ.NNE JO'l!Jn{fllr~~t~EllEh7/9 II
:lOaD VIA DEL REY
il BONITA SPRINGS, fLORIDA 34134 S!C1/0,q 1YJTNf. S\7 'II.?f)fJ!.if tlSr. I c
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SIDEWALK CONSTRUCTION AGREEMENT
THIS SIDEWALK CONSTRUCTION AGREEMENT e'Agreement") is made and
entered into this _ day of ,2004, by COLLIER COUNTY, FLORIDA, a political
subdivision of the state of Florida ("COUNTY"), whosc mailing addrcss is The Harmon Turner
Building, 3301 East Tamiami Trail, Naples, Florida 34112 and WCI COMMUNITIES, INC.
("DEVELOPER"), whose mailing address is 24301 Walden Center Dr., Bonita Springs, FL
34134.
WITNESSETH:
WHEREAS, DEVELOPER is the developer of that certain residential community
commonly known as Lands End ("Lands End"), the development of which is subject to Collier
County Ordinance 2003-04 and more commonly referred to as Lands End PUD; and
WHEREAS, the east boundary of the Lands End project is near the public right-of-way
known as Tower Road; and
WHEREAS, the Developer has agrccd to install a 8-ft sidcwalk as part of the PUD
-, Transportation commitments along Tower Road from Barefoot Williams Road to Collier Blvd.
(SR 951) heretofore approved by COUNTY (the "Sidewalk"); and
WHEREAS, the right of way for Tower Road is insufficient width to allow for the
installation ofthe Sidewalk; and
WHEREAS, the lands south of the right of way of Tower Road are owned by the State of
Florida Internal Improvement Trust Fund and managed by the Rookery Bay National Estuarine
Research Reserve ("Rookery Bay"); and
WHEREAS, Rookery Bay is agreeable to granting an easement over its lands south of the
right of way of Tower Road to accommodate the proposed Sidewalk; and
WHEREAS, the County shall enter into an easement agreement with the State of Florida
Board of Trustees of the Internal Improvement Trust Fund for a 10-ft sidewalk easement for the
construction of the Sidewalk; and
WHEREAS, thc parties desire to provide for the installation and continuing maintenance
of said Sidewalk; and
WHEREAS, it is agreed to by the parties that this Agreement is in the public intcrest and
constitutes a substantial benefit to the general puhlic.
NOW, THEREFORE, in consideration of the mutual premises set forth herein, and other
good and valuable consideration passed between the parties, the receipt and sufficiency of which
Agenda Item No. 16814
Page I of6 June 8, 2004
15 of 60
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are hereby acknowledgcd, and in furthcr consideration of thc covenants and agreements set forth
herein below, it is hereby agreed as follows:
l. Sidewalk Easement. COUNTY shall enter into an agreement with the State of
Florida Board of Trustees of the Internal Improvement Trust Fund which grants a
ten-foot wide easement ("Easement") to COUNTY over the lands south of the
road right or way of Tower Road for the purpose of constructing the Sidewalk.
Thc Easement shall be recorded in the public records of Collier County, Florida.
2. Sidewalk Improvements. DEVELOPER shall, with the participation of the I
Collier County Transportation Services and Community Development and I
Environmental Services Divisions, complete the design work for the Sidewalk I
I
and related improvements ("Improvements") to be located in the Easement.
Exhibit "A" attached hereto and incorporated herewith contains a graphic
depiction of the Tower Road right-of-way and depicts the intended location of the
Easement and the Sidewalk adjacent to said right-of-way. The Improvements
shall be designed in accordance with Florida Department of Transportation
standards, if applicable, and the plans for said Improvements shall be provided to,
and approved by, COUNTY before installation ("Plans"). NotwiLhsLanding the
foregoing, it is understood and agreed to by the parties that DEVELOPER shall
install or cause to be instaIJed, and COUNTY thereafter will maintain, the
Improvements as described in Exhibit "A".
3. Installation Responsibilitv~ Costs. DEVELOPER shall pay for all costs
associated with the design work for the agreed upon Improvements, and shall
thereafter construct the same at no cost to COUNTY.
4. Maintenance Responsibility; Costs. Upon completion and approval by the
COUNTY, the Improvements shall become the responsibility of, and shall be
maintained and replaced as necessary by, COUNTY.
S. No Special Use Or Property Rh?hts. Except for the installation responsibilities
set forth herein, DEVELOPER shall not claim any special use or property rights
or other special rights in and to the public right-of-way, the proposed Easement
for the Sidewalk, or the Improvements.
6. Installation. Once thc Improvements have been completed, the DEVELOPER
shall contact the COUNTY for a final inspection to assure compliance with the
approved Plans. Upon final inspection and approval of the Improvements, the
COUNTY shall issue a letter to DEVELOPER stating the.. Improvements may
move from the construction to maintenance phase, at which time the COUNTY
shall bc responsible for maintaining the Improvements. Upon written notice from
the COUNTY at the address set forth above that completion of the Improvements
has occurred, the COUNTY shall assume and DEVELOPER shall be released
from, all of DEVELOPER'S right, title, interest, duties, responsibilities and
obligations under this Agreement.
Agenda Item No. 16814
June 8, 2004
Page 2 of 5 16 of 60
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7. Indemnity. DEVELOPER, hereby agrees to indemnify and save harmless
COUNTY, as Indemnitee hereunder, from any loss or damages Indemnitee may
suffer as a result of claims, suits, demands, losses, fines, penalties, interest,
expenses, costs, or judgments, including attorneys' fees and costs of litigation
against COUNTY, arising out of DEVELOPER'S activities within the limited
portion of the right-of-way and Easement arising out of or related to this
Agreement.
8. Notice of Indemnity Claims. COUNTY agrees to give DEVELOPER written
notice of any claims filed against COUNTY in connection with this Agreement,
and said notice shall be given within thirty (30) days of the date COUNTY
hecomes aware of such claim. DEVELOPER alone shall be the Indemnitor with
respect to any covered losses described above which Indemnitee may sutTer in
connection with, arising under, or resulting from, the design and installation of the
Improvements.
9. Right-of-Wav Permits. If1ane closurcs shall be neccssary, or if traffic shall be
otherwise substantially obstructed or rerouted along Tower Road during any work
to be performed pursuant to this Agreement, DEVELOPER shall be responsible
for obtaining a right-of-way permit from COUNTY prior to commencement of
such work. Said permit shall address, among other things, the timing of the work,
maintenance of traffic flow during the work, and requested lane closurcs, if any,
during the entire period that the work is to be performed.
10. State of Florida Easement Conditions. DEVELOPER agrees to comply with all
applicable conditions of the Easement granted to the County by the Board of
Trustees of the lnternal Improvement Trust Fund of the State of Florida
(hereinafter "STATE"), which is more particularly described in Exhibit "B"
attachcd hcrcto. In the cvcnt DEVELOPER's failurc to comply with these
conditions results in the termination or expiration of the Easement granted by the
ST ATE, DEVELOPER shall restorc lands within the Easement to substantially
the same condition as existed on the effective date of the Agreement.
DEVELOPER agrees that upon notice from COUNTY of the termination of the
Easemcnt all work within the Easement will cease and desist.
11. Disposal of Waste. DEVELOPER shall dispose ot: to the satisfaction of
COUNTY and STATE, all brush and refuse resulting from the clearing of the land
for the uses authorized hereunder. If timber is removed in connection with
clearing the Easement, the net proceeds from the sale of such timber shall accrue
to the STATE. DEVELOPER shall take all reasonable precautions to control
soil erosion and to prevent any other degradation of the Easement and adjacent
lands during the term of this Agreement. DEVELOPER shall not remove water
from any source on the Easement including, but not limited to, a watercoursc,
reservoir, spring, or well, without the prior written approval of STATE.
DEVELOPER a!:,Jfees to clear, remove and pick up all debris including, but not
limited to, containers, papers, discarded tools and trash foreign to the work
locations and dispose of the same in a satisfactory manner as to leave the work
Agenda Item No. 16814
Page 3 of6 June 8, 2004
17 of 60
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locations clean and free of any such debris. DEVELOPER, its agents, successors,
or assigns, shall not disposc of any contaminants including, but not limited to,
hazardous or toxic substances, petroleum, fuel oil, or petroleum by-products,
chcmicals or othcr agents produced or used in DEVELOPER'S operations, on this
Easement or on any adjacent state land or in any manner not permitted by law.
DEVELOPER shall be liable for all costs associated with any cleanup of the
Easement which is a result of DEVELOPER'S performance of this Agreement.
12. Archaeolo2ical and Historical Sites. DEVELOPER agrees to comply with the
provisions of Chapter 267, Florida Statutes. DEVELOPER acknowledges and
agrees that the collection of artifacts or the disturbance of archaeological and
historic sites within the Easement or on adjacent state-owned lands is prohibited
unless prior authorization has been obtained from the Department of State,
Division of Historical Resources.
13. Prohibition Al!ainst Liens or Other Encumbrances. Fee title to the lands
underlying the Easement is held by STATE. DEVELOP ER shall not do or permit
anything to be done which purports to create a lien or encumbrance of any nature
against the real property of STATE, including, but not limited to, mortgages or
construction liens against thc real property described in Exhibit "B" or against any
interest of STATE therein.
14. Ril!ht to Audit. DEVELOPER shall make available to COUNTY, upon its
written request, all financial and other records relating to this Agreement, and
COUNTY shall have the right to inspect and copy such records at any reasonable
time during the term of this Agreement. This right shall continue until one year
after acceptance of the Improvements by COUNTY.
15. Pavment of Taxes and Assessments. DEVELOPER shall assume full
responsibility for and shall pay all liabilities that accrue to the Easement or to the
improvements thercon including any and all drainagc and special assessments or
taxes of every kind and all mechanic's or materialman's liens which may be
hereafter lawfully assessed and lcvicd against the Easement.
16. Term. This Agreement shall remain in full force and effect from thc datc it is
recorded in the Public Records of Collier County, Florida, until the earliest to
occur of either:
(i) COUNTY implements a plan that modifies the Sidewalk; or
(ii) COUNTY dctcrmincs that thc Improvcmcnts cause a safcty or capacity
issue; or
(iii) COUNTY determines in its discretion that termination of this Agreement
is in the best interests of the public.
In the event of items (ii) or (iii) above, COUNTY shall issuc noticc of the same
within fifteen (15) days of such determination.
Agenda Item No. 16814
Page 4 of 6 June 8, 2004
18 of 60
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/'- 17. Effective Date; Binding Effect. This Agrcement shall be effective upon
recording in the Public Records of Collier County, Florida, and the benefits and
burdens established pursuant to this Agreement shall inure to and be a binding
obligation upon the partics hcrcto and their respective heirs, successors or assigns.
Ncvertheless, it is expressly understood and agreed that the obligations of
DEVELOPER and COUNTY shall be the separate obligations of DEVELOPER
and COUNTY, respectively, not joint and several obligations, all as set forth
herein this Agreement.
1 R. Entire Al!reement. This Agreement constitutes the entire understanding among
the parties hereto and any previous agreements, whether written or oral, are
hcreby superceded by this Agreement.
19. Amendment. This Agreement may he amended by means of written agreement
among the parties, and by no other method, and shall be recorded in the Public
Records of Collier County, Florida.
20. Choice of Law. This Agreement shall be governed by and construed in
accordance with the laws of the state of Florida.
21. Construction Guarantv. Notwithstanding any terms or conditions of this
Agreement to the contrary, DEVELOPER hereby agrees to complete the
Improvements described in paragraph 1 above, Tower Road sidewalk (see Exhibit
,-, "A" attached hereto), in accordance with the Transportation commitments of the
Lands End PUD (2003-04).
IN WITNESS WHEREOF, the parties hereto have causcd these presents to be executed
by their duly authorized representatives or officers as ofthe day and year first written above.
..
~M.a;~.J"'1 WCI COMMUNITIES, INC., a Delaware
Corporation
~---- ~
~.~..:-. ~~~
By: - ~ .
Timothy Oak, Vice President
Witnes . GA~ :.J: 6ASj?c~/"""
STATE OF FLORIDA
COUNTY OF LEE
The foregoing instrument was acknowledged before me this:J..3 day of~, 2004, by
Timothy Oak, as Vice President of WCl Communities, Inc., a Delaware corporation, who is
personally known to me. I.~~
tP.:!~.... JOYCE E. VAN OEUSEN l.
,-- [':A~;; MY COMMISSION N DD 11a22~ I'
~. . . .'/f EXPIRES: May 20. 2OC6 Agenda Item No. 16814
...'Jt:ti.:r.-'(.... IIoMed Thru N".ry P<.t>lic Looef'N"trS
Page 5 of 6 June 8, 2004
19 of 60
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Name of Notary, Printed, Typed or Stamped
My Commission Expires:
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
ATTEST: By:
DWIGHT E. BROCK, CLERK Donna Fiala, Chairman
By:
Deputy Clerk
Approved as to form and legal sufficiency:
L~ ~
Assistant County Attorney
Agenda Item No. 16814
Page 6 of6 June 8, 2004
20 of 60
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:c 0) DR.4rN: 11ft; cme ElfGlNEEP,S'WID SURVEYORS'PWiNfR.5
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BONITA SPRINGS, FUJP.IDA ,'w~, /igffflf)5j ~~.sj~ 14rt J. Im. e:
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· THIS IS lfQI A SlJRfKY ' r~x : (239) 917-0375 ...
Cf:RTjFlCATE Of ArJr110RIZATJON ,\'UllBER LB 5151 JUri:' J.{JC{f.rr zoo 0 7,'1(;; 0-10,]0 =
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---_.-
EXHIBIT 's
Page-L- of..J.5:
"-" BOARD OF TRUSTEES OF THE INTERNAL IKPROVEMZN'l'
TRUST FUND OF THE STATE or FLORIDA
. ~ ..
EASEMENT
Easement Number 31212
THIS BASEMENT, made and entered into thill __ day of ,
20___, between the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF
THE STATE OF FLORIDA, actin~ pursuant to its authority set forth in Section
253.03, Florida Statutes, hereinafter referred to as "GRANTOR", and COLLIER
COUNTY, FLORIDA, a pOlitical subdivision of the State of Florida, hereinafter
referred to as "GRANTEE",
WHEREAS, GRANTOR is the owner of the hereinafter described real property
that is managed by the Florida Department of Environmental Protection, Office
of Coastal and Aquatic Mana~ed Areas under Lease Number 3819 ( "managin~
agency"), and
WHEREAS, GRANTOR desires to grant an easement across the hereinafter
described real property for sidewal~ and drainage purposes.
NOW THEREFORE, GRANTOR, for and in consideration of mutual covenants and
-- agre<<ments hereinafter contained, has granted, and by these presents does
grant, a non-exclusive easement unto GRANTEE over and across the following
described real property in Collier County, Florida, to-wit:
(See Exhibit "A" Attached)
subject to the following terms and conditions:
1. DELEGATIONS OF AUTHORITY: GRANTOR'S responsibilities and obligations
herein shall be exercised by the Division of State Lands, Department of
Environmental Protection.
2. TERM: The term of this easement shall be for a period of fifty years
commencing on __ , and ending on _ ,
unless sooner terminated pursuant to the provisions of this ea.ement.
3. ~ PROPERTY AND UNDUE WASTE: This easement shall be limited to the
construction and maintenance of a sidewalk upon and across the property
described in Exhibit "A" during tbe term on this easement. This eas....nt
shall be non-exclusive. GRANTOR retains the right to engage in any activities
on, over, across or below the easement area that do not unreasonably interfere
with GRANTEE'S exercise of this easement and further retains the right to
grant compatible uses to third parties during the term of this easement.
GRANTEE shall dispose of, to the satisfaction of GRANTOR all brush and
refuse resulting from the clearing of the land for the uses authorized
hereunder. If timber ia removed in connection with clearing easement, the net
-_..
proceeds from the sale of such timber shall accrue to GRANTOR. GRANTEE shal~
take all reasonable precautions to control soil erosion and to Agenda1fem No. 16814
June 8, 2004
31 of 60
,,,--"'_...;--~ _.>~"--..._....'<.. ~~H ..._~"._-"..
EXHIBIT 0
Pa~ a of-ri
other de~radation of the real property described in Bxhibit "A" durin~ the
term of this easament. GRANTEE ehall not remove water from any source on this
eas<<ment including, but not limited to, a watercourse, reservoir, spring, or
well, without the prior written approval of GRANTOR. GRANTEB agrees to clear,
remove and pick up all debris including, but not limited to, containers,
papers, discarded tools and trash foreign to the work locations and dispose of
the same in a satisfactory manner as to leave the work locations clean and
free of any such debris. GRANTEE, its agents, successors, or assigns, shall
not dispose of any contaminants including, but not limited to, hazardous or
toxic substances, petroleum, fuel oil, or petroleum by-products, chemicals or
other agents produced or used in GRANTEE'S operations, on this easement or on
any adjacent state land or in any manner not permitted by law. GRANTEE shall
be liable for all costs associated with any cleanup of the subject property
which is a result of GRANTEE'S operations and use of the subject property.
Upon ter.mination or expiration of this easement GRANTEE shall restore
the lands over which this easement is granted to substantiallY the same
condition as existed on the effective date of this easement. GRANTEE_agrees
that upon termination of this easement all authorization granted herein shall
cease and terminate.
If the lands described in Exhibit "A" are under lease to another agency,
GRANTEE shall obtain the consent of such .~ency prior to en~aging in any use
of the real property authorized herein.
4. ASSIGNMENT OF EAS~MENT: This easament shall not be assigned in whole or
in part without the prior written consent of GRANTOR. Any assignment made
either in whole or in part without the prior written consent of GRANTOR shall
be void and without legal effect.
5. ASSIGNMENT 01" CONSTRUCTION: The construction of the aforementioned
sidewalk improvemants shall be assigned to WCI Communities, Inc., (WCI) by
separate agreement with GRANTEE. WCI and GRANTEE shall ba bound, separately
and jointlY, by all conditions of this easement.
6. RIGHT OF INSPECTION: GRANTOR or its duly authorized agents,
representatives or employees shall have the right at any and all times to
inspect this easement and the works of GRANTEE in any matter pertaining to
this easement.
7. ~OMPLIANCE WITH LAWS, GRANTEE agre.. that this easament is conting.nt
upon and 8ubject to GRANTEB obtaining .11 applicable permits and complying
with all applicable permits, regulation8, ordinances, rule., and laws of the
State of Florida or the United States or of any political subdivision or
agency of either.
Page 2 of 15
Easement No. 31212
Agenda Item No. 16814
1ll0/2002 June 8, 2004
32 of 60
EXHIBIT -33
P&ge--2-.Of I.r;-
e. ARCHAEOLOGICAL AND RIS~QRIC SITES. Execution of this ea.ement in no way
...,,;- affect. any of the partie.' obligation. pursuant to Chapter 267, Florida
Statutes. The collection of artifacts or the disturbance of archaeological
and historic sites on state-owned lands is prohibited unless prior
authorization has been obtained from the Department of State, Divi.ion of
Historical Resource..
9. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCBS. Pee title to the lands
underlying this easement is held by GRANTOR. GRANTEE sball not do or permit
anything to be done which purports to create a lien or encumbrance of any
nature against the real prop.rty of GRANTOR including, but not limit.d to,
mortgag.s or con.truction li.n. against the r.al property described in Exhibit
"An or against any int.r.st of GRANTOR th.r.in.
10. PART1AL INVALIDITY: :If any tsr:m, covenant, condition or provision of
this easement shall b. ruled by a court of competent juriSdiction to b.
invalid, void, or unenforceable. the remaind.r shall remain in full forc. and
effect and shall in no way be aff.cted, impaired or invalidated.
11. ENTIRE UNDERSTANO:INGI This .asam.nt .et. forth the entire und.r.tanding
between the parties and shall only b. amend.d with the prior writt.n approval
of GRANTOR.
12. T:IME: Tim. is expre..ly d.clar.d to be of the ....nc. of this easement.
13. L:IA>>:tLI~"{: GRANTEE .hall assist in the investigation of injury or damage
cla1ms either for or against GRANTOR or the State of l!'lorida pertaining to
GRANTEE'S re.pectiv. areas of responsibility under this easament or arising
out of GRANTBE'S respective management progr~ or activities and shall
contact GRANTOR regarding the legal action deemed appropriate to remedy such
damage or claims. GRANTEE is responsible for all personal injury and property
damage attributable to the neglig.nt acts or omissiona of GRANTEE, and its
officers, 4UIQ;l1oyees. and agents.
14. R:tGHT OF AUDIT: GRANTEB shall make available to GRANTOR all financial and
other recorda r.lating to thia easament and GRANTOR shall have the right to
audit such records at any reasonable time during the ter:m of this .asement.
This right shall b. continuous until this .aa.ment .xpires or ia terminated.
This easement may be terminated by GRANTOR should GRANTEE fail to allow public
access to all documents, papers, letters or oth.r materials made or r.ceived
in conjunction with this easement, pursuant to Chapter 119, Florida Statutes.
15. PAYKENT OF TAXES AND ASSBSSMBNTla GRANTEE shall assua. full
r.sponsibility for and shall par all liabilities that accrue to the easement
area or to the improvements thereon including any and all drainage and special
assessments or taxes of .vary kind and all mechanic's or materialman'. lians
which may be hereafter lawfully assessed and levied against this easem.nt.
Page 3 of 15
,'-' Easemant No. 31212
R1D/2DD2 Agenda Item No. 16814
June 8, 2004
33 of 60
--~-----~ ,---._,~~- H_~__'" --
EXHIBIT B
p~ J-l of ,15
--
16. RECO!UlING OF EASEMENT' GRANTEE, at its own expense, shall record this
fully executed easement in its entirety in the public records of the county
within which the easement site is located within fourteen days after receipt,
and shall provide to the GRANTOR a copy of the recorded easement in its
entirety which contains the O.R. book and pages at which the easement is
recorded.
17. AUTOMATIC REVERSION' This easement is subject to automatic t.rmination
and reversion to GRANTOR when, in the opinion of GRANTOR, this .asement is not
us.d for the purpo.e. outlin.d herein, and any costs or .xpens.. arising out
of the implementation of this clause shall be borne complet.ly, wholly and
entir.ly by GRANTEE.
18. GOVERNING LAW: This .as.......nt shall be governed by and interpr.t.d
according to the laws of the State of Florida.
19. SECTION CAPTIONS, Articles, subsections and other captions contained in
this easement are for r.ference purposes only and are in no way intended to
describe, interpret, define, or limit the scope, extent or intent of this
easemant or any provisions thereof.
20. SPECIAL CONDITIONS, The following special conditions shall apply to this
easement,
A. Construction of the sidewalk will be sol.ly on uplands;
B. All temporary fill in construction areas shall be removed and re-
graded to original elevations and re-vegetated;
C. Any epoil material shall be used or disposed of on an upland portion
of the easement area and deposited on a s.lf-contain.d upland spoil
sit. that is in compliance with permitting requirements; and
D. GRANTEE shall implement measur.. for erosion and pollution control
using best macagement practice. in strict adherence to the Florida
Department of Transportation's .Standard Specifications for Road and
Bridge Con.truction.w
IN WITNESS WHEREOF, the parties have caused this ea.~nt to
be executed the day and year first above written.
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMBNT TRUST FUND OF THE
STATE OF FLORIDA
By: (SEAL)
Witness GLORIA C. NELSON, OPERATIONS
AND MANAGEMENT CONS1!LTANT
Print/Type Witne.. Name MANAGEII., II1J1UJAU OP PUBLIC ..
LAND ADNINJ:STRATION, DIV:ISION
OF STATE LANDS, ~PA1\TMD/T or
Witness ENVIRONMENTAL PROTECTION
print/Type Witness Name II GRANTOR.
STATE OP FLOR:IDA
COUNTY OF LEON
Page 4 of 15
Easement No. 31212
Agenda Item No. 16814
JUO(~OO~ June 8, 2004
34 of 60
-- -- .. -.- "-
'=XHIBIT L;
Page~ of 10
-
The foregoing instrume~t was acknowledged before me this _____ day of
____ , 20___, by Gloria C. Nelson as Operatio~s and Mana;ament
Consultant Manager, Bureau of Public Land A~iniatration, Division of State
Lands, Department of Environme~tal Protection, acting aa an agent for and on
behalf of the Board of Trustee. of the Internal Improvement Trust Fund of the
State of Florida. She is personally known to me.
Notary Public, State of Florida
Print/Type Wotary Name
Commission Number:
Commi..ion Expires:
Approved as to Form and Le;ality
By:
DEP Attorney
COLLIER COUNTY, FLORIDA,
By its Board of County
Commissioners
By: (SEAL)
Print/Type Nam.e
Title:
(OFFICIAL SEAL)
Attest:
-
Print I Type Name
Title:
"GRANTEE"
.ppr~ IS to fOl'1ll" 1~9al S!'ffl[ip~[\
._ /(./U -, ~~~
^,~jstant Countl Attorney
cllen T, Chadwell
Page 5 of /5
Easement No. 31212
R10/200~ AgEmda Item No. 16814 i
June 8, 2004
35 of 60
I
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BOARD OF TRUSTEBS OF THE IN'l'EJINAL IXPROVIDmNT
TRUST FUND or THE STATE or rLORIDA
EASEMENT
Ea.ement Number 31212
THIS EASEMBNT, made and entered into this ______ day of ,
20 -' between the BOARD or TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF
THE STATE or FLORIDA, acting pursuant to it. authority set forth in Section
253.03, Florida Statute., h.r.inafter ref.rr.d to a. . GRANTOR. , and COLLIER
COUNTY, FLORIDA, a pOlitical subdivision of the State of Florida, h.reinaft.r
ref.rred to a. "GRANTEB".
WHEREAS , GRANl'OR is the owner of the her.inafter described real property
that is managed by the Florida Department of Environmental Protection, Office
of Coastal and Aquatic Managed Areas under L.ase Numbor 3819 ( "managing
agencY")j and
WHEREAS , GRANTOR desires to grant an easement across the hereinafter
described real property for sidewalk and drainage purposes,
NOW THEREFORE, GRANTOR, for and in consideration of mutual covenants and
agreements hereinafter contained, has granted, and by the.e presents does
grant, a non-exclusive easement unto GRANTEE ov.r ano across the following
described real property in Collier County, Florioa, to-wit:
(See Exhibit "A" Attached I
SUbject to the following terms ano conditions:
1- DELEGATIONS OF AUTHORITY: GRANTOR'S r.sponsibilities and obligations
herein shall be exercised by the Divi.ion of State Lands, D.partment of
Environmental Protection.
:2 , TERM: The term of this easement shall be for a period of fifty years
coanencing on , and ending on
unle.1i sooner terminat.d pursuant to the provisions of this easement,
3. USB OF PROPERTY AND UNDUE WASTE: This .........nt shall be limited to the
construction and maintenance of . .idewalk upon and across the property
d.scribed in Exhibit "A" during the t.rm on this .a.ement. This .a........nt
lihall be non-exclusiv.. GRANTOR ret.in. the right to eng.g. in any activities
on, ov.r, across or below the ea.ement ar.a that do not unrea.onably interf.r.
with GRANTEE'S ex.rci.e of this .as...nt and furth.r r.tains the right to
grant compatib1. u.e. to third p.rti.. during the term of this ea.ement.
GRA!I'1'U .hall di.po.. of, to the satisfaction of GRANTOR all brush and
r.fulie resulting from the clearing of the land for the use. authorized
her.und.r. If timber i. removed in connection with cl.aring easament, the n.t
proc.eds from the sale of such timber shall accrue to GRANTOR. GRANTEE shall
take all r.a.onabl. pr.cautions to control soil erosion and to ~getnaaaltem No. 16814
June 8, 2004
46 of 60
-----
-"
other degradation of the real property deseribed in Exhibit "AN during the
term of this easement. GRANTEE shall not remove water from any souree on this
eas_ent ineluding, but not limited to, a watercourse, r...rvoir, spring, or
well, without the prior written approval of GRANTOR. GRANTEE agrees to clear,
r.mcve and piek up all debris including, but not limited to, containers,
paper 5, disearded tools and trash foreign to the work loeations and dispose of
the S&De in a satisfactory manner as to leave the work locations cl.an and
fr.e of any such debris. GRANTEE, its agents, succ...or8, or assigns, sha 11
not dispose of any contaminant. including, wt not limited to, hazardous or
toxic substance., petroleum, fuel oil, or petrol.um by-products, ehemicals or
oth.r agents produced or us.d in GRANTEE'S operations, on this eas~nt or on
any adjacent state land or in any manner not permitted by law. GRANTEE shall
be liable for all costs associated with any cleanup of the subject prop.rty
which is a result of GRANTBZ'S op.rations and use of the subject property.
Upon termination or expiration of this easement GRANTEE shall restore
the lands over whicb tbis easement is granted to substantially the s a.me
c~ndition as existed on the eff.ctive date of this easement. GRANTEE agrees
that upon termination of this easement .11 authorization granted berein shall
cease and terminate.
If the lands described in Exhibit "A" are under lease to another agency,
,-
GRANTEE shall obtain the consent of such agency prior to engaging in any use
of the real property authorized herein.
4. ASS:IGNMENT OF 1!:AS1!:MEN'l': This easement shall not be assigned in whole or
in part witbout the prior written consent of GRANTOR. Any as.ignment made
either in whole or in part without the prior written consent of GRANTOR shall
be void and without le"al effect.
S , ASS~GNMENT OF CONSTRUCTION: The construction of the aforementioned
sidewalk improvements shall be a.signed to WCI Communities, Inc. , (WCI) by
separate agreement with GRANTBE, WCI and GRANTEZ shall be bound, separately
and jointly, by all conditions of this easement.
6. RIGHT OF INSPBCTXON: GRANTOR or its duly authoriz.d agents,
r.pr...ntative. or employe.. .ball bav. the right .t .ny and .11 tim.. to
insp.ct this ......nt .nd the work. of GRANTKE in any matter pertaining to
this .asement,
7. COMPLIJUK:E W:ITII LAWS: GRANTEB agree. that this ea.ement i. contingent
upon and subject to GlIAN'rKE obtaining- all applicable permits and complyin"
with .11 applicable permit., regul.tions, ordinanc.., rul.., and laws of the
Stat. of Florida or the unit.d State. or of any politic.l .ubdivision or
a".ncy of eith.r.
-
Page 2 -of 15
h._ent No, 31212
IUO/2002 Agenda Item No. 16814
June 8, 2004
47 of 60
.- "-" --.,.-----
- - -- -
8, ARCHAEOLOGICAL AND HISTORIC SITES: Execution of this ea.ement in no way
aff.ct. any of the partie.' obligations pursuant to Chapt.r 267, Florida
Statutes. Th. coll.ction of artifacts or the disturbance of archaeological
and hi.toric sites on .tate-owned lands is prohibit.d unless prior
authorization has b.en obtained fram the Department of State, Division of
Historical Resources.
9. PROHIBITIONS AGAINST ~IENS OR OTHER ENCUMBRANCES: Fee title to the land.
und.rlying this .a.ement is held by GRANTOR. GRAH'l'U shall not do or permit
anything to be done which purports to cr.ate a lien or encumbrance of any
nature again.t the r.al property of GRANTOR including, but not limited to,
mortgag.s or con.truction li.n. again.t the r.al property described in Exhibit
"A" or against any int.r.st of GRANTOR therein.
10, PARTIAL INVALIDITY: If any term, covenant, condition or provision of
this eas......nt shall be rul.d by a court of cClllpetent jurisdiction to b.
invalid, void, or unenforceable, the remainder shall r.....in in full force and
effect and shall in no way be affected, ~aired or invalidat.d.
11. ENTIRE UNDERSTANDING: This easement sets forth the entire understanding
between the parties and shall only be &mended with the prior written approval
of GRAmOR,
12. TIME: T iJne is expreSSly declared to be of the essence of this easement.
13. LIABILITY: GRANTEE shall assist in the investigation of injury or damage
claims either for or against GRANTOR or the State of Florida pertaining to
GRANTBE'S respective areas of respon.ibility under this ea.ement or arising
out of GRANTEE'S respective management programs or activities and shall
contact GRANTOR regarding the l.gal action d.smed appropriate to rem.dy such
damage or claims. GRANTEE is r..pon.ibl.. for all per.anal injury and property
dAmage attributable to the negligent acts or omissions of GRANTEE, and its
officers, employ.... and agant..
14, RIGHT OF AUDIT: GRANTBB shall make available to GRANTOR all financial and
other record.s relating to this easement and GRANTOR shall have tha right to
audit such r.cord. at any r.a.onable time during the tarm of this .a.ement.
Thi. right .hall be continuous until this ea.em.nt .xpir.. or i. t.radnat.d,
This .as......nt may ba t.rminated by GRANTOR should GRANTZ. fail to allow public
acc.s. to all documents, paper., lett..r. or other materials made or rec.ivwd
in conjunction with this .a._ant, pur.uant to Chapter 119, Florida Statut.a.
15, PAYMENT OF 'AXES AND ASSESSMI!:N'1'S: GRANTEE .hall ...ume full
r..sponsibility for and .hall pay all liabiliti.s that accrue to the .a.emant
ara. or to the improvement. thereon including any and all drainage and special
ass.ssments or taxa. of every kind and all mechanic'. or mat.rialman'. lien.
which may b. h.raaft.r lawfully a.......d and levi.d again.t this ea.ament.
Page 3 of 15
Easement No. 31212
R1OllOO2 Agenda Item No. 16814
June 8, 2004
48 of 60
---- -.
,.",._~
16. RECORDING OF EASEMENT: GRANTEE, at its ow:c. expens., shall record this
fully executed easemant in its entirety in the public records of the county
within which the eassment site is located within fourteen days after receipt,
and shall provide to the GRANTOR a copy of the recorded eas~nt in ita
entirety which contains the O.R. book and pages at which the easement is
recorded.
17. AUTOMATIC REVERSION: Thia easement is subject to automatic te~nation
and reversion to GRANTOR when, in the opinion of GRANTOR, this easement is not
used for the purposes outlined herein, and any costs or expenses arising out
of the implementation of this clause shall be borne completely, wholly and
entirely by GRANTEE.
18. GOVERNING LAW: This easement shall be governed by and interpreted
according to the laws of the State of Florida,
19. SECTION CAPTIONS: Articles, subsections and other captions contained in
this easement are for reference purposes only and are in no way intended to
describe, interpret, define, or I i..mi t the scope, extent or intent of this
easement or any provisions thereof.
20. SPECLAL CONDITIONS: The following .pec~al conditions shall apply to this
easement:
A. Construction of the sidewalk will be solely on uplandS;
-
B, All temporary fill in construction areas shall be removed and re-
graded to original elevations and re-vegetated;
C. Any spoil material shall be used or disposed of on an upland portion
of the easement area and deposited on a self-contained upland spoil
site that is in cornpli~~ce with permitting requirsments; and
D, GRANTEE shall implemant measures for erosion and pollution COntrol
using best management practices in strict adherence to the Florida
Department of Transportation's .Standard Specifications for Road and
Bridge Construction,"
IN WITNESS WHEREOF, the par~ies have caused this easement to
be executed the day and year first above written.
BOARD 01" TRUSTEBS OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE
STATE 01" FLORIDA
By: (SEAlo)
Witness GLORIA C. NBLSON, OPERATIONS
AND MANAGEMENT CONSULTAm
print/Type Witness Name MANAGER, BURXAU OF PUlILIC
LAND ADMINISTRATION, D:IVIS:ION
01" STATB LANDS, DBPARTMBNT 01"
Witness ENV:IRONMENTAL PROTECTION
print/Type Witness Name "GRANTOR"
STATE OF FLORIDA
COUNTY or LEON
.-
Pa!1e 4 of 15
EasBJN!lnt No. 31212
IUO/ZOOZ Agenda Item No, 16814
, June 8, 2004
49 of 60
,
",,,,",,,,m ...-.~ ., ''''- ~~ --,
-- ,
t
The foregoing instrument was acknowledged before me this _____ day of
, 20___, by Gloria C. Nelson as Operations and Management
Consultant Manager, Bureau of Public Land Administration, Division of State
Lands, Department of Environmental Protection, acting as an agent for and on
behalf of tbe Board of Trustees of tbe Internal Improvement Trust Fund of the
State of Florida, She is personally Known to me.
Notary Public, State of Florida
Print/Type Notary Name
Commission Number:
Commis.ion Expires:
Approved as to Form and Legality
By:
DE:P Attorney
COLLIER COUNTY, FLORIDA,
By its Board of County
conwnissioners
By: _______ ..~ (SEAL)
Print/Type Name
Title:
(OFFICIAL SEAL)
Attest:
Print/Type Name
Title:
"GRANTE:E: "
~pI'O)'H It to fON & legal ,pf'i;1pnt,
/,+u.,. ~~
./ ...,
~,,;st~nt Countl AttorneJ
ollen T. C~11
Page 5 of I':')
Easement No. 31212
Agenda Item No. 16814
R1D/2DD2 June 8,.2004
50 of 60
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:c & 3~OO VIA DF.L REY ~
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-- -- -
- POINT or LEGAL DESCRIPTION I
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J: & I CIATH: Bee ClYlL ENGfNElP.s. LAND SURYEYOP$' PLANNERS to' II'lDE SJJJnJLl .t IJIWNAr;, lASTJ/ENT 3 V
X '0 3800 VIA DEL REY An",nrl ~T()1J.YI IE
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IS M A SURVEr SCALE: " " SO' W:T[f(Cm; or AU11fORfU'fTOH I<1JMBDi LB 5151 OAr!: J,{f(;OSi ZOO ~
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-
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SCitf' " = ~Q' I CSRnflCATe OF AUTHORIZAfIOfi NUJiHER LB 5151 I DATK: AUCUST to(}3 :
.
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r--- . CURyC TABiI LEGAL DESCRIPTION I
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!:e ----"I / IJR.I'N: Jil. em:, fJ(GfNEt:9SoUND SURrrnJHS' PLANNERS 10' WE Sl1JilfALK URAIJUGB JASlJ/ENT 5
I :I: Q) 't> 3800 VIA DEL ReY .. W~ /lfJ.AD IE
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~! 10' rIDE SlDlfAlX ~ DRAINAGE EASlJJENT 19
I& z C!l7L fNG/NEEfIS -I..pm SURVFfORS' PWIfIERS
X ~ I ! 3800 VlA DeL REY Agenda ItmfDlW.M6B14 IE
W t1l BOtoIT/. SPRINGS F'!..'Jp.mA 34J34 SlC1'IO,V 9. jQ11;SIIIP,JUrffj/(K, ~ lIS'- ::
..
} PHCJ1E . (23.1 947-JH~ FJJ.: (2;;9j .~7-0~75 ~'U'LF.r, COlll1A cou. ~
is 'JJm'ISl!!lIiSfRlfU' <:
~I C::.mflCA,F: Of Al'rRCRIZAtlGH NUJ/[)t:F~ u; 5151 fli TE: A {fCf/ST 2003 /JNA1/Jrr;: B-26J.5 -
-
..,
..
t
.--
EXECrTIVE SUMMARY
Accept a Temporary Construction Easement and a Right of Entry for the purpose of
accessing a property for staging and maintenance during the construction of the Palm Street
Outfall Stonnwater Project. Project 51804. Fiscal hnpact not to exceed $50.
OBJECTIVE: To receive BO<1rd approval for a Temporary Construction Easement and a Right of
Entry to be used for stormwater site improvements and temporary staging within the area of the
Palm Street Outfall project.
CONSIDERATIONS: After numerous years of residential nooding problems in the Palm Street
area the Stormwater Management Section (If the Road Maintenance Department has identified
necessary improvements for the drainage in the area. Palm Street begins just south of U.S, 41 at
the V,S. 41 Commercial Drive intersection. This project starts one block south of U.S. 41 on Palm
Street and runs west to Fredrick Street. north on Frederick Street. then west to a tidal drainage ditch
flowing under Sandpiper Street and into :\'aples Bay, The total length of the project is 1,350 feet.
Project elements include construction of as many teel of large storm sewer pipe and box culvert that
will enclose an existing undersized open drainage ditch, Also included are ten (10) drainage
structures and three (3) utility crossings, :-'1J.intenance will be performed on drainage facilities
currently existing,
--- In order to construct a portion of the proje\:t. a Templlrary Construction Easement to be used for
staging of equipment and construction materials is being donated by Philip A. and Anna Maria
Marrone, property owners whose property \-vill benefit from this project. In addition, the property
owners are also granting a Right of Entry so that the County can enter upon their property to
provide maintenance to a currently existing Jrainage dill.:h.
FISCAL IMPACT: Funds are available within the Stormwater Management CIP Fund (301) and
the Project Number is 51804, Funds for the rCl.:ording of documents, not expected to exceed $50 are
available within this same Fund number. Sllurce ut funds is Ad Valorem taxes,
GROWTH MANAGEME~T IMPACT: Construction of these stormwater management facility
improvements arc in accordance with the gnal and objectives of the Drainage Sub-clement of the
Growth Management Plan.
RECOMMENDATIO~: That the Board of County Ccmmissioners:
(1) Accept a Temporary Construction Easement and G. Right of Entry from Philip A. and Anna
Maria Marrone;
(2) Authorize Staff to record said easement in the public records of Collier County, Florida;
and
(3) Approve any steps necessary for the purpose nf committing to move forward with this
project.
---
Agenda Item No. 16815
. June 8,,2004
1 of 6
.
,....~_. '..-..'...,...""",.--..........
.~~-_.._~"..._,." . ._,~-""""..._'"'..,..."..,
.
COLLIER COUNTY
SOARD OF COUNTY COMMISSIONERS
,.,,_'
Item Number 'i ~~8:~;
Item Summary .I\CCGpt a or f:mpcrar'i Co~st:"li,_:tic'n :=as<::m~~t ;:nd ;3 R~9!""1; .::f Entry fer thf>
~'~E'pO:3G o~ 8c:::~$sir.g a ;:HCJr)~~rt'i ~or ft~9:r:g i!r;,j ma:r:te::anc~ ChFir-:.;t the
cor:str:.J:::tjo~ c'~ t:l'~: PC)I:"l1 ~~tr~et Outr'(;;~ Stormwatr.r p:,,:::.jf':::~.
Meeting Date t3i3.'2Gn.:.:. ~]:n{j:00 ..\f\~
Prepared By
_:~!'H::f~~ ~{jP~ Br~~:'-' S~I'!;0( P:..:-::Y.!(:y A<.:~:.:;s:;tft:.!! S;..a:-<.:i:~:;~',~ DC}t~
rrim!=;:")l';rt:r:r: ;-)~)...;r;'j;;.:r:;. ":":: CM~H</,..v :;,~?f./?Gt)4 i;~ ~ ;:H: PM
,-\ppro\"ed By
Tr,;rr!~'::'.:'~2::on En,ir.e~r:r:q!
G:'~~Hi R. Str9x~il;S~ ;.::,;m~tr~H,jj'i;':: MtF~;~ n;:-&f.;fc: D"t..
-:r.o.:'j9:):t.~~;~H; F."ngir:~t'r;:"~~J .~~Id
Tr2}:l$pOort:O~ S~I-v-;': .:.$ C:')n:C;~fi.lctlC'n 5iZf,/2C04 ~:~4 PM
Approved By
r)i~w~ Pen):::;;;>:; f.X~;';;'lt:'~ eo s~~~ r!'!'~~'!:/ l);;~tf!'
T~ C):1S;.)\,)(t:G:: S~l"v ;'.: ~'S =:,~"::,;,:,,-:,"~.c:;~::">i\ .3~:'"...';(;~~ 4..t::::::: :S:;::C''J~ 7:1(; ~p{~
.\ppro\ed B~
...:ch~ \'!if:)~ ?' .:,.~.j::. ~~j I~t.:.;~:.~:.~.: .:. :s OJ pcr::~r~ l"":::u ;-.~ 02lt.~.
r:'n:1~n!):i::c:": =;~~r..i;i;':.:e;. :~v~v :'V:?;;-.~':'~~~~.:..:;.' ~i:~' ?:2'004 ~: :/.~' AM
.\pprond B~
",.- (;:;,);:a H~:,:~(.~ M,~!,,!i;19~"'r:e~t'B.;..:d0flt ,t..;:O:}.'S? [),,~
r~::S:'IS~{;~t;'.:-!" S~r'c':C{;~ T "3;;S;';::J;"t~~;{;): 0::'~:'"3{:(;:~S 5.i:,'2'G0t. 3::7 ~f.,~
.-\ppro\'ed B~
K{....iil HE:-:dr;.: ~":' ~:;:;ht C:: "';u') ;"''':':;'Ji':.~~:('r: ~..~3{"),-:1-;;{". 0:1t(:
T~2~S:JO:~.::t;('r. [:1~ir~":'er~'~~9 .~"1(l
T:":-j~lSfH;:t:~~ :;~);,';>':~~ C01"Istr:...l;.:...I........ :;:t ::.(0.:)4 ~. ~~ .4M
Approved By
P~::Er H3':"'<:<' r. ?'~{j{o-(~ M.~.r.::.g-:'" .)2;;:;:'
r:'''n~r>l)M::c:'': 5~.'r....;r:';,~ :~v:;....: 10.!.:;.;..~{~;-...:;;:...;.. ~<. :.'?cn~ ~.~~ ~:o.,~
Approved B~
Sh~ru:; f.c~wmd;;l A..;;.;;c;;.;n:.i!1l) :-)l;:;o;:;'ii~o: ()~,.
T'(>s:'lSs:;c.::t;,.,)!": S~r"{:(;f.:!s :- '3:~S:';U:~-::~~{; r: AJ ''!"~~(!~i:~,(:::l.t:c:: S:2:7:"2..;Ot. 3.:J~ PM
Approved By
p .::!! L~hr.h3:'d ,i:,d:~li:,i$~r.~~h,:o:' Assi st,3(1t 0:it(>
CCt:nty M?:':?9P.:-'~ .:)ff:C':~ Otf;.;;~.' of M;:Jn3g~mo;J1t. .& B;;~9~t i.'/.i:~'/.HO..: $.~~ AM
Approved By
M!!'.;htsp.l Sr~iy~.nw~ki M;..;;;..~~;.~~;;~ &. aud'J~t Oir~o:.::tur D..~t~
CDt.!!"!t'{ Mi!:~2!G'!"!o(~ Off;t:~ Offk:Ci (;f M3n:::l.~c::rra':m: 3c. a:;d~~l ~i2'3<::G!).~ L :!;~ P P..~
Approved By
...:,3rr!oe':':' V. Mij<1d C,:,ur.ty Man3g~' ()"t~
a:>"r<l cf CC';J'1ty
.- C{;rr::~':ssj{;::c;::s C~:H;:i M;,n:1~J~:"'~ Vff:!'"~~ ~i::~~::::G0.: ~'.~f.. >-'M
Agenda Item No. 16815
June 8, 2004
2 of 6
-- .... _.-
--- ---~-~._ _ _..u_
PROJECT: Palm Street Outfall
PARCEL: Marrone - Lot 45
FOLIO: 26880560003 (Portion of this folio number)
TEMPORARY CONSTRUCTION EASEMENT
This Easement granted this ~ day of ('('tQ-'-\ , 2004, by PHILIP A, &
ANNA MARIA MARRONE (hereinafter referred to as "Granlor"), husband and wife, whose
mailing address is 3400 W Crown Pointe Blvd, #201, Naples, Florida 34112-7420, to
COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns
(hereinafter referred to as "Grantee"), whose mailing address is 3301 Tamiami Trail East,
Naples. Flonda 34112.
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this
instrument and the helTs, legal representatives and assigns of all individuals, and the
successors and assigns of corporations.)
WITNESSETH that the GrantOf, for and in consideration of Ten Dollars ($1000) and
other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged,
hereby conveys, grants, bargainS and sells to the Gfantee, a Temporary Construction
Easement to enter upon the lands described as follows:
LOT 45, COL-LE-CO TERRACE, ACCORDING TO THE PLAT THEREOF IN PLAT
BOOK 1. PAGE 32, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
for the purpose of constructing public facilities in this area. Except as provided below, this
Temporary Construction Easement shall expire on November 1, 2004.
If the construction of the public facilities is not complete by November 1, 2004, then the
Grantee may extend the Temporary Construction Easement for an additional thirty days by
recording a Notice of Time Extension in the Public Records of Collier County, Florida If the
Grantee shall extend the completion of the public facilities, Grantee shall first notify the Grantor
in writing at the address listed above,
Upon the completion of the publiC facilities, the Grantee shall restore the surface of the
easement area to its original condition.
Agenda Item No. 16815
June 8, 2004
30f6
---.-.-
.
<,'.-
IN WITNESS WHEREOF, the OWNER has caused these presents to be executed in its name
this ~ of ;\'\l-'-\ ,2004,
Witnesses:
/~(~ -1i~Ll~
SiTEature .t)t' tkcr PHILIP A, RONE
.s ('.lAd E
Print Name
%_J;i 17), ~-;{<d;
s~nature
-.. (lei lcl k,J, 1<..1.) I t 2..
Print Name
STATE OF \,\0i<'~C...
COUNTY OF ~\<o \\q, {
The foregoing TEMPORARY CONSTRUCTION EASEMENT was acknowledged before me this
\0 day of \r'i\ L'-~ , 2004. by PHILIP A. MARRONENho IS personally known to me
or has produced \;:k, '-' - f' L.' as proof of identity.
(affix notarial seal) _ ~t)~~
.- ~ . ~--,.- '"-'"
(Signature of Notary Public)
"
'C \ \~~.> (\ I~..;> '('
-::-P- 1'\<. _ ,
~,'" ';; -;:~,;.;;:~, , (Print Name of Notary Public)
- ~ 'l;\-'''C.. T . -/O(....';s,..-.... ",-"",~E -. :
'-'JJ!t.. ...:C9.1f:Y, Serial! Commission # (if any)
~- ~ .;):..~ -:c.~ =)c'~,\)...s
~~"f' '2~~._-~~;:'~~~?~~- My Commission Expires: ,~".:. '-1 I.. z..:..-.' I
--
rJ--/l' ( dl./?L ," /'
~ ~ ,-c.:.--- . _ ..... -
Witness: {)<:, kl<pr ANNA~f0ARIA MARR~~
f3,~:\(/ E
Print Name:
~itP /}j, /J~~
~ess'
-'('II Jc\ to" f:::v l-t "2
Print Name:
STATE OF "\0~"\""-
COUNTY OF ~o \ \\OO! <
The foregoing TEMPORARY CONSTRUCTION EASEMENT was acknowledged before me this
W day of ('1,\(:....,-\ , 2004, by ANNA MARIA MARRONE who is personally known to
me or has produced 0Q.,,H \ ,,-\', L ~ . as proof of identity.
(affix notarial seal) c.::::> ~..,~
~~
(Signature of Notary Public)
C:-~Y\.<.\, r:
~---:IJ '0;,:=.:~~~:~:Ai'1 ;.~.;.;. \~Q...",-,,,4'(""
~ .....~. SAl'-L'I~E:i' (Print Name of Notary Public)
;f:iil i ~'~"~;;E".:"'<'.
.....,"<. I,,; ,.~";!. . ",vr::(j.':.hrs.~Er,~~ Serial I Commission # (if any):
, /' ~. "I'" >.;.,.n~t'. __-__ My Commission Expires: -..)'-" \"" Co , 2.0' I
---.. ,
A~enda Item No. 16815
Temporary Conswction Easement ,MarTOne 2 4Dpro~S to forti ~ lega sufflclencYJune 8, 2004
L1 ~./ 4 of 6
Asslstan Count} Attorne,
-..- -"~- --.,---_."'~..- ,.. -"" -_._--
..
PROJECT )lAME Palm Street Outfall
PARCEL: t-larrone - Lots 39 & 40
RIGHT OF E:'\TRY AGREEME:'IlT
KNOW ALL !\'rE~ BY THESE PRESENTS that PHILIP A. A."ID A."II'A MARlA
~tARRO"E, husband and wife. whose mallmg address IS 3400 W. CrovlTI Pomle Blvd ;:201.
Naples, Flonda 34119-1403, heremafter referred to (smgularly or collectively) as 'OWl\'I:R', lor
and m consIderatIOn of Ten Dollars (SIO.OO) and other valuable eonslderahon, do hereby grant
unto COJ.UER COl.!'YTY, a political subdivlSlon of the State of Flonda, Its agents. eOnlrJc:Wrs
or assigns. whose mailing address IS 3301 Tamlaml Trail East. Naples. Florida 34[12, heremaftcr
knO....ll as 'COrNTY', the temporary license and nght to enter upon the following lands of the
Owner:
LOT 39 AlI.1) LOT 40 COL-LE-CO TERRACE. ACCORDI:'\G TO Till PLAT
THEREOF AS RECORDED 1:'1' PLAT BOOK I, PAGE 32, OF THE Pl'BLIC
RECORDS OF COLLIER COl':"TY. FLORIDA.
folio Number: 26Sx04ROO02
OR. Bouk 2703 Page 746 (Recorded d,lCumentatlon of o....l1erShlPI
THIS TE,,!PORAR Y EASEMEI'\T IS granted fur the express purpose of:
Pro\idinl: a stal:ing area to acce" the materials and equipment stored for the Palm
Street Outfall Stormwater Project,
Thc construction to be undertaken OV the Collicr County Stormwater Management DeDartrnent IS
bemg performed In order to lmpro\'C S:0rm\\'a:er cramage conveyed through the Ea,t and South
"aples area.
ADOITIONALL Y, the rights and m:ere,: eom~yed hereunder are condllioned upon the
reasonable exercise thereof bv COl':\ ('Y. COl.'NTY agrees not to unreasona':)ly m:crtcrc w1th
O\VNER'S us~ of the lands deSCribed ab0\'e ('OU~'TY further agre~s that 1t ,hall. at the
CO Lr..'fY, S cost. repair any damage caused to O\\'~ER 'S Property as a re~ult of COL"NTY'S
exercise of 1tS nghts granted by this Right of Entrv The oW11er' 5 property WIll b~ reI umed to as
good as eondlt1on than be/ore the COL' :--;'] y" S work began.
ALL RIGHT .>\]\1) PRlVILHiE hefCln ~nted ,hall expire upon the completion of thc
constructlOn of ,alJ dredging proJcct or by 'io\'en~ber I st. 2004, whichever occurs lir".
Agenda Item No. 16815
June 8, 2004
50f6
R'ln' of Entry, M:uronc
,
.
IN WITNESS WHEREOF, the O\V}."ER has caused these presents to be executed in its name thiS
~ ' f Mo...'\ ,2004.
Z~:;( ~CLIL r1~QY~&,"L~~
Signature k PHILIP A.4i1'ARRO~E
~I'OI.d C De..k ~r
PnntName
Jj;~P.f 17, 1q
Sl~ature
CC"r"td N, kurt'2..-
Print Nam~
STATE or 'f\'UIL,e\,.,
COm."TY OF Cs:,; l\\Q."
The foregoing RIGHT OF ENTRY "J, a..:knll\\ ledged r-efore me this lSd.... day or'
0\\.~ . 2004, by PHILIP A. \1.\RRO'\E who 1S personally knO"'l1 to me or has
produce(r\;'?-,..:>~, L-.\ as proof ,,1' llJentl1\
(affix notarial seal) ___::-:~~:,.).- \~~...........,
I S:gnature U!' "olar\' Pub!lc \
, -...." ,
.___ :::::, ~ "- \.,. '\:::."-"." 'f-->-'"
, "'l'~ J.> .' _"... r...-( ...;;.. _ - ---- --
I~,,.., ........'" "iAil" :JP.'Jt.po:1:f \ Pnnt ~Jn;(' of t~otar\' Public)
o~"\'C.""""'0 ~_. .
\\_~/' x ':' :lr.I...I'SS:CN frrM,l.~ '
~ 'II;;,"'\,J;i\~ -< cc~'" .' - .. .-
!""''l q...~ O':"....")C...~.SIl+.C'"};...QS:: \ SenJ. (()~lmlSSlon;:z. (ll any):
._. l a<,,-o ...'_'(,~~ r..,lyCommlsslonExplres: ,'}....\..,l. ?w'1
.1
......~ ,// /'
~ - '/ /
;q~! {' /. d dL r~ _' _ ~ ~/ r ~j~
Wttness: -,.\K'\A r\f1\RL<\ MARR01\'E
A-,.,);:: Dc f/C"e...... /"
Pnnt Name:
jJ.,~~ 11, ~..v1i
\\' ttness: '"
C;,,[,. L...\ 0, v.1.-' h...
Print Name:
STATE OF ~\k,,\',
COID-IY OF ,:o\b?1'
The foregoing RIGHT OF ENTRY wa, aCKno"ledged before me thIS l~ day of
\....'\~ ' 2004, by AN1\'A MARL<\ M:\lU{O~'I[ whu IS personally known to me or has
produced ~\'iiih '- \.. ,c. as proof of (dent:t)
(affix notarial seal) ~ "
_c~~ ..s.i-. W\},.').,_._:J::u.,;~
(Si~ature of1\'o1ary Publtc)
C' \ \ \)
~_._. ....___.._.._ J;.\,f\.'c:n\.... \)~~--'-~,,~
~ ,...Q"''''l~ ,,:,'., ".::\....N\..."'1YSEAL '
o'~ If'''';' '''''''Y'''''..M<Ii~ ! (Pnnt ~;ame oiNotary Public)
~r, ,
'-It ;\. :")I,f~ISS~ ~BER :
-:; . ~ CC94H~" ... ,I' ., ~
11<-" r~ "y,O'Jt,IU..s"""~_s l Seria" ComnllsslOn # (It any):..,...-_
, ...< '\.-' ,_:'.":;,~,":i:r..:!.-.__' t.-1y ComrrussJOn ExpIres: .~~ " I., 2,'..../
\
'wr~d !S t..tl fMr.,l.~t1cmfn!:W\cNO. 16815
, I.....-- Jtme 8. 2004
~>~ i) ~~;;l- (~llnL' IItLel'lIe, 6 of 6
ltight or t::.ntry . Marrone
--...---. - -...-----..-
c-- EXECUTIVE SU:\'llVIARY
Reject bid #04-3654, Livingston Road (Pine Ridge Road to Immokalee Road) median
landscape improvement construction project
OBJECTIVE: To accomplish median landscape improvemems on Livingston Road (CR
881 )from Pine Ridge Road to Immokalee Road in conjunction with the Collier County Landscape
Beautification Master Plan.
CONSIDERATION:
1. On April 2. 2004. the Purchasing Department sent notices to 40 vendors for the
landscaping and irrigation installation of Bid #04-3654, Collier County Landscape
Beautification Master Plan. Livingston Road (Pine Ridge Road to Immokalee Road)
Median Landscaping Installation,
2. On April 15.2004 at 11 :00 am. a non-mandatory pre-bid meeting was held. at which time
all prospcctivc bidders had questions answered rcgarding thc bidding documents for this
project.
3, On May 4. 2004, all bids were due into the Purchasing Department. Only one bid. from
Vila and Son. was received,
4. Since only one bid was recriveu. Tr:msportation stuff requests that the project be
readvertised and rebid,
The low bidder, Vila and Son's bid was over the budgeted amount for this project. By rebidding
the project at a later date. the interest l)f the County \vould be better served by receiving more
- than one bid and having more than one contractor compete for the proje.ct.
FISCAL IMPACT: None,
GROWTH MANAGEMENT L'lPACT: There is no growth management impact.
RECOM~IENDATIO~: That the Board reject Bid ~-3654.Livingston Road (Pine Ridge to
Vanderbilt Beach Road) median landscape improvement construction project submitted and
allow staff to readvertise and rebid the project.
-
Agenda Item No. 16816
. June 8, 2004
1 of 24
.
._o_.___.,~";",..""""."...,, __.,...__""...,w...___ ~_._.._._,
COLLIER COU~TY
~"-- SOARD OF COUNTY COMMiSSiONERS
Item Number 1f..8~6
Item Summary F-~E~j~~~;t t:.id #:J4~J6~;4. Uv:r!~~stc,n R(j3d {CR fj8: )(Pin{~ R~d-;;E~ Road-Vc:::odBrb:::
8each F,of,d) median la~,ds('8pe improvement co::struction project
Meeting Date 6:8/2004 9:f.iG:f.iG ?,~,~
Appro\'ed By
Sharar. Newma~, Accounting Slipefviso' Date
T f ar.s portic,n Ser.v'ices Tfilr.SPort2ticn Admlnist'at;,:m ~!~4.i2004 3:0:J PM
Appro\.ed By
Pamela J, Lt,licl': Proj.,ct M"r,a;:v:r Oc-:~e
T',1nsportk,r. ServIces Traffic Op.,rat!cn,;! A 1'M <;;.;4!2(;lJ4 ~O:29 AM
Appro\'ed By
~t~,(~ C<1n~~:: Pl;ri.:.~jn.'~lt.:~;G~:'H;:'.~; S'/I;'';' D::'~'''~~:',1r D,~t-.;
A-:j~'::r.:strztlVG S~f'y~ces Pl~r::-.:J3$i!.:9 5/;4:1004 3.~~~ P:\~
Appro,.ed By
T)'~ff:c Ope~o~:~...n~ l:H~C A:t T~;Jr:~j
0,,1r.~ 8. F:~gg Mor.;es D'fect'-,r 0.-:~e:
- T:';.:H":S~oft:on S~r'.;ice$. T:,,;.~ff~~ Opf;;~t;,:~:'le.;.." ,{...T:'/ 5:~ 3/2(:CI/~ 7' 2--: yr~
A pprO\ed By
Lyf' Weor::, PLir:113SIf'g Ag'cr:: Uate
Ad~;r.:str2:tive SCr'v'ICe$ PLi"::: h3Sir.S; ~:'~5/2004 ~2:59 PM
Approved By
()!,1ne P~rrym.H" E:<f:Ct;tr>te ~;~cr..-~t(:',-~~, D,-:?e
rrar.S~1ort:;:-..r. S-r:rv~ces r:'.;1r.S~10l"1'zt:c:: 'S<-'(\':;('~:-? ft.G:l'::r. S:';9i2DD4 ~2~48 PM
A pproved By
Pat l,llt:nh;nd A(j:~~ir.istf~t: 'o/f7 .A'?~l ::,t ;;:~~ D,~tB
C!i\mty MM1<l;)l;r',; Oifi!A' Qffi(;~ of !\"h:lnbg~:':'(~~~! ,,~ Bj;~g~:. 5j2'~;'2(H)4 it 1 So AM
Approved B~'
Mi:.:ha!ii Smyi<.ow'S;;., MO!r:3gemf;.!~t & B~"~9I'::t Dir'="~tof D3t~
County Mam\Q!iI"s Office Office I.,f Managem<:n! & B,;,~g<:\ 5!2~!2G04 1 :25 PM
A pproved By
Jame!; V. ~h.:dd County M:wagF Dati?
Board of Cc,unty
Ccmrr.issicners C!;ur:ty MM'<lgl;"~. O:::U, 5i:)1!ZG\i4 ~:22 PM
--
.-
Agenda Item No, 16816
June 8, 2004
2 of 24
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June 8. 2004 "'0
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April 22, 2004
Collier County Transportation Operations Department
2700 Horseshoe Drive South
Naples, FL 34104
Subject: Livingston Road (Pine Ridge Rd to Vanderbilt Beach Rd)
Collier County Bid #04-3654, Meter #2
Eftlucnt Irrigation Meter Sizing
To Whom It May Concern:
Our office has reviewed the revised preliminary eflluent irrigation meter sizing information for
the above-ret'erenced address, Based on the informalion that you supplied lo Dur office. the
requested two-mch (2,0) eftluent inigation meter meets our minimum reqUIrement and is
,_... therefore acceptable,
This does not consider any continuous load demand. Since our review is for the minimum size
requirement. the engineer should consider all relevant factors before approving the final meter
S1ZC.
You should apply for the meter with the Public UtIlities Customer Service Department located at
2685 S, Horseshoe Drive. An ef11uent meler lapping fee 01 $851 will be chargcu,
If you have any further questions or concerns regarding the information contained in this letter or
in the attachments, please feel free to contact me at (239) 732-2575.
Sincerely.
Barbara A. Olko
Administration Assistant
C: Pam Libby, Water Distribution
Heather Sweet, Utility Billing and Customer Service
Wes Hill, Engineering Services
--
Agenda Item No. 16816
June 8, 2004
16 of 24
GA~R:inoeriCS!: TecWMe.1er Sizin2lProtec..5Jlrri meter & fees
--. >__e", "---. ---,"-
April 22, 2004
Collier County Transportation Operations Department
2700 Horseshoe Drive South
Naples, FL 34104
Subject Livingston Road (pine Ridge Rd to Vanderbilt Beach Rd)
Collier County Bid #04-3654, rvleter # 1
Effluent Irrigation Meter Sizing
To Whom It May Concern:
Our office has reviewed the revised preliminary effluent irrigation meter sizing information for
the above-referenced address, Based on the in[urmation that you supplied to our office, the
requested two-inch C2,O) effluent irrigation meter meets our minimum requirement and is
therefore acceptable,
This does not consider any continuous load demand, Since our review is for the minimum size
requirement, the engineer should consider all relevant factors before approving the final meter
SIze,
You should apply for the meter with the Public Utilities Customer Service Department located at
2685 S. Horseshoe Drive. An e[Ouent meter tapping fee of $851 \.\ilJ he charged,
If you have any further questions or concern,> regarding the information contained in this letter or
in the attachments. please feel free to contact me at (239) 732-2575.
Sincerely,
Barbara A. Olko
Administration Assistant
c: Pam Libby, Water Distribution
Heather Sweet, Utility Billing and Customer Service
Wes Hill, Engineering Services
Agenda Item No. 16816
June 8, 2004
17 of 24
G./EORioeeriQR Tecl:YMclel' SiziD~'PrOjec..sl1Iri meter & fee5
--------
-
COWER COUNlY PUBUC UTILITIES DMSION
3301 E, Tamiami Trail · Naples, Florida 34112 · (239) 732-2575 · FAX (239) 732-2526
April 22,2004
Collier County Transportation Operations Department
2700 Horseshoe Drive South
Naples, FL 34104
Subject: Livingston Road (Pine Ridge Rd to Vanderbilt Beach Rd)
Collier County Bid #04-3654, Meter #2
Effluent Irrigation Meter Sizmg
To Whom It May Concern:
Our office has reviewed the revised preliminary effluent irrigation meter sizing information for
the above-referenced address. Based on the information that you supplied to our office, the
- requested two-inch (2.0) effluent irrigation meter meets our minimum requirement and is
therefore acceptable,
This does not consider any continuous load demand. Since our review is for the minimum size
requirement, the engineer should consider all relevant factors before approving the final meter
SIze.
You should apply for the meter with the Public Utilities Customer Service Department located at
2685 S, Horseshoe Drive. An effluent meter tapping fee of $851 will be charged.
If you have any further questions or concerns regarding the information contained in this letter or
in the attachments, please feel free to contact me at (239) 732-2575.
Sincerely,
1=k~~
Administration Assistant
C: Pam Libby, Water Distribution
Heather Sweet, Utility Billing and Customer Service
Wes Hill, Engineering Services
-
(~ Agenda Item No. 16816
. c c June 8, 2004
0 c .. 0 .. t1 t .v 18 of 24
-
G: lJ;n&ineennc T..,hI_ Si2i"l'ProjoclsllrTi _ '" fees
.
------..'. '"...- --" -_."--, _____.m
_____ u__ .......
04:13p Bo~nton.pu..p
FPX NJ. :239:!13S399
8 Memorandum
............ ,~" .
To: Doyton Pump &lnigatlextSuppty
1620T.... C.ntefWay
N.,.H,. ffork1a 3..10.
(239)5,..11S1
Fall (239) 594-1937
From: Darryl Rfehard. Proj~t MJmager. CoIIHtr County Trwntportatlon
(238) G$9-5175 or (239) 114-t4H
o~: AprM 7. 2004
SUbject: Quote W:CX' HIT Producta - Llvtngaton Ad (Pm. Ridge to V8ft)
Cc: ~am Luttch. Land.cape Operation. Manager
Plusc provide. quote for for Llvlnpton Rei. (Pi11. RIdge to VDR).
Tltit proJeet nqufres: Qty. 3, HIT % - Wire Converter t1nits(L-tJNI-2-SS)
Tb.nk )'0tI,
Darryl RI~baTd
'Pro,ted MltIUlgcr
Tnmc.OpcndotPandAlternatiu l'rlnrpodadoa Modes
27MHonHlIoe Drlw South
NapJe., FJorJda 34104
tde.. (239)6$90-5775
f.'.u(239}2J~~
3-/?Q
TllllIJc~landAlfemativ(J1'l1trt~tionNgtiMa Item No. 168.16 ..........
'.}<><< ..June 8; 2004H
... . ... ... 190124.
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. "CUSTOMER'.' .... . (],,~ #:~ 1"'.;1 . ,it'.. ~~1"1' ~.....~ .r,{' _...._ 0 CASH DPICt UP CJ TAX
".COSltRO., JOB NAME. DCHRG.. Doa C]NOTAX
'.~l'AkEN8V PUlJ.ED8Y ,_,,--- ...... Dc.a.D.. OUPS (:]0006
<. ..'
/ ..... .......
.L.-.<1!lQf!t1EDSHlPPEO INVENTORY , OES~ .... 1110
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.135/10/21304 H;~ 48 239-f>43-68l3 [ E SH1MO!If'S EL=:< F';;~(~E ~;!
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€. B. S"IMMONOS'
4406 Ex~n~ AWnIJ. #105 EleCtrical, Inc. N~{2M} 643-2' ~~
~" I"iot,da 3410.t-702>;
s~eET LIGHnNG . UTlUTfES . Gf:Nf.RATORS
IND\I$T'FllAl ANb COMM~RCIAL
Estimt1l.e mul Contrl1Cl
TO: Collier County ~nmcnt May 5,2004
Traffic Operations aDd A TM (Altematiw Tran~ation Modes) Quote #Q041 0367
2105 South H~ Drive
Naples. FL 34104
PhOne: (2.39) 213-5886
Fa:x~ (239) 213-5899
Attlmtion: Danyl JUchard
. .... ~.- ......... - , ._....,~~~~~ -
--......... -....... We~. $Ubmit speei&ations and ~ for: ~ Service fM L~(\ft ReI ~'* . Oid ~54
Pmt 1UiI~ t(l V Mderit<ilt &uh Rtf
$cn'iee #2
13981 Livin~too Rd, - Ste, 387+00
J aOA. 3-Phue
1900' open tTCftcl1
FPL Mar-ges (up to $1,250,(0)
Total Material, &}uipmc:m., t.abor, Ilnd, MO T, ~,145.~'1!
Seniee inch1dcs pennitting and: Sod. (if needed)
Fill dirt (ifnecdcd)
Cot2Q'ete slab Sm-i(;e lateral
F<PL ch.arge.s Equipment hook-up
NtJk: fris ~tun: ~ for b~ ~ only. m1/r.lit% u.lll be N1l1ed 00 tunc and 1nlltmal and 'will be itemiz~ per Annu;\l Cootr~t
THIS CONTRACt EXO.UDES ANY & ALL PEJt\IIT. TNSnCfroN, I'MPAL. AND VTILfTv FEES. Al~L
AMOUNTS EXPJtE..C;SED AND 1'0 BE PAUl IN US DOLLA.FlS.
PRICE DOES NOT INCLVDE ROCK REMOVAL OR DRJU.ING WHEN EXCA "'''TING,
We bcreb}' propose to furnish the aOO\:-e cOO'lplcte in. acco.tdllnce with the above ~pccifications for the ~um of
Twenty. r,,'O Thousand One HuncIt1d Forty-FIVe and 001100 DofIars(V2,,!.~~,OOt
.?aymcM to be made as f"Hews: In ftt1I upon COJDplerion
It is thcretpontcibility ci the pun:h83a"~ lO ptm.-)de ~ ~ to till' joo 3ili::. If ~vriDg the COl..lT8C of ttle JQ!) it be:om.~
Jl<<tllSaty fo tra.\'Cne ~dewIlb, ~ .anu or llOd. fl\)\\fcibed.'l. sprinklerl;, elC, Ev~r dl"ort will be tnosrl~ m tlVoid ~. damage ,
ShoWd bJellla 0IlCUf. .. direct mutt of out' maM~'. rc:pAin may he made ft ltdditional. 00lIt to !he 0'W!K't"
All m*ria! used m ~ 00Q1r8et ~ g:uIlT8IItkd to be 1$ spcei6<<i. and the eui:re .lob ill to be dcme m a 'neat llnd ~lbstantiQj tn8nner. Any
-...__tho --_upoo~"",_ oflabor ~ ",,0 ""_ _"""" "
written or JIII'baI orda--for 5amrl. * win bel:omc 8ft e:'(h charge m.wtbf: ~ mcntiaocC in this Purchaser ~ to p*" m1erc~
~ of! Itl% pet:tl:tl:!ntl.t which II 8tt annual ntte of 18%, III the ~U1t ~t ~s DOt made. ptM' ~ to ptl)' all C::~ v
--orooll_~in_..,hl"""",_ ~!,.
~:"" .1/\ I
Signed ~' c. '_'_ ,_
-'.- , '"-'.. ~.. .. - .~ n _~t:'.... 'n. _~n. n._ ....;:.:::..~.. '''_'''''''.'___.
ACCEPT AN'CE OF ESTIMA IT
The ~ ~ ~ 3D(l ecnditioos are utisfacwry, and the same an" hereby ~t<<i and agreed
tQ,. iIDd hereby autborize you to ex<<:ute me same, Agenda Item No, 16816
June 8, -2004
Date_uu S~ by un,.. 21 of 24
-
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.."'"....,-. .-.......''''''..
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05/16/2804 1&:48 239-643-&873 E B Sl~t~ONDS ELEC ?4(~ ~2
~
€. B. ~rMMONDS-
440$ e.'latOJ ~ #1~ Electrical, lnc, ~.ple$ (230) g-43.277C
NiIlplM, J:loricfa 341~.7024
STRF.ET lIGHTING . UTU.mrs . GtHEAAlORS
INDUSTmAL AND COMMt:ACIAL
EStimate IlIld C01l.1nu:t
TO: Collia' Count}. Oovcrnr:ncmt Mfty 5, 2(}04
Traffic Operatioos and ATM (AltemotiYe Tf3DS~ Modes) (>.t~ #Q0410366
2705 South H~ Drive
Napk.t, FL 34104
tJftOnc: (239) 213-5816
Pax: (239)213-5899
A1tcntion: D8rryl Richard
~_.- ._._..15!!!!__..__ "_"'::"~n_'''''_ __".I. ___n...............u..~... .~tt~n............... .-..:.;.;~::;::;~:~:-:-__.~_"':~=
We l:taeby submit specifications and cstimaU$ fur: Etectric:al Savtce.r LMn~ Rd llTiption ., Bid 1f04..J61
Pin<< Ridae to Vamiertfilt BeKfl led..
Servi<;e # I
13643 Livingston R.d - Sta.. -5.2.6 -;. 7C
lOOA.3-Pbase
900' trc:lnch
-" Fl'L %:~ (up to $1,250.00)
Total Material, Equipment, Uiboc and, M.O.T. $.l}~
S<<vic:e inclueb permitting and:
Fill dirt (if needed) Sod (if needed)
COtk.'1Ue slab ScrvH:e 13tern.l
FPL charges Equipment. hook-up
Note: this ligure lit for budgel ~ (lIlly. ~:riec 'Will he b8s<<l on time mx! m~~.l aM. ",-in be it~~ peT l\nnucl C(!f)tr~.
TRJS CONTRACf EXQ...tJDES ANY & AU. PERMIT.INSPECfiON. IMPACT ,-\ND UffLITV FEES. ALL
AMOUNTS EXMlESSED.AND TO BE PAID IN US DOLLARS,
PlUCE DOES NOT INCLUDE 'ROCK REMOVAL ORDRlLUNG WHEN EXCA VATI:.'\1G.
W~hercby propoac to famish the above complete in accordance with the 8bo\--e spedficatic.m~ for the sum of
Thirteen Thousand Eight Hundred and OOftOODoUm (}13.800.00),
Payrttalt tc bo made as follows: In fun UIpOD CGJnplefiM
It b' tbf: ~bilit)' otthe ~ to pF('lvjde edcqwst" 6l'lCUS to the job !'lite, If Curlnllhc ro'.E.~ c{ the J(tb il hecome~
~-,! 10 t:I"I'VCnc sidEWlJDc:s. ~,' tp"QC or !OCt, ~, 9pritlk1cn, e\:o. E\"lli:fY .etrott wilt be mll~ 10 nwid any damage ,
ShouW ~0Cl0Ur. a fhrcct t'C$\llt cL. oar ~> r.epan rosy be m.d<: at Idditiona! ~ to the OW'lltlf '
All ft1ak:ria1 wed 10 tins t'OO1nCt S:! ~ to be AS spectlicd. and the 41drc JOO ill to be done in /I neat aOO s'llb~ti.J mllDDa'. An}'
~ ordcviatiol1:hrD 1ht ~ bctcdt1 *~\lpOO. m~ving~iri C(lSf otlabnr and erial1,l.il1 he ~ed upon ci1her 8
written Of va-bal mJer fur same, IDd wiJJ bcc:ane lI(\ exn ~ <Mr'the sum UJaltKmed m llri.s ad, Plrrcba!lC1" 3 . pay~
dmp:s rL J 111% ~ month wbicb is III 8I1l'Jt3fl rm of 18%. In the A'eN ~t l$ D(l( B~ Co psy aU &xi
~ ofooJJ~ indudi!lt ~1DlJ lUome)'S-'
Signed ~.
= , _ ~ ...., .... ,... .- ",.--...........- ..
- ACCEPTANCE OF ESTIMATE
The !brc,gom, tarms., specifi~tions #nd CODditioos ~ satisfactory. MId the same are hereby a<:eepted and agreed
tc.& hcrebyautbcri7.e:yoowexcatethc~, Agenda Item No. 16816
Date SipedbY_m....,..,..,....___....,....June 2~ ~~g:
....H
"lAY. 6. 20114 H:H 49AM VILA &: SCN I'1IAr1 r r.<:, 1::':'4 ,.', < 1
Vfl..A AND SON LANDSCAPING CORP. -.................
13901 NW 118 Avenue
Medley, FL 33115
(306)80$-()()66
(305)805-421Q FalC
FAX COVER SHEET
rnw, Ms, Pamela J. Lulich i
.J
COlfPANY: ,,- _.......-~ I
Collier Coumy
I FAX NO: - -,~ IDA TE: 51612004 I
239~213-5899
tBJECT~ Bid #04-3654 lINO. OF PAGes: 2 I
'MeSSAGE:
Enclosed plea$e find the state license for our directional
bore subcOntractor, American Boring and Trenching.
I There will be no other subcontractors used on this project
I
Vila & Son will be self performing an other wot< under our
certf1led general contractor, landscapel and Irrigation
licenses.
If there Is any additional license or infonnation you require,
please advise, i
I
I
Thank you i
i
I
I
I
1-' Jose M. Quint8!'" . ~ I
Agenda Item No. 16816
June 8, 2004
23 of 24
""""-"~""' "..~,"" -~~."
"iIl~i"{. €" 20040 lie: 4SAi'~ BUlLA & SON MIA~I t23Sl ss~-~,,,^::.'::"
. ..,.;. .~...... ~: :~' p. l
,-'A"'; 1110432 STATE OF FLC1RIDA
DBP~ em BtJ$XNBSS AXDJtRonssIOllAL JtZG1fLA~:ION
. COHSftVCTXOJt :mDtrS"l'RT IIXClI'NS1'JfG BOARD. S8Qt~D3.100S001U
~r.... 1
1
'J:he. ~ tn'n.rrf Ii. Bl'CAVATJ:ON cO
._4 be1QY :tS C!'8.IlTUXSD '
'Q'He:' t;he provisioa.s of Cha!ter,489 Its.
Bxpira~~cm date: AVG 31, 20 4
~"-l~ JI1tBI'tZ I(
A)I12lY BQaX)fG '" ~ XNC
656 l'~ 1m
FOJrr Kr&JtS J't, 33~O5
~-= tl~
OISPU\Y AS REQUIRftl BY LAW BB :y
- on un .....
- , -v-----.. . . ..,
~1110437 STATE OF FLORIDA
DEP~ OF ,8l:Js:tN1tSS ANnPltOFBSSIOtlAL ~T'XON
COlIfftRUC':':tOJl :;b1trO'S'rRt' L:tCBNSmo :aOA\U') sEQI1an100~Ol,G9
~dR ... I
..--I
i
b.!!I -5 00 :'\n'l.~4774 7068 ..
- The BtlSD11ISS ~~01'l
N_cl b.low :IS Q~U'xsn
vndar the p=oviaiou. of Chapte~ 489 ?S.
=rauOD da~e s AtfG :n" 2005
f S XS NO'r A LIcPSS TO 'P:8U'OU( WOB. TmS ALLOWS
COMPANY TO DO Inm:umsS:" 0!nl'Y 3:7 r'r.lIAS A Q'aALrfIER..}
~CAl( BOlUNG tc ~ D1C
~~ ~LA 1WAl> pt. ~39G5
. ST^TE OF FLORJDA
LEE COUNTY L1C"St6E Wl.Ak: 2OQ$.JG04
OCCUPATIONAL UCENSE UCENlSI!. ~ oQa2!I16
l,(latiDd AMeRICAN BONNG1TAENCHlNG INC
6M&J pAMGOtA DR OARI..ANO~M
F1' MVERS PI. 3380S 6560 PANGOt.A OR
FT MV1DtS FI.. 3$905
EJtpfRJjSS: UP'J'EM8ER so.. 2DH
Ie....nc.nsed III ~ ..... tD......... in ....~. l nIs.s NOT i~.. 00 ~PAY : "'-:1
praIII..Jl"'. ~ Cot.
I~V1'lUID CON1'JW:\'O& PAID 01"11lO-~ ~12:52. -l
1[ ~ $30.00
-
Uil'$ L.tCf.JllS2 VAUf.} otL Y WliI!N ~ BY
TAX COU,.EC1'OIt
Agenda Item No. 16816
June 8. 2004
24 of 24
-
.
~
,......
EXECUTIVE SUMMARY
Approve contract Amendment No. 01-3216-A-02, (contract no. 01-3216), with Woods Hole
group for the Haldeman Creek Restoration Project (Project No. 51011) in the amount of
$183,820.00.
OBJECTIVE: Obtain Board of County Commissioners (BCC) approval of the second
amendment to the contract with the consultant firm of Woods Hole Group for processing Collier
County Permits for the dredge disposal site, and chemical & physical sediment testing to
determine if dredge material is suitable for daily cover at the land fill.
CONSIDERATIONS: On November 13, 2001, the Board approved Agenda Item No,(16) (B) (1)
authorizing Woods Hole Group for professional engineering services, design and permitting of
the Haldeman Creek Basin Restoration,
The current contract amendment is proposing the addition of 8 tasks, They include:
. Review of Data/Documentation/Information
. Processing and Acquisition of Collier County Permits
. Outstanding Issues Florida Department of Environmental Protection and United States
Army Corps Engineering Permit Applications
. Requirements by proposed disposal site owner
. Develop construction specification for disposal site
. Meetings, Project Coordination and Management
,,-
. Contract Management
. Acquisition and Analysis of Sediment Samples for the Landfill Use
A site improvement plan, ST petition and EIS waiver are required to use the proposed disposal
site. The proposed disposal site will enable the County to complete the permitting phase of the
project in 3 months and be ready to start construction in November 2004. Without the use of
the current proposed site it would take up an additional 9 to 12 months to determine & permit a
"new" disposal site and significantly delay the dredging project,
Additionally, the original scope of work proposed the dredged material to remain at a disposal
site. The current proposed site does not need the dredge material and the County would like to
determine if the dredged material is suitable for the use at the municipal landfill or may be
suitable for a public works project. As a result of the change additional chemical testing of the
sediment is required because the requirements for disposal at the landfill are more stringent
than if the material were left in place on a disposal site. Additionally if the dredged material is
used for public purposes the County will save approximately $101,250.00.
FISCAL IMPACT: Funds in the amount of $183,820.00 are available in the Stormwater
Management CIP Fund (301), source of funds are ad valorem taxes,
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with
this executive summary.
RECOMMENDATION: Approve Contract Amendment No. 01-3216-A02 with Woods Hole
~. Group for the Haldeman Creek Dredging Project and autt10rize the Chairman to sign for the
Board,
Agenda Item No. 16817
June 8, 2004
1 of 12
,'.,- .._, ",",-,_............,.__.,,,,,.
,.,-..."..'"..0.;......'- .,~, ."-. ",,' '~.,"" -~-"'''-
COLLIER COUlXTY
.-
SOARD OF COUNTY COMMISSION!':RS
Item Number If.817
Item Summary t~r;ptOYB (c.ntract .L\rn0n.j:'T1H~! No. 01.32~5-A-Q2. t'contrHct n~")_ 01-3216:. \,.~':th
V\-'o:1ds HGie (..;rc:.up for thn Ha!denji~:"~ Cn~~~k RBSt():r.tt1Grl PrQj~~cf ::ProjEH:1 No.
~:) ';~: -: n :n tr.e arr:Gun! c.f S 183. 820 ~1(j
Meeting Date 6,;8/2(104 9:00:00 JiJ/'
Apprond By'
Sh3rar. Nf.'w~:?:r, Accoijr:t~r.g S:..lpeiviso!' U2te
Trar':sport::::.r. Scr'y'~ces Trar.sport:?:tion Administ':?:tion !';/2"l.i2004 "!: ~2 P;\.1
Appro'"ed By"
Steve earnr'!; Purch3singiGm1lH,1i Svos Director Oi:?e-
A" "t t' ' Pl;rchasi,',g 5!28!2004 12:'; 1 PM
or;rrHr.:s r~ rile ~(~f\.'~C€S
Apprond By
D,;H'<' P<,rryr':<lr: F."$.~{;~t:\/~ S~<.~r~t.~1l"'y' D,~t~
TnH~S~;'O).t.:.r~f: Sf:-rv:!;~I:: r;',~~~sr>ort.atio:~ S~r'y':\";~:; Ad:1~:f: Si;(S!2nn4 ,i:Si; PM
ApprO\ed By
NO:':;~ E. fedf.-:". ,'\:CP T~'~p:ipl')rt~t:Q~ D:yjb;"..~:'l Adr:-,,:ipi$ti~~~~.,Y D~~~t:f
,"- T"~n:ipf)Yl~c:"1 Ser'v:~fi'~ Tr~nsp.ort~t:{;i": Ser'.;ices Acirr::ri. 5j2~!2Gn4 ~ 52 PM
Apprond By
Donai:! L Scott Trllnspe<!'tat;c'n Planning Di<f.',:tOf t)zt~
Traf!specrticp Sf:rl::::E':; Trllnspc.!'tat;c.n Planr;ir.g 5:28120134 g::3~ AM
Approved By
Ur.da Jack;;o,': Contract.,., Ag~:~~ wat..,
A.dm::~~str.;1tiVf! S~~'1t-:f:~, fJL:rchC1s~r.g; S:2g;2i,;U4 t"ir: .b,y
Apprtned By
Pat L~h~lhard Aar:'1:;~~str~t:\,.l~ A~~~~t~fi\ O;;:tB
C,~tmty Mar:ager's Offi,~<, Office of M.~r.a!'l{.jmA()( & B\:dgA' 6:~ /:100,1 8;1\3 AM
A pproved By
M;chael Smyi<.owsk; Management & Budget Direct'-'r Oo.te
Ccufity Mar:age(s Office Offke of M31'ilgemenl & B\:dget 6!~!2l}O,j ,UJ8 AM
Approved B~'
Leo E. Ocns, Jr, Deputy County Mar:agf.'r {)z;te
Boare of County
Commissioners C"W1ty Mal'lager's Offjce $1~!:100,1 2:25 PM
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Agenda Item No. 16817
June 8, 2004
2 of 12
'-~-, -- .."__M~_m ..._- -~~,- "--
~
WOODS ~
HOLEGROUP
May 21,2004
Mr, Peter Hayden
Storm Water Management Department
Suite #212, Horseshoe Square
Horseshoe Drive
Naples, FL 34104
TRA.c~SMITTED VIA FAX
Dear Mr. Hayden:
The Woods Hole Group has compiled the following Scope of Work and cost estimate based on
the following:
. several meetings with Collier County (the County),
. additional information requested from the various regulatory agencies,
. data required to design and engineer the proposed disposal site,
. requirements to obtain Local County permits or waivers for the proposed dredging
activity, and
. chemical and physical sediment testing required to place the dredged material in the
landfill
The paragraphs below list several key task assignments and milestones the Woods Hole Project
Team has identified as out-of-scope from the Collier County Master Contract. The following
letter outlines the various tasks to be performed and the cost to complete these tasks. Each task
is presented in the order in which it will be completed.
Task 13 - Review of DataJDocumentationlInformation
The Project Team is familiar with the documentation and records requirec\ to complete the FDEP
permit applications. However, the additional scope of services requested to support the local
permit effort and to complete the out of scope requirements listed above require a review of
county records. Specifically, this search will concentrate on the proposed disposal site and work
required to permit this location and the associated work to use this site, A brief review of all
existing data, reports and documentation will be conducted to assess the amount of information
available. In addition, County files will be reviewed to ensure that the Project Team has
acquired all known existing information and data for consideration. Documentation regarding
81 Technology Park Drtve East Falmouth, MA 02536 Phone: 508-4~221 Agend~~ES~i~&~~B 17
www,lwcishar@whgrp,com une , 004
3 of 12
,-
previous studies or work performed by the disposal site owner or agent (Coastal Engineering
Consultants, Inc.) will be sought to assist in completing the project tasks described herein, This
review potentially will save the County money by preventing duplicated efforts,
Task 14: Processing and Acquisition of Collier County Permits
All material required for the. County permits will be prepared and submitted to the County
regulatory division. The tasks developed below are the outcome of a pre-application meeting
that was held with the County regulatory staff on February 11, 2004. During this meeting the
requirements for obtaining local regulatory approval were agreed upon by the County staff, The
following tasks will need to be completed in order to obtain the local permits:
. Determine the requirements for the Site Development Plan (SOP) pennit application,
. Determine the requirements for the ST petition,
. Determine the requirements for the Environmental Impact Statement (EIS) waiver,
During this meeting the County staff agreed that the EIS waiver will be granted. As a result we
have not budgeted for the preparation of an EIS and assume a waiver will be granted.
Task 14.1 - Prepare Site Development Plan (SDP)
The Woods Hole Group Team will prepare all required material for the SOP for the activity
proposed on the disposal site. Information presented will include preparation of a SDP per
Division 3.3 (signed & sealed) including cover sheet (Section 3.3.7.1.2), SOP application
(completed & signed), SOP pre-application meeting notes from the February 11,2004, and cover
letter describing the project. Other items to be included with the SDP submittal are provided on
the attached SDP Pre-application meeting notes (Attachment A, not included with this
document), Following submittal of the SDP application, the Woods Hole Group Team will
respond to two agency requests for additional information, if necessary. Appropriate changes to
the documents will be made following review and approval by County staff. Upon acquisition of
the construction permits, the Woods Hole Group Team will review the final draft permit and
conditions. Based on the conditions presented, the Woods Hole Group Team will negotiate on
behalf of the County as deemed necessary.
Task 14.2 - Prepared ST Petition and EIS Waiver
Provide assistance to the County with the preparation of the ST petition and EIS waiver. This
will include assisting in completing the forms, providing any required information, and
submitting the ST petition and EIS waiver. In addition, provide input to the County regarding
the project qualifying under all requirements for approval of the ST petition and EIS waiver.
Task 15 - Outstanding Issues with Florida Department of Environmental Protection (FDEP) and
United States Armv Corns of Emnneers roSACE) Permit Applications
In the course of obtaining the permits for this project, the FDEP has requested additional
information which is out of scope, The Woods Hole Group Team will provide assistance to the
County in addressing, preparing for and responding to FDEP and USACE outstanding issues for
the project permits,
,-.-
Agenda Item No, 16817
June 8, 2004
4 of 12
'~'-p'-,' ~'~.---_..~-" "-
Task 15.1 - Assist in Preparation of Response for FDEP
A meeting was held on October 14, 2003 with FDEP to resolve any outstanding issues.
Following the meeting, e-mail was prepared by FDEP that outlined any outstanding issues, The
outstanding issues that have not been resolved include, a Memorandum of Understanding
(MOA) between the County and disposal site owners, a written statement from the County is
required that indicates the proposed project is consistent with the County's Comprehensive Plan
and meets all local rules and regulations, in accordance with 18-21.009 (l)(d) F,A.C" a
resolution from the County is required, providing proof of mailing for property owners within
500 feet of the state lands involved with the project. Noticing to these individuals will be
required before FDEP can finalize their authorization to issue a permit for the project. The
Woods Hole GToup will provide assistance to the County in preparing for and responding to the
above outstanding items,
Task 15.2 -Assist in Preparation afResponsefor USACE
During a meeting held on November 14, 2003, the USACE identified the outstanding issues with
the project permit. The USACE indicated that the existing lake on the disposal site that is to be
filled is considered jurisdictional. This activity will impact wetlands and require mitigation. The
USACE will require a mitigation plan prior to issuing permit. In addition, the USACE requested
a manatee plan that provides guidelines for protection during construction.
This task will include preparing documentation for responding to the USACE including:
. Determine location and extent of jurisdictional wetlands on the disposal site,
. Develop mitigation plan for the proposed impact to the wetlands,
. Develop cost estimate for resulting mitigation, and
. Develop manatee protection plan.
Task 16 - Requirements by Disoosal Site Owner
A meeting was held with representatives from the disposal site on February 5, 2004, The
purpose of the meeting was to coordinate with the Owner and discuss the project objectives.
During the meeting the Owner statcd that he will rcquire sampling of thc sediment and water
during construction. Therefore, the Owner requests a test plan be submitted to his agent (Coastal
Engineering Consultants, Inc,) for review and approval. Several other outstanding issues still
exist between the County and Owner including:
. A Memorandmn of Understanding (MOA) between the County and Owner,
. Resolution of wetland mitigation requirements for the jurisdictional lake to be filled,
. Finalization and agreement of responsibilities of County and Owner regarding
0 local permits,
0 sediment management,
0 and funding
The Woods Hole GToup Team will provide assistance to the County in preparing for and
responding to the above outstanding items. This task will include preparing documentation for
responding to disposal site Owner including:
. Development of Test Plan for Copper (soil & water monitoring),
. Assisting in preparation of MOA, and,
Agenda Item No. 16817
June 8, 2004
5 of 12
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. Provide recommendations to the County regarding the mitigation requirements for the
jurisdictional lake to be filled.
Task 17 - Construction Drawings and Bid Soecifications for the Disoosal Site
Development of the disposal site was not included in the original contract with the County. As a
result, this task includes preparing construction plans and bid items for the disposal site
necessary for contractors, The Woods Hole Group team will prepare all technical specifications
to support the bid process, Detailed drawings will be prepared at 1 inch = 100 feet and will serve
as the basis for the contract drawings in the final package sent to prospective bidders,
This task will include preparing construction specification including:
. Develop construction drawings of the disposal site,
0 obtain wetlands inventory of disposal site
0 Survey location of disposal site
0 obtain detailed soil and ground water information (assume 10 hand-auger
sampling locations)
. Develop construction methodology for constructing berms and disposal of materials,
. Develop bid documents, and,
. Develop construction sequence and construction plan for the disposal site.
Task 18 - Meetings. Project Coordination and Management
....- The Woods Hole Group Team will prepare for, travel to and attend six (6) meetings. The
meetings will be held to coordinate thc project and to provide project updates to the Board of
County Commissioners, County Manager, Advisory Boards, holding public workshops,
community meetings, meeting with other consultants involved in the project (CEC) and other
stakeholder meetings as deemed necessary and appropriate.
The Woods Hole Group will complete monthly updates to the County Manager on the schedule,
tasks and any outstanding issues or problems determined during that months work.
Task 19 - Contract Management
Task 20 - Chemical and Physical Sediment Testing
The original scope of work called for the dredged material to remain at the disposal site,
However, the County would like to determine if the dredged material is suitable for use at the
municipal landfill or may be suitable for a public works project. As a result of this change,
additional chemical testing of the sediment is required because the requirements for disposal and
hence, chemical testing required by solid waste management are more stringent than if we were
to leave the dredged material in place,
Task 20.1 - Develop Chemical testing Plan
We will develop a chemical testing plan that will minimize the testing required to make the
determination if the material is suitable for the landfill, This plan will be discussed with the
County prior to sampling to make sure that the sample protocols are acceptable,
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Agenda Item No. 16817
June 8, .2004
6 of 12
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Task 20.2 - Sediment Sample Acquisition
Once Task 20,1 has been completed, a boat crew will obtain package, and ship the samples to a
Florida DEP certified laboratory for chemical analysis,
Task 20.3 - Sample Analysis
Collier County Solid Waste Management has requested that the following analyses be performed
on the dredged material:
. TCLP - metals only,
. BTEX,
. PAH,
. TRPH,
. Total Metals, and
. Chlorinated Hydrocarbons
These analyses will be performed and the results will be reported to the County for determination
if the material will be accepted for landfill cover of for other use,
To ensure timely and cost-effective completion of this contract, The Woods Hole Group will
maintain rigid cost and scheduling controls on all work performed in association with the
contract and will adhere to the project timeline. The Woods Hole Group will coordinate sub.
consultant contracts to establish deliverables, schedule and invoicing procedures to meet the
County's requirements for payment. The Woods Hole Group Team remains unchanged and is
comprised of the following Team members:
1) PHS&J
5300 West Cypress Street
Suite 300
Tampa, FL 33607
2) Morgan and Eklund Surveying & Mapping, Inc.
8745 V,S. Highway 1
P.O. Box 1420
Wabasso, FL 32970
3) Woods Hole Group Environmental Laboratory
375 Paramount Drive, Suite 2
Raynham, MA 02767-5154
Additional Services (to be approved in scope and budget at a later date)
Task 7 - Construction Phase Services
Agenda Item No. 16817
June 8, 2004
7 of 12
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The following items have not been included in this Scope of Work because preparing a final
Scope of Work requires issuance of final permits (County, USACE, SFWMD, and FDEP) with
attached special conditions to determine the requirements that will be dictated by the Agencies.
. Project Performance and Permit Compliance Monitoring (physical and Biological),
Additional sampling, testing and monitoring required by FDEP, USACE, Disposal Site
Owner and possibly County.
. Increased site representation required during construction,
Schedule
Task 13: Review of Data/DocumentationlInformation - 5 working days from Notice-to-
Proceed
Task 14: Processing and Acquisition of Collier County Permits - 15 working days
from Notice-to-Proceed
Task 15.1: Outstanding Issues with Florida Department of Environmental Protection (FDEP)
Task 15,2 United States Army Corps of Engineers (USACE) Permit Applications - 60
working days (2 months) from Notice-to-Proceed
Task 16: Requirements by Disposal Site Owner - 30 working days from Notice-to-Proceed
Task 20: Sample collection completed with 60 days of Notice-to-Proceed
Please note: work can be completed concurrently on all tasks.
.,.-
The Woods Hole Group Team is prepared to start work immediately upon receiving a notice to
proceed, Please give me a call if you nave any question.
Sincerely,
/
L~d~
Lee L. Weishar, Ph,D.
Senior Scientist
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Agenda Item No. 16817
June 8, 2004
8 of 12
".'-- ---~.,-_.__...~~._---- ,-,- -,.... "~",. ----
Collier County Englneenng Services
Addendum No, 2
Holdemon Creek R_rstlon Projsc:t
Wood. Hole Gra Lsbor Sull Controexor
_0_ "" 1Io'P""1 I ..-
TASK DESCRIPTION _'n T_
TAS1C - s~"",, WMorotlll _OJ !....... 'Mto...... T4lIW
N"'_ S1~O.tv UI/h' LttI<< T~"Co" .... ; ..... [
13 R... of D.talDoC<l.m.ntatio.....nrorm..ion 0 $4,580 , $4,580 $4,580
ToQlI T.... 13 , $4.510
1. p",~ina and Ac.auisition of Collier Cou~P.nnil
,.., '-- ...~.. Plan 50-";'- 5 S550 $9,380 $1,000 i S 1 0,380 $10,930
.... ~ST......andQW...... 5 5550 $4 580 , Sol 580 SS130
,
ToI:II lair 1~ I 5110110
15 0 1M... FDEP and USACE Pe,,"~ W;.aUOflI 24 5 52.865 $4,030 $ol.330 $7,195
'5.' ........ In "'.....alan at ReutonM for FDEP 28 5 53,305 $10,450 , $10,4S0 $13,755
,.... .....ist In _n of Re"'onMlor USACE
.- $20.85.
roatTull:1I
.. RAlou_ by 0100001' Site Ow.., ,
9 5990 $8,41 0 I sa,41 0 $9,400
T... lull: 1. $1,400
17 00....... ~ SlMcIfk:oIionelcr 01 SIW T
n.' Surwv & Ma Wetlend. Bound,,... I"d o.iftnul Loca'lons 24 $2,5-40 $3,060 $4,260 ' I $7,320 $9,960
".. _"'S~ 10 $1,100 58,880 I $6,880 $7,980
11.3 "'"--' Silo _. _. end Ana""'lo 2_ $2,8<10 SS,62O 12,000 $7,820 $10260
17.... Do_o ~I .Ilf Corwtruc1lDn Plan 24 $2,540 5S,450 SS,4S0 $8,090
17.' ......... DiaD_I SIW Bid llocumonta 2_ 10 53,090 5S,450 SS.4S0 $8,5<lO
17.' 1ItrPMI.. Otsnoal stt8 COMwc:tlcn s.a..nce P"n 10 $1.100 $ol,490 $4,490 SS,590
r....Tan 17 S50,420
" ....tinma. Proiect Coord..,.Uon and M.'Jn~nt
47 5 55,395 sa ,900 $8,900 51429S
Total lu" 11 514._
,. Con.-.ct ~nt
20 5 $2,425 $2 ,550 $2 ,550 $4,975
T.... Tuill " $4.'75
20 1......._ _ ""_.. of "_n.S_""" ....ndttll Uoe
a&.' Ia"" 24 $25-40 S2.6<1O
au 56 $6160 7500 2 S80 SSO 080 SS6 2<10
20.3 22 $2 420 S 1 B<lO $1&40 $41lO
r....T...2ID $63,1<10
G_ TDlSI 51113 120
Agenda Item No, 16817
June 8, 2004
1 0 of 12
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SECOND A~IEND~lENT to Contract No, 01-3216-A02
The "Haldeman Creek Restoration Project"
This SECOKD Amendment, dated June . 2004, amends the original Agreement. hetween
Wnnd, Hole Group ("Con,ultant") and Collit:r C1unly. Florida, ("Owner"),
RE: This amendment amends Contract # 0]-3216 - The "Haldeman Creek Projel.:L "
This amendment is needed to acquire additinnal field data that was not requested in the original
contract. Additionally, a site improvement plan. ST petition and EIS waiver are re{}uired to use the
proposed disposal site, The propo,>ed w,pu,al Silt: will enable lhe County 10 I.:Ump]ele lhe
pcrmitting phase of the prujel.:t in 3 mllnths and be ready to start I.:onstructiun in November 2004,
With out Ihe use of the current proposed ,He it would take up an additional Y to ] 2 months to
determine & pennit a "new" disposal site and significa.ntly delay the dredging project.
In order to continue the servil.:es provided fur the llnginal Contral.:t dOl.:ument rcfercnl.:ed above. the
Consultant herehy agrees to amend the aho\'e referenced Contract as per the Supplemental
Authorization Ex.hihit "A2.A" dated May 21, 2004 attached and incorporated herein hy reference,
The Consultant agrees that this amends the ,'r;;n.d Contract amount of 5387,954.75 and that the
Consultant agrees to complete said additional ,ef\ll'es for an additional $1!\3.820.00 as per ex.hihit
"A2.A", This Amendment No, 2 increase, U'le 'c'ul agreement amount up to $6]2.103.75, The
work contained in thi, contract. a, amended. \\ ill adhere to the pf0po"ed contract "Chedule (,ee
aLlacht:d memo daled )"1a} 21, 2004 fur rt:\ hl.J ,';;1l'duk I.
AJl other term, and conditions of the agreement ,h.dl iemall11n force
I" wrr:-..'ESS \\lIEREOF, the Consultant ;[;,J t~c County have each, respt:ctJvely, by an
authorized person or agent. hereunder set their hands and seals on the datel s, indicated helow.
ATTEST: BO:\RD OF com COMMISSIOi'.'ERS
Dwight E, Brock, Clerk COLUER COU',TY, FLORIDA
8y: 13'
,.
Deputy Clerk DO'."\.-\ FIALA, Chairman
Approved as to form and
legal sufficiency:
T om Palmer. ASSIstant County AlLOmey
CO~SCL T A. 'IT:
ArrEST: \VOODS HOLE GROUP
8y:
First Witness Dennis G, Aubrey. Presiuent
Printed Kame of First Witness
Second Witness
Printed ~ame of Second Witness
Agenda Item No. 16817
June 8, 2004
11 of 12
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CONTRACT MODIFICATION
CHECKLIST FORM
PROJECT NAME: Haldeman Creek Dredaina PROJECT #: 51011
BID/RFP #: 01-3216 MOD #: Amendment No.2 AMOUNT OF THIS CHANGE $183.820,00
PO #: 203233 Work Order #: N/A
CONTRACT AMOUNT: ORIGINAL $ 428.283,75 CURRENT $612.103.75
(STARTING POINT) (INCLUDING THIS CHANGE ORDER)
Last BCC Approved Amount $ 40.329.00
(LAST TOTAL AMT. REQUIRING Bee APPROVAL)
Date of Last BCC Approval June 24. 2003 Agenda Item # 16 B 6
Percentage of the change over/under current contract amount 43 %
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 (8):
ORIGINAL: December 2004 CURRENT: June 2005
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SUMMARY OF PROPOSED CHANGE (S): Processing & Acquisition of Collier Countv Permits for the
disposal site. preparina construction drawinas for the disposal site. development of test plan for
copper (soil & water monitorina) and chemical & phvsical sediment testina to determine if dredae
material is suitable for dailv cover at the land fill
JUSTIFICATION FOR CHANGE (S): Support information the dredaina permit. The additional work is
not included in the oriainal contract,
PARTIES CONTACTED REGARDING THE CHANGE: Norman Feder Transportation Services
Administrator. Steve Carnell Purchasina Director. Jerrv Kurtz Principal ProiectManaaer. Tom Palmer
Assistant Countv Attornev
IMPLEMENTATION STEPS (Verify each before proceeding with change using V, Nor 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: Peter S, Hayden Date: Mav 27. 2004
DISAPPROVE: Date:
,- COMMENTS:
Agenda Item No, 16817
Revised 8/22/03 June 8,2004
12 of 12
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o-'-~'" .
EXECUTIVE SUMMARY
Adopt a Resolution authorizing the acquisition of property by gift or purchase for
the purpose of assembling land to facilitate improvements to canals and
properties in the East Naples area specifically located within the Lely Area
Stormwater Improvement Project. Fiscal Impact not to exceed: $310,000.
OBJECTIVE: To approve a Resolution authorizing the acquisition of real property interests by
donation or purchase, in fee simple or easement, to enable County staff and contractors to make
various improvements to the stormwater management system within the East Naples area.
CONSIDERATIONS: In February of 1992, the Board of County Commissioners accepted a
progress report outlining proposed capital improvements in the Lely Canal and Lely Manor
Basins, These improvements are critical to both create ami improve the treatment and control of
stormwater within the continually developing East Naples area. Although. the acquisition of
parcels has been occurring over the past decade at an intermittent pace, the problematic tlooding
in that area has created a more urgent need for remediation by facilitating the construction and
maintenance of both retention and detention sites. The land incorporated within the Lely Area
Stormwater Improvement project is an area that includes a mix of residential, commercial and
light industrial use properties. Some areas are fully developed while other areas have
....-...... experienced limited or no development. The parcels acquired to date have heen donations and
purchases by willing sellers/grantors,
A number of property owners in the East Naples area have expressed an interest in either
granting or selling an easement or their entire parcel to the County for this Stormwater project.
Therefore, staff is recommending that the Board approve a Resolution to authorize the
acquisition of land by donation or purchase for the Lely Area Stormwater Improvement Project
as described in Exhibit "A" of the Resolution, The Resolution delegates certain authorities to the
Commission Chairman, and provides some blanket authorizations to staff to expedite the
acquisition process and eliminate duplicative ta'SKs and reduce the need to revisit the Board with
consent agenda items requesting ministerial approvals.
FISCAL IMP ACT: The fiscal impact of the project is not anticipated to exceed $310,000
inclusive of acquisition, closing, recording and other fees necessary in order to acquire property.
Funds are available in County-Wide Capital Improvement Fund (301) under the Lely Area
Stormwater Improvement Project (51101). Source of funds is Ad Valorem taxes,
GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the County's
Growth Management Plan.
RECOMMENDATION: Staff recommends that the Board of County Commissioners:
1) Adopt the attached Resolution authorizing the acquisition of land by donation or
- purchase and authorize the Chairman to execute same on behalf of the Board.
2) Approve any budget amendments necessary to implement the collective will of the
Board, Agenda Item No, 16818
June 8, 2004
1 of 8
---"".......'",.'" ..",.,,,,,-",~,,,,,,,,,,.,,... ..' ,.,.~-~-
COLLIER COL'lIiTY
BOARD 0;: CO:jNTY CO>t1MiSS;ONERS
-
Item Number ~f~: ~~.
Item Summary ,t\::=oGt .:: R<E..O::..:t,,:.I' a-..;tr!,,:,,-,z;'-I'; t:'€' 30~u:3.t:Cr: .)f D:":):)8~{ t.\, f:11t :X D:..;;--:;r!c=se ~c"
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Prepared B~'
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Apprnn'd By
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Approved By
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: ~Q"'~:",(l.~;.;,:-, Sl'):'"V'':-.,,,:c: ~..:-,:--:c::;,:,,'"':.:lt:.;.;-,. S~""';';l')e: '~.~,7.: S<'8.')(::>~ 3'3.;: r-'M
ApprO\'ed Il~
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Approved By
:;:!: :"'i;lh~i'!a.:~ A--'::P.;r.i~~j21r;"'$ :"'::';~;S;:2 '"l~ L.!:;2to
c<.'.!^t}' MclmS~~!"~ 01f::x. 0f!:{;(.:.>1 M"-:laSJ(~!mirlt -& 8:.:<1:;;.): ~/:L=3:,'2lHJ4 "'Jr: PM
Appro,'ed By
M:<.;ha.l ~~YH()W:::l;'.; Ma;;a-;I!t;::~~'; lr. o:;d.gtiot C:r&et~r U31.o
':":O!~~t'Y Man.ag~r:lO OW';""f!o 011;;;~ uf M~n.Slt>m.nt -& 3uds~t !>;;/;!'!2ll'J" 5:12 l'i'lI
Approved B~'
-,
~fiFn~,. '.! ~\~u.:;:.:: C~;Jr:!y M?:~.::;~~~ D~t.;.
;jJa~'-.: 0('* C(".:""'Y
C:.>::::!!;:>~i-:-....l:):~ C')~i:1~';' ~?n';.1~x'~ 0f!i(.) :;':.~}~.7()~''': 1:l.'! PM
Agenda Item No. 16818
June 8, 2004
2 of 8
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RESOLT;TIOl\' :\'0, 2004- -
A RESOLUTION OF THE BOARD OF COIT='lTY COM;\-IISSIONERS OF COLLIER
COUNTY, FLORIDA, AUTHORIZIl"G THE ACQUISITION OF PROPERTY BY GIFT
OR PL'RCHASE IN FEE SI;\IPLE OR EASEMENT FOR THE PlJRPOSE OF
ASSEMBLING LA.'\"l> TO FACILITATE I;\IPROVEMEl\'TS TO CA.t'\'ALS A.'\'D
PROPERTIES IN THE EAST NAPLES AREA. SPECIFICALLY LOCATED WITmN
THE LEL Y AREA STORJ.'lW A TER D-IPROVEl\lEl'l PROJECT,
WHEREAS, the Board of County Commissioners desires to improve thc
treatment and control of stonnwater in East Naples by constructing and improving
stormwater detention areas and other stormwater improvements described in Exhibit "A".
WHEREAS, on February 4, 1992, the Board of County Commissioners accepted
a progress report outlining proposed capital improvements to be made in the Lely Canal
and Lely \-1anor Basins: and
WHEREAS, the Board of County Commissioners requested staff to prepare
approximate cost estimates for the acquisItion of property in fee simple and easement
along with a Resolution to acquire the property by gift or purchase; and
WHEREAS, the proposed improvements are 1I1 accordance with the commitments
approvcd by the Department of Community Affairs in the Drainage / Water Management
Sub-element and the Capital Improvement Element of the Collier County Growth
Management Plan: and
WHEREAS. the Board oC County CommissIOners recognizes that the expeditious
acquisition of the required property In fee simple and easement is of paramount
importance to completing the Project on schedule. and attaining infrastructure goals in
accordance with the Capital Improvement Element of the County's Growth \1anagement
Plan,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The acquisition of land and easements required for the installation and construction
of water management capital improvements within the boundaries of the Lely Area
Stormwatcr Improvement Project, to be completed in phases as identified in Exhibit "A",
attached hereto and incorporated herein, is necessary and in the hest interests of the
citizens of Collier County, Florida,
2, The acquisition of land and easements required for the installation and construction of
the facilities necessary to complete each phase will be determined once construction
plans are submitted and approved by the project engineers for the Lely Area Stormwater
Improvement Project.
Agenda Item No. 16818
June 8, -2004
3 of 8
[-
3, In those instances where property owners agree to donate or sell the required land
and/or easements to the County. and upon the proper execution by the property owner of
those deeds and/or easements and such other legal documents as the Office of County
Attorney may require, the Board of County Commissioners hereby authorizes its
Chairman to execute Donation Agreements and Purchase Agreements on behalf of the
Board, as well as any other documents pertinent to such land and/or easement acquisition
which have been approved by the Office of the County Attorney,
4, The Board hereby directs staff to use independent appraisal reports or internal
compensation estimates as staff determines IS necessary to best serve the needs of the
Project in a timely and cost-effective manner.
5, The Board, in accordance with the provisions of Section ]25.355, Florida Statutes,
herehy formally waives the requirement for a formaL independent appraisal report for the
purchase of a property where the purchase price of the parcel (the compensation due to
the property owner) E less than One Hundred Thousand and 00:100 Dollars
(5100.000,00). In lieu of the independent appraisal report, staff is hereby authorized to
make purchase offers for the properties. the dollar amounts of which shall be predicated
on "staff compensation estimates" based upon independent appraisals (and the data
therefrom) obtained on similar properties and upon consideratlon and application of
appropriate market value and cost data pertinent to the subject parcels.
,-.
6, Gpon the approval by the County Attorney's Office of all documents necessary for the
suhject property acquisition, Transportation Division staff is hereby dm;cted to offer
immediate delivery to the respective property owners of compensation (as established by
the appraisal or staff compensation estimates in accordance with the provisions of Section
125.355. florida Statutes), in return for the immcdiate and proper execution of the
respective easements, or other legal documents and/or affidavits as the County Attorney's
Office deems appropriate in order to protect the interests of the County: and the Board
hereby authorizes its present Chairnlan and any subsequent Chairm~n. for the life of the
Project, to execute any instruments which have been approved hy the Office of the
County Attorney. to remove the lien of any encumbrance and for any sLlch other purpose
as may be required,
7. In those instances where negotiated settlements may be obtained via the "Donation
Agreement," "Purchase Agreement" or "Easement Agreement" mechanism, the
Administrator of the Transportation Division, or any Project Manager of his designation,
is hereby delegated the authority to approve the purchase of land interests above the staff
compensation estimate or appraised value and pay normally related costs when it is in the
best interest of the Project, within the pro-rata share of the land rights acquisition budget
for the parcel being acquired, only when the difference between the purchase price and
compensation estimate or appraised value is less than Twenty-Five Thousand and 00/100
Dollars ($25,000,00) or the current purchasing limits established by the Collier County
Purchasing Department; provided, Project funding is available,
-~
Agenda Item No. 16818
June 8, 2004
4 of 8
8. That the settlement approval authority is delegated by the Board to the extent that such
approvals do not conflict with the provisions of Section 125.355, Florida Statutes.
9, The Chairman of the Board is hereby authorized to execute Easement Agreements and
Purchase Agreements where the land owner has agreed to sell the required land rights to
the County at its appraised value or at that amount considered the "Administrative
Settlement Amount" as such term is internally used by the administrative agencies of
Collier County,
10. Where the property owner agrees, through the execution of a "Purchase Agreement"
or "Easement Agreement," to convey a necessary interest in real propeny to the County,
and upon thc proper execution by the property owner of those easements or such other
legal documents as the Office of the County Attorney may require, the Board hereby
authorizes the Finance Department to issue warrants, payable to the property owner(s) of
record, in those amounts as shall be specIfied on a closing statement and which shall be
based upon the appraisal or staff compensation estimate in accordance with this
Resolution and the provisions of Section 125,355. Florida Statutes,
11. All title to properties or interests in I1roperties which have been obtained in the
manner described above shall be deemed "accepted" bv the Board of County
Commissioners, as the governing body of Collier County, florida, a political subdivision
of the State of Florida, and as such, staff is hereby authorized to record in the Public
Records of Collier County, Florida, deeds. easements or other instruments as may be
required to remove the lien of any encumnrallu: from the acquired properties,
THIS RESOLUTI01\ ADOPTED on this day of . 2004,
-
after motion, second and majority vote,
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E, BROCK. CLERK OF COLLIER COlliTY, FLORIDA
By:
Deputy Clerk DONNA FIALA, CHAIRMAN
Approved as to form and
leg!Uffi~ienCY: /1 ~
l 4d .l /
eldl F, Ashton
Assistant County Attorney
Agenda Item No. 16818
June 8, 2004
5 of 8
..........,.;..,"""""....'''',"''.......""--,_.,,",-,...,,..,, '-'.""-"""_;~."'_____i..;,
LEL Y AREA STORMW A TER IMPROVEMENT PROJECT
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THOMASSON DR ;:r--- RA TTLfSNAKE HAMMOCK RD 0
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".. ,,- Phase I
Phase II
Phase III
- - Phase IV
-... - Phase V
I
~ Phase VI
+-+ Phase VII
E::J Project Boundary
ii .
,- +
PREPARED BY:
CoIII.r County
Transportation SfUVlc.. Olvullon
0 05 RotId ~/nt.mmc. 08paltment
I . I Stomrw.,., MlInIlSJ.",."t Section
1IlI1<.
\
.
H _ .~-~"." ,..."". --.--
Lely Area Stormwater Impronment Project i
(L\SIP)
Collier County, Florida
The proposed Lely Area Stormwater Improvement Project consists of improvements to an
existing drainage system for an 11.lOO:t acre East Naples area. which formed the major portions
of the former Water Management District No. () area. The LASI? area project is generally
bounded on the north by Rattlesnake-Hammock Road, on the east by C.R, 951, on the west by an
existing FP&L easement located approxImately a mile and a half west and parallel to Alrport-
Pulling Road and along the south by \...'etlands associated with :'-laples Bay and Rookery Bay,
The project area cur:-ently has two (2) oatfall systems consisting of the Lely Main Canal and a
system of farm ditches and dikes associa:cd with portions of the easlerly half of the project.
which drains the Lely Manor area, The project area is therefore dIvided into two (2) basins, The
weSTerly most baSin is known as the Lely CQnal BQsin and the easterly most basin is known as
the Lely ~lanor BaSin, Although the project has some water management improvement, it
generally suffers from the lack of a comprehenSive oLltf:.t1l system and design,
Land use WIthin the Basin consists of a combination of modem developments that have
improved water management systems consIstent with current design requlrements and best
management practices as well as older existing neighborhoods that were developed before water
management systems were required. The latter areas proVIde little if any water quality
improvements for storm water runoff.
The purpose of the project is to lower the flood elevations and to reduce the duration of peak
stages while providing as much water quality improvement and groundwater recharge as
possible, Careful design of the project has avoided wetland impacts where possible and
Agenda Item No. 16818
EX~~
Page _~oI
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minimized unavoidable wetland Impacts to the maXlmum extent practicable, while still meeting
the overall proJect purpose,
The following are the proposed construction activities to take place:
. Widen and deepen eXlstmg canals,
. Construct new channels,
. Construct new control structures,
. Improve several existing control structures.
. Install nev.' tloud control g;J.tes.
. Construct spreader lakes and berms at outfalls,
. Construct a pump station to reh:drate existing wetlands,
The project is currently heing rc\'ic\\ed hy the South Florida Water .\-lanagement District for an
",-
Environmental Resource Permit (ERP). and the C,S, Army Corps of Engineers for dredge and
fill permit approval.
The estimated construction costs are approXImately $39,000,000,
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EJ~
Agen~ ~U11~8, ':-
8 of 8
.,~... .,~_. .......----"..-- - ~~.--_.~<.,,- ._~..~-
~"",.>.,. EXECUTIVE SUMMARY
Approve a Resolution approving, and authorizing the Chairman of the Board of County
Commissioners to execute, a Local Agency Program Agreement with the Florida Department of
Transportation, which Agreement implement<; up to $250,000 in hardware and software enhancement<; of
the countywide Advanced Traffic Management System by Collier County, with reimbursement by the
Florida Department of Transportation,
OBJECTIVE: To gain Board approval of a Resolution which approves, and authorizes the Chairman to
execute, a Local Agency Program Agreement (attached) with me Rorida Department of Transportation
(FOOT) that will allow Collier County to implement certain hardware and software enhancements to me
Advanced Traffic Management System (A TMS) and be reimbursed by the FOOT for its costs in doing so,
CONSIDERATIONS: During the construction of the Collier County ATMS hy the FOOT the hardware
and software furnished by me contractor were the minimal items that would meet plans specifications, as
is the nonnal practice in low-bid acquisition projects, To enhance the operation of the signal system, the
Collier County Metropolitan Planning Organization identified $250.000 in the FY 03/04 FOOT Five- Y ear
Work Program, to be used to acquire enhanced traftk signal controller equipment and software, The
FOOT has agreed that implementation of these enhancements can best be accomplished by Collier
County with reimbursement for expenses by the FOOT; therefore, an Agreement has been negotiated to
allow the County's Traffic Operations Section to implement the enhancements with full reimbursement,
up to 5250,000, upon completion.
FISCAL IMPACT: FOOT funding is available and programmed in this Fiscal Year (03/04) to reimburse
- the County for all costs of completing the hardware and software enhancements to the A TMS, limited to a
maximum amount of $250,000, wim payments maLle upon completion of the project. The County's
expenditures-before-FDOT-reimbursement will be funded by Gas Taxes through Project 60172 and me
reimbursement from FOOT will be placed back into that Gas Tax supported fund,
GROWTH MANAGEMEl'iT IMPACT: None
RECOMMENDATION: That the Board approve the attached Resolution approving, and authorizing
the Board Chairman to execute, the attached Agreement with the FDOT for the enhancement of hardware
and software to the Advanced Traffic Management System.
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Agenda Item No. 16819
June 8, 2004
Page 1 of 19
. ._.""'......."'_.,,...-'~._~
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COLLIER COU~TY
-, BOARO OF COUNT" CCWll'SS,ONERS
Item Number -: \3t~ 'I -::
Item Summary ....,~)p:"r.i\(e .? :<.O:':i::;::..:t:Uq .:.:i~'I~':'\.Yv':~lq} 2;1:"10 ?~t:".cr:.:.:riq t:'l~ (:lh~:::~kF! r;.:' ~~~~ t~;'>j.:-li ;,.'f
CCL.:~'.:Y (;o~~:ss;o~e:'S tc e).::;.: Jif:. ~ :....:.x~ai A~e~c-\r P;-cg:-~~ ,,=,.q~i.:t.':-",s':lt ''''/~:-'
t~G F:cr',,-J;-, D~;JZi:1:'ne~1~ of 'T:-a:1spor..a:':cr"j,YV~1:.:h .~q~~t'\~li::l: :~'T;L,~-:,':"=t~.:.:t5 J8 ~c
$~Sfi.(;(~O :r; r~;:;r(jw~:"~ ;=.,:':d :::.;.'f~;N:t:"~ ~flrj~:"H";~!'~t1nl~ oi :~;t.~ (;~>~::-:!v''''i:d?- ,L..(N;~:':(:e\.i
;'~;_-lf:":.-_' Ma~3:qe~"':t Sysle:~l ::,y CcI:if:::" Ce..:1H':i \'.':r11>ej:~1:: Y~':'~~;f::"~r ~);' t...:~
~:c,r<jCJ ~)ec::.;1rr,er:~ .:f r'"3~S~,,:,;-t:3~;c.r-
Meeting Date ('>l;<::C~:>: ~~'(:G GO :,f.-,"
Prepared B~
Rc.::,.;rt W r~ptl)", P.r:. C("'\\1i~Ji :r...f'f;.; Op~,;",,~,,;,;-,~ r:"1i:'1~~( ::-~~t~
rr~r.~~v;-t:an ~;e::"'I;;';I=:~. "r;:t~:(' (3;')~:'~!:~~s: A r!'<':. 5;:'t::<~~:J.: ~: ~ ~ At': ~'M
Approved B~
Tr3:::c O:}f:ra::cr~~ .:!r',j A:~ :"':1"'~
C::3M ,", f:,)gg M~:-:~~ ~i;-~c:'~;- G.)I'~
Tr~l's:;;,;:'h)ll S~;',..;:..:~~. 'fr:1~{~t: D::.\~r~!:~~sf .A.;~(~ ~;~t.. 2:_;~o....: :.. '3:3 :::'-!l
Apprmed B~
F~0O;:>"'~ W ;;i)tJ":-'~, f [ ':~..:.,d'~V :'~:~<~:-:: D;:..(~r>::~;~......~ E'~i1: <...:. ~...,
Tr;'V:-:';:":"'(,{fl .S,(.. ,J..:-:s T~.:-{;::(; v:)}~;3::(;;::~i 4;?1~ :::'"2(.,~: ;~':l. ;. ..;.,~ ~\~
Approved Bv
,: .:.{1 :.<.: ,:'~...o:: xc '" .4s~:.::,~.}:'t ("('..d~~~ :"'tt(;':~:::1 ,~'l
~{,.....-.~... ~.~~r:.;..:;,.: ,"c; 0ff:.:.:. ~.~,~;.-.::v t..tt('::,~~'( (:ti::"::'! :.:?i:'::'C~~ ...,. :--: ;'...~,,~
'>'-- Approved B~'
C;:;-~~ :',,:~,;\'r,..~... 1: ;O:~;. .:~:'i'" .-).;-;r;:"p';~:"Y ~, .~~~
'fU.l'S;.;;,;:t~<...lJ' S:t:;'i;':':~~ Tri1~S;;'-l:W1.;;;:: S<::;'1';~O::~ '::'.<:J:,,~' -r::~:2(;'_~4 't.:23 :):":-~
Approved B~
S~d:~~ N~w::;~~' '::'.-:~;');J:;~;:;;; S:...;~O;.::';:~(;~ ~.ot(:
Tr~Vl,:,;::..:...t:(J: '3,('/') .:.:s 1" ~{;:-:' ::<(":~1 t,,(..... i'...c ;:':; t. ..:.~, '.=.~. .:,,', ~', ' .?~/:~ -:: '} '; f.: \~
Appro,.ed B~
""-;J;::: E, ::-~cu 4:''::'P T (a.~:::. ~,-::("":ati(,'! Di...:-.:.: ;'>:', A_'.:/!P::':;:S:~3::Y C.}1';
T;;'}:"'~~:;:1";:'):l :)!':;\.':t.f':- 1;,};\~:1:):"t;)1::)~ :;~:"':r:..::- :..\<.7.." f.:~:'.0y.) /.;.1:-: ~\I,
Approv.ed Il~
l>;?t i.'!'!:--:r:r-:~H~ ..^~..~:;;;~;;~~~;Sf~v~ J>.~ $;:';:;' ,I t ~; .:l:t~'
C<:J'..!~!~ r..~,art~";.:~~'s QH';~:~ (;ff:<;o.'.!' o~ Mo::i::l~~m~:':~ & 6'..!~~~t ~;~':lO'::4 e:C4 .t..~~
Approved B~'
M;c.;~l~~~ B;~:)':<.!)WS~; :v..fI:;O;:'!'!~H::::~~ & 6'.J':;~'!'t O;!"~ct'.7.'r ~6t(:
Co:..:~~:y ~,}n~ge(~ Ot~:;e 0ft;,;& c: M'}t'zgcm(:-(f! & e~dge: i';.1l.Z0f:4 ~ 4~ A~(~
Approved By
L(:-~ E. 0c)'~~.. ...:: D&p~::1 c.c~~~:y MarH:g~f C,}t.~
B<...lJo"<l ~~ (:(;i..mty
C:,)r:":mi!\ c, ~:..,~:"~ C<!)'..!"~'f Mo::as~!"~ ':JHi(;'!' ~:Z::.2t).34 ~ l~'! ::M
-.
Agenda Ite'Tl No, 16819
June 8, 2004
Page 2 of 19
^._---~., .~'--_..-.,...- . .-
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RESOLUTION NO. 2004
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS,
I COl.LIER COU!Io'TY, FLORIDA, APPROVING, AND AUTHORIZING
THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS
TO EXECUI'E, A LOCAL AGE:-.ICY PROJECT AGREEMENT WITH
I THE FLORIDA DEPARTME"IT OF TRANSPORTATION, FOR
ENHANCEMENTS TO THE COUNTYWIDE ADVANCE TRAFFIC
MANAGEMENT SYSTEM,
WHEREAS, the State of Florida Depanment of Transponation (FOOT) provided funding
for the design, construction and implementation of Phase One of the Collier County Advance
Traffic Management System; and
WHEREAS, Collier County is the maintaining agency for the traffic signals and the
computerized signal system, including the commUnicatIOns cablIng, and has entered into an
agreement with FOOT for maintenance and operation of these improvements; and
WHEREAS, Collier County has ldentified hardware and software enhancements that will
greatly enhance the efficiency and reliability of the computerized signal system; and
WHEREAS, the Collier County Metropolitan Plannmg Organization identified funding in
FDOT's 5-year Work Program for Fiscal Year 2003/2004, in the amount of $250,000. to be used
for such system enhancements; and
WHEREAS, Collier County and FOOT have agreed that such enhancements can best be
implemented by Collier County with reimbursement from FOOT upon completion; and
WHEREAS, FDOT is willing to enter IOta a Local Agency Project Agreement
("Agreement") with Collier County whereln Collier County will do the work necessary to
purchase, install. and implement, by use of contractors or County staff, the software and
hardware enhancements to the system, and mOT will reimburse Collier County up to the sum of
$250,000 upon completion of said work. A copy of this Agreement IS attached to this
Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF CO UNIT
COMMISSIONERS OF COllJER COUNTY, FLORIDA, that:
SECTION 1. The Board of County CommissIOners approves the Agreement and authorizes its
Chairman, Donna Fiala. to execute the Agreement.
SECfION 2, The Collier County Clerk is hereby directed to forward a certified copy of this
Resolution to the Aorida Department of Transportation, Bartow, Florida, along with signed
copies of the Agreement for execution by FDOT, Agenda Item No. 16819
June 8, 2004
Page 3 of 19
Page I of 2
.
,
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I
SECTION 3, This Resolution shall take effectlvt' Immediately upon adoption.
TIllS RESOLlJI10N ADOPTED after motion, second, and majority vote favoring same.
this day of ,2004,
ATI'EST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E, BROCK, Clerk OF COLLIER COUNTY, FLORIDA
By: By:
. Deputy Clerk DONNA FIALA, Chairman
A legal sufficiency:
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Agenda Item No. 16819
June 8; 2004
Page 4 of 19
Page 2 of 2
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State of Florida Department of Transportation 52'
LOCAL AGENCY PROGRAM AGREEMENT CClNSTR
QG(
Pag.
FPN No414116-1-58-01 Fund: XA FLAIR Approp:
Federal No: Org, Code: 55014010106 FLAIR Obj.:
FPN No Fund: FLAIR Approp:
Federal No: Org, Code: FLAIR Obj,:
County No, 11 Contract No: Vendor No,: F 596000558102
Catalog of Federal Domestic Assistance (CFDA) 20,205 Highway Planning and Construction
THIS AGREEMENT, made and entered into this day of ,
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an aqencv of the State of Florida,
hereinafter called the Department, and Collier County; Finance Department; 2671 Airport Road; Naples, Florida 341
hereinafter called the Agency.
WIT N E SSE T H:
V1JHEREAS, the Agency has the authority to enter inte> said Agreement and to undertake the project hereinafter descl
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction incll.
the implementation of an integrated and balanced transportation system and is authorized under Section 334,044, FI
Statutes to enter into this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree
follows
1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation
Traffic Sianal Uodate and as further described in Exhibit "A" attached hereto and by this reference ma'
hereof, hereinafter called the project, and to provide departmental financial assistance to the Agency and state l.
and conditions upon which such assistance will be provided and the understandings as to the manner in which the p
will be undertaken and completed,
1,01 Modifications and Additions: Exhibit(s) A. 8, T are attached hereto and by this reference made a part here
2,00 Accomplishment of the Project:
2,01 General Requirements: The Agency shall commence, and complete the project as described in EXHIBIT "A" v-
ail practical dispatch, in a sound, economical. and efficient manner, and in accordance with the provisions herein, anc
applicable laws. The project will be performed in accordance with all applicable Department procedures, guidelines,
manuals, standards, and directives as described in the Department's Local Agency Program Manual, which by this
reference is made a part hereof as if fully set forth herein,
A full time employee of the Agency, qualified to ensure that the wo~ being pursued is complete, accurate, amI consi~
with the terms, conditions, and specifications of this Agreement shall be in charge of each project,
2.02 Expiration of Agreement: The Agency agrees to complete the project on or before 06/3012005
If the Agency does not complete the project within this time period, this Agreement will expire on the last day of sche
completion as provided in this paragraph unless an extension of the time period is requested by the Agency and grar
writing by the Department prior to the expiration of the Agreement. Expiration of this Agreement will be consi
termination of the project, The cost of any work performed after the expiration date of the Agreement will n
reimbursed by the Department.
2.03 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notic
other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement I
undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Ager
will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite
I 2.04 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary, ir.
I
I Federal-aid requirements, to enable the Agency to provide the necesSa\fUndS f01 com~tio~ gb~9Project,
genaa tern o.
June 8, 2004
Page 5 of 19
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2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Departmen
such data, reports, records, contracts, and other documents relating to the project as the Department and the Federa
Highway Administration may require,
3.00 Project Cost:
I 3,01 Total Cost: The estimated total cost of the project is $ 250.000,00 This amount is based
1 the schedule of funding in Exhibit "S" attached hereto and by this reference made a part hereof. The Agency agrt
bear all expenses in excess of the total cost of the project and any deficits involved. The schedule of funding m
modified by mutual agreement as provided for in paragraph 4,00 of this agreement.
3.02 Department Participation: The Department agrees to participate. including contingencies, in the project cost t
extent provided in Exhibit "S", This amount includes Federal-aid funds which are limited to the actual amount of
Federal-aid participation,
3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the
of this Agreement It is understood that Department participation in eligible project costs is subject to:
a) Legislative approval of the Department's appropriation request in the work program year that the project i
scheduled
b) Availability of funds as stated in paragraphs 3.04 and 3,05 of this Agreement:
c) Approval of all plans. specifications, contracts or other obligating documents and all other terms of this Agn
d) Department approval of the project scope and budget at the time appropriation authority becomes available
,-
3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contin
upon an annual appropriation by the LegiSlature, If the Department's funding for this project is in multiple fiscal yea~
funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred, S
Exhibit S for funding levels by fiscal year, Project costs utilizing these fiscal year funds are not eligible for reimburse
if incurred prior to funds approval being received, The Department will notify the Agency, in writing. when funds are
available,
3,05 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of rr
than one year, the provisions of Section 339,135(6)(a). Florida Statutes, are hereby incorporated:
"The department. during any fiscal year, shall not expend money. incur any liability, or enter into any contra
which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available f
expenditure during such fiscal year. Any contract. verbal or written, made in violation of this subsection is nl
and void, and no money may be paid on such contract. The department shall require a statement from tI
comptroller of the Department that funds are available prior to entering into any such contract or other bindir
commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding
year, but any contract so made shall be executory only for the value of the services to be rendered or agreE
to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts
the Department which are for an amount in excess of $25,000 and which have a term for a period of mo
than 1 year,"
3.06 Notice to Proceed: No cost may be incurred under this contract until the Agency has received a Notice to Proc
from the Department.
3,07 Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred in
conformity with applicable federal and state law, the regulations in 23 C.F,R, and 49 C,F,R.. and policies and procedl
prescribed by the Division Administrator of the Federal Highway Administration (FHWA). Federal funds shall not be I
on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or J
thereof invoMng such cost. (23 CFR 1,9 (a)). If FHWA or the Department determines that any amount claimed is no1
.'-, eligible, federal participation may be approved in the amount determined to be adequately supported, the Departmen
shall notify the Agency in writing citing the reasons why items and amounts are not eligible for Federal participation.
Where corredable non-compliance with provisions of law or FHWA requirements exists. federal funds may be with he
until compliance is obtained. Where non-compliance is not correctable, ~!;jw.fdr:l' lh9ri:)ltPoctr11tilBt$y deny participi
in parcel or project costs in part or in total. June 8, 2004
Page 6 of 19
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For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced paym
the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice,
4,00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule 0
funding, shall be prepared by the Agency and approved by the Department, The Agency shall maintain said schedule
funding, carry out the project and shall incur obligations against and make disbursements of project funds only in
conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by
mutual written agreement between the Department and the Agency, If revised, a copy of the revision should be forwc
to the Department's Comptroller and to the Department's Federal-Aid Program Office, No increase or decrease shalll
effective unless it complies with fund participation requirements established in Exhibit -8" of this Agreement and is
approved by the Department's Comptroller.
5.00 Records:
5,01 Establishment and Maintenance of Accounting Records: Records of costs incurred under terms of this
Agreement shall be maintained and made available upon request to the Department at all times during the period of t
Agreement and for five(S) years after final payment is made, Copies of these documents and records shall be furnish
to the Department upon request. Records of costs incurred includes the Agency's general accounting records and th'
project records, together with supporting documents and records. of the Agency and all subcontractors performing we
on the project and all other records of the Agency and subcontractors considered necessary by the Department for a
proper audit of costs, If any litigation, claim, or audit is started before the eXPiration of the five(S) year period, the reo
Shall be retained until all litigation, claims, or audit findings involving the records have been resolved,
5,02 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the projel.{
Costs in excess of the latest approved schedule of funding or attributable to actions which have not received the requ
approval of the Department shall not be considered eligible costs,
5,03 Documentation of Project Costs: All costs charged to the project, including any approved services contributel
the Agency or others, shall be supported by proper1y executed payrolls, time records, invoices, contracts or vouchers
evidencing in proper detail the nature and propriety of the charges.
5,04 Audit Reports: Recipients of Federal and State funds are to have audits done annually using the following eriteric
Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, a
number and year, and name of the awarding federal agency, State awards will be identified using the Catalog of '
Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State Agency,
In the event that a recipient expends $300,000 or more in federal awards in its fiscal year, the recipient must have a s
or program specific audit conducted in accordance with the United States Office of Management and Budget (OME
Circular A-133,
If a recipient expends less than $300,000 in federal awards during its fiscal year, an audit conducted in accordance w
the OMB Circular A-133 is not required, If a recipient expends less than $300,000 in federal awards during its fiscal
, and elects to have an audit conducted in accordance with OMB Circular A-133, the cost of the audit must be paid fro
non-federal funds.
Reporting Packages and management letters generated from audits conducted in accordance with OMB Circula
A-133 shall be submitted to the awarding FOOT office, by the recipient, within 30 days of receiving it. The aforem....,..
items are to be received by the appropriate FDOT office no later than 9 months after the end of the recipient's fiscal y
Agenda Item No. 16819
June 8, 2004
Page 7 of 19
I
52
,-~ CONSTF
OG
Po,
The recipient shall follow up and take corrective action on audit findings, Preparation of a summary schedule of prior
audit findings, including corrective action and current status of the audit finding is required. Current year audit fine
require corrective action and status of finding,
Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or thf
dispute is resolved. Access to project records and audit wo~ papers srlall be given to the FOOT, the Comptroller, an
the Office of the Auditor General.
The recipient shall submit required audit documentation as follows:
A Reporting Package and Data Collection Form for each audit conducted in accordance with OMB Circular A-133 st
be sent to:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jefferson, IN 47132
5,05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized
- representatives and authorized agents of the Federal Highway Administration to inspect all wo~, workmanship, mate
payrolls, records and to audit the books, records and accounts pertaining to the financing and development of the pro
The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor.
contractor or materials vendor to allaw public access ta all documents, papers, letters or other material subject t
provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement.
(Section 287,058(1 He), Florida Statutes)
5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional ri~
way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assist
activities on the project, Activities shall be reported on a federal fiscal year basis, from October 1 through September
The report must be prepared using the format prescribed in 49 CFR 24, Appendix B and be submitted to the Departrr
no tater than October 15 each year,
6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expe
incurred shall be submitted in detail sufficient far a proper pre-audit and post-audit thereof. (Section 287.058(1}(a), FI
Statutes)
All recipients of funds from this agreement, including those contracted by the Agency, must submit bills for any travel
expenses, when authorized by the terms of this agreemen~, in accordance with Section 112,061 Florida Statutes and
Chapter 3-Travel of the Department's Disbursement Operations Manual, Topic 350-030-400.
(Section 287.058(1)(b), Florida Statutes)
If, after project completion, any claim is made by the Department resulting from an audit or for work or services pertor
,- pursuant to this Agreement, the Department may offset such amount from payments due for wo~ or services done UI
any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not mad,
within sixty (60) days to the Department. Offsetting any amount pursuant to this section shall not be considered a brE
of contract by the Department. Agenda Item No. 16819
June 8, 2004
Page 8 of 19
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7.00 The Department's Obligations: Subject to other provisions hereof, the Department will honor requests for
reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carryinl
of the project and payment of the eligible costs, However, notwithstanding any other provision of this Agreement, thE
Department may elect, by notice in writing, not to make a payment if:
7,01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or a
supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or PUrsL
hereto;
7,02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or
obligations which may jeopardize or adversely affect the project, this Agreement or payments to the project;
7.03 Approval by Department: The Agency shall have taken any action pertaining to the project, which under this
Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations
w'thout having been advised by the Department tnat same are approved:
7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein in 12,06
7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement.
7,06 Federal Participation: The Department may suspend or terminate payment for that portion of the project whict
FHWA, or the Department acting in lieu of the FHWA, may designate as ineligible for federal-aid.
7,07 Disallowed Costs: In determining the amount of the payment. the Department will exclude all project costs '~r:
by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the e
of the Agreement. costs which are not provided for in the latest approved schedule of funding for the project, and l-US
attributable to goods or services received under a contract or other arrangements which have not been approved in v
by the Department.
7,08 Final Invoices: The Agency must submit the final invoice on the project to the Department within one hundred t
(120) days after the completion of the project Invoices submitted after the one hundred twenty (120) day time perioe
not be paid.
8,00 Termination or Suspension of Project:
8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any 0
its obligations under thiS Agreement until such time as the event or condition resulting in such suspension has ceaSE
been corrected, or the Department may terminate this Agreement in whole or in part at any time the interest of the
Department requires such tennination,
If the Department determines that the performance of the AgeT1cy is not satisfactory, the Department shall have the
of (a) immediately tenninating this Agreement or (b) suspending this Agreement and notifying the Agency of the deti
with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be tennjn~
the end of such time, Suspension of the contract will not affect the time period for completion of this Agreement.
If the Department requires termination of this Agreement for reasons other than unsatisfactory performance of the A
the Department shall notify the Agency of such termination, with instructions as to the effective date of tennina
specify the stage of work at which this Agreement is terminated.
If this Agreement is terminated before performance is completed, the Agency shall be paid for the wori( satisfactorily
perfonned. Payment is to be on the basis of substantiated costs,
8.02 Action Subsequent to Notice of Termination or Suspension, Upon receipt of any final termination or susper
notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may
include any or all of the fallowing: (a) necessary action to terminate or suspend, as the case may be. project acti
contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis ,,, '
the finanCing is to be computed; (b) fumish a statement of the project activities and contracts, and other undertaking
cost of which are otherwise includable as project costs, The terminatiorAiD.C'Kta~ttim Hou B6l8.rged out in confon
with the latest schedule, plan, and costs approved by the Department or upon the basJsJ~atimCOliW conditions
Page 9 of 19
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OGC
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imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasor
time, The closing out of federal financial participation In the project shall not constitute a waiver of any claim whicl
Department may otherwise have arising out of this Agreement.
9.00 Contracts. of the Agency:
9,01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not
execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including conSl
or construction contracts or amendments thereto, with any third party with respect to the project without the written
approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Departm
The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor ar
approve or disapprove the employment of the same.
9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties here1
that participation by the Department in a project with an Agency, where said project involves a consultant contract for
engineering, architecture or surveying services, is contingent on the Agency complying il1 full with provisions of Sectic
287,055, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency
involve the Department in the Consultant Selection Process for all projects. In all cases, the Agency's attorney shall
certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive
Negotiation Act.
10.00 Disadvantaged Business Enterprise lOBE) Policy and Obligation:
10.01 DBE Policy: It is the policy of the Department that disadvantaged business enterprises, as defined in 49 C,F,F
Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in
with Department funds under this Agreement The DBE requirements of applicable federal and state regulations appl
~,-" this Aareement.
10,02 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises a!
defined in applicable federal and state regulations, have the opportunity to participate in the performance of contracts
this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordi
with applicable federal and state regulations, to ensure that the Disadvantaged Business Enterprises have the apport
to compete for and perform ccntracts. The Agency shall not discriminate on the basis of race, color, national origin or
in the award and performance of Department assisted contracts,
10.03 Disadvantaged Business Enterprise (DBE) Obligations: If Federal Transit Administration or FHWA Fundin!
part of this project, the Agency must comply with applicable federal and state regulations,
11,00 Certification Regarding Debannent, Suspension, Ineligibility, and Voluntary Exclusion (Applicable to all
federal-aid contracts - 49 CFR 29)
By signing and submitting this Agreement, the Agency is providing the certification set out below:
The inability of the Agency to provide the certification set out below will not necessarily result in denial of participati(
this covered transaction. The Agency shall submit an explanation of why it cannot provide the certification set
below. The certification or explanation will be considered in connection with the Department's determination whethl
enter into this transaction, However. failure of the Agency to fumish a certification or an explanation shall disquali~
Agency from participation in this transaction,
The certification in this clause is a material representation of fact upon which reliance was placed when the Depar
determined to enter into this transaction, If it is later determined that the Agency knowingly rendered an error
certification, in addition to other remedies available, the Department may terminate this transaction for cause of defal
The Agency shall provide immediate written notice to the Department if any time the Agency teams that its certificatic
erroneous when submitted or has become erroneous by reason of changed circumstances, The terms .c(
"debarred: .suspended: ineligible," .Iower tier covered transaction," .participant," 'person," primary covered transact
- .principal: 'proposal: and 'voluntarily excluded," as used in this clause, have the meanings set out in the Definitions
Coverage sections of rules implementing Executive Order 12549, Contact the Department for assistance in obtaining
~opy of those regulations, Agenda Item No. 16819
June 8,.2004
Page 10 of 19
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The Agency further agrees by executing this Agreement that it shall not knowingly enter into any contracts with a pf
who is debarred, suspended, declared ineligible, or vOluntarily excluded from participation in this covered transa
unless authorized by the Department.
The Agency further agrees by submitting this Agreement that it will include the clause titled UCertification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the
Department, without modification, in all contracts and in all solicitations for contracts.
The Agency may rely upon a certification of a prospective sub-contractor that the person or entity is not deb,
suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certificati
erroneous. The Agency may decide the method and frequency by which it determines the eligibility of its sub-contrac
The Agency may, but is not required to, check the non procurement portion of the "Lists of Parties Excluded From Fe
Procurement or Nonprocurement Programs' (Nonprocurement List) which is compiled by the General Ser
Administratl01,
Nothing contained in the foregoing shall be ccnstrued to require establishment of a system of records in order to re
in good faith the certification required by thiS clause, The k.nowledge and information of the Agency is not requirE
exceed that which is normally processed by a prudent person in the ordinary course of business dealings,
Unless authorized by the Department, if the Agency knowingly enters into a contract with a person who is suspe
debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies avai
the Department may tenninate this agreement for cause or default,
Certificatioi1 Regarding Debarment. Suspension, Ineligibility and Voluntary Exclusion:
The Agency certifies, by execution of this Agreement. that neither it nor its principals is presently debarred, : ,
proposed for debannent. declared ineligible. or voluntarily excluded from participation in this transaction by a
department or agency
Where tne Agency is unable to certify to any of the statements above, an explanation shall be attached to this
proposal.
12,00 Restrictions, Prohibitions, Controls, and Labor Provisions:
12.01 Equal Employment Opportunity: In connection with the performance of any project, the Agency sh.
discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national
disability or marital status, The Agency will take affirmative, action to ensure that applicants are employed an
employees are treated during employment without regard to their race, age, religion, color, gender, national
disability or marital status, Such action shall include, but not be limited to, the following: employment upgr
demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of payor other for
compensation; and selection for training, Including apprenticeship, The Agency shall insert the foregoing provisior'
contracts modified only to show the particular contractual relationship in all its contracts in connection wit
development of operation of the project, except contracts for the standard commercial supplies or raw materials, anc
require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard comn
supplies or raw materials, When the project involves installation, construction, demolition. removal, site improve mE
similar work, the Agency shall post, in conspicuous places available to employees and applicants for employmE
project work, notices to be provided by the Department setting forth the provisions of the nondiscrklination clause.
12.02 Trtle VI - Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of th
Civil Rights Act of 1964 (42 U.S.C, 2000d), the Regulations of the Federal Department of Transportation issued
thereunder, and the assurance by the Agency pursuant thereto,
The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil
Rights Act of 1964. 49 C,F.R., Part 21. and related statutes and regulations,
12.03 Americans with Disabilities A,ct of 1990 (ADA): The Agency will comply with all the requirements as im.... _.;
the ADA, the regulations of the federai government issued thereunder, 8Jl.~e~3ftenPN8~~ pUlSuant theret
June 8, 2004
Page 11 of 19
52!
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12,04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a convic
for a public entity crime may not submit a bid on a contract. to provide any goods or services to a public entity, may n<
submit a bid on a contract with a public entity for the construction or repair of a public building or public work. may no
submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor. supplie
subcontractor, or consultant under a contract with any public entity; and may not transact business with any public er
excess of the threshold amount provided in Section 287,017, Florida Statutes for CATEGORY TWO for a period of~
months from the date of being placed on the convicted vendor list.
12,05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been plac
the Discriminatory Vendor List, maintained by the Florida Department of Management Services, may not submit a bic
contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public wor1(; may not submit bids on leases of real property to a public er
may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with an)
public entity; and may not transact business with any public entity,
12.06 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors. shall enter into an
contract, subcontract, or arrangement in connection with the project or any property included or planned to be includ~
the project in which any member, officer, or employee of the Agency or the locality during his tenure, or for two years
thereafter, has any interest, direct or indirect, If any such present or former member, officer, or employee involuntaril~
acquires or had acquired any such interest prior to the beginning of his tenure, and if such interest is immediately
disclosed to the Agency, the Agency with prior approval of the Department may waive the prohibition contained in thi
subsection, provided, that any such present member, officer or employee shalt not participate in any action by the A~
or the locality relating to such contract, subcontract, or arrangement
The Agency shall insert in all contracts entered into in connection with the project or any property included or planne'
-" be included in any project, and shall require its contractors to insert in each of it's subcontracts, the following provisic
"No member, officer or employee of the Agency or of the locality during his tenure. or for two years thereaftl
shall have any interest, direct or indirect, in this contract or the proceeds thereof,"
The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal
depositories, or to any agreement for utility services the rates for which are fixed or controlled by a governmental ag~
12.07 Interest of Members of or Delegate to, Congress: No member of or delegate to the Congress of the United
States shall be admitted to any share or part of the Agreement or any benefit arising therefrom,
13,00 Miscellaneous Provisions:
13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all applicable
environmental regulations and for any liability arising from non-compliance with these regulations and will reimburse
Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicabl
permits,
13,02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to a;
party other than the Agency,
13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment
Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default whic
then exist on the part of the Agency and the making of such payment by the Department, while any such breach or ~
shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such I
or default,
13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held in
the remainder of this Agreement shall not be affected, In such an instance the remainder would then continue to con
to the terms and requirements of applicable law.
- 13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also
agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financi
hereunder, Agenda Item No. 16819
June 8,2004
Page 12 of 19
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13,06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compnance with any pro
thereof, perform any other act or do any other thing in contravention of any applicable state law, provided, that if any
provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing
orner that appropriate changes and modifications may De made by the Department and the Agency to the end that th
Agency may proceed as soon as possible with the project,
13,07 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify, defend, save, anc
harmless the Department and all its officers, agents and employees from any claim, loss, damage, cost, char
expense arising out of any act, error, omission or negligent act by the Agency, its officers, agents or employees durir
performance of the Agreement except that neither the Agency, its officers, agents or its employees will be liable und'
paragraph for any claim, loss, damage, cost, charge or expense ariSing out of any act, error, omission or negligent;
the Department or any of its officers, agents or employees during the performance of the Agreement.
W'len the Department receives a notice of claim for damages that may have been caused by the Agency
performance of services required under this Agreement, the Department will immediately forward the claim to the Ag
The Agency and the Departmer't will evaluate the claim and report their findings to each other within 14 working da)
will jointly discuss options in defending the claim, After reviewing the claim, the Department will determine whet
require the participation of the Agency in the defense of the claim or to require the Agency defend the Department ir
claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not ac
waiver of any right herein to require the participation in or defense of the claim by the Agency. The Department ar
Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any, However, if on
party participates in the defense of the claim at trial, that party is responsible for all expenses at trial.
The parties agree that this clause shall not waive the benefits or provisions of Section 76828, Florida Statutes, or an
similar provision of law,
13,08 Plans and Specifications: In the event that this Agreement involves constructing and equipping offacilitib or
State Highway System, the Agency shall submit to the Department for approval all appropriate plans and specificatio
covering the project. The Department will review all plans and specifications and will issue to the Agency written ap~
with any approved portions of the project and comments or recommendations covering any remainder of the project
deemed appropriate, After resolution of these comments and recommendations to the Department's satisfaction, thE
Department will issue to the Agency written approval regarding the remainder of the project. Failure to obtain this wr
approval shall be sufficient cause for nonpayment by the Department
13.09 Right of Way Certification: Upon completion of right of way activities on the project, the Agency must certify
compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or
solicitation of bids for construction of the project, including those projects for which no right of way is required,
13,10 Agency Certification: The Agency will certify in writing, prior to project closeout, that the project was complet
in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the
Agency. and that the project is accepted by the Agency as suitable for the intended purpose,
13.11 Agreement fonnat: All words used herein in the singular form shall extend to and include the plural. All wore
used in the plural form shall extend to and include the singular, All words used in any gender shall extend to and incl
all genders.
13.12 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterpart
each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in 1
same instrument.
13,13 Restrictions on Lobbying:
Federal: The Agency agrees that no federally appropriated funds have been paid, or will be paid by or on behalf of t
Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a mer
of Congress an officer or employee of Congress, or an employee of a member of Congress in connection with t/'l'
awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering in
cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract
grant, loan, or cooperative agreement. Agenda Item No. 16819
June 8, 2004
Page 13 of 19
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If any funds other than federally appropriated funds have been paid by the Agency to any person for influencing or
attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee
Congress, or an employee of a member of Congress in connection with this Agreement. the undersigned shall compl
and submit Standard Form-LLL. "Disclosure Fonn to Report Lobbying," in accordance with its instructions,
The Agency shall require that the language of this section be included in the award documents for all subawards at c
(including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and tt
subrecipients shall certify and disclose accordingly,
State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a slate agency.
13.14 Maintenance: The Agency agrees to maintain any project not on the State Highway System. constructed und
this Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency (!) will 0 will
maintain the improvements made for their useful life,
13.15 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Depart
should be aware of the fOllowing time frames. Upon receipt, the Department has five 5 working days to inspect and
approve the goods and services unless the bid specifications. purchase order, or contract specifies otherwise. The
Department has twenty (20) days to deliver a request for payment (voucher) to the Flonda Department of Financial
Services. The twenty (20) days are measured from the latter of the date the Ilwoice is received or the goods or servi
are received, inspected. and approved,
If a payment is not available within forty (40) days after receipt of the inVOice and receipt, inspection, and apprc
goods and services, a separate interest penalty in accordance with Section 215.422(3)(b). Florida Statutes, will t
and payable, in addition to the invoice amount to the Agency. Interest penalties of less than one dollar ($1) will I
-" enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of A
preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a pr
completed invoice is provided to the Department.
A Vendor Ombudsman has been established within the Florida Department of Financial Services. The duties c
individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely paym
from the Department. The Vendor Ombudsman may be contacted at (850)410-9724 or by calling the State Comptr
Hotline at 1-800-848-3792,
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written,
AGENCY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATIO
By: By:
Title: SaCC Chairman or DeSignee Title: Director of Transportation Support
Attest: Attest: :
Title: Clerk Title: Executive Secretary
P-s to form: As to form:
.- Attorney District Attorney
Agenda Item No. 16819
See attached Encumbrance Form for date of funding approval by Comptroller. June 8, 2004
Page 14 of 19
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FPN N0414116-1
EXHIBIT A
Project Descriptio1 and Responsibilities
This exhibit forms an integral part of that certain Reimbursement Agreement between the State of Florida, Departmen~
Transportation and
Collier County
Dated
PROJECT LOCATION:
The western portion of Collier County
The project 0 is 0 is not on the National Highway System.
The project 0 is 0 is not on the State Highway System,
PROJECT DESCRIPTION:
Traffic signal update which will include the enhancement of traffic control equipment and software previously installed as part
of Collier County's Advanced Traffic Management System, Phase I,
SPECIAL CONSIDERATION BY AGENCY:
See Attachment Page 1,
SPECIAL CONSIDERA nON BY DEPARTMENT:
The Department shall reimburse the Agency, subject to funds availability, in the year programmed (currently FY 03/04).
Agenda Item No. 16819
June 8, 2004
I Page 15 of 19
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"TTACHMEN:
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Special Consideration by Agency
All work to be conducted outside of the Department Right-of-Way shall adhere to the 2002 Florida Greenbook standards, as
amended,
All work to be conducted within Department Right-of.Way sha!1 adhere to the following:
(1) The FOOT standard specification for road and bridge construction, 2004 edition as amended, and
(2) The FOOT roadway and traffic design standard, 2004 edltJ~n as amended and design criteria from the PPM, 2003 edition
as amended,
F or all projects the follOWing will apply:
a) Section 287.055, F,S. "Consultants Competitive Negotiation Act"
b) FOOT "PrOJeCt Development and EnvITonmental Manual," where applicable
c) The local Agency Program Ma'1ual
The Agency will inform the Department in writing of the commencement and completion of the project Upon completion of
the project, the Department will have forty-five (45) days after receiot of the Agency s invoice to review, insoect cmd approve
the project for paymel"t.
-,.,......,~
The Depanment shall reimburse the Agency, subject to funds availability, in the year programmed (currently FY 03/04)
-
Agenda Item No. 16819
June 8; 2004
Page 16 of 19
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AGENCY NAME & BilLING ADDRESS I ="t\ 1\:0
I S":'l"'!":S t:(aa1"'CEPIIJt1'to.8lll c.: "1I:AHSPQAT,1'"Oo/ 414116-1-58-01
Collier County Finance Department I LOCAL AGENCY PROGRAM
2671 Airport Road AGREEMENT
Naples, Florida 34112 EXHIBIT 'B"
I SCHE:lUlE OF FUNDING
PROJECT DESCRIPTION
Name Traffic Signal Update Ler,gt-, N/A
Terrrlni Western portion of Collier County
I FUNDING
(1l I (2) I (3)
T::JT"~ AGEN:;V I STATES
TYPE OF WORK bv Fiscal Year I PGOJECT =UNDS FuNes FEDERAL FUNDS
P,E. 28C3-2C:C4 I sceo i I
2X4.2:C5
20G5-2006 $0001 so 00 I
iotal PE 0
Rlllht-of-way 2003.2004 ! T
I -
2004-2C05 SO. co I
2005-2006
iotal R.,n1-of Wa' Cos: SDDO $,
Construction 2003,2004 $250 000 00 I 52500C
2eC4.2005
2C05,2005
2006,2007
Tota' Ccr~rac~ Costs 5250 000 0: SC CC i $2500:
ConSln.-lOtIOn E ng'nee""G and Inspect 00
2003.200"- $0.00
2C04-2005
2005.2006
$000 SO DC :
TOlal ConstructIOn Engtl1eer1ng
Totll ConstructIOn Cost $250,00000 $0 00 5250 (Y
ESTIMA~D TOTAL COST 0' THE $250,000,00 $0,00 $250,OOC
PROJECT
The Departments lIscal year bagins on July 1. For t~is projKt funds a,. not projected to be.vall.ble untilafter July 1st each fiscal year.
TIle Department will notify tile Agency. In wrltinll. when funds are eVllilable,
"No work sban begin until the Department has issued a written Notice to Proceed for each pbue. Funds are contingent UI
legislative approval.
Agenda Item No. 16819
June 8, 2004
Page 17 of 19
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EXHI BIT T
Traffic Signal Maintenance Agreement
Article 13,14 is expanded by the following:
The parties mutually agree and covenant as follows:
1, When the District Traffic Operations Engineer of the Department has served a request order on the Agen
and the designated officer of the Agency has favorably acknowledged the request order, the Agency shall undertake
responsibilities to maintain and operate existing or new traffic signals and signal systems mentioned in the request or
2, The proposed functional design and operation of new traffic signals and signal systems shall be reviewec
the Agency in conjunction with the Department prior to installation, Such design and operation will be as energy effic
as possible,
3, The installation of signals or signal systems shall not endanger highway travel and shall be conducted in
accord with Part VI of the "Manual on Uniform Traffic Control Devices" (MUTCD) as amended, and with all applicable
Department standards, specifications and plans governing traffic control for street and highway construction and
maintenance.
4. The Local Agency shall be responsible for the maintenance and continuous operation of the traffic signal!
traffic signal systems (central computer, cameras, message signs, and communications Interconnect), school zone tr
control devices, intersection flashing beacons, illuminated street sign names and the payment of electricity and electr
charges incurred in connection With operation of such traffic Signals and Signal systems upon completion of their
installation, In the case of construction contracts, the Agency shall be responsible for the payment of electricity and
electrical charges incurred in connection with the operation of the traffic signals and signal systems, and shall undert,
~-,- maintenance and continuous operation of said traffic Signals and signal systems upon final acceptance of the Installa
the Department. Re pair or replacement and other responsibilities of the installation contractor and the Department. d
the bum-in period between conditional and final acceptance, are contained in the most recent Department's .Standar
Specifications for Road and Bridge Construction."
5, The Agency shall maintain and operate the traffic signals and signal systems in a manner that will ensure
and efficient movement of highway traffic and that agrees with maintenance practices prescribed by the International
Municipal Signal Association (IMSA) and operational requirements of the Manual on Uniform Traffic Control Devices
(MUTeD), as amended. The Agency's maintenance responsibilities shall Include, but not be limited to, preventive
maintenance (penodlc Inspection, service and routine repairs), and emergency maintenance (trouble shooting in the I
of equIpment malfunction, failure, or damage), The Agency shall record its maintenance activities in a traffic signal
maintenance log which shall contain, as a minimum, traffic signal log details recommended by the IMSA
6. The Agency may remove any component of the installed equipment for repair; however, it shall not make
permanent modifications and/or equipment replacements unless the equipment provided is the same age or newer al
capable of performing the same functions The Department shall not make any modifications and/or equipment
replacements without prior written notice to the Agency,
7, The Agency shall set and maintain the timing and phasing of the traffic signals in accordance with the
Department's timing and phasing plans, specifications, or special provisions, The Agency may make modifications in
phasing of signals and signal systems to accommodate changing needs of traffic provided prior written approval is ot
from the Department. Dep artment approval shall be contingent upon an engineering report prepared by or for the Ag'
in accordance with Section 1A.09-4 Engineering Study and Engineering Judgment of the MUTCD recommending sue
changes and signed and sealed by a qualified Professional Engineer licensed in the State of Florida. The Agency me
make changes in the signal timing provided these changes are made under the direction of a qualified Professional
Engineer, Th e Agency shall send a signed and sealed copy of the timings to the Department immediately after install
The Department reserves the right to examine equipment, timing, and phasing at any time and, after consultation witt
Agency, may specify modifications, If the Department specifies modification in timing and/or phasing, implementatior
such modifications shall be coordinated with, or made by the Agency,
_. 8. The Agency shall note of in the maintenance log any time and/or phasing changes and keep a copy of thE
timings and any approval documentation in a file.
9. The Agency may enter into agreements with other parties pertaining to traffic signals and signal systems
including, but not
Agenda Item No. 16819
June 8, 2004
Page 18 of 19
,
:
EXHI BIT T
Traffic Signal Maintenance Agreement
limited to, agreements relating to costs and expenses incurred in connection with the operation of traffic signals and ~
systems on the State Highway System, provided that such Agreements are consistent with the mutual covenants con
in this Exhibit. The Agency shall furnish a copy of such agreements to the Department.
10 . This Exhibit shall remain in force during the life of the originally installed equipment and/or the life of an)
replacement equipment installed with the mutual consent of the parties hereto unless there is an existing agreement
provides the same requirements or until superceded by a Traffic Signal Mainenance and Compensation Agreement
between the Department and the Agency
Agenda Item No. 16819
June 8, 2004
Page 19 of 19
EXECUTIVE SUMMARY
~-
Award bid #04-3651. Livingston Road (Radio Road - Pine Ridge) median landscape
improvement construction project to Hannula LaDdscapiag, Ine. in the amount of
$989,891.04.
OBJECTIVE: To accomplish median landscape improvements on Livingston Road (CR
881)(Radio Road to Pine Ridge Road) in conjunction with the Collier County Landscape
Beautification Master Plan.
CONSIDERA nON:
1. On March 19, 2004, the Purchasing Department sent notices to 40 vendors for the
landscaping and irrigation installation of Bid #04-3651, Collier County Landscape
Beautification Master Plan, Livingston Road from Radio Road to Pine Ridge Road
Median Landscaping Installation.
2, On April 1,2004 at 11:00 am, a non-mandatory pre-bid meeting was held, at which time
all prospective bidders had questions answered regarding the bidding documents for this
project.
3. On April 20, 2004 at 2:30 p.m. four (4) bids were received and opened, Staff reviewed
the unit pricing on the bid tab, and Vita & Son submitted the lowest bid. Vila & Son bid
did not provide a licensed pavement contractor or a licensed electrical contractor and was
therefore deemed to be a non-responsive and unqualified bidder, At the pre-bid meeting,
bidders were notified to list all licensed subcontractors (CoUier County Ordinance 87-25
as referenced in Part B-Instructions to Bidders, Section 15, Use of Subcontractors).
4. Staff deems Hannula Landscaping. Inc, to be the lowest, qualified. and responsive bidder,
and therefore recommends award of this bid to Hannula Landscaping, lnc.
,...,..-...., 5. Through negotiation and value engineering, Hannula Landscaping lnc, lowered the
installation costs to a base bid amount of $891.056.64.
6, This item was originally scheduled on the Board's May 25th agenda. The item was
removed from the agenda after the Purchasing Department received a fonnal notice of
intent to protest prior to award, However, the party submitting the intent notice
subsequently failed to submit a timely protest and hence, their right to protest under the
Board's protest procedure has expired,
Staff recommends including in this award, Section XII General Project Alternative Bid ltem #3
Mulch (Pine Straw) for 516,659.90, Section VII Retention Ponds, Floating AeratorsIFountains:
Items #1 and #2 for $34,280,00, Section IX Retention Ponds, Landscape for $12,962,15, Section
X, Retention Ponds-Irrigation $34,933.35. Staff recommends awarding alternate items in the
amount of $98,835,40. Although wet retention ponds were approved at a level B landscaping, it
was not budgeted in the Landscape Beautification Master Plan. The additional irrigation is
needed around the retention ponds to maintain donated plant material. Staff is recommending the
value engineered base amount and alternates be awarded in the total amount of $989,892.04,
(See attachment: Value Engineer Bid Tabulation) There is no contingency available for the
project.
Originally, the estimate was based on 2 miles of landscaping according to the Landscape
Beautification Master Plan. approved on April 22, 2003, The Board approved that the project be
extended an additional 2 miles to include the portion of roadway from Radio to Golden Gate
Parkway without additional funding, Although we were able to lower the project costs. the
Landscape Beautification Master Plan anticipates $309, I 00 per mile at a level B-C 1. The
construction costs for 4 miles of landscaping are well below the allocated amount defined in the
1-. master plan. Also the medians are 10 feet wider than estimated in the Landscape Beautification
"
Agenda Item No. 16820
June 8, 2004
Page 1 of 41
"~..",,,- "",_",,,___","'U' -,-"."'..'~, ' .of' ,., ,_..,{l>",,,,~,,,...,,,,,. ,,",'.,,",. .
---- ,
Executive Summary t'
Page 2 of 2
Master Plan, this increase in median area also affected the cost. Since this is a new roadway,
electrical and water services are not available for irrigation and meter connections driving the cost
of utility connections higher than anticipated,
FISCAL IMPACT: Total funds needed are $1,100,542.20, The total funds in the amount of
5734,023 are available in the Landscape MSTD General Fund (112) for Livingston Road (Radio
Road - Pine Ridge Road). With the low base bid amount and alternates, the total amount needed
to award this bid to Hannula Landscaping. Inc. is $989,892.04.
County costs for the Motorola Central Control Irrigation components ($39,896,18), surge
protection ($1,974,00), effluent tapping fees ($4,255.00), right-of-way pennitting ($600,00), and
Florida Power & Light electrical connections (S63,925 ,00) total $ 110,650.18
A budget amendment is needed to transfer funds into this project in the amount of $366,519.20
and will come from the following projectslReserves:
$101,900 from the MSTD Landscape General Fund Reserves, $153.126 from the Davis
Boulevard Phase II project (60098), and $111,493,20 from the Davis Boulevard Phase II
Maintenance (62013), Source of Funds are MSm General Fund Landscape,
GROWTH MANAGEMENT IMP ACT: There is no growth management impact.
RECOMMENDATION: That the Board award Bid #04-365 I ,Livingston Road (Radio Road to
Pine Ridge Road) median landscape improvement construction project to Hannula Landscaping.
Inc" approve the necessary budget amendment and authorize the Chainnan to execute the
standard contract after review by the County Attorney's Office,
.~.".,
Exhibits:
1. Bid Tabulation
2, Hannula Vale Engineering
3, Motorola
4, Hit Products
5, Water Tapping Estimate
6. Florida Power & Light
-
Agenda Item No. 16820
June 8, ,2004
Page 2 of 41
,"--
COLLIER COUNTY
...--,
SO~\RD OF COUNTY COMMISSIONERS
Item Number ;f.82:J
Item Summary Thj~; :tE:m CGr:!:~UE~':~ frOi:1 tfF~ ~~'1j~~': :<5. 2004 BCe r\t1E~Htinq A\'Yard bid #84-:'-651
L.i'/in~;stcn Rnad (Rad:o RO.c:d t() Pir:~: Rid9B R::)adl rTiHdiar: 1<:::d~;capE~
ir:lprc.vefns~t (,,0nst~~;('.t:c:r. r,':0if~("t to ;-:,ar:nu:3 L3r";c;,(,:~Ding. :...::: :~ the .~::i~.,ur.t of
S9S9d92.0t.
Meeting Date 6.iS,'2C'04 9:C:G.C:) A~,'1
Prepared By
F'am'3!a J, L"hch Pre,.:ect r~~;?:r:2~~r Dzt~
Trar::;,pl')rt;on SfHV:C~:-. T'"z:;:c OperG'\':)'\';;: /l.T!<1 5f~1[2GG41G:O~::J5 AM
Appro\'ed By
'r :""~:f::.:: Q~~~~rc.:t:ons (1(~C: A:~ r:-,~~r.$
D:;Jpt1 B. f-'~~!1rj ~~~O::B$ l.):r.~c':.(;" D~~;.:
rf;"H'~S:10rtir..r. S~r'V:c~$ ~'~,""j~:": OPf,'~2t!C:'~-" 4 r:'/ ':1'; L.'2Gn4 ~~. : 2 ~M
Appro\'ed By
Sh.l1~'(H~ N~\N:"!1;:;:~ A~;:;:"~t~l'~;.::':g ::':"::";0:V ;.,~ ~'I,:' :J.~~~
Tra~~s.PQrt.k::,,; S~rv~{;~'~ r r,~ ~~s. :,,,!)l.t~t:O:~ A~"J r n l (J ~~:,:"(;;::":{;:i Si:(.!;:(1')4 ~()"2oS AM
Appro\"ed By
p~~:,r;~l~=t J. Ll;;f;.'h ~'fr.i.ec~ ~~;:::';v;,~f;; :)~~~,_o
, .
T:'ansr}orth~r. s!-;~:(;w::. Tr.~:::!; Op<~:Q~::';~~~'. :~!~/ S;,(;;:(1')4 ~(),2() Ml:
A pprll~"ed By
Stf>v'3 Carf'e:: Pt.;f(;:--I<1:~~r.~:GenE..zl S,,'c:~ G~l't>=~or D3t,;.;
Ad;-ni:'ti'3t:'~t:Vf:- St';y;l'.:~':i Y'l:fcho":,lr-:q 5.i: ~~,:2G0~1 ~ --:.::2 t",~<:
Apprllwd By
St~Vf: Ci3rn.z:: Pt;rcn~:-,Ir.g,.'G{H'1f.:z:1 S\i('~~ D~r~.:.to\. DZ~e.:
Adm:~~5trativE- S~;-o,ic~s Pt:rCn<1~lr.g ~.' ~ ~"'~G04 ~.; . ~ :::: t'~J..~
Apprond B)'
niar:~ P*rry':'~.~ ~~ f.Y.9...~uthj~ S~(,;J~~.~ry O~:"f=
Trali;;p"rtlon Sl>f'o'icr.;; Trar~:-;port,1tk_,r. S~rVices Ajrr.:~':" 5!14i2D:J~ 2:~O PM
Approved B}'
Mictl.\el Smyilowsk; M3.n"3!1erne:H &. B:.:dge' Directc:" Do.te
C~tJnty Manager's Offi.~e Of1$c~ (J~ M.~nag~:}~l:(;~ & e~:dget 5:17f:lO(H rHtl AM
Approved By'
James V, Mu;:!d County Manager Date
Boare c,f Cour.ty County rY~.<:3nJ1gf~r'-s Off:::~'
Com~~3StOner~ 5!~7!2UU4 t:4l PM
"',_.
Agenda Item No, 16820
June 8, 2004
Page 3 of 41
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Page 4 of 41
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Page 11 of 41
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June 8, 2004
Page 12 of 41
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June 8, 2004
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June 8, 2004
Page 20 of41
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Ma~ 06 04 10:11a Hannula Landscaping. Inc. 1.2391.'4Se"S81 S p. 1
HANNULA LANDSCAPING, INC~
28131 Quails Nest Lane
Bonita Springs, FL 34135
941-992...2210
TO: Transportation Operations Department SENT VIA FAX: 213-5899
A TTN: Pam Lulich
FROM: Dale Hannula
RE: Bid #- 04-3651 Livingston Road (Radio Road To Pine Ridge Road)
DATE: 5-5-04
Pam:
Attached is tJlc "'value engineering" for the above referenced project. I have revised
tbe bid schedule to reflect all of the dl~nges. You win note ( H ) thh symbol before
eac11 item that was adjusted. The adjustments reflect the following:
1. "Rotor Till" ba~ been cluwged from 6'~ & 12" to 4'} & 6"'.
2. '''M-Roots" Fertilizer has been deleted and substituted with agr.lnular
fertilizer applied as a top dress.
3. Tbe jumbo valve box t.xtensinn~. pea gravel, and brick ~upports at the main
line slee\-iDg connections have been deleted. Thelotntor discs nod locator
tape will be installed.
4. The 1.25" conduit fO.f the v2.lve wiring has been deleted.
5. Tree, palm, and shrub sizes have been reduced, and price changes made I)n
both the ba$e bid and alternates.
6. Tile planting soil backfin baJ been deleted.
7. Quick coupler keys have been deleted on the ba~ bid.
The result of the value engineering is a rcvistd base bid of $ 891lO5(i.64. The pine
iitraw mulch tutab S 16,659.90 for a total ofS907,716.54. Alternates are as shown on
the attached bid schedule.
Additional savings may be reali2.~ by deleting some of the mist heads at the ends of
the islands and valves that would run these head~A preliminary E".stimatL~ is (224)
heads at $39.00 and (10) \'alves at $306.00 for a total of $11,7%.00. This adjustment
mllst be subject to a redesign to be sure we have 100%eo'\'t'.rage.
Agenda Item No. 16820
June 8, 2004
Page 21 of 41
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Ma~ 0604 lOd!.. Hannula Landscapin;, Inc. (239 j -498-6810 p.Z
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Another option is to reduce the main line through the sleeves to 2.5'" thereby
allowing us to reduce the 6" sleevt.s to a.sp~eial order 4'" pipe that will allow us to fit
the 2..5" pipe and coupling through the pipe. This pipe is classified as HDPE snR
11.5 and has A 4.75"ID allowingus toinse-rt th~3.25" pipe and coupling with =-
: 1.5" clear'aJlce. The savings are as f'olows:
Delete (1.803 l.l.}'t.) Of 6" Sleeves At $26.55 = $ 47~869.(i5
Add (1803 L.Ft.) Of 4,t SDR 11.5 Pipe At $21.55 = 38..854.65
---......
Total Deduct := S 9,015.00
Note: This. savings is subject to availability of th,e pipe and ncctptanc.e b~' the
County.
Pleasecall.me to meet and discuss the "value engineering".
Tbank You,
Dale Hannula
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Agenda Item No. 16820
. June 8, 2004
Page 22 of 41
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June 8, 2004
Page 23 of 41
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June 8, 2004
Page 24 of 41
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June 8, 2004
Page 25 of 41
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", , l~", I stllm!IO j(ciw lJHF(4ll1i411i Mll>l,lIB l'O .,i ,.iI. ,,, 'ji'<. 0.,<1144,. .' ,411,94 I '
.. :" V314A:fr. .. $cor&lO ActtO:2XPA'N$lONIO'[":< : ,. ::. ~:l 1:,:; .. : ~~])Q::: . I . " 22M)!). j' .
.. ,ElIlll'A ." "1 sCooPlO Ad Sl\\i'!R~ [llI\$ll)jwnWoti.: \ . . ii 111'11' .1.tll> / .' .iUl!l. I. ·
}. ::IIJ~' .,1':.....':,;.:. . ,.... .j' .' .'i:-'.';:' ::.' ,;::..'..,;'.:; .'. ::.; ',' .,. ,'. :'.
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tr,....' '.,'; .....'. ..,..,...I:":I".:;:;~~~ri~~;:"':'lj&~~"G~~~'!!t!~ii:__1.1i;il!'
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t~lV;i~i!lWlfu,~t",li'i{,J!~ijJ~;.j.~~~ "",.. , . ,:,,'iJi;?,,~_L:~!+/
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,'j
-"
COUlER COUNlY PUBLIC UTILITIES DMSION
-----.-..
3301 E. Tamiarni Trail · Naples, l10rida 34112 · (239) 732.2575 · FAX (239) 732-2526
April 22,2004
Collier County Transportation Operations Dcpartment
2700 Horseshoe Drive South
Naples, FL 34104
Subject: Livingston Road (Radio Rd to Pine Ridge Rd)
Collier County Bid #04-3651, Meter # 1 '
Eff1UCLlt Irrigution Meter Sizing
To Whom It May Concern:
OUf office has reviewed the revised preliminary effluent irrigation meter sizing information for
thc above-referenced address. Based on the infonnation that you supplied to our office, the
~." requested t\vo-inch (2.0) effluent irrigation metcr meets our minimum requirement and is
thercfore acceptable,
This does not consider any continuous load demand. Since our review is for the minimum size
requirement, the engineer should consider all relevant factors before approving the final meter
SIze.
You should apply for the meter \vith the Public Utilities Customer Service Department locatcd at
2685 S. Horseshoe Drive, An effluent meter tapping fee of$851 will be charged.
If you have any further questions or cone ems regarding the information contained in this Jettcr or
in the attaclunents, please feel free to contact me at (239) 732-2575.
~.~
Barbara A. Olko
Administration Assistant
c: Pam Libby, Water Distribution
Heather Sweet, Utility Billing and Customer Service
Wes Hill, Engineering Services
Agenda Item No. 16820
June 8. 2004
~., Page 36 of 41
c:: " I f (i .. .. c " .. " I; :v
- ----------.......----~ .
n-IG..............:....'T'_..,........... \:...1....."'_:-..11_: _.......... .. ,..~_
~---- , ".-...,- -"'-' ..........v,,,,,'. .,"~,-
COlliER COUNlY PUBLIC UTILITIES DMSION
------..---.;-------- ----
3-'01 E. T:uniami Trail · Naples, 1'1orida 34112 · (239) 732,2575 · FAX (239) 732-2526
April 22, 2004
Collier Cotmty Transportation Operations Department
2700 Horseshoe Drive South
Naples, FL 34104
S llbject: Livingston Road (Radio Rd to Pine Ridge Rd)
Collier County Bid #04-3651, Meter #2
Effluent lrrigr.ti011 ,Meter Sizing
To Whom It May Concern:
Our office has reviewed the reviscd preliminary effluent irrigation meter sizing information for
the above-referenced address, Based on the infOlnlation that you supplied to our office, the
requested two-inch (2.0) effluent irrigation meter meets our minimum requirement and is
therefore acceptable.
This docs not consider any continuous load demand, Since our review is for the minimum size
requirement, the engineer should consider all rc1cvlmt factors before approving the final metcr
SIze.
You should apply for the meter with the Public Utilities Customer Service Department located at
2685 S. Horseshoe Drive. An effluent meter tapping fee of $851 will be charged,
If you have any fLJrther questions or concems regarding the information contained in this letter or
in the attachments. please feel free to contact me at (239) 732-2575.
Sinccreiy, .
~~
Barbara A Olko
Administration Assistant
C: Pam Libby, Water Distribution
Heather Sweet, Utility Billing and Customer Service
Wes Hill, Engineering Services
Agenda Item No. 16820
June 8, 2004
~ Page 37 of 41
,.
c (> I 'I ; c ,. C .) ,. ,t t. .,'
-_.-----~---~ - --
- - , . - . . -.. -
,.--
COLLIER COUNTY PUBliC lITILITIES DMSION
_._------_.._-------_..._...~----------~ ..----
3301 E. Tarniarni Trail · Naplc.", Florida 34112 · (239) 732-2575 · fAX (239) 732-2526
April 22, 2004
Collier County Transportation Operations Department
2700 Horseshoe Drive South
Naples, FL 34104
Subject: Livingston Road (Radio Rd to Pine Ridge Rd)
Collier County Bid #04-3651, Meter #3
Effluent liTigation Meter Sizlng
To \Vhom It May Concern:
Our office has revie\ved the revised preliminary effluent irrigation meter sizing infornlation for
the above-referenced address. Based on the information that you supplied to our office, the
requested two-inch (2.0) effluent irrigation meter meets our minimum requirement and is
therefore acceptable,
This does not consider any continuous load demand, Since our review is for the minimum size
requirement, the engineer should consider all relevant factors before approving the final meter
SIze,
You should apply for the meter with the Public Utilities Customer Service Department located at
2685 S. Horseshoe Drive. An effluent meter tapping fee of $851 will be charged,
If you have any further questions or concerns regarding the information contained in this letter or
in the attaclU11ents, please feel free to contact me at (239) 732-2575.
Sinccrcljr,
~~a.Q~-e-
Barbara A. Olko
Administration Assistant
C: Pam Libby, \Vater Distribution
Heather Sweet, Utility Billing and Customer Service
Wes Hill, Engineering Services
Agenda Item No. 16B20
June 8, 2004
7'~ Page 38 of 41
~. ~,
c " ( f ; ,~ ,.. c <' ... " t .--
.----..........--..--.--..,------ -
~'~':fe_'-.:...... .,._a..,",,~. ....;.........n:t_.:,.......r_. -...... .. ,"... ",--- -"'"'~
-- COlllER COUNlY PUBLIC UTILITIES DMSION
:':'--.
-....
-....,.. ..."..-~.
--....=;~::- 330] E, Tamiami Trail · Naples, Florida 34112 · (239) 732-2575 · FAX (239) 732-2526
April 22,2004
Collicr County Transportation Operations Department
2700 Horseshoe Drive South
Naples, FL 34104
Subject: Livingston Road (Radio Rd to Pine Ridge Rd)
Collier County Bid #04-3651, Meter #4
Effluent Irrigation Meter Sizing
To Whom Lt May Concern:
Our office has revie\ved the revised preliminary effluent irrigation meter sizing information for
the above-referenced address. Based on thc information that you supplied to our office, the
requested two-inch (2.0) effluent irrigation meter meets our minimum requirement and is
therefore acceptable.
This does not consider any continuous load demand. Since our review is for the minimum size
requirement, the engineer should consider all relevant factors before approving the final meter
slze,
You should apply for the meter with the Public Utilities Customer Service Department located at
2685 S. Horseshoe Drive. An effluent meter tapping fee of 5851 will be charged,
If you have any further questions or concerns regarding the information contained in this letter or
in the attachments, please feel free to contact me at (239) 732-2575.
Sincerely, flo-~
arbara A. Olko
Administration Assistant
c: Pam Libby, Water Distribution
Heather Sweet, Utility Billing and Customer Service
Wes H1ll, Engineering Services
Agenda Item No. 16820
June 8, 2004
/~7 Page 39 of 41
c: .> " r C ., .. " r. "
-- ..---~ ------~ ~-
-
tIi' COLLIER COUNlY PUBLIC UTILITIES DMSION
. <:-
.........,,- ---- ----.-.----. ..----
---=-=:..:.-====-. 3301 E. Tamiami TrJ.i1 · Naples, Florida 34112 · (239) 732-2575 · H.X (239) 732-2526
April 22, 2004
Collier County Transportation Operations Department
2700 Horseshoe Drivc South
Naples, FL 34104
Subject: Livingston Road (Radio Rd to Pine Ridge Rd)
Collier County Bid #04-3651, Meter #5
Em~l'.::nt !n'igation Meter Sizing
To Whom It May Concem:
Our office has reviewed the revised preliminary effluent irrigation meter sizing information for
the above-referenced address. Based on the information that you supplied to our office, the
requested two-inch (2.0) effluent irrigation meter meets our minimum requirement and is
therefore acceptab Ie.
This does not consider any c.ontinuous load demand. Since our revi ew is for thc minimum size
requirement, the engineer should consider all relevant factors before approving the final meter
SIZC.
You should apply for the meter with the Public Utilities Customer Servicc Department located at
2685 S. Horseshoe Drive. An effluent metcr tapping fee of$851 will be charged.
If you have any further questions or concerns regarding the information contained in this letter or
in the attachments, please feel free to contact me at (239) 732-2575.
Sincerely,
~Q-Q~
Barbara A. 01ko
Administration Assistant
c: Pam Libby, Water Distribution
Heather Sweet, Utility Billing and Customer Service
.._., Wes Hill, Engineering Services
Agenda Item No. 16820
June 8, 2004
~* Page 40 of 41
c " I I i .' . c 0 .. .. ~ ;of
---- "-
,.."""--:_._..:._. _. ..__ .........,.:......._1. ...t... ._._. ... .
~~- '''''-'-''' ~-,- >
~;...._'"'-",.... '...-.-.---...
~
E. B. ~IMMOND)
.l406 ExcM;'\ge Awnue #105 Electrical, Inc. Nsple$ (239) !l43.2770
Naples. Florida 34104:7024
STREET UGHTlNG . UntmES . GENERATORS
, INOUSTAIAL A.ND COM..'ERCIAl
l:!.stimate and Contract REVISED
TO: Collier COlmty Government May 10,2004
Traffic Operations and A TM (Alternative Transportation Modes) Quote. #Q0410345
2705 South Horseshoe Drive
Naplcs.FL 34104 f\---. ""\"""
Phone: (239) 213-5886 Fax: (239) 213-5899 ..-; l: \,~ I~) f: L)
Auention: Darryl Richard
We hereby submit specifications and estimates for: Electrical Service for Livingston Road I Radio to Pine Ridge, Bid 04-3623
Service #1.. $9,500.00 Service #2 - $15,625.00 Ser....ice #3 . $14,1 SO.OO Service #4 - $9,000.00 Service #5 - $15,650.00
10421 Living:.'ton Rd. i095&liyin$Ston Rd. 11545 Livingston Rd. 12295 Livingston Rd. 13039 Livingston Rd
tOOA, I-Pll~ tOOA;3-Pha.<ie, l00A,3-Phasc lOOA.3-phasc lOOA. 3-phase
(3-ph<t3e not available) 150' directional bore 150' directional bore FPL charges FPL charges
FPL churges 900' opell. trench 150' open trench (up to Sl,250.00) (up to Sl,25O.00)
(up to $ j ,2500()) fPI.. dl13rges FPL charges . ... ~.
<::":1 '\\. (ul'l<lSl,250.iX)) (up to $1,250.00) sm d-,~~ + bO ~\,\ ~~ \
~. 0.. \ \ "n ~.~S S1i\ \ \:d.. Si "'l" \ ~~ . .
, \ Total Material, Equipm.ent, L..~bor. and M,O.T, S.6.3.9.?~..QQ
AboVt~ service-s include penr:itting and: Fin dirt (if needed) Slxl (if needed) FPL clurrges
~ Concrete slal; Service lateml Equiplllt.'nt IKlOk-up
Note: tills figure i.s tor budget purposes only. Iuv<lje<; wilt he:: ba!lCd <m time:: and material and will be itemized !It.'! Atmual Contracl.
TInS COl't'TRACf EXCLUDES ANY & ALL PERl\UT.INSPECfION, IMPACT AL'\1> UTILITY FEES. ALL AMOUNTS
EXPRESSED AND TO BE PAID IN US DOLLARS.
PRICE DOES NOT INCLUDE ROCK REMOVAL OR DRILLING WHEN EXCAVATING.
We hereby propose to furnish the above complete in accordance with the above specifications for the sum of
Sixty -Three Thousa."ld Nine Hundred Twenty-Five and 00/100 Dollars.
Payment to be made as fofollows: In full upon completion
II is the r~}lonsibjlilY of the pUlcha!ierJ()\VIlCI to pl~I;...idt: adequate access to th~ job site. If during the C(.>UrSC of the job it becomes ne<:essary to
traverse silk"walks, driveways, grass or sod, flowerbeds. sprinklers. etc, Every euort\\ill be made to avoid an)' damage.
Should breaks occur 8S II direct result of our ItlllChinery. repairs Yllay be made at additional ~ to the owner.
All material. ll.~d in th:i!: (;O)ntruct is gUlu'anteed to be as !.-pecificd. and the entire job iso be done in;tpeat and substantial ma!ln~. Any alteration or
deviation from 1he specifications hen...--m agreed upon involving extra cosl ol'lilbor und malerial wil~l\e executed ~lpOIl either a written or verbal
order for same, and wi.ll become all .xu<l charge over the sum mentioned in this oontract. Purc.1. gree;> to pay interest char' of 1 1/2% per
month Vl-hich is an annual rate of 18%. In the event p~yment is not made, purchaser agrees to. "'!IlY , sand e:;q:x::nse:s of <<I . . on i.'lCluding
interest and BttorIl'YS fees. I
Signed by
..~_ ..._._.._...._.._..__...._.~._..._..__....~_....-._.. _._..::::.:::::::::.:::======::;.:.::.:.:;.::.:e::.....................
ACCEPTANCE OF ESTIMATE
The foregoing terms, specifications and conditions are satisfactory, and the same are hereby aecepted and agreed
to, and ......'__........................----..-...-'-- hereby authorize you to execute the same.
Agenda Item No. 16820
Date ___..- Signed by June 8. 2004
Page 41 of 41
. -", - .,-- .
. .. ;..:; .:-:..:.:'.; .:::<>.:,:.;>.:-:"; ';. :-..:.,: ,_:;:;">:.;:>:-.::;:.:::.::;:::::::;:::;;::~:::<:.:::::::::;: :;.:.:::;..::.::::::;:::;}:::::::::::::.:::::::.::::,
.-
EXECUTIVE SUMMARY
Recommendation to award bid no. 04-3659-"Ready Mix Concrete" for the estimated
annual amount of $20,000 to Schwab Ready Mix, Inc. and Quality Enterprises USA, Inc.
OBJECTIVE: To provide a contract for Ready Mix Concrete and other related materials when
necessary [or use by all County departments.
CONSIDERATIONS: This contract is for the purchase of Ready Mix Concrete and other
related materials, for use in construction and repair of sidewalks, headwalls, mitered end section
when necessary by all County departments.
Bid # 04-3659 was publicly advertised on March 24, 2004. Notices were sent to forty-seven (47)
fIrms. Two (2) responses were received by the due date of April 7, 2004.
Staff has reviewed the bids received and recommends award to Schwab Ready Mix, Ine, as
Primary and Quality Enterprises USA, Inc. as Secondary. An approved and numbered Purchase
Order will serve as the contracts for this bid.
Other County departments or governmental agencies may also utilize this bid.
-
FISCAL IMPACT: Funding for the Road Maintcnance department for Ready Mix Concrete
and Other Related Material will come from the MSTD General Fund (111). Other using
departments will utilize their own funding sources.
GROWTH MANAGEMENT IMP ACT: There is no growth management impact.
RECOMMENDATION: That the Board of County Commissioners award Bid No. 04-3659-
"Ready Mix Concrete" to Schwab Ready Mix, Inc., as primary vendor and Quality Enterprises
USA, Inc. as secondary vendor.
"-
Agenda Item No. 16821
June 8, 2004
Page 1 of 4
,~-"~._..,,..-, '.'~'""-,.,,",.........-~,,.,
COLLIER COUNTY
BOARD OF COUNTY COMMISS:ONERS
-
Item Number 113821
Item Summary r 0 ~'I/ar.j P;d No. 04..3659 "Hec:'4Y' M:x Con~rete".
Meeting Date 6/3:20049:00:00 AM
Approved By
a",r"",rll l.aPi<,'". f.ctqn~g~m<",;ot:atldg~1 An;l:,'~'J O...,.f"
T r.n'Si~~~ti(Jl'I s(:!"v;~~s T r~~:~~<O!"tatl()~ O~(.t:crc~ ~2",";2CC4 2:53 PM
Approved By
J'!:'h~ V:i~t R,<.).c.i!a MiIlh~;~rH'!'H';e SUp'~:I"t~nc.r;t Con..
TI'cu'Isportia.n St::v:c~!t R<,~d Mal!"tt<::!"!<:1I"!Cf: 5;27i20<:l411.30 AM
Approved By
Sha:.t>I~ N('W::~3r1 A(~l)uating 5~;>€r\'!s(Jr Date
Tr:tn~:=-v;1i(m S.<""'/:';;~S rran~p{'loi~tl<H' Adml'1:"itr;;~:.;.J" r)t'27l2f:OA 7;:'j~ PM
Approved By
O:ane p\;-r7'jm.t;f'\ r:Xf':';~jtJ\"fI: S~(':7crt~;y D;J1f)
Tr.n~~~!"ti(Jrl S(:!,,;t;e~s T ror:'Si~o!"t:'dt;()f'l 3(:!"I(;,!:~S Au:~~:n. ti2!2~(l4 3.44 J'M
Approved By
Ly...W""d P:..;ro.:h.'Si;~'Q; Ag~~ Colt..
A<l!Y!it"!is::'U:thre S<::("I:<:es F..!t'< !'"!c1S::~g ~;2J2004 2:42 PM
Approved By
St.~,'g Carn&:i P".!t'(h~s::~giG~:u::ra: S'/{:!lo O;!'(:do:or Dat~
-<.
,
Ad~inl~tTa1h;f} 5p::v::",~; P::rcha~''';j f:i?JZlJM 4.G~;>M
Approved By
1.<,,, E OC:"". .;r, O~purJ Cc::~rJ ~3n;:,{;:tr r,-ltF:
8(1",<1 ,,~ C(lU!1ty C(.\.i~~l' M3n3g(.r'~ OffiOo}
C:n~mi$!'Sit)"f't~ ~;2J2004 4,09 PM
-
Agenda Item No. 16621
June 8, 2004
Page 2 of4
"-- .~.~ <-_.--~.._-,"".-".
.-- -
"
,
e'd 04-~65S "Reedy Mjx Co"cre!e" P.-cjael Marlager: John Viiallind Tom ',\fatts Nelices S&,I '7
___ _ __ Date DJe:~~ 7:.~GO~_. Cale Posled March 24, 2004 Pac<ajes Aacei'lea: 2
~ l . CJ8 ::y I I I
s ___ _ _ _ __ _._\~;~~Reactf ,~~t=~~~es i _ ---1- .___~
.QESCRIPTlO~__-__.__. .__ +- ._ _ L ---- -,. .------------1
~SE~TlONJ,:l"lceN!I~lvtl~ublcYa~-...I---... -.--. -- .- -t - .- - ----~-- ~
:~\...j::..f._?I Pu~:l i"ea~ __ ,_ _ ___ _, --'-' - -' ---4 - - -~ --. -.-.
To!a, Cosl ~ $63.C{J 57'.'::0 '
3~~Q~"L.",pMlxi;>9aG:aYeJL..=_~" .- ---" ~.- -~=~~-=- .- -+ ,- . ----
'clal CosI (CY:l SE7.COI $76.0:l -. I
:~~:l::: FSI ~eilula..rJ~e~~yJ~:x._ - __h. --- ~~~ ~ ----. t- ,-- - - '-~. l
' __ _ _. __ Tela: C~! (C.2:l. _ . . 553.00; __ ~7':;C -
135CO PSI Ready ~lix ____ ___ - - - - -1--. ....' . ._-- .-----j
T' .... I'CY ~'4~' !".....~"
~ .__ ___ __~_. ._.~._ ___ _" .~....~.L..._.__._!?_~'_._.__"': !.~--- -.----.--- -. ._- ._--- - --1
14::;a'2.F,e~I!~. -- .-------..- -.--'
~ __- __ _ _ _-:::IE.I CC~~t __ SE~.ill ___ $79,Q.L-p~___
t.1JJ to 580 PS, Flcwao e :,:' .: l_ :
~ --' '-TOla'Cos!(C0:--SS8,C:: _. ~5Bccr- . ---
~ -- TOT'CaleS'CTI"."- ,-,",'>ok ","",-- ~- E ~
~ SECTION' - O~.. .".to' M.~<,!!_ _ __ i-~' ~, -+_ I ..L -- =- ~-
-< ,Su er ,',~a~onar Cement ---4-
: TOlaIOJ~tIPerBa',.. !\22~1 '--:-_j- - I
< ~3 Reba" 3/8' x :20' I I
~ --- - - - -Tctai "ri~AL.-=-==- $7501 -1 --.- .L - -
~4 Rebar 1/2' x 20' ! 'I!
~ TalA; ;:'ri:e(::A): -.- -4=- S10.00i r-' -\ -- -
~5 Re:>ar 5/8" x 20' :
, To:al Pr oe ( EA.) ___ ,- $' 5.50 ___ -
~e:e~~:kex9~~E.r_ ._' __._l._ ,._- .--1 - - ..-
:; . -C!i: Prics :EA) s 1 30
;;; '::::on:19Ia lil: B xk ex B x B
;:: _. To~l Pri:~iE..6L..___ __ _$1~C __ .___ "\"1,
~ OJr.c'ele Sric<2 S'8' x:2 5t_~2! 3~d_ ._ __ _'._ _,__ _ _. _. -Wt.,~' 1 8 (.'-'~
N Total Pr':e tEA) I $0.39. ' Ul'-liY
~ tiOrtar Slu~cO "'ix 40 Ib BSIl _--' _ _' __ _ . -- 'lJLU~~~N';~CE
:.. . ___' To:al PI cs (Per ~~ S. 1.EO~ ,~'O 1-10'"
!;; 4:: b. eag 01 Co,~c;e:e Mix. I
:.; r- -ota: Price Psr 40 :0, as ~.5Q:..__ .
- I
..
g Agenda Item No. 16821
~ June 8, 2004
':: PalOs 1 01 2 Page 3 of 4
'"
Co
-
.,
.
3icl 04,S659 "Ready M:x Ccncrete" pro;e.:t ~lanacer: ~o~n Viet a'lcl Tom Walts Not ces S.nt: J.7
Date Ol<e: Aori' 7, ?:l04 . Date POSled: Ma"Ch 24, 2004 PBck~ges Received: 2
..
~ . I 'Oila::I:; I 1
SI I ! Sc:h\l;ab =leady I E.n:arprlses !
___.. . _ MIX Ire. USA, me ___ ,.-1 _' ._. :
SECTION II:. ()lhe!..!\el.le~ ~a.!!!i~1 Con't . . _ ._ ___ _ .~ ' _. +-
SOI9__~B!lEfCoB~:e~l.ix___. --.--. _J....___: --_.' .=J
~., ._'__' Tctal_p~C91?6.~80Ib.Bag):__ l79C ._. _.._~._..__
'~/asc;" Sa'lCl .
~'_.' - . ._. _.TO~'. pr.l.ce t"9'To'1" . __ .~~-~.45(() __~::":-_-'. . _.__~
Wire Mes~ 6 x 6 - 5)( 50 RolI__ ._~_ ____: I ._._ .:--. _ ._
.___._.___.Tc~aP';ctiF:~. ' l'3~CO ~ ._.:
~ar~ ~O) lb. 9ags .. I , ,_ ,--! __.,
~_. __ _..---Iota' "ri::e (Par 1;0 11: Ba~. $~ 5:-:~_ '_ .._ I _.
.1::i1~ralJlb~ei"'. er.~ . __..-.'_.._'- . .... _. ,._' .'- _ ..___ _____._ _. __.' _~.
.o:al p, 06 '."er 5C II:. Pal') 554,5J
194" p"""'''''.''",T>c''' -:~ _~ - -- ---:=---=_ ___-
.. _.-I.~taJFr!:e(PerS4Ib.3a!;i.. I $12.75, i-----i..----.
~ . . TOTAl. BID SECTlON II ___ . $3~5:20 : --t-._-
~ "_" I ,! ._
- I"'i'''~''"' ',. C _ p" f= SO_" _ _t' '" _ --l-- ---j .
, __ _ . per yard . ,per cut,:c y:j' I. I
; MI,,,,,ml'"C''';'S_''' , CYo'I,,, - -t~-''''':- ,
lil --.--1 I ,s"',,,,oT I
I S6clio~ I :
--.- . ---+---.'-- ---
, ,
__.. . I --1---.- _
Adce1Jum Ack'10...1ed~&-:! (YN) . ._. i .___ i ; . '.. _
, ,I =1
_ _ . _..-L--..~_._L-__ .__.___ _ !
~ 2Z:~~s~~~~~~- i -.----- I - - ;-- .-.~~~.:~- '
~ ~ -- - --=--; I~-~
< - - , ~ -1--=- ~
~ . ,
~ .-' .--.'--: --t.- i' -i--. .. '
..
..
~ Agenda Item No, 16B21
;:0 June 8, 2004
~ Page 2 01 2 Page 4 of 4
...
::>
,--.- - ..~...
-
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution approving the Satisfactions of Lien for
Solid Waste residential accounts wherein the County has received payment and
said Liens are satis1ied in full for the 1St93 Solid Waste CoJlectiOf1 and Disposal
Services Special Assessments. Fiscal impact is $18.00 to record the Liens.
OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential
accounts where the County has received payment in full for the 1993 Solid Waste
Collection Services Special Assessments.
CONSIDERATIONS: Resolution No. 94-694 adopted by the Board on September 20,
1994 provided for the recording of the list of 1993 delinquent solid waste collection and
disposal services special assessments and a mailing of a written notice of the
imposition of each residential unit lien. Resolution No. 94-694 was recorded on
September 22, 1994 in Official Record Book 1987, Pages 1514 through 1749 of the
Official Records of Collier County, Florida, which placed a lien on certain residential
properties for the 1993 Solid Waste Collection Services Special Assessments.
- Collier County Ordinance No. 90-30, as amended, provides that Satisfactions of Lien
shall be approved by Resolution.
The attached Resolution lists the two accounts that have been paid in full for the 1993
Solid Waste Collection Services Special Assessment Liens.
FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the
Resolution is approximately $18.00, which is to be charged to County Water/Sewer
Operating Fund (408).
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact
associated with these items.
RECOMMENDATION: That the Board of County Commissioners adopt the attached
Resolution approving the two Satisfactions of Lien for the accounts listed in the
Resolution and authorizing the Chairman to sign the two Satisfactions of Lien for the
1993 Solid Waste Collection Services Special Assessment Liens.
-
Agenda Item No. 16C1
June 8, 2004
10f5
""--'-~-- --~,_. "..,.,.,.....~,..___=.".,~t"<..,'-'. . -, .....~...."".,--""".'~,.'-'''.._,"'"". ,'" ,.,.-.---,"
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number 1f..C1
Item Summary Rec:ommEmdH!iorJ to adopt a KElsolution approving thE! Satisfact,ons of Um'l for
Sn:id \l'.JastE! ru~;ident:<:l accolJnt~ '^'ht!rnir: the County has recE!!ved payrne!r:t and
said Liens are satisfied in full for the 1993 Solid Waste CoHection <md Disposal
Services Sp..ciai Assessrnsnts. Fiscal impact ilio $18.00 to record the Usns,
Meeting Date 6i8!2004 9:00:00 AM
Prepared By
Pam C;;lIis Revenue Supervisor Date
Public Utilities uses 51~1!2004 1G:IB:05 A.M
Approved By
T'1ms,~ RieSf:n Rev"m.l,' M:a:I1.1ger lJ:a:t"
Public UtHities UBCS 5124i20U4 12:2'r PM
Approved By
P;m~ C",llis !hwem.le Super"isM Oate
Public Utilities UBCS 5!25!20U4 '10:15 AM
Approved By
""~ ,fohn A. Yonkosky Utility Billing Dirfi,:tor Date
Public UUlitles USCS 5!25!20M .1 :!Hl AM
Approved By
Thcm;;s Wices Operat1-:ms Director D;;te
Public Utillti<:'S Public Utlliti<:'S Opfi!'aUOflS 5!25i20lj,l 4:24 PM
Approved By
JamilS W. DeLony Pubiic Utilities Acministrator Date
Public: Utilities Public Utilities Acministration ~!2ili2004 11: 59 AM
Approved By
Pat Lel'll1hJJrd Admir:istrlltive Assista'lt O..fe
County M.1nager's Offu::e Oftke of Mlll1.1gement & Budget 5!26/2004 3:2', PM
Approved By
R.~r.\1y Gre.-,l1wa!d M;.m.~!:Ial,,(lf;ntiBj;dget AnMlIst n",te
BCiard of Ct-'t:flty Office of Management & Budget !i!2!lito04 2:22 PM
CC'tmn1t~sj~'rl~"s
Approved By
Michael Smy~owski Management & Budget Director Date
County Manager's Office Office or Management & Bt:dget 5!2812004 3:13 PM
Approved By
J:a::n(;$ V. Mlidd County M.1nager O..te
Bo:a:rc of COlinty COlH1ty Manager's Offica 513.!20M .:36 PM
Commissioners Ag..nrl'" It..m "'n 1 Flr.1
June 8, 2004
20f5
_."~_...~ ---.. ill _.........0-. .___"_.,....-...,.e."_._,, .,
RE50LUTlOl-t NO, 2004. "..,.,___
Is. R!.:SOU.,'TiON APPROVING SATISfACTION OF' LiEt~S
FOR CE~T Alt~ ACCOUNTS TriA T HAve PAlO IN FULL
THE: 1993S0l.10 \'o'ASTI: COLLECTlON.AtW DISPOSAL
SERVICESSPEClAL. ASSliSS.MEtITS
V~(HEF!E.AS~ p:"~~":~~k1n: l~ c~n~,0:' C,~~<<ll>, OSdi1'~~I~l"X:' N,,"t:)(>.<3(l.. ~. ~~IY:(;.r.lf;~1.. ~~~ So~~c.1
;.~t: c(:,~~~ty 'C!;i':'l:)~i~:~:o:'l~~ ,,~n S~p-t,j~~~ool -20. -'1994 '$fjf.>i.~t~d n;~s.;jkltk:r~ Ne,.. S4..:{;~4
~J,:;..ht).:'::lh~9 the recotdin~~of -f~{)t~;f.:~ of ~:i):lS k;j u~s..); d~;H~~~t..~Jr.t -~i.~icl: "J';~:$.te coti.",::Uc(:).ar..,j
~~~c-$~ s~:"~lice$ $p~~1al a~!(~:;~t:l~Jn1~' f<>~ 1 ~S3; <lnu
ViHE'REft.S~ C;:::U:~:' C:',":t;srdy_ O:\~h~(:rj(,:~ No.-_ $O"~3(J..(:~ .3Jn~~H,:d!1d. r~qs;i~e$Uw ~f~j "::0
....spf>:\~~....t-= by r<Gsok~t;;.'::r: and r~f;Q)~"1 :n ~h& OF:<:icl Re,~{::-~jf) a S~t~~~cticr:$ cf U~n en aU
1:l'~:.~j"nl$l ma; h~.\~ t:$Zn P<lf::! i~' flJt
NOW n'!~fll::I:ORi::, Ell.:' rl" RiiSDl..V!::D BY 'IH~ 80ARQ OF COtiNW
CO~J!\"fjSS:()NERS ()F Ct'~LtJE,R C(n;~J';Y~ .FLCH:.OA: !l"nt. f.X.n'S~:{~f!l. lQ Cr..0He-r C~un;y
C:',i:f~:..~n~";{:: N{).,:3{""s.o~ *~ _~j~~:~oo~1, lh.e S:'%:H~ (~c\..':~r:-:L~$ ~t:;~ pe,.'T":1z:[j~ 3~d rt:t:t:tr:.t<< '~r0
1993 Se:\1:~~ Y~~r' Soik~ \^/.ast~< C::..:.H~~:U:)n hnc Dhsposa:- S~~.:a: AS:x15s;m~~ttor' t~e
f.:[i~~l"\y~"g ~cc~~r::~$ ::~:r:b~:"~-.:J b<;}:ow: $uht.~~.:c~r.t t~ tt's{~ ~::i;.'::r:::()~$ o! R~=$:..,,:ltl~h:':rl No; ~~..69-$,
V\lh~-r~i:r$Cr.'~ f:J::!t h<<d ~~r: r0C~l~d~c ~~f': (~<1~ p~o-~)*r~y p~:..t.~:r~:ng t,,:~~;~ ~Cl,,':C:t:.:"1W kil>~ltifk~d
l:ilff:l:n ;h~. S3.;j$I,;;~t:<):~$ ct. Usr, allc'lcl',,,,j I,~'<>t:; n~(~!t'l)~:ng. t"'~a(;mlJnls jj0'<'\lit~'1
t~~~e:n ~[~ ~r~by ap~,,:i\;'~c .and ti1e Gr.a;::m<1f1 j~ :1~(t..t~ (1~;thorll.~;': ~~ ~iGr. Q:,: h~r:~:.:;.ot':tj9
B::"-lrd d C::'W?1ly Co!'t'mi"-<:~:::n"l'$:01nc m~ C:0':i< l:. d;'N:<!>""j !l', :"'CO!I.l t"S$ Rly::,'.>';;tl'.m Iln:j
tr:~~5r1 S(1~:S;t1~:fhr:s of. U~n :rl:~;i;;":t~:J~~~lh:!!'1~ o:n~:a! r~c(,.~~j~ (11 CcF::EJ!' C~t,;n~t
Ao.::O:Jr~t Nf). 5~~
9441
Tt:i~ R~~~.tt.a~~n ~d~pt>~.j th:3 '........... da:j: tot ....................uu.....~,2(KNt ,~f~fjt rn~ttc.tL
:~e<;Or:(t a:r~d tna:j)ll1y )l\;:t~..
BC/\':::(f) 01' COUNTi GQMMlSSlC,"JErS
A:rn:s-r: COU.1ER COUNTY, F'LOP.I(;',,\
C>'NiGHT E. BRC.iCK CL2YlK
....'_..~.........._..........................._.....n_...__... fJY: ...~'.............................
DONN.,t.A.AL,,S,, .CHAIF!MAN
Arrsro:c;~:j i:~-: !(; . jO:Y(1 $:fl::t
'~~Z~~g:.,d:~~~,,~:~~~:'-.'7
b,..D~..,.ic"'t::. )-Vp~g~:
t! Cr.:(tir:t'l ,t~ tt:Cm~~
Agenda Item No. 16C1
June 8, 2004
3 of 5
'-"
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
Property Folio No. 26681200009
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of
a certain Lien against
Sizemore, Damon Craig
P 0 Bo~ 9664
Naples, FL 339419664
The Lien was recorded on the 22nd day of September 1994, in Official Record
Book 1987, Pages 1514 tt-rough 1749, in the Office of the Clerk olthe Circuit
Court of Collier County, State of Florida. The Lien secures the principal sum of
Ona Hundred Dollars and Seventy Four Cents ($100,74) plus accrued Inlerest
and penalties, if any, and imposes certain obligations against real property
sitt.;ated in Collier County, Florida, described as follows:
COCONUT GROVE UNIT 3 BLK D LOT 13 OR 1104 PG 1951
Folio No. 26681200009
Project No, 63000
Account No. 5982
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lie:'l ceases 10 exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of this
Satisfaction of Lien, by action of the Board this _ day of ,2004.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By:
DONNA FIALA. CHAIRMAN
Approved as to form
and legal sufficiency
~/~
R B ZA RY
" ~.
Agenda Item No. 16C1
June 8, 2004
4 of 5
-.-.. __"~O""'~~"_
._-- _.-.
ThiS. Insln.lf(;u"lIXl'pal..-d tN~
f~~beri Zec.c"f~{~
A~s~~t~~~! G(x.$nt:)~ At1f,m<iy
Offl~e (;f ir,Q Go\mrr' Atl::rr.I?Y
~~~C ~- ::'&&1 T~m:~"11i' T~a~l,
Nap!!:~. f'lc..:daS" 1 1:2 .
{;;l.H) 774-e400
f'rc,r~r;: ;:;:<,io Nc., 3"122~Z,,W:-'
SAT!SF~,CTION OF LIEN
r::~CW :,;..;.. MEN BY 'l'l.'IESE.: f'~!.::iE.Nl: 111<l1 the BOAnO 01' COUNTY
!::OM:y:~SSjc;N1;RS Of: CC.:Lut~';{ G(';;J1'i'T_X" flCNiDA "9'JQS: t~~Oo{~;(SH~ ai~-d ho~~.(~f
~ 'e:"ta~) Ue~1 ar~3;r::>t.
V{~5:e1~M~:t< E,~ - Lo:t A
,,:sw 2Ii"?l SW
NeP~s.:- f1 - ;:~;J=:SSOC{Jr(l
n~$ ~..)~) ~..,~,s l;:3(.:O{.j*ct tJ(~ t.ha ~:"'s1d~y oi ~~h":r!"Sn~f-~O:)4; :,~O~i~~: ,A~CQf;j
8{'...-s~ 1m~,7.: Pagl'!& 1514 tl'lm:i(lr.l"!4$, inlr,Q omr.~ <.1: 1M CWk::t fn."! Cir;:uii
CO<lrl c! CO:l:>::f {';CUM", Stall! of f:9ricta. 'r~ Ulin ~:lCi.lres lb:l ~r,nc:pal sum ,::Jf
O~~e ~h.:ndt'.~,j Ch.--A~~'s, ~~.n~Y S*\~h~.y:f-t')l1f C~:H'i~~ (S1QC:74l: ~~k~$:' ~~tl~(ll~t1 ~r.!~t':.1$1
~fK.l p~~I~IH';;:>, if PSi':,!,.'r:d rm(;ol''''s <;<il'lttlin ~;bligalj()<)$a\1,':it':~: ff.>al pr';)f;~1y
S.:t:;<1t~.:1 jr: CC~~;i<-~ CCt;n~':. r:';I:~r~::j~-dns6tihi:$.j 'M fOUo',us;'
C..ol..OEN C<A1!::\,iNIT "1 BLK 13SLCtt lOR. 15';;1 1'/3 %2
Ft)~k: N~. 3~1.2~120l){)7
P:'1)j".:I'N::>, ~30-~l}
,t\l~()<..l!,:l Nc, 8441
-c('{:k~( CO:.t~~~..~ po:1H:;.~f ~:Sb~:~11~if'}(s cf th~ St.&t~ o~_r:Q~l~a. hS3(~hy
,1;;~.;lO',"h,c~t. f*,,;x,;pl ot pn)>'rr,<llli in ful: s~ti<sl>>.ctj<>:'\::>1 !MU",::\ <11'..1 t':,~:.-:l..;>,
c~f:(:~..ls Lit.n.
~!~~ Cj~~~ cf :~~.~~- 9if(XJit' Ct;i~Bt :e~~$~l~'i;jt~;e(..1~9 :....'-t.~::;1d~h:$.S~~~f~r~ti9n .cf
_~.~~~ h1- -:r.~ c~JlCot.: ~~CO::'~(sr, C(~:h~~' C~)~Sn~)I,,: F;_Of{~l~.. to a\e~).~w:&j~e ma~ the
1...!::lr: C"'':lS~& Ie, ;,),:M.,
:~t VCif::'~zS5 V'lH,=~EO~4lr.e.':3'~3.,:,d ~:if C):,:c;.H,:ty C,crm.ni$sjone~~'.;')f G(.;~1~f ~~,;.;~;ht'i';
flcrlca. a--~;i;;\l tk(yj~b its Chll.,rm"n, uirects ex(.'Cull~fi <lI':C :t1UlIl1Ing of !h~
Satl$!<)~~tk'::l~ c.-I Uf)r).. t,y .<~(t:~)rs (.;t!~~i: BC)):'u'~_.n:k:f_-~ie_y,oJ .: 200-4..
!\'lTl::.ST: SO,\;::06F CCl.JN'fY COMM:$SIONERS
V\AltG~i"f E..!;BCCK~ C(E~K_ COlUE.lCC\,!N'TY. fLORIDA
Oy;__.._,.....,........................................
C-vNNA ;:::IAl.A. CHAI!'<MA?'~
;\.pr;t(r4'~,,~ .t:~ 'l~ .Jon;}
and I~J~~:.~!!5:el'1C)' .".ow
..~)2~...:~S~.~,=~~::~..u.." )
AO?-t"AT v..>>"'f.A,P:'t
Agenda Item No. 16C 1
June 8, 2004
5 of 5
.;.""t'''<''r''",~"", ;K" . ,,,,"~~'i",-II1""'.""1'i .
-
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution approving the Satisfactions of Lien for
Solid Waste residential accounts wherein the County has received payment and
said Liens are satisfied in full for the 1994 Solid Waste Collection and Disposal
Services Special Assessments. Fiscal Impact Is $36.00 to record the Liens.
OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential
accounts where the County has received payment in full for the 1994 Solid Waste
Collection Services Special Assessments.
CONSIDERATIONS: Resolution No. 95-475 adopted by the Board on August 22, 1995
provided for the recording of the list of 1994 delinquent solid waste collection and
disposal services special assessments and a mailing of a written notice of the
imposition of each residential unit lien. Resolution No. 95-475 was recorded on
September 14, 1995 in Official Record Book 2099, Pages 1338 through 1574 of the
- Official Records of Collier County, Florida, which placed a lien on certain residential
properties for the 1994 Solid Waste Collection Services Special Assessments.
Collier County Ordinance No. 90-30, as amended, provides that Satisfactions of Lien
shall be approved by Resolution.
The attached Resolution lists the five accounts that have been paid in full for the 1994
Solid Waste Collection Services Special Assessment Lien.
FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the
Resolution is approximately $36.00, which is to be charged to County Water/Sewer
Operating Fund (408).
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact
associated with these items.
RECOMMENDATION: That the Board of County Commissioners adopt the attached
Resolution approving the five Satisfactions of Lien for the accounts listed in the
Resolution and authorizing the Chairman to sign the five Satisfactions of Lien for the
1994 Solid Waste Collection Services Special Assessment Liens.
-
Agenda Item No. 16C2
June 8, 2004
1 of 8
..,,------- ..,___.......___._0"__ ,.,;.."'-'.".,...".".,'''',.,-.'''''."k_.'....''''''"...,~_........"..".,e
-."-,.;-'"".-.-.,"'.",..-_.....,..~.",' -''''-.---''-'''
COLLIER COUNTY
-, BOARD OF COUNTY COMMISSIONERS
Item Number 15C2
Item Summary Recomrr.EHlda!ion 10 adopt a KE;sn!ution approving thE! Satisfactions of Linn for
Sn!id \"V~~$tH rB:~idHr.t:c:! :~cC:Guf':1s \A,'r:HrBir: the Coun1y has recB~ved paymEH~t and
said Liens are satistled in full for the 1994 Solid Waste Coi!ection f:nd Disposal
Services Special ,A,ssessments. Fiscal impact is $36.00 to record the Liens.
Meeting Date 6/8/20049:00:00 AM
Prepared By
Pam Callis Revenue Supel"J'isor Date
Public Utilities U8CS 51':11200410:03:05 AM
Approved By
Tilrf:S,1 Riesen Rev.-,nu.-, Mal1,1ger Dat.-,
Puhlic Utilities UBCS 5!241200412:28 PM
Approved By
P;m~ cams R"tlV~()U~ Stlper\l'i$M Dale
Puhlic Utmties uses 512512004 '10:17 AM
Approved By
- ,lohn A.. Yonkosky Utility Billing DirfH.'lOr Date
Pl.ibllc UliIities uses 51:7.512004 12:01 PM
Approved By
Thomas Wides Operations Director Date
Public.; Utiliti<:$ Public.; Utiliti<:$ OpE.'!'3tiOl'ls 5125i2004 4:33 PM
Approved By
James W. Delany Public Utilities Administrator Date
Public Utilities Public Utilities Administration !i12ili20M 12:()() PM
Approved By
Pat Lf,t:nhnrd Administrative Assistant O;;te
County M,1nager's Office Oftke of Man,1gement & Budget 5!2u12004 3:23 PM
Approved By
RM'11y Greenwald Mal1.~g~I'!'l~lltiBl;dgel Analyst Date
Board of Cr,'l:flty Office of M3nagement 8. Budget !iJ2lli20Q4 2:15 PM
C(':mmisskm~rs
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Offi;,:e Office of M3nagement 8. Bl:dget 5!2&2004 3:15 PM
Approved By
ja:nilS V. Mudd County M,1nager O;;te
Boare of County County Manager's Offh.~e
Commissioners 5131120M 2:00 PM
Agpnn", It...m Nn 1 flr.?
June 8, 2004
2 of 8
"-- '-~"..~.~. ~
R~SOI.UTlON NO. 2004-.........
A RESOlUTIONAF'f-ROVING SATlSFACTIOt{ Or UfNS
FORCEfrtAU11 ACCOUNTS THAT HA\lEPAID IN FULL 'THE
HI94 SOl..IO WASTE COLLECTION ANO DISPOSAL SERVICeS
SPECIAL ASSESSMENTS;
WHt':RF.'AS,. f:B!'!>I;~:~1 o>."l CO:HN ('.(,;;r.'y O'~"~N't~' N~, "'C~JI), 3~ a~l!rl':j~c,lt:a l:ks.~~d
~~t C!)U:lt~l C(v.'nn~;~~sot~~ 0';' AllgtJtrt ~2~ ,19g~: ~~op~~6 :R~~oh.:"JO~ Nn. ~5..47~ as;~.hof:21n~
'~r:(,. l-eC()fd:~~t of r~6~~;-;..l$ ~f HeJ:s ~<>r- -~he- dt-l:nqu~rd sO:;~d ~.frf;")l<"" ,x)l~r;~;:j(~~, <:\nd d;~p~?:5a:
:~';3~~~,~"'S"S ~~~eci~t 3.ss~ssm~n~ ~cr 1004~ and
\'VHERf;,AS. Gt~:~:~~f C'A.",;un~r( Oro~:"'~r:cs' NQ~ SC.;;K~~ a~a:r:e:"1d~il. ~tq:s~~G$ thC1 B~:t:~(i t~
;:pp':',:'i~~by Rf:MY.s!k;r: w~i.i tfit:(li:d tr~- ~~OF~t:(alft€-co(d5 ~1 S(''H:&3c:br: of.Ue~) '.cn ~;i
'~.C-CO~~l.:~ t~$~~. h~'A~ O$,:...:.~q p.a:o ::1 ftit
NOW, n:tH~H)RE. BE II" RtSOL'JE.C'l 8Y THE SOARD (>;;:. COtiNTY
CC;<M~A!SSlONf.'.RS Of-' GOt.UEl'l COUNTY, fLORIDA. th~1 pl:rs.,m!'ll ;0 C~l:ill( CCl::"lly
Ordlrlar:.:$ No. 9<.1,3:;; <)I'. a<1'llml':'~:~,lh~Soar:J (~CCS{1l:u~s 1l:!I ;~~Y'-:'l!'lr,; ~f"J ft>',,,,,>j.)l r.<! n.,,,
1~94 S~.\..~:CQ Y~:dr .S::IJid \.'\ia~~~:l Col~~cticn <,,)nc t)::$pos~l S~e<:i~l ;'...~~;3~~~onl fo~ :r~
~(;il(;'N:I~g ~~Ql:n! 1~\;~l;H,OO b~:oW, l'<(,bi;~J~n: 10 t~w ~OO~tio,'l d K0S0I,;tio:'\ N,~. 95..17'5.
~Nt":>..?:Wyc.r) << :~en r.ad oo~~r: :.~i{)!d*,i :.tin r~al ;;f~~;e=-t!' ~f~1~ffr"J ~(j the <lC(;~tj~d~~entH:~~
h.:~f~1::1. rr:~ S.:'$t:!;;1ac-~o:'1 oj L:&~~ \?~ttaC't~t.:.,.:j t~(~r-Gt" r<~t~r:'3:r~ir9~ !r~f;- f::X:v:JFt ~j.~Hl,t~hecl h~t~jr.
l::'> l':iI'::~~~~' <:;J9,,~~M aNj t~lli Cll;ll:r.'lar: if, !':6-ff:t.y ~l;t~('>l':;:.:x:l ;(1 si~n 1;,;1 bM-:-?;lf of th~ &:sMa
of C~):Jr:t( Ccmmi$t:oi(~ts.. ~nd tt':i1- C!.erK :,s . (li.:.~::':l~j 1.:)- <t=t.:t:<'c ttt:$ A~5~:I~t:o.", at:d n:~~
S..~;d..Cli;:.n. 01 U\',,1 i:'lliiv:d:Ji'>lli :nl!;'j ,-,md?ll ~e<:oro:, cf Gclih:.r C",;,)I1':
I'....:x":';.~:~t ~C, 47~2
8031
tS9~
2~1 :3~g
~7:2
Th~, R~~..c~;..di.:::r: (::d!)vt~d tr.~g ~_~.....t:.ay cf ..m.........................~ Z(~C4~ ~ae~ :r.oeO:"\l
stCo:1d <1n~::na}:;,.:.~y 'iljts
8C~\RO O~COUt.l-rY ~"'~OfvtMiSS}ONr~S
,~TTES:; COLUEf-l COUNTY, FlDRIDA
DWIGKr ~. 8Ra~K. ':tE8K
...................................,.............."........................-
BY:..........._
DONN.A 1"1,(>,;.;\, cHP:iRi,1;.:,~r.....................--
App~~o\'.o?!;. i;\l$.tck"Hll. a.~:J
l!39z..! S:JU"i..":;:~n,:v'.
........-,:.:.---7. ~~~~~.-...)
';./.'C...... <..~..,,&:f...~..............
{~"S.'u~~id.C. Y" r:~iYe:
.co:..r~:tv Att{~fn~)(
Agenda Item No. 16C2
June 8, 2004
3 of 8
~-_.
T:'lis;n$!i~,'i1li:r;i p:~r",roo l:1'~
r.o;:;l;-Il Zachary
t,lllli,t~l'lt COU:'ll:J ,~bme'l
()ffice oi 1he- C,","tirit>,_~rt(s!'~~lt
~::.sc'~ E:~b~ Ti$.l~:,rir ''fraiE.
Nap,e$. FlOri<la34= 1.4
(~4'\) 7?>H400
Prcpertf roSie-No: ?wai~QW9
SA TI$M.C.1!.9t4 OF u!:rt
KtJOWA\..L MEN BY Ti'fE;se ~'R.E$f.'N1'; 1ha~lh~ \)OARO OF
C,:lMMIS510NERS()FCOU.:f;O O;)llNT'( FLoRICA 'Nast.>;,j O'..,~lerbi\d
a c~rlajn Lie,) e.~aifl$t:
$,2,emore. Dam'3nCr.a:c
PO SO~ 9004 . . ~
Nilpl~s, i=l S~1941 S1384
1'1)* 1.:.1:'1 wm; r~::orded ol1.he .14'-" <Ja'l~f SQiY:t1!'r.oor '\ 99$, l:'l Official Rw:aru
Sook 20!'?~1, P<1\l~$1338IiwO\.igh f 574, In :11... Ofli:>:-s Of m~ Cl!.Hi<. cfttlliClrt,.1i~1
COiJrt :;,f C'.>;li~rC<X1l1!'1, Stat;; of;::jc,rlr,... rhi?U;Jnsecur...,.~the prIf1dpa1 ;:<.1')1.";1
Or!e H'.i')(!rOO IF.);)r Oo1!mi Ar.1 'H1:r1y$l'YlillC~l!$ (1 04 ~'71. plu:~ a~~l\~rj
!,\le ~{i$I.<<M penall:~$,. i! MY. and lmp\.:.et:!$ e<:\lt<,:H. cl>lijS3.tl()n&ag.1inm rllal
P(~'r:l1!t>, sih,;allitl in c,)mer GO>.!llt'!: florida, di3!lcliP~.!\$ (Qt:ows:
C.)CONUTGROVE '-'Nil:) BlK 0 L.OT 1S OR j 104 PO 1fl.51
Rile No. ~&:;e !ZO~10S
Proj~fNo~. €4-:,Jqo
.A.::~a(,mN;;:.. 4l~:::
G~,ll'~~C.;)I;nty, . a "Qiibl:~i !il;bdMs~n pf. lr.~ Slam 01 fi()r1tt<1. hef~b>{
.acimowtedgE!s fe~l>t 01 pa:i:))(:m lrf fl,11 !!<'li~fiS<:I~::r. 01 It:.:l L~n amj hert't'~'
':a:v.1'~h;. Uan..
Th.; C;a!~: or 1l:~ Cif<:uit C'.\'-lrt :$ hf>r<~b'l ~~ir~tf;i:: t('l tflCf..rd ttli$ $;.ltisla('lk,-. of
l.:.,::11'l t!)ll (3fl~~ia; Fl!.1'-'t)n~$ 01 Colliet Ccun\v. Fk....i.-J~, ta <<d<:r:,");Mf:d'Je thai l!')e
lie:"": t~a~\!s: ~O 9:(:~~'. . .
I~: WiT~JESS WHEFiEC>!'; Ih~ Soard :>1 C');,ml't C<),('m~$kll:01'il cl C()t;:,.."t' C~'iJnly<
r-\prirh, l1l~tin;J .lhrl)~I; lis . CMi@at.,:. ::ji(~t$. Ql(0;:,lll(miln6 :f:wrdir:g 01 U'lll<
Sahsla<.:uL'f1 cl U~m. ~f actiOl~ of iht'! 80al\1II':I$............, 03'1 01 ...................., 2(1);;'
A rn"f,-r: awARD 0;: COI.JI'if'/COfJlM,SSIONIr:ns
r~'lK>Hr ~<6ROCK: CL~Fl~: COL.tIER CO(.I;'~'fY. I'LQHlDA
.......................'......................- $)' -...................,.................,.....................
OOW\lA ;::IAtA, CHAiRMAN
Ar;p'f~~~l' .as to .h,,)!ID
I1r-~jf~<ll.~li:"::l"!l'C'y. ._
..... ~~,:-. ~ .",,~-- .)
R6~'rfr-:; C~RV__
--
Agenda Item No. 16C2
June 8, 2004
4 of 8
-~.- -,,-'~- -""
.rhk~ jr.st~~~m~~pt ;.1ff~f..?,~d p)<:
Rob~f; Z:acn~tY
A:>SISI:.il'l1 C<l:.mly' Atltm~ey
Gf~:.~.;'(1(;f. theCoJ~sW J\.tt{;H\e'l
~~?tG1.F..a~'tt TA:11~~n"~-Tf~i~
Nupiti'.::. fl<:fi<la S.., t2
{94 ti?74.l!~OO
F(V)~:-t1 ;~~lk1- N,,~: . 35 ': ~2 ~ "2{)(:(t7
SATlSFMIIQtLQ.F UrN
KNOW ALL M~N 51 -rH~Sf. Pi\f.SENt: T!1et lhe BOt.FlD Of: COliNTY
O)MM;!':$1r)Nl:8S Of' COLl,.I:;,?, COUNTY, F"~Cf.UCA wa.. the -:."',...~U;l ~rxll:Q:>::i"jrQI
a C~n<1i~1 :".:t111 .a9~~in$.t.;;
W!se. .M6.!l< E::-& lalA
4nfiO -20;~:- Pi s.'"V
Nas..l~:3~~. F= '3~~f:"~}:M;-{~~~n
Th~ .:.J~u \<.:a~f~ccrd~dcr. thf:- ;14~'- da~i~":f: S~P!tJ{r:t\."2r lS,~~(jr. (j~tib:a: RGc<)~t!
Bc<)~. .~:OO~, P{1.g~s 1 ~26 tht~t:g~ t~7 4; .in th~ f..!W!"A1'(j t~~e,_Cte~K of .~~C. C~r(l:.=t
C,(~rt ;.)( Gt:Uter Ct:~!nl)~.5tale,~J' r:~Hda~_, ~~1t: ;...J~r.s~':~res~r.9 pr~r:ci~~: su~~~ :of
O:'1Ei H~ndr0d foun:k~lafi< AM Tr,;ri~' $~M.'n C!?nl~ {$H:4371. (;1:1:;' aM.'r;'l~d
'rn~I~~1 an~ pemim(;:;. if m~'f, """1\1 ;l'1'KJO$6$ cr.me:n obllgalior", m:alr.st ffi!d
prOpMy $'tua;.~tJ l,~ CoH~r CCl>n~/, Fl>:'Jrina;. ~~i<cr,bi'{'; ~<lloH:,;w; .
GC-Lns.:-:r~ G.a.TE: tJNrr.~ OlK ~~ LOT ~..OA t5~-;? P(, ~....5.2
f'o::o!'Jo $012212t.'{,'Q1
Prc:o~t No. i;4COO
.AcCo~.u:t N~. l.!Q31
-CQmt'f, CO:Jflty, a p~~:H~<<l- S~lr,~\::'Sh::n_ o~ l~$l:- S!afe :\:f ~1~f1:1~~ hef~.~by
,1c~;r.('/(,'1~dg;~s re<;e:pl (;of P~l'r.'WN lr: f:ll: &,,~,sfe.c'l:o'l of me We'l llnd r.~""tJ~
.ca~{';(:l& tier..
TbJ Cftl1k ofl\'l;, C.jf~lil C"':Jl't i~,,~rf}l;'i !Jir~clec Ie. 1>3<:C((\ mi.~ S",li$l~ct:o'l e,[
U~>1 ") t~lr; Q!ll;;i'i;; Rt1~~m:l$ OI'G~I::6.' Cot,n)', f;,,:l<j~: t~ "r.t;r..::l"'t~&J6 ~hat-t~!$
!.:ilnc6a~",$lo<ll,(I$t. .
IN ?:frN~S$ ~VHEnEbF...t~'I{; B<.~~rd t..l~ C~:'ltyCCq:1rr:~~:1l::.""r.~)'~ ~JCi~;_;ierC~t..::"'(t~;",
Ruri::..:a. actl~~.gt~rc\Jg~ ~~$.- Ch<<~:'l11=...~n~ ~~~r.~c.'S_ exoout:o~ .<u"j_:1 rQ...~~rd!fl!J ()~_ Ih~$:
S<1t:$;ff~:";~:Of~ 0: lien~ by a~:tic~ct th~ r",o<<fd tb~; ..........................._ ~.kiy cf .....................~~ 2tt04..
;.... }..tES': ~ ~\~..R6op.COl;N"!""(' C:)t~1~~~:'SSlCNr;..~.~
C.;\-'I'GHT ~-. aRCy.:;K, CU:;l'tt>: :C.OLUER. CO~:~'tY. :~t(?~~ ::.lJA
..............-................................--............. b'y _...,,",___.......,........................__......___......
OOtm... f'lAL-\, CI-L>\IRMi\N
_App:'\";~;",~"'~?i- AS'.~Q ((~1f!'
~~~t.:.wI~!1!,;Y ",~v'V",
~. t~,...". /' . ,.,..;1". I
~" '..... v1.
...........(.........-.-.~.........~..'.-....;......_..__...---_.....
BQBEfrr Z~!~;-,R,{ ..
Agenda Item No. 16C2
June 8, 2004
5 of 8
.-
This instrument prepared by:
Robert Zachary
Assistant County At10rney
Office of the County Attorney
3301 East Tamiami Trail
Naples. Florida 34112
(941 ) 774-8400
Property Folio No: 48783840002
SA"SFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORID^ was the owner and holder of
a certain Lien against:
G E Developmentlnc
POBox 1691
Naples, FI 339390000
The Lien was recorded on the 14th day of September 1995, in Official Record
Bock 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit
COlJrt of Collier County, State of Florida. The Lion secures tho principal ~um of
Two Hundred Eight Dollars And Seventy Four Cents ($208.74), !:Ius accr~ed
interest and penalties, if any, and imposes certain obligations against real
property situated in Collier County, Florida. described as follow!;:
HALLENDALE LOT 104 OR 1986 PG 2328
Folio No. 48783840002
Project No, 64000
Account No. 15985
--
Collier County, a poli1ical subdivision of the Sla~e of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien,
The Clerk of the Circuit Court is hereby directed to record this Salisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge thaI the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of Counly Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of this
Satisfaction of Lien, by action of the Board this_ day of ,2004.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E, BROCK, CLERK COLLIER COUNTY, FLORIDA
By
DON;'ojA FIALA, CHAIRMAN
Approved as to form
~~;~c~
J~EAT. HARY
Agenda Item No. 16C2
June 8,2004
6 of 8
---_. ".-'0.. ~_... .....".... .......... "'.'--',,,,""--, .~.-..._-~_.,--_."
This instrument prepared by:
Robert Zachary
Assistant County Attomey
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(94t) 774,8400
Property Folio No: 65670160001
SATISFACTION OF LIEN
KNOW All MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COlUER COUNTY, FLORIDA was the owner and holder of
a certain Lien against:
Rans, William R=& Zuni Ida
717 Pine CMe In
Naples, FI 339420000
The Lien was recorded on the 14'" day of September 1995, in Official Record
Book 2099, Pages 1338 through t 574, in the Office of the Clerk of the Circuit
Court of Collier County, State of Florida. The Lien secures the principal sum of
One Hundred Four Dollars And Thirty Seven Cents ($104.37), plus accrued
interest and penalties, if any', and imposes certain obligations against real
property situated in Collier County, Florida, descrited as follows:
PALM SPGS EST U~IT 1 BlK 1 LOT 3 OR 1676 PG 428
Folio 1'\0. 65670160001
Project No. 64COO
Account No. 24329
Collier County, a political subdivision of the Slate of Florida, hereby
ac~nowJedges receipt of payment io full satisfaction of the Lien aod hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Salisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting U',rough its Chairman, directs execution and recording of this
Satisfaction of Lien, by action of the Board this_ day of ,2004,
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By -
DONNA FIALA, CHAIRMAN
Approved as to form
and 'ciency
~
Agenda Item No. 16C2
June 8, 2004
7 of 8
~~.."
'n~:s ir.$til.,~r,t pr!lpa;~ tl~':
Rcooft zac-?mry
A"~'$l~n! CoUI;,! Attt.'(r.~Y
C~!Cf; (;f the CC\irnyAttOrrmy
~:-l(~ 1 f..<l~1T.3...~'li<lml Trail
Na;:~lifi, Flcr.d:'l3411Z
(941) n<H1400
Pr~)f:rfy F,)!i<.> N~l: n3~~9G1
~(\1'iSFAC110N OF l..!F,~
KNO'i" ,<loLL MF.N BY TMf:;$f: fo'RESli.NT: Thilt t?-.tl 8OAR.O OF COUNTY
(:OM~;'lj$Sl!':->t>;!:RS Of CO::'UEil CotlNn'.I"lO~ro>\ WM th-s o-...-n~t'6tiJ h~ef cd,
ap.1rt..x::~t~et's.agc)n~t . -.. ... -. .... .....
FOgo;)!;). C Sam;j>>h:~~ ~.'lilr'.<ltVh."t M
. &t. ~,l:af':('; VIU!clll Crt,.I!'lll A.:;
MilrcO Is.: Fl ~937(>(''OO
Tht, !JIm "-..:; ,'eCOl\'f!lri I):> lh~ 14~ ~'!.af of S~p,Is;;llr,j);' 1995, i:i Olf,cli31 R,1,~r,(d
B<~,)l<. 200~. Paj,i<..l:S 'l3Ja ttlr~lgh 1574, ~lt~, Olf:c:~ -sf f.!la O~lKa! lIJ;.lCI<Cili!
G:~l;rl r>! C(Jm~r Cour,1Y, SI<!1>3 et Fl~l'id!l Tha U(.'tl !l'.li::U(~S It!,"I p'hcii-'l!llS'..ll'h of
Cr:~ Hwnc~ti Four Dollars: >.<l~ T!lf;1'>, S"'f~'lT<n C-9I';:$ (H,l4.~t11, plus ~t:t'~II)(J
i,11<tfe;eil <l!'lq' ;:lIll":<ltli(l$, if a;rr'. 13r-<i frnpc:~", ::.',!in';) el:>lillatIO:'l$ a~ii3;!'l51H,,11
pi';;;P(:f!'j $itl.ial~rJ '11 Collisr C{\UI~t'l; Fklrirh. ooSCl'\;-:ed Il$ fO~f,.;W$:
SAN MARCO VILLAS Ii {GONrJOj R,~ OJ:< 1 t.w P?" 4.15
j:',1kl N,~. (?~.3~(lOC'l
!"IQi~~1 t.:'), 64C{Xl
A.x:o.;f.--i No. ,),;:........(~
.,..Q.f..4;.
C<'lmlir CO:Jllly; Ii 1'",llt:cal S:Jbt!IVlSiC;) ,'sf the.. Stall: .o~ . flt~kt", t:'tre!ly
;lc~;m;t,<lWl;f;"~ r~~lill i:l payrn~nt il~ t:J11 S8t:S!M.::jo.:> o~ t!'le. Wl:.ll aAct h<i:f~:i.l~
.~an~Qt$ Lien...
rh~ C,,",,I< of lbt~ C,f(;(Sf! Co::;il i!I ~IGr<lt;)if!i"i'J(;'$(II~ r~C:llrd t1h~ $alisl$,!.;\jUfl cf'
U'~n in t?-.€l c4ti>;i,,; tl""'~<,1(.i~ '.11 Ccliit-t Cil'lJr.ty, ~\}fi(fa. ~',) aekr.owl'Kb.~ tr'al. ,he.
L:erf !.;fi:a...~~ to e:<:sL
IN WiTNESf:'8HF.:fl!:.:CF, t~lll a(:~~rd ("lcea;;)!>; CCr.'l:'lllt.siO:'1WI 01 Co:l"~r C....'W1Il.,
F'l<,rida; .3CU!'<9 'tlf'l1(Jgl) ,t~ CI;a;trr.a:'l, (jlmcls f}X$1;L:l.io,1 "Act ff'Mf9im,l of .!!lis
Sat,$tactlOl'l t;i Li-3n,. tl~, <!tIler, (;f U1~ eo.1rd Il"~$.............~~.ay of ....................,. 20[}~;
.\TT:;::ST, . . 8t:)AfiE> OF COiJNrf CO:;'1MlssrON~RS
UWl{;;.fl' j;: 8i<C(:K.,CLEl'!K COLU"f; COUNi'( F~.Or.1I0A .
..-.-...........,. e:jf ""...,.......... ................. -.....
. oc(-<NA F;AI.A, CHAIRMAN
,(\ppro>j~,,! (,s. ~.' !~r.T:
~J~OOLs:.~iQ'1Cy. /,""-''')
i (./": ~.;.; _ ...jt~""" ..
~..~.J.....:':!o.;...........~...;,{.....,._...........................
Fl06E~T ,V.CHARY
Agenda Item No. 16C2
June 8, 2004
8 of 8
~,,-, .~."""
...,.,~~,><
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution approving the Satisfactions of Lien for
Solid Waste residential accounts wherein the County has received payment and
said Liens are satisfied In full for the 1995 Sond Waste Collection and Disposal
Services Special Assessments. Fiscal Impact is $58.50 to record the Liens.
OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential
accounts where the County has received payment in full for the 1995 Solid Waste
Collection Services Special Assessments.
CONSIDERATIONS: Resolution No. 2000-236 adopted by the Board on August 1, 2000
provided for the recording of the list of 1995 delinquent solid waste collection and disposal
services special assessments and a mailing of a written notice of the imposition of each
residential unit lien. Resolution No. 2000-236 was recorded on August 8, 2000 in Official
Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County,
Florida, which placed a lien on certain residential properties for the 1995 Solid Waste
,......-.- Collection Services Special Assessments.
Collier County Ordinance No. 90-30, as amended, provides that Satisfactions of Lien shall
be approved by Resolution.
The attached Resolution lists the eight accounts that have been paid in full for the 1995
Solid Waste Collection Services Special Assessment Lien.
FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the
Resolution is approximately $58.50, which is to be charged to County Water/Sewer
Operating Fund (408).
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated
with these items.
RECOMMENDATION: That the Board of County Commissioners adopt the attached
Resolution approving the eight Satisfactions of Lien for the accounts listed in the
Resolution and authorizing the Chairman to sign the eight Satisfactions of Lien for the
1995 Solid Waste Collection Services Special Assessment Liens.
.-
Agenda Item No. 16C3
June 8, 2004
1 of 12
COLLIER COUNTY
,--
BOARD OF COUNTY COMMISSIONERS
Item Number 16C3
Item Summary Recomrr.endmior! 10 adopt a Rm;.:}!ution approving ine Satisfactions of Linn for
Solid \.l.J:~stB rB~>idBntja! acc:ount~;. \A:hBre~ir. the Ccunty has ret.u!ved payment and
said Uens are satisfied in full for the 1995 Solid Waste Coiiection fInd Disposal
Services Special Assessments, Fiscal impact is $58.50 to record the Uens,
Meeting Date 6iB!2004 9:00:00 AM
Prepared By
Pam Callis Revenue Supef"',(;sor Date
Public Utilities UBCS 51':1120041G:03:05 AM
Apprond By
T.-.msJl Riesen Revt,nut' Ma1'!.19l!r Datt.
Public Utilities UBCS 51241200412:30 PM
Approved By
J(>hn A. Yonkosky UUlity aHlirlg Dirl;ctm' Oate
Public Utilities UBCS 5125!20n412:0~ PM
Approved By
_. Pam Callis Revenue Superlfi':!o! Date
f'yblic UUlities uses 5125!2004 10:17 AM
Approved By
Thomas Wides Oper3ti':Jns Director Date
Publir; Utilities Publir; Utilitie':! Opfi!'alions 512512004 4:32 PM
Approved By
James W. Delony Public Utilities Administrator Date
Public Utilities Public Utilities Administration S!2G!200412:0:) PM
Approved By
Pat lehnhMd Administrative Assi!.tallt O"te
County M.1nager's Ottice attice of Man,1gement eo Budget 5!2612004 3:24 PM
Approved By
R.~n('!y Ckeenwl\!d Manhg~IYll;nt!BI;dget Analyst Ol\fe
Board of Cr.'unty Office of M2.lr:agemef'lt & Budget S!2!l120041:3T PM
C~'mmi;;si"Y1l>r;;
Approved By
Michael Smykowski Mar:agement & Budget Director Date
Ccullty Manager's Office Offke of Mallagement & Bt,clget 5!2512004 2:35 PM
Approved By
Jam!'!$ V. Mudd County M.1nager O"te
80ard I:>f County C"unty Manager's Office
Commissioners 5/31!20o,i 2:21 PM
Agpnrl::o It..m Nn 1 F;(~~
June 8, 2004
2 of 12
,..-- .._..~-- .....'".
---
RESOLUTION NO. 2004-
A RESOLUTION APPROVING SATISFACTION OF LIENS FOR
CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1995
SOLID WASTE COLLECTION AND DISPOSAL SERVICES
SPECIAL ASSESSMENTS
WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the
Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-236
authorizing the recording of notices ot liens for the delinquent solid waste collection and
disposal services special assessments for 1995; and
WHEREAS, Resolution No. 2000.236, was recorded on August 8, 2000 in Official
Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County,
Florida, which placed a lien on certain properties for the delinquent solid waste collection
and disposal services special assessments for 1995; and
WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board
to approve by Resolution and record in the Official Records a Satisfaction of Liens on all
accounts that have been paid in full.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County
Ordinance 90-30, as amended the Board recognizes full payment and receipt of the 1995
Service Year Solid Waste Collection and Disposal Special Assessments for the following
accounts numbered below, subsequent to the adoption of Resolution No. 2000.236,
whereupon a lien had been recorded on real property pertaining to the accounts identified
herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein
are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board
of County Commissioners, and the Clerk is directed to record this Resolution and these
Satisfactions of Lien individually in the official records of Collier County:
Account No. 5283
8536
12153
16971
19237
20462
25687
28118
Agenda Item No. 16C3
June 8, 2004
3 of 12
,-
This Resolution adopted this _day of . 2004, after motion,
second and majority vote.
BOARD OF COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
DWIGHT E BROCK, CLERK
BY:
DONNA FIALA, CHAIRMAN
~
~'-'"
--
Agenda Item No. 16C3
June 8, 2004
4 of 12
- -,.,.~---~-, .__._,~_u "".-
.... ......... .....-..
,.t:i~ if!~II'.Jtl~rll p!eplll13j by:
RCl::~;t Za<::~'''t'i
A$S~~tJr:~ CoonlyAlton",::l)'
C!~1iC~ o~ U:e Co~ni~( A:~~r~tly
3:?{11 EI:';;.; T amiam' Trall
N?:.;llal\.. F~~(1('&$Jl.112
{~~ 1} 77A.84n(l
r:(:p~rty F~~r;t.'t No.- ~S 'i2CC'Or..1u
~~TISfAI;inON Qf..M~!i
t<l<lOW A.... W:f:N e~' THE~f. P,,::;SENT', n>.'ll U"~ &:':'IAl'lO 0;: Ct'l':.j,.,'Ty
CO'Jl.~)S$:QNl::i,s Cf COLLIEI'! COl'N1Y. ::::.C~IDA ,'<I~I>IIsf; <'>MV2f am} hclce~ of
n (:.-:!t"r. U<ll'! <::;airs::
F~(:Ii~:cn: Oettt:i~ iJ..<~
4 lA~l C~:e.','(::sl CII' N
N3pl~5, FL 34,1044::'.:15
T~e U~<r: W~!: i'~ccrt!i<d cnm~ 8'" ();;y ,,1 AUi,l>J!;1 2CO;). in Off~7M4 Re<~"ui oooR
2iO? Pa~'-':; a 1 95 1t:,OI.,:gh ;'27.1, lntM Cf.~,(;e of I!:;.! C!;-"l\ of 1M GIl\-.tHt Cnut-.
cl C6:li~r C<."J'lly,Smle 01 F~:3ric"l.. T!'l~ L,!):, $~~l;rs!~ ll~ pri:'lClpal $~m :1f Or,<;l
h;fI(.,'lld T~vo. "cUare and E'q!'ll~ Nlr<<l r;~f!lll ($102.89), ~)r:JS <\cclUdir:t>1rest
ar.o pf'}~:'JHr$r). ,if~"t~'..J;:"tr:d,g~':~.t,'t.~~_):.~:~t&_:n ~hU9a~l(:t"'$:; r(j;'.:~$~ ~~a: yf~Jp~:'~y
$:t'.la\'_"'.l l~~ Gcfllf.~ Gm;nty, 1':"ll'i1~, <:1:?:SCllbe<l a~ f'.Jkws:
CQCONHT Gf-lO\<E l.lMT :1 BU< l} 1.(./1 13
fclk< N~. Z$6StZOX<:S
Pt~~i;lcl N.~, n5C'()i)
AC~~t:rrt No~ _:>2E3
.:c~::~( CZOf.int;J._ 3. poJ:t:c;'l.: $t;bdh:'~$I~;n or th~ S~1a~0 af fk:r:dn~ ty.1re~y
<1(j;.;r~(.fWie(:g~~ i ~~ipt 01 pa.yment :n 1Wl $;.\H$f~cti-:)n of U:~ :...~:~r= ant: h~r~t:Y
t:Z3nc~;$ U~~,.
T~~~ Cb.rk of_ tf':.0 'C:rc;'ilt C<KH'!1..~ r~{~f'*by' dir~~tecl ~:j rec:ord this- St1:~iJitv..Jr~ t)r
!jM'. :;'l (Po.:: ot!iC;l.il: Records ol t'\")~i~r C'-'tJrll~r. i"k1t'ld,'l,lo ~td.Bowt~jg~ It:..., lr.~
l~r: C~:-<J~!3:) fo ~~;:~t.
,N wrr:<:;,ss WKf:f<Eo,"', lhe o~'M:i t.'! C<"iJr.ly (>:)1r:""i$.i~)(~l'$ of Co"i'~~ (;o~r::y.
FlO{:da, e.et:ng It'mlJgh ll~ Ch~lrmBfl, ct~'e<.""s exe-c~ti~r:,;ir.Q :'t<<;,,>:,{,:!,'g d.thie .
S,;,tis1il!;tK;!!r.:r; Lier:, bt a;:f1c.-, ,~f ;n<'l 8o,"l\H'li~ .......Ja)( or ......................_ 2(0(,'.4-.
Arn:sr~ IllOAnD or CO~J1'oITy>::OMMI::.<$1(>NOlS
DW!~K.T fi, Sl'lOO<, O..ERK COl..i-,z!-l COUNTY, !"tORlel'"
-::l'~~
~....'.....o'--:.....~...._.~.~....."......_.,~ ....l"~_-.--......'.-.'.... n...... ...n,....... _... .u~.. .............._~..~~~_.
;S.pvH~ved ~ec lcc!crrn ;)!,)NN...f':AI..\, CHAj~1.t6,N
c.;.~nc . :~al $:"ln:iC~t~CY
-~-0--:;:':-;' . ... ........-.--:;
/('" C,_,. j1,;....... .
.....,..."".............1..;<<....-....
OO?.'f.BT ZiW'frP:f.Y
Agenda Item No. 16C3
June 8, 2004
5 of 12
,-
This i:'lst(U:~:'lIJ.1(i.!parl:1i by;
t:ot.'1!!l Zadm''Y
A$Si5~r.tCf.lu:W Af~QO"'Y
OHk.'$ of Itil {';tsimt)1 Ancml'Y
33'O.t E'~~!..1-T~rriiwn~T:'Wl
Na>~j>~lS, n:s(~Ji! Z41 ~:I:
i9,:tl 77-;-S4IXl
Pt(;P~~')' F~~~~ N::=:. WtZZ'~20tJC'r
SATfSI'ACTION OF LJeN
~.1'+CW All.. Pv~NaY :H~Sl:. ~'p.;;S~Nr: rh(Ill!~_' OCf,.,;~D Of' CCl..iW,'
Qc>~~r~jss.rGNER$ Co.:: COlUt::J-lC~..:NTY'~ r='LORU:~.A -W~$' U'1f$" O'tf;n~t1Jr.<t h~--:~f ot
~ r.;~t~:t;J LJt'j": -at~~~nS:t..
V:i:fr.~. ~)~,'S.<k E~ -lcd A-.
4~€O 2C'" PI SW
N<lr"~: Fl. $.,1 ~ 151' 716
T!'l:3 Ll",,~ .WM r.,mrdM .")!1 t~ 8~' ;;j;lYO~ A<ig>Jst 2000, In 0'11clill Rm~crd Flook
:m,J?, Fag~!< Slf:i:.> through 3ir~, In tht'Ol'f:C!;< .:>f Il"~ Clerl< d ;n~ eke!;,! C:~:1
,,' C~ill~r C(.",mt~l; Slate (l~ !"iollca. Th& Uer~ $OOllr~$ the ptil~~:pal S':J>n <l Of!(;<
H.~t~l;j~$dT..,.....,~oCnat~iH"r(;- E:,~.tJfy N:~":se C(1rJ~$(5~02.e~~, p:\$.~:r$X~t;Qd tr':t~f$St
;lr-,d p~:i"'k1Ih1:;. if.l'V,ar:.i jmr:<)~s <::~ct,j,rs nl:lit};llions.Clgifir:,.: i0::\1 pmj::~y
f~~uall'."f ir. C~I!:t:'1 CCl.:nty, Fi!:.~j.;j~: del:;C'lil::>~ ~s foi:o'<Ys:
~o~rseN ~ATF. VNlT4 81...;'; 1;'l(; LOT 1 O"'~::~lP~~~
_.~
ro;i'~ N:J. .j~1Z212CJX)7
P:t~j~Kt N,~. 6.50nC
A~-x.(:'\l!11 Nn. 855G
Co:lieIC"i-lPtl< a p'..im:;al.~\.fbd...ision of >n~ Sli.:lf2li f'iwl;:;a, tt~ieb'l
{:f{';~}1~~~"":9dg{:ls :~&{~;:pt cti-'":~Y~Y:~:f:H ir:r to.tH ~:Uf.)fj::('.{~()(~ ~1f t~'f$ t.:~:, and t~~~:'~b>,
c.~il,~~is UN). . .. .. . .
Th~ C;~::?kofU:u Citi:UH.CO:.Ht:$ ~f)~b'r di~~~d~:l r~o~d 1hi:~ Bc~~.t(:ct;':3?lm
Uzn ,r: th~<.lfll<;;a' R~(.:r)',~llOf CO!H>;lf eIMll)', Fklrk!~, 10 i:lC~.;l,:wia;j!;e ll:<lllhe
U,:Ul ('~~S~$ 1,-, t<l:;i.t.
:r-,i ~'.if:~'~E'.sS\VHERE:OF.. th~ Sca:-a r;1 C6Br.ty(~mrnlSsi~n; r$f C.(;f:-l~r Ct::);nt:~.
~:fcr:d~... i.i~~~:!~~ th:'t."(~gh ':ts Cha~rrf:~ft. ;.;;ifects E.(:(~~uU::n.~,~d :'t~~'t3Jd:n9 t":f !nt!>
5~'1h:.!a~~tk~r:' ~f LJ~n~ by ~~<;t:orj (;~ th~Ek}ar~J tt:i$ --...; ~ay of : 2Qt::4~
1\:76':; SOARD CI'OOlJNn' COMM:SSfCN~f<8
CWfG!-li i:. ~l')C(;K, C1.E..~K CCWE~ COl.it-,:1'Y. .Fl..Of<lCl. .
....................................................... a,,'
~ "........;.........................,........................,.,...........
iX1NNA !"IA:.A CHAIRMAN
Ap;;(....~v~c :.as '.~ti t(.:~im
(:rsf; fs~'~ :s:..tUt;,..:~~'t::~~
',..~~:?;~..,...~:::1 . .. .' ~....~"-"''''~
-...(.... ", .~.t~:t..'" ..
~ii5(?br:~.2.:rjlrA;:"i;r.............,.... ,
. ..
Agenda Item No. 16C3
June 8, 2004
6 of 12
...-- --..,~,">-_.__.<_.-..- M'_W --
Tn'~; ir.~IT:.ltr:;:<l~t pl('j.>art14 Of:
Rct>~r:' z.a~~t<uV
Assist~,,,l ("'Olsl\tyAllcm.-i}"
Offiu' :;! the (;:mmy ,\!lim~~'>,
'~OO1 Et:M Ta..--niami (r{li: .
. N?::r$J~~~ F:<xjci~' 3~t't 1?.
'f~4f} 7r4'84c.>
Pwp<;>:iy FpHe N;.,), 3'l:'l'I(jZ40>:)0~
~An~f'tl,Crt()~ OF UEN
. KNO'>,,' .Al.l M~N BY THES;:; PRESENT; Th~j.,.M l30Ar<D OF CQ;)N1'V
COMM.SS10N!:.R$OF CbU.JEF< COllN1Y. (LOB::)>\ wa!; tr'<-~0':fr.0r ~'l:..l h::.>klM ::If
a i:~r!aifi U~:)-atk1m~l:
S:;li!r" A(r.i(~w T
i 3~O .'J.-l..)}"i Si S~iJ
Nilp:0S, 1'1. ~4U7d6~$
Tiltl L WI WilS f0c:mlcc orl ;}J:;l S:" day <)! Al.;g'.lst::O('~, ll~ O-:fiCial Racerd E\o:J~~
';:707.; ~\~<]~$ 319.~ ~l":rt-'f)!Jh s.~j~~ in '~h~. Of~~~. ~f t..~ t;:e~k ~)f ;he _Chl'":{}:tCC":Wr..
o! C9:!i~r Co:)s,i,', $l!ll.~ol j::j.;)r.oa, Ti'le :..ie-Ii $f}cs.'le~ 1M r..f.:'l::;pal $:.lffi .::f Cr:e
t,W:<.lI*,:l T,,,>-o Po'f;lrs ar:1c:ig1itr Nb~ C6P1:, {$1C? i:>S). ~f;ss i3ccr:.ld !i:l~ree;l
~(~{j ~~1;::f:~n.. -;t. un)' ( ~nd i~r:~~"'$~~ c~r;.rnr. -ollHQz..t:.otts ~~ta~n~t r~al J.~ ~:~per.:'~
$sH;;:-,tQt'::f1 C~:H~t Ct*..mty.Flof~~, ('!~:.r:lt~~..:ts~i~ as 1:::.H(}~\'S~
GGLDEN Gi\1'~-~~H ~..Jf',~r:~ :i: $'1:<"'. OF7~ ~1
F:lIlONo. ;)7:;4<$2<\:)(;05
Pr:>it'~t N:;, 65!XKI
I~X"$.'I..l:~1 NCl, 1<~t6:-j
'c):tnwr C(l:~n1t)'.; _if po:1Hr;;d$: ~f::<'::':Jj?'~t:(:l cf t?U:i St~~s- fJ~F:v~~ca. Me!~by
u!;k~!t,l'(';~$~}~JQs.- ft1~?c::jp~ ot payr~:~r:~,:~ f:;H ~t:~(~":~<):"sc~ th~ U~n 3::1;J r:)3rcb~/
:...~~~.(:e:$: t:t':!1..
'rne- Cl::lrk.:>! th'3 C:r;,l'Jil C<Jt,rl isM("t-y d!f>lcled t(1 fllCOrd .Ull';l S>lli~~r.:li,w l)t
Ulln '1l11".H.'1f'C~)1 rJ:>..."Xlf\.1:>:,";ICclli€::'L',,:.iiJl~t,., f'l(i!~j<l,~:;; ltd~l;s.lwli>r.ig<1.,t'k-jl j~
LJJii~~ ~~~~c::~~ t:J 6)ck;t
U.{~~fTN~SS ~~HEREC~: ~~1t1: BO~f-:j cf ~t~t:-.(st>, Ct")rr.r."(:$$;cr.~:"~n~f Co;lizor Ct;~~ty~
H..'lr;('~, ;lctlr:gtNOl.:';lh its crl:'lfr:':'l<"\r., ,im~cts 0X0C:.lI:on ~n;j rt!I~(.>;\jil~g (;1 tl):s
Sat;s~a:;:.tiOf; I,>' t.lM: r;y ~cli<>... oi 1M Bc...n:l this _..~.... ,j~y of.......................- ~O4
"TIE:';"t: .~(")A~.r> O~C.CUNTY COM~~~:SStON E.~S
r>,t1iG~r f.\ 6R~;CK( QtJ.~.~~~: ZOttlER co-~::\rrY..'::l-OR~O!~- .
._u.._................................-..... t:.~"f:~~~.__.......~..i:.:... .~:..... .... ..~.:......:;;_...t~ .
DeNt"" f',AI.A.~,MA'''''~.....N
I\l:pr:!vt".i 1\S !oY;r,l':
.::\t":d :~1-~ !)~_;tr:(;j>>~i
H~~;~~==~~.,.~~=~~~~~?
Agenda Item No. 16C3
June 8, 2004
7 of 12
.-.
Thllllmm-..i:t:(iill P(!'i~M<Xtt:y:
R':lb~~t Zachar<;
A$$.~~nt t~c-untt AttOf(~~y
Qlfi-::a tsf l~~ ('7.>;.1111'/. A:.kil':'ll/>'
3:,01 Ell.st l.'imiliml. 1'l'llil
Nep~$, f'~~;ic~ 3411 z
(s<,u; ?7....~1(j
P,cPMy Folio NO, >187838,: (',002
SAr..gFh,eTION OF UF,N
. KNOW AU.Mn~ P.N n-lt$EPf~ESi:.NT: 'ftallf'~OO~RO (WC<M{:"{
C(H.~MIS&ONE.RS ()F COU.lF.R Cf.)!)N'ry; f1...OFlICA W,t:s iheo.~n~ri'll't<:i i1d,1I$f .(.,!
.1 CIi'I<:lt\ Ll$f!a~&~1S1; ... .
J!:'<>:l, Vllm::(1.j,,& W:~tha
2C-$1 H:;l!;;firEl-ivd
N<lp!~$, FL~l ~15€:l4~
rn~1 ,tf*~,~"<ti~, {*:l~~rdf.:fj ~t~ .thze/"'d~_~lot ~V9tt$ft:(ro~ in :onji,":taf}-l~~~drd 8o:-;;k
~.'l(l"/, ~~<l'S :?,.l ~5tr.(,11'i:m ;32:73, in t'lt' Cfi"r; tl.lr.<:> CIG:'\( ..)fl~l%' Cb;wit C.::urt
of C(:II~,.l/' Ccvnly, S';alt: ,sf FI(lljd<'t. Tile Lierl ~::uri31S 11":<:> ;:-:r:r,.~.lr.-8;'.;..sm 1)1 Two
H.t~:"'$Os~1j r-i\{~ O~{)a~s <sn~ _S~~:'r.ty.EiSh~ Ct)(S~($:2(.~->:~:r~}f'pkJ$ a,~~f~:~fi _k~t~~est
ar:i1 r-$Mjt:~:s, i: ar.)', <1m! mpos~s ('~1<1lr: <"')t;Ii!JEllk;i~ i::l~3il~Sl' ~t!<l! prC>;>NlY
.~l!tJl1loo 1:'1 Col:i.,r C'.~II\ty,r:1t{idi3, <l~t.c~ibl''-! ,1$ I<):{cl,%.
,_ HAtlf:NOALt wrw..
Fe):1<_' N'.>,c 4{lro.}840(iO~
Proj~~t No;; ~~OC.o
AccOUFllN". ~6S7~
Cr.)i!it.'tC-;.llJr.~1,::\ rJ(slm"nl s,it>(!;-nskmOT U,E:Slall' 01 flQnd<l, "t>,,,,o)'
acklStrN~..tig;j$ r<<&t;\t ~:.t r:l-~.'':}~~~t :r: fuH ~at:-~fact:.o:'l 6t :m~' L~n e:-~d h-zre-b~~
,.ca'~c..ls Lien.
'it)~.l~;<:!i-;<)! l!':e::.~ifcu.:tCwrt i~ h':lt~a~/~it".<.t..r, !.OI"eCOI<J IhlSSit;i~l~lctj(.,n <;i
L~~r:-~r:, t~i1 t1ff?cil:1trtt~~c-.t'{.k~ f$.Cr...~;~i~r CiiU:1fy..-r:O:i(!~~ t~)e.K~~.n-::~I;I..):Cj~e- U':cH f!1CS;
L:~r$ Ci:;a.:;~J~'lC, ~xj$f
IN wrrr..r:~.s Wi-iU;<l.:O~, trill Eoarj ci C<;c.:;'tly C<""llIn:ssi'.)r.O~ll "of C(s:ll~t' Co,.m;y.
F'l<;;,riljll.; at:!'!":!) ItU(~:n~ll!$. O>;il!~m,~ll:d;.rGr.I$ t<:~eeiJlI~n 1iIl'J rot:<.o(;jir.g 01 tt,iS .
$amif~::-;io,",)rl Cl U~!\. t",>, !'Idk;r; ~,! lh~ (3.wd mis_ <:la~l "~_'m......: ;:1:'-<"14,
l'TTEs't', ... .... . . aoARfJ O~'CpUNTY toMM~S-SIO!-,J,!?l3
cwiGilT r:;, (;RCr..:I<:, Clli.'~K C<X.l,ll:::UCC<JN'l'r',FlCI'\!"A.. .
'~'..h'......u........,.. .--.. EI:~<...~.,~...~. ... _ _ ,.._.-.................~"'.....,........._......~---..;...
QQrm,\ HAL->\.. OIAIFlMAN
~~ppro...ed -<:S ~c ~()rf~' .
(md ~~: ~uf!i:;:o:'\Cy
. ....~1S:~~~.~~iL~.,~~:=~..~~~
R.C$~_~r.z..~(C~{ARY
Agenda Item No. 16C3
June 8, 2004
8 of 12
-~---,- "-
.---- .-..-.,,~~ .....".-
nJ:~lt~~t(tir~~nt p~1i~~~.r~::{b"f;
A:::;b:3~ Z-ilCn.~;y
As!..~$r(uH CCiJr.t; A:J~mt1y
Cgk~l "~~-, ~h~ C::~1""1!Y, t\tlc":r:~y
33;}: Ea~! T).ir:-$~-a."ni Tnl:t
r'J.~$rnS;1S. ,_Fk:rk:.fa3;~ ~ ~2
lrl<i ; ~ 77 4....'l40'')
PrOpt"t-{ Folio No. 5S!;:;OO"'OO(;~
$A:f1sr."<QIlQhLCF l..lEN
KNOW ,"ILL M;:N~Y THF.'SEPr-(r:SO~T:.:1l<l1 !!'l(l aCM-~C OF COUNTY
r;(j~..~:~j~s~aONEJ~S-_~;}~: (:\..)~L:EH CQ~)!,-j'ry'_:, Fl.("))SH)A -~,v~s. the {':W!J~~' ~:xI h9~f!~r ot
;:l. cert.:,f'll..i~r. nS'-':(::;1:;
?nrlr.. L1r.c:l~ 5
1 :;st;"ll CV~:f($S~ 'v"{<,:y E-
N~p~~S~"i:"L~4: 1C~::-45
n:"JU~r: l'i~sx~c'rded M !h~ 8': da>,~:f A~;:jl.l~l ,;KlCO,~"l Olll~;~t R~x>~\'! a~k
"2707: Pa~:e~ 3::~5 tn:'~-:Jh 327.::\ h tf:o orn~~~ ,~f t~it:_C;s-~ot th0C~rC,tit C~),ir~
(>f C~';'j::~r_(AJ::H~t.i.. SMtH..~ cf F10(::1:1, Th~ :.k~r: ~~J;:'l::S ttt~ ptindp~j st;m Qt <''h",:~g
f-iur.d~d "Two nO:~:3J'~ ~n<j rt~h~y.NirHl C~r.ts <.$1n2A:,~J;.~_ fshjS~t:--=ru~~{5, :~:t'f~S;
ail:'; pe::~iUr:~t _~( an)',~.~1 ~~":l1O~S ~r:.a:i~~l OO:iQi~:~.:o~s.a[~;fn~t f~~l P((;t::)).~1)f
$.:l:.M.!~:iif: Ctill:~: C:::;i<':lly. f'1(l:'h~'1, ~6.Cf;l~J ~$ f::>~lows;
~"WLj;;;.EAFVfllAf: ,GeNCO) IJt,,'T (oD 0", ~ 34.-; ;>~ :4;(~
F:::;I;oN:;>, 5~~t$:j64;').)()S
Prtij~,(;t No. 6500)
A~.:~!;f;E~~ Ni...l.. t~Z37
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3ckr.o~)'1~Cg&~ l~~(:iip:. ~)1 ~}'rnE.;n~ in ft;U rx1Hst..~~tfOr. ()~ (he t.i~r: :3rtC hf~f~ty
~~.u t:.."$~;~ :....;);.3n.;
'The: Gt~t~~ 01, ~t~J C~F~;.;h C~i~rt is t'l~1r~ty din~cled 'i::s f~CCfd tM~;;- S~tis~a;.~U:~r~ 01
U&r:. ;(, Ir.'" cUk~;J;l1 R;)<.:>'..m::s o~ C::>~ier C<Xlnty, FlOllUi.:l, to a:::k~c"'\ik>.'!!:,;:. ;11<ll Uw
Unr. c~ns{!$l" $xi2t.
~.~ ~(~[:.:'~f.~~ \<jHF.~:F.~J~: .tt:~ B~an...: o~ (~0:1f!1y '~r:}(~i~;..~k~(:.~$:::-"r Cdi.iE:! ,C'~,l;nti.;
r'k~r:da. <:i:;;il~ th:::;wgh ;1:; Cl'l;W:ll<m, "hfft',~;~ ();m;;~lmn <If!ct 1ocr.n:!lr,g {.it Hl!~
Sat~~~-~ct~)r~(J~Ut:n.-_b'{ ~ct:<>_:) (':r~..,~ Rt"",,::-id tht~........ dc;:yof '.....mmn...,........' 200-4.
-,:l'H:Sl: U!JAF!O OF to;)~./TY COMMIS$.:(.,)NERS
t~~""';"~.2Ht t;~ SAOCK~ Ct.f:'flK COLUEfl COUNTY.n..Ol~ll)A
....,.-.-..-.u.................,.,...,.,.. ~,,~_....._.........w..,...._,_,..._...........
'OQNNA FlAl.A, <::'l'\l~MAN
APt:fO\iJ36 ;.as tu fOHn
Md,"9il~:;,JfW;i;-,,{'Gy
i'...~--"';~"": J''',.;--;.....---;:
./ /(:.'. .....'"~ ,~,-1/~
_,....!.....~.~,...,...,/..:,f................,.._...
ROSERT ZAC(.iAlW
Agenda Item No. 16C3
June 8, 2004
9 of 12
-~,,-
Th:~. in~1tf\J~o'11 prepa!"~il b-f:
fk-tn~rt Z..cll~:Y
l~:.~(~laa1 C,):jr:!y ..~th.~!;"~6Y
O[!!'~Q d frst' C:')j,l'lt~<Allj):r""i
331), 1:.%1 TnmJClm; fl..:l
Nf1~)I",S, F,~~.!id3. ';34112
(g,a-j) r74.~84~.JO'
P!tY;.l~r!y F.:>l=<) No fa1H.>luGo.~,j
SATI!>F ACilON OF lIE;M
. kNOW ft.!.l. ME':-.J SY fKES!: PI,U"s'l;NY: '(l,a; (ht:, aOA8l) OF COUNTY
C(it,4MIS$k")f-tE'I'<~'> Qf" O::lLl...lEH QOUNYV, I't.OI':iGA W!$.S :,,~ \'lWl-,M aM 1",elc~r.:;f
::l c~tuii: 'L:~?~l ~f}~k~~t~
OOu';jj~;;. ,",1:J;B~es B~& S~)ith~-l r:~
5tll3:3 Bbl> Sprl.iCl;' Pl.
:~;'~<<f'!)bus~ Ot: ;4322~ f ~S'l4
TIl;.l lien wa~ 1':l\,'\OI>;JSr) 0>1 n'.', fr deW ~-I. AUf,;~m 2(;0(;"3.. in Clf[dal P&:'::o-r-:.1 Ol....)jc,
2701.. :~':':J~~ ;31 f:S thre:UgM :~:tl~t ~~ th~3 (JffCi3- of U:Q C~~i~. (,.'ft!~E J;~~r.:u-!t .CO'.J~'~.
\~I CO!II,',{ CO<;:'1h', St::t!t: ,:;:! f'lolid<\, The< Li~'l !!o!l1,:ur6' 11,.., ~:f.rJ(;:p.<11 f:R1rI1 of Clt~e-
l-lu:'1d:1ld Two Dt.I1b.I:; alld 1:;9\)t:1 !-JIm C*nIS ($, l);,~.e9)~ pl~l$. &~~n:,,;:j 1r.tE>lr~l
~nd p'::m<lll~~. If any.as:d'."W,(,,;fj:' (-",na,r,. ~tlig(1!!C'-'~, ~galr.st w<3ll:rop~rty
~:t:$8l$-\.i .~:"': C~m0~ G~t:r~:y; F':o~~d<l; ',ie$Cnt<0d ~!::~ ~'tl~t:(.."""~~
W,,-:-:CO BQN liN!', i3EI.K,I~g LOT i
i-o:ioN::.. ~8116160o-J:;:
Pr{...~ti1...:tNt.'. e~.(I(}c.~
AO~<Xml Nt;. ~0452.
Co;:,~:' Cow:!y. :"$ Politicn.f ~ub<j:vi~;((n of. th~ S-tat~1 ~Jf F'btti3;..t., b~rr.i~lY
;IC~:I:O~,>;fll':lg~1l !~'~lll~t of paynl~l~" In full $..~lis(.w,0n Oi ih... Ll$n M~ l-,$(~C:;
c.ant;~~~ li~~,.
Th~ Clar;.; :,,;1 t.~ Cir::uil C~w'l i"r.~(l;t,y d:tecl<<lli:l tlic;xd thl:s. Salisfac:liofi of
U"rl i!'lI1':~ olf:c:al Fl\X:owd Cd'it;r Co:.JUl:t-r no(~h, to a<:lm<.y,vlt<t..l<J'l thai uw.
UlZrl c~a~(ie; ,0 e)(l~l, .
IN ;8nN~$S ~.l!'lfiRfi'.:W, t!'lfJ eool1j:;:1 COl;O(Y CommisskJr.$.S ct Co,liar CC".smy,
Fiorida., a~':tl:~!~ l~,((l"\:lr, i?r. C!'\..'lirma."" ct:rBcl,; BY-GC<.:t:Ol1 "n-:f r~~;jir:9 ortl';i~ .
$il.,M,Y.tkxl Of U~r:. by :3cli...~r.. Q! ll,!:< !3:~~mj this ,...... .j:J')'9f ......~:.....@....., ~004,
Arr::~;l'. 80.4!'IPljF;::O(iNTYI::OtAMlSSi()l'lfBS
['WIGHT E:. OFt()CK <::U::RK C()LUE:fl COI}NTY. FLC>flI0A
..................................................... B).,:,...............................................~...n...........".....
(Y.:)W-lA fW...".GB^~P,Mf<}-l
AP1)ft"rv"(~~1 }~.$ 't:.), It'':~?m
~nd K>;jU! ~um~':-l:':ll.~-;
...:~~X2===~;.2:::.---=-~'
RCSERLlA~-i-iARY
,,_.
Agenda Item No. 16C3
June 8, 2004
10 of 12
.-." .._~~ -~
..-.,
'lh:s :nsh~~rn"r.~_p~*p;#~cl ~>/:
ROOM ;::",::M<li)'
ASSI$lMt Col.iO;i Allo,r.$,'
CC!~~ce of th~ Ccunr~ AttO!fS'.$Y
:?<SO tE"'*t T I>.:~~;*'l)t Tr:i\:l
N<'!fl:"'~>;' 1-' I)')rict<: ~-l4 '. l~'
~~.n} ('?4,$4-0t)
?:Oplo'fly ru:iu NQ, i:>:;.f.i70HSClXli
~'TlSFACTlCNOF .1lEN
KNOW ALl:.. M'..:.N llYTHES~P~l!:.Sf.:.Nr: n"ll iil'~ U'':;AI'Il.H.>;: CO;,;Nn'
C,":l~/i~~-iSS16~.(_:ri1S O::-COl.Ut:O C()UNT""'. .r-l.(:~:C~;Av-..~S 'tr~ '~'/Y:'~~r al'~.! bo:dt'f \.~t
J~ C~f!~3~!1lj0J~' ag:~:rf'~t:
RROS, 'f/ilUam R<<& Z;)r.,~,'j3
717 plna O))1~ l..n
N<.:p!:t)~,. F~.. S.~.1045.:~9e.
Th~ L:e:t ~':3~ f~~:..'S.:~rdt~l ~:)t': th~Gt:l :J2Y of A~gust 2Q<)'~< in Otf:ci:1J ~~c.jrd ~ool<
Z;707. p{~;~1;i$"~:<1$5 .~t;1,Ol.t~Jh ::.;,z:73~ h.:t~s~, Qtf;(;f.t t;f. ~he C~e(~~ ~)f-ihe_ Ci~l.;;L::t.C.:x::'t
cf Co~,.,r CO'j:'lly, St.al" (s~ P:Oli<1".Tha h::1 f>M;;;r~$ lh<s> PI'IV;;lp,,1 ~,l'l) of Or;\.>
l-il,IGd,>>Q Tw~ D~"1l~1i"frH: f.:ghly r,lna Cenls ($io.~,e5>l, p,UG acc!1;~ il1te!~S;
nr:d ~~-:1:311~$( ~f ~"Tf: 'ar:d lmpO$00$ c~:1t~r:.. ,cbJf~;1tjo.~S (\g(1tr:~~t~~<\! ;,."tt"!'>f.=f7:tv
$'t:.l<::lt;'',j l:'l C~lfiti~ C'~l;n:y, n(;d:.J~ <le~(;llli,->;j ~$ lol!ow~:
;>,\I..M s;>GSf::s'r IJN1T t B...K ; ~or 3 QR ;67~PG <\;(~
Fol;O No. 65e;:(~~ 6vr}01
Pr:>jtl::IN~. %C~')()
1>.(:!:600\ NoJ. 2~;6S7
Cd~:,~! C(;~.::)ty, ?,. r(:~~Ht"~: $-.:srJff.~\!:~k:\) (sf "ti~.~ Sta\.~ of f'k(~~j~~ h~r~b'l
<1::;~iY.:>ll:f:{~jgr;-$:{:~".~';':'if!t r,f P::'y:~~~{.:"'d .kJ h;-H _si~H$~af;Uf;r'.-\.J{ U-:,e li~'B~l~d ~:t)-:~by
c3.:)~~ls litlr:.
Tt:(> CJ",;k,~h~'17 Ckt;u'IC:;;,;'t j~ hw;.b',.: ,jh.'CI~ I>::, r",coa:llr.I;;Sa!tt,1<1(':!h~"1.?f
Uf;>:1 ;ll!h:i r.>;:!:<::iilJ Rr<c:;rds 01 Ccll:~" O~l:(IIY. Rf.:d~tll: to iiiI.~fKl~~!1;J:Jll ~~lal mil
L~'1 'C~a$€'s tOo~A~$t
n~~ _v'.n rt.fE.;SS ~l;f~E,;HEar. trle S~~rd c.t G~oo1y_ Ct1:r.m:$$1~r:~:~ f":t ::"~I.)mar CC~(HY-;
Fk}r:~<t~ at;1i~j9. thro~~h its Ch:3iHnaf~:. d~rucf'S 0)(ecUt:<~tl i:1nd (t:t-:~<lt;Hr.O of .m:~
Sii;.:;;!~':.:;'<>'l (,f U~r:.~ll' ':\l;lk~r:. o~ ll:~ O(:~lj th;~ ......, d~y of. ......................, 2.~14.
."\.,,.ff.;S"f: BOMICQi'" COUNTY COMMIS$!OM::$tS
...W;Gl'E't :,:, eAOCK, ClEf'lK CO~l,F.R CO';.ltJTY, l'I.OQll)!'\
.... e..y:........................................._......:.........:;,.:......,.....-"..,,,..~
OOW,,!. FIAlA CHA'R1.U~N
.4\.:.1p:.c....>>d. i:1~, Us f{;(~l":
a~(t :"~lill m;ll19illr.C'1
..t.i<:~~i:;~1,.~~~~~.~::?..
1"..>:>:::;-,: l",.. i>",(
Agenda Item No. 16C3
June 8, 2004
11 of 12
.-
This instrument prepared by;
Robert Zachary
Assistant County Attorney
Office of the County Attomey
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774.8400
Property Folio No, 72382360001
SATISFACT10N OF UEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of
a certain Lien against:
Foggin, C Samuel=& Marianna M
64 Marco Villas Dr Unit R-3
Marco Island, FI341454692
The Lien was recorded on the 8th day of August 2000, in Official Record Book
2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court
of Collier County, State of Florida. The Lien secures the principal sum of One
Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest
and penalties. if any, and imposes certain obligations against real property
situated in Collier County, Florida, described as follows:
SAN MARCO VILLAS II (CONDO) R-3 OR 1140 PG 415
Folio No. 72382360001
Projecl No, 65000
Account No. 28118
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien,
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida. to acknowledge that the
Lien ceases to ex:sl.
IN WITNESS WHEREOF, the Board of County Commissioners of Callier County.
Florida, acting through its Chairman, directs execution and recording of this
Satisfaction of Lien, by action of the Board this _ day of .2004.
ATTEST: BOARD OF COUNTY COMMISSIONERS
nWIr.;~T 1= I'lRnr.k" r.II=RK rnl I II:R rnt I~ITV 1:1 nClnA
-
Agenda Item No. 16C3
June 8, 2004
12 of 12
--- ,-~.- '^--- ~,,~- "....-.,.---,
"....-.."
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution approving the Satisfactions of Lien for
Solid Waste resldentfat accounts wherein the County has received payment and
said Liens are satisfied in full for the 1996 Solid Waste Collection and Disposal
Services Special Assessments. Fiscal impact is $58.50 to record the Liens.
OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential
accounts where the County has received payment in full for the 1996 Solid Waste
Collection Services Special Assessments.
CONSIDERATIONS: Resolution No. 2000-237 adopted by the Board on August 8, 2000
provided for the recording of the list of 1996 delinquent solid waste collection and disposal
services special assessments and a mailing of a written notice of the imposition of each
residential unit lien. Resolution No. 2000-237 was recorded on August 8, 2000 in Official
Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County,
Florida, which placed a lien on certain residential properties for the 1996 Solid Waste
.-. Collection Services Special Assessments.
Collier County Ordinance No. 90-30, as amended, provides that Satisfactions of Lien shall
be approved by Resolution.
The attached Resolution lists the eight accounts that have been paid in full for the 1996
Solid Waste Collection Services Special Assessment Lien.
FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the
Resolution is approximately $58.50, which is to be charged to County Water/Sewer
Operating Fund (408).
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated
with these items.
RECOMMENDATION: That the Board of County Commissioners adopt the attached
Resolution approving the eight Satisfactions of Lien for the accounts listed in the
Resolution and authorizing the Chairman to sign the eight Satisfactions of Lien for the
1996 Solid Waste Collection Services Special Assessment Lien.
-
Agel'lda.I~Etm No;J .6C4,;,"'..:<",,;
:::.~~~+'""'~."" ":'.:'-..~"c'~;~'=~~..'~.:~tS;~~:~~~~;,....'."...~.~
.__.,_.. _. _.).'. ..,..,-. '.."'..."-"....0....-... ....,-'"'"'.,...__....-...,,'-... .-...."........-,...,'' .-..-...
- _...._~ ",".,-". -__,..""..__".-......"._.._"_n~'~"~._ ~..,.,._.,._-,.....__..",. ....
~,,--~ ~..--------
COLLIER COUNTY
,- BOARD OF COUNTY COMMISSIONERS
Item Number 15C4
Item Summary RecomrnE:ndH!ion to adopt a RE;solutic:n approving thE; Satisfactions of Liun fc:r
S~.,!:d \/VastE! rB!iidBr.t:ai acc:ount$ wnHrnir. the Coun1y has recB!ved paymEH~t and
said Liens are satisfied in full for the 19~16 Solid Waste Coiiection r,nd Disposai
Services Special p.,ssessments, Fiscal impact is $53.50 to record the Liens.
Meeting Date 6!8!2004 9:00:00 AM
Prepared By
Pam Callis Revenue Supefvisor Date
Public Utilities UBCS 5/11/200410:03:05 AM
Approved By
Jol1n A. Y('Jr.k....,sky Utility Billing Director Oat.-:
Public Utilities UBCS 5!21/20U4 4:U6 PM
Appro,'ed By
PIlOn C<,:llis R..WMlue Stjp~r\flS()f Date
Public Utilities uses 5!25!2UU4 '10:18 AM
Apprond By
.- Tefesa Rio:sen Revenue Manager Date
Public UtHiti\:lS uses 5125!2iHH 2:22 PM
Approved By
Thomas Wide!; Operations Director Dute
Public U;i!;tir:s Public U;ilitir:s Opfirations 5125/2004 4:32 PM
Approved By
Jami!S W, DeLony Public Utilities Administrator Dute
Public: Utilities Public: Utilities Administration ~/26!20(J412:01 PM
Approved By
Pat Lr,hnhMd Administrative Assistant Date
Ccur;ty M:1nager's Ottice Office of Man:1g~ment eo Budget 5!2i\i2004 3:2f.i PM
Approved By
RM"~Y (Or'eenwClld Man.~gernf,;nt!81;dg\:lt Analyst n<':t\il
Board of County Office of Management & Budget ~!2ll/2004 2:42 PM
Comrni,-,siorlf>F''-'
A pproved By
Michael Smykowski Managemen~ & Budget Director Dute
County Manager's Office Offlce of M3nagement 8. Bt:dget 5/28/2004 3:16 PM
Approved By
Jan1(!$ V. Mudd County M,1nager Date
Beard of County' County Manager's Office 5)31!2004 2:31 PM
Commisr.ioners Ag...nrt~ It...m Nn 1 ~r.4
June 8, 2004
2 of 12
~_. ..."~-.~ ....-....."."- .."..." -.. -.-
RESOLUTION NO. 2004-
A RESOLUTION APPROVING SATISFACTION OF LIENS FOR
CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1996
SOLID WASTE COLLECTION AND DISPOSAL SERVICES
SPECIAL ASSESSMENTS
WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the
Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000.237
authorizing the recording of notices of liens for the delinquent solid waste collection and
disposal services special assessments for 1996; and
WHEREAS, Resolution No. 2000-237, was recorded on August 8, 2000 in Official
Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County,
Florida, which placed a lien on certain properties for the delinquent solid waste collection
and disposal services special assessments for 1996; and
WHEREAS, Collier County Ordinance No. 90.30, as amended, requires the Board
to approve by Resolution and record in Official Records a Satisfaction of Liens on all
accounts that have been paid in full.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County
Ordinance No. 90-30, as amended the Board recognizes full payment and receipt of the
1996 Service Year Solid Waste Collection and Disposal Special Assessments for the
following account numbered below, subsequent to the adoption of Resolution No. 2000-
237, whereupon a lien had been recorded on real property pertaining to the accounts
identified herein. The Satisfactions of Lien attached hereto referencing the accounts
identified herein are hereby approved and the Chairman is hereby authorized to sign on
behalf of the Board of County Commissioners, and the Clerk is directed to record this
Resolution and these Satisfactions of Lien individually in the official records of Collier
County:
Account No. 5571
9250
13385
14164
18911
21131
22457
30818
Agenda Item No. 16C4
June 8, 2004
3 of 12
.'-,
This Resolution adopted after this _day of , 2004 after motion, second
and majorily vole.
BOARD OF COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
DWIGHT E, BROCK, CLERK
BY:
DONNA FIALA. CHAIRMAN
..
,-
Agenda Item No. 16C4
June 8, 2004
4 of 12
.--." ......', ~'"-
- .- '."",,""-...---
This Instn:m'~nt flt~pa:t:d by:
R<:>tiEitt Z!!d'<.>!'1
Af>~:~t~r;t Coc;:,~y .A.U,O~)~&>,
O!I~:;ilO!t~" CC:<,l!'lly A'.i::.r~':J
3~(rl f2",~t T ~:ni<ur.1 'lral:
~"i!plm;. i~lodiiil.~ 112
(9<\11714-0400
?n::cp'3ti';' Fc;:c< No. ZGJS12000CS
~ll$.l:gI!9.~.P.f..~!!;N
KNeW All. !{;zl'< BY THEse PRP.Sf.NT'. TIm!. ;ha 6(i!,fIC()f' COONl"f
,.:;OMMisStCf.,;;:HS OFCCti..lf2R COLlNTY. FLORiDAwm. fr~ (:>;"m~rMid l':\'~,"!$r 01
it ~n.ain U~n ~Gail$;:
F€:d!(>>l. Dabble Lee
'i:l4'i1 GOv"Qrt\,t Ck N
N)~p:~s;_ 'f~ :~ -1 04AS4fi
T"Mi L1'm ~,;a$l~::;o"jlld o:"llhJS {j 'fr, t.la'f ~11<.U9\Jsl :WUO, l!'l Offici,,; R~~..~t~<!C Sc;<'A<
n(l8,p;;.0<'~ 01;ifi ;hm';(Jh 0$09, in tiXl Clf1k~~ of th.> Clliri.: ct. the C;:'t.(.iilCa(i:!:
o{ Cc~t~o:" (~ot:rny. SU'~~~ ot F':tY1?i:1,'l.. ':rh(s t.J~n ~~Q:~:Jr~$- ~~~~ jJrir:t;pa: sU"m i",l.! :On~
Hw,"trd fou~ DoHa"..> ilr.o ll);!i~~ C~rtts; ($.t C'4, t~) pll~" ~'C<"e<i blt>'esfand
rJli'1<\i,I<:>1:>, :: ~'~y. a~!,j 11;lj.)~llS cerIa!!: i.JLJ1,nali!:)r.s ~al""!it n33l Pf(J<1f3l'tV $:1.\.1::\100
h ColliM C;~1l11'i, ~k~"<:l<1., d$wrib....:l all !Oibw~; . '
COCONUT GROVE UNIT z aul:. C,t.C)T '3
Fo;;o No. 2(,~6~2C~!i
Pt\':"s~;'-.r;! t...;fJ~ OOCOO
A;").-;o;sr:t ~~o 5::,::1
CO~It.'rC:4~~r.~{ a r..-"m::al $.~,M:yis.:I)~' ..~f !llf,: S!s@ d Florid", r.~"'by
a~knti-t..4Vleciu:~s rec.~fpt (\f payrr-<0t:t:r:~~n $a!:~fect:o~'l ~<f the Lien ~Hlj f'~~~~y
c~'~celillien,
!~'1 ~1:(:":.~.?! ~~f:" G~r(:l.s:t C:ourt ;~ !.~reby dif~.~t!2~to. H~'~1rd It":~& S:1t::sf?-~t~<:m -?!
~~~r.:r\ t'1f; "r.:tfk-:::(S; AI:~l.".~~~$- ()t C<?;h~j{ Cf)U~it'l, ~:{)f.:t1:.:t to a:k:1~~v:oog~: 1~.3.t .bt~
Lien l:s-a~~s 10 ex'sl.
IN \"'JrfN:lS$ ~"..tn;;.r-H.:.O:\ _ f,1i.t a~af:j9f C~nty ,\,ofl~t(f~~~,:~r;~!~ (..l~ C~{~i~( ~\u.r~t'I:
Flnrlda, <':i":!,i:{) tt;,..~i;Jt< il!? C!laiml:m, dirt:.;.:t<.t r.m;~::;Jlj!:)r. 8,:1;1 m<x~:~h~g of ;1-,;';
S<!li:;f:lcl~:m 0: Uf:n. ny l3,Ciilm Ql tlw E!Ot..!O ,!lis...... day of......,.............". 20-:>1.
>'ITr::~n: SO,,\f<O Dr- CQ:')!'JTYCC,1/:MIS$IONEflS
t1Wl:.:W" !:. OI~O:;K ~RK COl.U!:A CO(iNTY, n (..ll'llo,\ .
~.:.
...........................---......-..................................,....'......'. ...l........................u...u..._...............__......_.-...;...........
DONNA r:-:.i\l.A,--C~1A:h~~j~N
ApP:-O<i"d ns to. ~Qfm
<\,~..i iegal ~..!md~r:~
.......~~.
.........-~" - ...,,:' ....-:......,
';<.. <. ~.4'/ /
.).""........,...............
RO~F<T.z:),cflN~Y
.......
----~~- "--_._,-
Agenda Item No. '16C4.
June8.2004" ."'~",
5 of 12
".....'"
1't';$jn'SIT'..i11;or:lp~ri;lilr~:! t<f..
R;.~l..'t"jft .Z})~?"~~~~
1~~s~M<u"l: (,~1:~r:tyAnC{neJ'
Cifkt: '.)1 lro eNi!'!)' Att,~,r~>,
~Xl Easl .am'3l1li nail
N&yl~$, Flvnda :N1;2
(N:) 774.>3400
Propt;M1Fo~o No. 331;(~1~OOD7
SATISFACTlO~l Of' L1~N.
K!-JOW AU, M~:t{F.lY'Il'l!::$t PRt:SENT::MI:ne&:)Al"ID()!:\::O(.I!'HY
CO:-~u~tSS~ON==R~~ .OF GC~.lJF.,F( .(;~:JiJt~T"Y~. FLOfUD.I\ 'was 1r~ ~"V:"lQ~ ;;M h():d$:, (~~
{J. c~rt~~::") ~f~t: a~~h~$t: ' . "
W~€;.M.1l'i<E~.!/c lCf.A
4geG20~:Pi $'N
Naples,F! 34116571~
Tt~ 1.~'1""!\S f(;,;,;,,;jed or:.lnll- 8':'>: d!lY oiA1I9~l$t 2000, in bff~(:-l<ll f>~~otd 8t'Oi<
2i'O<;, Pa!J('-" OHttl tba;l.iii~ Q30S., in In~.f#~~f tt'19 CleikP11f.0 Cii'c.:.iit ~:(lm"!
of Cr.;!li(-r CoOJr.ly, S1ill~~1 Fbfl!.l..~.. Tnt: U;m !SilCl;[r,lj It-.e PI~l;:ip!S1 SiJm 01 Oi:l(f
HI.I:~CW'J FOul UOil,Wl ;lr:<l Tl1j!l~!~ Co,mt'S {$1a<l_ l~l p~j!> .ilr.~r',~,1 h~t~fi.>.;;t 3r.C
p~;)aW...,~; ill'<ny: aNj hlpO~S :::;-~.lir; :,)l;ilgaliom~93ir:$~ :<:<,1 properly sitaa;iJij
:n (;6t:J~rCAt_ii~t:f. Flo;i:J;s :d~scr~bt:".t1 ;l$.fi)~~~J$;.
- eOl-weN GAlE UNfr4 BLK 13~. LOT 1 OR .151.)'1 PC, 952
Fo::o No. 00122120007
F'IO~ect No. 50000
ACC(>;HlI No. ~~50
~Qit:~r..~~'on1Y; & PC:!lt~~i:,}ubciV~t~n, 'ct u~ S;at~ of- Rfj~i,da:_ .ht:f~1b'i
<l:;;':flo~~~e<lgE:~ tece-'pt ~r 1'J.i1>,~;<;ill hi full s;llisl;lclion QI.lt!Q Util11ll1(l rWi3by
Ga~~~Js Lien-..
Thi: Cl~lk ('.J j,~~ C!!'~~lil C"urttS hi<mbf <l11\l~~led lq.r~Cfri mi$S'<>.\U~!~clion of
lWH in lr.~ olficial R~~l'd$ 01 Com~ Co,I!',~. 1'101;'.1:3,. ~o a(:kr:(,N.;I~J('l lh;-\llh$
U*n ce-a~~~ ~o- ~:xi::t .
. iN WitNc$S.VHERE:Oi',.Iht) 6<';aAfotCour,iyCQr:-.rfl~ivnt'r!\ -:of CCli~,:t ('<~mn:.~;_
;:lori(~'l, "'''';::<)9 Ihwt.l'Jh its CMim1<'1'. liflJS..1l:> ,.m3CUlicr:ar:''lI$<Xlr(!:ng d I.l)ijO
,S~lista~li:lr: rl. US';A. by e.ctiOl1 oj 1M E,-I<'lrd thil;~..,.. day 11f..........._.._,ZOO4.
.$:m"s1',: aOAflo 0': (':;O!}I<l1Y COMMISt'ioicmr.ns
nw~m ::..GRO';;,'<, CU~fll( COWER COtJN:rY.I'\,O~IOA .
...................-...........~...~.................'.'...'...'...'.............. IJ)':.:.ww.w.......'.'....'.....:..,..........@......'........'.._...
PONNA FI.t,Lr.,_ f,;l4AiRMAN
Al>:;r~vi3C ~s l~ t(J(')l
and It'gai $\:itl~;t'l~c)'
~~-~::;:~:.;~ .- - . _..~.;.~-~----:.>
<;....-' '. . ./.
;:;,{?~f'J.r ~(1iri1y...............-
r._ t.t _,.......;, ,0
-
Agenda Item No. 16C4,,,,,.
. June 8, 2004'
C,,"',.'c .c'.,~, 6col12 ,.
. -~- ~,- .. .._,-~ . .. '.-_.
Tt'l:~ IMlr:irn~.~t pf"",J:~r~<d hi":
;:k!:"3rt Z(,:~tH>Y
j",sislar;i C')'.Jr.ty A:icmQY
()ml~ <~j 1h~ CO:.JEti !\tl~rne~
~130: f.~~$J Tar:":.:e~:"E; T~~:l
N.:l~j~~. .rlt:f~1a.3,,11 iZ
i~'4 n 'r14,~4():(')
P'vr,*:ty rolio No. S7'J4~240~}C5
$1'..tSf-f.c'{jQ!:t Qf..!.:!!;!:~
KNOW .~LL M~NaY 'THESe: PRF.SF.NT:,1~<tttM 130M'lO OF CCXJ!'-nY
COMMiS$fO~'if;l-:m 0,. COWER <;;OU~H'Y, FLC",",I()A W<l$ tr~ !'!Wil$1 and h,-,!,j':3r of
a. ceHii;,i t im~ <l:J{:ir,;;r:
S,"~lh., }\i':jrew T
13~ :<~~ -S~ rAV
Napl,,!;. . f'j ~!.4 11742/.&
Tho Ut;r:.,"',,~ 1e<:of\~,'d OJ' lhe o!"c~"io! A~:i;l:.l$t ~tX)Q< in O~;ciw R~~:I:.l8o:)~.
270~, P<l!,."Jll G1S9Ihrwgho.'-lf.&.', <:'lIne Of!iC<o! d ,h~ C!~rl<: o~ It'lB Cl.-wil C<>wl
0: C<:>:.liM Ci.llJr.t'f: Sl3te of n~r:da, Tll<\> l.~r:~eC\:($'; ,h2lXim:l~a! &lim 01 Ona
Hur:droo F(M [);~ll^,,~ at'>d Tr.irtol!r: Cl;/;!i; ($HM.1:l} plus ;S~l"...Itldir.mr-i>$I~I":d
~:-:-a!H..&., it" <':lY, i<H~1 i;np(;w~ ~H~L., Ob,igat~:'lS i':g;:.h,l {<;lal prOl."J~'1 :sill,;atM
Kl Cot:~e-~Cot.in~y. ~:o:id;:. rl~:;C{:t~~ a$f~l:o'lt~;
GmDEN 0.ATE ESTUNlT ,5 t~1!20F TR91
F1,;!ioNo. .S i~~G?~o.~~)~
Pf"j1l~ N(s. OOCOO
AO:~lJnt No. ::3::65
C<):I'$..'f C,-\u";ty: a ;:."m:::a! s~,t,d;'yillk>,l ~~f t~wSbl~;;::1 FIo,.".,,:, l;...,~o>,
(sr,hr>v'{d:;.1~)~:?~ ~~C~f?l ~.r ~)l.)'m~r::t. ';r~' 'tun ~at:sfi:':ct:o:'l ~r ~rjG L~n ~r~:1 t~~~.~?:i~l
cal:wls. L'fd',.
T~~..~ C:~~)rn of l~€: C~f~:U:t C~"~~r..'is ~:~:_~b~ ciif~~~~ to ~..:).~..;td, ~h~~'S~ti'~t'a~~;J?l of
~:~~":_ h~ U'1~f Qf~~~:w R~_~{:~tC$ of ,Cc>;J:~{ COO:'dV; F:onda. to &c:cn6w:~:i~~ ,t~-:a; the
lit"H'l (:f:i3.S~$. ~\.} ~:Jti~1, . . "
IN ~.../trt-(::~($ \''ll'~f:HE~::f:: th~ p:oaf~ cf' CCt;;'lty _C(~:l'm:-:S$~::me<s ~r Cn:l~t Cc"U(a~i.
Fk'r:i.ja~ ~:::tir:g ~rt~O,:~$h it*. !:~t:'~rn~u,: .ct(aCl$~~<~t~d:(~!l :Ji,VJ. wt:.croir.got this
S;~;i:;.fQ.(:~~..~ilvi Lie:::) hy :1cUcr;o:!:lhe 9".~_(d u~;s ..,.,...... ca~l ~t= .,....,....,....~_______. 2C{)A..
APE'S;, SOAnD OF COUNTY <;OMM;.SS!0M~BS
C.NIG>iT "'.- sp.C(~!( C:f..f.l;~:< CeUJER GO(;l'rrV,'~lOBIOA
.............-...'...'.. . . . . .. .......... . ...... ........................--..... 13y: .......,.......,,.....,.___''---.............................-
Ct.":IW<I/, rl'\LlI, CHMAMAN
APPI,\)l(~d ;.t:! ;~.Io:m
13nd :Q\j<:i $\I,!1:c,e!lcy
...- -' .....'W'~~ . ~""'-'-~~7-(
~ tr;:-;' ,....'.,... ,y....f .;..,..."" .
P~otE.R:r~ri:~HY~~~~~-.~.
Agenda Item No. 16C4
June 8,2004
7 "g!J2. =c-~~~~
._-'-
rhl& '~;':1im~i11 prt!pat~>d by:
RO~11~rf Z,1lm,,:ry
.<\ssl;I.&:)1 C~lirrlY All):';!r.~t
Oflic0 of 1.11<3 CQl::)iy Art:orr"'j
:XIOl E;l"tT<<!llblr~ rwi~ .
Na",..~. Ro!i:;!a 34 f t2
(f,41) 774-f.\.iOO
P:cp~tty': 3792: 72.0r.~')5,
.. . . ...
~mf.M;JJ9t~ OF liEN
Kt~OY:; AU..MEN ey THESE f'f~E:$l:N'!: n;alll~~EOARQ OF'CCl.lNW
C(!Mf..~t~$;QNU'lS elf' ~(')ll..lER c.CtiNn'. n.Ol"uCA ','#;:$ ~lie owr:~r lInc h~lctM.<)I
{J. ~~rt~lr:. t.;:sn:aQah~$t:
R>.n;~~rs<>n). .J~m~$ L~3 f:l~t..rl~"J
4etS1 j5::': Ave-SVt/
N-s.pl*$., F13'* t 1 est 41
'~ll; lii1i~ ~V~ll r~{;:mie<l or, tile en. !'hy of A:S;$';~( 2000, in Official Recor,i f:l::~~.~
2708. PaQi<:;019:;lthrC-l;9>t roes. isl the Offlce orlt~ t:..r~; 0: ih.. CilCdCcl.Ift
:;,f c"mer Ct:<iJ!'lI;.<, St.,llS ol FI(lrida -nl~ lif.iil !S'J~lJl"'~& tt-,;3 P(:~jl)al $:J1l": ';JI O(;(.~
H~'!ll::r~'(j FO:.lrDo:lllf!> mx! Trlirt~'l C<.mt$ {S1<).t 13) p1w$<l-xn.:*ct h','I"j(ji'$.;.m~d
;;l,;f~iil",~~.i! l:l.o)", arid ;fl1yOS~S OO:-ti<lf"> cbll-;}atloM. a\(e.ll~$t rlii;~ propi<fty ~!l:J;)t~ct
:.n' GoHi~( (;,:~\.~t":-~/~ F{o:~:j~~- <Je~c:~~hod ;)$ fo:tQv,,:,,):
- GOU>l:N GAlE' EST UNiT 25 E 75FT OI<"1'R Hi OR1SC3 PG
(1\64
Fi:iil.' ~~(;" 379::~..72ttt)($S
.p~(,,'l~:t Nr..l. 6S0CO
. A9CO.1l1t N:->.. j.-ll;3;t
.Golli:,r GO.lt:ty. a politr..:al sut)divisio:) 0.1' mil St.:;I!! (It Florid$.. fllY-t:lry'
;.~".n<:wf,:<-'j9~s ::t':c::i;~.sl ct ;:;aY>1l::wl il' f'J~ :!a:i:;iat:tit:..j ct mEl L:t'trJ al~j hertibj.'
c<\:'lct'l;, 1I!1f!.
Tf".0(;;Il(\(,'l( tM Ci!r;uit Cr;-u!nS ~e-111tri tiirllCt.oo 1<) rr;<:':t_I~1j t~lit S;3jiSf>lcl,Ct) ,~f
Uen l1'l Ul-3 offlci,'l.I Reo;;rd$ ~f Cdri~r County, l'l,~'r~'j;j., 1~ <:<:;knowlOO',Jt' ;llilt thl'l
U<.:H l."3,tSes t() €1:<lst .. ..
lfJ Wn.u:;ss WHEREOf'. mil e""~l~j pi COUll!}' C<>rnmls.sl<lMf:1 01 Cf.l!lleol CW;lly,
FlQ:l<t<l, SCIlrlQ ;ilrou~jhllS Clm;!m&:'l. (iitSCt8 $XliCW1!;'fliSn<l fBccrdinll (I! Ibis
~=>;ili~factJQ;'l ,~t t;~n. ~,~.. ~i~i~:)r~ o~ Iht1 ..3~~f~1 tf~:j.:~ ~~yof'....~-.......................; 2C-Q4,
AT:Hi1": 5O~~.6 (H' COUNTY COMkt:SSIO~;iHS
GWll);.lT (:. :)f;OCK Cl.~F.K COWt.;~ CCUN"!''f. ;'10flU),4
.................................""""........................................-.......... Oy:.<..,_......_~..,.._.......;..,.....--.<_...._......
App:'o'Y~-d a.s.t~..t\-~~~ . OQ,..~l!\ f:lA.L.A. CHAinMAN
.md ~,ja! sufr~~i(:rp.';)I
<,""..~.../':.(, .-..>::~:"'''''7'}
_~'!:.~:::....-:.),A~/<!~::: .
r<ost:?:.~f.:BAHy
"
"--,
Agenda Item No. 16C4
June 8, 2004
8 of 12
... .._,~ _.- ...
T~f~2- :n~!:"J;$)~t'':.~ r.s(~p(~r~~',b~'~
,.,..,b1;:<1 Z>ll:!,:,s,ry
A:s~t:~~r.t CC\;::ty- ^tt()~N~f
C>llic*ot.IM cc.wnly Ai!(l:):e~
33(11 E~stT~v.r.jilr:~j Trt'l'
N<.j)lll~, flt'ltida ~~4'\ 12
(~1) 7("'4:.M~O
Pr<.l;:t;:rly F<..>l:(l Nv, 431S57::(;{}."::7
SATISFACTION OF tolEM
. .~;NOWALL Ml:.N ;3Y THE$:.:.l-~flt;:StNr: n>auh~ !.>O..,no I)f- (:CiJ1'G\'
CC~MMlss:c.ltn::;f{S or COLL~~:~ CCiUNTY,. FlOf{:Q.t.. v.,~::; tt~ t:\\jnt:t 3r;d h(~:;."";e! o'?
>:\. cerl;:*~')~~) ~:~'Hnm:
Pl1!"....'\l,Hj..1S,E
tnaH~.;.>n~ Jean Ba:pt:~te-
€WO: P.~'1%h,>t'" 01
~~c:rf~5. F: a~~: 12:!~~42
:l'he Li~"nwc..s re<:o:"~;j on tt~~'8 ':'H dav (,~ A~gs,.;;:t 2bc"',J~ i!; (:)Wf;s~d R~o:"d 6::;{)t;
276'3. pa~s01gS 'l:~I\):Jflt: m300, in t1'<<;l O~lloo 01 ~OO Cle~; l)! 1M Gi~'t~t CQl.l!!.
(ltG,~Ul,,:..C(lI,my. SI!1~1 <:l1'1:;:'e1i~,'ft:-t., U,!r: $~I,;(ll~ It,;l ~.rln:;::pal$;,l:-r: ,:sf Qr~
Ht~.t~ijn~r: ~OU:" Du~lat5 .tl~~~j 'Tt::~n~en {';€l'lts t$104.13; ~:::.Js~ccr.j~d f1i:8t"est .~tnd
~enalt~$. i; a~y.:.a~~l'j .~~!;~cse~ Ce(~Wf~ ('i~~~~.:.c;.~;i,n'"$:~~~i-:~e.t fYJ.?it pro~~:~'i ,:$~u~t~d
~n C("~:;i~( CO~H,:!"i. F~r,(:<j~, ~'":~::i~;13n~ ~s... k~U(l"cO';~,~ . .
Ml-.LLENDALE l<:::T j5$ OR Bet> Pl3 set<
Ft;~:l.'~ N~"'~. 4B7a57:::g::~)(f?
Pr~J::'-c1 t"o. 116C:;':'
l..C~.:,::...':t~t}t No. ~ 69t ~
-Co-:E~r CO:;:'tty. ~ poiW'.:a:. ~U:Ju;;",~!(_tOU '_If tt~e S~;!t~ oi Pk':r:d~~ t:$1~'I;;.'b)'
.:;\~,,:k:1,,:),';:';.,}~i~~t ~f~;;(X~:p~ :..~fpff}"~nj~~...t~.. tun ~H$.r~~t~:.u't of ~h~:L~~l'~ ~..fv.'j f;~~~~-e-tJ>(
r.:c1n~fil!) U$r.
TN.' Cd: of lill! C"~l,;it c.:curl i~ l!(.>fllb'{ dlr~i:ll:t, IC r~:::mj Ih'$ f,,1;,,;:;ri,ClimJ ot
~:~n if: ~he o~f.ck~l. R;$t~:..':rd$ !;I -C~;l::e~ Ccw~~y 0: Fk:rid~, :;..~ ~\~fc.~ow:(\'JQ_e- It:.a~ the-
~.~~n ~"':Eh"~:;:":j5 ~c e:.x;st:
oN Wrf~jl:SS Whf.RE0F, ttm Board ~I C,Mlt)' Ccmmlssl<>n"r5 cf Ccl~l<! Ci'11;l'1::Y,
Fbl!'j.), ~,ct:r>g II;fcu9h its C"ak(;t::l~, (j,rfl(:l$ fl:(llf;l,i,:.;m i!nd I!.':::ordlng C.11r.i!>
$.1IMaclv.-,r-1)1 U~f,: hi ar:llon (1ltl:~ BO,110 t:~i$ _(;'{syof .....,.....,........_, 2ll04.
Atr:'=:'::H'~ U~'::.~AU i]:: COi..;-:--;-ry C<JM~i{':SSfONEF~.
OWI;::!'l!" f.l. e.i'iOCl<;. CL::.~'ll( CO~U~~ COtfN'fY~ n..t:>~':;,.\~\
...-................................................. $1':.....,......................................
OONN.l\ ~::V,L..\"C~:f~tRt~AN
Appr.~'v'3d :~S ~o lc(!f:":
<1oj 19~al $l,l!l:.cl~-!'Cli
.('..-.....$"""<:""--7 ...",.."....,..,-~.-:;
i,..~": (' ,..f
........~/.::.:. ..........:.. .s ....
1l0~e;W~C~tf,flY
. /'
Agenda Item No. 16C4
June 8, 2004
9 of 12
-_..
TI,iS lr:!lll\,lr.':erll p~<lr~;j 9t
RCl:lQt! 7.~~~ary .
AS$~)~an~. CtY\.ir':t'y )~_!t'~Jrw>t
OlfiCG of 1M C'''i:sr.;y I>.tt(;(;ley
J~Ol Ea!ll TlSl:r:ial!'li "TraU
N;;Pi<JlS. F!<Irid<3 ii4 ~ I::
{~~ 1}' 774..04Ct)
P:"C'P~rtif'h;:kj~.U): ~t'i5~Q$4l)l)Xl
SATlSI'ACnot-j Of I.!.qJ
:>.:NQW ftU. MEN S'o'1l-i'"Se i->l'leSSNT::n:a.t l',:e OOI>}~:;; 01'" COUNTY
COMMISSlON[,R~ .oF COl.l.:'~r, COVNTY, f:~OHiOA WIlf) ;!,~ ()'-"il,:er all.! Iwldtd Cl
<l :Qf":-1lirll.l~') a~fnst: .
;::ci3rfs:_Lthd<l g
1 tiCS C~/I1rBs!; W'~'1 Po.
N<\p:e$, 11 S4'nl)l~45
'Th~ lief! i\~e r~i<_iltl.:l~:l t:,'l 1r.<1l 13 ~>I (.12(i ~"l ,l\l.i9'.)~1 200U.. In Oflicia: KCco~d i:lo~l(
2?Qa. P,1::IM 01 ~i~ ~nr"'\J:;h 03(1$, i!'llh~ Om,.l'.:l ct thu Gklr;.: cll~ C:ieuil C'.IJlJrl
oj Co!;l€1r Cm.sr:ti. Sl:lllil (:f Floridl3, TI1" l.illll ';I)"'),~ thtt princiMI $l:m ,~ On!:'
l-Lln;;h.>..l f'olirl'l.~li~;rs ;3.:)~ Trir;wl': Ce,1t$ :S104. 1.3) !:Jlu$ aC''':lu>3<i Intflfll51 .:;n:j
~n(1U~$, II e.~!1, ti.n:i impo$~s. ~$I"U:lin ol~lguti'::l!'l:lllga;fl~t rea! pfCpe:1y SiIWi!w;:
in Cc:U:~f Cct,:rrty,. Fju:j;ja~ dE;~("~:t~o as f:..)t:t.::r~~~:
. .
MAPt..ELEAF VI~LAS (CONDO) UNiT 6a OR 1<J4Q foG ;42~
Folio No o~5?.'OS4000S
F'w~~t No_ 6~iC(''O
~u(;t Ne.. ~i~3~
CQ!li€:-r.c........simi.y, a pOiillcall>iJb<!M;-;;c:,i'l pi t"e S;al~ of Floriri-*.. hi!~$I.>i>'.
a::J<nowr&::lg<,r, r<SC9i:p1 ct p!t~'mt'<nl in tl,ll: .ujj~;la~ticm cl -:ne UE:!'l 311<.1 he~tily
ca";::~ll> Li~r..
-a,e Cler:.; of the CitelJ!1 CCl..::"j !sh.,(ur,i' d~-~Cloo I:, tecl:>n~ t!il$ S>.llj~!llcljcn 01
liE.'l'l ~'ll~~ Qffid"i f?j^~;l'd$ of Co~i~~ CQur,'!y, Fl~'fiUli. to ac:i<r:OWIMgt< Illi'll lj1Q
U*l-: ~a~t'5 10 lSXj~t.
~N 'l'lirNe$SVv':if:~F.p~.. ~h~ aoa~c <>~ County C,-1mfni$$~ont:~ af(.~CI:.:e!C~t.:nif.
Fl~,f,li~, ;';::"~:!l~ th~('~.lgr. ils CIlBi("~al'l, ctltg.~l:; m:~c\Jlioo am:! f!!:<.:01'(l:ns d mi~
SlSllistac!io,) <I. Ulitl, by actio:) Ql: tl"l(l Boord this _::l'1Y o! .______............_ ;2(lC-4:
An~$'I: 80AROOF C()'~I~.nY CCMMI~;SIONt.~$
OW:<>~iT ", liIfK.~~.Ci.F.'l'li( COUJER CNmn',f.lOl'\\O~
...-..........................,............-....-.-.-..............-. ijy,-.,....................-----..,................,----
Ap;:m)v~c as l~ f(,rH' OI.'lNNA f-l,ll,i..!\. CH>l<JRMAN
<wd ~'9'I! stJIlbiency
...~-"''''''')l: ....;,,>1'''''.....--.7.
"'.y ""'.....,..( .'
...........Lt.......... :::-:s....L.~,~.:._~.
?'~8ERt Z.~":1iAAY
,-
Agenda Item No. 16C4
June 8, 2004
10 of 12
U "'_ ,- .~"..- ^'-'--~.-
Agenda Item No. 16C4
June 8, 2004
11 of 12
- -- - - - - --. -- ---
.... ,..,. ;",f:' +
"."
_.,
:This 1r.$t:'UM$r,r. prepe.fed ~(:
Rob~fllacJ:('lry .
AS$,'Sl;~:'lt CoW',!y Attmr.$j
em,,,,,, of ;h~ Cct.:nl)l >'\ftO:'i:jl')'
$.;101 Ea~t Tam~id rra~
Nar.'~"'" ~jOfida S4 -; ,2
{S41) (f'4.g40'J .
PK'~rly relic Nc. 723S2Stx:YJG1
~I.t$.f'ACi10N OF (tEN
. .KtIOV....,LL MSN gy Tl~E$.;;pnf.:scN).; :rtlat iilU aOARC OFCO;J~ny.
COMM,SSlGNr:r<$ O~'Cq~Li!aR COUNTY. F~ORiOi< was II"" ~lme( anil ~okl~f r;l
a '::>:Jlt'l:;n Uim .19&lr.:>'~ .
Fuggin, 'C Smn"lll"..c\. Mr.rk"lnr;a M
M M*,e-<:>Wl:il~ Dr Urlit F<,~
Marr)~~ IS!iUllj, fl S4, 4S4fJ!:i:e
11:6;) wenw;,s ~.,,',r(J~cr Ol'l ih'j. a:" day ,?I A~tiij:;1 :;>OOQ, it~ Ofllcie.i ~e<:Cf~ eiXlK
Z7GO,. f'll.~~S {I'W!j lnf\Ji.IQt': (1309, if I \lie C.lffk>~ ct tl'lt: Gla~ ..,I jhQ CiF'_~il C.:mrl
.)1 Coli$' County. Stnt>:J ill F'lcridfl, The U~n t!ec>~re$ f.~ f,,-incipaf $;;11.1 cf C-nu
j-hJI1<j,w fcur D::>ll~rll an;j !hlf!~:3r.ClU't~ ($104.13:' pl;,ls t!tcfl.llic lntQr~!i1 :;m.j
p,.-,r:ilJli!lr,. if an~', end 11111-":':~~ ci3rtainocJ,il!,~i;O:-i!i i:lgi.i~I:sl real ;iI'!~p~I1'i SIUi?l$d
j:l C:d;i~:r.G~l.:n~l.. F:(srkh~.;. described ~S1~n\"'f,\i$~
SAN MARCO '11lL>\S II (GONOO; R<> OR 1140 Pri 4 ~5
--
f..;.~li') No, . 720023€(iQC ~
f'(('f.lCf No. 6fi;;{)o
AX:<lm-rr No. ooa H~
Coi:iar CO~Ir:ty. " IX',jji:':!l1 !i:.lt\1jM$IO~ C:-f !n~ S.t>iIG C>! Floril!;,.;, r.erl'by
~\e"'ll;'wl<l~ges re::i3ipl 0: p<<yrr;$!1t infuri !i.lii!:l~~on cI t11l1; Li<:irl aml t:~rr:ny
a,r.c~jr;U"'fi,
TN>- Cierk t..fIM CifCOJt C{~..lIt :$ here ,by !:liroc.t<!:ct t~) I<;t<,....l;-d lhis. S>l:tlSI3CtiO:' ,~
l,~r! ill th~ oj'!,cial R!'lCC'A'ds of C~Ii<J.r CCU:'lty, f:o~;;., ICl;lCimO'f\1edgn !!'l;;i t~~
Ue':1 ~a$e$ 1::> i."xl$l. .
IN ,V~TNESS WHEREOF'.til~ S{><if'.l cf' County Co,'1lIf:'SS;<>,'(<fS I,;f C("\il:~f Cml?1rf,
r:O:'t..1a: acrin!; lhrouijhius Cl'riliim&rt. tl<r$r.:l!i e:<~(:u~t:~"llin..11'!lX(di>'\;c of IMis
S!.~tisf>l.ctio.'l ~f :.le(l, t>~. <l;;l~)n otlh~ So;wJ INs __..,da>' or .............._......2004.
AT'!"F..m".. ... ........ r.oAKoOI' COlJNTYCOM~:i.iS$rCNfERS
C\\'iGHf €l. :)f;OCKCl.ERK COU.IIlRCCUN'TY, F'!:OI1IOA
.....................................~........................................ b)>::..._.."'_"'.................._...~..............
LX.\"'N.~ ~lAL.t" CH,:\'I.{MAN
Ml>~:wt:d .1$ t.o ~t:r1Il
Ml:l le:->lalllUm(:i~r:I-:y
..;"....~~...;;;~ ...;..,:........;.,;.;..;.:.....?
.M. ,.,..)- C ('
.i:il~ zAt;rA.i~;.:......,......~-
.-
Agenda Item No. 16C4
June 8, 2004
.-,-. -" 12 of 12
"'- .. '-----.,.,-- "--,--_..
,..~''''''
EXECUTIVE SUMMARY
Recommendation to approve and execute Satisfactions of Notice of Claim of Lien for
Sanitary Sewer System Impact Fee. Fiscal impact is $18.00 to record the
Satisfactions.
OBJECTIVE: Recommendation that the Board acknowledges full payment and executes
the Satisfactions of Claim of Lien.
CONSIDERATIONS: The Board of County Commissioners of Collier County, Florida as the
Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier
County Water/Sewer District of Collier County, Florida, recorded the Claim of Liens in the
Office of the Clerk of the Circuit Court of Collier County, Florida.
SEE ATTACHED EXHIBIT "A"
_.
Full payment and satisfaction of these liens have been made.
The County Attorney's Office has reviewed and approved the Satisfactions of Claim of Lien.
FISCAL IMPACT: Payment in full for these Claim of Liens increases the cash flow in the
County's Sewer Impact Fee (Fund 413) by $6,220.00. The fiscal impact for recording these
Satisfactions of Claim of Lien is approximately $18.00, which is to be charged to (Fund 408)
the County Water/Sewer Operating Fund Utility Billing cost center.
GROWTH MANAGEMENT: There is no Growth Management impact associated with these
items.
RECOMMENDATION: Recommendation to acknowledge full payment and the satisfaction
of these liens and to surrender the same canceled, and to direct the Clerk of the Circuit
Court of Collier County to cancel the same of record. Authorize the Chairman to execute the
Satisfactions of Claim of Lien.
-
Agenda Item No. 16C5
June 8, 2004
1 of 6
.".....,-..,,"- ~ _..M""".,.".......*"'.."_"".;""'",;>>,lt-H-._.,,,... ""'>>"""H"'~""",",'__''''''-"''"'"~-''-
- .~ .....
COLLIER COUNTY
-
BOARD OF COUNTY COMMISSIONERS
Item Number 15CS
Item Summary ReCGmrnEmd<:tkm 10 appmvH and HXE!Cutt: Satisfactions af Nmice nf Claim af
Utm far Sm~ltmy St:w;~r SystEHl'l Impact FeB. Fi,;c::.ll impact is $18.00 to rE;cord
the Satisfactions.
Meeting Date 6i8!2004 9:0Q:00 AM
Prepared By
Pam Callis Re"'.'IlU'.' Supef'ljs!.'r Dat'.'
Public Utilities UBCS 5i11!2G0410:IH:05 AM
Approved By
John A, Yonkosky Utilit'1 Billing Director Date
Public Utilities UBCS 5121!20U44;U1 PM
A pproved By
Thomas Wides O;)<3rations Director Oat.-,
Public Utilities Public UtHities Operations 5122!2004 5:25 PM
Approved By
Tere",.'l Ril/sen fhwem.H'l Mi.m.~~er O;,;ie
Public Ulilitil/$ uses 51Z4!200,j 12:32 PM
Apprond By
Pllm Callis R'iilleflue Sup'iirvl:\o( Date
Pub Ii!,; Utiliti'.''S USCS 5125i20M 10:14 AM
Apprond By
James W, Delany Public Utilities Administrator [);;te
Public Utmties Public Utilities Administration 5!26i200412:02 PM
Approved By
Pat lr:hnhMd Adn1inistrative Assi!'>tant Date
County M,;nager'!,> Oftic<3 Office 01 Man,;gement & Budget S!2l.i12004 3:21 PM
Approved By
R.~r.dy Greenw<lld M,lJm.~~el'l'l<mtiBj;dgei Analyst Date
f.lo;,;rd of COI:fliy Office of Management & Budget
Commi",si,)n6r", t!1/2004 '10:00 AM
A pproved By
Mich.\el Smyjc,owskl Management & Budget Dilector Date
County Manager's Office Ofik:e of Management & Bl:dget 6!1/200.110:02 AM
Approved By
,.--. Leo E, Ochs, Jr. Deput'1 County Manager [);;te
Board of County C,llsnty Manager's Office 6/1/200'110:50 AM
Commissioners
Agenda Item No. 16C5
June 8, 2004
20f6
-- -~----- .--
,.~.~~,-
EXHmIT
"A"
1. Mercedes Oliva Dahdah, securing the principal balance of one thousand three
hundred forty dollars and no cents ($1,340.00). Folio #68240320003
2. Charles E. Ostrander and Georgiana T. Ostrander, husband and wife, securing
the principal balance of two thousand six hundred eighty dollars and no eents
($2,680.00). Folio #48730160007
3. Robert H. Snowball and Vema Mae Snowball, husband and wife, as an estate
by the entireties, securing the principal balance of two thousand two hundred
dollars and no cents ($2,200.00). Folio #23370640009
Agenda Item No. 16C5
June 8, 2004
3of6
......,~
Tnil'- h$t,wl':'ml prf.>j.,-ull:i Lly:.
f{o!l~:tZ<':r.flnry
~S$:'$t~r:t - Cc,w!~PI-l~tu~r:1h$~
Otilt,;u ,)lUw l;oupiy Altotr.t'y
$~01 e~t T~r~~:e.fr~i T~e.:~
Nl!n!M,;::l..~r;t'tM 341 j ~
j~~l! 774'a.sc.'.o
SA115FAC'nON OF NOTICE OF ClAIM OF USN.
FOR SANllAR\' seWER SYSrEM I.MPACT r:EfrS
l{NOWALL MEN. 6V n-ll::,SC pru:stt~;rs: .rh.c"l.1 ttJ",. ~.j~A.RD OF COVNW
COMM!SSK}NERS QF COUJERIX)UNTY.ROflICA,AS THE C..oVF.RN1NG 800Y OF
COWE'R COUNTY AND AS EX,OFFIC10 THE GOVERN1NGt:lCAHD OFTHECOLL:ER
CQUNTY "..iATf.l=i"SE'flER!JISH{ICL 'I;l'l~ 11'.$ {;<t.~M!f ~A::lI;'Jl<jllr:;f <3 Cl$l'tM, 1..::r~fl'<;9<till~t~
MERCEC>ES C!..iW. DN-lD;\H
9~Z1.SWZOTH ST
MI'<:mi. R33:es
Tr;e-~..~1'": _~v~~ r~~:o~ ;5~::i pn 1 ~ l~:-,~y ,0; qCt.Oo~d '~}9..t~:_:(~ omc:a~ i'::i~~fO a~~,~
1 SS'J, Fagl!(;,l Hl H\ in!hQ Olf:I;~' (jfll~ C!i).lk of ni!'> Cirro:'t C.-::-urt pf CNl*.u' C;)u:'\l}', St~ll! ,;,!
1"!!;!"j;:t. TIle Lien SI1Cl.i,,z$ ti'\<, p'inciiJ.31 ~'Jm cI C'l"~ rhOUSi~I!~t Thma Wmw-oo fcl1y t'Olf>!TS
'<;:'K~ N~, C,:,n!$ i:$t,340.00}, plus ~Cl:'m~d 'ntlll'l'ISI 8ll{i pel"!Il.'til1ti, if i3r.y, .aM h-npOOft~ ,~:~~;O
~~.tJil~~1fj~~r.~ ~~<:ins! rt'<\; plW"',ly ll!,U>!t0:l1r: G~I~lY- C6tirtty, Ai.1!i;je.,~~:>.~r;t"l,1d as loll~1W~:
UNIT 0-2, iN PORT NEll.. VilLAS, A CONQ()MINIUM, ACCORDING 10 THE'
OeCtAAATlOt~ OF CONOOMINIUMRE'COROED IN OFl'lCIAl RECORD BOOK
5.~1.41'PAGES 1341 il-lflOOGH tS75'.INCLUSIVE, IN THE POf3UC RF-CORDS
OF COlU.EACOUNTY, FI.ORIDA, TOGETHER WITH ALl. APf>URT"ENANCES
THERSTO, AS DESCRIBe!:> IN THAT DOCUMENT RECORDED IN OR 300K
_. 'HI9.3,PAGE 2112 OF TtiE PUBLIC RECORPSdOF COlLlER COI.mTY,
Fl.ORIDA,
FOlJO NUMBER;6S24t)3200tl3
CQ,liarC<XI'11'l.t. pr.,illlr;al S:.lt:.llv:sicn ~f tfll> $t;ll;" :;,f Ffotid~, a~~ ,h~ (:cl;,<:>( Cwn!y
Wal<1:~S~w.~r I)i~t~l, ~p,,;lli;~allt;Il::(jM~Clil d tl1.. SI,1Iw of "'k,{lJ~. 11\lrl1t:y <<Cltr:rswif:&,jss .
r,v'..$i;;l ol Pd)"~l!inl.ln fU:f s..,!~;fm:lkJfll)r Ih<il Li"'Far.dt1t1r~l:>;r can;;al;s lh~ lJt'f~,
. Tt:& OMl<t1f.,r.~ CircuIt CC.;..1!1I$ Ml~ny 1iroo:.,:!,1 to !<.l.::crd It..,,, S~ll$~,"~lk~llOI U<?:l
.'n th<:} Olfi:i,al f<econ1,; ,~f Co/h,! Cwmy, Flofiaa: 10 &::~ro\\~{:l(.1~e ~it:H !r.e U01'! C"2aS9S 10
~:l':$ct.
INV'lliNE$S WHEP.€OF, thn F..oal~J it C'>lJlll'{ Ccr:-:mlf,sll)n<<r& !~i CoW..,r C(:-t.mly,
r-'O(i(i:~, an:l i", ~J(.()ff:cic. t~l$ G'.".;emir.g BColll'tl ,1f lhllt C:Q151.if CCt.:l'lty W~l"'r. ~""",r Distrbt,
;,;.c~ls~J thr;;'I.;9r: it$ C!l:lirnl(l(., (jlfacliS ~xett.:tlo:'\ ar.11 f0;;Ofa~-,ri I.l:lhlll Saii:>raclicr. 01 L;(::'l, tri
a~-:t~,,":"'I" ~.f ~}"':.e .:=~~a:~d~hj:::,..uu... _~U~y ~,f ._.......--..n~..:) 2004.
,'l, rrEST: eOAAO OF cou~.rry COMM1SSICNEfm
O\NIGHT [;:, BROCK: (;tERK COLUER COUNTY, FLORIDA, AS THE
GOVE:RNINGHCOY OF COLli(;:R CO\JNry .ANO
.......................... .....'. AS EX~IJFf:CIO 'fHE GQ\'F..Ot../1NG SOA-FiD OF
THEOOlLiEA COUNTY WA,..EJ~"$EWEn
DISTRK~r
At,,{s"Q';~i as.1~ ~,~i:n. <:i?l~
t~~:J~j $~;~:~j$O:C1:
~..-~.?--.:~:..::> --,: ..~-"'---)
, ('~.... ./-.4
.,..l..:.~"'............,.....,"''''-- 't.~.>7~ir;iA Fr>\L{:...i5rliiA~iAf~........
RCf.!l::flT ZACHARY
ASSISTANT COijIH"l' ATTORNEY
--
-"Agenda Item No. 16C5
June 8, 2004
... 40f6
- _.,-. --- ~"---,..,."""..."-" """-..--
Tt:i~ jr.$!r,llr;~r.t prt",,'1,~~t! by; .
Rbi~n:Za<:hat"i ,.
;"SSb.iSr.t CO;.lfl!<j Atlomey
01f:{~~ ~';f :~l;.~C.;.~t_:~JlY Att(x:)~y
::.:?(Ci1'f:~<"\s~:alni~wr:i T(~ij
N~r,\~:!\. H,~rlda ,~li2
t~s4f) 174..!l40U
SAT1SFAcr:cm OF NOTlCE OF Cl.AlMOF lIEN
FOR 5ANlT I\.RY. S.EWEIl S'l'$TEM IMPACT FEES
;(NGW.-\lL M~N BY THESE PRESENTS; Thi\! lne BOARD Q.""COUNrY
CC.j-.~MiSSK)NERS OF COlLlER COUN1'Y, FLORIDA.. AS THE CCVEHN1NG800Y O~
CO_Lll:::R COUt'-ITY A/-itl AS EX'OFf'ICIQ THE GOVERNING DOt,F>DO!' nil:: CO_UER
C'.cUNTY WA'TER-SE\VEJl OIS'fP.!C:,Wil$ il:~\)w:)~r9G<.1 hok~l-cfa ~!t~ln L:e~ a~.!lm~t
CHARLES 1::. CSTHM,OER ANw GE,CAWANA T. OBTRANQER,
.1'llJs~i1a ..!'IC Wjl~. .
2{C73A~b~ts..;~ $1
Nap!!':". H.~3f!5/.
Tht; U'3r. wasr~";r.:1ced (:.(1 1:;1'0: d>lY :::1 Oc~oor.ir ;~4. ;"0 Offidill R;.;;;.:::rd BOOir.
lS~;J,.~;;i~e(i}, 17~5~ k: allJ, Off:ce 'v~, :~l~ 'C;~.:!~k of It:'! Ci(\..:s.J~~ Cf.,3:.Jrt. Ctf, C~;l:ef Ct.(\.n~ti(. t~:~1Ie ot"
8,,:',..1$.. 'nIS U",'~e~M6f; tht'l prif;r;lr;S!%1>1 ~~f T wo Th":.i~I".1 S11( Hund',->(! (;1;;;\1'1 0.::1:.....3
(sr;~~ N(') C~nt& (sz..€eo.c~)j.. p:t.:=5 {~~X::"~;oo tflte!e{)t .a:'1~ P~(;e:.~tioo...- i~f(r;."l. $Hd ~1~~v!.e$- c~~:.a~n
OQ~ig~tl~n~ ~9a:n$t ~:::~r P:OP~!+l $~tw~t~t;~r~ Cr:U:or Cc.aMl>'~Fk'ltit'ia~ f1~~:'~b~d 6S f\')H~X(..~z.:
LOTlO AND THE SOUTH 27 FEET OF LOT 11 ,SLOCK /I., HALDEMAN RIVER
SUBOIVISION, AS APPEARING IN Pl.AT 13001<2, PAGE 137, PUBLIC
RECOROS OF COL.UER COUNTY, FLORfDA, AS C?ESCRleeO:N THAT
Dv^C\JMENT A~COROEDIN OR BOOK t018,PAGE. 11125 Of THE f>lIBI.lC
lilfCOROS OF COLLIER COUNTY, FLORIDA.
FOl.IO m1MBE.R: 4a130 1 60001
Co!f~:jr.Co~n\~~ a poHtic.3;: ~ubd.;y~:::iE:(:1' cftht:'Statt::: .:f Fl~tlttl. ~~~. 'thi') C(;U:<:j~ Cc~;::~~y
Wglp':',~wer {}i$lr:ct g i,ot<li{;(l\ $ut)lj:"!$:O~It.t, lM$I~te :4 Ho.'lda, ne:1il;y i'l::~I'!l'),M<<>1~6s .
t"{"$f.;f;ipl \.)~ l:({$}':"n~.;"tt h1 1:1); Satis-t~)ctk':'t~ of ~h~ Uen i1nd he~~...'ty ,~ncet"S the U~n..
The C:e:k.of ~~'C-:~:J}t {;<>;Jtl.~3. :1~r~by t~tt~Cf~9 t~ !)~r,O:\1 :hi~; S<1~:$\i(1~;.t:,}(1 0: U~n
~:~ ~h~ Cf:~ja! At'~~:t~:~~"S of Co:~:.?r {:O:.JtHy) Fl~r:da.._ t~ ~ckr:owJ~(:g.Q U..~~ th<:a b~n C!3;,SG-S t~
",."b..
:~~ WJ TNE~~, Wti 2.~F..t.lF, tNl BC~f<i ::ICI;I.~"lty O)!'1:mi~sicl':~w. (>: O.:i!;~' C~l:ll'ty,
F:<:."i,j,i, ar:;j 3$. (;:;,:.Cllfid::l lbe Gt!'it!!r:ir.g S~'l(d ,.f It:e {;om~r Com~fJ~\'M(;I-S9W!;t (}iSl!~'_'t.
"(:li'~~ tr:r(:lig~lll~OlaiHmm: (jirt."'':,:S !l):i3:::lJlicn ar:d recM!,rl\l ot this S~t:stll\C::Olll"! U$I"l. r.y
r$c~i:..;{:;,:~t trs{,: tkj~,.;j ~h:~~ day:tl....................................m.nm~ 2Q(l4-~
ATT>.:ST", BOA>'!!> OF COUNTY COMWSS1ON~J<S
DWIGHT e. ~ROCK, CLERK COLliER COUNTY, Fr...CRlr.;A, AS THE
COVERNfr,./C ElOOY OF COWSR COUN1'Y AND
......'...-...'.....~........'.......................................... .."-$ Ei(,OFf:C1QTHE GOVERNlNG80ARO OF
T~E .cOI.l.lER COUNTY WATER,Sf.1,l>.'c:n
DiSTRICT
~.:n~r~"j(:cl :1$ iotQ!m .ant:
:...:J~: st:ft~~:~:'"~='J:
;""'-~.~":'-~~". ,.. . ... ... .;-,,----;
~! "..... ,..". , . ~ ".:1
......../.~~....'"..~~.).~<::..~............ 'CCNNA'F;AL~:--'CHAIR~AA~r
RCI8Er;'TZk~'\ARY
ASSISTANT COUNTY ATTORNEY
Agenda Item No. 16C5
June 8, 2004
5of6
.'. ',.
Tr.jr.jn~lru:T'....,nf p:'f:pilrM by:'
f-,'cl:eil. Zz.chary
AS$i:..,t~r:t CO;jntv- Attof,n~)~
Clif~ce of tjli$ C~~~nr>, AU\)rf~~~'
3:?..(, f '~.ast: :-1.r:,;"~;,~i _7'(:&=]
N~;:;l~&, Hcrlda 341:2
(941) ii'4.B4W
. ."" ." --- -- ..
st.:nsr-,t;CTION OF NOTIce OF Cl,AtM OF L1Et-l
FOR SANlT ARY SE.WER SVSlEM tMPACT nes .
KNO;'Aj AI,!.. MF.J-J 8Y T~E'S~ f:>RESE:t-ITS: TiK~t ~~1'" DOI\RO OF COUNT"
COMMISS,ON€;':;S Of' C()I.Ut:n COUNTY,FLOR~DA, AS THE GOVERNiNG eooy Or-
O<>WER (;C-~.J~.n:Y I\ND ,~s t;'X .CPH';IO TNt! GOVEBN!NQ EOJl,flO OF iHE COlucn
COUNTY W A TER..$E\NEFl C"STRlCT, was th~ ~,.t;l"'.3' :ii1d !'lol~~ (:<1 i1 (:~~i~~'l URf\ a~i\!r\"'t:
Rt)BF..RT' H. S~K).\'aAU, ANt) VERNA M~'\.E SNOWBALl..,
HlJ;,bi~nd nr..j 'Mt,." iJ$ an Efi~ate t~ t~ll.1 E:itir""l:~:s
~C')1 C~ltag&! G,c'J<l Iw.,. .. .
Na.l.ll<lll< Fl :K19'62
Tht! Lifln WilS r~of\'j~c on N:"l::l<.'Y vi Octol'>tll' 19€'>':~, h~ OffICial R.~cd 50,,1(
~ 9SiS. Pll9':'(S} ~23g, in It:i::< O!liCi3 or W"" CIl'lI';~ nl th~~ C:"'~t'll C:~Ri:1 ,)1 C,~llilir C'~i.lnly,' Sl~t~ t.!
f'ori~a. The li$n ~)UI-e~!I;e i-'rinc:pal sum of 1'.....0 '1r.~I;Sil~ct -r...m H;sr.r.l:'~i r.:(J~a~~a;),1 N:)
C~'1\:'i (s?roo.>x>j, l:>:uS ~IK;(;'V'ilc int~(!l:!S;iSr:d PE!lliSh~u,il M)', ar?;S impos.€l& ,~~rl,1jn
oo:i!,;at~n& 1\!}1i:1S1 faill r>r~I'!Y ~itd:'ll~<.l ~, C<Jilit<' C<)lJl~t'i F'lqti<Ja, d~$c't'it:~:l!l as f6ikr~~:
LOTS 2OANO 21, SA MEW PARK. PER PLAT iN PLAT BOOK 4. PAOe: 24,
PUSUC RE.CORDS OF COLUER COUNTY, FLORIDA, AS OESCRIBED IN
THAT OOCUMENT RECORDED IN OR BOOK Z72, PAGE 781 OF TI1E PU6L1C
RECORDS OF COLtlER COUNTY, FLORIDA. .
FOliO NUMBER: 23370640aot
-
Collier CO;.llily, i3 pOlltjr.llf SlJl:><:!,'.ir.l(k"l ri Ihe Sll.\t& :..<1 .flo:ida, .ar.d Ill.?: C~ili~f C,hmi}'
.....a~'Jf,Se'.-.er O:SI!",ct, a j.lClilic:al sul>;jr~'isi:ol'1 o! Ir.Q SI:3~fl Fit)'t:ji\, t.t;:,eby ack~c:w:<Xlgw.;
N:C~<pi. "I' fk<';Y((:\-l"f lr: f.sr: Sl.\ti>.slocil<:n 01 t,'le U~n ~oj I'<<l"lb)' ,-;'1r.C91S i.he U~n,
TheClelt: fJ! It:o Cl:ctii: Co:.ii'li~ r1~l'<lby l,tlr",(.;ll.oU j9 ~I.'<:ti~c triis 5"1~jsf~tion t:t l.i>;r,.
In t'rI1'< Og~~~ Avcc.t~s o! Collj~f CO;.lf:ti. Hcr.da, t(s 9{;kr,m"::e:i~~ lhallhi:l L:~n ~t!n~,.4 tc
a-.y.ist. .
. ,N wrn.,t':ss Wi"fF..~F.tlF, ihQ Boal1:! 01 Cti'~Ill'{C'Jmm~sir.I'.offi.....f c.:-:fI\t;r(~Jv"l'\I,
F:C.I~kit.,. a.>d .as ~x.Olfid':llh~. (ii<\i€1rr.ir.g SC,1(,1 <,>1 It:~ C<.lilial C...'ur.t:t Watel.St:':liM D:Mr~~t.
ac:tlf;(I mlO~>i1'l its CrIIlIIHlllr:, dir!..>c;:; t>>:;lculion aM '''''x\fi'fir.Ji)j t~i<s Sa:Jsfcs:.:;i\,lrl 01 Li&rr. ~y
i!cl~r. {II !lo,s &';81(i lhh~_... J<lyof ........ , 2C-04,
AITSST,
. OWIGl--rr E. BROCK: CLERK
'.'.'.~~~'.-~~~_.. ....... ".".....
A{:.pI'OVElo.'1 ,1:"', to loml 3.:'"
l;~>iJ~1 s~ffl(:i=,: .
.....-..,.--'" .-.-'>
_,:(<:.....~~,..~~f~~=~~....,.
.noe-EOT-ZA." .t14,.~>Yo(
ASS!:Hl-NT COUNT( ATTl::>AN:EY
_.
Agenda Item No. 16C5
June 8, 2004
60f6
".'~~ ---,--- -- ,,---.."'.. ~.,-,~---""
..,...-~
EXECUTIVE SUMMARY
Recommendation to approve the Satisfactions of Lien documents filed against
real property for abatement of nuisance and direct the Clerk of Courts to record
same in the public records of Collier County, Florida. Fiscal impact is $60.00 to
record the Liens.
OBJECTIVE: Approve the satisfactions of lien documents filed against real property for
abatement of nuisance and direct the Clerk of Courts to record same in the public
records of Collier County, Florida.
CONSIDERATION: Authorize the filing of satisfactions of lien, for previously recorded
liens that have subsequently been paid.
SEE ATTACHED EXHIBIT "A"
....-
Said Liens were recorded in Official Record Book of the Public Records of Collier
County, Florida. The owners of said properties have paid to the Board of County
Commissioners sums representing full payment of principal and interest due. Collier
County has verified that said Liens have been satisfied and now requests Satisfaction of
Lien documents and order the Clerk of Courts to record same in the public Records of
Collier County, Florida.
FISCAL IMPACT: Recording the Satisfactions of Lien is approximately $60.00 and will
be charged to MSTD General Fund (111) - Code Enforcement Admin.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact
associated with these items.
RECOMMENDATION: That the Board of County Commissioners authorize the
Chairman to execute the attached Satisfactions of Lien documents filed against real
property for abatement of nuisance and direct the Clerk of Courts to record same in the
Public Records of Collier County, Florida.
-
Agenda Item 16C6
June 8. 2004
1 of 13
.--~- "- .'_AO....'___..'......._,.~.
,.,...."_.,,.. .~_"_C______~''''
.-.-...',---..-.. ,-- _..,-,. ~~-
"--""'.--'" -..
,");;~~i',~,~i
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
._~
Item Number 15C6
Item Summary ReCGmrnEmdatiQI1 10 approliH the SH,i';fac,ior,s of Lien do;;umer:ls filed H~1ain:;t
rea: p:opef1y far ab.c:H~nH~nt of r::..iiSanCB and d~rE:Gt trH~ Clerk of Cnurt:; to rf~~;o:,d
sarna in the public reccrds of Collier COU'1ty, Florida. Fiscal ;mpact Is S&O,OO 10
record tha Liens.
Meeting Date 618f2004 9:00:00 AM
Prepared By
Pam Cullis Revenue Supenrisor Date
Public Utilities USCS 5i~1/2G{)410;l)3:Q5 AM
Approved By
John A. T(',nk(',sky Utilit'/ Billing Director [lat.-,
Public Utilities UBCS 5121120U4 4:U3 PM
Approved By
Th,~m;.ls Wi,~*s Opfm,'iQns m~'eC(,~f O;Jile
Public Utilities Public Utilities Oper,1tir,ns 5!22!2004 5:26 PM
Approved By
Teresa Ri~;;en Revenue Manager Date
Public lHm'ills uses 5!Z4!2004 12:32 PM
Approved By
Pam Callis Revenue Sup.~rvi3or Dute
Public Uliliti~'3 USCS 5/2512004 10:19 AM
A pproved By
James W. DeLony Public Utilities Administrator Dute
Public Utilities Public Utilities Administration 5/2612004 ~2:i2 PM
A pproved By
Pat Ll':hnh.1rd Administrative Assistant Oate
County M,1nager's Office Oftice of Management & Budget 5!26!2004 3:29 PM
Approved By
M;Jil';'; IS<lc;.;s"n BudgHl An.alyst Datil
Counf.y M.~nagf>"'''' OmCH OflicH of M:;m"~gamllnt & Budgllt 6!~/2(l04 ~:41 AM
Approved By
Michat'1 Sms,;.:owsk.i Managemt'nt & Budgt't Dir~;;to/' D;!:t~
County Mam.lgt'f'S Office Office of Manar.lem~nt & Budg~t 6!~/2004 9:47 AM
Approved By
leo E. Ochs, Jr. Deputy Count'1 Manager Date
~-,
Bourd of Count'!
Commissioners C(Junf.:v M.ilnagf>,."", O/fi(;8 6l11Z0041ll;SI Af,.,
. ~",-
Agenda Item 16C6
June 8, 2004
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EXHffirr "A"
1. Martin I & Lillian E Benjamson, Folio # 3685240009, Lot 13, Block 224,
Unit 6, Part I, Golden Gate, Res. # 98-284
2. Benjamson, Martin 1. & Lillian E., Folio # 36385240009, Lot 13, Block
224,Unit 6, Part 1, Golden Gate, Res. #2001-208
3. Benjamson, Martin 1. & Lillian E., Folio #36385240009, Lot 13, Block 224,
Unit 6, Part 1, Golden Gate, Res. #2001-209
4. Benjamson, Martin 1. & Lillian E., Folio #36385240009, Lot 13, Block 224,
Unit 6, Part 1, Golden Gate, Res., #2001-458
5, Benjamson, Lillian E., Folio #36385240009, Lot 13, Block 224, Unit 6, Part
1, Golden Gate, Res. #2002-348
6. Montclair Fairway Estates Bldg Corp, Folio #31055005252, Lots 22, Block
M, Embassy Woods Golf and Country Club at Brettone Park, Phase One, Res.
#2003-404
7. Betty Marlen, Folio #62092320008, Lot 14, Block 4, Naples Manor Addition,
Res. #96-535
8. Dowe S. Marlen & Betty Marlen, Folio #62092320008, Lots 14, Block 4,
Naples Manor Addition, Res. #98-275
9. Ramirez, Licimaco, Folio #48730040004, Lots 1, 2, and the North 20' of Lot
3, Block A, Haldeman River Subdivision, Res. # 2003-394
10. Seva Est, Armand, Raul Seva, Folio #52344760009, Lot 127, Isles of Capri
#1, Res. #2003-448
Agenda Item 16C6~
June 8, 2004
3 of 13
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Agenda Item 16C6
June 8, 2004
4 of 13
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Agenda Item 16C6
June 8, 2004 -
5 of 13
",_.
This in.<trument prepared by:
Roben ZaJ:hary
Assistanl County Attorney
Office of the County Anomey
:no I East Tamiami Trail
Naples, Florida 34112
(941) 774.8400
Property Folio No. 36385240009
SATISF^CTIO:-< OF LIEN
K.'lOW ALL MEN BY THESE PRESENTS: That the BOARD Or: COUNTY
CO"\f~11SSIONERS OF COLUER COUNTY, FLORIDA was the owner and holder of a cert.; n r ien
againsl:
Benjamson. Martin 1. & Lillian E.
6300 York Ave S Apt #208
Edina. MN 55.fJ5
Lien was recorded on the :f' day of July 20() I, in Ofticlal Record Book 2853 Page 23.f0 in Ihe Office of
lhe Clerk of the Orcuit c.ourt of Collier County, Stnte of Floridn. The Lien se:ureS the prindpal sum of
Two Hundred FUIIy I'ive Dullars ami Nu Cent. ($245.00) plu~ accruell in\cres~ and penalties, If any. and
imposes certain obligations against real pro?erty situated in Collier County, Flonda, described as
follows:
-
LOT 13 BLOCK 224 UNIT 6 PART 1 GOLDEN GATE
Collier County. a political subdivision of the State of Florida, hereby acknowledges receipt vf payment
in full <31i<faction of the Lien and herebycance]s lhe Lie,n.
The Cletk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official
Records of Collier County, Florida. to acknowledge thai the Lien cea.es to exist.
IN WITNESS WHEREOF, the Board oi County Commissioners of Cullier County. Aorida. acting
through its Chairman. dir-..cts execution and recordmg of this Sutisfaclion of Lien. by action of the Board
thIS _ day of . 200~.
ATTEST: BOARD OF COUNTY COMMISSIONERS.
DWIGHT E, BROCK. Cletk COLLIER COUNTY. FLORIDA
By:
DONNA FTALA, CHAIRMAN
~
-
Agenda Item 16C6
June 8, 2004
6 of 13 -.
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This instrument prepared by:
Robert Zachary
Assistant C:>unty Attorney
Office of the County Attorney
3301 East Tamiam. Trail
Nop!es, Florida 34112
(941) 774-8400
Property Folio No. 36385240009
SA T1SFACfION OF L1E~
KNOW ALL MEN BY THESE PRESENTS' That the BOARD Of' COUNTY
COMMISSIONERS OF COLLIER COUt-'TY, FLORIDA was the owner and holder of a eertam Lien
,gainst.:
Renjamson. Ylartin 1. & Lillian E.
6300 York A v: 5 Apt 11208
Edina, Ml'>J 55435
Lien was recorded on the 2"" day of Jar,uary 2002, in O:'fieial Record Book 2956 Page 0732 in the
Office of the Clerk of the Cireuit Court of Collier County, State of Florida. The Lien secures the
principal sum of Twu Hundred Fifty Five Dollars ar,d 1'\0 Cents ($255.00) plus accrued mterest and
penalties, if an,. and imposes certain obligations against real property situated in Collier County.
I-lorida, descnbed as 101 lows:
LOT 13 BLOCK 224 tJNlT 6 PAKT 1 GOLDEN GATE
Collier County, a (loJi1ical subdivision of the State of Florida. hereby acknowledges re<:eipt of payment
in full s.tisfaction of the Lien and hereby cancels 1he Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official
Records of Collier County, Flonda. to acknowledge that the Lien cease< to exist.
N WITNE..<;S WHFREOF. the Boarcl uf Coumy Commissioners of Collier County. Florida. acting
lhroogh its Chairman, illrecl. e^e<:Ul1un and recording of this Satisfaction of Lien. hy action of the Board
this _ day oi ,2004.
^TTEST: BOARD OF COUNTY COMMISSIO;-"'ERS,
DWIGHr E. BROCK. Clerk COWER COUNTY. FLORIDA
By:
OONNA FIALA, CHMRMAN
Approved as to form
~cienc.::---,
~_.
R BE T ACHARY
Agenda Item 16C6
June 8, 2004
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Agenda Item 16C6
June 8, 2004
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Agenda Item 16C6
June 8, 2004
-got 13
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Agenda Item 16C6
June 8, 2004
10 of 13
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Agenda Item 16C6
June 8, 2004
11of13
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Agenda Item 16C6
June 8, 2004
12 of 13
-- .~.~-- .
..---,'--.
This instrument prepared by:
Rohert Zachary
Assistant County Allomey
. Office of the County Attorney
3301 East Tamiami Trail
Naples, norida 34112
(941) 774-8400
Property Folio No. 52344 760009
SATISFACTlOl\ OF LIEN
KNOW ALL ME:>; BY THESE PRESENTS: That the BOARD Of' COUSTY
COM.1I.1lSSIONERS OF COLLIER COUNTY, FLORIDA WlIS the owner and holder of a certain Lien
against:
.'ieva Est Armand
Raol Seva
25 Dolphin Cir
Kaples, FL 34113-4017
Lien was recorded on the Elh d.y of lanu.,-y 2004. in Official Record Dook 3480 Page 1645 in the Office
of the Clerk of the Circuit Court of rollier County. State ofF1orida. The Lien secures the principal som
of Two Hundred Fifty Five Dollars and 1'\0 Cents ($255.00) plu, accruou inl""sl anu penalties, if any,
and imposes certain obligations against real property situated in Colber County. Florida, descnbcd as
follows:
LOT 127, ISLES OF CAPRIIII
Collier County, a polltica! subdivision oftlle State of F1urid!, hereby acknowledges receipt of payment
in full satisfaction of the Lien and hereby cancels Ihe Lien,
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official
Records of Collier County, Florida, 10 acknowledge that the Lien cea;c, 10 ellist.
IN WITNESS WHEREOF, the Board of County Commissioners of Colher County. Horida, acting
through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board
thiS _ _ day of. _ _,2004.
A TrEST: BOARD OF COUNTY COMMISSIONERS,
DWIGHT E, BROCK, CleIi<; COLLIER COUNTY, FLORIDA
By,
OO:>;NA F1ALA. CIL<\IRMAN
Appro'fd as to fonn
and ncy ~__)
,.
_________0__
Agenda Item 16C6
"June 8, 2004 "~~=O"
.---.13 of 13 . ._--~-
--
EXECUTIVE SUMMARY
Recommendation to approve Work Order UC-009 in the amount of $355,000.00 with
Mitchell & Stark Construction Company, for the North County Regional Water Treatment
Plant Degasifier Blower Enclosures Noise Abatement Project, Contract 04-3535, Project
70063.
OBJECTIVE: To provide construction services to install sound attenuating enclosures around
four existing degasifier blowers at the North County Regional Water Treatment Plant
(NCRWTP) to achieve compliance with the current Collier County Noise Ordinance.
CONSIDERATIONS: Engineering firm Hartman & Associates (H&A) in association with
Engineering Technologies, performed noise readings at the NCRWTP in Years 2001 and 2002
under the following three different opemting scenarios: (a) full plant shutdown as a baseline, (b)
full plant operation (both reverse osmosis and nanofiltration trains), and (c) nanofiltration trains
only. Noise readings were taken at the plant property perimeter commensurate with the current
Collier County Noise Ordinance. Based on the findings of H&A's noise readings and two
subsequent reports, the plant is largely in compliance with the current ordinance; however, two
locations (southwest and north property lines) were found to be borderline or out of compliance.
The offending equipment at the southwest property line was the existing air conditioning
- compressor units. They were brought into compliance in September 2002 by installing sound
attenuating panels around them. Subsequent noise readings confIrmed compliance.
The offending equipment at the north property line was found to be the four existing degasifier
blower units. Engineering [mn Metcalf & Eddy (M&E) designed sound attenuating enclosures
to be installed around the four existing degasifier blowers to reduce noise emanating from them.
Staff solicited competitive price proposals from three contractors under Fixed Annual Term
Contract 04-3535. Pricc proposals wcre received on April 26, 2004 as follows:
Mitchell & Stark Construction Co., Inc. $355,000.00
Quality Enlerprises USA, Inc. $375,000.00
Kyle Construction, Inc. $408,000.00
M&E has reviewed Mitchell & Stark's price proposal and has deemed it to be the low,
responsible, and responsive bid. The low bid exceeded M&E's original estimate by $55,000,
however upon M&E's closer review and evaluation, they agree that the increase in costs is
justified due to limited access to install the new equipment and limited shut down time (so that
water production to meet peak demands remains available) of existing equipment to install the
new equipment. Staff and M&E have reviewed the pricing and have deemed it to be fair and
reasonable. M&E's recommendation letter dated May 6, 2004 is attached.
It is anticipated that construction will be completed in December 2004. Final noise readings will
.- be performed at construction completion to verify compliance with the current noise ordinance.
Once compliance is achieved by this work on the north side of the plant, the NCRWTP Noise-
Agenda Item No~-t6C7 "'~-,,'
'~'~__.'.'::. ..~~'~;:;i:.::.~,.,~,.".", .,~. . ~ ::.~~J-~~~&12g?t,._.~~._.
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Approve Work Order UC-009
Page 2 of 2
Abatement project will be concluded, because the plant will be in full compliance with the
current noise ordinance.
This project is consistent with the 2003 Water Master Plan adopted by the Board as Item 10(0)
on May 25, 2004.
FISCAL IMPACT: Funds arc specifically budgeted in FY 04 for this work and are consistent
with the FY 04 Capital Projects Budget, adopted by the Board September 18, 2003, The source
of funds is Water User Fees.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the
Governing Board of the Collier County Water-Sewer District, approve and authorize the
Chairman to execute Work Order UC-009 in the amount of $355,000.00 with Mitchell & Stark
Construction Company, for the KCRWTP Degasifier Blower Enclosures Noise Abatement
project, Contract 04-3535, Project 70063.
.--
.-
Agenda Item No. 16C7
June 8, 2004
20f7
-----
COLLIER COUNTY
BOARO OF COUNTY COMMISSIONF.,RS
Item Number ~fjC'l
Item Summary Re:::omrn~-:!1d;')ticn to apprGV~l "lVc.rK Oreer Ut>009 ::"1 the ;:rnt~ur.t ot $355.000.00
vv:th r....litchel! .& Stark Constn:o::tk.n Company. f~~r the North C~.ur:ty R~gk:-nf:;
Wa:lilr Treatment Piant Degas,;;er SIGwer Enclosure;:. Nohe A~,at'lr':ent Project.
C(intract C4-3535. Projqr,t 70053.
Meeting Date 6/8:20C-4 g:CO'w Afy1
Prepared By
Peter S(;h~~ St1n!r.)r PrCo;e}~t Malu2Q~r DIIt.>
Public Utilities yu!;;;,:. Vtmt:es "ngineer;ng 5111,'2004 1Q;Q:l:c5 AM
Approved By
Stf:Vf: C3rn~U ?;;;-cha~lng;()f}roi~rat ~i'lC:1$ Oi:'m;tt>F' Oat"
Adm:~::~t:.~ti'Y~ Sp.r....;ce~ ;><;:t:hasil111 Sl1 m004 23m PM
Approved By
F~~l Mc1~;,~~!.t, W~t,u O;r<<(;lor D~t<<
Public Utilities Waler 5!1712004 ::::17 PM
Appro,'ed By
l.y..WMc! Stt::'"J';h~s;ng Agftnt D3te
A.dm;n;$t!3U,,~ Ser";i;;es Pu!'ch~~l(Jg 5;17;:::00411,1:; AM
Approved By
Wliliam D. Mullill, FE Prj",;jp~1 !>n.lj.,;:t M3113ger DOlte>
_.
Public UtUai<:H,t yl;,,:;;; liHHt:p.s f:nginf}f}r:fiv 5;H\;ZOll4 !i;211>'M
Approved By
R<iy B. An<l\>r~Ql1, P.F.. ;><;:;.::c Utmtje~ F.ngirl""d"ll Oir\>r.:tr.;; O~t\>
Public UtiHiil)s !>u:;.::c Ut;Htl"s Er,gin""ri"g 5!2112004 4.;)7 PM
Approved By
ThQm.15 Widcs Opc-r.:!I'Uor.s Oir-:..-:t-:l!' Date
PlIhlic \ltjjjti"l': S'tlhilc ut.,nt.:;,'" (;p/lfatj'>I''S ~!22iZ(i(l~ ~d$ Nil
Approved By
J h!'lI~S Vi. D~l.ony f't:h::c Ut;:ii:.:w;s Admtr::~t!t5tc:' Date
Public UliHtl".. P"bi;-c, Utmlil<3 Ad;r,ln;str~tlon 5!:16;:::00411::;~ AM
Approved By
Pat Lehnhard Administrative Assistant Date
C,,';nt'llwt""qll":''' Off:;:" Off;~.e cf Management &. I!lt:d(l"t 5iU':ZOll4 :;;2(; PM
Approved By
5w'."'n U~h~:. S\>rI'r.;, Ma'la\l~::l~nU6lJdSiel An",iy~t Oat\>
County Manager's Office Offl.:e of Management & Bu.:1get 5!2712004 t::::6 AM
Approved By
Michaei Sm}"kowskl Manag"ment & Budget Dir(-.:tor Date
COtlnty li!",n",ser'" Office om,,\> <if M"rI~9\>rn\>"t & R<;u;)'-'t S!2'r;:W(J,~ $;:l4 AM
Approved By
~.-
Ja,.,.,,,,, V. M"dd C"'''rlty M""~{l..r DlIte
Board <if Co.wty County Manager's Office
C"IT"''l''Sl'JI".."rs 5!J1IZ!l1l4Z:1S PM
Agenda Item No. 16C7
June 8, 2004
30f7
."..-..-..~-._.__..~- ...... ._.. , _.~ .---
. ~.
. WORK ORDER # UC-009
.UNDERGROUND UTILITY CONTRACTING SERVICES"
Contract #04-3535, Dated March 9, 2004
This Work Order is for Underground Utility Contractor's Services, subject to the terms and conditions of the
Contract referenced above, for work known as:
Project: NCRWTP Degasifier Blower Enclosures Noise Abatement
The work is specified in the competitive price proposal dated April 26. 2004 from Mitchell & Stark
Construction Company. Inc. which is attached hereto and made part of this Work Order. In accordance
with terms and conditions of the Agreement referenced above, Work Order" UC-009 is assigned to Mitchell
& Stark Construction Co.. Inc.
Scove of Work:
Task: Provide material, labor, equipment and supervision to perform the NCRWTP Degasifier Blower
Enclosures Noise Abatement project complete for use by Owner.
Schedule of Work: Substantially complete and ready for beneficial use by OWner no later than 130 days
from Notice To Proceed and finally complete no later than 145 days from the Notice To ProcHd.
Compensation:
In accordance with Item 4 of the Agreement, the County will compensate the Firm in accordance with the
lump sum amount provided in the schedule below.
Task Total: $355,000.00 (Lump Sum)
Any change made subsequent to final department approval will be considered an additional service and
"".,god '=""og to ~ e><~,"d Chaog' 0""'" """,""od '0 E""'", 0 of lh, ""'''''~f
PREPARED BY: _'Pj1Q;\ ~ ~ 104-
p~a , PMP, Senior Project Manager ate
REVIEWED BY: .?~/IIM
pa IE. 2:7.2 Water Director Date
REVIEWED BY: 5"/h/t:;7"
oy Anderson, P,E., PUE Director I Date .
REVIEWED BY: "7~ .,tI ~, ffi 5/1::;'}o'l
~ James W, DeLony, P.E., PutfUti , Administrator . Cafe
)'}.1 caJ~ 'f1 ~~y ~ $'-I2--O<{
ATTEST: BOARD OF COUNTY COMMISSIONERS
I Dwight E. Brock, Clerk Collier County, Florida
i
:
i By: By:
Deputy Clerk Donna Fiala, Chairman
"5- (1 ,. flit
I Accepted By:
1---- -- -- _m - ---
Mitchell & Stark Construction Co., Inc.
, ATTEST:
i (Corporate Secretary) ~~
By: t-^-S- By:
Signature
Date: :s- \ \doY I5r!~ ,..J ~....r"; ~" VJ~eRe;t~
Type Name and Title
(or) witnesses (2)
(1) (2)
Signature Signature
--_._--_.----------------------~
Print Name Print Name Agenda Item No. 16C7
June 8, 2004
40fT
FUND: 412 COST CENTER: 273512 OBJECT CODE: 763100 Project No. 70063
, --...-- --
",,-.
MITCHELL & STARK CONSTRUCTION COMPANY, INC.
"Contractors and Engineers Since 1955"
Facsimile
To: . Comer County Government - Pubtk Utilities Engineering
Attn' Mr. Pete &.halt, PMP
Fax: 239.530.5378
From: John Losch
Date: 04126104
Re: RFQ Contract #04-3535
North County R.egional Water Treatment Plant
DegaWier Blower EncloSW'es
Number of pages, indudi.ng cover sheet: 2
Dear Mr. Schalt:
Pursuant to your request we are providing herein our quotation for the referenced work.
We appreciate the opportunity to provide tbis quotation and '09k forward to your
favorable response.
,,- Please let us know if you bave any questions.
Thanks.
John Losch
;
I
I
6001 Shir\ClJ Street Naples. FL 34109
Phono: 239.~97.216S
F;ut; 239.566.786S
WW'N.mitcbenstark,c:om
-
---_._.._.._-~----_.__._._.._--
-.-------~------ Agenda Ifem-~o_:_f6C1----,--
- June 8, 2004
...---. 5 of 7
~ u~~"_". ,....
___.__."._....;;.O",,--.,_'-._,~___ __~ _ ___ _____ ___ __ _ ., ,.";...._:.u-,-:";,~..;;..;;~..;,-,-;:..;" .' . ___..._..____
.....~_..
~_.~-, ------.- . ~--_....
--- , ~--"., _.,.,--~-,~
. ......
SECTION 00310
BID SCHEDULE
DEGASIFlER BLOWER SOUND ENCLOSURES
Item 1. Dei1:asifier Blower Sound EnelosuX'es, in $ 295) OOOo~
accordance with the Contract Document~, complete,
the lump sum price of
T WI-I J..t Ll N 0 (l..~ N jN to... .,." - ENE
'TH ft i..l c;, i<'t--N 0 Dollars
. and NO Cents
S 60.000.00
Item 2. Allowances. in accordance with the Section
01153 of the Contract Docmnents.
. - l:l N'
Total of Bid Items1.and 2, 1l-\f2..€:e: t.lND(2E:D s 355,000-
r-: I r:- "'t:"Y .- 4- III e "1.,..( 1111SA-N ~ Dollars
and Nt"' Cents.
Allowances item is for work not defined, and the Owner may elect not to award work under
! this item. The Owner is under no obligation to pay the Contractor under this item,
.
(SEAL) M.'1Juu J )~k. CturJ. (,'/ J."t, By ~~.
(Name of Bidder) (Signature and title of &-.'tJA A~J V; ~
authorized representative) ".-, ...
{,ON ~~(V~~ 9:
(Business address)
.u~ R JY/t>Cj
( Ity and State)
Date If. 'l.~ ."y. .
NCRWTP Deguifier SIl1W1:T Enclosures WS.P-2 Aflril \,1004
Agenda Item No. 16C7 .
June 8, 2004
60f 7~~~
.........--
, ftf~E
. " :. P. U. E. D.
-"
Metcalf & Eddy '04 KAY 12 AM l(): 1 9
/IN ^ E COM COM""HY
May 6. 2004
Mr. Peter Schalt, PMP
Collier County Public Utilities Engineering Department
3301 Tamiami Trail East, Bldg. H3
Naples, Florida 34112
Subject: North County Regional Water Treatment Plant (NCRWTP)
Degasifier Blower EnclosUres, Bid # 04-3535
Dear Mr. Schalt:
Metcalf & Eddy has reviewed three responses to your request for quotations on the Degasifier
Blower Enclosures project at the North County Regit;>nal Water Treatment Plant. We reviewed
the following bid proposals:
Mitchell & Stark Coristruction Company, Inc. $355.000.00
.- Quality Enterprises USA, Inc. $375,000.00
Kyle Construction, Inc. $40&,000.00
We have reviewed the bids and find no irregularities. We recommend award ofthis project to
Mitchell & Stark Construction Company. We believe their bid is fair and reasonable for this
work.
Please contact me if you have any questions.
Sincerely,
METCALF & EDDY, INC.
1~ D,j~
Frank O'Hara, P.E.
Project Manager
cc: Nick Cooper
Alejandro Toro
,- Metcalf & Eddy, Ine.
3740 Executive Way Phone: 954-450-7770
Miramar, Florida 33025 Fax: 954-450-5100 Agenda Item No.16C7--~
June 8, 2004
.70f7
._-_.... ..
- -"-- _"h' --.-.-- -"---
",..-,..
Executive Summary
Recommendation to approve Work Order UC- 013 in the amount of $729,000 for
Pump Station 107 Improvements to Douglas N. Higgins, Inc., under contract 04-
3535 - Annual Contract For Underground Utility Contracting Services, Project
73945.
OBJECTIVE: That the Board of County Commissioners, as Ex-officio the Governing
Board of the Collier County Water-Sewer District approve a work order for Pump Station
107 improvements to Douglas N. Higgins Inc.
CONSIDERATIONS: This project is consistent with the 2003 Wastewater Master Plan
adopted by the Board as Item 1O(C) on May 25, 2004 and is consistent with the current
Fiscal Year Capital Improvement budget approved by the Board on September 18,2003.
The project is needed to increase pumping capacity to meet service needs and to keep
pace with growth.
In accordance with the procurement policy of the Collier County, under contract # 00-
3119, Professional Utilities Engineering Services, dated April 10, 2001, staff approved a
work order to Greeley and Hansen LLC, to provide engineering services related to the
,............. design, and permitting services for the Pump Station Improvements.
In accordance with the procurement policy of Collier County, staff requested cost
proposals from five contractors under contract # 04-3535 "Annual Contract for
Underground Utility Contracting Services" dated March 9, 2004. This contract requires
that work order over Two Hundred Thousand Dollars ($200,000.00) must be reviewed by
the County Attorney and approved by the Board of County Commissioners. Staff
received cost proposals from four of the five contractors and concluded that Douglas N.
Higgins Inc. submitted the lowest, qualified and responsive proposal for Pump Station
107. The proposal amounts were as follows:
Company P.S.Improvements BVDass Pumuine Total
D.N.Higgins $569,000.00 $160,000.00 $729,000.00
Quality Enterorises $561,875.00 $167,500.00 $729,375.00
Kyle Construction $565,287.00 $291,500.00 $856,787.00
Inc
Haskins Inc. $685,000.00 $190,000.00 $875,000.00
The Contractor has satisfactory performance records on previous projects involving
similar work.
A ten percent (10%) contingency is being requested for this project and any changes in
..- excess of the contingency will be brought to the Board of County Commissioners for
approval.
Agenda Item No.16C8-~q.
June 8, 2004
1.of 5
.- __..__..".,>O..~...," ..,.,-.._-'....'""..,,- --,'"-.,~... - .'_"'~"~""__"'__"""'N"'"
~".. -~<-_..'"._,.....~,.,_....,,,. ~'.,
Executive Summary
Approve Work Order
Page 2
FISCAL l.MP ACT: The total amount of funds required for this obligation, including
contingency, is 801,900.00. Funds in the amount of $711,700,00 are available in project
73945. A budget amendment in the amount of $89,290.00, which includes a contingency
of approximately 10%, is necessary to fund this project. Funds in the amount of
$89,290.00 are available in NCWRD Rec. Water Main - Livingston Project 74078 for
this budget amendment. The source of funds is Sewer Impact Fees.
GRO'VTH MANAGEMENT IMPACT: This project will benefit the County and is
<.:onsistent with and furthers the Goals, Obje<.:tives, and Polides of the Collier County
Growth Management Plan. This project is consistent with the 2003 Wastewater Master
Plan adopted by the Board as Item 1O(C) on May 25, 2004.
RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the
Governing Board of the Collier County Water-Sewer District~ award work order in the
amount of $729,000.00 to Douglas N. Higgins for Improvements to Pump Station 107;
authorize the necessary budget amendment including the contingency~ authorize the
Public Utilities Administrator or his designee to execute the necessary work order.
"'~....
_.
Agenda Item No. 16Ca
June a, 2004
20f5
"---
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONF..RS
-
Item Number 16C8
Item Summary Rr.:omrr:f~nd3ticn to <<lpprGv~'3 V.,tc.rK Crder '# lJC- 013 i:1 thf, amCL.::"'It of $129,000
fm Pump Stalic-r, 101 Improvem"ni5 i.:) Dou.;;lil5 N. H;gg:ns, ;nc., lInd"r ccntmct
04-352.5 - Annual Contn:1ct For Underground Utility Contrd(~t:ng Services"
Prc);,ct n945.
Meeting Date 6,'g,'2fH14 9~CC'OO Afv'
Prepared By
Sh""Il-.l S,:dh",' Pr(JJ~(;t Mc1!W~~! Olll...
Public Utilltic,; Pub;;, IJtmtles E"ilincerln~ 5111/2004 1();():!:():; A.M
Approved By
Linda .lllck~Qn i;Qntrl'lctl'; ASj<,nt Ul'lt<1
Adrt.:r;:~tn\tivtl S~rl(ic.!l:$. ;>",'.:h;1s;n9 51?1:10114 S.;).~ PM
Approved By
W;I;,,,,,, O. MIJII;(,. PE ?dnd;'>:rl! Fr(JJ~(;t M~!!;'~~f D~t"
Public Utiiitics ?",b::c Ut!m;.:~ En9lnccr;ng 5!25,:<004 tl:15 AM
Approved By
Rcy fl. Andp.r1.on, P f:. Pt:n::<: lJt"Ht:"" r::"glnccring l)irp.ctor O"tP.
Public Utilit;c!. Put.l;!: Ulmties E"gh'''...r,n~ 5f25,'2004 5:25 PM
Approved By
Jcscph B. Chc:.thsm Wllst.,wst"r Dirl<ctcr O;1t...
,--
PubJir.. Uti~;tt(l!1$. V'''~:c;ta\o''iJt~r rr~:'Jtm"nt. !i1?:;/ZCIl4 H;;:;:l1-M
Approved By
Tho""'~lI Wid"l< Opp.r~t;c"l< l),r/lctrn- O"t"
Public UtiHHt1s ?:.:uHc Ut:tit:!!'$ Cperir)th>r':ir 51.251.20044.311 PM
Approved By
Stcvor: Camell P"'f1:hz~;ng:Generzi Svcs Director [late
Adm:~:$tr;,tjvfJ S.t.""Jk.;,,~~ ~lt::"Ch"gjng 5125!200" 10'3'7 AM
Approved By
J"~IU W. l)..Luny P"h;;c U\ilities Adm;n;~tr"le" l);1t/l
Publh::: UtiHtif4!. Put.;;!: UWit,es Ad'nll'\;st(~tio" 5126:2004 12:U PM
Approved By
Fzt Lehn~'i>rd Jo,-:1minlstra!l\'e A~~istant Dzw
Cl>I;"t>j $.l:;;':;g""'~ (lff'l;<1 I)ffk... cf Mllnllgp.mp.nt &. Bl:d(l<1t !ii?f.:ZCll4 :;::;1 PM
Approved By
SlJSlln Us:'"'' 5"",e; Ma'lag"",,,.,VBlJdge\ Ana!yst O"t..
Co",nty Mar.as;er's Office Offi,;] of Manag~'n...nt & Bu-:19ct 51271:<0042:29 PM
Approved By
Michae; Smylcowskl Mzr,ag""'~r.t & BUd9Clt Oiror:,tcr [late
Cel:nty M"'Mg/l('S Officp. omc.. cf !,Il"""!:I'''''''''\ & 8",0;)"t Si25/2(l().\ 1:,\$ PM
Approved By
J"""'''1\ V. M..drJ CClJ"\Y ""'fI"~1"1 D;1I/l
Betlrd cf C"':lfIly County Mznzger's cti;ce
Cl>Ff'",:.,,,Il>;'"'''' 5131,:<004 3:27 PM
Agenda Item No. 16C8
June 8, 2004
30f5
-_..~.
--,~
WORK ORDER" UC-013
"Annual Contract for Underground Construction" 'i.l ~OO Y
Contract 'H 1141", dated M., flI, 7ftjU MG,if"cJ..
. d; olf--3535
This Work Order is for. eral Contractor's Services, subject to the terms and
conditions of the Contract referenced above, for work known as:
Project: PumDinc Station Imorovements - 1.07
The work is specified in the proposal from D.N. Hieeins Inc. dated May 13,
2004. which is attached hereto and made a part of this Work Order. In accordance
with Terms and Condittons of the Agreement referenced above, Work Order # UC-013
is assigned to D.N.HICQins Inc.
(Firm Name)
ScoDe of Work;
Pump Station Improvements - PS 107
Schedule of Work: Complete within .12.Q. (one hundred and sixty) days.
Lieuidated Damaaes' Per Letter dated Acril 21 2004 from Lvn M. Wood. Purchasine
Aaent Collier Countv Goverment.
Comcensation: In accordance with Item No.3 of the Agreement, the County will
compensate the Firm in accordance with the negotiated lump sum amount provided in
the schedule below.
Pumping Station 107 Improvements $569,00000
Bypass Pumping $160.000.00
TOTAL $729 00000
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 0 f he A reement.
PREPARED BY: ~ 17104
Sha i Sridhar, Project Manager Date
Public Utilities Engineering Department
AUTHORIZED BY:
William D. Mullin, P.E., Principal Project Manager Date
Public Utilities Engineering Department
AUTHORIZED BY:
Joseph B. Cheatham, Wastewater Director Date.
Wastewater Department
APPROVED BY:
Roy B. Anderson, Director Date
Public Utilities Engineering Department
APPROVED BY:
Steve Carnell, Purchasing Director Date
Public Utilities Engineering Department
D.N HIGGINS INC..
~~5-~_____ ~
Brandy L. Bartolone, Regional Manager
Witnesses (2)
(1) ~ (?)o-:~
Signature Ignature
"-OM 'F-. \-\ \ C\L? C herr J f, n...nJ
(Print Name) (Print Name)
Approved as to Form and Legal Sufficiency:
Thomas Palmer, Assistant County Attorney
Agenda Item No. 16C8
June 8, 2004 ~_.--.-
Page 1 of 1 40f5
....
,
~_. COLLIER CO'(JNTY FLORIDA REQUEST FOR QUOTATION
Master Pump Station 107.00 Rehabilitation
PROPOSAL PAGE
DUE I?ATE: May 13,2004 at 4:00 pm
. The undersigned, as quoter, hereby declares that he has examined the specifi,cations and informed himself
fully in regard.to all terms and conditioD.s pertaining to the proj~t an~, if this Proposal is accepted, to
..furnish same in full, according to the following:
~ Description !J11it Quantity T9ta1 Price'
1 Pumping Station 107.00 Improvements LS 1 $ 569,000.00
2 Bypass Pumping LS 1 $160,000.00
. TOTAL BID PRICE $ 729,000.00
,
IN ~'ITNESS WHEREOF, WE have hereunto Subscribed our names on this ~ day of May ,
2004 in the County of Collier , in the state of Florida
--
DOUGLAS N. HIGGINS, INC.
Firm's Complete Legal Name
Phone No.. 239-774-3130
-
FAX No. 239-774-4266
Email: d nh IOQlnsna ples(Q'laol,com
2887 Tamiami Trail East, Suite 1
Address
Naples, Florida 34112
City, State, Zip
~B~~,~ ~
. Signature
.' ..
Received: Regional Manager
Addendum 1 4/29/04 . Title
Addendum 2 5/1 0/04
Brandy L. Bartolone May 13, 2004
- Name Typed/Printed Date
Agenda Item No. 16G8
June 84 2004
SofS
_"0_'_ u_
... -.." '".._~ .~-<
_.
Executive Summary
Recommendation to approve conunittee selection of firms for "Invitation to
Qualify" ITQ #04-3648 for Dredging Contractors to compete for the Collier County
& City of Naples Major Beach Renourishment Project, #90527
OBJECTIVE: To seek approval of the list of dredging contractors for the major beach
renourishment project The contractors listed will be invited to submit cost proposals for
the project, the second and final step of the selection process.
CONSIDERATIONS: Collier County Public Utilities Engineering Department has
planned a renourishment project for the greater portion of the beaches in Collier County
and in the City of Naples to begin in November, 2004. The permitting for the project has
been ongoing for approximately seven months, and approximately $1.3 million has been
committed to this effort.
An "Invitation to Qualify" (ITQ) was issued on April 9, 2004, seeking dredging
contractors capable of performing the County's beach renourishment project in a given
time frame. Two addendum issuances followed. Final submittal packages were due from
interested bidders on May 7, 2004 and five submittals were received. A selection
committee reviewed these statement-of-qualification submittals from five dredging firms.
..- Of the five submittals, three were selected by consensus of the members for
recommendation to the BCC for invitation to submit cost proposals (tirms are not listed
in an order of ranking):
Bean Stuyvesant, LLC
Great Lakes Dredge & Dock Company, Inc
Weeks Marine, Inc
These firms were selected with a ranking system used by committee members on an
individual basis. Each member was given one copy of all submittal document~ from the
contractors who had participated. The committee member then scored the contractor in
six categories: 1) Contractor's Credentials, 2) Expertise of designated staff, 3) Previous
Performance on Similar Jobs, 4) Managerial Capabilities, 5) References, and 6) Services
to be Provided (project-specific requirements). Committee members individually
assigned points to each contractor then tallied all points and brought their final scores to
the Selection Committee Meeting. The Purchasing Department then ranked the
contractors based on Committee members' scores and resulting individual ranks. The top
three were then chosen, by consensus, to be recommended to the BCC as qualifiers to
submit cost proposals.
FISCAL IMPACT: Tourist Development Tax funds in the amount of $14,450,000 were
approved by the BCC for this project at their meeting of April 13, 2004 (item 16.F.5).
Grants from the Florida Department of Environmental Protection and FEMA will be
sought to offset the cost but are not yet final. Additionally, Pelican Bay Services
-
Agenda Item No. 16C9
; June8,2004 . -
.~~....f~,;:. .,: ~.*, 1 of 3
..".~,;.,,,~,'.,,..,....~....__."-- ",""'".,--.._-",_...., "',---''''''''-''
~~--,..'.__.."",~~...<
Division is conuibuting $738,300 for that portion of the project that does not meet the
TDC category "A" funding policy.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth
Management Plan related to this a<.:tion.
RECOMMENDATIONS: That the Board of County Commissioners approve the
committee's selection of fIrms.
,-
-
Agenda Item No. 16C9
June 8, 2004
20f3
'-----'
COLLIER COUNTY
EOARD OF COUNTY COMMISSIONf..RS
Item Number 16C9
Item Summary R€commi:nd3ticn to appmv., o.1mmittee seiecticn o! tirms fr:r .in\~tation to
Quaiify" iTQ #04-3648 fcr Dredging Conlra'::!Grs to competr, for the Coil!f,;
C.:.:unty & City ot N3pies Major Beach Renourishmer,l Project, #90!J27.
Meeting Date 6/8:2004 9:00:00 AM
Preparei By
R~ St,;sf!~ c.ox: P .E. St1'ntor Prc-jt)t:t M~nager Oahl
Public IJtilit;"" ?<;I;>::;; tftlHt:es !:n(liFlfl"r't'g 5111tZ004 1(Ui:Ui5 AM
Approved By
Rot' .;ove!l ap;;.cilll ?rejt>;;ts M'Jt''J!ii;;r (lllm
Public Utilities Pub!ic Utilit;~s Er'{jin<<<<r:r:g 512512Cil4 10.43 AM
Appro\'ed By
Rc)' B. Ancl",son, I' .E. Pub!ic Utilltie;1 Er'{jin<<<<,;r:g Dj,,,ctor o..t"
l"ublic:Utlliti"", Pu!>,"': Ut.lit..;;.!; r::"ll;nt>t>f:ng 5!251200t. ~'?3 F'M
Approved By
Tholl1as Wid"s O""".\l<>ns Oi,,,,cto:' l);lt"
Pul>li~ Utilitj",," P>.;!:.;i~ Ut:lWes Op~r..t;cr:s 5!25,'20QA. 4:A.! PM
Approved By
Steve Carnell P,uchaslnglGer:,.;al S'lCS O,reetl>; Date
Adlf':,",>t.rativt> ~;e""k...s P';"'cha~ing 51?f.tZ004 Hi;;;/! JoM
Approved By
l.yn W<Jf;cj P<;:\:hllsillg A!j"'''l O"t"
A(.!m:n:$trc1t~\I~ S~r\'i~Si Pun:has;n;} 5126t2C04 !.I.39 AM
Appro\'ed By
James W. D<;Lony ?ul>Hc UtHltl.,s Adm;n;straror Data
Public lltilitj"", P,,!>:;c Ut.:tit..;;" Admin:stl'lltJ"t' 5!2iiI2l!(lt. 12'1.~ PM
Approved By
P.\ t."h..."'ard Ad"",i"i,.t(~\;.o; Assistant l);lt"
COlinty M'm<1!;O"!"'S OffiCE> Offica 01 Mana{jamant & Budgllt SiZ~2004 J:Jij PM
Approved By
M~rk fs~(:;t.so.r! :3udgC!t Analyst Date
Cc",,,ty Mar:a!j""'s ornc" Office of Mll...ag"mt>...t & B"d{4",t Snm004 3. HI PM
Approved By
Mi;:hlile; Sm)'lco'Nsld M;}...a~~IY!E>r:t.1 5ud{j"t Olrf:<.to( o..t"
County Manager's Off,ce OfficE> l>( Management & Budget 512712004 6:49 PM
Approved By
.lll"'''''' "oJ, M'ldd <:Oll"tj Mllo"(l'" Datt>
Beard of CO:lllty COUllty Mlilnag"r's Of!i::e
COt'nffl:~sit,)n~r!'\ 512112C043.<\.1 PM
-
Agenda Item No. 16C9
June 8, 2004
30f3
_.....~-~--~-. -,-.. ,e_" "-
.,~,
Executive Summary
Recommendation to approve award of bid 04.3664 in the Amount of $822,998 for
Pump Station 103 Improvements to Douglas N. Higgins Inc. Project 73945.
OBJECTIVE: That the Board of County Commissioners, as Ex -officio the Governing
Board of the Collier County Water-Sewer District approve award of bid for Pump Station
103 Improvements to Douglas N. Higgins Inc.
CONSIDERATIONS: This Project is included in the 2002 Wastewater Master Plan
Update adopted by the Board of Collier County Commissioners on February 25, 2003,
under Item 10(A) and is consistent with the current Fiscal Year Capital Improvement
budget approved by the Board on September 18,2003.
In accordance with the procurement policy of the Collier County, and under contract 01-
3290, Fixed Term Utilities Engineering Services, dated September 10, 2001, staff
approved a work order to Agnoli. Barber and Brundage, to provide engineering services
related to the design, permitting, and construction services for the pump station
improvements.
In accordance with the procurement policy of the Collier County, staff received bid
~ proposals from five contractors. The bid proposal amounts were as follows:
Company Base Bid Alternate Bid Bid
w/Alternate Bid
Douglas N. Higgins Inc $912,998 $33,000 $822,998*
Encore Construction Company $899,000 No bid $899,000
Quality Enterprises USA Inc $1,161,125 No bid $1,165,125
Mitchell and Stark Construction Inc $1,170,000 No bid $1,170,000
TLC Diversified Inc $1,261,800 No bid $1,261,800
Staff requested the bidders to submit an alternate for the line item 3 - Force Main bypass
in the bid schedule. The bidders were instructed at the pre-bid meeting that if an alternate
plan is proposed for the line item 3, and accepted by the County, as specified in the bid
schedule, the base bid price will be adjusted based on the cost of the proposed line item
3A-Alternate bypass system to determine the lowest bidder for this project.
* The cost on the line item 3 submitted by Douglas N. Higgins is $123,000.00. The cost
for the item 3A- Alternate bypass system is $33,000. Therefore, the base bid is adjusted
to ($912,998 - $123,000) + $33,000 = $822,998.00. After the award of bid. a change
order will be processed to reflect this amount. This is a savings of approximately
$76,000.00 to the County when compared to the base bid submitted for this project.
The Engineer's estimate for this project is $1,264,258.00. The County saved
~ approximately $300,000.00 when compared to the average bid because Douglas N.
Higgins Inc. is the lowest bidder for the Pump Station Im~rovAg~~~aWJrR~.cf6~10
June 8, 2004
c,t';;:~';::-1or5""'" .""0,'
'-.",. '_~"'''''''__''__",_'_;n. .,....,-,,'.-....."'.........,' "-"'..~..""_._"-,.,.~
Executive Summary
Award bid Contract to Douglas N. Higgins
Page 2
similar project, and is in close proximity to this project. Therefore, Douglas N. Higgins
Inc. was able to submit a competitive bid proposal to the County.
Staff concluded that Douglas N. Higgins Inc. submitted a competitive, qualified and
responsive proposal. The Contractor has satisfactory performance records on previous
projects involving similar work.
FISCAL IMPACT: The total amount required to fund this project is $822,998.00. A
budget amendment in the amount of $1.0 million, which includes a contingency of
approximately 17%, is necessary to fund this project. Funds are available in project
73132 East Sewer Force Main Interconnect. The source of funds is sewer Impact fees.
This project may qualify for a low interest State Revolving Fund (SRF) Loan. An
application is currently being prepared to submit to the Florida Department of
Environmental Protection. Tn the event, SRF Loan funds become available as the
permanent financing source for this project a budget amendment will be prepared at that
time. 17% contingency includes the application fees, loan fees and other fees applicable
to obtain this loan.
GROWTH MANAGEMENT IMPACT: This project will benefit the County and is
consistent with and furthers the Goals, Objectives, and Policies of the Collier County
Growth Management Plan. This Project is included in the 2003 Wastewater Master Plan
Update adopted by the Board of Collier County Commissioners on February 25, 2003,
under Item 10(A).
RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the
Governing Board of the Collier County Water-Sewer District approve award of bid to
Douglas N. Higgins Inc. in the amount of $822,998 for the pump Station Improvements
103, project 73945; authorize Budget Amendment in the amount of $1 million including
the contingency; and authorize the chairman to execute the standard construction contract
after review by the County Attorney.
.............,
Agenda Item No. 16C10
June 8, 2004
20f5
. ----~
COLLIER COUNTY
SOARD OF COIJNTY COMMISSIONERS
Item Number 1fjC10
Item Summary R.~:::on'mf:nd:lticr. to appr~"}v~ aware ot bid 04.3tC4 in the Amount of $822,998
;or Pump Slaticn 103 Impicv~ments to Douglas N. Hi99;;l:; Ini;. PmJE'ct 13945.
Meeting Date 613.'2004 ~~:nG:oo AM
Prepared By
Slumthi Sridhar Praj{:(;t Mc1!'c1g~! Oa~
Publir. I)tiHth.." ;>s;t>:;;; llt:!it;es 1:"''JinF",r;rljj :ii11:Z0ll4 H,,;;:I;(;:; AM
Approved By
\'Iimiam O. Mulli.... PIE P.ino.:.pal Pmj"et Me"'!l'JM O:ot"
Puclie um.ti>>s ?ul:J::c UtiHt,,,s E('{Jin<<<<ri"g 5i25!2004 10.03 AM
Approved By
Rcy Il. Anderso", P .E. ?ubHc Utmt;.:s Ell$lineed...g Director D3te
P"hlic: Utiiiti~lt P"h:;c H~;n~;,,!; r::"gin""ring 5!25i2(t(M S'?9 PM
Appro\'ed By
.Jr;~"fJh B. Ch"r.thr.", Wa"\awr.t,,. o;,,,e;t,,, Date
Public UtiHti(:!. V"ust~Y';i:lt~r Tr~C2:.:n~llt 5!25/1004 10::;6 AM
Approved By
Thom<:s Wides Oper<:!;:>ns Director Date
Publir. UtUiti"" ?~;t1:.c lftHit:~$ Opt.n~ticn~ :iinJZOil4 4;5:~ PM
Approved By
I.)' n W<",d Pun.:ha"ing Ag",.\ O"t"
Adm:n:stratlve S.:olVlv:'~ ?urcha!:ing 5!2G!20041t::l7 PM
Approved By
StC;i<- C3rneU f'urchaslag.rGer:ernl Svcs O~~ectcr D3tc!
Adm:~:~t!'~ti,,~ S9P;k:9~ Pu(r;br.~;(J(j 5f2.';2(t{J~~ 7:50 AM
Approved By
J...m<<!o W. DeLon)' Pub;;!. UtiiWe'li Admlt'!,st(...tor Oat"
Public Utilltie;; Pu;,;;.: I.Jt:Hties Admlr;lstr3tion 5l27/1004 12:5:5 PM
Approved By
f',,~ I.~hllr."rd Admlni$trntiv... ;.""jlttllllt. [lam
Cr;;.mty M.".Ii~;'''' Offie;" om...... cf MAnAgement & Bud{l"t 5iZ7!10ll4 3.07 PM
Approved By
SU!a;'!, Usher Senior Manllgem41"VSudget AM.!yst O...t..
Ccunty Manager's OfflcC! Offl.:" of Management ~ Ilu,:f$let 5!2712004 ~:$O PM
Approved By
Mj~hlle! Smykowski l,larl"g'-'fTl"r;t & i~"dg",t [)ir,,;;:f.<>f Date
Ccu...ty M.mas*('" Off;.::e omc" r;f M"""g"m",.\ & Budila\ &!1!2!iO.t 9;51 AM
Approved By
Leo E. Oell", Jr. D~~~ty County ManaQ~1" Oat"
Bo>ar<l cf Cc,wty C:nsmtj Mall"'J~r'!; ("1ft;,.....
_. C(;mm:~sj(mflS' ~ 1;!1r.W(t" 11'03 AM
Agenda Item No. 16C10
June 8, 2004
3of5
---,--- "",'-" ,WO'" --~-
,~-"..
Bid 04.3664 Project Manager: Sandy Sridhar Notices Sent: 112
"Master Pump Station 1.03 Improvements" Date Posted; April 16, 2004 Packages Received: 5
Due: May 18, 2004
ON HiQQins Encore Quality TlC Diversified Mitchell & Stark
ITEM DESCRIPTION
1 Pump Package including 4 pumps float
switches, pump bases, rail system lifting
cables. wet well coating, and all other
necessary hardware.
Unit Cost (LS
Total Cost (1) $462,998.00 $350,000.00 $440,000.00 $37,000.00 5440,000.00
2 Sit. work - new driveway, gale (matching the
existing), restore site to pre-construction
conditions.
Unit Cost (LS
Total Cost (1 529,000.00 $25,000.00 $39,375.00 $53,000.00 $60,000.00
3 Force main Bypass -Install, operate and
remove bvoass system as detai led.
Unit Cost-(LS
Total Cost (1) $123,000.00 $ 150,000.00 $288,750.00 $365,000.00 $280,000.00
4 Electrical- Furnish and install all material
detailed on sheets El through E3 including
VFO's, new generator, controls, switch gear,
and other necessary materials and labor.
Unit Cost ILS
Total Costel $285,000.00 $250,000.00 $347,500.00 $327,800.00 5360,000.00
5 iEquipmllnt removal- remove existing pumps,
iwiring, controls, VFO's, generator and other
,equipment specified for replacement. All
leqUiPment shall become the property 01 the
contractor and shall be removed and disposed
of bv contractor.
Unit Cost (LS
Total CosUl $13,000.00 $ 124,000.00 $45,500.00 $79,000.00 $30,000.00
TOTAL BID $912,998.00 $899,000.00 $1,161.125.00 $1,261,800.00 51,170,000.00
Agenda Item No. 16C10
Page 1 of 2 June 8, 2004
4of5
-
Bid 04.3664 Project Manager: Sandy Sridhar Notices Sent: 11 Z
"Master Pump Station 1.03 Improvements. Date Posted: April 16, 2004 Packages Received: 5
Due: May 18,2004
I ON HiClClins Enco re Qualitv TlC Diversified Mitchell & Star\(
I ALTERNATES
ITEM :OESCRIPTION
3A Atternate bypass system. Contractor may
propose an alternate force main bypass
system. A complete description of the
provisions to be made must be detailed. A
written detailed plan must accompany this bid
to be considered.
Un~ Cost {lS
Total Cost (1 $33,000.00 No Bid No Bid No Bid No Bid
MATERIAL MANUFACTURERS Y Y Y Y Y
LIST OF SUBCONTRACTORS Y Y Y Y Y
STATEMENT OF EXPERIENCE OF BIDDER y y y y y
TRENCH SAFETY ACT Y Y V Y Y
CONFLICT OF INTEREST Y Y Y Y Y
BID BOND Y Y V Y Y
Addenda Acknowledoed (Y/N) y Y Y Y Y
ACIent,lvn Wood
Witness:Sue Hebbe
Agenda Item No. 16C10
Page Z of Z June 8, 2004
50f5
-.
--, "..",...."'. ~"..~ ''- .~,::!"""'::..~'.,..,..,.-'
'N""_._,~, -"~~ "~-"
"~,-,,
EXECUTIVE SUMMARY
Recommendation to approve a Budget Amendment in the amount of $35,000, and a Work
Order, under Contract #01-3271, Fixed Term Professional Engineering Services for
Coastal Zone Management Projects, with Humiston & Moore Engineers for Hideaway
Beach Renourishment Plans, Specifications, Construction Cost Estimate, and Bid
DocumeDt Preparation, Project 90502, iD the amount of $45,000
OBJECTIVE: To obtain Board of County Commissioners approval to execute a work order
with Humiston & Moore Engineers (H&M) for phase three of the engineering services related to
Hideaway Beach Renourishment.
CONSIDERATIONS: On September 11, 2001, agenda item 16.C.13, the Board approved the
Hideaway Beach Renourishment design and permitting with a budget of $335,500. On March
25,2003, agenda item 1O.K, the Board approved a budget amendment in the amount of $165,500
bringing the total budget to $501,000.
On April 13, 2004, agenda item 1O.e., the Board directed the completion of design and
permitting efforts with Tourist Tax fWlds and that all future construction costs and engineering
costs directly related to the construction will be cost-shared with Tourist Taxes only funding the
~.'-''''. removal of the temporary T -groins and the construction of the permanent structures.
A work order for $85,220 was negotiated under a fixed tcrm contract with Humiston & Moore
(H&M) Engineers to design a 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.
The next phase involved applying for the permits and responding to pelmitting agencies'
requests for additional information. On June 24, 2003, Agenda Item 16.e.18, the Board
approved a work order for Phase 2 - Permitting for $103,000, which consisted of preparation of
permit applications, attendance at coordination meetings, and responding to Requests for
Additional Information (RAI). The Florida Department of Environmental Protection (FDEP)
sent the first RAI and H&M responded to the first RAI.
H&M had initially recommended an additional $30,000 based on limited knowledge o[ FDEP's
second RAl. On April 9, 2004, FDEP sent RAl #2. On April 16, 2004, H&M sent the County a
letter outlining FDEP's list of remaining permitting requirements along with H&M's estimated
cost to address each item. It was estimated that a total of $44,900 would be needed to complete
the work required to address FDEP's RAI #2, along with $5,100 to address the Florida Fish and
Wildlife Conservation Commission's concerns, for a total of $50,000.
On February 6, 2004, Humiston and Moore sent a proposal for Preparation of Plans,
Specifications, and a Construction Cost Estimate for $38,580, Surveys for $58,200, Bid Phase
..01'........ Services [or $32,000, Construction Observations [or $180,000, and Preparation o[ Record
Drawings for $25,360.
Agenda Item No.16Ct1-:"..~.
June 8, 2004
10f7
"".,,,.,~ -."";~''''''''_'''''__'..v____'_'' .-~"""""""--,,;,,"'^".....*",,,>'.'._"'~.'"H."" ...-""....-..,,,,,,,,,,,,,,,,,,,,,., ,~"'''''~,""-'';'~
On April 13, 2004, agenda item 10.C, the Board approved a $4,450,000 funding plan for the
construction of this project. Tourist Development Taxes will fund $2,488,000 for the
construction of structures, and the City of Marco Island will fund $1,969,000 for the placement
of sand.
On May 13, 2004, the Coastal Advisory Committee (CAC) recommended $45,000 for the
preparation of plans, specifications, bid documents, a bid schedule, and a construction cost
estimate for two different bids - sand placement and structures (T-groins and jetty) construction.
On May 17, 2004, Humiston and Moore submitted a revised proposal for the above items. On
May 24, 2004, the Tourist Development Council recommended approval of a $45,000 time and
materials work order.
The fees for the engineering tasks incurred thus far are summarized in the following table:
Enl!ineerinl! Task Task Fee
Oesilm $86.482.50
Sand Search $210,448.00
Mal!lletic Anomalv Investil!ation $13.117.39
Permitting and RAI #1 $103,000.00
RAI #2 $50 000.00
Permit Fees and misc. items $24,082.36
-;., SubTotal Encumberances $487130.25
Preparation of Plans, Specifications, Construction $45,000.00
Cost Estimate, and Biddable Documents (this
Executive Summary)
TOTAL $532.130.25
Current Budget $501 000.00
Proposed Budget Amendment $35,000.00
Proposed Revised Budget $536,000.00
FISCAL IMPACT: The project has an unencumbered balance of over $13,800. A budget
amendment in the amount of $35,000 is needed to provide enough funding for the $45,000 work
order and allow for a small contingency. The source of funds is the Tourist Development Tax
(Fund 195).
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 Budget
Amendment in the amount of $35,000 and authorize the Public Utilities Administrator to execute
a $45,000 time and materials work order with Humiston & Moore Engineers for engineering
services related to the development of plans, specifications, a construction cost estimate, and bid
documents for Hideaway Beach Renourishment.
-
Agenda Item No. 16C11-~-=~
June 8, 2004
20f7
-.
COLLIER COUNTY
,- BOARD OF COlJNTY COMMISSIONF..f:lS
Item Number 16C11
Item Summary Recomm;::ndaticn to appmv,l a Bud9'11 Amf:ndment in the amount ot $35,000.
;md a \Nork Orcer, u;.,d'lr Gcntract #01.32i'1, Fixed Term Protess!onai
Engineerh1g Services ~or Coastal Zt"JnB ~/tanC)gen.:Bnt Pr(J.:tl(;t~, v,,.ith Hurn=Btor. ~c
MO(Ha Engina.ars 10r Hidaa\'\!3Y SB.:'fCrl R~n(jl;ri;,l1rr:ent PJ~~ns. Specifications.
ConstnJ(;!:..-.'n Cost Estimata. and Bid D(:(;uma.nt Praparatk";!I'":.. Pn.1Ject 90502, in
the amount !.if S~A.5,OGO.
Meeting Date t3JS:2{l1.-4 9:00000 AM
Prepared By
Paul Kwa Projlo"'t M...n"'9"! Date
Public l.!tlllti;:,;, Pub;;!: umWes E:lilin.,"r;~g 5f1111004 10:0~:OS AM
Approved By
Ron ~ioveH Sp"cial Projects M;:m<l~'~r Oat"
PlSl;li<.: UWlU"1; P"U;;" Ut;litie~ F.n~lj"IoIor:"\l 5125iZ004 'f .21\ AM
Approved By
P.c,' B. AnrJ"f1;on, P .E. Pub:::; Utmt:*~ E!1~~in~*r:::9 O;:,(;Sr;too' O"t"
Public Utilities ?ubHc Ut;llt;.~~ Enginecr,ng 5!25i2tl04 5:Z'J PM
Approved By
Steve Carnell $tl::'T;h1.lsjnW(~fH'~~r31 Svcs :);...~ctcr ')ate
Adm:~:~t!util(fI S.w1'Vlc"S P,,!<.:ha<;;f1g 5f2;;i7.Q(J,~ 11 :4$ AM
.-
Approved By
J~(;!(W;:,'( Tuuri!.rf1 Djr~l.:tc-r Dllt~
County Man(j~.:.r-s. oo1c(I ";'ourslm Oevelopment Council 5iZ~Z004 9:15 AM
Approved By
Linda .lack<<,," ;~,,"tract~ Agent O"te
ArJrn,r:'",...att..." S/!rvk...~ Pu,,:ha$'lll) 5;~6:Z()Q4 1&.:>8 AM
Approved By
Th!J(rt;s!. Wid~s Op'c..~tl(Jns Ojr~t:t!.t!" D~t",
Public Utmtles ? ubHc UtHlt;.~~ COle rations 5!27i2tl04 tl:'33 AM
Approved By
.lames W. j)e~.ony SO"h::/: Ut'lit';;s Admin:strntr;r ')ate
Public l.!tili1lc;, Pub;;!: umWes Admh'!;st(~ticr: 5127;10042:20 PM
Approved By
Pat L"hn!'!~rd Admlni"1rllt;ve AS$isumt DOll>>
C:"unt'J !wI'Jf'''li''r'" Off";,, l)ffk... (If Management & a"dQ"t ~1'?r:Z004:\; 14 PM
Approved By
Mark h;;.a~ksCjro ;~udget ..."lyst Oat...
Cc<mty M3r:3\je:'s omc" Offi!:<> o>f M.,naB~nl~nt & Budget 5!27:2004 3.4I.l PM
Approved By
Mich21e, Sl1lylcowski Mar,a~"m"flt <'I. :Judget Olr",:tor Date
-"
Cmmty Manager's Office Of;'"" "f fool"n"Q"m'H1t & E},;Jll<,t 5!2!li20(M ~.OO PM
Approved By
--. - - '.---..-. - ~..-. -.,..--~~
.l"O"Io. V. "'w:!d COlSntjl Maf,aglo' Date
acard cf CO:Jflly County Manager's Clfflce A9M.~1ilq.,6C11
Comm;5sion~r5 . una .2004
3 urr
,,----." --. --,-~ ^ ~ ,,~.~-
--.----
HUMISTON
& MOORE
ENGINEERS
COASTAL 5679 STRAND COURT
ENGINEERING DESIGN IW'LES, FlORlDA34110
FAX:239 594 2025
AND PERMITTING PHONE: 239 !i84 2021
February 6, 2004
Mr. Ron Hovell, P.E.
Collier County Public Works Engineering Department
3301 E. Tamiami Trail
Naples, FL 33962 Sent via Fax 732-2526 3 pages
Re: Hideaway Beach Nourishment, Phase III - Plans and Specifications,
updated Opinion of Probable Cost, and construction Phase Services,
H&M File No. 12028
Dear Ron:
We are providing this proposal for Phase III of the Hideaway Beach Restoration
project, which includes costs and professional services through the construction
phase, as requested. This does not include post construction monitoring.
Scope of Services
Permit Fees
The amount of the permit fees will be determined by DEP at the time of
application, however, based on 62b-41.0085 F.A.C., we estimate the fee for the
beach fill will be approximately $10,000 and the fee for the erosion control
structures may range from $10,000 to $42,500 depending on how DEP computes
the fee.
Recommended budget........, ....,................, ............... ................. $ 52,000
Plans Specifications and Opinion of Probable Cost
Engineer will prepare Construction Plans, Specifications, Bid Documents and Bid
Schedule and distribute Bid Documents to prospective bidders for preparing their
bids; preparation of a revised Opinion of Probable Construction Costs based on
the Construction Plans and research of prices of recent similar projects as well
as current marine construction market conditions.
Esti mated Cost... ........................................ ............ .................... $ 38,580
Agenda Item No. 16C11
Page 1 of 3 June 8, 2004
40f7
",-
Su rveys
Preconstruction and post construction surveys of the beach will be conducted to
compute beach fill pay quantities which shall be the basis for payment at the
contractual unit price; preconstruction and post construction surveys of the
borrow area will be conducted in fulfillment of agency requirements for
documentation of construction activity and as a baseline fer future monitoring.
As-built surveys of 10 T-groins and the terminal groin will also be conducted. This
scope also includes vertical rectified preconstruction aerial photographs of the
project and surrounding area as well as oblique aerials at two times during
construction to document progress (Cost of aerials is approximately $5,000).
Recommended Budget ..... ............ ,.............. ........ ....... ............... $ 58,200
Bid Phase Services
The Project Engineer will coordinate with prospective bidders prior to the bid
date, including answering questions about the permits, the Construction Plans
and Specifications, and prepare and issue any necessary addenda. The Project
Engineer will attend a preconstruction meeting with prospective bidders, review
bids and bidders qualifications, and make a recommendation to Collier County
regarding award of contract to the lowest responsive bidder.
- Recommended Budget .......... .......,............................. ............,.. $
32,000
Construction Observations
The Project Engineer will review permit conditions with the successful low bidder
and coordinate and attend a preconstruction meeting with the Contractor, the
Contractor's sub-contractors, the regulatory agencies, the marine turtle permit
holder, Collier County, and other involved parties. It is anticipated that 150 days
will be required for completion of the project. Construction observations during
this period of time will include full time site observations by the Engineer's
Representative as well as periodic site visits by the Project Engineer who will be
on call throughout the period of construction. The site representative will be
present at the construction site, access corridors or staging areas whenever
construction activities are occurring, The Engineer and Engineer's
Representative will advise Collier County of the progress of the work and
compliance with the specifications and regulatory permits; review Contractor's
daily progress reports, water quality reports, and tabulate information and items
of progress; review Contractor's payment requests and make recommendations
to the County regarding progress payments; submit the required construction
monitoring and progress reports to the regulatory agencies; and make any
design revisions that may be deemed necessary during the course of the work
and assist the County with preparation of associated change orders.
-- Recommended Budget ........................... .......... ............ ............. $ 180,000
Agenda ltem.No..1fiC,1.1___
Page 2 of 3 June 8, 2004 .n___
50f7
--~., --. .-.. ,
--
Record DrawinQs
Engineer will prepare a set of As-Built Record Drawings from the post
construction surveys and prepare and submit the necessary Final Certification
documents to the Regulatory Agencies.
Recommended Budget .. ........ ..... ......... ......................... ..... ........ $ 25,360
Total Budget for Permitting Fees and Engineering
Services th rough Project Construction.. .............. ............... ........ $ 384,140
Additional Services not anticipated but which may be required by Collier County
or agencies are not included in the recommended budget. If such additional
services are required a budget recommendation will be provided when the scope
of such additional tasks is defined.
Please call if you have any questions.
Sincerely yours,
HUMISTON & MOORE ENGINEERS
Kenneth K. Humiston, P.E.
Agenda Item No.16C11_~n
Page 3 of 3 June 8, 2004
60f7
- HUMISTON
& MOORE
ENGINEERS
COASTAL 5679 SlRANO COURT
ENGINEERING DESIGN NAPlES, FLORIDA 34110
FAX:239 594 2lTZ5
AND PERMITTING PHONE: 239 !iN 2021
May 17,2004
Mr. Paul Kwa
Collier County Public Works Engineering Department
3301 E. Tamiami Trail
Naples, FL 33962 Sent via Fax 732-2526 1 page
Re: Hideaway Beach Nourishment, Phase III - Plans and Specifications,
updated Opinion of Probable Cost, H&M File No. 12028
Dear Paul:
As requested we are providing this updated proposal for preparation of Plans and
Specifications and updated opinion of probable costs.
Scope of Services
-
Plans Soecifications and Ooinion of Probable Cost
Engineer will prepare separate sets of Construction Plans, Specifications, Bid
Documents and Bid Schedule for the beach fill portion of the project and for the
erosion control structures portion of the project. Engineer will also prepare
separate Opinions of Probable Construction Costs for the beach fill portion of the
project and for the erosion control structures portion of the project.
Esti mated Cost ...... .................... ..... ................... .......... ............... $ 45,000
These services are to be provided as Additional Services to be billed on a Time
and Materials basis under our existing contract.
Please call if you have any questions.
Sincerely yours,
HUMISTON & MOORE ENGINEERS
/<e-." #U/.YX C-~.~
",,- Kenneth K. Humiston, P.E.
Agenda Item No. 16C 11--'
Page 1 of 1 June 8, 2004
70f7
-~_. --, -- '-- --~~ _._-,,~,,<_._..,,_...,
.,
,-'
EXECUTIVE SUMMARY
Reconunendation to approve budget amendments recognizing positive carry forward
variance in the 'Vater Pollution Control Fund (114) in the amount of $481,700
OBJECTIVE: Board approval of budget amendments recognizing a positive carry forward
variance of $481,700 in the Water Pollution Control Fund (114).
CONSIDERATIONS: As part of the annual budget process, available carry forward revenue
within each fund is projected. Variances in budgeted and actual carry forward are recognized via
budget amendment. The Pollution Control Department has a positive carry forward of $481 ,700.
It is proposed that the carry forward be appropriated as follows:
. Building improvements for the Building H 3rd floor renovation. $189,000
. Transfer from Fund 114 to Miscellaneous Grant Fund 116 for carry forward of State's
money. $10,500
The Balance of $282,200 will be placed in reserve for contingencies.
--
FISCAL IMPACT: Funds are available in the Water Pollution Control Fund (114).
GROWTH MANAGEMENT IMP ACT: There is no impact to the Growth Management Plan
related to this action.
RECOMMENDATION: That the Board of County Commissioners recognize the appropriate
carry forward and approve the budget amendments.
---
. .', ....~-"- Agenda Item No:-16C12 ::. ~.",.~-'
.,June.8. 2004 ,
''''''''''''''''''''''1'Of2'
.
--. ~-,_. ",-~""",,"'~'"--'-''''''''''' "'_"'" .OF....'<1I_...'...".~......"
,"'~.._-,-~_.,..- ^
COLLIER COUNTY
BOAR.D OF COUNTY COMMISSIONERS
,-
Item Number 15C12
Item Summary ReCClmrnendaiior] to approve! h\ldg!~t amundr."mnts recognizing posiiive carry
for"vard variance in the Water Pollutjon Control Fund (114) in ii'll; amount of
481,700.
Meeting Date 6i8!2004 9:00:00 AM
Prepared By
Mary Ct>rnelisse Operations Sl:pervisor D~te
Public Utilities Pollution Control & Prl;,,;ention 5i111200410:03:05 AM
Approved By
Ray Smith Director Date
Public Utilities Pollution Control & Prevention 5i2t!20U410:10 AM
Approved By
Thomas Wid/!s Operations Oimctor Oat.,
Puhlic Utilities Puhlic Utilities Oper,.tions 5126120U4 10:59 AM
Approved By
James W. DeE.on}' Public Utilities Allmh~istrat(){ Date
Public Utilities Public Utilities Allministration 512712004 1:,1] PM
.-,- Approved By
Pat lffhnhl~rd Administr3tive AssistMt Date
County Mana\,ler's Offi;.:e Office of Management & Bl:d\,let 5127i2004 3:28 PM
Approved By
Michael Smy!<.owski Management & Budget Director Date
County Manager's Office Office of Management &. Budget 5!211i2004 3:32 PM
Approved By
Jan1!lS V. Mudd County M,.nager Dilte
Boare of County County Mana\,ler's Offii:e 5131 i2004 1: 54 PM
Commissioners
Approved By
R.andy Greenwald ManaSf1meflllBl:dget Analysl Oate
B,lard of COfmty Office of Management & Budget
Cmnmlssimlers 6il12004 9:'11} AM
-
Agenda Item No. 16C12
June 8, 2004
2012
"..,,- ,,---- ---.
"~"'''',
EXECUTIVESU~ARY
Recommendation to approve Amendment No.3 for Contract GC526 with the Florida Department
of Environmental Protection to perform petroleum storage facility assessments and inspections
OBJECTIVE: To have the Board of County Commissioners approve Amendment No.3 between the
County and the Florida Department of Environmental Protection (FDEP) Contract Number GCS26,
effective July 1, 2001, to continue to perform petroleum storage facility assessments and inspect and
reinspect minerdl acids tanks within the County.
CONSIDERATION: A local Storage Tank Program is being accomplished through this State Contract
GC526, which pays for costs associated with this program.
GRO'VTH MANAGEMENT L\tPACT: The Storage Tank Program partially satisfies Goal 3 of the
Conservation and Coastal Management Element, which states "The County shall protect the County's
ground water resources to ensure the highest water quality practical." This program is also specified in
Objective 9.4 of the Conservation and Coastal Management Element, which requires "The County to
establish a local storage tank program."
FISCAL IMPACT: FDEP will reimburse the County for work conducted at an estimate of $159,000
including personnel, equipment and training costs needed to implement the scope of the work under the
......--. Contract GC526. Currently $159,000 is budgeted in the Water Pollution Fund 114 for FY 04-05 budget.
The amount will be adjusted to reflect actual totals once the new task assignment is submitted by FDEP.
RECOMMENDATION: That the Board of County Commissioners:
1. Authorize the Chairman to sign Amendment No.3 for FDEP Contract GC526 with the Florida
Department of Environmental Protection.
2. Authorize staff to process the necessary budget amendments to implement the FDEP Contract No.
GC526 Amendment #3.
-
Agenda Item No. 16C13 .' .-.....,..."..,~'<....,~
June 8, 2004""
Page 1 of 7
.,....,- -~""~"-"-'- .,..- ""'--. "'.""_"'.""_~01>'_"""_"__ '.-'--'
,.".,,',~,'.',,",_c....,-,_;"'i_.'_ "".. ....,....",._-,..._..~"."
COLLIER COUNTY
BOARD OF COUNTY COMMISSiONERS
-
Item Number .!i3C-:3
Item Summary f~~{X)~:;le~d:.~tio~l to 8f_~pr;J\"'6 A~il~;;iJir;fjpt Nc. 3 f.~y Cc.r.tr::;r":l GG~.213 WfU1 t~le
r:c-r;da Dep~1rncrl! .Jf f.:r.'l;":''lF-!.:.!~tal F!'J!..::;.:tio~ to perform p~tro:et..:~ 5!o;-ag.3
fac:):ty ;3~:ses;)rw;'-,::: i::nd :nsp~.:ctions
Meeting Date cief2CC4 'l:()().()() AM
Approved By
I~;;y '>m;;;, l::;;--~.-;tv;- t;~ta
Publ;;; Utili:i"" p~nutiU:1 CO!"l:tr'!')! & Pr~,/~!,,!!;O!,,<: Si2~i2,,(U :!:2<! PM
Approved By
Tho:::3S ~.;;.$.~s Op<::~3tj{J(I~ D;!"c{~-:-!' D3te
Puhik: Uti::\:,;;s P~:b!ic Util;~;"}f, O:::-.}rij.t.:l}f'~ ;}i~6r2f:fto1 1l');:)(i AM
Approved By
';~Jmp.s: "'lv, ueL<Hiy. P::n!ic: Uti1;,;.}f, Al1minJs:tr~:o:'" :;.Jt~
l)...~~~!"; U~;:;~:~S )>;;::.;:j;; Uti;;~:~~ .i\,hnil';;.,tjo~;C,. ~,';('ti~~~C4 : ;...:t ::-~-A
Approved By
l)~t Le:-:~h..Hd Ad;~i;j(;J:;~:-4tive'e A::;:~;:j~nt O;lte
C!::l~~!,! Mofl~9~!"'S Oftk~ Off:(;~ a-r Mor;~9~m~m & 6\.l-ci~~i ~;2?{2:)1'M 3;32 PM
Approved. By
R.~I~>jy G"~('i~\"".ril.:l M3n.r1~.~mc~::!SlldlJ~f ~.I'd:Y$t C;3t~
B.;,)~r~ vf Cl)unt~...
c-:,.....!nlss:o(t{o(~ Off:t:"c: {;f Mar":&;;c:m<:!'1i &. BU~M~t 5:'2~i20a4 3;24 PM
_.. Approved By
Mic~,-~~l S::~1k{..;.Isxi M3n.r~,&'~rn~m &. Eh.j':!2.~t D;(<=,{t..:-( ~atc::
::~~:~!y Man~-g-er"$ Ottke'!: G~f;(;~ ~f Ma;:~-g-~mam &. B:j~~~t '''':ZO;;<l1 ~:O:; AM
Approved By
L-t"o ~:. OCrlS, .:~. O~::"!".:ty (:c::~!y M~n1!l~~r ;)at~
l3(f-Jrd ;;.1 C(1un~.;
C~~mi:$:'j;o.n~f'S C(l;'Fl~)o" M~r.~9{-r'=;. Off1{:~ f.r~:/.(}~."j. J :tiJ p~
,-
Agenda Item No. 16C13
June 8, 2004
Page 2 of 7
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DEP CONTRACT NO. GC526
AMENDMENT NO.3
THIS CONTRACT as entered into on the 1>1 day of October, 1997, and amended on the 3rd day of August,
1999, and on the 31>1 day of July, 2001, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION (hereinafter referred to as the "Departmenf' or "DEP") and the COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS (hereinafter referred to as the "CONTRACfOR") is hereby amended as follows:
-- Paragraph No. 16 of the CONTRACTOR RESPONSIBILITIES section is hereby replaced in its entirety with
the following:
16. Provide a Statement of Revenue, Expenses and Fund Balance, utilizing Guidance Document I for the
period of the executed Task Assignment within 45 days of payment of the fInal invoice. If the
CONTRACTOR fails to timely provide a Statement of Revenue, Expenses and Fund Balance within
the 45 day period, the CONTRACTOR will be assessed a five percent (5%) penalty based on the
current Task Assignment amount. The penalty amount will be subtracted from Invoice Number 12 in
the current Task Assignment Year. The CONTRACTOR is still obligated to provide the Statement of
Revenue, Expenses and Fund Balance to the DEP even if the CONTRACfOR provides this statement
after the 45 day deadline and is assessed the five percent (5%) penalty.
-- Paragraph No. 20 of the CONTRACfOR RESPONSIBILmES section is hereby replaced in its entirety with
the following:
20. Acknowledge receipt of the following guidance documents:
a. Storage Tank Penalty Guidelines and Assessments Memo
b. Storage Tank Program Guidance Memo on Post Inspection Procedures
c. Pollutant Storage Tank Closure Assessment Requirements
d. Storage Tank and Contamination Monitoring System Guidelines
e. Storage Tank Facility Compliance Inspection Report Form and Database Entry Forms
f. Compliance VerifIcation Program Local Program Review Form
g. Contractual Services Invoice
h. Level of Effort Memo
1. Guidance Document for Preparing Year End Financial Statements
The CONTRACfOR agrees that the services required under this Contract shall be performed in
accordance with the above listed Guidance Documents and as those documents may be amended from
time to time.
- Paragraph No. 21 of the CON1RACfOR RESPONSIBILITIES section is hereby replaced in its entirety with
the following:
21. The CONTRACfOR shall submit a satisfactory corrective action plan to the Task Manager upon
notification of a score below seventy-five (75) on the Program Review within fourteen (14) calendar
days of Notification of the score, Because a score below 75 reflects an unacceptable level of
performance, if the CONTRACTOR receives a score below 75, a penalty of eight point three percent
(8.3%) of the current Task Assignment amount will be assessed. The penalty amount will be
subtracted from Invoice Number 12 in the current Task Assignment Year.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.
Agenda Item No. 16C13
June 8, 2004
DEP Contract No. GC526, Amendment No.3, Page 1 of2 Page 3 of 7
-- --- -
-.
-- The CONTRAcrOR RESPONSIBILITIES section is hereby revised to include the following provision as
paragraph no. 23:
23. If the CONTRACTOR's fund balance (see paragraph no. 16 above) amount exceeds its current year
Task Assignment amount by ten percent (10%) or less, the CONTRACTOR may retain the swplus
provided that such swplus must be used pursuant to the provisions of this Contract, the Task
Assignment and Section 376.3071, F.S. If the CONTRACTOR's fund balance exceeds its current
year Task Assignment amount by more than ten percent (10%), the CONTRACTOR shall refund to
the DEP any and all amounts in excess of ten percent (l0%) of the Task Assignment amount.
However, if the CONTRACTOR submits to the DEP, with the Fund Balance Report (See paragraph
16 above), a written proposal to retain the funds that exceed the ten percent (10"10) of the Task
Assignment, the DEP at its sole discretion, will determine whether the CONTRACTOR may retain
the funds that exceed the Task Assignment by more than ten percent (10%).
-- Guidance Document I, Guidelines for Preparing Year End Financial Statement, is attached hereto and made a
part of the Contract.
In all other respects, the Contract of which this is an Amendment, and attachments relative thereto, shall
remain in full force and effect.
IN WI1NESS WHEREOF, the parties have caused this Amendment to be duly executed the day and year last
written below.
COLLIER COUNTY BOARD OF FLORIDA DEPARTMENT OF
COUNTY COMMISSIONERS ENVIRONMENTAL PROTE
-
By:
Title: Donna Fiala, Chairman
Date: Date: ~-'I).01
lftlft /11,~
Marshall Mott-S
DWlMI. BIOCIt..
BY:
ator
Approved a.a to form & l..;;.j h:':!""":- -: Approved as to form and legality:
.:r:.: ~.L. ----. ~A.h... ~~
" 0MaIQ AUcnI7
DE Attorney
List of attachmentslexlnbits included as part of this Amendment:
- Specific Letter/
Tvoe Number Description (include number ofpag.es)
Guidance Document I Guidelines for P.reparing Year End Financ~aJM~~i~3JWd! 16C13
June 8, 2004
DEP Contract No. GC526, Amendment No.3, Page 2 of 2 Page 4 of 7
----_.- -
._"-~'~ "--..-..... .._~"._-- ~._"-
.
,
GUIDANCE DOCUMENT I
GUIDELINES FOR PREPARING YEAR END FINANCIAL STATEMENT
The following guidelines were developed to serve as a convenient reference to those responsible for
preparing the Annual Fiscal Year End Financial Report as required by paragraph 16 of the Compliance
Contracts.
Before completed financial reports are submitted, each line item on the current and previous reports
should be compared for consistency and reviewed for accuracy. If a previous report had an incorrect
entry(ies), an amended financial report must also be submitted.
SECTION I
Enter the date the financial report was prepared, and the period covered by the report. If the period
covered is not a full year, cross out the inappropriate months and enter the correct dates. This would
usually only apply to the first year of the contract if the signing had not occurred on or before July 1. If
the contract were ended prior to it's maturity, it may be necessary to cross out the ending month of June
30.
Enter the contract number and the task assignment number.
SECTION II
Section II includes all income from the Department of Environmental Protection (DEP) for the
contract's task as noted in Section I.
Line 1. The amount entered on this line should be equal to the carry forward balance (Section N
Line 14) from the previous financial report. If it does not, provide an explanation unless the prior
balance was a negative number, in which case no explanation is necessary. If the report is for the
first task assignment of a new contract, the amount would usually be zero (0). If there is a carry
forward from a previous contract, enter that amount and provide an explanation. The explanation
should include any agreement for the carry forward. together with a plan for the use of the carry
forward funds. Any plan should include expected execution dates. Do not enter a negative balance
on this line. If the previous report balance is negative or zero, enter a zero (0).
Line 2. Enter the amount of funds invoiced and paid by DEP for the task identified in Section I.
Line 3. Enter the amount of funds invoiced but not yet paid by DEP for the task identified in
Section I.
Line 4. Total lines 2 and 3. The amount on this line should equal the amount of the task
assignment. If it does not, provide an explanation.
Line 5. Total lines 1 and 4.
Agenda Item No. 16C13
DEP Contract No. GC526, Guidance Document I, Page 1 of 3 June 8, .2004
Page 5 of 7
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-
SECTION III
Section III includes all expenses related to work for the contract's task identified in Section I. Retain
supporting expense documentation for audit verification.
Line 6. Enter the total of salaries, wages, and benefits paid for work related to the task: identified in
Section I. Include full time employees, part time employees, and any pro-rated amounts for
executive and support functions that are charged to this contract.
Line 7. Enter the total amount spent for travel expense related to the task identified in Section I.
Include vehicle expense related to travel for meetings and training but not routine travel or
maintenance.
Line 8. Enter the total amount for purchases of equipment, when the cost is equal to or greater than
$1,000.00, and is related to the task identified in Section I. Keep a list of equipment for audit
verification. If the purchase is capitalized and depreciated over time, enter the year's depreciation
charge and provide a copy of Attachment F, Property Reporting Form, or an explanation that
includes the name of the equipment, the amount of purchase, serial or identifying numbers or marks,
the depreciation method, and expected life of the equipment.
Line 9. Enter the total of vehicle expenses not already entered on Line 7. This includes fuel,
maintenance, repairs, and insurance.
Line 10. Enter all other expenses incurred for work related to the task identified in Section I, and
- not entered on any other line of this report. Include INDIRECT COSTS. Indirect costs are defined
as costs not directly associated with the task assignment work, but are necessary for ongoing work
related to the Contract. For example: rent, utilities, oversight by executive management, personnel,
and accounting.
Line 11. Total lines 6 through 10.
SECTION IV
Line 12. Enter the amount shown on line 4, Section II.
Line 13. Enter the amount shown on line 11, Section III.
Line 14. Subtract line 13 from line 12 and enter the result on line 14.
Line 15. Enter the amount shown on line 5, Section II.
Line 16. Enter the amount shown on line 11, Section III.
Line 17. Enter the balance after subtracting line 13 from line 12. If this amount is more than_%
of funds received and due from DEP as reported on Line 4, provide a plan for the usage of the funds,
and estimate when the usage will occur.
SECTION V
--, Printed name and signature of the person responsible for the submission of the financial report.
Agenda Item No. 16C13
DEP Contract No. GC526, Guidance Document I, Page 2 of 3 June 8, 2004
Page 6 of 7
~---
.--~-"," .....-_._-_..>-~..~ ~._. .~_..'" ---_.--. .-
YEAR END FINANCIAL STATEMENT
(Contractor Name)
SECTION I
Statement Preparation date. ..,.. ..... ... ....... ...... .... ........ ....... ....
Year (or period) Covered by Report:...... . ....... .July 1, thru June 30,
Contract Number GC _ Task Assignment Number _'
SECTION II. INCOME
Line
1. Beginning Balance from prior year.... ... .......... .... ...... ................$
2. Funds received from DEP................. ..................$
3. Invoices submitted not yet paid........ ........ ....... ...... ..
4. Total received and due from DEP............................. ................$
5, Total Income and carryforward from prior years.............. ........... ...$
SECTION III. EXPENSES
6. Salary and Benefits...,.,.......................,.................,........... ...$
7. TraveL...... .... .. . .. .... .. .. . .. .... . .. . .. . .. ... .. . .., . .. .. . . .. . .. . .. . .. . ... .. . . . ...
8. Equipment Purchased. ... .... ... ........ ....... ... ... ..... ... .... .... ....... .....
9. Vehicle Expenses. . .. . .. .. . . .. . .. . .. . .. . . . .. . . .. . .. . .. . . . . . . . .. . . . . .. . .. . .. . . .. ....
I O. All other Expenditures.. . . . .. . . . . .. . .. . . . . . , . . . . . . . . . , . . . , . . .. .. . . . . . . . . .. . . . . .. . . .
11. Total Expense for this contract, this fiscal year...............................$
SECTION IV. RECAP
12. Total income for task year from line 4.. . .. .. .. .. .. .. .. .. . .. . $
13. Total expenses for task year from line 11.....................
14. Current year task balance........ ... .............. , ........ ..... $
15. Total income from line 5. . . . . . . . .. . . , . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . , . . . . . . . . . . . $
16. Total expense from line 11..........................................................
17. FUNDS BALANCE (Carryforward to next Task Assignment).............$
. Do not carry forward negative balances.
. Attach plan and schedule for use of Funds if balance is more than 10 % of Line 4, total received
from DEP.
. Section 376.3071, F.S. prohibits the use of Inland Protection Trust Fund monies for purposes
other than those specified in that section.
SECTION V
Printed name
Signature Title Date
Agenda Item No. 16C13
DEP Contract No. GC526, Guidance Document I, Page 3 of3 June 8, 2004
Page 7 of 7
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""~"- EXECUTIVE SUMMARY
Recommendation to award RFQ # 04-0334 under Contract # 03-3349, to Surety
Construction Company for the Public Utilities Division Building H Renovations in the
amount of $199,557
OBJECTIVE: That the Board of County Commissioners award RFQ # 04-0334 to Surety
Construction Company for the necessary interior building construction work for the Public
Utilities Division third floor Building H renovations.
CONSIDERATIONS: As part of the Public Utilities Division program to increase security,
expand our customer service outreach, and to improve the team work environment for the third
floor Building H, renovations were budgeted this fiscal year.
On September 18, 2003, the Board of County Commissioners approved the FY03 Forecast and the
FY04 Budget (Agenda item #2H). The total estimated cost of the Building H, third floor Public
Utilities Division office renovation project was estimated to be $700,000. On December 16,2003
the Board of County Commissioners also approved budget amendments to transfer carry forward
funds to fund the office renovation project (Agenda Item 16C). The $700,000 that was
appropriated for the office renovation project is broken down as follows:
Fund # Fund Name
_.
114 Pollution Control $189,000
412 Water Capital Projects $196,000
414 Sewer Capital Projects $196,000
470 S(jlid Waste $119,000
TOTAL $700,000
The purpose of the renovation is to accomplish the following:
. Improve security - CUITently the building is designed with two (2) entrances from the elevator,
limiting the ability to monitor access of traffic flow on the third floor. The concern for safety
and inventory control will be addressed by establishing a centralized division reception area.
. Customer Service - At this time, without a central reception area, clients who are in need of
assistance are exiting the elevator and wandering throughout the third floor seeking individuals
and assistance, A centralized reception area will provide immediate convenient service to our
customer.
. Team Work Environment - Presently employees from different Public Utilities Departments are
commingled thro'Jghout the third floor of the health building. This creates an environment that
does not promote optimal productivity and organization. Departments are separated by space
constraints and employees are utilizing surplus inventory not equipped with ergonomics as
recommended by the Risk Management Department.
,- To achieve the above-mentioned objectives the total appropriated amount is $700,000.
This amount includes this RFQ #04-0334 under Contract #03-3349 ($199,557), and subsequent
expenditures for furniture, security and other related costs. Agenda Item No. 16C14
June 8, 2004
1 of 6
.
.._-.."..'.'"_.....,.~.. ----""...-.,..-...<,."". .~._...- _..>.,.,...,......"~.,.....,,,.~.,....'-,_.. ""'...,~"_.,_.....-.:.,,-,,-'".,- .-
On April 23, 2004, staff received two (2) quotes. Surety Construction Company submitted
the lowest quote of $212,485. Through negotiation and value engineering, the quote was
reduced to $199,557 which includes alternates 3,4,5 referenced on the attached bid
tabulation. Alternate 3 is an addition of vented hood and Guardian fire protection,
alternate 4 consists of glass panels, and alternate 5 incorporates acoustic panels
where needed. An existing county contract will be utilized for the carpet installation for
alternate 1.
FISCAL IMP ACT: This project was anticipated and budgeted for in the FY 04 under
the Public Utilities Division's Funds:
114-Pollution Control Fund (By budget amendment moving funds from Carry forward).
412-Water Capital Projects -project#710151
414-Sewer Capital Projects-project#71 0152
470-Solid Waste Management Fund (By budget amendment moving funds from Carry
forward).
GRO'VTH .MANAGEMENT IMPACT: There is no impact on the Collier County
Growth Management Plan.
RECOMMENDATIOl'lS: That the Board of County Commissioners award RFQ #
.- 04-0334 that includes alternates (3,4.5) to Surety Construction Company for the
renovation to the third f100r of Building I I and authorize the County Manager or his
designee to execute Work Order # SC-02-80 for the amount of $199.557.
,-
Agenda Item No. 16C14
June 8, 2004
2 of 6
-,
COLLIER COUNTY
SOARD OF COUNTY COMMISSIONf..RS
-
Item Number 16C':4
Item Summary R~:::ommf:nd3ticn to award R::O #. 04-0:334 ur~.j~~r C.:::r:trZlct G~~.3349; to Surf!~:
Constru,::;~~c'n C:::'n~fiar.y fer thf: Pt..:o:ic iJtil:t:cs D!vis:cr. 8ui:ding H ::.:s:1o....at:o:1s :r.
the Cimc:,unt cf $1 !:h1,t:.S?
Meeting Date u/B/2G04 9:00:00 AM
Approved By
P."y S",it;, D::-ed.cr O"t...
Pul:;lic UWI1i"s ?o:fuHun C<;~~~rt:-: & Pr-'!!'Yt:'nt:o:'JfI 512712004 '.43 AM
Approved By
i~!o:'rn~-.:; Wi<les Op~:r'3t!cns Olr.:..-::t(l!" (1~ta
~...lhlic Utilitif~~ ~t::h:::"; Ut;;;~:..~~ (:p~rat~I}i.~ ~!2i'i/.(!0,: 1141 AM
Approved By
o. G~vrg~ YHfn.::..-:. $0;;cll,:',l.~~~1! ;)::ed.n:- 1)<>("
Public l'tiliti,,~ St:o;!~ \:V;.l::~of= 5127;2004 11: 42 AM
Approved By
Roy 6. An(j.)r5-:'l1, P .t:. P'it.H.: Ut:::t:es E:1gin€'€'r!r!~ D::-~::-cti)!" Oat~~
F'~jt.;lj!; 1)ti~lti~:; Yi;:",:;>; Ut:::r:~$ EngirHH.'f;,.g $J~ ?l?CH4 1?: H~ PM
Approved By
s~~v~ G;s~ nell P:;~'d~~~i:n~j;G~n~~~~ S~l.~~ G::"~(;h';~ 0"/....
Adm:~:stratf'.,f}) :;':'fVjo(,.:.~ :>:.:cchasing 5!27:2UO"':' '3I:2C AM
.-
Approved By
LYr~! \^/ccd PUfcha~:ng Agant D~ta
Ad~;!"!;~t:'Qt;v~ S~P;l;;O;;S ~t~::"(,;t;11~;n{f '5!/.7.'/.(;(;,: ~:1E, AM
Approved By
S)d;> C~ml'J. C.F.M. :=c:.~:::d~s M:~!'l{j~~!'Y'~!lt Oir~o::.t'!J{ DO:)tD
Ad!Y-~~r~;~t~3tf'lC Serv::;es Fac:::t:es M'~~':;~{'!?"\{'(lt :;':Z?/2G04 ~:4U AM
Approved By
"j~m{!~ ....,1..,. Oe:.:">ny P;;t1:;;; Ut:::t:~:\ AdFf.i,.i5r.~to:' OM'..
P"LI;,; lJtiiiti"" p :;:;:;c Ut;nt;e~ Admij::~t~(lti~r: ~;.t!/lOi)4 :),32 PM
.\pproved By
p{j~ L~tsnb3rd .o...dminis:.r~!'~v~ A~Sl-::ttrsnt O:,t"
cc:.:"ty M3r:3ge<'s Offica Off;':€- of Manag.:--Jn>1nt So B.j-:1gct 5127i2()(l"- ~A<3 PM
Appro,'ed By
R~r:rly C;n;H~nwa;d AA;s';nlj...:rra.'p;t/~;::~g~.'t A:":.1!Y$t I)~t"
I~C3rd <>t (:o:mty
C Ot''t! 'TI!~sior!.:.fS Of'f:o::.~ l)f Mi;lnc1g:~me:-nt .& 6t:d-get s:ze:'2C04 3.47 PM
.\pprm'ed By
Mj{;~~3.:.; Smylt:{tw.~ki M3:":3gemar.t &: 8udget Oirf)ct:>r Oat,)
C!;:;:H.y MQnog~~):s Ofr:<;~ Of""" l>f Mm''''-1''>n""t & Eh:d~l~t $i1:;tC04 ;;;~;) AM
Approved By
- let:- E. Ochsl Jr. D~;>:..:t7 Cou~:ty M~n3~~r 0;'1"
D',,,,,I l>f C"" nty Gv..mty M~n~9~r' $ Of."~,~....:
Ccr:-:m:s~icr:ere fii1f?CC4 11;~)n ~M
Agenda Item No. 16C14
June 8,2004
3of6
_.. v
"ay-17-04 16 :41 Fro~Colll.r Count~ Purchaiin. ~41 m 0844 T-133 P.00Z/004 HID
04/11/2004 09:53 fAX 238 8U 6182 vlctor J. Lltlv1sh, AlA + Surety const. .002/001
.
.; BID 'ORM
TO: Collier Comrty Boad ofCo1a1 ~ ....~ CIlIaI-ow..-
n.~ IlPiDacaduJlycx-~"CoD1I-Docu.madI CIltitlcclCokCoualyNHic
UtUidaBuildiDa 'H' TIdrd PJoar, Nlpla.Florida, i.uul!d hyVicfor J.lAdmIhAlAAIdIltIlGtdar.ed
03-01-04 ... ... viIi1Dd tile ... .. ~ tIID ClGIMItiaIII .fA ck..... .. Wart, ..by
P.OpO.CI _ ..- CO fiaisb aD 1Ibor', ...-w.. ~-..irl-" . 8Ilt> [If "fica, .... to ..&aa
opIa2bIs ......,... c:om.pIaD tile Worku required by SIIfd~ CoIatraot ~ ..
!be IIipu1Itecl SQIU of:
BAsE Bm
The total COR iDcludiq aU~, eqWpneDt. II11oWBDCel, and ral.... work RqlIINcl1D
compldeIy IDd properly caasuuct tbc pmjtct as mdieated ill tile C~GD DOC1ImaIts:
one Hundred Ninety One ThoU$and Six Hundred Pi~ty Pour &
no/1 00----------------- DOllARS (1191 ,654.00 )
ALTERNAtES
A1~ 1: Add Carpet; (Bue bid iAclud.. naaoval Df cxiftins CIIp8t).
S 82, 364 - 00
AltcaIIdD 2: A.dcl STC '1 foJdiII& walls, SflII\ 6-aliqc, CCJDUGton, safBt fiDisbes,
aDd teIa10d ~ at Ccmfcreuo Rooms 313 ad 33]; (8.. bid
!Deludes ~-ht iDI1Ikd partitioG ill tiea of lit-bid fo1ctiq waUl).
S14,014.40 ~
~ AlterD&tl 1: Ad.cl ~ hood. Gumiiab fin: protIotioa S)'StClaI, IOOfvoat.
fJlII1dJll, lOofpllGb, md nJataj -n at Broak Room 324; (BaD biG
iDduda bale cabiaet. will. oabiMt. JDd ~ iB lieu tJf
nopIbood),
S 1,303.60 ..
.
~~4:, Add a1~ .~ 1Ixed. sJasa trmIOID ,..... w.tnIed OD sMet.A.-4.
(Buc bUt blclada putiliau. frDiIla ancl well ~aitl- Us liea ofHM
transom ~).
~ S 3,514.60
r". _..., ~;t
Agenda Item No. 16C14
June 8, 2004
40f6
-....--
~~-17-0. 1&:41 Fro~Colli.r Count~ Pur~h..inl D4\ T3Z 0844 T-m P.OGi/D04 F-nG
04/23/2004 01:53 FAX US 643 81.2 Victor J. Lftav1sh. AlA . SIIrety Const. iOG8/00l
- ~ AltIm.t- 5: AcW llt-bicluoUlUc PIIlelr byDate 2 iIlUltrated OD shiel A-4
J
-~
S 3,084.00
~6: Add aiak It Puatzy 329, pipiaa. ad nlltCClll'Olk UluitraIocl o,,*-
MP-2
.2,867.70
A1tInIate 7; Add Pire I\JatID ad re1atecl welt.
S 32, 1 , 2. eo
A11emIre 8: Ad4 .-.,,.,,.,.__ ~ Bxtures.
S 2,484.00
UNIT COSTS
Colt 10 add at de1eIe CIIp~ pc sea. yd.
S 34.90
Coat 10 add or del_ Acaastica1 ,.,ul pGDall, ~ sq. t.
- S 13. DO
:
. .
ADDENDA ;
.
CcudrK.tat acbowlcdpl rlClipt of A4cIIaQa qu. 1
'11MB
;
CoDtrImtor pn7pORI t.o ggmpl.. cbe Wark lu. 2 pIuues Within 1be fallowJa. number of celCllldar
cia,. figm DDlice to proceed or receipt ofWildiaa perIDitI, wbic:bava' DCQll'llatar:
100 I
Total ~OB Time: C...".., da1s
ne '-,-"1.. UDdcataadI_.... UJ GOIDply 1ritk IID4 be bouDcl by CODtrIICt Documc:afJ
iaued far tIdJ Work. '
BlDDml:
Firm ION COMPANY
Si Pres1c1.nt
'09, Bonita Springs,FL 34134
Bid daIId tIdI 3rd dayar Miiy 2004,
--
Agenda Item No. 16C14
June 8, 2004
50f6
--"- ----
."-. ~..~- .,..,,- _.~."'"' _..~,..,.~ .'.~-'-- .,--
t.by-17-04 16:41 ~rGI-CGllj.r CGunty Pur,halinl ;41 T3Z 0844 r-133 P.004/004 F-590
SURETY
- CClNSTI=tUCTIClN
CDMPANV
May 3. 2004
I
, Calrll!t' Cclunty F\n:hasing Department
3301 Tamillml Tr. E Building G
I NIpIes, Florida 34-112
AUn: Scott Johnsen I
I
f
I fte: Building H Publlo utIitieI Renovation RFQ ~
Our Sc:aU:
AIIaChed is the rwi$ed negotiated pricing )'OIJ have requested for the Public utUIIIes th.-a f10ar bid. H
1'8I1CMItions. We nave 8lCdUded the transrer duds fnlm DI.I' NC subocontnlctors bid, re-lamplng of tie
~ ~ fildun!s. drywal ~ to the dedc exept for adrnt-llstr8to(s affice. autcma1il; door
beams UXl8Pt one fa- lie adfninisIr1dot. and night WOI1C witt the exception of delllUlllU"l, pcUnting. end
framing U'les8scopes of'WQft( wit be done on the.. end oraft8r hours.
These ~-lgea have been m_ n order to brWIa our bue bid tD an ac;eeptable ptice and IeaY8 room
, tbr eome IIIt8mates if desied. 'Ow1lllmale6 11/'8 not addecl fa Ihe b8se Pfice. If iJIrf are accspted. !he
sa:epted abmlteS wi. be added at h timeltle P.O. is written. I
Please cantact Georg. if ctMIN an CIlY more changes.
, I
i
~
~
...,___Mi.......... 'III ~ I 02IP0
- .. ...~..... ~_.... I""'n", Mlns
Agenda Item No. 16C14
June 8, 2004
60f6
.
t
-
EXECUTIVE SUMMARY i
Recommendation to approve operating expenditures in an amount not to
exceed $10,000 and staff support for the coordination of activities and
promotion associated with Freedom Month
Obiective: To promote patriotism through the celebration of freedom.
Considerations: On May 25, 2004 the Board of County Commissioners proclaimed
September 2004 and every September thereafter to be Freedom Month in Collier County.
Part of the Board's vision in so proclaiming was to see a permanent memorial to freedom
erected at the Collier County Government Center. To this end a Freedom Memorial Task
Force, to consist of no more than twelve members, is being assembled to coordinate
activities that will promote awareness of the project and work toward completion of this
ultimate goal.
Activities to be undertaken between now and September include:
. Artistic conceptual submissions will be solicited for design of a permanent
memorial recognizing freedom in the vicinity of the W. Harmon Turner Building
(Administration Building F). These will be requested from the community and
reviewed by a selection panel (membership to be determined). A design will be
- presented to the BCC at a future date.
. Speaker groups comprised of volunteers will address schools, civic organizations,
etc., on the topic of freedom.
. A fund-raising committee will be formed to raise monies for the permanent
Freedom Memorial.
. A poster contest for elementary school studcnts on the theme "What Freedom
Means to Me" will be conducted.
. An essay contest for middle, high school students and the general public on the
theme "What Freedom Means to Me" will be conducted.
. An edition of County Highlights television show about Freedom Month for
broadcast on Channel 11/16.
. Television public service announcements (PSAs) will be produced by County
staff and aired on the County's Channelll/16.
. An Adopt-A-Military-Unit-In-Iraq program will be created through which the
Collier County community will send letters and items to make life a little easier to
military personnel.
The Communication and Customer Relations Department and the Parks and Recreation
Department will coordinate the above activities coopnaLivdy.
Fiscal ImDact: Staff has prepared a budget amendment transfening $10,000 from
General Fund reserves to appropriate line items within the Communication and Customer
- Relations budget. These funds will be expended on promotional activities (i,e., printing)
Agenda Item No, 16D1
June 8, 2004
Page '1 of 3
"--.,-- ~---~.~
and will not be part of fund-raising monies for the Memorial or used to pay for the actual
Memorial.
Growth Manaaement Impact: No Growth Management Impact is associated with
this action.
Recommendation: That the Board of County Commissioners approves operating
expenditures in an amount not to exceed $10,000 and staff support for the coordination of
activities and promotion associated with Freedom Month.
",..,,-
,~.
Agenda Item No. 1601
June 8, 2004
Page 2 of 3
.-
COLLIER COUNTY
,-- BOARD OF COUNTY COMIWSS!ONE:RS
Item Number 1 f.D1
Item Summary ReCGrr:rnE;fld<:!i,")n to approliH q:E'falin(~ e>pE;ndill;rEl'> in an arr:.::unt net Ie
0:<CH0d 510,000 and staff support for thH CQ.:)rdin.cHion ~)f activit!B~~ c:nd
promotion a:ssociated with Freedom r'/:Or1tJ:.
Meeting Date 6!812004 9:00:00 AM
Approved By
.John Dunnuck Public: Services Administrator Date
Public SerVlces Public Se,vices Admin. 51'; 9120(14 9: 15 AM
Approved By
Pat Lr,hnh,1rd Administrative Assi"tant D"te
G-c:...lnty l'-itlnager's Oth~~f! ,-"Hh:" of Mar:,'gl!men, & 8lidget Si", 9!2004 9:44 AM
Approved By
GIl'Y A. V'"Cl!nt Mal:.~g<ll"!'l<mt ,!I. B;;dg*it An8fjist D,~tl;l
C(;untji MM1<1g*iI"S Oin!;<l Ofik<l ()f Man.~g<lm*int & S;idgl1t ;;!;(J<.n04 3'.11 PM
Approved By
Mkh.at'i SmYKo1.>r:ii;.i Mi.in.agemt'llt & Bu;.jgt't Dir<:dor D~t~
CO'.B"lty M3m~gt'(s Office Office "r M<1t':.agem<:llt & Bu;.Jg<:t 61212004 :3:27 PM
.-
Approved By
Leo E. Ochs, Jr. Deputy Cnuf1t'l Manager !);>:te
ECOid of COUf'ty
Ccmfn=ss~cners County MiHmg*i~"s Oiik;<l ;;m<.(l(l4 3:34 PM
-
Agenda Item No. 1601
June 8, 2004
Page 3 of 3
.' ,-~'---~-'-"-""--"" -,..- h'_~ W ._"--,. -~-~._-,."-
,
r
,.-...
EXECUTIVE SUMMARY ,
Authorize purchase of park fixtures from Wausau Tile at a cost of
$37,826.38 for park projects and maintenance
Obiective: To obtain park fixtures from a vendor who meets the aesthetics, design
standards, and service expectations of the Parks and Recreation Department.
Considerations: For many years Collier County has purchased park fixtures such as
trashcans, benches, and bollards from Wausau Tile under a Florida SNAPS agreement.
The SNAPS system is in the process of being phased out and this contract is no longer
available. Staff was not aware that this contract had lapsed until prices for the current
year order were solicited.
In light of thcse circumstances the Parks and Recreation Dcpartment recommends
waiving competition under V.A.3 of County purchasing policy and placing an order with
Wausau Tile for its annual consolidated order of park fixtures in order to maintain the
design standard, quality of product, and high level of service experienced in the past.
The Parks and Recreation Department will cooperate with the Purchasing Department to
develop a formal solicitation to select a vendor for park fixtures for FY 05,
-..-..
Fiscal Impact: Funds are budgeted within various Parks and Recreation project and
maintenance budgets.
Growth Mana(lement Impact: No Growth Management Impact is associated with
this action.
Recommendation: That the Board of County Commissioners authorizes purchase of
park fixtures from Wausau Tile at a cost of S37,R26.38 for park projects and
maintenance.
-
Agenda Item No. 1602
June 8,.2004
Page 1 of 2
"-"""'"".'~'''''''''.'_.'-" "..... <""""""",~".'.,,,,-,,,,,""'." .'......",.".... ~".
COLLIER COUNTY
....-, SOARD OF COUNTY COMMISSIONERS
Item Number 15D2
Item Summary A;;thnr!ZH purcha~;B of pc:rK fl>:1urBS frorn V\'HUSHU Tnf~ at .a cost of $37.826 ~~8
fGr park projects ar:d majntenance.
Meeting Date 6!8/2004 9:00:00 AM
Approved By
Scott Johnsc,n Purchasing Agent Oz;te
Administrative Services Purchasing 5!28i2004 S: 29 AM
Approved By
St!lve Camp-II PE;n-:113singIGr,nllral S\lCS Dir!lctor Di!fe
Admmlstr<:tive S!lrvices PEJrcl13Slng 'i!211/2004 12:05 PM
Approved By
Muron Sm;U., F.!e;;cl1 MH~ W~f\;ll' Superint€nl%nt l)~~\;l
Public Ser..k.f';; Parks i!nd Rf,ur:,1tion 'i!211:20fl4 ~U 9 AM
A pproved By
J(Jhf: Cunm:ck Public Ser'yjces Admini-striltfH D~t~
Publi,: Ser:;kes Public Ser'ykes Ad:nir'. S!,i2G04 ".:52 PM
,,,- A pproved By
Pat Lehnh<:,d Adm:n~5t"i3t;V~' As:sist~nt wate
C::;;..mty MarmgEir"s Office Office of Mi\nagem<:llt & Bu(ig'..'t 5!~:Z()04 4:07 PM
Approved By
Gar,; A. \t;'h:"nt M,:n<:gllmr,nt & Budgr:f Ana~y;;t l.'latf:
CO'-lnty Man3gE'r's Office Office of Management & BudgE~ 5/1 l.2UQ4 4>i 3 P~1
Approved By
Midmel SI"!'lYk,~wski M,~nag€f'lM;~ & eudg"'~ Oired(~r l),,(e
County M<:t1,1gP-r'S Off'ce Office of ~<lL1n<:g!lmf,nt & B"dg..:~ U:1!20ti4f;;511 PM
A pproved By
Let> E. Ochs. ,lr.. D~pti(y Gount.1i M;'Jm~ger D"te
8~;'JH"! of County
Co(n(ne.:;skJ>ner~3 CO\.lnty Mar;3gE'r's Office ;}!2!2004 S:5~ AM
--
Agenda Item No. 16D2
June 8, 2004
Page 2 of 2
-...--.,.-.- .'H_ -- -'-
_. EXECUTIVE SUMMARY
Recommendation to award bid # 04-3630 in the amount of $330,427 "Fa9ade
Renovations of the Collier County Courthouse" to Surety Construction
Company.
OBJECTIVE: That the Board of County Commissioners award Bid # 04-3630 to
Surety Construction Company for the facade renovations of the Collier County
Courthouse.
CONSIDERATIONS: As part of the Department of Facilities Management's Capital
improvement program, Courthouse fagade renovations were budgeted this fiscal
year to replace terrazzo on and around the front entrance of the Courthouse. The
current terrazzo is dilapidated, no longer adhering to the building properly due to
years of weathering and water penetration, and has created an unsafe condition.
On April 21, 2004, three (3) bids were received for the renovation of the Collier
County Courthouse (see attached bid tabulation sheet). N R Contractors Inc. was
initially the low bidder, but failed to submit required information concerning
subcontractors and suppliers as set forth in bid requirements, thereby disqualifying
them from award. Surety Construction Company was the second lowest bidder
with a total bid of $330,427 (including alternates 1-3) and met all required
.-. qualifications and bid specifications.
This capital improvement project will help to create a safer work environment while
protecting the Courthouse infrastructure from weathering and water intrusion.
FISCAL IMPACT: This project was anticipated and budgeted in the FY-04
Facilities Management 301 Capital Projects fund under the Courthouse project no.
52004.
GROWTH MANAGEMENT IMPACT: There is no impact on the Collier County
Growth Management Plan.
RECOMMENDATIONS: That the Board of County Commissioners award Bid #
04-3630 and all of its alternates (1-3) to Surety Construction Company for the
facade renovation of the Collier County Courthouse and authorize the Chairman to
sign an Agreement with Surety Construction Company after review and approval
by the County Attorney's Office.
.-.
Agenda Item No. 16E1
June 8, 2004
1 of 3
-_.~ ............ ""'~___'_'III",,".A'''"_' ., ~''''''.'''''''k,",_',",'",..,_,.,. ...-..."'~ ",-'-, .~,.,,~."".'"'....~"" _..-.".,_.."...'--...._~- .~
.- COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number 16E1
Item Summary Recommendation to award bid # 04-3630 in the amount of 5330,427 "Facade
Renovations of the Comer County Courthouse" to Surety Construction
Company.
Meeting Date 6/8/2004 9:00:00 AM
Prepared By
Damon Go!~zalcs Date
Administrative Services FaciHties Management 5111/200410:03:05 AM
Approved By
Scott JorHlson Purchasing Agent D<ltll!
Administrative Services Purchasing 5120/2004 8: 59 AM
A pproved By
Skip Camp, C.F.M. Facilities Management Director Date
Administrative Servicll!s f~:ciHtill!s Management 5/25/200410:49 AM
Approved By
Steve Carnell Purchasing/General Svcs DIrector Date
Administrative Services Purchasing 5/26/2004 8:56 AM
A pproved By
Len Golden Price Administmtlvll! Servlcll!s Administrator Date
Adminlstratlve S,Hv~ces Administrative Servlces Admln. 5/27i2iHl4 1:55 PM
A pproved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of M<lnagll!ment & Budget 512812004 2:39 PM
Approved By
James V. Mudd County Manage!' Date
Board of County
- Commissioners County Manager's Office 5131120043:06 PM
Agenda Item No. 16E1
June 8, 2004
2 of 3
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^', '" ."
,.....-.. EXECUTIVE SUMMARY
Recommendation to reject all bids received under Bid 804-3620, sale of surplus aircraft
Cessna 182
OBJECTIVE: To reject all bids received and reissue as a surplus bid to sell the surplus aircraft
pursuant to BOCC direction.
CONSIDERATION: Bid 804-3620 was posted on February 6, 2004 in the lobby of the
Purchasing Building, There were three (3) bids received, The Purchasing Department along with
Airport Authority staff have concluded the three (3) responding bidders did not the meet fair
market value for the surplus aircraft. Staff recommends this be re-solicited through a more
appropriate industry specific advertising method.
FISCAL IMPACT: There is no fiscal impact.
GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan.
-- RECOMMENDATION: That the Board of County Commissioners reject the bids received under
Bid S04-3620 for Sale of Surplus Aircraft Cessna 182.
-
Agenda Item No. 16E2
June 8, 2004
1 of 3
--- .,,,,,.,';'--"'.'''' " "''''--''''''''';~'''''''~
.
.
".- COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number 16E2
Item Summary That the Board of County Comrnissloners reject the bids receIved under Bid
304-3620 for Sale of Surplus Aircraft Ces~~na 182.
Meeting Date 6/8/2004 9:00:00 AJVI
Approved By
Steve Camel! Purchasing/General Svcs DIrector Date
Adm:nlstf'<\tive SEJrvices Purchmdng 5126/2004 11 ~52 AM
A pproved By
Len Golden Price Adrninistmtlve Services Administrator Date
Admin!strative Services Administrative Services Admin. 5/27i20D4 1 :53 PM
Approved By
Randy Greenwald Management/8udget Analyst Date
.-. Board of County
Commlssioners Offlce of Management & Budget. 5/28/2004 1 :25 PM
Approved By
Michael Smyimwskl Management &: Budget Director Date
County M<mager's Office Office of Management & 8miget 5/28/2004 1 ~ 15 PM
Approved By
James V. Mudd County M<mager Date
Board of COlmty
Commissioners County Manager's OWce 5/31 i2004 1: 38 PM
_.
Agenda Item No. 16E2
June 8, 2004
2 of 3
.- -~- ._"~., -..
Projecl Title: Surplus Sale orOne (1) 1975 Cessna 182P Project Mgr: Robert Tweedie
Skylane Ain:rdft Department: Airport Authority
Tabulation for Bid: 504-3620
Opening Date: ~arch 17. 2004
QU.Knlity Ues<:riplion Sun Charier, LLC Quality Jcrdld L. Wal.h....c
Enterprises
I. each I 75 Cessna lX2P Shlnne
.. " "'fM"lf'in ( 1 '"n N\ <<, "" M
. ""nn~" 'r;"hel<
Wi me,,' "",h,,"" """t-.
Agenda Item No. 16E2
June 8, 2004
Page 1 of 1 30f3
, .
--
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 amount most recently approved by the BCC, 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 the period of April 28, 2004
through May 21,2004
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 Commissioners accepts the enclosed
Administrative Change Order and Administrative Changes to Work Orders Report and ratifies
the listed change orders and changes to work orders.
,,-
Agenda Item No. 16E3
June 8, 2004
1 of 25
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.- COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number 16E3
Item Summary Report and ratify staff-approved change orders and changes to work orders to
Board-approved contracts,
Meeting Date 6/8/2004 9:00:00 ftJv1
Prepared By
Linda Jackson Contracts Agent Date
AdrninistraUve Services Purchasing 5/26/20048:45:25 AM
A pproved By
StIW~! Camel! Purchas!ng/G~rH~ml Svcs O1mctor Date
Administrat;ve Ser,;;ces Purchasing 5/261200410:19 AM
A pproved By
Len Golden Price Administrative Services Administrator Date
-
AdmInistrative SHvices Administrative Serv'kes Admin. 5/27!2004 1 :52 PM
Approved By
Robin Johnson Management/Budget Analyst Date
County Manager's Office Office of Management & Budget 5/27/20043:42 PM
Approved By
Mlchad Smyi<owskl Man<lgem~mt &. Budget Dif(;ctor Date
County Manager's Office Office of Management & Budget 5/28/20048:25 AM
Approved By
James V. Mudd County Manager Date
Board of County
Commissioners County Mana~}er's Office 5/a1!2004 2:46 PM
Agenda Item No. 16E3
June 8, 2004
2 of 25
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,
Page 1 of 4 ADMINISTRATIVE CHANGE ORDER REPORT
May 2004
Item Receipt Vendor Name, Department C I'Iange Previous Change # New Contract % Change acc
Date Project $ Amt. BCC$ Amount Reporting
Contract # Approval Date
1. 4/28/04 Kraft Construction Facilities Mgmt. $23,255.10 $29,397,115.70 No. 14 $29,721,345.44 1.1% June 8, 2004
Naples Jail Project
98-2829
Overview of Chanae: Change No. 14 is a result of the revision to the parking garage foundations. The beams were required to be wider,
to accomplish this, additional concrete, rebar and strap beams between pile caps were added.
------------- -- .
2. 5/5/04 Westra Construction PUED (-$180,000.00) $8,692,500.00 No. 1 $ 8,512,500.00 -2.07% June 8, 2004
Corporation
NCWRF Expansion to 24.1 MGD-Solids Stream
03-3539
Overview of Chanpe: This change order represents the deletion and transfer of the allowance of funds from this contract, which will be
utilized in a separate Liquid Stream contract (County project No. 739501) to implement a temporary odor control system to serve the
Pretreatment Building and Sludge Gravity Thickeners No's 1 and 2 during a 10-month period while permanent odor control systems are
relocated to suit construction.
3. 5/10/04 Kraft Construction Facilities Mgmt. $96,277.17 $29,397,115.70 No. 15 $29,817,623.15 1.43% June 8, 2004
Naples Jail Project
98-2829
Overview of Chanaes: This change is representative of the various fire permit code revisions that Kraft has experienced during the project
which were provided from Fire review.
Agenda Item No. 16E3
Administrative Change June 8, 2004
Order Report =",,,embcr. 2003 Page 13lbf 25
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Page 2 of 4 ADMINISTRATIVE CHANGE ORDER REPORT
May 2004
Item Receipt Vendor Name, Department Change Previous Change # New Contract % Change BeC
Date Project $ Amt. BCC$ Amount Reporting
Contract # Approval Date
4. 5/10/04 Kraft Construction Facilities Mgmt. $43,885.00 $29,397,115.70 No. 16 $29,861,508.15 1.58% June 8, 2004
Naples Jail Project
98-2829
Overview of ChanGes: This change represents the cost of the parking garage entry gates, which are being added as a security measure to allow the
public to park in the garage in addition to County staff.
"'-,
5. 5/10/04 Kraft Construction FaCilities Mgmt. ($1,368.46) $29,397,115.70 No. 17 $29,860,139.69 1.58% June 8, 2004
Naples Jail Project
98-2829
Overview of ChaOSJes: This change represents a change to Collier County's direct material purchase order, No. 4500021306 and is the net results of an
increase to Mayer Electric due to material changes and a reduction to Rinker Material due to a change in the type of wail being utilized.
--
6. 5/11/04 Cougar Contracting Trans/Traffic $17,099.00 $592.400.00 No. 1 $609,499.00 2.89% June 8, 2004
Specialties ATM
03-3495
Master Contract Concrete/Pavement Contractors
Overview of Chanaes: This is an increase to Sidewalk Project #4 in Immokalee on Immokalee Drive and covers additional labor and
materials required to install asphalt and ceramic discs next to the existing edge of pavement. The area is 12" in width and was determined that
it could be a future maintenance issue and a safety concem,
Administratiye Change Agenda Item No. 16E3
June 8, 2004
Order Report Xoyember. 2003 Page 24lbf 25
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'"'-.'-. -..-^.
Page 3 of 4 ADMINISTRATIVE CHANGE ORDER REPORT
May 2004
Item Receipt Vendor Name, Department Change Previous Change # New Contract Ofa Change BeC
Date Project $ Amt. Bee $ Amount Reporting
Contract # Approval Date
7. 5/14/04 OrtivU5 North America EMS Billing $2,500 $25,435.00 No.1 $27,935.00 9% June 8, 2004
(Formerly Sweet, an Ortivus Company)
97-2668
EMS Billing Software
Overview of Change: Due to expansion of the EMS billing database, from the time the contract was awarded to Sweet, EMS was charged
an additional $2,500 to cover the labor involved to convert the additional data.
8. 5/14/04 Southwest Utility PUED ($3(300) $845,415.00 No.1 $842,115.00 -0.39% June 8, 2004
Systems, Inc.
03-3529
Vanderbilt Beach Road Reclaimed Water Main
Overview of Change: This change order covers the change of the Tiburon Drive crossing from open cut to directional drill. Also
included is a change to Wilshire Lakes Blvd. Crossing, from jack and bore to directional drill. Changes were also made to the
driveway and cased crossings from DR 18PVC to DR 25 PVC. These changes were made to avoid impacting the existing sign, light
poles, paver bricks, landscaping and underground utilities. DR18 PVC is not readily available and is not required by County standards.
9. 5/14/4 Douglas N. PUED ($23,830.23) $1,765,295.00 NO.1 $1,741,464.77 -1.35% June 8, 2004
Higgins, Inc.
03-3545
Western Interconnect Phase II for Wastewater Collection Systems
Overview of Chanae: This change order represents the net results of additional work resulting from changes in requirements or alignment
for unforeseen conditions at the project site. There were also deductive changes to reconcile actual quantities with estimated quantities.
Agenda Item No. 16E3
Administrative Change June 8, 2004
Order Report .\"ovemrer. 2003 Page 35'bf 25
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Page 4 of 4 ADMINISTRATIVE CHANGE ORDER REPORT
May 2004
Item Receipt Vendor Name, Department Change Previous Change # New Contract Ofo Change BeC
Date Project $ Amt. BCC $ Amount Reporting
Contract # Approval Date
10. 5/14/04 CH2M Hill Transportation $66,420.00 $1,404,387.00 SA NO.1 $1,470,807.00 4.73% June 8, 2004
02-3398
Collier Boulevard, Golden Gate Boulevard to Immokalee Road
Overview of Change: Supplemental Agreement No.1 provides additional money to compensate for design services required to revise
The roadway section to include bicycle lanes. This change is recommended after considerable engineering and community input.
-, 11. 5/19/04 Kraft Construction Facilities Mgmt $33,203.16 $29,397,115.70 No, 18 $29,893,342.85 1.69% June 8, 2004
98-2829
Naples Jail
Overvl_ of Change: This change covers the galvanization of the wire mesh panels for the exterior openings and Interior ramp panels
at the parking garage. This was added to prevent the wire from rusting due to Florida weather conditions, and will prevent the
rust from staining the garage walls.
12. 5/20/04 BSSW Architects Facilities Mgmt $12,600.00 $267,050.00 No. 5 $291,037.00 8.98% June 8, 2004
99-2930
Collier County Government Service Center
Overview of Change: This change covers the cost associated with bid phase services for the re-bid for construction of Collier County
Government Services center. Note: The prior construction contract with Brooks and Freund was approved for termination at the Collier County
Board of Commissioner's meeting on Tuesday, May 11, 2004. Bid services for the re-bid are now required.
Administrative Change Agenda Item No. 16E3
June 8, 2004
Order Report )iovemtJer. 2003 Page 4(3)bf 25
_.
>,_._~ -. , -."
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,
CONTRACT MODIFICATION
CHECKLIST FORM
PROJECT NAME: Naples Jail PROJECT #: 52008
tit
BID/RFP #: ~.2829 MOD #: 14 .AMOUNT OF THIS CHANGE 23,255.10
PO #: 4500012306 Work Order #:
CONTRACT AMOUNT: ORIGINAL $ 34,402,176.00 CURRENT $29,721,345.44
(STARTING POINT) (INCLUDING THIS CHANGE ORDER)
Last BCC Approved Amount $29,397,115.70
(LAST TOTAL AMT. REQUIRING BCC APPROVAL)
Date of Last BCC ApprovaI9/9/03 Agenda Item # 16 F 1,
Percentage of the change over/under current contract amount 1.1 %
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: 6/13/05 CURRENT:6/13/05
SUMMARY OF PROPOSED CHANGE (S): Foundations revisions at the ParkinQ GaraQe.
JUSTIFICATION FOR CHANGE (S): Grade beams needed to be made wider, additional
concrete and rebar and added strap beams between pile caps.
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 consul tea' regarding the change
Y _ Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANA -f1.21htr-
APPROVE: Date:
DISAPPROVE- Date: / .
COMMENTS.
Agenda Item No. 16E3
REVISED 9/9/03 June 8, 2004
7 of 25
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CONTRACT MODIFICATION
CHECKLIST FORM
PROJECT NAME: NCWRF Expansion to 24.1 MGD - Solids Stream PROJECT #: :739502
BID/RFP #: 03-3539 MOD #: 01-01 AMOUNT OF THIS CHANGE $ (-) 180,000.00
PO #: 4500016028 Work Order #: NIA
CONTRACT AMOUNT: ORIGINAL $8,692,500.00 CURRENT $8,512,500.00
(STARTING POINT) (INCLUDING THIS CHANGE ORDER)
Last BCC Approved Amount $8,692,500.00
(LAST TOTAL AMT. REQUIRING Bee APPROVAL)
Date of Last BCe Approval: 9/23/03 Agenda Item # 10A - ~ . () 7 0/.
Percentage of the change over/under current contract amount: (-) 2.1 % it s- I!" joct
Formula: (Current Amount 1 Last BCe 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 (5):
PROJECT SUBSTANTIAL: ORIGINAL: 07/0212005 CURRENT: 07/0212005
PROJECT FINAL: ORIGINAL: 0913012005 CURRENT: 09/30/2005
-~
SUMMARy'OF PROPOSED CHANGE (S): Delete and transfer from this Expansion to 24.1 MGD - Solids
Stream contract (County Project No. 739502) to a separate liquid Stream contract (County Project No. 739501) of"
allowance funds for implementation of a temporary odor control system to serve the Pretreatment Building and
Sludge Gravity Thickeners Nos. 1 and 2 during a 10-month period while permanent odor control systems are
relocated to suit construction.
JUSTIFICATION FOR CHANGE (5): The Solids Stream contract currently contains a $200,000 allowance item
for temporary odor control facilities. It is more prudent to transfer the scope of work for the temporary odor control
facilities to the Liquid Stream construction contract for the following reasons:
1. The Liquid Stream contractor needs to implement the temporary odor control facilities as soon as possible
to expedite his contract work in this area, Specifically, the liqUid Stream contractor needs to relocate the
existing PretreatmenVThickener Odor Control System out of its current location in order to install three 24-
inch buried aeration influent pipelines in accordance with the critical path of his construction schedule. . If
the Solids Stream contractor implements the temporary odor control system, there would likely be
additional impacts/delays to the Liquid Stream schedule due to coordination conflicts.
2. The temporary odor control system was originally designed to be a leased activated carbon unit to serve
the Pretreatment Building and Sludge Gravity Thickeners until a chemical wet scrubber system could be
relocated to the Aeration Basins and a larger wet scrubber could be relocated to serve the Pretreatment
Building and sludge tanks. The relocation of the chemical scrubber to the Aeration Basins is the
responsibility of the Liquid Stream contractor. The County recently stated their preference not to implement
an activated carbon-based system. Since. the original 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-yearlife-cycle cost analysis indicates that a permanent biofiltration system will result in a net
- savings of $300,000 over the originally planned chemical wet scrubber system.
, Agenda Item No. 16E3
June 8, 2004
8 of 25
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.
I
I
Collier County Public Utilities I
I
North Regional Water Reclamation Facility . i
Expansion to 24.1 MGD - Solids St;-~am ~
Change Order No.1, Mod. No'-u1
Of the total allowance amount of $200,000, an amount of $20000 is being retailed in this Solids Stream
contract to address temporary odor control provisions for the Sludge Dewatering Building and to maintain
ventilation rates within the Dewatering Building in accordance with OSHA standards.
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) I
. reposed change is consistent with the scope of the existing agreement I
. ~roposed change is in fact an addition or deletion to the existing scope 'I
~ange is being implemented in a manner consistent with the existing agreement
e appropriate parties have been consulted regarding the change I
Proposed prices, fees and costs set forth in the change are reasonable i
;
CONSULTING ENGI 'l-'t~ -0'1 I
RECOMMEND: Date:
DO NOT RECOMMEND: Date: p
PROJECT MANAGE~Rr;Jt:J1DATION: Date: Sf 4{ a1- 11
RECOMMEND: : if
DO NOT RECOMMEND: Date:
I:
COMMENTS:
Agenda Item No. 16E3
CDC-LS-C01-1. doc4l27/2004 Page 20'2 June 8, 2004
9 of 25
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- CONTRACT MODIFICATION
CHECKLIST FORM
PROJECT NAME: Naples Jail PROJECT #: 52008
BID/RFP #: 98-2829 MOD #: 15 _AMOUNT OF THIS CHANGE 96,2n.71
PO #: 4500012306 Work Order #:
CONTRACT AMOUNT: ORIGINAL $ 34,402,176.00 CURRENT $29,817,623.15
(STARTING POINT) (INCLUDING THIS CHANGE ORDER)
Last BCC Approved Amount $29,397,115.70
(lAST TOT At ANT. REQUIRING BCC APPROVAL)
Date of Last BCC Approval9/9/03 Agenda Item # 16 F 1,
Percentage of the change over/under current contract amount 1.43 %
Formula: (Current Amount 1 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 (8): ORIGINAL: 6/13/05 CURRENT:6113105
SUMMARY OF PROPOSED CHANGE (5): Permit Code Revisions
JUSTIFICATION FOR CHANGE (5): Additional cost has been generated due to numerous
...-- electrical and fire alarm revisions.
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 MA ~4--r-
APPROVE: Date:
DISAPPR Date: J
COMME <
"
-
Agenda Item No. 16E3
June 8, 2004
10 of 25
REVISED 9/9/03
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.- ....~.-
CONTRACT MODIFICATION I
CHECKLIST FORM
PROJECT NAME: NaDlu Jail PROJECT #: S2008
BID/RFP #: 98-2829 MOD #: 18 _AMOUNT OF THIS CHANGE 43,885.00
PO #: 4500012306 Work Order #:
CONTRACT AMOUNT: ORIGINAL $ 34,402,178.00 CURRENT $29,861,S08.15
(STAInING POINT) (INCLUDING nlls CHANGE ORDER)
Last BCC Approved Amount $29,397,115.70
(LAST TOTAL AMT. REQUIRING Bce APPROVAL)
Date of Last Bee Approval9/9f03 Agenda Item # 16 F 1,
Percentage of the change over/under current contract amount 1.58 %
Formula: (Current Amount I Last BCC approved amount}-1
Results and Actions: If the change exceeds 10% BCe approval Is required; under 10% reported
to BCC on Purchasing report
CURRENT COMPLETION DATE (S): ORIGINAL: 6/13/05 CURRENT:6113/05
SUMMARY OF PROPOSED CHANGE (8): Parklno Garaoe Entrv Gates. Concrete Island & Steel
Bollards,
JUSTIFlC.ATION FOR CHANOE (8): Additional cost to subcontractors to cover mater1a.ls
dEad a550Ciated labor" t~"~ gates to the Parki-ng garage. It was contemplated at the
onset of the project that entry gates were to be included, subsequently, the gates
were rerooved and are now being added back in as a 3ecuri ty mea3ure.
PARTIES CONTACTED REGARDING THE CHANGE: SkiD CamD. Jack Croanale
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NlA)
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 ..r!tok-"""-
APPROVE: Date:
OISAPPRO Date: . /
COMME
REVISED 9/9/03 Agenda Item No. 16E3
June 8, 2004
11 of 25
CONTRACT MODIFICATION
- CHECKLIST FORM
PROJECT NAME: Naples Jail PROJECT #: 52008
BID/RFP #: 98-2829 MOD #: 17 _AMOUNT OF THIS CHANGE (1,368.46)
PO #: 4500012306 Work Order #:
,
CONTRACT AMOUNT: ORIGINAL $ 34,402,176.00 CURRENT $29,860,139.69
(STARTING POINn (INCLUDING THIS CHANGE ORDER)
Last BCC Approved Amount $29,397,115.70
(LAST TOTAL AMT. REQUIRING BCC APPROVAL)
Date of Last BCC ApprovaI9/9/03 Agenda Item # 16 F 1,
Percentage of the change over/under current contract amount 1.58 0/.
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 BeC on Purchasing report.
CURRENT COMPLETION DATE (S): ORIGINAL: 6/13/05 CURRENT:6/13/05
SUMMARY OF PROPOSED CHANGE (S): Increase Mayer Electric Purchase due to chanaes. and
reduce Rinker Material due to chanoes in wall tyoe.
JUSTIFICATION FOR CHANGE (S): These are both PO Modification due to minor changes.
.-
PARTIES CONTACTED REGARDING THE CHANGE: Skip Camp. Jack Croanale
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 M .r//~~4-
APPROVE: Date:
DISAPP V. Date: /
COM
,,--
Agenda Item No. 16E3
June 8, 2004
REVISED 9/9/03 12 of 25
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Gtl,l-/V>-
CONTRACT MODIFICATION
CHECKLIST FORM
PROJECT NAME: CountyWIde Sidewalk Project PROJECT #: 313.163673..763100-60173
BID/RFP #: 03-3495 Master Contrad Concrete/Pavement Contractors MOD #: I
AMOUNT OF THIS CHANGE $17,~.OO
PO #: 4500021124 Work Order #: NA
CONTRACT AMOUNT: ORIGINAL $592_.u')n M (Project #4 Immokalee Area $190,000.00)
CURRENT $609,4IR.OO (Project #4 rmmokalee Area $207,~.OO)
, (STARTING POINT) INCLUDING THIS CHANGE ORDER)
Last BCe Approved Amount $$592,400.00
(lAST TOTAL AMT. REQUIRING Bce APPROVAL.)
Date of Last BCC ApprovaI10/14103 Agenda Item # 1684 olt7 'I. /r'
Percentage of the change over/under current contract amount approximately under 30;. over total
amount of PO
Fonnula: (Current Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC.approval is required; under 10% reported to Bce
on Purchasing report.
CURRENT COMPLETION DATE (8):
ORIGINAL: $592.400.00 (Project #4lmmokalee Area $190,000.00 CURRENT: $609,400.00
(Project #4 Immokalee Area $207.000.00)
SUMMARY OF PROPOSED CHANGE (S): The $17,0'1.00 increase to the Sidewalk Project #4 In
Immoklee on Immokalee Drive Is for the additional labOr and materials needed to Instan asphalt and
caramjc discs next to the existIng edge of pavement and between the new sIdewalk edge. The area
is approximately 12" In width and was felt to be a future maintenance Issue and safety concern.
Direction to address the Issue was give by Diane Flagg. The cost submitted by the Contractor has
been reviewed by the Project Engineer and prices were found to be acceptable.
JUSTIFICATION FOR CHANGE (5): See above explanation of Summary of proposed change.
PARTIES CONTACTED REGARDING THE CHANGE: DIane Flagg, David Schmitt the Project Engineer,
Dave Dornton of Road Maintenance
IMPLEMENTATION STEPS (Verify each before proceeding with change usIng Y. Nor NJA)
_ 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: Yes -Val Prince Date: 251Mar/04 \ .
DISAPPROVE:' ./ Date:
COMMENTS:
, Agenda Item No. 16E3
Revised 8/22/03 June 8, 2004
13 of 25
CONTRACT MODIFICATION
_. CHECKLIST FORM
PROJECT NAME: Sweetsoft - EMS Billinq Software PROJECT #:
BIDIRFP #: 97-2668 MOD #: 1 AMOUNT OF THIS CHANGE $2,500.00
PO #: 4500015434 Work Order #:
CONTRACT AMOUNT: ORIGINAL $ 25,435.00 CURRENT $27,935.00
(STARTING POINT) (INCLUDING ntlS CHANGE ORDER)
last BCC Approved Amount $25,435.00
(LAST TOTAL AMT. RECUIRING BCC APPROVAL)
Date of last BCC Approval: February 11, 2003 Agenda Item: #16-0-3
Percentage of the change over/under current contract amount: 9%
Formula: (Current Amount / Last Bee approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported
to BCe on Purchasing report.
CURRENT COMPLETION DATE (S): ORIGINAL: 02/11/2003 CURRENT: 10/14/2003
SUMMARY OF PROPOSED CHANGE (S): Increase Sweetsoft contract amount from
$25.435.00 to $27.935.00 ($2.500.00)
-
JUSTIFICATION FOR CHANGE (S): Due to expansion of our EMS Billina database
since oriainal contract was approved. Data base increased substantially since oriainal contract was
approved, which meant more time and labor involved to convert additional data.
PARTIES CONTACTED REGARDING THE CHANGE: Sweetsoft contacted Collier County EMS
and iustified the reauested increase.
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 ~~~ECOMMENDATlON: Date: S/;tl.boo y
APPROVE:
DISAPPROVE: Date:
COMMENTS:
-
Agenda Item No. 16E3
June 8, 2004
REVISED 9/9/03. 14 of 25
~..- - .-.. .._,---
CONTRACT MODIFICATION
CHECKLIST FORM
PROJECT NAME: Vanderbilt Beach Road Reclaimed Water Main
PROJECT #: 74034
BID/RFP #: 03-3529 MOD #: L- AMOUNT OF THIS CHANGE ($3,300.00)
PO #: 4500023378
CONTRACT AMOUNT: ORIGINAL ~845.415.00 CURRENT $842.115.00
(STARTING POINT) (INCLUDING nfls CHANGE ORDER)
Last BCC Approved Amount $ $845.415.00
(LAST TOTAL AMT. REQUIRING BCC APPROVAL)
Date of Last BCC Approval 12/16/03 Agenda Item # 10 F
Percentage of the change over/under current contract amount -0.4 % 639
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: 8-28-04 CURRENT: 8-28-04
SUMMARY OF PROPOSED CHANGE (S): Chance Tiburon Drive crossino from open cut to
directional drill. Chanae Wilshire Lakes Blvd. crossina from iack & bore to directional drill. Chanoe
driveway and cased crossinas from DR 18 PVC to DR 25 PVC.
JUSTIFICATION FOR CHANGE (S): To avoid imoactina existino sion. lioht poles, paver bricks.
landscapinc and underoround utilities. DR 18 PVC is not readilv available and is not reouired bv
County Standards.
PARTIES CONTACTED REGARDING THE CHANGE: Contractor, CEI. Desion Consultant. and
Wastewater 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: ~LL- ~ 'P.v~ Date: April 26. 2004
DISAPPROV : Date:
COMMENTS:
Agenda Item No. 16E3
June 8, 2004
REVISED 9/9/03 15 of 25
CONTRACT MODIFICATION
~ CHECKLIST FORM
PROJECT NAME: Western Interconnect Phase II for Wastewater Collection Systems
PROJECT #: 73076
BID/RFP #: 03-3545 MOD #: 1-- AMOUNT OF THIS CHANGE ($23.830.23)
PO #: 4500015055
CONTRACT AMOUNT: ORIGINAL $1.765.295.00 CURRENT $1.741.464.n
(STARTING POINT) (INCLUDING THIS CHANGE ORDER)
Last BCC Approved Amount $ $1,765.295.00
(LAST TOTAL AMT. REQUIRING BCC APPROVAL)
Date of Last BCC Approval 9/9/03 Agenda Item # 16 F 1. Item 9
Percentage of the change over/under current contract amount -1.3~ %
Formula: (Current Amount / Last BCe approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported
to BeC on Purchasing report.
CURRENT COMPLETION DATE (S): ORIGINAL: 3-20-04 CURRENT: 4-11-04
SUMMARY OF PROPOSED CHANGE (S): Additional work resultina from chances in
requirements or alicnment. or from unforeseen conditions. To reconcile actual auantities with
- estimated Quantities.
JUSTIFICATION FOR CHANGE (S): Wastewater staff reouested different ARV's and additional
valve. Existino underaround utilities conflicted with the proposed alianment. Proposed
connections to pump stations interfered with pump removal for maintenance. Directional drillina
limited road damaae. To reconcile Quantities.
PARTIES CONTACTED REGARDING THE CHANGE: Contractor. Desion Consultant. and
Wastewater Director.
IMPLEMENTATION STEPS (Verify each before proceeding with change usIng Y, N or N1A)
_ 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 REC~~TlON: Date: April 28. 2004
APPROVE: ~ >:J:, ::L.
DISAPPROVE: Date:
COMMENTS:
-
Agenda Item No. 16E3
June 8. 2004
REVISED 9/9/03 16 of 25
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,..~-_.." '^-~'" - "'- _._. ...".,,~
CONTRACT MODIACA TION
CHECKLIST FORM
PROJECT NAME:Collier Boulevard. Golden Gate Blvd to Immokalee Rd PROJECT #: 65061
BID/RFP #: 02-3398 MOD #: SA #1 AMOUNT OF THIS CHANGE $_66.420.00
PO #: Work Order #:
CONTRACT AMOUNT: ORIGINAL $ 1 ,404,387.00 CURRENT $_1 ,470,807.00
(ST ART1NG POINl) (INCLUDING THIS CHANGE ORDER)
Last BCC Approved Amount $ 1.404387.00
(LAST TOTAL AMT. REQUIRING acc APPROVAl)
Date of last BCC Approval 12/17/02 Agenda Item # 100
Percentage of the change over/under current contract amount + 4.7% 4.'13~1r
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: December,2003 CURRENT: July. 2004
SUMMARY OF PROPOSED CHANGE (5): SA#1 provides $66.420.00 to compensate for desian
services reauired to revise the roadway section to include Bike Lanes, This chanoe is
recommended after considerable enoineerino and community input..
JUSTIFICATION FOR CHANGE (S) UP until this point in the desion the roadway section
included 12-foot inside lanes. a 14-foot outside lane. and a ten foot sidewalk on the west. A wide
sidewalk is desioned on the west side for children walkino back and forth from the Oak Ridoe
Middle School. The proposed 14-foot outside lane was to provide room on the roadway for serious
cyclists. Limited ROW & Canal restrictions prompted a conservative desion at the cost of bike
lanes: however makino innovative desion modifications allowed for the installation of bike lanes
consistent with LDC reouirements. To provide four-foot bike lanes in each direction, the roadway
section will be revised to 11-foot inside lanes and a 12-foot outside lane.
PARTIES CONTACTED REGARDING THE CHANGE: T.E.&C.M. Director, Alternative
Transportation Modes Director. and CH2MHILL Consultants.
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N/A)
- Y - Proposed change is consistent with the scope ot 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 .MA~AGE~OMMENDATION: Date: .,. -/ 4--':::' 'I
APPROVE._ ~. :6"7" .- "
DISAPPROVE: Date:
COMMENTS: This chanoe impacted a oreat share of the over 200 plan sheets in the
proiect. Many elements ot the desian re~uired recalculation, includina the permits,
Agenda Item No. 16E3
June 8, 2004
REVISED 9/9/03 17 of 25
- - .-
CONTRACT MODIFICATION
..-- CHECKLIST FORM
PROJECT NAME: Naples Jail PROJECT #: 52008
BID/RFP #: 98-2829 MOD #: 18 _AMOUNT OF THIS CHANGE 33,203.16
PO #: 4500012306 Work Order #:
CONTRACT AMOUNT: ORIGINAL $ 34,402,176.00 CURRENT $29,893,342.85
(STARTING POINT) (INCLUDING THIS CHANGE ORDER)
Last BCC Approved Amount $29,397,115.70
(LAST TOTAL AMT. REQUIRING BCC APPROVAL)
Date of Last BCC ApprovaI9/9/03 Agenda Item # 16 F 1,
Percentage of the change over/under current contract amount 1.690/.
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 (5): ORIGINAL: 6/13/05 CURRENT:6/13/05
SUMMARY OF PROPOSED CHANGE (5): Galvanize the Wire Mesh Panels for the exterior
openinos and interior ramp panels at the parkino Qaraae.
JUSTIFICATION FOR CHANGE (5): It is possible due to heavy rain and humidity inherent to
- southwest Florida that the wire could rust over time which would stain the garage walls.
PARTIES CONTACTED REGARDING THE CHANGE: Skip Camp. Jack Croonale
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor 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 NDATlON: .s-~,?~ 4-
APPROVE: Date:
DISAPPRO Date:
-
Agenda Item No. 16E3
REVISED 9/9/03 June 8, 2004
18 of 25
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CONTRACT MODIFICATION
CHECKLIST FORM
PROJECT NAME: Collier County Gov. Service Center PROJECT #: 52534
BID/RFP #: CjQ-r}7'3() MOD #: 5 AMOUNT OF THIS CHANGE $12,600.00
PO #: 106639 Work Order #:
CONTRACT AMOUNT: ORIGINAL $ 267,050.00 CURRENT $291,037.00
(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 8.98-;.
Formula: (Current Amount 1 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 bid phase services for the re-bid for
construction of Collier County Government Services Center Facility located at Orange
Blossom Dr.
JUSTIFICATION FOR CHANGE (S): Prior Construction Contract with Brooks and Freund was
approved for termination at the Collier County Board of Commissioners meeting on Tuesday,
May 11, 2004. Bid services for ie-bid are now needed.
PARTIES CONTACTED REGARDING THE CHANGE: SkiD Camo. Jack Croanale
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 DATION: sJ~ /o-r-
APPROVE: Date:
DISAPP~ . Date: . /
COMME :
Agenda Item No. 16E3
June 8, 2004
REVISED 9/9/03 19 of 25
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-
Page 1 of 2 ADMINISTRATIVE CHANGES TO WORK ORDERS REPORT
May 2004
Item Recpt. Vendor Name, Department Previous Change Change Revised "IoChange BCC
Date Project #, Work Order $ Amount No. W.O. Reporting
Work Order # Amount Amount Date
Contract #
Contract Name
1. 5/5/04 Griner's Pipeline Wastewater $60,444.00 $11.00 No. 1 $60,455.00 .02% June 8, 2004
Service Collections
CCWW-01
03-3455
Trenchless Sewer System Rehabilitation Contracting Service
Overview of Chanae: The original estimate of service connections was twenty-five (25), however, in the process of the work to be done, it
was determined that there were actually thirty-six (36) connections.
"-.
2. 5/5/04 Griner's Pipeline Wastewater $127,355,00 $1,736.00 No. 1 $129,091.00 1.36% June 8, 2004
Service Collections
CCWW-02
03-3455
Trenchless Sewer System Rehabilitation Contracting Service
Overview of Chanae: The original estimate of the line for Bay Meadows Drive was inaccurate; at the work sight it was determined that the
estimate was 56 linear feet short of the actual required amount of line.
3. 5/5/04 Griner's Pipeline Wastewater $212,702.00 $3,082.00 NO.1 $215,784.00 1.45% June 8, 2004
Service Collections
CCWW-03
03-3455
Trenchless Sewer System Rehabilitation Contracting Service
Overview of Chanae: The original estimate of service connections at Palmetto Dunes Circle were under estimated. At the worksite, it was
determined that there were an additional thirteen (13) service connections and additional linear footage of material were required to complete
the project.
AdminislraLive Change Agenda Item No. 16E3
June 8, 2004
To Work Order Repon February 21XJ4 1 of 2 20 of 25
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.~~, ,. ,~ ......-- ---.. ....--.--,..,
.
Page 2 of 2 ADMINISTRATIVE CHANGES TO WORK ORDERS REPORT
May 2004
Item Recpt. Vendor Name, Department Previous Change Change Revised O/OChange BCC
Date Project #, Wortc. Order $ Amount No. W.O. Reporting
Work Order # Amount Amount Date
Contract #
Contract Name
4. 5/5/04 Griner's Pipeline Wastewater $113,661.00 $5,788.00 NO.1 $119.449.00 5.09% June 8, 2004
Service Collections
CCWW-08
03-3455
Trenchless Sewer System Rehabilitation Contracting Service
OvervIew of Chanae: The original estimate of service connections at Palm River and Cypress Way East were under estimated. At the work
sites, it was determined that there were actually a total of six (6) more connections for these two areas along with an additional four (4)
connections that were not identified until the work was being done.
Note: These four (4) changes to work orders were a result of unforeseen conditions at the project sites. The original quantities were
determined during surface surveying, however, the actual quantities of materials or connections required were more than anticipated
once the work began underground.
Administrative Change Agenda Item No. 16E3
June 8, 2004
To Work Order Report February 2004 2 elf 2 21 of 25
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.
CONTRACT MODIFICATION
r CHECKLIST FORM
PROJECT NAME:~&,.) <:.Ii leSS SE0U f<6-h.+t3 PROJECT #: 7309';;" )
BID/RFP #: 03 -37'SSMOD #: oPe. AMOUNT OF THIS CHAr-,tGE $ /1, 0 0
PO #: Lf5~6o 13 07..3 Work Order #: CL. 41W -0 I
CONTRACT AMOUNT: ORIGINAL $ ~6, Lft./Cf, ()() CURRENT $ h 6, ?~..s; 6 Q
(STARTING POINT) (INCLUDING THIS CHANGE ORDER)
Last BCC Approved Amount $ }..)II'}-
(LAST TOTAL AMT. REQUIRING BeC APPROVAL.)
Date of Last BCC Approval }...fA-- Agenda ttem # IJIt-
Percentage of the change over/under current contract amount J () J..... - %
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): ORIGIN~L: 1-/3 -0 <-( CURRENT: !-j3-a <(
SUMMARY OF PROPOSED CHANGE (S): ,
r JUSTIFICATION FOR CHANGE (S): . S 6- It. v j' '- e. C OJVi4> e ,-{- ~"1,; .s Go<.- ;+-..$
II ()') o(It... ~ -1/' A--> 15 s-r, .+1 A ie t/
PARTIES CONTACTED REGARDING THE CHANGE: D rl-u ;:;. FS 17 5
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor NJA)
y.. Proposed change is consistent with the scope of the existing agreement
L. 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
L The appropriate parties have been consulted regarding the change
X- Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANA~OMMENDATION: Date: ~. !00-\
APPROVE: ~
DISAPPROVE: Date:
COMMENTS:
,--
Agenda Item No. 16E3
REVISED 9/9/03 June 8, 2004
22 of 25
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CONTRACT MODIFICATION
CHECKLIST FORM
PROJECT NAME:1-<e""'.:IiL..:-s.5 5t3w&< f<efl.~"l ;-/"'1; ~ PROJECT #: 73 0 ~.;{ /
BID/RFP #:CJ3 -J<]tS-)MOD #: I AMOUNT OF THIS CHANGE $ I. 'I "3 fo, 0 D
PO #: lf5't:Ioo 13 () ')~ Work: Order #: c..c.. w w - 0 2-
CONTRACT AMOUNT: ORIGINAL $/~? 3S~o 0 CURRENT $/~el# 1P1/,00
(STARTING POINT) (INCLUDING THIS CHANGE ORDER)
Last BCC Approved Amount $ ;\lJ4
(LAST TOTAL AMY. REQUIRING BCC APPROVAL)
Date of Last BCC Approval ,A)1'lJ- Agenda Item # p.)
, 3(..
Percentage of the change ~/under current contract amount l%
.
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 (5): ORIGINAL: /1 - 2 '{ - 0 '3 CURRENT: I ~ - :t - 0 3
SUMMARY OF PROPOSED CHANGE (5):
JUSTIFICATION FOR CHANGE (S): L; 1Je.. 41 1.3,A. V /1'1 e..:t d 6 '" S f);e;.J e
W45 5f> L..F p1 r:>-1Lt! "II, ev ~7jJ'Vl t+7C?r(.,
PARTIES CONTACTED REGARDING THE CHANGE: DAue- r: If s
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
t. Proposed change is consistent with the scope of the existing agreement
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 MANAGEf~MMENDATION: Date: \..{. ~ U '0 l'
APPROVE: ~ . ~
DISAPPROVE: Date:
COMMENTS:
, Agenda Item No. 16E3
REVISED 9/9/03 June 8, 2004
23 of 25
CONTRACT MODIFICATION
CHECKLIST FORM
.f PROJECT NAME~~,ucIlLt3S5 S jf%Up<.- I!-1fH~8 PROJECT #: 7 3 0 8" ~ /
BID/RFP #p3-JyITMOD #: o ~ e.... AMOUNT OF THIS CHANGE $ "3;. (} ~ . V C)
PO #: '-f5ooo 1301 I Work Order #: C c.. LV .v-o:3
CONTRACT AMOUNT: ORIGINAL $ ~ / ;'1., '70)" 00 CURRENT $ :l.../5', "7?<fr d ()
(STARTING POINT) (INCLUDING THIS CHANGE ORDER)
Last BCC Approved Amount $ fi/rl-
(LAST TOTAL AMT. REQUIRIN<3 BCC APPROVAL)
Date of Last BCC Approval ;V/J Agenda Item # ,.vA- ./
, If\
Percentage of the change over/under current contract--amount /%
Fonnula: (Current Amount / Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCe approval is required; under 10% reported
to BCe on Purchasing report.
CURRENT COMPLETION DATE (S): ORIGINAL: {- ~ '7- 0 '-I CURRENT: /-;l.,- 0 Y
SUMMARY OF PROPOSED CHANGE (5):
r JUSTIFICA TION FOR CHANGE (5): 9<1 ,,~ ,4-1J () ,"'hi} -to P /-H... I'll e. If 0
DvA.) ~ 5 C}ILc:.'-tIl- ,q;.J() 13 SGd'-','Cf> <: 0 n ~ G"c::. -f ~ Ow S
PARTIES CONTACTED REGARDING THE CHANGE: fJ.4u6 t::. f.lS
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N/A)
1. Proposed change is consistent with the scope of the existing agreement
:L Proposed change is in fact an addition or deletion to the existing scope
.:L Change is being implemented (n a manner consistent with the existing agreement
.l.. The appropriate parties have been consulted regarding the change
1- Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAWtCOMMENDATION: Date: 4. ""!()Jo1
APPROVE: A... "~ .
DISAPPROVE: Date:
COMMENTS:
r
Agenda Item No. 16E3
REVISED 9/9/03 June 8, 2004
24 of 25
-- . -~-
CONTRACT MODIFICATION
CHECKLIST FORM
PROJECT NAME:1A'~>JCH1..G55 5&vtU. f. {;3./I J4t3 PROJECT #: 'J '3 orJf /
--
BID/RFP #"1'3 -3Y'S-5'""'MOD #: o~L AMOUNT OF THIS CHANGE $ s: 7 88, ~o
PO #:Lf5o~o #l~~ ~ <( Work Order #: L c.~'<.J - <:) 8
CONTRACT AMOUNT: ORIGINAL $ / l3, i, t,/. 0 0 CURRENT $ / /9, 'ft;~ ~a
(STARTING POINT) (INCLUDING THIS CHANGE ORDER)
Last BCC Approved Amount $ ;JJ4
(LAST TOTAL AMT. REQUIRING Bce APPROVAL)
Date of last BCC Approval ;VA Agenda Item # )..1/}-
of
Percentage of the change over/under current contract amount .s-%
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: (, ~ /1- Z<:>oCf CURRENT: ~-/'B- 2-o~Y
SUMMARY OF PROPOSED CHANGE (S): .
PI1L,.., ~;u cllL l:.J~j '" ~ or 'i' v
JUSTIFICA TION FOR CHANGE (5): }O
c. t2 15- r; w?4- IZ'W 5 r I" ,I AJ c.>( l? II' ,.., 0.& c:. 5 ~ tJ ,c <. C CJ'VIIY @c... +;/:0...... S
PARTIES CONTACTED REGARDING THE CHANGE: J)/k..Jc r/tt 5
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N/A)
"::L Proposed mange is consistent with the scope of the existing agreement
'1- Proposed change is in fact an addition or deletion to the existing scope
:r... Change is being implemented 0 a manner consistent with the existing agreement
1... The appropriate parties have been consulted regarding the change
./- Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAG~ RECOMMENDATION: Date: ~. 10'0'-{
APPROVE: ). .-'71:...-,.. .~
DISAPPROVE: Date:
COMMENTS:
Agenda Item No. 16E3
REVISED 9/9/03 June 8, 2004
25 of 25
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Executive Summary
Approve Extension of Contract #99-2920 "Document Imaging and Storage System"
OBJECTIVE: To cnsurc full usc of Professional Servicc credits remaining on contract
from Image-One, Inc.
CONSIDERATION: The existing contract [or Document Imaging and Storage System
expires June 13th 2004. A credit for Professional Services in the amount of $40,570.00
remains on the contract. Staff is requesting BCC approval of a contract extension from
June 13,2004 through December 12,2004 in accordance with Purchasing Policy XIV,
Contract Administration, Section D.
FISCAL IMPACT: There is no Fiscal Impact.
GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact
resulting [rom this action.
RECOMMENDATION: That the Board of County Commissioners approves the
extension of Contract #99-2920 until December 12, 2004.
_.
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Agenda Item No. 16E4
~une 8, 2004
10f2
-"'''''_'-'''-~'''''" > -,-,-~,-,,,">.""""''''''....,,.. """""'."-..,~.,,.,.,.,~-> -......,..
COLLIER COUNTY
<_.... SOARD OF COUNTY COMMISSIONERS
Item Number 1f,E4
Item Summary ?,pprOVB Ext~:r.s:or. of Contract #99.2920 :'O':'Gum~~r:! !n::~gif1g and S!oragH
Sys!en:>I.
Meeting Date 6!8/2004 9:00:00 AM
Prepared By
Adam Shaver Ar~p!ica\jom; Analyst O;1:t8
Adminl:stf:atil(f:I Sa,yices InfMmaUon Tf:I..~hm~!ogy 5!: 112(1)4 1 (1:03: 05 AM
Approved By
Tammy Smith Business A~;:>ljcatiQns Manager Date
Administf<ltj"!i Se1yjr.;8s lnforrna(;cm Tf.i.:hnology 5!:l:112GM 3:54 PM
Appro~'ed By
S€n~(;r f'Hrct-u3~ing ~nd ContrJ1Cts
Kels'.lY W,~rd Agent D~t8
Admm;stratlve $<lrvices Pwr.h3sing S!:til!l004 4:52 P!\1
Approved By
Stf;ve C<lme,l PurdI3sinf:j/Genf:lr.~j SVC$ Dh-f;C(M D,,'e
Adn1~;1jst:".ati.....~ S~;vjc~s Purdl3sing 5!:m20;}4 5:;)~ PM
-
Approved By
L'~n Gr.>!d!i!l ;:>rjr;8 Ad;~~:n~:;t:"Btj\(f:: SiiF'Vic~':5 AdHi~r:is:.ra~Of D~t~
Adrn:n~::;;t:';_,tiv~ SePtit:'?$ Acin~cni':5t:"~tiV6- SeFvice-:; A-dH\~r:. 5!:/:l312GlJ4 1 i :S'Sl I,M
Approved By
Robin Johnson M<inagm"nf'ntfBudget Ana!yst Date
County M2flagf'r's Officf> Officf> of Management & Budget 512812(;U4 12:48 PM
A pproved By
M!.-::naf:l Smykow;;ki M"nag<lrrmnt & eudgf:t tlir.-,,~tor D.stf:
County Mafl.1gt1r'S. Officf> Otfica at Mar.:ag<lr1wnt & eudg.-,' ::;f2~!2(jU4 2:49 PM
Approved By
JMne!; V. Mudd C,JtSllty M:an3ger O~\~
8..~~Hi of C o!mty
C!;n1mk~s~on~rs. County MaflagH's OffOcf> 5131120U4 2:11; PM
-
Agenda Item No. 16E4
June 8, 2004
2of2
'".~.-'-~.- ...,---
,...-, EXECUTIVE SUMMARY
Authorize the sale of Electronic Document Management System equipment to
Image-1 in the amount of $7,000.
OBJECTIVE: Staff is requesting that the Board approve the sale of 2 optical jukeboxes with a
combined valued of $7,000 to Image-l, in progression of standardizing the EDMS software
county wide.
CONSIDERATIONS: Deployment of the EDMS system began in 1999 with the CDES
Planning Services Department under Master Contract. RFP 99-2920, awarded on June 24, 1999
to Image-1 . Throughout the next 4 years additional departments have implemented the EDMS
system to support information delivery automation. These additions quickly filled the storage
capacity of the optical jukeboxes marking them for replacement and created a need to
standardize the EDMS system for county-wide use. A two phase approach was developed to
meet this requirement.
Phase I of this standardization was the creation of an infrastructure accomplishing the following
major initiatives:
A. The consolidation of multiple imaging servers to a single server.
.- B. The centralization and storage capacity increase of image storage through the
retirement of the optical jukeboxes' use from the system and migration of all image
storage to a storage area network.
C. The migration of the imaging platform to a browser-based application in order to
make the software available to more users and minimize support requirements.
Now that the infrastructure has been built the county is ready to move forward with Phase II.
This involves re-development efforts to implement new document management protocols to
control and manage the life-cycle of EDMS documents.
Proceeds from the sale of the 2 optical jukeboxes will be applied to the costs of professional
services to complete Phase II, Under Section 274.05, F.S., Counties are given broad discretion
regarding the disposal of surplus property deemed to be worth less than $5,000. The quoted
price, which staff believes to be fair and reasonable for each of the jukeboxes is below the
$5,000 threshold.
FISCAL IMPACT: Sales proceeds of $7,000 will he credited to the General Fund.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the board authorize the sale of Electronic Document
Management System Equipment to Image-l in the amount of $7,000.
--
Agenda Item No. 16E5
June 8, 2004
1 of 2
.,.._....".-....._'_._n_..._ "."'"."'.,,,..,"'''''-'''. ~-,--
COLLIER COUNTY
..-
BOARD OF COUNTY COMMISSIONERS
Item Number 16E5
Item Summary Authorize the sale of Eiectronic Document Management System equipment to
Image-l in the amount of $7,000.
Meeting Date 6/8/2004 9~OO:OO A~.A
Prepared By
Robert Sanders Applications Analyst Date
Adminlstrative Serv~ces information Techno~ogy 5/26i20041:55;S9 PM
Approved By
1'ilmmy Smlth B~lslness AppHcatkms Manag-ef Date
Administrative Services information Technology 5/2612004 4:33 PM
Approved By
Steve Camel! Purchasing/General Svcs Director Date
- Admlnistrative Services Purchasing 5/27/2004 5:07 PM
Approved By
Len Golden Price Administrative Services Administrater Date
Administmtive Servicll!s Administrativll! Servicll!s Admin. 5/281200411;59 AM
Approved By
Robin Johnson ManagerrwntiBudget An(~lyst Date
County Manager's Office Office of Management & Budget 5/281200412;51 PM
Approved By
Michael Smykowsk.i Management & Budget Director Date
Cmmty Manager's Office Office of Management &, Budget 5/28i2!H14 2~47 PM
Approved By
James V. Mudd County Manager Date
Board of County County Manager's Office
Commissioners 5/31120042:24 PM
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Agenda Item No. 16E5
June 8, 2004
20f2
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EXECUTIVE SUMMARY
Recommendation to authorize staff to enter into contract negotiations with Public Financial
Management, Inc. (PFl\if) to serve as financial advisor to Collier County
Q]!JECTIVE: To secure a financial advisory firm to assist Collier County in securing financing
for capital projects.
CONSIDERA TIONS: The current agreement for financial advisory services with William R.
Hough and Co., Inc. has expired. In addition, RBC Dain Rauscher subsequently bought out this
firm. Staff issued a Request For Proposals (RFP) to select a new Financial Advisor. Collier
County received five responses to RFP #04-3607 for financial advisory services.
County staff with expertise in bond financing (Finance Director, OMB Director, Public Utilities
Fiscal Operations Director, and Ctility Billing and Customer Service Director) evaluated the five
(5) proposals submitted. Proposals were evaluated according to the following criteria:
qualifications and experience of each firm, expertise of designated staff, innovative financing,
computer modeling capability, previous performance on similar jobs, and cost proposals for bond
issuance and hourly rates for services rendered outside of bond issuance. The following short list
of three firms was developed and are listed in rank order:
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Public Financial Management, Inc.
First Southwest Company
RBC Dain Rauscher
There are a number of financings currently contemplated including general obligation bonds for
Conservation Collier land acquisition, North Naples Regional Park, and water/wastewater
facilities.
GROWTH :MANAGElVIENT IlVlPACT: There is no Growth Management impact associated
with this Executive Summary.
FISCAL Il\ilPACT: The cost of service will be determined by the type and frequency of service
requested. Upon conclusion of contract negotiations, an Executive Summary will seek Board
approval of the financial advisor contract.
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Agenda Item No. 16F1
June 8,2004
Page 1 of 3
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RECOMMENDA TIONS: That the Board of County Commissioners:
1. Authorize staff to enter into contract negotiations with Public Financial Management, Inc.
and;
2. Authorize staff to begin preliminary work with PFM, Inc. in structuring a general
obligation bond to meet the timetable outlined by staff associated with Conservation
Collier land acquisitions.
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Agenda Item No. 16F1
June 8, 2004
Page 2 of 3
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COLLIER COUNTY
,,- SOARD OF COUNTY COMMISSIONERS
Item Number 1f,F1
Item Summary R0cnmrn~~f1dc::i.:)n to alJthod;:H st3ff to nnter into :>J:'1!rac! nE:qc-!L:~t:on$ I/vith
F';;bi1c Financial :v~anagt::ru:nt, inc. (PF~~) to SHn/!~ a:; financial 3dvl:}.of to Co:::€~r
County
Meeting Date 6!8/2004 9:00:00 AM
A pproved By
Pat lehnhard Administrative Assistant Dz;te
County I\obnager's Offfce Offi-:;c of Management & Budget f.;i'j!2004 2:26 PM
Approved By
;\1kbHei Srny;';ows;K~ :v.Zl-:,lgmnent 8. 8l;dget Direct<:lr Dilte
Gcunty Mar.ager'~ Of-f~~-::~ ()ftke of ;1,~zr:,lgement 8. 8lJ;:l~Jet ;;!-U:lGr?4 :;:2': ~M
Approved By
1.,"'0 E. OdH,. .Jr. Deputy County M.m;;g",r D,~t'"
ao~rd \.~J COt:f~ty
C.;..~m~n~i;sj~l)n6r::? County Manager's OfffCC f.;ti!2004 4:56 PM
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Agenda Item No. 16F1
June 8, 2004
Page 3 of 3
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-- EXECUTIVE SUMMARY
Approve two (2) Tourist Development Category "C-2" Grant Applications and two
(2) Tourism Agreements for Naples Botanical Garden and the Conservancy of SW
Florida for a total amount of $317,650 for FY 05
OBJECTIVE: To approve Grant Applications and Tourism Agreements with Naples Botanical
Garden in the amount of $217,650 and Conservancy of SW Florida in the amount of $100,000.
CONSIDERATIONS: These Application for Funds for the following Category "C-2" Grants
were reviewed and recommended for approval by the Tourist Development Council (TDC) on
April 19, 2004:
Naples Botanical Garden
Visitor Experience Plan $133,650
Promotion Plan 84,000
TOTAL $217,650
PROJECTIDESCRIPTION: Naples Botanical Gardens submitted a TDC Category "C-2"
Grant Application in the amount of 397,505 for expanding the Visitor Experience Plan and a
Promotion Plan to attract a Projected 15,000 visitors in 2005. Several festivals are also planned.
,- The facility has been receiving funds for four years, and it was recommended and approved by
the IDC at their April 19, 2004 Board meeting to fund only the permanent exhibit part of the
Visitor Experience and the entire Promotion Plan. It is hoped that the Botanical Gardens Board
will continue to seek other public and private funding sources.
Conservancy of SW Florida
"Everglades: A Work in Progress"
TOTAL PROJECT $100,000
PROJECTIDESCRIPTION: The Conservancy submitted a IDC Category "C-2" Grant
Application in the amount of $100,000 to design and build a new permanent exhibit at the Nature
Center called "Everglades: A Work in Progress" and a traveling exhibit for loan to other
museums in the US. On April 19,2004 the TDC approved staffs recommendation for funding
this project at $100,000.
FISCAL IMPACT: The funds have been budgeted in the proposed FY 05 Tourism Department
budget.
GROWTH MANAGEMENT IMP ACT: There is no impacl to the Growth management Plan
related to this action.
RECOMMENDATION: That the Board of County Commissioners approve two (2) Grant
Applications and two (2) Tourism Agreements: 1) for Naples Botanical Garden for expanding
,,-.., the Visitor Experience Plan, a Promotion Plan and several festivals in the amount of $217,650
and (2) The Conservancy of SW Florida to design and build a permanent exhibit at the Nature
Center and a traveling exhibit for loan to other museums in the US in the amoun+.ge$~lo.)ft No. 16F2
June 8, 2004
1 of 30
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.- COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number 16F2
Item Summary ,A.pprove 1\"10 (2) Tourist Development Category "C-2" Grant Applications and
twO (2) Tourism Agreements tor Napies Botanical Garden and the Conservancy
of SW Florida for a total arnount of S=~i7,650 for FY 05.
Meeting Date 6/8/2004 9:00:00 AM
Prepared By
Gali Hi:lmbrlght Adminlstmflve Assdstant Date
County 1"l1cmager's Offlce Toursim Deve!opment Council 5/11/200410:03:05 AM
Approved By
J.lck Wert Tourism Director Date
County Manager's Offlce Tourslm Deve!opment Council 5/25/2004 3:44 PM
Approved By
- Pat lehnhard Administrative Assistant Date
County Manag(;r's Office Office of Management & Budget 5/26/20049:16 AM
Approved By
Mlcha~:l Smykowskl Managem~mt ,& Budget Director Dale
County Manager's Office Office of Management & Budget 5/27/2004 9:29 AM
Approved By
James V. Mtldd COlJl'lty Manager Date
Board of County
Commissioners County Mana~~e(s Office 5/:H!2004 2:57 PM
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Agenda Item No. 16F2
JuneS, 2004
2 of 30
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200412005 TOURISM AGREEMENT BETWEEN
COLLIER COUNTY AND THE NAPLES BOTANICAL GARDEN, INC.
TIllS AGREEMENT, is made and entered into this _ day of , 2004, by
and between the Naples Botanical Garden, Inc., a Florida not-for-profit corporation, hereinafter
referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida,
hereinafter referred to as "COUNTY".
WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred
to as "Plan") funded by proceeds from the Tourist Development Tax; and
WHEREAS, the Plan provides that certain of the revenues generated by the Tourist
Development Tax are to be allocated for the promotion of tourism in Collier County nationally
and internationally, for the promotion and advertising of activities or events intended to bring
tourists to Collier County and, inter alia, to construct, extend, enlarge and improve museums
owned and operated by not-for-profit organizations and open to the public; and
WHEREAS, GRANTEE has applied to the Tourist Development Council and the County
to use Tourist Development Tax funds to fund GRANTEE'S Visitor Experience Plan and
Promotion Plan; and
WHEREAS, The Tourist Development Council has approved this request for funding
with Tourist Development Tax proceeds; and
WHEREAS, The Collier County Board of County Commissioners has approved the
funding request of the GRANTEE; and
NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES
PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY
AGREED AS FOLLOWS:
Agenda Item No. 16F2
June 8, 2004
3 of 30
- 1. SCOPE OF WORK:
(a) In accordance with the authorized expenditures as set forth in the Budget of the
GRANTEE, attached hereto as Exhibit "A", the GRANTEE agrees to create and implement its
Visitor Experience Plan and Promotion Plan, (hereinafter "the Project"),
2. PAYMENT:
(a) The amount to be paid under this Agreement shall be Two Hundred Seventeen
Thousand Six Hundred Fifty Dollars ($217,650). The GRANTEE shall be paid in accordance
with fiscal procedures of the County for the expenditures incurred as described in Paragraph 1
herein upon submittal of invoices and upon verification that the services or work performed as
described in the invoice(s) have been completed or that the goods have been received.
(b) GRANTEE shall determine that the goods and services contracted for have been
_. properly provided, and shall submit invoices to the Tourism Director for review.
(c) The Tourism Director shall determine that the invoice payments are authorized
and that the goods or services covered by such invoice[s] have been provided or performed in
accordance with such authorization. The line item budget attached as Exhibit "A" shall
constitute authorization for the expenditure[s] described in the invoice[s].
(d) All expenditures shall be made in conformity with this Agreement.
(e) Each invoice submitted by GRANTEE shall be itemized in sufficient detail for
audit thereof and shall be supported by copies of corresponding documentation such as vendor
invoices and proof of receipt of the goods or performance of the services invoiced.
(f) GRANTEE shall certify to the COUNTY in writing that all subcontractors and
vendors have been paid for work and materials previously performed or received prior to receipt
of any further payments.
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Agenda Item No. 16F2
June 8, 2004
2 4 of 30
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(g) The COUNTY shall not pay GRANTEE until the Ex-Officio Clerk of the Board
of County Commissioners pre-audits all payment invoices in accordance with law.
(h) GRANTEE shall be paid for its actual costs, not to exceed the total amount for
any line item nor the maximum amount budgeted pursuant to the attached "Exhibit A".
3. EUGffiLE EXPENDITURES:
(a) Only eligible the expenditures described in Paragraph one will be paid by
COUNTY.
(b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2004
and the expiration of this agreement.
(c) Any expenditures paid by COUNTY which are later deemed to be ineligible
expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to repay
said funds.
(d) COUNTY may request repayment of funds for a period of up to three years after
termination of this Agreement or any extension or renewal thereof.
4. INSURANCE:
(a) GRANTEE shall submit a Certificate of Insurance naming Collier County, and its
Board of County Commissioners and the Tourist Development Council as additional insureds.
(b) The certificate of insurance must be valid for the duration of this Agreement, and
be issued by a company licensed in the Stale of Florida, and provide General Liability Insurance
for no less than the following amounts:
BODILY INJURY UABILITY $300,000 each claim per person
PROPERTY DAMAGE LIABILITY $300,000 each claim per person
PERSONAL INJURY UABILITY $300,000 each claim per person
WORKER'S COMPENSATION AND EMPLOYER'S UABILITY - Statutory
Agenda Item No. 16F2
June 8, 2004
3 5 of 30
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(c) The Certificate of Insurance must be delivered to the Tourism Director within ten
days of execution of this Agreement by the COUNTY. The GRANTEE shall not commence
promotional and advertising activities which are to be funded pursuant to this Agreement until
the Certificate of Insurance has been received by the COUNTY.
5. REPORTING: GRANTEE shall provide quarterly interim status reports to County in the
form attached to this Agreement as Exhibit "B". GRANTEE shall also provide a final status
report to County within sixty (60) days of expiration of the Agreement in the form attached to
this Agreement as Exhibit "C".
6. CHOICE OF VENDORS AND FAIR DEALING:
(a) GRANTEE may select vendors or subcontractors to provide services as described
in Paragraph 1.
.- (b) COUNTY shall not be responsible for paying vendors and shall not be involved in
the selection of subcontractors or vendors.
(c) GRANTEE agrees to disclose any financial or other relationship between
GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related
employees, agents, officers, directors andlor shareholders.
(d) COUNTY may, in its discretion, object to the reasonableness of expenditures and
require payment if invoices have been paid under this Agreement for unreasonable expenditures.
The reasonableness of the expenditures shaH be based on industry standards.
(e) GRANTEE shall take reasonable measures to assure the continued satisfactory
performance of all vendors and subcontractors.
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Agenda Item No. 16F2
June 8, 2004
4 6 of 30
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7. PA YMENT REQUESTS: Payment requests for interim draws and final payment must
be submitted to the County in the form of the Request for Funds form attached to this Agreement
as Exhibit "DOl. All payments are on a reimbursement basis only after proof of paid invoices are
presented to the County. County may withhold any interim draw for failure to provide the
interim status report, and County shall withhold final payment until receipt of the final status
report or other final report acceptable to County.
8. VISITOR OUESTIONNAIRES: GRANTEE shall request that visitors to the Naples
Botanical Garden complete the visitor questionnaire attached to this Agreement as Exhibit "E".
All completed visitor questionnaires shaH be maintained in accordance with Section 15 of this
Agreement.
9. INDEMNIFICATION: The GRANTEE shall hold harmless and defend the COUNTY,
and its agents and employees, from any and all claims, 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 hereunder. This provision shall also
pertain to any claims brought against the COUNTY by any employee of the named GRANTEE,
any subcontractor, or anyone directly or indirectly employed or authorized to perform work by
any of them. The GRANTEE's obligation under this provision shall not be limited in any way by
the contract price as shown in this Agreement or the GRANTEE's limit of or lack of, sufficient
insurance protection.
10. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and
deemed duly served if mailed by registered or certified mail to the GRANTEE at the following
address:
Ms. Sandra Quinn, President/COE
Naples Botanical Garden
4820 Bayshore Drive, Suite D
Naples, Florida 34112 Agenda Item No. 16F2
June 8, 2004
5 7 of 30
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All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly
served if mailed by registered or certified mail to the COUNTY to:
Jack Wert, Executive Director
Naples, Marco Island, Everglades Convention & Visitors Bureau
3050 North Horseshoe Drive, #218
Naples, Florida 34104
The GRANTEE and the COUNTY may change the above mailing addresses at any time
upon giving the other party written notification pursuant to this Section.
11. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a
partnership between the COUNTY and the GRANTEE, or its vendor or subcontractor, or to
constitute the GRANTEE, or its vendor or subcontractor, as an agent or employee of the
COUNTY.
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12. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters
pertaining to this agreement and shall provide all information and documentation requested by
the COUNTY from time to time pertaining to the use of any funds provided hereunder.
13. TERMINATION:
(a) The COUNTY or the GRANTEE may cancel this Agreement with or without
cause by giving 30 days advance written notice of such termination specifying the effective date
of termination.
(b) If the COUNTY terminates this Agreement, the COUNTY will pay the
GRANfEE for all expenditures or contractual obligations incurred by GRANTEE, with
subcontractors and vendors, up to the effective date of the termination so long as such expenses
are eligible.
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Agenda Item No. 16F2
June 8, 2004
6 8 of 30
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14. 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 must be recorded, and all expenditures must be incurred within the term of this
Agreement.
15. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents,
papers and financial information pertaining to work performed under this Agreement for a period
of three (3) years.
GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall,
until the expiration of three (3) years after final payment under this Agreement, have access to,
and the right to examine and photocopy any pertinent books, documents, papers, and records of
GRANTEE involving any transactions related to this Agreement.
16. PROHIBmON 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 the COUNTY.
17. TERM: This Agreement shall become effective on October 1, 2004 and shall remain
effective for one year until September 30, 2005. If the project is not completed within the term
of this agreement, all unreleased funds shall be retained by the COUNTY consistent with the
provisions of Paragraph 13 herein. Any extension of this agreement beyond the one year term in
order to complete the Project must be at the express consent of the Collier County Board of
County Commissioners.
The GRANTEE must request any extension of this term in writing at least thirty (30) days
prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this
Agreement to extend the term for an additional one year.
Agenda Item No. 16F2
June 8, 2004
7 9 of 30
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,...- 18. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the
tourism impact of the Project, explaining how the tourism impact was evaluated, providing a
written report to the Tourism Director along with a final budget analysis by November 30,2005.
19. REQUIRED NOT A TION: All promotional literature and media advertising must
prominently contain the verbiage, "A cooperative effort funded by the Collier County Tourist
Development Tax."
20. AMENDMENTS: This Agreement may only be amended by mutual written agreement
of the parties, after review by the Collier County Tourist Development Council if warranted.
IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
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ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By:
, Chairman
WITNESSES: GRANTEE:
(1) NAPLES BOTANICAL GARDEN, lNe.
Printedffyped Name
BY:
(2)
PrintedITyped Name
--~.- Printedffyped Name
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Printedffyped Title Agenda Item No. 16F2
June 8, 2004
8 10 of 30
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Approved as to form and (corporate seal)
legal sufficiency
$
Heidi F. Ashton
Assistant County Attorney
CP: Agreement: 2004 Naples Botaoical Garden
Agenda Item No. 16F2
.June 8, 2004
9 11 of 30
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EXIDBIT "A"
NAPLES BOTANICAL GARDEN, INC.
Project Budget
Visitor Experience Plan $133,650
Promotion Plan $ 84.000
Total $217,650
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Agenda Item No. 16F2
June 8, 2004
12 of 30
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EXHIBIT "B"
CoWer County Tourist Development Councll
Interim Status Report
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON: TITLE:
ADDRESS:
PHONE: FAX:
================--==~===========~==========================z=~_==_a
On an attached sheet. answer the following QuestfoFl$ to identf.fJI the .status
of the pro/eet. Submit this reoort at least fluarterlv.
INTERIM - These questions will identify the current status of the project. After the
TDe staff reviews this Interim Status Report, if they feel you are behind schedule on
the planning stages, they will make recommendations to help get the project stay on
schedule.
~ ~ Has the planning of this project started?
~ )- At what point are you at with the planning stage for this project?
(Percent of completion)
)- ~ Will any hotels/motels be utilized to support this project?
)- )- If so, how many hotel room nights will be utilized?
~ ~ What is the total dollar amount to date of matching contributions?
~ ~ What is the status of the advertising and promotion for this project?
~ ~ Have your submitted any advertisements or printed pieces to the TOe staff
for approval? Please supply a sample and indicate the ad schedule.
~ ~ How has the public interest for this project been up to this point?
16 Agenda Item No. 16F2
June 8, 2004
13 of 30
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EXHIBIT "C"
Collier County Tourist Development Council
Final Status Report
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON: TITLE:
ADDRESS:
PHONE: FAX:
_______==_===__===_===___=_~==__=___a==_________________________=_~
.------, On an a1:tt:Jchsd sheet. answer the followina auestl.ons for each element in
vour scope of work.
FiDal - These questions should be answered for your fmal status report.
~ >> Was this a fIrst time project? If not, how many times has this event taken
place?
>> >> What hotels/motels were utilized to support the project and how many?
}> }> What is the total revenue generated for this event?
~ >> Total expenses. (Have all vendors been paid)
}> }> List the vendors that have been paid, if not, what invoices are still
outstanding and why?
}> }> What is the number of participants that visited the project?
)- >> What is the percentage of the total participants from out of Collier
County?
)- >> What problems occurred if any during the project event?
~ >> List any out-of-county- advertising, marketing, and/ or public relations
that were used to support the project and attach samples.
}> )- How could the project been improved or expanded?
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17 Agenda Item No. 16F2
June 8, 2004
14 of 30
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EXHIBIT "D"
REQUEST FOR FUNDS
COLUffiRCOUNTYTOURffiTDEVELOP~NTCOUNCa
EVENT NAME
ORGANIZATION
ADDRESS
CONTACIPERSON TELEPHONE ( )
REQUEST PERIOD FROM TO
REQUEST#
( ) INTERIM REPORT ( ) FINAL REPORT
TOTAL CONfRACT AMOUNT $
EXPENSE BTJDGET REIMBURSEMENT REOUESTED
TOTALS
NOTE: Furnishing false information may constitute a violation of applicable State and
Federal laws.
CERTrnCATION OF FINANCIAL OFFICER: I certify that the above information is
correct based on our official accounting system and records, consistently applied and
maintained and that the cost shown have been made for the purpose of and in accordance
with, the terms of the contract. The funds requested are for reimbursement of actual c~t
made during this time period.
SIGNATURE TITLE
i:XBlliIT "1>"
18 Agenda Item No. 16F2
June 8, 2004
15 of 30
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EXHIBIT "E"
VISITOR QUESTIONNAIRE
Thank you for taking the time to complete the following questions. This information will afford us the opportunity to
better serve the needs of Collier County visitors.
NAME:
ADDRESS: CITY ST ZIP
DATE OF ARRIVAL: DATE OF DEPARTURE:
WHERE ARE YOU STAYING? HOTEL FRIENDS CAMPGROUND
NAME OF HOTEL AND CITY:
NAME OF CAMPGROUND:
_. # OF ROOMS OCCUPIED x NUMBER OF NIGHTS YOU Wll..L STAY =
HOW DID YOU SELECT TIIE HOTEUCAMPGROUND?
INTERNET YOUR CHOICE TRAVEL AGENT
OTHER:
NUMBER OF MEALS YOU OR YOUR GROUP will eat out. (please provide a number determined by the number of
people in your party times the number of days of your visit times the number of meals that will be eaten out each day.)
=
AREA A TTRACTIONS YOU PLAN TO VISIT: (please Circle)
Caribbean Gardens, The NapleslMarco Princess Corkscrew Swamp Naples Pier
Zoo in Naples Sanctuary
WatersportsIParasailing Everglades National Everglades Airboat The Conservancy's
Park Tour Nature Center
King Richards Fun Park Rookery Bay Seminole Casino Teddy Bear Museum
Delnore-Wiggins State Fakahatchee Strand Lake Trafford Other: Please name
Park Preserve below
PLEASE REFER TO OUR COLLIER COUNTY BROCHURE FOR LOCATION OF AREA
ATTRACTIONS.
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Agenda Item No. 16F2
19 June 8, 2004
16 of 30
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2004/2005 TOURISM AGREEMENT BETWEEN
COLLIER COUNTY AND THE CONSERVANCY OF SOUTHWEST FLORIDA, INC.
TInS AGREEMENT, is made and entered into this _ day of , 2004, by
and between the Conservancy of Southwest Florida, Inc., a Florida not-for-profit corporation,
hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of
Florida, hereinafter referred to as "COUNTY".
WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred
to as "Plan") funded by proceeds from the Tourist Development Tax; and
WHEREAS, the Plan provides that certain of the revenues generated by the Tourist
Development Tax are to be allocated for the promotion of tourism in Collier County nationally
and internationally, for the promotion and advertising of activities or events intended to bring
tourists to Collier County and, inter alia, to construct, extend, enlarge and improve museums
owned and operated by not-for-profit organizations and open to the public; and
WHEREAS, GRANTEE has applied to the Tourist Development Council and the County
to use Tourist Development Tax. funds to fund a new exhibit called "Everglades: A Work in
Progress" at the Conservancy Nature Center; and
WHEREAS, The Tourist Development Council has approved this request for funding
with Tourist Development Tax proceeds; and
WHEREAS, The Collier County Board of County Commissioners has approved the
funding request of the GRANfEE; and
NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES
PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY
AGREED AS FOllOWS:
Agenda Item No. 16F2
June 8, 2004
17 of 30
.- 1. SCOPE OF WORK:
(a) In accordance with the authorized expenditures as set forth in the Budget of the
GRANTEE, attached hereto as Exhibit "A", the GRANTEE agrees to construct the new exhibit
called Everglades: A Work in Progress at the Conservancy Nature Center, (hereinafter "the
Project").
2. PAYMENT:
(a) The amount to be paid under this Agreement shall be One Hundred Thousand
Dollars ($100,000). The GRANTEE shall be paid in accordance with fiscal procedures of the
County for the expenditures incurred as described in Paragraph 1 herein upon submittal of
invoices and upon verification that the services or work performed as described in the invoice(s)
have been completed or that the goods have been received.
- (b) GRANTEE shall determine that the goods and services contracted for have been
properly provided, and shall submit invoices to the Tourism Director for review.
(c) The Tourism Director shall determine that the invoice payments are authorized
and that the goods or services covered by such invoice[s] have been provided or performed in
accordance with such authorization. The line item budget attached as Exhibit "A" shall
constitute authorization for the expenditure[s] described in the invoice[s].
(d) All expenditures shall be made in conformity with this Agreement.
(e) Each invoice submitted by GRANTEE shall be itemized in sufficient detail for
audit thereof and shall be supported by copies of corresponding documentation such as vendor
invoices and proof of receipt of the goods or performance of the services invoiced.
(f) GRANTEE shall certify to the COUNTY in writing that all subcontractors and
vendors have been paid for work and materials previously performed or received prior to receipt
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of any further payments.
Agenda Item No. 16F2
2 June 8, 2004
18 of 30
" ".m, ~"-'.". .".---'".-.. .-..-.~.-
(g) The COUNTY shall not pay GRA1'\l"TEE until the Ex-Officio Clerk of the Board
of County Commissioners pre-audits all payment invoices in accordance with law.
(h) GRANTEE shall be paid for its actual costs, not to exceed the total amount for
any line item nor the maximum amount budgeted pursuant to the attached "Exhibit At>.
3. ELIGIBLE EXPENDITURES:
(a) Only eligible the expenditures described in Paragraph one will be paid by
COUNfY.
(b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2004
and the expiration of this agreement.
(c) Any expenditures paid by COUNTY which are later deemed to be ineligible
expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to repay
said funds.
(d) COUNTY may request repayment of funds for a period of up to three years after
termination of this Agreement or any extension or renewal thereof.
4. INSURANCE:
(a) GRANTEE shall submit a Certificate of Insurance naming Collier County, and its
Board of County Commissioners and the Tourist Development Council as additional insureds.
(b) The certificate of insurance 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 UABILITY $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
Agenda Item No. 16F2
3 June 8, 2004
19 of 30
.
,
.-
(c) The Certificate of Insurance must be delivered to the Tourism Director within ten
days of execution of this Agreement by the COUNTY. The GRANTEE shall not commence
promotional and advertising activities which are to be funded pursuant to this Agreement until
the Certificate of Insurance has been received by the COUNTY.
5. REPORTING: GRANTEE shall provide quarterly interim status reports to County in the
form attached to this Agreement as Exhibit "B". GRANTEE shall also provide a final status
report to County within sixty (60) days of expiration of the Agreement in the form attached to
this Agreement as Exhibit "C".
6. CHOICE OF VENDORS AND FAIR DEALING:
(a) GRANTEE may select vendors or subcontractors to provide services as described
in Paragraph 1.
.- (b) COUNTY shall not be responsible for paying vendors and shall not be involved in
the selection of subcontractors or vendors.
(c) GRANTEE agrees to disclose any financial or other relationship between
GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related
employees, agents, officers, directors and/or shareholders.
(d) COUNTY may, in its discretion, object to the reasonableness of expenditures and
require payment if invoices have been paid under this Agreement for unreasonable expenditures.
The reasonableness of the expenditures shall be based on industry standards.
(e) GRANTEE shall take reasonable measures to assure the continued satisfactory
performance of all vendors and subcontractors.
~"''''-
Agenda Item No. 16F2
4 ~une 8, 2004
20 of 30
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7. PA YMENT REOUESTS: Payment requests for interim draws and final payment must
be submitted to the County in the form of the Request for Funds form attached to this Agreement
as Exhibit "D". All payments are on a reimbursement basis only after proof of paid invoices are
presented to the County. County may withhold any interim draw for failure to provide the
interim status report, and County shall withhold final payment until receipt of the final status
report or other final report acceptable to County.
8. VISITOR OUESTIONNAIRES: GRANTEE shall request that vi si tors to the
Conservancy of Southwest Florida complete the visitor questionnaire attached to this Agreement
as Exhibit "E". All completed visitor questionnaires shall be maintained in accordance with
Section 15 of this Agreement.
9. INDEMNIFICATION: The GRANTEE shall hold harmless and defend the COUNTY,
and its agents and employees, from any and all claims, 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 hereunder. This provision shall also
pertain to any claims brought against the COUNTY by any employee of the named GRANTEE,
any subcontractor, or anyone directly or indirectly employed or authorized to perform work by
any of them. The GRANTEE's obligation under this provision shall not be limited in any way by
the contract price as shown in this Agreement or the GRANTEE's limit of or lack of, sufficient
insurance protection.
10. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and
deemed duly served if mailed by registered or certified mail to the GRANTEE at the following
address:
Joe Cox, Nature Center Director
The Conservancy Nature Center
1450 Merrihue Drive
Naples, Florida 34102 Agenda Item No. 16F2
5 June 8, 2004
21 of 30
- All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly
served if mailed by registered or certified mail to the COUNTY to:
Jack Wert, Executive Director
Naples, Marco Island, Everglades Convention & Visitors Bureau
3050 North Horseshoe Drive, #218
Naples, Florida 34104
The GRANTEE and the COUNTY may change the above mailing addresses at any time
upon giving the other party written notification pursuant to this Section.
ll. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a
partnership between the COUNTY and the GRANTEE, or its vendor or subcontractor, or to
constitute the GRANTEE, or its vendor or subcontractor, as an agent or employee of the
COUNTY.
12. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters
.-.,
pertaining to this agreement and shall provide all information and documentation requested by
the COUNTY from time to time pertaining to the use of any funds provided hereunder.
13. TERMINATION:
(a) The COUNTY or the GRANTEE may cancel this Agreement with or without
cause by giving 30 days advance written notice of such termination specifying the effective date
of termination.
(b) If the COUNTY terminates this Agreement, the COUNTY will pay the
GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with
subcontractors and vendors, up to the effective date of the termination so long as such expenses
are eligible.
14. 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
Agenda Item No. 16F2
6 June 8, 2004
22 of 30
-- _..>. ,."*...,:.......-.-....:.....-: .. "-.,-..-- -
the Agreement must be recorded, and all expenditures must be incurred within the term of this
Agreement.
15. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents,
papers and financial information pertaining to work performed under this Agreement for a period
of three (3) years.
GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall,
until the expiration of three (3) years after final payment under this Agreement, have access to,
and the right to examine and photocopy any pertinent books, documents, papers, and records of
GRANTEE involving any transactions related to this Agreement.
16. PROIDBITION 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 the COUNTY.
17. TERM: This Agreement shall become effective on October 1, 2004 and shall remain
effective for one year until September 30, 2005. If the project is not completed within the term
of this agreement, all unreleased funds shall be retained by the COUNTY consistent with the
provisions of Paragraph 13 herein. Any extension of this agreement beyond the one year term in
order to complete the Project must be at the express consent of the Collier County Board of
County Commissioners.
The GRANTEE must request any extension of this term in writing at least thirty (30) days
prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this
Agreement to extend the term for an additional one year.
18. EV ALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the
tourism impact of the Project, explaining how the tourism impact was evaluated, providing a
written report to the Tourism Director along with a final budget analysis by November 30,2005.
Agenda Item No. 16F2
7 June 8, 2004
23 of 30
,--- REQUIRED NOT AnON: All promotional literature and media advertising must
19.
prominently contain the verbiage, itA cooperative effort funded by the Collier County Tourist
Development Tax."
20. AMENDMENTS: This Agreement may only be amended by mutual written agreement
of the parties, after review by the Collier County Tourist Development Council if warranted.
IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
- By:
, Chairman
WITNESSES: GRANTEE:
(1) CONSERV ANCY OF SOUTHWEST FLORIDA,
INC.
PrintedITyped Name
(2) BY:
-
PrintedITyped Name PrintedITyped Name
PrintedITyped Title
-
Agenda Item No. 16F2
8 June 8, 2004
24 of 30
'-- -- . ---.. ,," --~- -."-
Approved as to form and (corporate seal)
legal sufficiency ~
Heidi F. Ashton
Assistant County Attorney
CP: TDC\Agreement:2004 ConservancySWFL
Agenda Item No. 16F2
9 June 8, 2004
25 of 30
",,,,,,,,,;,;,,,,,,,,,,,._.0;,,,<,_,,,",,,,,,,",,
--.--.- .
!
.",--
EXIDBIT "A"
CONSERV ANCY OF SOUTHWEST FLORIDA, INC.
Project Budget
Marketing Expenses $ 30,000
Permanent Ex.hibit Costs $ 60,000
Traveling Exhibit Costs $ 10,000
Total $100,000
,-
.,-.
Agenda Item No. 16F2
June 8, 2004
26 of 30
-.,~" -"-- ,.~.._-"."",..,-",,.- -
1
. ~:... I
EXHIBIT "B"
Collier County Tourist Development Council
Interim Status Report
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON: TITLE:
ADDRESS:
PHONE: FAX:
==============================================================-~--=
On an attached $heet. c:anawer the followinl1 quatfons to identif>> the atatus
of the "ro/ect. Submit this report at least quarterlll.
INTERIM - These questions will identify the current status of the project. After the
TDC staff reviews this Interim Status Report, if they feel you are behind schedule on
the planning stages, they will make recommendations to help get the project stay on
schedule.
)> )> Has the planning of this project started?
)> )> At what point are you at with the planning stage for this project?
(Percent of completion)
~ )> Will any hotels/motels be utilized to support this project?
~ >> If so, how many hotel room nights will be utilized?
)> )> What is the total dollar amount to date of matching contributions?
>> )> What is the status of the advertising and promotion for this project?
)> )> Have your submitted any advertisements or printed pieces to the TOe staff
for approval? Please supply a sample and indicate the ad schedule.
> > How has the public interest for this project been up to this point?
16 Agenda Item No. 16F2
June 8, 2004
27 of 30
.
. "
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EXHIBIT "e"
Collier County Tourist Development Council
Final Status Report
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON: TITLE:
ADDRESS:
PHONE: FAX:
===~~-===~===-~---~--~-===-===-========~-==~--==----~--------=--=-
,-, On em attached sheet. answer the foUowtno QUestions for each element in
vour scope of work.
Fiual - These questions should be answered for your fmal status report.
~ ~ Was this a flrst time project? Ifnot, how many times has this event taken
place?
~ ~ What hotels/motels were utilized to support the project and how many?
~ ~ What is the total revenue generated for this event?
~ }>o Total expenses. (Have all vendors been paid)
~ ~ List the vendors that have been paid, if not, what invoices are still
outstanding and why?
~ ~ What is the number of participants that visited the project?
~ ~ What is the percentage of the total participants from out of Collier
County?
~ ~ What problems occurred if any during the project event?
~ }>o List any out-of-county- advertising, marketing, and/or public relations
that were used to support the project and attach samples.
~ }>o How could the project been improved or expanded?
.-
17 A~~enda Item No. 16F2
June 8, 2004
28 of 30
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~~"_,,,".~
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. , "':"'"'..
EXHIBIT "D"
REQUEST FOR FUNDS
COLLIER COUNTY TOtJRIsT DEVELOPMENT COUNCn..
EVENT NAME
ORGANIZATION
ADDRESS
CONTAcrPERSON TELEPHONE ( )
REQUEST PERIOD FROM TO
REQUEST#
( ) INTERIM REPORT ( ) FINAL REPORT
TOTAL CONTRACT AMOUNT $
EXPENSE BUDGET REIMBURSEMENT REOUESTED
TOTALS
NOTE: FlU'Bishing false information may constitute a violation of applicable State and
Federal laws.
CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is
correct based on our official accounting system and records, consistently applied and
maintained a.od that the cost shown have been made for the purpose of and in accordance
with, the terms of the contract. The fODds requested are Cor reimbunement oC actual ~t
made during this time period.
SIGNATURE TITLE
EXHIBIT "D"
18 Agenda Item No. 16F2
June 8, 2004
29 of 30
...--
EXIllBIT "E"
VISITOR QUESTIONNAIRE
Thank. you for taking the time to complete the following questions. This information will afford us the opportunity to
better serve the needs of Collier County visitors.
NAME:
ADDRESS: CITY ST ZIP
DATE OF ARRIVAL: DATE OF DEPARTURE:
WHERE ARE YOU STAYING? HOTEL FRIENDS CAMPGROUND
NAME OF HOTEL AND CITY:
NAME OF CAMPGROUND:
- 1; OF ROOMS OCCUPIED x NUMBER OF NIGHfS YOU WILL STAY =
HOW DID YOU SELECT TIrE HOTEUCAMPGROUND?
INTERNET YOUR CHOICE TRAVEL AGENT
OTHER:
NUMBER OF MEALS YOU OR YOUR GROUP will eat out. (please provide a number determined by the number of
people in your party times the number of days of your visit times the number of meals that will be eaten out each day.)
=
AREA ATTRACTIONS YOU PLAN TO VISIT: (please Circle)
Caribbean Gardens, The NaplesIMarco Princess Corkscrew Swamp Naples Pier
Zoo in Naples Sanctuary
WatersportslParasailing Everglades National Everglades Airboat The Conservancy's
Park Tour Nature Center
King Richards Fun Park Rookery Bay Seminole Casino Teddy Bear Museum
Delnore-Wiggins State Fakahatchee Strand Lake Trafford Other: Please name
Park Preserve below
PLEASE REFER TO OlJR COLLIER COUNTY BROCHURE FOR LOCATION OF AREA
ATTRACTIONS.
-
Agenda Item No. 16F2
19 June 8, 2004
30 of 30
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EXECUTIVE SUMMARY
Approve Participation Agreement with Platinum Television Group, Inc. and an
expenditure of $28,700 for Pulse on America Television segment.
OBJECTIVE: To approve a Participation Agreement with Platinum Television Group, Inc. for
the Rights Fee on a Corporate Retreats segment on CNN Headline News entitled Pulse on
America as a way to promote Collier County as a meeting destination.
CONSIDERATIONS: . Pulse on America is a nationally syndicated program on CNN Headline
News. They run a five-minute segment at: 25 and 55 after the hour in a segment called "Local
Edition". They have proposed to us a segment on "Corporate Retreats" in the Naples, Marco
Island area. We would assist the program writers in preparing the segment and in the filming of
the scenes in this area. The segment will run once on the Travel Channel and 100 times on CNN
Headline news in target markets that we suggest. The County would have exclusive rights to the
segment and footage in the future.
The Tourist Development Council (TDC) unanimously recommended approval for funding of
this marketing project at their May 24, 2004 meeting.
,,,,,""'-'" Participating Agreement provided by Platinum Television Group, Inc. was reviewed by the
County Attorney's Office.
FISCAL IMPACT: The $28.700 is available in fund 194.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact from this
action.
RECOMMENDATION: Approve a Participation Agreement with Platinum Television Group,
Inc. for an expenditure of $28,700 for a Pulse on America television segment.
-"
Agenda Item No. 16F3
June 8, 2004
1 of 3
- "",.---,.~-^, " ,,,,;,..',,.',,,,-,".;.,,-~,.,...,.,
-,. COLLIER COUNTY
SOARD OF COUNTY COMMISSIONERS
Item Number 16F3
Item Summary Approve Participation Agreement with Platinum Television Group. Inc. and an
expenditure of $28,700 for Pulse on America Teievision segment.
Meeting Date 6/8i2004 9:00:00 A~J1
Prepared By
Gall Hambright Administrative Assistant Date
County M~mager's Offic~ Toursim Development Council 5/26120048:33:42 AM
Approved By
Jack Wert Tourism Director Date
County Manager's Office Toursim Development Council 5/2612004 9:19 AM
Approved By
Heidi F. Ashton Assistant County Attorney Date
^,_. COlmty Manager's Office County Attorney Office
5/26/20049:37 AM
Approved By
Pat lehnhard Administrative Assistant Date
County Manager's Office Offlce of Management & Budget 5126/200411 :31 AM
Approved By
Mark Isackson 8udgd Analyst Date
County Manager's Offlce Office of Management & Budget 5/27/20044:56 PM
Approved By
Michael SmykowskJ Management & Budget Director Date
County Manager's OfficE! OffiCE! of Management & Budget 5/28/20042:45 PM
Approved By
James V. Mudd County Manager Date
B(Hlrd of County
Commissioners County Manager's Office 5/:i1f2004 3:20 PM
_.
Agenda Item No. 16F3
June 8, 2004
20f3
."-.^._---~ ""... ""---'"' . ~.N "'-
I P ARTICIP A TION AGREEl\'IENT I
Date: May 25, 2004 Project No: POAn-9182nv
Participant: Collier County, through
its Greater Naples Marco Island
Everglades Convention and Visitors Bureau
Authorized By: Jack Wert
Market: ~ational (See Marker Selection Checklisr) Creative Director: Nick: Veser
Show: Pulse all America Feature: 5 minute feature
Platinum Television Group. Inc. ("PRODUCTION COMPANY"):
1) PRODUCTION COMPANY will include Collier CouIIty. through its Greater Naples Marco Island Everglades
Convention and Visitors Bureau in press releases, fearure articles and promotional campaigns including, but not
limited to, a minimum of two (2) full-page, four-color ads, including PARTICIPANT logo, phone number and website
in targeted local/regional/national publications in conjunction with the promotion of the series.
2) PRODUCTION COMPANY will provide P ARTICIP ANT with a copy of its feature, including an open and close, to
which PARTICIPANT will own complete licensing right" and may use for any legal purpose.
3) This fealllre will he llsed on the Pulse on America show airing one (I) time on Travel Channel nationally, and 100
times on CNN Headline News in up to 50 DMA markets as indicated on the market selection checklist. All airings to
occur between 6:00 a.m. and 11:55 p.m.
4) PRODUCTION COMPANY will provide a complete licensed and bonded production team (field production,
graphics, music. voice-overs, program editing, set design and lighting) to complete all necessary taping for completed
feature for P ARTICIP ANT.
5) Content will include, but are not limited to: interview with community representative; educate viewers on a viable
option for corporate meetings and gatherings; explore areas and activities of interest; discuss benefits to the
area; on-camera tour of location, and expert third party interviews.
Collier County, through its Greater Naples Marco Island Everglades Convention and Visitors Bureau ("PARTICIPANT'):
I) PARTICIPA.'IT will provide input into the scripting by filling out a PARTICIPANT questionnaire, reviewing and
signing off on feature outline for accuracy, filling out and approving production schedules and providing literature as
well as background information.
2) PARTICIPAN'T will ship product/service including input for the print advertising (i.e. web site logo, product and/or
service pictures and description, etc.) and provide a list of eight to ten local/regional/national publications and
newspapers to target eoitorial coverage.
3) S28,700 is the total licensing fee to be paid thirty days from agreement execution.
4) PARTICIPAi"l'T understands and acknowledges that the PRODUCTION COMPANY will immediately begin work on
certain aspects of the PARTICIPANT'S fearure and delegate personnel in association with the development,
promotion, scheduling, pre-production and production upon PARTICIPANT signing this agreement.
5) PARTICIPANT, if appropriate, will provide end user for testimonial, company spokesperson, talent and products for
shooting. PARTICIPANT is responsible for product preparation.
6) PARTICIPA.'IT will review all cross media exposure prior to distribution.
7) All aspects of production to be completed within one (1) year of agreement execution.
The parties agree that Florida law applies and the Jurisdiction and venue for any action regarding this agreement shall lie
exclusively in the courts of Rroward County, Florida. The Partiripant does irrevocably commit to participate in the
television program descnbed aho~'e and does further agree to provide the questionnaire and literature in a timely manner.
This agreement contains the full and complete understandings between the parties whether written or oral, pertaining
thereto, and cannot be modified except by a written instrument signed by each party hereto.
Authorized Representative - Participant Date
Platinum Television Group Representative ,
3of3
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i
EXECUTIVE SUMMARY
Approve a Tourist Development Category "A" Grant Application and a Budget
Amendment for the Vanderbilt Beach Easement Access for Fiscal Year 2004 in
the Amount of $148,500
OBJECTIVE: To obtain approval of a Tourist Development Category "A" grant application as
recommended for approval by the Parks and Recreation Advisory Board and the Tourist
Development Council.
CONSIDERATIONS: The following Tourist Development Category "A" grant application was
reviewed by the Parks and Recreation Advisory Board (PARAB) on May 19, 2004, and the
Tourist Development Council (TDC) on '.Vlay 24, 2004. Both boards approved the project
unanimously.
Vanderbilt Beach Easement Access-$148,SOO
A five-foot beach access easement was secured from the Vanderbilt Condominium when
redevelopment permits were issued. The approved redevelopment is underway, and the Parks
and Recreation Department would like to make site improvements consisting of a boardwalk,
benches, signage and trashcans in concert with the current construction effort.
.-
FISCAL IMPACT: Staff has prepared a budget amendment transferring $148,500 from the
Tourist Tax Rcscrvc to this ncw project.
GROWTH MANAGEMENT IMPACT: This project furthers the Growth Management Plan
directive to continue to ensure that access to beaches and waterways remains available to the
public.
RECOMMENDATION: That the Board of County Commissioners approves the attached grant
application for Tourist Development Category "A" LUlU it buuget amendment for a beach access
walkway on Vanderbilt Beach in the amount of $148,500.
-
A~Jenda Item No. 16F4
June 8, 2004
1 of 8
,
- .-.,""""._""-" ,~~,""."".."""""""-"",,,,,,,,,,,,,,,,,,"""",.,
- COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number 16F4
Item Summary .A.pproVI:; a Tourist Development CategolY "A" Grant Appiication and a Budget
Amendment for the VanderbHt Beach Easement Access 80ardwalk lor Fiscal
Year 2004 in the ;\mount of $148,500.
Meeting Date 6/8/2004 9:00:00 !:-.rv,
Prepared By
Maria E. Bernal Grants C()ordinator Date
County Manager's Office Toursim Deve!opment Council 5/27/2004 5:38:41 PM
A pproved By
Jack Wert Tourism Director Datil!
County Manager's Office Toursim Development Council 5/27/2004 5:52 PM
Approved By
-
Murdo Smith Beach and Water Superintendent Date
Pubilc Services Parks Emd R0cmation 5/28/2Q04 9:11 AM
Approved By
Pat lehnhard Admlnistratlve Assist,mt Date
County Manager's Office Office of Management & Budget 5/23/2004 9:37 AM
Approved By
Michael Smykows!<J M~mag0ment & Budget DirElctor Date
County Manag!~r's Offjc~! Office of Managetywnt & Budget 5128121)(l4 2~4~i PM
Approved By
James V. Mudd County Manager Date
Board of County
Commlssiofwrs County Mana!}er's Offlce 5/31/20043:23 PM
"-"
Agenda Item No. 16F4
June 8, 2004
2 of 8
---~~-_.."- "n._ ..-.--."" .-
Collier County Tourist Development Council
Grant Application
For
Vanderbilt Beach Easement Access
1. Name and Address of Applicant Organization:
Collier County Board of County Commissioners
3301 Tamiami Trail Ea~t
Naples, Florida 34112
2. Contact Person, Title and Phone Number:
Joe Delate, Senior Project Manager
Department of Parks and Recreation
Phone: 353-0404; Fax: 353-1002
3. Organization's Chief Official and Title:
Donna Fiala, Chairman
Board of County Commissioners
4. Brief Project Description:
Installation of a boardwalk and other improvements at the newly acquired beach access
easement at Vanderbilt beach ('The Vanderbilt Condominium").
5. Estimated project start date: 6/15/04
6. Estimated project duration: 10 months (6/15/04- 4/15/05)
7. Total amount requested: $148,500
8. If the full amount requested cannot be awarded, can the program/project be
restructured to accommodate a smaller award?
Yes (X) NoO
9. Identify the goals and objectives for the project: To implement the goals of the Beach
and Boat Access Master Plan, specifically creating new beach access and increasing the
frequency of distribution of beachgoers along the beach.
Agenda Item No. 16F4
June 8, 2004
30f8
_..
Collier County Tourist Development Council EXHffiIT A
Grant Application
Page 2
10. Describe what benefits will be received from the project: Residents and visitors to
Collier County will have an additional beach access point in the Vanderbilt area.
11. Describe how the effectiveness of the project will be evaluated: The project will be
deemed effective when Beach and Water maintenance personnel or Park Rangers report
incidentally observed public use of the beach access point.
12. Describe how the project enhances existing County Tourist Development Programs:
Existing Cuunty Tuurist Development Programs fund beach renourishmenc and beach
park programs in order to enhance Collier County's attractiveness to visitors. This project
will expand the beach park/access point network which the TDC works to develop.
13. Describe how financial resources will be monitored: The project will be administered
- by Parks and Recreation, under the direct supervision of the Senior Project Manager. All
applicable County purchasing policies and procedures and tinancial review procedures
will be adhered to.
14. Please complete the following questions and provide additional information, if
necessary:
. Does the proposed expenditure further the objectives outlined in the l\-Iission
Statement?
Yes (X) No ( )
. Does the proposed expenditure fairly distribute monies to different geographic
areas of the County?
Yes (X) No ( )
For purposes of Growth Management Plan compliance, beach parks are considered
regional park facilities, meaning that they serve users within a one-hour drive time or 50-
mile radius. This facility then is considered to serve the full urban populaled area of lhe
County .
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Agenda Item No. 16F4
June 8, 2004
4 of 8
..._"~.__..,- . -- ,.-----,"..--.. --
Collier County Tourist Development Council EXHmIT A
Grant Application
Page 3
. Does the proposed expenditure promote environmental awareness and
understanding and does the proposed project address environmental
considerations?
Yes (X) No ( )
The propose project includes a boardwalk dune crossover to mitigate damage to the
natural shoreline.
. [5 the proposed project part of the ongoing Collier County beach restoration
project and/or pass maintenance/dredging/management projects?
Yes ( ) No (X)
. [s the proposed Project required by a regulatory agency as a condition for
approval/funding the Collier County beach restoration projects?
Yes ( ) No (X)
. Will the proposed project contribute significantly to the progress of the beach
restoration projects?
Yes ( ) No (X)
. Will the project decrease the local cost share of an overall beach restoration
project, either by decreasing the total project cost or by increasing the local/non-
local ratio?
Yes (X) No ( )
The proposed project may decrease the local cost share of beach restoration by
increasing the frequency of beach access points and thereby making the County
eligible for State renourishment funding,
. Will the project improve understanding of alternative technologies that may
contribute to a cost.effective beach restoration project?
Yes ( ) No (X)
. [s there a potential for an alternative/matching funding source?
Yes (X) No ( )
Parks and Recreation ImpacL Fees could be used as a match.
Agenda Item No. 16F4
June 8, 2004
5 of 8
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. Is the project consistent with the Collier County Growth Management Plan
and/or standing Board of County Commission action?
Yes (X) No ( )
The project is consistent with Growth Management Plan directive to ensure public
access to beaches and waterways and furthers the objectives of the Board-approved
Beach and Boat Access Master Plan.
-
-
Agenda Item No. 16F4
June 8, 2004
6 of 8
~"-_.-'- ".._w --"-"".'- '~'--'"'-
Collier County Tourist Development Council EXHffiIT A
Grant Application
Page 4
. Has the project been reviewed and recommended by the Parks and Recreation
Ad"isory Board? Yes, on May 19,2004 the Parks and Recrealion Advisory Board
reviewed the project at their monthly meeting and voted 5-0 in favor of forwarding
the project to the TOe.
Signature:
Marla Ramsey, Director, Department of Parks and Recreation
Date:
Agenda Item No. 16F4
June 8, 2004
7 of 8
~-
Collier County Tourist Development Council EXHIBIT A
Grant Application
Page 5
PROJECT BUDGET
ITEM DESCRIPTION AMOUNT
1. Design, permitting, construction adminisU'ation $ 10,000.
2. Boardwalk construction $110,000.
3. Site furniture, signage, U'ash receptacles $ 10,000.
4. Permit applications (CCL, FDEP), building pcrn1its $ 5,000.
-.-
5. Contingency (10%) $ 13,500.
6. TOTAL $148,500.
_.
Agenda Item No. 16F4
June 8, 2004
8 of 8
--. _.
.-
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
FUNCTIONIEVENT: Southwest Florida Transportation Initiative Post-Session
Legislative Forum
~ PUBLIC PURPOSE: Commissioner Coletta requests Board approval for payment for
attending a function serving a valid public purpose.
DATE OF FUNCTION/EVENT: June 2, 2004
FISCAL IMPACT: $35.00 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.
PREPARED BY: Nancy Rosiak, Executive Aide to the BCC
APPROVED BY: Sue Filson, Executive ~lanager to BCC
AGENDA DATE: June 8, 2004
".......
Agenda Item No. 16H1
June 8, 2004
1 of 4
-.-....- w.___....-.w.'. .....".--...,-"",..."""-,,..--- ^'"""._...._"".....,"',"~'..',.M. ,.",'
- COLLIER COUNTY
SOARD OF COUNTY COMMISSIONERS
Item Number 16H1
Item Summary Seeking reimbursement far attending the SWFTI Past-SE,ssion Legislative
forum on June 2, 2004; $35.00 to be paid from Commissioner Coletta's travel
budget. (
Meeting Date 6/8/2004 9:00:00 AM
Prepared By
Nancy Hoslak Executlv,,~ Aide to tr;", BCC D<lt~
Board of COlmty
BeC Office 512712004 1 :51 :52 PM
Commissioners
Approved By
Sue Filson Executive Man<lger to the BCC D,,:te
Board of County
BeC Office 5/27120041:52 PM
Commissioners
.-.
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 5/27/20047:02 PM
Approved By
James V, Mtldd County Manager D;~te
Soard of County
Commissioners County Manager's Office 5/31/2004 1 :57 PM
"",-
Agenda Item No. 16Hi 1
June 8, 20()4
2 o~' 4
--_.,~-- "_..~,~ ,.. .,,~,- -'_. .-_..-
SOUTHWEST FLORIDA
....... ::.. TRANSPORTATION INITIATIVE RECEIVED
Agnoll, Barber &. Brundage
. Aim Engineering" Surveying, Inc. MAY 1 3 2004
Ajax PaVing Industries
Alko, Inc. d of County Commissioners
ALLETE Properties Inc. .',
Arthur Ruteaberg Homes ;; You are cordially invited M~ttend the
Ave Maria Unlvenity E t'>~ :,.'. GY
Bal-raro " Associates, Inc h.....;' , ~. J~'
Barron Collier Company ..
BBL - Florida, L.l...C. \". ~, ;- l Southwest Florida Transportation Initiative
;, ,,! l ~ ..
The Bonita Bay Group" .
Bonita Springs Chamber of Commerce Post-Session Legislative Forum
Bonita Springs- Estero AssociatioD of
Realtors f?S'C;O
Ccntcx Homes Wednesday, June 2, 2004
Chamber of Commerce of Cape Coral J ,..
The Chamber of Southwest Florida 3 to 5 p.m. Legislative Dialogue
Charlotte Couaty Airport Authority
Charlotte Couaty Chamber of Commerce 5 to 6 p.m. Cocktail Reception
Charlotte County Office of Economic:
Development ,-, ,-
Cltizeifs-Hlgllway Tl11t1alive Progra m' Shadow Wood Country Club (The Brooks)
(CHIP)
Collier Building Industry Association 22801 Oakwilde Boulevard
Collier Enterprises Bonita Springs
Colonial Bank
Community Engineering Services
Courtells Company Forum agenda includes:
DCI Communities
Dnid Plummer &. Associates . Report from SWFfI on legislative activities and priorities
EarthMark Companies . Review of the 2004 Legislative Session from members
Economic Development Coundl
of Collier County of the Southwest Florida Legislative Delegation
Englewood-Cape Haze Area . Update from the Florida Transportation Commission
Chamber of Commerce
Estero Chamber of Commerce . Update from the Florida Department of Transportation
Florida Gulf Coast Univenity
Greater Fort Myers Chamber of . Legislative dialogue, Q&A
Commerce Inc.
Gre.ater Naples Chamber of Commerce
Gulf Citrus Growers Assodation
HNTB Corpontion
Hubourside Custom Homes
Heidt'" Associate", Inc.
Henderson, Franklin, Starnes '" Holt, P.A. Please fax the enclosed response form
Hole Monies, lac.
Horizon Council of Lee County by Thursday, May 27,2004
Johnson Engineering
Klngon Homes
Landon Development Corporation
Lee Bulldlnc Industry Association
The Lutgert Companies
Ross W. Mclntosh
Metro Transportation Group, Inc.
Miromar Development Directions from Fort Myers:
Naples Area Board of Realton
Parsons Brinckerhoff Travel south on U.S. 41 to Coconut Road. Turn left (into The Brooks) heading east
Pulte Home Corporation about one mile to the Shadow Wood entrance on the left.
Realtor Associatioo of Greater Fort Myers
and the Beach, Ine.
The Ronto Group Directions from Naples:
Simon Property Group
Southwest Florida Regional Travel north on u.s. 41 to Coconut Road. Turn right (into The Brooks) heading east
Planning Council about one mile to the Shadow Wood entrance on the left.
Sun Trust - Charlotte County
U.s. Home Corp.
Vanasse'" Daylor Directions from 1-75:
WCI Communities Take the Corkscrew Road exit (#123). Proceed west one-half mile; turn left on Three
Wal-Mart Stores East, LP
Wallace Homes Oaks Parkway. Turn right on Coconut Road and follow one mile to the Shadow Wood
WilsonMiller, lac. entrance on the right.
Wyman Stokes Builder
Agenda Item No. 16H 1
Tina Matte, Coordinator June 8, 2004
Gravina, Smith'" Matte 3 of 4
Phone: (139) 175-5758
Fu: (239) 27S-6S01 (OSI04f04)
MAY-21-2004 FRI 03:11 PM GRAVINA, SMITH & MATTE F AX NO. 239 275 6501 P. 02
..
SOUTHWEST FLORIDA
- TRANSPORTATION INITIATIVE
Aenoli, Barber" arunda,.
Aim gnc\......DI & Sa..nylnc, fllCo
AJn Pni.. lnduatrilS INVOICE
Allco, tne.
i ALI-ItTE Proputla Ine.
I Art"lIr Rutenberl HIIIIICI
An Mari. U.ivanity
Barrlco &. NlIocla. lae.
Barron CoIII.r Campan)'
aaL - Florida. L.L.C. May 11, 2004 INVOICE # 40602121
TIl. ilenit& Bay CrDllp DATE:
Bonia ~prinp Clamber of Commerce
"lIlta Sprillp - Es"ro AllIOdallan of
Jqaltors
Celltn: !lam..
CbatJlber 01 Comm.nt of CaP' Coral TO: Commissioner Jim Coletta
Th. Chamber of So.tla,,,st FlOrida
Cb.rlole' Count)' A1l'p41rt Alltbarily Collier County Commission
Charlotte COll11ty CllamtJ.r af COmmerce
CbarlolCe County Of lice or Economic 3301 E. Tamiami Trail
Developmellt Naples, FL 34112
UaaR& H~bw'y hlidatlve rrollram
(CHIP)
Collier Bllildinl Jllduatry A5S0d.tion
Colli"" Edt.rprisa
Colonial 8.nk
C..mmllnlty 2nlin..rinfl Servl_
COllrteliJ COlRPany
DCI COlllmunltles
David PllImmcr "AI.paala
E.nllMark Companiea DESCRIPTION
lCco.-omic Dovelopmant COllndl
of Collier COllaty
Encl'_odoC.po Ha.. Area
Cb..nber lie Conunercc
Eat.ro ChamlM'r of Commerrr SWFl1 Post-Session Legi.~lative Forum $35.00
Florida Gill r eo.K Unlvenil;)'
Greater Port Myel'. Cllambtr of
Commerce lne.
Gre.ter Naples Chamber .f Commn'e.
Gulf atrul Growe... Asioclation Please make check payable to SWFl'I.
HNTB Corpor.tiDo Tbank you.
Harboll....ide eu.c.. lIoma
Heldl A .....aoci.ca, Inc.
H"aderllOa. Franklin. St&mrll" Holt, ".A.
Hola 1\40Ilt." lAe.
Horizon Coulleil ofL.. COUoty TOTAL DUE: 535.00
J.Il_11 Eolln..ri... -
J<,.IDlOll Ham..
Landon Devllopment Corporation
l..cc Bldlelill' lnd\lRTy Alllaci.t\on
The l-utuert Colllpaaie&
R.oaa W. McIlllO.b
Metro Transportation Group, loe.
Miromar Dewdopm8l1t
J'lIapla Area Board of Realtors
r.nO" BrlIIl:ka-hoff
hha Hilma CCWpll...tiOIl
RoallOr ~ialio. of Grauer FI! rt Myer.
and tll. "'a.1I, ...... Please remit payment to:
The RDltra GrlllP
Si__ Prop....,. Crollp
So.I.....t l"'1oricla RAtDana' Southwest Florida Transportation Initiative
PI'Dalac Council
SIlIIT""t - Cbarlutte County clo Gra'\1lna, Smith & Matte.
u.s. Ho.... Corp. 1520 Royal Palm Square Blvd., Suite 160
v....... ... Daylor
WCIOlmJllllnitia Fort Myers, Florida 33919
Wa~MArt Star"" East, LP
W.llace 8.0_
.- WilIaIlMlIIer, IDe.
W)'lNln !lit.1ces BaildR'
n.. Maue. Coordln.tor Agenda Item No. 16H 1
C,.vlllla, SlIIith " M.tto June 8, 2004
thoaa (1") J'W1S. 4 of 4
II...: (23.) 115-6581 (05XWI04)
-~-_. ~,- -. -..'.'
-
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
June 8, 2004
FOR BOARD ACTION:
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. Minutes:
1.. Collier County Productivity Committee - Minutes of April 21, 2004.
-
~
Agenda Item No. 1611
H:Data/Format June 8, 2004
1 of 2
.~---,-,. '--"-
._. COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number 161'1
Item Summary Miscellaneous items to file for record with action as directed.
Meeting Date 6i8!2004 9:00:00 AI\.1
Prepared By
Kathleen Martinson Administrative Aide to BCe Date
Board of County
Commissioners acc Office 5/27/2004 9:29:00 AM
Approved By
Sue FUsol' Executive Manager to the BCC Date
Board of County SCC Office
Commissioners 5/27/20049:40 AM
Approved By
.-"
James V. Mudd County Manager Date
Bomd of County
Commissioners County Manager's Office 5/27/20046:22 PM
.--
Agenda Item No. 1611
June 8, 2004
20f2
---,..- .. -~._-_._'_..---
...._-
.~ --- . -. _..- -
.
-
EXECUTIVE SUMMARY
RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS DESIGNATE THE
SHERIFF AS THE OFFICIAL APPLICANT AND PROGRAM POINf-OF-CONTACT FOR
THE UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE,
LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM, ACCEPT THE GRANT WHEN
A WARDED AND APPROVE APPLICABLE BUDGET AMENDMENTS.
OBJECTIVE: To seek approval from the Collier County Commission to designate the Sheriff as the
official applicant and point-of-contact for the United States Department of Justice 2004 Local Law
Enforcement Block Grant (LLEBG) Program funds, accept the grant when awarded and upon an award
approve applicable budget amendments.
I CONSIDERATION:
: l. The Collier County Sheriff s Office has participated in anti-crime grant programs for fifteen
years.
2. This ninth year program is for the implementation of the fiscal year 2004 LLEBG Program to be
administered by the United States Department of Justice, Bureau or Justice Assistance.
3. The purpose of the LLBEG Program is to provide funds to underwrite projects to reduce crime
and improve public safety.
4. The United States Department of Justice has appropriated $99,258 to Collier County to be used
for purposes of the LLEBG Program.
5. The Sheriffs Office application will request LLEBG funds to procure currently unfunded
technical equipment that focuses primarily on domestic preparedness; first responder; anti-
~ terrorism and/or homeland security. The equipment will directly relate to basic law enforcement
functions and is an authorized program purpose.
6. The Bureau of Justice Assistance has implemented an internet-based system to support the
LLEBG Program fiscal year 2004 applications.
7. Fiscal year 2004 LLEBG Program applications must be completed online.
8. The formal designee of the eligiblejurisdktion is allowed to apply for funding.
9. Board approval is needed for: designation of the Sheriff as the official applicant and point-of-
contact for fiscal year 2004 LLEBG Program funds; Board Chairman Donna Fiala, or in her
absence, County Manager James V. Mudd, to respond to the Bureau of Justice Assistance's
online request to confirm the Sheriff as the official application and program point-of-contact;
acceptance of the grant when awarded; and approval upon award of applicable budget
amendments.
FISCAL IMPACT: Ten (10%) percent ($11,029) local matching funds are available from the
Confiscated Trust Fund Reserves. Funds will be appropriated in 2005 for the grant match.
GROWTH MANAGEMENT: No recurring costs for subsequent years.
RECOMMENDATION: That the Collier County Commission agrees to designate the Sheriff as the
official applicant and point-of-<:ontact for the United States Department of Justice. Bureau of Justice
Assistance. fiscal year 2004 LLEBG Program funds, that the County's Chief Executive Officer respond to
the Bureau of Justice Assistance's online request to confIrm the Sheriff as the official applicant, accept
the grant when awarded, and upon an award approve applicable budget amendments.
Certification of Confiscated Tru!\t Fund Request
This request is a legitimate expenditure of Confiscated Trust Funds under Section 932.7055 (4)(a) Florida
Statues to provide matching funds to obtain federal grants.
Agenda Item No. 16J 1
June 8, 2004
1 of 2
_.._."-"...~<< ,~... --"''''~ .~~_ .__..... _,..~..'~"M'.'.~._.__ '''-''''.._''--'~-'' -. ."~,-----"",~,._.""
.-~ COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number 16j1
Item Summary Recommend that tile Board of County Commissioners designate the Sheriff as
ale Official Applicant and Program Point-ol-Contact for the United States
Department of ,Justice, Bureau of Justice Assistance, local Law Enforcement
Block Grant Program, accept the Grant when awarded and approve applicabie
budget amendments.
Meeting Date 6i8/2004 9:00:00 Af\,1
Approved By
Michael Smykowski Management & Budget Director Date
County M,mager's Office Office of M<.magement & Budget 5/27/2004 9:49 AM
A pproved By
James V. MEldd Cmmt'j" Manager Date
".- Bomd of County
Commissioners County Manager's Office 5/31/20041:33 PM
",,-
Agenda Item No. 16J1
June 8, 2004
20f2
-- -'." --',- -,,~"~... -
_0"__
-"
-
EXECUTIVE SUMMARY
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.
OBJECTWE: To have the Board of County Commissioners make a
determination whether the purchase orders opened from May 15, 2004 through May 28,
2004 serve a valid public purpose and authorize the expenditure of County funds to
satisfy said purchases.
CONSIDERATIONS: To ensure compliance with State law, the Clerk's Office
has prepared a detail list of all purchase orders that have not previously been approved by
the Board of County Commissioners that were opened for the period May 15, 2004
through May 28, 2004. This report is available for inspection and review in the County
Manager's Office.
FISCAL IMPACT: The goods and services included in the aforementioned report have
all been previously appropriated.
,,--.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
; related to this item.
I
RECOMMENDATION: That the Board of County Commissioners make a
detennination 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.
Prepared By: Date: d',h.~(
esL. Itchell, CIA, CFE, CBA
irector of Finance and Accounting
Reviewed and S h-k/otf
Approved By: Date:
Co ance Murray
General Operations Manager
Agenda Item No. 16J2
June 8, 2004
1 of 2
_.'-,.- .-- .-.,........" -......-..-.."'.- ,
...,",.,.",-,~~....,_.. - ".,- "-'''-'''-~-'-~''>^'
- COLLIER COUNTY
SOARD OF COUNTY COMMISSIONERS
Item Number 16j2
Item Summary That the Board of County Commissioners make a determination of whether the
purchases o'f goods and services docurnented in the Detailed Report of Open
Purchase Orders serve a valid public purpose and authorize the expendaure of
County funds to satisfy said purchases. A copy of the Detailed Report is on
dispiay in the County Manager's Office, 2nd Floor, W. Harmon Turner Building.
330'1 East Tamiami Trail, Naph::s, FL.
Meeting Date 6/8i2004 9:00:00 Atv1
A pproved By
Michael Smykowski Mamlgement & Budget DIrector Date
County Manager's Office Office of Management & Budget 5/2912004 9:41 AM
Approved By
.-..., Leo E. Oehs. Jr. lJep~lty County Marwger Datll!
Board of County County Manager's Office
Commissioners 6/1/2004 -t 1 :09 AM
.~-
Agenda Item No. 16J2
June 8, 2004
20f2
--..' """--..- _.,,~ --,.... --,~ -~--,_.-
--
EXECUTIVESU~ARY
Board of County Commissioners Approval of the Settlement Agreement in Health Care
Reit. Inc. v. Collier County-Case No. 02-5002-CA & Collier County v. Certain Lands Upon
'Vhich Impact Fees are Delinauent-Case No. 03-231-CA, now pending in the Twentieth
Judicial Circuit Court for Naples, Collier County, Florida.
OBJECTIVE: The County Attorney's Office is requesting the Collier County Board of County
Commissioners approve a settlement agreement and mutual release for all claims relating to
litigation in Health Care Reit. Inc. v. Collier County-Case No. 02-5002-CA & Collier County v.
Certain Lands Upon Which Impact Fees are Delinquent-Case No. 03-231-CA, now pending in
the Twentieth Judicial Circuit Court in Naples, Collier County Florida.
CONSIDERATIONS: Pursuant to direction from the Collier County Board of County
Commissioncrs, adult facilitics that did not rcstrict school age childrcn at thc timc building
permits were issued or had no deed restrictions in place by the time of the issuance of
Certificates of Occupancy were to be notified of and requested to pay outstanding impact fees. In
all, approximately Twenty-Nine [29] facilities were reviewed for collection efforts. If this
settlement is approved, only one facility will remain in litigation.
,- In the process of reviewing the payment histories of such facilities, it was discovered that some
of them owed fees to the County and some were due to receive refunds from the County.
Merrill Gardens was notified in writing that unpaid School Impact Fees were outstanding in the .
amount of One Hundred and Twenty-Two Thousand, Three Hundred Ninety-Six ($122,396.00)
Dollars.
On or about January 17,2003, Collier County filed suit against Merrill Gardens seeking payment
of the unpaid impact fees. After negotiations, a settlement was reached, pending approval by the
Board of County Commissioners, wherein Collier County would accept a payment of Thirty-
Five Thousand Dollars ($35,000.00) in full settlement. Under the terms of the Settlement
Agreement and Mutual Release, attached hereto as Exhibit "Alt, Collier County will forego its
claims against Merrill Gardens, dismiss its lawsuit with prejudice and Merrill Gardens will forgo
the refund in the amount of Nine Thousand, Two-Hundred Thirty-Five Dollars and Thirty-Seven
Cents ($9,235.37), release any claims against the County and dismiss its lawsuit with prejudice.
FISCAL IMPACT: The settlement will result in a net recovery to the County of Forty-Four
Thousand, Two Hundred Thirty-Five Dollars and Thirty-Seven Cents ($44,235.37), that will be
allocated to the Schools impact Fee trust account.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: The Collier County Board of Comity Commissioners authorize the
Chairman of the Board of County Commissioners to execute the settlement agreement and mutual
release on behalf of the County.
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Agenda Item 16K1
June 8, 2004
1 of 9
--"-. ",<-,-_..-.~.._,.._-,- . "~~""'____"""M,'''''''.""",,,...<".~ """'''''''''''~j__''M"'''^,",''''''''''''''~''
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
--
Item Number 1f..K1
Item Summary Board cf County CO!T1rni:;~>iom~r:; Approval of thn Sett!ememt .A'\1rBHrmmt in
Heai1h CarB Reit. in;:, V. CoHier COlJnty-Ca:;!~ No. 02-5002-CA & Collier County
v. Certain Lands Upon \!Vhk:.h In-:pact Fees are De!inquent-Case No. 03-231-
CA. :;GW pending in the Twentieth ,ludici,:! Circuit Court for Naples, Co;;:er
County, Florida.
Meeting Date 618/20049:00:00 AM
Approved By
Jacqueline W. Hubb~rd Assist"nt C'Junty Attorney D"te
County M,1nager'ft Office County At!orr:l!Y Of.h:.1 5!28:2004 3:2e PM
Apprond By
Amy P8tt(;r~{)n lr:1pact F(;<, MMH;1g(;r j)",~\;>
CommunH.y Dev1>lopment. 8- Finandal Admin. 8. Housin;a ~!2!l!20041:12 PM
Envi!,~m:le()lal Services
Appro\'ed By
Community Delii!lopment 8-
.!OS<>pti K ${;hIYlilt Environmental Ser/i::€?5 Adminstratcr 08te
Community Developmi!nt & Community Developmi!nt & 5!Z5120IJ4 7:5: AM
Environmental Services Environment31 Si!rvlces Admin,
Apprond By
!),1ntan Bakilr f'ln,lnci,,1 AC:1~jn & HOLl!;.:ng Dimetor D"te
CC<1\ITlunity Dr:\ielopment & Fimmcial/\dmin. & Hom;ir:~l 5/28i2004 3:18 PM
Envtronmr,nt."11 Sl!r/kf".
Appro\'ed By
David C. Wei~lel County Attorney Date
C,~unty MaMger's Offk~e C,~tJf1ty Atlofnl1Y Offic~ 512!\!ZQ04 4:,11 PM
Appro\'ed By
Pat Llihnhud Administrative Assistant Date
County Manager's Office Offke of Management & Budget 6/11200,16:5,1 AM
Approved By
Michael Smykcwski Maf!a~ement & Budget Director Date
County Manager's Office Offici! of Management 8. Budget (;!1/2004 'jlHIS AM
Approved By
Leo E. Ocn!\, Jr. Deputy County Man,1ger D"te
ao~rd {,,:f COl:rriy County Manager's Office
Commi;;:,ioners 6/11200,111:11 AM
-
Agenda Item 16K1
June 8, 2004
2of9
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SETTLEMENT AGREEMENT AND MUTUAL RELEASE
THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (the "Agreement and
Release") is entered into and made on the date when it has been executed by the last of the
parties to sign it, by and between COLLIER COUNTY, (the "County"), a political subdivision of
the State of Florida, and HEALTH CARE REIT, TNC., a Delaware corporation ("HCN").
WIT NESSET H:
WHEREAS, on or about July 15, 1997, the County issued a Building Permit for the
construction of an assisted living facility on propcrty owncd by HCN locatcd at 1710 SW
Professional Health Parkway, Naples, Florida (the "Property");
WHEREAS, on or about September 4, 2002, the County served a Final Notice of Impact
Fee Statement on HCN notifying HCN that HCN: (1) failed to pay Educational Facilities
Systems Impact Fees in the amount of One Hundred Twenty-two Thousand Three Hundred
Ninety-six and 00/100 Dollars ($122,396.00), plus interest and penalties; and (2) over paid
impact fees for roads in the amount of Nine Thousand Two Hundred Thirty-five and 37/100
Dollars ($9,235.37) (the "Refund");
WHEREAS, the County recorded a Claim of Lien against the Property to collect the
unpaid School Impact Fees on or about November 7, 2002;
WHEREAS, on or about December 6, 2002, HCN filed a complaint against the County
in the Circuit Court for the Twentieth Judicial Circuit, in and for Collier County, Florida, styled
Health Care REIT, Inc. v. Collier County, Case No. 02-5002-CA challenging the validity of the
County's assessment of School Impact Fees against the Property and the County's November 7,
2002 Claim of Lien, as well as seeking damages for slander of title;
Agenda Item 16K1
June 8, 2004
3 of 9
-
WHEREAS, on or about January 17,2003, the County filed a Complaint against HCN in
the Circuit Court for the Twentieth Judicial Circuit, in and for Collier County, Florida, styled
Collier County v. Certain wnds Upon Which Impact Fees are Delinquent, a/k/a Merrill
Gardens, a/k/a Health Care REIT, Inc., Casc No. 03-231-CA, sccking to forcclose its Novcmbcr
7,2002 Claim of Lien and seeking damages for alleged unpaid School Impact Fees;
WHEREAS, the Slander of Title Action and Foreclosure Action are scheduled for non-
binding arbitration on July 22, 2004;
WHEREAS, on or about May 13, 2004, the County Fire Marshall issued a citation for an
inoperable sprinkler system in connection with ongoing renovations to the Property (the "Recent
Actions");
WHEREAS, HCN and the County desire to settle Case No's 02-5002-CA and Case No.
--'-'-.. 03-231-Ca, and any and all disputes or claims that arise from, relate or refer in any way, whether
directly or indirectly, to either; and
WHEREAS, HCN and the County desire to reduce their settlement to a writing so that it
shall be binding upon them as well as their respective owners, principals, elected officials,
officers, employees, ex -employees, agents, attorneys, representati ves, insurers, spouses,
successors, assigns, heirs, grantees and affiliates.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
consideration set forth in this Agreement and Release, and with the intent to be legally bound,
HCN and the County agree as follows:
1. HCN and the County adopt and incorporate the foregoing recitals by reference into this
Agreement and Release.
-
Agenda Item 16K1
June 8, 2004
4 of~
_.'m '-'-~
2. In consideration of the resolution of all disputes or claims arising from or relating in any
way, whether directly or indirectly, to Case No. 02-5002-CA and Case No. 03-231-CA. and in
consideration of the promises contained herein, the parties agree as follows:
a. Upon cxccution of this Agrccmcnt and Relcasc by Collicr County, HCN shall
dismiss Case No. 02-5002-CA with prejudice.
b. Upon execution of this Agreement and Release, the County shall file a final and
complete satisfaction and release of lien ("Release of Lien") and dismiss Case No. 03-231-CA
with prejudice.
c. Prior to approval of this Agreement by the Board of County Commissioners,
HCN shall pay to the County Thirty-five Thousand and 001100 Dollars ($35,000.00) on or before
May 25, 2004 which shall be held in escrow until approval of the Board is obtained and this
Agreement is deemed effective and binding upon all parties.
d. Upon execution of this Agreement and Release, HCN shall relinquish all rights to
and interest to the over payment of road impact fees.
e. Upon execution of this Agreement and Release, the County shall approve and
release the building permits # 2003110778 and # 2003111048. The County agrees not to refuse
to approve and release any future building permit applications for construction on or
improvements to the Property based on an alleged failure to pay any impact fees relating to the
July 15, 1997 building permit. The County agrees that it will not assess any fine or impose any
penalty against HCN or the facility operator at the Property due to the citation for an alleged fire
code violation that was issued in May 2004.
Agenda Item 16K1
June 8, 2004
5 of~
-
f. Upon payment of the amount set forth in paragraph 2(c) above, the County shall
record and deliver a copy of the satisfaction of the obligation due under this Agreement and
Release.
3. The County and HCN, jointly and scvcrally, on bchalf of thcmselves and thcir respectivc
predecessors, successors, assigns, parents, subsidiaries, affiliates, officers, directors,
shareholders, elected officials, agents, employees, servants, attorneys and representatives, as well
as the respective heirs, personal representatives, successors and assigns of any or all of them,
fully, finally and forever release, acquit and discharge each other and their respective
predecessors, successors, assigns, parents, subsidiaries, affiliates, officers, directors,
shareholders, elected officials, agents, employees, servants, attorneys and representatives, as well
as the respective heirs, personal representatives, successors and assigns of any or all of them
- (collectively the "Released Parties"), from any and all claims, demands, debts, actions, causes of
action, suits, contracts, agreements, obligations, accounts, defenses, offsets and liabilities of any
kind or nature whatsoever, known or unknown, suspected or unsuspected, in contract or in tort,
at law or in equity, which any party ever had, now has, or claims to have against any of the
Released Parties, including, but not limited to, those arising out of the facts, acts or omissions
which relate in whole or in part, directly or indirectly, to Case No. 02-5002-CA and Case No. 03-
231-CA, excepting only claims arising under this Agreement.
HCN and the County represent and warrant that no part of any of the aforesaid asserted or
assertable claims have been assigned or transferred, and HCN and the County have the full,
exclusive, and unencumbered right, title, and interest in and to the same.
4. HCN and the County acknowledge and agree that this Agreement and Release is the
product of mutual negotiation and no doubtful or ambiguous language or provision in this
".--
Agenda Item 16K1
June 8, 2004
6 of~
---.^'-- _.~-_... .-,.
_.....
Agreement and Release is to be construed against any party based upon a claim that the party
drafted the ambiguous provision or language or that the party was intended to be benefited by the
ambiguous provision or language.
5. This Agrccmcnt and Relcasc may bc amcndcd only by a written instrument spccifically
referring to this Agreement and Release and executed with the same formalities as this
Agreement and Release.
6. The County and HCN recognize and agree that this document represents a settlement and
compromise reached between the County and HCN and shall not constitute or be construed as an
admission by either the County or HCN regarding the validity of any claim or defense of another
party asserted in Case 1\0. 02-5002-CA or Case No. 03-231-CA, and that if this Agreement and
Release is not fully and finally consummated by its valid and binding execution, then no
statements contained in this document shall be used for any purpose against any party in Case
No. 02-5002-CA or Case No. 03-23 I-CA.
7. This Agreement and Release may be executed in counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same instrument.
8. There are no oral or written agreements or representations between the parties hereto
affecting the Agreement and Release not contained herein. This Agreement supersedes and
cancels any and all previous negotiations, arrangements, representations, agreements, and
understandings, if any, made by, to, or between the County and HCN, and their respective agents
and employees with respect to the subject matter thereof.
9. In the event of an alleged breach of this Agreement and Release, the sole venue for any
resulting action shall be in the Twentieth Judicial Circuit, in and for Collier County, Florida in
Naples, Florida.
Agenda Item 16K1
June 8, 2004
7 of 9
....---
-
10. This Agreement and Release shall be governed by the laws of the State ofFtorida.
11. If any party institutes any action or proceeding against the other relating to the provisions
of any part of this Agreement and Release, the non-prevailing party in such action or proceeding
shall reimburse the prevailing party for the reasonable expenses. attorney's fees, and all costs and
disbursements incurred therein by the prevailing party, including, without limitation, any such
fees, costs, or disbursen1ents incurred on any appeal from such action or proceeding. This
provision is separate and several and shall survive the termination of the Agreement.
IN WITNESS WHEREOF, HCN and the County have signed and sealed this
Agreement and Release as set forth below:
.-.............-.....-~....-
....... --: "'......
. . .
-- ,/;~.>:~;~:~\_~ ;~
HEALm CARE REIT.INC. :,' =: ~ j ,,- :"-:: :;;: ~
~t~ . c.. C~~ ~:: f;~
By. ~_ ..~ _. v'. -' ._.<j-..:
Name: 1i!'IN C IIIiLi ".~. ----...:,.... ..~.,
Its: VICE PR~lriI:.VT ""'-.. .>...,
KA'IK8 A. SULlIVAN &: CORPORATE S~ARY
STATE OF OHIO
COUNTY OF LUCAS
The foregoing instrUment was acknowledged before me this ~ day of May, 2004,
by ElINe... .as ~ of Health Care Reit,
Inc. who is personally known to me Of. 'WI.ltO ~ir\ - ~
idOfttifj(,1ti~n and who did take an oath. '-/lv~, ~p
Notary Sign e ......
RrT'A J. AOIiE
. Printed Notary Name
My Commission Expires:
RITAJ. ROGGE
NoIIry Public, State C1f Ohio
Commission Expires 8f26A)5
.-
6
Agenda Item 16K1
June 8, 2004
8 gfQ
-" ,--- ..'-.-
'''~~ .- ._,~-"-
COLLIER COUNTY:
ATTEST:
DWIGHT E. BROCK, Clerk of BOARD OF COUNTY
Courts of Collier County, Florida COMMISSIONERS OF COLLIER
COUNTY, FLORIDA
By: By:
Deputy Clerk DONNA FIALA, Chairman
Date: Datc:
Approved as to form and legal sufficiency:
Jacqueline Williams Hubbard
Assistant County Attorney
Agenda Item 16K1
June 8, 2004
9 of ~
.-
EXECUTIVE SUMMARY
Approve Agreed Order and Authorize Payment of Planning Fees for Parcel 123
in the Lawsuit Styled Collier County v. Anthony F. Jancigar, Trustee, et. al., Case
No. OO-&142-CA (Pine Ridge Road Project #60111).
OBJECTIVE: That the Board of County Commissioners approve the Agreed Order and authorize
payment of planning fees with respect to Parcel 123 in the lawsuit styled Collier County v. Anthony
F. Jancigar, Trustee, et ai., Case No. 00-0142-CA.
CONSIDERATIONS: On April 6, 2000, an Order of Taking was entered in Collier County
Circuit Court regarding the acquisition of Parcel 123 for the Pine Ridge Road project (Project No.
60111). On April 27, 2000, Collier County deposited with the Registry of the Court the sum of
$353,800.00 for Parcel 123 thereby vesting title in the Parcel in Collier County.
On January 20, 2004, a Stipulated Final Judgment was entered whereby the property owner was
fully and fairly compensated for the property interests taken in the amount of $362,660.00. The
County is now required to pay the reasonable costs of the property owner pursuant to Section
"~ 73.091, F.S. Through negotiations, the property owner's expert has agreed to accept the sum of
$8896.15 [or planning fees [or Parcel 123. The County's outside counsel has prepared an Agreed
Order, a copy of which is attached as Exhibit "A".
FISCAL IMPACT: Funds in the amount of $8896.15 are available from the Transportation
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 approve the Agreed Order
and authorize payment of $8896.15 to the Cardillo Keith and Bonaquist Trust Account on behalf of
the property owner for planning fees for Parcel 123.
-
Agenda Item No. 16K2
June 8, 2004
1 of 5
""'---" .."..,.,.......-,-..
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONeRS
Item Number 15K2
Item Summary ApprOYEl Agli~E;d Ordf:f ar.d Authc:riz!l Payment of Piarming FE!es for ParcHI 1 ~?3
in the Lawsuit StyiE!d Ccllier Cour.ty v. Anthony F. Jar.cigar, Tn;stne, et. ai,
Case No. 00-0142-CA (Pine Ridge Read Project #6(111).
Meeting Date 6113/2004 9:00:00 AM
Prepared By
Heidi F, Ashton Assis\>?:nt County AttOl'tley D~t~
Count~l' Managfir's Office County Attr.'rriey O'ffice 5!11!2004 10:03:05 AM
Approved By
Usa Taylor Management/Budget Analyst Date
Transportion SE>rvice5 Transportation Administration !i118!20U4 3:42 PM
Approved By
Sharon Newm"n Accounting SlJpl!rvis~r D at.,
Transpr,rtjon Ser..icl!s TranspC'Jrt,1tion Administration 5118!2U04 7:11 PM
Approved By
l<.twin Hrmdrlcy.s Rigt,l Of W.~y Acquisition M;m<':ger Oatil
Transportion SE>rvice5 T ransp()ft.~ti,)n Ef'ginetlring and !iWl!20U4 1: 13 PM
.,- Constnlclion
Approved By
Gregg R. Strailaluse Transportation EngineE>ringi
Construction Mgmt Director O<':te
Transportion Stlr;;kes Transportation Engineering .md
Construction 5!Z5!2iiM 2:5Z PM
Approved By
Noml E. FedM, Aiel' Transp"rt,1tion Di'..isien Administrat(',r D at.,
Transpr,rtiol1 Seriicl!s Transpr,rt,1ti"n Services Admin. 512fil20U4 '\';:17 AM
Approved By
David C, Wfj;gel C..llmty AtlomfjY Oate
County Mar'l8ger's Off;..~tl County AtlomfjY Of'fiCtl 5!Z812iiM 4:06 PM
Approved By
Pat LfihniK\rd A..imil1istrative Assist>?:nt Date
County Manager's Office Ofike of Management & Bl:dget 6!1!2004 8:55 AM
Approved By
Michael Smykowski ManagE>ment & Budget Director Date
County Manager's Office Office of Management 8. Budget fi!1!2004 '1U:21 AM
,...-. A pproved By
Le" E. Ochs, Jr. O'1PUty County Manager O"t",
Beard "f County
County Manager's Offi;,;e ~11120'ft 11'1~M
Commissioners Agenda tern o. 1 ~
JUlIe B, 2064
20f5
.- -- <.--... ..~~_.-. --
IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT, IN
AND FOR COLLIER COUNTY, FLORIDA
COLLIER COUNTY, FLORIDA, a
political subdivision of the state of Florida,
CASE NO.: OQ-0142-CA
Petitioner,
PARCEL: 123
vs.
ANTHONY F. JA.t~CIGAR, AS TRUSTEE
Under That Certain Unrecorded Trust Agreement
88-429-1, et al.
Respondents.
AGREED ORDER
THIS CAUSE, having corne before the Court upon joint motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through its undcrsigned counsel, and Rcspondent.
RICHARD C. MYERS, TRUSTEE, by and through its undersigned counsel, for entry of an
Agreed Order, and the Court, being fully advised in the premises, it is hereby
ORDERED AND ADJUDGED that Respondent, RICHARD C. MYERS, TRUSTEE,
shall receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of EIGHT
THOUSAND EIGHT HUNDRED NINETY SIX A~1) 15/100 DOLLARS ($8,896.15) for
land planning fees [or the services of Timothy Hancock incurred in connection with Parcel 123.
and it is further
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the sum of
EIGHT THOUSAJ\1) EIGHT HUNDRED NINETY SIX AND 151100 DOLLARS
($8,896.15) to Cardillo, Keith and Bonaquist, P.A. Trust Account, c/o John P. Cardillo, Esquire,
Agenda Item No. 16K2
1 June 8, 2004
3 of 5
-
Cardillo, Keith and Bonaquist, P.A., 3550 East Tamiami Trail, Naples, Florida 34112-4999 for
land planning fees and costs for Parcel 123.
DONE AND ORDERED this day of , 2004 in Naples, Collier
County, Florida.
HONORABLE TED BROUSSEAU
CIRCUIT COURT JUDGE
Conformed copies to:
Heidi Ashton, Esquire
John P. Cardillo, Esquire
Craig B. Willis, Esquire
E. Glenn Tucker, Esquire
Bookkeeping
-
Agenda Item No. 16K2
2 June 8, 2004
4 of 5
.._* .--,.--.-"
JOINT MOTION
The Parties, by and through their undersigned attorneys, hereby move for entry of the
foregoing Agreed Order as to Parcel 123.
Dated: Dated:
John P. Cardillo, Esquire Craig B. Willis, Esquire
Florida Bar No. 0146078 Florida Bar No. 0257656
Cardillo, Keith and Bonaquist, P.A. Fixel, Maguire & Willis
3550 East Tamiami Trail 211 South Gadsden Street
Naples, Florida 34112-4999 Tallahassee, FL 32301
Attorney for Respondent Attorney for Petitioner
Agenda Item No. 16K2
3 June 8, 2004
5 of 5
.- EXECUTIVE SUMMARY
Authorize the making of an Offer of Judgment to Respondents, Rufus F.
Duff and Carolyn H. Duff, for Parcel No. 130 in the amount of $16,300 in the
lawsuit styled Collier County v. North Naples Fire Control & Rescue District,
et al., Case No. 02-1702-CA (Goodlette Road Project 60134).
OBJECTIVE: To' approve and authorize the making of an Offer of Judgment pursuant to
Section 73.032, Fla. Stat., to Respondents, Rufus F. Duff and Carolyn H. Duff ("Respondents"),
in the amount of $16,300.00, as full compensation, excepting interest, attorney's fees and costs,
for the fee simple acquisition arising out of the condemnation of Parcel No. 130 in Collier
County v. North Naples Fire Control & Rescue District, et al., Case No. 02-1702-CA.
CONSIDERATIONS: On October 8, 2002, an Amended Stipulated Order of Taking was
entered in Collier County Circuit Court regarding the acquisition of Parcel 130 for the Goodlette
Road Project (Project No. 60134). On September 19, 2002, Collier County deposited with the
Registry of the Court the sum of $14,160.00 for Parcel 130 in accordance with the Amended
Stipulated Order of Taking.
The Offer of Judgment, a copy of which is attached, offers the property owners the sum of
$16,300.00 as full compensation for the property taken, including interest, any severance
damages, business damages, damages to the remainder and costs to cure, but does not include
- interest, attorney's fees and other such costs. 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 $2,240.00 (includes $100 Clerk Fee) 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 $16,300.00 for Parcel 130, 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 amount of $2,240.00 (includes $100 Clerk Fee) 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:
1. Approve the terms of the Offer of Judgment and authorize its service on Respondent;
2. Approve the expenditure of funds as stated, if the offer is accepted;
-
3. Approve Stipulated Final Judgment based on an acceptance of the Offer of Judgment, and
authorize payment accordingly. Agenda Item No. 16K3
June 8, 2004
1 of 5
~~-_..-..._.- ",..,__.._'IIl""""'",."..,.."..... _..,...'--..,.,........"....,.,."", ...,",''''..........._""~,,'',,.-
COLLIER COUNTY
SOARD OF COUNTY COMMISSIONERS
-
Item Number 16K3
Item Summary 1\:Jthon?:e th.-, m3kin') c! an 01ter .Jf .Jud-;;mcnllo Respr,nd.-,n;s. RUfUS F. Duff
and Carolyn H. Duff. f.:;r P;,roll No. 13n in the Cl:11(:.unt ~jf $ :t;,3GO in Uh1 !;r,,;;suit
~.tylad c.om~.~r CCI;r:ty v NGrth Naples F:ra: (;ontr(;: & RBSGU~ O:stn(.t. At ..~I.. Ca~.~
N,;. C;2-':702-CA (G,x:diett.. R'-'i'1d Pr.-,).-,.:;t 60'i14).
Meeting Date 6/8/2DG4 9:00'00 A~Jt
Prepared By
J"n,,,, C. Clapp"" L"g~II>.~$ist<1nt Dati>
County M~n~!Oi,:.t~ Off~I:~ CNmt'l Attcmey Offlce 5!Z&'2C04 2;1~:;j1 PM
Approved B)'
G!~!Hi R. 5tr4:liicahJs~ Trc1~~p!lf't~ti:')ll Eflgin(;!~rh1gJ Date
CUllstru,;t;r,;rl My",~ Oi,..,;te,
Transpo.rtior: 5er...!I:€:-s r f.r;~PQr!1s'l~n Enginl!U;ln!'J~~ 1sncl 5f2~/2004 5;u:; PM
Constn.tcticn
Approved By
$tmrcn Nt~\Ymi5n I').cecunt.og ~;up~rvl~or I)"t..
Transj)l>rt:cn S~rv;t:~s :r~n:!;p~,.t~th)n At!m:~dstratiCo!' 5127;2004 e:u4 PM
Approved By
EJ:er: r. C~.:;~:1wcll A5-5~!itul1t Coul1ty Attom<-y Dati>
COi;nty MqF.qg..~;J:;. Off;r;~ Co,m!)' jl.l:tornllY C>ffic:.. ~i?~:ZOll4 ;U5 PM
Appro\'ed By
Nf;:m E. :::~cl*~'t Ale:> !rOcH;~p()rt1!l!j'!',)n Djvh,:.:on Admjui!;t.r~tl'H' O"t..
Tr~{i!l;f;crttCon S~r'l:ce-:; T (3nSport.::tj(Jn Se:'\til.:es Ad<<,l!,. 5!2e!2C04 3.40 PM
..\pproved By
u~~ j~J{!or Mana~':'rni>nt!e,,::Igi>t Ana'yst Pate
Of rm'lSpcrtJr,F. ~if!(\riC:lI':$ rr~r:~p~r--wticn Ar.bTi.Fi.St.;-~tk:n 5!:lH:'2UO': ?:'..~,;l ~M
Approved By
Lc;rr;,;~~ L~~b; l'ii<;lIt Of W"y C;>"rcli""t.e'. Date
Tr~ns;>Qort;cr~ S~r"!t:~s TECM.ROW 5128,'20Q4 ~:uJ. PM
Appro\'ed By
David C. Weigel C(lunr-, At!orl1c). Dat~
C(';;;.~ty M.m~gq:J~ OfficEJ Cuunty At~;>rn"y omc:e 5~t:ZQ()4 4.n~ PM
Approved By
P",t tell,,!:,;,..! A<.lll1inistr",tj".. Assist;,,,t O"t..
CCt:nty Manar,er's Office Offl~~ I>f Management & U\i.:lget G!1r.10041l:5Z AM
Approved By
Mi~":'lej Srnylmwski f,la""Ii,m"H1t.l< l~\ld9"t Elirc,,;f.(lr I)"t..
CCI.:="ty M~n~s*!'* Off:ce om".. ,;1 M"""y..",.."t 8:. Buu\l"t &!1I7.(;0,: 10:0~ AM
Approved By
Lee E. Och-:;, Jr. O!!'~!Jty County ManaQ~r Dati>
.- Board cfC"..",ty COUrlty M"llll(JIl"!,; <ifti~...
Cr;fT.n~:ssjJ)F...~rs 1;!tri.1;(1-: 11'1e AM
Agenda Item No. 16K3
June 8, 2004
2 of 5
>.~_. --..>"-",. IU -,--.".,
--""-., -- ~~ -
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. 02-1702-CA
v. Parcel No.: 130
NORTH NAPLES FIRE CONTROL
& RESCUE DISTRICT, ct a!.,
Respondents.
/
OFFER OF JUDGMENT
TO: Rufus F. Duff and Carolyn H. Duff
C/o Robcrt E. Doyle, Jr., Esq.
and Ka'irni Lani Jones, Esq.
QUARLES & BRADY, LLP
1395 Panther Lane, Ste. 300
Naples, FL 34109
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, RUFUS F. DUFF and CAROL YN H. DUFF ("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 130,
in the total amount of Sixteen Thousand Three Hundred and No/100 Dollars ($16,300.00),
for Parcel 130, which includes the amount of $14,160.00, which was deposited pursuant to the
Amended Stipulated Order of Taking dated October 8, 2002.
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. 16K3
June 8, 2004
3 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 Respondents' review upon reasonable notice
of such a request.
Dated this _ day of ,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 bccn fumishcd via U.S. Mail to Robcrt E. Doyle, Jr., Esq. and Ka'irni Lani Joncs, Esq., 1395
Panther Lane, Ste. 300, Naples, FL 34109 on this _ day of ,2004.
ELLEN T. CHADWELL, ESQUIRE
-
Agenda Item No. 16K3
June 8, 2004
4 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. 02-1702-CA
v. Parcel No.: 130
NORTH NAPLES FIRE CONTROL
& RESCUE DISTRICT, et aI.,
Respondents.
I
NOTICE OF SERVICE OF PETITIO~ER'S OFFER OF JUDGMENT
Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned attorney,
hereby gives notice of serving Petitioner's Offer of Judgment to the Respondents, RUFUS F.
DUFF and CAROLYN H. DUFF, as to Parcel 130 in the above-styled cause.
Y HEREBY CERTIFY that a true and correct copy of the foregoing Notice of Service of
Petitioner's Offer of Judgment has been furnished via regular U.S. Mail to Robert E. Doyle, Jr.,
Esq. and Ka'imi Lani Jones, Esq., 1395 Panther Lane, Ste. 300, Naples, FL 34109, David
Diamond, 218 Ridge Dr., Naples, FL 34108, Wells Fargo Home Mortgage, 1 Home Campus,
Des Moines, IA 50328, and E. Glenn Tucker, Esq., RHODES, TUCKER & GARRETSON, P.O.
Box 887, Marco Island, FL 34146 on this _ day of ,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
Florida Bar No. 0983860
At~gJriJ8rl~w,rwo~~gV<3
June 8, 2004
5 of 5
,---
EXECUTIVE SUMMARY
Approve the Agreed Order A warding Costs as to Parcel 167 A in the lawsuit
styled Collier County v. Andy R. Morgan, et al., Case No. 02.5169.CA,
Immokalee Road Project 60018 (total cost of $6,512.42).
OBJECTIVE: That the Board of County Commissioners approve the Agreed Order Awarding
Costs for expert planning and appraisal fees incurred in defense of the fee simple acquisition of
Parcel 167A for the Irnmokalee Road Project in the lawsuit styled Collier Count)' v. Andy R.
Morgan, et ai., Case No. 02-5169-CA.
CONSIDERATIONS: On May 13,2003, an Order of Taking was entered in Collier County
Circuit Court regarding the fee simple acquisition of Parcel 167 A for the Immokalee Road
project (Project No. 60018). On May 23, 2003, Collier County deposited into the Court Registry
the sum of $96,700.00 for Parcel 167A in accordance with the Order of Taking.
On April 29, 2004, a Stipulated Final Judgment was entered in accordance with a Mediated
Settlement Agreement, providing that $115,000 to be paid to Respondent, Alice K. Andersen, as
full compensation for the property rights taken as to Parcel 167 A. Pursuant to ~73.091, Fla.
- Stat., the property owner is entitled to all reasonable and necessary costs incurred in defense of
the eminent domain proceeding. Through negotiations, the property owner has accepted the
County's offcr of $6,512.42 for both appraisal and planning cxpcrt witncss fccs.
Staff has reviewed the County's obligations stated in the Agreed Order Awarding Costs and
considers them to be reasonable.
FISCAL IMPACT: Funds in the amount of $6,512.42 are available in the FY 04 adopted
budget. Source of funds are Gas Taxes and/or Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the Agreed Order Awarding Costs;
2. Approve the expenditure of funds as stated; and
3. Dircct staff to pay the sum of $6,512.42 to the Roctzcl & Andrcss Trust Account.
-
Agenda Item No. 16K4
June 8, 2004
1 of 4
--., --- ..,--"--,..--,,.,..,," """""_,,,-,,,,-",'''",,,,,,,,,,,,~'"''''''',.."
. "."".".._"_.,, ""...--..
COLLIER COUNTY
SOARD OF COUNTY COMMISSIONF..RS
.-
Item Number 16;(4
Item Summary Apprr..v" ~~'" Agr""o Order AWilrding Costs 3S to Parcel ';6i"1\ in 1M k1'Wsuit
f:t)d~d CoHi~1r {~Cl.:r:t"l'./" I~.r:dy R. ~JiCJrg~n: et ;:1., CClse No. 02.51fj~:i-CA.
!mmr..kC!lee RO<ld Froject ik1018 {total cost o~ $l~.512.42).
Meeting Date 6/8,'2Gn4 ~~:\jO:OO ,:\1\;1
Prepared By
J<<ffrt>y C. C'apper L"1llil1 As...ishmt OlolUl
C<>';'1t'l v,"""g;;r'" <)ff,.;" G"unty -"\t(lrn"y Officp. ~1'?f.!Znl)4 :;;2~;2:! PM
Approved By
Gr~Y\i R. Str;;i<allJs<o rri}rl~t:o.:jrt2:I:)n Engineering!
Cum:trur;tirm Mil"': O:r~<..1(,l' Datp.
Trcmsportton Scr';;l: ~s or ,..n:;SPQ~'!:Jt;~n En9in~arint~ ~nd 5126/20045:05 PM
Construction
Approved By
ShiX;,on N~wmnfl ACCn~jHt~ng $ltp~r\!;~nf Date
Transpt>r"t:or: S~I"V;t:~S Tr~~~~-:'{~c:H:"Hl Adm:r::strCltiO!' !:if21,'ZG04 ~:{:::: PM
Approved By
Norm E. FEdEr, AICP Tf,m~p-:'rtat;on !:li"l~;.:,n Adminlstrater O&te
l"ran!/:;j>fJortior: Sf}rv:c;~~ 'rrQr:"pvrt~tj!}Sl $~:vic:(?~ Admi:1. ~j?$fZnil4 :U 1 PM
Approved By
.- E;:e~!. Ch9dw~n A:;:;:stJ>"t Co""l;r Attmn";r D1<l"
Ccuniy Manal<e,'s ome14 Co:mty At:orn<:y Off;c" Slltl2004 2.35 PM
Approved By
Usa Tay:or Manu~-:'mtJont!eudg~t Ana!yst !:late
T:ans:pl'!o!"tJCn $~rv;ces rr~!"!~.p'!)l':.o~h,H' Adm::~;4tn.~tt~!'1 5f25;2001~ 2:.:~6 F'M
Approved By
lcn'~;~* Lanb: RiQM Of Way Cucmi"al(,l:' Date
Trans;lorttOn SerV!r.; C>$ TECM.ROW 5!Z8!Z!104 ;\;21 PM
Approved By
()a...id l;. Weigel ;;""nty -"l;t(lrn"y [lat"
Cr;U:lty M~n.Siq,;;'~ Off:cf6 Cu"nty At:om<oy Officll S~e!;?nIl4 4.11 PM
Approved By
F ~t L<:hnloar d Adllli01istl'~ti..~ Assl!>taflt Oat<<
Ceunty Mana"er's Office om.:" of Management & Budget 61112004 $;57 AM
Approved By
Mi!:h:'J~: Srr~~{k~'lNski AAar'ag"rf'''r:~ & i~..d!l"t [lifl';,;t(lf Date
CCl:nty M/!r:<':S.....'1 Off;t:e om;,;" <if Ma"ay~rn<om & B..dg"t &!112,,0.\ 10:11 AM
Approved By
L140 E. {)clos_ J~. D~j:Jutl' County M<lIl<l9"1' O<lt"
Sl><ll'd cf CCUflt)'
C(;uml;~~i(;nC;;irs: Co:ml:i "';,"a(l"f'" (;fficp. l;11fl.iiO" ?;~:r S'M
.-
Agenda Item No. 16K4
June 8, 2004
20f4
._--, --"'--. - - ...-.._-~~-~_..
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.: 167A
vs.
ANDY R. MORGAN, et al.
Respondents.
I
AGREED ORDER A\VARDING COSTS
AS TO PARCEL 167A
THIS MATTER, having come before the court upon Joint Motion by the Petitioner, by
and through its undersigned counsel, and Respondent, ALICE K. ANDERSEN, by and through
her undersigned counsel, and the Court having been fully advised in the premises thereof, it is
ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall
pay a total of One Thousand Five Hundred Si~ty-two and 42/100 Dollars ($1,562.42) for
planning and engineering review services with respect to Parcel 167 A; it is further
ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall
pay a total of Four Thousand Nine Hundred Fifty and NollOO Dollars ($4,950.00) for
appraisal fees with respect to Parcel 167 A; it is further
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay the total amount
of Six Thousand Five Hundred Twelve and 42/100 Dollars ($6,512.42) to ROE1ZEL &
ANDRESS TRUST ACCOUNT, c/o Kenneth A. Jones, Esquire, Roetzel & Andress, 2320 First
Agenda Item No. 16K4
June 8, 2004
1 30f4
.-
.. .
Street, Suite 1000, Fort Myers, FL 33901. Except as provided herein, no costs shall be awarded
in connection with the above-styled cause of action as it relates to Parcel No. 167A.
DONE AND ORDERED in Naples, Collier County, Florida, this day of May,
2004.
TED BROUSSEAU
Circuit Court Judge
Confonned copies to:
---.. - .. ~ --- .--. .-_. .._----. -. _. ~. ---.--... - ~ - -..
Ellen T. Chadwell, Esq.
Kermeth A. Jones, Esq.
Paul A. Murray, P.A.
Comcast Cable Vision of the South, Inc.
Bookkeeping
.-
JOINT MOTION FOR AGREED ORDER AWARDING COSTS
AS TO PARCEL 167A
The Parties hereby respectfully request this Court to enter the foregoing Agreed Order
A warding Costs and stipulate that this Joint Motion shall supercede and replace Respondent's
Motion to Tax Costs.
Dated: '39..00 Dated: ~. J.5;. ~ o. t
~k~
A.JONES, ESQUIRE ELLEN T. CHADWELL, ESQUIRE
arNo.: 0200158 Florida Bar No.: 0983860
ROET L & ANDRESS OFFICE OF TIlE COUNTY A TIORNEY
2320 F rst Street, Suite 1000 Hannon Turner Building
Fort Myers, Florida 33901 3301 East Tamiami Trail
(239) 337-3850 - Telephone Naples, Florida 34112
(239) 337-0970 - Facsimile (239) 774-8400 - Telephone
ATTORNEY FOR RESPONDENT (239) 774-0225 - Facsimile
ALICE K. ANDERSEN ATTORNEY FOR PETITIONER
.-
2 Agenda Item No. 16K4
June 8, 2004
4 of 4
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.-- Executive Summary
Approve the Stipulated Final Judgment relative to the fee simple acquisition
of Parcel 147 in the lawsuit styled Collier County v. Ziad Shah la, et al., Case
No. 04-600-CA (Vanderbilt Beach Rd. Project 63051).
OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final
Judgment as full and final compensation to be paid for the fee simple acquisition of Parcel 147
for the Vanderbilt Beach Road Project in the lawsuit entitled Collier County v. Ziad Shahla, et
aI., Case No. 04-6oo-CA.
CONSIDERATIONS: A Petition in Eminent Domain and Declaration of Taking were filed on
February 5, 2004 for the condemnation of fee simple interests, including Parcel 147, for the
expansion of Vanderbilt Beach Road. A valid appraisal [or Parcel 147 has been obtained for
valuation of the full compensation due the owner of Parcel 147, Rosa Aguilar. This amount is
$10,400.00. The County would be required to deposit this amount into the registry of the court
in the event an Order of Taking is obtained.
TIrrough negotiations, the parties have reached a settlement agreement whereby the property
owncr, Rosa Aguilar, will stipulatc to thc cntry of an order of taking and bc fully and fairly
compensated for taking of Parcel 147. The Stipulated Final Judgment provides that the property
owner receive $12,400.00 as full compensation and $660.00 as a reasonable attorney's fee.
-
The Stipulated Final Judgment as to Parcel 147 provides that an additional Two Thousand Six
Hundred Sixty and NollOO Dollars ($2,660.00) will be deposited into the Registry of the Court
and be paid to Rosa Aguilar as full compensation for the property rights taken as to Parcel 147
and attorney's fees. No other attorney fees or costs are due the property owner.
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 $ 13,160.00 (includes $100 Clerk fee) will come
from Transportation Supported Gas Tax and Impact Fees. Source of funds are Gas Taxes and
Impact Fees.
GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth
Management Plan.
RECOMMENDATION: That the Board of County Commissioners:
1. approve the Stipulated Final Judgment;
2. approve the expenditure of the funds as stated; and
3. direct staff to deposit the sums into the Registry of the Court in accordance with
- the Stipulated Final Judgment, after entry of an Order of Taking.
Agenda Item No. 16K5
1 June 8, 2004
1 of 6
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONF..RS
-
Item Number 16Kli
Item Summary Apprevf: !r,,) Stipul<ltl)cl Final .Judgment r,),,,,IVI) le!he fee simple <lcqu!s~i"n cf
Parcel 14'1 in Ir..r, !awsuit sty!ed Ccll;r:r County II. Zhd Sr,ahla. et ai., Case Nl1.
04-l~OO.CA {V3:1d~rbiit Beach Rd. Prc.l~1C1 fj3051}.
Meeting Date 6/3.'2004 9:00:00 AM
Prepared By
J<tffr,,)' C. Clapper l~l At,$j$\iomt O",t.>
(;f>l;'1t'jll:"r'''lip'" O!f'r;" ':ollnty J,l;tcrn,,)' Off!ce !iiZt.IZCll4 :;:(.'USl PM
Approved By
Gr<t!:lli R. Strllj",h;r;<t T'raF!Si='(lriztjon Engineer.ng! DOlt"
Cuu$truf...iiori Mym=. O:f,.f...1'Ct
Trallsportion Ser.-!c es T rq'~::JPQrt!btkJH Ensine~r:f'lf~ ~fJd 5!::ef1004 5;OU PM
Constn.lcticn
Approved B}'
ShcU'!)f'l NC1WfH;'1!J Accnw'Jt~ng SLtpP.t'Y'iS(Jf DOlt"
T:'~nSi;>t>rt:cn St}I"y;t:~Si rr~n::;p~{~tlQn Aclm:r~:st:'cltio!"l Sl2"!;100~ ~:C~ PM
Approved By
Norm E. ;:eder, AICP rr;;;r;s~'Nt2t;oll Divlc.!.:.n Ad",illlstr<ltcr Oat"
rr~nspf);1:i~n am-y;cf.:-s "!r:.;.r.~p.Qrt~t:!>n $(?:vi<:e; I'^,rl~:n. !ii?t.I?C1l4 :;:~! PM
Appro,'ed By
- F.J:p.n T. Chodw~n k.sir;t;,nt C!)""t;r Att<H"";r Or.tQ
Cc""t)l Ma"a!<",:'s OffiCI< COUl1ty Altorfif:y Offit:t1o 5128.'20042.3; PM
Approved By
U~a Taylor Mi>r;i>~':-m':-nt!8"dQ"t Analyst Date
Tr<<tl$pcrt;cr: $~rvkp.s; TrA~Sp!),.:.o:.i:)n Adrr::r;:~ti"aticn 5/25t2GO,~ 2:~~S F'M
Approved B)'
lc;l"";~* L~~t..t Ri9M Of Wr.,/ Cocrrlim,lc:' DOlt"
Tr<]:1sportior: Scrv;ct}s rECM..ROW !i12~:Z004 :3:19 PM
Appro,'ed By
Of<\'i<'II~.W"ig,,1 County ~l;tcr",,)' Of<t"
Cr;;;:lty Mor.ag;~;'~ Off:e;", Cuunty Attorn",! Offic" !iiZtlZllll4 4.1:\ PM
Approved By
P"t LI<lmhard Adll1l11lstr"n..o Assi<.;t..nt o..tl<
Cc""ty Manager's Off!ce Offi~~ of Mi>Ii>Qe",,,"t 3. E3ii,:1get 6111:<<;04 tl:5':l AM
Approved By
M,,,_'Jlle, Smybwski l,br"Ii;.'fT"~r't & Budg<,t (lirt'~cr Date
CCH:nty M~r:~se!"~ Offk:~ ameli <;f M"""!:IQItIQ"t & B"d\lM 6f1!7.!io-! 10:13 AM
Approved By
l~o E. C<;hst "..:!. Oo="uty County MallQ9"r Oat.>
Board cf ell-unt)" <:OlJIIl:i Mf<nf<!l"f'" (1#;<:"
C<;m",.:,;r;i",'..rs 1;11rl.!;(I4 Z:M PM
-'.
Agenda Item No, 16K5
June 8, 2004
20f6
-.""-"---- -<,.. .,~,,~ ..-
IN THE IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a
political subdivision of the State of Florida,
Petitioner, Case No. 04-600-CA
v. Parcel No. 147
ZIAD SHAHLA, et aI.,
Respondents.
/
STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, by
and through its undersigned counsel, and Respondent, ROSA AGUILAR, by and through her
undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel No. 147, 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 to the Respondent, ROSA
AGUILAR, and the Court being otherwise fully advised in the premises thereof, it is thereupon
ORDERED AND ADJUDGED that Respondent, ROSA AGUILAR, have and recover
from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Twelve Thousand Four
Hundred and 00/100 Dollars ($12,400.00) for Parcel No. 147 as full payment for the property
interests taken and for damages resulting to the remainder, if less than the entire property was
taken, business damages, and for all other damages in connection with said parcel; it is further
ORDERED that attorneys' fees in the amount of $660.00 shall be awarded in connection
with the above cause of action as it relates to Parcel No. 147; it is further
Agenda Item No. 16K5
June 8, 2004
30f6
.-
ORDERED that no other costs, including expert appraisal fees, should be awarded in
connection with the above-cause of action as it relates to Parcel No. 147; it is further
ORDERED that the Petitioner shall deposit into the Court Registry an additional amount
of Two Thousand Six Hundred Sixty and 001100 Dollars ($2,660.00); it is furthcr
ORDERED that the Clerk of Court shall disburse the total amount of Six Hundred Sixty
and 00/100 Dollars ($660.00) to Antonio Faga, Esquire, 7955 Airport Road, N., Suite 101,
Naples, Florida 34109, for attorneys' fees pursuant to Section 73.092, Florida Statutes; it is
further
ORDERED that the Court reserves jurisdiction to apportion and disburse the award of
Twelve Thousand Four Hundred and 00/100 Dollars ($12,400.00) referred to above; it is
further
.- ORDERED that title to Parcel No. 147 is fee simple, being fully described in Exhibit "An
attached hereto and incorporated herein, which vested in Petitioner pursuant to the Stipulated
Order of Taking dated June 29,2004, and the deposit of money heretofore made, are approved,
ratitied, and confirmed; it is further
ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in
Official Record Book 3497, Page 936 of the Public Records of Collier County, Florida be
dismissed as to Parcel No. 147; 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
-
Agenda Item No. 16K5
2 June 8, 2004
4of6
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DONE AND ORDERED in Chambers at the Collier County Courthouse at Naples.
Collier County, Florida on this _ day of .2004.
TED BROUSSEAU
CIRCUIT COURT JUDGE
Conformed Copies:
Ellen T. Chadwell, Esq.
Antonio Fags, '&q.
E. Glenn Tucker. Esq.
Mortgage Electronic Registration Systems, Inc.
Bookkeeping
JOINT MOTION FOR STIPULA TED FINAL .JUDGMENT
The Parties hereby stipulate and respectfully request this Court to enter the foregoing
Stipulated Final Judgment as to Parce1147.
,2004. Dated thiS~ day Of~ 2004.
~V~
OFA A ELLEN T. CHADWELL, ESQUIRE
Law Office 0 Florida Bar No. 0983860
7955 Airport Road No COUNfY ATTORNEY'S OFF1CE
Suite 101 Harmon Turner Building
Naples, Florida 34109 . 3301 East Tamiami Trail
(239) 597-9999 - Telephone Naples, Florida 34112
(239) :597-9974 - Facsimile (239) 774-8400 - Telephone
Florida Bar No. If 3 'L '? 0 (239) 774-0225 - Facsimile
Attorney for Respondent Attorney for Petitioner
3 Agenda Item No. 16K5
June 8, 2004
50f6
"-.
_.----
EXHIBIT
. , I A
FEE SIMPlE
INTEREST
ROAD J N 100
VANDERBIL T BEACH
EXISTING 170' ROW
~ 30' ORAIN~ - ~
- ------
0 40' 80' 120'
SCALE: 1" - BO'
Notes:
~m" 60 1. ThIs Is not a survey.
;-.. ;"
co en
.- ui n 2. BasIs of bearing Is'
l"- I"- the South Hne of
a:l 10
Vanderbilt Beach Road
~ ~ bei1'lg S B9'54'03" E,
. .
a 0 Florida State Planll
'" '" Coordinates NAD 83/90,
r r East Zon..
a 8
0
VI VI 3. SubJect to
easements. reservatlons
and restrictions of
record.
4. Easement. shown
hereon lIl"e per plot,
unless otherwise noted.
5. ROW represents RIght
of Way.
DESCRIPTION: 15. Portion of Section 4,
The Northerly 40.00 f.llt of Thl! Eost 150 Township 4.9 South,
Range 26 East.
feet of Tract 60, Goldl!n Gote Eetotes. UnIt
95, as recorded In Plat. Book 9. Page 45,
of the Public Records of Callier County,
FlorIda.
ContaIning 6000.31 square feet or 0:138- -.-
- 'tIt:n!S "'J'TTm'ti"or tn'!:---' . .
,
VISED P AIlCEI.. 04/H/OJ
HHO.I eooesr 'MCIL 11IO. I U7 .....
Wi/.Mllle," ....
&IC5Ta-I >>D CI!!lI!ICIIrTIC
... ................... ~ . ~....... ......... ~
----= "" ..'" ,.....
_. _......._._.- ....
-~..... .....,.. --.... ..........,.............. ......- I:V2OClI - tL-:J72
!'to aot~ - Dt4I4oU HI..N"lR[UCt'S\R\t4224\.VANDl"\IU72'-L""O ~
Agenda Item No. 16K5
4 June 8, 2004
6of6
r '-"- .-
- EXECUl'IVE SUMMARY
Request by the Housing Finance Authority of Collier County for approval of resolution
authorizing the Authority to issue multi-family bousing revenue bonds to be used to finance a
qualifying apartment project.
OBIECfIVE:
To accomplish the necessary approvals to authorize a proposed multi-family revenue bond
issue by the Housing Finance Authority to be utilized for financing a qualified apartment project.
CONSIDERATIONS:
The Richman Group of Florida, a large developer of affordabLe housing units, has applied
to the Housing Finance Authority for the issuance of tax-exempt bonds to finance the construction
of a qualifying multifamily project. The project is located on the south side of Immokallee Road
immediately west of 1-75, and consists of 276 units. The Board has approved the land use on the
project by the approval of a PUD on May 25, 2004, and on that same date also approved a density
bonus agreement.
On May 26, 2004, the Authority held a public hearing on the financing application. The
developer bad ftled a detailed financing application, and presented the project to rhe Authority.
The bonds will be secured by a direct-pay letter of credit to be issued by Citibank. and will carry
a "AA" rating. No members of the public commented, either before or at the meeting. At the
conclusion of the meeting, the Authority adopted its resolution preliminarily approving the
issuance of the bonds, subject to the presentation of acceptable financing agreements, and the
- receipt of an allocation of state private activity volume cap.
In addition to Aurhority approval, federal tax law requires that the County
Commission, as the local governing body. must also approve the issuance of the tax-exempt bonds.
This does not have to be a specially advertised hearing. but must be done at a regularly noticed
and held meeting. A Resolution for the Board to adopt is attached.
As are all revenue bonds of this type, the bonds are based on revenues of the project and
are not obligations of the County, therefore there is no pledge of any taxes, nor a pledge of any
revenues except the revenues of the project. Neilher the County, the Board, nor any officer of the
County is liable for their payment. Further, the ResoLution expressly provides that this approval
by the Board does not abrogate any County regulations, including land use regulations.
FISCAL IMPACf: There is no adverse fiscal impact from the issuance of these bonds. This
program does not require any contribution from the Board of County Commissioners or any other
-
Agenda Item No. 16K6
June 8, 2004
1 of 1 0
~~-_.~ ~"".~.,,~."..,- ~-~.-",,,,,-.,,-,,-.,--,,"..,.=.~,<. --.-..-..-...",..."<."-,,..",,,
County agency. These bonds are not liabilities of the County, and the County is not liable for
payment in any way. The issuance of these Bonds will have no impact on the ability of the County
to issue "bank qualified" debt. On the other hand, the provision of adequate affordable and work-
force housing does have a positive fiscal impact on the community.
GROWTH MANAGEMENT IMPACT: The adoption of the attached resolution will have no
adverse growth management impact. On the other hand, it will assist in providing affordable
housing in Collier County, and the County is committed to assist in the creation of affordable
housing by its Growth Management Plan. Note that the Board Resolution specifically provides
that the approval of the bond issue by the Authority does not abrogate any County regulations
including but not limited to the Growth Management Plan, the Land Development Code and all
concurrency regulations.
RECOMMENDATION:
That the Board of County Commissioners adopt the attacbed resolution.
~
Donald A. Piclcworth, Counsel
Housing Finance Authority of Collier COUllty
Approvol by' ~
~~C~ .
,..,."'.'''- David C. Weigel, County ttomey
-2-
-
Agenda Item No. 16K6
June 8, 2004
2 of 1 0
-.
(--- COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number 16K6
Item Summary Request by the Housing Finance Authority of Collier County for Approval of
Resolution Authorizing the Authority to Issue Multi-Family Housing Revenue
Bonds to be usee! to Finance a Qualifying Apartment Project.
Meeting Date 6/8/20049:00:00 AM
Approved By
Da.vld C. Weigel County Attorney Date
County Manager's Office County Attorney Office 5/28/20044:15 PM
Approved By
Pat Lehnhard Administrative Assistant Date
County Manager's Office Office of Managem~mt & Budget 6/1/2004 9:00 AM
Approved By
,.~- Michael Smykowski Management & Budget Director Date
County Mmiager's Office Office of M.magement &. Budget 611/2004 11 :02 AM
Approved By
leo E. Oehs, Jr. Deputy County Manag~!r Date
Board of COlmty County Manager's Office 6/1/20042:33 PM
Commissioners
.
Agenda Item No. 16K6
June 8, 2004
3 of 1 0
-'".~_. -- ."W0_h._,.,,_
RESOLUTION 2004-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, APPROVING THE ISSUANCE OF
HOUSINGflNANCEAUTHOmTYOFCOLLmRCOUNTYTAX-EXE~~
MULTI-FAMll..Y HOUSING REVENUE BONDS, (SUMMER LAKES n
PROJECT) SERIES 2004 PURSUANT TO CHAPTER 159, PART IV,
FLORIDA STATUTES, AS AMENDED.
WHEREAS, the: Housing Finance: Authority of Collier County (the "Issue:r") is a public
corporation of the: State of Rorida, was duly created by Ordinance No. 80-66 of the Board of
County Commissioners of Collier County, Florida, and is a body corporate and politic duly
created and existing as a local governmental body and a public instrumentality for the purpose of
assisting qualifying housing projects situated in Collier County. Rorida (the: "County"), under and
by vinue of Chapter 159, Pan IV, Florida Statutes, (the" Act"), to provide for the issuance of and
to issue and sell its obligations for lawful purposes under the Act; and
WHEREAS, as set forth in the resolution of the Authority described below, The Richman
Group of Florida ,Inc., a Florida corporation, for and on behalfofitself andlor its related entities (the
"Corporation"), has requested the Authority to issue its Multifamily Housing Revenue Bonds
(Summer Lakes n Project) Series 2004 in an initial principal amount not to exceed $22,000,000 (the
"Bonds") for the benefit of the Corporation and to loan ell or a portion of the proceeds thereof to
the Corporation to finance the costs of the Project; and
WHEREAS, the Authority caused notice of a public hearing to consider approval of the
Bonds and the location and nature of the Project to be financed with the proceeds of the Bonds to
be published on May 11,2004 in the Naples Daily News, a newspaper of general circulation in the
County, and a copy of said notice isattached as Exhibit A (the "Notice") to the Authority Resolution
described below; and
WHEREAS, the Authority held a public hearing on May 26, 2004, pursuant to the Notice
and has adopted its Resolution 2004-01 (the "Authority Resolution"), a copy of which is attached
hereto as Exhibit A, approving the issuance of the Bonds and recommending and requesting that
the Board of County Commissioners approve the issuance of the Bonds so that the interest on the
Bonds will be exempt from federal income tax.atioD under applicable provisions of Section 147(a)
of the lntemal Revenue Code of 1986, as amended; and
WHEREAS, Section 147(t) of the Internal Revenue Codeofl986, as amended (the "Code"),
provides that the elected legislative body of the governmental unit which has jurisdiction over the.
area in which the facility financed with the proceeds of tax exempt bonds is located is to approve the
issuance of such bonds after a public hearing; and
WHEREAS, the Board of County Commissioners of Collier County, Florida (the "Board")
is the elected legislative body of the County; and
c,.",.,.........IlINOlF....'._l..._.....ee: ........
Agenda Item No. 16K6
June 8, 2004
4 of 10
,-
WHEREAS, for the reasons set forth above, the Board desires to approve the issuance of
such Bonds for the pwposes of Section 147(1) of the Code.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMl\USSIONERS OF COLLIER COUNTY, FLORIDA, that:
Section 1. Approval oflssu(Jnce of the Bonds. This Board hereby approves the issuance.
of the Bonds by the Au\laority for the purposes of Section 147(1) oithe Code.
The Bonds shall not constitute a debt, liability or obligation ofCo1lier County, its Board of
County Commissioners, oflicers. lLients or employees, or the State of Florida or any political
subdivision thereof, but shall be payable solely from the revenues provided therefor, and neither the
faith and credit nor any taxing power of Collier County or the State of Florida or any political
subdivision thereof is pledged to the payment of the principal of, premium, if any, and interest on
the Bonds. No member of the Board of County Commissioners ofColJier County or any officer or
employee thereof shall be liable personally on the Bonds by reason of their issuance.
This approval shall in no way be deemed to abrogate any regulations of Collier County
applicable to the project and the project shall be subject to all such regulations, including, but not
limited to, the Collier County Growth Management Plan, all concurrency requirements contained
therein, and the Collier County Land Development Code.
Sectlon 2. Effective Date. This Resolution shall take effect immediately upon its
adoption.
PASSED AND ADOPTED THIS 8th day of June, 2004.
(SEAL)
".-. ATIEST:
Dwight E. Brock, Clerk COLLIER COUNTY. FLORIDA
By: By:
Deputy Clerk Donna Fiala, Chairman
Board of County Commissioners of
Collier County, Florida
Approved as to form and legal sufficiency:
LO -6 1'4.J ~~.(~#
David C. Weigel
County Attorney
(':\WJP'i~_-'\HOf'...._.LthI hll'eCC .....,.
"-
Agenda Item No. 16K6
June 8, 2004
5 of 1 0
..~.. .......--.---.. "-~.,---"". ,~_.~,-,,--'"..
--"-
RESOLUTION 2004-01 ~
RESOLUTION REGARDING THE OFFICIAL ACTION OF THE HOUSING
FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA. RELATIVE TO
THE ISSUANCE OF NOT TO EXCEED 522,000,000 'fAX-EXEMPT
MULTIFAMILY HOUSING REVENUE BONDS FOR THE PURPOSE OF
ACQUIRING. CONSTRUCTING AND EQUIPPING MULTIFAMILY
RESIDENTIAL HOUSING FACILITIES FOR PERSONS OR FAMILIES OF
LOW, MIDDLE OR MODERATE INCOME; PROVIDING AN EFFECTIVE
DATE.
WIffiREAS, The Richman Group of Florida the "CompanyW) h.as applied LO the Hou~ing
Finance Authority of Collier County, Florida (the "Authority"), to (i) issue its tax~exempt
multifamily housing revenue bonds in a principal amount not to exceed $22,000,000,000 (the
"Bonds") and such taxable multifamily housing revenue bonds (the "Taxable Bonds") as the
Authority may authorize by subsequent resolution for the purpose of financing the acquisition.
construclion, equipping and development of multifamily residential housing facilities for persons
or families of low, middle or moderale income to be located in Collier County (the "Project"), and
(ii) EO l()an the proceeus of the BondF,. to the Company pursuanL to Chapter 159 ~ Palt IV 1 Florida
Statutes, or such other provision or provisions of Florida law as the Authority may dttermine
3dvi.~able (the " Act"); and
\'VHEREAS, a determination by the: Authority to issue the Bond!; under the Act, if su
requested by the Company, lLl one or more issues or seri~s not exceeding an aggregate principal
amount of $22,000,000 and to loan the proceeds thereof available to finance the Project undt;:,r a
loan agreement or other financing agreement which will provide that payments thereunder he at
least sufficient to pay the principal of and interest and redemption premium, if a.ny. on such Bonds
and such other costs in connection therewith as may be incurred by the Authority. will assist. th~
Company and promote the purposes provided in the Act; and
WHEREAS, the Authority held a public hearing on the proposed issuance of the Bonds for
the purposes herein stated on May 16, 2004, pursuant to a notice of such hearing being published
at least 14 days prior to the hearing in the Naples Daily News, a new~papcr of general circulation
published in Collier County. a copy of said notice: being attached hereto as Exhibit A, which publk
hearing was conductc:d in a manner that provided a reasonahle opportunity for persons wiLh
differing views to be heard, hoth orally and in writing, on both the issuance of such Bonds and the
location and nature of the portiuu of lhe Project to be financed with the proceeds therefrom; and
WHEREAS, it is imended that this Resolution shall constitute official action toward l.hc
issuance of tbe Bonus within the meaning of the applicable United States Treasury Regulations.
IT IS, THEREFORE, DETERMINED Af\iD RESOL \lED BY THE HOUSING
FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, THAT:
r.:'."'yF.IC$'I.IQt,".elll~rOfo^.s"'''lII,..I..k.. rJo [I\lnd"",~ R.,ol.,lolI,"r-d Agenda Item No. 16K6
June 8, 2004
EXHIBIT A TO COUNTY 6 of 10
RESOLUTION
,-
I. Approval of the Project. The acquisition, construc.;tion, equipping and development of th~
Project and the financing thereof by the Authority through the issuance of the Bonds, pursua.nt 10
{he Act, will promote the health and wclfare of the citilens of Collier County and will thereby
serve the public purposes of the Act.
2. Authorization of the Bond~. There is hereby authorized to be issued and the Authority
hereby determines to issue the Bonds. if so requested by the Compa.ny and subject to the conditions
set forth in the Preliminary Agreemenl to be entered into subsequently, in one or more issues or
series in an aggregate principal amount not 10 exceed $22,000,000 and such taxable multifamily
housing revenue honds (the "Taxable Bonds") as the Authority may authorize by subscquent
resolution for the purpose of financing the Project. The Bonds shall be designated "Housing
Finance Authority of Collier County Multifamily Housing Revenue Bonds Series 2004 (Summer
Lakes II Apartments)" or such similar designation as lhe Authority may deem advisable. The rate
of interest payahlc on the Bonds shall not exceed the rate permitted by law.
3. Recommendation for Approval to Board of County Commissioners. The Authority
hereby recommends the issuance of the Bonds and the financing of the Project for approval to the
Board of County Commissioners of Collier County (the "Board"). The Authority hereby directs
{he Chairman, Vice-Chairman or Issuer's Coun.c;cl, either alone or jointly, at the expense of the
Company, to seek approval for the issuance of llle Bonds am.i Lhe financing of the Project by the
Board as the applicable elected representatives of Collier County under and pUl'suant to (he Act and
."-, Section 147(f) of the Internal Revenue Code of 1986, a~ amended.
4. Affirmative Action. This resolution is an affirmative action of the Authority toward the
issuance of the Bonds, as contemplated in said Preliminary Agreement, in accordance with the
purposes of the laws of the Slate of Florida and the applicable United States Treasury Regulations.
5. Approval or Notice of Public Hearing. The form of notice of public hearing attached
hereto as Exhibit "A ~ is hereby approved and the publishing thereof ratified by the Authority.
6. Appointment of Counsel. The Authority appoints l\ahors, Giblin and Nickcrson, P.A.,
Tampa. Florida to act as bond counsel to the Authority in connection with the issuance by the
Authority of the Bonds. The firm uf Donald A. Pickworth, P.A., Naples, Florida is the duly
appointed ls~uer' s Counsel.
7. Limited Obligations. The Bonds and the interest thereon ~hall not constitute an
indebtedness or plel1ge of the general credit or laxing power of Comer County. the Stalc of Florida
or any political subdivision or agency thereof hue shall be payable solely from the revenue pledged
therefor pursuant 10 a loan agreement or other financing agreement en{ered into by and between
the Authority and the Company prior to or conten'lporaneously with the issuance of the Bonds.
8. Limited Approval. The approval given herein shall not be construed as an approval of any
n~essary zoning applications nor for any other regulatory permits relating to the Project and lhe
.-
C'M~J:I)ei...:StU:..,,,r."I\It<;.r-^~5\;o,"r.:.erl.hs ~ :l..ln....C::.":'l~:'.1 :tr".....:li..":'. "'p:a ~2.
Agenda Item No. 16K6
June 8, 2004
7 of 1 0
__.e.., .,- .""-'"'" , "~-- . . --...._,~--~--
Authorily shall not be construed by reason of its aduption of this resolution to have waived any
right of the County or to have estopped the County from asserting any rights or respo~ibilities it
may have in lhat regard.
This Resolution shall take effe~t immediately.
ADOPTED this 26th day of May. 2004.
- -'. . HOUSING FINANCE AUTHORITY OF
." .. . I':' I.,. .....
':.::':~!'.<"~~ ~,.. '~:<.:4... '. COLLJER COUNTY, FLORIDA
- '.> >-: . (SE~i,);
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. '_.,: . .,.1 By:
ATTEST:
-3-
Agenda Item No. 16K6
June 8, 2004
8 of 1 0
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5885487'1 Notice of Public Hea I i:~.~~~~.I~~~I~t3\~ tnt A.Jti'.orl~' fron', ~llun
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County of Collier St1~'J b! '" ,n~e~teOnUI'o,f- or ~ 'P1"cOOQ ~Lth.i!.
.' d ~ .... t. . 'to "Ier -Ci."nu.j.' uf 011.!-, c.;o!--I'
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C:l.ppeared B. Lamb. .....ho on oath Bays that ahe servec ".1.g~[1c)\r.crool.
aB .Ae::dstant Corpo:rate Secretary of the Naple. ....1 '.n'QrQ~t~d P2'~o:~~~~r:,ln\le.;;,\I.i, ~U~.Tt;MI\"":';
Da~ly NewS!, a daily news!:,aper published at. Naples, r~r.'r~!l'lUn~~r'~"\~i"'f~I,~.l'~~~P;'i~l:~O~~~~
in Coll i~r. Couz:,tr, Florida: ,that ~he at;.tached ~~~Y,U~~.I~ 'tJ~c~~;~i'~&~'~~*;::;rt:Q .
copy of a.c'lve:rt J.BJ.n9 was publJ, l:lhed l.n BI:ud "~'TlT'C']'(l':._",.l1WT1. ;:OWn" ~;~n . ~ . ,,=,l,.~1 ~....
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ne\\':ips.pcr on dates 1l6ted. m~n8ndlllCh'~rT.:ntl'l\S~~.
Ai: f iant further Bays that the said Naples Dai lyrl,).~I"; Flnr.nc~ K..tMr'l~ or Co: I'~r Cml":~
N ' bl' h d t N 1 . 'd c:.IDQO"cr.r.lvo.ll,Jn$~.
ew!<.;1.s a r:'lewspaper l?U 1.5 e a ap e~. .l.n :sal " ~lEON.TlI'''.~n'lnal!,SU'I~5CZ
collJ.er County. Florlda, and that the sald . Na:Jo;:rk::ld~'i~;~~m (1t till ho~'-
newF.>l(a.per lae heretofore been continuouBly I ,,~'I~~~ ~~~~~~7i~..~~;'~;.~~ ~~ the'..orlrlO lI'e 'or
publlshed n ~aid Collier County r'lorida J each ih~ cvnll~~ro?l~:on o~ tll~ Avlhor.t)' u,;; 'J-II not Ill"lC!
day and ha been entered as. Beco~d class mail t;lt!Auir,or'I~',.
ma t ter at he post office in Napleg, in said con'(~~ Q1'the CPlllld~t:.;.~, tc't!!ne.l'lc.il'lg"~'Oc,D\~:\I~~~~
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o el cuz:tty. or~ a. Or ~ pe~lo 0 year. ~ro' c~~n.~1 ~~t I.Qrll:'rll~':~o" . .
-- next. precedlng the fJ.rst publJ.catlon of. the ". 1'1 -0 "pp",l,' .\'lY l~CI'
attached copy of advercisement: and affiant: ~~()o~J~fo~~BV~~lt;;.~~r/CRI+V i'.11~ bp~Cll~
[urtl~e!; Bays that Bhe ~as neither paic,l nor ..,"N I\'mj:lt c~~~lceii.~,tJ;~I:.~~ jf^;~IlC6c\~~~
prolnlE~ed any person, fl.rrn or corpora.t.1.on any Pln.sa,t>tD....IF~,!.R.NT!I~~TAp~RPOS~i:SL.c.~.hm~ '''~Y
. . . h ~. "'" y '. .t~e'T'''' UC'.nll Of
dl f3count. rebate, comml SSJ.on or. r.efund for t e "tEED TO. HISU~E il.A' fDt 'I'<H(I1 N~o:iR) I'~.
purpor,e of securing this advertisement for ~tc.;i:~C'.~~~~P!',STI'~JI~~ iNlJ ~"'IDEN~t lip:...
publl ction in the said newspaper. i WH'C-i 11! A,p::~~.~~s.!o'a;; BASED. .
11\ ~; "ornnCQ wt\I~' nh'l Arr.a -I.:M. y/I\-' r.ls~II~~!
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Sworn to and Sub::Jc:ribe~ be'fore me this ~ day of ~'1 ~ 20@
'."ooally koowo by me ]f",6b-o~ -pi (j,^~
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L
I Agenda Item No. 16K6
.- - June 8, 2004
EXHIBIT A TO AUTHORITY 9 of 10
RESOLUTION
,.-.-.-.- -~-- ,.-. - ---- ----
D01'o"ALD A. PICKWORTH, P.A,
ATTORNEY AT LAW
StHTE :!o02 NBWGATR TOWNR
e,l~() NORTH TAMIA~l TRAIL
NAPLES, FLORI Dl. ;HolCl~
<! . naiJ. Jljd"I&'W~<!&l'lkli I'll a el
(239) 268,8060 FAX bWY) 5~t:l - U6J
May 26, 2004
Via Hand Delivery
Dayid C. Weigel. Esquire
Collier County Altorncy
Colli~r County CourtoousciBldg F
NapJ~s, FL 34112
Re: June 8,2004 Agenda
Dear David:
1 am enclosing the folkm'ing documents for inclusion in the June 8, 2004 agenda:
1. Ex.ecutive Summary relating 1u approval of Housing Finance Authority
Multifamily Revenue Bond) for affordable housing facilities.
2. Rc~olution to be adopted by the Board of County Commissioners at the Board
mecting of Jun~ 8, 2004 approving the Bunds.
3. Exhibit to Bee Resolution consisting of the Inducement Rc!;olution adopted by
the Authority at I[S meeting on May 26, and inc.:luding as an cxhibit to the
InJucement Resolution, the Affidavit of Publ i(;;;lti<Jn for the required TEFRA
hearing cunducted b)-' (he Authority.
Since we have been placing these items on the Consent Agenda recr;:ntly, 1 would
reque:>t that this also be on Consent. Thank you for your a)sistance in this, ami if you havc
any queC>tions or need further information, please conUlct me.
V~ry truly yours.
hpiCkworlh
Enclosures
Agenda Item No. 16K6
June 8, 2004
10 of 1 0
_.
EXECUTIVE SUMMARY
PUDZ-03-AR-4395, Hamilton Harbor, Inc., represented by Anita Jenkins of WilsonMiller, Inc.,
and George Varnadoe, of ChetTy, Passidomo, Wilson and Johnson, P.A., requesting a rezone
from Planned Unit Development (PUD) to a Planned Unit Development (PUD) known as the
Hamilton Harbor PUD for the purpose of reducing the number of dry storage slips from 450 to
325 and reducina the number of seats in the restaurant from 150 to 100 in order to be consistent
with the Inter-local Government Agreement between the City of Naples and Collier County that
was approved on May 27, 2003. Approximately 154 acres of this project are located within the
City of Naples and is zoned Planned Development (PD) while approximately 21 acres are within
Collier County and located on the south side of Bay Street, and approximately one-half mile
south of the Thomasson Drive in Section 23, Township 50 South, Range 25 East, Collier County,
Florida.
OBJECTIVE:
To have the Board of County Commissioners consider an application to rezone the subject site from
Planned Unit Development (PUD) to Planned Unit Development (PUD) for the purpose of amending
the Hamilton Harbor PUD in order to reduce the number of dry storage slips from 450 to 325 and
reducing the number of seats in the restaurant from 150 to 100 and to make sure that the project is
.- consistent with all the applicable codes and regulations in order to ensure that the community's
interests are maintained.
CONSIDERATIONS:
The proposed amendment to the Hamilton Harbor PUD provides for a maximum of 36 wet boat slips,
325 dry boat slips, a 4,519-square-foot yacht club, a 109,008-square-foot dry storage facility, and a
700-square-foot fuel facility. It also permits marina offices, boat and marine equipment sales and
display, boat repair, cultural and civic facilities and boardwalks and nature trails. The project is
planned to be developed in two phases. The first phase permits the following uses: fueling facility,
marine construction loading facility, boat basin, wet slips, yacht club and dry storage facility, including
the office, ship's store, and repair shop. The boat basin will be approximately 3 acres in size and the
developed area will be approximately sixteen acres. The proposed ship's store will not exceed 1,000
square feet in area while the private yacht club permits a dining facility with a maximum of 100 seats.
In addition, the project is designed to preserve 149 acres of wetlands and uplands that are to be
conveyed to the City of Naples. It is anticipated that development will commence in 2004-2005 with
build-out projected to be in 2006.
On April 3, 1999, the City of Naples and Collier County entered into an Inter-local Government
Agreement (IGA) that provided the development approval procedures for the entire Hamilton Harbor
project, including that portion of the project lying within Collier County. The TGA provided that the
development approval procedures be conducted by the City in order to insure an orderly process,
provide consistent development standards, and promote government efficiency. On June 2, 1999, the
.-. City adopted a PD Planned Development zoning for the property, and on September 28, 1999, pursuant
to the IGA, Collier County adopted Ordinance 99-68, which re-zoned the 21 acres of the Hamilton
Harbor project lying within the County to a PUD Planned Unit Development in accordance with the
Agenda Item No. 17 A
June 8, 2004
PUDZ-03-AR-4395, Hamilton Harbor 1 1 of 59
--~'~_P^^ "'-~'-""""--""""'" ^.."."'."""......,.'j,.,...",,._,...,n"..'.,,.,...., .....~-".._,">>.,.,,~"",., -"~"-
City of Naples PD Zoning Ordinance No. 99-8545. On May 5, 2003, the City granted development
approvals for the revised Hamilton Harbor marina project, including adopting a new PD Ordinance,
Ordinance No. 03-9977. On May 27, 2003, the City of Naples and Collier County entered into a third
amendment to the Inter-local Government Agreement mainly to revise the development parameters,
including those parameters for that part of the project that lies within Collier County. The main
revision was to reduce the number of dry storage slips from 450 to 325 and other changes to the
dcvclopmcnt paramctcrs. Thc IGA providcs that thc County shall ratify thc City's actions and rczonc
that portion of the subject property within the County to PUD in accordance with the revised project
approvals that were part of the City's PD Zoning approval.
The Transportation Department has reviewed the applicant's Traffic Impact Statement (TIS) for
consistency with the policies contained in the Transportation Element of the GMP. Based upon this
review, the project will generate approximately 799 Average Daily Trips at the build-out in 2006. As a
result, the marina is not projected to significantly impact any County or City road segments. No road
improvements are needed to roads or intersections in the vicinity of the project to maintain the adopted
lcvcl of scrvicc standards. Undcr thc ncw CoUicr County Impact Fcc Schcdulc, approximately
$710,000 in road impact fees would be paid for the marina and private yacht club. These funds can be
used to make any required road or intersection improvements resulting from future development
impacts. As a result, this petition is deemed to be consistent with Policies 1.3, 1.4,5.1, and 5.2 of the
Transportation Element.
FISCAL IMPACT:
..",.,--
Since this petition is initiated as an amendment to the currently approved Hamilton Harbor PUD and is
not increasing the intensity of the project as approved in Ordinance Number 99-68, it will not change
the previously determined fiscal impact on the County. However, if this amendment achieves its
objective, the land will be developed. The mere fact that new development has been approved will
result in a future fiscal impact on County public facilities. The County collects impact fees prior to the
issuance of building permits to help 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:
The subject property is designated Urban (Mixed Use District, Urban Coastal Fringe Sub-district), as
identitied on the Future Land Use Map of the Growth Management Plan (GMP). Relevant to this
petition, the Urban Coastal Fringe district is intended to accommodate a variety of residential and non-
residential uses, including mixed-use developments such as parks, open space and recreational uses;
and community facilities, which includes marinas. The Urban Mixed-Use District permits water-
dependent land uses such as marines, boat storage facilities, launching facilities, and fueling facilities.
These uses must be found to be compatible with surrounding uses and must be consistent with siting
policy in Objective 10.1 and subsequent policies of the Conservation and Coastal Management
Element. Also, water-dependent uses are subject to the following land use criteria to be used for
-. prioritizing the siting of these uses; a) presently developed sites; h) sites where water-dependent or
water related uses have been previously established; c) sites where shoreline improvements are in
place; d) sites where damage to viable, naturally functioning wetlands, ~enl1arIEmiNomt1\Al.lly
June 8, 2004 .
PUDZ-03-AR-4395, Hamilton Harbor 2 2 of 59
-.
sensitive features could be minimized. Based upon the above analysis, staff concludes that the
proposed PUD amendment meets these criteria and thereby can be deemed consistent with the Future
Land Use Element of the Collier County GMP.
ENVIRONMENTAL ISSUES:
Thc Environmcntal Scrviccs staff has rccommcnded approval subject to thc developmcnt commitmcnts
of the Inter-local Government Agreement as amended. During the Environmental Resource Permit
(ERP) process with State and Federal agencies, the developer will provide a flushing model and report~
spill containment and cleanup plan~ will gather and present data establishing ambient water quality
conditions~ will provide a monitoring program designed to ensure applicable standards are maintained,
in accordance with Section 114-134 City of Naples Comprehensive Development Code; and will
provide a copy of the report to the City of Naples Natural Resources Director. In addition, there are
two archaeological sites within the project boundary that are designated on the Florida Master Site
File. The proposed plan avoids adverse impacts to the archaeological sites by preserving them with a
conservation dcsignation.
ENVIRONMENT AL ADVISORY COUNCIL (EAC) RECOMMENDATION:
No Environmental Impact Statement (EIS) since the previously approved EIS is less than five years
old and the proposed amendment will not adversely impact any approved preserve areas. As a result,
........_-'..,,~ this petition was not required to go to the Environmental Advisory Council (EAC).
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMME~'DATION:
The CCPC reviewed this petition during their public hearing on May 20, 2004. By a vote of 9 to 0, the
CCPC forwarded Petition PUDZ-03-AR-4395 to the Board of County Commissioners (BCC) with a
recommendation of approval. The Planning Commissioners found that this petition is consistent with
the Growth Management Plan (GMP) and the Inter-local Government Agreement with the City of
Naples, as amended. Because the CCPC recommended approval and no one has objected, this petition
qualifies for placement on the summary agenda.
STAFF RECOMMENDATION:
Staff recommends approval of Petition PUDZ-03-AR-4395 subject to staff stipulations contained in the
PUD Document as otherwise described by the Ordinam;e of Adoption and Exhibits thereto.
,-
Agenda Item No. 17 A
PUDZ-03-AR-4395, Hamilton Harbor 3 June 8, 2004
3 of 59
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COLLIER COUNTY
-~ BOARD OF COUNTY COMMISS.ONERS
Item Number 17,"',
Item Summary PUOZ-{I3....~.:~-139S, tiam:!t\.~n Harbf.:.r. ;nc.. :'"ep:"fj~e:"lted by /'),:1:1a ~:l:1ny.:n$ ()f
\N!!son!...~mer. Inc'l and Ge-:)!'"ge Varnadoe: of C~!.:~.I: PassldcmoJ, \{vBson and
J~.):-lrlS\1n, P.A.: req:...:es~:ng ft rf~~O:le from P~annoo Unit DeV!:=1.1pment {PUD) to a
P!~:'"lned Ur;it r>a\"~l!)pmel.:t (PUD) know:,,: as ,:)€I Ht1rfl;:",):~ H~(~J!):" PUD f;.'!: thtl
pUrptif;S ot :"f:ducin~ t:~ n:;int;l;7r r...' ur:..' storage s,l:ps !:"Om 450 !o :':25 ,,~d
rech.:e!ng the nUnlOef of seats in the r.:"llIuront trc.m 150 to IOu in o'cer te be
consi:;tt:nt wi~rl 1!"'lt: !r:tt:r..h::.c-a! GO'\l'~.:r:lmt:r:t A{~re~mcn1 :J!:!\'Yeen the City of
N~ples and Cl.~:j*:" CI.Xlllty thHt we$ a.P!-H,,'l',,'fj(j on M~y 7.7! 2003 ""'.ppr!Jxk:lQ:.ely
15-1 ;,..l;.~~5 or lhis proie\.~t a.rf;;'llocatec \ovith::1 the City of Naples. ~vld i$ .zoned
P;anr!t-d Dev.3;opment (PO) \,,'hil.:: apprc.;<l:"n3tely 21 acres :are w~thirl G.::);I:er
County and !cCi~tt~d on the scuth !;tl1e of th-~y S1:(~(~t, ;,:,~1 ;~r.'r,'f';Jximate[y (..r!f:-:,;,;f
mi:~ r,!J~rti1I,)fthi! Th()ma~s(;n Dlive in Se,,~ti!J:"1 7.::;. T(f#\1n~,h:p 50 SO:JHI, RCt~'gt;l
25 East Cr;Hier Cr,;I;nly. i'iorida.
Meeting Date 6.'3/2004 9.'J().OO AM
Prepared By
I!~~, ~;el'",'"",, Ch.ef I'.am..,,, ~'ot~
c.oC1;;-,mlJniiy n~v~l{'lp...~nt 8-
E~nvitCmIlH::i;.~1 Sf::"Vh"'..f!::$ Zani:'g &. Lznc OC'l~;-:o~.!"!"!tm1 R.::-v:l2w SI25l2vl').4 ';-1.~5;41 AM
Approved By
I!~~, ~;el:""",, Ch:p.f F::ann1;jr l'.t~
Co:::rnunity :)9.vp.lop:::~nt ;St
Envi..cnm;;:~~:..i Se~,<,;e~s: 7.1>ni:196 t?:':c: DeY~:.;.::r:';'ami r-t...l'v:~w S/'2:)t'2CC4 '~'l'CC) t\'!-A
'-.
Approved By
SuS&:: M~a~~'. AJ(;J' ZOni:1M &. lcmd D~'i~;6-~!!'l~ni [i;recku' C~l~
C.o:i:rnuniiy :}f!VP.l.op:i:~nt lS.. 2oni:"l{; & l.:l\:"':n [3~,,&:...;;:::~:"li j~;;s.v:~t<N
Et1"':rljollm&:~:al S~~'J';(~S :..r2W~~C04 :O:~CS AM
Approved By
Sand:<< LEa E~(eclltiv{: S.~c:)}'J.a:y C3t~
C,->::anuflity n~y~l,->p:::Cil.nt &. (;um::a,mity O~ytl'l,->p:~~Cil.f1t &.
J:1"\'":r")nm1'::,;t~1 $<"r'/:~.s:~ J:rovirl)l"m'H,::a! f.e1"',.Ii<<s Adm::,:. ~f2~:2CC4 8:Ze AM
Approved By
JQ:;,(:~h K. Schm;U, Cf;)~m\l~it). th~i"Cil.l!1~m(:"t &
E:wjrcnm~~t~1 St}:'Jic~!!. Adm;~$tf~;"'!" C"t~
C('!"!"!I't'tunit'}' :J~Y~l(I~'!Y!'::-llt 3. C(lr!"!!'!1uI1it)' Devel(l~r(~.::-nt 3.
trw:I'cnm<-..\.-"')I 5l':N::"'..e~ E'!:';"Itl'er.m<"ro~iioJ $JJ:"'o..j~..e~ ,"...dm:n 5o'Ztil1HM ~;:l2 PM
Approved By
f'3ttl.'""t>,ml Arlm:r.i~~7~th;i} ...\.o;.~!st~nt J}.oJtJJ
Co:,,;;;;;. Man<<~19r.s Officii Off."" <>/ M3"~;;"rnp.m & Bud;;..t ~2~';;~~C4 S.::11 ,",AA
Approved By
Mark l"IIC;'$OI1 Budjjl't Arw:Y'tt 0,,1..
Co:.:~!,!, Mafl::.gcr"s 01fi~c Orf:(;~ of M~,,~~~t'\1~,,: ~ B,,<l~,,1 5o'ZW;;(l,.l4;~S PM
Approved By
Micrl~t}1 S:'::Y!\(I?/sxl Man{;~.~me::: & B\.l.~~.::-t O;({:(t..:-!" Cal"
C<>,,";y t.t"na(lp.r". Offi::p. Off:<;.~ "f """"3(l"mMt & O,,';(lP.! r)iZ~j2f:tt.r: ':; 2:: PUt
- Approved By
..;.oJmr.:!iY.~l}of1 C<>,,~;y """"3(lp.r O.oJtf}
8<....11.<1 <!.'f Ccunty C<.~(rtr Mar::i~{:t.":!t Offi(>~
C:~~mi$'Sjl')ft~~ 5i31i2~(l,.l ~ ;4t' PM
Agenda Item No. 17A
June 8, 2004
4 of 59
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_.,_~_. a ~ __..._,,__ "-.---
Co1tf~~ County
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
HEARING DATE: MA Y 20, 2004
RE: PETITION NO: PUDZ-03-AR-4395, HAMIL TON HARBOR PUD
O\VNER/AGENT:
Agent: Anita Jenkins Owner: Hamilton Harbor, Inc.
WilsonMiller, Inc. 3003 North Tamiami Trail
3200 Bailey Lane, Suite 200 Naples, Florida 34103
Naples, Florida 34105
George L. Varnadoe
Cheffy, Passidomo, Wilson and Johnson, P.A.
821 5th A venue South
Naples, Florida 34108
REOUESTED ACTION:
To have the Collier County Planning Commission consider an application to rezone the subject site
from PUD to PUD (Planned Unit Development) for the purpose of amending the Hamilton Harbor
PUD permitting a marina facility.
GEOGRAPHIC LOCATION:
The property is located on the south side of Bay Street and approximately 2,400 feet south of
Thomasson Drive in Section 23, Township 50S, Range 25E. The entire Hamilton Harbor project
consists of 175.4 acres and is irregularly shaped. The project is located in south Naples Bay area,
immediately adjacent to Bayview Park, a County Park. Of the total site acreage, approximately 154
acres of the project lie within the City of Naples jurisdictional boundary while the remaining 21.4
acres are located within the jurisdictional boundary of Collier County. (See location map on the
following page. A copy of the Master Plan for the subject site follows the location map).
Agenda Item No. 17 A
PUDZ-03-AR-4395, Hamilton Hamor PUD I June 8, 2004
5 of 59
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PURPOSE/DESCRIPTION OF PROJECT:
On April 3, 1999, the City of Naples and Collier County entered into an Inter-local Government
Agreement (IGA) that provided the development approval procedures for the entire Hamilton Harbor
project, including that portion of the project lying within Collier County. The IGA provided that the
development approval procedures be conducted by the City in order to insure an orderly process,
provide consistent development standards, and promote government efficiency. On June 2, 1999, the
City adopted a PDPlanned Development zoning for the property, and on September 28, 1999,
pursuant to the IGA, Collier County adopted Ordinance 99-68, which re-zoned the 21 acres of the
Hamilton Harbor project lying within the County to a PUD Planned Unit Development in accordance
with the City of Naples PD Zoning Ordinance No. 99-8545.
On May 5, 2003, the City granted development approvals for the revised Hamilton Harbor marina
project, including adopting a new PD Ordinance, Ordinance No. 03-9977. On May 27, 2003, the City
of Naples and Collier County entered into a third amendment to the Inter-local Governrnent
Agreement (Exhibit C), mainly to revise the development parameters, including those parameters for
that part of the project that lies within Collier County. The main revision was to reduce the number of
dry storage slips from 450 to 325 and other changes to the development parameters. The IGA
provides that the County shall ratify the City's actions and rezone that portion of the subject property
within the County to PUD in accordance with the revised project approvals that were part of the
City's PD Zoning approval.
- The proposed Hamilton Harbor projects provides for a maximum of 36 wet boat slips, 325 dry boat
slips, a 4,5l9-square-foot yacht club, a 109,008-square-foot dry storage facility, and a 700-square-
foot fuel facility. It also permits marina offices, boat and marine equipment sales and display, boat
repair, cultural and civic facilities and boardwalks and nature trails. The project is planned to be
developed in two phases. The first phase permits the following uses: fueling facility, marine
construction loading facility, boat basin, wet slips, yacht club and dry storage facility, including the
office, ship's store, and repair shop. The boat basin will be approximately 3 acres in size and the
developed area will be approximately sixteen acres. The proposed ship's store will not exceed 1,000
square feet in area while the private yacht club permits a dining facility with a maximum of 100 seats.
In addition, the project is designed to preserve 149 acres of wetlands and uplands that are to be
conveyed to the City of Naples. It is anticipated that development will commence in 2004-2005 with
build-out projected to be in 2006.
SURROUNDING LAND USE AND ZONING:
Surrounding: North -Bay Street and developed with a mix of single and multi-family residential
dwelling units. The property is zoned RMF-6.
East - Undeveloped lands within the Collier Development Corporation (CDq PUD
that is approved for 796,000 square feet of commercial uses and residential
uses at a density of2.22 units per acre.
South -Undeveloped land that is zoned Rural Agricultural (A) and the CDC PUD.
West- Naples Bay.
-
PUDZ-03-AR-4395, Hamilton Harbor PUD 2 Agenda Item No. 17 A
June 8, 2004
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GRO\VTH MANAGEMENT PLAN CONSISTENCY:
Future Land Use Element (FLUE): The subject property is designated Urban (Mixed Use District,
Urban Coastal Fringe Subdistrict), as identified on the Future Land Use Map of the Growth
Management Plan (GMP). Relevant to this petition, the Urban Coastal Fringe district is intended to
accommodate a variety of residential and non-residential uses, including mixed-use developments
such as parks, open space and recreational uses; and community facilities, which includes marinas.
The Urban Mixed-Use District permits water-dependent land uses such as marines, boat storage
facilities, launching facilities, and fueling facilities.
These uses must be found to be compatible with surrounding uses and must be consistent with siting
policy in Objective 10.1 and subsequent policies of the Conservation and Coastal Management
Element. Also, water-dependent uses are subject to the following land use criteria to be used for
prioritizing the siting of these uses; a) presently developed sites; b) sites where water-dependent or
water related uses have been previously established; c) sites where shoreline improvements are in
place; d) sites where damage to viable, naturally functioning wetlands, or other environmentally
sensitive features could be minimized. Based upon the above analysis, staff concludes that the
proposed PUD amendment meets these criteria and thereby can be deemed consistent with the Future
Land Use Element of the Collier County GMP.
PUDZ-03-AR-4395, Hamilton Harbor PUD 3 Agenda Item No. 17 A
June 8, 2004
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,,- Transportation Element: The Transportation Department has reviewed the applicant's Traffic
Impact Statement (TIS) for consistency with the policies contained in the Transportation Element of
the GMP. Based upon this review, they have determined that the project will generate approximately
799 Average Daily Trips at the build-out of the project in 2006. As a result, the marina is not
projected to significantly impact any County or City road segments. No road improvements are
needed to roads or intersections in the vicinity of the project to maintain the adopted level of service
standards. Under the new Collier County Impact Fee Schedule, approximately $710,000 in road
impact fees would be paid for the marina and private yacht club. These funds can be used to make
any required road or intersection improvements resulting from future development impacts. As a
result, this petition is deemed to be consistent with Policies 1.3, 1.4, 5.1, and 5.2 of the Transportation
Element.
Conservation and Open Space Element - The PUD document indicates that a combination of
landscape, lakes, water management areas, and qualifying open space areas exceeds the Land
Development Code (LDC) requirements. The PUD will also achieve native vegetation preservation or
re-vegetation requirements of the LDC by re-vegetation of native species in the preserve tracts,
therefore the Conservation and Open Space elements of the GMP will be achieved by the PUD
development strategy.
Utilities and Water Management Element - Water distribution, sewage collection and transmission
systems are available and will be provided by Collier County Utilities. The proposed sanitary sewer
system will connect into the existing gravity collection system located on Bay Street. The proposed
potable water system will be extended from the existing 12-inch water main located at the terminus
- of Fern Street. Potable water and sanitary sewer facilities constructed within platted rights-of-way, or
within dedicated utility easements, shall be conveyed to Collier County Utilities pursuant to
Ordinance 01-57, as amended.
ANALYSIS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
favorable determination must be based. The listed criteria are specifically noted in Section 2.7.2.5
and Section 2.7.3.2.5 of the LDC thus requiring staff evaluation and comment, and shall be used as
the basis for a recommendation of approval or denial by the Collier County Planning Commission
(CCPC) to the Board of County Commissioners (BCC). These evaluations are completed as separate
documents and are attached to the staff report. 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 (See Exhibit "A" and Exhibit "B"). Other
evaluation considerations should include an assessment of adequacy of transportation infrastructure,
other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a
facet of analyzing the relationship of the rezoning action to the long range plan for future land uses.
Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a
rezoning action advise as follows:
~,-
PUDZ-03-AR-4395, Hamilton Harbor PUD 4 Agenda Item No. 17 A
June 8, 2004
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Environmental Review - The Environmental Services staff has recommended approval subject to
the development commitments of the Inter-local Government Agreement as amended. During the
Environmental Resource Permit (ERP) process with State and Federal agencies, the developer will
provide a flushing model and report; spill containment and cleanup plan; will gather and present data
establishing ambient water quality conditions; will provide a monitoring program designed to ensure
applicable standards are maintained, in accordance with Section 114-134 City of Naples
Comprehensive Development Code; and will provide a copy of the report to the City of Naples
Natural Resources Director. In addition, there are two archaeological sites within the project
boundary that are designated on the Florida Master Site File. The proposed plan avoids adverse
impacts to the archaeological sites by preserving them with a conservation designation.
Transportation Department Review - The Transportation Department has recommended approval
of the project and has noted that project site generated trips will not significantly impact any County
road segment. Direct access to the project will be provided via a main entrance onto Fern Street at the
intersection with Bay Street and a secondary entrance on Danford Street serving the fueling station
marine-related contractor's dock. No improvements are needed to any County road segments or
intersections in the vicinity of the project in order to maintain the adopted level of service standards.
Only site-related improvements at the Hamilton Harbor entrances are needed and shall be determined
at the time of Site Development Plan review.
Zoning Review - The PUD development standards require that the principal structures will be a
minimum of 30 feet from project boundaries except for the dry storage facility where the setback is
50 feet and the water where the setback is 0 feet. These setback requirements are similar to other
approved marinas of this size in Collier County. The PUD also permits a maximum height of 35 feet
for the yacht club and cultural facilities and 42 feet for the dry storage facility, which is the limit
permitted by the City of Naples. To improve compatibility with adjacent land uses, the project will
be subject to architectural standards that require all building facades to have the appearance of wood
or a concrete material, such as, but not limited to, block, brick, tilt-up panels, and stucco. In order to
screen the building from Naples Bay, the boat basin has been curved, the dry storage facility has been
located approximately 800 feet east of the entrance to the harbor, and the City of Naples height
restriction prohibits any structure from exceeding 42 feet. The primary access will be from Fern
Street, which minimizes traffic on Danford and Bay Streets while a 50-foot buffer and berm will be
provided adjacent to Bay Street. The PUD also contains a restriction prohibiting rental boat sales. In
addition, no personal watercraft will be berthed or stored at Hamilton Harbor. To ensure adequate
navigation of the bay, boats berthed at the project are limited to sixty feet (60') in length.
Community Infrastructure and Services - The subject property is readily accessible to a whole
range of community infrastructure that is enhanced by its interface with Thomasson Drive and close
proximity to Rattlesnake Hammock Road. Shopping centers and various specialty stores are all
within a short driving distance. Regarding the matter of timing, it shou~d be appreciated that
development has been approved within this area. After considering the availability of community
infrastructure and emergency (fire & police) services, it is clear that the development of the subject
property is timely and consistent with the GMP.
Public Information Meeting - The public hearing process was conducted by the City of Naples
when the property was rezoned to PD. This satisfied the Collier County Public Information Meeting
requirements.
PUDZ-03-AR-4395, Hamilton Harbor PUD Agenda Item No. 17 A
5 June 8, 2004
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STAFF RECOMMENDATION:
That the Collier County Planning Commission (CCPC) recommend approval of Petition PUDZ-03-
AR-4395 subject to the conditions of approval that have been incorporated in the PUD document and
as otherwise described by the Ordinance of Adoption and Exhibits thereto.
PREPARED BY:
RAY BELLOWS, CHIEF PLANNER DATE
DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
REVIE\VED BY:
SUSAN MURRAY, AICP, DIRECTOR DATE
DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
APPROVED BY:
_.
JOSEPH K. SCHMITT, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
COLLIER COUNTY PLANNING COMMISSION:
RUSSELL A. BUDD, CHAIRMAN
.-
PUDZ-03-AR-4395, Hamilton Harbor PUD 6 Agenda Item No. 17 A
June 8, 2004
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REZONE FINDINGS
PETITION PUD-03-AR-4395
Division 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. \Vhether the proposed change will be consistent with the goals, objectives, and
policies and Future Land Use Map and the elements of the GMP.
The subject property is designated Urban - (Mixed Use District, Urban Coastal Fringe
Subdistrict), as identified on the Future Land Use Map of the Growth Management
Plan (GMP). Relevant to this petition, the Urban Coastal Fringe district is intended to
accommodate a variety of residential and non-residential uses, including mixed-use
developments such as parks, open space and recreational uses; and community facilities
including marinas. The Urban Mixed-Use District permits water-dependent land uses
such as marinas, boat storage facilities, launching facilities, and fueling facilities.
Based upon the analysis in the staff report, staff concludes the proposed marina can be
deemed consistent with the Future Land Use Element.
2. The existing land use pattern.
To the north is Bay Street and the developed residential home sites that are zoned
RMF -6. To the east are undeveloped lands within the Collier Development
Corporation PUD/DRI. To the south are the undeveloped lands that are zoned "A"
Rural Agricultural. Lastly, to the west is Naples Bay.
3. The possible creation of an isolated district unrelated to adjacent and nearby
districts.
The PUD rezone for Hamilton Harbor is of sufficient size and located within the
Urban Mixed-Use District that permits the proposed marina use. Therefore, the subject
petition will not result in an isolated district unrelated to adjacent and nearby districts.
It is also consistent with expected land uses by virtue of its consistency with the
FLUE.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change. The Proposed Hamilton Harbor
PUD district boundaries are logically drawn and they are consistent with the FLUE of
the GMP.
5. Whether changed or changing conditions make the passage of the proposed
amendment necessary.
EXHIBIT "A"
Agenda Item No. 17 A
PUDZ-03-AR-4395, Hamilton Harbor PUD 7 June 8, 2004
11 of 59
The proposed marina is appropriate since the area is on Naples Bay and is developing
..- with additional residential uses that could benefit from a marina facility in this
location, thereby reducing trips by residents in this area looking for a marina. The
subject site is also located adjacent to a County Park.
6. \Vhether the proposed change will adversely influence living conditions in the
neighborhood.
The proposed change will not adversely influence living conditions within the
neighboring properties due to the project's consistency with the GMP and
compatibility with neighboring properties. The proposed rezone will have no
significant impact on any adopted level of service standard.
7. \Vhether 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 and 5.2 of the Traffic Element of the GMP. This project when developed
will not excessively increase traffic congestion.
8. \Vhether the proposed change will create a drainage problem.
.-.....
The LDC specifically provides the 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. In summary, the Hamilton Harbor PUD has been
reviewed for consistency with the applicable regulations and required to mitigate all
sub-surface drainage generated by developmental activities as a condition of approval.
9. \Vhether the proposed change will seriously reduce light and air to adjacent
areas.
The project's 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.
The proposed marina use and applicable development standards within this PUD are
consistent with all Collier County requirements. As a result, staff is of the opinion that
the proposed PUD will not adversely impact property values.
11. Whether the proposed change will be a deterrent to the improvement or
dcvclopmcnt of adjaccnt property in accordance with existing regulations.
,,-
PUDZ-03-AR-4395. Hamilton Harbor PUD Agenda Item No. 17 A
8 June 8, 2004
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The undeveloped properties nearby the proposed PUD should not be affected by the
requested zone change in that the project provides a landscape buffer, provides
increased setbacks and is consistent with the approved zoned projects in the area.
12. 'Vhether the proposed change will constitute a grant of special privilege to an
individual owner as contrasting with the public welfare.
The proposed development complies with the GMP. In light of this fact the proposed
PUD does not constitute a grant of special privilege.
13. 'Vhether there are substantial reasons why the property cannot be used in
accordance with existing zoning.
The subject property is being developed in accordance with the existing Future Land
Use Element. In addition, the Future Land Use Element of the GMP states that the
Urban designated areas are the preferred locations for mixed-use developments such
as parks, open space and recreational uses and community facilities including marinas.
14. 'Vhether the change suggested is out of scale with the needs of the neighborhood
or the County;
The proposed PUD complies with the GMP and will not adversely impact the scale,
density and overall intensity of land uses deemed to be acceptable throughout the
urban designated areas of Collier County.
15. \Vhether it is impossible to find other adequate sites in the County for the
proposed use in districts already permitting such use.
There are many sites that are zoned to accommodate a marina development. This is
not the determining factor when evaluating the appropriateness of a rezoning decision.
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 area within the subject site affected by the proposed rezone is currently structured
and consistent with the Future Land Use Element to receive such development.
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, 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. The proposed change
will have no affect upon those conditions.
FINDINGS FOR PUD Agenda Item No. 17 A
PUDZ-03-AR-4395, Hamilton Harbor PUD 9 June 8,2004
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_. PUD-03-AR-4395
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 Plan's compliance with the following
criteria:
1. The suitability of the area for the type and pattern of development proposed
in relation to physical characteristics of the land, surrounding areas, traffic
and access, drainage, sewer, water, and other utilities.
Jurisdictional reviews by County staff support the manner and pattern of
development proposed for the subject property. Development conditions contained
in the Hamilton Harbor PUD document give assurance that all infrastructures will
be developed consistent with County regulations. Any inadequacies that require
supplementing the PUD document will be recommended to the Planning
Commission and the BCC as conditions of approval by staff. Recommended
mitigation measures will assure compliance with Level of Service relationships as
prescribed by the GMP.
2. Adequacy of evidence of unified control and suitability of any proposed
agreements, contract, or other instruments, or for amendments in those
proposed, particularly as they may relate to arrangements or provisions to be
- made for the continuing operation and maintenance of such areas and
facilities that are not to be provided or maintained at public expense.
Documents submitted with the application provide evidence of unified control.
The Hamilton Harbor 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.
The subject petition has been found consistent with the goals, objectives and
policies of the GMP. A more detailed description of this conformity is addressed
in the Staff Report.
4. 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 Hamilton Harbor PUD Master Plan has been designed to optimize internal
land use relationships through the use of various forms of open space separation.
The LDC to assure harmonious relationships between projects automatically
regulates external relationships.
- EXHIBIT "B"
PUDZ-03-AR-4395. Hamilton Harbor PUD 10 Agenda Item No. 17 A
June 8, 2004
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5. The adequacy of usable open space areas in existence and as proposed to
serve the development.
The amount of open space set aside by this project is consistent with the provisions
of the Land Development Code.
6. The timing or sequence of development for the purpose of assuring the
adequacy of available improvements and {acUities, both public and private.
Timing or sequence of development in light of concurrency requirements is not a
significant problem.
7. 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 assessment is described at length in the staff
report. In addition, this petition will not adversely impact any previous
determination of consistency with the GMP. The project is also timely because
the supporting infrastructure is available.
8. 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 development
standards in this PUD are similar to those standards. The change is simply a shift
in the amount of commercial use.
Agenda Item No. 17 A
PUDZ-03-AR-4395, Hamilton Harbor PUD II June 8, 2004
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"-,,
~ WITHIN COLLIER COUNTY
Agenda Item No. 17 A
LOCATION MAP SITE MAP 16 of 59
PETITION 'PUDZ- 2003- AR. 43115
-
.----- --~,_._. -.- ~._--
APPLICATION FOR PUBLIC HEARING FOR:
[]PUD REZONE
[8]PUD TO PUD REZONE
Petition No.: Planner Assigned:
Date Received: Commission District:
ABOVE TO BE COMPLETED BY STAFF
l. General Information:
Name of Applicant(s) Hamilton Harbor. Inc.
Applicant's Mailing Address 3003 North Tamiami Trail
City Naoles State Florida Zip 34103
Applicant's Telephone # 239-261-4455 Fax #239-263-3849
Name of Joint Agent George L. Varnadoe. Esa. Firm Young. van Assendero. Varnadoe &
Anderson. P.A.
Agent's Mailing Address 801 Laurel Oak Drive. Suite 300 State FL Zip 34108
Agent's Telephone # 239-597w2814 Fax # 239-597-1060
Name of Joint Agent Anita L. Jenkins. AICP. Firm WilsonMiller. Inc.
Agent's Mailing Address 3200 Bailev Lane Suite 200 State FL Zip 34105
Agent's Telephone # 239-649-4040 Fax # 239-643-5617
Agent's E-Mail Address: AnitaJ enkinsuuWilsonMiller.com
COLLIER COUNTY COMMUNITY DEVELOPMENT
PLANNING SERVICES/CURREl\'T PLANNING
2800 N. HORSESHOE DRIVE-NAPLES, FL 34104
PHONE (941) 403-2400/FAX (941) 643-6968 Agenda Item No. 17 A
!l24Q004-121$2Q v... 01r-JCA.NTREL June 8, 2004
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-" *Bc awarc that Collicr County has lobbyist regulations. Guide yourself accordingly
and ensure that you are in compliancc with thesc regulations.
Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets &
if necessary)
Name of Homeowner Association: N/A
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: N/A
-
Mailing Address City State _ Zip
Name of Civic Association:
Mailing Address City State _ Zip
2. Disclosure of Interest Information:
a. 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
N/A
-- b. If the property is owned by a CORPORATION, list the officers and stockholders and
the percentage of stock owned by each.
Agenda Item No. 17 A
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The officers of Hamilton Harbor Inc. are:
Thomas J. Flood - President
Susan H. Watts - Vice President
Robert D. Corina - Vice President, Secretary, and Treasurer
,
Hamilton Harbor, Inc. is a wholly owned subsidiary of Collier Development
Corporation, owned as follows:
Name Percentage of Stock
Miles C. Collier 41.66%
Barron G. Collier. II 41.66%
Inglis U. Collier Trust dated 11/20/98 16.66%
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the
percentage of interest.
Name and Address Percentage of Interest
N/A
d. If the property is in the name of a GENERAL or LIMITED PARTNERSIllP, list the
name of the general and/or limited partners.
Name and Address Percentage of Ownership
N/A
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a
Corporation, Trustee, or a Partnership, list the names of the contract purchasers below,
including the officers, stockholders, beneficiaries, or partners.
Name and Address Percentage of Ownership
N/A
Date of Contract:
Agenda Item No. 17 A
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f. If any contingency clause or contract terms involve additional parties, list all individuals
- or officers, if a corporation, partnership, or trust.
Name and Address
N/A
g. Date subject property acquired ( ) leased ( ): Term of lease yrs.lmos.
If, Petitioner has option to buy, indicate date of option: and date option
terminates: , or anticipated closing date
h. 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.
3. Detailed le2al descriotion of the orooertv covered bv the aoolication: (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: 23 Township: 50 South Range: 25 East
Lot: Block: Subdivision:
Plat Book_ Page #: Property I.D.#:
Metes & Bounds Description: See attached PUD document
4. Size of orooertv: ft. X ft. = Total Sq. Ft. Acres 21
5. Address/l!enerallocation of subject orooertv: Adiacent to Bayview Park
6. PUD District (LDC 2.2.20.4): o Residential o Community Facilities
-,,- [8J Commercial D Industrial
Agenda Item No. 17 A
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7. Adiacent zonin2: and land use:
I
Zoning Land use
N RMF-6 Single and Multi-Family Dwelling Units
S PD (Sabal Bay) Undevelooed: wetland conservation
E PUD (Sabal Bay) Undevelooed
W PD {Sabal Bay Undevelooed: wetland conservation
Does the owner of the subject property own property contiguous to the subject property? If
so, give complete legal description of entire contiguous property. (If space is inadequate,
attach on separate page).
Section: 23. 23. and 27 Township: 50 South Range: 25 East
Lot: Block: Subdivision:
Plat Book_Page #: Property I.D.#:
Metes & Bounds Description:
8. Rezone Reauest: This application is requesting a rezone from the PUD (Hamilton
Harbor) zoning district(s) to the PUD (Hamilton Harbor) zoning district(s).
Present Use of the Property: Vacant
Proposed Use (or range of uses) of the property: Marina and related uses
Original PUD Name: Hamilton Harbor Ordinance No.: 99-68
9. Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County
Land Development Code, staffs 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.
PUD Rezone Considerations (LDC Section 2.7.3.2.5) Agenda Item No. 17 A
6':2412004- 121 s;2g Vet': 0' r. JCANTRE.L June 8, 2004
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J. The suitability of the C'.rea 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.
2. Adequacy of evidence of unified control and suitability of any proposed agreements,
contract, or other instruments, or for amendments in those proposed, particularly as they
may relate to arrangements or provisions to be made for the continuing operation and
maintenanc~ of such areas andfacUities that are not to be provided or maintained at
public expense. Findings and recommendations of this type shall be made only after
consultation with the county attorney.
3. Conformity of the proposed PUD with the goals, objectives and policies of the growth
management plan.
4. 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.
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
6. The timing or sequence of developmentfor the purpose of assuring the adequacy of
._" available improvements and facilities, both public and private.
7. The ability of the subject property and of surrounding areas to accommodate expansion.
8. Conformity with PUD regulations, or as to desirable modifications of such regulations in
the particular case, based on determination that such modifications of justified as
meeting public purposes to a degree at least equivalent to literal application of such
regulations.
9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions,
however, many communities have adopted such restrictions. You may wish to contact the
civic or property owners association in the area for which this use is being requested in order
to ascertain whether or not the request is affected by existing deed restrictions.
10. Previous land use petitions on the subiect 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? Per the Interlocal Government Agreement with the City of Naples. the Naples City
Council at a public hearing on March 5. 2003 approved the rezone to PD aoplication for
Hamilton Harbor. PD Ordinance 03-9977.
.-
Agenda Item No. 17 A
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11. Additional Submittal rCQuircmcnts: In addition to this completed application, the following
shall be submitted in order for your application to be deemed sufficient, unless otherwise
waived during the pre-application meeting.
a. A copy of the pre-application meeting notes;
b. If this rezone is', beiog requested for a specific use, provide twenty (20) copies (this
includes: Hill if affordable housing, Joyce Ernst, if residential and IrnmokaleelWater
Sewer District, if in Immokalee) of a 24" x 36" conceptual site plan [and one reduced
8W' x 11" copy of site plan]. drawn to a maximum scale of 1 inch equals 400 feet,
depicting the following [Additional copies of the plan may be requested upon completion
of staff evaluation for distribution to the Board and various advisory boards such as the
Environmental Advisory Board (EAB), or CCPe];
. all existing and proposed structures and the dimensions thereof,
. provisions for existing and/or proposed ingress and egress (including pedestrian
ingress and egress to the site and the stnIcture(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,
c. An architectural rendering of any proposed structures.
d. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land
Development Code (LDC) , or a request for waiver if appropriate.
e. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within
the previous twelve months), minimum scale of one inch equals 400 feet, shall be
submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries.
Such identification shall be consistent with Florida Department of Transportation Land
Use Cover and Forms Classification System. Additionally, a calculation of the acreage
(or square feet) of native vegetation on site, by area, and a calculation and location(s) of
the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.).
Agenda Item No. 17 A
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- f. Statement of utility provisions (with all required attachments and sketches);
g. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting;
h. A historical and archeological surveyor waiver application if property is located within
an area of historical or archaeological probability (as identified at pre-application
meeting) ;
i. 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.
J. An electronic version of the PUD on a disk as part of this submittal package.
k. Boundary Survey, no more than six months old - LDC Section 2.7.3.1.2.(8)
Please be advised that Section 2.7.2.3.2 (3) of the Land Development Code requires
an applicant to remove their public hearing advertising sign (s) after final action is
taken by the Board of County Commissioners. Based on the Board's final action on
this item, please remove all public hearing advertising sign (s) immediately.
-,
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Agenda Item No. 17 A
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STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST
1. NAME OF APPLICANT: Hamilton Harbor. Inc.
2. MAILING ADDRESS: 3003 North Tamiami Trail
CITY Naples STATE FL ZIP 34103
3. ADDRESS OF SUBJECT PROPERTY (IF A V All.ABLE):
-
4. LEGAL DESCRIPTION:
Section: 22&23 Township: 50 South Range: 25 East
Lot: Block: Subdivision:
Plat Book Page #: Property I.D.#:
Metes & Bounds Description: See attached legal description Exhibit "A".
5. TYPE OF SEW AGE DISPOSAL TO BE PROVIDED (Check applicable system):
a. COUNTY UTILITY SYSTEM ~
b. CITY UTILITY SYSTEM D
c. FRANCHISED UTILITY SYSTEM D
PROVIDE NAME
d. PACKAGE TREATMENT PLANT D
(GPD capacity) D
e. SEPTIC SYSTEM
6. TYPE OF WATER SERVICE TO BE PROVIDED:
a. COUNTY UTILITY SYSTEM D
b. CITY UTILITY SYSTEM ~
c. FRANCHISED UTILITY SYSTEM D
PROVIDE NAME
d. PRIVATE SYSTEM (WELL) D
Agenda Item No. 17 A
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7. TOTAL POPULATION TO BE SERVED: ~ ., slins. 36 wet slins. 80' x 40' maintenance
.- buildine:. 30'x 30'marina office. restaurant with 15lJ.~ats. multiple 1 Y2" hose bibs
, 8. PEAK AND AVERAGE DAILY DEMANDS:
A. WATER-PEAK S7 .945 !rod AVERAGE DAILY 29.315 gpd
B. SEWER-PEAK 33.945 ~d AVERAGE DAILY 11.315 gpd
9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL
WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE
REQUIRED: N/A
10. NARRATIVE STATEMENT: Provide a brief j concise narrative statement and schematic
drawing of sewage treatment process to be u:::..~_ as well as a specific statement regarding the
method of affluent and sludge disposal. If per\,;~ . ation ponds are to be used, then percolation
data and soil involved shall be provided from tests prepared and certified by a professional
engineer. Nt A
11. COLLIER COUNTY UTILITY DEDICATl0N STATEMENT: If the project is located
within the services boundaries of Collier County's utility service system, written notarized
statement shall be provided agreeing to dedicate to Collier County Utilities the water
distribution and sewage collection facilities within the project area upon completion of the
construction of these facilities in accordance with all applicable County ordinances in effect at
,.....,...., the at time. This statement shall also include an agreement that the applicable system
development charges and connection fees will be paid to the County Utilities Division prior to
the issuance of building permits by the County. If applicable, the statement shall contain shall
contain an agreement to dedicate the appropriate utility easements for serving the water and
sewer systems.
12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless
waived or otherwise provided for at the pre-application meeting, if the project is to receive
sewer or potable water services from any provider other than the County, a statement from
that provider indicating that there is adequate capacity to serve the project shall be provided.
Utility Provision Statement RJM 10/17/97
,-
Agenda Item No. 17 A
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PUD REZONE APPLICATION
SUBMITT AL CHECKLIST
THIS COMPLETED CHECKLIST IS TO BE SUBMITIED WITH APPLICATION PACKET!
REQUIREMENTS #OF NOT
COPIES REQUIRED REQUIRED
1. Completed ApplicationJPUD documents 4* X
2. Copy of Deed(s) and list identifying Owner(s) and all 4* X
Partners if a Corooration
3. Completed Owner/Agent Affidavit, Notarized 4* X
4. Pre-application notes/minutes 4* X
5. Conceptual Site Plans 4* X
6. Environmental Impact Statement - (EIS) X
7. Aerial Photograph - (with habitat areas identified) X
8. Completed Utility Provisions Statement (with required 4
attachments and sketches)
9. Traffic Impact Statement - (fIS) 1 X
10. Historical & Archaeological Surveyor Waiver X
Application
11. Copies of State and/or Federal Permits X
12. Architectural Rendering of Proposed Structure(s) X
13. Application Fee = $5000 + $25 per acre
Data Conversion = $25
Fire Code Review = $150
EIS Review = $1600
Check shall be made payable to:
Collier County Board of Commissioners
14. An electronic version of the PUD on a disk as part of 1 X
the submittal packet.
15. Affordable Housing Density Bonus Agreement X
includin2 all Annendices and Exhibits.
16. Boundary Survey (no more than 6 months old) X
17. OTHER REQUIREMENTS:
This application submittal is consistent with the
requirements ofthe Inter Local Agreement between the
County and the City of Naples.
. Documents required for Long-Range Planning Review .1 additional copy if for affordable housing
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included
in this submittal package. I understand that failure to include all necessary submittal information may result in the delay
of processing this petition.
Agent! Applicant Signature gate
Agenda tern No. 17 A
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.-, AFFIDA VIT
We/I, Jeffrey M. Birr being first duly sworn, depose and say that we/I am/are the owners of the
property described herein and which is the subject matter of the proposed hearing; that all the
answers to the questions in this application, including the disclosure of interest information, all
sketches, data, and other supplementary matter attached to and made a part of this application, are
honest and (roe to the best of our knowledge and belief. We/I understand that the information
requested on this application must be complete and accurate and that the content of this form,
whether computer generated or County printed shall not be altered. Public hearings will not be
advertised until this application is deemed complete, and all required information has been
submitted.
As property owner We/Ifurther authorize Young, van Assenderp, Varnadoe & Anderson, P.A., and
WilsonMiller, Inc., to act as our/my representatives in any matters regarding this Petition.
Signature of Property Owner
Jeffrey M. Birr, President
Hamilton Harbor. Inc.
- Typed or Printed Name of Owner
The foregoing instrument was acknowledged before me this day of ' 2003, by
Jeffery M Birr who is personally known to me.
State of Florida (Signature of Notary Public - State of
County of Collier Florida)
(print, Type, or Stamp Commissioned
Name of Notary Public)
~_.,
TRAFFIC IMPACf STATEMENT ITIS): Agenda Item No. 17 A
&'2"~ 121 52Q Ver: 01 r- JCANTREL June 8, 2004
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A TIS is required unless waived at the pre-application meeting. The TIS required may be either a
major or minor as determined at the pre-application meeting. Please note the following with regard to
TIS submittals:
MINOR TIS: Generally required for rezone requests for property less than 10 acres in size, although
based on the intensity or unique character of a petition, a major TIS may be required for petition of
ten acres or less.
MAJOR TIS: Required for all other rezone requests.
A minor TIS shall include the following:
1. Trip Generation: Annual Average Daily Traffic
(at build-out) Peak Hour (AADT)
Peak Season Daily Traffic
Peak Hour (PSDT)
2. Trip Assignment: Within Radius of Development Influence (RDI)
3. Existing Traffic: Within RDI
AADT Volumes
PSDT Volumes
Level of Service (LOS)
4. Impact of the proposed use on affected major thoroughfares, including any anticipated changes in
level of service (LOS).
5. Any proposed improvements (to the site or the external right-of-way) such as providing or
eliminating an ingress/egress point, or providing turn or decellanes or other improvements.
6. Describe any proposal to mitigate the negative impacts on the transportation system.
7. For Rezones Only: State how this request is consistent with the applicable policies of the
Traffic Circulation Elernent(TCE) of the Growth Management Plan (GMP), including policies
1.3, 1.4,4.4,5.1,5.2, 7.2 and 7.3.
A Major TIS shall address all of the items listed above (for a Minor TIS, and shall also include
an analysis of the following:
1. Intersection Analysis
2. Background Traffic
3. Future Traffic
4. Through Traffic
5. PlannedIProposed Roadway Improvements
6. Proposed Schedule (phasing) of Development
TRAFFIC IMPACT STATEMENT (TIS) STANDARQsoda Item No. 17A
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- The following standards shall be used in preparing a TIS for submittal in conjunction with a
conditional use or rezone petition:
1. Trip Generation: Provide the total traffic generated by the project for each link within the
project's Radius of Development Influence (RDI) in conformance with the acceptable traffic
engineering principles. The rates published in the latest edition of the Institute of Transportation
Engineers (ITE) Trip Generation Report shall be used unless documentation by the petitioner or
the County justifies the use of alternative rates.
2. Trip Assbmment: Provide a map depicting the assignment to the network, of those trips
generated by the proposed project. The assignment shall be made to all links within the RDI. Both
annual average and peak seasonal traffic should be depicted.
3. Existin2 Traffic: Provide a map depicting the current traffic conditions on all links within the
RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI.
4. Level of Service (LOS): The LOS of a roadway shall be expressed in terms of the applicable
Collier County Generalized Daily Service Volumes as set forth in the TCE of the GMP.
5. Radius of Development Influence (RDD: The TIS shall cover the least of the following two
areas:
..-.., a) an area as set forth below; or,
b) the area in which traffic assignments from the proposed project on the major
thoroughfares exceeds one percent of the LOS "e".
Land Use Distance
Residential 5 Miles or as required by DR!
Other (commercial, industrial, institutional, etc.)
o - 49, 999 Sq. Ft. 2 Miles
50,000 - 99,999 Sq. Ft. 3 Miles
100,000 - 199,999 Sq. Ft. 4 Miles
200,000 - 399, 999 Sq. Ft 5 Miles
400,000 & up 5 Miles
In describing the RDI the TIS shall provide the measurement in road miles from the proposed
project rather than a geometric radius.
6. Intersection Analvsis: An intersection analysis is required for all intersections within the RDI
where the sum of the peak-hour critical lane volume is projected to exceed 1,200 Vehicles Per
Hour (VPH).
7. Back2Tound Traffic: The effects of previously approved but undeveloped or partially
- developed projects which may affect major thoroughfares within the RDr of the proposed
project shall be provided. This information shall be depicted on a map or, alternatively, in a
listing of those projects and their respective characteristics. Agenda Item No. 17 A
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8. Future Traffic: An estimate of the effects of traditional increases in traffic resulting from
potential development shall be provided. Potential development is that which may be
developed maximally under the effective Future Land Use Element (FLUE) and the Collier
County Land Development eode. This estimate shall be for the projected development areas
within the projects RDI. A map or list of such lands with potential traffic impact calculations
shall be provided.
9. Throul!h Traffic: At a minimum, increases in through traffic shall be addressed through the
year 2015. The methodology used to derive the estimates shall be provided. It may be
desirable to include any additional documentation and backup data to support the estimation
as well.
10. PlannedlProoosed Roadwav Improvements: All proposed or planned roadway
improvements located within the RDI should be identified. A description of the funding
commitments shall also be included.
11. Proiect Phasin2: When a project phasing schedule is dependent upon proposed roadway
improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts of
a project are mitigated through a phasing schedule, such a phasing schedule may be made a
condition of any approval.
NOTICE:
This application will be considered "open" when the determination of "sufficiency" has been made
and the application is assigned a petition processing number. The application will be considered
"closed" when the petitioner withdraws the application through written notice or ceases to suoolv
necessal'V information to continue processing or otherwise actively pursue the rezoning for a period
of six (6) months. An application deemed "closed" will not receive further processing and an
application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed"
may be re-opened by submitting a new application, repayment of all application fees and granting of
a determination of "sufficiency". Further review of the project will be subject to the then current
code. (LDe Section 2.2.20.2.3)
Agenda Item No. 17 A
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ADDRESSING CHECKLIST
Please complete the following and submit to the Addressing Section for Review. Not all items will apply to every
proiect. Items in bold type are required.
1. Legal description of subj ect property or properties (copy of lengthy description may be attached)
2. Folio (property In) number(s) of above (attach to, or associate with, legal description ifmore than one)
3. Street address or addresses (as applicable, if already assigned)
4. Location map, showing exact location of project/site in relation to nearest public road right-of-way (attach)
5. eopy of survey (NEEDED ONLY FOR UNPLATTED PROPERTIES)
6. Proposed project name (if applicable)
7. Proposed Street names (if applicable)
8. Site Development Plan Number (FOR EXISTING PROJEeTS/SITES ONLY)
SDP -
-
9. Petition Type - (Complete a separate Addressing Checklist for each Petition Type)
- DSDP (Site Development Plan) o PPL (plans & Plat Review)
o SDPA (SDP Amendment) o PSP (preliminary Subdivision Plat)
o SDPI (SDP Insubstantial ehange) o FP (Final Plat)
o SIP (Site Improvement Plan) o LLA (Lot Line Adjustment)
o SIP A (SIP Amendment) o BL (Blasting Permit)
o SNR (Street Name Change) o ROW (Right-of-Way Permit)
o Vegetation/Exotic (Veg. Removal Permits) o EXP (Excavation Permit)
o Land Use Petition (Variance, Conditional Use, o VRSFP (Veg. Removal & Site Fill Permit)
Boat Dock Ext., Rezone, PUD rezone, etc.)
o Other - Describe:
10. Project or development names proposed for, or already appearing in, condominium documents (if applicable;
indicate whether proposed or existing)
11. Please Check One: o Checklist is to be Faxed Back o Personally Picked Up
12. Applicant Name Phone Fax
13. Signature on Addressing ehecklist does not constitute Project and/or Street Name approval and is subject to
further review by the Addressing Section.
FOR STAFF USE ONLY
Primary Number
Address Number
Address Number
Address Number Approved by Date
-
Agenda Item No. 17 A
l5I24l2OO4- 12152Q \I... Ot'" JCANTREl .
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ORDINANCE NO. 04-
AN ORDINA..'\CE AMENDING ORDINANCE NUMBER 91-102,
THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH
INCLUDES THE COMPREHENSIVE REGULATIO:-.JS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA,
BY AMENDING THE OFFICIAL ZONING ATLAS MAPS
NUMBERED 0523N Al\TI 0523S BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM "PUD" TO "PUD" PLAA'NED UNIT
DEVELOPMENT KNOWN AS HA..WLTO~ HARBOR FOR THE
PURPOSE OF REDUCING THE r-.'UMBER OF DRY STORAGE
SLIPS FROM 450 TO 325 AND REDUCING THE NUMBER OF
SEATS 11" THE RESTAURANT FROM 150 TO 100 CONSISTENT
WITH THE L'ITERLOCAL GOVERNME~! AGREEMEl'.'T
BETWEEN THE CITY OF NAPLES Al'm COLLIER COUNTY
THAT WAS APPROVED ON MAY 27, 2003, FOR
APPROXIMATELY 154 ACRES OF PROPERTY WITHIN THE
CITY OF NAPLES ZO:"1ED "PD" PLAA1\cD DEVELOPMEi\!
(ORDINANCE NO. 03-9977) A.."\TI APPROXIMATELY 21 ACRES
OF THE PROPERTY LOCATED WITHIN COLLIER COUNTY IN
SECTIO:-.J 23, TOW;-\SHIP 50 SOUTH, RA;-\GE 25 EAST, COLLIER
COUNTY, FLORIDA, At"ID BY PROVIDING A..'l EFFECTIVE
DATE.
WHEREAS, on Novemher 10, 19R6, the Board of County Commissioners of Collier
County. Florida adopted the CDC PUD Ordinam:e No. 86-77. commonly referred to as the
Sabal Bay PUD; and
WHEREAS, a portion of the Sabal Bay PUD property is proposed to be developed as a
hoat storage facility to he known as the Hamilton Harbor Planned Development; and
WHEREAS, approximately 154j: acres of the proposed Hamilton Harbor project arc
located within the jurisdiction of the City of Naples and approx.imately 21j: acres are located
within the jurisdiction of Collier County. Florida; and
WHEREAS, on April 13. 1999, the Board of County Commissioners of Collier County
entered into an Interlocal Government Agreement (IGA) with the City of Naples wherein it
was agreed that the City would, among other things, adopt a PO Zoning District for the entire
Hamilton Harbor project, ineluding the 21j: acres portion thereof situated in Collier County;
and
WHEREAS, on June 2, 1999, the City of Naples in accordance with the provisions of
the aforesaid lOA adopted zoning for the entire Hamilton Harbor project including the 21j:
acres thereof located within Collier County; and
WHEREAS, on June 22, 1999. the City and County amended certain pamgraphs of the
IGA by formal written agreement recorded the Public Records of Collier County; and
WHEREAS, on August 4. 1999, certain paragraphs of said IGA were amended to
provide clarification, said amendment heing agreed upon hy the City and County; and
Agenda Item No. 17 A
June 8, 2004
Page 1 of 3 33 of 59
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WHEREAS. On September 28, 1999. pursuant to the existing lOA. as amended, the
Counly adopled Ordinance No. 99-68, which reLOned that portion of the property lying: within
the County (approximately 21:t acres) to planned unit development, in accordance with the
City's PD Zoning Ordinance No. 99-8545. Through Ordinance 99-68, the County also
adopted and ratified the City's PD Zoning Ordinance No. 99-8545 as the land use,
developmenl and other standards applicable to that portion of the property lying within the
County; and
WHEREAS on April 5. 2000, the City repealed the June 2, 1999 development
approvals; and
WHEREAS, as a result of the City's repeal of the approvals, the owners/developers
of the property initiated litigation with the City; and
WHEREAS, on October 11, 2002. in an effort to TCsolve the litigation, the City and
the owners/developers of the property entered into a Conditional Settlement Agreement; and
WHEREAS, Paragraph 5 of the Conditional Settlement Agreement required an
amendment to the lOA, as amended, so as to allow for the Revised Projeet Approvals as set
forth in the Conditional Settlement Agreement. The City and County satisfied Pardgraph 5 of
the Conditional Settlement Agreement by executing an amendment to the lOA. daled
,-....
December 3,2002; and
WHEREAS, at the City Council's consideration and approval of the such amendment
on December 4. 2002, the City Council requested technical amendments be made to the
development criteria and standards; and
WHEREAS, on Mareh 5, 2003, the City granted PD zoning approvals for the revised
Hamilton Harhor marina project; and
WHEREAS, on March 10. 2003, the City and Hamilton Harbor. Inc. executed an
amendment to the Conditional Settlement Agreement lo renect the PD Loning for the revised
Hamilton Harbor marina project; and
WHEREAS, on May 27, 2003, certain paragraphs of the lOA were amended to
change certain technical TCquirements for the project reflected in the March 5, 2003 PD zoning
by the Cily of Naples, said amendment being agreed upon by the City and County; and
WHEREAS, pursuant to the terms and conditions of the lOA, as amended, it is
necessary for the Board of County Commissioners of Collier County to adopt a PUD rezone
that implements and is consistent with the lOA, as amended, and the City of Naples PD
Zoning District for the 21:t acre portion of the project lying within Collier County; and
-" WHEREAS, Anita Jenkins, AICP, of WilsonMiller, Inc., and Oeorge L. Varnadoe,
Esquire, of Cheffy Passidomo Wilson & Johnson, representing Hamilton Harbor, Inc.,
Agenda Item No. 17 A
June 8, 2004
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petitioned the Board of County Commissioners to change thc zoning classification of thc
herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY. FLORIDA. that:
SECfION O:'ffi:
The :I.oning classilicalion of the herein described real property located in Section 23, Township
50 South, Range 25 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit
Development in accordance with the Hamilton Harbor PUD Document. attached hereto as Exhibit
"A" and incorporated by reference herein. The official Zoning Atlas Maps numbered 0523N and
0523S, as described in Ordinance Number 9] -I 02, the Collier County Land Development Code, are
herehy amended accordingly.
SECfION TWO:
This Ordinance shall become elTeclive upon filing with the Deparlmenl of Stale.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County.
Florida, this _ day of ,2004.
BOARD OF COID.1Y CO~ISSIO:'-lERS
COLLIER COCl\1Y, FLORIDA
BY:
DONNA FIALA, CHAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
Approved as to Form
and Legal Sufficiency
MaIjoric M. Student
Assistant County Attomey
G Dlh~jJlcl]owslAR-4395
Agenda Item No. 17 A
June 8, 2004
Page 3 of 3 35 of 59
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Exhibit A
HAMIL TON HARBOR
A PLANNED UNIT DEVELOPMENT
PREPARED FOR
Hamilton Harbor, Inc.
PREPARED BY
,-, WilsQnMiller
3200 Bailey Lane, Suite 200
Naples, FL 34105
DATE APPROVED BY BCC: 9/28/99
ORDINANCE NUMBER: 99-68
PUD AMENDMENT SUBMITIED: 6/17/03
DATE APPROVED BY BCC:
ORDINANCE NUMBER:
.-
Agenda Item No. 17 A
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TABLE OF CONTENTS
Section I Legal Sketch and Description
Section II Planned Development Standards
Section III Development eriteria and Standards
Section IV Land Use Summary and Building Square
Footage
Section V Water and Sewer Adequacy and Availability
and Basic Water Management Strategy
Section VI Development Schedule and Method of
Ownership, Management and Maintenance
Section VII Developer Commitments
Section VIII PD Land Use District Map
Legal Sketch and Description of Tract A.
Tract Bland Tract B2
Appendix A Transportation Impact Statement
Agenda Item No. 17 A
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SECTION I
Legal Description
All that part of Sections 22, 23 and 27, Township 50 South, Range 25 East, Collier COlmty, Florida being more
particularly described as follows:
Beginning at the southeast comer of said Section 22;
thence along the east line of said Section 27, South 00023'12" West 2328.64 feet;
thence leaving said section line South 89032'18" West 1290.14 feet;
thence North 00027'34" West 331.71 feet;
thence northeasterly 846.91 feet along the arc of a tangential circular curve concave to the southeast having a radius of
800.00 feet through a central angle of60039'19" and being subtended by a chord which bears North 29052'06" East
807.91 feet to a point of reverse curvature;
thence northerly 1011.26 feet along the arc of a tangential circular curve concave to the northwest having a radius of
750.73 feet through a central angle of 77010'46" and being subtended by a chord which bears North 21036'21" East
936.52 feet;
thence North 16059'02" West 450.59 feet;
thence North 50000'29" East 226.72 feet
thence northeasterly 113.41 feet along the arc of a tangential circular curve concave to the northwest having a radius of
150.00 feet through a central angle of 43019'08" and being subtended by a chord which bears North 28026'43" East
110.73 feet to a point of compound curvature;
thence northerly 320.89 feet along the arc of a tangential circular curve concave to the west having a radius of 480.00 feet
through a central angle of38018'13" and being subtended by a chord which bears North lr21'57" West 314.95 feet to a
,,-~. point of reverse curvature;
thence northerly 109.67 feet along the arc ofa tangential circular curve concave to the east having a radius of 100.00 feet
through a central angle of 62050'20" and being subtended by a chord which bears North 00005'54" West 104.26 feet to a
point of reverse curvature;
thence northeasterly 171.22 feet along the arc of a tangential circular curve concave to the west having a radius of 180.00
feet through a central angle of54030'00" and being subtended by a chord which bears North 04004'16" East 164.83 feet;
thence North 23010'44" West 123.01 feet;
thence northwesterly and easterly 197.05 feet along the arc of a tangential circular curve concave to the southeast having a
radius of 100.00 feet through a central angle ofl12054'00" and bcing subtcndcd by a chord which bears North 33016'16"
East 166.68 feet;
thence North 89043'16" East 110.00 feet;
thence easterly and northwesterly 213.10 feet along the arc ofa tangential circular curve concave to the northwest having
a radius of 100.00 feet through a central angle of 122006'00" and being subtended by a chord which bears North
28040'16" East 175.01 feet to a point of reverse curvature;
thence northerly and northeasterly 78.69 feet along the arc of a tangential circular curve concave to the east having a
radius of 50.00 feet through a central angle of 90010'20" and being subtended by a chord which bears North 12"42'26"
East 70.82 feet;
thence North 57047'36" East 67.46 feet;
thence northerly and northwesterly 194.0 I feet along the arc of a tangential circular curve concave to the west having a
radius of 75.00 feet through a central angle of 148012'45" and being subtended by a chord which bears North 16018'46"
West 144.27 feet;
thence South 89034'51" West 30.00 feet;
thence westerly and southwesterly 157.08 feet along the arc ofa tangential circular curve concave to the southeast having
a radius of 100.00 feet through a central angle of9O"00'OO" and being subtended by a chord which bears South 44034'51 "
West 141.42 feet;
thence South 00025'09" East 169.99 feet;
thence southwesterly 62.98 feet along the arc of a tangential circular curve concave to the northwest having a radius of
50.00 feet through a central angle of 720 10'28" and being subtended by a chord which bears South 35040'05" West 58.90
feet;
.- thence South 71 045'19" West 116.04 feet;
Agenda Item No. 17 A
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thence southwesterly and southerly 248.54 feet along the arc ofa tangential circular cwve concave to the southeast having
a radius ofl50.00 feet through a central angle of94056'03" and being subtended by a chord which bears South 24017'18"
West 221.07 feet;
thence South 23010'44" East 123.01 feet;
thence southerly and southwesterly 101.05 feet along the arc of a tangential circular curve concave to the northwest
having a radius of50.oo feet through a central angle of 115047'41" and beingsubtended by a chord which bears South
34043'14" West 84.71 feet to a point of compound cwvature;
thence northwesterly 256.08 feet along the arc of a tangential circular cwve concave to the northeast having a radius of
220.00 feet through a. central angle of 66041'32" and being subtended by a chord which bears North 54002'10" West
241.87 feet;
thence North 20"41'24" West 195.01 feet;
thence northeasterly 312.33 feet along the arc of a tangential circular curve concave to the east having a radius of 280.00
feet through a central angle of 63054'40" and being subtended by a chord which bears North 11015'56" East 296.39 feet to
a point of reverse curvature;
thence northeasterly, northerly and northwesterly 516.02 feet along the arc of a tangential circular curve concave to the
west having a radius of300.00 feet through a central angle of 98033'08" and being subtended by a chord which bears
North 06003'18" West 454.72 feet;
thence North 55019'52" West 528.65 feet;
thence North 02023'16" East 275.02 feet;
thence northeasterly 77.62 feet along the arc of a tangential circular curve concave to the southeast having a radius of
50.00 feet through a central angle of 88057'04" and being subtended by a chord which bears North 46051'48" East 70.06
feet to a point of reverse curvature;
thence northeasterly 731.46 feet along the arc of a tangential circular curve concave to the north having a radius of
1200.00 feet through a central angle of34055'29" and being subtended by a chord which bears North 73052'36" East
720.19 feet to a point of reverse curvature;
thence northeasterly, northerly and northwesterly 134.88 feet along the arc of a tangential circular curve concave to the
west having a radius of50.00 feet through a central angle of 154033'46" and being subtended by a chord which bears
North 20052'02" West 97.55 feet to a point of reverse cwvature;
thence westerly and northeasterly 71.31 feet along the arc of a tangential circular curve concave to the northeast having a
radius of35.oo feet through a central angle of 116044'18" and being subtcndcd by a chord which bears North 39046'46"
West 59.60 feet;
thence North 18035'23" East 68.45 feet;
thence North 13049'59" East 340.07 feet;
thence North 07000'50" East 161.59 feet;
thence North 82059'10" West 35.00 feet;
thence North 070()()'SO" East 14.74 feet;
thence North 89018'51" East 527.45 feet;
thence South 00013'12" East 335.51 feet;
thence North 89024'52" East 1333.23 feet;
thence North 00032'30" West 30.00 feet;
thence North 89024'52" East 50.00 feet;
thence South 00032'30" East 537.45 feet;
1Ilence south 89029'24" West 916.48 feet;
1Ilence South 00006'04" East 453.00 feet;
dlcnce south 89029'24" West 470.01 feet;
lknce South 00006'04" East 2039.29 feet to the Point of Beginning of the parcel herein described;
Subject to easements and restrictions of record.
Cnntaining 124.33 acres more or less.
AND:
All that part of Section 27, Township SO South, Range 25 East, CoUier County, Florida, being more particularly described
as follows;
Commencing at the Northeast corner of said Section 27;
thence along the east line of said Section 27 South 00023'12" West 2690.18 feet to the Point of Beginning of the parcel
IIerein described;
1Itence continue along said Section line South 00023'14" West 2689.01 feet to the South line of said Section 27 thence
along said South line South 89031'09" West 758.84 feet;
Agenda Item No. 17 A
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thence leaving said Section line along a Bulkhead line per Collier County Bulkhead line Book 1, page 3, OR Book 1143,
pages 1303-1304, Collier County, Florida in the following four described courses;
1) Northerly 956.29 feet along the arc of a tangential circular curve concave to the east having a radius of 4446.88 feet
through a central angle of 12019'17" and being subtended by a chord which bears North 00007'24" East 954.45 feet;
2) North 06017'02" East 770.62 feet;
3) Northerly and Northwesterly 656.57 feet along the arc of a tangential circular curve concave to the Southwest having
radius of 517. 14 feet thro~gh a central angle of72044'36" and being subtended by a ~ord which bears North 30005'16"
West 613.35 feet to a point of reverse curvature;
4) Northwesterly and Northerly 549.88 feet along the arc ora tangential circular curve concave to the Northeast having a
radius of 477.36 feet through a central angle of66000'OO"and being subtended by a chord which bears North 33027'33"
West 519.98 feet to the South line of Government Lot 1
thence along the South line of said Government Lot 1 and leaving said Bulkhead line North 89032'16" East 1284.80 feet
to the Point of Beginning of the parcel herein described.
Subject to easements, reservations, rights-of-way and restrictions of record.
Containing 51.11 acres more or less.
Bearings are based on the east line of said Section 27 being South 00023'13 West (per State Plane Coordinate System,
Florida East Zone, N AD 83 Adjustment).
Total Parcel Contains 175.44 Aeres more or less.
~,-
",,-
Agenda Item No. 17 A
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SECTION II
Planned Development Standards
1. Land uses within the development shall be appropriate in their proposed location, in
their relationships to each other, and in their relationships with uses and activities on
adjacent and ncarby propcrties.
The proposed project is located in south Naples Bay, immediately adjacent to Bayview Park,
a eounty park. Of the overall project area of approximately 175 acres, 154 are within the
eity of Naples and 21 are within Collier County. The total project will be reviewed by the
City of Naples and City approved standards for both horizontal and vertical construction
shall be utilized throughout the project. The unique design of the marina substantially
screens the marina facilities from Naples Bay, Port Royal and the adjacent residential
neighborhood.. The uses will be compatible with and buffered from adjacent land uses, will
provide water dependent uses for this waterfront property, will improve the economic
vitality of the area, and will provide specific public benefits for the citizens of the City of
Naples.
Hamilton Harbor has been designed (1) to minimize impacts on wetlands and unique
archaeological sites; (2) to maximize compatibility with south Naples Bay character; and
(3) to provide the important public benefits specified below.
In order to screen the buildings from Naples Bay, the boat basin has been curved or
angled, the dry storage building has been located approximately eight hundred feet (800')
east of the entrance to the harbor, and City height restrictions will apply. In order to
promote compatibility with surrounding areas, primary access will be from Fern Street
which minimizes traffic on Danford and Bay Streets, the dry storage building will be
located approximately fifty feet (50') south of the property line, and a fifty foot (50')
buffer and berm will be provided adjacent to Bay Street.
Hamilton Harbor will have a maximum of36 wet slips and 325 dry storage spaces. Boats
berthed at Hamilton Harbor will be limited to sixty feet (60') in overall length. The boat
basin will be approximately three (3) acres in size and the developed area of Hamilton
Harbor will be approximately sixteen (16) acres. In addition, there will be a ships store
not to exceed 1000 square feet, marina offices, support facilities, and a private yacht club
featuring a dining facility with a maximum of 100 seats.
Hamilton Harbor will also provide the following public facilities or benefits:
dredging to the existing north/south Bayview Park canal and channel
preservation of 149 acres of wetlands and uplands to be conveyed to the City of
Agenda Item No. 17 A
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Naples, and preservation of approximately 112 miles of shoreline
. enhance tidal interaction of mangroves in proximity to proposed marina basin
. close proximity to recreational boating destinations
improve boat access to Bayview park through dredging of the channel and canal
improve water quality from runoff from Bay Street
Tract Bl, being approximately 98 acres in size, and Tract B2, being approximately 51
acres in size will be conveyed to the City of Naples solely for preservation purposes.
Any dredging in the channel leading into existing Bayview Park and Hamilton Harbor,
from channel marker R20, shall be the responsibility of the Developer. In addition,
Developer shall be responsible for any dredging to the existing north/south Bayview Park
canal.
There will be no rental boat fleet at Hamilton Harbor and no personal watercraft will be
,-, berthed or stored at Hamilton Harbor. There will be no expansion of Hamilton Harbor
nor will there be any expansion of the boat basin into adjoining lands in Collier eounty
or the City of Naples.
Applicant understands and agrees, that pursuant to paragraph 7 of the third amendment to
the Interlocal Government Agreement dated May 27, 2003, all proposed amendments to
the Hamilton Harbor PD Zoning Ordinance must be submitted and approved by the eity
of Naples. Only in the event that an amendment approved by the City of Naples exceeds
the development standards set forth in Exhibit 3 to said third amendment to the Interlocal
Agreement would eollier County have jurisdiction to also review said amendment.
2. The development shall comply with applicable city plans and planning policies, and
shall have a beneficial effect both upon the area ofthe city in which it is proposed to be
established and upon the city as a whole.
Hamilton Harbor furthers the goals and objectives of the eity of Naples Comprehensive Plan
and complies with applicable city planning policies. The proposed project provides multiple
public benefits in both the area of the city in which it is located and upon the city as a whole,
including:
. A public fueling facility in south Naples Bay;
. A marine construction loading facility;
. Reduction of boat traffic in upper Naples Bay;
- . Pennanent preservation of approximately 1.5 miles of shoreline;
Agenda Item No. 17 A
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. Permanent preservation of approximately 149 acres of wetlands and uplands;
. Preservation of important archaeological sites;
. Enhance tidal interaction of mangroves in proximity to proposed marina basin
. elose proximity to recreational boating destinations
. Improve boat access to Bayview park through dredging of the channel and canal
. Improve water quality from runoff from Bay Street
The specific objectives and policies which apply to this project include:
Vision 2005
Objective 3-5: It is the objective of the City to have more compatible land use
standards where the City and County are adjacent.
Hamilton Harbor is located within both the City and the County. With review of the entire
project being conducted by the City of Naples, this ensures that the land use standards within
the project boundaries will be compatible and complementary.
Objective 3-6: It is the objective of the City to have positive opportunities for the
County to enhance its motivation to cooperate with the City.
Hamilton Harbor provides a positive opportunity for the eounty to cooperate with the eity
by an interlocal agreement allowing the City to conduct the full review of the project
Objective 4-1: Ensure that the natural resources of the City are used in a sustainable
way.
The proposed project permanently preserves approximately 149 acres of wetlands and
uplands, including 1.5 miles of Naples Bay shoreline.
Objective 4-2: Increase the amount of grecn spacc with the City while protecting
environmentally sensitive lands.
Approximately 149 acres of wetlands and uplands shall have a permanent conservation
easement placed upon them in the favor of the eity, and shall be conveyed by Hamilton
Harbor to the City of Naples.
Objective 6-1: Provide a variety of active recreation opportunities;
Hamilton Harbor provides opportunities for water related recreation.
Objective 7-1: A desired result is residential areas which are not disrupted by non-
local traffic.
Agenda Item No. 17 A
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Primary access to Hamilton Harbor will be from an entry on Fern Street This will minimize
traffic on Danford Street and eliminate traffic on Bay Street.
Future Land Use Element
Policy 1-4: Non-residential development shall be compact and in a readily accessible
location for the market it is intended to service, and shall not encroach into stable
residential areas.
Hamilton Harbor is extremely compact, with only 16 of the 175 project acres used for
development. It is located to provide marina services in the south Naples Bay area.
Hamilton Harbor does not encroach into any residential area, and will include a 50' buffer
adjacent to the one residential street it abuts with a berm, fence and landscaping.
Policy 1-5: Increase the amount of green space in the City through appropriate project
design and attributes.
Approximately 149 acres of wetlands and uplands will be preserved and conveyed to the
eity of Naples.
-, Policy 1-7: Commercial properties shall be properly screened, provide adequate
parking, include orderly traffic circulation patterns, and integrate appropriate design
features to enhance safety, efficiency, and site appearance.
The unique design of the Hamilton Harbor basin allows for the existing 30' to 40' tall
mangroves to substantially screen the marina dry boat storage building from view from
Naples Bay and Port Royal. A 50' buffer will screen the facilities from the residents along
Bay Street with a berm, fence and landscaping. Parking will meet or exceed the City of
Naples requirements. A primary access road will provide safe and orderly traffic circulation
to the parking areas for the dry boat storage facility, the yacht club and ships store.
Sidewalks will connect the parking areas and marina facilities providing for safe pedestrian
circulation.
Policy 1-9: Signage shall be provided in accordance with the Code of Ordinances. Sign
plans for all complexes are to be med with the City. Monument ground signs are
cncourage rather than pole signs. Smaller signs and fcwer signs than pcrmitted by the
Code of Ordinances are preferred in most circumstances.
Hamilton Harbor signage will be in accordance with the City of Naples eode of Ordinances.
Policy 1-10: Lighting shall be provided in an aesthetically pleasing manner with
illumination levels compatible with adjaccnt arcas and designed to ensure safe
movement of pedestrian and vehicular traffic and promote security and crime
,- prevention.
Agenda Item No. 17 A
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10
Hamilton Harbor lighting will be designed to ensure the safe movement of boats and
pedestrians while being compatible with adjacent land uses. An illumination plan is
included with the Residential Impact Statement.
Policy 1-11: To protect, preserve and enhance areas having significant ecological,
hydrological, physical or socioeconomic importance to the public, new development or
redevelopment located in areas of environmental sensitivity shall be consistent with the
provisions of the Conservation and Coastal Management Element. The Code of
Ordinances shall include development standards based on habitat types, suitability,
storm protection, clearing, and submittal of a Development of Significant
Environmental Impact Assessment. Preserving the integrity of those areas enhanccs
the aesthetics and quality of life for city residents and visitors, provides a degree of
natural protection against storms, helps maintain air and water quality, promotes fIsh
and wildlife and habitat diversification and productivity, and promotes soil
stabilization.
Hamilton Harbor preserves approximately 149 acres of wetlands and upland and 1.5 miles of
shoreline of Naples Bay. Hamilton Harbor also preserves two important archaeological
sites, one, Hamilton Midden, is of regional importance. A Development of Significant
Environmental Impact Assessment is included with this rezone petition.
Policy 1-12: Dumpsters and mechanical equipment shall be effectively screened from
street view and adjacent rcsidential propcrty.
A landscape buffer along Bay Street will ensure that dumpsters and mechanical equipment in
Hamilton Harbor will be effectively screened :from view.
Policy 2-2: Permit new developmcnt only in areas where adequate public facilities and
access exists or will be provided prior to occupancy.
The applicant has verified that adequate public facilities and access are in place or will be
provided for the development of Hamilton Harbor.
Policy 5-2: Development shall be consistent with standards for subdivisions, signs, and
stormwater managcment.
Hamilton Harbor will be developed in accordance with required applicable standards.
Policy 5-3: Control land uses by requiring buffer areas between inconsistent land uses
and cstablish transitional land use zone to assure compatibility of land uscs.
Hamilton Harbor will include an extensive landscape berm and buffer to ensure
compatibility with the existing neighborhood along Bay Street.
Agenda Item No. 17 A
517f2004. 113331 V..-: 01J- AJ8f*inI June 8, 2004
.,.., 45 of 59
NJ229..Q17...QOS. PPtJD. 208>1
11
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Policy 6-2: Avoid adverse impacts on property, places, or sites that are on the Federal
Register of Historic Places, Florida Master Site File, or designated as a local historic
resource through official action by the City of Naples.
There are two archaeological sites within the project boundary of Hamilton Harbor that are
designated on the Florida Master Site File. The proposed plan avoids adverse impacts to
these archaeological sites, removes exotic vegetation, and preserves them with a
conservation designation.
Hamilton Harbor is in compliance with the applicable eity planning policies and will have a
beneficial effect both upon the area of the City in which it is proposed and upon the City as a
whole.
3. The total land area within the development and the area devoted to each functional
portion of the development shall be adequate to serve its intended purpose.
Wetland Conservation and Open Water 147.0 acres
Upland Conservation 12.3 acres
Water Management/Open SpacelBuffers 8.0 acres
Wetslip Harbor 3.1 acres
-
Marina Facilities 5.0 acres
Total Area 175.4 acres
4. Streets; utilities; drainage facilities; recreation areas; building heights, sizes and yards;
and vehicular parking and loading facilities shall be appropriate for the particular use
or uses involved, and shall equal or exceed the level of design and construction quality
required of similar land development elsewhere in the city.
Site improvements shall be constructed according to the requirements of the eity of Naples.
The proposed development standards contained herein are appropriate for the intended use
oftbe property.
5. Visual character and community amenities shall be equal or better in quality than that
required by standard zoning districts for similar development.
The wetslip basin has been designed at an angle specifically to create a visual screen of
existing 30' to 40' tall mangroves which effectively screens the dry boat storage facility from
Naples Bay and Port Royal. Hamilton Harbor's public amenities includes a public fueling
facility, dredging of the north/south Bayview parle canal, a marine construction loading
facility, and preservation of approximately 149 acres of wetlands and upland, 1.5 miles of
Naples Bay shoreline and two important archaeological sites.
6. Open space shall be adequate for the type of development and the population densities
....-.. proposed.
Agenda Item No. 17 A
51112004- t 1 3331 V.r. 01'. .......... June 8, 2004
e.., 46 of 59
Nll22ao41'.ooe. PPIJD. :lIll!01
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12
Approximately ninety percent (90%) of the project will be open space, which is
extraordinarily high for this type of development and greatly exceeds all applicable
standards.
7. Areas proposed for common ownership shall be subject to a reliable and continuing
maintenance guarantee.
Approximately 26 acres of the project will be under common ownership of Hamilton
Harbor, Inc. and will be maintained by the owner, their successor or assigns. The remaining
149 acres will be conveyed to the City of Naples for conservation purposes.
8. In the case of developments which are to be constructed in several units, the proposed
units shall be shown on the overall development plan. The proposed construction units
shall individually comply with the standard set forth in this section in order that, if for
any rcason construction ceases prior to complction of the entirc planned development,
the resulting partially complete project will adequately serve its purchasers and
occupants and will not cause a general public problem.
Site improvements shall be constructed according to the requirements of the City of Naples.
Agenda Item No. 17 A
r;nf2004..1t333t V<<:01r- ~ June 8, 2004
CAM3 47 of 59
~1.oo&-~:10801
13
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SECTION III
Development Criteria and Standards
Tract A: Consists of approximately 26 acres, 5 acres within the City and 21 acres within the
eounty. Section VIII of this PD document includes a Land Use Districts Map illustrating the
location of Tract A, and provides a legal sketch and description.
I. Permitted Principal Uses: 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 Marina facilities, including part of boat basin, fuel sales, and wet slips (including slip
rentals) for a maximum of 36 boats.
B. Dry storage facility for a maximum of 325 boats.
e. Ships store - marina related retail sales (a maximum 1,000 square feet).
D. elubs, private or public including yacht clubs and the like, featuring a dining facility, (a
maximum of 100 seats), including conventional, outdoor seating and dining, carryout,
and outside menu board signage.
E. Marina offices.
F. Boat and marine equipment sales and display.
G. Repair and servicing of boats, boating accessories and marine equipment for dry storage
boats, and boats comparable in size in the wet slips.
"'~-^ H. Marine construction loading facility.
I. Cultural or civic facilities for educational purposes (a maximum of 3,000 square feet)
1. Boardwalks and nature trails.
II. Permitted Accessorv Uses: Accessory uses and structures, which are incidental and
customarily associated with the above permitted use as follows:
A Incidental loading and unloading of marine supplies.
B. Ponds/water management facilities.
C. Parking lots.
D. Landscape buffers.
E. Signage, including internal directional signage and structures.
F. Wastewater pump-out facilities.
G. Fuel storage facilities.
H. Accessory uses and structures which are incidental to and customarily associated with
the permitted uses listed above.
m. Conditional Uses: Are as follows:
A Live entertainment as defined by the eode of Ordinances.
B. The Planning Advisory Board may, through the review and approval of a conditional use
petition and with the approval of the city council, permit other uses which are similar to
and no more intense than those enumerated in this section.
- III. Minimum Setbacks
Agenda Item No. 17 A
/lfIf2OU. 1133S' Vor: 0'1- AJoridnI June 8, 2004
c-. 48 of 59
NQ229.4' 7-ooe- PPIJD. :1080'
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Principal and Accessory Buildings 30 feet from project perimeter boundary, as
the boundary is depicted the General
Development and Site Plan, except for the
dry storage facility where the setback is 50
feet and the water where the setback is 0 feet.
VI. Maximum
Building Height
Yacht elub 35 feet to the peak of the roof measured from
the first floor FEMA elevation.
Dry storage facility 42 feet to the peak of the roof measured from
the first floor FEMA elevation.
Fuel facility 20 feet to the peak of the roof measured from
the first floor FEMA elevation
eultural and civic facilities 35 feet to the peak of the roof measured from
the first floor FEMA elevation.
Marina directional structures 20 feet to the peak of the roof measured from
the first floor FEMA elevation.
VII. Minimum Lot Area 10,000 SF
VIII. Maximum Lot Coverage by Buildings 50 percent
IX. Minirnmn
Off-Street Parking Dry storage facility - 1 space/1O dry slipsl
Harbor basin - 1 space/4 wet slips
Yacht club - 1 space/1 00 SF
Ships store - 1 space/300 SF
Fuel master facility - 1 space/3OG SF
1 Parking spaces noted are minimums and may increase based on marina industry standards.
X. Architectural Standards
Agenda Item No. 17 A
&17~ 113331 Ver. 01............. June 8, 2004
CAM> 49 of 59
NQ'229..017..()()6.. ~ 208)1
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Yacht club and fuel facility All building sides shall have the appearance
of wood or a concrete material, such as, but
not limited to, block, brick, tilt up concrete
panels, stucco on lathe systems, etc.,
Thy storage facility Due to the placement of the dry boat storage
facility, existing mangrove trees and large
ficus trees in Bayview Park substantially hide
the building from public view. The dry boat
storage building facades will be a natural
color to further blend in with the surrounding
environment.
Marina Directional Structure The marina directional structure will be
designed with nautical elements. The
external structure will be marine grade
painted stainless steel. The base will be a
sealed natural concrete finish.
,- XI. Fences and walls Chain link fences are only allowed along Bay
Street behind the berm and along the eastern
edge of the fueling facility.
The maximum permitted fence/wall height on
Danford Street is six feet.
The maximum permitted wall height along the
eastern edge of the docking facility is six feet
with an additional two feet of wrought iron or
grillwork. Wall columns may reach a
maximum of eight feet in height and two feet
in width, spaced a minimum of eight feet
apart.
Fences and walls shall be set back 30 feet
from the Bay Street property line, 5 feet from
the north-south property line at the west end
of Bay Street, and 18 inches along Danford
Street.
Walls must be masonry and painted in a color
compatible with the proposed buildings.
-
Agenda Item No. 17A
l17~tUU1 yOr.O,......,.,...,. June 8, 2004
c-. 50 of 59
N022Io01'.()OlI- PPIJD.:lOeQ1
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16
XII. Preserve Areas designated "Preserve", within Collier
County's jurisdiction, shall be protected by
the Developer placing a permanent
conservation easement in favor of the City
and conveying said areas, in fee simple and
with good and marketable title, free and clear
of all liens and mortgages, to the City for Ten
Dollars ($10) for the eity's conservation land
program, pursuant to Section VII hereof.
XIII. Access Primary access will be from an entry located
at a southern extension of Fern Street
Agenda Item No. 17 A
5I1~"333t Vw:OtJ..~ June 8, 2004
e-, 51 of 59
NQ229.017..oos- PP\IOo 2080'
17
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Tract B1 and Tract B2: Consists of 149 acres within the eity of Naples. Section VIII of this PD
document includes a Land Use Districts Map illustrating the location of Tracts Bl and B2, and
provides a legal sketch and description.
m. Permitted Principal Uses: 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 Archeological excavation and study
B. Boardwalks and nature trails
e. Passive Recreation
In any conflict between the terms of this Planned Development Document and the eity of Naples
eomprehensive Development eode, the Planned Development Docwnent shall prevail. The eity of
Naples Comprehensive Development eode, however, shall otherwise apply to development on the
property if and when the eode addresses an issue, which is not addressed in the Planning
Development Document.
....-
-
Agenda Item No. 17 A
l11~t13331 Ver:01"~ June 8, 2004
CONS 52 of 59
~'_PI'IJl>>ZlI!01
.- ..- ~._._--~-_.~.-
18
SECfION IV
147.0 acres
12.3 acres
8.0 acres
3.1 acres
5.0 acres
Total Area 175.4 acres
Marina Facilities
Percent of Site Covera e
.06%
1.4%
.03%
.0009%
Agenda Item No. 17 A
&7f2004.. 113331 VM:O'I~ AJeridnt June 8, 2004
CAMJ 53 of 59
NQ229.411,-" PPIJD. :lOIlO'
19
.__.
SECTION V
'Vater And Sewer Adequacy And Availability
Water and Sewer service for the project is available and will be provided by eollier eounty
Utilities. The proposed sanitary sewer system will connect into the existing gravity collection
system located on Bay Street. The proposed potable water system will be extended from the
existing 12" water main located at the terminus of Fern Street.
Basic Water Management Strategy
The excess storm water run-off generated within the site will be captured and conveyed by inlet
structures, pipes, and swales to a water quality detention system. The run-off will undergo
treatment through detention as required by the South Florida Water Management District.
Following the proposed water quality treatment volume detention, the system will mimic the
historical, pre-developed drainage pattern by discharging directly to tidal waters, Naples Bay.
The water quality detention system will consist of a series of dry detention areas with a bottom
elevation located one foot above the site's determined wet season water table (control elevation).
.- Following the required water quality volume detention, a water control structure located at the
most downstream dry detention area will discharge into a spreader swale and ultimately into
Naples Bay.
_.
Agenda Item No. 17 A
517~t13331 Ver:011-~ June 8, 2004
c-. 54 of 59
N022ll-017.oo&- PPIJG. ZlllOt
__n -. ,. ....._-
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SECTION VI
Development Schedule
(1) The project is planned to be constructed in two phases. The first phase would include some or
all of the following: fueling fucility, marine cons1ruction loading facility, boat basin, wet slips,
yacht club and dry storage facility, including the office, ships store, and repair shop. It is
anticipated that development will commence in 2004-2005.
(2) Within six (6) months from the receipt of all the non-appealable permits, development
orders, and other governmental authorizations necessary to develop the entire Hamilton
Harbor project as described in this PD, construction shall commence on that portion of the
project containing the marine related construction loading facility, and fueling facility.
Said facilities will be completed within two (2) years of the start of construction, unless
delayed by forces beyond the control of Applicant.
(3) Should Hamilton Harbor fail to construct the marine related construction loading facility
and fueling facility or, at any time discontinue such uses or public access for a period of
more than 60 consecutive days, the City shall have the rights as defined in the "Hamilton
Harbor" eonditional Settlement Agreement, dated October, 11, 2002.
Method Of Ownership, Management And Maintenance
The marina and dry storage facilities, marine construction loading facility and fueling facility
will be owned, managed and maintained by Hamilton Harbor, Inc., their successor or assigns.
Approximately 149 acres of wetlands and upland will be owned, managed and maintained by the
eity of Naples.
Agenda Item No. 17 A
517f2004.. "3331 Ver: 01'-.t..JeridN June 8, 2004
c-. 55 of 59
~17~ PPUD- 20e01
21
"'W_
SECTION VII
Developer Commitments
(1) Boats berthed in wet slips shall be limited to sixty feet (60') in waterline length as
determined by reference to the boat manufacturer's specifications.
(2) No personal watercraft shall be berthed or stored at Hamilton Harbor.
(3) There will be no expansion of Hamilton Harbor or the marina basin into adjoining
lands in eollier County or the eity of Naples; Hamilton Harbor facilities will only
be used to launch boats stored at Hamilton Harbor; and the maximum number of
boats to be berthed or stored at Hamilton Harbor shall be limited to 361 (325 dry
storage and 36 wet slips) in perpetuity.
(4) A wet slip, as identified and labeled on the GDSP, shall be provided to the City of
Naples at no charge, and appropriate signage shall be provided.
- (5) The Planned Development will expire and be of no force and effect unless
development of the facilities has commenced within twenty (20) years of the final
approval of the Planned Development by eity eouncil (to comport with the terms
of the lnterlocal Government Agreement dated March 17, 1999, as amended)
unless the term of the Interlocal Government Agreement is extended, in which
case the term of the Planned Development shall be extended to a term consistent
with the term of the Interlocal Government Agreement.
(6) Hamilton Harbor shall construct, at its expense, said marine construction loading
facility. Hamilton Harbor further agrees that the eity's and County's vessels
and/or vehicles (and those of any contractors retained by the eity for a City
project, or eounty for a eounty project) shan have access to and the use of the
marine construction loading facility without charge and that private users of the
facilities shall be charges a commercially reasonable fee.
(7) Subsequent to the issuance of all final non-appealable discretionary permits
required to develop the Project, but prior to the issuance of building permits at
Hamilton Harbor for any private marina facilities, the following shall occur:
(a) A conservation easement under ehapter 704.06, Florida Statutes, shall be
created in favor of and enforceable by a state agency designated by eity
eouncil at the time of conveyance (the "Conservation Easement Holder")
..-. of Tract Bland Tract B2. Tract Bland Tract B2 will be conveyed to the
City of Naples, subject to the Conservation Easement and covenants,
Agenda Item No. 17 A
51712004-11)3.31 Ver.01'.~ June 8, 2004
.,.., 56 of 59
NQ2.29..011...oos. PPlJO. 2OS) 1
, ,-~ ._- __...,'.....,._..__.,.....,. .._n w""'''' ~.._.---- ' ------
22
conditions and restrictions ("Deed Restrictions") which will restrict the
uses to conservation/preservation; retaining rights of utilization for
scientific and education activities approved by the City Manager, native
vegetation, including mangrove trimming to allow safe pedestrian passage
along docks, boardwalks, nature trails and other pedestrian pathways. The
eonservation Easement shall create a right or interest in the real property
which is appropriate to preserving land or water areas predominately in
their natural, scenic, open or wooded condition; retaining such areas as
suitable habitats for fish, plants or wildlife; retaining the integrity of sites
or properties of historical or archaeological significance; maintaining
existing land uses; and prohibiting development as and to the extent more
fully described in Chapter 704.06(1), Florida Statutes; and
(b) Fee simple title to such land subject to the Deed Restrictions and the
Conservation Easement in favor of and enforceable by the Conservation
Easement Holder shall be conveyed through the execution and delivery of
a deed for such land to the City of Naples. Any proposed changes to land
uses in Tract Bland Tract B2 will therefore have to be approved by the
grantor, the City of Naples, and Conservation Easement Holder.
(c) Nothing contained herein shall preclude undertaking any restoration or
mitigation on Tract Bl and Tract B2 as specified.in any permit issued by any
applicable government agency, included but not limited to United States
Army eorps of Engineers, Florida Department of Environmental Protection,
and Southwest Florida Water Management District, either before or after
conveying such property to the City of Naples.
(8) During the Environmental Resource Permit (ERP) process with State and Federal
agencies, Hamilton Harbor will provide a flushing model and report, spill
containment and cleanup plan, and will gather and present data establishing
ambient water quality conditions, and will provide a monitoring program
designed to ensure applicable standards are maintained, in accordance with Sec.
114-134 eity of Naples eomprehensive Development eode, and provide a copy
oftbe report to the eity of Naples Natural Resources Director.
(9) The endangered species protections contained within the County's Growth
Management Plan and Land Development eode shall control and be applied to
development occurring within that portion of the Subject Property lying within
the county, including the Manatee Protection Plan and the manatee protection
criteria set forth in the eounty's Growth Management Plan and Land
Development Code as of December 3,2002.
Agenda Item No. 17 A
5f7f20Ct.4- 113331 vw:Ott-............. June 8, 2004
CAMJ 57 of 59
NQ229.011~ PPtJD.. 2011)1
23
,-
SECTION VIII
PD Land Use District Map
Legal sketch and deseription of Tracts A, Bl & B2
-,
,-,
Agenda Item No. 17 A
5/Tf2l>>4.. " 3331 Ver. 0'''' A.*lIdna June 8, 2004
c-. 58 of 59
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