Agenda 04/26/2005 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
April 26, 2005
9:00 AM
Fred W. Coyle, Chairman, District 4
Frank Halas, Vice-Chairman, District 2
Donna Fiala, Commissioner, District 1
Tom Henning, Commissioner, District 3
Jim Coletta, Commissioner, District 5
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO
SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE
PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO,
ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE
SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS
PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF
THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY
AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME
IS ADJUSTED BY THE CHAIRMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO
PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE
PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112,
(239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
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1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Co-Minister Albert Wingate, Unity of Naples Church
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte
Disclosure provided by Commission members for summary agenda.)
B. March 22, 2005 - BCC/Regular Meeting
C. March 25, 2005 - BCC/Concurrency Workshop
D. March 31, 2005 - BCC/Beach Access Workshop
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. 20 Year Attendees
1. Jeffrey Kucko, Building Review and Permitting
2. Walter Suttlemyre, Building Review and Permitting
B. 25 Year Attendees
1. Allen Madsen, Tourism
4. PROCLAMATIONS
A. Proclamation to designate the week of April 25 through April 29, 2005 as the 26th
Anniversary of the Know Your County Government Week. To be accepted by students
Lee Davidson and Esther Anofils.
B. Proclamation to designate May 9th through May 13th, 2005 as Tourism Week in Collier
County. To be accepted by Jack Wert, Collier County Tourism Director.
C. Proclamation to designate the month of April 2005 as Child Abuse Prevention Month. To
be accepted by Sharon Winkelmann, Youth Haven.
D. Proclamation to recognize the week of May 6 through 12,2005 as Nurses Week 2005. To
be accepted by Crystal Campbell, ARNP, and Karen Rollins, MS, RN.
E. Proclamation to recognize the Collier County Medical Society and the Physician Led
Access Network of Collier County. To be accepted by Ms. Lauren Leifer, Executive
Director for Physician Led Access Network of Collier County.
F. Proclamation to designate May 14th as a Day of Grace. To be accepted by Matt and
Bess Raulerson, parents of Emma Grace, who died of a rare chromosomal disorder
called Trisomy.
G. Proclamation to recognize April 26, 2005 as Naples Sharks U-14 Boys Soccer Team Day.
To be accepted by Michael Pettit, Chief Assistant Collier County Attorney, the soccer
team, and Coach Mark Wilkinson.
H. Proclamation to designate April 26, 2005 as Publix Supermarket's Charities and Publix
Supermarket Employees Day. To be accepted by Ernie Bretzmann on behalf of United
Way.
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5. PRESENTATIONS
A. Recommendation to recognize Patricia Clemens, Special Needs Technician, Bureau of
Emergency Services, as Employee of the Month for April 2005.
6. PUBLIC PETITIONS
A. Public Petition request by P J Noe to discuss suggestion regarding child
endangerment, animal abuse, property depreciation and Sheriff Don Hunter's deputy
expenses.
Item 7 and 8 to be heard no sooner than 1:00 D.m.. unless otherwise noted.
7. BOARD OF ZONING APPEALS
A. This item requires that all participants be sworn in and ex parte disclosure be provided
by Commission members. CU-2004-AR-5746 Jesse J. Hardy represented by Richard H.
Thompson, P.E, requesting Conditional Use #1 of the "A" Rural Agricultural District for
excavation of ponds in conjunction with the permitted use of Aquaculture. The property
is located approximately two miles south of 1-75 and one mile east of Everglades
Boulevard, in Section 16, Township 50 South, Range 28 East, Collier County, Florida,
and consists of 160± acres.
8. ADVERTISED PUBLIC HEARINGS
A. Recommendation to approve a millage rate increase from 3 to 4 mil for the Forest Lakes
Roadway and Drainage Municipal Services Taxing Unit(MSTU).
B. Request this item to be continued to the May 10, 2005 BCC meeting. This item requires that
all participants be sworn in and ex parte disclosure be provided by Commission members.
PUDZ-2004-AR-6258, Elias Brothers Communities at Palermo Cove, Inc., represented by
Dwight Nadeau, of RWA, Inc., and Chuck Basinait, of Henderson, Franklin, Starnes & Holt,
P.A. requesting a rezone from the Agriculture zoning district to the Residential Planned
Unit Development (RPUD) zoning district to be known as Palermo Cove PUD, consisting of
131 acres and a maximum of 524 residential dwelling units. The property is located north of
Wolfe Road, west of Collier boulevard (CR 951), in Section 34, Township 48 South, Range
26 East, Collier County, Florida
C. This item requires that all participants be sworn in and ex parte disclosure by provided by
Commission members. PUDZ-A-2004-AR-6142 Naples Syndications, LLC, represented by
Karen Bishop of PMS Inc. of Naples, requesting a rezone from "PUD" to "PUD" Planned
Unit Development known as Warm Springs PUD by revising the PUD document and Master
Plan by increasing the allowed dwelling units by 290 units to a maximum of 540 units, a
density increase from 2.1 units per acre to 4.52 units per acre; to show a name change
from Nicaea Academy PUD; and reflect the PUD ownership change. The property is located
on the east side of Collier Boulevard, approximately one mile south of Immokalee Road, in
Section 26, Township 48 South, Range 26 East, Collier County, Florida, consisting of 119±
acres.
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Collier County Code Enforcement Board.
B. Appointment of members to the Immokalee Enterprise Zone Development Agency.
C. Commissioner Henning's request to discuss and identify additional funding for off-season
tourism advertising.
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10. COUNTY MANAGER'S REPORT
A. This item has been continued from the March 22, 2005 BCC Meeting to the April 12, 2005
BCC Meeting and has been further continued to the April 26, 2005 BCC Meeting.
Recommendation to approve Resolution 2005-_ creating the Habitat Conservation Plan
Advisory Committee. (Joseph K. Schmitt, Administrator, Community Development)
B. Recommendation to approve three (3) funding agreements with the South Florida Water
Management District for a total amount of $990,000.00 providing assistance with design
and construction of four (4) Stormwater Improvement Projects. (Norman Feder,
Administrator, Transportation Services)
C. Presentation of the three final proposed designs for the Collier County Freedom Memorial.
D. This item to be heard at 10:30 a.m. This item continued from the April 12, 2005 BCC
Meeting. Recommendation to approve, and authorize the Chairman to sign: (1) an Interlocal
Agreement with The Board of Supervisors of the Ave Maria Stewardship Community
District, whereby Collier County agrees to reserve to the District sufficient capacity on
Collier County's road public facilities to complete the build-out of the Town of Ave Maria,
and (2) a Developer Contribution Agreement with Ave Maria Development LLLP, wherein
the County has agreed to accelerate the widening of 011 Well Road from Immokalee Road
to Camp Keais Road, in exchange for the donation of an estimated $7,800,000 in right of
way and other substantial considerations. (Norman Feder, Administrator, Transportation
Services)
E. Recommendation to authorize county staff to purchase Ironwood Golf Course at auction in
an amount not to exceed $1,100,000. (Marla Ramsey, Administrator, Public Services)
F. Recommendation that the Board of County Commissioners approve a budget amendment
in the amount of $842,700 for funds from the Federal Transit Administration for the Collier
Area Transit system. (Norman Feder, Administrator, Transportation Services)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY
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. Recommendation to approve an Agreement for Sale and Purchase with Juniace
Senecharles for 1.14 acre under the Conservation Collier Land Acquisition Program, at a
cost not to exceed $30,850.
2. Recommendation to approve an Agreement for Sale and Purchase with Robert C. Malt for
83.18 acres under the Conservation Collier Land Acquisition Program, at a cost not to
exceed $4,781,080.
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3. Recommendation to approve Resolution 2005-__ approving a Target Protection Areas
outreach mailing strategy for Conservation Collier's third property selection cycle.
4. Recommendation to grant final approval of the roadway (public) and drainage
improvements for "Whippoorwill Lane (from Pine Ridge Road, South to Stratford Place
entrance"). The roadway and drainage improvements within the right-of-way will be
maintained by Collier County.
5. Petition CARNY-2005-AR-7495, Fred Hollingsworth, President, Three Ring Entertainment,
Inc., d/b/a Holly Bros. Barney and Bidwell Circus, requesting a permit to conduct a circus
from May 9,10, and 11, 2005, at the Immokalee Regional Airport located at 165 Airpark
Boulevard.
6. Recommendation to approve for recording the final plat of "Coco Lakes Estate Homes".
7. Recommendation to approve for recording the final plat of "Independence Phase Two",
approval of the standard form Construction and Maintenance Agreement and approval of
the amount of the performance security.
B. TRANSPORTATION SERVICES
1. Recommendation to approve Supplemental Agreement No.2 in the amount of
$161,147.50 for Additional Engineering, Permitting and Post Design Services to be
provided by Agnoli, Barber, & Brundage, Inc., for relocating the entrance and access
road to the Collier County School District Bus Facility, designing a pathway on the north
side of the roadway and to provide Post Design Services for the six-Ianing of Rattlesnake
Hammock Road from Polly Avenue to Collier Boulevard at this time, Project No. 60169.
2. Recommendation to approve submittai of a Hazard Mitigation Grant to the Federal
Emergency Management Agency, Department of Homeland Security for Traffic Signal
Mast Arm Rebuilds at Vanderbilt Beach Road at Vanderbilt Drive; Vanderbilt Drive at
111th Avenue North; Seagate Drive at West Boulevard; Pine Ridge Road at Pine Ridge
Middie School, and Golden Gate Parkway at Naples High School in the amount of
$375,511.
3. Recommendation to adopt a resolution authorizing the acquisition by gift or purchase of
fee simple interests and/or those perpetual or temporary easement interests necessary
for the construction of roadway, drainage and utility improvements required for the four-
lane expansion of County Barn Road from Davis Boulevard to Rattlesnake Hammock
Road. (Capital Improvement Element No. 33, Project No. 60101). Estimated fiscal impact:
$1,895,000.00.
4. Recommendation to approve award of a construction contract with Bonness, Inc. for
intersection improvements in the amount of $519,276.07 on Golden Gate Boulevard at
Everglades Boulevard, Bid No. 05-3802.
5. Recommendation to approve advertisement for bids to construct the six-Ianing of
Rattlesnake Hammock Road, from Polly Avenue to Collier Boulevard, Project No. 60169
at an estimated construction cost of $20 million.
6. Recommendation to award bids and approve the Annual Agreements for Title
Commitments and Real Estate Closing Services and authorize the Chairman to execute
same on behalf of the Board.
7. Recommendation to approve submittal of a Florida Forever (FF-5) Grant to the Florida
Communities Trust for the Gordon River Water Quality Park in the amount of $8,600,000.
8. Recommendation to approve Change Order No.5 to Contract #04-3651 with Hannula
Landscaping, Inc., for Livingston Road (Radio Road to Pine Ridge Road) Landscape
Beautification (Project No. 600714) in the amount of $148,470.33.
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9. Recommendation that the Board of County Commissioners (1) approve a Resolution
authorizing the Chairman of the Board of County Commissioners to execute a Local
Agency Program Agreement with the State Department of Transportation in which Collier
County would be reimbursed up to $586,500 of the total estimated cost of $702,000 for
the design and installation and construction engineering inspection of two prefabricated
bicycle and pedestrian Bridges on Vanderbilt Drive; (2) authorize the advance of the
$586,500 plus the additional non-refundable project cost of $115,500 from the Gas Tax
Fund; and (3) approve future fiscal year annual costs of bridge maintenance and all
necessary budget amendments.
C. PUBLIC UTILITIES
1. Recommendation to adopt a Reso.lution to approve the Satisfaction of Lien for a Solid
Waste residential account wherein the County has received payment and said Lien is
satisfied in full for the 1992 Solid Waste Collection and Disposal Services Special
Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien.
2. Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid
Waste residential account wherein the County has received payment and said Lien is
satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special
Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien.
3. Recommendation to adopt a Resolution to approve 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 Services Special
Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien.
D. PUBLIC SERVICES
1. Recommendation to approve a Lease Agreement with Vanderbilt Properties, Inc. for use
of vacant land to be used for temporary parking and a construction staging area without
cost to the County.
2. Recommendation to approve the Older Americans Act Disaster Relief Program contract
in the amount of $3,500,000 between Collier County Board of County Commissioners and
Area Agency on Aging for Southwest Florida, Inc. d/bfa Senior Solutions of Southwest
Florida and authorize the Chairman to sign the agreement.
3. Recommendation to approve budget amendments to reflect an overall increase of
$11,928 in the Older Americans Act programs and authorize the Chairman to sign
contract amendment OAA.203.05 #001 between Collier County Board of County
Commissioners and Senior Soiutions of Southwest Florida DfB/A Area Agency on Aging.
4. Recommendation to approve Contract Amendment No.1, to Contract No. 03-3537,
"Tourism Development Council Marketing Services" with Paradise Advertising and
Marketing, Inc. to include the development of a strategic public relations program for the
Collier County Museums and the Naples Depot in the amount of $20,200.
E. ADMINISTRATIVE SERVICES
1. Recommendation to reject all proposals received under RFP 05-3747, Indoor Air Quality
Services.
2. Recommendation to approve usage of the School Board of Miami-Dade County Industrial
Equipment and Supplies Discount Bid (051-DD9) over the twenty-five thousand dollar
threshold for the purchase of hardware and related items for maintenance, operations
and repair.
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3. Recommendation to award RFP 05-3761, SAP Consulting Services to Rapidigm Inc. and
TUI Consulting Inc. (Estimated Annual Cost $150,000)
4. Recommendation to reject the award to Fort Bend of 25% sodium hydroxide on Bid 04-
3706-"Chemicals for Utilities" in the estimated annual amount of $59,850.00 and award
corrected annual estimate of $94,050.00 to Allied Universal Corporation.
5. Recommendation to award RFP No. 05-3799 for Process Mapping/Analysis Services in
the amount of $225,000.00.
6. Recommendation to approve submittal of a Hazard Mitigation Grant to the Federal
Emergency Management Agency, Department of Homeland Security for Retrofit of Collier
County Health Department Building H In an amount not to exceed $350,000.
F. COUNTY MANAGER
1. Approve an Out-of-Cycle FY2005 TDC Category "A" Grant Application and Tourism
Agreement with the City of Naples for Lowdermilk Park Parking Lot
Reconstruction/Restoration Project #90019 in the amount of $375,000.
2. Recommendation that the Board of County Commissioners Award RFP #05-3775 for
Environmental Consultant for Clam Bay Restoration to Turrell and Associates, Inc. in the
amount of $162,000.
3. Recommendation to approve an Interlocal Agreement between the North Naples Fire and
Rescue District and Collier County for an Advanced Life Support Engine Partnership
Program and approve the necessary Budget Amendment.
4. Recommendation to approve a one-year contract with HealthStream, Inc. to provide
Distance Learning Software for the Collier County Emergency Medical Services at a cost
of $28,080.
G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY
1. Recommenation to approve Contract Amendment A-2 involving Contract #03-3473
"Consultant Services for Preparation of a Land Development Overlay for
Bayshore/Gateway Triangle Community Redevelopment Area (CRA) District".
2. Board of County Commissioners adopt a Resolution to authorize expenditure of an
anticipated $500,000 United States Department of Agriculture Grant, and to authorize
expenditure of an anticipated $500,000 Florida State Rural Infrastructure Grant, both
grants to fund Phase I construction of a Surface Water Management Detention Pond
required at the Immokalee Regional Airport.
H. BOARD OF COUNTY COMMISSIONERS
1. Commissioner Halas requests Board approval for reimbursement for attending a function
serving a valid public purpose. Commissioner to attend the Naples Alliance for Children
Annual Advocacy Dinner and Apple Blossom Award ceremony on May 5, 2005 at the
Country Club of Naples. $35.00 to be reimbursed from Commissioner Halas' travel
budget.
2. Commissioner Frank Halas requests Board approval for reimbursement for attending a
function serving a valid public purpose. Commissioner attended the Marine Corps
League of Naples Annual Press Day Luncheon on April 20, 2005 at the Elks Lodge. $13.00
to be reimbursed from Commissioner Halas' travel budget.
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3. Commissioner Halas requests Board approval for reimbursement for attending a function
serving a valid public purpose. Commissioner to speak at the Naples Gulf Shore Rotary
meeting on May 4, 2005 at the Naples Beach Hotel. $15.00 to be reimbursed from
Commissioner Halas' travel budget.
4. Commissioner Halas requests Board approval for reimbursement for attending a function
serving a valid public purpose. Commissioner to attend the Economic Development
Council Membership Mixer hosted by Edison College on May 4, 2005 at Edison College
Collier Campus. $15.00 to be reimbursed from Commissioner Halas' travel budget.
I. MISCELLANEOUS CORRESPONDENCE
1. Miscellaneous Items to File for Record with Action as Directed.
J. OTHER CONSTITUTIONAL OFFICERS
1. Recommendation 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 dated March 19, 2005 through April 1 , 2005 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, Florida.
K. COUNTY ATTORNEY
1. Recommendation to approve the Offer of Judgment in the amount of $1000 as to Parcel
135 in the lawsuit styled Collier County v. Edward Olah, Trustee, et al., Case No. 96-1314-
CA (Rattlesnake Hammock Rd Four Laning Project 65021). (Fiscal Impact: $900)
2. Request by the Collier County Industrial Development Authority for Approval of a
Resolution Authorizing the Authority to Issue Revenue Bonds to be Used to Finance
Water and Wastewater Utility Facilities for Ave Maria Utility Company.
3. Recommendation that the Board of County Commissioners (1) Execute the Attached
Agreement Between the Department of Community Affairs and the Board of County
Commissioners Which Would Have the Effect of Allowing Variations for Plantation Island
(Unrecorded) Subdivision, Units One, Two and Three From the Big Cypress Area of
Critical State Concern Regulations as Implemented by Collier County Through its Growth
Management Plan and Land Development Code and (2) Direct That the Definition of the
Term "Variance" in the Land Development Code be Amended to Include Variations From
the Big Cypress Area of Critical State Concern Regulations as Implemented By the Land
Development Code.
4. Recommendation that the Board of County Commissioners authorize the employment of
a land use attorney and legal secretary to be dedicated to Community Development and
Environmental Services issues and approve the necessary budget amendments.
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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 QUASI-JUDICIAL 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. CU-2004-AR-6671 Boca Bargoons of Naples,
Inc., represented by Kelly Smith, of Davidson Engineering, Inc., requests approval
of a Conditional Use pursuant to Table 2 of Section 2.04.03 of the Land
Development Code, to allow permitted personal services, video rental or retail uses
(excluding drug stores), with more than 5,000 square feet of gross floor area in the
principal structure, in the C-3, Commercial Intermediate, Zoning District. The
property to be considered for the Conditional Use is located at 4403 Tamiami Trail
East, in Section 13, Township 50 South, Range 25 East, Collier County Florida. This
property consists of 2.53 +/-acres.
B. This item requires that all participants be sworn in and ex parte disclosure be
provided by Commission members. CU·2004-AR-6090 Collier County Public
Utilities represented by Brian Nelson, ASLA of Agnoli, Barber and Brundage, Inc.,
requesting a conditional use pursuant to Section 2.01.13.G.1 of the Land
Development Code for "Essential Services," more particularly identified as a
"Master Pump Station" in the Estates zoning district. The property is located south
of Immokalee Road, less than 1/2 mile west of Wilson boulevard on Tract 84, Unit
20, Golden gate Estates, in Section 28, township 48 South, Range 27 East,
consisting of 1.65 acres.
C. This item requires that all participants be sworn in and Ex Parte Disclosure be
provided by Commission members. PUDZ-2004-AR-6383, William L. Hoover,
Manager Catalina Plaza, LLC, represented by William L. Hoover, Hoover Planning &
Development, Inc. and Richard D. Yovanovich, Goodlette, Coleman, & Johnson,
P.A., requesting a rezone from Rural Agricultural (A) to Mixed Use Planned Unit
Development (MPUD) for a project known as the Carolina Plaza Mixed Use PUD to
allow a maximum of 64 dwelling units and 150,000 square feet of retail space and
office space. The subject property, consisting of 15.88+ acres, is located on the
north side of Vanderbilt Beach Road, approximately ".I. mile west of Collier
Boulevard, in Section 34, Township 48 South, Range 26 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
April 26. 2005
Item 7 A - The title should read: CU-2004-AR-5746. The Board of Trustees of the
Internal Improvement Trust Fund represented by the Florida Department of
Environmental Protection, requesting Conditional Use #1 of the "A" Rural
Agricultural District for off-site removal of earthen material in conjunction with the
permitted use of Acquaculture. The property is located approximately two miles
south of 1-75 and one mile east of Everglades Boulevard, in Section 16, Township
50 South, Range 28 East, Collier County, Florida, and consists of 160+/- acres.
(Staff request.)
Add Item 9D: Commissioner Coyle to discuss Growth Management Bill HB 1865
and SB 360.
Item 10E: Correction to the executive summary. Under Considerations, the third
paragraph should read: "The Clerk of Courts will conduct a foreclosure sale of
the property described in Exhibit A of the Final Judgment in Foreclosure on May
4, 2005. Board approval of this action will authorize Public Services Division
Administrator Marla Ramsey or Assistant County Attorney Jeff Klatzkow or their
designee to bid up to $1,100,000 on the property, pending receipt of two appraisal
values equal to or greater than (rather than "less than") the authorized purchase
amount. (Staff request.)
TIME CERTAIN ITEMS:
Item 1 OB to be heard at 10:00 a.m. Recommendation to approve three (3) funding
agreements with the South Florida Water Management District for a total amount
of $990,000 providing assistance with design and construction of four (4)
Stormwater Improvement Projects.
Item 10D to be heard at 10:30 a.m. Recommendation to approve and authorize the
Chairman to sign: (1) an Interlocal Agreement with the Board of Supervisors of
the Ave Maria Stewardship Community District, whereby Collier County agrees
reserve the District sufficient capacity on Collier County's road public facilities to
complete the buildout of the Town of Ave Maria, and (2) a Developer Contribution
Agreement with Ave Maria Development LLLP, wherein the County has agreed to
accelerate the widening of Oil Well Road from Immokalee Road to Camp Keais
Road, in exchange for the donation of an estimated $7,800,000 in right-of-way and
other substantial considerations.
Agenda Item No. 4A
April 26, 2005
Page 1 of 2
PROCL.AMATION
,,-..
WHEREAS, county government is a complex and multifaceted process which
affects the lives of all residents of Collier County: and,
WHEREAS, an increased knowledge of how various aspects of county
government work can enhance an individual's quality of life in
Collier County: and,
WHEREAS, it is desirable for all county residents to be knowledgeable of the
county's government and how it works: and,
WHEREAS, the League of Women Voters of Collier County, Collier County
University Extension/4-H Youth Development, and the Collier
County Public Schools have co-sponsored the Know Your County
Government Teen Citizenship program for 26 years: and,
WHEREAS, Know Your County Government Week was implemented to make
the understanding of County Government more accessible to our
community.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners
of Collier County, Florida, that the week of April 25-29, 2005,
be designated as
,,-...
THE 26TH ANNIVERSARY OF TJ-IE KNOW YOUR COUNTY GOVERNMENT WEEK
DONE AND ORDERED THIS 26th of April, 2005.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CJ-IAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
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Agenda Item No. 4A
April 26, 2005
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
4A
Proclamation to designate the week of April 25 through April 29, 2005 as the 26th
Anniversary of the Know Your County Government Week. To be accepted by students Lee
Davidson and Esther Anofils.
Meeting Date
4/26/20059:00:00 AM
Prepared By
Date
Kathleen Martinson
Administrative Aide to BCC
1/27/20051:21:06 PM
Board of County
Commissioners
BCC Office
Approved By
Sue Filson
Ex.ecutive Manager to the BCC
Date
Board of County
Commissioners
BCC Office
4/14/20051:36 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
4/15/200510:03 AM
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Agenda Item No. 48
April 26, 2005
Page 1 of 2
PROCLAMATION
WHEREAS, travel and tourism is the largest Industry throughout F/oridG. It
employs more than 890,700 people and produces more than $ð6.'
bill/on In revenue from tCIXab/e sales: and,
WHEREAS, the travel and tourism industry supports the vital IntCl'CSts of
Collier COUIIty, Florida and the United States, contributing over
2',000 jobs to our community, economic fJI'Osperity, peace,
understanding, and goodwill: and,
WHEREAS, 1.6 million visltof'S contributed nearly $1 billion to the economy of
Collier County In 2004: and,
WHEREAS, It is in the best Interest of Collier County citizens to Inform them
of the direct and indirect benefits of tourism: and,
WHEREAS, as tl'Gvelcrs become more aware of Collier County's outstanding
beaches, golf, shopping, restaurants, and natural, historic and
cultural activities, travel and tourism will become an Increasingly
Important aspect In the lives of our citizens: and,
WHEREAS, May 9-13, 200' Is being observed throughout the State of
Florida as National Tourism Week: and
WHEREAS, 9iven these contributions to the economic, social and cultural well
being of the citizens of Collier County, It is fitting that we
recognize the importtmCe of travel and tourism to our community.
NOW THEREFORE, be It proclaimed that the Board of County Commissiøncrs
wishes to acknowledge the contributions to the economy of Collier
County, Florida by the travel and tourism industry by designating
May 9-13, 200' as
TOURISM WEEK IN COLLIER COUNTY
and that this proclamation be acknowledged by the t;rcatcr
Naples, Marco Island, Everglades Convention «I Visitors Bureau at
their Third Annuøl Tourism Awards Luncheon on May 11, 2005.
OONE AND ORDERED THIS 26TH DAY OF APRIL 200'.
BOARt> OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIOA
FREt> W. COYLE, CHAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
Agenda Item No. 4B
April 26, 2005
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date
48
Proclamation to designate May 9th tllrough May 13th, 2005 as Tourism Week in Collier
County. To be accepted by Jack Wert. Collier County Tourism Director.
4/26/2005 9:00:00 AM
Item Number
Item Summary
Prepared By
Date
Kathleen Martinson
Administrative Aide to BCC
3/11/200511:40:16 AM
Board of County
Commissioners
Bce Office
Approved By
Sue Filson
Executive Manager to the BeC
Date
Board of County
Commissioners
BCC Office
3/11/20053:05 PM
Approved By
James V, Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
4/14/200512:17 PM
..._-_.~,."
Agenda Item No" 4C
April 26, 2005
Page 1 of 2
PROaAMATION
~
WHEREAS, every child in our community of Naples in Collier County is
a precious gIft, fuD of promise aDd potentIal; and,
WHEREAS, chlld abuse and neglect Is a serIous problem In Collier
County aDd across our nations; and,
WHEREAS, the prevention of chUd abuse Is crucial to the preservation
of the health and weD- beIng of famIlies In Collier and is
being accompUshed by Youth Haven" programs that provIde
support and Information to famIlies as weD as community
awareness; and,
WHEREAS, aD children learn from role models at home, at their place
of worship, at school and In their communities aDd aD
chUdren benefit from the love and leadership displayed by
caring and responsible adults; and,
WHEREAS, children are our most prevIous resource and we at Youth
Haven are committed to keepIng the children who lIve In
our community safe aDd happy.
NOW, THEREFORE, the Board of County Commissioners of CoHler
County, Florida hereby designate April 2005 as
-
an W ABUSE PREVENTION MONTH
and caD this observance to the attention of aH in our
community.
DONE AND ORDERED this 26tb Day of April 2005.
BOARD OF roUNTY CDMMISSIONERS
roul ER roUNTY, FLORIDA
FRED W. COYlE, ŒAlRMAN
A TTES T:
------------------------
DWIGHT E. BROCE; aÆRK
~
Agenda Item No. 4C
April 26, 2005
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date
4C
Proclamation to designate the month of April 2005 as Child Abuse Prevention Month. To
be accepted by Sharon Winkelmann, Youth Haven.
4/26/2005900:00 AM
Item Number
Item Summary
Prepared By
Date
Kathleen Martinson
Board of County
Commissioners
Administrative Aide to Bce
4/11/20052:43:12 PM
BCC Office
Approved By
Sue Filson
Executive Manager to the BCC
Date
Board of County
Commissioners
BCC Office
4/13/200511:33 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
4/14/200512:42 PM
Agenda Item No. 4D
April 26, 2005
Page 1 of2
PROCLAMATION
--
WHEREAS. Z.Z million registered nurses in the United States comprise our nation's largest
health care profession with as many licensed practical nurses: and,
WHEREAS, the depth and breadth of the nursing profession is rMcting the different and
emerging healthcare needs of the ArMrican population in a wide range of
settings: and,
WHEREAS. nurses education and holistic focus promotes restoration and maintenance of
health in the individual and family: and,
WHEREAS, the American Nurses Association, as the voice for the registered nurses of this
country, is working to chart a new course for a healthy nation that relics on
increasing delivery of primary care: and,
WHEREAS, a renewed emphasis on primary and preventative healthcare will require better
utilization of all of our nation's nursing resources: and,
WHEREAS. professional nursing has been demonstrated to be an indispensable component in
the safety and quality of care of hospitalized potients, and,
WHEREAS, the demand for nursing services will be greater than ever because of the aging
of the continuing growth of life-sustaining technology, and the explosive growth
of home health services, and,
WHEREAS, more quolified registered rNJrses will be noded in the future to mot the
increasingly complex needs of healthcare in this community, and.
WHEREAS. the cost-effective. safe, and quality healthcare services provided by nurses will
be and ever more important component of the US health care delivery system in
the future. and,
.....-
WHEREAS, along with the ArMrican Nurses Association, the Florida Nurses Association has
declared the week of May 6-12 as Nurses Week 2005 with the therM.
"Nurses: Many Roles, One Profession" in ce/ebrotion of the ways in which
nurses strive to provide safe and high quality potient care and map out the way
to improve our healthcare system.
NOW THEREFORE, be it proclairMd by the Board of County Commissioners of Collier County.
Florida that the Board of County Commissioners ask that all the residents of
this community, join rM in honoring the nurses who care for us: and the
residents of this county celebrate nursings accomplishments and efforts to
improve our healthcare system and show our appreciation for the nation's
nurses, not just during this tirM, but at every opportunity throughout the
year.
OONE ANO OROEREO THIS 26t1r of April 2005
BOARO OF COUNTY COMMISSIONERS
COLLIER COUNTY, FL.ORIOA
FREO W. COYL.E, CHAIRMAN
ATTEST:
............
OWIGHT E. BROCK. CL.ERK
Agenda Item No. 40
April 26, 2005
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date
40
Proclamation to recognize the week of May 6 through 12, 2005 as Nurses Week 2005. To
be accepted by Crystal Campbell, ARNP, and Karen Rollins, MS, RN.
4/26/2005 9:00:00 AM
Item Number
Item Summary
Prepared By
Date
Kathleen Martinson
Administrative Aide to eee
4/14/200510:28:10 AM
Board of County
e ommissioners
BCC Office
Approved By
Sue Filson
Board of County
Commissioners
Executive Manager to the eec
Date
BCC Office
4/14/2005 1 :22 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
4114/2005 7:35 PM
Agenda Item No. 4E
April 26, 2005
Page 1 of 2
PROCLAMA TION
,-
WHEREAS, the 2004 Florida Health IfI$urance Study indicated that the number of
uninsured in southwest Florida is 24.4')(, of the populatiOf! under the age of
65, estimated to be one of the highest In the state: and,
WHEREAS, Collier County Government has undertaken a number of workgroups to
develop a response to the large number of unifl$ured who seek access to
health care, most recently the Health and Human Services Advisory
Council Chaired by Commissioner Coletta; and,
WHEREAS, the Board of County CommissiOf!ers strongly supported the use of existing
resources to leverage additional state and federal funds for the creation
of the Horizon's Health Clinic located in Golden Gate City, in order to
provide access for primary care for low income individuals: and,
WHEREAS, physicians of Collier County seek to bring equal access to health
care for the benefit of the community; and,
WHEREAS, Naples Community Hospital, Cleveland Clinic, Collier Health Services, Oavid
Lawrence Center, HMA, Senior Friendship Center, Collier County Health
t:>epartment, Collier County Human Services Oepartment, Collier County
Medical Society, and private physicians in the community are represented
as directors of a not-for-profit organizatiOf! that seeks to develop a
network of physician led access to healthcare through a systematic
volunteering of resources.
.--.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier
County, Florida, that its gratitude and appreciation be extended to the
Collier County Medical Society and the Physician Led Access Network of
Collier County for their support of providing care to the
underserved/uninsured of Collier County.
DONE AND ORDERED THIS 26th of April 2005.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
,,--.
Item Number
Item Summary
Meeting Date
Approved By
Sue Filson
Board of County
Commissioners
Agenda Item No. 4E
April 26, 2005
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
4E
Proclamation to recognize the Collier County Medical Society and the Physician Led
Access Network of Collier County. To be accepted by Ms. Lauren Leifer, Executive
Director for Physician Led Access Network of Collier County.
4/26/2005 9:00:00 AM
Executive Manager to the BCe
Date
Approved By
Bec Office
4/14/2005 4:16 PM
James V. Mudd
Board of County
Comm issìoners
County Manager
Date
County Manager's Office
4/14/2005 7:37 PM
Agenda Item No. 4F
April 26, 2005
Page 1 of 2
PROCLAMA ¡ION
---
WHEREAS, Matt & Bess Raulerson have established an Annual Oay of Grace
Golf Classic & Charity Auction to be held this year on May 1.fh, in
honor of their daughter, Emma Grace, who was born with a rare
chromosomal disorder called Trisomy 18 and who lived only 13
days: and,
WHEREAS, Trisomy 18 is so rare that there is very little research about it:
and,
WHEREAS, Matt and Bess founded this annual event in order that the
proceeds could be used to change the future of other families by
funding research for the Trisomy 18 Support Foundation and for
the Support Organization for Trisomy 13, 18 and Related
Oisorders: and,
WHEREAS, Matt & Bess will donate this year's proceeds to both organizations
and to Noah's Never Ending Rainbow, another organization that
supports families & children dealing with Trisomy disorders, again,
as they did the $18,000 from last year's event.
~
NOW ¡HEREFORE, be it proclaimed by the Board of County Commissioners
of Collier County, Florida that May the 14th, 2005 shall be
proclaimed the
OA Y OF GRA CE
in hopes of bringing more attention to this heartbreaking disease
and in recognition of the Raulerson family's effort to make a
positive contribution to their community by aiding others.
OONE ANO OROEREO ¡HIS 26th of April 2005.
BOARO OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIOA
FREO W. COYLE, CHAIRMAN
ArrES¡:
OWIGH¡ E. BROCI( CLERK
.---
Item Number
Item Summary
Meeting Date
Approved By
Sue Filson
Board of County
Commissioners
Agenda Item No. 4F
April 26, 2005
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
4F
Proclamation to designate May 14th as a Day of Grace. To be accepted by Matt and Bess
Raulerson, parents of Emma Grace, who died of a rare chromosomal disorder called
Trisomy.
4/26/20059:00:00 AM
Executive Manager to the BCe
Date
Approved By
BCC Office
4/15/20059:55 AM
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
4/15/200511:40 AM
--"'---
--
,"--'
,,--.
_'__'^~__."..'''''''''-''''''1t.,....,...,_"..."."'.
Agenda Item No, 4G
April 26, 2005
Page 1 of 2
PROCL.AMATION
WHEREAS, the Naplcs Youth Soccer Club's U-14 Boys Socccr Team, the
Sharks, has won thc Florida Youth Soccer Association's 2005
Rcgion C Cup and Presidcnt's Cup Tournaments: and,
WHEREAS, Region C has teams from a geographic area of 12 Florida
Counties ranging from Collier north to Hernando, and President's
Cup is a tournament pitting the winners of each of the Florida
Youth Soccer Association's four regions against one another: and,
WHEREAS, the U-14 Boys won President's Cup by defeating the Pensacola
Futbal/ Club and Treasure Coast United Soccer Club each by a
score of 3-0: and,
WHEREAS, this is the first time since the early 1990s that any Naples
Sharks team of any age has won President's Cup: and,
WHEREAS, the U-14 Boys have now carncd the right to rcpresent the State
of Florida in the Region III Director's Cup in L.ittle Rock,
Arkansas from J'une 17-J'une 19, 2005, where they will play
teams from Texas, Oklahoma, Alabama, Mississippi, North
Carolina, South Carolina, Tennessee, Georgia, and L.ouisiana: and,
WHEREAS, the U-14 Boys have been guided by their respected coach, Mark
Wilkinson, and supported by their families throughout a long and
tough soccer season that began in September 2004.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners
of Collier County, Florida that April 26, 2005 be designated as
NAPLES SHARKS U-14 BOYS SOCCER TEAM DAY
DONE AND ORDERED THIS 26TH DAY of APRIL., 2005
BOARD OF COUNTY COMMISSIONERS
COL.LIER COUNTY, FL.ORIDA
FRED W. COYL.E, CHAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
Item Number
Item Summary
Meeting Date
Approved By
Sue Filson
Board of County
Commissioners
Agenda Item No. 4G
April 26, 2005
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
4G
Proclamation to recognize April 26, 2005 as Naples Sharks U-14 Boys Soccer Team Day.
To be accepted by Michael Pettit, Chief Assistant Collier County Attorney, the soccer team,
and Coach Mark Wilkinson.
4/26/20059:00:00 AM
Executive Manager to the BCC
Date
BCC Office
4/15/20059:53 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
4/15/200511:39 AM
Agenda Item No. 4H
April 26, 2005
Page 1 of 2
PROCLAMA iION
1"""-"
WHEREAS, the United Way of Collier County has funded qualified non-profit
essential health and human services for the benefit of the
citizens of Collier County: and,
WHEREAS, the financial support received by the United Way of Collier
County remains in Collier County and benefits approximately
100,000 residents of Collier County: and,
WHEREAS, the support of the United Way of Collier County comes from all
facets of the community including individuals, businesses large
and small, employees of local and state government, and schools:
and,
WHEREAS, of these funding partners, Publix Supermarkets' Charities and
the employees of Publix Supermarkets for over ten years have
been the United Way's largest contributor. This year alone giving
$603.000 to the United Way, thus directly benefiting the people
of Collier County: and,
WHEREAS, the Board of County Commissioners, together with the United
Way of Collier County, gratefully acknowledge the support of the
Publix Supermarkets' Charities and the employees of Collier
County's Publix Supermarkets.
-
NOW THEREFORE, be it proclaimed by the Board of County Commissioners
of Collier County, Florida that April 26m be designated as
PUBLIX SUPERMARKETS' CHARITIES ANO PUBLIX SUPERMARKET' EMPl.OYEES OA Y
DONE ANþ ORDERED THIS 26TH Day of 2005.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
~
.~,~___~. w ........____~.'_ ~___'..,__..".... "
Item Number
Item Summary
Meeting Date
Agenda Item No. 4H
April 26, 2005
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
4H
Proclamation to designate April 26, 2005 as Publix Supermarket's Charities and Publix
Supermarket Employees Day. To be accepted by Ernie Bretzmann on behalf of United
Way.
4/26/20059:00:00 AM
Prepared By
Date
Kathleen Martinson
Board of County
Commissioners
Administrative Aide to BCC
4/20/20058:11:01 AM
BCC Office
Approved By
Sue Filson
Board of County
Commissioners
Executive Manager to the BCC
Date
Approved By
BCC Office
4/20/20058:23 AM
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
4/20/20059:28 AM
".-------
Agenda Item No. 5A
Apríl 26, 2005
Page 1 of 2
,-
EXECUTIVE SUMMARY
Recommendation to recognize Patricia Clemens, Special Needs Technician,
Bureau of Emergency Services, as Employee of the Month for April 2005
OBJECTIVE: To recognize Patricia Clemens as Employee of the Month.
CONSIDERATIONS: There is no one more deserving of this prestigious award than Patti
Clemens. Her extraordinary everyday efforts and her unequalled expertise in ensuring the well
being and safety of over 1400 Patients with Special Needs (PSN) during last year's hurricane
season, truly lived up to Collier County's Mission Statement of exceeding expectations.
During Hurricanes Charley, Frances, and Ivan, she worked virtually around the clock (an
average of 17 hours per day for 53 days) communicating with, finding suitable safe havens for,
and transporting these patients to the appropriate shelters. Hurricane Charley presented some
very unique challenges; in the early hours of the morning on 15 August, she received word from
four (4) separate nursing homes that they had lost power. These homes were in desperate
need of electrical sources to power many of their patients' oxygen concentrators. In a calm and
deliberate manner, she searched for and found four (4) alternate facilities, utilizing the County
Community Centers. Patti arranged and coordinated transportation for over two hundred (200)
patients, and ensured a smooth and somewhat painless transition for our citizens in need,
,,-.
Her amazing efforts continued throughout these times of crisis and she always performed at her
best under intense pressure. She was faced with another potential disaster when four (4) other
nursing homes called to say that they were without air conditioning. Steadfast as always in
crucial situations, she coordinated the efforts to deploy generators, fans, and air coolers to
these locations in a matter of two (2) hours, once again alleviating the potential dangers that
could befall these frail and elderly patients.
Patti is also very generous with her time and enhances community relations by going out in the
community to give briefings to hospitals and nursing homes to provide guidance on how to
develop their own Disaster Safety Plans. Many of these visits are accomplished on her own
personal time, and during her most recent effort (December 10, 2004) she received a certificate
for her outstanding services to the Seniors and Law Enforcement Together (SALT) organization.
She is also heavily involved in her local Cub Scout program and is always a volunteer in fund
raising efforts for many of our local Community Emergency Response Teams (CERT).
Patti Clemens' untiring work ethic, in-depth job knowledge, people skills, and community spirit
has always been a very valuable asset to the Bureau of Emergency Services, Collier County
Government, and to the entire community.
FISCAL IMPACT: "Employee of the Month" selected receives a $150.00 cash award. Funds
for this award are available in the Department Budget Cost Center.
RECOMMENDATION: That Patricia Clemens is recognized as the "Employee of the Month" for
April 2005.
PREPARED BY: Dawn Ragone, Administrative Assistant, Human Resources Department.
.,-.
____...~._'_.a._'_'_........,...~·...,·..~....,· ,.
Agenda Item No. 5A
Aprì126,2005
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
5A
Meeting Date
Recommendation to recognize Patricia Clemens, Special Needs Technician, Bureau of
Emergency Services, as Employee of the Month for April 2005.
4/26/20059:00:00 AM
Prepared By
Date
Dawn Ragone
Administrative Assistant
4/6/20053:25:41 PM
Administrative Services
Human Resources
Approved By
Len Golden Price
Administrative Services Administrator
Date
Administrative Services
Administrative Services Admin.
4/13/2005 5:07 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
4/14/200511 :28 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4/14/2005 11 :54 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
4/14/200512:41 PM
-.-,.---
Agenda Item No. 6A
April 26, 2005
Page 1 of 3
--
;'\
COlllER COUNIY MANAGER'S OFF1CE
3301 East Tamiami Trail . Naples, FL 34112 . 239-774-8383 · Fax 239-774-4010
April 12, 2005
Ms. P. J. Noe
1060 Purple Martin Drive
Naples, FL 34120
Re: Public Petition Request to Discuss Suggestion Regarding Child Endangerment,
Animal Abuse, Property Depreciation and Sheriff Don Hunter's Deputy Expenses
Dear Ms. Noe:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of April 26, 2005, 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 wiH 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.
~
JamesV. MU~
County Manager
JVM/jb
cc: David Weigel, County Attorney
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Agenda Item No. 6A
April 26, 2005
Page 2 of 3
Apri115, 2005
Attn; Beth Jomuen
CounLy Manager's Oftice
Fax: 774-4010
Re: Suggestion regarding child endarvel'T18f1tt animslabuee, property
deprectiltion BOO Shlriff Don HLA1er's dep&ÁY expel'MS
Reference wi. be møde only slgtt!y to Ordinance 2Q00.88 at the April 26, 2005 meeti~. ThBr8 may be
other Ordll1llnces mentioned, aJ80, to a smaler deg..... Ther8 wil be . few brief suggeatlonI on IOI11Ø
points noticed by perlOnal observation with reference to a few ca. stucll... I do plan to keep this to 8
mlnlmUT1 of 5 minutes or "IS 80 as not to was. the Board', time.
Thank you for assuring me tis ntq\.Mt to wlce my COI1DltlT8 was placed on U. egenda for April 28,
2006. Again, please be 8S8tnd I will not take 81¥1101e time than nacesury.
Re8pectftJJly,
?J)'lP-
'PJ Nee
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td ~~:eø søee ~1 '~d~
I2IEI8I3£W£: : 'ON ~~
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FRCJ1 : PJN
FAX NO. : 34æB80
Apr. 12 20ØS~~erp/\Jo. 6A
Apri/26.2005
Page 3 of 3
April 12, 2005
Memo to: County Manager's Office
Atfermon: Judy
FaxNtmber. 774-4010
Dear Judy.
I woLtllke to req1.Ø8t the foIawing is&u& to be pit on
the agenda of the April 26. 2005 Board of Coariy Comrnlssior1ø(s
meetirtl·
"Suggestion regardil"G child endal1lermeÆ, arimsl abuse,
property depreciation and Sheriff Don ttner's depWy upenses.·
WoLJd you please be 80 kind as to fax me a confirmation that you
received this memo aloJtl with the time the meeting starta. I appreciate
yol6 etror1s in hetping me wtth ttis matter.o
Thank }OU wry much.
~
PJNoeI/~
1060 P&.rpIe Martin Dr.
Naples, FL 34120
Phone and Fax: 239-348-8880
EMail: rme4pjn3@ca.com
(PIe88e put reference in ALL CAPS.)
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Agenda Item No. 7 A
April 26, 2005
Page 1 of 164
SUPPLEMENTAL EXECUTIVE SUMMARY
CU-2004-AR-5746 The Board of Trustees of the Internal Improvement Trust Fund represented
by the Florida Department of Environmental Protection, requesting Conditional Use #1 of the
"A" Rural Agricultural District for excavation of ponds in conjunction with the permitted use of
Aquaculture. The property is located approximately two miles south of 1-75 and one mile east of
Everglades Boulevard, in Section 16, Township 50 South, Range 28 East, Collier County,
Florida, and consists of 160± acres.
SUPPLEMENTAL ANALYSIS:
Originally, this petition was scheduled to go before the November 30 2004 Board of County
Commissioners (BCe) hearing, but at the applicant's request the petition was continued to the January
11,2005 Board of County Commissioners hearing, then was continued to the February 22,2005 Board
of County Commissioners hearing which was then continued to the April 26, 2005 Board of County
Commissioners hearing agenda. Each of the rescheduling was requested of the applicant in relation to
the pending eminent domain case against the property by the State of Florida.
The eminent domain proceeding between the Florida Department of Environmental Protection (FDEP)
and Mr. Hardy reached a conclusion on April 13, 2005 with the issuance of a Stipulated Order of
Taking and Final Judgment. The Stipulated Order of Taking and Final Judgment established the public
purpose for the taking, established a time frame for when the property would transition ownership, and
set the parameters of activities that can transpire upon the property. The judgment stipulated that fee
simple title in and to the property shall vest with the State upon payment of $4,950,000. On April 14,
2005, the Collier county Clerk of Courts did receive a wire from the FDEP in the amount of
$4,950,000 and with this wire the title to the property now is sits with the State. The addendum to
Exhibit "A" of the Stipulated Order of Taking and Final Judgment contains the conditions associated
with the use of the property relating to Mr. Hardy and Aggrisource, the company excavating the site.
The second point of the addendum requires that all excavating activities cease immediately upon
deposit of funds in the Court Registry. The third point allows Mr. Hardy extended possession of the
property for residential purposes only through November 30, 2005. The fifth point grants extended
possession through November 30, 2005, to Aggrisource for the limited purposes of hauling off the
stockpile material already excavated on the property above ground, assuming Collier County Code
Enforcement Division agrees to allow these activities. The fifth point continues by stating that the
petitioner (the State) will use its best efforts to acquire cooperation from the County. The Addendum
to Mediated Settlement Agreement has established the parameters for the property as it transition in
use from Mr. Hardy to the State of Florida. It is this same agreement which indicates the State's desire
to allow for the off-site hauling of all stock piled material on-site and the time frame that this hauling
can take place. The original conditional use filed by Mr. Hardy for the property was for the off-site
hauling of material, not for the excavation itself. The excavation was related to a permitted use in the
Agricultural Zoning District and therefore was permitted by right. The circumstances of property
ownership have changed, but the expressed intent of the condition use has not and based upon this fact,
the petition for the conditional use is going forward. At the time of authoring this supplemental
executive summary (April 18, 2005), the County Attorneys Office has been working with CDES staff
CU-2004-AR-5746
Agenda Item No. 7 A
April 26, 2005
Page 2 of 164
to determine the legal procedures for the conditional use petition to continue while reflecting the
changing circumstances of ownership. These issues will continued to be explored through
conversations with staff, the County Attorneys Office, and the Florida Department of Environmental
Protection. The result of these dialogues will be disclosed at the April 26, 2005 BCC public hearing.
PREPARED BY:
Mike Bosi, AICP, Principal Planner
Zoning and Land Development Review
--
CU-2004-AR-5746
2
ttem Number
Item Summary
Meeting Da1e
Agenda Item No. 7 A
April 26. 2005
Page 3 of 164
COLLJER COUNTY
BOARD OF COUNTY COMMISSIONERS
7A
This Item requires that aU partfC! Hmts be sworn in and ex p8rte disclosure be provided by
Commission rnemb~rs_ CU-2004-AR-5746 Jesse J. Hardy repr~sel1led by Richard H.
ThompSOtl, P,E, reque¡!Ìt'9 Conditional Use #1 of the· g Rural Agricultura! Districl for
e:xcavatiol'1 of ponds In conjunction with the permitted use of Aquaculture_ The prDperty' is
located approximately two mi¡e~ south of I-n and one mile east of EvergJad~s Bou!evard,
in S~I::tiQn 16, Tawnship 50 South, Range 28 East, CoWer County. Florida, and r;.onsists. of
160± acres
4126/20059.0000 AM
Prepa"'" By
4;6/20052:53:01 PM
Mike Bosi, Ale?
Communrty Development &
Environmental Services.
Dati!
Principal Planner
Z(mìng &. LlII\d Or.velo,nnent R[w¡j~W
Dat~
Approved By
M¡k~ 80si, AICP
Communi1y DevelQpment &
Environmental Ser'ljce~
PrilU~iJ1nl Pll1noc.r
ZonIng & land DevelQpment Review
.f6/2005 2:36 PM
Date
Approved By
Sandra Lea
Community Devc oprmm1 8.
Environmentõ.ll Senlict>s
Executive Secretary
Community De-'Ielopml!'nt...
Envlfonnwn1al S4Ir\lÎCM Admin,
4/S/ZOOS 9:0Z AM
Date
Approved By
Ray Bellows
Comn'Junity Development &
Environmental ServìçÐs
Chief Plarmer
Z(¡fling ... L¡I"d Df!veklftrnent Rf!ovil!'w
4/11:200510:2<1- AM
Datt!
Approved B)'
SUs.an Murray. hlC!"
Community Development &
Environmental Ser'Jice~
ZoniUH &. L<lnd Dttvf~JI)"mt!"t Dín~:tot
loning & Land Development Rcvi.ew
4!11/200510:41 AM
Date
Approved By
Donald L Scott
Trnnsportìon Servkes
Transportation Planning DirÐctor
Tral1!1.portatiol1 PI.nnittg
4/12/2'00510:56 AM
Date
Approved By
Norm E. Fr.-neT, AICP
Trans(lortion Secr\l¡(:~!ô
Tuns.portatìon ~ivision Administrator
Tt,Jl11iþCHt<ltion Sl~rvìr.t~s Admin,
4!13i200S 2:10 PM
DatU'
Approved By
JDsp.ph K. Schmitt
Communrty D~velopment &.
Environmental Services
Cbn\munìty Df!Vf:luplnent &
Environmental ServicEs- Adminstra'or
Community Development &
EnvironmEntal Services Admin,
"'!13l2oo6 1:29 PM
a;at~
Approved By
Marjori/!! M, Studtmt
County Attorney
As.!li,.tlmt CountV Attomt\y
Count)' Attorney Offic:e
4114/2005 ~:56 AM
Date
Approved By
OM8 Coordinalor
County Manager's atfic:f:
Administrative Assistant
Office (If M¡WHIIUfrtf:l,t & BlJdgC!t
41141200511 :27 AM
Date
Approved By
Mark Isackson
County Managl:!r's Office
Budget Analyd
OUice of Management & Budget
4ì181200S 11 :Q4 AM
Dnte
Approved By
Mìçhael Smyjc( wsk¡
County Manager's Office
Mana!J~I'(wnt & Budg(~t Oimdo'
Offic.e of Manag!m1ent & Budge:t
4;18/20055:03 PM
Date
Approved By
Jnme~ V. Mudd
Bnard (If County
Cnmmh,3;ionl!"·!;
County Man'l!Jer
County Manager's Office
4/1 ßf2QOE,i 6:51 PM
.---
Agenda Item No. 7 A
April 26, 2005
Page 4 of 164
EXECUTIVE SUMMARY
CU-2004-AR-5746 Jesse J. Hardy represented by Richard H. Thompson, P.E, requesting
Conditional Use #1 of the "A" Rural Agricultural District for excavation of ponds in
conjunction with the permitted use of Aquaculture. The property is located approximately
two miles south of 1-75 and one mile east of Everglades Boulevard, in Section 16, Township
50 South, Range 28 East, Collier County, Florida, and consists of 160± acres.
OBJECTIVE:
Staff is requesting that the Board review staff s findings and recommendations along with the
recommendations of the Collier County Planning Commission (CCPe) regarding the above
referenced Conditional Use petition and render a decision regarding the petition.
CONSIDERATIONS:
The petitioner seeks a Conditional Use in the Agricultural zoning district for the continuation of
the existing earth mining operation. The applicant is seeking to ultimately develop an
aquaculture facility (a permitted use within the Agricultural zoning district) consisting of four
lakes, but before the aquaculture facility can be made operational, the lakes need to be excavated.
The Conditional Use for an earth mining operation is dictated by the Agricultural Zoning District
due to the fact that the amount of material to be removed from the site will exceed 4,000 cubic
yards. The total amount of material to be excavated for the project is expected to be 1,785,667
cubic yards. As noted, this is an existing earth mining operation, which was approved by the
Board of County Commissioners (BCe) on March 13,2001, through Resolution No. 01-89.
Resolution 2001-89, which authorized the project in March of2001, placed a time limit of three
years from the date of issuance of the Agricultural Clearing Permit or upon completion of phase
one, whichever occurs first. This condition also required that the applicant commence a bona
fide aquaculture activity on site for all the completed lakes. Staff feels these time limits where
imposed to ensure that the excavation and hauling associated with the project, authorized in a
NRP A only in relation to the agricultural activity of aquaculture, were the true intentions of the
applicant. Staff believes that these same concerns are present and requested that a similar
condition of approval be associated with this Conditional Use application to the Collier County
Planning Commission during the October 26, 2004 hearing, as expressed in condition of
approval number five.
The applicant must commence a bona fide aquaculture activity on phase one, the first completed lake,
within 24 months from the date of approval. If a bona fide aquaculture activity has not commenced at the
end of this 24-month time period, the Board of Zoning Appeals, through the Conditional Use Re-review
process, shall review the project for compliance with the conditions of approval and applicable
provisions of the Collier County Land Development Code. If a bona fide aquaculture activity has
Page 1 of 6
Agenda Item No. 7 A
April 26, 2005
Page 5 of 164
commenced within this 24-month time period, the project will be reviewed for compliance with the
conditions of this Conditional Use and applicable provisions of the Collier County Land Development
Code, by the Board of Zoning Appeals 60 months from the date of approval.
Phase one, as referenced by the above condition, relates to the completion ofthe first lake for the
aquaculture project. As of April 14, 2004, the first lake for the project, or phase one, is
approximately 30 percent complete. The completion of the first lake and the commencement of
a bona fide aquaculture operation on site have a direct nexus with the project's ability to
excavate material from the subject property. The site is located within a Natural Resources
Protection Area (NRPA). The NRPA allows bona fide agricultural uses; however, excavations
are not permitted within a NRPA. The petition can only be authorized if the excavation activity
is needed for a bona fide and permitted agricultural use. An aquaculture facility satisfies this
criterion and the excavation to initiate this type of agricultural activity is permitted on a
conditional basis.
Based upon further evaluation, and issues raised during the Planning Commission public hearing,
staff is suggesting a modification to condition of approval number five to the Board of Zoning
Appeals. During the public hearing, agents for the applicant stated that Lake One, which is
partially excavated, has already been stocked with minnows to prepare the lake for the fish to be
eventually harvested. This point raised the question as to whether this was the actual
commencement of a bona fide aquacultural activity as required by the suggested condition. This
point highlights the potential difficulty for County Staff to determine if and when the benchmark
established by condition five had been determined. Further, during the Planning Commission
hearing, the matter of access became an issue. Currently, adequate ingress and egress to the site
will be provided through an existing driveway access located along the west side ofthe property.
Desoto Boulevard, which connects to 52nd A venue NE, which runs perpendicular to Everglades
Boulevard, provides the access to Naomi Street, the existing lime rock driveway for the site.
Clarence S. Tears, Director of the Big Cypress Basin, South Florida Water Management District,
indicated that the designs of the Picayune Strand restoration project would potentially leave the
subject site without direct access to 52nd Avenue NE. Based upon the uncertainty of these two
issues, staff has modified condition number five to limit the conditional use approval to a second
three-year period. This second three-year period of approval will allow the applicant the time to
complete the first two lakes of the scheduled four lakes, and provide adequate time to establish a
bona fide aquacultural activity. The applicant will be required to appear before the Board of
Zoning Appeals within three years of approval to demonstrate sufficient resolution to the issues
of access and commencement of an actual aquacultural activity. Condition of approval number
five has been modified to read:
The term of this conditional use approval shall be for three years from the date of the Board
of Zoning Appeals approval of this petition.
As part of the excavation permit issued for the project, the applicant has been required to post a
bond of $120,000 dollars to ensure the excavation site, if abandoned by the applicant, will be
brought into compliance with the Collier County Land Development Code. The Irrevocable
Page 2 of6
Agenda Item No. 7A
April 26, 2005
Page 6 of 164
Standby Letter of Credit, issued by the Community Bank of Naples, N.A., for the project has
been included within the application material attached to this staff report.
FISCAL IMPACT:
There are no fiscal impacts to the County other than the fees imposed upon the applicant in
relation to the Commercial Excavation Permit. The applicant must receive approval of, and pay
the appropriate fees for an excavation permit that includes: the application fee, the cubic yardage
fee, and the annual renewal fee. Additionally, as part of the excavation permit approval process,
the applicant will be required to post a performance guarantee.
Please note that the inclusion of fiscal impact is for informational purposes only; it is not
included in the criteria used by staff, the Planning Commission, and the Board of Zoning
Appeals to analyze this petition.
GROWTH MANAGEMENT IMP ACT:
The subject property is designated Agricultural/Rural (Agricultural/Rural - Mixed Use District)
on the Future Land Use Map of the Growth Management Plan, and is within the Natural
Resource Protection Area (NRPA) Overlay.
The Agricultural/Rural - Mixed Use District permits agricultural uses - including aquaculture -
and excavation/earth mining. The NRP A Overlay specifically provides that uses on privately
owned lands within the Agricultural/Rural - Mixed Use District are those found in the
Agricultural/Rural - Mixed Use District. Further, excavation/earth mining is a necessary
component of the proposed aquaculture use - excavation is necessary to create the fishponds.
Given the site's location, access is via roads within South Golden Gate Estates (SGGE). It is not
uncommon in granting approval for excavation to require certain road improvements due to the
impacts of hauling the excavated materials. However, the Golden Gate Area Master Plan
precludes such road improvements within SGGE (Goal 2, Objective 2.1, Policy 2.1.1 and 2.1.3).
Specifically, Policy 2.1.1 states: "Minimal road maintenance to include traffic signage, right-of-
way mowing and road surface patching/grading will continue;" and, Policy 2.1.3 states: "Special
taxing districts associated with infrastructure improvements shall not be created for or expanded
into SGGE."
As an aside, the property and surrounding agricultural lands, and all of SGGE, are part of the
Southern Golden Gate Estates/Belle Meade project, a State of Florida acquisition program
resulting in establishment of the Picayune Strand State Forest.
Based upon the above analysis, staff concludes: this conditional use for excavation/earth mining
may be deemed consistent with the Future Land Use Element; and, if approved, this petition can
not include any requirement to improve roads within SGGE that would conflict with Goal 2 and
subsequent Objectives and Policies ofthe Golden Gate Area Master Plan. Therefore, this project
is consistent with Policy 5.1 and 5.2 of the Transportation Element (TE).
Page 3 of 6
Agenda Item No. 7A
April 26, 2005
Page 7 of 164
ENVIRONMENTAL ISSUES:
The environmental staff's analysis indicates that the subject property consists of an existing
excavation in connection to an aquaculture operation. No jurisdictional wetlands occur on the
subject property and the site has been severely drained by the canal on the west side of the
property. All of the adjoining property to the subject site has recently been acquired by the State
of Florida as part of the Comprehensive Everglades Restoration Plan. The primary goal of the
Plan is to restore a more natural flow of water to the Everglades, which will ultimately result in a
long-term, sustainable water supply for South Florida. To date, Florida has acquired more than
75 percent of the land needed for the initial Congressionally authorized project. As part of the
Plan, the geographic area of the Southern Golden Gate Estates (SGGE), which encompasses the
applicant's property, will be flooded to restore the natural flow way to the area. The Audubon of
Florida, Collier County Audubon Society and The South Florida Water Management District
have submitted letters of opposition to the petition, stating the project is contrary to the goals of
the Picayune Strand restoration project. A representative of the Florida Wildlife Federation
spoke in opposition to the project at the October 21, 2004 Planning Commission.
ENVIRONMENTAL ADVISORY COUNCIL (RAC) RECOMMENDATION:
The Environmental Advisory Council (EAC) heard and approved the original petition on January
3, 2001. This petition was not required to go before the EAC because the master plan for the
petition has not increased the impacts to the previously designated preservation areas shown on
the original conditional use, and the Environmental Impact Statement (EIS) submitted with the
petition is less than five years old.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
This petition was heard at the October 21, 2004 CCPC meeting. The Commission motioned to
forward petition CU-2004-AR-5746 with a recommendation of approval, that motion was
defeated 7-1. The Commission made a second motion to forward petition CU-2004-AR-5746
with a recommendation of denial, stating the petition did not satisfy the required Finding of Fact
of compatibility and that the request was incompatible with the State of Florida owned properties
surrounding the subject site that are part of the Picayune Strand restoration project. The MOTION
OF DENIAL PASSED BY A VOTE OF 7-1.
LEGAL CONSIDERATIONS
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
determination by the Board of County Commissioners (BCC) must be based. The legal
considerations are reflected in the Collier County Planning Commission's evaluation ofthe listed
criteria in Chapter 10.03.05 and Chapter 10.02.12 of the LDC. These evaluations are completed
as separate documents that have been incorporated into the attached staff report. A summary of
the legal considerations and findings are noted below:
Page 4 of 6
Agenda Item No.7 A
April 26, 2005
Page 8 of 164
· The proposed change has been deemed consistent with the goals, objectives, and policies
and Future Land Use Map and the applicable elements of the GMP.
· The proposed land uses are compatible with the existing land use pattern.
· The proposed change will not 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. This project has also been
deemed consistent with Policy 5.1 and 5.2 of the Traffic Element of the GMP.
· The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private, shall be provided.
ST AFF RECOMMENDATION:
Staff recommends approval of Petition CU-2004-AR-5746 with the following conditions as
modified based upon the October 2], 2004 Planning Commission public hearing attached to the
Resolution:
]. The Director of Zoning and Land Development Review may approve minor changes in
the location, sitting, or height of buildings, structures, and improvements authorized by
the conditional use. Expansion of the uses identified and approved within this conditional
use application, or major changes to the site plan submitted as part of this application,
shall require the submittal of a new conditional use application, and shall comply with all
applicable County ordinances in effect at the time of submittal, including Chapter
] 0.02.03. Site Development Plan Review and Approval, of the Collier County Land
Development Code, Ordinance (04-4]).
2. Pursuant to Chapter 2.03.07. of the Land Development Code, if, during the course of site
clearing, excavation, or other construction related activity, an historic or archeological
artifact is found, all development within the minimum area necessary to protect the
discovery shall be immediately stopped, and the Collier County Code Enforcement
Director shall be contacted.
3. This excavation shall comply with the requirements of Chapter 55, Explosives, and
Chapter 22, Excavations, of the Collier County Code of Laws and Ordinances.
4. The excavation shall be limited to a bottom elevation of20 feet below original grade.
5. The term of this conditional use approval shall be for three years from the date of the
Board of Zoning Appeals approval of this petition.
Page 5 of 6
Agenda Item No. 7 A
April 26, 2005
Page 9 of 164
6. The excavation shall comply with the requirements of Section 104.5.5 "Dust Control"
and Section 104.5.6 "Noise Control" of the revised Florida Building Codes, as adopted
by Collier County Ordinance No. 2002-01.
7. Best management practices shall be used in accordance with the October 2002,
Aquaculture Best Management Practices Manual prepared by the Florida Department of
Agriculture and Consumer Services.
8. A preserve restoration/management plan and a conservation easement for the Preserve if
applicable shall be required at the time of excavation permit approval.
9. Prior to any blasting activity, the applicant shall conduct a documented survey of the
structural condition of each residence within 1000 feet of the property line of the
excavation site to determine if there is any structural damage related to the blasting
activities subject to the respective property owner's consent. The results of the pre-blast
survey shall be submitted prior to the issuance of a blasting permit to Tom Kuck,
Director, Collier County Engineering Services Department.
10. The hours of operation shall be restricted to 7:00 AM to 6:00 PM, Monday through
Saturday. No excavation or hauling activity shall be permitted on Sunday
11. The following information regarding the littoral zones shall be required to be shown on
the excavation site plan submitted with the excavation permit application:
a. Calculations of the required littoral planting area; and
b. Cross-sections of the littoral planting areas showing control elevation and
slope; and
c. Standard exotic removal note; and
d. Clearing plan.
12. The excavation shall comply with, and obtain, all required Federal and State
requirements and permits mandated for an aquaculture facility.
PREPARED BY:
Mike Bosi, AlCP, Principal Planner
Department of Zoning and Land Development Review
Page 6 of 6
Agenda Item NO.7 A
April 26, 2005
Page 10 of 164
Co~"Y County
__ ~·~I I _
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: OCTOBER 21,2004
SUBJECT: PETITION CU-2004-AR-5746
PROPERTY OWNER/AGENT:
OWNER:
Jessie J. Hardy
6000 Naomi Street
Naples, FL 34117
AGENT:
Richard H. Thompson, P.E.
319 Inman Street
Lehigh Acres, FL 33972
REQUESTED ACTION:
Richard H. Thompson, P.E., representing Jessie J. Hardy, requests approval of a Conditional Use
in the Agricultural zoning district for earth mining and the off-site removal of material in
conjunction with the permitted use of Aquaculture, as specified per Section 2.04.03 of the Collier
County Land Development Code on 160 ± acres.
GEOGRAPHIC LOCATION:
The subject parcel is located in the "Hole-in-the-Donut" within the Southern Golden Gate
Estates. More specifically, the site is located at 6000 Naomi Street, about two miles south of
Interstate 1-75 and one-quarter mile east of Everglades Boulevard, in Section 16, Township 50
South, Range 28 East, Collier County, Florida. (See illustration on following page)
CU-2004-AR-5746 October 21,2004 CCPC Meeting Page 1 of 11
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Agenda Item No. 7 A
April 26, 2005
Page 11 of 164
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April 26, 2005
Page 12 of 164
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Agenda Item No. 7 A
April 26, 2005
Page 13 of 164
PURPOSEIDESCRIPTION OF PROJECT:
The petitioner seeks a Conditional Use in the Agricultural zoning district for the continuation of
the existing earth mining operation. The applicant is seeking to ultimately develop an
aquaculture facility (a permitted use within the Agricultural zoning district) consisting of four
lakes, but before the aquaculture facility can be made operational, the lakes need to be excavated.
The Conditional Use for an earth mining operation is dictated by the Agricultural zoning district
due to the fact that the amount of material to be removed from the site will exceed 4,000 cubic
yards. The total amount of material to be excavated for the project is expected to be 1,785,667
cubic yards. As noted, this is an existing earth mining operation, which was approved by the
Board of County Commissioners (BCC) on March 13,2001, through Resolution No. 01-89.
The original Conditional Use, authorizing the excavation through Resolution 01-89, contained a
condition of approval which stated:
This Conditional Use shall expire 3 years after the date of issuance of the Agricultural
Clearing Permit or upon completion of phase one, whichever occurs first. Within the initial
3-year period, the applicant is required to commence a bona fide aquaculture activity on
site, which shall occupy all completed lakes. In order to continue the excavation, the
applicant shall request a new Conditional Use approval from the Board of Zoning Appeals.
The current petition is before the Collier County Planning Commission (CCPC) and ultimately
the Board of County Commissioners (BCC), as required by the above condition due to the three
years expiring on October 26, 2004. Phase one, as referenced by the above condition, relates to
the completion of the first lake for the aquaculture project. As of April 14, 2004, the first lake
for the project, or phase one, is approximately 30 percent complete. The completion of the first
lake and the commencement of a bona fide aquaculture operation on site have a direct nexus with
the project's ability to excavate material from the subject property. The site is located within a
Natural Resources Protection Area (NRPA). The NRPA allows bona fide agricultural uses;
however, excavations are not permitted within a NRPA. The petition can only be authorized if
the excavation activity is needed for a bona fide and permitted agricultural use. An Aquaculture
facility satisfies this criterion and the excavation to initiate this type of agricultural activity is
permitted on a conditional basis. In his application, the applicant has requested approval of the
Conditional Use for the remainder of the project life. As of this date, no aquaculture activity has
commenced on site. The applicant has stated in his application that, "The project is proceeding,
although it is slightly behind the original schedule established by the applicant. There were
numerous delays at the outset of the project that prevented a timely start to the project. These
early delays have pushed the entire time frame for completion back about 18 months."
Resolution 2001-89, which authorized the project in March of2001, placed a time limit of three
years from the date of issuance of the Agricultural Clearing Permit or upon completion of the
phase one, whichever occurs first. This condition also required that the applicant commence a
bona fide aquaculture activity on site for all the completed lakes. Staff feels these time limits
where imposed to ensure that the excavation and hauling associated with the project, authorized
in a NRPA only in relation to the agricultural activity of aquaculture, were the true intentions of
the applicant. Staff believes that these same concerns are present and are requesting that a
similar condition of approval be associated with this Conditional Use application, as expressed in
condition of approval number five.
CU-2004-AR-5746 October 21, 2004 CCPC Meeting Page 4 of 11
Agenda Item No. 7 A
April 26, 2005
Page 14 of 164
The applicant must commence a bona fide aquaculture activity on phase one, the first completed lake,
within 24 months from the date of approval. If a bona fide aquaculture activity has not commenced at
the end of this 24-month time period, the Board of Zoning Appeals, through the Conditional Use Re-
review process, shall revieH' the project for compliance with the conditions of approval and applicable
provisions of the Collier County Land Development Code. If a bona fide aquaculture activity has
commenced within this 24-month time period, the project will be reviewed for compliance with the
conditions of this Conditional Use and applicable provisions of the Collier County Land Development
Code, by the Board of Zoning Appeals 60 months from the date of approval.
The Conditional Use Re-Review will provide the County the opportunity to ensure that all
conditions of approval are being met and the excavation activity is progressing to a bona fide
agricultural use of aquaculture, while providing a direct path for the applicant to exhibit his
compliance with the authorization and conditions associated with the Conditional Use approval.
As part of the excavation permit issued for the project, the applicant has been required to post a
bond of $120,000 dollars to ensure the excavation site, if abandoned by the applicant, will be
brought into compliance with the Collier County Land Development Code. The Irrevocable
Standby Letter of Credit, issued by the Community Bank of Naples, N.A. for the project has
been in included within the application material attached to this staff report.
All of the adjoining property to the subject site has recently been acquired by the State of Florida
as part of the Comprehensive Everglades Restoration Plan. The primary goal of the Plan is to
restore a more natural flow of water to the Everglades, which will ultimately result in a long-
term, sustainable water supply for South Florida. To date, Florida has acquired more than 75
percent of the land needed for the initial Congressionally authorized project. As part of the Plan,
the geographic area of the Southern Golden Gate Estates (SGGE), which encompasses the
applicant's property, will be flooded to restore the natural flow way to the area. The applicant's
property is the last piece of land yet to be acquired to complete this component of the Plan.
Much local and national publicity has been shed upon the applicant's stance. The Florida
Department of Environmental Protection (FDEP) on August 27, 2004, has initiated the eminent
domain procedure to acquire the land for the "public good," but to date the applicant is holder of
full title to the subject property, with no recorded encumbrances, and based upon these facts is
entitled to seek whatever use of his property afforded by the Collier County Land Development
Code (LDC), and the Agricultural zoning district in which the property sits. The FDEP eminent
domain petition has been included within the application packet attached to this staff report.
It should be noted that part of the record for the original Conditional Use for the project contains
a letter ITom Clarence S. Tears, Jr., Director of the Big Cypress Basin, South Florida Water
Management District, dated December 7, 2000, which states, "The proposed land use change to
aquaculture ponds is incompatible with the hydrologic restoration plan for the area." This letter
has been included within the application packet attached to the Staff Report. Additional, a letter
sent from Harold G. Vielhauer, Deputy General Counsel for the Florida Department of
Environmental Protection, to Stanley Moore, Mr. Hardy's legal counsel, documenting a number
of potential regulatory requirements facing the site has been included in the packet. It should be
noted that County Engineering Staff has explored these issues through the various regulatory
bodies and have found the project exempt due to the excavation being connected to an
agricultural activity.
CU-2004-AR-5746 October 21.2004 CCPC Meeting Page 5 of 11
Agenda Item No. 7 A
April 26, 2005
Page 15 of 164
SURROUNDING LAND USE & ZONING:
SUBJECT PARCEL:
Existing aquaculture excavation and existing residence; zoned
Agricultural (A) with a Conditional Use and Natural Resource
Protection Area (NRP A) overlay zone
SURROUNDING:
North:
East:
Existing residence and undeveloped parcels, zoned Agricultural
(A) and NRP A overlay zone
Undeveloped parcels, zoned Agricultural (A) and NRPA overlay
zone
Undeveloped parcels, zoned Agricultural (A) and NRPA overlay
zone
Undeveloped parcels, zoned Agricultural (A) and NRPA overlay
zone
South:
West:
eU-2004-AR-5746 October 21.2004 cepe Meeting Page 6 of 11
Agenda Item No.7 A
April 26, 2005
Page 16 of 164
GROWTH MANAGEMENT PLAN CONSISTENCY:
The subject property is designated AgriculturallRural (Agricultural/Rural - Mixed Use District)
on the Future Land Use Map ofthe Growth Management Plan, and is within the Natural
Resource Protection Area Overlay (NRPA).
The AgriculturallRural - Mixed Use District permits agricultural uses - including aquaculture -
and excavation/earth mining. The NRP A Overlay specifically provides that uses on privately
owned lands within the AgriculturallRural - Mixed Use District are those found in the
AgriculturallRural - Mixed Use District. Further, excavation/earth mining is a necessary
component of the proposed aquaculture use - excavation is necessary to create the fish ponds.
Given the site's location, access is via roads within South Golden Gate Estates (SGGE). It is not
uncommon in granting approval for excavation to require certain road improvements due to the
impacts of hauling the excavated materials. However, the Golden Gate Area Master Plan
precludes such road improvements within SGGE (Goal 2, Objective 2.1, Policy 2.1. I and 2.1.3).
Specifically, Policy 2. I. I states: "Minimal road maintenance to include traffic signage, right-of-
way mowing and road surface patching/grading will continue;" and, Policy 2.1.3 states: "Special
taxing districts associated with infrastructure improvements shall not be created for or expanded
into SGGE."
As an aside, the property and surrounding agricultural lands, and all of SGGE, are part of the
Southern Golden Gate Estates/Belle Meade project, a State of Florida acquisition program
resulting in establishment of the Picayune Strand State Forest.
Based upon the above analysis, staff concludes: this conditional use for excavation/earth mining
may be deemed consistent with the Future Land Use Element; and, if approved, this petition can
not include any requirement to improve roads within SGGE that would conflict with Goal 2 and
CU-2004-AR-5746 October 21,2004 CCPC Meeting Page 7 of 11
Agenda Item No. 7 A
April 26, 2005
Page 17 of 164
subsequent Objectives and Policies of the Golden Gate Area Master Plan. Therefore, this project
is consistent with Policy 5.1 and 5.2 of the Transportation Element (TE).
ANAL YSIS:
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.
As previously noted, this request is consistent with the Growth Management Plan, and with
the conditions proposed by staff, this project will be in compliance with the LDC.
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 through an existing driveway access
located along the west side of the property. Desoto Boulevard which connects to 52nd
A venue NE, which runs perpendicular to Everglades Boulevard, provides the access to the
existing lime rock driveway for the site.
3. The effect the Conditional Use would have on neighboring properties in relation to
noise, glare, economic or odor effects.
Undeveloped parcels currently surround the subject site. The impacts of the site in relation to
lighting, odor and detrimental economic impacts are not expected from the aquaculture
operation. The excavation activity associated with the procurement of the necessary ponds,
in relation to these impacts are also expected to be minimal. Noise impacts can be expected
as a result of the pond excavation, but this will be limited to daylight hours Monday through
Saturday.
4. Compatibility with adjacent properties and other property in the district.
The applicant seeks to utilize his property for aquaculture, a permitted use within the zoning
district. The Conditional Use is required to excavate the lakes and transport the material off-
site. Based upon the undeveloped state of the surrounding area, the excavation in relation to
the aquaculture use of the property can be deemed compatible with the surrounding
properties.
EAC RECOMMENDATION:
The Environmental Advisory Council (EAC) heard and approved the original petition on January
3, 2001. This petition was not required to go before the EAC due to the following: the master
CU-2004-AR-5746 October 21,2004 CCPC Meeting Page 8 of 11
Agenda Item No. 7 A
April 26, 2005
Page 18 of 164
plan for the petition not increasing the impacts to the previously designated preservation areas
shown on the original conditional use, and the Environmental Impact Statement (EIS) being less
than five years old.
NEIGHBORHOOD INFORMATION MEETING:
The required meeting was held on October 4, 2004 at the Max Hasse Jr. Community Park.
Seven individuals other than the petitioner and his agents and county staff attended. Staff gave a
brief overview of the petition process. The petitioner's agent gave a presentation of the
conditional use petition filed by Mr. Jesse Hardy and invited questions/comments of the public.
Several people stated their support for Mr. Hardy's conditional use request. No one spoke in
opposition to the proposal. Prior to the official meeting, a resident living on 42nd Ave S.E. who
could not attend stated that she opposed the proposal. She said trucks that use the area roadways
to and from Mr. Hardy's operation; the trucks heavily impact speed and drive without regard to
other driver's safety and the roads.
STAFF RECOMMENDATION:
Staff recommends that the Collier County Planning Commission forward a recommendation of
approval to the Board of Zoning Appeals of Petition CU-2004-AR-5746, subject to the following
conditions of approval:
1. The Director of Zoning & Land Development Review may approve minor changes in the
location, sitting, or height of buildings, structures, and improvements authorized by the
conditional use. Expansion of the uses identified and approved within this conditional use
application, or major changes to the site plan submitted as part of this application, shall
require the submittal of a new conditional use application, and shall comply with all
applicable County ordinances in effect at the time of submittal, including Chapter
10.02.03. Site Development Plan Review and Approval, of the Collier County Land
Development Code, Ordinance (91-102).
2. Pursuant to Chapter 2.03.07. of the Land Development Code, if, during the course of site
clearing, excavation, or other construction related activity, an historic or archeological
artifact is found, all development within the minimum area necessary to protect the
discovery shall be immediately stopped, and the Collier County Code Enforcement
Director shall be contacted.
3. This excavation shall comply with the requirements of Chapter 55, Explosives, and
Chapter 22, Excavations, of the Collier County Code of Laws & Ordinances.
4. The excavation will be limited to a bottom elevation of 20 feet below original grade.
5. This Conditional Use must commence a bona fide aquaculture activity on phase one, the
first completed lake, within 24 months from the date of approval. If a bona fide
aquaculture activity has not commenced at the end of this 24-month time period, the
Board of Zoning Appeals, through the Conditional Use Re-review process, shall review
the project for compliance with the conditions of approval and applicable provisions of the
Collier County Land Development Code. If a bona fide aquaculture activity has
eU-2004-AR-5746 October 21,2004 cepc Meeting Page 9 of 11
Agenda Item NO.7 A
April 26, 2005
Page 19 of 164
commenced within this 24-month time period, the project will be re-reviewed for
compliance with the conditions of this Conditional Use and applicable provisions of the
Collier County Land Development Code, by the Board of Zoning Appeals 60 months from
the date of approval.
6. The excavation shall comply with the requirements of Section 104.5.5 "Dust Control" and
Section 104.5.6 "Noise Control" of the revised Florida Building Codes, as adopted in
Collier County Ordinance No. 2002-01.
7. Best Management Practices will be used in accordance with the State of Florida.
8. A Preserve restoration/management plan and A Conservation Easement for the Preserve
requirement will be required at time of Site Plan approval.
9. Prior to any blasting activity, the applicant shall conduct a documented survey of the
structural condition of each residence within 1000 feet of the property line of the
excavation site to determine if there is any structural damage related to the blasting
activities, subject to the property owner's consent. The results of the pre-blast survey
shall be submitted to the Director of the Collier County Engineering Services Department.
10. Hours of operation are restricted to 7:00 AM/6:00 PM Monday through Saturday. No
excavation or hauling activity is permitted on Sunday
11. The excavation must comply with, and obtain, all required Federal and State
requirements and permits mandated for an aquaculture facility.
12. The following information regarding the littoral zones will be required to be shown on the
excavation site plan submitted with the excavation permit application:
a. Calculations of the required littoral planting area;
b. Cross-sections of the littoral planting areas showing control elevation and
slope; and
c. Standard exotic removal note and the clearing plan.
CU-2004-AR-5746 October 21, 2004 CCPC Meeting Page 10 of 11
Agenda Item No. 7 A
Aprìl26,2005
Page 20 of 164
PREPARED BY:
~~r-
MIKE BOSI, AICP, PRINCIPAL PLANNER
DEPARTMENT OF ZONING AND LAND
DEVELOPMENT REVIEW
lO~ "1-04
DATE
RE\1EWED BY:
/0- t.¡.. ð<f
DATE '
A Y B LOWS, CHIEF PLANNER
DEPARTMENT OF ZONING AND LAND
DEVELOPMENT REVIEW
~~RECTOR
DEPARTMENT OF ZONING AND LAND
DEVELOPMENT REVIEW
/(J/~);¡
DATE
APPROVED BY:
¡ok --if
D.yfE/
CoUìer County Planning Commission:
/dR'll) &Jj
RUSSELL A. BUDD, CHAIRMAN
¡Dill /0+
DA Tt {
Staff report tor the October 21, 2004, Collier County Planning Commission Meeting
Tentatively scheduled f{)f the November 16.2004, Board of County Commissioners Meeting
CU-2004-AR-5746 October 21.2004 CCPC Meeting Page 11 of 11
-- _.......-
Richard H. Thompson, P.E.
319 Inman St., Lehigh Acres, FL 33972
Phone & Fax: (239) 369-8900
e-mail: Ricbard@R.ichardHThompson.com
Agenda Item No.7 A
April 26, 2005
Page 21 of 164
Conditional Use Application Narrative
Jesse Hardy Aquaculture Ponds
This application is to request a renewal of the Conditional Use established in Resolution No.
2001-89. There are no changes proposed since the previous approval of this project. The
project is proceeding, although it is slightly behind the original schedule established by the
applicant. There were numerous delays at the outset of the project that prevented a timely start
to the project. These early delays have pushed the entire time ftame for completion back about
18 months.
The project under construction is five aquaculture ponds. The pwpose of the conditional use is
to remove the fill ftom the site. Removal of the fill is important for two reasons. The first
reason involves the sensitive nature of the sWTOunding areas. The design of the ponds requires
the removal of vast quantities of material. Stockpiling this amount offill on site would lead to
severe problems with sediment containment and potential turbidity problems with down stream
areas. The second reason is to provide operating capital via the sale offill until such a time as
the aquaculture project is underway.
All the conditions of the previously approved Conditional Use have been met with the exception
of Condition 4. A bona fide aquaculture operation has not commenced on the site. The first lake
under construction is approximately 30% completed. (Under the original schedule this lake
should be - 500..{¡ completed at this time.) The aquaculture activity cannot begin in the lake until
it is completed and the fine material in the lake has settled. Mr. Hardy has been experimenting
on the site at an old excavation north of the construction area with various types offish to
detennine the best product for him to use when the 1st lake is ready.
Due to the public and governmental scrutiny that this project has received over the last three
years, we request that this conditional use be vaUd for the remainder of the project life.
This project is familiar to most governmental agencies involved ITom Naples to Tallahassee.
This application is only to provide the right to remove material ITom the site. The right to
excavate the material has been granted and can continue. Should other changes occur in the area
that prevent the continued operation of the project, the right to remove the material will become
. a mute point. Should Mr. Hardy prevail in his endeavors with other agencies to continue the
construction of his aquaculture project, the long term right to remove the material will be critical.
Enclosed please find aU the information requested during the pre-application meeting and on the
application checklist. Also enclosed is a check to cover the application fee of $4000, Fire Code
Review fee of $150, Comp Plan Review Fee of $300, CCPC ad fee of $681, BZA ad fee of $205,
less the previously paid pre-ap fee of $300, for a total check amount of$5036.i!U.
,----- .-.-------.---.-..-.-
CU-2004-AR-5746
PROJECT # 2004040016
DATE: 4/1512004
FRED REISCHL
~V<4v.
Richard H. Thompson, P.E.
# 46720
www.richardhthompson.com
-- -.-'----------...
...·"_,__<·~_~._o
Agenda Item No. 7 A
April 26, 2005
Page 22 of 164
APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE
Petition No.:
Date Petition Received:
Commission District:
Planner Assigned:
ABOVE TO BE COMPLETED BY STAFF
1 . General Information
Name of Applicant(s) Jesse J. Hardv
Applicant's Mailing Address 6000 Naomi St.
City
Naples
State
FL
Zip
34117
Applicant's Telephone # 239-250-1871
Fax #
N/A
Applicant's E-Mail Address: N/A
Name of Agent Ricbard H. ThomDSon. P.E. Finn Richard H. Thompson. P.E.
Agent's Mailing Address 319 Inman Street
City Lehieb Acres
State
FL
Zip 33972
Agent's Telephone # 239-369-8900
Fax # 239-369-8900
Agent's E-Mail Address:
Richard(i)RicbardHThomoson.com
* Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure
that yóu are in compliance with these regulations.
APPLlCATIO,," FOR PUBLIC HEARING FOR CONomONAL IJSE - 4114103
COLLIER COUNTY COMMUNITY DEVELOPMENT
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
2800 N, HORSESHOE DRIVE - NAPLES, FL 34104
PHONE (941) 403-24001FAX (941) 643-6968
Agenda Item No. 7 A
April 26, 2005
Page 23 of 164
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:
N/A
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
Jesse J. Hardv
Percentage of Ownership
100%
APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE _ 4/14103
- Agenda -It~m ~o:-; A-I
April 26, 2005 '
Page 24 of 164
b. If the property is owned by a CORPORATION, list the officers and stockholders and
the percentage of stock owned by each.
Name, Address and Office
N/A
Percentage of Stock
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
N/A
Percentage of Interest
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the
name of the general and/or limited partners.
Name and Address
N/A
Pe~œgeofOwnenhip
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
N/A
Date of Contract:
APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4'14103
Percentage of Ownership
Agenda Item No. 7 A
April 26, 2005
. Plpge 25 of 164
If any contingency clause or contract terms involve additional parties, 1St all
individuals or officers, if a corporation, partnership, or trust.
f.
Name and Address
N/A
g. Date subject property acquired (X) leased (): 7/23180
Term oflease
yr.lmos.
If, Petitioner has option to buy, indicate date of option:
terminates: , or anticipated closing date
and date option
h. Should any changes of ownership or changes in contracts for purchase subsequent to
the date of application, but prior to the date of the final public hearing, it is the
responsibility of the applicant, or agent on his behalf, to submit a supplemental
disclosure of interest form.
3.
Detailed leeal description of the prooertv covered bv tbe application: (If space is
inadequate, attach on separate page.) If request involves change to more than one zoning
district, include separate legal description for property involved in each district. Applicant
shall submit four (4) copies of a recent survey (completed within the last six months,
maximum 1" to 400' scale) if required to do so at the pre-application meeting.
NOTE: The applicant is responsible for supplying the correct legal description. If questions
arise concerning the legal description, an engineer's certification or sealed survey may be
required.
,.....-
Section: 16 Township: 50S Range: 28E
Lot: Block: Subdivision: N/A
Plat Book Page #: Property I.D.#: 502816 084.0005D16
Metes & Bounds Description:
4.
Size of property: 2611::1: ft. X 2658::1: ft. = Total Sq. Ft.
Acres 160::1:
5. Address/e:enerallocation olsubiect Dropertv:
Two miles south 011-75 and one mile east of Evel1!lades Boulevard
APPLlCA nON FOR PUBLIC HEARING FOR CONDITIONAL USE _ 4/14103
Agenda Item No. 7A
April 26, 2005
Page 26 of 164
6 : Adiacènt zonin!!: and land use:
Zoning
Land use
N
A
ARlNative Condition
S_A
Ae:lNative Condition
E
A
A2INative Condition
w
A
A2INative Condition
Does property owner own contiguous property to the subject property? If so, give complete
legal description of entire contiguous property. (If space is inadequate, attach on separate
page).
Section: 16 Township: 50S Range: 28E
Lot: Block: Subdivision: N/A
Plat Book Page #: Property 1.0.#: 502816 084.0005DI6
Metes & Bounds Description:
7.
Tvpe of Conditional Use: This application is requesting conditional use #
the A district for (TYPE OF USE) Excavation of Aauaculture Ponds
1
of
Present Use of the Property: Excavation of Aauaculture Ponds
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 Commission's
recommendation to the Board of Zoning Appeals shall be based upon a finding that the
granting of the conditional use will not adversely affect the public interest and that the
specific requirements governing the individual conditional use, if any. have been met, and
that further, satisfactory provision and arrangement have been made concerning the
following matters, where applicable. Please provide detailed response to each of the
criterion listed below. Specify how and why the request is consistent with each.
(Attach additional pages as may be necessary).
APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14183
Agenda Item No. 7 A
April 26, 2005
Page 27 of 164
,,'
a. Describe how the project is consistent with the Collier County Land Development Code
and Growth Management Plan (include information on how the request is consistent
with the applicable section or portions of the future land use element: Tbe projed is
consistent with the Land Development Code in that aauaculture is a permitted
conditional use under see 2.2.2.3 The rural location and low intensity of use is
consistent with both the 2I'owth manaa:ement plan and futnre land use element.
Describe the existing or planned means of ingress and egress to the property and proposed
structure thereon with particular reference to automotive and pedestrian safety and
convenience. traffic flow and control. and access in case of fire or catastrophe: The
in2ress/e2ress to tbe project is via an existina: drivewav access located alone the
west side of the property. The existinsz: limerock road connects to Desoto
Boulevard which connects to 52nd Avenue N.E. S2ßd Avenue intersects with
Evendades Boulevard.
c. Describe the effect the conditional use will have on neighboring properties in relation to
noise. glare. economic impact and odor: No impacts are expected from lia:htin2.
No detrimental economic impacts to neia:hborin2 property is expected.
No odor is expected from the aauaculture oDeration.
Temporarv noise is expected as a result of Dond excavation but this will be limited
to davliebt hours and relZUlar work davs.
d. Describe the site's and the proposed use's compatibility with adjacent properties and
other properties in the district: The aquaculture operation is a very low level of
intensity use and is compatible with the adiacent sparselv populated areas.
e. Please provide any additional information which you may feel is relevant to this
request. (1) Aquaculture BMP Manual (requested at pre-application meetin2)
(4) Collier Co. Resolution ## 2001-89
(4) Environmental Advisorv Council Staff Report January 3. 2001
(4) Collier County Planninl! & Environmental Services Memo
December 7.2000
APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE-4I14J03
Agenda Item No.7 A
April 26, 2005
PaÇJe 28 of 164
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 tbe 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?
No
11. Additional Submittal reauirements: In addition to this completed application, the
following must be submitted 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. Twenty (20) copies of a 24" x 36" conceptual site plan [and one reduced 8W' xlI"
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 structure(s) on site),
· all existing and/or proposed parking and loading areas [include matrix indicating
required and provided parking and loading, including required parking for the
disabled],
· locations of solid waste (refuse) containers and service function areas,
· required yards, open space and preserve areas,
· proposed locations for utilities (as well as location of existing utility services to the
site),
· proposed andlor existing landscaping and buffering as may be required by the
County,
· location of all signs and lighting including a narrative statement as to the type,
character, and dimensions (such as height, area, etc.);
c. An Environmental Impact Statement (ElS), as required by Section 3.8. of the Land
Development Code (LDC).
d . 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, shalt
A....LlCA TION FOR PUBLIC HEARING FOR CONDITIONAL USE - ~14I03
---...--.
Agenda Item No. 7 A
April 26, 2005
Page 29 of 164
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 Fonns Classification System.
e, Statement of utility provisions (with all required attachments and sketches);
f. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting;
9 . 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);
h. 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.
Be advised that Section 2.7.2,3.2 (3) of the Land Development Code requires an
applicant to remove their public hearing sign (5) 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.
APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE _ 4114103
j
---~~,. --- ---~ -
Agenda Item No.7 A
April 26, 2005
Page 30 of 164
CONDITIONAL USE APPLICATION
SUBMITTAL CHECKLIST
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION
PACKET!
REQUIREMENTS #OF NOT
COPIES REOUIRED REOUIRED
1. Completed Application 20* XX
2. Copy of Deed(s) and list identifying Owner(s) and all 2* XX
Partners if a Corporation
3. Completed Ownerl Agent Affidavits, Notarized 2* XX
4. Pre-application notes/minutes 20* XX
5. Conceptual Site Plans (including (1) 8-1/2 X 11 copy) 20* XX
6. Environmental Impact Statement - (EIS) 4 XX
7. Aerial Pbotograph - (with babitat areas identified) 5* XX
8. Completed Utility Provisions Statement (witb required 4 XX
attachments and sketcbes)
9. Traffic Impact Statement - (TIS) 7 XX
10. Historical & Archaeological Survey or Waiver 4 XX
Application
11, Copies of State and/or Federal Permits 4 XX
12. Architectural Rendering of Proposed Structure(s) 4 XX
13. Application Fee = $4000 - XX
Comprebensive Plan Consistency Review = $300
Fire Code Review Fee = $150
Check shall be made payable to: $5036_00 (oer Fred Reisch )
Collier Count)' Board of Commissioners
14. Electronic copy of all documents and plans XX
15. Otber Requirements - Aquaculture BMP Manual 1 XX
LJ- S -0 'I
Date
· Documents required for Long-Range Plannmg RevIew
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 of this petition.
Æ~~='
----
APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4'.4103
'c'
c:
Agenda Item No, 7 A
April 26, 2005
Page 31 of 164
,,,-,
- --------------.---.-- --- -------.-- ---- -------- ------- -
~_._-_._- -- --- ----- - -----.- --.- - -.. - - --. - --
Ex. 59.764
All documents below this
sheet were scanned on
April!!,2003
(Next document down is the Letter of Credit)
n"__· _._ .__"
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Agenda Item No.7 A
April 26, 2005
Page 32 of 164-
-.-...- -------~ --.. -.~_._-. -..-.....-----.------.--- ...---.--.. ...---
-.-...... -...--..--.
--
Irrevocable Standby Letter of Credit No. 9003102
January 28, 2003
PLACE OF ISSUE: Community Bank of Naples, N.A.
5150 Tamiami Trail N
Naples, FL 34101
DATE OF EXPIRY: This Credit shall be valid until January 28, 2004, and shall
thereafter be automatically renewed for successive on~year periods on the anniversary of
its issue wûess at least sixty (60) days prior to any such anniversary date. the issuer
notifies the Beneficiary in writing by registered mail that the Issuer elects not to so renew
this Credit.
APPLICANT: Aggrisomce, LLC (hereinafter "Applicantj
110 23rd Street NW
Naples FL 34120
BENEFICIARY: The Board of County Commissioners, Collier Comty, Florida
(hereinafter "Beneficiary") Collier County Cowthouse Complex, Naples, Florida 34112.
Attn: Project Plan Review
AMOUNT: One Hundred Twenty Thousand Dollars ($120,000.00) (U.S.) up to an
aggregate thereof.
CREDIT AVAILABLE WIm: Issuer.
BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn
on the Issuer.
DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DR.AFf(S) AT
SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S
STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER.
CERTIFYING TIlAT: "Aggrisource, LLC has failed to meet or complete the
requirements of Excavation Permit #59.764 for the project name Jesse Hardy Aqua
Culture Farm or final inspection satisfactory to Collier County, pursuant to Collier
County Ordinance No. 91-102, as amended, has not been performed to the date of expiry,
and satisfactory alternative performance security has not been provided to and formally
accepted by the Beneficiary."
(239) 649·1500 (239) 649-1411 FAX
5150 Tamiami Trail N. . P.O. Box 413009 . Naples, Florida J.4101-3009
www.communitybankofnaples.com
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Agenda Item No. 7 A
April 26, 2005
Page 33 of 164
.. '__""'_~'.'" u..' ._"._.,. .,_~~_ ...._...___._...._..ø. ___.._____._....__ _..______.._. ._.__...____,__...~_~~_~..__. __,"'~ ___ __..~,___.".__._______.._. . _..~'__...._,_.__..___...._, .. "."_._m ..
Page 2
Aggrisource, LLC
Letter of Credit
DRAFT(S) DRAWN UNDER THIS LETl'ER OF CREDIT MUST BE MARKED:
.. Drawn under Community Bank: of Naples, N.A. Credit No. 9003102, dated January 28,
2003." The origiDalletter of credit and all amendments, if any, must be presented for
proper endorsement.
This Letter ofCrcdit sets forth in full the terms of the Issuer's undertaking
and such \U1dertaking shall not in any way be modified, amended, or amplified by
reference to any documents, instrument, or agreement referenced to herein or in which
this Letter of Credit relates, and any such reference sba11 not be deemed to incorporate
herein by reference any docwnent, instrument or agreement
Issuer hereby engages with Beneficiary that draft(s) drawn under and in
compliance with the terms of this credit will be duly honored by Issuer ifpresc:nted
within the vaJidity of this credit.
This credit is subject to the Uniform Customs and Practice for
Documentary Credits (1983 Revision) International Chamber of Commerce Publication
No. 400.
Community Bank of Naples, NA.
By~
Mark A. Smith
Senior Vice President
~.' ~--~-_.-
.----..
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Agenda Item No.7 A
April 26, 2005
Page 34 of 164
,. .,_..__.~ ~- -_. ..---- _._--_._.._...._---~--_._._-
--.------..---.... .-. . -~_._.-_..__.._..__.-~ ---.--.....-
--..--- - - - _.. _. ....---.--.
1/30/2003
Collier County Excavation Pennit 59.764
Jesse Hardy excavation
To whom it may concern, I, Jesse Hardy do hereby release the existing $120,000 cash bond to Stanley R Fogg
Sr.. This bond is replaced by a letter of credit dated 1/28/2003 from the Community Bank of Naples, credit No.
9003102.
1;;:11 ~
s~gsr.
~fí·fiÁ.·
Notary
STA'ÆOF~A
COt.MY OF \\i'l/
1htf~MtnIMnt"'~~"1IIII 30th .,
~"""-"Ilt gOO3 ÞJ " ~w~ c-ot
~). =11'). eu.¿ '. .
t\n of NG~ PtIb:ic - Ctate gf FIor1da)
:Jud;~ m ~~I"tt
c PrInt. Type, or amp COmmls8lcnud
Name of Notary Pubic)
~ Known OR ~l:JttrlC8tlon~
1JIraeof IdenUflcatioft Produced . ~ I./?~. . ~~O .}-.JI
J1tf: 1()¡1° 'S
.umt M. fItIG
IIY~, DO 1l1li232
EXPIftES: A11u114, m
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Agenda Item No. 7 A
April 26, 2005
Page 35 of 164
,-.
.(i) .... MèmoräIidliiriu--- ...
To: Betty Perez, Finance Department
From: Don Nobles, Engineering Inspections Supervisor
Date: January 30. 2003
Subject: Exchange letter of Credit for Cash Bond
Excavation Permit #59.764
Phase One - Jesse Hardy Aquaculture
We are in receipt of a letter of credit that replaces the cash bond that was posted for
this project.
Therefore, we are authorizing the release of the developers cash bond. Attached are
copies of the cash bond, which was posted for this project. Please have the check
issued to Stanley R. Frogg in the amount of $120.000.00. Please have the check sent
to:
Stanley R. Frogg
2147 Palm St.
Naples, Fl 34112
If you should have any q~laase call ~.
Authorized Signature ~ £>.
Thomas E. uck. P.E., Engineering Services Director
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Engineering Review Reading File
:;Si'ø'l " ro (.'$t5
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ENGINEERING REVIEW SERVICES SECTION
1-
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BIG CYPRESS BASIN
SOtrrH FLoRrDA W"TEll MANAGEMENT DIS11UCf
6089 Janes Lane, Naples, FL Ml09
O~~505 . Suncom 721-7920 . Fax (941) 597-4981 . www.sfwmd.gov/organ/2..bcb.html
Agenda Item No. 7 A
April 26, 2005
_ .- .... ~~OEI"8êof 164
, L! ~ -t,-
....:.~ 1 1 ?(ßJ
December 7, 2000
Mr. Stephen Lenberger
Environmental Specialist n
Collier County Planning Services Department
2800 North Horseshoe Drive
Naples, FL 34104
Dear Mr. Loberger:
Subject:
Conditional Use Petition No. CU-2000~16, Jesse Hardy Aquaculture
Ponds
We have reviewed the subject proposal for excavation of four lakes for a fish farm in
Section 16, Township 50 South, Range 28 East, in the Southern Golden Gate Estates
(SGGE). The project is located within the State of Florida's SaGE Conservation and
Recreational Land (CARL) project area. The SGGE lands are presently being acquired
for public ownership to restore the hydrology of the area for greater public benefit. A
construction project involving modification of the canals and roads in the SOGE is
presently being developed by the Big Cypress Basin and the U.S. Anny Corps of
Engineers for implementation of the restoration plan.
The proposed land use change to aquaculture ponds is inco.mpatible with the hydrologic
restoration plan for the area.
We appreciate the opportunity to comment Should you have any questions or need
additional information, please do not hesitate to cöntact us.
CST/amc
c: John Outland
Ed Kuester
BIG CYPRESS BAS1H GoVEJtNJNC Bo.uD
Trudi K. Williams, a.ïrpmcm, E% affido . Ft. Mym
Mary Ellen Hawldnl, Via' Chair - Nepln
Patricia Carro1I, SecrelIrry -1WpIa
Garrett S. Richter· NaplrI
JoAnn SI:naIlwood - NapJa
Fred N. Thomu, Jr. . lmmølatJæ
D!lU!CTOIl
CIuenc:e S. TeR'I. Jr.
--- - - ----
------ - ---
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..............
.. ~ ~.........
---~--
Agenda Item No. 7 A
....,.6wjJ..6~, 2005
lAND DEVELOPMENT EN~of 164
RHT
eng¡neenng
August 25, 2004
REceiVED
AUG 2 7 2004
ZONING DEPARTMENT
Mike Basi, AlCP
Community Development and Environmental Services Division
Collier County Gowemment
2800 North Horseshoe Drive
Naples, Aorida 34104
SUBJECT:
CIJ.2OO4 - M-5746 - JESSE HARDY AQUACUL11JRE PONDS
Dear Mr. Basi.
This letter has been prepared in response to the request for additional information sent on August 23, 2004. For
convenience 1he neg:ati\le comments are written in bold, foIlcM8d by the response.
STORMWATE. .GIIT· Robert Wiley
..... ........ to Checklist Item:
1. ...... ........ . copr of.... FDACS ............ for.1a ...IIeU..... ....,.
i._
Mr. Hardy delivered a copy of his aquaculture certification to the Community Development and
Environmental Services Office. Attn Mr. Robert WIley on Au&\.lst 24, 2004.
2. ...... ......... . copr af tile ...,.".... FDEP pennIt for... rock ........ ............ .......
.......... for tile ~ of.... fKIIIJ.
Part W, Chapter 373 F.S. grants FDEP the authority to regulate and issue permits. Chapter 373.403(8)
reads: uCertified aquaculture actMtIes which apply appropriate best management practices adopted
pursuant to s. 597.004 are exempt from this part.· This part of the statute clearly indicates that certified
aquaculture activities are exempt from 373 regulations. Therefore, a pennit from FDEP Is not required.
There has been one change on the site since the original submission and RAI response. The pond current1y under
construction has recently been stocked with catfish and mosquito minnows. It is anticipated that bass will be added
to the pond In the near future
The abow infcrmation should address all the concerns raised by staff. Please do not hesitate to call if there are
additional concerns or questions.
~~i(J../7~L-
Richard H. Thompson. P.E.
Cc: Chris Thornton, Jesse Hardy
RHT Engineering. Ioe.
319 Inman Street
Lehigh Aaes, FL 33972.
PHONE: (139) 369--8900
FAX: (2.39) 369-8900
WEB; www.rbtcnginccring.com
-..-, '_..._.._._...-.~
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Agenda It~o,¡~
Apnr~ 2~
Page&.6làrdJ 164 U/1ðJ.
~~
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89/28/2084 15:42
85E14141228
FLDEP
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IN nø CDtC11lT COURT OJ'TIIE TWEN11ETH JlJDICIAL COt
IN AND 'OR COLYD. COUNTY, PLOIUDA
FLOItJDA. DØ'4JtTMINT 0'
ENVDWNMlNTAL PRO'l'I.CTION, ora
bebaJI of 'I3E BOARD OF TltUS'l'iZs
OJ'TIØ IN1'ERNAL JMP1t.O'V'DØNT
TRUST nIND,
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Cue No.: 11<1- ¿¡I e;c¡. M
J..dger .I;{,AA (;C).
JISSE JAMES BAlIDY, &T .u..
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I Së S !:
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PETD'ION IN ~ D.QMAI\'f g!:! :: ~:::
§ ~ :<0
hfiåaaar, lLOIUI)A DDARTMKNT OF ENVIIlON1\aNTAL p:a.Q'IJi:onõk. ~
- :aO
of TBE BOAlm OJ' nUSTUS OF TIŒ INTDNAL IMPB.OVE1'tŒNT mUS'r :vmS, ~';
J_ JIDIIeI BanI, ucI aKIh Detadam set forth OD me .1Dehed Service Liat IUd IDe¡eI:
1. Tü b.. lIOIiaa in ~~ dCllDllin lID _~ ocn.m plopmy1œatod wlddnCa1HerCoumy..
PûJrida.
2~ Petitiœtt is exercÏIIDI tile pøwer of e:minoDt domai:ø by, ¥ÏrtDc afthe aw:bority pnœd to it by
Cmplerl 13. 14,253. and 259, P10rida StamfeI(2003), _ by kelOlutiaadulyexecutltd by the Deplt'tment
of EnvirorJmenral Prcactioo tbrouøh ill Sectatuy, a copy ofwbich 'ÌJ atIIcb&:d bemo m:ubd Exhibit "I".
. 3. The prapeny is beiDl acquirod. becwse ~fhl =~~ta1IC1ØÏtivity¡ 10 pesavc aud prr.:ICeIC1
an ~ornøun1 ~ 1bItb in '-nn-.t daøcrofc:Wvdopmr:at; to ,.~IIGt,. aa4proœctbads
and '-"cùces of IIIW¡ue wlu to tilt Iåte, which ~ odJerwise rcsuJt in iJreparab1e 1øD to tbe state; ro
facûitatc lIus ¡tam's ability to 1nID.II8 and prottct othc:r ltIœ-owncc! WId; and far use II a c:oøse¡vaEÏon aad
~âOD area fœ' the pcaple of the Swo ofPJorida, Ihc atqWIìtiDD i& 1J""OHIVy to eahmce aDd pl'MtrYe
walU quaJit)'~ to pro_a &b and wi1d1~ babi-. IDd to pocect an eadan¡ered _tmal resource area.
Prapeny U1 ~ Saw OUr EverJiadeI Prqjeat lyiDg taUtb of1-75 lOCI commoaly ,~ed to.. Golds Gate
Estate Sa\1th ¡s destpaœd .. put of die CooICll'ft1ioa IDd RoœntiOJ! I..Indt Propam. The Save Our
Ever¡lad- Prajct ølü¡bJy ~ OIl the ~isitiOD prioriIy lilt *PPfOVCd by tile Góvemor sad CabiDet.
EMINENT
SEP 0 2 ZD04
D DMA II
1
B9/28/2B84 15:42
8584141228
F1..DEP
Agendal~o~~
. Ap¡.¡r2t5, 2005
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4. DeIcriptSoD oftbe property sou¡bt ro be acquired i.:
TBE NOaTBWJ:ST V4 or SECTION 16, TO'W1QlUP 50 Sotml
lW'lGE 11 EAST, cotl·Œ' COI1NTY. J'LORJDA
S. 1be 0I1IÞ or ÚJ1IIr8It in tbI P'O;-Cttt 1tw håII.oner Î.nÞISd. to lCquia il fee åmpIe lid. in the
Baud ofTmlleeS of'~ Inœm&l Imp¡-owman 'ðUIt PuncI.
,. ,eôtioncr" mede cUllaoar IaKCh au! inquiry TO c1i.scowr the UZØI, ruüIeDces. and legal
disabilitlea, ita,. wimrMUtl iu the P¡~4)'o£aJI OWDet'l, lessðes, n:tanpgees,jud¡mtntorecliUJrC.Uen
boIdas, ad penoas in -poaøeuion md ofal1peaOa.haviq ortlaimfnø ~ Mve ...iDlerestÜl the pIOPttt)'..
at forI:b above and in die dl.cbed $.w:e Lút. No øaobile bøa:lelue Jocu:d. on 1he properlY.
1. Pet:itiader bu IUrwyed or lacI.II4 the .... ofprojecr ooalU'W:ticlD usd. ådIads in JOOd tàith 10
COlllZNCt the project OR Qr OYer the dcscn'bed JIIO~.
8. !'eIitiaaer ù autbarfJ:ecl to tab poAeuiGllIDd åtk jD ad'V1lace of tho eotiy offiDalJud.(PDCnE in
"""""a dømaiD acticuø. ad its ctealAntioa oftaldD¡ iI urachcd marb4 J!xhiblt "'2".
5'. Peñrltø1e1" compDed with aU oaadhløaa precodmr 10 PetfdØrDar'1 rflbt to proceed with tbø
CØ!I~tion ofrbl duoribed proparty.
WØERDOJt&,PodtioDor ~1ÌdI1IJa1:
A. It" .pemdttad ~ eoad~ ad tab .. propen)' deIcribec! m plDcnPh 4 far Ebe: \&IClIDd.
J'UIPC*II &et forrh ab....... - that the bJIeœm IOUJbf be vuDIIl h\ the Board at TJØIteeI of !be Iat:crmIJ
høprowmet 'I'nIá FUÐd.
B. T1'iaJ by jury be held em aU matIerI triable . . maner ofà&M by .jUly.
C. The jmy be requm Co v1ew!be property,
D. Petilioaer be paJItDd poll". mdci~iaiadvaaceof'&u1jud¡meatwœrCblpœr14.P1orida
S....
DI:tI4: AIIpIt 2.7.2004,
CBAJrT U J. OIST, JIL
A~
EJaibe M. AIad. . FBN: ()109610
RobImL $c·"1w FDN: 0113871
11 Q SJ!. 15th St. 9th PIOOJ
F,,~PL333Dl
Phoae: JS4.-71z.4600 Fax: PS4-71~761
Attøm.cy for Ped.dODIl
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a9/28/2ß84 15:42 8504141228 FLDEP
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Agenda lhIŒNofliA
Amil 26, 2005
Pa'~'móf 16.(.....
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. BESOLtmON or CONDDlNATION
ST4 ø or nÞ1UDÂ DUA.JrI'M.J:NT OJ! KN'YDUJNMINrAL PROT.EC1'ION
..-. j L
USOLVTION NO: '.1004-01 BOOB lnúaeat DcmI.aIÞ. liS... ØardJ"
WíŒREAS. the Baud otTruateeI af'd. ~ ~O~ Trust FUD&f if aurIwWod by
Sectiøn 2$9.041, F1œida StMUfat to direér che Florida Departm:ot of Bmr'1I- "I~~_dsI Proœc:tiaa to
e:øzciae b pcnrm ðf~ dœÞain to acquire pNperties fir the ~tf~ ad hcration LandI
(c.uL) Pro¡raza; aDd '
WBBlU!AS, tbø Saw Our JivettIId.es CARL prqjecl Ù nDbcI1IUmbet 3 oø tba CARL Me..-
MWtipuœl Þrojèct Uat "I4"CNCd em Feœu.y 12, 2000; md
WHEIŒAS tbat ponioD ofibc Sa-ve OUr IMrpaðCla PfO.i~ 1yinc IO\Jlh afI-15. çommoaIy
rcbed. to as Goldft 0IIe EssIeI Soutb, contlÙl.l1lnd felnl.iDinl to be'l.cqWed. in fbc Save Our
£versl-- CA:RL project IDd the øa.fJ'of1he Di'lriaion ofSmte IAødI'l1åve beéI1 UDÙle to n.tiar.o
sañsfaøtaty a¡reemaatl to purchue dwe landa; and ..'
WHEREAS. twO bona fide oft'å 'have been seSe by _ S~ to acquire tbMe Jauds and =
impIUe bmleeø 1M ctate w11mdønerbu ~ rcacbr;d; aad
W'BEIlMS, 1M Govr:mor IDd Cabiaat, aium. u tha Board ofTruatøos of tba IDtemaJ
Improvcmeot Trust F1III.d, U~ I\l1:bÐrized the Secretary of the PJarida. ~11OIDt of.vh~ta1 ,
I'rc*ctioa 10 pmceed rib the IICq1IiIiaiaD af_ propMÌ&!I descrtbcc! fa ~'bit A t1aftNIh rhe eDICiæ of
\be power otDisscÐt doøin; - .
WHEREAS, the f1ÐtidI, E~a IICOla¡ical JyItan is of apcda1 ~ 1Þ __tate; tM
Florida ~ eaølaJlÌclll)'S1I:m RrWI u tbt habitat tar diwne tpeeiea ofvn~ aDd plam life;
the EvcraladM aco1DIÏW S)'IbØD is 1ID1que ill the 'MIdI! Qd DØ otFlorida', sn-t trc&IIIIai 1hc
Bwr¡1&- ecolop:a!. syItc= iI eadr~ by àmDinc1t dawtopmeat :md 1& .. NIUlt of Iðvme c!øID&a
in waœr q1lAÜ1y lad iD me qUDCity, dinibutioa, me! timiaJ 01 water t1øw8. and tberefare mbIt be
rt':stOI'ed'øi pt'~ and the :EverJladea restmltiðn plan bas ben dcstþed as . prasnm to ~
protect, and I'CI1ZIR tho E~ cca10giCÑ 1)'Itcm; and
W1ŒIEAS, ,. acquiåtiœ oftbese laucù withm the Save Our Ewrgladas projc:ct ill criúca]
element tbr úap1eø.aÞtiftn 01_ ~ ,....... plan and. the aoquØition of__ ... wiI:IåI1
the Save Our E~. ¡xujacr is 1llDellCY1o pra=t hydrologic:aJ ~·IJDGDI Bi& Cypc:aI
Natiana1. ~ r~ S~ Sa. 'Proetrw, IME~ Na:icma1 Park; to prGtecI: met ..
zesmre 1118 £~ which i& all tnda¡ere4 ~Ma1 TOII'JU1'C8 ofUftÙI\IC wJue to the 8faœ; md to
1nU\IP CIf protect aebcr statc___1l11d1d tb8 acquiaitioD otthese 1udr,
'11IEltE1=OIE 8E rr RBSOL VEl) that the acè¡uiåtiCIII of" J«opeItia dacribIId iza Bxhibit A is
of special tmponanøc tit die ltato 1IId·1I neeeuary a) to preserve and protect aD cudauprec1 IX' a.tura1
resource that t.s tl1 tmmmc:nt l!anaer of devel~ b) to pracMI and prGœ;l1lndl did ~ of
unique vaWa to _ ItIÞ and the t'aØwo to a&:;quirc it will muJt in ~ ~ to tho 1taIIe. aød c) thI:
faIlute of the JIIIJe 10 acquin it wiU l8riously inrpab- th. .mile', ability to ØW1ap 0(' pratId other SÞIÞt-
OwaM 1andr. '
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Agendal~oe~A
Apríl'~, 20Õ5
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THEREPOU BE rr R.&WL VED dIU it 11 UN 11ì...if tar rbe FIœida De:p¡ItaItt or
~...u,.,,·w rmÞ:d:itla Q) IOrOÌIC its poM:r of cm:iDeat dømIiD to acqåire 11» prapa1y' døIaribed in
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in'ep1aeo&b1e _cb II vüad eca10licaJ ru~ ot the 81at1 otP1orida. _ b Offioe of the A1tœÐ.cy
~ it bcNby éireccoð. to acqWn __ by die po.,... of eminent cIomafn by utiUzmc "'yand aJ1
rdeYmt ~ oItbe s_ otFlorida.
STATI: or nDRlDADU.AR.1JIXMT
O'l:&N'VIBONMDrrAL ,a0111ïCÜON
BYr
SECBETARY
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~ 14:4':1. Rl1lJoCN:.Y ~ ~"'I~" 44::1.:!'(ltl
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Agendal~~o.J~
April~ 2ót15
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09/28/2BB4 15:42 8504141228 FlDEP
ii:I~_oe:1ØþIt .,,'..::1 1"'11 Il.n'Cr ~:3 I.rl""'-I::. .. ~&I.::I.I!:'.I:I
Agenda ~oe,A
April 26, 2005
Pa~~M16~
-1
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G
~ T8Z CIRCUIT còVRT or 1'BI 'l'WEN"I1rrJJ JriJJIClA.t. CJJlCt1n',
IN AND FOR COL.t.Œ'R COtJNTY. I'LOJU])A
JI'L01UJ)A DEPAIttMI".NT 01'
J:N\IJRONMINTAL PROTBCTION, QB
beWt.rTBt 8O....)IJ) O'lTR.t1STRI
OF. TBB JND.INAL IMPROVDII'.NT
muST nJM),
PIUdoli....·
v.
JESSE JAMES JL\RDY. IT .u...
ÞereadutL
,
DIU"'I·.tIU. Tlt'W 011' TAXING
Pet:i1iaac, FLORJDA D~Allnœ:Nr OF BNVDlONMENTAL ÞR.OTBC'J1£)N. OG behalf' of
nœ. BOARP Of TRtTSIBES Of TEE JN1ERNAl DØR.O~ TRUST JI1JNn, ba\llng the right
totlb ~ and d*iDad'VIDCfI o!1heanuyotØnl1JudPleøda Mftiur¢dcmaJD.acIÚm5,.. ~ðYidCd
by Jaw.1MbI Í'I& Dec\andiaa ofTù:iD& .. fa11.o\vr.
1. J'D ~~wi2h~ StatI1te Seotiaa 74.031, tM....O,lAdyiltemitJld.. WiWtua1paø:e.t1in:d
below _ in the htitiaa ill ~ ~ i; t'III:n for the UIeI_forda ÙJ the Pe1i1ioø.. Staid ~
pace! is idead!ied II Tø m ## HOA795«OOOJ 1M lepUy dftscribed· u:
1'DNOaT.ØWIST 1'4 or ØcnoN 16, TOWNIBIP so SOtml
'R.U1G1E 21 ZABT, COIJ.ŒII COUNTY, nOJDDA
2. A. good fIådIllldmateaf1bc pu'Qt1',yùua. biIed upDD ~ va]id Ippåa1, is S1,.300,000.
I!XHIBIT
f z
CJlÃ1II J''' J. ausT..r.a.
~~
ElAIl'ΠM. ASAD 1'BN: 0109630
Rob., J. 8..... P'BN: 0183871
110 S.s.. ~ St., 9th PJaar
. Ft. Laudnùle, FL 33301
Phaae: '*712-4600 Pex: 9S4-712~761
Attorney fbr Pe!itioDer
___..___ .. ._n_·__·_____.
09/29/2004 15:42 9504141229 . FLDEP .
1Ø:V4:i:V_ ......, MI II.IVCT I;IICI~ '-6"1""1u:. .,. ~,u.
Agenda ~ol!liiA
Ap'ril 26,:.2005
Page·.f4" of 164-
\J
'-'
~
SERVIC'& LIST
DEP \'. JESSE JAMES IL\lU)Y
OWNER: Jeue JIU1eI Hardy
6000 Naomi Street
Napier, FL 34117-2626
~rtpleel: Natiou B:mk, NA. (2)
DN..... of Ameriça
'4501 T.mami Trai1
NIpla, FL 34103
CitizaDs Community Baak of Florida
. 650 E1kDam Circle
Warco k1and. FL 34145
Mortppr: 1ames L. Km. n
W.lœel Karl A Aøoçiata
91' North COlliør Blvd.
MIIrOO lIJand, FL 34145
TIIl'8 Hilton
6000 Naomi Street
Napl.. FL 34117...262.6
Nonhwest PÙ'~.J Florida, Iacö. (l-.dp-.,.t ha1der)
S449 Aùport P\1Wøg R.où Nd
Nap!.. FL 34109
Da.v\dJon ~ IDe. (Jia lIalder)
1720 J .. C Blvd., Suite 3
Nap1a. FL 34109
Collier BnviroDmaltal Conl1l1f.111'" Iœ. (IIa balder.')
3880 Estey Avenue
Naples. FL 34104
Stanley IL Fo.. Sr.
2147 Palm Stnet
Nap1~ FL 34112
Aldpee: AgariaoIirco u.c
Ilo-23zd Su-NW
Nap.... t:L 34120
I
Guy Carlton. Tax Collector
CaDi... County(]owmmem Complex. Bid&. ~1
3301 Tamiami Tni1. But
.Naples. FL 34101
Richard H. Thompson, P .E.
319 Inman St.t Lehigh Acrest FL 33972
Phone & Fax: (239) 369-8900
e-mail: ricbard@richardhthomp80D.com
Agenda Item No.7 A
April 26, 2005
Page 45 of 164
Traffic Impact Statement
Jesse Hardy Aquaculture Ponds
The site is currently in use and has been in operation for approximately 2 years. It is located in
Southern Golden Gate Estates, which is included in the Golden Gate Area Master Plan which
includes the following policies:
SGGE Policy 2.1.1 states: "Minimal road maintenance to include traffic signage, right-of-
way mowing and road surface patching/grading will continue;" and
SGGE policy 2.1.3 states: "Special taxing districts associated with inftastructure
improvements sball not be created for or expanded into SGGE."
The previously approved Conditional Use pennit estimated the traffic at 50 - 80 trocksI day
resulting in no adverse traffic impacts.
Per discussion with Alan S. EI-Urfali, Senior Project Manager with Collier County
Transportation Planning Department, the information required for this application is limited to
the total daily trips and the peak hour.
This information has been derived the amount of fill sold over the last 3 months assuming 18 yd
trucks. The total yards ofmateriaJ sold information was provided by the owner.
During this period of time 27,000 yds of material have been removed from the site equating to
1500 trucks. The operation has been open for 60 days durina this time period resulting in an
average of 15 triDlI dav. The site is opened 10 hours / day thus the average hourly trips is 2.5.
Assuming a peak hour of 200.10 of the daily traffic results in a peak hourly rate of 5 triDsl hour.
The traffic cunently is well WIder the original estimate. However, it may be appropriate to
continue to use the original estimate of SO trips I day. This would maintain a conservative
estimation that may in fact come to pass as time continues to pass.
--- - ._--
CU-2004-AR-5746
PROJECf II 2004040016
DATE: 4/1512004
FRED REISCHL
www.richatdhthompsoo.com
PJc&;~;P;&
. # 46720
't-'f-¿Jf -'
_.
. ,
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Agenda Item No.7 A
April 26, 2005
Page 46 of 164
. .
--., - --., .-.---
CU-2004-AR-5746
PROJECT # 2004040016
DATE: 4/1512004
FRED REISCHL
ENVIRONMENTAL IMPACI' STATEMENT
.Jesse Ha~ Aquaculture Ponds
Collier County. Florida
OctOber 2000
Prepared For
Jesse Hardy
6000 Naomi Street
Naples. Florida 34104
Prepared By:
Collier Environmental Consultants, IDe.
3880 Estey Avenue
Naples. Florida 34104
(941) 263 - 2747
L
..
Agenda Item No.7 A
April 26, 2005
Page 47 of 164
-....,
COT.T ,TER COTTNTY
~ONM'ENTAL TMPAc.T STATEMENT
3.8.5.1.
APPLICANT INFORMA TlON:
1. Responsible agent who wrote EIS and his educatioD and job related
environmental experieute.
Marco A Espinar, B.S. Biology, Univenity of South Florida
Collier Environmental Consultants, Senior Biologist
Turrell & Associates, Semor Environmental P1mmec
SFWMD, Natural Resource Regulation
Collier County Government, Development Services Department
1. Owner's name aod address.
Jesse Hardy
6000 Naomi St.
Naples, Florida 34145
3. Affidavit of proof of authorized agent.
Submitted With Application and Engineering
3.8.5.2
DEVELOPMENT AND SITE ALTERATION INFORMATION:
1. DacripÖõn or proposed land ose.
The subject parcel consists ofapproximate1y 159.4 acres and is located in
Section 16, Township SO, Range 28 Collier County, Florida. The
applicant currently resides on the premises. In tota135 acres will remain as
a Homestead, 24.8 acres will be persevered and 91.58 acres will be
impacted. Tbe applicant is proposing to excavated 4 lakes for a fish farm.
The apþlicant is proposing to raise native fisk
See Item # 2 - Zoning Map
~..._,^,.
;
"
3.8.5.3
Agenda Item No. 7 A
April 26,2005
Page 48 of 164
2_ Legal descriptioD of site
Nl/2 of the S1I2 of the NW1I4, Section 16, Township SO, Range 28 East
Collier County, Florida
3. Location and addreø description
The project is located in Section 16. Township 50S, Range 28B. in Collier
County, Florida. The area is located south of Alligator Alley, east of a
drainage canal and west of Merritt Blvd.
MAPPING AND SUPPORT GRAPmcs:
1. GeDeral Location Map.
See map Item # 1
2. Aerial photo of site with bouDdaries delineated.
See map Item # 3
3. To~hic map showing upland contoan .
Water Management Topo's are Dot avaiJablefor this area
4. Existiag land use of site ud sulTOundiag area.
. Please see existing land use description under 3.8.5.2 (1) and the
location map £Orland use of the surrounding area.
The existing land is currently undeveloped and has an Agricultural
Zðning and is requesting a Conditional Use for the excavdÍun of
aquaculture ponds.
5_ Soils map
See Soils map and associated attachments Item # 4
6. Drainage plan
Conditional Use Site Plan - Water Management Plan has been
. provided by Davidson Eriginéering, Enclosed
7. Development plaD indading phasing program, service area of
existing aDd proposed publk facilities, and existing aDd proposed
transportatiOD Detwork iD the impact area.
.. -..--..- -
Agenda Item No.7 A
April 26, 2005
Page 49.of 164
--
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TWP. 50S.-RNG. 28E.
NORTHWEST QUADRANT
CDU.IER COUNTY FLORIDA
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Agenda Item No.7 A
April 26, 2005
Page 51 of 164
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3.8.5.4.
3.8.5.4.1.
.'._----,~-
Agenda Item No. 7 A
April 26,2005
. Page 52 of 164
See Conditional Use Site PIan
IMPACT CATEGORIES:
BIO- PHYSICAL
1. Air Quality.
a. Changes in level of air peIIutants as defined by current
regulations.
Air pollution generated by COnstruction of the project will
consist of dust ftom earthmoving activities and smoke trom
open burning of debris. In addition. air pollution will be
slightly elevated by exhaust fumes genecated by leaky
equipment during construction.
b. Number of people that will be affected by air poUution
resulting from the project.
Due to the location of the project and the surrounding area
being undeveloped, nobody should be directly affected by
the slight increase in air pollution generated by this project.
Co Procedura that wiD be used to reduce adverse impacts
of air poUution.
Water will be sprayed for dust control Open burning will be
dependent upon daily issuance of a burning permit trom
Golden Gate Fire Department: wind direction ·andmoisture
levels (dampness) are taken into consideration prior to
issuance of a bwning pennit. The Division of Forestry will
be notified with the bum permit number and details of when
burning ~ proposed. The Golden Gate Flre Department
would is the lead agency.
2. Water Quality
a.
Changes in levels and types of water poUution as
defmed by' current regulations.
Water quality is not expected to be degraded as a result of
this project.
~_.... ..--. ...... .
Agenda Item No.7 A
April 26, 2005
Page 53 of 164
..
Road Drainage
Not Applicable
Sheet Flow
Not Applicable
Rear lot 6n~ Building Site Drainage
Not Applicable
intercOnnection of the water management system will occur as
follows:
Not Applicable
b_ Inventory of water uses that are restricted or precluded
because of pollution levels resulting from this project.
None
c. Penon affected by water poDution resulting from the
project.
The project is not expected to generate water
pollution in contradiction to state standards.
d. Project designs and actioDS which will reduce adverse
impacts of water poUution.
The project will incorporate standard South Borida
Water Management District I Collier County water quality
control standards. This project is not expected to generate
water pollution.
3. Physiography and Geology
a. A description of soil types found in the project area
The site contains three types of soils:
# 11 Hallandale FS
# 18 Riviera FS -Hydric
# 49 Hallandale and Boca FS (slough)
-"--,--~.,...-
Agenda Item No. 7 A
April 26, 2005
Page 54 of 164
The descriptions of the soil type are attached as
Item # 4 (as obtained by Collier Soil and Water
Conservation District)
b. Areal extent of proposed topographic modification
through excavation, dredging and f"dJing_
The site is relatively level with elevations between 10.0 feet
to 12.0 feet above mean sea level.
Upland Excavated
Wetland Excavated
Upland Fill
Wetland Fill
80.78 acres
o acres
10.80 acres
o acres
Co Removal and lor disturbance of natural barrien to
sfonn waves and ßooding.
None
d. Modifications to natural drainage patterns.
The sites natural drainage pattern has been impacted by the
neighboring canal. The project as proposed mould not have
any significant impact to the existing drainage pattern. The
proposed ponds will provide additional water storage.
e. Extent of impervious suñace and percent of
groundwater recharge area to be covered.
The t-otal amount ofproposeå impervious surface is O.
r. Annual drawdown of groundwater level resulting from
use.
It is anticipated that the proposed development will improve
the current ground water table. These lakes will increase
the storage capacity for the area.
g. Increased siltation in natural water bodies resulting
ftom tbe proposed use.
No siltation will occur in natural water bodies or in any
wetlands.
Agenda Item No.7 A
April 26, 2005
Page 55 of 164
4. Wetlands.
a. Number of acres ofCoUier County jurisdictional
wetlands by vegetation type, vegetation composition,
vegetation abundance, and their wetland functions.
See Item # 5 Vegetation Community Descriptions
b. Determioc prescot seasonal high water levels and
historical high water levels by utiliziDg lichens lines or
other biological indicators.
The area has been impacted by the neighboring canal. The
area has cap rock at the swface. Any hydrology would
be sheet flow. The area had little signs of any inundation.
Co Iodicate bow the project design improves/affects pre-
development bydroperiods resulting from tbe project.
The area has been hydrologically impacted. The project as
designed will have no offsite discharge. Water storage in the
aquacu1tural ponds will improve the overall hydroperiod for
the area.
d. Iodicatc the proposed percent of the defined wedands to
be impacted and the .effects of proposed impacts on the
functions of tbe wetland areas.
The site has been severely drained. No jurisdictional
wetlands will be impacted, by this project.
Item # 6 provides a complete acreage breakdown by
habitat type, impacts proposed and preserved.
e. Iodicate how the project design minimizes impacts on
the wetlands.
No wetland impacts are proposed with this petition.
Best management practices such as staked filter cloth will
be used at the fill limits to prevent :fill materials Û'om
encroaching into the preserved uplands.
I
Agenda Item No. 7 A
April 26, 2005
Page 56 of 164
f. Indicate how the project design sball compensate for the
wetland impacts pursuant to tbe Collier County Growth
Management Plan.
No wetland impacts are proposed with this development.
In order to offset adverse environmental impacts to uplands
resulting ftom development activities. The development plan
provides for the preservation of 24.8 acres of uplands The
invasion of exotic vegetation in these areas are light. Exotic
vegetation removal will be conducted in all preserved
habitats. Exotic and nuisance vegetation will be controlled
using an approved herbicide.
s. Upland utilization of wildlife and species ofspeciaJ status.
a. Number of acres of uplands by vegetation type,
vegetation composition, vegetation abundance, and
their upland functions.
See Attachment # S Vegetation Community Description
b. Indicate proposed pen:eot of defmed uplands to be
impacted and the effects of proposed impacts on the
functions of upland areas.
Approximately, 80.78 acres ofupJandhabitat will.be.. -'" . . ....
impacted. The majority of these habitats consists of 411
Pine Flatwoods and 428 - Cabbage paInt
See Item # 5 and # 6
Co Indicate how the project design minimizes impacts on
uplands.
The site will preserve the required 15 % of native
vegetation on site. The project as proposed will
preserve 24.8 acres and an additiona135 acres will
also remain as a homestead. The project also has a
50 foot buffer along the perimeter of the project.
d. Provide a plant and animal species survey to include at
a minimum, species of special status that are known to
inhabit biological communities similar to tbose existing
on site aDd conducted in accordance with the guidelines
of the Florida Game and Fresb Water Fish Commission.
Agenda Item No. 7A
April 26, 2005
Page 57 of 164
Enclosed. See Threatened and Endangered Species
Survey
e. Iodicate how the project design minimizes impacts on
species of special status.
No Threatened or Endangered Species has been
identified on the subject parcel. Alligators have been
observed utilizing the drainage canal to the west.
6 Marine and Estuarine Resources
Not Applicable
7 Noise
a. Describe changes in decibels and duration of noise generated
during and after the project (both day and night) that will
exceed CoUier County Regulations;
b. Steps that will be taken to reduce noise levels during aDd after
the project; and
Co Project compliance with Federal Aid mghway Prognm
Manual 7-3-3.
No noise wi:ll be generated by the project, either during
construction or subsequent to, that would exceed the County,
State, or Federal regulations. Noise ftom construction will be
typical of that generated by clearing excavation, hauling, etc., and
will be limited to normal working hours.
3.8_5.4.2
PUBLIC FACn..ITIES AND SERVICES
1.
Wastewater Management
a. Describe existing treatment facilities as to capacity, percent
capacity being used, type of treatment and degree of treatment.
The existing single family house has a septic system.
b. H applicable, describe similar features of proposed new
treatment facilities.
. ---..---.-----
Agenda Item No. 7 A
April 26, 2005
Page 58 of 164
Not Applicable
Co Describe tbe cbaracter and fate of both liquid and solid
effluents.
Not Applicable
2. Water Supply
a_ Estimate of average daily potable and Don-potable water demands by
the project.
Not Applicable
b. Soùrce of the raw water supply.
The South Florida Water :Management District does not allow
irrigation wells in the Tamiami Aquifer (80 ft. to 200 ft. below the
land sur1àce): therefore, the water table Aquifer will be used for the
inigation we1Is at a depth of approximately 30 to 40 ft.
The only ground water required is for the existing homesite
Co Analysis of on -site treatment systems relative to State and County
standards_
Not Applicable
3. Solid Waste
a. Estimate of average daily volume of solid wastes.
Qne (1) Single Fanilly Resident
b. Proposed method of disposal of solid wastes.
Solid wastes will be disposed of at the Collier County Land FiJI.
Co Any plans for recycling or resource recovery.
Recycling is encouraged and provided.
4. Recreation and Open Spaces
-.--..-----
Agenda Item No.7A
April 26, 2005
Page 59 of 164
L Acreage and facilities demand resulting from tbe new use.
Not Applicable
b. Amount of public park/recreation land donated by tbe developer.
None
Co Management plans for any open water areas of one-half acre or more
witbin the project.
Lake littoral zone will comply with a minimum 10 % littoral zone
planting or 1,485 LF. As proposed the applicant is proposing
5.100 LF. Control of nuisance vegetation will be by foliar
application of an approved herbicide. The lakes win be managed in
accordance with SFWMD and Collier County standards.
d. Plans for recreational development by the developer on dedicated
lands.
None
e. Amount of public reereation lànds removed from inventory by t.he
new use.
No public recreationallanàs. such as public parks, will be removed
1Ì'Om inventory by the new use. This parcel is located in a area fòr
potential State acquisition. However. to date this issue remains
unresolved and no sCrlous offer has been proposed.
r. D'evelopment and/òr btockage of access to· public beaches' and waters.
None
5. Aesthetic and Cultural Factors
a. Provide documentation from the Florida Master Site File, Florida
Department of State and any printed historic archaeological surveys
that have been conducted on the project area.
Enclosed. See Item # 7
b. Locate any known historic or archaeological sites and the relationship
to the proposed project design.
--------
Agenda Item No. 7A
April 26, 2005
Page 60 of 164
No archaeological sites were found on the site.
Co Demonstrate how the project design preserves the historid
archaeological integrity of the site.
Not applicable
d. Indicate any natural scenic features that might be modified by the
project design and explain what actions shaD be utilized to preserve
aesthetic values.
The project proposes to preserve approximately 24.8 acres.
e. Provide the basic architectural and landscaping designs.
Not Applicable
6. Monitoring
a. Describe the design and procedures of any proposed monitoring
during and after site preparation and development.
The upland preserve will be lNiiotained exotic fÌ'ee as per code
requirements. Since no wetland impacts are proposed,monitoring
reports will not be required.
Section 3.8_6 SPECIFICS TO ADDRESS
3.8.6.1 GENERAL: THE STATEMENT SHOULD SPECIFICALLY
ADDRESS THE FOLLOWING:
3_8.6.1.1 &
3_8.6.1.2 .INDICATE HOW THE PROPOSED PROJECT HAS
INCORPORATED NATURAL AESTHETIC AND CULTURAL
RESqU;RCES AND OTHER ENVIRONMENTAL AND CULTURAL
RESOURCES AND OTHER ENVIRONMENTAL
CONSIDERATIONS IN THE PLANNING AND DESIGN OF THE
PROPOSED PROJECT, AND LIST THE ENVIRONMENTAL
IMPACT(S) OF THE PROPOSED ACrION AND THE REASON(S)
THA T THE JMPACT(S) ARE UNA VOIDABLE AND THAT THE
IMPACT{S) REPRESENT THE MINIMUM JMPACTS POSSIBLE
TO THE ENVIRONMENTAL QUALITY OF THE SITE AND/OR
THE SURROUNDING AREA, WHICH MIGHT BE AFFECTED BY
THE PROPOSED USE.
3.8.6.1.3
3.8.6.1.4
3.8.6.1.5
Agenda Item No.7 A
April 26, 2005
Page 61 of 164
The site has already been impacted hydrologically by the neighboring
drainage canal and by fire.
The project has been designed to minimize impacts to native habitats. The
project as proposed will preserve a large tract of native habitat. The
applicant is proposing to preserve 24.8 acres and an additional 35 acres as
a homestead. In addition, a 50 foot buffer surrouncfing the project and .
5,100 linear feet of littoral shelf will be planted. Exotic vegetation removal
will be conducted in all preserve areas.
PROVIDE SUBSTANTIATED ALTERNATIVES TO THE
PROPOSED PROJECf SO THAT REASONS FOR THE CHOICE
OF A COURSE OF ACTION ARE CLEAR, NOT ARBITRARY OR
CAPRICIOUS.
As previously mentioned. the site has already been impacted by
the neighboring canal and fire. Serious consideration was given in
ß1jnjmj7.ing impacts to the upland habitat communities. The site is
preserving approximately 24.8 acres of the naturally occurring habitat.
IMMEDIATE SHORT-TERM AND LONG-TERM IMPACTS TO
THE ENVIRONMENT.
The short term upland impacts involve the clearing of the property. The
long term impacts will be the enhancement and preservation of the
reD1~jning upland habitats.
ANY IRREVERSmLE AND IRRETRIEVABLE COMMITMENTS
OF NATURAL RESOURCES WBIœ WOULD BE INVOLVED IN
THE PROPOSED ACTION SHOULD BE IMPLEMENTED.
Vegetation will be cleared to accommodate the permitted uses and
structures. The development plan provides for the restoration and
preservation of remaining upland habitat.
-~-'""-
'.
Agenda Item No. 7 A
April 26, 2005
Page 62 of 164
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TWP. SOS.-RNG. 28E.
NORTHWEST QUADRANT
COLLIER COUNTY FLORIDA
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ITEM # 2
SOlIS
# 11 H.IIAndale FS
# 18 Riviera FS, Limestone Substratum - H~dric
# 49 J(.n.ndale and Boca FS. - Hydric
Agenda Item No. 7 A
April 26, 2005
Page 66 of 164
ITEM # 4
.
.
Age,nda Item No,'. 7 A
April 26, 2005
Page 67 of 164
L,'
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KYDlUC
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cOr..LIER COUNTY SO II, LEGEND
REVI~ED 1/90 H. Y~TAJCI'
·2
3
4
H
6
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8
10
..-". 11
14
15
16
17
18
.. 20
'21
22
23
25
35
·36
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38
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48
49
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51
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53
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'BOLoPAW FS,' LIMESTONE SUBSTRATUM
MALABAR FS.
CHOBEE, LIMESTONE ~STRATOM AND DANIA MUCKS
DEP~SIONAL .
RIVIERA,' LIMESTONE SUBSTRATUM-COPELAND FS
IMMOKALEE FS
MYAKKA FS
OLDSMAR FS, LIMESTONE SUBSTRATqM
HALLANDALE FS
PINEDA FS, LIMESTONE SUBSTRATUM
POMELLO FS
OLDSMAR FS
BASINGER FS
RIVIERA FS~ -LIMESTONE SUBSTRATUM
FT. DRUM: AND ·MALABAR 'ijIGH-, FS
BÒCA FS ' .' '.'-
CHOBEE, WINDER.AND GATOR' SOILS, DEPRESSIONAL
HOLOPAW AND OKEELANTA SOILS DEPRESSIONAL
BOCA, RIVIERA, LIMESTONE SUBSTRATUM AND
COPELAND FS DEPRESSIONAL
HOLOPAW FS
'PINEDA AND RIVIERA FS
WABASSO FS, .
BILOLO I;..IMESTONE SUBSTRATUM, 'JUPITER AND
MARGATE SOILS
URBAN LAND
URBAN LAND HOLOPAW BASINGER COMPLEX
URBAN LAND I1.-1MOKALEE OLDSMAR LIMESTONE
SUBSTRATUM COMPLEX
URBM WD AQUENTS COMPLEX ORGANIC .SUBSTRATUM
UOORTHENTS SHAPED
TUSCÄWILLA FS
URBAN LAND MATLACHA LIMESTONE SUBSTRATUM
BOCA COMPLEX
39 SATELLITE 1.#'s ,
40 DURBIN AND WULFERT MUCKS
4~ URBAN LAND SATELLITE COMPLEX
42 ,. CAN1WERAL BEA~S ASSOC1:ATION
43 - WINDER, RIVIERA'; tÌMÉSToNE SUBSTRATUM: AND,
CROBEE SOILS DEPRESSIONAL
PAOLA FS (1-8 percent slopes)
PENNSUCOO SOIL (marl prairie)
HALiLANDALS AND BOcA FS (slough)
OCHOPEE FSL, PRAIRIE (marl)
OCHOPEE FSL
KESSON MUCK FREQUENTLY FLOODED
ESTERO AND PECKISH SOILS FREQUENTLY, FLOODED
JUPITER BOCA COMPLEX
BASINGER FS, OCCASIONN-tLY:FLOODED '
27
28
29
31
32
33
34
ï
,,-_..'" '"
County Area, Florida
~'i ~
-""dbrush control. This Myakka soil is in the South Florida
. .·twoods range site.
-'This soil has severe limitations for most urban uses
-, use of the wetness. I.t has severe limitations for septic
'~rik absorption fields because of the wetness. If thIs soli
!üsed as a septic tank absorption field, it should be
.~' ed to maintain the system well above the seasonal
'.. - water table. For recreational uses. this soil also has
limitations bec:ause of wetness and the sandy
re; however, with proper drainage to remove excess
water during wet pertods, many of the effects of
limitations can be overcome.
. Myakka soil is in capabnlty subclass IVw.
is nearly level, poòrly drained soli is on llatwoods.
. ual areas are elongated and irregular in shape, and
'. range from 10 to 300 acres in size. The sloPe is 0 to
.;2: percent
. :r' TyplcaDy, the surface layer Is dark grayish brown fine
. sand about 4 inches thick. The subsurface layer is fine
sand to a depth of about 35 inches. The upper part of the
~. subsurface layer is light gray, and the "lower part is light
;¡; brownish gray. The subsoil extends to a dëpth of about 60
'. Inches. The upper part of the subsoil is black fine sand,
the next part is very dark grayish brown fine sand. and the
!.. lower part 1s dark grayish brown fine sandy loam..
Umestone bedrock is at a depth of about 60 inches.
In 95 percent of the areas mapped as Oldsmar fine
sand, limestone substratum, Oldsmar and similar soils
!;~ make up 85 to 98 percent of the map unit. In the
remaining areas, the -ofdsmar soil makes tip either a
higher or lower percentage of the mapped areas. The
characteristics oflmmokailee and Wabasso soilS are
similar to those of the Oldsmar soil.
The dlssimìlar soRs In this map unit are small areas of
Malabar, Pineda. and Riviera soils in sloughs. These soils
make up about 0 to 15 percent of the map unit.
The permeabifityof this soli is slow. The available water
capadty is low. Under natural conditions, the seasonal
high water table is between a depth of 6 to 18 inches for 1
to 6 months during most years. During the other months,
the water table is below a depth of 1 S inches, and it
recedes to a depth of more than 40 inches during
extended dry periods.
The natural vegetation consists mostly of cabbage
palm, South Florida slash pine, saw palmetto, waxmyrtle,
and chalky bluestem.
This soil is poorly suited to cultivated crops because of
the wetness and droughtiness. The number of adapted
crops is limited unless very intensive management
practices are used. With good water-control and soll-
Agenda Item No. 7 A
April 26, 2005
Page 68 of 164
21
improving measures. this soil is suitable fòr many fruit and
vegetable crops. A water-control system is needed to
remove excess water during wet seasons and to provide
water through subsurface irrigation during dry seasons.
Row crops should be rotated with cover crops. Seedbed
preparation should include bedding of the rows.
Applications of fertilizer and lime should be based on the ,
needs of the crops.
With proper water-.control measures, the soil is well
suited to citrus. A water-controt system that maintains
good drainage to an effective depth Is needed. Planting on
raised beds provides good surface and Internal drainage
and elevates the trees above the seasonal high water
table. Planting a good grass cover crop between the trees
helps to protect the soil from blowing when the trees are
younger.
With good water-control management, this soli is well
suited to pasture. A water-control system is needed to
remove excess water during the wet season. This soil is
well suited to pangolagrass, bahiagrass, and clover.
Excel/ent pastures of grass or a grass..cJover mixture can
be grown with good management Regular applications of
fertilizer and controlled grazing are needed for the highest
possible yields.
This soil is Jnoderately suited to range. The dominant
forage consist$ of crèeping bluestem, lopsided
Indiangrass, plneland threeawn, and chalky bluestem.
Management practices should Intlude deferred grazing
and brush control. This Oldsmar soil is In the South Florida
Flatwoods range site.
This soli has severe limitations for most urban uses
beceuse of ~ness. It has severe limitations for septic
tank absorption fields because of the wetness slow
percolation rate,. and poor filtration. If this soil is used as a
septic tank absorption field, it should be mounded to
maintain the system well above the seasonal high water
table. For recreational uses, this soil also has severe
limitations because of wetness and the sandy texture-
however. with proper dral!l~ge to remove excess SUrf~ce
water during wet periods, many of the effects of these
limitations can be overcome.
This Oldsmar soli is in capability subclass IVw.
~ 11-Hallandale fine sand
This nearly level, poorly drained soil is on flatwoods
Individual areas are elongated and irregular in shape, ~nd
they range from 20 to 1,000 acres in size. The slope Is 0
to 2 percent.
Typically, the surface layer is very dark gray fine sand
about 3 inches thick. The subsurface layer is grayish
brown fine sand to a depth of about 9 inches. The subsoil
is yeHowish brown tine sand to a depth of about 12 inches
Limestone bedrock is at a depth of about 12 inches. .
..----
I" .
, .
22
"
In 95 percent of the areas mapped as Hallandale fine
sand, Hallandale and similar soils make up 83 to' 98
percent af the map unit. In the remaining areas, the
Hallandale soil makes up either a higher or lower
percentage of the mapped areas. The characteristics af
Boca and Jupiter soils are similar to thase of the
Hallandale sail.
The dissimilar soils in this map unit are small areas of
Pineda and Riviera, limestone substratum, soils in
sloughs. These soils make up abaut 17 percent or less af
the unit.
The permeability of this soil is rapid. The available
water capacity is very low. Under natural conditions, the
seasanal high water table Is between a depth of 6 to 1 B
inches for 1 to' 6 months during most years. During the
other months, the water table is below a depth af 18
inches, and it recedes toa depth of more than 40 inches
during extended dry perleds.
The natural vegetation consists af South Florida slash
pine, saw palmettO', creeping bluestem, chalky bluestem,
and pineland threeawn.
This soil is poorty suited to' cultivated crops because af
the wetness and droughtiness. The number af adapted
crops is limited unless very intensive management
practices are used. With good water-control and soli·
improving measures, this soil is suitable for many fruit and
vegetable crops. A water-control system is needed to'
remove excess water during wet seasons and to provide
water through subsurface irrigation during dry seasans.
Row crops shoútd be ratated with cover crops. Seedbed
preparation should include bedding of the rowS.
Applications of fertilizer and lime should be based on the
needs af the crops.
With proper water-control measures, the soU is well
suited to citrus. A water-control system that maintains
good drainage to an effective depth is needed. Planting on
raised beds provides good surface and internal drainage
and ele....ates the trees above the seasonal high water
table. Planting a good grass cover crop between the trees
helps to protect the soil from blowing when the trees are
younger.
With good water-controi management, this soil is well
suited to pasture. A water-control system is needed to
remove excess water during the wet season. This sail is
well suited to pangolagrass, bahiagrass, and claver.
Excellent pastures of grass or a grass-clover mixture can
be grown with good management. Regular applications of
fertilizer and controlled grazing are needed for the highest
possible yields.
This soil is moderately suited to range. The dominant
forage consists of creeping bluestem, lopsided
indiangrass. pineland threeawn, and chalky bluestem.
Management practices should include deferred grazing
i
¡
.;!
-
------.---- --"
Agenda Item No.7 A
April 26, 2005
Page 69 of 164
Soil Survey
and brush control. This Hallandale soil is in the South ~
Florida Flatwoods range site. .
This soil has severe limitations for most urban uses 1
because af the shallow ~epth to bedrock and the wetness.
It has severe limitations for septic tank absorption fields
because of the depth to bedrock,. wetness, and poor
filtration. If this soil is used as a septic tank absorption
field, It should be mounded to maintain the system well
abave the seasonal high water table. For recreational
uses. this soil has severe limitations because of wetness,
the sandy texture, and the shallow depth to bedrock;
however, with proper drainage to remove excess surface I
watèr during wet periods, some of these limitations can be i
overcome.
This Halond_" soli ~ In cap_billy subclass IVw'1
14-Pineda fine sand, limestone substratum
This nearly level, þoorty drained soli Is in sloughs and
poorly defined dralnageways.lndlvidual areas are
elongated and irregular in shape. and they range from 20
to 300 acres in size. The slope is 0 to 2 percent.
Typically, the surface layer is dar1< grayish brown fine
sand about 4 inches thick. The sub~urface layer is light
brownish gray fine sand to a depth of about 12 inches.
The subsoil extends to a depth of about 55 inches. The
upper part of the subsoil is broWnish yellow and very pale
brown fine sand. the next part is grayish brown sandy' clay
loam, and the lower part is light brownish gray and dark
grayish brown fine sandy loam. Limestone bedrock is at a
depth af abaut 55 inches.
In 95 percent of the areas mapped as Pineda fine sand,
nmestone substratum, Pineda and similar sails måke up
79 to 98 percent of the map unit. In the remaining areas.
the Pineda soil makes up either a higher or Jower
percentage of the mapped areas. The characteristics af
Holopaw and Riviera, limestone substratum, sol1s are
similar to those of the Pineda soli. .
The dissimilar soils in this map unit are small areas of
Boca, Hallandale, and Malabar solis in landscape
positions similar to' those of the Pineda soli. These solis
make up about 11 percent ofless of the unit.
The permeability of this soil is slow. The available water
capacity is low. Under naturäi conditions. the seasonal
high water table is within a depth of 12 inches for 3 to' 6
months during most years. During the ather months, the
water table is below a depth of 12 inches, and it recedes
to a depth of more than 40 inches during extended dry
periods. During periods of high rainfall, the soil is covered
by shallow, slowly moving water for abaut 7 days.
The natural vegetation consists of South Florida slash
pine, waxmyrtle, chalky bluestem, blue maidencane, and
gulf muhly.
er County Area, Florida
1e dissimRar soils in this map unit are small areas of
~alee soils on ftatwoods. These soils make up 17
9nt or less of the map unit. .
1e permeability of this soli is rapid. The available
r capacity is low. Under natural conditions, the
onal high water table is within a depth of 12 inches for
3 months duñng most years. During the other months,
,ater table is below a depth of 12 inches, and it
jes to a depth of more than 40 inches during
1ded dry periods. During periods of high rainfall, the
~ covered by shallow, slowly moving water for about 7
18 natural vegetation consists of scattered areas of
h Floñda slash pine, cypress, cabbage palm, saw
etto, waxmyrtle, blue maidencane, sand cordgrass,
and threeawn, chanty bluestem, and St Johnswort.
lis soil is poorly suited to cultivated crops because of
fetnesS and droughtiness. With good water-control
loil-improving measures, this soil is suitable for many
,nd vegetable crops. A water-control system is
ad to remove excess water during wet seasons and
)vide water through subsurface irrigation during dry
:ms. Because of the rapid permeability, the water .
is difficult to maintain. Row crops should be rotated
;over crops. Seedbed preparation should include
ing of the rows. AppflC8tions of fertilizer and lime
d be based on the needs of the crops.
th properwater-control measures, the soil is
trately suited to citrus. A water-control system that
~ ins good drainage to an effective depth is needed.
log on raised beds provides good surface and
.Ial drainage and elevates the trees above the
mal high water table. Planting a good grass cover
between the trees helps to protect the soil from
n-g when the trees are younger.
th good water-control management, this soil is well
j to pasture. A water-control system is needed to
ve excess water during the wet season. This soil is
¡uited to pangolagrass. bahiagrass, and clover.
1ent pastures of grass or a grass-clover mixture can
:>wn with good management. Regular applications of
:er and controlled grazing are needed for the highest
ble yields.
is soil Is well suited to range. The dominant forage
its of blue maidencane, chalky bluestem, and
)int panicum. Management practices should include
red grazing. This Basinger soil is in the Slough range
is soil has severe limitations for most urban uses
Jse of the high water table. It has severe limitations
ptic tank absorption fields because of wetness and
'iltration. Building sites and septic tank absorption
should be mounded to overcome these limitations.
¡oil also has severe limitations for recreational
Agenda Item No. 7 A
April 26, 2005,¿ ~.
Page 70 of 164
25
development because of wetness and the sandy texture.
The problems associated with wetness can be corrected
by providing adequate drainage and drainage outlets to
control the high water table. The sandy texture can be
overcome by adding suitable topsoil or by resurfacing the
area.
This Basinger soil is in capability subclass IVw.
-718-Riviera fine sand, limestone substratum
This nearly level, poorly drained soil is in sloughs and
broad, poorly defined drainageways. lndividual areas are
elongated and irregular in shape, and they range from 25
to 500 acres in size. The slope Is 0 to 2 percent
Typically, the surface layer is gray fine sand about 6
inches 'hick. The subsurface layer is fine sand to a depth
of about 32 Inches. The upper part of the subsurface layer
is light brownish gray, and the lower part is light gray. The
subsoil is sandy clay loam to a depth of about 54 inches.
The tipper part of the subsoil is grayish brown. and the
lower part is dark gray. Limestone bedrock is at a depth of
about 54 inches.
In 95 percent of the areas mapped as Riviera fine sand,
limestone substratum, Riviera and similar soils make up
80 to 96 percent of the map unit. In the remaining areas,
the named soil or soils.rnake up either a higher or lower
percentage of the mapped areas. The characteristics of
Pineda soils that have a limestone substratum are similar
to those of the Riviera soil.
The dissimilar soils in this map unit are small areas of
Boca, Copeland, and Holopaw soils in landscape positions
similar to those of the Riviera soil. These soils make up
aboul 4 to 20 percent of the unit
The penneability of this soil is moderate to moderalely
rapiG·, Ttle avallabte water capacit¥ is low. Ur.lder natural
conditions, the seasonal high water table is within a depth
of 12 Inches for 3 to 6 months during most years. During
the other months, the water table Is below a depth of 12
inches, and it recedes to a depth of more than 40 inches
during extended dry periods. During periods of high
rainfall, the soil is covered by shallow, slowly moving water
for about 7 days.
The natural vegetation consists of scattered areas of
South Florida slash pine, cypress, cabbage palm,
waxmyrtle, sand cordgrass, gulfmuhly, blue maidencane,
South Florida bluestem, and chalky bluestem.
This soil is poorly suited to cultivated crops because of
the wetness and droughtiness. With good water-control
and soil-improving measures, the soil is suitable for many
fruit and vegetable crops. A water-control system is
needed to remove excess water during wet seasons and
10 provide water througli subsurface irrigation during dry
seasons. Row crops should be rotated with Cover crops.
Seedbed preparation should include bedding of the rows.
[
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26
Applications of fertì!izer and lime should be based on the
needs of the crops.
With proper water-control measures, the soil Is
moderately suited to citrus. A water-control system that
maintains good drainage to an effective depth Is needed.
Planting on raised beds provides good surface and
internal drainage and elevates the trees above the
seasonal high water table. Planting a good grass cover
crop between the trees helps to protect the soil from
blowing when the trees are younger.
With good water-control management. this soil is well
suited to pasture. A water-control system Is needed to
remove excess water during the wet season. This soli is
well suited to pangolagrass, bahiagrass, and cloller.
Excellent pastures of grass or a grass-clover mixture can
be grown with good management. Regular applications of
fertilizer and controlled grazing are needed for the highest
possible yields. .
This soil is well suited to range. The dominant forage
consists of blue maidencane, chalky bluestem, bluejoint
panicum, South Florida bluestem, and gulf dune
paspalum. Management practices should include deferred
grazing. This Riviera soil is in the Slough range site.
This soil ,has severe limitations for most urban uses
because of the high water table. It has severe limitations
for septic tánk absorption fields because of wetness and
poor filtration. Building sites and septic tank absorption
fields should be mÐunded to overcome these limitations.
.This sail also has severe limitations for recreational
development because of wetness and the sandy texture.
The problems associated with wetness can be corrected
by prowidlng adequate drainage and drainage outlets to
control the high water table. The sandy texture can be
overcome by adding suitable topsoil or by resurfacing the
area.
This Riviera soil is in capability subclass IIIw.
2a-Ft, Drum and Malabar, high, fine sands
These nearly lellel, poorly drained soils ar-e on ridges
along sloughs. Individual areas are elongated and
irregular in shape, and they range from 10 to 200 acres in
size. The šlope is 0 to 2 percent.
Typically, the Ft. Drum soil has a surface layer of very
dark grayish brown fine sand about 5 inches thick. The
subsoil is fine sand to a depth of about 20 inches. The
upper part of the subsoil is light brownish gray, and the
lower part is light gray. The substratum is tine sand to a
depth of about 80 inches. The upper part of the
substratum is brownish yellow, the next part is white, and
the Ipwer part is brown.
Typically. the Malabar, high, soil has a surface layer of
dark gray fine sand about 2 inches thick. The subsurface
layer is light brownish gray fine sand to a depth of about
Agenda Item No. 7A
April 26, 2005
Page 71 of 164
Soil SurvE
15 inches. The subsoil extends to a depth of about 72
inches. The upper part of the subsoil is brownish yellow
and yellow fine sand, the next part is very pale brown and
light gray fine sand. and.the lower part is grayish brown,
mottted sandy clay loam. The substratum is light gray fine
sand to a depth of about 80 inches.
Mapped areas can consist entirely of the Ft. Drum soil,
entirely of the Malabar soil, or any CGmbinaüon of the two
soils. The two soils were not separated in mapping
because of similar management needs and soil
characteristics.
The dissimilar soils in this map unit are small areas of
Basinger, Holopaw. and Pineda so Us In sloughs. These
soils make up about 0 to 18 percent of the unit.
The permeability in the Ft. Drum soil is rapid. The
permeability in the Malabar sòii is slow or very slow. The
avaHable water capacity of both soils is low. Under natural
conditions, the seasonal high water table is at a depth of 6
to 18 inches for 1 to 6 months during most years. During
the other months, the water table is below a depth of 18
inches, and it recedes to a depth of more than 40 inches
during extended dry periods.
The natural vegetation consists mostly of South Florida
slash pine, saw palmetto. live oak. cabbage palm,
waxmyrUe, chalky bluestem, creeping bluestem, low
panicum, and pineland threeawn.
These soils are poorly suited to cultivated crops
because of the wetness and droughtiness. The number of
adapted'crops is limited unless very intensive
management practices are used. With good water-control
and soU-Improving measures, these soils are suitable for '
many fruit and vegetable crops: A water-control system is
needed to remove excess water during wet seasons and
to provide water through subsurface Irrigation during dry
seasons. Row crops should be rotated with cover crops.
Seedbed preparation should include bedding of the rows.
Applications of fertilizer and lime should be based on the
needs of the crops.
With proper water-control measures. these soils åre
well suited to 'citrus. A water-control system that maintains
good drainage to an effective depth is needed. Planting on
raised beds provides good surface and internal drainage
and elevates the trees above the seasonal high water
table. Planting a good grass cover crop between the trees
helps to protect the soils from blowing when the trees are
younge(.
With good water-control management. these soils are
well suited to pasture. A water-control system is needed to
remove excess water during the wet season. These soils
are well suited to pangolagrass, bahiagrass. and clover.
Excellent pastures of grass or a grass-clover mixture can
be grown with good management. Regular applications of
fertilizer and controlled grazing are needed for the highest
possible yields,
Collier County Area, Florida
beds elevates the plants above the high water table. All
crop residue and cover crops should be used to maintain
the organic matter content Applications of fertilizers that
include minor elements are needed.
This soil is moderately suited to range. The dominant
forage consists of maidencane and needlegrass. The
Pennsuco soil is in the Slough range site.
This soil has severe /imitations for all urban and
recreational uses because of wetness. It has severe
limitations for septic tank absorption fields because of
wetness and the slow infiltration rate. An effective
drainage system that keeps the water table at a given
depth is expensive and difficult to establish and maintain.
This soli requires an adequate amount of fill material to
maintain house foundations and road beds above the high
water table. Even when a good drainage system is
installed and the proper amount of fill material ;s added,
keeping the area dry is a continual problem because of
seepage from the slightly higher adjacent flatwood areas.
This Pennsuco soil is in capability subclass IVw.
; 49-Hallandale and Boca fine sands . ~
r These nearly level, poorfy drained soils are in sloughs
\ and poorly defined drainageways. Individual areas are
. elongated and irregular in shape, and they range from 20
{to 600 acres in size. The slope is 0 to 2 percent
'. Typically, the Hallandale soil has a surface layer of very
r,dark gray fine sand about 3 inches thick. The subsurface
~~layer is grayish brown fine sand to a depth of about 9
'[-,inches. The subsoil is yellowish brown fine sand to a depth
~?of about 12/nches. Limestone bedrock is at a depth of .
?.:about 12 inches.
~: Typically, the Boca soil has a surface layer of very dark
f!~ñfy fine i;äi1d about 4 inches thick. The subsurface layer
;f1S fine sand to a depth of about 26 inches. The upper part
tÒf the subsurface layer is light gray, and the lower part is
(brown. The subsoil is dark'grayish brown fine. sandy loam
No 8 depth of about 30 inches. Limestone bedrock is at a
{.:.depth of about 30 inches.
~~ Mapped areas can consist entirely of Hallandale and
1:6nilar soils, entirely of the Boca soil, or any combination
~;Øf the two soils. The two soils were not separated in
~lnaPping because of similar management needs and soil
~cterlstlcs. The characteristics of Jupiter soils are
; t"SimiJar to those of the major soils.
~, The dissimilar soils in this map unit are small areas of
r,Çopeland and Pineda, limestone substratum. solfs in
rSilnllar landscape positions. These soils make up about 0
~té 5 percent of the unIt.
I ~. The permeability in the Hallandale soil is rapid. The
. r,permeability in the Boca soil is moderate. The available
¡ rter capacity of both soìJs is very low. Under naturar
~;
I:·
Agenda Item No. 7A
April 26, 2005
Page 72 of 164
41
conditions, the seasonal high water table is within a depth
of 12 inches for 3 to 6 months during most years. During
the other months, the water table is below a depth of 12
inches, and it recedes to a depth of more than 40 inches
during extended dry periods. During periods of high
rainfall, the soil is covered by shallow. slowly moving water
for about 7 days.
The natural vegetation consists of scrUb cypress, sand
cordgrass, waxmyrtle, and maidencane. .
These solis are poorly suited to cultivated crops
because of the wetness, the shallow depth to bedrock,
and droughtiness. With good water-controf and soil-
improving measures. these soils are suitable for many fruit
and vegetable crops. A water-control system is needed to
remove excess water during wet seasons and to provide
water through subsurface irrigation during dry seasons.
Row crops should be rotated with cover crops, Seedbed
preparation should Include bedding of the rows.
. Applications of fertilizer and lime should be based on the
needs of the crops.
With proper water-control measures, these soils are
moderately suited to citrus. A water-control system that
maintains good drainage to an effèctive depth is needed.
Planting on raised beds provides good surface and
internal drainage and elevates the trees above the
seasonal high w'âter table. Planting a good grass cover
crop between the trees helps to protect the solis from
blowing when the trees are younger.
With good water-control management, these soils are
well suited to pasture. A water-control system is needed to
remove excess water during the wet season. They are
well suited to pangolagrass. bahiagrass. and clover.
Excellent pastures of grass or a grass-clover mixture can
be grown with good management Regular Jilpplicatitms of
fertìlizer and controiled grazing are needed for the highest
possible yields.
These soils are well suited to range. The dominant
forage consists of blue maiden cane, chalky bluestem, and
bluejoint panicum. Management practices should include
deferred grazing. The Hallandale and Boca solis are in the
Slough range site.
These soils have severe limitations for most urban uses
because of the high water table and the shallow depth to
bedrock. They have severe limitations for septic tank
absorption fields because of wetness. the shallow depth
to bedrock, and poor filtration. Building sites and septic
tank absorption fields should be mounded to overcome
these limitations. These soils also have severe limitations
for recreational development because of wetness. the
shallow depth to bedrock, and the sandy texture. The
problems associated with wetness can be èorrected by
providing adequate drainage and drainage outlets to
conlrollhe high water table. The sandy texture can be
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42
overcome by adding suitable topsoil or by resurfacing the
area.
The Hallandale and Boca soils are in capability
subclass Vw.
50-Ochopee fine sandy loam. low
This level, poorly drained soli is on low prairies.
Individual areas are elongated and Irregutar in shape, and
they range from 20 to 400 acres in size. The slope Is 0 to
1 percent.
Typically, the surface layer is very dark gray fine sandy
loam about 5 inches thick. The subsoil is dark gray fine
sandy loam to a depth of about 17 inches. Limestone
bedrock is at a depth of about 17 inches.
In 90 percent of the areas mapped as Ochopee fine
sandy loam, Jow, thè Ochopee soil makes up 90 to 98
percent of the map unit. In the remaining areas,. It makes
up eIther a higher or lower percentage of the mapped
areas. ThIs map unit contains as much as 10 percent rock
outcrop.
The penneabillty of this soD is moderately rapid. The
available water capacity is very low. Under natural
conditions, the seasonal high water table is within a depth
of 12 inches for 3 to 6 months during most years. During
the other months, the water table is below a depth of 12 .
inches. During periods of high rainfall, the soil is covered
by shal1ow, slowly moving water ror about 7 days.
This soil· is not suited to citrus because of the shallow
depth to bedrock and the high soil reaction.
The natural vegetation consists of scrub cypress,
cordgrass, rushes, sedges, and South Florida bluestem.
This soil Is poorly suited to cultivated crops because of
tM \Nëthês$ and the high s'oil reaction '(pH). With
adequate water control, a limited variety of vegetables can
be grown. The low elevation, the shallow depth to rock,
and the frequent heavy rains make adequate water control
difficult to establish. A crop rotation in which row crops are
followed by cover crops is needed. All crop residue and
cover crops should be used to maintain the organic matter
content. Applications of fertilizers that include minor
elements are needed.
This soil is moderately suited to range. The dominant
forage consists of South Florida bluestem and
plumegrass. This Ochopee soil is in the Slough range site.
This soil has severe limitations for most urban uses and
septic tank absorption fields because of the high water
table and the shallow depth to bedrock. Building sites and
septic tank absorption fields should be mounded to
overcome these limitations. This soil also has severe
limitations for recreational development because of
wetness and the shallow depth to bedrock. The problems
associated with wetness can be corrected by providing
Agenda Item No. 7A
April 26, 2005
Page 73 of 164
Soil Surve
adequate drainage and drainage outlets to control the higl
water table.
This Ochopee soil is in capability subclass IVw.
51-0chopee fine sandy loam
This nearly level, poorly drained soU is in low weUånd
hardwood areas. Individual areas are elongated and
Irregular in shape, and they range from 20 to 400 acres in
size. The slope is 0 to 2 percent.
Typically, the surface iayer is very dark gray fine sandy
loam about 5 inches thick. The subsoil is dark gray fine
sandy loam to a depth of about 17 inches. Limestone
bedrock is at a depth of about 17 inches.
In 95 percent of the area mapped as Ochopee fine
sandy loam, the Ochopee soil mak.es up 85 to 100 percen-
of the map unit. tn the remaining areas, it makes up either
a higher or lower percentage of the mapped areas. This
map unit contains as much as 10 percent rock outcrop.
The permeability of this soil is moderate1y rapid. The
available water capacity is very low. Undér natural
conditions, the seasonal high water table ¡s within a depth
of 12 inches for 3 to 6 months. During the other months,
the water table is below a depth of 12 inches, and it
recedes to a depth of more than 40 inches during
extended dry periods. During periods ()f high rainfall, the
soil is covered by shallow, slowly moving water for about 7
days. .
This soil is not suited to citrus because of the shallow
depth to bedrock and the high soil reaction.
The natural vegetation consists of scrub cypress,
waxmyrtle, Rhyncoapusa, South Florida bluestem, and
sedges.
This soil is poorly suited to cultivatedcrQPS because of
the wetness and the high soil reaction (pH). With
adequate water control, a limited variety of vegetables car
be grown. The low elevation, the shallow depth to rock,
and the frequent heavy rains make adequate water contro
difficult to establish. A crop rotation In which row crops are
followed by cover crops is needed. All crop residue and
cover crops should be used to maintain the organic mattel
content. Applications of fertilizers that include minor
elements are needed.
This ~oil is moderately suited to range. The dominant
forage consists of maiden cane and cutgrass. The
Ochopee soil is in the Scrub Cypress range site.
This soil has severe limitations for most urban uses an<
septic tank absorption fields because of the high water
table and the shallow depth to bedrock. Building sites and
septic tank absorption fields should be mounded to
overcome these limitations. This soil also has severe
limitations for recreational development because of
wetness and the shallow depth to bedrock. The problems
----.------..- ....-
Agenda Item No. 7 A
April 26,2005
Page 74 of 164
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SOLL St.:'RVEY SER"':¡:; 1 11,12, 2\0. 8
~ Broward-Ochopee complex (B¡,:).-Tbis comph\~ col\Sists of IIJ:eas
of Bl'o,\""nrc\ and Ochopcc soils so intricntdy osso<'Ìl1tcIl they CaJ1Uot
h(\ separat('¡( Oil tl map of thl\ scnl~ lISt~<I" [lånu<lll of Bl'o""llr¡( soil
sep8.1·a.tf'd by rU11\\"I1.'·S of Ocho >('(\ soil!! makt' lip tlte C:Olllplt·X. The
141'&'est bodies occur in the Bi/f C,· )1't·ss l'rg-iou hetwt't'n' ~lUlUilalld
ana X aples, o.nd ca...t aud 1l0l·theušt of Copalalld aud Ochopee.
, The Broward IU'cns consist mninly of tht' shl1llow phasc of Bl'O\\"nl'd
fine sand; the Oehopt"c' iI.!·MS, mu.iuh" of tlu' shaUo\\' ph8.Sß of Ochopce
fine santly 11181'1. A fe\l" areas of Ù<:hop"e mlLl'l, shallo,," j)hasc, al'O
in(·ludcd. Conmlonly Iirucston!.' is at d('pths of 3 to 12 inrht's, hut in
places limcston~ rocks tUO exposed IU'Ollut! t!ie' isl/Lntls o{ Dl'Owllrd soils.
The Browal-d areas are cOYercJ by slash p,ilU', cabbage palmetto,
saw-palmet.to, oth('1" shrubs, 1Ult! grasses. 'Ill!' Ochopee 1lJ'('ns hlu"c
0. ShOl·t.-grass coyer. Some of the Rrowlll'lJ soils, ho,,"cn'r, han~ no
pine trees, and SOU\<\ of llw Oclwj)('e ~reas support gl"owt-hs of sma.ll
cypress.
Practically all the mel"chantaulB tiJUbCt' all the islands hns ùPl'n
cut, and the secont! gI·o\\·th of slosh pille is s~i!I too sUluil for logging. .
;\ one of th~ prairie o.relLS haye ol'('a usee! for t'I'OPS, fOl' thl' complpx
15 a grea.t dIStance from ronds.
CharJotte fine sand (C.-I.).-This soil occup1t·s IC'wl Iwurh'll'Yel 01'
slightl,:¡> c!PPl'CSSt'Ù areas in t.llc Big Cj'Pl'('BS rt' {ion. 'It }lo5 1\ bl'i'~ht-
,:I"cpow or yellOl,",ish-l~ro\\'n subsoil and it denoloped {1'OlU ll10d('I-ateIJ>
tluek beds (40 to 60 mclll's deep) of fiue sand 0\-('1' Iimetltone or mad.
"This Ch.arlottc soil is asso~atc~1 \\'ith the Pompuno and A..rzell
soils but di1feJ.'S fl'OJU Ulem maình" U1 that it 11l1S a laYcr of brownish-
y~UoW' or yello\l-ish-ul'O\\"U fine ša.nd IJeJO\\' 10 to i5 il1chrs and is
slightly ~ol'e alkalinc. 11. hall J¡igh~' untural fertility than the Å1"Z\.'1l
~o~ ?ut IS poorl)' to '-NT poorl)' dL'UUlCc! IUIII UPI'd!! srlint:ial dl'/ÙDag-(\
If It IS to be Cullinl!!'!!.
. The natural no.g-(·talioa eousi.;;!s pl'iu('iplllh- of scc"olld-gl'o""th slnsh
plUe, cabbage. J)IlJm('~to, n. (ell" SIl\\"-PIlIJiictto, pon'r!)" oatgrnss,
brooms~d~e, "'II't' , SII'ltC"h, and ('11 I"/W t. KC'Il, SSL'S maidt'Jlcan(', rushl's,
l?,erlg('S, plCkc"'dll"C'<'c/, IIITOI\· ¡I'/I<!. nnd.11: f('1I' dwnrf c)'p1"~SS trec's"
·'Some areas ShOl\"Jl 011 tho lllnp h~- PI'OH'/(' symhol lire co\"crcd \lith
sllort grasscs and hun liull' 01' no s}11SJ¡ pille.
Profile descz'iption:
o to :4 iu~hC:i, dark g~a.riijh-l>rol\·u ur ,.,....ayjsh-hrol\·1I looorc fillc lIalld oOllt&ill-
IU~ enuugh orgauu: matter to I{i\'c a :,;aH-lI.nd-pepper appøarauoc; slightly
acid tu IlCutral.
-i to 12 inch~. rcllowi"h-hrOIl"1I Juu:;c fillc saud; nClltral to alkaline.
12 to 26 illel.1C$, bro\\"ui;Jh-rello\\" or ~"cllo\\"L~h-bro\Vn lQOIiU fine saud; ueutral
to alL:aJlUe.
26 to 48 iUt:bc~. light-grar ur white loo.ie fille ..and &lighth" ..plotclu,d with
)"ellol\" aud bro""II; slghtl)" acid to neutral. "
i8 illcheò +, moùcrat~lr soft to hard Jilllcstoue or '"ar/.
In !D0st places the sll1fl1t.\e soil is cO'l"crl<¡f b,' II '·('1.... thin lan'r of
organIC sC~nJ. deposited by surface ',",aters. 'flic surlnÏ-e Ia.nl' ra.uges
from gl'!L-Yish brou'n to gray 01' light gray and is 2 to 10 iuèhes thick.
The light~r colored areas of Cha.rlotte soil usualh- occur near llJ.'eas
o~ ;Å1-zell soil. In these positi.ollS tIlt! second la:rer is light !!ray or
"hlte .to depths oi 10 to 20 mchcs, where the brownish-yJlo\v 01'
yellO\nsh-browu Ia)"el' begius. This ,)"cl1owi>3h layer Ya.ries from 10
to 40 inches in. thic1
a.nd marl aud the ]
concretions are fOUIl
and the surface soil
the fine sands.
Practically all of
pro\"ides fair grazÌll.
about 1 cow fOI' 10 t
cut, and the ;roung J
Approximately 30
in winter vegetable!
winter rains are not
or dro"~ed out. L
applications of 2,OO!
1,500 pounds of com
50 to 100 )OUIlds of:
200 to 250 bushels a.n
200 bushels; lima bel
Recently, some 0
system that protect
water control adequ/
'vere installed, ma.m
I t is easily prepa.red
a few palmettos mUf
Coastal beac:h (CB
l~ the west-cm cr-
Ten Thousand Isla
accumulation of nne.
of sand ~Iost arÈ
side or have a scaU
marsh-elder, commOJ
The plants near the:
a.nd by the winds. (
palmetto al'e present.
'rhey support 1 co\\"
Marco Island are use
Copeland fine san
occurs principally or
Lako Tratford, 3 milf
\"P~' thin coverings c
nuu·!. Th(l depth to
oi fint' snnd;\' cla.y loa:
TI)is soil is associat
but has a bla~k 01' Y(
~ra.r and p"a~' snrine.
sul'facc soil of the :l.
Is ~"'er of marl bl.'h\"een
lam b." modt'ratt'ly har
but· has medium int('(
The natw·a] vegl'ta
magnolias, slasb pinp
ILl.l'ge slI."--pn.lmetto (p
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COLLIER COU2\TY, FLORIDA
29
from stol'ms.~The soils in the r(\d mangrove IlI'Ons o.re neady olways
flooded even at low tides. The black and the white mangroves groW'
on the inshore mud fiats that a.rc usually expOSCIl during low tide and
co'·ered bv wlltet· at hi~h tide.
All of this land is co,·cl'c<l with natul'IlI vegetation and serves as
feeding IWcl brC<'dìng ground for mnn,'" birds and animals. The
etreo.ms, bllYs, and lagoons within a.nd adjacent to the m~grove
swo.mps contain mQn:r fish, clams, crabs, aurl oystC'l"S, wInch al'e
caught b:r sportsmen ancl commt'rdnl tisIIN·mcn. 'rho tl'{\i'S in the
mangl'Ove swamps arc of 1o 'v 01' medium L('ight. TlwX could bo used
flS sources of taunin, t'1.nl"{'0111, I1nd lumbl'l' but USllllll~r ocellI' in in-
accessible nl'('a8_ .
~ Matman loamy fine sand (:\1'/:).-:\fost of this soil occurs ill a large
Ill'ell m'ar the eonC\u'r('nee of Okll.loacoocbl'c Sloup;h and Fahknhatchec
:-;trand, north anrlllol'tllt'Dst of :Hilt'S City. It. IS associated with t.he
Copelonel aud Bto\\"ard soils and diffcrs from them chieH}' in color.
It is bro,rn. ,,·beN.'8.s the Copeland soil is blAck and the Bl'oward soils
al'e gray. Tilt' soil dt'veloped mainly from a YCljP thin la)'or (0 to
18 inches) of marine sands ini..~C'(l \\,ith resiùuwll from modcntcly soft
to hard lill1estont- or mad. It oc~upir'S nearly leV'el areas and is.
somewhat poorly dmint-d. Both e~1C'rnnl and internal dl'ainnge 8.1'0
Jnf'dium to 510\\".
The n>getlltin ('onr ('ollSists of cllbbage po.bnetto, second-growth
slash pine, and n rank gloo\\'th of sllw-pfllm('tto, running oak, gallbeITJ-
wl\xm:n-tl(>, pipl·wort. wirl'b'Tass, find ca1'petgro.ss,
Profile description:
o to .¡. incb~, dark-brow II "cr,)' friable: IClalll~' fine II&no¡ alkaline.
~ to 8 inches, )'cHo\\-j,dl-oro\\-n to brown loam)' fine !land; alkal.jue.
8 to 14 incbCA, rellowÎsh-hro,nl friable ftue II&tIdy cl&.)' loam¡ alkaline.
14 inches +, white moderatel}" hard Iilllr.atOlte or marL
The depth to limestone varies¡rt'atly within short (listanees. In some
places the limestollC is expose at the surface and in others it is BeYcroJ
inches belm,- the sw'fo.ee. l\mnerous limestone rocks 2 to 8 incltes in
dìametel' are s('att(')'od OWl' the sUlface a.nd withù\ the profile.
Practically all of this soil is in l'an~e pasture. lfrom 10 to 20 IlCXes
is needeù to graze 1 co,,-, Approximately 10 acres of thiS soil west
of State Highway- 1\0.29 and a milesnortk.ofMiles City bas been
cleared for crops. The rounded limestone rocks ha.ve been l'cmoved
and piled along tho edges of the field. Pal·t of the field is used for
sugarcane, which produces good yields. The rest is used for glll'ùell
crops and po.sture. Othcr areas in this general location could be
cleared of trces and rocks and used for growing winter veget.ables and
other crops.
Ochopee fiDe sandy mad (OA),-Slight dcprcssionol or s.IougWike
areas in the "oct marl prairies are occupied by this soil. Areas of it
oecur in the Big Cypress region Qnù behveen that region nnd the
tidal mo.rshes of the Southwest Const rt'gion. Fairly la.rge areas a.re
nort.hwest, northeast, and Cllst of Ocl1opee.
This soil has dc'\"'eloped boom a mixture of mal'ine sands and recent
deposits of marl. but the sands are dominant. It is associated wit.h
the Ochopee marls but differs from them chiefly in ho.ving more sands
mixed ,vith the mll1'l and in occupying slightly lower positions. It is
:!~2131-[)-!--ð
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Agenda It~m No.7 A
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2611.5±
ÞI¡ ID CODE DESCRIPTION UP T AREA "
1 428 CÄBBAGE PALM UP 111.69 70.07
i~~1 2 435 DEAD PINE FlRE UP 7.77 4-.87
3 411 PINE FLA TWOODS UP 10.57 6.63
4 110 SINGLE FANILY UP 11.11 6.97
~~I 5 411 PINE FLA TWQODS UP 13.34 8.37
6 8146 TRAIL UP 2.98 1.87
7 310 HERBACEOUS UP 1.94 1.22
TOTAL 159.40 100.00
~
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_.---'~
FLUCCS CODE AND VEGETATION INVENTQRY
FLUCCS CODE
(Description)
Common Name
Scieatific Name
110 Single Family House
11. 11 acres
Upland
Agenda Item No. 7A
April 26, 2005
Page 80 of 164
Indicator Status
This area has a.singIe ~ r_i~.and soma.acœssory. structures. The resident has
lived on the premise for years. The area also has a large vegetable garden area and a small
bOlTow pit.. The area is primarily vegetated with a Slash Pine canopy. The ground cover is
predominately cleared.
Slash pine
palmetto
Cabbage R&Im
wax myrtle
brooms~
Florida trema
American Beautybusä
dog fennel
natal grass
Guinea grass
caesar weed
beggers ticks
natal grass
Camphor weed
ragweed.
Brazilian pepper
Winged Sumac
Myrsine
Gallberry
Grape vine
Poison ivy
Smilax
finger grass
crowfoot
Pinus elliotti
Serona repens
Sabalpalmetto
Myricacerifera.
Andro~&9n ~CWI
Trema spp.
Calli~a americana
Eupatorium capillifolium
RltynchcIytrum repens
Parúcum maximum
Urena lobata
Bidens pilasa
RIwtcheW'rum repens
Pluchea rosea
Ambrosia artemisñfolia
Schinus terebinthifolius
Rhus. co~
Myrsine fJoridana
Hex gþWra
Vitis rotundifolia
Toxicodendron radians
Smilax spp.
Eustachys glauca
DactyJ~ctenium aegyptlum
FACW
FACU
FAC
FAC+
FAC-
FAC
FACU-
FACW
Exotic
FACW
FACU
FACW
Exotic
FACW
FAC
Exotic
UPL
FAC
FACW
FAC
FAC
FAC
FACW
ITEM # S
______ __ - - ____... 0 _._
Agenda Item No. 7A
April 26, 2005
Page 81 of 164
310 Herbaceous
1. 94 acres
Tlùs area was historically a depressional marsh area. The area is in close proximity to the
draina&e canal to the west. The area has been hydrolog!cally impacted. The area consists
of a mixture of both wetland and upland plant species. neither dominating.
g,oldenrod
Bracken fem
caesar weed
Cabbage palm
American Beautybush
ragweed
lantana
swamp fern
fox: tail
Brazilian pepper
Wms.ed Sumac
musky mint
wax mptle
Florida trema
broom sedge
Love vine
mornin& glory
SoHdag.o fistulosa
Pteridium aquilinum
Urena lobata
Saba! palmetto
CaUicarga americana
Ambrosia artemisiifoüa
Lanta'na camara
Blechnum serrolatum
Setaria g,enicahrta
SChinus terebinthifolius
Rhus copallina
Hyptis alata
Myricacerifera
Trema spp.
Andropog.on virgjnicus
Cassytha filiformis
Ipomoea indica
FACW
FACU
FACU
FAC
FAU-
FAC
FACU
FACW
FAC
Exotié
UPL
FACW
FAC
FAC
FAC
FAC-
FAC
411 Pine Flatwoods
23.91 acres
This area consists of a Slash ºine canopy with a palmetto understory. Some of the Slash
pines have died from the forest fire. This area has numerous trails.
Slash pine
palmetto
Cabbage palm
wax myrtle
broom sedge
Florida trema
American Beautybush
dog fennel
caesar weed
beggers ticks
ragweed
Brazilian pepper
Winged Sumac
Myrsine
Pinus elliotti
Serona repens
Saba! palmetto
Myrica cerifera
AndrOQO&on virgjnicus
Trema spp.
CalIicarp& americana
Eupatorium capillifolium
Urena lobata .
Bidens pilosa
Ambrosia artemisüfolia
Sclúnus terebinthifolius
RhUs. oopallina
Myrsine floridana
FACW
FACU
FAC
FAC+
FAC-
FAC
FACU-
FACW
FA.CU
FACW
FAC
Exotic
UPL
PAC
- __.__0__".
lyorña
Gallberry
Grape vine
Poison ivy
Smilax
Love vine
finger grass
Lyorña fiuiticosa
nex glabra
Vitis rotundifolia
Toxicodendron radians
Smilax spp.
Cassytha filiformis
Eustachys glauca
428 Cabbage palm
111.69 acres
Agenda Item No. 7 A
April 26, 2005
Page 82 of 164
FAC
FACW
FAC
FAC
FAC
FAC-
FACW
This is the dominate habitat type. This area is dominated by Cabbage palms. The ground
cover consists of both wetland and upland heroaceous plants. The area is almost a
mono culture of cabbage palms. The herbaceous ground cover dominates in the open
areas, scattered throughout. Neither wetland lior upland vegetation dominate.
Cabbage Palm
verbena
Ämerican.Beautybush
sensitive plant
Goldenrod
monúng glory
wood sage
mistflower
BJUilian pepper
Swamp fem
chain fern
shield fem
bracken fem
Wax myrtle
Borida trema
S1. Johns wort
Camphor weed
Salt bush
South Florida Bluestern
Marsh Pink
Broom ~8e .
Blue Maidencane
Beak I1J.Sä
Indian hemp
Guinea grass
finger grass
crowfoot
lantana
foxtail
Sabal pa.lmetto
Verbena tampensis
Callicarpa americana
Chamaecristo nictitans
SaJidago. fistuIosa.
Ipomoea indica
Teucrium canadense
ConocIinium coeIestinum .
Schinus terebintbifolius
Blechnum senu1atum
Woodwardia virginica
Dryopteris ludoviciana
Pteridium aquilinum
Myrcia cerifera
Trema spp.
Hypericum spp.
Pluchea roses
Baccharis haJimifolia
Schizachynium scoparium
Sabatia grandif)ora
Andropogon virginicus
Amphicarpum muhIenbergianum
Rhynchospora microcarpa
Sida cordifolia
Panicum maximum
Eustachys gIauca
Dactylocteniwn aem.tium
Lantana camara
Setaria geniculata
FAC
FACU-
FACW
FAC
FACW
FAC
Exotic
FACW+
FACW
FACW
FACU
FAC+
FAC
FACW
FACW
FACW
FAC
FACW
FAC-
FACW
FACW+
FACW
FACW
FAC
FAC
bay
cypress
white top sedge
Love vine
Persea pallustris
Taxodium spp.
Dichromena colorata
Cassytba flliformis
435 Dead Pines
7.77 acres
Agenda Item No. 7 A
April 26, 2005
Page 83 of 164
FACW
OBL
FACW
FAC-
This area consists of species found in the 411 Pine Flatwoods however, the mortality of
Slash pines is higher. The recent fire has killed the majority of the pines facilitating the
proliferation of cabbage palms.
l#-~
Slash pine
palmetto
Cabbage palm
wax myrtle
broom sedge
Florida trema
American Beautybush
dog fennel
natal grass
caesar weed
beggers ticks
ragweed
Brazilian. pepper
Wmged Sumac
Myr.;ine
Ga1lbeny
Grape vine
Poison ivy
Smilax
finger grass
crowfoot
white top sedge
Pinus elliotti
Serona repens
Saba! palmetto
Myricacerifera
Andropogon virginicus
Trema spp.
Callicarpa americana
Eupatorium capillifolium
Rhynchelytrunt repens
Urena Iobata
Bidens piJosa
Ambrosia artemisiifolia
Schinus terebintbifolius
Rhus copallina
Myrsine ßoridana
Dex glabra
Vitis rotundifolia
Toxiçodendron radians
Snû1ax spp.
Eustachys glauca
Dactyloctenium aegyptium
Dichr01.nena colorata
8146 Oeared Trail
2.98- acres
FACW
FACU
FAC
FAC+
FAC-
FAC
FACU-
FACW
Exotic
FACU
FACW
FAC
Exotic
UPL
FAC
FACW
FAC
FAC
FAC
FACW
FACW
TIùs area. was cleared by the Forestry Department during the most recent fires. This area.
consists of a mixture of upland and wetland herbaceous plants.
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NOìE: 3 PONDS AT 21.73 Acres & 1 AT 15.59 Acres
CODE
428
~JS
411
110
411
B146
310
DESCRIPTION UP /'Nf:T AREA IMPACT CUT
CABBAGE ~ALM UP 111.69 79.94 70.51
DEAD PINE FIRE UP 7.77
PINE FLAlWOODS UP 10.57
SINGLE FAMILY UP 11.11 0.84 0.68
PINE FlAìWOODS UP 13.34 5.95 4.96
lRAIL UP 2.98 2.91 2.69
HERBACEOUS UP 1.94 1.94 1.94
TOTAL 159.40 91.58 BO.78 10.80 8.02
· HOMESTAED SITE IS NOT PART OF THIS APPUCATION. NO IMPACTS PLANNED
Fill BUFFER PRESERVE
9.43 7.61 15.23
1
2
3
4
5
6
7
0.16
0.99
0.22
0.34
0.07
2.52
7.05
24.80
.
HOMESTEAD
8.91
7.77
10.57
7.75
35.00
ITEM # 6
."..\ ",'
TRREA TEN1tD AND ENDANG1I':RXD SP11'~S S1JR~Y
Prepared By:
Marco ElJ!u.art Environmental Puner
Comer EDViròDmeDtaI Co.....taDtI
3880 Este.r.Ave.
Naples, Florida 34,104
PreD.~ For:
JESSE HARDY TRACf .
Agenda Item No.7 A
April 26, 2005
Page 85 of 164
"'.."""''''-
.
, .
"
Agenda Item No, 7 A
April 26, 2005
Page 86 of 164
I Introdudion J PU(pOSI'J
, This .report is an account of8D. Endangered / Tœeatcaed wi1dJife and plants species survey
recently performed on a 159.40 acre tract called Jesse Hardy Tract. Required to meet
county review ~uiremeuts its pwpose is to identify 'and describe key habitats and report
any listed species uiing the site that would be at risk due to possible future deveJopment
actions on the site. This survey and report are based aD fieldwork performed during .
September 2000.
D Si& DHniption
The Jesse Hardy Tract conåstJJ ofapproxjmate1y.lS9.40 acres and is located in Section
1 ó, Towosbip SO, RIDge 28. The site is located south of AIHgator Alley and east of
EveI8fades Blvd. Thè proposed project site is bordered by a drainage cana1 along the
western property line.
See Item ## 1 - Locatio. Map
.
The dominant habitat types of the project site are: SingJe fåìni1y house and accèS80ry
structures (110), Pine F1atwoods (411). Cabbage Palm Hammodc (428). The ~
habitat type is that of Cabbage Palm Hammoclc (428). This habitat consists of a Cabbage
palm canOpy with a herbaceous ground cover. The ground cover varies with numerous
species. This area has scares of previous forest :fires, as does the Pine Flatwoods. The Pine
FJatwoods coD&ÌStS of scaUered Slub pines with a palmetto understory.
h1 total the site .coDSists of approximately 159.49 acres. The foHowing is how the acœage
figures breakdown.
UPLA1;ro
I 1. II acres Single Family House 110
1.94 acres Herbaceous 310
23.91 acres Pine Flatwoods 411
11 1.69 acres Cabbage Palm Hammock 428
7.77 aa-es Dead Pines 435
2.98 acres Cleared Trail 8146
Total Upland Area 159.40
See Item #2 - FLUCCS Map I Plant List
Agenda Item No.7 A
April 26, 2005
Page 87 of 164
"
m· Th.....tened ..ad EDd.npred Species SUI'Vq'
The required survey for a Threatened and Endangered Species Survey caJ1s for a survey
covering 100 % of the site. at prescribed tnnseet distances per site acreage. Such a survey
was conducted in September 2000. B8tabJiahed tranSeCts were oriented north - south aDd
east _ west and øuperimpoøed on an aerial map of the site. These transeets were ground -
located aDd walked by compass bearing. Early moming (0730 - 1000 ), mid-day (1100 -
1500) and Jatð-day (1500 .. 1800) time periods were chosen to survey these trøDSeCts. All
possible species of plants and .,imtl,1iste'd by state and federal agencies were noted.
Conoumndy, notes for FLUCCS mappiug ,and Exotic Plant Dènsity mapping, purposes
were kept.
lY RMultll &: nl..:!ualoDI
Lilted Mora
Several species of plaDts th8t are listed by govanment agencies were :tbu.nd on this
property duriDg the uansect su.rveys. Nòne found are considered rare. Several species of
TitbmtlAia wore found Eaoh is listed by the State ofFlori~ primarily due to commercia.l
~ue. '
See Item II 2 -. Cumulative PIaa~ ~ist
LUted Fauna
Alligator miØ_ppiansis - Alligator
See Item ## 3 - wncmre Species Observed
K~ Spo.r.iM DBMraioD
Big Cyprea Fox Squirrels
, .
Big Cypress Fox: Squirrels are known to use similar habitat found onsite. Observations
were keyed to seårching for signs or calls of these animal~ such as lcafnests in canopy
trees or the distinctive cbattering ofterritoriai squ.ittels. No individuals were observed
during this study. However. individuals are known to be inhabiting neighbor areas.
· .
Agenda Item No. 7A
April 26, 2005
Page 88 of 164
Florida Panther
Several individuals have been identified utilizing.the geioeral area. (Habitat Preservation
Plan November, 1993) Item ## 4 Generally these individuals have a large home ran~e. No
individtiaJs have been documented on the subject parcel. However, the project will not
prevent any individual &om trimsversÎnI, the project site.
Black Bear
This area is known to be ~ited by Black bears. Special attention was given for signs
such as scraps, tracks and scat. No individuals were observed during this survey. These
animals also have a large home range. This project wiII not prevent any individual fÌ'om
transversing the project site.
Conclusions
Focused searches were conducted ovec five day¡; Transects were walked on straight
compass beariDp along a grid spaced at approximately 100 yards apart for the èntire
parcel. Other transects Were primarily meandering transects through areas of prime
habitat. AD transects were walked at varyiøg times itom post-dawn & mid-day to pre-
sunset hours.
...
This site bas ~ in,psacted both hydroIoaica11y and by fire. The drainage't'aII along the
western boundary bas lowered the water table. The vegetation is slowly being dominated
by cabbage palms. The Slash pines have taken a significant hit ftom the last forest fire. .
However, the Slash pine flatwoods and the Cabbage palm hammock areas still has enough
recognizable character to support foraging by birds and ,nRmlTU\ls. Signs of small mammJtJs
such as rabbits, raccoons and deer were readily visible in these areas. Raccoon scat were
commonly seem, .along theœnal area. Black racers were seeu sunny and/or traVeling
throughout the site. Several species of song birds passed through transect areas during this
survey. The area is commoaIy being unitized by oomerous vertebrates. During our survey,
one listed species was found. An R1ligator was commonly seen utilizing the large drainage
canal.
; .
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,
..
, .
Agenda Item No.7 A
April 26. 2005
Page 89 of 164
Threat,..ned, EndanplWl and ~¡M or S~¡.I Conr.ern
S,peciM Present Abient
Black bear X
Florida panther X
EvÇadcs mink X
Big Cypress Fox squirrel X
Indigo snake X
American alligator x:
Gopher tortoise X
Gopher Frog X
Southeastm:n American kestrel X
R.ed-Coclcaded woodpecIœr X
FIoñda Scrub lay X
Wood stork X
Snail kite x
Bald eagle X
...
Limpkin X
Osprey X
White ibis X
Tricolored heron x
snowy egret x
·Reðrti9h egret x
Little blue heron x
..
Agenda Item No~ 7 A
April 26, 2005
Page 90 of 164 .
'..
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NORTHWEST QUADRANT
Couu COIINTY FLORIDA
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April 26, 2005
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ID CODE
1 428
2 435
3 411
4 110
5 411
6 8146
7 310
:¡r;
70.07
4.87
6.63
6.97
8.37
1.87
1.22
100.00
UP/WET
UP
UP
UP
UP
UP
UP
UP
AREA
111.69
7.77
10.57
11. 11
13.34
2.98
1.94
159.40
-~
ITEM # 2
Agenda Item No. 7 A
April 26, 2005
Page 93 of 164
FI ,TTCCS rODE AND VII'..GET A 110N 1"NVIlN"MRY
.FLUCCS CODE (DeIcription)
CommOD Name
Scleatific: Name
IDdicator Status
110 Single Family House
11.11 acres
Upland
This area has a siDgJ$' fiùnily Mdence and some accessory, structures. The resident has
Jived on the premise for years. The area also has a large vegetable garden area and a small
borrow pit. The areals primarily vegetated with a Sla8h Pine canopy. The ground cover is
predOJ11inst'Mly cleared.
Slash pine
p,Jmetto
Cabbage palm
wax myrtle
broom ~
Florida ~
American Beautybush
oog fcone1
natal grass
Guinea grass
caesar weed
beggenticlœ
uatal grass
Camphor weecL~..
. ragweed
~razilian pepper
Wmged Sumac
Myrsine
Gallberry
Grape vine
Poison ivy
Stnitax
finger grass
crowfoot
Pinus e1liotti
Serona repeos
Saba! palmetto
M . ca cerifera
yn ."
Andropog,on wpcus
Trmna spp.
CalIiCll.tp americaøa
Eupatorium capiUifofium
RhynchelytIUm repens
Panicum maximum .
Urena lobsta
BideRS pilÐsa
RhyncbeJ~ repens,
Pluchea rosea
Ambrosia artem.i.siifolia
Schinus terebinthifolius
Rhus copallina
Myrsine floridana
DeJJ; glabra
Vitis rotundifolia
Toxicodendron radians
Smilax spp.
Eustachys ErJauca .
Dactyloctenium aegyptiUID
~
FACW
FACU
FAC
FAC+
FAC-
FAC
FACU-
FACW
Exotic
FACW
FACU
FAGW
Exotic
FACW-
FAC
Exotic
UPL
FAC
FACW
FAC
FAC
FAC
FACW
,,""'-'
ITEM ## 3
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Agenda Item No. 7 A
April 26, 2005
Page 94 of 164
310 Herbaœow
1. 94 acres
This area was historica1ly a depressionaJ marsh area. The area is in close proximity to the
drainage canal to the west. The area has been bJeIroJosicaJIy impacted. Tbe area consists
of a mixture ofboth wetland and upland plant species, neither dominant1g.
goldenrod
Bracken fem
caesu: weed
Cabbage palm
American Beautybuah
ragweed
lamana
swamp fern
fox taü
Brazilian pepper
W"¡qêd Sumac
musky mint
wax: myrtle
Florida trema
broem sedge
Love vine
mÐming g1œy
SoJidaa.o fistulosa
Pteridium aquiJinum
Ureoa lobäta
SabaI palmetto
Caßica.rpa americana
Ambrosia arœmisiifolia
Laotana camara
Bteclmum senuJatum
Setaria ~
Scbinus terebintbifolius
Rhus oopallina
Hyptis aJata
¥yrica cerifera
Trema spp.
Andropo¡øn vUpücus
Cassytha fiIiformis
Ipomoea indica
FACW
FACU
FACU
FAC
FACU-
FAC
FACU
FACW
FAC
Exotic
UPL
FACW
FAC
FAC
FAC
FAC-
FAC
411 Pille Flatwoo4s
23.91 8Cl'eS
This·area COR8Ïsts of. Slash piae C8BOpy with a palmetto understory. Some of the Slash
pines have diod ftom the forest fire. This area has numerous trails.
Slash pine
palmetto
Cabbage palm
wax myrtle
broom sedge
Florida trema
American Bcautybush
dog fennel
caesar weed
beggers ticks
ragweed
Brazilian pepper
Wmged Sumac
Myrsine
Pinus eUiotti
Serooa repeas
Saba] palmetto
Myricacerifera
Andropogon virgiuicus
Trema spp.
Callicarpa americana
Eupatorium capillifolium
Urena Jobata
Bidëns piJösa
AmbTosia artemisüfolia
Schinus terebinthifolius
Rhus copallina
Myrsine floridana
FACW
FACU
FAC
FAC+
FAC-
FAC
FACU-
FACW
FACU
FACW
FAC
Exotic
UPL
FAC
---.,.
þ. -- -.-,-
.' '
. .
I'
lyonia
Gallberry
Grape vine
Poison ivy
Smilax
Love vine
fin&.er grass
LyoDia fÌUÍticosa
Dex gJ.abra
V1tia rotundifolia
Toxicodendron radians
Smilax spp.
Cassytha fiÍiformis
Eustachv pea
428 Cabbage pala
111. 69 acres
Agenda Item No.7 A
April 26, 2005
Page 95 of 164
FAC
FACW
FAC
FAC
FAC
FAC-
FACW
This is the dominate habitat type. This area is dominated by Cabbage palms. The ground
cover consists ofboth wetland and upland herbaceous plants., The area is almost a
monocu1ture of cabbage palms. The herbaceous ground cover dominates in the open
areas. scattered throughout. Neither wetland nor upland vegetation dominate.
Cabbage Palm .
verbena
American Boautybush
sensitive plant
Goldenrod
morning glory
wood sage
mistfiower
Bruilian .pepper
Swamp fern
chain fern
shield fern
bracken fern
Wax myrtle
Florida trema
St. Johns wort
Camphor weed
Salt bush
South Florida Bluestein
Marsh Pink
Broom sedge
Blue Maidencane
Beak rush
Indianhcmp
Guinea grass
finger gniss
. crowfoot
lantana
foxtail
Saba) ~Imetto
Verbena tampensis
CaUiC8t2& americana
Chamaecristo nictitans
Solidqo fistulosa
Ipomoea indica
Teucrium canadense )0
Conoclliúum coe1estinum
Schinus terebinthifolius
Blcclmum sen:u1atum
Woodwardia virpñca
Dryopteris ludoviciana
Pteridium aquilinum
. Myrcia cerifera
Trema 8~.
Hypericum spp.
Pluchea rosea
Baccbaris halimifolia
Schizachynium scoparium
Sabatia grandif10ra
Andropogon vir'gµñcus
Amphicarpum muhlenbergianum
RhynchoSROra microcarpa
. Sida cordifo1ia
Panicum maximum
Eustachys glauca
Dactyloctenium aegyptium
Lantana camara
Setaria &eniculata
FAC
FACU-
FACW
FAC
FACW
FAC
Exotic
FACW+
FACW
FACW
FACU
FAC+
FAC
FACW'
FACW
FACW
FAC
FACW
FAC-
FACW
FACW+
FACW
FACW
FAC
FAC
·,
. .
( .
Agenda Item No. 7 A
April 26, 2005
Page 96 of 164
bay
cypress
white top sedge
Love vine
Persea 2,a1lustris
Taxodium spp.
Dicbromeoa colorata
Cassytha filiformis
FACW
OBL
FACW
FAC-
435 Dead Pines
7.77 acres
Ibis area consistS of species found in the 411 Pine Flatwoods however, the mortality of
Slash pines is higher. The. recent fire bas killed the maiQritIofthe pines tàcilitating,thc
proliferation of cabbage paIms.
Slash pine
palmetto
Cabbage palm
wax myrtle
broom sedge
Florida trema
American Beautybush
dog fennel .
natal grass
caesar weed
beggers ticb
ragweed
Brazilian, pepper
Wmged Sumac
Myrsine
Gallbeny
Grape vine
Poison ivy
Smilax
finger grass
crowfoot
white top sedge
Pinus e11iotti
Serona repens
Saba! petto
Myrica oerifera
Andropp&,.on virgpJicus
Trema spp.
Ca11iC8r2a americana
Eupatorium c:apiUi1blium
RhYJ!Chel!tJ'Um ~
Urena IOOata
Bidens pilosa .
Ambrosia artemisiifåJia
Scbinus terebinthifolius
Rhus copa1lina
MïI'SÌDe .t1oridana
Dex glabra
Vttis rotundifolia
Toxicodendron radians
Smilax: S2P~
Eustachys glauca
Dactyl~ctenium aemtium
Dichromcna colorata
FACW
FACU
FAC
FAC+
FAC-
FAC
FACU-
FACW
EXotic
FACU
FACW
FAC
Exotic
UPL
FAC
FACW
FAC
FAC
FAC
FACW
FACW
8146 aeared Trail
2.98. acres
This area was cleared by the Forestry Departm~t during the most recent fires. This area
consists of á mixture of upland and wetJand herbaceous plants.
-,- - -......
.., '.". ."- .-..... -'. '.-..
-.....-
<'
wn .DT.TFE ~P11".("flCS OB~lœVED
Common Name
Amphibian & Reptiles:
Six- lined. racenumer
Brown anole
Black. ta.Ce(
Florida Box turtle
Green tree 6:08
Birds
cattle egret
Great Blue Heron
Connonm1
8"Rimlle
bobwhite
Dove- ground
Dove.-1DOU11IÏ1tS
mockingbird
~dered.Hawk
Vulture, turkey
Vultue, B1ack:.
Pi1eated woodpecker
Northern t1icIœr
F1ycatcher, great crested
.crow, fish
Crow,. ameFican
Bluejay
Carolina wren
Osprey
Blue-gray goatcatcher
Gray catbird
Northern mòckingbird
Warbler, Commonyel1ow
throated
Cardinal
Loggerhead shrike
Red-beUied woodpecker
Chuck-will's widow
W1ld turkey
~pHiell
C.mmûdqp):1orUs Vnr1inP.RhIR
AnnUl ~
rn1nmner- mnøtrict.nr
T~~e ,...mH"a bmni
R¥1a. rnn~
Buh1llCUI ibig
A r~f".JI hm-nrIiJlR
~!AM'N',^",,"'. ¡writus
C'dl1inuJa chlot'QS)US
("'n1intlJl vi~n;.ml.
CnJllmmftB. p._lUlHina
Z-.irI- mA~
M11T11U pn1y.¡JnttOl
~ linØdlf1IA
çltthartes anra
('~ AtnItlll
~p'-fl'!II
Çnl~ AlIrR.f:q1 .
MyißMhlls minitus
(".ftI'W. , ~
CDrwI hrac'wfw'~hns
£"...G..' .
. '.T~.ncittA.··cn1rt~tß
¡h()'ftthnmll ludnviclanus
p"ntlinn hJÚi.
Po1iQpti11l "JlfI!I"IlIea.
Dllmete111l ca.rnlinenAiR
Mimì.1!1 po~ottos
"
('..enthlJq)ÏS trir.hR.."
Richmnndena œrdinJÚis
T.arlus h.dnvicia.m.ls
Cenftïrnll l'ÁÏ'nli'öÜii
r.aprimul ¡us ca.mlinf!rl!üs
Mel~ ¡allQpavo
Statal
Exhibit # 3
Agenda Item No.·7A
April 26, 2005
Page 97 of 164
J
.~
,.
Mammals:
White-tailed deer
Vzrginia opossum
Racoon
Nme-banded annadillo
Bobcat.
Eastern cottontail
Gray squirrel
Agenda Item No. 7 A
April 26, 2005
Page 98 of 164
Odncnilf'llS vi~niam]!iI
Didfllphill vi1:¡iniAr18.
Pr~on 10m..
D8$JPI.l1 novemcinct1111
FfI!Ii.. ru:fil!l
~JlI""11I ftnritlanllll'"
SCÒJnl1 carnlini"Rt.
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. ',.
FLORIDA
DEPARTMENT OF
ENVIRONMENTAL
PRO"ÆCTION
10' ; ,W ,.--
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DAVID e. STRUHS
secreterY
MUΠJOYNER
Chlsf of smff
MOUJE P.Al.MER
Deputy Ohltlt d Staff
omœ oIEøoay.ItIIm ~
3QOO COfFIn.om...""" IiIIvd
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32311
TeIiJphone:
1I!JO.-1AfS..20S7
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Fax:8S0-2452147
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FACSIMILE TRANSMITTAL SHEET
OFFICE OF eCOSYSTEM PROJECTS
TO: H.,~ $osi
. "
,DATE; If I ~ f' 1JÞtJC"f
FAX NUIIIIM: J( ;J.. 31· ~a - Vk &..e NUMalft:
CQNPNm
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TOTÅL "0. Of' PAGU INClUDIN(¡ pOVER:
IW:
FROM:
-clØrllt 91m11t- D\rIdI:ir
tfi' Jatin 0IJ1\8nd - &rw. ""'~ ....tIIIØ'
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CURtiENT C FOR REVIIW
CPUiA8EFlECYC;:.LE
a PLEASe ~e.NT
PLEASE ItEPL Y .
NOTP/OOMMIiN1":
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. . Page 1'öo of 164 .
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Mail Station 35
Telepbcme (8S0) 245 2242
F,,~",ne: (8SO) .245 2296
h4y. 11. 2004
. . ':::: '. ..
. .
VIA I'Antl'MlT .It! (941) 952.1414
Stanley William Moore
Bri¡bam Moore LLP .
3277 PIUitviUe Road, Suite.B
SmIsOca. Florida. 34231.06453
RE: List ofRegu1aiory R.eqUÙ8m~ts for the ~
Dear Mr. Moore:
. . '.. . ,". j ~ ." .
:Enclosed is a list ofreguIatoÌy ~ tbat we diøcussed and you 1"eqUc8ted.
If you have any questions. Del free to cali~ It (8S0) 245 2199,
Sinœre1y,
Haro14 G. Vi"han~
Deputy Geccral' Counsel
HQVIyr
&cl: As stated above.
'.I,' ...., .
Cc: Kevin StaDficld
Brme Bamett
:"7'!'~::i:~Irci.t-,"·t~~·",....... ., .
. .
- ,:....,.,..,... . '--1 ~.-.
-'.~.---- -
DEP SEC CFF
--
Fax:850-24S2147
14:51 Agen~ No.7A
,." ,oM:..,.: .,: or ',. '
Page 101 of 164" .
I.
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----"'_.,~-~
P
I
~t ofB~1i$ò" Rea.~meDts
1.
~~ ~~ ~ ~:DIY Mth ~;n l""^nditicma of'bis Conditicma1 Use Pç1it
. _1 :_ CO'lmty Bolfd Qft".nmmlnioners on)d8rah 13. 2001
~~i';~ 2001.89). .mil!n eq)ires on 101.26104. . .
A. . Mr. Hcdy bas ~ acquire4 .. 'WetlIDds petmit or lc'4tor of exemption f%cm
eitMr the ACOS or 1be SPWMD. .
n.
Mr~~~';~ co~witb. the COttditiODS oihis Aauaculture Certifioa:tq
. -iI e ,amnmrt of A8rlcultm'e lIftð r.tmlftJft'!.~ Services I'DACS). which
~Oft'June30~2~,.~.~~~~.''' · .
A. Mr. Hardy constructed Jü'lJliìlll;:'Wi1bin wet1aDds md CODSlTuCted his mine
directly into 'the dri.n1dzr& waœr aquifàr. Acco1'dù;1g1,.. ~ neec1s 10 acquire
an ElU' permit:&om either DBP ~ the SPWMD.
m;. Mr. Hardv f'Aitt!!d. to aoauire lID BI1~"ml1nllllbÙ:RMomce Permit ŒRP'\ from DEP-
f1t SFWMD.
A. $n'm'f'ftAI'V of the reøn111tm'V ßIU...hM'lW!ll~,
1. AppliCllDt mqst ~ 1m BRP peønit for dreØP and fill activi1iei in
wetl9"ds md ~~PiIÄ for.activities in uplmd.1hat alter the flow
of surface-water, impIct~ or -¢'ace~. œ impeot xaestin¡ or
-d.,nning oflistcd aquatic.or wdd depeDdea:t species. Act:ivitios I:1Mc! an
~ when located in. uplmds ifb project ~ cont&ûnì at lust 40 acres..
a. A,pp1icant mUlt provide reasonable assurances that state surface
_ and ground water øtanc!afds will be me(. and tbaf.suoh activity is
~ oo!1tr'a:t'y to the pu'b1ic i:ø.taesL
B. Mr. Hamy failed to acquire an BP.P ~ from ei1ber DBP ðr the SFWMD.
rv. ~. Hardv failed to ennmlv with DBP's MilU!l 'Rtl!ðt__ll+inn ~'"'"tJl.
. . ·~¡:';l;~&t·\····· '.
A. Mr. Hardy failed. to .: "úÒtice ofùrtmt 10 bep m;ning.
B. Mr. Hardy failed to file m annual report for bis mine.
'.
"~"~""'J~I.Ni""",."",."""""",, .
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Fax:850-2452147
Se 28'04
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v.
~~ed '. aD~ Multi..sc:ctar n-w,eric Permit fot .
Stormwater J')i~~=:ellN.i~1I with IndUAtriAJ Activf~ tMSOP~ ~~ DEl..
A. Mr. Hardy tailed. to provide the Dcperlml!ll1t a Notice of Intent to operate
under the MSGP.-
B. MJ', Hardy failed to prepcc & itaim water pollution plÍn.
C. Mr. Hardy failed to monitor for total suspended solids.
VI M{- Hardv ñdIcd to accvñl'l!!J In mtlivid:ua1 NPDBS DCrmit D-om DEP.
. . ,tl'- .: _¡ ) ¡:t: .
A. . A:D.y wastewa1a' facility ~ Øìthdty must provide real"ftsble assurances
that its constmction. or ~penlion will tUe:et applicable swfåce aDd gzound
water Itt.ntf--ros. .
.. . '/. 'J' 1,_: ':
. .
! .
Agendg~m4M ~A
April 26, 2005
Page 103 of 164
BoslMlchael
From: bedtelyonJ
Sent: Friday, October 01, 2004 9:01 AM
To: BosiMichael
Subject: FW: Conditional use permits
FYI:
---Original Message-----
From: Mary Stump [mallto:westump@earthllnk.net]
Sent: Friday, October 01,2004 9:00 AM
To: bedtelyonJ
SUbJect: Conditional use permits
October 1,2004
Dear Linda Bedtelyon,
I am writing in behalf of Jesse Hardy. Please re-issue his pennits for his aquaculture farming business.
We have discussed all the reasons-why this is so important to our liberties and freedoms. I implore you· n
to stand brave with Jesse Hardy.
Sincerely
Mary F. Stump
239-549-2250
10/1/2004
vm f~J~~c '~II'
. - --...... _.__ r ..
Agenda Item No. 7 A
April 26, 2005
Page 104 of 164
~
~~
~..f\.n-;C')N.: Lil\IDA 1S€Jtp.2~OYl ) ~
(J4 "- ~...- ~ ~~ H~~
~ ~ ,d-;õ.Q.. 6.~~;m ð1-A./1 Cð"Y\51rf~.
P~:;;té ~ \ ~ ~~~<! ~- ~
i-~ J1Q.-- J~M~{.(¡_ -th~ ~- - )...u.R:
Cl~ - f ~~ fW'-~ r {t\R. t{ ðJ'Å'¿ ·
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C.o.p.«_ C.iSLð.Q i Fl t
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\,
Agenda Item No. 7A
April 26, 2005
Page 105 of 164
RESOLUTION NO. 05 -
A RESOLUTION OF THE BOARD OF ZONING APPEALS
PROVIDING FOR THE ESTABLISHMENT OF CONDITIONAL
USE NUMBER I OF THE "A" RURAL AGRICULTURAL
DISTRICT FOR EXCA V A TION OF PONDS IN CONJUNCTION
WITH THE PERMITTED USE OF AQUACULTURE PURSUANT
TO TABLE 2 OF SECTION 2.04.03 OF THE COLLIER COUNTY
LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN
SECTION 16, TOWNSHIP 50 SOUTH, RANGE 28 EAST,
COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature 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 Development Code
(Ordinance No. 2004-41) which includes a Comprehensive Zoning Ordinance
establishing regulations for the zoning of particular geographic divisions of the County,
among which is the granting of Conditional Uses; and
WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and
constituted planning board for the area hereby affected, has held a public hearing after
notice as in said regulations made and provided, and has considered the advisability of
the conditional use for off-site removal of earthen material in conjunction with the
permitted use of aquaculture as provided for in Table 2 of Section 2.04.03 of the Collier
County Land Development Code in an "A" Rural Agricultural Zoning District on the
property hereinafter described, and the Collier County Planning Commission has found
as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been
made concerning all applicable matters required by said regulations and in accordance
with Section 10,08.00 of the Land Development Code; and
WHEREAS, all interested parties have been given opportunity to be heard by this
Board in a public meeting assembled and the Board having considered all matters
presented.
NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY, FLORIDA that:
The petition filed by Richard H, Thompson, P.E, representing Mr. Jesse J. Hardy
with respect to the property hereinafter described as:
Exhibit "B" attached hereto and incorporated by reference herein
Agenda Item No. 7A
April 26, 2005
Page 106 of 164
#
be and the same is hereby approved for a conditional use for off-site removal of earthen
material in conjunction with the permitted use of aquacuJture as provided for in Table 2
of Section 2.04.03 of the Collier County Land Development Code in the "A" Rural
Agricultural Zoning District for excavation of ponds in conjunction with the permitted
use of Aquaculture in accordance with the Conceptual Master Plan (Exhibit "C") and
subject to the following conditions:
Exhibit "D" which is attached hereto and incorporated by reference herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of
this Board.
This Resolution adopted after motion, second and super-majority vote.
Done this
day of
,2005.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
Approved as to Form and
Legal Sufficiency:
Marjorie M. Student
Assistant County Attorney
CU-2004-AR-5 746/MB/sp
2
Agenda Item No. 7 A
, April 26, 2005
Page 107 of 164
FINDINGS 011' II'ACf
BY
COLLIER COUN'fY PLANNING COMMISSION
. F1)it,
A CONDmONA.L USE PETITION
FOR
CU-2004-AR-5746
The foDowinl facts are found:
, 1. Section 2.04.03 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adv!'fSely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Goòsistëncy with the Land Development Code: and Orowth Management Plan:
YesL No_
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and control, and.
access in case of fire or catastrophe: .
Adequate ingress & egress .
Yes /'No_
C. Affects neighboring properties in relation to noise, glaÌ'e, economic or odor
effects:
_ No a£f~ or _ Affect mitigated by
.Affect cannot be mitigated
-
D. ' Compatibility with adjacent properties and other property in the district:
, Co~patible use ~ct
, y..~
Based. on the above fintHnglli, this conditional use should, witt1 stipulations, (copy attached)
(should not) be recommended for approval 0(*,,"( .'
DATE: to f' ~ þf: CHAIRMAN:
. EXHIBIT A
Agenda Item No. 7 A
April 26, 2005
Page 108 of 164
Legal Description - CU-2004-AR-5746
NW ~ OF SECTION 16, TOWNSHIP 550 SOUTH, RANGE 28 EAST OF
COLLIER COUNTY, FLORIDA
Exhibit "B"
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April 26, 2005
Page 109 of 164
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Agenda Item No. 7 A
April 26, 2005
Page 110 of 164
CONDITIONS OF APPROVAL
CU-2004-AR-5746
This approval is conditioned upon the following stipulations:
1. The Director of Zoning and Land Development Review may approve minor changes in
the location, sitting, or height of buildings, structures, and improvements authorized by
the conditional use. Expansion of the uses identified and approved within this conditional
use application, or major changes to the site plan submitted as part of this application,
shall require the submittal of a new conditional use application, and shall comply with all
applicable County ordinances in effect at the time of submittal, including Chapter
10.02.03. Site Development Plan Review and Approval, of the Collier County Land
Development Code, Ordinance (04-41).
2. Pursuant to Chapter 2.03.07. of the Land Development Code, if, during the course of site
clearing, excavation, or other construction related activity, an historic or archeological
artifact is found, all development within the minimum area necessary to protect the
discovery shall be immediately stopped, and the Collier County Code Enforcement
Director shall be contacted.
3. This excavation shall comply with the requirements of Chapter 55, Explosives, and
Chapter 22, Excavations, of the Collier County Code of Laws and Ordinances.
4. The excavation shall be limited to a bottom elevation of 20 feet below original grade.
5. The tenn of this conditional use approval shall be for three years from the date of the
Board of Zoning Appeals approval of this petition.
6. The excavation shall comply with the requirements of Section 104.5.5 "Dust Control" and
Section 104.5.6 "Noise Control" of the revised Florida Building Codes, as adopted by
Collier County Ordinance No. 2002-01.
7. Best management practices shall be used in accordance with the October 2002,
Aquaculture Best Management Practices Manual prepared by the Florida Department of
Agriculture and Consumer Services.
8. A preserve restoration/management plan and a conservation easement for the Preserve if
applicable shall be required at the time of excavation penn it approval.
9. Prior to any blasting activity, the applicant shall conduct a documented survey of the
structural condition of each residence within 1000 feet of the property line of the
excavation site to detennine if there is any structural damage related to the blasting
CU-04-AR-5746 CONDITIONS OF APPROVAL
EXHIBIT "D"
Agenda Item No. 7A
April 26. 2005
Page 111 of 164
activities subject to the respective property owner's consent. The results of the pre-blast
survey shall be submitted prior to the issuance of a blasting permit to Tom Kuck, Director,
Collier County Engineering Services Department.
10. The hours of operation shall be restricted to 7:00 AM to 6:00 PM, Monday through
Saturday. No excavation or hauling activity shall be permitted on Sunday
11. The following information regarding the littoral zones shall be required to be shown on
the excavation site plan submitted with the excavation permit application:
a. Calculations of the required littoral planting area; and
b. Cross-sections of the littoral planting areas showing control elevation and
slope; and
c. Standard exotic removal note; and
d. Clearing plan.
12. The excavation shall comply with, and obtain, all required Federal and State
requirements and permits mandated for an aquaculture facility.
CU-04-AR-5746 CONDITIONS OF APPROVAL
EXHIBIT "D"
- ~;
1 ~
. ,. Agenda Item No. 7A
_~!!L26 2005
COLLIER COUNTY COMMUNITY DEV. & ENVIRONMENTAL SVCS. ~œiØN64
PLANNING SERVICES DEPARTMENT
CURRENT PLANNING SECTION
AGRICULTURAL CLEARING PERMIT
No. ACP -1645
Folio Number: 0000000479560003
Effective Date: 10/2612001
Expiration Date: 10/26/2006
This pennit authorizes the owner/agent Jesse Hardy of the property located at (legal description and general
location) North 1/2 of South 1/2 of NW 1/4 of Section 16J Township 50 South, Range 28 East, Collier
County, Florida; to remove protected vegetation in accordance with the attached site plan and the following
conditions, per Collier County Land Develcpment CodeJ Division 3.9, as amended, with specific reference
to Section 3.9.6.5.
GENERAL CONDITIONS
1. This pennit must be kept on siteJ and be available for inspection by County, State, and Federal officials.
2. This permit does not obviate the owner/agent from obtaining required permits of County, State, and
Federal jurisdictional agencies.
3. Within three years of the date of this pennit, the owner/agent shall ~ommence a bona fide aquaculture
activity on site which shall occupy all completed lakes.
4. The owner/agent is aware that the Collier County Board of County Commissioners will not rezone the
property refeJTed to by this permit, for a period of ten (10) years from the date of pennit.
5. The owner/agent is required to remove exotics on this property and maintain the property exotic free.
6. This pennit is valid for five (5) years and may be automatically renewed for five (5) year periods
providing that a notification in writing is fOIwarded to the Development Services Director at least thirty
(30) but not more than one hund.rcd eighty (180) days prior to the expiration of the existing permit and
providing that the property has been actively engaged in bona fide agricultural activity in accordance
with the requirements of Section 3.9.6.5.1 of this Code and providing that the applicant is in compliance
with any and all conditions and/or stipulations of the pennit.
7. If any changes of the conditions in the application or permit are anticipated, another application shall be
submitted. Deviations from the permit conditions shall cause to void the Agricultural Clearing Permit.
SPECIFIC CONDITIONS
1. Vegetation may be removed by mechanical means.
2. Vegetation permitted for removal shall be distinguished by: The limits of clearing sha1l be flagged on
site prior to clearing for phase I of the aquaculture excavation.
1. Vegetation to be preserved shall be protected by: barricades 0, fencing 0, hay bales 0, other X (check
one) methods that shall be placed no closer than the drip line in the case of trees. Proper erosion control
devices shall be used where necessary to prevent sediment and turbid water from leaving the site.
2. Exemptions as defined under Land Development Code Section 3.9.6.5.6(2) shall apply to this pennitJ
unless otherwise stated.
L
Agenda Item No. 7 A
April 26, 2005
Page 1130f164
COLLIER COUNTY COMMUNITY DEV. & ENVIRONMENTAL SVCS. DIVISION
PLANNING SERVICES DEPARTMENT
CURRENT PLANNING SECTION
Agricultural Clearing Permit
Page 2
No. ACP-I645
Folio Number: 0000000479560003.
Effective Date: 10/26/2001
Expiration Date: 10126!:z006
5. Authorized to clear for Phase I of the Aquaculture Excavation as shown on the attached site plan. Earth
mining previously approved pursuant to Conditional Use Petition #CU-2000-16 and Commercial
Excavation Permit #59.764.
~
Current Planning Staff
Jo/J'/ÍØ/
Date
Property Owner: JESSE J HARDY
Address: 6000 NAOMI ST.
NAPLES, FL 34117-2626
Phone: (941) 250-1871
Authorized A¡ent:SRF ENHANCED PROPERTIES, LC
Address:2147 Palm Street
NAPLES, FL 34112
Phone: (941) 248-2223 STANLEY R. FOGG, SR.
I have read and understand CoWer County Land Development Code, Division 3.9, as amended,
specifically Section 3.9.6.5 and the above conditions to Permit #ACP-1645.
I agree to the conditions of this permit.
~~~
1 erl Agent
It? /p..¿ fc, 1
Date{ I
CC: ACP File
Ed Morad, Collier County Code Enforcement
Daryl Hughes, Collier County Engineering Inspections
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Agenda Item No. 7A
Apríl26.2005
Page 115 of 164
Collier County Community Development & Environmental Services Division
Planning Services Department
Current Planning Section
Application for Agricultural Clearing Pennit
Pursuant to the Collier County Land Development Code Section 3.9.6.5
Date Received:
Number: ACP -
Folio #
00479560003
Property Owner:
Jesse Hardy
Phone: 2S(} -I f7 /
Address:
6000 Naomi Street. Naples. FL 34117
Agent: SRF Enhanced Prooerties. LC.. Stanley R. Fogg. Sr. Phone:
941-248-2223
Address:
2147 Palm Street. Naples. FL 34112
Legal Description of the property: See attached
Street Address of property: Naomi Street
Zoning District, including zoning overlays:
Agricultural
Acreage:
36.73 acres
Detailed location description/directions to property: South on Everglades Blvd. to 52nd
Avenue S.E. then South on Desoto then leffõn 53rd to Canal then South 1 mile to propertY
Proposed Agricultural Use: Aquaculture
Proposed Acreage to be cleared:
36.73 acres
Please answer the following. Where pennits or exemptions have been issued, attach to
application.
1. Is a Collier County Special Treatment Permit required?
No X Yes_Date Applied Date Obtained Pennit No.
2. Is a South Florida Water Management District Consumptive Use Pennit or exemption
required?
No X Yes_Date Applied Date Obtained Permit No.
3. Is a South Florida Water Management District Surface Water Management Pennit or
Exemption required?
......_-,.
AR- /ttj5
Agenda Item No. 7 A
April 26, 2005
Page 116 of 164
No X Yes_Date Applied Date Obtained Pennit No.
4. Is a United States Army Corps of Engineers pennit or exemption required?
No X Yes_Date Applied Date Obtained Permit No.
5. In this activity for silviculture? No X Yes If yes, please attach a
management plan prepared by a forester/resource manager (private, industrial or State
[e.g. Division of Forestry]).
6. Do you propose clearing in wetlands? No X Yes
If yes, clearly indicate locations on an attached aerial or site plan.
7. Are there any State or Federally listed plant or animal species on your site to the best
of your knowledge? No X Yes
If yes, please explain.
Submit along with this application, an aerial or site plan includes a general vegetation
inventory and proposed clearing plan. Submit the appropriate clearing fee: Fee
schedule $150.00 up to first acre and $ 5 er are for each additional acre if _
fraction thereof. Maximum fee is 1,500.00. . t'.-, -¡ 4~ ri S /. IbO
IJ f 1:-00.,. A)< t:. ß "0
Should the County's on-site inspection detenn may ca~'pötential
or actual impacts to wetlands and/or protected State and Federally listed wildlife
species, then the applicant must submit data relating to said environmental impacts as
per and subject to the Collier County Growth Management Plan - Conservation and
Coastal Management Element policies 6.2.9, 6.2.10 and objective 7.3 (and associated
policies) and Collier County Land Development Code Division 3.11.
The owner/agent should contract other Federal, State and Local agencies that
may require permits.
I, Stanley R. Fogg. Sr. , affirm that I am the agent for the
property described in this application and that I understand the applicable
provisions of Collier County Land Development Code, Division 3.9.
Date
***********************************************************
/ð//-10/
/
Staff Use Only
Determination of CompletenesslModified: Date
Complete? No Yes
Review of Application: Begin
Site Visit: No Yes
WetIand Issues? N 0 Yes
Wildlife Issues? No Yes
Approve Conditions Date
Deny: Reasons: Date:
*****....*..****.....*..************.*************************.**.*********
End
Date
Return completed applications to:
Collier County Community Deve]opment & Environmental Services Division
Planning Services Department
Current Planning Section
2800 N. Horseshoe Drive
Agendg~l~} A
April 26. 2005
Page 117 of 164
BoslMichael
From: bedtelyonJ
Sent: Friday, October 01, 2004 9:01AM
To: BosiMichael
Subject: FW: Conditional use permits
FYI:
----original Message-----
From: Mary Stump [mallto:westump@earthllnk.net]
Sent: Friday, October 01, 2004 9:00 AM
To: bedtelyonJ
SUbject: Conditional use permits
October 1, 2004
Dear Linda Bedtelyon,
I am writing in behalf of Jesse Hardy. Please re-issue his permits for his aquaculture farming business.
We have discussed all the reasons why this is so important to our liberties and freedoms. I implore you
to stand brave with Jesse Hardy.
Sincerely
Mary F. Stump
239-549-2250
10/1/2004
~n" ~~~J~~£ I "~,,.
Agenda Item No. 7 A
April 26, 2005
Page 118 of 164
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Agenda Item No. 7A
April 26, 2005
Page 119 of 164
~udubon
~ÅüDüBöN
OF FLORIDAI,¡ SOCIETY
2507 Callaway Road, Suite 103
T~,FL 32303
October 20, 2004
660 Ninth Street, North, Suite 32A
Naples, FL 34102
Collier County Planning Commission
Russell Budd, Chair
c/o Michael Bosi, Staff Coordinator
2800 North Horseshoe Drive
Naples, FI. 34104
RE: Conditional Use Excavation Petition by J. Hardy CU-2004-AR-5746
Dear Commissioners:
Collier County Audubon Society and Audubon of Florida wish to jointly offer comment¡ on the above-
referenced conditional use petition in the Picayune Strand State Forest. While we are sympathetic to
the personal circumstances of Mr. Hardy, we strongly disagree with stafrs recommendation to approve
this petition.,. ~çavation of over 80 acres of twenty-foot deep lakes is contrary to the goals of the
Picayune Strand restoration project being implemented under the Comprehensive Everglades
Restoration Plan, and just last week accelerated as a priority project by Governor Jeb Bush.
Most important, howevèr, is the failure of Mr. Hardy to comply with the requirement¡ for his
aquaculture endeavor. As part of the State-adopted Best Management Practices for aquaculture, Mr.
Hardy must already have obtained necessary state and federal permit¡. Because he does not appear to
have received these permits, his mining and aquaculture operation is non-compliant and therefore no
longer merit¡ exemption as a bona fide agricultural activity. The Natural Resource Protection Area
land use category, in which Mr. Hardy's land is, does not permit earth mining, which this operation
essentially is.
Collier County Audubon Society and Audubon of Florida urge you to recommend denial of this
conditional use petition as inconsistent with the Collier County Growth Management Plan.
Sincerely,
.~~~
v~radley-c&JI
Environmental Policy Analyst
Collier County Audubon Society
~ ~ J'-v
Eric Draper
Policy Director
Audubon of Florida
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BIG CYPRESS BASIN
SOUI'H FLoIuDA WATBR MANAGIMIINT DJsnucr
6089 Janes line, Napln, PI. :HID9
o~e1t505 . San:om 721-7920 · Fax (941) .59'7-4987 . www.úwzncLgov/organ/2...bc:b.h.tm1
Agenda Item No.7 A
April 26, 2005
- ,- ... Prél~e. ~!J0f 164
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December 7, 2000
Mr. Stephen Lenberger
Environmental Specialist II
Collier County Planning Services Department
2800 North Horseshoe Drive
Naples, FL 34104
Dear Mr. Lemberger:
Subject:
Conditional Use Petition No. CU-2000-16, Jesse Hardy Aquaculture
Ponds
We have reviewed the subject proposal for excavation of four lakes for a fish farm in
Section 16, Township 50 South, Range 28 East, in the Southern Golden Gate Estates
(SOGE). The project is located within the State of Florida's SOGE Conservation and
Recreational Land (CARL) project area. The SOGB lands are presently being acquired
for public ownership to restore the hydrology of the area for greater public benefit. A
cónstruction project involving modification of the canals and roads in the SOGB is
presently being developed by the Big Cypress Basin and the U.S. Army Corps of
Engineers for implementation of the restoration plan.
The proposed land use change to aquaculture ponds is inco,mpatible with the hydrologic
restoration plan for the area.
We appreciate the opportunity to comment. Should you have any questions or need
additional infonnation, please do not hesitate to eörttact' us.
CST/ame
c: John Outland
Ed Kuester
BIG CYPIWS B.uIN GoVEltN.lNC BOARD
Trudi K. WII11ama, Ouri~ Ex øffido - Ft. Mym Patricia Cam:III, Scrrttny - NqIø
Mary Ellen Hawldnl. Vier OIIIir . N.,,1lf Garrett S. Richter. NqIa
loAM SmaIlwood.. NIqIIa
Fred N. Thamu, Jr. ·111Ø111lcùrr
DIUCTOIt
CIannce S. Teara, Jr.
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I U Page 123 of 1'64
Florid;6epartment of Agricult~ and Consumer Services
CHARLES H. BRONSON, Commissioner
The Capitol . Tallahassee, FL 32899-0800
Pleøe Rnpoßd to:
Dtvilion of Aquaçultme
1203 QQvemor'l Sc¡uaro Blvd.
Fifth P100r
T.n·....uoo, P1arlda 32301
Teltp~: (850) 488-4033
Fax: (850) 410.os93
May 24, 2004
J~ J. Hardy
Hardy's Aquaculture FaI11'J$
6000 Naomi Stl"eet
Naples. Florida 34117-2626
Dear Mr. Hardy:
Enclosed is a copy of an email from Bob Vierte~ Hydroaeologist in the
Department's Office of Agriculture Water Policy. This summ8IY of the general
hydrogeologica.l conditions in western Collier County indicated that the ponds you are
constructing may have a connection to the drmking water aquifer. .
Due to this infonnation, we are diRlctiug you to pay close attention to Section V1.
W'A~ Reso~!. of the Aquaculture BMP Manual dated October 2002. It was created to
addreS$ situations similar to your designed facility and the hydrogeological conditions at
your location. SpecificaUy Sµbsection D. Soecial W8J.tJr Resource Consideratí~ Pit
~. requires that you follow stocking density and feeding rate limita:tíons. A crop
biomass less than 2000 pound! is limited to a feeding rate equal to or less than S perçent
of the standing biott1'$SS per day.
. If you believe that this opinion of your pond's connection to the aqv.ifer-is
incorrect, plea...e provide me with an opinion ·from a PE 01' PG. OtheIwise, you win have
to meet the res'JÎction listed above.
As you start stocking your pond pleaSc be aware of these Best Manageme.nt
Practice requir~ments. Please c:ontact me at 850-488-4033, if you have any questions me.
Sincerely,
~t>£ ~t~~
Kal Knickerbocker
:Environmental Administtator
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F I ù [' i d a A g r i cuI t u rea n d F o' res t Pro due t s
$ ó 2 B ill i \) n for F lor ¡ d ù . s 'F. con 0 (11 Y
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"
Knickerbocker. Kal
From: Wilhelm, Sherman
Sent: Friday, May 21.2004 2:59 PM
To: KnicIœItocker, Kai
Subject: FW. Jesse James Hardy CoRIer County
--original Message--
'rom: BoxoId, Jim
sent: Frittay, May 21, 2004 2:20 PM
To: Wilhelm, Sherman; BerrIgan, Mark
SUbJect: FW: Jesse Jart1Es Hardy Collier County
--original Message-
From: Aller, ChJCIc:
Sent: Frtday, May 21, 2004 10:51 AM
To~ BadeI, ,1m
SUbject: FW: Je5&e.-nes Hardy Collier County
Cummt statu.... ... . .. .
Chuck Aller
Ditector, 0ftIce of AgricuItInI Water Policy
Florida Department of ~~re end Consumer SeMcee
The Capitol (PL-10)
Tallahassee. Florida 32399-0810
850-410-6732 voice
850-922-436 fax
--original M<:ssege
FraIn: VIertel, Bob
Sent: Thursday, May 20, ZOO41:06 PM
To: CostJgan, John ,
Cc: Aller, Chuck; 8udeII, FUc:h¡ 8IrtnJck., W [1iam
SUbject: Jesse James Hardy CollIer Coooty
John,
The three attached fII., are aeriIIlmeeee Ihowtng the location of the Hardy pn)perty In Coller County,
as 'He discussed. On the COlI1ty-wide map, Mr. Hørdy's property is shown by the red dot just left (or
west) of the c:enter of the image. On the other two images, the location of his activitieS should be
apparent.
Following Is 8 recap of my comments to you regarding general hydrogeologic conditions In We.tem
CoIlìer County, based on existing data and Iteratu...:
· In thi$ region, the hydrogeologfc units that comprise the Surficial Aquifer System (SAS) are
typically deftned II. the wilier table aquifer, the Tlmiaml Confi\lng Zone end the Lower Tamiami
Aquifer;
· The hydraulic characteristics of the SAS are highly variable. In are.. where the confining zone is
lesky or absent (which is common), there Is direct hydrwulio oonneotion of the Lower Tamtami'
512412004
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DIV OF FQ.Rl1.TlRE Fax:850-410-0B93 l1:t 20 '().4 16:26 P.04
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Aquifer and the water table aquifer and they fu1Ction 81 an unconftned Iystem;
. The apparent excavated pond on Mr. Hardýs property Is corwtructed wittrin the Surftclal Aquifer
System:
. Approximstsly 90% of Coller County's poIab1e wal8r Is derived from the Surficial AqUfer System,
as of year 2000 data.
I haVe requested, but not yet recetved, weD c:ompletion reportB In the vidnily of Mr. Hardy',
property. These reports may offer I')IM .itlHpecific hydrOgeOlogic data.
If you have 81"11 questions lit 1111. or would ßke me to pursue thiS further. please acMM.
ThankS,
Bob
Robc:::rt M. Viertel, P.G.
Office of A¡ricultural W.. Policy
Florida ~* of Ar;riøuIuo ID4 Couumor Scnioee
Phone: (850) 488-&49
SuftCom: 27J.Q49
Fee (8SO) 921-1153
Emai1: ~doI.cs.sl3œ.fLus
512412004
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Agenda Item No. 7 A
April 26. 2005
AGENDA ITßïg7..;\f6 of 164
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MEMORANDUM
TO:
FROM:
DATE:
" RE:
COLLIER COUNTY PLANNING COMMISSION
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
December, 7, 2oDO
PETITION NO: CU-2000-16
OWNER/AGENT:
owner: Jessy Hardÿ
6000 Naomi Street
Naples, FL. 34145
Agent: : " Jeff L. Davidson
Davidson Engineering, Inc.
1720 J & C Boulevard, Suite 3
Naples, FI. 34109
REQUESTED ACTION:
The applicant is requesting the approval of a conditional usè for an earth mining activity
on a parcel of land zoned "A" Agricultural.
GEOGRAPHIC LOCATION:
The subject property is located in the "Hole-in-the-Donut" within the Southern Golden
Gate Estates". More specifically, the site is located about two miles south of Interstate 1_
75 and one and one quarter mile east of Everglades Boulevard, in Section 16, Township
50 South, Range 28 East, Collier County, Florida. This site consists of 160 ± acres.
PURPOSE/DESCRIPTION OF PROJECT:
The applicant is requesting Conditional Use "1 II of the "A" Agricultural zoning district for
an earth mining business. The site, which consists of 160 acres, contains a residence
and a small lake. The petitioner js proposing to excavate four Jakes with a combined
area of 80.7 acres. The petitioner is proposing to excavate the site to a maximum depth
of 20 feet. Some blasting may be required as a part of this earth mining activity. The
-1-
CU-2004-AR-5746
PROJECT # 2004040016
DATE: 4/1512004
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Agenda Item No. 7A
April 26, 2005
Page 128 of 164
'. ,
petitioner indicates that they intend to excavate approximately 1,785,667 Cubic yards of
fill material. The applicant has also indicated that they intend to excavate this site over a
period of 30 years.
The access to the site will be provided via an existing driveway access located along
the west side of the property. The existing limerock road connect~ to Desoto Boulevard,
which connects to 52nd Avenue N.E., which intersects with Everglades Boulevard.
The lakes will be used as aquaculture ponds, which are permitted principal uses under
the Land Development Code. The applicant is proposing to raise only native species of
fish.
SURROUNDING LAND USE AND ZONING:
Existing: - Mostly vacant with a residence located on the NW corner
of the property, zoned "A" Agricultural.
Surrounding: North - Vacant with a residence, zoned "A"Agricultural.
East - Vacant, zoned "An Agricultural.
. South - Vacant, zoned "A" Agricultural.
West - Vacant, zoned "E" Estates.
GROWTH MANAGEMENT PLAN CONSISTENCY:
The subject property is located in the Rural Agricultural area as shown on the FLUE
map of the GMP, and is within the Natural Resource Protection Area Overlav (NRPA).
The Agricultural/Rural designation is subject to the 6/22/99 Final Order from the
Governor and Cabinet.
The Agricultural/Rural designation permits agricultural uses including aquaculture and
excavation/earth mining; the Final Order does not prohibit agricultural uses. or earth
mining in the Agricultural/Rural designation. The NRPA Overlay allows agriculture and
directly related uses; and, the Final Order provides that agriculture and directly related
·uses are allowed within a NRPA. Excavation/earth mining is a necessary component of
the proposed aquaculture use.
It is staffs opinion that excavation/earth mining not directly related to an agricultural use
would not be allowed within a NRPA. The only way this petition for an excavation could
be d~emed consistent with the FLUE is if the intended and primary use is a bona fide
agricultural use ·and the excavation is a directly related use necessary in order to
achieve the end use. This excavation activity will take approximately 30 years to
achieve. Due to the. magnitude of this project, which will i~clude 30 years of earth
mining, blasting and hauling the fill material in excess of 1.75 million cubic yards on
Southern Golden Gate Estates roads, improvement to which are limited by policies
-2-
, .
"
Agenda Item No. 7 A
April 26. 2005
Page 129 of 1!34
contained within the Growth Management Plan. Staff is proposing a çondltional
approval for a period of 3 years. After the initial 3 years of activity, this operation will be
evaluated by the County to make sure that the principal use of aquaculture. has
commenced and the activities occurring on site, including earth mining and hauling of fill
material does not negatively affect the neighboring properties, County roads, and the
traffic in the Estates district. After the first three years the Board of County
Commissioner, may approve or deny any further earth mining activity on this project.
Other applicable elements of the GMP for which a consistency review was made are as
follows:
. Transportation Element: Ingress and egress to the site will be provided via an existing
driveway access located along the west side of the property. The existing limerock road
connects to Desoto Boulevard, which connects to 52nd Avenue N.E., which intersects
with Everglades Boulevard.
The ITE Trip Generation manual Indicates that this site will generate 50 to. 80 trips on a
weekday. Based on this data, the site-generated traffic will not exceed the significance
test standard (5 percent of the level of service LOS "C" design volume) on any County
Road. In addition, the site-generated trips will not lower the LOS below the adopted
LOS "0" standard for any segment within the project's radius of development Influence
(RDr). m_________
Therefore, this project is consistent with Policy 5.1 and 5.2 of the Traffic Circutªtion
Element (TCE).
---------'----- ._---"-----~--_.._-_.._.__._._~~.-
Conservation Element: This petition will be reviewed by the EAB on January 3, 2001.
The EAB recommendation and stipulations will be presented to the CCPC at the
hearing. A groundwater quality-monitoring plan, as stipulated by staff, will be in place to
monitor the groundwater quality for the life,of this excavation operation.
Sf AFF ANALYSIS.
The Current Planning staff has coordinated a comprehensive evaluation of this land use
petition and the criteria on which a favorable determination must be based. This
evaluation is intended to provide an objective, comprehensive overview of the impacts
of the proposed land usè change, be they positive Or négãtïve, c'ùlrT'iihätirigihä stäff
~ecommendation based on that comprehensive overview. The below listed criteria are
specifically noted in Section 2.7.4.4. of the Land Development Code thus requiring staff
evaluation and comment, and shall be used as the basis for a recommendation for
approval or denial by the Planning Commission to the Board of County Commissioners.
E.8chof the potential impacts or considerations identified during the staff review are
listed under each of the criterion noted below, and are categorized as either pro or con
as the case may be, in the opinion of staff. Staff review of each criterion is followed by a
-3-
,"
Agenda Item No. 7A
April 26, 2005
Page 130 of 164
summary conclusion culminating in a determination of compliance, non-compliance or
compliance with mitigation.
a. Consistency with this code and Growth Management Plan.
Pro: The site in question is zoned "A". Earth mining is permitted as a Conditional
Use in the Agricultural district. The subject pro'perty is designated Rural
Agricultural on the Future Land Use of the GMP.
Con: This Site is located within a Natural Resource Protection Area (NRPA).'
, N'RPA would allow bona fide agricultural uses; however, excavations are not
permitted within a NRPA. This petition can only be deemed consistent if the
excavation activity is needed for a bona fide and permitted agricultural use.
Summary Conclusion (Findings):
The use in question is a permitted conditional use within the Rural Agricultural
zoning district. NRPA does not allow earth mining unless it is in conjunction with
and necessary for an agricultural use.
b. Ingress and egress to property and proposed structures thereon with
particular reference to automotive and pedestrian safety and convenience,
traffic flow and control, and access In case of fire or catastrophe.
Pro:
1) The access to the site will be, provided via a private access road, which
intersects, with Desoto Boulevard.
2) The recommendation in support of this petition is conditioned upon
reconsideration by the BZA within three (3) years so that traffic conditions relative
to ingress and egress as they relate to this property can be re-evaluated.
Con: This property will be qççessed via rOJ~st!?, ~jtt1in ,the SOl-!t~ern, Gqlden Gate
Estates (SGGE). It is common in granting approval for excavation to require
certain road improvements due to the Impacts of hauling the excavated
materials. However, the Golden Gate Area Master Plan precludes such road
improvements within SGGE. Policy 2.1.1 states: "Minimal road maintenance to
include traffic signage, right-of-way mowing and road surface patching/grading
will continue;" and;· Policy 2.1.3 states: "Special taxingdistrictsa.ssociated with
infrastructure improvements shall not be created for or expanded into SGGE."
Summary Conclusion (Findings):
Adequate ingress and egr~~s to the site will be provided from a private access
easement, which connects the site to Desoto Boulevard. Reconsideratiön ofthis
project within three (3) years will allow the BZA to deny any additional earth
-4-
Agenda Item No.7 A
April 26, 2005
Page 131 of 1?4
mining of the site should the development trend change and the area become
more populated or the truck traffic from the site interfere with residential traffic on
Desoto Boulevard or other roads used by truck traffic related to the site.
However, road improvements, necessary for this type of activity, are not
permitted in the area.
c. . The effect the conditional use would have on neighboring properties in
relation to noise, glare, economic or odor effects:
Pro:
1) Neighbóring properties are mostly undeveloped. This mining activity should
have minimal impact on neighboring properties at the present time because
existing housing in this area is sparse. A staff site visit revealed that at this time
there is only one home adjoining this parcel. The said residence is approximately
1000 feet from the last phase of this project.
Con: This activity, including blasting, will generate noise and dust which may
affect the neighboring properties. _
SUmmaryconch.išion (Findincs):
The proposed earth mining activity will generate some noise and dust in the area.
Thi~ activity is not anticipated to generate any glare or odor.
d, Compatibility with adjacent properties and other property in the district.
Pro: This property is surrounded on three sides by agriculturally zoned properties
with only one residence on one of the properties. All remaining agricultural
properties are vacant.
Con: On one side this . property is adjacent to Estates zoned properties.
However, they are all vacant tracts at this time.
Summary Conclusion (Findings):'
The site in question is surrounded on all side.~ ÞY fJ10stry undeveloped land. It is
unlikely that development will result in a substantial number of new homes within
thé rè-¿0'ri1mended three (3) year window ofÌ'è~evaluation. Nevertheless, there
are ~ubdivided Estate lots on one side of the I~nd in question.
STAFF RECOMMENDATION:
Staff recommends that the CCPC forward this petition for to the BCe for a conditional
approval subject to all staff stipulations. Staff's recommendation is due to the fact that
aquaculture is a permitted use within the NRPA, and the proposed excavation is a
necessary step in order to prepare the property for the intended use.
-5-
Agenda Item No.7 A
April 26. 2005
Page 132 of 164
BE IT FURTHER RESOLVED that this Resolution be recorded in the miDutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this _ day of
,2001.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
ATTEST:
DWIGHT E. BROCK., Clerk
BY:
JAMES D. CARTER. Ph.D., CHAIRMAN
Approved as to Form and
Legal Sufficiency:
Maljorie M. Student
Assistant County Attorney
a:ladrmn/CU.2000.I6I R.ESOLUTlONICB/cw
-2-
Agenda Item No. 7A
April 26, 2005
Page 133 of 194
FINDING OF FACT
BY
COLLIER COUNTY PLANNING CO:Ml\1ISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-16
The following facts are found:
.1. Section 2.2.2.3.1 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will nöt
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes No
B. Ingress and egress to property and proposed structures thereon with particular
r.eference to 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 properties in relation to noise, glare, economic or odor
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 findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval
DATE:
CHAIRMAN:
EXHIBIT "A"
, .
Agenda Item No. 7 A
April 26, 2005
Page 134 of 164
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-16
The following facts are found:
1. Section 2.2.2.3.1 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
. Yes No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes No
C. Affects neighboring properties in relation to noise, glare, economic or odor
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 findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval
DATE:
MEMBER:
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Agenda Item No. 7 A
April 26, 2005
Page 136 of 164
CONDITIONS OF APPROVAL
CU-2000-16
1. A required lake littoral zone planting area of 10% of the perimeter of the shoreline is
required prior to final acceptance of the excavation by the Planning Services Director.
~. ..:..:.=.~2.hiÇ>rto finaLapceptance of the excavation by the Planning Services Director, a 20-foot
maintenance easement around the perimeter of the lake shall be dedicated to Collier
County with no responsibility for maintenance.
3. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of
site clearing,u excavation, or other construction related activity, an historic· or
archeologicalaJtifact is found, all development within the minimum area necessary to
protect tbectiscovery shall be immediately stopped, and the Collier County Code
Enforcement Director shall be contacted.
------
4. Hours of operation are restricted to 7:00 AM/6:00 PM Monday through Saturday. No
excavation or hauling activity is permitted on Sunday.
5. This Conditional Use shall expire 3 years after the date of issuance of the Agricultural
Clearing Permit or upon completion of phase one, whichever occurs first. Within the
initial 3 year period, the applicant is required to commence a bona fide aquaculture
activity on the site, which shall occupy all completed lakes. In order to continue the
excavation, the applicant shall request a new Conditional Use approval from the Board of
Zoning Appeals.
6. Blasting shall require a Blasting Permit.
7.The petitioner must apply for a Vegetation Removal Permit. Environmental Staff shall
perform a site visit to determine the need for an agricultural clearing permit and to check
for any listed species. No work shall be done prior to that site visit.
8.The excavation will be limited to a bottom elevation of 20 ft. below Original Grade.
9.0ff-site removal of material shall be subject to "standard conditions' imposed by the
Transportation Services Division in the attached document dated May 24, 1988.
1 a.An exotic vegetation removal, monitoring and maintenance plan for the site, shall be
submitted to Planning Services Section staff for review and approval prior to excavation
work beginning on site.'
'.
Agenda Item No.7 A
April 26, 2005
Page 137 of 164
11.Permits or letters of exemption from the U.S. Army Corps of Engineers (ACOE) and
the South Florida Water Management District (SFWMD) shall be presented prior to
issuance of an agricultural clearing permit.
12.Clearing shall be done in phases with agricultural clearing permits issued for one
phase at a time. Agricultural clearing permits for subsequent phases shall not be issued
until the previous phase (lake) is completed.
13.Trucks used to haul fill from the site shall not be allowed to transport this material
down the Janes Scenic Drive.
14. Adequate dust control measures, including spraying water over all non-paved road
surfaces used by the trucks in conjunction With this earthmining activity, shall be
employed by applicant. Failure to utilize adequate dust control procedure shall be
sufficient causë to order cessation of the work.
---------
EXHIBIT "C"
Agenda Item No. 7 A
April 26, 2005
Page 138 of 164
COLLIER COUNTY TRANSPORTATION SERVICES
"STANDARD CONDITIONS"
EXCAVATION PERMIT APPLICATIONS INVOLVING
OFF-SITE REMOVAL OF MATERIAL
The intent of these "Standard Conditions" are to provide excavation permit applicants a summary of
conditions which may affect their projects and which should be taken into consideration during all
stages of project development:
1. Haul routes between an excavation site and an arterial road shall be private with property
owner(s) approval or be a public collector road built to standards applicable to handle the
resulting truck traffic. Where residential areas front collector roads,' àppropriate tum lanes,
buffer and bikepath shall be required as minim'a! site improvements and if recommended for
approval, shall be so with the co.ndition that the Transportation Services Administration
reserves the right to suspend or prohibit off-site removal of excavated material should such
removal create a hazardous road condition or substantially deteriorate a road condition; such
action by the Transportation Services Admínistrationshall be subject to appeal before the
Board of County Commissioners.
2. Haul routes utilizing public roads shall be subject to road maintenance and road repair or an
appropriate fair share by the permittee in accordance with Excavation Ordinance No. 91-102
as amended Div. 3.5 and Right-of-Way Ordinance No. 93-64.
3. Off-site removal of excavated material shall be subject to Ordinance No. 92-22 (Road
Impact Ordinance). A traffic and road impact analysis shall be made by the County to
determine the effects that off-site removal of excavated material will have on the road
system within the excavation project's zone of influence. If appropriate, road impact fees in
accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation
pcmrit.
4. The Transportation Services Administration reserves the right to establish emergency weight
limits on public roadways affected by the off-site removal of excavated material; the
procedure for establishment of weight limits shall be the presentation of an applicable
resoluti.on before the Board of County Commissioners. Should weight limits be instituted,
the pennittee shall be responsible to implement measures to assure that all heavy truck
loadings leaving the pennit's property confonn to the applicable weight restriction.
5. The Excavation Perfonnance Guarantee shall apply to excavation operations and also the
maintenance/repair of public roads in accordance with current ordinances and applicable
pennit stipulations.
EXHIBIT "B"
Page One of Two
Agenda Item No. 7 A
April 26, 2005
Page 139 of 1,1;>4
6. Based on soil boring infonnatiön per Ordinance No. 91'-102 as amended, a blasting permit
may be appropriate. Should a blasting permit application be submitted and should
residential areas exist within one mile of the excavation site, the County reserves the right to
deny a blasting permit based on concerns for off-site impacts from blasting at an excavation
site. Should a blasting pennit be considered and approved, the minimum conditions of
approval in addition to conditions per Ordinance No. 91-102 as amended are as follows:
A. Structure inventory/monitoring and applicable property owner release as required by
the Development Services Director.
B. Security bond applicable to private property damage acceptable to the County.
C. Control of size/depth/number of charges per blast by the Development Services
Director.
D. The right of the County to suspend and/or revoke blasting permit authority should it
be determined that blasting activities are creating unacceptable off-site conditions
either in tenns of private property damage and/or related physical .effects of blasting
operations.
7. No excavation permit shall be issued until receipt of a release from the Transportation
Services Administration applicable to proper mitigation of off-site impacts, meeting of
applicable provisions of Ordinance No. 93-64, Ordinance No. 92-22, and Ordinance No.
91-102 as amended.
Reference to letter of 5/24/88
Revised 1/13/98
Page Two of Two
· .
Agenda Item No. 7A
April 26, 2005
Page 140 of 164
PREPARED BY:
~It- ~~
CHAHRAM BADAMTCHIAN. Ph.D., AICP
PRINCIPAL PLANNER
] l, I 2( ~
DATE
NAL , ICP, MANAGER
RRENT PLANING SERVICES
\:l. \~. cV
DATE
RO~R'E. AI('~ DIRECTOR
PLANNING SERVICES
/1 "1'1 ""'t't)
DATE
APPROVED BY:
12"'r~ 0 (!;;,
N M. DUNNUCK III, INTERIM ADMINISTRATOR DATE"
MMUNITY D&VELOPMENT AND ENVIRONMENTAL SERVICES
Petition Number: CU-2000-16
Staff Report for January 4, 2000 CCPC meeting.
NOTE: This Petition has been tentatively scheduled for the February 13, 2001 Bee meeting.
COLLIER COUNTY PLANNING COMMISSION:
GARY WRAGE, CHAIRMAN
-6-
Agenda Item No. 7A
April 26, 2005
Page 141 of164
RESOLUTION 01-_
A RESOLUI10N PROVIDING FOR THE ESTABUSHMENT
OF EARTHMINING, CONDITIONAL USE 'T' OF THE "A"
ZONING DISTRIcr PURSUANT TO SECTION 2.2.2.3 OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE
FOR PROPERTY LOCATED IN SECTION 16, TOWNSHiP 50
SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and
Chapter 125, Florida Statutes, has confeITed 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 pUI1uant thereto has adopted a Land Development Code (Ordinance
No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the
zoning of particular geographic divisions of the County, among which is the granting of Conditional
Uses; and
WHEREAS, the Collier County Planning Commission, being the duly appointed and
constituted planning board for the area hereby affected, has held a public; bearing afternotice as in said
regulations made and provided, and ha.s considered the advisability of Conditional Use "I" of Section
2,2.2,3 in an "Au Zone for earthm.ining on the property hereinafter described, and has found as a matter
of fact (Exhibit "A") that satisfactory provision and mangement have been made concerning all
applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land
Development Code for the Collier County Planning Commission; and
WHEREAS, all interested partíes have been given opportunity to be heard by this Board in a
public meeting assembled and the Board having considered all matten presented.
NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of
Collier County, Florida that:
The petition filed by Jeff Davidson. P .E.. of Davidson Engineering, Inc.. representing Jesse
Hardy. with respect to the property hc:r~nafter described as:
..
NW 1,4 of Section 16, Township 50 South, Range 28 East, Collier County, F1orida.
be and the same ~s hereby approved for Conditional Use "1" of Section 2.2.2.3 of the "An Rural
Agricultural Zoning District for earthmining in accordance with the Conceptual Master Plan (Exhibit
"B") and subject to the following conditions:
Exhibit "C" which is attached hereto and incorporated by reference herein.
-1-
,.^.._--"'""~........_~.,
·
..
CU-2004-AR-S746
PROJECT # 2004040016
DA TE: 4/15/2004
FRED REISCHL
Agenda Item No. 7 A
April 26, 2005
Page 142 of 164
Item V.
ENVIRONMENTAL ADVISORY COUNCIL
STAFF REPORT
MEETING OF JANUARY 3. 2001
I. NAME OF PETITIONER/PROJECf:
Petition No.:
Conditional Use Petition No.
CU-2000-16
Commercial Excavation No. 59.764
Jesse Hardy Aquaculture Ponds
Jesse Hardy
Davidson Engineering, Inc.
Collier Environmental Consultants, Inc.
Petition Name:
Applicant/Developer:
Engineering Consultant: .
Environmental Consultant:
II. LOCATION:
The subject property is zoned agricultural and located in the "Hole-in-the-Donut"
within the Southern Golden Gate Estates. More specifically, the site is located
about two miles south of Interstate 1-75 and one and one quarter mile east of
Everglades Boulevard, in Section 16, Township 50 South, Range 28 East, Collier
County, Florida. The Fahka Union Canal borders the west side of the property.
Looking west at subject property from air, with Southern Golden Gate Estates in
background. The recent fire break made by the Division of Forestry is clearly
Agenda Item No. 7A
April 26, 2005
Page 143 of 164
EAC MeetiDg
Page 2 of 14
visible in this photograph. Photo taken by Marco Espinar, Collier Environmental
Consultants.
Looking south from the air, at the existing home site on the subject property. Area
to be excavated is in background and to the left of photograph. The Fahka Union
Canal is visible on the right. Photo taken by Marco Espinar, Collier
Environmental Consultants.
III, DESCRIPTION OF SURROUNDING PROPERTIES:
Surrounding properties are mostly undeveloped and zoned either Agricultural or
Estates. Some single-family residences and agricultural uses are present in the
Agricultural zoned lands in the "Hole-in-the-Donut". The Estate zoned lands all
appear to ~ undeveloped. .
ZONING
DESCRIPTION
N-
Agricultural
Forested Land with
One Existing
Home Site
S- Agri cui tural
E- Agricultural
w- Estates
Forested Land
Forested Land
Forested Land
IV.
PROJECT DESCRIPTION:
EAC Meeting
Agenda Item No. 7A
April 26, 2005
Page 144 of 164
Page 3 of 14
-- - -........--.
The applicant is requesting Conditional Use "1" of the "A" Agricultural zoning
district for an earth mining business. The site, which consists of 160 acres,
contains a residence and a small lake. The petitioner is proposing to cxcavate four
lakes with a combined area of 80.7 acres. The petitioner is proposing to excavate
the site to a maximum depth of 20 feet. Some blasting may be required as a part of
this earth mining activity. The petitioner indicates that they intend to excavate
approximately 1,785,667 Cubic yards of fill material. The applicant has also
indicated that they intend to excavate this site over a period of 30 years.
The access to the site will be provided via an existing driveway access located
along the west side of the property. The existing Hmerock road connects to Desoto
Boulevard, which connects to 52Dd Avenue N.E., which intersects with Everglades
Boulevard.
The lakes will be used as aquaculture ponds, which are pennitted principal uses
under the Land Development Code. The applicant is proposing to raise only native
species of fish.
V. GROWTH MANAGEMENT PLAN CONSISTENCY:
Future Land Use Element:
The subject property is located in the Rural AgriculturaJ area as shown on the
FLUE map of the GMP, and is within, the Natural Resource Protection Area
Overlay CNRP A). The AgriculturallRural designation is subject to the 6/22J99
Final Order from the Governor and Cabinet. - -
-.---------. ----
- "-'-'-- _.~---,.__._-~-_.. -~---""-~--'--'------"---~
The AgriculturallRural designation pemùts agricultural uses including aquaculture
and excavation/earth mining; the Final Order does not prohibit agriëùlturã1 uSes,
or earth mining in the j\gricultural/Rural designation. The NRPA Qverlax allows
agriculture and directly related uses; and, the Final Order provides that agriculture
and directly related uses are allowed within a NRP A. Excavation/earth mining is a
necessary component of the proposed aquaculture use.
It is staff's opinion that excavation/earth mining not directly relatcd to .an
agricultural use would not be allowed within a NRPA. The only way this petition
for an excavation could be deemed consistent with the FLUE is if the intended
and primary use is a bona fide agricultural use and the excavation is a directly
related use necessary in order to achieve the end use. This excavation activity will
take approximately 30 years to achieve. Due to the magnitude of this project,
which will include 30 years of earth mining, blasting and hauling the fill material
in excess of 1.75 million cubic yards on Southern Golden Gate Estates roads,
improvement to which are limited by policies contained within the Growth
EAC Meeting
Agenda Item No.7 A
April 26. 2005
Page 145 of 164
-
Page 4 of 14
Management Plan, staff is proposing a conditional approval for a period of 3
years. After the initial 3 years of activity, this operation will be evaluated by the
County to make sure that the principal use of aquaculture has commenced and the
activities occurring on site, including earthmining and hauling of fill material does
not negatively affect the neighboring properties, County roads, and the traffic in
the Estates district. After the first three years the Board of County Commissioners
may approve or deny any further earthmining activity on this project.
Conservation & Coastal Mana2ement Element:
Objective 2.2. of the Conservation and Coastal Management Element of the
Growth Management Plan states "All canals, rivers, and flow ways discharging
into estuaries shall meet all applicable federal, state, or local water quality
standards" .
To accomplish that, policy 2.2.2 states uln order to limit the specific and
cumulative impacts of stonnwater runoff, stonnwater systems should be designed
in such a way that discharged water does not degrade receiving waters and an
attempt is made to enhance the timing, quantity, and quality of fu;sh water
(discharge) to the estuarine system".
This project is consistent with the objectives of policy 2.2.2 in that it attempts to
mimic or enhance the quality and quantity of water leaving the site by utilizing
lakes and interconnected wetlands to provide water quality retention and peak
flow attenuation during stonn events.
Objective 6.4 states, .. A portion of each viable, naturally functioning non·wetland
native habitat shall be preserved or retained as appropriate".
Policy 6.4.7 states, "AIl other types of new development shall be required to
preserve an appropriate portion of the native vegetation on the site as detennined
through the County development review process. Preservation of different
contiguous habitats is to be encouraged. When several different native plant
communities exist on site, the development plans will reasonably attempt to
preserve examples of all of them if possible. However this policy shall not be
interpreted to allow development in wetlands, should the wetlands alone
constitute more than the portion of the site required to be preserved. Exceptions
shall be granted for parcels which can not reasonably accommodate both the
preservation area and the proposed activity".
The petition is consistent with Objective 6.4 in preserving 15% of the native
vegetation on site.
EAC Meeting
Agenda Item No.7 A
April 26, 2005
Page 146 of 164
Page 5 of 14
Objective 1.3 states, ''The purpose of Natural Resources ProtectionAreas will be
to protect endangered or potentially endangered species (as listed in current
"Official Lists of Endangered and Potentially Endangered Fauna and Flora in
Florida", published by the Florida Game and Fresh Water Fish Commission) and
their habitats,"
Policy 1.3.1(c) states, "Guidelines and standards for development of Natural
Resource Protection Areas (NRPAs) including conservation guidelines to protect
natural resource values, to maintain ecologically functioning systems, and to
restore or mitigate NRPAs already degraded";
Policy 1.3.1(d) states, "A review process, integrated into the normal development
application review, to ensure that the guidelines and standards are being met and,
in those cases where Environmental Impact Statements are prepared, that the site-
specific and cumulative environmental impacts of development are being
adequately assessed and addressed";
Policy 1.3.1(e) states, "A program to defer development of NRPAs. First
consideration should be fee simple purchase (based on public referenda approving
and funding purchases). Other options should include, but not be limited to, tax
incentives and transfer of development rights";
Objective 6.7 states, ''The County will protect, conserve and appropriately use
ecological communities shared with or tangential to State and Federal lands and
other local governments".
Objective 6.8 states, ''The County shall protect natural reservations from the
impact of sUITounding development".
Policy 6.8.1 states, "All requests for land development wi thin 1000 feet of natural
reservations shall be reviewed as part of the County's development review process
to insure no unacceptable impact to the natural reservation".
The subject property is designated AgriculturallRural (AgriculturallRural - Mixed
Use District) on the Future Land Use Map of the Growth Management Plan, and
is within the Natural Resource Protection Area Overlay (NRPA). The
Agricultura1/Rural designation is subject to the 6/22/99 Final Order from the
Governor and Cabinet. Pursuant to the order, within NaturaJ Resource Protection
Areas, only agricultural and directly-related uses and one single family dwelling
unit per parcel or lot created prior to June 22, 1999, shan be alÏowed.
Due to the magnitude of this project and the period of time it will take to excavate
the lakes, staff is proposing a Conditional Use approval for a period of 3 years.
After the initial 3 years of activity, this operation wì1l be evaluated by the County
EAC Meeting
Agenda Item No. 7A
April 26, 2005
Page 147 of 164
Page 6 of 14
to make sure that the principal use of aquaculture has commenced and. the
activities associated with the project do not significantly impact the sUITounding
environment. After the first three years the Board of County Commissioners, may
approve or deny any further earthmining activity on this property.
Clearing associated with this project wiU be done in phases with clearing for
subsequent phases not allowed until the previous phase is completed. This will
minimize the impact the excavation will have on the sUlTounding area. Dust
generated from trucks and other equipment, will be controlled by watering the
roads.
A copy of the Conditional Use site plan and Environmental Impact Statement
have been forwarded the State of Florida, Division of Forestry; Florida
Department of Environmental Protection, Division of State Lands; and South
Florida Water Management District, Big Cypress Basin, for their review and
comment. These agencies are responsible for the acquisition, management and
restoration of lands 'within the South Golden Gate Estates and adjoining
agricultural areas. Copies of letters received from those agencies which
responded. are included with this staff report.
The petitioner has received an offer from the State to purchase the propcrty in
March 1999, but does not wish to sell.
VI. MAJOR ISSUES:
Water Mana2ement:
The petitioner proposes to excavate four lakes totaling 80.7 acres on
approximately 160 acres of agriculturally zoned property. An estimated 1.8
milIion C.Y. of material will be removed from the 20-foot deep excavations and
hauled off-site to be used as fill.
Excavations generally shed less stormwater runof! than the use they replace,
which, in this case is undeveloped agricultural land. Site stabilization and
sediment control during excavation are always problems, but can be properly
managed if the excavator is conscientious.
The fill that will be generated by the excavations, if placed on the unexcavated
portion of the site would generate a mound over 25 ft. high. The mound would be
next to impossible' to irrigate, so nothing could be grown on it and it would
displace a large amount of area scheduled for preservation. The fill must be
removed from the site, which makes the project, by code, a Commercial
Excavation.
EAC Meeting
Agenda Item No. 7A
April 26, 2005
Page 148 of 164
Page 7 of 14
Since there is no large impervious area that is proposed for this site, the rate of
runoff that enters the lakes during stonn events will be only slightly higher than
before excavation due to the compaction of the ground and its subsequent
decrease in percolation ability.
Staff does not even really see the need for a discharge structure because the lake
level should always be lower than the sUlTOunding groundwater table level.
Naturally, all the rain that falls on a lake stays there. If one foot of water falls on a
lake, the lake will rise one foot. If the surrounding ground has 25% voids, that
same foot of rain will raise the groundwater table four feet, assuming 100%
percolation. The usual engineering assumption for pervious areas is a runoff of
20%, so that 80% percolates in.
This is, of course a simpJification, but accurate enough for our purposes.
En vironmental:
Site Descriotion:
The subject property is an undeveloped 160 acre parcel with an existing home site
in the north west portion of the property. Native plant associations on site include
cabbage palm, pine flatwoods and herbaceous (drained) marsh. Most of the
property is vegetated with native species.
FLUCFCS Code 428 - Cabbage Palm (foreground)
Agenda Item No.7 A
April 26. 2005
Page 149 of 164
EAC Meeting
Page 8 of 14
FLUCFCS Code 411 - Pine Flatwoods (background)
This site has been impacted both hydrologically and by fire. The drainage canal
along the western boundary has lowered the water table, thereby ìncreasing the
severity of fire in the area. Many of the slash pines not killed by previous fires
have now died due to the last fire. These dead pines are clearly visible on the
aerial photographs taken by the petitioner's environmental consultant. Over an,
existing native plant communities on site are slowly being taken over by cabbage
palms.
FLUCFCS Code 310 - HerbaceouslDrained Marsh (foreground)
FLUCFCS Code 428 - Cabbage Palm (background)
According to the most recent (1998) Soil Survey of Collier County, three soil.
types occur on the subject property. These are Hallandale Fine Sand (Soil Map
Unit #11), Riviera Fine Sand, LimestPne Substra~II;l(Soil Map Unit #1.8) and
Hallanda1e and Boca Fine Sand. Slough (Soil Map Unit 49). Most of the site
consists of Soil Map Unit #11, HaJlandale Fine Sand.. Hallandale and Boca Fine
Sand, Slough (Soil Map Unit 49) occurs along the southern boundary of the site,
while Riviera Fine Sand, Limestone Substratum (Soil Map Unit #18) is found
only in the north-west comer of the property. Soil Map Units #18 & 49 are listed
as hydric soils by the USDA, Natural Resources Conservation Service. Most of
the site, according to the survey, consists of non-hydric soils.
Also included in the Environmental Impact Statement (BIS) for the project, is
infonnation from the 1954 Soil Survey for Collier County, Florida. Soils
>..,,-----
EAC Meeting
Agenda Item No. 7 A
April 26, 2005
Page 150 of 164
Page 9 of 14
identified on the project site on this map consist of Broward-Ochopee cOlpplex
(Be), Cypress swamp (Ct) and Matmon loamy fine sand (Me). Descriptions of
each of these soils are provided in the EIS.
The petitioner dug a test hole on the subject propeny and found the site to consist
of surface rock averaging about 6 to 8 feet in thickness. The material excavated
from the pond can be seen in the picture below. Blasting in order to dig the test
hole occurred in 1997 and was permitted by the County.
Existing1est-holecmdfiU-pile-olnubjectpro~-· --
Wetlands:
No jurisdictional wetlands occur on the subject propeny, The site has been has
severely drained by the canal on the west side of the propeny. Cap rock is present
on the surface of the site, and swface water, if present, would hl;lve been in the
fonn of sheet flow across the site. There is little sign of standing water on the
property. Existing ground elevations are estimated to be approximately 4 feet
above the seasonal high water table.
Preservation ReQuirements:
The petitioner is proposing to preserve 24.8 acres (15.6%) of the native vegetation
on site in preserve area. This meets the 15% native vegetation retention
requirement in section 3.9.5.5.4 of the Land Development Code. Additional native
vegetation will also be preserved around the existing home site on the property.
EAC Meeting
Agenda Item No.7 A
April 26, 2005
Page 151 of 164
, .
Page 10 of 14
Listed SDecies:
A Threatened and Endangered Species Survey was conducted during the month of
September 2000. Focused searches were conducted over five days. Transects were
walked on straight compass bearings along a grid spaced at approximately 100
yards apart for the entire parcel. Other transects were primarily meandering
transects through areas of prime habitat. All transects were walked at varying
times from post-dawn & mid-day to pre-sunset hours.
Several species of plants (TilIandsia spp.) listed by governmental agencies were
found on the property during the transect surveys. None are considered-l'8æoEach
is listed by the State of Florida, primarily due to commercial reasons.
During the survey, one listed animal was found. An American alligator was
commonly seen utilizing the drain.age canal bordering the property. Other listed
species of wildlifecareJcnpwn to QCc,urin-,-thê gen~ral area, but were not observed
during the survey. They include the:following:
--_.~.."--- --_....~--_. .---...----.--.....-------'"
_.__."~_._-----..---_.._---_.. ._'"~._.__.-_._---_..-
,'- "-' "
Big Cypress fox sqUlITSls are known to use lJabaat stnular toJhos~m.ton.$Ue~
Observations were-keyed-unm'Ching for sigñš=Or-càtlfi)f1.tïese~ãñimais~:such-Bs
leaf nests in can<>p)' trees -Qf-the¥ncÛ¥e-chattering-of-.teIrltorial squlrretš::Nö
indi viduals were ~setv~dC~Uii~S th~~~~y; 1!()_~~'yer,J~!gJ2YP~S8· fo~~q!1~ls
are known to inhaoìt neíghboringareü:. r - -
Several individu~s~_~f_ FJ9ti:dEi~þ~~~_~ª-!~~nJc!entitleG-utili~e-=geneml
area (Florida Panther Habitat Preservation Plan, November 1993). Generally these
individuals have a large home range. No Florida panthers have been documented
on the subject property. The project will not prevent Florida panthers from
transversing the site.
This area is known to be inhabited by black bears. Special attention was given for
signs such as scrapes, tracts and scats from these animals. Nó individuals have
been documented on the project site. These animals also have a large home range.
This project wiJ) not prevented black bears from transversing the property.
Vll. RECOMMENDATIONS:
Staff recommends approval of Conditional Use Petition No. CU-2000-16 I
Commercial Excavation Permit No. 59.764 "Jesse Hardy Aquaculture Ponds"
with the following stipulations:
Water Mana2ement:
EAC Meeting
Agenda Item No.7 A
April 26, 2005
Page 152 of 164
Page 11 of 14
1. The petitioner must apply for a Vegetation Removal Pennit. Environmental
Staff shall perform a site visit to detemùne the need for an agricultural
clearing permit and to check for any listed species. No work shall be done
prior to that site visit.
2. The excavation will be limited to a bottom elevation of 20 ft. below
Original Grade.
3. No blasting will be permitted unless issued a separate pennit by CoUier
County Engineering Review Services.
4. A lake littoral zone equivalent to 10% of-the lake perimeter will-be planted
prior to final acceptance.
5. A 20-foot maintenance easement dedicated to Collier County shall be
provided around the perimeter of the lake.
6. Off-site removal of material shall be subject to "standard conditions'
imposed by the Transportation Services Division in the attached document·
dated May 24,1988:-·· --_.. ---~-
7. Approval ofthirExcavation--PenniC is-contingentl1ponClpprovatof~a-:-
Conditional Use for Earth mining by the Board of Zoning Appeals.
8. An exotic vegetation removal, monitoring and maintenance plan for the site,
shall be submitted to Planning Services Section staff for review and
approval prior to excavation work beginning on site.
Environmental:
1. Permits or letters of exemption from the U.S. Anny Corps of Engineers
(ACOE) and the South Florida Water Management District (SFWMD) shall
be presented prior to issuance of an agricultural clearing permit.
2. Clearing. shall be done in phases with agricultural clearing pennits issued
for one phase at a time. Agricultural clearing pennits for subsequent phases
shall not be issued until the previous phase (lake) is completed.
3. Trucks used to haul fiU from the site shall not be allowed to transport this
material down the Janes Memorial Scenic Drive.
4. Adequate dust control measures, including spraying water over all non-
paved road surfaces used by the trucks in conjunction with this earthmining
EAC Meeting
Agenda Item No. 7 A
April 26, 2005
Page 153 of 164
Page 12 of 14
activity, shall be employed by applicant. Failure to utilize adequate dust
control procedure shaH be sufficient cause to order cessation of the work.
5. This Conditional Use shall ex.pire 3 years after the date of issuance of the
Agricultural Clearing Pennit or upon completion of phase one, whichever
occurs first. Within the initial 3 year period, the applicant is required to
commence a bona fide aquaculture activity on the site, which shall occupy
all completed lakes. In order to continue the excavation, the applicant shall
request a new Conditional Use approval from the Board of Zoning Appeals.
--"'---'---
EAC Meeting
Agenda Item NO.7 A
April 26, 2005
Page 154 of 164
Page 13 of 14
PREPARED BY:
/J;Illj/î II
- /) {
'1/ ~,.:1
STAN C ow~, P.E.
SENIOR ENGINEER
15 ~~CJ:3
DATE
~
S1EPHEN lENBERGER
ENVIRONMENTAL SPECIAUST II
12/í~Aooø
DATE
REVIEWED BY:
~yU~ ~~~
CHAHRAM BADAMTCIflAN, Ph.D., AICP
PRINCIPAL PLANNER
¡ '2-, /1/, C:!:)O
DATE
~" ,./~.
... I . /
) ( I. I _\
V \ CA/h _J.,
FOR. THOMAS E. KUCK, P.
NGINEERING REVIEW MANAGER
/1
l £j Dee (X)
DATE
CP
G MANAGER
-O.\q·ðù
DATE
"
Agenda Item No. 7 A
April 26, 2005
Page 155 of 164
EAC Meeûng
Page 14 of 14
~~-~
013 RT J. MULHERE, AICP
PLANNING SERVICES DIRECTOR
l;¡ . \ q . 00
DATE
APPROVED BY:
\
J M. DUNNUCK, ill
CO.MM1JNITY
ADMINISTRATOR
\ '1...\ ~tc~
DA'IE
DEVELOPMENT & ENVIRONMENTAL SERVICES
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Agenda Item No.7 A
April 26, 2005
Page 156 of 164
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Agenda Item No.7 A
April 26, 2005
Page 164 of 164
From:
Sent:
To:
Subject:
Dianne M. Etienne [Dianne.Etienne@cierk.coUier.fI.us]
Friday, April 15, 2005 4:24 PM
BosiMichael
RE: Hardy Property transfer of title
Good afternoon,
The Collier County Clerk of Courts did receive a wire from the State Dept. of
Environmental Protection on April 14, 2005 in the amount of $4,950,000.00. This was in
accordance with a Stipulateâ Order of Taking and Final Judgment in reference to DEP vs
Hardy, case number 04-4194-CA, parcel number 000479560003.
If you need any further information, I can be reached at 239-732-2734,
Thank you,
Dianne Etienne
Assistant Fiscal Supervisor
-----Original Message-----
From: BosiMichael [mailto:MichaelBosi@colliergov.netJ
Sent: Friday, April 15, 2005 4:12 PM
To: Dianne M. Etienne
Subject: Hardy Property transfer of title
Hi Dianne,
This is Mike Bosi a principal planner with Zoning and Land Development at CDES on North
Horseshoe. I was hoping you could help me-out. Jessie Hardy has a conditional use
application appearing before the BCC on the 26th of this month, but as you are aware of,
Mr. Hardy has also been involved with a state of Florida Eminent Domain case, which was
settled on April 13th, 2005. Within the settlement agreement, point seven indicates that
the fee simple title to the property would pass to the state (board of trustees of
internal improvement trust fund) upon payment of established deposit. Chris Thornton, Mr.
Hardy's land use attorney indicated that he had been copied on an e-mail generated by
yourself that established that payment of the established deposit was made on 4-14-05.
Could you send conformation of this to myself. I need this conformation so CDES can
explore the legal parameters the conditional use application would be subject to if the
property has changed hands as indicated. I've attached the settlement agreement for your
convenience.
I appreciate your help and hope you have a good weekend,
Mike
«Hardy-taking.pdf»
1
Agenda Item No. 8A
April 26, 2005
Page 1 of 9
EXECUTIVE SUMMARY
Recommendation to approve a millage rate increase from 3 to 4 mil for the
Forest lakes Roadway and Drainage Municipal Services Taxing Unit
(MSTU).
OBJECTIVE: To obtain BCC approval to increase the current millage rate cap of
the Forest Lakes Roadway & Drainage MSTU from 3 to 4 mil.
CONSIDERATIONS: The Forest Lakes Roadway and Drainage MSTU was
created on December 10, 1991, via Ordinance No. 91-107, for the purpose of
providing and maintaining improved roadway-related drainage and roadway
restoration within the MSTU. The initial millage rate cap for the MSTU was 1 mil.
On May 14, 2002, upon recommendation of the MSTU Advisory Committee, the
BCC amended Ordinance No. 91-107 in order to increase the millage rate cap to
3 mil. The MSTU Advisory Committee is now recommending an increase to 4 mil
in order to fund additional roadway and drainage improvements within the MSTU.
The County Attorney's Office has prepared a proposed ordinance amending
Ordinance No. 91-107, as amended. This ordinance has also been advertised
for Public Hearing.
FISCAL IMPACT: The FY 05 taxable value was $146,511,287. One additional
mil would generate an additional $146,511 in tax revenue.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
associated with this Executive Summary.
RECOMMENDATION: That the BCC approve the proposed ordinance revising
Ordinance No. 91-107, as amended, increasing the millage rate cap from 3 mil to
4 mil for the Forest Lakes Roadway and Drainage MSTU.
PREPARED BY: Jeffrey A. Klatzkow, Assistant County Attorney
05-TRO-00070/6
Attachments: Ordinance 2005 - , Forest Lakes MSTU - Minutes 3-9-05
Aqenda Item No. 8A
. Aoril 26. 2005
. P'ge 2 of 9
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
3A
Meeting Date
Recommendation to approve i1 millage rat<: increase (rom::' to 4 mil for tile Fores.t Lakes
Roadway and Drainage Municipal Services Ta>:¡ng Uni!(MSTU)
4/26i2005 9:00:00 Ar...'
Prepared By
Dat~
hlfKlat2'.k:ow
^s~i$tant Count'! Altornf!Y
4i7J2005 5:00:27 PM
Coul1ty AttQmey
Couruy Attorney Office
Approved By
Sharou Newman
Accounting SupiOrvisor
D.¡¡t~
TTiJln$pOr~j(m Smv'j~~!'ii
ïnm~'1tI'1"'ti(ln Adminì$tnñi!)n
4J1Z12iJ05 5:07 PM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attome-y
County Attorney Office
4112/20055.:12 PM
Approved By
Norm E. Feder, AIC?
Transportation Divísion Administrntor
Oat.
Trll"~ I()rtìoft S1!'rvi(:~\;
rran!iþortt,tìon S ~rvicu~ Admit¡,
4.113;200$ 8:52 AM
Approved By
Dii\ne a. Flagg
[)ir~u;tl)r of AUemativn 'Jrunsport:<ttion
Mode!> ATM Director
Dat(~
Tran.s.portioll Services
AlternativE' Transportation Modes.
4/13/20059:04- AM
Approved By
P'lt Lehl1hard
EXer.:t tivl~ Sm:,etuty
D;~t~
Transportation Services
Trat,.s.portation SelVices Admin
4/13(200512:55 PM
Approved By
Val Prit!cc
ProJf!d Managcr
Date
Tran*:llortiot1 S!~.....ic~~!¡
Tr¡d1ic OþlHit1iol1s.i A TM
4/13120051:13 PM
Approved By
OMS Coordinator
Admìni~tra'Îve Assi!>tant
Date
County Managcr\; Offir.p.
O tIC(! ,")f Managenumt & Bod!JC'1
4113/20054:03 PM
Approved By
M¡ ~h,¡¡d Smykøw$k¡
Mmla~f(~m¢IH &. BUIJgøt Dìrl!!l;tlH
D;Jte
County Manager's Office
Offíc~ of Management & Budget
4I18!200510:45 AM
Approved Sy
Jam(':s V. Mudd
County Manager
Date
Board ()t COlltlty
Coml1li:;.sioners.
Counf)' Mat'l;Jgl!!r's CUke
411ðfZOQ5 3:44 PM
------
Agenda Item No. 8A
April 26, 2005
Page 3 of 9
ORDINANCE NO. 2005"_
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO.
91-107, AS AMENDED, WHICH CREATED THE FOREST LAKES
ROADWAY AND DRAINAGE MUNICIPAL SERVICE TAXING UNIT;
PROVIDING FOR AMENDMENT TO SECTION ONE TO EXPAND THE
PURPOSE OF THE UNIT AND TO INCREASE THE MILLAGE RATE
FROM 3 TO 4 MILS; PROVIDING FOR INCLUSION IN THE CODE OF
LA WS AND ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on December 10, 1991, the Board of County Commissioners adopted
Ordinance No. 91-107, the ordinance that created the Forest Lakes Roadway and Drainage
Municipal Service Taxing Unit; providing for its boundaries, purpose and taxing authority;
providing for its governing board and defining its powers and duties; providing for an advisory
committee and defining its duties and responsibilities; providing for an itemized budget;
providing for collection of taxes; providing for construction and severability; and providing for
an effective date; and
WHEREAS, the Board of County Commissioners, upon recommendation by the advisory
committee, desires to increase the millage rate from 3 mil to 4 mil and to empower the Unit to
purchase and install traffic control signage,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AMENDMENT TO SECTION ONE OF ORDINANCE NO. 91-107, AS
AMENDED.
Section One is amended to read as follows:
SECTION ONE: Forest Lakes Roadway and Drainage Municipal Service Taxing Unit
Created: Boundaries, Purpose, Taxing Authority.
1. There is hereby created the Forest Lakes Roadway and Drainage Municipal
Service Taxing Unit (hereinafter referred to as the "Unit") with boundaries described as follows,
to wit:
A tract of land in Section 14, Township 49 South, Range 25 East, Collier
County, Florida, described as follows:
Commencing at the Northwest comer of said Section 14, run S 00° 19' 00"
W along the West Jine of said Section 14 for 50.00 feet to the POINT OF
BEGINNING, said point being on the Southerly Right-of-way line of State
Road S-896 (Pine Ridge Road) and being the Northwestern most comer of
the Forest Lakes Homes as recorded in Plat Book 12, Pages 41-46 in the
public records of Collier County, Florida; thence run East, along said
I
Words Underlined are added; Words St-œel: Through are deleted,
Agenda Ilem No. 8A
April 26, 2005
Page 4 of 9
Right-of-way line for 1275.27 feet to a point on the Western Right-of-way
of Forest Lakes Boulevard; thence continuing along said Right-of-way of
SR S-896, East for 1,372.88 feet to the North IA comer of Section 14;
thence continuing along said Right-of"way N 89° 59' 40" E for 1,323.81
feet to a point on the East line of the Northwest lA of the Northeast Ij.¡ of
said Section 14 and being the eastern Right-of-way of Woodshire Lane;
thence leaving SR S-896 and run along the Eastern Right-of-way of
Woods hire Lane and the East line of the Northwest Ij.¡ of the Northeast Ij.¡
of said Section ]4, S 00° 04' 18" E for 749.54 feet to a point of curvature
of said road; thence leaving said road and continuing along said line, S 00°
04' 18" E for 512.50 feet to the Southeast corner of the Northwest IA of
the Northeast 1.4 of said Section 14; thence along the South line of the
Northwest 1.4 of the Northeast 1.4 S 89° 48' 47" W for 512.50 feet to a point
on the Southern Right-of-way of W oodshire Lane; thence continuing along
said line S 89° 48' 47" W for 811.38 feet to the North-South l/z line of said
Section 14; thence along the Eastern Right-of-way of Woodshire Lane and
the North-South \jz line S 00° l' 23" E for 2,508.87 feet to a point; thence
leaving said line S 89° 39' 24" W for 21.59 feet to a point, said point being
the Southeasterly most comer of Forest Lakes Homes as recorded in Plat
Book 12, Pages 41-46 in the public records of Collier County, Florida;
thence S 89° 39' 24" W for 476.79 feet to a point of curvature; thence
221.52 feet along the arc of a curve, concave to the Southeast, having a
radius of 667.29 feet and subtended by a chord having a length of 220.51
feet and bearing S 80° 08' 46.5" W to a point of tangency; thence S 70° 38'
09" W for 78.45 feet to a point of curvature; thence 990.66 feet along the
arc of a curve, concave to the Northeast, having a radius of 1,250.00 feet
and subtended by a chord having a length of 964.94 feet and bearing N 86°
39' 35.5" W to a point of reverse curvature; thence 829.00 feet along the
arc of a curve, concave to the South, having a radius of 900.00 feet and
subtended by a chord having a length of 800.00 feet and bearing S 89° 39'
24" W; thence S 89° 38' 30" W for 64.95 feet to a point on the West line of
Section ]4, said point being the Southwestern most comer of Forest Lakes
Homes subdivision; thence N 02° 15' 35" W along said West line for
1,195.80 feet to the West Ij.¡ corner of Section 14; thence continuing along
said West line N 00° 19' 00" E for 2,595,97 feet to the POINT OF
BEGINNING.
2. The Unit hereby created and established is for the purpose of providing. installin?
and maintaining improved roadway lighting, traffic control signage and devises. roadway-related
drainage and roadway restoration within the area of the Unit and to that end shal1 possess all the
powers to do al] things reasonably necessary in connection therewith. The initial improvements
hereunder shall be within that area depicted on Exhibit "A" attached hereto and shall include:
A. Complete restoration of roadway, including:
1. Existing road bed mixed in place.
2. Prime and cover.
3. 2" of asphalt pavement surlace course.
4. Installation of necessary drainage pipe.
B. Providing pump and force maìn for drawdown of lake surface and off-site
discharge to enable improved roadway drainage.
2
Words Underlined are added; Words Stmek Tkfl:J\:Igk are deleted.
Agenda Item No. 8A
April 26. 2005
Page 5 of 9
C. Maintenance of such improvements, as required.
Said Unit shall have the authority to levy ad valorem taxes as prescribed by law not to
ex.ceed tt-lr-ee (3) four (4) mil in anyone fiscal year.
SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
re-Iettered to accomplish such, and the word "ordinance" may be changed to "section,"
or any other appropriate word.
SECTION THREE: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall take effect upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County CoI11IIrissioners of Collier
County, Florida this
day of
,2005.
ATIEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By:
By:
DEPUTY CLERK
FRED W. COYLE, CHAIRMAN
3
Words Underlined are added; Words Struo!c TJUGligR are deleted.
Agenda Item No. 8A
April 26, 2005
Page 6 of 9
FOREST
LAKES
UOADWAY ANDDRAINAGEM.S.T.U.
ADVISORY COMMITTEE
2885 HORSESHOE DRIVE SOUTH
NAPLES, FL 34104
March 9. 2005
Minutes
I. The meeting was called to order by Bob Jones, Chairman, at 10:05 AM.
ll. ATTENDANCE:
Members: Bob Jones, Virginia Donavon, Roger Somerville, Bill Seabury
and Bob Cunningham (Excused)
County: Val Prince-Project Mgr., Tessie Sillery-MSTU Coordinator, Diane
Flagg-ATM
Others: Craig Pajer & Chris Breinling-Wilson Miller, Diane Schneider-
Manpower Services, and several residents (Sheet Attached)
m. APPROVAL OF MINUTES: February 9, 2005
Roger Somerville moved to approve the minutes as written with minor
corrections to be done by Sue. Second by Virginia Donavon. Carried
unanimously 3-0.
Mr. Bob Marshall addressed the Committee with 2 concerns. 1) Condition
of Woods hire Lane being a disgrace and in need of repair. The Fairways at
Emerald Greens, Emerald Greens and Woodshire Villas are part ofthe MSTU
in hopes of repairing Woodshire Lane. 2) The entrance to Woodshire Lane
along Pine Ridge Road - the County has removed a water meter leaving no
irrigation to water the plants in the entrance. The particular area was shown
on the map.
Bob Jones responded the MSTU decided to solve the flooding problems
before repairing the road. They are aware of the needed repairs and have a
Contractor to do them. (This is a priority and areas will be marked on
Monday-March 14, 2005)
Mr. Tom Zillges - Emerald Greens - mentioned they patched some of the
holes in the road themselves. Asked about the speed bumps.
Bob Jones responded the speed bumps will be removed. Lighting and stop
sign issues are also being addressed.
IV. APPROVAL OF AGENDA: Was not addressed.
V. TRANSPORTATION SERVICES REPORT
A. Budget - Tessie Sillery
1
Agenda Item No. 8A
April 26, 2005
Page 7 of 9
Budget sheets were distributed. (Attached) Tessie covered the
various line item expenses. Available funds to spend -
$104,344.11. She also covered the Reserve amounts. The
Committee could request $177,644.11 if needed. But would
require an Executive Summary to move the monies into another
account. The Revenue Sheet was covered with receipts thus far of
$399,347.84.
Bob Jones mentioned the need for two meetings a month to address their
concerns and projects on a timelier basis.
Bob Jones moved to hold two meetings in the month of March and April.
Second by Roger Somerville. Carried unanimously 3-0.
Tessie will set them up for the room and dates which will be held on Wednesdays.
VI. OLD BUSINESS
Bob Jones stated to remove the Sidewa1k/Pathways from the Agenda, as
sidewalks will not be done for a few years.
Diane mentioned the Pathways Committee identifies different projects in
which they receive State Funding for Sidewalks. They do not spend monies
on private roads.
Virginia asked about the process for the County to take over their roads.
Mr. Feder would need to be contacted and make the decision. The roads
would need to be brought up to County standards.
A. Update by Wilson-Miller - Craig Pajer
· Craig gave a brief report on the work being done at this time.
· Requested Kyle Construction to do additional work and explained
and showed the areas on the map.
· Discussed pricing a project on the Master Plan with running a pipe
from a swale into one of the lakes. The numbers in the Master
Plan were $30 per lineal foot and the price proposed now is $38
per foot. Would need a change order from Kyle Construction)
· Chris Breinling will be helping Craig with the Forest Lakes Master
Plan.
. Permit applications for outfall - abandon the pump station - almost
finished.
Bob Jones moved to approve the expenditure of $2,000 for the
permit application to South Florida Water Management. Second
by Virginia Donovan. Carried unanimously 3-0.
· Val addressed several pine trees in Virginia's area along with
stump removal. In the original plan they were instructed to work
around the pine trees, but now find the community has concerns of
the trees dying.
Diane Flagg asked if it was interfering with the project, of which
Craig stated it was not. There is a tree ordinance under the Land
Development Code and the community will need pennits for
removal of such trees. This is a separate issue and does not
involve the MSTU.
2
Agenda Item No. 8A
April 26, 2005
Page 8 of 9
1. Update on Bonding Issue - no report.
B. Sidewalks/Pathways Committee Report- Bob Cunningham
No report and to be removed from future Agendas.
C. Stop SignlForest Lakes Blvd. & Quail Forest- Val Prince
No Report
D. Stop SignlWoodshire Lane/entrance to Golf Course - Val Prince
No Report
VII. NEW BUSINESS
A. Ordinance Changes - Val Prince (Several handouts were distributed on
the Lighting issue and Ordinance changes) (Attached)
Lighting issue - John Mueller had provided infonnation on lighting. Val
covered a few details. In summary there are two different millage areas -
single family lights are being paid through cOWlty-wide lighting at a fixed
amoWlt and the others paid by the MSTU.
The MSTU is not paying for the outdoor lights forWoodshire. Val read a
letter from E. B. Simmonds. The usage of used poles and prices was
discussed. Tessie will set-up a meeting with Bob Tipton and Bob Jones for a
decision on the lighting project.
Ordinance Change - Jeff Klatzkow-Assistant Attorney - a draft of
Ordinance changes were discussed. Diane Flagg mentioned the COWlty
Attorney is concerned the Committee is requesting to add such projects as
sidewalks, traffic calming, watering facilities, planting and maintenance of
median stripes to the Ordinance. The MSTU is concerned of enough funds for
the projects on the Master Plan, and yet now asking for an Ordinance change
to add more projects. His recommendation is to leave the Ordinance alone
and take care of the stonn water issues and increase the millage. Then at a
later date, amend the Ordinance to include the other projects.
The original Ordinance is Road and Stonn Water. Bob Jones mentioned the
Attorney made some minor changes. He stated they are following the
Workshop decision which was to raise the millage 1 point. Then to check
their priorities. The extra millage will give them the monies to continue while
they are attempting to get the bond. The new Ordinance has that language.
He is in favor of accepting this.
Bob Jones moved to accept the new Ordinance without all the frills.
Without a second, the motion was not considered.
Discussion followed.
Bob Jones moved to accept the new Ordinance that has been amended
and stay focused on the Bond issue and the Master Plan.
Virginia stated she was in favor of the drainage being done before the roads
and the road project will be just the patching necessary. Bob Jones stated it
will also be to increase the millage by 1 point.
Diane Flagg stated the Ordinance will be advertised showing a 1 mil increase
for a total of 4 mils. It will then go to the Board of COWlty Commissioners for
3
Agenda Item No. 8A
April 26, 2005
Page 9 of 9
approval. Tessie will revise the Budget to reflect increased ad Valorem based
on BCC approva1.
The motion was seconded and approved unanimously 3-0.
Diane Flagg also mentioned they have $177,644 not committed to a project
She asked the Committee to look at the projects on the Master Plan and make
a decision to do some of them and commit to using some of those funds.
Val discussed a Maintenance Program and costs from Lake Doctors for
Woodshire Swales. This will be discussed at their next meeting in two weeks
and a vote from the Committee at that time.
VIII. PUBLIC COMMENTS
IX. There being no further business to come before the Committee, the
meeting was adjourned at 11 :55 AM.
The next meeting will be April 13, 10:00 A~l
Traffic Operations Conference Room
2885 Horseshoe Drive South
Nnples, FL 34104
4
Agenda Item No. 8C
April 26, 2005
Page 1 of 114
---
SUPPLEMENT AL EXECUTIVE SUMMARY
PUDZ-A-2004-AR-6142 Naples Syndications, LLC, represented by Karen Bishop ofPMS Inc. of
Naples, requesting a rezone from "PUD" to "PUD" Planned Unit Development known as Warm
Springs PUD by revising the PUD document and Master Plan by increasing the allowed dwelling
units by 290 units to a maximum of 540 units, a density increase from 2.1 units per acre to 4.52
units per acre; to show a name change from Nicaea Academy PUD; and reflect the PUD
ownership change. The property is located on the east side of Collier Boulevard, approximately
one mile south of Immokalee Road, in Section 26, Township 48 South, Range 26 East, Collier
County, Florida, consisting of 119± acres.
SUPPLEMENTAL ANALYSIS:
.-
At the February 22,2005 Board of County Commissioners (BCe) meeting, the BCC for a second time
heard the Warm Springs PUD rezone petition. The petition originally appeared before the BCC at the
January 11,2005 public hearing. At the February public hearing, before the BCC could make a motion
regarding the petition, the applicant requested a continuance of the petition. The continuance was
requested to allow the BCC to have their scheduled March 25, 2005 transportation concurrency
workshop before deciding on the petition. The BCC granted the petitioner the request based upon the
petitioner's amendment request is for additional units to an existing PUD served by Collier Boulevard
(CR 951), a road segment still with capacity based upon the concurrency management definitions, but
perceived by the general public as constrained. Based upon this request, the petition was continued to
the April 26, 2005 BCC hearing date. Naples Syndications, LLC has entered into a Developer
Commitment Agreement (DCA) with Collier County Transportation to address the transportation
improvements required for the development to go forward. Waterways Joint Venture IV, the
developers of the adjacent southern development, Bristol Pines, has also entered into a DCA with
Collier County Transportation. Both developments will utilize Tree Farm Road as their main access
point off Collier Boulevard, and the current DCA's specify the commitments required by each party.
Collier County Transportation is currently working with both developers to expand the scope of the
improvements related to the projects and a future loop road between Collier Boulevard and Immokalee
Road, but nothing to-date has been finalized.
The executive summary prepared for the January 11, 2005 BCC public hearing and the supplemental
executive summary prepared for the February 22, 2005 public hearing is attached with the full agenda
packet.
PREP ARED BY:
Mike Bosi, AICP, Principal Planner
Zoning and Land Development Review
.,-...
PUDZ-A-AR-6142
-."., "'---'.",~,,,,,,,",.....~.,"~,,,...;.",."
&tem Number
Item Summary
Meeting Date
Agenda Item No. BC
April 26. 2005
Page 2 of 114
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
8C
TiltS Item requires that all p~rticipanls be swom in and ex parte disclosure by provided by
Commission members. PUDZ·A~2004-AR-6142 Naples Syndications, LLC, represenled by
Karen Bishop of PMS inç, of Naples, requesting a rezone frol'l1 "PUD" to "PUO" Planned
Unit DeveJopment known as Warm Springs PUD by revising the PUD document and
Master PI<ln by increasing the al\owed dwelíing units by 290 units to a maximum of 540
,mits, it density increase from 2 1 Units per acre to 4,52 units per BCrf!; to show a name
change from MeRea Academy PUD. end ref!er;.i the PUD ownership change. The property
is located on the :!oasl side of Colher Boulevard, approximately one m¡)e south of
irnrnok.al~e Road. 111 Sedion 26, Township 48 South, Rar.ge 26 Ease Collier County
Flonda, conststing of 119± acres.
4/26"20059:00·00 AM
Prepared By
Principal Planner
41612.005 2:29:37 PM
Mike Basi, AICP
Community th'\lf!lopnrent &
EnvironmentalSi1'rviclJs
Date
Zoning & Land Development Review
Mike Bosi, AIC?
Princípal Planner
Date
Approved By
Community Development &
Environmental Services
ZtJljing ... L.nd Qe,velornnent Rp.yiew
4/6120052:18 PM
Date
Approved By
SilOdra lea
C()mmuni1y Dev~l(tplne-t)t &
Enyironnumt"IServi(:(!$
EXi'culivp. Sccr£\tary
CQrnmuflity Dt!velopnwnt &
En\f¡Hulln~t1till Sl~,vìl:lm Admin,
418/20058;55 AM
Ray Bellows
Chief Ph'lnl\er
Dat~
Approved By
Community Development &.
Environmental Servic(!s
Zon~ng & land Developnnmt Review
4/11/200510:21 AM
Susan MUHay, AICP
Zoning & Land Developmeot Dire-clDl"
D..te
Approved By
Community DevelDpment &
Environmental SQrvicl!''''
Zoning & Land Dt!'veloptnE!n1 Review
4/11/200510:43 AM
Donald L 51:011
lmnsportuhon Pla""jn~ Oiru(.1or
Oirte
Approved By
TransportiOt1 Servic.e.
Transportation Planning
4/t2:12005 , :23 PM
Nnrm E, Feder, AICP
r......nsJHIt1:ation Division Adlllinístr.ltor
Dutr.
Approved By
Transportion Services
Trall-spol1ation Services Admin,
4/13120052:08 PM
Joseph K. Schmitt
D.ate
Approved By
Community ()('cve-Ioprnent &
Envimnnwntal SNv~o;;es
Community Development &.
EnvironmentaJ Services Admínstrotor
CommufHty Development &.
EUl(irontnental Scrvicl!'li Adrnifl,
4/13/2005 2:'}.7 PM
Marjorie M. Student
As.sistant County Attorney
Date
Approved By
County Attorney
County Attomey Office
4ì1.(/2D05 9:55 AM
Admini$.tmtive A$si!;.t.mt
D¡de
Approved By
OMB CuoniÎn.¡ltor
County Manager'!'. Office
Office of Management & Budget
""14/200511:27 AM
Mark Isacksoo
Budg(!.\ Analyst
Date
Approved By
C(lunty Manager'¡; OftiClt
Offil:t~ of Man.agt!nll~nt & BudUltt
4/16/200612:04 PM
Michael Smykow.s-k¡
Management & Budg-et Director
Date
Approved By
County Manager's Office
Office or Managf:ol"Oent & Budget
4.117/200510:18 AM
Apprond By
J¡uneo¡; V. Mudd
BoaJd of County
Conll'oissioners-
County M'¡lrulgm
D~lte
County ManaQer's- Dfficè
4/1Si200S 2:59 PM
Agenda Item No. BC
April 26, 2005
Page 3 of 114
SUPPLEMENTAL EXECUTIVE SUMMARY
PUDZ-A-2004-AR-6142 Naples Syndications, LLC, represented by Karen Bishop ofPMS Inc. of
Naples, requesting a rezone from "PUD" to "PUD" Planned Unit Development known as Warm
Springs PUD by revising the PUD document and Master Plan by increasing the allowed dwelling
units by 290 units to a maximum of 540 units, a density increase from 2.1 units per acre to 4.52
units per acre; to show a name change from Nicaea Academy PUD; and reflect the PUD
ownership change. The property is located on the east side of Collier Boulevard, approximately
one mile south of Immokalee Road, in Section 26, Township 48 South, Range 26 East, Collier
County, Florida, consisting of 119± acres.
SUPPLEMENTAL ANALYSIS:
At the January 25, 2005 Board of County Commissioners (BCe) meeting, the BCC voted by
unanimous vote to reconsider the Warm Springs Planned Unit Development (PUD) amendment heard
at the January 11, 2005 BCC public hearing. At the January 11, 2005 public hearing, the Warm
Springs PUD amendment failed to gain a super majority vote necessary for approval of a POO.
Commissioner Coletta at the hearing made a motion to approve the Warm Springs PUD amendment
with the following conditions: 1) the applicant is authorized to construct a maximum of 525 dwelling
units 15 percent of which shall be affordable housing blended throughout the project (2) the applicant
shall dedicate an additional 50-feet of Right-of- Way on Massey Road without cost to the County or
impact fee credits gained by the applicant (3) no more than 50 percent of the project shall be built
before the completion of the CR951 widening project and the remainder after the completion of the
project (4) the PUD development standards shall be modified so that the 75-foot PUD boundary
setback is reduced to a 50-foot PUD boundary setback for the primary structure located at the
southeastern portion of the project. The motion failed to gain a super majority with an affirmative vote
of3 to 2.
The Executive Summary prepared for the January 11, 2005 BCC public hearing is attached with the
full agenda packet.
PREPARED BY:
Mike Bosi, AICP, Principal Planner
Zoning and Land Development Review
PUDZ-A-AR-6142
Agenda Item No. 8C
April 26, 2005
Page 4 of 114
EXECUTIVE SUMMARY
POOZ-A-2004-AR-6142 Naples Syndications, LLC, represented by Karen Bishop ofPMS Inc. of
Naples, requesting a rezone from "PUD" to "POO" Planned Unit Development known as Warm
Springs PUD by revising the PUD document and Master Plan by increasing the allowed dwelling
units by 290 units to a maximum of 540 units, a density increase from 2.1 units per acre to 4.52
units per acre; to show a name change from Nicaea Academy PUD; and reflect the POO
ownership change. The property is located on the east side of Collier Boulevard, approximately
one mile south of Immokalee Road, in Section 26, Township 48 South, Range 26 East, Collier
County, Florida, consisting of 119± acres.
OBJECTIVE:
To have the Board of County Commissioners determine whether the requested rezone is consistent
with the Collier County Growth Management Plan and Land Development Code and is in the best
interest of the community.
CONSIDERATIONS:
The petitioner proposes a PUD with a maximum of 540 residential dwelling units. The current PUD
zoning permits a variety of residential units and accessory uses customarily associated with residential
developments with a maximum of 250 dwelling units. The Nicaea Academy Planned Unit
Development (PUD) was originally approved by the Collier County Board of County Commissioners
(BCe) on August 1, 2000, and recorded through Ordinance Number 00-52, and amended on
November 18, 2003, and recorded through Ordinance Number 03-64. The application seeks to revise
the PUD document and Master Plan by increasing the allowed dwelling units by 290 units to a
maximum of 540 units, a density increase from 2.1 units per acre to 4.52 units per acre.
A portion of the project (40.7 acres) is within the Residential Density Band that surrounds the Activity
Center at the intersection of Collier Boulevard and Immokalee Road. The remainder of the project
(78.3 acres) is outside the Residential Density Band. The 540 dwelling units on 119 acres results in a
maximum gross density of 4.52 dwelling units per acre. The density rating system permits a maximum
of 598 dwelling units for the 119-acre site.
The Warm Springs PUD document has designated ten percent of the proposed units to be available
under the provisions and terms of the Collier County Affordable Housing program for moderate-
income owner occupied residences. Assuming that all 540 units are constructed, this will yield fifty-
four affordable housing units. The current Nicaea Academy PUD (Ordinance 2000-52) is being
repealed in its entirety and the petitioner has reformatted and rewritten the proposed PUD document.
The petitioner proposes to enter into a Developer contribution agreement (DCA) for the future construction of
Tree Fann Road. The DCA would provide the County with a minor collector foot print and establish the first leg
of a proposed loop road for the benefit of the County Transportation network. The Developer through this DCA
along with others interested parties will provide the funds necessary for the expansion of the bridge, roadway
Agenda Item No. BC
April 26, 2005
Page 5 of 114
construction and access improvements. This DCA is consistent with the intention of the donated 40' right-of-
way as outline in the original PUD. The petitioner agrees that access to the development will be off Tree Farm
Road.
FISCAL IMPACT:
The rezoning of this PUD by and of itself will have no fiscal impact on Collier County. There is no
guarantee that the project, at build out, will maximize its authorized level of development, however, if
the property is rezoned, a portion of the existing land will be developed and the new development will
result in an impact on Collier County public facilities.
The County collects impact fees prior to the issuance of building permits to help offset the impacts of
each new development on public facilities. These impact fees are used to fund projects identified in
the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted
Level of Services (LOS) for public facilities. Additionally, in order to meet the requirements of
concurrency management, the developer of every local development order approved by Collier County
is required to pay 50 percent of the estimated Transportation Impact Fees associated with the project.
Other fees collected prior to issuance of a building pennit include building permit review fees and
utility fees associated with connecting to the County's water and sewer system.
GROWTH MANAGEMENT IMPACT:
The subject property is designated Urban (Urban-Mixed Use District, Urban Residential Subdistrict),
and is partially within a Residential Density Band, as identified on the Future Land Use Map of the
Growth Management Plan. This Subdistrict penn its residential development at a base density of 4
dwelling units per acre and a maximum of 16 dwelling units per acre, subject to the Density Rating
System provisions; recreation and open space uses; and a variety of community facility uses.
The westerly side of the project has 40.7 acres located within the Residential Density Band around the
Immokalee Road/Collier Boulevard Activity Center and the remaining 78.3 acres of the project are
outside this Residential Density Band. The 540 proposed units and resultant density of 4.52 dwelling
units per acre are in compliance with the Future Land Use Element of the Growth Management Plan
based on the following relationships to required criteria:
40.7 acres within the Density Band at 7 dwelling units/acre = 285 dwelling units
78.3 acres outside the Densitv Band at 4 dwelling units/acre = 313 dwelling units
119 total acres = 598 dwelling units maximum at a density of 5.03 units/acre
Based upon the above analysis, staff concludes the proposed amendments can be deemed consistent
with the Future Land Use Element (FLUE).
ENVIRONMENT AL ISSUES:
Environmental Services staff has reviewed the petition and has incorporated safeguards within the
PUD document to ensure compliance with the environmental regulations. The Warm Springs PUD
document has been reviewed to ensure the most current environmental regulations have been
incorporated within the document. The PUD is governed by an existing South Florida Water
2
Agenda Item No. 8C
April 26, 2005
Page 6 of 114
Management District (SFWMD) Environmental Resource Permit (ERP) number 11-01973-P, and an
existing Army Corps of Engineers (ACOE) permit number 200001393.
ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION:
The Environmental Advisory Council did not hear this petition because an Environmental Impact
Statement was submitted and reviewed by County staff and the EAC with the original PUD petition in
2000. No additional environmental impacts are proposed.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
The Collier County Planning Commission heard this petition on December 16, 2004. The Commission
motioned to forward petition PUDZ-A-2004-AR-6142 with a recommendation of approval with the
following modifications to the PUD document:
· A reduction of the number of units from the 540 units proposed to 278 units, a density
reduction from 4.52 dwelling units per acre to 2.33 dwelling units per acre, with the retention
of the commitment for ten percent of the units to remain dedicated to affordable housing as
designated within section 5.12 of the PUD document.
· Increasing the setback required for a principal structure from the PUD boundary from 25 feet to
75 feet.
· The elimination of the word generally in section 2.2.a of the PUD document.
· Modification of Section 2.2.a. to allow for the Land Development Code regulations to control
when more restrictive.
· Elimination of note one from the development standards table that stated, "Sidewalks shall
generally be located between parking areas and buildings."
· Replace the final word of Section 4.2.b.2 with the word approval, rather than review.
· Create Section 5.13 to call out a requested deviation from Chapter 3.05.07 of the Land
Development Code to allow for site alteration within ten feet of a preserve area.
The motion passed by an eight to one margin.
LEGAL CONSIDERATIONS
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
determination by the Board of County Commissioners (BCe) must be based. The legal considerations
are reflected in the Collier County Planning Commission's evaluation of the listed criteria in Chapter
10.03.05 and Chapter 10.02.12 of the LDC. These evaluations are completed as separate documents
that have been incorporated into the attached staff report. A summary of the legal considerations and
findings are noted below:
· The proposed change has been deemed consistent with the goals, objectives, and policies and
Future Land Use Map and the applicable elements of the GMP.
· The proposed land uses are compatible with the existing land use pattern.
· The proposed change will not 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
3
Agenda Item No. BC
April 26, 2005
Page 7 of 114
development, or otherwise affect public safety. This project has also been deemed consistent
with Policy 5.1 and 5.2 of the Traffic Element of the GMP.
. The timing or sequence of development for the purpose of assuring the adequacy of available
improvements and facilities, both public and private, shall be provided.
STAFF RECOMMENDATION:
Staff recommends approval of Petition PUDZ-A-2004-AR-6l42 subject to the regulations contained in
the PUD document as modified by the Planning Commission's recommendation with the exception of
the density reduction and as otherwise described by the Ordinance of Adoption and Exhibits thereto.
PREPARED BY:
Mike Bosi, A1CP, Principal Planner
Zoning and Land Development Review
4
AGENDA ITEM 8-B
Agenda Item No. 8C
April 26, 2005
Page 8 of 114
Co.... County
- ~ -................-... --
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM~
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: DECEMBER 16, 2004
SUBJECT:' PETITION PUDZ-A-2004-AR-6142. WARM SPRINGS
AGENT/APPLICANT:
OWNER:
Naples Syndications. LLC
540 Myrtle Road
Naples, FL 34108
AGENT: Karen Bishop
PMS, Inc. of Naples
2335 Tamiami Trail N., Suite 408
Naples, FL 34103
REOUESTED ACTION: To have the Collier County Planning Commission (CCPC)
consider an application requesting a rezone from Planned Unit Development (PUD) to
Planned Unit Development (PUD) to be known as the Warm Springs PUD. The application
seeks to revise the PUD document and Master Plan by increasing the allowed dwelling units
by 290 units to a maximum of 540 units, a density increase from 2.1 units per acre to 4.52
units per acre; to show a name change from Nicaea Academy PUD; and reflect the PUD
ownership change.
GEOGRAPIUC LOCATION: The property is located on the east side of Collier
Boulevard approximately one mile south of Immokalee Road. The site consists of
approximately 119 acres, in Section 26, Township 48 South, Range 26 East, Collier County,
Florida. (See illustration on following page)
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Agenda Item No. BC
April 26, 2005
Page 12 of 114
PURPOSFJDESCRIPTION OF PROJECT:
The Nicaea Academy Planned Unit Development CPUD) was originally approved by the
Collier County Board of County Commissioners (BCC) on August 1, 2000, and recorded
through Ordinance Number 00-52, and amended on November 18, 2003, and recorded
through Ordinance Number 03-64. The petitioner proposes a PUD with a maximum of 540
residential dwelling units. The current zoning permits a variety of residential units and
accessory uses customarily associated with residential developments with a maximum of 250
dwelling units.
A portion of the project (40.7 acres) is within the Residential Density Band that surrounds the
Activity Center at the intersection of Collier Boulevard and Immokalee Road. The remainder
of the project (78.3 acres) is outside the Residential Density Band. The 540 dwelling units on
119 acres results in a maximum gross density of 4.52 dwelling units per acre. The density
rating system permits a maximum of 598 dwelling units for the 119-acre site.
The Warm Springs PUD document has designated ten percent of the proposed units to be
available under the provisions and terms of the Collier County Mfordable Housing program
for moderate-income owner occupied residences. Assuming that all 540 units are
constructed, this will yield fifty-four affordable housing units. The current Nicaea Academy
PUD (Ordinance 2000-52) is being repealed in its entirety and the petitioner has reformatted
and rewritten the proposed PUD document.
PUDA-04-AR-6142, WARM SPRINGS PUD 5
ou.__·· ,.____
Agenda Item No. BC
April 26, 2005
Page 13 of 114
SURROUNDING LAND USE AND ZONING:
Subject Parcel:
Surrounding:
North:
East:
West:
South:
The parcel is an undeveloped 119-acre site; zoned Nicaea Academy
PUD (2.1 units per acre).
Recreational vehicle park; zoned Crystal Lake POO (2.89 units per
acre) and several parcels along Acremaker Road, some undeveloped,
some developed with residential uses; zoned A.
Undeveloped land; zoned A, in a Rural Fringe Receiving Area.
Collier Boulevard ROW, across which aré multi-family residential
units; zoned Brittany Bay Apartments POO (8.16 units per acre).
Undeveloped land; zoned Bristol Pines POO (6.98 units per acre)
several parcels, some undeveloped, some developed with residential
uses; zoned A (Please note, several of these parcels have submitted a
rezone petition for the expansion of the Bristol Pines POO).
wq TERWAYS VILLA S
A
-B.t:VD~
VANDERBILT (X)UWRYCLUB -PUD
... I
DU/A = Dwellin~ Units per Acre
GROWTH MANAGEMENT PLAN CONSISTENCY:
The subject property is designated Urban (Urban-Mixed Use District, Urban Residential
Subdistrict), and is partially within a Residential Density Band, as identified on the Future
PUDA-04-AR-6142, WARM SPRINGS PUD 6
Agenda Item No. BC
April 26, 2005
Page 14of114
Land Use Map of the Growth Management Plan. This Subdistrict permits residential
development at a base density of 4 dwelling units per acre and a maximum of 16 dwelling
units per acre, subject to the Density Rating System provisions; recreation and open space
uses; and a variety of community facility uses.
The westerly side of the project has 40.7 acres located within the Residential Density Band
around the Irnmokalee Road/Collier Boulevard Activity Center and the remaining 78.3 acres
of the project are outside this Residential Density Band. The 540 proposed units and resultant
density of 4.52 dwelling units per acre are in compliance with the Future Land Use Element
of the Growth Management Plan based on the following relationships to required criteria:
40.7 acres within the Density Band at 7 dwelling units/acre = 285 dwelling units
78.3 acres outside the Density Band at 4 dwelling units/acre = 313 dwelling units
119 total acres = 598 dwelling units maximum at a density of 5.03 units/acre
Future Land Use Element: Based upon the above analysis, staff concludes the proposed
amendments can be deemed consistent with the Future Land Use Element (FLUE).
Transportation Element: Evaluation of this project took into account the requirement for
consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan
(GMP) and was found consistent with Policy 5.1. The consistency finding provides a
statement to the project, that when developed, it will not excessively increase traffic
congestion.
Open Space/Conservation: A minimum of sixty percent open space of the gross site area, as
described in Section 4.02.01 of the Land Development Code (LDC) and Policy 1.1.6 of the
GMP, will be required of the PUD. Section 3.5 of the Warm Springs PUD document
requires that the minimum of sixty percent open space be maintained for the project.
ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the
criteria on which a favorable determination must be based. These criteria are specifically
noted in Chapter 10.03.05 of the Land Development Code (LDC) and required staff
evaluation and comment. The Collier County Planning Commission (CCPC) also must utilize
these criteria as the basis for their recommendation to the Collier County Board of County
Commissioners (BCC). Appropriate evaluation of petitions for amendments to PUDs should
establish a factual basis for supportive action by appointed and elected decision-makers. Each
of the potential impacts or considerations identified during the staff review are listed under
each of the criteria noted and are summarized by staff, culminating in a determination of
compliance, non-compliance, or compliance with mitigation. These evaluations are
completed as separate documents and are attached to the staff report (See Exhibit "A" and
Exhibit "B").
PUDA-04-AR-6142, WARM SPRINGS PUD 7
Agenda Item No. BC
April 26, 2005
Page 15 of 114
Environmental Analysis: Environmental Services Staff has reviewed the petition and has
incorporated safeguards within the POO document to ensure compliance with the
environmental regulations. The Environmental Section (5.9), of the Warm Springs PUD
document has been revised through the amendment process to reflect the most current
environmental regulations.
Transportation Analysis: Transportation Department Staff has reviewed the petition and
notes the following: The POO document, in relation to the Transportation element, has been
updated to ensure all development within the Wann Springs POO will be subject to and
compliant with the policy contained within the Transportation sub-element of the Growth
Management Plan (GMP) and the regulatory fabric contained in the Land Development Code
(LDC). The Transportation Section (5.8), of the Warm Springs POO document, has been
revised through the amendment process to parallel the current LDC regulations.
Utility Issues: The Utilities Department Staff has reviewed the petition and notes the
following: water distribution, sewage collection and transmission, and interim water and/or
sewage treatment facilities to serve the project are to be designed, constructed, COIl'¥eyed,
owned and maintained in accordance with Collier County Ordinance No. 97-17, as amended,
and other applicable County rules and regulations.
Zoning: and Land Development Review Analysis:
As previously noted, the subject property is designated Urban (Urban-Mixed Use District,
Urban Residential Subdistrict), and is partially within a residential density band, as identified
on the Future Land Use Map of the Growth Management Plan. This Subdistrict pennits
residential development at a base density of 4 dwelling units per acre and a maximum of 16
dwelling units per acre, subject to the Density Rating System provisions; recreation and open
space uses and a variety of community facility uses. The proposed zoning action will provide
for a more consistent density pattern in the local area. Considering the availability of
community infrastructure and services, and the applicant's commitments in the POO
document, staff concludes that the proposed changes to the POO document are consistent
with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP).
In addition to an evaluation of the proposed rezoning action to the Comprehensive Planning
consistency review, an evaluation of the proposed action compared to existing land uses is
required. The discussion of the relationship to existing land uses concerns the compatibility
with the adjacent properties to the north, south, east, and west. The subject site is within a
half-llÙle of an Activity Center, which permits commercial zoning, and a maximum of
sixteen residential dwelling units per acre. The surrounding development, within one mile of
the Warm Springs PUD boundary, consists of a range of densities and dwelling types:
Crystal Lake PUD with Park Trailer and Recreational Vehicles at a density of 2.89 units per
acre, Brittany Bay POO with single and multi-family units at a density of 8.16 units per acre,
Bristol Pines POO with single family units at a density of 6.98 units per acre, Summit Place
PUD with single and multi-family units at a density of 4 units per acre, and Tuscany Cove
PUDA-04-AR-6142, WARM SPRINGS PUD 8
_ ~____u
Agenda Item No. BC
April 26, 2005
Page 16 of 114
PUD with multi-family units at a density of 10.25 units per acre. From review of the
surrounding development within the local area, a consistent pattern of dwelling type and
density cannot be established. Within one mile of the subject property, there is a 7.36 unit
per acre range in density within adjacent developments (Tuscany Cove @ 10.25 DU/A and
Crystal Lake @ 2.89 DU/A), with the other surrounding residential projects falling within the
range. One aspect of the development pattern of the area that is firmly established is the
location of the Activity Center that encompasses a portion of the Warm Springs PUD. It is
the location of this Activity Center to Warm Springs, and the commercial activity and higher
residential densities that Activity Centers contain, which inclines staff to conclude that the
proposed density would be compatible with the existing and future land use pattern of the
local area. Additionally, the Warm Springs PUD contains a requirement that 10 percent of
the authorized units be dedicated to affordable housing. It is staffs belief that the provision
of affordable housing by the PUD, in addition to the density compatibility, makes the
proposed amendment one that will not detract from the land use environment of the local
area, while providing a contribution to the affordable housing stock to the County.
NEIGHBORHOOD INFORMATION MEETING:
The petitioner held a Neighborhood Information Meeting on August 17,2004, at 5:30 p.m. at
Faith Community Church, 6455 Hidden Oaks Lane, Naples, FL. Approximately 12
individuals, including the applicant's team and county staff, attended the meeting. Of those
persons that spoke, most expressed no opposition to the proposed rezone request. Agent for
the applicant. Mr. Michael Fernandez of Planning Development Inc., made the following
statements during the presentation:
· A total of 598 units is to be developed.
· The units will be sold as "fee simple".
· 1 0% of those units are to be marketed as "moderate level affordable housing"
throughout the development.
· Direct access will be provided from Tree Farm Road.
· Sidewalks will be constructed on both sides of Tree Farm Road.
· Seventy-one of the 119.45 acres will be held in preserve status.
· Preliminary Site Development Plan currently under review
depicting three lakes, thirty 3-story condos of eighteen units each.
STAFF RECOMMENDATION:
That the Collier County Planning Commission (CCPe) forward a recommendation of
approval of Petition PUDZ-A-2004-AR-6142 that repeals Ordinance Number 03-64 as
described by the Ordinance of Adoption and exhibits thereto, the Warm Springs PUD
regulatory document, subject to the conditions of approval that have been incorporated in the
PUD document.
PUDA-04-AR-6142, WARM SPRINGS PUD 9
___ . __------.J
Agenda Item No. BC
April 26, 2005
Page 17 of 114
PREPARED BY:
~~~ f¡-2c(-Of.{
MIKE BOSI, AICP, PRINCIPAL PLANNER DATE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
REVIEWED BY:
~ ~ 12Nrx¡
RAY BEL WS, MANAGER DATE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
L J. J J Å Ju--. Cfn ..Ll .II 1\ ÁÁ-I 1 d.. /1 /0 "
ß~MVRAA--tA"i;;;.;~Rd~ DArn'
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
Tentatively scheduled for the January 11,2005 Board of County Comnùssioners Meeting
COLLIER COUNTY PLANNING COMMISSION:
RUSSELL A. BUDD, CHAIRMAN
PUDA-04-AR-6142, WARM SPRINGS PUD 10
Agenda Item No. BC
April 26, 2005
Page 18of114
POO FINDINGS
PETITION POOZ-A-2004-AR-6142
Chapter 10.02.12 of the Collier Cmmty Land Development Code requires that the report
and recommendations of the Planning Commission to the Board of County
Commissioners be supported by the following findings, where applicable:
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 PUD document give assurance that all infrastructure will be
developed consistent with County regulations. Any inadequacies, which require
supplementing the PUD document, will be recommended to the Board of County
Commissioners as conditions of approval by staff. Recommended mitigation
measures will assure compliance with Level of Service relationships as prescribed
by the Growth Management Plan. The Warm Springs PUD was found suitable for
the type and pattern of development in the area. The ability of the PUD and
neighboring future developments to use Tree Farm Road as a mutual access point
would ease the flow of traffic along Collier Boulevard.
2. Adequacy of evidence of unified control and suitability of any proposed
agreements, contract, or other instruments, or for amendments in those
proposed, particularly as they may relate to arrangements or provisions to be
made for the continuing operation and maintenance of such areas and
facilities that are not to be provided or maintained at public expense.
Documents submitted with the application provide evidence of unified control.
The PUD document makes appropriate provisions for continuing operation and
maintenance of common areas. .
3. Conformity of the proposed PUD with the goals, objectives and policies of the
Growth Management Plan.
Staff analysis indicates that the Warm Springs PUD is consistent with the goals,
objectives and policies of the Growth Management Plan. A more detailed
description of this conformity is addressed in the Staff Report.
4. The internal and external compatibility of the proposed uses, which
conditions may include restrictions on location of improvements, restrictions
on design, and buffering and screening requirements.
The PUD Master Plan has been designed to optimize internal land use
relationships through the use of various forms of open space separation (i.e.
EXHIBIT A
1
-------.--.-------
Agenda Item No. 8C
April 26. 2005
Page 19 of 114
preserves, lakes, golf course, etc.). External relationships are automatically
regulated by the Land Development Code to assure harmonious relationships
between projects. Staff analysis indicates that the Wann Springs PUD is
compatible, both internally and externally, with the proposed uses and with the
existing surrounding uses.
5. The adequacy of usable open space areas in existence and as proposed to
serve the development,
The existing PUD is undeveloped and therefore consists entirely of open space.
The proposed PUD will meet the LDC requirement for 60 percent open space in
residential developments.
6. The timing or sequence of development for the purpose of assuring the
adequacy of available improvements and facilities, both public and private.
Timing or sequence of development in light of concurrency requirements is not a
significant problem. The PUD is required to meet concurrency requirements at the
time of Site Development Plan approval.
7. The ability of the subject property and of surrounding areas to accommodate
expansion.
Ability to expand, 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 which is available to this site.
Infrastructure is in place in the vicinity and its adequacy will be determined at the
time of SDP approval.
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.
The proposed Warm Springs PUD conforms to PUD regulations or requests
deviations that staff analysis fmds justified.
EXHIBIT A
2
Agenda Item No. BC
April 26, 2005
Page 20 of 114
REZONE FINDINGS
PETITION PUDZ-A-2004-AR-6142
Chapter 10.03.05 of the Collier County Land Development Code requires that the report and
recommendations of the Planning Commission to the Board of County Commissioners shall
show that the Planning Commission has studied and considered the proposed change in relation
to the following, where applicable:
1. Whether the proposed change will be consistent with the goals, objectives, and
policies and Future Land Use Map and the elements of the Growth Management
Plan.
Staff analysis (see attached Staff Report) indicates that the proposed PUD is consistent
with the goals, objectives, and policies of the Future Land Use Map and the other
applicable elements of the Growth Management Plan.
2. The existing land use pattern;
The parcel is adjacent to residential uses on the north, west, and portions of the south.
Portions of the abutting ptoperties·to the south are agricult1.lral (however a rezone petition
has been submitted for the remaining adjoining south properties). The property to the
east is also agricultural. According to the Growth Management Plan, the proposed rezone
is consistent with the existing land use pattern.
3. The possible creation of an isolated district nnrelated to adjacent and nearby
districts;
The parcel is adj acent to residential and agricultural uses. Analysis of the surrounding
uses indicates that the PUD will not create an isolated, unrelated zoning district.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
Since the PUD is consistent with the Growth Management Plan, the district boundaries
are logically drawn. The current district boundaries are logically drawn, since they are
consistent with the Growth Management Plan.
5. Whether changed or changing conditions make the passage of the proposed
amendment necessary.
The condition that permits the subject property a higher residential density has not
changed. The petitioner feels that implementation of the concurrency management
EXHIBIT B
1
Agenda Item No. 8C
April 26, 2005
Page 21 of 114
system will allow the residential density prescribed to the PUD to better align with that
allocated by the GMP.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood;
The parcel is surrounded by existing residential uses, or agricultural lands eligible for
rezoning to residential. The proposed amendment will not adversely affect living
conditions in the neighborhood.
7. Whether the proposed change will create or excessively increase traffic congestion
or create types of traffic deemed incompatible with surrounding land uses, because
of peak volumes or projected types of vehicular traffic, including activity during
construction phases of the development, or otherwise affect public safety.
Analysis by the Transportation Services Division has determined that the proposed PUD
will not increase traffic congestion :trom that generated by the PUD which is currently
approved, or create types of traffic deemed incompatible with surrounding land uses. The
proposed amendment will not increase traffic congestion or create types of traffic deemed
incompatible with surrounding land uses.
8. Whether the proposed change will create a drainage problem;
The project will be required to obtain a permit :trom the South Florida Water
Management District. Drainage problems should not be created when construction is
done in accordance with the pennit. The project will be required to obtain a permit :trom
the South Florida Water Management District. Drainage problems should not be created
when construction is done in accordance with the permit.
9. Whether the proposed change will seriously reduce light and air to adjacent areas;
The proposed land uses will be required to meet building setbacks and height restrictions.
All projects in Collier County are subject to the development standards of the zoning
district in which they are located.
10. Whether the proposed change will adversely affect property values in the adjacent
area;
This site is adjacent to other residential uses. The density associated with the petition is
consistent with the density permitted within the surround developments. Within this
petition, an appraisal of estimated future property values resulting :trom a rezone was not
required.
11. Whether the proposed change will be a deterrent to the improvement or
development of adjacent property in accordance with existing regulations;
EXHIBIT B
2
Agenda Item No. 8C
April 26, 2005
Page 22 of 114
The development of adjacent properties in accordance with existing regulations will not
be affected.
12. Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasting with the public welfare;
Since the proposed PUD has been found to be in compliance with the Growth
Management Plan, the proposed change will not constitute a grant of special privilege.
13. Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning;
The property today could be used for to construct a smaller number of residential
dwelling units, as allocated within the existing Nicaea PUD document. However, the
Growth Management Plan, with the presence of the residential density band covering a
portion of the subject property, pennits a higher density than currently allocated.
14. Whether the change suggested is out of scale with the needs of the neighborhood or
the County;
The change is consistent with the Growth Management Plan. Since the proposed PUD
complies with the Growth Management Plan, it is not out of scale with the needs of the
neighborhood or County.
15. Whether is it impossible to find other adequate sites in the County for the proposed
use in districts already permitting such use.
There are many similar parcels in the County. The petitioner wishes to construct
residential uses on this parcel.
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.
While site conditions may restrict the location and square-footage of the buildings, they
would not render the property unusable.
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.
EXHIBIT B
3
.._J
- -- - - -
Agenda Item No. 8C
April 26, 2005
Page 23 of 114
The rezoning of this property will eventually result in the creation of a residential
development. The Site Development Plan or Plat will be reviewed for compliance with
the Levels of Service required for public facilities in the area.
EXHIBIT B
4
._-_.__.~.... ._-- -.-..
Agenda Item No. BC
April 26, 2005
Page 24 of 114
p
APPLICATION FOR PUBLIC HEARING FOR:
OPUD REZONE (PUDZ)
~PUD TO PUD REZONE (PUDZ-A)
Petition No.:
Planner Assigned:
Date Received:
Commission District:
ABOVE TO BE COMPLETED BY STAFF
1 . General Information:
~ame of Applicant(s) Naples Syndications. LLC
Applicant's Mailing Address 540 Mvrtle Road
City Naples
State
FL
Zip 34108
Applicant's Telephone # 516-938-1828
Fax # 516-938-0546
Applicant's E-Mail Address: RobertOObobsine:er.com
Name of Agent Karen Bishop
Finn PMS. IDe. of Naples
Agent's Mailing Address 2335 Tamiami Trail N. #408
City Naples
State FL
Zip 34103
Agent's Telephone # 239-435-9080
Fax # 239-435-9082
Agent's E-Mail Address:
karenbishop(a)pmsnaples.com
COLLIER COUNTY COMMUNITY DEVELOPMENT
DEPARTMENT OF WNING AND LAND DEVELOPMENT REVIEW
2800 N. HORSESHOE DRIVE-NAPLES, FL 34104
PHONE (941) 403-24001FAX (941) 643-6968
Aoolication For Public Reuin!! For PUD Rezone 6/14104
Agenda Item No. 8C
April 26, 2005
Page 25 of 114
Complete the following for all Associaûon(s) affiliated with this petition. (Provide additional sheets
if necessary)
Name of Homeowner Association:
Mailing Address
City
State _ Zip
Name of Homeowner Association:
Mailing Address
City
State _ Zip
Name of Homeowner Association:
Mailing Address
City
State _ Zip
Name of Master Association:
Mailing Address
City
State _ Zip
Name of Civic Association:
Mailing Address
City
State _ Zip
2 _ Disclosure of Interest Information:
8. If the property is owned fee simple by an INDNIDUAL, 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
111 +/- Acres:
Barton and Wendy L. McIntvre
Percentage of Ownership
100% bv the entirety
8 +/- Acres:
Joseph Mal!dalener
1000/0
119 +/- Acres: Total Parcel
ÁDøliutiou For 'lIblk Hearilll! For PUD Rezone 8/29/03
Agenda Item No. BC
April 26, 2005
b. If the property is owned by a CORPORATION, list the officers and stockholde~iiiJfhcg 114
percentage of stock owned by each.
Name and Address, and Office
Percentage of Stock
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
d. If the property is in the name of a GENERAL or LIMITED P AR1NERSHIP, list the
name of the general and/or limited partners.
Name and Address
Percentage of Ownership
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a
Corporation, Trustee, or a Partnership, list the names of the contract purchasers below,
including the officers, stockholders, beneficiaries, or partners.
Name and Address
Perœntage of Ownership
NaDles Syndications. LLC
Robert SintIer. Mana tIer
Linda SintIer. ManatIer I Member
Amir Chaluta. Member
Ben Rasabi. Member·
Sere:e Hovda. Member
Steve Rasabi. Member
000/0
250'"
20%
20%
10%
25%
Date of Contract: 1121/04
ADøUcado. For Public HtllfilU! For PUD R_ 8119103
f.
Agenda Item No. 8C
April 26, 2005
Page 27 of 114
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 (N/A) leased (N/A ):_Term oflease N/A vrsJmos.
It: Petitioner bas øptÏoa. to buy, iBðieøte date of option: Petitioner has a contract /
aBeement for deed dated 1121104 and date option
terminAtes: , or anticipated closing date 12129104
h. Should.any changes of ownership or changes in contracts for purchase occur subsequent
to the date of application, but prior to the date oftbe final public
hearing, it is ~e responsibility of the applicant, or agent on his Dehalf: to submit
a supplemental disclosure of interest form.
3. Detailed le2a1 descrÎDôon of the proøertv covered bv the aODlicaüon: (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 smvey may be
required.
Section: 26
Township: 48 S
Range: 26 E
Lot:
Block:
Subdivision:
Plat Book_ Page #:
Property I.D.#: 00192960003
Legal Description:
The subject property being 119± aeres is fully described as the South % of the South % of
the South ~ less the west 100 feet thereof; and the South % of the North yz of the South %
of the South % less the west 100 feet ~ereof; an in Secüon 26, Township 48 South, Range
26 East, Collier County, Florida_
4 . Size of property: 1004 +1- ft. X 5163 +/- ft. = Total Sq. Ft. 5.183.640 +/- Acres 119 ±
ADDlløtiol1 For P.blic Hearilll!: For PUD Rezone 8f291U3
Agenda Item No. 8C
April 26, 2005
Page 28 of 114
5. Addressle:enerallocation of subied property:
East side of Collier Boulevard. approximatelY one mile south of Immokalee Rd,
Collier County. Florida
6.
POO Distrid (LDC 2.2.20.4):
X Residential 0 Community Facilities
D Commercial 0 Industrial
7. Adiacent zonint!: and land use:
Zoning
Land use
N PUD Crvstal Lake RV Park
S AlPOOIPU Vaeant I Bristol Pines POO I Provisional Use
E AlCU Calusa Pines
W ROW Collier Boulevard (CR 951)
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). NI A .
Section:
Township: Range~
Lot:
Block: Subdivision:
Plat Book_ Page #:
Property I.D.#:
Metes & Bounds Description:
8. Rezone ReQuest: This application is requesting a rezone iÌ'Om the PUD
zoning district(s) to the POO zoning district(s).
Present Use of the Property:
Vacant
Proposed Use (or range of uses) of the property:
Residential
Original PUD Name: Nicaea Academv POO - 1 UI8103
Original PUD Name: Nicaea Academv POO - 08/01/00
(Conies of both ordinances provided)
Ordinance No.:· 2003-Ci4
Ordinance No.: 2000-52
AlllllÎelltioa For Public Hetarilll! For roo Rezone smlÐ~
~,-__ "'<J!I'" W
9.
Agenda Item No. BC
April 26. 2005
Page 29 of 114
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 assòciation 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. .
N/A
,
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? CCBOCC Nicaea Academv roo - 11/18103
Aoolicatio. For hblic RearilH!' For PUD Ilezoat 8I29J03
ltJaGm
Agenda Item No. BC
. Apri! 26,2005
Page 30 of 114
TRAFFIC IMPACT STATEMENT
FOR
WARM SPRINGS
RESIDENTIAL COMMUNITY
(pROJECT NO, 040805)
PREPARED BY:
Metro Transportation Group, Inc.
12651 McGregor Boulevard, Suite 4-403
Fort Myers, Florida 33919-4489
239-278-3090
August 24, 2004
eid C.Fellows, P.E.
Lice"fltM1673
(bå~·
Agenda Item No. BC
April 26, 2005
Page 31 of 114
CONTENTS
1. INTRODUCTION
II. EXISTING CONDITIONS
III. PROPOSED DEVELOPMENT
IV.' TRIP GENERATION
v! TRIP DISTRIBUTION
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VI. FUTURE 1RAFFIC CONDITIONS
VII. . PROJECTED LEVEL OF SERVICE AND IMPROVEMENTS
. VIII. CONCLUSION
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Agenda item No. BC
April 26, 2005
Page 32 of 114 .
I. INTRODUCTION
Metro T~portation Group, hie. (Metro) has conducted a traffic impact statement for
the proposed 119.45-acre Warm Springs Residential CoInmunity. The site is located on
. the east side of Collier Boulevard at the northeast comer of its intersection With the future
Tree Farm Road in Collier Coimty, Florida. ~e site locati(m is ilhistrated on Figure 1.
The proposed Warm Springs Residential Community will. allow for the development of
approxinìatèly 540 multi-family residential dwelling units. Access to the site will be
provided via two acceSs points to the future Tree Farm Road.
This report examines the impact of the development on the surrounding ro~ways and
intersections. Trip generation and assigniDents to the vario~ site access drives will be
còmplèted and analysis conducted to determine the impacts of the development on the
surrounding intersections.
u. EXISTING CONDITIONS
The subject site is currently vacant. The site is bordered to the south by Tree Farm Road.
To the west, the site is bordered by Collier Boulevard. To the north, the site is borderec:l
by the existing Crystal Lake Recreatioi1~ Vebicle Resort. To the east, the proposed
development is bordered by vacant agricultural parCels of land. .
. .
Collier Boulevard·· is a two~lane arterial roadway i~ the vicînit): of the subJect ·site.
. Collier Boulevard has a p~sted speed limit of 55 mph and ~s under the j1l!Ì"sdiction of
Collier County. The· 2003 Collier County Annual Update Inventory Report (AUIR)
. indicates the six laning of Collier Boulevard along the frontage· of the subject site to
occUr in Fiscal Year 2005. This Üì1þfOvement was accounted for in the an8Iysis
.. .
performed in· this report for the buïid-out 0.£ the site.
Immokale~ Road is a fom-Iàne arterial roadway to. the west of Collier Boulevard and a .
two-lane roadway to the east of Collier Boulevard. The above mentioned Collier éounty
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(m:r::a D~ PROJECT LOCATION MAP
L~~...}···~ WARM SPRINGS RESIDENTIAL COMMUNITY Figure 1
((ü3fiID)
AUIR indicates the six-Ianing of Immokalee Road to the west of Collier Boulevard by
, '
Fiscal Year 2006. In addition, construction is currently underway on the six-Ianing of the
existing two-lane segment of Immokalee Road to the east of Collier Boulevard. These
roadway4nprovements were accounted for as a part of this analysis.
Agenda Item No, BC
April 26, 2005
Page. 34 of 114
ID. PROPOSED DEVELOPMENT
The proposed re;..zoning of the subject site will allow for the development of the Warm
Springs Residential Community to COnsIst of approximately 540 multi-family ownership
dwelling units within Collier County. Table 1 summarizes the land use utilized for trip
generation purposes for the subject development.
.
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Ta~le 1
Warm Springs Residential Community
Land Uses
..c:'.;'.....îM,:p~"/::¡;;:·:, {'. :'·>~!<;\!Sie~t"
Multi-Family . 540 dwelling units
LUC 230
Access to tbe subject site is proposed via two aCcess locations to Tree Farm Road. The
two aècess points will consist of a right out only access approximately'700 feet to the east
of Collier Boulevard 'and a full access -approximately one half mile to the east of Collier
Boulevard on Tree FarÌn Road. Thè development. traffic can proceed west to Collier'
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Boulevard where full tùrriing movements will be allowed.
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IV. TRIP GENERATION
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The trip generation for the proposed development was determined by referencing the
~titute of Transpo.rtation Engineer's (ITE) rewrt, titled Trip Ge~erøtion~ 7th Edition.
tnp generåtion calculations were performed fòr the development based. on the propose~
540 multi-f~ly dwelling units. Land Use Code 230 (Residential Condominimnl
Townhouse) was utilized for trip generation purposes. The' equatioDs for this land use· ~
contained in the Àppendix of this report for reference. Table 2 çmtlines the anticipated
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Agenda Item No. 8C
April 26, 2005
Page 35 of 114
weekday A.M. and P.M. peak hour trip generation of the proposed re-zoning of the Warm
Springs Residential Community. The daily trip generation is also indicated within Table
2.
Table 2
Trip Generation
Warm SpriD2s Residential Community
-- .::./, ;~"-':\:. ;f\:·,:,:'-·~· "-:" .<. >~:-_. ''>',~;~~ :.~-,,'~:W;éêkâá--fA.Mj~P~·Bour~~ ..··iWêèkü tÊlmp._)JØüf -~,.
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Multi-Family 3 5 1 65 200 I 60 80 240 2,690
(540 dwel1ìn2 units)
v. TRIP DISTRIBUTION
, '
The trips shown in Table 2 were then assigned to the surrounding roadway system based
on the anticipated routes the drivers will utilize to approach the site. The driveway
volumes shown in Table 2 were assigned to the proposed site access drives. The project
distribution utilized for the Bristol Pines RPUD at the southeast comer of the Collier
Boulevardrrree Fatm Road intersection was utilized for this TIS as well. The project -
distribution for the proposed development rezoning is indicated in Figure 2. Based on
the traffic distribution indicat~ within Figure 2, the project tÌaffic was distributed to the
projects' access points., Figure 3 indicates the site traffic assignment of the Wann
Springs Residential Community based ~n the proposed access locations to Tree Fann
Road.
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In order to determine whiçh roadway segments surrounding the site wnl be significantly
, '
impacted, Table lA, contained in the Appendix. was created. This table indicates the-
impact percentages on the area roadway network. In accordance with the Significance
. Test from Collier County ,Ordinance 3.15.6.4.3, the development traffic was compared to
the Level of Service Standard for Peak Hour - Peak Direction t:ráffic conditions as·
defined by the latest concurrency data within the updated 2003 Collier County
Concurrency Spreadsheet provided by the Collier County TrànsportationPlanning
Departmertt. The Level of Service threshold vol~es were obtained from 'the Colliet
County ART ~PLAN Level of Service Spreadsheets and the 2002 ¡;nOT Level of Service
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IMMOKALEE ROAD
+50%+
10
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+
+
30%
+
VANDERBILT BEACH ROAD
+15%+
LEGEND
+200/0+ PERCENT DISTRIBUTION
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SITE
ROAD
a +
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ffi GOLDEN GATE BLVD.
:J +
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PROJECT TRAFFIC DISTRIBUTION
WARM SPRINGS RESIDENTIAL COMMUNITY
Figure 2
gen a em o.
April ~, 2005
P*14
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N.T.S.
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+ 000 WEEK DAY AM PEAK HOUR TRAFFIC
+(000) WEEK DAY PM PEAK HOUR TRAFFIC
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SITE TRAFFIC ASSIGNMENT
WARM SPRINGS RESIDENTIAL COMMUNITY
Figure 3
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Handbook - Generalized Peak Hour Peak Directional Volumes for Florida's Areas
Agenda Item No, BC
April 26', 2005
Page 38 of 114
Transitioning into Urbanized Areas.. Th~ FDOT Level of Service Handbook was
reviewed due to the proposed roadway improvements included within this analysis. A
copy of the Level of Service Handbook volumes is included within the Appendix of this
report. Table 3 indicates the adoptèd Level of Service Standard for the sUITOundiÏ1g
roadways.
Immokalee Rd . Tree Farm Rd
Tree Farm Rd Vanderbilt Beach Rd
Collier Boulevard
Vanderbilt Beach Rd Golden Gate Blvd
~ Golden Gate Blvd Pine Ridge'Rd
1-75 Coliier Blvd
lnÌmokalee Road
Collier Blvd Oil Well Rd
Vanderbilt Beach Rd Logan Blvd Collier Blvd
VI. FU1iJRE TRAFFIC CONDITIONS
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It was ass~~ that the proposed Warm Springs'Residential commimity would be
completed by the year 2009.' The 2009 background traffic volumes were calculated by
increasing the'e~isting tràffic volumes from the, most recent 2003 CollierCoun~
'Roadway Concurrency Spreadsheet by the 'appropriate . ~ua1. growth rate .f~r the
roadway link. . The annual growth rate for each roadway link. was taken from the Collier
County 2003 Average Daily Traffic Report. Table 2A in the Appendix of the report
indicates the 2009 peak hom, peak direction backgroun~ traffic volumes for the roadway
links that are significantly impacted as a result of the proposed Warm Springs Residential
Community. Table 4 indicates the percent impact to the adopted Level of Service for
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each link within the study'area. As can be seen in Table 4, the only roadway link that
will be significantly impacted is Collier Boulevard to the north of Tree Farm Road.
Agenda Item No. BC
April 26, 2005
Page 39 of114
Table 4
Warm Springs Residential Community
Collier Boulevard
. ....~:-~~~1f.'1!o/G.'~,'..,
1.8%
1.8%
1.1%
2.5%
0.6%
0.9%
Immokalee Rd
Vanderbilt Beach Rd
'Based on the project distribution shown in Figure 2, the significantly impacted links were'
analyzed for the' build-out traffic conditions of the Warm Springs Residential Community
both with and without the development traffic. Figure 4 indicates the year 2009 peak
hour - peak direction traffic volumes and Level of Service for the various roadway links
within the study area based on the traffic projections for the proposed Warm Springs
. .
Residential Community. Noted on Figure 4 is the peak hour - peak direction volwoe'and
Level of Service of each link should no development occur on the subject site and the
peak hour - peak direction volume and Level of Service for the weekday A.M. and P.M.
peak hours with the development traffic added to the roadways.
VII.' PROJECTED LEVEL OF SERVICE AND IMPROVEMENTS
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Figûre 4 details the Level of Service for allliilks ÌÍ1Side the project's area, of infhiencé.
, '
These Levels of Service were derived based on the Level of Service thresholds ìndicated
within the Collier. County ART-PLAN Level 'of Service S~readsheets äiJ.d the 2002'
FDOT Level of Service Handbook as previously indicated. Table lA in the Appendix
details the calculations to determine the Level of Service on the analyzed links based on .
the build-out traffic conditions of the Warm Springs Residential Community.
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1,118 - "B"
(1,234 - "B")
[1,230 - "B'1
SITE
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1 ,118 - "B"
(1,168 - "B")
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2009 BUILDOUT TRAFFIC CONDITIONS
WARM SPRINGS RESIDENTIAL COMMUNITY
VANDERBILT BEACH ROAD
LEGEND
XXX - "C" 2009 PEAK SEASON PEAK HOUR
PEAK DIRECTION BACKGROUND TRAFFIC
AND LEVEL OF SERVICE DESIGNATION
(XXX -"C") 2009 PEAK SEASON PEAK HOUR
PEAK DIRECTION BACKGROUND
TRAFFIC PLUS AM PROJECT TRAFFIC
AND LEVEL OF SERVICE DESIGNATION
[XXX -"C"] 2009 PEAK SEASON PEAK HOUR
PEAK DIRECTION BACKGROUND
TRAFFIC PLUS PM PROJECT TRAFFIC
AND LEVEL OF SERVICE DESIGNATION
Figure 4
(ba.m!))
Agenda 1tern No. 8C
April 26, 2005
Page 41 of 114
As can be seen from Figure 4; all roadway links significaÌ1tly impacted by the proposed
Warm Springs Residential Community will function under' an acceptable Level of
. Sèrvice when the development traffic is added to the sUITOundipg roadwày network. In
addition, all roadway links are shown to operate at the same ·Level of Service as projected
without the subject development. Therefore, no roadway improvements will be required
as a result of the proposed Wann Springs Residential Comrriunity.
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Intersection capacity analysis was performed at the Collier Boulevardffree Fann Road
intersection. The proposed Warm. Springs Residential Community· traffic indicated
within Figure 3 waS added to the intersection traffic indicated withiri the most recent
Bristol Pines· TIS. The Bristol Pines intersection analysis can be foùnd in the Appendix
of this report for reference. The turning movement volumes were then applied to the
èollier Boulì.wardff~ee Fann Road intersection, and the appropriate lane arrangements
were entered in the SYNCHROc 6 software due to the HCS2000 software's inability to
analyze unsignalized intersections on 6:-lane roadways. The intersection was analyzed
based on the A.M. and P.M. peak hour traffic projections· for the proposed rezoning of the
Warm Springs Residential Community.
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Attached in th~ Appendix of this report are the resultaÍ1t SYNCHROc 6 HCM
unsignalized inte!'5ection analysis data sheets. In order to illustrate the results of the
íntersection Level of Service analyses, Tabl~ 5 was created. The Level of Service of
each intersection approach at the Collier Boulevardffree Fann Road intersection is
shown iriTable 5.
Table ~.
Warin Springs Residential Commonity
Intersection LOS Àna sis Results
l
Based 'On the mtersection capacity analyses perfonned as a result of this report, all
intersection approaches are shown to operate acceptably when the development" traffic is
Pag~ 10
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Agenda Item No. BC
April~6, 2005 -
Page 42 of 114
rtratiIDJ
added to the-surrounding roadway network. LOS "E" is not an ideal Level ofServiée for -
the westbound approach to Collier Boulevard o~ Tree Farm Road.' but it does not
represent a failing Level of Service. Currently, Collier County has hired a consultant to
cOInplete the construction ~lans for the six laning of Collier Boulevard between
Immokalee Road and Livingston Road. The plans are near 90% completion. It is
Metro' ~ understanding that the 90% design plans will indicate a full median opening on _
Collier Boulevard at Tree Farm Road. This intersection is being designed as a full'
median opening with - the intent that it will likely operate under signalized conditions.
Should this intersection operate under signalized conditions, the Level of Service of the
Collier BoulevardlTree Farm Road iriter~ectioncouldbe as gòod as LOS "B" depet).dirig
on the signal timings. When signal warrants are met at this intersection, the signal win be
paid for jointly by the _ Developers of the properties that access T~e Farm R()ad.
Regardless, the signalization of this intersection is not required as a result of the Warm
Springs Residential Community. Therefore, no intersection improvements, beyond
potential turn lane improvements, will be required lis a result of the proposed 'Warm
Springs Residential Co1Drnunity.
Turn lane improvements will be required when the development traffic is added to the
surrounding roadway network based on the Collier County Ordinance 93-64. Both a
no~bound right turn lane and a southbound left turn lane will be reqùired on Collier
Boulevard at TreeFarm Road. These turn lanes are being designed as a part of the six-
laníng of Collier Boulevard.' - In addition, an eastbound left turn lane - will also be ,
warranted on Tree Farm R()ad at the full' site' access intersection. Table 6 below indicates
. the - necessary turn - lane lengths åt thè site access intersections based - on both access
scenariòs.The turn làne storage length for the southbound left turn lane requited on
Collier Boulevard at Tree Farm Road was' based on the Queue Length from the
SYNCHROc 6 report indicated within the intersection analysis. In addition, no turn lane
storage was indicated for the eàstbound left turn lane on Tree Farm Road due to the lack
of through traffic.
Page 11
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Agenda Item. No. BC
April 26, 2005
'Page 43 of 114
405 feet
Collier Blvd @ Tree Farm Rd480 feet
155 feet
" Tree Farm Rã Site 205 feèt
1- The storage length for these turn lanes was based on the 95 percentile Queue Length fiom the SYNCHROe> 6 intersection
analysis. No storage was assumed fur the EB left on Tree Farm Rd due to the lack ofthroilgh traffic on Tree Farm Road
The turn -lane improvements indicated within Table 6 reflect the' requirements after the
addition òf both the Bristol Pines RPUD and the Warm Springs Residential Community
to the Collier County roadway network.
WI. CONCLUSION
The proposed Warm Springs Residential Community at the northeast comer of the
intersection of Collier Boulevard (C.R. 951) and Tree Farm Road within Coll!erCounty,
Florida will not adversely impact the existing rolidway network. The sufroÚnding
roadway network was analyzed based on the projected 2009 build-out t¡raffic conditionS.
Based on the' analysis contained within this report, all roadw~y se~ents 'significantly
impacted as a result of the Warm Springs Residential Communitý will operate at or above
the Level of Service Standard for that roadway as established within the 2003 Collier
County ÀUIR when the development traffic is added tò the roadways.
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Turn 1arie analysis 'Was performed as' a resUlt of the _ proposedW arm Springs Residential
Comníunity and the approved ¡;3ristol Pines RPUD. The ~uired turn lane improvements
are indicated within Table 6 of the previous section of· this report. . In. addition;
, interSection capacity analysis was performed at the Collier Boulev:m:t/Tree Farm Road
intersection. Based on the results of the capacity analysis, all approaches will operate
. . . .'
under aCcèptable Level of Seryice conditions when the project traffic is ádded to the
intersection. 'Therefore, beyond the turn ~ane improvements, no roadway improvements
will be required as a result of the proposed Warm Springs Residential Community.
"
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Page 12
APPENDIX
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Agenda Item No. 8C
April 26, 2005
Page 44 of 114
Agenda Item No. BC
April 26, 2005
Page 45 of 114
TABLES lA & 2A
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Agenda Item No. 8C
April 26, 2005
Page 48 of 114
2002 FDOT LEVEL OF SERVICE
HANDBOOK - GENERALIZED PEAK
HOUR PEAK DIRECTIONAL
r-
VOLUMES FOR FLORIDA'S AREAS
TRANSITIONING INTO URBANIZED
AREAS
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Agenda Item No. BC
April 26, 2005
Page 49 of 114
TABLE 4 - 8
GENERALIZED PEAK HOUR DIRECTIONAL VOLUMES FOR FLORIDA'S
AREAS TRANSIßONING INTO URBANIZED AREAS OR
AREAS OVER 5,000 NOT IN URBANIZED AREAS·
UNINTERRUPTED FLOW HIGHWAYS
Level of Service
C
620
2,300
3.460
Lanea Divided
I Undivided
2 Divided
3 Divided
B
330
1,590
2,390
D
870
2,980
4.470
A
100
910
1.470
STATE TWo-W AY ARTERIALS
Class [ (>0.00 to 1.99 5Ì p1alized intersections per mile)
Level of Service
Lanes Divided A B C D
t Undivided .. 210 690 820
2 Divided 240 1,470 1,730 1,810
3 Divided 370 2,260 2,600 2,710
Class II (2.00 to 4.50 signalized intersections pcr mile)
FREEWAYS
Level of Service
E Lanes A B C D E
1,200 2 1,290 2,130 2,890 3,420 3,800
3,390 3 2,000 3,290 4,460 5,280 5,870
5,080 4 2.100 4,450 6,030 1,140 1,940
5 3,400 5,600 7.610 9,010 10.010
BICYCLE MODE
E
860
...
...
(Note: Level of service for the bicycle mode in lItia table is based on roadway
pmetrics at 40 mph posted speed and traffic conditÎOlla, not number of
bicyclists using the facility.) (Multiply motAIrized vehicle voluna shown
below by number of direcûonal roadway lanos to determine maximum service
volumes.)
Level of Service
Lanes Divided A B C D E
I Undivided .. .. 560 760 810
2 Divided .. 200 1.290 1,620 1,700
3 Divided .. 320 2.000 2,430 2,560
Paved Shoulderl
Bicycle Lane Level of Service
Co~rage A B C D E
0-49% .. 100 110 720 >720
50-84% .. 130 210 >210 ...
8S-IOO"h 170 380 >380 ... ...
Class III (mo.... than 4.5 signalized intersectiona per mile)
Level 0 f Service
Lanes Divided A B C D
I Undivided .. .. 260 620
2 Divided .. .. 620 1,440
3 Divided .. .. 970 2,220
NON-8TATE ROADWAYS
Major CitylCOUIIty Roadways
PEDESTRIAN MODE
(Note: Level of service for the pedestrian mode in litis table is based on
roadway geometric a. 40 mph posted speed and lraffic conditions, Dot
E number of pedestrians using the facility.) (Multiply motorized vehicle
170 volumes shown by number of directiOMI roadway lanes 10 determine
1,630 maximum service volumes.)
2,450
level of Service
Sidewalk Coverage A B C D E
0-49% .. .. .. 330 SIO
50-84°.4 .. .. .. 520 990
85-100% .. 120 S90 >590 ...
Level of Service
Lanes Divided A B C D E ARTERlAUNON-8T ATE ROADW A V ADJUSTMENTS
I Undh'ided .. .. 370 720 170 DIVIDEDIUNDIVIDED
2 Divided .. .. 870 1.550 1.630
3 Divided .. .. 1.360 2,330 2,450 Lanes Median Left Turn Lsones Adjustment Faclors
Level of Service
ABC D
.. .. 230 490
.. .. 540 1.070
Florida Department ofTranspor1aûon
Syslcms Planning Office
60S Suwannee SIRe!, MS 19
T.II.ha_. FL 32399-0450
hllP:11www Il.mvf1orida.comIoIBllnina/<V!Ùf!moJsmllosldefaullhlm
rnn._ _,... _.... __ ond _be_ 0IIIy rat _'""10......."._. T1Io__ "- _ "*_ Ie __... -.I fer_ opoeifICpIoaoinaappl_
The _ oad cieri... ___Id...... _ rat"""WO'...I.__........... more.- -.._ a... v...... _ nboudyl_way_tor_.r_...... tbr
1IIc __ ...... omIao l IIIoIlIooI\y.101Cd. LoftI.r_1ce loner pIdt ,hrabaIdI.. ........Iy........... __..... _... _..... ....porIIœI_ld... ..... ..iIII_.....
-. ....1Ii.... ......of....1ce of 41_ _I.............U -'y _.r_lI... ...,.,_adod. __', ~....._.ocI"'" of_ ___'"'....1IIIowùti
..... c...._ '"' baRd.. pi...... appIico,_.r1lle Hlahwl)' C~I)' lola_I. BIcyda LOS Model_ _. LOS Model, ~\Ody 1IIr... ._1IoAnd. bicycle.... pcdcaIri..-.
"C_I be åi""¡ _._ ¡""", vol.. tIof......
-"Hal appIicoIIIc for ....1eYe1 or..me. \01.......... r.. __ __ ",10"... _... '....lcvcl.r_ D *- F _ i_ ......... .... - __ "'" bie ocIo MIll podostriM
_.Ibo IenI.r_I.......... PocIodina F ;.... IChiCYlbJo, bccouoolhcß: is DO...._....idc ___..... table..... -...-.
Other Signalized Roadways
(signalized inteneclion analysis)
Lanes Di\!ided
I Undivided
2 Divided
Source:
J
I
Multi
Multi
Divided
Undivided
Undivided
Undivided
+5%
-2O"h
-5%
-25%
Yes
No
Yes
No
E
630
1,270
02122/02
ONE-WAY FACILITIES
Increue corresponding volume 20"'1'.
99
Agenda Item No. 8C
April 26, 2005
Page 50 of 114
I
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COLLIER COUNTY ART -PLAN LEVEL
OF SERVICE SPREADSHEETS
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ART-PLAN 4.0
Arterial Level of Service
Based on Chapter 11 of the 1997 H"1ghway Capacity Manual
Florida Department of Transportation
Systems Planning Office - May 2000
Collier Boulevard
From: Golden Gate Blvd. To: Immokalee Road
User Notes: Study Period: PM PEAK
K Factor. 0.097 D Factor. 0.568 PHF: 0.910 Adj. Sat Row Rate: 1,850
Arterial MDT: 14,708 Posted Speed: 65 mph Section Length: 3.10 ml.
Area Type: Transitfoning/Urban Arterial Class: 1 Signal Type: Semfactuated
, .
I
Peak Direction Maximum Service Volume
A B C D E
Level of Service B MDT 10,800 15,700 18,800 18,800 16,800
PHV 600 870 930 930 930
Arterial Speed 38.9 mph
.,. No= ~~ Flow .:o:a Int. Unk
From To AAf1r pt V Turns Lanes gIC R* LOS Speed LOS
Golden Gate VanderbUt 14708 810 12 1.0 120 0.44 5280 4 783.3 O:-M 38.8 D 32.1 C
Vanderbilt Immokalee 12609 695 12 1.0 120 0.44 11088 4 672:1 -nA? ?R Q r- 43.2 A
-
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!
Off-Peak Direction
Level of Service B
Muinwm sel1llce voIumes.IV not
Arterial Speed 40.7 mph caJculatrKI for the atl-pealc dteellon.
vie ConIroI 1m. Unll .
.,. t1::.=øIC ~~ Flow Speed
From To MDT PHV Tums Rate Rallo -DëiW' LOS LOS
lmmokalee vllnaerDIR 12609 529 12 1.0 120 0.44 11088 3 511.6 nR? 28.4 ~ 44.0 A
VBndertJilt Golden Gate 14708 616 12 1.0 120 0.44 5280 3 I~a~ i n '7'2 3?O ~ 35.1 B
Prlnted:09/1112001 01 :04:47 PM
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ART ·PLAN 4.0
Arterial Level of Service
Based on Chaptsr 11 of the 1997 Highway Capacity Manual
Florida Department of Transportation
Systems Planning omce - May 2000
Collier Boulevard From: Pine Ridge Road To: Golden Gate Blvd.
User Notes: Study Period:. PM PEAK
K Factor: 0.097 D Factor: 0.653 PHF: 0.925 Adj. Sal Row Rate: 1,850
Arterial MDT: 24,282 Posted Speed: 55 mph Section Length: 1.10 ml.
Area Type: Transitioning/Urban Arterial ClaSs: 1 Signal Type: Semi actuated
I ¡
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Peak Direction Maximum Service Volume
A B C D E
Level of Service B MDT 12,500 27,000 29,000 29,200 29,200
36.3 PHV 790 1,710 1,840 1,860 1,85'"
Arterial Speed mph
% No Cycle ~ A::::' Flow vie c: InL Unk
Prom To MDT PHV Turns '-- I...IIÌIaIh ale ..... RaUo LOS Speed LOS
Pine Rldae Golden Gate 24282 1538 12 2.0 120 0.44 5BCI8 4 1463 0.89 ~g3 C 36.3 B
.-
Off-Peak Direction
Level of Service B
MlUIIl1'Iflm _tvIoe voIumea are not
ArterialS~d 39.9 mph CIJk:ul.tIHJ for 1M otr-"..Ic clrectløn.
% ~=a/C ~~ Flow vie COnIrOI Int. speed LInk
Prom To MDT PHV TUrns ..... RItIo !WaY LOS LOS
Golden Gate PIne Ridge 24282 817 12 -2.0 120 0.44 5808 3 ,.-,.... nA7 -oj¿6 c ~g.g R
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Printed:09/11/2001 02:20:49 PM
d-V fJ- '-(, 'û
ART ·PLAN 4.0
Arterial Level of Service
Based on Chapter 11 of the 1997 Highway Capacity M8lUJal
Florida Department of Transportation
Systems Planning Office - May 2000
Immokalee Road From: 1-75 East Signal To: CR 951
User Notes: Study Period: PM PEAK
K Factor: 0.097 D Factor: 0.600 PHF: 0.980 Adj. Sat. Flow Rate: 1,850
Arterial MDT: 29,067 Posted Speed: 45 mph Section Length: 3.30 mi.
Area Type: Transitionlng/Urban Arterial Class: 1 Signal Type: Semlactuated
Peak Direction Maximum Service Volume
A B C D E
Level of Service B MDT 1,900 28,500 31,800 31,800 31,BOO
34.3 PHV 110 1,660 1,850 1,850 1,850
Arterial Speed mph
% No c,cIe L~~ Flow :.0 =' Int. link
From To MDT PHV T_ Lan_ .........h gIC RIlle LOS Speed LOS
1-75 East 08ke8 BlVd 29067 1833 12 2.0 120 0.44 1584 4 1646 1.01 48.0 D 14.1 F
Oakes Blvd OR 951 14502 914 12 2.0 120 0.44 15840 4 820.7 Of\O ?n7- c An n B
Off-Peak Direction
Level of Service B
Maxtnum _MIlt» I/OA.mø ",. not
Arterial Speed 37.9 mph cø/cuIat«J for the off-peak chcfIan.
% No Cyote Length Antval Flow "Ie Control Int. Speed Llñt
From TD MDT PHV Tuma larMe Leilath a/C - ifMti Type Rate Ratio Del." LOS LOS
OR 951 14502 492 12 2.0 120 0.44 16840 3 441.8 n?7 21.7 C 41.3 B
0ak88 Blvd 1-75 East 29067 987 12 2.0 120 0.44 1584 3 AAA~ n"-A. 28.0 C 20.5 E
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ART ~PLAN 4.0
Arterial Level of Service
Based on 9hapter 11 of the 1997 Hlpay Capacity Manual
Florida Department of Transportation
Systems Planning Office - May 2000
Immokalee Road From: CR 951 To: Oil Well Road
User Notes: Default Study Period: PM PEAK
K Factor: 0.097 D Factor: 0.600 PHF: 0.910 Adj. Sat. Flow Rate: 1,850
Arterial MDT: 16,899 Posted Speed: 50 mph Section Length: 6.56 mi.
Area Type: TransitioninglUrban Arterial Class: 1 Signal Type: Semiactuated
Peak Direction Maximum Service Volume
A B C D E
Level of Service ERR MDT 8,800 15,200 15,900 15,900 15,900
PHV 520 890 930 930 930
Arterial Speed ** mph
.
% No CyoIe L~~ Flow vie Control Int. Link
From To AN1T PHV Tume LlIIM Llñath aIC Rate RatIo . DelaY LOS SpHd LOS
CR 951 wUaon 16899 984 12 1.0 120 0.44 25872 4 951.6 1.16 1De.3 F 36.3 B
Wilson Renc:Iøß 15231 886 12 1.0 120 0.44 2429 4 856.8 1 nh ::;!:u:~ ¡:: 1R .4 E
RsidslI 011 Welt Roa 10714 624 12 1.0 120 0.44 8336 4 603.4 n "7..4 2h.1 ~ ~RR B
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Off-Peak Direction
Level of Service E
Møxinum slMVfc. volumes .,. not
Arterial Speed ** mph c:a/t:uIIIttiId for'" off-peak chctJon.
.
% No CyoIe Length Antval Flow vie Control Int. SpMd urik
From To AADT PHV Tuma LaMa Leñath aIC . It...." Type Rate Ratlo·rwav LOS LOS
Rend811 on Well Roe. 1 0714 624 12 1.0 120 0.44 6338 4 r~A n "7A 24.4 C 36.8 B
WilBa'1 RIInCIIIII 15231 886 12 1.0 120 0.44 2429 4 856.8 1 n" 67.9 ¡:: 15.2 F
OR 951 Wlleon 16899 984 12 1.0 120 0.44 25872 4 101::.1 A o 1A 107.8 ~ ~A~ B
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Printed:11/2812001 02:47:02 PM
:rOli,~~
ART ·PLAN 4.0
Arterial Level of Service
Based on ~1Br 11 of the 1997 Highway Capacity Manual
Florida Department of Transportation
Systems Planning Office - May 2000
Vanderbilt Beach Rd
From: Logan Blvd
To: CR 951
User Notes: Default Study Period: PM PEAK
K Factor: 0.097 D Factor: 0.610 PHF: 0.925 Adj. Sat. Flow Rate: 1,850
Arterial MDT: 9,746 Posted Speed: 55 mph Section Length: 2.00 ml.
Area Type: Transitioning/Urban Arterial Class: 1 Signal Type: Semi actuated
Peak Direction Maximum Service Volume'
A B C D
Level of Service A MDT 12,400 15,500 15,600 15,600
44.0 PHV 740 920 930 930
Arterial Speed .mph
% No . Cycle Length ArrivIIl Flaw vie Control Int.
E
15,600
930
From To AADT PHV Turns LInea Lenath ate "uti T\Ib@ Rate RRIo Delliv LOS LOS
logan Blvd. CR 951 9746 577 12.0 1 120 0.44 10560 4 548.9 0.67 ~57 C 44.0 A
Speed
Unk
Off·Peak Direction
Level of Service A
Max/mum service volumes ere not
Arterial Speed 45.7 mph calculated frJr the off-peak drer:tlon.
..
% No= l.Ingth An1VIl Flow YIc Control Int. Speed Unk
From To AADT PHV Turns LInes gIe IfM8 Type Rate RIItIo -~. LOS LOS
CR 951 LOAan Blvd. 9746 369 12.0 1 120 0.44 10560 3 1~~1 rI 'n A~ 24.7 r:. 457 A
Printed:09/11/2001 11 :43:45 AM
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Agenda Item No. BC
April 26, 2005
Page 59 of 114
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SYNCHRO 6.0 CAPACITY ANALYSIS-
COLLIER BLVD @ TREE FARM RD
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HCM Unsignalized Intersection Capacity Analysis
3: Tree Farm Road & Collier Boulevard
Agenda Item No. BC
t1>rit 26, 2005
2008 ~~ÐoHdout4
8/1912004
,Þ \". ~
.. '- t
. -,
.' ' .: '. '., _ , J:" _ . . , ' ,I " _ .. ' , ., .
Lane Configurations
Sign Control
Grade
Volume (Vehlh) "
Peak HoUr Factor
Hourly flow rate (vph)'
Pedesb'ians
Lane Width (ft)
Walking Speed (ftls)
Percent Blockage
Right turn flare (veh)
Median typeR~iSed
Median storage veh) 0
Upstream signal (~)
pX, platoon unblocked
vC,çpn~ict¡ng volu'me'
vC1, stage 1 conf vol
vC2, $~ge 2 conf v,o,l
vCu, unblocked vol
te, single (5)
te, 2 stage (s)
tF (s)
pO queue free %
eM capacity (vetJlh)
f' +++
free '
0%
12Q'/.J043
0.92 0.92
130'1134
f'
" +++
,;Free'
0%
795
0.92
864
"
:,~;;,~p::;..;._~-,;:"
0%
55
0.92
60
~ .....'-'.;
20,:,4$
0.92 0.92
22 49
'45ft:) 378 1155
1134
:38~
1520 378 1155
6.8 6.9 4.1
5.8
3.5 3.3 2.2
61 79 92
154 6~0 600
Volume Total 60 130 378 378 378 22 49 288 288 2~8
Volume Left 60 0 0 0 0 0 49 0 0 0
Volume Rjght . ,~ ' 0 13°' 0 .,0'.:0 22 Ö 0 0 0
, .' ~.'" . . . -,. "
cSH 154 620 1700 1700 1700 1700 600 1700 1700 1700
VoluÆJi~~9'C~ª91W O.~9 0.21 0.42 Q.22:i:;P~~2 Q.01 0.08 0.17 0.17 0;17 ..
Queue Length 95th (ft) 42 20 0 0 0 0 7 0 0 0
Cóhtról [)éII11Y($) 42.4 12.3 " O~O 0,0 0.0 0.0 11.5 0.0 0.0 0.0
Lane LOS E B B
ApprQàch Del~y (s) . '21.8 0.0 0.6
Approach LOS C
: .::: '. 4"~.: -, _" _ , . ~ . . '> _ . . .:._ ~, '-. ' ~. ~
Average Delay
I ntersectlon Capacity lJtilization
Analysis Period (min> '
2.1
36.8% ,
15
leu Lével of Service
A
¡,....-
Bristol Pines RPUD - Phase II
Metro Transportation
Synchro 6 Report
Page 1
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HCM Unsignalized Intersection Capacity Analysis
3: Tree Farm Road & Collier Boulevard
Agenda Item No, BC
2008 ~G~~~~â
8/1912004
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Lane Configurations
Sign ContJ'91
Grade
Volume (v~h!IJ) ,
Peak Hour Factor
Hourly f\oWmte (Vph)'
Pedestrians
Lane Width (ft)
Walking Speed (ftIs)
Percent elockage .'
Right turn flare (veh)
Median type .... Raised
Median storage veh) 0
Upstreamsigñal (ft) .
pX, platoon unblocked
vC. conflicöng volume
vC1, stage 1 confvòl
vC2.stage 2confvºl. ','
vCu, unblocked vol
tC, single (5)
tC, 2 stage (5)
tF (s)
pO queue free %
eM capacity (Vtahlh)
~
Stop
0%
.35,
0.92
'38
l' +tt
Free
0%
80 >1;043
0.92 0.92
'.87 1134
."
~ tt+
Free·,,,,
0%
130 795
0.92 0.92
141 B64
60
0.92
'65
.1704 378 1199
1134
'571
1704 378 1199
6.8 6,9 4.1
5.8
3.5 3.3 2.2
71 86 76
129 620 578
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Volume Total 38 87 378 378 378 65 141 288 288 288
Volume Left 38 0 0 0 0 0 141 0 0 0
Vol~me Right; 0 ~7 0 0 v'.. 0 65 0 0 0 0
'i~: .
cSH 129 620 1700 1700 1700 1700 578 1700 1700 1700
VoIUi'h~ to~~ç!tY 0.29 0.14 0.22 0.22 0.22 0.04 0.24 0.17 .' 0.17 0.17
Queue Length 95th (ft) 28 12 0 0 0 0 24 0 0 , 0
Contí:91 Oelaÿ (s} 44.0 11.8 0.0 0:0 0.0 .0.0 13.2 0.0 0:0 0.0
Lane LOS E B B
Apprpach ~Iay{s) - 21.6 0.0 1..9
Approach LOS C
\~'_ 4 .~..." > ~- "." ~ ." ~~. _. ;-.." -. -i-)~
_ ~ .., " -...... ....- '- ___ , ... .. ..... .~ _ _'. ... ~. _..r . ~~ . . _ _ .......::..!.~
Average Delay
Intersection capàcity UtiliZation
Anàlysis Period (min) .~
2.0
40.7%
15
ICU LE;tvel of ServiCe
A
Bristol Pines RPUD - Phase II
Metro Transportation
Synchro 6 Report
Page 1
HCM Unsignalized Intersection Capacity Analysis
3: Tree Farm Road & Collier Boulevard
Agenda Item No. BC
2009 ~;m¡
Lane Configurations
~ígn Control '
Grade
Volum8Iv~l'i)
Peak Hour Factor
HòU,;tvflOYÍ rate ('. "k\'
..1'1 '. ,..¥P!!].
Pedestrians
Lane WicW11ft-)
Walking Speed (ftIs)
P~rœntBIQÇkag~
Right turn flare (veh)
Medi2i!1type
Median storage veh)
UpstrEJªm sjgnøl (ft) .
pX, platoon unblocked
VC,cøn.fUcW19 V()!\JfTl8
vC1, stage 1 conf vol
y<;2, ~e 2 Fgr;f vo[.
vCu, unblocked vol
~, singie (s)
tC, 2 stage (s)
tF(s)
pO queue free %
eM capaçity (vehÎ,hl
'" , t I'" '... ~
, +++ +++
Stop Fr~ Free';;
0% 0% 0%
'05 235 . \:j 043 30 7(1 795
"f". ':,....,.. .,"
0.92 0.92 0.92 0.92 0.92 0.92
j14 255 11134; 33 ". 76 ~64
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II
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,
if
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1134
~Q
1574 378
6.8 6.9. ....
5.8
3.5/'
23
148'
..
1166
4.1
VOlume Total 114 255 378
Volume Left 114 0 0
VoluO'!~ Rigt'!t 0. 255 0
cSH 148 620 1700
VoIufttêto ç-~!y:;:, >::;0.77 ,0.41 p.22
Queue Length 95th (ft) 119 50 0
Control pelti(s)'f~3.8;A4'ªi \~Q;O
Lane LOS F B
.6... 'roach 1:1"1'.',(;5\ ". 3....6...1."
'"}tIP .. ... , !.'" !J
Approach LOS E
378
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o
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0.22
o
. -'þ.O
378
o
o
1700
0,22
o
c;.Q;O
33
o
, .~~
1700
0.02
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(to
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11
11.9
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288
o
.' ,P
1700
Q;·17>
o
;(),O
2~8
o
...,:0
1700
O~17
o
O..Q
2ß8
o
',0:
1700
. Q.11
o
9,',0,"
'.
i, :iJJ.Q
Average Delay
Intel'$ection ca~élwUtil~tìºÖ
Analysis Period (min)
5.8
41.4%
15
"dÇ\.J··Lt!V",;çf·$EJ~
A
"--
Warm Springs Residential Comm.
Metro Transportation
Synchro 6 Report
Page 1
HCM Unsignalized Intersection Capacity Analysis
3: Tree Farm Road & Collier Boulevard
Agenda Item No. 8C
2009 p~~~¡
ŠÍ1912004
.. '- t
I" \. +
" " ttt
. . Free"
0%
110 240 795
0.92 0.92 0.92
120 261 864
"
f,$toþ
0%
60
0.92
65
Lane Configurations
Sign Control
Grade
VOILJme (vet lh)
Peak Hour Factor
Hourly flow rate (YPh)
Pedestrians
Lane Width tft)· :",,;
Walking Speed (ftIs)
Percent Blockage v/;!(
Right tum flare (veh)
Median We .:' Ra~,
Median storage veh) 0
Upstream sign¡¡t(ft)
pX, platoon unblocked
yC, cônflicting volume'
vC1, stage '{ conf vol
vC2, j;~e2ç61'!f ~I
vCu, unblocked vol
~, sÎngle(s)
tC, 2 stage (s)
tF (s)
pO queue free %
eM capâcity (veh!t1)
1~5
0.92
'147
ttt
F~
0%
1Q43
0.92
:1134
1253
1~3.
1134
::§'to:;': '" ..
1943 378
.6:8::,:·a,9
5.8
3.5
28
9Ö
Volume Total 65
Volume Left 65
Voltim,e ~igtì! .0
cSH 90
Vplume !:pC~þêiC¡!W<, ",Q.72
Queue Length 95th (ft) 91
Control Oélaý ($) >112.7
Lane LOS F
Appr~cf1 þ1jI~Y·~)':,·· 43:4
Approach LOS E
1253
411
147 378·
o 0
147/,,' Q,
620 1700
0.24,;" ~.22
23 0
'12.6 0.0
B
. O.Q
378
o
.,0
1700
,.0.22
o
0.0
378
o
o
1700
0"22
o
O.Q
120 261 288 288
0 261 0 0
120 'a 0 0
1700 551 1700 1700
0.07 0,47 0,17 ,0.17
0 63 0 0
0.0 <17.3 0.0 0.0
C
4.0
288
o
o
1700
(}.17
o
0:0
Average Delay
Intersection Cá~ÇitflJ~liæti4h;;
Analysis Period (min)
':,.,",;
5.3
,46,8% '
15
ICI) Level of S~i'Vi~
A
Warm Springs Residential Comm.
Metro Transportation
Synchro 6 Report
Page 1
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Agenda Item No. 8C
April 26, 2005
Page 64 of 114
TRIP GENERATION EQUATIONS
W ARM SPRINGS RESIDENTIAL COMMUNITY
ITE TRIP GENERATION REPORT, 7th EDITION
Land Use Weekday AM Peak Hour Weekday PM Peak Hour Daily (2-way)
Multi-Family
Detached Housing Ln (T) = 0.80 Ln (X) + 0.26 Ln (T) = 0.82 Ln (X) + 0.32 Ln (T) = 0.85 Ln (X) + 2.55
(LUe 230)
T = Trips, X = Units
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~..._~--,----
ORDINANCE NO. 05-
Agenda Item No. BC
April 26, 2005
Page 65 of 114
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS AMENDING ORDINANCE
NUMBER 2004-41, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY AMENDING THE APPROPRIATE
ZONING ATLAS MAP OR MAPS TO CHANGE THE
ZONING CLASSIFICATION OF THE HEREIN
DESCRlBED REAL PROPERTY FROM ''PUD" TO
"PUD" PLANNED UNIT DEVELOPMENT KNOWN AS
THE WARM SPRINGS RPUD, TO PROVIDE FOR A
MAXIMUM OF 540 DWELLING UNITS FOR A
DENSITY OF 4.52 UNITS PER ACRE, FOR PROPERTY
LOCATED ON THE EAST SIDE OF COLLIER
BOULEVARD (CR 951), APPROXIMATELY ONE MILE
SOUTH OF IMMOKALEE ROAD (CR 846), IN
SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 119±
ACRES; PROVIDING FOR THE REPEAL OF
ORDINANCE NUMBER 03-64, THE FORMER NICEA
ACADEMY PUD; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Karen Bishop of Project Management Systems Inc., represenûng Naples
Syndications, LLC, petitioned the Board of County Commissioners to change the zoning
classification of the herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 26,
Township 48 South, Range 26 East, Collier County, Florida, is changed wm "POD" to
"PUD" Planned Unit Development known as the Warm Springs RPUD, attached hereto as
Exhibit "A", which is incorporated herein and by reference made part hereof. The appropriate
zoning atlas map or maps, as described in Ordinance Number 2004-41. the Collier County
Land Development Code, islare hereby amended accordingly.
SECTION TWO:
Ordinance Number 03-64, known as the Nicea Academy PUD, adopted on November
18, 2003, by the Board of County Commissioners of Collier County, is hereby repealed in its
entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board ofCotmty Commissioners of Collier
Cotmty, Florida, this _ day of
,2005.
ATTEST:
DWIGHT E. BROCK., CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
, CHAIRMAN
Approved as to Fonn and
Legal Sufficiency
Marjorie M. Student
Assistant COtmty Attorney
PUDZ-A-2004-AR~142JMB/1p
.-
2
Agenda Item No. BC
April 26, 2005
Page 66 of 114
Agenda Item No. BC
April 26, 2005
Page 67 of 114
EXHIBIT "A"
WARM SPRINGS PUD
A Residential Planned Unit Development
REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE WARM
SPRINGS PUD, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS
OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, OR SUCCESSOR
CODE.
Prepared
For:
Naples Syndications, LLC
540 Myrtle Road, Naples, Florida 34108
PREPARED
BY:
PMS, Inc. of Naples
2335 Tamiami Trail N. Suite 408, Naples, Florida 34103
239.435.9080 I 239.435.9082fax
AND
MeAnly Engineering & Design, Inc.
5435 Park Central Ct., Naples, Florida 34109
239.593.3299
ORIGINAL DOCUMENT DATE
DATE FILED
CURRENT DOCUMENT DATE
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
June 18.2004
June 21. 2004
December 14.2004
December 16. 2004
Agenda Item No. 8C
April 26, 2005
Page 68 of 114
TABLE OF CONTENTS
PAGE
Statement of Compliance
Section I Property Ownership and Description 1-1
Section 1\ Project Development Requirements 2-1
Section III Residential Areas Plan 3-1
Table I Development Standards 3-3
Section IV Preserve Areas Plan 4-1
Section V Development Commitments 5-1
Exhibit "B"
RPUD Master Plan
,,,.0-'"
Agenda Item No. BC
April 26, 2005
Page 69 of 114
STATEMENT OF COMPLIANCE
The development of approximately 119.45± acres of property in Collier County, as a
Residential Planned Unit Development to be known as the Warm Springs RPUD will be in
compliance with the planning goals, objectives and policies of Collier County as set forth in
the Collier County Growth Management Plan. The residential facilities of the Warm Springs
RPUD will be consistent with the growth policies, land development regulations, and
applicable comprehensive planning objectives for the following reasons:
1. The subject property's location in relation to existing or proposed community facilities
and services permits the development's residential density as described in Objective 2
of the Future Land Use Element.
2. The project development is compatible and complementary to surrounding land uses
as required in Policy 5.4 of the Future Land Use Element.
3. Improvements are planned to be in compliance with applicable sections of the Collier
County Land Development Code as set forth in Objective 3 of the Future Land Use
Element.
4. The project development is planned to protect the functioning of natural drainage
features and natural groundwater aquifer recharge areas as described in Objective 1.5
of the Drainage Sub-Element of the Public Facilities Element.
5. The project is located within the Urban Mixed Use District, Urban Residential
Subdistrict, on the Future Land Use Map. The westerly side of the project has 40.7
acres of the project located within the Residential Density Band around the Immokalee
Road/Collier Boulevard Activity Center and the remaining 78.3 acres of the project are
outside this Residential Density Band. The 540 proposed units and resultant density of
4.52 dwelling units per acre is in compliance with the Future Land Use Element of the
Growth Management Plan based on the following relationships to required criteria:
40.7 Acres for an Urban Project Inside a Residential Density Band
Base Density 4 dwelling units/acre
Residential Density Band ~dwelling units/acre
Maximum Permitted Density 7 dwelling units/acre
78.3 Acres for an Urban Project Outside a Residential Density Band
Base Density 4 dwelling units/acre
Maximum Permitted Density 4 dwelling units/acre
Maximum permitted units = 40.7 acres x 7 dwelling units/acre = 285 units plus
maximum permitted units = 78.3 acres x 4 dwelling units/acre = 313 units for a
total maximum number of 598 dwelling units at a maximum density of 5.03
dwelling units/acre.
Agenda Item No. 8C
April 26, 2005
Page 70 of 114
,-
Requested dwelling units = 540.
Requested density = 4.52 dwelling units/acre.
An additional Bonus Density consideration, available through the Affordable
Housing provisions of the Growth Management Plan and Land Development
Code, is not requested by this application.
6. All final local development orders for this project are subject to Division 3.15,
Adequate Public Facilities, of the Collier County Land Development Code.
7. The subject property for development is within the Urban Mixed Use DistrictJUrban
Residential Subdistrict as identified on the Future Land Use Map as provided for in
Objective 1 of the Future Land Use Element (FLUE), and the uses contemplated are
consistent therewith.
8. The project will implement Objective 1 of the Housing Element by providing additional
"affordable housing" dwelling units in Collier County, within the proposed master
planned development.
9. The project will further the implementation of Policy 1.4 of the Housing Element by
providing "affordable housing" in an area where planned infrastructure and services
will be available.
10. The project will act to implement Policy 2.9 of the Housing Element by providing
"affordable housing" dwelling units blended within the planned market rate
development.
11. The development will be compatible with and complementary to existing and planned
surrounding land uses. Specifically, the conservation land use along the north
property line abuts a like land use over the adjacent Crystal Lake PUD. Additionally,
the proposed density of 4.52 units per gross acre which includes a 10% affordable
housing component is complementary to the Bristol Pine PUD to the south of the
subject parcel, which has an intensity of 6.98 units per acre and also includes a 10%
affordable housing component.
12. The development of the Warm Springs RPUD will result in an efficient and economical
extension of community facilities and services as required in Policy 3.1.g. of the Future
Land Use Element.
13. The Warm Springs RPUD implements Policy 5.6 of the Future Land Use Element in
that more than 60% of the project will provide useable open space, or lands reserved
for conservation purposes.
14. The native vegetation provisions of the Warm Springs RPUD implements Policy 6.1.1
of the Conservation Coastal Management Element in that "native preserves" will be
incorporated into the project design.
ii
Agenda Item No. BC
April 26, 2005
Page 71 of 114
15. The Master Development Plan, with its extensive natural area, lakes and open space
areas, and with its moderate residential density, will insure that the developed project
will be an attractive and enjoyable residential development.
16. By virtue that the project must comply with the provisions of Chapter 6 of the Land
Development Code, it will implement, and further Objective 8 of the Transportation
Element.
iii
Agenda Item No. 8C
April 26, 2005
Page 72 of 114
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this section is to set forth the location and ownership of the property,
and to describe the existing conditions of the property proposed to be developed under
the project name of the Warm Springs Residential RPUD.
1.2 LEGAL DESCRIPTION
The subject property being 119.45± acres, is fully described as the South }'2 of the
South }'2 of the South }'2 less the west 100 feet thereof; and the South }'2 of the North
}'2 of the South }'2 of the South }'2 less the west 100 feet thereof; all in Section 26,
Township 48 South, Range 26 East, Collier County, Florida.
1.3 PROPERTY OWNERSHIP
The subject property is owned by Barton and Wendy Mcintyre, 2200 Santa Barbara
Boulevard, Naples, Florida, 34116, and is under a purchase contract by Naples
Syndications, LLC, 540 Myrtle Road, Naples, Florida, 34108.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The subject property is located on the eastern side of Collier Boulevard south of
and abutting the Crystal Lake PUD (unincorporated Collier County), Florida.
The property can be further described as being located north of the Bristol
Pines PUD and 30 feet of private access easement, proposed to be included in
the future Tree Farm Road.
B. The entire project site currently has PUD Zoning and is proposed to be rezoned
to RPUD.
1.5 PHYSICAL DESCRIPTION
The project site is located outside of any specific drainage basin according to the
Collier County Drainage Atlas. The outfall for the project is the Collier Boulevard
Canal located along the western property boundary and the permitted maximum
discharge rate is 0.15 cfs per acre.
Natural ground elevation varies from 10.0' NGVD within the onsite wetland areas to
13.0' NGVD in the uplands. The average elevation being approximately 12.2' NGVD.
The entire site is located within FEMA Flood Zone "X" with the base flood elevation
undetermined.
1-1
_.
Agenda Item No. BC
April 26, 2005
Page 73 of 114
The water management system of the project proposes the construction of a perimeter
berm with crest elevation set at or above the 25-year, 3-day peak flood stage. Water
quality pretreatment is proposed in the on-site lake/natural vegetation areas prior to
discharge.
A water management system has been permitted by the South Florida Water
Management District (SFWMD) through the Environmental Resource Permit process.
Rules and regulations of SFWMD have been imposed upon this project including but
not limited to those relative to: storm attenuation, minimum roadway centerline,
perimeter berm and finished floor elevations, water, and wetland hydrology
maintenance. The existing permit and associated ACOE permit is proposed to be
amended reflecting the proposed development change and its drainage requirements.
However, the permit-associated conservation easement and associated
environmental permitting restrictions and requirements and wetland mitigation
requirements shall remain.
Per Collier County Soil Legend dated January 1990, the soil type found within the
limits of the property is predominately #18-Riveria Fine Sand, limestone substratum,
and areas of #16-0Idsmar Fine Sand and #10-0Idsmar Fine Sand, limestone
substratum.
The site vegetation consists primarily of slash pine, cabbage palm, and Cypress trees
with upland areas of Slash Pine and Saw Palmetto.
1.6 PROJECT DESCRIPTION
The Warm Springs RPUD is a project proposed for a maximum of 540 residential
units. These units are proposed to be developed as a multi-family project(s).
Recreational facilities and other facilities and services may be provided in conjunction
with the dwelling units. Residential land uses, recreational uses, if applicable, and
signage shall be designed to be harmonious with one another in a natural setting by
using common architecture, quality screening/buffering, and native vegetation,
whenever feasible. The Developer has committed to provide 10% of the constructed
dwelling units, by phase, under the provisions and restrictions of the County's
provisions for affordable housing. The owner occupied units shall minimally meet the
designation of moderate income level housing units.
1.7 PROJECT NAME
This Ordinance shall be known and cited as the "Warm Springs Residential Planned
Unit Development Ordinance"
1-2
Agenda Item No. BC
April 26, 2005
Page 74 of 114
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate and describe the project plan of the
development, relationships to applicable County ordinances, the respective land uses
within the project, as well as other project relationships.
2.2 GENERAL
A. Regulations for the development of the Warm Springs Residential RPUD shall
be in accordance with the contents of this Document, RPUD-Planned Unit
Development District and other applicable sections and parts of the Collier
County Land Development Code, or successor ordinance, and Collier County
Growth Management Plan in effect at the time of development order
application, where such standards are not otherwise addressed by this
Document or the RPUD Master Plan which is an attachment to this document.
Where these regulations fail to provide development standards, then the
provisions of the most similar district in the Collier County LDC.
The development of this RPUD shall be consistent with the RPUD Master Plan
and its provisions.
Additionally, development of this RPUD shall be govemed by and consistent
with the existing SFWMD ERP number 11-01973-P and the existing ACOE
permit number 200001393 (IP-DEY), as they may be amended. The
regulations contained within the LDC shall govern when more restrictive, unless
exempted by this document.
B. Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in the Collier County LDC, or successor ordinance, in effect
at the time of building permit application.
C. All conditions imposed and all graphic material presented depicting restrictions
for the development of the Warm Springs RPUD shall become part of the
regulations that govern the manner in which the RPUD site may be developed.
D. Unless modified, waived or excepted by this RPUD, the provisions of other
sections of the LDC where applicable remain in full force and effect with respect
to the development of the land which comprises this RPUD.
E. Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Chapter 6, Adequate Public
Facilities, of the Land Development Code, as may be amended or superceded.
2-1
Agenda Item No. BC
April 26, 2005
Page 75 of 114
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
The project Master Plan is illustrated graphically by Exhibit "B", RPUD Master Plan.
2.4 DESCRIPTION OF PROJECT DENSITY OR LAND USE INTENSITY
A maximum of 540 residential multi-family dwelling units shall be constructed in the
total project area. The gross project density, therefore, will be a maximum of 4.52
units per acre.
2.5 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREAS MAINTENANCE
Whenever the developer elects to create land area and/or recreation amenities whose
ownership and maintenance responsibility is a common interest to all of the
subsequent purchasers of the property within said development in which the common
interest is located, that developer entity shall provide appropriate legal instruments for
the establishment of a Property Owners' Association whose function shall include
provisions for the perpetual care and maintenance of all common facilities and open
space subject further to the provisions of the Section 2.03.06 of the LDC.
2-2
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Agenda Item No. BC
April 26, 2005
Page 76 of 114
SECTION III
RESIDENTIAL AREAS PLAN
3.1 PURPOSE
The purpose of this Section is to identify specific development standards for the land
uses as designated on the RPUD Master Plan.
3.2 MAXIMUM DWELLING UNITS
The maximum number of residential dwelling units within the RPUD shall be 540 units,
a gross density of 4.52 units per acre. Ten (10%) percent of the constructed units, by
phase, shall be affordable housing units.
3.3 PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land used, in
whole or in part, for other than the following:
A. Permitted Princioal Uses and Structures:
1. Multi-family dwellings (includes townhouses, garden apartments, villas,
coach homes, and carriage homes).
2. Neighborhood amenity recreational uses including, pools, tennis courts,
clubhouse, fitness center.
3. Offices, temporary sales trailers, and model units. A portion of the
clubhouse facilities may be utilized as a temporary sale facility. Sales
shall be limited to the onsite development.
4. Any other use deemed comparable in nature with the foregoing uses and
is approved through the applicable LDC process.
B. Permitted Accessorv Uses and Structures:
1. Customary accessory uses and structures including carports, garages,
and utility buildings.
2. Recreational uses and facilities including swimming pools, tennis courts,
volleyball courts, fishing docks, walking paths, picnic areas, recreation
buildings, and basketball/shuffle board courts.
3-1
_.,,--
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Agenda Item No. BC
April 26, 2005
Page 77 of 114
3. Any other use deemed comparable in nature with the foregoing uses and
is approved through the applicable LOG process.
G. General Permitted Uses:
The following uses are permitted through the developable acreage of the
RPUD.
1. Essential services, including interim and permanent utility and
maintenance facilities.
2. Water management facilities and related structures.
3. Temporary sewage treatment facilities.
4. Water management facilities and related structures including lakes with
bulkheads or other architectural or structural bank treatments.
5. Guardhouses, gatehouses, and access control structures.
6. Architectural features and elements including walls, fences, arbors,
gazebos and the like.
7. Temporary construction, sales, and administrative offices for the
developer and developer's authorized contractors and consultants,
including necessary access ways, parking areas and related uses.
8. Landscape I hardscape features including, but not limited to landscape
buffers, berms, fences, water features and walls.
9. Fill storage. site filling and grading.
10. Any other use deemed comparable in nature with the foregoing uses and
is approved through the applicable LOG process.
3.4 DEVELOPMENT STANDARDS:
A. GENERAL: All yards, setbacks, etc. shall be in relation to the individual parcel
boundaries, except as otherwise provided. See Table I.
3-2
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Agenda Item No. BC
April 26, 2005
Page 78 of 114
TABLE I
STANDARDS MUL TI-FAMIL Y
Minimum Lot Area 40,000 sf
Minimum Lot Width 1 00 ft
Front Yard Setback (1) 28 ft when separated by parking
from edge of driveway pavement 14 ft when not separated by parking
Side Yard Setback
1 Story 7.5ft
2 Story 10.0 ft
3 Story 12.5 ft
Accessory Structure 6.0 ft.
Neiahborhood Amenitv the greater of 10 ft or Y:z the height of structure
Rear Yard Setback
Principal Structure 20 ft
Accessory Structure 10 ft
Lake Setback (from control elevation) 20 ft
PUD Boundarv Setback
Principal Structure 75 ft
Accessory Structure 10 ft
Lake Setback (measured from control) 25 ft
Entrv Gate 1 00 ft
Preserve Setback
Principal Structure 25 ft
Accessorv Structure 10 ft
Distance Between Structures
MainlPrincipal
1-Story 15 ft
2-Story 20 ft
3-Story 25 ft
Neighborhood Amenity 25 ft
Accessory Structures 12 ft
Maximum Heiaht I Max. No. of Stories:
Principal Building 45 ft I 3 stories
Accessorv Buildina 35 ft I 2 stories
Minimum Floor Area 1 Bedroom = 750 Sq. Ft.
2 Bedroom = 900 Sq. Ft.
3 Bedroom = 1100 Sa. Ft.
TABLE 1 NOTES:
(1) Setback may include pedestrian sidewalk.
TABLE 1 GENERAL NOTES:
1. Caroorts are oermitted within oarkina areas.
3-3
Agenda Item No. BC
April 26, 2005
Page 79 of 114
3.5 Open Space Requirement:
60 percent minimum (71.67 acres)
3.6 Natural Habitat:
25 percent minimum (29.86 acres)
3.7 Conservation Area:
71.14 acres (existing SFWMD easement)
(includes drainage infrastructure as permitted by
SFWMD within conservation area, enhances
desirable hydration of wetlands) Transition grades
from the boundary of conservation areas shall be as
permitted by the SFWMD.
3.8 Architectural Standards:
All buildings, lighting, signage, landscaping and
visible architectural infrastructure shall be
architecturally and aesthetically unified. Said unified
architectural theme shall include: compatible
architectural design and use of compatible materials
and colors throughout all of the buildings, signs, and
fences/walls to be erected on all of the subject
parcels.
Landscaping and streetscape materials shall be the
primary unifying design element of the development.
3-4
Agenda Item No. 8C
April 26, 2005
Page 80 of 114
SECTION IV
PRESERVE AREAS PLAN
4.1 PURPOSE
The purpose of this Section is to identify specific development standards for the areas
designated as "Preserve" on the RPUD Master Plan, Exhibit "B".
4.2 PERMITTED USES
No building or structure or part thereof, shall be erected, altered or used, or land used,
in whole or in part, for other than the following, subject to regional state and federal
permits when required:
A. Principal Uses:
1 . Open spaces I nature preserves
B. Accessory Uses:
1. Jurisdictional agency permitted infrastructure improvements designed to
be an enhancement to conservation area lands, including water
management structures.
2. Supplemental landscape plantings, screening and buffering after
appropriate environmental approval.
4-1
\
Agenda Item No. 8C
April 26, 2005
Page 81 of 114
SECTION V
DEVELOPMENT COMMITMENTS
5.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of the project.
5.2 GENERAL
All facilities shall be constructed in strict accordance with the final site development
plan and all applicable State and local laws, codes, and regulations applicable to this
RPUD in effect at the time of approval. Except where specifically noted or stated
otherwise, the standards and specifications of the LDC shall apply to this project. The
developer, his successor and assigns, shall be responsible for the commitments
outlined in this document.
The developer, his successor or assignee, shall be bound the by the Master Plan and
the regulations of the RPUD, as adopted. In addition, any successor or assignee in
title to the developer is bound by the commitments within this Document.
5.3 RPUD MASTER PLAN
A. Exhibit "B" represents the RPUD Master Plan
B. All necessary easements, dedications, or other instruments shall be granted to
insure the continued operation and maintenance of all service utilities and all
common areas in the project.
5.4 SCHEDULE OF DEVELOPMENT I MONITORING REPORT AND SUNSET
PROVISION
A site development plan shall be submitted per County regulations in effect at time of
site plan submittal. The project is projected to be completed in one or two phases.
A. Monitoring Report: An annual monitoring report shall be submitted pursuant to
Section 1 O.02.13(F) of the Collier County LDC.
B. The Warm Springs RPUD shall be subject to the Sunset Provisions of Section
1 O.02.13(D) of the Collier County LDC.
5-1
Agenda Item No. 8C
April 26, 2005
Page 82 of 114
-
5.5 UTILITIES
The Developer shall provide a 30 foot by 50 foot public well easement abutting and
north of the 40 feet dedicated right-of-way. The applicant has tentatively located the
easement approximately 750 feet east of the southwest corner of the subject property.
Final location shall be determined at the time of site development plan permitting.
5.6 SIGNS
All signs shall be in accordance with Chapter 5 of the LDC.
5.7 LANDSCAPING REQUIREMENTS
A.
Landscape Buffers:
RPUD Perimeter Landscape Buffers and Other
Internally Required Landscape Buffers:
1. CR 951 Canal: Where abutting the residential development:
20 foot width, LDC Type D Buffer
2. Tree Farm Road: Where abutting the residential development:
20 foot width, LDC Type D Buffer
3. Conservation Area: No buffer is required, except as noted elsewhere in
this Document.
5.8 TRANSPORTATION
A. All traffic control devices, signs, pavement markings and design criteria
shall be in accordance with Florida Department of Transportation (FDOT)
Manual of Uniform Minimum Standards (MUMS), current edition, FDOT
Design Standards, current edition, and the Manual On Uniform Traffic
Control Devices (MUTCD), current edition. All other improvements shall
be consistent with and as required by the Collier County LDC.
B. Arterial level street lighting shall be provided at all access points. Access
lighting must be in place prior to the issuance of the first Certificate of
Occupancy (CO).
C. Access points, including both driveways and proposed streets, shown on
the RPUD Master Plan are considered to be conceptual. Nothing
depicted on any such Master Plan shall vest any right of access at any
specific point along any property frontage. All such access issues shall
be approved or denied during the review of required subsequent site plan
or final plat submissions. All such access shall be consistent with the
5-2
Agenda Item No. BC
April 26, 2005
Page 83 of 114
Collier County Access Management Policy (Res. 01-247), as it may be
amended from time to time, and with the Collier County Long-range
Transportation Plan. The number of access points constructed may be
less than the number depicted on the Master Plan; however, no
additional access points shall be considered unless a RPUD Amendment
is to be processed.
D. Site-related improvements (as apposed to system-related improvements)
necessary for safe ingress and egress to this project, as determined by
Collier County, shall not be eligible for impact fee credits. All required
improvements shall be in place and available to the public prior to the
issuance of the first CO.
E. Road impact fees shall be paid in accordance with Collier County
Ordinance 01-13, as amended, and Division 3.15. LDC, as it may be
amended.
F. All work within Collier County rights-of-way or public easements shall
require a Right-of-way Permit.
G. All proposed median opening locations shall be in accordance with the
Collier County Access Management Policy (Resolution 01-247), as it may
be amended, and the LDC, as it may be amended. Collier County
reserves the right to modify or close any median opening existing at the
time of approval of this RPUD which is found to be adverse to the health,
safety and welfare of the public. Any such modifications shall be based
on, but are not limited to, safety, operational circulation, and roadway
capacity.
H. Nothing in any development order shall vest a right of access in excess
of a right in/right out condition at any access point. Neither will the
existence of a point of ingress, a point of egress or a median opening,
nor the lack thereof, shall be the basis for any future cause of action for
damages against the County by the developer, its successor in title, or
assignee.
I. All internal roads, driveways, alleys, pathways, sidewalks and
interconnections to adjacent developments shall be operated and
maintained by an entity created by the developer and Collier Country
shall have no responsibility for maintenance of any such facilities.
J. If any required turn lane improvement requires the use of existing County
right-of-way or easement, compensating right-of-way, shall be provided
without cost to Collier County as a consequence of such improvement.
The donated 40' right-of-way shall satisfy this requirement for future turn
5-3
Agenda Item No. 8C
April 26, 2005
Page 84 of 114
~_ lanes on Tree Farm Road. The developer as outlined in the Developer
contribution agreement as it relates to the Warm Springs PUD will pay for
the turn lane improvements on Tree Farm Road.
K. If, in the sole opinion of Collier County, a traffic signal, or other traffic
control device, sign or pavement marking improvement within a public
right-of-way or easement is determined to be necessary, the developer
shall contribute its fair share contribution toward the cost of any such
improvement. Such traffic signals shall be owned, operated and
maintained by the county.
L. The developer shall share in the design and construction costs of
upgrading existing Tree Farm Road to minor collector status. These
upgrades include improvements to the actual roadway and associated
utilities including water and sewer facilities.
M. The developer shall share in the design and construction costs of
upgrading the bridge over the Big Cypress Canal. These upgrades
include sidewalks on each side of the roadway component of the bridge
together with an additional turn-lane.
N. The developer shall share in the costs incurred for the design and
construction of the right turn lane on the northbound side of Collier
Boulevard (CR #951) onto Tree Farm Road.
O. The developer shall provide the on-site water management facilities
associated with the upgrade of Tree Farm Road to minor collector status.
P. Full access from the development onto Tree Farm Road shall be allowed
at the first entrance. Once the second entrance from Tree Farm Road
into the development is completed, the access at the first entrance point
may be limited to egress only, if deemed warranted by the County.
a. The developer shall pay all actual costs incurred for the design and
construction of an eastbound left turn lane and a westbound right turn
lane from Tree Farm Road leading into the development.
R. The details of the payment of costs associated with the transportation
improvements for the project are set forth in a Developers Contribution
Agreement by and between the developer and Collier County dated
January 11, 2005.
5-4
Agenda Item No. 8C
April 26, 2005
Page 85 of 114
5.9 ENVIRONMENTAL
A. This RPUO shall be consistent with the Environmental section of the GMP
Conservation and Coastal Management Element and the lOC at the time
of final development order approval.
B. All conservation areas shall be designated as tracts/easements with
protective covenants. Easements shall be dedicated on the plat to the
homeowner's association for ownership and maintenance and to Collier
County with no responsibility for maintenance.
C. All Category I invasive exotic plants, as defined by the Florida Exotic
Pest Plant Council, shall be removed from within preserve areas and
subsequent annual removal of these plants (in perpetuity) shall be the
responsibility of the property owner.
D. A Preserve Area Management Plan shall be provided to Environmental
Staff for approval prior to site construction plan approval identifying
methods to address treatment of invasive exotic species, fire
management, and maintenance.
E. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be
submitted prior to final Site Plan Construction approval.
F. This RPUO shall comply with the guidelines of the USFWS and FFWCC
for impacts to protect species. A Habitat Management Plan for those
species shall be submitted to environmental review staff for review and
approval prior to Site Plan approval.
G. All principal structures shall have a minimum setback of 25' from the
boundary of any preserve. Accessory structures and all other site
alterations shall have a minimum 10 foot setback.
5.10 ARCHAEOLOGICAL RESOURCES
Pursuant to Section 2.03.06(E) of the lOC, if, during the course of site clearing,
excavation or other construction activity an historic or archaeological artifact is found,
all development within the minimum area necessary to protect the discovery shall be
immediately stopped and the Collier County Code Enforcement Department contacted.
5.11 POLLING PLACES
Pursuant to Section 2.01.04 of the lOC provision shall be made for the future use of
building space within common areas for the purposes of accommodating the function
of an electoral polling place. An agreement recorded in the official records of the Clerk
5-5
Agenda Item No. BC
April 26, 2005
Page 86 of 114
of the Circuit Court of Collier County, which shall be binding upon any and all
successors in interest that acquire ownership of such commons areas including, but
not limited to, condominium associations, homeowners associations, or tenants
associations. This agreement shall provide for said community recreation/public
building/public room or similar common facility to be used for a polling place if
determined to be necessary by the Supervisor of Elections.
5.12 AFFORDABLE HOUSING COMMITMENT
Ten (10%) percent of the constructed dwelling units, by phase, shall be affordable
housing units, minimally meeting the moderate income level thresholds established by
the County. Additionally, the Developer shall comply with the applicable provisions,
policies and procedures of the County's affordable housing program. No density
bonus units shall be awarded for this commitment. These created units shall be owner
occupied housing.
5.13 DEVIATIONS
Deviation from LDC Chapter 3.05.07 to allow alternative design for the Conservation
Buffer where abutting residential development: Setback shall be grass or landscaped
and no vegetative buffer shall be required except as provided for by the existing
SFWMD permit, as may be amended. Where development tract(s) abut the
conservation easement, a continuous hedge, 4 feet in height at installation and to be
maintained at a height of 6 feet, shall be provided within the setback area to provide
for a structural buffer. Shade trees or palms shall complement the hedge with a
minimum spacing of 1 per 25 feet and trees and/or palms shall have an overall height
of 10 feet at installation. Required hedge and trees and/or palms shall be native.
5-6
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I
HICAEI ACADEMY PUI
I 'lA.IED uln DEIElIPIIEIT
PREPARED FOR:
BARTON AND WENDY MCINTYRE
2200 Santa Barbara Bouleyard
NAPLES, FLORIDA 34116
and
JOSEPH MAGDALENER
540 INLET DRIVE
MARCO ISLAND, FLORIDA 34145
PREPARED BY:
WILLIAM L HOOVER, AlCP
HOOVER PLANNING & DEVELOPMENT, INC.
3785 AIRPORT ROAD N., SUITE B-1
NAPLES, FLORIDA 34105
and
JEFFREY L. DAVIDSON, P.E.
DAVIDSON ENGINEERING, INC.
2154 TRADE CENTER WAY, SUITE 3
NAPLES, FLORIDA 34109
Agenda Item No. 8C
April 26. 2005
Page 88 of 114
DATE FILED JanuarY 8. 2003
DATE REVISED May 6. 2003
DATE REVIEWED BY CCPC
DATE APPROVED BY Bce. J~~ ..1.tt>?J
ORDINANCE NUMBER. ___ ..(d-
EXHIBIT "A"
\
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TABLE OF CONTENTS
TABLE OF CONTENTS
LIST OF EXHIBITS
STATEMENT OF COMPLIANCE
SECTION I PROPERTY OWNERSHIP AND DESCRIPTION
SECTION II PROJECT DEVELOPMENT REQUIREMENTS
SECTION III RESIDENTIAL AREAS PLAN
SECTION IV PRESERVE AREAS PLAN
SECTION V DEVELOPMENT COMMITMENTS
ji
'--.-.
Agenda Item No. BC
April 26, 2005
Page 89 of 114
~
ii
iii
1
3
5
8
12
13
----- ...--------
EXHIBIT "A"
EXHIBIT "B"
.--
Agenda Item No. 8C
April 26. 2005
Page 90 of 114
LIST OF EXHIBITS
PUD MASTER PLAN
PUD CONCEPTUAL UTILlTY/WATER MANAGEMENT PLAN
Hi
-~-~...... -'
Agenda Item No. BC
April 26, 2005
Page 91 of 114
STATEMENT OF COMPUANCE
The development of approximately 119± acres of property in CoWer County, as a
Planned Unit Development to be known as the Nicaea Academy PUD wiU be in
compliance with the planning goals and objectives of Collier County as set forth- in the
Collier County Growth Management Plan. The residential facilities of the Nicaea
Academy PUD will be consistent with the growth policies, land development regulations,
and applicable comprehensive planning objectives for the following reasons:
1. The subject property's location in relation to existing or propoSed community
facilities and services permits the development's residential density as described
in Objective 2 of the Future Land Use Element.
2. The project development is compatible and complimentary to surrounding land
uses as required in Policy 5.4 of the Future Land Use Element.
3. Improvements are planned to be in compliance with applicable sections of the
Collier County land Development Code as set forth In Objective 3 of the Future
land Use Element.
4. The project development is planned to protect the functioning of natural drainage
features and natural groundwater aquifer recharge areas as described in
Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element.
5. The project is located within the Urban Mixed Use District, Urban Residential
Subdistrict, on the Future land Use Map. The wester1y side of the project has
40.7 acres of the project located within the Residential Density Band around the
Immokalee Road/Collier Boulevard Activity Center and the remaining 78.3 acres
of the project are outside this Residential Density Band. The 250 proposed units
and resultant density of 2.1 dwelling units per acre is in compliance with the
Future land Use Element of the Growth Management Plan based on the
following relationships to required criteria:
40.7 Acres for an Urban Proiect Inside a Residential Densitv Band
Base Density 4 dwelling units/acre
Residential Densitv Band +3 dwellina units/acre
Maximum Permitted Density 7 dwelling units/acre
78.3 Acres for an Urban Proiect Outside a Residential Densitv Band
Base Densitv 4 dwellina units/acre
Maximum Permitted Density 4 dwelling units/acre
.__....___._m_ ______.._. .---
Agenda Item No. 8C
April 26, 2005
Page 92 of 114
Maximum permitted units = 40.7 acres x 7 dwelling units/acre = 285 units
plus maximum permitted units = 78.3 acres x 4 dwelling units/acre = ·313.
units for a total maximum number of 598 dwelling units at a maximum
density of 5.03 dwelling units/acre.
Requested dwelling units = 250.
Requested density = 2.1 dwelling units/acre.
6. All final local development orders for this project are subject to Division 3.15,
Adequate Public Facilities, of the Collier County Land Development Code.
2
..~,-_._.
Agenda Item No. BC
April 26. 2005
Page 93 of 114
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the
property, and to describe the existing conditions of the property proposed to be
developed under the project name of the Nicaea Academy PUD.
1.2 LEGAL DESCRIPTION
The subject property being 119± acres is fully described as the South 37 of the
South Y.! of the South Y.! less the west 100 feet thereof; and the South ¥.! of the
North 1h of the South 1h of the South 1h less the west 100 feet thereof; all in
Section 26, Township 48 South, Range 26 East, Collier County, Florida.
1.3 PROPERTY OWNERSHIP
The subject property is owned by Barton and Wendy Mcintyre, 2200 Santa
Barbara Boulevard, Naples, Florida 34116. The westerly 8 acres of the subject
property is under purchase contract by Joseph Magdalener, 540 Inlet Drive,
Marco Island, Florida 34145 and the easterly 111 acres of the subject property
is under purchase contract by Jacob Nagar, P.O. Box 12228, Naples, Florida
34101.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The subject property is located on the eastem side of Collier Boulevard
just south of the Crystal Lake PUD (unincorporated Collier County),
Florida.
B. The entire project site currently has PUD Zoning and is proposed to be
rezoned to PUD.
1.5 PHYSICAL DESCRIPTION
The project site is primarily located within the Cocohatchee Drainage Basin
according to the Collier County Drainage Atlas. The proposed outfall for the
project is the Collier Boulevard Canal located along the western property
boundary.
Natural ground elevation varies from 10.0' NGVD within the onstte wetland areas
to 13.0 feet NGVD in the uplands. The average elevation being approximately
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Agenda Item No. 8C
April 26, 2005
Page 94 of 114
12.2 feet NGVD. The entire site is located within FEMA Flood Zone "X" with.the
base flood elevation undetermined.
The water management system of the project proposes the construction of a
perimeter berm with crest elevation set at or above the 25-year, 3--day peak flood-
stage. Water quality pretreatment is proposed in the on-site lake/natural
vegetation areas prior to discharge.
The water management system will be permitted by South Florida Water
Management District (SFWMD) through the Environmental Resource Permit
process. All rules and regulations of SFWMD will be imposed upon this project
including but not limited to: storm attenuation, minimum roadway centerline,
perimeter berm and finished floor elevations, water, and wetland hydrology
maintenance.
Per Collier County Soil Legend dated January 1990, the soil type found within
the limits of the property is predominately #18-Riveria Fine Sand, limestone
substratum, and areas of #16-0Idsmar Fine Sand and #10-0Idsmar Fine Sand,
limestone substratum.
The site vegetation consists primarily of slash pine, cabbage palm, and cypress
trees with upland areas of slash pine and saw palmetto.
1.6 PROJECT DESCRIPTION
The Nicaea Academy PUD is a project proposed for a maximum of 250
residential units. 125 dwelling units are authorized to obtain building permits
upon the effective date of this Ordinance and the remainder of the 125 dwelling
units shall be authorized to obtain building permits upon the completion of C.R.
951 at a six-lane condition. Recreational facilities and other facilities and
services will be provided in conjunction with the dwelling units. Residential land
uses, recreational uses, and signage are designed to be harmonious with one
another in a natural setting by using common architecture, quality
screeninglbuffering, and native vegetation, whenever feasible.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "Nicaea Academy Planned Unit
Development Ordinance".
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Agenda Item No. 8C
April 26, 2005
Page 95 of 114
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project
plan of development, relationships to applicable County ordinances, the
respective land uses of the tracts included in the project, as well as other project
relationships. .
2.2 GENERAL
A. Regulations for development of the Nicaea Academy PUD shall be in
accordance with the contents of this Document, PUD - Planned Unit
Development District and other applicable sections and parts of the Collier
County Land Development Code and Growth Management Plan in effect
at the time of issuance of any development order to which said regulations
relate, which authorizes the construction of improvements, such as but not
limited to final subdivision plat, final site development plan, excavation
permit and preliminary work authorization. Where these regulations fall to
provide developmental standards, then the provisions of the most similar
district in the Land Development Code shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as
the definitions set forth in the Collier County Land Development Code in
effect at the time of building permit application.
C. All conditions imposed and graphic material presented depicting
restrictions for the development of the Nicaea Academy PUD shall
become part of the regulations, which govern the manner in which the
PUD may be developed.
D. All applicable regulations, unless specifically waived through a variance or
separate provision provided for in this PUD Document, shall remain in full
force and effect.
E. Development pennitted by the approval of this petition will be subject to a
concurrency review under the provisions of Division 3.15, Adequate Public
Facilities of the Collier County Land Development Code.
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Agenda Item No. 8C
April 26, 2005
Page 96 of 114
2.3 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES
A maximum of 250 dwelling units shall be constructed in the residential areas of
the project. 125 dwelling units are authorized to obtain building permits upon the
effective date of this Ordinance and the remainder of the 125 dwelling units shall
be authorized to obtain building permits upon the completion of C.R. 951 at a
six-lane condition. The gross project area is 119± acres. The gross project
density shall be a maximum of 2.1 units per acre.
2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. The general configuration of the land uses are illustrated graphically on
Exhibit "A", PUD Master Plan, which constitutes the required PUD
Development Plan. Any division of the property and the development of
the land shall be in compliance with the PUD Master Plan, Division 3.2
Subdivisions of the Land Development Code, and the platting laws of the
State of Florida.
B. The provisions of Division 3.3, Site Development Plans of the land
Development Code, when applicable, shall apply to the development of an
platted tracts. or parcels of land as provided in said Division 3.3 prior to
the issuance of a building permit or other development order.
C. Appropriate instruments will be provided at the time of infrastructural
improvements regarding any dedications to Collier County and the
methodology for providing perpetual maintenance of common facilities.
2.5 MODEL UNITS AND SALES FACILITIES
A. In conjunction with the promotion of the development, residential units
may be designated as models. Such model units shall be governed by
Section 2.6.33.4 of the Collier County Land Development Code.
B. Temporary sales trailers and construction trailers can be placed on the
site after site development plan approval and prior to the recording of
subdivision plats. subject to the requirements of Section 2.6.33.3 of the
Land Development Code.
2.6 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL
The excavation of earthen material and its stock-piling in preparation of water
management facilities or to otherwise develop water bodies is hereby permitted.
Off-site disposal is also hereby permitted subject to the following conditions.
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Agenda Item No. BC
April 26, 2005
Page 97 of 114
A. Excavation activities shall comply with the definition of a ·develop~ent
excavation" pursuant to Section 3.5.5.1.3 of the Land Development Code,
whereby off-site removal shall be limited to 10 percent of the total volume
excavated but not to exceed 20,000 cubic yards.
B. All other provisions of Division 3.5, Excavation, of the Land Development
Code shall apply.
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Agenda Item No. BC
April 26, 2005
Page 98 of 114
SECTION In
RESIDENTIAL AREAS PLAN
3.1 PURPOSE
The purpose of this Section is to identify specific development standards for the
Residential Areas as shown on Exhibit "A", PUD Master Plan.
3.2 MAXIMUM DWELLING UNITS
The maximum number of residential dwelling units within the PUD shall be 250
units. 125 dwelling units are authorized to obtain building permits upon the
effective date of this Ordinance and the remaining 125 dwelling units shall be
authorized to obtain building permits upon the completion of C.R. 951 at a six-
lane condition.
3.3 PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Permitted Princical Uses and Structures:
1. Single-family dwellings (includes zero-lot line).
2. Two-family dwellings and duplexes.
3. Multi-family dwellings (includes townhouses and garden
apartments).
4. Any other use, which is comparable in nature with the foregoing
uses, consistent with the permitted uses of this PUD as determined
by the Board of Zoning Appeals.
B. Permitted Accessory Uses and Structures:
1. Customary accessory uses and structures including carports.
garages, and utility buildings.
2. Recreational uses and facilities including swimming pools, tennis
courts, volleyball courts, fishing docks, walking paths, picnic areas,
recreation buildings, and basketball/shuffle board courts.
3. Manager's residences and offices, and model units.
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Agenda Item No. 8C
April 26, 2005
Page 99 of 114
4. Gatehouse.
5. Essential services, including interim and permanent utility and
maintenance facilities.
6. Water management facilities. Such facilities may be incorporated
within the Native Habitat Areas upon receipt of all agency permits
and only if the clearing for such facilities does not cause the native
vegetation acreage to go below 71.15 acres.
7. Recreational facilities such as boardwalks, walking paths and picnic
areas, within any Natural Habitat Area. Such facilities may be
incorporated with the Native Habitat Areas upon receipt of all
agency permits and only if the clearing for such facilities does not
cause the native vegetation acreage to go below 71.15 acres.
8. Supplemental landscape planting within Natural Habitat Areas,
after the appropriate environmental review.
9. Any other use, which is comparable in nature with the foregoing
uses, consistent with the accessory uses of this PUO as
determined by the Board of Zoning Appeals.
3.4 DEVELOPMENT STANDARDS
A. Table I sets forth the development standards for land uses within the
Nicaea Academy PUD. Front yard setbacks in Table I shall be measured
as follows:
1. If the parcel is served by a public or private right-of-way, the
setback is measured from the adjacent right-ot-way line.
2. If the parcel is served by a non-platted private drive, the setback is
measured from the back of curb or edge of pavement. If the parcel
is served by a platted private drive, the setback is measured from
the road easement or property line.
3. Carports are permitted within parking areas and garages are
permitted at the edge of vehicular pavements in multi-family
projects.
9
3 stories with a maximum of
45'
20'(Clubhouse 35')
1 Bedroom :: 750
2 Bedroom == 900
3 Bedroom = 1100
(1) May be reduced on cul-de-sac lots and lots on the inside part ot curved streets by 25%.
(2) Minimum lot frontage In parenthesis applies in cases where a dwelling unit in a 2-family
structure Is on an Individually platted lot.
(3) All 3-story buildings shall be set back a minimum of seventy-five (75) feet from the southern
and northern PUD boundary lines.
(4) Lake setbacks are measured from the control elevation established tortM lake.
STANDARDS
Minimum Lot Area (cer unlO
Minimum Lot Width
Front Yard Setback
Side Yard Setback
1 Story
2 Story
3 Story
Accessory Structure
Rear Yard Setback
Principal Structure
Accessory Structure
PUD Boundarv Setback
Principal Structure
Accessory Structure
Lake Setback (4)
Ueland Native Habitat Setback
Principal Structure
Accessory Structure
Wetland Preserve Area Setback
Distance Between Structures
Main/Principal
1-Story
2-Story
3-Story
Accessory Structures
f'y1aximum Helaht:
Principal Building
Accessory Building
Minimum Floor Area
Agenda Item No. BC .
April 26, 2005
Page 100 of 114
TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
§INGLEoFAMIL Y 1)\'Q-FAMIL Y MUL TI-FAMIL Y.
7,000 Sq. Ft. 5,000 Sq. Ft. NA
60' Interior Lots (1) 90'Interior Lots (1) NA
(45')(2)
70' Comer Lots 110' Comer Lots NA
(55')(2)
23' 23' 15'
0' & 12' or both 6' 0' & 12' or both 6' 7.5'
0' & 15' or both 7.5' 0' & 15' or both 7.5' 10'
Not Applicable Not Applicable 12.5'
6' 6' 6'
20' 20' 20'
10' 10' 10'
20' 20' 20' (3)
20' 20' 10'
20' 20' 20'
25' 25' 25'
10' 10' 10'
25' 25' 25'
12' 12' 15'
15' 15' 20'
Not Applicable Not Applicable 25'
12' 12' 12'
a 2 stories with a
maximum of 35'
20'(Clubhouse 35')
1100 Sq. Ft.
2 stories with
maximum of 35'
20' (Clubhouse 35')
1200 Sq. Ft.
Sq. Ft.
Sq. Ft.
Sq. Ft.
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Agenda Item No. 8C
April 26, 2005
Page 101 of 114
B. Off-Street Parkina and Loadina Reauirements:
Parking shall be as required by Division 2.3 of the Land Development
Code in effect at the time of building permit application.
C. ODen Beace/Natural Habitat Preserve Area Reauirements:
1. A minimum of sixty (60) percent open space, as described in
Section 2.6.32 of the Land Development Code, shall be provided
on-site for any residential project.
2. A minimum of 71.15 acres of Natural Habitat Areas or Preserve
Areas shall be provided on-site, including both the understory and
the ground cover emphasizing the largest contiguous area
possible. These Natural Habitat Areas or Preserve Areas shall
consist of at least 71.15 acres of native vegetation that is retained
on-site as shown on the PUD Master Plan.
D. LandscaDina and Bufferina Reauirements:
1. If landscape buffers are determined to be necessary adjacent to
wetland preserve areas, they shall be separate from those preserve
areas.
2. Landscaping and buffering shall be provided per Division 2.4. of the
Collier County Land Development Code.
E. Architectural Standards
All buildings, lighting, signage, landscaping and visible architectural
infrastructure shall be architecturally and aesthetically unified. Said
unified architectural theme shall include: a similar architectural design and
use of similar materials and colors throughout all of the buildings. signs,
and fences/walls to be erected on all of the subject parcels. Landscaping
and streetscape materials shall also be similar in design throughout the
subject site. All roofs, except for carports, shall be peaked and finished in
tile, metal, or architecturally-designed shingles (such as Timbertine).
F. ~
Signs shall be permitted as described within Division 2.5 of the Collier
County Land Development Code.
II
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Agenda Item No. 8C
April 26, 2005
Page 102 of 114
SECTION IV
PRESERVE AREAS PLAN
4.1 PURPOSE
The purpose of this Section is to· identify specific development standards for the
Preserve Areas as shown on Exhibit "A·, PUD Master Plan.
4.2 PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. eermitted PrinciDal Uses and Structures:
1. Passive recreational areas.
2. Biking, hiking, and nature trails, and boardwalks.
3. Water management structures.
4. Native preserves and wildlife sanctuaries.
5. Supplemental landscape planting, screening and buffering within
the Natural Habitat Preserve Areas, may be approved after
Planning Services Environmental Staff review. All supplemental
ptantings within the Preserve Areas may be 100% indigenous
native species.
6. Any other use, which is comparable in nature with the foregoing
uses and consistent with the permitted uses of this PUD as
determined by the Board of Zoning Appeals.
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Agenda Item No. 8C
April 26. 2005
Page 103 of 114
SEC110N V
DEVELOPMENT COMMITMENTS
5.1 PURPOSE
The purpose of this Section is to sefforth the commitments for the development
of this project.
5.2 GENERAL
All facilities shall be constructed in strict accordance with final site development
plans, final subdivision plans and all applicable State and local laws, codes, and
regulations applicable to this PUD, in effect at the time of final plat, final site
development plan approval or building permit application as the case may be.
Except where specifically noted or stated otherwise, the standards and
specifications of the official County Land Development Code shall apply to this
project even if the land within the PUD is not to be platted. The developer, his
successor and assigns, shall be responsible for the commitments outlined in this
document.
The developer, his successor or assignee, shall follow the PUD Master Plan and
the regulations of this PUD as adopted and any other conditions or modifications
as may be agreed to in the rezoning of the property. In addition, any successor
in title or assignee is subject to the commitments within this Document.
5.3 PUD MASTER PLAN
A. Exhibit "A", PUD Master Plan illustrates the proposed development and is
conceptual in nature. Proposed area, lot or land use boundaries or
special land use boundaries shall not be construed to be final and may be
varied at any subsequent approval phase such as final platting or site
development plan approval. Subject to the provisions of Section 2.7.3.5
of the Collier County Land Development Code, amendments may be
made from time to time.
B. All necessary easements, dedications, or other instruments shall be
granted to insure the continued operation and maintenance of all service
utilities and all common areas in the project.
5.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT
A site development plan shall be submitted per County regulations in effect at
time of site plan submittal. The project is projected to be 'completed in one or
two phases.
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Agenda Item No. 8C
April 26. 2005
Page 104 of 114
A.
The landowners shall proceed and be governed according to the time
limits pursuant to Section 2.7.3.4 of the Land Development Code.
B.
Monitorina Reoort: An annual monitoring report shall be submitted
pursuant to Section 2.7.3.6 of the Collier County LDC. The monitoring
report shall be accompanied by an affidavit stating that representations
contained therein are true and correct.
5.5 ENGINEERING
A. Detailed paving, grading, site drainage and utility plans shall be submitted
to the Development Services Department for review. No construction
permits shall be issued unless and until approval of the proposed
construction, in accordance with the submitted plans, is granted by the
Development Services Department.
B. Design and construction of all improvements shall be subject to
compliance with appropriate provisions of the Collier County Land
Development Code.
C. The developer and its successors and assigns shall be required to satisfy
the requirements of all County ordinances or codes in effect prior to or
concurrent with any subsequent development order relating to this site.
D. Prior to final site development plan approval a right-of-way permit shall be
obtained, if required.
5.6 WATER MANAGEMENT
A. Detailed paving. grading, site drainage and utility plans shall be submitted
to the Development Services Department for review. No construction
permits shall be issued unless and until approval of the proposed
construction, in accordance with the submitted plans, is granted by the
Development Services Department.
B. Design and construction of all improvements shall be subject to
compliance with the appropriate provisions of the Collier County Land
Development Code.
C. A surface water management permit must be obtained from the South
Florida Water Management District.
D. No clearing or excavation is allowed until proper vegetation removal and
excavation permits are obtained.
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Agenda Item No. BC
April 26, 2005
Page 105 of 114
5.7 UTILITIES
A. Water distribution, sewage collection and transmission and interim water
and/or sewage treatment facilities to serve the project are to be designed,
constructed, conveyed, owned and maintained in accordance with Collier
County Ordinance No, 01-57, as amended, and other applicable County
rules and regulations.
B. All customers connecting to the water distribution and sewage collection
facilities to be constructed will be customers of Collier County and wi". be
billed by the County in accordance with the County's established rates.
5.8 TRAFFIC
The development of this .PUD shall be subject to and governed by the following
stipulations:
A. All traffic control devices and design criteria used shall be in accordance
with the minimum standards as adopted by the Florida Department of
Transportation (FOOT), as amended, and as required by Florida Statutes
- Chapter 316, Uniform Traffic Control Law.
B. All traffic speed limit postings shall be in accordance with the minimum
standards as adopted by the Florida Department of Transportation
(FOOT) - Speed Zoning Manual, as amended, and as required by Florida
Statutes - Chapter 316, Uniform Traffic Control Law.
C. Arterial level street lighting shall be provided at all development points of
ingress and egress. Said lighting must be in place prior to the issuance of
the first permanent certificate of occupancy (CO).
D. External and internal improvements determined by Collier County
Transportation Staff to be essential to the safe ingress and egress to the
development will not be considered for impact fee credits. All such
improvements shall be in place prior to the issuance of the first CO.
E. Road Impact Fees shall be paid in accordance with Collier County
Ordinance 01-13, as amended.
F. Access to the Nicaea Academy PUD shall be from Tree Farm Road only.
Any and all points of ingress and/or egress as shown on any and all plan
submittal(s), are conceptual in nature and subject to change as
determined by Collier County Transportation Staff. Collier County
Transportation Staff reserves the right to modify, or close any ingress
15
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Agenda Item No. 8C
April 26, 2005
Page 106 of 114
and/or egress location(s) determined to have an adverse effect on the
health, safety and welfare of the public. These include, but are not lim'lted
to: safety concerns, operational circulation issues and roadway capacity
problems.
G. Any and all median opening locations shall be in accordance with the
Collier County Access Management Policy, as amended, and Land
Development Code, as amended. Median access and control will remain
under Collier County Transportation Staff authority. Collier County
Transportation Staff reserves the right to modify or close any median
opening{s) determined to have an adverse effect on the health, safety. and
welfare of the public. These include, but are not limited to: safety
concems, operational circulation issues and roadway capacity problems.
H. Nothing in any development order will vest the right of access over and
above a right in/right out condition. Neither will the existence of a point of
ingress, egress anellor median opening, nor the lack thereof, be the basis
for any future cause of action for damages against the County by the
developer(s), its successor{s) In title, or assignee(s).
I. The development shall be designed to promote the safe travel of all users
including pedestrians and bicyclists. To ensure this the following shall be
the minimum requirements provided:
1. Pedestrian Travel Ways:
a. On local roadways, sidewalks shall be a minimum of five feet in
width.
b. On collector and arterial roadways, sidewalks shall be a minimum of
six feet in width.
2. Bicycle Travel Ways:
a. On local roadway bike lanes are not required. However, it is
preferred that travel lanes be a minimum of twelve feet In width so as
to accommodate bicyclists.
b. On collector and arterial roadways in addition to the vehicular travel
lanes bike lanes shall be provided and they shall be a minimum four
feet in width when there is curb and gutter and five feet in width when
there is no curb and gutter.
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Agenda Item No. 8C
April 26, 2005
Page 107 of 114
Pedestrian and bicycle travel ways shall be separated from vehicular
traffic areas in accordance with recognized standards and safe practices,
as determined by Collier County Transportation Staff.
J. The developer(s), its successor(s) in title, or assignee(s), shall be
responsible for the cost of any and all traffic signal(s), at any and all
development entrance(s), when determined warranted and approved by
Collier County Transportation Staff. When warranted, upon the
completion of the installation, Inspection, bum-in period, and final
approval/acceptance of any and all traffic signal(s), said traffic signa/(s}
shall be tumed over (for ownership) to Collier County, and will then be
operated and maintained by Collier County Transportation Operations
Department. Any negotiations relevant to "fair share" payment(s). or
reimbursement(s), from any and all other neighboring
developer(s)/property owner(s), that directly benefit from said traffic
signal(s), will be determined based upon percentage of usage/impact.
K. The developer(s} shall provide any and all site related transportation
improvement(s) including, but not limited to, any and all necessary turn
Jane(s) improvement(s) at the development entrance(s) prior to the
issuance of the first permanent CO. Said improvements are considered
site related, and therefore, do not qualify for impact fee credits. When
said turn lane improvement(s), whether left turn lane(s) and/or right turn
lane(s), are determined to be necessary, right-of-way and/or
compensating right-of-way, shall be provided in conjunction with said
improvement(s), as determined by Collier County Transportation Staff.
L. All work within Collier County rights-of-way shall meet the requirements of
the Collier County Right-o'-Way Ordinance Number 03-37, as amended.
M. All internal access(es), drive aisle(s), and sidewalk(s), not located within
County rights-of-way, will be privately maintained by an entity created by
the developer(s), its successor(s) in title, or assignee(s).
N. Joint/shared access{es) may be required by Collier County Transportation
Staff, as a condition of site development plan approval.
O. Frontage, midpoint and/or reverse frontage (backside) interconnection(s)
may be required by Collier County Transportation Staff, as a condition of
site development plan approval.
P. Prior to development of any and all portion(s) of any and all
development(s), site development plan approval shall be
obtaíned/received from Collier County Transportation Staff.
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Agenda Item No. BC
April 26. 2005
Page 108 of 114
a. In the event that Tree Farm Road, a private road, is used for access to the
sl1e, the road and bridge crossing of the canal shall be improved to
County standards up to the project's entrance points prior to issuance of
the first CO. The final access location points shall be approved at the
time of sl1e development plan submittal. At this time, the deveioper shall
provide evidence that it can utilize Tree Farm Road for project access
pending title search ownership results.
R. If a gate is proposed at any and/or all development entrance(s) the gates
shall be designed so as not to cause vehlcies to be backed up onto any
and all adjacent roadways. To ensure this result the following shall be'the
minimum requirements:
1. The minimum throat depth from the nearest intersecting roadway edge
of pavement shall be no less than 100 feet to the key pad/phone box for
the proposed gate(s).
2. A turn around area of sufficient width and inside turning radii shall be
provided between the aforementioned key pad/phone box and the
proposed 9ate(s).
S. The southernmost 40 feet of the parcel shall be reserved for right-of-way
and shall be deeded to Collier County, at no cost to Collier County, within
90 days of receipt of notification by the Collier County Transportation
Services Department that the property is needed for the purpose of
providing a right-of-way for Tree Farm Road Improvements.
T. To assure maximum safety and mobility along the CR 951 corridor and to
achieve maximum access potential for indMdual properties,
Transportation Services Staff recommends that the developer of this
property pursue a mutual agreement with neighboring property owners to
gain access via Tree Farm Road. Transportation Staff will support a full
median opening at the intersection of CR- 951 and Tree Farm Road or
near by alternate location at such time as the adjoining property owners
agree to dedicate the necessary right-of-way and construct Tree Farm
Road in accordance with County standards from the East side of the
Collier Boulevard Canal to one half mile east of Collier Boulevard.
18
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Agenda Item No. BC
April 26, 2005
Page 109 of 114
5.9 PLANNING
A. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during
the course of site clearing, excavation or other construction activity a
historic or archaeological artifact is found, all development within the
minimum area necessary to protect the discovery shall be immediately
stopped and the Collier County Code Enforcement Department contacted.
B. If interconnections to existing and future developments are provided, the
interconnection shall include sufficient right-of-way to accommodate the
roadway, sidewalks, and bike lanes. Sidewalks and bike lanes shall be
constructed concurrently with the roadway.
C. Sidewalks shall connect on-site multifamily residential building(s) to a
sidewalk within a public roadway or, if no sidewalk exists, to the right-of-
way line in accordance with Subsection 3.2.8.3.17 of the Land
Development Code. Should a two-directional shared use path be utilized,
the minimum paved width shall be 10 feet.
5.10 ENVIRONMENTAL
A. Environmental permitting shall be in accordance with the State of Florida
Environmental Resource Permit Rules and be subject to review and
approval by the Environmental Services Staff. Removal of exotic
vegetation shall not be counted towards mitigation for impacts to Collier
County jurisdictional wetlands.
B. The developer shall comply with the guidelines and recommendations pf
the Florida Fish and Wildlife Conservation Commission (FFWCC)
regarding impacts to protected wildlife species.
C. An exotic vegetation removal, monitoring, and maintenance (exotic-free)
plan for the site, with emphasis on the conservation/preservation areas,
shall be submitted to Environmental Services Staff for review and
approval prior to final site development plan/construction plan approval.
This plan shall include the methodology and a time schedule for removal
of exotic vegetation within the conservation/preservation areas.
D. All conservation areas shall be designated as conservation/preservation
tracts or easements on all construction plans and shall be recorded on the
plat with protective covenants per or similar to Section 704.06 of the
Florida Statutes. Buffers shall be provided in accordànce with Subsection
3.2.8.4.7.3 of the Land Development Code.
19
"-.,
--~+
Agenda Item No. BC
April 26, 2005
Page 110of114
In the event the project does not require platting, all conservation ar'eas
shall be recorded as conservation/preservation tracts or easements
dedicated to an approved entity or to Collier County with no responsibility
for maintenance and subject to the uses and limitations similar to or as
per Section 704.06 of the Florida Statutes.
E. Buffers shall be provided around any wetlands, extending at least fifteen
(15) feet landward from the edge of wetland preserves in all places, and
averaging twenty-five (25) feet from the landward edge of wetlands.
Where natural buffers are not possible, structural buffers shall be provided
in accordance with the State of Florida Environmental Resources Permit
Rules and shall be subject to review and approval by the Environmental
Services Staff.
F. All Category I invasive exotic plants, as defined by the Florida Exotic Pest
Plant Council. shall be removed from within preserve areas and
subsequent annual removal of these plants (in perpetuity) shall be the
responsibility of the property owner.
G. All approved agency (SFWMD. ACOE, FFWCC) permits shall be
submitted to Environmental Services Department Staff prior to final
plat/construction plan approval.
H. This PUD shall be consistent with the Environmental portions of the Collier
County Growth Management Plan, Conservation and Coastal
Management Element, and the Land Development Code in effect at the
time of final development order approval.
20
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Agenda Item No. BC
April 26, 2005
Page 1130f114
::.!~~-: ,... ..
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ORDINANCE NO. 03-~
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AN ORDINANCE AMENDING ORDINANCE
NUMBER 91-102, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR
THE UN!NCORPORA TED AREA OF COLLIER
COUNTY, FLORJDA, BY AMENDING THE OFFIC(AL
ZONING A TUS MAP NUMBERED 86265 BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPER1Y FROM "PUD"
TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN
AS NICAEA ACADEMY PUD, FOR PROPERTY
LOCATED EAST OF COLLER BOULEVARD (C.R. 951)
APPROXIMA TEL Y ONE MILE SOlITH OF
IMMOKALEE ROAD (C.R. 846) IN SECTION 26,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF
APPROXIMATELY 119 ACRES; PROVIDING FOR
THE REPEAL OF ORDINANCE NUMBER 2000-52,
THE FORMER NICAEA ACADEMY PUD; AND BY
PROVIDING AN EFFECTIVE DATE.
.' .
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WHEREAS, William Hoover, AICP, of Hoover Plannin¡ and Development, Inc.,
representing Barton and Wendy McIntyre, petitioned the Board of County Commissioners to
change the zoning classification of the herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLlER COUNTY, FLORIDA:
SECTION ONE:
The zoning classification of the herein described real property located in Section 26,
Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD"
Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A",
which is incorporated herein and by reference made part hereof. The Official Zoning A.tlas Map
numbered 86265, as described in Ordinance Number 91-102, the ColtiCl' County Land
Development Code, is hereby amended accordingly.
SECTION TWO:
Ordinance Number 2000-52, known as the Nicaea Academy POO, adopted on August 4,
2000 by the Board ot County Commissioners of Collier County, is hereby repealed in its entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the Dcpanmcnt of State.
---- ..--
--.
PUDZ-A-2004-AR-6142
PROJECT #2001070025
DATE: 7/1/04
MICHAEL BOSI
--..-._-- ~-'-
Agenda Item No. 8C
April 26, 2005
Page 114of114
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 1&!1tay of ....\ð\Jarl-&- ,2003.
A TrEST:
DWIGH¡ E. BROCK, CLERK
','. ~., . -, . . ,
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: LéÏ8¡ Sufficltn1è'y ~,r;'
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In ~~¿t\'~ .{JhœU-tLl
M8Ijori~udcnt .
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY. :i..- -1/ '.
TOM HENNJN~
Thle ordinance flied with the
~~í1~=~~~
and acknowledgement W that
filing received this ~ cloy
Of~~~~.D.¿.
EXECUTIVE SUMMARY
Agenda Item No. 9A
April 26, 2005
Page 1 of 14
APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY CODE ENFORCEMENT
BOARD.
OBJECTIVE: To appoint 3 members (2 Regular Members with the terms expiring on February
14,2007 and 2008 and 1 Alternate Member with the term expiring on February 14, 2007) to the
Col1ier County Code Enforcement Board.
CONSIDERATIONS: The Collier County Code Enforcement Board has 3 vacancies. This
7 member board, plus 2 alternate members, is composed of, but not limited to, individuals
representing the occupations of architect, businessman, engineer, genera] contractor,
subcontTactor and Realtor and are considered, in part, on the basis of experience or interest in the
areas of the codes and ordinances to be enforced. Members are required to file a Form I
Statement of Financial Interest each year with the Supervisor of Elections. Terms are 3 years.
A list of the current membership is included in the backup.
We currently have 3 vacancies due to resignations. A press release was issued and resumes were
received from the following 3 interested citizens:
APPLICANT
CATEGORY
mn. ELECTOR AnV. COMM.
CURRENTLY SERVING ON
-
Richard Kraenbring-Currently Construction 3 Yes Code Enforcement Bd-Alternate
serving as an Alternate and
Requesting to be a Regular
Member expirine: 2/14/08
Justin De Witte - requesting Business Professional ] Yes None
appointment as an Alternate
Member expiring 2/14/07
Jerry P. Morgan-requesting Construction 2 Yes Utility Authority
appointment as Regular
Member expiring 2/14107
COMMITTEE RECOMMENDATION: Quasi-Judicial- no recommendation
flSCALIMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the
recommendation fur appointment, appoint 3 members, and direct the County Attorney to prepare
a resolution confirming the appointments.
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: APRIL 26, 2005
.-
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
9A
Appointment of members to the Collier County .Code Enforcement Board.
4126/20059:00:00 AM
Agenda Item No. 9A
April 26, 2005
Page 2 of 14
Prepared By
SUI:: Fìison
ßoaff! of Count\:
:on; rn ~::; :'~ ¡ onerr
Date
4/12/20058:04:15 AM
Executive ManaÇ1er to the BCe
Be:: Office
Approved By
James V, Mudd
Board of County
Commissioners
County Manager
Date
4/14120057:29 PM
County Manager's Office
.-"----,._---
..--...-----
Agenda Item No. 9A
April 26, 2005
Page 3 of 14
Memorandum
To:
Sue Filson, Executive Manager Bee
From:
Michelle Arnold, Code Enforcement Director
Date:
April 12, 2005
Subject:
Code Enforcement Board
I am in receipt of your memo dated March 28, 2005 in which you requested review of
applications submitted by citizens interested in serving on the CEB. The resumes for the
applicants listed below were reviewed and meet the Code Enforcement Board Ordinance No.
92-80, general classification requirements in the following categories:
NAME
CATEGORY
Richard Kraenbring
Construction
Justin DeWitte
Business Professional
Jerry P. Morgan
Construction
Please consider the residency of these applicants to ensure that the various communities
throughout the County are being represented.
Should you require additional input please feel free to contact me at 403-2413.
Code Enforcement Department
,.."~~ -
Collier County Code Enforcement Board - North
---
-- ~~-._-"-~
~----_.__.-
Agenda Item No. 9A
April 26, 2005
Page 4 of 14
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDote 2nd Term
VACANT
Naples, FL
E-Mail:
District:
Category: ALTERNATE
Mr. Raymond J. Bowie 435-1007 10/28/03
2175 Sbeepshead Drive 775-0010 04/27/04
Naples, FL 34102
E-Mail: RealtyCounsel@earthlink.net
District: 4
Category: REGULAR - Attorney - Real Estate
Mr. Richard Kraenbring
1995 Tarpon Bay Drive
Naples, FL 34119
E-Mail: rkaenbring@swflalT.com
District: 3
Category: ALTERNATE -
10/26/04
298-6215
Ms. Sheri Barnett 591-2149 09/10/02
1160 27th Street, S.W. 455-4296 03/08/05
Naples, FL 34117
E-Mail: scbarnettl@#earthlink.net
District: 5
Category: REGULAR - Financial Planning
Mr. Clifford Wesley Flegal, Jr. 774-9674 06/03/97
530 Augusta Boulevard, Unit 102 774-9674 01113/04
Naples, FL 34113
E-Mail: st1egal1@worldnet.att.net
District: 1
CaJegory: REGULARlRealtor
Wednødlzy, MØI'ch 09, 2005
PagelofJ
02/14/07 .
02/14/04
02/14/06
02114/06
02/14/05
02/] 4/08
02/14/00
02/14/07
4 months
2 Years
1.4 Years
3 Years
3 Years
8 months
3 Years
Agenda Item No. 9A
April 26, 2005
Page 5 of 14
Collier County Code Enforcement Board - North
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Ms. Roberta Dusek ~(- t'f .(J 774-2428 07/28/98 02/14/01 3 Y cars
963 Fountain Run (IS. ?Ob 261-1111 01/13/04 02/] 4/07 3 Years
Naples, FL 34119 5'?o
E-Mail:
District: 3
Category: REGULAR - Realtor
Mr. Gerald J. Lefebvre 659-2449 04/28/02 02/14/03 1 Year
5389 Cove Circle 775-8604 02/11/03 02/14/06 3 Years
Naples, FL 341 19
E-Mail:
District: 1
Category: REGULAR - Real Estate/Zoning
Mr. George P. Ponte 02/18/97 02114/00 3 Years
565 Augusta Boulevard, Apt. 10 793-1370 02/11/03 02114106 3 Years
Naples, FL 34113
E-Mail:
District: 1
Category: REGULAR - Retired CBS tmpJoyee
Mr. Nicholas P. Hemes ~J\~"-€ 262-6376 06/22/04 02/14/07 3 Years
6997 Lone Oak Boulevard . ~ 293-7235 03/08/05 02/14/08 3 Years
Naples, FL 34109 L\'" \
E-Mail: hemes@msn.com
District: 2
Category: REGULAR - Business Professional
Wedne:sday, March 09, 2005
Page2of3
Agenda Item No. 9A
April 26, 2005
Page 6 of 14
Collier County Code Enforcement Board - North
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-oppt 2ndExpDate 2nd Term
This 7 member board was created pursuant to Chapter 162 ollhe FL S1al by Ordinance 88-89
and is composed of, but not limited to, individuals repnnnting the occupations of liWChitect,
businessman, engineer, general contractor. aIbcoIltractor and Realtor and are considered. in
part, on the basis of experienCe or interest in the areas of the codes and ordinances to be
enforced. Members are required to fiie a Form 1 StlRement of Financial Interest each year with
the SupewviSor of Elections. Terms are 3 years. This is a Quasi Judicial Board. Two alternate
members were approved by Ord. 96-78 on 1213196.
FL STAT 162
Staff: Michelle Arnold, Code Enforcement Director:: 4Q3..2413
"---.
W~l!Sday, MIlI'Clt H, 2D05
PageJof3
_^~___M~_
MEMORANDUM
Agenda Item No, 9A
April 26, 2005
Page 7 of 14
DATE:
March 28, 2005
Elections Office J
Sue Filson. Executive Manager, \ \
Board of County Commissioner t
RECEIVED
MAR .j v lOOS
TO:
. Board ofCounly ~
FROM:
RE: V oter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for appointment
to one of the countYs 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.
CODE ENFORCEMENT BOARD
COMMISSION DISTRICT
Justin DeWitte
1060 Borghese Lane # 1102
Naples, FL 34114
I
Jerry P. Morgan
2350 Mont Claire Drive, #201
Naples, FL 34109
c1
Thank you for your help.
MEMORANDUM
Agenda Item No. 9A
April 26, 2005
Page 8 of 14
DATE: March 28, 2005
TO: Michelle Arnold, Code Enforce ector
FROM: Sue Filson, Executive Manager
Board of County Commission
RE: Code Enforcement Board
As you know, we currently have vacancies on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this committee to submit a resume for
consideration. I have attached the resumes received fur your review as follows:
Justin De WItte
1060 Borghese Lane # 1102
Naples, FL 34114
Jerry P. Morgan
2350 Mont Claire Drive, #201
Naples, FL 34109
Please let me know, in writing, the recommendation for appointment of the advisory committee
within the 41 day time- ftame (May 9, 2005), and I will prepare an executive summary for the Board's
consideration. Please categorize the appBcaDts iD areas of expertise. Uyou have any questions,
please call me at 774-8097.
Thank you for your attention to this matter.
SF
Attachments
~- - -_...._--~_.._._--
Page I oCr-
Agenda Item No. 9A
April 26, 2005
Page 9 of 14
filson_s
.: advisoryboards@coINergov.net
Sent: Thursday, March 24, 2005 12:31 PM
To: filson_s
Subject: New On-line Advisory Board Application Submitted.
~
Board of ~~~i~;fi~ione~ ~~;
March 24, 2005
Application for Advisory Committees I Boards
Name: Justin DeVVitte Home Phone: 239-784-3963
Home Address: 1060 Borghese Lane #1102
-
City: Naples Zip Code: 34114
Fax Number: No information provided. Business Phone: 239-642-3000
Email Address:dewitte@mail.com
Place of Employment: IAdëpenðaAt CSAtfSåo. W=lth ~It Gna,ut:J ~alt)
How long have you lived in Collier County? 1-2 years
Have you ever been convicted of any offense against the law? No
Are you a registered voter in Collier County? Yes
Board I Committee Applied for: zoning, comprehensiv, planning, buildi~
permitting Gcf-€. ~tJ #«-et11.er,-t ibP- fJlt'erna~
Category: (if applicable) No information provided.
_ Do you currently hold public office? No
3/24/2005
-~_. ..---- ---
Page 2 of3
Agenda Item No. 9A
April 26, 2005
Page 10 of 14
e
Do you now serve, or have you served on a
Collier County board or committee?
No
Please Ust your community activities:
Youth Advisory Committee at DaimlerChrysler Honorary
Chair for Detroit Institute of Arts Benefit - 2003 Supporter
of the Families Involved Together Benefit of the Junior
League of Birmingham Involved in community service and
outreach programs through church
-)
Education:
MASTERS OF BUSINESS ADMINISTRATION December
2004 University of Michigan, Ann Arbor, MI ·
Concentration in Marketing and General Management ·
Graduated with High Distinction· GMAT 740, 99th
percentile · Beta Gamma Sigma Honor Society MASTERS
OF SCIENCE IN MECHANICAL ENGINEERING May
1998 University of Illinois, Champaign, IL · GPA 3.914.0,
Deans List every semester· Honor Societies Pi Tau
Sigma and Tau Beta Pi · Society of Automotive Engineers,
Society of Mechanical Engineers, Society of
Manufacturing Engineers BACHELOR OF SCIENCE IN
MECHANICAL ENGINEERING August 1996 University of
Illinois, Champaign, IL· GPA 4.76/5.0, Deans List every
semester · Graduated with Honors Licensed Florida
Realtor
e
-
Experience I Background:
REAL ESTATE SALES 2004-present BRAND MANAGER
- DODGE PREMIUM VEHICLES 2003-2004
DaimlerChrysler, Aubum Hills, MI · Promoted in 2003 to
launch the 2005 Dodge Magnum; accelerated marketing
timeline by 6 weeks · Led the Dodge Magnum launch
effort to ensure that specific sales and profit targets were
reached, this effort required coordination of marketing,
sales, volume planning, engineering, manufacturing,
pricing, incentives, communications, and dealer training ·
Chosen to speak at PR media events and conduct radio
and television intervieYIs · Enhanced client relations by
fostering open communication exchange, coordinating
client meeting, and presenting market research and
product plans · Created and standardized a process that
holds all parties accountable to the marketing launch plan;
this successful initiative is now mandatory for all
products · Generated the marketing brief that drives the
communication plan and details the key 'why buys' to
3/24/2005
Page 3 of3
Agenda Item No, 9A
April 26, 2005
Page11of14
e
included in TV, Radio, Print, Billboard, Catalog and Web;
reviewed all communications to ensure adherence to the
brand strategy · Developed market research criteria to
investigate future product positioning and participated in
price, product, and positioning research clinics· Reviewed
research results to understand the target customer and
their perceptions to develop a aedible methodology of
communicating the product · Analyzed price elasticity
research results and competitive landscape for purchase
and lease payment to determine volume, pricing, and
incentive strategies that maximize profit and increase
vehicle residuals · Improved the program's profitability to
cover marketing initiatives and achieved vehicle residuals
10 points higher than past premium vehicles · Selected to
be on a committee that reviews outside vendor proposals
for aftermarket opportunities and directs funds based on
budget and marketing plans PRODUCT ENGINEER 1998-
2003 DaimlerChrysler, Auburn Hills, MI · Promoted in
2001 to be directly responsible for engine performance
and system development on minivan product line (grosses
6 billion annually) · Chosen to represent the Chrysler
Group in a forum that prioritizes and coordinates a subset
of supplier issues to hold supplier accountable · Created
new strategies to reduce emissions and enable flex-fuel
vehicle operation (a technology that saves DCX in excess
of 10 million a year); patents submitted · Accepted into
Chrysler's EGT (Engineering Graduate Trainee) program;
coordinated and managed prototype builds, performed
cost analysis and feasibility studies on perspective design
changes and made several presentations to upper
management, designed and coded transmission and
engine software, and calibrated and verified functionality
of new engine and transmission features· Recruited and
interviewed engineers for the Chrysler Group · Resided on
a select committee to introduce younger employees into
the corporate wide Management Club; achieved 400%
increase in 'youth' membership GRADUATE RESEARCH
AND TEACHING ASSISTANT 1996-1998 University of
Illinois, Urbana, IL · Designed training equipment for
sprinters with a Medical Doctor; independently learned
many technical skills and created a successful product
that accounted for all aspects of development including
pricing and manufacturing costs · Lectured an
undergraduate course in Mechanical Engineering on
Design for Manufacturability encompassing both the
functional and cost considerations in manufacturing and
design processes
e
e
3/24/2005
03/14/2005 09:14 FAX 9417743602
RECE.\\IEO
~~R .1.5 2ßß5 Applica~on for Advisor-y CommitteeslBoar~
. ,;oard of county comrn~
. Co1&, Cmmty
Bee
Agend&.I~~m No. 9A
~126, 2005
Page 12 of 14
.BoU"II f1l CamIt1 Cemmlllloecn
3301 EIIIt T1aaiIum TIai1
N......IL.341U
(1Ø) 77...."
I'D: (2:Ø) 774-3fí8Z
~
-NIIJIIC
Home Address:
HomePb~
I'taœ of
e-mail address:
Børd or Comaddiee A
(...$
PJcuc: list
.... .
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Page 1 of2
Agenda Item No. 9A
April 26, 2005
Page 13 of 14
filson_s
From: advisoryboardsCcolliergov.net
Sent: Thursday, April 07, 2005 11 :27 AM
To: filson_s
Subjed: New On-Hne Advisory Board Application Submittecl.
~
Board of County Commissioners
3301 East Tamíami Trail
Naples, FL 34112
Tel: (239) 77'-3602
Fax: (239) 774-3602
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April 07, 2005
Application for Advisory Committees I Boards
Name: Richard Kraenbring Home Phone: 239-298-6215
Home Address: 1995 Tarpon Bay Drive North # 102
City: Naples Zip Code: 34119
Fax Number: 239-596-2315 Business Phone: 239-596-2315
Email Address:rkraenbring@swfIa.rr.com
Place of Employment: ServiceOne Home Inspections
How long have you lived in Collier County? 1-2 years
Have you ever been convicted of any offense against the law? No
Are you a registered voter in Collier County? Yes
Board I Committee Applied for: Code Enforcement Board
Category: (if applicable) No information provided.
Do you currently hold public office? No
4/7/2005
Page 2 of2
Agenda Item No. 9A
April 26, 2005
Page 14 of 14
Do you now serve, or have you served on a Yes
Collier County board or committee?
If yes, please list the boards I committeeS:
Yes, I am currently an alternate on the Code Enforcement
Board and am applying to become a full member.
Please list your community activities:
Current member of the Code Enforcement Board Local
basketball official
Education:
Glassboro State College Drexel University
Experience I Background:
20 + years of building inspections and consultations for
private clients, commerical clients and government
agencies.
4n/2005
EXECUTIVE SUMMARY
Agenda Item No. 98
April 26, 2005
Page1ofî6
-
APPOINTMENT OF MEMBER(S) TO THE IMMOKALEE ENTERPRISE ZONE
DEVELOPMENT AGENCY
OBJECTIVE: To appoint 3 members with the tenns expiring on April 4, 2009 and 1 member to
fulfill the remainder of a vacancy with the tenn expiring on April 4, 2006, to the Immokalee
Enterprise Zone Development Agency.
CONSIDERATIONS: The Immokalee Enterprise Zone Development Agency has 4
vacancies. This 13-member committee was created on March 28, 1995, by Ordinance 95-22 to
induce private investment into distressed areas to create economic opportunities and sustainable
economic development for designated areas. To permit Comer County to participate in this
program, the Board of County Commissioners nominated the Immokalee Community to be
considered by the Florida Department of Commerce for Enterprise Zone designation in
Resolution No. 95-248, approved March 28, 1995. As part of the fonnal application for an
Enterprise Zone, the State required that a committee consisting of a broad base of citizens be
established The committee has representation from the Chamber of Commerce, fmancial or
insurance entities, businesses operating within the nominated area, residents living within the
nominated area, nonprofit community-based organizations operating within the nominated area,
local private industry council, local code enforcement agency, and local law enforcement
agency. A list of the current membership is included in the backup.
We currently have 3 terms that expired on April 4, 2005 and I seat which was declared vacant.
A press release was issued and resumes were received from the following 4 interested citizens:
--
APPLICANT
CATEGORY
DIST ELECfOR AnV. COMM.
CURRENTI.. Y SERVING ON
Bernardo Banrhart - new appointment Local Financial Entity 5 Yes Imm Beautification Committee
Eva Deyo - new appointment Resident 5 Yes None
Fred Thomas, Jr. - re-appointment Resident 5 Yes Lake Trafford Committee
Citizens Advisory Task Force
Imm EZDA
Curtis Blocker, Jr.- new appointment 5 Yes None
COMMITTEE RECOMMENDATION: Bernardo Barnhart, term expiring 4/4/08
Eva Deyo, term expiring 4/4/06
Fred Thomas, Jr., tenn expiring 4/4/08
Curtis Blocker, Jr., tenn expiring 4/4/08
FISCAL IMP ACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDA TJON: That the Board of County Commissioners consider the
recommendation for appointment, appoint 4 members, and direct the County Attorney to prepare
a resolution confinning the appointments.
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
,-..
Agenda Date: APRIL 26, 2005
Agenda Item No. 98
April 26, 2005
Page 2 of 16
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
Meeting Date
9B
Appointment of members to the Immokalee Enterprise Zone Development Agency
4126/2005900:00 AM
Prepared By
Date
Sue Filson
Executive Manage!" to the BCe
4/1212005804:15 AM
Boarrj of Counn
Eee Office
....ornrn:s~.:;¡onerS
Approved By
James V. Mudd
County Manager
Date
Board of County
Comm issioners
County Manager's Office
4/14/20057:33 PM
Agenda Item No. 98
April 26, 2005
Page 3 of 16
c
-:o'lfeT
c
~~-.-..ty
DATE:
April 13 , 2005
TO:
Sue Filson, Executive Manager to the Bee
FROM:
John-David Moss, AICP, Senior Planner
RE;
Immoka1ee Local Redevelopment Advisory Board
Sue,
'Ibis is to notify you that the Immokalee Local Redevelopment Advisory Board has
recommended the fullowing people for the fuur vacant positions:
1) Bernardo Barnhart (local financial entity)
2) Eva Deyo (resident)
3) Fred Thomas, Jr. (resident)
4) Curtis Blocker, Jr. (business/resident in the Zone)
Thank you for your assistance. Please let me know if you have any questions.
Sincerely,
1000- David
----~'_.~
Agenda Item No, 98
April 26, 2005
Page 4 of 16
r--
Immokalee Enterprise Zone Development Agency
Name Work Phone. Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate. 2nd Term
- Mr. Fred N. Thomas, Jr. 657-3649 04/04/95 04/04/96 1 Year /
1205 Orchid A venue 657-8181 09/11/01 04/04/05 4 Years
Immokalee, FL 34142
E-Mail: futjr@aoLcom
District: 5
Category: Resident in Zone
Mr. Richard Heers 229-9970 09/21/04 04/04/07 3 Years
507 N. 18th Street 657-4524
Immokalee, FL 34142
E-Mail: rkheers2u@aol.com
District: 5
Category: Resident of Zone
Mr. Ira J. Malamut 658-3560 03/23/99 04/04103 4 Years
11990 Wedge Drive 04/08103 04104/07 4 Years
r---
Ft. Myers, FL 33913
E-Mail:
District:
Category: Non-profit Organization
Ms. Sonya L. Tuten 657-5519 09/21/04 04/04107 3 Years
1292 CR 830 825-4965
Felda, FL 33930
E-Mail: agtronix@aol.com
District:
Cœegory:ChænœrofCommeroe
Mr. Raymond T. Holland 657-3171 04/01/97 04/04/01 4 Years /'
P.O. Box 5325 657-4568 09/11/01 04/04/05 4 Years
Immoka}ee, FL 34143
E-Mail:
District: 5
Cœegory: Finanical Entity
¡r-.
Wednesday, February 23. 2005
Page 1 of 4
---"'--~--"-
Agenda Item No. 9B
April 26, 2005
Page 5 of 16
Immokalee Enterprise Zone Development Agency
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Ms. Clara Ayala 348-7221 04/09/02 04/09/05 3 Years /
5720 Copper Leaf Lane 348-8790
Naples, FL 34 I 16
E-Mail:
District: 3
Category: Local Business in the Zone
Mr. Floyd Crews 657-2429 11/24/98 04/04/99 4 Months
P.O. Box 5157 657-2370 04/08/03 04/04/07 4 Years
Immokalee, FL 34143
E-Mail:
District: 5
Category: Residentlbusiness
Mr. Robert W. Soter 992-8000 09/2 II04 04/04/07 3 Years
6209 Emerald Pines Circle 561-0154
Ft. Myers, FL 33912
E-Mail: rsoter@sfedb.org
District:
CaJegory: Private Industry Council
Declared Vacant 04/04/06 /
,FL
E-Mail:
District:
Category: Local Business in the Zone
Ms. Ana Salazar 658-3318 02108/05 04/04/07 2 Years
1107 Bard Court 303-0737
Fort Myers, FL 33913
E-Mail: ana_salazar@eartblink.net
District:
Category: Non-Profit Community-Based Organization
Wednt!Sdq, February 23,2005
Page 2 of4
Agenda Item No. 9B
April 26, 2005
Page 6 of 16
~ Immokalee Enterprise Zone Development Agency
Name Work Phone Áppt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDaie 2nd Term
Sgt. James Mansberger 774-4434 04/08/03 04/04/06 3 Years
3301 E. Tamiami TraiJ
Naples, FL 34112
E-Mail:
District:
CøJegory: Local Law Enforcement
Mr. Gary D. Honoway 658-3338 10/14/03 04/04/07 4 Years
2745 Cambridge Court 657-2706
Immokalee, FL 34142
E-Mail: gary44mcanes@yahoo.com
District: 5
Oúegory: Resident In Zone
Ms. Cristina Perez 651-3143 09/21/04 04/04/07 3 Years
1106 Christian TeJT8Ce 657-5755
.-- Immokalee, FL 34142
E-Mail:
Distrû::t:
Category: Local Code Enforcement
Ms. Denise Blanton 353-4244 12/09/97 00/00/00 unlimited
14700 Immokalee Road
Immoka1ee, FL 34120
E-Mail:
District: 5
CøJegory: non-voting ex-officio member
.--'
WeJnesdøy. Febnuup 23,2005
Page 3 014
.-.
Agenda Item No. 98
April 26, 2005
Page7of16
,
Immokalee Enterprise Zone Development Agency
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDøte 2nd Term
This 13 member committee was created on April 4, 1995, by Ord. No. 95-22 to induce private
investment into distressed areas to create economic opportunities and sustainable economic
development for designated areas. Inmal members were appointed by Resolution No. 95-249.
To pennit Collier County to participate in this program, the Board of County CommiSSIoners
nominated the Immokalee Community to be considered by the FL Dept of Commerce for
Enterprise Zone designation in Reso. No. 95-248, approved March 28, 1995. As part of the
formal app for an ez, the State required that a committee consisting of a broad base of citizens
be established. The committee has representation from the Chamber of Commerce, financial
or insurance entities, businesses operating within the nominated area, residents, nonprofit
community-based organizations, local private industry council, local code enforcement agency,
and local law enforcement agency. Amended by Ord. No. 97-81 Terms are 4 years. This
committee also serves as the Immokalee Redevelopment Board.
FL STAT 290.001 - 290.016
StIl/f: John-David Moss, Senior Planner, Camp Planning: 213-2944
Wednesdiq, FebrlllllY 23, 2l1t15
Page 4 of4
Agenda Item No. 98
April 26, 2005
Page 8 of 16
MEMORANDUM
DATE: March 7,2006
FROM: Sue Filson, Executive Manage
Board of County Commissioner
TO: Elections Office
RE: Voter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for appointment
to one of the county's advisory committees. Please let me know if those listed below are
registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
IMMOKALEE EZDA
COMMISSION DISTRICT
Eva J. Deyo
642 Clifton Street
Immokalee, FL 34142
5
5
Bernardo Barnhart
913 Laurel Street
Immokalee, FL 34142
Fred N. Thomas, Jr.
1205 Orchid Avenue
Naflles;- FL 34142
.:Lr!,n.
Curtis Blocker, Jr.
1408 Lemon Tree Drive
N<>pl~ fL 34142
J:JYJ IY).
5
5
Thank you for your help.
RECE\VED
tt\AR 0 ß 2005
aoøI'd of counl'/ comml~
MEMORANDUM
Agenda Item No. 98
April 26, 2005
Page 9 of 16
DATE:
March 7, 2005
John-David Moss, Senior Plann~r
Sue Filson, Executive Manag
Board of County Commissione ~ ·
TO:
FROM:
RE:
lmmokalee Enterprise Zone Development Agency
As you know, we currently have vacancies on the aOOve-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:
Bernardo Barnhart
913 Laurel Street
Immokalee, FL 34142
Eva J. Deyo
642 Clifton Street
Immokalee, FL 34142
Fred N. Thomas, Jr.
1205 Orchid Avenue
Naples, FL 34142
Curtis Blocker, Jr.
1408 Lemon Tree Drive
Naples, FL 34142
Please let me know, in writing, the recommendation for appointment of the advisory committee
within the 41 day time-ttame (Apri118~, and I will prepare an executive summary for the Board's
consideration.
Please categorize the applicants in areas of expertise. If you have any questions, please call me at
774-8097.
Thank you for your attention to this matter.
SF
Attachments
E.n ~~r'
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Agenda Item No, 98
April 26, 2005
Page 10 of 16
Board of County Commiss.i9,J1~rs ',^\""
3301 East Tamiami Trail :.' ,'" I. ~,.;.)
Naples. FL 34111
(139) 77~()6\ ,~
Fax: (239) 774-3602
, ~..) ')',','- j
Application for Advisory CommitteeslBoards
Same: BERNARDO BARNHART
Home Pbone: 239-657-5328
Home Address: 913 LAUR.EL STREET, IMMOKAt..EE
Zip Code: 34142
Fn No.239-657-8482Business Phone: 239-657-.3171 e-mail address: BBarnhart@Flot:'ida
CommunityBank_net
PlaC(! of Employeemcnt:
Board or Committee Applied for:
FLORIDA COMMUNITY BANK
.z i!rþ " 4 ~ A. ,.4
e,p..., ,~.... ;-,... ~
Category (if applicable):
bamp¡e: Co:amù~a Dinri«, DewJOpoli", enYiroamenQlOIC" 1.1)' penIIHI, fie.
How long have you lived in Collier County: Years ?4
Months ,
Are you It registered voter in CoUier County: Yes X
Do you c.trendy hold. publie office? Yes
If so, wIIat is that omce!
No
No---.X
Have you ever been convicted of any offeD.se against the Law?
lryes. C2:pWD:
Yes
No X
Do you now 1iel'Ve, or have you I!Ve.r served., OD a Comer Count)' board er comminee? Yes X No
If ye4. plèaSI! list the commicteeslboàrda:
IMMOKALEE BEAUTIFICA~ION COMMITTEE
Please list your community activities (éMc clubs, l1eighborhoocl USOclatiODS. ate. and positions
be~: BOARD MEMBER OF THE CHAMBER OF COMMERCE
Edu~Uon; HIGH SCHOOL OIP~OMA FROM IMMOKAtEE HIGH SCHOOL
BUSINESS ADMINISTRATION FROM THE UNIVERSITY OF FLORIDA
Experience:
PltMlrø ~ tI"!J' aiIIIltiMal J./ð""lIIÎøn)IØ~føøl~ Tib~,..1IMdt bcJ-pûtI ~ sw Fa-, ~ M.IfqIl' f4'
1M ø.-d ()f Cø..,qy C_1Ifiss18*4n., llDl EøI T_.¡ TNil. Ntt,pIe$. FL 36111. 11 J'ii.. "';"Ia, ¡ÑIraH F ~ ",¡mc.t"'" ~
(Jl')7'¿.36Ø' _...-.;1,. s....R1_~ølt;~.II'" TIt",,(/¡)'tIH þr~, ID xrw tile clI:ltellS ofCOUJer CøJUI.!V.
~oonoo'¿ 9E:0#
~~g áINnwwO~ YaI~O~I
za~aLS96E:Z E:S:90 SOOZ E:O'~VW
Page 1 of3
Agenda Item No. 98
April 26, 2005
Page 11 of 16
filson_s
.m:
advisoryboards@colliergov.net
Sent: Wednesday, March 02, 2005 11 :02 AM
To: filson_s
Subject: New On-line Advisory Board Application Submitted.
~
Board of County Commissioners
3301 East Tamiami Trai!
Naples. FL 34112
Tef: (239) 774-3602
Fax: (239)774-3602
.~_' J.-~~,~\I, ~,
. '. y,
"..... . .~
,"--f4"~ ;
March 02, 2005
Application for Advisory Committees I Boards
Name: EVA J DEYO Home Phone: 239-657-6894
Home Address: 642 CLIFTON ST
e
City: IMMOKAlEE Zip Code: 34142
Fax Number: 239-658-3634 Business Phone: 239-658-3630
Email Address:evadeyo@earthlink.net
Place of Employment: Immokalee Water & Sewer District
How long have you lived in Collier County? More than 15 years
Have you ever been convicted of any offense against the law? No
Are you a registered voter in Collier County? Yes
Board I Committee Applied for: Immokalee CRA and/or Immokalee
Master Plan Visioning Committee
Category: (if applicable) Resident
e
Do you currently hold public office? No
3/2/2005
e
Do you now serve, or have you served on a
Collier County board or committee?
No
Please list your community activities:
Immokalee Chamber of Commerce - 3 years as Secretary
(Currently) on the Board of Directors from 2001-present,
and previously on the Board from 1984-1987 Immokalee
Community Development Corporation - Board of Directors
Rotary Club of Immokalee 1999- Present (Served as
Secretary 2-years, Vice President, President) Paul Harris
Fellow Collier County Schools - Immokalee Area School
Zoning Committee.-1986 -1988 From 1986 to 1987- Lake
Trafford Elementary School Advisory Committee. From
1990 to 1991 the Bethune Pre-School Advisory
Committee and 1991 to 1992, Highlands Elementary
School Advisory Committee.
~
Education:
Florida Gulf Coast University May 2003- BS degree in
Business Administration (graduated Summa Cum Laude)
Edison Community College May 1998- M Degree (4.0
GPA)
e
Experience I Background:
I have been employed by the Immokalee Water & Sewer
District since 1992, with the last five years holding the
position as Executive Director. As Executive Director, I am
responsible for a more than $3 million operating budget
and 25 employees. The District has three potable water
plants, and one wastewater plant that serves the
community of Immokalee. Prior to that, I worked for ABC
F arms, Inc., a local farmer/grower/packer from November
1986 to August 1992. During my time at ABC Farms, I
was responsible for bookkeeping, payroll, accounts
receivable, and inventory. From February 1984 to
November 1986, I worked at WlKX Radio - Umberger
Communications, a local FM radio station. I was
responsible for sales, traffic, booking, accounts receivable,
and payroll. I also wrote and produced commercials, and
occasionally performed newscasts and live promotions.
December 1982 to February 1984, I worked at WKEM-
Sandia Broadcasting, a local AM radio station. I sold
advertising, scheduled traffic, and accounts receivable. I
occasionally performed live promotions, and filled in "on-
the-air". December 1981 to December 1982, I worked at
Warner AMEX Cable Company in Immokalee, in itsv
3/2/2005
Page 2 of3
Agenda Item No. 98
April 26, 2005
Page 12 of 16
Agenda item N Page 3 of 3
A 'I 0,98
p pn 26, 2005
age130f16
customer servo
Ice department.
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3/2/2005
;-
-
~
--~-
~.
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
(239) 774-8097
Fax: (239) 774-3602
Agenda Item No. 98
April 26, 2005
Page 14 of 16
Application for Advisory Committees/Boards
Hz.é-b N. ¡-;+ö~~
Home Address: /2- 0;;:- 0 ~ c. H, i)
s~ Home Phone: 2..3 / 6.s"""? S-c,i¥-?
A I/é- Zip Code: 3 'f I 'f 2- - 2- ~~ Ö
?J q / _7 fl/3( r - .~ /'"'
Business Phone:.v / t:>..5 e-mail address: ¡--I'V { .:r R... (~;f ð¿ ...... ~
-
Name;
Fax No.
Place of Employeement:
fè- ~ r; fl..~ Ù
Board or Committee Applied for: -::r """ M ð Ie .4 (. ,,~
ZNíuP¿/U ZÓNt.. Ù~ l/. A~¿AI~Y
Category (if applicable):
Example: Commission District, Developer. environmentalist, lay person, ete.
How long have you lived in Collier County: Years~ Months
~ No .-
/
Are you a registered voter in Collier County: Yes
Do you currently hold public office? Yes
If so, what is that office?
No
Have you eïïr b~victed of any offense against the Law?
If yes, explain: C '¡;?I c...
Do you now serve, or have you ever served, on a Collier County board or committee? Yes
If yes, please list the committeeslboards:
S~ £ rc..., ~ d ¡lffL.
7
Yes
v
No
/' No
Please list your community activities (civic clubs, neighborhood associations, etc. and positions
held:
¡J OJ!..lò c-;:;:' St;J ~ (I.
Education:
(SA
$~~ R..~c.J ~1Z-
f ~ <r cI-fo Lo & ,U
Experience:
~(')M ~
£,~
-
PJuse _ell any tuúJitiolUll information you feel pertinent. This applÌClúÙ1n shouúl be forwtlrded to Sue Filson, Exeeutille MalUlger to
the Board of Coullty Commisswners, 3301 East Tamùuni Trail, NIlp1es, FL 34112. lfyou wish, pleIISe five your IIpplÌClúÙ1n to
(239) 774-3602 or e-moü to sudilson(ii).co11ierJ!o".neL Thank you for volunteering to serve the ~ltS of Collkr Coullty.
e
e
~"-----
'~..Fred N. Thomas, Jr.
Page 1 of2
Agenda Item No, 98
April 26, 2005
Page 15 of 16
e
Fred N. Thomas, Jr.
BeB Board Member
AREA: lmmokalee
CURRENT TERM: June 5,1998 - March 3, 2004
ORIGINALLY APPOINTED: June 5, 1998
APPOINTED BY: Governor lawton Chiles
BIRTHPLACE: New York City, NY
EDUCAnON: B.A. Norfolk State University, Norfolk VA
OCCUPAnON; Retired
ADDRESS: 1205 Orchid Avenue, Immokalee, FL 34142
PHONE: 239-657-8181
EMAIL: fntjr@aol.com/fntjr@sfwmd.gov
PROFESSIONAL AND BUSINESS AFFILJAnONS:
· Governor's Advisory on Farmworker Affairs Chair
· Immokalee Rotary Member and Past President
· Immokalee Chamber of COmmerce Board of Directors and
Past President
· Redlands Christian Migrant AsSOCiation Board of Directors
· lake Trafford Task Force
· Big Cypress Wildlife Institute Board Member
· Florida Association of Housing and Redevelopment Officials
Member and Past President
· National Association of Housing and Redevelopment Officials
· Norfolk State Alumni Association
· Omega Psi Phi Fraternity
· Immokalee Main Street Past President
· Immokalee Enterprise Zone Chair
· Collier County Planning Commission Past Chairman
· Immokalee Foundation Vice President
· leadership Collier Class of 1992
· leadership Southwest FlOrida September 8-11, 1993
· leadership Florida Class XVII
· COllier County Affordable Housing Commission
· Collier County Sheriff's Commission
· NAACP, Collier County Executive Committee
· National Rifle Association life Member
\1=,,£,«(0,,1 vcrsioru.11 Back to ml; Cynress Basin~£J1 E-Ma..Jj
r who to contact · site map · search· webmaster . site design. home
http://www. sfwmd.gov /org/bcb/3 _ thomas.html
10/22/04
Feb 16 05 11:S2a
Jan 3105 04:12p
Agenda Item No, 960 . 2
April 2~ 2~Ob
Page 16 ÕT16
-
Board of COUDty Commissioners
3301 'Knit Tamiaœì Tr¿j}
KaplC$o FL ).1112
(239) 774-8097
Fa:{: (J.39) 774-3601
. ~~' ,.'
)-- - .
r ~ . , . rþ
I( ~ff
Ap'plication for Advisory Committees/Boards
/,' I 1'7/ I. ~ . / ~
Namc: (. dr /:..: )( Ó( K -(-" ) y . Howne Pbon;;>.J7/.? 57/7'"t'? c?
Home Add,,., ¡r:<t µ,-"'-' T"'~ ~. Zip c..~ ? 0'1/?:-
Fax ~zh 51 ,.i~" " BU$incss PhDDe~~ 7 b 311 C-rDlli1 address:
'Bust.css: $rf-I .7} ~
Board or Coauø.ittec AppUed for:
~ e...- f:,.,.,.\ p \j~¡ C f /\'"dAJ-
. I '-:z-t'~
M v' ir, ~y"¡
I
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(" f!.A '1)
Arc you a registered voter in Collier Cowat)';
Do y" c:.1Irrently hold publk ol1kc' Yes
If so. what bI t1ud oft"IC.1!?
No
No
/
--
Do )'DIIIIOW Ml'¥c, !I' _VI: yvv ncr ¡CITeMS, _ II Co1Iic:r Coaaty board or co_IUee'l Yn
Jf)'es, ple;u18 list lhe cDmmittcetlboarù:
/"
1'4. ,,/
Please list your tQmm1UlÏty actiYities (civic clab.. Deïclr.borbood auocbltioJJS, ctc. .ad poIiÜODS beld:
¡q ¥i-"'\ g \J r f' ~H J
'IJ- I
EducatJoD: f:J- Ii fa, It ~
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_.N~___···
IXECUTIVE SUMMARY
_ COMMISSIONER IŒNNING'S REQUESTS TO DISCUSS AND IDENTIFY ADDITIONAL
FUNDING FOR OFF-SEASON TOURISM ADVERTISING.
OBJECI'IVE:
To review options for increasing the funding for off-season tourism advertising.
CONSIDERA nONS:
Option A: Direct County Manager to allocate $500,000.00 from General Fund Reserves for additional off-season
tourism promotion.
Option B: Amend Tourist Tax Ordinance 92-60 as amended to allocate $500.00.00 of uncommitted funds from
Categories A and C and transfer to Category B for additional advertising needs.
Under the BCC approved Beach F\Dlding Policy of December 16,2003, we have allocated $2 million to Ûle Collier County
Parks and Recreation Department fur beach park 1àcilities and for beach access.
The Board of County Commissioners have been notified by tourism officials that Collier County hotels will likely see a
significant decline in tourism group meeting business during Ûle summer of2005 d\K': to negative publicity from the
\Dlusually active hwricane season of 2004.
Due to that anticipated decline in tourists to Collier County, we can expect to see employment opportunities for our tourism
industry workforce personnel to decrease, which will result in more residents becoming dependent on Government Social
Services.
With fewer tourists, sales tax collected by Collier County will decrease and Ûlerefore negatively impact the General Fund.
,-'
When the Tourist Tax was originally created in 1992,40 percent oftbe revenue was dedicated to advertising, promotion and
events. Today, that percentage is 16 percent ofÛle tourist tax revenue. We need to rethink ourtisca1 initiatives and move our
emphasis of tourism dollars back to promotions and advertising.
By adequately promoting tourism for Collier County, we will see more reven\K': from visitors and a decided tax advantage for
our citizens. Those visitors will also contribute more tourist tax dollars that can be used for Category "A" beach
renourishment and beach access and Category "C" museum funding.
FISCAL IMP ACI': Under Option A. $500,000 tTom General Fund Reserves. Under Option B $500,000 from Category A
and C into Category B tomist tax.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Plan impact from this action.
RECOMMENDATION:
Direct staff to fund off-season towism promotion for 2005 using either Option A or Option B.
PREPARED BY:
DATE
COMMISSIONER TOM HENNING
--
1
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
9C
Item Summary
Commissioner Henning's request to discuss and identify additional funding for
off-season tourism advertising,
Meeting Date
4/26/2005 9:00:00 AM
Approved By
f\ldchae¡ Sl11ykowski
Managernent & Budget Director
Date
County Mar1aget'::.~ C>ffice
OfÙce of Manag&rnent & Budget
4/20/20059:55 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
4/20/2005 3:44 PM
HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES
Amendment No. (for drafter's use only)
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Bill No. 1865
COUNCIL/COMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
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Council/Committee hearing bill: Transportation & Economic
Development Appropriations Committee
Representative(s) Johnson offered the following:
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Amendment (with title amendment)
Remove the entire body and insert:
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Section 1. popular name.--This act may be cited as the
"Sustainable Florida Act of 2005."
Section 2. Subsections (1), (2), (3), (5), and (6) of
section 20.18, Florida Statutes, are amended to read:
20.18 Department of Community Assistance ^ff~ir~.--There
1S created a Department of Community Assistance ^ff~irG.
(1) The head of the Department of Community Assistance
^fLÜrs is the Secretary of Community Assistance Aff~irG. The
secretary shall be appointed by the Governor subject to
confirmation by the Senate. The secretary shall serve at the
pleasure of the Governor.
(2) The following units of the Department of Community
Assistance ^ff~ir8 are established:
(a) Division of Emergency Management.
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(b)
Division of Housing and Community Development.
Division of Community Planning.
Unless otherwise provided by law, the Secretary of
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(c)
( 3)
25 Community Assistance ~=fc~r3 shall appoint the directors or
26 executive directors of any commission or council assigned to the
27 department, who shall serve at his or her pleasure as provided
28 for division directors in s. 110.205. The appointment or
29 termination by the secretary will be done with the advice and
30 consent of the cOIT@ission or council; and the director or
31 executive director may employ, subject to departmental rules and
32 procedures, such personnel as may be authorized and necessary.
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(5 )
The role of state government required by part I of
34 chapter 421 (Housing Authorities Law), chapter 422 (Housine
36 authorities) is the responsibility of the Department of
35 Cooperation Law), and chapter 423 (tax exemption of housing
37 Community Assistance ~==c~r3; and the department is the agency
38 of state government responsible for the state's role in housing
39 and urban development.
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(6 )
The Office of Urban Opportunity is created within the
41 Department of Community Assistance ~ffQir3. The purpose of the
42 office is to administer the Front Porch Florida initiative, a
43 comprehensive, community-based urban core redevelopment program
44 that enables urban core residents to craft solutions to the
45 unique challenges of each designated community.
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Section 3.
Subsection (20) of section 163.3164, Florida
47 Statutes, lS amended, and subsection (32) is added to said
48 section, to read:
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163.3164 Local Government Comprehensive Planning and Land
50 Development Regulation Act; definitions.--As used in this act:
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(20) "State land planniDg agency" means the Department of
Community Assistance ^ff~ir~.
(32) , "Financial feasibility" means sufficient revenues are
currently available or will be available from committed or
identified funding sources available for financing capital
56 improvements, such as ad valorem taxes, bonds, state and federal
57 funds, tax revenues, impact fees, and developer contributions,
58 which are adequate to fund the projected costs of the capital
59 improvements and as otherwise identified within this act
60 necessary to ensure that adopted level-of-service standards are
61 achieved and mainta~ned within the 5-year schedule of capital
62 improvements.
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Section 4.
Section 163.3172, Florida Statutes, is created
64 to read:
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163.3172 Urban infill and redevelopment.--In recog~~ticn
66 that urban infill and redevelopment is a high sLate priority,
67 the Legislature determines that local governments should not
68 adopt charter provisions, ordinances, or land development
69 regulations that discourage this state priority. The Legislature
70 also recognizes that limitations on building heighT are one
71 restriction that may discourage increased density within urban
72 cores. Notwithstandin chapter 125 and s. 163.3171, an existin
73 or future charter county charter provision, ordinance, or land
74 development regulation that restricts the height of a building
75 shall not be effective within any municipality of the county
76 unless, by a majority vote, the charter provision, ordinance, or
77 land development regulation is approved by a majority vote of a
78 county-wide referendum or a majority vote of the municipality's
79 governing board.
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Section 5.
Subsection (3), paragraphs (a), (b), (c), and
81 (h) of subsection (6), paragraph (d) of subsection (11), and
82 subsection (12) of section 163.3177, Florida Statutes, are
83 amended, and subsection (13) ~s added to said section, to read:
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163.3177 Required and optional elements of comprehensive
plan; studies and surveys.--
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(3) (a)
The comprehensive plan shall contain a capital
improvements element designed to consider the need for and the
location of public facilities in order to encourage the
efficient utilization of such facilities and set forth:
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1. A component which outlines principles for construction,
91 extension, or increase in capacity of public facilities, as well
92 as a component which outlines principles for correcting existing
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93 public facility defic~encies, which are necessary to implement
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94 the comprehensive plan. The comDonents shall cover at least a 5-
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year period.
2. Estimated public facility costs, including a
delineation of when facilities will be needed, the general
98 location of the facilities, and projected revenue sources to
99 fund the facilities.
100 3. Standards to ensure the availability of public
101 facilities and the adequacy of those facilities including
102 acceptable levels of service.
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4.
Standards for the management of debt.
5. A schedule of capital improvements which includes
105 publicly funded projects and which may include privately funded
106 projects.
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(b)
The capital improvements element shall be reviewed on
108 an annual basis and modified as necessary in accordance with s.
109 163.3187 or s. 163.3189 in order to maintain a financially
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110 feasible 5-year schedule of capital improvements., except th.:lt
111 Corrections, updates, and modifications concerning costs;
112 revenue sources; acceptance of facilities pursuant to
113 dedications which are consistent with the plan; or the date of
1141 construction of any facility enumerated in the capital
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118 planning agency. All public facilities shall be consistent with
119 the capital improvements element.
120 (c) If the local government does not adopt the required
121 annual update to the schedule of capital improvements, the state
122 land planning agency shall notify the Administration Commission.
123 A local government that has failed to adopt the required annual
124 update in the capital improvement element ma,;,' be sub] ect to
125 sanctions by the commission pursuant to s. 163.3184(11).
126 (d) If a local government adopts a long-term concurrency
127 management system pursuant to s. 163.3180(9), it shall also
128 adopt a long-term capital improvements schedule covering up to a
129 10-year or 15-year period and shall update the long-term
130 schedule annually. The long-term schedule of capital
131 improvements ,must be financially feasible for the 5-year
132 schedule of capital improvements.
133 (6) In addition to the requirements of subsections (1)-
134 (5), the comprehensive plan shall include the following
135 elements:
improvements element may be accomplished by ordinance and shall
not be deemed to be amendments to the local comprehensive plan.
A copy of the ordinance shall be transmitted to the state land
136 (a) A future land use plan element designating proposed
137 future general distribution, location, and extent of the uses of
138 land for residential uses, commercial uses, industry,
139 agriculture, recreation, conservation, education, public
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buildings and grounds, other public facilities, and other
categories of the public and private uses of land. Counties are
encouraged to designate rural land stewardship areas, pursuant
to the provisions of paragraph (11) (d), as overlays on the
future land use map. Each future land use category must be
defined in terms of uses included, and must include standards to
be followed in the control and distribution of population
densities and building and structure intensities. The proposed
distribution, location, and extent of the various categories of
land use shall be shown on a land use map or map series which
shall be supplemented by goals, policies, and measurable
objectives. The future land use plan shall be based upon
surveys, studies, and data regarding the area, including the
amount of land required to accommodate anticipated growth; the
projected population of the area; the character of undeveloped
land; the availability of water supplies, public facilities, and
services; the need for redevelopment, including the renewal of
blighted areas and the elimination of nonconforming uses which
are inconsistent with the character of the community; the
compatibility of uses on lands adjacent to or closely proximate
to military installations; and, in rural communities, the need
for job creation, capital investment, and economic development
that will strengthen and diversify the community's economy. The
future land use plan may designate areas for future planned
development use involving combinations of types of uses for
which special regulations may be necessary to ensure development
in accord with the principles and standards of the comprehensive
plan and this act. The future land use plan element shall
include criteria to be used to achieve the compatibility of
adjacent or closely proximate lands with military installations.
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170 In addition, for rural communities, the amount of land
171 designated for future planned industrial use shall be based upon
172 surveys and studies that reflect the need for job creation,
173 capital investment, and the necessity to strengthen and
174 diversify the local economies, and shall not be limited solely
175 by the projected population of the rural community. The future
176 land use plan of a county may also designate areas for possible
177 future municipal incorporation. The land use maps or map series
178 shall generally identify and depict historic district boundaries
179 and shall designate historically significant properties meriting
180 protection. The future land use element must clearly identify
181 the land use categories in which public schools are an allowable
182 use. When delineating the land use categories in which public
183 schools are an allowable use, a local government shall include
184 in the categories sufficient land proximate to residential
185 development to meet the projected needs for schools in
186 coordination with public school boards and may establish
187 differing criteria for schools of different type or size. Each
188 local government shall include lands contiguous to existing
189 school sites, to the maximum extent possible, within the land
190 use categories in which public schools are an allowable use. A±±
191 comprchcn8ive pl~n8 mU8t comply \Jith the 8chool 8iting
192 rcquirement8 of thi8 pcr~gr~ph no l~ter th~h October 1, 1999.
193 The f~ilure by ~ local go~crnment to comply \;ith the8e 8chool
194 3iting requircment8 by Cctober 1, 1999, ~ill re8ult in the
195 prohibition of the loc~l go~ernmcnt'8 ~bility to ~mend the loc~l
196 comprehen8i~c pl~n, except for pl~n ~mendment8 dc~cribed in 8.
197 163.3187 (1) (b), unti~ the ~chool 8iting rcquirement8 ~re met.
198 Amendments proposed by a local government for purposes of
199 identifying the land use categories in which public schools are
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2001 an allowable use or fer ~dep~"~g or ~mend~ng the 8chocl 8~ting
201 m~p~ pur~u~n~ to 8. l53.31:;6(3; are exempt from the limitation
202 on the frequency of plan amendments contained in s. 163.3187.
203 The future land use element shall include criteria that
204 encourage the location of schools proximate to urban residential
205 areas to the extent possible and shall require that the local
206 government seek to collocate public facilities, such as parks,
207 libraries, and community centers, with schools to the extent
208 possible and to encourage the use of elementary schools as focal
209 points for neighborhoods. For schools serving predominantly
210 rural counties, defined as a county with a population of 100,000
211 or fewer, an agricultural land Gse category shall be eligible
212 for the location of public school facilities if the local
213 comprehensive plan contains school siting criteria and the
214 location lS consistent with such criteria. Local governments
215 required to update or amend their comprehensive plan to include
216 criteria and address compatibility of adjacent or closely
217 proximate lands with existing military installations in their
218 future land use plan element shall transmit the update or
219 amendment to the department by June 30, 2006.
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(b)
A traffic circulation element consisting of the types,
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locations, and extent of existing and proposed major
thoroughfares and transportation routes, including bicycle and
pedestrian ways. Transportation corridors, as defined in s.
334.03, may be designated in the traffic circulation element
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225 pursuant to s. 337.273. If the transportation corridors are
226 designated, the local government may adopt a transportation
227 corridor management ordinance. By December 1, 2006, each local
228 overnment shall adopt by ordinance a transportation concurrenc
229 management system which shall include a methodology for
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230 assessin proportionate share mitigation options. B December 1,
231 2006, the Department of Transportation shall develop a model
232 transportation concurrency management ordinance. The
233\ transportation concurrency management ordinance may assess a
234 concurrency impact area by districts or systemwide.
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(c)
A general sanitary sewer, solid waste, drainage,
236 potable water, and natural groundwater aquifer recharge element
237 correlated to principles and guidelines for future land use,
238 indicating ways to provide for future potable water, drainage,
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sanitary sewer, solid waste, and aquifer recharge protection
requirements for the area. The element may be a detailed
engineering plan including a topographic map depicting areas of
prime groundwater recharge. The element shall describe the
problems and needs and the general facilities that will be
required for solution of the problems and needs. The element
shall also include a topographic map depicting any areas adopted
by a regional water management district as prime groundwater
recharge areas for the Floridan or Biscayne aquifers, pursuant
to s. 373.0395. These areas shall be given special consideration
when the local government is engaged in zoning or considering
future land use for said designated areas. For areas served by
septic tanks, soil surveys shall be provided which indicate the
suitability of soils for septic tanks. By December 1, 2006, The
element must incorporate projects selected pursuant to s.
373.0361, to the extent applicable con8ider the ~ppropri~te
w~ter m~n~ge~ent di8triet'8 region~l v~ter 8upply pl~n ~ppro~ed
p~r8u~nt to 8. 373.0361. The element must identify current water
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su pI sources,
ro~ected water use needs for the
258 period of the comprehensive plan, irrigation and reclaimed water
259 needs, and conservation and reuse strategies to reduce water
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260 supply demand. The element shall include a work plan covering at
261 least a lO-year planning period for building water supply
262 facilities" including development of al ternati ve water supplies
263 as defined in s. 373.1961 (2) (i) that are necessary to meet
264 existing and projected water use demand over the work plan
265 plannin period. The work plan shall also describe how the water
266 suppl needs will be met over the course of the planning period
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from any other providers of water, if applicable. The
information provided to the appropriate water management
district for each project, pursuant to s. 373.0361, shall be
annually incorporated into the work plan include .:: ",;o.:;:'Jc plon,
cc~er=-~g ot leoct ~ 10 yeo~ pl.::n~ing period, for bu~ld=-ng \;oter
cupply f.::cilitiec thot .:lre identi:ccd ~n t~e clement '::3
neCCC3.:lry to 3cr~e eJcCcting .:lnd nc~ de~clcpffie~t .::nd fer ~h~ch
the loc.::l go~e.:;:'nme~t '::"c rccponciblc. The work plan shall be
updated, at a minimum, every 5 years within 12 months after the
governing board of a water management district approves an
updated regional water supply plan. Local government utilities
278 and land use lanners, private utilities, re ional water su DIy
279 authorities and water management districts are expected to
280 coo eratively plan for the development of multi-jurisdictional
281 water supply facilities that are sufficient to meet projected
282 demands for established planning periods, including the
283 development of alternative sources of water supplies to
284 supplement traditional sources of ground and surface water
285 supplies. Amendments to incorporate the work plan do not count
286 toward the limitation on the frequency of adoption of amendments
287 to the comprehensive plan. Consistent with s. 373.2234, local
288 overnments, public and private utilities, re ional water sup 1
289 authorities, and water management districts are expected to
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cooperatively plan for the development of multijurisdictional
water supply facilities that are sufficient to meet projected
demands for established planning periods, including the
development of alternative water sources to supplement
traditional sources of ground and surface water supplies.
(h) 1. An intergovernmental coordination element showing
relationships and stating principles and guidelines to be used
in the accomplishment of coordination of the adopted
comprehensive plan with the plans of school boards and other
units of local government or regional water authorities
providing services but not having regulatory authority over the
use of land, with the comprehensive plans of adjacent
municipalities, the county, adjacent counties, or the region,
with the state comprehensive plan and with the applicable
regional water supply plan approved pursuant to s. 373.0361, as
the case may require and as such adopted plans or plans in
preparation may exist. This element of the local comprehensive
plan shall demonstrate consideration of the particular effects
of the local plan, when adopted, upon the development of
adjacent municipalities, the county, adjacent counties, or the
reglon, or upon the state comprehensive plan, as the case may
requlre.
a. The intergovernmental coordination element shall
provide for procedures to identify and implement joint planning
areas, especially for the purpose of annexation, municipal
incorporation, and joint infrastructure service areas.
b. The intergovernmental coordination element shall
provide for recognition of campus master plans prepared pursuant
to s. 1013.30.
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c. The intergovernmental coordination element may provide
for a voluntary dispute resolution process as established
pursuant to s. 186.509 for bringing to closure in a timely
manner intergovernmental disputes. A local government may
develop and use an alternative local dispute resolution process
for this purpose.
2. The intergovernmental coordination element shall
further state principles and guidelines to be used in the
accomplishment of coordination of the adopted comprehensive plan
with the plans of school boards and other units of local
government providing facilities and services but not having
regulatory authority over the use of land. In addition, the
intergovernmental coordination element shall describe joint
processes for collaborative planning and decisionmaking on
population projections and public school siting, the location
and extension of public facilities subject to concurrency, and
siting facilities with countywide significance, including
locally unwanted land uses whose nature and identity are
established in an agreement. Within 1 year of adopting their
intergovernmental coordination elements, each county, all the
municipalities within that county, the district school board,
and any unit of local government service providers in that
county shall establish by interlocal or other formal agreement
executed by all affected entities, the joint processes described
in this subparagraph consistent with their adopted
intergovernmental coordination elements.
3. To foster coordination between special districts and
local general-purpose governments as local general-purpose
governments implement local comprehensive plans, each
independent special district must submit a public facilities
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349 report to the appropriate local government as required by s.
350 189.415.
351
4.a. Local governments odopting 0 public educotion~l
352 f~cilitie8 clement pU~Juont to 8. 163.31776 must execute an
353 interlocal agreement with the district school board, the county,
354 and nonexempt municipalities pursuant to s. 163.31777,-a5
355 defi~ed by 8. 163.31776(1), ~hich include8 the itcm8 li8tcd in
356 8. 163.31777(2). The local government shall amend the
357 intergovernmental coordination element to provide that
358 coordination between the local government and school board lS
359 pursuant to the agreement and shall state the obligations of the
360 local government under the agreement.
361
b.
Plan amendments that comply with this subparagraph are
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exempt from the provisions of s. 163.3187(1).
5. The state land planning agency shall establish a
schedule for phased completion and transmittal of plan
365 amendments to implement subparagraphs 1., 2., and 3. from all
366 jurisdictions so as to accomplish their adoption by December 31,
367 1999. A local government may complete and transmit its plan
368 amendments to carry out these provisions prior to the scheduled
369 date established by the state land planning agency. The plan
370 amendments are exempt from the provisions of s. 163.3187(1).
371
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By January 1, 2004, any county having a population
372 greater than 100,000, and the municipalities and special
373 districts within that county, shall submit a report to the
374 Department of Community Assistance ^ffoir8 which:
375
a.
Identifies all existing or proposed interlocal service-
376 delivery agreements regarding the following: education; sanitary
377 sewer; public safety; solid waste; drainage; potable water;
378 parks and recreation; and transportation facilities.
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b.
Identifies any deficits or duplication in the provision
380 of services within its jurisdiction, whether capital or
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operational. Upon request, the Department of Community
Assistance ^f=~ir3 shall provide technical assistance to the
local governments in identifying deficits or duplication.
7. Within 6 months after submission of the report, the
385 Department of Community Assistance ^ff~ir3 shall, through the
386 appropriate regional planning council, coordinate a meeting of
387 all local governments within the regional planning area to
388 discuss the reports and potential strategies to remedy any
389 identified deficiencies or duplications.
390
8.
Each local government shall update its
391/ intergovernmental coordination element based upon the findings
3921 in the report submitted pursuant to subparagraph 6. ~he report
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may be used as supporting data and analysis
intergovernmental coordination element.
9. By February 1, 2003, representatives of municipalities,
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397 reco~~ended statutory changes for annexation, including any
counties, and special districts shall provide to the Legislature
398 changes that address the delivery of local government services
399 in areas planned for annexation.
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(d) 1.
The department, in cooperation with the Department
of Agriculture and Consumer Services, the Department of
Environmental Protection, water management districts, and
regional planning councils, shall provide assistance to local
governments in the implementation of this paragraph and rule 9J-
5.006 (5) (1), Florida Administrative Code. Implementation of
those provisions shall include a process by which the department
may authorize local governments to designate all or portions of
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Amendment No. (for drafter's use only)
409 lands classified in the future land use element as predominantly
410 agricultural, rural, open, open-rural, or a s~bstantively
411 equivalent land use, as a rural land stewardship area within
412 which planning and economic incentives are applied to encourage
413 the implementation of innovative and flexible planning and
414 development strategies and creative land use planning
415 techniques, including those contained herein and in rule 9J-
416 5.006 (5) (l), Florida Administrative Code. As sistance may
417 include, but is not limited to:
418
a. Assistance from the Department of Environmental
419 Protection and water management districts in creating the
420 geographic information systems land cover database and aerial
421 photogrammetry needed to prepare for a rural land stewardship
422 area;
423
b.
Support for loca~ government implementation
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rural
424 land stewardship concepts by providing information and
425 assistance to local governments regarding land acquisition
426 programs that may be used by the local government or landowners
427 to leverage the protection of greater acreage and maximize the
428 effectiveness of rural land stewardship areas; and
429
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c. Expansion of the role of the Department of Community
430 Assistance ^=f~ir~ as a resource agency to facilitate
431 establishment of rural land stewardship areas in smaller rural
432 counties that do not have the staff or planning budgets to
433 create a rural land stewardship area.
434
2. The department shall encourage participation by local
435 governments of different sizes and rural characteristics ln
436 establishing and implementing rural land stewardship areas. It
437 is the intent of the Legislature that rural land stewardship
438 areas be used to further the following broad principles of rural
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439 sustainability: restoration and maintenance of the economic
440 value of rural land; control of urban sprawl; identification and
441 protection of ecosystems, habitats, and natural resources;
442 promotion of rural economic activity; maintenance of the
443 viability of Florida's agricultural economy; and protect~on of
444 the character of rural areas of Florida. Rural land stewardship
445 areas may be multicounty in order to encourage coordinated
446 regional stewardship planning.
447
3.
A local government, In conjunction with a regional
448 planning council, a stakeholder organization of private land
449 owners, or another local government, shall notify the department
450 in writing of its intent to designate a rural land stewardship
451 area. The written notification shall describe the basis for the
452 designation, including the extent to which the rural lend
453/ stewardship area enhances rural land values, controls urban
454 sprawl, provides necessary open space for agriculture and
455 protection of the natural environment, promotes rural economic
456 activity, and maintains rural character and the economic
457 viability of agriculture.
458
459
460 I
461
462
4 .
A rural land stewardship area shal_ be not less than
10,000 acres and shall be located outside of municipalities and
established urban growth boundaries, and shall be designated by
plan amendment. The plan amendment designating a rural land
stewardship area shall be subject to review by the Department of
463 Community Assistance ^ff~ir8 pursuant to s. 163.3184 and shall
464 provide for the following:
465
â.
Criteria for the designation of receiving areas within
466 rural land stewardship areas in which innovative planning and
467 development strategies may be applied. Criteria shall at a
468 minimum provide for the following: adequacy of suitable land to
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469 accommodate development so as to avoid conflict with
470 environmentally sensitive areas, resources, and habitats;
471 compatibility between and transition from higher density uses to
472 lower intensity rural uses; the establishment of receiving area
473 service boundaries which provide for a separation between
474 receiving areas and other land uses within the rural land
475 stewardship area through limitations on the extension of
476 services; and connection of receiving areas with the rest of the
477 rural land stewardship area using rural design and rural road
478 corridors.
479 b. Goals, objectives, and policies setting forth the
480 innovative planning and development strategies to be applied
481 within rural land stewardship areas pursuant to the provisions
482 of thi s section.
483 c. A process for the implementation of innovative planning
484 and development strategies within the rural land stewardship
485 area, including those described in this subsection and rule 9J-
486 5.006(5) (1), Florida Administrative Code, which provide for a
487 functional mix of land uses and which are applied through the
488 adoption by the local government of zoning and land development
489 regulations applicable to the rural land stewardship area.
490 d. A process which encourages visioning pursuant to s.
491 163.3167(11) to ensure that innovative planning and development
492 strategies comply with the provisions of this section.
493 e. The control of sprawl through the use of innovative
494 strategies and creative land use techniques consistent with the
495 provisions of this subsection and rule 9J-5. 006 (5) (1), Florida
4 96 Administrative Code.
497 5. A receiving area shall be designated by the adoption of
498 a land development regulation. Prior to the designation of a
Page 17 of 78
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Amendment No. (for drafter's use only)
499 receiving area, the local government shall provide the
500 Department of Community Assistance ^ff~ir3 a period of 30 days
501 in which to review a proposed receiving area for consistency
502 with the rural land stewardship area plan amendment and to
503 provide comments to the local government.
505 land stewardship area, the local government shall, by ordinance,
506 establish the methodology for the creation, conveyance, and use
507 of transferable rural land use credits, otherwise referred to as
504
5081
5091
510
511
512/
6.
Upon the adoption of a plan amendment creating a rural
stewardship credits, the application of 200"gn ~o t~e 2re~ Q
cert.Jin nt:;nber of credit.::;, -::'0 be k:1o',.n 20 "~r.:l~.::;fcr.:::ble rur.:ll
12nd uoc credito, " which shall not constitute a right to develop
land, nor increase density of land, except as provided by this
section. Tþe total amount of transferable rural land use credits
513 wi-::'hin ':::~o~g:1ed ~o the rural land stewardstip area must enable
514 the realization of the long-term vision and goals for cor~e.::;pond
515 ~ the 25-year or greater projected population of the rural land
516 stewardship area. Transferable rural land use credits are
517
518/
519
520
subject to the following limitations:
a. Transferable rural land use credits may only exist
within a rural land stewardship area.
b.
Transferable rural land use credits may only be used on
521 lands designated as receivi:1g areas and then solely for the
522 purpose of implementing innovative planning and development
523 strategies and creative land use planning techniques adopted by
524 the local government pursuant to this section.
525
c. Transferable rural land use credits assigned to a
526' parcel of land within a rural land stewardship area shall cease
527 to exist if the parcel of land is removed from the rural land
528 stewardship area by plan amendment.
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Amendment No. (for drafter's use only)
529\ d. Neither the creation of the rural land stewardship area
5301 by plan amendment nor the assignment of transferable rural land
531 use credits by the local government shall operate to displace
532 the underlying density of land uses assigned to a parcel of land
533 within the rural land stewardship area; however, if transferable
534 rural land use credits are transferred from a parcel for use
535 within a designated receiving area, the underlying density
536 assigned to the parcel of land shall cease to exist.
537
e.
The underlying density on each parcel of land located
538 within a rural land stewardship area shall not be increased or
539 decreased by the local government, except as a result of the
540 conveyance or use of transferable rural land use credits, as
541 long as the parcel remains within the rural land stewardship
542 area.
543
f. Transferable rural land use credits shall cease to
544 exist on a parcel of land where the underlying density assigned
545 to the parcel of land is utilized.
546
g. An increase in the density of use on a parcel of land
547 located within a designated receiving area may occur only
548 through the assignment or use of transferable rural land use
549 credits and shall not require a plan amendment.
550
h. A change in the density of land use on parcels located
551 within receiving areas shall be specified in a development order
552 which reflects the total number of transferable rural land use
553 credits assigned to the parcel of land and the infrastructure
554 and support services necessary to provide for a functional mix
555 of land uses corresponding to the plan of development.
556
i. Land within a rural land stewardship area may be
557 removed from the rural land stewardship area through a plan
558 amendment.
Page 19 of 78
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9D
559 j. Transferable rural land use credits may be assigned at
560 different ratios of credits per acre according to the natural
561 resource or other beneficial use characteristics of the land and
562 according to the land use remalnlng following the transfer of
563 credits, with the highest number of credits per acre assigned to
564 the most environmentally valuable land, or in locations where
565 the retention of ~~d ~ ~e22er number of credit2 ~o be ~82igned
566 ~ open space and agricultural land, lS a priority, to such
567 lands.
568 k. The use or conveyance of transferable rural land use
569 credits must be recorded in the public records of the county in
570 which the property is located as a Covenant or restrictive
571 easement running with the land in favor of the county and either
572 the Department of Environmental Protection, Department of
~73 Agriculture and Consumer Services, a water management òistrict,
574 or a recognized statewide land trust.
575 7. Owners of land within rural land stewardship areas
576 should be provided incentives to e~ter into rural land
577 stewardship agreements, pursuant to existing law and rules
578 adopted thereto, with state agencies, water management
579 districts, and local governments to achieve mutually agreed upon
580 conservation objectives. Such incentives may include, but not be
581 limited to, the following:
582 a. Opportunity to accumulate transferable mitigation
583 credits.
584 b. Extended permit agreements.
585 c. Opportunities for recreational leases and ecotourism.
586 d. Payment for specified land management serVlces on
587 publicly owned land, or property under covenant or restricted
588 easement in favor of a public entity.
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Amendment No. (for drafter's use only)
589
590 private land conservation entities, In either fee or easement,
591 upon achievement of conservation objectives.
e. Option agreements for sale to public entities or
592
8. The department shall report to the Legislature on an
593 annual basis on the results of implementation of rural land
594 stewardship areas authorized by the department, including
595 successes and failures in achieving the intent of the
596 Legislature as expressed in this paragraph.
597
9.
In reco nition of the benefits of conce tual
598 planning, restoration and maintenance of the economic value of
599 rural land; control of urban sprawl; identification and
600 protection of ecosystems, habitats, and natural resources;
601 promotion of rural economic activity; maintenance of the
602 viability of the agricultural economy of this state; and
603 protection of the character of rural areas of this state that
604
605
606 \
607
608
will result from a rural land stewardship area, and to f~~ther
encourage the innovative planning and development strategies in
a rural land stewardship area, development within a rural land
stewardship area is exempt from the requirements of s. 380.06.
(12 )
A public school facilities element adopted to
609 implement a school concurrency program shall meet the
610 requirements of this subsection.
611
612 each county and each municipality within the county must adopt a
613 consistent public school facilities element and enter an
614 inter local agreement pursuant to s. 163.31777. The state land
615 lanning agency may provide a waiver to a count and to the
616 municipalities within the county if the utilization rate for all
617 schools within the district is less than 100 percent and the
618 projected 5-year capital outlay full-time equivalent student
(a)
In order to enact a public school facilities element,
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Amendment No. (for drafter's use only)
~[DJ
619 growth rate is less than 10 percent. At its discretion, the
620 state land planning agency may grant a waiver to a county or
6211 municipality for a single school to exceed the 100 percent
622 limitation if it can be demonstrated that the utilization rate
623 for that sin Ie school lS not reater than 105 percent and there
624 is no projected growth In the capital outlay full-time
625 equivalent student population over the next 5 years. A
626 municipality in a nonexempt county is exempt if the municipality
627 meets all of the following criteria for having no significant
628 impact on school attendance:
629 1. The municipality has issued development orders for
630 fewer than 50 residential dwelling units during the preceding 5
531 years has generated fewer than 25 additional
632 public school students during the preceding 5 years.
633 2. The municipality has not annexed new land during the
634 preceding ~ years in land use categories that permit residential
635 uses that will affect school attendance rates.
636 3. The munici ality has no ublic schools located within
637 its boundaries.
638 4. At least 80 percent of the developable land within the
639 boundaries of the municipality has been developed.
640 lQl~ A public schoo~ facilities element shall be based
641 upon data and analyses that address, among other items, how
642 level-of-service standards will be achieved and maintained. Such
643 data and analyses must include, at a minimum, such items as: the
644 interlocal agreement adopted pursuant to s. 163.31777 and the 5-
645 year school district facilities work program adopted pursuant to
646 s. 1013.35; the educational plant survey prepared pursuant to s.
647 1013.31 and an existing educational and ancillary plant map or
648 map serles; information on existing development and development
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HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES
Amendment No. (for drafter's use only)
~9D
, '
649 anticipated for the next 5 years and the long-term planning
650 perioà: an analysis of problems and opportunities for existing
651 schools and schools anticipated in the future: an analysis of
652 opportunities to collocate future schools with other public
653 facilities such as parks, libraries, and community centers; an
654 analysis of the need for supporting public facilities for
655 existing and future schools: an analysis of opportunities to
656 locate schools to serve as community focal points; projected
657 future population and associated demographics, including
658 development patterns year by year for the upcoming 5-year and
659 long-term planning periods: and anticipated educational and
660 ancillary plants with land area requirements.
661 (c)~ The element shall contain one or more goals which
662 establish the long-term end toward which public school programs
663 and activities are ultimately directed.
664 (d)+B+ The element shall contain one or more cbjectives
665 for each goal, setting specific, measurable, intermediate ends
666 that are achievable and mark progress toward the goal.
667 ~+à+ The element shall contain one or more policies for
668 each objective which establish the way in which programs and
669 activities will be conducted to achieve an identified goal.
670 l!l+e+ The objectives and policies shall address items
671 such as:
672 1.
673 2.
674 3.
675 4. Provision of Gupporting infrastructure necessary to
676 support proposed schools, including potable water, wastewater,
677 drainage, solid waste, transportation, and means b which to
The procedure for an annual update process;
The procedure for school site selection;
The procedure for school permitting:
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HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES
Þ~enèment No. (for drafter's use only)
9D
678 ensure safe access to schools, including sidewalks, bicycle
679 paths, turn lanes, and signalization;
680 5. Provision of colocation of other public facilities,
681 such as parks, libraries, and community centers, in proximity to
682, public schools;
683 6. Provision of location of schools proximate to
684 residential areas and to complement patterns of development,
685 including the location of future school sites so they serve as
686 community focal points;
687 7. Measures to ensure compatibility of school sites and
688 surrounding land uses;
689 8. Coordination with adjacent local governments and the
690 school district on emergency preparedness issues, including the
691 use of public schools to serve as emergency shelters; and
692 9. Coordination with the future land use element.
693 .lgl~ The element shall include one or more future
694 conditions maps which depict the anticipated location of
695 educational and ancillary plants, including the general location
696 of improvements to existing schools or new schools anticipated
697 over the 5-year or long-term planning period. The maps will of
698 necessity be general for the long-term planning period and more
699 specific for the 5-year period. Maps indicating general
700 locations of future schools or school improvements may not
701 prescribe a land use on a particular parcel of land.
702 (h) The state land planning agency shall establish phased
703 schedules for adoption of the public school facilities element
704 and the required updates to the public schools interlocal
705 agreement pursuant to s. 163.31777. The schedule for the updated
706 ublic schools interlocal agreement shall provide for each
707 count and local government within the count to submit the
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HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES
9D
.",
Amenèment No. (for drafter's use only)
7081 agreement no later than December 1, 2006. The schedule for the
709 public schools facilities element shall provide for each county
710 and local government within the county to adopt such element
711\ beginning December 1, 2008, and endinq no later than December 1,
712 2010. The state land planning agency shall set the same date for
713 all governmental entities within a school district. However, if
714 the county where the school district is located contains more
715 than 20 municipalities, the state land plannin agencv ma
716 establish staggered due dates for the submission of interlocal
717 agreements by these municipalities. Plan amendments to ado t a
718 public school facilities element are exempt from the provisions
719 of s. 163.3187(1).
720 (13) Each local government is encouraged to develop a
721\ community vision that provides for sustainable growth,
722 recognizes the local government's fiscal constraints, and
723 protects the local government's natural resources. At the
724 request of a local government, the applicable regional lannina
725 council shall provide assistance in the development of a long-
726 range community vision. The community vision must reflect the
727 community's shared concept for growth and development of the
728 community, including visual representations depicting the
729 desired land-use patterns and character of the communit
730 a la-year planning timeframe.
731 Section 6. Subsections (1), (2), (5), (6), and (7) of
732 section 163.31777, Florida Statutes, are amended to read:
733 163.31777 Public schools interlocal agreement.--
734 (1) (a) The county and municipalities located within the
735 geographic area of a school district shall enter into an
736 interlocal agreement with the district school board which
737 jointly establishes the specific ways in which the plans and
Page 25 of 78
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HOUSE Þ~ENDMENT FOR COUNCIL/COMM=TTEE PURPOSES
Amendment No. (for drafter's use only)
90
f f.OIf
.
738 processes of the district school board and the local governments
739 are to be coordinated. The interlocal agreements shall be
740 submitted to the state land planning agency and the Office of
741 Educational Facilities and the SMART Schools Clearinghouse in
742 accordance with a schedule published by the state land planning
743 agency.
744 (b) T~c 0chedule ~U0~ e~tQtli~h 0tcggered due dQte0 for
745 ~'Jbmi;J0ion of interloc.J.':;" .:lgreemento tho.t Qre eJ(ecuted by both
746 the lOCQl go~ernmen~ end the d~;Jtrict 0chool bOQrd, co~~encing
747 en Þ~crch 1, 2003, .:::nd concl:.:ding by Dece;nber 1, 2001, Qnd ::nU0~
748 cet the 0Qrne dQte for ell go~e~nrnento.':;" enti~ie~ ~ithin .::: ochoc':;"
7 4 9 d~ ~t~ict. Ho',,'cTvTer, if the cCl:nty ',;here the ochoo'::' district i.:
750 locctcd con~.:::in~ more then 28 ;Tlcn"cipo.litie0, thc ot.:::te l.:::nd
751 plcnning .:::gCT:cy rney eot.J.bli0h ot.:lggercd dce d.:::tco fo~ the
752 cubmiooicn of interlacel egreemento by theoc rnunicipelitieo. ~hc
753 cc::edule ffi'Jot begir: ",;ith L-:eoe e~c2.~ ",,'here both the n:..:.mber c::
754 di;Jtrict~ide cepit.:::'::' cutley f~'::'l time cq'Ji~Qlent ~tudentc equQlo
755 80 percent or more of the c'Jrrcnt 1'CQ~'O ochoa} c,:::p.:lcity end the
756 projected 5 ye.:::~ ~Llècnt c;rO'.;t:: i~ l,OeO or greQter, or \;::cre
757 the projected 5 yeer otudent g~o~t:: rQte ~o 10 percent or
758 greeter.
759 (b)+et If the student population has declined over the 5-
760 year period preceding the due date for submittal of an
761 interlocal agreement by the local government and the district
762 school board, the local government and the district school board
763 may petition the state land planning agency for a waiver of one
764 or more reql:irements of subsection (2). The waiver must be
765 granted if the procedures called for in subsection (2) are
766 unnecessary because of the school district's declining school
767 age population, considering the district's 5-year facilities
amendmentdraft12274
Page 26 of 78
'j
.~: ,.~
HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES
r 9D
Amendment No. (for drafter's use only)
768 work program prepared pursuant to s. 1013.35. The state land
769 planning agency may modify or revoke the waiver upon a finding
770 that the conditions upon which the waiver was granted no longer
771 exist. The district school board and local governments must
772 submit an interlocal agreement within 1 year after notification
773 by the state land planning agency that the conditions for a
774 waiver no longer exist.
775
776\ district school boards adopted pursuant to s. 163.3177 before
777' the effective date of this section must be updated and executed
778 pursuant to the requirements of this section, if necessary.
779 Amendments to interlocal agreements adopted pursuant to this
780 section must be submitted to the state land planning agency
781 within 30 days after execution by the parties for review
i£l-i:-à+ Interlocal agreements between local governments and
782 consistent with this section. Local governments and the district
783 school board in each school district are encouraged to adop~ a
784 single interloca1 agreement to which all join as parties. The
785 state land planning agency shall assemble and make available
786 model inter local agreements meeting the requirements of this
787 section and notify local governments and, jointly with the
788 Department of Education, the district school boards of the
789 requirements of this section, the dates for compliance, and the
790 sanctions for noncompliance. The state land planning agency
791 shall be available to informally review proposed interlocal
7921 agreements. If the state land planning agency has not received a
793 proposed interlocal agreement for informal review, the state
794 land planning agency shall, at least 60 days before the deadline
795 for submission of the executed agreement, renotify the local
796 government and the district school board of the upcoming
797 deadline and the potential for sanctions.
Page 27 of 78
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HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES
9cl)
Amendment No. (for drafter's use only)
798
(2)
~t ~ mir.i~um, The interlocal agreement shall
799 acknowled e the sc~ool board's constitutional and statutory
800 obligations to provide a uniform system of free public schools
801 on a countywide basis and the land use authority of local
802 governments, including their authority to approve or deny
803 comprehensive plan amendments and development orders. The
804 interlocal agreement must address the following issues:
805
(a)
Establish the mechanisms for coordinating the
806, development, adoption, and amendment of each local government's
807 public school facilities element with each other and the plans
808 of the school board ~o ensure a uniform districtwide school
809 concurrency system.
810
(b)
Establ~sh a rocess for the development of sit in
8111
812
criteria which encourages the location of public schools
proximate to urban residential areas to the extent possible and
813 seeks to collocate schools with other public facilities such as
814 parks, libraries, and community centers to the extent possible.
815
(c)
S ecify uniform, districtwide level-of-service
816 standards for public schools of the same type and the process
817 for modifying the adopted levels-of-service standards.
818
( d)
Establish a financially feasible process for the
819 preparation, amendment, and joint approval by each local
820 government and the school board of a public school capital
821 facilities program, and a process and schedule for incorporation
822 of the ublic school capital facilities program into the local
823 government comprehensive plans on an annual basis.
824
825 concurrency. If school concurrency is to be applied on a less
826 than districtwide basis in the form of concurrency service
827 areas, the agreement shall establish criteria and standards for
(e)
Define the geographic application of school
amendmentdraft12274
Page 28 of 78
828
829
830
831
832
833
834
835
836
837
838
839
840
841
842,
843\
844
845
846
847
848
849
850
851
852
8531
854
855
856
HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES
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Amendment No. (for drafter's use only)
the establishment and modification of school concurrency service
areas. The agreement shall also establish a process and schedule
for the mandatory incorporation of the school concurrency
service areas and the criteria and standards for establishment
of the service areas into the local government comprehensive
plans. The agreement shall ensure maximum utilization of school
capacity, taking into account transportation costs and court-
approved desegregation plans, as well as other applicable
factors. The agreement shall also ensure the achievement and
maintenance of the adopted level-of-service standards for the
geographic area of application throughout the 5 years covered by
the public school capital facilities plan and thereafter by
adding a new fifth year during the annual update.
(f) Establish a uniform districtwide procedure for
implementing school concurrency which provides for:
1. The evaluation of development applications for
compliance with school concurrency requirements, including
information provided by the school board on affected schools;
2. An opportunity for the school board to review and
comment on the effect of comprehensive plan amendments and
rezonings on the public school facilities plan; and
3. The monitoring and evaluation of the school concurrency
system.
(g) A process and uniform methodology for determining
proportionate-share mitigation pursuant to s. 380.06.
~+a+ A process by which each local government and the
district school board agree and base their plans on consistent
projections of the amount, type, and distribution of population
growth and student enrollment. The geographic distribution of
Page 29 of 78
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9'D··.· ~1It·
.} . '. .~.
~,
A
}\mendment No. (for drafter's use only)
857 jurisdiction-wide growth forecasts is a major objective of the
858 process.
859
(i)~ A process to coordinate and share information
860 relating to existing and pla~ned public school facilities,
861 including school renovations and closures, and local government
862 plans for development and redevelopment.
863
Jil+e+ Participation by affected local governments with
864 the district school board in the process of evaluating potential
865 school clos~res, significant renovations to existing schools,
866 and new school site selection before land acquisition. Local
867 governments shall advise the èistrict school board as to the
868 consistency of the proposed closure, renovation, or new site
869
8701
871
872
873
874
87s1
8761
877
878
with the local comprehensive plan, including appropriate
circumstances and criteria under which a district school board
may request an amendment to the comprehensive plan for school
, +- '
Sl,-l~g.
~+è+ A process for deLermining the need for and timing
of onsite and offsite improvements to supporL new, proposed
expansion, or redevelopment of existing schools. The process
must address identification of the party or parties responsible
for the improvements.
Jll+e+ A process for the school board to inform the local
879 government regarding the effect of comprehensive plan amendments
880 on school capacity. The capacity reporting must be consistent
881 with laws and rules relating to measurement of school facility
882 capacity and must also identify how the district school board
883 will meet the public school demand based on the facilities work
884 program adopted pursuant to s. 1013.35.
885
886 preparation of the annual update to the district school board's
~+£+ Participation of the local governments in the
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Þ..mendment No. (for drafter's use only)
887 5-year district facilities work program and educational plant
888 survey prepared pursuant to s. 1013.35.
889
890 of either school board or local government facilities can be
891 shared for mutual benefit and efficiency.
~~ A process for determining where and how joint use
892
893 the district school board and local governments, which may
894 include the dispute resolution processes contained in chapters
~+ht A procedure for the resolution of disputes between
895 164 and 186.
896
897 public participation, for the implementation of the interlocal
( )+i+
~
An oversight process, including an opportunity for
agreement.
898
899 i
900 I
901
902 A ~ignc~ory to ~he int2rloco' ~greement moy e~ect not ~o ~~cl~de
(q) A process for development of a public school
facilities element pursuant to 163.3177(12).
903 J prav1~lon meeting the requirements of porogroph (e); ho~ever,
904 3üch ~ deciaien ffiOY be mode only ofter ~ public heoring on such
905 clec'c.ion, '.;hicr, moy include the public heoring in ,>¡hich J
906 d~atrict ochoo: boord or 0 locol government odopto the
907 interlocol ogreement. ~n interloco: ogree~ent entered into
908 pursuont to this section must be consistent ~ith the odopted
909 comprehenoive plon ~nd 'ond dcvclopment regulotiona of ony locol
910 governmcnt thot io 0 aignotory.
911
( 5 )
Any local government transmitting a public school
912 element to implement school concurrency pursuant to the
913 requirements of s. 163.3180 before July 1, 2005 the effective
914 dote of thio section 1S not required to amend the element or any
915 interlocal agreement to conform with the provisions of this
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9D
916 section ~= the eleme;}t ~::J o.doptcd pricr tc or ·,,'i::.tin 1. ye2r
917 ~:ter ~~e effect~7e d~te ef thi~ ::Jcc::'~cr. ~nd remcin::J ir. effect.
918 (6) Except as provided in subsect~on (7), municipalities
919 meeting the exemption criteria in s. 163.3177(12) ho.7ing no
920 c~tcbli~hed need for c ~e~ :c~ool fo.cil~ty o.nd meeting the
921 fcllo'.;ing cri -:eri2 are exempt from the requirements of
922 subsections (1), (2), and (3)-.:..7
923 (~) The mt:nicipo.lity Ì:.:J~ nc p"Jb1 ic ::Jchool~ loc.:Jted ',;ithin
924 i t~ bo....:ndo.rie:J.
925 (b) '='1:e di~t::-ict ::Jchool boc.rd':J 5 ye.:Jr f.:Jcilitic:J í;o::-k
926 progro.m .:Jnd -:1":e leng term 2.0 :.z,'c.J.r .J.nd 2C 1'c.:Jr ',¡ark progr:lffi:J, :l:J
927 pr'::;'v'idcd in ::J. 1013.35, demon:Jt::-.:Jte t::J..J.t no nC',; .:::chcol f.:Jcility
928 ~c ~eeèed i~ t::J.e m....:n~cipc.lity. =n cdd~tion, the d~:~::-ict ~chool
929 ~oerè mu:t 7erify ~~ ~riting ttc.t nc ne~ .:::chool :.:Jci1ity ~~ll be
930 needed in the mu~ic~pelity ~~tti~ the 5 YC.:Jr ~n¿ IJ YCQr
931 ti:TIef::-o.mc:J.
932 (7) At the time of the evaluation and appräisal report,
933 each exempt municipality shall assess the extent to which it
934 continues to meet the criteria for exemption under ~
935 163.3177(12) :Jub:Jcction (6). If the municipality continues to
936 meet these criteria o.nd the dictrict ~chocl bC.J.rd verifie:J in
937 ~riting thet ;}O ne~ :Jchool f.:Jcilitie:J ~ill be needed ~ithin the
938 5 ye.J.r end lC yecr timefr.:Jffie:J, tne municipality shall continue
939 to be exempt from the interlocal-agreement requirement. Each
940 municipality exempt under s. 163.3177(12) cub:Jection (6) must
941 comply with the provisions of this section within 1 year after
942 the district school board proposes, in its 5-year district
943 facilities work program, a new school within the municipality's
944 jurisdiction.
amendmentdraft12274
Page 32 of 78
HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES
Amendment No. (for drafter's use only)
.
I
9n
tJ
945 section 7. Paragraph (a) of subsection (1), paragraphs (a)
946 and (c) of subsection (2), paragraph (c) of subsection (4),
947 subsections (5), (6), (7), (9), (10), and (13), and paragraph
948 (c) of subsection (15) of section 163.3180, Florida Statutes,
949 are amended, and subsections (16) and (17) are added to said
950 section, to read:
951 163.3180 Concurrency.--
952 (1) (a ) Sanitary sewer, solid waste, drainage, potable
953 water, parks and recreation, schools, and transportation
954 facilities, including mass transit, where applicable, are the
955 only public facilities and services subject to the concurrency
956 requirement on a statewide basis. Additional public facilities
957 and services may not be made subject to concurrency on a
958 statewide basis without appropriate study and approval by the
959 Legislature; however, any local government may extend the
960 concurrency requirement so that it applies to additional publi=
961 facilities within its jurisdiction.
962 (2) (a) Consist.ent with public health and safety, sanitary
963 sewer, solid waste, drainage, adequate water supplies, and
964 potable water facilities shall be in place and available to
965 serve new development no later than the issuance by the local
966 government of a certificate of occupancy or its functional
967 equivalent.
968 (c) Consistent with the public welfare, and except as
969 otherwise provided In this section, transportation facilities
970 dcoign~tcd ~o p~rt of the Florid~ Intr~ot~te Highv~y Syotem
971 needed to serve new development shall be in place or under
972 actual construction within 3 not more th~n 5 years after
973 issuance by the local government of a certificate of occupancy
974 or its functional equivalent. Other tr~noport~tion f~cilitieo
Page 33 of 78
amendmentdraft12274
981 transportation facilities, as implemented in local government
982 comprehensive plans, may be waived by a local government for
983 urban ~nfill and redevelopment areas designated pursuant to s.
984 163.2517 if such a waiver does not endanger public health or
985 safety as defined by the local government in its local
986 government comprehensive plan. The waiver shall be adopted as a
987 plan amendment pursuant to the process set forth in s.
988 163.3187(3) (a). .Ä. local g07ernment may grant a concurrency
989 exception pursuant to subsection (5) for transportation
990 facilities located within ttese urban infill and redevelopment
9911 areas. Within des~gnated urban infill and redevelopment areas,
992
993
994
995
996
997
998/
9991
1000
1001
1002
1003
1004
HOUSE h~ENDMENT FOR COUNCI~/COMMITTEE PURPOSES
90
l"Jnendment No. (for drafter's use only)
975 needed to ~cr~e ~cw de~elcpmcnt ~h~ll te ~~ p1cce or u~der
976 ~ct~~l CO~8tr~c~~on nc ~oro ~hcn 3 ye~r~ ~~tcr i~~uc~ce by ~he
977 loc~l go~ernmen~ of J cor~if~c~~c of OCCup~ncy or itc function~l
978 cqui~::le:1t.
979 (4)
980
(c)
The concurrency requirement, except as it relates to
the local government and Department of Transportation shall
cooperatively establish a plan for maintaining the adopted
level-of-service standards established by the Department of
Transportation for Strategic Intermodal System facilities, as
defined in s. 339.64.
(5) (a)
The Legislature finds that under limited
circumstances dealing with transportation facilities,
countervailing planning and public policy goals may come into
conflict with the requirement that adequate public facilities
and services be available concurrent with the impacts of such
development. The Legislature further finds that often the
unintended result of the concurrency requirement for
transportation facilities is the discouragement of urban infill
amendmentdraft12274
Page 34 of 78
1005
1006
1007
1008
1009
1010
1011
1012
1013
1014
1015
1016
1017,
1018
1019
1020
1021
1022
1023
1024
1025
1026
1027
1028\
1029[
1030
1031
1032
1033
1034
HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES
90
.
Amendment No. (for drafter's use only)
development and redevelopment. Such unintended results directly
conflict with the goals and policies of the 3t~tC comprchc~3ivc
pl~n ~nd the intent of this part. Therefore, exceptions from the
concurrency requirement for transportation facilities may be
granted as provided by this subsection.
(b)
A local government may grant an exception from the
concurrency requirement for transportation facilities if the
proposed development is otherwise consistent with the adopted
local government comprehensive plan and is a project that
promotes public transportation or is located within an area
designated in the comprehensive plan for:
1. Urban infil1 development,
2. Urban redevelopment,
3 .
Downtown revitalization, or
4. Urban infill and redevelopment under s. 163.2517.
5. An adopted detailed specific area plan within an
optional sector plan approved pursuant to s. 163.3245.
(c)
The Legislature also finds that developments located
within urban infi1l, urban redevelopment, existing urban
service, or downtown revitalization areas or areas designated as
urban infill and redevelopment areas under s. 163.2517 which
pose only special part-time demands on the transportation system
should be excepted from the concurrency requirement for
transportation facilities. A special part-time demand is one
that does not have more than 200 scheduled events during any
calendar year and does not affect the 100 highest traffic volume
hours.
(d)
A local government shall establish guidelines for
granting the exceptions authorized in paragraphs (b) and (c) in
the comprehensive plan. These guidelines must include
Page 35 of 78
amendmentdraft12274
HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES
90
A.rr¡enàment No. (for drafter's use only)
1035/ consideration of the Strategic Intermodal System impect8 on the
10361 F'::'or" de Ir:~:::-.J.8t.::~:::: :Lgh\;::::y SY:Jt::::m, ':::J de::ined i.:1 J. 338.001. The
1037 exceptions may be available only within the specific geographic
1038 area of the jurisdiction designated in the plan. Pursuant to s.
1039' 163.3184, any affected person may challenge a plan amendment
1040 establishing these guidelines and the areas within which an
1041 exception could be granted.
1042¡
1043
1044
1045
1046
1047
1048
1049
1050
1051
1052
1053
1054
1055
1056
1057
1058
1059
1060
1061
1062
1063
(e)
It is a high state priority that urban infill and
redevelopment be promoted and provided incentives. By promoting
the revitalization of existing communities of this state, a more
efficient maximization of space and facilities may be achieved
and urban sprawl will be discouraged. If a local government
creates a long-term vision for its community that inclüdes
adequate funding and services, the transportation facilities
concurrency requirement of paragraph (2) (c) are waived for:
1. Urban infill development;
2. Urban redevelopment;
3. Downtown revitalization;
4. Urban infill and redevelopment under s. 163.2517; or
5. Local governments that are at least 90 percent built-
out. "Built-out" means 90 percent of a local government's
developable land is currently developed. However, if a
municipality annexes unincorporated property that decreases the
percentage of build-out to an amount below 90 percent, any newly
annexed property shall not be exempt from transportation
facilities concurrency requirements unless the annexed property
is at least 90 percent built out. The local government and
Department of Transportation shall cooperatively establish a
plan for maintaining the adopted level-of-service standards
amendmentdraft12274
Page 36 of 78
1064
1065
1066
HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES
90
Amendment No. (for drafter's use only)
established by the Department of Transportation for Strategic
Intermodal System facilities, as defined in s. 339.64.
(6) ,The Legislature finds that a de minimis impact lS
1067 consistent with this part. A de minimis impact is an impact that
1068 would not affect more than 1 percent of the maximum volume at
1069 the adopted level of service of the affected transportation
1070 facility as determined by the local government. No impact will
1071 be de minimis if the sum of existing roadway volumes and the
1072¡ projected volumes from approved projects on a transportation
I
1073 facility would exceed 110 percent of the maximum volume at the
1074 adopted level of service of the affected transportation
1075 facility; provided however, that an impact of a single family
1076 home on an existing lot will constitute a de minimis impact on
1077 all roadways regardless of the level of the deficiency of the
1078 roadway. Loc~l gcvcrnmc~t8 ere cncoureg2è ~o ~dop~ ~ct~odolcg~c8
1079 to cncour~gc de min~mis imp~ct8 on tron8port~~~on f~cil~tic~
1080 \Jithin on e2Ü:Jting urbon :Jcrvicc or-e-a-:- Further, no impact will
1081 be de minimis if it would exceed the adopted level-of-service
10821 standard of any affected designated hurricane evacuation routes.
10831 Each local government shall annually adjust its concurrency
1084 management system calculation of existing background traffic to
1085 reflect projects permitted under the de minimis exemption.
1086
1087
1088
1089
1090
1091
1092
1093
(7 )
In order to promote infill development and
redevelopment, one or more transportation concurrency management
areas may be designated in a local government comprehensive
plan. A transportation concurrency management area must be a
compact geographic area with an existing network of roads where
multiple, viable alternative travel paths or modes are available
for common trips. A local government may establish an areawide
level-of-service standard for such a transportation concurrency
Page 37 of 78
amendmentdraft12274
10941
1095'
1096
1097
1098
1099
1100 I
1101
1102
1103
1104
1105
1106
1107
1108
1109
HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES
9D
Þ.J11endment No. (for drafter's Gse only)
management area based GpOI'. an analysis that provides for a
justification for the areawide level of service, how urban
infill development or redevelopment will be promoted, and how
mobility will be accomplished within the transportation
concurrency management area. Within designated urban infill and
redevelopment areas, the local government and Department of
Transportation shall cooperatively establish a plan for
(
maintaining the adopted level-of-service standards established
by the Department of Transportation for Strateaic Intermodal
System facilities, as defined in s. 339.64. The state land
planning agency shall amend chapter 9J-5, Florida Administrative
Code, to be consistent with this subsection.
í 9) (a)
Each local government may adopt as a part of its
plan, a long-term transportation and school concurrency
management S'7stems ~y~tcm with a planning period of up to 10
years for specially designated districts or areas where
11101 significant backlogs exist. The plan may include interim level-
1111 of-service standards on certain facilities and shall may rely on
1112 the local government's schedule of capital improvements for up
1113 to 10 years as a basis for issuing development orders that
1114 authorize commencement of construction pcrmit~ in these
1115
1116
1117
1118
1119
1120
1121
1122
1123
designaLed districts or areas. The concurrency management
system~ must be designed to correct existing deficiencies and
set priorities for addressing backlogged facilities. The
concurrency management system ~ must be financially feasible
and consistent with other portions of the adopted local plan,
including the future land use map.
(b)
If a local government has a transportation or school
facility backlog for existing development which cannot be
adequately addressed in a 10-year plan, the state land planning
Page 38 of 78
amendmentdraft12274
HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES
<J:m
'. ~~
..
Amendment No. (for drafter's use only)
11241 agency may allow it to develop a plan and long-term schedule of
1125 capital improvements covering B£ up to 15 years for good and
1126 sufficient cause, based on a general comparison between that
1127 local government and all other similarly situated local
1128 jurisdictions, using the following factors:
1129
1130
1131
1132
1133
1134
1135
1136
1137
1138
11391
!
1140
1141
1142
1143
1144
1145
1146
1147
1148
1149
1150[
1151
1152
1153
1. The extent of the backlog.
2 .
For roads, whether the backlog is on local or state
roads.
3. The cost of eliminating the backlog.
4. The local government's tax and other revenue-raising
efforts.
(c)
The local government may issue approvals to commence
construction, notwithstanding s. 163.3180, consistent with and
in areas that are subject to a long-term concurrency management
system.
(d) If the local government adopts a long-term concurrency
management system, the government must evaluate the system
periodically. At a minimum, the local government must assess its
progress toward improving ievels of service within the long-term
concurrency management district or area in the evaluation and
appraisal report and determine any changes that are necessary to
accelerate progress in meeting acceptable levels of service or
providing other methods of transportation.
(10ì
With regard to facilities on the Florida Intrastate
Highway System as defined in s. 338.001, with concurrence from
the Department of Transportation, the level-of-service standard
for general lanes in urbanized areas, as defined in s.
334.03(36), may be established by the local government in the
comprehensive plan. For the Strategic Intermodal System and all
other facilities on the Florida Intrastate Highway System, local
Page 39 of 78
amendmentdraft12274
HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES
9D
ÞJnendment No. (for drafter's use only)
11541 governments shall adopt the level-of-service standard that has
11551 been established by the Department of Transportation by rule.
1156 For all other roads on the State Highway System, local
1157 governments shall establish an adequate level-of-service
1159
1158 standard that need not be consistent with any level-of-service
standard established by the Department of Transportation. In
1160 establishing adequate level-af-service standards for any
11611 arterial roads or collector roads, as appropriate, which
1162: traverse multiple jurisdictions, local governments shall
1163 consider compatibility with the roadway facility's adopted
1164
1165
1166
1167
1168
1169
1170
1171
1172
1173
1174
1175
1176,
11771
1178
1179
1180
1181
1182
1183
level-of-serv~ce standards in adjacent jurisdictions. Each local
government within a county shall use a common and professionally
accepted methodology for measuring impacts on transDortation
facilities for the p~rposes of implementing its concurrency
management
Counties are encouraged to coordinate with
svstem.
~
adjacent counties for the purpose of using common methodologies
for imDlementing their concurrency management systems.
(13)
School concurrency, if impo8cd by :oc~~ optio~, shall
be establis~ed on a districtwide basis and shall include all
public schools in the district and all portions of the district,
whether located in a municipality or an unincorporated area
unless exempt from the public school facilities element pursuant
to s. 163.3177(12). The development of school concurrency shall
be accomplished through a coordinated process including the
local school district, the county, and all non-exempt
municipalities within the county and shall be reflected In the
public school facilities element adopted pursuant to the
schedule provided for in s. 163.3177(12) (h). The school
concurrency requirement shall not be effective until the
adoption of the public school facilities element. The
Page 40 of 78
amendmentdraft12274
HOUSE Þ~ENDMENT FOR COUNCIL/COMMITTEE PURPOSES
t 9D
Amendment No. (for drafter's use only)
1184 application of school concurrency to development shall be based
1185 upon the adopted comprehensive plan, as amended. All local
1186 governments within a county, except as provided in paragraph
1187 (f), shall adopt and transmit to the state land planning agency
1188 the necessary plan amendments, along with the interlocal
1189 agreement, for a compliance review pursuant to s. 163.3184(7)
1190 and (8). School concurrency sh~ll not become effective in ~
1191 county until ~ll loc~l governments, except ~s provided in
I
1192 p~r;:lgr;:lph (f), h.J.ve .J.dopted the necesO.J.ry pl.J.n .J.mendmento, ',.'hich
1193 together ~ith the interloc~l ~greement, ;:lre determined to be In
i
11941 compli;:lnce with the requirements of this p.J.rt. The minimum
1195 requirements for school concurrency are the following:
1196
(a)
Public school facilities element.--A local government
11971 shall adopt and transmit to the state land planning agency a
11981 plan or plan amendment which includes a pGblic school facilities
11991 element which is consistent with the requirements of s.
I
1200 163.3177(12) and which is determined to be in compliance as
1201 defined in s. 163.3184 (1) (b). All local government public school
1202 facilities plan elements within a county must be consistent with
1203' each other as well as the requirements of this part.
1204
1205
1206
1207
1208
1209
1210
1211
1212
1213
(b)
Level-of-service standards.--The Legislature
recognizes that an essential requirement for a concurrency
management system is the level of service at which a public
facility is expected to operate.
1. Local governments and school boards imposing school
concurrency shall exercise authority in conjunction with each
other to establish jointly adequate level-of-service standards,
as defined in chapter 9J-5, Florida Administrative Code,
necessary to implement the adopted local government
comprehensive plan, based on data and analysis.
Page 41 of 78
amendmentdraft12274
1214
1215
1216
1217
1218
1219
1220
1221
1222
1223
1224
1225
1226
1227
1228
1229
1230
1231
1232
1233
1234
1235
1236
1237
1238
1239
1240
1241
12421
1243
F
HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES
90
-.
Amendment No. (for drafter's l:se only)
2.
Public scheol level-of-service standards shall be
included and adopted into the capital improvements element of
the local comprehensive plan and shall apply districtwide to all
schools of the same type. Types of schools may include
elementary, middle, and high schools as well as special purpose
facilities such as magnet schools.
3.
Local governments and school boards shall have the
option to utilize tiered level-of-service standards to allow
time to achieve an adequate and desirable level of service as
circumstances warrant.
(c)
Service areas.--The Legislature recognizes that an
essential requirement for a concurrency system is a designation
of the area within which the level of service will be measured
when a~ application for a residential development permit is
reviewed for school concurrency pl:rpeses. This delineation is
also important for purposes e~ determining whether the local
government has a financially feasible public school capital
facilities program that will provide schools which will achieve
and maintain the adopted level-of-service sLandards.
l
In order to balance competing interests, preserve the
constitutional concept of uniformity, and avoid disruption of
existing educational and growth management processes, local
governments are encol:raged to initially apply school concurrency
to development only on a districtwide basis so that a
concurrency determination for a specific development will be
based upon the availability of school capacity districtwide. To
ensure that development is coordinated with schools having
available capacity, within 5 years after adoption of school
concurrency local governments shall apply school concurrency on
a less than districtwide basis, such as using school attendance
Page 42 of 78
amendmentdraft12274
.,
~,.,
1244
1245 2.
1246
1247
1248
1249
1250
1251
1252
1253
1254
1255
1256
1257
1258
1259
1260
1261
1262
1263
1264
1265
1266
1267
1268
1269
1270
1271
1272
1273
HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES
90 :41,'
M
Amendment No. (for drafter's use only)
zones or concurrency serVlce areas, as provided In subparagraph
2.
For local governments applying school concurrency on a
less than districtwide basis, such as utilizing school
attendance zones or larger school concurrency service areas,
local governments and school boards shall have the burden to
demonstrate that the utilization of school capacity is maximized
to the greatest extent possible in the comprehensive plan and
amendment, taking into account transportation costs and court-
approved desegregation plans, as well as other factors. In
addition, in order to achieve concurrency within the service
area boundaries selected by local governments and school boards,
the service area boundaries, together with the standards for
establishing those boundaries, shall be identified andT included
as supporting data and analysis for, 0nd ~dopted ~= p~rt o~ the
comprehensive plan. l\ny ::JUc::cquent eh0nge ~o the ::ecvT::.ce ~ re~
bound0ries for purposes of c school concurrency system sh0ll be
by pl cn 0menciment ;::md sh01l be exempt from the ::"imi~0tl on on the
frequency of pl.::m 0mendments in s. 163.3187(1).
..,
.j .
Where school capacity is available on a districtwide
basis but school concurrency is applied on a less than
districtwide basis in the form of concurrency service areas, if
the adopted level-of-service standard cannot be met in a
particular service area as applied to an application for a
development permit through mitigation or other measures and if
the needed capacity for the particular service area is available
in one or more contiguous service areas, as adopted by the local
government, ~ the development order may not sh~ll be denied
on the basis of school concurrency, and if issued, development
impacts shall be shifted to contiguous service areas with
Page 43 of 78
amendmentdraft12274
1274
1275
1276
1277
1278
1279
1280
12811
1282
1283
1284
1285
1286
1287
1288
1289
1290
1291
12921
1293
1294
1295
1296
1297
I
1298
1299
1300
1301
1302
HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES
qD
Þ..mendrnent No. (for drafter's use only)
\
schools having available capacity ~~d m~~igct~o~ m2cs~reo =h~~l
not be ex~ctcd.
(d) Financial feasibility.--The Legislature recognlzes
that financial feasibility is an important issue because the
premise of concurrency is that the public facilities will be
provided in order to achieve and maintain the adopted level-of-
service sLandard. This part and chapter 9J-5, Florida
Administrative Code, contain specific standards to determine the
financial feasibility of capital programs. These standards were
adopted to make concurrency more predictable and local
governments more accountable.
1. A comprehensive plan amendment seeking to impose school
concurrency shall contain appropriate amendments to the capital
improvements element of the comprehensive plan, consistent with
the requirements of s. 163.3177(3) and rule 9J-5.0l6, Florida
Administrative Code. The capiLal improvements element shall set
forth a financially feasible public school capital facilities
program, established in conjunction with the school board, that
demonstrates that the adopted level-of-service standards will be
ac~ieved and maintained.
2. Such amendments shall demonstrate that the public
school capital facilities program meets all of the financial
feasibility standards of this part and chapter 9J-5, Florida
Administrative Code, that apply to capital programs which
provide the basis for mandatory concurrency on other public
facilities and services.
3. When the financial feasibility of a public school
capital facilities program is evaluated by the state land
planning agency for purposes of a compliance determination, the
Page 44 of 78
amendmentdraft12274
1303
1304
1305
1306
1307
1308
1309
1310
1311
1312
1313 .
1314
1315
1316
1317
13181
1319
1320
1321,
1322
1323
1324
1325
1326
1327
1328
1329
1330
1331
I
13321
9D
.-.~--
HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES
A
Amendment No. (for drafter's use only)
evaluation shall be based upon the service areas selected by the
local governments and school board.
(e) Availability standard.--Consistent with the public
welfare, a local government may not deny a development order or
its functional equivalent permit authorizing residential
development for failure to achieve and maintain the level-of-
service standard for public school capacity in a local eption
school concurrency management system where adequate school
facilities will be in place or under actual construction within
3 years after the permit issuance by the local government of a
certificate of occupancy or its functional equivalent. School
concurrency shall be satisfied if the developer executes a
legally binding commitment to provide mitigation proportionate
to the demand for public school facilities to be created by
actual development of the property, including, but not limited
to, the options described in subparagraph 1. Approval of a
funding agreement shall not be unreasonably withheld. Any
dispute shall be mediated pursuant to s. 120.573. Options for
proportionate-share mitigation of impacts on public school
facilities shall be established in the interlocal agreement
pursuant to s. 163.31777.
1. Appropriate mitigation options include the contribution
of land; the construction, expansion, or payment for land
acquisition or construction of a public school facility; or the
creation of mitigation banking based on the construction of a
public school facility in exchange for the right to sell
capacity credits. Such options must include execution by the
applicant and the local government of a binding development
agreement that constitutes a legally binding commitment to pay
proportionate-share mitigation for the additional residential
Page 45 of 78
amendmentdraft12274
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1334
1335
1336
1337
1338
1339
1340
1341
1342
1343
1344
1345
1346
1347
1348
1349
1350
1351
1352
1353
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HOUSE AMENDMENT FOR COUNC~L/COMMITTEE PURPOSES
Amendment No. (for drafter's use only)
qO
units approved by the local covernment In a development order
and actually developed on the property, taking into account
r8sidential density allowed on the property prior to the plan
amendment that increased overall residential density. The
district school board shall be a party to such an agreement. As
a condition of its entry into such a development agreement, the
local government may require the landowner to agree to
continuing renewal of the agreement upon its expiration.
2. If the education facilities plan and the public
educational facilities element authorize a contribution of land;
the construction, expansion, or payment for land acquisition; or
the construction or expansion of a public school facility, or a
portion of such facility, as proportionate-share mitigation, the
local government shall credit such a contribution, construction,
expansion, or payment toward any other impact fee or exaction
imposed by local ordinance for the same need, on a dollar-for-
dollar basis at fair market value.
3. Anv proportionat8-share mitigation must be directed by
the school board toward a school capacity improvement that is
identified in the financially feasible 5-year district work plan
and that will be provided in accordance with a binding
developer's agreement.
(f) Intergovernmental coordination.--
1. When establishing concurrency requirements for public
schools, a local government shall satisfy the requirements for
intergovernmental coordination set forth in s. 163.3177(6) (h) 1.
and 2., except that a municipality is not required to be a
signatory to the interlocal agreement required by ss. ~
163.3177(6) (h)2. and 163.31777(6), as a prerequisite for
imposition of school concurrency, and as a nonsignatory, shall
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Amendment No. (for drafter's use only)
1363\ not participate in the adopted local school concurrency system,
1364 if the municipality meets all of the following criteria for
1365 having no significant impact on school attendance:
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a. The municipality has issued development orders for
fewer than 50 residential dwelling units during the preceding 5
years, or the municipality has generated fewer than 25
additional public school students during the preceding 5 years.
b. The municipality has not annexed new land during the
preceding 5 years in land use categories which permit
residential uses that will affect school attendance rates.
c. The municipality has no public schools located within
its boundaries.
d. At least 80 percent of the developable land within the
boundaries of the municipality has been built upon.
2. A municipality which qualifies as having no significant
impact on school attendance pursuant to the criteria of
subparagraph 1. must review and determine at the time of its
evaluation and appraisal report pursuant to s. 163.3191 whether
it continues to meet the criteria pursuant to s. 163.31777(6).
If the municipality determines that it no longer meets the
criteria, it must adopt appropriate school concurrency goals,
objectives, and policies in its plan amendments based on the
evaluation and appraisal report, and enter into the existing
interlocal agreement required by ss. -5-;- 163.3177 (6) (h) 2. and
163.31777, in order to fully participate in the school
1388\ concurrency system. If such a municipality fails to do so, it
I
1389
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will be subject to the enforcement provisions of s. 163.3191.
(g)
Interlocal agreement for school concurrency.--When
establishing concurrency requirements for public schools, a
local government must enter into an interlocal agreement which
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HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES
9~
?Æendment No. (for drafter's use only)
satisfies the requirements In s. 163.3177(6) (h)1. and 2. and the
requirements of this subsection. The interlocal agreement shall
acknowledge both the school board's constitutional and statutory
obligations to provide a uniform system of free public schools
on a countywide basis, and the land use authority of local
governments, including their authority to approve or deny
comprehensive plan amendments and development orders. The
interlocal agreement shall be submitted to the state land
planning agency by the local government as a part or the
compliance review, along with the other necessary amendments to
the comprehensive plan required by this part. In addition to the
requirements or s. 163.3177(6) (h), the interlocal agreement
shall meet the following ~equirements:
1 .
Es~ablish the mechanisms for coordinating the
development, adoption, and amendment of each local government's
puülic school facilities ele~ent with each other and the plans
of the school board ~o ensure a uniform districtwide sctool
concurrency system.
2 .
Establish a process by which each local government and
14121 the school board shall agree and base their plans on consistent
1413 prcjections of the amount, type, and distribution of pcpulation
1414 growth and coordinate and share information relating to existing
1415 and planned public school facilities projections and proposals
14161 for development and redevelopment, and infrastructure required
1417 to support public school facilities.
1418
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1422
3 .
Establish a process for the development of siting
criteria which encourages the location of public schools
proximate to urban residential areas to the extent possible and
seeks to collocate schools with other public facilities such as
parks, libraries, and community centers to the extent possible.
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HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES
Amendment No. (for drafter's use only)
4.
Specify uniform, districtwide level-of-service
standards for public schools of the same type and the process
for modifying the adopted levels-of-service standards.
5.
Establish a process for the preparation, amendment, and
joint approval by each local government and the school board of
a public school capital facilities program which is financially
feasible, and a process and schedule for incorporation of the
public school capital facilities program into the local
government comprehensive plans on an annual basis.
6.
Define the geographic application of school
1433 concurrency. If school concurrency is to be applied on a less
1434 than districtwide basis in the form of concurrency service
14351 areas, the agreement shall establish criteria and standards for
1436 the establishment and modification of school concurrency service
1437 areas. The agreement shall also establish a process and schedule
1438 for the mandatory incorporation of the schoo~ concurrency
1439 serVlce areas and the criteria and standards for establishment
1440 of the service areas into the local government comprehensive
1441 plans. The agreement shall ensure maximum utilization of school
1442 capacity, taking into account transportation costs and court-
1443 approved desegregation plans, as well as other factors. The
1444 agreement shall also ensure the achievement and maintenance of
1445 the adopted 1evel-of-service standards for the geographic area
1446 of application throughout the 5 years covered by the public
1447 school capital facilities plan and thereafter by adding a new
1448 fifth year during the annual update.
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7 .
Establish a uniform districtwide procedure for
implementing school concurrency which provides for:
a. The evaluation of development applications for
compliance with school concurrency requirements;
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b. An opportunity for the school board to review and
comment on the e=fect of comprehensive plan amendments and
rezo~lngs on the public school facilities plan; and
1456¡ c.
1457 system.
1458
The monitoring and evaluation of the school concurrency
8.
Include provisions relating to termination, suspension,
1459 and amendment of the agreement. The agreement shall provide that
1460 if the agreement is terminated or suspended, the application of
1461 school concurrency shall be terminated or suspended.
1463
1462, (15)
Local governments may establish mul:imodal level-of-
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(c)
service standards that rely primarily o~ nonvehicular modes of
transportation within the district, when justified by an
analysis demonstrating that the existing and planned community
design will provide a~ adequate level of mobility within the
district based upon pro=essionally accepted multimodal level-of-
service methodologies. Within designated urban infill and
redevelopment areas, the local government and Department of
Transportation shall coope~atively establish a plan for
maintaining the adopted level-of-service standards established
by the Department of Transportation for Strategic Intermodal
System facilities, as defined in s. 339.64. The analysis must
take into consideration the impact on the Florida Intrastate
Highway System. The analysis must also demonstrate that the
capital improvements required to promote community design are
financially feasible over the development or redevelopment
timeframe for the district and that community design features
within the district provide convenient interconnection for a
multimodal transportation system. Local governments may issue
development permits in reliance upon all planned community
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HOUSE N1ENDMENT FOR COUNCIL/COMMITTEE PURPOSES
Amendment No. (for drafter's use only)
design capital improvements that are financially feasible over
the development or redevelopment timeframe for the district,
without regard to the period of time between development or
redevelopment and the scheduled construction of the capital
improvements. A determination of financial feasibility shall be
based upon currently available funding or funding sources that
could reasonably be expected to become available over the
planning period.
(16) (a) It lS the intent of the Legislature to provide a
method by which the impacts of development on transportation
facilities can be mitigated by the cooperative efforts of the
public and private sectors.
(b) When authorized in a local government comprehensive
plan, local governments may create mitigation banks for
transportation facilities to satlsfy the concurrency provisions
of this section, using the process and methodology developed in
accordance with s. 163.3177 (6) (b).
(c) Mitigation contributions shall be used to satisfy the
transportation concurrency requirements of this section and may
be applied as a credit against impact fees. Mitigation for
development impacts to facilities on the Strategic Intermodal
System made pursuant to this subsection requires the concurrence
of the Department of Transportation. However, this does not
authorize the Department of Transportation to arbitrarily charge
a fee or require additional mitigation. Concurrence by the
Department of Transportation may not be withheld unduly.
(d) Transportation facilities concurrency shall be
satisfied if the developer executes a legally binding commitment
to provide mitigation proportionate to the demand for
transportation facilities to be created by actual development of
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A.rnendment No. (for drafter's use only)
15131 the property, inc~uding, but not limited to, the options for
1514 mitigation established in the transportation element or traffic
1515 circulation element. Approval of a funding agreement shall not
1516 be unreasonably withheld. Any dispute shall be mediated pursuant
1517 to s. 120.573. Appropriate transportation mitigation
1518 contributions may include public or private funds; the
1519 contribution of right-of-way; the construction of a
1520' transportation facility or payment for the right-of-way or
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construction of a transportation facility or service; or the
provision of transit service. Such options shall include
execution of an enforceable development agreement for projects
to be funded bv a developer.
(17) A development may satisfy the concurrency
requirements of the local comprehensive plan, the local
1527 ,9cvernment's land development regula~ions, and s. 380.06 by
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15381
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entering into a legally binding commitment to provide mitigation
proportionate to the direct impact of the development. A local
government may not require a development to pay more than its
proportionate-share contribution regardless of the method
mitigation.
Section 8.
Subsection (6) of section 163.3184, Florida
Statutes, is amended to read:
163.3184 Process for adoption of comprehensive plan or
plan amendment.--
( 6 )
(a)
STATE LAND PLANNING AGENCY REVIEW.--
The state land planning agency may ~hcll review a
proposed plan amendment upon request of a regional planning
council, affected person, or local government transmitting the
plan amendment. The request from the regional planning council
or affected person must be received within 30 days after
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HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES
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Amendment No. (for drafter's use only)
transmittal of the proposed plan amendment pursuant to
subsection (3). A regional planning councilor affected person
requesting a review shall do so by submitting a written request
to the agency with a notice of the request to the local
government and any other person who has requested notice.
Section 9. Paragraph (0) is added to subsection (1) of
section 163.3187, Florida Statutes, to read:
163.3187 Amendment of adopted comprehensive plan.--
(1) Amendments to comprehensive plans adopted pursuant to
this part may be made not more than two times during any
calendar year, except:
(0)1. For local governments that are more than 90 percent
built~out, which for purposes of this paragraph means 90 percent
of a local government's developable land is currently developed,.
any local government comprehensive plan amendments may be
aPFroved without regard to statutory. limits on the frequency of
consideration of amendments to the local comprehensive plan only
if the proposed amendment involves a use of 100 acres or fewer
and:
---------------
a. The cumulative annual effect of the acreage for all
amendments adopted pursuant to this paragraph does not exceed
500 acres.
~The proposed amendment does not involve the same
property granted a change within the prior 12 months.
c. The proposed amendment does not involve the same
owner's property within 200 feet of property granted a change
within the prior 12 months.
d. The proposed amendment does not involve a text change
to the goals, policies, and objectives of the local government's
comprehensive plan but only proposes a land use change to the
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Þ.Jtlendment No. (for drafter's Lise only)
15731 future land use map for a site-specific small scale development
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activity.
e. The property that is the subject of the proposed
amendment lS not located within an area of critical state
concern.
2.a. A local government that proposes to consider a plan
amendment pursuant to this paragraph is not required to comply
with the procedures and public notice requirements of s.
163.3184(15) (c) for such plan amendments if the local government
complies with the provisions of s. 125.66(4) (a) for a county or
of s. 166.041(3) (c) for a municipality. If a request for a plan
amendment under this paragraph is initiated by ot~er tha~ the
local government, public notice is required.
b. The local government shall send copies of the notice
and amendment to the state land planning agency, the regional
planning council, and any other person or entity requesting a
cop'!. This information shall also include a statement
identifying any property subject to the amendment that is
located within a coastal high hazard area as identified in the
local comDrehensive plan.
3. Amendments adopted pursuant to tnis Daragraph require
only one public hearing before the governing board, which shall
be an adoption hearing as described in s. 163.3184(7), and are
not subject to the requirements of s. 163.3184(3)-(6) unless the
local government elects to have them subject to those
requirements.
4. This paragraph shall not apply if ¿ municipality
annexes unincorporated property that decreases the percentage of
build-out to an amount below 90 percent.
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HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES
'9,·· ·:W·'
.. '?, ,1
,~. ,"-p".
Amendment No. (for drafter's use only)
Section 10.
Paragraphs (k) and (1) of subsection (2) and
subsection (10) of section 163.3191, Florida Statutes, are
amended to read:
163.3191 Evaluation and appraisal of comprehensive plan.--
(2 )
The report shall present an evaluation and assessment
of the comprehensive plan and shall contain appropriate
statements to update the comprehensive plan, including, but not
limited to, words, maps, illustrations, or other media, related
1610 to:
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(k)
The coordination of the comprehensive plan with
existing public schools and those identified In the applicable
educational facilities plan adopted pursuant to s. 1013.35. The
assessment shall address, where relevant, the success or failure
of the coordination of the future land use map and associated
planned residential development with public schools and their
capacities, as well as the joint decisionmaking processes
engaged in by the local government and the school board in
regard to establishing appropriate population projections and
the planning and siting of public school facilities. For
counties or municipalities that do not have a public schools
interlocal agreement or public school facility element, the
assessment shall determine whether the local government
continues to meet the criteria of s. 163.3177(12). If the county
or municipality determines that it no longer meets the criteria,
the county or municipality must adopt appropriate school
concurrency goals, objectives, and policies in its plan
amendments pursuant to the requirements of the public school
facility element and enter into the existing interlocal
agreement required by SSe 163.3177(6) (h)2. and 163.31777 in
order to fully participate in the school concurrency system
T+=
=
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ft...
Amenàment No. (for drafter's use only)
the i=~~e8 ~~e ~ot relcv~n~, the locol gcver~men~ =h~ll
dcmonc~ro~e thot they ore no~ relevcnt.
( 1 \
, ,
-I
The report must evaluate whether the local government
1635 has been successful in identifying water supply sources,
1636 including conservation and reuse, necessary to meet existing and
1637 projected water use demand for the comprehensive plan's water
1638 supply work plan. The water supply sources evaluated in the
1639 report must be consistent with cvolu~tior. ~~=t con=ider the
16401 appropriate water management district's regional water supply
1641 plan approved pursuant to s. 373.0361. The report must evaluate
~642 the degree to which the local government has implemented th~
1643 work plan for water supply facilities included in the potable
164'
1645
1646
1647
1648
1649
water element. ~he pot~ble ~~ter elemc~t ~~8t be revi=ed to
-=-:;.c-, "Jdc 0 <..'ork plon, cc','erc ~g ct l e~8"': ~ 10 yecΠpL:::.nn~ ng
pe:-~ od, :Eor buildir:g or.y -..'~ter .::n.:.pply :02ci 1 -=-tC e= "':h~t ore
c ::2:-:~ C :c ed in tr:e clement .::::.= :1eceG:J~ ~y ~c Ge ""7e c:,i :Jting ond r'.C',J
develcpment ond :Oor ~hich the 10co1 gover~~e~t ic ~cGpon:Jible.
(10 )
The governing body shall amend its comprehensive plan
1650 based on the recommendations in the reDort and shall update the
16511 comprehensive plan based on the components of subsection (2),
I
1652 pursuant to the provisions of ss. 163.3184, 163.3187, and
1653 163.3189. Amendments to update a comprehensive plan based on the
16541 evaluation and appraisal report shall be adopted within 18
I
1655 months after the report is determined to be sufficient by the
1656 state land planning agency, except the state land planning
1657 agency may grant an extension for adoption of a portion of such
1658 amendments. The state land planning agency may grant a 6-month
1659
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1661
extension for the adoption of such amendments if the request lS
justified by good and sufficient cause as determined by the
agency. An additional extension may also be granted if the
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HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES
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Amendment No. (for drafter's use only)
request will result in greater coordination between
transportation and land use, for the purposes of improving
Florida's transportation system, as determined by the agency in
coordination with the Metropolitan Planning Organization
program. Failure to timely adopt updating amendments to the
comprehensive plan based on the evaluation and appraisal report
shall result in a local government being prohibited from
adopting amendments to the comprehensive plan until the
evaluation and appraisal report updating amendments have been
adopted and found in compliance by the state land planning
agency. The prohibition on plan amendments shall commence when
the updating amendments to the comprehensive plan are past due.
The comprehensive plan as amended shall be in compliance as
defined in s. 163.3184(1)(b). Within 6 months after the
effective date of the updating amendments to the comprehensi 'ie
plan, the local government shall provide to the state land
planning agency and to all agencies designated by rule a
complete copy of the updated comprehensive plan.
Section 11. Section 163.3247, Florida Statutes, is created
to read:
163.3247 Century Commission for a Sustainable Florida.--
(1) POPULAR NAME.--This section may be cited as the
"Century Commission for a Sustainable Florida Act."
(2) FINDINGS AND INTENT.--The Legislature finds and
declares that the population of this state is expected to more
than double over the next 100 years, with commensurate impacts
to the state's natural resources and public infrastructure.
Consequently, it is in the best interests of the people of the
state to ensure sound planning for the proper placement of this
growth and protection of the state's land, water, and other
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,
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HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES
Amendment No. (for drafter's use only)
natural resources since such resources are essential to our
collective quality of life and a strong economy. The state's
growth management system should foster economic stability
through regional solutions and strategies, urban renewal and
infill, and the continued viability of agricultural economies,
while allowing for rural economic development and protecting the
unique characteristics of rural areas, and should reduce the
complexity of the regulatory process while carrying out the
incent of the laws and encouraging greater citizen
participation.
(3)
CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA;
CREATION; C?GANIZATION.--The Century Commission for a
Sustainable Florida is created as a standing body to help the
citizens of this state envision and plan their collective future
with an eye towards both 20-year and 50-vear horizons.
(a) The commission shall consist of nine members, three
appointed by the Gover~or, three appointed by the President of
the Senate, and three appointed by the Speaker of the House of
Representatives. Appointments shall be made no later than
October 1, 2005. One member shall be designated by the Gover~or
as chair of the commission. Any vacancy that occurs or the
commission must be filled in the same manner as the original
appointment and shall be for tje unexpired term of that
commission seat. Members shall serve 4-year terms, except that,
initially, to provide for staggered terms, three of the
appointees, one each by the Governor, the President of the
Senate, and the Speaker of the House of Representatives, shall
serve 2-year terms, three shall serve 3-year terms, and three
shall serve 4-year terms. All subsequent appointments shall be
for 4-year terms. An appointee may not serve more than 6 years.
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HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES
Amendment No. (for drafter's use only)
(b) The first meeting of the commission shall be held no
later than December 1, 2005, and shall meet at the call of the
chair but not less frequently than three times per year In
different regions of the state to solicit input from the public
or any other individuals offering testimony relevant to the
issues to be considered.
(c) Each member of the commission is entitled to one vote
and actions of the commission are not binding unless taken by a
three-fifths vote of the members present. A majority of the
members is required to constitute a quorum, and the affirmative
vote of a quorum lS required for a binding vote.
(d) Members of the commission shall serve without
compensation but shall be entitled to receive per diem and
travel expenses in accordance with s. 112.061 while in
performance of their duties.
(4) POWERS AND DUTIES.--The cowmission shall:
(a) Annually conduct a process through which the
commission envisions the future for the state and then develops
and recommends policies, plans, action steps, or strategies to
assist in achieving the vision.
(b) Continuously review and consider statutory and
regulatory provisions, governmental processes, and societal and
economic trends in its inquiry of how state, regional, and local
governments and entities and citizens of this state can best
accommodate projected increased populations while maintaining
the natural, historical, cultural, and manmade life qualities
that best represent the state.
(c) Bring together people representing varied interests to
develop a shared image of the state and its developed and
natural areas. The process should involve exploring the impact
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HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES
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Amendment No. (for drafter's use only)
of the estimated population i~crease and other emerging trends
and issues; creating a vision for the future; and developing a
strategic action plan to achieve that vision using 2a-year and
50-year intermediate planning timeframes.
(d)
Focus on essential state interests, defined as those
interests that transcend local or regional boundaries and are
mos~ appropriately conserved, protected, and promoted at the
state level.
(e)
Serve as an objective, nonpartisan repository of
exemplary community-building ideas and as a source to recommend
strategies and practices to assist others in working
collaboratively to problem solve on issues relating to growth
management.
(f) Annually, beginning January 16, 2007, and every year
thereafter on the same date, provide to the Governor, the
President of the Senate, and t~e Speaker of the House of
Re~resentatives a written report containing specific
recommendations for addressi~g growth management in the state,
including executive and legislative recommendations. Further,
the report shall contain discussions regarding the need for
intergovernmental cooperation and the balancing of environmental
protection and future development and recommendations on lssues,
including, but not limited to, recommendations regarding
dedicated sources of funding for sewer facilities, water supply
and quality, transportation facilities that are not adequately
addressed by the Strategic Intermodal System, and educational
infrastructure to support existing development and projected
population growth. This report shall be verbally presented to a
joint session of both houses annually as scheduled by the
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HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES
Þ~endment No. (for drafter's use only)
90
President of the Senate and the Speaker of the House of
Representatives.
(g) Beginning with the 2007 Regular Session of the
Legislature, the President of the Senate and Speaker of the
House of Representatives shall create a joint select committee,
the task of which shall be to review the findings and
recommendations of the Century Commission for a Sustainable
Florida for potential action.
(5) EXECUTIVE DIRECTOR; STAFF AND OTHER ASSISTANCE.--
(a) The Secretary of Community Assistance shall select an
executive director of the commission, and the executive director
shall serve at the pleasure of the secretary under the
supervision and control of the commission.
(0) The Department of Community Assistance shall provide
staff and other resources necessary to accomplish the goals of
the commission based upon recommendations of the Governor.
(c) All agencies under the control of the Governor are
directed, and all other agencies are requested, to render
assistance to, and cooperate with, the commission.
Section 12. Paragraph (b) of subsection (4) of section
339.135, Florida Statutes, is amended to read:
339.135 Work program; legislative budget request;
definitions; preparation, adoption, execution, and amendment.--
(4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.--
(b) 1. A tentative work program, including the ensuing
fiscal year and the successive 4 fiscal years, shall be prepared
for the State Transportation Trust Fund and other funds managed
by the department, unless otherwise provided by law. The
tentative work program shall be based on the district work
programs and shall set forth all projects by phase to be
Page 61 of 78
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Amendment No. (for drafter's use only)
1811/ undertaken during the ensuing fiscal year and planned for the
1812' successive 4 fiscal years. The total amount of the liabilities
1813 accruing in each fiscal year of the tentative work program may
1814 not exceed the revenues available for expenditure during the
I
1815 respective fiscal year based on the cash forecast for that
1816 respective fiscal year.
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2.
The tentative work program shall be developed in
accordance with the Florida Transportation Plan required in s.
339.155 and must comply with the program funding levels
contained in the program and resource plan.
3. The department may include in the tentative work
program proposed changes to the programs contained in the
previous work program adopted pursuant to subsection (5);
however, the department shall minimize changes and adjustments
that affect the scheduling of project phases in the 4 common
fiscal years containe3 in the previous adopted work program anò
the tentative work program. The department, In the development
of the tentative work program, shall advance by 1 fiscal year
all projects included in the second year of the previous year's
adopted work program, unless the secretary specifically
determines that it is necessary, for specific reasons, to
reschedule or delete one or more projects from that year. Such
changes and adjustments shall be clearly identified, and the
1834 effect on the 4 common fiscal years contained in the previous
1835 adopted work program and the tentative work program shall be
1836 shown. It is the intent of the Legislature that thc firot 5
1837 YC.::1ro cf thc .::ldoptcd ',¡ork progr.::lm for f ::!c~ Ii tico dc:Jign.::l tcd .::1.3
1838¡ p.::1rt of thc Florid::! Intr::!ot::!tc W ghH.::l:r' Syotcm ::!nd the first 3
1839 years of the adopted work program stand as the commitment of the
1840 state to undertake transportation projects that local
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HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES
ÞÆendment No. (for drafter's use only)
90
governments may rely on for planning and concurrency purposes
and in the development and amendment of the capital improvements
elements of their local government comprehensive plans.
4. The tentative work program must include a balanced 36-
month forecast of cash and expenditures and a 5-year finance
plan supporting the tentative work program.
Section 13. Section 339.28171, Florida Statutes, is
created to read:
339.28171 Local Government Concurrency Program for
Sustainable Transportation.--
(1) There is created within the Department of
Transportation a Local Government Concurrency Program for
Sustainable Transportation for the purpose of providing grants
to local governments, to improve a transportation facility or
system which addresses ident~fied concurrency managemen~ system
backlog and relieves traffic congestion in urban infill and
redevelopment areas.
(2) To be eligible for consideration, projects must be
consistent, to the maximum extent feasible, with local
government comprehensive plans and the Strategic Intermodal
System.
(3) The department shall develop criteria to fund local
government projects addressing any concurrency management system
backlog. The district secretary shall use the following criteria
to evaluate the project applications:
(a) The level of local government funding efforts.
(b) The level of local funding provided for the proposed
project.
(c) The ability of local government to rapidly address
project construction.
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90
Amendment No. (for drafter's use only)
;It
(d)
The level of municipal and county cooperation on the
proposed project.
(e)
The project location within an urban infill area, a
community redevelopment area, a concurrency management area, or
a rural area of critical economic concern.
(f)
The extent to which the project would foster public-
private partnerships and investment.
(g)
The eXL2nt to which the project provides or protects
environmentally sensitive areas.
(h)
The extent to which new technologies are used to
support urban mobility, a mass transit system, bicycle
facilities, or pedestrian pathways.
(4) As part of the project application, the local
government shall demonstrate a long-term transportation
concurrency sysLem to address the existing capital improvement
program backlog and how this project impleme~ts that plan.
(5)
The percentage o~ matching funds available to
applicants shall be based on the following:
(a)
For projects that provide capacity on the Strategic
Intermodal System shall be 35 percent.
(b)
For projects that provide capacity on the Florida
Intrastate Highway System, the percentage shall be 45 percent.
(c) For local projects that demonstrate capacity
improvements in the urban service boundary, or urban infill or
redevelopment are, or provide such capacity replacement to the
Florida =ntrastate Highway System, the percentage shall be 65
percent.
( 6)
The department may adopt rules to administer the
program.
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HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES
90
Amendment No. (for drafter's use only)
Section 14.
Section 339.2820, Florida Statutes, lS created
to read:
339.2820 Off-System Bridge Program for sustainable
Transportation.--
(1) There is created within the Department of
Transportation an Off-System Bridge Program for Sustainable
Transportation for the purpose of providing funds to improve the
sufficiency rating of local bridges.
(2) matching funds provided from the
Off-S stem ram for Sustainable Trans ortation ma
fund up to 50 percent of project costs.
(3) The department shall allocate funding available for
the Off-System Bridge Program for Sustainable Transportation for
projects to replace, rehabilitate, paint, or install scour
countermeasures to highway bridges located on public roads,
other than those cn a federal-aid highway.
(4) Projects to be funded from the Off-System Bridge
Program for Sustainable Transportation shall, at a minimum:
(a) Be classified as a structurally deficient bridge with
a poor condition rating for either the deck, superstructure, or
substructure component, or culvert.
(b) Have a sufficiency rating of 35 or below.
(c) Have average daily traffic of at least 500 vehicles.
Special consideration shall be given to bridges that are closed
to all traffic or that have a load restriction of less than 10
tons.
Section 15. Paragraphs (1) and (m) are added to subsection
(24) of section 380.06, Florida Statutes, to read:
380.06 Developments of regional impact.--
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HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES
91)
Amendment No. (for drafter's use only)
þ
(24) STATUTORY EXEMPTIONS.--
(1) Any proposed development or redevelopment within an
area designated in the comprehensive plan for:
1. Urban infill development;
2. Urban redevelopment;
3.
Downtown revitalization; or
4. Urban infill and redevelopment under s. 163.2517,
is exempt from ~he provisions of this section.
(m) Any proposed development within a rural land
stewardship area created pursuant to s. 163.3177 (11) (d) is
exempt from the provisions of this section.
Section 16. The Office of Program Policy Analysis and
1943 Government Accountability shall conduct a study C~ adjustments
1944 to the boundaries of regional planning councils, water
1945, management districts, and transportation districts. The purpose
1946 of the study is to organize these regional boundaries to be more
1947
1948
1949
1950
1951
1952
1953
1954
1955
1956
1957
1958
1959
coterminous with one another, creating a more unified system of
regional boundaries. The stJdy must be completed by December 31,
2005, and a study report submitted to the President of the
Senate, the Speaker of the House of Representatives, and the
Governor and the Century Commission for a Sûstainab1e Florida by
January 15, 2006.
Section 17. Section 1013.352, Florida Statutes, is created
to read:
1013.352 Charter School Incentive Program for Sustainable
Schools.--There is hereby created the "Charter School Incentive
Program for Sustainable Schools." Recognizing that there is an
increasing deficit in educational facilities in this state, the
Legislature believes that there is a need for creativeness in
Page 66 of 78
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1988
HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES
,9l?
,,' JlJ
Amendment No. (for drafter's use only)
planning and development of additional educational facilities.
~o assist with the development of educational facilities, those
charter schools the charter of which is approved within 18
months of the effective date of this act shall be eligible for
state funds under the following conditions:
(1) The charter school is created to address school over-
capacity issues or growth demands within the county.
(2) A joint letter from the district school board and the
charter school has been submitted with the proposed charter
school charter that provides that the school board authorized
the charter school as a result of school overcrowding or growth
demands within the county and the school board requests that the
reauirement of s. 1013.62 (1) (a) 1. are waived.
(3 )
The charter school has received an in-kind
contribution or equivalent from an outside source other than the
district school board that has been equally matched by the
district school board.
Notwithstanding s. 1013.62(7), if the above conditions apply,
the Commissioner of Education, in consultation with the
Department of Community Assistance, may waive the requirement of
s. 1013.62(1) (a)1. and, if waived, shall distribute up to $2
million per charter school based upon the amount of the in-kind
contribution or equivalent from an outside source other than the
district school board received by the charter school. Under no
conditions may the Commissioner of Education distribute funds to
a newly chartered charter school that has not received an in-
kind contribution or equivalent from an outside source other
than the district school board.
Page 67 of 78
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2003
HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES
90
.#
Þ.JTlendment No. (for drafter's use only)
Section 18.
Section 163.31776, Florida Statutes, lS
repealed.
Section 19. Effective July 1, 2005, the sum of $500
~illion is appropriated from the General Revenue Fund to the
Department of Transportation to be used as follows:
(1) The sum of $450 million shall be used for the Local
Government Concurrency Program for Sustainable Transportation
created pursuant to s. 339.28171, Florida Statutes.
(2 )
The sum of $50 million shall be used for the Off-
System Bridge Program for Sustainable Transportation created
pursuant to s. 339.2820, Florida Statutes.
Section 20.
Funding for Sustainable Water Supplies.--
(1 )
Effective July 1, 2005, the sum of $100 million is
appropriated to the Department of Environme~tal Protection to
provide fending for the development of alternative water
2004/ supplies. The department sha~l deposit such revenues into the
2005
2006
2007
20081
2009
2010
2011
2012
2013/
2014
2015
2016
2017
alternative water supply trust fund accounts created by each
district for the purpose of alternative supply development under
the following funding formula:
(a)
Forty percent to the South Florida Water Management
District.
(b)
Twenty-five percent to the Southwest Florida Water
Management District.
(c) Twenty-five percent to the St. Johns River Water
Management District.
(d) Five percent to the Suwannee River Water Management
District.
(e)
Five percent to the Northwest Florida Water Management
District.
Page 68 of 78
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9D
HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES
Amendment No. (for drafter's use only)
(2) The financial assistance for alternative water suppl
development contained in each district's economic incentives
plan as required in s. 373.196(3), Florida Statutes, shall be
deposited along with the state funds into an alternative water
supply trust account created by each district and used to fund
the local capital costs of alternative water su ly projects
approved pursuant to this section. For purposes of this section,
the term "capital costs" ineering,
and project construction costs, as well as legal,
administrative, and permitting costs, and the term "alternative
water supplies" includes, but is not limited to, water that has
been reclaimed after one or more public supply, municipal,
industrial, commercial, or agricultural uses; stormwater,
brackish water, or saltwater; sources made more efficient
through the interconnection of separate utility and other 'Nater
supply syste~s; sources made available through enhanced storage
capacity such as gro~ndwater augmentation, aquifer storage and
recovery, and surface water reservoirs; and any other
nontraditional source, including surface water within the
Southwest Florida Water Management District, of water supply
that has been treated in accordance with applicable rules and
standards sufficient to meet the intended use.
(3) All funds provided by the state for the purpose of
funding alternative water supply grants, shall, at a mlnlmum,
requlre a 50-percent match by the water management districts and
grant applicant.
Section 21. Funding for Sustainable Schools.--In order to
provide for innovative approaches to meet school capacity
demands, effective July 1, 2005, the sum of $50 million is
Page 69 of 78
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l gO
ÞÆendment No. (for drafter's use only)
2047/ appropriated from the General Revenue Fund to the Department of
2048' Education to be used as follows:
2049
2050
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2060
(1)
The sum of $35 million shall be used for the Charter
School Incentive Program for Sustainable Schools created
pursuant to section 1013.352, Florida Statutes.
(2)
The sum of $15 million shall be used for educational
facility benefit districts as provided In s. 1013.356(3),
[lorida Statutes, as follows: for construction and capital
maintenance costs not covered þy the funds provided under s.
1013.356(1), Florida Statutes, in fiscal year 2005-2006, an
amount contributed by the state equal to 25 percent of the
remaining costs of construction and capital maintenance of the
educational facilities. If all state funds have been allocated,
the district school board shall contribute an amount equal to
2061 one-half of the remaining costs. Any construction costs above
I
2062 the cost-per-student criteria established for the SIT Program in
2063
2064/
2065/
2066
2067
2068
2069
2070
2071
2072
2073
2074
2075
2076
s. 1013.72(2), Florida Statutes, shall be funded exclusively by
~he educational facilities benefit district or the community
èevelopment district. Funds contributed by a district school
board shall not be used to fund operational costs. Funds not
committed by March 31, 2006, revert to the Charter School
Incentive Program for Sustainable Schools created pursuant to s.
1013.352, Florida Statutes.
Section 22.
Small County Technical Assistance for a
Sustainable Florida.--In order to promote good growth practices
within rural areas of the state that not only prevent urban
sprawl but protect the character of our rural communities,
effective July 1, 2005, the sum of $500,000 is appropriated from
the General Revenue Fund to the Department of Community
Assistance to provide technical assistance related to innovative
amendrnentdraft12274
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HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES
9D
Amendment No. (for drafter's use only)
planning strategies unique to rural landscapes to counties with
a population of less than 50,000, as determined pursuant to s.
11.031, Florida Statutes, and the municipalities located within
those counties. The department shall provide a re ort to the
Governor, President of the Senate, and Speaker of the House of
Representatives by December 1, 2006, which shall contain a list
of local governments that were assisted, the dollar amounts
rovided to each local government, a brief descri tion of the
assistance provided and how the assistance promotes good growth
practices, and a recommendation of whether additional funds
should be appropriated to assist these counties.
Section 23.
Effective July 1, 2005, the sum of $250,000 is
2089 appropriated from the General Revenue Fund to the Department of
2090 Community Assistance to provide the necessary staff and other
20911 assistance to the Cent~ry Commission for a Sustainable Florida
2092! required by section 11.
2093
2094
2095
2096
2097
2098
2099
2100
2101
2102
2103
2104
2105
2106
Section 24.
The Division of Statutory Revision of the
Office of Legislative Services shall prepare proposed
legislation for introduction in the 2006 Regular Session to
amend provisions of the Florida Statutes to change references to
the Department of Community Affairs to the Department of
Community Assistance in conformance with the provisions of this
act.
Section 25.
This act shall take effect July 1, 2005.
================= TIT L E
A MEN D MEN T
-----------------
-----------------
Remove the entire title and insert:
A bill to be entitled
Page 71 of 78
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21321
2133.
2134
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HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES
90
~~endment No. (for drafter's use only)
An act relating to growth management incentives; providing
a popular name; amending s. 20.18, F.S.; changing the name
of the Department of Commun:ty Affairs to the Department
of Community Assistance; amending s. 163.3164, F.S.;
revising a definition to conform; defining the term
"financial feasibility"; creating s. 163.3172, F.S.;
providing legislative determinations; limiting the effect
of certain charter county charter provisions, ordinances,
or land development regulations under certain
circumstances; amending s. 163.3177, F.S.; revising
criteria for the capital improvements element of
comprehensive plans; providing for subjecting certain
local governments to sanctions by the Administration
Corrmission under certain circumstances; requiring certain
local governments to adopt a long-term capital
improvements schedule to a long-Lerm concurrency
management system and annually update such schedule;
deleting obsolete provisions; requiring local governments
to adopt a transportation concurrency management system by
ordinance; providing a methodology requirement; requiring
the Department of Transportation to develop a model
transportation concurrency management ordinance;
specifying ordinance assessment authority; providing
additional requirements for a general water element of
comprehensive plans; requiring a work plan; specifying
cooperation between certain entities relating to
developing water supply facilities; revising public
educational facilities element requirements; revising
requirements for rural land stewardship areas; exempting
rural land stewardship areas from developments of regional
Page 72 of 78
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2163
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9D
HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES
Amendment No. (for drafter's use only)
impact provisions; requiring counties and municipalities
to adopt consistent public school facilities and enter
into certain interlocal agreements; authorizing the state
land planning agency to grant waivers under certain
circumstances; providing additional requirements for
public school facilities elements of comprehensive plans;
requiring the state land planning agency to adopt phased
schedules for adopting a public school facilities element;
providing requirements; encouraging local governments to
develop a community vision for certain purposes; providing
for assistance by regional planning councils; amending s.
163.31777, F.S.; deleting a scheduling requirement for
public schools interlocal agreements; providing additional
requirements for such interlocal agreements; revising
procedures for public school elements implementing school
concurrency; revising exemption criteria for cercain
municipalities; amending s. 163.3180, F.S.; including
schools and water supplies under concurrency provisions;
revising a transportation facilities scheduling
requirement; requiring local governments and the
Department of Transportation to cooperatively establish a
plan for maintaining certain level-of-service standards
for certain facilities within certain areas; revising
criteria for local government authorization to grant
exceptions from concurrency requirements for
transportation facilities; providing for waiving certain
transportation facilities concurrency requirements for
certain projects under certain circumstances; providing
criteria and requirements; revising provisions authorizing
local governments to adopt long-term transportation
Page 73 of 78
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2168
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2170
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2174
2175
2176
2177
2178
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2180
2181 '
2182
2183
2184
2185
21861
21.87
2188
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2191
2192
2193
2194
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HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES
90
Amendment No. (for drafter's use only)
management systems to include long-term school concurrency
management systems; revising requirements; requ~ring
periodic evaluation cf long-term concurrency systems;
providing criteria; revising requirements for roadway
facilities on the Strategic Intermodal System; providing
additional level-of-service standards requirements;
revising requirements for developing school concurrency;
requiring adoption of a public school facilities element
for effectiveness of a school concurrency requirement;
providing an exception; revising service are requirements
for concurrency systems; requiring local governments to
apply school concurrency on a less than districtwide basis
under certain circumstances for certain purposes; revis~ng
provisions prohibiting a local government from denying a
development order or a functional equivalent authorizing
residential developments under certain circumstances;
specifying conditions for satisfaction of school
concurrency requirements by a developer; providing for
mediation of disputes; specifying options for
proportionate-share mitigation c: impacts on public school
facilities; providing criteria and requirements; providing
legislative intent relating to mitigation of impacts of
development on transportation facilities; authorizing
local governments to create mitigation banks for
transportation facilities for certain purposes; providing
requirements; specifying conditions for satisfaction of
transportation facilities concurrency by a developer;
providing for mitigation; providing for mediation of
disputes; providing criteria for transportation mitigation
contributions; providing for enforceable development
amendmentdraft12274
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2197
2198
2199
2200
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2206
2207
2208
2209
2210
2211
2212
2213
22141
2215
2216
2217
2218
2219
2220
2221'
2222
2223
2224
2225
2226 \
90
HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES
Amendment No. (for drafter's use only)
agreements for certain projects; specifying conditions for
satisfaction of concurrency requirements of a local
comprehensive plan by a development; amending s. 163.3184,
F.S.; authorizing instead of requiring the state land
planning agency to review plan amendments; amending s.
163.3187, F.S.; providing an additional exception to a
limitation on amending an adopted comprehensive plan by
certain local governments; providing procedures and
requirements; providing for notic~ and public hearings;
providing for nonapplication; amending s. 163.3191, F.S.;
revising requirements for evaluation and assessment of the
coordination of a comprehensive plan with certain schools;
providing additional assessment criteria for certain
counties and municipalities; requiring certain counties
and municipalities to adopt appropriate concurrency goals,
objectives, and policies in plan amendments under certain
circumstances; revising reporting requirements for
evaluation and assessment of water supply sources;
providing for a prohibition on plan amendments for failure
to timely adopt updating comprehensive plan amendments;
creating s. 163.3247, F.S.; providing a popular name;
providing legislative findings and intent; creating the
Century Commission for a Sustainable Florida for certain
purposes; providing for appointment of commission members;
providing for terms; providing for meetings and votes of
members; requiring members to serve without compensation;
providing for per diem and travel expenses; providing
powers and duties of the commission; requiring the
creation of a joint select committee of the Legislature;
providing purposes; requiring the Secretary of Community
Page 75 of 78
amendmentdraft12274
2227
2228
2229
2230
2231
2232
22331
2234
2235
2236
2237
2238
2239
2240
2241
2242
2243
2244
2245
2246
2247,
2248
2249
2250
2251
2252
2253
2254
2255
2256
HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES
9D
Amendment No. (for drafter's use only)
Assistance to select an executive director of the
commission; requiring the Department of Community
Assistance to provide staff for the commission; providing
for other agency staff sepport for the commission;
amending s. 339.135, F.S.; revising provisions relating to
funding and developing a tenta~ive work program; creating
s. 339.28171, F.S.; creating the Local Government
Concurrency Program for a Sustainable Florida; providing
program requirements; requiring the Department of
Transportation to develop criteria to assist local
governments in evaluating concurrency management system
backlogs; specifying criteria requirements; providing
requirements for local governments; specifying percentageE
for apportioning matching funds among grant applicants;
author~zing the department to adopt rules to administer
the program; creating s. 339.2820, F.S.; creating the Off-
System Bridge Program for Sustainabl~ Transportation
within the Department of Transportation for certain
purposes; providing for funding certain project costs;
requiring the department to allocate funding for the
program for certain projects; specifying criteria for
projects to be funded from the program; amending s.
380.06, F.S.; providing additional exemptions from
development of regional impact provisions for certain
projects in proposed developments or redevelopments within
an area designated in a comprehensive plan and for
proposed developments within certain rural land
stewardship areas; requiring the Office of Program Policy
Analysis and Government Accountability to conduct a study
on adjustments to boundaries of Florida Regional Planning
amendmentdraft12274
Page 76 of 78
2257
2258
2259
2260
2261
2262
2263
2264
2265
2266
2267
2268
22691
2270
22711
2272 \
2273
2274
2275'\
2276
2277
2278
2279
2280
2281
2282
2283
2284
2285
2286
HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES
90
Amendment No. (for drafter's use only)
Councils, Florida Water Management Districts, and
Department of Transportation Districts; providing
purposes; requiring a study report to the Governor and
Legislature; creating s. 1013.352, F.S.; creating a
Charter School Incentive Program for Sustainable Schools;
providing purposes; specifying conditions for eligibility
for state funds; authorizing the Commissioner of Education
to waive certain requirements and distribute certain funds
to charter schools under certain circumstances;
prohibiting the commissioner from distributing funds to
certain schools under certain circumstances; repealing s.
163.31776, F.S., relating to the public educational
facilities element; providing appropriations; specifying
uses of appropriations; providing for Small County
Technical Assistance for Sustainable Florida; p~oviding
an appropriation; providing uses; requiring the Department
of Community Assistance to report to the Governor and
Legislature; specifying report requirements; requiring the
Division of Statutory Revision of the Office of
Legislative Services to develop proposed legislation to
change references in the Florida Statutes to the
Department of Community Affairs to the Department of
Community Assistance; providing an effective date.
WHEREAS, the Legislature finds and declares that the
state's population has increased by approximately 3 million
individuals each decade since 1970 to nea~ly 16 million
individuals in 2000, and
WHEREAS, increased populations have resulted in greater
density concentrations in many areas around the state and
Page 77 of 78
amendmentdraft12274
2287
2288
2289
2290
2291
2292
2293
2294
2295
2296
2297
2298
2299
2300
2301
2302
2303
2304
2305
2306
2307
2308
2309
2310
2311
2312
2313
2314
HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES ,
Amendment No. (for drafter' s use only)
90
t
created growth issues that increasingly overlap multiple local
government jurisdictional and state agency district boundaries,
and
WHEREAS, development patterns throughout areas of the
state, in conjunction with the implementation of growth
management policies, have increasingly caused urban flight which
has resulted in urban sprawl and cause capacity issues related
to transportation facilities, public educational facilities, and
water supply facilities, and
WHEREAS, the Legislature recognizes that urban infill and
redevelopment is a ~igh state priority, and
WHEREAS, consequently, the Legislature determines it in the
best ~nterests of the people of the state to undertake action to
address th~se issues and work towards a sustainable Florida
where facilities are planned and available concurrent with
existing and projected demands while protecting Florida's
natu~al and environmental resources, rural and agricultural
resources, and maintaining a viable and sustainable economy, and
WHEREAS, the Legislature enacts measures in the law and
earmarks fun~s for the 2005-2006 fiscal year intended to result
in a reemphasis on urban inf~ll and redevelopment, achieving and
maintaining concurrency with transportation and public
educational facilities, and instilling a sense of
intergovernmental cooperation and coordination, and
WHEREAS, the Legislature will establish a standing
commission tasked with helping Floridians envision and plan
their collective future with an eye towards both 25-year and 50-
year horizons, NOW, THEREFORE,
amendmentdraft12274
Page 78 of 78
Agenda Item No, 10A
April 26, 2005
Page 1 of 4
-
EXECUTIVE SUMMARY
Recommendation to approve Resolution 2005-_ creating the Habitat Conservation Plan
Advisory Committee
OBJECTIVE: To obtain Collier County Board of County Commissioners (BCC) approval for
creating the Habitat Conservation Plan Advisory Committee
CONSIDERATION: On February 15, 2005, the Collier County Board of County
Commissioners (BCe) conducted a Listed Species Workshop and provided staff with direction
to propose the creation of a Habitat Conservation Plan Advisory Committee (HCP AC) for the
BCC's further consideration. As proposed in the attached resolution, the purpose of the nine
member HCP AC is to assist the Board of County Commissioners in determining the feasibility
and desirability of developing and implementing a Habitat Conservation Plan (HCP) that will
provide for the protection of Red-cockaded woodpeckers. All meetings of the HCP AC shall be
open to the public and shall be governed by the Florida Government in the Sunshine Law.
Summary minutes will be taken at committee meetings.
In order for the BCC to consider funding the development of a HCP in FY06, the HCP AC wil1
need to complete and present its recommendations to the BCC at the first BCC meeting in
September (9/13/05).
,.-.'
FISCAL IMP ACT: Staff time for the committee is estimated to average 10 hours per meeting.
Existing staff from the Environmental Services Department (ESD) that are not part of the
Environmental Review Section will be assigned to coordinating the committee's functions and
researching information relative to HCPs. Summary minutes will be contracted out at an
estimated cost of $175 per meeting. Staff estimates that the committee wil1 meet 6 times to
develop its recommendations for BCC review in September. Although not specifically budgeted
for this committee, funds are available in the ESD budget to cover the $1,050 in contractual
services to prepare summary meeting minutes.
GROWTH MANAGEMENT IMP ACT: This effort assists in implementing various policies
of Goal 7 of the Conservation and Coastal Management Element that addresses the protection
and conservation of wildlife.
LEGAL CONSIDERATIONS: Ordinance 2001-55, as amended, outlines the requirements for
the creation and implementation of County advisory committees. The HCP AC will be subject to
these requirements.
RECOMMENDATION: That the Board of County Commissioners approve the attached
resolution creating the Habitat Conservation Plan Advisory Committee.
PREPARED BY: William D. Lorenz Jr.. P.E., Environmental Services Department Director
~
Agenda Item No, 10A
April 26, 2005
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
1DA
This item has been continued from the March 22, 2005 BCC Meeting to the April 12, 2005
Bee Meeting and has been furtller contlllued to the April 26, 2005 Bee Meeting,
Recommendation to approve Resolution 2005-_ creating the Habitat Conservation Plan
Advisory Committee. (Joseph K, Schmitt, Administrator, Community Development)
Meeting Date
4/26/2005 9:00:00 AM
Prepared By
Date
\iV¡¡¡¡am D. Lorenz ..Jr., P.:;'.
Environmental Servi(;e~, D¡re::::tor
3/1 C{2005 3: 42: 38 PM
Community Development S,
Env¡ronmenta~ ServÎces
Environmental Services
Approved By
Sandra Lea
Executive Secretary
Date
Community Development &
Environmental Services
Community Development &
Environmental Services Admin.
3/10/20054:04 PM
Approved By
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin,
Date
Constance A, Johnson
3/11120059:14 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services
Community Development &
Environmental Services Admin,
3/11/200511:15 AM
Approved By
OMS Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
3/11/200511 :21 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
3/25/200512:08 PM
Approved By
James V, Mudd
County Manager
Date
Board of County
Commissioners
COllnty Manager's Office
3/28120054:34 PM
Agenda Item No, 10A
April 26, 2005
Page 3 of 4
RESOLUTION NO. 200S- _
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO
ESTABLISH THE HABITAT CONSERVATION PLAN
COMMITTEE AS AN AD HOC COMMITIEE; PROVIDING FOR
CREATION AND PURPOSE; PROVIDING FOR TERMS,
APPOINTMENT OF MEMBERS, AND FAILURE TO AITEND
MEETINGS; PROVIDING FOR OFFICERS, QUORUM AND
COMPENSATION; PROVIDING FUNCTIONS POWERS AND
DUTIES; AND PROVIDING FOR DISSOLUTION OF THE
COMMIITEE.
WHEREAS, th~ Board of County Commissioners has expressed a desire to create a Habitat
Conservation Plan Advisory Committee as an ad hoc committee to assess the feasibility of
developing and implementing a Habitat Conservation Plan (HCP) for Red-Cockaded
Woodpeckers and to provide a recommendation to the Board of County Commissioners as to the
desirability of the County to pursue the development of said HCP.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORlDA, that:
SECTION ONE: Creation and Purpose of the Habitat Conservation Plan Advisory
Committee.
Pursuant to the provisions of Collier County Ordinance No. 2001-55, the Board of County
Commissioners hereby establishes the Habitat Conservation Plan Advisory Committee (the
"Committee") as an ad hoc committee to assist ilie Board of County Commissioners in
determining the feasibility and desirability of developing and implementing a Habitat
Conservation Plan to provide for the protection of Red-Cockaded Woodpeckers.
SECTION TWO: Terms of Office; Appointment of Members; and Failure to Attend
Meetings.
The Committee is hereby created as an ad hoc Committee for a period to expire three years
from the date of !be resolution appointing !be members. Membership of the Committee shall be
sought and appointed in accordance with Collier County Ordinance No. 2001-55 or its successor
ordinance, and shall serve the full three-year term under !be ordinance,
The Committee sha1l be comprised of nine (9) members. To !be maximum extent possible,
the Committee membership should have representation from various stakeholder groups
including, but not limited to, potentially affected property owners, the development community,
and environmental interests. The members shall serve at the pleasure of the Board of County
Commissioners. The County Manager shall select a staff liaison to attend the Committee
meetings and assist the Committee.
If any member of the Committee is absent from two (2) or more consecutive meetings orrone-half of the meetings in a given year wiiliout a satisfactory excuse, such member's position
may be declared vacant by the Board of County Commissioners as prescribed by Collier County
Ordinance No. 2001-55, as amended or its successor ordinance.
Agenda Item No, 10A
April 26, 2005
Page 4 of 4
SECTION THREE: Officers; Quorum; and Compensation.
At the Committee's first meeting. the membership shall elect a Chair and Vice-Chair.
Thereafter, Chair members shall be appointed annually. The presence of a majority of the voting
members shall constitute a quorum. The Committee shall adopt rules and procedures for the
transaction of business and shall keep records of meetings. findings and detenninations. The
members of the Committee shall serve without compensation, but may be reimbursed for travel,
mileage and/or per diem expenses only if approved. in advance. by the Board of Counly
Commissioners,
SECTION FOUR: Functions, Powers and Duties of tbe Committee.
The functions. POWeTS and duties of the Committee shall be:
A. To serve as a forum for community review and discussion :regarding Habitat
Conservation Plans.
B. To evaluate the feasibility of using a Countywide Habitat Conservation Plan to protect
Red-Cockaded Woodpeckers in Collier County.
C. To estimate the costs of developing and implementing a Habitat Conservation Plan.
D. To provide a recommendation to the Board of County Commissioners regarding the
development and implementation of a Habitat Conservation Plan.
All meetings shall be open to the public and shall be governed by the Florida Government
in the Sunshine Law. All meetings shall be held after reasonable public notice is provided as to
the location. time and subject matter of the meetings.
SECTION FIVE: Dissolution of Committee.
At the conclusion ofthree (3) years from the date of the resolution appointing the members, the
Committee's services shall be dissolved; however, if by resolution the Board of County
Commissioners extends the term of the Committee, dissolution shall occur at the end of the
extended term.
This Resolution adopted after motion. second and majority vote.
DATED:
ATTEST:
DWIGHT E. BROCK. Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
By:
FRED W. COYLE, Chairman
Approved as to form and
legal sufficiency:
V/¡MI/ I~
Michael W. Pettit
Chief Assistant County Attorney
2
Agenda Item No, 108
April 26, 2005
Page 1 of 38
EXECUTIVE SUMMARY
Recommendation to approve three (3) funding agreements with the South Florida Water
Management District for a total amount of 5990,000.00 providing assistance with design and
construction of four (4) Stormwater Improvement Projects.
OBJECTIVE: To receive· approval of the South Florida Water Management District Fundimr
~ ~
Agreements No. OT05 1 025 in the amount of $400.000.00. No. OT050976 in the amount of
$500.000.00 and Purchase Order No, PC f)50J 076 in the amount of $90.000.00 for a tota] or
$990.000.00 providing funding assistance for the \Vcstlake Outfan Improvement and Twin Lakes
Interconnect Projects. the Gordon River Water Quality Park Project. and the Gateway Triangle
Stormwater Improvement Project. respectively.
CONSIDERATIONS: On January 27, 2005, the South Florida Water Management District
(SFWMD) offered the Collier County Storm water Management Department $400,000.00 to partially
fund construction of the Westlake Outfall Improvement Project (Project No. 510056) and Twin Lakes
Interconnect Project (Project No. 510054), $500,000.00 to partially fund the Gordon River Water
Quality Park Project (Project No. 510 1 81) and $90,000.00 for design of the Gateway Triangle
Stormwater Improvement Project (Project No. 518032).
The purpose of the Westlake Outfall Improvement Project and the Twin Lakes Interconnect Project is
to mitigate flooding by providing enhanced conveyance capabilities to the Goodlette-Frank Road
Canal while improving water quality through the addition of a water control structure for each
subdivision. The implementation of these projects will result in tangible improvements to flood
mitigation and stonnwater quality in the Gordon River Basin. Current conditions make the Westlake
and Twin Lakes Subdivisions highly susceptible to chronic flooding. Significant numbers of existing
homes are on septic, which worsens water quality conditions by adding bacteria and nutrients to the
stormwater during the rainy season. These projects must be completed within two years of execution of
the subject SFWMD agreements.
The Gordon River Quality Park Project will help attenuate flooding by reducing peak flows and
duration resulting from storm events in the Gordon River Basin while improving water quality,
wetland habitat, and groundwater recharge. The project also will provide an area for passive recreation
and natural resource appreciation. The Park design is intended to address both existing and projected
storm water conditions. The project shall maximize the public's participation in all phases of the project
developing a system which promotes environmental protection and provides recreational opportunities.
The project shall not adversely impact jurisdictional wetlands and must be completed within three
years of execution of the subject SFWMD agreement.
The purpose of the Gateway Triangle Improvements project is to reduce flooding by decreasing peak
flows and duration resulting from storm events in the Gateway Triangle Area while improving water
quality, wetland habitat, and groundwater recharge. The elements of the plan may consist of
combinations of several management actions that include modification of channels, construction of
networks of stormwater retention areas, creation of filter marshes, removal of exotic vegetation from
flood plains, and retrofitting of existing stormwater facilities.
'-.
Agenda Item No. 108
April 26, 2005
Page 2 of 38
FISCAL IMP ACT: The total proposed revenue from all three (3) funding agreements is
$990,000.00. The matching funds are available in the FY 05 crp Fund 301, Projects 510056, 510054,
5] 0181 and 5] 8032. See table below.
Project Number
Project Name
510056
i 5] 005.:!
~~.~
i 510 I ¡" j
I
: 518032
I \Vestlake Outran Improvements
Tvvin Lak:;:s
1(,"Z)~~R0cr-\\ater OLlaJit~
I Gateway Triangle
SFWMD County Available
Grant Funds . Funds
$200,000.00 : $] 72.675.00 *
· $2()() ()OO.OC I SíWO.OOO.OO
'---'--~"---'~----_.-------.~_.,...-
Park, 5;50U.OOO'()(¡ . S7U7.490.50
-I $90,000.00 i $198.675.00
* Note: A budget amendment is scheduledfÒr regular Board Meeting approval on May loth, 2005
moving $239,832.50 fi'om the Avalon School Drainage project No. 511072 to the Westlake Outjàll
Improvement prc~ject No. 510056for afžnal matchingfund amount of$372,675.00. The Avalon
School Outfall project is currentZv addressing Environmental and RegulatOlY issues, which are
scheduled to take an additional 8 months.
GROWTH MANAGEMENT IMPACT: The Westlake OutfaJl Improvement Project, Twin Lakes
Interconnect Project, Gordon River Water Quality Park and the Gateway Triangle Storm water
Improvement Project are in accordance with the goals and objectives of the Drainage Sub-element of
the Growth Management Plan.
RECOMMENDA TION: Approve the attached South Florida Water Management District Funding
Agreements No. OT05 1 025 in the amount of $400,000.00, No. OT050976 in the amount of
$500,000.00 and acceptance of Purchase Order No. PC P501076 in the amount of $90,000.00 for a
grand total of $990,000.00 for partial funding of the Westlake OutfaJl Improvement Project (PIN
510056) and the Twin Lakes Interconnect Project (PIN 5] 0054), the Gordon River Water Quality Park
Project (PIN 5] ° 18 1) and the Gateway Triangle Stormwater Improvement Project (PIN 5] 8032)
respectively, and to direct the Board Chairman to execute the agreements.
PREPARED BY: Gianfranco Nicolaci, Project Manager, Transportation Services Division,
Stormwater Management Department.
2
Agenda Item No! 013
April 26, 2005
Paga :1 of 38
COLLIER COUNTY
BOARD OF COUNTY COMMISS.IONERS
Item Number
Item Summary
10B
ReCO,'l1I~ler¡dJtjon ID aporove lhree (3) ftlnd;ng agreements wi1Ìl the South FlondQ Water
Managel11Af11 DIstrjç1 for a ,o~éJl ~mou')¡ of S990 ùDO GO preJ'/idlng a::;slstar¡œ with d~:;¡gn
and cOnslruc1ion cfftoUl' (4) Stcl"I'tlwa!er imprüvemeflt P~0j~crs (NOfM.,r: Fe,je,
!'.clmin;Slr<J!Gr, Tr,::JnfíPorta!¡on Servi,:-es.!
Meeting Date
4;'26/2005 :J 00 DJ A,M
Approved By
Rir.a.tÛD V3iH..
Din;-c.lor
Date
Trdn,,>pöftiw¡ 5t'fVic(:'S
S!()f(l1Wó:1tpr MO)!)ag(~tr1en~
:';:27120U5 8:2::; AM
Approved By
Ger",l;i KUr1z
5E'n'01 E:n!1fn~'e:
Úill<'
Tli:i.nSf,JoliH.:"1 ~.~I.':i:ic<J"
S ;unJ11.~,;H,'r ~bnQgcm~nt
:;'·2';i2IJOS 10:3'1 AM
Appru\"l~d ß~-
·.~~IS I,,-',n:'~:;>r,
~~r"'IC"':
':"_~~~~~"{Jrt,:HD!, 51:0'-.-
i,(;r,','f
:..,](' ':..-,10:' " ,(\:,
AI' proved ß)"
Sh.arol1 N8wnwr.
AÇCOtJ011t1g SUþervi.<;(,-f
O:;t",
'Tral1!ipor!jOn Sj~rl,'lt: ~~.
run~po~tali¡m AdnJini!;HiltioH
Ji30;'Z00.5 4:13 PM
Approved By
Thorn.,s. Palmer
A"s,is:tanl Counfy Attorney
DJ,tl:
COlLntyAtfott1(~Y
COUfll)' Atft)m~'r' Of!ir:e
4!1212005 '?:3:1 AM
Approved By
P"I~ Ldwh,;u(Ì
E)(I>(:~j(i\JE, Secn!t;;¡rv
D"t¡~
Tran$.þortalion Servitlè};
'f r<!nsporti!(jon 5~r':/¡n~.s Admin
4i12.'2005 1 ;52 PM
Approved 8:\,
OMS Coordinator
Admini'!>tratIVe A!>!<j¡¡ ant
Date
Coumy Mi'lnager's Oftke
OUice of Man<lg!!menr & BUdget
4i11120DS 1:50 PM
Approved By
Su.>;.;! ) \hh""r
s.~n ()r M.mó1g(!rn{~!1f¡Bud!iel Anal.v:>'
Date
C()unty 1\bnil!]er's Offic!~
OHif;¡> úr M'¡¡llagem~nt.t BW¡!JI~f
4I13i2t105 3:20 PM
Approved B}"
Michael Smykow!>ki
Manðgement & Budg('t DfH'ctCf
D3te
County Mana!Jer'!> Oftil;!~
Ofii(:j~ Dt M<HHlg~ment & Bud!JI~1
4/19,'2005 8:;m AM
App."oved B:y
James. V. Mudd
CDuniy ~1¿H1<19~)r
D.:ste
B03,d of C{)Ul1ty
COOltnissiol1ers
C"W¡W M;HI;J!Wr'S OtfÙ:p
4i1~)}ZOOS -!:!:lG AM
ORIGINÄ~' ItemNo.10B
. . .. .. . Ä. pril 26. 2005
Page 4 of 38
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AGREEMENT
THE SOUTH FLORIDA WATER MANAGEMENT
DISTRICT (hereinafter referred to as DrsTRICT) HEREBY
ENTERS INTO THIS AGREEMENT WITH:
Name: COLLIER COUNTY
Address: 2885 Horseshoe Drive South
Naples. FL 34104
ì'rü.iect\1anager: Ricardo Yaic,a. PI:
Teiephone 1"0: 231)-774-8192
Fax N'o: 239-659-5790
Hereinafter referred to as: COUNTY
This number mllst appear on all Invoices and Correspondence
OT051025
MBEPARTICIPATJON: 0 %
PROJECT TITLE: COLLIER COUNTY STORW A TER SYSTEM IMPROVEMENTS
The following Exhibits are attached hereto and made a part of this AGREEMENT:
Exhibit "A" - Not Applicable
Exhibit "B" - General Terms & Conditions
Exhibit "C" - Statement of W ark
Exhibit "D" Payment and Deliverable Schedule
Exhibit "E" - Not Applicable
Exhibit "F" - Not ApplicabJe
Exhibit "G" - Not Applicable
TOTAL DISTRICT CONSIDERATION: $ 400,000.00
Multi-Year Funding (If Applicable)
Fiscal Year Oetobe! 1.2005 - September 30, 2006 $ 250,000.00
Fiscal Year; October!, 20()() - September 30, 2007 $ 150,00000*
"Subject to Distrjct Governing Board Annual Budget Approval
TERM: Two 2 Years
District Project Manager: Elizabeth Abbott
Telephone No: 239-338-2929
Fax No. 239-338-2936
SUBMIT INVOICES AND NOTICES TO THE DISTRICT AT:
South Florida Water Management District
33tH Gun Club Road
West Palm Beach. FJorida 33406
Attention: Procurement Department
Exhibit "H" - Not Applìcable
Exhibit "I" - Not Applicable
Exhibit "J" - Not Applicable
Exhibit "K" - Not Applicable
Exhibit "L" - Not Applicable
Exhibit "M" - Not Applicable
Exhibit "N" - Not A licable
AGREEMENT TYPE: Not-to-Exceed
Fiscal Year: October I, 2007·· September 30, :2008 S *
EFFECT I VEDA TE: Last Date of Execution b ' the Parties
District Contract Specialist: Jim Robinson
Telephone No: 561-682-6373
Fax No.: 561-682-5373
SUBMIT NOTICES TO THE COUNTY AT:
Colher County
2885 Horseshoe Drive South
Naples, FL 34104
Attention: Ricardo Valera, PE
IN WITNESS WHEREOF, the authorized representative hereby executes this Contract on this date, and accepts all Tem1s and Conditions under
whieh it is issued.
COLLIER COUNTY SOllTH FLORIDA WATER MANAGEMENT mSTRICT
BV ITS GOVERNING BOARD
Accepted By:
Signature of Authorized Representative
Title:
Date:
---
Accepted By:
Frank Hayden, Procurement Director
Date:
"ì .)
~ ~./ [)I. )'R!)C!."tfMÞNT,APPROVED
.': \:>..~'"' 'fL-
Date: y~ f£~of
/
'..~/
Agenda Item No.1 08
SOUTH FLORIDA WATER MANAGEMENT DISTRIt#t~~ ;?~~
EXHIBIT "B"
GENERAL TERl\1S AND CONDITIONS
ARTICLE I-STATEMENTOFWORK
1.1 The COUNTY shall, to thc satisfaction of the
DISTRICT, fully and timely perfonn all work items
described In the "Statement of Work." attached hereto
as Exhibit "C" and made a part of this AGREEME~T.
1.2 As part of the services Ie bc provided by the
COUNTY under this AGREEMEJlíT, the COUNTY
shall substantiate, in whatevcr forum reasonabJy
requested by the DISTRICT, the methodology, Jab
analytical examinations, scientific thcories, data,
rderence materials, and research notes. The
COUNTY shal1 also be required to substantiate any
and all work completed, including but not limited to,
work completed by subcontractors, assistants,
models, concepts, analytical theories, computer
programs and conclusions utilized as the basis for the
final work product required by the AGREEMENT.
This paragraph shall survive thc expiration or
termination of this AGREEMENT.
1.3 The parties agree that time is of the essence in
the performance of each and cvery obligation under
this AGREEMENT.
1.4 In the event COUNTY employees or hired
workers are authorized by Exhibit "C" to perfonn
services on-site at DISTRICT facilities, the COUNTY
hereby agrees to be bound by all applicabJe
DISTRICT policies and standards of conduct lIsted in
Attachment I, "Contractor PolIcy Code
Acknowledgement" to Exhibit "C" and shal1 require
each individual performing such on-site work to
execute the Attachment I form. It is the COUNTY's
responsibility to advise its employees or hired workers
of the nature of the project, as described in Exhibit "C".
The COUNTY shall determine the method, details and
means of performing the services, within the
parameters established by Exhibit "C". The
DISTRICT shall provide additional guidance and
instructions to COUNTY's employees or hired
workers where necessary or appropriate as determined
by the DISTRICT.
ARTICLE 2 - COMPENSATlON/
CONSIDERATION
2.1 The total consideration for all work reqUIred
by the DISTRICT pursuant to this AGREEMENT
shal! not exceed the amount as indicated on the
cover'signarure pag: of thIs AGREEME!\T. Such
amount mcludes aJI cxpenses whIch thé' COUNTY
may incur and therefore no additional consideration
shall be authorized.
2.2 Notwithstanding the foregoing, the amount
expended under this AGREEMENT shall be paid in
accordance with, and subject to the multi-year funding
allocations for each DISTRICT fiscal year indicated
on the cover/signature page of this AGREEMENT.
Funding for each applicable fiscal year of this
AGREEMENT is subject to DISTRICT Governing
Board budgetary appropriation. [n the event the
DISTRICT does not approve funding for any
subsequent fiscal year, this AGREEMENT shalt
termmate upon expenditure of the current funding,
notwithstanding other provisions in this
AGREEMENT to the contrary. The DISTRICT will
notifY the COUNTY in writing after the adoption of
the final DISTRICT budget for each subsequent fiscal
year if funding is not approved for this
AGREEMENT.
2.3 The COUNTY assumes sole responsibility for
all work which is performed pursuant to the Statement
of Work, Exhibit "C". By providing funding
hereunder, the DISTRICT does not make any
warranty, guaranty, or any representation whatsoever
regarding the correctness, accuracy, or rcliability of any
of the work perfonned hereunder.
2.4 The COUNTY by executing this
AGREEMENT, certifies to truth-in-negotiation,
specifically, that wage rates and other factual unit costs
supporting the consideration are accurate, complete,
and current at the time of contracting. The COUNTY
agrees that the DISTRICT may adjust the
consideration for this AGREEMENT to exclude any
significant sums by which the consideration was
increased due to inaccurate, incomplete, or non-current
wage rates and other factual unit costs.
Page I of9, Exhibit "B"
-'~-'-"^.'
Contract File:\County.doc 02/15/05
8
Agenda Item NO.1 OB
SOUTH FLORIDA WATER MANAGEMENT DIST~~66 ~?~~
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
The DISTRICT shall make any such adjustment
within one (I) year follo\\ing the expiration or
termination of this AGREEMENT.
ARTICLE 3 - INVOICING AND PROMPT
PAYMENT
3.1 7ï¡e COUIVTY':o; Invoices shill! n~Ífrence the
DISTRiCT's Contract N!llnber and shall be sent to the
DISTRiCT's addre.u specified on the cover/signature
page of this AGREEMENT. The COUNTY shall not
submit invoices to any other address at the
DISTRICT.
3.2 The COUNTY shall submit the invoices on a
completion of deliverable basis, pursuant to the
schedule outlined in the Payment and Deliverable
Schedule, attached hereto as Exhibit "0" and made a
part of this AGREEMENT. In the event the
schedule does not specify payment on a completion of
deliverable basis, all invoices shall be substantiated
by adequate supporting documentation to justify
hours expended and expenses incurred within the not-
to-exceed budget, including but not limited to, copies
of approved timesheets, payment vouchers, expense
reports (including approved travel costs, if
applicable), receipts and subcontractor invoices. Any
authorized travel shalJ be reimbursed in accordance
with Chapter 112, Florida Statutes.
3.3 [t is the policy of the DISTRlCT that payment
for all goods and services shall be made in a timely
manner and that interest payments are made on late
payments. In accordance with Florida Statutes,
Section 218.70, Florida Prompt Payment Act, a
"proper" invoice is defined as an invoice that
conforms to alJ statutory requirements and all
DISTRICT requirements as specified in the
AGREEMENT for invoice submission. The time at
which payment shall be due from the DISTRlCT
shall be forty-five (45) days from receipt of a proper
invoice and acceptance of services and/or
deliverables, based on compliance with the statutory
requirements set forth in Section 218.70, F.S. and
upon satisfaction of the DISTRICT conditions as
detailed in the AGREEMENT.
Failure of the COUNTY to follow the instructions set
forth in the AGREEMENT regarding a proper
Invoice and acceptable services and/or deJiverables
may result in an unavoidable delay in payment by the
DISTRICT. All payments due from the DISTRICT
for a proper invoice and acceDtable ,c:-,:ices and/or
dehvera'r'¡cs anè not made \\'l\tlln the ll:n~' sDccIÎ1ed in
thIs section shaH bear Interest from thirty' (30) days
after the due date at the rate of one percent (I %) per
month on the unpaid balance. The COUNTY shaH
invoice the DISTRICT for payment of any accrued
unpaid interest.
Any disputes regarding invoice payments which
cannot be resolved by the appropriate department of
the DISTRICT shall be concluded by final written
decision of the DISTRlCT Leadership Team not later
than sixty (60) days after the date on which the proper
invOIce was received by the DISTRICT.
3.4 Unless otherwise stated herein, the DISTRICT
shall not pay for any obligation or expenditure made
by the COUNTY prior to the commencement date of
this AGREEMENT.
ARTICLE 4 - PROJECT MANAGEME~T/
NOTICE
4,1 The parties shall direct all technical matters
ansing in connection with the performance of this
AGREEMENT, other than invoices and notices, to the
attention of the respective Project Managers specified
on the cover/signature page of the AGREEMENT for
attempted resolution or action. The Project Managers
shall be responsible for overall coordination and
oversight relating to the performance of this
AGREEMENT. The COUNTY shaH direct all
administrative matters, including invoices and notices,
to the attention of the DISTRICT's Contract Specialist
specified on the cover/signature page of the
AGREEMENT.
All formal notices between the parties under this
AGREEMENT shall be in writing and shall be
deemed received if sent by certified mail, return receipt
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 of9, Exhibit "B"
Contract File:\County,doc 02115/05
Agenda Item NO.1 OB
SOUTH FLORIDA WATER MANAGEMENT DISTRI~t~67 ~?~~
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
the DISTRICT's Project Manager. All notices
required by this AGREEMENT shall be considered
delivered upon receipt. Should either party change its
address, written notice of such new address shall
promptly be sent to the other party.
.\;] corr~sponàence te: the DISTRICT under thIS
AGREEMENT shall reference the DISTRICT's
Contract Number specified on the cover/signature page
of the AGREEMENT.
ARTICLE 5 - INSURANCE
5.1 The COUNTY assumes any and all risks of
personal injury, bodily injury and property damage
attributable to the negligent acts or omissions of the
COUNTY and the officers, employees, servants, and
agents thereof. The COUNTY warrants and
represents that it is self-funded for Worker's
compensation and liability insurance, covering at a
minimum bodily injury, personal injury and property
damage with protection being applicabJc to the
COUNTY's officers, employees, servants and agents
while acting within the scope of their employment
during pcrfonnance under this AGREEMENT. The
COUNTY and the DISTRICT further agree that
nothing contained herein shall be construed or
interpreted as (I) denying to either party any remedy
or defense available to such party under the laws of
the State of Florida; (2) the consent of the State of
Florida or its agents and agencies to be sued; or (3) a
waiver of sovereign immunity of the State of Florida
beyond the waiver provided in Section 768.28,
Florida Statutes.
5.2 In the event the COUNTY subcontracts
any part or all of the work hereunder to any third
party, the COUNTY shaH require each and every
subcontractor to identify the DISTRICT as an
additional insured on all insurance policies as
required by the COUNTY. Any contract awarded by
the COUNTY for work under this AGREEMENT
shall include a provision whereby the COUNTY's
subcontractor agrees to indemnify, and pay on behalf,
and hold the DISTRICT harmless from all damages
arising in connection with the COUNTY's
subcontract.
ARTICLE 6 - TERMINATIONIREMEDIES
6. I It is the policy of the DISTRICT to
encourage good business practices by requiring
contractors to materially perform in accordance with
the terms and conditions of the DISTRICT
AGREEME.'\1 In accordance w¡th DISTRICI
Rule 40E-7, Par! II. F.A.C., "materi;¡: breach" JS
defined as any substantial, unexcused non-
perfonnance by failing to perfom1 an act that is an
important part of the transaction or performing an act
mconsistent with the terms and conditions of the
AGREEMENT.
If the COUNTY materially fails to fulfill its
obligations under this AGREEMENT, the
DISTRICT will provide written notice of the
deficiency by forwarding a Cure Notice citing the
specific nature of the material breach. The
COUNTY shall have thirty (30) days to cure the
breach. If the COUNTY fails to cure the breach
within the thirty (30) day period, the DISTRICT
shalJ issue a Termination for Default Notice. Once the
DISTRICT has notified the COUNTY that it has
materially breached its contract with the DISTRICT,
by sending a Termination for Default Notice, the
DISTRICT's Governing Board shall detennine
whether the COUNTY should be suspended from
doing future work with the DISTRICT, and if so, for
what period of time. The DISTRICT's Governing
Board will consider the factors detailed in Rule 40E-
7, Part II, F.A.C. in making a determination as to
whether a COUNTY should be suspended, and if so,
for what period of time. Should the DISTRICT
terminate for default in accordance with this
provision, the DISTRICT shall be entitled to recover
reprocurement costs in addition to all other remedies
under law and/or equity.
6.2 The DISTRICT may tenninate this
AGREEMENT with or without cause at any time for
convenience upon thirty (30) calendar days prior
written notice to the COUNTY. The perfonnance of
work under this AGREEMENT may be terminated by
the DISTRICT in accordance with this clause in
whole, or from time to time in part, whenever the
DISTRICT shall detennine that such termination is in
the best interest of the DISTRICT. Any such
Page 3 of9, Exhibit "B"
.'.."-.--."-".
Contract File:\County.doc 021I 5/05
-".' -.~-------~-
(I
Agenda item No.1 OB
SOUTH FLORIDA WATER MANAGEMENT DISTRIMg~68 ;~g~
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
termination shall be effected by delivery to the
COUNTY of a Notice of Termination specifying the
extent to which perfoI1l1ance of work under the
AGREEMENT is terminated. and the date upon which
such teI1l1ination becomes effective.
In the cven: of termmatloL for convenience. the
DISTRICT shall compensate the COn,TY for all
authorized and accepted deliverab]es compJeted
through the date of terminatIOn in accordance with
Exhibit "C", Statement of Work The DISTRICT shall
be relieved of any and all future obligations hereunder,
including but not limited to lost profits and
consequential damages, under this AGREEME;-'¡T.
The DISTRICT may withhold all payments to the
COUNTY for such work until such time as the
DISTRICT determines the exact amount due to the
COUNTY.
6.3 In the event a dispute arises which the project
managers cannot resolve between themselves, the
parties shall have the option to submit to non-binding
mediation. The mediator or mediators shall be
impartial, shall be selected by the parties, and the cost
of the mediation shall be borne equally by the parties.
The mediation process shall be confidential to the
extent permitted by law.
6.4 The DISTRICT may order that all or part of the
work stop if circumstances dictate that this action is III
the DISTRICT's best interest. Such circumstances
may include, but are not limited to, unexpected
technical developments, direction given by the
DISTRICT's Governing Board, a condition of
immediate danger to DISTRICT employees, or the
possibility of damage to equipment or property. TllÌs
provision shall not sluft responsibility for loss or
damage, including but not limited to, lost profits or
consequential damages sustained as a result of such
delay, from the COUNTY to the DISTRICT. If this
provision is invoked, the DISTRICT shall notify the
COUNTY in writing to stop work as of a eertain date
and specify the reasons for the action, which shall not
be arbitrary or capricious. The COUNTY shall then be
obligated to suspend all work efforts as of the effective
date of the notice and until further written direction
from the DISTRICT is received. Upon resumption of
work, if deemed appropriate by the DISTRICT, the
DISTRICT shall initiate an amendment to this
AGREEMENT to reflect any changes to Exhibit "e",
Statement of Work and/or the project schedule.
6.5 The DISTRICT anticipates a total project cost
as indicated on the coversignature page. with the
bab.nce ofma¡dlÌJ1g funds anc10í lIt-kind se:,'lces 10 be
ob¡3111ed from the COt"~TY 111 the amount as
specified on the cover/signature page of this
AGREEMENT. In the event such COUNTY
matching funding and/or in-kind services becomes
unavailable, that shall be good and sufficient cause for
the DISTRICT to terminate the AGREEMENT
pursuant to Paragraph 6.2 above.
ARTICLE 7 - RECORDS RETENTION!
OWNERSHIP
7.1 The COUNTY shall maintain records and the
DISTRICT shall have inspection and audit rights as
follows:
A. Maintenance of Records: The COUNTY
shall maintain all financial and non-financial records
and reports directly or indirectly related to the
negotiation or performance of this AGREEMENT
including supporting documentation for any service
rates, expenses, research or reports. Such records shall
be maintained and made available for inspection for a
period of five years from completing performance and
receiving final payment under this AGREEMENT.
B. Examination of Records: The DISTRICT
or its designated agent shall have the right to examine
in accordance "'1th generally accepted governmental
auditing standards all records directly or indirectly
related to this AGREEMENT Such examination may
be made only within five years from the date of fmal
payment under this AGREEMENT and upon
reasonable notice, time and place.
C. Extended Availability of Records for Legal
Disputes: In the event that the DISTRICT should
become involved in a legal dispute with a third party
arising from perfonnance under this AGREEMENT,
the COUNTY shall extend the period of maintenance
for all records relating to the AGREEMENT until the
fmal disposition of the legal dispute, and all such
Page 4 of 9, Exhibit "B"
Contract File:\County.doc 02/1 5/05
8
Agenda Item NO.1 08
SOUTH FLORIDA WATER MANAGEMENT DISTRItBt~69 ;?g~
EXHIBIT" B"
GENERAL TERMS AND CONDITIONS
records shall be made readi]y available to the
DISTRICT.
7.2 The DISTRICT shall retain exc]usive title,
copyright and other proprietary rights in all work items,
including but not limited to, all documents, technical
reports, resear:'!; notes, sClentiíì,' dal~. comput,'~
programs. incìuàmg the source and object coàe,
whIch are developed. created or otherwise onginated
hereunder by the COUNTY, its subcontractor(s),
assign(s), agent(s) andlor successor(s) as required by
the Exhibit "C", Statement of Work (the "Work"). In
consideration for the DISTRICT entering into this
AGREEMENT, and other good and valuabJe
consideration the sufficiency and receipt in fuIJ of
which is hereby acknowledged by the COUNTY, the
COUNTY hereby assigns, transfers, sells and
otherwise grants to the DISTRICT any and all rights
it now has or may have in the Work (the "Grant").
This Grant shall be self-operative upon execution by
the parties hereto, however the COUNTY agrees to
execute and deliver to the DISTRICT any further
assignments or other instruments necessary to
evidence the Grant, without the payment of any
additional consideration by the DISTRICT. The
COUNTY may not disclose, use, license or sell any
work developed, created, or otherwise originated
hereunder to any third party whatsoever. This
paragraph shall survive the tennination or expiration
of this AGREEMENT.
7.3 The COUNTY represents and warrants that
proprietary software, if any, to be provided to the
DISTRICT by the COUNTY hereunder, as
specifically identified in Exhibit "C", Statement of
Work shall have been developed solely by or for the
COUNTY, or lawfully acquired under license from a
third party, including the right to sublicense such
software. The COUNTY shall include copyright or
proprietary legends in the software and on the label of
the medium used to transmit the software. The
COUNTY shall grant to the DISTRICT a perpetual,
non-transferable, non-exclusive right to use the
identified software without an additional fee. The
DISTRICT acknowledges that title to the software
identified in Exhibit "C" shall remain with the
Licensor.
7.4 Any equipment purchased by the COUNTY
with DISTRICT funding under this AGREEMENT
sha]] be returned and title transferred from the
COU~TY to the DISTRICT immediately upon
termmation or expiration of this AGREEMENT
upon the written request of the DISTRICT not Jess
tban thirty (7)0 àays prior to AGREEME1\'T
expiratIOn or termmation. Equipment is herehy
deíìned as any non-consumable Items purchased by
the DISTRICT with a value equal to or greater than
$1,000.00 and with a normal expected life of one (I)
year or more. The COUNTY wi]] maintain any such
equipment in good working condition while in its
possession and wi]] return the equipment to the
DISTRICT in good condition, less normal wear and
tear. The COUNTY will use its best efforts to
safeguard the equipment throughout the period of
performance of this AGREEMENT. However the
DISTRICT will not hold the COUNTY liable for
loss or damage due to causes beyond the COUNTY's
reasonable contro1. In the event of loss or damage,
the COUNTY shall notify the DISTRICT in wTiting
within five (5) working days of such OCcurrence.
7.5 The DISTRICT has acquired the right to use
certain software under license from third parties. For
purposes of this AGREEMENT, the DISTRICT
may pemùt the COUNTY access to certain third
party owned software on DISTRICT computer
systems. The COUNTY acknowledges the
proprietary nature of such software and agrees not to
reproduce, distribute or disclose such software to any
third party. Use of or access to such software shalJ be
restricted to designated DISTRICT owned systems
or equipment. Removal of any copy of licensed
software is prohibited.
ARTICLE 8 - STANDARDS OF
COMPLIANCE
8.1 The COUNTY, its employees, subcontractors
or assigns, shall comply with all applicable federal,
state, and local laws and re¡,'Ulations relating to the
perfonnance of this AGREEMENT. The DISTRICT
undertakes no duty to ensure such compliance, but will
attempt to advise the COUNTY, upon request, as to
any such laws of which it has present knowledge.
Page 5 of9, Exhibit "B"
'-_._>.._----~-
Contract File:\County.doc 02/15/05
8
Agenda Item No.1 DB
SOUTH FLORIDA WATER MANAGEMENT DIST~i216ci ;~~~
EXHIBIT liB"
GENERAL TERMS AND CONDITIONS
8.2 The COU;o.¡TY hereby assures that no person
shall be discriminated against on the grounds of race,
color, creed, national origin, handicap, age, or sex, in
any activity under this AGREEMENT. The
COUNTY shal! take all measures necessary to
effectuate th~se assurances.
8.~' The Ìi:ws of the State of ï-ionàa sha11 govern a11
aspects of this AGREEMENT. In the event it IS
necessary for either party to imtiate legal action
regarding this AGREEMENT, venue shall be in Ùle
FIfteenth Judicial Circuit for c]aims Imder state law and
in the SouÙlem District of Florida for any claim<; which
are justiciable in federal court.
8.4 The COUNTY, by its execution of this
AGREEMENT, acknowledges and attests that neither
it, nor any of its suppliers, subcontractors, or
consultants who shall perform work which is intended
to benefit the DISTRICT is a convicted vendor or has
been placed on the discriminatory vendor list. If the
COUNTY or any affiliate of the COUNTY has been
convicted of a public entity crime or has been placed
on the discriminatory vendor list, a period longer than
36 months has passed since that person was placed on
the convicted vendor or discriminatory vendor list. The
COUNTY fw1her understands and acccpl<; that this
AGREEMENT shall be either void by the DISTRICT
or subject to immediate termination by the DISTRICT,
in the event Ùlere is any misrepresentation or lack of
compliance v.;jth the mandates of Section 287.133 or
Section 287.134, respectively, Florida Statutes. The
DISTRICT, in the event of such termmatlOn, shall not
incur any liability to the COUNTY for any work or
materials furnished.
8.5 The COUNTY, by its execution of this
AGREEMENT, acknowledges and attests that
neither it, nor any of its suppliers, subcontractors. or
consultants who shall perform work which is intended
to benefit Ùle DISTRICT is included on Ùle list of
Specially Designated Nationals and Blocked Persons
(SDN LIst) which is administered by the u.s.
Department of Treasury, Office of Foreign Assets
Control. The COUNTY further understands and
accepts Ùlat this AGREEMENT shall be eiÙler void
by Ùle DISTRICT or subject to irrnnediate termination
by Ùle DISTRICT, in Ùle event there is any
misrepresentation. The DISTRICT, in the event of
such termination, shall not incur any liability to the
COUNTY for any work or materials furnished.
8.6 The COllI\'TY shall be responsible and liable
for the payment of all of it> FICA/Social Security and
other appkabie Ulxec "csulting from lhis
AGREEMENT.
8.7 The COeNTY warrants that it has not
employed or retained any person, oÙler than a bona fide
employee working sole]y for the COUNTY, to solicit
or secure this AGREEMENT. Further Ùle COUNTY
warrants Ùlat is has not paid or agreed to pay any
person, other than a bona fide employee working solely
for the COUNTY, any fee, commíssion, percentage,
gift, or other consideration contingent upon or resulting
fTOm Ùle awarding or making of Ùlis AGREEMENT.
For breach of this provision, the DISTRICT may
terminate this AGREEMENT without hability and, at
its discretion, deduct or otherwise recover the fun
amount of such fee, commission, percentage, gift, or
other consideration.
8.8 The COUNTY shall allow public access to all
project documents and materials in accordance with the
provisions of Chapter 119, Florida Statutes. Should the
COUNTY assert any exemptions to the requirements
of Chapter 119 and related Statutes, Ùle burden of
establishing such exemption, by way of injunctive or
other relief as provided by law, shall be upon the
COUNTY.
8.8.1 Pursuant to Sections 119.07(3)(0), and
1004.32 Florida Statutes, data processing software
obtained by an agency under a license
AGREEMENT which prohibits its disclosure and
which software is a trade secret, as defined in
Sections 812.081(c), Florida Statutes is exempt from
the disclosure provisions of the Public Records law.
However, the parties hereto agree that if a request is
made of the DISTRICT, pursuant to Chapter 119,
Florida Statute, for public disclosure of proprietary
property being licensed to the COUNTY (Licensee)
hereunder, the DISTRICT shall advise the
COUNTY (Licensee) of such request and, as
between the DISTRICT and the COUNTY
(Licensee), it shall be the COUNTY's (Licensee's)
Page 6 of9, Exhibit "B"
Contract File:\County.doc 02/15/05
8
Agenda Item No.1 OB
SOUTH FLORIDA WATER MANAGEMENT DISTRI~~61' ;?~~
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
sole burden and responsibility to immediately seek
and obtain such injunctive or other relief from the
Courts and to immediately serve notice of the same
upon the Licensor to protect the Licensor's claimed
exemption under the Statute.
£9 The COt'''!TY shaH make reasonable efforts
to obtam any necessary federal. state, local. and other
governmental approvals. as well as all necessary
private authorizations and permits, prior to the
commencement of performance of thIS
AGREEMENT. A delay in obtaining permits shall
not give rise to a claim by the COUNTY for
additional compensation. If the COUNTY is unable
to obtain all necessary permits in a timely manner,
either party may elect to terminate this
AGREEMENT, each party to bear its own costs,
notwithstanding other provisions of this
AGREEMENT to the contrary.
8.10 Pursuant to Section 2 I 6.347, F.S., the
COUNTY is prohibited from the expenditure of any
funds under this AGREEMENT to lobby the
Legislature, the judicial branch or another state agency.
S.] I The DISTRICT is a governmental entity
responsible for performing a public service and
therefore has a Jegitimate interest in promoting the
goals and objectives of the agency. The work under
this AGREEMENT involves a project consistent
with these goals and objectives. Consequently, the
DISTRICT is desirous of satisfactorily completing
and successfully promoting this project with the
cooperation of its COUNTY. Therefore, the
COUNTY assures the DISTRICT that the
COUNTY, its employees, subcontractors and assigns
will refrain from acting adverse to the DISTRICT'S
legitimate interest in promoting the goals and
objectives of this project. The COUNTY agrees to
take all reasonable measures necessary to effectuate
these assurances. In the event the COUNTY
determines it is unable to meet or promote the goals
and objectives of the project, it shall have the duty to
immediately notify the DISTRICT. Upon such
notification the DISTRICT, in its discretion, may
terminate this AGREEMENT.
ARTICLE 9 - RELATIONSHIP BETWEEN
THE PARTIES
9.1 The COUNTY shall be considered an
independent contTactor and neither party shaH be
considered an employee or agent of the other party.
Nothmg in this AGREEMENT shalI be interpreted to
establish any re]ationslllp other than that of
independent contractor between the parties and their
respective employees, agent~, subcontractors, or
assigns during or after the performance on this
AGREEMENT. Both parties arc fiee to enter into
contracts W¡th other parties for similar services.
9.2 In the event that the COUNTY is providing staff
who will be working on-site at DISTRICT facihties, it
is further understood that the COUNTY shall be the
employer of the staff provided pursuant to the
AGREEMENT for all purposes under state and
federal law and that the COUNTY's staff shall not be
ehgible for any benefit programs the DISTRICT ofters
to its employees. All benefits available to the
COUNTY's staff shall be exclusively provided by the
COUNTY or by the COUNTY's employee.
The COUNTY is sole]y responsible for compliance
with all labor and tax laws pertaining to officers, agents
and COUNTY employees and shall indemnify and
ho]d the DISTRICT harmless nom any failure by the
COUNTY to comply with such laws. The
COL'NTY's duties with respect to such personnel shall
include, but are not limited to, the following:
9.2.1 Billing, collection, payroll services and tax
withholding, and any other related services
9.2.2 Providing insurance coverage pursuant to
Article 5 of this AGREEME~T.
9.2.3 Providing any and all employment
benefits, including, but not limited to, annual leave,
sick leave, paid holidays, health insurance, retirement
benefits and disability insurance.
9.2.4 Complying with the Fair Labor Standards
Act, 29 U.S.c. 20], et.seq., including payment of
overtime in accordance with the Act.
Page 7 of9, Exhibit "B"
Contract File:\County.doc 02/15/05
8
Agenda Item NO.1 08
SOUTH FLORIDA WATER MANAGEMENT DISTRI=216i ~~~~
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
9.2.5 Providing employee training for all
activities necessary for job performance, except those
functions that are unique to the DISTRICT, in which
event, the DISTRICT, in ItS sole Judgment and
discretion.. may provide training:.
9.: h l' th·;: inté?m ane underc:aoClm¡; 0" the P"rt;-::
that this AGREEMEr"T IS so\::)y for the benefn of th"
COUNTY and the DISTRICT. No person or entity
other than the COUNTY or the DISTRJCT shall have
any rights or privileges under this AGREEMENT in
any capacity whatsoever, either as thud-party
beneficiary or otherwise.
9.4 The COUNTY shall not assign.. delegate, or
otherwise transfer its rights and obligations as set forth
in this AGREEMENT without the prior wntten
consent of the DISTRICT. Any attempted assigruncnt
in violation of this provision shall be void.
9.5 The COUNTY shall not pledge the
DISTRICT's credit or make Ù1e DISTRlCT a
guarantor of payment or surety for any
AGREE:\-1ENT, debt, obligation, judgement. lien, or
any fom1 of indebtedness.
9.6 The DISTRICT assumes no duty wiÙ1 regard to
the supervision of the COUNTY and the COUNTY
shall remain solely responsible for compliance v..ith all
safety requirements and for the safety of all persons and
property at the site of AGREEMENT performance.
ARTICLE 10 - MBE PARTICIPATION
10.1 The COUNTY hereby acknowledges that no
Minority Business Enterprises (MBE) participation
level has been established for this AGREEMENT;
however, both parties agree to provide the other
advance notice of competitive contracts that may
result from this AGREEMENT along with timelines
for public notice and award of such contracts. [n the
event subsequent competitive contract awards do
result in MBE participation, such participation shall
be reported to the other party. Both the COUNTY
and the DISTRJCT will ensure compliance with the
provisions of their respective program, laws,
ordinances and policies and will support the other's
initiatives to the extent allowed by law.
ARTICLE 11 - GENERAL PROVISIONS
11.1 Notwithstanding any provisions of this
AGREEMENT to the contrary, the parties shall not be
held liable for any failure or delay in the performance
of this AGREEMENT that :!:-ises fron~ fires. flood:,.
strikes. embargœs. acts of thc- public 2n-:my. unusuaj¡~
severe weather, outbreak of war, restraint 0'
Government. riots. civil commotion.. force majeure, act
of God, or for any other cause of the same character
which is unavoidable through the exercise of due care
and beyond the control of the parties. Failure to
perfoJìl1 shall be excused during the continuance of
such circumstances, but this AGREEMENT shall
otherwise remain in effect This provision shall not
apply if the "Statement of Work" of this
AGREEMENT specifies that perfoJìl1ance by
COUNTY is specifically required during the
occurrence of any of the events herein mentioned.
11.2 Any inconsistency in this AGREEMENT shall
be resolved by giving precedence in the following
order:
(a) Exhibit "A" Special Provisions, if applicable
(b) Exhibit "B" General Terms and Conditions
(c) Exhibit "C" Statement of Work
(d) all other exhibits, attachments and documents
specifically incorporated herein by reference
11.3 Failures or waivers to insist on strict
perfomulOce of any covenant, condition, or provision
of this AGREEMENT by the parties, their successors
and assigns shall not be deemed a waiver of any of its
rights or remedies, nor shall it relieve the other party
from performing any subsequent obligations strictly in
accordance with the terms of this AGREEMENT. No
""'!liver shall be effective unJess in writing and signed
by the party against whom enforcement is sought Such
waiver shall be limited to provisions of this
AGREEMENT specifically referred to therein and
shall not be deemed a waiver of any other provision.
No waiver shall constitute a continuing waiver unless
the writing states otherwise.
II A Should any term or provIsion of this
AGREEMENT be held, to any extent, invalid or
unenforceable, as against any person, entity or
circumstance during the term hereof, by force of any
Page 8 of 9, Exhibit "B"
Contract File:\County.doc 02115/05
Agenda Item No. 108
SOUTH FLORIDA WATER MANAGEMENT DIST~;t21~ ;~~~
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
statute, law, or ruling of any forum of competent
jurisdiction, such inva1idity shall not affect any other
tenn or provision of this AGREEMENT, to the extent
that the AGREEMENT shall remain operable,
enforceable and in full force and effect to the extent
pennitted by law.
11.5 Tills AGREEMENT may be amel1Clea oni)'
with the written approval of the partIes hereto.
ll.6 This AGREEME~T states the entire under-
standing and AGREEMENT between the parties and
supersedes any and an written or oral representations,
statements, negotiations, or contracl~ previously
existing between the parties with respect to the subject
matter of this AGREEMENT. The COUNTY
recognizes that any representations, statements or
negotiations made hy DISTRICT staff do not suffice
to legally bind the DISTRICT in a contractual
relationship unless they have been reduced to writing
and signed by an authorized DISTRICT
representative. This AGREEMENT shall inure to the
bene tit of and shall be binding upon the parties, their
respective assigns, and successors in interest.
ARTICLE 12 - SAFETY REQUIREMENTS
12.1 The COUNTY shall comply with aJl
appJicable Federal, State and local safety standards,
regulations applicable to the work pcrfonned
pursuant to this AGREEMENT.
12.2 The COUNTY shall be responsible for the
compliance of its subcontractors with all applicable
Federal, State and local safety standards/regulations
applicable to the work performed pursuant to this
AGREEMENT.
Page 9 of9, Exhibit "B"
Contract File:\County.doc 02/15/05
Agenda Item No.1 08
April 26. 2005
Page 14 of 38
EXHIBIT "C"
STATEMENT OF WORK
CONSTRUCTION OF GORDON RIVER BASIN
STORMWATER SYSTEM IMPROVEMENTS
WESTLAKE OUTFALL IMPROVEMENTS AND
TWIN LAKES INTERCONNECT
L I!'\TRODTJCTIOl"
Naples Bay, located on the southwest coast of Florida in ColJier County, is a relatively narrow
and shallow body of water ranging in width fTOm 75 to 1500 feet and depth of 1 to 23 feet. Salt
water enters the Bay from the south through Gordon Pass and mixes with freshwater entering the
north end from the Golden Gate Canal, Rock Creek, Haldeman Creek, and the Gordon River.
While the Bay once drained about 20 square miles, it is now the receiving body from
approximately 120 square miles due to the construction of the Golden Gate Canal system and its
linkage to the Bay.
The Bay's historical watershed was comprised of swamps, marshes and sloughs that replenished
aquifers, supported plant and animal life, and supplied water for a relatively low human
population in the region. However, beginning in the mid-twentieth century, the watershed's
landscape began to change from this natural setting to agriculture in the east, and, particularly in
the western portion of the watershed, to highly urbanized land uses. The development of urban
infrastructure in the form of roads, utilities, canals, and recreational facilities has resulted in the
loss of many historic flowways to the Bay. Increases in impervious surfaces have also increased
both the quantity of water running off the land anò the amount of pollutants being carried with
that water into the Bay.
The seagrasses, mangroves, and oyster reefs of Naples Bay have been affected by excess fresh
water, polluted runoff, and development, and long been recognized as needing restoration.
Problems were identified when the Florida Legislature created the Big Cypress Basin in 1976.
During the last three decades, the Big Cypress Basin Board has undertaken aggressive efforts to
reduce the freshwater inflow to the Bay by constructing numerous water management facilities
and efficiently operating and maintaining a network of canals, water control structures, and
pump stations. The Conservancy of Southwest Florida completed a comprehensive scientific
study of the Bay in 1979 that included recommendations for restoring its ecological health. In
2003, the Governing Board of the South Florida Water Management District (District)
authorized the initiation of a Surface Water Improvement and Management Plan for the Bay.
In 2004, the District received funding from the Florida State Legislature for a series of watershed
restoration projects in Southwest Florida that stretch from Charlotte Harbor in the north to
Naples Bay and the Ten Thousand Islands in the south. These projects were grouped into five
Watershed Initiatives. Within the Naples Bay Watershed Initiative are several projects
addressing important water restoration and management issues in Collier County. The goals of
the Initiative are to:
Page I of3, Exhibit "C", Agreement No. OT051025
Agenda Item NO.1 08
April 26. 2005
Page 15 of 38
Construct stormwater treatment structures/facilities that improve polluted runoff,
Reduce the amount of freshwater entering the Bay and, ultimately,
Restore sea grasses, oyster reefs, and mangroves in the Bay.
One of the locations within the Naples Bay watershed that would greatly benefit from improved
storm water management is the Gordon River Basin. The heavily urbanized Gordon River Basin
includes the eastern section of the City of Naples and parts of unincorporated areas of western
Collier County. Chronic flooding problems along the Goodlette-Frank Road corridor are a result
of a Jack of adequate stom1water manage;nen~ facilities. S10nnwater runoff from the hasin
continues to carry pollutants into NapkE Bay. This abTfcement provides funding to Collier
County to construct stonnwater management system improvements to mitigate flooding and
provide surface water quality improvements via two projects called the Westlake Outfall
Improvement and the Twin Lakes Interconnect.
2. OBJECTIVES
The purpose of these storm water management system improvements is to mitigate flooding by
providing enhanced conveyance capabilities to the Goodlette-Frank Canal while improving water
quality through the addition of a water control structure for each area. The implementation of
these projects will result in tangible improvements to flood mitigation and stormwater quality in
the Gordon River Basin. Current conditions make the Westlake and Twin Lakes Subdivisions,
highly susceptible to chronic flooding. Most of the existing homes are on septic systems. This
worsens water quality conditions by adding bacteria and nutrients to the stonnwater when the
groundwater level rises above the septic tank drain fields and above ground level during the
ramy season.
3. SCOPE OF WORK
The scope of work for this cooperative agreement is to construct the Westlake Outfall
Improvement and the Twin Lakes Interconnect. The Westlake Outfall Improvement is located
in the Westlake Subdivision and will provide a 48" pipe for a conveyance path and associated
water control structure (water quality weir) between West Lake and the Goodlettc-Frank Canal.
The conveyance path is expected to be located just north of Alhambra Circle North. The Twin
Lakes Interconnect is located within Alhambra Circle generally along Granada Boulevard and
also will include a piped interconnect between the twin lakes and associated water control
structure. The project areas are generally bounded by US 41 on the west, Goodlette-Frank Road
on the East, Alhambra Circle South on the south and Pine Ridge Road on the north.
As part of its cost share, Collier County is developing the design and obtaining the necessary
permits for these projects. This agreement provides funding support for the construction and
construction management of these stonnwater management system improvements.
Page 2 of 3, Exhibit "C", Agreement No. OT05 J 025
.-------.,.,
Agenda Item NO.1 08
April 26, 2005
Page 16 of 38
4. WORK BREAKDOWN STRUCTURE
The County shall be responsible for the satisfactory completion of these projects and may retain
a consultant to provide the professional services needed to complete the design, pJans,
specifications and pennits, and to assist the County during construction.
The County shall be responsible for project management, budget management, quality control
and publ1c outreach. The County shall be responsible for reviewing and approving deliverables
from its consuJtant and its construction contíactor(s) to ensure that the projec\ objectives are met.
4.1 Task 1: Construction of Westlake Outfall Improvements
Task 1. The County shall be responsible for the construction of the Westlake Outfall
Improvement Project in accordance with approved plans and pennits which shall include, but
not be limited to, construction, project management, and engineering oversight of an
construction
Task 1 Deliverables:
A. Within three (3) months of Agreement execution, the County shall provide a report on
progress to date and shall include a copy of the construction Notice to Proceed,
B. Within five (5) months of Agreement execution, the County shall provide one copy of the
50% Completion Certification and
C. Within eight (8) months of Agreement execution, the County shall provide one copy of the
Construction Substantial Completion Certification
4.2 Task 2: Construction of Twin Lakes Interconnect
Task 2: The County shall be responsible for the construction of the Twin Lakes Interconnect
Project in accordance with approved plans and pennits which shall include, but not be limited to,
construction, project management, and engineering oversight of all construction
Task 2 Deliverables:
A. Within five (5) months of Agreement execution, the County shall provide a report on
progress to date and shall include a copy of the construction Notice to Proceed,
B. Within nine (9) months of Agreement execution, the County shall provide one copy of the
50% Completion Certification and
C. Within fifteen (15) months of Agreement execution, the County shall provide one copy of the
Construction Substantial Completion Certification
Page 3 of3, Exhibit "C", Agreement No OT051025
Agenda Item No. 108
April 26. 2005
Page 17 of 38
EXHIBIT "D"
PAYMENT AND DELIVERABLES SCHEDULE
· A summary deliverable and payment schedule associated with this project is set forth below.
Specific deliverables associated with each task and due dates for all deliverables are set forth
below.
· All deliverables submitted hereunder are subject to review and acceptance by the District.
Acceptability of an work wilJ be based on the juàgment of the District that the work Ie
technica1Jy complete and accurate.
· Payment shall be made following receipt and acceptance by the District of project invoices in
accordance with the schedule set forth below. All invoices shall be accompanied by adequate
documentation to demonstrate completion of each task in accordance with Exhibit "c"
Statement of Work requirements.
· Total payment by the District for all activities hereunder shall not exceed the amount of
$400,000. The District's cost share amount shall not exceed 50% of the combined total
project cost.
Task Deliverables Due Date* DistriêtNot-
(From contract to-Exceed
execution) Payment* *
Task I: Construction of Notice to Proceed 3 months $50,000
Westlake Outfall 50% Completion Certification 5 months S150,000
Improvement
Construction Substantial 8 months n/a
Completion Certification
Task 2: Construction of :"Jotice to Proceed 5 months $50,000
Twin Lakes Interconnect 50% Completion Certification 9 months $150,000
Construction Substantia) 15 months nla
Completion Certification
NOT - TO-EXCEED PROJECT TOTAL $400,000
* All dates are referenced from the date of execution of this agreement and are estimated.
** The District shall only be obligated to pay for documented actual expenditures within the not-
to-exceed amounts specified above. In the event actual expenditures by the County are less than
the not-to-exceed for a particular task, the County shall have the right to apply the unexpended
balance towards a subsequent task. The County shall provide written notice of its decision to
exercise this right. In no event shall the District's total obligation exceed $400,000 as specified
above for this agreement. The County is responsible for any additional funds either through
local revenues, grants, other appropriations, and/or other funding sources.
Page 1 of 1, Exhibit "0", Agreement No. OT051 025
-"--_-..',--
.H.....,'___.....<,,~.<
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February 3,2005
Agenda Item No.1 08
~~fti1åWb
MAR - 3 2005
STORMWATER MGMT.
ADM 28-06
Mr. Ricardo Valera, PE
Collier County
3301 Tamiami Trail
Naplees, FL 33412
Dear Mr. Valera:
Subject:
Agreement No. OT050976
GORDON RIVER WATER QUAliTY PARK
Enclosed are two (2) copies of the subject Agreement. Please have them signed and
dated by an individual with signature authority on behalf of the County. Return both
copies to my attention. A fully signed Agreement will be returned to you upon execution
by the District.
Kindly return the executed documents within ten (10) business day of receipt.
Note that this Agreement is not binding on the parties until it is approved by the
appropriate level of authority within the District and executed by both parties.
Your cooperation and timely response will be greatly appreciated. Should there be any
questions. please contact me at (561) 682-6373.
Sincerely,
'\i /} /! '
" ì vi ¡J
//~ t:.J{)"..-~ ..-
/ JJn Robinson
'Sr. Contracts Specialist
Procurement Department
Enclosure
c: E. Abbott - 4450
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o ~ef~rM~E
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AGREEMENT
THE SOUTH FLORIDA WATER MANAGEMENT
DISTRICT (hereinafter referred to as DISTRICT) HEREBY
ENTERS INTO THIS AGREEMENT WITH:
~ame: COLLIER COUNTY
Address: 3301 E. Tamjami Trail
~aples. FL 33412
l'r¡»)ect \}¡lfiager: RIcardo \ :tier·a. PE
Telephone No: 239-774-8192
Fax No: 239-659-5790
Hereinafter referred to as: COUNTY
This number must appear on all Invoices and Correspondence
OT050976
MBE PARTICIPATION: 0 (~{)
COST SHARING INFORMATION
Toral Project Cost: $ 1,000.000.00
COUNTY Contribution: $500.000.00
PROJECT TITLE: DESIGN AND CONSTRUCTION OF GORDON RIVER WATER QlJALITY PARK
The following Exhibits are attached hereto and made a part of this AGREEMENT:
Exhibit "A" - Not Applicable
Exhibit "B" - General Terms & Conditions
Exhibit "c" - Statement of Work
Exhibit "D" - Payment and Deliverable Schedule
Exhibit "E" - Not Applicable
Exhibit "F" . Not Appltcable
Exbibi! "G"· Not A) )Jicable
TOTAL DISTRICT CONSIDERATION: $ 500.000
Multi-Year Funding (If Applicable)
*Subject to District Governing Board Annual Budget Approval
TERM: Three 3 Years
DistrÌl't Project Manager: ElIzabeth Abbott
TeI(~phone No: 239-338-2929
Fax No. 239-338-2936
SUBMIT INVOICES ANI> NOTICES TO TIlE DISTRICT AT:
South FJorida Water Management District
3301 Gun Club Road
West Palm Beach, FJorida 33406
0JLc.ntí2.fJ: Procurement Depwtment
Exhibit "H" - Not Applicable
Exhiblt "I" - Not Applicable
Exhjbit "]" - Not Applicable
Exhibìt "K" - Not Applicable
Exhibit "L" - Not AppJicable
Exhibit "M" - Not AppJicable
Exhibit "N" - Not A licabJc
AGREEMENT TYPE: Not-to-Exceed
EFFECTIVE DATE: Last Date of Execution bv the Partie
District Contract Specialist: Jim Robinson
561-682-6373
Fax No.: 561-682-5373
SUBMIT NOTICES TO THE COUNTY AT:
Collier County
3301 E. Tamiami Trail
Naples, FL 33412
Attention: Ricardo VaJcra, PE
IN WITNESS WHEREOF. the authorized representative hereby executes this Contract on this date, and accepts an Terms and Conditions un,
which it is Issued.
COLLIER COUNTY SOUTH FLORIDA WATER MANAGEMENT DlSTRIC1
BY ITS GOVERNING BOARD
Accepted By:
Signature of Authorized Representative
TitJe:
......-.._-~------
Date:
~._--
----...-
Accepted By:
Frank Hayden, Procurement Director
Date:
-"--
(
Date:
,..
£':'- ~~o ~
Agenda Item No. 10B
April 26, 2005
SOUTH FLORIDA 'VATER MANAGEMENTfDtST1IltCT
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
ARTICLE 1 - STATEMEI"T OF WORK
1.] The COeNTY shall, to the satlsfacllou of tbe
DISTRICT. fun,. and tJme]v perfoml aU worl: Items
described m rh-: "Statement 01 \Vork.' 3t13ebcd beret(,
3ê ¡··:hi\,· "r'" .we} m:Li qp, o:rÌ1l' :,;I~EEME'\'T
1 ,2 :\~; par: or tnt' ~-,èr\'ìct's h\ b(: pn.--\ïdèJ b) the
COUNTY under this .·\GREEMENT. tn:' ('OeNT\'
shaH ,uÌist3ntlate, IJ1 whatever fmum rcasonab1y
requested by the DISTRICT, the mcthodology, lab
analytical ex.aminations, sClenttÜc theones, data,
reference materials. and research moles. The
COUNTY shall a1so b:..~ required to substantiate any
and an v\'ork completed. mduding but not Jimited to,
work compJetcd by subcDntractors, assistants,
models, concepts, analytIcal theone" computer
programs and concluslO1JS ut¡[¡zed as the basls lor the
final work product required by the AGREEMENT.
ThIs paragraph .shal] .survIve the expiration or
termination of this AGIU~EMENT.
1.3 The parties agree that time is of the essence m
the performance of each and every obhgation tlt1dcr
¡1m AGREEMENT.
1.4 In the event COUNTY empJoyees or lured
workers arc authorized by Exhibit "C' 10 perfonn
services on-sIte at DISTRICT tacilitles. the COLNTY
hereby agrees 10 be bound by all applicable
DISTRICT policies and standards of conduct 1isted in
Attachment 1. "Contractor Policy Codc
Ackno\vledgemenr" to Exhibit "C" and shal! rcqulIe
each individual perfêmning such on-site \vork to
execute the Attachment 1 rom) It is thc COtrNTY's
responsibJ!ity to advise its cmp10yees or hired \vorkers
of the nature ofthc project. as described in Exhibit ·'C".
The COLNTY shaH deten11ine the method, details and
means or periêmning the sernces, wrthin the
parameters established by Exhibit "C". The
l}[STRICT shall provide additlonal guidance and
1.I1StructlOTIS to COlJNT\"s employees or hired
workers where neccssary or appropriate as determined
by the DISTRICT
ARTICLE 2 - COMPENSATIONI
CONSIDERATION
2.1 The rota] consideration ['or all work reollH:d
Ì1v the DISTRICT j1l1rsuam 10 This AGREE1\1E'\:'I
-~han ::\~L'''~~d tnc an10unt lnd¡:'~:Jt::c
..:over .'JgB": .;i ~ page 01 tìm A,;REE1\!.L\T :,,-,,
amoun; l1Kíude,; ail <.:xpcns;::s WillCh the ('Ol'!\T\
may il1L:u:' and therefÒre no :lddlllonai constdcration
shall be authorized.
2.2 Notwithstanding the 1ìm:going, thc amount
l'xpended under this AGREEMENT shall be p:Üd 111
accordance w11h, and subject to the funding a!locations
for each DISTRICT fiscal year indicated on the
cover/signature page of this AGREEM.ENT. Funding
for each applicable IÌscal year of this AGREEMENT
is subject to DISTRICT Govemmg Board budgëlary
appropriation. In the event the DISTRICT docs not
approve tlmding tor any subsequent fiscal year, this
AGREEMENT shall temlÌnatc upon expenditure of
the current funding, notwithstanding other provisions ;"
this AGREEMENT to the contrary, The DISTRJ
will notifY the COUNTY in \uíting after the aJopt¡,,,,
of the fmal DISTRICT budget for eacb subsequent
fiscal year if funding is not approved f~1r this
AGREEMENT.
2.3 The COUNTY assumes sole responsibility fÒr
all work which is pcrtom1ed pursuant to the Statemënt
of Work. Exhibit "C". By providing fUl1dmg
hereunder, the DISTRICT does not makc any
warranty. guaranty, or any representation whatsoever
regarding thc correctness. accuracy. or relíabiJity of any
of the work perfonned hereunder.
2.4 The COIJNTY by executing this
AGREEMENT, certifies to tfuth-in-negotiattOll,
specifícally, that wage rates and other factual unit costs
supporting the consideration are accurate, complete,
and current at the time of contracnng. The COUNTY
agrees that the DISTRICT may adjust the
consideration for this AGREEMENT to exclude any
sib'1uficant sums by which the consideration was
increased due to inaccurate, incomplete, or non-current
wage rates and other factual unit costs.
The DISTRICT shall make any such adjusm1ent
Page 1 ol9, Exhibit "B"
Contract File:\County.doc 02/03/05
Agenda Item No. 108
SOUTH FLORIDA 'VATER MANAGEMEN~~ljœ~icT
EXHIBIT "B"
GENER.AL TERMS AND CONDITIONS
within one (1) year following the expiration or
termination of thIS AGREEMENT.
ARTICLE 3 - INVOICING A...~D PROMPT
PAYMENT
7Yu' COUNTY\ iI:\'Ulc{'.'
DI/ìTRICT's COlllrac! NUlnh,y {J!ld shali he sem to fÌli
D1STRICT's address specified 011 the cOl'er/\ïgnafllre
poge oltllis AGREE¡'¡,fENT The COUNTY shaH not
submit mVOJces to any other address at the
DISTRICT.
., Î The COUNTY shall submit the !Dvoiees on a
completion of deliverable basis, pursuant to the
schedule outlined in the Payment and Dc1iverable
Schedule. attached hereto as Exhibit "D" ¡md made a
part of this AGREEMENT. ln the event the
schedule docs not specify payment on a compJetioll of
deli verable basis, all invoices shaH be subst:ltltiated
by adequate supporting documentation to justifY
hOLlrs expended and expenses incuned within the no[-
to-exceed budget, including but not 1ímited to, copies
of approved tímesheets, payment vouchers. expense
rep0l1s (including approved travel costs, if
applicable), receipts and subcontractor invoices. Any
authorizcd travel shall be r<.,imburscd in accordance
with Chapter 112, Florida Statutes.
3,3 [1 is the policy of the JllST,Rlr"1' that: payrnent
tbr all goods and services shaH be made in a timely
manner and that interest payments are made on late
payments. In accordance wIth Florida Statutes.
Section 2 ¡ 8.70, Florida Prompt Payment Act, a
"proper" invoÌçe is defined as an invoice that
conf(mns to aJi statutory requirements and an
DISTRICT requiœments as specified in the
AGREEMENT for invoice submission. The time at
\vhich pa)o1J1ent sball be due from the mSTRICT
shan be forty-five (45) days from receipt of a proper
invoice and acceptance of servÎces and/or
deliverablcs, based on compiíance with the statutory
requirements set forth in Section 218.70, F.S. and
upon satisfaction of the DISTRICT conditions as
detailed in the AGREEMENT.
Failure of the COUNTY to foUow the Instructions set
forth in the AGREEMENT regarding a proper
invoice and acceptable serVIces and/or deliverablcs
may result in an UllavoKlabl.e dday U1 pavment bv the
DISTRICT. AU payments due from the'DISTlÍICr
tÖr a proper invoice and acceptable services and/or
dc1lverables and not made wJthin the (¡me specitíçd 111
this section shall bear interesT fiom thin~' {30; days
aftc-I" the due (late al tile rate 0; um' percem [¡ U,,) De!
month on the unpaid balance The COUNTY 51;a11
mvoice the DISTRICT tÖr pavmcnr of any accrued
unpaid interest. . .
Any disputes regarding invoice pay111ents which
cannot be resolved by the appropriate department of
the DlSTRrCT shall be concluded by final wntten
decision of the DISTRICT Leadership Team not later
than sixty (60) days afÌer the date on which the propel
ÌnvoÎce was received by the DISTRICT
3.4 Unless otherwise stated herein, the DISTRICT
shall not pay for any ob1ìgatío } or expenditure made
by the COUNTY pnor to the commencement date of
this AGREEMENT.
ARTICLE 4 -I)RO.JECT 1\'IANAGEMENTI
NOTICE
4.1 111e parties shaH direct all t<.'chnical matters
arising in connection with the performance of this
AGREEMENT, other than invoices and notices, to the
attention of the respective Pro¡ect \ilanagers specified
on the cover/signature page of the AGREEj\ilENT f(.>r
attempted resolution or action. ·The Project Managers
sha]] be responsible tor overall coordination and
oversight relating to the pcrfonmmce of this
AGREEMENT. The CODNTY shaU direct al!
administrative matters, including invoKes and notices,
to the attention of the D[STRIC1"s Contract Specialist
specified on the cover/signature page of the
AGREI<:MENT.
AI! formal notices between the partÍes under this
AGREEMENT shal! be in writing and shall be
deemed received if sent by certífìedmail, rerum receipt
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
the DISTRICT's Project Manager. All notices
required by this AGREEMENT shaH be considered
Page 2 01'9, Exhibit "8"
Contract File:\County.doc 02!()3/05
._----,.,._..,..._,,,.,,,,.,,,"
Agenda Item NO.1 OB
SOUTH FLORIDA W ATER l\IANAGEMENT~9rifcT
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
delivered upon receipt. Should either party change Its
address. \V11tten notIce of such new address sbal1
promptly be sent to the other party.
AU conespondence In the DISTRICT under till"
AGREEJ\lE,\T ,h¿I!' 1'?i¿'r::nc flL' DlSTRICT's
('onrraCI Ì'\t;;-nD::' :TL~'> ..' .-¡;:~
'1, t!L ~'()l'er:~;I!;na¡llr': na~:'
of ::1C AGREEME'\:T
ARTICLE 5 - INS1.JRANCE
5.1 The COUNTY assumes any and all nsks of
personal injury, bodily injury and propêl1y damage
attributable to the negligent acls or oll11ssiotls of the
COONTY and the officers, employees. servants. and
agents thereof. The COUNTY warrants and
represents that it is self.·h.mded for Worker's
compensation and liabil1ty insurance. covenng at a
minimum bodily ÍJ~jury, personal injury and property
damage with protec¡ion being applicable to ¡he
COONTY's oftícers, employees, servants and agents
while acting withm the scope of their emploj11lcnt
duríng pertormance under this AGREEMENT. The
COUNTY and the DISTRICT further agree that
[lOtlllng l'olltained herein shall be construed or
interpreted as (I) dcnymg to either party any remedy
or defense avaílable to sueh party under the jaws of
the State of Florida; (2) the consent of the State of
Florída or its agents and agencies to be sud; or (3) a
\vaiver of sovereign ímmunity of the State of Florida
beyond the waiver provided in Section 768.28,
Florida Statutes
5.2 In the evcnt the COUNTY subcontracts
any part or an of the work herew1dcr to any third
party, the COnNTY shall require each and every
subcontractor to identify the DISTRICT as an
additional msured on all insurance poliC1es as
required by the COUNTY. :,\oy contract awarded by
the COf 'NTY for work under this AGREEMENT
shan include a provision whereby the COUNTY's
subcontractor agrees to indemmfy, and pay on behalt~
and hold the DISTRICT harmless from all damages
arising in connection with the COUNTY's
subcontract.
ARTICLE 6 - TERMINATION/REMEDIES
6.1 It is the policy of the DISTRICT to
encourage good business practices by requiring
contractors to materially pertom1 111 accordance '-'nth
the temlS and conditions of the DISTRICT
AGREE1\lENT. In accordance wltl1 DISTRICT
Rule 4C!E-7, Part [I. F.A.C., "matenal hreacl~" I
ì;:fìneÓ ;'b an\ sub:-::tantlaL une>:;:.:tl~~'""· II
~)(.T!Dnnan:.:.·C' b> ,¡: 1Ul):.. tCJ perlo;':-:~ aL J.~~'
Important pan of tilC transaction or pcëfcn11~
rnconslslent with the terms and condmons 01
':;1.
~,.
tL~
AGREEMENT,
J f the COUNTY matenally tails to fultîll liS
obligations ullder thlS AGREK\lENT, the
DISTRICT will provide "'Titten notice of ¡he
deficiency by forwarding a Cure Notice cí¡jllg thc
specific nature of the material breach. 1'he
COUNTY shall have thirty (30) days to cure the
breach. If the COUNTY fails to cure the breach
within the thilty (30) day period, tbe mSTRICT
shall issuc a Term.inatíon for DefDuJt NOIÍI·C. Once ¡he
IHSTRICT has notified the COUNTY that it has
materially breached its contract with the DISTRICT
by sending a Termination for Default Notice,
DISTRICT's Governing Board shall detern
whether the COUNTY should be suspended from
doing future work with the DISTRICT, and if so, for
what period of time. The DISTRICT's Governing
Board win consider the factors detaíled in R uk 40E-
7, Part II, F.A.C. in making a deterrninatíon as lü
whether a COUNTY should be suspended, and If so,
tor what period of tíme. Should the DISTRICT
terminate for default in accordance with this
provision, the DISTRICT shall be entitled to recover
reprocurt'!Tlent costs in additi on to all other remedies
under law and/or eqUIty.
6.2 111C DISTRICT may tel111inate this
AGREE1\lENT with or without cause at any time for
convelllence upon thirty (30) calcndar days prior
written notice to the COUNTY The perfol111al1ce of
work lmder tills AGREEMENT ITh'1Y be terminated by
the DISTRICT in accordance with this clause tI1
who1e, or from time to time in part, whenever the
DISTRICT shaH detennil1e that stich termination is in
the best interest of the DISTRICT. Any such
termination shall be effected by delivery to the
COUNTY of a Notice of Tenllination specifying the
extent to which performance of work under the
Page 3 01'9, Exhibit "13"
Contract File:\County.doc 02/03/05
~ ~'-'----"-,,,,--,-,
Agenda Item No.1 OB
April 26, 2005
Page 23 of 38
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXHIBIT "B"
GENER:\L TEAAIS AND CONDITIONS
AGREEMENT is tenTIinated, and the date upon which
such teolll11ation becomes effective,
In the event of tcnnillatlOn for convenience. the
DISTRICT shaI1 conmemarc tbc COUNTY for :J!'
aulÌìori:òed and acœpTe(~ delJ\'erabie" c·om!'!.:!::(;
through the date o~' tenninauon in accordance wttb
Exhibit "C", Statement of Work The DISTRICT shall
be reheved of any and all future obligations hereunder,
including but not limited to lost profits and
consequential damages, under this AGREEMENT.
The DISTRICT may withhold all payments to tbe
COVNTY Ì)r such work unlíl snch time as the
DISTR£CT detl~rmines the exact amount due to the
COUNTY,
6.3 In the event a dispute arises which the project
managers cannot resolve between themselves, the
paliies shall have the option to submIt to non-binding
med13lÍon. The mediator or mediators shall be
impartiaJ, shall be selected by the parties. and the cost
of tbe mediation shaU be borne equally by the parties.
'I'he mediation process shall be confidential to the
extent permitted by law.
6.4 The DISTRICT may order that an or part of the
work stop if cin:um..stances dictate that this action is in
the DISTR£CT's best mterest. Such circumstances
may include, but arc not límited to, unexpected
techmcal developments. direction given by the
DISTRICT's Goveming Board, a condition of
nnmediate danger to DISTRICT employees, or the
possibiJity of damage to equipment or property, This
provision shall not shift responsibility for loss or
damage, including but not ¡¡mited to, lost profits or
consequential damages sustmned as a result of such
delay. from the cor iNTY to tbe mSTRICT. If this
provlsion is invoked, the DISTR£CT shalJ notify the
COUNTY in writing to stop work as of a certain date
and specify the reasons for the action, which shall not
be arbi1rary or capricious, The COUNTY shaH then be
oblígaied to suspend all work efforts as of the effective
date of Ú1e notice and until fì.¡rther written direction
from the DISTRICT is received. Upon resumption of
\vork, if deemed appropriate by the DISTRICT, the
DISTRICT shalJ initiate an amendment to this
AGREEMENT to reflect any changes to Exhibit tiC",
Statement of\Vork and/or the project schedule,
6.5 T'he DISTRICT antIcipates a rota1 project cost
as indicated on the coverisIgnature page, with the
balance oÎ matchmg funds andior in-kmd services to be
obtained fTOm the COU:\TY in tlL' amount a'
sp=;':Jflec. 011 ¡he cnver/slgnaluft" pag:: of tilL.
AGREEMENT. in the event SUd1 COUNTY
matching fì.mding and/or in-kind servIces becomes
unavailable, that shaH be good and sutììcient cause for
the DISTRICT to terminate the AGREEMENT
pursuant to Paragraph 6.2 above.
ARTICLE 7 . RECORDS RETENTION!
OWNERSHIP
7.1 The COUNTY shaH maintain records and the
DISTRICT shaH have inspectIOn und audit rights as
follows:
A. Maintenance <)fK~ÇÆ:çk; The COUNTY
shall maintain an financial and non-Gnancial records
and reports directly or indirectly related to the
negotiation or perfon11J.l!lce of this AGREEMENT
including supporting document1tlOll for any service
rates, expenses, research or reports. Such records shal!
be maintained and made available fix inspection tor a
period of five years ii-om completing performan<.:e and
receiving final payment under this AGREEMENT.
B. Examination of f.{ecords; The mSTRICT
or its designated agent shall have the nght to examine
in accordance with generally accepted govemmental
auditing standards all records directly or indirectly
related to this AGREEMENT. Such exammation Hk1Y
be made only within five years from the date of final
payment under this AGREEJ\'1ENT and upon
reasonable notice, rime and place.
C. Exten.dt;<;LAvai1abilitv Q.f Records lþ'.r. Legal
Disputes: In the event that the DISTRICT should
become involved in a legal dispute with a third party
mising hOIll perfol1TIaJ1ce under this AGREEMENT,
the COUNTY sha!! extend the period of maintenance
for all records relating to the AGREEMENT Unlil the
fmal disposition of the legal dispute, and all such
records shall be made readí1y available to the
DISTRICT.
Page 4 of 9, Exhibit "B"
Contract File:\County.doc 02/03/05
Agenda Item NO.1 08
SOUTH FLORIDA WATER MANAGEMENTPhiJiJ&:T
EXHIBIT "B"
GENER4.L TERMS AND CONDITIONS
7.2 The DISTRICT shall retam exclusive title,
copyright and other proprietary nghts in all work ítems.
mduding but not lmuted to. all documents, technical
reruns, research notes, sClennÜc dat;,¡. computer
programs. mcJlldin¡.: the: soun:c and t:,bjee¡ code.
\\:I'iL~l, _.. ~ ;:r"_"'JL'è or 'JÜ-;".:T\":: ongìnate:,:
n'.,;fcun ".' :"; ,\ th::' (~)t~l\"r:\+ It: .,ut ,",·-.Jr~r:-iC[On ~,
asslgn~ .. agent(s) anÜ:!- ~u:..~:.;~~sson~:) I as r~qulr~d b:
the ExtllDlt "C'. S1aternenl oî Work (the "Work") In
consideration for the DISTRICT entermg mto tillS
AGRE:EMJ<:NT, and other good and valuable
consideratIon the sufficiency and receipt 111 fi.tll of
which IS hereby acknowledged by ¡he COUNTY, the
COUNTY hereby assigns, transfers, sel1s and
otherwise grants to the DISTRICT any and all nghts
it now has or may have in the Work (the "Grant").
This Grant shall be self-operative upon executlon by
the parties hereto, however the COt1NTY agrees to
execute and del1ver to the DISTRICT any further
assignments or other IIlstruments necessary to
eVidence the Grant, without the payment of any
additional considerJtion by the DISTRICT. 111e
COUNTY may not disdosc, use, license or se!1 any
\vark developed, created. or otherwise originated
hereunder to any tlmd party whatsoev;:r. ThIS
paragraph shall survive the termination or expiratIOn
of this AGREE1\"lENT.
7.3 The COUNTY represents and warrants that
proprietary software, if any, to he provided to the
DISTRICT by the COUNTY hereunder. as
spectíìcally ¡denl1flcd in Exhibit "C", Statement of
Work shall have been developed solely by or for the
COUNTY. or lawtùlly acqUlred under license from a
third party, Jt1cluding the right 10 sub1icense such
software The COUNTY shaH include copyright or
proprietary legends in the sothvare and on the label of
the medium used to transmit the sof!\\'are. The
COVNTY shall grant to the DISTRICT a perpetual.
non-transferabJe. non-exclusive right to use the
identified software \vithout an additional fee. The
DISTRICT acknowledges that title to the software
identified in Exhibit "C" shall remain with the
Licensor.
7.4 Any equipment purchased by the COUNTY
with DISTRICT funding under this AGREEMENT
shall be returned and ~ title transferred from the
COUNTY ro the DISTRICT immediately upon
termlJ1ation or expiration of this AGREEI\1E!"T
upon the \vritten request of the DISTRICT nOT less
tlian thirty (30) days prior 10 AGREE1\"1E1'\T
expirauon or terITÙnation. Eqmpmem IS herel'"
detìne(~ a:; ;111:' nOfl-COn3lJ:11ab¡:.= It(>nr:. pt'" 'h: "-
tne DISTR1C1 w1th a \,dc~" W U" ,.....
S 1.000.DO and wJth a normal cxpecte¿ ji ,¡ ,mc
veal' or mOle The COCNTY \\111 mamtam an\' sueD
equipment 111 good working condition whiìe in its
possession and will return the equipment to the
DISTRICT in good condition, less normal wear and
tear. The COeNTY wiJl use its best cíTorts to
safeguard the equipment throughout the period of
performance of this AGREEMENT However the
DISTRICT will not hold the COUNTY liable for
loss or damage due to causes beyond tbe COUNTY's
reasonable control. Tn the event of Joss or damage,
the CO(JNTY shall notify the DISTRICT in writing
\víthill five (5) working days of SUdl occum:nce.
7.5 The DISTRICT has acquired the right to use
cerrain software under hcense fì'om tlmd parties.
pUIvoses of this AGREEJ\'IENT, the DlSTR\.
may pemlit the COUNTY access to certain third
party owned soÜware on I>ISTRICT computer
systems. The COUNTY ackno\vledges the
proprietary nature of such sof1ware and agrees not to
reproduce, dis1Tibute or discJose sllch software to any
third pany. {!se of or access to such software shaH be
restricted to designated DISTR(cr owned systems
or equipment. Removal of any copy of licensed
software is prohibited.
ARTICLE 8 - STANDARDS OF
COMPLIANCE
8.1 The COUNTY, its employees, subcontractors
or assigns, shall comply with aJl applicable federal.
state, and local laws and regulations rdating to the
perfomlanee of this AGRE}i~MENT. The nISTRICT
undertakes no duty to ensure s11ch compliance, but will
attempt to advise the COUNTY, upon request, as to
any such laws of which it has present knowledge.
8.2 The COUNTY hereby assures that no person
shall be discriminated against on the grounds of race,
color, creed, national origin, handicap, age, or sex. in
Page 5 of 9, Exhibit "B"
Contract File:\County.doc 02j03/05
Agenda Item No. 108
SOUTH FLORIDA WATER l\-IANAGEMEN1t~J:l1mCT
EXHIBIT "B"
GENERAL TER1VlS AND CONDITIONS
any activity undet tlus AGREEMENT. The
COUNTY shall take aU measures necessary to
efÚ:'ctuate these assurances.
0.3 T¡lie Jaws of tl1': State of rJorida shaD govern aiJ
aspects of t1115 c\GHEEMENT. In the ,-,vent If is
ne~~ss~r~', l(g :'[:11er parry [{ rn~t:ale
a(~li«'~
rcgardmg this AGREL\IENT 'cmu., shall (X· ;n the
Fifteenth JudICial CHum for danlls under state law and
in the Southern D1S1nct or Fh)rida for ,my c1aims which
are JusticIable in fed'.:ral court.
8.4 The COrNT\', by its execution of this
AGRf<:EMENT, acknowJedges and attests that neither
n, nor any of its supphers. subcontractors, or
consultants who shaH perform work which is intended
to benefit the DISTRICT is a convIcted vendor or has
been placed on the dIScriminatory vendor list. If the
COUNTY 01' any affiliate of the COUNT\' has been
(1I1victed of a public entity crime or has been placed
011 the discriminatory vendor list, a period longer than
36 months must have passed since that person was
placed on the conVIcœd vendor or discriminatory
vendor list. The COUNTY further understands and
accepts that this AGREEMENT shaH be either void
by the DISTRICT or subject 10 uJJmediate tennination
by the DISTRICT, in the event there is any
misrepresentation or lack of cornplíance with the
mandates of Section 2,~7 133 or Section 287.134,
respectively, Flonda Statutes. The DISTRICT, in the
event of such iermìmnion. shaH not incur any' liabIlity
to the COUNTY for any work 01' materials !ùmished.
8.5 The COUNTY, by its execution of this
AGREEMENT. acknowJedges and attests that
neither it, nor any of its suppliers, subcontractors, or
consultants who shall perfonn work which is intended
to benefit the DISTRICT is included on the Jis¡ of
Specially Designated Nationals and mocked Persons
(SON List) which is administered by the U.S.
Department of Treasury, Office of Foreign Assets
ControL The COUNTY fi.uther understands ilnd
accepts that tillS AGREEMENT shaH be either void
by the DISTRICT or subject to immediate tennÜlation
by the DISTRICT, 111 the event there is any
misrepresentation. The DISTRICT, in the event of
such termination, shall not incur any 1 ¡ability to the
COUNTY for any work or materials furnished.
8.6 The COUNTY sha11 be responsible and liable
for the payment of a!lof its FICA/Social Sccmity and
other applicable taxes resJJ!tmg. from tlus
AGREEMENT.
f:." Th~ COt';'\TY warr:¡;¡¡ ¡ha: 1 11;" ))()'
empJoved or retamed an; person, other fhm; a bum, ¡'¡éK
empJoyee working so]c)y íÌJr the COUiY/,,\, 10 so!jcrt
or secure this i\.GREEMENT. Further the COUNTY
warrants that is has not paId or agreed 10 pay any
person, other than a bona fìde employee workÌ11g solely
tor ¡he COUNTY, any fee, commission, percentage,
g!t1, or other consideration contingent upon or resulting
from the awarding or making of this AGREEMENT
For breach of this provision, the DISTRICT ¡nay
terminate this AGREEMENT \vilhout Jiability and, at
its discretion, deduct or otherlV.1se recover the full
amount of such fee, commisslOn, perccntage, gift. or
other consideration.
8,8 The COUNTY shall allow public access to all
project doeLffilents and material.s in accordance with the
provisions of Chapter 11 t), Florida Statutes. Should the
COUNTY assert any exemptions to the requuements
of Chapter 119 and related Statutes. t1]c burden of
establiBhmg stich exemption, by way or Ì11iuncrivc or
other relicf as provided by law. shaJJ be upon the
COUNTY.
8.8.1 Pursuant to Se,ctions J 19.07(3)(0), and
1004.32 Florida Statutes, data processing software
obtained by an agency under a hcense
AGREEMENT which prohibits its disc]osure and
which software is a trade secret, as defmed in
Sections 812.081 (c), Florida Statutes is exempt fi-om
the disclosure provisions of the Public Records taw,
However, the parties hereto agree that if a request is
made of tbe DISTRICT, pursuant to Chapter I 9,
Florida Statute, for public disclosure of proprietary
propeJty being licensed to the COUNTY (Licensee)
hereunder. the DISTRICT shall advIse the
COUNTY (Licensee) of such request and, as
between the DISTRICT and the COUNTY
(Licensee), it shall b(~ the COUNTY's (Licensee's)
sole burden and responsibility to inIDlediately seek
and obtain such injunctive or other relief from the
Courts and to immediately serve notice of the same
Page 6 of9, Exhibit "B"
'_·...w__~_,~_>
--~-'"-.-_..
----,;",._,~
ContTact File;\County.doc 02/03/05
Agenda Item NO.1 08
SOUTH FLORIDA WATER MANAGEMEN~D~~~icT
EXHIBIT" B"
GENERL\L TERMS AND CONDITIONS
upon the Lícensor to protect the Licensor's claimed
exemption under the Statute.
8.9 The CO{JNTY shall make reasonable efforts
to obtain any necessary federaL state, local. and oth~r
~~oven1El~·:·:~:lJ 3DnrOY::l!s. ;~ \\'e]; :1.< ill' nece~s:)r~,
DIT,:aL Jl.:rho;-,. '; ,:.~ all..... DcrnL:.i.S. prL':!: Tel:11:
(..>0:1 lJn:::.ncenJe nt ~.,r p-'::~ltlrTnance (If th:~
AGREEMENT. i\ delay J!1 obtaining pcrrmrs shcd!
not give me to a dall11 by the COUNTY for
additIOnal cornpensution ]f the COUNTY is llnabJe
to obtain all necessary permits 111 a timely manner.
either purty may elect to terminate this
AGREE\IENT. each party to bear its own costs,
notwithstandmg other provIsIOns of this
AGREEMENT to the contrary.
8.1 0 Pursuant to Sectin!1 216.347 FS.. the
COUNTY is prohIbited fTorn the expenditure of any
iÌ1nds under this AGREEMENT to lobby the
Legislature, the Juclicíal branch or another state agency
8.11 The DISTRICT is a governmental entity
responsible for perfomting it public service and
therefore has a lcgitnnate interest ill promoting the
goals and objectives of the agcncy. ]'he \Vork nnder
this AGREEMENT involves a project consistent
with these goals and obJectives. Consequent]y, tlle
DISTR[CT is desirous of satisfactorily completing
and suceessfllHy prornotíng this project with the
cooperatlO!1 of Its C01;NTY. Therefore, the
CO{]NTY assures the DISTRICT that the
COlJNTY, its employees, subcontractors and assigns
will refrain from actIng adverse to the DISTRICT'S
legitimate interest in promoting the goals and
objectives of this project. The COl'NTY agrees to
take all reasonable measures necessary to effectuate
these assurances. ln tlte event the COCNTY
detcmúnes it is nnable to meet or promote the goals
and objectives of the project, it shaH have the duty to
irrunediately notify the DISTRICT, Upon such
notification the DISTRICT, in its discretIOn, may
terminate this AGREEMENT.
ARTICl..E 9 - RELATIONSHIP BETWEEN
THE PARTIES
9.1 The COUNTY shaH be considered un
mdependent contractor and neither party shaH be
considered an employee or agent of the other part:.'
r"'¡othing in this AGREEMENT shalJ be mterpretcd to
establish any relationship other than tllaê 0;
lJ]eicpcnd:èn' contract\x :--crwC'cr, :h;" Daruc'S :tnc 'c!;"¡-
r::SDt'~U\',-'
a:~'::;~;b SUI)...';OIntra:.:[o:,
ass¡gn~ durmg 0; uflee" the pcrfomlanCl:' OL ¡ht
AGREEMEXr. Both ¡Janles are tree 10 emcr 11UO
contTacts with other panies for similar services,
9.2 ln the event that the COC;NTY is providing stafT
who wilJ be \vorking on-site at DISTRICT facilities, Jt
is fur1her understood that the COUNTY shall be the
employer of the staff provided puemant to the
AGRF:EIVIENT for aH purposes undET state and
federal law and that the COlJNTY's staff shaH not be
eligible for any benefit programs the DISTRICT otÌCrs
to its employees. A]] benetits available to the
COUNTY's stafT shaD be exclusIVely proVIded by Ihe
COUNTY or by the COUNTY's employee.
The COUNTY is solely responsible tor cornph'
with aH lahor and tax laws pertaining to officers, a1::
and COUNTY employees and shall mdemnif)' and
hold the DISTRICT harmless liom any failure by the
COUNTY to comply with such laws. The
COUNTY's duties with respect to such personnel shall
include, but are not limited (0, the following:
9.2.1 Billing, collection, payroll services and 1ax
withholding, and any other related services
9.2.2 Providing insurance coverage pursuant to
Article 5 of this AGREEMENT.
9.2.3 Providing any and all employment
benctits, induding, but not limited to, ammalleave,
sick leave, paid holidays, health insurance, retirement
benetíts and disability insurance.
9,2.4 Complying with the Fair Labor Standards
Act, 29 U.S.C. 201, et.seq., including payment of
overtime in accordance with the Aet.
9.2.5 Providing employee training for aH
activities necessary for job perfomulIlce, except those
functions that are unique to the DISTR[CT, in \vhich
Page 7 of9, Exhibit "B"
Contract File:\County.doc 02í03/05
Agenda Item No. 108
SOUTH FLORIDA 'VATER MANAGEMENJt~iiicT
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
event, the DISTlUCT, ìn its sole judgment and
discretion. may provide training.
9.3 it is the litent and undcrstandmg of the Pames
that tbis AGREE"~H:Xr is solely fÓr the bendi! ot" the
COUNTY ane: ¡hc DISTRICT. No person or enti1y
"t!I:': m:if" [j)'.: ('Ot "\TY ('r the DISTRICT Sh,,j' nave
any nghu. 0: p[j\!j,~g:'s um1e:
any capacIty W1131S0(,\'C1',
beneficiary or oth,TW¡Se,
Hi!,- AGREEI\1EXr ill
Clmer as third-parry
9.4 The COUNTY sbaH not assign, delegate, or
otherwise transfer its rights and obligations as set fbrth
in this AGREEMENT without the prior \Hitten
consent of the DISTRICT. Any attempted ¡¡ssignment
in violation oftlús provision sha1! be void.
9.5 The COUNTY shaJj not pledge the
DISTRICT's credit or make the DISTRICT a
guarantor of pa}TI1cnt or surety for ¡my
AGREEMENT, debt, obligation, judgement, lien, or
any form of indebtedncss.
9.6 TIle DISTRICT assumes no duty with regard to
the supervision of the COUNTY and the COUNTY
shall remain soldy responsible for compliance with aU
safety requirements and for the safety of aU persons and
property at the site of AGREEMENT perfol1nancc.
ARTICLE 10 - MBE PARTICIPATION
J 0.1 The COCNTY hereby acknO\vledges tbat no
Minority Business Enterprises (MBE) participation
level has been established for this AGREEMENT;
however, both parties agree to provide the other
advance notice of competitive contracts that may
result from this AGREEMENT along with tìme!ínes
for publ1c notice and award of such contracts, In the
event subsequent competitive contract awards do
rewlt .inMBE participation, such participation shall
be reported to the other party, Both the COUNTY
and the DISTRICT will ensure compliance with the
provisions of thcir respective program, laws.
ordinances and policies and will support the other's
initiatives to the extent allowed hy law,
ARTICLE 11 - GENERAL PROVISIONS
1 ¡ , I Notwithstanding any provisions of this
AGREEMENT to the conlTary, the panics shall not be
beld liable for any failure or delay in the performance
of this AGREEMENT that arises from fires, floods,
strikes, embargoes, acts of the public enemy, uIlusually
severe v"eather. nutbreal of war. restramt of
Government. riots, civil commotJor., torc~ ¡naJeurc. act
of (joel. Cj! fÖ- J.n~' oth~>r cause {)f' tÌl('" ;::~rnc Cj1~~·(¡,"~1.~"-
\-\hKh ¡,~ llllavOJuable ÜU'ough the exercIse 0: due care
and beyond the control of the panics Failure to
perform shaH be excused during the continuance of
such circumstances, but this AGRKIUvŒNT shaH
otherwise remain in eífect. This provision shaJJ not
apply if tbe "Statement of \Vork" of this
AGREEMENT specifies that performance by
COUNTY is specifically required dming the
Occurrence of any of the events herein mentioned,
J 1.2 Any inconsistency in this AGREEMENT shaH
be resolved by giving precedence in the !ÌJllowing
order:
(a) Exhibit "}\" Special Provisions, if applicable
(b) Exhibit "R" General "lèrms and Couditlons
(c) Exhibit "C" Statement of Work
(d) all on}Cr exhibits, attachments and documents
specifíeally incorporated herein by reference
11.3 Failures or waivers to insist on strict
perfonnauce of any covenant, condition, or provision
of this AGREEMENT by the parties, their successors
and assi¡"rrls shalInot be deemed a waiver of any of its
righl~ or remedies, nor shall it relìeve the other party
ti'om performing any subsequent oblígations strictly in
accordance with the terms of thts AGREEMENT. No
waiver shall be effective tU11ess in ,\Tiling and signed
by the party against whom enforcement is sought. Such
waiver shaH be limited to provisions of this
AGREEMENT specifically rcfelTed to therein and
shall not be deemed a waiver of any other provision.
No waiver shaH constitute a continuing wan.'er unless
the writing states otherwise.
11.4 Should any teml or proViSlOll of this
AGREEMENT be held, to any extent, invalid or
unetûorceable, as against any person, entity or
cÌrcumstance during the term hereof, hy force of any
statute, law, or mling of any fomm of competent
jurisdiction, such ìnvalidiry shall not affect any other
teml or provision of this AGREE.MENT, to the extent
that the AGREEMENT shall remain operable,
Page 8 of9, Exhibit "R"
---...-.,^
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Contract File:\County,doc 02/03/05
Agenda Hem No.1 OB
SOUTH FLORIDA \VA TER l\'IANAGEMEN$ijl~tMcT
EXHIBIT" B"
GENERAL TERlVIS AND CONDITIONS
enforceablc and in fun force and effect to the extent
pennitted by law.
J 1.5 ,ThIS AGREEJ\-IENT may be amended only
WIth tho: wnlten apprtw;¡j oj ¡he P;¡rtj':s here1O.
!, t AGREE"\[!~"--: "elie, till '-':~¡:1', ',mue:-
sLmdmg ,l:Li AGREEi\lE:"T bC''\\',:cn the partlt'S and
supcrs::,d::,,, an\ and aii "TItle]; ,):' '-'r,>I represenla!lons,
statements, negotiations, OJ connaCIS pI eVlOusly
eXlsting bdween the paI1ies with n:spect to the subJcct
malleI or this AGREEMENT Thr COCNTY
recognizes that any representatIOns, statements or
negot¡ations made by DISTRICT st:¡jf do not suffice
to legalJy bind the DlSTRICT U1 a contractual
relations!up unless they have been reduced to \uitíng
and signed oy ,m authorízed mSTRICT
reprcscntat!ve. TI11s AGREEl\IENT shall mure to thc
benefit of and shall be binding upon tbe parties, their
respccuve assigns. ,md SUi.'cessors m interest.
ARTrCLE 12 - SAFETY REQŒREMENTS
12.[ Thc CDeNTY shall compJy \vlth aU
applicable FederaL State and local safety standards.
rcgu ¡anons 'lppJtcable ro thc work performed
pllrsuant to this AGREEMENT
12.2 The COIJNT'l shaH be responsibJe ()r the
comp!íancc of its suhcontractors with aU applicable
FederaL State and local safcty standards/regulations
applicable to the work performed pursuant to this
AGREEMENT
Page 9 of9, Exhibit "B"
Contract Fi!e:\County.doc 02/03/05
-'~""'---,_...,
Agenda Item No.1 08
April 26, 2005
Page 29 of 38
EXHIBIT "C"
STATEMENT OF WORK
GORDON RIVER WATER QUALITY PARK
L INTROf)'()CTION
Napks Bay, located on the southwest coast of Florida in CoI1ier Coum\. is a rcJatìvely DHJTO\\
and shalkw bo~'\ 0:- \va:-;" r-angmg \"idth fronl "5 (0 1500 and depth ;)f ¡ 2::; fee',.
water enter::: the Bay tÌ"(¡¡l1 UK south through (Jordon Pass and mixes with fh:sÍ1\vat;;;r entcrin¡¿ the
north end from the (Ìolden (Jate Canal, Rock Creek, Haldeman Creek, and the Gordon River.
While the Bay once drained about 20 square miles, it is now the receiving body from
approximately 120 square miles due to the construction of the Golden Gate Canal system and its
linkage to the Bay.
The Bay's historical \vatershed was comprised of s\vamps, marshes and s]oughs that replenished
aquifers, supported plant and animal ]i fe, and supplied water for a relatively 10\\1 human
population in the region. However, beginning in the mid-twentieth century, the watershed's
landscape began to change from this natural setting to agriculture in the east, and, paliicular]y in
the western portion of the \\'atershed, to highly urbanized land uses. The development of urban
inlÌ'astructurc in the form of roads, utiJities, canals, and recreationa] Ül.cilíties has resulted in the
Joss of many historic flow\vays to the Bay. Increases in impervious surfaces have also increased
both the quantity of \.vater running off the land and the amount of pollutants being carried with
that water into the Bay.
The seagrasses, manf,'H.wes, and oyster reefs of Naples Bay have been affected by excess fresh
water, polluted runoff, and development, and long been recoÉ;,YJ1Ìzed as needing restoration.
Problems \vere identified when the Florida Legis]ature created the Big Cypress Basin in 1976.
During the last three decades, the Big Cypress Basin Board has undertaken aggressive etIû¡is to
reduce the freshwater inflow to the Bay by constructing numerous watcr management facilities
and efficiently operating and maintaining a network of canals, water control structures, ,md
pump stations. The Conservancy of Southwest Florida compJeted a comprehensive scientific
study of the Bay in 1979 that included recommendations for restoring its ecological health, In
2003. the Governing Board of the South Florida Water Management District (District)
authorized the initiation of a Surface Water Improvement and Management Plan for the Bay.
In 2004, the District received tùnding from the Florida State Legislature for a series of\vatershed
restoration projects in Southwest Florida that stretch from Charlotte rIarbor in the north to
Naples Bay and the Tcn Thousand Islands in the south. These projects were grouped into five
Watershed Initiatives. Within the Naples Bay \Vatershed Initiative are several projects
addressing important water restoration and management issues in Collier County. The goals of
the Initiative are to:
Construct stormwater treatment structuresífacilities that improve polluted runoff,
Reduce the amount of freshwater entering the Bay and, ultimately,
· Restore sea grasses, oyster reefs, and mangroves in the Bay.
Page 1 of3, Exhibit "C", Agreement No. OT050976
-""'...""--~
Agenda Item No. 10B
April 26, 2005
Page 30 of 38
One of the locations within the Naples Bay watershed that would greatly benefit from improved
stormwater management is the Gordon River Basin. The heavily urbanized Gordon River Basin
includes the eastem section of the City of Naples and parts of unincorporated areas of western
Collier County. Chronic Hooding problems along the Goodlette-Frank Road corridor are a result
of a lack of adequate SlOnnwater management facilities. Ston11\vater runoff from the basin
continues to carry Dollutants into Naples Bay. This agreement provides funding to CoJJìcr
County to àcsig'1. pCnllil and construct a stonll\\"ater treatment facility 10 provdc flood fé: ..::,,',
suría....c \\¿¡ter.lua!i:y 11'.21LI11::11 cUE TT':."eationa! opponunines V1Z, a proj~;:': c,-!~Ied the '.' ·..i:'''·
Ri vel' \\ ate" QuaJi ry P arE The p:";:-.j e..~l 1S approximaL'ly 5u acres in size and is located ;:,:.5: u.
Goodlcttc-Frank Road and North OJ Golden Gate Parkway within the City of Naples.
2. OBJECTIVES
rile purpose of the Gordon River Water Quality Park Is to attenuate flooding by reducing ilows
and durations of water events in the Gordon River Basin while improving water quality, \vct1and
habitat, and groundwater recharge. Minimal to no water quality treatment is envisioned. The
project also \vil1 provide an area for passive recreation and natural resource appreciation. The
Park design is intended to address both existing and projected stom1\vater conditions. The Park
design shall be consistent with the Gordon River Extension Basin Study Phase IV. The project
shan maximize the public's participatIon In all phases of the project process and the project shall
develop a system \vhich promotes environmental protection and provides recreational
oppoltL1l1itìes. The project shall not adversely impact jurisdictional wetlands.
3. SCOPE OF WORK
The scope of \'lork for this cooperative agreement is to design, permit and construct the Gordon
River Water Quality Park. This includes data collection, alternative analysis, hydrologic
modeling and analysis as needed, prelimInary and final desi§,'11 plans and specifications,
construction bidding and award, construction and project management. Additionally, public
outreach wil1 be perf0TI11Cd as an integral part of the project development and implementation.
The Park is envisioned to entail a potential pump statIon and/or larger culvert delivering \vater
hom the Cìoodlette Frank Road. a series on interconnected, cascading ponds makIng up the
treatment train to include littoral shelves, landscape planting, and a means of mixing acÜon to
accelerate the normal biological and chemical water qualIty improvement processes, a bypass
structure, and a discharge structure. Also, recreationa] attributes such as a pervious parking area,
recreational trails, benches, lîghting, trash receptacles, are anticipated.
4. WORK BREAKDOWN STRUCTURE
The County shall be responsible for the satisfactory completion of these projects and may retain
a consultant to provide the professional services needed to complete the design, plans,
specitìcations and permits, and to assist the County during construction.
Page 2 oî 3. Exhibit "C, Agreement No, 01'050976
-_._-~_._--
"~-~---"--
Agenda Item No.1 OB
April 26, 2005
Page31of38
The County shall be responsible for project management, budget management and quality
control and public outreach. The County shaH be responsible for reviewing and approving
deliverabJes from thc consultant to ensure that the project objectives are met.
4.1 Task 1: Design/Permitting
Task 1. The County shaD be responsible for completion of the design and pcnnitting processes
fo¿- this Project. In accordance with State and County regulations the County may acquire the
SC¡yi:":~E of~. consuÌlant to pc:-fo11lJ tb·;: ac¡jvilJ;?s l1::cessa:y ¡., design and permi: the hc~it';.>
hO\VeVeL tÌJe County shallilc respon:;iblc for the c()mpìetc Project including the work of a
consultant. In addItiOn any pubJic outreach shan be the responsibility of the County
Task I DeHvcrables: One copy of the Notice to Proceed with design, one copy of the 60% and
one copy of the 1 OO~/'Ó Design Plans and a copy of aU necessary Permits.
4.2 Task 2: Pro.ject Pre-Construction
Task 2: In accordance with State and County regulations the County shaU provide ror the
selection of a competent fi11l1 to construct the Project. The County shalJ be responsible for the
processes of acquisition including, but not limited to, specification development, bid documcnts,
technical review and contractor seJection.
Task 2 Deliverable: Copy of the County Commissioners approval of a Constmction
Contractor.
4.3 Task 3: Construction
Task 3: The County shall be responsible for the construction of the Project which shaH include,
but not be jimited to, project management and engineering oversight, of all construction
Task 3 Deliverables: Copy of the 50% Completion Certification and the Construction
Substantial CompJetion Certitication
4.4 'I'ask 4: Final Letter Report
Task 4: On completion of the project, the County shall prepare a final letter report to the District
that summarizes the work, accomplishments, and improvements to the watersheds.
Task 4 Deliverable: Final letter report including Engineer's Certificate of Construction
Completion
Page 3 of3, Exhibit "C", Agreement No. OT050976
Agenda item No, 108
April 26, 2005
Page 32 of 38
EXHIBIT "D"
PAYMENT AND DELlVERi\BLES SCHEDULE
· A summary deliverable and pa)nnent schedule associated with this project is set kHth below,
· Specific de1iverables associated \vith each task are in the summary table below. Due dat:::s
for all delìverables ar-c set torti below
·
'¡i1' :¡J·'¡\'''J'~'t'j·P:, "1")"1'" ': '¡" '>rJl"I';'>' a· "C·· 'U"'l¡>:J~ 'C' I''''\'J'''\\ a'lO' a"c"'Pt"ìI1C"-'
~~ .....~.\ __,<..... ~ \",.." _,~,,-,,,,, ..l_'-, ....~........ ~'-< . i"_ ~ l......'" ~ t -' ".' ___' "I. .\,.. '-, ( '\...-.
the u¡;:rL,
· Acccp:ability of all \vork win be based on the judgment of the District that the \Vorl: IS
technically complete and accurate,
· Payment shall be made following receipt and acceptance by the District of project invoices in
accordance \vitll the schedule set forth below. All invoices shall bc accompanied by adequate
documentation to demonstrate comp1etion of each task in accordance \\lith Exhibit "("
Statement of\Nork requirements.
· Total payment by the District for all activities hereunder shall not exceed the amount 0 t
S500,000.00, The District's cost share amount shall not exceed 50(~'o oftbe total project cost
Task Deliverables .. DBeI>ate~ .. ." DistriêtNot- I
) (Fr?l"Íl'.p.?n.~åct " t&~.Ef{2eed
.... .'. ..... èxec'Üdon} .. Payment'" *
Task 1: Notice-ta-Proceed with Design 1 month £50,000
Design/Permitting 60~~ Design Plans 4 months $100,000
1 OO~iO Design Plans and 9 months $100,000
Pcnnits
Task 2: Construction Notice-ta-Proceed \-vi th 12 months $50,000
Bidding Construction
Task 3: Construction 5W% Completion Certification 18 months $200,000 I
Construction Substantial 24 months nia
Completion Celtification
Task 4: Final Letter Final Letter Report with 30 months n/a
Report Certificate of Completion --
NOT - TO-EXCEED PROJECT TOTAL $500,000
* All dates are referenced tram the date of execution of this agreement and arc estimated.
** The District shall only be obligated to pay for documented actua1 expenditures within the nai-
to-exceed amounts specìtìed above. In the event actual expenditures by the County arc less than
the not-to-exceed for a particular task, the County shaH have the fight to apply the unexpended
balance towards a subsequent task. The County shall provide written notice of its decision to
exercise this right. In no event shaH the District's total obligation exceed $500,000 as specified
Page I of:!, Exhibit "D", Agreement No. OT050976
Agenda Item No.1 08
April 26, 2005
Page 33 of 38
above for this agreement. The County is responsible for any additional funds either through
local revenues, grants, other appropnatÍons, and/or other funding sources.
Page :2 of 2, Exhjbjt "D", Agreement No. OT050976
-____~".^w.
--"'~-~<
South Florida Water Management District
P.O. Box 24680
West Palm Beach, Fl33416-4680
Telephone (561) 686-8800, Ext. 6390
Florida WATS Line 1-800-432-2045
Agenda Item No. 108
April 26. 2005
PURCHASeeORÔ8ER
THIS IS A CENTRALIZED PURCHASE AUTHORIZATION.
ALL ITEMS ARE SHIPPED F.O.B DESTINATION
UNLESS FREIGHT CHARGES ARE ITEMIZED BELOW
I VENDOR NO. 1 PURCHASING AGENT-
I I
128'7 Y iJ:JSCLì'N HARP.IS-F::TZROj'
---_._-'
FLORIDA SALES TAX EXEMPTION # 85..ß013149859C-9
FEDERAL TAX EXEMPT # 59-74-0072K
THIS NUMBER MUST APPEAR ON ALL
PACKAGES, PACKING LISTS, INVOICES.
AND CORRESPONDENCE.
\~
I PAGE NO.
01
'1
I F.O.B
PAYMENT TERMS
PC PSOI076
¡-DATE OF ORDER
L 02 23 05
¡CONFIRMING
!
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¡ EST, DELIVERY DATE I
I' 09 05 05 Ii
ORGANIZ/., r:o/\ NO.
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COLLIER CHTY STORMWATER MGMT
2885 HORSESHOE DRIVE SOUTH
. S i SOUTH FLORIDA WATER MANAGEMENT DiSTRI:::-
'W;~!
I p MS: 4450 FORT MYERS AREA OFFICE
2301 MCGREGOR BLVD
T FT MYERS FL 33901
FL 34104 0
LINE ITEMS OF YOUR INVOICE MUST MATCH LINE ITEM NUMBERS ON THIS DOCUMENT
Quantity Part Number an~ Description I Unit Price ...- '--"~:t:~:::---l
NAPLES
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DESIGN OF ~TEWAY tRIANGLE DRAINAGE IMPROVEMENT
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PRICING ~ SERVICES PER ATTACHMENT A STATEMENT
BY REFERENcE HEREI* AND MADE A PART OF THIS PUR
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90,000.000000
90,000.00
DISTRICT CorTACT; ELIZABETH ABBOTT @ 561 239 33 -2929 EXT 7730
. I
AT TN .: RIC~DO VAL~RA
PLEASE ACKNþWLEDGEiRECEIPT AND ACCEPTANCE OF TH S PURCHASE ORDER BY
SIGNING AND, RETURNING A COpy VIA FAX TO THE PUR RASING AGENT @ 5 1-
682-5754. I i
ACKNOWLEDGEkNT:
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BY (PRINT ok TYPE) ¡
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NOTE: Prices displayed govern this purchase order transaction.
Early payment discount invoices receive priority handling.
The attached Purchase Order terms & conditions apply as follows:
Page 1 for commodities and Page 2 for services. -L I _
SEND ALL INVOICES TO: ~
South Florida Water Management District
P.O, Box 24682
West Palm Beach, FL 33416-4682
Page Total
90,000.00
90,000.00
Form 0695 (01/2005)
South Florida Water Management District
P.O. Box 24680
West Palm Beach, Fl 33416-4680
Telephone {561) 686-8800, Ext. 6390
Florida WATS Line 1-800-432-2045
Agenda Item No. 10B
April 26, 2005
Page 35 of 38 :
PURCHASE ORDER
FLORIDA SALES TAX EXEMPTION # 85-8013149859C-9
FEDERAL TAX EXEMPT # 59-74-0072K
THIS NUMBER MUST APPEAR ON AlL. PAYMENT TERMS
PACKAGES, PACKING LISTS, INVOICES,
AND CORRESPONDENCE.
r-L' TBI.S IS A C.ENTRALIZED PURCHASE AUTH~RI..ZATION'
ALL ITEMS ARE SHIPPED F.O.B DESTINATION
UNLESS FREIGHT CHARGES ARE ITEMIZED BELOW
¡ VËNOÖR NO. i PURCHASING AGENT
1287 K IJOSCLtlJ HARRIS-FITZROY
--..--~-_._.__.
- IIo
PAGE NO
PC PS01076
-'--ii5ÃTË OF ORDER
01 I 02 23 05
...-'-------..,-..-..-
': CONFIRMING
NET 30
EST. DELIVERY DA fË--
09 05 05
ORGANIZATION NO
-----_...._-~--'-+
I' F.O.8
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NO
4450
COLLIER CNTY STORMWATER MGMT
2885 HORSESHOE DRIVE SOUTH
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P
MS: 4450 FORT MYERS AREA OFFICE
2301 MCGREGOR BLVD
FT Mï-ERS FL 33901
IV
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¡ SOUTH FLORIDA WATER MANAGEMENT DISTRICT
NAPLES
T
FL 34104 _9__;
LINE ITEMS OF YOUR INVOICE MUST MA..'!:..C:!LLJNE ITEM NUMBERS ON THIS DOCUMENT
.._~~_...-.._..._--,--~._.
,
Line
Quantity [Unit I Part Number and Description I Unit Price
1000 -I ~æ--I 190,000.000000
DESIGN OF iiTEWAY TRIANGLE DRAINAGE IMPROVEMENT I PER SOW
PRICING ~ SERVIC*S PER ATTACHMENT A STATEMENT ¡OF WORK INCORPO~TED
BY REFERENC~ HEREI~ AND MADE A PART OF THIS PURqHASE ORDER.
~ I I
DISTRICT CONTACT; tLIZABETH ABBOTT @ 561 239 33J-2929 EXT 7730
ATTN -: RICAADO VALfRA I
PLEASE ACKNþ. WLEDGEtRECEIPT AND ACCEPTJU
SIGNING AND! RETURN NG A COpy VIA FAX T
682-5754. I
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ACKNOWLEDGE~æNT: I
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Total Amount
001
90,000.00
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NOTE:
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o THE PURC HASING AGENT @ 5fl-
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Page Tota!
Grand Total 90,0
s: 90,0
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BY (PRINT oþ TYPE) j
I
Prices displayed govern this purchase order transaction.
Early payment discount invoices receive priority handling.
The attachéd Purchase Order terms & conditions apply as foUow
Page 1 for commodities and Page 2 for services. ...-L I _
SEND ALL INVOICES TO: ~
South Florida Water Management District
P.O. Box 24682
West Palm Beach, Fl 33416-4682
Form 0695 (01/2005)
-~"-"--,_.
ATTACHMENT A
Agenda Item No.1 08
April 26, 2005
Page 36 of 38
STATEMENT OF WORK
COLLIER COUNTY
DESIGN OF GA TEW A Y TRIANGLE DRAINAGE IMPROVEMENTS
A. INTRODUCTION
In 2004, the South Florida Water Management District (District) received funding from the
Florida State Legislature for a series of watershed restoration projects in Southwest Florida that
str~tch from Charlot\: H;.é)o~ in the no:-:~: Naples Bay and the Ten Thousand ISlands in th,~·
south. These projects wcre grouped into live \Vatershed Initiatives. Within the :\apie~ Ba)
Watershed Initiative are several projects addressing impOJ1ant water restoration and management
issues in Collier County. The goals of the Initiative are to:
.
Construct stonnwatcr treatment structures/facilities that improve polluted runoff,
Reduce the amount of freshwater entering the Bay and, ultimateJy,
Restore sea grasses, oyster reefs, and mangroves in the Bay.
.
Naples Bay, located on the southwest coast of Florida in Collier County, is a relatively nan-ow
and shal10w body of water ranging in width from 75 to 1500 feet and depth of I to 23 feet. Salt
water enters the Bay from the south through Gordon Pass and mixes with freshwater entering the
north end from the Golden Gate Canal. Roek Creek, Haldeman Creek, and the Gordon River.
While the Bay once drained about 20 square miles, it is now the receiving body from
approximately 120 square miles due to the construction of the Golden Gate Canal system and its
linkage to the Bay.
The Bay's historical watershed was comprised of swamps. marshes and sloughs that replenished
aquifers, supported plant and animal life, and supplied water for a relativeJy low human
population in the region. However, beginning in the mid-twentieth century, the watershed's
landscape began to change from this natural setting to agriculture in the east, and, particularly in
the western portion of the watershed, to highly urbanized land uses. The development of urban
infrastructure in the form of roads, utilities, canals, and recreational facilities has resulled in the
loss of many historic tlowways to the Bay. Increases in impervious sUlfaces have also increased
both the quantity of water running off the land and the amount of pollutants being carried with
that water into the Bay.
There are three locations within the Naples Bay watershed that would greatly benefit from
increased watershed restoration and improved stOlmwater management:
· The Gordon River Basin.
· The Gateway Triangle. and
· The Lely Area
This scope addresses the Gateway Triangle stonnwater management system. The Gateway
Triangle is a highly urbanized residential/commercial area adjacent to Naples Bay. The existing
stonnwater management facility is old, inadequate, and unable to provide relief from urban
tlooding. Uncontrolled/untreated stonnwater runoff continues to carry heavy loads of pollutants
Page 1 of 3
A TT ACHMENT A
Agenda Item NO.1 DB
April 26, 2005
Page 37 of 38
directly into Naples Bay. In 2001, the District and Collier County sponsored a stomlwater
retrofit project involving the installation of an outlet contro] and backflow prevention valves, but
much more needs to be done.
B. OBJECTIVES
The purpose of this project is to attenuate flooding by reducing flows and durations of water
events in the Gateway Triangle Area while improving water quality, wetland habJtal, and
groundwater recharge. The elements of the plar: muy consist of combinations 0; ::veral
management actions that include modif¡cation 01 channels, construction of net\VOfKS or
storm\vater retention areas, creation of filter marshes, removal of exotic vegetation from flood
plains, and retrofitting of existing storm water faciJities.
C. SCOPE OF WORK
The County shall provide drainage design, construction plans, specifications and permit
submittals to improve surface drainage and provide stormwater treatment. The project area is a
triangular area generally bounded by Davis Boulevard (SR 84) to the north, Tamiami Trail (US
41) to the south, and Airport-Pulling Road to the east in Naples, Florida. Plans for the Gateway
Triangle should involve storm water management facilities that can reduce chronic /loading and
improve the quality of runoff that enters Naples Bay from this area of the Naples Bay watershed.
This will entail construction of stormwater treatment systems and/or the retrofitting of existing
storm water systems.
D. WORK BREAKDOWN STRUCTURE
Task 1. Desi2n of Gatewav Trian21e Draina2e Improvements
The County shall be responsib]e for the satisfactory completion of this project and may retain a
consultant to provide the professional services needed to complete the design, plans,
specifications and permits. The County is responsibJc for reviewing and approving deliverables
from the consultant to ensure that the project objecti ves are met.
Task 1 includes completion of the design needed through submittal of all applicable pennits for
construction. Task 1 typically consists of the following activities.
· Research and Data Gathering
· Surveying
· Hydrologic and Hydraulic analysis, as required
· Geotechnical Investigation, as required
· Public Outreach
· Preparation of Drainage Design and 100% Construction Drawings and Specifications
DeJiverables: One copy of the drainage design and one copy of the 100% Design Plans.
Page 2 of 3
-,..."--~-,-"'-
"--"~-"',.*'"'
ATTACHMENT A
Agenda Item No. 108
April 26, 2005
Page 38 of 38
E. SUMMARY SCHEDULE OF T ASKS AND DELIVERABLES
This is a cost-share project with funding coming from the District and Co]]ier County. The
project is cxpected to cost approximately $185,000. The District's share will be $90,000. Collier
County's share wi!] be $95,000.
. A summary deliverable schedule associated \I,'ith this project is set forth below.
. AI1 dC;lverahies submitted Ì1e;'::undcf ~!::: sub.1':":[ t(l r~\leW to' the District. Ac.:;eptahiìit> or
all w01'\ will be hased on the judgment 01 the District that the work is technically credible,
accurate. precise and timely.
Deliverable Due Date Payment
(From PO Issuance)
Task I. Drainage Design 12 weeks $45,000
Task 1. 100% Design Plans 28 wecks $45,000
TOTAL $90,000
Page 3 of 3
Agenda Item No. 1 DC
April 26, 2005
Page 1 of 6
EXECUTIVE SUMMARY
Presentation of the three final proposed designs for the Collier C01lDty Freedom
MemoriaL
OBJECTIVE: To have the Board of County Commissioners (BCC) select a design for
the Freedom Memorial which will be built on the grounds of the CQllier County
Government Center, 3301 E. Tamiami Trail, Naples.
CONSIDERATIONS: On May 25,2004, the BCe approved a proclamation
designating September 2004, and all subsequent Septembers, as Freedom Month in
Collier County. As part of the "What Does Freedom Mean to You?" campaign,
commissioners appealed to artists to submit proposals for a memorial design that reflects
American 1Ì'eedom and values.
The Freedom Memorial Mission Statement is as follows:
To pay tribute to service members who have sacrificed their lives to preserve our 1Ì'eedom
and to honor law enforcement officers. firefighters. emergency medical personnel and
civilians who perished during the Sept. 11.2001 attacks on the World Trade Center.
Pentagon, United Airlines Flights 175 & 93 and American Airlines Flights 77 & 11.
To acknowledge the survivors of all horrific terrorist attacks and to show consideration
for the family members of those murdered.
To pay homage to all Americans who have sacrificed for the defense of our nation, for
peace and for freedom.
To symbolically display the strength of the American spirit in times of tragedy.
32 design proposals were submitted by the Jan. 31, 2005 deadline. Entries were received
ftom local artists and :trom artists across the United States. All of the designs were on
public display on the first floor of the W. Harmon Turner Building dwing the months of
February and March.
A seven-person independent jury was assembled to evaluate each entry based on the
following criteria:
· The Memorial Mission Statement
· Program Considerations
o Inspire and engage people to learn more about the events and impact
of Sept. 11. 200 I
o Memorial design should compliment existing area
o The budget for the memorial will depend upon the memorial design
· Excellence in Design. and Vision
The jury narrowed the design entries down to three finalists that are being presented to
the BCC.
Agenda Item No. 1 DC
April 26, 2005
Page 2 of 6
The independent panel included the following individuals:
Peter Thomas: A ward-winning broadcaster and the "Voice" of PBS
Wayne Smith: Fonner CEO ofBF Goodrich Chemicals
Jerry Sanford: Public Infonnation Officer, North Naples Fire Control and
Rescue District
Deputy Tax Collector, Tax Collector's Office
Publisher, North Naples Journal
President, The Greater Naples Chamber of Commerce
Supervisor ofE¡ectÌons
Claude Haynes:
Reg Buxton:
Mike Reagen:
J~nnifer Edwards:
FISCAL IMPACT: None. The goal is to have private donations finance the
construction of the memorial.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners select a design
proposal for the Collier County Freedom Memorial.
Prepared By: John Veit
Agenda Date: APRIL 26, 2005
r
Item Number
Item Summary
Meeting Date
Approved By
J;i rneg V_ Mudd
Board of County
CUlTlrnj'¡;:>lon"f!,
Agën(ia Item r-.¡o -IOC
April 26, 2005
Page- 3 of 6
COLLIER COllNTY
80ARD OF COUNTY COMMISSIONERS
10C
Pn:~sell!ation c1 the three f;nal proposec designs for the Colli€r County FrE;E;.ÔOm MernDrla:
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County Matuger
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Agenda Item No. 10D
April 26, 2005
Page 1 of 46
EXECUTIVE SUMMARY
Recommendation to approve, and anthorize the Ch........ to lip: (1) an I.terlocal
Agreement with The Board of Supervison of the Ave Maria Stewardship
CommnDity District, whereby CoWer Conaty aana to resene to the Diltriet
luflieient eapaeity on ColDer County'. road pubUe facilities to complete the build
oat of the Town of Ave Maria, and (1) a Developer Contribution ÅgI'eeIDeat with
Ave Maria Development LLLP, wherein the Couuty has qreed to accelerate the
wideDing of OD Wen Road from Immokalee Road to CaDlp Keais Road, in exchang.
for the do..tien of an estimated 57,880,000 in ript of way and other lubstantial
coBSideration..
OBJECI'IVE: To obtain BCC approval of (1) an Interlocal Agreement with The Board
of Supervisors of the Ave Maria Stewardship Community District ("Dis1rict"), whereby
Collier County agrees to reserve to the District sufficient capacity on Collier County's
road public facilities to complete the build out of the Town of Ave Maria, and (2) a
Developer Contribution Agreement with Ave Maria Development LLLP ("Developer"),
wherein the County has agreed to accelerate the widening of Oil Well Road &om
Immokalee Road to Camp Keais Road in exchange for the donation by the Developer of
an estimated $7,800,000 in right of way and other substantial considerations.
CONSIDERATIONS: As set forth in the February 2005 Recommendations of the
Southwest Florida Regional Planning Council Development of Regional Impact
Assessment for the "Town of Ave Maria," DR! #07-0304-167 and proposed DR!
Development Order, there is to be created the 4,995 acre Town of Ave Maria., to be
located just north of Oil Well Road and adjacent to Camp Keais, which proposed Town at
build out will include 11,000 residential units, 690,000 gross square feet of retail/service,
510,000 square feet of office, 400 hotel rooms, 6,OOO-student university, 450 units of
assisted living facilities, 148.500 square feet of civic, community and miscellaneous
facilities. 35,000 square feet of medical facilities, a public K·8 school and a K-12 private
school, with a proposed build out to be completed in two 5-year phases with construction
anticipated to commence in 2006, and continue through 2016. For this development to be
built out, substantial road improvements are req~ including four lane improvements
to Oil Well Road between Immokalee Road and Camp Keais Road (the "Project''). In
addition, given the extended time frame for the build out, transportation concWTenCY for
this corridor needs to be reserved so that the entire University Town can be completed.
To accomplish this goal, staff has negotiated two agreements. The first agreement is an
interlocal agreement with the District, wherein the County has agreed to reserve to the
District sufficient capacity on Collier County's road public facilities to complete the build
out of the Town of Ave Maria. It is understood that the Town of Ave' Maria will be built
in phases. As each final local development order is issued for eacb phase, a certificate of
public facility adequacy will be issued, and transportation impact fees paid, in the manner
then set forth in the Collier County Land Development Code, and the reservation of such
capacity to the District of road public facilities will be reduced by a like amount. Each
.~
Agenda Item No. 10D
April 26, 2005
Page 2 of 46
time a final local development order is sought for a project within the District, County
may request that the District provide the County with written assurance that such final
local development order sought conforms to the Final Development Order. To ensure that
this road concurrency is not tied up indefinitely, followin¡ the seventh anniversary date
of approval of the final DR! Development Order, County shall conduct a review of
performance under this Agreement to deterinine whether or not there bas been
demonstrated good faith compliance with the tenus of this Agreement and that the project
is proceeding in a timely manner to build out. If the Collier County Board of
Commissioners finds, after consultation with the District, on the basis of substantial
competent evidence, that there has been a failure to comply with the tenns of this
Agreement, or that the construction of the Town of Ave Maria is not proceeding in a
substantially timely manner to build out, the Agreement may be modified or terminated
by agreement of the parties. Upon termination of this Agreement, any unused capacity
reserved on Oil Well Road will be released, and made available for other development in
the area, with future development of the Town of Ave Maria on an equal footing with all
other development as to compliance with the County's concurrency requirements.
The second agœement is with the Developer. To accelerate these improvements to Oil
Well Road and to facilitate the multi-laning of Camp Keais Road to lmmoka1ee Road, the
Developer has agreed. to donate ftee of charge to the County an estimAt~ $7,800,000 in
land to create a 200 foot right of way along Immoka1ee Road, Oil Wen Road and Camp
Keais Road within the District. The Donated Land encompasses approximately 150
acres. In addition to the Donated Land. for the purpose of providing sufficient stonn
water drainage for these road segments, the Developer has agreed it sball freely provide,
at no cost to the CoWlty and without any impact fee credits, (1) at least 3 acres of suitable
land per mile of road, or (2) will accept such storm water into existing Developer-owned
or controlled storm water systems, or (3) a proportionate combination of the above. In
addition, Developer has agreed to provide, at cost to the County, without any impact fees
credits, the. necessary fill for the Project and for the future four laning of Camp Keais
Road from Oil Wen Road to Immokalee Road (together referred to as the "Road
Segments). Cost shall include all actual extraction costs of the fill, plus the County's
proportionate share of all permit fees incurred by Developer in developing the site for
mining the fill. Lastly, Developer has agreed to design and permit the four laning of a
section of Oil Wen Road from 1mm0ka1ee Road to Camp Keais Road for approximately
$6,000,000 in impact fee credits.
The COWlty presently intends to build the Project in three sections, paying for the
construction of the entire Project through the collection of Road Impact Fees, as outlined
in Section 9 of the attached Developer's Contribution Agreement. The road will be
constructed in three (3) phases as set forth below:
First Phase - Immokalee Road to Everglades Blvd.
Second Phase - Camp Keais Road to Camp Keais Strand
Third Phase - Completion of the Project
Agenda Item No.1 OD
April 26, 2005
Page 3 of 46
FISCAL IMPACT: The fiscal impact is summarized below by category:
RJpt-of-Way - Developer to provide free of charge a 200' right-of-way (current
estimated value of $7,800,000) along Oil Well ~ Immokalee Road, and Camp Keais
Road within the boundaries of the district, County is responsible for any title work and
searches and for costs of recordation of the deeds. Developer is responsible for all costs
to promptly removing or curing any liens, encumbrances, or deficiencies revealed in the
title work.
Traffic Sip'" - Developer shall fully pay for the capital costs of traffic signals at any
access point &om the Town of Ave Maria on Oil Well or Camp K.eais Roads when
deemed warranted by the Collier CO\Dlty Transportation Department. The signals will be
owned, operated and maintained by Collier County.
Storm water DniDage - For the purpose of providing sufficient Storm water for these
road segments, the Developer shall provide free of charge and without any impact fee
credits, (1) at least 3 acres of suitable land per mile ofroad, or (2) will accept such Storm
water into existing Developer-owned or controlled storm water systems, or (3) a
proportionate combination of the above.
FiB - Developer will provide at cost to the County, without any impact fee credits, the
necessary fill for the Project and for the future four/six-Ianing of Camp Keais Road &om
Oil Well Road to Immokalee Road (together referred to as road segments). Cost shall
include all actual extraction costs oftbe fill, plus the County's proportionate share of all
permit fees incurred by Developer in developing the site for lJ1ining the fill.
DesiplPermittlag- Developer has agreed to pay for the cost of design and permitting
for the project estimated at $6,000,000 in exchange for road impact fee credits.
Road Construction - CO\Dlty to pay for all costs of road construction (to be constructed
in three sections) through the collection of road impact fees. The estimated timetable and
cost of constlUction and construction engineering and inspection services (CEl) is noted
below:
1:!11:
Calendar Year 2007
Calendar Year 2007
Calendar Year 2010
Roadwav Setment
Immokalec Road to Everglades Boulevard
Section of Project within the district
Remaining middle section of road
Total
Eatlmated Cott
$10,400,000
$18,400,000
$24.1 $0.000
$52,950,000
Projected impact fees &om the Ave Maria development by fiscal year are as follows:
,... V..,
FY 2001
FY 2008
FY 2H7
FY 2008
FY 200t
FY 2010
FY 2011
FY 2012
FY 2013
Py 2014
FY 2015
FY 2018
TotIIl
Agenda Item No. 100
April 26, 2005
Page 4 of 46
Amount
'3,193.827
$2,962,886
$4,&44,090
$5,150,580
$5,897,818
$8,536,440
$6,254,130
$8,&40,176
$8,757,338
$8,522.720
$8,813,920
$1,341,450
"2,513,171
GROwrH MANAGEMENT IMPACf: The development of Oil Well Road is
consistent with the MPO long-range transportation plan.
RECOMMENDATION: That the BCC approve, and authorize its Chairman to sign, the
1) the Interlocal Agreement with The Board of Supervisors of the Ave Maria Stewardship
Community District, (2) the Developer Contribution Agreement with Ave Maria
Development LLLP, copies of which are attached.
PREPARED BY: Jeðley A. Klatzkow, Assistant County Attorney
OS-MGR-OOOS4/4
Item Number
Item Summary
Mooting Doto
Approved By
Put Ltthnhurd
rnmsportation Service!/.
Agenda Ilem No. 10D
April 26, 2005
Pago 5 of 46
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10D
This i'tem 10 be heard at 10:30 a.m. This item continued from the April 12, 2005 BCe
Meeting. RecommendaHon 10 approve, and authorize Ihe Chsírman 10 sign: (1) an
Interlocal Agreement with The Board of Supervi&ors of the Ave Maria Stewardship
Communi1y District. whereby Collier County 8/j1rees to reserve to the District sufficient
c.ø.psc.ity DO COllier County's road public facilities to complete the bulld~oul 01 the Town of
Avr: Maria. and (2) II Developer Contrit1U1ion Agreement WJlh Ave Maria Developmerrt
LLLP, whf reín the County has agreed to øcçe era.te lhe wideni"9 of Oil Well Road from
Jrnmoka ee Road to Camp KUls Road. In exchange for the donation ot an estimøtl!ld
$7,BOO.000 In nght or way and other subslal\Ual considaratlons. (Norman Feder,
Administrator, TraMportation Services)
4126/2005900'00 AM
EXllcutivCl ~hcrut.ry
Date.
Tranaportation Services Admin
4/612005 3: 50 PM
Oat!!
Approved By
Norm 1:.. Fedœr, AICP
Tr_"sportlon Snrvíl~I'
Trantiportatlon Division Admjnl.tr3~or
Tr.m.portutløu S4Irvlcfts Admin.
4/6/200illi "':35 PM
Date
Approved By
Michael Smykow.ki
County Manag6"s Offic~
Menagement & Budget Director
Ofrice of M.\IIIiIVctmlllnt & Budget
4/18/20055;37 PM
Dote
Approved By
Leo E. Och¡. Jr,
Bond of County
CommíníoneFs
Deputy County M¡ nager
CuutJty M",uIIJP.lr'lI OfficI!>
4/20120050:19 AM
Agenda Item No. 100
April 26, 2005
Page 6 of 46
~RLOCALAGREEMENT
RESERVATION OF SUFFICIENT ROAD PUBLIC FACILITIES
TInS INTERLOCAL AGREEMENT ("Agreement") is made and entered into this _
day of April, 2005, by and between THE BOARD OF SUPERVISORS OF THE A VB MARIA
STEWARDSHIP COMMUNITY DISTRICT, hereinafter referred to as "District," an
independent special district created by and established by and in Chapter 2004-461, Laws of
Florida (2004), and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, hereinafter referred to as
"County." All capitalized terms not defined herein shall have the same meaning as set forth in
the Collier County Land Development Code as of the date hereof and Chapter 2004-461, Laws
of Florida (2004).
R E C I TAL S:
WHEREAS, the Ave Maria Stewardship Community District ("District") was created
and established on April 23, 2004, by Act passed by the Florida Legislature, Chapter 2004-461,
Laws of Florida (2004); and
--
WHEREAS, within the boundaries of the District, Barron Collier Partnership, LLLP has
made available approximately 905 acres to the Ave Maria University, Inc., for the institution and
operation of a private university known as Ave Maria University with a full slate of
undergraduate, graduate, and professional programs with related cultural, recreational, and other
---activities, beriefits--anaprograms for providing teaching, research, and public services to
southwest Florida, the State of Florida, and the Nation; and
WHEREAS, as set forth in the February 2005 Recommendations of the Southwest
Florida Regional Planning Council Development of Regional Impact Assessment for the "Town
of Ave Maria," DRI #07-0304-167 and proposed DR! Development Order, there is to be created
the 4,995 acre Town of Ave Maria, to be located just north of Oil Well Road and adjacent to
Camp Keais, which proposed Town atbuildout will include 11,000 residential units, 690,000
gross square feet of retaiVservice, 510,000 square feet of office, 400 hotel rooms, 6,000-student
university, 450 units of assisted living facilities, 148,500 square feet of civic, community and
miscellaneous facilities, 35,000 square feet of medical facilities, a public K-8 school and a K-12
private school, with a proposed buildout to be completed in two 5-year phases with construction
anticipated to commence in 2006, and continue through 2016; and
WHEREAS, for this development to be built out, substantial road improvements are
required, including four lane improvements to Oil Well Road between Immokalee Road and
Camp Keais Road (the "Project"); and
WHEREAS, to accelerate these :improvements and to facilitate the future four laning of
Camp Keais Road to Immokalee Road, concurrent with the execution of this Agreement, the
County has entered into a Developer Agreement with Ave Maria Development, LLLP (the
"Developer"), wherein the Developer has agreed: (1) to donate an estimated $7,800,000 in
certain right-of-way and provide for stonn water management adjacent to said right of way
Agenda Item No. 10D
April 26, 2005
Page 7 of 46
donation and other substantial consideration; and (2) to design and pennit the four laning of a
section of Oil Well Road from Immokalee Road to Camp K.eais Road for impact fee credits; all
of which will be of significant benefit to the County's Transportation network; and
WHEREAS, in addition, the donation of right-of-way and impact fee credits resulting
from the advancement of design and construction of an Oil Wen Road segment, the developer
will be paying in excess of $60 million dollars in road impact fees to pay for the construction of
the additional capacity being provided by the widening of Oil Well Road and other roadways
within the area; and
WHEREAS, the Developer and County would not be accelerating the widening of Oil
Well Road, and Developer would not be providing the County with substantial free right-of-way
and other valuable considerations, but for the fact that Developer is building a new University
and University Town in eastern Collier County, which University will greatly enhance the
economic and cultural life of the citizens of ColJier County; and
WHEREAS, the Town of Ave Maria will be the first implementation of the Rural Lands
Stewardship Area (RLSA) program, a program which implements the provisions of Chapter 163-
3177(1l)(d) Florida Statutes (2004); the RLSA program being an innovative and incentive based
program for planning, protection of natural resources, and development in the rural area of
Collier County; and
WHEREAS, the "RLSA" program has significant public benefits for Collier County and
the Immokalee area; and
WHEREAS, the Immokalee area and its economic development will greatly benefit from
the proposed road improvements to Oil Well Road and Camp Keais Road; and
WHEREAS, given that the estimated buildout of the Town of Ave Maria may exceed ten
years, there is a substantial concern by all parties that other property owners will take advantage
of the improvements to Oil Well Road and that their developments will utilize a11 available road
capacity to meet their concurrency needs prior to the completion of the buildout of the Town of
Ave Maria; and
WHEREAS, the parties agree that:
(a) Collier County, by virtue of Section 1(f), Article vm of the Florida Constitution,
Chapter 125, Fla. Stat., and Section 163.01, Fla. Stat., is a public agency with the power to
reserve to the District by interlocal agreement sufficient capacity on Collier County's road public
facilities to complete the buildout of the Town of Ave Maria;
(b) The District, pursuant to Ch. 2004-461, Laws of Florida, has the expressed
authority and duty to determine whether the exercise of any of its general and special powers in
carrying out its single limited and specialized purpose (provision of infrastructure to the Ave
Maria Community) would interfere with reservations of sufficient road public facilities by the
'<-
2
Agenda Item No.1 OD
Apríl 26, 2005
Page 8 of 46
County and has the duty to determine that any of the District's activities would not be
inconsistent therewith;
(c) Both the County and the District are public agencies which have certain rights,
powers, privileges and authority, shared in common, which each exercises and may exercise
separately;
(d) Each has the powers enumerated above which it can exercise separately that, by
interlocal agreement, the parties may exercise jointly;
(e) Administration of this Agreement will be by the County Manager or his or her
designee as approved by the Board of County Commissioners of Collier County and by the
District Manager or his or her designee as approved by the Board of Supervisors of the District;
(f) The County and the District can use their respective powers held in common by
cooperating with each other on a basis of mutual advantage;
(g) That which induced the parties to bind themselves to this Agreement is their
reliance upon and authority under the Florida Interlocal Cooperation Act of 1969, as amended,
section 163.01, FS, to make the most productive, accountable, fair, responsive, timely and
efficient use of their respective powers, and other good and valuable consideration. The essence
of this Agreement is a simple and infonnal division of duties by which the District provides to
the County written assurance when requested by the County that any final local development
order of the Developer is within the final approved DRI Development Order with specific
reference to the reservations by the County of sufficient road public facilities; and
WHEREAS, after careful consideration and duly held public hearings on this matter by
both the County and District, the County and District have found that:
(a) This Agreement furthers the public purpose of the District and the County, their
constituents, taxpayers, local owners and residents, both present and future, and the Collier
County community as a whole; and
(b) The public will reap significant advantages associated with and emanating from
this Agreement.
WITNESSETH:
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration exchanged amongst the parties, and in consideration of the covenants
contained herein, the parties agree as follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below.
3
Agenda Item No. 10D
April 26, 2005
Page 9 of 46
2. This Agreement is entered into pursuant to the provisions of Section 163.01,
Florida Statutes and Chapter 2004-461, Laws of Florida (2004).
3. The parties have entered into this Agreement in good faith and covenant to
cooperate with each other in order to fulfill the intent of this Agreement so as to better serve the
residents of Collier County.
4. The proposed plan of development for the Town of Ave Maria at buildout is
attached as Exhibit "A." Upon the issuance of the final DRI Development Order. and any
amendment thereafter, Exhibit "A" will be modified to conform. The proposed phases and
anticipated timeline for build-out of the Town are attached as Exhibit "B."
5. The County understands and agrees that the phases and timelines set forth in
Exhibit "B" are merely an estimate of absorption based on current conditions, and from a
Development of Regional Impact perspective, the controlling time for buildout is the tennination
date of the Town of Ave Maria DRI Development Order, in this instance June 30, 2020. Further,
County understands and agrees that permitting issues, mobilization difficulties, and lack of
momentum could delay substantial development during the early years, and that the timelines
and phasing schedules (phases and timelines in Exhibit B) are subject to market conditions and
economic cycles beyond control of District or Developer.
6. Until the termination date of the proposed Town of Ave Maria DR! Development
Order on June 30, 2020, and provided that the University is constructed in substantiaJ conformity
with the proposed DRI Development Order, County will reserve to the District sufficient
capacity on Collier County's road public facilities to complete the buildout of the Town of Ave
Maria. It is understood that the Town of Ave Maria will be built in phases. As each final local
development order is issued for each phase, a certificate of public facility adequacy will be
issued, and transportation impact fees paid, in the manner then set forth in the Collier County
Land Development Code, and the reservation of such capacity to the District of road public
facilities will be reduced by a like amount. Each time a finaJ locaJ development order is sought
for a project within the District, County may request that the District provide the County with
written assurance that such final local development order sought conforms to the Final
Development Order.
7. Following the seventh anniversary date of approvaJ of the final DR! Development
Order, County shall conduct a review of peIfonnance under this Agreement to detennine
whether or not there has been demonstrated good faith compliance with the tenns of this
Agreement and that the project is proceeding in a timely manner to buildout. If the Collier
County Board of Commissioners finds, after consultation with the District, on the basis of
substantial competent evidence, that there has been a failure to comply with the tenns of this
Agreement, or that the construction of the Town of Ave Maria is not proceeding in a
substantial1y timely manner to buildout, the Agreement may be modified or terminated by
agreement of the parties. The term substantiaJly timely manner, as used herein, shall mean that
development is proceeding in a manner that buildout of the amount of development authorized
by the DRI Development Order could rationaJly be expected on or before the termination date of
the DRI on June 30, 2020. Upon termination of this Agreement, any unused capacity reserved
4
Agenda Item NO.1 OD
April 26, 2005
Page 10 of 46
for public facilities will be released, and made available for other development in the area, with
future development of the Town of Ave Maria on an equal footing with all other development as
to compliance with the County's concurrency requirements.
8. If the Collier County Board of Commissioners finds that good faith compliance
with the tenns of this Agreement has been demonstrated, and that the construction of the Town
of Ave Maria is proceeding in a substantially timely manner to buildout, then the County shall
continue to reserve the remaining unused capacity through buildout of the construction of the
Town of Ave Maria, to be utilized in the same manner as described in paragraph 7 above.
9. This Agreement does not create or contain any vested rights for the District or the
Developer. This Agreement is personal to the District, and may not be assigned, either in whole
or in part. The District's sole obligation pursuant to this Agreement is to give County written
assurance when requested that any final local development order sought is within the final
approved DRI Development Order.
10. In the event state or federal laws are enacted after the execution of this
Agreement, which are applicable to and preclude in whole or in part the parties' compliance with
the tenns of this Agreement, then in such event this Agreement shall be modified or revoked as
is necessary to comply with such laws, in a manner which best reflects the intent of this
Agreement.
11. The duration of this Agreement shall be for so long as the District, or its
successor-in-function, is functional and/or in existence. Otherwise, this Agreement shall only be
amended or terminated by the parties hereto upon mutual written agreement.
12. This Agreement shall be recorded by the County in the Official Records of Collier
County, Florida, within fourteen (14) days after the County enters into this Agreement. District
shall pay all costs of recording this Agreement. A copy of the recorded document will be
provided to District within 15 days of recordation.
13. This Agreement shall not be construed or characterized as a development
agreement under the Florida Government Development Agreement Act.
14. The parties specifically acknowledge that the Collier County Subdivision
Regulations, the Collier County Building Codes, the Collier County Land Development Code, all
as amended, and their successors-in-function, are "governmental, planning, environmental and
land development regulation," and will be so recognized in light of any future analysis of
Chapter 2004-461, Laws of Florida (2004).
15. The parties confirm, agree and acknowledge that the Town of Ave Maria's SRA
Development Document and Collier County's Growth Management Plan, Land Development
and Building Codes, all as amended, and their successors and function, will and shall control
development within the District in accordance with the provisions of Chapter 2004461, Laws of
Florida (2004).
5
Agenda Item No. 100
April 26, 2005
Page 11 of 46
16. District acknowledges that the failure of this Agreement to address any permit,
condition, term or restriction shall not relieve either the applicant or owner, or their successors or
assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said
permitting requirements, conditions, tenns or restrictions.
17. In the event of a dispute under this Agreement, the parties shall first use the
County's then-current Alternative Dispute Resolution Procedure. Following the conclusion of
this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier
County to enforce the terms of this Agreement, said remedy being cumulative with any and all
other remedies available to the parties for the enforcement of this Agreement.
18. This Agreement shall be governed by and construed in accordance with the laws
of the State of Florida. The parties intend that the terms, and conditions and provisions of this
Agreement and any addenda to it may only be amended or modified in writing, executed duly
and validly by the parties in a timely and reasonable manner. Any waiver at any time by either
party hereto of its rights with respect to any matter arising in connection with the Agreement
shall not be considered a waiver of such rights or matters by either party at any subsequent time.
This Agreement shall take effect on the date above written and shall continue in effect until the
parties mutually determine that it is no longer needed or until termination pursuant to the tenns
hereof.
19. This Agreement and the commitments herein shall become effective when the
DRI Development Order, SRA designation for the Town of Ave Maria and ACOE pennit for the
Town of Ave Maria become final and effective. If the Town of Ave Maria DRI or SRA do not
become final, or the ACOE permit for the Town of Ave Maria is not received and become
effective before December 31, 2006, this Agreement and all obligations hereunder shall be null
and void.
20. Under Section 163.01(6)(7), FS, the parties agree that administration of this
Agreement, including any implementing and practical procedures, shall be effected jointly by the
County Manager or his designee and the District Manager of his designee with periodic reports
to both boards. Written notice if and when appropriate shall be given to the parties at the
following addresses or such other person or place as each party shall designate by similar notice.
As to the District:
Peter L. Pimentel, District Manager
Special District Services, Inc.
11000 Prosperity Farms Road, Suite 104
Palm Beach Gardens, Florida 33410
As to the County:
James V. Mudd
Collier County Manager
3301 East Tamiami Trail
Naples, Florida 34112
(Remainder of Page Left Intentionally Blank)
6
'~'-""""__".""~'_'.".
Agenda Item NO.1 00
April 26, 2005
Page 12 of 46
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials. as of the date first above written.
Attest:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COlliER COUNfY, FLORIDA,
, Deputy Clerk
By:
FRED W. COYLE, Chairman
By:
Attest:
A VB MARIA STEWARDSHIP COMMUNITY
DISTRICT
By:
Chainnan of the Board of Supervisors
Assistant District Secretary
Approved as to fonn and legal sufficiency:
Approved as to form and legal sufficiency
Jeffrey A. Klatzkow
Assistant County Attorney
District Counsel
7
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Agenda Item No. 100
April 26, 2005
Page 14 of 46
Phase Ph...
On. Sub Two Sub
Toml Toml
Measurement (2006 . (2012· Fln.1
Land Us. Description Units 2011) 2016) Total
Residential Dwelling Units 6,010 4,990 11,000
Assisted Living FacilitJes Beds 0 450 450
Retail, Entertainment. Service Square Feet 367,900 322,100 690,000
Professional Office (General/Medical/Financial, etc.) Square Feet 276,600 233,400 510,000
Civic/Community/Miscellaneous (1) Square Feet 115,500 33,000 148,500
Medical Facilities Square Feet 15,000 20,000 35,000
Hotel Rooms 110 280 400
University Students 3,150 2,850 6,000
K-12 Schools (Private and Public) (2) Students 1,120 1,980 3,100
Table 21·1
Development Parameters
E)<~,~~ \. f./'
- --- -
Agenda Item No. 10D
April 26, 2005
Page 15 of 46
DEVELOPER CONTRIBUTION AGREEMENT
AVE MARIA
THIS DEVELOPER CONTRIBUTION AGREEMENT ("Agreement") is made and
entered into this day of April, 2005, by and between AVE MARIA DEVELOPMENT,
LLLP, a limited liability Florida Limited Partnership, formerly known as New Town
Development, LLLP ("Developer") whose address is 2600 Golden Gate Parkway, Naples,
Florida 34105, and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, ("County"). All
capitalized terms not defined herein shall have the same meaning as set forth in the Collier
County Consolidated Impact Fee Ordinance, Ordinance No. 2001-13, as amended.
R E C I TAL S:
WHEREAS, the Ave Maria Stewardship Community District ("District") was created and
established on Apri] 23, 2004, by Act passed by the House of Representatives House Bill 1625,
effective June ] 7, 2004; and
WHEREAS, within the boundaries of the District, Barron Collier Company has made
available approximately 905 acres to the Ave Maria University, Inc. for the institution and
operation of a private university known as Ave Maria University with a full slate of
undergraduate, graduate, and professional programs with related cultural, recreational, and other
activities, benefits and programs for providing teaching, research, and public services to
southwest Florida, the State of Florida, and the Nation; and
WHEREAS, as set forth in the February 2005 Recommendations of the Southwest
Florida Regional Planning Council Development of Regional Impact Assessment for the ''Town
of Ave Maria," DRI #07-0304-]67, there is to be created the 4,995-acre Town of Ave Maria, to
be located just north of Oil Well Road and adjacent to Camp Keais, which proposed Town at
buildout will include 11,000 residential units, 690,000 gross square feet ofretaillservice, 510,000
square feet of office, 400 hotel rooms, a 6,OOO-student university, 450 units of assisted living
facilities, 148,500 square feet of civic, community and miscellaneous facilities, 35,000 square
feet of medical facilities, a public K-8 school and a K-12 private school, with a proposed
buildout to be completed in two 5-year phases with construction anticipated to commence in
2006, and continue through 2016; and
WHEREAS, for this development to proceed, substantial road improvements are
required, including the urban four laning of Oil Well Road, with provision for future six laning,
between Irnmokalee Road and Camp Keais Road (the "Project"); and
WHEREAS, to accelerate these improvements and to facilitate the future four laning of
Camp Keais Road to Immokalee Road, and Immokalee Road north of Camp Keais into the urban
area of Immokalee, Developer has agreed: (1) to donate certain right-of-way and other
consideration; (2) to fund the cost of designing and pennitting the section of Oil Well Road :trom
Irnmokalee Road to Camp Keais Road in exchange for impact fee credits; and (3) to provide fill
to the County at its cost, all of which will be of significant benefit to the County's transportation
network; and
Page10f8
Agenda Item No. 100
April 26. 2005
Page 16 of 46
WHEREAS, in addition to the donation of right-of-way and impact fee credits resulting
from the advancement of design and construction of an Oil Well Road segment, the developer
will be paying in excess of Sixty Million ($60,000,000) dollars in road impact fees to pay for the
construction of the additional capacity being provided by the widening of Oil Well Road and
other roadways within the area; and
WHEREAS, the Town of Ave Maria will be the first implementation of the Rural Lands
Stewardship Area (RLSA) program, a program which implements the provisions of Chapter 163-
3177(11)(d) Florida Statutes (2004); the RLSA program being an innovative and incentive based
program for planning, protection of natural resources, and development in the rural area of
Collier County, and
WHEREAS, the "RLSA" program has significant public benefits for Collier County and
the Immokalee area; and
WHEREAS, the Immokalee area and its economic development will greatly benefit from
the proposed road improvements to Oil Well Road, Camp Keais Road, and Immokalee Road
contemplated hereby;
-=J-=-~=--
I
i
WHEREAS, the Transportation Administrator has recommended to the Board of County
Commissioners that the plan for donation as set forth in this Agreement ("Proposed Plan") is in
confoiriiity_\!Ltþ~coii1;erDi>rated--fu1"p!º,,~ents and additions to the County's transportation
network and that it will be advantageous_ to the public for Developer to donate and contribute the
right-of-way described herein; and
WHEREAS, after reasoned consideration by the Board of Commissioners, the Board has
authorized the County Attorney to prepare this Agreement upon the Board finding that:
a.
--
Tbesubject Proposed Plan~is in confonnity with the contemplated improvements
- --aIld ¡,¡ddittons to tile Ǻ1IDD'~ transportation system;
----
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b. __ ~1l~þ~prop9sºc!]>1~vi~w~ct in conjunction with other existing or proposed plans,
including those £Tom other developers, will not adversely impact the cash flow or
- liq1lidity of the Co1inty'sroad impact fee trust accounts in such a way as to
frustrate or interfere with other planned or ongoing growth necessitated capital
improvements and additions to the County's transportation system;
c. The Proposed Plan is consistent with both the public interest and with the
County's existing Comprehensive Plan;
d. Except for the right-of-way donation for which impact fee credits are waived, the
proposed time schedule for completion of the Proposed Plan is consistent with the
most recently adopted five-year capital improvement program for the County's
transportation system and park system; and
WHEREAS, Developer has paid the Two Thousand Five Hundred Dollars ($2,500.00)
application fee for this Agreement:
Page 2 of8
Agenda Item No. 100
April 26, 2005
Page 17 of 46
WIT N E SSE T H:
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration exchanged amongst the parties, and in consideration of the covenants
contained above and herein, and the fact that all of the above recitals are true and correct and
shall be fully incorporated herein and form part of the basis for this Agreement, the parties agree
as follows:
1. Within 90 days from the effective date of this Agreement, Developer will convey
the right-of-way legally described and graphically depicted in Composite Exhibit "A" ("Donated
Land") to the County for the widening of the road segments. This conveyance shall be at no cost
to the County. The Donated Land will be sufficient to provide a two hundred (200') foot wide
corridor for said road segments and will allow reconfiguration of the intersection of the Camp
Keais and Immokalee Roads. Developer shall convey the Donated Land to the County in fee
simple, free and clear of all liens and encwnbrances, by statutory wammty deed, the form of
which is attached hereto as Exhibit "B". The County will be responsible for paying the costs of
any title work and searches, and Developer shall be responsible at all costs for promptly
removing or curing any liens, encumbrances or deficiencies revealed in any title work.
Developer will promptly provide the Office of the County Attorney with an executed deed,
suitable for recording. Upon receipt, the County shall record the deed in the Public Records of
the County. The Developer shall assume all costs associated with the recordation of the deeds.
Once Camp Keais Road between Immokalee Road and Oil Well Road has been improved and the
intersection of Camp Keais Road and Immokalee Road reconfigured in six lane configuration,
County agrees to abandon any existing right-of-way of the now existing Camp Keais Road and
Immokalee Road that will not be utilized in the reconfigured Camp Keais Road in the vicinity of
said intersection.
2. The Donated Land encompasses approximately 156 acres, (approximately 13
miles of road frontage) whose purpose includes creating a 200- foot right-of-way along Oil Well
Road, Camp Keais Road and Immokalee Road north of the intersection of Camp Keais Road into
the Immokalee urban area. Developer estimates the estimated CUlTent value of the road segments
right-of-way donation at seven million, eight hundred thousand ($7,800,000) dollars. In addition
to the Donated Land, for the purpose of providing sufficient stonnwater drainage for the portion
of the road segments adjoining the Donated Land, the Developer shall freely provide, at no cost
to the County and without any impact fee credits, (1) at least 3 acres of suitable land per mile of
road, or (2) will accept such stormwater into existing Developer-owned or controlled stormwater
systems, or (3) a proportionate combination of the above at Developer's option. It is estimated
that if the County had to mitigate stormwater for said road adjacent to the Donated Land, it
would be required to acquire approximately 33 acres. Developer estimates the cost savings to the
County of said stormwater mitigation to be approximately $1,500,000. The parties acknowledge
that the conveyance of the Donated Land is characterized as property rights acquired by a
highway or road agency for the improvement of a road within the boundaries of a public right of
way.
3. The Developer shall fully pay for the capital costs of traffic signals at any access
point ftom the Town of Ave Maria on Oil Well or Camp Keaís Roads when deemed wmanted
Page 3 of8
""-''''~'''''-'''''''''^.
Agenda Item NO.1 00
April 26, 2005
Page 18 of 46
by the Collier County Transportation Department. The signals win be owned, operated and
maintained by Collier County.
4. The parties acknowledge that the land donation made pursuant to this Developer
Contribution Agreement is an integral part of and a necessary accommodation to the Collier
County transportation network.
5. The Developer has agreed not to receive impact fee credits from its donation of
the Donated Land, but is utilizing the donation, as well as the stonnwater accommodation, the
Fill and Design and Permitting as a pipelining effort to mitigate the impacts of the Town of Ave
Maria on the transportation network impacted by the Town of Ave Maria, together with the other
commitments herein.
6. Prior to providing the executed deed, Developer will provide attorneys' opinions
identifying the record owners of the Donated Land, setting forth the authority of the record owner
to enter into this Agreement, and identifying any lien holders having a lien or encumbrance on
the Donated Land. The opinion will specifically describe each of the recorded instruments under
which the record owner holds title, each lien or encumbrance, and cite appropriate recording
information and incorporate by reference a copy of all such referenced instruments. The
attorneys' opinions will also set forth the legal authority of Paul Marinelli to execute this
Agreement on behalf of the Developer.
7. Developer has agreed to provide, at its cost to the County, without any impact fees
credits, sufficient fill for the Project and for the futme urban design four laning of Camp Keais
Road with provision for six laning, ITom Oil Well Road to Immokalee Road, upon the following
terms and conditions. Developer has identified a site adjacent to Oil Well Road that would be an
appropriate site ITom which to obtain the necessary fill for the Project; the site being described
and depicted in Composite Exhibit "C". Developer will file a conditional use application for
earth mining on the site. Once the conditional use application is granted, Developer will provide
fill on the site for reimbursement orits cost. Cost shall include the costs of obtaining conditional
use approval, pennítting, mining, stockpiling and loading of the fill material. Fill for the
improvements to Camp Keais Road will be provided from an expansion of the site identified in
Composite Exhibit "C" or ftom another location fairly proximate to Camp Keais Road, subject to
conditional use approval for either alternative. Developer estimates the cost savings to the
County from this provision is approximately $10 million. This commitment shall expire if the
Town of Ave Maria achieves buildout prior to the.expansion of Camp Keais Road.
8. In order to accelerate the Project, Developer has agreed to pay for the cost of
design and permitting for the Project, which is estimated to be six million ($6,000,000) dollars,
which amounts shall be eligible for transportation impact fees as set forth below. Any mitigation
shall be part of the construction contract and not part of design and pennítting. Developer will
provide County with a set of Design Plans which must meet the County's standard requirements
for design plans. County will be provided with 30/60/90/100% plans for review, and shall have
the right to require public meetings for the 30/60/90% plans. All plans are subject to approval by
the County, which approval shall not be unreasonably withheld or delayed. Upon receipt of the
final Design Plans, County will competitively bid out the Project.
Page 4 of8
Agenda Item No. 10D
April 26, 2005
Page 19 of 46
9. Once the County has received final Design Plans and all necessary pennits
pursuant to paragraph 8 hereof, County agrees to bid and award a contract to construct the Project
as soon as practicable, but within six (6) months, assuming no bid protest and absent force
majeur. The contract shall provide for the Project to be constructed in three phases as set forth
below. The County commits that construction of the First and Second Phase will commence
within a commercially reasonably time after award of the contract.
(a) First Phase - Immokalee Road to Everglades Blvd, more or less
(b) Second Phase - Camp Keais Road to Camp Keais Strand, more or less
(c) Third Phase - completion of the Project
The Developer commits that its road impact fees through 2007 will equal $6,500,000.
After the payment of $6,500,000 of road impact fees, Developer may utilize impact fee credits
for 50% of road impact fees due from that date until all credits are utilized. The County commits
to construct the Third Phase upon sufficient impact fees from the applicable Impact Fee Districts
being available for said construction. All road impact fees from District 5 and adjoining Impact
Fee Districts shall be prioritized for the Project after the necessary funds to complete the existing
Immokalee Road project. The County, in good faith, commits to complete construction of the
Project by 2010, subject to its road impact fee structure remaining substantially intact, receipt of
sufficient road impact fees, and delays caused by matters typically considered to be force majeur.
10. The parties are hopeful of obtaining funds trom the State of Florida to assist with
improvements to the Road Segments, whether in the form of grants or loans trom the State
Inftastructure Bank. Developer agrees to assist County in developing grant and loan applications
and to use all reasonable efforts to obtain State funding to assist in paying for improvements to
the Road Segments.
11. This Agreement shall not be construed or characterized as a development
agreement under the Florida Local Government Development Agreement Act.
12. The credit for the Road Impact Fees identified in this Agreement shall run with
the land identified in Exhibit "0" and shall be reduced by the entire amount of the Impact Fee for
that Public Facility due for each Building Pennit issued thereon until the Development project is
either completed or the credits are exhausted or are no longer available, or have been assigned by
operation of or pursuant to an assignment agreement with the County. The foregoing reduction
in the Impact Fee credit shall be calculated based on the amount of the Impact Fees for that
Public Facility in effect at the time the Building Permit is applied for. The credit shall specify
the specific type of Public Facility Impact Fee to which it shall apply (roads) and shall not apply
to any other type of Public Facility Impact Fee. The burdens of this Agreement shall be binding
upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to
this Agreement.
13. The amount of road impact fee credits to be granted under this Agreement is
approximately SIX MILLION DOLLARS ($6,000,000). Attached hereto as Exhibit "E", in
recognition of the developer contribution herein, is a copy of the Impact Fee Ledger setting forth
Page 5 of8
Agenda Item No. 100
Apríl 26, 2005
Page 20 of 46
the amount of Road Impact Fee Credits granted pursuant to this Agreement, which will be
adjusted based on final costs for design and permitting.
14. Developer acknowledges that the failure of this Agreement to address any permit,
condition, term or restriction shall not relieve either the applicant or owner, or their successors or
assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said
permitting requirements, conditions, terms or restrictions.
15. The terms of this Agreement are intended, along with the payment of all
applicable impact fees, to meet the requirements of Section 9J 2.045, Florida Administrative
Code, including fulfilling the Developer's proportionate share obligation and providing full
mitigation for the Town of Ave Maria impacts on the regional road network. Developer's
commitments herein include ·'Pipelining" the construction of a critical link in the County's road
network; and providing additional cost saving benefits to future road segments impacted by the
Town of Ave Maria. .
16. The pipelining option is an approved form of mitigation which provides for the
aggregation of a project's incremental impacts on a number of roadways, resulting in an
improvement on one (or more) of the impacted roadways. This concept allows for the provision
of roadway capacity, when it might not otherwise be provided. Through pipelining, a roadway
improvement is constructed, building the capacity needed to maintain concurrency. In order to
facilitate the use of the pipelining option that in this case causes a major roadway improvement
to be constructed in advance of the Project's impacts, and in order to ensure a consistent road
impact fee revenue stream, the County is entering into an Interloca1 Agreement with the Ave
Maria Stewardship Community District ("District") whereby the County will reserve to the
District sufficient capacity on the County's road public facilities to complete the buildout of the
Town of Ave Maria.
17. In the event state or federal laws are enacted after the execution of this
Agreement, which are applicable to and preclude in whole or in part the parties' compliance with
the terms of this Agreement, then in such event this Agreement shall be. modified or revoked as is
necessary to comply with such laws, in a manner which best reflects the intent of this Agreement.
18. Except as otherwise provided herein, this Agreement shall only be amended or
cancelled by mutual written consent of the parties hereto or by their successors in interest.
19. This Agreement shall be recorded by the County in the Official Records of Collier
County, Florida, within fourteen (14) days after the County enters into this Agreement.
Developer shall pay all costs of recording this Agreement. A copy of the recorded document will
be provided to Developer upon request.
20. In the event of a dispute under this Agreement, the parties shall first use the
County's then current Alternative Dispute Resolution Procedure. Following the conclusion of
this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier
County to enforce the tenns of this Agreement, said remedy being cumulative with any and all
other remedies available to the parties for the enforcement of this Agreement.
Page 6 of8
Agenda Item No. 100
April 26, 2005
Page 21 of 46
21. Any future reimbursement for excess credits shall come from future receipts by
the County of Road Impact Fees. However, no reimbursement shall be paid until such time as all
development, as defined by the Transportation Administrator at the location that was subject to
the credit has been completed. Suëh reimbursement shall be made over a period of five (5) years
from the completion of the Development.
22. An annual review and audit of perfonnance under this Agreement shall be
performed by the County to detennine whether or not there has been demonstrated good faith
compliance with the terms of this Agreement and to report the credit applied toward payment of
road impact fees and the balance of available unused credit. If the Collier County Board of
Commissioners finds, on the basis of substantial competent evidence, that there has been a failure
to comply with the terms of this Agreement, the Agreement may be revoked or unilaterally
modified by the County.
23. This Agreement and the commitments herein shall become effective when the
DR! Development Order, SRA designation for the Town of Ave Maria and Anny Corps of
Engineers permit for the Town of Ave Maria become final and effective. If the Town of Ave
Maria DRI or SRA do not become final, or the ACOE permit for the Town of Ave Maria is not
received and become effective before December 31, 2006, this Agreement and all obligations
hereunder shall be null and void provided however, that Developer will retain the estimated
$6,000,000 in impact fee credits received in exchange for the Design Plans and Permitting which
impact fee credits may be utilized immediately.
IN WITNESS WHEREOF, the parties hereto have caused this Agreem,ent to be executed
by their appropriate officials, as of the date first above written.
Attest;
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
By;
, Deputy Clerk
By:
FRED W. COYLE, Chairman
WITNESSES:
A VB MARIA DEVELOPMENT, LLLP, a Florida
limited liability limited partnership
By: Bmon Collier Corporation
General Partner
Print Name:
By:
Paul Marinelli
Title: President
Print Name:
Page 7 of8
.. . "
Agenda Item No. 10D
April 26, 2005
Page 22 of 46
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged
, 2005, by Paul Marinelli, as
Development, LLLP. He is [ ] personally known to me, or [
as identification.
before me this_day of
of Ave Maria
] has produced driver's license no.
(SEAL)
NOTARY PUBLIC
Name:
(Type or Print)
My Commission Expires:
Approved as to form and legal sufficiency:
Jeffrey A. Klatzkow, Assistant County Attorney
Page 8 of8
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Agenda Item No. 100
April 26, 2005
Page 23 of 46
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Agenda Item NO.1 00
April 26. 2005
Page 24 of 46
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Agenda Item No. 10D
Aprfil 26, 2005
age 25 of 46
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Agenda Item No. 10D
Ap~iI 26, 2005
Page 26 of 46
,tit ,;PI! II I'ft 2: 46
OIL W[LL ROAD 100' RIGHT ,or WAY
~
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o 71 110 _ ICIO
GlW'HiC SCAlE
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R.O.W. LINE: Ol~ WELL ROAD
E:X/STlNG NORTH
R. O. W. LINE all WELL ROAD
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(,1)
PROJECT NAME:
PARCEL NO(8):
PAAENTTRACT FooO NO.
Agenda Item No. 100
April 26, 2005
Page 27 of 46
WARRANTY DEED
THIS WARRANTY DEED made this _ day of ,
2o_, by, (hereinafter referred to as "Grantor"), whoae post office box la [ADDRESS)
to COLUER COUNTY, a political subdivision or the State of Florida, Ita successors and
assigns, whose post office address's 3301 Tamlaml Trail East, Naples, Florida, 34112
(hereinafter referred to as -Grantee;.
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this
Instrument and their respective helr8, legal representatives, 8UccesSOrs and assigns.)
WITNESSETH: That the Grantor, for and in consideration of the 8um of Ten
Dollars ($10.00) and other valuable oooalderatlon, receipt whereof 18 hereby
acknowledged, hereby grants, bargains, sells, aliena, remises, release8, conveyø and
confirms unto the Grantee, all that certain land situate In Collier County, Florida, to wit:
See Attached Exhlbll"A" which lalnoorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
Thl8 Is NOT the Homestead property of the Grantor.
TOGETHER with all the tenements, hereditaments and appurtenan088 thereto
belongIng or in anywise appertaining.
TO HAVE AND TO HOLD the same In fee simple forever.
AND the Grantor hereby covenants with aald Grantee that the Grantor Is lawfully
seized of Hid land In fee simple; that tt\e Grantor has good right and lawful authority to
sell and convey said land: that the Grantor hereby fully warrants the title to said land
and will defend the same against the lawful claims of all persons whomsoever; and Ö1at
said land is free of atl encumbrances except as noted above.
IN WITNESS WHEREOF, the said Grantor has signed and sealed these
presents the day and year first above written.
WITNESSES:
By:
[GRANTOR NAME)
(Signature)
(Print Full Name)
(Signature)
(Print Full Name)
. Q,th,i ~ \! h
'~-","",-'......"...,"."...-.'- >'.--"-.. -,._.,~- -
Agenda Item No.1 00
April 26, 2005
Page 28 of 46
---¡
I
STATE OF FLORIDA
COUNTY OF COLLIEA
The foregoing Instrument was acknowledged before me this _ day of
20_. by [GRANTOR), who:
is personally known to me
OR
has produced
as proof of Identity.
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
NOTARV PUBLIC
Serial! Commission It (if any):
My Commission Expires:
WITNESSES:
By:
[GRANTOR NAME]
(Signature)
(Pr1nt Full Name)
(Signature)
(PrInt Fun Name)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Instrument was acknowledged before me this _ day of
, 20_, by [GRANTOR], who:
Is personally known to me
OR
has produced
as proof of Identity.
(affix notarial 8eal)
(Signature of Notary Public)
(Print Name of Notary Public)
NOTARV PUBLIC
Serial! Commlsalon It (If any}:
My Commission Expires:
WARRANTY DEED
Agenda Item No.1 00
April 26, 2005
Page 29 of 46
Exhibit ,,'"
SKETCH & DESCRIPTION
FOR THE
AVE MARIA DR! LANDS
.""~,,-.._,,_.""-""""~-
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NfwDlrrctiøn' InP/ltlNng,·D.¡gd,~
". :' :".: ',...·;:}~':,:·.:::·{/:~;r>\?:·;,':-,:..'-,:~>.:,~~.~:f.;:~ '7:·~.:.
.AgendªltemNò.,101D. '.'~,
. 'AþríJ 25,2005
Page 30 öf46
- ,Q.:ru. 'LANDS
DESCRIPTION OF PART OF SECTIONS 4 THRoUGH EI AND SECTJQNS16TtlRQtjGH lEi,
TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND PARt' OF SECTIONS 31 THROUGH 33, TOWNSfUP
47 SOUTH, RANGE 29 EASt, COlLIER COUNTY, FLORIOA
ALL THAT PART OF SECTIONS 4 THROUGH 9 AND SECTIONS 16 THROUGH 18, TOWNSHIP 48
SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 31 THROUGH 33, TOWNSHIP 47 SQUTH,
RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 16:
THENCE NORTH 01"04'07" WEST 150.00 FEET TO A POINT ON A LINE LYING 100 FEET NORTH OF
AND PARALLEL WITH THE NORTH RIGHT-OF-WAY LINE OF OIL WELL ROAD (100 FOOT RIGHT-
OF-WAY) SAID POINT BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED:
THENCE ALONG SAID LINE SOUTH 88"57'06" WEST 354.33 FEET;
THENCE LEAVING SAID LINE NORTH 01"07'23" WEST 200.01 FEET TO A POINT ON A LINE LYING
300 FEET NORTH OF AND PARALLEL WITH THE NORTH RIGHT-OF-WAY LINE OF SAID OIL WELL
ROAD;
THENCE ALONG SAID LINE SOUTH 88"57'05" WEST 2,215.48 FEET;
THENCE CONTINUING ALONG SAID LINE SOUTH 88"55'37" WEST 1,128.15 FEET;
THENCE CONTINUING ALONG SAID LINE SOUTH 89"32'56" WEST 1286.63FEET;
THENCE LEAVING SAID LINE NORTH 00"27'04" WEST 1,089,55 FEET;
THENCE SOUTH 89"32'56" WEST 242.19 FEET;
THENCE SOUTH 89"24'19" WEST 3977.40 FEET;
THENCE NORTH 00"01'40" EAST 1280.68 FEET;
THENCE NORTH 90"00'00" EAST 1125.68 FEET;
THENCE NORTH 00"19'38" WEST 520.46 FEET;
THENCE NORTH 09"27'58" EAST 38.31 FEET;
THENCE NORTH 14°56'15" EAST 32.59 FEET;
THENCE NORTH 59°02'49" EAST 24.49 FEET;
THENCE NORTH 68"12'25" EAST 33.93 FEET;
THENCE NORTH 73°08'54" EAST 72.42 FEET;
THENCE NORTH 69°14'09" EAST 65.14 FEET;
THENCE NORTH 61"11'58" EAST 47.93 FEET;
THENCE NORTH 56"44'10" EAST 60.38 FEET;
THENCE NORTH 54°18'17" EAST 82.75 FEET;
THENCE NORTH 51°34'19" EAST 552.31 FEET;
THENCE NORTH 12°32'03" EAST 52.12 FEET;
THENCE NORTH 16"41'34" WEST 780.99 FEET;
THENCE NORTH 38°40'18" WEST 48.27 FEET;
THENCE NORTH 55°58'45" WEST 175.13 FEET;
THENCE NORTH 78°14'12" WEST 46.21 FEET;
THENCE SOUTH 86°41'17" WEST 358.77 FEET;
THENCE NORTH 43°16'35" WEST 44.00 FEET;
THENCE NORTH 01°28'53" WEST 584.34 FEET;
THENCE NORTH 88"45'30" EAST 2,256.99 FEET;
THENCE NORTH 11°31 '40" WEST 679.82 FEET;
THENCE NORTH 29°57'19" EAST 43.24 FEET;
THENCE NORTH 80°03'11" EAST 750.96 FEET;
THENCE NORTH 82°05'14" EAST 23.32 FEET;
THENCE NORTH 08"45'48" WEST 831.15 FEET;
THENCE 82.76 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE
SOUTHEAST HAVING A RADIUS OF 128.55 FEET THROUGH A CENTRAL ANGLE OF 36"53'11" AND
BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 23"30'23" EAST 81.34 FEET TO A POINT
OF REVERSE CURVATURE;
THENCE 149.95 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE WEST, HAVING A
RADIUS OF 215.80 FEET THROUGH A CENTRAL ANGLE OF 39°48'43" SUBTENDED BY A CHORD
WHICH BEARS NORTH 22"02'37" EAST 146.95 FEET;
THENCE NORTH 02°08'16" EAST 434.86 FEET;
THENCE NORTH 38°40'13" EAST 124.61 FEET;
THENCE NORTH 23°55'58" EAST 503.82 FEET;
THENCE NORTH 89°19'06" EAST 272.53 FEET;
THENCE NORTH 81°10'42" EAST 718.98 FEET;
Olllu. .lr.'.øle.II, loe.,.d to ..rllø our ellønl. 8DD.'4'.4336
NøpIU/'CIH'pD,.,. Ofllt:tl 3200 Ba/ley Lane, SUite 200 . NBp/øs, FlorIda 34105 . 239.649.4040 . Fax 239.643.5116
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Agenda Item No. 100
April 26, 2005
Page 31 of 46
DESCRIPTION OF PART OF SECTION .4 THROUGH 9, 18 AND 17, TOWNSHIP .48 SOVTH, RANGE 29 EAST, AND
PART OF SECTIONS 30 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTION 36,
TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA
EXHIBIT "A" - D.R.I. LANDS (CONTINUED):
THENCE NORTH 09-56'39" EAST 638.73 FEET;
THENCE NORTH 73°36'58" EAST 172.46 FEET;
THENCE NORTH 10"53'22" EAST 171.73 FEET;
THENCE 327.51 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE
SOUTHWEST HAVING A RADIUS OF 275.44 FEET THROUGH A CENTRAL ANGLE OF 68"07'37" AND
BEING SUBTENOEO BY A CHORD WHICH BEARS NORTH 39"53'30" WEST 308.GO FEET;
THENCE NORTH 73°57'24" WEST 492.85 FEET;
THENCE 313.21 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE
SOUTH HAVING A RADIUS OF 331.73 FEET THROUGH A CENTRAL ANGLE OF 54°05'52" AND
BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 90°00'00. WEST 301.71 FEET;
THENCE SOUTH 62°57'04" WEST 506.32 FEET;
THENCE 155.39 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE
SOUTHEAST HAVING A RADIUS OF 107.24 FEET THROUGH A CENTRAL ANGLE OF 83"01'31" AND
BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 27"09'30" WEST 142.15 FEET;
THENCE SOUTH 14"21'16" EAST 287.88 FEET:
THENCE 341.14 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE
NORTHWEST HAVING A RADIUS OF 168.89 FEET THROUGH A CENTRAL ANGLE OF 115"44'01°
AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 29"11'23° WEST 286.03 FEET;
THENCE SOUTH 87°03'24" WEST 81.50 FEET;
THENCE SOUTH 19"06'00" WEST 178.46 FEET;
THENCE SOUTH 73°34'35" WEST 263.81 FEET;
THENCE SOUTH 33°42'00" WEST 81.86 FEET;
THENCE SOUTH 51°52'05" WEST 1,402.28 FEET;
THENCE 219.21 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE
SOUTHEAST HAVING A RADIUS OF 151.50 FEET THROUGH A CENTRAL ANGLE OF 82°54'07" AND
BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 22°50'28" WEST 200.58 FEET;
THENCE SOUTH 18"36'35" EAST 1,047.10 FEET;
THENCE 196.86 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE
NORTHEAST HAVING A RADIUS OF 170.73 FEET THROUGH A CENTRAL ANGLE OF 66°04'00" AND
BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 48°32'34" EAST 186.14 FEET;
THENCE SOUTH 81°34'34" EAST 177.10 FEET;
THENCE SOUTH 14°02'28" EAST 106.97 FEET;
THENCE SOUTH 15°53'24" WEST 33.42 FEET;
THENCE SOUTH 72"18'08" WEST 1325.01 FEET;
THENCE NORTH 16"22'40" WEST 868.64 FEET;
THENCE NORTH 16°02'21" WEST 1,001.63 FEET;
THENCE NORTH 15°43'23" WEST 808.63 FEET;
THENCE NORTH 14"29'42" WEST 215.30 FEET:
THENCE NORTH 02°51'21" WEST 51.77 FEET;
THENCE NORTH 37°59'19" EAST 51.77 FEET:
THENCE NORTH 58"24'39" EAST 660.90 FEET;
THENCE NORTH 56°56'25" EAST 865.77 FEET;
THENCE NORTH 62"27'21" EAST 303.89 FEET;
THENCE NORTH 58"11'43" EAST 148.88 FEET;
THENCE NORTH 66°27'20" EAST 99.67 FEET;
THENCE NORTH 79"59'44" EAST 60.67 FEET;
THENCE NORTH 18"39'40" EAST 212.96 FEET;
THENCE NORTH 13°26'09" EAST 80.67 FEET;
THENCE NORTH 04"05'14" EAST 65.75 FEET;
THENCE NORTH 00"47'28" EAST 593.12 FEET;
THENCE NORTH 05"29'40" EAST 61.18 FEET;
THENCE NORTH 20·17'22" EAST 57.43 FEET;
THENCE NORTH 51"55'17" EAST 55.07 FEET;
THENCE SOUTH 84"48'27" EAST 51.76 FEET;
THENCE SOUTH 67°53'53" EAST 40.46 FEET;
THENCE SOUTH 53"37'33" EAST 55.29 FEET;
_121'230 Vo< 031- ØSTOCI<HAM
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Agenda Item No. 10D
April 26, 2005
Page 32 of 46
DESCRIPTION OF PART OF SECTION 4 THROUGH 9. 16 AND 17. TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND
PART OF SECTIONS 3( THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTION 36.
TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA
EXHIBIT "A- - D.R.I. LANDS (CONTINUED):
THENCE SOUTH 55°373r EAST 158.19 FEET;
THENCE SOUTH 66°28'32" EAST 79.22 FEET;
THENCE SOUTH 81°19'48" EAST 69.92 FEET;
THENCE NORTH 80°53'08" EAST 96.10 FEET;
THENCE NORTH 83°09'35" EAST 88.49 FEET;
THENCE SOUTH 7~0~'O8" EAST 57.96 FeET;
THENCE SOUTH 45°44'09" EAST 65.43 FEET;
THENCE SOUTH 23°12'23" EAST 107.03 FEET;
THENCE SOUTH 31°09'29" EAST 124.53 FEET;
THENCE SOUTH 36°28'03" EAST 195.13 FEET;
THENCE SOUTH 41°49'01" EAST 193.27 FEET;
THENCE SOUTH 41°27'5r EAST 187.53 FEET;
THENCE SOUTH 50°06'28" EAST 177.12 FEET;
THENCE NORTH 86"06'03" EAST 103.33 FEET;
THENCE NORTH 82°0711" EAST 76.87 FEET;
THENCE NORTH 58°49'02" EAST 61.16 FEET;
THENCE NORTH 41°11'10" EAST 266.09 FEET;
THENCE NORTH 43°45'15" EAST 203.61 FEET;
THENCE NORTH 63°26'06" EAST 230.87 FEET;
THENCE NORTH 55°12'54" EAST 17.74 FEET;
THENCE NORTH 06°58'1r WEST 40.07 FEET;
THENCE NORTH 60°20'46" EAST 94.06 FEET;
THENCE NORTH 14°42'46" EAST 42.02 FEET;
THENCE NORTH 52°22'08" EAST 29.10 FEET;
THENCE NORTH 05°13'18" EAST 37.01 FEET;
THENCE NORTH 01°13'16" WEST 185.10 FEET;
THENCE NORTH 08°55'50" WEST 66.36 FEET;
THENCE NORTH 08°35'26" WEST 70.11 FEET;
THENCE NORTH 03°30'28" EAST 24.24 FEET;
THENCE NORTH 09°22'28" EAST 32.62 FEET;
THENCE NORTH 32°03'11" EAST 61.35 FEET;
THENCE NORTH 41°59'52" EAST 54.16 FEET;
THENCE NORTH 46°38'59" EAST 44.15 FEET;
THENCE NORTH 40°19'34" EAST 80.40 FEET;
THENCE NORTH 39°30'46" EAST 42.43 FEET;
THENCE NORTH 52°07'39" EAST 71.16 FEET;
THENCE NORTH 60°17'11" EAST 55.95 FEET;
THENCE NORTH 68°43'34" EAST 63.02 FEET;
THENCE NORTH 86°12'19" EAST 41.51 FEET;
THENCE SOUTH 75°32'58" EAST 74.98 FEET;
THENCE NORTH 78°55'50" EAST 42.97 FEET;
THENCE NORTH 69°31 'or EAST 36.80 FEET;
THENCE NORTH 75°37'20" EAST 34.34 FEET;
THENCE SOUTH 72°08'39" EAST 57.43 FEET;
THENCE SOUTH 56°52'50" EAST 70.22 FEET;
THENCE SOUTH 56°52'18" EAST 99.31 FEET;
THENCE SOUTH 70°35'59" EAST 56.76 FEET;
THENCE SOUTH 85°12'15" EAST 70.23 FEET;
THENCE NORTH 85°47'37" EAST 52.90 FEET;
THENCE NORTH 77°16'18" EAST 51.33 FEET;
THENCE NORTH 64°20'23" EAST 9.49 FEET;
THENCE NORTH 23°58'25" EAST 60.47 FEET;
THENCE NORTH 39°2742" EAST 136.06 FEET;
THENCE NORTH 18°12'03" EAST 123.70 FEET;
THENCE NORTH 16°26'30" WEST 137.54 FEET;
THENCE NORTH 45°55'34" WEST 133.51 FEET;
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Agenda Item No. 100
April 26, 2005
Page 33 of 46
DESCRIPTION OF PART OF SECTION 4 THROUGH 9,16 AND 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND
PART OF SECTIONS 30 THROUGH 33, TOWNSHIP 41 SOUTH, RANGE 29 EAST, AND PART OF SECTION 36,
TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUN1'Y, FLORIDA
EXHIBIT "A" - D.R.I. LANDS (CONTINUED):
THENCE NORTH 84°43'21" WEST 101.26 FEET;
THENCE SOUTH 87"06'63" WEST 376.05 FEET;
THENCE SOUTH 86"31 '55" WEST 296.36 FEET;
THENCE NORTH 02"29'11" WEST 25.06 FEET;
THENCE SOUTH 85°19'00" WEST 63.79 FEET;
THENCE SOUTH 87^01'3S" WEST 57.73 FEET,
THENCE NORTH 85"14'11" WEST 27.05 FEET;
THENCE NORTH 86°11'09" WEST 22.51 FEET;
THENCE NORTH 71°01'47" WEST 25.34 FEET;
THENCE NORTH 74°57'44" WEST 25.97 FEET;
THENCE NORTH 80"42'24" WEST 41.73 FEET;
THENCE NORTH 77°00'19" WEST 49.95 FEET;
THENCE NORTH 78°26'56" WEST 104.70 FEET;
THENCE NORTH 78°45'16" WEST 195.82 FEET;
THENCE NORTH 79"21'51" WEST 81.14 FEET;
THENCE NORTH 76°30'15" WEST 38.50 FEET;
THENCE NORTH 70°33'36" WEST 13.50 FEET;
THENCE NORTH 53°58'21" WEST 10.18 FEET;
THENCE NORTH 53°58'22"WEST 10.18 FEET;
THENCE NORTH 43'09'08" WEST 16.42 FEET;
THENCE NORTH 34"52'31" WEST 30.12 FEET;
THENCE NORTH 37'08'48" WEST 31.00 FEET;
THENCE NORTH 45'00'00" WEST 37.08 FEET;
THENCE NORTH 43"28'45" WEST 29.92 FEET;
THENCE NORTH 52°29'45" WEST 40.59 FEET;
THENCE NORTH 53°28'16" WEST 25.16 FEET;
THENCE NORTH 69'51'49" WEST 23.93 FEET;
THENCE NORTH 72°53'50" WEST 40.74 FEET;
THENCE NORTH 74°38'02"WEST 101.72 FEET;
THENCE NORTH 76'25'14" WEST 79.73 FEET;
THENCE NORTH 73°50'34" WEST 83.41 FEET;
THENCE NORTH 77"16'32" WEST 71.39 FEET;
THENCE NORTH 70"44'15" WEST 32.82 FEET;
THENCE NORTH 75°44'50" WEST 240.26 FEET;
THENCE SOUTH 76'22'29" WEST 54.20 FEET;
THENCE NORTH 75'46'41" WEST 12.81 FEET;
THENCE NORTH 78°06'45" WEST 243.02 FEET;
THENCE SOUTH 87°32'28" WEST 438.43 FEET;
THENCE SOUTH 86°36'21" WEST 1,109.58 FEET;
THENCE NORTH 77"00'11" WEST 142.86 FEET;
THENCE SOUTH 17"30'03" WEST 10.94 FEET;
THENCE SOUTH 21"30'05" EAST 36.63 FEET;
THENCE SOUTH 30°57'50" WEST 6.02 FEET;
THENCE NORTH 73"10'43" WEST 139.18 FEET;
THENCE NORTH 11°46'06" WEST 25.32 FEET;
THENCE NORTH 05°42'38" WEST 20.76 FEET;
THENCE NORTH 04°23'55" WEST 13.47 FEET;
THENCE NORTH 50"11 '40" WEST 8.07 FEET;
THENCE NORTH 83°59'28" WEST 19.73 FEET;
THENCE NORTH 84°57'27" WEST 35.25 FEET;
THENCE NORTH 83°49'48" WEST 38.44 FEET;
THENCE NORTH 80°44'23" WEST 96.27 FEET;
THENCE NORTH 79'48'04" WEST 449.12 FEET;
THENCE NORTH 77°49'57" WEST 284.20 FEET;
THENCE NORTH 83"39'35" WEST 93.52 FEET;
THENCE NORTH 87"39'46" WEST 101.30 FEET;
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Agenda Item No. 100
April 26,2005
Page 34 of 46
DESCRIPTION OF PART OF SECTION 4 THROUGH 9, 16 AND 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND
PART OF SECTIONS 30 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTION 36,
TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA
EXHIBIT "A" - D.R.I. LANDS (CONTINUED):
THENCE NORTH 84"25'40" WEST 85.09 FEET;
THENCE NORTH 77°28'16° WEST 95.22 FEET;
THENCE NORTH 77°23'45" WEST 170.38 FEET;
THENCE NORTH 75°57'50" WEST 76.65 FEET;
THENCE NORTH 69°26'38" WEST 35.30 FEET;
THENCE NORTH 69~46'S1" WEST 41.82 FEET,
THENCE NORTH 48°48'50" WEST 43.91 FEET;
THENCE NORTH 46°14'43" WEST 134.40 FEET;
THENCE NORTH 43°58'24" WEST 611.34 FEET;
THENCE NORTH 45°00'00" WEST 338.85 FEET;
THENCE NORTH 44°41'45" WEST 412.62 FEET;
THENCE NORTH 43"26'06" WEST 267.38 FEET;
THENCE NORTH 46°27'29" WEST 200.89 FEET;
THENCE NORTH 66°02'14" EAST 12.72 FEET;
THENCE NORTH 81°52'12" EAST 18.83 FEET;
THENCE NORTH 03°20'45" EAST 73.83 FEET;
THENCE SOUTH 85°25'42" WEST 6.48 FEET;
THENCE NORTH 90"00'00· WEST 10.84 FEET;
THENCE SOUTH 70°27'48" WEST 16.99 FEET;
THENCE SOUTH 56°18'36" WEST 14.89 FEET;
THENCE SOUTH 75°57'49" WEST 17.03 FEET;
THENCE SOUTH 87°16'25" WEST 10.86 FEET:
THENCE NORTH 59°20'58" WEST 16.21 FEET;
THENCE NORTH 35"32'16" WEST 17.n FEET;
THENCE NORTH 26°33'54" WEST 17.32 FEET;
THENCE NORTH 16°11'21" WEST 16.67 FEET;
THENCE NORTH 01"52'04" WEST 47.53 FEET;
THENCE NORTH 00°05'16" WEST 336.69 FEET;
THENCE NORTH 00°29'38" WEST 299.52 FEET;
THENCE NORTH 00°56'29" WEST 220.01 FEET;
THENCE NORTH 00·52'19" EAST 237.57 FEET;
THENCE NORTH 00°46'52" WEST 113.62 FEET;
THENCE NORTH 00°00'00. EAST 13.43 FEET;
THENCE NORTH 14°02'10" EAST 8.52 FEET;
THENCE NORTH 45°00'00" EAST 5.84 FEET;
THENCE NORTH 71°33'54" EAST 9.80 FEET;
THENCE NORTH 82°24'19" EAST 15.63 FEET;
THENCE SOUTH 89°12'02" EAST 222.07 FEET;
THENCE SOUTH 86°36'31" EAST 69.83 FEET;
THENCE SOUTH 82"38'52" EAST 32.28 FEET;
THENCE SOUTH 70"49'16" EAST 25.15 FEET;
THENCE SOUTH 60°38'32" EAST 18.96 FEET;
THENCE SOUTH 62°44'41" EAST 38.34 FEET;
THENCE SOUTH 73°08'30" EAST 35.61 FEET;
THENCE SOUTH 87°42'34" EAST 25.84 FEET;
THENCE NORTH 86"18'31" EAST 32.08 FEET;
THENCE NORTH 74°58'54" EAST 43.84 FEET;
THENCE NORTH 66°16'18" EAST 51.33 FEET;
THENCE NORTH 56"01'25" EAST 57.29 FEET;
THENCE NORTH 52"34'43" EAST 171.66 FEET;
THENCE NORTH 43°53'54" EAST 75.96 FEET;
THENCE NORTH 36°37'17" EAST 47.61 FEET;
THENCE NORTH 35°48'12" EAST 77.68 FEET;
THENCE NORTH 30"21'29" EAST 83.78 FEET;
THENCE NORTH 22"37'12" EAST 67.13 FEET;
THENCE NORTH 13°36'02" EAST 32.94 FEET;
2/2512005-127230 Vo<: 03 .1ISTOa<HAM
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Agenda Item No.1 00
April 26. 2005
Page 35 of 46
DESCRIPTION OF PART OF SECTION 4 THROUGH 9, 16 AND 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND
PART OF SECTIONS 30 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTION 36,
TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA
EXHIBIT "A" - D.R-I. LANDS (CONTINUED):
THENCE NORTH 14°28'13" EAST 66.13 FEET;
THENCE NORTH 10°57'15" EAST 65.22 FEET;
THENCE NORTH 11°18'36" EAST 21.06 FEET;
THENCE NORTH 16°41'58" EAST 10.78 FEET;
THENCE NORTH 45°00'00" EAST 10.22 FEET;
THENCE NORTH 58"23'33" eAST 15.76 FeET;
THENCE NORTH 64°39'14" EAST 21.71 FEET;
THENCE NORTH 67°47'47" EAST 163.98 FEET;
THENCE NORTH 64°59'39" EAST 161.25 FEET;
THENCE NORTH 66"22'14" EAST 18.04 FEET;
THENCE NORTH 72"53'50" EAST 28.10 FEET;
THENCE NORTH 90°00'00" EAST 14.46 FEET;
THENCE NORTH 88°18'55" EAST 35.13 FEET;
THENCE SOUTH 88°36'10" EAST 42.36 FEET;
THENCE NORTH 90°00'00. EAST 28.92 FEET;
THENCE SOUTH 82°45'47" EAST 16.40 FEET;
THENCE SOUTH 61°55'39" EAST 17.73 FEET;
THENCE NORTH 69°34'35" EAST 118.02 FEET;
THENCE NORTH 81°56'55" EAST 17.06 FEET;
THENCE NORTH 86°43'15" EAST 124.39 FEET;
THENCE NORTH 13°46'19" WEST 328.58 FEET;
THENCE NORTH 70°48'07" EAST 76.21 FEET;
THENCE NORTH 54°29'06" EAST 37.97 FEET;
THENCE NORTH 21°53'45" WEST 54.48 FEET;
THENCE NORTH 70°47'14" EAST 77.55 FEET;
THENCE NORTH 71°02'31" EAST 35.61 FEET;
THENCE NORTH 72°16'21" EAST 131.70 FEET;
THENCE NORTH 72°04'43" EAST 126.98 FEET;
THENCE NORTH 73°13'18" EAST 106.86 FEET;
THENCE NORTH 71°11'17" EAST 74.14 FEET;
THENCE NORTH 68°33'08" EAST 30.93 FEET;
THENCE NORTH 71°33'54" EAST 17.88 FEET;
THENCE NORTH 81°15'14" EAST 13.52 FEET;
THENCE SOUTH 83°05'20" EAST 17.09 FEET;
THENCE SOUTH 47°43'35" EAST 15.29 FEET;
THENCE SOUTH 37°20'58" EAST 24.58 FEET;
THENCE SOUTH 16°38'20" EAST 46.68 FEET;
THENCE SOUTH 24°10'17" EAST 35.78 FEET;
THENCE SOUTH 21°52'45" EAST 70.36 FEET;
THENCE SOUTH 34°33'45" EAST 28.09 FEET;
THENCE SOUTH 47°26'12" EAST 34.20 FEET;
THENCE SOUTH 52°25'53" EAST 8.43 FEET;
THENCE SOUTH 71°33'54" EAST 9.75 FEET;
THENCE SOUTH 85°01'49" EAST 11.87 FEET;
THENCE SOUTH 87°08'15" EAST 20.59 FEET;
THENCE SOUTH 88°25'50" EAST 37.54 FEET;
THENCE NORTH 87°33'48" EAST 48.37 FEET;
THENCE SOUTH 89°35'00" EAST 141.38 FEET;
THENCE NORTH 89"06'34" EAST 99.23 FEET;
THENCE NORTH 84"31'51" EAST 48.55 FEET;
THENCE NORTH 82°20'00" EAST 26.97 FEET;
THENCE NORTH 79°46'40" EAST 31.87 FEET;
THENCE NORTH 76°27'51" EAST 28.56 FEET;
THENCE NORTH 70°23'45" EAST 39.84 FEET;
THENCE NORTH 70°48'11" EAST 134.46 FEET;
THENCE NORTH 70"37'19" EAST 79.02 FEET;
_127230 Vor. 1J3I.1ISTOQ(HAM
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Agenda Item No. 100
April 26. 2005
Page 36 of 46
DESCRIPTION OF PART OF SECTION 4 THROUGH 9, 16 AND 17, TOWNSHIP 48 SOUTH. RANGE 29 EAST, AND
PART OF SECTIONS 30 THROUGH 33. TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTION 36,
TOWNSHIP 47 SOUTH, RANGE 28 EAST. COLLIER COUNTY. FLORIDA
EXHIBIT DAD - D.RI. LANDS (CONTINUED):
THENCE NORTH 00'32'28" EAST 29.70 FEET;
THENCE NORTH 57'49'44" EAST 37.66 FEET;
THENCE NORTH 53'21'57" EAST 74.96 FEET;
THENCE NORTH 54'24'59" EAST 148.87 FEET;
THENCE NORTH 50'50'35" EAST 203.54 FEET;
THENCE NORTH 48°43'53" EAST 33.52 FEET,
THENCE NORTH 32'23'52" EAST 31.67 FEET;
THENCE 334.86 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE
WEST HAVING A RADIUS OF 272.48 FEET THROUGH A CENTRAL ANGLE OF 70°24'48" AND BEING
SUBTENDED BY A CHORD WHICH BEARS NORTH 06'25'03" WEST 314.18 FEET;
THENCE NORTH 41"3727" WEST 133.18 FEET;
THENCE 184.60 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHWEST HAVING
A RADIUS OF 573.36 FEET THROUGH CENTRAL ANGLE OF 18°26'50" AND BEING SUBTENDED BY
A CHORD WHICH BEARS NORTH 50'50'52" WEST 183.80 FEET;
THENCE NORTH 60°04'16" WEST 149.32 FEET;
THENCE 44.34 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE
EAST HAVING A RADIUS OF 29.99 FEET THROUGH A CENTRAL ANGLE OF 84°41'3r AND BEING
SUBTENDED BY A CHORD WHICH BEARS NORTH 17'43'30" WEST 40.41 FEET;
THENCE NORTH 24°37'19" EAST 671.69 FEET;
THENCE NORTH 23°58'3r EAST 211.35 FEET;
THENCE NORTH 27°45'05" EAST 100.63 FEET;
THENCE NORTH 34°51'48" EAST 129.90 FEET;
THENCE NORTH 36°14'23" EAST 119.58 FEET;
THENCE NORTH 39'15'14" EAST 61.92 FEET;
THENCE NORTH 30'37'48" EP.ST 96.80 FEET;
THENCE NORTH 31°09'42" EAST 136.09 FEET;
THENCE NORTH 31"57'25" EAST 103.02 FEET;
THENCE NORTH 32"39'03" EAST 134.08 FEET;
THENCE NORTH 28°32'24" EAST 53.34 FEET;
THENCE NORTH 31°15'49" EAST 35.90 FEET;
THENCE NORTH 36'52'12" EAST 24.66 FEET;
THENCE NORTH 53'49'13" EAST 22.74 FEET;
THENCE NORTH 59°30'01" EAST 46.43 FEET;
THENCE NORTH 58"16'35" EAST 70.87 FEET;
THENCE NORTH 46'49'06" EAST 48.85 FEET:
THENCE NORTH 34'36'20" EAST 66.58 FEET;
THENCE NORTH 36°23'58" EAST 266.89 FEET:
THENCE NORTH 35'28'00" EAST 51.47 FEET;
THENCE NORTH 24'13'40" EAST 48.08 FEET;
THENCE NORTH 20°29'50" EAST 62.60 FEET;
THENCE NORTH 17°32'36" EAST 44.54 FEET;
THENCE NORTH 11°02'07" EAST 134.56 FEET:
THENCE NORTH 09°20'41" EAST 65.81 FEET;
THENCE NORTH 08°49'13" EAST 32.16 FEET;
THENCE NORTH 02'07'16" WEST 14.81 FEET;
THENCE NORTH 19°58'59" WEST 12.83 FEET;
THENCE NORTH 29°55'53" WEST 20.87 FEET;
THENCE NORTH 45'00'00" WEST 56.96 FEET;
THENCE NORTH 48'51'56" WEST 57.48 FEET;
THENCE NORTH 42°38'48" WEST 28.31 FEET;
THENCE NORTH 38°47'48" WEST 35.86 FEET:
THENCE NORTH 43'25'04" WEST 39.03 FEET;
THENCE NORTH 36°22'11" EAST 30.93 FEET;
THENCE NORTH 23°54'19" EAST 139.67 FEET;
THENCE SOUTH 66'53'26" EAST 241.46 FEET;
THENCE SOUTH 64"45'28" EAST 263.29 FEET;
2J2!5I2OQ5.. 127230 Vet: 03I-1ISTOCKHAM
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Agenda Item No.1 00
April 26, 2005
Page 37 of 46
DESCRIPTION OF PART OF SECTION 4 THROUGH 9, 16 AND 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND
PART OF SECTIONS 30 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST. AND PART OF SECTION 36,
TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA
EXHIBIT "A" - D.R.I. LANDS (CONTINUED):
THENCE SOUTH 71"18'47" EAST 57.07 FEET;
THENCE SOUTH 85"07'33" EAST 50.51 FEET:
THENCE NORTH 81"05'07" EAST 75.18 FEET;
THENCE NORTH 81"43'21" EAST 63.88 FEET;
THENCE NORTH 84"57'08" EAST 36.24 FEET;
THENCE SOUTH 88"2ð'39" EASTð3.81 FEET;
THENCE SOUTH 81"31'21" EAST 262.28 FEET;
THENCE SOUTH 88"08'03" EAST 273.99 FEET;
THENCE NORTH 80°58'13" EAST 327.79 FEET;
THENCE NORTH 67"50'56" EAST 252.22 FEET;
THENCE NORTH 81°02'01" EAST 819.65 FEET;
THENCE NORTH 81"42'41" EAST 310.84 FEET;
THENCE SOUTH 65"34'43" EAST 80.72 FEET;
THENCE NORTH 89"5Q'4r EAST 219.16 FEET;
THENCE NORTH 82"42'28" EAST 41.19 FEET:
THENCE NORTH 58"02'38" EAST 138.72 FEET;
THENCE NORTH 41"09'18" EAST 91.38 FEET;
THENCE NORTH 73"57'36" EAST 83.05 FEET;
THENCE NORTH 84"51'58" EAST 305.34 FEET;
THENCE NORTH 86"38'43" EAST 343.90 FEET;
THENCE NORTH 87"28'42" EAST 503.72 FEET;
THENCE NORTH 88"46'01" EAST 328.07 FEET;
THENCE NORTH 37"30'20" EAST 357.69 FEET;
THENCE NORTH 15"32'08" EAST 149.51 FEET;
THENCE NORTH 86"55'36" EAST 261.44 FEET;
THENCE NORTH 72"53'31" EAST 576.59 FEET;
THENCE NORTH 50"45'14" EAST 202.55 FEET;
THENCE NORTH 87°14'14" EAST 314.60 FEET;
THENCE SOUTH 76"38'32" EAST 143.08 FEET;
THENCE NORTH 89"49'43" EAST 1,054.71 FEET;
THENCE SOUTH 75"20'32" EAST 42.85 FEET:
THENCE SOUTH 41°43'41" EAST 38.04 FEET;
THENCE SOUTH 59°44'48" EAST 101.86 FEET;
THENCE SOUTH 82"56'38" EAST 71.89 FEET;
THENCE NORTH 76"31'2r EAST 68.87 FEET;
THENCE NORTH 60"32'45" EAST 175.39 FEET;
THENCE NORTH 78"18'10" EAST 41.23 FEET;
THENCE NORTH 89°28'30" EAST 480.22 FEET;
THENCE NORTH 82"52'5r EAST 82.50 FEET;
THENCE NORTH 59°26'48" EAST 47.53 FEET;
THENCE NORTH 77°36'27" EAST 12.36 FEET;
THENCE SOUTH 70"55'29" EAST 16.45 FEET;
THENCE SOUTH 47"41'12" EAST 748.88 FEET;
THENCE SOUTH 34"06'49" EAST 46.63 FEET;
THENCE SOUTH 14°16'24" EAST 615.15 FEET;
THENCE NORTH 85"59'44" EAST 160.53 FEET;
THENCE NORTH 47°06'44" EAST 110.60 FEET;
THENCE NORTH 29°11'18" EAST 460.96 FEET;
THENCE NORTH 13°56'57" EAST 209.85 FEET;
THENCE NORTH 76°19'41" EAST 160.84 FEET;
THENCE NORTH 61"43'54" EAST 107.89 FEET;
THENCE NORTH 18"58'36" EAST 69.73 FEET;
THENCE NORTH 01°36'49" WEST 341.03 FEET;
THENCE NORTH 89"06'53" EAST 584.42 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF
CAMP KEIAS ROAD (80 FOOT RIGHT-OF-WAY);
THENCE ALONG SAID RIGHT-OF·WAY LINE SOUTH 00°14'32" EAST 45.99 FEET;
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Agenda Item No. 10D
April 26, 2005
Page 38 of 46
DESCRIPTION OF PART OF SECTION 4 THROUGH 9, 16 AND 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND
PART OF SECTIONS 30 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTION 36,
TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA
EXHIBIT "A" - D.R.I. LANDS (CONTINUED):
THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE SOUTH 05°51'27" WEST 224.83 FEET;
THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE 95.78 FEET ALONG THE ARC OF A
NON-TANGENTIAL CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 3,798.14 FEET
THROUGH A CENTRAL ANGLE OF 01°26'42" AND BEING SUBTENDED BY A CHORD WHICH BEARS
SOUTH 05°04'45" WEST 95.78 FEET;
THENCE LEAVING SAID RIGHT-OF-WAY LINE SOUTH 26°31'54" WEST 759.71 FEET TO A POINT ON
A LINE LYING 330 FEET WEST OF AND PARALLEL WITH THE WEST RIGHT-OF-WAY LINE OF SAID
CAMP KEIAS ROAD;
THENCE ALONG SAID LINE SOUTH 00°14'33" EAST 1,537.82 FEET;
THENCE CONTINUING ALONG SAID LINE SOUTH 00°22'10" EAST 2,347.87 FEET;
THENCE LEAVING SAID LINE NORTH 89°29'01" EAST 330.00 FEET TO A POINT ON THE WEST
RIGHT-OF-WAY LINE OF SAID CAMP KEIAS ROAD (80 FOOT RIGHT-OF-WAY);
THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 00°22'10" EAST 200.00 FEET;
THENCE LEAVING SAID RIGHT-OF-WAY LINE SOUTH 89°29'01" WEST 330.00 FEET TO A POINT ON
A LINE LYING 330 FEET WEST OF AND PARALLEL WITH THE WEST RIGHT-OF-WAY LINE OF SAID
CAMP KEIAS ROAD;
THENCE ALONG SAID LINE FOR THE FOLLOWING 9 COURSES:
1. SOUTH 00°22'10" EAST 62.31 FEET;
2. SOUTH 00°30'10" EAST 2,674.23 FEET;
3. SOUTH 00°35'31" EAST 2,684.53 FEET;
4. SOUTH 00°38'11" EAST 2,610.24 FEET;
5. SOUTH 00°30'34" EAST 199.67 FEET;
6. 227.68 FEET ALONG THE ARC OF A CIRCUlAR CURVE CONCAVE EAST HAVING A RADIUS OF
3,032.95 FEET THROUGH CENTRAL ANGLE OF 04°18'04" AND BEING SUBTENDED BY A CHORD
WHICH BEARS SOUTH 02°39'36" EAST 227.63 FEET;
7. SOUTH 04°48'38" EAST 400.93 FEET;
8. SOUTH 05°08'04" EAST 83.53 FEET;
9. SOUTH 00°29'16" EAST 1672.20 FEET;
THENCE LEAVING SAID LINE SOUTH 89°04'49" WEST 604.79 FEET;
THENCE NORTH 47°03'54" WEST 98.67 FEET;
THENCE SOUTH 52°55'08" WEST 87.29 FEET;
THENCE SOUTH 06°39'26" WEST 102.55 FEET;
THENCE SOUTH 71"24'17" WEST 367.36 FEET;
THENCE NORTH 19°54'41" WEST 104.73 FEET;
THENCE NORTH 43°05'38" WEST 251.09 FEET;
THENCE NORTH 11°04'29" EAST 79.58 FEET;
THENCE NORTH 05°51'31" WEST 66.56 FEET;
THENCE NORTH 48°52'26" WEST 332.24 FEET;
THENCE NORTH 74°56'35" WEST 80.29 FEET;
THENCE SOUTH 74°58'06" WEST 235.65 FEET;
THENCE SOUTH 51°40'42" WEST 93.09 FEET;
THENCE SOUTH 21°53'05" WEST 241.50 FEET;
THENCE SOUTH 77°21 '09" WEST 341.17 FEET;
THENCE SOUTH 60°48'05" WEST 79.49 FEET;
THENCE NORTH 88°09'54" WEST 265.68 FEET;
THENCE SOUTH 89°36'53" WEST 1,996.43 FEET;
THENCE 77.48 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE
WEST HAVING A RADIUS OF 1415.00 FEET THROUGH A CENTRAL ANGLE OF 03°08'14" AND
BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02°11'35" EAST 77.47 FEET;
THENCE SOUTH 00°38'28" EAST 84.34 FEET;
THENCE NORTH 90°00'00" WEST 71.80 FEET;
THENCE SOUTH 00°38'46" EAST 3,444.22 FEET;
THENCE 224.04 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE
WEST HAVING A RADIUS OF 2,721.25 FEET THROUGH A CENTRAL ANGLE OF 04°43'02" AND
BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 01°44'02" WEST 223.98 FEET;
THENCE SOUTH 04°05'59" WEST 217.57 FEET;
__127230 Vr. 0:11- BS'TOCIOIAAI
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Nwt Oirrc1/ons In Planning, DesIgn & En(JlfIt1Ørlng
Agenda Item No.1 OD
April 26, 2005
Page 39 of 46
DESCRIPTION OF PART OF SECTION 4 THROUGH 9, 16 AND 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND
PART OF SECTIONS 30 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTION 36,
TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA
EXHIBIT "A" - D.R.I. LANDS (CONTINUED):
THENCE 153.40 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE
EAST HAVING A RADIUS OF 2,277.17 FEET THROUGH A CENTRAL ANGLE OF 03°51'35" AND
BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02"10'28" WEST 153.37 FEET;
THENCE SOUTH 06"34'56" EAST 1,089.87 FEET TO A POINT ON A LINE LYING 100 FEET NORTH
OF AND PARALLEL WITH THE NORTH RIGHT-OF-WAY LINE OF OIL WELL ROAD (100 FOOT
RIGHT-OF-WAY):
THENCE ALONG SAID LINE SOUTH 88°54'34" WEST 247.15 FEET TO THE POINT OF BEGINNING.
CONTAINING 5,026 3 ACRES, MORE OR LESS.
SUBJEC T M NTS AND RESTRICTIONS OF RECORD.
BEARING D ON THE SOUTH LINE OF SAID SECTION 16 BEING SOUTH 68°54'34"
, .S.M. LS#5627
CERTIFICATE OF AUTHORIZATION #LB-43
REf': 4K-12S(METS 1-5
---. Dm:AUGLifñ: 29.. 2003
-= REVISIONS: 1..QCTOBER 16, 2003
= - ~_ 2;WCH 3, 2004
:::- ,.... ~~MBER 30, 2004
.::- - 4~Ft$RUARY 4,2005
_ . 5. F~UARY 24, 2005
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Agenda Item NO.1 00
April 26, 2005
Page 45 of 46
Ave Marla Development Contribution Agreement
¡\;¡;,i:'¡¡::; ;:"1,· ,.~ì;~ ,'. '·~",,~'R.n:~"'T· l¡1':'1, ,;:~&'l.(J&, I ···iœl''''·····~.~
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Beainnlna Balance $6,000,000.00 Available
eY~'t~J ,.~ II
BOARD ()II TRUSTEES
Doh 1'bðmu
Chøirman fI/ the ø-d
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CfaGnœIfor
NlcW. J.lw,.lr.
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Paul Raney
CWef F'IMncW () JIcw
Bemud DoIamId
JoIm Dauhue
w.n FoIIea
RIdwd M.. GaIIrya
Prof. MIry Ana Gt.doo
.... Beaedict GroeåeJ. CPR
Paal M.. HeaIuIa
M8p.laureDce Eo HiaIas
HeIea HuB Jlkii.:L..ock
...... A. HøI-..
Glory SuW_
ECCLESIAL AD\lS0R~ / .
PnadI c.nu..t Arbue
Ware c...IIDII 0ueUer
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a.riIcapIa CanIü.I Sc-biabam
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Agenda Item NO.1 00
April 26, 2005
Page 46 of 46
AVE MAmA UNIVERSITY
..~. .., _..._...~ ""_.,._"._,, e. ..........
lœs~ Orde, ~ PI. 3+11901376
Z3P-za0.%50J ... 23903SZ·JD% Ita
April 6, 2005
Mr. James V. Mudd
Collier County Manager
Collier County Government Center
3301 East TamiBmi Trail
Naples, Florida 34112
Dear Mr. Mudd:
Weare writing at your request to confirm the plana of Ave Maria
University as it relates to the operation oftbe University at the Town of
Avo Maria for purposes of evaJuating a Developer Contribution
Agreement between Ave Maria Development, LLLP and Collier
County. Ave Maria University ia couunitted to building a campus at the
Town of Ave Maria in accordance with the plans previously submitted
to the County.
The first phase of the Campus will handle approximately~ fUll time
equivalent students. The timing of the completion of the first phase is
contingent on the timely resolution and lIppI'OVal of the zoning and
pcnnitting activities for the University and adjoining Town. An actions
necessary to complete the first phase of development for the University
have been approved by the Board of1'rustees for Ave Maria Univenity.
"cry Tn¡)y Yours.
/-'
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I'ichol¡¡s.l. Henly. .II'.
Presiut.'nt
'-i!vt~.-;) 4'~ 7!'~~L~~
Thomas S. Monaghan \,
Chancellor
www.avemaria.edu
Agenda Item No. 10E
April 26, 2005
Page 1 of 9
EXECUTIVE SUMMARY
Recommendation to authorize county staff to purchase Ironwood Golf
Course at auction in an amount not to exceed $1,100,000
Obiective: To purchase the former Ironwood Golf Course, 33.85 acres of land
according to Property Appraiser's records, at below market value.
Considerations: The former Ironwood Golf Course is currently in foreclosure. The
executive golf course lies south of Davis Boulevard and east of Glades Boulevard within
the Lakewood subdivision and is surrounded by condominiums. The course is in serious
disrepair, and the Code Enforcement Department has placed liens on the property for
code violations such as proliferation of weeds and overgrowth in excess of 18 inches.
Residents of the surrounding condominiums have repeatedly sought assistance from the
County, as they feel their property values are jeopardized by the current state of the
course.
Purchase of the course at auction would allow the County to take into inventory
approximately 33 acres of land at below market value. County staff is currently
evaluating best possible uses for the land. Possibilities include (I) workforce housing; (2)
recreational facilities for Frisbee golf, remote control model cars and boats,
playground(s), and/or walking paths and passive recreation; and (3) stormwater or water
quality facilities with pathways and passive recreation.
The Clerk of Courts will conduct a foreclosure sale of the property described in Exhibit A
of the Final Judgment in Foreclosure on May 4, 2005. Board approval of this action will
authorize Public Services Division Administrator Marla Ramsey or Assistant County
Attorney Jeff Klatzkow or their designee to bid up to $1,100,000 on the property,
pending receipt of two appraisal values equal to or less than the authorized purchase
amount.
FiscallmDact: If the County is the successful bidder a non-refundable deposit of5% of
the final bid is due at the time of the sale. Final payment plus registry fees must be paid
10:30 AM the following day. The deposit is applied to the sale price at the time of
payment. Funds are available in General Fund reserves.
Growth Manaaement ImDact: The land and facilities will be inventoried in the
Growth Management Plan in accordance with their use.
Recommendation: That the Board of County Commissioners authorizes the above-
named county staff to purchase Ironwood Golf Course at auction in an amount not to
exceed $1,100,000.
PreDared bv: Amanda Townsend, Operations Analyst, Parks and Recreation
,.........,
Agenda Item ND. 10E
April 26, 2005
Page 2 (If 9
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
tt.m Number
'111m Summary
10E
M..llna D..o
Recommendation to authorize cauI,ty staff to purchase Ironwood Gelf Course at auclion in
In amOllnt not to exceed $1,100,000, (Marla Ramsey, Adminlstrliltor, Public Services)
4126120059:0000 AM
Approyed By
Klthy McLarty-C.rpentar Ew.ecutlve Secr.tary Date
Public; SUlvìc.uu P\lhUc .s~rvh:"I~ Admin. 4/19/20013:02 PM
Approyed By
Marla Ramsey Parks & Recreation Director Dot.
Public SONictl'" P.rka and ReGfH1ion 4119120014:08 PM
Approved By
Mutdo Smith Beiu:h al1d Wutt!' SuperintC!ndent D...
Public Service¡. Parh and Recrelt!on 411912"11:52 PM
Approyed By
OMB Coordinator Admlniøtr.tlv4! Anisumt Ollttt
County M.unagef'$ Offic:e Office ot Munogernent & Budg4!t 4/2(112005 8:22 AM
ApproYed By
Leo E. Och$. Jr. Deputy County M.nllger D.ht
Soard or Countv County Manllg_r's; OtflC'e
Cammistllonðr4 4/20120010:22 AM
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Agenda Item No. 10E
April 26, 2005
Page 5 of 9
IN THE CIRCUIT COURT IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY, FLORIDA CIVIL ACTION
IRONWOOD FUNDING, L.L.C.,
Plaintiff,
vs.
Case No. 04-5125-CA
VAN ELWAY ENTERPRISES, INC.; THE GISSELBECK
FAMILY LIMITED PARTNERSHIP; LEE R. KEMBERLING
AS TRUSTEE OF THE LEE R. KEMBERLING REVOCABLE
TRUST DATED 9/11/78; BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA; JOHN J. GENTILE; JOANNE V.
GENTILE AND THE STATE OF FLORIDA, DEPARTMENT OF
REVENUE,
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Defendants.
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FINAL JUDGMENT IN FORECLOSURE
THIS CAUSE having been heard upon Plaintiff's Motion for Summary
Judgment, and the Court being fully advised in the premises it is,
ORDERED AND ADJUDGED that the Plaintiff's Motion is granted.
THE COURT FINDS that the amount of attorney hours reasonably
expended on this case is 13.8, and the rate of $250.00 per hour is
reasonable. The Court finds that total attorneys fees of $3,450.00 is
reasonable.
IT IS HEREBY ORDERED AND ADJUDGED, that:
1. Plaintiff, IRONWOOD FUNDING, L.L.C., is due the following
sums:
a. Principal balance
$910,000.00
76,276.89
b. Prejudgment interest to 3/28/05
c. Costs of maintaining action,
593.00
including title search expenses,
taxes, etc.
d. Late charges
1,971.66
E. Attorney's fees
3,450.00
$ rqq 2. 2. '1/. S)'
======-1:====
TOTAL
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Agenda Item No. 10E
April 26, 2005
Page 6 of9
2. Plaintiff holds a lien for the total sum superior to any claim
or estate of the Defendants, on the following described property in
Collier County, Florida, to-wit:
SEE EXHIBIT "Au ATTACHED.
3. I f the total sum, with interest accruing at the rate of 1~.
plus all costs of this action accruing subsequent to this Judgment, are
not paid, the Cle~k of this Court shall sell the property at public sale
U ~f1 M
on the J... day of ~ ' 2005, at 11:00 A.M. at the
l"t Floor Lobby Atrium Area, C llier County Government Complex, 3301 E.
Tamiami Trail, Naples, Florida, to the highest bidder for cash, except
as set forth below, at the, in accordance with Section 45.031, Florida
Statutes.
4. Plaintiff shall advance all subsequent costs to this action
and shall be reimbursed for them 'by the Clerk if Plaintiff is not the
purchase~, of'theþroperty 'at the' sale',"'---rf Pnf~ntiff is the purchas-er,
the Clerk ~hdll !";Lt::J.i.L P1d.i¡¡Li[['.. bid with the total sum, \iÌth intcrcot
through the date the Clerk issues a Certificate of Title and costs
accruing subsequent to this Judgment, or §uch part of it as is necessary
to pay the bid in full.
. --._--.--._--------
5; Upon filing the certificate-,of- title, the -Clerk --shall
distribute the proceeds of the sale as far as they are sufficient, by
paying the following items in the order listed:
a. Plaintiff's costs, including documentary stamps if Plaintiff
is purchaser at sale.
b. Plaintiff's attorney's fees.
c. The total sum due Plaintiff, less the items paid, plus
interest at the rate prescribed in Paragraph 3 from this date to the
date of the issuance of the Certificate of Title.
6. The Clerk shall retain any excess funds, pending further
Order of this Court.
Agenda Item No. 10E
April 26, 2005
Page 7 of 9
7. The Purchaser of the property shall provide the requisite
documentary stamps.
8. Upon filing the certificate of sale, Defendants and all
persons claiming under or against them since the filing of the Notice of
Lis Pendens shall be foreclosed of all estate or claim in the property
and the purchaser at the sale shall be let into possession of the
property.
9. At the, foreclosure sale conducted pursuant to this Judgment,
the Defendant, THE GISSELBECK FAMILY LIMITED PARTNERSHIP shall be
enti tled to a credit bid for the following amounts determined due it
pursuant to the Order Granting Gisselbeck's Motion for Summary Judgment
of Foreclosure and Attorneys' Fees and Costs:
Principal balance
107,000.00
9,790.50
875.35
436.92
Prejudgment interest to 3/28/05
Cost of maintaining action
Late charges
Attorneys' Fees
3,427.00
$121,529.77
Total
This credit bid will exist only after the Defendant, GISSELBECK FAMILY
LIMITED PARTNERSHIP pays in full and with cash the amounts due Plaintiff
as set forth herein.
10. Jurisdiction of this action is retained to enter further
Orders as are proper, including, but without limitation, Writs of
Possession and Deficiency Judgments.
this
DONE AND ORDERED !f Chambers at Naples, Collier County,
~ day of 8Iæ'1-
Florida,
, 2005.~;v.1
/t' '.Jt,,_.J
DANIEL R. M ACO . .._.
CIRCUIT JUDGE
~
l- I'7JÖS·.C6írcc+ìGn~ mA be I..'0t ~. ~~ ~pp(Q..)~
Agenda Item No. 10E
April 26, 2005
Page 8 of 9
The name and street address of
the Judgment Creditor is:
Ironwood Funding, L.L.C.
1520 Royal Palm Square Blvd.
Fort Myers, FL 33919
Pursuant to Rule 1.080, FRCP,
copies furnished to:
\~\ð~" Gordon R. Duncan, Esq.
~} , Jeffrey A. Klatzkow, Esq.
~ "D. Keith Wickenden
J Louis S. Erickson, Esq.
v Charlie Crist, Attorney General
John & Joanne Gentile
v
(- Agend a Item No. 10E
ttt OR: 3428 PGt~~191~
Exhibit "A"
All of Golf Course Parcels A, B, C and D of Lakewood Unit No 6, according to the Plat thereof as recorded In
Plat Book 12, Page 73 of the Public Records of Collier County, less and excepting all that part of Golf Course
Parcel "A" of Lakewood Unit No.6, according to the Plat thereof as recorded in Plat Book 12, Page 73 of the
Public Records of Collier County, being described as follows:
Beginning at the Northeast comer of undivided Block "A" of said Lakewood Unit No.6; thence along the North
line of said Block "A" and the South line of said Golf Course Psrcel"A" South 72" 30' 00" West 60.00 feet;
thence leaving the boundary of said Block "A", North 40° 16' 42" East 89.12 teet to an angle point in the
boundary of Block "B" of said lakewood Unit No.6 thence along the West line of said Block "B", South 28° 57'
14" East 56.90 feet; thence continue along the West line of said Btock "B", South 44° 37' 14" East 58.22 feet;
thence along the Northwesterly right-of-way line of Glades Blvd., South 45· 22" 46" West 20.00 feet; thence
along the. Northwesterly line of.sald Block "A", North 44" 37"14" West 77.73 feet to the Point of Beginning.
(OJ.213.pfdlOJ.Z73128)
Agenda Item No. 10F
April 26, 2005
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve a
budget amendment in the amount of $842,700 for funds from the Federal
Transit Administration for the Collier Area Transit system.
OBJECTIVE: To obtain board approval of a budget amendment in the amount of
$842,700 for funds from the Federal Transit Administration for the Collier Area
Transit system.
CONSIDERATION: Collier County Transportation - Collier Area Transit was
awarded $842,701 in FTA 5307 funds FY04. Based on the previous years
apportionment, we would like to appropriate $842,700 in FT A 5307 funds FY05.
FTA funds will be available after the Transportation bill is passes by Congress.
The FT A grant funds will be utilized to purchase two transit buses with bus wraps
and radio communications equipment, bus shelters, and fleet maintenance
expenses. In the event that FTA funds are not available, the expenses will be
covered with Transit Enhancement (313) funds.
.--
FISCAL IMPACT: These funds will be available as part of the FT A 5307 Grant.
This is a reimbursement grant that the County will invoice for as the expenses
are incurred. The total amount of the FTA 5307 Grant is estimated at $842,700.
The funds will be budgeted in fund 126, cost center 138333.
G'ROWTH MANAGEMENT IMPACT: Consistent with Objective 12 of the
Transportation element of the Growth Management Plan.
RECOMMENDATION: That the Collier County BCC approve the necessary
budget amendment to allocate the funding for the FT A 5307 grant FY05 in the
amount of $842,700. .
Prepared by: Lisa Hendrickson, Senior Planner, Alternative Transportation Modes
Attachments: FT A Letter
-
"...."",.¡".",,"',..,....;"""'_.,.._........,".",;¡..,'.'...,
Agenda Ilem No.1 OF
April 26, 2005
Peg. 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meellng Data
10F
Recommendation that.lhe BOlrd of County Commissioners approve B budget amendment
In the ¡¡mount of $842,700 for fundi from the Federal Transit Administration for the Comer
Area Tra"slL sys1l!1m. (Norman Feder. Admil,istrotor, Transponation Servfces)
4/26/20059:00.00 ¡.J.},
Itlm Number
Item Summary
Prepared By
Oat.
Usa Hendrick&on
Man_gemenUBudgttt Analy.st
3/29/2005 4:S3:17 PM
TransporUon Servlc.es
Traffic Operations' ATM
Approved By
lIva Hllndnck1ïon
Mnrw{ nmcnUBudget AunJy$t
Oat.
Tran..portion ServÎc.es
Traffk; OperaUonG( ATM
2/30/2005 9:09 AM
Appro.ed By
Oïnntt B. F1aUg
Dir~r:1(lr I)' Þ.h.nløtlv~ Tr.al1$portaltol1
Modu ATM Director
DoHI
Tronipot1ion Service"
Altamut¡\o'~ Trilflsportation Moden;
3/30/2006 :2:01 PM
Appro.ed By
Sharon Nftwma"
Accounting Supervisor
Oat.
Trllnsportion Servicn
Tr.nlportliltion Administration
3/30/20063041 PM
Appro..d By
Pat lehnlmtd
EÞ:nc:utive SlIIcmt.lrY
O.te
Tr.nsport.tion Service,
Tr.alllport.tíon SelVices Admin
2/30/2005 3049 PM
Appro..d By
OMS Coordmator
Admlni5tr.tl\l«t A..14tanl
Dati!'
CDunty Man.llgr.r's Otrice
Office 01 Manugatnent & audglllt
3/31/20057:41 AM
Appro..d By
Norm E. Feder, AICP
Trons.portütion Ojvisìon A.dminislrator
Da,.
Trnuaportìon S&rvic:e!¡
Tran/l.port.lltion Servico5 Admin.
4/14/200& ~:50 PM
Approved By
Mk),.e SrnY'l(!w~~i _
~JI~ lp~ITJUnt ~,~~<:I~{tt_ Dimr:t_o~
D<rt.
County Mannga-t'\I OrHçe-
Of1ic(t Dr Man' JMeC'n1 & Sudgl1't
~119/2005 6:21 AM
Appr..ed By
Jomes V. Mudd
Cuunty ManQger
Oat.
Bo..rd of County
Comlnls.ionen
County Ma'III{ Clr''! Ol'fi¡:t!
4/19/200510:06 AM
-.---
FROM
FAX NO. :5925763
Sep. 17 2004 08:55AM P3
Agenda Item No. 10F
April 26, 2005
Page 3, of 3
.....~
«.)
, .
o .$. D~partm.e¡'t.·
of Transportàì¡ön
Fed~ral Trånsit .
Administration
,.
REGION N
Alabama, Florida, Georgia,
. . KentuCkY, Mi$sissippj,.
. . Nortb C~rollna, PuenQ
RJco, 'South Carolina,
Tennessee
61' ForSyth Street, S.w.
Sultë.:1 Tr50 , .
. Atla,nta~'GA 3Ò303-8ê17
404-5$2~3500':' ,
404-662-3506 (fax)
September 14,2004
Ms. El izabeth Suchsland
General Mmager'
. .. .
Collier Area Transit
2901 County Barn Road
Naples, FL 34112
Dear Ms. Suchsland:
I have received your letter of request for a Letter of No Prejudice for the purchase of two tran
,.?uses. using ~iscal Year 2005 Section 5307 Urbanized Area Formula Apportionment funds.
_.
. .
'. '
.Irltþ.eF'êa~ra1.Register published, Febn\aty 1 I;~.oQ4 for the FTA Fisca.l Year 2004
APPÔci:iÖÙIÚêrits, it is stated, that FT A is extending . the pre-award authoritÿ t'pr:Jòi1nul~ funds and
; fléxíbÛ; 'fuiièîS'that wíI1 be appropriated in FiscalYear' 2005. "It 'fúrther state'S:tháÙi1'i.ísing pre-
award authority for FY 20Ú5 formula funds, grantees are cautioned thatreauth6iÍ:iätion may reSi,l1t
in program structure~ administrative requirements, or funding availability.
As with all pre-award authority, áctivities must be conducted in compliance with Federal
requirements in order to retain eligibility for future reimbursement. The Federal requirements are
specified in FT A Circular 9030.1 C which is the circular for the Urbanized Area F onnula Program.
The Circular incorporates current statutory and programmatic requirements for projects assisted
under the Section 5307 program:. .
If you should have àny further questions. please contact me at 404/562-3509.
s~~.rSi~,
~(ñ~
Elizabeth B. Martin
Community Planner
Agenda Item No. 16A 1
April 26, 2005
Page 1 of 15
EXECUTIVE SUMMARY
Recommendation to approve an Agreement for Sale and Purchase with Juniace
Senecharles for 1.14 acre under the Conservation Collier Land Acquisition Program, at a
cost not to exceed $30,850.
OBJECTIVE: Request approval and execution of the attached Agreement for Sale and
Purchase (Agreement) between the Board of County Commissioners (Board) and Juniace
Senecharles (Senecharles).
CONSIDERATIONS: On January 25, 2005, Agenda Item 100, the Board approved a
Conservation Collier Land Acquisition Advisory Committee (CCLAAC) recommended Cycle II
- Active Acquisition List, with changes, and directed staff to actively pursue acquisition of the
properties under the Conservation Collier Program.
The Senecharles parcel contains 1.14 acre and is located within Golden Gate Estates, Unit 65
(Winchester Head Multi-parcel Project). In accordance with the approved Conservation Collier
Purchasing Policy, the purchase price of $30,000 was based upon one independent, state-
certified, general real estate appraiser.
The attached Agreement for Sale and Purchase provides that should the County elect not to close
this transaction for any reason, except for default by Senecharles, the County will pay
Senecharles $300 in liquidated damages.
The CCLAAC approved this transaction on April 11, 2005, and voted to recommend Board
approval and execution of the attached Agreement.
Pursuant to Ordinance 2003-63, Section 13(8), a Project Design Report for the property is
provided herewith.
The Agreement has been reviewed and approved by the County Attorney's Office and
EnviromÍ1ental Services Department.
FISCAL IMPACT: The total cost of acquisition will not exceed $30,850 ($30,000 for the
property, $250 for the appraisal, and approximately $600 for the title commitment, title policy,
and recording of documents). The funds will be withdrawn from the Conservation Collier Trust
Fund (172). As of April 11, 2005, property costs for Conservation Collier properties, including
this property and those under contract, total $28,868,150.
GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is
consistent with and supports Policy 1.3 .1 (e) in the Conservation and Coastal Management
Element of the Collier County Growth Management Plan.
Agenda Item No. 16A 1
April 26, 2005
Page 2 of 15
EXECUTIVE SUMMARY
Conservation Collier - Agreement for Sale and Purchase - Senecharles
Page 2
LEGAL CONSIDERATIONS: The Conservation Collier Ordinance (2002-63) provides a
legal rramework for property acquisition for the Conservation Collier Program. The process for
acquiring this property falls within the legal framework of Ordinance 2002-63.
RECOMMENDATION: Staff is recommending the Board of County Commissioners:
1. Approve the attached Agreement and accept the Warranty Deed once it has been
received and approved by the County Attorney's Office; and
2. Authorize the Chairman to execute the Agreement and any and all other County
Attorney's Office approved documents related to this purchase; and
3. Authorize staff to prepare related vouchers and Warrants for payment; and
4. Direct staff to proceed to acquire the property, to follow all appropriate closing
procedures, to record the deed and any and all necessary documents to obtain clear
title to the property, and to take all reasonable steps necessary to ensure performance
under the Agreement; and
5. Approve any necessary budget amendments.
PREPARED BY: Cindy Erb, Senior Property Acquisition Specialist
Real Estate Services / Facilities Management Department
Agenda Item No. 16A 1
April 26, 2005
Page30f15
Conservation Collier Land Acquisition Program
Project Design Report
Date: April 1],2005
Conservation Collier Location Map
Winchester Head
Senecharles Parcel
1.14 acres
~--_._----
ß
\ *..~
\v.,.--.--1
Legend -WInchester Head
,,",\l.
- (,oilier O..unty R6ðC$
[LJ \i\f,"c.h"~t&r H.~ F'art,¡o15
.. r~,plicatiQn5
1\00 900 ¡:é':
~tl ~' fn.: Pln.',- ~1".I'C..II1)1' ......'.ItyA"'""".t
O-'.wf..,:= als f con .. ..'IÌ...II....~.I s.......
0:,0."..,..,1.. C..i.r 2112'. I$CItI<:.,.'.....,.',.>l4
G:~.."......tl.. C.'II" 2..r, ISCfl'tC)IC'd'WMt.,,,
1tNrt1:I.t1A"
cuffitr Cc,mty
...^'" '..,- ····Y.···-,··.··
Property Owner: Juniace Senecharles
Folio(s): 39955920002
Location: Golden Gate Estates Unit 65 E75 FT of W 180 FT of Tract 49 OR 539 PG 782
Size: 1.14 acres
Appraisal/Offer Amount: $30,000
History of Proiect:
Received application Selected for the "A" Approved for Purchase offer made Offer Accepted
category, #] priority, purchase by BCC to owners
on the Active
Acquisition List by
CCLAAC
7/2/04 12/15/04 1/25/05 3/15/05 3/16/05
Agenda Item No. 16A 1
April 26, 2005
Page 4 of 15
Purpose of Proiect: Conservation Collier
Pro!!ram Qualifications:
The Winchester Head multi-parcel project, which includes the Senecharles property, is an approximately
200-acre undeveloped depressional cypress head and marsh wetland located in NGGE in Units 62 and 65.
The entire site is within North Golden Gate Estates, a target protection area. Three different roads, one of
which is paved, can access the site and from these roads half of the property can be viewed. The mature
cypress and seasonally changing marsh enhance the aesthetic setting of Collier County. Using aerial
photographs, elevation data, soil maps and public input, a tot a] of I] 4 parcels (about] 75 acres) were
identified as being important for acquisition. One of the most important reasons for the nomination of
Winchester Head is that this area functions to provide floodplain storage for surrounding home sites
during high rainy season. In fact, these types of depressional storage areas were included in the water
management models for the Golden Gate canal system done by the Big Cypress Basin, South Florida
Water Management District and are a component of flood control for the area. Other criteria that would
be satisfied by a purchase here include protection of surface and ground water resources, protection of
wetland dependent species habitat, good potential for restoration and low estimated management costs.
Listed plant species were observed, while a listed wildlife species (Florida black bear) has been
documented at the edges of the property. During a March 2004 site visit, it was noted that there was
significant standing water, that many birds are using the area, and that the wetland areas are nearly free of
invasive exotic plant life, indicating good ecological value. Currently, 9 owners have shown interest in
selling their lots to the program. See the Initial Criteria Screening Report for full criteria evaluation.
Proiected Mana!!ement Activities:
Active management of this project would not be feasible until a significant contiguous area could be
acquired. Since the area is relatively free of exotic plants, minimal control efforts consisting of herbicide
applications on exotics at the edges of owned properties could be done until a larger area is acquired.
Because of the wetland nature of the site, trails are not recommended. A raised boardwalk would be the
best public access opportunity, however, this is not proposed unti] some time well into the future of the
project when more parcels are acquired. Nature photography and bird watching are two activities that can
occur at present. It might be possible to allow school children to visit specific parcels as part of an
educational program about wetlands. Currently, the two roads (37tl' and 39tll Streets NE) provide access
but the only parking is the road right-of-way. Until there are enough parcels acquired to provide a
resource destination, a visitor parking area is not necessary, but this may be constructed in the future.
Land Development Code changes are necessary in order to allow construction of a parking area. Also in
the future, an educational kiosk could be placed along one of the roads through the property. It would
contain infonnation on wetlands and on the preservation of the area. Signs can be placed at boundaries
along 37th and 39th St. NW. Minimal management activities, like trash removal can be accomplished
using both contracted and volunteer labor.
Item Number
Item Summary
Meeting Date
A(1enda Itern No.1 ôA 1
- April 26. 2005
Page 5 of 15
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
'6AI
Recommendatíon to approlJe an Agreement for Sale and Purchase win~ -Jur!Jace
Seneccharles for 1.14 acre underthe Conservation Caliler Land Acquisition Program, at a
cost not to exceed $3D.8.50
412612005900.00 AM
Prepared By
Senmr ProplJ'rly Ar;:qllisition Specialist
414120058:16:31 AM
CindyM.Erh
Administrative Services
P",.
Facilities Management
5andru Lca
Dute
Approved By
CommunIty DE:\I~I(' pme"t &
EnvitnnmÐntal Smvicl~5
(I((!(:lltlve S",crc1ary
Camm~mil:y Ocvelopnu,="t &
Environl1umt<l! Service,", Admin.
4J4l200S 10:36 AM
Approved By
Constance A. Johnson
Communrty Dew!'!aprnent &.
Envjronmf!'utnl Servl(:('rS
Operations Analyst
Date
CpmmunilY Dr.velopmaT\1 &
E.n\'ir-onmênta! SI!I"VU::Ü'1t Adm'~rL
4;4.'20052:46 PM
Date
Approved By
Skip COimp, C.F.M,
Adnlmis.trative Services
Fa!::i!ìties. M...n.agemeot Director
Facilities Manageme-nt
4J4/2DDS 3:03 PM
Alux<1nd,... J. Sull!!cki
S.enior Ef1vironrnl!IJt~11 SI)I~c:ía i'"t
D¡lte
Approved By
Cotnmunity Development &
Environm!'!ntal Servic:et.
En'l/Irontmmta Savice5
4/4!20Q5 4: 51 PM
Approved By
Cha.rles E. Carrington, Jr.,
SR,'WA
A<lmini~.tnrtivE! SI~lVj...!~_S
Rf!'~1 EHt"h¡ Si!tvi(:e$ M¡)tlu~ I!r
Oa1a
F,sdlitie.'i Manag"'l'1Icnt
4¡111Z00S 11:07 AM
Environnwntal Se.rvict!s DirectQr
Date
Approved By
Wilham D, Lorenz., Jr . P.E.
ConuTmnity Development &.
Environment2l1 Services
Euvir(mrnml1:al Sl~tvil:t!s
4/111200511:09 AM
D:a.te
Approved By
Jos.eph K. Schmitt
C(!rnl'l1unity DI!vc¡JI)pmt!rlt &
EnvjHlnm~ 1tal SI~r...¡ces
COMlrmmily Dr.velop[ß('Int 8-
Enviromnli'nt.al St"fVlce<.> Adrnill<¡;trator
Community Deve!o,In1Bnt...
Envin:ml1umtal Servh:r.$ Admin.
4/11/20058:10 PM
D"'.
Approved By
OMB CoordinatDr
County Milna91?¡-'~ OffiCI!
Admi¡;istratïve Assistant
Olfice Df Managnrmmt & B\ldge~
4/12120051:59 PM
Mark Isa(;ksoun
Budget Analysi't
Date
Approved By
County Ma¡;age(~ Offïce
Office of Management & Budget
4115i:!005 3:34 PM
M¡(:hat~ Smyko\^m¡'¡i
Dôlt¡~
Approved By
County M;,':U1ager's Office
M<Ula~ t~rn ~nt" BUII'J~t Dìtecluf
Office of Management & Budget
4i15!2005 4:50 PM
Approved By
James. V. Mudd
Bo.ltd uf Couoty
C(l1nnl¡!¡uir.H"\~r$
Cpunty Managf!r
Dat!~
C()un~y Mahager':s. Oftic:ø
4/1 &12005 5:29 PM
AGREEMENT FOR SALE AND PURCHASE
Agenda Item No. 16A 1
April 26, 2005
Page 6 of 15
THIS AGREEMENT is made and entered into by and between JUNIACE
SENECHARLES, whose address is 3870 68th Avenue NE, Naples, FL 34120,
(hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of
the State of Florida, its successors and assigns, 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 as:
THE EAST 75 FEET OF THE WEST 180 FEET OF TRACT 49, GOLDEN
GATE ESTATES, UNIT NO. 65, ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK 5, AT PAGE (S) 88, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
TAX IDENTIFICATION NUMBER: 39955920002
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 the purchase price and upon the terms and conditions
hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase
from Seller the Property, described in Exhibit "A".
II. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be Thirty
Thousand Dollars ($30,000), (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 ninety (90) days
following execution of this Agreement by the Purchaser, unless extended by
mutual written agreement of the parties hereto. 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
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
(a) The lien for current taxes and assessments.
Agenda !tem No. 16A 1
S h . . d· . f d April 26, 2005
(b) uch ot er easements, restrictions or con Itlons 0 recor . Page 7 of 15
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.
3.012 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 Title
Company verifies that the state of the title to the Property has not
changed adversely since the date of the last endorsement to the
commitment, referenced in Section 4.011 thereto, and the Title
Company is irrevocably committed to pay the Purchase Price to Seller
and to issue the Owner's title policy to Purchaser in accordance with the
commitment immediately after the recording of the deed.
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 8 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, homestead and any other
applicable exemptions and paid by Seller. 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.
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
(AL T A 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 in writing of any
It:IIIIlIICHt: lIlI" M~I <::;<::;'I'<::;I'l.
4.012 If Purchaser shall fail to advise the Seller in writingAßfn%n~~~ 1î~~
objections in Seller's title in the manner herein required by this Agreeme~~fi of 15
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
survey of the Property prepared by a surveyor 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 surveys of the Property, if any, to Purchaser within thirty (30) days
of execution of this Agreement.
V. INSPECTION PERIOD
5.01 Purchaser shall have ninety (90) days from the date of this Agreement,
("Inspection Period"), to determine through appropriate investigation that:
1. Soil tests and engineering studies indicate that the Property can be developed
without any abnormal demucking, soil stabilization or foundations.
2. There are no abnormal drainage or environmental requirements to the
development of the Property.
3. The Property is in compliance with all applicable State and Federal
environmental laws and the Property is free from any pollution or
contamination.
4. The Property can be utilized for its intended purpose.
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 V 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 and
conducting site analyses, soil borings and all other necessary investigation.
Purchaser shall, in performing such tests, use due care and shall be responsible
for any loss or damages occasioned thereby and against. Seller shall be notified
by Purchaser no less than twenty-four (24) hours prior to said inspection of the
Property.
O.VJ ~C'IIt::1 C1""r\.IIV'lVn::;U~Ÿw ula, 'IIQ I UJVIIU-.;J1ii;oi1 VI.''''' ""'..."'''11''-'''..... \oA:;:t....."......, -..-.. ..---
the right to inspect the Property at any time prior to the Closing.
Agenda Item No. 16A 1
April 26, 2005
Page 9 of 15
VII. POSSESSION
7.01 Purchaser shall be entitled to full possession of the Property 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 2004 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 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
natu re.
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.
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
10.013 The warranties set forth in this Article shall be true on the date of this
Agreement and as of the date of Closing. Purchaser's acceptafì~~<2ff lre~~ 1î~~
to the said Property shall not be deemed to be full performance and di~J;fdè of 15
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 written 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.
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.
IIIVIa.'VIIUIII.;J, UUIIIIIII~LI(.A,"IV'l;õiii VI """llvl ,.,.""",.,'"''''''11.::1...., :::f....,"~.'I.II_LI.._.
investigations or requirements, formal or informal, existing or pending or
threatened which affects the Property or which adversely affects~~m~'~~~tì 1~~~
to perform hereunder; nor is there any other charge or expense up'~ cf of 15
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 enter 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 contai:1ed 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
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:
Alexandra Sulecki, Coordinator
Conservation Collier Land Acquisition Program
Collier County Environmental Services Department
2800 North Horseshoe Dr.
Naples, Florida 34104
Telephone number: 239-732-2505
Fax number: 239-213-2960
.-.-,.------
nUIIIIIII\:J1.1 QLIVII ....,UIl\"JIII~
3301 Tamiami Trail East
Naples, Florida 34112
Telephone number: 239-774-8991
Fax number: 239-774-8876
Agenda Item No. 16A1
April 26, 2005
Page 12 of 15
With a copy to:
Ellen T. 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:
Juniace Senecharles
3525 35th Avenue NE
Naples, FL 34120
Telephone number: 239-404-8573
Fax number: v //1
,
11.02 The addressees 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.
XIII. MISCELLANEOUS
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 shall 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.
lilt:: vVlllt::^l VI UI~ U;::IO UIOIOVI .tlay 10'1UIIO.
13.06 No waiver of any provisio~ of this Agr~e.ment shall be effectjv~~is~frl~~ 1î~~
writing signed by the party against whom It IS asserted, and any walver~gélfJ~ of 15
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 Ag~eement 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 review and recommendation for approval by the
Conservation Collier land Acquisition Advisory Committee, and acceptance and
approval by the Board of County Commissioners of Collier County, Florida.
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 before 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.
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
and dated by both Purchaser and Seller. Time is of the essence of this
Agreement.
IN WITNESS WHEREOF, the parties hereto set forth their hands seals.
Dated Project/Acquisition Approved by BCC:
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
, Deputy Clerk
FRED W, COYLE, CHAIRMAN
MQ I V ,.:n:.L.L.¡;;;n.
DATED:
3 "l0 "200S
WITNESSES:
~ ì L
...~~ '" --.
( (Signature) .' ~
PI2 A,d J< L ;,,! Sc tJ ¿ CJ-)r~ LLS-
riP~~Name)
V~ ~k'<0~
~ignature) ,
\cxtr\ C-.t Q ~J Lo... Yo~+~
(Printed Name)
Approved as to form and
legal sufficiency:
Íu- ~fL./~
Ellen T. Chadwell
Assistant County Attorney
--~
Agenda Item No. 16A 1
April 26, 2005
Page 14 of 15
JUNIACE SENECHARLES
EXHIBIT "A"
Agenda Item No. 16A 1
April 26, 2005
Page 15 of 15
PROPERTY IDENTIFICATION NUMBER: 39955920002
LEGAL DESCRIPTION:
THE EAST SEVENTY-FIVE (75') FEET OF THE WEST ONE
HUNDRED EIGHTY (180') FEET OF TRACT 49, GOLDEN GATE
ESTATES, UNIT 65, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 5, PAGE 88, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
EXECUTIVE SUMMARY
Agenda Item No. 16A2
April 26, 2005
Page 1 of 15
Recommendation to approve an Agreement for Sale and Purchase with Robert C. Malt for
83.18 acres under the Conservation Collier Land Acquisition Program, at a cost not to
exceed $4,781,080.
OBJECTIVE: Request approval and execution of the attached Agreement for Sale and
Purchase (Agreement) between the Board of County Commissioners (Board) and Robert C. Malt
(Malt) .
CONSIDERATIONS: On January 27, 2004, Agenda Item lOA, the Board approved a
Conservation Collier Land Acquisition Advisory Committee (CCLAAC) recommended Cycle I -
Active Acquisition List, with changes, and directed staff to actively pursue acquisition of the
properties under the Conservation Collier Program.
On January 25, 2005, Agenda Item 10, the Board confirmed their direction to staff authorizing
staff to proceed with purchase contracts for properties still on the Cycle I - Active Acquisition
List, as they become available and to bring these contracts back to the Board for final approval.
The Malt parcel contains 83.18 acres and is located on the west side of SR 951 adjoining
Rookery Bay National Estuarine Research Reserve. In accordance with the approved
Conservation Collier Purchasing Policy, the purchase price of $4,750,000 was based upon the
average of two independent, state-certified general real estate appraisers.
--
From information received from The Conservancy of Southwest Florida, the Conservancy
brokered the donation of $125,000 to be utilized for the acquisition of the Malt property and
"Fiddlers Creek, a gulf bay community" is to be recognized as the donor. This amount is apart
and above the purchase price and will be paid to Malt either by the Conservancy or Fiddlers
Creek under a separate transaction.
The attached Agreement for Sale and Purchase provides that should the County elect not to close
this transaction for any reason, except for default by Malt, the County will pay Malt $47,500 in
liquidated damages.
The CCLAAC approved this transaction on April 11, 2005, and voted to recommend Board
approval and execution of the attached Agreement.
Pursuant to Ordinance 2003-63, Section 13(8), a Project Design Report for the property IS
provided herewith.
The Agreement has been reviewed and approved by the County Attorney's Office and
Environmental Services Department.
FISCAL IMPACT: The total cost of acquisition will not exceed $4,781,080 ($4,750,000 for
the property, $16,080 for the appraisals, and approximately $15,000 for the title commitment,
title policy, and recording of documents). The funds will be withdrawn from the Conservation
Collier Trust Fund (172). As of April ] I, 2005, property costs for all Conservation Collier
properties, including this property and other properties under contract, total $28,868,150.
.,",.--....
EXECUTIVE SUMMARY
Conservation Collier - Agreement for Sale and Purchase - Malt
Page 2
Agenda Item No. 16A2
April 26, 2005
Page 2 of 15
GROWTH MANAGEMENT IMP ACT: Fee simple acqUiSitIOn of conservation lands is
consistent with and supports Policy 1.3. I(e) in the Conservation and Coastal Management
Element of the Collier County Growth Management Plan.
LEGAL CONSIDERATIONS: The Conservation Collier Ordinance (2002-63) provides a legal
framework for property acquisition for the Conservation Collier Program. The process for
acquiring this property falls within the legal framework of Ordinance 2002-63.
RECOMMENDATION: Staff is recommending the Board of County Commissioners:
I. Approve the attached Agreement and accept the Warranty Deed once it has been
received and approved by the County Attorney's Office; and
2. Authorize the Chairman to execute the Agreement and any and all other County
Attorney's Office approved documents related to this purchase; and
3. Authorize staff to prepare related vouchers and Warrants for payment; and
4. Direct staff to proceed to acquire the property, to follow all appropriate closing
procedures, to record the deed and any and all necessary documents to obtain clear
title to the property, and to take all reasonable steps necessary to ensure performance
under the Agreement; and
5. Approve any necessary budget amendments.
PREPARED BY: Cindy Erb, Senior Property Acquisition Specialist
Real Estate Services / Facilities Management Department
,-
Agenda Item No. 16A2
April 26, 2005
Page 3 of 15
Conservation Collier Land Acquisition Proqram
Project Design Report
Date: April 11,2005
Conservation Collier Malt Property Location Map
iH-
Rookery Bay National Esluarine
Research Reserve
,+.
!L...9...... ". d - Malt Prop.~; I
¡-CoIherQ: Ur1tVRo8dS
DM.~P'~rty
l___~J Ro.....~6.y
Folio Numbers: 007411<160001
, I
1 ,4/10 Fooet
O..._"-R...._~'""'"-.....-
::-..::.::: ~=~::::-.,.:=:::..
=:::O~_'H"-"_"""",
Property Owner: Robert C. Malt
Folio(s): 00741960001
Location: Located on the west side of SR 951 at Shell Island Road, the entrance to Rookery
Bay National Estuarine Research Reserve.
Size: 83.18acres
Appraisal/Offer Amount: $4,750,000*
History of Proiect:
Received Selected for the "A" Approved for Purchase offer Offer Accepted
application category, #1 purchase by BCC made to owners
priority, on the
Active Acquisition
List bv CCLAAC
8/27/03 12!l5/03 1/27/04 9/24/04 - expired 3/23/05
after several
extensions on 2/9/05.
Same offer made
a!!:ain 3/2/05
Agenda Item No. 16A2
April 26, 2005
Page 4 of 15
Purpose of Proiect: Conservation Collier
Pro!!ram Qualifications:
This parcels fulfills program qualifications by satisfying all applicable screening criteria. It is an
example of one of the unique and endangered plant communities listed as preferred by the
Conservation ColJier Ordinance (tidal freshwater marsh). The nearly pristine marsh habitat is
considered an outstanding aesthetic feature. Mapped soils on this parcel include Durbin and
Wulfert Mucks, which are considered to be tidally influenced. This parcel provides habitat for
wetland dependent species, water quality enhancement for the adjacent Rookery Bay, an
Outstanding Florida Water, and will provide on-site attenuation of floodwaters. Listed species
observed on the property include wood stork (Mycteria americana), white ibis (Eudocimus
albus), snowy egret (Egretta thula), tricolored heron (Egretta tricolor), little blue heron (Egretta
caerulea), and American alligator (Alligator mississippiensis). A number of listed plant species
were also observed on the property, including leather fern (Acrostichum sp. - both species are
listed) and several listed Tillandsia (Bromeliad) species. Restoration potential is high, as the only
major restoration project would be to remove the old roadbed crossing the property.
Legal and physical access exists from C.R. 951 on the east boundary, and from Shell Island
Road. There is no vehicle access from c.R. 951, but there is access via Shell Island Road, which
cuts diagonally across the southeast comer of the property, is a part of this parcel but also
provides access to state and Conservancy-owned lands to the west and is also used by the public
to access Rookery Bay for fishing at the end of Shell Island Road. Collier County has entered a
cooperative agreement with the state to fill and grade the road on at least one known occasion, in
2003. This parcel is directly adjoining the Rookery Bay National Estuarine Research Reserve
(RBNERR) and will serve to buffer and protect it rrom the effects of development on
neighboring properties. See the Initial Criteria Screening Report for full criteria evaluation.
Proiected Mana!!ement Activities:
Projected management activities will include removal of invasive exotic plants, removal of old
roadbed, posting signs identifying it as Conservation Collier preserve lands. There is potential
for development of a small parking lot and viewing platfonn along Shell Island Road, but this
will be detennined at preparation of the final management plan, within 2 years. Staff will be
meeting with RBNERR staff to develop a Memorandum of Agreement allowing Rookery Bay to
incorporate the parcel into its existing management program.
*In addition to the Conservation Collier offer amount, the Conservancy brokered a separate
donation of$125,000 to be utilized for the acquisition of the Malt property. "Fiddlers Creek, a
gulf bay community" is to be recognized as the donor.
Item Number
Item Summary
Meeting Date
A[.J.enda Item No. 16A;?
, April 26, 2005
PagfJ 5 of 15
COLLIER COUC'lTY
BOARD OF <:OUNTY <:OMMISSIONERS
16.42
Recommendation to approve an ,':"'greemenl for Sale and Purchase with Robert C. r,,1alt for
83.1 B acres under 1he Conservation CoWer Umd Acquisition Program, at a cost not 10
exceed $4781.080
412612005 9:DO.00 AM
Prepared By
4,1g!2005 Zt59:45 PM
CIOdyM.Erh
Administrative Sel"'/kcs
Dat~
Senior ProP(!WI At:qun.ition SflC!cmlìs.t
F'açilities Manag~ment
F.lcili\ip.... Managl"m~nt Dir~clor
D.êlb./
Approved By
SkiP Camp, C.F.M.
Administrative Servíc~s.
Facilities M.:malJel'r¡.ent
4/.1312D05 3:0" PM
Sandra Lea
Date
Approved By
Community Dp.velopnlC!rlt 8.
EnvifOnU'1ent¡~15e""'¡cl!'\õ
Executive Secretary
Community Ol!!:yp.lopmeni ""
Env.tonnH?nt:.11 Servjc~!J; Adtnin.
4!8/2005 4:29 PM
Approved By
V¡¡ìI!i.am D, Lorenz. Jr., P .E.
Community Development &
Etwironmcnt-.I Services
Environmental Services Director
Date
E!wír(lf"n~l1tal 5(Hvíl~t!'!i
4i111200511 :05 AM
Re-a.! Es.tate Services Manager
Date
Approved By
Charl~$ E, Carringlon, ,ir..
5RfWA
Adl11iniç.trative Services.
Facilities Management
4f11/200511:12AM
Alexandra J. SUledti
Dat~
Approved By
C( mmunity Dl!v(!¡optn~l1t &
Environmental S~rviçes
Senior Environmental Specialist
Environmental Services
411212005 3:58 AM
Datt!'
Approved By
Jos.r.pn K. Schmitt
Community Development &
Environmental Services
Community DevelQprntwt &
Environmental Services. Adl'l1ilatratot
Community D,e.velopment &
EIl'Jironnlelltal Services Admin.
4/12tl005 9:50 AM
Dah~
Approved By
OMB Coorditl<llor
County Manager's; Oftic~
AdminlS1nttiv-e Ässi.'Ç.t;¡nt
Office of Mal}agernent & Budget
4j12/2005 1 :59 PM
Budg~t A.nalys.t
Date
Approved By
Mark Is.a;;kson
County Mamlg<r.r''S Otfl<;",
Offìç~ 01 MmHlgement 8. Budget
4/15/20053:53 PM
Managemcnt & Budget Director
Date
Approved By
Michad Smykcw.¡sld
County Manager'.$ Office
Offir;t" of Management & Budget
4/15/2005 4:<4-' PM
Date
App."oved B)'
Jtlmi~\i V. Mudd
Board ot CoulEty
Commiss;ioners
County M~n;ilfli~r
Coonty Manager's. Ottice
4/15120055:05 PM
CONSERVATION COLLIER
Property Identification Number: 00741960001
Agenda Item No 16A2
April 26, 2005
Page 6 of 15
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between ROBERT C. MALT,
whose address is 1897 Palm Beach Lakes Boulevard #212, West Palm Beach, Florida,
33409-3509 (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political
subdivision of the State of Florida, its successors and assigns, 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 the purchase price and upon the terms and conditions
hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase
from Seller the Property, described in Exhibit "A".
II. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be Four
Million Seven Hundred and Fifty Thousand Dollars, ($4,750,000) (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 ninety (90) days
following execution of this Agreement by the Purchaser, unless extended by
mutual written agreement of the parties hereto. 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
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 and encumbrances other than:
(a) The lien for current taxes and assessments.
1
..
CONSERVATION COLLIER
Property Identification Number: 00741960001
Agenda Item No. 16A2
April 26, 2005
Page 7 of 15
(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.
3.012 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 Title
Company verifies that the state of the title to the Property has not
changed adversely since the date of the Jast endorsement to the
commitment, referenced in Section 4.011 thereto, and the Title
Company is irrevocably committed to pay the Purchase Price to Seller
and to issue the Owner's title policy to Purchaser in accordance with the
commitment immediately after the recording of the deed.
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, homestead and any other
applicable exemptions and paid by Seller. 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.
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 TA Commitment for an Owner's Title Insurance Policy
(AL TA Form B-1970) covering the Property, together with hard copies of all
exceptions shown thereon. Purchaser shall have thirty (30) days, following
receipt of the titJe insurance commitment, to notify Seller in writing of any
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.
:2
CONSERVATION COLLIER
Property Identification Number: 00741960001
Agenda Item No. 16A2
April 26, 2005
Page 8 of 15
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
survey of the Property prepared by a surveyor 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 surveys of the Property, if any, to Purchaser within thirty (30) days
of execution of this Agreement.
V. INSPECTION PERIOD
5.01 Purchaser shall have sixty (60) days from the date of this Agreement,
("Inspection Period"), to determine through appropriate investigation that:
1. Soil tests and engineering studies indicate that the Property can be developed
without any abnormal demucking, soil stabilization or foundations.
2. There are no abnormal drainage or environmental requirements to the
development of the Property.
3. The Property is in compliance with all applicable State and Federal
environmental laws and the Property is free from any pollution or
contamination.
4. The Property can be utilized for its intended purpose.
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 V 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 and
conducting site analyses, soil borings and all other necessary investigation.
Purchaser shall, in performing such tests, use due care and shall be responsible
for any loss or damages occasioned thereby and against. Seller shall be notified
by Purchaser no less than twenty-four (24) hours prior to said inspection of the
Property.
3
CONSERVATION COLLIER
Property Identification Number: 00741960001
Agenda Item No. 16.11.2
April 26. 2005
Page 9 of 15
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
7.01 Purchaser shall be entitled to full possession of the Property 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 2004 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 of one 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.
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.
4
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CONSERVATION COLLIER
Property Identification Number: 00741960001
Agenda Hem No, '16A2
April 26. 2005
Page 10 of 15
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 Article shall be true on the date of this
Agreement and as of the date of Closing. Purchaser's acceptance of a deed
to the said Property shall 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, unless otherwise stated herein.
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 written 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 to the best of his knowledge without investigation
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 actual knowledge that any pollutants are or have been
discharged from the Property, directly or indirectly into any body of water.
Seller represents to the best of his knowledge without investigation 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 actual 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 Seller's ownership thereof. Seller represents none of the
Property has been used as a sanitary landfill, during Seller's ownership
thereof.
10.018 Seller has no actual 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 To the best of Seller's knowledge, 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.
5
CONSERVATION COLLIER
Property Identification Number: 00741960001
Agenda Item No. 16A2
April 26. 2005
Page 11 of 15
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 enter 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 for a period of twelve
(12) months 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
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 Pu rchaser:
Alexandra Sulecki, Coordinator
Conservation Collier Land Acquisition Program
Collier County Environmental Services Department
2800 North Horseshoe Dr.
Naples, Florida 34104
Telephone number: 239-732-2505
Fax number: 239-213-2960
6
CONSERVATION COLLIER
Property Identification Number: 00741960001
Agenda Item No. 16A2
April 26, 2005
Page12of15
With a copy to:
If to Seller:
With a copy to:
Cindy M. Erb, Senior Property Acquisition Specialist
Collier County Real Estate Services
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
Telephone number: 239-774-8991
Fax number: 239-774-8876
Robert C. Malt
1897 Palm Beach lakes Boulevard #212
West Palm Beach, Florida, 33409-3509
Telephone number: 561-471-8494
Fax number: 561-471-8456
Richard D. Yovanovich, Esq.
Goodlette, Coleman, & Johnson, P.A.
Northern Trust Bank Building
4001 Tamiami Trail North
Naples, FL 34103
Telephone number: 239-435-3535
Fax number: 239-435-1218
11.02 The addressees 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 bfoker 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.
XIII. MISCELLANEOUS
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 shall 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.
7
CONSERVATION COLLIER
Property Identification Number: 00741960001
Agenda Item No. 16A2
April 26, 2005
Page 13 of 15
13.06 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 review and recommendation for approval by the
Conservation Collier Land Acquisition Advisory Committee, and acceptance and
approval by the Board of County Commissioners of Collier County, Florida. If this
Agreement is not approved by the Conservation Collier Land Acquisition Advisory
Committee, and the Board of County Commissioners by May 31, 2005, this offer
will be null and void and neither party shall have any rights or obligations
hereunder.
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 before 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 govemed and construed in accordance with the laws of
the State of Florida.
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
and dated by both Purchaser and Seller. Time is of the essence of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have signed below.
Dated Project/Acquisition Approved by BCC:
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
, Deputy Clerk
FRED W. COYLE, CHAIRMAN
8
CONSERVATION COLLIER
Property Identification Number: 00741960001
AS TO SELLER:
DATED: C+ Ob-cOJ
cãE~ ' . {~jL
I "," co) tJf;)
(Y1~ r h'f' / (f? CAÄ, TrnJ
rinted Name)
u..\-\'t" M m A 1-6
(Printed Name)
Approved as to form and
legal sufficiency:
.Jb--<-. ~ ~
Ellen T. Chadwell
Assistant County Attorney
"-.---.---
A~1enda Item No. 16A2
April 26. 2005
Page 14 of 15
7dJ/
9
A~lenda Item No. 16A2
April 26. 2005
Page 15 of 15
EXHIBIT "A"
PROPERTY IDENTIFICATION NUMBER: 00741960001
LEGAL DESCRIPTION:
THE WEST HALF (1/2) OF THE SOUTHWEST QUARTER (1/4) AND THE
SOUTH HALF (1/2) OF THE SOUTH HALF (1/2) OF THE SOUTH HALF (1/2)
OF THE NORTH HALF (1/2) OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA, LYING WEST OF STATE ROAD 951;
LESS AND EXCEPT THOSE LANDS, A/KJA PARCEL 101, ACQUIRED BY
COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE
OF FLORIDA, THROUGH EMINENT DOMAIN PROCEEDINGS IN CASE NO
CA-87-0308, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Parcel 1 01
ALL THAT PART OF THE WEST ONE-HALF OF THE SOUTHWEST
QUARTER AND THE SOUTH ONE HALF OF THE SOUTH ONE HALF
OF THE SOUTH ONE-HALF OF THE NORTH ONE-HALF OF SECTION
15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, LYING WESTERLY OF
EXISTING STATE ROAD S-951 (100 FEET WIDE) BEING A PARCEL 83
FEET WIDE (AS MEASURED ON A PERPENDICULAR) WITH THE
EASTERLY LINE OF SAID PARCEL BEING THE WESTERLY LINE OF
SAID RIGHT-OF-WAY 100 FEET WIDE AND SAID EASTERLY LINE
LYING 17 FEET WESTERLY FROM (AS MEASURED ON A
PERPENDICULAR) THE FOLLOWING DESCRIBED CENTERLINE OF A
PROPOSED RIGHT-OF-WAY 200 FEET WIDE:
FROM THE SOUTHWEST CORNER OF SECTION 15,
TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, RUN SOUTH 88 DEGREES 58
MINUTES 22 SECONDS EAST ALONG THE SOUTH LINE
OF THE SOUTHWEST CORNER OF SAID SECTION 15
FOR 1138.93 FEET TO THE CENTERLINE OF
CONSTRUCTION OF STATE ROAD 951 (200 FEET WIDE)
AT STATION 294+04.46 AND THE POINT OF BEGINNING.
FROM SAID POINT OF BEGINNING, RUN NORTH 02
DEGREES 28 MINUTES 03 SECONDS EAST, PARALLEL
WITH AND 33 FEET WESTERLY FROM (AS MEASURED
ON A PERPENDICULAR) THE CENTERLINE OF STATE
ROAD S-951 (100 FEET WIDE) FOR 15,452.33 FEET TO
STATION 448+56.79 AT THE CENTERLINE OF U.S. 41
AND THE END OF THE HEREIN DESCRIBED
CENTERLINE.
SUBJECT TO AN EASEMENT OVER THE WESTERLY 100' THEREOF, IN FAVOR OF
LEE COUNTY ELECTRIC COOPERATIVE, INC.
-~ --- _._---_.".._-_._~~ ._----,
,,------'""'-.-.--------
Agenda Item No. 16A3
April 26, 2005
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation to approve Resolution 2005-_ approving a Target Protection Areas
outreach mailing strategy for Conservation Collier's third property selection cycle.
OBJECTIVE: For the Board of County Commissioners (BCC) to adopt the attached Resolution
approving a Target Protection Areas outreach mailing strategy for the third property selection
cycle.
CONSIDERATION: In the past 2 property selection cycles, the BCC has adopted Resolutions
2003-196 and 2004-175 that implemented the Conservation Collier Land Acquisition Advisory
Committee's (CCLAAC) recommendation for a Target Protection Areas outreach mailing
strategy. That recommendation included direction to forward subsequent outreach mailing
strategies to the BCC for approval, as the program advances on the ordinance requirement of
mailing to all property owners within Target Protection Areas. On March 14, 2004, after
recommendation from the Outreach subcommittee, the CCLAAC discussed and made
recommendations for a 3rd cycle Target Protection Areas outreach mailing strategy (attached as
Table I and Map I) and directed staff to bring these recommendations to the Board of County
Commissioners for approval. Approval by resolution of these recommendations by the Board
of County Commissioners will allow staff to move forward with a mailing of interest letters.
,-
FISCAL IMPACT: The fiscal impact of developing a Target Protection Areas mailing list with
approximately 781 letters will be approximately $320. Sufficient funds for this effort have been
budgeted in the Conservation Collier FY05 Budget.
GROWTH MANAGEMENT IMP ACT:
Fee-simple acquisition of conservation lands is consistent with and supports Policy 1.3 .1 (e) in
the Conservation and Coastal Management Element of the Collier County Growth Management
Plan.
LEGAL CONSIDERATIONS:
The Conservation Collier Ordinance (2002-63), in section 10.3(1-4), identifies a list of Target
Protection Areas. Section 13.1 provides for update of the Target Protection Areas List and
mailing of letters to owners within them. Recommendation of a Target Protection Areas
outreach mailing strategy by the Conservation Collier Land Acquisition Advisory Committee for
Board approval and resolution falls within this legal framework.
RECOMMENDATION:
That the Board adopt the attached Resolution approving the Target Protection Areas outreach
mailing strategy for the third property selection cycle in the Conservation Collier Program.
PREPARED BY: AlexandraJ. Sulecki, Coordinator, Conservation Collier Program
.-
Agenda Item No. 16A3
April 26, 2005
Page 2 of 7
Table 1. Identified general areas for 3rd cycle Target Protection Areas outreach mailing strategy
Area Objective Criteria for selection TPA
Lands along the Immokalee Road corridor in
Township 47 S, Range 47 E, located west of
Immokalee Rd., along the west side of 5 acres or greater and Sending
I Corkscrew Sanctuary and just to the north of undeveloped and Non-TPA
Immokalee Road in the Corkscrew Island Area.
Area to include sod farms and cypress strand
south of the Corkscrew neighborhood.
Any wetlands and scrub areas in the lmmokalee At least 50% vegetated Urban
II urban area and undeveloped,
III Commission District III parcels 5 acres or greater and Urban and NGGE
undeveloped
IV (a) Camp Keais Strand, and Undeveloped HSA/FSA
(b) Okaloacoochee Slough
2
Agenda Item No. 16A3
April 26, 2005
Page 3 of 7
Map 1. Identified general areas for 3rd Cycle Target Protection Areas outreach mailing strategy
Conservation Collier
Cycle III TPA Mailing Strategy
wf,
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o
. I ¡ i
4 8 Miles
--...-
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I /: '"'82._
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~ Area II
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Item Number
Item Summary
Meeting Date
Ac¡end:::¡ Item No 1 ôA3
- Aüril 26, 2005
. PBgP 4 d 7
COLLIER COLJ'iTY
BOARD OF COUNTY COMMISSJONfRS
16.A.3
R€con1'l1€'ldallon 10 appro'.¡e Resoiu1io'l 200.5,_ 30pi'ovfng ;3 Ta~get Protection Areas
o,¡1reach rnailf'1g strategy for CCJ1se-rvatlon Cc:liter';¡; third pr.Jpe~y sel<.;çtion cyciE:
4 ;25:2005 9 00: 80 N\l1
Prepared By
4.'4-/2005 4:44:4-u PM
Ale}lantJra J. Sul~d;i
Communrty De'l€lopmen1 &
ErwironrJ'lelltal Services
D~t¡~
SE~nk>l E!wjronmentill Specia!is!
EnvirQTEf!1(,l1tal SmvlI;!1~
Dat~
Approved By
Sandra Lea
Comrnut'lity D~vl~klprrH~')t &
Er!yin>nmtmlaIScrv!çes
EXf!:ctJlilfe SE!cr~tilry
ComrmH1ity D,~\'duþlTlent &
Erovir( Hn"'t,t¡~1 S,~,vÜ:;'~j; Adrnjll.
4il)!2Q05 1 :34 PM
Date
Approved By
Wilti3m D. lorenz. Jr. P.E
Community DevelopnlE!n1 &
Environmental SN'¡icC's
Envil"onment:JI 5e/'Vlces. Director
EnvirmH~)enlal Sl!!nI ices
41'11/20Q5 '/1:10 AM
Date
Approved By
Joseph K. Schmi1!
Community Development &
Environment.a! Ser¡icê~
Cnmrrl!JniW [)~v(dopm'mt,\
Environmf!nI",,1 S(::rvi<:~s Admin.'\.tmt(t'
Community Develoþment &
Environmental Service$ Admin.
4.1121:0059:52 AM
)~t('
Approved By
Michael Pf,ttit
COlmty At1orn~y
Cruef As.,..i..tant Cou..,ty At1om~y
Count): Atln'-III~Y OttICr.
4i12/,20051:20 PM
Date
Approved By
OM8 Cooltimator
County Manaq~r''$. 01fic~
Administrative Assistant
Office of Mao<fgemf'nt 8. BUdgd
4,112:120052:51 PM
Datr.
Approved By
Mark !sa¡;kSUH
CO~ln~y M""a91~r',, OHIt;e
811¡19~t ;,nalysl
Dliief' or M"n~g(!ment & Budgel
4115!2005 4:04 PM
Date
Appro"'ed By
Michael Smykows.ki
COlH1ty Manager"" Office
M,¡¡nage-rnent <1. Budget Oirectol
Office of Management & BtH.Jgct
4!1511005 5:00 PM
Date
Approved B}'
James; V. Mudd
Board of Calmty
Commis.sioners.
CCH!nty Man:u;lr.r
County Mönagct··s OfÜce
4/15120055;53 PM
Agenda Item No. 16A3
April 26, 2005
Page 5 of 7
RESOLUTION NO. 2005-____...
A RESOLUTION OF T1:ΠBOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF COLLIER,
FLORIDA, APPROVING A TARGET PROTECTION AREA
MAILING S11lA TEGY FOR THE CONSERVATION
COLLIER LAND ACQUISITION PROGRAM'S THIRD
PROPERTY SELECTION CYCLE~ PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Col1ìer County has recogniz.ed the need to plan for future growth and
has initiated a long-term program, known as Conservation CoWer, to acquire, protect,
restore and manage environmentally sensitive lands in perpetuity and to provide public
open space for the benefit of present and future generaUons; and
WHEREAS, the Conservation Collier Program includes identification and
protection of Conier County's natural resources, includll1g upland and wetland
communities, native plant communities, endemic species, endangered specìes habitat,
water resources, and aesthetic or other natural features; and
WHEREAS, protected lands include those that provide appropriate natural
resource-based recreational and educatìonal opportunities, protect local water resources.
provide nood control: Hnd
WHEREAS, the Conservation Collier Implementation Ordinance {hereafter
refcned to as "Ordinance No. 2002-63" has described Target Protection Areas (TP As);
and
WHEREAS, Section 13 (1) of Ordinance No. 2002-63 provides that county staff
wìl1 scnd letters of inquiry to aU property owners within these Target Protection Areas.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SIJ:CrION I. Findings
It is found and declared that:
(A) The cost of a simultaneous maiJing of letters to 'II! property o\vners within an
Target Protection Areas will be approximately $40.000. as opposed to $320 for a
proposed third cycle mailing to criteria-based propertics from identified Target
Protection Areas and other areas that meet program goals and criteria.
(B) The goal for a rca.!ístic number of properties for staff to process and for the
CCLAAC to evaJuate and rank in creating the third Active Acquisition List was
~""«'''''''''--''''
Agenda Item No. 16A3
April 26, 2005
Page 6 of 7
originally determïned to be 35 or lcss~ but after 2 cy"c)es of ex.perience is
rcaJislically approximately 25 to 30.
(C) Using estimated rates of retum of positive interest generated by propetty o'vvner
interest letters in both the I ,£ and 2nd selection cycles, it has been determined that
mailing approximately 871 interest letters will result in approximately 26 parcels
for review and ranking on the Active Acquisition List. Staff anticipates some
additional number of owner and public nominations as well.
(D) There has been a subcommittee recommendation that \vas unanimously approved
by CCLAAC on March 14, 2005, endorsing a strategy for a mailing outreach
effort. This strategy is to modify the broader TPA list into a more manageable
partition of that Jist, targeting lands within the Urban, Sending Habitat
Stewardship and Flow-way Stewardship Areas TPAs. AdditionaJly,
recommendation was made for mailing to some non-TPA parcels adjacent to
TPA lands that are likely to contllin high quality environmental reSOlJfces.
(E) With each successive mailing cycle, under current ordinance requirements,
appropriate lands within TPAs shall be targeted by means of a criteria-based,
equitable distributed, phased mail1ng until all undeveloped properties within the
TPAs have been sent an inquiry leuer or a1l Conservation Collier funds have been
spent.
(F) The CCLAAC is authorized by Ordinance No. 2002-63 to recommend an update
to the Target Protection Areas List and selection strategy to the Board of County
Commissioners to fulfill the purposes of the Conservation Collier Program.
(G) This resolution is adopted pursuant to applicable provisions of law.
SECTION U. Be it also resolved that Collier Countv Board of County Commissioners
adopt the fol1owing third-cycle Target Protection Areas outreach mailing strategy:
1. Staff shall send approximately 87 I imerest inquiry letters to owners of
undeveloped properties within the following areas that meet the follo\.'ving
criteria:
.~-~--
--
~
Criteria for
selection
I
1
TPA
Area
Objective
I
Lands along the Immoka!ec Road corridor
in Township 47 S, Range 47 E. located west
of lmmokalcc Rd.. along the west side of
Corkscrew Sanctuary and Just to !hl~ north
of Immokalec Road In the Corkscre\'..' Island
Area. Arca to indude sod farms and
cypress strand south 01 the COlberc\\'
neighborhood.
5 acres or greater
and undeveloped
Sending
(¡lnJ 11011- TI>i\)
-_.---
--,,-<-~
--
H
Any wetlands and scrub areas in the
Immokalee urban area
At least 50(/(,
vegetated and
undeveloped,
Urban
{:mtl non-Tf'A)
""_"<H..'N"~"""'_~'___""'~''''''
Agenda Item No, 16A3
April 26, 2005
Page 7 of 7
- ,
In Commission District lH parcels 5 acres or greater Urban, NGGE
and undeveloped (and 11011- TPA)
IV (a) Camp Kcais Strand and Undeveloped HSA/FSA
(b) Okaloacoochee Slough
--
2. Using a query to the County's GIS database, the number of parcels and acreage
involved in this interest inquiry letter mail-out using the above criteria and distributed
across TPAs is as follows:
I --
Number of Parcels Acreage
"",
1. Area I (Sending, Neutral, Rural Lands) 200 L947
2. Area II (Orban and Rur..u Lands) 211 22,738
3. Area 1 II (Urban. NGGE ¡md Ncurùt1) 95 7,704
4. Area TV œSA/HSASJ 365 93569
-......-....
r----..~_ Total 871 125,958
3. Subsequent mail outs wiJI include other properties from \lo,Iithin TPAs, however, p1ior
to the mail out, the CCLAAC shaJI re-evaluate priorities for purchase to fows efforts and
will forward this recommendation to the Board of County Commissioners for its
approval.
SECT10N lIt. Effective Date.
This Resolution adopted and made effecti ve this 26th day of April 2005, after motion,
second and m~jority vole favoring s.ame,
ATTEST:
DWIGHT E. BROCK Clerk
BOARD OF COUNTY COMMISSIOi'<'ERS
COLLIER COUNTY. FLORIDA
By:
By:
--""'^"«-~-~"----'-
Deputy Clerk
Fred W. Coyle, Chairman
Approved as to form and
::al~?v
Michael W. Pettit
Chief Assistant COllnty Attorney
, //1
/Î ---L /'/
//L,~t7-'
. ,- '..---...-.-.-.--......----......
Agenda Item No. 16A4
April 26, 2005
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to grant final approval of the roadway (public) and
drainage improvements for "Whippoorwill Lane (from Pine Ridge Road,
South to Stratford Place entrance". The roadway and drainage
improvements within the right"-of-way will be maintained by Collier County
OBJECTIVE:
To grant final approval of the infrastructure improvements associated with those
roadway and drainage improvements known as "Whippoorwill Lane (from Pine
Ridge Road, South to Stratford Place entrance)"
CONSIDERA TIONS:
1. On January 30, 2004, the Engineering Services Department granted
preliminary acceptance of the roadway and drainage improvements in
"Whippoorwill Lane".
2. The drainage improvements outside of the right-of-way will be maintained
by the neighboring homeowners associations.
3. The required improvements have been constructed in accordance with the
Land Development Code. The Engineering Services Department and the
Transportation Services Division have inspected the improvements and
are 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.
FISCAL IMPACT:
The roadway and drainage improvements within the right-of-way will be
maintained by the County Transportation Services Division through their
operations and maintenance budget.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
Agenda Item No. 16A4
April 26, 2005
Page 2 of 5
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the Resolution.
RECOMMENDA TION:
That the Board of County Commissioners grant final acceptance of the roadway
and drainage improvements in "Whippoorwill Lane (from Pine Ridge Road,
South to Stratford Place entrance" and release the maintenance security.
1. Authorize the Chairman to execute the attached resolution authorizing
final acceptance.
2. Authorize the release of the maintenance security.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review
Department
Aqenc.ia Item NG. 16A.4
~ April 26, 2005
Page 3 01 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16A4
Meeting Date
RecommendiJtton 10 gram final approval of tl1E! rOadway (p~ibilc) and drainage
Improvements for 'WhIPPCOlV:iil Lane (from Pine Rldg~ Road, Solrth to Stratford P1ace
enHance"). The roadway and drainage II"nprovemel11s wjt!,in the right~af,wa}' willlJ¡;;
maintained by Coliier County
4/26/20059:00.00 Þ.M
Prepared By
Date
Juhu Hl)ulâ~worth
Sf!njor EII ìne~r
4!4/2005 8:10:02 AM
Community Developtne,nt &
Environmental Services.
Engil1N"ring S(!r\fic~.'i
Approved By
Thomas E. Kuc.k, þ,E,
COES f'::nginaørìng .s~rvic"s Director
Datr.
Cmnrnunity DHv~tl )prnmlt &
Etwjrot)mf!nt;.t SP.!ViCIHö
CDES Engineering Services
4j4!2005 8:58 AM
Approved By
John Vlil!:t
Roads Maintenance Superintendant
Date
TnmsportÎDn Services
Road Maintenam;e
4/4/2005 9:09 AM
Approved By
Rìt;MdD V.d~m
Oitw::tl)Y
Dtlte
Tran,'Sportion 5NV~(:(!S
Sf(¡rmWiil:I(!t" Manageme.nt
41'4/200510:42 AM
Approved By
Sandta LE!;ð
EXeClJtjVI~ St!(;retnty
O¡ttf!
C<lmmut¡ity DI~Vflh)þ"wnt.&
Environmental ServÎce~
Comrnullity D ~vl~lowm~nt...
Environmental Services Admin.
'1812005 .s: 54 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Service.s. Admìn.s.trator
Date
CQmm\wity Development &
ErlvirOhm~!IIt'¡ll SE!rviC:'~1;
Community Development &
EnvÌJ<uurH:~lltaI5IHvÜ:.!t!i Adfnir¡,
4/13/20052:14 PM
Approved By
OMS Coordinator
Administrative Assistant
Date
County Manag<!\{'s ot1ice
Office of ManÖJ.gement 8. Budget
4;13/20053:1 G PM
Approved By
Mark Is~a;ktHm
BudH~t Ana!ys.t
Date
County Manager's. Offite
Offic.e of Management & Budg~t
411412005 4:54 PM
Approved By
Michal':1 Smyk<Jw'lõki
M;~n¡¡g~r\1(!n1 & Sud9ct Dire<;tor
Date
Cellrlty M,ma!I(!r',> Offi';f~
Offjl:'(~ I)f M;¡¡nagenmnl & Bud!le!
"-/15/20051 :53 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commìs!S.ioners
County Manager's Office
4115i200S 3;13 PM
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RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA TO AUTHORIZE FINAL ACCEPTANCE
OF THOSE ROADWAY AND DRAINAGE
IMPROVEMENTS IN WHIPPOOR WILL LANE
FROM PINE RIDGE ROAD SOUTH TO
STRATFORD PLACE ENTRANCE, RELEASE OF
THE MAINTENANCE SECURITY, AND ACCEPT
THE MAINTENANCE RESPONSIBILITY FOR THE
ROADWAY AND DRAINAGE IMPROVEMENTS
Agenda Item No. 16A4
April 26, 2005
Page 5 of 5
WHEREAS, the Developer has constructed and maintained the roadway and
drainage improvements in accordance with the approved plans and specifications as
required by the Land Development Code (Collier County Ordinance No. 91-102, as
amended); and
WHEREAS, the Developer is requesting final acceptance of the roadway and
drainage improvements and release of his maintenance security; and
WHEREAS, the Engineering Services Section of the Development Services
Department and the Transportation Services Division has inspected the roadway and
drainage improvements, and is recommending acceptance of said facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is
hereby granted for those roadway and drainage improvements in Whippoorwill Lane
trom Pine Ridge Road South to the entrance of Stratford Place subdivision and authorize
the Clerk to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the County accept the
future maintenance and other attendant costs for roadway and drainage improvements.
This Resolution adopted after motion, second and majority vote favoring same,
this day of ,2005.
DATE:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
Approved as to form and legal
sufficiency:
Jennifer A. Belpedio
Assistant Collier County Attorney
Agenda Item No. 16A5
April 26, 2005
Page 1 of 17
EXECUTIVE SUMMARY
Petition CARNY-2005-AR-7495, Fred Hollingsworth, President, Three Ring
Entertainment, Inc., d/b/a Holly Bros. Barney and Bidwell Circus, requesting a
permit to conduct a circus from May 9, 10, and 11,2005, at the Immokalee Regional
Airport located at 165 Airpark Boulevard.
OBJECTIVE:
Approval of a permit for Mr. Fred Hollingsworth, President, Three Ring Entertainment,
Inc., d/b/a Holly Bros. Barnes and Bidwell Circus to conduct a circus trom May 9, 10,
and 11, 2005, on County-owned property located at the Immokalee Regional Airport,
located at 165 Airpark Boulevard. The applicant is also requesting waiver of the surety
bond.
CONSIDERATIONS:
Mr. Fred Hollingsworth, President, Three Ring Entertainment, Inc., d/b/a Holly Bros.
Barnes and Bidwell Circus, made application to the Board of County Commissioners for
a permit to conduct a circus. Mr. Fred Hollingsworth, President, Three Ring
Entertainment, Inc., d/b/a Holly Bros. Barnes and Bidwell Circus, has presented evidence
that all the criteria have been met for the issuance of this carnival permit, other than the
waiver of the surety bond. Staff does not take issue with the request of the waiver of the
Surety Bond, as they have contracted with the Immokalee Disposal Company, Inc. for the
cleanup ofthe premises after the circus. The required insurance amount of$I,OOO,OOO.OO
has been purchased and the County named as additional insured.
FISCAL IMP ACT:
Approval ofthis petition would have no fiscal impact on the County.
GROWTH MANAGEMENT IMPACT:
There is no Growth Management Impact.
LEGAL CONSIDERATIONS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on
which a determination by the Board of County Commissioners (BCC) must be based and
has determined that it meets the criteria, specifically Article II Sections 10-26 through 10-
50 of the Collier County Administrative Code. These sections refer to the application
process, duties of sponsors and owners, waiver of requirements, and approval or permit.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve the permit to
conduct the circus and waive the surety bond.
PREPARED BY:
Cecilia K. Martin, Planning Tech
Department of Zoning and Land Development Review
1
Item Number
lIem Summary
Meeting Date
Agenda Ilaln No. leA5
April 26, 2005
Paga 2 of 17
COLLIER COUNTY
BOARO OF COUNTY COMMISSIONERS
ISA6
Petjtiol1 CARNY<2005~AR·7495, Fred Holhngsworth, President, Three Ring Entertajnml'nt.
Inc., d/b/Q Holly Bros. Birney snd BidweH CírcLls, requestmg a permil to conduct a circus
from May g, 10, snd 11, 2005, at the ln1mokølee Regional ,AJrport located at 165 Airpark
BDLlJevDrd.
4125120D5 9·0000 AM
Prepared By
4/14/20062:07:37 PM
Cflcill. Martitl
Co,nmun ty D.veloptnent &
Enviro"n,ental Services.
D.11111
Plu,mlnu Teuh
Zon,ng & Lnnd Dlf"llolopment Revh7w
DatEr
Approved By
Sandra Lna
C<lmmuulty D~vrtlf) :Ir"'trlt &
Envitotl,nental SOrvicB8
EJI.Gcutivlð Secretary
CUfnmunlty Oe~ltlopmlU!t"
Envit'{)l\nlnntal SClrvlcp..$ Adrnin,
4114/2005 2:30 PM
Dale
Approved By
Constance A. Johnl;on
Community Development &
Environl'fMntal S.rviclla
OperlltÞonG Analyst
CQmmunít~ D.velopment &
Environmental Storvins Admin,
4114/2005 2:50 PM
Doltl!!
Approved By
SUlf,an Murtny, AfCP
Community Development &
EnvirDnment.I Servíces:
Zoniur1 & l.8nd [hwnIQl>l'n~1r11 Dímçtor
ZO"f"(J & L..nd Dill'Voloþm..nt Review
4/14120063:31 PM
Dutill
Approved By
JUleph K. $chmlt1
Community Oevl!'lOpfnlMl1 &.
EnvirDnmltl'ltQ'Servícft$
Community Oevelopm.nt &
Environmental Service. Admin..trator
Conlfnumtv Development &
EovlrOftfnentul Sl.'rvlc.ew Ad,nín.
4/14120064:13 PM
Date
Approved By
OMS Coordinator
County Manager's Office
Admini$tratlve Anis'.nt
01"'&" of Mllnll4Jlfment & Budget
4115/20069:10 AM
Dote
Approved By
Ma" luckllon
Coun1y ManDge,'s omcC'
Budl.4~' Aflaly"t
ORicill' or ManAgement & BUdget
4/t 6120064:36 PM
Dut.
Approved By
Midlllul StJtykQw!$ki
County Mllnagl'r's Office
MUrltlfl411l'u/:>nt &. Budget Dir..çtur
Offic. of Man.gem."t & Budget
4119/20058:24 AM
D.tU'
Approved By
James V, Mudd'
Boa,d of County
Co,n",isllione,..
County Man8Qc,
County Manager's Office
4/18/200511 :20 AM
---
Agenda Item No. 16A5
April 26, 2005
Page 3 of 17
Three Ring Entertainment, Inc.
d/b/a Holly Bros. Barnes & Bidwell Circus
5151 Jungle Plum Road
Sarasota, FL 34276
---------
CARNY -05-AR-7495 Clrcusßmm Airport
April 12, 2005
Collier County Community Development
Attn: Ms. Cecilia Martin
2800 North Horseshoe Dr
Naples, FL 34104
Dear Ms. Martin:
You will find enclosed the following supporting papers in application for permit:
Receipt ftom Richard A. Brooks & Associates, L TD for liability insurance coverage.
My state occupational license # 990010069972, Sarasota County expiring 9/05.
Name and address of my headquarters is Three Ring Entertainment, Inc. d/b/a Holly
Bros. Barnes & Bidwell Circus, 5151 Jungle Plum Road, Sarasota, FL 34276
Description of activity is circus animal menageries and general related circus acts.
I have enclosed a copy of the contract with Collier County Airport Authority with map of
the property being used.
The dates for said circus are May 9 through May II, 2005.
Leo should be forwarding ftom lmmokalee Fire Department via email his letter of even
date and Sergeant Carter ftom the Immokalee sheriff's extension will be doing likewise.
Thank you so much for your help.
_~e&$j!~
Fred Hollingsworth, applicant
A
~-----.
Agenda Item No. 16A5
April 26, 2005
Page 4 of 17
<-
Official Receipt - Collier County Board of County Commissioners
CDPR1103 - Official Receipt
Trans Number
559623
Date
4/14/200511:23:42 AM
Post Date
4/1412005
Appl Name: THREE RING ENTERTAINMENT, INC
Appl Stage/Status: REVIEW STAGE NO. 1/PENDING
Address: 5151 JUNGLE PLUM ROAD SARASOTA FL 34276
Proj Name: HOllY BROS BARNES & BIDWEll CIRCUS
Type: TAZ: 228
Subdlv Nbr: 100
Project Nbr: 2005040043
Payor : HOllY BROTHERS
Fee Information
Gl Account
13113832634122000000
Total
Payments
Pa ent Code
CHECK
Account/Check Number
1052
Memo:
Collier County Board of County Commissioners
CD-Plus for Windows 95/NT
"-,_._-,~---,-
Total Cash
Total Non-Cash
Total Paid
Nbr
Amount Waived
275.00
275.00
Amount
$275.00
$0.001
$275.00
$275.00 I
Cashierllocatlon: GARRETT _S / 1
User: WllLOUGHBY_C
Printed:4/14/200511:24:10 AM
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Agenda Item No. 16A5
Aprìl26,2005
Page 5 of 17
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CARNY -05-AR-7 495 Circusnmm Airport
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CA.R.NIV AL OPERATION rluI uON
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Agenda Item No. 16A5
April 26. 2005
Page 6 of 17
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SPONSO-' NO'IU!CATION FORM: FOR TE.MPoKARY EYU:".:.'Z
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Agenda Item No. 16A5
April 26, 2005
r å8t:; ." or 1 f
CARNY -OS-AR-749S Circusllmm Alrpo~
(i)
INDIVIDUAL BOOTH NOTIFICA11ON ro!l.~ FOR TE-'"~~...\r..~ E~f=:-,~¡<'::
NaItIe or .E"'ui~ <:: " ¡.. 'tv'.s
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IMM.DISPOSAL.
2396:577478
l'll.e.l..'-f'ì (GA,..
2o"ërruson AveDUe
IJI1mokIJee, Fl 3414Z
Phone (239) 657-2729
Fax (239) 657·7478
AprI' 14, 2006
.~----,----
AttentÎOD: eecnia Martin
Ho11y Brothers Bain. II: BidweJ1 Circus
5141 Juu¡le Plum Road
Saruota, Florida 34276
CARNY..o5-AR-7495 Circusßmm Airport
0: Service Letter
Upon request. Immokalee Disposal Co, Inc., is providing the foUowing prbqe
removal senice for:
Holly Brothers Baines &: Bidwell Circus
Airport Park
Corner of 846 B & State Road 29 S
Immokalee, Florida
(Sctnicø. u IøJJøWII UII/" tNlltollltl.l' 'utbon....J
-----------yo yard roU-ofhontaincu'--
If you have any questions, please contact me at 657-2729.
S~y,
~(M.~-~ CLl~
Linda Conin.
----
..~.
.'.
Agenda Item No. 16A5
Apríl26,2005
CARNY Page 9 of 17
-05-AR-7495 Circus/lmm Airport
LETTER OF AGREEMENT BETWEEN HOLLY BROTHERS BARNES & BIDWELL THREE
RING CIRCUS. INC AND THE COLLIER COUNTY AIRPORT AUTHORITY AT THE
IMMOKALEE REGIONAL AIRPORT
Attn:Fred Hollingsworth IV
5151 Jungle Plum Rd
Sarasota, FL 34242
Collier County Airport Authority
2003 Mainsail Drive
Naples, FL 34114
This agreement between Holly Brothers Barnes & Bidwell Three Ring Circus, (user) and the
Collier County Airport Authority (Authority) is for the temporary use of the track of land shown
in Exhibit "A". The land shall be for the sole use of a Circus. Whereas the user satisfies all
Authority requirements, then the Collier County Airport Authority shall approve the use of the
land.
1. It is agreed that no activity will be allowed which in the sole discretion of the Authority
interferes with the safe operation of the Airport, or which constitutes an extreme hazard
under the Airport Height Zoning Regulations.
2. The operation shall be limited to the area depicted on Exhibit "A" and the user will be
responsible for all public control, security, clean-up of the site, and returning the site to its
original condition after use. The user will provide a $ 1,000.00 deposit that will be
returned to the user if said site is returned to its original condition.
3. The user will be permitted to take control of the area depicted on Exhibit "A" effective
May 9,2005, through-sunsetof May 11, 2005. This Agreement and the user's
occupancy of said area shall be at no cost to the Authority.
4. The user agrees to maintain and enforce during this event Comprehensive General
Liability Insurance in the amount not less than $500,000 and will add the Airport Authority
and Board of County Commissioners as an additional insured. An acceptable Certificate
of Insurance evidenced such coverage shall be delivered to the Authority prior to the
approval of this Letter of Agreement.
5. The user agrees that its activity will not create a public nuisance and that the activity
proposed shall be conducted in accordance with all Federal, State and local laws.
6. The user shall identify and perform adequate measures to ensure that no persons are
permitted to wander outside the area depicted on Exhibit "An.
7. The user shall submit an acceptable plan identifying details, schedules, and personnel
required to successfully conduct the proposed activity prior to the Authority approving this
-1-
..
Agenda Item No. 16A5
April 26, 2005
Page 10 of 17
Letter of Agreement. Once the plan Is approved, It shall become part of this Letter of
Agreement and it shall adequately address and include the following points of concern:
a. Access to the area;
b. Access to the Airport;
c. Control of persons from wandering outside area identified on Exhibit "A";
d. Control of the flow of traffic;
e. Parking Plan;
f. Any temporary construction (fences, corals, port-o-Jets...)'
g. Bleacher and tent locations and heights;
h. Emergency Safety Plan;
i. Ground Control;
j. Concession Plan;
k. Weather Contingency Plan including altemative days;
I. Cleanup operations;
m. Advertising and community impact.
8. The user agrees to indemnify and save harmless the Authority, Board of County
Commissioners, members of their boards, their officers agents, and employees of and
from all claims, demands, debts, liabilities. and cause of action (including attorney fees
and cost) what so ever resulting from Its operations at the Airport of while in or upon or
with respect to the use of any part thereof.
9. Fees: For the privilege of using the area depicted on Exhibit "A: the user shall pay in
advance $450.00 pi s applicable sales tax of $ 27.00.
-e'i
Signat re of Authorized
Representative
o.Jþ;?r
, Date
;I.it ~ ".I/Jdà-Jh d:fl
ype Name
o/ýI3/Jt:I(.&,
Phone
5'/S-¡ JVhJ/~ fl()~j, /~
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Address
In signing this document, the above individual warrants and certifies that he is a bonafide
representative of the user and has full authority to obligate said user of the provisions agreed
:P::::: - <\J lL~~ 3r~Ç
Airport Manager Date
Collier County Airport Authority
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Agenda Item No. 16A5
April 26, 2005
Page 11 of 17
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---.... ---.-., --- - --..
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Agenda Item No. 16A5
MFft 26. 2æ5 1: 4Ð PM Appf ¡6, 2005
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RletiøØ A. 1lA00D AND MIOCIATI8, LTD.
t.., PARK AWL
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LOCATION: Immokalee gional irport
I 165 "Airpar ~lvd.
Imnaokalee, FL 34142
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ADD INSUAEDINRl!!GARDTOTHEOPERATIONSOFTHENNÆDIN8UAED: Board of Collier COQnty
Com issionera, Collier County Airport Authority
\l,.~JJ,.J r~ tr~~}.". .'",.Jo,:"','.' ,4.. ,> ", .,' ;~ , ..A"':~'1o..."~,, 'I'''. J '. ~ .. .~ .. (I. . . " ..~ ~, ~,t.:~1 ~ ~:~ '..:.' .;-,
.
Bo~rd of Collier Co. Comm1s81oners
c/~ Immokalee Regional Airport
T~ok.le., FL 34142
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CAR NY-05-AR-7495
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II ... . .. Agenda Item No. 16A5
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¡1CI~H CINtf15 i: wo~,:
JAN.12'2005 13:54 2396579489
rmrnokalee Fire Dept
#463Ågtñ~~2(tgM No. 16A5
April 26, 2005
Page 14 of 17
502 E. I'I'ZWMARXET ROAD,IMMOKALIE, fLORIbA 3<4141
IMMOKALEE FIRE CONTROL DISTRlCT
^pril 12, 2005
Fred HoDlÐsawonh
Hotly Brotbets. DlIml:s IlL BJ dwell
5151 Jungle Plum Rd.
Sarasota, ,./. 34242
Dear Fred Honinpworth,
The fmmokalee Fire COIlIroI Dbilriot will1)1'Ovido t1re protection and jnlJpeçtion. for tbc clrcua you ani
pJannin& for May 91h.11", 200' ou rhe 'mmoJcalee Roaional Ailpon Proporty. P1eue provide a copy of the
layout and malntuin 8 cop)' III' the layout, seating Dl'l'angmttenta, certificates and permit on !lite. When
pfønning the layout, keep In mind thaI the fire trueks MOd aççcss. Provide lit least .. 24' ftre Jane arollDd the
circus. No Smoking signs !!hall bo posœd. Fire oxtinluishcl\'s wlJ1 be llOoded per NFPA 10. Fire
C)¡tmiuishers slla.ll be inspectød IU1d taQed as requ.ited. PIIIII.Se call fur inspeçtiOß upon completion ohet
up.
It'you shuuld havUDY quesrJOD&, feu' /Tee to caIJ me It 6.57.211 I.
Sincerely,
1t'~
Fire Marshal
GnNERAL 01'f1CJ:! (941) 657·2111 rmn PREVENTION (1141) 6'7-270() J<i\X (941) 657-9489
----- -.------
---.. -_._. -
Apr 12 05 04:03p
CCSO - ISO
239-657-5708Agenda Item NcP.16A5
April 26, 2005
Page 15 of 17
~q£riff ¿Bon ~unt£r
Collier County Sheriff's Office
3301 Tam[ami Trail East
Building "J"
Naples, FL 34112
Telephone (AC 941) 774-4434
Apri112, 2005
Fred Hollingsworth
HoJly Brothers and Barnes Circus
5151 Jungle Plum Road
Sarasota, Floricfu 34242
Dear Mr. Hollingsworth,
111Ìs letter is to confinn that I have been advised of the upcoming Holly Brothers and
Barnes Circus that will be held on Monday, May 09 thru Wednesday, May 11,2005
between the hours of 4:30pm - 7:00pm.
Collier County Sheriff's Office presence will be available in the immediate area if any
problems should arise. If you have any questions, please call us for further assistance at
239-657-6168.
_..~ ------
S~dí
Lt. Michael ~lan
Collier CO\U1ty Sheriff's Office
ImrnokaJee Substation Lieutenant
MLD/vr
..n·___"_~--'-"·_·'_· .....
--.......--........,-',..
STATE OF FLORIDA:
COUNTY OF COLLIER:
Agenda Item No. 16A5
April 26, 2005
Page 16 of 17
Permit No.
PERMIT FOR
CARNIVAL EXHIBmON
WHEREAS, Fred Hollingsworth. President, Three Ring Entertaimnent, Inc., has made
application to the Board of County Commissioners of Collier County, Florida, for a pennit to
conduct a circus and;
WHEREAS, Fred Hollingsworth, President, Three Ring Entertainment, Inc., bas
presented to the Board sufficient evidence that aU criteria for the issuance of a permit to conduct
a circus as set forth in Chapter 10, Article II, Amusements and Entertainments, of the Collier
County Code have been satisfied and that such circus will be conducted according to lawful
requirements and conditions; and
WHEREAS, Fred Hollingsworth. President, Three Ring Entertainment, Inc said, bas
requested a waiver of the Surety Bond;
NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO, Fred Hollingsworth,
President, Three Ring Entertainment, Inc to conduct a circus on May 9, 10, and 11, 2OOS, in
accordance with the terms and conditions set forth in the petitioner's application and all related
documrts, attached hereto and incorporated herein for the foqowing described property:
(See attached Exhibit nAil)
The request for waiver of Surety Bond is hereby approved.
WITNESS my hand as Chairman of said Board and Seal of said County, attested by the
Clerk of Courts in and for said C01mty this day of 2005.
ATI'EST:
DWIGHT E. BROCK. CLERK
Approved as to Form aDd
Legal Sufficiency:
Marjorie M. Student
Assistant County Attorney
-~-_..
----
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA:
FRED W, COYLE, CHAIRMAN
Property Information Report
CDPR1002 - Property Information Report
-.-----.-
FOLIO NBR
0000000115560008
PARENT PARCEL
0000000000000000
BLOCK BLDG LOT UNIT RANGE TWP SECT STRAP
001 .000 29 47 03 472903 001. 0002EO
USE CODE
86
CLASS CODE
o
MILL AREA
5
TOTAL
211.43
ACSC
SHORT LEGAL
03 47 29 N1/2 E OF DITCH EXC
DB 31 PG 135 & THAT PORTION OF
VACATED ED SCOTT IMMOKALEE
AIRPORT UNIT 2 RES 88-67
XTRA LGL CNT
o
Agenda Item No. 16A5
Aprìl 26, 2005
Page 17 of 17
HDR REF FLAG
PREVIOUS OWNER
COLLIER COUNTY BOARD OF COMM
OWNER NAME
COLLIER COUNTY
OWNER ADDRESS
BOARD OF COUNTY COMMISSIONERS
3301 TAMIAMI TRL E
FULL LEGAL DESCRIPTION
03 47 29 N1/2 E OF DITCH EXC
DB 31 PG 135 & THAT PORTION OF
VACATED ED SCOTT IMMOKALEE
AIRPORT UNIT 2 RES 88-67
Exhibit "A"
Collier County
CD-Plus for Windows 95/98/NT
Printed on 4/14/2005 11:24:00AM
Page 1 of 1
Agenda Item No. 16A6
April 26, 2005
Page 1 of 4
......-.
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of "Coco Lakes Estate Homes"
OBJECTIVE:
To approve for recording the final plat of "Coco Lakes Estate Homes", a subdivision of lands
located in Section 23 Township 49 South, Range 25 East, Collier County, Florida, following the
alternative procedure for approval of subdivision plats pursuant to Resolution 99-199.
CONSIDERATIONS:
Engineering Review Section has completed the review of the construction drawings,
specifications, and final plat of "Coco Lakes Estate Homes". These documents are in
compliance with the County Land Development Code and Florida State Statute No. 177. All
fees have been paid. Security in the amount of 10% of the total cost of the required
improvements, and 100% of the cost of any remaining improvements, together with a
Construction and Maintenance Agreement for Subdivision Improvements, has previously been
provided and accepted by the Engineering Services Director and the County Attorney's office.
This would be in conformance with the County Land Development Code - Section 10.02.04.
Engineering Services Department recommends that the final plat of "Coco Lakes Estate
.- Homes" be approved for recording.
FiSCAL IMPACT:
Review and inspection fees for this project were paid in 1998 as part of the Coco Lakes
subdivision approval.
The County will realize revenues as follows:
Fund: Community Development Fund 131
Agency: County Manager
Cost Center: 138327 - Engineering Project Review
Revenue generated by this project:
Total: $525.00
The breakdown is as follows:
a) Plat Review Fee ($500.00 + $5.1ac) -$525.00
,-.....
GROWTH MANAGEMENT IMPACT:
The developer must receive a Certificate of Adequate Public Facilities prior to the final
approval letter.
ENVIRONMENTAL ISSUES:
There are no outstanding environmental issues.
HISTORICAUARCHAEOLOGICAL IMPACT:
Agenda Item No. 16A6
April 26, 2005
Page 2 of 4
There are no historical or archaeological impacts. If during the course of site clearing,
excavation or other construction activity, a historic or archaeological artifact is found, all
development within the minimum area necessary to protect the discovery shall be
immediately stopped and the Collier County Code Enforcement Department contacted.
LEGAL CONSIDERATIONS:
The County Attorney's office has reviewed and approved the plat and associated legal
documents.
RECOMMENDATION:
That the Board of County Commissioners approve the Final Plat of "Coco Lakes Estate
Homes" for recording.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
,-,.,.......,
Age"da l\el11 No. 16A6
April 26, 2005
Page 3 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Itlm Number
Item Summary
Muting Olio
16A6
Recommendation to approve for r~cord¡l1g the nnal plÐt o~ 'Coco Lakes Estate Homøs~
4/2612005 9 DO:OO AM
Prepared By
Datil'
John Hould:sworth
Community Dllv.topment &
Environmental S8IVices
Seni(ll Engit,e(lr
4I1112UU5 2:54:10 PM
Englruterlng SUf"'Ylcev
Approved By
ThDm.s e. Kuck. P,E.
CDF.S Engineering Slt-Nicea Direct'or
Dat.
C ) 'I1munj~y ()ftv ~lo')fn~nt "
Environmntlt.1 S(lIVlcft'
COES Englneeríng Services
4111/20053:46 PM
Approved By
Sandra Løa
Eucutlve Secretary
Community Development &
Environmentøl S.rvleea. Admin.
Oat.
Com"lunity DDvelopment &
Envlronm«lnt..1 Sorv/eft's
4/121200511:18 AM
Approved By
Jose-ph K. Sch,n tt
CUlnmulllty Devu opmtmr "
ErlVironmtlrlt.1 S.rvic..1 Adlnh\st"c,t(I'
Date
Community De\l.lopmenl &
£nvjronmenbll Services
Community Development &
Environtmintal Serv;cluJ Admin.
4113/20052:34 PM
Approved By
OMB Coardin.alnr
Adminia'tr.atlvt\' Ani",tanl
Datil'
County Manage,', Offi<:~
O11icfl (11 Mlm~'''I"l1l1nt & Budgftt:
4113120054:05 PM
Approved By
Mark lsacka.on
Budget Analyst
Date
County Mllrulgrr's Office
OfficI! of Munugament & Budget
4/14/20054:57 PM
Approved By
IYUc:hlleJ SrnykowJI (i
MllnlllJement & Budgflt Oinu:tor
Dute
CO,,"t\} M¡lntlg~"'1i O'I'Ir:v
ONice of MilnJlgClmant & Budoltt
4115120061:65 PM
Approved By
James; V. Mudd
County Manager
Date
Bni1rd 01 County
Commiuioncrs
County Munagar'tI Offlc !
4115/2005 3:20 PM
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Agenda Item No. 16A7
April 26,2005
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of "Independence Phase Two",
approval of the standard form Construction and Maintenance Agreement and approval of
the amount of the performance security
OBJECTIVE:
To approve for recording the final plat of "Independence Phase Two", a subdivision of lands
located in Section 31, Township 46 South, Range 29 East, Collier County, Florida, following the
alternative procedure for approval of subdivision plats pursuant to Resolution 99-199.
CONSIDERATIONS:
Engineering Review Section has completed the review of the construction drawings,
specifications, and final plat of "Independence Phase Two". These documents are in
compliance with the County Land Development Code and Florida State Statute No. 177. All
fees have been paid. Security in the amount of 10% of the total cost of the required
improvements, and 100% of the cost of any remaining improvements, together with a
Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and
accepted by the Engineering Services Director and the County Attorney's office prior to the
recording of the final plat. This would be in conformance with the County Land Development
Code - Section 10.02.04.
.-
Engineering Services Department recommends that the final plat of "Independence Phase
Two" be approved for recording.
FISCAL IMPACT:
The project cost is $1,382,309.02 (estimated) to be borne by the
developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer
Drainage,
Paving, Grading
- $584,322.35
- $797,986.67
The Security amount, equal to 110% of the
project cost, is $1,520,539.92
The County will realize revenues as follows:
,-
Fund: Community Development Fund 131
Agency: County Manager
Cost Center: 138327 -- Engineering Project Review
Revenue generated by this project:
Total: $25,114.65
Agenda Item No. 16A 7
April 26, 2005
Fees are based on a construction estimate of $797,986.67 and were paidFIf'4Je 2 of 4
November, 2004.
The breakdown is as follows:
a) Plat Review Fee ($1,000.00 + $5./ac) -$ 1,175.00
b) Construction Drawing Review Fee
Water &
Sewer (.75% const. est.) - $ N/A Immokalee
c) Drainage,
Paving, Grading (.75% const. est.) - $ 5,984.90
d) Construction Inspection Fee
Water &
Sewer (2.25% const. est.) - $ N/A Immokalee
e) Drainage, Paving,
Grading(2.25%const.est.) - $17,954.75
GROWTH MANAGEMENT IMPACT:
The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of
the construction plan final approval letter.
ENVIRONMENTAL ISSUES:
There are no outstanding environmental issues.
HISTORICAUARCHAEOLOGICAL IMPACT:
There are no historical or archaeological impacts. If during the course of site clearing,
excavation or other construction activity, a historic or archaeological artifact is found, all
development within the minimum area necessary to protect the discovery shall be
immediately stopped and the Collier County Code Enforcement Department contacted.
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the plat and associated legal
documents.
RECOMMENDATION:
That the Board of County Commissioners approve the Final Plat of "Independence Phase
Two" for recording with the following stipulations:
1. Approve the amount of $1,520,539.92 as performance security for the required
improvements; or such lesser amount based on work completed, and as is approved by the
Engineering Services Department.
2. Approve the standard form Construction and Maintenance Agreement, and
a. That no Certificates of Occupancy be granted until the required improvements have
received preliminary acceptance.
b. That the plat not be recorded until suitable security and an appropriate Construction
and Maintenance Agreement is approved and accepted by the Engineering Services
Department Director and the County Attorney's office.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
Agenda Item No. 16A7
April 26, 2005
Page 3 of 4
COLLIER COUNTY
BOARO OF COUNTY COMMISSIONERS
Item Number
It.m Summery
¡6A,
Moetlng Ooto
Recommendation to approve for recording the final plat 01 "Independence Phase TWD",
appro....al of the standard torm Construction Ind Mainlenance Agreement and approval of
the amount of the performance security.
4/26/2005 9:00.00 AM
Prepared By
Date
John Hould'lworth
Senior Engineer
4/13/2006 " :38:04 AM
Cumrna.U'1¡ty Df':v.loprnet'lt'\
Environment.' Services
Enl~illl~,inu S"rvìclu.
Approved By
Sandrø: Lelil
Executive Secretary
C()mmunlty DIIIYlt'loJ'mtl'l1t &.
Enlll'(Jn'Mntnl SetvlclUI Adrrdn.
Date
Commmllty Duvtllopment &
Eflviro-nmnfltoI6..,vlC:.$
4/13/2006 2:44 Phi
Approved By
Thom.u E. Kuc.k, P,E.
Communìty Development &
Envlronfnflntal Sœrv/cHl'5
CDES Engineering Se-rvices Director
Date
COSS Enginltering Services
4/13/20063:4& PM
Approved By
Joseph K, Schmitt
Community Dvvelopment &
En'Wjronmerntal S.rvïcrl'l Admlnlltr.tor
Date
C<wt"tnlunlty DII...olopmen1 &.
Environmental Service,
Cotnmunlty Oll!vuioprrmut &
Ellv¡ronm.ntal Services Admin.
4/14/200611:5& AM
Approved By
OMB Coordinator
Admlnls.(Ntive Anistant
Cot.
County M,¡nage,'s Of1lc"
Office of MII )Ptlome.H & Budg(tt
4114/20061 :1& PM
Approved By
Mark Int:hon
Budget Analyst
Date
County MIlnAgt:r's Office
Office of Management & Budget
4/14/2006 &:03 PM
Approved By
Mich..1 Smykoweki
M.lugel11ent & Budgat Director
Dote
County Manager'. Otfìce
Office of Management & Budget
4/'412005 5:14 PM
Approved By
J..mp'¡j V. Mudd
Cuunty Ma...ag.r
Cnt! !
BOIlM of County
Commislilonftnl
County Man.ager'. OffiCII:
4/14/20057:60 PM
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EXECUTIVE SUMMARY
Agenda Item No. 1681
April 26 2005
Page 1 of 13
Recommendadon to approve Supplemental Agreement No.2, to Professional Services
Agreement No. 03-3446 in the amount of $161,147.50 for Additional Engineering, Permitting and
Post Design Services to be provided by Agnoll, Barber, & Brundage, Inc., for relocating the
entrance and access road to the Collier County School District Bus FaclUty, designing a pathway
on the north side of the roadway and to provide Post Design Services for the six-Ianing of
Rattlesnake Hammock Road from Polly Avenue to Collier Boulevard at this time, Project No.
60169.
OBJECTIVE: To receive Board approval of the negotiated Supplemental Agreement No.2 for
Professional Services with Agnoli, Barber & Brundage, Inc., for engineering and pennitting services
for the proposed six laning of Rattlesnake Hammock Road from Polly Avenue to Collier Boulevard.
CONSIDERATIONS: During design of the project, negotiations took place with the Collier County
School District Staff regarding the entrance to their bus facility. The current entrance is positioned too
close to the future Grand Lely Drive to provide a signal and too close to the College Park Apartment
entrance to provide for a median storage/merge lane. A merge lane can be provided for in the median
by moving the entrance to the east. To accomplish this, requires the design and construction of an
access rœd along the east boundary of the bus facility. There is mutual benefit to the relocation of this
entrance. The School Board has donated the right of way needed for the county road widening and the
access road in exchange for their share of the work. The design fees for relocation of the school
entrance and design of an access road are a part of this supplemental agreement.
~-.
It has been decided to construct the six-lane roadway at this time and eliminate the need to reconstruct
the medians and landscaping later. This plan revision has been presented for comment at a Public
Information Meeting held April 11, 2005. The eight-foot sidewalk on the north side of the roadway
will be widened to 10-foot to provide for a multi-use pathway for cyclists. This requires the need for
design of gravity walls and handrail at some locations. The fees for design and pennitting the pathway
are a part of this supplemental agreement.
During Construction, the design consultant will be called upon to participate in meetings, review and
approve shop drawings, take part in inspections and provide certifications for the project. This
supplemental agreement establishes the hourly rates and estimated hours that are billable. These
services wilJ only be provided at the request of county staff.
FISCAL IMPACT: The total cost for Supplemental Agreement No.2 is $161,147.50. Funding will
come from the Transportation Supported Gas Tax Fund and Impact Fee Funds. Impact Fees will be
utilized first. Source of Funds are Gas Taxes and Impact Fees.
GROwm MANAGEMENT IMP ACT: The expansion of Rattlesnake Hammock Road is cUlTently
identified on the AUIR (CIE No. 77) and is consistent with the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve Supplemental
Agreement No.2 with Agnoli, Barber and Brundage, Inc. in the amount of $161,147.50 for the
engineering and pemritting services for Rattlesnake Hammock Road from Polly Avenue to Collier
Boulevard, and authorize the Chairman to sign the attached Agreement.
,.......'"
Agenda Item No. 1681
April 26, 2005
Page 2 of 13
Prepared by: Gary Putaansuu, Senior Project Manager, TECM
Attachments: Amendment No.2 to Professional Services Agreement
Attachment "A" - Scope of Services
Schedule "B" - Basis of Compensation
Design Project Schedule Diagram
Item Number
111m Summlry
Milling Dill
Agenda l\em No. 16B1
April 26, 2005
Page:! of 13
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1681
RecomlT'lsndDtion to approve Supplemental Agreement NO.2 in the amount of
$161.147.50 ror Addi1lonal Engineering, Perm!Ui'~g and Post Design Servlc.es 10 be
provided by Agno ¡, Barber, & Brundage,lnc" for re!ocating the entrance and access road
to the Co11ier County School District Bus Facility, durgning 8 pethway on the north side of
the rOldway and to provide Post Design Services for the sl)(·18nln9 of Rattlesnake
Hammock Road from Polly Avenue 10 Collier Boulevard IiIllhi~ time, Project No. 60169,
4126/20059.00'00 AM
Prepored By
.4112/200& 10:24:34 AM
Gary Putaanauu
Tran.portion s.rv¡~..
Oatf '
Senior proJltd Manager
Tranllopottatíon Engineering end
Con'iltructíon
Dol.
Approved By
Eugane Cul"'urt
TransPQl1alion$ SlII'rvke"
Prirlcipn Pn)Jft(:t M..nug..r
T",n"p()rtatiotl EnuinMrintj and
ConstructlQn Management
4j12,2005 5:36 PM
Lisa T Mylar
Pot.
Approved By
Trunu,) )l1iDt1 Sflrviçttn
M.".gemftnt/Bl.ldotrl Analy:1t
Trillu,ponotiQn Adnli"ìah,atlun
.'13/20068:35 AM
Approved By
Norm E. Fedal', AICP
Trõln.pørtion Serviçea
Transportation Division Admlnistrato!'
Dot.
Tranllport,'tlon Seryicp.. Ad'"'n.
411 ~/200& 2:20 PM
DOIte
Approved By
Sharon Newmøn
Trlllnsportion SeNjc.e'il
Accoul\tirlg Supervi80r
Transportation Admlnilitratiol'
4/1312005 2:.47 PM
Potu
Approved By
Pat Lahnhurd
T,.anJ,portafion Service..
f.Jt:Clcuti".. SIICrlttllry
Trunøporta1101\ Services Admin
4/1412005 2:~0 PM
C"t.
Approved By
OMB Coordimltor
County Mllo.ger'!. Oiflce
AdminIstrative Aatiljatliu,t
OffiCI" 01 Munag 0","01'\1 & Budget
4/14/20054:02 PM
Date
Approved By
Rhonda Rembert
Admlntatrativð Servir:I."
Connet Specialiet
Purchnintl
4119/200&9:01 AM
D...
Approved By
Kvllul'Y Wm'Ò
Adminls.tratlvll' Sflrv~e...
$Im/or Pu,c:h¡ lIolnCl al1d Conir¡¡ch
Agttt~t
Purchasing
4119/20059:0& AM
D"te
Approved By
$tUV~t Carnell
Admlnistr.tive Services
.'un:h.,írluIGe 'l þral 91/0::11 Direct.or
Purch.uing
4119/20069:&1 AM
Pol.
Appro..d By
Susan Ushltlr
CouJlty MunuIJU'r'n OffIcII
Senior M$lnft\1emcmtlBudgU!t Analyø.1
Ofticn I)r Mllnagamullt ... Bud Jld
4/191200510:&3 AM
Dol.
Approved By
Mic.hael Smyt(ows.kì
County I\hmnger'g ()tricp.
Management & Budget Director
OftlCft Dr Management & Suc:lgœt
41191200& 11:&0 AM
Date
Approved By
JØlmes. v. Mudd
Bo.ard of County
Comml.aionl!u.
County Manager
County Mnflll~ ttr"1I Oftitw
4/191200512:06 PM
Agenda Item No. 1681
April 26. 2005
EXHIBIT A2-A Contract Amendment #2, 03-3446 Page 4 of 13
"Rattlesnake Hammock Road from Polly Avenue to Collier Boulevard"
This amendment, dated , 200_ to the referenced agreement shall be by and between the
parties to the original Agreement, Agnoli, Barber & Brundage, Inc. (to be referred to as "Contractor") and
Collier County, Florida, (to be referred to as "Owner").
Statement of Understanding
RE: Contract # 03-3446 "Rattlesnake Hammock Road from Polly A venue to Collier Boulevard"
In order to continue the services provided for in the original Contract document referenced above, the
Contractor agrees to amend the above referenced Contract as per the Supplemental Authorization Exhibit
"A2-A" attached to this Amendment and incorporated herein by reference. This Amendment shall extend
the Agreement through December 31, 2007 as per Schedule C, and the Consultant shall provide additional
engineering and surveying consulting services described in Attachment A2-A, Schedule A. Hourly rates
as per Schedule B shall apply only for the services covered by this engagement.
The Contractor agrees that this amends the original Contract and that the Contractor agrees to complete
said services in the amount of one hundred sixty one thousand one hundred forty seven dollars and fifty
cents, ($161,147.50) as per Attachment "A2-A".
All other tenns and conditions of the agreement shall remain in force.
IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date(s) indicated below.
CONSULTANT
ATTEST:
Corporate Secretary/Witness
Agnoli, Barber & Brundage
By:
Dated:
By:
Title:
Dated:
ATTEST:
OWNER:
Dwight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORlDA
By:
Chainnan
Approved as to fonn and
Legal sufficiency:
Assistant County Attorney
EXHIBIT "A2-A"
Agenda Item No. 1681
April 26, 2005
Page 5 of 13
SCHEDULE A
Rattlesnake Hammock Road
Supplemental Agreement No.2 - Scope of Services
A.I Revise CCPS Bus Site Access Location
· Provide Supplemental Survey Services to locate existing improvements and jurisdictional
lines within the Collier County Public School (CCPS) site as required for design and
permitting purposes.
· Develop a Site Plan for the CCPS site showing the necessary construction required for the
new access configuration and water management system modifications.
· Develop Cross-Section Sheets for the new access roadway to be located with the CCPS Site.
· Develop a Detail Sheet showing modifications to the existing CCPS control structure as
required by the regulatory agencies.
· Develop additional Erosion Control Sheets and modifications to existing erosion control
plans for the new construction.
· Develop a Cover Sheet for the pennit set of plans.
· Research South Florida Water Management District (SFWMD) files for existing permit
infonnation regarding the CCPS site.
· Confirm the calculations for the design of the existing CCPS site.
· Develop revised water management concepts and calculations.
· Develop ERP modification package and submittal to SFWMD and the United States Anny
Corp of Engineers (USACOE) and assist in drafting the Staff Report.
· Engage the services of Environmental Sub-consultant to assist in developing the pennit
package and mitigation plan.
· Submit plans, specifications and estimate to incorporate this work into the construction
contract by change order.
Lump Sum: $ 29,749.50
A.2 Desie:n Analvsis - Revise Sidewalk to Pathwav
· Geometric Design of a meandering pathway in lieu of sidewalk east of Parkers Hammock
Road.
· Design drainage modifications to accommodate a pathway west of Parkers Hammock Road
· Design Gravity Walls and Handrail to accommodate a pathway west ofParkers Hammock
Road
Lump Sum:
$ 16,895.00
A.3 Desie:n Plans - Revise Sidewalk to Pathway
· Modify the existing plans drawings to provide for a pathway in lieu of a sidewalk on the
north side of the project.
Lump Sum:
$ 19,279.00
A.4 Modifications to Permittine: for Pathwav
· Prepare revised storm water calculations to provide for pathway in lieu of sidewalk.
Agenda Item No. 16B 1
April 26. 2005
Page 6 of 13
· Submit and acquire ERP penn it revisions to accommodate a pathway in lieu of sidewalk.
Time and Materials Not to Exceed $ 21,564.00
A.6 Post Desil!n Services
Consultant will provide services as requested during construction. The services can include, but
are not limited to the following:
· Attend pre-construction conference and prepare any required follow-up.
· Perform shop drawing review as required by specifications.
· Provide clarifications and interpretations as to the intent of design and to address any
unforeseen conditions or events as they occur.
· Attend final field review and participate in punch list preparation.
· Provide spot checks of Contractor's Record Drawings for the purpose of certification to
South Florida Water Management District.
· Reimbursable expenses for preparation, reproduction, photographic production techniques,
postage and handling of drawings, specifications, bidding documents and similar project-
related items in addition to those otherwise required Basic Services.
Time and Materials Not to Exceed: $ 73,660.00
Lump Sum Totals: $ 65,923.50
Time and Materials Not to Exceed $ 95.224.00
Total:
$ 161,147.50
EXHIBIT A2-A
SCHEDULE B
CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE
Title
Principal Engineer
Registered Engineer
Senior Design Engineer
Senior Registered Surveyor
Registered Surveyor
4-Man Crew
GPS Crew
Tech V
Tech III
Tech I
,-
EXHIBIT A2-A
SCHEDULE C
Hourlv Rate
$155.00/hr
$110.00/hr
$ 80.00/hr
$130.00/hr
$ 85.00/hr
$135.00/hr
$210.00/hr
$ 85.00/hr
$ 67.00/hr
$ 50.00/hr
Agenda Item No. 1681
April 26, 2005
Page7of13
PROJECT SCHEDULE
Task A1. Revise CCPS Bus Site Access Location:
Agenda Item No. 1681
April 26, 2005
Page 8 of 13
177.5 hours
· Supplement Survey
· Site Plan
· Cross Sections
· Detail Sheet-Control Structure Mods, etc.
· Erosion Control Sheet Mods
· Cover Sheet for Permit Package
· Research SFWMD files for existing Permits
· Confirm existing system calculations
· Develop revised WM concepts
· Develop revised WM calculations
· Develop ERP modification package and submit
· Assist SFWMD in drafting staff report - Environmental Sus-consultant
Task A.2. Desian Analvsis - Revise Sidewalk to Pathwav 109 hours
· Geometry Design/Pathway configurations
· Design Drainage modifications
· Design Gravity Walls and Handrail
Task A.3. Desian Plans - Revise Sidewalk to Pathway: 212 hours
· Summary of Pay Items (1)
· Drainage Maps (2)
· Typical Sections (4)
· Summary of Drainage structures (5)
· Plan and Profile sheets (19)
· Drainage Structure Sheets (21)
· Cross Sections (67)
· Utility Crossing Details (4)
· Quality Control
· Supervision
Task A.4. Modifications to Permittina for Pathwav:
232 hours
· Develop revised WM concepts
· Develop revised WM calculations
· Develop ERP Modification package and submit
· Develop RAI responses
Task A.5. Additional Sub-Consultant Services
As Needed
. Lighting Plans (24)
· Maintain FPL Clearances
. Locations behind sidewalk
· Check lamination calculations
Task A.6. Post Desian Services:
704 hours
· Participate in construction conference, meetings and field reviews
· Provide shop drawing review
· Provide review of proposed plan revisions
· Provide final inspections and certifications
Agenda Item No. 1681
April 26, 2005
Page 9 of 13
Agenda Item No. 1681
April 26, 2005
CONTRACT MODIFICATION CHECK LIST Page 10 of 13
CONSTRUCTION AND CONSULTANT AGREEMENTS
CHANGE ORDERS, SUPPLEMENTAL AGREEMENTS, AMENDMENTS AND CHANGES TO
WORK ORDERS PROJECT MANAGER REVIEW
1. Document circumstances prompting the change(s) request byD
a. Identifying who initiated the change request
b. Identifying the nature of the change
2. Analyze the change request to determine:
a. The hard and soft costs of the change and the appropriateness of each
b. The benefits of the change
c. The impact(s) of the change on the project
d. The impact of the change on the overall success/failure of the project
3. If the change is deemed justified, review the original contract to determine or verifyD
a. Whether the change is consistent with existing project scope
b. The existing terms and conditions (e.g.; price and schedule)
c. That the proposed change is not included within the existing scope
d. The protocol for authorizing changes to the agreement
4. Document the analysis of and the justification(s) for the change.
5. Obtain preliminary review and input from one of more of the following:
a. Other project managers
b. Immediate supervisor
c. Appropriate 3rd party consultants
d. Purchasing and Contracts Agent
e. County Attorney Office
f. Risk Management Department
g. Other County departments materially impacted by the change.
6. Certify the appropriateness ofthe change based on the information gathered in steps 1-5.
7. If the change is not deemed justified. notify the appropriate parties and include the
documentation gathered to date in the project file.
8. If the change is deemed justified, identify the appropriate contract instrument (Change
Order, Amendment, Work Orders or Supplemental Agreement).
9. Prepare and process the change document in accordance with 0
a. The terms and conditions of the existing agreement
b. The CountylšJContract Administration Procedures.
c. Submit packet, with back up documentation to Purchasing for review
Form Retrieved From:
I/Forms/County Forms/Purchasing Forms/Contract Modification Checklist
REVISED 9/9/03
CONTRACT MODIFICATION
CHECKLIST FORM
Agenda Item No. 1681
April 26, 2005
Page 11 of 13
PROJECT NAME: Rattlesnake Hammock Rd. Pollv Ave to Collier Blvd. _ PROJECT #: 80169
BID/RFP #: 03·3446 MOD #: SA #2
AMOUNT OF THIS CHANGE S 161.147.50
pot:
Work Order #:
CONTRACT AMOUNT: ORIGINAL S 986.360.00 CURRENT S 1.233.152.00
(STARTING POINT) (INCLUDING THIS CHANGE ORDER)
Last BeC Approved Amount $_986.360.00·
(LAST TOTAL AMY. REQUIRING SCC APPROVAL)
Date of Last BCC Approval
03/11/03
Agenda Item #
16B1
Percentage of the change over/under current contract amount + 25,02%
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: December. 2005 CURRENT: 12/31/2007
SUMMARY OF PROPOSED CHANGE (S): SM2 Drovides comDensation for desian services
reauired to revise the Collier County Public Schools Bus Site Access. revise the sidewalk on the
north side of the Droiect to a Dathwav and for Dost desian services durina construction.
JUSTIFICATION FOR CHANGE (S) The entrance and access road for the bus facility is being
relocated to imDrove safety. The desian for this feature is not covered bv the oriainal contract. The
cost of this desian will be offset bv the donation of comDensatina right-of-way. The Dathwav will
Drovide a corridor for cvclist in lieu of Drovidina bike lanes. Post Desian Services are needed to
transition the Droiect into construction.
PARTIES CONTACTED REGARDING THE CHANGE: T.E.&C.M. Director and the Desian
Consultants.
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 MANAGER RECOMMENDATION:
APPROVE: Date:
DISAPPROVE: Date:
COMMENTS: The revisions to the entrance and access road and the Dathwav will either
be added to the Droiect bv addendum durina advertisement or chance order during construction.
Wetlands are involved and the entire Droiect would be delaved bv waiting for Dermitting. It is
critical that the Droiect beain construction as soon as the weather allows.
REVISED 9/9/03
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Agenda Item No. 1681
April 26, 2005
EXHIBIT A2-A Contract Amendment #2, 03-3446 Page 13 of 13
"Rattlesnake Hammock Road from Polly Avenue to Collier Boulevard'"
This amendment, dated , 200_ to the referenced agreement shall be by and between the
parties to the original Agreement, Agnoli, Barber & Brundage, Inc. (to be referred to as "Contractor")
and Collier County, Florida, (to be referred to as "Owner").
Statement of Understanding
RE: Contract # 03-3446 "Rattlesnake Hammock Road from Polly Avenue to Collier Boulevard"
In order to continue the services provided for in the original Contract document referenced above, the
Contractor agrees to amend the above referenced Contract as per the Supplemental Authorization Exhibit
HA2-A" attached to this Amendment and incorporated herein by reference. This Amendment shall
extend the Agreement through December 31, 2007 as per Schedule C, and the Consultant shall provide
additional engineering and surveying consulting services described in Attachment A2-A, Schedule A.
Hourly rates as per Schedule B shall apply only for the services covered by this engagement.
The Contractor agrees that this amends the original Contract and that the Contractor agrees to complete
said services in the amount of one hundred sixty one thousand one hundred forty seven dollars and fifty
cents, ($161,]47.50) as per Attachment HA2-A".
All other terms and conditions of the agreement shall remain in force.
ATTEST:
HEREOE, the Contractor and the. County have each, respectively, by an authorized
hereunder set their hands and seals on the date(s) indicated below.
Corporate
By, ~ ~~ Ak--.J
Dated: 'Zf__µl~lð~
-- -~--_.._.-
By:
Title:
Dated:
ATTEST:
OWNER:
Dwight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Chairman
Approved as to form and
Legal sufficiency:
_.---
Assistant County Attorney
----_.,~----_._.
Agenda Item No. 1682
April 26, 2005
Page 1 of 31
~
EXECUTIVE SUMMARY
Recommendation to approve submittal of a Hazard Mitigation Grant to the Federal
Emergency Management Agency, Department of Homeland Security for Traffic
Signal Mast Arm Rebuilds in the amount of $375,511.
OBJECTIVE: To receive approval to submit a Hazard Mitigation Grant to the Federal
Emergency Management Agency, Department of Homeland Security for Traffic Signal
Mast Ann Rebuilds in the amount of $375,511.
CONSIDERATIONS: Experience with recent hurricanes, as well as research done by
the Florida Department of Transportation (FDOT), has demonstrated that signal
installations utilizing mast arm signal supports are significantly more likely to survive
high winds without failure as compared to installations using strain poles and span wire.
In order to mitigate damage resulting from potential severe stonns, the Collier County
Traffic Operations Department wishes to submit a FEMA grant application to rebuild five
intersections with mast arm signal supports under the category of Wind Retrofit Projects.
The five intersections are those closest to the coastline under County control using a
concrete strain pole and span-wire configuration: Vanderbilt Beach Road at Vanderbilt
Drive, Vanderbilt Drive at Bluebill A venue (111 th Ave), Seagate Drive at West
Boulevard, Pine Ridge Road at Pine Ridge Middle School, and Golden Gate Parkway at
Naples High School. This project was given Priority #11 out of 76 projects on Collier
County's Local Mitigation Projects Final Listing, dated December 10, 2004.
,,-.
The scope of this retrofit project includes surveys, engineering design and construction.
The estimated duration of the project is 365 work days (73 weeks) at an estimated total
cost of $375,511. The switch from strain poles to mast arms represents a potential
savings of up to $500 per year per intersection in regular maintenance costs over the life
of the installation (25 years) and up to a 95% reduction in severe-stonn related repair
costs.
This grant program is the direct result of the Presidential Disaster Declarations related to
Hunicanes Charley, Frances, Ivan and Jeanne. The purpose of the program is to assist
communities in the implementation of mitigation measures intended to reduce or
eliminate long-tenn risk to people and property from natural hazards and their effects.
Projects should address eligible mitigation activities designed to reduce a community's
overall risk to hazards. HMGP funds cannot be used for a project that is already in
progress, even if it would otherwise be eligible. Applications to retrofit or modify
existing public buildings and facilities, or that result in public ownership or management
of property and facilities, must include an executed Maintenance Agreement. For the
most part, FEMA expects projects to be completed within 24 months after award, and
certainly no longer than 48 months from the date of the declaration. All appropriate
local, State, and federal permits and approvals must be received before a project is
started.
Funding amounts continue to increase as the total disaster assistance figures continue to
go up. Also, some Florida counties that are allocated a share of funding may not apply
for funding, thereby making additional funds available statewide. Therefore, FEMA has
,,-.
--
Agenda Item No. 1662
April 26, 2005
Page 2 of 31
suggested that we submit more projects than can be funded with the currently available
funds because the final amount may be significantly higher.
FEMA will contribute up to 75% of the total amount approved under the grant award.
The applicant must provide the remaining 25%. The state may provide 12.5% and
Collier County must provide at least 12.5% in cash or in-kind services. The grant request
for Traffic Signal Mast Ann Rebuilds is $281,633 and the tota1local match (including
any potential state share) will be $93,878.
The application deadline was originally April 15, 2005, but it was extended to May 2,
2005. If awarded, the grant agreement will be submitted to the Board of County
Commissioners for approval. It may take up to 6 months or more for the final funding
decision and for an agreement to be forwarded to Collier County for approval.
FISCAL IMPACT: The HMGP application will request $281,633 and the total local
match of 25% will be $93,878 from Fund 313 (Gas Taxes), Project #60172. State
matching funds of up to $46,939, if approved, would be reimbursed back to this project.
GROWfH MANAGEMENT IMP ACT: The Traffic Signal Mast Ann Rebuilds project
is consistent with the goals and objectives of the Growth Management Plan, the
Emergency Management Plan and the Collier County Hazard Mitigation Plan. The
project is on the list of priorities for the Local Mitigation Strategy.
~
LEGAL CONSIDERATIONS: Following award of the grant, it is anticipated that
FEMA will forward a grant agreement for consideration by the Board of County
Commissioners. The County Attorney's Office has reviewed the grant application for
form and legal sufficiency.
RECOMMENDATION: That the Board of County Commissioners approve submittal
of a Hazard Mitigation Grant to the Federal Emergency Management Agency,
Department of Homeland Security for Traffic Signal Mast Arm Rebuilds in the amount
of $375,511 and authorize the Chairman to sign the application, transmittal letter, the
maintenance agreement and all associated grant application documents.
Prepared By: Robert W. Tipton, PE, PTOE, Traffic Operations Director 04/11/05
Attachments: Hazard Mitigation Grant Program Application (to be signed by Board Chairman)
Attachment item to HMGP Application (Mitigation Calculation)
Transmittal Letter( to be signed by Board Chairman)
,-...
Item Number
Item summuy
-
Mooting Dolo
Agenda Item No 16ß2
April 26, 2005
Pngn 3 of 31
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16B2
Recommendation to approve submittal of a Hazard MìtigaHon Grant to the Federal
Emergency Management Agency, Department 01 Home!and Security for Traffic Signal
Mast Arm Rebuilds at Vanderbilt Beach Road at Vanderbilt Drive; Vanderbil1 Ddye at 1111h
Avenue North: Sesgate Drive at West Boulevsrd; PIne Ridge Road st Pine Ridge Middle
School, and Golden aate Parkway at Nlples High Schoof in the amourlt of $375,511.
4126/2005 9:00:DD AM
Prepared By
Robert W. Tipton, P.E.
County TraNic Op.rØltionJ; Engineer
4;12/200511 ;17:28 AM
Tran&portion Services
Datlll
Traffic Opt'rltlonsl ATM
R:ob~u1 W. TlptOIl, P.E.,
County Traffi!~ Opemtiøns EnøiofHtr
Date
Approved By
Tranaportion Services
Tr..níc Operation5<! A TM
4/121200511:41 AM
MQrlenfi! J. Foard
Grants Coordinator
Dot.
Approved By
Admi"intt8tiv4! Sorvicl'm
AdlY1Îl)jstnativlt St!rvl(~IfI~ Admi".
41121200512:04 PM
Approved By
DOlt.
Rlchœrd Zyvolo:s.ki, CEM, FPEM Emergency Management Coordinator
4112/20051:2% PM
Approved By
County M_nag..,·s Office Emllr9C1nC)l MonrtUlun.nt
As.tllstpnt County Attome.y
D...
Thc)m.m Pølm4u
County Attorney
County Attorney Office
41131200612:13 PM
Norm E.. Fudur, AICP
Tmluportlltiol1 OíviaiOfI Adrnlntstr.of.or
[)a..
Approved By
Tran.portlon ServìC41"
Transportation Servius AdlTl n,
4/13/20052:22 PM
Sharon Nttlwman
Accountîng SuperYlsor
Dot.
Approved By
TruuMpnrtiOf1 St'rviclI!ß
Tri1l\!lportntion Adminiatratlon
41\)/200$ %:44 PM
Approved By
Eucutive Secret.ry
DOIte
Pat Lehnhard
Trnnlõportatl( n Servic:e,\
Transportation S~rvlc:.ø AdlnÎn
4/13120052:48 PM
OMS Coordinator
Administrative Auistant
DOlt.
Approved By
County Men.II3I1,'5 Office
Office of Menagement & Budget
4/13/200& .:06 PM
Su,uln Uuhm"
SI~I¡or M .nlknIHJlftnt/9udg( t An.lVlôt
D.utlt
Approved By
County Manager's OfficII
Oft\clt of MlllnDgC'm.,nt L 9udgltlt
4113/20054:33 PM
Mlchn¡ Srny1cowlôkl
M,lnilgenuant & Ðud1111t Diructør
Dnttl
Approved By
Count)' Manager's. Office
Office of Mllnag.ment & 9udget
4114120053:03 PM
Jame'i V, Mudd
(",ounly M..n.oer
Dot.
Approved By
Board (Ji County
ConJrn!$SÎonIU'lI
County Manager's Oflic.e
4/161%005 '2:31 PM
STATE OF FLORIDA - JOINT HAZARD MITIGATION GRANT PRo&ifÂii 'jt~I~~'1g~~
FLOOD MITIGATION ASSISTANCE APPLICATION Page.::l of 31
THIS SECTION FOR STATE USE ONLY
FEMA- _-DR-FL
D Standard HMGP
D Standard FMA
D 5% Initiative Application
D Initial Submission or
D Application Complete
D Re- Submission
Support Documents
D Conforms wI State 409 Plan
D In Declared Area
D Statewide
Eligible Applicant
D State or Local Government
D Private Non-Proftt (Tax ID Received)
D Recognized Indian Tribe or Tribal Organization
Project Type(s)
D Wind
D Flood
D Other:_
Community NFIP Status: (Check all that apply)
D Participating Community 10':
D In Good Standing D Non-Partlclpatlng D CRS
State Application ID:
State Reviewer:
Reviewer Phon":
Reviewer Fax#:
Reviewer E-Mail:
Date Application Received:
Signature:
Date:
This application is for all Federal Emergency Management Agency (FEMA Region IV) Hazard Mitigation Grant Program (HMGP) and
Flood Mitigation Assistance (FMA) proposals. Please complete ALL sections and provide the documents requested If you require
technical assistance with this application, please contact your State Emergency Management Division at (850) 922-5269.
A. To Fill Ollt This AppHcation: Complete all sections, which correspond with the type of proposed project
Ge1Iel'tÚ Applicfltion Sections: pp.I-5: All Applicants must complete these sections
Environmentøl Review: pp. 6-9: All Applicants must complete these sections
Møintenllllce Agreeme1lt: p. 10: Any Applications involving public property, public ownership, or management of property
Acquisition Worksheet: pp.11-13: Acquisition Projects only - one worksheet per structure
EleWltion Worksheet: pp.14-18: Elevation Projects only - one worksheet per structure
Drøinllge Worksheet: p. 19: Drainage Projects only
Wind Retrojlt Worksheet: pp. 20-22: Wind retrofit projects only (HMGP only) - one worksheet per structure
pp. 23-24: Wind retrofit/shelter projects only (HMGP only) -- one worksheet per structure
Attøchme1lt A: FEMA Form 90-49 (Request for Public Assistance): All Applicants must complete, if applicable.
AttllChme1lt B: HMGPIFMA Application.Completeness Checklist: All applicants are recommended to complete
this checklist
B. AppHcant Information
FEMA-Blank-DR-FL
DISASTER NAME: Blank
Ex.. FEMA-J539-DR-FL: HlImcae Chtll'lev
Title I Brief Descriptive Project Summary: Trame Sinal Mast Arm ReblliJds
1. Applicant (Organization): Collier COllnty Trame ODerations DeDartment
2. Applicant Type:
I2J State or Local Government 0 Recognized Native American Tn'be 0 Private Non-Profit
3. County: Collier
4. State Legislative Disirict(s): _Congressional Disirict(s): _
5. Federal Tax I.D. Number: 59-6000558
6. FIPS Code·: 012021 (·ifyour FIPS code is not known, please fill out FEMA Form 90-49 (Attachment A) so that the
Deparbnent may obtain a FIPS code for you)
7. National Flood Insurance Program (NFIP) Community Identification Number (this number can be obtained fÌ"om the FIRM map
for your area): 120067
8. NFIP Community Rating System Class Number: Z
9. NFIP Last Community Assistance Visit Date: _
10. Attach proof of current Flood Insurance Policy (FMA only). Flood Insurance Policy Number: _
1
Attach any continuations or additional Items to this page
(Fonn No. HMGPfFMA.ool, EfT. ]0130(04)
Page 1 of 26
STATE OF FLORIDA· JOINT HAZARD MITIGATION GRANT PRO~¡ l~iI~~', 1î~~
FLOOD MITIGATION ASSISTANCE APPLICATION Page 50f31
11. Point of Contact
OMs. I8IMr. OMrs. First Name: BJmm Last Name: I!Jmm.
Title: Traffic Overadons Denartment Director
Street Address: 1885 Honeshoe Drive South
City: Nanles State: Florida Zip Code: 34104
Telephone:1397748160 Fax: 2392135868
Email Address (ifavailable):bobtintonlilcollierllOv.net
12. AppUcation Prepared by: OMs. \:8IMr. OMrs. First Name: Robert Last: Tlnton
Title: Traffic Ooerations Denartment Director Telephone: 2397748260 Fax: 1392135868
13. Authorized AppUeant Agent (proofofauthorkation authority required)
OMs. I8IMr. OMrs. First Name: E.asl Last Name: ~
Title: Chairman. Board of County Commissioners Telephone: 1397748097 Fax: 1397743601
Street Address: 3301 E.Tamiami Tr.
City: Nanles State: Florida Zip Code: 34112
Signature: Date:
14. All proposed projects should be included in the county's Local Mitigation Strategy (LMS).
Attach is a letter of endorsement for the project from the county's Local Mitigation Strategy Coordinator. 181 Yes 0 No
Secdon I. Project Description
A. Hazards to be Mitigated I Level of Protecdon
I. Select the type of hazards the proposed project will mitigate:
o Flood [8J Wind 0 Storm surge 0 Other (list): -
2. Identify the type of proposed project:
D Elevation and retrofitting of residential or non-residential stnJ.cture
D Acquisition and relocation 0 Acquisition and demolition
\:81 Wind retrofit 0 Minor drainage project that reduces localized flooding
D Other (please explain) _
3. List the total number of persons that will be protected by the proposed project: !!
4. Fill in the level of protection and the magnitude of event the proposed project win mitigate.
(e.g. ~ structures protected against the .l.QQ-year (1 %) flood)
_ structure( s) protected against the _ -year Flood (10, 25, SO, 100, or 500 year)
~ structure(s) protected against!!!!. mile per hour (mph) winds
5. E1Igineeredprojects 01l1y (e.g. Drainage Improvements), include (attach to this page) ALL engineering
calculations and design plans used to determine the above level of protection.
6. Project win provide protection against the hazard(s) above for 15 years (i.e., what is the usefullífe of the project)
B. Project Description, Scope of Work, and Protection Provided (Must be Completed in Detail)
Describe, in detail, the existing problem, the proposed project, and the scope of work. Explain how the proposed project will
solve the problem(s) and provide the level(s) ofprotection described in Part A. Also, ifavailab1e, attach a vendor's estimate
and/or a contractor's bid for the scope of work. Plell8e ensure that eaclt proposed project is mltigøtion IUId not
malnte1llUlce.
Description of the existing problems- Collier County currently owns and maintains 169 signalized intersections.
Experience with recent hurricanes as wen as research by the Florida Department of Transportation (FOOT) has demonstrated that
signal installations utilizing mast arm signal supports survive high winds without failure much better than those locations utilizing
concrete strain poles with steel cables for signal support. The FDOT formulated a policy through which all intersections within ten
(10) miles of the Florida coastline shall be converted to mast arms as roadway projects are completed in the area. In a like manner,
2
Attach any continuations or additional Item. to this page
(Form No. HMGP!FMA..()()l, Eff. 10130/04)
Page 2 of 26
Agenda Item No. 1682
April 26, 2005
Collier County bas established a policy to install traffic signal mast arms as part of roadway COnstruction and as part 6fåg¡niœrfi8rt
rebuilds, unless a mast arm configuration is impractical at a given location due to engineering considerations.
Of the total number of signalized intersections maintained by Collier County, the vast majority: [1] have already been converted to
mast arms by roadway projects; [2] are scheduled to be converted by roadway projects under the County's Five Year Work Program;
[3] are at intersections too large to be served by mast arm signal supports; or [4] are the responsibility of the State of Florida
Department of Transportation due to location on a state roadway.
A total of32 intersections remain located in the coastal portion of Collier County which are suitable for mast arm conversion; of these,
Collier County intends to rebuild five (5) intersections nearest to the coastline. These five signalized intersections sustained damage
in past storms that would have been mitigated or non-existent had their support configuration been of the mast arm type instead of the
strain pole and span wire type.
As Collier County's population continues to grow each year, it is no longer guaranteed that few residents will be affected during
"hwricane season." For the locations identified as needing wind retrofit. the following traffic counts support increased population
near the coasts as well as the need to secure these intersection fixtures from failure in upcoming storms:
2004 Average Daily Counts, Vanderbilt Beach Road @ Vanderbilt Drive:
- North of Vanderbilt Beach Road: 7,223 (3.81 % increase from 2003)
2004 Average Daily Counts, Vanderbilt Drive @ 111th Avenue (Bluebill Ave)
- North of] 11th Avenue: ]],476 (5.64% increase from 2003)
- South of lIlth Avenue: 6,049 (3.]8% increase from 2003)
- East of Vanderbilt Dr: 9,292 (10.85% increae from 2003)
- West of Vanderbilt Dr: 5,500 (15.22% increase from 2(03)
2004 Average Daily Counts, Seagate Drive @ West Boulevard
- [Nearest station] West of US 41 North: 16,200 (4.31% decrease from 2003)
2004 Average Daily Counts, Pine Ridge Road @ Pine Ridge Middle School
- [Nearest station] East of Goodlette Road: 50,867 (this is a 2003 count; no counts were taken in 2004 due to road construction)
2004 Average Daily Counts, Golden Gate Parkway @ Naples High School
- [Nearest station] West of Goodlette Road: 2],677 (6.24% decrease from 2(03)
3
Attach any continuations or additional Items to this page
(Fonn No. HMGP/FMA..()()I, Eff. 10130104)
Page 3 of 26
Agenda Item No. 16B2
April 26, 2005
Page 7 of 31
Descn'be the type(s) of protection that the proposed project will give- Traffic signal heads (the 3- or 5-section units
which hold the red, yellow, green and arrow indications) supported by rigid mast arms are much more resistant to damage due to high
winds than those suspended via span wire between two strain poles, which break and fall from their supports in severe storm
conditions. A mast arm supports each traffic signal head in such a way that it is less likely for the head to swing or twist, which are
movements that would greatly increase the chances of the signal head snapping the span wire it is attached to, and/or falling into the
roadway where it would become a dangerous obstacle.
Scope of Work (describe in detail, what you are planning to do)- Collier County intends to rebuild five intersections
closest to the coastline which currently use a strain pole and span wire configuration to support traffic signals. The scope of work for
this project includes a survey of each of the three intersections, design of the mast arm configuration specific to each intersection's
geometry and clear zones, and construction of traffic signal mast arm supports. This work is expected to take 73 weeks (365 work
days) to complete.
Describe any other on-going or proposed projects in the area that may impact, positively or negatively the proposed HMGP
or FMA project- NONE.
Section ll. Project Location (Fully describe the location of the proposed project.)
A. Site
1. Describe the physical location of this project, including street numbers (or neighborhoods) and zip codes; and if
available, please provide precise longitude and latitude coordinates for the site utilizing a hand-held global
positioning system (GPS) unit or the equivalent: The locations proposed for mast arm retrofit are at five
signalized intersections: Vanderbilt Beach Road at the intersection of Vanderbilt Drive (34108); Seagate Drive at
the intersection of West Boulevard (34108); Vanderbilt Drive at the intersection of 111th Street (34108), Pine
Ridge Road @ Pine Ridge Middle School (34105), and Golden Gate Parkway @ Naples High School (34102).
2. Title Holder: ColJier County Board of County Commissioners
3. Is the project site seaward of the Coastal Construction Control Line (CCCL)? DYES [8jNO
4. Provide the number of each structure type (listed below) in the project area that will be affected by the project
That is, øll structures in project area.
D Residential property
D Public buildings
[8j Other
D Businesses/commercial property
D SchoolslhospitaIslhouses of worship
B. Flood Insurance Rate Map (FIRM) showing Project Site
o Attach two (2) copies of the FIRM map, a copy of the panel information from the FIRM, and, if available, the
Floodway Map. FIRM maps øre requirø for this øpplicøtio1l (ifpubllshø for your ørt!tl). Ai6o, øll øttøched
IIItIps must høve the project site ø1ld structures clt!tlrly mørked 011 the møp. FIRMs are typically available from
your local floodplain administrator who may be located in a planning, zoning, or engineering office. Maps can also
be ordered from the Map Service Center at 1-800-358-9616. For more information about FIRMs, contact your local
agencies or visit the FIRM site on the FEMA Web-page at httD:/Iwww.fema.2ov!homelMSClhardcoDv.htm
Using the FIRM, determine the flood zonc(s) of the project site (Check all zones in the project area).
(see FIRM legend for flood zone explanations) (A Zone must be identified)
0 VB or V 1-30 0 AE or A 1-30
D AO or AH 0 A (no base flood elevation given)
0 B or X (shaded) D C or X (unshaded)
0 Floodway
D Coastal Barrier Resource Act (CBRA) Zone (Federal regulations strictly limit Federal funding for projects in
this Zone; please coordinate with your state agency before submitting an application for a CBRA Zone project).
0 If the FIRM Map for your area is not pubUshed, please attach a copy of the Flood Hazard Boundary Map (FHBM)
4
Attach any continuation. or additional Item. to this page
(Fonn No. HMGPIFMA-001. Eff. 10130104)
Page 4 of 26
for your area, with the project site and structures clearly marked on the map.
Agenda Item No. 1682
April 26,2005
Page 8 of 31
5
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(Form No. HMGPIFMA-oOl, Eff. 10130(04)
Page 5 of 26
C. City or County Map with Project Site and Photographs
Agenda Item No. 1682
April 26, 2005
Page 9 of 31
D Attach a copy of a city or county scale map (large enough to show the entire project area) with the project
site and structures marked on the map.
D Attach a USGS 1 :24,000 TOPO map with project site cleørly marked on the map.
D For acquisition or elevation projects, include copy of Parcel Map (Tax Map, Property Identification Map,
etc.) showing each property to be acquired. The map should include the Tax ID numbers for each parcel, if
possible.
D Attach photographs (at a minimum 2 photographs) for each project site per application. The photographs
should be representative of the project area, including any relevant streams, creeks. rivers, etc. and drainage
areas, which affect the project site or will be affected by the project. For each structure, please include the
following angles: front, back and both sides.
SectioD III.
Budget/Costs
In this section, provide details of all the estimated costs of the project. As this information is used for the Benefit-Cost Analysis,
reasonable cost estimates are essential. Since project administrative costs are calculated on a sliding scale, do not include them in the
budget. Also, do not include contingency costs in the budget.
A. Materials
Dimension
Cost er Unit
Cost
B. Labor
D nee
D nee
nee
nee
OD
OD
OD
OD
C. Fees Paid
Total Estimated Project Cost 5375.511
6
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(Form No. HMGPIFMA-001, Eft'. 10(30/04)
Page 6 of 26
--------
Agenda Item No. 1682
April 26, 2005
D. Funding Sources (round figures to the nearest dollar) Page 10 of 31
The IIImlll"III FEMA shøre for HMGPIFMA projects h 75%. The other 25% can be made up of State and Local funds as well as in-
kind services. Moreover, the FMA program requires that the maximum in-kind match be no more than 12.5% of the tota! project costs.
HMGPIFMA funds may be packaged with other Federal funds, but other Federal funds (except for Federal funds which lose their
Federal identity at the State level - such as CDBG, ARS, HOME) may not be used for the State or Local match.
Estimøted FEMA Shøre
$281.633
NOPl·FederøJ Shøre
Estimated Local Share
75% ofTota! (maximum of 75%)
$46.939 12.5% ofTota! (Cash)
$0.00 º% ofTota! (In-kind.)
$0.00 º% of Total (Global Match..)
Other Agency Shøre
$46.939
12,5% ofTota!
Total Funding sources from above
(Identity Other Non-Federal Agency and availability date: Florida Deœrtment of Transoortation _ Julv 1. 200S)
$375.511
Other NOPl.FEMA Feúral Funds $0.00 (Do not include in total)
100 Total % (should equal 100%)
(Identity Other Federal Agency: N/A - no other Federal uencv identified for fundin2)
·Jdentity proposed eligible activities directly related to project to be considered for In-kind services. (Note on Page 4 Section B)
"Separate project application must be submitted for each Global Match project
E. Project Milestones/Schedule of Work
List the major milestones in this project by providing an estimated time-line for the critical activities not to exceed a period of3 years
for performance. (e.g. Desiping, Engineering, Permitting, etc.)
Milestone
TOTAL ESTIMATED DURA nON OF PROJECT:
7
Attach any continuations or additional Items to this page
Number of Days to ComDlete
(Fonn No. HMGPfFMA-001, Eff. 10130/04)
Page 7 of 26
Section IV.
Environmental Review and Historic Preservation Compliance
(NOTE: This øpplicøtion cannot be processed i/this section is not completed.)
Agenda Item No. 1682
April 26, 2005
Page11of31
Because the HMGPIF'MA are federally funded programs, all projects are required to undergo an environmental and historic
preservation review as part of the grant application process. Moreover, all projects must comply with the National Environmental
Policy Act (NEPA) and associated Federal, State, Tn'bal, and Local statutes to obtain funding. NO WORK can be done prior to the
NEPA review procell. If work il done on your propoled project before the NEPA review i. completed, It will NOT be eligible
for Federal funding.
1. The following information is required for the Environmental and Historic Preservation review:
All projects must have adequate documentation to determine if the proposed project complies with NEPA and associated statutes. The
State Environmental Staff provide comprehensive NEP A technical assistance for Applicants, with their consent, to complete the NEP A
review. The type and quantity ofNEPA documents required to make this determination varies depending upon the project's size, location,
and complexity. However, at a minimum, please provide the applicable documentationfrom this section to facilltate the NEP A compliance
process.
[8] Detailed project description, scope of work, and budget/costs {Section I (p. 2) and Section ill (p. 5) of this application).
o Project area maps {Section II, part B & C ofthis application (pp. 3-4)).
IZI Project area/structure photographs {Section II, part C of this application (p. 4)).
o Preliminary project plans.
o Project alternatives description and impacts {Section IV of the application (pp. 6-8)).
o Please complete the applicable project worksheets. Dates of construction are required for all structures.
o Provide any applicable infonnation or documentation referenced on the Information and Documentation Requirements l1y
Project Type (page 9 of this application).
2. Alternative Actions
The NEP A process requires that at least two alternative actions be considered that address the same problem/issue as the proposed
project In this section,Jist twD feadblealternative projects to mitigate the hazards faced in the project area. One alternative is the
"No Action Alternative".
1. No Action Alternative
Discuss the impactS on the project area if no action is taken.
If no action is taken to rebuild intersections nearest to the coastline in Collier County with mast arms, possible severe weather
impacts include: [1] failure of the span wire supporting the traffic signal heads; [2] failure of the signal head hangers which attach
the signal head to the span wire, causing a signal head to fall and become a projectile or an obstacle in the roadway; [3] increased
likelihood of electrical shortage at the signal head disconnect resulting from over-stressing at the connection point.
,.-..
8
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(Fonn No. HMGP/FMA.Q01. Eft'. 10130/04)
Page 8 of 26
,--
Section IV, Environmental Review;
Agenda item No. 1682
April 26, 2005
Page 12 of 31
Alternative Actions, continued
2, Other Feasible Alternative
Discuss a feasible alternative to the proposed project. This could be an entirely different mitigation method or a significant
modification to the design of the CUITent proposed project. Complete all of parts a-e (below) and include engineering details
(if applicable).
a. Project Description for the Alternative
Describe, in detail, the alternative project. Also, explain how the alternative project will solve the problem(s) and/or
provide protection ftom the hazard(s).
As an alternative to retrofitting each of the five aforementioned intersections with mast arm signal supports to increase
stability in high-wind situations, it would be feasable to reinforce the span wire at each location by doubling the nwnber of
cables suspended between each strain pole. This approach may succeed in improving the wind load capacity of the span
wire. However, at critical points, such as where the signal disconnect attaches to the span wire, or where the signal head
attaches to the signal disconnect -- both points which have been susceptible to failure in past storms - no benefit would be
derived ftom the increased thickness of span wire, and a double span wire would not mitigate the potential for failure at
those points.
b. Project Location of the Alternative (describe briefly)
J:8J Attach a map or diagram showing the alternative site in relation to the proposed project site
J:8J Photographs (2 copies) ofaltemative site
Note that alternative sites are identical to proposed sites.
c. ScOpe of Work for Alternative Project
The scope of work for the Alternative Project includes engineering site review, removal of all existing signal heads
and hanging signs, installation of a second span wire with new electrical service disconnects for each signal head,
and reattachment of signals and signs.
9
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(Fonn No. HMGPfFMA-OOI, Eff. 10/30/04)
Page 9 of 26
Section IV.
Environmental Review;
Agenda Item No. 1682
April 26, 2005
Alternative Actions, coliØoeM of 31
d. Impacts of Alternative Project
Below, discuss the impact of this alternative on the project area. Include comments on these issues as appropriate:
Environmental Justice, Endangered Species, Wetlands, Hydrology (Upstream and Downstream surfàce water
Impacts), Floodplain/Floodway, Historic Preservation and Hazardous Materials.
e. Estimated Budget/Costs for Alternative Project
In this section, provide details of all the estimated costs of the alternative project (round figures to the nearest dollar).
a
ees
Total Estimated Project Colt $_$47,790_
10
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(ponn No. HMGPIFMA-001, Etf. 10(30104)
Page 10 of 26
HMGPIFMA ENVIRONMENTAL REVIEW
Information and Documentation Requirements by Project Type
Agenda Item No. 1682
April 26, 2005
Page 14 of 31
Retrofits to Existing FacüitieslStructures
Elevations
Acquisitions with Demolition
o Dates of Construction
o Concurrence from State Historic Preservation Officer if structure is 50 years or
older or if work to be done is outside the existing foo1print.
Drainage Improvements
o Engineering plans/drawings
o Permit or Exemption letter to address any modifications to water bodies and
wetlands .
o Department of EnviroÎunental Protection
o Water Management District
o U.S. Anny Corps of Engineers
o Letter from State Historic Preservation Office addressing archeological impacts.
o Concurrence from U.S. Fish and Wildlife addressing any impacts to wildlife,
particularly endangered and tIU-eatened species and their habitats.
o If the project is in coastal area; attach a letter from the National Marine Fisheries
Service addressing impacts to marine resources.
o Concurrence from Natural Resource Conservation Service ifproject is located
outside city limits and may impact prime or unique fannland.
Note: This is a general guideUne for most projects. However, there will be exceptions.
Consult with environmental staff on project types not listed.
11
Page 11 of 26
Attach any continuations or additional Items to this page
(Form No. HMGPIFMA-OOI, Eft'. 10130104
Agenda Item No. 1682
April 26, 2005
Page 15 of 31
Section V.
Maintenance Agreement
All applicants whose proposed project involves the retrofit or modification of existing public properly or
whose proposed 'project would result in the public ownership or manøgement of properly, strvctllres, or
facUities, mllSt ftnt sign the foUowlng agreement prior to submitting their application to FEMA.
(NOTE: Those appUcants whose project only in'Vol'Ves the retrofitting, ele'Vation, or other modijiClltion to
private property where the ownership wUl remain pmate after project completion DO NOT haJ'e to complete
this form.)
The County of Collier. State of Florida, hereby agrees that
if it r~te~":yCF:î~ aid as a result of the attached project application, it will accept res,P0nsibility, at its own
expense if necessary, for the routine maintenance of any real property, structures, or facilities acguired or
constructed as a resUlt of such Federal aid. Routine mamtenance shall include, but not be limited to, such
responsibilities as keeping vacant land clear of debris, garbage, and vermin; keeping stream channels, culverts,
and storm drains clear of obstructions and debris; and Keeping detention ponds free of debris, trees, and woody
growth.
The p~se of this a~ment is to make clear the Subgrantee's maintenance responsibilities following project
award and to show the Sub~tee's acceptance of these responsibilities. It does not replace, s1lpercede, or add to
any other maintenance responsibilities imposed by Federal law or regulation and whicli are in force on the date of
project award.
Signed by Fred W. Covle. the duly authorized representative
(printed or typed 7Ulme o¡"tgnlng official)
Chairman. Collier County Board of County Commissioners.
(tilie)
this 26th (day) of Aunl (month), 2005 (year).
Signature·
*Please note: The abo'Ve signature mllSt be by an indMtlual with legal signing authority for the
respecti'Ve local government or county (e.g., the Chairperson, Board of County Commissioners or the
County Manager, etc.)
12
Page 12 of 26
Attach any continuations or additional Items to this page
(Fonn No. HMGPlFMA-OOl, Bff.l0I30104)
Property Acquisition Worksheet
Agenda Item No. 1682
April 26, 2005
Acquisition ~fOhly
A. Prepare a separate worksheet for each individual orooertv to be acquired. Please note: Participation in an acquisition
project must be vo¡""tøry on the part of the property owner.
o Include at a mJDimum four (4) color photographs showing a front view, a side view, and a back view of wi!.
structure to be aeauired. Attach photographs to the worksheet for that property
B. Site Information:
I. Owner's Name: _
Social Security Number: _ (needed for duplication of benefits (DOB) determination)
Spouse's name (if applicable): _
Spouse's Social Security Number: _ (needed for duplication of benefits (DOB) determination)
2. Street Address (including city, state and zip code) or PhysicallLegal Location:
3. If the structure is located in a Special Flood Hazard Area (SFHA) and was substantially damaged (i.e., greater than 50%) you
must obtain a Substtmtitù Dtullage Certificate signed by the Local Building Official (preferably using FEMA's Residential
Substantial Damage Estimator (RSDE) software). .
Pletl8e Note: The data for numbers 4,5, and 6 of this part of the application and all of Section Dare"ot Nl uÜ'ed lfthe structure is
located i" the SFHA a"d ø Substø"tüzl Damage CertlfiCllte is øttached.
4. Base Flood Elevation of Property: _
5. Lowest (Finished) Floor Elevation of Principal Structure:_
7. Post Mitigation Property Use:
6. Depth of water in the structure _ inches, for _ day(s) and level of event causing flooding _ year flood.
(10,25,50,100,500)
C. Structure Information
I. Attach a copy of the local government Tax Assessor's record for the subject property; and, if available, a tax map.
2. Building Type: (check one)
o I-story wlo basement 0 2-story wlo basement 0 Split-level wlo basement
o I-story with basement 0 2-story with basement 0 Mobile Home
o Split level with basement
o Other:_
3. Building Use: (check all that apply)
o Primary Residence 0 Rental Property
o Public Building 0 House of Worship
o Secondary Residence
o Multi-Family
o Commercial Property
o Other: _
4. Construction Type:
o Wood Frame
o Concrete Block
o Brick
o Other: _
13
Page 13 of 26
Attaçh any çontinuations or additIonal Items to this page
(Form No. HMGPIFMA-OOl, Bff.l0/30104)
Property Acquisition Worksheet continued
Agenda Item No. 1682
April 26, 2005
Page 17 of 31
Acquisition Projects Only
5. Date of Construction for the structure: (ifstructure is older than 50 years, attach letter from State Historic Preservation Officer):
6. Total Square Footage of Principal Structure (heated and cooled areas only): -
7. Estimated Cost to Replace Principal Structure (if known): $---1 square foot.
8. Axe there accessory or out buildings on the property? 0 Yes 0 No If Yes, 0 Attached 0 Detached
Please describe (location, type ofstructure, age, value):
9. If the project involves the acquisition of a commercial property you must complete a Hazardous Materials Questionnaire for that
property. If applicable, please contact the HMGPIFMA Environmental Section at (850) 922-5779 for a copy of the questionnaire.
D. mstory of HazardsIDamages (to the Property being acquired)
List all current and past damages to the property (including damages to the structure, its contents, and any displacement costs). Include
damage from declared disaster events AND other hazard events that did not result in a presidential declaration. NOTE: These data are
not required if the property is located in the Floodway or if a Substantial Damage Certificate (for most recent disaster) is attached.
Date Level of Flooding Event Description of Damages Cost of
(e.g., 10,20,50 yr. flood) Depth of Flooding RepairsIReplacementJ
Dwp~cementJSUucmr~
Content
Note regtll"di1lg damage estlmtltes: the date, level of event, description of damages, cost of repairs/replacement must be specific to
ONLY the building under consideration. County wide damage estimates (e.g., Hurricane Irene, 1999 caused 2 million dollars damage)
cannot be used. Additionally, vague information is not usejùl or acceptable in lieu of specific building damage estimates. The property
damages can be a homeowner's estimate; however, please include a contractor's itemized repair estimate, if possible.
14
Page 14 of 26
Attach any continuations or additional items to this page
(Form No. HMGP/FMA~Ol, Eff.lOI30104)
Property Acquisition Worksheet continued
Agenda Item No. 1682
April 26, 2005
Acquisition ProJedfdlily;f 31
E. Ac:qullition Cost Worksheet
PlfUlliej1Jl out II septlrøte Acquisition Cost Workaheetfor ellCh property to be IICI uÌ1'ed (IfYOIIr project blvolves the quisition of
sevel'tll properties, you "'11)' wish to develop II single spnwheøt thllt lists eøch property. The spl'f!IUÚheet should contllin fill of the
¡"ftmlllltion flelds I" the Acquisition Cost Worksheet below).
Project COIUnformation COlts
Owner'l Full Name: _ NA
Spouse'l Full Name (If applicable): _ NA
Malling Addreu: NA
City, State, ZIP: NA
Property Addre..: NA
Tax Parcel Identification Number: NA
Year BuDt: NA
Square footage of the building (beated and cooled areal only): NA
Pre-Dilaster Fair Market Value·· (Identlh Source: ---> $
Estimated COlt of Demolition $
El1:imated Apprailal Com $
Property Survey Com $
Closing Cosu (uluaOy handled by a title company) S
Relocation Assistance S
Other $
Total COlt to Aequire Property $
"Please note: The community may determine the pre-tlisaster fair mtl1'ket value by using either the local tax assessed
value (plus a percentage to approximate market value) or a State Certified Property Appraør's estimate. In either
case, the market value must be based on pre-disaster conditions. Also, if a local tax assessed value is used, a letter
from the Local Property Appraiser must accompany the application.
15
Page 15 of 26
Attach any continuations or additional Items to this page
(POnti No. HMGPIFMA-001, Eff.10f30104)
Elevation Worksheet
Agenda Item No. 1682
April 26, 2005
Elevation PIfòjøcü Daly
NOTE: Recommended elevation for Coastal Areøs is at least one foot above the Bøse Flood EleWltion.
Recommended eleWltion for Riverine Areøs is at leøst two feet above the Bøse Flood Elevation (BFE). Please provide
damage history for the structure under consideration only. Also, an entire HMGPIFMA application must be completed
for each structure to be elevated.
o Include at a minimum four (4) color photographs showing a front view, a side view, and a back view ofthe
structure to be elevated. Attach photographs to the property worksheet.
A. Site Information:
1. Owner's Name:
Social Security Number: _ (needed for duplication of benefits (DOB) determination)
2. Spouse's Name (if applicable): _
Spouse's Social Security Number: _ (needed for duplication of benefits (DOB) determination)
3. Street Address (including city, state and zip code) or PhysicallLegal Location:
B. Structure Information:
I. Building Type: (check one)
o I-story wlo basement 0 2-story wlo basement 0 Split-level wlo basement
o I-story with basement 0 2-story with basement 0 Mobile Home
o Split level with basement
o Other: _
2. Building Use (check all that apply)
o Primary Residence 0 Rental Property
o Public Building 0 House of Worship
o Secondary Residence 0 Commercial Property
o Multi-Family 0 Other: -
o Slab on Grade
o Concrete Block
o Crawl Space
o Other: _
3. Construction Type: 0 Wood Frame
4. Foundation Type:
o Block Foundation
o Other: _
5. Date of original construction for the structure: _
6. Date of modification/upgrade to the structure (if applicable): _
7. What is the pre-disaster value of the building? _ (Provide a copy of Tax Assessor's record, or certified appraisal)
8. What is the total value of the contents of the building? _ (If uncertain, a value of $20,000 or 30% of the
Building Replacement value, which ever is greater)
9. What was the depth of flooding in the building? _ inches
10. How long was the building flooded? _ days
11. Provide the level of the flooding event: _ (e.g., 10-year event, 25-year flood, etc.)
16
Page 16 of 26
Attach any continuations or additional Items to this page
(Fonn No. HMGPlFMA-OOl, Bff.l0130104)
.-------
Elevation Worksheet continued
Agenda Item No. 1682
April 26, 2005
Elevation Plfòþlctl øð,y
12. Elevation Information
Total Square Footage of Principal Structure (heated and cooled areas only): _
Lowest (Finished) Floor Elevation of Principal Structure (above sea level): _
Proposed Elevation Height (above sea level) minimum of2 feet of free board above BFE is required:
_ Feet Inches
Proposed Foundation Type for Elevated Structure: 0 Columns
o Pilings
o Other:_
C. Required information for elevation projects located in a V-zone or numbered A-zone:
I. What is the elevation of the lowest livable floor of the building? _ (A copy of the surveyor or engineer's Elewztion
Certlficøte for the building is ref{llired)
2. What is the Base Flood Elevation (BFE) at the building site? _
3. What is the local code requirement regarding elevation? _ (e,g., BFE + 1.0', etc. provide a copy of the applicable local
code language/section)
4. From the FEMA Flood Insurance Study (FIS), which includes the project site, fill out the appropriate table below:
*Plf!QSe Note: FISs can be ordered fÌ'om the Map Service Center at 1-800-358-9616. For more information about
FlSs, contact your local agencies or visit the FIS site on the FEMA Web-page at htto:/lwww.fema.llovIMSClfis.htm
Iflocated In a Riverine Flood Zone (numbered A-zone or AE zone) fill In the followlnK table:
Flood Frequency Peak Discharge (CFS) Flood Depth
to-year
50-year
IOO-year
SOD-year
Iflocated In a Coastal Flood Zone (V-zone or A-zone subject to storm sUNe) fU1 in the followfn2 table:
Flood Frequency Flood Depth
10-year
50-year
100-year
500-year
17 Page 17 of 26
Attach any continuations or additional Items to this page
(Form No. HMGPlFMA-OOl, Eff.l0I30/04)
Elevation Worksheet continued
Agenda Item No. 1682
April 26, 2005
Elevation PiIf:1/fJf:ts øðly
,-,
D.
History of HazardslDamages (to the structure being elevated)
List all current and past damages to the structure (including its contents). Damages must be fully documented (i.e., you may be asked
to produce supporting evidence for any claimed damages). Include damage from declared disaster events ~ other hazard events
which did not result in a presidential declaration.
Note regørdillg dtøu1.ge estlmtlles: the date, type of event, and description of damages must be specific to ONLY the building under
consideration. Countywide damage estimates (e.g., Hurricane Irene, 1999 caused 2 million dollars damage) cannot be used.
Additionally, vague information is not usejùl or acceptable in lieu of specific buüding damage estimates.
Date Name of Event; Type of Event Damage Cost to Structure Damage Cost to Content
(e.g., storm surge, closed basin flooding, etc.)
&1999 Hurricane Irene; Storm Surge $36,000,00 $15,000.00
Note: Flood Insurance Policies must be purchased for all structures that are part of a FEMA elevation project. For more information
contact the Floodplain Administrator in your area or visit the National Flood Insurance Program Web Page at
(httD:/Iwww.fema.slOv/nfiu)
18
Page 18 of 26
Attach any continuation. or additional Item. to thl. page
(Form No. HMGPIFMA-OOl, Eff.l0130104)
~.__.__.-
--..,,~--'-".-
Elevation Worksheet continued
E. Elevation Cost Information
Use the Elevation Cost Worksheet below to develop a detailed cost estimate, which must include all project costs. Any project costs that do not
clearly fall under the specified categories should be submitted to the Department for review and determination of funding eÜ81"bility ID1dcr the HMGP
and the FMA program. For atrølght devødðff the 'trflChlr. "'"" b. røtrojlttftl to tM wind ItHulIYfW.".,,1s (L.. Itor", .hrdtø,." h"".ictme clip"
dc.). eo"'pkú pøga 20-22 olth. W'uuI Røtroftt Worbh.øt.
Elevation Cost Worksheet
Agenda Item No. 1682
__ ~ril ?6, 2005
Elevation p,..,..t2GtII,
Description Explanation of costs Total Costs
E.dmate coltl for aD applicable Item. (e.g., 12 item. @ $40 each)
PermittinglRecording/LegaJ Fees
Demolition Permit $
Building Permit(s) $
Plumbing, Electrical, Mechanical Permits $
Recording Fees $
Legal Fees $
Planning and Design
Surveying and Site Layout $
Elevation Certificate(s) $
Engineering Design for Elevated Structure $
Site Preparation
Structural Demolition $
Lot Clearing $
Debris Removal and Disposal $
ExcavationIFill for Grading $
Retrofitting/Elevation of an Existing Structure
Concrete & Block Work; Masonry Work $
Drilling & Installation of Piers, Columns, or Piles $
Beams and Columns $
Embedment and Sealant $
Foundation Walls $
Structural Steel Work $
Bracing and Anchoring $
LiftinglJackingÆlevating $
Backfilling $
Detachment and Reattachment (of elements affixed to structure) $
Sub- Total for Page $
19
Page 19 of 26
Attach any continuations or additional Items to this page
(Form No. HMGPIFMA.ool, Eff.l0I30/04)
Elevation Worksheet continued
Agenda Item No. 1682
~prìl ¥6, 2005
Elevation Pf'fI fIJJf.3ØtíIy
Sub-Total from previoul page S
Description Explanation of COlta Total Com
Estimate costs for aD applicable Item. (e.g., 1:Zltem. @ $40 each)
New Construction
Sub-flooring $
Wall and Roof Framing and Shell Construction $
Exterior Doors and Windows, Insulation $
Hunicane ClipslTies $
PorcheslDecks (if pre-existing) $
Stairs and Railings $
Plumbing Rough-in (for supply and drain, waste and vent) $
Electrical Rough-in (main cirçuit panel, junctiOD boxes and outlets) $
InstaUation of ductwork for, ventilation, and air conditioning $
Final Clean-up $
Systeml Extenlionl (for elevated buildingl only not for new conltruetion)
Electrical Service $
Plumbing/Water Service $
Sewer/Septic System $
HV AC and Ductwork; Elevating Mechanical Equipment $
Additional Insulation $
Roof and Foundation Drainage Systems $
Soil Stabilization/Retaining Walls $
Landlcape ReplacementJReatoration (for landlcaping dilturbed by conltruetion)
Evaluated on a case-by-case basis $
Dilplacement COlta
Moving Costs $
Temporary Storage Costs $
Temporary Living Facilities Costs $
Otber Eligible Com (list additional costs to be determined by the Department for eligibility 1U1der the HMGPIFMA programs)
Other(s): _ $
Total EHgible Project COlts $
DRAINAGE PROJECT WORKSHEET
20
DRAINAGE PROJECTS ONL Y
Page 20 of 26
Attach any continuations or additional Items to this page
(Fonn No. HMGPIFMA-001, Elf, 10130104)
'·_oh"~"';"",_ If
Agenda Item No. 1682
April 26, 2005
Page 24 of 31
Municipality/County: Collier County
Project Title: Traffic Shmal Mast Arm Rebuilds
The following information must be provided for completion of the Technical Review:
I. Plot the project area on a Flood Insurance Rate Map (FIRM), include the ftont page of map displaying the Community
Identification Number.
2. City or County Scale Map identifying the entire project area.
3. Topographical Map and FIS study of the affected area with appropriate flood elevations for 1,10,50,100 & 500 Year Flood
Depths and Peak Discharges.
4. Provide attachment to verify the total number of repetitive loss structures within the affected basin. (Homeowner name,
address, type of home, content damage, structure damage). The following should also be provided:
o Depth of flooding inside each structure.
o Elevation Certificate for each structure.
o For each structure provide one of the following: Uniform Residential Appraisal Report (URAR) or
Summary Appraisal from Realtor or Means Cost Estimate or Marshal & Swift cost estimate.
o Verification of the ''Frequency of Event" which caused the damage to the property i.e., 10-Year, 25-
Year, 50- Year I 00- Year etc. (Information must be obtained ftom USGS, NWS, NOAA, or
Hydraulic/Hydrology Engineer or Rainfall totals for specific date, month & year i.e. how many inches
in what period of time).
o Verification of losses due to repetitive minor flood events (e.g.. 1,2,..5 Year Frequency) indicate name
of event, date of incident and amount ofloss per structure building and content.
5. Economic loss per day for loss of function of bridge or road.
o Estimated number of one-way trips.
o Detour & delay time per one-way trip (hours, days).
6. Verification of the total number of structures that will benefit from the mitigation project.
7. Photographs of the damaged infrastructure property. (Ditches, Culverts, Swales, Detention/Retention Basins and Ponds).
8. Preliminary or final Engineering Design Plans and a line item breakdown of the Total Project Cost.
9. A Summary Report from the consultant or Professional Engineer describing the problem and the proposed solution with the
necessary supporting Engineering Calculations for the project/solution. The report should also certify the level of protection
and the magnitude of event the completed scope of work will mitigate. (Example: 40 homes will be protected against a 100
Year Flood Event.) Finally, the report should provide an estimate of damages that is anticipated for events beyond the
mitigation efforts. (Example: The 40 homes can anticipate 15% structural damages for 250 Year Event and 30% structural
damages for a 500 Year Flood Event).
10. A Letter of Map Revision (LOMR.) may be needed for this project. Any changes to the FIRM need to be reflected on the
flood maps, which is accomplished through the LOMR. process. The construction of this project may lower the 100-year
flood elevation and thus, possibly lower the flood insurance rates for structures in the project area. If the LOMR. process is
applicable to the proposed project, please contact the Department for assistance at (850) 922-5269.
Additional Comments:
21
Page 21 of 26
Attach any continuations or additional items to this page
(Fonn No. HMGPIFMA-OOl, Eff.l0I30104)
Wind Retrofit Worksheet· HMGP only
Agenda Item No. 1682
April 26, 2005
WIND RETROFIT PROJEC"'~~f 31
Please fill out this worksheet completely. A separate wOŒsheet is required for each structure to be wind retrofitted.
181 Attach photographs (two copies) of each side of the building to be retrofitted.
o Provide evidence that the shutter system complies with the Dade County Specifications. The best evidence of this is a
certificate issued by the Dade County Building Department stating that the proposed shutter products have been tested,
approved, and comply with the Dade County Specifications. Non-certified shutlers or products cannot be used.
Fill out the table below. NOTE: AU shøtløtlllne Items øre r
, A. Project Informadon
I B. BuDding Data
(1) Select Building Type
I
o Non-En JIaeend Wood - Wood buildings do DOt receive specific enginoorin¡ attention.. Examples include
lingle and multi-bUy roaldences, some one- or two- story apartment units, and some small commercial buildillgs.
o Non-Enpneend Ma..1II')' - Thc:se masonry buildings do not receive IpCIclfic engincerin¡ attClltion.
ExIllDpIcs include tingle and multi-fiunily residences. some one- or two- story apartment un.iœ, and some small
commercial buildings.
o Manufaetured BuIldIna - These buíldings are typically light metal structures or manufåctured housing units
(e.g., mobile homes). ManufllCtured buildings are produced in large numbers of identical or similar \II1Ì11.
o Up.tly Enpneend - These buílding. may combine D18Ionry with steel ftaming, open-web steel joists, wood
ftamlng, and wood rafters. Some parts of the building receive engineering attention while others do not. Examples
include motels, commeœial, and light industrial buildinp.
o Faly Enpneend - Usœlly thcøe buildings are designed for a specific site and thus rec:eive specific,
individualized design attcntion fioom profœsional architect¡ and engineers. Examples include hlgh-riae office and
hotel building., bolpitals. and most public buildinga.
k8J Otber - These buildings do not fit into any of the dcacrlptkms listed above.
(5) Historic Building Controls
(6) Disaster Nwnber
22
Page 22 of 26
Attach any continuations or additional Items to this page
(ponn No. HMOP!FMA.()Ol, Eff.l0I30104)
.~._-~-
.._._._-~~
Wind Retrofit Worksheet - HMGP only
I C. Building Size ODd U..
Agenda Item No. 1682
WIND RETROFIT PROJECT~~~~~~g~
, F. Displacement Costs Due to Wind
(1) Rental Cost of Temporary Building Space (S/sf/month) 0
(2) Other Displacement Costs (S/month)
I G. Value of Public Non-Profit Service
(3) Post Disaster Continuity Premium (S/day)
, H. Rent and Business Income
(1) Total Monthly Rent from aU Tenants ($/month) 0
(2) Estimated Net Income of Commercial Businesses (S/month) 0
~ Mitigation Project Data
23 Page 23 of 26
Attach any continuations or additional Items to this page (Fonn No. HMGPfFMA-OOI, Eff.I0I30104)
Wind Retrofit Worksheet· HMGP only
Agenda Item No. 16B2
_APr.il.fR,2005
WIND RETROFIT PROJEC~~Y1f 31
I J. Temporary Relocation Costs ~
(1) Relocation Time Due to Project (months) 0
(2) Rental Cost During Occupant Relocation ($/month) 0
(3) Other Relocation Costs ($/month) 0
24
Page 24 of 26
Attach any continuations or additional Items to this page
(Form No. HMOPfFMA-OOl, Eff.lOI30104)
Wind Retrofit Worksheet. HMGP only
Agenda Item No. 1682
WIND RETROFIT PROJEC~~~~~~
Shelter Retrofit Project Only
Benefit Cost Data Collection Form
A. Project Information
Complete
Is a separate worksheet attached for each structure?
Are photographs of all elements of the building to retrofit attached?
Is there an Engineer's certification for level of protection proposed attached?
Are a completed LRDM Table and Survey Checklist attached?
DYes DNo
DYes DNo
DYes DNo
DYes DNo
B. BuDding nata
Select Building Type (Before Mitigation)
D Lightly Engineered
D Fully Engineered
Building Site (Miles Inland)
Number of Stories above Grade
Construction Date
Historic Building Controls
Disaster Nwn ber
C. Building Size and Use
Descn'be the normal day-to-day function of the facility: _
Total floor area: _ (sf).
Area occupied by owner or PubliclNon-profit Agencies: _ (sf)
For the following enter the square Building Area to be used
feet for the appUcable Existing (SF) Proposed (SF)
Critical Facility
Host Shelter -. -~_._- " . , '-- . ----- - -, --. --.---- ----- --_._-_._~_.. --- -
Hurricane Evacuation Shelter (HES)
-. Host Shelter
Recovery Shelter
Refuge
Risk Shelter
Secondary Host Shelter
Other (attach exnlanation)
Wind Retrofit Worksheet· HMGP only
WIND RETROFIT PROJECTS ONL Y
25
Page 25 of 26
Attach any continuations or additional Items to this page
(Form No. HMGPIFMA~Ol, Eff.lOI30104)
Shelter Retrofit Project Only
D. BuDding Value
Building Replacement Value: _
E. BuDding Contents
Contents Description: _
Total Value of Contents: _
F. Value of PubJie Non-Profit Serviees
Deserlption of Services Provided
Number of Persons Served by Facility or
Ca act
G. Mitigation Project Data
Project Description: _
Project Useful Life (Years): _
Mitigation Project Costs: _
Base Year of Costs: _
Annual Maintenance Costs ($/year): _
Notes and Additional Information: _
26
Attach any continuations or additional Items to this page
Agenda Item No. 16B2
Ap~1 26.2005
Benefit Cost Data Collection FOrrTJ:I~8Q1:JJMl8~)
Existin
Pro sed
Page 26 of 26
(Form No. HMGP/FMA-001, Eft 10130104)
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Donna Fiala
District 1
Frank Halas
District 2
Tom Henning
District 3
Fred W. Coyle
District 4
Jim Coletta
Dìs1rict 5
, " " Agenda Item No.
'VJ> lo/l(25? II- W n'1J" W :A'A',//>A/u'1/J/A April
;YÙ()a/}Ca ((JOu.t~# f..(J()tt/, f..(J0/J'JV}1U'~'r/f::/''"V Pag 1
Ó
3301 East Tamiami Trail · Naples, Florida 34112 - 4977
(239) 774-8097' Fax (239) 774-3602
April 26, 2005
Mr. Leroy Thompson
FEMAlState of Florida Disaster Field Office
Mitigation Section
100 Sunport Lane
Orlando, Florida 32809
Subject: Submission of Hazard Mitigation Grant, Traffic Signal Mast Ann Rebuilds
Dear Mr. Thompson:
On behalf of Collier County, I am pleased to submit the enclosed grant application (one
original and three copies) to the Florida Department of Community Affairs, Division of
Emergency Management for the Hazard Mitigation Grant Program.
lfthe project if selected for funding, Collier County is committed to fulfilling an
commitments made in the grant application, including provision of the local match.
We look forward to working with you on this very important project for Collier County.
Sincerely,
Fred W. Coyle
Chairman
Agenda Item No. 1683
April 26, 2005
Page 1 of?
EXECUTIVE SUMMARY
Recommendation to adopt a resolution authorizing the acquisition by gift or purchase of fee
simple interests and/or those perpetual or temporary easement interests necessary for the
construction of roadway, drainage and utility improvements required for the four-lane
expansion of County Barn Road from Davis Boulevard to Rattlesnake Hammock Road.
(Capital Improvement Element No. 33, Project No. 60101). Estimated fiscal impact:
$1,895,000.00.
OBJECTIVE: To adopt a resolution authorizing the acquisition by gift or purchase of fee simple
interests and/or perpetual or temporary easement interests necessary for the construction of the
County Barn Road four-lane improvement project from Davis Boulevard to Rattlesnake Hammock
Road (project No. 6010 1).
CONSIDERATIONS: County Barn Road will be widened from an existing two lane rural
roadway to a four lane urban roadway between Rattlesnake Hammock Road and Davis Boulevard.
On August 13, 1996, the Board of County Commissioners authorized the acquisition by gift or
purchase of the property rights required for the County Barn Road project by adopting Resolution
No. 96-356. Due to shifts in priorities, this project has been started and stopped several times since
its original design in 1995. Most of the property needed for the expansion was acquired under the
previous resolution, however the project design has recently been modified and now there are
additional parcels that must be acquired.
The design modifications to the project have been made to accommodate additional turn lanes,
current access management standards and two additional pond sites for water treatment. These
design modifications have resulted in revisions to the legal descriptions and the addition of several
parcels required for construction. Fortunately, however, the County will not be purchasing any
additional right-of-way from property owners who previously conveyed right-of-way to the County.
It is staffs' recommendation that the Board approve the acquisition of the additional right-of-way
within the project limits as indicated on the County Barn Road Corridor Map, which is attached to
the Gift and Purchase Resolution.
FISCAL IMPACT: In the event that condemnation can be avoided, and all of the proposed right-
of-way can be purchased through negotiated settlements, at or near market value for the property
required, the total right-of-way cost is estimated to be $1,895,000.00. All such payments will come
from the Transportation Supported Gas Tax fund and the Road Impact Fee funds. Source of funds
are gas tax and road impact fees.
GROWTH MANAGEMENT IMPACT: As part of the County's Capital Improvement Element,
the four-lane improvements to County Barn Road (project No. 60101) are an integral part of Collier
County's Growth Management Plan.
Agenda Item No. 1683
April 26, 2005
Page 2 of?
RECOMMENDATION: That the Board of County Commissioners of Collier County:
1. Adopt the attached Resolution;
2. Authorize its Chainnan to execute same on behalf of the Board; and
3. Authorize any budget amendments that may be necessary to implement the collective will of the
Board as evidenced by the adoption of the attached Resolution and the approval of this
Executive Summary.
Prepared by: Lorraine Lantz, ROW Coordinator, TECM
Attachment: Gift and Purchase Resolution
Item Number
Item Summary
Meeting Date
Agenda !tern No, 1683
April 26, 2005
P'ge 3 of ï
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1683
RecommendatIon 10 adopt a resolution aUlhorizing the acquisition by gift or purchase of fee
simple rntere&ts andior those perpetuaJ or temporary easement interests nece&sal)' for Ihe
conS1ruction of roadway, drainage and utiHty improvements required for Ihe four-lane
expansion of County Barn Road from Davis Boulevard to Rat1lesnake Hammock Ro.ad,
{Capital Improvement E.lernent No 33, Project No. 60101). Estlrnlued flsc;al impact
$1,895,00000
4/26,''20059:00'00 AM
Prepared By
4112/200510:57:55 AM
Lorrain.e Lantz
Tnmsportion Servic4!s
DatI!'
Right Of W..y Coordil\i1tor
TECM~ROW
Dat~
Approved By
I<evi,. Hend,Ü:ks
Transportion Se""ice~
Right Of Way Acquisitiun MIUHt!IE!'r
Transportation Engineering and
Com¡:truction
.c.f12/200S 12:17 PM
Datu
Approved By
AtlElJI R. Ruth, P,E.
Tr-ansportion Sel"\l'ic4!s
Sttnior ProjP.ct MatluO!.!t
Tr,msportafilm Engilll~crl"q and
COII ;tF\lct~o"
411212006 ":10 PM
Date
Approved By
Eugene Calv~rt
Tnnsportat~ons Selvic:eg
Principal Project Manager
Tnm'ióportøtion EnginMring and
Constn¡r.tion Manageml!!nt
4/1212005 5:30 PM
Da1e
Approved By
Li~a Taylor
Transþortion Services
Mand.YJ!muntJ8udgE!1 An;aly.t
Trans.portation Administration
4f13t200S 8:38 AM
Date
Approved By
NotTn E. FedN, AIC?
Transport;!)" Servic:\.!'s
Transporta1iøn DivIsion Administrator
Transportation SI~rvice5 Admit!.
'¡f13lZ005 2:18 PN
Dat.
Approved By
Sharon Newman
Ttanspor1ion Se.....ices
Accoun1ing Supervisor
Transporta1ion Adrninistration
4!13l2005 2:55 PM
Dat.
Approved By
Pat Lehnhard
Transpørtation Sr.-rvi!;es
EJl:ee-utíve Secretary
Tr"arI8þot1a1ion Services; Admin
4i14/2005 8:33 AM
Dati!
Appro\led By
OMB C(Þon;lir..-t<)r
County Manager's. Office
Adrninistrative Auistant
Office of Management &. Budget
4/14:200'; 11:35AM
D..te
Approved By
SUS'1n U$h~r
County !\tanager's. Office
Senim" ManQ9f!mlmt!Bt d!J1~t. Analysf
Office of Management... Budget
411"l2005 1 ;'14 PM
Date
Appro\led By
Michnl Smykow.ski
County M¡ma~ll!r·!¡. OWc!~
Miln¡ lg~ment & a~ldg"t Director
Oftj¡: ~ of Marulgenu!flt... Budnet
4{1'¡/Z005 3:14 PM
Dat.
Approved By
Jam~s v. Mudd
Board of County
Commi.$.sioncot'S
Counly Manager
County Managers Office
4i15/200512:22 PM
>-"--",..
Agenda Item No. 16B3
April 26. 2005
Page 4 of7
RESOLUTION NO. 2005-
A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF
FEE SIMPLE INTERESTS IN THE PROPOSED RIGHT-OF-WAY, AS WELL AS
PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY
EASEMENTS, AND TEMPORARY DRIVEWAY RESTORATION EASEMENTS, AND
TEMPORARY CONSTRUCTION EASEMENTS, WHICH WILL BE REQUIRED FOR
THE CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS
TO COUNTY BARN ROAD FROM DAVIS BOULEVARD TO RATTLESNAKE
HAMMOCK ROAD. (CAPITAL IMPROVEMENT ELEMENT NO. 33, PROJECT NO.
60101).
WHEREAS, the Board of County Commissioners (Board), on October 26,2004, adopted Ordinance
No. 2004-71 therein establishing the Capital Improvement Element ofthe Growth Management Plan in
order to establish priorities for the design, acquisition and construction of the various capital
improvement projects; and
WHEREAS, the Transportation Element of the County's Comprehensive Plan was adopted in
Ordinance No. 2004-71; and
WHEREAS, the four-lane section of County Barn Road from Davis Road to Rattlesnake
Hammock Road (Project No. 60101) is one of the capital improvement projects required under the
Transportation Element of the County's Comprehensive Plan; and
WHEREAS, the construction of the transportation improvements and related facilities currently
being designed by American Consulting Engineers of Florida, along the project corridor, as depicted
on Exhibit "A," are necessary in order to protect the health, safety and welfare ofthe citizens of Collier
County, and will assist Collier County in meeting certain concurrency requirements ofthe Growth
Management Plan for Collier County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, that:
1. The Board has determined that the expansion of County Barn Road from two lanes to four
lanes between Davis Boulevard and Rattlesnake Hammock Road (hereinafter referred to as "the
Project") is necessary and is in the best interest of Collier County.
2. The construction and maintenance of the transportation improvements and related facilities are
compatible with the long range planning goals and objectives of the Growth Management Plan for
Collier County.
Agenda Item No. 1683
April 26, 2005
Page 5 of 7
3. It is necessary and in the best interest of Collier County for the Board to acquire a fee simple
interest in the proposed right of way, as well as perpetual, non-exclusive road right-of-way, drainage
and utility easements, and temporary construction easements, and temporary driveway restoration
easements within the project corridor identified on Exhibit "A;" and County Staff is hereby authorized
and directed to acquire said right-of-way and associated easement interests by gift or purchase.
4. The Board hereby directs staff to use independent appraisal reports or internal compensation
estimates as staff detennines is necessary to best serve the needs of the Proj ect in a timely and cost-
effective manner.
5. The Board, in accordance with the provisions of Section 125.355, Florida Statutes, hereby
fonnally waives the requirement for a fonnal, independent appraisal report for the purchase of a
property where the purchase price of the parcel (the compensation due to the property owner) is less
than One Hundred Thousand and 00/100 Dollars ($100,000.00). 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 consideration and application of
appropriate market value and cost data pertinent to the subject parcels.
6. Upon the approval by the County Attorney's Office of all documents necessary for the subject
property acquisition, Transportation Division staff is hereby directed 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
immediate and proper execution ofthc 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 Chainnan and any subsequent Chainnan, for the life ofthe
Project, to execute any instruments which have been approved by the Offiee ofthe County Attorney, to
remove the lien of any encumbrance and for any such other purpose as may be required.
7. In those instances where negotiated settlements may be obtained via the "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 nonnally 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
-Page 2-
~"'_..",,",_.~
···._M_.....<",
--_.~--- --- --,----
Agenda Item No. 1683
April 26, 2005
Page 6 of 7
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.
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 rea1 property to the County, and upon the
proper execution by the property owner ofthose 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 appraisa1 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 properties which have been obtained in the manner
described above shall be deemed "accepted" by the Board of County Commissioners, as the governing
body ofColJier County, Florida, a political subdivision ofthe State of Florida, and as such, staff is
hereby authorized to record in the Public Records ofCollicr County, Florida, deeds, easements or other
instruments as may be required to remove the lien of any encllll1brance from the acquired properties.
THIS RESOLUTION ADOPTED on this _ day of
second and majority vote.
.2005, after motion,
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
ATTEST:
DWIGHT E. BROCK, CLERK
By:
FRED W. COYLE, CHAIRMAN
) Clerk
Approved as to form and
;¿:;:cV~
Ellen T. Chadwell
Assistant County Attorney
-Page 3-
Agenda Item No. 1683
April 26, 2005
Page 7 of 7
DAVIS BOULEVARD
EXHIBIT A
Page-L of-L
ADDITIONAL RIW AND
OTHER EASEMENTS TO
BE ACQUIRED ON EITHER
SIDE OF COUNTY BARN
ROAD WITHIN THE BOLD
OUTLINE (TOWNSHIP 50
SOUTH, RANGE 26 EAST,
SECTIONS 8 & 17).
/J
N
50/26/08
.h_._..___._..._____.................. ............. ·..M_...... ....................... ................. ........ ."............ ..... ............_ .-...._............._...........w........_................ .."..........h.."_._....,_.~.........."__..'._.
50/26/17
RATTLESNAKE HAMMOCK ROAD
Agenda item No. 1684
April 26, 2005
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to approve award of a construction contract with Bonness, Inc.
for intersection improvements in the amount of $519,276.07 on Golden Gate
Boulevard at Everglades Boulevard, Bid No. 05-3802
OBJECTIVE: To receive the Board of County Commissioner's approval of a construction contract for
intersection improvements on Golden Gate Boulevard at Everglades Boulevard.
CONSIDERATIONS: A total of 134 solicitation notices were sent out for this project. Four (4) bids
were received on March 31, 2005 for the construction of this project. The intersection of Golden Gate
Boulevard and Everglades Boulevard is currently experiencing severe operational deficiencies due to long
delays at peak hours. The proposed improvements will improve the traffic flow at this intersection by
adding eastbound right turn and left turn lanes on Golden Gate Boulevard, adding a westbound left turn
lane on Golden Gate Boulevard, adding a northbound left turn lane on Everglades Boulevard, adding
southbound right and left turn lanes on Everglades Boulevard, and providing a fully-operational traffic
signal in lieu of the 4-way "stop" condition that now exists. The work is scheduled to be complete within
seventy-five (75) days of the Notice-to-Proceed.
Bids were received from four contractors as follows:
Bonness, Ine
Better Roads, Inc.
$519,276.07
$634,982.90
Quality Enterprises, Inc.
AP AC Southeast, Inc
$645,014.23
$649,402.90
The in-house cost estimate was $617,000.
FISCAL IMPACT: Funds in the amount of $519,276.07 are available in the Transportation Supported
Gas Tax Fund 313, Project 66065.
GROWTH MANAGEMENT IMPACT: There is no growth management impact resulting from this
project.
RECOMMENDATIONS: That the Board award Bid #05-3802 "Golden Gate Boulevard Intersection
Improvements at Everglades Boulevard" to Bonness, Inc., and authorize the Chainnan to execute the
standard contract after review and approval of the County Attorney.
Prepared by: Daniel G. Hall, P.E., Senior Project Manager, Transportation Engineering &
Construction Management
Attachment: Bid Tabulation
Item Number
Item Summlry
Meeting O_t8
Agenda Item No. 1684
April 26, 2005
Page 2 01 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1664
Recommendation to approve award of a construclion conlract with Bonness. 111<:_ (or
intersection improvem~nts in the amount of $519,276.07 on Golden Gate Boulevard at
Everglades Bou!evÐrd. Bid No. 05·3802
4/26/2005 9:00.00 AM
Prepared By
411212005 1:51:'f0 PM
Danittl Hall
Date
Proje:ct Manager
Transportíon Servic.es TECM
Date
Approved 8y
Rooktnin NòJuth
Trans.portion Services
AccDunting Tr.chnichm
Trnnsopcrtation Adminis.tratiDn
(/1212005 2:08 PM
Date-
Approved By
Dale A. Bathon, P.E.
Transportiol1 S~ "I{iC~5
Prinidp.al Project Manager
lMnspDrtation Engtnp.crmg and
Constnl<:tiofJ
4f12,'2(1)S 2:.c5 PM
D.:ate
Approved By
Eugene CaJve.1
Tran:s.port.¡lItion$ Sp.rvice:L
Princípal Project Manager
Transportation Engíneerin9 and
Con£tructiDn Man-.gement
4/12/20055:3& PM
Datt!
Approv~d By
N()nn E. F~!cll!t', Ale?
Transporti~1 SelVices.
TroWli-portôltil)l'I Oivil.ion AdrnlnÌl¡,tmtor
Trat15.portatì )n Service!> Admín.
4-'13l2005 2:23 PM
Date
Approved By
Sharon Newman
TmtJsportiDn SIHviceu
Accounting Supervisor
Tr.mspprt<ltil)n Adn,ìni¡;hation
04/131200$ 2:25 PM
Date
Approved By
Brenda Brilhart
Administrative Ser'Jices
Purchasing Agent
Purc.hasing
4113,'20054;30 PM
Datp.
Approved By
Steve Canw
Adminístra.tivp. Services
Pumhosin!i1/Grmeral SVC$ Qir(!(:far
Purchasing
4iHt2005 8:36 AM
Date
Approved By
p¡~t Ldmhard
Transportation Servíces
Ex~cutìv!~ SeçretiUY
TranspoJ1.atjQn Services Admin
4J1""2OO5 6:46 AM
Date
Approved By
OMS CoordinatDr
County M.magerâo Officj~
Adtniuìstrativt> As.sh.tant
OffÏ!:., I)f Manlilgemuut 8. Budnet
411"12'00611:37 AM
Date
Approved By
Susan Usher
County Manager's Office
Senior MnnagementlBudget Analyst
O 1icc of Managemunt & Budgltt
4/14/200512;58 PM
Date
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Office of Management & Budget
4"4120<15 1 ;02 PM
Date
Approved By
James V. Mudd
Boa,-d of County
Commissioner$.
Count}' MUt:l.ugef
County Mønag.,,.·s Office
41'15/200511 :42 AM
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EXECUTIVE SUMMARY
Agenda Item No. 1685
April 26, 2005
Page 1 of 2
Recommendation to approve advertisement for bids to construct the six-Ianing of Rattlesnake
Hammock Road, from Polly Avenue to Collier Boulevard, Project No. 60169 at an estimated
construction cost of $20 million.
OBJECTIVE: To receive Board approval to advertise for bids the six-Ianing of Rattlesnake
Hammock Road from Polly Avenue to Collier Boulevard.
CONSIDERATIONS: On March II, 2003, the Board approved Agenda Item I6BI, a Professional
Services Agreement for design services to widen Rattlesnake Hammock Road from Polly Avenue to
Collier Boulevard with Agnoli, Barber & Brundage, Inc. Public information meetings were held at the
30%, 60%, and 90% design stages. During this period several developments have come into being on
Co11ier Boulevard and the initial stages of construction have begun on two projects within the project
area. There are future plans for a hospital as well as the widening of County Barn Road and the Santa
Barbara Extension at Polly A venue. Considering growth and the cost benefits, a decision was made to
revise the medians to provide for the six-Ianing at this time. An additional information meeting was
held on April II, 2005 to present this concept to the public.
The schedule provides for project advertisement on July 51\ 2005 and bringing a construction contract
back to the Board for approval at their September 13th, 2005 Board meeting. This will allow the
contractor to physically start construction on the project at the first opportunity that water conditions
allow in the fall. During the advertisement period, the designer will complete design of the access road
and entrance to the school bus facility and design of a multi-use pathway on the north side of the
project. Those features will be added to the project once the necessary permitting is obtained. It is
important that these design elements be handled separately so lack of permitting for them does not
delay the construction start for the entire project.
The necessary right of way and permitting will be secured prior to construction. The project will take
two years to construct. Two-way traffic will be maintained at all times during construction.
FISCAL IMPACT: The estimated cost for this contract is $20,000,000. Funding in the amount of
$20,000,000 will come ITom the Transportation Supported Gas Tax Fund and Impact Fee Funds.
Impact Fees will be utilized first. Source of Funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: The expansion of Rattlesnake Hammock Road is currently
identified on the AUIR (CIE No. 77) and is consistent with the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve advertisement for bids to
construct the six-lane widening of Rattlesnake Hammock Road from Polly Avenue to Collier
Boulevard.
Prepared by: Gary Putaansuu, Senior Project Manager, TECM
, ~".,........
Item Number
Item Summary
Meeting Date
Anenda I(em No 1685
- April 26, 2005
Pag~ 2 012
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1685
Recommendation to approve advertisement fDr bids 10 construct the six-lanrng of
Rattlesnake Hammock Road. from Polly Avenue 10 CotHer Boulevard, Project No, 60169 at
an esllmated construction cost 01" $20 million
4/26/20059:00.00 AM
Prepared By
4-t12í20Q5 3;04:&4 PM
Gary Put~arH;U(l
Tran.s.porti()f Smvi{;(!$
Date
SenIor ProJec.t Manager
TnmS;JIOt1atiurl ErIH¡n~~ríra~ ;uld
Construction
Oat.
Approved By
Eugene Ca V"~rt
Transportations S~rvice:l
Princ.ipal Projec.t Manag~r
Transportation Engineering and
ConS"tnh:ctiQI'1 Maf)iI Jem.f!l1t
4/12/2005 5;37 PM
Date
Approved By
Brenda BrUhart
Adminis.1ratlve Servìce~
Purchasing Agent
Pur(:hi1sing
4i13:12005 8:66 A.M
Date
Approved By
C;Jrolìne Soto
Tr<lnr.portiDn Servic~!i
Adminis¡tmtive As..istant
Transportation Engin~erïng and
Construction
4113110G511:22 AM
Datu
Approved By
Sharon NewmatJ
Trillns.ponion ServíCf!Si
Accounting Sllper'~sor
TranG,)orht1ion Admínis.tmtion
4(13/200511:51 AM
Date
Approved By
Norm E. Feder, AICP
Transportioll Servic;(I)'5
Trans»Qrtation Division Administrator
Trlm1lporidtiOfJ S4!t1dc;fj,'S Admin.
4;13/2005 2;26 PM
Date
Approved By
Usa Taylor
Transportion Services.
Management/Budget Analyst
Transportation Administration
4113i2005 2:5& PM
S¡~nìor Purchasing ;UH' Contracts
Agent
Oat.
Approved By
Kelsey Ward
Adminifö1:rative Services
Purchasing
4/13/20055:12 PM
Cate-
Approved By
Ste\ '(!' Cam(!1I
AdtJlinj"tmtive Servicu
Pur~hasing!Gencral Svc.s Director
PIJY!:ha~ltlg
4i14/2005 8:"6 AM
Date
Approved By
Pat LelmhíJrd
T rml!; )I)rtutíOIl S(Irvi ;c$
Executive Secretary
Tmnspt>rtiltion S~lVk~5 Admin
4/14·/2D06 9:29 AM
Oat.
Approved By
OM8 Coordìnator
County Manag~!r'r. Ofhce
Administrative Assistant
ONII:e of Management & Budget
4/1411Q051:18 PM
D3te
Approved By
Sus.m Usher
County Manager's Offlce
Senior Mómagemen1iBudget Analys1
Office of Management & Budget
4-!1812005 2:37 PM
Date-
Approved By
MichuelSmykowsili
County Manag~r'$ Office
Mnnugcmt'nl & BHdgt'!t Director
Offic.e at Management & Budget
fi18!2005 3:13 PM
Date
Approved By
James V. Mudd
BOflrd of COlmt~.
Comtnissi )n~rs
County Mannger
County Manager's. Office
4¡19i2005 1(U8 AM
Agenda Item No. 1686
April 26, 2005
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to award Bid #05-3805 for preparation and delivery of Title
Commitments and Real Estate Closing Services
OBJECTIVE: To place title companies under annual contracts for use by the offices of
Transportation Engineering & Construction Management Right of Way and Real Estate Services.
CONSIDERATIONS: Transportation Engineering & Construction Management and Real
Estate Services utilize "outsourced" service providers to prepare and obtain title commitments
for prospective right-of-way and other land acquisitions. The Purchasing Department invited all
firms listed in the business section of the local phone directory under "Title Companies" to
submit bids for title services which might be required by Collier County during the next several
years. These services include the preparation of title commitments (search and examination of
title), the issuance of title policies, and the preparation of real estate instruments required to clear
title and close real estate transactions.
Due to aggressive real estate and right-of-way acquisition schedules, in support of Transportation
and Public Utilities work programs, it was detennined by staff to be in the best interests of the
County to award the bid to all three finns that responded. Those finns are:
1 American Government Services
2 Midwest Title
3 American Acquisition Title, Inc.
FISCAL IMPACT: None. The annual agreements are "standing" agreements governing the
price and delivery of title commitments, endorsements, title insurance, and real estate closing
services. When these services are required by Collier County, they are paid for :&om each
particular capital improvement project's budget. As such, payments for title services are
authorized by the Board as each capital improvement project is authorized by the Board Please
refer to the attached bid tabulation sheet for the fee schedule for each finn.
GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATIONS: That the Board of County Commissioners of Collier County,
Florida:
1. Approve the award of Bid #05-3805, Annual Agreement for Preparation and Delivery of
Title Commitments and for Real Estate Closing Services to the three finns listed in this
Executive Summary; and
2. Authorize its Chainnan to execute on behalf of the Board a separate "Annual Agreement
for Title Commitments and for Real Estate Closing Services" with each of the finns to
whom this award is made.
.'.- Prepared by: Kevin Hendricks, Right-of-Way Acquisition Manager
Attachment: Bid Tabulation Sheet
.-'_....~,-,. , ·····""^_~'__d·__',"_......___..,.".".
Item Number
Ilem Summary
Me.tlng Date
Agenda Item No. 1686
April 26, 2005
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1686
Recommendatíon 10 award bids and approve the: Annual Agreements for Title
Commitments and Real Estate Closing Services and authorize the Chairman to execute
same on behalf 01 the Board
4/26/20059:00,00 AM
Prepared By
4/11120054:1&:48 PM
Kevin Hendricks
TrOl"sportiorJ ScrvÍi:t!$
Date
Right Of Way AcquisItion Managa-r
TranSOftor1ìo1ti<1tl Enuinl!!erinn ¡uld
Construction
Date
Approved By
Skip Camp, C.F .M.
Adminis tt.ativc S{~rv ice!;
FilGilitie.s. Man3gement DireGtor
F;lcilitie$ Man.agemullt
4/11/2005 4:4D PM
RP.>ili Est t~ SI~rvÜ~(m Miiln;.~er
Dab~
Approved By
Cluuies E. Carringf<m. JI..
SRfI.'IlA
Administralivlt ServicC5,
F ac:ilities ManaQt"tnent
4i12,'200iii 11:33 AM
DatI!!
Approved By
Kevin Hendricks
TraflSf)ortiDn Servkel>
Right Of Way Acquisition Manager
Transporta1ion EngìnE'erìng and
Construction
-«./1212005 12:13 PM
Date
Approved By
StUlron Nllwrni~l)
Trans.portioo Ser\'iœilì
Accounting Supenri'l>or
Transportation AdmÎo¡.s.tration
4i12/2005 5:27 PM
DatI!'
Approved By
Eugene CalVE'rt
Transportations SenlÍee!>
Principal Project Manag~r
Transportation EngirHtflring and
Constnl(,1ion Management
4;12/2005 5:28 PM
Date
Approved By
Mike H..uer
Administrati....e Services
Acquisition Manager
Purchasing
4/12/2'0055:35 prJl
Date
Approved By
NI)rnl E. Feder, AICP
T,-ansport¡or¡ ServÍl:t!$
T",n1õp<ubtiofl Dì"i$ion Admini$ôtrator
Transportation SerJic.es Adnlin.
4i13i2005 2:16 PM
Dat8
Approved By
steve!' Carnell
Admif)i1õtrative s.,rvicf!$
Purr..hasingíGtmeral Svcs Director
Pun:ha~¡n!J
4/13/20053:55 PM
Oa1e
Approved By
Len Golden Price
Adrn¡rl¡!~ttuti...c Snrvicl~t¡
Administrative Services Administr/]tor
Admjni$trativl~ SNVÎ(:Ð$ Admil~.
4.113í2006 5:08 PM
Oat.
Approved By
Pat Lehnhard
Transportation Servì(:r.s
Executive Secretary
Tran¡¡.port.tio-n Sel"Yic.I!'.'; Adlnin
4!1<fí2005 9:25 AM
D<rte
Approved By
OMS Coordinator
County M3n~ger's Office
AdmìnÎstr-;iltive As.s¡s.tant
Offícf!' of Management & BudglL!t
4J14/2005 11 :30 AM
D...
Approved By
Mark Isuckson
County Manager's Offie~
Budget Analyst
OfficI!! of Management & BudglL!t
4i14/20(}S 5:00 PM
Dat(>
Approved By
Michael Srnykowski
County Msnagf':r''$ Office
Management & Budget DírectQr
Office of M¡magem~nt & Budget
4;15120051:57 PM
Date
Approved By
James V. Mudd
Board of County
CoIn01i$5ioners
County Mal1ager
Ct)UnfV Manayer's Office
<1'15/200$ <1:57 PM
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Agenda Item No. 1687
April 26, 2005
Page 1 of 23
EXECUTIVE SUMMARY
Recommendation to approve submittal of a Florida Forever (FF-S) Grant to the
Florida Communities Trust for the Gordon River Water Quality Park in the
amount of $8,600,000.
OBJECTIVE: To receive approval of the submittal of a Florida Forever (FF-5) Grant to
the Florida Communities Trust for the Gordon River Water Quality Park in the amount of
$8,600,000.
CONSIDERATIONS: The Gordon River Extension Basin Study was completed in May
2001 to address water quality and drainage issues in the Gordon River Watershed. The
study identified problems to be retrofitted or corrected through construction to alleviate
flooding. Stormwater treatment areas were needed to address the overall basin issues.
The undeveloped 50-acre parcel located at the comer of GoodIette-Frank Road and
Golden Gate Parkway presented a good opportunity to develop a stormwater treatment
area. The parcel was purchased on March 29, 2004 for $19,214,818 and the Stormwater
Department was tasked with developing a water quality treatment area. A Request For
Proposal (RFP) was sent to prospective bidders on December 31, 2004 for the design of a
water quality park to include passive recreation, alleviate flooding and improve water
quality. CH2M Hill was selected as the design consultant and the BCC will consider
approval of the contract in April or May of 2005. Once the Scope of Services is
accepted, the design and permitting phase of the project will take approximately 8 months
to complete.
The purpose of the Florida Forever (FF-5) program is to acquire land for community-
based parks, open space and greenways. Eligible applicants are counties, municipalities
and nonprofit environmental organizations. For FF-5, Florida Communities Trust (FCT)
has $66 million available for acquisition of property or for reimbursement of pre-acquired
property. Each applicant is limited to applying for up to 10%, or $6.6 million, of the total
available funds. If an applicant submits more than one application, the total requested
cannot exceed the 10% limit. This year, a change in the rule now allows an applicant to
apply for up to 15% of the total Florida Forever Funds as long as the applicant only
submits one application for a pre-acquired project. Therefore, Collier County could
apply for up to $9.9 million if submitting only one application for a pre-acquired project.
Pre-acquired projects must be submitted within 2 years of purchase.
Projects are evaluated by FCT staff based on a variety of criteria and are then ranked by
the FCT Governing Board in August or September. Among the requirements is a
conceptual master plan which is intended to identify planned improvements to the
property, such as boardwalks and trails, fishing piers, playgrounds, etc. as well as areas
planned for natural or historic preservation or restoration. The evaluation is based on
items committed in the Conceptual Master Plan, however, a Management Plan that
details the improvements is not required until after funding is awarded. After submittal
of the application, changes to the Conceptual Master Plan that negatively affect the
project scoring, may result removal from the list of funded projects.
Agenda Item No. 16B7
April 26, 2005
Page 2 of 23
Staff evaluated several potential projects to determine the most competitive submittal.
Others that were evaluated included America's Business Park, which is a Conservation
Collier property, and Caribbean Gardens. America's Business Park is a pre-acquired
property and., as the Gordon River Quality Park, would also qualify for up $9.9 million.
Caribbean Gardens would qualify for up to $6.6 million. A preliminary score for the
Gordon River Water Quality Park was approximately 20 points higher than the
preliminary score for America's Business Park. Since Caribbean Gardens has not been
acquired and still has many issues related to plans for its future use and purchase cost, a
preliminary score could not be calculated.
To make the most of the available funding and to ensure a competitive project, it was
decided to submit an application this year for the Gordon River Water Quality Park.
When details are worked out and the Caribbean Gardens parcels are acquired, this project
may also make an excellent FCT project for a future grant cycle. America's Business Park
could also potentially be submitted in a future grant cycle and could even be submitted at
the same time as Caribbean Gardens if a partner organization would agree to submit for
one or the other.
FISCAL IMPACT: The purchase price of the Gordon River Water Quality Park was
$19,214,818.32. Acquisition costs, including surveys, appraisals and a Phase I
Environmental Assessment were approximately $49,805. $10 million in funding has
been directed to reimburse this purchase from Agreement OT040600 executed between
the South Florida Water Management District and Collier COW1ty for vacating the
roadway easements related the Southern Golden Gate Estates (SOGE) restoration plan.
The FCT application will request $8,600,000, which is the maximum amoW1t that can be
requested to get the maximum points for the local match amount (55% match and above
yields 25 points). Grant funds that are reimbursed to Collier COW1ty as a result of this
award may be used as needed by Collier COW1ty to purchase other property, pay for park
or other development of public property, pay salaries etc. The use is left to the discretion
of Collier County.
GROWTH MANAGEMENT IMP ACT: The Florida Forever Program rewards projects
that demonstrate consistency with the local comprehensive plan. Purchase and proposed
development of property is consistent with numerous directives of the Growth
Management Plan. Fee-simple acquisition of conservation lands is consistent with and
supports Policy 1.3.l(e) in the Conservation and Coastal Management Element of the
Collier County Growth Management Plan.
LEGAL CONSIDERATIONS: Following award of the grant by the Governing Board
in August or September of 2005, FCT staff will forward a Grant Contract to ColliereCounty for approval by the Board of County Commissioners. This contract will set
important time limits for project completion, including preparation and approval of the
Management Plan and the Project Plan. Following acquisition or reimbursement, Collier
County will maintain title of the property. FCT will not award funding if the property is
or was involved in any eminent domain and condemnation, even if the result of
Agenda Item No. 1687
April 26, 2005
Page 3 of 23
"fi-iendly" proceedings. All sites selected for funding must be examined for hazardous
materials contamination and if there are "recognized environmental conditions" that
result, a Phase II Environmental Site Assessment must be perfonned. Collier County will
be required to assume all liability for future adverse action or cleanup associated with the
property if the assessment yields any environmental concerns.
The County Attorney's Office has reviewed the grant application.
RECOMMENDATION: That the Board of County Commissioners approve submittal
of a Florida Forever (FF-5) Grant to the Florida Communities Trust for the Gordon River
Water Quality Park in the amount of $8,600,000 and authorize the Chairman to sign the
transmittal letter that binds Collier County to fulfill the commitments made in the
application.
PREPARED BY: Margaret Bishop, Project Manager, Transportation Services Division,
Stormwater Management Department
Attachments: (1) Executive Summary; (2) Transmittal Letter; (3) Draft FCT Grant
Application; (4) Conceptual Site Plan
Item Number
Item Summary
Meeting Date
Approved By
Ricardo V..lera
Tmnr.portjf)fl ServiclUl
Agenda Item No, 1687
April 26, 2005
Page 4 of 23
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1687
Recommendation to approve sUbmIttal of a Florida Forever (FF ·5) Gran1 to the Florida
Communities Trust for the Gordon River Water Quality Park in the amount of S8,600,000,
4126/200590000 AM
Director
Date
Stornl\Alat~r Mllru'g~mcl1t
4!11/2005 i~S1 PM
Date
Approved By
Marlene J, Foard
Administrative Services
Grants Coordinator
Admini.s.tr;IlÎvr. Services Admin.
4/12120056;40 AM
Datu
Approved By
AIJI;¡¡nda Town~end
Public Services.
Oper""tiotl~ CoordirHltor
Parks and Recreation
4/12/2005 9:09 AM
Date
Approved By
Norm E. Feder, Alcp
Tr¡¡¡nsPQ,tion Sl!rvie~!$
Tnm1õport<ltion Division Admjnistrator
Tr-.U11öpuI1.utiot! Services Admin.
4112120U6 3:16 PM
Date
Apprond By
Sharon Newman
Traosportion Services
Accounting SuperÚ50r
Transportation AdministrntlO.n
4113f200511:08 AM
Date
Approved By
Thomas Palmer
County Attorney
AasÍ!-.h!nt County Attomey
County Attorney Office-
4/131200512:07 PM
Dint!
Approved By
Pat L~hnhJJn~
Tral1sportation Services
EXi!'cutiv,~ Sm:retllty
Transportatíon Services Admin
4'13/200512:58 PM
Date
Approved By
Marhl RamSf!Y
Public SeNice.s.
Park!ô & R~!creatiort Oirector
Parks. and Recreation
4/14/20059:12 AM
Dale
Approved By
OMS Coordinaior
County Managf!r's Officf<
Adminilôtrative Assistant
Officf! of t,hu)¡t~lfMni!'ht & Budget
4/14,1200511:30 AM
Date
Approved By
Susan Usher
Counry Manager's Office
Senior M.anagementlBudget Analys.t
Otfic:e of Management 8. 9udqÐt
4/1G/200510:35 AM
D,ate
Approved By
Mic:ha~1 Smykowtilki
County Manager's Office
Malnage-m~!"1 & Budgo1 Diredor
Office of ManagE'ment & Budget
4I18/2D05 2:28 PM
Date
Approved By
Jamc-s V. Mudd
Bj).~nt at County
C() nrnis;.$iulIl~n;
Coonly Manager
County Manager's Office
4/18120054:41 PM
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1. PROJECT NAME Gordon River Water Qualltv Park
(Descriptive project name)
2. APPLICANT NAME Collier County Board of County Commissioners
-
(Name of local government or nonprofit environmental organization)
If nonprofit environmental organization, also provide the required information requested in Exhibit M and N.
3. PARTNERSHIP APPLICATION
Is this a partnership application between two or more local governments or nonprofit Yes No
environmental organizations, as described in Rule 9K-7.002(26), FAC.? X
If "Yes," provide the name(s) of the local govemment(s) or nonprofit environmental organlzation(s).
4. KEY CONTACT PERSON
Note: The Key Contact is required to be an employee of the local government or designated representative of the
nonprofit environmental organization. Identify only one key contact person.
Key Contact Name Margaret A. Bishop
First Middle Initial Last
Title Prolect Manaaer
Department/Nonprofit Organization Transportation Services Division/Storrnwater Manaaement DePartment
Mailing Address 2885 South Horseshoe Drive
City Naples . FL Zip Code 34104
Note: If the applicant's principal office address is a post office box, a delivery address is also required.
Delivery Address 2885 South Horseshoe Drive
City Naples . FL Zip Code 34104
Phone Number (239) 213-5857 Fax Number (239) 659-5790
E-mail address MaraaretBlshop@collieraov.net
Chief Administrator for the Local Government (City or County Administrator)
Name: James V. Mudd Phone Number (239) 774-8383
5. PROJECT SITE LOCATION
County Collier Section 27 Township 49S Range 25E
Note: Cite only one Section, Township and Range to indicate where a/l or most of the project acreage is located.
Include all directional designations ( Township either North or South - - Range either East or West).
6. TOTAL PROJECT ACREAGE 49.81 Acres
Indicate the approximate acreage of the project site to two decimal points.
Agenda Item No. 1687
'. ,. April 26, 2005
Page 6 of 23
FLORIDA COMMUNITIES TRUST
FLORIDA FOREVER PROGRAM
_ APPLICATION FORM FCT·3
Form FCT-3 (Effective 2-21-05)
Page 1
""-,- --
Aoenda Item No. 1687
April Lb, LUU::J
Note: The applicant must fill out one or more of the following sections (7, 8 and/or 9) as appropriate. Page 7 of 23
7. PRE-ACQUIRED PARCELS
The entire project site or a portion of the site has been pre-acquired by the applicant through a voluntarily-
negotiated transaction within 24 months prior to the application deadline. If so, provide the ownerlSJ
name(s), parcel tax identification number(s), and the closing date(s) of each pre-acquired parcel.
Owner's Name Parcel Tax ID Number Date of Closing
Collier County 13800022000 3/29/04
Collier County 13800023009 3/29/04
Collier County 13800021001 3/29/04
The use of condemnation or the threat of condemnation is not considered a voluntarily-negotiated transaction
and parcels acquired under these conditions do not qualify for acquisition or reimbursement under this program.
8. REIMBURSEMENT ACQUISITION - Parcels to Be Acquired (Applicant conducts the entire acquisition and
is reimbursed by FCT after the acquisition is completed) N/A
The entire project site or the remaining un-acquired parcel(s) in the site will be acquired by the applicant
through a voluntarily-negotiated transaction. If so, provide the ownerlSJname(s), parcel tax identification
number(s), and the anticipated dosing date(s) of each parcel.
Owner's Name
Parcel Tax ID Number
Date of Closing
For project sites with more than one parcel to be acquired, the applicant must complete the Acquisition Plan on
page 5.
The use of condemnation or the threat of condemnation is not considered a voluntarily-negotiated transaction
and parcels acquired under these conditions do not qualify for acquisition or reimbursement under this program.
9. JOINT ACQUISITION - Parcels to Be Acquired (The entire project site or remaining unacquired parcel(s) will
be a joint acquisition with both FCT and the applicant participating in the acquisition process) N/A
Number of separate parcels to be acquired within the project site
Number of separate ownerships to be acquired within the project site
Note: For a project site that consists of six or more ownerships to be acquired, the applicant will be required
to act as the lead party responsible for the acquisition activities, as described in Rule 9K-7.003(6), F.A. C.
For projects with only one owner and one parcel, provide the ownerlSJname, tax identification number,
address and phone number in the space provided below:
Owner's Name
Parcel Tax ID Number
Owner's Address
Phone
For project sites with more than one parcel to be acquired Jointly with FCT, the applicant must complete the
Acquisition Plan on page 5.
The use of condemnation or the threat of condemnation is not considered a voluntarily-negotiated transaction
and parcels acquired under these conditions do not qualify for acquisition or reimbursement under this program.
Form FCT-3 (Effective 2-21-05)
Page 2
10. ESTIMATED PROJECT COSTS
Aqenda Item No. 1687
April Lb, LUUb
Page 8 of 23
Enter an amount on each line and round to the nearest hundred.
a. Land purchase price (estimated or actual)
b. Acquisition costs (estimated or actual)
Cost of certified survey(s), appraisal(s), appraisal review(s),
title report(s), title insurance premium(s), environmental audit(s)
and applicantlSJacquisition agent(s) fees or commission.
S 19.214.818
S 49.805
c. Total Project Costs
[Add a. and b.]
S 19.264.623
11. AWARD AMOUNT AND MATCH
Dollar Amount
Percentage of Award
a. FCT grant award amount (1)
$ 8.600.000
$10.664.623
$ 19.264.623
44.64 % (2 decimal places)
55.36 % (2 decimal places)
b. Match amount (2)
c. Total Project Costs [Add a. and b.]
(Should equaI10.c. above)
(1) The amount of any award or combination of awards to a local government or non-profit environmental
organization under any application or partnership application for any project(s) shall not exceed 10%
of the total Florida Forever funds advertised.
100.00 %
(2) A 25% minimum match is required except for awards to counties with a population of 75,000 or fewer,
municipalities with a population of 10,000 or fewer, and qualified nonprofit environmental organizations
as defined in Rule 9K-7.002(24), FAC. Florida Forever funds cannot be used as match.
12. LOCAL GOVERNMENT POPULATION (for 100% award requests)
Unincomorated: 267,640 - Incorporated: 38.546
Population
Note: Use the latest estimate of resident population from the most recent edition of Florida Estimates of
Population, as published by the Population Division, Bureau of Economic and Business Research,
University of Florida.
13. SOURCE OF MATCH
Check the appropriate response(s) below to indicate eligible source(s) of match:
Existing or future cash from the applicant
X Value of real property owned by the applicant in a qualified pre-acquisition
Note: Include lands within the project site that were pre-acquired within 24 months prior to the
application deadline that are to be used as part of the match.
Cash or grant from regional, state or federal agency
Please specify source:
Cash from a private donation
Value of real property donated by the landowner in a documented bargain sale or donation
agreement.
Note: Include documentation letter from the owner.
Form FCT-3 (Effective 2-21-05)
Page 3
Agenda Item No. 16B7
April 26, 2005
- CI~C " VI L..J
1
14.
OTHER FUNDING SOURCES
Have you applied for funding for acquisition for this project through another federal, regional or
state land acquisition prOQram(s)?
Yes
No
X
If "Yes, " provide the name(s) of the federal, regional, or state land acquisition program(s) to which you have applied
for funding.
N/A
15. SUPPLEMENTAL INFORMATION
Please provide the following supplemental information:
a. The Florida House of Representatives district number that includes the project site: 76
b. The Florida Senate district number that includes the project site: 37
c. The Regional Planning Council that includes the project site: Southwest Florida Reaional Plannina Council
d. The Water Management District that includes the project site:
South Florida Water Manaaement District
e. The name and address of the main newspaper that includes the area where the project site is located:
Name
NaDles Dailv News
Address
1075 Central Avenue
City
NaDles
. FL
Zip Code
34102
16. Community Profile
Provide the following for the local government applicant and/or for the community where the project is located
Note: Use approximate percentages.
If the project site is located in the unincorporated county Cbomplete the following information:
Existing land uses in the County are: ~ percent residential land use, 62.5 percent recreation/open space, ..:!.
percent industrial, .35 percent commercial and 20 percent agricultural. Other 11.85 percent
If the site is located in an incorporated municipality Cbomplete the following information: N/A
The City is approximately _ percent built out.
Existing land uses in the City are, __ percent residential land use, _ percent recreation/open space, --
percent industrial, _ percent commercial and __ percent vacant.
Form FCT-3 (Effective 2-21-O5)
Page 4
PROPOSED ACQUISITION PLAN a~o:;¡ IV VI.o.v
An acquisition plan is required for project sites with multiple parcels or owners to identify the priority parcel(s) and
the general acquisition order of other parcels to ensure that, in the event that all parcels cannot be acquired, the
purposes of the project can be achieved.
List the specific order in which the parcels in the project will be acquired. Acquisition of the project site will begin
with the priority 1 parcel(s). Parcels may be grouped by priority and more than one parcel may be categorized as
priority 1, 2, 3, etc. If all of the parcels are of equal priority and acquiring any of the parcels will achieve the
purposes of the project, categorize all as priority 1.
Note: All parcels categorized as top priority parcels must have a willing owner letter provided as Exhibit 0 as
described on the list of Required Exhibits.
Priority Owner's Name Parcel Tax ID Number Owner's Address Phone
Additional Comments:
Note: The use of condemnation or the threat of condemnation is not considered a voluntarily-negotiated
transaction and parcels acquired under these conditions do not qualify for acquisition or reimbursement under
this program.
Agenda Item No. 1687
April 26, 2005
Form FCT-3 (Effectfve 2-21-05)
Page 5
Agenda Item No. 1687
April 26, 2005
ray'" I UI ¿.J
PROJECT SUMMARY
In the space below:
1. Provide a discussion of the purposes of the project. existing and future uses, existing and proposed physical
improvements, natural and historic resources, and resource protection and enhancement activities.
Collier County is currently in the design stage for the creation of a water quality treatment park that will help
"Save the Naples Bay" from harmful pollutants and alleviate flooding problems In surrounding areas. The park
will also provide a number of passive recreational and educational uses. The proposed park site is situated on
a 50 (+/-) acres parcel of County owned property located on the northeast corner of Goodlette-Frank Road and
Golden Gate Parkway. The stormwater run-off within this watershed discharges directly into the Gordon River,
proceeds to Naples Bay and ultimately makes its way to the headwaters of the Gulf of Mexico. For more than a
decade, the Naples Bay has been subjected to increased pollution as a result of the extensive land
development in Collier county. The stormwater runoff in the Gordon River Basin is full of harmful chemicals
from fertilizers and pesticides, which are slowly damaging the natural ecosystem within the Bay. The
development has also caused a rise in the volume of stormwater runoff, which has lead to the flooding of
certain areas within the Gordon River Basin. Land development growth continues to present major challenges
to the existing Collier County stormwater network and requires innovative new solutions and improvements to
the system in order to accommodate the needs within the region.
The Gordon River Water Quality Park Project consists of a 50-acre natural water quality treatment facility,
which will provide flooding relief and tertiary treatment of stormwater runoff from the Gordon River Extension
Basin. Based on the application of an Interconnected system of multi-depth ponds, polishing marshes, and
wetlands, the man made park will function as a natural filtration system similar to the Everglades. The project
combine wetlands, habitats, trails, boardwalks, fishing piers, educational facilities, extensive landscape and
hardscape with in a passive park setting that will intrigue and educate nature enthusiasts. Project progress will
be documented in engineering and environmental reports to keep the public abreast of the latest
developments.
Form FCT-3 (Eff9ctive 2-21-05)
Page 6
PROJECT EVALUATION CRITERIA
Agenda Item No. 1687
April 26, 2005
Page 12 of 23
Answer the following questions, if applicable to the proposed project. Where requested, provide references to the local
comprehensive plan, support documentation or Exhibits A through P.
Note: Provide a response to each of the following criteria, either check Yes or No. If the answer to a criterion Is
checked "No, " move to the next question. If checked Yes, provide a response as appropriate, limit your
written response to no more than ~ page. Any criterion that Is not addressed or Is left blank will not be
evaluated and no points will be awarded.
(1) GENERAL CRITERIA SECTION
(a) Pre-acquired parcels
Check yes to only one of the following, If applicable:
1. Has a portion of the project site been pre-acquired by the applicant within 24 months prior to the
application deadline? (5
points)
If yes, provide a copy of the closing statement in Exhibit P.
Yes
No
X
2. Has the entire project site been pre-acquired by the applicant within 24 months prior to the
application deadline? (10 points)
If yes, provide a copy of the closing statement in Exhibit P. Closing statement attached as
Exhibit P.
Yes
X
No
(b) Is the project site part of a phased project that was previously selected for funding by FCT?
(5 points)
If yes, identify the project number of the previously funded FCr project and describe the phased nature of the
project.
Yes
No
X
(c) The applicant is committed to providing:
Check yes to only one of the following, if applicable:
1. A match of 40 to 49% of the total project costs.
(10 points) Yes No
2. A match of 50 to 54% of the total project costs.
(20 points) Yes No
2. A match of 55% or more of the total project costs.
(25 points) Yes No
X
(d) Is this the applicantlšlfirst application to FCT or has the applicant submitted previous application(s) Yes No
none of which were either funded or if funded, no parcels were ever acquired? (5 points)
Note: In the case of a partnership application, refer to the Application Instruction Guide.
(e) Will the project provide an alternative to the fee simple acquisition of land through the acquisition of Yes No
conservation easement(s)? (5 points) X
If yes, locate the proposed area to be acquired in less than fee on Exhibit D, discuss the type and purpose of the
conservation easement and provide a letter from the owner expressing his willingness to sell a conservation
easement over the parcel.
Form FCT-3 (Efføctlve 2-21-05)
Page 7
A enda Item No. 1687
(f) Will the project acquire inholding parcels within or adjacent to existing publicly owned conservation qDa I ~
recreation lands? (5 points) X
Note: Oi1holdingCJneans a parcel(s) that is within or adjacent to publicly owned conservation or recreation lands that
when acquired will assist in completing the overall project boundary and improve management of the adjacent publicly
owned lands. The parcel(s) is relatively small in comparison with the overall publicly owned lands.
If yes, provide an exhibit that shows the inholding parcel(s) and the existing publicly owned lands and discuss how
acquisition of the site will assist in the completion of the overall project.
(g) Neighborhood access. The project site is accessible by an existing sidewalk or will be connected to Yes No
an adjacent sidewalk within the next 2 years. (5 X
points)
If yes, show the location of the existing or proposed sidewalks on Exhibit K and /. Discuss how the sidewalk will
connect the project site to the surrounding neighborhood. If the sidewalk is proposed, include a commitment to
construct the sidewalk within 2 years.
(2) OUTDOOR RECREATION, NATURAL AND CULTURAL RESOURCES SECTION
This section identifies whether acquisition of the project site furthers the provision of outdoor recreation facilities and open
space and the preservation of natural and cultural resources. All proposed recreation facilities are required to be
designed with as minimal disturbance as possible to natural resources on the project site.
(a) Outdoor Recreation and Open Space
1. Will the project provide outdoor recreation areas or open space adjacent to existing publicly-owned
upland areas, such as existing parks, museums, schools, libraries, or public affordable housing?
(5
V;s No I
points)
If yes, identify adjacent existing publicly-owned upland araa and locate the parcel on Exhibit K or other appropriate
exhibit. Discuss how the adjacent parcel will be linked with the project site and how the proposed recreation or open
space area will enhance the adjacent publicly-owned land.
2. Will the project include two or more resource-based outdoor recreation facilities, such as a nature
trail, picnic pavilion, fishing pier, wildlife observation platform, or canoe dock? (5
points)
If yes, describe what resource-based facilities will be provided. Show the proposed facilities on Exhibit K
3. Will the project include two or more user-oriented outdoor recreation facilities, such as playgrounds,
basketball courts, tennis courts, bocci ball courts, shuffleboard courts, or volleyball courts either on the
project site or located within 1,000 feet of the project site on adjacently publicly-owned lands? (5
points )
If yes, describe what user-oriented facilities will be provided. Show the proposed facilities on Exhibit K.
Yes No
X
Yes No
X
4. Will the project provide access facilities to an open water shoreline or beach, such as a fishing pier, Yes No
observation platform, dock or dune walkover, and be managed for recreation uses? (5 points) X
If yes, describe what shoreline access facility will be provided and discuss how it will be managed for recreation use.
Show the proposed facility on Exhibit K.
5. Will the project further outdoor recreation or open space in an urban area?
a. Is the project site located within an existing urban service area, as defined in Rule 9K-7.002(40),
Form FCT-3 (Eff9ctive 2-21-05)
~
Page 8
FAC.
points)
If yes, describe the existing urban service area. Provide any relevant maps that support the response.
b. Is the project site located within an urban service area and also within % mile of a built-up Yes No
commercial or high density mixed-use urban area. (5points) X
If yes, describe the land use within ~ mile of the site. Provide any relevant maps that support the response.
Note: to qualify for this criterion, criterion 5.a should have also been answered yes. /fthe project site is located in
a built-up commercia/ or high density mixed use area, criteria 5.b and 5.c should be answered yes.
c. Is the project site located within an urban service area and also within a built-up commercial or high
density mixed use area. (5
points)
If yes, describe the land use surrounding the site. Provide any relevant maps that support the response.
Note: To qualify for this criterion, criteria 5.a. and 5.b. should have also been answered yes.
Yes No
X
(b) Recreational Trail Systems and Greenways
1. Will the project include new or enhanced land-based nature, bike or equestrian trails that are at least ~ Yes No
mile in length? (5 X
points)
If yes, identify the proposed trail system on the project site and show on Exhibit K.
2. Will the project enhance or connect locai, regional or statewide land-based recreational trail systems by Yes No
extending an existing trail system or by providing trailhead or trailside facilities? (5 X
points)
If yes, identify the local, regional or statewide trail network and discuss how the project will enhance the system.
Provide a map of the trail system. Note: A recreational trail system does not include canoe trails, sidewalks, bike
lanes on the road.
3. Will the project enhance or connect a local, regional or statewide network of greenways by expanding Yes No
existing ecological corridors, such as wildlife corridors. (5 X
points)
If yes, identify the local, regional or statewide network of ecological corridors and discuss how the project will enhance
the network. Provide a map of the ecological corridor or wildlife corridor network. Note: An ecological corridor or
wild/ife corridor does not include canoe trails.
4. Will the project further a locally adopted ecological corridor or land-based recreational trail system Yes No
plan for the community? (5 X
points)
If yes, provide a copy or a portion of the greenway or recreational trail plan, including a map of the greenway or trail
network.
(c) Educational Opportunities
1. Will the project site include an interpretive kiosk or interpretive signs intended to educate visitors about Yes No
the natural environment or unique history of the site? (5 X
points)
If yes, describe the interpretive educational signs to be provided.
Fonn FCT-3 (Eff8ctive 2-21-05)
Page 9
~pril 26,.! 2925
'"':::tv ~ ". "-,
2. Will the applicant provide at least 12 environmental or historical education classes or programs per year Yes No
at the project site conducted by trained educator(s) or resource professional(s)? (5
points)
"yes, identify who will be conducting the classes or programs, describe the classes or programs to be provided, and
the frequency of the planned programs.
3. Will the project site include a staffed nature center, museum building, or Neighborhood Recreation Yes No
Center to provide year round educational classes or programming? (5 X
points)
"yes, describe the proposed facility, the size of the proposed facility, and who will provide the programming.
Note: The facility should be a minimum of 1,000 square feet and no larger than 15,000 square feet.
Agenda Item No. 16B7
(d) Natural and Biological Resources
1. Does the land cover on the project site consist of predominantly natural communities that have not been Yes No
impacted by human disturbance or alteration? (5 X
points)
"yes, describe the various natura/ communities on the project site, including the quality of the communities, and the
approximate acreage of each community. Describe the extent and acreage of the disturbances or alterations on the
project site. Note: Predominately natural equates to approximately 70% coverage.
2. Does the project site contain a Priority 1 or 2 Habitat Area as identified by the Florida Natural Areas
Inventory? (5
points)
Yes No
"yes, provide a map and letter from the Florida Natural Areas Inventory that the project site contains either a Priority
1 or 2 Habitat Area.
3. Does the project site contain habitat recognized as typically suitable for one or more listed animal
species? (5
points )
Yes No
X
"yes, describe the habitat on the project site and identify any listed species that may use the site as habitat. Discuss
the present condition of the habitat, the approximate size of the habitat in acres and how it will be protected and
managed.
4. Does the project site contain critical habitat typically suitabie for one or more listed animal species and Yes No
is the site located in a Strategic Habitat Conservation Area, as identified by the Florida Fish and Wildlife X
Conservation Commission? (5
points )
"yes, provide a map and letter from the Florida Fish and Wildlife Conservation Commission that the project site
contains a Strategic Habitat Conservation Area.
(e) Landscaping or Restoration
1. Will a significant portion of the degraded or altered areas on the project site be landscaped with native Yes No
vegetation? (5 X
points)
"yes, discuss the scope of the landscaping effort, including the approximate acreage of landscaped area. Show the
approximate area identified for landscaping on the conceptual site plan, Exhibit K.
2. Will a significant portion of the degraded or altered upland communities on the project site be restored to Yes No I
Form FCT-3 (Effective 2-21-05)
Page 10
a natural community?
points)
If yes, discuss the nature of the disturbance and the scope of the restoration effort, including the approximate acreage
of upland restoration. Show the approximate area identified for upland restoration on the conceptual site plan,
Exhibit K.
3. Will a significant portion of the degraded or altered wetland communities on the project site be restored
to a natural community? (5
points)
If yes, discuss the nature of the disturbance and the scope of the restoration effort, including the approximate acreage
of wetland restoration. Show the approximate area identifted for wetland restoration on the conceptual site plan,
Exhibit K.
Yes No
X
(f) Water Quality
1. Will the quality of surface waters or current flooding problems occurring on adjacent land or land in close Yes No
proximity to the project site be improved by the installation of stormwater facilities on the project site that X
provide wildlife habitat andlor open space in a park like setting? (5 points)
If yes, discuss the existing water quality or flooding problems. Describe the proposed storm water facility and how it
will be designed to provide wilidlife habitat and/or open space in a park like setting. Show the proposed facilities on
Exhibit K.
2. Will acquiring the project site protect an adjacent Outstanding Florida Water, as designated by the Yes No
Department of Environmental Protection? (5 X
points)
If yes, provide a map or other documentation showing that the boundary of the project site is located adjacent to an
Outstanding Florida Water.
3. Will acquiring the project site protect adjacent Class I Waters, as identified by the Department of Yes No
Environmental Protection, or is the project site in a locally designated wellfield protection zone? (5 X
points)
If yes, provide a map or other documentation showing that the boundary of the project site is located adjacent to a
Class I Water or within a wellfield protection zone.
(g) Historic Resources
1. Does the project site contain, or is the project site within ~ mile of, a site listed in the Florida Master Yes No
Site File maintained by the Division of Historical Resources? (5 X
points )
If yes, identify the resource, its location and the Master Site File number.
2. Will acquiring the project site protect a resource on the project site that is listed on the Florida Master Yes No
Site File and also recognized by a local historic board or the Division of Historical Resources as being X
historically significant at the local, regional or state level? (5 points)
If yes, identify the resource, its location on the project site and the Master Site File Number. Identify which
governmental agency, board or expert in the field identified the resource as being significant.
3. Will acquiring the project site protect a resource on the project site that is listed on the National Register Yes No
of Historic Places by the National Park Service? (5 X
points)
If yes, identify the resource and its location on the project site and document the National Register listing.
Form FCT-3 (Eff8ctive 2-21-05)
Page 11
Agenda Item No. 1687
April 26, 2005
rBgc 17 of 23
(3) COMMUNITY PLANNING SECTION
(a) Comprehensive Plan Implementation
For each of the following criteria that are furthered by the local comprehensive plan, cite no more than five (5) relevant
objectives or policies in each response. If the response to a criterion is C9oCinove to the next question. If the
response to a criterion is LiesCð:ite the objective or policy number and paraphrase the plan directive, provide a brief
discussion of how acquiring the site will further the cited objective or policy and indude a copy of the objective or policy in
Exhibit A. If a criterion addresses specific resources or facilities. they must be present on the project site in order for
points to be awarded.
If the project site is located entirely in one local government jurisdiction, the local comprehensive plan of the jurisdiction
within which the project site is located shall be evaluated for scoring purposes. If the project site is located in two or more
jurisdictions, the local comprehensive plan of either jurisdiction shall be compared for compatibility and evaluated for
scoring purposes and if either jurisdictionlSJlocal comprehensive plan is furthered then points will be awarded.
1. Will the project provide acreage or outdoor recreational facilities necessary to maintain or improve
adopted levels of service standards established in the comprehensive plan for recreation? (5
points )
Yes No
X
Numeric citation and summary of objectives or policies:
Summary of how the project furthers the objectives or policies:
2. Will the project further comprehensive plan directives that ensure acquisition of natural areas or open Yes No
space through public acquisition? (5 X
points )
Numeric citation and summary of objectives or policies:
Summary of how the project furthers the objectives or policies:
3. Will the project further comprehensive plan directives to provide new or enhanced public access to Yes No
water bodies or saltwater beaches? (5 X
points )
Numeric citation and summary of objectives or policies:
Summary of how the project furthers the objectives or policies:
4. Will the project further comprehensive plan directives that provide for creating new or enhanced Yes No
green ways or recreational trail systems? (5 points) X
Numeric citation and summary of objectives or policies:
Summary of how the project furthers the objectives or policies:
5. Will the project further comprehensive plan directives that ensure the preservation of natural Yes No
communities or listed animal species habitat? (5 points) X
Form FCT-3 (Effective 2-21-05)
Page 12
Numeric citation and summary of objectives or policies: April 26, 2005
Page 18 of 23
Summary of how the project furthers the objectives or policies:
6. Will the project further comprehensive plan directives that provide for coordination between the local Yes No
government and other federal, state and local agencies or nonprofit organizations in managing natural X
areas or open space? (5
points )
Numeric citation and summary of objectives or policies:
Summary of how the project furthers the objectives or policies:
7. Will the project further comprehensive plan directives to restore or enhance degraded natural areas Yes No
such as restoration of natural communities, restoration of natural hydrology or removal of non-native X
vegetation? (5
points )
Numeric citation and summary of objectives or policies:
Summary of how the project furthers the objectives or policies:
8. Will the project further comprehensive plan directives that ensure the protection or enhancement of Yes No
surface or groundwater quality? (5 points) X
Numeric citation and summary of objectives or policies:
Summary of how the project furthers the objectives or policies:
9. Will the project further comprehensive plan directives that ensure the preservation of historical, cultural Yes No
or archaeological features? Note: The site must contain a feature or have a high probability that a X
feature is present on the site. (5
points)
Numeric citation and summary of objectives or policies:
Summary of how the project furthers the objectives or policies:
10. Is the project site located in an area that has been identified for redevelopment in the comprehensive Yes No
plan and has been locally designated as an urban infill, urban redevelopment or downtown X
revitalization area as defined in Section 163.3164, F.S.?
(5 points)
Numeric citation and summary of objectives or policies:
Summary of how the project furthers the objectives or policies:
Agenda Item No. 1687
(b) Hazard Mitigation
1. Flood Hazard Area. Is all or a portion of the project site located in a coastal high hazard area or a 100- Yes No
year flood plain? (5 points) X
Form FCT-3 (Efføctlve 2-21-05)
Page 13
,_.,~...._---_._-~.
If yes, provide a map identifying the 1 DO-year flood plain or coastal high hazard area and location o(ii~:¡~~~e or I
show on Exhibit J.
2. Local Mitigation Strategy Priority. Is the project site located within an area identified in the CountylSl Yes No
adopted Local Mitigation Strategy as a mitigation priority? (5 X
points)
If yes, provide a map or listing that identifies the mitigation priorities of the local government and a copy of the
County's Local Mitigation Strategy document. Discuss how the project will further the Intent of the mitigation strategy.
3. Designated Brownfield Area. Will the project provide recreational opportunities or open space areas Yes No
within a state designated brownfield area? (5 X
points)
If yes, provide a map showing the boundary of the designated brown field area and the location of the project site.
Discuss how the site contamination will be remediated to allow for the provision of open space or outdoor recreation
activities. Discuss how the remediation will be completed prior to acquisition and the estimated costs and sources of
funding for remediation.
Agenda Item No. 1687
(c) Priority Investment Areas
Review each of the following statements and check all that apply to the project. Undocumented responses will not be
evaluated and points will not be awarded.
Will the project site provide new or enhanced outdoor recreation or open space within the following areas?
1. Front Porch Community. Is the project site located within an area designated as a Front Porch Yes No
Community? (5 X
points)
If yes, provide a map that identifies the boundary of the designated area and the location of the project
site.
2. Florida Main Street Community. Is the project site located within the boundary of an active Florida Main Yes No
Street Community? (5
points)
If yes, provide a map that identifies the boundary of the designated area and the location of the project
site.
3. Eastward Ho! Corridor. Is the project site located within the boundary of the Eastward Ho! Corridor, Yes No
pursuant to Executive Order 94-54, and as determined by the Department of Community Affairs?
(5
points)
If yes, provide a map that identifies the boundary of the designated area and the location of the project
site.
4. Waterfront Florida Community. Is the project site located within the boundary of a current or previously Yes No
designated Waterfront Florida Community? (5
points)
If yes, provide a map that identifies the boundary of the designated area and the location of the project
site.
5. Low Income Community. Is the project site located within a designated low-income community, as Yes No
defined by Rule 9K-7.002(20), FAC.? (5 X
Form FCT-3 (Eff8ctive 2-21-05)
Page 14
Agenda Item No. 1687
April Lb, ;¿UUb
Page 20 of 23
If yes, provide a map that identifies the boundary of the designated a1'9a and the location of the project
site.
points)
6. Rural Area of Critical Economic Concern. Is the project site located within a designated Rural Area of Yes No
Critical Economic Concern? (5 points) X
If yes, provide a map that identifies the boundary of the designated a1'9a.
7. Urban Redevelopment. Is the project site located within a locally designated urban infill, urban Yes No
redevelopment or downtown revitalization area, as defined in Section 163.3164, F.S.? (5 X
points)
If yes, provide a map that identifies the boundary of the designated a1'9a and the location of the project
site.
8. Area of Critical State Concern. Is the project site located within an Area of Critical State Concern, as Yes No
designated pursuant to Section 380.05, F.S.? (5 X
points)
If yes, provide a map that identiflØs the boundary of the designated a1'9a.
9. Rate of Growth Ordinance. Is the project site located within an area subject to an adopted Rate of Yes No
Growth Ordinance that has bee approved by the Department of Community Affairs? (5 points) X
If yes, provide a map that identifies the boundary of the designated a1'9a.
10. Other Special Status Area. Is the project site located within or adjacent to the boundary of a state or
federally designated area not identified elsewhere in the application criteria that is intended to protect or
restore natural resources (e.g., Spring Protection Zone, Aquatic Preserve, Marine Sanctuary, American
Heritage River, National Estuary Program, etc.)? (5
points)
Yes
No
X
If yes, identify the special designation and provide a map that identifies the boundary of the designated
a1'9a and the location of the project site.
(4) PROJECT EXCELLENCE SECTION
Does the proposed project further or exemplify [project excellence[])ased on issues not adequately Yes No
addressed by the evaluation criteria, such as whether the proposed project exhibits strong community-
based support, possesses exemplary characteristics, assists an otherwise disadvantaged community, or
voluntarily helps resolve land use conflicts? (Up to 10 points)
If yes, describe how the project provides for other community needs in a manner that was not adequately evaluated by
the criteria established e/sewhe1'9 in this application. Include documentation, if needed.
Form FCT-3 (Effective 2-21-05)
Page 15
Agenda Item No. 1687
REQUIRED EXHIBITS April 26, 2005
Page 21 of 23
Each of the following exhibits is required to be submitted with the grant application. Provide a label and tab for each
exhibit. Please ensure that all exhibits are legible and of an appropriate scale. If two or more exhibits are consolidated,
make sure this is reflected on the exhibit label. If a specific exhibit is not applicable, include an exhibit page with a
statement that it is [Not Applicable. OLocate the exhibits behind the project evaluation criteria section of the application.
A. A copy of each local comprehensive plan objective and policy cited in the grant application that applies to the project
site. Please highlight or underline the applicable plan directive being referenced.
B. A copy of all proposed local comprehensive plan amendments cited in the grant application that apply to the project.
C. A United States Geological Survey 7~-minute quadrangle map with the project site location clearly delineated.
D. A county property appraiserlSJtax map delineating the project site boundary, access points, names of property
owners, parcel tax identification numbers, and ownership boundaries using an appropriate scale.
E. An aerial photograph at 1 inch = 2,000 feet or greater detail, with the project site boundary clearly delineated.
F. A map that depicts natural communities found on the project site, utilizing the classification system identified in the
Florida Natural Areas Inventory publication [Guide to the Natural Communities of FloridaCi>r other appropriate
classification system. Clearly delineate the project site boundary and include the approximate acreage of each
natural community on the project site.
G. A map that identifies any existing physical improvements, alterations or disturbances occurring on the project site,
such as cleared areas, buildings, roads, fences, docks, power lines, billboards, borrow pits, etc. Clearly delineate the
project site boundary and include the approximate acreage of improvements or disturbed areas. Identify any existing
or proposed utility, road, or other easements or right-of-ways on the site.
H. A Future Land Use Map covering the project site and surrounding area that shows the location of the project site.
I. A map that identifies lands within a three-mile radius of the project site that are used for natural resource
conservation and outdoor recreation, such as parks, preserves, wildlife management areas, greenways, recreational
trail systems, etc. Clearly delineate the location of the project site on the map.
J. A map depicting the 1 OO-year floodplain, the coastal high-hazard area or a wellfield protection zone with the project
site boundary clearly delineated.
K. A conceptual site plan for the project that clearly delineates the project site boundary and shows the approximate
location of all proposed facilities and improvements on the site.
L. One set of labeled photographs of the project site, to be included in the original application, that documents on-
site features such as existing structures, disturbed areas, natural communities, and historical or archaeological
features. Include a legend that identifies the site location and subject matter of each photograph.
M. If applicable, evidence of status as a nonprofit environmental organization as defined in 9K-7.002(24), FAC.,
including documentation from the Intemal Revenue Service that the organization is recognized as a 501 (c)(3)
organization, a copy of the Bylaws, and a copy of the Articles of Incorporation.
N. If the applicant is a nonprofit environmental organization which anticipates being designated as the management
entity pursuant to 9K-7.003(7), FAC., the nonprofit environmental organization shall provide documentation that
they have established an endowment fund in an amount equal to ten percent of the project cost. The nonprofit
environmental organization shall also provide a guaranty or pledge by a Local Government, the Water Management
District, the Florida Division of Forestry, the Florida Fish and Wildlife Conservation Commission, or the Florida
Department of Environmental Protection which shall require the Local Govemment, the Water Management District
or the State agency to take over the responsibility for management of the Project Site in the event the Nonprofit
Environmental Organization is unable to.
O. Letter from the owner(s) of the top priority parcel(s) as identified in the Acquisition Plan for Joint Acquisition projects
or the key parcel(s) for Reimbursement Acquisition projects, indicating their willingness to consider an offer.
P. If a Project Site is Pre-acquired, the applicant shall provide copies of a signed closing statement for each Pre-
acquired parcel. If a closing statement is not available at the time of the application submittal then a copy of the
Form FCT-3 (Eff8ctiv92-21-o5)
Page 16
Agenda Item No. 16B7
contract for each of the Pre-acquired parcels shall be provided and a copy of the closing statements ~I ~ 2005
provided within 14 days after the application deadline. Also, provide a statement that condemnatüiKJi¡2ihiiøt30f
condemnation was not used to acquire the parcel(s).
Form FCT-3 (Efføctive 2-21-05)
Page 17
Donna Fiala
District 1
Frank Halas
District 2
Tom Henning
District 3
Fred W. Coyle
District 4
Jim Coletta
District 5
Agenda Item No. 1687
~;~
..tJ
Pl3~o/Y!l~ ~~ ~~
3301 East Tamiami Trail· Naples, Florida 34112 - 4977
(239) 774-8097 . Fax (239) 774-3602
April 26, 2005
Janice Browning
Florida Communities Trust
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Dear Ms. Browning:
On behalf of Collier County, I am pleased to submit the enclosed grant application (one
original and three copies) to the Florida Communities Trust's Florida Forever Program
for acquisition of the Gordon River Water Quality Park. If the project site is selected for
funding, Collier County is committed to fulfilling all commitments made in the grant
application. It is also acknowledged that proposed uses of the project site will be
consistent with the local comprehensive plan.
I hereby authorize Margaret Bishop, Project Manager, to act as the Key Contact for the
project. I understand that all correspondence concerning the grant application will be
directed to the above designee.
Sincerely,
Fred W. Coyle
Chairman
Ap~aa to form ~nl su.rtiotellf.J;-
\"'^^- ~, .~
Alaietant County Attorney
Agenda Item No. 16B8
April 26, 2005
Page 1 of 10
""'-,~.
EXECUTIVE SUMMARY
Recommendation to approve Change Order No. 5 to Contract #04-3651 with
Hannula Landscaping, Inc., for Livingston Road (Radio Road to Pine Ridge Road)
Landscape Beautification (project No. 600714) in the amount of $148,470.33.
OBJECTIVE: To increase the scope of work under ContTact #04-3654 with Hannula
Landscaping Inc., for landscape beautification to Livingston Road (Radio Road to Pine
Ridge Road).
CONSIDERATIONS: On June 8, 2004 the Board of County Commissioners approved
Contract #04-3651 to Hannula Landscaping Inc. for landscape and irrigation
improvements on Livingston Road from Radio Road to Pine Ridge Road. Change Order
#5 includes increase of soil fur median planters, adding pavers, adding RB 1400 Series
Bubblers (Toro 500) for shrubs only, and deleting and adding of plant materials to
maintain the level of landscaping consistent on Livingston Road. In order to complete
construction, the changes specified in Change Order #5 are required. The total amount of
Change Order #5 is an additional estimated $148,470.33 for a total contract amount of
$1,194,051.84.
--
FISCAL IMPACT: Funds in the amount of $148,470.33 are available for this Change
Order in Fund 112 Project #600714.
GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approve and
authorize the Alternative Transportation Modes Director to execute Change Order No. 5
to Contract #04-3651 with Hannula Landscaping Inc. in the amount of $148,470.33 for
the landscape beautification on Livingston Road from Radio Road to Pine Ridge Road.
PREPARED BY: Bob Petersen. Project Manager, Alt. Transportation Modes Dept.
ATTACHMENTS: (1) Change Order (2) Contract Modification (3) Work Directive (4)
Proposal (5) Updated Timeline
-
Item Number
Item Summary
Meeting Date
Aqenda Item No 16ß8
. April 26, 2005
Page 2 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1688
Recommendation to approve cilange Order No 5 to Contract #04·3651 with Hannula
Landscaping. fnc., 10r Livingston Road (Radio Rû.ad to Pme Ridge Road) Landscape
BeautificatIon (Project No. 600714) in the amount of $148,470.33
4/26'2005 g'OO,OO AM
Liz De Lenn
Opem'tioO$ Coordínatot
4/12í2005 3:05:23 PM
Prepared By
Transportation Services
Date
Alternative Tr.msportation Modes
Sh.lron Nr.wlJùIO
Accounting Supervisor
Date
Approved By
Trôlns.portion Services
Transportation Admínis.tratiot\
4112/20055:56 PM
Gloria Herrera
Mllnogement!8udge1 Analyst
Date
Approved By
TransportioJ' Services
Tr1Inspcrtanon OpC'mti0l15
4/13/20059:01 AM
Diane B. FI.-lgg
Ixntl
Approved By
Transportion Servic.es
Director 01 Alternative TranspOl1atíoll
Modes A TM Diff!(:1:or
Altemative Transportation Mode-s
4r13120Q512:44 PM
NDrm E. Fe.der, AICP
TtantiJ!UI14itÎ()f) Division Adrniuistrat()r
Datu
Approved By
Trôll'uponiofl Services
Transportation Services; Ad",in.
4;13/2005 2::30 PM
Bob PP,1ersetl
Projec.t Manager
Date
Apprond By
Triilnsþortion Sl!tvices
Truffk Operations;1 ATM
4/14i200S 8:07 AM
Rhonda Rembe-rt
Contract Speciali!!t
Date
Approved By
Adminil\.trutivc S ~rvicl~ ;
Purf'.t!a.sing
4/101.12005 ð:S1 AM
Approved By
Steve CarnJ!,1I
AdmmܡtrRtive Services
Purch.uin9'Gen~ml SVCIJ. Directnr
Date
Purçhasin1)
4/1412005 8:&3 AM
Executive Secretary
Dat.
Approved By
Pat Lehnhard
Transportation ServÌ(:e$
Transportation Se.....ices Admin
4/1.110059:35 AM
OMB C()Ordinalor
Ad"Iinls1rative Ässistun1
Date-
Approved By
County Manager's; Office
Office af Managetnent & Budget
4(14/200512:047 PM
Mark \j.lìlckson
Budget Analyst
Date
Approved By
County Manayer'<¡ Offic..
Qf'ke of Managll'fnG!nt & Budget
4i141200S 5:11 PM
Approved By
Micha~ Smykowskí
County Manager's Office
Mal1agelnem & Budget D.rectot
Date
Office of Management & Budget
4í15J2005 2:"5 PM
Cuunty Man¡. Jer
O¡rte
Approved By
Jamm; V. Mudd
Board ot Courlty
Cotnmis;sioners
county Manager's Offk.e
4(18!200$ 12:21 PM
""---~""".~.
Agenda Item No. 16B8
April 26, 2005
Page 3 of 10
CONTRACT MODIFICATION
CHECKLIST FORM
Project Name: Livingston Road Phase 1 & 2 (Radio Road to Pine Ridae Road) Project #: 600714
BIDIRFP #: 04-3651
PO #: 4500032671
MOD #: §
AMOUNT OF THIS CHANGE: $109.467.80
Work Order #: N/A
CONTRACT AMOUNT: ORIGINAL $ 989.892.04 CURRENT $ 1.194.061.84
(STARTING POINT) (INCLUDING THIS CHANGE ORDER)
Last BCC Approved Amount $ 989.892.04
(LAST TOTAL AMT. REQUIRING BCC APPROVAL)
Date of last BCC Approval June 8. 2004
Agenda Item # 16B-20
Cumulative Dollar Value of Change Orders to this ContractJWork Order: $204.159.80
Percentage of the change over/under current contract amount 21 %
Formula: (Current Amount ¡Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% Bee approval is required; under 10% reported to BCe on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section !lI.C.4
CURRENT COMPLETION DATE (S):ORIGINAl: January 24.2005 CURRENT: Mav 31,2005
SUMMARY OF PROPOSED CHANGE (S): Add Davers and add fill (soil) in medians. deletina some Dlant
materials and addina other Dlant materials. AddinG RB 1400 Series bubblers (Toro 500' for shrubs onlv.
Installlaraer Dlant materials and delete smaller material in order to keeD the level of landsC8Dina
consistent on Livinaston Road.
JUSTIFICATION FOR CHANGE (S): To. reDlace Davers to certain locations oriainallv removed from the
c~nJracl To add fill (soil) to brinG backfllllevel to acceDtable helahts. Install thelaruer Dlants to keeD
all of livina.tonconsistent.
PARTIES CONTACTED REGARDING THE CHANGE: Bob Petersen, Diane Flaaa. . Gloria Herrera. Dale
Hannula and Mike McGee.
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
ENDATtON: This form is to be signed and dated.
.~~
n, Project Manager
Date: l.J - /5 çr-
REVIEWED BY:
Contract Specialist
Date:
Revised 9/14/04
Agenda Item No. 16B8
April 26, 2005
Page 4 of 10
CONTRACT MODIFICATION CHECK UST
CONSTRUCTION AND CONSULTANT AGREEMENTS
CHANGE ORDERS, SUPPLEMENTAL AGREEMENTS. AMENDMENTS AND CHANGES TO WORK
ORDERS PROJECT MANAGER REVIEW
1. Document circumstances prompting the change(s) request by...
a. Identìfyingwho initiated the change request
b. Identifying the nature of the change
2. Analyze the change request to determine:
a. The hard and soft costs of the change and the appropriateness of each
b. The benefIts of the change
c. The impact(s) of the change on the project
d. The impact of the change on the overall successlfailure of the project
3. If the change is deemed justified. review the original contract to determine or verify. ..
a. Whether the ehange is consistent with existing project scope
b. The existing terms and conditions (e.g.; price and schedule)
c. That the propösed change is not included within the existing scope
d. The protocol for authorizing changes to the agreement
4. Document the analysis of and the justification(s) for the change.
5. Obtain preliminary review and input from one of more of the following:
a. Other project managers
b. Immediate supervisor
c. Appropriate 3rd party consultants
d. Purchasing and Contracts Agent
e. County Attorney Office
f. Risk Management Department
g. Other County departments materially impacted by the change.
6. Certify the appropñateness of the ehange based on the information gathered in steps 1-5.
7. If the ehange is not deemed justified, notify the appropñate parties and include the documentation
gathered to date in the project file.
8. If the change is deemed justified, identify the appropriate contract instrument (Change Order,
Amendment, Work Orders or Supplemental Agreement).
9. Prepare and process the change document in accordance with...
a. The terms and conditions ofthe existing agreement
b. The County's Contract Administration Procedures.
c. Submit packet, with back up documentation to Purchasing for review
Form Retrieved From:
IIForms/County Forms/Purchasing Forms/Contract Modification Checklist
Revised 9/14/04
(i)
Agenda Item No. 1688
April 26, 2005
Page 5 of 10
Transportation En~ineerjDf! & Construction M·anaf!ement Deoartment
WORK DIRECTIVE CHANGE
PROJECT NAME Livingston Road
(Radio Road to Pine Ridge Rd.)
DATE OF ISSUANCE: March 1,2005
CHANGE # 5
EFFECTIVE DATE: March 2, 2005
OWNER: CoUier County Board of Commissioners
CONTRACTOR: Hannula Landscaping
PROJECT#: 600714
CONSULTANT: Mike McGee
You are directed to proceed promptly with the following cbange(s):
Description: Add pavers as directed by Mike McGee and add fill. Install larger plant materials and delete
smaller material in order to keep the level of landscaping consistent on Livingston Road. (Recommendation
McGee & Associates -Engineer's estimate attached).
Purpose of Work Directive Change: To replace pavers to certain locations originally removed from contract.
To add fill (soil) to bring backfill level to acceptable heights.
When contract was value engineered we were relying on larger plant material to be available upon construction.
Due to hurricanes this affected the availabìlity of the specified plant materials. The CO is to increase the size of
the plant materials to make it consistent with BC 1 type of landscaping.
Attachments: Estimates of CY (cubic yards) of fill. Estimates for plants.
If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a
Change Order based thereon will involve one or more of the following methods of detennining the effect of the
changes(s ).
Method of detennining change in Contract Price:
rg Unit Prices
o Lump Sum
o Other
Method of detennining change in Contract Times:
o Contractor's records
o Engineer's record
o Other
Estimated increase (decrease) in Contract Price
$ 148,470.33
Estimated change in Contract Time:
Increase or decrease by 29 calendar days.
Engineer/Consultant
ACCEPTED:
By: CJ..b.~
Contractor
RECOMMENDED:
By:
04/13/05 8:26 AM
Agenda Item No. 16B8
April 26, 2005
Page 6 of 10
2I28/2005! ¡ ~0
CHANGE ORDER NÜMBE '" .w,..,," r--·------+--·.------,~--·-'-·"--,··
#04-3651 LIVINGSTON ROAD: RADIO ROAD TÓ"p¡¡;;fERíDGE-FfoAD'" .
HANNULA LANDSCAPING, INcJ -T---···--,-------;--------
--~ i I . ,---+.".........-...-"..-...-.-..,..................."...
oW'·--. ¡DESCRIPTION . I. T·---=-j~~_,ª~~.rUÑïT -_===<1Iºl'~Ç.:-"
w.!§º,..lBORE S~~EVES UN~ER SfDE~Al:~ª".._ 12" L~__._~-º.~~§.¡.....~,75~~.9º
_~,... ¡ _''''''''''_~''''~'~''''''''__'_'---t-____..~.,~~,. _._^~.."., ,_..~.".__:..."",.._~v~.~_.."
'--1'- : ÈXCAVATE MEDIANS FOR PAVERS L,S. : 12,885,00 i 12,885.00
---'4475'" : PAVERS: SAND SET! '1 ''".."...-. 'Š-êCh. · ---··----Š-:6sT····25,328.SÖ··
._. . . , .+--___w. _,._"_"....__ . .-,-..~..~.__.
..............__..__ I ,_..."'"'_...1__L---.-.....,.c·_~·_.. ; .".-- ..-,-...".
.....,....1..__.. EXCAVATE NORTH END OF MEDIAN AT J;:.:ª.~,_.,.__. 11.921·9.9.. 11,921.00
STATION 285+00 TO 287+75
,~.,,__,~""".A'"'M_"._._._, .' " ... ...'.',' ~ '''''--'-, """..,..'.._w.""."_·",_·".""~,,·,~,~~'.,··,q_·,,..,,·,,·".-..·._ø_...,........._ø__........"",,.,··_,,'···.
.AND INSTALL CLEAN FILL DIRi i [
--.---..--............: I -¡--- -----·---......··....·r....-·-·--·..·-·-......-r....~..--..-,..
..__XJ.~.. . lADD CLEAN FILL DIRTìÑ MEDIANS EŸ9-~~·~~[":··~··~Iºº¡· 1..Ø.ª..$~·OO
_........__.. : FROM RADIO ROAD TO GOLDEN GATE I ..__...__....L....-._..._.....
... lPARKMJAY ¡ I ..
73···..TÄDDC[ËÃÑï=lIi''DIRT IN MEDIAÑ·· ··==".·Jç~Lyg:=!=::.._::~8.0ºJ ·...?~º-~6º=
[IMMEDIATELY NORTH OF GOLDEN' .
.....--........... :GATE PA~'r<YÝAY I ! _.._"'-..,,_..~...-.-....,..-......---'- ..,,- . ....
-....-..........--.."TFP8.L I i ·_--1=-.._".~1:·"":,,:..:-·..·I--.._·····_····~:,,r--:···......=::..::::.
···...:TO·....·TFTATHÃTCH PALM ; --....TEA..---t-..S--:¡..:Ö..õ...····· (910:00)
.. .:É... ..._!.CABB~§É.'pALMS .m'._ ...-..-..........~.._-._---·3E "_~.. '" ___~__ _~.50 _~ ..j~oL~~i
·3 ,SILVER BUTTONWOOD ¡ H_. E.~_.._~___..1.72·-º-º-__..i51~~ºº1
.5 . BLACK OLIVE SHADY LADY ..-\-.___ ;,~_w,_... ..~__ 188.00 ..___Œ~O.oql
-3 iCATTLEY GUAVA ____.lEA 187.00 ! . _ (561.00ì
m"~9""~'" .1!i.~~1~~~~~~¡~:~~BlERS ìEA__....._L__ e2.5.2...J..J?l~~.~.~ºQ}
EA ! 530.00! 4,770.00
·-..f....·..iHë)"Ñ(fRONG ORCHID iEA--....-----229·:ÕÕ·¡-.... 1.60foo"
......-..61'-·.. CABBAGE PALMS "'1' ·....-·-·-~·..,--·····..12-1.'5(j' 7,411.5Õ
··..-37.. ¡BLACK OLIVE SHADY LADY 14' .._w.....-rEA..·..;..·..·..·....3õ5.õQ·L..1{2:8sOô..
..-'2Õ....· I ~~~~~~I~~~~ES BuJBLERs·-..·I---....:::=·=~:~~=::=·~..r-.. 1 :;:~g +.~:~;}~~~:
-"3Õ'''''' TORO 500 STREAM BUBBLERS FOR ---'EÄ----·-^"---------:¡-S.ÕÕ-r ""'450'-ÖÕ'
-",-",w;SHRUBS ONLY , '.._-~-. .-_.-~-_....
--a'" . ¡LIVE OAKS 100 GAL I .._-...·_..-r-·_·..··..-..rEÄ..···"~··. 720.ÕÕr·4:3'2Õ~OÔ··
_'n'-'m~'ä5·..·..·-" ¡BUSH ALLAMANDÃ\ _'m-r-~--~^~ ~·~-~·ËÄ~'~--,·_,··_~--T_·~~N*h~_Ar"'·"^ ~v"'-'4'8ã~80 ~
...-~.75 ~__~MULCH PINE STRA~r"_'__'_''''''''': '--..-J~~·çËŠ-=~=.~..~:4~..L__~_-48r.5(
. .
, ..
....-.,.--."'.........u_.~·__·~'^',.."'.'f~-~·.-.· ,.>. '. ' .....,~~"."~,~,~.._--.~--_._-~,."~._."..,.".".~"..,~,,.-,,..-^"...,'~"---..+-.,."'~."_..<-,....,....-...-y~_..,,... .~~., " ."'-,._~-,.----.....,
, : BOND INCREASE: ! 'LS .. 3.200.00.. 3.20000
"~..,_..__".,~ . ...."'.~_...........__-+._.-__....-....,_._........~...'_.v'~1..·_·.·.~-_"'_"M''''^''.....__.,_~_,---<¡~.............._·~..¥^'.,,'~''''_.·_v.v._..-.-.·~_i
45 'EXTEND TIMELlNE .. I 'DAYS' ~..
i --r----~----''''--~...--,....-
; -+--'
.= _:~·.._·___l__._I .. ITOTAL"ÃDOITONS . +__ --·-T11~,!i27,30
____....__.__ .. , ¡TOTAL DELETIONS i '. 6,159.50
.._____._. ,NET CHANGE _.__..J.....__~=I:1º~.~.~J:_I!º"~
___y_,~,~'..._,~....~ ; ...""._------..'_'~h.." ~. ,·"·.·.m'"..~___......._,___··_..·.~..._.._,_..ø._
-L-.__.._..~..._--,...........--'-_................_...., ..... . .......... ... ...'.m...._.................... . "...
I
FROM : McGee 8. Associates
FAX NO. 941 417 0700
Agenda Item No. 1688
Apr. æ 2ØØ5~t 2fipOOO~:?
Page 7 of 10
LIVINGSTON ROAD PHASE I & II PLANT MATERIAL UPGRADES, ADDITIONS & DELETIONS
Replaçement of plants from value ."gin_ring: o.te: 04-01-01
QTY. Plant Type Sheet No. station No. SiZe Unit Cost TOtal
2 Jaoaranda LS-7 174+00 Per contract $ 275.00 $
1 White orchid LS-8 179+00 Per contract $ 325.00 $
1 White orchid Ls-8 186+00 Per contrad $ 325.00 $
1 Black olive LSo10 223+00 14' ht.,f.g. $ 340.00 $
1 cattleyGUav8 LS-11 236+00 8' ht.,f.g. $ 250.00 $
1 Silver Buttonwood LS-11 240+50 8' ht.,f.g. $ 250.00 $
1 Yellow elder LS-11 248+50 percontrac:t $172.00 $
1 Yellow elder LSw11 2~+ÐO per contract $ 172.00 $
1 Orchid trl!l8 LSw12 251...00 percontract '229.ot' $
1 Yellowpoincìana LS-12 257+00 perc::ontract $ 219.00 $
1 Cassia LS-12 262+00 per oontract $ 172.00 $
1 Live Oak LS-12 263+50 per contract $ 515.00 $
1 Jacaranda LS-12 265+00 per contraat $ 275.00 $
1 Yellow poinciana 1.8-13 277+50 per contract $ 219,00 $
1 White orohld LS-8 280+50 Per contract $ 325.00 $
1 Orchid tree L.S-12 283+00 per contract $ 229,00 $
Additional Total: .
550.00
325.00
325.00
340.00
250.00
250.00
172.00
172.00
229.00
219.00
172.00
515.00
275.00
219.00
325.00
229.00
4.667,00
paant upgrades:
QTY_ Plant TE Location Size unit COst Total
-3 cattJey . uava Median 2S gat $ 187.00 $ (561.00)
..046 Cattley Guava RMI 25 gal. $ 187.00 $ (8,602.00)
3 Cattley Guava Median 8' ht.J.g. S 250.00 $ 750.00
46 CðttIey Guava RIW 8' ht..f.g. $ 250.00 $ 11,500.00
Additional Total: $ 3,017_00
-30 Royal palm RIW 1'-Z g.W. $ 530.00 $ (15.900.00)
-12 Royal palm Median 1'·2' g.w. $ 530.00 $ (6.S60.00)
30 Royal palm RIW 3'-4' g.w. $ 881.00 $ 20,610.00
12 Royal palm Median 3'.4' g.w. $ 681.00 $ 8,244.00
Additional Total: . 6.694.00
-20 Black otive R/W per contract $188.00 $ (3,160.00)
-23 Slack olive Median per connct $ 188.00 $ (4,324.00)
20 Black olive R1W U.1 ht.,f.g. $ 340.00 $ 6,800.00
23 Black o\Jve Median 14' hl.f.g. S 340.00 $ 7,820.00
Additional Total: S .,536.00
-4 Black olive Retention area per contract $ 95.00 $ (380.00)
4\. Black olive Retemion area 14' ht..f.g. $ 340.00 $ 1,360.00
Additional Total: $ 980.00
..s Silk floss Retet'ltìon area ~r contract $ 155.00 $ (930 .00)
8 Silk floss Retention area 45 gal. $ 195.00 $ 1,170.00
A.dditional Total: S 240.00
-1 Yellow poinciana Retention area per contract $ 95.00 $ (95.00)
1 VeUow pioncíana RetentiOJ'l area 4A gal. $ ~1g.00 $ 219.00
Additional Total: $ 124.00
FROM : McGee & Associates
-881 PlumbagO
881 PlumbagO
Median
Median
-96 Silver bottOnWOOd RAN
.e Silver bottonwood Median
98 Silver bottonwood RJW
6 SiLver bottOnwOod Median
·37 Cassia
-3 Cassia
37 Cassia
3 Cassia
-16 Yellow elder
-4 Yellow elder
18 Yellow elder
4 Yeflow elder
RIW
Mediln
RNJ
Median
RJW
Median
RJW
Median
FAX t>(). 941 417 0708
Agenda Item No. 1688
Apr. Ø6 ~~9:1~O~3
Page'ð' ót 1Ö
per contract $ 3.87 $ (3,.408.47)
3 gal. $ 8.60 $ 7.~.50
Additional Total:. 4,078.03
per contract $ 172.00 $ (16,512.00)
per contract $ 165.00 $ (980.00)
7'-8'hl,f.g. $ 250.00 $ 24.000.00
7'-8'ht..f.g. . 250.00 $ 1,500.00
Additional Total: $ 1,998.00
per contract $ 172.00 $
per contract $ 172.00 $
4! gal. $ 250.00 $
45 gal. $ 250.00 $
Additional Total: .
per contract $ 172,00 $
per contract $ 172.00 $
45 gal. $ 250.00 $
45 gat. $ 250.00 $
AdåItIORaI Total: $
Plant changH and/or additions to d....:
QTY. Plal\t Type LOCdon
-7casSiâ RfIi.I
7 Fwáait palms R/W
-60 Coontle
60 AgapanthUS
10 BoUQatnvillea
30 Agapanthus
Median
Median
Median
Median
(8,384.00)
(516.00)
9,250.00
750.00
3,120.00
(2,752.00)
(688.00)
4,000.00
1.000.00
1,&60.00
Ifze Unit Cost Total
per çOntraCt . 112.00 . $ (1.2D4.oo)
pet contract. S 211.00 $ 1.519.00
Additional Total: $ S1S~OO
per contract $ 10,80 $
1 gal. $ 3.80 III
Additional Total: .
per contract $ 10.85 $
1 gel. $ 3.80 $
Additional Tatal: .
(848.00)
228.00
(410.00)
108.50
114.00
222.10
Additional TotaJ: $ 31,002.13
Agenda Item No. 1688
April 26.2005
Page 9 of 10
CHANGE ORDER NO. 5
TO: Hannula Landscapina. Inc.
28131 Quails Neat Lane
BonitaSprinas. Florida 34135
DATE: March 4. 2005
PROJECT NAME: Livinaston Road 'Radio Road - Pine Ridge Road)
PROJECT NO.: 600714 (PO #: 45(0032671)
EXHIBIT E
CHANGE ORDER
CONTRACT NO. 04-3651
Under our AGREEMENT dated: June 8,2004.
You hereby are authorized and directed to make the following change(s) in accordance with
terms and conditions of the Agreement: Addina pavers and fill dirt in medians deletina some
plant materials and addina other plant materials and addina RB 1400 Series bubblerslToro
500) for shrubs onlv. Installlaroer Dlant materials and delete smaller material in order to keep
the level oUandscapino consistent on Livinaston Road
FOR THE (Additive) (Deductive) Sum of: One Hundred forty-eioht thousand four hundred
seventy dollars and thirty-three cen1s. ($148.470.33)
Original Agreement Amount $ 989.892.04
Sum of Previous Changes $55.689.47
This Change Order (Add) (Deduct) $148.470.33
Present Agreement Amount $1.194.051.84
The time for completion shall be (increased/decreased) by 29 calendar days due to this Change Order.
Accordingly, the Contract Time is now two hundntd thirteen Ln!J calendar days. The substantial completion date is
AD"I 20. 2005 and the final completion date is Mav 31.2005. Your acceptance of this Change Order shall constitute a
modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our
Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the
Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the
change set forth herein, including claims for impact and delay costs.
Accepted: ADril12. 2005
CONTRACTOR: Hannula Landscaping, Inc.
28131 Quails Nest Lane
Bonita Springs, Florida 34135
BQ:~.~~
DESIGN PROFESSIONAL McGee & Assoc.
By:
Diane Flagg, A TM Director
By:
Michael McGee, President
By:
Noman Feder, Administrator
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Agenda Item No. 1689
April 26. 2005
Page 1 of 16
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners (1) approve a Resolution
authorizing the Chairman of the Board of County Commissioners to execute a Local
Agency Program Agreement with the State Department of Transportation in which Collier
County would be reimbursed up to $586,500 of the total estimated cost of $702,000 for the
design and installation and construction engineering inspection of two prefabricated
bicycle and pedestrian Bridges; (2) authorize the advance of the $586,500 plus the
additional non-refundable project cost of $115,500 from the Gas Tax Fund; and (3)
approve future fiscal year annual costs of bridge maintenance and all necessary budget
amendments,
OBJECTIVE: To obtain approval from the Board of County Commissioners for a Resolution
approving a FDOT Local Agency Program (LAP) Agreement in the amount of $586,500, for the
design, purchase and installation of two (2) prefabricated bicycle and pedestrian bridges on
Vanderbilt Drive, and to approve annual maintenance costs.
CONSIDERATIONS: The Florida State Department of Transportation (FDOT) is willing to
enter into a Local Agency Program Agreement with Collier County, wherein FDOT will
reimburse Collier County up to the sum of $586,500 for the design, purchase and installation of
two (2) prefabricated bicycle and pedestrian bridges along the west side of the second and third
bridges south of the Wiggins Pass Road on Vanderbilt Drive. Collier County's contribution
towards this project would be $115,500 for design and construction engineering inspectors to
complete the project.
FISCAL IMP ACT: The total project cost for the two pedestrian bridges is estimated at
$702,000.00; $586,500 will come from FDOT and the County's contribution of $115,000 for
Design and Construction to be funded by Transportation Gas Tax, and an estimated $1,000 in
annual maintenance to come from the MSTD General Fund (I 12) Landscape Projects, under
project 60033.
GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners (1) approve a Resolution
approving, and authorizing the Chainnan of the Board of County Commissioners to execute, the
attached Local Agency Program Agreement with the Florida State Department of Transportation,
in which Collier County would be reimbursed up to $586,500 of the total estimated cost of
$586,500 for the design and installation of two (2) prefabricated Bicycle and Pedestrian Bridges
on Vanderbilt Drive; (2) authorize the advance of $586,500 plus the additional non-refundable
project cost of $ 115,500 from the Gas Tax Fund 313 Reserves; and (3) approve future fiscal year
annual costs of the bridges maintenance and all necessary budget amendments.
Prepared by: Mindy Collier, Project Manager
Attachments: (1) LAP Agreement 415590-1; (2) Resolution
Item Number
Item Summary
Meetíng Date
Aqenda Item NG. 1 GBJ
. Aprìi 26, 2005
P¡:¡gG 2 of ~6
COLLIER COUNTY
BOARD OF COUNTY CDMMISSIONERS
1G8Z'
Recommendatlor tr,ai the 80srd oí County Commissioners {1,\ apD'ove a Resa!ut:or
au:l~onzing the Chairman ot the ßaard of County Commissioners 10 execute ä Local
"gene)" Program Agreemellt Wi!!l the State Department of Tr.ansportatiDn 1[1 whlc~ Collier
County WQult! be reimbursed up ìO $58.,500 cf ttle !otal estimat!}!j cost of $702000 for th€
design anc ¡nstal;a~¡on and consTruction engineering In;;pection of two prefabric;¡tea blcyc.le
and pecü'JsI(¡an 8rkige5 011 Vaf1dernill Drive, í2) aut~cr:ze the adv"f1ce Qfth~ $686500 pius
tilE' adcHiçnal rlDn-IPfundable ~Vç¡Ject (:os! Çr $,1 G,~)\lO frorn the Gas Tax Fund. and (31
anpl·ÐV\~ fulur·e fiscal year annual costs of bndgf-, l'I'1,Hllenance .and all n;:;cessa('y budgd
am¡;>ncimen1s
4'26,'7J]6 S DúOQ þ,~~
PI'cpan>d By
4"4[2005 ~:~£:1i} AM
r"¡mciv C.OH:¡:f
'r~!I);¡nnn,;tHH¡ ~~~:r~'¡CL$
Da\~
P,:¡lh ";;1 ',' PrOlect iii.ln,l!)e'
r._ Ijer,w'.t~'(' 1 mn5pl>r a1tDt' .rI"jolj(~\
[).:¡t\'
Appl'o..C'd n~
~;ej
Coun1vAtI"nH'ì
Gowny ÄtHHIH'\
Coon;\; AHorrH~~c Offi!"!'
J':4/1[)05 ~'47 M.~
D~lt!~
Appro\-'f'd lly
Norm E. Fi:'I.kr, AIC~~
Tr;ans.PQrtinl} Scrvl ~e,.
rl.lr¡spurt.:rtl()1 üiv¡-¡;w/1 A¡ !1Iìnis;tmf()1
Tr,mttpürtatiOfJ Ser'J¡c('s Admin.
4i'~!2005 :U 5 PM
Date
Approved By
Diane 8. Flagg
T nln~;p()t1iQI1 S!~n'iç ~~;
Director of Aiternali\w 1"r;m.sPQrtðtH)'~
M:od~.s A TM Diredor-
Altern"tl\i(~ lm!l!>p )rt, 1IDn M()d ~!;
41"131200512:45 PM
Date
Approved By
Mindy CoUier
Tr¡¡m¡rmr¡-"tion SNvke';.
Pathway Project Manager
Alt(mHlti'lf' T'rôlli1f,rDr ¡¡tion MO¡ EH'
4.114f:!00!5 lL21 AM
Dolte
Approved By
Sh¡¡ron NewrnõJr'I
Tr:.om!ôpottÎon St'tvir.es
Accountin~! 5UPI!t'Jisol
TranGportation Administratio!,
4!14i2005 9:00 AM
I)O\(e
Approved By
Pat t.r>hnhard
TranSpoftällon Services
E 'U!(;uÜve S(,~cn.>t;uy
Transponatiol1 Ser-.¡jçes Ar:tmin
4/141200510:53 AM
Date
Approved By
OMB Coonfin11tM
County M;¡o¡lger's Office
Adtnío¡:S.trarive Á$S'!'\&l1t
Ottic€' of Mano¡¡gemenf &. 8utlget
41'141200511:24 AM
O;¡~e
Approved By
Susan (J¡;hN
CO(lllly t'>~,I!I¡~9Hr'!; Ofti~:e
S~ni{)r M"nó1qem(~!Jtll?luò9"'t Ana/yr.!
01111:1' 01 M;¡¡N;¡¡genH!nt & Budí/(!i
4iHi!;lOOS 10:05 AM
DatH
Approved B)'
Mit:hael Smykaw<;.ki
COl1nty Manaqer's OflH::e
Mana~¡em!ò'l\t & BU\.hJet DtH'ÇtOI
(J(ft¡;(! of M.<HU'i1etnr>nI & Bao\'}d
4,11712005 H,;;()2 AM
l)':lh>
Approved By
J¡mH~:s. V. MUdd
B(),Hcl of Con.tty
COrHtniss.ìot1er';,
c,:>I.mty Mar¡;¡Çff'r
County M<JIwqm's OHH:~¡
4i18120ü5 4:17 PM
,._....."----~,
Agenda Item No. 1689
April 26. 2005
Page 3 of 16
State of Florida Department of Transportation
LOCAL AGENCY PROGRAM AGREEMENT
525-0'0-40
PROJ MGT, RESEARCH & DEV OFC
OGC - '1/03
Page1of'2
FPN N0415590-1 Fund: MG FLAIR Approp:
Federal No: 7151001 U Org. Code: 55014010106 FLAIR Obj.:
FPN No. Fund: FLAIR Approp:
Federal No: Org. Code: FLAIR Obj.:
County No. 03 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 aayof ,
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION. an aqency of the State of Florida.
hereinafter called the Department, and Collier County; Finance Department: 2671 Airport Road. Naples, Florida 34112
hereinafter called the Agency.
W J T N E SSE T H:
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 Section 334.044, 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 in
Pedestrian Bridaes and as further described in Exhibit "A" attached hereto and by this reference made a part
hereof, hereinafter called 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.
1.01 Modifications and Additions: Exhibit(s)
A, B
are attached hereto and by this reference made a part hereof.
2.00 Accomplishment of the Project:
2.01 General Requirements: The Agency 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
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 work being pursued is complete, accurate, and consistent
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 12/29/2006 .
If the Agency does not complete the project within this time period, this Agreement will expire on the last day of scheduled
completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in
writing by the Department prior to the expiration of the Agreement. Expiration of this Agreement will be considered
termination of the project. The cost of any work performed after the expiration date of the Agreement will not be
reimbursed by the Department.
2.03 Pursuant to Federal, State, and Local Law: In the event that any ejection, 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 necessary with respect to any such matters so requisite.
2.04 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.
Agenda Item No. 16B9
April 26, 2005
Paqe 4i~1fflo
PROJ MGT, RESEARCH & DEV OFC
OGC - , 1/03
Page 2 of 12
~.05 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 and the Federal
Highway Administration may require.
3.00 Project Cost:
3.01 Total Cost: The estimated total cost of the project is $ 586,500.00 . This amount is based upon
the schedule of funding in Exhibit "8" attached hereto and by this reference made a part hereof. The Agency agrees to
bear all expenses in excess of the total cost of the project and any deficits involved. The schedule of funding may be
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 tne project cas, to th",
extent provided in Exhibit "B". 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 date
of this Agreement. It is understood that Department participation in eligible project costs is subject to:
a) L~gislative approval of the Department's appropriation request in the work program year that the project is
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 Agreement;
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 contingent
upon an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years,
......(, tnds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See
(hibit 8 for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement
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 more
than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
"The department, during any fiscal year, shalf 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, verbaf 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 and which have a term for a period of more
than 1 year."
3.06 Notice to Proceed: No cost may be incurred under this contract until the Agency has received a Notice to Proceed
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 procedures
prescribed by the Division Administrator of the Federal Highway Administration (FHWA). Federal funds shall not be paid
on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part
thereof involving such cost. (23 CFR 1.9 (a)). If FHWA or the Department determines that any amount claimed is not
eJigible, federal participation may be approved in the amount determined to be adequately supported, the Department
shall notify the Agency in writing citing the reasons why items and amounts are not eligible for Federal participation.
Where correctable non-compliance with provisions of law or FHWA requirements exists, federal funds may be withheld
until compliance is obtained. VVhere non-compliance is not correctable, FHWA or the Department may deny participation
- 1arcel or project costs in part or in total.
'."'.'U.__'_,__
'--'---...~.""~.,.
Agenda Item No. 1689
Ami! 26.2005
Page Yé:7\!1tp~
PROJ MGT, RESEARCH & DEV OFC
OGC -, 1'03
Page 3 of 12
For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment,
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 of
funding, shall be prepared by the Agency and approved by the Department The Agency shall maintain said schedule of
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 forwarded
to the Department's Comptroller and to the Department's Federal-Aid Program Office. No increase or decrease shall be
effective unless i: comolies with fund participation reouirem"nts esta~¡¡shed in t:.xhibit "B" of this Agreement and is
approved by tne 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 this
Agreement and for five(5) years after final payment is made. Copies of these documents and records shall be furnished
to the Department upon request Records of costs incurred includes the Agency's general accounting records and the
project records, together with supporting documents and records, of the Agency and all subcontractors performing work
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(5) year period, the records
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 project.
Costs in excess of the latest approved schedule of funding or attributable to actions which have not received the required
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 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.
5.04 Audit Reports: Recipients of Federal and State funds are to have audits done annually using the following criteria:
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. 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.
In the event that a recipient expends $300,000 or more in federal awards in its fiscal year, the recipient must have a single
or program specific audit conducted in accordance with the United States Office of Management and Budget (OMB)
Circular A-133.
If a recipient expends less than $300,000 in federal awards during its fiscal year, an audit conducted in accordance with
the OMS Circular A-133 is not reqùired. If a recipient expends less than $300,000 in federal awards during its fiscal year
and elects to have an audit conducted in accordance with OMS Circular A-133, the cost of the audit must be paid from
non-federal funds.
Reporting Packages and management letters generated from audits conducted in accordance with OMS Circular
A-133 shall be submitted to the awarding FOOT office, by the recipient, within 30 days of receiving it. The aforementioned
items are to be received by the appropriate FOOT office no later than 9 months after the end of the recipient's fiscal year.
Agenda Item No. 1689
April 26.5~O
PROJ MGT, R~.ifa.gtVl~C
OGC -11103
Page 4 of 12
. he recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year
audit findings, including corrective action and current status of the audit finding is required. Current year audit findings
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 the
dispute is resolved. Access to project records and audit work papers shall be given to the FDOT, the Comptroller, and
the Office of the Auditor General.
The recipient shall submit reauired audit documentation as follows:
A Reporting Package and Data Collection Form for each audit conducted in accordance with OMS Circular A-133 shall
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 work, workmanship, materials,
payrolls, records and to audit the books, records and accounts pertaining to the financing and development of the project.
e Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub-
vùntractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the
provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement.
(Section 287.058(1 )(c), Florida Statutes)
5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right of
way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance
activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30.
The report must be prepared using the format prescribed in 49 CFR 24, Appendix B and be submitted to the Department
no later than October 15 each year.
6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation tor services or expenses
incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. (Section 287.058(1)(a), Florida
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 agreement, in accordance with Section 112.061 Florida Statutes and
Chapter 3-TraveJ 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 performed
pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under
any 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. Offsetting any amount pursuant to this section shall not be considered a breach
of contract bV the Department. .
.._---~_._---_._-
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".~.,,--,._,-,-
Agenda Item No. 1689
April 26. 2005
Paae '?t1r~o
PROJ MGT, RESEAAcH & DEV OFC
OGC - 11103
Page 5 of 12
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 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 if:
7.01 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 furnished therewith or pursuant
hereto;
7.02 Litigation: There is then pending litigation wit~ respect to the performanc8 by the Agency of any of its duties or
obligations which may jeopardize or adverseiy affec~ the project, this Agreem'2nt 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
without having been advised by the Department that same are approved;
7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein in 12.06; or
7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the
Aqreement.
7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the
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 incurred
by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration
of the Agreement, costs which are not provided for in the latest approved schedule of funding for the project, and costs
attributable to goods or services received under a contract or other arrangements which have not been approved in writing
by the Department.
7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within one hundred twenty
(120) days after the completion of the project. Invoices submitted after the one hundred twenty (120) day time period may
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 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 this Agreement in whole or in part at any time the interest of the
Department requires such termination.
If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option
of (a) immediately terminating this Agreement or (b) suspending this Agreement and notifying the Agency of the deficiency
with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at
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 Agency,
the Department shall notify the Agency of such termination, with instructions as to the effective date of termination or
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 work satisfactorily
performed. 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 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: (a) 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; (b) furnish a statement of the project activities and contracts, and other undertakings the
cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity
with the latest schedule, plan, and costs approved by the Department or upon the basis of terms and conditions
Agenda Item No. 1689
April 26,5lf& 1540
PROJ MGT, R~tg>ffl'II ~c
OGe -11103
Pago 6 of 12
- imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable
¡me. 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.
9.00 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 consultant
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 Department.
The Department specifically reserves unto itself the right to review the qualificatIons of any consultant or contracto: and to
approve or disapprove the employment of the same.
9.02 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 Section
287.055, Florida Statutes, Consultants Competitive Negotiation Act At th'e discretion of the Department, the Agency will
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 (DBE) Policy and Obligation:
10.01 DBE Policy: It is the policy of the Department that disadvantaged business enterprises, as defined in 49 CF R.
Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part
with Department funds under this Agreement. The DBE requirements of applicable federal and state regulations apply to
this Aareement
10.02 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as
-I':)fined in applicable federal and state regulations, have the opportunity to participate in the performance of contracts and
,s Agreement. In this regard, alf recipients and contractors shall take all necessary and reasonable steps in accordance
with applicable federal and state regulations, to ensure that the Disadvantaged Business Enterprises have the opportunity
to compete for and perform contracts. The Agency shall not discriminate on the basis of race, color, national origin or sex
in the award and performance of Department assisted contracts.
10.03 Disadvantaged Business Enterprise (DSE) Obligations: If Federal Transit Administration or FHWA Funding is a
part of this project, the Agency must comply with applicable federal and state regulations.
11.00 Certification Regarding Debarment, 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 necessarify result in denial of participation in
this covered transaction. The Agency shall submit an explanation of why it cannot provide the certification set out
below. The certification or explanation will be considered in connection with the Department's determination whether to
enter into this transaction. However, faifure of the Agency to furnish a certification or an explanation shall disqualify the
Agency from participation in this transaction.
The certification in this clause is a material representation of fact upon which reliance was placed when the Department
determined to enter into this transaction. If it is later determined that the Agency knowingly rendered an erroneous
certification, in addition to other remedies available, the Department may terminate this transaction for cause of default.
The Agency shall provide immediate written notice to the Department if any time the Agency leams that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered
"debarred," "suspended," ineligible~" "lower tier covered transaction," "participant," "person," primary covered transaction,"
"principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549. Contact the Department for assistance in obtaining a
copy of those regulations.
"",,,,,,~_",.~,,,..,..,,_,,,,..,,,~,___..,.,, '''''''''''''''m__
~..-
Agenda Item No, 1689
April 26, 2005
P a q e ~2érf'1ttID
PROJ MGT, RESEARCH & DEV OFC
OGC .11103
Pago 7 of 12
The Agency further agrees by executing this Agreement that it shall not knowingly enter into any contracts with a person
who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction,
unless authorized by the Department.
The Agency further agrees by submitting this Agreement that it will include the clause titled ·Certification 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 debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is
erroneous The Agency may de::ide ths method and frequency by whl:::h it determines the eligibility of its sub-contractors,
Tns Agency may, Dut is not required to, cheCf; tne nonprociJrement portion of the "Lists of Parties Excluded r=rom redera'
Procurement or Nonprocurement Programs' (Non procurement List) which is compiled by the General Servi:::es
Administration.
Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render
in good faith the certification required by this clause. The knowledge and information of the Agency is not required to
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 suspended,
debarred, ineligible, or voluntarily excluded from participation in this transaction, in àddition to other remedies available,
the Department may terminate this agreement for cause or default.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion:
The Agency certifies, by execution of this Agreement, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency.
Where the 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 shall not
discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin,
disability or marital status. 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, religion, color, gender, national origin,
disability or marital status, 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 in all
contracts 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, 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.
12.02 Title VI - Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the
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 Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by
the ADA, the regulations of the federal government issued thereunder, and assurance by the Agency pursuant thereto.
Agenda Item No. 1689
April 26, 2005
Paae 1 ëfffl1'fð'
PROJ MGT. RESEARCH & DEV OFC
OGC -11103
Page B of 12
.2.04 Public Entity Crime: A person or affiliate who has been placed on the convícted vendor list following a convictjon
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 perform 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 Section 287.017, Florida Statutes for CATEGORY TWO for a period of 36
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 placed on
the Discriminatory Vendor List, maintained by the Florida Department of Management Services, may not submit a bid on a
contract to provide g0002 or services to a public entit:l!; may not submit a bid on a contract with a public entity tor 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 perform work as a contractor, supplier, subcontractor, or consultant under a contract with any
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 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 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 involuntarily
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 this
subsection, provided. that any such present member, officer or employee shall not participate in any action by the Agency
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 planned to
be included in any project, and shall require its contractors to insert in each of it's subcontracts, the following provision:
"No member, officer or employee of the Agency or of the locality during his tenure, or for two years thereafter,
shall have any interest, direct or indirect, in this contract or the proceeds thereof."
, he provisions of this subsection shall not be applicable to any agreement between the Agency and its fis'cal
depositories, or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency.
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 the
Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable
permits.
13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any
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 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.
13.04 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 conform
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 financing
hereunder.
..- -- ._~.__._~-_.-
. , ._--~_._--
Agenda Item No. 16B9
April 26.s~o
PROJ MGT. ~gœcH"iI. œVkífc
OGC - 11/03
. .. Page90f12
13.06 State 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.
13.07 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify, defend, save, and hold
harmless the Department and all 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 officers, agents or employees during the
performance of the Agreement except that neither the Agency, its officers, agents or its employees will be liable under this
paragraph for any claim. loss. damage, cost, charge or expense arising out of any act, error. omissi or or negljgen~. act t:
the Department O' any of its office,s, agents 0:- 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 forvvard the claim to the Agency.
The Agency and the Department will evaluate the claim and report their findings to each other within 14 working days and
will 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 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 the 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.
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.
13.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the
State Highway System, 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 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 written
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 completed
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 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.
13.12 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.
13.13 Restrictions on Lobbying:
Federal: The Agency agrees that no federally appropriated funds have been paid, orwill be paid by or on behalf of the
Agency, to any person for influencing or attempting to influence any 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 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,
qrant. loan, or cooperative aqreement.
Agenda Item No. 16B9
April 26,5~0
PROJ MGT. ~§'œcJ.G. afv1:íìe
OGe -'1103
Page 100f 12
,- rf any funds other than federally appropriated funds have been paid by the Agency to any person for influencing or
Jttempting 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 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.
State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency.
13.14 Maintenance: The Agency agrees to maintain any project not on the State Highway System, constructed under
this Agreemen:. If the Agency constructs any improvement on Departmen, right-of-way, the Agency ŒJ will 0 will not
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 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 twenty (20) days to deliver a request for payment (voucher) to the Florida Department of Financial
Services. The twenty (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 forty (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(3)(b), Florida Statutes, will be due
and payable, in addition to the invoice amount to the Agency. Interest penalties of Jess than one dollar ($1) will not be
enforced unless the Agency requests payment. Invoices which have to be retumed to an Agency because of Agency
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 Department.
. \ Vendor Ombudsman has been established within the Florida 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 State Comptroller's
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 TRANSPORTATION
By:
Title: SoCC Chairman or Designee
By:
Title: Director of Transportation Development
Attest:
Title: Clerk
Attest: :
Title: Executive Secretary
As to form:
As to form:
Attorney
District Attorney
3 attached Encumbrance Form for date of funding approval by Comptroller.
-~--~_."._,
Agenda Item No. 1689
April 26. 2005
Paqe d2ðfJ~o
PROJ MGT, RESË1\RCH & DEV OFC
OGC -11/03
Pago11 of 12
FPN NO.415590-1
EXHIBIT A
Project Description and Responsibilities
This exhibit forms an integral part of that certain Reimbursement Agreement between the State of Florida, Department 07
Trar:sDortation and
Collier County
Dated
PROJECT LOCATION:
The northern bridge will cross Little Horse Pass approx. 1600' south of Wiggins Pass Rd. and Vanderbilt Dr. intersection. The
southern bridge will cross the Cocohatchee River approx. 4000' south of the same intersection.
The project 0 is @ is not on the National Highway System.
The project 0 is @ is not on the State Highway System.
PROJECT DESCRIPTION:
Construction of two pre-fabricated bicycle/pedestrian bridges. Both the northern bridge and the southern bridge will run along
the west side of Vanderbilt Drive. All bridge segements will be within County road Right-of-Way.
SPECIAL CONSIDERATION BY AGENCY:
See Attachment Page 1.
SPECIAL CONSIDERATION BY DEPARTMENT:
The Department shall reimburse the Agency, subject to funds availability, in the year programmed (currently FY 04/05).
Agenda Item No. 1689
April 26, 2005
Page 14:IMIWO
ATTACHMENT PAGE 1
)ecial Consideration by Agency:
,II work to be conducted outside of the Department Right-ot-Way shall adhere to the 2002 Florida Greenbook standards, as
amended.
All work to be conducted within Department Right-ot-Way shall adhere to the following:
(1) The FOOT standard specification tor road and bridge construction, 2004 edition as amended, and
(2) The FOOT roadway and traffic design standard, 2004 edition as amended and design criteria from the PPM, 20D3 edition
as amended.
For al/ projects the following will apply:
a) Section 287.055, F.S. "Consultants Competitive Negotiation Act"
b) FOOT "Project Development and Environmental Manual," where applicable
c) The ~o::;a¡ Agency Program Manua'
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 receipt of the Agency's Invoice to review, inspect and approve
the project for payment.
The Department shall reimburse the Agency, subject to funds availability, in the year programmed (currently FY 04/05).
AGENCY NAME & BilLING ADDRESS FPN NO.
Collier County STATE OF FlOItlQ \ OEPAATMI!JrfT OF TMJfSPOA.TAT1QH 415590-1
LOCAL AGENCY PROGRAM
Finance Department AGREEMENT
2671 Airport Road EXHIBIT "Bn
Naples, Florida 34112 SCHEDULE OF FUNDING
Agenda Item No. 1689
April 2Ek~~~
PROJ MGT, R~~H1t')DWdÆ
OGG· 11m3
Page 12 of 12
PROJECT DESCRIPTION
Name Pedestrian Bridges
Length N/A
isrm;n:
Alana the west sia,:, of Vender"i!' DrivE
,
FUNDING
(1) (2) (3)
TOT At AGENCY STATE &
TYPE OF WORK bv Fiscal Year PROJECT FUNDS FUNDS FEDERAL FUNDS
P.E. 2003·2004 $0.00 $0.00
2004-2005 $76,500.00 $76,500.00
2005-2006
Total PE $76,500.00 $0.00 $76,500.00
Right-of-Way 2003-2004
2004-2005
2005-2006
Total Rioht-of-Wav Cost $0.00 $0.00 $0.00
Construction 2003-2004 $0.00 $0.00
2004-2005 $510,000.00 $510,000.00
2005-2006
2006-2007
Total Contract Costs $510,000.00 $0.00 $510,000.00
Construction Engineering and Inspection
2003-2004 $000 SO.OO
2004-2005
2005-2006
$0.00 $0.00 $0.00
Total Cons1ruction Engineering
Total Construction Cost $510,000.00 $0.00 $510,000.00
ESTIMATED TOTAL COST OF THE $586,500.00 $0.00 $586,500.00
PROJECT
The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after
The Department will notify the Agency, in writing, when funds are available.
July
1st each fiscal year.
"No work shall begin until the Department has issued a written Notice to Proceed for each phase. Funds are contingent upon *
legislative approval.
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIOI)ffi~ It N 1689
COLLIER COUNTY, FLORIDA, APPROVING AND AUTHORIZING' 'THE :p~¡¡ 2~·. 2005
CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO Page 16 of 16
EXECUTE, A LOCAL AGENCY PROGRAM AGREEMENT WITH THE
STATE OF FLORIDA DEPARTIvŒNT OF TRANSPORTATION FOR THE
DESIGN AND CONSTRUCTION OF TWO BICYCLE AND PEDESTRIAN
BRIDGES ALONG VANDERBILT DRIVE.
WHEREAS, the State of Florida Department of Transportation (FOOT) is willing to enter into a
Local Agency Program Agreement ("Agreement") with Collier County, wherein FDOT will reimburse
Collier County up to the sum of $586,500 for the design and construction of two (2) Bicycle and
Pedestrian Bridges along the west side of Vanderbilt Drive within Collier County, with one bridge
crossing Little Horse Pass approximately 1,600 feet south of Wiggins Pass Road and the other bridge
crossing the Cocohatchee River approximately 4,000 feel south of Wiggins Pass Road: and
WHEREAS, the CoJIier County Board of County Commissioners finds that it is in the public
interest to insta11 both of these Bicycle and Pedestrian Bridges. and that this Agreement is in the best
interests of the citizens of Collier County.
NOW, THEREFORE, BE IT RESOL VED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that;
, Deputy Clerk
By:
FRED W. COYLE, Chainnan
1. The Board of County Commissioners approves, and authorizes its Chairman to sign, the
attached Agreement.
2. A certified copy of this Resolution will be forwarded by the Collier County Clerk to FDOT
along with the Agreement for execution by FOOT.
3. This Resolution shall take effect immediately upon adoption.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this
day of . 2005.
A TrEST:
DWIGHT E. BROCK. Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
t form and legal sufficiency:
Jeffre A. . \ atzkow
Assist nt 9ol.mty Attorney
\
^'''.--",~~_..
Agenda Item No. 16C1
April 26, 2005
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a
Solid Waste residentiaf account wherein the County has received payment and
said Lien is satisfied in full for the 1992 Solid Waste Collection and Disposal
Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction
of Lien.
OBJECTIVE: Adopt a Resolution approving the Satisfaction of Lien for a residential
account where the County has received payment in full for the 1992 Solid Waste
Collection Services Special Assessment.
CONSIDERATIONS: Resolution No. 94-668 adopted by the Board on September 13,
1994 provided for the recording of the list of 1992 delinquent solid waste collection and
disposal services special assessment and a mailing of a written notice of the imposition
of each residential unit lien. Resolution No. 94-668 was recorded on September 19,
1994 in Official Record Book 1986, Pages 766 through 942 of the Official Records of
Collier County, Florida, which placed a lien on certain residential properties for the 1992
Solid Waste Collection Services Special Assessment.
Collier County Ordinance No. 90-30, as amended, provides that a Satisfaction of Lien
shall be approved by Resolution.
The attached Resolution lists the one account that has been paid in full for the 1992
Solid Waste Collection Services Special Assessment Lien.
FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Lien and the
Resolution is approximately $20.00, which is to be charged to County Water/Sewer
Operating Fund (408).
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact
associated with this item.
RECOMMENDA TlON: That the Board of County Commissioners adopt the attached
Resolution approving the one Satisfaction of Lien on the account listed in the Resolution
and authorizing the Chairman to sign this one Satisfaction of Lien for the 1992 Solid
Waste Collection Services Special Assessment Lien.
PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service
Agf';HJ3 Hem No 1f¡C 1
April 2(1, ~'OÜ5
Page:: cr ,,',
COLLIER COtJ"ITY
BGARD or COUNTY COMMi~":SfnNERS
Item Number
Item Summary
1'3(.,1
r-<e'::jrmll(,,.,;a~¡'~¡¡ ;(.' ¡;<1"pt" 1-(1%(;,(11'0" tD ai: 1,,,vf ~'~e S:ò. :$!,d::110r of t'11r! 1')1 iI Snll{
~",'J'St~ "~51JEon¡i6¡ .iit::cuUn! whe;ëi'~ t,.,e C0L1;'!)' h.:l!; reCél;,.ed paym;:w a~,d ;¡Ôlld Lien is.
sa':¡;leu In fui L:·t~,,,, 1~,":;:: ~:",¡,~ l¡\ias1e'':'',;;IIÒ'Cliü'1 ;md ['ib{)O~2¡ :;',eIV"C,,:,s S...e'-:a:
Ao-3~"511'€,-1 :,sca' i''lµaCt IS $2C ,'010 r('c::r.:.! thp, f~atlsíaGl:un'J; ,-A~n
Meeting Date
'.!/fi!~~GI:!i R co CO A.\1
AplJrO'cd B~
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l'-tevto'llue SUpe-h');¡or
DJlc
Public \Jlj1HÍi:~
UßC:,
·1'OI:llW(,iLHAM
ApprO\'ed By
nH)111iJ~ VV¡; I'~
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Date
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Appro\-'cd ß~
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4!1312ÐQ,O:; 4~n,¡ P-M
A Jproved ß)'
MidJ3C! 5/'r'ykowski
r'¡¡i.Jth~ç¡¡;:mcl)1 8. &ud¡:;et OUTdor
Da!ê
Counfy ri!<1Bi;t}!!'"1. Offk~~
()fiit;t¡' <>f M<1I\<HiJeillrmt H. GUdgc!
4!14:;!r,J( fi 11:48 AM
Appnn'l'd B~
James. V /v1\Jdlj
COl!!!!)' M<ln¡ì~~t
Daft'
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çOl1'lrftl~~t()I)!.'rJ->
Coun\ý M;)n-ilg ~r'5. Ortk:e
4f14!20Q!; 7:;11 ~M
Agenda Item Ne. 16C,
April 26. 2005
Page 3 of ,1
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774- 8400
Property Folio No. 36912280005
SATISFACTION OF LIEN
KNOW ALL ME"- BY THESE PRESENT That tne BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of
a certain Lien against:
Terry R & Rebecca L Travis
141 21st S1. NW
Naples. FL 33964
The Lien was recorded on the 1910 day of September 1994, in Official Record
Book 1986, Pages 766 through 942, 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 Dollars and Seventy Four Cents ($100,74) plus accrued interest
and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, described as follows:
GOLDEN GATE EST UNIT 7 N1/2 OF TR 35 OR 1180 PG
1672
Folio No,
PROJECT NO,
Account No.
36912280005
61000
59051
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 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
2005,
ATIEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W COYLE, CHAIRMAN
Approved as to form
and legal sufficiency
David C, Weigel
County Attorney
RESOLUTION NO. 2005 -
Agenda Item No. 16C1
April 26. 2005
Page 4 of 4
A RESOLUTION APPROVING SATISFACTION OF LIENS
FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE
1992 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 September 19, 1994 adopted Resolution No. 94-668
authorizing the recording of notices of liens for the delinquent solid waste collection and
disposal services special assessments for 1992; and
WHEREAS, Collieí County Ordinance No 90-30, as amendec, requires the Board to
approve by Resolution and record in the Official Records a Satisfaction of Lien on all
accounts that have been paid in full.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County
Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the
1992 Service Year Solid Waste Collection and Disposal Special Assessment for the
following accounts numbered below, subsequent to the adoption of Resolution No. 94-668,
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.
59051
This Resolution adopted this _ day of
second and majority vote.
, 2005, after motion,
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, CHAIRMAN
Approved as to form and
legal sufficiency:
David C. Weigel
County Attorney
Agenda Item No. 16C2
April 26, 2005
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a
Solid Waste residential account wherein the County has received payment and said
Lien is satisfied in full for the 1995 Solid Waste Collection and Disposal Services
Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien..
OBJECTIVE: Adopt a Resolution approving the Satisfaction of Lien for a residential
account where the County has received payment in full for the 1995 Solid Waste
Collection Services Special Assessment.
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 assessment 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 Assessment.
Collier County Ordinance No. 90-30, as amended, provides the Satisfaction of Lien shall
be approved by Resolution.
The attached Resolution lists the one account that has paid in full for the 1995 Solid
Waste Collection Services Special Assessment Lien.
FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Lien and the
Resolution is approximately $20.00, which is to be charged to County Water/Sewer
Operating Fund (408).
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated
with this item.
RECOMMENDATION: That the Board of County Commissioners adopt the attached
Resolution approving the one Satisfaction of Lien for the account listed in the Resolution
and authorizing the Chairman to sign the one Satisfaction of Lien for the 1995 Solid Waste
Collection Services Special Assessment Lien.
PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service
.........~..
ArJfn¡jc~
COLLIER COUNTY
BOARD or COUNTY cor'¡!MJSS!O'~[:RS
Item Number EC¿
Item Su mmary
H.~·:()':'rl'f~n'~ati'.H1 ;¡o:!')pt i' 1.(1O¡;(,;lI't()' :,) ,~lJp'0"(, th!' ~;;"':~\¿¡r: on (II L'Hr: !01 J ,:ir:;li~
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A&3.t':'..sll'''' ",t ¡;::~¡;J; ,mp¿:ct If, ~;¿.J to r\,,::;Ij,J >8 .'jatls:<I;~':{>" of L;er
Meeting Date
4,':;-6ILO~;S
':! () /I. ~.I
Approved B~
f~¡jrn CJlljs
ReVtT!U£ Sup",r;dsol
Dðte
Pqþjic \HiHtie!>
Uf.1C:S
4lalll)Q5 ~ .40 AM
Ap JrtlH"d By
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OP<'f.otIIJO,," OHt'Çt01
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UFWS
4,:1lt<'lHJ~ ::,}:; Pt!
Appnncd ß~
j,lrl'le¡¡ v.¡. D1~:'ony
Public UW!tiI:~ Adn)Jn'~;t!ilt()¡
DJre
p(!p!ì~ U!ilih-:,s
P¡¡oli,.' U¡¡I¡(I",h A,im!rÜ5-1r¡ (i~m
1.I~.1!::r)tV; ~:!.;O J\¡\,1
AplJnJ\'cd H~
OMF1 Coordm;!lol
AI lr1lni.s;!r,.lilie Ä_'j.!ilst¡¡nt
Paw
Count}' ~11,¡UHI9e.j'1' Office
Orrin, vf MaIMgem~r!t ¡ HutJ(!el
Mì5!200:, 4:o~ PM
Appron'd B)'
Ri:lndV Gree:nw.aid
,,1':¡'HI(. t)mN1t!Budº~t Änaf'l!>t
üa¡£
County r,1i3n~Yi~r'.:; OffÜ:t
omÇ~ of Milll"Y'P'i'f1e-tIt A liUl.:!g",'
4/13/2fI05 .4:09 PM
Approved By
MI<.:11,3el SI,!}'k(lWSld
M¿J!I.:I;;¡~m"nt & Budgel D1I('clol
bale
Cm1nty MJ.n<i9~'·~ Officr.
(Jffi(:~ 01 M"nilgE'lnlmt Ii. f.ìUrJg('1
J.!!41:'L1r¡t. J1:5n AM
A ) )rond 8~'
,JiH)It.·~ V, Mudd
(:Oi.ll¡ty Manager
Datt!
Bo¡ud of County
CÙlr\t1'ì~'itcrlers
C<,unty M~If!<lger\. ONk:Ë
M14!20057-45P'M
Agenda Item No 1 ()C2
April 26, 2005
Pa g8 3 of 4
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Property Folio No, 62045160008
SATISFACTION OF LIEN
¡(NOW ALL MEN BY THESE PRESENT That the BOARD 0;:: COUIHY
COMMISSIONERS OF COLLIER COUNTY. FLORIDA was the owner and holder of
a certain Lien against
Mercado, Hilaria
5225 Johns St.
Naples, FL 341138734
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:
NAPLES MANOR UNIT 1 BlK 9 LOT 15 OR 306 PG 366
Folio No.
Project No.
Account No.
62045160008
65000
21681
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 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 , 2005.
ATTEST:
DWIGHT E, BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W COYLE, CHAIRMAN
Approved as to form
and legal sufficiency
David C. Weigel
County Attorney
RESOLUTION NO. 2005-
Agenda Item No H3C2
April 26. 2005
Page 4 of <1
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 of liens for the delinquent solid waste collection and
disposal services special assessments for 1995: and
WH:=R!::.Þ,S, Resoiution No. 2000-236, was recorded on August 8, 2000 In Officla:
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 Assessment for the following
account numbered below, subsequent to the adoption of Resolution No. 2000-236,
whereupon a lien had been recorded on real property pertaining to the account identified
herein. The Satisfaction of Lien attached hereto referencing the account identified herein is
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 this
Satisfaction of Lien in the official records of Collier County:
Account No.
21681
This Resolution adopted this _day of
second and majority vote.
, 2005, after motion,
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRED \IV. COYLE, CHAIRMAN
Approved as to form and
legal sufficiency:
David C. Weigel
County Attorney
- ~ ._'"~--,-,
Agenda Item No. 16C3
April 26, 2005
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution to approve the Satisfactions of Lien for
Solid Waste residential accounts wherein the County has received payment and
said Liens are satisfied in fuB for the 1996 Solid Waste Collection and Disposal
Services Special Assessments. Fis.cat impact IS $30.00 to record the Satfsfactíons
of Lien.
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 two 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 $30.00, 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 1996 Solid
Waste Collection Services Special Assessment Lien.
PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service
.A.r;ent::::
COLLIER COUNTY
EWARD OF COUNTY COMMJSSIÜr.,If:.RS
Item Number if;,:;:;
Item Summary
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Agenda Item No. 16C3
Apr': 26. 2005
Page 3 of 5
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Property Folio No. 26580480001
SATISFACTION OF LI::!\
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:
Brommeland, Deborah A
Kristian Brommeland
1055 Coconut Cir W
Naples, FL 341044415
The Lien was recorded on the 8TH day of August 2000, in Official Record Book
2708, Pages 0199 through 0309, 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 Thirteen Cents ($104.13) plus accrued interest and
penalties, if any, and imposes certain obligations against real property situated
in Collier County, Florida, described as follows:
COCONUT GROVE UNIT 1 BLK A LOT 12 OR 1944 PG 2192
Folio No.
Project No.
Account No.
26580480001
66000
5490
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 Cou rt is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County.
Florida, acting through its Chairman, directs execution and recording of this
Satisfaction of Lien, by action of the Board this _ day of , 2005.
ATTEST:
DWIGHT E BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W COYLE, CHAIRMAN
Approved as to form
and legal sufficiency
David C. Weigel
County Attorney
Agenda Item No 16C3
April 26, 2005
Page 4 Df 5
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Property Folio No, 62045160008
SÞTISFACTlON 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:
Mercado, Hilaria
5225 Johns St
Na~es,FL341138734
The Lien was recorded on the 8TH day of August 2000, in Official Record Book
2708, Pages 0199 through 0309, 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 Thirteen Cents ($104.13) plus accrued interest and
penalties, if any, and imposes certain obligations against real property situated
in Collier County. Florida, described as follows:
NAPLES MANOR UNIT 1 BLK 9 LOT 15 OR 306 PG 366
Folio No,
Project No,
Account No,
62045160008
66000
23812
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 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 , 2005.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W COYLE, CHAIRMAN
Approved as to form
and legal sufficiency
David C. Weigel
County Attorney
"....".----.
Aaenda Item No H3C3
, April 26, 2005
Page 5 of 5
RESOLUTION NO. 2005-
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 recoraed 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. 5490
23812
This Resolution adopted after this _day of
majority vote.
, 2005 after motion, second and
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, CHAIRMAN
Approved as to form and
legal sufficiency:
David C. Weigel
County Attorney
Agenda Item No. 1601
April 26, 2005
Page 1 of 7
EXECUTTVESUMMARY
Recommendation to approve a Lease Agreement with Vanderbilt Properties, Inc. for use of
vacant land to be used for temporary parking and a construction staging area without cost
to the County.
OBJECTIVE: To obtain approval by the Board of County Commissioners and execution of the
Lease Agreement (Lease) with Vanderbilt Pronerties, Inc. for va:::ant land to 1x used for
temporary parking and a staging area during construction of the County's parking deck at
Vanderbilt Beach.
CONSIDERATION: Vanderbilt Properties, Inc. has agreed to enter into a Lease Agreement
with Collier County for use of vacant land located at the corner of Vanderbilt Beach Road and
Gulfshore Court. The subject property win provide approximately 120 parking spaces for beach
attendees. A portion of the subject property will also be used as a staging area for construction
materials that will be used for the parking deck the County is proposing to construct at the
County-owned property at Vanderbi1t Beach.
In the spirit of community mindedness, Vanderbilt Properties, Inc. (Lessor) will not require the
County to pay rent for utilizing the property. Collier County looks at this offer as a favorable
gesture to the County and to the community. The lease term will be for one year, which shan
commence on the date in which the County is issued a building permit for the parking deck. The
Lease also includes one three-month extension to the term should the County require additional
use of the property.
Without any cost to CoIIier County, the Lessor wil1 improve the subject property with a solid
surface material suitable for vehicular parking for a minimum of 120 vehicles. The Lessor will
adhere to all Collier County codes, that may include, but not be limited to, stormwater,
landscaping and lighting requirements for the development of this site.
The attached Lease Agreement has been reviewed and approved by the Parks and Recreation
Department, Risk Management Department and the Office of the County Attorney.
FISCAL IMP ACT: There is no cost associated with this Lease.
GROWTH MANAGEMENT: There is no impact on the County's long-range planning effort.
RECOMMENDATION: That the Board of County Commissioners approve and authorize the
Chainnan to execute the attached Lease Agreement with Vanderbilt Properties, Inc. pending
final review by the Office of the County Attorney if non-policy revisions are required.
Prepared by: Michael H. Dowling, Senior Property Management Specialist
Agenda Item No. 1()D1
April 26, 2005
Page 2 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16D1
Meeting Date
Recommendation to approve a Lease Agreement with Vanderbilt Properties. Inc. for use of
vacant ¡and to be used for temporary parking and a construction s1aglng area without cost
to the County.
4126/200590000 AM
Prepared By
Date
Micl1ae-1 H. DowÍJng
Property Management Specialist
4113/20054:35:57 PM
AnmHlìstratìve Services
facilities Managemenr
Approved Bv
f'¡.iarii3 RaIH=·:<;'
F"ar¡.;:.:: i;o, F~f;creation D!re::rc
[jar,
Pu bi¡~; Service$.,
p.at f'i.~, .md Recreation
4'14/20059:23 At;:
Approved B)
OMS Coordinator
Admìnìstratìve AssìsLant
Date
County Manager's Office
Office at Management & Budget
4/14/200511 :21 AM
Approved By
Gary A. Vincent
Mî:H)iifJement 8. Budget Analyst
Date
County ¡..1anager's Office
Office of Management & Budget
4/141200511 :35 AM
Approved By
Michael Smykowski
Management & Budget Dìrector
Date
County Manager's OffÎ(;e
Office of Management & Budget
4114/200512:25 PM
Approved By
James V. Mudd
County Man3ger
Date
Soard of County
Commissioners
County Manager's Office
4114/20055:16 PM
Agenda Item No. 1601
Apni 26. 2005
Page :\ of 7
Lease #
LEASE AGREEMENT
THIS LEASE AGREEMENT entered into this _ day of , 2005,
between VANDERBILT PROPERTIES, L'\IC., a Florida Corporation, whose mailing address is
c/o Susan Hanson, 15 South 5th Street, Suite 900, Minneapolis. Minnesota 55402, hereinafter
referred to as "LESSOR," and COLLIER COUNTY, a political subdivision of the State of
Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter
referred as "LESSEE."
WIT;-';ESSETH
in corslG(:;ation o¡ the mulUC¡: covenants contame¿ nerem, and other valuable
consideration, the parties agree as follows:
ARTICLE 1.
Demised Premises
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the
property described in Exhibit "A" which is attached and made a part of this Lease, hereinafter
referred to as the "Demised Prcmis~s", in order to provide a temporary parking area for beach
goers and to provide a staging area for the construction company building the LESSEE'S parking
garage which is located nearby.
LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised
Premises or any part thereof to be used or occupied for any purpose contrary to law or the rules
or regulations of any public authority.
ARTICLE 2.
Term of Lease
LESSEE shall have and hold the Demised Premises for a term of one year, commencing
on the date in which LESSEE is issued a building permit for the proposed parking garage to be
placed on LESSEE'S property which is adjacent to the Demised Premises. If LESSEE'S
construction should be completed prior to the one-year lease term. LESSEE shall have the right
to terminate this Lease by providing LESSOR with thirty-day written notice of such termination.
If LESSEE'S construction should not be completed by the end of the one-year lease term,
LESSEE shall be granted to the option, provided it is not then in default of any of the terms of
this Lease, to renew same for an additional three months, under the terms and conditions as
provided herein, by giving written notice of LESSEE'S intention to do so to the LESSOR not less
than thirty days prior to the expiration of the leasehoJd estate hereby created, Said notice shall
become effective upon actual receipt by LESSOR.
ARTICLE 3. Rent
In community-minded spirit, the LESSOR shall not require rent from LESSEE for this
Lease and LESSEE'S use of the Demised Premises. LESSOR acknowledges that LESSEE'S
promises under this Lease are sufficient consideration to LESSOR to render this Lease mutually
binding on both parties hereto.
ARTICLE 4,
Other Expenses and Charges
LESSEE shall pay alJ janitorial services, utility charges and maintenance of parking
surface pertaining to the Demised Premises.
ARTICLE 5.
Modifications to Demised Premises
LESSOR shall provide LESSEE with a minimum of 120 parking spaces for beach
attendees' vehicles. Without any cost to the LESSEE, LESSOR shall improve the Demised
Premises with a solid surface, in a material selected by LESSOR, which material is suitable for
the subject vehicular parking.
--~----_.".
--- ----- ----------~--~---- --~~
Agenda Item No. 16D1
April 26. 2005
Page 4 of 7
LESSOR covenants and agrees in connection with any maintenance, repair work,
erection, construction, improvement, addition or alteration of any authorized modifications.
additions or improvements to the Demised Premises, to observe and comply with all then and
future appJicable laws, ordinances, rules. regulation, and requirements of the United States of
America, State of Florida, County of ColJier, and any and all governmental agencies having
jurisdiction over the Demised Premises.
If LESSEE should elect to make any improvements at the Demised Premises. prior to
making any such changes. aJterations, additions or improvements, LESSEE will provide to
LESSOR all proposals and plans for alterations, improvements, changes or additions to the
Demised Premises for LESSOR'S prior written approval, specifying in writing the nature and
extent of each desired alteration, improvement, change, or addition, along with the contemplated
starting and completion time for all of the same. LESSOR or its designee will then have thirty
(30) days within which to approve or deny in writing said request for changes, improvements,
alterations Œ additIons. LESSOF sha!l not unreasonab..·. withhold its consent to required o~
appropriate aJterations. improvements, changes or addItions proposed by LESSEE. If after thirty
(30) days there has been no written rejection deJivered by LESSOR to LESSEE regarding.,said
proposals or plans, then such silence shall be deemed as an APPROY AL to such request of
LESSEE.
LESSEE covenants and agrees in connection with any maintenance. repair work,
erection, construction, improvement. addition or alteration of all modifications, additions or
improvements by LESSEE to the Demised Premises, to observe and comply with all then
applicable laws, ordinances, rules, regulation, and requirements of the United States of America,
State of Florida, County of Collier, and any and all governmental agencies having jurisdiction
over the Demised Premises.
All alterations, improvements, and additions to said Demised Premises shall at once,
when made or installed, be deemed as attached to the freehold and to have become property of
LESSOR. Prior to the termination of this Lease, including any renewal term thereof, or within
thirty (30) days thereafter, if LESSOR so directs, LESSEE shall promptly remove all such
additions, improvements, alterations, fixtures and installations which were placed in, on or upon
the Demised Premises by or on behalf of LESSEE, and which are designated in said notice, and
repair any damage occasioned to the Demised Premises by such removal and in default thereof,
LESSOR may complete said removals and repairs at LESSEE'S expense,
ARTICLE 6. Access to Demised Premises
LESSOR. its duly authorized agents, representatives and employees, shall have the right
after reasonable oral notice (estimated to be one hour or Jess) to LESSEE, in each instance. to
enter into and upon the Demised Premises or any part thereof at all reasonable hours for the
purpose of examining same or making repairs, or janitorial service therein, and for the purposes
of inspection for compliance with provisions of this Lease Agreement.
ARTICLE 7.
Assignment and Subletting
LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part
of the Demised Premises, or to pennit any other persons, other than another County agency, to
occupy same without the prior expressed written consent of LESSOR. Any such assignment or
subletting, even with the consent of LESSOR, shall not relieve LESSEE from the tenns,
conditions and covenants of this Lease.
ARTICLE 8.
Indemnitv and Insurance
To the extent legally possible, the parties wHl continue the insurance arrangements in
effect at the time of the commencement of this Lease,
ARTICLE 9.
Maintenance
LESSEE shall, at its sole cost and expense, keep the Demised Premises tidy at all times.
If said Demised Premises are not kept clean in the opinion of LESSOR, LESSEE will be so
advised in writing. If corrective action is not commenced by LESSEE within ten (10) days of the
2
"--~..._-",_.~,"
Agenda Item No. 1601
!Wriì 26 2005
receipt of such notice, LESSOR wi ] cause the same to be cleaned and corrected and Lt8&~Ë5 of 7
shall assume and pay all necessary cleaning costs and such costs shall constitute rent which shall
be paid by LESSEE within thirty (30) days of receipt of written notice of costs incurred by
LESSOR.
ARTICLE 10.
Default bv LESSEE
Failure of LESSEE to comply with any provision of this Lease shall constitute a default
and LESSOR may, at LESSOR'S option, terminate this Lease after thirty (30) days written notice
to LESSEE, unless the default be cured within that notice period (or such additional time as is
reasonably required to correct such default).
ARTICLE 11.
DefauJt bv LESSOR
LESSOR shall in no event be charged with default in the nerformance of any of m
obií~auon :1c'r~-lnòer unìess and unu] LESSOR shall 11ave faile;: IC nenonn suc~ obligatio!'.c
within ninety C901 Gays (or such additional time as is reasonably required to correct such default)
after written nouce from LESSEE to LESSOR properJ~' specifying wherem LESSOR has failed
to perfonn any such obligations.
ARTICLE 12. Notices
Any notice which LESSOR or LESSEE may be required to give to the other party shall be
in writing to the other party at the following addresses:
LESSEE:
Board of County Commissioners
c/o Real Estate Services
3301 Tamiami Trail East
Administration Building
Naples, Florida 34112
LESSOR:
Vanderbilt Properties, Inc.
c/o Karen Hanson
15 South 5111 Street, Suite 900
Minneapolis, MN 55402
Copy to: Office of the County Attorney
Director, Parks and Recreation Dept.
ARTICLE 15.
Surrender of Premises
LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the Demised
Premises upon expiration of this Lease, incJuding extensions, or its earlier termination, broom clean
and in as good condition and repair as the same shall be at the commencement of the term of this
Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear
and tear and damage by fire or the elements beyond LESSEE'S control excepted.
ARTICLE 16.
General Provisions
LESSEE fully understands that the police and law enforcement security protection provided by law
enforcement agencies to the Demised Premises is limited to that provided to any other business or
agency situated in Collier County, and LESSOR acknowledges that any special security measures
deemed necessary for additional protection of the Demised Premises shall be the sole responsibility
and cost of LESSEE and sha]] involve no cost or expense to LESSEE.
LESSEE expressly agrees for itself. its successor and assigns, to refrain from any use of the
Demised Premises which would interfere with or adversely affect the operation or maintenance of
LESSOR'S standard operations.
ARTICLE 17.
Effective Date
This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE.
ARTICLE 18.
Governing Law
This Lease Agreement shalJ be governed and construed in accordance with the laws of the State of
Florida.
3
~ ..____~____"_._._._______m____._~_.__
'.
Agenda Itern No. 1601
April 26, 20D5
Page 6 of 7
IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals.
AS TO THE LESSEE:
DA TED:
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
A ITEST:
DWIGHT E. BROCK, Clerk
BY:
Deputy Clerk
BY:
FRED W. COYLE, Chairman
AS TO THE LESSOR:
DATED:
VANDERBILT PROPERTŒS, INe.
ATfEST:
BY:
, Secretary
, President
WITNESS (signature)
print name
WITNESS (signature)
print name
Approved as to form and Jegal sufficiency:
C~
~omas e. Palmer
Assistant County Attorney
4
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Apnl 26, 2005,
. Page 7 of 7
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Agenda Item No. 1602
April 26, 2005
Page 1 of 12
EXECUTIVE SUMMARY
Approve the Older Americans Act Disaster Relief Program contract between Collier County Board
of County Commissioners and Area Agency on Aging for Southwest Florida, Inc. d/b/a Senior
Solutions of Southwest Florida and authorize the Chairman to sign the agreement.
OBJECTIVE: The execution of this agreement is necessary to provide assistance to Collier County's
frai! elderh' residents who have been impacted by the Cour maior hurricanes of 2004.
CONSIDERATIONS: The OJder Americans Act Disaster Relief Program is a Federal program that
provides emergency disaster relief and recovery through the provision of needed services to assist older
persons and caregivers.
Hurricanes Charley, Frances, Ivan and Jeanne all resuJted in the issuance of Executive Orders #04- I 82,
#04- I 92. #04-206, and #04-2 17 and Presidential declarations in Florida in August and September 2004.
The purpose of this program will be to provide needed services and related assistance to older persons and
caregivers affected in the hurricane-impacted areas. The Disaster Relief program has made $3,500,000
available to be distributed within Charlotte, Collier, Desoto, Glades, Hendry, Lee and Sarasota counties.
Funds will be distributed to clients on a first-come, first-served basis.
GROWTH MANAGEMENT: There is no growth management impact from this recommendation.
FISCAL IMPACT: There is no direct fiscal impact from this recommendation. All budgeted costs are
reimbursed directly to the client via requests for payment to Senior Solutions of Southwest Florida. This
program requires no local cash matching funds.
RECOMMENDA TIONS: Staff recommends that the Board of County Commissioners approve the
Disaster Relief Program contract and authorize the Chairman to sign the agreement. The agreement has
been reviewed and approved by the County Attorney's Office.
Prepared by: Terri Daniels, Grant Supervisor, Human Services Department
",;'""--
Agenda Item No. 16D2
April 26, 2005
Page 2 of 12
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16D2
Meeting Date
Recommendation to approve the Older Americans þ,ct Disaster Relief Program contract In
tne amount of $3.500.000 between Collier County Board of County CommissiOners and
Area Agency on Aging for Southwest Flonda, Inc. d/b/a Senior Solutions of Southwest
Florida and authorize the Chal"man to sign the agreement.
4/26'2005 9 00 00 AM
Prepared By
Date
T errí A. Daniels
Grants Coordinator
4112i2G05 :>:49:24 PM
Pub!ic ServIces
Human ServH.:e:s
Appru'ed B,'
Barn.! \Nin¡ams
hurnan Services D!rI::·ct~r
Date
PuöJic SÐ't'Vlces
Human Services
.:vi J/2005 8:19 AM
Approved By
Marla Ramsey
Parks & Recreation Director
Date
Public Services
Parks and Recreation
4/14/20059:28 AM
Approved By
OMB Coordmator
.Adminìstrative Ass.istant
Date
County Manager's Office
Office of Managoment & Budget
4/14/2005 12:48 PM
Approved By
Gary A, Vincent
Management & Budget Analyst
Dale
Counly Manager's Office
Office of Management & Budget
4114120053:24 PM
Approved By
Michael Srnykowski
Management & Budget D!rector
Date
County Manager's Office
Office of Management & Budget
4115120054:16 PM
Approved By
James V, Mudd
County Manager
Dale
Board of Counly
Commíssíoners
County Manager's Office
4/191200511 :15 AM
'.~'."'-''''''"''-'''-',",-'
---_..__._--_._.._----_._.__.~--
01/01/2005
Agenda Item No. 1602
April 26, 2005
Agreement Number HDd2Mdsof 12
STANDARD AWARD AGREEMENT
AREA AGENCY ON AGING
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
THIS AGREEMENT is entered into between Area Agency on Aging for Southwest Florida,
Inc. d/b/a Senior S01utions of Southwest Florida, hereinafter referred to as the" Agency", and
Collier Countv Board of Commissioners, hereinafter referred to as the "Recipient". This
agreement is subject to all provisions contained in th·c MASTER AGREEMEI\'T exe::ute:
betwt;.::n the Agency and the recòpient, Agreement No. HM004, and its successor, incorporated
herein by reference.
The parties agree:
I. Recipient Agrees:
A. Services to be Provided:
To plan, develop, and accomplish the services delineated, or otherwise cause the
planning, development, and accomplishment of such services and activities, under the
conditions specified and in the manner prescribed in Attachment Lof thís agreement.
B. Final Request for Payment:
The recipient must submit the final request for payment to the Agency no more than.J.Q
days after the agreement ends or is terminated. Any payment due under the terms of this
agreement may be withheld until all reports due from the Recipient, and necessary
adjustments thereto, have been approved by the Agency.
II. The Agency Agrees:
A. Obligation to Pay:
The State of Florida's performance and obligation to pay under this agreement is
contingent upon an annual appropriation by the Legislature.
B. Source of Funds:
The costs of services paid under any other agreement or from any other source are not
eligible for reimbursement under this agreement. The funds awarded to the Recipient
pursuant to this agreement are in the state grants and aids appropriations.
III. Recipient and Agency Mutually Agree:
A. Effective Date:
1. Thís agreement shall begin on January 1, 2005 or on the date the agreement has been
signed by both parties, whichever is later.
2. This agreement shall end on November 30. 2005.
1
Agenda Item No, 1602
April 26, 2005
01/0112005 Agreement Number HDm'O~85of 12
B. Termination, Suspension, and/or Enforcement:
The causes and remedies for termination or suspension of this agreement shall follow
the same procedures as outlined in Section m.B. and Section fiLC. of the Master
Agreement.
C. Recipient Responsibility:
Notwithstanding the pass-through language contained in the Assignments and Sub-
agreements clause of the Master Agreement, the recipient maintains responsibility for
the performance of all subrecipients and vendors in accordance with all applicable
federal and state: laws,
D. Notice, Contact, and Payee Information:
1. The name, address, and telephone number of the grant manager for the Agency for
this agreement is:
Leigh E. Wade, Executive Director
Area Agency on Aging for Southwest F1orida, Inc.
d/b/a Senior Solutions of Southwest Florida
2285 First Street
Fort Myers, Florida 33901
239-332-4233/ SC 748/6947
2. The name, address, and telephone number of the representative of the Recipient
responsible for administration of the program under this contact is:
Barry Williams, Director
Human Services Department
COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS
3301 East Tamiami Trail
Naples, F10rida 34112
(239) 774-8154
3. In the event different representatives are designated by either party after execution of
this agreement, notice of the name and address of the new representative will be
rendered in writing to the other party and said notification attached to originals of
this agreement.
4. The name (Recipient name as shown on page 1 of this agreement) and mailing
address of the official payee to whom the payment shall be made:
Barry Williams, Director
Human Services Department
COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS
3301 East Tamiami Trail
Naples, F10rida 34112
2
...""--,"".....,.,~
-_._------~----_.-
01/01/2005
Agenda Item No, 1602
April 26, 2005
Pa~q"e 5 of 12
Agreement Number HDD2lJj.05
IN WITNESS THEREOF, the parties hereto have caused this 10 page agreement to be executed
by their undersigned officials as duly authorized.
RECIPIENT:
COLLIER COUNTY HUMAr\ SERVICES
BY:
ATTEST:
DWIGHT E. BROCK. Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:
Fred W. Coyle, Chainnan
Board of County Commissioners
Date: January 1,2005
Approved as to form and
legal sufficiency
AREA AGENCY ON AGING FOR SOUTHWEST
FLORIDA, INe. D/B/A SENIOR SOLUTIONS OF
SOUTHWEST FLORIDA
~
By:
Roger Bumgarner
Board President
Date:
January 1, 2005
DATE: January 31, 2005
DATE: January 31, 2005
FEDERAL ill NUMBER: 59-6000558
FISCAL YEAR END DATE: 9/30/05
3
01/01/2005
Agenda Item No. 1602
April 26, 2005
HDY..aœ.ß..of 12
Agreement Number DLlß.U:>
~
Senior Solutions of Southwest Florida
A TT ACHMENT I
~
I. STATEMENT OF PURPOSE
The Older Americans Act Disaster Relief Program is a federal program that provides emergency
assistance to provide disaster relief and recovery through the provision of needed services to
assist older persons and caregivers. Annually, natural disasters occur through floods, tornadoes,
earthquakes and hurricanes and some may be serious enough to require a Presidential declaration
of a state disaster. This declaration brings to bear the resources of the federal government in
order to restore the pubJic facilities of a community and to assist individuals in restoring their
Jives.
Hurricanes Charley, Frances, Ivan and Jeanne all resulted in the issuance of Executive Orders
#04-182,04-192,04-206,04-207 and 04-217 and Presidential declarations in Florida in August
and September 2004. The purpose of this program wil1 be to provide needed services and related
assistance to older persons and caregivers affected in the hurricane impacted areas.
II. SERVICES TO BE PROVIDED
A. The services and related assistance will be provided in a manner consistent with and
described in the recipient's application for disaster funding and the Department of Elder
Affairs Home and Community-Based Services Handbook dated 1/03. In the event the
manual or guidelines are revised, such revision will automatically be incorporated into the
agreement and the grant manager wiJI send a copy to the recipient's contact person. The
recipient agrees to perform the services and related assistance of this agreement in
accordance with all federal, state, and local laws, rules, regulations and policies that pertain
to Older American Act funds.
4
,..",..,,_..__..~....,."
----~---
Agenda Item No. 1602
April 26, 2005
01101/2005 Agreement Number HDrf~óff 12
B. These services and related assistance are those which are necessary to maintain older disaster
victims and their caregivers until they have recovered to the point where they do not need
further assistance, to help provide the capacity to address problems that develop as a result of
the disaster, and finally, to provide services that will be on-going in nature and that will
transition to existing programs.
C. This funding cannot be used to supplant funds for existing services and related assistance, but
must be used specifically for the purpose described herein. This funding must not be used
for services or related assistance provided by another funding source. Consumers will sign
an attestation statement that the service or related ~:.;sistance is hU-TIcane related (name th~
specific hurricanels)) and that they have not received any other source of help for the
particular service or related assistance being provided under this agreement.
Allowable Services
Funds must be used to provide services and related assistance resulting from the emergency to
maintain basic health and sustenance of elder consumers (targeting at-risk elders) and their
caregivers experiencing hardship as a result of the effects of the Hurricanes Charley or Frances
or Jeanne or any combination of the hurricanes.
Services, related assistance, and unit rates that can be covered through this agreement include the
Older Americans Act services as defined in the Home and Community Based Services
Handbook, which are the following:
Services
· Case Aide
· Case Management
· Chore
· Chore (Enhanced)
· Counseling
· Home Delivered Meals
· Homemaker
· Legal
· Material Aid - materials for repair,
replacement of goods lost due to disaster,
including clothing, hearing aids, dentures,
eyeglasses, bedding and linens, etc.
· Outreach
· Respite (In Home)
· Respite in Facility (Day Care)
· Respite in an Institution
· Information
· Referral
· Screening 1 Assessment
Rate
$21/hr
$40/hr
$36/hr
$50/hr
$50/hr
Contracted Rate
$18/hr
$52.50
Varies
$30/episode
$18/hr
$lOlhr
$80/day
$lO/unit
$18/unit
$30/hr
5
--~~~~-
· Transportation
Agenda Item No. 1602
April 26, 2005
Agreement Number HDd2'ô~&50f 12
Contracted Rate
0110112005
Additional Allowable Services
· Homeless relocation - moving, storage, relocation expenses and temporary housing for
elders whose homes have been condemned.
· Debris removal, mold and mildew removal resulting from hurricane damage.
· Minor Repairs
· Major Appliances
· Roofing Repaj~
III. Eligible Recipients
In order to qualify for the services funded through Older Americans Act Disaster Program, an
individual must meet the following criteria:
· Be 60 years of age or older.
· Caregivers of elder disaster victims (aged 60 or older)
· Be a resident of the declared county.
· Be a victim of a Hurricane Charley, Frances and/or Jeanne.
· In need of emergency housing, services, and/or medical care as a result of a hurricane
that cannot be provided through any other program and/or funding resource, including
FEMA and/or Home Owner Insurance.
· Determined eligible by the AAA or by Florida Rural Legal Services for legal assistance.
Under current law, all service providers funded under part B of the Act must follow priorities
established by the recipient and approved by the Department for serving the elderly, providing
assurances that preference will be given to those with the greatest economic and social need,
with particular attention to low income minority older individuals residing in rural areas.
Because of the nature of hunicane disaster the AAA understands that clients will be identified
and served that fallout of the normal targeting category as described above. However, clients
served must still meet all eligibility criteria as detailed in the "Eligible Recipient" section of
these guidelines.
IV. General Criteria
· For structural repairs, the applicant must be the owner I normal resident of the home.
· Service priority to those without Homeowners Insurance and/or are unable to afford
homeowner deductible(s).
· OAA funds expended cannot duplicate funds received from Homeowners Insurance
Company or FEMA
· Funds may be used to provide for services that would be paid for by the deductible.
· Debris removal- applicant must own and normally reside at residence on property.
6
"<. --,._"..,-~..,........_.."--";-...._-",,-,.,,
-~~-~_.__._---~---~
01/0112005
Agenda Item No. 1602
April 26. 2005
Agreement Number HDrf~Q5üf 12
· Stumps and trees will not be removed unless in an area that impacts homeowner safety
and security.
· Trees that have been damaged and must be either cut down or trimmed must be in the
immediate vicinity of the home.
· Damage pre-ex.isting hunicanes, i.e., old brush piles, downed trees, etc. are not eligible
for reimbursement of cost under this grant
· Fences - fences that fell as a direct result of one or more of the 2004 hunicanes can be
removed and hauled away, but fences will not be replaced unless essential for security /
œts.
" :j;;-":ack::. Sheds - detacb¿d sheds dam:.cgec or des~rcyeè :i~ a dir~ct resu!: of OTl:': or rDore
of the 2004 hunicanes can be removed and hauled away. The shed will not be æplaced.
· Restoration of shoreline, boat ramps, sea walls and landscaping are not allowable
ex.penses.
· Estimates for service must indicate breakdown between Materials (Material Aid) and
Home Repair (Labor and Subcontractors)
Non- Traditional Providers
Due to the nature of disasters and the availability of contractors, non-traditional outside vendors
may be utilized to provide services.
Direct Disbursement to Clients
Clients may have chosen a vendor and secured estimates for services required. Direct
disbursement in the form of a two party check may be made to the client in order for services to
proceed. The client, prior to the disbursement of the check, must complete a Request for
Assistance and sign the attestation included. In such a case, an endorsement clause will be
printed on the back of the check indicating that all goods and/or services have been received and
the endorsement will indicates that the goods andlor services were received, provided to the
client's satisfaction and were for hunicane damage repairs only.
Authorization and Initiating Services
For Lead Agency services, once the AAA has detennined an applicant eligible for service then
the following should occur:
1. AAA will issue authorization for services.
2. The Lead Agency will initiate and coordinate service.
3. The Lead Agency will maintain an up to date case record for the client.
Case Record Requirements -
An individual client file should be established to maintain all client specific records.
The case record requirements are listed below:
7
UJ·
Agenda Item No. 1602
April 26, 2005
01/01/2005 Agreement Number HD~19süf 12
· 701 A Assessment forms is required at minimum - a 701 B may be substituted. (Lead
Agency only.)
· Three month care plan (Lead Agency only.)
· Proof of age.
· Case Notes documenting client contact, status, services needed, services provided, etc.
· Invoices for services received from outside providers.
· Request for Assistance form with attestation statement and indication of which hurricane
caused the damage / loss. (Consumers must sign an attestation that the service or related
assistance is hunicane related and that they have not received any other source of help for the-
~'2rti~uìar servic::, or related assistance :)eíng p:-:)\ ;ò~d under this agre::menl.)
· Copy of Insurance Settlement letter
· FEMA detennination letter
· Estimates, if applicable.
· Indication of Home Ownership for those seeking structural repairs or debris removal as a
result of the hunicanes.
CIRTS Requirement
· Clients receiving services funded through OAA disaster funding should NOT be
entered into CIRTS,
· If it is detennined the client needs long-term services unrelated to the HuITicane(s), then the
appropriate 701 assessments should be completed. These seniors should be prioritized and
enrolled for new services according to the usual and customary procedures and prioritization
guidelines for entry into OAA and State funded services.
v. METHOD OF PAYMENT
The method of payment in this agreement is unit cost reimbursement according to the rates listed
on page five (5). All payment requests for expenditures shall be based on the submission of
weekly actual expenditure reports.
Reporting Requirements
The recipient will submit a weekly report to support the request for payment that includes a list
of services provided, units, and unduplicated consumers served by service or related assistance.
The report will include a year to date summary for the services or related assistance, units and
unduplicated consumers. The recipient shall maintain documentation to support payment
requests that shaH be available to the State Comptroller or the Department of Elder Affairs or
other authorized state and federal personnel upon request.
Any payment due by the AAA under the terms of this agreement may be withheld pending the
receipt and approval by the AAA of all financial and programmatic reports due from the
recipient and any adjustments thereto, including any disallowance not resolved as outline in
Section I.T. of the Master Agreement.
8
>.~,.".,~_._.,...,
01/01/2005
Agenda Itern No. 1602
April 26. 2005
Agreement Number HDß~3H5of 12
Special Provisions
The recipient assures compliance with Section 315 of the Older Americans Act as amended in
2000, in regard to consumer contributions. Sub recipients may charge co-payments to those
persons able to pay part or all of the cost of services only for services not paid for with Older
Americans Act funds.
VI. Technical Assistance
1. Will entry into CIRTS be required?
Answer: No.
2. If no CIRTS entry is required, how will the AAA keep track of the payouts?
Answer: A client / service tracking log form will be maintained at the AAA. It will
contain the client's name, service, name of supervisor authorizing and amount
authorized, When invoices are submitted, fiscal will update the log to show
amount dispersed for authorized services.
3. Will there be some kind of approval process required?
Answer: the AAA must approve / authorize all services. The Disaster Relief
Coordinator will have authority to authorize up to $10,000. For amounts
exceeding this, further approval from either the CFO or Program Manager will
be required.
4. Will these be unit cost reimbursable or straight cost reimbursement?
Answer: Unit cost reimbursement will be utilized for most vendor services.
Straight cost reimbursement will be utilized for all other services (i.e" home
improvement, repairs and rooting, material aid, enhanced and industrial chore,
homeless relocation, etc.). However, available unit cost information should be
utilized to determine if estimates and/or bids are fair and customary. Where there
are concerns regarding estimates, or mold/mildew mitigation is needed, Senior
Solutions will authorize an evaluation of the estimates / situation by a professional.
5. Can repairs already completed be reimbursed?
Answer: Yes, provided all eligibility requirements have been met and only to the
extent that supporting documentation is available.
9
~--~-~~._-_._..
01/0112005
Agenda Item No. 1602
April 26, 2005
Agreement Number HDß~.1?s0f 12
A TT ACHMENT II
OLDER AMERICANS ACT PROGRAM
AGREEMENT REPORT CALENDAR
Report
Number
Based On
1
2
3
4
5
9
10
11
12
13
14
February Expenditure Report
March Expenditure Report
April Expenditure Report
May Expenditure Report
June Expenditure Report
July Expenditure Report
August Expenditure Report
September Expenditure Report
October Expenditure Report
November Expenditure Report
Final Expenditure and Request for Payment Report
Submit to Agency
On This
Date
March 10
April 10
May 10
June 10
July 10
August 10
September 10
October 10
November 10
December 10
January 10
Note: Monthly Invoices (see attached) are to be submitted to Delores Kadlec-Roussey,
CFO, Senior Solutions of Southwest Florida
10
Agenda Item No. 1603
April 26, 2005
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve budget amendments to reflect an overall increase of $11,928 in the
Older Americans Act programs and authorize the Chairman to sign contract amendment
OAA.203.0S #001 between Collier County Board of County Commissioners and Senior Solutions of
Southwest Florida D/B/A Area Agency on Aging.
OBJECTIVE: The execution of this contract amendment and budget amendments IS necessar~ to
recoglì¡7e an iner;:,;,;:, in grant j :;nding in the Sen IceS for:>cnJors prog;·am.
CONSIDERA nONS: Collier County Services for Seniors has been providing in-home support services
to Collier County's frail elderly for the past 30 years through the Older Americans Act program. The Title
III-B Homemaking program had an increase of $5,762, the Title C-I Congregate Meal program had an
increase of $20,614, the Title C-2 Home Delivered Meal program had an increase of $17,372 and the
Title lII-E Caregiver Support program had an increase of $5,366, resulting in a total contract increase of
$49,114 across all programs. However, only a portion of this increase directly affects the county budget.
The Title III-B Homemaking budget wi]] increase by $864, Title C-l Congregate Meals will increase by
$3,092, Title C-2 Home Delivered Meals will increase by $2,606 and Title lII-E Caregiver Support will
increase by S5,366, resulting in a county budget increase of $11,928 across a]J programs. The contract
period is from January I, 2005 through December 31, 2005.
GROWTH MANAGEMENT: There is no growth management impact from this recommendation.
FISCAL IMPACT: FY 04-05 budget in the Older Americans Act cost center (155972) will increase by
$11,928. No additional matching funds are required.
RECOMMENDA nONS: Staff recommends that the Board of County Commissioners authorize the
Chairman to sign the contract and approve the necessary budget amendments. The contract has been
reviewed and approved by the County Attorney's Office.
Prepared by: Terri Daniels, Grant Supervisor, Human Services Department
.'~.,~
Agenda Item No. 16D3
April 26, 2005
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16D3
Recommendation to approve budget amendments to reflect an overall Increase of $11,928
In the Older Americans Act programs and authorize the Chairman to sign contract
amendment OAA.203 05 #001 between Collier County Board of County Commissioners
and Senior Solutions of Southwest Florida D/B!.A Area Agency on Agmg.
Meeting Date
4126/200590000 AM
Prepared By
Dat"
Terri A, Daniels
Grants Coordinator
4112,2005 4:50:0ì PM
Pubj¡c Servicl:-;s
HUrna¡~ Serv!c:e!:'
Approved B~
Bëtry'V'¡¡¡¡Jam5
Hurmln Se-ndct'$ Defector
Dale
Pubiic Sennces
Hum211 Service~,
4113120058:28 AM
Approved By
Marla Ramsey
Parks & RecreatÎon Director
Date
Public Services
Parks and Recreation
4114120059:33 AM
Approved By
OMS Coordinator
Administrative Ass.istant
Date
County Manager's Office
Office of Management & Budget
4114/20051 :15 PM
Approved By
Gary A, Vincent
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
4/14120054:29 PM
Approved By
Michael Smykowskl
Management & Budget Dìrector
Date
County Manager's Oftïc~
Office of Management & Budget
411912005 9:01 AM
Approved By
James V. Mudd
County Manager
Dale
Board of County
Comrníssîoners
County Manager's Office
4!191200510:51 AM
Amendment #001
Agenda Item No, 1603
April 26, 200S
Page 3 of 4
Agreement #OAA203.05
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
I
THIS AMENDMENT is entered into between the Area Agency on Aging for Southwest
Florida, Inc., d/b!a Senior Solutions of Southwest Florida, hereinafter referred to as the
"Agency", and Collier County Board of County Commissioners, hereinafter referred to as the
"recipient" amends Agreement #OAA203.05
L The purpose of this amendment is to increase funding of $5762 to Title III-B, $20,614 to
Tit]e In Cl Cong:regate M~a¡s, $1",:72 tc C2 H()m~ Delivered Meals, and $5.366 to
Titk IIi-E ServIces.
This amendment shall be effective on February 10,2005. All provisions in the agreement
and any Attachments thereto in conflict with is amendment shall be and hereby changed to
conform with is amendment.
All provisions not in conflict with this amendment are still in effect and are to be performed
at the level specified in the contract and the Master Agreement.
This amendment and all its attachment are hereby made a part of the agreement.
IN WITNESS THEREOF, the parties hereto have caused this 2. page agreement to be executed
by their undersigned officials as duly authorized.
COLLIER COUNTY HUMAN SERVICES
BY:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:
Fred W. Coyle, Chairman
Board of County Commissioners
Approved as to fonn and
legal sufficiency
Date: February 10, 2005
AK:i:::::r
AREA AGENCY ON AGING FOR SOUTHWEST
FLORIDA, INC. DIE! A SENIOR SOLUTIONS OF
SOUTHWEST FLORIDA
By:
Roger Bumgarner
Board President
Date: February 10, 2005
Witness:
Print Name:
1
._~_.-..._. -- ~-
Amendment #001
Agenda Item No 1603
April 26, 2005
Page 4 of 4
Agreement #OAA203.05 '
Program Title Year Funding Source CFDA# Fund Amounts
Older Americans Act 2005 U.S. Dept. Of Health and 93.044-045 and
Human Services 93.052
,Title IIlB Support Services 2005 C.S. Dept. Of Health and 93.044
i Humar. Services
Lead Agency Operations $51,666.00 ì
Spending Authority $292,776.00
III Cl Congregate Meals 2005 U.S. Dept. Of Health and 93.045
Lead Agency Operations Human Services $38,041.00
Spending Authority $215,565.00
Title III C2 Home Delivered Meals 2005 U.S. Dept. Of Health and 93.045
Lead Agency Operations Human Services $33,247.00
Spending Authority $188,398.00
Title III E Services 2005 U.S. Dept. Of Health and 93.052
Lead Agency Operations Human Services $12,534.00
Spending Authority $71,026.00
TOT AL FUNDS CONTAINED IN THIS $903,253,00
AGREEMENT:
The Legal Service allocation for Collier County is $ 22.231.00 . PSA I & R is $38.447.00 .
These allocations are included in the Title III-ß spending authority allocation shown above.
2
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Agenda Item No. 1604
April 26, 2005
Page 1 of 8
,,-
EXECUTIVE SUMMARY
Recommendation to approve Contract Amendment No.1, to Contract No. 03-3537,
"Tourism Development Council Marketing Services" with Paradise Advertising and
Marketing, Inc. to include the development of a strategic public relations program for the
Collier County Museums and the Naples Depot.
OBJECTIVE: To receive Board approval of Contract Amendment No. 1 to Contract No. 03-
3537 to add strategic public relations development services for the Collier County Museums and
the Naples Depot.
CONSIDERATIONS: On October 28,2003, the Board aþproved Agenda Item No. (16) (A) (13)
authorizing Paradise Advertising and Marketing, Inc. to provide professional marketing services
for the Tourism Development Council. This contract amendment is needed to acquire additional
services not requested in the original contact. The Collier County Museum Director has
requested the services of Paradise Advertising and Marketing to develop a strategic public
relations and promotions program for all of the County's museum sites and the Naples Depot.
FISCAL IMPACT: Funds in the amount of $20,200 are available in the Museum's current
advertising and promotion budget.
~.
GROWTH MANAGEMENT IMPACT: There is no growth impact associated with this executive
summary.
RECOMMENDATION: That the Board of County Commissioners approve contract Amendment
No. 1 to Contract No. 03-3537 and authorize the Purchasing/General Services Director to sign
the Amendment.
PREPARED BY: Ron Jamro, Director, Collier County Museums
.,,--.
Agenda Item No. 1604
April 26, 2005
Page 2 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16D4
Meeting Date
Recommendation to approve Contract Amendment No 1, to Contract No. 03-3537.
"Tourism Development Council Marketing Services" with Paradise Advertising and
Marketing, Inc. 10 include the development of a strategic public relations program for the
Collier County Museums and the Naples Depot in the amount of $20,200.
4/26120059:00:00 AM
Approved By
Ron Jamro
Museum Oírector
Date
Public Services
Museum
4113/20053:02 PM
Approved By
Linda Jackson
Contracts Agent
Date
Administrative Services
Purchasing
4113/20053:07 PM
Approved By
Steve Carnell
PurchasinglGeneral Svcs Director
Date
Administrative Services
Purchasing
4113120054:00 PM
Approved By
Marl. Ramsey
Parks & Recreation Director
Date
Public Services
Parks and Recreation
4/14120053:41 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
4114/20054:04 PM
Approved By
Gary A. Vincent
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
4/15/2005 9:57 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4115/2005 1 :48 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
4115120053:04 PM
___.,,_.w....·"
Agenda Item No. 16D4
April 26, 2005
Contract Amendment # 1 Page 3 of 8
Contract No. 03-3537, "Tourism Development Council Marketing Services"
Exhibit A-I A
Scope of Services
Paradise Advertising and Marketing, Inc. will create and manage a public relations program for the Collier
County Museums, including the Naples Depot Museum, supporting the organization's overall branding and
marketing efforts in coordination with the County's Public Infonnation Office in order to increase awareness
and attendance.
This proposal covers the period from May 2005 until September 2005.
About Collier County Museums and the Naples Depot Museum
Established in 1978, the Collier County Museum preserves and interprets the history, archaeology and
development of Southwest Florida's last frontier.
The Museum's five acre historical park at the County Government Center in Naples, and its branch sites in
Everglades City and Immokalee offer a full range of education, family activities and cultural programs.
Held during the first weekend of November, the Old Florida Festival is the Collier County Museum's signature
event.
The Naples Depot Museum, which began operations in 1927, served as a railroad station until 1972, when the
last train left Naples.
Audience
The overall objective with all public relations efforts will be to increase awareness of the Collier County
Museums, including the Naples Depot Museum, and attendance of pennanent exhibits, programs, and special
events.
The primary audience is the local community, secondary audience is visitors to Collier County while in the
marketplace, and tertiary audience is visitors to Collier County before the arrive in the marketplace.
Public Relations Plan DeveloDment
o Establishment of a public relations plan, including the definition of objectives, key messages,
target audience, and detailed public relations strategies and tactics.
o Public relations objectives will reflect the overall marketing, fundraising, and attendance
objectives of the Collier County Museums, including the Naples Depot Museum.
o Develop a time line of public relations tactics.
Agenda Item No. 16D4
April 26, 2005
Contract Amendment # 1 Page 4 of 8
Contract No. 03-3537, "Tourism Development Council Marketing Services"
Exhibit A-I A
Media Relations Efforts
Material Developments
o Media Kit
· Develop a comprehensive media kit
o Online Media Room
· Structure a comprehensive online media room
· Prepare media kit content for online posting at www.colliermuseum.com
o F AM Trips
· Originate and coordinate domestic and international media F AM trips
o Public Service Announcements
· Develop, promote, and distribute public service announcement scripts to appropriate TV
and radio media outlets
Media Kit Distribution
o Target media research and lists
o On-going media kit/information requests
On-Going News releases / Media Alerts / Story Pitches
o Launching of new exhibits and educational programs
o Promotion of the Old Florida Festival in November
o Highlighting education programs
o Distributing targeted story pitch letters to select media representatives
o Following editorial story leads trom Visit Florida and the Greater Naples Marco Island
Everglades CVB
o Developing new media opportunities with the addition of the Naples Depot Museum
Coalition-Buildine Efforts
o Consistently keep intluencers and other interest groups informed about developments at the
Collier County Museums and build a community consensus about the importance of the museum
as a cultural treasure as well as an economic engine.
o Tourism influencers such as the Greater Naples Marco Island Everglades CVB, area chambers of
commerce, Visit Florida, and the Florida Association of Museums.
· Museum management at other museums.
· Employees and volunteers of the Collier County Museums and the Naples Depot
Museum.
· Government representatives on a local, regional, state, and federal level.
2
Agenda Item No. 1604
April 26, 2005
Contract Amendment # 1 Page 5 of 8
Contract No. 03-3537, "Tourism Development Council Marketing Services"
Exhibit A-I A
FEE SCHEDULE
Startup Fee
$4,000 Lump Sum
Includes Public Relations Plan Development and Material Developments as listed under Media Relations
Efforts.
Total # of Hours Per Month for five (5) months:
24 hours per month @ $ 135/per hour
$3,240 Total Fee Per Month
Includes on-going news releases, media alerts, story pitches, media kit distribution, and continuous coalition-
building efforts. Services further include overall agency support, including account supervisor and additional
agency staff support.
TOTAL CONTRACT FEE
$20,200 Not To Exceed
3
Agenda Item No. 1604
April 26, 2005
Page 6 of 8
EXHIBIT A-I Contract Amendment # 1
Contract No. 03-3537 "Tourism Development Council Marketing Services"
This amendment, dated , 2005 to the referenced agreement shall be by and between the parties
to the original Agreement, Paradise Advertising and Marketing, Inc. (to be referred to as "Contractor'')
and Collier COWlty, Florida, (to be referred to as ''Owner'').
Statement of Understanding
RE: Contract # 03-3537 "Tourism Development COWlcil Marketing Services"
As provided in Section 4 of the above referenced contract, this Amendment adds additional services to the
Contract to include the development of a strategic public relations program for the Collier County
Musemns and the Naples Depot, as per the Scope of Services attached in Exhibit A-IA, hereto attached
and made an integral part of this Amendment.
The Contractor agrees that this amends the original Contract, and that the Contractor agrees to complete
said services in the amount of twenty thousand, two hundred dollars ($20,200).
All other terms and conditions of the agreement shall remain in force.
IN WITNESS WHEREOF, the Con1ractor and the County have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date(s) indicated below.
CONSULTANT
ATTEST:
Paradise Advertising and Marketing, Inc.
Corporate Secretary/Witness
By:
Title:
Dated:
By:
Dated:
CORPORATE SEAL
Approved as to form and
Legal sufficiency:
OWNER:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Robert N. Zachary
Assistant County Attorney
By:
Stephen Y. Carnell
Director of Purchasing and General Services
".--
.--- --------------
---A§eOOa Itom No. 16D4
April 26, 200sì'
Page 7 of 8
Date:
Tuesday, April 12, 2005
To Steve: 4/12/05
E-Mailed To Bonnie:
PLEASE NOTE: THIS ITEM IS BEING PRESENTED TO THE BOARD AS A CONSENT AGENDA
ITEM, PLEASE LOG ON THE FINANCE LOG ONLY.
Project Name:
Tourist Development Council Marketing Services
Project Number:
NA
BIDIRFP #:
03-3537
Mod#:
Amendment No. I
PO#:
Work Order Number:
Contractor/Consultant: Paradise Advertising and Marketing, Inc.
Original Contract Amount: $ 820.000.00
(Starting Point)
Current BCC Approved Amount:
$ 820.000.00
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 820.000.00
(Including All Changes Prior To This Modification)
Change Amount:
$
20.200.00
Revised Contract!Work Order Amount: $ 840.200.00
(Including This Change Order)
Cumulative Dollar Value of Changes to this Contract/Work Order: $ 20.200.00
Percentage Of The Change OverlUnder Current Contract Amount:
2.46
%
Overview of change: This change order amends the Contract to add a strategic public relations program for the Collier County
Museums and the Naples Depot. The Consultant can devote more time and attention to the effort by placing advertising at far
more competitive rates, identitY tentiaJ new visitor markets and build a higher level of public awareness for the Museum and
its cultural programs . I '~nal 'ntemational basis.
1!1>;d ~
f/J3/~J-
Contract Specialist:
Scanned Date:
Data Entry Information:
Type of Change: Contract
Project Manager: Ron Iamro
Department: Collier County Museum
Scanned copies of the back up documentation may be located on the Purchasing G drive:
G:ICurrent-Changes to Contracts
G:I Current - Changes to Work Orders
Revised 4/12/2005
-- ----- .-----...---,,----
CONTRACT MODIFICATION
CHECKLIST FORM
Agenda Item No. 1604
April 26, 2005
Page 8 of 8
PROJECT NAME: TDC Marketina Services
PROJECT #:
BIDIRFP #: 03-3537 MOD #: Amend. 1
POI:
WORKORDER #:
Last BeC Approved Amount:
Amount of This Change:
$ 820.000
( Starting Point)
$ 820.000
(All Changes Prior To This Modification)
$ 820.000
(Last Total Amount Requiring BCC Approval)
$ 20.200
Original Contract Amount:
Current Contract Amount:
Revised Contract Amount:
$ 840.200
(Including This Change Order)
Cumulative Dollar Value of Change Orders to this ContractIWork Order: $ 20.200
Date of Last BCC Approval 10/28/03
Agenda Item # 16.A.13
Percentage of the change over/under current contract amount 2.46% %
Formula: {Current Amount / last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work oreler thresholds, please refer to the Contract
_.Administration Procedures, Section !lI.CA.
CURRENT COMPLETION DATE {S):ORIGINAL: 9130/05 CURRENT: 9/30/05
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. This chance order Amends the Contract to add a
strateaic Dublic relations Droaram for all of the Collier Countv museums and the Nacles DeDot.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
These services will ,.,rovide an extensive marketin Ian to romote and ublicize the Collier Coun Museum's four
facilities. Paradise Consultants can devote more time and attention the effort by Dlacina advertisina at far more
comcetitive rates. identify Dotential new visitor markets and build a hiaher level of public awareness for the Museum
and its cultural Drocrams on local. national and intemational basis.
PARTIES CONTACTED REGARDING THE CHANGE: Marla Ramsey, Director of Public Services; Linda
Jackson, Contract Specialist;
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: This form is to be signed and dated.
APPROVE~· .
Date: +·/1· 05
Date: 4/fl-/O{
Revised 3/10/2005
------------------ .---
EXECUTIVE SUMMARY
Agenda Item No. 16E1
April 26, 2005
Page 1 of 2
-
Recommendation to reject all proposals received under RFP 05-3747, Indoor Air
Quality Services.
OBJECTIVE: To reject all proposals received under RFP 05-3747, Indoor Air Quality Services
and reissue to receive a more qualified firm for these services.
CONSIDERATION: RFP 05-3747 was posted on November 10, 2004 in the lobby of the
Purchasing Building. There were two (2) responses received. The Selection Committee has
concluded that none of the firms would be qualified to provide these services. The Facilities
Management Department will work with Purchasing to reissue for these services.
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 rejects the proposals received
under RFP 05-3747 for Indoor Air Quality Services.
~
PREPARED BY: Daniel R Rodriguez, Facilities Manager, MBA, CFM, Department of Facilities
Management
/""'""'
Ager.!j;; 1\~!T1 fk" H;E1
A!)~¡I ;lii, 2005
P;5.!1~' 2....r 2
COLLIER COUNTY
SOARD OF COUNTY (':Qt.lMI6SIONEF($
Item Number
Item Summary
H;E1
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Agenda Item No. 16E2
April 26, 2005
Page 1 of 15
EXECUTIVE SUMMARY
.-
Recommendation to approve usage of the School Board of Miami-Dade County Industrial
Equipment and Supplies Discount Bid (OSl-DD9) over the twenty-five thousand dollar
threshold for the purchase of hardware and related items for maintenance, operations and
repair
OBJECTIVE: To obtain Board approval to utilize the School Board of Miami Dade County's
Industrial Equipment and Supplies Discount Bid (051-DD9) over the twenty-five thousand dollar
threshold for the purchase of hardware and related items for maintenance. operations and
repair.
r--
CONSIDERATIONS: The Department of Facilities Management is responsible for the
maintenance, operations, and repair of all County-owned buildings and assets. Facilities
Management regularly purchases hardware and related items to repair and maintain the
County's assets and infrastructures to create a clean and safe environment. Through
competitive bid pricing and the use of local government bids. the Department finds the best
pricing on common hardware items. The Miami Dade County School Board has a very
comprehensive bid in place that allows for the purchase of a wide variety of products at
discounted pricing, which can be more cost-effective than current local vendors on bid. These
vendors include Southern Lock, which provides Collier County with specialized lock components
for the County Jail as well as Grainger Supply Inc., which is a national hardware and safety
supply vendor.
Florida local governments are authorized to ·piggyback" on other Florida government contracts
when needed. Collier County's Purchasing Policy provides for the utilization of these contracts,
but purchases beyond the twenty-five thousand dollar annual threshold require Board approval.
Facilities Management is requesting Board approval to utilize the School Board of Miami Dade
County's Industrial Equipment and Supplies Discount Bid (051-DD9); in excess of the twenty-
fIVe thousand dollars ($25,000) annual threshold for the period of the contract (expires May 18.
2006). This added resource would provide a more efficient and cost effective way for staff to
buy hardware, safety equipment. and maintenance related items. In addition. other
departments including Parks and Recreation, Utilities and Transportation could also benefit from
this added resource.
FISCAL IMPACT: Facilities Management hardware expenses are in excess $300,000 annually
for hardware related items. Funds are budgeted in the department's operating cost centers.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with
this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approve the recommendation
to purchase commodities via the School Board of Miami Dade County Industrial Equipment and
Supplies Discount Bid (051-DD9) over the twenty-five thousand dollar threshold for the
purchase of hardware and related items for maintenance, operations and repair. not to exceed
County Department's operations budgets.
PREPARED BY: Daniel R. Rodriguez, Facilities Manager, MBA, CFM,aDepartment of Facilities Management
.".........
.lI.genda lI'!Im No_ ~ GEL
/'.pI'il2i3,200:;
Pngt!:~ 0115
COLLIER COUNTY
F.lOARD QF C:ClJtlTY ÇOMMltiSIONERS
It.m Number
IternSumm..ry
HIE~
ReCC""\14ndaIiDf' ta iJpplCVr: uu'1;j" o! the S"ho¡:¡! ß,:¡:srd 0' Miarnl-Di&·'I Count,/, r>du~lrii&j
E-:;uipU1"'" "nd Sl.Ippoiul'4 Dia::our.! Ei,¡t (051·D';)B.i o,·"rl~." lv.-'cr'llif,fivr: InO\,l'iand dollar
tnu'!'l'1o;,: fer 1he aurdllj ~t':: 01 hlrdw~r2 .,\c r"I~I('d =Ir-m¡ 101 rr,01jr:tf,I'1.l)o:..~. nr:I!~ ',Jlior,~ and
MeetingOate
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4.'711(105 HL1~:U AM
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Approved By
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4Ie!:l'J¡J!)9:41AA1
Approved By
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Approved By
alAe. CONd!naIN
Adminl~ ...:!tiv", ÄU;$!¡III
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4!11:2'()OS:2:S-:PM
Apprum By
fAI..h;¡ < 'tSm:r\lt>W'l:k;
i'YI»"IJ¡ M"..n!& a'Jti!J'ftIDunr.1<.>r
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411~'20~S ~ ~.!í-' riM
Appn",,,,d 1Jy
JOIm....\.:Mudl'i
C"'If'tyM"'''OI<:!'I't
9o.ord "I County
C,.'mw¡..~ir,"",r.
Cr,'-'I'1¡\lM...n"'J",r'"orf¡r;~
41141100f.7:19 PM
.....---
Agenda Item No. 16E2
April 26, 2005
Page 3 of 15
Office of Superintendent of Schools
Board Meeting of July 14, 2004
June 30, 2004
Financial Affairs
Edward Marquez, Chief Financ!al Officer
SUBJECT: BALANCE AWARD BID NO. 051·D009 -INDUSTRIAL EQUIPMENT
AND SUPPLIES CATALOG D1SCOUNT 810
COMMITTEE: BUSINESS AND FINANCIAL SERVICES
T.he purpose of this bid, opened on February 26, 2004, is to establish a contract,
to .purchase, at firm percentage discounts, quantities, as may be required, of
Maintenance, Repair and Operating (MRO) industrial equipment and supplies, for
stock and non-stock items, tor Maintenance Operations. This is a term bid which
states that the Board may purchase quantities, as may be required, at firm
percentage discounts, but is not obligated to purchase any guaranteed amount.
Of 513 vendors sent bid forms or card notices of this advertised bid, 49 responded,
with 43 regular bids, 2 bids not meeting specifications and 4 no bids.
At the Board meeting of May 19, 2004, forty-two (42) vendors were awarded a
contract, which consisted of focal, regional and nationalfy established industry
leaders as well as minority vendors and small businesses I which provjde
Maintenance, Repair and Operating (MRO) Items. The awards enable Procurement
to efficiently and economically secure District requirements, at competitive prices,
and to leverage the District's purchasing power with manufacturers on volume
commod1ties.
Fund Source
01 00 . General
MIWBE Elì9ìbilitv
None
RECOMMENDED:
That The Schoor Board of Miami·Dade County, Florida,
BALANCE AWARD Bid No. 051-D009 rNDUSTRIAL
eQUIPMENT AND SUPPEJES CAT ALOGtHSC.OUNT81D', . to
purchase, at firm peroentege diSCGunt$¡.QUantiìiè1$t.. 89. m~y. bfî
required, of MaintenlJl'tce~ RepaJr~nd Op.erZlt1ng {MRO) ¡nduswat
equipment end suppf\e~, 10r StelC". and nOrJ-stóCk Ite:m$, fOr
Maintét1ance Operatiom;., durfog thø t&rm of the bid. elr~:tìv"
July 14,2004, through May 18, 2006, as follows:
Page 1 of 2
G-64
""""-,,,<--.,",,-,,,~,,~,,,,,- --.
Agenda Item No. 16E2
April 26, 2005
Page 4 of 15
a. Building/Construction supplies and equipment.
b. Carpet and carpet supplies (for stock).
<;. Caulking.
d. Ceiling tile and supptles.
e. Door hardware supp1ies.
1. Electrical supplie8 and equipment.
g. Electronic: supplies and equipment.
h. Floor tiles and supplies (for steck).
J. General purpose batteries.
j. Glass.
k. Glazing sheets.
I. Ladders.
m. Material handling supplies and equipment.
fl.. Plastic laminates (mTca).
c. Plumbing supplies and equipment.
p. Privacy lattice.
q~ Roof siding.
r. Roofing supplies.
s. Safety products.
t. Signage (non-marquee signs},
u. Steel and metal products.
V. Welding gases, equipment and supplies.
w, Wood paneling.
,. ACE LOCK AND SeCURITY SUPPL v
565 RAHWA Y AVENUE
UNtON, NJ 070BS-6631
OWNER: AVA CHERKES
I~em 1 - Industrial equipment and supplies catalog
discount @ 10%.
EMllja
Page 2 of 2
Agenda Item No. 16E2
April 26, 2005
Page 5 of 15
Office of Superintendent of SChoo's
Board Meeting of May 19 ~ 2004
Fi 1¡àm,~¡.aJ AJfaks
fdwðtd MarqU:èZ. Chief Financiil~Offic.et
May 5, 2004
StlDJECT:
PARTIAlAW'ARD~fD NO. 051..DOO9.... JNOOST.ßfAl £QUIPMErfr
ANO SUPPUES CATAlOGtuCOUNTi'D
COMMITTEE: 8USJJ\ŒSS ANJ)ANANCIAL SEH".OES
Th1t Þ~seo' this bid, opernmon Febwa:'/"y 26, .2004. is to (!stáblfsn I! c:'Ont1'iiÇ:t,
tn purroa~ej ~tfNm Perotmtag8 dfsQoUnts, quantltJea, as may. be requl~, of
Malmenance, fl.epair . and. Operøtfng (MAO} ~cfust..l.Slequ¡pm~nt tind $upplh!s,' f( 'r
sttX;!cantf JÌon~5tadt itiJms. fo: Maintenance Oper.atrons.. Thl$ 1$ ð term bid which
St8t~~ thaI the. l3öard miry PU!I"cf'laæ quantltièS, .as may hI; reqùlred, affirm
pe~n~ mocounts. but is ootob:fìgeted to IlW'(;hø'S8 J!Jnv gUi!r4n~ed amoont. Of
the 513 Vef'ldOt5 sent bid forms or CBtd n0t10e8 of this adv:ertiséd bfd, 49
,ð5PQnded, with 43 regular bid$, :2 bId5 notftu1!otwng $~nc8t~on:s .end 4 n'Gbtds.
Areoorrrmend.ø:do:n f.of Ace I.ockand Securi'tYSìJPÞ~YJ of. Un:lont NeWi Jersey, ¡it
being .ht91dJ for furthettJvalulitfon and wt/I be preseqted lit a futor., Botltd ml'$tfng.
1fI.è vendo1$' recommended for Ðward :8re Joc~d. t~g'Jonaf and natlonaUv established
h1dust:ry Ie,aders, ðS well as Minodty vendors .nd smsU bus;ineUé$~ which provide
Ma;ntennrìcejRepatrand Opotatrng (MRO items. The award ðnébfes' ProcurfJ'n'l(tnt
to effic¡entlY8ndecêlt'to~¡cafl)" sl:1c1..'eOìstr¡ctreqÌlI~el'11ent'S, at tto.np~d(¡vePflces,
and tQ lell'er&Qe thed1~m¡C'tl:s:purohEt$ìng power with manufacturcrs on wlume
i::Of1111'1t)(flth"'$. .
Fund Source
0100 - General
MIWBE EliQlbilitv
Female· No Dollar Amount
Hispanic Female . No Dollar Amount
Hispanic Mare ~ No Dollar Amount
Pa~e 1 of 11
G-69
- .
Agenda Item No. 16E2
April 26, 2005
Page 6 of 15
RECOMMENDED: That The School Board of Miami-Dad, County, Aorida,PARTfAl
AWARD Bid No. 061-D009 - INDUSTRIAL EQUIPMENT AND
SUPPLIES CAT Al.OG DISCOUNT BID, to purchase. at firm
percentage discounts, qU8ntities. as may be required, of
Maintenance. Repair and Operating (MRO) industrial
equipment and supplies, for stock Bnd non-stock items for
Maintenance Operations, ~uring th~ term of the bid, effective
May 19, 2004, through May 18, 2006, as follows:
a. Building/Construction supplies and equipment.
b. Carpet sndcarpet supplfes (for stock).
c. Caulking.
d. Ceiling tile and supplies.
e. Door hardware supplies.
f. Electrical supplies and equipment.
g. Electronic suppUes and equipment.
h. Floor tiles and suppl1es (for stock).
i. General purpOse batteries,
j. Glass.
k. G1azing sheets.
I. Ladders.
m. Materfðl· handling supplies and equipment.
n. Plastic Jamfnate$ (mtca~.
o. Plumbing supplies and equipment.
p. Privacy lattice,
q. Roof s1ding.
r. Roof1ng suppties.
s. Safety prQducts.
t. Signage (non-marquee signs).
u. Steel and metal products.
v. Welding gases, equipment and supplies.
w. Wood paneling.
1.
A & B HARDWARE, INC.
2851 N.W. 27 AVENUE
MIAMI, FL 33142
OWNER: MARIA B. LLERENA. PRESfDENT
(HM)
Item 1 - Industria1 equipment and supplies cetalog
discount @ 10%.
Page 2 of 11
_._._h......_'""_...."....,
"_.~----
2. ACCREDITED. LOCK $UPPL Y COMPANY
1161 PATERSON PLANK ROAD
SECAUCUS, NJ 07094-2715
OWNER: RON WEAVER, PRESIDENT
Item 1 - Indu;strtal equipment and supplies catalog
discount @ 61 % .
3. ADAMS ELECTRICAL SERVICE, 'Ne.
242 S.W. 5 STREET
MIAMI, FL 33015
OWNER: MAftGERET ADAMS, C.E.a.
Item 1 - Industrial equipment and supplies catalog
discount @ 1 %.
4.
AFP INDUSTRIES, INC.
7436 S.W. 48 STREET
MIAM , FL 33155
OWNER: VJVIAN CASTELLANOS, PRESIDENT
Item 1 - Industrial equipment and supplies c8tsfog
discount @ 12%.
5. ALL RACK & SHELVING, INC.
10930 S.W. 129 STREET
MIAMI, FL 33176
OWNER: RON ROSSITER, PRESIDENT
Item 1- Industrial equipment and supplies catalog
discount @ 10%.
6. ALRO INDUSTRIAL SUPPLY
12490 49 STREET NORTH
CLEARWATER, Fl33162
OWNER: A~ GLICK, CHAIRMAN/C.E.a.
Item 1 - Industrial equipment and supplies catalog
discount @ 7 %.
Page 3 of 11
Agenda !tem No. 16E2
April 26, 2005
Page 7 of 15
CHFJ
""",___"",,"_~,","'-_'A'-~'~'_'~"'~" -,-,
Agenda Item No. 16E2
April 26, 2005
Page 8 of 15
1. ARMCHEM (NTERNA TIONAL CORPORA TJON
3563 N.W. 63 COURT
FORT LAUDERDALE, FL 33309
OWNER: ANDREW BRAHMS, PRESIDENT
Item 1 . Industrial equipment and supplies catalog
discount @ 10%.
8. B & R ELECTRONICS SUPPLy, INC.
8786 S.W. 129 STREET
MIAMI, fL 33176
OWNER: JOHN W. BENNETT, PRESIDENT
Item 1 - Industrial equipment and supplies catalog
discount @ 6%.
9, BESTWAY INDUSTRIAL SUPPLY, 1NC.
3213 ANDERSON ROAD
ORLANDO, Fl 32806
OWNER: WAYNE R. SMITH, PRESIDENT
Item 1 . Industrial equjpment and suppHes catalog
discount @ 10%.
10. SrSCAYNE ELECTRIC & HARDWARE DISTRIBUTORS, INC.
1140 N.W, 159 DRIVE
MIAMI, FL ~3169
oWNER: VICKJSPELTON, C.E.O.
Item 1 . Industrial equipment and supplies catalog
discount @ 40%.
11. CONDO ELECTRIC INDUSTRIAL SUPPLY, INC.
3746 EAST 10 COURT
HJA.LEAH, FL 33013
OWNER: JOSE G. ESPINOLA, PRESIDENT
Item 1 - Industrial equipment and supplies catalog
discount @ 15 %.
Page 4 of 11
""NU~"_,"_'_-'''.-'-''_V"'__,_'''__' -
---.-"-----
12. DEWITT TOOL COMPANY; INC.
6550 N.W. 72 AVENUE:
MIAMI, FL 33166
OWNER: MARC BARNETT
Item 1 . IndustríaJ equipment and sup pries catalog
discount @ 70%.
13. DOUGLAS EQUIPMENT COMPANY
7124 N.W 72 AVENUE
MIAMI, FL 33166
OWNER: DANTE FONDA, PRESIDENT
Item 1 - Industriaf equipment and supplies catalog
discount @ 10%.
14. EMERGENCY GUIDANCE SYSTEMS, ENC.
50060 RED RUN
MARCELLUS, MI 49067
OWNER: NANCY BRIGNALL, C.E.O.
Item 1 - Industrial equipment and supplies catalog
discount @ 50%:
15. FASTENAL COMPANY
4728 N.W. 167 STREET
MIAMI, FL 33014
OWNER: BOB KIERLlN, CHAIRMAN OF THE BOARD
Item 1 - Industrial equipment and supplies catalog
discount @ 15%.
'16. FLORIDA BEARINGS, INC.
3164 NORTH MIAMI AVENUE
MIAMI, FL 33127
OWNER: PATTI MARCHETTI, SECRETARY
Item 1 - Industrial equipment and supplies catalog
discoùnt @ 50%:
Page 5 of 11
Agenda Item No. 16E2
April 26, 2005
Page 9 of 15
Agenda Item No. 16E2
April 26, 2005
Page10of15
17. GLOB.AL tNDUSTRIAL PRODUCT~
13170 N.W. 43 AVENUE
OPA-LOCKA, FL 330t54 . ,
OWNER: MARIO e. HERNANDEZ, PRESIDENT
Item 1 - Industria' equipment and supplies cåt810g
discount @ 50%.
18. GRAINGER INDUSTRIAL SUPPLY
2256 N.W. 89 PLACE
MIAMI, FL 33172
OWNER: RICHARD KEYSER, PRESIDENT/C.E.O.
Item 1 - Industriaf equipment and supplies catalog
discount @ 10%.
19. GRAYBAR ELECTRIC
2111 N.W. 22 AVENUE
MIAMI, FL 33142
OWNER: ROBERT A. REYNOLDS, JR.
CHAI RMANIPRESIDENT IC.E.O.
Item 1 - Industrial equipment and supplies catalog
discount @ 15%.
20. INTERUNE BRANDS, INC.
D.B.A. SEXAUER
531 CENTRAL PARK AVENUE
SCARSDALE, NY 10583
OWNER: FRED BRAVO, VICE PRESIDENT
Item 1 - Industrial equipment and supþ1ies catalog
discount @ 25%.
21, ITW, INC.
D.B.A. AAA TOOL AND SUP?L Y
4632 NORTH POWEALlNE ROAD
POMPANO, FL' 33073
OWNER. MOE BERGER, PRESIDENT
Item 1 - Industrlal equipment and suþplies catalog
discount @ 1 %.
PBg6 6 of 1 1
--
22. J(:LD-WEN, INC.
O.B.A, PAXTONIPATTERSON
5719 WEST 65 STREET
CHICAGO, IL 60638
OWNER: R. L WENDT, CHAIRMAN
Item 1 .. Industrial equipment and supplies catalog
discount @ 10%.
23. JFC DISTRIBUTORS, LtC
216 AL8RIGHTON COURT
lONGWQOD, FL 32779
OWNER: CARL E. FlElÐER
'tern 1 .. Industrial equipment and suppries catalog
discount @ 10%.
24. KLlNGSPOR ABRASIVES
2555 TATE BOULEVARD S.E.
HICKORY, NC 28603-2367
OWNER: CHRJSTOPH KUNGSPOR, PRESIDENT
Item 1 - Jndustrial equipment and supplies catalog
discount @ 37-112%.
25. LEHMAN PIPE AND PLUMBING SUPPLY
230 N.W. 29 STREET
MIAMI, Fl33127
OWNER: DENNIS J. LEHMAN, PRESIDENT
Item 1 - Industrial equipment and supplies catalog
discount @ 1 B%.
26. MCKINSEY STEEL AND SUPPLY OF FLORIDA, INC.
817 N.W. 5 AVENUE
FORT LAUDERDALE, FL 33311
OWNER: WARREN THOMAS, PRESIDENT
Item 1 .. IndustriaJ equipment and supplies catalog
, discount @ 20%.
Page 7 of 11
Agenda Item No. 16E2
April 26, 2005
Page 11 of 15
,,,~<.,,,,,,,,,_,,~"NM,,,,,,,','.r,_____""'C'_'"'NW''''''~''~''~_~'h~''''","'''''''
Agenda Item No. 16E2
April 26, 2005
Page 12 of 15
27. MEDLEY STEEL AND SUPPLY. INC.
9925 N.W. 116 ,WAY
MEDLEY, FL 33178
OWNER: ORLANDO A. GOMEZ, PRESIDENT
Item 1 . tndustrialequ1pment and supplies catalog
discount @ 1/2%.
28. METER-TREATER, INC.
1 349 SOUTH KILUAN DRIVE
LAKE PARK, FL 33403
OWNER: STANLEY F. ALUNA, JR.
Item 1 - Industrial equipment and supplies catalog
discount @ 20 %.
29. MIAMI BEARING SERVICE, INC.
3701 N.W. 32 AVENUE
MIAMI, FL 3314,2
OWNER: PATTI MARCHETI1, CORPORATE SECRETARY
Item 1 w Industrial equipment and supplies catalog
discount @ 60%.
30. MIAMI BREAKER, INC.
7060 N.W. 52 STREET
MIAMI, FL331 66
OWNER: FEDERICO ANSELMETTI, PRESIDENT (HM)
tt.m 1 .. .ndU'$U¡~lequlpm.n.&nidsupplies catalog
db¡CdWit@5'%.
31. MIDWEST SHOPSUPPUes~INC.
D,S.A, NlIDWEaT TEOHNOLOGY
2600SRIDGEPOIìT øRIVe
SI()UX'CfTY~ JA 511ì 1 .
OWNeR: UNDA·A. fLOM. C.Ea~
(WFJ
IllJO'11 -fndlþitt1a' eq~lpmem ø.nd suppUes catalog
discount@' 10%.
Page 8 Qf 11
n<e<'",-'-"
Agenda Item No. 16E2
April 26, 2005
Page 13 of 15
32. MSC INDUSTRIAL SUPPLY COMPANY
2810 N.W. 79 AVENUE
MIAMI, FL 33122
OWNER: MITCHELL JACOBSON, CHAIRMAN/e.E.O.
Item 1 . Industrial equipment and supplies catalog
discount @ 16%.
33. OFFICE EXPRESS SUPPLY, INC.
8006 WEST 20 AVENUE
HIALEAH, FL 33014
OWNER: lIBIA FUENTES, DIRECTOR
(HMJ
Item 1 ~ Indu~rial equìpment and supplies catalog
discount @ 15%.
34. PRO GROUP, INC.
D.B.A. ADAPTO STORAGE PRODUCTS
626 EAST 1 0 AVENUE
HIALEAH, FL 33010
OWNER: R08ERT AMMERMAN, PRESIDENT
It ern 1 - Industrial equipment and supplies catalog
discount @ 35 %.
35. PROFESSrONAL SIGNS, INC.
6460 S.W. 35 STREET
MrAMI, FL 33155
OWNER: SERGIO S. SERTOT, PRESmENT
Itam 1 . fndustr;al equipment and suppli~$ catalog
discount @ 15%.
36. REXEUCONSOUDA TED ElECTRIC SUPPLY
5701 N.W. 35 AVENUE
MIAMI, FL 33142
OWNER: RICHARD S. WATERMAN, VICE PRESIDENT
Item 1 - Industñal equipment and supplies catalog
discoum@ 26%.
Page 9 of 11
Agenda Item No. 16E2
April 26, 2005
Page 14 of 15
37. AONNle·S ACE HARDWARE, INC.
13718 S.W. 152 STREET
MIAMI, FL 33177
OWNER: RON BEAMAN
Item 1 .;. Industrial equipment and supplies catalog
discount @ 10%.
38. SOUTHERN LOCK AND SUPPLY COMPANY
10910 ENDEAVORWAY
LARGO. FL 33777
OWNER: MARVIN CUTSON
Item 1 .. Industrial equipment and supplies cata10g
discount @ 50%.
39. SPECIALTY PRODUCTS AND INSULATION COMPANY
1711 N.W. 33 STREET
POMPANO BEACH, FL 33064
OWNER: RON KING, PRESIDENT
Item 1 - Industrial equipment and supplies catalog
discount @ 1 %.
40. SUPER BRITE SCREW CORPORATION
7265 WEST 19 COURT
HIALEAH, Fl 33014
OWNER: FELIX INFIEST AI PRESIDENT
Jtem 1 - Industrial equipment and suppt¡es catalog
discount @ 75%.
41. THE GALA GAS COMPANY
D.B.A. ISOGAS
310 N.W. 24 STREET
MIAMI, Fl 33127
OWNER: ROBERT D. LEAMAN, PRES1DENT
Item 1 - Industrial equipment and supplies catalog
discount @ 1 %,
Page 10 of 11
:~
l' .,. -"'-,_.~,.-
42, WJLSONART 'NTeRfí4AilO~ INC.
1331 N.W. ~82AVENUE
M(AMJ~ FL 33126
QWNER~ WILLIAM R~. REES¡ PRESlDENT
Item 1 . ÎrtilJustrhdequipmMtaM $'upp4Je$~&tâJQg
drElc()unt @ ~ 55%.
Agenda Item No. 16E2
April 26, 2005
Page 15 of 15
43. Authodz1! Prb.( uremMt M~Sø'mentServl(:es tel p,~
up to thetota'Ntimated amOOrttt:!f $GrCOO.OOO.
EMlJja
Page 11 of 11
Agenda Item No. 16E3
April 26, 2005
Page 1 of 2
EXECUTIVE SUMMARY
Recommendation to award RFP 05-3761, SAP Consulting Services
(Estimated Annual Cost $150,000).
OBJECTIVE: To award a contract for SAP Consulting Services to support the
agency's current SAP software deployment.
CONSIDERATIONS: The agency has a need for outside consultant services to
support our deployment of SAP software.
On November 18, 2004, a notice of a Request for Proposals was posted in the
lobby of the Purchasing Department and distributed to 61 firms. Proposals were
due on December 17, 2004, with 9 firms submitting proposals.
A Selection Committee meeting was held on March 2, 2005, and after review,
scoring and discussion of proposals, by consensus of the members, Rapidigm
and TUI Consulting were considered to be well qualified to provide these
services.
_.
The selection committee is recommending the award to the two highest ranked
firms.
FISCAL IMPACT: The SAP Consulting Services is estimated to be $150,000
annually. Funds for these projects are budgeted in the County-wide capital
improvements fund and in the various operating department's budgets.
GROWTH MANAGEMENT IMPACT: There is no impact on the Growth
Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve the
award RFP 05-3761 for SAP Consulting Services to both Rapidigm, Inc., and TUI
Consulting, Inc. and authorize the chairman to sign the County Attorney
approved agreements.
PREPARED BY: Barry Axelrod, IT Director
,.....
Ag".,tja l1t:rntSQ HìE3
i\r....¡1 ;¿ß, ;l()( 5
PI~! f, 2012
COLLIER COUNTY
BOARD OF COlHH,' COMMI~S!ONERS;
Ihlm Numblr
It.m Summlry
''::''''
MI.Un", Dati
R!'\~;~"I"I!ini!~li<"tII.C .......Id !iFf" rÆ'·Y16' SAP G{ nllultll'~ 5!'\r'~','t1" (f.l>tJ"1i\tljr! MNio\i
(:ot,t $'5') OOGì
4'~5.'2C()59:[!al:J!;¡""'M
Pnpand By
a;l!TyA~~'rc-d
''''crmabt'rll<idl11",lo~\,C\rl!ttor
.:~¡;¡o;,)51':6ii:Q4j AM
....;m;nidl..t;vI!S",..;CI!I.
foiorml<tionl.,.o:h""'oøV
A.ppruv..d By
6.\fI·\'AH' (l.....¡
!"f<!"m~t,(J" T <><.h""IuU~ Oll"'-!'"
Adm!l1'stratõ"I!;SI!,-..,œ~
Inlc," Tu,twnr(..:h""lo¡;lf
.t1117tiUó!1:;,;.ttIM
Apl'ruYed By
!;.çn!\ ,¡n!"_~"'''
f'UfGh"~;"1] -'11"'\!
Adr",h"~\'./I' "r S..,'.!,r;...
P."'Gh:ll·""9
'¡J1;..¢:lS :>~C1 PM
Appro'"ttl By
Purth,UInj¡I(¡l>l"Ie'õI¡SV.:¡¡!.)lr"tI01
t,"¡m;"i~!'a{l\lI!Sol"'"""".~
~lUd\ J~ll1q
4i¡J¡2C()S11:47;'M
Approytd By
l~j'I O~,¡(1f!" f>rit"_",
A"~,hH"",""i".. Sfl1",i'"..,~ ~_rJmi"'~trJ"t,)¡
t..d~\¡r'¡-"\'õlll·~'" SIOr¡ic,,",
A;lmi"I£!I·,)lilleS...rVi':<."$Äú,,,m
"rjl:2ø()U;:¡;!o9f'M
AppruYI!d II)'
QMB Gu<)rdi.....I(If
A,tmj"i~rr~t II..II,~~,d..""
Q~I...
(;;ol,j'llyMifrc-\l.I1,,¡'$ crr,,·..
OfficI' I,f M¥I">i<Y""'ff"l & Bwt>l('f
4!1211GQS 1:S~PM
Appral'l'd B)'
M¡d'....i!>r'.- ilm·ml<i
M"t;;'l1e"'f!~1 Is. BUt'\lII>¡ Dt'"c:fcn
C'.'_'IH~ M~"..O""'~ I,Hi",,,,
!)ffic..(' IM""It\J"'m""1/1.flud'. ~1
4¡1"¡20~1i n.5~ PM
Approud By
J:¡:m",3\' Mud!f
COUfityM';U¡3Ç 1'f
f .~"'''J "/<:,,\,,,Iy
(;r)"nlyM"Inll\l",r'"Offrr:~
".'14."lM!'\7:1'PM
Agenda Item No. 16E4
April 26, 2005
Page 1 of 6
-
EXECUTIVE SUMMARY .
Recommendation to reject the award to Fort Bend of 25 % sodium hydroxide on Bid #04-
3706 - "Chemicals for Utilities", and award to Allied Universal Corporation in the
estimated annual corrected amount of $94,050.00 an additional 534,200.00.
OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the Governing Board of
the County Water/Sewer District, correct the award of 25 % sodium hydroxide to Fort Bend on
Bid #04-3706 - "Chemicals for Utilities" and award to Allied Universal Corrporation in order for
the County to continue chemical treatment of wastewater.
CONSIDERATION:
1. The BCC originally awarded the bid for 25 % sodium hydroxide to Fort Bend on
January 11,2005.
2. An error was made in the bid tabulation due to the confusing proposal by Fort Bend
which appeared to bid $.63 per gallon for 25 % sodium hydroxide, when in fact Fort
Bend had ''no bid" the product. Fort Bend's ''no bid" for 25 % sodium hydroxide had
been crossed through. This is the only item that was awarded to Fort Bend. It was one
of 13 items that was approved and awarded to 9 vendors. After this correction it will
be 13 items awarded to eight (8) vendors.
--
3. Fort Bend does not carry 25 % sodium hydroxide and the low bid for that product
was offered by Allied Universal Corporation at a cost of $.99 per gallon. A revised
bid tabulation is attached.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
FISCAL IMP ACT: The fiscal impact of awarding this bid is an additional amount of
$34,200.00 for a total amount of$I,022,007.73. Funds are budgeted and approved in the Collier
County Water/Sewer District North and South Water Treatment Plants, North and South
Wastewater Reclamation Facilities, and Pelican Bay Wastewater Treatment plant budgets. The
estimated fiscal impact represented in the following recommendation is based on estimated
quantities listed in the bid infonnation. These are only estimates used for bidding purposes and
shall not be interpreted as the Board's authorized expenditure limits.
RECOMMENDATION: That the Board of County Commissioners, Ex-Officio, the Governing
Board of the County Water Sewer District, award 25 % sodium hydroxide in Bid #04-3706 to
Allied Universal Corporation.
Submitted by: John P Curran, Purchasing Agent
-
Agenda Item No. 16E4
April 26, 2005
Page 2of6
EXHIBIT A
CHEMICAL VENDOR UNIT COST PER UNIT FISCAL
IMP ACT
Sodium Brentag Mid- $21.00 50 lb. Bag $50,400.00
Fluorosilicate South
Potassium Carns Chemical $456.44 330 lb. Drum $114,110.00
Pennanganate
Anhydrous Brentag Mid- $104.93 150 lb. $524.65
Ammonia South Cylinder
Anhydrous Tanner $590.00 Ton $27,140.00
Ammonia Industries
Chlorine Allied $55.50 150 lb. $277.50
Universal Cylinder
Chlorine Allied $434.00 Ton $225,680.00
Universal
50% Sodium Allied $458.85 Ton $75,231.00
Hydroxide Universal
Membrane American $.53 Pound $53,000.00
Scale Inhibitor Water
Chemicals
25% Sodium Allied .99 Gallon $94,050.00
Hydroxide Universal
Calcium Harcross $84.24 100 lb. $29,905.20
Hypochlorite Chemical Container
Calcium Harcross $48.50 50 lb. Container $485.00
Hypochlorite Chemical
Dewatering Nalco $1,643.125 Pallet $4,929.38
Polymer Company
Quicklime Chemical Lime $141.00 Ton $346,275.00
TOTAL $1,022,007.73
b.gMrld H~m ~k. ~ f>E4
AtlY'! 26, 200:)
~',.¡¡.: :101 [,
COLLIER COUNTY
ROARD OF COUtny <:'Or.lMlf,S.10NERS,
ttem Numb.r
lIem SummaI')!
Re-,:.-:<mf"',e-nø;J1iQr, t::> 'e e-,:.' t....C ;sWilrd 1<:: "crt 8cnd o! :'5',~ ~od;u"" h,d'N;de C~ ¡'ic' ().<I.
:¡7ù€·"Ch'·m'c,tlr fcrJt,ll1u~$" in the e-...ti~l~d ¡¡"nu¡,i 3f11C:lrn of $5~650,O() ¡ nu awald
corn:r,I<.!d <;nn¡¡;¡1 f;~I'",a1~ of S.~_C5l).CG 1<:: Allied Unr,'cr-!;i11 COI~:,.,ltion
Meeting D.te
'¡;¡>(;':<OCSYO::'GOt,M
Apprond By
1;4;..",;.;..,,1"
A"c":~¡II<"" M''''''!1<'!.
A<Jrn."i"HO\tJ~" s".·..Ìl'_"..
?\J,,-,hO\~"'!i
J·Z4'2D05ta.11 AM
Approved BJ
J;lckF'_Cm';sf\
P"rd',u;n'ii Ageo\
0.,.
¡I,.<iIT:,.Ü1ltl"b.'~ ......·;n....
P'....:I"a'r"~
JI~9,l{l~S 10.5'1:;I,M
AppmvedB,·
l'\Jnh""¡"9;C>""N:1i.s"ç..t:!if~o'
0..1>::
"'''mir''"tr~Ii,''' ~"'·..¡ce..
¡""t-lh'S'f19
J!2!1':l!lot.1:hIPt~
Approved By
LI''' Gr,I<i.", PH""
".<i,,,,¡,i"¡ul,,,··, S.r'v'",,~ AJm¡'''~lr''l<.Ir
Ad t;'I',<;ulI';V., ¡;~,,,,.:~~
Arl'n",í~I.~1t..." 51'''';''''_'" o\d....".,
-'I!112"'{ ~¡¡:62AM
Appro\'ed By
OM ¡ (.a"'~J!'1.1I¡;.>
Adn"nI~·\r;Hive An,r;l~"t
D...
CO'¡"!VM"tu.q"'·'"Oifir."
O( .r.~ (,I M~"a!J<'! """1 i 1!I",jQ~1
Approved B"
MIL>'."; S"'''~'''H'SW:
M"""'I'!!m.."tli. f;!wcq.:t:)¡r1>cIOr
r;o¡.¡n~y ~''''alle''~ (W,e..
():f¡~"ë,f 1'.1"""91'1<'<""1 fI. S:!.U¡jr,I'1
'¡!5J1~"f,Il;S' AM
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EXECUTIVE SUMMARY
Agenda Item No. 16E5
April 26, 2005
Page 1 of 2
Recommendation to award RFP No. 05-3799 for Process Mapping/Analysis Services in
the amount of $225,000.00
OBJECTIVE: To have the Board award -RFP 05-3799 Process Mapping/Analysis Service to
PBS&J, Barry, Dunn, McNeil & Parker and Process Works, Inc.
CONSIDERATIONS: Board departments have a continuing need for Process
Mapping/Analysis Service to identify, document, optimize and potentially automate work
processes. The award of this RFP will allow these departments to call upon Process
Mapping/Analysis contractors on demand without the need for additional quotations or bids.
Services will be provided based on costs specified in the selected vendor's RFP response.
On February 8, 2005, a notice of a Request for Proposals was posted in the lobby of the
Purchasing Department and distributed to 41 firms. Proposals were due on March 18, 2005,
with 4 firms submitting proposals.
A Selection Committee meeting was held on April 7, 2005 three (3) firms are being
recommended by the Selection Committee PBS&J, Barry, Dunn, McNeil & Parker and
Process Works, Inc.
FISCAL IMPACT: Funds for these projects are provided in the Information Technology
Department operating budget as well as in each of the user departments operating and I or
capital budgets.
_.
GROWTH MANAGEMENT IMPACT: None.
STAFF RECOMMENDATION: That the Board award RFP 05-3799 Process
Mapping/Analysis Service to PBS&J, Barry, Dunn, McNeil & Parker and Process Works, Inc.
for Process Mapping/Analysis Services and authorize the Chairman to execute a contract
after approval by the County Attorney's Office.
PREPARED BY: Adam Shaver
Information Technology Department
Date: 04/12/2005
.-
_A.gf'n<:la Il~:m NO'.; 16ES
Ar.oriI26,200:1
Pa¡¡t' 2:1)1..
COLLIER COUNTY
!3QARO oF" ';CUNTY COMM!SS!ONf.RS
11em Numb.,
Item Summ.ry
1051:.5
RM,lInIIYlfI'\l111!.ilU" t" .¡waln P¡:"P N( O!.-3799 tN ¡>1l1,~,,!;too I;!dp\~:rrg,'Ana:Yl\,j:ii B¡¡ ..i~t'iolò;" !,,'"
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Agenda Item No. 16E6
April 26,2005
Page 1 of 29
EXECUTIVE SUMMARY
Recommendation to approve submittal of a Hazard Mitigation Grant to the Federal
Emergency Management Agency, Department of Homeland Security for Retrofit of
Collier County Health Department Building H in an amount not to exceed 5350,000
OBJECTIVE: To receive approval to submit a Hazard Mitigation Grant to the Federal
Emergency Management Agency, Department of Homeland Security for Retrofit of
Col1ier County Health Department Bui1ding H in an amount not to exceed $350,000.
CONSIDERATIONS: The Collier County Health Department initiated this project
immediately after the 2004 Hurricane Season. Initially, the Health Department was
interested in hardening their portion of Building H to protect patient records,
phannaceuticals and equipment during stonns and other natural disasters. Upon
discussing the project with representatives of the Federal Emergency Management
Agency, it was recommended that funding would only be possible if Collier County
would agree to a project that would encompass the entire structure. Several other
departments within Building H have critical resources that need protection as well.
Those include client records, equipment, supplies and materials in Emergency Medical
Services, client records in Human Services, laboratory equipment in Pollution Control
and computers, printers and plotters in the Infonnation Technology Department.
The proposed project will protect and reinforce all windows in Building H. Although the
project was initiated by the Health Department, the structure is a county owned facility
and the grant needs to be submitted by Collier County.
This grant program is the direct result of the Presidential Disaster Declarations related to
Hunicanes Charley, Frances, Ivan and Jeanne. The purpose of the program is to assist
communities in the implementation of mitigation measures intended to reduce or
eliminate long-tenn risk to people and property from natural hazards and their effects.
Projects should address eligible mitigation activities designed to reduce a community's
overall risk to hazards. Applications to retrofit or modify existing public buildings and
facilities, or that result in public ownership or management of property and facilities,
must include an executed Maintenance Agreement. For the most part, FEMA expects
projects to be completed within 24 months after award, and certainly no longer than 48
months from the date of the declaration. All appropriate local, State, and federal penn its
and approvals must be received before a project is started.
The amount of funding available to Florida is based on 7.5% of the total federal disaster
assistance for each event. The total amount of funding available to Collier County has
not yet been detennined. Funding amounts continue to increase as the total disaster
assistance figures continue to go up. Also, some Florida counties that are allocated a
share of funding may not apply for funding, thereby making additional funds available
statewide.
....'"
FISCAL IMPACT: FEMA will contribute up to 75% of the total amount approved
under the grant award. The applicant must provide the remaining 25% in cash or in-kind
services. The HMGP application will request an amount not to exceed $262,500 and the
Agenda Item No. 16E6
April 26, 2005
Page 2 of 29
local match of 25% will not exceed $87,500. The State of Florida has provided 12.5%
match for project in the past, however, this will not be decided until the end of the state
legislative session and approval of the state budget.
With state funds in the amount of $130,000, the Health Department is already preparing
to complete renovations to the 1 st Floor Clinic and the Dental Office to provide more
efficient use of space and to better serve the public.
The cost of project management from the Facilities Management department and the cost
of engineering services related to developing the application cost estimates and budget
may be counted as "in kind services." The remaining match will be included in a budget
request for Fiscal Year 2006. If the budget amount is not approved, the grant award will
need to be returned.
GROWTH MANAGEMENT IMPACT: The Retrofit of Collier County Health
Department Building H is consistent with the goals and objectives of the Growth
Management Plan, the Emergency Management Plan and the Collier County Hazard
Mitigation PJan. The project is on the list of priorities for the Local Mitigation Strategy.
LEGAL CONSIDERATIONS: Following award of the grant, it is anticipated that
FEMA will forward a grant agreement for consideration by the Board of County
Commissioners. It may take up to 6 months or more for the final funding decision and for
an agreement to be forward to Collier County for approval.
The County Attorney's Office has reviewed the grant application.
RECOMMENDATION: That the Board of County Commissioners approve submittal
of a Hazard Mitigation Grant to the Federal Emergency Management Agency,
Department of Homeland Security for Retrofit of Collier County Health Department
Building H in an amount not to exceed $350,000 and authorize the Chairman to sign the
application, transmittal letter and the maintenance agreement and all associated grant
application documents.
PREPARED BY: Marlene Foord, Grant Coordinator, Administrative Services
Agendû II~ No. 1(iE£;
ADdl :i!è, 20Wi
PB~1n:i of :1f1
COLLIER COUNTY
BOA~P OF COUNTY ('OMMliiSIONEAS
tt.m Numb.,
ItllmSumm.ry
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4:....(\:200:', \lOt) 00 AM
Prep.red By
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Donna Fiala
District 1
Frank Halas
District 2
Tom Henmng
District 3
Fred W. Coyle
District 4
Jim Coletta
District 5
IDp . G:::/ œ-' (2:::.7 Agenda Item No. 1
:/ûoard 0,.(/ tPol4e~ {JJ~J(NbtU {JJfM7I/l'}'UJ6ÚYJ1R#6 Appril 26
;f' ó age
3301 East Tamiami Trail· Naples. Florida 34112 - 4977
(239) 774-8097· Fax (239) 774-3602
April 26, 2005
Mr. Leroy Thompson
FEMAlState of Florida Disaster Field Office
Mitigation Section
100 Sunport Lane
Orlando, Florida 32809
Dear Mr. Thompson
On behalf of Collier County, T am pleased to submit the enclosed grant application (one
original and three copies) to the Florida Department of Community Affairs, Division of
Emergency Management for the Hazard Mitigation Grant Program.
If the project if selected for funding, Collier County is committed to fulfilling all
commitments made in the grant application, including provision of the local match.
It would also be greatly appreciated if the costs we have incurred for hiring a professional
engineer to prepare the project scope and cost estimates could be approved as pre-award
costs for this grant. Please see budget for associated costs.
We look forward to working with you on this very important project for Collier County.
Sincerely,
Fred W. Coyle
Chairman
-t\pp:rf1V$d ~ to ¥ot:r:3 &r. :~øt:"a;~·~1,~~/~¡.\':'~·'~''";,1·;·
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STATE OF FLORIDA - JOINT HAZARD MITIGATION GRANT PRo&øii l~iI~~·.1~~~
FLOOD MITIGATION ASSISTANCE APPLICATION Page 5 of 29
THIS SECTION FOR STATE USE ONLY
FEMA- _-DR-FL
D Standard HMGP
D Standard FMA
D 5% Initiative Application
D Initial Submission or
D Application Complete
D Re- Submission
Support Documents
D Conforms wi State 409 Plan
D In Declared Area
D Statewide
Eligible Applicant
D State or Local Government
D Private Non-Protlt (Tax ID Received)
D Recognized Indian Tribe or Tribal Organization
Project Type(s)
D Wind
D Flood
D Other:
Reviewer Phone#:
Reviewer Fax#:
Reviewer E-Mail:
Date Application Received:
Community NFIP Status: (Check all that apply)
D Participating Community ID#:
D In Good Standing D Non-Partlclpatlng 0 CRS
State Application ID:
State Reviewer:
Signature:
Date:
This application is for all Federal Emergency Management Agency (FEMA Region IV) Hazard Mitigation Grant Program (HMGP) and
Flood Mitigation Assistance (FMA) proposals. Please complete ALL sections and provide the documents requested If you require
technical assistance with this application, please contact your State Emergency Management Division at (850) 922-5269.
A. To Fill Out This Application: Complete all sections, which correspond with the type of proposed project
General Applicfltion Sections: pp.1-5: All Applicants must complete these sections
Environmental Review: pp. 6-9: All Applicants must complete these sections
Maintenance Agreement: p. 10: Any Applications involving public property, public ownership, or management of property
Acquisition Worksheet: pp.II-13: Acquisition Projects only - one worksheet per structure
Elevation Worksheet: pp.14-18: Elevation Projects only -- one worksheet per structure
Drainage Worksheet: p. 19: Drainage Projects only
W'uul Retrofit Worksheet: pp. 20-22: Wind retrofit projects only (HMGP only) - one worksheet per structure
pp. 23-24: Wind retrofit/shelter projects only (HMGP only) -- one worksheet per structure
Attachment A: FEMA Fonn 90-49 (Request for Public Assistance): All Applicants must complete, if applicable.
Attachment B: HMGPIFMA Application Completeness Checklist: All applicants are recommended to complete
this checklist
B. Applicant Information
FEMA-1539-DR-FL DISASTER NAME: Hurricane Charley
Ex.. FEMA-J 539-DR-FL: HurricGne CIuU'Iev
Title I BrlefDescriptive Project Summary: Wind retrofit BuDdin£! H. Collier County Health De1Jartment
1. Applicant (Organization): Collier County
2. Applicant Type:
~ State or Local Government D Recognized Native American Tribe 0 Private Non-Profit
3. County: Collier
4. State Legislative District(s): 76- Dudlev Goodlette Congressional District(s): 14 - Connie Mack
5. Federal Tax LD. Number: 59-6000558
6. FIPS Code*: 012021 (*ifyour FIPS code is not known, please fill out FEMA Form 90-49 (Attachment A) so that the
Department may obtain a PIPS code for you)
7. National Flood Insurance Program (NFIP) Community Identification Number (this number can be obtained from the FIRM map
for your area): 120067
8. NFIP Community Rating System Class Number: 1.
9. NFIP Last Community Assistance Visit Date: Au£!ust 26. 2003 date of field verification
10. Attach proof of current Flood Insurance Policy (FMA only). Flood Insurance Policy Number: _
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STA TE OF FLORIDA - JOINT HAZARD MITIGATION GRANT PRObiti.¡ IJtn;\ ~~., 1~~~
FLOOD MITIGATION ASSISTANCE APPLICATION Page 6 of 29
II. Point of Contact
OMs. OMr. [:8JMrs. First Name: Maria Last Name: Bernaldo
Title: Preparedness Specialist
Street Address: 3301 E. Tamiami Tr.
City: Naples State: FL Zip Code: 34112
Telephone:2397748216 Fax: 2395305330
Email Address (ifavailable):Maria BernaldOOìldoh.state.o.us
12. Application Prepared by: OMs. I:8JMr. I:8JMrs. First Name: Maria Last: Bernaldo
Title: Preparedness SpeciaUst Telephone: 2397748216 Fax: 2395305330
13. Authorized Applicant Agent (proof of authoriZlllion authority required)
OMs. [:8JMr. OMrs. First Name: Fred W. Last Name: Covle
Title: Chairman. Board County Commissioners Telephone: 2397748097 fax: 2397743602
Street Address: 3301 E.Tamiami Tr.
City: Naples State: Florida Zip Code: 34112
Signature: Date:
14. AJJ proposed projects should be included in the county's Local Mitigation Strategy (LMS).
Attach is a letter of endorsement for the project from the county's Local Mitigation Strategy Coordinator. [:8J Yes 0 No
Section I. Project Description
A. Hazards to be Mitigated I Level of Protection
I. Select the type of hazards the proposed project will mitigate:
o flood [:8J Wind 0 Stonn surge 0 Other (list): _
2. Identify the type of proposed project:
o Elevation and retrofitting of residential or non-residential structure
o Acquisition and relocation 0 Acquisition and demolition
I:8J Wind retrofit 0 Minor drainage project that reduces localized flooding
o Other (please explain) _
3. List the total number of persons that will be protected by the proposed project 255
4. Fill in the level of protection and the magnitude of event the proposed project will mitigate.
(e.g. 23 structures protected against the IOO-year (1%) flood)
!! structw'e(s) protected against the N/A -year flood (10,25,50,100, or 500 year)
! structure(s) protected against 110 mile per hour (mph) winds
5. Engineered projects only (e.g. Drainage Improvements), include (attach to this page) ALL engineering
calculations and design plans used to determine the above level of protection.
6. Project will provide protection against the hazard(s) above for 1 years (i.e., what is the useful life of the project)
B. Project Description, Scope of Work, and Protection Provided (Must be Completed in Detail)
Describe, in detail, the existing problem, the proposed project. and the scope of work. Explain how the proposed project will
solve the problem( s) and provide the level( s) of protection described in Part A. Also, if available, attach a vendor's estimate
and/or a contractor's bid for the scope of work. PletlSe ensure that each proposed project is mitigation and not
maintenance.
Description of the existing problems-: The existing problem is that Collier County Health Department or Building H is
vulnerable to adverse weather which could cause loss of function to this facility. Collier County is located on the SW coast offlorida
on the Gulf of Mexico where the threat of adverse weather is great and plays a major part in our daily lives during June - November
hurricane season. During this time period we plan our lives and routines around the potential of a hurricane occurring. Because of
Collier County Health Department's proximity to the Gulf of Mexico it is vulnerable to potential weather hazards such as potential
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hurricanes and the tornadoes that accompany them.
Agenda Item No. 16E6
April 26, 2005
Page 7 of 29
The more immediate problem we want to address is the vulnerability of the exterior windows of Collier County Health Department,
Building H. The windows are subject to breakage from adverse weather and could cause loss of function and potential damage to
staff, clients and equipment oHms facility. Closing of this facility would place hardships on many of our already vulnerable
population including the Hispanic and the Haitian community.
Collier County Health Department is a critical facility and holds such services as: Vital Statistics, Communicable Disease Control,
Immunization Services, Nutrition and Health Education, Family and Personal Health, School Health, Dental Health. Kid Care Outreach.
Also in the building Collier County has offices from Emergency Medical Services, Solid Waste Administration, Hazardous Waste
Management, Waste Reduction, Water Pollution, Public Services Division Admin, Veterans Services, Social Services Administration.
Utilities Administration.
Although, Building H has never experienced a loss, we want to avoid that potential threat. In the recent past our staff, working under
the scenario that the potential for flooding was a reality, made the decision to physically move all medical records and pharmacy
medications and computers to another floor.
Proposed project:
We wish to mitigate these potential hazards by protecting and retrofitting each window in Building H.
The primary issue is that we maintain vital and essential services to our clients and the citizens of Collier County. The potential
damage or loss of this building would impact direct our essential client services. We wish to mitigate as much as possible potential
wind/rain hazard for the building. To retrofit Building H of the Collier County Government Complex
Scope of Work:
To reinforce existing exterior glass windows in the Bldg. H, located at 3301 E. Tamiami Tr., Collier County Government Complex,
Naples, FL 34112. Collier County Health Department is proposing to mitigate Building H against future wind/rain damage.
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Agenda Item No. 16E6
April 26, 2005
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Describe the type(s) of protection that the proposed project will give- Protection to our clients and staff:!Tom wind and rain in
a hazardous event.
Scope of Work (describe in detail, what you are planning to do)-.
The pharmacy department services all of CCHD's clients and extends its services to the Women Health Foundation, approximately
1300 clients. The pharmacy's inventory is approximately $205,215.00. The Medical Records Department houses all our patients
confidential charts approximately 7000 clients. Includes HN, TB, STD. Since confidentiality is of the highest priority, if these charts
were to be damaged or destroyed they would be irreplaceable. Phase 2 would be the second floor and Phase 3 would be the third
floor.
Describe any other on-going or proposed projects in the area that may impact, positively or negatively the proposed HMGP
or FMA project- A new jail is IIDder construction and also a 4-level garage structure which was just completed.
Section ß. Project Location (Fully describe the location of the proposed project.)
A. Site
1. Describe the physical location of this project, including street numbers (or neighborhoods) and zip codes; and if
available, please provide precise longitude and latitude coordinates for the site utilizing a hand-held global
positioning system (GPS) unit or the equivalent: Collier County Health Department, Building H., Collier County
Government Complex, 3301 E.Tamiami Tr., Naples, FL 34112. Located at coordinates of: Lat 26.129858 N and
Long. 81.761642 W.
2. Title Holder: Collier County
3. Is the project site seaward of the Coastal Construction Control Line (CCCL)? DYES
r8]No
4. Provide the number of each structure type (listed below) in the project area that will be affected by the project.
That is, all structures in project area.
o Residential property
[8] Public buildings
o Other
o Businesses/commercial property
[8] Schoolslhospitalslhouses of worship
B. Flood Insurance Rate Map (FIRM) showing Project Site
o Attach two (2) copies of the FIRM map, a copy of the panel information from the FIRM, and. if available, the
Floodway Map. FIRM maps are required for this application (if published for your tlretl). Also, tlll øtt/Iched
maps must htlve the project site tlnd structures clearly marked on the map. FIRMs are typically available :!Tom
your local floodplain administrator who may be located in a planning, zoning, or engineering office. Maps can also
be ordered :!Tom the Map Service Center at 1-800-358-9616. For more information about FIRMs, contact your local
agencies or visit the FIRM site on the FEMA Web-page at httø://www.fema.eov/homeIMSC/hardcopv.htm
Using the FIRM, determine the flood zone(s) of the project site (Check all zones in the project area).
(see FIRM legend for flood zone explanations) (A Zone must be identified)
0 VE or V 1-30 IZ1 AE or A 1-30
0 AO or AH 0 A (no base flood elevation given)
IZ1 B or X (shaded) 0 C or X (unshaded)
0 Floodway
0 Coastal Barrier Resource Act (CBRA) Zone (Federal regulations strictly limit Federal funding for projects in
this Zone; please coordinate with your state agency before submitting an application for a CBRA Zone project).
0 If the FIRM Map for your area is not published, please attach a copy of the Flood Hazard Boundary Map (FHBM)
for your area, with the project site and structures clearly marked on the map.
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C. City or County Map with Project Site and Photographs
Agenda Item No. 16E6
April 26, 2005
Page 9 of 29
IZI Attach a copy of a city or county scale map (large enough to show the entire project area) with the project
site and structures marked on the map.
D Attach a USGS 1:24,000 TOPO map with project site clearly marked on the map.
D For acquisition or elevation projects, include copy of Parcel Map (Tax Map, Property Identification Map,
etc.) showing each property to be acquired. The map should include the Tax ID numbers for each parcel, if
possible.
D Attach photographs (at a minimum 2 photographs) for each project site per application. The photographs
should be representative of the project area, including any relevant streams, creeks, rivers, etc. and drainage
areas, which affect the project site or will be affected by the project. For each structure, please include the
following angles: fÌ'ont, back and both sides.
Section Ill.
Budget/Costs
In this section, provide details of all the estimated costs of the project. As this information is used for the Benefit-Cost Analysis,
reasonable cost estimates are essential. Since project administrative costs are calculated on a sliding scale, do not include them in the
budget. Also, do not include contingency costs in the budget.
A. Materials
Item
Dimension
Ouantitv
Cost ver Unit
Cost
B. Labor (Include equipment costs - please indicate all "soft" or in-kind matches)
DescnDtion Hours Rate
Cost
C. Fees Paid Include any other costs associated with the project.
Descrintion of Task
Hours
Rate
Cost
Total Estimated Project Cost $_
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Agenda Item No. 16E6
April 26, 2005
D. Funding Sources (round figures to the nearest dollar) Page 10 of 29
The maximum FEMA share for HMGPIFMA projects is 75~. The other 25% can be made up of State and Local funds as well as in-
kind services. Moreover, the FMA program requires that the maximum in-kind match be no more than 12.5% of the total project costs.
HMGPIFMA funds may be packaged with other Federal funds, but other Federal funds (except for Federal funds which lose their
Federal identity at the State level - such as CDBG, ARS, HOME) may not be used for the State or Local match.
Estimated FEMA Share
$262.500
75% of Total (maximum of75%)
Non·Federal Share
Estimated Local Share
$DRAFT67.500 19.29% of Total (Cash)
$DRAFT20.oo0 5.71% ofTotal (In-kind.)
$_ _% of Total (Global Match··)
Other Agency Share
$_ _%ofTotal
(IdentifY Other Non-Federal Agency and availability date: --.-J
Total Funding sources from above
$350.000
100Total % (should equal 100%)
Other Non·FEMA Federal Funds $_ (Do not include in total)
(IdentifY Other Federal Agency: --.-J
·IdentifY proposed eligible activities directly related to project to be considered for In-kind services. (Note on Page 4 Section B)
··Sepa.rate project application must be submitted for each Global Match project
E. Project Milestones/Schedule of Work
List the major milestones in this project by providing an estimated time-line for the critical activities not to exceed a period of3 years
for performance. (e.g. Designing, Engineering, Permitting, etc.)
Milestone
Number of Davs to Comvlete
[Ex., Demolition of 6 structures and removal of debris
14 days]
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Section IV.
Environmental Review and Historic Preservation Compliance
(NOTE: This tIJIplicøtion cønnot be processed i/this section is not completed.)
Agenda Item No. 16E6
April 26, 2005
Page 11 of 29
Because the HMGPIFMA are federally funded programs, all projects are required to undergo an environmental and historic
preservation review as part of the grant application process. Moreover, all projects must comply with the National Environmental
Policy Act (NEPA) and associated Federal, State, Tribal, and Local statutes to obtain funding. NO WORK can be done prior to the
NEP A review process. If work is done on your proposed project before the NEP A review is completed, it wiU NOT be eJigible
for Federal funding.
I. The following information is required for the Environmental and Historic Preservation review:
All projects must have adequate documentation to determine if the proposed project complies with NEPA and associated statutes. The
State Environmental Staff provide comprehensive NEP A technical assistance for Applicants, with their consent, to complete the NEP A
review. The type and quantity ofNEP A documents required to make this determination varies depending upon the project's size, location,
and complexity. However, at a minimum, please provide the applicable documentation from this section to facilitate the NEP A compliance
process.
o Detailed project description, scope of work, and budget/costs (Section I (p. 2) and Section III (p. 5) of this application).
o Project area maps (Section II, part B & C of this application (pp. 3-4)).
o Project area/structure photographs (Section II, part C of this application (p. 4)).
o Preliminary project plans.
o Project alternatives description and impacts (Section IV of the application (pp. 6-8)).
o Please complete the applicable project worksheets. Dates of construction are required for all structures.
o Provide any applicable information or documentation referenced on the Information and Documentation Requirements by
Project Type (page 9 of this application).
2. Alternative Actions
The NEP A process requires that at least two alternative actions be considered that address the same problem/issue as the proposed
project. In this section. list two feasible alternative projects to mitigate the hazards faced in the project area. One alternative is the
"No Action Alternative".
1. No Action Alternative
Discuss the impacts on the project area if no action is taken.
Collier County Health Department is a critical facility and would be in danger of losing over 2.5 million worth of contents; EMS's
life-saving equipment, pharmacy's essential medications, pollution control's lab, confidential medical records and the safety and
welfare of our staff and clients.
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Section IV. Environmental Review;
Agenda Item No. 16E6
April 26, 2005
Page 12 of 29
Alternative Actions, continued
2. Other Feasible Alternative
Discuss a feasible alternative to the proposed project This could be an entirely different mitigation method or a significant
modification to the design of the current proposed project Complete all of parts a-e (below) and include engineering details
(if applicable).
a. Project Description for the Alternative
Describe, in detail, the alternative project Also, explain how the alternative project will solve the problem(s) and/or
provide protection from the hazard(s).
b. Project Location of the Alternative (describe briefly)
o Attach a map or diagram showing the alternative site in relation to the proposed project site
o Photographs (2 copies) of alternative site
c. Scope of Work for Alternative Project
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Section IV.
Environmental Review;
Agenda Item No. 16E6
April 26, 2005
Alternative Actions, coidøeé1d3 of 29
d. Impacts of Alternative Project
Below, discuss the impact of this alternative on the project area. Include comments on these issues as appropriate:
Environmental Justice, Endangered Species, Wetlands, Hydrology (Upstream and Downstream surface water
Impacts), Floodplain/Floodway, Historic Preservation and Hazardous Materials.
e. Estimated Budget/Costs for Alternative Project
In this section, provide details of all the estimated costs of the alternative project (round figures to the nearest dollar).
1. Materials
Item
Dimension
Ouantitv
Cost TJer Unit
Cost
2. Labor (Include equipment costs - please indicate all "soft" or in-kind matches)
DescriDtion Hours Rate Cost
3. Fees Paid Include any other costs associated with the project.
Descrintion of Task
Hours
Rate
Cost
Total Estimated Project Colt $_
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HMGPIFMA ENVIRONMENTAL REVIEW
Information and Documentation Requirements by Project Type
Agenda Item No. 16E6
April 26, 2005
Page 14 of 29
Retrofits to Existing Facüities/Structures
Elevations
Acquisitions with Demolition
o Dates of Construction
o Concurrence from State Historic Preservation Officer if structure is 50 years or
older or if work to be done is outside the existing footprint.
Drainage Improvements
o Engineering plans/drawings
o Permit or Exemption letter to address any modifications to water bodies and
wetlands
o Department of Environmental Protection
o Water Management District
o U.S. Army Corps of Engineers
o Letter from State Historic Preservation Office addressing archeological impacts.
o Concurrence from U.S. Fish and Wildlife addressing any impacts to wildlife,
particularly endangered and threatened species and their habitats.
o If the project is in coastal area, attach a letter from the National Marine Fisheries
Service addressing impacts to marine resources.
o Concurrence from Natural Resource Conservation Service if project is located
outside city limits and may impact prime or unique farmland.
Note: This is a general guideUne for most projects. However, there will be exceptions.
Consult with environmental staff on project types not listed.
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Agenda Item No. 16E6
April 26, 2005
Page 15 of 29
Section V.
Maintenance Agreement
All applicants whose proposed project involves the retrofit or modification of existing public property or
whose proposed 'project would result in the public ownership or management of properly, structures, or
facilities, must first sign the foUowing agreement prior to submitting their application to FEMA.
(NOTE: Those applicants whose project only involves the retrofrtting, elevation, or other modification to
private properly where the ownership will remain private after project completion DO NOT have to complete
this form.)
The Countvof Collier. State of Florida, hereby agrees that
if it rec~f~e~O:y<t~ral aid as a result of the attached project application, it will accept res,ponsibility, at its own
expense if necessary, for the routine maintenance of any real property, structures, or facilities acquired or
constructed as a result of such Federal aid. Routine mamtenance shan include, but not be limited to, such
responsibilities as keeping vacant land clear of debris, garbage, and vermin; keeping stream channels, culverts,
and stonn drains clear of obstructions and debris; and keeping detention ponds free of debris, trees, and woody
growth.
The purpose of this agreement is to make clear the Subgrantee's maintenance responsibilities following project
award and to show the Subgrantee's acceptance of these responsibilities. It does not replace, supercede, or add to
any other maintenance responsibilities imposed by Federal law or regulation and which: are in force on the date of
project award.
Signed by Fred W. Covlethe duly authorized representative
(printed or typed name of signing officÙll)
Chairman. Board of County Commissioners.
(title)
this 26th (day) of ADril (month), 2005 (year).
Signature*
*Please note: The above signature must be by an individual with legal signing autho~ for the
respective local government or county (e.g., the Chairperson, Board of County Commissioners or the
County Manager, etc.)
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Property Acquisition Worksheet
Agenda Item No. 16E6
April 26,2005
Acquisition Pø;úetitsfOftly
A. Prepare a separate worksheet for each individual orooertv to be acquired. Please note: Participation in an acquisition
project must be voluntary on the part of the property OWDer.
o Include at a minimum four (4) color photographs showing a front view, a side view, and a back view of ~
structure to be aCQuired. Attach photographs to the worksheet for that property
B. Site Information:
1. Owner's Name:
Social Security Number: _ (needed for duplication of benefits (DOB) determination)
Spouse's name (if applicable): _
Spouse's Social Security Number: _ (needed for duplication of benefits (DOB) determination)
2. Street Address (including city, state and zip code) or PhysicaIlLegal Location:
3. If the structure is located in a Special Flood Hazard Area (SFHA) and was substantially damaged (i.e., greater than 50%) you
must obtllina SubstlllltUll Damage Certificate signed by the Local Building Official (preferably using FEMA' s Residential
Substantial Damage Estimator (RSDE) software).
Please Note: The data for numbers 4, 5, and 6 of this part of the application and all of Section D are not required if the structure is
located in the SFHA and II SubstøntÌlll Damage Certificate is øtt/lched.
4. Base Flood Elevation of Property: _
5. Lowest (Finished) Floor Elevation of Principal Structure:_
7. Post Mitigation Property Use:
6. Depth of water in the structure _ inches, for _ day(s) and level of event causing flooding _ year flood.
(10,25, SO, 100, 500)
C. Structure Information
1. Attach a copy of the local government Tax Assessor's record for the subject property; and, if available, a tax map.
2. Building Type: (check one)
o I-story wlo basement 0 2-story wlo basement 0 Split-level wlo basement
o I-story with basement 0 2-story with basement 0 Mobile Home
o Split level with basement
o Other: _
3. Building Use; (check all that apply)
o Primary Residence 0 Rental Property
o Public Building 0 House of Worship
o Secondary Residence
o Multi-Family
o Commercial Property
o Other; _
4. Construction Type:
o Wood Frame
o Concrete Block
o Brick
o Other:_
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Property Acquisition Worksheet continued
Agenda Item No. 16E6
April 26, 2005
Page 17 of 29
Acquisition Projects Only
5. Date of Construction for the structure: (if structure is older than 50 years, attach letter:!Tom State Historic Preservation Officer):
6. Total Square Footage of Principal Structure (heated and cooled areas only): _
7. Estimated Cost to Replace Principal Structure (if known): $----1 square foot.
8. Axe there accessory or out buildings on the property? 0 Yes 0 No If Yes, 0 Attached 0 Detached
Please describe (location, type of structure, age, value):
9. If the project involves the acquisition of a commercial property you must complete a Hazardous Materials Questionnaire for that
property. If applicable, please contact the HMGPIFMA Environmental Section at (850) 922-5779 for a copy of the questionnaire.
D. IDstory of HazardslDamages (to the Property being acquired)
List all current and past damages to the property (including damages to the structure, its contents, and any displacement costs). Include
damage ftom declared disaster events AND other hazard events that did not result in a presidential declaration. NOTE: These data are
not required if the property is located in the Floodway or if a Substantial Damage Certificate (for most recent disaster) is attached.
Date Level of Flooding Event Description of Damages Cost of
(e.g., 10,10, 50 yr. flood) Depth of Flooding RepairslReplacement/
Displacement/Structure!
Content
Note regØ1'dillg fÜu1Iage estilfUltes: the date, level of event, description of damages, cost of repairs/replacement must be specific to
ONLY the building under consideration. County wide damage estimates (e.g., Hurricane Irene, 1999 caused 1 million dollars damage)
cannot be used. Additionally, vague information is not useful or acceptable in lieu of specific building damage estimates. The property
damages can be a homeowner's estimate; however, please include a contractor's itemized repair estimate, if possible.
Property Acquisition Worksheet continued
Acquisition Projects Only
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E. Acquisition Cost Worksheet
Agenda Item No. 16E6
April 26,2005
Page 18 of29
PleasefiU out II sepllrllte Acquisition Cost Worksheetfor etleh property to be llCi uired (Ifyollr project involves the øcquisitio1l of
severtd properties, YOIlIfUIY wish to develop II single spreadsheet that lists elleh property. The spreadsheet should contalnllll of the
info1'lfUltion fields in the Acquisition Cost Worksheet below).
**Please note: The community may determine the pre-disaster fair market value by using either the local tax assessed
Project Cost Infonnation Costs
Owner's Full Name: - NA
Spouse's Full Name (if applicable): _ NA
Mailing Address: NA
City, State, ZIP: NA
Property Address: NA
Tax Parcel Identification Number: NA
Year Built: NA
Square footage of the building (beated and cooled areas only): NA
Pre-Disaster Fair Market VaJue** (Identify Source: ----> S
Estimated Cost of Demolition S
Estimated Appraisal Costs S
Property Survey Costs S
Closing Costs (usuaDy handled by a title company) S
Relocation Assistance S
Other S
Total Cost to Acquire Property S
value (plus a percentage to approximate market value) or a State CertiFied Property Appl'tlisr's estimate. In either
case, the market value must be based on pre-disaster conditions. Also, if a local tax assessed value is used, a letter
from the Local Property Appl'tliser must accompany the application.
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(ponn No. HMGPIFMA-001, EfT. 10/30/04)
Elevation Worksheet
Agenda Item No. 16E6
April 26, 2005
Elevation PIfàjtJcü ø.o'Y
NOTE: Recommended elevation for Coastal Areas is at least one foot above the Base Flood Elevation.
Recommended elevation for Riverine Areas is at least two feet above the Base Flood Elevation (BFE). Please provide
damage history for the structure under consideration only. Also, an entire HMGPIFMA application must be completed
for each structure to be elevated.
o Include at a minimum four (4) color photographs showing a front view, a side view, and a back view of the
structure to be elevated. Attach photographs to the property worksheet.
A. Site Information:
1. Owner's Name:
Social Security Number: _ (needed for duplication of benefits (DOB) determination)
2. Spouse's Name (if applicable): _
Spouse's Social Security Number: _ (needed for duplication of benefits (DOB) determination)
3. Street Address (including city, state and zip code) or Physical/Legal Location:
B. Structure Information:
1. Building Type: (check one)
o I-story w/o basement 0 2-story w/o basement 0 Split-level w/o basement
o I-story with basement 0 2-story with basement 0 Mobile Home
o Split level with basement
o Other: _
~_ 2. Building Use (check all that apply)
o Primary Residence 0 Rental Property
o Public Building 0 House of Worship
o Secondary Residence 0 Commercial Property
o Multi-Family 0 Other: _
4. Foundation Type:
D Slab on Grade
D Concrete Block
D Crawl Space
D Other: _
D Block Foundation
D Other: _
3. Construction Type: D Wood Frame
5. Date of original construction for the structure: _
6. Date of modification/upgrade to the structure (if applicable): _
7. What is the pre-disaster value of the building? _ (provide a copy of Tax Assessor's record, or certified appraisal)
8. What is the total value ofthe contents of the building? _ (If uncertain, a value of $20,000 or 30% of the
Building Replacement value, which ever is greater)
9. What was the depth of flooding in the building? _ inches
10. How long was the building flooded? _ days
11. Provide the level of the flooding event: _ (e.g., 10-year event, 25-year flood, etc.)
15
Page 15 of 25
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(Form No. HMGP/FMA-OOl, Eff.l0130/04)
Elevation Worksheet continued
Agenda Item No. 16E6
April 26, 2005
Elevation Plàþ f;fS øítty
12. Elevation Infonnation
Total Square Footage of Principal Structure (heated and cooled areas only):
Lowest (Finished) Floor Elevation of Principal Structure (above sea level): _
Proposed Elevation Height (above sea level) minimum of2 feet of free board above BFE is required:
Feet Inches
Proposed Foundation Type for Elevated Structure: D Columns
D Pilings
D Other:_
C. Required information for elevation projects located in a V-zone or numbered A-zone:
1. What is the elevation of the lowest livable floor of the building? _ (A copy of the surveyor or engineer's Elevtltio"
Certificate for the building is required)
2. What is the Base Flood Elevation (BFE) at the building site? _
3. What is the local code requirement regarding elevation? _ (e.g., BFE + 1.0', etc. provide a copy of the applicable local
code language/section)
4. From the FEMA Flood Insurance Study (FIS), which includes the project site, fill out the appropriate table below:
*Please Note: FISs can be ordered from the Map Service Center at 1-800-358-9616. For more information about
FISs, contact your local agencies or visit the FIS site on the FEMA Web-page at htto:/Iwww.fema.l!ov/MSC/fis.htm
Ifl
d'
fill
Ii
I
ocate In a Rivenne Flood Zone (numbered A-zone or AE zone) in the olloWln2 tab e:
Flood Frequency Peak Discharge (CFS) Flood Depth
to-year
50-year
IOO-year
500-year
If located in a Coastal Flood Zone (V -zone or A-zone subject to storm sUf'2e) fill in the followin2 table:
Flood Frequency Flood Depth
10-year
50-year
100-year
SOO-year
16
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(Fonn No. HMGP/FMA..()Ol, Eff.l0/30/04)
Elevation Worksheet continued
Agenda Item No. 16E6
April 26, 2005
Elevation Plfà/flf:ts øafy
D. ffistory of HazardslDamages (to the structure being elevated)
List all current and past damages to the structure (including its contents). Damages must be fully documented (i.e., you may be asked
to produce supporting evidence for any claimed damages). Include damage from declared disaster events AND other hazard events
which did not result in a presidential declaration.
Note reglU'ding "IrUIge estimøtes: the date, type of event, and description of damages must be specific to ONLY the building under
consideration. Countywide damage estimates (e.g., Hurricane Irene, 1999 caused 2 million dollars damage) cannot be used.
Additionally, vague information is not usejùl or acceptable in lieu of specific building damage estimates.
Date Name of Event; Type of Event Damage Cost to Structure Damage Cost to Content
(e.g., storm surge, closed basin flooding, etc.)
Ex. 1999 Hurricane Irene; Storm Surge $36,000.00 $15,000.00
Note: Flood Insurance Policies must be purchased for all structures that are part of a FEMA elevation project. For more information
contact the Floodplain Administrator in your area or visit the National Flood Insurance Program Web Page at
(htto:/Iwww.fema.2ov/nfiu)
Elevation Worksheet continued
17
Elevation Projects Only
Page 17 of 25
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(Fonn No. HMGPIFMA-001, Eff. 1 0/30/04)
Agenda Item No. 16E6
April 26, 2005
E. Elevation Cost Information Page 22 of 29
Use the Elevation Cost Worksheet below to develop a detailed cost estimate, which must include all project costs. Any project costs that do not
clearly fall under the specified categories should be submitted to the Department for review and determination of funding eligibility under the HMGP
and the FMA program. For strøight elevødo" the structure must be retrofitted to the wind load refllirements (Leo storm shutters, hurricane clips,
etc.). Complete ¡HIges 20-22 of the W"1IUl Retrofit Worksheet.
Elevation Cost Worksheet
Description Explanation of costs Total Costs
Estimate costs for aD applicable items (e.g., 12 items @ $40 each)
PermittinglRecording/Legal Fees
Demolition Pennit $
Building Pennit(s) $
Plumbing, Electrical, Mechanical Pennits $
Recording Fees $
Legal Fees $
Planning and Design
Surveying and Site Layout $
Elevation Certificate(s) $
Engineering Design for Elevated Structure $
Site Preparation
Structural Demolition $
Lot Clearing $
Debris Removal and Disposal $
Excavation/FilI for Grading $
RetrofittinglElevation of an Existing Structure
Concrete & Block Work; Masonry Work $
Drilling & Installation of Piers, Columns, or Piles $
Beams and Columns $
Embedment and Sealant $
Foundation Walls $
Structural Steel Work $
Bracing and Anchoring $
LiftingjJackingÆlevating $
Backfilling $
Detachment and Reattachment (ofelerncnts affixed to structure) $
Sub-Total for Page $
Elevation Worksheet continued
Elevation Projects Only
18
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(Fonn No. HMGPfFMA-OOl, Eff.l0l30/04)
Agenda Item No. 16E6
April 26, 2005
P 23 f 29
aae 0
I Sub-Total from previous page $
Description Explanation of costs Total Costs
Estimate coats for aD applicable items (e.g., 12 items @ $40 each)
New Construction
Sub-flooring $
Wall and Roof Framing and Shell Construction $
Exterior Doors and Windows, Insulation $
Hurricane ClipslTies $
PorcheslDecks (if pre-existing) $
Stairs and Railings $
Plumbing Rough-in (for supply and drain, waste and vent) $
Electrical Rough-in (main circuit panel, junction boxC8 and outlcts) $
Installation of ductwork for, ventilation, and air conditioning $
Final Clean-up $
Systems Extensions (for elevated buildings only not for new construction)
Electrical Service $
PlumbinglWater Service $
Sewer/Septic System $
HV AC and Ductwork; Elevating Mechanical Equipment $
Additional Insulation $
Roof and Foundation Drainage Systems $
Soil Stabilization/Retaining Walls $
Landscape ReplacementlRestoration (for landscaping disturbed by construction)
Evaluated on a case-by-case basis $
Displacement Costs
Moving Costs $
Temporary Storage Costs $
Temporary Living Facilities Costs $
Other Eligible Costs (list additional costs to be detennined by the Department for eligibility under the HMGP/FMA programs)
Other(s): _ $
Total Eligible Project Costs $
DRAINAGE PROJECT WORKSHEET
DRAINAGE PROJECTS ONL Y
19
(Fonn No. HMGP/FMA-OOI, Eff.l0130/04)
Page 19 of 25
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Agenda Item No. 16E6
April 26, 2005
Page 24 of 29
Municipality/County: _
Project Title: _
The following information must be provided for completion of the Technical Review:
1. Plot the project area on a Flood Insurance Rate Map (FIRM), include the front page of map displaying the Community
Identification Number.
2. City or County Scale Map identifying the entire project area.
3. Topographical Map and FIS study of the affected area with appropriate flood elevations for 1,10,50,100 & 500 Year Flood
Depths and Peak Discharges.
4. Provide attachment to verifY the total number of repetitive loss structures within the affected basin. (Homeowner name,
address, type of home, content damage, structure damage). The following should also be provided:
o Depth of flooding inside each structure.
o Elevation Certificate for each structure.
o For each structure provide one of the following: Uniform Residential Appraisal Report (URAR) or
Summary Appraisal from Realtor or Means Cost Estimate or Marshal & Swift cost estimate.
o Verification of the "Frequency of Event" which caused the damage to the property i.e., 10-Year, 25-
Year, 50-Year IOO-Year etc. (Infonnation must be obtained from USGS, NWS, NOAA, or
HydraulicJHydrology Engineer or Rainfall totals for specific date, month & year i.e. how many inches
in what period of time).
o Verification oflosses due to repetitive minor flood events (e.g.. 1,2,..5 Year Frequency) indicate name
of event, date of incident and amount ofloss per structure building and content.
5. Economic loss per day for loss of function of bridge or road.
o Estimated number of one-way trips.
o Detour & delay time per one-way trip (hours, days).
6. Verification of the total number of structures that will benefit from the mitigation project.
7. Photographs of the damaged infrastructure property. (Ditches, Culverts, Swales, DetentionIRetention Basins and Ponds).
8. Preliminary or final Engineering Design Plans and a line item breakdown of the Total Project Cost.
9. A Summary Report from the consultant or Professional Engineer describing the problem and the proposed solution with the
necessary supporting Engineering Calculations for the project/solution. The report should also certifY the level of protection
and the magnitude of event the completed scope of work will mitigate. (Example: 40 homes will be protected against a 100
Year Flood Event.) Finally, the report should provide an estimate of damages that is anticipated for events beyond the
mitigation efforts. (Example: The 40 homes can anticipate 15% structural damages for 250 Year Event and 30% structural
damages for a 500 Year Flood Event).
10. A Letter of Map Revision (LOMR) may be needed for this project. Any changes to the FIRM need to be reflected on the
flood maps, which is accomplished through the LOMR process. The construction of this project may lower the 100-year
flood elevation and thus, possibly lower the flood insurance rates for structures in the project area. If the LOMR process is
applicable to the proposed project, please contact the Department for assistance at (850) 922-5269.
Additional Comments:
20
Page 20 of 25
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(Fonn No. HMGPIFMA~Ol, Eff.1O/30/04)
Wind Retrofit Worksheet - HMGP only
Agenda Item No. 16E6
April 26, 2005
WIND RETROFIT PROJEC15Ø1ffj'(Jf 29
please fill out this worksheet completely. A separate worksheet is required for each structure to be wind retrofitted.
o Attach photographs (two copies) of each side of the building to be retrofitted.
o Provide evidence that the shutter system complies with the Dade County Specifications. The best evidence of this is a
certificate issued by the Dade County Building Department stating that the proposed shutter products have been tested,
approved, and comply with the Dade County Specifications. Non-certifìed shutters or products cannot be used.
I B. Building Data
(1) Select Building Type
D Non-Engineered Wood - Wood buildings do not receive specific engineering 1Ittcnti0ll. Examples include
single and muJti-iàmily residences, some one- or two- story apartment WlÎtS, and some small commercial buildings.
D Non-Engineered MalOnry - These masonry buildings do not receivc specific engineering attention.
Examples include single and multì-fimrily residences, some one- or two- story apartment units, and some small
commercial buildings.
D Manufactured BuIld1nc - These buildings ore typically light metal structures or manufactured bousing units
(e.g., mobile homes). Manufactured buildings ore produced in Iargc numbers ofidc::ntical C1I' similar units.
D Ughtly Engineered - These buildings may combine masonry with steel framing, open-web steel joists, wood
!Taming, and wood rafters. Some parts ofthc building receive engineering attention while others do not. Examples
include motels, cOJllJJlCl'CÌal, and ]ight industrial buiJdin ll.
[g FnDy Engineered - Usually these buüdin ll ore designed for a specific site and thus receive specific,
individualized design attention from professional architects and engineers. Examples include lúgb-rise office and
hotel buildings, hospitals, and most public buildings.
D Other - These buildings do not fit into any of the descriptions listed above.
(5) Historic Building Controls N/A
(6) Disaster Number
21
Page 2] of 25
Attach any continuations or additional Items to this page
(Fonn No. HMGPIFMA-ûOl, Eff.10l30/04)
Wind Retrofit Worksheet - HMGP only
Agenda Item No. 16E6
Ap'ri/262005
WIND RETROFIT PROJECT_¡qNIJ,"f'of 29
I F. Displacement Costs Due to Wind
(1) Rental Cost of Temporary Building Space ($/sf/month)
(2) Other Displacement Costs ($/month)
I G. Value of Public Non-Profit Service
(3) Post Disaster Continuity Premium ($Iday)
I H. Rent and Business Income
(1) Total Monthly Rent from all Tenants ($/month)
N/A
(2) Estimated Net Income of Commercial Businesses ($/month)
I I. Mitigation Project Data
22
Page 22 of 25
Attach any continuations or additional items to this page
(Fonn No. HMGPIFMA-OOI, Bff.1 01301(4)
II I. Mitigation Project Data
Agenda Item No. 16E6
~~~~ oJ, ~r~~ II
I J. Temporary Relocation Costs
(1) Relocation Time Due to Project (months)
(2) Rental Cost During Occupant Relocation ($/month)
(3) Other Relocation Costs ($/month)
Wind Retrofit Worksheet - HMGP only
WIND RETROFIT PROJECTS ONLY
23
Page 23 of 25
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(Form No. HMGPfFMA-001, Bff.10l30/(4)
Agenda Item No. 16E6
April 26, 2005
Page 28 of 29
Wind Retrofit Worksheet· HMGP only
WIND RETROFIT PROJECTS ONL Y
Shelter Retrofit Project Only
Benefit Cost Data Collection Form
A. Project Information
Complete
Is a separate worksheet attached for each structure?
Are photographs of all elements of the building to retrofit attached?
Is there an Engineer's certification for level of protection proposed attached?
Are a completed LRDM Table and Survey Checklist attached?
DYes DNo
DYes DNo
DYes DNo
DYes DNo
B. Building Data
Select Building Type (Before Mitigation)
D Lightly Engineered
D Fully Engineered
Building Site (Miles Inland)
Number of Stories above Grade
Construction Date
Historic Building Controls
Disaster Number
C. Building Size and Use
Describe the normal day-to-day fimction of the facility: _
Total floor area: _ (s1)
Area occupied by owner or Public/Non-profit Agencies: _ (s1)
For the following enter the square Building Area to be used
feet for the applicable Existin2 (SF) Proposed (SF)
Critical Facility
Host Shelter
Hurricane Evacuation Shelter (RES)
Primary Host Shelter
Recovery Shelter
24
Page 24 of 25
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(Form No. HMGP/FMA~Ol. Eff.l0l30/(4)
Agenda Item No. 16E6
1\ ~~;¡ '>t:. ') (V,,::
.,
RefulZe Page 29 of 29
Risk Shelter
Secondary Host Shelter
Other (attach explanation) I
Wind Retrofit Worksheet - HMGP only
WIND RETROFIT PROJECTS ONLY
Shelter Retrofit Project Only
Benefit Cost Data Collection Form (Continued)
D. Bunding Value
Building Replacement Value: _
E. Building Contents
Contents Description: _
Total Value of Contents:
F. Value of Public Non-Profit Services
Existin
Pro osed
Description of Services Provided
Number of Persons Served by FaciUty or
Ca ad
G. Mitigation Project Data
Project Description: _
Project Useful Life (Years):_
Mitigation Project Costs: _
Base Year of Costs:
Annual Maintenance Costs ($/year): _
Notes and Additional Information:
25
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(Form No. HMGPfFMA-001, Eff.10l30/04)
Agenda Item No. 16F1
April 26, 2005
Page 1 of 14
EXECUTIVE SUMMARY
Approve an Out-of-Cycle FY2005 TDC Category "A" Grant Application and
Tourism Agreement with the City of Naples for Lowdermilk Park Parking Lot
Reconstruction/Restoration Project #90019 in the Amount of $375,000
OBJECTIVE: To obtain approval of a TDC Category "A" Grant Application, and Tourism
Agreement with the City of Naples for Lowdermilk Park Parking Lot Reconstruction/Restoration
Project 90019 in the amount of$375,000.
CONSIDERATIONS: The Coastal Advisory Committee recommended the approval of funding
the grant application for the reconstruction/restoration of Lowdermilk Park Parking Lot on June
12,2003. The Tourist Development Council followed suit on June 23, 2003. This project was
approved by the Board of County Commissioners on September 9,2003. Since the Tourism
agreement expired on September 30,2004, the matter is back before the BCC for consideration.
Work has been delayed and will not begin until June 2005. Additionally, the City's original
grant application did not list engineering as a cost item and therefore they have not been
reimbursed for these costs. As a result, a new grant application for the same amount ($375,000)
has been submitted that includes all anticipated costs. This item was reviewed and
recommended for approval by the Coastal Advisory Committee on March 10, 2005,the Parks and
Recreation Advisory Committee on March 16, 2005 and the Tourist Development Council on
March 28, 2005. This item will be on the City of Naples agenda on April 20, 2005.
FISCAL IMPACT: This project - originally budgeted in FY 04 - was rolled over and is part of
the Fund 195 FY 05 expenditure plan and sufficient tourist tax dollars have been earmarked to
offset project expenses.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan
related to this action.
RECOMMENDATION: That the Board of County Commissioners approve:
1) The attached Tourist Development Category "A" grant application and
2) Tourism Agreement with the City of Naples in the total amount of $375,000.
PREPARED BY:
Maria Bernal. Tourist Tax Coordinator
Agenda Item No. 16F1
April 26, 2005
Page 2 of 14
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16F1
Approve an Out-of-Cycle FY2005 TDC Category "Au Grant Application and Tourism
Agreement with the City of Naples for Lowdermilk Park Parking Lot
Reconstructioll/Restoratioll Project #90019 ill the amount of $375.000.
4/26/20059:00:00 AM
Meeting Date
Prepared By
Date
Maria E. Bernal
Tourist Tax Coordinator
3/29/20054:09:14 PM
County Manager's Office
Tourism
Approved By
Jack Wert
Tourism Director
Date
County Manager's Office
Tourism
3130/2005 9:28 AM
Approved By
Gary McAlpin
Costal Project Manager
Date
County Manager's Office
Tourism
3/30/200510:37 AM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
3/30/2005 3:29 PM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
3/31/2005 11 :22 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4/4/20055:22 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
4/14/200512:49 PM
Agenda Item No. 16F1
April 26, 2005
Page 3 of 14
.
2005 TOURISM AGREE:MENT BETWEEN COLLIER COUNTY AND
THE CITY OF NAPLES FOR THE LOWDERMILK PARK PARKING
LOT RECONSTRUCTIONI RESTORATION PROJECT .
TIllS AGREEMENT, is made and entered into this'_ day of
2005 by and between The City of Naples, hereinafter referred to as "GRANTEE" and Collier
County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY".
RECITALS:
WHEREAS, GRANTEE and COUNTY previously entered into an Agreement dated
September 9, 2003 where GRANTEE was awarded tourist development tax funds for the
reconstruction and renovation of the Lowdermik Park Parking Lot (the "Project"); and
WHEREAS, the Agreement has terminated; and
WHEREAS, GRANTEE has submitted a new application for Category "A" Tourist
. Development Tax Funds in the amount of $375,000.00 for the Project; and
WHEREAS, the COUNTY desires to fund a portion of the Project.
NOW, THEREFORE, BASED UPON THE MlITUAL COVENANTS AND PREMISES
PROVIDED HEREIN AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY
AGREED AS FOLLOWS:
1. SCOPE OF WORK. GRANTEE prepared a detailed application and proposal outlining
the project to be accomplished, along with a project budget, as part of the grant application
process, hereinafter referred to as "Proposal", attached as Exhibit "A". GRANTEE shall provide
the project activities outlined in the Proposal within the budgeted amounts provided in the
Proposal. GRANTEE shall not be reimbursed for any expenditures not included in the Proposal
nor be reimbursed for amounts in excess of those provided in the Proposal unless an amendment
.
to this Agreement is entered into by GRANTEE and COUNTY.
'"
.-,
.
'"_.._."-"-".,""~-_.-
Agenda Item No. 16F1
April 26, 2005
Page 4 of 14
2. PAYMENT AND REIMBURSEMENT. The maximum reimbursement under this
Agreement shall be Three Hundred Seventy-Five Thousand Dollars and No/1OO ($375,000.00).
GRANTEE shall be paid in accordance with the fiscal procedures of COUNTY upon submittal
of an invoice and upon verification that the services described in the invoice are completed or
that goods have been received.
GRANTEE shall determine that the goods and services have been properly provided and
shall submit invoices to· the Tourism Director or his designee. The Tourism Director or his
designee shall determine that the invoice payments are authorized and that the goods or services
covered by such invoice have been provided or performed in accordance with such authorization.
The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure
described in the invoices provided that such expenditure is made in accordance with this
Agreement.
Each invoice submitted by GRANTEE shaH be itemized in sufficient detail for audit
thereof and shall be supported by copies of cOlTesponding vendor invoices and proof of receipt
of goods or performance of the services invoiced. GRANTEE shaH certify in writing that all
subcontractors and vendors have been paid for work and materials from previous payments
received prior to receipt of any further payments. COUNTY shall not pay GRANTEE until the
Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with
the law.
GRANTEE shall be paid for its actual cost not to exceed the maximum amount budgeted
pursuant to the attached Exhibit "A".
3. EUGIBLE EXPENDITURES. Only eligible expenditures described in Section 1 will be
paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible
expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY'S written request
2
Agenda Item No. 16F1
April 26, 2005
Page 5 of 14
to repay said funds. COUNTY may request repayment of funds for a period of upto one (1) year
. after tennination of this Agreement or any extension or renewal thereof.
4. PAYMENT REOUESTS. Payment requests for interim draws and final payment must
.
.
be submitted to 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 COUNTY. COUNTY may withhold any interim draw for failure to provide the
interim status report, and COUNTY shaH withhold final payment until receipt of the final statuS
report or other final report acceptable to COUNTY.
5.
INSURANCE.
GRANTEE is required to submit a Certificate of Insurance naming
Collier County, and its Board of County Commissioners and the Tourist Development Council as
additionally insured. The certificate must be valid for the duration of this Agreement and be
issued by a company licensed in the State of Florida and provide General Liability Insurance for
no less than the following amounts:
Bodily Injury Liability - $300,000 each claim per person
Property Damage Liability - $300,000 each claim per person
Personal Injury Liability - $300,000 each claim per person
Worker's Compensation and Employer's Liability - Statutory
The Certificate of Insurance must be delivered to the Towism Director, or his designee, within
ten (10) days of execution of this Agreement by COUNTY. GRANTEE shall not commence
activities which are to be funded pursuant to this Agreement until COUNTY has received the
Certificate of Insurance.
6. CHOICE OF VENDORS AND FAIR DEALING. GRANTEE may select vendors or
subcontractors to provide services as described in Section 1. COUNTY shall not be responsible
fOf paying vendors and shall not be involved in the selection of subcontractors or vendors.
GRANTEE agrees to disclose any relationship between GRANTEE and subcontractors and/or
3
'"
~
.
Agenda Item No. 16F1
April 26, 2005
Page 6 of 14
vendors, including, but not limited to, similar or related employees, agents, officers, directors
and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of the
expenditures and require repayment if invoices have been paid under this Agreement for
unreasonable expenditures. The reasonableness of the expenditures shall be based on industry
standards.
7. INDEMNIFICATION. To the extent permitted by law, GRANTEE shall hold harmless
and Qefend COUNTY, and its agents and employees, from any and all suits and actions including
attorney's fees and all costs of litigation and judgments of any name and description arising out
of or incidental to the perfonnance of this Agreement or work performed thereunder. 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
perfonn work by any of them. GRANTEE'S obligation under this provision shall not be limited
in any way by the agreed upon Agreement price as shown in this Agreement or GRANTEE'S
limit of, or lack of, sufficient insurance protection.
8. NOTICES. All notices from COUNTY to GRANTEE shall be in writing and deemed
duly served if mailed by registered or certified mail to GRANTEE at the following address:
David Lykins, Director of Community Services
City of Naples
280 Riverside Circle
Naples, Florida 34102
All notices from GRANTEE to COUNTY shan be in writing and deemed duly served if mailed
by registered or certified mail to COUNTY at the following address:
Jack Wert, Executive Director
Naples, Marco Island, Everglades Convention
and Visitors Bureau
3050 North Horseshoe Drive, #218
Naples, Florida 34104
4
.~~~--,_..",.~
.
.
.
Agenda Item No. 16F1
April 26. 2005
Page 7 of 14
GRANTEE and COUNTY may change their above mailing address at any time upon giving the
other party written notification pursuant to this section.
9.
NO PARTNERSHIP.
Nothing herein contained shall be construed as creating a
partnership between COUNTY and GRANTEE, or its vendor or subcontractor, or to constitute
GRANTEE, or its vendor or subcontractor, as an agent or employee of COUNTY.
10. TERMINATION. COUNTY or GRANTEE may cancel this Agreement with or without
cause by giving thirty (30) days advance written notice of such termination pursuant to Section 8
and specifying the effective date of termination. If COUNTY terminates this Agreement,
COUNTY will pay GRANTEE for all expenditures incurred, or contractual obligations incurred
with subcontractors and vendors, by GRANTEE up to the effective date of the termination so
long as such expenses are eligible.
11.
GENERAL ACCOUNTING. GRANTEE is required to maintain complete and accurate
accounting records and keep tourism funds in a separate checking account. All revenue related
to the Agreement should be recorded, and all expenditures must be incurred within the terms of
this Agreement.
12. A V AILABILITY OF RECORDS. GRANTEE shan maintain records, books, documents,
papers and financial information pertaining to work performed under this Agreement.
GRANTEE agrees that COUNTY, or any of its duly authorized representatives, shall, until the
expiration of three (3) years after final payment under this Agreement, have access to, and the
right to examine and photocopy any pertinent books, documents, papers, and records of
GRANTEE in'volving transactions related to this Agreement.
13. PROHffiITION OF ASSIGNN1ENT. GRANTEE shall not assign, convey, or transfer in
whole or in part its interest in this Agreement without the prior written consent of COUNTY.
5
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.
Agenda Item No. 16F1
April 26. 2005
Page 8 of 14
14. TERM. This Agreement shall become effective on June 1, 2004 and shall remain
effective until sixty (60) days after completion of the project described in Exhibit "A", but no
later than December 31,2005.
15. AMENDMENTS. This Agreement may only be amended by mutual agreement of the
parties and after recommendation by the Tourist Development Council.
16. RECORDATION. This Agreement shall be recorded in the public records of Collier
County, Florida.
IN WITNESS WHEREOF, GRANTEE and COUNTY have each respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, Chairman
, Deputy Clerk
Approved as to form and
legal sufficiency:
@
Heidi F. Ashton
Assistant County Attorney
6
.._...",....-.,'"-~'"".
.
.
.
ATTEST:
TARA NORMAN, City Clerk
Approved as to fonn and
legal sufficiency:
ROBERT D. PRITT, City Attorney
(corporate seal)
CP:TDC\Agree2005 :LaudmnilkParkingLot
Agenda Item No. 16F1
April 26, 2005
Page90f14
GRANTEE
CITY OF NAPLES
By:
Bll.1... BARNETT, Mayor
WITNESSES:
(1)
signature
Printed!Typed Name
(2)
signature
Printedffyped Name
7
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EXHIBIT A
PROJECT BUDGET
ACTIVITY
Lowdermilk ParkinlZ Lot Reconstruction/Restoration
Project elements included with the installation of a new parking lot are:
Parkine Lot and EntrancelExit Do yes
1. Engineering
2. Demolition
3. New grade, sub-base
4. Repaving
5. Curbing
6 Sidewalks
7. Stormwater (new culverts and intakes)
8. Striping and bumper blocks
Sub Total
9. Lighting (Turtle Compatible)
10. Signage
11. Landscaping
12. Irrigation
13. DEP Permit
Sub Total
TOTAL:
J o.f .3
._".._----""',,,"".
Agenda Item No. 16F1
April 26, 2005
Page 10 of 14
AMOUNT
$305.000
$ 70.000
$375,000
Agenda Item No. 16F1
April 26, 2005
Page 11 of 14
EXHIBIT A
Collier County Tourist Development Council
GRANT APPLICATION
Beach Renourishment and Pass Maintenance
Lowdermilk Parkin!! Lot Reconstruction/Restoration
1. Name and Address of Applicant Organization:
City of Naples
735 Eight Street South
Naples, Florida 34102
2. Contact Person, Title and Phone Number:
Ronald A. Wallace, Director of Construction Management, 239-213-5016
3. Organization's Chief Official and Title:
William Barnett, Mayor
Robert E. Lee, City Manager
4. Project Description (and location]: Lowdermilk Parking Lot Reconstruction!
Restoration at 1301 Gulf Shore Boulevard South, Naples, Florida 34102
Lowdermilk Park serves a large population of City and Collier County residents, as well as
tens of thousands of tourists annually. Currently, there are a total of 166 parking spaces in
the main lot, (166 beach permit spaces, of which 6 are handicap spaces). The main parking
lot at the park was installed in the early 1960's. Over the last forty (40) years, a significant
amount of surface deterioration on the lot has occurred due to age and heavy use.
Depressions have developed in several large areas of the parking lot where pools of water
gather after a rain. The redesign of the main parking lot will increase the number of permit
parking spaces by eighteen.
Lowdermilk Parkine: Lot Reconstruction/Restoration $375.000
Previous beach renourishment projects severely impacted the condition of the parking lot,
causing extensive deterioration of the asphalt and underlying base. Reconstruction and
restoration costs are approximated at $305,000 and include engineering, demolition
drainage improvements, fill, regrading, compaction, sidewalks, asphalt and striping.
Landscaping, irrigation, lighting, DEP pennit fees and signage improvements would add
an additional $70,000.
s. Estimated project start date: June 2004
6. Estimated project duration: December 2005
7. Total amount requested: 5375.000
ColUer County Tour'st Development Counell
Grant AppUeation
Page 2
Agenda Item No. 16F1
April 26, 2005
Page 12 of 14
1. If the full amount requested cannot be awarded, can the program/project
be restructured to accommodate a smaller award?
Yes () No (X)
PROJECT BUDGET
ACTnnTY AMOUNT
Lowdermilk Parkine: Lot Reconstruction/Restoration
Project elements included with the installation of a new parking lot are:
Parking Lot and EntrancelExit Drives
1. Engineering
2. Demolition
3. New grade, sub-base
4. Repaving
5. Curbing
6. Sidewalks
7. Stonnwater (new culverts and intakes)
8. Striping and bumper blocks
Sub Total
$305.000
)~~9. Lighting (Turtle Compatible)
-~ 10. Signage
11. Landscaping
12. Irrigation
13. DEP Pennit
Sub Total
$70.000
Total: $375,000
I have read the Beach Renourishment and Pass Guidelines and criteria and agree that
my organization will comply with all guidelines and criteria.
fí?{; Þlr1- ¡:: /... e..L (;. ~ 1 j,t.If H 11/'£'1'
Signature zation's Chief Official or Designeei
Date: 3 / ~i/ ()J
"'Director of Office of Capital Projects Management authorized to sign Category "A" applications on
behalf of the Chainnan of the Board of County Commissioners. Approved by Board of County
Commissioners on August 24, 1993, Agenda Item 16(H)(2). Director of Office of Capital Projects
Management position was renamed to Director of Public Works Engineering effective October 1998 and
.. is currently Director of Public UtiJities Engineering.
.----.,...
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Agenda Item No. 16F1
April 26, 2005
Page 13 of 14
LOWDERMILK PARK ENTRANCE TO PARKING LOT
SOUTH WEST CORNER OF LOT
SOUTH EAST CORNER OF LOT
WEST SIDE OF LOT
Agenda Item No. 16F1
April 26, 2005
Page 14 of 14
EAST SIDE OF LOT
PARKING LOT EXIT
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Agenda Item No. 16F2
April 26, 2005
Page 1 of 2
......""'.."-
EXECIJTIVE SUMMARY
Recommendation that the Board of County Commission en Award RFP #05-3775
for Environmental Consultant for Clam Bay Restoration to Turrell and Associates,
Inc.
___._n___. ,.___
OBJECTIVE: To award RFP #05-3775 for an Environmental Consultant for Clam Bay
KestoraJiQnto'furrell and AssocÌl~!es hic!.
'.r:'~
CONSIDERATIONS:
..-----
L, On January 7, 2005, a fonnal request for proposals was posted in the lobby of the
Purchasing Building and notices were sent to two hundred and eight (208) finns.
. The RFP opening was on February 4, 2005 with two (2) finns responding. A
'~':"¡FE-~;'Selection Committee meeting was held on February 23, 2005c.a.nd by consensus of
;;:.,;+C all members, Turrell and Associates, Inc. was considered the best qualified firm.
'.~"··Therefore, staff recommends that the Board of County Commissioners approve
' the award ofRFP #05-3775 to TutTell and Associates, Inc.
2. A contract has been satisfactorily negotiated with Turrell and Associates.
FISCAL IMPACT: Fiscal Impact for the first year of the contract for RFP #05-3775 is
$161,735.50 with funds available in the Clam Bay Operating Budget Fund 320.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners approve the award
ofRFP #05-3775 for Environmental Consultant for Calm Bay Restoration to Turrell and
Associates, Inc. and that the Chainnan be authorized to execute the contract upon
At~~JH~)' r~view. _==--=-- ____. ___
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PrêPärøgby: . Kyle Lukasz, Field Operations Manª&er, PeliQap Bay S~c~s pj.Yision
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Agenda Item No, 16F2
April 26. 2005
Page 2 of2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16F2
Recommendation that the Board of County Commissioners Award RFP #05-3775 for
Environmental Consultant for Clam Bay Restoration to Turrell and Associates, Inc.
4/26/2005 9:00:00 AM
Meeting Date
Prepared B)'
Date
Kyle Lukasz
Operations Manager
4/13/20057:59:16 AM
County Manager's Office
Pelican Bay Services
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
4/13/20054:04 PM
Approved By
Kyle Lukasz
Operations Manager
Date
County Manager's Office
Pelican Bay Services
4/13/2005 4:05 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
4/14/2005 4:06 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4/14/20055:36 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
4/15/200512:43 PM
Agenda Item No. 16F3
April 26, 2005
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation to approve an Interlocal Agreement between the North Naples Fire and
Rescue District and Collier County for an Advanced Life Support Engine Partnership
Program and approve the necessary Budget Amendment
OBJECTIVE: Recommendation that the Board of County Commissioners approve an
Interlocal Agreement between the North Naples Fire and Rescue District and Collier County for
an Advanced Life Support (ALS) Engine Partnership Program and approve a budget amendment.
CONSIDERATION: The public purpose of the Advanced Life Support (ALS) Engine
Partnership Program is to enhance advanced life support services to the North Naples Fire and
Rescue District (NNFD) by assigning a County EMS Paramedic/Firefighter to a NNFD vehicle.
In exchange for the County EMS Paramedic/Firefighter assigned to the NNFD vehicle, the
NNFD will assign a Firefighter/Paramedic or FirefighterÆMT to a County EMS Paramedic
vehicle. The partnership program enhances the current dispatch procedures by providing a more
rapid advanced life support response to 911 emergencies while maintaining the high quality of
County EMS paramedic services.
Similar programs have been implemented with the City of Naples and City of Marco Island fire
departments and the East Naples and Isles of Capri Fire Districts. The current ALS programs
have proven very successful. Since implementation, the ALS programs have significantly
contributed to improved patient outcomes and the saving of lives.
The Agreement has been approved by the NNFD Board at its April 14, 2005 meeting.
Per the Agreement terms, Collier County will supply the medical equipment necessary to equip
eight NNFD vehicles as non-transporting ALS vehicles. Cost of the equipment is $141,000.
FISCAL IMP ACT: FY -05 funds for the necessary medical equipment are available in Fund
350, EMS Impact Fees. A budget amendment is needed to transfer $141,000 from Fund 350
EMS Impact Fee Reserves, to Fund 350 project #550041, ALS Units County-wide.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATION: Staff recommends that the Board of County Commissioners approve
the Interlocal Agreement between the North Naples Fire Control and Rescue District and Collier
County for an Advanced Life Support (ALS) Engine Partnership Program and approve the
necessary budget amendment to fund the purchase of medical equipment.
PREPARED BY: Jeff Page, Chief, Emergency Medical Services Department
Agenda Item No. 16F3
April 26. 2005
Page 2 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16F3
Recommendation to approve an Interlocal Agreement between the North Naples Fire and
Rescue District and Collier COlmty for an Advanced life Support Engine Partnership
Program and approve the necessary Budget Amendment.
4/26/2005 9:00:00 AM
Meeting Date
Prepared By
Date
Jeff Page
EMS Chief
4/14/2005 2:48:52 PM
Bureau of Emergency Services EMS
Approved By
Darcy Waldron
Senior Administrative Assistant
Date
County Manager's Office
Emergency Management
4/14/20052:48 PM
Approved By
Dan E. Summers
Bureau of Emergency Services
Director
Date
County Manager's Office
Bureau of Emergency Services
4/14/2005 3:52 PM
Approved By
Jeff Page
EMS Chief
Date
Bureau of Emergency Services EMS
4/14/20054:10 PM
Approved By
OMS Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
4/15/20059:14 AM
Approved By
Susan Usher
Senior ManagemenUSudget Analyst
Date
County Manager's Office
Office of Management & Budget
4/16/200511:34AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4/17/20059:22 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
4/18/20054:33 PM
,.
INTERLOCALAGREEMENT
Agenda Item No. 16F3
April 26, 2005
Page 3 of 8
ADVANCED LIFE SUPPORT ENGINE PARTNERSHIP
THIS INTERLOCAL AGREEMENT, made and entered into this
day of 2005, by and between the Board of COWlty
Commissioners, Collier County, Florida, a political subdivision of the State
of Florida, hereinafter caned the '~COUNTY" and the NORTII NAPLES
FIRE CONTROL & RESCUE DISTRICT.
WITNESSETH
WHEREAS, the NORTH NAPLES FIRE CONTROL & RESCUE
DISTRICT and COUNTY will participate in consistent County Emergency
Medical Services (EMS) Department medical direction, First Response EMS
Paramedic Vehicle protocols, training and qua11ty assurance on a
countywide basis; and
WHEREAS, the NORTH NAPLES FIRE CONTROL & RESCUE
DISTRICT seeks to enhance EMS service further through a partnership with
COUNTY; and
WHEREAS, the Advanced Life Support (ALS) Engine Program partnership
provides for an NOR1H NAPLES FIRE CONTROL & RESCUE
DISTRICT FirefighterlParamedic and/or FiretighterÆMf work and train on
a COUNTY EMS Paramedic Unit providing advanced life support
paramedic duties and/or basic Hfe support EMT duties; and
WHEREAS. the Advanced Life Support (ALS) Engine Program partnership
also provides for the licensing of seven [7] additional NORTH NAPLES
FIRE CONTROL & RESCUE DISTRICT apparatus as ALS to provide
advanced )ife support coverage as outlined in COUNTY EMS medical
protocol; and
WHEREAS, The ALS Engine partnership provides for a COUNTY
ParamediclFirefighter to respond to 911 emergencies on a fire apparatus of
the NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT to provide
Advanced Life Support paramedic duties and fire suppression duties.
NOW, THEREFORE, In consideration of the above premises, and the
mutual covenants, tenns. and provisions contained herein, the COUNTY and
1
Agenda Item No. 16F3
April 26, 2005
Page 4 of 8
NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT agree as
follows:
SECTION I: COUNTY'S RESPONSI,ULIT¥
1.0 The following specific services, duties, and responsibilities will be the
obligation of the COUNTY, regarding the ALS Engine partnership.
1. I The COUNTY EMS Department, as a sole license provider of
advanced life support under Chapter 401, Fla. Stat. (2004) and Subtitle
64E-2, Fla. Admin. Code (2004) wilJ license and equip eight [8]
NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT fIre
apparatus as non-transporting ALS vehicles under the COUNTY EMS
license for the purpose of enhancing 911 medical responses.
1.2 The COUNTY EMS Department will provide one [1]
Paramedic/Firefighter to the NORTH NAPLES FIRE CONTROL &
RESCUE DISTRICT 365 days per year, 24 hours per day to be
utilized on a fire suppression vehicle licensed as an ALS
nontransporting W1it under the Board of County Commissioner's
authority pursuant to Chapter 40 I, Fla. Star. and Subtitle 64E-2, Fla.
Admin. Code.
1.3 As pursuant to Chapter 40 J, Fla. StaJ. and Subtitle 64E-2, Fla. Admin.
Code, the NORTH NAPLES FIRE CONTROL & RESCUE
DISTRICT may operate their licensed ALS apparatus as a BLS
response when a Paramedic does not staff the vehicle.
SECTION II: NORTH NAPLES FIRE CONTROL & tŒSCUE
DISTRICT'S RESPONSIBILITY
2.0 The NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT
shall provide and perform the fonawing specific services. duties and
responsibilities regarding the ALS Engine Partnership.
2.1 The NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT will
maintain eight [8] ALS Engine, Rescue or Ladder apparatus, licensed
and equipped by the COUNTY at various North Naples Fire Stations
and will respond to medical 911 emergencies as directed by the
COUNTY EMS medical protocol as an emergency medical response
and fire suppression vehicle.
2.2 The NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT will
allow the staffing of one [1] of their licensed ALS Engine, Rescue or
Ladder apparatus, with one [1] COUNTY ParamediclFirefighter which
is licensed and equipped by the COUNTY at North Naples Fire Station
2
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Agenda Item No. 16F3
Apríl 26, 2005
. Page 5 of 8
#44 and w1l1 respond to medical 911 emergencies as directed by the
COUNTY EMS protocol as an emergency medical response and fire
suppression vehicle. When appropriate manning is available the
additional seven (7] licensed apparatus may be staffed with NORTH
NAPLES FIRE CONTROL & RESCUE DISTRICT Paramedic(s).
2.3 The NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT will
provide one [1] FirefighterlParamedic or FirefighterÆMT to the
COUNTY at EMS Station #3 and win respond' to medical 911
emergencies as directed by the COUNTY EMS protocol as an
emergency medical response vehicle.
2.4 The NORm NAPLES FIRE CONTROL & RESCUE DISTRICT will
comply with the medical protocol, training and quality assurance
programs of the COUNTY.
SECTION III: MUTUAL COVENANTS
3.0 The COUNTY EMS Department will be responsible for assuring the
NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT
FirefighterlParamedics and/or FirefighterÆMTS meet all requirements
for licensure and recertification as Florida Certified Paramedics and/or
EMTs.
3.1 The COUNTY EMS Department and the NORTH NAPLES FIRE
CONTROL & RESCUE DISTRICT will provide each other's
department ParamediclFirefighter similar training and internship
programs as would be provided for a COUNTY or NORTH NAPLES
FIRE CONTROL & RESCUE DISTRICT employed
FirefighterlParamedic or FirefighterÆMT.
SECTION IV: OPERATING PROCEDURES
4.0 The NORTH NAPLES FIRE CONTROL & RESCUE DISTRJCT
FirefighterIPararnedics and FirefighterÆMTs will meet the same
requirements and perform under the same medical protocol, standard
operating procedures, quality assurance program, general orders and
chain of command as employees of the COUNTY EMS Department.
4.1 The COUNTY EMS Department ParamediclFirefighters win meet the
same requirements and perfonn under the same standard operating
procedures and chain of command as employees of the NORTH
NAPLES FIRE CONTROL & RESCUE DISTRICT.
4.2 The NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT and
COUNTY EMS Department will recognize the respective ranks of
assigned ParamediclFirefighters. COUNTY ParamediclFirefighters
3
Agenda Item No. 16F3
April 26, 2005
. . Page 6 of 8
WIll assume command on medical rescue calls. The NORTH NAPLES
FIRE CONTROL & RESCUE DISTRICT Firefighter/Paramedics or
FirefighterÆMTs will assume command on fire suppression calls.
Each department will provide the appropriate response of command
persolU1el to incidents as necessary to maintain adequate scene
command.
SECTION V: RESOLUTION OF CONFLICTS
5.0 If the two governing entities standard operating procedures, chain of
command or any other unforeseen circumstances come into conflict
regarding emergency medical patient care, these issues wiJI
immediately be decided in the foUowing manner;
1. First and foremost by the medical needs of the patient
2. The COUNTY ParamediclFirefighters and EMS command
structure will have fu II jurisdiction until the issues involving
the patient are resolved. ShouJd issues arise that are
unresolvable, the chain of command within each department
wiIJ come together in an attempt to resolve those issues at the
equivalent levels of each department and in unison move up
the chain of command as necessary.
SECTION VI: SCHEDULIN~
6.0 The NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT
Firefighter/Paramedics and Firefighter/EMTs will be assigned to a
medic unit located out of EMS Station #3, The COUNTY EMS
Department . ParamedicIFirefighters will be assigned to an ALS
apparatus located out of North Naples Fire Station #44.
6.1 The location of either apparatus assigrunent may be changed by mutual
consent between NORTH NAPLES FIRE CONTROL & RESCtÆ
DISTRICT and COUNTY EMS.
SECTION VII: AGREEMENT TERM
7.0 The InterlocaJ Agreement shall remain in full force and effect &om the
date first above written and shaH terminate and be up for review and
renegotiation after 3 years. Nothing within this agreement precludes
the NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT or
COUNTY from requesting mutuaUy agreed upon routine
modifications
4
Agenda Item No. 16F3
April 26, 2005
7.1 The COUNTY or the NORTH NAPLES FIRE CONTROL ¡{age 7 of 8
RESCUE DISTRICT may terminate this Interlocal Agreement prior to
completion of all terms of said Interlocal Agreement upon thirty [30]
days written notice to each other,
SECTION VIII: INSURANCE
8.0 The NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT and
COUNTY shall maintain insurance in the minimum amounts and types
required by Florida State Statutes,
8.1 The NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT and
COUNTY agree that either party may be self-insured on the condition
that all self-insurance must comply with all State laws and regulations
and must meet with the approval of the other party to this lnterlocal
Agreement.
SECTION IX: HOLD HARMLESS PROVISION
9.0 To the extent permitted by law and as limited by and pursuant to the
provisions of Section 768.28 Florida Statutes, the North Naples Fire
Control & Rescue District (hereafter referred to as "District") and the
Collier County Board of Commissioners (hereafter referred to as
"County") agree to hold harmless the other, their employees, and
agents against any and all claims and or damages arising from their
respective negligent acts as perfonned pursuant to this agreement.
Nothing is intended to alter either party' s immunity in tort or
otherwise impose liability on the District or the County when it would
not otherwise by law be responsible.
SECTION X: MISCELLANEOUS
10.0 This Interlocal Agreement shall be governed by and construed under
the laws of the State of Florida, In the event any litigation is instituted
by way of construction or enforcement of the Interlocal Agreement,
the party prevailing in said litigation shall be entitled to collect and
recover from the opposite party all court costs and other expenses,
including reasonable Attorney's fees.
10.1 It is understood that this Interlocal Agreement must be executed by
both parties prior to the NORTH NAPLES FIRE CONTROL &
RESCUE DISTRICT and COUNTY commencing with the work,
services, duties and responsibilities described heretofore.
5
Agenda Item No. 16F3
April 26, 2005
Page 8 of 8
10.2 Prior to its effectiveness, this Interlocal Agreement and any subsequent
amendments shaH be filed with the Clerk of Courts for the Circuit
Court for Collier County pursuant to FS 163.01 (II). The COUNTY
shall file said agreement as soon as practicable after approval and
execution by both parties.
IN WITNESS WHEREOF,., the parties hereto have caused this Interlocal
Agreement to be executed by their appropriate officials, as of the date first
above written.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Fred W. Coyle, Chairman
ATTEST
Dwight E. Brock, Clerk
Approved as to form and legal
Sufficiency:
~ Williams Hubbard
Assistant County Attorney
BOARD OF FIRE COMMISSIONERS OF
TIΠNORm NAPLES FIRE CONTROL
& RESCUE DISTRICT
By:
J. Christopher Lombardo, Chainnan
6
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Agenda Item No. 16F4
April 26, 2005
Page 1 of 14
EXECUTIVE SUMMARY
Recommendation to approve a one-year contract with HealthStream, Ine. to provide
Distance Learning Software for the Collier County Emergency Medical Services at
a cost of $28,080
OBJECTIVE: Approval of a one-year contract to provide distance-learning software for
the Emergency Medical Services Department (EMS) at a cost of$28,080.
CONSIDERATIONS: HealthStream, Inc. learning software will enable EMS educators
to develop custom online educational courses for delivery to all local emergency services
agencies. The software allows staff to train during nonnal work hours and at their nonnal
place of business thus alleviating the need to schedule all training during employees' "off
hours",
EMS training staff conducted a comprehensive review of software vendors and their
products, and has selected HealthStream, Inc. HealthStream, Inc. software allows users
easier access to more consistent and detailed clinical infonnation, and allows educators to
rapidly develop meaningful educational opportunities without having to work with third
party vendors or web development languages.
Purchasing staff has reviewed the infonnation collected and agrees with the EMS staff
recommendation to contract with HealthStream, Inc. for distance learning software.
FISCAL IMPACT: Funds in the amount of $28,080 are available for FY-05 in Fund
490 as adopted by the Board on September 23, 2004.
GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approve a one-year
contract with HealthStream, Inc. to provide distance learning software for the Collier
County Emergency Medical Services at a cost of $28,080.
PREPARED BY: Jorge Aguilera, EMS Division Chief
,'"''''
Agenda Item No. 16F4
April 26, 2005
Page 2 of 14
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16F4
Recommendation to approve a one-year contract with HealthStream, Inc. to provide
Distance Learning Software for the Collier County Emergency Medical Services at a cost of
$28,080.
4/26/20059:00:00 AM
Meeting Date
Prepared By
Date
Jorge Aguilera
Division Chief
4/13/20052:55:52 PM
Bureau of Emergency Services EMS
Approved By
Linda Jackson
Contracts Agent
Date
Administrative Services
Purchasing
4/13/20053:50 PM
Approved By
Jeff Page
EMS Chief
Date
Bureau of Emergency Services EMS
4/13/20053:53 PM
Approved By
Darcy Waldron
Senior Administrative Assistant
Date
County Manager's Office_ _
Emergency Manag~l!1e!1J_
4/13/20054:59 PM
Approved By
Dan E. Summers
Bureau of Emergency Services
Director
Date
County Manager's Office
Bureau of Emergency Services
4/14/20053:37 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
4/14/20054:05 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4/15/2005 1 :45 PM
Approved By
James V. Mudd
Board of Countÿ·-
Commissioners
County Manager
Date
.-
County Manager's Office
4/15/20054:18 PM
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Agenda Item No. 16F4
April 26, 2005
Page 3 of 14
l
Services and License Agreement
THIS SERVICES AND LICENSE AGREEMENT (the· Agreement") made this . - day of , 2005,
between HEAL THSTREAM, INC., a Tennessee corporation having its principal offices at 209 10m Ave. South, Suite
450, Nashville, Tennessee, 37203 ("HealthStream") and Collier County EMS, 3301 East Tamiami Naples, FL
34112 ("Client").
HealthStream, by its acceptance agrees to provide to Client HealthStream's Healthcare Learning CenterTM, based
on the Terms and Conditions attached hereto.
Aareement Amount:
Student. Administrator and Succor! Fees
Number of Students 540
Fee $ 52.00 oer Student/year
"Authoring Center included at no extra charge (value of $4.50 per Student per year)
Administration Trainina Fee - $ °
Term of Aoreement - -L Year(s) from the Launch Date clus (1) additional year ucon accrocriate budaetina and
accroval bv the Collier County Board of Countv Commissioners.
Launch Date - To be determined
Balance Due Uoon Execution - $ 28,080 P.O. AcceDtable Balance
Total Amount of Agreement· $
28.080.00
Client by its signature acknowledges that it has read this Agreement and all exhibits and attachments, understands
its terms and contents and that it constitutes the entire agreement, understanding and representation, express or
implied, between Client and HealthStream with respect to the HealthStream Courseware and Services (as defined
herein) to be furnished herein and that this Agreement supersedes all prior communications between the parties
including all oral or written proposals. This Agreement may be modified or amended only by a written instrument
signed by duly authorized representatives of Client and HealthStream.
IN WITNESS WHEREOF, and intending to be legally bound hereby, each party hereto warrants and represents
that this Agreement has been duly authorized by all necessary corporate action and that this Agreement has been
duly executed by and constitutes a valid and binding Agreement of that party. All signed copies of this Agreement
shall be deemed originals.
Board of County Commissioners
Collier County. Florida
By:
Fred W. Coyle, Chairman
Hea1tbS...... "º\ .
B~J.u--.v- :j,,,k
Bob Wiemer, Vice President
Approved as to fonn & legal sufficiency:
By:
Scott R. Teach
Assistant County Attorney
,.
Agenda Item No. 16F4
April 26, 2005
Page 4 of 14
TERMS AND CONDITIONS
1. Definition.. As used In this Agreement, the following terms
shall have the meanings assigned below:
1.1. "Confidential Information" shall mean the Personal
Information as defined herein, finaneJal and tax Information, the
object and source codes and documentation for proprietary
software, and such other Information that Is confidential or
proprietary business Information and delivered or disclosed pursuant
to this Agreement.
1.2. "Emeroencv Medical Services (-EMS") Courses" shall
mean the courses in HealthStream's proprietary library of online
continuing education for EMS professionals, Hsted on Exhibit B
attached hereto, that are a subset of the HealthStream Courseware
and as well as any future module developed and selected by
HealthStream to be Included during the term of this Agreement. The
EMS Courses have been approved for EMS continuing education by
tha Continuing Education Coordinating Board for Emergency
Medical Services (CeCBEMS).
1.3. "Gateways" shall mean the online Web sites enabled by
HealthStream Web-based applications that allow Students to access
the Services offered pursuant to the terms of this Agreement.
Gateways are designed to be Client specific In branding and
IdentificatIon pursuant to Section 2 herein.
1.4. "HealthStream Courseware" shall mean those courses
subscribed to by Client that are the proprietary property of
HealthStream or licensed to HealthStream by a third party and
provided to Students through the Gateways pursuant to the terms of
this Agreement or any amendments hereto.
1.5. "Launch Date" shall mean the elate on which the Gateway
Is operational, Client's system administrator has logon capabilities to
access the Healthcare Leamlng Center"" and Client's database of
Students have been loaded into the Healthcare learning Center's
database. In no event. however shall the Launch Date be later than
the date set forth on the first page of this Agreement.
1,6. "Personal Information" shall mean information submitted
by Students for personal identification. Such Personal Information
may include the name, soeJal security number and contact
Infonnatlon for Students.
1. 7. "~" shall mean the Healthcare Learning Center""
which Includes Student Services, Administrator Sarvlces, Support
Services, Training and Implementation Services, Gateway
Initialization Services, and all updates and upgrades to those
Services developed by HealthStream in Its sole discretion in the
normal course of Its business, together with all and other services as
provided by HealthStream to Client pursuant to the tenns of this
Agreement.
1.8. "~. shall mean authorized users of the Services
that may require user registration and authentication In compliance
with terms of the Services.
1.9. "User Data· shall mean the Personal Information and
other data submitted and generated by Students under this
Agreement. User Data shall also Include the educational transcript
of Students relating to the Services.
2. Service.. For the fees specified In Article 3 herein,
HealthStream shall perform the Services for Client and its Students
based upon the terms of this Agreement.
2.1. Student Services. HealthStream hereby agrees to
maintain, at Its cost, Gateways on the Worid Wide Web so that
Students may through the use of a password on the Gateway (1)
Services and Ueense Agreement
register on the Gateway; (2) search, .elect, enroll In and take
HealthStream Courseware; (3) take HealthStream Courseware
exams and have exams graded and scored; and (4) access own
User Data.
2.2. Administrator Services. HealthStream will provide access
to management services that allow specified Client personnel to
Identify Students and assign HealthStream Courseware and Client
Courseware to Students. HealthStream will provide access to
services that allow specified Client personnel to access reports that
document the completion of HealthStream Courseware and Client
Courseware by Students.
2.3. SUDoort Serv\ce i. HealthStream shall provide to Client
access to HealthStream's support personnel via e-mail and
telephone to obtain answers to questions regarding the routine
provision of Student Services and Administrator Services. Support
Services shall be available to the Client through one (1) local system
administrator for each location utillzjng the Services from 8:00 AM to
6:00 PM Central Time, Monday through Friday, except for normal
holidays.
2.4. Gatewav Initialization Services. HealthStream shall set up
each Gateway for operation for Client according to the speeJficatlons
described In Ex!1lblt A attached hereto (the "Gateway Initialization
Services").
2.5. Imolementatlon and TrainlnQ ServiCf/R. HealthStream will
conduct Initial administrator training and perform implementation as
set forth on ~ attached hereto.
3, Servlc. Placem.nt and F....
3.1, Service and License Fees. The fee for Student,
Administrator and Support Services shall be the fee shown on the
first page of this Agreement. This fee Is subject to change if the
number of Students exceeds the number on the first page of this
Agreement or HealthStream Courseware is subscribed to In addition
to the EMS Courses. The fee shall be due upon execution of this
Agreement. Client shall pay HealthStream the fees set forth on
~ attached hereto for Administration Training.
3.2. EIn!1Int. The fees for Student, Administrator and
Support Services are due and payable within thirty (30) days after
execution of this Agreement In accordance with the ·Florlda Prompt
Payment Act." Fees remainIng unpaid after thirty (30) days from
execution of this Agreement will be subject to a late fee of 1.5% per
month,
4. Int.lI.ctual Property.
4.1. Prohibited Use of HealthStream Courseware. The portion
of the HealthStream Courseware subscribed to by Client may be
accessed by Client and any Student. but only for the purposes
described herein. The HealthStream Courseware is protected In the
U,S. and Internationally by a variety of laws, Including without
limitation, copyright laws, trademark laws end other proprietary
rights lews. Client and Students are granted pennlsslon to access
HealthStream Courseware from HealthStream, but only for purposes
of viewing, browsing or ordering products and services from
HealthStream. HealthStream Is not granting Client or any Student
permission to use the HealthStream Courseware other than as
expressly stated in this Agreement. Except as stated herein and In
Section 5 hereof, none of the HealthStream Courseware may be
copied, reproduced, distributed, republished, downloaded,
displayed, posted or transmitted, In any fonn or by any means.
including without limitation, electronic, mechanical, photocopying, or
2
"·'·~~_'--___M._^
recording, without the prior written permission of HealthStream.
HealthStream or Its licensors retain all right. title and Interest to the
HealthStream Courseware.
4.2. Trademarks. The trademarks. service marks. and logos
(collectively, the "Trademarks") used and displayed on the
HealthStream Courseware are registered and unregistered
trademarks of HeelthStream, Its licensors, Client. and others.
Nothing in this Agreement. the Gateway or on any HealthStream
Web site should be construed as granting, by implication, estoppel,
or otherwise, any license or right to use any Trademark displayed on
the Gateway or on any HealthStream Web site, without the express
written permission of the Trademark owner. Client and
HealthStream will refrain from Issuing each other's name or logo as
a link to any network site unless establishment of such a link is
approved In advance and in writing by the owner of the name or
logo.
5. Client and Student Conduct.
Client and Students may access the portion of the HealthStream
Courseware located on the Gateways for non-commercial use.
provided that Client retains all copyright. trademark and other
proprietary notices contained in such HealthStream Courseware in
all printed and other copies. Client and Students may not de-
compile, reverse engineer. modify. copy. distribute, transmit,
display, perform. reproduce, publish, license, create derivative works
from. transfer, or sell any information. software. products. or
servlcas obtained from the Gateways or the Authoring Studio. In no
event may Client or any Student. directly or indirectly, sell or offer for
sale any portion of the HealthStream Courseware located on the
Gateways or upload. distribute, or otherwise publish any portion of
the HealthStream Courseware in any other form or medium. Neither
Client nor any Student shall knowingly upload to, or distribute or
otherwise publish through the Gateways any content that violates or
infringes the rights of any persons, including but not limited to, rights
In copyrights. patents. trademarks. trade secrets, and other
proprietary rights.
6. Warranties and Representations.
Client warrants and represents that Client shall not allow any other
entity or third party to purchase. license or sublicense the Services;
Client shall be responsible for any and all taxes, if any, other than
HealthStream income tax, applicable to or In connection with the
services rendered by HeelthStream pursuant to the terms of this
Agreement: and the content submitted to HealthStream for the
Gateway Initialization Services shall not knowingly infringe any
patents, copyrights, trade secrets, or other proprietary rights of any
third parties, and Client will have no reason to believe that any such
infringement or claims thereof could be made by third parties.
7. Disclaimer of Warrantl.. and Limitation of Liability.
THE WARRANTIES CONTAINED HEREIN REPRESENT THE
ENTIRE WARRANTY OF HEAL THSTREAM WITH RESPECT TO
THIS AGREEMENT, AND ARE IN LIEU OF ANY AND ALL OTHER
WARRANTIES. WRITTEN OR ORAL. EXPRESS OR IMPLIED.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE
GATEWAYS AND THE SERVICES AND ALL OTHER
OBLIGATIONS PROVIDED BY HEALTHSTREAM PURSUANT TO
THE TERMS OF THIS AGREEMENT ARE PROVIDED "AS-IS"
WITHOUT ANY WARRANTIES OF ANY KIND. EITHER EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
IN NO EVENT SHALL EITHER PARTY. OR THEIR PARENT
Services and License Agreement
Agenda Item No. 16F4
April 26. 2005
Page 5 of 14
COMPANIES AND AFFILIATES, OR ANY OF THEIR OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS. REPRESENTATIVES.
CONTENT PARTNERS, OR LICENSORS BE LIABLE FOR ANY
INDIRECT. INCIDENTAL. SPECIAL. CONSEQUENTIAL,
PUNITIVE, OR OTHER DAMAGES RESULTING FROM USE OF
THE GATEWAYS. ITS CONTENT OR LINKS, INCLUDING, BUT
NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS. USE.
DATA OR OTHER INTANGIBLES, EVEN IF A PARTY HAD BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
CASE SHALL THE AMOUNT OF DAMAGES PAYABLE TD CLIENT
FROM ANY AND ALL PARTIES FOR ANY CLAIM ARISING FROM
THE SERVICES OR THIS AGREEMENT (INCLUDING, WITHOUT
LIMITATION, ITS WARRANTY PROVISIONS) EXCEED THE
AMOUNTS PAID BY CLIENT TO HEAL THSTREAM UNDER THIS
AGREEMENT. The amount of damages for which the Client may be
liable shall be limited as provided by sovereign immunity under
Florida law.
8. Indemnity
Both parties shall defend, indemnify and hold the other party, its
officers, directors, employees, consultants and agents harmless
from any loss, liability, damage. cost. or expense (including
reasonable counsel fees and litigation costs), arising out of any
claims or suits that may be made or brought by reason of the breach
or alleged breach of the warranties or representations contained
herein, or by reason of any infringement or alleged infringement of
any patent. trademark. copyright or trade secret right resulting from
the Services or Gateways.
9. Term and Termination.
9.1 Ismn. This Agreement shall be in effect for the duration
shown on the first page of this Agreement.
9.2 Termination or Cancellation. This Agreement may be
terminated or canceled upon tha occurrence of one or more of the
following events: by either party If the other party seeks protection
under the bankruptcy laws (other than as a creditor) or any
assignment is made for the benefit of creditors or a trustee Is
appointed for all or any portion of such party's assets; by either party
In the event that the other party hereto has materially breached this
Agreement; provtded, however, that no such termination shall be
effectivlt unless (i) the terminating party provides the written notice
("Termination Notice") via ovemlght courier to the other party setting
forth the facts and circumstances constituting the breach. and (ii) the
party alleged to be In default does not cure such default within ten
(10) business days following receipt of the Termination Notice. In the
event that the nature of the default specified in the Termination
Notice cannot be reasonably cured within ten (10) business days
following receipt of the Termination Notice, a party shall not be
deemed to be in default If such party shall. within such ten (10) day
period, present a schedule to cure the default, commences curing
such default and thereafter diligently executes the same to
completion within ninety (90) days. If the breach specified In the
Termination Notice Is timely cured or cure is commenced and
diligently pursued. as provided above. the Termination Notice shall
be deemed rescinded and this Agreement shall continue in full force
and effect. Notwithstanding the foregoing. all Termination Notices for
non-payment must be cured within thirty (30) days of receipt. In the
event the default specified In the Termination Notice cennot be
reasonably cured at all, a party shall be deemed to be in default.
9.3 Post Termination Obllaatlons. In the event of termination
of this Agreement by HealthStream due to a default by Client. all
fees previously due or owing by Client and Students as of the date
of termination wiil be Immediately due and payable In full. In the
event of termination of this Agreement by Client due to a default by
HealthSb'eam, HealthStream shall reimburse Client for any amounts
paid by Client or Students for Services not provided prior to
3
termination. This Is in addition to any other remedies available to
the parties at law. HealthStream shall provide all User Data to
Client electronically in a text file format within thirty (30) days of
termination of this Agreement for any reason.
10. Non-disclosure
10.1 Except as otherwise provided in this Agreement, both
parties expressly undertake to retain In confidence all Confidential
Information, and will make no use of such information except under
the terms and during the existence of this Agreement.
HealthStream may disclose Confidential Information as required by
governmental or judicial order, provided HealthStream gives Client
prompt notice of such order and complies with any confidentiality or
protective order (or eQuivalent) Imposed on such disclosure.
10.2 In the regular course of performing the Services,
HealthStream may distribute certain User Data to licensing
organizations for the benefit of Students. The release of such
Information Is consistent with the current practice used by Students
themselves when reporting educational activity for credit toward
professional licensure. HealthStream will release only the minimum
information required by these organizations to adeQuately credit
Students for educational activities completed.
10.3 Client grants HeatthStream an unrestricted, royalty-free,
irrevocable license to maintain and distribute aggregated
compilations of User Data ("Aggregated Data") such that Personal
Information and the identity of Client Is not included. Aggregated
Data will be used for measurement of performance norms for all
HealthStream clients and will likewise Include performance
Information generated by other HealthStream clients. The process
of collecting and generating Aggregated Data assists HealthStream
clients to maximize the effectiveness of the· Services for their
employees. HealthStream will adhere to all Department of Hearth
and Human Services or United States governmental regulations
regarding privacy of User Data. The right to maintain and distribute
Aggregated Data shall survive this Agreement. HealthStream will
provide Client with Aggregated Data upon request.
11. Miscellaneous
11.1. Attomevs' Fees. In the event of breach by either party of
any provision contained In this Agreement, the prevailing party shall
be entitled to recover Its reasonable attorneys' fees and costs
incurred in enforcement of the provisions of this Agreement against
the defaulting or breaching party.
11.1 Headlnr¡¡s. Captions and headings to sections are
included solely for convenience and are not Intended to affect the
Interpretation of any provision of this Agreement.
11.2. Amendments In Writlno. No amendment, modification. or
waiver of any provision of this Agreement shall be effective unless it
Is set forth In a writing that refers to this Agreement and Is executed
by an authorized representative of each party hereto. No failure or
delay by any party in exercising any right. power, or remedy will
operate as a waiver of any such right, power, or remedy.
SefVÍC8S Bnd License Agreement
"-"~--_..._-~.",. .' "."'.' ._-._~.~
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Agenda Item No. 16F4
April 26, 2005
Page 6 of 14
11.3. Third PartY Rlahts. Except for Students, this Agreement Is
not Intended and shall not be construed to create any rights for any
third party.
11.4. Force Maieure. Neither party shall be liable nor deemed
to be In default of Its obligations hereunder for any delay or failure In
performance under this Agreement or other Interruption of service
resulting, directly or indirectly, from acts of God, civil or military
authority, any acts of war or civil unrest Including, but not limited to,
terrorist attacks, accidents, natural disasters or catastrophes, or
strikes.
11.5. Indeeendent Contractors. Each party to this Agreement Is
an Independent contractor and this Agreement shall not be
construed as creating a joint venture, partnership, agency or
employment relationship between the parties hereto nor shalt either
party have the right, power or authority to create any obligation or
duty, express or implied, on behalf of the other.
11.6. Entire Acreament: Severabilltv. This Agreement. together
with the schedules and other attachments referenced herein,
contains a full and complete expression of the rights and obligations
of the parties hereto. If any provision of this Agreement conflicts with
any schedule or attachment to this Agreement, this Agreement shall
control with respect to the subject matter of such attachment. This
Agreement supersedes any and ail other previous Agreements.
written or oral. made by the parties concemlng the subject matter
hereof. If any provision of this Agreement Is finally held by a court or
arbitration panel of competent Jurisdiction to be unlawful, the
remaining provisions of this Agreement shall remain In futl force and
effect to the extent that the parties' Intent can be lawfully enforced.
Without limiting the generality of the foregoing, It Is expressly agreed
that the terms of any Client purchase order will be subject to the
terms of this Agreement and that any acceptance of a purchase
order by HealthStream will be for acknowledgment purposes only
and none of the terms set forth in the purchase order will be binding
upon HealthStream.
11.7. ~. HealthStream may identify Client as its
customer and use Client's name In suitable advertising, press
releases, and sales presentations as long as contract In force.
Otherwise, HealthStream and Client will net use the name, service
marks. trademarks, or trade secrets of the other party or eny of its
affiliates for any purpose without the other party's written consent.
11.8. Asslcnment. SubSldl~r;tes. and Successors. It is
understood and agreed that the parties are entering into this
Agreement not only for their own benefit but also and equally for the
direct benefit of their subsidiaries and affiliates, present and future,
and that each and every right. benefit, remedy, and warranty
accruing to the parties hereunder likewise accrue to the subsidiaries
and affiliates of the parties, Including but not limited to the right to
enforce this Agreement in their respective names. This Agreement
shall Inure to the benefit of and be binding on any respective
successors and permitted assigns of the parties.
11.9, ~. In the event of termination of this Agreement,
Articles 4, 5, 6, 7, 8, 10 and 11 shall continue in effect In accordance
with their terms.
4
Agenda Item No. 16F4
April 26, 2005
Page 7 of 14
Exhibit A
Gateway Initialization Services
HealthStream's Gateway Initialization Services wíll consist of the following processes required to make
each Gateway operational. The processes below are not chronologically organized; selected
processes below may be managed concurrently. Additional processes may be required to ensure each
Gateway is made operational rapidly and efficiently.
1. User Import - HealthStream will import Client Personal Information into the e-Learnlng Service
database so that each Student is recognized by the Gateway.
Requirements from Client to complete User Imporl:
Provide Personal Information for each Student (per separate specification).
Approve integrity of Personal Information imported into the database.
2. Administrative Orientation - HealthStream will provide an overview of Healthcare Learning
CenterTM operation and administrative procedures to select Client personnel.
Requirements from Client to complete Administrative Orientation:
Ensure key Client personnel attend HealthStream's training and implementation
sessions as described in Section 2.5 herein.
',^-"-~-_."....,.--,~,.
Agenda Item No. 16F4
April 26, 2005
Page 8 of 14
EXHIBIT B
EMERGENCY MEDICAL SERVICES CONTENT
CE
Course Title.lToølc Hours
EMS - 12-Lead ECG and Flbrlnolvtic Screenina for AMI 1.50
EMS - Abdominal and Genital Trauma 1.00
EMS - Advanced Alrwav Maneaement 1.00
EMS - Advanced Assessment and Manaaement of the Shock Pallent 1.00
EMS - Advanced Cardiac Assessment 1.00
EMS - Advanced Cardiac Pharmacoloov 1.25
EMS - Advanced Manaaement of Environmental Emeraencies 1.50
EMS - Assessment and Care Durino the First Four Weeks of Life 1.50
EMS - Assessment and Manaoement of the Geriatric Patient 1.50
EMS - Assessment and Manaaement of the PedlatT1c Patient 1.50
EMS - Basic Alrwav Manaoement 1.00
EMS - Basic Assessment & Manaaement of the Patient with Pulmonarv Issues 1.00
EMS - Basic Cardiac Assessment 1.00
EMS· Basic Patient Assessment 1.00
EMS - Brain Attack: New and Emeralno Therapies 1.50
EMS - Bum Trauma: From the Field to the Hospital 1.50
EMS - Children with SDeClal Health Care Needs 1.25
EMS - Infections of the Resolratorv SYStem 2.00
EMS - Liahtnlna StT1kes 1.00
EMS - Manaalng MultlDle Patients In a Mass Casualtv Event 1.00
EMS - Managing Stress In a Stressful Occupation 1.00
EMS - Managlna Thoracic Trauma 1.00
EMS - Medical Causes of Altered Mental Status 1.00
EMS - Medical Conditions Involvina the Endocrine SYStem 1.00
EMS - Medication Toxlcitv 1.25
EMS - Pharmacologv for the EMT -Basic 1.00
EMS - PharmacoloGv Uodate for the Paramedic 1.00
EMS - Prehospltal Manaaement of Non-Traumatic Shock 2.00
EMS - Safe Management of the Behavioral Emeraencles Patient 1.00
EMS - The EMS Reseonse to Toxic EXDosures 1.00
EMS - The Traumatic Effects of Mechanism of Injurv 1.25
EMS - Theraoeutlc Communications 1.00
EMS - Traumatic Brain Injury 1.00
EMS Resoonse to Domestic VIolence 1.00
EMS Resoonse to Terrorism lHazMst\ 5.50
Medical Leaal Asoects of EMS 1.00
Airway Manaaement for Children with Soecial Healthcare Needs 1.00
PrehosDltallmollcatlons for HIV/AIDS Manaoement 2.50
Airwav Manaoement for Children with Tracheostomies 1.00
IV Theraev 1.00
Current Trends In Management of Selnal Cord Inlury 1.00
FIrehose/tal Care of Preanancv and Common Comollcatlons 1.00
PrehoSPital Aspects of Gvnocoloalcal Conditions 1.00
Airway Manaaement for Adults with Scecial Healthcare Needs 1.00
Airway Comcromise in Trauma Patients: Pediatric and Adult Considerations 1.00
Agenda Item No. 16F4
April 26, 2005
Page 9 of 14
Exhibit C
Implementation Services and
Administration Training
Clients will be provided assistance with an account manager during the implementation process.
Implementation consists of four (4) basic steps:
1. General coordination and overview of Client organization and education requirements;
2. Technical consultation regarding reporting structure and Student database preparation for
import;
3. Basic planning for Client roll-out and organizational usage of the Healthcare Learning
Center; and
4. Review and acceptance of the Gateway and User Data structure.
Client may send two (2) people to HealthStream's offices in Nashville for Healthcare Learning CenterTM
Basic Administration Training. This training covers the basics of using the Healthcare Learning
CenterTM from the administrator and Student perspective. It does not include training on the Authoring
Studio or additional products purchased through the Healthcare Learning Center. Client must pay for
their own travel, hotel, and incidental expenses.
Client may send additional personnel for $750.00 per person. Additional or refresher training is priced
as follows:
Nashville
$750.00 per person. Client pays own travel, hotel, and incidental expenses.
Client Site
$2,500.00 per day with a maximum of 8 people. Client pays HealthStream's reasonable travel, hotel,
and incidental expenses.
Agenda ItefT! No. 16F4
:ACOFlQ" INSURANCE BINDER
Page rmcof 14
PAGE 1 OF 3 14-OCT-2004
THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM.
PRODUCER j61 812·3700 Pederal~œCoDlPIU1Y BIND # 0005635.2-01
W1WS OF TENNESSEE.
NASHVILLE OFFICE
P. O. BOX 305025
26 CENTURY BLVD.
NASHVILLE TN 37230-5025
AN
PM
X THIS BINDER is ISSIJED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY
PEREXPIRINQ POUCYiI: 35392051
D£SCRIPTlON OF OP£RATIONSNEHICLESiPROPER'TY ~ncIudI"" Ux::IIIIon)
Commercial Package
Assigned Policy I: 35392051
DATE EfFECTIVE
235312
HealthStream. Inc.
Suite 450 .
209 10th Avenue South
Nashville TN 37203
SUB CODE:
COVERAGES
TYPE OF INSURANCE COVERAGE/FORMS DEDUCTIBLE COINS,. AMOUNT
~PERTY CAUSES OF lOSS Blanket Personal Property and EDP . Loc 1 & we 2 $1.000 90 6.441.682
_ BASIC 0 1f«)AD 00 SPEC Blanket Business Inconie with Extra Expense . Lac 1 & 2 N/A 1,000,000
Improvements and Betterments - Location 1 1.222.779
Improvements and Bettennents - Location 2 $36.860
~ERAL LIAIIIUTY !i!::E $ 2 000 oor
X COMMERCIAL GENERAl. UABlU'TY $ 2 000 ()()(
I CLAIMS MADE ŒJoCCUR MED EXP (Juw __I $ 10. ()()(
'-- OWNERSICONmACT'ORS PROT PERSONAL.14l1V INJURY I 2 000 oor
GENERALAGGIŒGATE $ 2 OOO.OO(
RETRO DATE FOR CLAIMS MADE: PRODUCTS. COMPfOP AGG $ 2 000 DOl
~M08It.E LlA8ILl1Y COMBINED SINGLE UMrr $
- ANY AIITO BODILV INJURY $
- AU. OWNED AUTOS BODIL V INJURV $
""'"'"-' SCHEDlJLED AU10S "" . "" ~'.' PROPERTY"DAMAGE· $
- HIRED AIJTOS MEDICAL PAYMENTS I
--:- NON-OWNED AlJTOS PERSONAl INJURY PIlOT $
- UNINSURED MOTORIST $.
$
AUTO PHYSICAL OAW.GE DEDUCTIBLE ~AU.VEHlCLES "" [] SCHEDULED VEHICLES ACTUAL. CASH VAUJE
R "COWSlON: STATEDAMOUKT $
OTH!'R "NAN t"n, . OTHER
~ARAGE UABIU'TY AUTO ONt V - fA ACCIDENT $
I- ANYAUTO OTHER THAN AUTO ONL V:
: EACH ACC10EKT $
AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE $
~ UMIIIU!U.A FORM AGGREGATE $
OTHER THAN UMBRELlA RJRM RETRO DATE FOR ClAIMS MADE: SELFoINSURED RETEÑTION $
WCSTAiurORY UMrrs
WORKER'S COMPENSAnON E.L EACH ACCIOEKT $
AND
EMPLOYER'S LlABI.I'TY E.L DISEASE· fA EMPLOYEE $
E.L DISEASE· POUCV UMIT I
SPECIAL FEES $
CONDmONSf See Attached.
OTHER TAXES $
COVERAGES ESTIMATED TOTAl PREMIUM $
l.IMITS
NAME &. ADDRESS
I«JRTGAGEE
LOSS PAYEE
,
ADDmONAlINSURED
ACORD 75 (2001/01)
ð. (,t).x=z?~
NOTE: IMPORTANT STATE INFORMATION ON REVERSE SIDE
<C> ACORD CORPORATION 1993
.~""--,..._._-
Agenda Ite~ No. 16F4
PAGE 2 OF 3
Attached to and forming part of Binder No. 00056352-01
He~thS1ream. Ine.
CONDITIONS
This Company binds the klnd(s) of insurance stipulated on the reverse side. The Insurance is subject to the
terms, conditions and limitations of the pollcyOes) in current use by the Company.
This binder may be cancelled by the Insured by surrendef of this bindef or by written notice to the Company
stating when cancellation will be effective. .This binder may be cancelled by the Company by notice to the
Insured In accordance with the policy conditions. This bindef is cancelled when replaced by a policy. If this
binder is nat replaced by a policy. the Company is entitled to charge a premium for the binder according to the
Rules and Rates in use by the Company.
Applicable in California
When this form is used to prolÍide insurance In the amount of one million dollars ($1,000,000) or more, the title
of the form is changed from "Insurance Bi'lder" to "Cover Note".
Applicable In Delaware
The mangegee or Obligee of any mortgage or other instrument given for the M'pOse of creating a lien on real
property shall accept as evidence of insurance a written binder issued by an authorized insurer or its· agent if
the binder includes or is accompanied by: the name .and address of theborroWer;lhe name and address oUhe
lender as loss payee; a description of the insured real property; a' provision lhat the binder may not be canceled
within the term of the binder unless the lender and the insured borrower receive written notice of the cancel-
lalion at least ten (10) days prior to the canceUaôon; except in the case of a renewal of a policy subsequent to
the closing of the loan, a paid receipt of the full amount of the applicable premium, and the amount of
insurance coverage.
Chapter Z1 TItle 25 Paragraph Z1' 9
Applicable in Florida
Except for AUlo Insurance coverage, no notice of cancellation Of nonrenewal of a binder is required unless the
duration of the binder exceeds 50 dayS. For auto insurance, the insurer must give 5 days prior notice, unless
the binder is replaced by a policy or another binder in the same company.
. Applicable In Nevada
Any person who refuses to accept a binder which provides coverage of less than $1,000,000.00 when proof is
required: (A) Shall be fined not more than $500.00, and (B) is liable to the party presenting the binder as proof
of insurance for actual damages sustained therefrom.
ACORD 75 (2001101)
PRODUCER
- WILUS OF TENNESSEE;
NASHV1LLE OFFICE
P. O. BOX 305025
26 CENTURY BLVD.
NASHVILI.E TN 37230-5025
Agenda Ite~ No. 16F4
AM
PM
14-DEC-2004
D"TE EXPIRATION TIME
X 12:01 AM
NOON
. 235 12
HeaJthStream. Ine.
Suite 450 .
209 10th Avenue South
Nashvßle TN 37203
sua CODE:
X THIS BINDER IS ISSUED TO ~!'f'GE IN THE ABOVE NN4ED COMPANY
PER EXPIRING POLICY,., .
CODE:
when not at location 1 or 2 . or white in transit
Deduct i b 18:
$1.000 All coverages except Business Income and Extra Expense
$3.500 Laptop comþ~ters when not at locltio~ 1 or 2 or white in transit
24 Hours -Busin~ss Income and Extra Expense
-
Agenda Item No. 16F4
A ril 26 2005
age
PAGE 1 OF 2 14..QCT-2004
THIS BINDER IS A TEMPORARY INSURANCE CONTRACT. SUBJECT TO THE CONDmONS SHOWN ON THE REVERSE SIDE OF THIS FORM.
PRODUCER : 615) 872-3700 hc1eta1~uzanceCompany #
C/O Chubb Groll 00056349-01
DATE EFFECT1VE DATE EXPIRATION TIME
ÞN 14-NOV-2004 X 12:01 AM
PM NOON
·ACORD,. INSURANCE BINDER
WILLIS OF TENNESSEE.
NASHVILLE OFFICE
P. O. BOX 305025
26 CENTURy BLVD.
NASHVILLE TN 3723Q.5025
X THIS BINDER IS ISSUED TO EXTEND COVERÁGE IN '!ME ABOVE NAMED COMPAN'f
PER EXPIRING POUCY #: 79763334 .
DESCRlP110N OF CPERAT1ONS/YEHICLES/PROPERTY (including Locetion)
Umbre 111
Assigned Policy 179763334
SUB CODE:
235312
o
HealthStream. Inc.
Suite 450
209 10th Avenue South
Nashville TN 37203
COVERAGES
UMITS
TYPE OF NSURANCE COVERAGElFORMS DEDUCTI8l.E CCINS '" AMOUNT
PROPERTY CAUSES OF LOSS
:== BASIC 0 BROAD 0 SPEC
I--
~ERAL LIABILITY EACH OCCURRENCE S
TD
I-- OEROALGENERAL UABlUTY S
r-- CI.AIMS MADE 0 OCCUR MED EXPI~_-\ S
I-- OWNERSICONrRACTORS PROT PERSONAl... NN INJURY S
GENERAL AGGREGATE S
REmO DATE FOR ClAIMS MADE: -COMPIOP ""'G ,.
AUTCNOIIIl.E UA8IU'TY COMBINED SINGLE UMIT S
I-- ,
I-- /WV AlJT'O BODItY INJURY S
- AlL OWNED AlJTOS BOctLYItJURY S
SCHEDULEnAUTOS .... ÞRoPERiYDAMÁGE ... S . N_'__"
=---
- HIRED AUTOS MEDICAl PAYMENTS S
- NON-OWNED AUTOS PERSONAL INJURY PROT S
I-- UNINSURED MOTORIST S
S
R PHYSICAL DAMAGE DEDUC'!1BLE W ALL VEHICLES U SCHEDULED VEHICLES ACI\JA1. CASH VALUE
COUJSION: STATED AMOUNT S
ClIL' OTHER -
GARAGE UABlWTY AUTO ONly· EA ACCIDENT S
d p,¡.¡y AUTO OTHER TIiAN AUTO ONLY:
EACH ACCIDENT S
! AGGREGATE S
EXCESS UABILITY EACH OCCURRENCE S 1 , 000 , C)O(
~ UM8REI.L.A FORM AGGREGATE S 1 000 , C)O(
OTHER TIiAN UMBREUA FORM RE1RO DATE FOR CLAIMS MADE: SEIJ'oINSURED RETENTION S
we STATUTORY UMrrs
WORKER'S COMPENSATION E.L. EACH ACCIDENT S
AND
EMPLOYER'S UABILfIY E.L. DISEASE· EA EMPLOYEE S
EJ., DISEASE - POUCY UMlT S
SPECIAl. FEES S
CoNDmONSl TAXES
OTHER S
COVERAGES ESTIMATED TOTAl PREMIUM s
NAME & ADDRESS
MORTGAGEE
LOSS PAYEE
#
ADDmoNALlNSURED
~ éÞ.:iZ1~
ACORD 75 (2001101)
NOTE: IMPORTANT STATE INFORMATION ON REVERSE SIDE
@ACORD CORPORATION 1993
Agenda te~ No. 16F4
PAGE 2 OF 2 Page 14 of 14
Attached to and forming part of Binder No. 00056349-01
HealthStream. Inc.
-
CONDITIONS
This Company binds the kind(s) of insurance stipulated on the reverse side. The Insurance is subject to the
terms, conditions and limitations of the poficy(ies) in current use by the Company.
This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company
stating when cancellation will be effective. This binder may be cancelled by the Company by notice to the
Insured in accordanèe with the policy conditions. This binder is cancelled when replaced by a policy. If this
binder is not replaced by a policy, the Company Is entftled to charge a premium for the binder according to the
,Rules and Rates in use by the Company. '
Applicable in California
When rh/s form Is used to provide Insurance in the amoum of one million dollars ($1,000,000) or more, the dUe
of the form is changed from "Insurance Binder" to "Cover Note".
Applicable In Delaware
The mortgagee or Obligee of any mortgage or other instrument given for the purpose of creating a lien on real
property shall accept as evidence DI Insurance a written binder issued by an aLlhorized 'Insurer or its agent l
the binder include,s oris. 2Ic:c.or.nP¡ ~bY: the..name and address of the borrower; the·nameandacldressof the
lendi!rã"SiOss payee; a description of the insured real property; a provision that the binder may not be canceled
within the term of the binder unless the lender and !he insured borrower receive written notice of the cancel-
lation at least ten . (1 0) days prior to the cancellation; except In the case of a renewal of a policy subsequent to
the closing of the loan, a paid receipt of the full amount of the applicable ptemium. and the amount of
insurance coverage.
Chapter 21 Title 25 Paragraph 2119
Applicable in Florida
Except for Auto Insurance coverage. no notice of cancellation or nonrenewal of a binder is required unless the
duration of the binder exceeds 60 days. For auto insurance, the insurer must give 5 days prior notice; unless
the binder is replaced by a policy or another binder in the Same compa'7'
Applicable In Nevada
Any person who refuses to accept a binder which provides coverage of less than $1,000,000.00 when proof is
required: (A) Shall be fined not more'than $500.00. and (8) is liable to the party presenting the binder as proof
' of insurance for actual damages sustained therefrom. .
./
ACORD 75 (2001101)
".-_.~-_._-~
^-,.._-_.~,..._"..~'"
Agenda Item No. 16G1
April 26, 2005
Page 1 of 6
EXECUTIVE SUMMARY
Approve Contract Amendment A-2 involving Contract #03-3473 ··Consultant Services for
Preparation of a Land Development Overlay for Bayshore/Gateway Triangle Community
Redevelopment Area (CRA) District"
OBJECTIVE: To increase hourly rates for personnel in conjunction with the 2005 CPllndex
and to add personnel categories.
CONSIDERATIONS: Collier County is presently under contract with HDR Engineering, Inc. for
the above referenced project.
The referenced contract has been amended to increase the hourly personnel rates in
conjunction with the February 23, 2005 Consumer Pricing Index (CPI) of 3.0%. These contract
prices are based on standard fee schedules, which have not been updated since the
commencement of the contract in 2003.
The fee schedule will affect the hourly rates for work being provided under the original Contract
and all Amendments subsequent to A-1. Also identified in Schedule A-2 is the addition of four
(4) professional personnel categories to the project.
The hourly rate increases will not apply to work being provided under Amendment No. 03-3473-
A01, which was generated by Stormwater Management for a specific project.
FISCAL IMPACT: Funds are budgeted in each using departmentlšJrespective cost center as
needed to meet the 3.0% hourly rate increases.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with
this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners: 1. Approve Contract
Amendment A-2, and 2. Authorize the Purchasing/General Services Director to sign the
Amendment.
PREPARED BY: Linda Jackson, Contract Specialist, Purchasing Department
-.
Agenda Item No. 16G1
April 26, 2005
Page 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16G1
Recommenation to approve Contract Amendment A-2 involving Contract #03-3473
"Consultant Services for Preparation of a Land Development Overlay for
Bayshore/Gateway Triangle Community Redevelopment Area (CRA) District".
4/26/2005 9:00:00 AM
Meeting Date
Approved By
Randall J. Cohen
Commuinty Planning and
Redevelopment Manager
Date
Community Development &
Environmental Services
Comprehensive Planning
4/13/200512:10 PM
Approved By
Linda Jackson
Contracts Agent
Date
Administrative Services
Purchasing
4/13/20053:49 PM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
4/13/20054:02 PM
Approved By
Gerald Kurtz
Senior Engineer
Date
Transportion Services
Stormwater Management
4/13/20055:34 PM
Approved By
Ricardo Valera
Director
Date
Transportion Services
Stormwater Management
4/14/200510:00 AM
Approved By
Stan Litsinger .
Community Development &
Environmental Services
Comprehensive Planning Director
Date
Comprehensive Planning
4/14/2005 11 :55 AM
Approved By
Norm E. Feder, AICP
Transportation Division Ad,ninistrator
Date
Transportion Services
Transportation Services Admin.
4/14/20052:37 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
4/14/2005 4:04 PM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
4/14/20055:07 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4/14/2005 5:39 PM
Approved By
T··-__"".,~,,·,,
.-..-.."---.--..
. ---..-.'..,-
Agenda Item No. 16G 1
April 26, 2005
Page 3 of 6
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
4/14/2005 8 :29 PM
EXHIBIT A~2 Contraet Amendment No. 02
Agenda !tem No. 16G1
April 26, 2005
Page 4 of 6
#03-3473 "CoDlultant Services for Preparation of a Land Development Overlay for
BaysborelGateway Triupe CoD1lll1lldty Redevelopment Area (CRA) District"
This amendment, dated to the referenced agreement shall be by and between the
parties to the original Agreement, HDR Engineering, Inc., (to be referred to as "Consultant") and Collier
County, Florida, (to be referred to as "Owner").
Statement of Undemanding
RE: Contract # 03-3473 "Consultant Services for Preparation of a Land Development Overlay for
BayshorelGateway Triangle Community Redevelopment Area (CRA) District"
The Consultant agrees to amend the above referenced Contract as per Schedule "A-2" attached to this
Amendment, and incorporated herein by reference.
This amendment shall cover hourly rate increases to the original Collier County Proposed Fee Schedule
based upon the Consumer Pricing Index (CPI), published February 23, 2005. Amendment No. 02
represents a 3.00/Ó (CPI) increase to the Fee Schedule to the Contract trom April 12, 2005 to December
16, 2006.
The fee schedule will affect the hourly rates for Work being provided as set forth under the original
Contract and all subsequent Amendments. Also identified in Schedule A-2 is the addition of four (4)
professional positions to the project.
The hourly rate increases will not apply to Work being provided under Amendment No. 03-3473-AOl,
which was generated by Stonnwater Management.
The Consultant agrees that this amends the original Contract. All other terms and conditions of the
agreement shall remain in force.
IN WITNESS WHEREOF, the Consultant and the Owner have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date(s) indicated below.
~
_Co - -~~ituess .
~13y: !..t.JIÃ is .'-.. a./A ~t.-.
I)ated:
(X)~:~:f ~ L
HDId;gf~,. ,
~it{e: '1r~~' k~g&·
Dated: ? .... ZZ--7ßJf
CORPORATE SEAL
Approved as to fonn and
~¡¡¿4
OWNER:
Scott R. Teach
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER cOUNTYt FLORIDA
By:
Stephen Y. Carnell
Director of Purchasing and General Services
,--'_._--
'<"...."-.._---,-~.
Agenda Item No. 16G 1
April 26, 2005
Page 5 of 6
Schedule A-2
Collier County Proposed Fee Schedule
RFP 03-3473
"Consultant Services for Preparation of a Land Development Overlay for
Bayshore/Gateway Triangle Community Redevelopment Area (CRA) District"
Professional
Hourly Rates
Officer
$175.00
Sr. Project Manager
$137.00
Planner I Landscape Architect
$142.00
$ 86.00
Project Principal Urban Design
Sr. Market Analyst
$149.00
Sr. Traffic / Transportation Planner
$139.00
Sr. Landscape Architect*
$110.00
Sr. Engineer*
$103.00
Engineer*
$ 93.00
CADD Technician*
$ 70.00
Administrative / Clerical
$ 59.00
* Added professional positions.
This list is not intended to be all-inclusive. The COWlty and firm on a project-by-project
basis as needed shall mutually negotiate hourly rate fees for other categories of
professionals and/or specialists, support and other services.
END OF SCHEDULE A-2
Agenda Item No. 16G 1
April 26, 2005
Page 6 of 6
From:
Sent:
To:
Subject:
Ms Linda,
The CRA-AS approved the fee schedule Increase request by HDR for 3% and addition of
professional personnel.
Jackson David
Wednesday, April 13, 2005 9:39 AM
JacksonLinda
CRA-AS Approved Fee Schedule Increase for HDR
--'^..'....._---"'-"'
Agenda Item No. 16G2
April 26, 2005
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution (required as part of grant application
package) to authorize expenditure of an anticipated $500,000 United States
Department of Agriculture Grant, and to authorize expenditure of an
anticipated $500,000 Florida State Rural Infrastructure Grant, if said grants are
awarded to the Collier County Airport Authority, to fund Phase I construction of
a Surface Water Management Detention Pond required at the Immokalee
Regional Airport
OBJECTIVE: That the Board of County Commissioners (the "Board") adopt the
attached Resolution to authorize expenditure by the Collier County Airport Authority (the
"Authority") of an anticipated $500,000 United States Department of Agriculture (USDA)
Grant, and to authorize expenditure by the Authority of an anticipated $500,000 Florida
Rural Infrastructure Grant, provided both grants are awarded to the Authority to fund
Phase I construction of a Surface Water Detention Pond required at the Immokalee
Regional Airport. This resolution authorizing total expenditures and contribution is a
required element of the grant application package.
CONSICERA TION: Construction of the subject Surface Water Detention Pond is
required to comply with South Florida Water Management District (SFWMD) permit
requirements prerequisite to further development of the Immokalee Regional Airport.
Phase I of the Detention Pond Project, estimated to cost $1,025,000, will satisfy the
SFWMD's permit requirements for Phase I development at the Airport.
The Authority anticipates that 48% ($500,000) of the costs to construct this Detention
Pond will be funded through an anticipated USDA grant, and another 48% ($500,000)
will be funded through an anticipated $500,000 Florida Rural Infrastructure grant. The
Board previously authorized funding Design and Permitting for Phase I of this Detention
Pond (Work Order CCAA-04-07), which expenditures were also approved by the
Authority at its regular meeting of February 14, 2005, in the amount of $72,275,
including $30,500 for Design and Permiting of Phase I. This $30,500 for the Design
and Permiting of the Detention Pond provides for the final 2% of the funding for Phase I.
FISCAL IMPACT: There is no fiscal impact at this time.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
associated with adoption of this Resolution by the Board.
RECOMMENDA TION: That the Board of County Commissioners adopt the attached
Resolution to authorize the Collier County Airport Authority to expend the anticipated
$500,000 USDA grant, and to expend the anticipated $500,000 Rural Infrastructure
grant, if said grants are awarded. Both grants to fund construction of the Phase I
Surface Water Detention Pond at the Immokalee Regional Airport.
Prepared by Debbie Harnaga, Grant Writer
Collier County Airport Authority
Agenda Item No. 16G2
April 26, 2005
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16G2
Meeting Date
Board of County Commissioners adopt a Resolution to authorize expenditure of an
anticipated $500,000 United States Department of Agriculture Grant, and to authorize
expenditure of an anticipated $500,000 Florida State Rural Infrastructure Grant, both
grants to fund Phase I construction of a Surface Water Management Detention Pond
required at the immokalee Regional Airport.
4/26/2005900:00 AM
Approved By
Debra Harnaga
Administrative Assistant
Date
County Manager's Office
Airport Authority
4/14/2005 3:39 PM
Approved By
Theresa M. Cook
Executive Director
Date
County Manager's Office
Airport Authority
4/14/20053:51 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
4/14/20054:08 PM
Approved By
Susan Usher
Senior ManagemenUBudget Analyst
Date
County Manager's Office
Office of Management & Budget
4/18/20054:03 PM
Approved By
Michael Smykowskl
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4/19/20058:35 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
4/19/2005 11 :31 AM
.."...---~_.,.>
-'.~>--,._..,-,
--.-.-...
.---....,--....--
...-..--.,.-..-..:.....---------....-- "
Agerma Item No.'""1"6'G2'"---
Aprit 26. 2005
Page 3 of 3
REsOLUTION NO. 05,_
RFSOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AUTHOlUZING: EXPENDITURE OF
$500,000 OF US DEPARTMENT OF AGRlGULTURE (USDA) AND
$500,000 OF RURAL INFRASTRUCTURE GRANT FUNDS IF BOTH
GRANI'S ARE AWARDED TO THE COLLIER COUNTY AIRPORT
AUTHORITY, TO FUND PHASE I OF THE SURFACE WATER
MANAGEMENT DETENTION POND A T.THE IMMOKALEE REGIONAL·
AIRPORT
WHEREAS. the Collier County Growth Management Immoka1ee Area Master Plan calls for the
enhancement of the local economy by creating employment opportunities;.and
WHEREAS, development of the Immokalec Regional Airport and Industrial Park will create
such job opportunities; and
WHEREAS, further deve10pment of the Immokalee Regional Airport requires completion of a
Surface Wat.er Management Detention Pond in accordance. with South Florida Water
Management District permit requirements; and
WHEREAS. the en~ Detention Pond must eventually have sofficìcmt retention capacity to
comp1y with permít requirements for all fu~ airport development at the hnmokalee Regional
Airport; however, the Detention Pond may be constructed in phlUlcs to meet the then concurrent
development requirements of each respective phase of deveicpment; and .
WHEREAS, Phase I of the Detention Pond will satisfy the above stated penn it requirements for
the construction of PhlUle I airp9rt development areas; and
WHEREAS, the projected cost of PhlUle I of the Detention Pond is $1.025,000 of which 48%
($500,000) is expected to be funded by a US Department of Agriculture Rural Enterprise Grant;
and an additional 48% ($500,OOO) is expected to be funded by Ð. Florida Rural Infrastructme
Grant; and
WHEREAS. the Board of Coooty Commissioners previously authorized funding for the Design
and Permitting of Phase I of the Detet1:tionPOIid (Work Order CCAA-04-07), which fooding
was approved by the Collier County Airpol't Authority at its regular meeting of February 14,
2005, in the amount of $72,475, including $3(},SOO far Design and Permitting of Phase I.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that:
1, The Board of County CQmmissioncrs hereby authorizes expenditure of $500,00 of
USDA grant funds and $500,000 of Rural Infrastructure grant foods if both grat\ts are awarded to
the Col1ier County Airport Authority (to pay for Phase I of the Surface Water Management
Detention Pond at the Jmn¡ok.a1ee Regional Airport).
2. This Resolution shall talœ effect immediately upon adoption.
ADOPTED this _ day of April 200S after motion, second and majority vote favoring
adoption.
ATTEST:
DWIGHT E. BROCK, Clerk
By:
BOARD OF COUNTY COMMISSIONERS,
COUlER COUNTY. FLORIDA.
By:
FRED W, COYLE, Chai.nnan
Deputy Clerk
Approved as to form
and legal sufficic::ncy:
~~ ~J.W--
Tom Palmer.
Assistant County Attorney
Agenda Item No. 16H 1
April 26, 2005
Page 1 of 3
EXECUTIVE SUMMARY
COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO
ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE
OBJECTIVE: For the Board of County Commissioners to declare a valid public
purpose for a Commissioner to attend function/event and approve payment by the Clerk.
CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County
Commissioners has detennined 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: Frank Halas
FUNCTION/EVENT: Naples Alliance for Children Annual Apple Blossom Awards
and Advocacy Dinner at Country Club of Naples
PUBLIC PURPOSE: Support Naples Alliance for Children, recognize family friendly
businesses and interact with community leaders and citizens.
DATE OF FUNCTIONIEVENT: May 5, 2005
FISCAL IMPACT: $35.00 Funds to be paid trom Commissioner's travel budget.
RECOMMENDA TION: That the Board of County Commissioners, in accordance with
Resolution No. 99-4 I 0, approve payment by the Clerk for Commissioner to attend
function serving a valid public purpose.
PREPARED BY: Trisha McPherson
APPROVED BY: Sue Filson, Executive Manager to BCC
AGENDA DATE: April 26, 2005
.-..","
Item Number
Item Summary
Meeting Date
Agenda Item No. 16H1
April 26, 2005
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16H1
Commissioner Halas requests Board approval for reimbursement for attending a function
serving a valid public purpose. Commissioner to attend the Naples Alliance for Children
Annual Advocacy Dinner and Apple Blossom Award ceremony on May 5, 2005 at the
Country Club of Naples. $35.00 to be reimbursed from Commissioner Halas' travel budget.
4/26/2005 9:00:00 AM
Prepared By
Date
Trisha McPherson
Board of County
Commissioners
Executive Aide to the BCC
4/19/20051 :09:09 PM
BCC Office
Approved By
Sue Filson
Board of County
Commissioners
Executive Manager to the BCe
Date
Bee Office
4/19/20051:11 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
4/19/20053:55 PM
-.-----..- ..-.-
®~ It/ii,Nr(Þftr
~~)C/t¡JJ,reJt¡
f
Agenda I~em No. 16H1
April 26, 2005
Page 3 of 3
Invites you to attend
THE ANNUAL ADVOCACY DINNER
itA Partnership for a Stronger Future"
. Speaker: Tammie Nemecek
Director, Economic Development Council of Collier County
Thursday, May 5, 2005
Country Club of Naples, 185 Burning Tree Drive
FAMIL Y FRIENDL Y BUSINESS RECOGNmON
APPLE BLOSSOM AWARDS
6:00 pm Silent Auction/ReceptionlCash Bar
7:00 pm Cocktail Dinner, Live Auction and Awards
Please Respond by April 15
For Information Call: 649-5260
Note: No Credit Cards Accepted
Presenting Sponsor
ASG
Sf;:f~"t:{;ru SûiutitH1fi
YES, Iøc:cept the Invitation of
Naples Alliance for Children to attend
The Annual Advocacy Dinner
May 5, 2005, at the Country Club of Naples
Name: C~;."M\~"5<"')í\::'~:::.R. FKAN\:::.. t-\~Lr\)
.., 1\ /~
Organization or businessC¡;"c.....L IC=:f2. L~,-,,~T'f Lì°'J,
Telephone Number 774-~i.,;cI 1
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Check Payable to NAFC $~ (See reverse for categories)
Return check and this form in the enclosed self-addressed envelope
o We have already submitted our check
See Reve,..e tor Donation and R_etvation Procedures
Tickets win not be sent in advance
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Agenda Item No. 16H2
April 26, 2005
Page 1 of 3
EXECUTIVE SUMMARY
COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO
ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE
OBJECTIVE: For the Board of County Commissioners to declare a valid public
purpose for a Commissioner to attend function/event and approve payment by the Clerk.
CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County
Commissioners has detennined 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: Frank Halas
FUNCTIONIEVENT: Marine Corps League of Naples Annual Press Day Luncheon at
Elks Lodge #2010
PUBLIC PURPOSE: Honor the Free Press of American and Mr. Ernie Pyle, who gave
his life on April 18, 1945 during the Pacific Campagin. Interact with community leaders
and citizens.
DATE OF FUNCTIONIEVENT: April 20, 2005
FISCAL IMPACT: $13.00 Funds to be paid from Commissioner's travel budget.
RECOMMENDATION: That the Board of County Commissioners, in accordance with
Resolution No. 99-4 I 0, approve payment by the Clerk for Commissioner to attend
function serving a valid public purpose.
PREPARED BY: Trisha McPherson
APPROVED BY: Sue Filson, Executive Manager to BCC
AGENDA DATE: April 26, 2005
Agenda Item No. 16H2
Apri/26.2005
Page 2 of3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16H2
Meeting Date
Commissioner Frank Halas requests Board approval for reimbursement for attending a
function serving a valid public purpose. Commissioner attended the Marine Corps League
of Naples Annual Press Day Luncheon on April 20, 2005 at the Elks Lodge. $13.00 to be
reimbursed from Commissioner Halas' travel budget.
4/26/20059:00:00 AM
Prepared By
Date
Trisha McPherson
Executive Aide to the BCC
4/19/2005 12:04:22 PM
Board of County
Commissioners
BCC Office
Approved By
Sue Filson
Executive Manager to the BCC
Date
Board of County
Commissioners
BCC Office
4119120051:09 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
4119120054:07 PM
,.-~
---_""__.,,0_
Agenda Item No. 16H2
April 26, 2005
Page 3 of 3
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Agenda Item No. 16H3
April 26, 2005
Page 1 of 3
,....'0'.'
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.
CONSIDERA TIONS: 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: Frank Halas
FUNCTIONIEVENT: Speak to Naples Gulf Shore Rotary at Naples Beach Hotel
PUBLIC PURPOSE: Brief community members on the state of County government
and answer questions.
DATE OF FUNCTIONIEVENT: May 4, 2005
FISCAL IMPACT: $15.00 Funds to be paid trom 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 to attend
function serying a valid public purpose.
PREPARED BY: Trisha McPherson
APPROVED BY: Sue Filson, Executive Manager to BCC
AGENDA DATE: April 26, 2005
Agenda Item No. 16H3
April 26, 2005
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16H3
Meeting Date
Commissioner Halas requests Board approval for reimbursement for attending a function
serving a valid public purpose. Commissioner to speak at the Naples Gulf Shore Rotary
meeting on May 4.2005 at the Naples Beach Hotel. $15.00 to be reimbursed from
Commissioner Halas' travel budget.
4/26/20059:00:00 AM
Prepared By
Date
Trlsha McPherson
Executive Aide to the BCC
4/19/200512:09:01 PM
Board of County
Commissioners
BCC Office
Approved By
Sue Filson
Executive Manager to the BCC
Date
Board of County
Commissioners
BCC Office
4/19/20051:15 PM
Approved By
Leo E. OChs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
4/19/20054:03 PM
',........-_.~_._-
------
March 14, 2005
Frank Halas
Collier County Commander
3301 U.s. 41 East
Naples, FL 34112
Dear Mr Halas,
ç\X
Agenda Item No. 16H3
tA¡>ril 26, 2005
RECE\\IE\JPage 30f3
MÄR ? \1ß{6
soard of County eomm1p¡onel'l
~~fA4 &~,~ '¡~ÃoC.. e..~
M.~ -7:)0"""'"
Thank you for agreeing to speak to our Rotary Club. This is confirmation of your
engagement. We meet at the Naples Beach Hotel at 851 Gulf Shore Blvd. North, Naples,
Florida 34102 - telephone261-2222.
Upon your arrival ask the at the front desk what room we will be in. They will just be
completing renovation and we are shuffled about as a result. Upon entering the meeting
as for John Summerfield, telephone 847-902-8494 or Mike Ryon 239-262-3311. Please
let us know of any special needs prior to the meeting such as VCR etc. In the event you
must reschedule please call John or Mike as early as possible.
Thank. you foryour courtesy. We look forwardto seeing you.
{
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Sincerely,
~crfield
'bCG~~ ~
~OJ) èr \G.LD 601
Agenda Item No. 16H4
April 26,2005
Page 1 of3
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.
CONSIDERA TIONS: Pursuant to Resolution No. 99-4] 0, 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: Frank Halas
FUNCTIONIEVENT: May 4, 2005
PUBLIC PURPOSE: Support the Economic Development Council and interact with
community members and business leaders.
DATE OF FUNCTIONIEVENT: May 4, 2005
FISCAL IMPACT: $]5.00 Funds to be paid trom Commissioner's travel budget.
RECOMMENDATION: That the Board of County Commissioners, in accordance with
Resolution No. 99-4] 0, approve payment by the Clerk for Commissioner to attend
function serving a valid public purpose.
PREPARED BY: Trisha McPherson
APPROVED BY: Sue Filson, Executive Manager to BCC
AGENDA DATE: April 26, 2005
,...."..."
Agenda Item No. 16H4
April 26, 2005
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16H4
Meeting Date
Commissioner Halas requests Board approval for reimbursement for attending a function
serving a valid public purpose. Commissioner to attend the Economic Development
Council Membership Mixer hosted by Edison College on May 4, 2005 at Edison College
Collier Campus. $15.00 to be reimbursed from Commissioner Halas' travel budget.
4/26/2005900:00 AM
Prepared By
Date
Trisha McPherson
Executive Aide to the Bee
4/19/200512:13:29 PM
Board of County
Commissioners
Bce Office
Approved By
Sue Filson
Executive Manager to the Bee
Date
Board of County
Commissioners
BCC Office
4/19/20051:13 PM
Approved By
Leo E. OChs, Jr.
Board of County
Comm issioners
Deputy County Manager
Date
County Manager's Office
4/19/20054:01 PM
...-----.
Response
Agenda Item No. 16H4
F April 26,2005
orm Page 3 of 3
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ECONOMIC DEVELOPMENT COUNCIL
OF COLLIER COUNTY
NAPLES. FLORIDA
MRGLAD:S CITY, GOlDEN GATE
IMMOKA.EE . MARCO I:'.AND
MEMBERSHIP MIXER
HOSTED BY
EDISON COLLEGE
7007 LELY CULTURAL PARKWAY
NAPLES, FL34113
WEDNESDAY, MAY 4, 2005
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MIXER 5:30 P.M. .. 7:00 P.M
COMPLIMENTARY HORS D'OEUVR£S
AND REF'RESHMENTS WIlJ.. BE SERVED.
COMPLETE7HISFORMANDRETVRNBYMONDAY, MAY2, TO:
Mail: Economic Development Council of Collier County
3050 N. Horseshoe Drive, #120, Naples, FL 34104
Fax: (239) 263-6021 · Phone: (239) 263-8989
E-mail: events@eNaplesFlorida.com
On-line: www.eNaplesFlorida.com
Name(s) of Attendees: C·OM..M ~ 55! òµER.
F((..ANK µAU\-<;
Company Name: COL.A.,..-I£tê. rex )f'oJL'( C,oJ.
Phone Number:/74 - ~Ù'\ i
EDC BENEFACTOR INVESTOR:
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Agenda Item No. 1611
April 26, 2005
Page 1 of 3
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
April 26, 2005
FOR BOARD ACTION:
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes,
Chapter 136.06( 1), the disbursements for the Board of County Commissioners for
the period:
1. Disbursements for February 26. 2005 through March 4.2005.
2. Disbursements for March 5. 2005 through March 11. 2005.
3. Disbursements for March 12.2005 through March 18.2005.
4. Disbursements for March 19.2005 through March 25.2005.
B. Minutes:
1. Forest Lakes Roadway Drainage M.S.T.U. Agenda for March 23,2005
and April 13, 2005; Minutes of March 9, 2005 and March 23,2005.
2. Bayshore Beautification M.S.T.U. - Agenda for April 13,2005; Minutes
of March 9, 2005.
3. Comer County Planning Commission - Agenda for April 7, 2005;
Minutes of February 17, 2005.
4. Comer Countv Hispanic Advisory Affairs Board - Minutes of February
24,2005.
5. Comer County Library Advisory Board - Agenda for March 30, 2005;
Minutes of February 23,2005.
6. Pelican Bay Services - Minutes of March 2, 2005, and April 6, 2005;
Statement of Revenue and Expenditures for March 31, 2005
a) Clam Bay Sub-Committee - Minutes of April 6, 2005
b) Budget Sub-Committee - Minutes of March 16, 2005
7. Development Services Advisory Sub-Committee - Minutes of March 9,
2005.
8. Radio Road Beautification M.S.T.U. - March 15,2005 - no meeting due
to lack of quorum.
H:DatalFormat
H:Data/Format
Agenda Item No. 16/1
April 26, 2005
Page 2 of 3
9. Coastal Advisory Committee - Minutes for February 10,2005; Budget
Workshop - Minutes of February 18, 2005.
10. Collier County Citizen's Corps Advisory Committee - Agenda for March
16,2005; Minutes of March 16,2005.
II. Environmental Advisory Council- Agenda for April 6, 2005; Minutes of
March 2, 2005.
12. Vanderbilt Beach M.S.T.U. - Agenda for April?, 2005; Minutes of March
3,2005.
13. Conservation Collier Land Acquisition Advisorv Committee - Minutes of
February 14, 2005.
Agenda Item No. 1611
April 26, 2005
Page 3 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
Meeting Date
1611
Miscellaneous Items to File for Record with Action as Directed.
4/26/2005 900:00 AM
Prepared By
Date
Kathleen Martinson
Administrative Aide to BCC
4/14/200510:10:30 AM
Board of County
Commissioners
BCC Office
Approved By
Sue Filson
Executive Manager to the BCC
Date
Board of County
Commissioners
BCC Office
4/14/200510:37 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
4/14/200512:53 PM
"-----.--,".
r·- .-..-. .-..-
Agenda Item No. 16J1
April 26, 2005
Page 1 of 2
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 ftom March 19,2005 through April I,
2005 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 March 19, 2005
through April 1, 2005. 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:
related to this item.
There is no Growth Management Impact
RECOMMENDATION: 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.
Prepared By:
Date:
r hr-1oJ'
Constance C. MWTaY
General Operations Manager
Reviewed and
Approved By:
D ek M. Johnssen
General Accounting Manager
Date: ,/Jr/'I4Pr
,...'O~..
Agenda Itel11 No. 16J 1
April 26, 2005
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16J1
Meeting Date
Recommendation 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 dated March 19.2005 through April 1. 2005 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. Florida
4/26/20059:00:00 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4/1512005 1 :43 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
4115/20053:26 PM
Agenda Item No. 16K1
April 26, 2005
Page 1 of 5
EXECUTIVE SllMMARY
Recommendation to approve the Offer of Judgment in the amount of
$1000.00 as to Parcel 135 in the lawsuit styled Collier County v. Edward Olah,
Trustee, et aL, Case No. 96-1314-CA (Rattlesnake Hammock Road
Four-Laning Project 65021). (Fiscal Impact: $900)
OBJECTIVE: That the Board of County Commissioners approve and authorize the making of
an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to Respondents, Edward Olah, as
Trustee of Westdale of Naples, Inc., Robert Leben, and Mary Leben ("Respondents"), in the
amount of $1000.00, as full compensation, inclusive of attorney's fees and costs, for the
acquisition arising out of the condemnation of Parcel No. 135 in Collier County v. Edward O/ah,
Trustee, et a/., Case No. 96-1314-CA (Rattlesnake Hammock Road Four-Laning Project).
CONSIDERATIONS: On July 9, 1996, Collier County deposited $100.00 into the Court
Registry and acquired title to Parcel 135 in accordance with the Order of Taking entered on June
17, 1996. The County Attorney's Office would like to make an Offer of Judgment in the amount
of$I,OOO.OO, as full compensation for the property taken, including interest and all damages. See
attachment. The making of the Offer will require Respondents' to carefully assess their claim
within 30 days. If the offer is rejected and Respondents fail to recover more than $1,000.00
through settlement or jury verdict, the County will not be required to pay any costs, including
appraisal and other expert fees, incurred by Respondents after the date of the offer's rejection.
Should the Respondents accept, the County will be required to pay as follows:
· Additional Compensation for Parcel
· Statutory Attorney's Fees
TOTAL COST:
$900.00
$0.00
$900.00
FISCAL IMPACT: A budget amendment is required in the amount of $900.00. Source of
funds are Gas Taxes.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve and authorize service of the Offer of Judgment;
2. Approve all necessary budget amendments;
3. Approve entry of a Stipulated Final Judgment and expenditure of the funds, if the
offer is accepted.
PREPARED BY: Ellen T. Chadwell, Assistant County Attorney
,...-.....
, . ,.",,~,,_...,-,--~.,,-_.~
Item Number
Item Summary
Meeting Date
Approved By
Norm E. Feder, AICP
Transportion Services
Agenda Item No. 16K1
April 26, 2005
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K1
Recommendation to approve the Offer of Judgment in the amount of $1000 as to Parcel
135 in the lawsuit styled Collier County v. Edward Olah, Trustee, et al.. Case No. 96-1314-
CA (Rattlesnake Hammock Rd Four Laning Project 65021). (Fiscallmpacl $900)
4/26/2005 9 00 DO AM
Transportation Division Administrator
Date
Transportation Services Admin,
3/30/2005 7:15 AM
Approved By
Eugene Calvert
Transportations Services
Principal Project Manager
Transportation Engineering and
Construction Management
Date
3/30/2005 7:49 AM
Approved By
Kevin Hendricks
Transportion Services
Right Of Way Acquisition Manager
Transportation Engineering and
Construction
Date
3/31/200510:37 AM
Assistant County Attorney
Date
Approved By
Ellen T. Chadwell
County Attorney
County Attorney Office
4/7/20056:10 PM
Accounting Supervisor
Date
Approved By
Sharon Newman
Transportiol1 Services
Transportation Administration
4/13/200511:52 AM
Management/Budget Analyst
Date
Approved By
Lisa Taylor
TransportÎon ServÎces
Transportation Administration
4113/20052:58 PM
County Attorney
Date
Approved By
David C. Weigel
County Attorney
County Attorney Office
4/14/200510:47 AM
Admin;straHve Assistant
Date
Approved By
OMS Coordinator
County Manager's Office
Office of Management & Budget
4/14/200511:19 AM
Senior ManagementiBudget Analyst
Date
Approved By
Susan Usher
County Manager's Office
Office of Management & Budget
4/16/2005 9:46 AM
Management & Budget Director
Date
Approved By
Michael Sl11ykowski
County Manager's Office
Office of Management & Budget
4117/20059:32 AM
County Manager
Date
Approved By
James V. Mudd
Soard of County
Commissioners
County Manager's Office
4/18/200512:31 PM
Agenda Item No. 16K1
April 26, 2005
Page 3 of 5
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA,
a political subdivision ofthe State of Florida,
Petitioner,
Case No. 96-1314-CA
v.
EDWARD OLAR, TRUSTEE, et aI.,
Parcel No. 13S
Respondents.
/
OFFER OF JUDGMENT
TO: Edward Olah, Trustee
Robert and Mary Leben
C/o David W. Rynders, Esquire
2375 9th Street North, Suite 308
Naples, Florida 34103
Petitioner, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida
Statutes, and Fla. R. Civ. P. 1.442, does hereby make this binding offer ofjudgrnent in this action
to the Respondents, EDWARD OLAH, as Trustee of Westdale of Naples, Inc., ROBERT
LEBEN and MARY LEBEN, 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 135, in the total amount of One Thousand and
No/100 Dollars ($1,000.00), for Parcel 135, inclusive of all attorney's fees, interest, and costs.
This amount includes the good faith deposit of $100.00 previously deposited by Petitioner.
There are no other non-monetary terms or other relevant conditions to this offer except
that this offer is conditioned upon the dismissal and release of all claims filed or held by
Respondents, ROBERT LEBEN, MARY LEBEN, and EDWARD OLAR, as Trustee.
1
Agenda Item No. 16K1
April 26, 2005
Page 4 of 5
Dated this _ day of
,2005.
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
2
Agenda Item No. 16K1
April 26, 2005
Page 5 of 5
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CML ACTION
COLLIER COUNTY, FLORIDA,
a political subdivision of the State of Florida,
Petitioner,
Case No. 96-13l4-CA
v.
EDWARD OLAR, TRUSTEE, et aI.,
Parcel No. 135
Respondents.
/
NOTICE OF SERVICE OF PETITIONER'S OFFER OF JUDGMENT
YOU ARE HEREBY NOTIFIED the Petitioner, COLLIER COUNTY, FLORIDA, by
and through its undersigned attorney, has served Petitioner's Offer of Judgment to the
Respondents, EDWARD OLAR, as Trustee of Westdale of Naples, Inc., a dissolved
Corporation, ROBERT LEBEN, and MARY LEBEN, as to Parcel 135 in the above-styled cause.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this Notice and Offer of Judgment
have been furnished by regular U. S. Mail, to David Rynders, Esq., 2375 9th Street North, Suite
308, Naples, Florida 34103, on this _ day of
,2005.
OFFICE OF THE COUNTY ATIORNEY
Hannon 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
Agenda Item No. 16K2
April 26, 2005
Page 1 of 15
EXECUTIVE SUMMARY
Request by the Collier COW1ty Industrial Development Authority for approval of a resolution
authorizing the Authority to issue revenue bonds to be used to finance water and wastewater utility
facilities for Ave Maria Utility Company.
OBJECTIVE:
To accomplish the necessary approvals to authorize a proposed revenue bond issue by the
Collier County Industrial Development Authority to be used to finance water and wastewater utility
facilities for Ave Maria Utility Company.
CONSIDERA nONS:
The Industrial Development Authority has been requested to issue its bonds to finance certain
qualifying utility facilities. Ave Maria Utility Company proposes to borrow approximately $18
million to construct and equip the new facilities.
Ave Maria Utility Company is ajoint venture of the Barron Collier Company, developer of
the town of Ave Maria, and Thomas Monaghan, fOl.U1der of Ave Maria University. The utility
company was created to provide water and wastewater utility services to the university and the town.
The company has obtained a franchise from Collier County to provide these services to the university
and town. The company desires to obtain tax -exempt financing for the project in order to reduce
utility rates for the university and customers in the town.
The Authority held a meeting and advertised public hearing April 13, 2005 to preliminarily
consider the proposal, and heard a presentation from the Company. There were no adverse
comments from members of the public. Following the meeting the Authority adopted a
preliminary approval resolution, a copy of which is attached to the proposed County Resolution.
In addition to Authority approval, federal tax law requires that the County Commission,
as the local governing body, must also approve the issuance of the Bonds. This does not have to
be a special1y advertised hearing, but must be done at a regularly noticed and held meeting. A
resolutions for the Board to adopt is attached.
As are all revenue bonds of this type, these 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 Borrower. Neitber 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 IMPACT: Tbis program does not require any contribution from the Board of County
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Agenda Item No. 16K2
April 26, 2005
Page 2 of 15
Commissioners or any other County agency. The Bonds are not liabilities of the County, and the
County is not liable for payment in any way. On the other hand, the issuance of bonds for
qualifying water and wastewater utility facilities has a positive fiscal and environmental impact on
the community, and the statutes authorizing the Authority to issue such bonds declare that such
issuance is for a public purpose.
GROWTH MANAGEMENT IMPACT: The adoption of the attached resolution will have no
adverse growth management consequences. The facilities are located in the unincorporated area
of the County and are subject to the LDC, the Growth Management Plan, concurrency
requirements, and the payment of impact fees. The authorizing resolution of the Authority
expressly provides that the resolution does not affect the County's regulatory authority over the
project.
RECOMMEND A TION:
The Board of County Commissioners adopt the attached Resolution.
Prepared by: _ __~
~I
Collier County Industrial Development Authority
Approved by:
David C. Weigel,
County Attorney
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Agenda Item No. 16K2
April 26. 2005
Page 3 of 15
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16K2
Request by the Collier County Industrial Development Authonty for Approval of a
Resolution Authorizing the Authority to Issue Revenue Bonds to be Used to Finance Water
and Wastewater Utility Facilities for Ave Maria Utility Company.
4/26/2005 9 00: 00 AM
Meeting Date
Approved By
David C. Weigel
County Attorney
Date
County Attorney
County Attorney Office
4/14/2005 3: 16 PM
Approved By
OMB Coordinator
Admìnistratìve Assistant
Date
County Manager's Office
Office of Management & Budget
4/14/2005 4:06 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4/14/2005 5:25 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
4/14/20058:09 PM
Agenda Item No. 16K2
April 26, 2005
Page 4 of 15
RESOLUTION NO. 05-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA APPROVING THE ISSUANCE
AND SALE OF REVENUE BONDS BY THE COLLIER COUNTY
INDUSTRIAL DEVELOPMENT AUTHORITY, AS REQUIRED BY
SECTION 147(1) OF THE INTERNAL REVENUE CODE, AS
AMENDED; PROVIDING FOR OTHER RELATED MATTERS.
Whereas, the Collier County Industrial Development Authority (the "Authority") is a body corporate and
politic of Collier County, Florida created by Collier County Resolution No. 79-34 duly adopted by the Board of
County Commissioners on February 27, 1979 pursuant to Part III of Chapter 159. Florida Statutes, as amended, with
the power to issue revenue bonds for the purposes of financing a ''project'' as defined in Part II of Chapter 159.
Florida Statutes, as amended; and
Whereas, Ave Maria Utility Company, a Florida limited liability limited partnership (the "Company") has
applied to the Collier County Industrial Development Authority (the "Authority") to issue its Industrial
Development Revenue Bonds (Ave Maria Utility Company Project), Series 2005 in an aggregate principal amount
not to exceed $18,000,000 (the "Bonds"), for the purpose of making a loan to the Company for the purpose of
providing funds, together with other available funds, to finance a portion of the cost of constructing and equipping
water and wastewater utility facilities, which will be used to provide water and wastewater utility services for Ave
Maria University and the town of Ave Maria (the "Project"); and
Whereas, Section 147(f) of the Internal Revenue Code of 1986, 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 CO\mty, Florida (the "Board") is the elected
legislative body of the County; and
Whereas, the Authority held a meeting and public hearing on April 13, 2005 pursuant to a notice published
on or before March 29, 2005 in the Naples Daily News, a newspaper of general circulation in the County, a copy of
said notice being attached to Resolution 2005-1 adopted by the Authority at said meeting; and
Whereas, at the conclusion of the meeting and public hearing the Authority adopted Resolution No. 2005-1
(the "Authority Resolution''), a copy of said resolution being attached hereto as Exhibit "A", approving the project,
authorizing the issuance of the Bonds, and directing the Chainnan and officers of the Authority to seek approval for
the issuance of the Bonds in accordance with Section 147(f) of the Code; and
Whereas, for the reasons set forth above. it appears to the Board that the approval of the issuance and sale
of such Bonds as required by Section 147(1) of the Code is in the best interests of Collier County,
NOW, THEREFORE, Be It Resolved by the Board of County Commissioners of Collier County, Florida,
that:
Section 1. Approval of Issuance of the Bonds. This Board hereby approves the issuance of the Bonds by the
Authority for the purposes descn"bed in the Authority's Resolution and the notice attached thereto pursuant to
Section 147(f) of the Code. The Bonds shall be issued in such aggregate principal amount, bear interest at such
rates, mature in such amounts and be subject to such optional and mandatory redemptions as are approved by the
Authority without the further approval of this Board.
The Bonds shall not constitute a debt, liability or obligation of Collier County, its Board of County
Commissioners, officers, agents or employees, or the State of Florida or any political subdivision thereof, but shall
be payable solely from the revenues provided therefore, and neither the faith and credit nor any taxing power of
Agenda Item No. 16K2
April 26, 2005
Page 5 of 15
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 of Collier
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.
Section 2. Severability. If any section, paragraph. clause provision of this Resolution shall be held to be
invalid or ineffective for any reason. the remainder of this Resolution shall continue in full force and effect, it being
expressly hereby found and declared that the remainder of this Resolution would have been adopred despite the
invalidity or ineffectiveness of such section. paragraph. clause or provision.
Section 3. Effective Date. This Resolution shall take effect immediately upon its adoption.
PASSED and Adopted this 26th day of April. 2005.
ATTEST:
Dwight R Brock, Clerk
By:
COLLIER COUN1Y. FLORIDA BY
ITS BOARD OF COUN1Y
COMMISSIONERS
Deputy Clerk
Fred W. Coyle. Chairman
-SEALJ
Approved as to fonn and legal sufficiency:
David C. Weigel, County Attorney
2
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Agenda Item No. 16K2
April 26, 2005
Page6of15
RESOLUTION NO. 2005-1
AN INDUCEMENT RESOLUTION OF THE COLLIER
COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY
REGARDING THE OFFICIAL ACTION OF TIlE
AUTHORITY WITH RESPECT TO mE PROPOSED
ISSUANCE BY THE AUTHORITY OF ITS INDUSTRIAL
DEVELOPMENT REVENUE BONDS (A VE MARlA
UTILITY COMPANY PROJECT) SERIES 2005 IN AN
INITIAL AGGREGA TE pRINCIPAL AMOUNT NOT TO
EXCEED $18,000,000 FOR TIlE PRINCIPAL PURPOSE
OF FINANCING CERTAIN COSTS INCURRED OR TO
BE INCURRED BY AVE MARIA UTILITY COMPANY,
LLLP (THE "COMPANY") IN CONNECTION WITH TIlE
ACQUISITION, CONSTRUCTION, AND EQUIPPING OF
CERTAIN WATER AND WASTE WATER SYSTEM
FACILITIES; AUTIIORlZING THE EXECUTION AND
DELIVERY OF A PRELIMINARY AGREEMENT
BETWEEN THE AUTHORITY AND THE COMPANY;
AND PROVIDING FOR RELATED MA TIERS.
WHEREAS, Ave Maria utility Company, LLLP, a Florida limited liability limited
partnership (the "Company") has applied to the Collier Courity Industrial Development
Authority (the "Authority") to issue a series of its private activity revenue bonds in the
initial aggregate principal amount of not to exceed $18,000,000 (the "Bonds") for the
principal purpose of financing certain costs of acquisition, construction, and equipping of
certain water and waste water system facilities (the "Project") to be owned and operated
by the Company and paying costs associated with the issuance of the Bonds; and
WHEREAS, the "Project", as described in the application consists of the
following:
Water System: 1.0 million gallon per day (mgd) reverse osmosis wâter treatment
plant with two filter skids rated at .5 mgd each; a 1.5 million gallon concrete water
tank; yard piping, and components; offices, laboratory and equipment, supply
inventory and storage space; raw water supply well system; pumps and raw water
transmission mains; treated water transmission facilities.
Wastewater System. A .75 mgd water reclamation facility utilizing an activtated
sludge treatment process followed by tertiary filtration and high level disinfection;
force main transmission system; facilities to provide access to users of effluent (the
.....----.--..--.--.-.-.----.--....-.
EXHIBIT" A" TO Bee RESOLUTION
Agenda Item No. 16K2
April 26, 2005
Page 7 of 15
by-product of the treatment process) for re-use in irrigation of golf course.
residences and green spaces; associated equipment, and an operations and
electrical buildings.
and to pay certain expenses incurred in connection with the issuance of the Bonds; and
WHEREAS, the Company has requested that the Authority loan the proceeds of
the Bonds to the Company pursuant to Chapter 159, Parts II and Ill, Florida Statutes, or
such other provision or provisions of Florida law as the Authority may determine
advisable (the "Act") in order to accomplish the foregoing purposes; and
WHEREAS, the issuance of the Bonds and the loaning of the proceeds thereof to
the Company to finance the costs of the Project under loan agreements or other financing
agreements, and pursuant to the terms thereof which will provide that payments
thereunder be at least sufficient to pay the principal of and interest and redemption
premium, if any, on such Bonds and such other costs in connection therewith as may be
incurred by the Authority, will assist the Company and promote the public purposes
provided in the Act; and
WHEREAS, in order to satisfy certain of the requirements of Section 147(f) of
the Internal Revenue Code of 1986, as amended (the "Code"), the Authority did on the
date hereof hold a public hearing on the proposed issuance of the Bonds for the purposes
herein stated, which date is more than 14 days following the first publication of notice of
such public hearing in a newspaper of general circulation in Collier County and which
public hearing was conducted in a manner that provided a reasonable opportunity for
persons with differing views to be heard, both orally and in writing, on the issuance of the
Bonds and the location and nature of the Project, as more particularly described in the
notice of public hearing attached hereto as Exhibit A; and
WHEREAS, it is intended that this Resolution shall constitute official action
toward the issuance of the Bonds within the meaning of the applicable United States
Treasury Regulations in addition to any other action that may have heretofore been taken
by the Company;
NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY
INDUSTRIAL DEVELOPMENT AUTHORITY, THAT:
SECTION l.AUTHORITY FOR THIS RESOLUTION. This Resolution is
adopted pursuant to the provisions of the Act and other applicable provisions of law.
2
Agenda Item No. 16K2
April 26, 2005
Page 8 of 15
SECTION 2.PRELIMINARY STATEMENT. This Resolution is entered into
to permit the Company to proceed with the financing of the costs of the Project and to
provide an expression of intention by the Authority, prior to the issuance of the Bonds, to
issue and sell the Bonds and make the proceeds thereof available for such purposes, all in
accordance with and subject to the provisions of the Act, the Constitution and other laws
of the State of Florida and the laws of the United States of America, including the Code,
and this Resolution, but subject in all respects to the terms of the Preliminary Agreement
for the Issuance of Industrial Development Revenue Bonds of even date herewith
between the Authority and the Company (the :Preliminary Agreement"). The Chairman
is hereby authorized to execute the Preliminary Agreement on behalf of the Authority.
SECTION 3. APPROV AL OF THE FINANCING. The financing of the costs
of the Project by the Authority through the issuance of the Bonds, pursuant to the Act,
will promote the economic development, prosperity, health and welfare of the citizens of
Collier County, will promote the general economic structure of Collier County, and will
thereby serve the public purposes of the Act and is hereby preliminarily approved,
subject, however, in all respects to the Company meeting the conditions set forth in the
Preliminary Agreement to the sole satisfaction of the Authority.
SECTION 4.AUTHORIZATION OF THE BONDS. There is hereby
authorized to be issued and the Authority hereby determines to issue the Bonds, if so
requested by the Company and subject in all respects to the conditions set forth in the
Preliminary Agreement, in an aggregate principal amount not to exceed $18,000,000 for
the principal purpose of financing the costs of the Project. The rate of interest payable on
the Bonds shall not exceed the maximum rate permitted by law.
SECTION 5. GENERAL AUTHORIZATION. The Chairman and the Vice-
Chainnan are hereby further authorized to proceed, upon execution of the Preliminary
Agreement, with the undertakings provided for therein on the part of the Authority and
are further authorized to take such steps and actions as may be required or necessary in
order to cause the Authority to issue the Bonds subject in all respects to the terms and
conditions set forth in the Preliminary Agreement authorized hereby.
SECTION 6.0FFICIAL ACTION. This resolution is an official action of the
Authority toward the issuance of the Bonds, as contemplated in the Preliminary
Agreement. in accordance with the purposes of the laws of the State of Florida and the
applicable United States Treasury Regulations.
SECTION 7.LIMITED OBLIGATIONS. The Bonds and the interest thereon
shall not constitute an indebtedness or pledge of the general credit or taxing power of
3
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Agenda Item No. 16K2
April 26, 2005
Page 9 of 15
Collier County, the State of Florida or any political subdivision or agency thereof but
shall be payable solely from the revenues pledged therefor pursuant to a loan agreement
or other financing agreement entered into between the Authority and the Company prior
to or contemporaneously with the issuance of the Bonds. The Authority has no taxing
power.
SECTION 8.LIMITED APPROVAL. The approval given herein shall not be
construed as an approval or endorsement of approval of any necessary rezoning
applications nor for any other regulatory permits relating to the Project and the Authority
shall not be construed by reason of its adoption of this resolution to have waived any
right of Collier County or estopping Collier County from asserting any rights or
responsibilities it may have in that regard.
SECTION 9.EFFECTlVE DATE. This Resolution shall take effect immediately.
....
ADOPTED this 13th day of April, 2005.
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COLLIER COUNTY INDUSTRIAL
DEVELOPMENT AUTHORITY
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EXHIBIT A TO RESOLUTION
NOTICE OF PUBLIC HEARING
Agenda Item No. 16K2
April 26, 2005
Page 10 of 15
Agenda Item No. 16K2
April 26, 2005
Page 11 of 15
Notice of Special Meeting and Public Hearing
Notice is hereby given that the Collier County Industrial Development Authority
(the "Authority") will conduct a special meeting and public hearing on April 13,
2005 at 8:30 a.m. in the Economic Development Council of Collier County
Conference Room, 3050 North Horseshoe Drive, Suite 120, Naples, Florida, 34104
for the purpose of receiving public comments and hearing discussion concerning
the proposed issuance of the Authority's Industrial Development Revenue Bonds
(Ave Maria Utility Company Project), Series 2005 in an aggregate principal amount
not to exceed $20,000,000 (the "Bonds"), for the purpose of making a loan or loans
to Ave Maria Utility Company, LLLP, a Florida limited liability limited partnership
(the "Company"), for the purpose of providing funds to fmance a portion of the cost
of constructing and equipping central water, wastewater, and reuse systems that will
serve the Ave Maria University and Town, as described under the heading
"Description of the Project" set forth below.
DescriDtion of the Proiect
Water System: 1.0 million gallon per day (mgd) reverse osmosis water treatment
plant with two filter skids rated at .5 mgd each; a 1.5 million gallon concrete water
tank; yard piping, and components; offices, laboratory and equipment, supply
inventory and storage space; raw water supply well system; pumps and raw water
transmission mains; treated water transmission facilities.
Wastewater System. A .75 mgd water reclamation facility utilizing an activtated
sludge treatment process followed by tertiary filtration and high level disinfection;
force main transmission system; facilities to provide access to users of effluent (the
by-product of the treatment process) for re-use in irrigation of golf course,
residences and green spaces; associated equipment, and an operations and electrical
buildings.
Location of the Proiect
Plant Site: A parcel consisting of33.41 acres more or less located in Sections 5 and
8, Township 48 South, Range 29 East, Collier County, Florida. The plant site is
north of Oil Well Road. A detailed legal description and map of the plant site is
contained in the applicatio~ which is available for public inspection at the offices
of the Authority at the address set forth herein.
Proiect Service Area: The Company has obtained certificates from the Board of
County Commissioners of Collier County establishing the Company as the
exclusive water and wastewater service provider for Ave Maria University and
Town. The service area includes part of Sections 21, 22,27,28,29, 30, and 33 and
Agenda Item No. 16K2
April 26, 2005
Page 12 of 15
all of Sections 31 and 32, Township 47 South, Range 2S East;
And, part of Sections 4, 9, 16, 17, and 18, and all of Sections 5,6, 7, and 8,
Township 48 South, Range 29 East;
And part of Sections 1, 12, and 13, Township 48 South, Range 28 East;
And all of Section 36, Township 47 South, Range 28 East
A detailed legal description and map of the project service area is contained in the
application, which is available for public inspection at the offices of the Authority
at the address set forth herein.
Initial Owner and Operator
The initial owner and operator of the Project will be Ave Maria Utility Company,
LLLP, a Florida limited liability limited partnership
The bonds will be payable solely from the revenues derived by the Authority from a
loan agreement or other financing documents between the Authority and the
Company. Neither the bonds nor the interest thereon shall be an indebtedness of,
or a pledge of, the taxing power or any other revenues of Collier County, the State
of Florida, or any political subdivision or agency thereof.
Copies of the application for fmancing are available for public inspection and
copying at the office of the Authority set forth below. All interested persons are
invited to submit written comments or attend the hearing, either personally or
through their representative, and will be given an opportunity to express their views
concerning the project or the financing. Anyone desiring to make written
comments in advance of the hearing may send such comments to:
Collier County Industrial Development Authority
c/o Economic Development Council
3050 North Horseshoe Drive, Suite 120
Naples, Florida 34104
SHOULD ANY PERSON DECIDE TO APPEAL ANY DECISION MADE BY
THE AUTHORITY WITH RESPECT TO ANY MATTER CONSIDERED AT
SUCH HEARING, SUCH PERSON WILL NEED A RECORD OF THE
PROCEEDINGS AND, FOR THAT PURPOSE, SUCH PERSON MAY NEED
TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE
Agenda Item No. 16K2
April 26,2005
Page 13 of 15
UPON WHICH THE APPEAL IS TO BE BASED.
In accordance with the Americans with Disabilities Act, persons needing a special
accommodation to participate in this hearing should contact Donald A. Pickworth,
General Counsel, at (941) 263-8060 no later than seven (7) days prior to the
hearing.
This notice is given pursuant to Section 147(f) ofthe Internal Revenue Code, as
amended.
Collier County Industrial Development Authority
/s/Donald A. Pickworth
Assistant Secretary and
General Counsel
..---.---.
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NAPLES DAILY NEWS
Published Daily
Naples, FL 34102
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they seIVe as the authority, personally
appeared B. Lamb. who on oath says that they
serve as the Assistant Corporate Secretary of the Naples Daily,
a daily newspaper published at Naples, in Colüer County,
Florida; distributed in Collier and Lee counties of Florida; that
the attached copy of the advertising, being a
PUBLIC NOTICE
in the matter of Public Notice
as published in said newspaper
time(s) in the issue on March 29th. 2005
Affiant further say. that tho said Naplet Daily N.,.~ i.. now.paper
pubJished at Napl.s. in .aid CoUier County. Flori..... and tba1 the said
newspaper has heretofore been continuOUily published in said.ÇoUior
CountY. Florida; distribut.d in Colli.r and Lee counties of Acrid..
each day and has beco entored... second class mail matter at tho poat
office in Napl... in said Collier Cocnty. Florid.. for . period of 1
yom- noxt precoding the first publication of the attached copy of
advertisomeut; and affiant further ..y. tI1a1 he has neither paid nor
promised any perIOn, firtJI or corporation any discount, rebate,
commwion 0/" ",fund fO/" the purpose ofoocuring W. advertisemont for
publiœioo in tho said newspaper.
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( Signature of affiant)
Sworn to and subscribed before me
TIris 14th, April 2005
., Harriett Bt/sbony
'< MY COMMlSS1otH/ DD2346ö/ EXPIRES
Ju~ 24, 2007 .
ßO~IIEJ IHUI r.oY f.tI'N!USOCL \NC
Agenda Item No, 16K2
April 26, 2005
Page 14 of 15
Agenda Item No. 16K2
April 26. 2005
Page 15 of 15
-
DONALD A. PICKWORTH, P.A.
ATTORNEY A T LAW
SUITE 502 NEWGA TE TOWER
5150 NORTH T AMIAMI TRAIL
SUITE 502
NAPLES, FLORIDA 34103
e-mail: picklawt.DJearthlink.net
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FAX (239) 598-11~1
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(239) 26]-8060
April 13, 2005
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David C. Weigel, Esquire
Collier County Attorney
Collier County Courthouse/Bldg F
Naples, FL 34112
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Re: April 26, 2005 Agenda
Dear David:
I am. enclosing the following documents for inclusion in the April 26, 2005 agenda:
1. Executive Summary relating to approval of Collier County Industrial Development
Authority bonds to finance the construction of water and wastewater utility facilities for
A ve Maria Utility, a joint venture of Barron Collier Company and Ave Maria
University created to provide utility services to the university and the town.
2. Resolution to be adopted by the Board of County Commissioners at the Board meeting
of April 26,2005.
3. Exhibits consisting of the Inducement Resolution adopted by the Authority at its meeting
on April 13 and including as an exhibit the Affidav it of Publication for the required
TEFRA hearing conducted by the Authority.
Since we have been placing these items on the Consent Agenda recently, I would request that this
also be on Consent. Should there be any questions or concerns, please give me a call. Thank you for
your assistance in this, and if you have any questions or need further infonnation, please contact me.
Very truly yours,
&zkwortb
Enclosures
Agenda Item No. 16K3
April 26, 2005
Page 1 of 11
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners (1) Execute the
Attached Agreement Between the Department of Community Affairs and
the Board of County Commissioners Which Would Have the Effect of
Allowing Variations for Plantation Island (Unrecorded) Subdivision, Units
One, Two and Three From the Big Cypress Area of Critical State Concern
Regulations as Implemented by Collier County Through its Growth
Management Plan and Land Development Code and (2) Direct that the
Definition of the Term "Variance" in the Land Development Code be
Amended to Include Variations From the Big Cypress Area of Critical State
Concern Regulations as Implemented By the Land Development Code.
OBJECTIVE: The objective of the Agreement is to allow variations for the
Plantation Island (unrecorded) Subdivision Units One, Two and Three from the
operation of the Big Cypress Area of Critical State Concern regulations as
implemented by Collier County through its Growth Management Plan (GMP) and
Land Development Code (LDC).
CONSIDERATIONS: In the early 1980's, the State required Collier County to
incorporate the Big Cypress Area of Critical State Concern (ACSC) requirements
into its GMP and LDC. (See Attachment 1 for more details on the legislative
history.) One of the regulations of the Big Cypress ACSC states: "no mangrove
trees or salt marsh grasses shall be destroyed or otherwise altered. 11
There are many small lots within the Plantation Island subdivision that are largely
or completely covered by this type of vegetation. The regulations do not provide
any ability for the County to apply any discretion of application of this restriction
to building permit applications. Thus, this particular restriction will not allow the
alteration of a lot which is largely or completely covered with this vegetation,
rendering them "unbuildable."
In recent years, Staff received applications for building permits on certain lots but
could not find any applicable criteria to approve the applications. Because of this
situation staff contacted the Department of Community Affairs (DCA), Florida
Department of Environmental Protection (FDEP) and others to determine if the
County could allow some degree of alteration and, if not, what options could be
-1-
Agenda Item No. 16K3
April 26, 2005
Page 2 of 11
pursued to allow the County to issue building permits in this area.
On July 12, 2004, Environmental Staff presented a briefing paper to the Board of .
County Commissioners setting forth the issue and presenting three options as
follows:
Optional Courses of Actions
The result of these discussions has led Staff to conclude that other courses of
action must be pursued in order for the County to address this situation. Options
to consider include:
1. Have Plantation Island removed from the Big Cypress ACSC;
2. Amend GMP and LOC's for variance program;
3. Purchase property.
Option 1. Have Plantation Island Removed from the Bia Cypress ACSC
This option will require the State to take legislative action in order to modify the
boundaries of the Big Cypress ACSC. The County would then amend its GMP
and LOC to reflect this action by the State. In implementing this action, Staff
recommends that the County adopt certain restrictions that would allow for least
amount of building on the existing lots in order to minimize the impacts to
mangrove and other marine habitat but still allow some utilization of the lots.
This Option is preferable to Option 2 in that a variance procedure by the County
would not have to be developed.
Option 2. Amend the GMP and LOC for a Variance Proaram
For this option, the County will draft a variance procedure to establish criteria
that could be used to allow a minimal amount of marine habitat to be altered
within the ACSC. Staff recommends that these criteria be narrowly construed in
order to limit the application of the variance to situations that will be limited in
geographical scope in order to minimize the application of variances within the
ACSC. The State will be more likely to approve such a procedure if it is very
limited in geographical application within the ACSC. The variance procedure
would be proposed as an amendment to the GMP. The amendment would
require supporting data and analysis and would be processed through the
regular amendment process.
-2-
Agenda Item No. 16K3
April 26, 2005
Page 3 of 11
Option 3. Purchase Property
State officials indicated that a Florida Communities Trust Grant could offset
County purchase cost of the lots. Florida Communities Trust (FCT) is a state
land acquisition grant program housed at the DCA. FCT provides funding to
local governments and eligible non-profit environmental organizations for
acquisition of community-based parks, open space and greenways that further
outdoor recreation and natural resource protection needs identified in local
government comprehensive plans. Matching and full grants for land acquisition
projects are provided to communities through an annual competitive application
cycle. Approximately $66 million is available to eligible applicants each year and
applicants are eligible for up to 6.6 million or 10 percent of this amount. The next
application deadline is June 2005. The Property Appraiser's website shows
approximately 25 lots that have assessed values of between $2,000 to $4,000
and from aerials may have significant mangrove vegetation. At an average of
$3,000 per lot, these lots would represent $75,000 in assessed values. Other
undeveloped lots range up to $18,000+ in assessed value. An exact count has
not been conducted but a preliminary estimate is that all undeveloped lots could
represent $175,000 to $200,000+/- in assessed value.
Subsequently, the Board directed County Staff to pursue legislative action to
remove Plantation Island Subdivision (Units One, Two and Three) from the Big
Cypress ACSC. The appropriate House and Senate bills were endorsed by the
Board and the Collier County Legislative Delegation and have been moving
forward in the current legislative session. However, this agreement with the
DCA has some advantages over the legislative method and establishes an
understanding with DCA in these matters.
The Agreement contemplates the use of the County's variance process to
achieve variations in the Big Cypress ACSC regulations as implemented by the
LDC. Accordingly, the definition of the term "variance" in the LDC should be
amended to include variations from the applicable Big Cypress ACSC
regulations as implemented by the LDC.
FISCAL IMPACT: No negative fiscal impact. There is a positive fiscal impact in
that implementation of the Agreement serves to protect the County from
defending claims of taking of private property rights under the federal and state
constitutions.
-3-
~""'.""'-"-"".
Agenda Item No. 16K3
April 26, 2005
Page 4 of 11
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners execute the
attached Agreement with the Department of Community Affairs having the effect
of exempting Plantation Island (unrecorded) Subdivision Units One, Two and
Three from the operation of the Big Cypress ACSC regulations as implemented
through the County's GMP and LDC.
Prepared by Marjorie M. Student, Assistant County Attorney
-4-
Item Number
Item Summary
Meeting Date
Approved By
David C. Weigel
County Attorney
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K3
Agenda Item No. 16K3
April 26. 2005
Page 5 of 11
Recommendation that the Board of Counfy Commissioners (1) Execute the Attached
Agreement Befween fhe Department of Community Affairs and the Board of County
Commissioners Which Would Have the Effect of Allowing Variations for Plantation Island
(Unrecorded) Subdivision, Units One, Two and Three From the Big Cypress Area of
Critical State Concern Regulations as Implemented by Collier County Through its Growth
Management Plan and Land Development Code and (2) Direct That the Definifion of the
Term "Variance" in the Land Development Code be Amended to Include Variations From
the Big Cypress Area of Critical Stafe Concern Regulations as Implemented By the Land
Development Code
4/26/20059:00:00 AM
County Attorney
County Attorney Office
Date
411412005 3:07 PM
Date
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
4114120054:07 PM
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Office of Management & Budget
Date
4114/20055:34 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
Date
4114120058:27 PM
·
Agenda Item No. 16K3
April 26, 2005
Page 6 of 11
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to calf home"
April 8, 2005
THADDEUS L. COHEN
Secreta/)'
C?
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JEB BUSH
Governor
Marjorie M. Student, Assistant County Attorney
Office of the Collier County Attorney
2800 North Horseshoe Drive, Suite 300
Naples, FL 34104
~
-
-
."
Re: Plantation Island Subdivision 380.032 Agreement;
Second version
Dear Ms. Student:
I have included three originals of the Plantation Island 380.032 Agreement, each of
which includes a reference to "Plantation Island Unit I." Each has been executed by the
Department. Please present the proposed Agreement to the Commission, and if acceptable,
return one of the completely executed agreements to me.
Sincerely,
~~
Deputy General Counsel
(850) 922-1690
2555 SHUMARD OAK BOULEVARD. TALLAHASSEE. FLORIDA 32399-2100
Phone: 850.488.8466/Suncom 278.8466 FAX: 650.921.0781/Suncom 291.0781
I nternet address: httD :/fwww.dca.state.fl.us
CR1T1CA~ STATE CONCERN FIELD OFFICE
2796 overseas Highway. Suite 212
Marathon. FL 33050-2227
(305) 289-2402
COMMUNITY PLANNING
2555 Shumard Oak BOUlevard
Tallahassee. F~ 32399·2100
(850) _·2356
E!oERGENCY MANAGEMENT
2555 Shurnartl OIIk Boulewrd
Tllll.i!ha..ee. FL 323W.21OO
(850) 413·9969
HOUSING & COMMUNITY DEVELOPMENT
2555 Shumard Oak Boulevard
Tallahessee. FL 32399-2100
(850) 488-7956
Agenda Item No. 16K3
April 26, 2005
Page 7 of 11
,-
§380.032(3) AGREEMENT REGARDING PLANTATION ISLAND SUBDIVISIONS
WITHIN THE BIG CYPRESS AREA OF CRITICAL STATE CONCERN
THIS AGREEMENT is entered into between Collier County and the Department of
Community Affairs ("DCA"), an agency of the state of Florida.
WHEREAS, DCA is the state land planning agency having the power and duty to
exercise general supervision of the administration and enforcement of Chapter 380, FLA. STAT.,
the Florida Environmental Land and Water Management Act of 1973, which includes provisions
relating to Areas of Critical State Concern; and
WHEREAS, Collier County is a political subdivision of the State of Florida., and a
portion of Collier County is within the Big Cypress Area of Critical State Concern, as designated
by §380.055, FLA. STAT., and FLA. ADMIN. R. 28-25.011; and
WHEREAS, it has come to the attention of DCA and Collier County that certain small
parcels of land under private ownership within the Big Cypress Area of Critical State Concern
are difficult or impossible to develop under a strict application ofthe Big Cypress Regulations in
FLA. ADMIN. R. CH. 28-25; and
WHEREAS, the purposes of the Florida Environmental Land and Water Management
Act of 1973 and the Big Cypress Area of Critical State Concern include protection of natural
resources and the environment, and the preservation of private property rights in accordance with
the constitutions of Florida and the United States (§380.021 and §380.055(l), FLA. STAT., and
FLA. ADMfN. R. 28-25.002); and
WHEREAS, the Florida Environmental Land and Water Management Act of 1973 does
not authorize any governmental agency to adopt a rule or regulation that is unduly restrictive or
constitutes a taking without the payment of full compensation (§380.08(1), FLA. STAT.); and
WHEREAS, the Big Cypress Regulations contemplate the use oflocal variance
procedures within the Big Cypress Arèa of Critical State Concern (FLA. ADMIN. R. 28-25.011),
but the appropriate application of variance procedures to the small parcels described above is
unclear and uncertain; and
WHEREAS, DCA is authorized by Section 380.032(3), FLA. STAT., to enter into
agreements with any landowner, developer or governmental agency as may be necessary to
effectuate the provisions and purposes of Chapter 380, FLA. STAT., or any rule promulgated
thereunder; and
WHEREAS, DCA and Collier County desire to clarify and establish the proper
application of variance procedures in the Big Cypress Area of Critical State Concern.
Agenda Item No. 16K3
April 26, 2005
Page 8 of 11
NOW, THEREFORE, DCA and Collier County agree as follows:
I. Representations. The representations set forth above are incorporated herein and are
essential elements hereof.
2. Area Affected. This Agreement shall apply to parcels within the Plantation Island
Unit One, Plantation Island Unit Two, and Plantation Island Unit Three Subdivisions
(unrecorded) located in Section 24, Township 53 South, Range 29 East, in Collier County,
Florida, as more specifically described on Exhibit "A" and shown on Exhibit "B" attached
hereto.
3. Minimum Development. A development order which authorizes the following
development on a group of adjacent lots under common ownership, including on a single lot if
only one is owned, within the area described in paragraph 2 shall be an appropriate variance
under FLA. ADMIN. R. 28-25.001:
Site alteration, including dredging and filling, of up to 2,500 square feet,
regardless of the pre-development vegetation.
4. Entiretv of Agreement. This Agreement contains the entire and exclusive under-
standing and agreement among the parties and may not be modified in any manner except by an
instrument in writing and signed by the parties.
5. Duplicate Originals. This Agreement may be executed in any number of originals, all
of which evidence one agreement, and only one of which need be produced for any pwpose.
6. Enforcement. In the event of a breach of this Agreement or failure to comply with
any condition of it or if it has been based upon materially inaccurate infonnation, DCA may
enforce this Agreement as provided in Sections 380.07 and 380.11, FLA. STAT.
7. Scope of Authority. This Agreement affects the rights and obligations of the parties
under Chapter 380, FLA. STAT. It is not intended to influence or determine the authority or
decisions of any other state or local government or agency in issuance of any other permits or
approvals that might be required by state law or local ordinance for any development authorized
by this Agreement.
8. Date of Execution. The date of execution of this Agreement shall be the date that the
last party signs and acknowledges this Agreement.
2
..-......-------- ._--- -.--
Agenda Item No. 16K3
April 26, 2005
Page 9 of 11
IN WITNESS THEREOF, the parties by and through their respective undersigned duly
authorized representatives have executed this Agreement on the dates and year below written.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, CHAIRMAN
ATTEST: DWIGHT E. BROCK, CLERK
By:
Deputy Clerk
Approved as to fonn and legal sufficiency:
Assistant County Attorney
(
DEPARTMENT OF
COMMJOOTY ~ AIRS i"
, "i/. ., l / ' '¡'
BY: J[)..( ~." ."{ ·u(;·,r(
Valerie l{.' bard, Director
Division of Community Planning
Ap roved as to form. and legal sufficiency:
¿~
1. of Community Affairs
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument ~ acknowledged
before me t1ús %!1!:: day of ~, I , 2005,
by Valerie Hubbard of the Depa ent of Connnunity
Affairs, an agency of the State of Florida, ~
personally known to me. or has produced
as identification and
w:;;::¡ mke?ili
. . fA \...;/ . -it }JC
Notary Publíc
My commission expires:
3
4-07-2ØØ5 9: 17AM
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FROM COLLIER_COUNTY_ATTY 2396595720
Agenda Item No. 116K:S
April 26, 2005
Page 10 of 11
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EXECUTIVE SUMMARY
Agenda Item No. 16K4
April 26, 2005
Page 1 of 2
Recommendation that the Board of County Commissioners authorize the employment of a land use
attorney and legal secretary to be dedicated to Community Development and Environmental
Services issues and approve the necessary budget amendments.
OBJECTIVE: The employment of a land use attorney and legal secretary to provide for increased
service demands and achieve efficiencies in legal services for the Community Development and
Environmental Services Division.
CONSIDERA TIONS: The demands for services upon County government have increased
significantly by virtue of increased vo lume of permit, rezoning and development plan applications,
more lawsuits and other challenges to the County's growth management system. Much of the work
assigned to the attorneys is timing and date driven and there is a significant amount of work that
merits more, not less, legal and CDES attention.
It is considered appropriate and necessary to provide more legal resources to the Division to better
attend to the continuous high volume of staff and Board-related work that requires legal review and
assistance.
It is the opinion of the Development Services Administrator, the County Manager and the County
Attorney that an additional land use attorney and legal secretary to be located at the Development
Services building is needed now to allow for more and better coordinated work / work product to
get done.
Offices for the additional staff will be located in the space currently occupied by the staff of the
Office of the County Attorney at the Community Development & Environmental Services building
on Horseshoe Drive. Modest space is available to accommodate the requested personnel by
converting an existing small conference room into an attorney office and rearranging the secretarial
I reception area of the office to accommodate another secretary. The revised office space will be
functional, although it will not allow for even small conferences nor allow for a sitting area for staff
and the public at this office.
The attorney and legal secretary will be hired by and report directly to the County Attorney.
FISCAL IMPACT: There will be no ad valorem fiscal impact. These positions along with all
associated costs will be funded from Development Services fund 131-919010. The costs associated
with these two positions, through the end of this fiscal year, are as follows: personnel including
benefits $54,946.73; one-time capital costs (including furniture, computers and office equipment)
$8,200.00; and operating costs (including supplies, postage, etc.) $11,800.00.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners approve the requested
positions and authorize the County Attorney to employ an additional land use attorney and legal
secretary to be dedicated to Development Services and approve the necessary budget amendment
from the Development Services fund 131 in the amount of$74,946.73.
03-COA-DDA/53
'-'·-""""R'_·"'·"'"'_"
Agenda Item No. 16K4
April 26. 2005
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16K4
RecDmmendation that the Board of County CDmmissioners authDrize the employment Df a
land use aHorney and legal secretary tD be dedicated to CDmmunity Development and
Environmental Services issues and approve the necessary budget amendments.
Meeting Date
4/261200590000 AM
Approved By
Joseph K. Schmit!
Community Development &
Environmental Services AdminstratDr
Date
CDmmunlty DevelDpment &
Environmental Services
Community Development &
Environmental Services Admin.
4114120054:15 PM
Approved By
David C. Weigel
County Attorney
Date
County Attorney
County Attorney Office
4/14120054:26 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
CommissÎoners
County Manager's Office
4114/20057:41 PM
-.---.-..-
Agenda Item No. 17 A
April 26, 2005
Page 1 of 44
EXECUTIVE SUMMARY
CU-2004-AR-6671, Boca Bargoons of Naples, Inc., represented by Kelly Smith, of Davidson
Engineering, Inc., requests approval of a Conditional Use pursuant to Table 2 of Section 2.04.03
of the Land Development Code, to allow permitted personal services, video rental or retail uses
(excluding drug stores), with more than 5,000 square feet of gross floor area in the principal
structure, in the C-3, Commercial Intermediate, Zoning District. The property to be considered
for the Conditional Use is located at 4403 Tamiami Trail East, in Section 13, Township 50 South~
Range 25 East, Collier County Florida. This property consists of 2.53 +/-acres.
OBJECTIVE:
To have the Board of Zoning Appeals (BZA) detennine whether the requested conditional use is
consis~nt with the Collier County Growth Management Plan (GMP) and Land Development Code
(LDC) and is in the best interest of the community.
CONSIDERATIONS:
,-
The petitioner seeks a Conditional Use pursuant to table 2 of section 2.04.03 of the Land Development
Code, to allow pennitted personal services, video rental or retail uses (excluding drug stores), with
more than 5,000 square feet of gross floor area in the principal structure, in the C-3, Commercial
Intennediate, Zoning District. The site was previously cleared for a model home/sales center. The
applicant has a Site Development Plan (SDP) for the subject property under review at this time. The
proposed SDP shows three separate buildings, each containing multiple units. This petition does not
propose any additional intensity on the site, but would allow the owner to combine units to serve future
tenants' space needs. If approved, the owner/applicant will be the anchor tenant of the development,
and would use one of the proposed buildings to house a specialty fabric and upholstery store.
Staff completed a thorough analysis of the petition and found that the application was consistent with
the LDC and the Growth Management Plan, and is compatible with the surrounding area. Ingress and
egress to the property will be reviewed during the Site Development Plan process and will comply with
LDC requirements. The impacts to neighboring properties will be adequately addressed by the
installation of the LDC required 6-foot wall where adjacent to residential development, and the
required landscape buffers between commercial uses. For all of the above reasons, staff supports
approval of the petition.
FISCAL IMPACT:
,-
The approval of this Conditional Use request by and of itself will have no fiscal impact on Collier
County. There is no guarantee that the project, at build out, will maximize its authorized level of
development, however, if the conditional use is approved, the existing structure may result in an
impact on Collier County public facilities.
The County collects impact fees prior to the issuance of building pennits to help offset the impacts of
each new development on public facilities. These impact fees are used to fund projects identified in
the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted
Levels of Service (LOS) for public facilities. Additionally, in order to meet the requirements of
concurrency management, the developer of every local development order approved by Collier County
G:\Current\Wllllams\CU - Conditional Use\04-6671, Boca Bargoons\Executive Summaery, 3-29-05.doc
Page1af3
-...., ."...."....,.'"',.".......",;"."...,"'"',"""";"-...'----,,.-.~
Agenda Item No. 17A
April 26, 2005
Page 2 of 44
is required to pay 50 percent of the estimated Transportation Impact Fees associated with the project.
Other fees collected prior to issuance of a building pennit include building permit review fees and
, utility fees associated with connecting to the County's water and sewer system.
GROWTH MANAGEMENT PLAN IMP ACT:
The subject property is designated (Urban) Residential, Collier: County Future Land Use Map of the
Growth Management Plan, which allows commercial development. FLUE Policy 5.4 requires new
developments to be compatible with and complementary to the surrounding land use. Staff believes
that commercial development is an appropriate use for this site, and will be compatible with the
surrounding land uses. The other applicable element of the GMP for which a consistency review is
required is the Transportation Element. The Transportation Division reviewed the Traffic Impact
Statement for the subject site and did not raise any consistency issues. Therefore, this project is
consistent with Policy 5.1 and 5.2 of the Transportation Element. Based upon the above analysis, staff
concludes that the proposed use for the subject site can be deemed consistent with the GMP.
ENVIRONMENTAL ISSUES:
The Environmental Review staff reviewed the Conditional Use petition and had no comments on the
development of the site. Environmental concerns, if any, will therefore be addressed when subsequent
development approvals are sought.
ENVIRONMENTAL ADVISORY COUNCIL ŒAC) RECOMMENDATION:
Because there are no environmental issues associated with the project, the EAC did not hear this
petition.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
The CCPC heard this petition during their advertised public hearing on March 17, 2005.
Commissioners voted 7-0 to forward a recommendation of approval to the Board of Zoning Appeals.
The condition of approval is:
1. The conditional use is limited to what is shown on the conceptual site plan, identified as "Boca
Bargoons Conditional Use Exhibit", prepared by Davidson Engineering, Inc, last revised
December 2004. The site plan noted is conceptual in nature for conditional use approval. The
final design shall be in compliance with all applicable federal, state, and county laws and
regulations.
In compliance with the LDC, the CCPC made findings that: I) 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 items included in staff's
analysis, where applicable. Because the CCPC unanimously recommended approval, this petition has
been placed on the Summary Agenda.
G:\CurrentlWilliams\CU - Conditional Use\04-6671. Boca Bargoons\Executive Summaery, 3-29-05.doc
Page2of3
Agenda Item No. 17A
April 26, 2005
Page 3 of 44
LEGAL CONSIDERATIONS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
detennination by the CCPC and the Board of County Commissioners (BCC) must be based. That
criteria is found in Chapter IO.08.D (previously LDC Section 2.6.33.4.1) of the LDC, as quoted below:
Findings. Before any conditional use shall be recommended for approval to the board of
zoning appeals, the planning commission shall make 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 by the
petitioner and that, further, satisfactory provision and arrangement has been made
concerning the following matters, where applicable:
1. Consistency with this Code and growth management plan.
2. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and control, and
access in case of fire or catastrophe.
3. The effect the conditional use would have on neighboring properties in relation to noise,
glare, economic or odor effects.
4. Compatibility with adjacent properties and other property in the district.
STAFF RECOMMENDATION:
That the BZA approve Petition CU-2004-AR-6671 subject to the following condition:
1. The conditional use is limited to what is shown on the conceptual site plan, identified as "Boca
Bargoons Conditional Use Exhibif', prepared by Davidson Engineering, Inc, last revised December
2004. The site plan noted is conceptual in nature for conditional use approval. The final design
shall be in compliance with all applicable federal, state, and county laws and regulations.
PREPARED BY:
Heidi K. Williams, Principal Planner
Department of Zoning & Land Development Review
G:\CurrentlWllliams\CU - Conditional Use\04-6671, Boca Bargoons\Executive Summaery, 3-29-05.doc
Page3of3
Item Number
Item Summary
Meeting Date
Agenda Item No. '17 A
April 26, 2005
Page 4 of 44
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17A
This Item requires that a!1 participants b€ sworn in and ex parte disclosure be provided by
Commission members CU-2004-AR-t367 i, Boca Bargoans Qt' Naples. Inc.. represented by
Kelly Smi!h. of Davidson Engineering, Inc.., requests appro\o'al of a Conditional US€;
pursuant to Table 2 of Section 2.04.03 of the Land Development Code. to allow permitted
p~rsonf.il services, video rental or retail uses ¡ex-cluding drug s.tores!. with more than 5,000
square feet of gross fioor area 1!1 the principal s!rlJcture. in the C-~~. Commerda!
Intermediate, Zoning District. The property fo be considered for UH~ Conditional Use is
located at 4403 TalTHarni Trail East, in Section 13, Tcwnshlp 50 South. Range 25 East.
Collier County Florida. This property c.onsists of 2 .53 +!.acres.
4/26/20059:00_00 AM
Prepared By
4'8120054:11:08- PM
Heidi \Nilliarns.
Communíty Development &
Etlvimnn-\!~nf¡¡11 SNvi(:(!$
Ditto
PflncÎpal Planner
Zoning &, land Deve-iopment Re-v¡e-w
Date
Approved By
Sandra lea
c.oml'ßunity Developn)ent &
Environmental Service'!>
Ex,",cutive- Sec.'re-tary
Community Development &
Environmental Services. Admin,
4l11/2(J05 &:37 AM
Datl~
Approved By
Ray Bfdl( ws;
Communrty Development &.
Environmental Services
Chif=f Phum41'
ZOflin9 &. Land Oe'il'l!: oprnp.nt Rt1''it......."
4111/200S 10:18 AM
Date
Approved By
Susan Murmy, AICF'
GC)!Jununjty Devp.:kJ,mu~l~t &
EllvirDnnu!(\t~1 Sr.r'.li<:e$
Zoning & tand DeV4!!oprn6nt Director
Zoning &. Land Developnumt Review
4i11/200510:44 AM
Date
Approved By
Patrick G. White
Counfy Attorney
Assistant County Attorney
County Attomny Office
4i11/2005 4:28 PM
Date
Approved By
D<Ir¡.ald L 51; )"
Traosportion Se/'Viçes
r,anspl),tafil)n Planning l)irm:tIH
TransportatiQn Planning
4112/200510:51 AM
Date
Approved B,.·
Norm E. Feder, AIG?
Tmll!; lOI'tit>ll S~tvicQ!>
Tran5portatio-n OIVitöion Adminj¡;Lnator
Transportation Serv¡c ~!; Adrnin.
4!13JlOÐ~ 2:0& PM
Community Development &
En~'irollment31 Services. Admins-trator
Dorte:
App.·oved By
Jos.nph K. Schmitt
Community Devclopmr."' &
EnvironmentAISr.hlict1's
Cummonìty D~"'f!'lopmr.nt.\
Environmental Sp.!rvit:es Adn1in.
4!1312005 2:25 PM
Datl~
Approved By
OMB Court/inat ) '
County Manager's Office
AdmÎni!.1ratÎve A!$.!ii.s;tanl
Office of Management & Budyet
4113/20053:17 PM
Date
Approved By
Mark Il>n<:kson
Cotlnty Manager's Office
Budgct Analyst
Office of Management & Budget
4/161200511 :39 AM
Date
Appl'oved By
Michael Smykowski
County Manager's Oft'ice
Management & Budget Director
Office of Managentent &. Budget
4/1112005 9:38 AM
Date
Approved By
James V. Mudd
Board of County
Cotnmi~! ;iollen;
County ManagN
County Manager's Office
4i18i2005 7:04 PM
~._'_.__.-
Agenda Item No. 17 A
April 26, 2005
Page 5 of 44
Co~T County
- '--~ --
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEP ARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: MARCH 17,2005
SUBJECT: PETITION CU-2004-AR-6671, BARGOONS DEVELOPMENT
PROPERTY OWNER! AGENT:
OWNER:
Boca Bargoons of Naplcs, Inc.
3030 Castle Pines Drive
Duluth. GA 30097
AGENTS:
Kelly Smith
Davidson Engineering, Inc.
2154 Trade Center Way, #3
Naples, FL 34117
Stan Stouder, CB Richard Ellis
8771 College Parkway
Ft. Myers, PL 33919
REQUESTED ACTION:
The petitioner requests approval of a Conditional Use pursuant to Table 2 of Section 2.04.03 of
the Land Development Code (LDC), to allow permitted personal services, video rental or rctail
uses (excluding drug stores). with more than 5,000 square feet of gross floor area in the principal
structure, on 2.53 ± acres.
GEOGRAPHIC LOCATION:
The subject parcel is located at 4403 Tamiami Trail East in Section 13, Tov'lI1ship 50 South,
Range 25 East, Collier County, Florida. (Please see location map on the next page.)
CU-2004-AR-6671 CCPC Meeting: 311712005 Page 1 of 8
Agenda Item No. 17 A
April 26, 2005
Page 6 of 44
PURPOSEIDESCRIPTION OF PROJECT:
The petitioner seeks a Conditional Use in the Commercial Intermediate (C-3) zoning district to
allow permitted personal services, video rental or retail uses (excluding drug stores), \\'Ìth more
than 5,000 square feet of gross floor area in the principal structure. The conceptual site plan,
which is located on page six of this report and was provided with the Conditional Use
application, shows three separate buildings on the site. Two of the buildings house three 2,500-
square-foot suites. The third building contains seven 1,500-square-foot suites. The applicant
desires the ability to combine suites into larger units to accommodate the needs of fllture tenants.
The anchor tenant, who is also the owner of the site, proposes to utilize one entire 7,500-square-
foot building for use as a specialty fabric store, which would only be allowed if the Conditional
Use application is approved.
SURROUNDING LAND USE & ZONING:
SUBJECT PARCEL:
Vacant, zoned C-3
SURROUNDING:
North:
East:
South:
West:
Multi-family residences, zoned Residential Multi-Family (RMF-6)
Commercial building, zoned C-3
U.S. Highway 41 R-O-W, Commercial buildings, zoned PUD
Restaurant, zoned C-3
GROWTH MANAGEMENT PLAN CONSISTENCY:
Comprehensive Planning staff has reviewed this request and offered the following comments:
FUTURE LAND USE ELEMENT (FLUE):
The subject property is designated Urban (Urban - Mixed-Use District, Urban
Residential Subdistrict), as identified on the Future Land Use Map of the Growth
Management Plan. Relevant to this petition, FLUE Policy 5.1 provides property
zoned prior to the adoption of the Plan and found to be consistent through the Zoning
Re-evaluation Program are consistent with the Growth Management Plan and
designated on the Future Land Use Map series as properties Consistent by Policy.
Zoning changes will be permitted to these properties, provided the amount of
commercial land use and the overall intensity of development allowed are not
increased. In addition, pursuant to Policy 5.10, properties for which compatibility
exceptions have been granted, as provided in the Zoning Re-evaluation Program
established pursuant to [fomler] Policy 3.1K ,md identified on the Future Land Use
Map series as Properties Consistent by Policy, shall be considered consistent with the
Future Land Use Element. The subject property is consistent by Policy.
FLUE Policy 5.4 requires that all new developments are compatible with and
complimentary to the surrounding land uses. Comprehensive Planning leaves this
detemlination to the Department of Zoning & Land Development staff as part of their
review of the petition in its totality.
CU-2004-AR-6671 CCPC Meeting: 3/17/2005 Page 3 of 8
Agenda Item No. 17 A
April 26, 2005
Page 7 of 44
CONCLUSION: Based upon the above analysis, staff concludes the proposed uses
for the subject site can be deemed consistent with the Future Land Use Element.
TRANSPORTATION ELEi'v1ENT:
The Transportation Services Division reviewed the proposed project and has found it
consistent with Policies 5.1 and 5.2 of the Transportation Element of the GMP.
ANALYSIS:
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 wiH be met; and 3) satisfactory provisions have been made concerning the
follO\ving matters, where applicable:
1. Consistency with the Land Development Code and the Growtb Management Plan.
As previously noted, this request is consistent with the Growth Management Plan and with
the conditions proposed by staff, this project will be in compliance with the LDC.
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 by way of one entrance off of U.S.
Highway 41. The applicant has submitted an application for SDP review that shows this one
entrance. All issues of pedestrian and automotive safety will be addressed during the SDP
process. Emergency and handicap access availability will be reviewed at this same time.
Every aspect of the site will be required to comply with the Land Development Code prior to
construction.
3. The effect the Conditional Use would have on neighboring properties in relation to
noise, glare, economic or odor effects.
If the Conditional Use were granted, there would be no additional impacts on neighboring
properties than there would otherwise be from development of the site. The proposed density
is not regulated by the C-3 zoning district. The conceptual site plan shows three buildings
with multiple suites. Each one, as proposed, could be used for an individual retail purpose.
The applicant wishes to have the ability to combine several units into larger stores. The
anchor store of the development, Boca Bargoons fabric store, is typically more than 5,000
square feet.
4. Compatibility with adjacent properties and other property in the district.
The subject site is located on U.S. Highway 41, which is a heavily traveled, six-lane
arterial roadway. Across the right-of-way to the west, as well as adjacent to the
CU-2004-AR-6671 cCPC Meeling: 3/1712005 Page 4 of 8
Agenda Itern No. 17 A
April 26, 2005
Page 8 of 44
property on both the north and south sides, is C-3 zoning. These properties are
developed commercial sites that house a restaurant, a music store and various other
retail sales. Located to the east of the subject property is a multi-family residential
area that is zoned RMF-6 and is developed with one-story villas. Multi-family
residential is considered an acceptable intermediary between commercial zoning and
lower intensity uses. The applicant will construct a 6-foot high wall and will provide
a 15-foot Type HB" landscape buffer as required by the Land Development Code to
protect residents from the potential negative effects of commercial development.
EAC RECOMMENDATION:
The Environmental Advisory Council did not review this petition because the site is under the
size threshold (10 acres) to require an Environmental Impact Statement.
NEIGHBORHOOD INFORMATION MEETING CNIM):
Synopsis provided by Linda Bedtelyon, Community Planning Coordinator:
Kelly Smith of Davidson Engineering, representing Stan Stouder, held the required NIM on
February 10,2005 at the East Naples Community Library at 5:30 P.M.
Three persons, other than the applicant's agents and county staff, attended. Mr. Bob Murray,
East Naples Civic Association President, expressed the desire for greater landscape buffers,
especially along US-41, than what the code requires. Ms. Smith presented a site development
plan that is cun-ently under county review along with the request for a Conditional Use. In
response to a question of building height, Ms. Smith stated the proposed height for the three
buildings is 25 feet. A Lakewood Villa V resident commented that while she does have density
concems and thinks it's important to consider more green space, she is pleased with the proposed
development of the property. All who spoke were in favor of the project.
STAFF RECOMMENDATION:
Staff recommends that the Collier County Planning Commission recommend approval of
Petition CU-2004-AR-6671 to the Board of Zoning Appeals, subject to the following conditions:
1. The conditional use is limited to what is ShOVoil1 on the conceptual site plan,
identified as "Boca Bargoons Conditional Use Exhibit", prepared by Davidson
Engineering, Inc, last revised December, 2004. The site plan noted is conceptua1 in
nature for conditional use approval. The final design shall be in compliance with all
applicable federal, state, and county laws and regulations.
CU-2004-AR-6671 CCPC Meeting: 3/17/2Q05 Page 5 of 8
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Agenda Item No, 17 A
CU-2004-AR-6671, Bargoons Developm~~~~~
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Agenda Item No. 17 A
April 26. 2005
Page 11 of 44
p~-
HEIDI K. WILLIAMS, PRINCIPAL PLANNER
DEPARTMENT OF ZONING AND LAND
DEVELOPMENì REVIEW
2( l*105
DATE
REVIEWED BY:
z/ztf/o~
DATE .
LLOWS, ZONING MANAGER
DEP TMENT OF ZONING AND LAND
DEVELOPMENT REVIEW
SÚ~~R
DEPARTMENT OF ZONING AND LAND
DEVELOPMENT REVIEW
3/; 10)
DATE
APPROVED BY:
l.S!h--s-
DiVrE1
Collier County Planning Commission:
RUSSELL A. BUDD, CH.Ä.IRMAN
DATE
Staff report for the March 17, 2005 Collier County Planning Commission Meeting
Tentatively scheduled for the April 26, 2005 Board of County Commissioners Meeting
CU-2004-AR-6671 CCPC Meeting: 3/17/2005 Page 8 of 8
Agenda Item No. 17 A
April 26, 2005
Page 12 of 44
APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE
Commission District:
. . . CU-2004-AR-6671
Date PetitlOn ReceIved: _ PROJECT #2004020016
DATE: 10/27/04
Planner Assigned: _ MICHAEL DERUNTZ
Petition No.:
ABOVE TO BE COMPLETED BY STAFF
1 . General Information
Name of Applicant(s) Stan Stouder
Applicant's Mailing Address 8771 College Parkway
City Ft. Myers
State Florida
Zip 33919
Applicant's Telephone # (239)481-3800
Fax # (239)481-9950
Name of Agent Kelly Smith
Firm Davidson Engineering. Inc.
Agent's Mailing Address 2154 Trade CenterWay. #3
City Naples
State Florida
Zip 34117
Agent's Telephone # 239-597-3916
Fax # 239-597-5195
COLLIER COUNTY COMMUNITY DEVELOPMENT
PLANNING SERVICES/CURRENT PLANNING
2800 N. HORSESHOE DRIVE - NAPLES, FL 34104
PHONE (941) 403-2400/FAX (941) 643-6968
.o\PPLICA TION FOR PUBLIC HEARING FOR CONDITIONAL USE _ t 1/98
PAGE 1 OF 15
Agenda Item No, 17 A
April 26, 2005
Complete the following for all Association(s) affiliated with this petition. (Provide additigrOO8 13 of 44
shèets 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: NIA
Mailing Address City State Zip
2. Disclosure of Interest Information:
a. If the property is owned fee simple by an INDMDUAL, 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 ofOwnersrup
b. If the property is owned by a CORPORATION, list the officers and stockholders and
the percentage of stock owned by each.
Name, Address and Office
Boca Bargoons of Naples, Inc.
3030 Castle Pines Drive
Duluth, GA 30097
Percentage of Stock
100%
APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE. 11/98
PAGE 2 OF 15
Agenda Item No. 17 A
April 26, 2005
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the ~JIi>f 44
the percentage of interest.
Name and Address
Percentage of Interest
d. lfthe property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the
name of the general and/or limited partners.
Name and Address
Percentage of Ownership
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a
Corporation, Trustee, or a Partnership, list the names of the contract purchasers
below, including the officers, stockholders, beneficiaries, or partners.
Name and Address
Percentage of Ownership
Date of Contract:
f. If any contingency clause or contract tenns involve additional parties, list all
individuals or officers, if a corporation, partnership, or trust.
Name and Address
g. Date subject property acquired (11/03) leased ( ):_ Tenn of1ease
yr./mos.
If, Petitioner has option to buy, indicate date of option:
terminates: , or anticipated closing date
and date option
h. Should any changes of ownership or changes in contracts for purchase subsequent to
the date of application, but prior to the date of the final public hearing, it is the
APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE -11/98
PAGE 3 OF 15
Agenda Item No. 17A
April 26, 2005
responsibility of the applicant, or agent on his behalf, to submit a supþl~á1f 44
disclosure of interest fonn.
3. Detailed le2al description of the property covered bv the application: (If space is
inadequate, attach on separate page.) If request involves change to more than one zoning
district, include separate legal description for property involved in each district. Applicant
shall submit four (4) copies of a recent survey (completed within the last six months,
maximum I" 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: 13
Township: 50
Range: 25
Lot:
Block:
Subdivision:
Plat Book_ Page #:
Property I.D.#: 00393320002
Metes & Bounds Description: Commencing at the southeast comer of Section 13.
Township 50 South. Range 25 East. Collier County, Florida: run North 1 ° 35' 20" West
149.72 feet along the East boundary of said Section 13 to the Northeasterly right-of-way
line of U.S. 41: thence North 39° 05' 20" West 1.885.65 feet along the Northeasterlv right-
of-way line or U.S. 41 to the Point of Beginning: thence North 39° 05'20" West 275 feet
along said line: then North 50° 54' 40" East 400 feet: then South 39° 05'20" East 275 feet:
thence South 50° 54' 40" West 400 feet to the Point of Be¢.nning.
4.
Size of property:
275
ft. X 400 ft. = Total Sq. Ft. 110,000 Acres 2.53
5. Address/2enerallocation of subiect property:
4403 Tamiami Trail East Naples. FL 34112
6. Adjacent zonin2 and land use:
Zoning
Land use
N RMF-6
S ROW!C-3
E C-3
W C-3
Developed Multi-Familv
Tamiami Trail! Developed Commercial
Developed Commercial
Developed Commercial
APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE -11198
PAGE 4 OF 15
Agenda Item No. 17A
April 26, 2005
Page 16 of 44
Does property owner own contiguous property to the subject property? If so, give complete
legal description of entire contiguous property. (If space is inadequate, attach on separate
page).
Section:
Township: Range:
Lot:
Block: Subdivision:
Plat Book_ Page #:
Property I.D.#:
Metes & Bounds Description:
7. Type of Conditional Use: This application is requesting conditional use # 11 of the
C-3 district for (TYPE OF USE) Pennitted personal services. video rental or retail
uses with more than 5.000 square feet of gross floor area in the principal structures.
Present Use of the Property: Vacant Commercial
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 Commission's
recommendation to the Board of Zoning Appeals shall be based upon a finding that the
granting of the conditional use will not adversely affect the public interest and that the
specific requirements governing the individual conditional use, if any, have been met, and
that further, satisfactory provision and arrangement have been made concerning the
following matters, where applicable. Please provide detailed response to each of the
criterion listed below. Specify how and why the request is consistent with each.
(Attach additional pages as may be necessary).
a. Describe how the project is consistent with the Collier County Land Development Code
and Growth Management Plan (include information on how the request is consistent
,vith the applicable section or portions of the future land use element):
The subiect property is designated as Urban on the Future Land Use map. The subiect
property is also located within the Urban Residential Subdistrict.
b. Describe the existing or planned means of ingress and egress to the property and
proposed structure thereon with particular reference to automotive and pedestrian safety
and convenience, traffic flow and control, and access in case of fire or catastrophe:
Ingress and egress to the property will be provided fÌ'om Tamiami Trail E. which is
designated as a principal arterial roadway in the GrO\\rth Management Plan. The ingress
.J\.PPLlCATION FOR PUBLIC HEARING FOR CONDITIONAL USE -11198
PAGE 5 OF 15
Agenda !tern No. 17A
April 26, 2005
and egress point(s) will be desÜrned in accordance with applicable Collier ccfriTftV M1éff 44
FDOT standards.
c. Describe the effect the conditional use will have on neighboring properties in relation to
noise, glare, economic impact and odor:
The requested conditional use is for commercial buildings with more than 5,000 square
feet of gross floor area in a principal structure used for personal services, video rental or
retail uses. It is the size of the use and not the use itself that requires conditional use
approval. Therefore. the requested conditional use should not have any impact on
neighboring properties with re~ard to noise. glare, economic impact or odor.
d. Describe the site's and the proposed use's compatibility with adjacent properties and
other properties in the district:
The requested conditional use is for increased square footage for retail uses that are
pennitted by right within the C-3 zoning district. With the exception of the property to
the north, the adjacent properties are also zoned C-3 and also designated Urban on the
Future Land Use map. The adjacent property to the north is zoned RMF-6 and is
designated Urban on the Future Land Use map. The proposed use is compatible v.rith
adiacent properties and other properties within the C-3 zoning district.
e, Please provide any additional infonnation which you may feel is relevant to this
request.
The requested conditional use is for a retail use with more than 5,000 square feet of
gross floor area. It is the size of the use and not the use itself that requires conditional
use approval. The proposed use is compatible with the surrounding area and also with
the goals and obiectives of the Growth Management Plan.
9. Deed Restrictions: The County is legally precluded fÌ'om 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 propertv: To your knowledge, has a public
hearing been held on this property within the last year? If so, what was the nature of that
hearing? No
11. Additional Submittal requirements: In addition to this completed application, the
following must be submitted in order for your application to be deemed sufficient, unless
otherwise waived during the preappHcation meeting.
a. A copy of the pre-application meeting notes;
b. Eleven (11) copies of a 24" x 36" conceptual site plan [and one reduced 8~;2" 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 òf staff
APPLICA nON FOR PUBLIC HEARING FOR CONDITIONAL USE - 11198
PAGE 6 OF 15
Agenda Item No. 17 A
April 26, 2005
evaluation for distribution to the Board and various advisory boards sudiìa!àfS 1ib.8f 44
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 structure(s) on site),
· all existing and/or proposed parking and loading areas [include matrix indicating
required and provided parking and loading, including required parking for the
disabled],
· locations of solid waste (refuse) containers and service function areas,
· required yards, open space and preserve areas,
· proposed locations for utilities (as well as location of existing utility services to the
site),
· proposed and/or existing landscaping and buffering as may be required by the
County,
· location of all signs and lighting including a narrative statement as to the type,
character, and dimensions (such as height, area, etc.);
c. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land
Development Code (LDC).
d. 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 andJor wildlife habitats and their
boundaries. Such identification shall be consistent with Florida Department of
Transportation Land Use Cover and Fonns Classification System.
e. Statement of utility provisions (with all required attachments and sketches);
f. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting;
g. 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);
h. Any additional requirements as may be applicab1e to specific conditional uses and
identified during the pre-application meeting, including but not limited to any required
state or federal permits.
APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE -11/98
PAGE 7 OF 15
Ii "'_.......",__.~_~."." ,,_,_o,~.
Agenda Item No. 17 A
April 26, 2005
Page 19 of 44
TRAFFIC IMPACT STATEMENT (TIS):
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 conditional use (and 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 often acres or less.
MAJOR TIS: Required for all other conditional use (and rezone) requests.
A minor TIS shall include the following:
1. Trip Generation: Annual Average Daily Traffic
(at buildout) Peak Hour (AADT)
Peak Season Daily Traffic
Peak Hour (PSDT)
2. Trip Assignment: Within Radius of Development Influence (RDI)
3. Existing Traffic: Within RDl
AADT Volumes
PSDT Volumes
Level of Service (LOS)
4. Impact of the proposed use on affected maj or 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
Element (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 A.nalysis
2. Background Traffic
3. Future Traffic
4. Through Traffic
5. Plannedtproposed Roadway Improvements
6. Proposed Schedule (Phasing) of Development
APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 11198
PAGE 8 OF 15
Agenda Item No. 17 A
April 26, 2005
TRAFFIC IMPACT STATEMENT (fIS) STANDARDS: Page 20 of 44
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
by the petitioner or the County justifies the use of alternative rates.
2. Trip Assignment: Provide a map depicting the assignment to the network, of those trips
generated by the proposed project. The assignment shaH be made to all links within the RDL
Both annual average and peak seasonal traffic should be depicted.
3. Existing 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 Influènce (RDI): 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 "C",
Land Use
Distance
Residential
5 Miles or as required by DRI
Other (commercial, industrial, institutional, etc.)
0- 49,999 Sq. Ft.
50,000 - 99, 999 Sq. Ft.
100,000 - 199, 999 Sq. Ft.
200,000 - 399, 999 Sq. Ft.
400,000 & up
2 Miles
3 Miles
4 Miles
5 Miles
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 an 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. Background Traffic: The effects of previously approved but undeveloped or partially
developed projects which may affect major thoroughfares within the RDI of the proposed
APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 11/98
PAGE 9 OF 15
Agenda Item No. 17A
April 26, 2005
project shall be provided. This ìnformation shall be depicted on a map or, altemati~eW; ft1 @f 44
listing of hose projects and their respective characteristics.
8. Future Traffic: An estimate of the effects of tmditional increases in traffic resu1tìng from
potential development shall be provi.ded. Potential development is that which may be
developed maximally under the effective Future Land Use Element (FLUE) and the Collier
County Land Development Code. This estimate shall be for the projected development
area.,> within the projects RDI. A map or list of such lands with potential traffic impact
calculations shall be provided.
9. Throu2h 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. PlannedlProposed 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 Phasill1!: When a project phasing schedule is dependent upon proposed roadway
improvements, a phasìng 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.
TIS FORM RVB/RJM 10/17/97
APPLICATION FOR Pl1BLIC HEARfNG FOR CONDITIONAL USE -l1f98
PAGE 10 OF 15
Agenda Item No. 17A
April 26, 2005
Page 22 of 44
STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REOUEST
1. NAME OF APPLICANT: Kellv Smith. Planning Coordinator
2. MAILING ADDRESS: 2154 Trade Center Way. #3
CITY Naples
ZIP
34109
3. ADDRESS OF SUBJECT PROPERTY (IF A V AILABLE):
4403 T ami ami Trail East
4. LEGAL DESCRIPTION:
Section: 13
Township: 50
Range: 25
Lot:
Block:
Subdivision:
Plat Book_ Page #:
Property I.D.#: 00393320002
Metes & Bounds Description:
5 . TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system):
a_ COUNTY UTILITY SYSTEM IX!
b _ CITY UTILITY SYSTEM [:J
c. FRANCHISED UTILITY SYSTEM [:J
PROVIDE NAME
d. PACKAGE TREATMENT PLANT [:J
(GPD capacity)
e. SEPTIC SYSTEM [:J
6.
TYPE OF WATER SERVICE TO BE PROVIDED:
a. COUNTY UTILITY SYSTEM
b _ CITY UTILITY SYSTEM
c. FRANCHISED UTILITY SYSTEM
PROVIDE NAME
d. PRIVATE SYSTEM (WELL)
IX!
[:J
[:J
[:J
7. TOTAL POPULATION TO BE SERVED:
8. PEAK AND AVERAGE DAILY DEMANDS:
A. WATER-PEAK 10.6 gpm AVERAGE DAILY 3800 gpd
B. SEWER-PEAK 10.6 gpm AVERAGE DAILY 3800 gpd
APPLICATION FOR PlJBLIC HEARING FOR CONDITIONAL USE - 11198
PAGE 11 OF 15
Agenda Item No. 17 A
April 26, 2005
9.. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGION~ge 23 of 44
WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO
BE REQUIRED:
10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and
schematic drawing of sewage treatment process to be used as well as a specific statement
regarding the method of effluent and sludge disposal. If percolation ponds are to be used,
then percolation data and soil involved shall be provided from tests prepared and certified
by a professional engineer.
11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located
within the services boundaries of Collier County's utility service system, written notarized
statement shall be provided agreeing to dedicate to Collier County Utilities the water
distribution and sewage collection facilities within the project area upon completion of the
construction of these facilities in accordance with all applicable County ordinances in effect
at the at time. This statement shall also include an agreement that the applicable system
development charges and connection fees will be paid to the County Utilities Division prior
to the issuance of building pennits 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 R.JM 10/17/97
APPLICATION FOR PUBLIC HEARING FOR C01\"'DITJONAL lJSE . 11/98
PAGE 12 OF 15
Agenda Item No. 17 A
April 26, 2005
Page 24 of 44
CONDITIONAL USE APPLICATION
SUBMITTAL CHECKLIST
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION
PACKET!
REQUIREMENTS #OF NOT
COPIES REQUIRED REOUIRED
1. Completed Application 11
2. Copy of Deed(s) and list identifying Owner(s) and all 1
Partners if a CorDOration
3. Completed Owner/Agent Affidavits, Notarized 1
4. Pre-application notes/minutes 11
5. Conceptual Site Plans 11
6. Environmental Impact Statement - (EIS) 4
7. Aerial Photograph - (with habitat areas identified) 4
8. Completed Utility Provisions Statement (with required 4
attachments and sketches)
9. Traffic Impact Statement - (fIS) 4
10. Historical & Archaeological Surveyor Waiver 4
Application
11. Copies of State and/or Federal Permits 4
12. Architectural Rendering of Proposed Structure(s) 4
13. Application Fee, Check shall be made payable to -
Collier Countv Board of Commissioners
Other Requirements -
A,... 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 of tlllS petition.
~~/&:Q
Applicant! Agent Signature
lO ~\ \,0L\-
ate
APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - IlJ98
PAGE 13 OF 15
[4] 010
Agenda Item No. 17 A
April 26, 2005
Page 25 of 44
06/1~/04, 13: 36 FAX 9416436968
COLLIER CO COMMUNITY DEV
CONDITIONAL USE PETITION
Date:
;;ÄAr:
PRE-APPLICATION MEETING NOTES
& SUBMITTAL CHECKLIST
Time: / ~ ~t!> ?/f Planner: /1/tA'í4-e- L v: '"D c:7'CNNI?;"
Project Name: pðc-4- ':i3.,If£ðrO¿J;d s
Project AddrlLocation: #'~ b"3 ¿T. ;r;;;.d/4-H/ r¿,-tf/¿
Applicant Name: ~l)H¡..) 'þv/t. Æ-NKo Phone: (;;;-,,) -c,rB":!'-9fJ7~
Firm:
10/ A::5 /i!::"e. ;z::¿ Æ..u
Type of Petition: Z, '2, /r: /. :r, J / Current Zoning:
(!-3
Owner Name: /f/.. wo¿..¿sr¡¡¡:/,¡t.;!
Owner Address:
Phone:
Meeting Attendees:
---
- .5 ~ kr'1ífe¡f /f ~ / -
SUBMITfAL REQUIREMENTS:
II} 20 copies of Application, completed
o One (1 ) Addressing Checklist signed by AddressÎng Dept
[ij 20 copies of Pre-application meetmg notes
[i] 20 copies of Conceptual Site Plan 24" X 36" plus (one 8 1;2 X H copy)
[iJ Two (2) Copies of Deed(s)
[i] Completed Owner/Agent Affidavits, Notarized 7
I1J Four (4) Environmental Impact Statement (ElS), ~iver. .~ J
lid Five (5) Aerial Photographs (taken within the prevIOus ~ths)
ttJ Statement of utility provisions (with all required attachments & sketches)
1
06/16/04 13:36 FAX 9416436968
COLLIER CO COMMUNITY DEV
[4]011
Agenda Item No. 17 A
April 26, 2005
Page 26 of 44
Œi Seven (7) Traffic Impact Statement (TIS), or waive¡r
#k ~ Four (4) Historical and Archeological Survey, or waiver
AB- Copies of State and/orFederal Permits
Four (4) Architectural Rendering of Proposed Structure(s)
~".ð;e-application Fee $500.00 (to be credited toward application fee if application filed within
l ~onths of meeting)
~ Fees:
~
~
W
$4,000.00*
$150.00
$300.00
$681.00
Application Fee
Fire Code Review
Comprehensive Planning Consistency Review
Estimated Legal Advertising Fee (any over- or under-payment wiH be
reconciled upon recei t ofInvoice from Naples Dailey News).
EIS Review if require
$1,600.00
*$1500.00 iffiled in conjunction
with a rezone petition
OTHER REQUIREMENTS:
D. f"w ..¡:", ~Ç. ~r c OUIt\~ ~D. S~c&u.k..
o
o
D
NOTES:
Jb (hMNH?fV 1.5 n~ l_ U .
Co::::~~~~ o-~~~~~; ~=~~-:~t1~~
s\- Q.~-?-
l'~Jæ 't;~~ ~ ~~ C~~\l>Al(D, ieociL
$ire... ,l'\I.Io;\--~ ,; ",:~~vi¡l..(O, vi I..OC- ~ U. ~~
~/e..- 5d' ~~ \~ {\D'"l ¡ ~Ù\{OJi, Slt~ ~\lW. ~\V'Jll\ri2 ~ J
1\~= c:rtt CQ~
\-J \ 11 {I!I\U\ (~ -:~, "'-PI . v' --\> :(QV\ð..J) ""-t L ),.4
Agent/Owner Signature
Date:
2
06/16/04 13:37 FAX 9416436968
COLLIER CO COMMUNITY DEV
141 012
Agenda Item No_ 17 A
April 26, 2005
Page 27 of 44
ADDRESSING CHECKLIST
Please complete the following and submit to the Addressing Section for Review. Not all items will aPT?ly to
every prolect. Items Ín bold tvDe are required.
1. Legal description of subject property or properties (copy aflengthy description may be attached)
ñð -2 S -ì"~ Ç'~~C8 _ d)
2. Folio (property ID) number(s) of above (attach to, or associate with legal description ifmore than one)
Oð~q 3320062:.-
3. Street address or addresses (as applicable, if already assigned)
4. Location map, showing exact location ofprojectlsite in relation to nearest public road-right-of-way (attach)
5. Copy of survey (NEEDED ONLY FOR UNPLA TIED PROPERTIES)
6. Proposed project name (if applicable)
7. Proposed Street names (if applicable)
8. Site Development Plan Number (FOR EXISTING PROJECTS/SITES ONLY)
SDP
9. Petition Type - (Complete a separate Addressing Checklist for each Petition Type)
æf SDP (Site Development Plan) 0 PPL (Plans & Plat Review)
DSDP A (SDP Amendment) 0 PSP (preliminary Subdivision Plat)
o SDPI (SDP Insubstantial Change) 0 FP (Final Plat)
o SIP (Site Improvement Plan) 0 LLA (Lot Line Adjustment)
o SIP A (SIP Amendment) 0 BL (Blasting Permit)
o SNR (Street Name Change) . 0 ROW (Right-of-Way Permit)
o VegetationfExotic 01 ego Removal pe~ 0 EXP (Excavation Permit)
~ Land Use Petition (Variance, CO~ditional . 0 VRSFP (Veg. Removal & Site Fill Pennit)
r-rt. Boat Dock Ext., Rezone, PUD rezone, etc.)
l.!J 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: 0 cklist is t be Faxed Back ~ersonallY Picked Up
12. ApplicantName . Phone~-"tfJ'iÇ?2.Fax 5Y~t1997L
13. Signature on Addressin hecklist 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 C\ 6:3S
Address Number
~::~ ~::~:; Approved b~ J? mSLllbate H (,,-<)LL
F"V 9416436968
4 13:37 1>.A
Q6/16/0 .
COLLIER CO COMMUNITY DEV
~013
Agenda Ite~ NO'2b~~
Apnl 26,
Page 28 of 44
deruntzMichael
-,
,-
From:
Sent:
To:
Cc:
Subject:
weeks d 2004 8"04 AM
Wedl1êsday, January 14, .
~~~~ichael; H..thGlenn~~~~~~~¡t~~~a~;:so~lchael DeRuntzlPlanner
Declined: Updated: Pre-app
Duranko/Applìcant
John
I attend thanx.
Jean, p s. . t nd if avaiiable. thanx. .
Jason, pis. al,o at e 'n of Boca Bargoons, property IS
david 83-9972, rapresenbng Mr.. Wolistel buüdings on this 2.5 acre SIte on
"Pre-app ~~~~n~~~:~Y~~jl::~~~~kOJ~o!=~: ~ete,:~\~,~~ b~~k1~:~~~ ~s~i~~i..~~~¡~~R~,:ra feet
locat~ aht Proiect He will also reqUIre a VTah~Ja~i/I be a pre-app for a SDP/Con 10
a mulb-p ase , t a SDP^",nance." "
This was ong!na/ly sen ::te please reaccept the meeting.
research. ThIs IS an up / \ .f'
k0-;; - \\()\..Ì) ~ \.;..)I'.A.I( Q.....
~~~ LCl~CCLf~ 0 P úLiA.. ¥~
~ Y\'\.Q (It. 0 Y\~ Ç>'ltNJ.
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~~ \o~: Cc..ll') -\-0 c:We..rL41.I~- ~ ~ ~
~a<.. \¿ ~ rOQ&.
~<'o.\.u:,~ ~ -..riÙ-\ ~ ~ S~S- ~I ~~ L ,&::.l r( Uzt>9u.J-S
\, , ~(L~S ~Z~
1'''''-'IX.I~ {t.qv~(t& -a.~i,-c~ ~ S 1-0 ~k.. Y'>\l.(I\\ Co<k.... -h \....p>rv
c.C>Y'I\\>o.(l ~~o~ \.O.>(s. -t;, {~'\ lJ\ (e.Å .
E.\.Jv,R..._~(~ ~v~.\.r~ '\s (C?t\lJw'td
hA. -Fw)'w ~tÇ)e.h....-~ ~\¿.hs-t ~ ¡J~ OV\ ~~ ~&~.
ìY~~~!,,\ - ~ ~)' .s\~~~ CoY\~!r'(I. ,
~ Ml<\ ~O~ ~\-9\. of /5ùl ,)
~~ \\ S ~ C LJ - ~ ~ M.l.t.lla.v- _ ~W- "'I~ .
Agenda !tem No. 17A
April 26, 2005
Page 29 of 44
RESOLUTION NO. 05-
A RESOLUTION OF THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY, FLORIDA,
APPROVING A CONDITIONAL USE IN THE C-3,
COMMERCIAL INTERMEDIATE ZONING
DISTRICT, FOR PERMITfED PERSONAL
SERVICES, VIDEO RENTAL OR RETAIL USES
(EXCLUDING DRUG STORES) WITH MORE
THAN 5,000 SQUARE FEET OF GROSS FLOOR
AREA FOR TI-ΠPRINCIPAL STRUCTURES,
PURSUANT TO TABLE 2 OF SECI10N 2.04.03
OF TIIE COLLIER COUNTY LAND
DEVELOPMENT CODE (ORDINANCE NO. 2004-
41, AS AMENDED) FOR PROPERTY LOCATED
IN SECTION 13, TOWNSHIP 50 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of
Florida, and Chapter 125, Florida Statutes, has conferred on Collier C01mty the power to
establish, coordinate and enforce zoning and such business regulations as are necessary
for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(LDC) (Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning
Ordinance establishing regulations for the zoning of particular geographic divisions of
the County, among which is the granting of Conditional Uses; and
WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and
constituted planning board for the area hereby affected, has held a public hearing after
notice as in said regulations made and provided, and has considered the advisability of a
Conditional Use in the C-3, Commercial Intennediate Zoning District. for pennitted
personal services, video rental or retail uses (excluding drug stores) with more than 5,000
square feet of gross floor area for principal structures, pursuant to Table 2 of LDC
Section 2.04.03, on the subject property as described in Exhibit "B", and the Collier
County Planning Commission has found as a matter of fact in Exhibit "A", attached and
incorporated by reference, that satisfactory provision and arrangement have been made
concerning all applicable matters required by said regulations and in accordance with
LDC Section 10.OS.OO.D; and
WHEREAS, all interested parties have been given opportunity to be heard by this
Board in a public meeting assembled and the Board having considered all matters
presented.
Page I of2
----_._---~--
~---_._-_._--- --. - --.---..-..-
Agenda Item No. 17A
April 26, 2005
Page 30 of 44
NOW, THEREFORE, BE IT RESOLVED BY TIΠBOARD OF ZONING
APPEALS OF COLLIER COUNTY, FLORIDA that:
The petition filed by Kelly Smith of Davidson Engineering, Inc., CU-2004-AR-
6671, representing Boca Burgoons of Naples, Inc., with respect to the subject property
described as:
Exhibit "B", attached and incorporated by reference, be and the same is hereby
approved for a Conditional Use in the C-3, Commercial Intermediate Zoning District, for
permitted personal services, video rental or retail uses (excluding drug stores) with more
than 5,000 square feet of gross floor area for principal structures pursuant to Table 2 of
LDC Section 2.04.03 in accordance with the Conceptual Master Plan, Exhibit "C",
attached, and subject to the following conditions:
Exhibit liD" which is attached hereto and incorporated by reference herein.
BE IT FURTIŒR RESOLVED that this Resolution be recorded in the minutes of
this Board.
This Resolution adopted after motion, second and super-majority vote.
Done this
day of
,2005.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, CHAIRMAN
ATfEST:
DWIGHT E. BROCK, CLERK
DEPUTY CLERK
CU-2004-AR-6671, Boca B8r ¡OOI1S/HW/.p
Page 2 of2
Agenda Item No. 17 A
April 26, 2005
Page 31 of 44
Exhibit "A"
CONDITIONAL USE FINDINGS
CU-2004-AR-6671
FINDINGS: Before any conditional use shall be recommended for approval to the Board
of Zoning Appeals, the Planning Commission shall make 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 by the
petitioner and that, further, satisfactory provision and arrangement have been made
concerning the following matters, where applicable:
I) General compliance with the comprehensive Plan.
2) Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and control,
and access in case of fire or catastrophe.
3) The effect the conditional use would have on neighboring properties in
relation to noise, glare, economic or odor effects.
4) General compatibility with adjacent properties and other property in the
district.
Agenda Item No. 17 A
April 26, 2005
Page 32 of 44
Exhibit "B"
LEGAL DESCRIPTION
Commencing at the southeast comer of Section 13, Township 50 South, Range 25 East,
Collier County, Florida; run North 1 ° 35' 20" West 149.72 feet along the East boundary
of said Section 13 to the Northeasterly right-of-way line of U.S. 41; thence North 39° 05'
20" West 1,885.65 feet along the Northeasterly right-of-way line of U.S. 41 to the Point
of Beginning; thence North 39° 05' 20" West 275 feet along said line; then North 50° 54'
40" East 400 feet; then South 39° 05' 20" East 275 feet; thence South 50° 54' 40" West
400 feet to the Point of Beginning.
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Agenda Item No. 17 A
April 26, 2005
Page 34 of 44
Exhibit "D"
Proposed Conditions of Approval
1. The conditional use is limited to what is shown on the conceptual site plan,
identified as "Boca Bargoons Conditional Use Exhibit", prepared by Davidson
Engineering, Inc, last revised December, 2004. The site plan noted is conceptual in
nature for conditional use approval. The final design shall be in compliance with all
applicable federal, state, and county laws and regulations.
~ ------._-----
Agenda Item No. 17A
April 26, 2005
Page 35 of 44
Exhibit" A"
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2004-AR-6671, Bargoons Development
The following facts are found:
1. The Land Development Code authorizes the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes / No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes /
No
C. Affects neighboring properties in relation to noise, glare, economic or odor
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 findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval /tPP/YJIIW
DATE:
'3 J 17/~
t
CHAIRMAN:
¡JJ A&J¡
r
Agenda Item No. 17 A
April 26, 2005
Page 36 of 44
Exhibit "A"
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2004-AR-6671, Bargoons Development
The following facts are found:
1. The Land Development Code authorizes the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in tbe sanle district or neighborhood because of:
A.
Consistency 7e Land Development Code and Growth Management Plan:
Yes No
B.
Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe:
Adequate ingress & egress
yes"'/ No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:.
/
~ No affect or _ Mfect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible uscj:ithin district
Yes J No
Based on the above findings, this conditionalw ShOUI~~th stipulations, (copy attached)
(should not) be recommended for approval /
(
DATE: j, 11 ,- tJ S
II,~ t(---
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MEMBER:
II'
Agenda Item No. 17A
April 26, 2005
Page 37 of 44
Exhibit "An
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2004-AR-6671, Bargoons Development
The following tàcts are found:
1. The Land Development Code authorizes the conditional use.
2. Granting the conditional use will not adversely affect the public interest and vál1 not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Gro\\l'th Management Plan:
Yes /' No
B.
Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe:
,
\
Adequate ingress & egress
Yes No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
L.... 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 findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval
DATE: .:y;7/ ~ç'
(
MEMBER:
/'1 ./
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Agenda Item No. 17 A
April 26, 2005
Page 38 of 44
Exhibit "N
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2004-AR-667 1 , Bargoons Development
The following facts are found:
1. The Land Development Code authorizes the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Grovv1h Management Plan:
Yes ~No
B.
Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe:
Adequate ingress & egress
~
Yes No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
._~o 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 ~
- -
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval ~
DATE: '3/'7 / D S
~
~~-
MEMBER:
·~
.
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!
Agenda Item No. 17 A
April 26, 2005
Page 39 of 44
Exhibit "Au
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2004-AR-6671, Bargoons Development
The following facts are found:
1. The Land Development Code authorizes the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
yes-.-L No~
B.
Ingress and egress to property and proposed stTUctures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe:
Adequate ingress & egress
/
Yes v No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~Ao 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 /Î
No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval
DATE: Ó-- vî· - b {"
u\Aqyl P ~
\
MEMBER:
Agenda Item No. 17 A
April 26, 2005
Page 40 of 44
Exhibit II A"
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2004-AR-6671, Bargoons Development
The following facts are found:
1. The Land Development Code authorizes the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with twe Land Development Code and GTowth Management Plan:
Yes ~ No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe:
Adequate ingressyegress
Y ,/ N
es v 0
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
/
i'
V No affect or _ Affect mitigated by
_ Affect cromot be mitigated
D. Compatibility with adjacent properties and other property in the district
Compatible use ~în district
I-
v/
Yes No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval
a~
MEMBER: v~:
.,.,..,ø"'O<-'
DATE: ~rI7/ Ó)''''
~
Agenda Item No. 17A
April 26, 2005
Page 41 of 44
f
Exhibit "A"
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2004-AR-6671, Bargoons Development
The follováng facts are found:
1. The Land Development Code authorizes the conditional use.
2. Granting the conditional use will not adversely affect the public interest and win not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes' No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes' No
C. Affects neighboring properties in relation to noise, glare, economic or odor
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 findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval
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DATE:
Agenda Item No. 17 A
April 26. 2005
Page 42 of 44
Exhibit "B"
LEGAL DESCRIPTION
Commencing at the southeast comer of Section 13, Township 50 South, Range 25 East,
Collier County, Florida; run North 1 ° 35' 20" West 149.72 feet along the East boundary
of said Section 13 to the Northeasterly right-of-way line of U.S. 41; thence North 39° 05'
20" West 1,885.65 feet along the Northeasterly right-of-way line of U.S. 41 to the Point
of Beginning; thence North 39° 05' 20" West 275 feet along said line; then North 50° 54'
40" East 400 fect; then South 39° 05' 20" East 275 feet; thence South 50° 54' 40" West
400 feet to the Point of Beginning.
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Agenda item No. 17 A
April 26, 2005
Page 44 of 44
Exhibit "D"
Proposed Conditions of Approval
1. The conditional use is limited to what is shown on the conceptual site plan,
identified as "Boca Bargoons Conditional Use Exhibit", prepared by Davidson
Engineering, Inc, last revised December, 2004. The site plan noted is conceptual in
nature for conditional use approval. The final design shall be in compliance with all
applicable federal, state, and county laws and regulations.
Agenda Item No. 178
April 26, 2005
Page 1 of 40
EXECUTIVE SUMMARY
CU-2004-AR-6090, Brian Nelson, ASLA, with Agnoli, Barber & Brundage, Inc.
representing Collier County Public Utilities Engineering Department requests a
Conditional Use pursuant to Section 2.01.13.G.l of the Collier County Land Development
Code for "essential services", more particularly identified as a master pump station in the
Estates zoning district. The property is located on the south side of Immokalee Road (C.R.
846), less than Vi mile west of Wilson Boulevard, more particularly described as a portion
of Tract 84, Golden Gate Estates, Unit 20 in Section 28, Township 48 South, Range 27 East,
Collier County Florida. This property consists of 1.65 acres.
OBJECTIVE:
Staff is requesting that the Board of Zoning Appeals (BZA) review staff's findings and
recommendations along with the recommendations of the Collier County Planning Commission
(CCPC) regarding the above referenced Conditional Use petition and render a decision regarding
the petition.
CONSIDERATIONS:
The petitioner seeks a Conditional Use for a master pump station at this location as a part of the
East Area "B" Future Orangetree Sewage Treatment Improvement Program. As depicted on the
site plan, included in the attached Staff Report, the subject property is mostly wooded, while the
access to the master pump station and parking area is from Immokalee Road. A six-foot high
wall will be constructed around the master pump station. The site is to be buffered on the north
side by a "Type D" landscape buffer, and a "Type C" landscape buffer on the east, south and
west sides. Forty-eight percent (.8-acres) of the property will be left for native vegetative
preserve.
FISCAL IMPACT:
The master pump station by and of itself will have no fiscal impact on Collier County. There is
no guamntee that the project, at build out, will maximize its authorized level of development,
however, if the Conditional Use is approved, a portion of the existing land will be developed and
the new development will result in an impact on Collier County public facilities.
The County collects all applicable impact fees before the issuance of building pennits to help
offset the impacts of each new development on public facilities. These impact fees are used to
fund identified projects in the Growth Management Plan Capital Improvement Element as
needed to maintain adopted Levels of Service (LOS) for public facilities. Additionally, in order
to meet the requirements of Section lO.02.07(C) of the Land Development Code, fifty percent
(50%) of the estimated Transportation Impact Fees associated with the project are required to be
paid simultaneously with the approval of each final local development order. Other fees
-
Page 1 of3
Agenda Item No. 178
April 26, 2005
Page 2 of 40
collected before the issuance of a building permit include building permit review fees and utility
fees associated with connecting to the County's water and sewer system.
GROWTH MANAGEMENT IMPACT:
Approval of this conditional use will not affect or change the requirements of the Growth
Management Plan.
~,'
ENVIRONMENTAL ISSUES:
The environmental staff's analysis indicates that the subject property consists of a potential
wetland area. The environmental staff has incorporated conditions for approval of the future Site
Development Plans (SDP) for this property.
ENVIRONMENTAL ADVISORY COUNCIL ŒAC) RECOMMENDATION:
The Environmental Advisory Council did not review this petition based upon the area of the
subject property did not exceed the minimum area (ten-acres) to require the review by EAC.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
This petition was heard on April 7, 2005 by the CCPC. The CCPC voted 9 to 0 to recommend
approval ofCU-2004-AR-6258 with the following conditions:
1. The Director of the Department of Zoning and Land Development Review may approve
minor changes in the location, siting or height of buildings, structures, and improvements
authorized by this Conditional Use. Expansion of the uses identified and approved within
this Conditional Use application or major changes to the site plan submitted as part of
this application, shall require the submittal of a new Conditional Use application and
shall comply with all applicable County ordinances in effect at the time of submittal,
including Division 10.02.03, Site Development Review and Approval, of the Collier
County Land Development Code (Ordinance 2004-41).
2. Pursuant to Section 2.03.07.E of the Land Development Code, if, during the course of
site clearing, excavation, or other construction activity, a historical or archaeological
artifact is found, all development within the minimum area necessary to protect the
discovery shall be immediately stopped and the Collier County Code Enforcement
Department contacted.
3. The Conditional Use approval to allow a Master Pump Station is limited to the site plan
identified as "Pump Station On CR846 East Of 951" prepared by Agnoli, Barber&
Brundage, Inc., stamped "Received 9/14/04", and within the limitations of condition #1
listed above.
4. The following Environmental requirements shall be provided at the time of the Site
Development Plan (SDP) submittal:
-'''''-~
Page 2 of 3
Agenda Item No. 178
April 26, 2005
Page 3 of 40
· SFWMD jurisdictional detenninations shall be required upon (Site Development
Plans) SDP application.
· All principal structures shall have a minimum setback of 25-feet ITom the boundary
of any preserve and shall be indicated on the SDP.
· The required preserve area shall be provided (LDC Section 3.05.07).
. A minimum width of20-feet shall be provided for the preserve area.
LEGAL CONSIDERATIONS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
detennination by the BZA must be based. The legal considerations are reflected in the CCPC
evaluation of the listed criteria in Chapters 10.03.05 and 10.02.13.B.5 of the LDC. These
evaluations are completed as separate documents that have been incorporated into the attached
staff report. A summary of the legal considerations and findings are noted below:
· The proposed change has been deemed consistent with the goals, objectives, and policies
and Future Land Use Map and the applicable elements of the Growth Management Plan
(GMP).
· The proposed land uses are compatible with the existing land use pattern.
· The proposed change will not 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. This project has also been
deemed consistent with Policy 5.1 and 5.2 of the Traffic Element of the GMP.
· The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private, shall be provided.
STAFF RECOMMENDATION:
Staff recommends that the Board of Zoning Appeals (BZA) approve Petition CU-2004-AR-6090,
subject to the conditions attached to the Resolution.
PREPARED BY:
Michael J. DeRuntz, C.F.M., Principal Planner
Department of Zoning & Land Development Review
Executivesununary/CU-2004-AJt-6090
.,..-..."
Page 3 of 3
Item Number
Item Summary
Meeting Date
Approved By
Sandra Lea
C()mrllullity D(~vol()pm~tnt &
Elwin:mlrlel'ttid S,~rvicl~s;
Agenda Item No. 178
April 26, 2005
Page 4 of 40
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
178
This Item requIres that all participants be sVw'om in and ex p~rte discfosure be provided by
Commission members. CU~2004·AR·60~O Collier COUn1Y Public Utìliti~s represented by
Brian Neison, ASLA of AgnOI¡, Barbeer and Brundage, Inc.. requesting a conditional use
pursuant to Seçtion 2.01. 13.G. 1 of the land Development Code tor "Essential Services.
more par1icular!y identified as a "~J1aster Purnp Station" in the Estate$ zoning distric1. The
prcpany ís locF.lted south of immokalee Road, iess than 1/2 mJlp.. west at Wilson boulevard
011 Tract 84, Unit 20, Go1den ga.te Estates. in Section :?B. township 48 South. RRnge 27
East, consisting or 1.55 acres
4j2612005 9:00:00 AM
Executive Secretary
Cotnnmnity D~vl~¡l)þm ml: &
Environrnfmtal Sf!rvic;~~ AIJrnin.
Datp.
4,J8!200$ 4:19 PM
Chief Planner
D3te
Approved By
Ray Bellows
Community Development &
Envtronmel1tøl $f>rvices
Zoning & Land Development Review
4/111200510:15 AM
Dntt!
Approved By
SU$¡III Mumry. AICP
Community Development &
Environmental Services
lønínf} 8. Lnnd .o(!v~¡f)plr¡ent Dím(;tor
Zoning & Land DeveolopOlent RttvÎew
4i11 '200510:39 AM
DatI?
Approved By
Oor¡.;tld L S[';(lU
Trallsportion ServÎces
Transportation PlannÎn9 Dir1!:r::1or
Transportation Planning
4/12/2005 8:3Z AM
Da,.
Approved By
Norm E. F ode., AICP
TI"éIII ¡ )()rtil>t1 S~IVÌI:;~!;
Tral11iõportatjon DIvision Adminjfì.trntor
lral\S.portatiQI't S¡~rvìçl~!¡ Ad'nin.
4í1312005 2:00 PM
D.at ~
Approved By
J1)S.I~ph K. $c-.hmitt
C-ommunity Development &
Environmental SNvic(¡'$
Comnlunlt.y Dt~vf! ()pm~nt &
Environmental Services. AdmÎns.1ra.tor
Community Deve!øpmel1t &
Environmental Service.$. Admin.
4113/20052:15 PM
Marjmiø M, 3hllhmf
Døt.~
Approved By
CO\..fI1ty Atto01ey
Assistant County Attorney
County Attorney Offíce
4i14/2005 S:f;4 AM
Approved By
OMS Coordlf1,1I'or
C()tmty M.IM;¡¡gi1r's; Offi<:è
Admini¡¡trative Ass.htunt
DatI?
Offi(:e 01 Man')!lmnent &. Budget
4i14f200511:1& AM
Dal.
Approved By
Mark IS3clo;son
County Manager's Office
Budget Anal)'st
ottìce ot ManaqemMt.& Budget
4i1g12005 3:61 AM
Dat.
Approved By
Michael Sn1ykow£ki
County Manager's Office
Management & Budget Director
Offì¡;;e of Management & Budget
4f1ßf2005 4:36 PM
[)il1~
Approved By
Jamt~s V. Mudd
Board 01 County
Cornmì'lii!..ionen;
County Mal"\'.!J~r
CQUflty M,m<l9(!r'H Office
4/18120056:0$ PM
~EM3Ab1~'~
Page 5 of 40
Co~T County
- ~-~ --
STAFF REPORT
SCANNED
COLLIER COUNTY PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES,
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
DATE: MARCH 17,2005
SUBJECT: PETITION CU-2004-AR-6090, COLLIER COUNTY UTILITIES - MASTER
PUMP STATION
PROPERTY OWNER/AGENT:
OWNER:
Collier County Public Utilities Engineering Department
3301 Tamiami Trail E.
Naples, FL 34112
AGENT:
Brian Nelson, ASLA
Agnoli, Barber & Brundage, Inc.
7400 N. Tamiami Trail, Suite 200
Naples, FL 34108
REQUESTED ACTION:
To have the CoUier County Planning Commission (CCPC) consider an application for
Conditional Use approval in order to allow the construction, operation, and use of a master pump
station as an essential service in accordance with the requirements of Section 2.01.13.G.l of the
Collier County Land Development Code (LDC).
GEOGRAPHIC LOCATION:
The subject property is located on the south side of Immokalee Road (CR. 846), Jess than ~'2
mile west of Wilson Boulevard. It is further described as a portion of Tract 84, Golden Gate
Estates, Unit 20 in Section 28, Township 48 South, Range 27 East, Collier County, Florida (See
Location Map on the following page).
CU-2004-AR-6090
CCPC MTG.
Page 1 of 6
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Agenda Item No. 178
April 26, 2005
Page 8 of 40
PURPOSEIDESCRIPTION OF PROJECT:
In 2003, the Board of County Commissioners (BCC) acquired the subject 1.65-acre site trom two
existing confonning lots of rccord and created a lot of record. As a result of this acquisition, the
two existing lots are now recognized as legal non-conforming lots of record and consistent with
Section 1.04.04 of the LDC. The County owned parcel is intended to be used for the Immokalee
Road widening project and the proposed master pump station. The County has taken the north
79.43 feet of this property for the Immokalee Road (C.R. 846) road-widening project and the
other 150 feet for the proposed master pump station. The subject property is currently an
unimproved wooded area.
The petitioner submitted this application on June 6, 2004 and seeks a Conditional Use for a
master pump station at this location as a part of the East Area "B" Future Orangetree Sewage
Treatment Improvement Program. As depicted on the site plan, the subject property is mostly
wooded, while the access to the master pump station and parking area is trom lmmokalee Road
(See Site Plan, Exhibit 2). A six-foot high wall will be constructed around the master pump
station. The site is to be buffered on the north side by a "Type D" landscape buffer and a "Type
C" landscape butTer on the east, south and west sides. Forty-eight percent (.8-acres) of the
property wiH be left for native vegetative preserve.
SURROUNDING LAND USE & ZONING:
SUBJECT PARCEL:
Vacant, undeveloped wooded parcel, zoned "E" Estates
SURROUNDING:
North:
East:
South:
West:
Immokalee Road right-of way, then SFWMD canal, zoned "E"
Estates
Vacant, undeveloped wooded parcel, zoned "E" Estates
Two single-family residences, zoned ""E" Estates
Vacant, undeveloped wooded parcel, zoned "E" Estates
GROWTH MANAGEMENT PLAN CONSISTENCY:
Comprehensive Planning staff has reviewed this request and offered the following comments:
With regard to the Future Land Use Map and future land use designations of the Golden Gate
Area Master Plan (GGAMP), the subject property is currently within the Estates Designation,
Estates-Mixed Use District, and Residential Estates Subdistrict.
Within the GGAMP, Objective 1.1 and Policies 1.14, 1.15 and 1.16 govern new conditional uses
in the Estates area. Objective 1.1 requires new or revised uses ofland to be consistent with the
designations outlined on the Golden Gate Area Future Land Use Map. Policy 1.14 requires
Conditional Use requests to be consistent with the guidelines outlined in the Conditional Use
description section of the plan. Policy 1.15 requires all conditional use requests to be approved
by the Board of County Commissioners by a Super Majority (4/5) Vote. Policy 1.16 requires all
new uses (conditional or otherwise) to be reviewed for consistency with the GGAMP, except for
certain properties deemed consistent by policy or which were previously approved under the
County's January 1989 Comprehensive Plan.
CU-2004-AR-6090
CCPC MTG.
Page 2 of6
Agenda Item No. 178
April 26, 2005
Page 9 of 40
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AERIAL MAP
EXHIBIT 3
ZONING MAP
EXHIBIT 4
The locational criteria for Conditional Uses within the Conditional Uses Subdistrict of the
GGAMP are divided into five sections, lettered a through e, Section 'a' provides criteria for
essential services. There are nine types of essential services that quality under this section. One
of these is "major re-pump stations." The same language is contained in section 2.01.03.G.I of
the LDC. Staff interprets a "master pump station" as being equivalent to a major re-pump
station, Both the GGAMP and the LDC are silent as to whether the major re-pump station refers
to water or wastewater use. However, staff believes that the referenced language would allow
either type of pump station. Therefore, staff finds that a master wastewater pump station is a
type of essential service allowed within the Conditional Uses Subdistrict of the GGAMP. As to
locational criteria, section 'a' of the Subdistrict (within the GGAMP) states that such "Essential
Services Conditional Uses" may be allowed anywhere within the Estates Zoning District.
ANAL YSIS:
Before any Conditional Use recommendation can be offered to the Board of Zoning Appeals, the
Planning Commission must make findings that: I) 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.
As previously noted, this request is consistent with the Growth Management Plan, and with
the conditions proposed by staff, this project will be in compliance with the LDC.
GU-2004-AR-6090
CCPC MTG.
Page 3 of 6
J
Agenda Item No. 178
April 26, 2005
Page 10 of 40
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 and from the site will continue to be provided trom
lmmokalee Road. The County Transportation Department is in the process of widening
lmmokalee Road (C.R. 846) to six lanes. This segment of lrrunokalee Road will be
completed in 2005. The curbing has been completed in front of the subject property, and a
curb cut was not provided. A permit will need to be acquired for the future curb cut for this
property. All of the improvements to Immokalee Road (C.R. 846) in this area will take place
entirely on the south side of the South Florida Water Management District canal. A six-foot
sidewalk has been constructed on the south side of this County roadway improvement, which
adjoins the northern property line of this subject property.
3. The effect the Conditional Use would have on neighboring properties in relation to
noise, glare, economic or odor effects.
The site is currently wooded, and the proposed master pump station improvements will have
limited impacts to the existing vegetation. Forty-eight percent of the existing lot area will be
maintained with native vegetation. A 20-foot "Type 'c' buffer" will be provided along the
adjoining "E" Estates zoned property. A 15-foot "Type '0' Buffer" will be provided along
the lmmokalee Road right-of-way. A 6-foot high masonry wall (or equivalent) is proposed
to be constructed around the master pump station. These structural and vegetative measures
will provide a buffer between other uses and will reduce any glare, noise, or obnoxious odors
that would be produced from the master pump station. A distance of approximately 90 feet
separates the proposed master pump station ftom the adjoining properties to the south. A
distance of approximately 270 feet and 150 feet, respectively, will separate the proposed
master pump station from the two existing single-family residences to the south. The master
pump station wil1 be located approximately 80 feet from the west property line and
approximately 160 feet from the east property line. Presently, the properties to the east and
west are undeveloped tracts of land.
4. Compatibility with adjacent properties and other property in the district.
The proposed use is compatible with the surrounding neighborhood, which includes a major
Florida Power and Light electrical substation approximately 1,400 feet to the west. The
subject property is well buffered since approximately one-half of the property wil1 be
retained with native vegetation, and additional vegetative and structural buffering will be
provided. Traffic to the master pump station will be minimal; generally one trip per day
required for maintenance purposes. Noise impacts will not be significant. An emergency
generator will operate only during testing and power outages. The pumps will be housed in a
wet well that is constructed underground. A control panel and back-up generator wiU be
constructed above ground. Odor will be mitigated through an "odor control mechanism that
filter odors from the wet well into the atmosphere."
CU-2004-AR-6090
CCPC MTG.
Page 4 of 6
Agenda Item No. 178
Aprí126,2005
Page 11 of 40
NEIGHBORHOOD INFORMATION MEETING:
Synopsis provided by Linda Bedtelyon, Community PlaIU1ing Coordinator:
The applicant held the required meeting on November 18,2004 at 6:00 P.M. at Palmetto Ridge
High School cafeteria, 1655 Victory Lane, Naples, FL. The applicant's agent, Fred Reisch] of
Agnoli, Barber & Brundage, Inc., was present along with county staff; however, no members of
the public attended the meeting.
STAFF RECOMMENDATION:
Staff recommends that the Collier County Planning Commission forward a recommendation of
approval of Petition CU-2004-AR-6090 to the Board of Zoning Appeals, subject to the following
conditions:
1. The Director of the Department of Zoning and Land Development Review may approve
minor changes in the location, siting or height of buildings, structures, and improvements
authorized by this Conditional Use. Expansion of the uses identified and approved within
this Conditional Use application or major changes to the site plan submitted as part of this
application, shall require the submittal of a new Conditional Use application and shall
comply with all applicable County ordinances in effect at the time of submittal, including
Division 10.02.03, Site Development Review and Approval, of the Collier County Land
Development Code (Ordinance 2004-4 I).
2. Pursuant to Section 2.03.07.E of the Land Development Code, it~ during the course of site
clearing, excavation, or other construction activity, a historical or archaeological artifact is
found, all development within the minimum area necessary to protect the discovery shall be
immediately stopped and the Collier County Code Enforcement Department contacted.
3. The Conditional Use approval to allow a Master Pump Station is limited to the site plan
identified. as "Pump Station On CR846 East Of 951 " prepared by Agnoli, Barber& Brundage,
Inc., stamped "Received 9114/04", and within the limitations of condition # 1 listed above.
4. The following Environmental requirements shall be provided at the time of the Site
Development Plan (SDP) submittal:
· SFWMD jurisdictional determinations shall be required upon (Site Development Plans)
SDP application.
· All principal structures shall have a minimum setback of 25-feet from the boundary of
any preserve and shall be indicated on the SDP.
· The required preserve area shall be provided (LDC Section 3.05.07).
· A minimum width of 20-feet shall be provided for the preserve area.
CU-2004-AR-6090
cepe MTG.
Page 5 of 6
I
L-L.
Agenda Item No. 178
April 26, 2005
Page 12 of 40
PREPARED BY:
/~~_._.. ~
6-·--7 --:J'
/ø / ¿ /,¿g eJS-
MICHAEL J. DERUÞfrZ, CFM, P -IP AL PLANNER D TE
DEPARTMENT otlONING AND LAND DEVELOPMENT REVIEW
REVIEWED BY:
~.~ Z/lð!O$
RA Y B$lLOWS, ZONING MANAGER DATE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
~.4 .&>Ä>S-
USAN MURRAY, AICP, DIRECT R DATE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
ì .... APPROVED BY:
I
ik
. H K. SCHMITT, ADM STRA TOR ;:;î T£
MUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
Collier County Planning Commission:
¿J¡/M
RUSSELL A. BUDD, CHAIRMAN
ø)~
~
DATE
Staff report for the March 17,2005 Collier County Planning Commission Meeting
Tentatively scheduled for the April 26, 2005 Board of County Commissioners Meeting
Attachments: A.
B.
e.
Findings of Fact
Conceptual Master Plan
Conditions of Approval
CU-2004-AR-6090
CCPC MTG.
Page 6 of 6
Agenda Item No. 178
April 26, 2005
Page 13 of 40
"
CU-04-AR-6090
CC Utilities Engineering Dept.
Project:#2004040059
Date: 6/1 5/04
Mike DeRuntz
APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE
Petition No.:
Date Petition Received:
Commission District:
Planner Assigned:
ABOVE TO BE COMPLETED BY STAFF .
1 . General Information
Name of Applicant(s) Collier County Public Utilities Emrineering Department
Applicant's Mailing Address 3301 Tamiami Trail E.
City Naples
State
FL
Zip
34112
Applicant's Telephone #
530-5335 Fax #
530-5378
Applicant's E-Mail Address:
Sridharsandv@collieTRov.net
Name of Agent Brian Nelson. ASLA
Finn Agnoli, Barber & Brundage. Inc.
Agent's Mailing Address 7400 N. Tamiami Trail. Suite 200
City Naples
State
FL
Zip 34108
Agent's Telephone # 597-3111
Fax #
566-2203
Agent's E-Mail Address:
Nelson@abbinc.com
* Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure
that you are in compliance with these regulations.
.-----.-.........---------...-.--...---- ....-...---........ .........- ......--
COLLIER COUNTY COMMUNITY DEVELOPMENT
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
2800 N. HORSESHOE DRIVE - NAPLES, FL 34104
PHONE (941) 403...2400IFAX (941) 643-6968
Agenda Item No. 178
April 26, 2005
Page 14 of 40
Complete the following for all Association(s) affiliated with this petition. (Provide additional
sheets if necessary) N/A
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: N/ A
Mailing Address
City
State _ Zip
2 . Disclosure of Interest Information:
a. If the property is owried 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).
The subject property is owned by the Board of County Commissioners (Collier
COWlty). Copies of the deed are attached to this application
Name and Address
N/A
Percentage of Ownership
.-
. --.... .-. ---. --- ------...- ---. --....... -....- -.......---........... ........- ......-...
Agenda Item No. 178
April 26, 2005
Page 150f 40
b. If the property is owned by a CORPORATION, list the officers aÌ:td stockholders and
the percentage of stock owned by each. N/A
Name, Address and Office
Percentage of Stock
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with
the percentage of interest. N/A
Name and Address
Percentage of Interest
d. If the property is in the name of a GENERAL or LIMITED P ARTNERSlllP, list the
name of the general and/or limited partners. N/A
Name and Address
Percentage of Ownership
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a
Corporation, Trustee, or a Partnership, list the names of the contract purchasers
below, including the officers, stockholders, beneficiaries, or partners. N/A
Name andAddress
Percentage of Ownership
Date of Contract:
. --- -_. --...- --- --~-..- --_. ---- -~- --...._-....._-... ..--- ..~. .--
-_. ..-----
Agenda Item No, 178
April 26, 2005
Page 16 of 40
f. If any contingency clause or contract terms involve additional parties, list all
individuals or officers, if a corporation, partnership, or trust. N/A
Name and Address
g. Date subject property acquired (X) leased ():
Term oflease
yr./mos.
Acquired May 27,.2003 by Collier County, Board of County Commissioners
If, Petitioner has option to buy, indicate date of option:
terminates: , or anticipated closing date
and date option
h. Should any changes of ownership or changes in contracts for purchase subsequent to
the date of application, but prior to th~ 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 description of the property covered· bv the application: (If space is
inadequate, attach on separate page.) If request involves change to more than one zoning
district, include separate legal description for property involved in each district. Applicant
shall submit four (4) copies of a recent survey (completed within the last six months,
maximum 1" to 400' scale) if required to do so atthe 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 maybe
required.
Section: ~g .~ Township: 48
1:t gt--\ ~~.J. ~
Range: 27
Subdivision:
~l£bf\ ~ ~"i1--~
Plat Book
7
Page #: 80
Property I.D.#: Strat)#331900 84 23C34
Metes & Bounds Description: See Attached Description
4. Size ofpropertv:Approx 217 ft. X Approx 330 ft. = Total Sq. Ft. 71.874 Acres 1.65
5. Address/!!enerallocatioD of subiect property: The subiect Droperty is located south of
Immokalee Road less than ~ mile west of Wilson Boulevard. No Site Address has been
established for the propertv at this time.
. ----- .------- -....-- ...........--. --.- --- --..---....--.... -..--
....----
Agenda Item No. 17B
April 26, 2005
Page 17 of 40
6. Adiacent zonin2" and land use:
Zoning
Land use
N Estates Immoka1ee Road then vacant.. undeveloped
S Estates Residential Single - Family
E Estates Vacant.. undeveloped
W Estates Vacant. undeveloped
Does property owner own contiguous property to the subject property? If so, give complete
legal description of entire contiguous property. (If space is inadequate, attach on separate
page). No
Township: Range:
Section:
Lot:
Block: Subdivision:
Page #: Property I.D.#:
Plat Book
Metes & Bounds Description:
7.
z. z. >.3!B
Tvpe of Conditional Use: This application is requesting conditional use # 2.6.9.2.a. ~
Estates
district for (1YPE OF USE) Master Purn,? Station
Present Use of the Property:
Vacant. Undeveloped
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 Commission's
recommendation to the Board of Zoning Appeals shall be based upon a finding that the
granting of the conditional use will not adversely affect the public interest and that the
specific requirements governing the individual conditional use, if any, have been met, and
that further, satisfactory provision and arrangement have been made concerning the
following matters, where applicable. Please provide detailed response to each of the
criterion listed below. Specify how and why the request is consistent with each.
(Attach additional pages as may be necessary).
.--..--.---.........-----......----.-----.....- --..----~.- ---- .~._-
I
1-
Agenda Item No. 178
April 26, 2005
Page 18 of 40
Metes & Bounds Description
TRACT 84, GOLDEN GATE ESTATES, UNIT NO. 20, AS RECORDED IN PLAT BOOK 7,
PAGE 80, OF THE PUBLIC RECORDS OF COLLIER COUNTY,· FLORIDA. LESS TIlE
SOUTIIERLY 594.44 FEET AND LESS THE NORTIIERLY 79.43 FEET FORRIGHT-OF-
WAY AS DESCRJBED IN OFFICIAL RECORDS BOOK 3159, PAGE 184 OF THE PUBUC
RECORDS OF COLLIER COUNTY, FLORIDA. AND AS DESCRJBED BY TAX
IDENTIFICATION NUMBER 37595380004.
CONTAINING 1.65 ACRES OF LAND MORE OR LESS.
LESS THE SOUTHERLY SIX INCHES (6") OF THE ABOVE REFERENCED PROPERTY.
" -'"'~""'_ "1 "II'
Agenda Item No. 17B
April 26, 2005
Page 19 of 40
a. Describe how the project is consistent with the Collier County Land Development Code
and Gro\Vth Management Plan (include information on how the request is consistent
with the applicable section or portions of the future land use element):
See Attached
b . Describe the existing or planned means of ingress and egress to the property and
proposed structure thereon with particular reference to automotive and pedestrian
safety and convenience, traffic flow and control, and access in case of fIre or
catastrophe: See Attached
c. Describe the effect the conditional use will have on neighboring properties in relation to
noise, glare, economic impact and odor: See Attached
d. Describe the site's and the proposed use's compatibility with adjacent properties and
other properties in the dis1rict: See Attached
e. Please provide any additional information which you may feel is relevant to this
request. See Attached
.--...........----.-------------.--.---- --------..- -.-- ....--
---
Agenda Item No. 178
April 26, 2005
Page 20 of 40
8. Evaluation Criteria
a. A master pump station is defined as an Essential Service in accordance with Section
2.6.9.2.a. of the Land Development Code. In accordance with Section. 2.2.3.3.8., said
use is allowed as a conditional use in the Estates District.
b. A single access drive is proposed offlmmokalee Road. The access road will terminate
in a hammerhead or similar driveway to provide access for County service and
maintenance vehicles. A 6-foot high masonry wall or equivalent will restrict public
access, both vehicular and pedestrian. from entering the pump station.
c; Site improvements have been designed to minimize negative off-site impacts. The site
has been located as close as possible to the Immokalee Road right-of-way. Existing
vegetation around the perimeter of the site will be preserved. A type "C" landscape
buffer will augment the existing native vegetation abutting the three resideritially zoned
boundaries of the site. A 6-foot high masonry wall will be constructed around the pump
station to screen views and eliminate glare and noise impacts. An odor control unit will
be installed within the pump station to eliminate any impact from odors.
d. Site improvements have been designed to enhance its compatibility with adjacent
properties. The site was purchased from the property owner to the south with their :full
knowledge that the site would be utilized as a pump station. A 6-foo1 high masonry wall
will be constructed around the pump station to screen views ftom adjacent properties.
Existing vegetation around the perimeter of the 1.65 ± acre site will be preserved and .
augmented with landscape buffer.
e. The only structural features within the pump station that will be located aboveground
will consist ofthe control panels, generator and fuel tank, transformer and odor control
units. The wet wens, valve vaults and flow meter will be placed underground.
"*,.,~~~--,"....,.,..
Agenda Item No. 178
April 26, 2005
Page 21 of 40
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? None to our knowledge.
11. Additional Submittal requirements: In addition to this completed application, the
following must be submitted 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. Twenty (20) copies of a 24" x 36" conceptual site plan [and one reduced 8'12" x 11"
copy of site plan], drawn to a maximumsca1e of 1 inch equals 400 feet; depicting the
following [Additional copies of the plan may be requested upon completion of staff
evaluation for distribution to the Board and various advisory boards . such as the
Environmental Advisory Board (EAB), or CCPC];
· all existing and proposed structures and the dimensions thereof,
· provisions for existing and/or proposed ingress and egress (including pedestrian
ingress and egress to the site and the structure(s) on site),
· all existing and/or proposed parking and loading areas [include ma1rix indicating
required and provided parking and loading, including required parking for the
disabled],
· locations of solid waste (refuse) containers and service function areas,
· required yards, open space and preserve areas,
· proposed locations for utilities (as well as location of existing utility services to the
site),
· proposed and/or existing landscaping and buffering·as may be required by the
County,
· location of all signs and lighting including a narrative statement as to the type,
character, and dimensions (such as height, area, etc.);
c. An Environmental Impact Statement (ElS), as required by Section 3.8. of the Land
Development Code (LDC).
. __.. _..... __"7 ___ _...__...-. __. __..- ___ ________. _ _.__ ..~.__
Agenda Item No. 178
April 26, 2005
Page 22 of 40
d. 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 equals400 feet, shall
be submitted. Said aerial shall identify plant and/or wildlife habitats and their
boundaries. Such identification shall be consistent with Florida Department of
Transportation Land Use Cover and Forms Classification System.
e. Statement of utility provisions (with all required attachments and sketches);
L A Traffic Impact Statement (TIS), unless waived at the pre-application meeting;
g. 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);
h _ AJ1y 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 Of federal permits.
Be advised that Section 2.7.2.3.2 (3) of the Land Development C~de r~uires an
applicant to remove their public hearing sign (s) after rmal actionk.taken by
the Board of County Commissioners. Based on the Board's rmal action on this
item, please remove all public hearing advertising sign(s) immediately.
. --......... --.... --- --..-- -- --. ---- ---- --..----.. - -._- .... .--
._-¥~~--
_.--.
CONDITIONAL USE APPLICATION
SUBMITTAL CHECKLIST
TillS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH
PACKET!
Agenda Item No. 178
April 26, 2005
Page 23 of 40
APPLICATION
REQUIREMENTS #OF NOT
COPIES REQUIRED REQUIRED
1. Completed Application 20* X
2. Copy of Deed(s) and list identifying Owner(s) and aU 2* X
Partners ü a Corooration
3. Completed Owner/Agent Affidavits, Notarized 2* X
4. Pre-application notes/minutes 20* X
5. Conceptual Site Plans (including (1) 8-1/2 X 11 copy) 20* X
6. Environmental Impact Statement - (EIS) 4 X
7_ Aerial Photograph - (with habitat areas identified) 5* X
8_ Completed Utility Provisions Statement (with required 4 X
attachments and sketches)
9. Traffic Impact Statement - (TIS) 7 X
10~ Historical & Archaeological Survey or Waiver 4 X
Application
11. Copies of State and/or Federal Permits 4 X
12. Architectural Rendering of Proposed Structure(s) 4 X
13. Application Fee = $4000 -
Comprehensive Plan Consistency Review = $300 X
Fire Code Review Fee = $150
Check shall be made payable to:
Collier Countv Board of Commissioners
14. Electronic copy of aU documents and plans
15. Other Requirements -
.
* Documents required for Long-Range Planning Review
As the authorized agent/applicant for this petition, I attest that all of the infonnation indicated on this checklist is
included in this submittal package. I understand that failure to include all necessary submittalinfonnation may result in
the delay of processing of this petition.
G:>/!/ pC¡
Date
.-----.----.-....---.------.--.--.....- ---~---_..- -.-- ... .--
.J
.J.
,-d
Hal'" 04 04 04:ZZp
...
PU En~inee""inc
Z395305378
, ..
PROJCCT: Area ß Boostel ~1ô:l1ion
FOLIO: 37595380004
32~61 OR: 3315 PG: 2830
neonn II ommL nevus of CWIU coam. fL
O&/UI2tDJ It 01:4711 D~IGIIT I. UICI, CURl
œrs 4S'.,. 00
DC m n.DI
1101:-." )%1.0D
coms UI '
",.....~ Þl:
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Office of ~h. c-t, AUot'''.'
3301 hIt TaII,...1 r,..n
"apl... '1~,.1da 3411%
(~l) n4-ð400
It\ll:
rvaD
WARRANTY DEED UI1UoUlCl
THIS WARRANTY DI::EO is madethi& ..2:..~ day of ~ _.
2003. by KATHERINE CREVIER and her husband ROBERT C. CREVI!R. SA. as join!
Icn:¡nts wil'" full rights of survivorship and not as tenants in common, (hereinafter
relcrred \0 as "Granfor"). to the BOARD OF COUNTVCOMMISSrONERS OF COLLIER
COUNTY. FLORIDA. AS THE GOVERNING eODY OF COLLIER COUNTY AND AS
, EX-OFFICIO THE GOVeRNING BOARD OF THE COlliER COUNTY
WATER-SEWER DISTRICT, whose PO$! oflice address is 3301 Tamiami Trail Ea~t.
N3ples, Florida. 34 t 12 (hereinafter referred to as "~rantee").
(Wherever used herein the terms "Gran lOr" and "Grantee" include all the p:mies
to thiS instrument and 'heir respective heirs, leg~1 represÐntatives, succcssors .tnd
assigns.)
WITNESSETH: That tho Granlor. for and in con!õidaration of the sum of Ten
Dollars ($10.00) and other valuable consideration. receipt whereof i:> hereby
i\CknOwledgcd. hereby gr¡¡nts,. bargains. sells. aliens. remises, releases. conveys and
confirms unto the Grantee. all thot certain land siluate in Collier County. Florida, to wit:
See Attached Exhibit "A" which Is incorporated heroin by reference.
Subject to eó1!10menls. re::¡lrictions. and reservations of record.
ThiS is not homos1Cad property.
TOGETHER with all the tenements. hereditô:lmonts and appurtenancos thereto
belonging or in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND the Grantor heroby covenants with said GranlÐC \hat the Grantor is lawfully
sel:zcd 01 said laoó in fee simple: thQt the Granlor has good rlghl and laWful authority to
sell and convey ~id land; that the Granlor horoby fully warrants 1he titlo to said land
and wal defend the :M:Imo against the lawlul claims 01 all porsons whom~ever: and thnt
::¡aid land Is 'rÐe of all encumbrtlnce~ except as noted 3bove.
IN WITNESS WHEREOF, lhe said Granlor has signed nnd scaled these presents
the day and year first above written.
I' . '/,-"';~/J £.. 'I
~l IY /. ",ojJ. .
Wilnew'" Signature)
N¡¡me: 1[. é..~
(Prifl or Type)
:"'.::>\~~ -.r~~A
Wilnoss (Sigflatur.:tf
Nome: ~'"'''''''''''''''''' ~dG..
(Prim or tYP9)
~,-Ir.,~ ',.e, fLc l.!(.{~'
Kalhorine Crevier
391 24111 AVGOUC NW
Noplos. FL 34120
'TW15 cœwr'UCf ACCI'P'nD IV THE
~IIID Of' COUIfrt' COI'INISS10111:1tS.
COllIn COØfTy. 'LOttJDA~
"UItSUMT TO "110&.
D"T£OI G.. -ILl -c,-... IT'ØC 110_ lG- (" \ '3
Agenda Item.¡..J,C217B
April ~6, 2005
Page 24 of 40
CU-04-AR-6090
CC Utilities Engineering Dept.
Project:#2004040059
Date: 6/15/04
Mike DeRuntz
Mar 04 04 04123p
'"
PU En~ine-e-rin~
2395305379
,~
C,.t..
Witnes ~Signaturo)
N3me: ...Ci.J:J..ùY .i..!.L£¡{.ì3
(Print 6r Type)
'.
lit OR: 3315 PG: 2831
c-
. c:.:;..:-~-
~ -
·J.~·."Qa::::...:VIlil1",8C-- -
Witness (Signature)
Namo;~~c;~~((.
(Print or type)
STATE OF íQ~_
COUNTY OF ....c..&&:: .-
The foregoing Warranty Deed ~as acknowlodged ~Iore me this ....;iL-day of
_.~. __ _, 2003 by Katherine Cravier, who is personally known 10 me or
who has ~roduced ~~ ... as identification.
(affix notarial $oal)
....\.. ~_,........_ A.. 'J ~
(Signature 01 NoUry Publi
f¡~
¡,' :~ '*'-11. YEGfJ'I
;.¡ .~ Ul'CCIIMISSIDIUaUGC6I,
t~Œ..t?~ flU'lAfs;......7.lCOr
,'~~.... ..ø' .....""'.................
~\.L ð,Q WI'\. .ð....\o...l .ð. ~EJ..e ~
(Print Name of Notary Public)
NOTARY PUBLIC
SeriaVCommission 1#: (if cny~ ~o ö~
My Commission Expiros: (ø-/ _ o~
STATE OF ~_
COUNTY OF _~
The rorcgoing Warranty Oeed W3S acknoWledged before me this ~ day of
~. . 2003 by Roben C. Crevier, Sr., who is personaßv known to me
or who ha51 produCed~~~ as identification.
(affix nObri31 seal)
~l__ - '- A..'-I. "'?-"
(Signature of Nolðry Public)
Q¡'~~ ~u;Gi¡ \
,'¡' 1"\ MY~'IIO_"
.... ,. Xl'll'lfS:.Mor.2f/IIl
- -.~~-~-
,..,"""'-..._~ ^. "'¡GG.¡;¡~
(Print Name of Notary PubliC)
NOTARY PUBLIC
Serial/Commission #: (if any)~~_~
My Commission Expires: /...1 . ~
I\ )
Agenda Item tia. 47B
April 2S":2ò05
Page 25 of 40
I
i-
(i)
Agenda Item No. 178
April 26, 2005
Page 26 of 40
AFFIDA VlT
Well, Rov B. Anderson.P.E.. Director. Public Utžlžties Enfineering beingjirst duly sworn, depose
and say that we/I am/are the owners of the pròperty described herein and which is the subject
matter of the proposed hearing; that a// the answers to the questions in this application, including
the disclosure of interest information, a// s/œtches, data, and other supplementary matter attached
to and made a part of this application, are honest and true to the best of our knowledge and belief.
Well 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 a//
required information has been submitted
As property owner Well further authorize Agnoli. Barber & Brundage. Inc. to act as ourlmy
representative in any matters regarding this Petition.
I) L-£-
Signature of Property Owner
Roy B. Anderson, P. E.
Director. Public Utžlžties Enf{ineering
Name of Owner
Typed or Printed Name of Owner
The foregoin~ ins/1'uJn£~ledged before me this )./ day of?;'::i:o '
20 ~ by . ð.At ~ who is personally known to me or has 0 ced
f as identification.
State of Florida
County of Collier
~ ~
(Si::J~Notary Public - State of
Flori
:t, I':I~"-:rr~
~ MY ¡;OMM~' DO 2841160
.¿J E)(PIRfS:M8rch21.2008 .
:~f ,,<,,, . .._ HutQ::.(. ~ tlllllyPldc~
CU-04-AR-6090
CC Utilities Engineering Dept.
Project:#2004040059
Date: 6/15/04
Mike DeRuntz
(Print, Type, or Stamp Commissioned
Name of Notary Public)
. --.. .-. --.. -.....- ----- ...- ...-- . .....-.- -.....- -....---.......... - -.....- .... ~--
nar 09 04 tC:l~.
S~e"h~n SfPO~~'~
ADDRESSING
239-254-2825
AgenFiA&emPNo.178
APril~6, 2005
FfP;Igi 27 of 40
ß3/ß7/2ßßQ 2ß:17
559572'1
ADDRES..WN(; QIECKl..lST .
Please complete the folloWingJ..r;¡9 submit to t~ AddrCtt'$in~ Section for Review. ~Q.U.u.itçm.l'_~J.t amb!..~()
. , ............ "red
every Df01ect. Itr!M q) _ "'.IN: 8n: rcaw .
,. u~1 dÞcnplioa or ~bjèC\ propl."fty or propcniC:l ('-c.,.)y tlf f~'l1}Ihy úr:.....r;pi;ult may he .DII()(:hc."JJ I
. ~-4. i- Z-¡ St-e atlDch!1..d "eKrlD.(~nn Go l A.. r') ~ GL .I(., ;€..!..-.+n ~ (.L, ~ , ~ --Z.. D-___
--rfb..C..4 ~4· - 'u3-S S,1"f ~~~, 1f4-' tl.l'\.q ú..>S -#-..(... ...H'1 i\. C4-3iw ~ I t.J
2. Folio (Property II) ...bet;,) of above (DlkIeIt 10, or QS!t(Jd( /~ with, /~gal tbcriplion ~ than ~)
37595310004 '._ __. ._
3. StrccU.ddrcu·'or ad~(œøppii~, ifa'r~Q.YSíf(ntd)
Section )4, Townlhjp 48, Range 27_, .
.-.-.",.---
4. .Location ....p, ~ng ~ I~ ofprojectlsitc in retation to nearest public road ri¡ht-or-~ ay (tIUI1t:h)
S, Copy ofsurvey (NEEDED ONLY FOR UNPLATTED PROPEk11ES)
6. Propelled. project name (if opp/iœblc:)
7. Pro))ðlled Strœt names (if appIiœhl~)
8. Snc IA....clopment Plan NumbØ- (FOR. EXIS1'ING PROJfiCTS/S"'1!S ONLY)
SDP
9. Pditioft Type - (Complete a scpai-ate AddressinB Checklist for- cad1 P&.'titÏOR Typç)
o SDP (S~ Dew:Iopmcnt Plan)
B SDPA (SDP Amendment.)
SDPI (SDP lnsub$t1ØItiIJ Change)
B SIP (Site Tmpnm:menI Plan)
SIP A (SIP Amend~nt)
o SNJl (Street Name Change)
o VcgetetiOft'Exotic (Vcg. ~I PcrmÏÞ)
t&1 Land Ux Pebtion·(Varianc:c:o ConditionaJ u..
Boat Dock E,'(t.. R.ez:one. PUD TC'.Onc, etc.)
o Other - ~'be~ ...
J O. Project or dcve1Qpmcat names proposed fOr. C1t aJTeady appeari~ in. condominium documents (it
applicable: indicate'wbcthcrpropotodor øisting)_I.!t'.m9.~~_~.Q~_eu.~S.~_fg,r_~I.I.i.e.r...: ~.~
11. Plea~ Cbedc One: ~ Checklist is to be Fixed Back D Personalty Pic:ked Up
12. Appr.callf Namc _1~J;..J·:;}kbhQ.tl)__ Pho. J'rr:.llJJ_ ra._~ ~Q~,-
13. Signature on Addta..u.gChccklilCt docs not constitute Projca. and/or Szmet Name approvalllld is subject 10
further review by the Addrauiag Seetion.
FOR STAn' USE ONLY
Primary Number 3Sz...1.,.2
Addras Number
Address Number
Addtcø Number
o PPL (pfan.o¡ &: Plat Review)
o psp (ProIiminary SubdiviL'ion' Plat)
B FP (Fiual pøt)
Ll.A (Lot Line Adjustmcnc)
o 81, (Suing Permit)
o ROW <RiSht-of- Way Pennit)
o EXP {Excavation Pc:nnit)
O' VRSf'P (Veg. Removal & Site filii 'c:rmit)
Appto.-øJby _~.rJ:"1 ~af'YI Date "?i-!b.- 0 ~..
Rc:Yi~ :;·21..( 1
CU_04-AR-6090 ineenng Dept.
CC Util1ties En¡OO59
. ct-#20040
PrO]e· 4
Date'. 61\5/0
N\\ke DeRunt2
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RESOLUTION NO. 05-
A RESOLUTION OF THE BOARD OF ZONING APPEALS
PROVIDING FOR THE ESTABLISHMENT OF CONDITIONAL
USE "C" FOR A MASTER PUMP STATION ESSENTIAL
SERVICE IN THE "E" ESTATES ZONING DISTRICT
PURSUANT TO SUBSECTION 2.1O.13.G.l OF THE COLLIER
COUNTY LAND DEVEWPMENT CODE, AS AMENDED, TO
BE LOCATED ON PROPERTY SOUTH OF ~OKALEE
ROAD LESS THAN ~ MILE WEST OF WILSON BOULEVARD
IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature 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 Development Code
(Ordinance No. 2004-41), as amended, which includes a Comprehensive Zoning Ordinance
establishing regulations for the zoning of particular geographic divisions of the CO\mty, among
which is the granting of Conditional Uses; and
WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and
constituted planning board for the area hereby affected, has held a public hearing after notice as
in said regulations made and provided, and has considered the advisability of a Conditional Use
"C" of Subsection 2.01.03.G.l of the Collier County Land Development Code, or successor
provision, for a master pwnp station essential service in an "E" Estates Zoning District on the
property hereinafter described. and the Collier County Planning Commission has found as a
matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made
concerning all applicable matters required by said regulations and in accordance with Subsection
1 0.08.00 of the Land Development Code, or successor provision, and
WHEREAS, all interested parties have been given opportunity to be heard by this
Board in a public meeting assembled and the Board having considered all matters
presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY, FLORIDA that:
The petition filed by Brian Nelson, ASLA, of Agnoli, Barber and Brundage, Inc.
representing the Collier County Public Utilities Engineering Department with respect to
the property hereinafter described as:
Agenda Item No. 178
April 26, 2005
Page 30 of 40
Agenda Item No. 178
April 26, 2005
Page 31 of 40
Exhibit "B" attached hereto and incorporated by reference herein be and the same
is hereby approved for a Conditional Use "C" of Subsection 2.01 .03.G.]. of the Collier
County Land Development Code, or successor provision, for a master pump station
essential service in the "E" Estates Zoning District in accordance with the Conceptual
Master Plan (Exhibit "C"), and subject to the following conditions:
Exhibit "D" which is attached hereto and incorporated by reference herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of
this Board.
This Resolution adopted after motion, second and super-majority vote.
Done this
day of
,2005.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, CHAIRMAN
AITEST:
DWIGHT E. BROCK, CLERK
Approved as to Form and
Legal Sufficiency:
~~Li~äìl.~
Marjo M. Student
Assistant County Attorney
CU·2004-AR·60901MJDlsp
Page 2 of2
Agenda Item No. 178
April 26, 2005
Page 32 of 40
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
--
CU-2004-AR-6090
The following facts are found:
1. Subsection 2.01.03.G.l of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public intere~t and will not
adversely affect other property or uses in the same dis1rict or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
YesL No
B.
Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety a,nd convenience~ traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes./ No
e
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
-L No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. COmpatibility with adjacent properties md other property in the district:
Compatible use within district
Yes~ No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval APP2Ct/I:D
DATE: 4/'1/05
CHAIRMAN: PJ If &Jj
e
EXHIBIT "A"
,.
Agenda Item No. 178
April 26, 2005
Page 33 of 40
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2004-AR-6090
The following facts are found:
1. Subsection 2.01.03.G.1 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
/
Yesli- No_
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and
control, and access in case of fIre or catastrophe:
Adequate ingress & egress
Yes'V No
C. Affects neighboring properties in relation to noise, glare, economic or odor
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 onthe above fmdings, this conditional use should, with ipulations, (copy attached)
(should not) be recommended for approval
DATE:_1/7 /1)
I
MEMBER:
øtðl') J0Ø-ìF%-~
EXHIBIT "A"
e
1-_
e
Agenda Item No. 178
April 26, 2005
Page 34 of 40
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2004-AR-6090
The following facts are found:
1. Subsection 2.01.03.G.1 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes / No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and
control, and access in case of fIre or catastrophe:
Adequate ingress & egress
Yes V' No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or. ~ Affect mitigated by þ.....çs;,. 9. + ~\A.C\U ('L..
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes No v'
Based on the above fIndings, this conditional us~ with stipulations, (copy attached)
(should not) be recommended for approval
DATE: 1..{-1- ö'i"
MEMBER:t4~ P ~
EXHIBIT "A"
Agenda Item No. 178
April 26, 2005
Page 35 of 40
e
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2004-AR-6090
The following facts are found:
1. Subsection 2.01.03.G.1 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
YesL No_
e
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe:
Adequate ingress & egress
YesL No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~o 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 V No
Based on the above fmdings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval
DATE: 4 ! 1/6 ':t-
MEMBER: - ç;L~ ~
It
EXHIBIT "A"
~
Agenda Item No. 178
April 26, 2005
Page 36 of 40
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2004-AR-6090
The following facts are found:
1. Subsection 2.01.03.G.l of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not'
adversely affect other property or uses in the same district or neighborhood because of:
A.
Consistency with the Land Dej>*0pment Code and Growth Management Plan:
YesL No_
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, 1raffic flow and
con1rol, and access in case of fIre or catastrophe:
Adequate ingress & egress
Yes /' No
C. Affects neighboring properties in relation to noise, glare, economìc or odor
effects:
~o 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 fIndings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval
DATE:
MEMBERA?~7 6/"'¿:Á/d7-'
EXIDBIT "A" /. . ¿
~
-:.
Agenda Item No, 178
April 26, 2005
Page 37 of 40
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2004-AR-6090
The following facts are found:
1. Subsection 2.01.03.0.1 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes v' No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes ¡/ No
C. Affects neighboring properties in relation to noise, glare, economic or odor
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 l../ No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval
DATE: 1f r¡ I O~
. I
CHAIRMAN: íJÞnrl<£-. "-;1¿~/,( a/~
EXHIBIT "A"
"
Agenda Item No. 178
April 26, 2005
Page 38 of 40
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2004-AR-6090
The following facts are found:
1. Subsection 2.01.03.G.l of the Land DevelopmerttCode authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes V No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes V No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
/~o 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 findings, this conditional USe~ith stipulations, (copy attached)
(should not) be recommended for approval
DATE: tf ~ 11 Q 5'
Kt~
MEMBER:
EXIllBIT "A"
.-..,..---"
-
.
.
Agenda Hem No. 178
April 26, 2005
Page 39 of 40
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2004-AR -6090
The following facts are found:
1. Subsection 2.0L03.G.1 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land D~velopment Code and Growth Management Plan:
Yes No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and
control, and access in case of fIre or catastrophe:
Adequate ingress & egress
Yes,... No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
No affect or . _ Affect mitigated by :;) ~ 1~ --<' )l~ kiLrU (" (0\
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes ./' No
----j- -
....
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) ~e recommended for approval
DATE:
f I I
Jih! è.1
~, .."~
G: ! i·1 I
I !../;" ¡
-./ . _ : / : i J r
{..W-¡; f' I ~1'
~ // :
MEMBER:
i
EXHIBIT "A"
Agenda Item No. 178
April 26, 2005
Page 40 of 40
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2004-AR-6090
The following facts are found:
1. Subsection 2.01.03.G.l of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes /NO
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fIre or catastrophe:
Adequate ingress 8? egress
Yes /. No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects: .
::;;;0 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 findings, this conditional use should, with stipulations, (copy attached) .
(should riot) be recommended for approval
DATE: If·r 7 -- cJJ'-
'FJ'f:'" Iln.~:
/Tlf' fVl.be,.--
~
EXHIBIT "A"
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Metes & Boun"s Description
TRACT 84, GOLDEN GATE ESTATES, UNIT NO. 20, AS RECORDED IN PLAT BOOK 7..
. .. . . , . .J
. PAGE 80, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LESS THE
SOUTIIERL Y 594.44 FEET AND LESS TIIE NORTIffiRL Y 79.43 FEET FOR RIGHT -OF-
WAY AS DESCRIBED IN ornCIALRECORDS BOOK 3159, PAGE 184 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORID~ AND AS DESCRIBED BY TAX
IDENTIFICATION NUMBER 37595380004.
. .
. .
CONTAINING 1.65 ACRES OF LAND MORE OR LESS.
LESS THE SOUTHERLY SIX INCHES (6'~) OF THE ABOVE REFERENCED PROPERTY.
)
)
EXHIBIT B
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Conditions for Approval of Conditional Use CU-2004-AR-6090
(March 17,2005)
1. The Director of the Department of Zoning and Land Development Review may
approve minor changes in the location, siting or height of buildings, structures,
and improvements authorized by this Conditional Use. Expansion of the uses
identified and approved within this Conditional Use application or major changes
to the site plan submitted as part of this application, shall require the submittal of
a new Conditional Use application and shall comply with all applicable County
ordinances in effect at the time of submittal, including Division 10.02.03, Site
Development Review and Approval, of the Collier County Land Development
Code (Ordinance 2004-41).
2. Pursuant to Section 2.03.07.E of the Land Development Code, if, during the
course of site clearing, excavation, or other construction activity, a historical or
archaeological artifact is found, all development within the minimum area
necessary to protect the discovery shall be immediately stopped and the Collier
County Code Enforcement Department contacted.
)
3. The Conditional Use approval to allow a Master Pump Station is limited to the
site plan identified as "Pump Station On CR846 East Of 951" prepared by Agnoli,
Barber& Brundage, Inc., stamped "Received 9/14/04", and within the limitations
of condition # 1 listed above.
4. The following Environmental requirements shall be provided at the time of the
Site Development Plan (SDP) submittal:
· SFWMD jurisdictional detenninations shall be required upon (Site
Development Plans) SDP application.
· All principal structures shall have a minimwn setback of 25-feet from the
boundary of any preserve and shall be indicated on the SDP.
· The required preserve area shall be provided (LDC Section 3.05.07).
· A minimum width of20-feet shall be provided for the preserve area.
Exhibit "D"
.J
Agenda Item No. 17C
April 26, 2005
Page 1 of 60
EXECUTIVE SUMMARY
PUDZ-2004-AR-6383, WiUiam L. Hoover, Manager CataUna Plaza, LLC, represented by
WiUiam L. Hoover, Hoover Planning & Development, Inc. and Richard D. Yovanovich,
Goodlette, Coleman, & Johnson, P .A., requesting a rezone from Rural Agricultural (A) to
Mixed Use Planned Unit Development (MPUD) for a project known as the Carolina Plaza
Mixed Use PUD to aUow a maximum of 64 dwelling units and 150,000 square feet of retail
space and office space. The subject property, consisting of IS.88± acres, is located on the
north side of Vanderbilt Beach Road, appronmately % mile west of Collier Boulevard, in
Section 34, Township 48 South, Range 26 East, Collier County, Florida.
OBJECTIVE:
To have the Board of County Commissioners (BCe) consider an application to approve the PUD
as noted below and to make sure that the project is in harmony with all the applicable codes and
regulations in order to ensure that the community's interests are maintained.
CONSIDERATIONS:
The subject site is currently an unused agricultural field occupied by two bams and a number of
other outbuildings. The site is devoid of native vegetation, except for a narrow strip along the
northern boundary. Access is currently gained from one access point on Vanderbilt Beach Road.
The PUD document proposes a maximum of 64 dwelling units and 150,000 square feet of retail
space and office space. As depicted on the attached Master Plan, the site will be bisected by
Carolina Way, which divides the site into a north tract and a south tract. Development is
proposed to generally be divided between the two tracts in one-to three-story buildings. This
PUD specifically does not allow gas stations, or convenience stores with gas pumps, tire stores,
or fast food, drive-thru restaurants. Access to Vanderbilt Beach Road is shown, via Pristine
Drive on the west edge of the site and Buckstone Drive on the east edge of the site.
FISCAL IMPACT:
The rezoning by and of itself will have no fiscal impact on Collier County. There is no
guarantee that the project, at build out, will maximize its authorized level of development,
however, if the PUD is amended, a portion of the existing land will be developed and the new
development will result in an impact on Collier County public facilities.
The County collects impact fees prior to the issuance of building permits to help offset the
impacts of each new development on public facilities. These impact fees are used to fund
projects identified in the Capital Improvement Element of the Growth Management Plan as
needed to maintain adopted Level Of Service (LOS) for public facilities. Additionally, in order to
meet the requirements of concurrency management, the developer of every local development
order approved by Collier County is required to pay 50 percent of the estimated Transportation
Impact Fees associated with the project. Other fees collected prior to issuance of a building
pennit include building permit review fees and utility fees associated with connecting to the
,.......~",
Carolina Plaza PUD, PUDZ-A-2004-AR-6383
EXECUTIVE SUMMARY
Page 1 of 4
Agenda Item No. 17C
April 26, 2005
Page 2 of 60
County's water and sewer system. Finally, additional revenue is generated by application of ad
valorem tax rates, and that revenue is directly related to the value of the improvements.
Please note that the inclusion of impact fees and taxes collected are for informational purposes
only; they are not included in the criteria used by Staff and the Planning Commission to analyze
this petition.
GROWTH MANAGEMENT IMP ACT:
Future Land Use Element (FLUE):
The subject property is currently designated Urban (Urban - Mixed Use District, Vanderbilt
Beach/Collier Boulevard Commercial Subdistrict) as identified on the Future Land Use Map of
the Growth Management Plan. Relevant to this petition, this Subdistrict pennits: retail uses,
financial institutions, business services, professional and medical offices and other uses
pennitted in the FLUE (institutiona~ recreation and open spaces, etc.). To encourage mixed-use
projects, the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict also permits residential
development when located in a mixed-use building at a maximum of 16 dwelling units per acre.
Specific development standards in the Vanderbilt Beach/Collier Boulevard Commercial
Subdistrict are maximum height: retail, one story; fmancial services and/or offices over retail
uses, three stories; mixed-use building containing at least two floors or residential uses over
commercial uses, four stories; principal structure setback from Subdistrict boundary of one foot
per foot of building height; common site, signage and building architectural elements. Also, the
Subdistrict intent includes "to create a neighborhood focal point", "to provide convenient
shopping, personal services, and employment for neighboring residential areas" and "each
project or PUD District shall provide for both pedestrian and vehicular interconnections with
adjacent properties." The rezone application is a result of a Growth Management Plan
Amendment (GMPA) to add the 15.88 acre subject site to the Vanderbilt Beach/Collier
Boulevard Subdistrict. The amendment specific to this petition (CP-2003-1) became officially in
effect January 13, 2005.
Based upon the above analysis, staff concludes this petition may be deemed consistent with the
Vanderbilt Beach/Collier Boulevard Commercial Subdistrict of the Future Land Use Element.
TRANSPORT A TION ISSUES:
Transportation staff has determined that this petition is consistent with the GMP Transportation
Element Policies 5.1 and 5.2 because there are no roadways that are projected to operate below
the adopted level of service standard with the proposed improvements; therefore, the project will
not have an adverse impact on any roadway.
ENVIRONMENTAL ISSUES:
Environmental Services staff has reviewed the petition and the PUD document to address any
environmental concerns. This site is devoid of any native vegetation except a small strip on the
northeast boundary of the site; the applicant is proposing to retain this vegetation to meet native
vegetation requirements.
#fI""-".'
Carolina Plaza PUD, PUDZ-A-2004-AR-6383
EXECUTIVE SUMMARY
Page 2 of 4
Agenda Item No. 17C
April 26, 2005
Page 3 of 60
ENVIRONMENTAL ADVISORY COUNCIL (EAc) ISSUES:
The Environmental Advisory Council (EAC) did not hear this petition. Although the parcel is
larger than 10 acres and therefore eligible for submittal of an Environmental Impact Statement, a
site visit revealed mostly previously disturbed land. For this reason, a waiver of the EIS
requirements was granted.
PLANNING COMMISSION RECOMMENDATION:
The Collier County Planning Commission (CCPC) heard this petition on April 7, 2005. The
petition was unanimously approved by a vote of 9-0, subject to the applicant agreeing to three
changes: 1) the lighting for the sign, approved in the one requested Deviation to allow signage
for the residential PUDs located to the north of Carolina Plaza, be illuminated by a external spot
light only; 2) the Code-required Sun Setting date would be delayed to coincide with the required
delay in occupancy permits, and; 3) the applicant shall not seek Occupancy Permits for any
construction for the PUD until the scheduled improvements to Vanderbilt Beach Road and
Collier Boulevard are completed or October of 2007, whichever came first.
LEGAL CONSIDERATIONS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
determination by the Board of County Commissioners (BCC) must be based. The legal
considerations are reflected in the Collier County Planning Commission's evaluation of the listed
criteria in Chapter 10.03.05 and Chapter 10.02.12 of the LDC. These evaluations are completed
as separate documents that have been incolporated into the staff report. A summary of the legal
considerations and findings are noted below:
· The proposed change has been deemed consistent with the goals, objectives, and policies
and Future Land Use Map and the applicable elements of the GMP.
· The proposed land uses are compatible with the existing land use pattern.
· The proposed change will not 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. This project has also been
deemed consistent with Policy 5,1 and 5.2 of the Traffic Element of the GMP.
The timing or sequence of development for the pwpose of assuring the adequacy of available
improvements and facilities, both public and private, shall be provided.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve Petition PUDZ-2004-AR-
6383 as described by the Ordinance of Adoption and exhibits thereto, the Carolina Plaza PUD
regulatory document.
~.."""'"
Carolina Plaza PUD, PUDZ-A-2004-AR-6383
EXECUTIVE SUMMARY
Page 3 of 4
Agenda Item No. 17C
April 26, 2005
Page 4 of 60
PREPARED BY:
Robin Meyer, AICP, Principal Planner
Department of Zoning & Land Development Review
Carolina Plaza PUD, PUDZ-A-2004-AR-6383
EXECUTIVE SUMMARY
Page 4 of 4
Item Number
Item Summlry
MI.tlng O.tl
Agenda Item No, 17C
April 26, 2005
Pnga 5 of 60
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
7C
This item requires that all pBrticipanu be sworn in and Ex Parte Disclosure be proVIded by
Commission members. PUDZ·2004..AR-6383. William L. Hoover, Manager Cltalina Plaza,
LlC, represented by William L HOQ....er. Hoover Planning & Development, loc and Richard
D. YO\lsnovich, Goodlette-. Colemlln, & Johnson, P.A, requesting a rezone from Rural
Agricultural (A) to Mixed Use Planned UnIt OO\lolopment (MPUD) for a project known IS
the Carolina Plaza Mixed U$e PLlD to allow a maximum of 64 dweJling ~Inlls and 150,000
Bquare ft'let of r&tall space and office apace, The tlubJect property. consisling or 15.88+-
acre!;, islocsted 011 the north side 01 Vsnderbfft Beach Raad, approxirml1ely y~ mile west of
ColHer BouieVanj, In Section 34. Townllhip 48 Solrtrl, R.ange 26 ESIiI. Collier County,
F)oflda
4/26120059:00'00 AM
Preplred By
4/121200S 8:04:1& AM
Robin D. Meyer
C·ommunlty Dttvolnprnent &
EnvitonmenL11 Seflljc"'l
Oat.
Prln"ipal Pt.anner
Zo"lt'lg & L.and Development Review
Dilte
Approved By
Sandra Lea
Community Development &
Envjronme-ntal Service¡
Executive Secl'etary
Community Dr.lelopment &
EnyironmenCaf 6ervice-s Admin.
4/12/,200A 9:19 AM
o.n.
Appro..d By
R.y gelh>wSô
CnmrnIJ11JtV Oe'vltl·oprnent"
Er¡vtt'1)nmlltlt~11 Sf'rrvic:e.
Chief Plonnrtr
Zoning & Land Development R.vlew
4/121200812:49 PM
Date
Approved By
Susan Murray, Alep
Comnn.IMity Dttveløpment &
Environmflnt"t! Sarl/ielts
Zoning & Land Oev.lopment Director
ZOI'l)ng & Land Davelopmr.nt Review
4/12/2008 2:23 PM
Date
Approved By
Patrick G, White
County Attorney
Anistant County Attomey
County Anomu)' Office
411%120084:89 PM
0...
Approved By
Joseph K. Schmitt
C()mrnu"~y Devllllop'ho"t &
Environmental Servlçes
Community Dmve-Iopme.nl &.
Environrna...tal SttrvlclIIs Admin.slrntor
Conunutljty C(lV~I()pln.lnt &
Environmental SeNices Admìn.
4/13/2005 Z:31 PM
Oatc!
Approved Sy
OMB Coordlt'lntQr
County ManDger's Office
Athnil)ls.tr;lt¡v«t Aujlf,tant
Office or Manilgement & Budget
4113120054:04 PM
O<rt.
Approved By
Murk IsacklQn
County MltO"Unr'» C)n¡cu
BUdget Anulyoat
Ottil~~t of ManMgenmnt 30 Budget
4110/:1008 1 :03 PM
Date
Approved By
Mic.hael Srnykow.lki
County Manog4l'r'. OfficI!!'
Management & Budget Dirt'ctor
Office ot Management & Budget
4/17/2006 '9:30 AM
Datel
Approved By
J¡1in14!$ V. Mudd
Bo....d ot County
Cornmiasioners.
County M8t1uger
County Mlmngtlr'1I O'1"i(:(1
4/111120057;12 PM
Agenda Item No. 17C
April 26, 2005
Page 6 of 60
eo1m.,. County
~~ -
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNI1Y DEVEWPMENT & ENVIRONMENTAL SERVICES DMSION
HEARING DATE: APRIL 7, 2005
SUBJECT:
PETITION PUDZ-2004-AR-6383-CAROLINA PLAZA MIXED USE CENTER
PROPERTY OWNER/AGENT:
CONTRACT PURCHASER:
William L. Hoover, Manager
Catalina Plaza, LLC
3785 Airport Road North, Suite B-1
Naples, Florida 34105
PROPERTY OWNER:
Vanderbilt Beach Land Trust
Mark Linder, Trustee
4099 N. Tamiami Trail, 2nd Floor
Naples, Florida 34103
AGENTS:
Wi11iam L. Hoover
Hoover Planning & Development, Inc.
3785 Airport Road North, Suite B-1
Naples, FL 34105
Richard D. Y ovanovich
Goodlette, Coleman, & Johnson, P.A.
4011 Tamiami Trail North, Suite 300
Naples, FL 34103
REQUESTED ACTION:
The petitioner wishes to rezone 15.88± acres ofland cUITently zoned Rural Agricultural (A) to
Mixed Use Planned Unit Development (MPUD) for a project to be known as the Carolina Plaza
Mixed Use PUD.
GEOGRAPHIC LOCATION:
The subject property is located on the north side of Vanderbilt Beach Road, approximately y.¡ mile
west of Collier Boulevard, in Section 34, Township 48 South, Range 26 East, Comer County,
Florida. (see location map on the following page)
G:\Current\Meyer\PUD's\Carollna Pløza\ST AFF REPORT2.doc
Page 1 ct B
Agenda Item No. 17C
April 26, 2005
Page 7 of 60
PURPOSEIDESCRIPTION OF PROJECT:
The subject site is cummtly an unused agricultural field occupied by two bams and a number of
other outbuildings. The site is devoid of native vegetation, except for a narrow strip along the
northern boundary. Access is currently gained from one access point on Vanderbilt Beach Road.
The PUD document proposes a maximum of 64 dwelling units and 150,000 square feet of retail
space and office space. As depicted on the attached Master Plan, the site will be bisected by
Carolina Way, which divides the site into a north tract and a south tract. Development is
proposed to generally be divided between the two tracts in one-to three-story buildings. This PUD
specifically does not allow gas stations, or convenience stores with gas pumps, tire stores, or fast
food, drive-thru restaurants. Access to Vanderbilt Beach Road is shown, via Pristine Drive on the
west edge of the site and Buckstone Drive on the east edge of the site.
SURROUNDING LAN.D USE AN.D ZONING:
North: Undeveloped Wolf Creek Condominium Residential PUD
East: Currently under construction Commercial PUD Mission Hills Shopping Center
South: Vanderbilt Beach Road then single-fiunily homes zoned Estates
West:
G:\CUITBnt\Meyer\PUD'8\Carollna Plaza\STAFF REPORT2.doc
Page 2 or B
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Agenda Item No. 17C
April 26, 2005
Page 8 of 60
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Page 3 of 8
Agenda Item No. 17C
April 26, 2005
Page 9 of 60
PUD'O
'lltlLl"I!NŒK
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'Excerpt ftom Zoning Map
GROWTH MANAGEMENT PLAN CONSISTENCY:
Future Land Use Element (FLUE):
The subject property is cummdy designated Urban (Urban - Mixed Use Dîstricl, Vàndetbi1t
Beach/Comer Boulevard Commercial Subdistrict) as identified on the Future Land Use Map of
the Growth Management Plan. Relevant to this petition, this Subdistrict permits: retail uses,
financial institutions, business services, professional and medical offices and other uses pennitted
in the FLUE (institutional, recreation and open spaces, etc.). To encourage mixed-use projects,
the Vanderbilt Beach/Collier_ Boulevard Commercial Subdistrict_ also~ pennits. residential
development when located iñ-amiXed-use building-at a maximum ofR- dwel1ingUnitsPer acre.
Specific development standards in the Vanderbilt Beach/Comer Boulevard Commercial
Subdistrict are maximum height: retail, one story; financial services and/or offices over retail
uses, three stories; mixed-use building containing at le~t two floors or resident~use!!_over
commercial uses, four stories; principal structure setback from Subdistrict boundary of one foot
per foot of building height; common site, signage and building architectural elements. Also, the
Subdistrict intent includes "to create a neighborhood focal point", "to provide convenient
shopping, personal services, and employment for neighboring residential areas" and "each project
or PUD District shal! provide for both pedestrian and vehicular interconnections with adjacent
properties." The r9ne·.applicationis a result of a Growth Management Plan Amendment
(GMPA) to add the 15.88 acre subject site to the Vanderbilt Beach/Collier Boulevard Subdistrict.
The amendment specific to this petition (CP-2oo3-1) became officially in effect January 13, 2005.
Based upon the above analysis, staff concludes this petition may be deemed consistent with the
Vanderbilt Beach/Comer Boulevard Commercial Subdistrict of the Future Land Use Element..
G:\Cufrent\Meyer\PUD'8\Carollna Pløza\STAFF REPORT2.doc
Page 4 ct 8
Agenda Item No. 17C
April 26, 2005
Page 10 of 60
Transportation Element: Transportation Planning staff has reviewed this petition's Traffic
Impact Statement (TIS). The TIS (Exhibit C) indicates that the project's impacts are on
Vanderbilt Beach Road and C.R. 951 (Collier Boulevard), but will not adversely impact the
overall level of service because the Vanderbilt Beach Road is scheduled to be improved to a 6
lane facility by 2006 while the build-out of the project will be in 2008. This project will not have
direct access to Vanderbilt Beach Road, but will share access with the Wolf Creek PUD onto
Pristine Drive which is proposed on the western boundary of the subject site and will share
Buckstone Drive for access on the eastern boundary with Mission Hills Center PUD. Buckstone
Drive also connects to Loop Road which will provide access to C.R. 951 (Collier Boulevard). The
PUD document has been reviewed by Transportation Planning staff and it contains language in
Section 5.8 to adequately address this project's transportation impacts, noting that improvements
that may be required as part of this projectls buildout will be determined by Transportation staff
based upon the relevant data when development approvals are sought.
Transportation staff has determined that this petition is consistent with the GMP Transportation
Element Policies 5.1 and 5.2 because there are no roadways that are projected to operate below
the adopted level of service standard with the proposed improvements; therefore, the project will
not have an adverse impact on any roadway.
ANALYSIS:
Staff completed a comprehensive evaluation of this land use petition and the criteria upon which a
favorable determination must be based. These criteria are specifically noted in Section 10.02.13
and 10.02.13 ,B.5 of the LDC and required staff evaluation and comment. The staff evaluation
establishes a factual basis to support the recommendations of staff. The Collier County Planning
Commission (CCPC) uses these same criteria as the basis for their recommendation to the Board
of County Commissioners (BCC), who in turn use the criteria to support their action on the
rezoning request. These evaluations are completed as separate documents and are attached to the
staff report (See Exhibit "A" and Exhibit "B").
Environmental Analysis: Environmental Services staff has reviewed the petition and the PUD
document to address any environmental concerns. This site is devoid of any native vegetation
except a small strip on the northeast boundary of the site; the applicant is proposing to retain this
vegetation to meet native vegetation requirements.
Transportation Review: Transportation Department staffhas reviewed the petition and the PUD
document that accompanies the request. The applicant has incorporated Transportation staffs
revisions within the PUD document including the following: All internal roads, driveways, alleys,
pathways, sidewalks, and interconnections to adjacent developments, with possible exceptions for
Buckstone Drive and Pristine Drive, shall be operated and maintained by an entity created by the
developer and Collier County shall have no responsibility for maintenance of any such facilities.
G:\Current\Meyer\PUD's\Carollna Plsza\STAFF REPORT2.doc
Page 5 of 8
Agenda Item No. 17C
April 26. 2005
Page 11 of 60
Utility Review: The Utilities Department staff has reviewed the petition and has stated that
approval of this petition is subject to application for, and conditions associated with a r'Water and
Sewer Availability Letter" from the Collier County Utilities Division. A 30-inch water main
exists along Vanderbilt Beach Road. However, sewer availability shall be subject to construction
and placement into service of a proposed 16-inch force main along Vanderbilt Beach Road.
Zoning Review: A discussion of this relationship, as it applies specifically to Collier County's
legal basis for land use planning, refers to the relationship of the uses that would be pennitted if
the proposed zoning action is approved, to the requirement or limitations set forth in the Future
Land Use Element (FLUE) of the Growth Management Plan (GMP). The proposed uses, as
limited in the staff's PUD document, are consistent with the GMP, as previously noted. The
actual uses proposed, as limited in the PUD document, should be compatible with the land uses
that have been developed on adjacent tracts. As discerned from the aerial photograph, the
surrounding zoning discussion and the Master Plan, the site will be separated from other
development by roadways on the east, west and south along with a 20-foot type D buffer; and the
applicant is providing a 10-foot wide type A buffer to the north where the project will abut the
preserve area for Wolf Creek PUD. In addition the PUD Document requires that all buildings
setback 1 foot from the property line for each 1 foot in building height, which means a 35 foot tall
building will have to setback 35 from the property line and the single-family homes to the north.
Deviation 1 seeks relief from LDC Section 5.06.04.6.a. -.c.: The applicant is requesting a
deviation to allow an off-premises sign, advertising three residential developments in the abutting
Wolf Creek PUD, to be located on the Carolina Plaza MPUD property, The three residential
developments in the Wolf Creek PUD only have access from Pristine Drive, so in order to insure
they have adequate signage, the applicant is working with the developers of the Wolf Creek PUD
to allow a sign to be located in the center median of Pristine Drive which is split equally between
Wolf Creek PUD and Carolina Plaza MPUD. The applicant is therefore requesting the following
deviation:
1. Deviation from Land Development Code (LDC) Section 5.06.04.6. A-C., one
double-faced sign a maximum of 8 feet in height and 64 square feet in area located in a
median in the road between the Wolf Creek PUD and the Carolina Plaza MPUD on the
west side of the Carolina Plaza property line, advertising no more than three residential
developments in the abutting Wolf Creek PUD. The proposed sign must meet all
vehicular safety sight distance standards for Collier County and setbacks from the
Vanderbilt Beach Road frontage required in the Carolina Plaza MPUD document
Staff supports the proposed deviation, because it will result in less signage, a better quality sign
and will make it easier for all parties when the sign pennits are requested. The proposed signage
being requested is consistent with current LDC regulations for one residential development.
Allowing the shared sign will also minimize confusion for visitors and deliveries to the three
developments.
G:\Current\MeyenPUD'8\CaroUna Plaza\ST AFF REPORT2.doc
Page 6 of 8
Agenda Item No. 17C
April 26, 2005
Page 12 of 60
NEIGHBORHOOD INFORMATION MEETING:
The NIM was held on March to, 2005 at 5:30 P.M. at North Naples Baptist Church. Six people
attended the meeting. Bill Hoover, representing the applicant, gave an overview of the project
and the PUD document. There were no concerns expressed about the rezoning or the proposed
uses and development. Those attending asked clarifying questions about uses allowed in the PUD
document. Mr. Hoover explained that there would be no gas stations, no convenience stores with
gas pumps, no tire store, and no fast food, drive-thru restaurants. He did explain that they were
anticipating a bank building, an upscale restaurant, retail and offices with up to 64 residential
condominium units on the second and third floors of the office/retail area. He also clarified that
none of those units were affordable housing units. Maximum building height proposed in the
PUD would be three stories.
STAFF RECOMMENDATION:
Zoning & Land Development Review staff recommends that the Collier Cmmty Planning
Commission forward Petition PUDZ-2004-AR-6383 to the Board of County Commissioners with
a recommendation that this petition be deemed consistent with the GMP, and further that the
rezoning request from the Rural Agricultural zoning district to PUD be approved, subject to the
development commitments contained in the PUD document.
PREPARED BY:
ROBIN D. MEYER, AICP, PRINCIPAL PLANNER DATE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
REVIEWED BY:
RAYMOND V. BELLOWS, MANAGER DATE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
SUSAN MURRAY, AICP, DIRECTOR DATE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
G:\CUrrent\Meyer\PUD'8\C8ro1fna Plaza\ST AFF REPORT2.doc
Page 7 of 8
APPROVED BY:
Agenda Item No. 17C
April 26, 2005
Page 13 of60
JOSEPHK. SCHMITI' ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
Tentatively scheduled for the April 26, 2005 Board of County Commissioners Meeting
COLLIER COUNTY PLANNING COMMISSION:
RUSSELL A. BUDD, CHAIRMAN
DATE
Exhibits:
Rezone Findings
PUD Findings
Traffic Impact Statement (TIS)
A.
B.
C.
G:\Current\Meyer\PUD's\Carollna PIBZa\STAFF REPORT2.doc
Page 8 at 8
Agenda Item No. 17C
April 26, 2005
Page 14 of 60
FINDINGS FOR PUD
PUDZ-2004-AR-6383
Section lO.02.13.B.5. of the Collier County Land Development Code requires the Planning
Commission to make a finding as to the PUD Master Plans' compliance with the following
criteria:
1. The suitability of the area for the type and pattern of development proposed in relation
to physical characteristics of the land, surrounding areas, traffic and access, drainage,
sewer, water, and other utilities.
The subject site was used as farm land which has altered the natural characteristics of the
land. The site is located where it has access to Vanderbilt Beach Road near its intersection
with Collier Boulevard (C.R 951). The petitioner has agreed to connect to county utility
service, and the drainage will be provided in compliance with all applicable codes. In
addition the proposed project will not lower any adopted level of service standard below its
minimum standards for roadways and water/sewer facilities.
2. Adequacy of evidence of unified control and suitability of any proposed agreements,
contract, or other instruments, or for amendments in those proposed, particularly as
they may relate to arrangements or provisions to be made for the continuing operation
and maintenance of such areas and facilities that are not to be provided or maintained
at public expense.
Documents submitted with the application provide evidence of unified control. The PUD
document makes appropriate provisions for continuing operation and maintenance of
common areas.
3. Conformity of the proposed Planned Unit Development with the goals, objectives and
policies of the Growth Management Plan (GMP).
The subject petition has been found consistent with the goals, objectives and policies of the
GMP, as provided for in the Ordinance. Please see the staff report for a more detailed
discussion.
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.
Staff analysis indicates that this petition is compatible, both internally and externally, with
the proposed uses and with the existing surrounding uses.
S. 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.
EXHIBIT "B"
G:\Current\Meyer\PUD's\Carolina Plaza\FINDINGS FOR PUD.doc Page 1 of 2
Agenda Item No. 17C
April 26, 2005
Page 15 of60
6. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, 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.
InfŸastructure is or will be in place in the vicinity and its adequacy will be detennined at
the time of SDP approval.
8. Conformity with POO 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 criterion 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.
EXHIBIT "BN
G:\CulT8nt\Meyer\PUD's\Carolina Plaza\FINDINGS FOR PUD.doc Page 2 of 2
Agenda Item No. 17C
April 26, 2005
Page 16 of 60
REZONE FINDINGS
PETmON PUDZ-2004-AR-6383
Section 10.03.05.0. of the Collier County Land Development Code requires that the report and
recommendations of the Planning Commission to the Board of County Commissioners shall
show that the Planning Commission has studied and considered the proposed change in relation
to the following, where applicable:
1. Whether the proposed change will be consistent with the goals, objectives, & policies
of the Future Land Use Map and the elements of the Growth Management Plan.
The Comprehensive Planning Department has indicated that the proposed PUD is
consistent with all applicable elements of the Future Land Use Element (FLUE) of the
Growth Management Plan (OMP) and the Vanderbilt Beach I Collier Blvd Commercial
Subdistrict.
2. The existing land use pattern;
This project will be consistent with the existing and proposed land use patterns as
explained in the staff report.
3. The possible creation of an isolated district unrelated to adjacent and nearby
districts;
The subject parcel is of sufficient size that it will not result in an isolated district
unrelated to adjacent and nearby districts. It is also compatible with expected land uses
by virtue of its consistency with the FLUE of the OMP.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
The PUD district boundaries are logically drawn and they are consistent with the FLUE
and the Vanderbilt Beach I Collier Blvd. Commercial Subdistrict designation of the
FLUM in the OMP.
5. Whether changed or changing conditions make the passage of the proposed
amendment necessary.
The growth and development trends, changing market conditions, specifically the
development of the sUITounding area, necessitate the proposed rezone. Staff believes this
rezone is appropriate, noting that there are no longer agricultural uses remaining in this
Section. The Mission Hills Commercial PUD being developed to the east of the subject
site further indicates that growth is expected to occur in this area. The proposed PUD
rezoning is appropriate, as limited in the PUD document and the PUD Master Plan based
on its compatibility with adjacent land uses.
EXHIBIT -Air
G:\Current\Meyer\PUD's\Carolina Plaza\REZONE FINDINGS.doc Page 1 of 4
Agenda Item No. 17C
April 26, 2005
Page 17 of 60
6. Whether the proposed change will advenely inOuence living conditions in the
neighborhood;
The development standards and landscaping requirements contained in the PUD
document are intended to mitigate any adverse impact to the living conditions in this
neighborhood if the proposed change is approved.
7. Whether the proposed change will create or excessively increase traffic congestion
or create types of traffic deemed incompatible with surrounding land uses, because
of peak volumes or projected types of vehicular traffic, including activity during
construction phases oftbe development, or otherwise affect public safety.
The Transportation Services Division has reviewed the proposed development plans and
has incorporated language into the MPUD document which renders the PUD compatible
with the Traffic Circulation Element. Therefore, the proposed MPUD will not
excessively increase traffic congestion.
8. Whether the proposed change will create a drainage problem;
The project will be required to obtain a pennit from the South Florida Water
Management District. Drainage problems should not be created when construction is
done in accordance with the pennit.
9. Whether the proposed change will seriously reduce light and air to adjacent areas;
All projects in Collier County are subject to the development standards that apply
generally and equally to all zoning districts (i.e. open space requirement, corridor
management provisions, etc.) that were designed to ensure that light penetration and
circulation of air do not adversely affect adjacent areas. This project will be subject to
those same standards.
10. Whether the proposed change will advenely affect property values in the adjacent
area;
Property valuation is affected by a host of factors including zoning, however zoning by
itself mayor may not affect values, since value detennination by law is driven by market
value. The mere fact that a property is given a new zoning designation or amendment
mayor may not affect value.
11. Whether the proposed change will be a deterrent to the improvement or
development of adjacent property in accordance with existing regulations;
The development of adjacent properties, in accordance with existing regulations, will not
be affected if this rezone is approved.
EXHIBIT ""AN
G:\Current\Meyer\PUD's\Carolina Plaza\REZONE FINDINGS.doc Page 2 of 4
Agenda Item No. 17C
April 26, 2005
Page 18 of 60
12. Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasting with the public welfare;
The proposed rezone to PUD complies with the Growth Management Plan, which is a
public policy statement supporting zoning actions when they are consistent with said
plans. In light of this fact, the proposed change in zoning does not constitute a grant of
special privilege. Consistency with the FLUE is further detennined to be a public
welfare relationship because actions consistent with plans are in the public interest.
13. Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning;
The property is currently used in compliance with the existing zoning, and that use could
remain if so desired by the property owner. However, the property would not be used for
its highest and best use as permitted in the Vanderbilt Beach! Collier Boulevard Mixed
Use District.
14. Whether the change suggested is out of scale with the needs of the neighborhood or
the County;
The proposed MPUD is designed in a manner that is compatible with surrounding
property in size and scale. It is also consistent with the FLUE of the Growth Management
Plan, as further limited in the MPUD document.
15. Whether is it impossible to find other adequate sites in the County for the proposed
use in districts already permitting such use.
As noted above, this site is the subject of a specific OMP sub district-designation. That
Subdistrict was designed to accommodate this specific rezone request, there is no other
site in Collier County with that same designation; therefore, this is the only site that will
accommodate this rezone request.
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.
While site conditions may restrict the location and square-footage of the buildings, they
would not render the property unusable.
17. The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the CoOler County Growth
Management Plan and as dermed and implemented through the Collier County
Adequate Public Facilities Ordinance, as amended.
A multi-disciplined team responsible for jurisdictional elements of the OMP has
reviewed this petition and they have found it consistent with the OMP. The conditions of
approval have been incorporated into the MPUD document. Staff reviews for adequacy
of public services and levels of service detennined that required infrastructure meets with
GMP established relationships.
G:\Current\Meyer\PUD's\Carolina Plaza\REZONE FINDINGS.doc Page 3 of 4
Agenda Item No. HC
April 26, 2005
Page 19 of 60
EXHIBIT -A"
G:\Currant\Meyer\PUD's\Carolina Plaza\REZONE FINDINGS.doc Page 4 of 4
o.17C
,2005
of 60
,
HOOVER PLANNING & DEVELOPMENT, INC.
Rezonin8s, PUDs, Conditional Uses, Variances, Pllln Amendments,
Traffic, Parking, & Land Use Studies, Site Púznnin8 & Subdivisions
August 9, 2004
Mr. Robin Meyer, AICP
Current Planning
2800 N. Horseshoe Drive
Naples, FL 34104
RE: Initial Submittal of the Carolina Village PUD (aka Catalina Plaza)
Dear Mr. Meyer:
The subject property is 15.88 acres in size and is located on the north side of Vanderbilt Beach
Road about ~ mile west of CoHier Boulevard. Carolina Village PUD intends to create an urban
village or Main Street center, by combining specialty retail uses, office uses, and multi-family
residences, in a pedestrian-friendly and water-oriented setting. A maximum of 150,000 square
feet of commercial uses and up to 64 residential units are requested with this PUD application.
Carolina Village is intended to complement and transition down from the more intensive and
automobile-oriented land uses within the Mission Hills Shopping Center, that is being constructed
just east of Carolina Village. A wide preserve area along the southern boundary of the planned
BI~ck Bear Ridge Subdivision (within the Wolf Creek PUD) will separate Carolina Village's
northern boundary from this planned single-family project. To the west is a planned 36-acre
condominium project, also located within the Wolf Creek PUD. The developers of Carolina
Village PUD have agreed to pay a "fair-share" and share 2 access roads onto the County's arterial
roadway network with the neighboring projects. These include: a planned spine road (Pristine
Drive) traversing the project's western boundary and also serving the residential projects within
the Wolf Creek PUD and the loop road going around the Mission Hills Shopping Center, that
provides access onto both Collier Boulevard and Vanderbilt Beach Road.
. The subject property proposes to amend the Vanderbilt Beach/Collier Boulevard Commercial
. Subdistrict, by adding the subject property to the existing district that currently includes the
Mission Hills PUD (33.45 acres comprising the Mission Hills Shopping Center). On June 8,
2004, the Board of County Commissioners recommended unanimously to forward a Plan
Amendment to the State of Florida Department of Community Affairs (DCA) for their review and
input amending the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, as outlined
above. Joseph Schmitt, Development Services Administrator, has advised us that this PUD
application can be applied for and reviewed by County staff, while the State DCA is reviewing
the Plan Amendment.
Sincerely,
~y~
William L. Hoover, AICP
--.----.-'
3400 arr \.Itr
PUD-iiÔo4..AR-6383
PROJECT #2004060063
DATE: 8/2012004
ROBIN MEYER
3785 Airport Road North, Suite B-1¡ Napks, Florida 34105-4518 · Phone: 239-403-8899 · Fax: 239-403-9009
Plan Amendment as Reviewed by the BCC on June 8. 2004 and Recommended for
Submittal to the State DCA for the Vanderbilt Beach/Collier Boulevard Subdistrict
Agenda Item No. 17C
April 26, 2005
Page 21 of 60
--
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 9R in.J.!:l§ R;rtR si"e northwest auadrant of the intersection betweeA
the n'''; (2) ~ajer AaS"'.\'aYs 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
excansion area as deDicted 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 cromote mixed-use
develocment (residential uses over commercial uses). The Vanderbilt Beach/Collier Boulevard
Commercial Subdistrict will reduce driving distances for neighboring Fesi"eAts and Golden Gate
Estates residents. assist in minimizing the road network required. and reduce traffic ¡mDacta in
this part of Collier County. This &§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 Policy 1.1.2 of the Collier County Cacital ImDrOyement Element and Policy 5.1 of
the TransDortation Element. aDDroval of any subseauent rezone Detition for the subiect DrODerty
by the Collier County Board of County Commissioners shall be continaent UDon Drohibition of
issuance of further develoDment orders until all imDacted roadways are no lonaer deficient or
imDrovement is included in the first or second vear of the Schedule of CaDitallmcrovements.
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. E)(slwsive ef tRe 33. ~i 8GFeS ':JfthiA tRe ~FeVie"'8Iy a~~rev." Misli9A Hills PUD
Within the 15.88-acre excansion area. the followina land uses shall not be cermitted: aas
stations. convenience stores with aas DumDS, fast food restaurants with driye-throuah lanes.
and bre 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 sinale buildina - financial services and/or Offi:S
over retail uses - shall be limited to three stories. Mixed-use buildinas. containina at least c;>
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 Droiect or vet to be established PUD District
tRe ¡wb~i6trist shall be required to have common site, signage and building architectural
elements. TRe prlil~el'ty Each Droiect or PUD District shall provide for ~eteAtial both Dedestrian
and vehicular interconnection§. with adjacent properties.
Words strwsk threblgh are deletions; words underlined are additions 2
Agenda Item No. 17C
April 26, 2005
-. . - . . _ _. '.. Page 22 of 60
PUDZ-2004-AR-6383
PROJECT ##2004060063
DATE: 812012004
ROBIN MEYER
APPLICATION FOR PUBLIC HEARING FOR:
[8]PUD REZONE (PUDZ)
[JPUD TO PUD REZONE (PUDZ-A)
Petition No.:
Planner Assigned:
Date Received:
Commission District:
ABOVE TO BE COMPLETED BY STAFF
1 . General IDformation:
Name of Applicant(s) Catalina PIA7.q LLC.
Applicant's Mailing Address 3785 Airport Road North. Suite B-1
City
Naples
State
FL
Zip
34105
Applicant's Telephone #
239-403-8899
Fax # 239-403-9009
Applicant's E-Mail Address:
billh@hooverplanninlZ.com
Name of Agent
William Hoover. AICP Finn Hoover Planning & Development. Inc.
Agent's Mailing Address 3785 Airport Road North. Suite B-1
City
Naples
State
FL
Zip 34105
Agent's Telephone #
239-403-8899
Fax #
239-403-9009
Agent's E-Mail Address:
billh@hoovelplannin~.com
COLLIER COUNTY COMMUNITY DEVELOPMENT
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
1800 N. HORSESHOE DRIVE-NAPLES, FL 34104
PHONE (941) 403-1400IFAX (941) 643-6968
l\øalieadoD For Pub"e Huriolr For PUD RezoDe 6/14104
Agenda Item No. 17C
April 26. 2005
Page 23 of 60
*Be aware that Collier County !au lobbyist replationl. Guide younelfaccordingly
and ensure that you are in compliance with these regulations.
Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets
if necessary)
Name of Homeowner Assoeiation: Vanderbilt COW1Uy Club HOA. c/o Glen Cribbett
Mailing Address 8250 Danbwy Boulevard City Naples State Florida Zip 34120
Name of Homeowner Association: Island Walk HOA clo Joe Moeller
Mailing Address 4021 Trinidad Way
City Naples State Florida Zip 34119
Name of Homeowner Association:
Mailing Address
City
State _ Zip
Name of Master Association:
Mailing Address
City
State _ Zip
Name of Civic Association: Golden Gate Estates Area Civic Association
Mailing Address 761 17th St. SW City Naples
State Florida Zip 34117
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
NA
Percentage of Ownership
ÁDDllutioa For Public Hear""! For PUO RnoDe 6/14J04
b.
Agenda Item No. 17C
April 26, 2005
If the property is owned by a CORPORATION, list the officers and stockhol_~
percentage of stock owned by each.
Name and Address, and Office
NA
Percentage of Stock
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 Jnterest
Vanderbilt Beach Road Land Trust
Mark L. Lindner. Trustee. Naples Realty Services
4099 N. Tamiami Trail. 2nd Floor
Naples. Florida. 34103
The Vanderbilt Beach Road Land Trust has the
following beneficiaries:
See the next palle.
d If the property is in the name of a GENERAL or LIMITED PARTNERSHn>, list the
name of the general and/or limited partners.--
Name and Address
NA
Percentage of Ownership
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a
Corporation, Trustee, or a Partnership, list the names of the contract purchasers below,
including the officers, stockholders. beneficiaries. or partners.
Name and Address
William L. Hoover. Manager
Catalina Plaza. LLC.
3785 Airport Road N" Suite B-1
Naoles. FL 34105
Percentage of Ownership
See Breakdown on next page
Date of Contract: Feb. 2003
ÁDnllradoa For hblle HearlDl! For PUD Rezone 6/14/04
Agenda Item No. 17C
V ANDERBIL T BEACH ROAD LAND TRUST (OWNER) ~~~~2265 ~?~g
List of Beneficiaries
Name
Address
6 Regency Circle Lake, St. Louis, MO
12183 Bluebird Circle. Coon Rapids, MN
1930 Princess Court. Naples, FL
7024 Woodcroft Lane, Ft. Wayne, IN
2882 Brookside Bend Drive, Cannel, IN
2882 Brookside Bend Drive, Cannel, IN
6580 Sable Ridge Lane, Naples, FL
13101 Pond Apple Drive, Naples, FL
13342 Rosewood Lane, Naples, FL
4423 Silver Fox Drive, Naples, FL
9362 Gulfshore Drive, Naples, FL
9362 Gulfshore Drive, Naples, FL
14208 Canterbury Court, Leawood, KS
6883 Redbay Park Road, Naples, FL
194 14th Avenue South, Naples, FL
_ ,. 2206 Majestic Court, Naples, FL
517010 Avenue SW, Naples, FL
Philip Duff
Charles & Helen Marie Zel! Trust
Dean Lind IRA
Ronald Plassman
Mark Plassman
Anne Plassman Trost
William Rapps
Raymond Eschelman
Edwin F. Boynton Trust
Robert F. Reynolds IRA
Robert J. McCracken
Joyce L. McCracken
Don P. Knopke Trust
George Riebesell
John Saltsman
Mark Lindner
L.1. Smith
Ownership
S%
2.5%
5%
20010
15%
15%
2.5%
5%
7.5%
5%
1.25%
1.25%
5%
2.5%
S%
2.5%
2.5%
BREAKDOWN OF MEMBERSHIP IN CAT ALINA PLAZA, LLC
Percentage Owned
5%
13%
3%
2.5%
5%
5%
3.5%
1.5%
20010
30%
6.5%
5%
100%
Members' Names/Addresses
Thomas Beaver, 345 Esther Street, Naples, FL 34104
Q. Grady & Nancy Minor, 3800 Via Del Rey, Bonita Springs, FL 34134
Peter Schoenauer, 2154 Trade Center Way, Naples, FL 34109
Jefftey & Leaetta Davidson, 2154 Trade Center Way, Naples, FL 34109
Richard & Catherine Shanahan, 427 Barcelona Court, Marco Island, FL 34145
Randy Rose, 3775 Airport Road N., Suite A, Naples, FL 34105
William & Charlene Hoover, 5690 Wax Myrtle Way, Naples, FL 34109
Jeremy Sterk & Rita Bhaduri-Sterk, 2875 Garland Road, Naples, FL 34117
Thomas & Julie Hoover, 4025 Hillman Road, Morral, OH 43337
Morning Glorys, Inc'" 9225 Gulfshore Drive N., Naples, FL 34108
Robert & Kay Hartman, 21109 Pargill is Road, Bowling Green, OH 43402
Donald Rife. 616 Brook Run Drive. Westerville. OH 43081
Total '
·Peter Tierney is President and Michael Moore is Vice-President and own all of the stock of Morning
Glorys, Inc. and their office is at this same address.
Catalina Land Group, Inc. is the manager of Catalina Plaza, LLC. William and Charlene Hoover own
100% of the stock in Catalina Land Group. Inc. William Hoover is President, Charlene Hoover is
Secretaryrrreasurer, Jeremy Sterk is a Vice-President, and Q. Grady Minor is a Vice-President of
Catalina Land Group, Inc.
ADDlludOll For '.blle Heal'Úlll For 'UD Rezooe 6/14/04
_.'.'~-_._~-~
f.
Agenda Item No. 17C
April 26, 2005
If any contingency clause or contract tenns involve additional parties, list all ~S30
or officers, if a corporation, partnership, or trust.
Name and Address
NA
g. Date subject property acquired (X) leased (): Tenn of lease yrs./mos.
Parcel #39 on 4-20-00, Parcel #41 on 5-23-01, and Parcel #43 on 5-22-02.
If, Petitioner has option to buy, indicate date of option: . and date option
terminates: , or anticipated closing date
The petitioner is a contracted purchaser and is expected to close in Spring 2005.
h. Should any changes of ownership or changes in contracts for purchase occur subsequent
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 fonn.
3. Detailed Iesr:al des~riDtiOD of the DroDertv covered bv the aDDHcation: (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:
34
Township:
48S
Range: 26E
Lot:
Block:
Subdivision:
Plat Book_ Page #:
Parcel #39 - 00204760308. Parcel 41 -
Property I.D.#: 00204760502. Parce143 - 00204760706
Metes & Bounds Description: See Le~al Description on Next Pue.
4 . Size of orooertv: 1323 ft. X 523 ft. = Total Sq. Ft. 691.929 Acres 15.88
5. Address/e:eneralloeation ofsubied DroDertv: On the north side of Vanderbilt Beach
Road. approximately Y. mile west of Collier Boulevard.
6.
PUD District (LDC 2.2.20.4):
~ Residential 0 Community Facilities
~ Commercial 0 Industrial
ADDlication For Public Hearl... For PUD lùzonc 6/1"104
Carolina Village
Legal Description
Agenda Item No. 17C
April 26, 2005
Page 27 of 60
THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 34,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; LESS AND
EXCEPT VANDERBILT BEACH ROAD RIGHT-OF- WAY, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 34, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 89°46'10" WEST,
ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 34, FOR A
DISTANCE OF 1,322.24 FEET TO THE SOUTHEAST CORNER OF THE SOUTH 1/2 OF THE
SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 34; THENCE RUN NORTH
02°14'20" WEST, ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST
1/4 OF SAID SECTION 34, FOR A DISTANCE OF 145.13 FEET TO A POINT ON THE NORTH
RIGHT -OF- WAY LINE OF VANDERBILT BEACH ROAD, A 175 FOOT WIDE RIGHT -OF-
WAY, AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED;
THENCE CONTINUE NORTH 02°14'20" WEST, ALONG THE EAST LINE OF THE
SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 34, FOR A DISTANCE OF
523.93 FEET TO THE NORTHEAST CORNER OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4
OF THE SOUTHEAST 1/4 OF SAID SECTION 34; THENCE RUN NORTH 89°47'36" WEST,
ALONG THE NORTH LINE OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE
SOUTHEAST 1/4 OF SAID SECTION 34, FOR A DISTANCE OF 1,322.04 FEET TO THE
NORTHWEST CORNER OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST
1/4 OF SAID SECTION 34; THENCE RUN SOUTH 02°13'26" EAST, ALONG THE WEST LINE
OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 34, FOR A
DISTANCE OF 523.38 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID
V ANDERBIL T BEACH ROAD; THENCE RUN SOUTH 89°46'10" EAST, ALONG THE NORTH
RIGHT-OF - WAY LINE OF SAID V ANDERBIL T BEACH ROAD, FOR A DISTANCE OF
1,322.20 FEET TO THE POINT OF BEGINNING; CONTAINING 15.879 ACRES, MORE OR
LESS.
ADDlleatlon For Public "cariDI! For pun Rezone 6/14104
~.. .',. -' .,..."-- ---."
..,. .----'''"""
7.
Adiacent zonÎDsr: aDd land use:
Agenda Item No. 17C
April 26, 2005
Page 28 of 60
Zoning
Land use
Wolf Creek PUD-Planned Single-Family Subd. (Black Bear Ridge)
N PUD
S ROW & Estates
Vanderbilt Beach Road & Golden Gate Estates Homes
E PUD
Commercial \ Retail (Mission Hills ShODDing Center)
W PUD
Wolf Creek PUD- Condominium Proiect
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). Yes
Section: 34
Township:
48
Range: 26
Lot:
Block:
Subdivision:
Plat Boo~ Page #:
Property I.D.#:
00204040002
Metes & Bounds Description: The South half of the SE quarter of the SW auarter of Sec. 34.
T\\'P. 48 S. Rng. 26E. Collier County. Fl. subject to an easement over the east 30 feet. and less
the southerlv 145 feet for Vanderbilt Beach Road right-of-way.
8. Rezone Reouest: This application is requesting a rezone from the AG
zoning district(s) to the PUD zoning district(s).
Present Use of the Property:
Agricultural-Improved Pasture
Proposed Use (or range of uses) of the property: Mixed Use - Office. specialty retail. and
multi-family residential uses.
Original PUD Name:
NA
Ordinance No.:
9. Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County
Land Development Code, staff's analysis and recommendation to the Planning Commission,
and the Planning Commission's recommendation to the Board of County Commissioners shall
be based upon consideration of the applicable criteria noted below. Provide a narrative
statement describing the rezone request with specific reference to the criteria noted below.
Include any backup materials and documentation in support of the request.
ADDlI !atlo. For Publl ! Hearl... For pun Rem.1! 6/14J04
Agenda Item No. 17C
. Th C . I gall Iud d fro c.' April ~~.25
9. Deed Restrietioal: e ounty IS e y prec e m enlorcmg deed RäijBwuw~o
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 "ad ule Detitionl oa the Babied DroDertv: 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? Comprehensive Plan Amendment CP-2003-1
11. Additional Submittal reaulrementa: In addition to this completed application, the following
shall be submitted in order for your application to be deemed sufficient, unless otherwise
waived during the pre-application meeting.
a. A copy of the pre-application meeting notes;
b. If this rezone is being requested for a specific use, provide twenty (20) copies (this
includes: HUI if affordable housing, Joyce Ernst, if residential and ImmokaleelWater
Sewer District, if in Immokalee) of a 24" x 36" conceptual site plan [and one reduced 8Yz"
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 structure(s) on site),
· all existing and/or proposed parking and loading areas [include matrix indicating
required and provided parking and loading, including required parking for the
disabled],
· required yards, open space and preserve areas,
· proposed locations for utilities (as well as location of existing utility services to the
site),
· proposed and/or existing landscaping and buffering as may be required by the County,
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.
ADDliClltiOD For Public HcariDl[ For pun Rezone 6/14104
I.. ....
~.,._--
Agenda Item No. 17C
Such identification shall be consistent with Florida Department of Transpo~~
Use Cover and Fonns Classification System. Additionally, a calculation of the acreage
(or square feet) of native vegetation on site, by area, and a calculation and location(s) of
the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.).
f. Statement of utility provisions (with all required attachments and sketches);
g. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting;
h. A historical and archeological survey or waiver application if property is located within
an area of historical or archaeological probability (as identified at pre-application
meeting);
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 pennits.
j. The petitioner must provide a letter of no objection from the United States Postal Service
prior to submittal of the application. Please contact Robert M. Skebe, Growth
Management Coordinator at:
U.S. Postal Service
1200 Goodlette Road
Naples, Florida 34102-9998
Phone (239) 435-2122; Fax (239) 435-2160
k. An electronic version of the PUD on a disk as part of this submittal package.
1. 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 D~elopment 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 aetion on
this item, please remove all public bearing advertising sign (s) immediately.
Land Use Petition Continuance Fees:
Two days or less prior to meeting = $500
Requested at the meeting = $750
Additional required advertising charged in addition to continuance fees
ADlllleadOll For Publle Heariu For Pl!D Rnone 6/14/04
.--..- -- - ..--
'.
(f)
PRE-APPLICATION MEETING NOTES
o PUD Rezone 0 PUB to PUD Rezone
Date: ~ Il~t)(/ 1'1-. J: $ð!3.FIrm~~VE«.. ~J!J.MJt'ð-
ProJect Name. C ~ LtV ~A_
AppUcant Name: -B..& \4ðOv.&;{( PIaoDe: .L..{03 -a~
Owuer Name:_t:¥\ a¡nJ< L'N&t~ ~
Owner Address: PIIoDe:
Meeting Attendees: Planner: r ~[N ~..
.MJN:. W/Il.. ~__C;;;;"",,=oð¡¡¡,/ ~ ~
SiAN [HR2~(\)Qr1}.\t.( 4';1";4~ .;:r~,\"I dðr~l~~S.~Y
UIJDA ~YNJ RME)e;r- MLev
Submittal Requirements (refer to 8pp1loatlon for IIddltlomll nNluirementa)
Agenda Item No. 17C
April 26, 2005
Page 31 of 60
24 Copies of the following:
<0 1 additional set if located in the BayshorelGateway Triangle Redevelopment Area)
Æ Completed Application
J Pre-application Meeting Notes
Conceptual Site Plan 24X 36" and One 8.~ X II" copy'
PUD document and Master Plan
2 Copies of the following:
B DeedslLegals &. Survey (if boundary of original PUD is amended)
~ List identifying Owner &. all parties of corporation
Ownerl Agent Affidavit signed & notarized
Completed Addressing Checklist ________.
4 Copies of the following:
Aã}"....,~nvironmental Impact Statement (EIS) or waiver
o Historical Surveyor waiver request
o Utility Provisions Statement w/sketches
o Architectural rendering of proposed structures
~ Architectural Review required
o Survey. signed &. sealed
~
~
~
PUDZ-2004-AR-6383
PROJECT #2004060063
DATE: 812012004
ROBIN MEYER
Seven (7) Traffic Impact Statement (TIS) or waiver
Five (5) copies of Recent Aerial Photograph (with habitat areas defined) min scaled 1" = 400'
One (1) Electronic copy of all documents in Word format and plans (CDRom or Diskette)
One (1) Letter of no objection from the United States Postal Service. Contact Robert M. Skebe
at (239) 435-2122.
..--. -.. '..-...
s
æ
!9
g
Agenda Item No. 17C
April 26, 2005
Page 32 of 60
Fees:
Application Fee:H$IO,OOO + $25 per acre (plus Property Owner Notification fees)
o $8,000 amendment + $25 per acre
$150.00 Fire Code Review
$2,250.00 Comprehensive Planning Consistency Review
$500.00 Pre-application fee (to be credited toward application fee if submitted within 9 months of pre-application
meeting.
$681.00 Legal Advertising Fee for ecpe meeting (to be reconciled upon receipt of Invoice from Naples Daily
News).
$205.00 Legal Advertising Fee for Bee meeting
$1600.00 Environmental Impact Statement review fee
· Property Owner Notifications $1.00 Non-e'rtiJi«lj $3.00 Cert/,fkd nturn nceipt mail
( to be paid after receipt of invoice from Dept. of Zoning &: Development Review
Fee Total $
Meeting Notes
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Agenda Item No. 17C
April 26. 2005
Page 33 of 60
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POll. STA.FF USE ONLY
Primary Nambor ~,;3~qct I
Addnal Number 2,t+-" t I ~
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o BL CBlut1ag Permit}
I:J ROW (Ript-of.. Way Permit)
o BXP (Bxcavation Permit)
o VRSFP (Ve¡. Removal &: Site Fill Permt1:)
PUDZ-2004-AR-6383
PROJECT #2004060063
DATE: 812012004
ROBIN MEYER
AftI.ICÁ'hDN... PlIIIl.it" ......-_ ~'I'rIaIUL ~ _~
ORDINANCE NO. 2005-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY AMENDING THE APPROPRIA 1'E
ZONING ATLAS MAP OR MAPS TO CHANGE THE
ZONING CLASSIFICATION OF THE SUBJECT REAL
PROPERTY FROM RURAL AGRICULTURAL "A" TO
MIXED USE PLANNED UNIT DEVELOPMENT
ItMPUD" FOR A DEVELOPMENT TO BE KNOWN AS
CAROLINA VILLAGE PUD CONSISTING OF 150,000
SQUARE FEET OF COMMERCIAL USES AND UP TO
64 RESIDENTIAL UNITS, FOR PROPERTY LOCATED
ON THE NORTH SIDE OF V ANERVILT BEACH ROAD
ABOUT 1/4 MILE WEST OF COLLIER BOULEVARD,
IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF
15.88± ACRES; AND PROVIDING FOR AN EFFECTIVE
DATE.
Agenda Item No. 17C
April 26, 2005
Page 35 of 60
WHEREAS, William Hoover of Hoover Planning and Development Inc., representing
Catalina Plaza, LLC, petitioned the Board of County Commissioners to change the zoning
classification of the subject real property in Petition PUDZ-2004-AR-6383.
NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida, that:
SECTION ONE:
The Zoning Classification of the subject real property described in Section 1.2 of the PUD
Document, attached hereto as Exhibit "A," and incorporated by reference herein, located in
Section 34, Township 48 South, Range 26 East, Collier County, Florida, is changed from itA"
Rural Agricultural to "MPUDIt Mixed Use Planned Unit Development in accordance with the
Carolina Village PUD. The appropriate zoning atlas map or maps as described in Ordinance
Number 04-41, as amended, the Collier County Land Development Code, hereby amended
accordingly.
SECTION TWO:
State.
This Ordinance shall become effective upon filing with the Florida Department of
Agenda Item No. 17C
April 26, 2005
Page 36 of 60
PASSED AND DULY ADOPTED by super majority vote of the Board of County
Commissioners of Collier County, Florida, this _ day of
,2005.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DEPUTY CLERK
BY:
FRED W. COYLE, ŒAIRMAN
Approved as to fonn and
~ëP.\~
Patrick G. White
Assistant County Attorney
Agenda Item No. 17C
April 26, 2005
Page 37 of 60
CAlU.INA \tII.A(El\ÐIDŒEPUD
~ŒEPI.ANNm~
REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE CAROLINA
VilLAGE MIXED USE PUD, A MIXED USE PLANNED UNIT DEVELOPMENT
PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT
CODE.
PREPARED FOR:
WilLIAM L. HOOVER
CAT ALINA PLAZA, llC
3785 AIRPORT ROAD N., SUITE B-1
NAPLES, FLORIDA 34105
PREPARED BY:
RICHARD D. YOVANOVICH
GOODlETTE, COLEMAN & JOHNSON, P.A.
4001 N. TAMIAMI TRAil, SUITE 300
NAPLES, FLORIDA 34103
and
NORMAN J. TREBilCOCK, P.E., AICP
Q. GRADY MINOR & ASSOCIATES, INC.
3800 VIA DEL REY
BONITA SPRINGS, FLORIDA 34134
and
WilLIAM l. HOOVER, AICP
HOOVER PLANNING & DEV., INC.
3785 AIRPORT ROAD N., SUITE B-1
NAPLES, FLORIDA 34105
DATE FilED Auaust 9, 2004
DATE REVISED ADrll 9, 2005
DATE REVIEWED BY CCPC ADril 7, 2005
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
.""_m·'·'···__._.____,·_··..~_._~_.,..._
Agenda Item No. 17C
April 26, 2005
Page 38 of 60
TABLE OF CONTENTS
PAGE
LIST OF EXHIBITS AND TABLES
iii
STATEMENT OF COMPLIANCE
SECTION I PROPERTY OWNERSHIP AND DESCRIPTION
1
SECTION II PROJECT DEVELOPMENT REQUIREMENTS
3
5
8
SECTION III MIXED USE AREA PLAN
SECTION IV PRESERVE AREA PLAN
SECTION V DEVELOPMENT COMMITMENTS
14
15
ii
Agenda Item No. 17C
April 26, 2005
Page 39 of 60
LIST OF EXHIBITS AND TABLES
EXHIBIT [A~ PUD MASTER PLAN/UTILlTIESIWATER MANAGEMENT PLAN
EXHIBIT [80 CROSS SECTIONS FOR PUD MASTER PLAN
EXHIBIT !nO CAROLINA VILLAGE LEGAL DESCRIPTION
EXHIBIT [DO LOCATION MAP
EXHIBIT [E~ BOUNDARY SURVEY
TABLE I DEVELOPMENT STANDARDS
iii
-.- ~_. ---
Agenda Item No. 17C
April 26, 2005
Page 40 of 60
STATEMENT OF COMPLIANCE
The development of approximately 15.BB± acres of property in Collier County, as a
Mixed Use Planned Unit Development to be known as Carolina Village Mixed Use PUD
will be in compliance with the planning goals and objectives of Collier County as set
forth in the Collier County Growth Management Plan. The commercial and residential
facilities of the Carolina Village Mixed Use PUD will be consistent with the growth
policies, land development regulations, and applicable comprehensive planning
objectives for the following reasons:
1. The subject property is within the Vanderbilt Beach/Collier Boulevard
Commercial Subdistrict land use designation as identified on the Future Land
Use Map and as described in the Vanderbilt Beach/Collier Boulevard
Commercial Sub-District of the Urban - Mixed Use District in the Future Land Use
Element. The Future Land Use Element permits commercial and residential land
uses in this area and this Mixed Use PUD complies with both the commercial and
residential development standards within the Vanderbilt Beach/Collier Boulevard
Commercial Subdistrict.
2. The subject property's location in relation to existing or proposed community
facilities and services permits the development's commercial intensity as
described in Objective 2 of the Future Land Use Element.
3. The project development is compatible and complimentary to surrounding land
uses as required in Policy 5.4 of the Future Land Use Element.
4. Improvements are planned to be in compliance with applicable sections of the
Collier County Land Development Code as set forth in Objective 3 of the Future
Land Use Element.
5. The project development will result in an efficient and economical allocation of
community facilities and services as required in Policy 3.1.G of the Future Land
Use Element.
6. The project development is planned to protect the functioning of natural drainage
features and natural groundwater aquifer recharge areas as described in
Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element.
7. The project is located within the Urban Mixed Use District, Vanderbilt
Beach/Collier Boulevard Commercial Subdistrict, on the Future Land Use Map.
The 64 proposed units over commercial uses and resultant density of 4.03
dwelling units per acre is in compliance with the Future Land Use Element of the
Growth Management Plan based on the following relationships to required
criteria:
Agenda Item No. 17C
April 26. 2005
Page 41 of 60
15.88 Acres for a Mixed-Use Proiect With Residential Uses Over Commercial
Uses Within the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict
Maximum Permitted Density
16 dwelling units/acre
Maximum permitted units = 15.88 acres x 16 dwelling units/acre = 254 as
the maximum number of dwelling units at a maximum density of 15.99
dwelling units/acre.
Requested dwelling units = 64.
Requested density = 4.03 dwelling units/acre.
8. All final local development orders for this project are subject to Division 6.02,
Adequate Public Facilities Requirements, of the Collier County Land
Development Code.
2
Agenda Item No. 17C
April 26, 2005
Page 42 of 60
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the
property, and to describe the existing conditions of the property proposed to be
developed under the project name of Carolina Village Mixed Use PUD.
1.2 LEGAL DESCRIPTION
The subject property being 15.88± acres, is located in Section 34, Township 48
South, Range 26 East, and is fully described on Exhibit ¡nO
1.3 PROPERTY OWNERSHIP
The subject property is owned by:
The Vanderbilt Beach Road Land Trust, c/o Mark L. Lindner, Trustee,
Naples Realty Services, 4980 N. Tamiami Trail, 2nd Floor, Naples, Florida
34103.
The subject property is under purchase contract by:
William L. Hoover, President of Catalina Land Group, Inc., as the Manager
of Catalina Plaza, LLC, 3785 Airport Road North, Suite B-1, Naples,
Florida 34105.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The subject property is located on the north side of Vanderbilt Beach
Road approximately one-quarter mile west of Collier Boulevard
(unincorporated Collier County), Florida.
B. The zoning classification of the subject property prior to the date of this
approved Mixed Use PUD Document was Rural Agricultural.
1.5 PHYSICAL DESCRIPTION
The Project site is located within the Harvey Drainage Basin according to the
Collier County Drainage Atlas. The proposed outfall for the Project is to the
Vanderbilt Canal.
3
Agenda Item No. 17C
April 26, 2005
Page 43 of 60
Natural ground elevation varies from 12.3 to 13.2 NGVD; average site elevation
is about 12.6 NGVD. The entire site is located within FEMA Flood Zone IXl3vith
no base flood elevation specified.
The water management system of the Project will include the construction of a
perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood
stage. Water quality pretreatment will be accomplished by an on-site lake
system prior to discharge south into the Vanderbilt Canal or discharge north into
the Black Bear Ridge Subdivision water management system and eventual
southerly discharge into the Vanderbilt Canal.
The water management system will be permitted by the South Florida Water
Management District (SFWMD) through the Environmental Resource Permit
process. All rules and regulations of SFWMD will be imposed upon this Project
including, but not limited to: storm attenuation with a peak discharge rate per
Collier County and SFWMD Rules, minimum roadway centerline, perimeter berm
and finished floor elevations, water quality pre-treatment, and wetland hydrology
maintenance.
Per the Natural Resource Conservation Service Soils Mapping for Collier County
dated January 1990, the soil type found within the limits of the property is #2 0
Holopaw Fine Sand, Limestone Substratum.
Site vegetation consists predominantly of improved pasture grasses, except a
narrow strip of native vegetation along the north property line which is pine-
cypress-cabbage palm forest.
1.6 PROJECT DESCRIPTION
The Carolina Village Mixed Use PUD is a project comprised of 15.88 acres
designated for commercial and residential land uses and the commercial uses
are limited to a maximum of 150,000 square feet of gross leasable area and the
residential land uses are limited to a maximum of 64 dwelling units. All
residential dwelling units shall be located in mixed-use buildings with commercial
uses situated on at least the first floor. Commercial and residential land uses and
signage are designed to be harmonious with one another in a natural setting by
using common architecture, quality screening/buffering, and native vegetation,
whenever feasible.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "Carolina Village Mixed Use
Planned Unit Development Ordinance".
4
Agenda Item No. 17C
April 26, 2005
Page 44 of 60
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project
plan of development, relationships to applicable County ordinances, the
respective land uses of the tracts included in the project, as well as other project
relationships.
2.2 GENERAL
A. Regulations for development of the Carolina Village Mixed Use PUD shall
be in accordance with the contents of this document, MPUD OMixed Use
Planned Unit Development District and other applicable sections and parts
of the Collier County Land Development Code and Growth Management
Plan in effect at the time of building permit application. Where these
regulations fail to provide developmental standards, then the provisions of
the most similar district in the Land Development Code shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as
the definitions set forth in the Collier County Land Development Code in
effect at the time of building permit application.
C. All conditions imposed and graphic material presented depicting
restrictions for the development of the Carolina Village Mixed Use PUD
shall become part of the regulations, which govern the manner in which
the MPUD site may be developed.
D. Unless modified, waived or excepted by this MPUD the provisions of other
land development codes where applicable remain in full force and effect
with respect to the development of the land which comprises this MPUD.
E. Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Division 6.02 Adequate Public
Facilities Requirements of the Collier County Land Development Code at
the earliest, or next, to occur of either Final Site Development Plan
approval, Final Plat approval, or building permit issuance applicable to this
development.
2.3 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES
Commercial uses are limited to 15.88 acres with a maximum of 150,000 square
feet of gross leasable area and residential uses are limited to a maximum of 64
dwelling units and must be located on the second and/or third floors of mixed-use
5
Agenda Item No. 17C
Apríl 26, 2005
Page 45 of 60
buildings with commercial uses on at least the first floor. Carolina Village Mixed
Use PUD is intended to create a pedestrian-friendly atmosphere that encourages
area residents to work and shop there and on-site workers to walk to other
services, such as having lunch within the project.
The maximum of 64 residential units will not exceed a density of 4.03 units/per
acre.
The project is shown as 2 tracts, a !9orth TractDocated north of Carolina Way
(the east-west roadway splitting the site) and a !:south TractDocated south of
Carolina Way. The South Tract is expected to be more retail-oriented with a sit-
down restaurant, a bank, and a few residential uses. The North Tract is
expected to be more office and service-oriented. The North Tract will likely have
both medical and professional offices and some residential uses.
2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or
part of the MPUD, final plans of all required improvements shall receive
approval of the appropriate Collier County governmental agency to insure
compliance with the PUD Master Plan, the Collier County Subdivision
Code and the platting laws of the State of Florida.
B. Exhibit "An, PUD Master Plan, constitutes the required PUD Development
Plan. Subsequent to or concurrent with PUD approval, a Preliminary
Subdivision Plat if applicable shall be submitted for the entire area
covered by the PUD Master Plan. Any division of the property and the
development of the land shall be in compliance with the PUD Master Plan,
Division 4.03 Subdivision Design and Layout of the Land Development
Code, and the platting laws of the State of Florida.
C. The provisions of Section 10.02.03, Site Development Plans of the Land
Development Code, when applicable, shall apply to the development of all
platted tracts, or parcels of land as provided in said Section 10.02.03 prior
to the issuance of a building permit or other development order.
D. Appropriate instruments will be provided at the time of infrastructural
improvements regarding any dedications to Collier County and the
methodology for providing perpetual maintenance of common facilities.
2.5 SALES/RENTAUCONSTRUCTION FACILITIES
Temporary sales/rental trailers and construction trailers can be placed on the site
after Site Development Plan approval and prior to the recording of Subdivision
Plats, subject to the other requirements of Section 5.04.04 of the Land
Development Code.
6
"."..__.,-,~.__..,
Agenda Item No. 17C
April 26, 2005
Page 46 of 60
2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the PUD as provided in the Collier County Land
Development Code, Section 10.02.13E.
2.7 PROPERTY OWNERS ASSOCIATION FOR COMMON AREA MAINTENANCE
Whenever the developer elects to create land area and/or amenities whose
ownership and maintenance responsibility is a common interest to all of the
subsequent purchasers of property within said development in which the
common interest is located, that developer entity shall provide appropriate legal
instruments for the establishment of a Property Owners Association whose
function shall include provisions for the perpetual care and maintenance of all
common facilities and open space.
7
Agenda Item No. 17C
April 26, 2005
Page 47 of 60
SECTION III
MIXED USE AREA PLAN
3.1 PURPOSE
The purpose of this Section is to identify specific development standards for the
Mixed Use Areas as shown on Exhibit "A", PUD Master Plan.
3.2 GENERAL DESCRIPTION
Areas designated as Mixed Use Areas on the PUD Master Plan are intended to
provide a variety of retail uses and office uses while providing for the opportunity
of having residential uses on the second and/or third floor of mixed use buildings
that have commercial uses on at least the first floor. Commercial Areas are
limited to a maximum gross leasable area of 150,000 square feet and residential
uses are limited to a maximum of 64 dwelling units.
3.3 PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Permitted Commercial Princical Uses and Structures:
1. Amusement and Recreation Services (groups 7911, 7991, 7993
only for indoor video game arcade and indoor coin-operated
amusement machine, 7999 only for bicycle rental, ice skating rink
operation, indoor slot-car track, and miniature golf course).
2. Apparel and Accessory Stores (groups 5611 - 5699).
3. Auto Supply Stores (group 5531 only for automobile accessory
dealers and automobile parts dealers, limited to retail sales without
any installation).
4. Automobile Parking (group 7521).
5. Paint, Glass, and Wallpaper Stores (group 5231).
6. Business Services (groups 7311, 7313, 7322 - 7338, 7361, 7371 -
7379, 7384, 7389 only for service of interior decorating/design,
mapmaking, notary public, paralegal service, and Postal Service
contract stations).
7. Depository and Non-Depository Institutions (groups 6021-6199).
8
Agenda Item No. 17C
April 26, 2005
Page 48 of 60
8. Eating Places (group 5812) and Drinking Places (group 5813 only
cocktail lounges and on-premise consumption of beer, wine and
liquor, in conjunction with a restaurant.) Drinking Places are
subject to the locational restrictions described in Section 2.6.10 of
the Land Development Code.
9. Educational Services (groups 8211 - 8231 (no regional libraries).
10. Food Stores with 5,000 square feet or less of gross floor area in the
principal structure (groups 5411 - 5499).
11. General Merchandise Stores with 5,000 square feet or less of gross
floor area in the principal structure (groups 5311 - 5399).
12. Health Services (groups 8011 03049, 8082).
13. Home Furniture, Furnishings and Equipment Stores (groups 5712 -
5736).
14. Insurance Carriers, Agents, Brokers, and Services with 5,000
square feet or less of gross floor area in the principal structure
(groups 6311 - 6399,6411).
15. Legal Services (group 8111).
16. Membership Organizations (groups 8611, 8621, 8641 - 8661).
17. Miscellaneous Repair (groups 7622, 7629, 7631, 7699 but only
bicycle repair, camera repair, locksmiths, luggage repair, medical/
dental instrument repair, musical instrument repair, piano repair,
saw/knife sharpening service, and custom picture framing).
18. Miscellaneous Retail (groups 5912, 5921, 5932 (antiques only),
5941 - 5949, 5961, 5962, 5992 - 5999 (except auction rooms,
awning shops, fireworks, gravestones, hot tubs, monuments, sales
barns, swimming pools, tombstones and whirlpool baths). (The
sale of swimming pool accessories and supplies is allowable under
5999, but not the sale of swimming pools.)
19. Motion Picture Theaters and Video Tape Rental (groups 7832 and
7841) .
20. Museums and Art Galleries (group 8412).
9
Agenda Item No. 17C
April 26, 2005
Page 49 of 60
21. Personal Services (group 7212 dry-cleaning and laundry pickup
stations only, 7221 - 7291,7299 (only car title and tag service, diet
workshops, tuxedo rental, massage parlor, and tanning salon).
22. Professional Offices, Research, and Management Consulting
Services (groups 8711 - 8743,8748).
23. Public Administration (groups 9111 - 9199, 9229, 9311, 9411 0
9451, 9511 [1)532, 9611 [1)661, 9221).
24. Real Estate Agents and Managers (groups 6512,6531 - 6552).
25. Security and Commodity Dealers (groups 6211 -6289).
26. Social Services (groups 8322 (only adult day care services,
counseling services, and senior citizens associations), 8351).
27. Travel Agencies (group 4724).
28. Any other use which is comparable in nature with the foregoing list
of permitted principal and the accessory uses by the Board of
Zoning Appeals (BZA).
B. Permitted Residential Princical Uses and Structures:
1. Multi-family dwellings.
2. Any other use which is comparable in nature with the foregoing list
of permitted principal and the accessory uses by the Board of
Zoning Appeals (BZA).
C. Accessory Commercial Uses:
1. Uses and structures that are accessory and incidental to the
Permitted Uses within this PUD Document.
2. Drinking Places (group 5813 only cocktail lounges and on-premise
consumption of beer, wine, and liquor in conjunction with a
restaurant.)
3. Caretaker's residences subject to Section 5.03.05 of the Collier
County Land Development Code.
D. Accessorv Residential Uses:
10
Agenda Item No. 17C
April 26, 2005
Page 50 of 60
1. Customary residential accessory uses and structures including
carports, garages, and storage buildings.
2. Recreational uses and facilities including swimming pools, hot tubs,
volleyball courts, childrenlšl playground areas, tot lots, walking
paths, picnic areas, clubhouse, verandahs, and basketball/shuffle
board courts.
3. Managerlšl residences and offices, temporary sales trailers, and
model units.
4. Gatehouse.
5. Essential services, including interim and permanent utility and
maintenance facilities.
6. Carports are permitted within parking areas.
3.4 DEVELOPMENT STANDARDS
A. Table I sets forth the development standards for land uses within the
Carolina Village Mixed Use PUD. Front yard setbacks in Table I shall be
measured as follows:
1. If the parcel is served by a public or private right-of-way, the
setback is measured from the adjacent right-of-way line.
2. If the parcel is served by a non-platted private drive, the setback is
measured from the back of curb or edge of pavement. If the parcel
is served by a platted private drive, the setback is measured from
the road easement or property line.
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Agenda Item No. 17C
April 26, 2005
Page 51 of 60
TABLE I
MIXED USE DEVELOPMENT STANDARDS
STANDARDS
Minimum lot Area
Minimum lot Width
Front Yard Setback
Side Yard Setback (2)
1 Story
2 Story
3 Story
Rear Yard Setback
Principal Structure
Accessory Structure
PUD Boundary Setback
Principal Structure
Accessory Structure
lake Setback (3)
Preserve Area Setback
Principal Structure
Accessory Structures or Other Site
Alterations
Distance Between Structures
MainlPrincipal
1-Story to 1-Story
1-Story to 2-Story
2-Story to 2-Story
2-Story to 3-Story
3-Story to 3-Story
Accessory Structures
Maximum Heiaht: (4)
Retail Building
Office Building
Mixed-Use Building (4)
Accessory Building
Minimum Floor Area
COMMERCIAL USES
10,000 Sq. Ft.
75c¡11 )
200
60
7.5'
100
150
100
RESIDENTIAL USES
SCU on First Floor
SCU on First Floor
SCU on First Floor
SCU on First Floor
SCU on First Floor
SCU on First Floor
SCU on First Floor
10'
BH
10Cir buffer width
20Còr 00
250
100
BH
10Ubr buffer width
20Còr 00
250
100
12'
13.5'
150
17.50
200
Same as principal structure
120
13.50
150
17.50
200
Same as principal structure
35 Lind 1 story
42Lind 3 stories
45Lind 3 stories
350
700 Sq. Ft. of principal structure
on first habitable floor
NA
NA
45' and 3 stories
350
500 Sq. Ft. per dwelling unit
(1) May be reduced on cul-de-sac lots and lots along the Inside and outside of curved streets by 25%.
(2) Where fee simple lots are created for each building unit, no side yard shall be required between
interior units of a unified principal structure, and the side yard shall be measured from the exterior wall(s)
of the unified principal structure.
(3) Lake setbacks are measured from the control elevation established for the lake. lake setbacks can
be reduced from 20Clo OCivhere a stemwall, bulkhead, or pier is constructed and the requirements of
Section 4.02.05 of the lDC are met.
(4) Retail uses are limited to the first floor of any building. Residential uses are limited to the second and
third floors of mixed-use buildings (structures with retail or office uses on the first floor and office or
residential uses on the second and third floors).
Note: "BH" refers to building height and "SCU" refers to same as the commercial use on the first floor of
the mixed-use building the residential use is located in.
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Agenda Item No. 17C
April 26. 2005
Page 52 of 60
B. Off-Street Parkino and Loadino Reauirements:
As required by Division 4.05 Off-Street Parking and Loading of the Land
Development Code in effect at the time of building permit application. Off
site parking is permitted where a shared parking facility is located within
300 feet of the building requiring such parking.
C. Bufferina Reauirements:
A minimum twenty (20) foot wide Type IDCBuft'er shall be provided along
Vanderbilt Beach Road, with the landscaping as required in Section
4.06.02 of the Collier County Land Development Code.
D. Commercial Desion Standards
The project shall meet the commercial design standards within Division
5.05.08 of the Collier County Land Development Code.
E. Deviations
1. Deviation from Land Development Code (LDC) Section 5.06.04A.6.a.-
c., in order to permit approximately half, of one double-faced sign a
maximum of 8 feet in height and 64 square feet in area, located in a
median in the road between the Wolf Creek PUD and the Carolina
Village Mixed Use PUD (labeled Pristine Drive on Exhibit !1Iijland on
the west side of the Carolina Village property line with the advertising
limited exclusively to no more than 3 residential developments within
the abutting Wolf Creek PUD. The proposed sign must meet all
vehicular safety sight distance standards for Collier County and have a
minimum 10-foot setback from the Vanderbilt Beach Road right-of-way,
as described in Section 5.06.04A.6.a. of the LDC. The proposed sign
must be externally lighted and not internally lighted. This deviation
allows a better quality sign to be constructed for the 3 residential
projects, without having the sign looking out of balance if it were
located solely on the western half of the median in the road, and also
minimizes confusion for visitors and deliveries to the 3 residential
projects.
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Agenda Item No. 17C
April 26, 2005
Page 53 of 60
SECTION IV
PRESERVE AREA PLAN
4.1 PURPOSE
The purpose of this Section is to identify specific development standards for the
Preserve Areas as shown on Exhibit "A," PUD Master Plan, as may be amended
pursuant to Section 5.3.
4.2 PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Permitted PrinciDal Uses and Structures:
1. Passive recreational areas.
2. Biking, hiking. and nature trails, and boardwalks.
3. Water management structures.
4: Native preserves and wildlife sanctuaries.
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Agenda Item No. 17C
April 26, 2005
Page 54 of 60
SECTION V
DEVELOPMENT COMMITMENTS
5.1 PURPOSE
The purpose of this Section is to set forth the commitments for the development
of this project.
5.2 GENERAL
All facilities shall be constructed in strict accordance with Final Site Development
Plans, Final Subdivision Plans and all applicable State and local laws, codes,
and regulations applicable to this MPUD, in effect at the time of building permit
application. Except where specifically noted or stated otherwise, the standards
and specifications of the Collier County Land Development Code shall apply to
this project even if the land within the MPUD is not to be platted. The developer,
his successor and assigns, shall be responsible for the commitments outlined in
this document.
The developer, his successor or assignee, shall follow the PUD Master Plan and
the regulations of this MPUD as adopted and any other conditions or
modifications as may be agreed to in the rezoning of the property. In addition,
any successor in title or assignee is subject to the commitments within this
Agreement.
5.3 PUD MASTER PLAN
A. Exhibit "A", PUD Master Plan illustrates the proposed development and is
conceptual in nature. Proposed tract, lot or land use boundaries or special
land use boundaries shall not be construed to be final and may be varied
at any subsequent approval phase such as Final Platting or Site
Development Plan approval. Subject to the provisions of Section
10.02.13E. of the Collier County Land Development Code, amendments
may be made from time to time.
B. All necessary easements, dedications, or other instruments shall be
granted to insure the continued operation and maintenance of all service
utilities and all common areas in the project.
5.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT
A Site Development Plan shall be submitted per County regulations in effect at
time of site plan submittal. The project is expected to be completed in one (1) or
two (2) phases.
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Agenda Item No. 17C
Apríl 26, 2005
Page 55 of 60
A. The landowners shall proceed and be governed according to the time
limits pursuant to Section 1 0.02.13D. of the Land Development Code. The
third anniversary date of this MPUD shall be computed from the earlier of
October 1, 2007 or the substantial completion (new traffic lanes are open
to traffic) of the 6-laning projects on both Collier Boulevard, between
Immokalee Road and Golden Gate Boulevard, and Vanderbilt Beach
Road, between Logan Boulevard and Collier Boulevard.
B. Monitorina Recort: An annual monitoring report shall be submitted
pursuant to Section 10.02.13F. of the Collier County Land Development
Code.
5.5 ENGINEERING
A. This project shall be required to meet all County Ordinances in effect at
the time final construction documents are submitted for development
approval.
B. Design and construction of all improvements shall be subject to
compliance with appropriate provisions of the Collier County Land
Development Code, Division 4.03 Subdivision Design and Layout.
5.6 WATER MANAGEMENT
A. A copy of the South Florida Water Management District (SFWMD) Surface
Water Permit Application shall be sent to Collier County Development
Services with the SDP submittal.
B. A copy of the SFWMD Surface Water Permit, SFWMD Right-of-Way
Permit, and SFWMD Discharge Permit shall be submitted prior to Final
Site Development Plan Approval.
C. An Excavation Permit will be required for any proposed lake(s) in
accordance with Collier County and SFWMD rules.
D. Lake setbacks from the perimeter of the MPUD may be reduced to twenty-
five (25) feet where a six (6) foot high fence or suitable substantial barrier
is erected.
5.7 UTILITIES
A. Water distribution, sewage collection and transmission and interim water
and/or sewage treatment facilities to serve the project are to be designed,
constructed, conveyed, owned and maintained in accordance with Collier
County Ordinance No. 88-76, as amended, and other applicable County
rules and regulations.
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Agenda Item No. 17C
April 26, 2005
Page 56 of 60
5.8 TRAFFIC
A. All traffic control devices, signs, pavement markings and design criteria
shall be in accordance with Florida Department of Transportation (FDOT)
Manual of Uniform Minimum Standards (MUMS), current edition, FDOT
Design Standards, current edition, and the Manual on Uniform Traffic
Control Devices (MUTCD), current edition. All other improvements shall
be consistent with and as required by the Collier County Land
Development Code (LDC).
B. Arterial level street lighting must be provided at all development access
points. Access lighting must be in place prior to the issuance of the first
Certificate of Occupancy.
C. Access points, including both driveways and proposed streets, shown on
the PUD Master Plan are considered to be conceptual. Nothing depicted
on any such PUD Master Plan shall vest any right of access at any
specific point along any property frontage. All such access issues shall be
approved or denied during the review of required subsequent site plan or
final plat submissions. All such accesses shall be consistent with the
Collier County Access Management Policy (Res. 01-247), as it may be
amended from time to time, and with the Collier County Long-Range
Transportation Plan. The number of access points constructed may be
less than the number depicted on the PUD Master Plan; however, no
additional access points shall be considered unless a PUD Amendment is
processed.
D. Site-related improvements (as opposed to system-related improvements)
necessary for safe ingress and egress to this project, as determined by
Collier County, shall not be eligible for impact fee credits. All required
improvements shall be in place and available to the public prior to the
issuance of the first Certificate of Occupancy.
E. Road Impact Fees shall be paid in accordance with Collier County D
Ordinance 01-13, as amended.
F. All work within Collier County rights-of-way shall require a Right-of-Way
Permit.
G. All proposed median openings shall be in accordance with the Collier
County Access Management Policy (Resolution 01-247), as amended,
and the LDC, as it may be amended. Collier County reserves the right to
modify or close any median openings existing at the time of approval of
this MPUD which is found to be adverse to the health, safety and welfare
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Agenda Item No. 17C
April 26, 2005
Page 57 of 60
of the public. Any such modifications shall be based on, but are not
limited to, safety, operational circulation, and roadway capacity.
H. Nothing in any development order shall vest a right of access in excess of
a right-In/right-out condition at any access point. Neither will the existence
of a point of ingress, a point of egress or a median opening, nor the lack
thereof, shall be the basis for any future cause of action for damages
against Collier County by the developer, its successor in title, or assignee.
I. All internal roads, driveways, alleys, pathways, sidewalks, and
interconnections to adjacent developments, with possible exceptions for
Buckstone Drive and Pristine Drive, shall be operated and maintained by
an entity created by the developer and Collier County shall have no
responsibility for maintenance of any such facilities.
J. If any required turn lane improvement requires the use of existing County
right-of-way or easement, compensating right-of-way, shall be provided
without cost to Collier County as a consequence of such improvement.
K. If in the sole opinion of Collier County, a traffic signal, or other traffic
control device, sign or pavement marking improvement within a public
right-of-way or easement is determined to be necessary, the cost of such
improvement shall be borne by the developer and by neighboring property
owners within the shared road agreement, and shall be paid to Collier
County before the issuance of the first Certificate of Occupancy.
L. Adjacent developments have been designed to provide shared access or
interconnections with this development. The PUD Master Plan indicates
these locations. The developer, or assigns, shall assure that any such
shared access or interconnection is utilized and shall accommodate the
perpetual use of such access by incorporating appropriate language into
the development covenants or plat.
M. The developer shall provide a copy of a shared road agreement for both
Pristine Drive and Buckstone Drive and documentation showing that he
has made any required [Jitir-shareDpayments on each prior to the
issuance of the first Certificate of Occupancy.
N. The project may commence construction of infrastructure, site work, and
buildings upon receiving all applicable permits, however Certificates of
Occupancy for any buildings shall not be issued until the earlier of October
1, 2007 or until the substantial completion (new traffic lanes are open to
traffic) of the 6-laning projects of both Collier Boulevard, between
Immokalee Road and Golden Gate Boulevard, and Vanderbilt Beach
Road, between Logan Boulevard and Collier Boulevard.
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Agenda Item No. 17C
April 26, 2005
Page 58 of 60
5.9 PLANNING
A. Pursuant to Section 2.03.07E. of the Land Development Code, if during
the course of site clearing, excavation or other construction activity a
historic or archaeological artifact is found, all development within the
minimum area necessary to protect the discovery shall be immediately
stopped and the Collier County Code Enforcement Department contacted.
5.10 ENVIRONMENTAL
A. Environmental permitting shall be in accordance with the State of Florida
Environmental Resource Permit Rules and be subject to review and
approval by Environmental Services Staff.
B. All conservation/preservation areas shall be designated as Preserve on all
construction plans, and shall be recorded on the plat as a separate tract or
easement with protective covenants per or similar to Section 704.06 of the
Florida Statutes. Preserve areas shall be dedicated on the plat to the
projectlSJ homeowners association or like entity for ownership and
maintenance responsibilities and to Collier County with no responsibility
for maintenance. Buffers shall be provided in accordance with Section
3.05.07 of the Collier County Land Development Code.
In the event the project does not require platting, all conservation areas
shall be recorded as conservation/preservation tracts or easements
dedicated to Collier County with no responsibility for maintenance and
subject to the uses and limitations similar to or as per Section 704.06 of
the Florida Statutes.
C. An exotic vegetation removal, monitoring, and maintenance (exotic-free)
plan for the site, with emphasis on the conservation/preservation areas,
shall be submitted to Current Planning Environmental Staff for review and
approval prior to Final Site Development Plan/Construction Plan approval.
D. Any perimeter berms, shall be entirely outside of all upland and wetland
preserve areas.
E. A minimum of 0.17 acres of native vegetation shall be preserved on-site,
including all 3 strata, and emphasizing the largest contiguous area
possible. If created preserves will be used to make up any of the acreage,
the landscape plans shall re-create the native plant community (in
accordance with Section 3.05.07 of the Collier County Land Development
Code) shall be submitted with the First Development Order submittal for
review and approval.
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Agenda Item No. 17C
April 26, 2005
Page 59 of 60
F. All Category I invasive exotic plants, as defined by the Florida Exotic Pest
Plant Council, shall be removed from within preserve areas and
subsequent annual removal of these plants (in perpetuity) shall be the
responsibility of the property owner.
G. A Preserve Area Management Plan shall be provided to Environmental
Staff for approval prior to site/construction plan approval identifying
methods to address treatment of invasive exotic species, fire
management, and maintenance.
H. This MPUD shall be consistent with the Environmental Section of the GMP
Conservation and Coastal Management Element and the Land
Development Code at the time of final development order approval.
I. This MPUD shall comply with the guidelines of the USFWS and FFWCC
for impacts to protected species. A Habitat Management Plan for those
species shall be submitted to environmental review staff for review and
approval prior to Site Plan approval.
J. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be
submitted prior to final Site Plan/Construction Plan approval.
5.11 ACCESSORY STRUCTURES
Accessory structures shall be constructed simultaneously with or following the
construction of the principal structure except for a temporary construction site
office or temporary sales/rental facility.
5.12 SIGNS
Signs for this mixed use project shall be permitted as described in Section 5.06
of the Collier County Land Development Code.
5.13 LANDSCAPING FOR OFF-STREET PARKING AREAS
All landscaping for off-street parking areas shall be in accordance with Chapter 4
of the Collier County Land Development Code in effect at the time of building
permit application.
5.14 POLLING PLACES
Pursuant to Section 4.07.06 of the Land Development Code provision shall be
made for the future use of building space within common areas for the purposes
of accommodating the function of an electoral polling place.
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Agenda Item No. 17C
April 26, 2005
Page 60 of 60
An agreement recorded in the official records of the Clerk of the Circuit Court of
Collier County, which shall be binding upon any and all successors in interest
that acquire ownership of such common areas including, but not limited to:
condominium associations, homeowners associations, or tenants associations.
This agreement shall provide for said community recreation/public building/public
room or similar common facility to be used for a polling place if determined to be
necessary by the Supervisor of Elections.
21