Loading...
Agenda 06/28/2005 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS tt ~- AGENDA June 28, 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. Page 1 of 11 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) B. May 24, 2005 - BCC/Regular Meeting C. June 7,2005 - BCC/Beach Access Workshop D. June 7, 2005 - BCC/Cycle 12004 Adoption E. June 8, 2005 - BCC/Legislative Workshop 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 25 Year Attendees 1. Ron Jamro, Museum B. 30 Year Attendees 1. Luz Pietri, Library 4. PROCLAMATIONS A. Proclamation to designate June 28,2005 as National HIV Testing Day. To be accepted by Scott Tims, HIV Program Director for the Collier County Health Department. B. Proclamation recognizing participation of members of the United States Military and urge all citizens, community businesses, service clubs and schools to become involved and support our men and women in the Armed Services and celebrate Independence Day 2005. Proclamation to be accepted by John Veit, Parks and Recreation Department. C. Proclamation recognizing June 13-19,2005 as Mote Marine Laboratory Week. D. Proclamation designating July 6, 2005 as Austin Gray Day to be accepted by Dianne Gray (Austin Gray's mother). 5. PRESENTATIONS A. Presentation of the Advisory Committee Outstanding Member Award to Mark Morton of the Smart Growth Advisory Committee. B. Recommendation to recognize Chuck Diehl, Telecommunications Analyst, Administrative Services Division, as Employee of the Month for June 2005. 6. PUBLIC PETITIONS A. Public Petition request by Beth Nelson to discuss exemption to the LDC as requested by a developer. B. Public Petition request by Tari Harris to discuss the hanging of "Front Porch Community" signs in Immokalee. Page 2 of 11 Item 7 and 8 to be heard no sooner than 1 :00 p.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. PE-2005-AR-7123: Michael Miceli, owner, requesting a parking exemption to allow off-site parking on a lot that is not commercially zoned, and to allow two or more permitted uses to utilize the same or a portion of the same required parking, pursuant to the proposed Subsection 4.05.02.K.3. The subject 0.99-acre property is located at 4600 Gulf Stream Drive, in Section 18, Township 50 South, Range 26 East, Collier County, Florida. 8. ADVERTISED PUBLIC HEARINGS A. It is recommended this item be continued to the July 26,2005 BCC Meeting. Recommendation to approve an Ordinance of the Board of County Commissioners of Collier County, Florida, amending Chapter 74 of the Code of Laws and Ordinances, as amended by Ordinance No. 2001-13 (The Collier County Consolidated Impact Fee Ordinance, as amended), repealing a portion of §74-201, and replacing same in §74-401(a); amending Article IV pertaining to the affordable housing provisions to eliminate provisions for waiver of impact fees; establishing a ceiling on the amount of impact fee deferrals; reorganizing provisions in Articles II and IV relating to affordable housing for clarity; providing for conflict and severability; providing for inclusion in the Code of Laws and Ordinances; and providing for an effective date. B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2004-AR-6965, Kelly Michele Smith, Project Planner for Davidson Engineering, Inc., representing Florida Homes of Collier County, Inc., requests Section 2.04.03 of the Collier County Land Development Code of the Estates Zoning District for the purpose of a model home sales center. The property to be considered for the Conditional Use is located at 12815 and 12825 Collier Boulevard being located at the Northwest corner of 13th Avenue S.W. and Collier Boulevard (C.R. 951), which is Unit 26, Tract 118, Golden Gate Estates, in Section 15, Township 49 South, Range 26 East, Collier County Florida. This property consists of 5 acres. C. This item was continued from the April 26, 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. D. This item was continued from the June 14, 2005 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. RZ- 2003-AR-4961 Southern Development Company, Inc. represented by Jeff L. Davidson, P.E., of Davidson Engineering, Inc., requesting a rezoning from "A" Rural Agricultural and "C-2ST" Commercial Convenience with a Special Treatment overlay zoning districts to "C-3" Commercial Intermediate zoning district for property known as Home Center Plaza located East of the US 41 and SR 951 intersection, further described in Section 3, Township 51 South, Range 26 East, Collier County, Florida. This property consists of 6.07+ acres. Page 3 of 11 _.__..,,___n E. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2004-AR-6919: Habitat for Humanity of Collier County, Inc. and Eugene U. Frey, represented by Coastal Engineering Consultants, Inc. requesting a rezone from the RSF-5(3) zoning district to the Residential Planned Unit Development (RPUD) zoning district for a project to be known as the Regal Acres PUD to allow for a maximum of 184 residential units; and, consideration and approval of an affordable housing density bonus agreement authorizing the developer to utilize affordable housing bonus density units (in the amount of 74 units at 2.0 bonus density units per acre) in the development of this project for low-income residents that will designate 100 percent of the units as Affordable Housing units. The subject property, consisting of 36.75 acres, is located on the west side of Greenway Road, east of Collier Boulevard (C.R. 951), and north of U.S. 41. The subject property is located within Section 12, Township 51 South, Range 26 East, Collier County, Florida. 9. BOARD OF COUNTY COMMISSIONERS A. Recommendation to declare a vacancy on the Public Vehicle Advisory Committee. B. Appointment of member to the Bayshore Beautification MSTU Advisory Committee. C. Appointment of member to the Collier County Code Enforcement Board. D. Appointment of member to the County Government Productivity Committee. E. Appointment of member to the Ochopee Fire Control District Advisory Committee. F. A resolution of the Board of County Commissioners of Collier County declaring a public purpose for the solicitation of donations and the receipt of donations to construct a Freedom Memorial for Collier County in accordance with the action of the Board of County Commissioners at its regularly scheduled April 26, 2005 meeting. (Commissioner Coyle) 10. COUNTY MANAGER'S REPORT A. Recommendation to approve Johnson Engineering, Inc. as a qualified firm and award a contract under ITQ 04-3583 "CEI Services for Collier County Road Projects" for Project No. 60018 "Immokalee Road Project from Collier Blvd. to 43rd Ave. N.E." in the amount of $1,089,810.74. (Norman Feder, Administrator, Transportation Services) B. This item to be heard at 11 :30 a.m. Recommendation to approve the Major Transit Development Plan Update, FY 2006-2010. (Norman Feder, Administrator, Transportation Services) C. This item to be heard at 5:00 p.m. and will be the last item heard on this day. (Tuesday, June 28, 2005) Recommendation that the Board of County Commissioners approve multiple road corridor alignment concepts in the North Belle Meade area for long range planning purposes, and also approve multiple corridors to be used in the short term as truck haul routes. (Norman Feder, Administrator, Transportation Services) D. Recommendation to award a construction contract in the amount of $15,800,000 to John Carlo, Inc. for capacity improvements to Goodlette-Frank Road, from Golden Gate Parkway to Pompei Lane, Project No. 60005, Bid No. 05-3851. (Norman Feder, Administrator, Transportation Services) E. Recommendation to approve a budget amendment recognizing $1,887,984 in grant revenue from the Florida Communities Trust as reimbursement for the purchase of the Barefoot Beach Outparcel, appropriating $300,000 to fulfill requirements of the grant and appropriating the balance to fund capital elements of beach access projects. (Marla Ramsey, Administrator, Public Services) Page 4 of 11 F. Recommendation to approve a Developers Contribution Agreement with Wal-Mart/Gateway, WCI Communities, Inc., and Stonebreak Homes LLC AKA Rimar to design, permit and construct roadway and intersection improvements on SR 951, the intersection of US 41/SR 951 and SR 951 north of Henderson Creek to approximately 1300' north of US 41. (Norman Feder, Administrator, Transportation Services) G. Discuss status of FEMA Floodplain Mapping Project and options regarding the Federal Emergency Management Agency (FEMA) Letter of Final Determination (lFD) dated May 17, 2005 to Collier County officially notifying the County that FEMA now considers the Base (1% Annual Chance) Flood elevations (BFEs) on the preliminary Flood Insurance Rate Maps (FIRM) and Flood Insurance Study (FIS) Report to be final (Joseph K. Schmitt, Administrator, Community Development) Companion to Item 12A. H. Recommendation to award Bid #05-3833 to Encore Construction Company for the North County Regional Water Treatment Plant (NCRWTP) Appurtenances for Mid Hawthorn Zone 1 Wells 114N, 115N, and 116N, in the amount of $1,690,000, Project Number 710111. (Jim Delony, Administrator, Public Utilities) J. Recommendation to approve the necessary Budget Amendment and award Bid #05-3807 to D.N. Higgins, Inc. for the Construction of Wells 35 and 36, in the amount of $954,720, Project Number 701582. (Jim DeLony, Administrator, Public Utilities) J. Recommendation to approve a budget amendment in the Amount of $4,000,000 to initiate a new Public Utilities project to Design and Construct a failing water main on US 41 from Rattlesnake Hammock Road to Barefoot Williams Road Project 71059 (User Fees). (Jim DeLony, Administrator, Public Utilities) K. Recommendation that the Board of County Commissioners approve a draw of $27,000,000 against a previously approved Local Government Pooled Commercial Paper Program Loan Agreement; designating the Chairman of the Board of County Commissioners to be the authorized signor of the draw agreement. (Jim DeLony, Administrator, Public Utilities) l. Recommendation to approve the Environmental Impact Statement (EIS) with staff's recommendations associated with the Final Plat and Construction Plans (PPL) for AR# 6399 (3500 Corporate Plaza, Kraft Construction) (Joseph K. Schmitt, Administrator, Community Development) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY A TIORNEY'S REPORT A. Discussion of FEMA Alternatives / Direction. Companion to Item 10G. B. Notice is hereby given that pursuant to Section 286.011 (8), Fla. Stat., the Board of County Commissioners will meet in executive (closed attorney-client to be heard at 12:00 noon) session on TUESDAY, June 28, 2005, in the Commission conference room, 3rd Floor, W. Harmon Turner Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The Board in executive session will discuss: Settlement proposalllitigation expense issues of the pending litigation case of Collier County v. Lexington Insurance Company, Case No. 2:05-cv-216·FtM-33SPC, now pending in the United States District Court for the Middle District of Florida, Fort Myers, Florida. C. This item to be heard at 1 :00 p.m. Discuss Settlement Offer from Lexington Insurance Company in reference to Collier County v. Lexington Insurance Company, Case No. 2:05·cv- 216-FtM-33SPC, now pending in the United States District Court for the Middle District of Florida, Fort Myers, Florida and give direction to County Attorney regarding the litigation. Page 5 of 11 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS .....----...-........----...----.....--..---.....---......---...------------..---------...----..........--......----...---...-......--.......--.....--------...----....-------------...--------------------- 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. --..----.......................-...----------...-----------..--------...--..............------..----...---...---..........-..............--..---...--------..---.....---..-----------------..............----........- A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1. Recommendation to approve the Lien Resolutions for the abatements of public nuisances in accordance with Ordinance 99-51, as amended. 2. Recommendation to approve an amendment to the Arbor View Apartments' agreement authorizing an affordable housing density bonus and imposing covenants and restrictions on the real property. 3. Recommendation to approve for recording the final plat of "Ashton Place", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security 4. Recommendation to approve a request for reimbursement and declare an educational workshop as serving a valid public purpose. B. TRANSPORTATION SERVICES 1. Recommendation to rescind the award of bid #05-3830 U.S. 41 East (Rattlesnake Hammock to St. Andrews Blvd.) landscape and irrigation installation to Hannula Landscaping due to utility renovation. 2. Recommendation to authorize staff to approve one (1) Work Order (in the amount of $51,650) for Professional Design Services related to a LAP Reimbursement Agreement Project titled "Sidewalks - Various Locations". 3. Recommendation to approve County budget amendment to reflect the award of a $1 million loan from the State's Toll Facilities Revolving Trust Fund to the Collier MPO for the SS Jolley Bridge Toll Feasibility Study. 4. The purchase of one(1) 20 cu.yd. Dump Truck for the replacement of 02015916 cu. yd. Dump Truck that was totaled in a vehicular accident on May 17, 2005. Total replacement cost for new dump truck $91,225.00. C. PUBLIC UTILITIES 1. Recommendation to approve, execute and record Satisfactions for certain Water and/or Sewer Impact Fee Payment Agreements. Fiscal impact is $58.50 to record the Satisfactions 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 1992 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. Page 6 of 11 - 3. 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 1993 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. 4. 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 1994 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. 5. 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 1995 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. 6. 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 1996 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. 7. Recommendation to approve execution of a Mutual Aid Agreement between the Collier County Water-Sewer District and other FlaWARN participating Utilities. 8. Recommendation to approve necessary Budget Amendments to Transfer Wastewater Department Funds from County Water-Sewer Operating Fund 408 to Fund 518, (in the amount of $37,107.68) Risk Management for the purpose of cost sharing in the purchase of a Gas Monitor System for the Water, Wastewater and Risk Management Departments. 9. Recommendation to accept Rights-of-Entry and Utility Easements from two property owners required for the construction of a 16-inch reclaimed water main along the southerly side of Davis Boulevard for Radio Road/Davis Boulevard Reclaimed Water Main Project Number 740351, at a cost not to exceed $1,000. 10. Recommendation to adopt a Resolution approving execution of a Lot Line Adjustment Affidavit pertaining to the County and Robert G. France and to approve the statutory exchange of property that together will provide the County with the necessary lands in fee and easement ownership required to make an existing site for proposed raw water wells viable and that would have the desired effect of eliminating an existing encroachment by Mr. France's private property onto public lands. 11. Recommendation to adopt a Resolution approving Special Assessment Hardship Deferrals for certain Sewer Special Assessments for the 2005 tax year. The fiscal impact is $18.50 to record the Resolution. 12. Recommendation to approve a change order in the amount of $32,030.00 to Work Order # HM-FT-02-01 with Hole Montes, Inc. for professional engineering services related to installation of a 16-inch reclaimed water system interconnect from Radio Road to Davis Boulevard, Project Number 74035. 13. Recommendation to award Bid Number 05-3839 to AAA Generator & Pump, Incorporated for the purchase and delivery of four (4) generators by the Wastewater Department in the amount of $196,765 and approve a budget amendment to transfer $196,765 from Reserves to Project 73958, Purchase Generators for Lift Station Reliability. 14. Recommendation to approve; an 'nterlocal Agreement between Collier County Water Sewer District and the School Board of Collier County for the re-routing of the Lely High School Force Main, an Amendment to Work Order HM-FT -04-01, Contract 00-3119 with Hole Montes in the amount of $42,400, and a budget amendment in the amount of $398,000 for the SCWRF Reliability Improvements Project, 72508. Page 7 of 11 15. Recommendation to approve the necessary Budget Amendment and authorize the Public Utilities Engineering Director to execute Work Order MPI-FT -05-03 for project management assistance and oversight in an amount not to exceed $85,000 during upgrades and modifications to the Lime Softening Water Treatment Plant Process at the South County Regional Water Treatment Plant, Project 700571. 16. Recommendation to approve Work Order # UC-113 with Mitchell & Stark Construction Company, Inc. in the amount of $694,300.00 for construction of fire and irrigation water system improvements at Bay Colony Shores in Pelican Bay, Project Number 74023. 17. Recommendation to approve Work Order # UC-114 with Mitchell & Stark Construction Company, Inc. in the amount of $230,500.00 for construction of fire and irrigation water system improvements at Georgetown in Pelican Bay, Project Number 74023. 18. Recommendation to award Contract 05-3831 "FEMA Acceptable Monitoring of Disaster Generated Debris Management" to three (3) firms. Annual cost will be dependent on the number and severity of the disaster events occurring eligible for FEMA reimbursement during the fiscal year. 19. Recommendation that the Board Approve the Cooperative Purchase from Hillsborough County to retain services of Public Resources Management Group (PRMG) in the estimated annual amount of $500,000 to provide consulting services and analysis for Utility Rate Study Updates, Impact Fee Study Updates, Development of Bulk Service Rates and other necessary utility related financial consulting services. 20. Recommendation to approve a budget amendment to transfer $417,999 from Fund (408) Reserve for Contingencies to cover unanticipated expenses in the Water Distribution Cost Center. D. PUBLIC SERVICES 1. Recommendation to award Work Order #PBS-02-46 in the amount of $82,378 to PBS, Inc. for replacement of the docks at Cocohatchee River Park. 2. Recommendation to approve a Limited Use License Agreement between the Board of County Commissioners and the Naples Junior Chamber of Commerce, Inc., approving use of specified county-owned property for conducting a July 4th Fireworks Festival. 3. Recommendation to approve purchase and installation of playground equipment for Vineyards Community Park and Immokalee Community Park from Piazza, Inc. in an amount not to exceed $140,000 4. Recommendation to approve budget amendments in the amount of $202,000 for the Older Americans Act Nutrition program and authorize the Chairman to sign the agreement between Collier County Board of County Commissioners and Senior Connections of Southwest Florida to provide nutrition services. 5. Recommendation to approve a budget amendment in the amount of $6,074 to ensure continuous funding of the Home Care for the Elderly grant. 6. Recommendation to approve a budget amendment in the amount of $614,132 to ensure continuous funding of the Community Care for the Elderly grant. 7. Recommendation to approve budget amendments in the amount of $105,706 to ensure continuous funding of the Alzheimer's Disease Initiative grant. 8. Recommendation to approve a budget amendment in the amount of $63,549 to ensure continuous funding of the Older Americans Act grant in the Human Services Department. 9. Recommendation to apply to the Florida Department of Health for a Primary Care Children and Families Challenge Grant in the amount of $154,500 to expand primary care at the Horizon's Clinic. Page 8 of 11 10. Recommendation to approve a budget amendment in the amount of $409,600 to fund payment to the City of Naples under the Interlocal Agreement for Reciprocal Beach Parking. E. ADMINISTRATIVE SERVICES 1. Recommendation to award Bid # 05-3827 "Temporary Laborers" to Tandem Staffing, Able Body Labor and Pacesetter Personnel Services for Collier County Work Projects. 2. Recommendation that the BCC award Bid #05-3806, Purchase of Protective Footwear to Vic's Shoe and Boot and to Safety Shoe Distributors. 3. The Board of County Commissioners award Bid #05-3853, "Small Landscape Equipment" to referenced dealerships for the products indicated on the attached Bid Matrix. Expenditures are projected at $40,000 - $50,000 annually. 4. Recommendation to utilize the contract between Pinellas County Government and CS STARS, LLC (Contract No. 034-770-P) for the purchase of a Risk Management Information System at a cost of $70,175 per year. 5. Approve Contract Amendment No.1 involving Contract #02-3371, "Fixed Term Professional Transportation Planning Consultant Services". 6. Recommendation to award RFP No. 05-3795- "Enterprise Content Management Strategy" and proceed with Phase 1 "Analysis" in the amount of $95,000.00. 7. Recommendation to extend contract 00-3090 (Indoor Air Quality Services) until a new contract is award. 8. Recommendation to approve a Third Amendment to Lease Agreement with Arnold Properties, Inc., for the continued use of garage/warehouse space by the Sheriff's Office at a total cost of $36,639.60. 9. Recommendation to authorize supplemental pay to employees who are recalled to active duty for the entire duration of their tour. 10. Recommendation to approve Amendment No.5, for Phase 2 and Phase 3 of Contract # 00- 3173 with Spillis Candela DMJM to provide Design Development and Construction Administration Services for the Courthouse Annex, floors five (5) through seven (7) in the amount of $553,920.00 F. COUNTY MANAGER 1. Recommendation to approve Tourist Development Category "C-2" Grant Application and Agreement with Naples Botanical Garden for $207,100. 2. Recommend Approval of Change Order #1 to Contract #05-3744 with Marine Contracting Group, Inc. to provide for the storage of construction equipment off the beach in the not to exceed amount of $42,300 for the Hideaway Beach Jetty and T -Groin Construction Project 90502. 3. Recommend Approval of Change Order #1 to Bid#04-3667 with Weeks Marine Inc. for additional sand placement on Hideaway Beach as part of the Hideaway Beach Re- nourishment Project 905021 in the Amount of $185,000 and four additional contract days. 4. Recommend approval for the Tourist Development Tax Category "A" 10-Year Expense and Revenue Projections as part of the budget process for Fiscal Year 2006. 5. Recommendation to approve an Agreement between Collier County and Cleveland Clinic Florida Hospital Naples Non-Profit Corporation for use of the Medical Examiner facility to conduct autopsies. 6. Recommendation to approve a budget amendment in the amount of $268,625.03 for the purchase of two replacement ambulances. Page 9 of 11 7. Recommendation that the Board of County Commissioners adopt a Resolution fixing the date, time and place for approving the Special Assessment to be levied against the properties within Pelican Bay. 8. Approval of budget amendments. 9. Recommendation to award Bid #05-3836 to Pantropic Power for the rental of generators and spot air coolers for the 2005 hurricane season at an initial cost of $18,750. 10. Recommendation to waive formal competition and approve negotiating an annual contract not to exceed $125,000 with The Ferguson Group for federal lobbying services. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1. Approve a Budget Amendment for $10,000.00 to fund costs incurred to complete the Security System for the Federal Inspection Station (U.S. Customs office) at the Immokalee Regional Airport. H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE 1. Miscellaneous Correspondence to be filed for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS K. COUNTY A TIORNEY 1. Recommendation to approve a Stipulated Final Judgment in the amount of $34,000.00 as to Parcel Nos. 162 and 762 in the lawsuit styled Collier County v. Beverly J. Gatti, et al., Case No. 03-2551-CA (Golden Gate Parkway Project 60027). (Fiscal Impact $21,448.00) 2. Recommendation that the Board of County Commissioners approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement relative to the acquisition of Parcel 187 in the lawsuit styled Collier County v. Patrick J. Murphy, et al. Case No. 03-5270-CA (Vanderbilt Beach Road Project No. 63051). Additional cost to County is $107,331.00 after credit for amount deposited. 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 WRITIEN 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. Adopt a Resolution authorizing a change to Water and Wastewater Impact Fee Schedule Two of Appendix A, Ordinance 2001-13, as amended, to correct scrivener's errors in order to correctly state the square footage range in the assessment of residential water and wastewater impact fees and to state that the minimum water impact fee is $2,760 for one (1) ERC. Page 10 of 11 B. Recommendation to adopt an Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance No. 2003-61, as amended which is Article II of Chapter 49 of the Collier County Code of Laws and Ordinances, incorporating changes to the Fee Payment Assistance Program based on direction by the Board of County Commissioners C. Recommendation to adopt an Ordinance of the Board of County Commissioners of Collier County, Florida, amending Chapter 74 of the County's Code of Laws and Ordinances, as amended by Ordinance No. 2001-13 (the Collier County Consolidated Impact Fee Ordinance, as amended), providing for an increase in both the cumulative and individual annual amount of impact fee waivers provided to charitable organizations, a maximum amount of waiver eligible to qualified applicants and the maximum amount that may be carried forward as a program balance in accordance with previous direction provided by the Board of County Commissioners D. Recommendation to adopt an ordinance amending the code of laws and ordinances of Collier County, Florida, as adopted by ordinance number 02-49 the Collier County Fire Prevention and Protection code by amending Chapter 58, Fire Prevention and Protection, Article II, fire safety standards for the unincorporated area of Collier County, by amending Section 58-26, pertaining to adopted standards and codes of the national fire codes published by the National Fire Protection Association (NFPA); amending section 58-27, pertaining to amendments to adopted fire codes, specifically NFPA 1, 2003 edition; replacing section 58-28, pertaining to amendments to the adopted life safety code, specifically NFPA 101,2003 edition; providing for the inclusion in the code of laws and ordinances; providing for conflict and severability; and providing an effective date. E. Recommendation that the Board of County Commissioners adopt an Ordinance amending Schedule Eight of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances, (The Collier County Consolidated Impact Fee Ordinance) providing for the incorporation by reference of the amended impact fee study entitled "Collier County Library Facilities and Items Impact Fee Update (with revisions in April 2005) and applying the annual indexing adjustment to reflect an increased new rate of $180.89 per one-thousand (1,000) square feet of living area for all residential land uses, and providing for a delayed effective date of August 1,2005. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 11 of 11 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING June 28.2005 Move Item 8B to 7B: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2004-AR-6965, Kelly Michele Smith, Project Planner for Davidson Engineering, Inc., representing Florida Homes of Collier County, Inc., requests Section 2.04.03 of the Collier County Land Development Code of the Estates Zoning District for the purpose of a model home sales center. The property to be considered for the conditional use is located at 12815 and 12825 Collier Boulevard being located at the Northwest corner of 13th Avenue S.W. and Collier Boulevard (C.R. 951), which is Unit 26, Tract 118, Golden Gate Estates, in Section 15, Township 49 South, Range 26 East, Collier County Florida. This property consists of 5 acres. (Staff's request.) Move Item 17 A to 16C21: Adopt a Resolution authorizing a change to Water and Wastewater Impact Fee Schedule Two of Appendix A, Ordinance 2001-13, as amended, to correct scrivener's errors in order to correctly state the square footage range in the assessment of residential water and wastewater impact fees and to state that the minimum water impact fee is $2,760 for one (1) ERC. (Staff's request.) Time Certain Items: Item 10B to be heard at 11 :30 a.m. Recommendation to approve the Major Transit Development Plan Update, FY 2006-2010. Item 12B (closed attorney-client) to be heard at 12:00 Noon: Notice is hereby given that pursuant to Section 286.011(8), Fla. Stat., the Board of County Commissioners will meet in executive session (closed attorney-client) on Tuesday, June 28, 2005, in the Commission conference room, 3rd Floor, W. Harmon Turner Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The Board in executive session will discuss: Settlement proposal/litigation expense issues of the pending litigation case of Collier County v. Lexington Insurance Company, Case No. 2:05-cv-216-FtM-33SPC, now pending in the United States District Court for the Middle District of Florida, Fort Myers, Florida. Item 12C to be heard at 1 :00 p.m. Discuss Settlement Offer from Lexington Insurance Company in reference to Collier County v. Lexington Insurance Company, Case No. 2:05-cv-216-FtM-33SPC, now pending in the United States District Court for the Middle District of Florida, Fort Myers, Florida and give direction to County Attorney regarding the litigation. Item 10C to be heard at 5:00 p.m. and will be the last item of the day. Recommendation that the Board of County Commissioners approve multiple road corridor alignment concepts in the North Belle Meade area for long range planning purposes, and also approve multiple corridors to be used in the short term as truck haul routes. Agenda Item No. 4A June 28. 2005 Page 1 of 2 PROCLAMATION _. WHEREAS, every day 8,000 lives are lost in the global AIDS pandemic. In our country, nearly 1 million people are infected with HIV and approximately 40,000 more contract it each year; and, WHEREAS, National HIV Testing Day is an opportunity for Americans to increase their awareness of this terrible disease and to get tested for HIV/AIDS. By working together to end this pandemic, our Nation's citizens contribute to a brighter future for themselves and for people around the world: and, WHEREAS, new drugs and new treatments are bringing hope and enhancing the quality of life for those who are affected by HIV/AIDS. However, these advances can only help individuals if they know their HIV status: and, WHEREAS, approximately one-quarter of people who are HIV positive do not know they are carriers. Without knowing their status, they cannot get the treatment they need and may unknowingly spread new infections; and, WHEREAS, today, testing is easier than ever. It is imperative that those at risk for HIV / AIDS get tested. .-' WHEREAS, we encourage the people of Collier County to support the battle against HIV/AIDS. We a/so urge those at risk be tested for the disease and learn more about how to end this health threat in Collier County and around the world. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that .June 28th, 2005 be designated as NA TIONAL HIV TESTING DA Y DONE AND ORDERED THIS 28th Day of .June, 2005 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN ATTEsT: DWIGHT E. BROCK, CLERK "-" Agenda Item No. 4A June 28, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 4A Meeting Date Proclamation to designate June 28, 2005 as National HIV Testing Day. To be accepted by Scott Tims, HIV Program Director for the Collier County Health Department. 6/28/20059:00:00 AM Prepared By Date Kathleen Martinson Administrative Aide to BCC 5/2512005 11: 58:59 AM Board of County Commissioners Bce Office Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 5/25/2005 2:53 PM Approved By James V. Mudd County Manager Date Board of County C ommissi oners County Manager's Office 6/10/20057:13 PM Agenda Item No. 48 June 28. 2005 Page 1 of 2 PROCLAMA TION WHEREAS, Collier County desires to acknowledge the July 4th Independence Day celebration in a befitting manner; and, WHEREAS, such a patriotic event should include representation by our country's mílítary; and, WHEREAS, members of the County Commission wish to express their personal gratitude and heartfelt thanks to each of those citizens so generous with their service; and, WHEREAS, members of the United States Mílítary Academy Band Jazz Knights and US Special Operations Command Parachute Team have accepted an invitation from Collier County to perform during the ~h of July celebration; and, WHEREAS, the first Monday in July 2005 has been designated as Independence Day. ,.,-.,... NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that it officially recognize participation of members of the United States Military and urge all citizens, community businesses, service clubs and schools to become involved and support our men and women in the Armed Services and celebrate Independence Day 2005. OONE ANO ORDEREO THIS 28th Oay of June 2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLO!<IOA FRED COYLE, CHAIRMAN A TrEST: DWIGHT Eo BROCK, CLERK .-. Item Number Item Summary Meeting Date Agenda Item No. 48 June 28, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 48 Proclamation recognizing particìpation of members of the United States Military and urge all citizens. community businesses, service clubs and schools to become involved and support our men and women in the Armed Services and celebrate Independence Day 2005 Proclamation to be accepted by John Veit, Parks and Recreation Department. 6/28/20059:0000 AM Prepared By Date Sam Tucker Board of County Commissioners Executive Aide to the BCC 6/13/2005 2:51 :22 PM Bce Office Approved By Sue Filson Board of County Commissioners Executive Manager to the BCC Date BCC Office 6/16/200510:30 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 6/17/2005 9:56 AM Agenda Item No. 4C June 28, 2005 Page 1 of 2 PROCLAMATION .- WHEREAS, Mote Mar{,. l.aboratory ...s created as the Cape Haze Marl,. l.aboratory {n 1955 by Dr. Eugede aark to "teach people about the...~ In a tMO rOCllJ\ 240 SfJIIre foot shed In Placida. It...s relocated to Siesta l<øy In 1960 and re,.msd Mate Marl,. l.aboratory In honor d Ita malor be,.factor, WIlliam R. Mate, before mtNIttl {n 1978 to {ta cœrert headqL8rtera on aty I Bland, Sarasota, and; WHEREAS, world renown Mote Marl,. l.aboratery la one d the few remaldttllndependert marl,. re.arch certera lllith more then 230 staff msntJers, 40 d wIIØn hew docfera{ dÐfTees, and ,.arly 1,400 voIdeera conductlttl marl,. re.arch and educat{on projecta locally and In more then 50 cocntr/es arautd the world, and; WHEREAS, the l.aboratory cœrertly hes 200,000 square feet d research, educat{on and pœtlc outreach space on a 10.5 acre csnpø on aty I Bland In Sarasota, as well as a 200 acre {dand aqL8c&Jture park In Sarasota and field stations In OIarlotte Harbor and the F/er/da l<øys onl<øy West and Sc.nmerland Key, and; WHEREAS, Mate Marlntl l.aboratery has parfermsd slgt/flcsrt camutlty .rvlce fer the cltlze,. d Collier CcIIIrty throqj1 e""'rormertal education and t1CIertlflc studies d Southwest F/erlda Slrys, the cortl(pJUS rivers, streal7lf, est,.rl,., and gcJf areas d Callier CcIIIrty, and; ,- WHEREAS, Mate Marl,. l.aÞoratery hea answered the chelle,. d educatlttl the pcbllc about msrl,. and estl8rl,. ecosystems throqj1lts pcbllc AqL8Tlcm which hosts 40,000 vlaltera arnJally and Ita education provalTB which reach 50,000 studerts arnJally, and; WHEREAS, Mate Marl,. l.aboratory I. celebratlttl50 yeara d advancittl the t1CIence d the .a throqj1 re.arch, education, and COI'IIIIUity .rvlce. NOW THEREFORE, be it proclaimed by the Board of County CormWssioners of Collier Cocnty, Florida that June 13- 19, 2005 be designated as "Mote Marine Laboratory Week" INith June 13, 1955 being the date of incorporation of the Laboratory. DONE AND ORDERED THI S 28th of June, 2005 BOARD OF COUNTY COMMI SSI ONERS COW ER COUNTY, FLORI DA FRED W. COYUE, CHAI RMAN ATTEST: DWI GHT E. BROQ{, CLERK ,.-- Agenda Item No. 4C June 28, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 4C Meeting Date Proclamation recognizing June 13-19, 2005 as Mote Marine Laboratory Week. 6/28/20059:0000 AM Prepared By Date Paula Springs Board of County Commissioners Executive Aide to the BCC 6/21/200510:13:57 AM BCC Office Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 6/21/2005 10:43 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 6/21/200511:12 AM , -...._~~,,-~.,--_...->'-_.,,----....~ Agenda Item No. 4D June 28, 2005 Page 1 of 2 ~- PROCLAMATION WHEREAS, Austin Thomas Gray was born on JalUlry 16, 1991, to an active fatri/yand as he grew learned to ICNe oc.tdoor recreation; and, WHEREAS, early in life Austin developed a disease called NeU"oclegeneration with Brain Iron AcanUation, or NBI A, which began to affect his abIlity to particIpate in outdoor actIvities with his peers; and, WHEREAS, Austin's mcther, Diame, approached the Collier Cotnty Parks and Recreation Department in 1998 asking that recreation progral1f5 be developed that COIid aCCOlJIJmate children lIke her son; and, WHEREAS, from the firsf Splash Day in 1998 until ~ the Therapeutic Recreation Program offered by the Parks and Recreation Department, has (TtNrIfI to serve aver 175 children and offers a variety of activities; and, WHEREAS, Austin succr.mbed to his disease on February 25, 2005; and, ~ WHEREAS, as the spark behind the Therapeutic Recreation Ptovam Austin remains an Inspiration to parerts, care and service protllders, and his peers that all children-no matter what their fllJcflon level- shocJd lead lives ftJl of grOllllth, wonder, and good old- fashioned fllJ. NOW THEREFORE, be it proclaimed by the Board of Cotnty Camissloners of Collier Cocnty, Florida that Jliy 6, 2005, be designated as '~ust in Gray Day" DONE AND ORDERED THI S 28th Day of June, 2005 BOARD OF COUNTY COAfMI SSI ONERS COW ER COUNTY, FLORI DA Fred Coyle, OIAI RAfAN ATTEST: DWI GHT E. BROO<:, CLERK ,,-. Item Number Item Summary Meeting Date Agenda Item No. 4D June 28, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 4D Proclamation designating July 6, 2005 as Austin Gray Day to be accepted by Dianne Gray (Austin Gray's mother), 6/28/20059:00:00 AM Prepared By Date Paula Springs Board of County Commissioners Executive Aide to the BCe 6/21/200510:23:15 AM Approved By BCC Office Sue Filson Board of County Commissioners Executive Manager to the BCe Date BCC Office 6/21/200510:42 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 6/21/200511 :13 AM Agenda Item No. 5A June 28, 2005 Page 1 of 4 EXECUTIVE SUMMARY PRESENTATION OF THE ADVISORY COMMITTEE OUTSTANDING MEMBER AWARD TO MARK MORTON OF THE SMART GROWTH ADVISORY COMMITTEE FOR JULY 2005 OBJECTIVE: To recognize and reward an advisory committee member for their outstanding and dedicated service to Collier County. CONSIDERATIONS: On September 21,2004, the Board of County Commissioners adopted Resolution No. 2004-280 to recognize and reward outstanding Advisory Committee members for their significant contributions to the organization and/or community. The respective committees nominate the outstanding Advisory Committee members and the Awards Committee (same committee that currently selects the Employee of the Month) evaluates and selects volunteers ITom the nomination forms. AWARD COMMITTEE RECOMMENDATION: Mark Morton, Smart Growth Advisory Committee FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE ....--' RECOMMENDA TION: That the Board of County Commissioners present the Outstanding Advisory Committee Volunteer Award to Mark Morton for his work on the Smart Growth Advisory Committee. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: JUNE 28, 2005 /"...~ Agenda Item No. 5A June 28, 2005 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary SA Meeting Date Presentation of the Advisory Committee Outstanding Member Award to Mark Morton of the Smart Growth Advisory Committee 6128120059:0000 AM Prepared By Date Sue Filson Executive Manager to the BCe 6110120059:46:49 AM Board of County Commissioners Bec Office Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 6/17/200512:54 PM i i I j .¡ ¡ ; --- ...~-- -_. ~ '" '-"'J. q¡¡;:Ç\J~=~~gE;:f"': nJ=l,,~ ~ t;;.:.L, Agenda Item No. 5A June 28, 2005 Page 3 of 4 :~: ;,:::.r- ""¡_. ¡, ~, ,~=-. '.' , .¡.,...I...P._o' ,,~,- eotfr'e-r County t· ',~' t" f';~I\~ t-.....: ¡ ~ It.iøt\~ .tt. HurllìAi~P.b.q( iU~rES ADVISORY COMMITTEE OUTSTANDING MEMBER NOMINATION FORM ~;~~';:' '~-"""~~:~~'-="- " ... '-::;: The objective of this program is to recognize significant contributions to the organization and/or community by members of the niany advisory boards and committees formed to assist the Boárd of County Commissioners in carrying out their elected duties. All committee members who have completed at least one year volunteer service on an advisory committee are eligible for nomination. j .'~ I ~ A committee may nominate one of their members if they satisfy one or more of the criteria listed below. The specific reasons for the nomination should be documented on this form under the specific criteria. Attach additional pages if necessary. 1) Does the member strictly follow the Ordinance creating the committee? 2) Does the member have an excellent attendance record? (At least 90% attendance or no more than one absence in the last 12 months.) Give specific examples of exemplary volunteer service. Describe a uniquely innovative solution to a problem. De"# an implementation of a recommendation that resulted in cost savings or increased prodr T" ~ I ~ l-~ Date ) 1l1a.7 {YJ 2-005"" UCommì_Cha~. Date ~~a . Date ~ /<!¡ .}0t25 On {f)Þ1r I~+~ (erÌldate Of?dvisOry Committee meetin~). the above. referenced Advisory CommitMe voted to to nominate the above referenced member as Outstanding AdvisorY Committee ember. Staff Liaisons are to submit the completed form to the Human Resources Department no later than the first of the month preceding the award month. Page 6 1: FOImSI County FonnsI BCC Forms! Advisory Committee Outstanding Member Nol11imtion Fonn WWS 9.22.04 · Agenda Item No. 5A June 28, 2005 Page 4 of4 Advisorv Committee Outstandine: Member Nomination Form Mark Morton Community Character/Smart Growth Advisorv Committee 1. Mr. Morton follows Ordinance 01-41 as outlined in 2001 originally creating the Community Character/Smart Growth Advisory Committee (CCSGAC). 2. Mark has an excellent attendance record. 3. Mark is the only original committee member left to date; he was one of the original twelve members appointed by the BCC. Over the past four years, all other original members have resigned. Mark has been the Chairman of the CCSGAC for the past two years. Mark's volunteer resume also includes, but is not limited to: Coconut River Estates Community Association, Greater Naples Civic Association President's Council, Florida Chamber of Commerce, Urban Land Institute Southwest Florida District Council Executive Committee, Rookery Bay Coastal Institute Advisory Committee, Collier Smart Growth Task Force Steering Committee, Naples Area Chamber of Commerce. 4. As an employee of Barron Collier Co., Mark is familiar with the fast growing, ever-changing needs and desires of the developers and builders of Southwest Florida. Mark has played a crucial part in the modification of both the Growth Management Plan language and the Land Development Code language to implement the importance of Smart Growth in our community. 5. Due to the importance of the GMP and LDC Ìl1 Collier County, the language that the CCSGAC has lobbied to implement will be most cost-effective for the builders, contractors, and developers of Collier County in that the Committee strives to create a smoother transition to the Planned Unit Development stage and the options therein contained. However, with the many hours the committee, as a whole, have given, including Mark's four year tenure, they have saved Collier County Government many labor hours as the committee does the work of the planning staff with little direction. Agenda Item No. 58 June 28, 2005 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to recognize Chuck Diehl, Telecommunications Analyst, Administrative Services Division, as Employee of the Month for June 2005 OBJECTIVE: To recognize Chuck Diehl, Telecommunications Analyst, and Administrative Services Division, as Employee of the Month for June, 2005. CONSIDERATIONS: Chuck has successfully accomplished major departmental telecommunication transfers for the Transportation, Community Development, Utilities, and Administrative Services Divisions in his tenure with Collier County. Along with the County Manager's agency, Chuck has provided new and upgraded telephone equipment for several constitutional and state agencies as well. Chuck always makes himself available to work after hours in order to implement technology upgrades without interruption to telephone service during normal working hours. Chuck has attended Avaya telephone switch training and works closely with this telephone system vendor to continually learn additional features and troubleshooting procedures to solve problems quickly without involving the vendor. Chuck has also attended Team Building and Account Teams seminars provided through Florida Institute of Government. He continues to attend computer-training classes to ensure his understanding of his customers' technology needs and requirements. ,.'- Chuck has implemented recommendations that resulted in cost savings to the County. For example, he had the wiring vendor use patch panels instead of punch blocks, making the wiring of telephones more efficient and cost effective. He is very well organized and informed of section needs so that outside vendors can be utilized as needed to ensure a continuous high level of customer service and satisfaction. Chuck consistently exceeds expectations and this is reflected in the numerous written and verbal compliments he receives from the State Attorney's Office, Health Department, Clerk of Courts, Property Appraiser, Community Development, and Emergency Management, to list just a few. Chuck is the County's sole employee providing telecommunication services. 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 Chuck Diehl is recognized as the "Employee of the Month" for June 2005. PREPARED BY: Dawn Ragone, Administrative Assistant, Human Resources Department. Agenda Item No. 58 June 28. 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 58 Meeting Date Recommendation 10 recognize Chuck Diehl. Telecommunications Analys1, Administrative Services Division. as Employee of the Month for June 2005. 6128/20059:00:00 AM Prepa red By Date Dawn Ragone Administrative Assistant 6/15/20054:46:51 PM Administrative Services Human Resources Approved By Jean Merritt Human Resources Director Date Administrative Services Human Resources 6/16/20059:45 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 6/16/20059:50 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 6/16/20053:19 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 6116/20054:18 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 6117120059:49 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 6/17120052:10 PM --__,___.....""""'"'""'__~·_._,·"_"..__,~_"&_~_"..,.w.._~..~._.,,,. Agenda Item No. 6A June 28, 2005 Page 1 of 13 ~ COlLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Tmil - Naples, FL 34112 - 239-774-8383 - Fax 239-774-4010 June 13, 2005 Ms. Beth Nelson 615 Lakeland Avenue Naples, FL 34110 Re: Public Petition Request to Discuss Exemption to the LDC as Requested by a Developer Dear Ms. Nelson: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of June 28, 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 will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. . The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building COP') 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. JVMljb cc: David Weigel, County Attorney Joseph Schmitt, Administrator, C.D.&E.S. c II c~ . r c ø K K t ,Y Reauest to SDeak under Public Petition Agenda Item No. 6A June 28, 2005 Page 2 of 13 ~ .. Please print Name: :ße:+k 1'-1 ~\SDY\ Address: Phone: N cx\>\~ , I 51 Î- 901')- h (í) l-t:'t. keJQ.~ Å\J-{. FL ceJ1 ~L(\lù d~'t ~ ~ìO~ Date of the Board Meetina YOU wish to sDeak: ...LI.A~ 2 % . 2005 - Please explain in detailthe reason YOU are reauestina to speak (attach additional paae if necessary): 1)e ~ ~ \' S "f 44 lAP ~ ~ ~j {} V\ e :'2<<..a-ßL{ dY\ -to '--tN L bc. -it:> s \.{bJ, v\'J e . W.e.. v.J ð1A... \ ai.. l ~k 'L ~ctt e.X(~1\~ 4v b~ deYt\ed, We.. W Dv..- \ d \ ,'\.(e -iÐ q~p'('t)a ¿ ~ ß oavd \€'J Ql(ol..l'Ý\~ '\ IN.'",:> (·SS\.M: \ Please explain in detail the action YOU are asking the Commission to take (attach additional osce if necessary): W~ wo","\d \\~ éJY' \'4 -.G-v h Dm fJ t') l...J..J'r'-'l.rC; ~ LhC \A<). ~ ~ CL -\-0 " '(\ ~ (-.J e Y\ e.. b€ h« \ {' ~ 'Y' c1 '-t r hù 10<. cx.6l>~ ~.~ ''''1 ~V~ cý H:\Public Petition Request Form.doc 02/15/2005 11:34 2396436%8 CCLLIER CTV ZO-¡ING Agenda Item No. 6A Jun~OOÐ./Ø4 Page 3 of 13 COlLIER COUNTY GOVERNMENT Community Development IIDd EnviroDmeDtaI Services Division Engineering Semces Department 2800 North Horseshoe Drive· Naples, Florida 34104 February 15, 2005 Ms. Beth Nelson 615 Lakeland Ave. Naples. FL. 34110 RE: Access Easement f Lakeland Avenue via fax: 377-7401 Dear Ms. Nelson: Based in part on the attached documentst the County AUomey's office bas opiDed that 1he East 30' of the S Vi of the S yz of the NW ~ of the SW ~ of the NE ~ of Section 24, TOWt1.9hip 48 South Range 25 East is an easement reserved for public purposes. We will be p-eparing a ResolutioQ for the Board of County Commissioners to accept the easement. If you should have any questions, please call me at 659-5757, or e-mail me at iohnhouldsworthlàlcollienzov.net. Sincerely, Joj~~ Engineering Review Services CD c ø , -i',fr.7 . .. ç. 0:0 .. ... t: .'t' Agenda Item No. 6A June 28, 2005 Page 4 of 13 Rejection """'.. for Applic:&tIon N.......4~-;J Rejected By: CRISTlNASANCHEZ 'C..7 1. 11. Provide wetland permits from the applicable agencies. (Policy 6.2.4(2» Remarks: 2nd Review 11/8/04: Provide agency permit or exemption. 3rd Review 2/4/05: Provide agency permit or exemption. 4th Review 3130: Provide agency permit or exemption. Rejection items for Application Number 5969 Items requested during 2nd review not in package. This is the 4th review and comments still have not been answered. Rejected By: HOULDSWORTH_J 1. Submit signed and sealed engineers report (Sec. 8.2.3 and 8.2.5) Remarks: 10/19/04 1. There was no report recieved with the raised seal and the report as submitted does not meet the requirements of Ord 2004-31 Section 8.2.5. 2. Water main shall be a minimum of 8" in accordance with Ord 2004-31 technical standards Part 1 Section 1.2.1. unless fire flows are proven to be 750 gpm 2. Submit narrative on how water and/or sewer system will function. Include assumptions and conclusions. Remarks: 10/19/04 See comments from above. 3. Provide chlormine dissipation report in engineers report. Remarks: 10/19/04 Engineers report not submitted. 4. Provide on site sewer hydraulics for proper pipe sizing in engineers report. Remarks: 10/19/04 Not submitted 5. Provide sewer hydraulics to first master pump station downstream (Sec. 11.2) Remarks: 10/19/04 Not submitted and need documentation that there is capacity in station for your project 6. Submit CC ROW Permit or permit number. Remarks: 10/19/04 Comment to first review is "ROW permit provided above."1 dont know what you mean. 7. Note who is too install meter. If by contractor provide detail. Remarks: 10/19/04 The Note shall appear on the plans. 8. Note who is too instan service lead and meter box. Remarks: 10/19/04 Shall appear on plans. 9. Note all inspections required by Ordinance and list them requiring 48 hour notification. ŒJ ~ \"Q~f.-S ,,-<..~._~'._-"-~,-- Agenda Item No. 6A June 28, 2005 Page 5 of 13 Remarks: 10/19/04 Inspecations shall be listed as shown in Ord 2004-31 Section 9.4.2.2 10. Add note at tie in point indicating use of gap configuration or TBF at the option of the FCD. Remarks: 10/19/04 Shall appear on P&P sheet also 11. label all temporary sample point at the beginning and end of main and/or every 1000'. Provide and label permanent sample points at the 2/3 point of the project and/or every 3000'. Remarks: 10/19104 Sample points both temporary and permanent shall be installed in accordance with Ord 2004-31 technical standards part 2 secation 02675 sub section 3.4A 12. Add isolation valves every 1000', all intersections and mid point on cui-de- sacs. Remarks: 10/19/04 Shall appear on P&P sheet also. 13. Conduits for water service shall run from lot corner to lot corner and shall be 4" diameter and extend 5' past the edge of and all paving. Remarks: 6/17/04 Label the conduits and note the 5' past the paved areas. Conduits shall be 4". 10/19/04 Shall appear on master plan also. 14. Show lateral invert elevations at terminal manholes. Remarks: 10/19/04 Laterals shall appear on master sheet also. ~~\ ..Iditional comments. ~s: 6/17/04 1. Provide hydraulics showing what effect the addition of the water main will have on the existing facilities. 2. Provide fire flows showing minimum gpm at end of main. 3. Show laterals and provide length, slope and class of pipe. Show them on master plan and they shall be placed at the lot comers. 4. How will tie in to exisitng manhole be accomplished? Be advised that the county does not allow core bores. 5. All water and sewer shall be shown on the master plan. 6. Dead end hydrant shall be placed on the lot corner. 7. Provide both the in and out IE for manholes. 8. Show size and type of pipe for existing main on P&P sheet and master plan. 9. It shows.the extsting 30' easement on Lakeland Ave as endin will the easment be extended? What o easement is existing? 10. Show depth of water main on the profile. 11. How far does the existing water main run? 10/19104 1. Comments 1, 2, 3, 5 and 8 were not answered. 2. Project will not be approved until deviation is approved or not approved. 3. Sewer lateral at end of cul-de-sac shall be ptaced on the lot corner. 4. How will water main be installed under the road? Show size and class of the pipe under the road. 5. Submit written approval from FCD for location of hydrants in accordance with Ord 2004-31 Section 8.3.1. 6. There is new language which needs to appear on the Plat. Contact utility reviewer for that language. " ~. Jes ~-h" - v..~U1~ '('.eV\-.e-.J ) Agenda Item No. 6A June 28,2005 Page 6 of 13 Rejection items for Application Number 5969 Rejected By: HOULDSWORTH_J 1. e. Utility Company Plat Approval Letters (3.2.8.4.19) Remarks: Provide plat approval letters for utility providers 114/04 not received 3/15/05 2. g. Applicable Fees (3.1) Itemized Cost Estimate Remarks: Cost estimate shows 3 street lights, but plan shows 8 lights; please revise estimate & fees. Current estimate is for $77,836.00 fees have been paid for $66,836.00 - additional fees due 3. Current Fee Schedule .75% Review, 2.25% Inspection for Paving Drainage Remarks: additional fees due ~Enter additional comments here: ~lJ.I¡IrIø'.1,¡'The'figtrt;touse.the West 1/2 of Lakeland Ave. still must be established in order to approve the plans as currently proposed. "·~_o""",,",~~~_".___,"_^_,,,_,",__,_","_~,,____""~,_ --------- --- CD Kepple Engineering 3806 Exchange Ave.. Naples, FL 34104 239-403-1780 (fax 239-403-1787) Mike Bosi Planning Services 2800 N. Horseshoe Dr. Naples, FL 34104 April 7, 2005 Re: Legacy Estates AR-4855 Dear Mr Bosi, Agenda Item No. 6A June 28, 2005 Page 7 of 1 3 In accoIdance with a pre-application meeting (April 5, 2005) held with Joseph Schmidt, John Howdsworth, Stan Chrzanowski, the owner and County attorney, we are submitting for an amendment to our Preliminary Subdivision Plat. The amendment is to provide for a revised access location located only on the East side of Lakeland Ave. (R/W), within the 30 feet to be dedicated by this plat In addition, Tract A wilJ also be an access and drainage easement. thereby providing in excess of 60' of RJW. ==~~~~.~~'ð6·~;10~ If you have any questions, please call. "3 po.5e.s Agenda Item No. 6A Jun~ ~ 2005 AppJ.ication Request Extended Detëfse.l.0f13 Report Back ~tË7jn Name: LEGACY ESTATES Opened: 04/11/2005 Re1ease APPLICANT INFORMATION ~ ...__.'._ __·_'____'o"__·__ __.__ ..'_.______.,__, __. _n .- _' -.+ .,. ,. ,--".,-,-,._. .._. -' - -, ", NAME: KEPPLE ENGINEERING ADDRESS: 3806 EXCHANGE AVE Project Nbr: 2003060032 App1ication Code: PSPA AR Status: REVIEW STAGE NO. 1 Revi.ew Leve1: 1 Date: NAPLES FL 34104 PHONE: ( 239) 4 03- 1780 FAX: (239) 403-1787 OTHER: OWNER INFORMATION --,..-.-."--..... '"-." ..-. ....-- -...----'...-.' .-.' ..._.... '. -"---'--'~--'--'-' NAME: LAKELAND AVE., LLC ADDRESS: 4395 CORPORATE SQUARE NAPLES FL 34104 PHONE: ( 239) 64 3- 6527 FAX: ( 23 9) 643 - 6527 OTHER : CHANGE: Amendment to PSP-AR-4855, proposes to provide a revised access location located only on the East side of Lakeland Ave. (R/W) , within the 30 feet to be dedicated by the plat. Tract A will be an access and drainage -"~--"-'-"._~--~-_._""'" -----_.-- Agenda Item No. 6A June 28, 2005 Page 9 of 13 easement thereby providing in excess of 60' of R/W. ..Through this amendment the owner is requesting an administrative exception to the Subdivision Regulations . Section 6.06.01 (L) of the LOC. JUSTIFICATION: AADT: PLANNER: MICHAEL BOSI LOT NBR: 14 SURVEY: ROAD MILES: CANCEL DATE: SCHED EXP DATE: ADDITIONAL INFO: NBR UNITS: IMPERV SQFT: REVIEWS: 7 REVIEWS PENDING 1 LOT MIN SIZE: ATTACHED PLANS: ROAD TYPE: BY: EXP USER: CIP NBR: ACRES: 4.8200 COMMITTEES ~CHP;I)~_: MEETING: S~ATU$,:, ~~ç~_NBR.lº-~ª~ 117/REVIEW STATUS NO COMMITTEE REQUIRED OEV REV CURRENT PLANNING DEV REV ENGR H20 MGMT OEV REV TRANSPORTATION DEV REV FIRE 05/31/2005 PENDING REVIEWS REJECT Due: 06/03/2005Rejected By: BOSIMICHAEL 06/03/200sRejected By: SEAL S Released By: 06/03/2005ELURFALIALAN Released By: 06/03/2005ABLERKENNETH REJECT Due: COMPLETE Due: COMPLETE Due: Page 1 of 1 Agenda Item No. 6A June 28, 2005 Page10of13 Beth Sent: Subject: "houldsworth,j" <johnhouldsworth@colliergov.net> "Beth" <davisb25@earthlink.net>; "BosiMichael" <MichaeIBosi@colliergov.net>; "chrzanowskLs" <StanChrzanowski@colliergov.net>; "belpediojennifer" <JenniferBelpedio@colliergov.net> Thursday. May 26, 20056:39 AM RE: question From: To: Hi Beth, Section 10.02.04.A.3 of the LOC (Conditions) provides the authority for the çounty Manager's designee to allow exceptions to the Construction Standards Manua! COrd. 2004-66) which includes typical roadway cross sections for private streets. Please let me know if you have any additional questions. Thanks, John -----Original Message----- From: Beth [mailto:davisb25@earthlink.net] Sent: Wednesday, May 25,20056:54 PM To: houldsworth.J; BosiMichael Subject: question Hi John and Mike, Can Dev Services grant exceptions to the LOC? Beth ® 6/19/2005 Page 1 of 2 Agenda Item No. 6A June 28, 2005 Page 11 of 13 Beth Cc: Sent: Subject: "houldsworth,j" <johnhouldsworth@colliergov.net> "Beth" <davisb25@earthlink.net>; "BosiMichael" <MichaeIBosi@colliergov.net>; "belpediojennifer" <Jennifer8elpedio@colliergov.net>; "chrzanowskLs" <StanChrzanowski@colliergov.net>; "kuck_f' <TomKuck@colliergov.net> "Lori Stressen-Reuter" <thereuter5@hotmail.com> Friday. May 27, 2005 6:39 AM RE: question From: To: Good morning Beth, Preliminary Subdivision Plats (PSP's) and Amendments thereof are administrative. I believe that the proposed amendment shows the access . entirely on the á-ppnëãñts property. ¡he property IS zoned KSF-3 and thê proposed development is consistant with the zoning. Since the PSP process is administrative, there are no public hearings. Please let me know if you should have any additional questions. Thank you, John -Original Message----- From: Beth [mailto:davisb25@earthlink.net] Sent: Thursday, May 26, 2005 8:31 PM To: houldsworth.J; BosiMìchael; belpediojennifer; chrzanowski_s Cc: Lori Stressen-Reuter Subject: Re: question Hi John, Thanks for the reply. I do have a few questions. Will there be a public hearing for the proposed changes in our neighborhood - legal issues pertaining to road access aside? Will compatibility be considered? Does this go before the planning commission? Thanks, I appreciate your time. Beth -- Original Message ---- From: "Beth" <docb@nextel.blackberry .net> To: "Beth" <davisb25@earthlink.net> Sent: Thursday, May 26,20054:41 PM Subject: Fw: question cv 6/19/2005 Page 1 of 2 Agenda Item No. 6A June 28, 2005 Page12of13 Beth From: To: Sent: Attach: Subject: "Beth" <docb@nextel.blackberry.net> "Beth" <davisb25@earthlink.net> Monday, June 06,20056:44 PM Planning Application Tracking.ur1 Fw: lDC exception --Original Message----- From: "BosiMichael" <MichaeIBosi@collie(g9v.net> Date: Mon, 6 Jun 2005 15:58:29 To:"Beth" <docb@nextel.blackberry .net> Subject: RE: LDC exception Dr. Nelson, The PSPA petition is currently under review. The petition has been assigned an Application Request number (AR-7457). Apparently the petition was distributed two weeks ago, there is still one outstanding review and two reject reviews. Yau can check the status of the petition at the link below, in the application number field enter 7457. The plan was distributed to the reviewers two weeks ago, but I was never dišfrìbuteáThe petition unt" 1õëIãÿdue to transition in the administiãtive stãff.l apologize for any inconvenience that this may have caused, but the petition will require a second submittal to address the already identified deficiencies. Sincerely, Mike ---Original Message----- From: Beth [mailto:docb@nextel.blackberry.net] Sent: Thursday, June 02,2005 12:52 AM To: BosiMichael; houldsworth.J Subject: LDC exception Hi Mike and John, Has Kepple's request for an exception been distributed yet? If so, who will make that decision? Thanks, Beth CÐ 6/19/2005 Page 1 of 1 Agenda Item No. 6A June 28, 2005 Page130f13 Beth From: To: Sent: Subject: "Beth" <davisb25@earthlink.net> "John Houldsworth" <JohnHouldsworth@colliergov.net>; <MicheaIBosi@colliergov.net> Wednesday, June 15. 20057:59 AM question Hi Guys, Me again. we have poured over correspondence and the LDC, and are unclear as to which parts of the LDC are deemed to contradict one another. Also, we are unclear on how the plans we picked up a couple weeks ago demonstrate legal access with proper road and easement widths. Would someone please show us? We'd be happy to come by anytime. Thanks, Beth (J) 6/19/2005 Agenda Item No. 68 June 28, 2005 Page 1 of 2 ~ COUlER COUN1Y MANAGER'S OFHCE 3301 East Tamiami Trail. Naples, FL 34112 . 239-774-8383 . Fax 239-774-4010 June 15, 2005 Ms. Tari Harris Community liaison The Governor's Front Porch P.O. Box 2511 Immokalee, FL 34143 Re: Public Petition Request to Discuss the Hanging of "Front Porch Community" Signs in Immokalee Dear Ms. Harris: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of June 28, 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 will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consi<ieration 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 UFO) 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. ~ JVM/jb cc: David Weigel, County Attorney Norman Feder, Administrator, Transportation Services c ø l~ . . c ø It " t :/ - FRCI'I : I I'tD<FLEE FR(ffi" fIæO-I FAX KJ. : 239 657 S576 Jun. 15 2æ5 &§1:~lt~ No. 68 o ; ~né~8, 2005 Page 2 of2 Request to Soeak under Public Petition Please print Name: tar1 HiIIis. CommDni~v t!a~8an The Governor's Front Porch Florida Addre8s: ' Sout.h IJlJDokalee POBox 2511. T.mnkAl~.r ~1 ~A1A~ Phone: 239-651-5576 Date of the Bo8rd Meetino you wish to 8DG8k; .Tnl'lð7e, ?005 Please emlaln in det8iI the reason yOU are reauestlna to sDeak ·(attach ad4ition'll. pace if necessary): South ImmoJcalee Wits dl!!!lIignat,.ñ a Frnn+. Pnrroo" ('()Ip",,,..~ty ill l.t.e 2002. One of the benefits of th& d~Rigna~ion fa ".~~ng ~4glla ~rovided by the ~~t of Tran.por~ation whi~h a~8 tn nA ~~.pl~y.d in key traffic areas to gublic.r inform ~hR public a~ ~~A designat.ion. The Board Of Collier County Comm1..ioner. vere among m~ny who øinnød ] øt.t.Ølrll:! nf' ."ppo.r::" f't'O'P' t'À9 4..1 ¡Rilt f~" ]lA'll the Sout.h IdbDD1c:aløø I'r~"t. Pnr"~'h r.r:I~ð"'D.e vnn1f4 g.-.ð:.tly .})p""a,....,~te the assi.t.ancA n£ t:h@ ~Dunt.y in p1a~inq .'ha aig"'lII :III'" ""'.a; an.n:tbwe.t. corner of Hancock and Main Streets and Rt 846 and Bethune Drive. Please emlain in det8II the action YOU are a&kina the Commission to take (attach additional caa8 if neœssarv): Provide reSO\lrc.. to hilYet.~he;:'Pr~JltFDllrèJh sian. huna at<: the s:nnt:.hwpgt: "''''1''ftAr Qç il""1P("Q"JI: .A~ ~"ill i~r99tg allle) ilt it 846 and Bet.hune drive at the earliest oDDortunitv. O;~"'~a.IIIr9\TImporwyIntlmlt FIIa'tCanI8nI.JI!5V1~Gt'IJGl.cIDo Agenda Item No. 7 A June 28, 2005 Page 1 of 20 EXECUTIVE SUMMARY PE-2005-AR-7123: Michael Miceli, owner, requesting a parking exemption to allow off-site parking on a lot that is not commercially zoned, and to allow two or more permitted uses to utilize the same or a portion of the same required parking, pursuant to the proposed Subsection 4.05.02.K.3. The subject 0.99-acre property is located at 4600 Gulf Stream Drive, in Section 18, Township 50 South, Range 26 East, Collier County, Florida. OBJECTIVE: The petitioner seeks approval of a parking exemption to allow off-site parking on a lot with an RMF- 6 zoning designation (Lot 3), and to allow two or more permitted uses to utilize the same or a portion of the same parking lot, pursuant to the proposed Land Development Code (LDC) Section 4.05.02.K.3. Lot 3 would provide a portion of the required parking for the uses within the C-4 zoned existing commercial structure located on Lot 2, and all the required parking for the residential units within the triplex structure located on Lot 4 which has a zoning designation of RMF-6. CONSIDERATIONS: .- The petitioner (who is also the property owner) is seeking this parking exemption to legitimize an existing paved, parking lot that was constructed on Lot 3, which, as noted above has a zoning designation ofRMF-6. Section 4.05.02.1. requires all off-street parking facilities to be located on the same lot they serve or on a contiguous lot under the same ownership that is zoned for use as a parking lot. A parking lot is not a permitted principal use in the RMF-6 zoning district. In addition, Collier County Code Enforcement has cited the petitioner because he did not procure Site Development Plan (SOP) approval to pave an otherwise unimproved lot. A parking exemption must be approved first to allow the parking lot on the adjacent RMF-6 zoned lot; therefore, the petitioner is seeking this parking exemption to legitimize the existing parking lot. However, it must be stressed that even if a parking exemption is ultimately approved (staff is recommending denial), an SOP for the parking lot could not be approved with the site plan provided by the petitioner because the site plan does not comply with LDC standards. The site plan does not comply with buffering requirements or water management requirements. Moreover, if this site plan had been submitted seeking a parking exemption before the parking lot was paved, it would have been rejected because it does not provide a buffer between the residential and commercial uses and it does not provide adequate water management. In addition, there are other issues with the site plan. Code Enforcement citations are pending for installing a fence without a permit, the placement of a shed and a storage container on an unimproved lot, and placing a diversionary wall in a drainage ditch. Staff only notes these issues because the fence, shed and wall appear on the site plan provided by the petitioner. The site plan also shows a "proposed one-story apartment" on the RMF-6 zoned lot 4. That building has not been permitted by Collier County and would not be allowed on the site in the configuration shown on the applicant's site plan. The petitioner contends that the parking lot has been in existence in its current paved state for over 20 years, and he only resurfaced the parking lot in recent years. Staff has been unable to substantiate Executive Summary June 28, 2005 Michael Miceli, PE-2005-AR-7123 Page 1 of 4 Agenda Item No. 7 A June 28, 2005 Page 2 of 20 the legal standing of this parking lot. Based upon recent aerial photographs, and first-hand accounts, staffs position is that the parking lot was paved without proper county approvals. Because no development approvals were sought from the county to pave the parking lot, there are no historical documents that might provide insight into the status of the parking lot. At this point, the parking lot appears to have been paved within the last two years without benefit of any county development approvals or any parking exemption to allow the use. The petitioner will be required to obtain Site Development Plan (SDP) approval if a parking exemption is approved. However, it would be impossible for the county to grant SDP approval utilizing the site plan provided for this parking exemption petition based upon engineering issues as well as other site design issues. Please refer to the staffreport for photos of previous and existing conditions on the subject property. FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. GROWTH MANAGEMENT PLAN IMPACT: Approval of this parking exemption will not affect or change the requirements of the Growth Management Plan. ENVIRONMENTAL ISSUES: There are no environmental issues associated with this petition that are to be addressed as part ofthe parking exemption petition. The site has been cleared due to previous development. ENVIRONMENTAL ADVISORY COUNCIL (EAC): The EAC did not review this petition because the EAC is not required to hear parking exemption petitions; the LDC does not mandate that level of review. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition on May 5, 2005. Planning Commissioner Strain made a motion to deny this petition, offering the following reasons: "Number one, it is out of character with the neighborhood; no water management facilities are indicated or shown; the proposed parking lots are not internally accessed; the only access would be through a residential street with a commercial property, that isn't necessarily something that is beneficial to the public; the buffers shown are not adequate, or there are no buffers shown, actually; and that there are alternatives that do exist to this property; and lastly, there's absoluteJy no redeeming value to approve this.'; Planning Commissioner Abernathy seconded the motion. The motion passed 8 to I, with Planning Commissioner Schiffer voting against the motion. 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 application of former Land Development Code (LDC) Sections 2.3.4.11.2.c. (2) and (3) is lawful and appropriate. Staff's analysis of these provisions appears on pages 4 through 6 of the Staff Report labeled as Executive Summary June 28, 2005 Michael Miceli, PE-2005-AR-7123 Page 2 of 4 Agenda Item No. 7 A June 28, 2005 Page 3 of 20 Exhibit Number 2 and is also summarized below (Each criterion from LOC Sections 2.3.4.11.2.c. (2) and (3) is shown in italics with staff's review comment following.): (1) Whether the amount of off-site parking is required by LDC Section 4.05.00, or is in excess of these requirements. According to calculations provided by the petitioner, the commercial structure currently houses a 32-seat bar, a I,OOO-square-foot convenience food store, and what is noted on the site plan as a 1,400 square-foot bakery. The petitioner has stated that the bakery is no longer a tenant; he has stated that the unit is now being used by the property owner as a storage area for unspecified goods and materials. The combined uses on the four parcels would require 63 parking spaces. As currently configured the four parcels can accommodate only 58 spaces. Approval of the parking exemption will lessen the parking space deficiency, but will not bring the site into compliance. (2) The distance of the farthest parking space from the facility to be served. The parking area is located between the commercial and the residential uses. More specifically, the parking area is north of the commercial structure and south of the residential structure. (3) Pedestrian sqfety if the lots are separated by a collector or arterial roadway. This criterion is not applicable to this petition. (4) Pedestrian and vehicular safety. The parking lot does not appear to create any pedestrian or vehicular safety issues. Pedestrians are not required to traverse major streets to commute from the parking lot to the places of business. (5) The character and quality of the neighborhood and the future development of surrounding properties. Use of the RMF-6 zoned tract to provide parking for the commercial uses indirectly extends the commercial uses into the residential neighborhood. The parking lot located in the south portion of Lot I, that was designed to serve the commercial structure, does not extend into the adjacent RSF- 4 zoned neighborhood to impact any cross streets in that neighborhood. The parking lot that is the subject of the parking exemption extends north of Aztec Circle, which could allow noise and glare to affect the residential uses to the north of that road. Inadequate water management facilities on the subject site could pose an increased flooding threat to neighboring property owners. (6) Potential parking problems for neighboring properties. Approval of this parking exemption should encourage patrons to park in the designated parking spaces and discourage parking along the roadways or in neighboring yards, so the parking exemption should have a positive effect upon the neighboring properties. (7) Whether the internal traffic flow is required to leave the site to reach the proposed off- site parking. Yes, traffic would be required to traverse Gulfstream Drive to travel from one parking area to the other. For example, should a patron fail to find an empty parking space in the south lot, then the patron would be required go onto Gulfstream Drive to reach the other parking lot. (8) Whether vehicular access shall be from or onto residential streets. The commercial use presently uses the residential street for access. However, as noted above, approval of this parking exemption would extend the scope of the commercial parking further into the residential neighborhood. (9) Whether buffers adjacent to the property zoned residential are 15 fiet in width and include a wall in addition to required landscaping. The site plan does not accommodate any wall or buffering to separate the residential use on Lot 4. The parking lot is to be shared by the commercial and residential uses. At this time, the same Executive Summary June 28, 2005 Michael Miceli, PE-2005-AR-7123 Page 3 of 4 Agenda Item No.7 A June 28, 2005 Page 4 of 20 person owns all four lots, and the owner does not wish to have the wall or buffering to separate the parking lot from the residential use. Because the parking lot is to be shared by the occupants of residential use, an opening in a wall or buffer would be required for access. Future marketability of the residential use and units may be questionable without some separation, which could encourage blight into the area. It appears that all the proposed uses on the four lots may represent an over- utilization of the property. (10) Whether the offsite parking area will be used for valet parking. Valet parking is not proposed. (I 1) Whether the off-site parking area will be usedfor employee parking. The petitioner has not offered this option. (12) Whether there are more viable alternatives available. The petitioner could downsize the uses within the existing commercial structure such that adequate parking would be provided on the C-4 zoned lots so additional parking spaces would not be required off-site to support the commercial uses. Lot 3 could then be developed, if desired, with allowable uses of the RMF-6 zoning district, which would be more compatible with the existing use on Lot 4. 3. Off-street parking areas must be accessible from a street, alley or other public right-of-way and all offstreet parking facilities must be so arranged that no motor vehicle shall have to back onto any street, excluding single-family and two-family residential dwellings and churches approved under section 2.3.16. According to the aerial photo, the parking spaces located along the eastern portion of the commercial structure currently back into Gulfstream Drive. The petitioner has been advised that those spaces must be reconfigured to allow adequate maneuvering space but not force vehicles to back onto the street, and the site plan shows the parking spaces in a different configuration, however that configuration has not been approved. RECOMMENDATION: Staff believes approval of this parking exemption request is contrary to good planning practice based upon the review of the "relevant information" noted above. Specifically, staff believes approval of this petition would be inappropriate because "the character and quality of the neighborhood" (item 5) would be compromised if the commercial use were allowed to encroach into the residential area without adequate buffering. Furthermore the use of two separate parking areas could be detrimental to traffic flow on the residential streets, because vehicles are forced to use the roadway to get from one parking lot to the other (items 7 and 8). Staff has some concern about potential resale of Lot 3. At this time there is no agreement, easement, or encumbrance in place that would prevent the current owner from selling Lot 3. If Lot 3 is sold and redeveloped, vehicles from the subject site could begin parking in unauthorized areas creating safety issues and code enforcement issues. To summarize, staff recommends that this petition, PE-2005-AR-7123, be denied. PREPARED BY: Kay Deselem, AICP, Principal Planner Department of Zoning & Land Development Review Executive Summary June 28, 2005 Michael Miceli. PE-2005-AR-7123 Page 4 of 4 Item Number Item Summary Meeting Date Agenda Item No.7 A June 28. 2005 Page 5 of 20 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 7A This Item requires that all participants be sworn ¡n and ex parte disclosure be provided by Commission members. PE-2005·AR-7123: Micnae! Miceli, OWf~er; requesting a parking exemption 10 allow off-site parking on a lot that is not commercially zoned. and to allow two or more pem1iUed uses to utilize the same or a portion ofthe same required parking, pursuant to the proposed Subsection 405.02.K.3. The subject Q.99-ac;re properly is ioeated at 46C10 Glllf Stream Driv~, in Sec;tiD'1 18, Township 50 Soufn, Range 26 East, Collier County, Florids. 6/28/20059:00:00 AM Prepared By Princípal Planner 6/3/20054;21;12 PM Kav De!>eleO\, Alep Community Develøpment &. Environmenud Services D",tr.- Zuning ... L¡md DE!v ~I(lpmlNJt RI~....i.,w EXi!i:r.utì\[(!o $ucrdiH)' Di¡tr. Approved By Sandra Lt!a COlnrl1unity Development & Environmental Services. C"nlmunity Development & Etwiron01èl"ltal Services Admin. &/6120058:57 AM Chief Planner Date Approved By Ray Bellow.s. Community Ol"v~lopmcmt & Environlnent;) Sr.-Nice!> Zoning & Land Development Review &/6/2005 9 :09 AM Ope,atioJlf. AnalYlit D;¡te Approved By Cons.tanCE! A, John$on Community Develøpment & Environmental Services Community Development & Environmental Sef'\lice'Si Admin, 6i141200S11:1S A.M Tr;lOsport:ltion Division Administt<ltar Date Approved By Nann E. F(!rll~t, AICI' Tmnsportion 5ervic.es Transþortatfon Services Admin. 6fHlZOOS 3:48. PM Project M;¡lnager Date. Approved By Nick Ca:¡al;Ulguid¡J Ttansportatìon Services Tran~portation Planl~ing 6f15/2005 8:&1. AM As,l>istan1 County AttomÐY Date- Approved By JMn¡fer A. B~,lpil!'dic County Attornr.y Count)! AttOrtH~Y Offj(:~~ 6i16i200S 2:5& PM Dat~ Approved By 5us-an Murr.ay, AICP Communky DmfiC'JoþtJJent & Environmental Scrrvicp.s Zoning & Land Development Director Zoning & land Development Review &11&/20063:44 PM Date Approved By Jos.eph K. Schmitt Community Developtnen1 & Envirol\mental Services COlrlnwni1y Ce.vf!løprnent... ErlVimnnwntal SC!rvic~!t. Adminstnltot Community Development 8. ElwiJonmental Services Admin. 6!17lZ006 9:22 PM Adminu.trati'lle Assistant Dat!!" Approved By OMB Coordinator County M~nafiler'$ OfficI(! Offic:e (It Manugmnent & Budgf!t 6i20/20GS 10:49 AM Management & Budget Director Date Approved By Mich:¡¡el Smykowskì County M<magør's Offic~ Offh.:e of Management 8. Budget 6J2012005 12:0& PM Cmmtv M;Jna Jf!<f Datr. Approved By Jaml~!' V. Mudd Board of County Commissioners County Manager's O1ficlt! 6/21/2G05 9:03 AM Agenda Item No.7 A June 28, 2005 Page 6 of 20 C::;O~r C::;O-u.-nt:y '$;'.w:J~'I!AA.w~~~r,. . ·~·~_.Æ STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: RE: MAY 5, 2005 PETITION: PE-2005-AR-7123, MICHAEL MICELI, OWNER IN REFERENCE TO GULF STREAM SQUARE OWNER/AGENT: Owner: Michael Miceli 9517 Gulf Shore Drive # 201 Naples, FL 34108 REQUESTED ACTION: Agent: None The petitioner seeks approval of a parking exemption to allow off-site parking on a lot with an RMF-6 zoning designation (Lot 3), and to allow two or more permitted uses to utilize the same or a portion of the same parking lot, pursuant to the proposed LDC Section 4.05 .02.K.3. Lot 3 would provide a portion of the required parking for the uses within the C-4 zoned existing commercial structure located on Lot 2, and all the required parking for the residential units within the triplex structure located on Lot 4 which has a zoning designation ofRMF-6. GEOGRAPHIC LOCATION: The petitioner's four lots are Lots 1-4 of Naples South Unit No.1, recorded in Plat Book 4, pages 89 and 90 of the Public Records of Collier County, Florida, located on Gulf Stream Drive, in Section 18, Township 50 South, Range 26 East, Collier County, Florida. (Please refer to aerial photos on subsequent pages.) PURPOSEIDESCRIPTION OF PROJECT: The petitioner (who is also the property owner) is seeking this parking exemption to legitimize an existing paved, parking lot that was constructed on Lot 3, which, as noted above has a zoning designation ofRMF-6. Section 4.05.02.1. requires all off-street parking facilities to be located on the same lot they serve or on a contiguous lot under the same ownership that is zoned for use as a parking lot. A parking lot is not a permitted principal use in the RMF-6 zoning district. In addition, Collier County Code Enforcement has cited the petitioner because he did not procure G:\Current\DeseJem\Parking Exemption\Gulfstream Square - Miceli. PE-2005-AR-7123\staff report.doc Page 1 of 7 Agenda Item No. 7 A June 28, 2005 Page 7 of 20 Site Development Plan (SDP) approval to pave an otherwise unimproved lot. A parking exemption must be approved first to allow the parking lot on the adjacent RMF-6 zoned lot; therefore the petitioner is seeking this parking exemption to legitimize the existing parking lot. However, it must be stressed that even if a parking exemption is ultimately approved (staff is recommending denial), an SDP for the parking lot could not be approved with the site plan provided by the petitioner because the site plan does not comply with LDC standards. The site plan does not comply with buffering requirements or water management requirements. Moreover, if this site plan had been submitted seeking a parking exemption before the parking lot was paved, it would have been rejected because it does not provide a buffer between the residential and commercial uses and it does not provide adequate water management. In addition, there are other issues with the site plan. Code Enforcement citations are pending for installing a fence without a permit, the placement of a shed and a storage container on an unimproved lot, and placing a diversionary wall in a drainage ditch. Staff only notes these issues because the fence, shed and wall appear on the site plan provided by the petitioner. The site plan also shows a "proposed one-story apartment" on the RMF-6 zoned lot 4. That building has not been permitted by Collier County and would not be allowed on the site in the configuration shown on the applicant's site plan. The petitioner contends that the parking lot has been in existence in its current paved state for over 20 years, and he only resurfaced the parking lot in recent years. Staff has been unable to substantiate the legal standing of this parking lot. Based upon recent aerial photographs, and first hand accounts, staff's position is that the parking lot was paved without proper county approvals. Because no development approvals were sought from the county to pave the parking lot, there are no historical documents that might provide insight into the status of the parking lot. At this point, that the parking lot appears to have been paved within the last two years without benefit of any county development approvals or any parking exemption to allow the use. The petitioner will be required to obtain Site Development Plan (SDP) approval if a parking exemption is approved. However it would be impossible for the county to grant SDP approval utilizing the site plan provided for this parking exemption petition based upon engineering issues as well as other site design issues. Property Appraiser aerial photos show there are no water management areas on the subject property as shown below. Aerial Photo 2003 Aerial Photo 2004 G :\Current\Deselem\Parking Exemption\Gulfstream Square - Miceli, PE-2005-AR-7123\staff report.doc Page 2 of 7 Agenda Item No.7 A June 28, 2005 Page 8 of 20 County regulations for many years have required each project to make provisions on site for water management. County Engineering staff has reviewed the site plan and those comments have been provided to the property owner to advise him of the outstanding issues. The petitioner's drainage plan calculations indicate intention to use the volume in the County- maintained ditch along the western property line as their storm water quality treatment volume, which is not acceptable. The previous LDC addressed this situation in Section 2.3.4.1 ] .2.c., (2) and (3). That section was inadvertently omitted from the current LDC. It will be incorporated into the LDC in an upcoming amendment as LDC Section 4.05.02.K.3. The petitioner seeks to utilize two provisions, as noted below: The board of zoning appeals, after review and recommendation by the planning commission, may approve a parking exemption under the following circumstances: · The lot proposed for off-site parking is not zoned commercial; . Shared parking, in which two or more permitted uses utilize the same, or a portion of the same required parking. SURROUNDING LAND USE AND ZONING: North: multi-family housing within the Naples South Subdivision, with a zonmg designation ofRMF-6 East: Gulfstream Drive, then single-family homes within the Naples South Subdivision, with a zoning designation of RSF-4 South: commercially developed tract zoned C -4 West: a water retention area, with a zoning designation of C-3, then undeveloped land with a zoning designation of C-3 Excerpt from Zoning Maps G:ICurrentlDeselemlParking ExemptionlGulfstream Square - Miceli, PE-2005-AR-7123Istaff report.doc Page 3 of 7 Agenda Item NO.7 A June 28, 2005 Page 9 of 20 Aerial Photo GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is designated Urban (Urban - Mixed Use District) on the Future Land Use Map of the Growth Management Plan. This Subdistrict allows limited commercial uses and residential uses, including single family; institutional uses; essential services, and recreation and open space uses. The existing commercial use is consistent by policy as shown in MAP FLUE - II ofthe GMP. The current parking exemption request is not specifically addressed in the GMP. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: This petition was not heard by the EAC because the petition does not have environmental issues that require EAC review. ANALYSIS: Staff completed a comprehensive evaluation of this petition and the criteria on which a determination must be based (proposed LDC Section 4.05.02.K.3). This evaluation forms the basis of the Planning Commission's recommendation, which is forwarded to the Board of County Commissioners (BCC). The BCC considers the relevant information and renders a final decision regarding the request. Each criterion (from the proposed LDC Section 4.05.02.K.3.) is shown in italics) with staffs review comment following: (1) Whether the amount of off-site parking is required by LDC Section 4.05.00, or is in excess of these requirements. According to calculations provided by the petitioner, the commercial structure currently houses a 32-seat bar, a 1,000-square-foot convenience food store, and what is noted on the site plan as a 1,400 square-foot bakery. The petitioner has stated that the bakery is no longer a tenant; he has stated that the unit is now being used by the property owner as a storage area for unspecified goods and materials. The combined uses on the four parcels would require 63 G:\Current\Deselem\Parking Exemption\Gulfstream Square - Miceli. PE-2005-AR-7123\staff report.doc Page 4 of 7 Agenda Item No. 7 A June 28, 2005 Page 10 of 20 parking spaces. As currently configured the four parcels can accommodate only 58 spaces. Approval of the parking exemption will lessen the parking space deficiency, but will not bring the site into compliance. (2) The distance of the farthest parking space from the facility to be served. The parking area is located between the commercial and the residential uses. More specifically, the parking area is north of the commercial structure and south of the residential structure. (3) Pedestrian safety if the lots are separated by a collector or arterial roadway. This criterion is not applicable to this petition. (4) Pedestrian and vehicular safety. The parking lot does not appear to create any pedestrian or vehicular safety issues. Pedestrians are not required to traverse major streets to commute trom the parking lot to the places of business. (5) The character and quality of the neighborhood and the future development of surrounding properties. Use of the RMF-6 zoned tract to provide parking for the commercial uses indirectly extends the commercial uses into the residential neighborhood. The parking lot located in the south portion of Lot 1, that was designed to serve the commercial structure, does not extend into the adjacent RSF-4 zoned neighborhood to impact any cross streets in that neighborhood. The parking lot that is the subject of the parking exemption extends north of Aztec Circle, which could allow noise and glare to affect the residential uses to the north of that road. Inadequate water management facilities on the subject site could pose an increased flooding threat to neighboring property owners. (6) Potential parking problems for neighboring properties. Approval of this parking exemption should encourage patrons to park in the designated parking spaces and discourage parking along the roadways or in neighboring yards, so the parking exemption should have a positive effect upon the neighboring properties. (7) Whether the internal traffic flow is required to leave the site to reach the proposed off-site parking. Yes, traffic would be required to traverse Gulfstream Drive to travel from one parking area to the other. For example, should a patron fail to find an empty parking space in the south lot, then the patron would be required go onto Gulfstream Drive to reach the other parking lot. (8) Whether vehicular access shall be from or onto residential streets. The commercial use presently uses the residential street for access. However as noted above, approval of this parking exemption would extend the scope of the commercial parking further into the residential neighborhood. (9) Whether buffers adjacent to the property zoned residential are 15 feet in width and include a wall in addition to required landscaping. The site plan does not accommodate any wall or buffering to separate the residential use on Lot 4. The parking lot is to be shared by the commercial and residential uses. At this time, the same person owns all four lots, and the owner does not wish to have the wall or buffering to separate the parking lot from the residential use. Because the parking lot is to be shared by the occupants of residential use, an opening in a wall or buffer would be required for access. Future marketability of the residential use and units may be questionable without some separation, which could encourage blight into the area. It appears that all the proposed uses on the four lots may represent an over utilization of the property. G:\Current\Deselem\Parking Exemption\Gulfstream Square - Miceli, PE-2005-AR-7123\staff report.doc Page 5 of 7 Agenda Item No.7 A June 28, 2005 Page 11 of 20 (10) Whether the off-site parking area will be usedfor valet parking. Valet parking is not proposed. (11) Whether the off-site parking area will be usedfor employee parking. The petitioner has not offered this option. (12) Whether there are more viable alternatives available. The petitioner could downsize the uses within the existing commercial structure such that adequate parking would be provided on the C-4 zoned lots so additional parking spaces would not be required off-site to support the commercial uses. Lot 3 could then be developed, if desired, with allowable uses of the RMF-6 zoning district, which would be more compatible with the existing use on Lot 4. 3. Off-street parking areas must be accessible from a street, alley or other public right-of-way and all off-street parking facilities must be so arranged that no motor vehicle shall have to back onto any street, excluding single-family and two-family residential dwellings and churches approved under section 2.3.16. According to the aerial photo, the parking spaces located along the eastern portion of the commercial structure currently back into Gulfstream Drive. The petitioner has been advised that those spaces must be reconfigured to allow adequate maneuvering space but not force vehicles to back onto the street, and the site plan shows the parking spaces in a different configuration, however that configuration has not been approved. Staff believes approval of this parking exemption request is contrary to good planning practice based upon the review of the "relevant information" noted above. Specifically, staff believes approval of this petition would be inappropriate because "the character and quality of the neighborhood" (item 5) would be compromised if the commercial use were allowed to encroach into the residential area without adequate buffering. Furthermore the use of two separate parking areas could be detrimental to traffic flow on the residential streets, because vehicles are forced to use the roadway to get trom one parking lot to the other (items 7 and 8). Staff has some concern about potential resale of Lot 3. At this time there is no agreement, easement, or encumbrance in place that would prevent the current owner from selling Lot 3. If Lot 3 is so Id and redeveloped, vehicles from the subject site could begin parking in unauthorized areas creating safety issues and code enforcement issues. RECOMMENDATION: Zoning & Land Development Review staff recommends that the Collier County Planning Commission forward Petition PE-2005-AR-7123 to the Board of County Commissioners with a recommendation of denial. G:\Current\Deselem\Parking Exemption\Gulfstream Square - Miceli. PE-2005-AR-7123\staff report.doc Page 6 of 7 Agenda Item No. 7 A June 28, 2005 Page 12 of 20 PREPARED BY: KAY DESELEM, AICP PRINCIPAL PLANNER DATE REVIEWED BY: RA Y BELLOWS, ZONING MANAGER DA TE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN MURRAY, AICP, DIRECTOR DA TE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMIIT, ADMINISTRATOR DA TE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION RUSSELL A. BUDD, CHAIRMAN DATE Tentatively scheduled for the June 28,2005 Board of County Commissioners Meeting G:\Current\Deselem\Parking Exemption\Gulfstream Square - Miceli, PE-2005-AR-7123\staff report.doc Page 7 of7 <L()O -ON ~Õ - C") - CO.... EN Q.) Q.)Q.)O) ......cro ~':;a.. "0 c ( ) 0) < . It) 0 0 N I W Il. # Z 0 l- I- W Il. a.. <C ~ ~ Z ~~ 0 r - ;¡ I- <C Ü 0 .-J ]1VaS01 10N / ~ - a.. <C ::E W I- C/) Agenda Item No. 7 A June 28, 2005 ?age 14 of 20 AERIAL PHOTO SHOWING LOT LINES AND ZONING Agenda Item No.7 A June 28, 2005 Page 15 of 20 AERIAL PHOTO FROM 2001 SHOWING PRIOR SITE DEVELOPMENT --------- Agenda Item No. 7A June 28, 2005 Page 16 of20 AERIAL PHOTO FROM 2004 SHOWING EXISTING SITE DEVELOPMENT APR-25-2005 MON 01:57 PM FROM:BUTLER SERVICES FAX:334 382 6945 PAGE 1 Agenda ìt:em No. 7 A June 28, 2005 Page 17 of 20 P. O. Box 357 Greenville, AI. 36037 22 April 2006 PROM Eileen H. Nee P.O. Box 357 GreenviUe, ~ 36037 334.382.86722' TO: COllier County Government Community Development and EnWa.'Ut1.frLtal services Divis10n Department of Zaûng and Land Development Review 2800 Na1h Horseshoe Drive Naples, FL 34104 Attn: Kay Dese1em, AlCP Principal. Planner FAX: 239.213.2916 RE: Peti11at: PE-2005-AR-7123 To Ms. Deselem and the Planning CommisSion: I am the owner of two rental duplex propertles located at 4540-4542 &. 4544-4546 Gulf'strefmL DriVe (Naples SOUth, UIÛt 1. Blk. 15, LetS 5 &. 6) in Naples. 'these ¡:roperties are tn:unediately adjacent to the property at 4600 Gul!stream Drive, owned by Michael :Miceli. :Mr. MlceJ1 is requesëng that the county provide a parking exemptioo to allow otf-site parldng on a lot that is not commercially zoned. and to allow two or more permítted uses to utilize the srnne a' a part1cn of same required part<ing, pursuant to the proposed SuhSed10n 4~05.02,K3. ' 1 wanted to express my oppœtioo. to t:h1s proposal, as I feel that it is an inappropriate use of this property. This is a quiet residenUal neighborhood and ad.c1iUonal parkinS would prove to be undesir- able. As the owner d the property immediately adjacent to 4600 Gul!stream and this proposed parlcl.ng lot, [ feel that it would have a negative impact on my property values. ThiS is of great concern to me. Thank yoo. for the oppatunity to express my opinion ot\ and oppositiCX1. to this matter. Sncere1y yours, ¿~ß ?;~. Eileen H. Nee Agenda Item No. 7A June 28. 2005 Page 18 of 20 RESOLUTION 05 - RELA TING TO PETITION NUMBER PE-2005-AR- 7123 FOR A PARKING EXEMPTION ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY. FLORlDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on aJl counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public, and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No.04-41) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the aJlowance of a parking exemption; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted board for CoJlier County which includes the area hereby affected, has held a public hearing after notice and has considered the advisability of a parking exemption as shown on the attached Plot Plan, Exhibit "A", in the RMF-6 Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning aJl applicable matters required by said regulations and in accordance with proposed Subsection 4.05.02.K.3. of the CoJlier County Land Development Code, for the unincorporated area of Collier County, and WHEREAS, aJl interested parties have been given opportunity to be heard by this Board in a public meeting 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 Michael Miceli with respect to the property hereinafter described as: Lots I, 2, 3 and 4 Block ] 5, Naples South Unit No.1, recorded in Plat Book 4, pages 89 and 90 of the Public Records of Collier County, Florida and incorporated by reference herein be and the same hereby is denied for a parking exemption as shown on the attached plot plan, Exhibit "A", in the RMF-6 Zoning District wherein said property is located. BE IT RESOLVED that this Resolution relating to Petition Number PE-2005-AR-7123 be recorded in the minutes of this Board. Page 1 of 2 Agenda Item No. 7A June 28. 2005 Page 19 of 20 This Resolution adopted after motion, second and majority vote. Done this day of ,2005. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, CHAIRMAN Approved as to Form and Legal Sufficiency: Jennifer A. Belpedio Assistant County Attorney Attachment: Exhibit A: Site Plan PE-200S-AR- 7 I 23/KD/sp Page 2 of 2 '''·"''''''''''''"'''''.'_·''"''''_~'';"''''';''~'"'''"''·.''''''''''''''''''Y AJ » Z ,·.1, ~ fTI LOT 5 Agrnda Item N'. 7 A June 28. ous---- ¡ Page 2Ó f 20 o ::¡ o I ~~1 ~ ~ ~ tt:I o ~ 8 ~ ,~ ~ z 9 Û U!. ~ :.... . -"-1 ¡;:...:- . . ..... . . ~ 16.0' ~ ~ 54.7' ~ ~ ONE STORY lRl-PlEX ~ ...~ FF-7.5' . . 70.8' .1' IIIXIO FII«Ø ~. ----7 ~ STORAGE CONTAINER ;,: I ~" <. < cE:- ~ 1 ',' DUt.lPSltR . ASFIW.T )( )( 1 ~LzJ:l~L'J~liI?11~I:f,x ~.~ _ COVERED -f1: 32 ;:~ I loa>? ¡ Ii . I ~bJ f1.t.9rAV l./\...JT I ~ 8 . g_n-, I :LifO(} dl. -FS ei ! q ON~ STORY COMMERCIJ.L BUIl~NG . q ë . [ - I FF-7.~ I 1"1; .: I !~~~ I ~ ;\; ¡- I fTI'- ~ ~ I g: ~~. N. ;J t PI' ~ I > ~ ~ N -..¡ !» 01 N ,.....: " PI' ~ ---¿. -0 > ~ !: IT! Z .... UPHAlT PARKING ~~ (;-- (- ~ , . $ ~ OUT LOT "H' J:Y.orlJ1. - E:J< ~Ti r--J~. ..sA.BL.t- PA£-. 'Y) -CX¡s:í ~ OAY-. --r~. -6X.ì5ilrv~ A~A- -.p~' - (2.4 iA,JO . (of 3D.9fPC--&5 q)( I ~ 2.. +I D2P SfP.C~ ~ I~ J V',8P, I~ 3~ -¡0J.1"¡l- spj RrnF let LAN D z.'?> ~& Qx/8FT -5~ s.~èS~<- . . -.--- ------,---~ CD o ~ ~ ~; -....0 :E ":-O~W q:~.....J CJt-NW lØoêiiffj g~úiO ~O~>~ ZWIt:~ NQ.Q.O I I Ç) ~ ~, Ct]q '-:3:;0 ~G1 ~~ ~o ~."T1 =E b~ ::tJ ....... ~ t"':' '" a p o ^ .3 U1 co ... åz. ~ L Agenda Item No. 8A June 28. 2005 Page 1 of 36 EXECUTIVE SUMMARY Recommendation to approve an Ordinance of the Board of County Commissioners of Collier County, Florida, amending Chapter 74 of the Code of Laws and Ordinances, as amended by Ordinance No. 2001-13 (The Collier County Consolidated Impact Fee Ordinance, as amended), repealing a portion of §74-201, and replacing same in §74-401(a); amending Article IV pertaining to the affordable housing provisions to eliminate provisions for waiver of impact fees; establishing a ceiling on the amount of impact fee deferrals; reorganizing provisions in Articles II and IV relating to affordable housing for clarity; providing for conflict and severability; providing for inclusion in the Code of Laws and Ordinances; and providing for an effective date. OBJECTIVE: To have the Board of County Commissioners (BCC) approve an ordinance of Collier County, Florida, amending Chapter 74 of the Code of Laws and Ordinances, as amended by Ordinance No. 2001-13 (The Collier County Consolidated Impact Fee Ordinance, as amended), by amending the affordable housing provisions by eliminating the provisions for waiver of impact fees; establishing a ceiling on the amount of impact fee deferrals; reorganizing provisions relating to affordable housing for clarity; providing for cont1ict and severability; providing for inclusion in the Code of Laws and Ordinances; and providing for an effective date. This amendment creates an Impact Fee Deferral Program for Owner-Occupied Affordable .-'~ Housing. CONSIDERATIONS: Background- Collier County currently has the highest total impact fees per residential unit in the State of Florida. Impact fees due on the average new home are estimated to be approximately $15,500. Collier County also has the most expensive housing market in the state of Florida. The median home sales price in Collier County is approximately $460,000. :¡ A recent study has shown that for every $1,000 increase in a home's purchase price, 3 [1 potential homebuyers in Collìer County are priced out of the market. Conversely, it can be said that for every $1,000 decrease in a home's purchase price in Collier County, 311 more homebuyers will be able to afford to buy it. " .; :':1 !.! .,. Until July I, 2004 Collier County funded an impact fee assistance program for low- income first-time buyers of affordable homes by paying those fees using grant sources. However, in recent years increases in impact fees have far out paced any increases in grant funding received by the County and the County can no longer afford to fund that pro gram. ,..- Agenda Item No. 8A June 28, 2005 Page 2 of 36 It is estimated that the impact fees collected on 100 new affordable homes for low- income firsHime buyers represent less than 1 % of the total impact fees collected by Collier County. Collier County, and every other county in Florida, is mandated by State Statute to ensure that affordable housing is available to all current and future residents of the County. The State of Florida estimates that Collier County has a current shortage of over 30,000 affordable housing units. Proposed Program- CoJlier County hired the law firm of White and Smith as outside counsel to develop a legally defensible and fiscally responsible prof,rram to defer the collection of impact fees on owner-occupied affordable homes. Mr. White gave a presentation on the program to the BCe at the AftûrdabJe Housing Workshop held on May 3, 2005. At that workshop the BCC directed staff to bring the Impact Fee Deferral Program back at a regular meeting for formal approval. The program is based on the fact that the amount of impact fees collected yearly on homes built by low-income, first-time homebuyers in Collier County is de minimus in comparison with the yearly total impact fee collections. Deferral of the collection of these fees will have no adverse effect on the County's financial ability to provide services funded by the fees_ The program has been developed with the limitation that the aggregate amount of defen-ed fees per fiscal year would in all cases be limited to no more than 3% of the tot.al impact fee collections of the previous fiscal year. This self-adjusting program limitation serves to ensure that the amount of fees deferred in any fiscal year never reaches a level exceeding our de minim us criteria (3% of the total). Therefore in order to remain under the 3% of yearly collections cap, the program wil1 only issue deferrals to a maximum of approximately 300 homes per year and not exceed the de minimus deferral cap. Homebuyers qualifying for the deferral will enter into an agreement with the county stating that they will repay their deferral amount plus 5% interest (capped at 25% of the total deferral amount) to the county when they default on their agreement (i.e.: sell the home, refinance it, or any other change in title). At that time, the total amount of impact fees deferred, plus interest, will be collected and deposited into the appropriate Impact Fee Trust Fund Account. This ensures that the County's impact fee accounts are kept whole on a net present value basis. An analysis of the repayments in the previous SHIP Program shows that the average Jow- income first-time homebuyer in Collier County typically retains ownership of that home for only 4.2 years. In other words it can be assumed with some confidence that the length of the proposed impact fee deferral would be Jess than five years based on historical trends and available data. "",,-.- Agenda Item No. 8A June 28, 2005 Page 3 of 36 There is no real "cost" to the county since this program is a defen-al and the only potential financial loss, the time value of money, is recovered through the application of interest and the incremental payment of new property taxes. See the three scenarios attached showing the county financially "ahead" through this program at any point in time given the incremental property taxes generated that would not havc occurred without this program. A program implemented with the parameters described above will successfully limit and control any potential financial and legal risk to the County while providing for the health, safety, and welfare of the citizens through the promotion of affordable housing. FISCAL IMPACT: A $350.00 per home application fee will be charged to cover the administrative expenses of implementing and tracking this program. GROWTH MANAGEMENT IMPACT: This request is consistent with the Housing Element of the Growth Management Plan LEGAL CONSIDERATIONS: This request is internally consistent, complies with all applicable laws and is legally sufficient for Board consideration and approval. RECOMMENDATION: That the Board of County Commissioners approve an Ordinance of Collier County, Florida, amending Chapter 74 of the Code of Laws and Ordinances, as amended by Ordinance No. 2001-13 (The Collier County Consolidated Impact Fee Ordinance, as amended), by amending the affordable housing provisions by eliminating the provisions for waiver of impact fees; establishing a ceiling on the amount of impact fee defen-als; reorganizing provisions relating to affordable housing for clarity; providing for conflict and severability; providing for inclusion in the Code of Laws and Ordinances; and providing for an effective date. Prepared by: Cormac Giblin, Housing and Grants Manager Financial Administration and Housing .,.,."..... Agenda Item No. 8A June 28, 2005 Page 4 of 36 Scenario #1 Impact Fee Deferral Proaram for Owner-Occupied Affordable Housina Assumes Chanae of Title in Year 5 ....._--~._~_.... ._..~. Financial Impact Present Year Transaction to County Value @ 5% ~~""""''''''. . 1 Purchase home and defer $10,000 of impact fees $0 $0 2 Payment of property taxes $485 3 Payment of property taxes $485 4 Payment of property taxes $485 5 Payment of property taxes $485 Subtotal of property taxes $1,940 $1 ,720 Payoff of deferred amount ($10,000) in year 5 at time of change of title $10,000 $7,835 Total Cash Flow without PV $11,940 ....MO·.· .--...- PV of Total CF on Deferred Amount $9,555 Accrued interest on $10,000 at 5% totals $2,762 but interest is limited to 25% $2,500 PV of Interest $2,500 Payment 5 Years Out $1,959 Total Cash Flow without PV _._-~_.... ..0_ $14,440 PV of Total CF With Interest Payment (limited to 25%) $11,514 Less initial impact fee that would have been paid under present requirements $10,000 _.._......__u_..." "u '__u Net Qain to county on present value basis $1,514 Note: a typical affordable housing unit generates approximately $485 per year in ad valorem taxes. Agenda Item No. 8A June 28, 2005 Page 5 of 36 Scenario #2 Impact Fee Deferral Proaram for Owner~Occupied Affordable Housing Chanae of Title in Year 10 Financial Impact Present Year Transaction to Couraty._ Value @ 5% 1 Purchase home and defer $10,000 of impactfees $0 $0 2 Payment of property taxes $485 3 Payment of property taxes $485 4 Payment of property taxes $485 5 Payment of property taxes $485 6 Payment of property taxes $485 7 Payment of property taxes $485 8 Payment of property taxes $485 9 Payment of property taxes $485 10 Payment of property taxes $485 u_u.. Subtotal of property taxes $4,365 $3,447 Payoff of deferred amount ($10,000) in year 10 at time of change of title $10,000 $6,1 39 Total Cash Flow without PV $14,365 PV of Total CF on Deferred Amount $9,586 Accrued interest on $10,000 at 5% totals $6.289, but interest is limited to 25% $2,500 PV of Interest $2,500 Payment 10 Years Out $1,535 f-----.----. --"- Total Cash Flow without PV $16,865 - PV of Total CF With Inte!:'f.)~t Payment (limited to 25%) $11,121 Less initial impact fee that would have been paid under present requirements $10,000 Net Qain to county on Dresent value basis $1,121 Note: a typical affordab e housing unit generates approximately $4R5 per year in ad valorem taxes. Agenda Item No. 8A June 28, 2005 Page 6 of 36 Scenario #3 Impact Fee Deferral Proqram for Owner-Occupied Affordable Housing Assumes Chanae of Title in Year 25 Financial Impact Present Year Transaction ........._.JQç.CllIn!y. Value (â) 5% ......... ...........-...-- 1 Purchase home and defer $10,000 of impact fees $0 $0 2 Payment of property taxes $485 3 Payment of property taxes $485 4 Payment of property taxes $485 5 Payment of property taxes $485 6 Payment of property taxes $485 7 Payment of property taxes $485 8 Payment of property taxes $485 9 Payment of property taxes $485 10 Payment of property taxes $485 11-25 $7,275 Subtotal of property taxes $11,640 $6,692 Payoff of deferred amount ($10,000) in year 25 at time of change of title $10,000 $2,953 Total Cash Flow without PV $21,640 _.- PV of Total CF on Deferred Amount $9,_645 .~ ....-- Accrued interest on $10,000 at 5% totals $23,860, but interest is limited to 25% $2,500 PVof Interest $2,500 Payment 25 Years Out ¡ $738 Total Cash Flow without PV $24,140 PV of Total CF With Interest Payment (lim¡t~ddt~25~ïo)""""'-'-- $10,383 Less initial impact fee that wouid have been paid under present requirements $10,000 ...-.. .U""_ .....".. .... ....~...~ Net oain to county on present value basis $383 )" ~ Note: a typical affordable housing unit generates approximately $485 per year in ad valorem taxes. <:U?CD roDe"? O~Õ Z 00 I'- EN Q) Q)Q)OJ .=:c:& ro ::¡ -0' c: Q) OJ <: (/)<:10 w:.=::o O,9~ ()ø_ , .0 :r:()~ « (D u. (/) cn~CDO(y)CD,......-cnO')N cø O"-O(Y)roCO~"-NIl')CD .... c: MCOl'-cn(¡)O'J vLl)..-1'- ØI 0 ....: 00 IIi ci ,...: M ..¡ v" M Jñ ,...: M W ~ vNLl)I'-COWC'OC'OC'OO.... 0 Æ U? ER- ~ N ER- N~MvER- .... ::) õ - U'J rJ) U'J fofl M ..- Z Ü fofl ~ - W 0 > ;,g 0 W M a:: en w ..J O¡(¡)MOo.oCD..-(X)(()o.ol'- .... -.:t ~ (X)cnI'-O¡I'-OCOMv..-CO <10 W O'J"'<t(()O¡I'-NI()OCOMO ~ LL 0 ..... cè ci cè ci N N .-: r-: ,...: IIi N" t") 0 t:t: C\J I'-({)LOC')MM....v....OO> U) l- N CD M(¡)ØOO¡..-(X)..-..-l!)U') ~ W ~;g .-: w ....: c£ Ñ <n 05 N C\ " M" Vi} M . ~ t:t: LL ~~ LO {fl (fl U'J y:)- (;ß- 'r" ~ 0 ~ (fl ww .... ~ W (/) ~ ~ a.. w c I..L :a: >- ..J C - ~ ..J ~ , ~ - I- Z () Z -¡ en (/) ::) W CD - 0 ü: l- t) (/) 0 0 .~ 1.3 (/) ~ (,) Q) :s~ t:t: a.. (1) C/) (/) ..... c (1) ~ i5]í w I..L CD (1)0 ..-.. E ::::¡ 1.3 "Õ ¡¡~UJë~ c: C\J CD .... ..J ~ .- - '"") CD E _LLO--- > 0 ~ c: _ 0 (/) 0 (1)c:J::c: ø (J c: "OCD()O Q) C:"OC/):;::¡ ~ (J) OJ 2:' Q) c: [) () .... .... "0 .... [!!~ D.Q)= CD Q) Q) Q) co (1) .... Q) D...c t::;......;: c: o E ..cro"OQ)::¡OClJCDQ) Cl::u.J :.:Ja.Eoa.ü~C/)Ø l1em Number l1em Summary Meeting Date !\genda Item No. 8A June 28. 2005 Page 8 of 36 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS BA Ii is recommended this item be conlinued to tile JUly 26. 2005 BCe Meeling Recornmendation to approve an Ordinance of the Boarc1 01 County Commissioners of Collier County, Fiorida, amending Chapter 74 of the Code 01 Laws and Ordinances, as amended by Ordinance No, 200: ·13 (The Co!lier CDunl)' Consolidated Impact Fee Ordinance, as amended). repealing a portion of § {4-2Q1, and replacing same in §ì4-401 ía); amending Article IV pertaining hl fhe a'ffordab!e housing provisions to eliminate provisions for waiver of impact fee::;; establishing a ceiling on the amouT11 of Impact fee det'errals: reorganizing provisions in Articles!! and IV reiatfng to affordable housing for claflty' providing for conflict arid severability: providing for inclusion in the Cadf~ of Laws and O¡,c1¡néwces; and providing for· an effective date 6/28/20059:00'00 AM Prepared By Housing Development Manager &/10/20053:43:15 PM Cormac Giblin Comm~lnity Oi?v(!loþment & E:nvironmp.:ntaI51~r'/ic~!'; Date Financial Admin. 8. Hou!iing Hou~¡ng Development Manager Date Approved By Conn.ac Giblin Connnunity Development & Envirönmental Servkes Finan ~ial Admïn. & Huu!>ing 6;161200510:10 AM Datf! Approved By Nancy M(~sa Gonununi1y D~v~I(lprnent & EnvirunmentaISer'Ji<:es Admioi'Str,l1ivp. A'!i~lstant Financial Admin. & Hou~ing 6i16/200:5 1(}:20 AM Sandra Lea Date Approved By ComnlUoity D~!veloprn(!nt & r.-:n\iÎf'ont"~nt..1 St,,'vic(!'s Exer;utive Secretary Community Development... Environmental ServicE'i!~ Admin. 6!1612ð05 12:D8 PM Approved By Cons.t.ance A. Johnson Community Development & En\lironnrentill S¡~lvic.(J'!> Opeutiol1lò Analyst DOIte- Community Developmer.t & EnvIronmental S~rvic(!,'Ç Admin. 6/16!20Q5 5:14 PM J o:s.eph K. Schmitt Date Approved By Cornnnmity D!~v(!I )prnerlt & En\lif"(mm~nt.1! SI~I"\Iic!!!' Community Devclopment & Environm€nt"f Servlcl!s Adrninstrator Community D~vl?lopm ~nf So Envimnnmnta Suvice.'$ Admin. 6f18/2005 6:35 PM Impact Fee Manager Date Approved By Amy Patterson Commum\y Oevl!'lopm~nt & Environmental Services. Fin~ndôll Admin. & Housing fii20/20ftS 4:16 PM N(Jftn E. F(~dl~f-, Alep Imnsportatiun DivÎ!ikm Administratm DatE' Approved By lrallspor1u>o Sl1!rvkl!'!' lransport)liQo S£!"r'/¡ce!> Adlnin, &12:0í2005 4:18 PM Approved By Denton ß.aker Community Oe"e!(Jprnetlt & Environmental Services Financial Admin & Housing Director D¿¡,tl~ Finimdal Admin. &. Hou:->ing 6i20/200S 4:22 PM Admini$.t ';Jt¡vt~ A!O!;is;.tant Dah~ Approved By OMB Coonlirt<ltor Cotwty Manager'!> Officl~ Office óf M.anagement & Budget &/21/20052:3·1 PM Budget Anulyst Date Approved By Murkl:ucl;sOII C<IllJl1y Mana!Jl~r'!i OW¡;I! Of1ir~(! 1)1 Managemellt & BlId!J~t &/211'20053:23 PM Management & Budget Director Date Approved By Michael Smykowski County Manager's Office Ofiìc:e of Management & Budget GlZ1fZ005 3:31 PM County MntHlg«!1 Datl~ Approved By Jõune.s: V. Mudd Board Df County Comt~Üssioners. County M¡mi1g"r's ONII:«¡ 6121/20056:35 PM Agenda Item No. SA June 28. 2005 Page 9 of 36 Ordinance 2005~_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF THE CODe OF LAW AND ORDINANCES, AS AMENDED BY ORDINANCE NO. 2001~13 (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, AS AMENDED), REPEALING A PORTION OF §74-201, AND REPLACING SAME IN §74-401{a); AMENDING ARTICLE IV PERTAINING TO THE AFFORDABLE HOUSING PROVISIONS TO ELIMINATE PROVISIONS FOR WAIVER OF IMPACT FEES; ESTABLISHING A CEILING ON THE AMOUNT OF IMPACT FEE DEFERRALS AND; REORGANIZING PROVISIONS IN ARTICLES II AND IV RELATING TO AFFORDABLE HOUSING FOR CLARITY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 13, 2001, the Board of County Commissioners (Board) adopted Ordinance No. 01-13, the "Consolidated I mpact Fee Ordinance,", which is Chapter 74 of the County's Code of Laws and Ordinances; and WHEREAS, Ordinance No. 01-13 established an Affordable Housing Impact Fee Waiver and Deferral Program (hereinafter the "Program"); and WHEREAS, the Program is designed to encourage the production of housing for low and moderate income persons in Collier County; and Words underlined are added; words struok through are deleted. Page 1 of 28 Agenda Item No. 8A June 28, 2005 Page 1 0 of 36 WHEREAS, the Program implements goals established in the County Comprehensive Plan to encourage the production of affordable housing and to minimize housing costs where possible; and WHEREAS, until July 1, 2004, the cost of impact fee deferrals and waivers under the Program were subsidized by the Florida State Housing Initiatives Partnership (SHIP) program established by §§ 420.907-420.9079, Florida Statutes; and WHEREAS, increases in impact fees have outpaced increases in grant funding received the County, to the extent that the County can no longer afford to fund the Program through SHIP monies; and WHEREAS, impact fee waivers and deferrals have historically comprised a very smaH, de minimus proportion of the County's totaJ impact fee revenue collections; and WHEREAS, the County has projected that impact fee deferrals under the Program in future years will not rise above historic levels; and WHEREAS, the County desires to establish a cap on impact fee deferrals in order to ensure that they do not rise above de minimus levels; and WHEREAS, the County Department of Financial Administration and Housing provides periodjc reporting to ensure that the de minímus caps are not exceeded; and WHEREAS, the County desires to discontinue the impact fee waiver program because SHIP funding Îs insufficient to ensure the repayment of impact fees that are deferred; and Words underlined are added; words struck thr9b1gh are deleted. Page 2 of 28 \ I: \i ¡; ¡; 1: I: i - --~--~- Agenda Item No. 8A June 28, 2005 Page 11 of 36 WHEREAS, the impact fee deferrals provided under the Program do not result in the expenditure of fees for public facilíties that benefit parties that do not pay impact fees; and WHEREAS, impact fees deferred under the Program are not subsidized by persons who pay impact fees when they are normally assessed and collected; and WHEREAS, a professional consultant team has conducted a survey of impact fee caselaw in Florida and nationally, and has determined that impact fee deferrals for affordable housing are constitutionaJly valid and do not violate any standards for nexus and proportionality; and WHEREAS, impact fee adjustments for affordable housing are required by state law as a means to encourage affordable housing, including "alternative methods of fee payment for affordable housing" (Florida Statutes § 420.9076); and WHEREAS, the local Government Comprehensive Planning and Land Development Regulation Act (Fla. Stat. § 163.3161 et seq.) requires that counties adopt and implement a comprehensive plan that addresses multiple objectives, including public facilities and housing (Florida Statutes § 163.3177; and WHEREAS, when a comprehensive plan is adopted, Florida law requires that land development regulations must be adopted that implement the plan (Florida Statutes §§ 163.3202(1); see also 163.3167(1)(c); 163.3174(4)(c); 163.3194(1 )(b)); and Words underlined are added; words struck through are deleted. Page 3 of 28 Agenda Item No. SA June 28, 2005 ~age 12 of 36 WHEREAS, impact fees are a form of "innovative" land development regulation expressly authorized by Florida law (Florida Statutes § 163.3202(3)); and WHEREAS, impact fee deferrals are expressly required and authorized by the Collier County Growth Management Plan, Housing Element Policy 1.4, which provides in pertinent part: "[a]ffordable housing will be distributed equitably throughout the County using strategies which include, but are not limited to '" impact fee waivers or deferrals.. ."; and WHEREAS, the proposed amendments were reviewed and recommended for Board approval by the Collier County Affordable Housing Commission. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Article II, Subsection E in Section 74~201 of the Collier County Code of Laws and Ordinances is hereby repealed. SECTION TWO. Article II, Subsection (f) in Section 74-201 of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: (f) Fund reimbursement. Every county approved deferral or waiver of a water or sewer impact fee requires complete reimbursement and deposit of the entire amount deferred or waived into the applicable water or sewer trust fund(s) within 30 days of the deferr31 or waiver 3greement being signod on behalf of the Words underlined are added; words struok through are deleted. Page 4 of 28 Agenda Item No. 8A June 28, 2005 Page 13 of 36 countythe time period prescribed by ~ 74-401 of this Chapter, except for deferrals of less than seven years for multi-family affordable housing rental units. Ho\ve\'or, dDeferrals of le~£ than ßovon years for multi family affordable housing ;:e.AtéH units must not adversely impact the cash flow or liquidity of the water and/or sewer impact fee trust fund accounts and thereby frustrate or interfere with the then planned or then ongoing growth-necessitated capital improvements and additions to such water and/or sewer systems. Such an adverse impact may be determined by the public utilities division administrator whenever either of the two trust fund's individual reserve balances is in jeopardy of approaching (or actually has reached) less than a total of $600,000.00 of unappropriated and unencumbered funds. If the public utilities division administrator determines that the unappropriated and unencumbered funds in either of these accounts is then in jeopardy of approaching a level of less than $600,000.00, then the total number of such multi bmiJy affordable housing feAta{ units that may be approved in any such fiscal year (incJuding the fiscal year when the public utilities division administrator makes such a "funds in jeopardy" determination) for deferrals ~ for 1688 th3n Se'lÐn yearc) shall not exceed 225 units. This unit number limitation will continue so long as a determination of "jeopardy" exists, except that any of the 225 units not approved by an agreement in any fiscal year where funds are in "jeopardy" may be accumulated and rolled-over from one fiscal year to the next fiscal year until such time as the "jeopardy" determination ends. The number of deferrals qranted in a fiscal year where funds are in "jeopardy" may exceed 225 units, but only if an alternate fundinq source for the deferraJ is secured. Words underlined are added; words struck through are deleted. Page 5 of 28 Agenda Item No. 8A June 28, 2005 Page 14 of 36 SECTION THREE. Article II, Subsection (i) in Section 74-203 of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: (i) Impact fee waivers or deferrals available to charitable organizations and charitable trusts. These impact fees waivers are available only to eligible to not-far-profit, char¡table entities as specified herein. The cumulative total of all not-for-profit waivers in each of the county's fiscal years shall not exceed $100,000.00. If the total amount of impact fees waived pursuant to these provisions in a fiscal year is less than $100,000.00 (or is less than the higher total in the funding account for that fiscal year because of prior cash carrying-forward) some ar all of the sum of money not waived can be carried forward and thereby be added to the $100,000.00 funding for the next fiscal year. Neither impact fees collected by the county for educational facilities nor fire impact fees shall be waived under these provisions. * * * * * * * * * * * * (3) No construction that has obtained an affordable housing 'Naiverdeferral under this article shall be eligible for any waiver under these provisions. No construction that has been granted a waiver under these provisions shall be elígíble for any county affordable housing 'N3ivorsdeferrals. Words underlined are added; words struck through are deleted. Page 6 of 28 Agenda Item No. 8A June 28, 2005 Page 15 of 36 SECTION FOUR. Article IV of Chapter 74 of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: ARTICLE IV. AFFORDABLE HOUSING IMPACT FEE V\fAIVER OR DEFERRAL Sec. 74-401. Impact fee wai'..'er or deferral. (a) Applicability (1) Pursuant to the requirements established in this section and article IV, the county shall defer the payment of the impact fee for any new owner- occupied or rental development which Qualifies as affordable housing under this Article. (2) Any person seekinq an affordable housinq deferral for proposed development shall file with the county manaqer an application. for deferral. prior to receivinq a buildinQ permit for the proposed development. The application for deferral shall contain the followinq: a. The name and address of the applicant; b. An up to date. complete leqal description of the site upon which the development is proposed to be located; c. The maximum income level of the owner. or if the owner is a developer or builder, the income level of the household to which the dweliinq unit it to be sold or provided for occupancy; d. The square footaqe and number of bedrooms in each dwelfinq unit of the development. Words underlined are added; words struck through are deleted. Page 7 of 28 Agenda Item No. 8A June 28. 2005 Page 16 of 36 i I I I I i I' !, ¡ i \, I: I' I. ~: (3) If the proposed development meets the requirements for an affordable housino deferral as set forth in this Article. the county manaqer may, but is not required to, enter into an impact fee deferral aareement and is authorized to execute such deferral aQreements along with any correspondinq tri-party aQreement intended to further define re-pavment obliqations. as may be applicable. with the owner or applicant. The impact fee deferral aareement shall be accepted bv the county in lieu of prompt payment of the impact fee that would otherwise then be due and pavable but for the aQreement. (b) Qua/ifvinø Owner-Occupied Dwelling To qualify for an affordable housing ímpact fee wai\l8r or deferral, an owner-occupied dwelling unit must meet all of the following criteria: (1) The owner(s) or anticipated owner(s) of dwelling unit must have a very low, or moderate income level, at the time of final execution by the county of ª waiver or deferral agreement as those ìncome level terms are defined in section 74-402.:. (2) , and tThe monthly mortaaç¡e payment. includínq taxes and insurance, to purchase the unit must be within the affordable housing guidelines established in seotion 74400must not exceed 30 percent of that amount which represents the percentaae of the median annual aross income for the applicable household cateaorv as indicated in § 74-702. However. it is not the intent to limit an individual household's abilitv to devote more than 30 percent of its income for housina. and housina for which a household devotes more than 30 percent of its income shall be deemed affordable if the first institutional mortgaQe lender is Words underlined are added; words struck ttJroblgh aTe deleted. Page 8 of 28 Agenda Item No. 8A June 28. 2005 Page 17 of 36 sat¡sfied that the household can afford mortgaQe payments in excess of the 30 percent benchmark. (3) A dwelling unit shall qualify as "owner..occupied" it a. a written affirmation from the developer to the county guarantees that the requisite affordable housing units will be constructed, and b. the affirmation is in effect at the date of execution of the impact fee waiver or deferral agreement by the county~ and c. withìn 6 months from the date of issuance of the certificate of occupancy or the execution of the affirmation~ whichever is later, any option to purchase is exercised and the purchaser takes ownership of the Dwelling Unit. (4) If the purchaser fails to purchase the dwelling unit within the 6-month period, then: ª'- the waived or deferred impact fee must be immedi::1tely paid unless the d'.velling unit is sold to another qU31ifying o'Nneris considered in default as of the date that the fee would have been due without the deferral; and b. the applicant shall pay all of the impact fees, inc!udinq delinauency fees and interest datinq back to the date that the fees would have been assessed but for the deferral as provided in ~ 74-501. (9.~) The owner, or if there is more than one owner, both of the owners, must be a first-time home buyer. To qualify as a first-time home buyer, Words underlined are added; words struck through are deleted. Page 9 of 28 Agenda Item No. 8A June 28, 2005 Page 18 of 36 the owner must not have had an ownership interest in his/her primary residence in the past three years. (§.ð) The dwelling unit must be the homestead of the owner(s). (7) No more than thirty (30) deferral aqreements are permitted at any sinqle time for an individual developer. or for any developments that are under common ownership. For purposes of this subsection. "common ownership" means ownership by the same person. corporation, firm. entity, partnership. or unincorporated association; or ownership by different corporations. firms. partnerships, entities. or unincorporated associations, in which a stockbroker, partner. or associate. or a member of his familv owns an interest in each corporation. firm! partnership. entity. or unincorporated association. (QÐ) Qualifying Rental Dwellinas To qualify for an impact fee deferral, a dwellìng unit offered for rent must meet all of the following criteria: (1) The household renting the dwe!lìng unit, including any multi- family dwelling unit, must have a very low or low income level, at the commencement of the leasehold and during the duration thereof, as those terms are defined in section 74-402 and the amount of rent must GO within tho 3ffordable housing guidelines established in section 71 402. (2) The dwelling unit must be the household's permanent residence. Words underlined are added: words ßt!:HGk.-t~ are deleted. Page 10 of 28 - _.~----~.__._-- Agenda Item No. 8A June 28, 2005 Page 19 of 36 (3) In no instance shall rental limits exceed the rental limits established bv the F!orida Housing Finance Corporation for rents ad iusted to bedroom size in projects assisted under the. Florida HousjnQ Finance Corporation or any other local, state. or federal aQency. based on unit size. (f!.G) Re/Javment for Owner-OccUI)ied Units (1) All impact fees deferred for owner·occupied dwelling unit at the time the building permit was issued shall become due and payable and shaH be immediately paid in full to the county upon~ a. the sale of the dwelling unit to a non-qualjfied purchaser; or provided, howo'jer, if the impact fee deRmal W38 paid with State Hou~ing Initiatives Partnership (SHIP) Progr~m funds, payment Ylill be made to the county 3ffordable housing trust fund. b. refinancinQ of the purchase mortQaQe or loans secured by senior real property security instruments; or c. a loss of the homestead exemption under Section 4. Article X of the State Constitution. d. the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the county not later then the closinq of the sale. or not later then the effective date of the transfer. Words underlined are added; words struck through are deleted. Page 11 of 28 Agenda Item No. 8A June 28, 2005 Page 20 of 36 (2) Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5%} per annum, but no event shall it exceed twentv"five percent (25%) of the total fee amount. (3) Notwithstandinq anything in this subsection (d)(1) of this section 74-401, the director of the financia] administration and housina department of community development and environmental services division may waive the triaaerinQ of the obliQation to Day deferred impact fees due to a refinancina if the director determines that the refinancing is for improvements or repairs to the dwellinq that will enhance the value of the dwellinq, and is of such a nature as not to justify that the deferred impact fees should become due and pavable because of the sale, transfer. or refinancinQ. (Qd) Repavment for Rental Dwellina Units Deferred impact fees for rental dwelling units, including any multi-family dwelling units, single-family detached houses, modular homes (also known as residential manufactured buildings) and mobile homes (also known as manufactured homes) as defined in section 74-108 of this chapter, shall in all events be due and payable not later than six years and nine months after the execution of the impact fee deferral agreement by the county. Such fees shall be accelerated and automatically be due and payable prior to that time period if there is any breach of the subject impact fee deferral agreement by the non- county party. (1) To bo eligible for impact fee deferr31, a rental modular homo shall meet, as :) minimum, the then current standards of Ch3pter 553, Florida Words underlined are added: words struck through are deleted. Page 12 of 28 Agenda Item No. 8A June 28. 2005 Page 21 of 36 St:1tutes for homeownorship or rental, ~nd shall bear the department of community affaire;; insignÎ3 so~1 certifying that the structure is in compliance 'Nith the Florida Manuf-actured Buildings !\ct of 1979, as amended or Guper£.eded. (2) To be eligible for imp~ct f-oe doferral, a rental mobile home shall be constructed to then applicable st:mdards promulgated by the -United States Department-ef Housing and Urban Development (HUD) and shall bo~r a t'110 inch by four inch metal, roctangul3r rod and silver certification !:.lbe! on each section of the homo certifying that the home has been inspected in ~ccor:danGe HUD requirements and has been constructed in conformance '!lith f-oderal manufactured home construction and £.3fety standards in effect on the date of manuf.acture. (e) Any impact fees waived f{)r an o'.\'ner occupied d'Nelling unit at the time a building permit was issued shalJ become due ~nd p~yable and shall be immediately paid to the county if the dwelling unit is sold or transferred to :J. non qualifiod pu;chaser dUÀA€) tho 15 year period after the certificato of occupancy 'Nas issued for the dwelling unit. If the impact fee waiver was paid with State Housing Initiativos P~rtnership (SHIP) Program fHfH, S, payment v:ill be made to tho county affordable housing trust fund. If the d\·/elling unit is used as affordablo housing in compliance 'Nith thic article for 15 years after the date the certificate of occupancy waf, issued for the dwelling unit, the impact fees are no longer due and the lien on the subject property shall be released. (f) The pÐrcontage of the total jmp~ct fee 'Nhich chall be w:Jivod or doferred pursuant to this sectiDn for an owner occupied or rental ~ffordable Words underlíned are added; words struok through are deleted. Page 13 of 28 Agenda Item No. SA June 28. 2005 Page 22 of 36 i' I i I I ~ !. ¡[ housing dwolling unit, including ~my multi family dwelling unit, chall be the (1) Generallv. i i' ¡¡ Ii I: \: ¡, t: ,- \~ ~- f.' r ¡[ r, ~ þ ~ r I;. percentage set forth bolow. (I) Repavment Obliaations The impact fees waived or deferred shall be a lien on the property untiJ all requirements under this article and the agreement have been satisfied. (69) Rentals and o'.\'ner occupied dwolling units. a.fB Annually, the owner (i.e., lessor) of a rental dwelling unit, including any multi-family dwelHng unit, shall provide to the county manager an affidavit of compliance with the criteria set forth in this section. The affidavit must be filed within 30 days of the anniversary date of the issuance of a certificate of occupancy. If the affidavit is not filed on time the affiant shall pay to the county a $50.00 late fee. b. If the income of any unit renter which originally qualified as very low or low income level as defined in section 74-402 below exceeds the affordable housing benefit standards set forth in subsection {ç}f4- 4Q.2, by more than 40 percent, then the deferred impact fee shall become immediately due and payable by the owner or, in the alternative, the owner shall have 90 days to comply with the affordable housing standards set forth in this section 7"1 102 belew. Developments which are then monitored by the Florida Housing Finance Corporation, or any other state or federal agency, will not be - required to file this separate affidavit of compliance with the county manager. The Words underlined are added; words struck through are deleted. Page 14 of 28 Agenda Item No. 8A June 28. 2005 Page 23 of 36 applicant shall provide a true copy of these monitorinq reports to the County Department of Financial Administration and Housinq. (32) Owner-Occupied Dwelling Units If the household income of the qualified owner-occupied dwelling unit rises above the benefit standards for waivers ::md deferrals set forth in subsection 7-1 102 beIO'.v(b) of this Section, the owner shall maintain the waiver and/or deferral. Notwithstanding the foregoing, all outstanding impact fees waived or deferred shall be paid in full upon sale or transfer of the dwelling unit te a non qualified purchaser, except fur waived impact tem: 'Nhere the ovmer has complied with the 'Naiver or deferral agreement and the affordable housing criteria set forth in this article for 15 years after issuance of the certificate of occupancy. (gh) Deferral Aqreements The owner receiving an impact fee waivor or deferral shall enter into a waiver or deferral agreement of impact fee agreement with the countY:--ð separate deferral aqreement shall be executed for each QualifvinG owner~ occupied dwellinQ or qualifvìnQ rental dwellinq, While applicants are required to enter into a deferral aGreement in order to receive a deferral of impact fees, nothinG in this section requires the County to enter into a deferral aqreements. which The deferral agreement shall provide for, at a minimum, the following and shall further include such provisions deemed necessary by the board to effectuate the provisions of this article: Words underlined are added; words struok through are deleted. Page 15 of 28 Agenda Item No. 8A June 28, 2005 Page 24 of 36 (1) The legal description of the dwelling unit. (2) Where an impact fee 1J'.'aiver or deferral is given to an owner who will be selling or renting the dwelHng unit to a subsequent purchaser or renter, the development must be sold or rented to households meeting the criteria set forth in this article in order to maintain the waiver or deferral. Impact fee 'Nai'.'ers or deferr::Jlc paid for with State Housing Initiatives Partner£hip (SHIP) Program funds will only be granted dir.ectly to buyers moeting cernion 7~ -102'g qualifications and approval prior to building permit iS6u~mce. A d'.velling unit shall qualify as "owner occupied" if a written affirmation by the developer to the county guaranteos the requicite ::Jffordable housing units will be constructed, and tho affirmation is in affect 3t the date of execution by the county of the impact fee '.vaiver or deferral agreement and within 21 months from the date of issuance of the certific::Jte of occupancy or the execution of the affirmation, \\'hichever is later, any option to purchase is exercised :Jnd tho purchaser takes o'Nnership of the dweJling unit. If the purohaser fails to purchase the dv.'elHng unít-4Níthin the 21 month period, then the 't:aived or def-erred impact fee must be paid immedi3toly unless the £ubject property is sold to anot.t:ler qU:Jlífying owner. (3) For each such owner-occupied dwelling unit, the amount of impact fees deferred shall be paid to the county in full upon the sale or transfer to a non-qualified purchaser. If imp::1ct fees \\'ore paid '.vith State HOl.lsíng Initiatìve£ partnership (SHIP) Program funds, payment in full 'Nill be m3de to tho oounty :::\ffordablo housing trust fund. For rental units, including any multi-family dwelling unit, the impact fees deferred shall in all events be due and payable no later than Words underlined are added; words stFl:IGk through are deleted. Page 16 of 28 Agenda Item No. SA June 28. 2005 Page 25 of 36 six years and nine months after the execution by the county of the impact fee deferral agreement. Such fees shall be accelerated and thereby be automatically due and payable prior to that time period jf there is any breach in the subject impact fee deferral agreement by the non-county party. (4) For O'.vner occupied d'Nelling unite where impaot fesf: have been waì'.'sd, tho d'NoJling uAits must bo utilized by the original qualifying owner, or subsequent qualifying purchaser, 3S affordable houcing in compliance 'J/ith trns artiole for a 15 year period after tho certificate of Gccupancy is issued 3nd jf tho dwelling unit is sold to a non qualifying purchacer, the impact f-ect: shall be paid in full to the county before the closing becomes final. If not so paid, the obligation shall bo a lien on the dwelling unit under the following subsoGtjon. If imp::wt f008 were paid with State Housing Initi:::¡ti'les p:::¡rtnership (SHIP) Program fundG, repayment v:iIJ be mado to the county affordable housing trust fund. (1.é) The deferred and/or waived impact fees shall be a lien on the property. The whioh ¡¡en may be foreclosed upon in the event of non- compliance with the requirements of the agreement. The agreement described herein shall operate as a lien against the dwelling unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the county. In the caGe of a waiver, such reIÐ::1£o or satisfaction shall be filed 15 years after the issuance Gf. the certifioate of occup3ncy provided O'Nner acted in complìance with the agroemont or upon payment in full. In the case of a deforr~l, s§.uch release shaH be recorded upon payment in full. Neither the deferred and/or 't/aived impact fees nor the agreement providing for the waiver and/or Words underlined are added; words gtruak through are deleted. Page 17 of 28 Agenda Item No. 8A June 28, 2005 Page 26 of 36 deferral of impact fees shall be transferred, assigned, credited or otherwise conveyed from the dwelling unit. The deferrals aR€Ilef waivers of impact fees and the agreement thereto shall run with the land. (6) AnnuaJly, the ownor of a rental dwelling unit, including :my multi family dv.'elling unit, shaH provide to the county manager :m affida'.'it of compliance 'Nith the oriterÎ3 set forth in this 3rticle. TRo 3ffidavit must bo filed within 30 days of the ::mniverf:ary date of tho issuance of a oertificate of oooupanoy. If the affidavit is not filed on timo the affiant shall pay to the county a $50.00 late foe. If tho income of ::my home renter or duplex unit renter which originally qualified 3S vory low or low income level as defined in section 71 102 below exceeds the affordable hOl::: sing benefit standards set forth in section 71 '102 by more than '10 percent, then the deferred imp3ct foo !3hall become immediatoly due 3nd paY3ble by the owner or, in the 3 Itornative , the owner shall have 90 days to œmply with tho affordable Housing standards set forth in section 71 -102 belO'.v. Developments which are monitored by the Flo:-ida Housing Finanoe Corporation or similarly monitored by any other state, or foderal agency will not be required to file thjs separ3te affid3vit of compliance 'Nith the county manager. (7) (5) Upon satisfactory completion of the agreement's requirements, the county shall record any necessary documentation evidencing same, including, but not limited to, a release of lien. illª) In the event the owner is in default under the agreement, and the default ìs not cured withín 30 days after written notice is provided to the - Words underlined are added; words e:truck through are deleted. Page 18 of 28 Agenda Item No. 8A June 28, 2005 Page 27 of 36 owner, the board may at it§. sole option collect the impact fee amounts in default as set forth by article V, section 74-501, or bring a civil action to enforce the agreement or declare that the waived 0... deferred impact fees are then in default and immedjately due and payable. The board shaH be entitled to recover all fees and costs, including attorney's fees and costs, incurred by the county in enforcing the agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. (IS) The agreement shall be binding upon the owner's successors and assigns. (§.-iG) The agreement shall be recorded in the official records of the county at no cost to the county. (!!.i) CeilinQ on Deferrals (1) The aqqreqate amount of impact fee 'Naivers and deferrals granted pursuant to subsection (b) of this Section shall be limited, in total, to antRa amount appropriated by tho board at its final public hearing rog3rding the adoption of the annual county budget 3nd the :Jmount allocated to impact foe waivorc or derorr:Jls in the county housing assist3nce plan, 3£ established by chapter 111, article III of this Code. Foes '.vaived or deferred shall be paid by the board into the appropriate impact fee trust account within six years and nino months from the d3te of the award of a wajver ~md/or dofer-ral 3(; provided herein, but in no ovent, I3tor than tllat time 'Nhen that amount js nooded for a projoct funded by those impact feec waived or def.erred. Tho bO:Jrd shall pay into the appropriate impact fee trust account suoh :Jmounts equ31 to any impact f.ees Words underlined are added; words struck through are deleted. Page 19 of 28 Agenda Item No. SA June 28, 2005 Page 28 of 36 previously 'N::1ivod or doferred by the board, Iflithin six years and nine months from the date of such waivor, or deferr::1l, but in no event, later th::1n the time whon that amount is needed for ::1 project funded by those impaot fees 'Naived or deferred. Tho bO::1rd sh::111 pay into the appropriate impact feo trust account such amounts equ::11 to ::1ny imp::1ct foes pro':iously waived or dofDrrod by the board, within si>( years and nine months from the date of such w3i'ler, or deferral, but in no event, later than the time such amounts are noeded for a project funded by those imp::1ct fees W3ívod or def-erred. W3Îvers ::1nd def-err::1ls shall be issued in tho order th::1t completed qualifying applications are received by tho county m::1nager. I\t least 40 percent of the ::1mount budgeted for imp::1ct feo w::1ivers and/or deferrals must be utilized to fund impact foe wi1ivers and/or deferrals for single f::1mily owner occupied dwelling units serving tho vory low and 10\''0' income levols. not exceedinQ three percent (3%) of the previous years' total impact fee coUections. (2) Deferrals shall be available on a first-come, first-served basis. If the requests for deferrals exceed the number of deferrals available, the County ManaQer may allocate deferrals based on the extent to which the deferrals implement the Comprehensive Plan, or other criteria based on policies and procedures that may be adopted by the Board of County Commissioners. (3) The County Manager shall maintain a tracking system to ensure that the aqqreqate amount of impact fee deferrals do not exceed the deferral ceilinqs established in this subsection. Words underlined are added; words &truok through are deleted. Page 20 of 28 Agenda Item No. 8A June 28. 2005 Page 29 of 36 (Ii) Amendments Any changes or amendments to this article or the minimum funding requirements adopted in this article must occur as an ordinance amendment at a public hearing of the board of county commissioners. ak) EliaibJe Dweflína Unit Cateaories Agreements for the waiver or deferral of impact fees for affordable housing may only be approved for the following types of dwelling units: (1) Single family residences that are fully detached, and either owner-occupjed or rental dwelling units, or (2) Owner-occupied or rental dwelling units in a residential condominium, townhouse or duplex structure, or (3) Rental (leased) multi-family dwelling units. (4) Rental modular homes that meet, as a minimum. the then current standards of Chapter 553. Florida Statutes for homeownership or rental. and that bear the department of community affairs insiqnia seal certifyinq that the structure is in compliance with the Florida Manufactured Buildinqs Act of 19791 as amended or superseded. (5) Rental mobile homes that are constructed to then app jcable standards promulqated by the United States Department of Housinq and Urban Development (HUD) and that bear a two inch bv four inch meta/, rectanqular red and silver certification label on each section of the home certifvinq that the home has been inspected in accordance HUD requirements. and that have been Words underlined are added; words strucl{ through are deleted. Page 21 of 28 Agenda Item No. SA ,.Iune 28, 2005 Page 30 of 36 I Ii 1 ! I t constructed in conformance with federal manufactured home construction and safety standards in effect on the date of manufacture. (l5l) Aoartment Comolexes/Multi-Familv Dwellina Units Notwithstanding any provisions elsewhere in this chapter to the contrary, any owner that develops an affordable housing rental apartment complex consisting in whole or part of multi-family dwelling units serving very low and/or low income levels and meeting all requirements, and subject to all conditions, of this article shall be entitled to defer 100 percent of the impact fees applicable only to such rental multi-family dwelling units serving very low and/or low income levels if: (i) all such deferred impact Fees are paid on or before the end of six years and nine months from the date such impact fees are deferred; and (ii) the rental apartment development shall remain affordable housing qualified (under this article) for a minimum of 15 years. (!J Sinale Familv. Detached Residences and Duolexes Impact fee waiverc or deferrals for only single family, detached residences, or duplexes, as owner occupied dwelling units, will automatically be subordinate to the owner's first mortgage and/or any government funded affordable housing loan such as SAIL or HOME loan. Impact fee \\<aivers or deferrals may also be similarly subordinated in the case of rental dwelling units, including any multi-family dwelling units, but only if the owner provides additional security satisfactory to the county such as additional or substitute collateral in the Words underlined are added; words struck through are deleted. Page 22 of 28 ""<n_'P"""" ,.... ..... ..... .,···.__,,_~~w Agenda Item No. SA June 28. 2005 Page 31 of 36 form of cash or cash equivalent financial instruments which will yield the full amount of the deferred impact fees when they may become due and payable. (m) ¡imina of Payment Any units meeting the requirements of this subsection that are sold below the maximum home sales price in Collier County for Florida Housing Finance Corporation Programs, or qualify for and enter into an approved waiver or deferral agreement shall not be required to pay the impact fees applicable for the unit or building any sooner than issuance of the building permit for construction or as may otherwise be set forth in such waiver or deferral agreement. In order to obtain a certificate of adequate public facilities concurrently with the issuance of the final site development plan or plat.. the applicant shall first enter into an approved wai'/sr or deferral agreement with Collier County or provide a notarized affidavit to the county manager, which must include the following: (1) Name of project, legal descripUon and number assigned by Collier County to the development order; (2) Name of applicant and owner. if different; (3) Number of dwelling units; (4) Statement of intent that the subject dwelling unit sales price will meet the afford ability guidelines of the Florida Housing Finance Corporation for Collier County. Words underlined are added; words strucl, threYgR are deleted. Page 23 of 28 Agenda Item No. 8A June 28, 2005 Page 32 of 36 (ÐW Certificate of Occupancy Requirements on Filing of Affidavit Prior to the issuance of a certificate of occupancy for individual dwelling units which have provided the foregoing affidavit instead of entering into a waiver 9f deferral agreement with Collier County, the applicant must also provide a copy of the executed sales contract to the county manager demonstrating a qualifying sales price. A copy of the closing statement demonstrating a qualifying sales price wHl be provided to the county manager within ten days of the closing of the sale of each qualifying dwelling unit. (gp) Violations Failure to adhere to the requirements set forth by this section may result in the impact fees becoming immediately due and payable and payment being considered delinquent from the date of the notarized affidavit and then becoming subject to the collection provisions provided for in article V, section 74-501, including payment of delinquency fees and interest. (p) Transitional Provisions The followinq provisions apply to any impact fee deferrals or reimbursements that were qranted prior to July 1, 2005: (1) Anv deferral aqreement that was executed príor to July 1. 2005. shall continue in effect in accordance with its terms consistent with the requirements in effect at the time that the deferral aqreement was executed. (2) If reimbursement is required pursuant to an impact fee deferral or waiver that was paid with State Housina Initiatives Partnership (SHIP) Words underlined are added; words struc:k through are deleted, Page 24 of 28 Agenda Item No. 8A June 28. 2005 Page 33 of 36 ProQram funds, payment will be made to the county affordable housinq trust fund. Sec. 74-402. Affordable housing definitions, bcncm standards and limitations. «3) The following sets forth the applicable definitions and bonofit stand3rds for affordable housing dwelling units for the purpose of detormining eligibility for impact fees 'Naivers and deferrals (heroin referred to as "bonefits"). (1) Definitions of affordable houcing income groups. li!la. "Very, very low income families" means familíes whose incomes do not exceed ~35} percent of the median income for the area as determined by the Secretary of the U.S. Department of Housing and Urban Development. í!ùb. "Very low income families" means families whose incomes do not exceed 50 percent of the median income for the area as determined by the Secretary of the U.S. Department of Housing and Urban Development. Í£l&' "Low income families" means families whose incomes are more than 50 percent but do not exceed 80 percent of the median income for the area as determined by the Secretary of the U.S. Department of Housing and Urban (d) "Moderate income families" means families whose incomes are ~ ~ 1 ¡ .~ '. " Development. more than 80 percent but do not exceed 120 percent of the median income for the area as determined by the Secretary of the U.S. Department of Housing and Urban Development. Words underlined are added; words struck through are deleted. Page 25 of 28 Agenda Item No. 8A June 28, 2005 Page 34 of 36 In no instmce shall rental limits exceed the rental limits established by the Florida Housing Finance Corpor:Jtion fur rents adjusted to bearoom size in projects m:si£tcd under the, Florida Housing Finance Corpor3tion or any other local, state, or federal agency, based on unit Gize. (2) Benefit standards. a. Affordable housing <Y.Nner occupied dwelling units which exclusivoly serve very, very low aRd very low income families ::md \.'·Jhich are-tAe owner's homestead shall have 100 percent of the applicable impact fee 'l.'aived pursuant to tho t-erms hereof. b. Affordable housing rental dwelling units which exclusively serve very, very low, very 10'N or low incomo f3milies shall have 100 percent of the applicable imp3ct feo deferred pursuant to the terms hereof. c. Affordable housing CYNner occupied dV.'8l1ing units which oxclusively serve low income fumilies and whìeh are the owner's homestead shall have 100 percent of tho applicable impact fee deferred pursuant to the terms hereof. d. Devolopment which meets the criteria Eet forth in subsections 71 101(3) and (b) constructed by an agency of Collier County or by 3n independent governmental agency pursuant to ::m interlocal agreement 'Nith Collier County and which com:truction is 100 percent government funded shall have 100 percent of the imp3ct fees for that com:truction w:Jived, pursuant to the terms hereof. Words underlined are added; words E:trLJck through are deleted. Page 26 of 28 Agenda Item No. 8A June 28. 2005 Page 35 of 36 SECTION FIVE: CONFLICT AND SEVERABILITY. In the event this ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION SIX: 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 relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION SEVEN: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Florida Department of State. Words underlined are added; words struck through are deleted. Page 27 of 28 Agenda Item No. 8A June 28, 2005 Page 36 of 36 PASSED AND DULY ADOPTED by a vote of a majority plus one of the Board of County Commissioners of Collier County, Florida, this day of 12005. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Deputy Clerk By: FRED W. COYLE, Chairman ~a;zand Patrick G, White Assistant County Attorney Words underlined are added; words struck through are deleted. Page 28 of 28 Agenda Item No. 88 June 28, 2005 Page 1 of 45 - EXECUTIVESUNrndARY CU-2004-AR-696S, Kelly Michele Smith, Project Planner for Davidson Engineering, Inc., representing Florida Homes of Collier County, Ine., requests a Conditional Use, as identified in Section 2.04.03 ofthe Collier County Land Development Code of the Estates Zoning District for the purpose of a model home sales center. The property to be considered for the Conditional Use is located at 12815 and 12825 Collier Boulevard, which is located at the Northwest comer of 13th Avenue S.W., and Collier Boulevard (CoR. 951), which is in Unit 26, Tract 118, Golden Gate Estates, in Section 15, Township 49 South, Range %6 East, Collier County, Florida. This property consists of 5 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 to be consistent with the Growth Management Plan, compatible with the Land Development Code (LDC), and in the best interest of the surrounding community. CONSIDERATIONS: .- The petitioner seeks a Conditional Use pursuant to Section 2.04.03 of the Collier County Land Development Code of the Estates (E) zoning district to allow for an extension of a model home sales center for an additional two years. Two temporary use pennits were issued to Florida Homes of Collier County, Inc in 1999 for two model homes for a three-year period. FISCAL IMPACT: The county collected the impact fees at the time the building pennits (#1999020763 and 1999020748) were applied for. No additional impact fees will be due. GROWTH MANAGEMENT IMPACT: Approval of this Conditional Use will not affect or change the requirements of the Growth Management Plan. The petitioner's request is consistent with the recently adopted amendments to the Golden Gate Area Master Plan (GGAMP) that included text revisions to reflect that the Conditional Use Locational criteria were not intended to apply to the model home provisions of the LDC. .- Exceutive SllllUlUllY1 CU-20040AR-696S Page 1 of 4 Agenda Item No. 88 June 28. 2005 Page 2 of 45 ENVIRONMENTAL ISSUES: The environmental staff's analysis indicates that the subject property consists of no significant environmental conditions. There are no environmental issues associated with the project. ENVIRONMENTAL ADVISORY COUNCR. ŒAC) RECOMMENDATION: The Environmental Advisory Council did not review this petition based upon the fact that this property will not be developing any further than what had been previously approved. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The scheduled hearing for the June 2, 2005, CCPC meeting was continued to June 16, 2005. The CCPC recommended approval ofCU-2004-AR-6965, with the following conditions: 1. This Conditional Use approval shall expire two (2) years from the approval date of this petition by the Board of Zoning Appeals. 2. The Zoning and Land Development Review Director 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 applicable County ordinances in effect at the time of submittal, including Division 10.02.03, Site Development Plan Review and Approval, of the Collier County Land Development Code (Ordinance 2004-41) 3. If during the course of site clearing, excavation, or other construction activities, an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and protected pursuant to requirements contained in Subsection 2.03.07.E of the Land Development Code. 4. Pursuant to Section 5.04.04.B.2 of the Land Development Code, the model home or model sales center is not intended to allow the full scope of real estate activities and shall be restricted primarily to the sale and marketing of the model, or products similar to the model. A model home shall not include offices for builders, contractors, developers, or similar activities. 5. The Conditional Use approval to allow a sales center consisting of two model homes is limited to the site plan identified as "Florida Home Model Center" prepared by Davidson Engineering, Inc., stamped "Received 5/12/05". 6. A sidewalk shall be designed and constructed, per LDC requirements, along the entire frontage of this property on 13th Street S.W. within six months of the approval date of this request. A Right-of-Way pennit will be required from the County Department of Transportation. -". Executive Summary! CU-20040AR-696S Page 2 of 4 Agenda Item No. 88 June 28, 2005 Page 3 of 45 The vote was 4-yes and 3-no. The Planning Commissioners with dissenting votes were concerned that the existing model home center had operated for a time period, which exceeds the CUlTent allowable time period for a model home sale center in the Golden Gate Area Master Plan. LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a detennination 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 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 sUlTOunding 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 with the addition of the recommended stipulations. 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 BCC approve petition CU-2004-AR-6965 with the following conditiom: 1. This Conditional Use approval shall expire two (2) years from the approval date of this petition by the Board of Zoning Appeals. 2. The Zoning and Land Development Review Director 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 applicable County ordinances in effect at the time of submittal, including Division 10.02.03, Site Development Plan Review and Approval, of the Collier County Land Development Code (Ordinance 2004-41) 3. If during the course of site clearing, excavation, or other construction activities, an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and protected pursuant to requirements contained in Subsection 2.03.07.E ofthe Land Development Code. .......".. Executive Summary! CU-20040AR-ó965 Page 3 of 4 Agenda Item No. 88 June 28,2005 Page 4 of 45 4. Pursuant to Section 5.04.04.B.2 of the Land Development Code, the model home or model sales center is not intended to allow the full scope of real estate activities and shall be restricted primarily to the sale and marketing of the model, or products similar to the model. A model home shall not include offices for builders, contractors, developers, or similar activities. 5. The Conditional Use approval to allow a sales center consisting of two model homes is limited to the site plan identified as "Florida Home Model Center" prepared by Davidson Engineering, Inc., stamped "Received 5/12/05". 6. A sidewalk shall be designed and constructed, per LDC requirements, along the entire frontage of this property on 13th Street S.W. within six months of the approval date of this request. A Right-of-Way permit will be required from the County Department of Transportation. PREPARED BY: Michael 1. DeRuntz, C.F .M., Principal Planner Department Of Zoning And Land Development Review ".'_..... Executive Summary! CU-20040ARoÓ965 Page 4 of 4 Item Numb.r Item Summ.ry Meeting Da.. Agenda Item No. 88 June 28. 2005 Pago 5 of 45 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 88 ThiS item requires that all participants t'1ð sworn In and ex parte disclosure be provided by Commission members. CU-2004-AR.6965, Kelly Michele Smith, Project Planner tor Oll/idson Engineering.lnc.. representing Florid8 Homes of Collier County, Inc.. requests. Section 2.04.Q3 of the CoHier County Land Development Code oftne Estates Zoning District for the PUrpO!&8 of' model home '58le9 eel'ller. The prQperty 10 be considered fOJ the Condllionaf Use Is IC'lCBIe:d at 12B15 and 12825 Comer Boulevard being loc:ated at the Northwest corner of 13th Avenue S,W. and CoJlít'lrBoulevard (C,R. 951), whfcl1 Is Unit ::'6, Tree! 11B. Golden Gste Eslatl!ls, In SeC1ion 15, Township 49 South. Range 26 east, Collier County Floridll. Thiø property CMsl$t'S of 5 Beres 6/28/20059:00.00 AM Prep.red By 6/8120051:12:24 PM Con~Þnc~ A. John"on Community Development & Environmutlt.1 Services Dat. Operatîonl Analy.t Community Development & Envbonl1'\lllntnl Snrvicea Admin. Chief Phllnner Date Approved By RIIY Bellows. Community Developn¡ent & Environment..1 Servic.l!s Zoning & Lund Duvelopmorl1 Rttví~w 6I8I200~ 10:48 AM Sandra Lfu_ Dllte Approved By COn1I'Ouoity Development & Envíronrnental Sel'Yictts E:Utc:.ut;ve Secm1.ry Community Development & EnvÎrol\ment.1 Service, AdnlÍn. 6113120053;13 PM Norm E. Fadnr, Aiel' DaI. Approved By Tnmuporti )n S.rvic:...n Transportation Dwi$l.lon Admln..hator Trat1lsportation St~tvir.:lul Admin, 61141Z00~ 6:30 PM Approved By Petrick G, I^Ihlte County Attorney Anis:tsflt County Attorney Date County Attorney otfÎCIt 6/16/20063;11 PM Date Approved By SUSän MLlrf~y, AICP Community Development & ErntÎronmental SftlViçes Zoning & LAnd P"veloJltmtUt OheÇ1of Zoning & Land DeulC'lprn..nt Royil!!w 6117/200111:61 AM Date Approved By Constancu A. Johnson Comrnunitv OllvnloJlm.nt & Enyiranment.l Servi<:es Operation.. AnalY4t Community Dnvelopment &. E.nvironmental SnrvicUf ~d"'¡fI, 8/11120051:48 PM Oate Approved By Jo..,ph K, Schmitt Cornmuni1y Ollvilt;loJlment & Environmental Servlc6.$ Community Development & Environmental Servicea Adminatrator Community DovCllopment & Environmffntal Sarvic-cta Admin. 6117/2005 9:~4 PM Adtninls:trotl....o A$I.jtl1ant DIKe Approved By OMB C()()rdinntor County Manager'!!. Office Office of Man&Vemant & Budget 6/201200810;60 AM Date- Approved By Michael Smykowskl County MnnUUltr'~ O"Üm Managœment & Bud'IJet Dinrctor Orth:.ct of M.n_4eft1lmt .. Budget 6120/20061:21 PM Count)' Manag.r Date Approved By J.ITle~ V. Mudd Board of Co~nty Commlssionaf'i¡ County Manager', OlTíce &122120056:56 AM Agenda Item No. 88 June 28, 2005 Page 6 of 45 Co'lN:r County - '-~ - STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: JUNE 16,2005 SUBJECT: PETITION CU-2004-AR-6965, FLORIDA HOMES MODEL CENTER PROPERTY OWNER/AGENT: OWNER: Florida Homes of Collier County, Inc 4075 Pine Ridge Ext. Suite 4 Naples, FL 34119 AGENT: Kelly Michele Smith Davidson Engineering, Inc. 2 154 Trade Center Way, Suite 3 Naples, FL 34 I 09 REQUESTED ACTION: To have the Collier County Planning Commission consider an application for Conditional Use approval in order to continue the operation of a model home sales center in accordance with the requirements of Section 2.04.03 of the Collier County Land Development Code (LDC). GEOGRAPIDC LOCATION: The subject property is located at the northwest corner of the Collier Boulevard and 13th Avenue SW intersection. It is further described as Tract 118, Golden Gate Estates, Unit 26 in Section 15, Township 49 South, Range 26 East, Collier County, Florida (See Location Map, Exhibit 1,). The address of the subject property is 12815 and 12825 Co1lier Boulevard. CU-2005-AR-6965 MAY 19, 2005 CCPC Meeting Page 1 of 8 Agenda Item No. 88 June 28, 2005 Page 7 of 45 - PURPOSEIDESCRIPTION OF PROJECT: Florida Homes of Collier County, Inc., owns the subject 5-acre site, which comprises two model homes, and an interconnecting driveway with a small paved parking area in &ont of each model home. A vacant guesthouse is also located on the western third of the property. Two Temporary Use Permits were issued to Florida Homes of Collier County, Inc for use of the existing structures as model homes in 1999 for a period of three years. The "Certificate of Occupancy" was issued on June 1, 1999. The Temporary Use Permits for the model home expired on June 1, 2002, but the single-family residential structures have been continuously used as a model home sales center. The petitioner submitted this application for a Conditional Use on December 23, 2004. The petitioner now seeks a Conditional Use for a model home and sales center for a period of two years. As depicted on the Aerial Map, the subject property is partially wooded, while the access to the model homes and parking area is from 13tli S1. S.W (See Site Plan, Exhibit 2). SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: Two model homes and a vacant guest house, zoned Estates "E" SURROUNDING: North: East: South: West: Single-family residence, zoned Estates "E" Collier Boulevard (County Road 951), then South Florida Water Management District (SFWMD) canal, zoned Estates "E" 13th Avenue SW, then model home sales center, zoned Estates "E" Single-family residence, zoned Estates "E" GROWTH MANAGEMENT PLAN CONSISTENCY: Comprehensive Planning staff has reviewed this request and offered the following comments: The subject property is designated Estates (Estates-Mixed Use District, Residential Estates Subdistrict) on the Golden Gate Area Master Plan (GGAMP) Future Land Use Map of the Growth Management Plan. The Estates designation penn its Conditional Uses (CUs) as follows: a) Essential Service CUs throughout GGE: b) "E" zoning district CUs along Golden Gate Pkwy, and on the west side ofCR-951, when abutting CUs on both sides; c) "E" zoning district CUs adjacent to Neighborhood Centers; and, d) Transitional CUs ("E" zoning district CUs) for sites abutting certain non-residential uses and subject to additional criteria. e) Special Exceptions to Conditional Use Locational Criteria CU-2005-AR-6965 MAY 19. 2005 CCPC Meeting Page 2 of 8 Agenda Item No. 88 June 28. 2005 Page 8 of 45 37 -'Ii ,,~ ~, ~ ~ '" .., If: 97 I~ 113 V1 y:J 11TH A'IoE ~UE SOW. n, ìii at I'~ r/. U2& d a ... '"" u C7 ca 4t !IO I~ .1 t!I lIS "1 a: ~ It .JI ~ ;sr :If ~a ~~ :Ð .:z! .11 øa IDt a a:I 117 ffi E I SUBJECT PROPERTY ~ :J 50\'(. I ¡ I ;;;. g 1JlH VENUE: II. GIlt 201 J!!I II 27 . II JC U III 'DO lID I.I1C1 11 II 10 It I~ I! " IT . IIrI 11!. PUD' FP&lL SUB STA llON 15TH AVENUE !Ui. 4 ~.Il~ 4 4 , a ! I ; Ig I.I!II 1!T 1!11 7.1 ~~r U . P4I PU ÙSUNGA-n: II CEIITE~ .Vv . \jI(IoIoN --.. 5 ~ ~ i. z: < ~ .!J ZONING MAP - EXHIBIT 3 CU-2005-AR-6965 MAY 19. 2005 CCPC Meeting Page 3 of 8 Agenda Item No. 88 June 28,2005 Page 9 of 45 AERIAL MAP - EXHIBIT 4 Temporary Use (TU) permits for model homes, as defined In the Collier County Land Development Code, may be allowed anywhere within the Estates-Mixed Use District. Conditional Use permits submitted for the purpose of extending the time period for use of the structure as a model home shall not be subject to the locational criteria of the Conditional Uses CU-2005-AR-6965 MAY 19.2005 CCPC Meeting Page 4 of B Agenda Item No. 88 June 28, 2005 Page 10 of 45 Subdistrict, and may be allowed anywhere within the Estates-Mixed Use District. Temporary Use penn its for model homes shall have a duration of three (3) years from the date of approval. No subsequent issuance of a Conditional Use permit shall be for a duration exceeding two (2) years. The total time period for Temporary Use and Conditional Use penn its together shall not exceed five (5) years." The other applicable element of the GMP for which a consistency review was made is the Transportation Element. Staff has reviewed this petition and has detennined that the traffic generated from the proposed Conditional Use will be less than three percent of the traffic volume on Collier Boulevard. Collier Boulevard is scheduled to be widened in 2005. This property is also likely to be impacted even further with a right-turn lane for 13th Avenue SW. Access to both properties is via a single driveway that is shared by both structures. This driveway connects with 13th Avenue SW. At the time these structures are converted to single- family residential uses, access to the northernmost property will need to be via Collier Boulevard, and a right-of-way permit will need to be acquired for that connection. Therefore, this project is consistent with Policy 5.1 and 5.2 of the Transportation Element (TE). CONCLUSION: Based upon the above analysis and the interpretation, staff concludes the proposed model home CU for the subject site can be deemed consistent with the Golden Gate Area Master Plan. ANALYSIS: 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; 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 continue to be provided via 13th Avenue SW. The County Transportation Department has scheduled the widening of Collier Boulevard (C.R. 951) to six lanes in 2006. All of the improvements to Collier Boulevard (C.R. 951) in this area will take place entirely on the west side of the South Florida Water Management District canal. A sidewalk exists on this portion of Collier Boulevard. The Transportation Department has requested that the owner of the property construct a six-foot wide sidewalk, constructed to the County's minimum standard, along the entire frontage of 13th Avenue SW for this property. CU-2005-AR-6965 MAY 19,2005 CCPC Meeting Page 5 of 8 Agenda Item No. 8B June 28, 2005 Page 11 of 45 ,--' 3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. The site is well buffered between other uses and should not produce any glare, noise, or obnoxious odors. A distance of approximately 70 feet separates the existing structure from the adjoining property to the north, and 360 feet from property to the west. To date there has been no evidence of any negative impacts to surrounding properties or any complaints from the neighbors. 4. Compatibility with adjacent properties and other property in the district. The proposed use is not incompatible with the surrounding neighborhood, which includes other model home and sales centers to the north, south, and east .The subject property is well buffered since approximately one-half of the property is undeveloped and partially wooded. Traffic and noise impacts will not be significant. The model homes and sales centers are similar to a single-family residential structure and wil1 be used as a single-family residence after expiration of the model home and sales center use. EAC RECOMMENDATION: The Environmental Advisory Council did not review this petition because the site is under the size threshold (10 acres) to require and Environmental Impact Statement. NEIGHBORHOOD INFORMATION MEETING: The agent for the applicant scheduled and advertised the NIM as required for 5:30 P.M. on March 17, 2005 at Florida Homes of Collier, Inc. model home sales center, 12825 Collier Boulevard. The applicant's agent and county staff were present and one neighbor walked over from the property located to the northwest of the model site. The agent for the applicant did not have an entry key for the building and the applicant did not arrive. The agent and staff remained outside until 5 :45 p.m. and no one else arrived. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPe) forward a recommendation of approval to the Board of Zoning Appeals (BZA) concerning Petition CU- 2004-AR-6965, subject to the following conditions: 1. This Conditional Use approval shall expire two (2) years from the approval date of this petition by the Board of Zoning Appeals. 2. The Zoning and Land Development Director 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 applicable County ordinances in effect at the time of submittal, including Division CU-2005-AR-6965 MAY 19, 2005 CCPC Meeting Page 6 of 8 Agenda Item No. 88 June 28, 2005 Page 12 of 45 10.02.03, Site Development Plan Review and Approval, of the Collier County Land Development Code (Ordinance 2004-41) 3. Pursuant to Subsection 2.03.07.E of the Land Development Code, if during the course of site clearing, excavation, or other construction activities 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. 4. Pursuant to Section 5.04.04.8.2 of the Land Development Code, the model home or model sales center is not intended to allow the full scope of real estate activities and shall be restricted primarily to the sale and marketing of the model, or products similar to the model. A model home shall not include offices for builders, contractors, developers, or similar activities. 5. The Conditional Use approval to allow a sales center consisting of two model homes is limited to the site plan identified as "Florida Home Model Center" prepared by Davidson Engineering, Inc., stamped "Received 5/12/05". 6. A sidewalk shall be designed and constructed, per LDC requirements, along the entire frontage of this property on 13th Street S.W. within six months of the approval date of this request. A Right-of-Way permit will be required from the County Department of Transportation. CU-2005-AR-6965 MAY 19, 2005 CCPC Meeting Page 7 of 8 Agenda Item No. 88 June 28, 2005 Page 13 of 45 - PREPARED BY: MICHAEL J. DE RUNTZ, C.F.M., PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE REVIEWED BY: RAY BELLOWS, ZONING MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE SUSAN MURRAY, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE Collier County Planning Commission: RUSSELL A. BUDD, CHAIRMAN DATE Staff report for the June 16,2005 Collier County Planning Commission Meeting Tentatively scheduled for the June 28, 2005 Board of County Commissioners Meeting Attachments: A. B. e. Findings of Fact Conceptual Master Plan Conditions of Approval CU-2005-AR-6965 MAY 19, 2005 CCPC Meeting Page 8 of 8 · . Agenda Item No. 88 June 28, 2005 Page 14 of 45 --...--- CU-2004-AR-6965 Project #2004030051 Date: 12/23/04 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) Florida Homes of Collier County. Inc. Applicant's Mailing Address 4075 Pine Rid2e Ext. Suite 4 City Naples State FL Zip 34119 Applicant's Telephone # 239-455-3108 Fax # 239-455-3499 Applicant's E-Mail Address: N/A Name of Agent Kellv Michele Smith Firm Davidson EnlPneerin~ Inc. Agent's Mailing Address 2154 Trade Center Way. Suite 3 City N ~ples State FL Zip 34109 Agent's Telephone # 239-597-3916 Fax # 239-597-5195 Agent's E-Mail Address:Kellv@davidsonengineering.com · Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure . that you are in compliance with these regulations. APPUCATION FOR PUBLIC REARING FOR CONDITIONAL USE _ 4/14103 , . COLLIER COUNTY COMMUNITY DEVELOPMENT . PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-24001FAX (941) 643-6968 Agenda Item No. 88 June 28, 2005 Page 15 of 45 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: Golden Gate Estates Civic Association Mailing Address City State _ Zip 2 . Disclosure of Interest Information: a. If the property is owned fee simple by an INDIViDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). . Name and Address Percentage of Ownership . APPUCATlON POR PUBUC REARING JI'OR CONDmONAL USE _ .cJ14103 - -.-.-----_._------_.-."-.---_. , . b. Agenda Item No. 88 June 28, 2005 If the property is owned by a CORPORATION, list the officers and stockhdldD~ 45 the percentage of stock owned by each. Name, Address and Office George A. Schmaeling Bettv J. Schmaeling George M. Schmaeling Debbie A. Rodgers 4075 Pine Ridile Road. Suite 4 Naples. FL 34119 Percentage of Stock 37% 37% 13% 13% c. If the property is in the name of a TRUSTEE, list the œneficiaries 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 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: APPLICATION FOR PUBLIC HEARING FOR CONDITIONAl. USE _ .u14103 . ---.------ .--------~..--_..._--~._----- - ._---_.~-- Agenda Item No. 88 June 28. 2005 f. If any contingency clause or contract terms involve additional ,partieS;alj.et1ã11f45 individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property acquired (6/29/04) leased (): Term oflease yr .Imos. If, Petitioner has option to buy, indicate date of option: temrinates: , 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 leila!' delcrlDtion of the DrODertv covered bv the .DDlieadon: (If space is inadequate, attach on separate page.) If request involves change to more. than one zoning district, include separate legal description for propertý 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: 15 Township: , 1racJ- rl8 ~ NfA Block: N/ A 49 RBnge: 26 Subdivision: Golden Gate Estates U f)1 +- ø2LP Plat Book N/A Page#: N/A Property I.D .#:3 7931 040005 Metes & Bounds Descriptiòn: see attached survey 4. Size of DrODertv: 330 ft. X 660 ft. = Total Sq. Ft. 217.800 Acres 5 5 . Address/eenerallocation of subject DrODertv: comer of C.R. 951 & 13d!. Ave SW 6 . Adl.cent zomll and land use: Zoning N E S ROW ~e B ROW~£ w E Land use Developed single family 13th Ave SW Collier Blvd Developed sin J1e family APPUCATlON FOR PUBLIC HEARING FOR CONDmONAL USE - 4114103 Agenda Item No. 88 June 28, 2005 Page 18 of 45 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). N/A Section: Township: Range: Lot: Block: Subdivision: Plat Book Page #: Property I.D.#: Metes & Bounds Description: 7. Tvoe of Conditional Use: This application 1.·S reqUeStin~nditiOna1 je # -2-of the -IL- district for (TYPB OF USE) Model Home·Sales Center . . ý ~c; .. . , Present Use of the Property: Model Home Sales Center 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, staffs 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 CoWer County Land Development Code and Growth Management Plan {include information on how the request is consistent with the appUcable section 'or portions of the future land use element: The requested conditional use is for a model home sales center. The subject property is within the Estates Designation on the Golden Gate Area Master Plan. This designation allows for future non-residential uses, including conditional uses subject to the Land Development Code. Policy S.4 of the Growth Management Plan Future Land Use Element requires all new developments to be compatible with and complementary to the surrounding land uses, subject to meeting the compatibility criteria of the Land Development Code. The requested conditional use is compatible with the surrounding residential land uses. b. Describe the existing or pÙlnned means of ingress and egress to the property and proposed structure thereon with particuÙlr reference to automotive and pedestritln APPUCATlON FOR PUBLIC BEARING FOR CONDITIONAL USE - 4/14103 Agenda Item No. 8B June 28, 2005 safety and convenience, tl'R/Jic flow and control, and access in case 0",tiJl!e1 iI"f 45 catastrophe: The subject property is currently developed with two (2) model homes and one (1) vacant house. Ingress and egress to the subject property ftom 13th Avenue SW exists at this time. c. Describe the effect the conditional use will Iuzve on neighboring properties in relation to noise, glare, economic impact and odor: The requested conditional use is for a model home sales center, which has operated :trom this location for 2 years. No impact with relation to glare, noise, economic impact or odor is anticipated. d. Describe the siú's and the proposed use's compatibUiIy with adjacent properties and other properties in the district: The· subject property is located on the comer of Collier Blvd and 13th Avenue SW and is zoned Estates. The adjacent properties are developed with single family homes· and there are several model homes within the area. e. Please provide any additional in/ormation which you may feel is relevant to this request. The model home sales center has existed at this location for 2 years. In that time no code enforcement complaints or violations have beeri filed. 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 DetJ.t1ons OR the subject Drooertv: 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? N/A 11. Additional Submittal reouirements:' 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' x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; . all existing and proposed structures and the dimensions thereof, . provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), APPLICATION FOR PUBLIC BEARING FOR CONDmONAL USE - 411104103 ·, . Agenda Item No. 88 June 28, 2005 Page 20 of 45 . · 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 (BIS), 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 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); f; A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; g. 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); b . 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 Commissionen. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. APPLICATION FOR PUBLIC HEARING FOR CONDmONAL USE _ 4/14/03 Agenda Item No. 88 June 28,2005 Page 21 of 45 -.--' ---.. CU-2004-AR-6965 Project #2004030051 Date: 12/23/04 MIKE DeRUNTZ STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REOUEST 1. NAME· OF APPLICANT: Florida Homes of Collier. Inc. 2 . MAll.ING ADDRESS: 4075 Pine Ridse Road Ext. Suite 4 CITY Naples ZIP 34119 3. ADDRESS OF SUBJECT PROPERTY (IF A V AD..ABLE): 12825 Collier Blvd. 4. LEGAL DESCRlYfION: Section: 15 Township: 49 Range: 26 Golden Gate Estates Lot: Nt A Block: Nt A Subdivision: Plat Book Nt A Page #: Nt A Property I.D.N: 37931040005 Metes & BoundJ Description: see attached survey 5. TYPE OF SEWAGE DISPOSAL TO BE ,PROVIDED (Check appHcable system): a. COUNTY UTILITY SYSTEM . 0 b. CITY UTILITY SYSTEM 0 c. FRANCmSED UTll..ITY SYSTEM 0 PROVIDE NAME d. PACKAGE TREATMENT PLANT 0 (GPO capacity) e. SEPTIC SYSTEM ŒJ 6. TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM 0 b. CITY UTILITY SYSTEM 0 c. FRANCHISED UTILITY SYSTEM 0 PROVIDE NAME d. PRIVATE SYSTEM (WELL) ŒJ 7. TOTAL POPULATION TO BE SERVED: 1Q APPLICATION FOR PUBLIC IŒARING FOR CONDmONAL USE - ...,14103 8. PEAK AND AVERAGE DAn.. Y DEMANDS: A. WATER-PEAK 2.22 çm AVERAGE DAn..Y 800 gpd B. SEWER-PEAK 2.22 çm AVERAGE DAn.. Y 800 end 9. IF PROPOSING TO BE CONNECfED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE.REQUlRED: ~ Agenda Item No. 8B June 28, 2005 Page 22 of 45 ~ 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. Each house has an existin2 draina2e field and weD sYStem. The nest house does Dot have a seDdc svstem or water service. 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 CO\1I?ty ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shan contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. N/A 12. STATEMENT OF AVAn..ABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project tsto 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. N/A UtWty Provision Statement RJM 10117/97 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - oUl.u03 -------.... fROM Qov¡ós.ø~ En'gineering (MON)DEC 13 2004 11 :53/ST. 11 : 52/NO. 6326619286 P 3 Agenda Item No. 88 June 28, 2005 Page 23 of 45 .-. (i) HFIDAJIl'T I. George M. Sclunaeling being firs; duly .rwøm, depose and say dult 1 am· tlte owner 01 the property described here;n and wllieh is 'Ire subjecl matler of lite proposed Itearing; tMI all the an.sww.s 10 ,he questlOM in litis application. bIcludi", lire discltMlll"e of I"terat in!omtQlion, all ",",cha. døtll. and other øpplemen.tøry mlltler "uached to and made a ptlrt of this application, are IumeII and IrII' 10 the bat of OUl' know/edge lI1td belief. J urtdrsla"d that the i'fformøtion f'equnted 011 ,his appIicatiOlf mu.rl ", complete ølld aCCll1'ØI. II1Id Iltal 'M co"tat of tltis 10"". wltethu colflJ1Uler geMf'tIted or Cøvnty printed 'M/IItDI 1M IIl,~. Public laetiriltp wtll IIot be tV./vøtised ""'II thts applicatio" is deemed complete, aM all nquirød i~ Itasbee" .lUbmitted. . II, property owns"].fu,.t.r authorize Døvitúo" Englnlering. Inc. 10 acl tu my representative in any mailers regørdi"I litis P.til;o". . CU-2004~AR-6965 Project #2004030051 Date: 12/23/04 MIKE DeRUNTZ _Occqe ~-ai-W 1'ypød or P";",ed Nal'ltØ of Owner ... 1M/hi< / ~.My of .k.. baoWIJ 10 me ,. Itas produetJd ,2004, SllIte of Florida Cøun'Y of Collier LLM,()~,,, _ r (SifPU'1IITe 01 Notary Public - State of FlørltItl) 11; DM! M Vondnu . . MyCommtlllon 00133332 '\; ':,I Expl... Ju~ 11. 200e (Print. 7ÿpe, Dr $tamp Com""u.loMd NtltM of Nokuy Public) üJlUCA.TION ftJII.... U"".t..I~ IfOII.CONDnvw..t..l.II.R_"'I~ ...__~._...,._ _.._n.··__.____·~_ ,.i?~;'·¡~;~~fr::'::~~~:t;;i". ~.{"!';:' . "'!' - "'._ ~ Mfllt_.., ~,,.i {.. . ¡;:,....... COWIR COUN1Y Tm.E COMPANY išÏ~,{0;... .1301 COUNT\' ROAD .t. SUITE D ~1t: ~~ NN'W. 'LCNOA :Ultl ti"~';''':':''l' .... PrO III'Iy Ap n.... PII'OIIIdenIft:allan (FolD) Numbn: 37131040001 CkInIM IS I: 2407340 OR: 2490 PG: 3017 beulllD h omCJAS bCODf' If COUlD conn.R 12111/11 It tt:IlIIII1Gft .. IIOCI, cuu COIl ISm... DC m 11.5' DOe-.7I In... btal coum conn tIN CO zm ct UI It IIIUI R 11111 .- A_". UN! _ _ .....T. THIS WARRANTY DEED. "'.de Ih. 9th ., 01 November, ...,D. 1911 br NORTHERN TRUST BANK OF FLORIDA, N.A, AS CO·TRUSTEE .nd DALE SNYDER HOLDITCH, AS CO.TRUSTEE, tINDER REVOCABLE TRUST AGREEMENT DATED DECEMBER 21, 111' henm Mild.... O"Inlors, wIIOM POll 0II1e1 Idclrft. 111511 RINGLING BLVD. , SARASOTA, FLORIDA 34238.10 FLORIDA HOMES OF COLLIER INC, A FLORIDA CORPORATION wIIo.. OIl ofID .dd.... "4731 GOLDEN GATE PARKWAY IE , NAPLES, FLORIDA 34118. ,,'"""'.1IIt c.1Id III. Granier. ("........, "'.. "'''1II1II ffI, "ffllll' -".11'.'- .... ·"'''1''- ..."'.. lit ... ,.I,n,. .. .1, M.."".....' '"' ... ...... "'II '.'"............ * ...1.... ., ........... lflii' "', ....þ...ft .... ......... .t .............) WIT N E SSE T H: ThIll tilt 0fWII0tI. lor end '" consldtrltlon 01111. _ 01 TIN AHD 001100'8 (110.001 00IIa1s IftcI 01.. ..willi --'11on.. ~ """"' " '*IIIr tcltnowlldged, '*Ibr 111M'" IIt/gUIs, ..... lien.. ntnIIMt, ........, ~ tIId conlmls l1l'i10 tile I'int. 1'11111 ctI1t'" IInIf llIuttt h eo... Countr. SIt.. 01 FIIwIda. vii: TRACT 11" GOLDEN GATE ESTATES, UNIT NO. 28, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 15. OF THE PUBLIC RECORDS OF COWER COUNTY, FLORID.... . SUbJect to el.ement.. reatrlcUon. Ind r..ervatlon. af recard end 10 laIC" for the vear 111 'gend Iher.after. GRANTOR WARRANTS SUBJECT PROPERTY IS UNIMPROVED, NON.HOMESTEAD PROPERTY. TOGETHER, wth .. tilt Itn_. ~ end ~ ..... IMltono.. II' '" III\yWIIt 1 I tf1ahhg. TO HAVE AND TO HOLD, tilt ..... hllt......__. . AND, tilt ,PMIOrI '*IIIr o~ ..." Mid """" tIIaI the O"I"Iors 1sI1.. II""'IIJ leiItcI 01 ..Id "nd '" I.. limp": ""I III. ;:"IR~11IIM1OrI "... good r\:JItll/ld lawllll av11lorlr 10 HI and conwy ..Id 11M, and hnby Wln'lnt lilt 111110 ..!if ....d end will ~nd .{;/ .. r lilt..... I;IhIl lilt lawllll clam. 01 .1 "..- wIIotnI.-; end IIItI ..Id ....d Is "" 01 .. tnOUIIIInno". -øI ..... ICCtUIn, ¡;'J jI!~i .WItQUtnlIO o.c.mbw". 'W8. '. f.I .: g:f IN WITNESS WHIR EOF, III. ..Id grMlOrI "- .1IJntcI end ttIItd 1hnt "'""'" tilt dtý end ,.. In, IbcM ......... .··Cia' ~~;:,rt·· ~..IM Ind deloncl h "" __ ot ~·.e . ~ rM(~ ~ .i:..i..~:'.' .' ~ ~Á. ,,-rl".. ~i> ~"'(".., 1c1r',hkðr-1 ~ Ut liP, 1f0RTH!R!f nUST IANIC OF FLOIIDA. If.A. L.S. S AS TO DALE SNYDER HOLDITCR .A\ Q , ~ d 111)"-L... .L..l:::J,,_, ,4,... _'" .&La:LL&i:.r-S. Srvn.... / DALE SNYDER HOLD H ,/ ~... "'D ""''"ÞIUJAL5' ~~~). --/. c. ::!"..4, H.J~:'¡" Prhtacl SI¡ n&..... STATE OF . Æl..O(liM COUNTY OF~)~rn . . . : ~'O~OIn9 ""I"'I!I'~ WII loknowlldged bllo,. ~II ",g dlJ of ""'Nc)ch)1, 7.J u.. __' It 9 ¡ br ;,;:;'../.". !:JÆ.,Q ~. f:,¿t:f's.u~. a15:.f..~/PfAr OF NOIlTHERH TRUST BANK :$~:;~ '. .' OF ORIDA, R.A. Wh70 18 either personally known to..e r hu prod c! the fol1øvinl fOrti :l~'r"'r"'" . of ideDtUicationl '~';¡¡'",:):\".;, SEAL /' . I~:~:o'.; ';~"¡~~-·el··~~~):::::»::')):):~~' .:'''*j"..' . .'. a ....L_ ): . :. :...... '. .'... .' .:..' . .... -,-._"-, ~"~""":~"'...,...~.#-w.:"." ..,\~~..'_~~ ~""a:14Nt . :Ú!j~21:~~·;;A)~ .~\~-~-i~ ."':.".:..' "~'..ó....,~." c-'.....-...... ". ~,..:.. ~ . LoS. .:'" '--' - on ~ ~ tt'I= ;;;¡ :i~~tt'I~ ~"'It:~t:I i<e~d =i~..~ !e~~i ... STATE or u..wt... COUNTY or ~fe.t.sDK' It The foreloinl in.trumentw.e acknowledged ~efore .. thi. ~.r-d.y of 8oveaber, 1998 by DALE SNYDER HOLDITCK. who i. either per.onally known ~ or ha. produced the followin. fora of identification: ItJU S lJA~NSi!._ AIAA~LJ.1J -:.:.- (SEAL) / I I I I I L -- ", ~.r 17 04 09:41. FLORIDR HOMES OF COLLIER (9411455-3499 _.,02/Z0~~4 _l1::Jl FA.1.lUUJI!UI COU.llR CO COIIIU1'CITY DB\' ~da Item No. 88 liIIou June 28, 2005 Page 26 of 45 A.DDBSSlNG aBaun' . PIeMc oamp1ela the foI1øiIriaø III1l&1bmit to !be AdInIIÏD& SecDaD for)leYiew. J'lot all inom. wiD. IDDtv to ~ ftI'DÎeCt. INnoa iD ..... tne 1IIt!'lllR1Írlld.. 1.~~rm:~~1ð~I,.; ,. ~1fn!T".!"'~or__....._""-~~ ~~~t~ooS" IS-~:::!-~" . '--......... 4. LocatIn .....lbDwiDIalCt Iocatioa or projectIliIe in rclatÏon to __ public ro..s riBht-of·way (attøeA) 5. Copy of..vC)' (NBBDBD ONLY FOR UNPLA'J1'BD'PR.OPBIlTlES) 6. ~~;~ ntll;t '.oLA"í~~c:ll ¡~__ ,1:..:>¡!.. m..J... \ e..r.Ite... 7. tnlelllllllleI (if) I"J II. 10 \ AMe.. .' - ~1.pe."" -º~ I 8. Site De¥......... PIm Number (POR BXISTING PllC>J!Ç'I"SISrI'BS ONLY) SDP . 9. ~Type - (Complete allq)al'llte ~ CheckIiIt for each Petiticm Type) SDP (SIte DeveIopmeat Plm) PPL (PbIIII &; PI8t Review) SDP A (SDP Arø- ..........) PSP (PreJiaIiMrY SubdiviIion Plat) SDPI (SOP IJ~.J Chqc) FP (FiDIl Plat) SIP (Siœ 1qIrovem.eDt PIm) lLA (Lot Liøc AdjIuImcIDt) SIPA (SIP.A.aN ¡lilt) BL (BJatiD&PtaDit) ~ (StnIet N... CIIqe) ROW (Risbt-of.. Way Pcniåt) , v~ (Vcg. :Rcmonl PCIDIÏII) BXP (BxGaYation PenDit) Land Uae Pdition (V1IIÚIIIœ, CoDditioaal UK, VRSJIP (Vog. RaDoYal &; Sit. FU1 PanIIit) Boat Doçk En.1lemDc. PUD rsoae. etc.) o Other -1>eIcn"be: 1 O. Project or ck:Ye1opmcDt IIIIIIICI propoøed fàr, or applicabie; iødicate whether pmpoI8d or exiItiD¡) Approvedby JJ.~'.J ~ DI1e 3~n-O,+- _~"____._n___ Agenda Itèm No. 8B June 28, 2005 DEof45 DAVIDSON ENGINEERING - LAND DEVELOPMENT· UTILITIES· PERMITTING· WATER MANAGEMENT . FEA~IBllITY STUDIES December 15, 2004 Ms. Barbara Burgeson Collier County CDES 2800 N Horseshoe Dr Naples FL 34104 RE: Florida Homes ofCoUier, lnc. Model Home Conditional Use AppUcation Dear Barbara, Please allow this letter to serve as a request for an exemption to the EIS submittal requirement for the above referenced Conditional Use Application. It is my opinion that the exemption requested is in compliance with Section 3.8.8.3 of the Collier County Land Development Code . for the following reasons: 3.8.8.3.A. The subject property is developed with three (3) houses, two (2) of which are model homes. No new construction is proposed in co~junction with the conditional use requested. Therefore the proposed use will not further degrade the environmental quality of the site or the surrounding areas which might be affected by the proposed use. 3.8.8.3.8. . The major flora and fauna features have been altered to such an extent as to preclude the reasonable regeneration or useful ecological purpose. 3.8.8.3.C. The surface and natural drainage of the property has been previously paved and altered and will not be further degraded as a result of the approval of the conditional use requested. .' 3.8.8.3.D. This item is not applicable as there are no ecological deficiencies which resulted from the development of the property. 3.8.8.3.E. The proposed conditional use will utilize the existing houses on the site and will not require any major alteration or modification of the existing land forms, drainage, or flora and fauna elements of the property. Please do not hesitate to contact me at (239) 597-3916 if you have any questions or require any additional information to process this request. Sincerely yours, Ï-lv~~ Kelly Michele Smith Planning Coordinator CU-2004-AR-6965 Project #2004030051 Date: 12/23/04 MIKE DeRUNTZ 2154 TrodeCenterWay, Suite #3· Naples, Florida 34109· Phone: 239.597.3916· Fax: 239.597.5195 www.davidsonengineering.com FROM Davidson tngineering .. & CONDITIONAL USE APPLICATION (MUN)VtL: 1~ tUU4 11:~~/:S1.11:~UNU.ö~'öö1~'~ö I' (. Agenda Item No. 88 June 28, 2005 . Page 28 of 45 .. THIS COMPLETED PACKET! APPLICATION REQUIREMENTS I¥OF NOT COPIES REQUIRED REOUIRED 1. Completed Applieatioa 20· X 1. Copy 0' DeecI(.) aad lilt identifylDIOwBer(I) ..d aU Z· X ParCIIen if a COrDOntlo. 3. ' ColIIpIeted 0wIIerI Aplat A.tIIå*', Notarized - -...... 2*, X of. Pre-appIicadoa aoteII.......... 10* X 5. COIICeptul Site PImt (1ac"""C (1) 8-ln X 11 copy) 20* X 6. E.vIroa...... IIIIJNId Sta......t - (£18) 4 íJ_ "- \AIr,'hIPf I"'I.\. <-.JII,. ........ II 7. Aerial PHtup .p. · (wtda "abJtat ...... ideatifted) 5* X f-) S. Completed Utility ProYisio.. Statelllellt (,,¡tit req~ 4 X lUaIl!la--"aad ,ketcb,,) 9. Trame J....et Stateaaeat - (I1S) Trip eeaenlioD 7 X ReþOl't 10. Jllltorlal A An:II..JopeaI SlIrvey or Waiver 4 X A--Ik." 11. Co", of State lIIIdI.r PecIenI PendD 4 X 12. Ardaltectval a..derlal 0' Pro... StnChlre(.) 4 X 13. Applleatioa Fee" ~ . X EttI-ted LepI AdverØlblC,J'ee - SAl CCPC FIre Code Rniew Fee - 5150 Etdmated LepI Aclvertlliag Fee - SZøs.ÐO BCC tIS Rmew · $1600 r"$1500 Jf.1IIed .. eoDJaDdioa witIa . rezoae petitio. Check sbaD be .... ,.yable to: . Collier C_ty Board of Co----aen 14. Otber Reqidn......1I . · ~ required Cor Loaa·Raap ........ RevWw As the autboriæd apat/appJicult for dúJ petitioa. I aaett lbat .11 of the iaf'or.mAcioD iftdiClilcd on tbi. cbeclc1iat ÎII iDcluded in tIri, 1Ubmia.J packqe. I undentaDd tbat faü~ (0 iøclude aU nec:eIAIY JUbmiItaI infonneâoD may result in the delay of~1 of' . . /z./3-04 Date CU-2004-AR-6965 Project #2004030051 Date: 12/23/04 MIKE DeRUNTZ APPLICATION'" JIIJ-..c HuaDfG -. CONDITIðIUI.IJSE. 4I1...n -----..-- - """·""__'''''.W"_",·,J.",....""",,,,,,¡,',.,,,,,,,,",,,·,;Þ,,...,,, é:QL(')L(') .-Æ' 8 ::: NO 000'> ENN Q)( )( ) =c.:~ ro::Ja. "0"" c: ( ) 0) <: 0 ~ ~ ~ ~ - - ~ .. ! . ! '" .. : ~ : :;) - '"' " 'O^ 18 ~383M ~ ! ~ Ii! ~ ~ 2 ~ ~ ~ ~ -=- ~ ~ ~ . ~ - â z 0 CD w- i'! I-t( i 000 0 ..J 'M'S is . J.6~ ''ofN'f':> , "t'N'f:) (I<. - '~'J) O~"'f\:nno8 tOrTlO:J , I I \ < ....... I ..... ..... I ...... - ~ ¡ .. ..... ~i . ~ § - ~ . . .... . ~ ~ ~ 0 I - - - ci B ! Q - ! ~ ~ ª ª .. ~ Q " '" " is i '" Q 4Ø ~ -i ~ IE S ; .. J ª § '"' .. :;) .. Z ¡¡: ~ i ~ ~ g . ~ I I - - , . g ~ ¡ I I ~ ]"!"tOS OJ. J.OH I ~ - ~ I ~ ~ 5. 5. ~ ~ ~~ ! - ã- N~ ã¡ . ! i - ð- N [(¡ ~~ ~; t5z I wº ~ ,t;: 00 ~g a.. ~ ~ ¡; I ~ ~ ~ -~ -. ~~ 5~ « N ~.. ~ ~ ¡ I . ð- h ~I ;1 ~ ~ :ãE ; ~" r ir OW.-.v1Ol 1I!iIf1"1CX) ....." i U ~~ z ~ ¡; ¡; . 0 la ~ ~ ~ I ~ ~. -. o . ~~ - ~. ã ¡ ~ ::; ð- - ð ¡ ~i N t- al N ; ~ ~ « j ~ ! ü I ~~¥: ã¡;~ I f . ã¡; ~ ~i- 0 ii ~ ~ . ! !- I . ~Š¡ . ~~¡ I ~ - ~Š¡ I N ....J ~ ¡¡. """1>n1OO1I'IOO1 -...",..~, ~- 3! ¡; ¡; § $ ~ ~* ~- ~- ~~ ~~ ~ ~~~ ;! ~ i!o ~. ~ ã- ~ã- N ~ . ~~ ~~ ¡~ ~ at· J.LVJ.IWI,&HI a.. « :ãE W t- OO It) cD a> cD I IX: < . 'It o o C\I I :;) (.) :a: z o !:: I- W Q. CDLOLO OOO"¡- O~Õ Z '0 E~M (1)(1)(1) :::cg> rc:::J(l. ,,-' c (I) 01 « ! ~ ~ ; ~5 .Iø ~; ! j ~ ;~~ IU~ ¡ ci)~ I I JU UJ~ ¡! ! I ; ;:1 d ~i~1 ~t~' CI) 0 ~Ijl :¡I~IIU. æ!1' Iii! W · "2" e~ æ!!¡ ~un ~ijl·. ~I~s f~~ C~!§ ë>luu ~f I I ~1:!111!la i~ ~~h !iUU ~f f ; ~Ih~h ; ~~ , "';_L" ! i ~ II - --..~ ~~¡ i!h!1 Y . ! .. I !I,! ,,: III i 5 J~ I!I i , ) - i II .. ! i I I J II I ~ COLLiER BOULEVÁRD ('00' ---I') .-J ~ f:! ... o z !! ~ i I!I I I~ " ! ~ "I ~ I I L H 00'1"'0· E 3:50.00' EXHIBIT "~" ! ~~ ~ II I. , i I ~ I Ii il Ú i5 tL~ 31 8~~s ~I~i CIII"( WI' ~i § u.. Agenda Item NQ. 86 June 28, 2005 Page 31 of 45 .-. RESOLUTION 05- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUN1Y, FLORIDA PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE FOR A MODEL HOME SALES CENTER PER THE LAND DEVELOPMENT CODE SUBSECTION 2.04.03. TABLE 2 OF THE "E" ESTATES WNING DISTRICT, FOR PROPERTY LOCATED IN SECTION IS, TOWNSHIP 49 SOUTH, RANGE 26 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 (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 pIanning 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 Conditional Use of LDC Subsection 2.04.03. Table 2 in an "E" Estates Zoning District for a Model Home Sales Center on the subject property as depicted in Exhibit "B", and the Collier County Planning Commission has found as a matter of fact 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 Subsection to.08.00.D.; and WHEREAS, Section m.B.2.a.5)e) "Special Exceptions to Conditional Use Locational Criteria" of the Golden Gate Area Master Plan, in the Growth Management Plan of Collier County, provides a maximum of a one time, two years time period for a Conditional Use of a model home; 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 RESOL YED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Page 1 of2 Agenda Item No. 86 June 28, 2005 Page 32 of 45 The petition filed by Kelly Michele Smith of Davidson Engineering, Inc" CU- 2004-AR-6965, representing Florida Homes of Collier Co, Inc., with respect to the subject property described as: Tract 118, Golden Gate Estates, Unit No. 25, according to the plat thereof recorded in Plat Book 7, Page 15, of the public records of Collier County, Florida, more particularly described as 12815 and 12825 Collier Boulevard, and the same is hereby approved for Conditional Use of LDC Subsection 2.04.03. Table 2 in the liE" Estates Zoning District for a Model Home Sales Center 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. 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 ArrEST: DWIGHf E. BROCK, CLERK Deputy Clerk Approved as to form and legal sufficiency: Patrick G. White Assistant County Attorney CU-2004-AR-696SlMJDllp Page 2 of2 Agenda Item No. 88 June 28. 2005 Page 33 of 45 ~- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION e .________... IU'\D -_.._._.__.,~"'-_. >'. >'.--.-'.'-_.~- FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2004-AR-6965 The following facts are found: 1. Subsection 2.04.03, Table 2, of the Estates Zoning District in the Land Development Code authorizes the conditional use for model homes and model sales centers. 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 S1rUctures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case offlTe or catastrophe: Adequate ingress & egress Yes -L 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 B""" on th, ,00., findmgs, fbi, oonditi0e~rywon' (ropy attachod) (should not) be recommended for approval fA. . DATE: ..fll,(o{ CHAIRMAN: /l-!flif.¡j)) { I EXHIBIT "A" Agenda Item No. 88 June 28, 2005 Page 34 of 45 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR ClJ-2004-~-6965 The following facts are found: 1. Subsection 2.04.03, Table 2, of the Estates Zoning District in the Land Development Code authorizes the conditional use for model homes and model sales centers. 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 Lan710pment 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 offire or catastrophe: Adequate ingress & egress ~ Yes_ No C. Affects neighboring properties in relation to noise, glare, economi~ or odor eff~ _ No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the distii.ct: Compatible use within distri~ Yes_ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval MEMBER:P DATE: 6 - It - "J-- Agenda Item No. 88 - June 28, 2005 -...- Page 35 of 45 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2004-AR-6965 The following facts are found: 1. Subsection 2.04.03, Table 2, of the Estates Zoning District in the Land Development Code authorizes the conditional use for model homes and model sales centers. 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 Lan7d 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, 1raffic flow and control, and access in case of fire or catastrophe: Adequate ingress &. egress . Yes.LNo_ 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~o DATE: Based on the above findings, this conditional use should, with stipula . (should not) be recommended for approval Agenda Item No. 88 June 28, 2005 Page 36 of 45 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETmON FOR CU-2004-AR-6965 The following facts are found: 1. Subsection 2.04.03, Table 2, of the Estates Zoning District in the Land Development Code authorizes the conditional use for model homes and model sales centers. 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: : í No affect or _ Affect mitigated by _ Affect CBDIlot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes V No Based on the above findings, this conditional use should, with stipulatio , (copy attached) (should not) be recommended for approval DATE: ~(p)ç ..,1 t;.1 W- ( ~~L Cll:\IR~W~ . EXHIBIT "An Agenda Item No. 88 June 28, 2005 Page 37 of 45 .,-, FINDING OF FACT BY COLLIER COUNTY PLANNING CO:MMISSION FOR A CONDITIONAL USE PETITION FOR CU-2004-AR-6965 The following facts are found: 1. Subsection 2.04.03, Table 2, of the Estates Zoning District in the Land Development Code authorizes the conditional use for model homes and model sales centers. 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: . . ... Ycs_ Not .. . 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 1::.... N~_ C. Affects neighboring properties in relation to ~îse, 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 fmdings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: 0/ { (P /ð::)" I MEMBER: Af{VH~L ~~«'t~~ ^''''~'·''''",,,,,,i;t¡II.''~-''¡,,","''''',,,...",,_~o,",".''·''',.;",.,,,,, .'"".u., Agenda Item No. 88 June 28, 2005 Page 38 of 45 Conditions for Approval of Conditional Use CU-2004-AR-6965 (June 16,2005) 1. This Conditional Use approval shall expire two (2) years ITom the approval date of this petition by the Board of Zoning Appeals. 2. The Zoning and Land Development Review Director 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 applicable County ordinances in effect at the time of submittal, including Division 10.02.03, Site Development Plan Review and Approval, of the Collier County Land Development Code (Ordinance 2004-41) 3. Pursuant to Subsection 2.03.07.E of the Land Development Code, if during the course of site clearing, excavation, or other construction activities 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 all Department contacted. 4. Pursuant to Section 5.04.04.B.2 of the Land Development Code, the model home or model sales center is not intended to allow the full scope of real estate activities and shall be restricted primarily to the sale and marketing of the model, or products similar to the model. A model home shall not include offices for builders, contractors, developers, or similar activities. 5. The Conditional Use approval to allow a sales center consisting of two model homes is limited to the site plan identified as "Florida Home Model Center" prepared by Davidson Engineering, Inc., stamped "Received 5/12/05". 6. A sidewalk shall be designed and constructed, per LDC requirements, along the entire ITontage of this property on 13th Street S.W. within six months of the approval date of this request. A Right-of-Way permit will be required ITom the County Department of Transportation. Exhibit "C" Agenda Item No. 88 June 28, 2005 Page 39 of 45 Conditions for Approval of Conditional Use CU-2004-AR-6965 (June 16, 2005) 1. This Conditional Use approval shall expire two (2) years from the approval date of this petition by the Board of Zoning Appeals. 2. The Zoning and Land Development Review Director 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 applicable County ordinances in effect at the time of submittal, including Division 10.02.03, Site Development Plan Review and Approval, of the Collier County Land Development Code (Ordinance 2004-41) 3. If during the course of site clearing, excavation, or other construction activities, an historic or archaeological artifact is foun~ all development within the minimum area necessary to protect the discovery shan be immediately stopped and protected pursuant to requirements contained in Subsection 2.03.07.E of the Land Development Code. 4. Pursuant to Section 5.04.04.B.2 of the Land Development Code, the model home or model sales center is not intended to allow the full scope of real estate activities and shall be restricted primarily to the sale and marketing of the model, or products similar to the model. A model home shall not include offices for builders, contractors, developers, or similar activities. 5. The Conditional Use approval to allow a sales center consisting of two model homes is limited to the site plan identified as "Florida Home Model Center" prepared by Davidson Engineering, Inc., stamped "Received 5/12/05". 6. A sidewalk shall be designed and constructed, per LDC requirements, along the entire frontage of this property on 13th Street S.W. within six. months of the approval date of this request. A Right-of-Way permit will be required from the County Department of Transportation. Exhibit "C" .'- ; r11Ai'q u~$ fYJ ode.J ~ I Agenda Item No. 88 June 28, 2005 Page 40 of 45 TU- t! MODEL HOME o MODEL SALES CENTER o CONSTRUCTIONlADMINISTRA TION TRAILER o OTHER USE (per LDC Section 2.6.33.3.) Development/Subdivision: ~ ~ ~ . Developer/Builder -q.~ ~ ~ ~ ,~ I -';;l~1 ~~~. '{~I ' i ~ql(-(~ DeveloperfBuilder's phone .... 31 D 8 Project ~oning ~ Effective Dates: This permit is effective from a ,~~g ¿¡~~~ {p./. 99 ì~ I· ð'J (24 month maximum. A request for an extension must be submitted to the 6-I-d~ Planning Services Director prior to expiratio . COlliER COUNTY TEMPORARY USE PERMIT 99007B .;! I Address of Site: Applicant's name: ~\\1ð\ð\ Applicant's firm: Appilcanfs status: b!Peveloper/Builde(s agent 0 Permitting firm 0 0p < Applicanfs address: <t'731o _~ ~ ~ .l..1à: 12- -~)r.:w. 2~1I/P -.3~. - ì¡S-5- 3¡ O~ Applicant's phone: ·~·,]t:~:;.I..~,.~...:_ . .' ..~'~,:: -.¡:: ".r.....i~:..¡;. ',~¡b.;,;~S:J¡j'¡(;'".), j.-, ~:',:¡:;'.:'i·:':i.M.;,'~~\t.:¡jÖi.mßt ,,--- Agenda Item· No. 8S June 28, 2005 Page 41 of 45 E Owner's phorie Checklist: KModel Home 0 Construction/Administration Trailer o Model Sales Center (trailer or permanent structure) · Model Type þ~ . Conceptuaì Site Plan (CSP) · Site Plan per: . Project SDP # &lor o CSP 0 SOP # Building Permit # · Project SOP # . Check for $75 to BCe Conditions: By acceptance of this permit, the applicant agrees to defend, hold harmless and indemnify Collier County ant its agents from any 'and all liability which may arise as a result of th . s nce of is permit. ¡¡ Approval: Planner Date This permit does not constitute approvals which may also be necessary under other local, state and federal regulations Including, but not limited to, building permits, right-of- way permits, site clearing permits, fire district, FAA, FCC, and DEEP. This Temporary Use permit is issued pursuant to informaüon provided by the applicant. COLLIER COUNTY COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 2800 North Horseshoe DriVe Naples, FL 34104 941-403-2400 .. . Agenda Item No. 88 June 28,2005 Page 42 of 45 ...', .' '... . .' ...~~ .. "' Our records indicate that the Temporary Use Pennits issued on June 1, 1999 are due to expire on June 1,2001. Section 2.6.33.4.2 of the Collier County Land Development Code states that extension of a temporary use pennit for a model home or model sales center requires public notice and public hearing before the Planning Commission. The request for extension must be made within 30 days of the expiration of the initial temporary use permit. If you expect to utilize the property beyond the expiration date, please contact the Current Planning Department at 403-2300 to schedule a pre-application meeting. If you do not expect to utilize the property beyond the expiration date, please provide written notification to my attention either by mail at the above address or fax to (941) 643-6968 so that we may close our file. This is a courtesy notification. Continued operation of the temporary use without a Temporary Use Permit renewal will result in code enforcement action. Should you have any questions, please feel free to contact our office. ~ Glenda mith Planning Technician II --..-----...-.----..-- ~. ~Uìíe. {)1ode1 7 Agenda Item No. 88 June 28, 2005 Page 43 of 45 - COlliER COUNTY TEMPORARY USE PERMIT 990080 / I TU- Developer/Builder r ............ Address of Site: Developer/Builder's phone' l(.~ ~ - :3 ( O~ Project Zoning R~~~ Effective Dates: This permit is effective fro~l~ Œ to ~~ í?. Dêt (p .1. 7<7 7?) '- 1 0/ (24 month maximum. A request for an extension must be submitted to the Ç;,_j -0 .;¡ Planning Services Director prior to expiration.) ~1f('461 Applicant's name: Applicant's firm: " Applicant's status: .k1::Developer/BUilder's agent 0 Permitting firm 0G3her "l . Appficant's address: ~ t-¡ ~~r6:t. 1~. LtM-CtE . Ñ~~) 1 ,'3,c.!JJ t.. Applicant's phone: -3 ~ (- l(.~c;- 31 0 ~ ' ·~_m___'__.' Agenda Item No. 8B June 28, 2005 Page44 of 45 Property Owner: , Owner's address: Owner's phon.e 3 t\-\ \ tø g4l- 4~Ç-'3\O~ Checklist: )8( Model Home 0 Construction/Administration Trailer o Model Sales Center (trailer or permanent structure) · Model TypeH D~. Conceptual Site Plan (CSP) · Site Plan per: . Project SDP # &lor o CSP 0 SDP # Building Permit # · Project SDP # · Check for $75 to BCC , . " 'b, " '. Conditions: By acceptance of this permit, the applicant agrees to defend, hold harmless and indemnify Collier County ant its agents from any and all liability which may arise as a result of th is ance of this permit .IiL r. [i »i Approval: Planner Date This permit does not constitute approvals which may also be necessary under other local, state and federal regulations including, but not limited to, building permits, right-of- way permits, site clearing permits, fire district, FAA, FCC, and DEP. This Temporary Use permit is issued pursuant to information provided by the applicant. COLLIER COUNTY COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 2800 North Horseshoe Drive Naples, FL 34104 941-403·2400 ----....-.... - , . ~. ~ Agenda Item No. 88 June 28, 2005 Page 45 of 45 - . , :.. ".. o Our records indicate that the Temporary Use Pennits issued on June 1, 1999 are due to expire on June 1, 2001. Section 2.6.33.4.2 of the ColIier County Land Development Code states that extension of a temporary use pennit for a model home or model sales center requires public notice and public hearing before the Plarming Commission. The request for extension must be made within 30 days of the expiration of the initial temporary use permit. If you expect to utilize the property beyond the expiration date, please contact the Current Planning Department at 403-2300 to schedule a pre-application meeting. If you do Dot expect to utilize the property beyond the expiration date, please provide written notification to my attention either by mail at the above address or fax to (941) 643-6968 so that we may close our file. This is a courtesy notification. Continued operation of the temporary use without a ~:~mporary Use Permit renewal will result hi code enforcement action. . Should you have any questions, please feel free to contact our office. --- --- Agenda Item No. 8C June 28, 2005 Page 1 of 132 EXECUTIVE SUMMARY PUDZ-2004-AR-6258, Palermo Cove PUD, Elias Brothers Communities at Palermo Cove, Inc., represented by Dwight Nadeau, of RWA, Ine., requesting a rezone from the Rural Agriculture (A) zoning district to the Planned Unit Development (PUD) zoning district to be known as Palermo Cove PUD for property located north of Wolfe Road, west of Collier Boulevard (C.R. 951), in Section 34, Township 48 South, Range 26 East, Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners (BCC) consider an application to rezone the subject site from Rural Agriculture (A) zoning district to PUD for the purpose of pennitting a residential development with a maximum of 524 residential dwelling units 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: ".......... On May 10, 2005, the BCC held a public hearing to review this rezoning request. At the direction of the BCC, the request was continued to allow the applicant time to prepare changes that were being discussed at the meeting. The petitioner was proposing to add what was defined to be an "intennediate gap housing component" into this residential planned unit development that is affordable housing at 1 00% to 125% of Median Income qualifications for Collier County. The subject site consists of 131 acres and has a zoning designation of Rural Agricultural (A) district. The subject property is located in the Urban (Mixed Use DistrictlUrban Residential Subdistrict) designation. The maximum density pennissible in the Rural Agricultural District within the Urban (Urban - Mixed Use District, Urban Residential Subdistrict) is four dwelling units per acre, based upon the Density Rating System of the Growth Management Plan (GMP). The subject site is presently undeveloped. The proposed density of Palermo Cove RPUD is 4 dwelling units per acre, which results in a maximum of 524 residential dweHing units. The subject property incorporates two tracts of lands that are located diagonally to each other and are connected at the comer of these two tracts. An access easement has been provided to transition the internal roadway system within the property. The project master plan includes a mixture of residential, recreational and preserve land uses. The plan includes the improvement of east-west Wolfe Road and the interface with the property to the north (Summit Place In Naples Subdivision, and Golden Gate Fire Control and Rescue District Station 73). A water management easement to benefit Collier County for the Collier Boulevard six-Ianing project is proposed to be located near the eastern end of the subject property. A shared perimeter land use buffer with the Golden Gate Fire Department (GGFD) Station 73 MPUD is proposed. ,- PUDZ-04-AR-6258 Page 1 of5 Executive Summary Agenda Item No. 8C June 28, 2005 Page 2 of 132 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 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 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 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 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 infonnational purposes only; they are not included in the criteria used by Staff and the Planning Commission to analyze this petition. .'-^, GROWTH MANAGEMENT IMP ACT: 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, this subdistrict permits residential development (a variety of unit types) at a base density of 4 dwelling units per acre (DU/A), subject to the Density Rating System; and recreation and open space uses. This project does not qualify for any density bonuses and is not subject to density reduction. Accordingly, this site is eligible for 4 dwelling units per acre. The Transportation Services Division has reviewed the Petitioner's Traffic Impact Statement (TIS) and has determined that the proposed rezone will generate 4,770 Average Daily trips at the build out ofthe project in 2008. As a result, this petition is consistent with policies 5.1 and 5.2 of the Transportation Element. Based on the analysis contained in the Traffic Impact Statement (Exhibit "C"), all roadway segments significantly impacted as a result of the Palermo Cove RPUD will operate at or above the adopted Level of Service (LOS) standard for that roadway as established by Collier County. ENVIRONMENTAL ISSUES: - PUDZ-04-AR-6258 Page 2 of5 Executive Summary Agenda Item No. BC June 28, 2005 Page 3 of 132 Environmental Services Staff has reviewed the petition and has recommended approval subject to the conditions contained in Section 6.8 of the PUD docwnent and in the Environmental Advisory Council (EAC) Staff Report. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC reviewed this petition at their April 6, 2005 meeting. The EAC voted 8 to 0 to recommend approval PUDZ-2004-AR-6258. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) heard this petition at their April 7, 2005 public hearing. The CCPC voted 9 to 0 to recommend approval of PUDZ-2004-AR-6258 with the following conditions: 1. The development agreements and easements from the adjoining property shall be executed prior to the approval of the BCC, 2. Deviation #3 shall be amended to allow eight model homes, 3. No residential building permit shall be issued a Certificate of Occupancy (CO) for residential occupation prior to October 1, 2007. LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the BCC must be based The legal considerations are reflected in the CCPC evaluation of the listed criteria in Chapters 10.03.05 and 1O.02.13.B.5 of the LDC. These evaluations are completed as separate docwnents 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 volwnes 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 County Commissioners approve Petition PUDZ-2004-AR- 6258, subject to the conditions of approval that have been incorporated into the PUD docwnent, which included the recommendation of approving the six requested deviations, as identified in Section 2.14 of the PUD docwnent as listed below. After revising the conditions and restrictions associated with deviation #3 during the CCPC public hearing, staff now supports this deviation. - PUDZ-04-AR-6258 Page 3 of5 Executive Summary Agenda Item No. 8C June 28, 2005 Page 4 of 132 Deviation 1 seeks relief from LDC Section 6.06.01 (0) for cul-de-sac and local street right-of-way width requirements. The petitioner is seeking relief from the requirement to provide a 60-foot wide local road right-of-way. The petitioner is proposing that: All platted project streets shall have a minimum 50-foot right-of-way. Deviation 2 seeks relief from LDC Section 3.2.8.4.16.10 for tangent requirements. The petitioner is seeking relief from tangents to be provided between reverse curves on all streets. The petitioner is proposing that: Tangents between reverse curves are not required for any local street design in this RPUD. Deviation 3 seeks relief from LDC Section 5.04.04.B.5.c for the number of model homes pennitted within a project. The petitioner is seeking relief from the required maximum of five model homes. The petitioner is proposing: Palermo Cove may have one model home representing each type of residential product. The number of model homes may exceed five, but shall not exceed a total of eight. .--' Deviation 4 seeks relief from LDC Section 4.06.05.B.11 for a 5-foot setback from the property line and the toe-of-slope of a two-foot or higher benn. The petitioner is seeking relief from the required minimum distance between the property line and the toe-of-slope. The petitioner is proposing: No toe-of-slope setback shall be required from the common property/tract boundary of the residential tract (Tract R) and the proposed GGFD Station 73 MPUD. Deviation S seeks relief from Section 5.06.03.F of the LDC where illuminated signage is prohibited in residential zones. The petitioner is seeking relied from the prohibition of placing illuminated signage in residential zones. The petitioner is proposing: Front illuminated signage shall be pennitted for the entrance sign located on Wolfe Road. Deviation 6 seeks relief from Section 5.06.06.C.12.a where off-premise directional signage is prohibited in residential zones. The petitioner is seeking relief from the prohibition of the placement of off-premise directional signage in residential zones. The petitioner is proposing: The off-premise directional signage for the Golden Gate Fire Control and Rescue District Station 73 may be incorpomted into the residential ground or wall signage for Palenno Cove. - Although this petition received unanimous approval from the CCPC, and as such would have been placed on the Summary Agenda, the petitioner does not agree with the CCPC's recommendation of withholding the Certificates of Occupancy until the mandated date of October 1, 2007 and wishes to petition the Board of County Commissioners to remove the PUDZ-04-AR-6258 Page 4 of5 Executive Summary Agenda Item No. BC June 28, 2005 Page 5 of 132 restriction and instead offer a phased plan of development such that 260 dwelling units may receive certificates of occupancy prior to September 31, 2007. Phase 1 dwelling units shall be limited to twenty certificates of occupancy per each month commencing September 1, 2006, and ending September 30, 2007. Phase 2, the remaining dwelling units may receive certificates of occupancy subsequent to October 1, 2007, without limitations. Additionally, an "Intermediate Gap Housing" component has been incoIpOrated into the residential planned unit development, which consists of the following: 1. Ten percent of the dwelling units shall be sold by the Developer to individuals or families that earn between 100% to 125% of the Collier county median family income, defined as "Intermediate gap Housing," 2. Verification of meeting the "Intermediate Gap Housing" for "first time home buyers" through the County Manager, to include annual reporting as part of the annual PUD monitoring report, 3. Fifteen-year "Intermediate Gap Housing" ownership requirement or a repayment to the County in an amount equal to one-half of the sales price in excess of five percent increase per year. The excess payment shall be maintained in a segrated fund, established by the County solely for affordable housing purposes. 4. "Intermediate Gap Housing" units would be restricted from occupancy by the Developer or any persons related to or affiliated with the Developer, or resident manager. 5. No nondiscriminatory actions for the advertisement, sales, and maintenance of the "Intermediate Gap Housing" units. The Developer shall be responsible for the payment of any real estate commissions and fees for the initial sale of the "Intermediate Gap Housing" units. 6. The "Intermediate Gap Housing" units will be developed in phases at the discretion of the Developer. PREPARED BY: Michael J. DeRuntz, C.F.M., Principal Planner Department of Zoning & Land Development Review - PUDZ-04-AR-6258 Page 5 of5 Executive Summary Item Numb.r Item Summory M..Ung Dote Approved By Sandra L.an COJnl'lmnlty Dltvcllopmnnt & Env¡,untnental S~fViçes Agenda Item No. 8C June 28, 2005 Page 6 of 132 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS BC ThIs Item was continued from the April 26, 2005 ace Mee.tmg. TI'116 item requires 1hu1 1111 participant' be sworn in and ex parte disclosure be provided by Commission members PUDZ·20Q4-AR·82SB, Elias Brothers CommuniUe.s at PaJermo Cove. Inc., represented by Dwight Nadeau. of RWA, Jnc" sncl Chuck Basinai1. of Henderson, Franklin, Starnes & Holt, P.A. requesting, rezone! from the Agriculture zoning district to the RUldentlal PlAnned Unit DevelDpment (RPlID) zoning di51rict to b'! knowo as Palermo Cove PLIO, conaistio9 of 131 acres and II. maximum of 624 resIdential dwellìng untls The property is. 10cafed north of Wolfe Road, wesl of CoHiflr Boulevard (CR 951). in Sechon 34, Townsh~p 018 Soúth Range 26 Eas1, Comer COUr1\Y, FlorIda. 6/Z8/Z005 0:0000 AM Excrcl.ltllle Secretary CUlnmunity D.vnlopn1lmT & EnvÎronmuut.1 S~rviclIIs Alimin, Dati: £/1 &12005 12 :0. PM Marjorie M, Student Auist.nt Ccrunty Attomey Date Approved By County A1tomEty ClIunly Attorney OfficI!' 6/1./200£ 1:06 PM Approved By Ray Bellow, Conlmunity Development & Envìronmetlta'Servic;es Chief PI.nner Date Zontng & land Oeveloptnlmt Rqvìew 6J16/20D$ 4:51 PM O¡ltf! Approved By Suø.,m Mutt'uy, AfCP Community D.veloJlrn~nt & Environmental Service, lonlng & l.und Dovul()pment DinH:tør Zoning & Land Dcvlllloprnent R6view Q117/200512:12 PM DatI!' Approved By Constance A. Johnson Community Dltvelopnll1'n1 & Environrnental Sttry/cl!'v Operations AnalY1it COfnnmnlty O....olopmttnl & Environnll1ntal Service.' Admin, 6/17/20061:54 PM Trollf oport8tion Division Admini5lo1rator Dote Approved By Nonn E. Feder, AICP Trans-portio" S4!rviCðS. TI'~"ISO'I()rt.tlOII krvic:ftl; Admin. 8/20120057:31 AM DatI!' Approved By Joaeph K. Sr.;hmltt Community Development & Erlvirunmental Servic., Cornmunlty CevuloJ1mtmt & Envimnrrum1i11 SC\rvi(:f\s Atlrnjn/l.tru1Qf Cornlnunity Dovelupment & Elwironrnl!l'1tal Setvlclts Admin. 6120/200611:.u.AM Adminis.trative Anistant D.te Approved By OMS Coordinator County Mllil\at)ßr'ß Office Office o.f M8n.gement & Budget £/20/2005 1 :04 PM Manaøemcnt & Budget Director Datt! Approved By Mich..! Smy1c.ow.5ki C(IUfl1y M,mIliUflt'n Officlt Oftimt f)f M.naSlillnutllt... Budnllt "20/200£ 6:22 PM County Mana".r O~te Approv.d By James V. Mudd Boa.rd a1 County Comml.s.5~on'm¡. C!,)unty Manauer'ß OHïcf! 6/21/20058:50 AM Agenda Item No. BC June 28, 2005 Page 7 of 132 CQtmr County - ----~ - STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: APRIL 7, 2005 SUBJECT: PUDZ-2004-AR-6258, PALERMO COVE POO AGENT: Dwight Nadeau, AICP RWA, Inc. 3050 North Horseshoe Drive, Suite 270 Naples, FL 34104 APPLICANT/ CONTRACT PURCHASER Elias Brothers Communities at Palermo Cove, Inc. 15100 Collier Boulevard Naples, FL 34119 REQUESTED ACTION: The petitioner wishes to rezone 131 acres from the Rural Agricultural (A) zoning district to the Residential Planned Unit Development (RPUD) zoning district, to be known as Palermo Cove RPUD. GEOGRAPHIC LOCATION: The property is located north of Wolfe Road, and west of Collier Boulevard (CR 951) in Section 34, Township 48 South, Range 26 East, Collier County, Florida. (See illustration on following page) PURPOSEIDESCRIPTION OF PROJECT: The subject site consists of 131 acres and has a zoning designation of Rural Agricultural (A) district. The subject property is located in the Urban (Mixed Use District/Urban Residential Subdistrict) designation. The maximum density permissible in the Rural Agricultural District within the Urban (Urban - Mixed Use District, Urban Residential Subdistrict) is four dwelling units per acre, based upon the Density Rating System of the Growth Management Plan (GMP). The subject site is PUDZ-2004-AR-6258 7,2005 I of 10 eepe MEETING APRIL Agenda Item No. 8C June 28, 2005 Page 8 of 132 presently undeveloped. The proposed density of Palermo Cove RPUD is 4 dwelling units per acre, which results in a maximum of 524 residential dwelling units. The subject property incorporates two tracts of lands that are located diagonal to each other and are connected at the corner of these two tracts. An access easement has been provided to transition the internal roadway system within the property. The project master plan includes a mixture of residential, recreational and preserve land uses. The plan includes the improvement of east-west Wolfe Road and the interface with the property to the north (Summit Place In Naples Subdivision, and Golden Gate Fire Control and Rescue District Station 73). A water management easement to benefit Collier County for the Collier Boulevard six-laning project is proposed to be located near the eastern end of the subject property. A shared perimeter land use buffer with the Golden Gate Fire Department (GGFD) Station 73 MPUD is proposed. SURROUNDING LAND USE AND ZONING: Subject Parcel: The site is undeveloped; zoned Rural Agricultural (A) Surrounding: North: Single and multiple-family residential development, zoned Indigo Lakes PUD, and Brittany Bay Apartments PUD East: Single and multiple-family residential, commercial and essential service development and County Road 951; zoned Summit Place In Naples RPUD, Golden Gate Fire Department (GGFD) Station 73 MPUD, and Vanderbilt County Club PUD South: Private Roadway then partially developed single-family residential and commercial development, zoned Wolfe Creek PUD and Nagel- Craig Business Park PUD (Potential) West: Single and multiple-family residential development, zoned Islandwalk PUD GROWTH MANAGEMENT PLAN CONSISTENCY: 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, this subdistrict permits residential development (a variety of unit types) at a base density of 4 dwelling units per acre (DUI A), subject to the Density Rating System; and recreation and open space uses. This project does not qualify for any density bonuses and is not subject to density reduction. Accordingly, this site is eligible for 4 dwelling units per acre. FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Comprehensive Planning leaves this determination to Current Planning staff as part of their review ofthe petition in its totality. Based upon the above analysis, staff concludes: 1. The proposed uses for the site may be deemed consistent with the FLUE. 2. The proposed density for this site (4.0 DU/A) may be deemed consistent with the Future Land Use Element. 2 ---"-- Agenda Item No. BC June 28, 2005 Page 9 of 132 ZONING MAP 3 Agenda Item No. 8C June 28, 2005 Page 10 of 132 AERIAL MAP Transportation Element: The Transportation Department has reviewed the Petitioner's Traffic Impact Statement (TIS) and has determined that the proposed rezone will generate 4,770 Average Daily trips at the build out of the project in 2008. As a result, this petition is consistent with policies 5.1 and 5.2 of the Transportation Element. Based on the analysis contained in the Traffic Impact Statement (Exhibit "C"), all roadway segments significantly impacted as a result of the Palermo Cove RPUD will operate at or above the adopted Level of Service (LOS) standard for that roadway as established by Collier County. The only exception is Immokalee Road to the west of Collier Boulevard. This link is slated for six- 4 Agenda Item No. 8C June 28. 2005 Page 11 of 132 laning within Fiscal Year 2006. A six-lane Immokalee Road will function acceptably with the addition of the traffic from Palermo Cove. 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 Section 10.02.13 of the Land Development Code and required staff evaluation and comment. The Collier County Planning Commission (CCPC) and the Board of County Commissioners (BCC) also used these criteria as the basis for their recommendation. Appropriate evaluation of petitions for amendments to PUDs should establish a factual basis for supportive action by appointed and elected decision- makers. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are summarized by staff, culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report. (See Exhibit "A" and Exhibit "B") Environmental Analysis: Environmental Services Staff has reviewed the petition and has recommended approval subject to the conditions contained in Section 6.8 of the PUD document and in the Environmental Advisory Council (EAC) Staff Report (Exhibit "D"). The EAC will be reviewing this petition at their April 6, 2005 meeting. The County staff will verbally provide the EAC's recommendations to the CCPC during their public hearing of this item. Transportation Analvsis: Transportation Department Staff has reviewed the petition and has recommended approval subject to the conditions contained in Section 6.5 of the PUD document, including subsection "M" as follows: "Section G-G on Sheet 5 of 5 of the RPUD Plans Set reflects the local residential street cross-section, as mandated by the Collier County Transportation Division. If prior to the completion of the construction of Wolfe Road E/W local street, the County classifies this roadway as a collector or arterial, the Developer shall construct the roadway to the standards set forth by the County. All additional costs associated with the upgrade from a local road to the higher classification shall be eligible for impact fee credits.' Utilities: The Utilities Department Staff has reviewed the petition and has recommended approval subject to the conditions contained in Section 6.7 of the PUD document. Zoning and Land Development Review Analvsis: The evaluation by professional staff includes an analysis of the project's relationship to the community's future land use plan and whether or not a rezoning action would be consistent with the GMP. Other evaluation considerations include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses. In addition, staff offers the following synopsis: Relationship to Future Land Uses - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element of the GMP. The subject property is designated Urban (Mixed-Use District, Urban Residential Subdistrict) as identified on the Future Land Use Map of the 5 Agenda Item No. 8C June 28. 2005 Page 12 of 132 Growth Management Plan. This district permits residential uses, as proposed, at the density proposed. Staff believes that the petitioner's requested uses and density are compatible with the FLUE, thus this petition is consistent with the GMP. Relationship to Existing Land Uses - The subject property is bordered by Collier Boulevard, Wolfe Road, Islandwalk PUD, Indigo Lakes PUD, Brittany Bay Apartments PUD, Summit Place in Naples RPUD and Golden Gate Fire Department (GGFD) Station 73 MPUD. The subject property is located in the Rural Agricultural (A) district. This zoning district permits one residential dwelling unit per five gross acres. The 131 acres would yield 26 units. Presently, the subject property is undeveloped. In rezoning the subject property to a Residential Planned Unit Development (RPUD), the petitioner is proposing to develop a maximum of 524 residential dwelling units by utilizing a base density of four dwelling units per acre. The adjoining residential development to the east, Summit Place in Naples RPUD, was approved for a total of 394 dwelling units on 98.4 7 acres (4 dwelling units per acre); Golden Gate Fire Department (GGFD) Station 73 MPUD, was approved for a total of 50,000 square feet of essential services and governmental office space and 16 multiple- family residential units on 9.4 acres (4 DU/A); Vanderbilt County Club PUD was approved for a total of 800 dwelling units on 323 acres (2.48 dwelling units per acre). Indigo Lakes PUD, which is located to the north, was approved for 442 dwelling units on 181.37 acres (2.43 DU/A), and Brittany Bay Apartments PUD, was approved for a total of 487 dwelling units on 58.6 acres (8.16 DU/A). The Wolfe Creek POO, which is located south of the subject property, was approved for 591 dwelling units on 147.69 acres (4 DU/A); Nagel-Craig Business Park PUD, a proposed commercial development has been continued by the BCC; and further south, Mission Hills PUD was approved for 200,000 square feet of commercial floor area on 33.45 acres. The Islandwalk PUD, which is located to the west of the subject property, was approved for a total of 2, 1 00 dwelling units on 705 acres (3.04 DU/A). Therefore, staff believes the proposed uses for the petition would not adversely impact the existing residential land uses in the area. Furthermore, staff believes that the development regulations, landscaping, and the screening and buffering requirements of the PUD District will meet the goals of the GMP and enhance the aesthetic quality of this area. Deviation Discussion: The petitioner is seeking four deviations and has identified them in Sections 2.7.A, 2.7.C, 2.10.B, and 6.11.B of the PUD document. The petitioner has provided justification in support of the deviations in correspondence received by the staff with the application on December 1, 2004 (Exhibit B). Staff has analyzed the deviations and provides the analyses and recommendations below. Deviation 1 seeks relief from LDC Section 6.06.01 (0) for cul-de-sac and local street right-of-way width requirements. The petitioner is seeking relief from the requirement to provide a 60-foot wide local road right-of-way. The petitioner is proposing that: All platted project streets shall have a minimum 50-foot right-of-way. The petitioner provided the following justification for this deviation: 6 Agenda Item No. BC June 28, 2005 Page 13 of 132 "to provide for flexibility in the development design, subject to providing easement for required utilities generally parallel to the right-oi-way. This is a reasonable deviation that has been implemented in subdivisions throughout the County, and does not compromise health, safety, and welfare issues related to civil engineering design. " Staff is supportive of deviation No. 1 with the stipulation that the streets shall remain private. The current interior roadway system is privately maintained and the added roadway surface would be the same. Staff, therefore, finds the deviation in compliance with LDC Section 1O.02.B.A.3, in that the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community." Deviation 2 seeks relief trom LDC Section 3.2.8.4.16.10 for tangent requirements. The petitioner is seeking relief trom tangents to be provided between reverse curves on al1 streets. The petitioner is proposing that: Tangents between reverse curves are not required for any local street design in this RPUD. The petitioner provided the following justification for this deviation: "This RPUD will not require tangents between reverse curves in order to provide greater subdivision design flexibility. All internal roads within the RP UD will be private, and have low posted speed limits, and will have a curvilinear design that has been shown to act as traffic calming measures by reducing local traffic speeds. Additionally, the flat terrain found on site does not warrant the need for tangents. This is a reasonable deviation that has been applied throughout the County, and does not comprise a risk to public health, safety and welfare. " Staff is supportive of deviation No.2 with the stipulation that the streets shal1 remain private. The current interior roadway system is privately maintained, and the added roadway surface would be the same. Staff, therefore, finds the deviation in compliance with LDC Section 10.02.1 3.A.3 in that the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community." Deviation 3 seeks relief from LDC Section 5.04.04.B.5.c for the number of model homes permitted within a project. The petitioner is seeking re1ief from the required maximum of five model homes. The petitioner is proposing: Palermo Cove may have one model home representing each type of residential product. The number of model homes may exceed five, but shall not exceed a total of ten. The petitioner provided the following justification for this deviation: "In an effort to provide a variety ofresidence styles and floor plans within residential development, it is essential not to arbitrarily limit the opportunity of a home buyer to see the creativity of the architecture proposed in a development. To do so could 7 Agenda Item No. 8C June 28, 2005 Page 14 of 132 result in monotonous tract housing reminiscent of the "new town" movement after the end of the World War II This deviation is appropriate, and does not negatively affect the health and safety, nor welfare of the future residents of the development. A reasonable limitation on the number of models has been provided for in the RP UD Document. " Staffis not supportive of deviation No.3. The LDC maximum limitation of five model homes is not arbitrary. Allowing for five models per project provides the developer the opportunity to demonstrate the different products that can be provided. It also provides a limitation to the use of land provided for this temporary use. Staff, therefore, finds the deviation not to be in compliance with LDC Section 10.02.13.A.3 in that the petitioner has not demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community." Deviation 4 seeks relief from LDC Section 4.06.05.8.11 for a 5-foot set-back from the property line and the toe-of-slope ofa two-foot or higher berm. The petitioner is seeking relief from the required minimum distance between the property line and the toe-of-slope. The petitioner is proposing: No toe-of-slope setback shall be required from the common property/tract boundary of the residential tract (Tract R) and the proposed GGFD Station 73 MPUD. The petitioner provided the following justification for this deviation: "A required land use buffer will be shared between the Residential Tract (Tract R), and the Community Facilities Tract (Tract CF), in the GGFD Station 73 MPUD, and the Residential Tract (Tract R) in the proposed Palermo Cove RPUD. Requiring toe- of-slope setback would create a non-uniform improvement that would tend to collect storm water and irrigation water that would eventually compromise the integrity of the landscape plantings and the berm itself. " Staff is supportive of deviation No.4 with the stipulation that the easement agreements with the adjoining property, for the maintenance of this buffer area, shall be recorded at the time of the approval of the record plat. Staff, therefore, finds the deviation in compliance with LDC Section 10.02.13 .A.3 in that the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community." NEIGHBORHOOD INFORMATION MEETING: Synopsis provided by Linda Bedtelyon, Community Planning Coordinator: The applicant held the required NIM on November 8, 2004 at 5:30 P.M. at the Faith Community Church, 6455 Hidden Oaks Lane, Naples, FL. Two individuals other than the applicant's agents and county staff were present. R W A, Inc.'s Bob Mulhere, standing in for Dwight Nadeau, presented the proposal for rezone without objections or opposition stated. One of the audience members, who identified herself as a resident of Island Walk, asked several questions regarding access points, buffering and the residential product proposed. Mr. Mulhere suggested that as agents for the 8 Agenda Item No. BC June 28, 2005 Page 15 of 132 applicant, R W A, Inc. would like to speak at an upcoming Island Walk homeowner's association meeting to give additional opportunity to the residents to communicate any concerns. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPe) forward a recommendation of approval of petition PUDZ-04-AR-6258, subject to the conditions of approval that have been incorporated in the PUD document and the following recommendations: 1. That Deviation #3 not be granted as noted above in the staff report. 2. Revise Section 2.11 of the PUD document to require that the clubhouse be consistent with Subsection 1O.02.04.A.4 of the Land Development Code. 9 ;·.,....-""·.""""',._"''''''''"'''".._"'',"""'"',,,,''''''''L'"'"''''· ,.', " Agenda Item No. 8C June 28, 2005 Page 16 of 132 PREPARED BY: MICHAEL J. DE RUNTZ, C.F.M., PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW REVIEWED BY: RAY BELLOWS, ZONING MANAGER DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW DATE SUSAN MURRAY, AICP, DIRECTOR DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW DATE APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE Petition PUDZ-2004-AR-6258 Tentatively scheduled for the April 26, 2005 Board of County Commissioners Meeting. COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN 10 · _.__._-~---_._,- Agenda Item No. 8C June 28, 2005 Page 17 of 132 APPLICATION FOR PUBLIC HEARING FOR: !:8JpUD REZONE (PUDZ) []Pun TO PUD REZONE (PUDZ-A) Petition No.: PI As· d· RE-SUBMrITAL anner slgne. _ PUDz.1OO4-AR-6258 PROJECT #2004040001 C .. D" DATE: 1211104 omnnSSlOn IStrlct: _ MICHAEL DERUNTZ Date Received: ABOVE TO BE COMPLETED BY STAFF 1. General Informadon: Name of Applicant(s) Elias Brothers Communities at Palenno Cove. Inc. Applicant's Mailing Address 15100 Collier Boulevard City Naples State Florida Zip 34119 Applicant's Telephone # (239) 354-2080 Fax. # (239) 354-2611 Applicant's E-Mail Address:gina.green(cV.ebcswfl.com Name of Agent Dwight Nadeau Firm RW A. Inc. Agent's Mailing Address 3050 North Horseshoe Drive. Suite 270 City Naples State Florida Zip 34104 Agent's Telephone # (239) 649-1509 Fax. # (239) 649-7056 Agent's E-Mail Address: dhnra>.consult-rwa.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 AuDlIcation For Public Burin!! For PUD Rezone 8/19103 "';''''''''"',,,.,,,,~,,,,,,,¡,,-~¡,¡.,,,,,,,,_...,"","-,,~",,,,",.,,,,,,,.",.,.~..,",,.....,."." Name of Agent Chuck Basinait Agenda Item No. 8C Firm Henderson. F~nklin Starnes & ~ 1.At~~~ Agent's Mailing Address 1715 Momoe StreetIP.O. Box 280 City Ft. Mvers State Florida Zip 33901-0280 Agent's Telephone # (239) 334-4121 Fax # (239) 334-4100 Agent's E-Mail Address: charles.basinait@henlaw.com *Be aware that Collier County has lobbyist regulations. Guide yourself accordingly 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 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: a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in cÇ)mmon, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Aoolication For Public Harial! For PUD Rezone 11119/03 -.--- Name and Address Michael D. Rosenman Harry B. Rosenman 145 Lake DestinyTrl Altamonte SD2. FL 32714-3458 Agenda Item No. 8C . June 28, 2005 Percentage ofOwncrship Page 19 of 132 Folio # 00203360000 100% Acreage: 20 ± Harry Rosenman Alice McNeese 145 Lake Destiny Trl Altamonte Sog. FL 32714-3458 Folio # 00203480003 100% AcrealZe: 9.77 ± Harry Rosenman Michael Rosenman Alice McNeese 145 Lake Destiny Trl Altamonte SOg. FL 32714-3458 Folio # 00204000000 100% Acreage: 2o± b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Harvey Bros. Farms. Inc. Rodney Harvey 4480 7th Ave NW Naples. FL 34119-1528 Percentage of Stock Folio # 00203760008 100% Acrea¡ze: 20 ± Elias Brothers Communities at Palermo Cove. Inc. 15100 Collier Boulevard Naples. FL 34119 Folio # 00204760900 100% Acreage: .23 ± Elias Brothers Communities at Palermo Cove. Inc. 15100 Collier Boulevard Naples. FL 34119 Folio # 00203920000 100% AcrealZe: 10± 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 William E. and Nonna M. Fleming. Trustees of the W E & N M Flemin¡z Rev Inv Trust UTD 03/31/95 7771 NW 181st St. Hialeah. FL 33015-2854 Percentage of Interest Folio # 00203720006 100% Acreage: 20± Eleanor Rosenman. Trustee. of the Eleanor H. Rosenman Trust UTD 12/20/89 145 Lake Destinv Trl Folio # 00203400009 100% Acreage: 20± ADDIic:ation For Public Bcarin!! For POO Rezone 8129103 Altamonte SPIl. FL 32714-3458 Agenda Item No. 8C June 28, 2005 Page 20 of 132 Allen M. Rosenman. Trustee F/B/O Allen M. Rosenman. Trust UTD 12/20/89 145 Lake Destinv Trl Altamonte Spg:. FL 32714-3458 Folio # 00203440001 100% Acreage: 10:%: d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general andlor 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. Percentage of Ownership Folio # 00203360000 Folio # 00203480003 Folio # 00204000000 Folio # 00203760008 Folio # 00203720006 Folio # 00203400009 Folio # 00203440001 100% Name and Address Elias Brothers Comm1.U1Ïties at Palermo Cove. Inc. 15100 Collier Boulevard Naples. FL 34119 Date of Contract: Julv. 2003 f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property acquired (X) leased ():12/2003 & 2/2004 Term oflease yrs.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 occur subsequent to the dat hearing, it is the responsibility of the applicant, or agent on his behalf, to submit ADDllcatioD For Public Harlo!! For PUD Rezooe 8/29/03 a supplemental disclosure of interest form. Agenda Item No. 8C June 28,2005 Page 21 of 132 3. Detailed lef:!al 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 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: 48 South Range: 26 East Lot: Block: Subdivision: Plat Book_ Page #: Property I.D.#:00203360000: 00203480003: 00204000000: 00203760008:00203720006:00203400009:00203440001.00203920000. and 00204760900 Metes & Bounds Description: LEGAL DESCRIPTION FOR PARCEL "A" PARCEL OF LAND SITUATED IN SECflON 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULAR!.. Y DESCRIBED AS FOLLOWS. COMMENCING AT THE EAST 1/4 CORNER OF SECflON 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF COLLIER cmJNIT, FLORIDA; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECflON 34, N.89°51'50"W., A DISTANCE OF 100.09 FEET, TO A POINT ON THE WEST RIGHT- OF- WAY OF COLLIER BOULEVARD (S.R. 951) AND BEING THE POINT OF BEGINNING OF PARCEL "A" HEREIN DESCRIBED;THENCE CONTINUE ALONG THE SOUTH LINE OF THE SAID NORTIIEAST 1/4, N.89°51'50"W., A DISTANCE OF 2544.09 FEET, TO THE CENTER OF SAID SECTION 34; TIffiNCE LEAVING THE SOUTH LINE OF THE SAID NORTHEAST 1/4 AND ALONG THE WEST LINE OF THE SAID NORTHEAST 1/4, N.02°15'21"W., A DISTANCE OF 668.98 FEET, TO THE NORTHWEST CORNER OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SAID NORTHEAST 1/4; THENCE LEAVING THE WEST LINE OF THE SAID NORTHEAST 1/4 AND ALONG THE NORTII LINE OF THE SOUTH 1/2 OF THE SOUTHWEST 114 OF THE SAID NORTHEAST 1/4, S.89°52'42"E., A DISTANCE OF 1322.11 FEET, TO mE NORTHEAST CORNER OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SAID NORTHEAST 1/4; THENCE ALONG THE EAST LINE OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SAID NORTHEAST 1/4, S.02°15'lO"E., A DISTANCE OF 334.65 FEET, TO THE SOUTHWEST CORNER OF THE NORTII 1/2 OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF mE SAID NORTHEAST 1/4; THENCE ALONG mE SOUTH LINE OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE SAID NORTHEAST 1/4, S.89°52'16"E., A DISTANCE OF 1222.01 FEET, TO A POINT THE SAID WEST RIGHT-OF-WAY; THENCE ALONG THE SAID WEST RIGHT-OF-WAY, S.02°14'59"E., A DISTANCE OF 334.80 FEET, TO THE POINT OF BEGINNING OF PARCEL "A" HEREIN DESCRIBED; CONTAINING 29.7 ACRES, MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE 1983 NORTH AMERICAN DATUM (1999) ADJUSTMENT STATE PLANE COORDINATE SYSTEM (GRID) FOR THE FLORIDA EAST ZONE. LEGAL DESCRIPTION FOR PROPOSED PARCEL "B" PARCEL OF LAND SITUATED IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULAR!.. Y DESCRIBED AS FOLLOWS. ADøIlcation For Public Hurial! For roo Rezone 8/29f03 Agenda Item No. BC June 28, 2005 COMMENCING AT THE EAST 1/4 CORNER OF SECTION 34, TOWNSH1P 48 SOUTH, RANÖ~~1>~~~; 32 OF COLLIER COUNTY, FLORIDA; THENCE ALONG TIrE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 34, N.89°51'50"W., A DISTANCE OF 2644.18 FEET, TO THE CENTER OF SAID SECTION 34; THENCE LEAVING THE SOUTH LINE OF THE SAID NORTHEAST 1/4 AND ALONG THE WEST LINE OF THE SAID' NORTHEAST 1/4, N.02°15'21"W., A DISTANCE OF 668.98 FEET, TO THE SOUTHEAST CORNER OF THE NORTIi 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 34 AND BEING THE POINT OF BEGINN1NG OF PARCEL "B" HEREIN DESCRIBED; THENCE LEAVING THE WEST LINE OF THE SAID NORTIlEAST 1/4 AND ALONG THE soum LINE OF THE NORTII 1/2 OF THE SOUTH 1/2 OF TIIE NORTIIWEST 1/4 OF SAID SECTION 34, N.89°52'05"W., A DISTANCE OF 2642.61 FEET, TO TIIE SOUTHWEST CORNER OF THE NORTH 1/2 OF TIIE SOUTH 1/2 OF THE NORTIIWEST 1/4 OF SAID SECTION 34 AND BEING A POINT ON THE EAST LINE OF ISLANDW ALK PHASE FIVE "A", AS RECORDED IN PLAT BOOK 35, PAGES 81 THROUGH 84 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE WEST LINE OF THE SAID NORTHWEST 1/4, N.02°13'33"W., A DISTANCE OF 1337.54 FEET, TO THE SOumwEST CORNER OF INDIGO PRESERVE, AS RECORDED IN PLAT BOOK 40, PAGES 54 THROUGH 57 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE SOUTH LINE OF TRACT "C-3" OF SAID INDIGO PRESERVE, S.89°52'34"E., A DISTANCE OF 1320.95 FEET, TO THE SOUTHEAST CORNER OF SAID TRACT "C-3"; THENCE ALONG THE EAST LINE OF SAID TRACT "C-3", N.02°13'SI"W., A DISTANCE OF 668.93 FEET, TO THE SOUTHWEST CORNER OF TRACI' "C-4" OF SAID INDIGO PRESERVE; THENCE ALONG THE SOUTH LINE OF SAID TRACT "C-4", S.89Q52'39"E., A DISTANCE OF 1320.65 FEET, TO THE SOUTHEAST CORNER OF SAID TRACT "C-4"; TIIENCE LEAVING THE SOUTH LINE OF SAID TRACT "C-4" AND ALONG THE WEST LINE OF TIIE SAID NORTIIEAST 1/4, S.02°15'21"E., A DISTANCE OF 2006.93 FEET, TO THE POINT OF BEGINNING OF PARCEL "B" HEREIN DESCRIBED; CONTAINING 101.3 ACRES, MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON TIIE 1983 NORTH AMERICAN DATUM (1999) ADJUSTMENT STATE PLANE COORDINATE SYSTEM (GRID) FOR THE FLORIDA EAST ZONE. 4 . Size of propertv: 2.378ft. X 2.399ft. = Total Sq. Ft. 5.706.360 Acres 131± 5. Address/e:enerallocation of sublect propertv: North of Wolfe Road. east of County Road 951. 6. PUD District (LDC 2.2.20.4): ¿5J Residential 0 Community Facilities o Commercial 0 Industrial 7. Adjacent zonine: and land use: Zoning Land use N PUD Indigo Lakes PUD (developed residential) S PUD Wolfe Creek PUD (undeveloped residential) E PUD Summit Place In Naples RPUD (partiallv develoDed residential) W PUD Islandwalk PUD (developed residential) ADDlIcatlon For Public Bearlul! For PUD Rezone 8119/03 .-. .~".- .- Agenda Item No. 8C Does the owner of the subject property own property contiguous to the subject p~~~~~ so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). NO Section: Township: Range: Lot: Block: Subdivision: Plat Book_ Page #: Property I.D.#: Metes & Bounds Description: 8. Rezone Reauest: This application is requesting a rezone from the A. AlZriculture zoning district(s) to the RPUD. Residential Planned Unit Development zomng district(s). Present Use of the Property: Undeveloued Proposed Use (or range of uses) of the property: Residential Sin21e Familv Dwelline: Units. Original PUD Name: 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. PUD Rezone Considerations (LDC Section 2.7.3.2.5) 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 proposed RPUD's consistency with the locational criteria set forth on the Future Land Use Map and supporting Future Land Use Element (FLUE), of the Growth Management Plan (GMP), and consistency with the appUcable Elements related to access, drainage, water, sewer, and other utilities, combined with the development conditions and commitments contained in the proposed RPUD document, gives reasonable assurance that all infrastructure will be developed consistent with County regulations. 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 ADDllcadon For Publle Karlml For PUD Rezone 8/29/03 , Agenda Item No. BC public expense. Findings and recommendations of this type shall be made only~l4B~t~~~ consultation with the county attorney. The documents, including the Covenant of Unified Control, submitted with this Petition Application provide evidence of unified control. Further, the proposed RPUD 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. Please refer to the Statement of Compliance located in the Palermo Cove RPUD Document. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The RPUD Master Plan has been designed to optimize internal land use relationships through the use of various forms of open space separation. Additionally, most external relationships are automatically regulated by the Land Development Code to ensure harmonious relationships between projects. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside by this proposed project meets or exceeds the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The timing and sequence of the permitting the proposed development coincides with the programming of the County's proposed capital improvements to meet concurrency requirements. Adequate improvements, utilities and other facilities can be provided. 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. Relative to this Petition, development of the subject property is timely, because supporting infrastructure are avallable, or will be in place by the time permitting of the proposed improvements is complete. 8. Confonnity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on detennination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. AD Dilution For Public Hurin!! For POO Rezone 8/19103 Agenda Item No. 8C June 28, 2005 The development standards in the proposed RPUD document are similaIPag., !lioše132 standards used for the residential structures and related improvements when compared to County regulations. Additionally, to ensure a compact design for efficiency of infrastructure and perimeter buffering several deviations from the Land Development Code have been propose~ and are identified on the List of Deviations attendant to this petition application. 10. Deed Restrictions: The County is legally precluded from enforcing deed restncnons, 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. 11. 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? No 12. Additional Submittal reauirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unle$s 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 Inunokalee) of a 24" x 36" conceptual site plan [and one reduced 8W' x 11" copy of site plan], drawn to a maximwn 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. Auulicatlon For Public Burio!! For PUD Rezone 8129/03 Agenda Item No. BC . 1m S (EIS) .. b S· 8 AJune 28,2005 d. An EnVU'onmental pact tatement . as reqwred y ection 3. . O.,...26àudJ 32 Development Code (LDC) , or a request for waiver if appropriate. e. Whether or not an EIS is required. two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). 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); 1. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. J. An electronic version of the PUD on a disk as part of this submittal package. k. Boundary Survey, no more than six months old - LDC Section 2.7.3.1.2.(8) Please be advised that Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove their public hearing advertising sign (5) after final action is taken by the B.oard of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign (5) immediately. Aoollcatlon For Public Bearial! For PUD Rezone 8/29/03 Agenda Item No. BC s¡;¿une 28, 2005 STATEMENT OF UTll..ITY PROVISIONS FOR PUD REZONE REOUE ge 27 of 132 1. NAME OF APPLICANT: Elias Brothers Communities at Palermo Cove. Inc. 2 . MAILING ADDRESS: 15100 Collier Boulevard CITY Naples STATE Florida ZIP 34119 3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 4. LEGAL DESCRIPTION: Section: 34 Township: 48 South Range: 26 East Lot: Block: Subdivision Plat Book Page #: Property I.D.#: 00203360000: 00203480003: 00204000000: 00203760008:00203720006:00203400009:00203440001.0020392000O.and 00204760900 Metes & Bounds Description: LEGAL DESCRIPTION FOR PARCEL" A" PARCEL OF LAND SITUATED IN SECITON 34, TOWNSHIP 48 SOUTIl, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS. COMMENCING AT THE EAST 1/4 CORNER OF SECTION 34, TOWNSHIP 48 SOUTIl, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 34, N.89°51'50"W., A DISTANCE OF 100.09 FEET, TO A POINT ON THE WEST RIGHT- OF-WAY OF COLLIER BOULEVARD (S.R. 951) AND BEING TIlE POINT OF BEGINNING OF PARCEL "A" HEREIN DESCRlBED;THENCE CONTINUE ALONGTHE SOUTH LINE OF THE SAID NORTHEAST 1/4, N.89°51'50"W., A DISTANCE OF 2544.09 FEET, TO THE CENTER OF SAID SECITON 34; THENCE LEAVING THE SOUTIl LINE OF THE SAID NORTHEAST 1/4 AND ALONG THE WEST LINE OF THE SAID NORTHEAST 1/4, N.02°15'21"W., A DISTANCE OF 668.98 FEET, TO THE NORTHWEST CORNER OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SAID NORTHEAST 1/4; THENCE LEAVING THE WEST LINE OF THE SAID NORTHEAST 1/4 AND ALONG THE NORTH LINE OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SAID NORTHEAST 1/4, S.89°52'42"E., A DISTANCE OF 1322.11 FEET, TO THE NORTHEAST CORNER OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SAID NORTHEAST 1/4; THENCE ALONG THE EAST LINE OF THE soum 1/2 OF THE SOUTHWEST 1/4 OF THE SAID NORTHEAST 1/4, S.02°15'10"E., A DISTANCE OF 334.65 FEET, TO THE SOUTHWEST CORNER OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE SAID NORTHEAST 1/4; THENCE ALONG THE SOUTH LINE OF THE NORTH 1/2 OF THE SOUTH 1/2 OF TIlE SOUTIIEAST 1/4 OF THE SAID NORTHEAST 1/4, S.89°52'16"E., A DISTANCE OF 1222,01 FEET, TO A POINT THE· SAID WEST RIGHT-OF-WAY; THENCE ALONG THE SAID WEST RIGHT-OF-WAY, S.02°14'59"E., A DISTANCE OF 334.80 FEET, TO THE POINT OF BEGINNING OF PARCEL "An HEREIN DESCRIBED; CONTAINING 29.7 ACRES, MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICITONS OF RECORD. ~DDlicatiOD For Public BoriDE For POO RezoDe 8/19/03 / ---------.------------- .-.- . Agenda Item No. BC BEARINGS ARE BASED ON THE 1983 NOR1H AMERICAN DA11JM (1999) ADJUS-, "ðf~~ PLANE COORDINATE SYSTEM (GRID) FOR THE FLORIDA EAST ZONE. LEGAL DESCRIPTION FOR PROPOSED PARCEL "B" PARCEL OF LAND SITUATED IN SECTION 34, TOWNSH1P 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEIN'G MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE EAST 1/4 CORNER OF SECrION 34, TOWNSH1P 48 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECrION 34, N.89°51'50"W., A DISTANCE OF 2644.18 FEET, TO THE CENTER OF SAID SECTION 34; THENCE LEAVING THE SOUTH LINE OF THE SAID NORTHEAST 1/4 AND ALONG THE WEST LINE OF THE SAID NORTIiEAST 1/4, N.02°15'21"W., A DISTANCE OF 668.98 FEET, TO THE SOUI'HEAST CORNER OF THE NORTIl 1/2 OF THE SOUTH 1/2 OF THE NORTIIWEST 1/4 OF SAID SECTION 34 AND BEING THE POINT OF BEGINNING OF PARCEL "B" HEREIN DESCRIBED; THENCE LEAVING TIlE WEST LINE OF THE SAID NORTHEAST 1/4 AND ALONG THE SOUTII LINE OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 34, N.89°52'05"W., A DISTANCE OF 2642.61 FEET, TO THE SOUTHWEST CORNER OF THE NORTH 1/2 OF THE SOlITH 1/2 OF THE NORTHWEST 1/4 OF SAID SECrION 34 AND BEING A POINT ON THE EAST LINE OF ISLANDWALK PHASE FIVE "A", AS RECORDED IN PLAT BOOK 35, PAGES 81 THROUGH 84 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE WEST LINE OF THE SAID NORTHWEST 1/4, N.02°13'33"W., A DISTANCE OF 1337.54 FEET, TO THE SOUTHWEST CORNER OF INDIGO PRESERVE, AS RECORDED IN PLAT BOOK 40, PAGES 54 THROUGH 57 OF THE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE SOUTH LINE OF TRACT "C-3" OF SAID INDIGO PRESERVE, S.89°52'34"E., A DISTANCE OF 1320.95 FEET, TO THE SOUTHEAST CORNER OF SAID TRACT "C-3"; TIŒNCE ALONG THE EAST LINE OF SAID TRACT "C-3", N.02°13'51 "W., A DISTANCE OF 668.93 FEET, TO THE SOU1HWEST CORNER OF TRACf "C-4" OF SAID INDIGO PRESERVE; THENCE ALONG THE SOUTH LINE OF SAID TRACf "C-4", S.89°52'39"E., A DISTANCE OF 1320.65 FEET, TO THE SOUTHEAST CORNER OF SAID TRACT "C-4"; THENCE LEAVING THE soum LINE OF SAID TRACf "C-4" AND ALONG THE WEST LINE OF THE SAID NORTHEAST 1/4, S.02°15'21 "E., A DISTANCE OF 2006.93 FEET, TO THE POINT OF BEGINNING OF PARCEL "B" HEREIN DESCRIBED; CONTAINING 101.3 ACRES, MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRlCfIONS OF RECORD. BEARINGS ARE BASED ON THE 1983 NOR1H AMERICAN DATUM (1999) ADJUSTMENT STATE PLANE COORDINATE SYSTEM (GRID) FOR THE FLORIDA EAST ZONE. 5 . TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM [g b. CITY UTILITY SYSTEM 0 c. FRANCmSED UTILITY SYSTEM 0 PROVIDE NAME d. PACKAGE TREATMENT PLANT 0 (GPD capacity) e. SEPTIC SYSTEM 0 6. TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCmSED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) [g o o o ADDUcatiOD )lor Public HearlDI! For PUD Rezone 8/29/03 7. TOTAL POPULATION TO BE SERVED: 948.44 (524*1.81) Agenda Item No. 8C June 28, 2005 Paqe 29 of 132 8. PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK 268.07 GPM AVERAGE DAILY 175.461.4 GPD (LOS: 185) B. SEWER-PEAK 240.1 GPM AVERAGE DAILY 137.523.8 GPD (LOS: 145) Peak = Average Daily X 2.2 peak factor + 1440 minutes 9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: First Ouarter 2006. 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 affluent 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 engmeer. 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 permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OrnER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Utility Provision Statement RJM 10ß7/97 AnnUc:atioD For PubUc Burial! For roo Rezone 8/29/03 Agenda Item No. 8C June 28, 2005 PUD REZONE APPLICATION Page 30 of 132 SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS #OF NOT COPIE REQUIRED REQUIRED S 1. Completed ApplicationIPUD documents 24* X 2. Copy of Deed(s) and list identifying Owner(s) and all Partners 2* X if a Corporation 3. Completed Owner/Agent Affidavit, Notarized 2* X 4. Pre-application notes/minutes 24* X 5. Conceptual Site Plans 24* 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 attachments and sketches) 9. Traffic Impact Statement - (TIS) 7 X 10. Historical & Archaeological Surveyor Waiver Application 4 11. Copies of State and/or Federal Permits 4 X . 12. Architectural Rendering of Proposed Structure(s) 4 13. ~Application Fee - "POO Rezone" = $10,000 + $25 per acre X [gIComprehensive Planning Consistency Review = $2,250 o Application Fee - "POO to PUD Rezone" = $8000 Fire Code Review = $150 EIS Review = $1600 Check shall be made payable to: Collier County Board of Commissioners 14. An electronic version of the POO on a disk as part of the X submittal packet. 15. Affordable Housing Density Bonus Agreement including all 4 Appendices and Exhibits. 16. Boundary Survey (no more than 6 months old) 5 X 17. OTHER REQUIREMENTS: · Documents required for Long-Range Planning Review ·1 additional copy if for affordable housing As the authorized agent/applicant for this petition, I attest that all of the ÏDfonnation indicated on this checklist is included in this submittal package. I understand that failur, to include all necessary submittal information may result in the delay of processing this petition. AøDllcaÚoo For Public a_riot! For PUD Rezooe 8/19103 -- '''.-------.------'''--..".'''" Agenda Item No. BC June 28, 2005 Page 31 of132 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 rezone requests for property less than 10 acres in size, although based on the intensity or unique character of a petition, a major TIS may be required for petition of ten acres or less. MAJOR TIS: Required for all other rezone requests. A minor TIS shall include the following: 1. Trip Generation: (at build-out) Annual Average Daily Traffic Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (PSDT) 2. Trip Assignment: Within Radius of Development Influence (RDI) 3. Existing Traffic: Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) 4. Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of service (LOS). 5. Any proposed improvements (to the site or the external right-of-way) such as providing or eliminating an ingress/egress point, or providing turn or decellanes or other improvements. 6. Describe any proposal to mitigate the negative impacts on the transportation system. 7. For Rezones Only: State how this request is consistent with the applicable policies of the Traffic Circulation 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 Analysis 2. Background Traffic 3. Future Traffic 4. Through Traffic 5. Planned/Proposed Roadway Improvements 6. Proposed Schedule (phasing) of Development ADDlleatiOD For Publh: Burlnl! For PUD Rezone 8/29103 Agenda Item No. BC June 28. 2005 Page 32 of 132 TRAFFIC IMPACT STATEMENT mS) STANDARDS: The following standards shall be used in preparing a TIS for submittal in conjunction with a conditional use or rezone petition: 1. Trio Generation: Provide the total traffic generated by the project for each link within the project's Radius of Development Influence (RDI) in conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation by the petitioner or the County justifies the use of alternative rates. 2. TriD Assimment: Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The assignment shall be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. 3. Existine: 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 DeveloDment Influence (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 DR! Other (commercial, industrial, institutional, etc.) o - 49, 999 Sq. Ft. 2 Miles 50,000 - 99, 999 Sq. Ft. 3 Miles 100,000 - 199,999 Sq. Ft. 4 Miles 200,000 - 399, 999 Sq. Ft 5 Miles 400,000 & up 5 Miles In describing the RDI the TIS shall provide the measurement in road miles from the proposed project rather than a geometric radius. 6. Intersection Analvsis: An intersection analysis is required for all intersections within the RDI where the sum of the peak-hour critical lane volume is projected to exceed 1,200 Vehicles Per Hour (VPH). ADDn~.tion For Public Hurlol! FOT PUD Rezone 81Z9/03 Agenda Item No. BC . JUŒ~]§~~005 7. Back2round Traffic: The effects of preVIously approved but undeveloped ~~9~) '32 developed projects which may affect maJor thoroughfares within the RDI of the proposed project shall be provided. This information shall be depicted on a map or, alternatively, in a listing of those proj ects and their respective characteristics. 8. Future Traffic: An estimate of the effects of traditional increases in traffic resulting from potential development shall be provided. Potential development is that which may be developed maximally under the effective Future Land Use Element (FLUE) and the Collier County Land Development Code. This estimate shall be for the projected development areas within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. 9. 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. PlannedlProDosed Roadwav ImDrovements: 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 Pbasine:: When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts of a project are mitigated through a phasing schedule, such a phasing schedule may be made a condition of any approval. NOTICE: This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning for a period of six (6) months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re-opened by submitting a new application, repayment of all application fees and granting of a detennination of "sufficiency". Further review of the project will be subject to the then current code. (LDC Section 2.2.20.2.3) ADDllcatloo For Public He.rlo!! For POO Rezone 8/19103 Agenda Item No. BC June 28, 2005 Page 34 of 132 (i) RE-SUBMmAL PUDZ.2004·AR-6258 PROJECf InOO404000J DATE: 1111104 MlCHAELDERVNTZ AFFIDA VIT 1, Ovadia R. Elias, President of Elias Brothers Communities at Palermo Cove, Inc. being first duly sworn, depose and say that Elias Brothers Communities at Palermo Cove, Inc. is the contract purchaser of the property described herein, and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, . including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be significantly altered. Public hearings will not be advertised until this application is deemed complete, and all required in ation has been submitted. ~Vct. dl ~ 1(1) ~, Signature of Contract Purchaser CN41L~ ~0t.Û. £/ìQ..5 Typed or Printed Name of Contract Purchaser The foreg~twQ$ acknuwledged before me this .;z¥'" day of k;. 200..!z£, , Æ !~ who is personally known to me or produced as identification. State of Florida County of Collier ~~ Florida} .''''''''~ l~~' ..~ Kathleen Champion ~ J~ MY COMMISSION, 00154469 EXPIRES . ~.... .~ Sep1ember 30,2006 '11:'" . . IOI4DEDnilWTROYFAJN I~ 1He. (print, TyPe, or Stamp Commissioned Name of Notary Public) .._...._-_._-~- ...._"---.,,...,- Ül.fJN root") .0...... ON- Z .0 ro EN~ 1VQ.)(l) ;::=COJ ro:Jro -c'a.. C (l) OJ « co 10 C'Ij CO I a:: ..:( -- , ...,. C C C'Ij , .-..- I N ~ C' - I- ::! t I t t -~I ~ ~ III -II !:: ; ~ i :! ~i ii::! ¡¡ I I l- I I Ul I a.. ;!: ;:¡ t I I ~ I<~~ :: i~ i~ D.. I 5 i ii;!: <C _AnICII _ IOIYO I il ~ I ~ I II ! Z B "=i !! i~ B. e ~~~ 5 5 J - l- I ~ 1;1 I <C .IlèJ ¡ Ix ~ i . i II ~ I . i~~ () Ii ~ . "IIi äl~ e I I t -I~! _"'""'" IMI01 , ...J I~ ~ t ~I ::: ¡;: 11~ IX" ;~ i- ~ii lIiï lX- I I I~ :::~! """""""" I .-n3 .w.HnDD . rœ IØXW. I&IIW,I,O 1L"¡UV1IIIUH1 tL~llVJaBJ.N1 ~ ~~ II I ¡ I ¡ I ì I I j D.. <C ~ W I- en =---~',. ............ ",,~~ .~,:~~~~'R! ŒWI'.JMÆtœIIII'J"N JI¥'.W....... Agenda Item No. 8C June 28 2005 ... - .. .' ". . ..- -..... "..""..- .=!!-.... .!D4trJ.~.... . ~.¥."...' .' ._. ._. _ --~--.r1lWl".il.. --fill ___ --:- ,.~.~ --. ~.....~ 8· ~j ~~ ..... ~. . o.~. Uoo 0< ~§. ~.~ .,! p. q,J I J.. i I ! .tll-' JA~fÎ ii!llll t fl.i 19-1.~.· !d·'&' ·111 ·it I~II! au " g ....."".,¡"..IIII~ ~j, V u llHIHX2I ;1 r ~.".~',-- __tift"'" ... '~""~."""'_"'" ..._.u___-_, I~~ I. H·t.~¡ ì .-1IJ1ii ¡~ 1 ·,.·.·'·1· !I. . to)). . klí. Agenda Item No. BC June 28, 2005 Page 37 of 132 ORDINANCE NO. 05-_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE ~CH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE RURAL AGRICULTURE (A) ZONING DISTRICT TO THE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT TO BE KNOWN AS PALERMO COVE RPUD LOCATED NORTH OF WOLFE ROAD, WEST OF COLLIER BOULEVARD (C.R 951), IN SECTION 34, TOWNSIDP 48 SOUTII, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 131± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Dwight Nadeau, of RW A, Inc. and Chuck Basinait, of Henderson, Franklin, Starnes & Holt, P.A., representing Elias Brothers Communities at Pa1ermo Cove, Inc., 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 34, Township 48 South, Range 26 East, Collier County, Florida, is chlUlged from the Rura1 Agriculture (A) Zoning District to a Residential Planned Unit Development (RPUD) zoning district to be known as the Palermo Cove RPUD in accordance with the Palermo Cove RPUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The appropriate zoning atlas map or maps as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon f¡]ing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _ day of ,2005. 1 of 2 ATTEST: DWIGHT E. BROCK, CLERK Approved as to Fonn and Legal Sufficiency MBljorie M. Student Assistant County Attorney J>UDZ-2004-AR-6258/MJDIIp BOARD OF COUNTY COMMISSIONERS COLLŒR COUNTY, FLORIDA BY: FRED W. COYLE, CHAIRMAN 2 of 2 Agenda Item No. BC June 28,2005 Page 38 of 132 Agenda Item No. BC June 28, 2005 Page 39 of 132 PALERMO COVE RPUD A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING PALERMO COVE RPUD, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: ELIAS BROTHERS COMMUNITIES AT PALERMO COVE, INC. 15100 COLLIER BOULEVARD NAPLES, FLORIDA 34119 PREP ARED BY: UWTA'C CONSULTING ........ Y 'f..L ..IL 6610 WILLOW PARK DRIVE SUI TE 200 NAPLES, FLORIDA 34109 And HENDERSON, FRANKLIN, STARNES & HOLT, P.A 1715 MONROE STREET P.O. BOX 280 FT. MYERS, FL 33901-0280 DATE REVIEWED BY CCPC 417/05 DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL Exhibit "A" 0:\2001\01-0120.01 ARM _ PAlp-rmo rovp- RPI rn Rp-7onim,\0001 Rp-7oninp"\PAIp-rmo rovp- PI 10 0-1 'i-O'i rlp-An.onc' Agenda Item No. BC June 28, 2005 Page 40 of 132 TABLE OF CONTENTS List of Exhibits and Tables Statement of Compliance ii Section I Property Ownership and Description I-I Section II Project Development Requirements II-I Table I 11-2 Section III Residential Development Standards III-I Table II III-3 Section IV Recreation Area IV-I Section V Preserve Area V-I Section VI Development Commitments VI-I 0:\ 200'1\0'1-0 120.0 I ARM - PFllermo î.ove RPI)1) Re70ninp\OOm Re70ninp\PFllermo î.ove PI)J) 0-1 'i-O'i î.leFln.nnc. Agenda Item No. 8C June 28, 2005 Page 41 of 132 LIST OF EXHmITS. TABLES. AND APPENDICES EXHIBIT "A" RPUD MASTER PLAN EXHIBIT "B" BOUNDARY SURVEY EXHIBIT "C" VICINITY MAP TABLE I PROJECT LAND USE TRACTS TABLE II DEVELOPMENT STANDARDS TABLE III MEDIAN INCOME 2005 APPENDIX "A" TYPICAL CROSS SECTIONS APPENDIX "B" CONCEPTUAL WATER MANAGEMENT PLAN O~\ 2001\01-0121l.01 ARM _ P¡¡lermn Î.ove RPl In Re7oninp'\00m Re7nninp'\P¡¡lermn Î.ove PTln Il-l '\-0'\ Î.le¡¡n.no~ -"""""'-""""""'"",,,,,¡,,,,,_",,=",,;;'¡""-'''"''';'-'''''-"'¡;''''',~.' Agenda Item No. BC June 28, 2005 Page 42 of 132 STATEMENT OF COMPLIANCE The development of approximately 13 I acres of property in Collier County, Florida as a Residential Planned Unit Development (RPUD) to be known as the Palermo Cove RPUD shall comply with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan (GMP). The residential and recreational facilities of Palermo Cove RPUD are consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the OMP for the following reasons. 1. The subject property for development is within the Urban (Urban Mixed-Use District, Urban Residential Sub-district) as identified on the Future Land Use Map as provided for in Objective 1 of the Future Land Use Element (FLUE) of the GMP, and the uses contemplated are consistent therewith. 2. The project is proposed to be a residential development located within the Urban (Urban Mixed-Use District, Urban Residential Sub-district), as identified on the Future Land Use Map trom the FLUE, of the Collier County GMP. The Density Rating System of the FLUE provides for a base density of four (4) dwelling units per gross acre. The proposed density of Palermo Cove RPUD is 4.0 units per gross acre, or 524 units, and is therefore consistent with the FLUE, Policy 5.1. of the Collier County GMP. 3. The development standards contained in this Document, combined with the requirements of the Land Development Code (LDC) will insure that the proposed development will be compatible with and complementary to existing and planned surrounding land uses as required by Policy 5.4 of the FLUE. 4. The development commitments and standards contained in this Document, as well as the requirements of the LDC will assure compliance with Policy 3. I of the FLUE. 5. The Palermo Cove RPUD is consistent with and furthers Policy 5.5 of the FLUE in that it is using existing land zoned (designated) for urban uses. 6. The Palermo Cove RPUD implements Policy 5.6 of the FLUE in that more than 60% of the project will be open space or reserved for conservation purposes. 7. The Master Development Plan, with its extensive natural area, lakes and open space areas, and with its low residential density, will insure that the developed project will be an attractive and enjoyable residential development. 8. The project shall comply with the provisions of Chapter 6.02. and Section 10.02.07 of the LDC, and therefore, it will implement, and further Objective 2 of the Future Land Use Element. 11 O~\ 2001\01-0 12fi.01 ARM - P¡¡Ie:rmo rove: RPI In Re:zonim,.\OOm Re:zoninl1\P¡¡Ie:rmo rove: PI 1n 0-1 'i-O'i rle:Hn.rloc' Agenda Item No. 8C June 28, 2005 Page 43 of 132 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 Palermo Cove RPUD. 1.2 LEGAL DESCRIPTION LEGAL DESCRIPTION FOR PARCEL "A" PARCEL OF LAND SITUATED IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS. COMMENCING AT THE EAST 1/4 CORNER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 34, N.89°51 '50"W., A DISTANCE OF 1 00.09 FEET, TO A POINT ON THE WEST RIGHT-OF-WAY OF COLLIER BOULEVARD (S.R. 951) AND BEING THE POINT OF BEGINNING OF PARCEL "A" HEREIN DESCRIBED;THENCE CONTINUE ALONG THE SOUTH LINE OF THE SAID NORTHEAST 1/4, N.89°51'50"W., A DISTANCE OF 2544.09 FEET, TO THE CENTER OF SAID SECTION 34; THENCE LEA VING THE SOUTH LINE OF THE SAID NORTHEAST 1/4 AND ALONG THE WEST LINE OF THE SAID NORTHEAST 1/4, N.02°15'21 "W., A DISTANCE OF 668.98 FEET, TO THE NORTHWEST CORNER OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SAID NORTHEAST 1/4; THENCE LEAVING THE WEST LINE OF THE SAID NORTHEAST 1/4 AND ALONG THE NORTH LINE OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SAID NORTHEAST 1/4, S.89°52'42"E., A DISTANCE OF 1322.11 FEET, TO THE NORTHEAST CORNER OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SAID NORTHEAST 1/4; THENCE ALONG THE EAST LINE OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SAID NORTHEAST 1/4, S.02°15'10"E., A DISTANCE OF 334.65 FEET, TO THE SOUTHWEST CORNER OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE SAID NORTHEAST 1/4; I-I ()~\ 2001\Ol-012n.Ol ARM _ P¡¡lp.rmo rovP. RPl If) Rp.7f\ninp\OOO1 Rp'7oninp\P¡¡1p.rmo rovP. PI)f) n-l 'i-O'i rJp.¡¡n.ooc, Agenda Item No. 8C June 28, 2005 Page 44 of 132 THENCE ALONG THE SOUTH LINE OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE SAID NORTHEAST ]/4, S.89°52'16"E., A DISTANCE OF 1222.01 FEET, TO A POINT THE SAID WEST RIGHT-OF-WAY; THENCE ALONG THE SAID WEST RIGHT-OF-WAY, S.02°14'59"E., A DISTANCE OF 334.80 FEET, TO THE POINT OF BEGINNING OF PARCEL "A" HEREIN DESCRIBED; CONTAINING 29.7 ACRES, MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE 1983 NORTH AMERICAN DATUM (1999) ADJUSTMENT STATE PLANE COORDINATE SYSTEM (GRID) FOR THE FLORIDA EAST ZONE. LEGAL DESCRIPTION FOR PROPOSED PARCEL "B" PARCEL OF LAND SITUATED IN SECTION 34, 1DWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE EAST 1/4 CORNER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST ]/4 OF SAID SECTION 34, N.89°51'50"W., A DISTANCE OF 2644.18 FEET, TO THE CENTER OF SAID SECTION 34; THENCE LEAVING THE SOUTH LINE OF THE SAID NORTHEAST 1/4 AND ALONG THE WEST LINE OF THE SAID NORTHEAST 1/4, N.02°15'21"W., A DISTANCE OF 668.98 FEET, TO THE SOUTHEAST CORNER OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 34 AND BEING THE POINT OF BEGINNING OF PARCEL "B" HEREIN DESCRIBED; THENCE LEAVING THE WEST LINE OF THE SAID NORTHEAST 1/4 AND ALONG THE SOUTH LINE OF THE NORTH ]/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 34, N.89°52'05"W., A DISTANCE OF 2642.61 FEET, TO THE SOUTHWEST CORNER OF THE NORTH ]/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 34 AND BEING A POINT ON THE EAST LINE OF ISLANDW ALK PHASE FIVE "A", AS RECORDED IN PLAT BOOK 35, PAGES 81 THROUGH 84 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE WEST LINE OF THE SAID NORTHWEST 1/4, N.02°13'33"W., A DISTANCE OF 1337.54 FEET, TO THE SOUTHWEST CORNER OF INDIGO PRESERVE, AS RECORDED IN PLAT BOOK 40, PAGES 54 THROUGH 57 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE SOUTH LINE OF TRACT "C-3" OF SAID INDIGO PRESERVE, S.89°52'34"E., A DISTANCE OF 1320.95 FEET, TO THE SOUTHEAST CORNER OF SAID TRACT "C-3"; THENCE ALONG THE EAST LINE OF SAID TRACT "C-3", N.02°13'51 "W., A DISTANCE OF 668.93 FEET, TO THE SOUTHWEST CORNER OF TRACT "C-4" OF SAID INDIGO PRESERVE; 1-2 0:\ 200.1\01-0 12n.0 1 ARM - PAI~rmn Cnv~ RPI In R~7nninp\00m R~7nninp\PAI~rmn Cnv~ PI rn n-I 'i-O'i c.1~¡¡n.rlnc. Agenda Item No. BC June 28. 2005 Page 45 of 132 THENCE ALONG THE SOUTH LINE OF SAID TRACT "C-4", S.89°52'39"E., A DISTANCE OF 1320.65 FEET, TO THE SOUTHEAST CORNER OF SAID TRACT "C-4"; THENCE LEAVING THE SOUTH LINE OF SAID TRACT "C-4" AND ALONG THE WEST LINE OF THE SAID NORTHEAST 1/4, S.02° 15'21 "E., A DISTANCE OF 2006.93 FEET, TO THE POINT OF BEGINNING OF PARCEL "B" HEREIN DESCRIBED; CONTAINING 101.3 ACRES, MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRlCTIONS OF RECORD. BEARINGS ARE BASED ON THE 1983 NORTH AMERlCAN DATUM (1999) ADJUSTMENT STATE PLANE COORDINATE SYSTEM (GRID) FOR THE FLORlDA EAST ZONE. 1.3 PROPERTY OWNERSHIP The subject property is owned by: Elias Brothers Communities at Palermo Cove, Inc. (Folio Nos. 00204760900, and 00203920000). Elias Brother Communities at Palermo Cove, Inc. have the following properties under contract for purchase: Eleanor H. Rosenman Trust Harry Rosenman Norma M. Fleming Trust Harvey Brothers Farms, Inc. Allen M. Rosenman Trust Michael D. Rosenman (Folio No. 00203400009); (Folio Nos. 00204000000, and 00203480003); (Folio No. 00203720006); (Folio No. 00203760008); (Folio No. 00203440001), and (Folio No. 00203360000). 1.4 DEVELOPER The Palermo Cove RPUD is intended to be developed by Elias Brothers Communities at Palermo Cove, Inc. All reference to the "developer" as may be contained in this RPUD Document shall mean Elias Brothers Communities at Palermo Cove Inc., unless, and until the subject property described and depicted in this RPUD Document is sold. It is the responsibility of Elias Brothers Communities at Palermo Cove, Inc. to notify Collier County, in writing, of the land conveyance, of the subject property described and depicted in this RPUD Document within six months of the actual conveyance. 1-3 0:\ 200~\O~-onn.Ol ARM _ Pf1If"rm() rOVf" RPl Jf) Rf"7.0ninp\OOO~ Rf"70ninp\Pf1If"rmo rOVf" Pllf) /l-1 'i-O'i rlf"f1n.cloc Agenda Item No. BC June 28, 2005 Page 46 of 132 1.5 PHYSICAL DESCRIPTION The development property is located in the east half of Section 34, Township 48 South, Range 26 East. The proposed project site is presently undeveloped, but portions of the property have been disturbed by clearing and off-road vehicle use. Historically timbering and cattle grazing have occurred on the property. The property's jurisdictional wetlands have been infested with the exotic species Melaleuca. The property is generally without topographic relief, with elevations ranging from 12.4 feet to 13.7 feet above mean sea level. The site contains areas of jurisdictional wetlands that are characterized as transitional wetlands in which the predominant vegetation is a mix of pine and cypress and associated upland and wetland plants with a mixture of Melaleuca. The water management system consists of approximately 10 acres of water management areas that will receive run-off from structures and parking areas. Run-off will be collected by catch basins and culvert systems for conveyance to the project's internal lake system. The lakes are interconnected by culverts and/or the preserve areas, with project outfall being at the project's southwest corner. Discharge will be into the wetland preserve in the southwest portion of the project site. Flow will continue overland to eventually be collected into the Islandwalk water management system, with ultimate discharge into the 1-75 Canal in accordance with Collier County Ordinance No. 90-10, as amended, which incorporates the Harvey Basin Study. 1.6 PROJECT DESCRIPTION The Palenno Cove RPUD shall be a residential development consisting of detached single- family villas and attached single- family villa residences. The amenities proposed to be provided in the project include structures and areas to provide social and recreational space, lakes, natural and landscaped open spaces, and a variety of passive and active recreational opportunities. It is anticipated that the project will have a single clubhouse tract that will be developed with the actual clubhouse and outdoor recreational improvements including swimming pools, tennis courts, a playground, and potentially a basketball court and volley ball court. The property will be accessed by Wolfe Road on the west side of Collier Boulevard. That segment of Collier Boulevard between Golden Gate Boulevard and Immokalee Road is planned to be improved with a six-lane divided roadway, programmed to commence construction in 2005 (Capital Road Project #65061). Each residential unit shall be served with centrally provided potable water, sanitary sewer, electric power, and telephone. Additional services shall be provided as deeJred appropriate. 1. 7 SHORT TITLE This Ordinance shall be known and cited as the "Palenno Cove Residential Planned Unit Development Ordinance". 1-4 O~\ 1001\01-0 J2ó.0 JAR M - Pfll",rmo rov", RPJ rn R"'7.0ninp-\()OOl R"'7.0ninp-\Pfll",rmo rov", PI In ó-J <;-0<; r¡"'fln.rlnc ---.-..."-.".----- Agenda Item No. 8C June 28, 2005 Page 47 of 132 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate am generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the Palermo Cove RPUD development, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Palermo Cove RPUD shall be in accordance with the contents of this Document, the RPUD-Planned Unit Development District - and other applicable sections and other applicable sections and parts of the Collier County LDC and GMP in effect at the time of building permit application. Where these RPUD regulations fail to provide developmental standards, then the provisions of the most similar district in the County LDC shall apply. B. This RPUD Document and attendant RPUD Master Plan is tailored to provide spec ific development standards for the residential product proposed by the developer. C. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County LDC in effect at the time of building permit application. D. All conditions imposed and all graphic material presented depicting restrictions for the development of the Palermo Cove RPUD shall become part of the regulations that govern the manner in which the RPUD site may be developed. E. Unless modified, waived or deviated from 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 that comprises this RPUD. F. Development perm itted by the approval of this petition shall be subject to a concurrency review under the provisions of Chapter 6.02.00 and Section 10.02.07, Adequate Public Facilities, ofthe County LDC. 2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS A. The project Master Plan, including layout of streets, sidewalks, pedestrian trails and use of land is illustrated graphically by Exhibit "A", RPUD Master Plan. 11-1 0:\ )()O'i\O'i-O 1?/íO 1 ARM - p,.¡]~rmo ('ov" R PI ¡n R"70ninµ\OOO'i R"70ninµ\P"l"rmn ('nv", PI in /í-l 'i-O'i CI,~"n.rinc' ''';'''''''_,";~'''_''''''''IW</:;""","""~,,,,"~,_ Agenda Item No. BC June 28, 2005 Page 48 of 132 TABLE I PROJECT LAND USE TRACTS TYPE UNITS/FT. ACREAGE± TRACT "R" RESIDENTIAL 524 90 TRACT "RA" RECREA TION AREA 0 3 TRACT "P" PRESERVE 0 38 B. Areas illustrated as lakes on Exhibit "A" shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit "A". Minor modification to all tracts, lakes or other boundaries may be permitted at the time of final plat or site development plan approval, subject to the provisions of Sections 10.02.05. and 10.02.03. respectively, of the Collier County LDC, or as otherwise permitted by this RPUD Document. C. In addition to the various areas and specific items shown on Exhibit "A", such easements as necessary (utility, private, semi-private) shall be established within or along the various tracts as may be necessary. 2.4 MAXIMUM PROJECT DENSITY A maximum of 524 residential dwelling units (including attached and detached single- family villas), may be constructed in the total project area. The gross project area is approximately 131 acres. The gross project density, therefore, shall be a maximum of 4.0 dwelling units per acre. 2.5 PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to final local development order issuance for all or part of the RPUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the LDC. B. Exhibit "A", RPUD Master Plan, constitutes the required RPUD Development Plan. Any division of property and the development of the land shall be in compliance with Section 10.02.04. of the Collier County LDC, and the platting laws of the State of Florida. C. The provisions of Section 10.02.03. of the Collier County LDC, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Chapter prior to the issuance of a building permit or other development order II-2 0:\ 20m\Oi-012fì01 ARM - Pi1I~rmn rnv~ RPI In R~7nninp\OOOi R~7nninp\Pi1I{~rmn rnv~ PI m 11.1 'i-O'i rr~i1n.rin~ Agenda Item No. 8C June 28, 2005 Page 49 of 132 D. Appropriate instruments shall be provided at the time of infrastructure improvements regarding any dedications and methods for providing perpetual maintenance of common facilities. E. No side-yards shall be required between units, where multiple units, intended for fee simple conveyance, including each individual lot, are contained in a single principal structure. 2.6 LAKE SETBACK AND EXCA VA TIONS A. Lake setbacks shall conform with the requirements described in Section 22-122(a) of Ordinance No. 04-55, of the Collier County Code of Laws and Ordinances. Lakes may be excavated to the maximum commercial excavation depths set forth in Section 22-112(c) of Ordinance No. 04-55, of the Collier County Code of Laws and Ordinances. Removal of fill from the Palermo Cove RPUD shall be limited to an amount up to ten percent (10%) (to a maximum 20,000 cubic yards), of the total volume excavated unless a commercial excavation permit is received. 2.7 RIGHTS-OF-WAY A. All platted project streets shall have a minimum 50-foot right-of-way. Deviation 1 from Sub-section 6.06.01(0) of the LDC, for cul-de-sac and local streets, and LDC Appendix ß.2 and ß.3 for cul-de-sac and local streets respectively, and Section III, Exhibit "A", Design Requirements for Subdivisions C.13.e. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004-66 which requires 60 feet to allow 50 feet. (See Appendix "A", Typical Cross Sections, and Exhibit A, RPUD Master Plan). These streets shall be private, and shall be classified as local streets. B. Utilization of areas within all project rights-of-way for landscaping, decorative entranceways, and signage may be allowed subject to review and administrative approval by the Collier County Community Development and Environmental Services Administrator, or his designee, for engineering and safety considerations prior to installation. C. Tangents between reverse curves are not required for any local street design in this RPUD. Deviation 2 from Section III, Exhibit "A", Design Requirements for Subdivisions C.13.j. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004-66 . 1I-3 ():I ::>001101-0 12nO 1 ARM - P"Ip,rmo ~ovP, RPllf) Rp'7onin"IOOm Rp'70nin"IP"Ip,rmo ~nvp, PI Jf) n-l 'i-O'i C1p,"ncio~ Agenda Item No. 8C June 28, 2005 Page 50 of 132 - 2.8 AMENDMENTS TO RPUD DOCUMENT OR RPUD MASTER PLAN Changes and amendments may be made to this RPUD Document or RPUD Master Development Plan, Exhibit "A", as provided for in Subsection 10.02.13 .E. of the Collier County LDC. Minor changes and refinements as described in Subsection 6.3.C. of this RPUD Document may be made in connection with any type of development or permit application required by the Collier County LDC. 2.9 DEDICATION AND MAINTENANCE OF COMMON AREAS & FACILITIES Easements shall be provided for water management areas, rights-of-way, and utilities. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time of adoption of this Ordinance establishing the Palerm:> Cove RPUD. Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of residential units or real property within the Palermo Co>e RPUD, the developer shall provide appropriate legal instruments for the establishment of a property owners' association, or master condominium association whose function shall include provision for the perpetual care and maintenance of all common facilities and open space, subject further to the provisions of Section 10.02.13.L. of the Collier County LDC Ordinance No. 04-41 as amended by Ordinance No. 04-72. 2.10 MODEL, SALES, AND CONSTRUCTION OPERATION FACILITIES A. Models, sales/rental centers and other uses and structures related to the promotion and sale and/or rental of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, and signs, shall be permitted principal uses throughout the Palermo Cove RPUD subject to t1e requirements of Chapter 5.04.04. of the Collier County LDC. B. Temporary use permits for sales centers, and model homes may be approved subsequent to zoning approval, and prior to final plat approval, subject to the provisions of Subsection 5.04.04.B.5.c. of the LDC. However, Palermo Cove may have one model home representing each type of residential product. The number of model homes may exceed five, but shall not exceed a total of eight. Deviation 3 from LOC Section 5.04.04.B.5.c. that limits the total number of model homes in a single development to five. C. Temporary use permit applications, and associated site development plan (SOP) application(s) for residential models, may be submitted concurrently with applications for improvement plans to depict the location of the model units within a future platted lot. All model units shall be located on lots that shall be platted through subsequent development order approvals. ",--. II-4 O~\ 2001\01-0 12n.0 I ARM - pflle:rmo rove: R PI Tn Rr:7onin17\()()01 Re:mnin17\pfllr:rmo rovr: PI In n-I S-OS r:Jr:fln.clor: Agenda Item No. BC June 28.2005 Page 51 of 132 D. Temporary uses for sales centers may be served by temporary well and æptic systems. E. A portion of the clubhouse facilities may be used as a penn anent sales facility to be utilized to market residential products, including the re-sale of residences within the boundaries of the Palermo Cove RPUD. 2.11 CLUBHOUSE Construction approvals for the clubhouse and related common recreational facilities may be approved subsequent to zoning approval, but not prior to approval of the final plat by the Board of County Commissioners pursuant to Subsection 10.02.04. A.4.d. of the LDC. The clubhouse and related facilities may be submitted for concurrent review with the plans and plat, but remain subject to the above-referenced approval requirement of the LDC. 2.12 FILL STORAGE Notwithstanding the provIsIons of Section 4.06.04. of the Collier County LDC, fill storage is generally permitted as a temporary principal use throughout the Palermo Cove RPUD. Fill material generated may be stockpiled within areas designated for residential development. Prior to stockpiling in these locations, a vegetation removal and site filling penn it, along with plans showing the locations and cross-sections shall be submitted to Collier County Planning Services Staff for review and approval. The following standards shall apply: A. Stockpile maximum side slope: 3: I B. Stockpile maximum height: thirty-five (35) feet C. Fill storage areas shall be screened with a security fence at least six (6) feet in height above ground level. If fill is spread to a height less than five feet over residential development areas that are depicted on an approved SOP, or approved subdivision improvement plans, no fencing is required. D. Soil erosion control shall be provided in accordance with Subsection 10.02.02.C. of the LDC. E. Fill storage shall not be permitted in preserve areas. F. Fill shall be stored on site for the maximum length of time of twenty-four (24) months. This period may be extended through the written pennission of the Planning Services Director. 11-5 ()-\ )()()1\()1-() l?fí() 1 ARM - P~lprmn ('nvp R PI In Rp7nnin¡¡\()()()1 RP7()nin¡¡\P~lprm() ('()VP PI In n-l ~-()~ rlp~nclnr, _"~;'"""'__'~"""Þi\"¡"""'''_'","",..,,<.'''"'''' Agenda Item No. 8C June 28, 2005 Page 52 of 132 .- 2.13 REQUIRED ENVIRONMENTAL PERMITTING Where the development of land within the Palermo Cove RPUD requires an environmental permit from a local, State, or Federal agency with jurisdiction over the property proposed for development, the developer shall obtain such permits prior to final development order approval. 2.14 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.1.1 of the Conservation and Coastal Management Element of the CoIlier County GMP, and Section 3.05.07 of the Collier County LDC, a minimum of 14.2 acres (25% of the native vegetation on site) is required to be retained or replanted. Tract "P", contains approximately 38 acres. For the purposes of this RPUD, the Preserve Tract will fully satisfy the native vegetation requirements of Collier County. Viable, naturally functioning native vegetation areas do not include those areas of vegetation that have a seventy- five percent (75%), or greater canopy coverage of exotic species. Appendix "A", Typical Cross Sections, sets forth details related to separation of structures trom native vegetation preserve areas. 2.15 RPUD INTERFACE WITH ZONING TO THE NORTH The Palermo Cove RPUD is bounded on the north by a 9.4 acre property that is intended to be rezoned to Golden Gate Fire Department (GGFD) Station 73 MPUD, to provide for a community facility (Golden Gate Fire Control and Rescue District Station 73), as well as the final 16 dwelling units in the attached single-family townhouse product line being developed in the Summit Place In Naples Subdivision. The 9.4 acre parcel lying south and adjacent to the proposed GGFD Station 73 MPUD wiIl provide project access, as well as access to the proposed fire station from Wolfe Road. It also provides for a water management easement to benefit Collier County for the Collier Boulevard six-Ianing project. This RPUD has been designed to share perimeter land use buffering and to create contiguous adjoining conservation areas with both the proposed GGFD Station 73 MPUD and the developing Summit Place In Naples Subdivision. Storm water run-off will be accepted from off.. site areas to pass through the Palermo Cove master drainage system. 2.16 LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE Pursuant to Subsection 10.02.13.C of the LDC, upon adoption of the RPUD Ordinance and attendant RPUD Master Plan, the provisions of the RPUD Document become a part of the LDC and shall be the standards for development of the RPUD. II-6 0:\ 2001\Ol-012n.Ol ARM - P81~rmn ('nv~ RPT In R~70ninp\0001 R~7nninp\P81~rmn ('nv~ PI rn n-l 'i-f)'i (,bm.rln~ Agenda Item No, BC June 28, 2005 Page 53 of 132 SECTION III RESIDENTIAL DEVELOPMENT STANDARDS 3.1 PURPOSE The purpose of this Section is to identifY specific development standards for areas designated as Tract "R" on the RPUD Master Plan, Exhibit "A". Infrastructure, perimeter land use buffers, as well as project signage shall occur within this Tract "R". 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units allowed within the RPUD shall be established at the time of development plan review, but shall not exceed 524 dwelling units. 3.3 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following uses: A. Principal Uses: I) Single-family attached dwellings (including townhouses intended for fee simple conveyance including the platted lot associated with the residence); 2) Villa/patio dwellings (detached single- family dwell ings of a smaller scale than the typical single-family detached dwelling.); 3) Model homes (See Section 2. I 0 of this RPUD Document); 4) Project sales, construction and administrative offices, which may occur in residential, and/or in temporary buildings (See Section 2.10 of this RPUD Document). B. Accessory Uses: 1) Customary accessory uses and structures including, but not limited to, private garages, swimming pools with, or without screened enclosures, and other outdoor recreation facilities. III-I O:\?001\01-01?fi01 ARM- P:11~rm() ('()V~ RPI In R~7()ninp\()()()1 R~7()ninp\P:11~rm() ('()V~ PT¡n fi-l ~-()'i (,1~:1n.cì()c, '_""~'''''''~'''''''''L",'''''''''''·.'''_''''_"''''''''.;'''''''''''''"''''''··'''''·'' Agenda Item No. 8C June 28, 2005 Page 54 of 132 3.4 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures, as applicable. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. B. OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by Sections 4.05.04 and 4.05.07 of the Collier County LDC in effect at the time of building permit application. III-2 0:\ 2001\01-012/10 1 ARM - Prll",rmo rov", R PI rn R",mninp\OOm R",mninp\Pr¡J",rmo rov", pon /1-1 '\-0'\ (: ",r¡nrl()(~ Agenda Item No. 8C June 28, 2005 Page 55 of 132 TABLE II RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT SINGLE- PA no HOME CLUBHOUSE/ STANDARDS FAMIL Y & VILLAS RECREATION A TT ACHED & BUILDINGS TOWNHO USE PRINCIPAL STRUCTURES MINIMUM LOT AREA 2.250 S.F. 2,250 S.F. 10,000 S.F. MINIMUM LOT WIDTH 25 FEET 40 FEET N/A MINIMUM FLOOR AREA 1.000 S.F. 1.500 S.F. N/A MINIMCM FRONT YARD 20 FEET 20 FEET N/A MINIMUM SIDE YARD o FEET or 3 FEET or N/A 6 FEET 9 FEET MINIMUM REAR YARD IS FEET 20 FEET N/A MINIMUM PRESERVE 25 FEET 25 FEET 25 FEET SETBACK MINIMUM DIST. BETWEEN STRUCTURES 12 FEET 12 FEET N/A MAXIMUM BLDG. lIT. 2 STORIES 2 STORIES 2 STORIES NOT TO EXCEED 35 FEET 35 FEET 35 FEET ACCESSORY STRUCTURES FRONT S.P.S. S.P.S. 20 FEET SIDE S.P.S. S.P.S 12 BH REAR (ATTACHED) (DEI' ACHED) 5 FEET 20 FEET 5 FEET 20 FEET 10 FEET 20 FEET PRESERVE SETBACK 10 FEET 10 FEET 10 FEET MINIMUM DIST. BETWEEN STRUCTURES 12 FEET 12 FEET greater of IS feet or '/0 Bf-! MAXIMUM BLDG. HI'. NOT TO EXCEED 2 STORIES 35 FEET 2 STORIES 35 FEET 2 STORIES 35 FEET S.P.S.: Same as Principal Structures. BH: Building Height III-3 0:\ 7001\01-0 17ÓO 1 ARM - P~I"'rmn ('nv", R PI Tf) Rpmn;np\0001 R"'mninp\P~I"'rmn ('nvp. Pl]f) f)-I ~-o~ (,l"'~nclnr. Notes: 1) 6) Agenda Item No. 8C June 28,2005 Page 56 of 132 The location of structures proposed adjacent to a lake may have no setback from the lake maintenance easement. 2) No structures are permitted in the required 20- foot lake maintenance easement. 3) For all residential units, garages shalI be located a minimum of 23 feet from the back of the sidewalk located in the street rights-of-way closest to the garage, except for side loaded garages, wherein a parking area 23 feet in depth shall be provided to avoid vehicles being parked across a portion, or all of the referenced sidewalk. 4) Side Yards - No side yard shall be required between units when more than one residential unit is in a single structure (ie: attached single-family and townhomes). Varying side yards are provided for to alIow side entry garages and to maintain the required separation between buildings. 5) No structure shall encroach into a required landscape buffer nor any landscape buffer that is adjacent to a lake maintenance easement. Patio homes and villas (detached single- family dwellings of a smaller scale than the typical single-family detached dwelling), shall have minimum side yards of either 3 feet, or 9 feet, with a minimum separation between structures on different lots of 12 feet. III-4 ()o\ 2001\01.0 121í0 1 ARM. P:'1lermo rove RPI Jl) Re70ninp\0001 Re70ninp\P:'1lermo rove PI Jl) h.1 'í.O'í rJp.:'1n rloc' ~~_...".._~-".- SECTION IV Agenda Item No. 8C June 28, 2005 Page 57 of 132 RECREATION AREA 4.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "RA," Recreation Area on Exhibit "A", RPUD Master Plan. The primary function and purpose of this Tract is b provide for social and recreational areas/spaces as an amenity for the residents of the project. 4.2 USES PERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to the issuance of regional, state and federal permits, when required: A. Principal Uses: 1) Structures intended to provide social and recreational space (private, intended for use by the residents and their guest only). 2) Outdoor recreation facilities, such as a community swimming pool, tennis and basketball courts, playground improvements/facilities, and passive and/or active water features. 3) Any other principal use, which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. B. Accessory Uses: 1) Customary accessory uses or structures incidental to recreation areas and, or facilities, including structures constructed for purposes of maintenance, storage or shelter with appropriate screening and landscaping. 4.3 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. Development standards for Tract RA are contained in Table II of this Document. There shall be a minimum of a 20 foot separation of recreational building(s) from all residential units. B. OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by Sections 4.05.04. and 4.05.07. of the Collier County LDC in effect at the time of building permit application. IV-l 0:\ 20o;\01-012t'i.() 1 ARM - Pi11r.rmo rovr. RPl JT) Rr.70ninp\0001 Rr.7on;n¡>\Pi1Ir.rmo rove PI JT) t'i-l 'i.O'i rlr.i1noop. SECTION V Agenda Item No. 8C June 28, 2005 Page 58 of 132 ,- PRESERVE AREA 5.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "P", Preserve Area on Exhibit "A", RPUD Master Plan. The primary function and purpose of this Tract is to preserve and protect vegetation and naturally functioning habitats, such as wetlands, including upland buffers, in their natural, and/or enhanced state. Tract P is designated as a preserve, but it is also used as a storm water flow-way for this project and surrounding properties. 5.2 USES PERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to the issuance of regional, state and federal permits, when required: A. Principal Uses: I) Native preserves. 2) Water management structures. 3) Mitigation areas. 4) Hiking trails, boardwalks, shelters, or other such facilities constructed for the purposes of passage through or enjoyment of the site's natural attributes, subject to approval by permitting agencies. B. Flowway: Tract P is used as a flow-way for storm water, and as such will also be placed in a drainage easement that will allow for maintenance activities to be performed to ensure that the fow-way always functions properly. V-I ()~\ 200i\Oi-O I 2Ó.O I ARM - P:'1I",rmn í'nv", R PI In R",znninø\OOOi R"'7nn inø\ P,'¡",rmn í'nVf~ PI In ó-I )_0) í'l"':'1nrlnr. SECTION VI Agenda Item No. BC June 28, 2005 Page 59 of 132 DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section IS to set forth the development commitments for the development of the project. 6.2 GENERAL All facilities shall be constructed in strict accordance with site development plans, final subdivision plats (if required), and all applicable State and local laws, codes, and regulations applicable to this RPUD. Except where specifically noted or stated otherwise, the standards and specifications of Section III, Exhibit "A", Design Requirements for Subdivisions of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004-66 shall apply to this project, even if the land within the RPUD is not to be platted. The developer, its successors and assigns, shall be responsible for the commitments outlined in this Document. The developer, its successors or assignees, shall follow the Master Plan and the regulations of the RPUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successors or assignee in title to the developer is bound by the commitments within this Document. These commitments may be assigned or delegated to a condominium/ homeowners' association to be created by the developer. Upon assignment or delegation, the developer shall be released from responsibility for the commitments for that portion of the project turned over to such condominium/homeowners' association. 6.3 RPUD MASTER DEVELOPMENT PLAN A. Exhibit "A", RPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, parcel, or land use boundaries, or special land use boundaries shall not be construed to be final, and may be varied at any time at any subsequent approval phase such as final platting or SOP application. Subject to the provisions of Subsection 10.02.13 .E. of the LDC, 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 services and all common areas in the project. VI-l ().\ 2001\O,-012ó() ¡ ARM - P"J"rmo rOV(~ RPI If) R"mninp\OOm R"7oninp\ P"¡,,.rmn rov" PI If) ó-I ~-O~ rl""n.ònr. c. Agenda Item No. 8C June 28, 2005 The Community Development and Environmental Services AdministratÒf:g8r6Ri~f 132 designee, shall be authorized to approve minor changes and refinements to the Palermo Cove RPUD Master Plan upon written request of the developer. - I) The following limitations shall apply to such requests: a. The minor change or refinement shall be consistent with the Collier County GMP and the Palermo Cove RPUD Document. b. The minor change or refinement shall not constitute a substantial change pursuant to Subsection I O.02.13.E. of the Collier County LDC. c. The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and preserve areas within, or external to the RPUD boundaries. 2) The following shall be considered minor changes or refinements, subject to the limitations of Subsection] O.02.13.E. of the LDC: a. Reconfiguration of preserve areas, in accordance with the LDC, as a result of regulatory agency review and pennitting. There may be no overall decrease in Preserve Area. b. Reconfiguration of lakes or otœr water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. c. Internal realignment of roadways and interconnection to off-site areas, other than a relocation of access points from publicly maintained roadways (i.e.: State or County roadways), to the RPUD itself, where no water conservation/preservation areas are affected, or otherwise prov ided for. d. Reconfiguration of residential parcels when there is no proposed encroachment into preserve areas, except as provided for in Paragraph 6.3.C.2.)a above. 3) Minor changes and refinements, as described above, shall be reviewed by appropriate County staff to ensure compliance with all applicable County Ordinances and regulations prior to the Administrator's consideration for approval. 4) Approval by the Administrator of a minor change or refinement may occur independently ITom, and prior to any application for subdivision (if required), or SOP approval, however, the Administrator's approval, shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all applicable County permits and approvals. VI-2 0:\ )001\01-01 )(;0 I ARM - P" f>rmo rOVf> RPl Tn Rf>7oninp\OOOl Rf>zoninp\P"¡f>rmo rOVf> Plm fí-I 'i-O'i rbmrlo~ Agenda Item No. 8C June 28, 2005 6.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND S~~ff 132 PROVISION A. This RPUO is subject to the Sunset Provisions of Subsection 10.02.13.0 of the LOC. B. An annual RPUO monitoring report shall be submitted pursuant to Subsection 1O.02.13.F. of the LOC. 6.5 TRANSPORT A TION The development of this RPUO shall be subject to and governed by the following conditions: A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FOOT) Manual of Uniform M;n;mum Standards (MUMS), current edition, FOOT De."';gn Standards, current edition, and the Manual on Uniform Traffic Control Devices (MUTCO), current edition. All other improvements shall be consistent with and as required by the Collier County LOC. B. Arterial level street lighting shall be provided at all access points. Access lighting shall be in place prior to the issuance of the first certificate of occupancy (CO). C. Site-related improvements necessary for safe ingress and aggress to this project, as determined by Collier County Transportation Staff, 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. D. Road impact fees shall be paid in accordance with Collier County Ordinance 01-13, as amended, and Sections 6.02.00, and 10.02.07. of the LOC, as it may be amended. E. All work within Collier County rights-of-way or public easements shall require a right-of-way permit. F. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 0 1-247), 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 RPUO 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. G. 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 shall the existence of a point of ingress, a point of egress, or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its sllccessor in title, or assignee. VI-3 0:\ 2001\Ol-012ó.01 ARM _ P;-¡l~rm() r()V~ RPI ¡n R~7()nim'\()OO1 R~7()ninp\P;-¡I"rm() r()V~ PI ìn ó-l ~-O~ CI~;-¡n.rI()" Agenda Item No. BC .June 28, 2005 H. All internal roads, driveways, alleys, pathways, sidewalks and interconnJ~ÆWn~;8f 132 adjacent developments shall be operated and maintained by an entity created by the developer. Co11ier County shall have no responsibility for maintenance of any such facilities. I. If any required turn lane improvement requires the use of existing County rights-of- way or easements, compensating rights-of-way, shall be provided without cost to Collier County as a consequence of such improvement. J. If, in the sole opinion of Collier County Transportation Staff, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. K. Adjacent developments have been designed to provide shared access or interconnections with this development. The RPUD 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. L. Wolf Road east/west storm water drainage wi11 be incorporated into the storm water drainage system of this RPUD. M. Section G-G on Sheet 5 of 5 of the RPUD Plans Set reflects the street cross-section, as mandated by the Collier County Transportation Division. 6.6 WATER MANAGEMENT The development of this RPUD Master Development Plan shaH be subject to and governed by the following conditions: A. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services ur review and approva1. No construction permits shall be issued unless and until Planning Services Staff grants approval of the proposed construction in accordance with the approved plans. B. An excavation permit wi11 be required for the proposed lakes in æcordance with the Collier County Code of Laws and Ordinances and South Florida Water Management District Rules. C. The project shall obtain a Surface Water Management Permit from the South Florida Water Management District prior to any site development planapprova1. VI-4 0:\ 2001\01.0 12l'i0 1 ARM. P~I~rm() r()V~ R P[ in R~7()ninp"\0001 R~7()ninp"\P~I~rm() r()V~ PI ¡n n.l 'i.O'i rl~~n.rI()c 6.7 UTILITIES AND ENGINEERING Agenda Item No. BC June 28, 2005 Page 63 of 132 The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. Water distribution and sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned, and maintained in accordance with Collier County Ordinance No. 04-51, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities will be considered to be customers of the County, and will be billed by the County in accordance with the County's established rates. 6.8 ENVIRONMENTAL The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: 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 Department. Removal of exotic vegetation alone shall not be the sole component of mitigation for impacts to Collier County jurisdictional wetlands. B. All conservation/preservation areas shall be designated as preserves on all construction plans and, if the project is platted, shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Preserve areas shall be dedicated on the plat to the project homeowners' association or like entity for ownership and maintenance responsibilities and to Collier County with no responsibility for maintenance. In the event the project does not require platting, all conservation areas shall be recorded as conservation easements dedicated to the project's homeowners' association or like entity for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. C. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of the 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 Resource Permit Rules, and be subject to review and approval by Environme ntal Services Department. D. The PUD shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USF&WS) and the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to "listed species". Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to the Environmental Services Department for review and approval prior to final site plan/construction plan approval. VI-5 0:\ 200C\\0C\-012tíO 1 ARM - P:1 "rmn rnvp. RPI In R"mnin,,\OO(H Rnnnin"\ P:1I"rmn rnv" Pl 11) tí-l '\-0'\ rI":1nòop. Agenda Item No. 8C June 28, 2005 E. All Category I invasive exotic plants, as defined by the Florida Exotic Pe~Eýfgn~f 132 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. F. A Preserve Area Management Plan shall be provided to Environmental Services Staff for approval prior to site/construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. G. The RPUD shall be consistert with the Conservation and Coastal Management Element of the Collier County GMP in effect at the time of final development order approval.. The RPUD shall be consistent with the LDC except as provided for within this Ordinance. H. All approved agency (SFWMD, ACOE, FPWCC) permits shall be submitted prior to final site plan/ construction plan approval. I. Areas that fulfill the native vegetation retention standards and criteria of the GMP shall be set aside as preserve areas. J. All principal structures shall have a minimum setback of 25 feet from the boundary of any preserve. Accessory structures and all other site alterations shall have a minimum 10- foot setback. Where jurisdictional wetlands are a component of a preserve, a structural buffer shall be required to utilize the 10 foot setback. 6.9 PLANNING A. The development agreements between Elias Brothers Communities and Wolf Creek, Limited Partnership, Waterways Joint Venture IV, and the Golden Gate Fire District, shall be executed and provided to Zoning and Land Development Review Staff prior to the Board of County Commissioners public hearing for this rezone petition. B. The project shall be phased such that 260 dwelling units may receive certificates of occupancy prior to September 31, 2007. The Phase 1 dwelling units shall be limited to twenty (20) certificates of occupancy for each month commencing September 1, 2006, and ending September 30, 2007. The remaining dwelling units permitted by this RPUD may receive certificates of occupancy subsequent to October I, 2007, without limitation. 6.10 INTERMEDIATE GAP HOUSING UNITS A. Ten (10%) percent of the dwelling units requested at the final local development order approval state of development (i.e.: platting, or site development plan), shall be sold by the developer to individuals, or families that earn between one hundred (100%) percent and one hundred twenty five (125%) percent of the Collier County median family income. For the purposes of this RPUD, these specific units shall be described as 'intermediate gap housing units". The median income of the area as defined by the U.S. Department of Housing and Urban Development (HUD) shall be the then current median income for the Naples Metropolitan Statistical Area, established periodically by HUD am published in the Federal Register, as adjusted for family size as shown on the tables attached below, VI-6 0:\ 2001\01-0 12h.0 1 ARM - PR1~rm() ('()V~ R PI ¡n R~7.()ninp-\0()()1 R~7.()ninp-\PRI~rm() ('()V~ PI ¡n h-I 'i-()'i (,1~Rnn()~ Agenda Item No. 8C June 28, 2005 which Table shall be automatically adjusted from time to time in accordf~~TtRf 132 any adjustments that are authorized by HUD, or any successor agency. In the event that HUD ceases to publish an established median income as aforesaid, the developer and the County shall mutually agree to another reasonable and comparable method of computing adjustments in median income. TABLE III MEDIAN INCOME 2005 Naples, MSA (Collier County) 1 2 3 4 5 6 7 8 100% 48,890 55,805 62,805 69,805 75390 80,975 86,585 92, II 0 105% 51,335 58,595 65,945 73,295 79,160 85,024 90,914 96,716 110% 52,812 60,264 67,824 75,834 81,432 87,480 93,528 99,468 115% 55,746 63,612 71,592 79,572 85,956 92,340 98,724 104.994 120% 58,680 66,960 75360 83,760 90,480 97,200 103,920 110,520 125% 61.614 70,308 79,128 87,948 95,004 102.060 109,116 116,046 B. The following limitations and performance standards shall be adhered to: 1). No intermediate gap housing unit in the development shall be sold by the developer to those whose household income has not been verified and certified to be equal to, or less one hundred twenty five (125%) percent of the median family income for Collier County, and that the applicant is a "first time home buyer" as defined by Collier County Ordinance Number 2000-69. Such verification and certification shall be the responsibility of the developer and shall be submitted to the County Manager, or his designee, for approval. 2) No intermediate gap housing unit shall be sold, or otherwise conveyed, to a buyer whose household income has not been verified and certified in accordance with Section6.1 O.A) of this RPUD Document. It is the intent of this section to keep intermediate gap housing as such; therefore, any person who buys an intermediate gap housing unit from the developer shall agree, in a lien instrument to be recorded with the Clerk of the Circuit Court of Collier County, Florida, that if the intermediate gap housing unit is sold, (including the land and/or the unit) within 15 years after his original purchase at a sales price in excess of five percent per year of his original purchase price that the seller shall pay to tre County an amount equal to one-half of the sales price in excess of five percent increase per year. Such payment shall be maintained in a segregated fund, established by the County solely for affordable housing purposes and such money shall be used to eocourage, provide for, or promote affordable housing in Collier County. The lien instrument may be subordinated to a qualifying first mortgage. 3) No intermediate gap housing unit in any building or structure in the development shall be occupied by the developer, any person related to or affiliated with the Developer, or a resident manager. VI-7 ().\ ?001\01-0 1 H;O I ARM - Pc¡]~rm() r()V~ RPI If> R~7()ninp\0001 R(~7()ninp\ P"I~rm() r()V(~ PI In f)-I 'i-O'i r1e"nci()~ Agenda Item No. 8C June 28,2005 4) When the developer advertises, and sells, or maintains the intermefftã~& ~~~f 132 housing unit, it must advertise, and sell, and maintain the same in a nondiscriminatory manner and make available any relevant information to any person who is interested in purchasing such intermediate gap housing unit. The developer shall agree to be responsible for payment of any real estate commissions and fees for the initial sale trom the developer to the buyer. 5) These intermediate gap housing units shall be developed in phases at the discretion of the Developer. 6.11 ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with, or following the construction of the principal structure. A construction operation/management office, and model center, may be constructed after zoning approval but before construction of any principal structures. 6.12 SIGNS Except as provided herein, all signs shall be in accordance with Chapter 5.06.00 of the LDC in effect at the time of sign pennit approvals. The Golden Gate Fire Control and Rescue District's illuminated off-site directional sign for Station 73 may be incorporated into the residential ground or wall signa~ for Palenno Cove. Said signage for Station 73 is limited to the directional signage size prescribed by Subsection 5.06.06.C.12.b.i., and would be in addition to the residential ground or wall signage provided for in Subsection 5.06.04.A.6.b. of the LDC. Deviation 4 from Section 5.06.03.F. of the LDC where illuminated signage is prohibited in residential zones. Deviation 5 from Section 5.06.06.C.12.a. where off-premise directional signage is prohibited in residential zones. 6.13 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Palermo Cove RPUD, except in preserve areas. All landscaping shall be in accordance with the Collier County LDC in effect at the time of building permit application. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: I) Grassed berms 4: 1 2) Ground covered berms 3: I B. No toe-of-slope setback shall be required from the common property/tract boundary of the residential tract (Tract R), and the proposed GGFD Station MPUD, the Summit Place In Naples Subdivision, and Wolf Creek PUD. Cross-section C- C, and [)'D and F-F on Sheet 5 of 5 of the PUD Plans Set illustrates this common benning. Deviation 6 from Subsection 4.06.05.1. of the LDC where a five-foot setback is required from a property line for the toe-of-slope, when the proposed berm is greater than two feet in height. VI-8 O~\ 2001\01-012IÍ.O I ARM - P~lerm() rove RPI In Re7nninp-\0001 Re7nninp-\ P~lt~rm() rove PI rn IÍ-l ~-O~ Clf'~nrl()r. Agenda Item No, 8C June 28, 2005 C. Pedestrian sidewalks, bike paths, water management facilities and struct~AAeÆ1§f 132 be allowed in landscape buffer areas, provided that the landscape buffer area is increased by an equivalent width. D. Landscape plantings associated with the attached single- family residential buildings shall comply with Subsection 4.06.05.8.4. of the LDC. E. No structure shall encroach into a required landscape buffer, nor any landscape buffer that is adjacent to a lake maintenance easement. 6.14 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with Subsection 4.06.03.B. ofthe Collier County LDC in effect at the time of building permit application. 6.15 POLLING PLACES Pursuant to Sections 2.01.04. and 4.07.06. of the LDC, provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place, only if requested by the Supervisor of Elections. An agreement between the developer and the Supervisor of Elections for the provision of polling places shall be recorded in the Official Records of the Clerk of the Circuit Court of Collier County. The Agreement shall be binding upon any and all successors in interest that acquire ownership of such common areas including homeowners' associatiol15. 6.16 DEVIATIONS A. All platted project streets shall have a minimum 50-foot right-of-way. Deviation 1 from Subsection 6.06.0 I (0) of the LDC, for cul-de-sac and local streets, and LDC Appendix 8-2 and 8-3 for cul-de-sac and local streets respective Iy, and Section III, Exhibit "A", Design Requirements for Subdivisions C.13.e. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004-66 , Typical Street Section, 8-4 and B-5 which requires 60 feet to allow 50 feet. (See Appendix "A", Typical Cross Sections, and Exhibit A, RPUD Master Plan), these streets shall be private, and shall be classified as local streets. This deviation is found under Section 2.7.A. of this RPUD Document. B. Tangents between reverse curves are not required for any local street design in this RPUD. Deviation 2 trom Section III, Exhibit "A", Design Requirements for Subdivisions C.13.j. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004-66. This deviation is found under Section 2.7.C. of this RPUD Document. C. Palermo Cove may have one model home representing each type of residential product. The number of model homes may exceed five, but shall not exceed a total of eight. Deviation 3 from LDC Subsection 5.04.04.B.5.c. that limits the total number of model homes in a single development to five. This deviation is found under Section 2.1 O.B. of this RPUD Document. VI-9 O~\ 2OfH\Ol-01'Ui.01 ARM - P:'1I~rmo ('OVf~ R PI In R~7()ninp\O()01 R~70ninp\P:'1I~rmo ('()V~ PI In /Í- J 'i-OS (,1e.:'1n.rloc' Agenda Item No. BC June 28, 2005 D. The Golden Gate Fire Control and Rescue District's illuminated off-site dfr~fi8~Æf 132 sign for Station 73 may be incorporated into the residential ground or wall signage for Palermo Cove. Said signage for Station 73 is limited to the directional signage size prescribed by Subsection 5.06.06.C.12.b.i., and would be in addition to the residential ground or wall signage provided for in Subsection 5.06.04.A.6.b. of the LDC. Deviation 4 from Section 5.06.03.F. of the LDC where illuminated signage is prohibited in residential zones. Deviation 5 from SectDn 5.06.06.C.12.a. where off-premises directional signage is prohibited in residential zones. E. No toe-of-slope setback shall be required from the common property/tract boundary of the residential tract (Tract R), and the proposed GGFD Station MPUD, the Summit Place In Naples Subdivision, and Wolf Creek PUD. Cross-section C- C, and D-D and F-F on Sheet 5 of 5 of the PUD Plans Set illustrates this common berming. Deviation 6 from Subsection 4.06.05.1. of the LDC where a five-foot setback is required from a property line for the toe-of-slope, when the proposed berm is greater than two feet in height. This deviation is found under Section 6.12.B. of this RPUD Document. VI-10 ().\ 2001\01-012(\.01 ARM - p" l,~rmn ('nvc. R PI JO Rnnninp\OOn, R~7()ninp\P"I~rm() ('()v~. PI In (\-1 ')-0') (,l~"nrl()c. """"..,W""",;"",_",,"__~o;"'_"_"¡'¡¡;"~;";'...i"";'";O¡"",,,,,·, ~): ' 1IDt"M!RII:n.llDII~1II_ 101M......~·Da...'-.,a.....-MIIIIf _ .~ P>!œd 'mmmJd ..... 'T I ... "..... r ~~~ns~",v711n andH ::JAO:J OWli::J7Vd ~I ---''''~I__- ___.._. """,,\_.. ....,,_.........,___..... _ '''',o"roV<lO'''' Oz ::J~ @~ µ;.:¡~ >~ IO~ , U r./j I'O~ ~;E µ;.:¡o -~~ ~~ ~ <. ,~II ~-Jf . \ ~1l i(,/ I " (I ' \ ~ t\~\<, : " 1:1\\ \\~ ";~¡1 1\1 .." h ,1.,\ 1\'\,\ '" '. , I!~~~'" ~\ \ ' \\ ti ,.1, \111 U ... ~ .!¡¡,. ,III ¡:; . g: ~~'~~~ II \.~~.-: \ <~.~~,~~¡j.,_1 ----rO~'1 )),IL ¡f rJ I, f,~.·. =0;1 ~/ r ,,,·,,",.o,,,,,·:~ / ¡,;J (C) '" \"'¡ ~"8ge 1'~ - ..---------/..----/ l í~---- ~~~~II·- \ f1;-1~~ .11 r~;~: :1 \\ \~, ~ I, g ) ~ il ~ J ~I~~I ~ V 'III '~.~-Iu '''-",,, J II . "'''\~ I/IL \\1 ~, 'V;~=~-:=- == =", -- '" ) /1-" . ''''-'--;111 I ¡::'<::;~;~:: ::::; ?-"¡: 1/(( ~ c_-]~:J¡ III g I Filii ,- ;¿ .' I I ~-_~~< --=.~==!:' '" I 1((-===--'-'11 I IIII?- I , ! II /1 ~ r I I ,j'l " I rro'~~~===~i 5ê \ '\0~ --=-_~ ,~j 9~ ~-----------~----. ---'-. / ~.~ ~" ~~ ~ ((::J::': ~ \,:~:_--,-j 1M1 ..L~ I'(¡S'o1 J~'~~~~:O!>d ~ ~I ¡=' u ~I' C1 23 Q: ~I <I u 3 ~. ,~ !!~ ,.~ ~s ì;U :¡ ~; i~~r--- ¡511 4.' ¡~~ ¡~~ '-..LJ U Z uJ o ill w Q: 51 0.1 :1 :;;,~;: ~ I J~II~';~. 11 ., ,- ~~~~~ ~~ 5~ b. Z D ~0 :š~ ~~ sa ~$ !~ ~3 -:)~ !:_~ £l~ ~ < ~ ::I~~~~ iíM ~:~~¡ ~!~~~ ~~~~~ I ¡¡~ ,. ,0 ~~ ~~ f~ ~~ ~ t jg § ~~ ~ ~~ ~~ ~ ~~ ~~ ~ ~;~ -^ ~8 gî ji ,2 ~ i~ff JJ 2 ~! ..3:J~ w ~~ ~;~~ r- 0 §~ ^u i£'6 Z ~ ~ 9~ g~ z ~ ~ §~ u 88 ~m <{ ž .., 5';; ¡:J . < ,~ ~~ ~f:, Ct: , ;~ ~~ !ª w 9J ~ ~~ . ~~ m~ 'JJ ¡¡¡¡ <{ ~~ i~ ::> ~ ~~i ì . 9 ~,¡' : ~~~ '2 ~ ~g CL ~~ ~C . ug mr Q: .:3~ ~i; & ~~ - i~ ¡¡'C>~ ~~ ~~ E~ "'--",ita. it';>: 'I'~ !~g ~~~= -, z t3~ ~> <3 ~~ g~ ,,~ ~.g ~.~ :::;0 ~;- (L~ .~~ --, ¡¡VII lI8IHX3 ~. o~ 0. ~ ðl~;~ G'~¡¡ I '. -$ !~!'" \ ~~~;~ ~,,¡. G\ "'oB ~ ~:!;~ , . 'j I .:.11 " 10 , ~ h, z o c=: U LLJ i/l ;~ , ~ i D ~ j '> , ~r ;'~!I!' Ii ~ ! ~ ""' I ... :)I :11 ¡ I =81 ¡ LJ, '- / I ~I" i ~'~~ -L- (/ ( ~-~) tn \\\y! II \ \ ' '<"\\~\I/ 1-:1\1\ ,~ ' , "'U ~ L '_I " F " ,I ,f;§ :Ii~ ~~~I m! z.~ j-',^ <' ~' , ø ,:.:' ..J "- Cd ~ CL >- f- ~g ClOZ ifJQ >;:;l.JLI\ ::'>r.r: ;;: ~~~ 27. (Ç) It ("''' S 01·'~·21· [ 2Q(1!.U" ê~ ICI ~{~) ~~1~:~: 1~;ürS4 y~Z §~~0 "-ow> ::;:)z06 2ø~~ NV1d H:liSVW andlf N1-ra """"" 'r'çw '1o""VW ,DOl: ~ .9Z ~ ..... '!iÐØ i:i4.L t1G K:O,!::.crw -- "'"""'''''' ~~ O'~ø """I ':JNI '3AO.J OWH37V d .L V S3[.LJNnWWOJ S1f3H.LOHfl SVI7~ ~~~~r:=_~~,~:Jl~=_ v; ~ ~ >, 0 0 ~ N N ~ cO ~ ø v. v; w w w ~ '" ~ ~ '" u u u u < ~ ~ ~ u , , ~ <C r w ':¡:--'::-':;:- ~ Q: u 0 n "' <1: <C ;;; ¿ '" n ¿ OJ C1 <C ID '" LI1 <C ~ ! ô w w 0 v; ¡ ~ z co <{ ~ ..J ~ '" i? a. u u ~ <C U < <C <C ~ Œ ~ " ~ f' r:-:;~ g ~ ð. Q. - f,!l::; ... ~i ~~8 j5¡ ~~~ ~¡: ú; ----'\I>~ ~gt5c¡ i~ @:);?~ . ~ ~'~~D~ ; ~ ~u- ::. ~~~v <Oil. ~::: z~ ~g ;1 :; ~~ ~¡ îî ~ ~ ~~ <~ ~ e H ~ '-' ~;L.!;", ð ;~ r~.1 "'Iè ~ ~ ~. :I~~ §iõä!> ;!i~ b~~ :ts ~ - ~ "ri~ u~~:;, '-'~~ ~ :!i b" '" 11 ! 1¡1!!il! li!¡!!! I¡ I, ¡" ~ ""I'C"~~ ,!:~èL ~, ". :;~ b ~~ ~!:')'(! :_~~~Z¡3 ..Ë ~~ i: Mmm;i~iimt iill¡ ;: ;~~~~~~;¡~h~;~~~;!~~~~~~ ~~ ¡¡¡;m:m~!§~~ji~~;m Ii ~~i~~,~,."c~:"~h,,u, ! ~g î~ ,- .. ~ ~~ ::: ~: . .. , J' ~I ~! : ·H~ ~; ~~ .. "I ~~ .;jg ~" !i n !~ :~~ !;~ ø ~~: !bl 'i ~~ a~ ~c; ~J ~ï --'l.> ¡:;h ,,~? ;~.' ¡~~ ~ hi "~ ~,~ , ,- ~ d: f~~;,,~ ·;oj~;:ÆH ~~¡ ~ . , ", ',oª'§§ø' "0 _ ' ~ ~J:~ ~~ht;ª:~g~~~: ~; !~ ;1 ! i¡¡¡!,!mm¡¡¡¡!!/¡¡¡ ,!i ~~ ~ ~~~~~~~;;:~~~~;~ç!~~;::~ ~!: II I,¡¡¡¡mm¡ ,,: ¡~ ¡ ¡ii Iii Ii 11 ;; ,~ ,<-or"~,""~, 't'.!"""" -~ I, u ii mmwm¡¡;¡m:mm Ii ¡¡ i ð ~ '+.":i_ . ' ¡ -j-~? --' I I G.. <t'; L r f:= z U :> L -¡ ,. ! .j!: ---~_._--~-~------_..._.._._~_.__.. . , § ~ ~!·'I~ ~~ , !~ ~ ~ j- I ~ ~ . :!~ - ! ~ ~ m Q~ I[ ~~: Hõ ~~:, ~¡;;~ ~9'; ,u " m Ji! ,u , i~ m m~ ~ ~ö ~~ ... >- CI ::>.. w 0> W"~_~W¿ aO ~ -"' :~~ - ~.~o.: . =:: u ~~~â~' ~~\:¡ I ~, '".. ;.~~ >~ 'I;J_'~:o ~<_ ill ~ m~~~;~ > 0 _ _. :: . ~ ~ -0, < -8 ~~§ i:~ '::¡ , ~~ ~ <w ill 0' ~~_h:õ~! ~~ o Co " ¡'<é~:¡,¡u^zro!c_z_~.~,v~;,__.<·~'~w -', ~! ~~, ¡¡~O,i.v,=:.'.', ~_ :-C~"__:: ,~" ~~ ~'< ¡ :' ~ !!!¡¡!! " l¡ i ... :'::ô:.;, w ~ ~ß~ ~ w . ~ m c ,., <..>"';:: 9 s¿~ ; ~ ;e~ a.....:=. ~ ~ g ~~ ~ ~~ e ~... ~ ~~ HI ~ ~! ~ ~~ ~~ ':;~ ~~ , ~: ~ (, ~~ '" <>'." ,~ : ê ~ :;:[, ~i H ~:i ~ c' ';)'''' z~ In! ~~ ~~ ~~Ï! < " , ð '" w::> :"~:(O"'w ~:~ U"'~~0~~ ~" CI ~z ~~ ie Q "-" 2~ ~~ ,¡Ii ;;:' ~~ ~ª 2 ; i.: I " i ; ~~ ~~ < ''; ~ ~¿~ .. ¡~¡¡¡! i m i ~ ; ~ I!! ~ ~ ! ~ ~ ~~ ! :~ ~ ~lD : ~8 ê ^ $ < ~ < . ~ . o ~ ~ < c , > ~ H~ i ~ ~~ 8 § ~ 'n ~~u:¡~~ o "":1 !~ .- í- COWf, I ' I I i n;"[ ¡~_5~ r~:sC __(_ liõ\:ìivUW(:Ci.~~i) ~:f ~:; ,~ . 'l~ ~~¡¡ ~,--- I \ \ :> : !~i!!I¡: f I ! ¡ ! 1 I I 1 ,I ¡I I.. riL- 'c' .k ,.." ~ ü¡ ¡D06 ~J ó,'" 0< I I I I I I I < I ;, I , " II' : Ii" : I!ìi : Ii " A I W! 1 !>u I '. ; ¡ ~ ~I I Ii" I '" I II ¡:: ¡', I I ",I ¡ :!;";~b ! : ~I ,;¡ i :::,;- I L _ ~ _ _ ,1: e.,''''",,,,, tl __ .1 .. t .' """, ~ I '- ! " ~ I ~I ,1'1 ,~! :¡~ I 1 :;; : j ;i! ¡ ¡ !,151 : m !! Ii ,- ;~, i~1 I r, Ii q¡ f Ii.. ¡ ¡ ~~~~~ j §~_u 'C;" 1"1 N úr/:~.....:.!] . ~:;:~~ i-;;'~"-' c-- I (". ~'llm~1 ~ II ;, I ~~¡I~;¡ Ii !' ¡ ~;~ ~j~ ¡~ ¡ \. :~:'-~ - ~ . ao r^ ~~ i' Z"-z : I~~ ~~'"-~< ~ :¡ê ~ ~:~~~';g ~ð Ui¡r, !;;::!m ¡~ ~'-~'-~ ~ C 0.0 ~ ~-I I ;ê!! ,h, "'~tS \ '---~ -=- \" ~~;,~n'; ~ !¡~¡, :i¡¡! : 0 ti . ~~~a ¡ ~ i I ~ I : I 1 Ii 1 ;1 ~ 'I 'I,. ;1 I~ :1 I~ ~I I; ~¡ 12: 1 w,' ~h ~~~ 0<, aa. ~~¡s ~~~ ." Ht ~~~~ ~ê¡~ ·èõ<~ :ii~;;:'a.i1\ !; j. . , , ~~n ~ '\... ) "t:.:;~:[ I ~ - [ ! 5 ~~5 III "I ~, , I' II , ~~~ I I, I' I; II ,Ii. I ';"j I ¡I!;¡, _tJm¡; 5 I' 1.1 I:. ¡' í I í I Ii, 1.1 -'I ¡5, I ~~ ,,~ D::v;« 0,·- >- rrZw ~~U; XW::O lo.I:>l/l C c,,~ ~~~ C:er:l..... goo ~~~~ !I ¡I 1 I" ~~ U I· ¡~ , ,::! I ~;~~ .' c, .¡ :i ¡i ¡¡ \.. - '.:...."'..,~".~-..?- ....v . II rî ¡; '; ;¡ I! ~ I 'I .. .. I¡~~)¡ i , w > 0 N U 0 0 'D " 0 '" , ":i 0 <: a. . I- <: U1 W ~~ (:j ::0- > " ,oc Ôð ~ Uu >- {/)o ~ oc" 0 ~5 5 b4! æ; ffia. U1 <: ::J w " ~ . " ~~i~ l~H dH n~! €ld;.¡¡ ~ ~ ~ ¡; u Z ~ ¡;¡...ì ~ .., ~~þ. ~~í CJ ~; :j~" ¡ ~ " ", I' ~;: : ~ -J ~! ~ ~ ~·I !I E ~ ~ is ! ~ . ~ î ;; ? -- 0',1" I ' ! , I I 21 ¡' ILC}E. f' C/) cx:r ~I 1-, I I µJ 28 h 33 VANDERBILT BEACH ROAD I C/) (j)i ~ I- I ! -lr"!!''''A 4 ì=- ß_26 ç: IÞCC 22 23 C'1 ,,:} -l E ~ I I I I I I ,-i '~ 25 VJ IC/) ! ---'----1 liLI'1 nWTANC E~eers, CONSULTING Susveyors & Mappers, ..... '" ......J.. .:a.. Planners, Project Managers 3050 North Horseshoe Drive, Suite 270 Naples, Florida 34104 Phone: (239) 649-1509 FAX: 1239) 649,7056 I NAPLES-IMMOKALEE ROAD (C.R. 846) .~ r"- ,1.,--, _', , [il_.I\_.¡. /.ND I¡ 27 3 --I-I~ ¡.O) ci I~ o et: < > ,- 1 Ii! :IJ ::> o 1m 'et: w 1::1 o u if- GOLDEN GATE BOULEVARD 2 , , - 1/1 36 T:· , I -i i-Þ- <D IC/) , 1 ~ r ELI ,AS BROTHERS CO~vH\¡1UNITIES AT P ALER~v10 CO\/E PALERMO COVE RPUD VI CI~~i TY rv1AP C3- 0126 61f- 1 1 ----_._.__._~~~--~~-- 30126 X01 1$O.I._c.ul:xv~ 6OS1"","I_i MlII'I:~"""''''IJ.[~IV'S'~_-:;'I I O':;' ""¡¡,"'W )oolOJd 'S"'~d ~ N'I~~A SNO:J SJ:xJd"}'i '1/ "obArnS 'sm. U¡¡",V j n tl ...~ . ~" ......_... ,...,'4 ...,..""., '..-... - ~ ~.....- ~-..~ ¡ ~! " § ~! ~ ~i ~ ~1?o f91 I:! ;: !-, -o.,~ '--+----- "{I ,[ I , i~ ::< I: ,! !; ¡ I ~ 7-~i ¡ II ¡/ !I'/ / , / ¡ ! I I : / ¡ !I ! I ! / I/"i: o ~r./l e,z ~o ¡:.L¡~ >~ ou u ¡:.L¡ ¡¡ gj" r./l ,~ \ '/ o r./l r"" "'I '¡Ii, .._..! 10::::::' r", Ii, ( ~....,.-1. _: o~'1 ! ~ 0 ih ¡ ':;: 'I~ i. ¡:.L¡ ~ :IU :1 L~! I ~ u ~ Ii i ¡ .~ ;:: :1;' > iii Ii I 'I! ~! I 'Iii/ \ :I! :1 i \ '" 'I ll_} >·'1 : ' ö:t;~ \ ð~ I ~ I \1 ~ andH 3AOJ OWH37Vd t-' ~~ 'i~ ¡ :( I ' - ¡ ':( i ,¡he!,'1 !liP ';¡--->z U~ ! :::_ i " , ~~~Š ~m /,Fo ~[ 'I !, LI!, o,:¡ /\(( -j1:i / \1 __._---L... " 1,,1 ~=¡ i h, SNOI.L:J3S SSOtD "'"/-fa ""'-wo ,~'çw """" .01 - "I n," Nt: ':;9<- ,...;. ':F.JIJdAU.;)3S , ~ , -1mU\IW.L3JtI5" ~.'O9~1(); .~~ 10 9;-:10-.;0 J.J3fO¡¡¿ :JNI '3AO:J OWH3T\fd 1. V S3UINDWWO:J SH3H1.OHfI SVITL,,'D ! ,~! d . ~¡~ ~~¡ ~\ "'11 .1 ,. I 11 ' I "'+-~+ tLj ;U- ! L-J ! , -,_I.. II I! II ! 1 I I I \ I \1 ~!¡ s '_ ¡ tr ¡¡ij . ¡!Lf:š~ J(I~ ,;¿ '1. . r. ':; \1 ~ h; I ¡.I ~~~ a zw :~~~ ....<w.... ~ð~~ :~~~ ¡ z ~~ Ô~~ WD " ~~~ 2=~(L~ ¡¡I ~S: .):. lei , '~ ~.." ¡o ," , j \, \ ---1\. I \~ 1\ , \\ , , '" , ~~ ~~ '( ~- ..I Ii 'I :i~1 S=;~l I : I r:! ¡II' I I :i! ¡ II ill i !.' \ ;1 '\yr¡! :1 r ~'~~~ ! ~ ~~~ ¡I' i I,J_ :1 , ¡~ :l~ , I~'~ 1"--ì - /~-~(;~ ~~ ~! ¡i >/ !' ~~ ~§ ~~ ~ !'í ~ \ t\ !\ I \ \ ). I § ! \ : ~ ~ 5 \ !,~~_ ._,i ¡ II 1-- "" KXJ¿: )'''''''':U''C .~~§ !:I I: " I' / , II II! 1/ .Yo 1/ ;1 y '" 2 I ¡ ~ ¡f '!i ~¡:¡!~ .i ~ ~! ,,^ ~ -'--,,';" ~ ~~~\!; g :~jª ~ L./ ~ "--"r- I Z~_¡~!~ ï'i ~ _J 'Ii -I h.,-?\ ~1 \' .¡J ¡ !:! !!!! 1.1 "0 _"". 'Î' ¡~! (~ " i ':--i-il fl!; ! ¡¡¡ i,l ª'~ : ·!ow ,} n~ 1'1 'i! j m ! I ~¡ /1 ~ ) ! \ 1 lL,¡ ~~!' ~~ ~ ~ \ ~ ~ !¡ \ ~! u 1 f ~~! I' I! :1 ~~ .~ ~"''''X'H IOII ..... '"1K....~'GØ...'IIIIiIQ~~IIIINQIØ '~P>!wd 'u:nnœ¡d ,.. .,. A A "..... , . U"¡chy¡'I1UOWJnS.":>otnä"3,,,v7.ß..u ",', aDem 3AO:J OWH37Vd Þ{i-i'é( """"" "r's-w """" 'JNJ '31I0J OJW37Vd.1 V .= """" S3l.LINDWWOJ S'l:J3H.10Hfl SV173 29<: "". .. ~ ~'dAt..L':1!I!I' 1\19[000-11] 'ON l1VJljlJ~J;) ss·~l$f)a .CllOOlJ jO Jr.1$ -~ JO·9&t)-ø NV1d .1N3W30VNVW 1/3.1 VAt 7Vfl.1d3JNOO -..u,"'''I_._._ _"_ _ .__. """_ """" _ _ _ _ 'n"<>-rn......'.. "-'u' _..... '" "'" ~ ~ ~ ~ Z ~ Q~ ~~ I'~~ ~Z 6~ U~ O~ ~~ ~~ ~~ ~~ ~~ ~ ~ ~ U Z o u . z o ~ø :.:~ 5~ aD o~ ~:t ,Z c~ ~c D-~ .... 6C;DL' ON JI')Ull~3;;1 "':ll1IO-;j j(' 3mS 3-d 'jl-JJl!IM 0 ~}. da C;ld";) e . . '\.". , , o ~ a. , ~ 1'-8 '¡. z~ gg ~'5! ~w , ,::¡§ ,.~. ~~ ~'. , <!zg~ Q'zoQ ~:5;i2 ~ u ~OD ~~~~ o(~~(J <¿Bî '\ "', <i a. , '. ~ ~. ~ îf if e~ ~e « ~!. ~; ~~ -~ < ~ Z o ~ "'-:. ~'" ~~ ;g ß~ ~~ ð§ 'l!~ °0 e~ ~î ~"'" ....,'. ~ a. . z ? "''''". ",:-. ...., ",.. ", 'I-~ ,"~ 'I-~" 'to , , . '~_ <to. " " " . "»-~" ~~ ....~'. ~'r;. '~~" 'b~'. <to", 't\ ""'" ~,"'~, 'I-,/,~. 'I.'" \ .., ·'e. ~- 'q. ~. ,. 'e §~ (~\ I~) (~) (~] ~~:;;,. w . '. ". "~"<, ..~;.,,~. ". ",/:J¿.:"<'j/fi ··,r~"'-----~----;· ,,:;;. ~ t,\~~-,,:~.l.;'~':~~~:JIII- ..\ ~rr"'n:',~:~l' ~-,~.< ". ".,'C II t \ 1141'\ -.:li '. 'I .,)" ~ "\" ',.\ \\~ '" '~' +" 'J :.} '\Ii \ '~~,,~".' ~.~ I. .c..liI ~I, ~,"~__<r:.1Iu :'" ... ,''';Ç'>~ " J /'111}þ ...~ ", ~ /11' I¡¡ "', ~\. A~~:=C~~ '-~'" '., ~" "'<\"''f ('l~~-"-,, ~]' I ." "s ~~ '"ft. ..,. ~~)I!I/ ~'" IJ.JN" 1- r~ ~" ",^'"" " ..." ''Ì I IIII ·~'-~1~-t'J..l l 4'þl ~ (,)lU~ w E~U~ III~~..·~ ~ .." : .~ I "" ".~' 1 II &.- './ . J ~~ '" . I li!r=--=~? 1::-'01. " h. //1/', ,'. n" , " ". I' I1II t --'--~-'c I . ~' . , '. ;1., /1// -,'1 ". ~ I' I ~i ~ª'ò ", I '. ¡I'lL' .~.._~ {. ~ ~ '. - ('" ¿¡II _.;:.¡_. " "ò '1: ··..·II! '. ~', (C:\~~ -~c..,~t~~_d.~1 8,,_ ~__ ~.' '.:." -'". - .-::=- ___ ~ .r-- \ ~., . \ '=' . -~~ g~ ~~ r,. ~__>~_~___~: 'I-~ ~,.., o..~J ~,. ":L ~ , "" '"~ '" ~('< ' . r:J~ . "~/' ~ "~' '. \J: ,4,.:.,._£, \f'!'r; .:~ ;"¡,:,~ ....., ....~:0;. ~." ¡¡.,. '. , ~~ '. 'c, " < .~. . ""~. '. .. 'e. <~~. '>. . q.~'. , '. \ 'Ò-_,. . ". 'l>e.~ ~" ~. -.~, ~ ".-:;<; f';;;,., ""~" ~GI q. ".. £"'. ~, ;: '~,. ....",.';~ '. ". è, ....~, ". ',,..,, ~t~;:'~ . '"0 ~w ua. L...'3 ~~ ~~, ~~ ".~" 'It"'. ";', ~'" Ie) r~¡(~ ~;~rH:~: W;:~:~:7 ~.' ". '. .;. '~'" <:!¡.~c" " ~Z ~l~~ Oz 00 ;?~ ~~ -~~-.--.~~-_._.--'~ . Ð . -- ""'''''''''' -~ K:Ol' 'A'M J~I '\1"'~ ~ C q C . JlI111 § ~§ ~ ~~~ i? ¡~ ~ ïi~ 𠪪 8 j ¡~ r-- '" W l¡f= U) 'I::~ Ö'. ~_!iJ ~--=r:\ì llu;J~ Agenda Item No. 8C June 28, 2005 Page 74 of 132 TRAFFIC IMPACT STATEMENT FOR PALERMO COVE RPUD (PROJECT NO. 040614) PREPARED BY: Metro Transportation Group, Inc. 12651 McGregor Boulevard, Suite 4-403 Fort Myers, FloJ"Îda 33919-4489 239-278-3090 .June 29, 2004 ames M. Banks, P.E. Registration No. 43860 Agenda Item No. BC June 28, 2005 Page 75 of 132 CONTENTS I. INTRODUCTION II. EXISTING CONDITIONS III. PROPOSED DEVELOPMENT IV. TRIP GENERATION V. TRIP DISTRIBUTION VI. FUTURE TRAFFIC CONDITIONS VII. PROJECTED LEVEL OF SERVICE AND IMPROVEMENTS VIII. CONCLUSION ._--_.".~..~-"_.~¥__..__..,. Agenda Item No. BC June 28, 2005 Page 76 of 132 I. INTRODUCTION Metro Transportation Group, Inc. (Metro) has <.:onducted a truffic impact statement for the proposed 131-acre Palermo Cove RPUD. The site is located on the west side of Collier Boulevard to the north of its intersection with Wolfe Road in Collier County, Florida. The site location is illustrated on Figure 1. The proposed Palermo Cove RPUD will allow for the development of approximately 524 single family residential dwelling units. Access to the site will be provided via two full access locations to Wolfe Road. This report examines the impact of the development on the surrounding roadways and intersections. Trip generation and assignments to the various site access drives will be completed and analysis conducted to determine the impacts of the development on the surrounding intersections. II. EXISTING CONDITIONS The subject site is currently vacant. The site is bordered to the north by proposed residential development and vacant land. To the west, the site is bordered by the Islandwalk DRI. On the southern property boundary, the Palermo Cove RPUD is bordered by Wolfe Road and property zoned for residential development. To the east, the site is bordered hy proposed residential uses and Collier Boulevard. Collier Boulevard is a two-lane arterial roadway in the vicinity of the subject site. Collier Boulevard has a posted speed limit of 55 mph and is under the jurisdiction 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 improvement was accounted for in the analysis perfonned in this report for the build-out of the site. Page 1 I June ) i--'~.. \,.J ) L I \ Page 77,.<¥ 132 -, ; \ ¡' .¡.....'\j I~,t 1+ ,1~ I I il i, 'T~~ "', """""""1"" 0 ~ i --:"'Lf- __:,__~' _ "N ~__ II~t,<~;~~,;\\~ tIil!" ! \ !¡w_,¡; :: E "Hj ir I K::;"¡ ,', I ,j", I ¡ : \' ¡ /" I ,!i i ¡ : .! LÄ 3~~" \1 \ Inll L\,I'.-'--\\-t,--- , ,8'-j ," , ','..,___ 1þ ¡¡ - ': 'f¡ ~ "~---\ ''\ ~ j ¡ i I \ ,¡ j \\, j N.T.Sj \ g~' " ",: \ ..'I " I)~ -- ! (,V',I I,' 111".i,.!\,,;',", + \ !1, I ' -,---- "T' I : : I '¡w,o, '+."'¡, 'I ~' )'. ¡, ,I ...'!;...~, J1f I {', ','" .,.1 \ 1< I ';¡:'",,' ;"¥..""'~: \!( '...... d ,¡¡,'* "~~ 341 ' 9 ~ Ii 'I \, ~ \' ¡(4iM.C"II \ / !e:;}) 1)\:._ £ 1ft,· !, 1 S: ¡; I \ [: ''''',','' g Ii l '\, \ '''-¡. >~'''' , <, I' 'I' ,c.....u..__ ~~';.,:;; I, ~+L, \; '\FÚ:if ~ '1\ "¡:~~i("<Ji;t 'In , . \; 'i¡ i\,', il'"i,: 't"::\:':r l2J" "1 ! \ ~i I II \ : I I !\ "I' ~.,,,.;;. i \\ ' >f! ¿co, t· \ !', ~~ Jtlll!:.!"!, ,t ~ ~¡....\'=z 1.1. If! ! .:,L \'4. I '¡ ì ' ' \ " ~~""I t;" · í.., ' . ',l, ;" t"';;" , I '~~ ..' ~ ! :' \" 1 J)/::¡<"'Ol \ I ':!! II >'I!'" ¡"~ ,¡ , ¡ ,I __ II; ,!,,'í r:".sJ Ii 'at I, ,,1")1\, ',"'" [ : ~l \~~~:1] ~ (/ / \ ~~ I \&i('ë.. : : ¡ / i ~ ; Ä',,,,~ ~'"l+'" \,,'~''1' I' 'J,.,_l.... \ ../ . \ Ii: t.- ¡~~ i : f5' ,";" '~!:" ,_ , p ~,._._q,~..~. ;i'f. ~,,'- -.: t :~; ~< \. -1' ,~~tDr - ·~I' .r.:; , ':r frœ/~ ~ ~ I 'I<~"(" 'i ,-f'1' ~.~R; ''''---: """".A1"A':~,:illi\.., ; ! J ::"'.DDf- .--h:'- --I t~~.... t - - I'" I ~';JI I . ¡ I ¡.oj \ "I ' I , (,¡ I ,! ~ ~ . d i LI,I! ~ ";Î I ~:". ,ol>,,,,,,, . r ' : I gl '" <"h,,,,, ,_..' '1 09 "i . î I PROJECT' SrJi~' ~ 'ï1r''r Ii i\:F'·:~~+::iH Jf ,l,l~l :C ~'ì~:"..~) i ..~ I , '\'I'''-'''''''''''('-'''-I''''''--'\! I ",l¡;;JJ. i ,'!. _j~?t.'f)!>'~;"ò· ,_, "~,,,;.... 'ii ! , - "1 " :7;77 ~11~::"~'~.i'_,_ i ,I~~~,~..... --¡-"'--L I, \ r77,~,/~:,l{/%-¿\L.. Vmf'''iJL _ =-."..J!!£~'J...:¡-, it "m.__,, .~.J..t~....,..~..L=T~7rif¥.·'0~:'>:?,;~.;<~i (O"(I::rl,lD ¡ -~ t"",;io:'W, j ¡ ¡; \'X;:-'",j( f( J,' ¡ (// /,///' //////11 ¡ I '''\<;¡ \ ,jl,_,^, ' I I \''''=!' · " /" {., .' /./ L /, ,\, 11 ' ~ I " I j'~ ' )' L.: / ' '"--'--- --'-,--.777;' '~ " ~;; ·'I-i......"' : r::'L "'" -,--, V~~:>:'::'7.L}7' . ,. U,^,l; ¡ ( \~ ",.,..,. I t I ,~)',;',', .' \;:i:W¿..~,n~"'1 ~!!!"J<' ,- J !:-L'-Af;(' ~ -.~' L''': ,.._e"" ~~., .;;.,,~.':~ _ : ! .' ¡ ::it' _'0":",... .:,- -- .. - - " ' I it '~ 'T'- " ,} --'!':,""c-'I,,-=,,:;c·"·::::::-~J~"'.!.'!!":i'" ; ~II,~"J, ,',~~ t," i: \;1- I,:¡il¡_ iI,.')il .......!~'-<.!'f!!._ ¡l ~J~ ~ I T 48 S I "~"!""''-'.'h,..-L.. __,.J.,2¡fi.-=--±",_, .. . ;;>."'~¡¡ (....;...,·\'1"'1- T·:~:~--'·) "--~ 1.--~~''i9S:t..-'... ~::··(t--·-J,~-'~~"-,)~ü~.c~ ' ~~J",:!~ Ii.. ...::¡,:__...,!J""Moi,:','-[~"'___ r:-c::'!<~:o.==C-1-':':"-'· '-----.-~ I .,' 'AG, \'If' \~ þ- '''Vú~ß:--,__ <: 1 ..,,~ '! : I ; -------L..!,¡¡!>IIY'. __ ,-J.. __ _ ~_.. .:~~~ j) \ / ~ l'ê"J; ",,,,"""< \}~f ~ -- \ -- -f--- -~~:'~ --+- - . -- ---.- ----tl'''~'~l~----Yl!--- -! Ili;~ I Ê ~ 11 ~d i! '(f 5 t: J. --I .L...,sø....~~.__:-!-._..---- ,--.- _..)jj,t'..~::-::'-:.: -- . .l.~.~..t..~-,j--~~~,..~.·~·.r-·~." , '--.:- _'J!~ --¡.:.: ,-- ---" i\ J" --- --. . - '1-- "'"7:1: I' ---! r I ¡ -!''''''''''-'',"!!_.....-L--- '. i ~~l~L__.-__.__~ - § ~ ISÕ¡ t}!:Y.9t5' ¡ \ _._.. ._.J.!i1!'tl'J.L,. ------., ._-.. -~, ~ .--. -- ¡ I Il - --' I ~ 1¡llt I L ~~\ Yr ~ -- -¡ -- .M~-" . ,--.--- . + 'I: t'" 'I'«"'~"~I "';;;.'~~f~ŒJ'i;,,~A,Títfj'¡0 ~ j .::s 2- tJ,l·:!U'.:y,)ff.ls IIM~ ..î II I !. .1 .bW __.__n .~~_ __ __ 1!.!!~~____A~;~ r~: ~ .....~M' -----..- ¡ fo <:1f.V"IjI;:f I ) -1t.... J ~~ _ -r--h!-~.__~-- I , ¡g ---- -,,- ,. ~ -;- 11~' í. l,~] - irø,>-'" J'" j ¡ IJ I L ...'n....""._.__] ,;..¡! ,,-. ..- -, __I ____ ,_: ~ ::::::~l...¡¿,-··~·-~:..·r'-' ~~~/·--tft['f~~~~ lï l-~}~I~- ~r-' :;(:·I\~-,MW:;:,,_"··,,\I__ .',' ¡~""-f;~; I II ~I tM ';¡:~ '\'!~ I '~"""'~'",?~ ---, .,------ '. l~.¡¡ ~ .".' , I l.A.... .~__.__ 'o¥)~",~.L- - -- '- II'\:¡'\~I \""'" <'::~"" I ~ -J~ " "~" 9 ;.-- \i,,-t--·JII."-!'! ---·-"l----' ¡- -". _ ____I .";j ¡ if r 01 ,II I: I . l'\',"",,"" , I " , I:, : ._._., "~;~:';~';::I\\",'··C'C~·l- 'J--. ~~~. , ~ -, .,;. . "[ ~::T=r" "!'!'<O't""'P>,, '¡ --- -, -":nn: '\':'::;¡;&.iL:~::.::.:=.L:::::::.~:-.:::+,:Ÿ,;'¡'L.___ ----t'n-..-- / . _J "-'~;~ V i iii! ¡ ?! "'::;~f4"~ ' .,11., r-" J1I,'",,~_ '.--1'-.--- i " '" IJ r";':)' d-l ¡ "."<.'~__h_' , ··-······í···· ~T..'" ,')1) rl1EJMO) PROJECT LOCATION MAP PALERMO COVE Figure 1 Agenda Item No. 8C June 28, 2005 Page 78 of 132 Immokalee Road is a four~lane arterial roadway to the west of Collier Boulevard and a two-lane roadway to the east of Collier Boulevard. The above mentioned Collier County AUIR indicates the six-Ianing of Immokalee Road to the west of Collier Boulevard by Fiscal Year 2006. This roadway improvement was not accounted for as a result of this report because it is not within a one-year window from the submittal date. However, construction is cUlTently underway on the six-Ianing of the existing two-lane segment of [mmokalee Road to the east of Collier Boulevard. This roadway improvement was accounted for as a part of this analysis. III. PROPOSED DEVELOPMENT The proposed Palermo Cove RPUD will allow for the development of approximately 524 single family dwelling units within Collier County. Table 1 summarizes the land use utilized for trip generation purposes for the subject development. Land Use .. Size Single Family 524 dwelling units (LUC 210) Table 1 Palermo Cove RPUD Land Uses Access to the subject site is proposed via two access points to Wolfe Road. Wolfe Road will be extended from Collier Boulevard, turning to the south, and terminating at Vanderbilt Beach Road. Collier County plans to signalize the intersection of Collier Boulevard and Wolfe Road upon the completion of the Collier Boulevard six-laning. In addition, it is also likely that the intersection of the Wolfe Road Extension and Vanderbilt Beach Road will operate under signalized conditions upon the completion of the Vanderbilt Beach Road widening. Therefore, Wolfe Road's intersections with Collier Boulevard and Vanderbilt Beach Road were analyzed as full, signalized intersections. Page 3 ,____""'........'j i_"""""';I#'J"'m"""_.~;'"'t,;,,' Agenda Item No. BC June 28, 2005 Page 79 of 132 IV. TRIP GENERATION The trip generation for the proposed development was determined by referencing the Institute of Transportation Engineer's (ITE) report, titled Trip Generation, ih Edition. Trip generation calculations were perfolmed for the development based on the proposed 524 single family dwelling units. Land Use Code 210 (Single Family Detached Housing) was utilized for trip generation purposes. The equations for this land use are contained in the Appendix of this report for reference. Table 2 outlines the anticipated weekday A.M. and P.M. peak hour trip generation of the proposed Palermo Cove RPUD. The daily trip generation is also indicated within Table 2. , Weekdav A.M. Peak Hour ' Weekda P.M. Peak Hour Daily , Land Use In Out·T Total In Out, Total (2..way) i Single Family 95 280 I 375 300 175 475 4,770 ..(524 dwelling units) . .. ,-1 -..._~- Table 2 Trip Generation Palermo Cove RPUD 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 Palermo Cove RPUD was taken from traffic impact studies performed by Metro foL' similar residential developments along the Collier Boulevard corridor. The project distribution for the proposed development rezoning is indicated in Figure 2. ;~- In order to determine which roadway segments surrounding the site will be significantly impacted, Table lA, contained in the Appendix, was created. This table indicates which roadway links will accommodate greater than the 3%~3%-5% Significance Test. Therefore, the project traffic was compared with the Level of Service Standard tor Peak Hour - Peak Direction traffic conditions as defined by the 2003 Collier County Annual Page 4 lC) r-. I lC) ~ '<t to o è [ rrey¡:I 0) IMMOKALEE ROAD +40%+ WOLF RD. VANDERBILT BEACH ROAD +20%+ PINE RIDGE ROAD LEGEND +20%+ PERCENT DlSTRIBUTION +10%+ + 60% .. + 20% + Agenda Item No. 8C , Page 80N>f 132 w1fE S NTS. + o 20% ~ + UJ -I 6 GOLDEN GATE BLVD. ( ) ffi + j 15% 8 + PROJECT TRAFFIC DISTRIBUTION PALERMO COVE Figure 2 Agenda Item No. BC June 28. 2005 Page 81 of 132 -, Update Inventory Report (AUIR). The Level of Service threshold volumes were obtained from the Collier County ART-PLAN Level of Service Spreadsheets and the 2002 FDOT Level of Service Handbook - Generalized Peak Hour Peak Directional Volumes for Florida's Areas Transitioning into Urbanized Areas. The FOOT Lcvel 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. Based on the traffic distribution indicated within Figure 2, the project traffic was distributed to the projects access point to Wolfe Road. Figure 3 indicates the site traffic assignment of the Palermo Cove RPUD. This graphic also indicates the site traffic assignment to the Wolfe Road/Collier Boulevard and Wolfe Road/Vanderbilt Beach Road intersections. ~ VI. FUTURE TRAFFIC CONDITIONS It was assumed that the proposed Palermo Cove RPUD would be completed by the year 2008. The 2008 background traffic volumes were calculated by increasing the existing traffic volumes from the 2003 Collier County AUIR by the appropriate annual growth rate for the roadway link. The annual growth rate for each roadway link was taken from the Co1líer County 2003 Average Daily Traffic Report. Table 2A in the Appendix of the report indicates the 2008 peak hour, peak direction background traffic volumes for the area roadway network. Based on the project distribution shown in Figure 2, the link data was analyzed for the build-out traffic conditions of the Palermo Cove RPUD both with and without the development traffic. :...-..." Figure 4 indicates the year 2008 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 Palermo Cove RPUD. Noted on Figure 4 is the peak hour - peak direction volume 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. Page 6 I I I I _8 I LOC') ;;~I.. ...... C') I "15 (40) ., ~ I .. 50 (175) (15) 5 j- (105) 180" I I I Lõ ~ 0 I ~ S I ~ 0 I g ~ I' 50 (175) ., ~ I.. 10 (5) (70) 25 .I'- WOLF RD. (15)5+ Agenda Item No. 8C Page 82 ~f 132 8 co ..- ~- I.O~ 1.0, ~+ (105) 170 j- ~ t (3D) 40 "\. ::: :z; ~ z º rJ) Z III Þ LU o « o D::: u... -J o S ú?_ ~!£. tß ~ '10 (25) ., ~ +-(-) (60) 20 j- (-) -.. "<t ...... cD o .... o u.. [rrEJi=I 0) VANDERBILT BEACH ROAD N W*E S N.T.S. LEGEND .. 000 WEEK DAY AM PEAK HOUR TRAFFIC <4-{OOO) WEEK DAY PM PEAK HOUR TRAFFIC SITE TRAFFIC ASSIGNMENT PALERMO COVE o ít. ~ w ~ :J o co 0:: III ::ï ~ o ü Figure 3 ,'--.... ~ ~ to o -=t o 1.1.. rm:rno) ¡() ~ 3,291 - "F" (3,403 - "F") [3.411 - "F'] IMMOKALEE ROAD VANDERBILT BEACH ROAD 1,043 - "C" (1 ,211 ~ "C") [1,223 - "C"] 1 ,043 - "C" (1,099 - "C") [1,103-"C"] Q 0:: ~ -1 ::J o GOLDEN GATE BLVD. c::J a::: L1I ~ -1 o o l!) ,..... ..!. PINE RIDGE ROAD LEGEND xxx - "C" 2008 PEAK SEASON PEAK HOUR PEAK DIRECTION BACKGROUND TRAFFIC AND LEVEL OF SERVICE DESIGNATION (XXX -"C") 2008 PEAK SEASON PEAK HOUR PEAK DIRECTION BACKGROUND TRAFFIC PLUS AM PROJECT TRAFFIC AND LEVEL OF SERVICE DESIGNATION [XXX -"C"} 2008 PEAK SEASON PEAK HOUR PEAK DIRECTION BACKGROUND TRAFFIC PLUS PM PROJECT TRAFFIC AND LEVEL OF SERVICE DESIGNATION 2008 BUILDOUT TRAFFIC CONDITIONS PALERMO COVE N W*E S N.T.S. Figure 4 Agenda Item No. BC June 28. 2005 Page 84 of 132 VII. PROJECTED LEVEL OF SERVICE AND IMPROVEMENTS Figure 4 details the Level of Service for all links inside the project's area of influence. These Levels of Service were derived based on the Level of Service thresholds indicated within the Collier County ART-PLAN Level of Service Spreadsheets and the 2002 FOOT 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 Palenno Cove RPUO. As can be seen from Figure 4, nearly all roadway links significantly impacted by the proposed Palermo Cove RPUD will function under an acceptable Level of Service when the development traffic is added to the surrounding roadway network. The only exception is Immokalee Road to the west of Collier Boulevard. However, funding is available for the six-Ianing of this roadway link in Fiscal Year 2006. A six-lane lmmokalee Road would contain sufficient capacity when the development tl"affic is added to the surrounding roadway network. It is likely that when the SÌte Development Plan (SDP) application is filed for the Palenno Cove site, the funding for the six-Ianing of Immokalee Road to the west of Collier Boulevard will be within the required one-year window in order to account for this improvement. Therefore, no roadway improvements will be required at this time. All remaining roadway links are shown to operate acceptably upon the completion of the proposed roadway link improvements. 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 Wolfe Road intersections with Collier Boulevard and Vanderbilt Beach Road will require turn lanes based on the build-out of several developments that will access Wolfe Road. The turn lanes on Vanderbilt Beach Road and Collier Boulevard at Wolfe Road will be constructed as a part of the six-Ianing of these two roadways. In addition, turn lanes will be required on Wolfe Road at the easternmost project access point. These turn lanes are slated to be constructed by Collier County when they extend Page 9 Agenda Item No, 8C June 28, 2005 Page 85 of 132 Wolfe Road to meet the proposed Fire Station that will access Wolfe Road. At the westernmost site access drive to Wolfe Road, no turn lane improvements will be required. The western access will align opposite of the north/south Wolfe Road extension. VIII. CONCLUSION The proposed Palermo Cove RPUD at the northwest corner of the intersection of Collier Boulevard (C.R. 951) and Wolfe Road within Collier County, Florida will not adversely impact the existing roadway network. The surrounding roadway network was analyzed based on the projected 2008 build-out traffic conditions. Based on the analysis contained within this report, nearly all roadway segments significantly impacted as a result of the Palermo Cove RPUD will operate at or above the Level of Service Standard for that roadway as established within the 2003 Collier County AUIR when the development traffic is added to the roadways. The only exception is lmmokalee Road to the west of Collier Boulevard. This link is slated for six-Ianing within Fiscal Year 2006. A six-lane lmmokalee Road will function acceptably with the addition of the Palermo Cove traffic. The SDP application for this site will likely be submitted when the lmmokalee Road improvement is within the necessary one-year window to account for it within the TIS. Therefore, no roadway link improvements will be required at this time. Turn lane analysis was performed as a result of the proposed development. Based on several developments within the area, turn lanes wilJ be required at the Wolfe Road intersections with Collier Boulevard amI Vanderbilt Beach Road. The necessary turn lanes are being constructed as a part of the six-Ianing of these two roadways. In addition, the required turn lanes on Wolfe Road at the easternmost project access will be constructed by Collier County as a part of the Wolfe Road extension. The westernmost access point will not require signalization. Based on the analysis contained within this report, the proposed Palermo Cove RPUD will not adversely affect the traffic conditions within the vicinity of the project site. Upon completion of the roadway improvements funded by Collier County within the next two Page 10 Agenda Itern No. BC June 28, 2005 Page 86 of 132 years, all roadway links will operate acceptably when the Palermo Cove RPUD development traffic is added to the surrounding roadway network. \k:\20ü4\06\ 14ireport. doc Page 11 APPENDIX Agenda Item No. 8C June 28, 2005 Page 87 of 132 Agenda Item No. 8C June 28,2005 Page 88 of 132 TABLES lA & 2A 0 ~LDN ~ 0:: 0(") I/ <:( 'if'. 'if'. "<fi "<fi 'if'. "<fi "<fi 0..... 9 0 0 ~ ~ r- N ro ~ N..... Z l!:i N ori 0 ..0 0.. <:( N -co I- ENâj I/ <J.)CD(l) ==§D1 t; 0 ~ -§>6: ü: Q w a a 0 8 c a u. 00 0 a tl) N a <J.) « <- CD CD ~ '""" (") ~ JJ D1 IX 0:: -g .. « 0.. I- m .~ :x: ~ l- I- ~ <:: 0 II> Z (J ?f. ~ ~ ~ ~ ~ 'if'. .~ I/) ü: 0 0 0 0 0 £ w w 0 0 8 0 0 0 0 Æ ~ ..., ~ 0 0 0 0 0 0 õ 0 0 0 0 l!:i 0 ci ci Õ W IX IX CD N C\I '<t .... N g! ~ Q. 0.. l- II> 0- '" nI ...J <II ~o 0 0 0 0 0 0 0 l- II> 0 0 g CX) N <D M 0 .Q ~ ~ CD .-- C'1 <D (") 0 (J) M C'J N N c<) N U. u 9 0 N .J!¡ Z 0 e: co ~ 0 0 0 N ~ 0 0 0 0 II) I/ :5 '" E en C .g >- W <II 0:: w ::E 0 0 0 0 0 0 0 e: ~ I/ :) 0 0 0 CX) N <D tl) Q} <II -=t .>< 0 ...I CD ~ <P r- M ~ '<t l!1 e C ...I 0 <'} C'1 N N N II> > ~ <II Z Q} II) ~ :5 t ~ W '0 Õ 8. <II 0 ::E 0 0 0 0 0 ctJ Q} a 0 0 IX e: 0:: t/'J 0 L() I/ ::> a 0 0 CX) N <D (") ï:: <X> r-- 0 ..J to CD ~ '"" M \!) C') .c: II> è:' C\I '""" C'1 C'1 N N (V) N u .9 t/'J ..J 0 ~ " Z > '§ ID 0 £Xl !!' ;:.- 0 ""' .E ..J :0 :J ¡:: W ;¡; :2 2 « ~ II II 0 :!E 0 a a 0 0 a 0 "0 ,g; <II 0 0 l- I- f/) :) to to \!) ~ tl) 0 !D <:: R - M :::I ::) 0 ..J M '" C') IX) ID CO') ~ ;:¡ W W 0 0 g ..- .- .-- N ..- .s en ..J "0 ~ ..J e:: <:: Q} :J (( ::> e: en c > "Ò u ¿ W '" -=t :::.:: 0 III ::E 0 0 0 & g¡ «) 0::: 4: 0 I- tl) 0 f/) ::;¡ r::: CD <D 0 « LL 0 0 0 0 (0 N 0 '" N 0) M 0 ..J N Q} "0 0 .- ¡¡¡ Q) W 11. ..J ro f; ~ > .>< 1:: a. 0 E E jg .g W § ::; I- <1: :!E 0 0 0 "Ò .9 ID II II ::> 19 I- ~ ~ f/) 0 0 0 0) r- r-- 0 ro .£ 0 9 ...I t- .- (V) ;> 0) 0 Q) <:: en UJ > '3 .¡: ~ 0 0 .., 00 z; .>< Æ ïñ .§ 0 i <:: "" 0:: ~ "õ ~ ~ 0 0 0 0 0 0 0 Ü I-- a. 0 ...J ...J ...J ...J ...J ...J ...I en TI Q '" <II <I: <P to CD <t ~ <D <D ~ e J: J: 0 '" Q) .c: 0.. a. IX E en u > > ::> 'en '" Õ "0 Q} \{) tn ;> ~ Š t- r- "0 0 <') '<t . ¡¡: 1" " Õ II II Q:: .&::: en ~ '0 l> U .J:: "0 e: > l!1 ¡¡: ¡¡: u ffi .c: u. u. ro I-- m QJ . <IJ ~ ê2 ê2 CC $ 1? . "0 0 - <II ~ ::> .~ '2: l- I- £ <.') ffi ffi ã5 Æ Q} t; l- e: ~ ~ m U I- \1) QJ Æ 'õ 'õ UJ UJ Z . . "0 '0 0 Õ .~ $ c:: 0 8 "ij; Qj ..., ..., W ro Ü U 0 0 ::E II) ü5 > (!) ;> ;> Q:: n::: C) Õ Õ .... Õ Õ - Õ .3 ~ Q. a.. 0 0 (\) Q} w :i u:i u:i u:i ?i u.i ~ .c: .c: ex: 0::: (J) l- I-- :::I ::) 0 0 ~ J: J: ~ ~ "E '0 .c LÍi « <II u W '" 0 II] !l. Q. ãi 0:: Æ ~ ~ i 'S QJ 0 QJ « a.. ( ) ¡¡¡ :ë ...I ...I ~ -" Q) ~ g 0 "0 E c ¡2 0 0 1; >! I- 0:: U ÜL()N COO (V) e ..., ~ 0...- Z 0 ON- co a: C! '" M ZCÒ° co ~ a.. N co ¡¡¡ :;¡ ~ ;:J; EN gs u a.. C)(l)iJ) It! + =:§OJ ..., (\) -, CiJ c ~I -g CL z ~ CJ) M "" C! n. CJ) <::> (l) C c¡ N ~ .. '" OJ N ~ ~ ~ '" <{ u CD + ..., II 0 '" II:: c 0 a.. 00 (J) N ~ :;¡ a.. ..., ~I 0 N C! co <D a.. (() L() ;:: :;¡ « en z l- I- ~I ;,!!. 0 Z U ~ #. w w a 0 '" ¡:: U ..... '" '" '" C! 0 0 c:i 0 :) ILl a: '" N .. a.. a.. ::> z u 0 Ii ...J CO a:: tn ë '" M 0; ~ 0 :z: « g v 0 ~ ILl ~ '" N U N a.. In ~ '" C ~ a.. a.. Z « z Ii 0 U) M a:: U) ë '" N :z: g '" I- L() <:> ~ II) ..... CJ) c ~ ~ m '" N « Z c:i N a.. In « N N ::> ~ ILl 0- W 0 a.. ...J U -' IXIU « WI ;!1 'if- ~ 0 '" on :> :t 00 00 0 ~ü: CQ ';:: Z 00 '" 0 N Z C! <Xi u.. « « I Ir u. I- 0 N ~ In C! >- Z ::> " II M ~I v ~ 01 00 "" 0 l- I- 0 v v '" :> ;:::¡ C en '" 00 U 0 0 N ~ M c::: C! IJJ >- L() II'> ,.... ;:j ~I N N '" II'> 0 ILl '" ...J '" 0 rn CJ) '" M ë '" « M 0 OJ 00 (J E ti ;:] 'õ' « " " x ~ ~ u :> ~ :z: 5::: ;!1 §; > -0 0 > '" ã5 I- Æ '" on ffi ~ !!J D r- "- :;¡ i'ñ i'ñ u M .. c¡ 15 w 'õ 'õ tn uj s: z " " :. :;, « (L u u ¡¡: ii: u. u. ~ ~ >- l- I- ~ l- I- e U U « 1;:] -0 W UJ 0 (3 -, i<ï OJ 0 a:: > f1. OC a:: Q) a.. D.. :; Q) 0 Q -' -' CD ro « ¡::: Æ -'" t- o 0 0 E l- I- ã 1; U Agenda Item No. 8C June 28, 2005 Page 91 of 132 2002 FDOT LEVEL OF SERVICE HANDBOOK - GENERALIZED PEAK HOUR PEAK DIRECTIONAL VOLUMES FOR FLORIDA'S AREAS TRANSITIONING INTO URBANIZED AREAS -'^.~- Agenda Item No. BC June 28. 2005 Page 92 of 132 TABLE 4 - 8 GENERAUZED PEAK HOUR DIRECTIONAL VOLUMES FOR FLORIDA'S AREAS TRANSITIONING INTO URBANIZED AREAS OR AREAS OVER 5,000 NOT IN URBANIZED AREAS'" UNINTERRUPTED FLOW HIGHWAYS Level of Service C 620 2,:}O~ 3,46~ Lanes Divid«1 I Undivided 2 Divided 3 Divided A 100 980 1,47~ 13 33G 1.590 2,390 STATE TWO- WAY ARTERIALS Class I (>0.00 to 1.99 sig,\~lízcd intersections per mile) Leve! of Service Lnnes Divided A B C D I Undivided .. 210 690 820 2 Divided 240 1,470 1,730 1,810 3 Divided 370 2,26(1 2,600 2,710 Clas., 11 (2.00 10 4.S0 sign~I¡zod intersettiOlls per lI1ile) D 870 2,nO 4,470 Leyel of Servict Lanes Diyi ded A l! C 0 E I Undivided .. .. 560 760 810 2 Divided .. 200 1,290 1,620 1,700 3 Divided .. 320 2,000 2,430 2,56ð Class III (more th"n 4.5 sign~lized inlerseçtions ¡:>or mile) l.evcl of Service Lanes Di ',ide(t A 3 c: f) 1 Undivided .. .. 260 620 2 Divided .. .. 62() 1,440 J Di"ided ... .. 970 2,220 NON-STATE ROAÐWA YS Mojor City/County Roadways Le"e of Service Lm,es Uivided A I, C D I Undivided .. .. 370 720 2 Divided .. .. 870 1,550 3 Divided .. .. 1,.\60 2,330 Ot her Si gnal ized Roadways (sign<llizcd intersection ~naIY$í.s) Lanes Divided 1 Undivideu 2 Divided Source: Level of Serl'ice C 230 540 D 490 1,070 A .. .. ß .. .. Florida Department of TrallsporraLioll Systems Planning Ortiee 605 St!w~nL1ee Streel, MS 19 Tallahassee, fL 32399-0450 hllpJlwww 11.lI1ynorid~.tonvplanni ng/systems/sm/losldefaul1. him E 630 1,270 02/22102 FREEWAYS Level of Service F. Lalles A !3 C D E ¡,200 2 1,290 2,130 2,890 3,420 3,800 3,390 3 2,000 3.290 4,460 5,280 5,R70 5,080 4 2,700 4,450 6,030 7,140 7,940 5 3,400 5,600 7,610 9,010 10,010 I3ICYCLE MODE E 860 (Note: Level (lfserviee for the bicycle mode ill this ¡"bie is based on rOfldway geometries M 40 mph posted speed and lramc conditions. nol number of bicyclists using the facilily.) (Multiply mOlOrized vehicle volumes .<hown below by lIumber ofdireclional roadway lanes to detem1ine maximum service volumes.) ... ... Paved Shoulderl Bicycle Lane Level of Service CI1\"cmgc A I3 C D E 0·49% " 100 170 no >720 50-&'1% .. 130 210 >210 n. 35-IOIJ"A. 170 380 »80 ... ... PEDESTRIAN ~tODE (Nute: Level of service for the pOdè~llian mode ¡nlll;s table is ba>ed on roallway geometric M 40 mph post~d speed and tr"ffie conditions. not E nllmher ofpedcstrians lIsing (he facilily.) (Multiply motorize<.! \ehicle 770 vo)umc> .<howl\ by num\)er of direction III n'1dway lanes 10 determine 1,630 maximum ~ervlcc volumcs.) 2,450 l.('wl of SO" ice Sidewalk ('over~ge 1\ ß C D E O~-19,}~ .. .. .. 330 RIO 50·84% .. .. +..;. 520 990 R5-100% .. 120 590 >590 ..... E 770 1,630 2,450 I\RTlèHtALlNON-SI"ATE HO,\I)WAY AIJJl!STMENTS DIVIDED/UNDIVIDED Lanes ¡'vbl ian Le1ì Turn Lanes Adjustment Factors Divided Yes t-5'Yo Undivided No -20% Undi vided Ycs ~:)~~ Undividcd No -25% I I Muiti Multi ONE·WA Y FACILITIES Increase corresponding volume 20°-10. ·This [;)bli'! does J!,t.! t'on!.tiMe ~ ,$[OIld"fd ,md ~boulû b.: I'+¢d ol\l~ fo, occ'.eml pl"l\IIjn&appJiç3~iolll. 'rht: cmnpulCf modc:l$ (rom 1'ih¡,h ¡his 'Jb!t' is dt'riY('~ should b~ u¡cd for more :s:~cifit" p!:"IIII\ing. appjicN::ion.¡. 1llc ~c and Jtriyi,~:; compulcr modcLs .shoull! no~ be II.~U ror cotridor or ilUtrscclÎon dcsig\l.. where mete 1cflllCd tC'C'ht~quts ;xisl. Y¡;II1!:s ~U)\WI ;Ire hourly IWo.wny '¥ollJmcs fot Icnls or~rvíc~ wd õ1R' ror Ih>: ôlulomobilcltNck mOM$. unless ~~rili¡:31~y ~1(l1~·ð, Level ofoorvkc 1:lIcr g.r3dc 1hn:sIJl>!r4 ;'It.: probJbly 1101 :ornp:rr.1b~ woss. modes: 3Uri, thmfort. cross lnorol':otnp:!fisons.sbou~d ~ IIIfh~ ...,..ith C<llIliQtl. Furthtnnor.;:. ¢olllbinjl\£, Icycls .of ~~rvic<: of dincrC:nllI1o:1c~ ÌlUG one (lwr:J1I 'OJdway ~\'cl of .!oCr\'icc is 1\01 rccomn1¢I1(k:d. The tJblf:'~ inpul Y:'1luC" Jef.1...h~ i'>.þoJ Ic\'cl 0( .servi..t cri~riQ ;¡p )C'af 01\ ~r.c fo(iowine paGc. C;J,I~ul~~»n$. ~cbîlstd 011 planuiu{; i'lpphc;u¡olls O(thc Hi~hwaJ' C4,,~;i')' ~h)\,Jtll. lJi.cydc LOS ~1()uc ood rcdCSlrian LOS M.:xIcl. (c.$fI~ctìve:Jy r\lr t':lCamomobih:IIOKk. \)H:Yc~~ ~Id pc"'l:~trinn UI()Ucs. "'0'1111101 Ix: M.hiçvcd u:si.ng,1.1t'1lc in¡AlI v.::J1~ dcrJ.utt5. ··'NlItfl( plicablc (Qt1hc levcl .of ~C'r'licc: ICUcr g;~~. For :mlQlnobilc/l(tlck l)1Mcs. vO!lJmc's 1Jrci't1C, d\..l\1lc..d o1scrvteC ¡) bcco11Jt F bc-::m.~ iOIcr.sCC!ÍOH e;"¡p:u~';;!i~s JL1Y(: b~1I rC<1c;hcd. ror bicyclt' ¡mò r-cdci1rÎ;:I1I t1l0iki-. thl: level ôf ~crnc;(: lellc-r Brildc inchuJitlg F) ì$ \\(11 ~hicvahlt. bC'ti1.'JSC thcr<: i~ 1\0 m¡:¡ (, ìmllT~l vçltfdc YOILlIHe: Ihrc.~Mld o~lIg t.::Jble itlp~ v;¡hx: Ik:r~ult$. 99 Agenda Item No" 8C June 28, 2005 Page 93 of 132 COLLIER COUNTY ART-PLAN LEVEL OF SERVICE SPREADSHEETS LU j,.J- '-L '¿:) ART-PLAN 4.0 Arterial Level of Service Based on Chapter 11 of the 1997 Highway Capacity Manual 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: Transitioning/Urban Arterial Class: 1 Signal Type: Semiactuated Peak Direction Maximum Service Volume A B C D E Level of Service B AADT 1,900 28,500 31,800 31,800 31,800 PHV 110 1,660 1,850 1,850 1,850 Arterial Speed 34.3 mph % No Cyel9 L9ngth Arrival Flow vie Conlrol Inl. Link From To AADT PHV Turns Lanes LeÝ1alh glC (teet) Tune Rate Ratio Delay LOS Speed LOS J·75 East Oakes Blvd 29067 1B33 12 2.0 120 0.44 1584 4 1646 1.01 48.0 0 14.1 F Oakes Blvd CR951 14502 914 12 2.0 120 0.44 15840 4 820.7 050 20,7 C 40.0 B Off-Peak Direction Level of Service B Maximum service volumes are not Arterial Speed 37.9 mph calculated for the of(-pfJak direction. % No Cyel9 L~ngth Arrival Flo\' vIe Control Int. Link From To MDT PHV Turns Lan9s LenDlh glC feetl Type Rale Rallo Delav LOS Speed LOS CR951 De.k.es BlVd 14502 492 12 2.0 120 0.44 15840 3 441.8 0.27 21.7 C 41.3 B Oakes Blvd 1-75 East 29067 987 12 2.0 120 0.44 1584 3 IRR~ ~ ('¡ "-A 26.0 r. 20.5 E Printed:11/28/2001 02:38:44 PM Agenda Item No. BC June 28, 2005 Page 95 of 132 TRIP GENERATION EQUATIONS Agenda Item No. 8C June 28, 2005 Page 96 of 132 TRIP GENERATION EQUATIONS PALERMO COVE ITE TRIP GENERATION REPORT, ih EDITION n_ ..- il Land Use Weekday AM Peak Hour Weekday PM Peak Hour Daily (2-way) Single Family Detached Housing T = 0.70 (X) + 9.43 i Ln (T) = 0.90 Ln {X) + 0.53 Ln (T) = 0.92 Ln (X) + 2.71 _{LUC 210) ¡ í ~ T = Trips, X = .l!nits -.-.. ~_...~- ~..- Agenda Item No, 8C June 28, 2005 , DR'ÄFt32 DEVELOPER'S AGREEMENT .,--.J THIS DEVELOPER'S AGREEMENT ("Agreement") is entered into this day of ,20_. by and between ELIAS BROTHERS COMMUNITIES AT PALERMO COVE, INC., a Florida corporation (hereinafter referred to as "Elias") and WOLF CREEK ESTATES, LLC, a Florida limited liability company (hereinafter referred to as "Wolf Creek"). WIT N E SSE T H: WHEREAS, Elias is developing a residential project to be known as "Palermo Cove"; and WHEREAS, Wolf Creek is developing a residential project to be called "Wolf Creek Estates"; and WHEREAS, Elias and Wolf Creek have determined that it is in their common best interests to enter into a Developer's Agreement for the purpose of funding and construction certain infrastructure elements that will serve the needs of both Palermo Cove and Wolf Creek Estates communities. NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration and the mutual covenants and obligations set forth below, the parties hereto agree as follows: 1. Purpose. This Agreement shall not be construed to create a joint venture agreement or any other type of legal partnership between the parties hereto with respect to the development of the Palermo Cove and Wolf Creek Estates communities. The sole purpose of this Agreement is to provide a mechanism for the parties to share in a portion of the infrastructure costs for the communities as delineated herein. 2. Access Easement. Wolf Creek will convey to Elias an easement for vehicular and pedestrian access across the northeast corner of Wolf Creek's land, said land being identified by Collier County Property Appraiser's Folio No. 00203800007 and more specifically identified in Exhibit "An attached hereto and incorporated herein by reference. The vehicular and pedestrian access referenced herein shall be of sufficient size and configuration such that a sixty foot (60') wide right-of-way cross-section may be constructed. The costs of any roadway buffering required by Collier County to be installed within this easement area will be shared by the parties equally. 3. Wolf Road North-South Extension. The construction of a north-south roadway to be called "Wolf Road North-South Extension" will be funded and constructed by Wolf Creek and Elias. Wolf Creek will pay for and construct that portion of this roadway from Vanderbilt Beach Road, north to the intersection of Wolfe Road EastJWest being the Wolf Creek RPUD's northerly project entrance, as delineated on Exhibits "B-1" & "B-2", attached hereto. Construction of the Wolf Road North-South Extension will include all necessary utilities and stormwater management facilities, as well as associated pedestrian sidewalks. DRAFT November 24, 2004 RE-SUBMITI AL PUDZ-2004-AR-6258 PROJECT #2004040001 DATE: 12/1104 MICHAEL DERUNTZ --- Agenda Item No. 8C June 28, 2005 Page 98 of 132 4. Cross-Easement. The Wolf Road North-South Extension shall be constructed within a sixty foot (60') wide right-of-way. Each party will provide a cross- easement for ingress/egress and right-of-way purposes to the other party of thirty feet (30') of right-of-way from their respective parcels. Any Type D roadway buffering required by the Collier County Land Development Code will be provided outside the limits of the right-of-way delineated on the attached Exhibits "B-1" & "B-2" and will be funded and installed solely by the party whereon the landscaping is located. 5. Stormwater Manaaement Berm. A common stormwater management berm will be constructed in that area delineated on Exhibit "c" attached hereto and incorporated herein by reference. The berm will be located equally on both the Elias and Wolf Creek properties and will have a ten foot (10') wide flat top that will serve as the location for any required landscape planting such that it meets the requirements for a Type "B" buffer, as prescribed by the Collier County land Development Code. The cost of said berm, landscaping and irrigation shall be borne equally by the parties hereto. A cross-section of the proposed berm has been attached hereto as Exhibit "0" and is incorporated herein by reference. 6. Stormwater Manaaement System. The stormwater management component of the Palermo Cove community will be constructed of a sufficient size to accept treated stormwater from the Wolf Creek Estates community as well as the Wolf Road North-South Extension, with said stormwater ultimately being conveyed and discharged into the existing ditch associated with the common boundary of Sections 33 and 34, Township 48 South, Range 26 East. This stormwater management design will be implemented through the required permitting with the South Florida Water Management District and any cost associated with the permitting of the system will be borne equally by the parties hereto. 7. Utility Facilities. Potable water and sanitary sewer lines shall be installed as part of the Wolf Road North-South Extension construction. The permitting and construction costs associated with installation of these utility facilities will be shared on a pro rata basis between the parties based on the number of units constructed in each development. It shall be the obHgation of Wolf Creek to obtain the permits for these facilities with Elias' proportional cost payments being disbursed to Wolf Creek on a schedule as outlined in the attached Exhibit "E" which is incorporated herein by reference. 8. Wolf Road East-West Extension. Elias will fund and construct that portion of a road to be known as the "Wolf Road East-West Extension"'ying between that easterly portion associated with the Pond #4 agreement, to the intended intersection with the Wolf Road North-South Extension, as more specifically delineated in Exhibit "F" attached hereto and incorporated herein by reference. The construction of this portion of the Wolf Road East-West Extension is subject to Elias obtaining all necessary right-of-ways to complete the sixty foot (60') wide corridor, including lands under contract to Wolf Creek. The acquisition of the necessary right-of-way for this portion of the Wolf Road East-West Extension shall be at no cost to Elias. 2 Agenda Item No. BC June 28, 2005 Page 99 of 132 9. Term. This Agreement shall remain in full force and effect for a duration of ten (10) years from the effective date indicated above unless terminated earlier as provided herein. This termination date shall not affect the duration of any agreement referenced herein. 10. Notice. All notices and other items required to be given and delivered under the terms of this Agreement shall be given in writing, addressed to the parties as follows: If to Elias: Elias Brothers Communities, Inc. Attn: Roni Elias, President 15100 Collier Boulevard Naples, Florida 34119 Charles J. Basinait, Esquire Henderson, Franklin, Starnes & Holt, P.A. P. O. Box 280 Fort Myers, Florida 33902-0398 If to Wolf Creek: Wolf Creek Estates, LLC Attn: 3785 Airport Road North, Suite B-1 Naples, Florida 34105 All notices required to be given under this Agreement shall be given in writing, either: (i) hand-delivered, (ii) sent by certified mail, return receipt requested, or (iii) federal express or similar overnight service, or (iv) sent via facsimile. All notices shall be addressed to the party being noticed and shall be deemed to have been given (i) when delivered by hand-delivery; (ii) three (3) business days after depositing in aU.S. Post Office or official letter box, if sent by certified mail, (iii) one (1) business day after timely deposit in a federal express or similar overnight service depository, or (iv) upon confirmation of receipt by sender if sent via facsimile. 11. Amendment. Any amendments to this Agreement shall not bind any of the parties hereto unless such amendment is in writing and executed by all the parties, subject to the approval process. Any amendment to this Agreement shall be binding upon the parties as soon as it has been executed by all of the parties. 12. Entire Aareement. This Agreement. together with any exhibits attached hereto, constitutes the entire agreement between the parties and no prior written documents, and no prior or contemporary oral statements, representations, promises, or understandings not embodied in this Agreement shall be of any force and/or effect. 13. Litiaation. In the event any party commences litigation to enforce such party's rights hereunder, the non-prevailing party in such litigation shall bear the 3 Agenda Item No. 8C June 28, 2005 Page 100 of 132 reasonable attorneys' fees and costs incurred by the prevailing party in such litigation, including those incurred on appeal, if any be taken. 14. Headinas. Captions and paragraph 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 provision hereof. 15. Gender. 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. 16. Waiver. 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. 17. Counterparts and Fax Copies. This Agreement may be executed in several counterparts, each of which shall be deemed to be an original, but all of which shall constitute one in the same agreement; provided however, that each of the counterparts shall have been executed by both the parties hereto. Facsimiles copies shall be acceptable. 18. Survival. All covenants, agreements, statements, representations, indemnifications and warranties made by each of the parties in this Agreement (including any annexed instruments and documents), or in any document or instrument delivered by each of the parties pursuant to the provisions of this Agreement, shall survive the termination of the Term of this Agreement, and the delivery of all consideration and documents pursuant to the terms of this Agreement, and shall not be deemed merged or extinguished by any other action, agreement, instrument or document. 19, Enforcement and Governina law. This Agreement shall be governed by, construed and enforced under the laws of the State of Florida. 4 Agenda Item No. 8C June 28,2005 Page 101 of 132 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be properly executed as of the day and year first above written. WITNESS: Witness Signature PrintedlTyped Witness Name Witness Signature PrintedlTyped Witness Name Witness Signature PrintedlTyped Witness Name Witness Signature PrintedlTyped Witness Name ELIAS BROTHERS COMMUNITIES AT PALERMO COVE, INC., a Florida corporation By: RONI ELIAS, President WOLF CREEK ESTATES, LLC, a Florida limited liability company By: Hoover Planning & Development, Inc., a Florida corporation By: WILLIAM HOOVER, President 5 -~_._-_._--- Agenda Item No. 8C June 28, 2005 Page 102 of 132 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of , 2004, by RONI ELIAS, as President of ELIAS BROTHERS COMMUNITIES AT PALERMO COVE, INC.. a Florida corporation, on behalf of the corporation and who is personally known to me or who has produced as identification. My Commission Expires: Notary Public Print/Type Name of Notary Commission No. STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of . 2004, by WILLIAM HOOVER, as President of Hoover Planning & Development, Inc., the Manager of WOLF CREEK ESTATES, LLC, a Florida limited liability company, on behalf of said corporation and said company and who is personally known to me or who has produced as identification. My Commission Expires: Notary Public Print/Type Name of Notary Commission No. NOTE: The timing of construction of roads, stormwater management berm and utilities has not been delineated in this Agreement, nor has the timing of the cross-easement conveyance been set. Specific time frames should be established before the document is finalized. #1264717v1 6 ;>;"_~I/iO¡;¡..,,,",,,;","_,,;,,,,,,,,,,,,,;,,,,,,,,,,,,,,;,,,,".,.,... ,...L.) l.() N OÇ") 0..- N_ , _ 0 "'-OJ EN8 (j)(j)..- :::::c(j) rn::¡01 -a-'rn c D- (j) 01 « ~ ,~ " k ....... Þl) ~ '"""'"'> " J ~ ... ~>: j;!;'" ~~ \0;", . I:C "'~~ ~e", ~~t;;.~ ~ :;;i:S~ ~ ~~~ ~ ~~~ :"t: """,~ r:.:.::¡ òš i:i >- \5iS~ I '" VI;:S ::;~~ ~ "'r~ ~ ~l~ E-...; ~I;?~ ~ \5~~ ~ ~~~ ~ ~g¡~ ~ ""'~:¡! .. ~~.... b b ~ "'!!<¡;!\It2""'~\o¡~\o;~ ~i:'í, ....~~ "'¡;S!:;;I:õ",,,,,,, ¡¡¡~<S ;¡;: . 0:15 i5~ ~ ~ ~ ~ t;; "'" ~ ~ ~ "'" ~ ~ ~I ~ ....Iii~~¡;s-:::;~~~~~....:i! ..,-"'....... '" -Ii:", '" ~§;¡ *<:> _ "'.... 2: ....;¡: ..,:-~"'~\!s !:52:...."":-"'¡s...."'....-....j;!; !-c: ¡¡¡- ~ ~ ¡s¡ ~ VI it ~ ~ <!; it iò5 ~ ..../::.¡¡: ~"'¡",¡;;¡!,o,¡"'¡s~~¡r ~~~~~2:~"'~l:õS;VlS;~~ 2:8\!s~\:j~~~~ð~~~~<::> ~e;¡ ....~"=2:~"i~~ð"'~... ~;;;!~t:!~¡¡¡iò5"'~-~"'ð~~ c¡t;;~.::;b~::s"~,,~,,t;;"'''' ~""'""'!!i! ~ ~ ~:t: - ¡ji! - e -"'" <::i ~ ~~i:i) ~a:~t:; t;,-~"'-ì~'-l 1..,~~~,,·..~I:õ~~~~~~ð~ ~; ~~ ~ ~ ~'~ ¡ ~ ¡ ~; §~~ "'''''I!",~ ,"!,\ ""~"" ""''''. ~"".....~ ~~~~...'O::~~....~~ ¡s~¡;J."'~~~~ð~i:s<::>ð~"";;; ~'""~~~~~to-~~~~~b~~ ~ ~ ~ ....~ ~ ~ ~ :: \õ :: ~ :: ~ ....~ ~ bI .-.....Ej..~ "''''''' "''''....0:; ~~"'ìS~i5;¡;:~~...~:g~"'¡¡:¡¡:; ;::¡;lì!;""<>:""'~::::~ì!;~::¡:~"'~~ ~~~S;~~~𧡧¡§¡~~§¡¡;¡§ -z- ~~ 'S-~ t;;c: ~è: ì!; ~~ ~g¡ ~§ ~t; -"" ......, "'", ¡::s.... ~¡ êi:i I\!~ ìS~.... ~¡~ I~~ ~ ....~v, ~ . V'I -:. ~ ~ ~~~ B~SJ~ ~-' --------- - - - - - - ~ I ~ - - - - - 'M"(J'}J 7YNt?...:OO~ _._ - T - . . - . - - ;:+;. -' - /jÇ6 'Jj;Y' åiÑAI/fI08 JJJTI!E.. __ _ f'o').""'I I~_______ '- - - --------r¡----- Jtl1''''¥j'''_ISJO I I' I :1 ~7 I'~ ~~ p~ ~~ ij~ ~~ ,OJ ~$ ¡I~ ~~ ¡Ii ~~ , ~ ~ ~ ~~ : It :~ ni'i t:t.J L " :1 :II: ~~ ¡,:I; ~~ :;;" ~; U ~~ -'- ._,- ~IO: i~ ~~ ~¡;: ;¡;~ ~~ i~ :;;~ ~~ !!i~:: ! j:,~~ ,-:II:, ~; -+4: I: ~ :;¡' CJ 'r'¡ I ~"") :!: ~~ : I: ~~ :d \!s~ : "'~ . It Q .... ~~ ~~ :11 ~¡iõ ~ ~~ I' ¡,!f ~ ~ g b( 'I, ~~ '" ~~ ~~ t~ i . i; c:¡~ L:~~ Q I<J~ I'I I ~~ : I ¡ '+---4=' - - -= - -m::~::::-::::==T::-_:'- -...:..:- ..:.= -" 8 - ~~ ~~ ~¡~~ I S(;¿ ~i _'h ~ð~:r &~ c~ . "'~ ~I-.'~ I ¡¡~ &~ I ~>-:g~ ~(¡~I< ;:¡ 11:'" ,~~~" ~¡g"" I I 'I.!¡'~~ c" ilh~~ I~~,,~ I il .... I I I II i. ~! .,.:.. ~ ~ ~ ~ ! ~ ~ ~ ~ is ! '" ~ i;!j ~ ~ ~ ~ ~ ~ -. ~ ~ ':Ii !!! ~ ~ ~ ~~ \') ìfÇ> ~ "'~ ~ ~~ ~ ~ i ¡::s I;? ~ -i ~ ..... tô ...¡ ....:15 ..:"" "'~ ~ ~~ tri~ ~ ~ ~'" "'" ~ð ~b! c::.èS ¡s~ c:sÖ , ~.ª ª ~ ft ;¡; "" '",'-... , '" l> .;,'" ...~ , ~ V) C) Vi è:S ~:<: ð ~~ i~~ ...~: ¡;¡,,--- I \ ~~~ I u~~~ I · I ~~§ª -----,Ktrd- __L-__~_ _._. -----I-----------1--î ! ~: : ~ 1 þ~ I . I lXt)t I . I ~,~ t ! : f.... \ . ! $:~ i i ~~ --' ¡- I ~ b( : : ~~ c I : I ;., ~ : --1 i---' U i i f ~ ~ I : ~I ~ :~. : : \0 I : I \ I I I I I I I I I , I 1 I ' I I!! "'I I ". I ,~!!: , 1ts~i \ :~B: : I~~I I I , I I I I I I I : I:,": I "11'1 I 1 i~~ ¡ :=~1 ~ :~ 1,<: : s::~ : I I I -..-..- ,,~ -I ~~ w~ i!¡ ~~ ~~ ~:;; S-~ i!¡~ ~~ h ... ~~ ¡~ .. :::.... ~ ~ ,!!: :::::; ::, t/:) ~~~ ~~ ~, e-.. ~::~ ~i a'" ~~ h -~ ~c: :;¡,~ :lib! ~& <c I E-: I(J t') ~ ~ ~ t3 ~ It) e::::; r..;¡ ~ ~ ~"'<: ¡¡;; ~ r:.r..~~ ~ C) ;t:. s ~ -5'-.; :c::; ë:3 c:::. :,..,. ~ ::,;;::; IJ) ¡.." _ ~c:of§ ë:3 ~~e ~ '-.J!2:: ~ CJ:.~~ ~~~:j~ t) ~e ~ ~ ~. 6i c::::¡ ~ :::3 c:::. ~ ë::: ~ ~ Vj ~ ~ ~ ~~ ~~ ~~ ~. ~ t3[Q ~ ~~)., ~~~~ "<1:!š ~... ":I '"' ¡§ ~!'::>~~ ""I: :;O;C::¡ ~ ttj ~ . ~§g ~.~ ë¡: :::;::~<::>c.. _;'¡<::>V) ::....~~ 1:::1<;.) ~ ~~ ~ c¡¿ <::> c..::; §'! D;¡ c::;:¡;..t; \f) ........ "'It> 0.... I'" ~~ ~~ ~~ C\¡~ """::; "~ :>.::.; ~~ ~ .".ë¡: ~~ 10.; ....:::, .".-.; "',,- Õ)O g¡~ """-.; ._~ ~~ ~¡;¡ ~ ... ~ ~ to. ~ C <:> ~ ~ ~ ... ~ !:ì e Ii ~ "" , ~ ~ (.J .... II) ;~ ~ ~ ~" ¡¡¡fi "" -~ ~~ ¥) ; ~i ~~~~ ~ h ~ð~~ '" '" ,-..., ........!.;:!i è:ð ~"''''ß¡;:~'''''' ,,_. >",.; !::n5",,,,.,.;:i5~ k ~ Q..CL...:::c:il:l..:uV) ~~ ~1tì<.Ji>i ~'"i ~ c::::ic:;:)c::)cc .ec::U t" ....;¡ <>:o..:",,~¡¡:\.;~ '<: ---~--~.- 9 "Cd NDD9UV 113m MOOn¡ '¡o;, t,:.t'tOtOOtlltlIO ·11....., 'I.>a >'9-ÇÇLt-8\IMI'\SID!:)V 0, 1ßAOOM 11I!I\S>oof""'-s!>Io\C\:!} ~ ~ üL()N ,.¡ CO°('f) §¡ >-~ S, <..> ~~~ ~ ~:::~~~e èi ° ..- § '- - ~ ON.... y;... '" y;"'ö '- ~ t:- Z - 0 Ö~~Q~Q""'~~~~E:! CO ~t;;-~ ...-;:¡:.... ~::::¡~~2:~...~ ~ EN;g '"'> ~ s,<.> ~ i!: ~ E:! ~ !Q S, a; ~ ~ð ~ ¡:S<:> ~ s¡. ( )(l,)..- ~ "'~ ~ ....'- ~ '"''''''''~~Y; ==§( ) ,... "'~ .;.,- ~ ~,,:¡e "8'" "'" ...., '" t3 ~~ ~ ~ S, bi"'" <..>~'" .... - ~ ~ i:!s~ -§ -, f? "';t- ~ ~i:!::t;;~t;;~~ê~i!i ~ y; '- '"' "'" ~g '" .... Eo-. ¡¡;~¡;¡ ~~~~i:5~~'- '-~<:>~ ~ ~ c Q.. .:¡e ~ "''''''= ,",,,, ~~ ( ) ~ i:!::i!:"~ ~~"'~~ i!;~~i:5",ð~~ æ ö 0) -~"" ~~~ ;::. ~:;¡I~:::O ~"'" l':: ~ ~~'" '-- "" <- ...... :C:> -..::V)~ ef ~~ ~ ~ "'y;~ ~"'~--i!it;;-",¡:.II';:::~:;:;'''< ~- "'" ~ ~~~ ~e5!,o.,f¡j ¡:s~,-",¡:;;!,o.,~¡S",< ~b5 ~ '- ~~~"'~""~E:!~"'§5~,,:;;:; ~ E:! Vi ~~~ ~ut.;~~~,,~~~a::~;:;~ 1;<'" ~ ~ ~~~'" ~t;;-lt:~-~-:; Vji:S~~'" S a;- ~ ~ -",'" :"t:~!.Ot;;QJt;;'-J~ V)~t:::it ¡:. a; '''.~ ~:::i!;~~a;!iIi~g~~i:!::~~ ",§¡ "'" '- ~ I ~;,;~ i~~Ö~~~~::Ö~~Q~ ð~iè ¡¡; ~ ~~~ ~~~V)~V)~~~,,-;:;~.. ~~~ ~ ~ ~ ~~~ ::~'-'lS~~~iS~. ~ii1i:!s~ ~~;:: ~ ~ '" i!:" '" Ö ,.- 0.. Ö >- ~ E-:; '- ~ !,¡¡! ':Ii""'~¡s~""'~'"'>"",,,,$~ ~~~ '- ~ E:!~i '" ~§¡~ê~~~ê~~I;<~t;;~ ,...-,", ~~ ~ . . !3 '"'> '" ~ ~:::~ V) ~ ~ ....=- - ....~ - .....- :"t: ~ ..... ~ ~ ~ ~ ~~~ R'~ ~ U '-- y; ,--"-,,,'"'>a;'"'>;::'"'>!;¡!"'E:!'"'> '- ~ '" ~>-- ....,,,, ~ !¡:i!;'-- ~ð\~~§¡~~~~~~~~~ 8 ~~~ <£i:!s f:§ ~ ~~ ij¡~~~~¡¡;~¡¡;~i:!s¡g¡¡;~~ ~"'"' - "'=<..> "i ..., -z_ ~ \' '"~ \... ~ ....... ~ ~ ~ -------- -- - --- ~ I ~- --- - "lAD]! 7rNrJ-!OO'-.__ T - - - - ~. - - (¡Ç61J;Y öiirA37f1OB /IJ'!E3.. _ _ _ . ~.~ --------- I - - - - - - ---y¡- - - - 3Nl7 .I.1i'AI.-'J-J/ðIiJ 1.91 I . :¡ ,:t: ; t I; ~~ ¡;:!; ~~ .1;1 n 1$ ~:;; I~ ~~ . :~ d S:~>lir :~ U ¡Ii ~EJL " :1 ~ ~* ~~ ~h< --- __.L.... ~~ "'''- ~; ~" "'~ i!!~ ..;e¡ <L~ [;)~ ~ i5 !;ì~ y; o;,,¡ ~~ ~ '" §~ ~~ '" <::s ¡s~ ~6 ! ~~ ~; t '" <.J w>= ~~ ~~ c:".., CO> -----1----------- - ì>:"' U ~::\ .- -..- :;;:0: h 11;' ~>: ~;;: i!o-" ~:: ~~ ~~ ~~ ~. ~! ~'- ì>:::: ¡Xi J i~ ~~î'- is Q.::\ ,,~ :~ t~ ","' ~~ ~~ ~~ ~~ a ~~ h : I :s;- III .... 'IJ~~ : Jo~ 111&'" 'l'If'" --H,CJ 'I' :1: , , , I , I I' I . II c:. .... s:... III ~;;'ã ... I Q;iIt ~~:I' ~~~ &~: I ~ð5" ~r..,.¡ II . li~' Yf7-S: " "I :11 ~--- - ~ -':':-T-~-':'='-",I~- ~~' g~~~ ~~ _I h g~~~ c::i ......-.. In.........-t::i &~ 1 ~)-~~ ~~~~ ~~ J ;~~~ ~~~~ ~",;'* I ~~i~~ II Co Ii " 1-0:" J!q! X3: k ~f'~ ...... ... '" ~~ ~~ ~..¡ ","' 8'-' ",þj i!!~ ~t; ~~ -~ "'''' ~~ ~~ ì>:. §j~ "'1>1 ~::\ y:¡ ;; r<j J ~~ ~ \ ~ ~ . 2:: ~ >.: D; <0 ð:'i<! ~~oo( i~~ 8b~ ~ "t" r~~ Q:j~i§ ~ð:'~ã n-: I I I I , I I , , : ~.., : ~~ : c~ : ~~ ~ I I , I ~: = : I I , , I I I I k~1 . !ii, ~~I ~~: ~~: ",'O, , I , , , , I I I I I I , , , , -~ ~~ 'b :::o~ ~~ .... I e-.: '0 c-;, ~ r:'j '¡I ~ ~ ~ ~ t.:¡ ;<:; ~ ~ ~ ~ r_ ~ ~ ~ ~~ C3 êS ~ ~ ~t;:; :c:;~~:..; ~~V:¡~ ~ E-:;<>::>:::¡ ...... r:::::: ~ c:, ~ C) ~ \..) E-:; c.::.~¡;¡ ~ ~~~ ¿; ~ f:28 ~ ~ ~. ~ c::::) :.:: ~ ~ ~ ~ Crj "'I .... "'"' '" " ~jf:) Ò¡;"") ... '" .. '" ~~ ~~ ">, ~;; ~~ ð:'~ ~:;; ~~ a'" ~~ ð:'~ ~ ¡.;:; ~ ~~ ~31 ~ ~.~ 0..;:;. ~ ~~ ~ C) §::::... ~~~~ ""::::: ê5~"" r,;¡ Q:; ~~~ê .....~~ "":::::~ ¡,¡ ~. ~~ ~~"'~ --.0: ¡.Q "'''' ~~~ ~~ ~ ~~ ~ ~ '" ~~ CI:¡ c;¡;.t:; ~.., '">'" C.., I'" ~~ ö;-~ ~~ '-'-:::; .."'; :..::.; ;:::0 ....¡:; "'" ~ "'Q:; ~~ I"; !'-.:::; ..."'" 0..... ö;-0 Rf:: .~ ~E; ðti §:t; ... ::.... §;:? š Cr) ~ Eo-. ~ ~ ~ ~ ~ ~ ~ ~ '" c:¡ 1<; ~ c ~ ~ i1i ~ ,'I \.>.., II¡ '- ~ ... ~ ~ f;è'-' ;;:i:5 ¡:¡ ~~>-~ /ij8~~ ~ ~~~: ~ ~ ......~.!..~ --~ ;:;: ~~~~~§~ ~ .:s:¡¡:",,~~<.>b¡ ~ QjU~ ti::¡ "'''''''''' ."'<.> ....:¡ <Lo.: cc "'¡¡'ubi 9 "Do! NOO9t.IY ~ HOOI1!"Wd Or.91:uJ tooUIll!O' ,,..... """'K"t-~v 0; 1!!IAOOH TDfAA>o!""""o",m:o nL()N -OC0 0..- :'-J_ _0 -00 EN~ (j)Q)..- :=cQ.) ro::JOJ -o'ro c: Cl.. (j) OJ 4: ... ... ~ _\tl h.. .... ~ ..... -'\ <.. ~ .... ~ "" ....t;; "'1 ~ ~ '" . '- ~!ti1~~~;;;" ...¡ "" ~t: ,~jS"".;. ~ :::: ~ ¡¡¡:;-:i'"' ""~~~~~'" :-::. þ;~ ~ ~ E:~~ ~~E: ~... !..>~!jj !ti1~' ~~ ,ì!:~~,", '-~ :-::.~\)¡~~ ¡~ ! ~ ~~ bj~~ "'.... ~ .... ~~ ~:6j~~~~~~i.... ~~ ~ § ,...~ 6j~~~~~§::-t;:;!S~~b~ ~~ t5 l.r,) :-::."'~ '" .... ..., ~~ ,..~~"'~"" -:s.~!:) !.!sËi ~ ~ ",,,,0 ,. ~~::-~ ~1.-,~~Þ;:5:: ~ ~ ~~~ ~t;:; g¡ :-::. " :-::.* '" ~ ~ ~ ~ ~ ~ þ; ~ ~"" ~ ...."" ~ ~ ~~~ ....."!I::h........~~...-::: ~ ~ S~ ~ ìí!~~!:!ì!:~~~..~e~~~ ~ ~ ~~I ~c:i!;; ~r'" ì!:........ '0 ~~ ~ .... fE Vj ~;:¡'" ~~~~~~~~~§~;~~1:! e'" ~ ~ ~~~ i!::~i!::~~'-"~i!;;~~Sj"...,~"" '" ~' ¡::¡ ~ i!;;~~ ~~ e ~~~ ~~~~~~~::::S~!S '- ~ I ¡:;¡~ð ",~...."" . '"'V)~ b"" eï~ ~~..... ¡¡¡ '" "" ~~~et;¡,~~~ ~~~!!!"" ~~~ ~ ~ :<:;~i~ ~ ....¡::¡" " "!S~ C) e :::~' ~ fE ~ ¡¡¡ ~ b ~ ~~ §¡ ¡¡¡ «:,~ I" !Q ii ~ ~~~ ~I.,¡",,<:¡ .i!;;~~~ì!:""~i!;;~"" ~e¡¡¡ ~ ¡¡; ~ fE~~ ~~~SjI:i!S"'''''6j§¡!S ~~1<¡ ¡¡¡ ....'" ~§ ~ ~t3 ~~:-::'ì!: «:~ ~ '. ~...,~ 9::: ~~~ ~~~~~~~~~~~~~S;~ ~~~¡¡¡ ~~ ~ \.j t;¡ '"<.' ~ ~ ~~~ ~;:¡::~~~ì!:~b~~~~~§ S itJ~~ ~b c::::j ¡¡::-::'c: ~~~19~~~~~~~~~~§ ~'"' '" ""i -z- -------- ------ ~ ,~ ----- "Mv"/f.!!,f((j.JXJ,-.,_, _, -, T - - - . . - ~ - ' - (¡Ç6 . ,ii;) 1J!f!Æ!!fE8- N}ITW _ _ . . - - - - - - -rr- - - - - - J/If1 ,..-iO-1H!J1// ISJIIJ I : I :1 ~7 ¡,)¡: -$ 'I.. VI. 4.. ~~ I:~ ::-au : Iv S¡i: :"' ;r 5- : I~ ~ ~ ¡¡~ I'::.~ ,~ ~ ~ ~: ! l~ ~:r ~!: I~ h ~":~ "~L ,: :1 -~ ~t:' ~~ :o¡~ ¡;'j ~t; ... I:%; ...J ~; ì;J~ §~ ~;::¡ i~ !S"" ~b "-~ <:>~ ~ <:>~ "" '>:! ! r~i ~ ~ ~'" "o~~ ... t ... u ~~"I( ~~ .. '~ ~~ I~~ c::a ~ Q ~~~. ~-~ ",:;; <ti~~§¡ ~:r~ª ~ :r~ I!s:; S~ in- ----~1-----------1-- ii \ Œ~ : , I , ---' , , ~.. 1 ~~ ¡ ~a t :ì:! I ~ I ... I I , , , I , , :.... 1 . I_~ ~t5 .~ :¡¡;::! I~ vt , 1 , , , , , , , , ~ : ~~ : ~ ~ : 1 ... , , ~~ ~:;; H ~~ -..-- -- ~~ i!t~ ~~ ~¡¡: i!i~ §:: -..i ~~ ~~ ~. ~~ "",- ~ : I ~s¡- III .... 'I'~~ l¡!&8 'I'!'''' -H,CJ 'I' : : I I 1 , I I II ~~ -: ! ~~ ,¡;"' ~~ ~~ !!¡:;; ~i .:, ~ "'- SIt ~., III Q~;; i i' .... t ct:1It:(,S a ~~:, !,!~.. ... ;,~ &~: I h~ ........ r;;::Q t.~ . &§Q:' I "''' Yh-:;; '" ~~ : 'I I ~" ,I !'... ~ - - - I::±:: - ~ ~-" -----.:r-:::::::t -~- ~ -~ ~ - ~ ~~ ~¡- . I ~" ~~ --'h ~b~~ ~!¡¡ ~:::¡ '''''';::0 ........Q I ~~ ~! ~~;~ . ã~~ ... ,L<:!", " ¡;¡ ..... I~~¡¡<" c'" I~~~l , ¡;¡iE...... II C" 'I ..-..----- _. "Z-g" J!qrqx ~~ -~ ~~ ,¡;"' ~~ ~S b:;; ":.~ ~~ h h .. ~;;¡ ;$i . '" :;;., ~S :!,i:\ I:, I e..' .,., ~ ~ ~ <\! t:/¡ Þs ~ ~ ..,. ~ E ~ s= :::::J "0: "'I; ...: ë;:¡ e:.... CI: ~ ~ c::> ;X:' S ~ ~~~ ....:~V¡E-. ...",.E-:;C:C§ ~ Q::....c ~c::>t:t.1..:> E::: 0.. ~ f;§ ~ ~ ~~ ~ D f2ô ~ ~ ~. ~ c::::j :.:: ::§ ~ ~ ~ ~ ~ V¡ t>:i ¡..:; 2§ ~i@ c..:~ ~ ~- ::s ~o..; .... e-:;;. t") ~~ ~ <:::::> §;:... ~~~2!j ~ ~ õ¿ ¡;:::¡ V¡,..:¡c ~~r::¡~ ""'t;:§ Vi :š · ~~ ~~c~ _¡:.¡Ctf¡ ::..... 2!S ~ ~ 0;:, ¡; ::"'::~ ~ ~ c '-.::i~ Ct¡ c:¡¡.t> ~-- ....'" <::1-- I'" ¡"'Ct¡ ~-..1 ;;;-&i ~~ '-'-:::>: ,-~ ~:õ!: ~~ -00: !1:2 ....~ ::;~ I""' ~:::, "-00: "'... Õ)'<::I ~~ '---00: '~ ~¡:: ~&i ¡¡;t.J .... ::.... ::: ~ .. ê§ = "I: -I -~ I:r;) :g "" ¡¿ i~ ~ ~ :o¿ ~ è ~~ &-.. ~ ~ i!!~ ;.. ~ tll ~ ~ 8 "' b~ ~ ., ~ '" '-' ... S ~- ~ tf) -'" ~ i!;~ .... t ~~ h ~ ~ '->~ "" I~ '" ~~~I ~ bb~ '" r-.. ........!..~ b~ ;;;:: ~~¡>s;;::~~E; ~<I:"'-i:>:~~Gt>¡ ~1:%;<.,;iIIt ~ c:)c;:jC)tt:; .~I;.j ....:¡ c¡:c¡:<>=<:si(ut>¡ 9 'Do! NlJ09tdY nm HO::>!l! 'I'I.! 9Ftl'tO tOOtJIV¡Q '¡mo.ú'¡ 'bp·¡-SILI-&\....I'\SIDC\' OIWAOOH "I8\""¡"'dlsoAlal'O -.!_~:¡¡W _'-'\Iœ -tC:~""W1''''"""""",,,,,,,, ~n ",>iOJd 'uouurrd ~ ..,..... ......... mdd"W'I'uo....""'S·u'mn'ätrg :>Nlv~H ~Nlli3.:Hn8 Q3li\fHS "w<' """"'" ~,- <o\..-:-::."'J.7.ë':':-r.. ~~ .{;"-Z,·.>o:'o üL[)C"J roOM 0......- cjN_ Z - 0 >=~(,O ro(!)...- .:::c: (I)::¡ ~-, (!) OJ « andtJ 3/1 OJ 0W837ì1d ':;NI '31\0:; OWli31\fd.L \f S3LLINflWWO:J :;¡¡3HJ.Olif/ S\fr13 '.:."o':Ir1J ~v.; !"6'¡· 1-.. H - r -~4~-" ~=-_~_ = ~~ .-t-. . . li~ I"! ~U § o~. I. ~I ~~ -I II , t fi -II i ~ ! -( ,I .j¡; Qz "'- ~~ " ~~ 5.) ~~ ... >~ k O¡:L¡ .... U~ ~ .... O~ ~ ~~ ~ ~ ~Q ~ ~~ at ~. ~~ ~g Ii ;; iIí ;Þ ~ .. ~ ~ IC-IIII9oI)'--"·' ...ø ~¡¡ ~~ .~ b '----Ð~ i~~ b~ IC__::; ) t::Ol f ~ I f I 1_____- ~ f 1 0 ¡ ~ I I JL J i i f ~ ¡ ! ! It)~:~~=~ I Qn ";),, J!q!qX3: I ( - . cPllIGI'Wa"II --- f!¡Q" .,,:r,,- II -*" ~I n ~~ ~ -~-~--_._-_.." CElmRUNE OF RQ.I,D ~2' VAU£Y GVT1UI RIG"' OF MY lJNE 2(Y WI"". """.,,, \'5' CONCR(1"t SIO£WAI.K Exhibit "D" 20" 'litlNlWW CP~OO HOlolrS/VIl.l.ASj 15'A~:'-~~~~~'r ~' WlJIØIrotUW Y'AItI!S (50' - eo") v..... '.. IUSIOEHtW.. BVl.DlNC ""SSI!l£ N:ctSSQRY STRUCTIJR£ -- fOP Of BERN 2:\0 YEAR STAGE ~ t.t1H1MU'" F1NtSHED F1.00R El.£VAßON 1L- 1 ~ ~=- GIW)t Sl'CßON F-F ,.. OEV14.TDN FROt.I \..DC S£CT1:IN ..06.DS.C.t'. sa. SECTION 6.11.8. at THE RPUD OOCUWDn' NOli 01, 2004 - I1:J2:54 Q;\200J\0.3-0J26.01 ARM - Palermo COile RPUD RezoninQ\OOOJ Reloning\RPUO dr Water Manogement Plons\SubmittaJ\Revision #1\J0126XOJ.dw9 U\YTANC. CONSULTING -&. "" y y -'- .JL. Engineers, Surveyors & Mappers, Planners, Project Managers 3050 North Horseshoe Drive. Suite 270 Naples. Florida 34104 Phone: (239) 649-1509 FAX: (239) 649-7056 NOV.. 2004 CLIENT: ELIAS BROTHERS AT PALERMO COVE, PALERMO COVE CROSS SECTION SCALE, N.T.S. DRAWN BY: PW.B. CHECKED BY: D.H.N. COMMUNITIES INC. RPUD F-F TITLE: SEe, TW~, RI;E, PROJECT03 0 126 0 1 SHEET 3 34 4BS 26E NUMBER: - . NUMBER: OF 3 ~1~~8ER: 30126XO --~.. Agenda Item No. 8C June 28, 2005 Page 108of132 EXHIBIT "E" TO BE INCLUDED AT LATER DATE QfldiJ :JAOJ OWìJ3Wd r~~~: :::: [;1 .~ !! @@ II ii d -. f ë:¡ ~ avo~ 3.:110M AV3 rYH;': "''''''' 1II.I....:w:. _._1l1l:I "1."""'......'"IIIIII'It~~--;. ~1~~·5J.lMld Y7iI!)~ wdchl'l 'V SJ"""""S.....O&¡¡ .. U :)NI ()L()N ,~O o :'>I --CO <"""N Cel) 2c -;;;:J -0' c: el) (J) « I. -I II I. -II ¡ I I. -I ,I .~ §~ ~~ ~ ~~ ~ll >~ o~ Cc:)..tII!s.....I'I·,....r ... u~ \.... o~ '- ~~ ~ !'- I '- ~§ ~I i~ ~ ~~ ~ ~ ¡i ~ ~ £i ~ o;.w ;>.'......w ..J.)Jt~ -:JNJ '3A 0::> OW~3TV d 1. V S3JLINnWWOJ s!{3HLO~g SVf7:t"" ¡n ~,;>,oo H ':1011 'J.'Il..I. '.:r.!f ~J"" Ì1 .......:::-::.::..-,....A_~...J:.-:::---I I~=-_-:.-_ § il ~ ~ I ¡ !! rr=:i--J LlJ 0- j o ~ (CÐ . _.¡,. Iii' ~'·,t'.4-=k~ ~"" /O<;l'.'!"~-;:c. -,- KX;..,¡:.....,.",. n~ f í f ! f I I I I ü§l ".!J" nqp¡X:fI ~ll! i ,.....,~.~~' ¡ ~:......... -" i ~. Agenda Item No. 8C June 28, 2005 DRJ1:FT of 132 r DEVELOPER'S AGREEMENT ~ __1 .;'<. THIS DEVELOPER'S AGREEMENT ("Agreement") is entered into this day of ,20_, by and between ELIAS BROTHERS COMMUNITIES AT PALERMO COVE, INC., a Florida corporation (hereinafter referred to as "Elias") and WATERWAYS JOINT VENTURE IV, a a Florida general partnership, developer of Summit Place in Naples, (hereinafter referred to as "Waterways"). WIT N E SSE T H: WHEREAS, Elias is developing a residential project to be known as "Palermo Cove"; and WHEREAS, Waterways and Palermo Cove have common property boundaries as delineated in Exhibit "A" attached hereto; and WHEREAS, Elias and Waterways have determined that it is in their common best interests to enter into a Developer's Agreement for the purpose of funding and construction of a stormwater management berm along their common boundary line. NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration and the mutual covenants and obligations set forth below, the parties hereto agree as follows: 1. Purpose. The sole purpose of this Agreement is to provide a mechanism for the parties to construct a stormwater management berm along their common boundary line_ 2. Stormwater Manaaement Berm. A common stormwater management berm will be constructed in that area delineated on Exhibit "A" attached hereto and incorporated herein by reference. The berm will be located equally on both the Elias and Waterways properties and will have a ten-foot wide flat top that will serve as the location for any required landscape plantings, such that it meets the requirements of a "Type B" Buffer, as prescribed by the Collier County Land Development Code. The cost of the berm construction, landscaping and irrigation shall be individually borne by the parties hereto. A cross-section of the proposed berm has been attached hereto as Exhibit "B" and is incorporated herein by reference. 3. Responsibility For Construction. Elias shall have the responsibility to construct the berm and install the landscaping and irrigation referenced herein within their project boundary. likewise, shall have the responsibility to construct the berm and install the landscaping and irrigation referenced herein within their project boundary. 4. Term. This Agreement shall remain in full force and effect for a duration of ten (10) years from the effective date indicated above unless terminated earlier as provided herein. This termination date shall not affect the duration of any agreement referenced herein. . DRAFT November 24, 2004 RE-SUBMITrAL PUDZ-2004-AR_6258 PROJEcr #200404000] DA TE: 12/11114 MICHAEL DERVNTZ --.--- .' Agenda Item No. BC June 28,2005 Page 111 of 132 5. Notice. All notices and other items required to be given and delivered under the terms of this Agreement shall be given in writing, addressed to the parties as follows: If to Elias: Elias Brothers Communities, Inc. Attn: Roni Elias, President 15100 Collier Boulevard Naples, Florida 34119 If to Waterways: Waterways Joint Venture IV Attn: Richard Davenport, President 15122 Summit Place Circle Naples, Florida 34119 All notices required to be given under this Agreement shall be given in writing, either: (i) hand-delivered, (ii) sent by certified mail, return receipt requested, or (iii) federal express or similar overnight service, or (iv) sent via facsimile. All notices shall be addressed to the party being noticed and shall be deemed to have been given. (i) when delivered by hand-delivery; (ii) three (3) business days after depositing in a U.S. Post Office or official letter box, if sent by certified mail, (iii) one (1) business day after timely deposited in a federal express or similar overnight service depository, or (iv) upon confirmation of receipt by sender if sent via facsimile. 6. Amendment. Any amendments to this Agreement shall not bind any of the parties hereto unless such amendment is in writing and executed by all the parties, subject to the approval process. Any amendment to this agreement shall be binding upon the parties as soon as it has been executed by all of the parties. 7. Entire Aareement. This Agreement, together with any exhibits attached hereto, constitutes the entire agreement between the parties and no prior written documents, and no prior or contemporary oral statements, representations, promises, or understandings not embodied in this Agreement shall be of any force and/or effect. 8. Litiaation. In the event any party commences litigation to enforce such party's rights hereunder, the non-prevailing party in such litigation shall bear the reasonable attorneys' fees and costs incurred by the prevailing party in such litigation, including those incurred on appeal, if any be taken. 9. Headinas. Captions and paragraph headings contained in this Agreement are for convenience and reference only; in no way do they define, described, extend or limit the scope or intent of this Agreement or any provision hereof. 10. Gender. 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. 2 ~ Agenda Item No. BC June 28. 2005 Page 112 of 132 11. Waiver. 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. 12. Counterparts and Fax Copies. This Agreement may be executed in several counterparts, each of which shall be deemed to be an original, but all of which shall constitute one in the same agreement; provided however, that each of the counterparts shall have been executed by both the parties hereto. Facsimiles copies shall be acceptable. 13. Survival. All covenants, agreements, statements, representations, indemnifications and warranties made by each of the parties in this Agreement (including any annexed instruments and documents), or in any document or instrument delivered by each of the parties pursuant to the provisions of this Agreement, shall survive the termination of the Term of this Agreement, and the delivery of all consideration and documents pursuant to the terms of this Agreement, and shall not be deemed merged or extinguished by any other action, agreement, instrument or document. 14. Enforcement and GoverninQ Law. This Agreement shall be governed by, construed and enforced under the laws of the State of Florida. The parties hereby submit to the jurisdiction of, and waive any venue restrictions against, the U.S. Waterways Court for Florida and the Circuit and Municipal Courts of the State of Florida, Collier County in any litigation arising out of the Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be properly executed as of the day and year first above written. 3 --_._- t~ WITNESS: Witness Signature PrintedfTyped Witness Name Witness Signature PrintedfTyped Witness Name Witness Signature PrintedfTyped Witness Name Witness Signature PrintedfTyped Witness Name Agenda Item No. 8C June 28, 2005 Page1130f132 ELIAS BROTHERS COMMUNITIES AT PALERMO COVE, INC., a Florida corporation By: RONI ELIAS, President WATERWAYS JOINT VENTURE IV, a Florida general partnership By: RICHARD DAVENPORT, President 4 Agenda Item No. 8C June 28, 2005 Page 114 of 132 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of , 2004 by RONI ELIAS, as President of ELIAS BROTHERS COMMUNITIES AT PALERMO COVE, INC., a Florida corporation, on behalf of the corporation and who is personally known to me or who has produced as identification. My Commission Expires: Notary Public PrintJType Name of Notary Commission No. STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 2004 by RICHARD DAVENPORT, as President of W A TERW A YS JOINT VENTURE IV, a Florida general partnership on behalf of said partnership and who is personally known to me or who has produced as identification. My Commission Expires: Notary Public PrintlType Name of Notary Commission No. NOTE: The timing of construction of a stormwater management berm has not been delineated in this Agreement. Specific times frames should be established before the document is finalized. #1274232v1 5 . l d [[--~u Ur b~ ------'" (, =-- : ILUJ f 0 I ~ !a- t i t ¡ 1 ('Otq~~W~ i 171 III.,,...... ...... ~ ~il ! . ! ~ ~S~jr7ñti Gfld1:J 3AO,) OJllm3TV¿ ~~ o :'J -co EN (])(]) -c -;:;;::J -0' ~ (]) OJ « "v" 1'QJ1lX:!J: .+ . . I I -I' ,I t "I. I t "I ,I .~ §z ~j .... ~~ "- ~ >~ ~ O~ UU) O~ ~ ~.~ ..... ~ ~ ~§ ~ ~ ~Ii¡ ~ ~~. ~ ;; .. ~ .¡ ~ -- ¡:i ."''''1''''''''' _w ",. ....... --- ØØ)"'...... ....,. ~I !! ~1 n ~! i; ~ DNJli3.:i.:JD8 G3liO'HS ,."", -- 1-"$ ~.... ..- "J" , . I -- ...,.""""" nw ~ "JNI '3AO.J OWì/3ïO'd.LO' S3WNfJW.WO:J S<l3HJ.OHH S"'I'73 """" -~ >0%.- ,,~ "..."."" ....,. .f1.!~ ¡.... - -.. "" i Is'· H !I! i ~¡I § ~ !" ;' ¡:¡ . .. ÌI H Èi .. ¡¡¡¡ · .~ June 28, 2005 Page 116 of 132 CDlTtR\.JNr OF R\W) IIt1CHT or WAY UN£ N "'OO~1oI (PATIO HOIoI£S;\'ILlAS) 'S'A~~~A~L'f .5' WlNIMUM "(SIO(HTW.. !JUlU>HCi POSSIBl£ ACCESSO !IN STIOUcru.. ".....,'" T1JPOr~ ~ YEAR STAGE ZO' IMI\!. SET"""" VARI(S (50" - 80') VARIES WlNlWu.w FlNSHEo F'l00R f.l..fVATJJN ---------- 'L- Y CDNCRET't ÐCIS11NCI GItADf: ,... Df\o1A.TION FROM LDC SECTJOH ....as.~c.I,. SŒ SEC"nON 6.11.8. or THE RPUC OOCUU(JIIT SEC110N c-<; Exhibit "B" No\' aI, 2004 - 1J:IJ:J9 0:\2003\0.3-0126.01 ARIJ - Palermo CO". RPUO Rezoning\OOO.J Rezoning\RPUD de Water Management PJans\Submitta!\Revisíon #7\J0126X07.dwq DATL CLIENT: ELIAS BROTHERS COMMUNITIES UWTANC NOV., 2004 Engineers, SCALE, AT PALERMO COVE, INC. N.T.S. CONSULTING Surveyors & Mappers, DRAWN !JY: TITLE: PALERMO COVE RPUD .JL '" y .. ~ .... Planners, Project Mamgers pW.B. 3050 North Horseshae Drive, Suite 270 CHECKED BY: CROSS SECTION C-C Naples, Florida 341 04 D.H.N. Phone: (239) 649-1509 SEc: TWP: RG[; PROJECT03 0126 01 SHEET 1 OF 3 ~IC~8ER 30126XO FAX: (239) 649-705ti 34 48S 26E NUMBER: - . NUMBER: . ,. DEVELOPER'S AGREEMENT Agenda Item No. 8C DRÃFT~~~ . _ _ ...1. . . THIS DEVELOPER'S AGREEMENT ("Agreement") is entered into this day of ,20_, by and between ELIAS BROTHERS COMMUNITIES AT PALERMO COVE, INC., a Florida corporation (hereinafter referred to as "Elias") and GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT, an independent special fire control district of the State of Florida (hereinafter referred to as "District"). WIT N E SSE T H: WHEREAS, Elias is developing a residential project to be known as "Palermo Cove"; and WHEREAS, the District and Palermo Cove have common property boundary's ad delineated in Exhibit "A" attached hereto; and WHEREAS, Elias and the District have determined that it is in their common best interests to enter into a Developer's Agreement for the purpose of funding and construction of a stormwater management berm along their common boundary line. NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration and the mutual covenants and obligations set forth below, the parties hereto agree as follows: 1. Purpose. The sole purpose of this Agreement is to provide a mechanism for the parties to construct a stormwater management berm along their common bou ndary line. 2. Stormwater Manaaement Berm. A common stormwater management berm will be constructed in that area delineated on Exhibit "A" attached hereto and incorporated herein by reference. The berm willbe located equally on both the Elias and District properties and will have a ten-foot wide flat top that will serve as the location for any required landscape plantings, such that it meets the requirements of a ''Type B" Buffer, as prescribed by the Collier County Land Development Code. The cost of the berm construction, landscaping and irrigation shall be individually borne by the parties hereto. A cross-section of the proposed berm has been attached hereto as Exhibit "B and is incorporated herein by reference. 3. Responsibility For Construction. Elias shall have the responsibility to construct the berm and install the landscaping and irrigation referenced herein within their project boundary. Likewise, the District shall have the responsibility to construct the berm and install the landscaping and ìrrigation referenced herein within their project boundary. 4. Term. This Agreement shall remain in full force and effect for a duration of ten (10) years from the effective date indicated above unless terminated earlier as provided herein. This termination date shall not affect the duration of any agreement referenced herein.___________ -_ _ DRAFT November 24, 2004 RE-SUBMI1TAL PUDZ-2004-AR-62S8 PROJECT #2004040001 DATE: I2flf04 MICHAEL DERUNTZ .,.--- · . Agenda Item No, BC June 28, 2005 Page 118 of 132 5. Notice. All notices and other items required to be given and delivered under the terms of this Agreement shall be given in writing, addressed to the parties as follows: If to Elias: Elias Brothers Communities, Inc. Attn: Roni Elias, President 15100 Collier Boulevard Naples, Florida 34119 If to District: Golden Gate Fire Contro and Rescue District Attn: Chief Donald Peterson 4741 Golden Gate Parkway Naples, FL 34116-6901 All notices required to be given under this Agreement shall be given in writing, either: (i) hand-delivered, (ii) sent by certified mail, return receipt requested, or (iii) federal express or similar overnight service, or (iv) sent via facsimile. All notices shall be addressed to the party being noticed and shall be deemed to have been given (i) when delivered by hand-delivery; (ii) three (3) business days after depositing in a U.S. Post Office or official letter box, if sent by certified mail, (iii) one (1) business day after timely deposited in a federal express or similar overnight service depository, or (iv) upon confirmation of receipt by sender jf sent via facsimile. 6. Amendment. Any amendments to this Agreement shall not bind any of the parties hereto unless such amendment is in writing and executed by all the parties, subject to the approval process. Any amendment to this agreement shall be binding upon the parties as soon as it has been executed by all of the parties. 7. Entire Aqreement. This Agreement, together with any exhibits attached hereto, constitutes the entire agreement between the parties and no prior written documents, and no prior or contemporary oral statements, representations, promises, or understandings not embodied in this Agreement shall be of any force and/or effect. 8. LitiQation. In the event any party commences litigation to enforce such party's rights hereunder, the non-prevailing party in such litigation shall bear the reasonable attorneys' fees and costs incurred by the prevailing party in such litigation, including those incurred on appeal, if any be taken. 9. HeadinQs. Captions and paragraph headings contained in this Agreement are for convenience and reference only; in no way do they define, described, extend or limit the scope or intent of this Agreement or any provision hereof. 10. Gender. AIl 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. 2 '4, .- --- ---_.~_._- -----. . . Agenda Item No. 8C June 28, 2005 Page 119 of 132 11 . Waiver. 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. 12. Counterparts and Fax Copies. This Agreement may be executed in several counterparts, each of which shall be deemed to be an original, but all of which shall constitute one in the same agreement; provided however, that each of the counterparts shall have been executed by both the parties hereto. Facsimiles copies shall be acceptable. 13. Survival. All covenants, agreements, statements, representations, indemnifications and warranties made by each of the parties in this Agreement (including any annexed instruments and documents), or in any document or instrument delivered by each of the parties pursuant to the provisions of this Agreement, shall survive the termination of the Term of this Agreement, and the delivery of all consideration and documents pursuant to the terms of this Agreement, and shall not be deemed merged or extinguished by any other action, agreement, instrument or document. 14. Enforcement and GoveminQ Law. This Agreement shall be governed by, construed and enforced under the laws of the State of Florida. The parties hereby submit to the jurisdiction of, and waive any venue restrictions against, the U.S. District Court for Florida and the Circuit and Municipal Courts of the State of Florida, Collier County in any litigation arising out of the Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be properly executed as of the day and year first above written. 3 " . . WITNESS: Witness Signature PrintedlTyped Witness Name Witness Signature PrintedlTyped Witness Name Witness Signature PrintedlTyped Witness Name Witness Signature PrintedlTyped Witness Name Agenda Item No. 8C June 28, 2005 Page 120 of 132 ELIAS BROTHERS COMMUNITIES AT PALERMO COVE, INC., a Florida corporation By: RONI ELIAS, President GOLDEN GATE FIRE AND RESCUE DISTRICT ESTATES, an independent special fire control district of the State of Florida By: CHARLES MCMAHON, Chairman 4 ~ .. Agenda Item No. BC June 28, 2005 Page 121 of 132 - STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of , 2004 by RONI ELIAS, as President of ELIAS BROTHERS COMMUNITIES AT PALERMO COVE, INC" a Florida corporation, on behalf of the corporation and who is personally known to me or who has produced as identification. My Commission Expires: Notary Public PrintlType Name of Notary Commission No. STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of ,2004 by CHARLES MCMAHON, as Chairman of GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT, on behalf of said independent special fire control district of the State of Florida and who is personally known to me or who has produced as identification. My Commission Expires: Notary Public PrintlType Name of Notary Commission No. NOTE: The timing of construction of a stormwater management berm has not been delineated in this Agreement. Specific time frames should be established before the document is finalized. #1274187v1 5 -~-_......- --_.~-- ...__ _ '117'" - ~ =~ \... " ~ ..... ~ ~ ~~~j7jirß i éJNJ~3.linfJ a3~vHS _0 ""'-' I 0:> I -- o:I;:Y<on-J?¡:;. ~- andli 3AOJ OW'd3lVd --'" WJJ ¡ ~I n ¡ I -- 0 1 '" i ~I n ~ ¡¡ 1>- ~ I ~ J (q~tMJ~'1 =~ ~ i ,.,.~ . QII .. ì \.. . , ~ 5Z ~j Ç,L¡~ >~ O~ Ur/1 O~ ~ ~§ ~t:l.. ~~ ~ ~IH I~ i~ ~1 ~ 1>- j :~:u.r::: ::: '--":\' :JM 'JAW OJIV~:nVd.L V S3LLJÑf1JIVJVO:J QI3H.LOlIfl S'tfr7i"", ~"'IIIØ' . "S.JIV ""'" iF.!:' ~ ~~ ",. 'Þl.L 0.- "''''''''''' -""-< ;.oo¡;^~U"'l' " V" nQ!qx3 I. -I II t -II I. "' I' i ~f~ . ! II § ~ t .~ IC'J«(aI)SDnßI"C _..r ; I ) fü J , il_ --u I ~~ ~. ~: ~~~ i~! -~--------,. \-' þ. I '1 CONtROl.. n.£'f lOW WATE:" F'l fV i- " SMJ¡ ( POINT El..£.V. 2:1 Nov 07. 2004 - 11:27:41 WATER £DCr 0 ~ OOIJN June 28, 2005 Page 123 of 132 CliENT: ELIAS BROTHERS AT PALERMO PALERMO COVE CROSS SECTION ~ A\oÐO[HT 4-:1 *X. ~4. O£W,T\ON FROLt LDC SECT'IOH ".06.0~.C.11, SEE S£CT1ON 6.11.8. or TH( IIPVD OOCLlÆJrrlf 0:\2003\03-0126.01 ARM - Pa/~rmo Cove RPUD Rezoninq\0003 Rezon,ng\RPUD !i' Wate,. Morag/fmenr P'ons\Submiftol\,qevisioI"J j1\JD126X02.dWf) DATE:: NOV., 2004 3050 North Horseshoe Drive, Suite 210 Naples, Aorida 34104 Phone: (239) 649-1509 FAX: (239) 649·1056 -----~~-~----- ---.---....---- U W J:! me. Engjneers, CONSUL n:k! Surveyors & Mappers, ~... Y...L ..L Planners, Project Managers SCALE: N.TS. DRAWN BY: P.W.8. CHECKED BY: D.H.N. ,"' I.N<I: ""HTtHIoHCt 00i[W[NT IS' TufJ 'OilS SECTION IS INCWOED IN ~.wrw.~1tS~ UPON FINAL. R(W)WAY DESIGN SEC'T1ON I>-D Exhibit "B" COMMUNITIES COVE, INC. RPUD D-D TITLE: SEC: TWP: RCE: PROJECTQ 3 0 1 2 6 0 1 SHEET 2 34 48S 26E NUMBER: - . NUMBER: OF 3 ~IC~BER: 30126XO Agenda Item No. 8C June 28, 2005 Page 124 of 132 Item V.H ENVIRONMENTAL ADVISORY COUNCIL --~_-:::-:-c--:--._..........,_.. .~~ -:-:-..._ -----;--,....,,... _.:-= _':_....,-___ _._~.__._-- .---.- ._--.... _ "_'_ n___ 0.__ STAFF REPORT MEETING OF April 6. 2005 I. NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: PUDZ-2004-AR-6258 PALERMO COVE PUD Elias Brothers Communities at Palenno Cove, Inc. Dwight Nadeau, AlCP, RWA, INC. Passarella and Associates, Inc. Engineering Consultant: Environmental Consultant: II. LOCATION: The property is located on the north of Wolfe Road, and west of Collier Boulevard (CR 951) in Section 34, Township 48 South, Range 26 East, Collier County, Florida. Ill. DESCRIPTION OF SURROUNDING PROPERTIES: The property to the north is zoned Indigo Lakes PUD (fonnerIy Wyndam Park) developed as single-family residential (3.04 DU/A) , Summit Place in Naples developed as single-family and multiple-family residences (4 DU/A), and Golden Gate Fire Department (GGFD) Station 73 MPUD developed as commercial and . essential services. The property to the east is zoned Vanderbilt Country Club PUD developed as single-family and multiple-family residence (2.34 DU/A) and both developed and undeveloped Estates lots. The property to the south is zoned Wolfe Creek PUD undeveloped single-family residences, and Nagel-Craig Business Park PUD (Potential) proposed commercial center. The property to the west is zoned Islandwalk PUD developed as single-family and muItiple- family residence (3.04 DU/A) ZONING DESCRIPTION N- Indigo Lakes PUD. and Brittany Bay Apartments PUD Single and multiple-family residential development, EAC Meeting Agenda Item No. 8C June 28, 2005 Page 125 of 132 Page 2 of8 S - Wolfe Creek PUD and Private Roadway then partially - Nagel- Craig Business Park-POO---deveÍoped singÍe-famlIy residenilaï----·------- -. - (potential) and commercial development E - Summit Place In Naples RPUD, Golden Gate Fire Department (GGFD) Station 73 MPUD, and Vanderbilt County Club PUD Multiple-family residential commercial and essential service development and County Road 951 W - Islandwalk PUD Single and multiple-family residential development IV. PROJECT DESCRIPTION: The subject site consists of 131 acres, and has a zoning designation of Rural Agricultural (A) district. The subject property is located in the Urban (Mixed Use DistrictlUrban Residential Subdistrict) designation. The maximum density permissible in the Rural Agricultural District within the Urban (Urban - Mixed Use District,· Urban Residential Subdistrict) is four dwelling units per acre, based upon the Density Rating System of the Growth Management Plan (GMP). The subject site is presently undeveloped. The proposed density of Palenno Cove RPUD is a maximum 524 residential dwelling units. The subject property incorporates two tracts of lands that are located diagonally to each other and are connected at the corner of these two-tracts. An access easement has been provided to transition the internal roadway system within the property. The project master plan includes a mixture of residential, recreational and preserves land uses. The plan includes the improvement of East- West Wolfe Road, and the interface with the property to the north (Summit Place In Naples Subdivision, and Golden Gate Fire Control and Rescue District Station 73). A water management easement, to benefit Collier County for the Collier Boulevard six-Ianing project, is proposed to be located near the eastern end of the subject property. A shared perimeter land use buffer with the Golden Gate Fire Department (GGFD) Station 73 MPUD is proposed. v. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: 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, this subdistrict pennits residential development (a variety of unit types) at a base density of 4 dwelling units per acre, subject to the Density Rating System; and recreation and open space uses. This n. __~._.,__._ EAC Meeting Agenda Item No. 8C June 28, 2005 Page 126 of 132 Page 3 of8 project does not qualify for any density bonuses and is not subject to density _ .re~1!~ti~n:. ~c~r~in~!y, this s~t~~~ e1i~ble for ~ dw~lling unitspe~~?re~~ - -. -" -.-..------ ~ FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Comprehensive Planning leaves this detennination to Current Planning staff as part of their review of the petition in its totality. CONCLUSION Based upon the above analysis, staff concludes: 1. The proposed uses for the site may be deemed consistent with the FLUE. 2. The proposed density for this site (4.0 DU/ A) may be deemed consistent with the Future Land Use Element. Conservation & Coastal Mana~ement 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 sh"µl meet all applicable federal, state, or local water quality standards". To accomplish that, policy 2.2.2 states "In order to limit the specific and cwnulative impacts of stonnwater runofT, 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 fresh 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 storm events. The project as proposed is consistent with the Policies in Objective 6.1 and 6.2 of the Conservation & Coastal Management Element, for the following reasons: Twenty-five percent (25 %) of the existing native vegetation is required to be retained on-site and set aside as preserve areas with conservation easements prohibiting further development. This project is proposing to retain and preserve 26.2 % of the existing native vegetation on-site. Selection of preservation areas, are consistent with the criteria listed in Policy 6.1.1. Habitat management and exotic vegetation removallmaintenance plans are required at the time of Site Development Plan/Construction Plan submittal. Preserve areas shall be required to be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. EAC Meeting Agenda Item No. BC June 28,2005 Page 127 of 132 Page 4 of8 Littoral shelf planting areas within wet detention ponds shall be required at the -~-'~~=~~-~tiliîê of site Devefópment Pfa.ïilConstruëtíon Pla1Ú;ufnnÍttaf, äridwill be-required~~~-~___'h'_~ to meet the minimum planting area requirement in Policy 6.1.7. The requirement for an Environmental Impact Statement (EIS) pursuant to Policy 6.1.8 has been satisfied. Jurisdictional wetlands have been identified as required in PoliCies 6.2.1 and 6.2.2. Pursuant to Policy 6.2.4, the County shall require appropriate agency permits prior to the issuance of a final local development order permitting site improvements (Site Development Plan). AB stated in Policies 6.2.3 and 6.2.4, where permits issued by jurisdictional agencies allow for impacts to wetlands within the Urban Designated Area and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural functions of wetlands within this area. In accordance with Policy 6.2.6, required preservation areas are identified on the PUD master plan. Allowable uses within the preserve areas are included in the PUD document. Uses within preserve areas shall not include any activity detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife conservation and preservation. A wildlife survey for listed species in accordance with Policy 7.1.2 is included in the Environmental Impact Statement (EIS). Wildlife habitat management plans for listed Species are required at the time of Site Development Plan/Construction Plan submittal. VI. MAJOR ISSUES: Stormwater Mana2ement: Palermo Cove is within the four square mile area, known as the Harvey Drainage basin. The basin is bounded by Rte 951 on the East, Vanderbilt Beach Road on the south, 1-75 on the west, and Immokalee Road on the north. The entire Harvey Basin has an allowable discharge rate of 0.055 efs/acre. The South Florida Water Management District has taken a holistic approach to projects in this basin. The general flow in the basin is to the southwest, which puts most of the flow through the lslandwalk PUD lake system to the west of Palermo Cove, and discharge from this project is into a slough to the south which eventually flows into the Islandwalk lake system. The entire basin discharges into the D-2 Canal on the east side ofI-75. EAC Meeting Agenda Item No. BC June 28, 2005 Page 128 of 132 Page 5 of8 ______~-~--~~- The internal storm~!er_m~age~ent.~tem i<?!Y~lermo Cov~_consists _o~~~___________ . .... interconnectëdlakes, five dry' detention areas, and two wetlands thãrprovide water quality retention and peak flow attenuation. Environmental: Site Descriotion: The 131.23 acre site is surroÙllded by residential development and is heavily infested with invasive exotic vegetation. The site is comprised of pine and cypress wetlands, upland pine flatwoods, and melaleuca stands. All the vegetative communities on the site are impacted to varying degrees with invasive exotic vegetation. According to the Collier County Soils Map, the following soil types are found on the property: Holopaw fine sand, limestone substratum (Soil Map Unit 2); Basinger Fine Sand (Soil Map Unit 17); and Holopaw fine sand (Soil Map Unit 27). Nails marking biological indicators (i.e., lichen lines, adventitious rooting, etc.) of wetland seasonal water levels were set in the field and were surveyed by RW A, Inc. The development has been designed not to affect pre-development wetland hydroperiods. Control elevations for the storrnwater management system will be established based on the elevations of the biological indicators of wetland water levels. Wetlands: There are 106.44 acres ofSFWMD jurisdictional wetlands onsite. The SFWMD wetland lines were approved by the SFWMD during site visits on March 11,2004. The construction of the project will result in direct wetland impacts to 72.27 acres of the on-site wetlands. The wetland mitigation plan for the project preserves 35.01 acres (26.7 percent) of the property. The mitigation plan involves the enhancement and preservation of34.13 acres of wetlands and enhancement and preservation of 1.26 acre of upland preserves. Wetland and upland enhancement will include the removal of exotic and nuisance vegetation. EAC Meeting Agenda Item No. 8C June 28, 2005 Page 129 of 132 Page 6 of 8 Preservation Requirements: '. .-.."-.- ~ -~ ..."..... '~.' ... Oft1íêI3rãërê·sitë;ônIY 56.7Tà.cres support riiitivevegetatiórfãìid'àrë-U:sed ìnllïê-~ preservation calculation. The remainder of the site consists· of disturbed areas and exotic vegetation. ._----~--_.-..-.-_.~ --..--,- Policy 6.1.1 of the Conservation and Coastal Management Element of the Growth Management Plan requires that Twenty-five percent (25%) of the existing native vegetation be retained on-site and set aside as preserve, and to be protected by a permanent conservation easement to prohibit further development. The native vegetation requirement for this site is based on the 56.78 acres of pine t1atwoods and pine/cypress wetlands. A minimum of 14.2 acres of native vegetation is . required to be preserved on site. The project proposes to preserve 14.9 acres of native vegetation as well as an additional 20.1 acres of exotic infested areas to be enhanced· and satisfies this requirement. Listed Species: A listed species survey was conducted on the property on August 1,2003; November 18 and 20, 2003; December 17, 2003; and January 28, 2004 by Passarella and Associates, Inc. The listed species survey report is included as Exhibit J in the E18. No listed species were observed on the site. vn. RECOMMENDATIONS: Staff recommends approval of Palermo Cove PUD with the following stipulations: Stormwater Manal!ement: 1. Palermo Cove is required to obtain a SFWMD surface water management permit or equivalent prior to approval of any Site Development plan or Construction Plans and Plat. Environmental: No additional stipulations. -.----------- EAC Meeting Agenda Item No. BC ,June 23, 2005 Page 130 of 132 Page 70f8 ~ ~...~ . PREPARED BY:~-·~·~··=="'-=~··--- --~------.-~---=-~-~~-~-- ~---~-~---==---==-.-.--.--~~-~ _.~~---_._._----- ~ DATE ê. ~46 CRISTINA SANCHE ENVIRONMENTAL SPECIALIST 3113105 DATE MIKE DER Z PRINCIPAL P I i15 -.--...- - -.-.--- ...-..- EAC Meeting Agenda Item No. 8C June 28, 2005 Page131of132 Page 8 of8 REVIEWED BY: _ ......_._..~_...__. ~. .~.- .~---c--:-~,.....,....,.,..._~~.;.,---;:r.--.:..':'"~...,.,..--:-':'"'_""7:":~_,..'-:-~~.....",.;:_.-:""'.."..:-::;-;;,-::-,...7""~~..,~ .. --.-'---'-"';-'-'--~_--,:,"_,.-,~~--,-----,--"""""_'_-c-_---._'-' -.-.-----.-------..--... .... -.-. ----.- BARBARA S. BURGESON PRINCIPAL ENV1RONMENTAL SPECIALIST DATE WILLIAM D. LORENZ, Jr., P.E. DIRECTOR ENVIRONMENTAL SERVICES DEPARTMENT DATE SUSANMURRAY,AICP,DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT COMMUNITY DEVELOPMENT ADMINISTRATOR & DATE ENVIRONMENTAL SERVICES ÜUJN co C)(,'') 0..- ON"- Z -0 <0 EN~ ( )( )..- ~C( ) ro:::JOJ "D-'ro c: Q... Q) OJ « - _._--_.~ ~ ~r.::;Ijãg·:"-IiiIiI· i$;' .:'>.:Eil!..,. _ .ldl1...tIi.iò".".' -~ -n ...;II~ï!.'~' ., "0:' f li~jl~ ~ _ . , .' ''-i.._ -' ~III:' . . ! II .,:' t~ ~ " ... .. . ..'!II \~'\.- - ~ II II- ~~...' .~I¡l~. , ~. " . I ',.' " ~ ~,.'~. ~__ n' _" _ . .. .l1li. III _' . '.'1" I." II", ,. __i" ." '\ \1!1 ,... - I .. } 3 . .~. I. I fI'~./ '__'" '" . ~ _I' -I · !II Ii ~ " " : \ 1_'·" ~, ~, ,.'.1,'; 1:1".. _, .;. . · I· ,." ~i ' . ¡ ] G!I 1 .0 ::=;¡¡¡ - ~ .11., I II _1111.1 I. .·IIII:~~I.~!'.:"i:I!'I~ rr, _ . . IBi! ,,·~"H 1~ ~. ,'II";!. 'J -', ~~~I ~ .,;¡¡' '~ ~.~ - !!! "~~ ~'r. '." .r:..... II: ". ~. 'ii::Ú'¡:' .~ :'.! = !! .,'!'... .' ¡.;. <'I'. !!~II'!II'~'~ .. ¡,,;,,' ':~ · j ¡; Ii .' t" .'....ìt".' [) ~:-rfi¡'" .', . ~",',',:t:..".~.~...'>4.~., ... .' ~ti.~ ';f !! = I. . .,\', :~. __. ....' .¡:lIltllllll """ '. r ,\i = = ,'." "'. .,~<¥;;.: J,!PI' r. . . t .'I!I'r~ I .. \ !!!!! = ,~.,_ . ..,;,-~..~~1~" ~_.. ¡Iii, ·....".>..11.· " . p" III!III .... ' i~! \~ I; ~ ; ~~:~rf~:;;::r' ",'Jß" . r ='. £ ~:¡~f¡a!<':'!I'~'~~;' " '';:'' :¡'¡¡:¡:!I:",.;: j ~ ", 11 ~i ,.;·]£~'t:~L~"~"4" II .... "--;~r.;,' ~; /~~ · · I - Ii --''''-11: !:;I _ ,. _~.," "';'1.~" , '",--::::::::æi ., -if;::' ~;.' . ¡ _;:.II!!I..~.~.. ~- .1, .,. iill!!! .lllli:r II' .... . ..L:ID< .'~ .. ,~tj..' ; ;".:':f·· -- .~.t:!!'-.I. . ¡; IE IIÌ.:!,!!!!!... U... I!! =...~ .... ,.... "'"' '. .':¡;.év'·.!!I~'~ß'1 ),,' "",," .,:,.""" " ...... '·Jft~'~....I ,= '_'1 =....,.... WI-"'''' 4" .,'"11' ,ri.,h.,-.~.'I'~o ·...·1 .. -' ...~"'M ;;:,.¡ ;¡¡::iiI !!!!! I=!! I,,!! !!!'!! "!!!._... ...... ". .' ''''''', :! \-.!' ~., ~.:';!iJ:<.'t' ,>.:;"....,~~¡ ""alr:¡ I~I 1= ._ .~ "...,.' ' . k). ~~. Jlj¿1~ ~~ t I} . - .~ :, 1:- ~ . ';' · iIJ, ~'.æ~¡11 g ii; ~"; = ii' ,,-I '!!! :'Ill t' ~ L.!II ' .'.- ~;1 ';,'.,.;L'fi· ". /l... !!!! _ !!!! _ !!!! ... "!II ~" '. .:~:,~.~f"""I., ...' .. ",,,:' ..:....~,,¡,,~.:~..:,R!...... .. .,;" " . ""'~. !\~. Illn. -; '-'-- !! _ ;. .l1li . " ' ,',:"" ;\!4>~~ !!!II. ~,~{t.~ ..y,.-¡~.;.,., = P,t " . ~ ,_ =" '. ;..".,..... ...,.,""', .. I' , i. 1 ~¡¡;ji!1 'lIüílli!Iø'II""'" II· .. :i"" .. ¡ ~~. .........11....1 ...;31. II. ~n' . ;,., :;q~. :c~( .~- ~.. \.,' ' ~- ... ,...-.... ,"'.. . .. ,..,., '. '. " 7-......=. .. .. ,r;~-'j. .', ~ t' I:~':::~~:;: -' " .. ,i:" ...·U' ~~~.. ¡;:'.;;:I, :::OJ" fJjJ' 11-- ~ ;iji f;~' ~~,.. ~~ ~II" œ".~ ~~ -==-- .. itUJ~'! ~ ,s:.. !::: !!!!!! = = '~~ _ "'A.".,~-..........', .1 p,¡' at .' , ~:-; ¡;¡ ""' ~.;; · I¡S~~I ...~ ~ .. . III!!!! ,'!:; II!!!!:¡ !!!:.: ii :; ~ii:#-~"'~ I·'" E~.'-\"O .. 1¡'"'i~·'~~1 i'~ ¡.\ J¡~. le~ll~ ~.._. I"~ '\ ~. .' .'!·i\tm-n·I1~II·II··rJmIII-' ,.J.!:iJI!i· ª . ...i ~ . .... _.; l'. /Í~I i..,'''!.ììil'~ ~:~'::J I ·'>Br' / ~..' . ~ lhl...iI.' ..~,~ .,.""'." 'Jr'mal·;:m -0 .n¡II' . ...~ 1;"'" '. 'l\"''¡ ._,,~. -''1 :::;; . , -~.-~~. .~ ,<j,,!\ - - - ¡,,:, - . .. ; I ',,,-- .' . 'L:~t:' .~I:;;:'J ' ," ..-I f~_~ 4 "'\'" ,- t _._--~ Agenda Item No. 80 June 28, 2005 Page 1 of 36 - EXECUTIVE SUMMARY RZ-2003-AR-4961, Southern Development Company, Inc. represented by Jeff L. Davidson, P.E., of Davidson Engineering, Inc., requesting a rezoning from "A" Rural Agricultural and "C-2ST" Commercial Convenience with a Special Treatment overlay zoning districts to "C-3" Commercial Intermediate zoning district for property, known as Home Center Plaza, located East of the US 41 and SR 951 intersection, further described in Section 3, Township 51 South, Range 26 East, Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners (BCe) reconsider an application to rezone the subject properties totaling 6.07 acres from Rural Agricultural (A) and Commercial (C-2 ST) Commercial Convenience with a Special Treatment Overlay zoning district to a new Commercial (C-3) Commercial Intermediate zoning district for the purpose of unifying two properties into one zoning district and to make sure that the project is consistent with all the applicable codes and regulations in order to ensure that the community's interests are maintained. ,-- CONSIDERATIONS: On February 22,2005, the BCC held a public hearing to review this rezoning request. At the request of the applicant, the request was continued because the BCC was considering denying the request based on the Collier County Planning Commission's recommendation that the petition was not consistent with the Growth Management Plan. The petitioner requests a rezoning for 6.07 acres from the Rural Agricultural (A) and Commercial (C-2ST) Commercial Convenience with a Special Treatment Overlay zoning districts to the Commercial Intermediate (C-3) zoning district. The petitioner has proposed to utilize the subject property for retail, office, restaurant and other uses consistent with the C-3 zoning district. The subject property is located east of the US 41 and SR 951 intersection, in Section 3, Township 51 South, Range 26 East, Collier County, Florida. The petitioner owns and is developing the adjoining commercial 8.08 acres to the southeast. The Comprehensive Plan has included the subject property within Commercial OistrictlMixed Used/Activity Center Subdistrict #18. The existing zoning will not allow the full commercial development of the 6.07± acres, thus this rezoning petition has been submitted. Three two-story structures have been identified on a "Conceptual Site/Rezoning Map," but the owner would not be precluded from constructing additional structures in the future. Staff has noted for the record that the zoning on the property had been mislabeled on the Official Zoning Map. In reviewing Resolution 87-64, the original request was for a C- ~ Agenda Item No. 80 June 28, 2005 Page 2 of 36 2ST classification, but the Resolution approved the rezoning from "A" to "C-I ST." The Zoning Map will require a scrivener's error to correct the zoning designation if this rezone petition is denied. FISCAL IMP ACT: 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 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 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 permit include building permit review fees and utility fees associated with connecting to the 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 impact fees and taxes collected were not included in the criteria used by Staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT IMPACT: The subject property is located in Activity Center # 18 a Mixed Use Activity Center Subdistrict on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). This Subdistrict is designed to concentrate almost all of the new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. The mix of uses in Activity Center #18, as indicated in the Future Land Use Element (FLUE), ranges from 80 percent to 100 percent commercially zoned and/or developed property. For the purpose of this specially designated Activity Center, the entire Activity Center is eligible of 100 percent commercial uses. TRANSPORT A TION ISSUES: Transportation Services Planning staff evaluated this petition and determined that due to the Level of Service (LOS) analysis, contained in the Transportation Impact Study (TIS) prepared for this rezoning request, and the existing intersection and roadway deficiencies of Highway US-41 and SR-951, they recommended the denial of the rezoning request to the Collier County Planning Commission. Acknowledging that there is a desire to build a .-' Agenda Item No. 8D June 28, 2005 Page 3 of 36 wall with landscaping to meet the needs of neighboring properties, which the petitioner cannot do without the proper zoning in place. Transportation Staff will recommend approval of this petition with the following stipulations: I. Any subsequent development order, other than to build a wall and Type "A" buffer adjacent to Falling Waters Beach Resort, will not be approved until available excess capacity on the deficient segments and intersection of US-4 1 and SR-951 is in place. 2. A fair share payment above roadway impact fees will be required for any future capacity improvements to US-41 and SR-951 directly impacted by this development. ENVIRONMENTAL ISSUES: Environmental Review staff evaluated this petition and determined that there are no environmental issues that need to be addressed at the rezoning stage, because a preserve area has been identified per Section 6.1.1 of the Conservation and Coastal Management Element in the GMP. The petitioner had submitted a revised "Conceptual Site/Zoning Map" on which they are proposing to increase the "Preserve Area" from .91 acres to 1.51 acres to accommodate a "Preservation" requirement from the petitioner's property that is being developed on the property to the east. -. EAC RECOMMENDATION: The Environmental Advisory Council (EAC) heard this request at their January 5, 2005 meeting. The EAC moved to recommend approval of this application with the stipulation that they review this development prior to the approval of the SOP. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission reviewed this petition on January 20, 2005 and moved to deny this request on the basis that the request was not consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). The motion passed 8-1. The Planning Commissioners vote for denial did not agree with staff's proposed mitigation to withhold approval of the required site development plan until the level of service for the intersection of US 41 and Collier Boulevard meets the adopted GMP's concurrency standards. Because Planning Commissioners recommended denial, this petition could not be placed on the Summary Agenda. LEGAL CONSIDERATIONS: -- Staff completed a comprehensive evaluation of this land use petition and the criteria on which a detenTIination 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 LOC. These evaluations are completed as separate documents that have been incorporated into ."",...., ...,,_.. Agenda Item No. 8D June 28, 2005 Page 4 of 36 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 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 with the addition of the recommended stipulations. 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. RECOMMENDATION: Staff recommend that the Board of County Commissioners approve Petition RZ-2003- AR-4961 subject to the following conditions: I. Any subsequent development order, other than to build a wall and Type "A' buffer adjacent to Falling Waters Beach Resort, will not be approved until available excess capacity on the deficient segments and intersection of US-4 I and SR-951 is in place. A fair share payment above roadway impact fees will be required for any future capacity improvements to US-41 and SR-95 I directly impacted by this development. The Environmental Advisory Council shall review this development at the time of the Site Development Plan review. Access to the adjoining commercial properties shall be provided to facilitate cross access between the commercial properties to the east and west of the subject property . A sidewalk shall be provided along the frontage of the subject property on Tamiami Trail (U.S. 41) per LDC Section 5.05.08.C.4, and 10.02.03.B.I.i.xiii. 2. 3. 4. 5. PREPARED BY: Michael J. DeRuntz, C.F.M., Principal Planner Department of Zoning and Land Development Review Item Number Item Summary Meeting Date Approved By Donald L. Scott Trans.portion SeNices Agenda Item No 8D June 28, 2005 Page 5 of 36 COLLIER COmITY BOARD OF COUNTY COMMISSIONERS 3D This item was continued from the June 14, 2005 Bee Meeting. This Item requires that all partIcIpants be swar\1 in and ex parte dISclosure be provided by Commission members RZ-2003-AR.496"¡ Southern Development Company, Inc. represented by Jeff L Davidson P .E.. of Davidson Engineering, Inc.. requesting a rezoning from "A" Rural Agricultural and "C.ZST" Commercial Convenience with a Speç.is! Treatme!'lt overlay zoning districts to ·'C· 3" CQmmerciallnlermedlale zoning district for propert.y known 8S Home Center Plaza located East of11le US 41 Rnd SR 951 interseclion, fIJrther described in Section 3 Township 51 SDuth. Rançe 26 East CoiHerCounty, Florida. This property consists Df 607+ acres 6128/20059 DO.OO AM Tran~portation pronning Dirl!'ctor Dute Trartflipol1ation Planning 5;26120058:12 AM Approved By Executive Secretary Date Sandra Lea Common/tv Developmcnt & Environmental Se-rvic.C's Community DE'vp.1opmp.flt &. Environlnantnl S'f\rvjçe$ Admin. 5f2612005 8:40 AM Constance A. Johnson Operation~ Analyst Date Approved By Community Development & Environmental Services Community Development & EnV'ironmenta! Services Admin. Si27!2D()5 7:55 AM Ray Belh)w!ò Chi!!>f Piannp.r DatE! Approved By Community Developmll!=nt & Environmental Services.- ZoninG & L¡::mrl DU'Jel() 'Jmcnt Review 5'Z7/2005 9:28 AM Noml E. Feder, AICP TrsnsPQrtatìon Oivi.s.ìon Administrator Datf;> Approved By Transportion Services Transport.'ttion Services Admin. 5I31/2D05 4:28 PM Apprond By Date Joseph K. Schmil1 Community Development & Environmental Services Community De....eloþlYleflt & Envìronmenlal Services Adminstrator Community Developmel\t & Environmental Services Admin. 5i31/2005 5:06 PM SUJ~¡m Murt'<JV, AICf" Z<.>nin!J 8. Lund D~vr.I()pn1Cnt Din~ct;or Date Approved By Community Development & Environmental Services. ZonitlU If, Lanú D~vl?:loprn~lIt R~\liew ti.J1120(J5 8:25 AM Patrick G. White Assistant County Attorney Date Approved By County Attorney County Attorney Offi-ce 6/112005 &:04 PM Administrative Ani.tant Date Approved By OMS Coordinator C(IUfl1Y M¡II1<1~lnl'!. OfficH Oftìr.t~ 1)1 Man; gr.m(mt & B,ul!JI!1 612/2D05 8:0 S AM Mar '; Isackson Budget Analyst Date Approved By County Manager's Office OC11ce or Managernun1 & Burlgr.:t am2005 '1:54 AM Mallllqmnent & BudfJet Dirf'ctor Datl~ Approved By Mkhue Smvkowski C[)unty Manager's- Office Offic@ofManagement& Budget 617120053:15 PM Jame.$ V. Mudd County Mimager Data Approved By Board of County Co,nlnissioncr$ County Manager',> Office ;m200S 6:20 PM Agenda Item No. 80 June 28, 2005 Page 6 of 36 eoï1lr County - '-~ -- STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: JANUAR Y 20, 2005 SUBJECT: RZ-2003-AR-4961; HOME CENTER PLAZA OWNER/AGENT: Agent: Jeff L. Davidson, P.E. Davidson Engineering, Inc. 2154 Trade Center Way, Suite #3 Naples, FL 34109 Owner: Mario Curiale, Director Southern Development Company, Inc. 845 Bald Eagle Drive Marco Island, FL 34145 REOUESTED ACTION: The petitioner wishes to rezone 6.07 acres from the Rural Agricultural (A) and Commercial (C-2ST: Commercial Convenience with a Special Treatment Overlay) zoning districts to the Commercial Intermediate (C-3) zoning district. The petitioner has proposed to utilize the subject property for retail, office, restaurant and other uses consistent with the C-3 zoning district. GEOGRAPHIC LOCATION: The property is located near the northeast comer of the intersection of Tamiami Trail (U.S. Highway 41) and Collier Boulevard (CR 951), in Section 3, Township 51, Range 26, Collier County, Florida. (See Location Map, Exhibit 1). RZ-2003-AR-496I CCPC MEETING PAGE 1 OF 12 -".-----..-- -------------. --..- Agenda Item No. 8D June 28, 2005 196V-1JV-£OOZ~e 7 of 36 Z1 dO Z 3DVd DNI1.33W :::>d;):::> 1 ~IØIHX3 dVW NOI~ V::>O'I ...... I -. - I . 11. Ii ~~ rl ~I~ ... 0.. <I( :E w .... - en .. 0.. <I( :E z o - .... <I( (.) o .... ~.._._._._--- Agenda Item No. 80 June 28, 2005 Page 8 of 36 PURPOSE/DESCRIPTION OF PROJECT: The subject property consists of two undeveloped tracts of land (See Aerial Map, Exhibit 2). The western tract has an area of 2.02 acres and is zoned "A", and the eastern tract has an area of 4.04 acres and is zoned "C-2ST' (See Zoning Map, Exhibit 3). The applicant owns and is developing the adjoining commercial 8.08 acres to the southeast. The Comprehensive Plan has included the subject property within Commercial District! Mixed Used/Activity Center Subdistrict #18 (See Activity Center #18 Map, Exhibit 4). The existing zoning will not allow the full commercial development, thus this rezoning petition has been submitted. Three two-story structures have been identified on a "Conceptual Site/Rezoning Map", but the owner would not be precluded from constructing additional structures in the future (See Conceptual Site/Rezoning Map, Exhibit 5). Resolution Number 87-64 rezoned 4.04 acres of the subject property from "A" to the current C-2ST zoning district in 1987 (copy attached). That rezoning was sought to allow a 6,900-square-foot building to be constructed to the northwest of the existing 12,500-square-foot building on the adjoining property, which is being developed by the owner of the subject property. That 6,900 square foot structure was never constructed. In reviewing Resolution 87-64, the original request was for a C-2ST classification, but the Resolution approved the rezoning from "A" to "C-l ST." The Zoning Map has had a scrivener's error on this property since that approve rezoning request. This was reported and made of record at the Collier County Planning Commission meeting on January 20, 2005. SURROUNDING LAND USE AND ZONING: Subject Property: Undeveloped Property, zoned A & C-2ST North: Multi-family development, Falling Waters Beach Resort, zoned PUD East: Commercial buildings, zoned C-5 South: U.S. Highway 41 right-of-way, then undeveloped property zoned A West: Commercial buildings, zoned C-3ST GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: FUTURE LAND USE ELEMENT: The subject property is currently located in Activity Center #18 in the Mixed Use Activity Center Subdistrict on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). This Subdistrict is designed to concentrate almost all of the new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. The mix of uses in Activity Center # 18, as indicated in the Future Land Use Element (FLUE), ranges from 80 percent to 100 percent commercially zoned and/or developed property. For the purpose of this specially designated Activity Center, the entire Activity Center is eligible for up to 100 percent, RZ-2003-AR-496I CCPC MEETING PAGE 3 OF 12 Agenda Item No. 80 June 28. 2005 Page 9 of 36 or any combination thereof, of each of the following uses: commercial, residential and/or community facilities. AERIAL MAP EXHIBIT 2 RZ-2003-AR-4961 CCPC MEETING PAGE 4 OF 12 u ----.~ Agenda Item No. 80 June 28, 2005 Page 10 of 36 WNING MAP --~_.._-- -~-===~._- ACTIVITY CENTER #18 MAP RZ-2003-AR-496I cepe MEETING PUDw....... ---- EXHIBIT 3 lšª~~ f=!I'!==¡¡. --.-.. ...... EXHIBIT 4 PAGE 5 OF 12 I ~ I II 1"1 . I · I \ ~ I I \ I c: \ , I II> 1 I J ~\L - \ \ ~ N tl I CONCEPTUAL SITE PLAN RZ-2003-AR-496I CCPC MEETING PAGE 6 OF 12 L___ Agenda Item No. 80 June 28, 2005 Page 11 of 36 .~ I . ., I i I I . - I I II I : c; J Þ I l I a I I I . / EXHIBIT 5 Agenda Item No. 80 June 28. 2005 Page 12 of 36 Factors to consider during review of a rezone petition in an Activity Center: 1. Rezones within Mixed Use Activity Centers are encouraged to be in the form of a PUD. There shall be no minimum acreage limitation for such PUDs except that all requests for rezoning must meet the requirements for rezoning in the Land Development Code. The proposed rezone application is not in the fonn of a PUD. However, it does generate consistency with the surrounding non-PUD commercial properties. 2. The amoun~ type and location of existing zoned commercial land, and developed commercial uses, within the Mixed Use Activity Center and within two miles of the Mixed Use Activity Center. The area in and around Activity Center # 18 contains a variety of existing PUDs with commercial components including, but not limited to, Lely Resort PUD, Falling Waters Beach Resort POO and Henderson Creek PUD. The area also contains financial institutions, supennarkets, restaurants, and various other retail outlets that are consistent with C-2 thru C-5 commercial zoning districts. The location of Activity Center # 18 takes in the intersection of U.S. 41 (Tamiami Trail East) and C.R. 951 (Collier Boulevard) in Collier County. 3. Market demand and senice area for the proposed commercial land uses to be used as a guide to explore the feasibility of the requested land uses. There was no market study submitted to the County. However, the conceptual site/rezone proposal illustrates office, retail, and financial institutions that are compatible with C-3 zoning and surrounding commercial in and around Activity Center #18. Given the site's location on U.S. 41 and abutting commercial zoning on both sides, staff essentially views this commercial zoning requests as an acceptable proposal based upon the GMP and does not think a market study is necessary. 4. Existing patterns of land use within the Mixed Use Activity Center and within two radial miles. There is a variety of existing land uses within Mixed Use Activity Center # 18 and within two radial miles including commercial (retail, restaurants, etc.), agricultural, residential single- family, residential multi-family and mixed use PUDs. The Activity Center itself is developed with all commercial uses. RZ-2003-AR-4961 CCPC MEETING PAGE 7 OF 12 Agenda Item No. 80 June 28, 2005 Page 13 of 36 5. Adequacy of infrastructure capacity (particularly roads). The project fronts U.S. 41 (Tamiami Trail East). The Transportation Division will conduct a detailed traffic analysis. There are no other concurrency issues with any Category A public facilities. 6. Compatibility of the proposed development with, and adequacy of buffering for, adjoining properties. Adjoining properties include Falling Waters Beach Resort PUD, C-3, C-4, C-5 and A zoning. The adjoining properties, other than the Falling Waters Beach Resort PUD, are being developed commercially, with the exception of the properties on the south side of Tamiami Trail (U.S. Highway 41), which are undeveloped. Comprehensive Planning staff defers the compatibility determination (also required by FLUE Policy 5.4) to the Department of Zoning and Land Development Review staff as part of their review ofthis petition in its entirety. 7. Natural or man-made constraints. According to the 2001 Aerial and Map Atlas for Collier County and the Collier County Property Appraiser's GIS Maps, there appear to be no natural constraints affecting the subject site. A man-made constraint, a swale abutting U.S. 41, does affect access to the site, but not its ability to be developed. 8. Rezoning criteria identified in the Land Development Code. The Zoning and Land Development Review staff determines compliance with the rezoning criteria requirements of the Land Development Code. 9. Conformance with Access Management Plans for Mixed Use Activity Centers contained in the Land Development Code. The access points, as illustrated on the submitted Home Center Plaza -Conceptual Site/Rezone Plan, appear consistent with similar commercial properties in the area. The LDC contains no specific language regarding access management as it relates to this application and Mixed Use Activity Centers. The LDC contains language that is more general. Actual Access Management maps have been deleted from the LDC. Transportation staff will review this petition for compliance with the Access Management Policy Resolution. 10. Coordinated traffic flow on-site and off-site, as may be demonstrated by a Traffic Impact Analysis, and a site planlmaster plan indicating on-site traffic movements, access point locations and type, median opening locations and type on the abutting roadway(s), location of traffic signals on the abutting roadway(s), and internal and external vehicular and pedestrian interconnections. A Traffic Impact Study was submitted with this rezone petition. The coordinated traffic flow, access point locations, and proposed median openings to and from the subject property and RZ-2003-AR-4961 CCPC MEETING PAGE 8 OF 12 - --------~- .---- Agenda Item No. 80 June 28. 2005 Page 14 of 36 U.S. 41 (Tamiami Trail East) are demonstrated on Home Center Plaza - Conceptual Site/Rezone Plan. There are no traffic signals located on the abutting roadway (U.S. 41). The nearest traffic signals are situated at the intersection of U.S. 41 and C.R. 951. The proposed landscape buffers and sanitary sewer mains are also shown on the Conceptual Site/Rezone Plan. A detailed traffic review is perfonned by Transportation staff and, since this is a State road, by the Florida Department of Transportation. 11. Interconnection(s) for pedestrians, bicycles and motor vehicles with the existing and future adjacent projects. According to the Conceptual SitelRezone Plan, a proposed interconnection for pedestrian, bicycles or motor vehicles with the adjacent property has been identified through the parking lot to the west, as well as to the property to the east (which is under the same ownership). Presently, the adjacent properties are under construction and are providing for future interconnections. 12. Conformance with the architectural design standards as identified in the Land Development Code. The rezone application contains only a Conceptual Site/Rezone Plan and does not specify architectural designs for the property. All building designs must adhere to the LDC requirements and shall be reviewed once a Site Development Plan is submitted to the County. CONCLUSION: Based upon the above analysis and review, the Comprehensive Planning staff concludes that the proposed rezone trom A/C-2 ST zoning district to C-3 zoning district may be deemed consistent with the Future Land Use Element of the Growth Management Plan. Transportation Element: Transportation Planning staff evaluated this petition, and has recommended denial of the rezoning. This recommendation is based on the Level of Service analysis contained in the TIS. The project impact on Collier Boulevard (C.R. 951) south of US 41 is 4.4 percent. This segment of Collier Boulevard is currently operating at over capacity and there are no scheduled improvements planned in the County's five-year work program. Policy 5.1 of the Growth Management Plan states the following: "The County Commission will review all rezone requests with consideration of their impact on the overall system, and shall not approve any such request that significantly impacts a roadway segment already operating and/or projected to operate at an unacceptable Level of Service within the five year planning period, unless specific mitigating stipulations are approved." While improvements have been completed within the past year to the Highway 41 and CR 951 intersection, the Level Of Service for north bound traffic on CR 951 remains at a LOS "D". A possible means of mitigation is the approval of a condition that "Any future Site Development Plan for the subject property shall not be approved until the Level of Service for the intersection of Activity Center #18 (Tamiami Trail- U.S. 41 and Collier Boulevard - c.R. 951) meets concurrency standards." RZ-2003-AR-4961 CCPC MEETrNG PAGE 9 OF 12 -"._- --~_. -~~-- Agenda Item No. 8D June 28, 2005 Page 15 of 36 ANALYSIS: Appropriate evaluation of petitions for rezoning establishes the factual basis for supportive action by appointed and elected decision-makers. The evaluation by professional staff includes an analysis of the project's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the GMP. Other evaluation considerations include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based (LDC Section 2.7.3.2.5). This evaluation forms the basis of the recommendation (of approval or denial) by the Planning Commission, which is forwarded to the Board of County Commissioners (BCC). The BCC considers the relevant information and renders a final decision regarding the request. Each of the potential impacts or considerations identified during the staff review is listed below. Each of the criteria is summarized culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as a separate document that is attached to the Staff Report. In addition, staff offers the following SynOpSIS. Relationship to Future Land Uses - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element of GMP. Because the property is designated as Activity Center #18, Urban Commercial on the Future Land Use Map, this district permits commercial uses as proposed, at the density proposed. Staff believes that the petitioner's requested uses and density are compatible with Activity Center # 18, thus this petition is consistent with the GMP. Relationship to Existine: Land Uses - The subject site is bordered by platted lots of similar size along Tamiami Trail (to the northwest and southeast), a South Florida Water Management District drainage ditch (to the south), and the residentially developed PUD to the north. Although the petitioner may utilize the C-2ST zoning district's development requirements on the 4.04 acre eastern tract, the petitioner desires to develop the entire 6.07 acres to the full extent that the C-3 Commercial zoning designation permits. The C-3 zoning regulations would make the development fundamentally compatible with the adjoining commercial land uses. The petitioner has agreed to provide access to the adjoining commercial properties, which would facilitate cross access through the adjoining commercial properties, and potentially reduce the number of trips generated by the subject property and the adjoining commercial properties. The commercial development would be required to meet the buffering requirements for commercial properties abutting residential properties. Therefore, staff believes the uses allowed in the petition would not adversely impact the existing land uses in the area. Furthermore, staff believes that the development regulations, landscaping, and the screening and buffering requirements of the C-3 District are consistent with other commercial properties in the area. Environmental: Environmental Review staff evaluated this petition and determined that there are no environmental issues that need to be addressed at the rezoning stage, because a preserve area has been identified per Section 6.1.1 of the Conservation and Coastal Management Element in the GMP. The Environmental Advisory Council (EAC) heard this request at their January 5, 2005 meeting. The RZ-2003-AR-4961 CCPC MEETING PAGE 10 OF 12 Agenda Item No. 80 June 28. 2005 Page 16 of 36 EAC moved to recommend approval of this application with the stipulation that they review this development prior to the approval of the SDP. TranspOrtation: LDC Section 5.05.08.C.4 and 10.02.03.B.I.i.xiii requires that pedestrian walkways shall be provided from building entry( s) to surrounding streets, external sidewalks, outparcels and parking areas. Pedestrian ways shall be designed to provide access between parking areas and the building entrance( s) in a coordinated and safe manner through the incorporation of walkways, sidewalks and crosswalks, and along public right-of-ways. Utility Infrastructure - The petitioner has indicated that he will connect to the County utility system to provide water and sewer service to this project. All development must comply with surface water management requirements of the LDC. This issue is addressed during plan review. NEIGHBORHOOD INFORMATION MEETING: The applicant held the required meeting on September 2, 2004 at the East Naples Library at 5:30 P.M. Approximately ten individuals from Falling Waters Beach Resort, along with the petitioner/agents and county staff attended. Kelly Smith of Davidson Engineering and Mario Curiale, of Southern Development Corp. presented the requested rezone and proposed project information. In response to questions, the agents addressed the following: 1. How high will the proposed building(s) be? Maximum fifty feet 2. Where will access be located? From U.S. 41 with an interconnect through Eckerd's Drugstore Other comments: Funds for anticipated sidewalks are being held in escrow until the widening ofD.S. 41 is complete and an eight-foot wall is planned for the north end of the site. There were no objections stated to the proposed rezone and development of this property. STAFF RECOMMENDATION: The proposed rezone is consistent with the applicable provisions of the GMP, with the exception of Section 5.1. Therefore, Zoning & Land Development Review staff recommends that the Collier County Planning Commission forward Petition RZ-2003-AR-4961 to the Board of County Commissioners with a recommendation of approval, subject to the following conditions: 1. Any future Site Development Plan for the subject property shall not be approved until the Level of Service for the intersection of Activity Center #18 (Tamiami Trail - U.S. 41 and Collier Boulevard - C.R. 951) meets concurrency standards. 2. The Environmental Advisory Council shall review this development prior to the approval of the Site Development Plan. 3. Access to the adjoining commercial properties shall be provided to facilitate cross access between the commercial properties to the east and west of the subject property. 4. A sidewalk shall be provided along the frontage of the subject property on Tamiami Trail (U.S. 41) per LDC Section 5.05.08.C.4, and 1O.02.03.B.1.i.xiii. RZ-2003-AR-496I CCPC MEETING PAGE It OF 12 -------..- Agenda Item No. 80 June 28, 2005 Page 17 of 36 PREPARED BY: ~¿~ . REVIEWED BY: ~~ RAY BE OWS, MANAGER ZONING & LAND DEVELOPMENT REVIEW DEPARTMENT I / If/OS f DÁTE SU~AI~ ZONING & LAND DEVELOPMENT REVIEW DEPARTMENT 1/s-/oS- , DATE APPROVED BY: Tentatively scheduled for the February 22, 2005 Board of County Commissioners Meeting. COLLIER COUNTY PLANNING COMMISSION: RUSSEL A. BUDD, CHAIRMAN Attachments: Resolution No. Copy of Resolution No. 87-4C Rezoning Findings RZ-2003-AR.-496 [ CCPC MEETING PAGE l2 OF 12 - ---.---.-.---- .----~---~ Agenda Item No. 80 June 28, 2005 Page 18 of 36 REZONE FINDINGS PETITION RZ-2003-AR-4961 Section 2.7.2.5. (10.02.08) 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 rezone is consistent with the goals, objectives, and policies of the Future Land Use Element and the other applicable elements of the Growth Management Plan. 2. The existing land use pattern; The parcel is adjacent to commercial uses and meets the criteria established by the Commercial Mixed Use Activity Center #18 Subdistrict. 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 unrelated to adjacent and nearby districts; The parcel is adjacent to commercial uses. Analysis of the surrounding uses indicates that the rezoning 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. The current district boundaries are logically drawn, since they are consistent with the Growth Management Plan. 1 Agenda Item No. 80 June 28, 2005 Page 19 of 36 S. Whether changed or changing conditions make the passage of the proposed amendment neeessary. The petitioner states that there is a need for commercial zoned properties in this area to serve the business and service needs of the growing residential population. Staff has detennined that this request is consistent with the goals of the Activity Center # 18 of the GMP. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; The parcel is adjacent to existing residential uses (Falling Waters Beach Resort PUD). The Conceptual Site Plan has identified a fifteen-foot Type "B", with an eight-foot high masonry wall located along the north property line. This buffer would be placed adjacent to the adjoining residential development, and would meet the minimum buffering requirements ofLDC Section 2.4.7. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, beeause of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Collier Boulevard south of Tamiami Trail currently has a Level of Service of "F". the subject property is located within the Activity Center #18, which was created in the GMP to locate commercial activities, because these locations could manage the traffic generated by these activities. Redevelopment of the site is not proposed at this time. However, when redevelopment does occur, the Site Development Plan will be required to meet the applicable provisions of the Land Development Code, including access management, and concurrency. A condition of approval has been included to limit any construction on the subject property until the Level of Service of this intersection is brought into a level "C". 8. Whether the proposed change will create a drainage problem; Redevelopment of the site is not proposed at this time, however, when redevelopment does occur, the site will be required to meet applicable stonnwater retention criteria. 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 of the zoning district in which they are located. These development standards are designed, at a 2 _._-~ Agenda Item No. 80 June 28. 2005 Page 20 of 36 minimum to maintain light and air circulation. However, redevelopment of the site is not proposed at this time. 10. Whether the proposed change will adversely affect property values in the adjacent area; An appraisal of estimated future property values resulting from a rezone was not required to be submitted. However, this site is adjacent to residential and other commercial uses and an adverse effect on property values is not anticipated. 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 reguJations will not be affected by this rezone. 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 rezone 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 Dsed in accordance with existing zoning; The property today could be used for agricultural and commercial uses. However, the subject property in located within the Activity Center #18 on the Future Land Use Map, and the proposed rezoning would provide for the full development potential proposed by the Growth Management Plan. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Since the proposed rezone 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 fmd other adequate sites in the County for the proposed use in districts already permitting such use. This rezone request is not to create additional C-3 zoning in order to add new uses, but to bring the subject property into compliance with the goals of Activity Center #18. 3 Agenda Item No. 80 June 28, 2005 Page 21 of 36 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. Redevelopment of the site is not proposed at this time. Future development might involve clearing of the existing vegetation and construction of a building or buildings, which meet C-3 development standards. 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 defmed and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. The rezoning of this property will result in the creation of a commercial development. The Site Development Plan or Plat will be reviewed for compliance with the Levels of Service required for public facilities in the area. "-"- 4 -----------.-._---_..----------. · . Agenda Item No. 80 June 28, 2005 Page 22 of 36 APPLICATION FOR PUBLIC HEARING FOR: STANDARD REZONE _._----- RE-SUBMITT AL D P" R . cd RZ-2003-AR-4961 ate etitlOn ecelV : _ PROJET #2002070048 DATE: 6/11/04 MIKE DERUNTZ Petition No.: Commission District: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF 1 . General Information: Name of Applicant(s) Southern Development Company. Inc. Applicant's Mailing Address 845 Bald Ealrle Drive City Marco Island State FL Zip 34145 Applicant's E-Mail Address: Applicant's Telephone # 239-642-8043 Fax # 239-642-5602 Name of Agent JeffL. Davidson. P.E. Firm Davidson Engineering. Inc. Agent's Mailing Address 2154 Trade Center Wav. Suite #3 City Naples State FL Zip 34109 Agent's Telephone # 239-597-3916 Fax # 239-597-5195 Agent's E-Mail Address:jeff@davidsonengineerin~.com COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-24001FAX (941) 643-6968 *Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 4114103 · -. Agenda Item No. 80 June 28, 2005 Page 23 of 36 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 ifnecessary). Name and Address N/A Percentage of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Southern Development Co.. Inc. Mario Curiale. Director 845 Bald Eagle Drive Marco Island. FL 34145 J Percentage of Stock 100% APPLICATION FOR PUBLIC BEARING FOR STANDARD REZONE - 4/14103 ~..- · . Agenda Item No. 80 June 28, 2005 c. If the property is in the name of a TRUSTEE, list the beneficiaries of thé'iUØSf-wiUilthe 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 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 N/A Percentage of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a co1poration, partnership, or trust. Name and Address N/A g. Date subject property, acquired Œ] Jan. 2000, leased D Term oflease yrs.lmos. If, Petitioner has option to buy, indicate date of option: tenninates: . or anticipated closing date and date option APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 4I14JU3 Agenda Item No. 8D June 28, 2005 h. Should any changes of ownership or changes in contracts for purchase occur ~~êliØtb 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 behal~ to submit a supplemental disclosurè of interest fonn. 3. Detailed le2al descriotion of the orooertv covered bv the aoolication: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the COITect legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 3 Township: 51 Range: 26 Lot: N/A Block: N/A Subdivision: N/A Plat Book N/A Page #: N/A Property I.D.#: 00725960001 & 00726040001 Metes & Bounds Description: See attached survey 4. Size of orouertv: 661 ft. X 400 ft. = Total Sq. Ft _ Acres 6.07 Address/sz:enerallocation of subject Drooertv: 951 Tamiami Trail East. East of CR 5. 6. Adjacent zonin2 and land use: Zoning Land use N PUD Apartments S AG Vacant E C-5 Commercial Development W C-3ST Commercial Development APPLICATION FOR PUBLIC HEAIUNG FOR STANDARD REZONE - 4/14103 Agenda Item No. 80 June 28, 2005 Page 26 of 36 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). N/A Section: Township: Range: Lot: Block: Subdivision: Plat Book Page #: PropertyI.D.#: Metes & BoWlds Description: 7 . Rezone Reauest: This application is requesting a rezone from the AlC-2ST ~ district (s) to the C-3 zoning district(s). Present Use of the Property: Pit. Proposed Use (or range of uses) of the property: uses consistent with the C-3 zoning district Retail/OfficelRestaurant and other 8. Evaluation Criteria: Pursuant to Section 2.7.2.5. of the Collier COWlty Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. Standard Rezone Considerations (WC Section 2.7.2.5,) 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. 2. The existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. 5. Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 4/14103 ,¿l'lU KE-::)UtlM1l1 A.L" RZ-2003-AR-4961 PROJECT #2002070048 DATE: 10/4/04 MIKE DERUNTZ _._._-~ """TT""IIo. __ _TTT"OI." ....,..~..... Agenda Item No. 80 June 28, 2005 Page 27 of 36 7. Whether the proposed change will create or excessively increase trafflc 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. 8. Whether the proposed change will create a drainage problem. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. 10. Whether the proposed change will seriously affect property values in the adjacent area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 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. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County growth management plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106. art. II}, as amended. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. 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 sublect 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 APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 4/14103 11. Agenda Item No. 8D June 28, 2005 Additional Submittal reauirements: In addition to this completed applicationF~ fbtlmtihg 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 fifteen (15) copies of a 24" x 36" conceptual site plan (16 copies if for affordable housing) [and one reduced 8W' x 11" copy of site plan], drawn to a maximum scale of I 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 hnpact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC) , or a request for waiver if appropriate. e. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). f. Statement of utility provisions (with all required attachments and sketches); g. A Traffic hnpact 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. Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove their public hearing advertising sign (5) after final action is taken by the Board of County Commissioners. Based on the Board's final acôon on this item, please remove all public hearing advertising sign (s) immediately APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 4/14103 (i) Agenda Item No. 8D June 28, 2005 Page 29 of 36 STATEMENT OF UTILITY PROVISIONS FOR STANDARD REZONE REOUEST 1. NAME OF APPLICANT: Southern Development Co.. Inc. 2. MAILING ADDRESS: 845 Bald Eagle Drive CITY Marco Island STATE FL ZIP 34145 3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): No current street address 4. LEGAL DESCRIPTION: See attached survey Section: 03 Township: 51 Range: 26· Subdivision: N/A Lot: N/A Block: N/A Plat Book Nt A Page #: NI A Property 1.0.#: 00725960001 & 00726040001 Metes & Bounds Description: see attached survey 5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM !XI b. CITY UTILITY SYSTEM 0 c. FRANCHISED UTILITY SYSTEM 0 PROVIDE NAME d. PACKAGE TREATMENT PLANT 0 (GPD capacity) e. SEPTIC SYSTEM 0 . 6. TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCmSED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) !XI o o o 7. TOTAL POPULATION TO BE SERVED: 24 ERC's APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 4/14103 ,. -'-'--""~ Agenda Item No. 80 June 28, 2005 Page 30 of 36 8. PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK 20 GPD AVERAGE DAILY 7.200 GPD B. SEWER-PEAK 16 GPD AVERAGE DAILY 5.760 GPD 9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: Jan. 2005 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 UTll.,ITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 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 Provilion Statement RJM 10/17/97 APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 4/14103 Agenda Item No. 80 June 28, 2005 Page 31 of 36 -tWDRESSING CHECKLIST lease complete the following IDd submit to the Addressing Section for Revíew. Not all items will aDDly to eyerv Droiect. Items in bold tn»e .Jl'e reauired. 1. Legal description of subject property or properties (copy of lengthy description may be attached) See Attached. Section 3. Township 51. Range 26 2. FOnD (property ID) number(s) of above (attach to, or associate with, legal description if more than one) 00726040001 & 00725960001 3. Street address or addresses (as applicable, if already assîgned) 4. Location map, showing exact location of project/site in relation to nearest public road right-of-way (attach) 5. Copy of survey (NEEDED ONLY FOR UNPLATIED PROPERTIES) 6. Proposed project name (if applicable) Marco Buildin2 Suooly Rezone 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) [] SDP (Site Development Plan) DSDP A (SDP Amendment) o SDPI (SDP Insubstantial Change) [J SIP (Site Improvement Plan) [J sIP A (SIP Amendment) [J SNR (Street Name Change) [J VegetationlExotic (Veg. Removal Permits) !XI Land Use Petition (Variance, Conditional Use, Boat Dock Ext., Rezone. PUD rezone, etc.) [J Other - Describe: Project or development names proposed for, or already appearing in, condominium documents (if applicable; indicate whether proposed or existing) 10. Please Check One: r.&J Checklist is to be Faxed Back o Personally Picked Up 11. Applicant Name Tocia Weeks. Davidson Engineering:. Inc. Phone 239-597-3916 Fax 239-597-5195 12. Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Addressing Section. FOR STAFF USE ONLY Primary Number Address Number Address Number Address Number [J PPL (Plans & Plat Review) o PSP (preliminary Subdivision Plat) o FP (Final Plat) o LLA (Lot Line Adjustment) [J BL (Blasting Pennit) o ROW (Right-of-Way Permit) [J EXP (Excavation Permit) [J VRSFP (Veg. Removal & Site Fill Pennit) Approved by Date APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 4Il<tlO3 Agenda Item No. 80 June 28, 2005 Page 32 of 36 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 detennined at the pre-application meeting. Please note the following with regard to TIS submittals: MINOR TIS: Generally required for rezone requests for property less than 10 acres in size, although based on the intensity or unique character of a petition, a major TIS may be reqUired for petition of ten acres or less. MAJOR TIS: Required for all other rezone requests. A minor TIS shall include the following: 1. Trip Generation: Annual Average Daily Traffic (at build-out) Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (PSDT) 2. Trip Assignment: Within Radius of Development Influence (RDI) 3. Existing Traffic: Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) 4. Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of service (LOS). 5. Any proposed improvements (to the site or the external right-of-way) such as providing or eliminating an ingress/egress point, or providing turn or dece1lanes 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 shaD also include an analysis of the following: 1. Intersection Analysis 2. Background Traffic 3. Future Traffic 4. Through Traffic 5. PlannedlProposed Roadway Improvement 6. Proposed Schedule (phasing) of Development APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 4/14/03 Agenda Item No. 80 June 28, 2005 Page 33 of 36 TRAFFIC IMPACT STATEMENT (TIS) STANDARDS: The following standards shall be used in preparing a TIS for submittal in conjunction with a conditional use or rezone petition: 1. Trip Generation: Provide the total traffic generated by the project for each link within the project's Radius of Development Influence (RDI) in conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation by the petitioner or the County justifies the use of alternative rates. 2. Trip Assi2l1ment: Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The assignment shall be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. 3. E:x:istin2 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 CLOS): The LOS of a roadway shall be expressed in tenns of the applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of the GMP. 5. Radius of Development Inßuence lRDD: 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 DR! Other (commercial, industrial, institutional, etc.) 0- 49,999 Sq. Ft. 2 Miles 50,000 - 99,999 Sq. Ft. 3 Miles 100,000 - 199,999 Sq. Ft. 4 Miles 200,000 - 399, 999 Sq. Ft. 5 Miles 400,000 & up 5 Miles In describing the RDI the TIS shall provide the measurement in road miles from the proposed project rather than a geometric radius. 6. Intersection Analvsis: An intersection analysis is required for all intersections within the RDI where the sum of the peak-hour critical lane volume is projected to exceed 1 ,200 Vehicles Per Hour (VPH). APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 4/14103 , . 7. Agenda Item No. 80 June 28, 2005 Baclæround Traffic: The effects of previously approved but undevelopeda~ 3þlU1tiøJly developed projects which may affect major thoroughfares within the RDI of the proposed project shall be provided. This infonnation shall be depicted on a map or, alternatively, in a listing of those projects and their respective characteristics. 8. Future Traffic: An estimate of the effects of traditional increases in traffic resulting ITom potential development shall be provided. Potential development is that which may be developed maximally under the effective Future Land Use Element (FLUE) and the Collier CoUnty Land Development Code. This estimate shall be for the projected development areas within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. 9. 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 Phasine:: When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts oía 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 PUBLIC HEARING FOR STANDARD REZONE - 4114103 ORDINANCE NO. 05 - Agenda Item No. 8D June 28, 2005 Page 35 of 36 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE NUMBER 04- 41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE OFFICIAL ZONING ATLAS MAP BY CHANGING THE ZONING CLASSIFICATION OF THE SUBJECT PROPERTY LOCATED ON THE NORTH SIDE OF U.S. 41 JUST EAST OF COLLIER BOULEVARD IN SECTION 03, TOWNSmP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM "A" RURAL AGRICULTURAL AND "C-2ST" COMMERCIAL CONVENIENCE WITH A SPECIAL TREA TMENT OVERLAY TO "C-3" COMMERCIAL INTERMEDIATE FOR RETAIL, OFFICE, AND RESTAURANT AND OTHER USES SUBJECT TO CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Jeff L. Davidson of Davidson Engineering, representing Southern Development Corporation, petitioned the Board of County Commissioners to change the zoning classification of the subject 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 subject real property, more particularly described by Exhibit "A," attached hereto and incorporated by reference herein, located in Section 03, Township 51 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agriculture and "C-2ST" Commercial Convenience with a Special Trea1ment Overlay to "C-3" Commercial Intennediate for retail, office, and restaurant and other uses and the appropriate Official Zoning Atlas Map, as described in Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended accordingly, subject to the following conditions: 1. As per Section 3.15 of the Land Development Code, the original Site Development Plan (SDP) for the subject property would not be approved until sufficient capacity is acquired for SR Highway 951, south of US Highway 41, by the addition of lanes and improving the roadway segment from a four lane to a six lane fucility. 2. Prior to SDP approva~ access to the adjoining commercial properties shall be provided in the form of easements granted to adjacent property owners to facilitate cross access between the commercial properties to the east and west of the subject property. 3. A sidewalk shall be cons1ructed along the frontage of the subject property on Tamiami Trail (U.S. Highway 41) per LDC Sections. 5.05.08.C.4, and 10.02.03.B.1.i.xüi. 4. Prior to the approval of the original SDP, the Environmental Advisory Council reviews the approved South Florida Water Management District (SFWMD) pennit mitigation of wetlands impacts. Page I of2 Agenda Item No. 80 June 28, 2005 Page 36 of 36 SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2005. BOARD OF COUN1Y COMMISSIONERS COLLIER COUN1Y, FLORIDA BY: FRED W. COYLE, CHAIRMAN ATTEST: DWIGJIT E. BROCK, CLERK DEPlITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY Patrick G. White Assistant County Attorney RZ-2003-AR-4961/MD/sp Page 2 of2 - - - Agenda Item No. BE June 28, 2005 Page 1 of 128 EXECUTIVE SUMMARY PUD~2004-AR-6919: Habitat for Humanity of Collier County, Inc. and Eugene U. Frey, represented by Coastal Engineering Consultants, Inc. requesting a rezone from the RSF-5(3) zoning district to the Residential Planned Unit Development (RPUD) zoning district for a project to be known as the Regal Acres PUD to allow for a maximum of 184 residential units; and, consideration and approval of an affordable housing density bonus agreement authorizing the developer to utilize affordable housing bonus density units (in the amount of 74 units at 2.0 bonus density units per acre) in the development ofthis project for low-income residents that will designate 100 percent of the units as Affordable Housing units. The subject property, consisting of 36.75 acres, is located on the west side of Greenway Road, east of Collier Boulevard (C.R. 951), and north of U.S. 41. The subject property is located within Section 12, Township 51 South, Range 26 East, Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners (BCe) consider an application to rezone the subject tract from RSF-5(3) to Residential Planned Unit Development as noted below and to make sure that the project is in hannony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The petitioners wish to rezone 36.75± acres from the Residential Single-Family-5 (RSF-5[3]) zoning district to the Residential Planned Unit Development (RPUD) zoning district for a project to be known as the Regal Acres PUD. The project proposes a maximum of 184 two-fumily dwelling units at an overall density of 5 units per acre. As part of the rezoning action, the petitioners are also seeking approval of an Affordable Housing Density Bonus Agreement authorizing the developer to utilize Affordable Housing Bonus Density units (in the amount of 74 units at 2 bonus density units per acre) for low-income residents. The entire site has been previously cleared and disturbed by agricultural uses, such as ditching and benning, grading and other topographic and hydrologic alterations, according to the petitioners' Environmental Impact Statement (EIS). The EIS indicates 19.7± acres are infested with greater than 75 percent exotics such as Brazilian pepper and Australian pine species; 8.1± acres of the total site are utilized for residential pwposes (mobile homes); 1.3± acres are old agricultural ditches and borrow ponds; and 7.7± acres consist of a combination of disturbed dry prairie and shrub and brushland ranging from 10 percent to 74 percent exotics. Access is currently gained from one access point on Greenway Road and a dirt/gravel driveway that serves the two southerly tracts as well as the single-family home that separates them from Greenway Road. The PUD document proposed a maximum of 184 two-fumily dwelling units, at a density of 5 units per acre. All homes will be made available to low-income persons. The PUD Master Plan (see attached) in this petition depicts generalized areas of development, water management, and traffic/pedestrian circulation. Two access points are shown onto Greenway Road. The PUD Regal Acres RPUD, PUDZ-A-2004-AR-6919 EXECUTIVE SUMMARY Page 1 of 5 ,.....'-", ... III..... Agenda Item No. BE June 28, 2005 Page 2 of 128 document indicates that the developer will provide a playground for the residents. The petitioners are not seeking any deviations from general Land Development Code (LDC) requirements. The subject property currently has a zoning designation ofRMF-5(3). The property was rezoned fÌ"om Agriculture (A) in two separate rezone petitions. The first petition, RZ-2002-AR-2487, which rezoned the larger tract with fi:ontage on Greenway Road, was approved on June 25, 2002 by Ordinance Number 2002-36. As part of that action, conditions were included that limited the development of the site to a maximum density of 3 units per acre, and recognized the owner's commitment to pay impact and connection fees for water and sewer connections for the homes in existence on June 25, 2002. The second petition, RZ-2002-AR-3539 rezoned the smaller southern tract on April 22, 2003 in Ordinance Number 2003-]6. That approval also included conditions to limit the density to 3 units per acre, to require a single-car attached garage for each unit, and to limit the development to low-income persons as volunteered by the petitioners. Other conditions were included addressing the site plan that had been provided as part of the rezone petition. Copies of both ordinances are attached to the staff report. 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 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 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 Leve] 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 County's water and sewer system Finally, additional revenue is generated by applying ad valorem tax rates to applicable properties, and that revenue is directly related to the value of improvements. Please note that the inclusion of impact fees and taxes collected are for informational pwposes only; they are not included in the criteria used by Staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN IMPACT: Future Land Use Element (FLUE): The subject property is designated Urban (Urban Mixed _ Use District, Urban Residential Subdistrict) on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). This district is intended to accommodate a variety of residential uses, including Planned Unit Developments. Relevant to this petition, this Subdistrict permits a variety of residential unit types at a base density of 4 dwelling units per acre, limited to a maximum of 16 dwelling units per acre, as allowed under the Density Rating System. However, as described in the FLUE, being within the Traffic Congestion Area, one (1) dwelling unit per gross acre is Regal Acres RPUD, PUDZ-A-2004-AR-6919 EXECUTIVE SUMMARY Page 2 of 5 ....'~"... .....".,.". Agenda Item No. 8E June 28, 2005 Page 3 of 128 subtracted. The companion Affordable Housing Density Bonus (AHDB) Agreement demonstrates the site is eligible for a 2 dwelling units per acre bonus density (or 73.5 dwelling units). When added to the base density of 3 dwelling units per acre, this results in an eligible project density of 5 dwelling units per acre (or 184 dwelling units total). Base Density 4 dwelling units per acre Traffic Congestion Area -1 dwelling units per acre Affordable Housing Density Bonus +2 dwelling units per acre Total Base Density 5 dwelling units per acre FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. Zoning staff believes that the PUD document contains appropriate limitations to ensure that this project will be compatible with the existing development in the neighborhood, and therefore recommends that the petition be deemed consistent with that FLUE policy and the designation on the FLUM. Transportation Element: Transportation Planning staff has reviewed this petition's Traffic Impact Statement (TIS) and the PUD document to ensure the PUD document contains the appropriate language to address this project's potential traffic impacts, and to offer a recommendation regarding GMP Transportation Element, Policy 5.1. That policy requires the review of all rezone requests with consideration of its impact on the overall transportation system, and specifically notes that the county should not approve any request that significantly impacts a roadway segment already operating and/or projected to operate at an unacceptable Level of Service (LOS) within the five-year planning period, unless specific mitigating stipulations are approved. Traffic analyses to determine significant project impact shall use the following to determine the study area: a. On links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 3 percent of the adopted WS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 3 percent of the adopted LOS standard service volume; c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 5 percent of the adopted LOS standard service volume. US-41 East of CR-951 is currently undergoing a Planning, Design and Engineering (PD&E) study by the Florida Department of Transportation (FDOT) for widening the existing 2-lane road to a six-lane facility from CR-951 to CR-92. Construction is not in the five-year planning period. This segment is projected to operate at an unacceptable level of service within 6 months. This petition proposes to impact US-41 East of CR-95 1 by 4.2 percent. Therefore, PUDZ-2004-AR- 6919 is inconsistent with GMP Transportation Element Policy 5.1 and Transportation Planning Staff recommends denial of this petition. Housing Element: Financial Administration and Housing Department staff has reviewed this petition's Affordable Housing Density Bonus Agreement, which is an attachment to the Ordinance and the PUD document to ensure both documents contain the appropriate language to address this project's proposal to provide affordable housing, and finds the proposed development to be consistent with Section 2.7.7 of the LDC and the Housing Element of the Regal Acres RPUD. PUDZ-A-2004-AR-6919 EXECUTIVE SUMMARY Page 3 of 5 Agenda Item No. BE June 28, 2005 Page 4 of 128 OMP. This petition was heard by Affordable Housing Commission on May 12, 2005, who recommended approval of it in a 7 to 0 vote. Approval of the PUD rezone to provide a maximum of 184 affordable housing units would be consistent with the intent of OMP Housing Element Objective 1, which states: The number of new affordable housing units shall increase by 500 units each year in an effort to continue to meet the housing needs of all current and further very-low, low and moderate income residents of the County, . . . . And Housing Element County Policy 2.10, which states: Through the adoption of local incentives, such as density bonus agreements and impact fee waiver/deferrals, public and private sponsors will be encouraged to provide adequate housing for rural residents and farmworker families. GMP Conclusion: The Growth Management Plan is the prevaiJing document to support land use decisions such as this proposed rezoning to PUD. The Future Land Use, the Housing, and the Transportation Elements are equal portions of the overall Growth Management Plan. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall OMP as part of the recommendation for any rezoning petition. The proposed uses are consistent with the property's future land use element's map designation, and the project is consistent with the future land use element's policy regarding compatibiJity, and approval would be consistent with various objectives and policies of the housing element as indicated previously ."-' in the OMP discussion. However, as noted above, the proposed rezone is not consistent with OMP Transportation Element Policy 5.1. Therefore, staff must recommend that the petition be deemed inconsistent with the GMP, based upon a review of all elements of the Growth Management Plan. ENVIRONMENTAL ISSUES: Environmental Services staff has reviewed the petition and the PUD document. All environmental issues have been adequately addressed in the PUD document. ENVIRONMENTAL ADVISORY COUNCIL (EAC) ISSUES: The Environmental Advisory Council (EAC) did not hear this petition because the project qualified for a waiver of the EAC hearing requirement since no protected species or wetland impacts have been identified on site. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition on June 16, 2005 and unanimously (7-0) recommended that Petition PUDZ-2004-AR-6919 be forwarded to the Board of County Commissioners (BCC) with a recommendation of approval of the rezoning and acceptance of the Affordable Housing Density Bonus Agreement. LEGAL CONSIDERATIONS: ..-, Regal Acres RPUD, PUDZ-A-2004-AR-6919 EXECUTIVE SUMMARY Page 4 of 5 Agenda Item No. BE June 28, 2005 Page 5 of 128 Staff completed a comprehensive evaluation of this land use petition and the criteria on which a detennination by the Board of County Commissioners (BCe) must be based. The legal considerations are based upon the listed criteria in Chapter 10.03.05 and Chapter 10.02.12 of the LDC. These evaluations were completed as separate documents that were incorporated into the supplemental staff report. A summary of the legal considerations and findings recommended by staff are noted below: · The proposed change has been deemed inconsistent 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 could create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak: volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private, cannot be provided. The Planning Commission, with its recommendation of approval of the rezone and the Affordable Housing Density Bonus Agreement, made different legal considerations and findings, as noted below: · The proposed rezone has been deemed consistent with the overall GMP making the finding that timing, in the fonn of the developer's commitment to delay any request for local development order, i.e., approval of final subdivision plat, can be deemed acceptable mitigation to offset the GMP Transportation Element Level of Service concerns. RECOMMENDATION: Based on staff s Growth Management Plan analysis and the resultant inconsistency finding, staff is constrained from recommending approval of Petition PUDZ-2004-AR-6919, however, as noted above, the CCPC made a finding that timing, in the form of the developer's commitment to delay any request for local development order, i.e., approval of final subdivision plat, can be deemed acceptable mitigation to offset the transportation Level of Service concerns. LDC Section 6.02.00, Adequate Public Facilities Requirements, would not allow the county to approve final subdivision plat plans if such approval would result in a reduction in the level of service for any public facility below the level of service established in the GMP. PREPARED BY: Kay Deselem, AICP, Principal Planner Department of Zoning & Land Development Review Regal Acres RPUD. PUDZ-A-2004-AR-6919 EXECUTIVE SUMMARY Page 5 of 5 Item Number Item Summary Meeting Dlte Agenda Item No. SE June 28, 2005 Page 6 of 128 COLLIER COUNTY BOARO OF COUNTY COMMISSIONERS BE This item requires that all participants be sworn in and ex parte disciosurti be provided by CammisS!Qn members. PUDZ-2004-AR·69î g, Habitat for Humanity of Collier County; Inc and ELJgene U. Frey. represented by Coast.al Engineering Consultants, Jnc. requesting ;¡ rezone from the RSF··5(3) zoning district to the Residential Planned Unit DeVeHJpment (RPUD zoning district for a project 10 be known as the Regsl Acres PUD to a!low for a maximum of 184 residential units; and. c~ns¡dendjDn and a~pfo..ral of an affordable housing de'1sity bon\J5 agreement authorizing the developp.f to utilize affordable housing bonus density units (In the amount of ì4 units at 2.0 bonus density un:ts per acre) in the dtl'l6!opmen! of this project fer' low -Income residents that will des.ignatE: 1 00 perc~nt or the unHs as Af~ordabl'..! Housing units. The Subject properly. consisltng of 36,75 acres, is located (111 the west side of Greenway Road. east of Colher Boulevard (C,R 95·1). and north.,:¡f US. 41. The subject propert~' is located within Section 12. Township 51 South, Range 26 East, Collier County. Flonda 6/28/2005 9:00.00 AM Prepared By Principal PlannN S/1S/2QD5 9;18:26 AM Kay Oe!ielem. AICP Cummunity Of!vl~I()IJlI'IP--tlt & En\linmrnentuISfu·víct!$. Date Zoning & Lend Development Review Só..mdl",3 Lea Excc:utÌ"rle Secretary Date Approved By Community DtrVelapment & Environmental Sl!'rvices Communrty De\'f!löpmf!nl & Envirol)menbl Services Adnlin. 6/15J2005 t1 :0& AM Approved By Norm E. F~der, AICP Transportion SeNices. Trafl~p()11;¡tti(Jn Divisiun AlllYliois;tratur D.at.I~ Trtlns.portation Services Admin. 6;15/200511:07 AM Cotlstancp. A, Joho!>on Operatíons. An3ly!.t Date Approved By C-omlYlllllrty DI!\1of!h)lmmnt & Environmental Services Commur.ity D~YI~I )Jlm(!IIt.t. Environmental Services Admin, S.f1S12D0512:12 PM Approved By P<1trick G. White County Attorney Äss.ì$tunt Coufll)' Attomt>y Date Coonty Attorney Office 6/16120053:11 PM Project Manager Date Approved By Nick Cas<llanguida "r~m.'S.p )rtcltion 5C'ryict."s Trun'!>portatlon Plnnnin~ 6./1&./20053:33 PM Ray Bellows Chief Planner Date Approved By Community Developmenf & EnvironmentalSer¡ices Zoning & Lund Ol~\lell)pnu:tlt Revi(!w ßI1G/Z005 (:53 PM Approved By SU~.an Murray, AICP Coml'ounìty Devdopmcnt & Environmental Setvices Zoning &. land OI!!'¥I~loJllnoP.nt Director t1.atl~ Zoning" land Dev~lopml!:nt RI1'1iew 6/171200511 :57 AM Date Approved By Jo~u~ph K. St..tunitt ComnnUlity DeveJopmont 8. Environmental Service's Community Development 11 Ënvironmental Services Adminstr.ator Community ()p.:yeh""pmcnl & Envïrohl'mm1al ServiçÐs Admin, 6/20/20059:54 AM OMB Coordinator Admini!>tr-.ative A50sistant Date Approved By County Manager's Office Office of Management & Budget 6/20/2006 10:50 AM Approved By Midl'UlI Stnykow!;.ki County Manager's Office Manét~lP.tnp.llt &. Budgd D¡~~¡;.tor D¡ tl~ OHke of Management & Budget &i20f2D05 5:00 PM County Nanager Date Approved By James V, Mudd BOéltd 1)1 CotH'lty Comnlist;ionets. County Manager's Office Gf21f200S 9:16 AM Agenda Item No. 8E June 28, 2005 Page 7 of 128 eo1N:T County ~ '--~ -- ¡SUPPLEMENT ALl STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: JUNE 16,2005 RE: PUDZ-2004-AR-69 1 9; REGAL ACRES PUD REOUESTED ACTION: The petitioner's requested action remains the same as explained in the staff report prepared and submitted for the June 2, 2005, Collier County Planning Commission hearing. There have been no changes to the PUD document or to the Master Plan. UPDA TE: The Collier County Planning Commission (CCPC) was scheduled to hear this petition on June 2, 2005, however, the petition was continued to June 16,2005, by the CCPC. Staff has conducted further review and has reconsidered its original approval recommendation for this petition. The original staff report set forth the background information for this petition. The Applicants/Owners/Contract Purchaser, Requested Action, Geographic Location, PurposelDescription of Project, Surrounding Land Use and Zoning, Excerpts from Zoning Maps, Aerial Photo, those portions of the Growth Management Plan limited to Future Land Use Element, Transportation Element (not the Housing Element or the GMP Conclusion), the entire Analysis section to include the Environmental Analysis, Transportation Review, Utility Review, and Zoning Review, and the Neighborhood Information Meeting summary in the original staff report have not been revised; Please refer to the original staff report for that information. The Housing Element and the GMP Conclusion of the Growth Management Plan (GMP) Consistency as well as the Recommendation have been revised. The revised sections are set forth on the fo Howing page. GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Housing Element: Financial Administration and Housing Department staff has reviewed this petition's Affordable Housing Density Bonus Agreement, which is an attachment to the Regal Acres, PUDZ-2004-AR-6919 Supplemental Staff Report June 16, 2005 cepe Page 1 of3 Agenda Item No. 8E June 28, 2005 Page 8 of 128 <- Ordinance and the PUD document to ensure both documents contain the appropriate language to address this project's proposal to provide affordable housing, and finds the proposed development to be consistent with Section 2.7.7 of the LDC and the Housing Element of the GMP. This petition was heard by Affordable Housing Commission on May 12, 2005, who recommended approval of it in a 7 to 0 vote. Approval of the PUD rezone to provide a maximum of 184 affordable housing units would be consistent with the intent of GMP Housing Element Objective I, which states: The number of new affordable housing units shall increase by 500 units each year in an effort to continue to meet the housing needs of all current and further very-tow, low and moderate income residents of the County, . . . . And Housing Element County Policy 2.10, which states: Through the adoption of local incentives, such as density bonus agreements and impact fee waiver/deferrals, public and private sponsors will be encouraged to provide adequate housing for rural residents andfarmworker families. GMP Conclusion: The Growth Management Plan is the prevailing document to support land use decisions such as this proposed rezoning to PUD. The Future Land Use, the Housing, and the Transportation Elements are equal portions of the overall Growth Management Plan. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for any rezoning petition. The proposed uses are consistent with the property's future Land Use Element's map designation, and the project is consistent with the Future Land Use Element's policy regarding compatibility, and approval would be consistent with various objectives and policies of the Housing Element as indicated previously in the GMP discussion. However, as noted above, the proposed rezone is not consistent with GMP Transportation Element Policy 5.1. Therefore, staff must recommend that the petition be deemed inconsistent with the GMP, based upon a review of all elements of the Growth Management Plan. RECOMMENDATION: Based on staffs Growth Management Plan analysis and the resultant inconsistency finding, staff is constrained from recommending approval of Petition PUDZ-2004-AR-6919, however, the CCPC may determine that a developer's commitment to delay any request for local development order, i.e., approval of final subdivision plat, can be deemed acceptable mitigation to offset the transportation Level of Service concerns. LDC Section 6.02.00, Adequate Public Facilities Requirements, would not allow the county to approve final subdivision plat plans if such approval would result in a reduction in the level of service for any public facility below the level of service established in the GMP. -" Regal Acres, PUDZ-2004-AR-6919 Supplemental Staff Report June 16, 2005 CCPC Page 2 of 3 Agenda Item No. BE June 28, 2005 Page 9 of 128 PREPARED BY: KA Y DESELEM, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: RA Y BELLOWS, ZONING MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN MURRAY, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ADMINISTRATOR Tentatively scheduled for the June 28, 2005 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN Attachments: Exhibit "A"--Revised PUD Findings Exhibit "B"--Revised Rezone Findings Regal Acres, PUDZ-2004-AR-6919 Supplemental Staff Report June 16, 2005 eepe Page 3 of 3 Agenda Item No. 8E June 28, 2005 Page 10 of 128 eoœ-r County - ~~ - STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: JUNE 2,2005 SUBJECT: PUDZ-2004-AR-6919; REGAL ACRES PUD APPLICANTS/OWNERS/CONTRACT PURCHASER: Habitat for Humanity of Collier County, Inc. Eugene U. Frey 11145 Tamiami Trail East 4101 Gulfshore Blvd., North, PH2 Naples, FL 34113 Naples, FL 34103 AGENTS: Coastal Engineering Consultants, Inc. 3106 South Horseshoe Drive Naples, FL 34104 REQUESTED ACTION: The petitioner wishes to rezone 36.75± acres from the Residential Single-Family-5 (RSF-5[3]) zoning district to the Residential Planned Unit Development (RPUD) zoning district for a project to be known as the Regal Acres POO. The project proposes a maximum of 184 two-family dwelling units at an overall density of 5 units per acre. As part of the rezoning action, the petitioner is also seeking approval of an Affordable Housing Density Bonus Agreement authorizing the developer to utilize Affordable Housing Bonus Density units (in the amount of 74 units at 2 bonus density units per acre) for low-income residents. GEOGRAPHIC LOCATION: The subject property is located on the west side of Greenway Road, east of Collier Boulevard (C.R. 951), and approximately Y:z mile north of U.S. 41. The subject property is located within Section 12, Township 51 South, Range 26 East, Collier County, Florida. (see location map on the following page) PURPOSEillESCRIPTION OF PROJECT: The entire site has been previously cleared and disturbed by agricultural uses, such as ditching and berming, grading and other topographic and hydrologic alternations, according to the G:\Current\Deselem\PUD Rezones\Regal Acres PUDZ-2004-AR-6919\STAFF REPORT 5-17-05.doc Page 1 of 9 Agenda Item No. 8E June 28, 2005 Page 11 of 128 petitioners' Environmental Impact Statement. Additional information is provided in that document that indicates 19.7± acres are infested with greater than 75 percent exotics such as Brazilian pepper and Australian pine species; 8.1 ± acres of the total site are utilized for residential purposes (mobile homes); 1.3± acres are old agricultural ditches and borrow ponds; and 7.7± acres consist of a combination of disturbed dry prairie and shrub and brush land ranging from 10 percent to 74 percent exotics. Access is currently gained from one access point on Greenway Road and a dirt/gravel driveway that serves the two southerly tracts as well as the single-family home that separates them from Greenway Road. The PUD document proposed a maximum of 184 two-family dwelling units, at a density of 5 units per acre. All homes will be made available to low-income persons. The PUD Master Plan (see attached) in this petition depicts generalized areas of development, water management, and traffic/pedestrian circulation. Two access points are shown onto Greenway Road. The PUD document indicates that the developer will provide a playground for the residents. The petitioner is not seeking any deviations from general LDC requirements. The subject property currently has a zoning designation of RMF-5(3). The property was rezoned from Agriculture (A) in two separate rezone petitions. The first petition, RZ-2002-AR-2487, which rezoned the larger tract with frontage on Greenway Road, was approved on June 25, 2002 by Ordinance Number 2002-36. As part of that action, conditions were included that limited the development of the site to a maximum density of 3 units per acre, and recognized the owner's commitment to pay impact and connection fees for water and sewer connections for the homes in existence on June 25, 2002. The second petition, RZ-2002-AR-3539 rezoned the smaller southern tract on April 22, 2003 in Ordinance Number 2003-16. That approval also included conditions to limit the density to 3 units per acre, to require a single-car attached garage for each unit, and to limit the development to low-income persons as volunteered by the petitioner. Other conditions were included addressing the site plan that had been provided as part of the rezone petition. Copies of both ordinances are attached. SURROUNDING LAND USE AND ZONING: North: Three separate tracts with a zoning designation of Agriculture (A); the tract fronting Greenway Road is used residentially, the other two tracts are undeveloped; further north is the undeveloped Naples Reserve Golf Club PUD, approved at a density of 1.5 units per acre East: Greenway Road, then agriculturally used lands with a zoning designation of Agriculture South: Two, five-acre tracts; one is unimproved and the other has a single-family home; both tracts have a zoning designation of Agriculture West: Undeveloped land with a zoning designation of Agriculture, and West Wind, a mobile home development with a zoning designation of Mobile Home (MH) developed at a density of approximately 5 units per acre; further west is the undeveloped Walnut Lakes PUD, approved at a density of 3 units per acre G:\Current\Deselem\PUD Rezones\Regal Acres PUDZ-2004-AR-6919\STAFF REPORT 5-17-05.doc Page 2 of 9 Agenda Item No. 8E June 28,2005 Page 12 of 128 l:l ",' .... Itþ Subject Property " -+ ¡' Excerpt from Zoning Maps Aerial Photo GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated Urban (Urban Mixed - Use District, Urban Residential Subdistrict) on the Future Land Use Map (FLUM) of the Growth Management Plan. This district is intended to accommodate a variety of residential uses, including Planned Unit G:\Current\Deselem\PUD Rezones\Regal Acres PUDZ·2004·AR-6919\STAFF REPORT 5·17·05.doc Page 3 of 9 Agenda Item No. 8E June 28, 2005 Page 13 of 128 Developments. Relevant to this petition, this Subdistrict penn its a variety of residential unit types at a base density of 4 dwelling units per acre, limited to a maximum of 16 dwelling units per acre, as allowed under the Density Rating System. However, as described in the FLUE, being within the Traffic Congestion Area, one (I) dwelling units per gross acre is subtracted. The companion AHDB Agreement demonstrates the site is eligible for a 2 dwelling units per acre bonus density (or 73.5 dwelling units). When added to the base density of 3 dwelling units per acre, this results in an eligible project density of 5 dwelling units per acre (or 184 dwelling units total) . Base Density 4 dwelling units per acre Traffic Congestion Area - I dwelling units per acre Affordable Housing Density Bonus +2 dwelling units per acre Total Base Density 5 dwelling units per acre FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. Zoning staff believes that the PUD document contains appropriate limitations to ensure that this project will be compatible with the existing development in the neighborhood, and therefore recommends that the petition be deemed consistent with that FLUE policy and the designation on the FLUM. Transportation Element: Transportation Planning staff has reviewed this petition's Traffic Impact Statement (TIS) and the PUD document to ensure the PUD document contains the appropriate language to address this project's potential traffic impacts, and to offer a recommendation regarding GMP Transportation Element, Policy 5. I. That policy requires the review of all rezone requests with consideration of its impact on the overall transportation system, and specifically notes that the county should not approve any request that significantly impacts a roadway segment already operating and/or projected to operate at an unacceptable Level of Service (LOS) within the five-year planning period, unless specific mitigating stipulations are approved. Traffic analyses to detennine significant project impact shall use the following to detennine the study area: a. On links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 3 percent of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 3 percent of the adopted LOS standard service volume; c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 5 percent of the adopted LOS standard service volume. US-41 East of CR-95 I is currently undergoing a Planning, Design and Engineering (PD&E) study by the Florida Department of Transportation (FOOT) for widening the existing 2-lane road to a six-lane facility from CR-95 I to CR-92. Construction is not in the five-year planning period. This segment is projected to operate at an unacceptable level of service within 6 months. This petition proposes to impact US-4 I East of CR-95 I by 4.2 percent. Therefore, PUDZ-2004-AR- 6919 is inconsistent with GMP Transportation Element Policy 5.1 and Transportation Planning G:\Current\Deselem\PUD Rezones\Regal Acres PUDZ-2004-AR-6919\STAFF REPORT 5-17-05.doc Page 4 of 9 Agenda Item No. BE June 28, 2005 Page 14 of 128 Staff recommends denial of this petition. However, Zoning staff believes this petition can overcome the Transportation staffs concerns, and addresses that issue below as part of the GMP conclusion. Housing Element: Financial Administration and Housing Department staff has reviewed this petition's Affordable Housing Density Bonus Agreement, which is an attachment to the Ordinance and the PUD document to ensure both documents contain the appropriate language to address this project's proposal to provide affordable housing, and finds the proposed development to be consistent with Section 2.7.7 of the LDC and the Housing Element of the GMP. GMP Conclusion: The Growth Management Plan is the prevailing document to support land use decisions such as this proposed rezoning to PUD. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. The Future Land Use Element designation is a portion of the overall finding that is required. The proposed uses are consistent with the property's future land use designation as indicated previously in the GMP discussion. However, as noted above, the proposed rezone is not consistent with GMP Transportation Element Policy 5.1. Even though the county and the state are not contemplating making roadway improvements that would accommodate this project's transportation needs, there is the possibility that private enterprise could build the necessary roadways or make necessary improvements to existing roadways that would allow this project to develop. It is not zoning staffs intent to penalize this project such that the petitioner would be precluded from taking advantage of any other options that may become available in the future. GMP Capital Improvement Element Policy 1.1.2.B allows the Board of County Commissioners to approve a rezone request if "specific mitigation stipulations are approved in conjunction with the rezone to restore or maintain the Level of Service (LOS) on the impacted roadway segment." Including mitigative stipulations as part of this PUD rezone petition would allow the property to be rezoned now so the petitioner could take advantage of any later opportunity and seek development order approval without being required to seek rezoning again. Approval of the PUD rezone to provide a maximum of 184 affordable housing units would be consistent with the intent of GMP Housing Element Objective 1, which states: The number of new affordable housing units shall increase by 500 units each year in an effort to continue to meet the housing needs of all current and .further very-low, low and moderate income residents of the County, . . . . And Housing Element County Policy 2.10, which states: Through the adoption of local incentives, such as density bonus agreements and impact fee waiver/deferrals, public and private sponsors will be encouraged to provide adequate Iwusingfor rural residents andfarmworker families. Therefore zoning staff offers the following stipulations that could accompany an approval recommendation for this project. Staff could recommend that the petition be found consistent with the overall GMP if these stipulations are adopted: G:\Current\Deselem\PUD Rezones\Regal Acres PUDZ-2004-AR-6919\STAFF REPORT 5-17-05.doc Page 5 of 9 Agenda Item No. 8E June 28, 2005 Page 15 of 128 1. Development order approvals beyond zoning approval will only be granted by Collier County for this entire project, or any phase of this project, at such time as roadway capacity (as determined by Collier County Transportation staff) exists to support the entire project, or any phase thereof 2. This project shall still be subject to all sunsetting provisions of the IDC in effect when that date threshold is met. In no case does zoning approval in any way exempt this project for sunsetting requirements. The property owner recognizes roadway improvements mayor may not be in place in a timely fashion to avoid project sunsetting, however in no case does zoning approval vest or ensure any future PUD extension approvals will be granted if roadway improvements are not made. 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 Sections 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. Transportation Review: Transportation Department staff has reviewed the petition and the PUD document that accompanies the request. The applicant has incorporated Transportation staffs revisions within the PUD document, however as noted in the GMP evaluation, Transportation Planning staff recommends denial of the rezoning petition because the project's traffic will exceed the "significant impact test" of the GMP and thus the request is inconsistent with the GMP. Utility Review: The Utilities Department staff has reviewed the petition, noting that the subject site is located within the Collier County Water-Sewer District boundary, and it will be subject to application for, and conditions associated with, a Water and Sewer Availability Letter from the Collier County Utilities Division. Currently, no service exists at Greenway Road, and as such an extension to the County Utility system will be necessary. Utilities to be placed within Greenway Road shall be required to be conveyed to the County, and shall be appropriately sized to service neighboring parcels. Currently, a sixteen-inch wastewater force main exists along US-41, as does a twelve-inch water transmission main; both are available for connection. Zoning Review: Relationship to Existing and Future Land Uses: G:ICurrentlDeselemlPUD Rezones\Regal Acres PUDZ-2004-AR-6919IST AFF REPORT 5-17 -05.doc Page 6 of 9 Agenda Item No. BE June 28, 2005 Page 16 of 128 A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the uses that would be permitted if the proposed zoning action is approved, 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 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 property around the subject site is developed with residential uses of varying densities ranging from 1 unit on five acres to the south, to West Wind's 5 units per acre. Two projects have been approved but have not yet been built-Naples Reserve Golf Club and Walnut Lakes. The area east of Greenway Road is designated Receiving Lands on the GMP Future Land Use Map, thus although the land is used for agricultural purposes now, it may face development pressures in the future, for densities up to a maximum of 1 unit per acre if certain requirements are met. The development standards contained in Section III of the PUD document are designed to reflect the design approach for a compact urban environment that will allow smaller more affordable two-family homes. The PUD indicates most lots will have a 3,750 square foot minimum area, a minimum lot width of 35 feet for most lots and a minimum front yard setback of 25 feet. The side yard setback is 7.5 feet. The minimum rear setback is 20 feet. The lot configuration for comer lots is modified to provide a larger side yard setback where the lot abuts the roadway. The maximum height is limited to 35 feet in two stories. NEIGHBORHOOD INFORMATION MEETING: The applicant and his agents held the meeting at 5:30 P.M. on February 24, 2005 at the Habitat for Humanity conference room located at 11145 Tamiami Trail East, Naples. Seven persons other than the petitioner and county staff attended. Dr. Sam Durso, applicant and Mr. Don Murray, agent for the applicant answered questions presented by the audience concerning the density and type of product proposed. It was explained that the entire project consisting of 184 residential units in 92 duplexes are to be 100 percent "affordable housing". Dr. Durso stated those who qualify to purchase fall within the "very low income" bracket of between $10,000- 35,000 annually and the starting sale price is $90,000. Addressing the questions and concerns from the audience, Dr. Durso stated the following: · There will be two entrances from Greenway Road · A 5-foot sidewalk will be built on both sides of the road · A "tot lot" is included in the conceptual site plan · Water and sewer service will be extended to the subject site by the Developer · The Developer will pay impact fees up to $7,500 per house for the existing 24 units · Owner occupied and owner must hold the mortgage for 20-25 years; and Habitat for Humanity of Collier County, Inc. retains the right of first refusal if any owner wants to sell. To a question from a resident of West Wind regarding buffering, Dr. Durso stated, "We'll probably put fences in between your property and our development". There were no objections G:\Current\Deselem\PUD Rezones\Regal Acres PUDZ-2004-AR-6919\STAFF REPORT 5-17-05.doc Page 7 of 9 Agenda Item No. 8E June 28, 2005 Page 17 of 128 stated from those in attendance for the proposed rezone and development. (synopsis provided by Linda Bedtelyon, Community Planning Coordinator). RECOMMENDATION: Zoning & Land Development Review staff recommends that the Collier County Planning Commission forward Petition PUDZ-2003-AR-3542 to the Board of County Commissioners with a recommendation of approval with the following stipulations: 1. Development order approvals beyond zoning approval will only be granted by Collier County for this entire project, or any phase of this project, at such time as roadway capacity (as determined by Collier County Transportation stafJ) exists to support the entire project, or any phase thereof 2. This project shall still be subject to all sunsetting provisions of the LDC in effect when that date threshold is met. In no case does zoning approval in any way exempt this project for sunsetting requirements. The property owner recognizes roadway improvements mayor may not be in place in a timely fashion to avoid project sunsetting, however in no case does zoning approval vest or ensure any future P UD extension approvals will be granted ifroadway improvements are not made. PREPARED BY: KAY DESELEM, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE REVIEWED BY: RA YMOND V. BELLOWS, ZONING MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE SUSAN MURRAY, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE G:\Current\Deselem\PUD Rezones\Regal Acres PUDZ-2004-AR-6919\STAFF REPORT 5-17-05.doc Page 8 of 9 Agenda Item No. 8E June 23, 2005 Page 18 of 128 APPROVED BY: JOSEPH K. SCHMITT ADMINISTRA TOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the June 28, 2005 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN DATE Exhibits: A. B. C. D. Rezone Findings PUD Findings Ordinance No. 2002-36 Ordinance No. 2003-16 G:\Current\Deselem\PUD Rezones\Regal Acres PUDZ-2004-AR-6919\STAFF REPORT 5-17-05.doc Page 9 of 9 WLDCO COON 0.- ON...... Z _0 COO) .c:N.- èii(!)(!) :::Cc¡ ~::Jro -o-'a... C (!) OJ <C â g ~ ~ . i ~ J" .....N3J~ ~ ~ ]1YJS Ol. .LON / .- - :<: :;: ~ ~i ~~~ :<: offi~ H g '" ~ ~ ~ ". ~ ~~ ~ :? ~! ~ ~ ~ ;<,: ~ 8 l ; i ~ ~h ~ ~ "0 ~ ~ t ~ ~ ;:¡ ~- d ~ "' ~ a. « ~ W t- en ~I 0) <0 . a:: « . ~ o o N r I- ::> a.. ~Z o f- f- W a.. a. « ~ z o t- « Ü o ....J Agenda Item No. BE June 28, 2005 Page 20 of 128 REZONE FINDINGS PETITION PUDZ-2004-AR-6919 Chapter 10.03.05.G 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 rezone is consistent with the Future Land Use Element (FLUE) land use designation of the Growth Management Plan (GMP). However, Transportation Planning staff provided an analysis of the applicable objectives, goals and policies of the Transportation Element, and find that the project is inconsistent with Transportation Element Policy 5.1. Zoning staff provided an analysis of other pertinent GMP objectives and policies, and recommends that the petition be deemed consistent with the overall GMP with the stipulations recommended by staff. 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 GMP. 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 Urban (Urban Mixed-Use District, Urban Residential Subdistrict) on the Future Land Use Map (FLUM) of the Growth Management Plan. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The growth and development trends and changing market conditions make the proposed rezoning desirable for the applicant. The rezoning is not necessary, per se, but it does seem appropriate especially because the project will provide affordable housing which is an objective of the GMP (Objective I-Housing Element). 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 "A" G:\Current\Deselem\PUD Rezones\Regal Acres PUDZ-2004-AR-6919\Findings, Rezone 5-17-05.doc Page 1 of4 Agenda Item No. BE June 28, 2005 Page 21 of 128 6. Whether the proposed change will adversely influence 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 rezoning 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 of the development, or otherwise affect public safety. The Transportation Services Division has reviewed the proposed PUD and has recommended denial of the petition based upon transportation-related GMP policies. However Zoning staff has included stipulations that should adequately address traffic congestion concerns. 8. Whether the proposed change will create a drainage problem; The project will be required to obtain a permit from the South Florida Water Management District. Drainage problems should not be created when construction IS done in accordance with the permit. 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 adversely 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 determination by law is driven by market value. The mere fact that a property is given a new zoning designation 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. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; EXHIBIT "A" G:\Current\Deselem\PUD Rezones\Regal Acres PUDZ-2004-AR-6919\Findings, Rezone 5-17-05.doc Page 2 of4 Agenda Item No. 8E June 28, 2005 Page 22 of 128 The proposed rezone to PUD complies with the land use designation of the Urban (Urban Mixed-Use District, Urban Residential Subdistrict) on the Future Land Use Map (FLUM) of the Growth Management Plan, which is a public policy statement supporting zoning actions when they are consistent with the entire GMP. Staff is recommending that the petition be deemed consistent with the overall GMP with stipulations. In light of this fact, approval of the proposed PUD would 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 is currently occupied by mobile homes, which appear to be legal non- conforming uses in that they were placed on the property when the property had an Agricultural zoning designation. Under the current RSF-5(3) zoning designation, the property could be developed with up to 110 single-family home sites, subject to compliance with the LDC regarding water management, buffering, open space and access, etc. if the project could meet concurrency requirements. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed PUD rezone is designed in a manner that is compatible with surrounding property in size and scale. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Each zoning petition is reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. However suffice to say there most likely are areas of the county with conventional or PUD zoning that would allow development of the housing type proposed by the petitioner. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and general compliance with the Land Development Code. 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 "A" G:\Current\Deselem\PUD Rezones\Regal Acres PUDZ-2004-AR-6919\Findings, Rezone 5-17-05.doc Page 3 of 4 Agenda Item No. BE June 28, 2005 Page 23 of 128 A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and, the Transportation Planning staff found it inconsistent with the Transportation Element of the GMP, however, Zoning & Land Development Review staff has included stipulations that should adequately address the transportation issues. EXHIBIT "A" G:\Current\Deselem\PUD Rezones\Regal Acres PUDZ-2004-AR-6919\Findings, Rezone 5-17-05.doc Page 4 of4 Agenda Item No. 8E June 28, 2005 Page 24 of 128 FINDINGS FOR PUD PUD~2004-AJl-6919 Section 10.02.13 .B.5 of the LDC 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 nearby area will be developed with other residential projects, such as Naples Reserve Golf Club PUD and Walnut Lakes PUD. West Wind Mobile Home Condominiums already exist. Other nearby lots are developed with single-family homes and mobile homes. The site will have direct access to Greenway Road. The petitioner has agreed to connect to county water and sewer district utility service, and the drainage will be provided in compliance with all applicable codes. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). The subject petition has been found consistent with the goals, objectives and policies of the GMP, with the stipulations recommended by staff and 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. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. EXHIBIT "B" G:\Current\Deselem\PUD Rezones\Regal Acres PUDZ-2004-AR-6919\Findings, PUD 5-17-05.doc Page 1 of 2 Agenda Item No. BE June 28, 2005 Page 25 of 128 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 a significant problem, and lead staff to include the stipulations so the project can be deemed consistent with the GMP. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Ability, as applied in this context, implies supporting inrrastructure 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. Inrrastructure will not be in place in the vicinity and its inadequacy has been determined as part of the review of this rezoning petition. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This criterion essentially requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards. The petitioner is not seeking any deviations as part of the rezoning approval. EXHIBIT "8" G:\Current\Deselem\PUD Rezones\Regal Acres PUDZ-2004-AR-6919\Findings, PUD 5-17-05.doc Page 2 of 2 Agenda Item No. BE June 28, 2005 Page 26 of 128 ORDINANCE NO. 02 - 36 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 1612N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED ON THE WEST SIDE OF GREENWAY ROAD, APPROXIMATELY 1 MILE NORTH OF U.s. 41 AND APPROXIMATELY 3 1/2 MILES EAST OF COLLIER BOULEVARD (C.R. 951). IN SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM "A" RUR.AI:;!o ~ AGRICULTURAL TO "RSF-5(3)" RESIDENT~~~ ~ SINGLE-FAMILY WITH A MAXIMUM DENSITY OF ~:::' E: .." DWELLING UNITS PER ACRE; PROVIDING FOR STAFt::-; '; AND PLANNING COMMISSION STIPULATIONS; AND B\,:;;;:' <.ù I PROVIDING AN EFFECTIVE DATE. ("'1 'c·' ;:,0. m -., '. :;¡: ¡-"1 ~~ - ~ ~:Þ _ WHEREAS, Vincent A. Cautero, AICP, of Wilkison and Associates, r~ttng The Gilbros Company, 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 real property as more particularly described by Exhibit "A", attached hereto and incorporated by reference herein, and located in Section 12. Township 51 South, Range 26 East, Collier County, Florida. is changed from "A" Rural Agricultural to "RSF-5(3)" Residential Single-Family and the Official Zoning Atlas Map numbered 1612N, as described in Ordinance 91-102, the Collier County Land Development Code, is hereby amended accordingly. The herein described real property is the same for which the rezone is hereby approved subject to the conditions in Exhibit "B". SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. .~-._-_._---- Agenda Item No. 8E June 28, 2005 Page 27 of 128 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 25th day of June, 2002. Attest IS to Chairman's signature only. . ,-;;':'~' .~;' : ~ '/) .;.ÀrrEST: '. :,:.' I?WIGHT.~. ~OCK, CLERK ?:~~: ~/~~ ~. =; -~¥r -..¿ Jd. e .. , .. "APPROVED AS TO FORM AND LEGAL SUFFICIENCY BOARD~ONERS COLLIER CO Y,F GI BY: JAMESN. COLEITA, CHAIRMAN ?1ì1'~~~~ 111· ~¿~ Marjori . Student ' Assistant County Attorney This ordinance filed wIth the S"r:r·Jtory of ~te's Office the 3.td. day "I !f1t:::.' ~ V~¡I¡ (".("k.r'_w·¡r.:Jo~ment of that f'" .."' ,r:·...¡",d this ~ day Of7Zt~~/j~ ¡, Ootpury Clerk l Agenda Item No. 8E June 28, 2005 Page 28 of 128 RZ-2002··AR-2487 LEGAL DESCRIPTION DESCRIPTION: The South half (S-1/2) of the Northeast quarter (NE-1/4) of the Northeast quarter (NE-1/4) of Section 12, Township 51 South, Range 26 East, Collier County, Florida (Less the Easterly 30.00 feet thereof) and the South half (5-1/2) of the South half (S-1/2) of the North half (N-1/2) of the Northeast quarter (NE-1/4) of the Northeast quarter (NE-1/4) of Section 12, Township 51 South, Range 26 East. Collier· County, Florida. (Less the Easterly 30.00 feet thereof) (Containing 1,150,263.58 square feet or 26.406 acres, more or less) ,. EXHIBIT "A" ì -1-- ~_._~--_._--~ Agenda Item No. BE June 28, 2005 Page 29 of 128 RZ-2002-AR-2487 CONDITIONS 1. The maximum density permitted on this parcel is three dwelling units per acre. 2. The petitioner agrees to pay impact fees and connection fees, up to a maximum of $7,250 per house, for water and sewer connections for the homes in existence on June 25, 2002, which are required by County Ordinance, to connect. The petitioner shall work with the Collier County Public Utilities Division to provide an installment payment plan for affected homeowners for costs in excess of $7,250. 3. The petitioner agrees that no Building Permits shall be issued until June 25,2004. 4. The subject parcel shall contain a maximum of79 single-family homes. 5. The petitioner agrees that the maximum floor area of each house shall be 1,100 square feet. 6. The petitioner agrees that, in accordance with the Land Development Code and the Impact Fee Ordinance, the purchasers of the subject homes shall qualify as low, very low, or very, very low income buyers. EXHIBIT "8" Agenda Item No. 8E June 28, 2005 Page 30 of 128 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: the 25th day of June, 2002, during Regular Session. -'9 'Y"¡¡.- r-- r--· ~S·~ _I.... ___ -'-"-". ,.. ~ '{;. ':" Which was adopted by the Board of County commission~ . c· ..-r\..... r- tJ' 0:-', _ ~~ - om y WITNESS my hand and the official seal of the Board of ORDINANCE NO. 2002-36 ~ ~ 4'\ <e ....-- r .....,... \ ; v:> .~" o!$ \=' - - .. County Commissioners of Collier County, Florida, this 1st day of July, 2002. . '. I' DWIGHT E. BROCK' 'J Clerk of Courts/ arid .Cïerk .~.". Ex-officio to BQ.i\rd::o.f . '.... County Commissiqñeis ,r ,- ?- ~~-:;;-/ ~.~' .:-....: ~ ~ -.¡' ",\. . . . t' j . '." . By: Ellie Hoffman, Deputy Clerk Agenda Item No. BE June 28, 2005 Page 31 of 128 ORDINANCE NO. 03 - 16 þ!t::' ,.....rr. AN ORDINANCE AMENDING ORDINANCE NUMBER 91-+:;:;~ 102 AS AMENDED, THE COLLIER COUNTY LAN¡$;: DEVELOPMENT CODE WHICH ESTABLISHED TH$;;".= COMPREHENSIVE ZONING REGULATIONS FOR T~~. UNINCORPORATED AREA OF COLLIER COUNTY;"'~~ FLORIDA; AMENDING THE OFFICIAL ZONING ATLA~u, MAP NUMBERED 1612N BY CHANGING THE ZONINCSE CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY>'" LOCATED lMMEDIA TEL Y TO THE NORTH OF GREENWAY ROAD IN SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM "A" RURAL AGRICULTURAL TO "RSF-5(3)" RESIDENTIAL SINGLE- FAMILY ZONING DISTRICT TO ALLOW A MAXIMUM OF 31 LOTS TO BE DEVELOPED AS A RESIDENTIAL SUBDIVISION WITH SOME PERCENT AGE TO BE SET ASIDE FOR AFFORDABLE HOUSING UNITS; PROVIDING FOR ST AFF AND PLANNING COMMISSION STIPULATIONS; AND PROVIDING AN EFFECTIVE DATE. ...... = c::> ....... ",.. " -0 ;:0 N OJ -0 m ;J:: CJ - .. w WHEREAS, Vincent A. Cautero, AICP, of Coastal Engineering, representing Habitat for Humanity of Collier County, Inc., in Petition RZ-2002-AR-3539 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 real property as more particularly described by Exhibit "A," attached hereto and incorporated by reference herein, and located in Section 12, Township 51 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agricultural zoning district to "RSF-5(3)" Residential Single-Family zoning district, and the Official Zoning Atlas Map numbered 1612N, as described in Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended accordingly. The herein described real property is the same for which the rezone is hereby approved subject to the conditions contained in Exhibit "B," attached hereto and incorporated by reference herein: SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. Agenda Item No. 8E June 28, 2005 Page 32 of 128 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 22.rd day of A~,.·,I ,2003. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA " .... ~Y·í:-!1 0', " .... "'~ ., ." . . . . ~. (I . ...... ~ . . J:'__ . ~.,. "'''''''~''~'J.'' j,:. .~ .' .J.I'- rt" . '. . : J{~pu1:YCI erk::=i ; è, . . . , ')" ?-Attest ·u>to.·åat.....·. - ~lturt.QfifJ. "'-'.1 . Sì':.·' .' T~b 4- 22..(ß This ordinance filed with the Secretory of State's Office the liIh. day of 4{¡ti1 , ~ and acknowledgement of that fili~.IYed~~ day of ~~»L By _c_ Approved as to F onn and Legal Sufficiency: ~,~ Patrick G. White Assistant County Attorney Exhibits: A: Legal Description B. Conditions RZ-2002-AR-3539/KD/sp 2 Agenda Item No. BE June 28, 2005 Pag~ 33 of 128 LEGAL DESCRIPTION THAT PART OF THOSE LANDS AS RECORDED IN OrFICIAL RECORDS BOOK 1689 AT PAGE 832 OF THE PUBUC RECORDS or COWER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS rOLlOWS: CO....ENCING AT nlE SOUTHEAST CORNER OF SAID SECTION 12; THENCE ALONG THE EAST UNE Of SAID SECTION 12, N00-11'20"E, 2,743.15 FEET TO THE EAST 1/4 CORNER OF' SAID SECTION 12; THENCE CONTINUE ALONG SAID EAST UNE or SAID SECTION 12, Nocr27·50-E 894.35 rEET rOR A PLACE or BEGINNING; THENCE N89~56'55""W 1,361.53 FEET TO THE WEST UNE OF THE. SOUTHEAST 1/4 OF' THE NORTHEAST 1/4 OF SAID SECTION 12; THENCE ALOWG SAID WEST LINE N00-34'06-E 490.98 FEET TO THE NORTH UNE OF THE SOUTHEAST 1/4 OF' THE NORTHEAST 1/4 OF SAID SECTION 12; THENCE ALONG SAID NORTH UNE S89-56'55-E 1.360.64 FEET TO THE EAST UNE OF SAIf) SECTION 12; THENCE ALONG SAID EAST UNE OF SECTION 12 S00-27'52"W 490.97 FEET TO THE PLACE OF' BEGINNING; BEING IN THE SOUTHEAST 1/4 OF' THE NORTHEAST 1/4 OF SEcnON 12. TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLUER COUNTY. FLORIDA. CONTAINS 15.34 ACRES MORE OR LESS. LESS AND EXCEPT THE fOLLOWING DESCRIBED PROPERTY. AS RECORDED IN OfFICIAL RECORDS BOOK 2052 AT PAGE 812 OF SAID PUBUC RECORDS; COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 12; THENCE ALONG THE EAST UNE Of SAID SECTION 12, N00-11'20"E, 2,7.ß.15 fEET TO THE EAST 1/4 CORNER Of SAID SECTION 12; THENCE CONTINUE ALONG SAID EAST UNE or SECTION 12. N00-27'5O-E 894.3~ fEET FOR A PLACE OF' BEGINNING; THENCE N89-S6'55"W ~.oo fEET; THENCE NOO'34'06-E 490.97 F'EET: THENCE S89'56'55-E 443.00 FEET TO THE EAST UNE or SAID SECTION 12: THENCE ALONG THE EAST UNE or SAID SECTION 12 S00-27'SO"W 490.98 fEET. TO THE PlACE or BEGINNING. BEING IN THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 12. TOWNSHIP 51 SOUTH. RANGE 26 EAST, COWER COUNTY, FLORIDA. CONTAINS 5 ACRES OF LAND WORE OR LESS. AN EASEMENT rOR UTtUTIES AND rOR ROADWAY INGRESS AND EGRESS IS RESERVED OVER AND THROUGH THE SOUTHERLY 30 FEET OF' THIS PROPERTY BY THE GRANTEES. THEIR HEIRS AND ASSIGNS IN PERPETUITY. SUBJECT TO EASEMENTS. RESTRICTIONS, AND RESERVATIONS OF RECORD. Greenway Road Rezone Legal Description Exhibit A RZ-2002-AR-3539 -.. ,.-. - _.~ --" Agenda Item No. 8E June 28, 2005 Page 34 of 128 GREENWAY ROAD REZONE 1 . The residential density of the subject parcel is limited to a maximum of three units per acre and development of no more than 31 single-family dwelling units/residences. 2. All purchasers must qualify as low-, very low-, or very, very low-income buyers pursuant to then existing standards. 3. Prior to the issuance of any site development plan approval, the property owner must demonstrate that the subject property has legal access to the site from the public road network. No building permits for construction on the subject parcel will be issued until a road constructed to County standards is constructed within the legal access to the site. No Certificates of Occupancy will be issued until the constructed road has been issued a Certificate of Compliance. 4. The subject property contains a low area identified with a few large cypress and laurel oak and other "wetland" plant species. At the time of site development plan submittal the developer must provide evidence of a wetland jurisdictional determination of the low area by the agency with authority to render such determinations. 5. The project name and internal roadway names must be changed as part of the site plan development review, subject to review and approval by the County's Addressing Division. 6. Development of the site is subject to LDC §Section 2.2.25.8.1 regarding historical and archaeological ramifications for this site. 7. Because there are no County maintained stormwater management facilities that will be affected by development of this project, the rezoning review did not address the storm water management requirements within the site. The project must demonstrate compliance with all such requirements as part of its site development plan review procedures. 8. The developer must provide at least one centrally located children's play area/tot lot, that is at least 1,4 acre in size to include, but not be limited to playground equipment, landscaping and irrigation, walkways, picnic areas, open play area, benches and fencing (if necessary for safety), to serve the residents of this development. This play area/tot lot must be provided prior to, but not later than, when certificates of occupancy are issued for 80% of the units for this project. 9. The Master Site Plan included as part of the application for this rezoning is illustrative only, and is not considered binding on the developer or the County as to any development approvals. The subject property must be developed in compliance with all requirements of the LDC in effect at the ¡ time a development request is submitted, including constructing required turn lanes, sidewalks along both sides of roadways, and providing a 60 foot wide right-of-way. 10. The developer must construct each home to include an attached single car garage. 11. Access to this site ftom Greenway Road must be designed to avoid alignment with the driveway for the parcel identified by Folio #00750600006. Revised: 4/4/03 to include changes made by the cepe on 4/3/03 Conditions of Approval Exhibit B RZ-2002-AR-3539 -~._."-_..- -- - ~_.,.. Agenda Item No. BE June 28, 2005 Page 35 of 128 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2003-16 which was adopted by the Board of County Commissioners on the 22nd day of April, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of ~ t::ì ~ County Commissioners of Collier County, Florida, this 23no~a~ r- ". :Þo> :;p.::. -0 of April, 2003. ¡;:; ~ (J"!(":'. N (j') ..: co r1"\"" 1"'",'-' -u :,,~\ ::r.;; ï(.j' _ 0--1 .. :£ ~ (...) DWIGHT E. BROCK g~ Clerk of Courts and Clerk Ex-officio·tQ Board of countyc6mfut~s~ø~ers ~. ...:",/~ - it~~:}~::~:;· k- ~; .~.~~, :. .. ,. '.;".;;1 By: \~a't::r~~,!.a: .L'. ..¢o/gan, Deputy-,Cle!<k~.:.' . ".': . ..,.; ,\~ . ',' ~.: "J ': if j . " - r~ ~ rn o ..- -"-.----- Agenda'ltem No. 8E June 28, 2005 Page 36 of 128 APPLICATION FOR PUBLIC HEARING FOR: ~UD REZONE (PUDZ) [JPUD TO PUD REZONE (PUDZ-A) Date Received: Planner Assigned: PUDZ-2004-AR-6919 PROJECT #2004050014 Commission District· DATE: 12/14/04 . -KAY DESELEM Petition No.: ABOVE TO BE COMPLETED BY STAFF 1 . General Information: Name of Applicant(s) Habitat for Humanity of Collier County. Inc. & Eugene U. Frey Applicant's Mailing Address 11145 Tamiami Trail E. City Naples State Florida Zip 34113 Applicant's Telephone # 239-775-0036 Fax # 239-775-0477 Applicant's E-Mail Address:sdurso@1rlhcollier.com Name of Agent Vincent A. Cautero. AICP Finn Coastal Engineering Consultants. Inc. Agent's Mailing Address 3106 South Horseshoe Drive City Naples State Florida Zip 34104 Agent's Telephone # 239-643-2324 Ext. 120 Fax # 239-643-1143 Agent's E-Mail Address:vcautero@cecifl.com 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 A,pDliaation For Public HearlDl[ For PUD Rezone 6/14/04 Agenda Item No. BE June 28. 2005 *Be aware that Collier County has lobbyist regulations. Guide yourself accor~ 37 of 128 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 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 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 Mr. Eue:ene U. Frey Percentage of Ownership 100% of Parcel 00740480003 and 00740760008 4101 Gulf Shore Blvd. North. PH2 Naples. FL 34103 ADoUation For Public Hearin, For PUD Rezone 6/14/04 Agenda Item No. 8E June 28, 2005 Page 38 of 128 b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Habitat for Humanity of Collier County. Inc. 11145 Tamiami Trail E. Na.t)les. Florida 34113 Offi~s: I.Sænuel~o.Pr~dent 891 Partridge Court Marco Island. Florida 34145 2. Robert E. Cali2a. Vice President 1120 Little neck Lane CT.. E-51 Naples. Florida 34102 3. William Ramsey. Vice President 891 Partride:e Court Marco Island. Florida 34145 4. Mary Anne Durso. Vice President 891 Partridge Court Marco Island. Florida 34145 5. Thomas Schneider. D. 704 Turkev Oak. Lane Naples. Florida 34108 Percentage of Stock 100%_(Non-Profit)_ 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 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: Application For Public Rearm!!: For PUD Rezone 6/14104 Agenda Item No. BE June 28, 2005 f. If any contingency clause or contract terms involve additional parties, list all ~S 28 or officers, if a corporation, partnersbip, or trust. Name and Address After all approvals for development have been e:ranted. Mr. Frey. who owns parcels 00740480003. and 00740760008. will donate these parcels to Habitat for Humanity of Collier County. Inc. by Quit Claim Deed. g. Date subject property acquired (X ) leased (): 12/2003 Term oflease yrs.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 occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3. Detailed le2al description of the propertY covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six 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: 12 Township: 51 S Range: 26E Lot: Block: Subdivision: Plat Book_ Page #: PropertyI.D.#: 00737400009.00740480003.00740760008 Metes & Bounds Description: Please see attached Legal Description 4. Size of property: ft. X ft. = Total Sq. Ft. Acres 36.75 +/- Address/eenerallocation of subject propertY: Located on the west side of Greenway Road. approximately 3 ~ miles east of Collier Boulevard (C.R 951), and approximately one mile north of U.s .41. 6. PUD District (LDC 2.2.20.4): ¡g Residential D Community Facilities D Commercial D Industrial AD,llcatioD For Public H~ ,For PW V~A"e 6/14104 '~__n_____._____.._ .' LEGAL DESCRIPTION Agenda Item No. BE June 28, 2005 Page 40 of 128 THAT PART OF mOSE LANDS AS RECORDED IN OFFICIAL RECORDS BOOK 1689 AT PAGE 832 OF TIffi PUBliC RECORDS OF COLLIER COUNTY, FLORIDA. BEING MORE P ARTICULARL Y DESCRmED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 12; 1HENCE ALONG THE EAST LINE OF SAID SECTION 12, NOool1'20"E, 2,743.15 FEET TO THE EAST 114 CORNER OF SAID SECTION 12; THENCE CONTINUE ALONG SAID EAST LINE OF SAID SECTION 12, NOo027'50"E 894.35 FEET FOR A PLACE OF BEGINNING; TIiENCE N89°56'55"W 1,361.53 FEET TO TIlE WEST LINE OF THE SOumEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 12; TIiENCE ALONG SAID WEST LINE N00034'06"E 490.98 FEET TO THE NORm LINE OF THE SOUTHEAST 1/4 OF TIŒ NORTHEAST 114 OF SAID SECTION 12; TIIENCE ALONG SAID NORTIi LINE S89°56'55"E 1,360.64 FEET TO TIlE EAST LINE OF SAID SECTION 12; TIIENCE ALONG SAID EAST LINE OF SECTION 12 Soo027'52"W 490.97 FEET TO THE PLACE OF BEGINNING; BEING IN THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINS 15.34 ACRES MORE OR LESS. LESS AND EXCEPT THE FOLLOWING DESCRIBED PROPER1Y, AS RECORDED IN' OFFICIAL RECORDS BOOK. 2052 AT PAGE 812 OF SAID PUBliC RECORDS; COMMENCIN'G AT THE SOUTIŒAST CORNER OF SAID SECTION 12; TIIENCE ALONG TIlE EAST LINE OF SAID SECTION 12, NOOOll'20"E, 2,743.15 FEET TO THE EAST 1/4 CORNER OF SAID SECTION 12; TIlENCE CONTINUE ALONG SAID EAST LINE OF SECTION 12, N00027'50"E 894.35 FEET FOR A PLACE OF BEGINNING; THENCE N89°56'55"W 443.00 FEET; TIiENCE NOO034'06"E 490.97 FEET; TIIENCE S89°56'55"E 443.00 FEET TO TIlE EAST LINE OF SAID SECTION 12; THENCE ALONG THE EAST LINE OF SAID SECTION 12 Soo027'50"W 490.98 FEET, TO THE PLACE OF BEGINNING. BEING IN TIlE SOUTHEAST 1/4 OF THE NORTIiEAST 1/4 OF SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINS 5 ACRES OF LAND MORE OR LESS. AN EASEMENT FOR UTILITIES AND FOR ROADWAY IN'GRESS AND EGRESS IS RESERVED OVER AND THROUGH THE SOUfHERL Y 30 FEET OF TIllS PROPER1Y BY THE GRANTEES, THEIR. HEIRS AND ASSIGNS IN PERPETUITY. SUBJECTTO EASEMENTS, RESTRICTIONS, AND RESERVATIONS OF RECORD. AND TOGETHER wrrn THE soum HALF (S-1/2) OF THE NORTIIEAST QUARTER (NE-1/4) OF TIlE NORTIlEAST QUARTER. (NW- 1/4) OF SECTION 12, TOWNSIDP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA (LESS THE EASTERLY 30.00 FEET THEREOF) AND TIlE SOUI'H HALF (S-1/2) OF THE SOUTH HALF (S-1/2) OF THE NORm HALF (N-l/2) OF TIlE NORTHEAST QUARTER (NE-l/4) OF TIlE NORTIiEAST QUARTER (NE-1/4) OF SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST. COLLIER COUN1Y, FLORIDA. (LESS THE EASTERLY 30.00 FEET TIIEREOF) CONTAINS 26.41 ACRES OF LAND MORE OR LESS ApjIlicatlOD For Public: Hearm ( For PUD Rezone 6/14104 Agenda Item No. 8E June 28, 2005 Page 41 of 128 - 7. Adjacent zoninl and land use: Zoning N~ Land use Naples Reserve Golf Club (Undeveloped) S A Simrle-familv house and a mobile home on secarate tracts E A Simrle-familv home on a 5-acre tract: Greenway Road ROW W MH:A West Wind Mobile Home Park: vacant Agricultural field 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). No Section: Township: Range: Block: Subdivision: Lot: Plat Book_ Page #: Metes & Bounds Description: Property I.D.#: 8. Rezone Request: This application is requesting a rezone from the RSF-5(3) zoning district(s) to the PUD zoning district(s). Present Use of the Property: Vacant Land. Improved Residential Proposed Use (or range of uses) of the property: Residential PUD with affordable housinsz Original PUD Name: 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. A,ppllc:atiOD For Pubße Heariu: For PUD RI!2'JODe 6/14/04 PUD Rezone Considerations fLDC Section 2.7.3.2.5) Agenda Item No. BE June 28. 2005 Page 42 of 128 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 proposed affordable housing PUD is consistent with the land use pattern of the area. The area has transitioned from agricultural and vacant lands to a mix of residential, agricultural, and service uses, including a mobile home subdivision located to the southwest, single family homes located to the south and southeast, and agricultural uses to the north and east of this project. Access is from Greenway Road which is a paved, two-lane local road operating with adequate capacity and which is not exceeding the County level of service significance tests (see TIS). Greenway Road runs north to south and intersects with U.S. 41, which is not significantly impacted by the proposed PUD. Sidewalks are proposed along Greenway Road and will be provided throughout the proposed development. Water and sewer will be provided per County standards and adequate capacity is available. Drainage will be maintained on site and will include a lake area and a larger than needed floodway compensation area. The proposed development should cause little or no impact to any surrounding properties. 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. Findings and recommendations of this type shall be made only after consultation with the county attorney. Once approved, the proposed PUD shall be operated under sole control of Habitat for Humanity of Collier County. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. The proposed change is consistent with the goals, objectives, and policies of the Growth Management Plan. Specifically, this proposal is consistent with Goal 1 of the Housing Element in that it helps create an adequate supply of decent, safe, sanitary, and affordable housing. Objective 1 in this Element contains criteria that the number of new affordable units shall increase by 500 units each year to meet the housing needs oflow income families. This proposal assists the County in meeting this Objective. The Future Land Use Element contains criteria that encourages the creation of affordable housing through provisions which allow for increased residential density if the proposed dwelling units would be affordable based upon the standards found in Housing Element. The creation of new homes meets the standards in the Housing Element. ADplication For PubUc He.mll For PUD Rezone 6/14104 Agenda Item No. 8E June 28. 2005 Page 43 of 128 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The proposed PUD will contain 184 homes within a subdivision with loop roads and cuI de sacs, a lake system for water detention, and a floodway area for onsite and offsite flood plain compensation. These features and the PUD design will provide adequate buffering and screening between adjoining development, and should not require any additional restrictions on design, nor any additional buffering and screening. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Adequate open space is provided and will meet or exceed County requirements. Additionally, the applicant is providing a 2.98+/-acre floodplain compensation area. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The proposed development will be consistent with the various LOS adopted by Collier County and consistent with the adequate public facilities ordinance. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Adequate lands are available for a range of uses in this area. The subject property has adequate area to accommodate the proposed density and type of residential units, and Surrounding properties will likely continue to transition to residential uses. 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 PUD will meet all applicable Land Development Code regulations and the requirements of the PUD Document. The proposed affordable housing use also meets a public purpose by helping the County meet Goal 1 of the Housing Element in that it helps create an adequate supply of decent, safe, sanitary, and affordable housing, and Objective 1 which contains criteria requiring an increase of 500 units of new affordable housing each year to meet the housing needs oflow income families. Additionally, the developer, Habitat for Humanity of Collier County, Inc., has reduced density at its Henderson Creek project which had approval for 380 dwelling units. A lower density of 280 dwelling units was approved for that property at the time it was rezoned, but at build out only 204 of those units will be constructed resulting in a reduction of 76 affordable dwelling units. By increasing the number of affordable dwelling units in the King Acres POO, the project will help Collier County to meet its goal of increasing new affordable housing each year. 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. A¡lpHcation For P.blle HearlDIl For PUD Rezone 6/14/04 Agenda Item No. 8E June 28, 2005 Page 44 of 128 10. Previous land use petitions on the subject DroDerty: 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 within the past year. but a Dublic hearinE was held in June 2002. The hearing was to apurove a rezoning from the "A" Agricultural zoning district to "RSF-5(3)" Residential Single Familv zoning (see Ordinance No. 02-36). 11. Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. a . A copy of the pre-application meeting notes; Attached b. If this rezone is being requested for a specific use, provide twenty (20) copies (this includes: HUI if affordable housing, Joyce Ernst, if residential and Immokalee/Water Sewer District, if in Immokalee) of a 24" x 36" conceptual site plan [and one reduced 8W' x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPe]; Attached · 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. Drawings are Attached 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. Attached e. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and 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.). Attached Application For Public HearlDI! For POO Ruoae 6/14/04 Agenda Item No. BE June 28, 2005 Page 45 of 128 f. Statement of utility provisions (with all required attachments and sketches); Attached g. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; Attached 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); Attached i. Any additional requirements as may be applicable to specific conditional uses and identified during the pre:..application meeting, including but not limited to any required state or federal permits. Attached - please see Ordinance No. 02-36 and Ord. 03-16. Those documents contain additional conditions. Most of the conditions, if still relevant, have been incorporated within the PUD document. The conditions incorporated into the PUD Document are as follows (petitioner's comments are in bold): · The petitioner agrees to pay impact fees and connection fees, up to a maximum of $7.250 per house, for water and sewer connections for the homes in existence on June 25,2002, which are required by County Ordinance to connect. The petitioner shall work with the Collier County Public Utilities Division to provide an installment payment plan for affected homeowners for costs in excess of $7.250. See Section 5.11 Impact Fees of the PUD Document · The petitioner agrees that the maximum floor area of each house shall be 1,100 square feet. The minimum and maximum floor areas are given in the PUD Document, Section 3.4 Development Standards, Table 1. The maximum is not exceeded. · The petitioner agrees that, in accordance with the Land Development Code and the Impact Fee Ordinance, the purchasers of the subject homes shall qualify as low-, very low-, or very, very low-income buyers. See the PUD Document Statement of Compliance, Subsection 6. · The project name and internal roadway names must be changed as part of the site plan development review, subject to review and approval by the County's Addressing Division. Name is changed in the PUD Document, Exhibit '~" Section 1.7 Short Title, as "King Acres PUD. " · Development of this site is subject to £DC Section 2.2.25.8.1 regarding historical and archaeological ramifications for this site. The site is disturbed, but the County's requirements will apply. See Section 5.10.H. of the PUD Document · The developer must provide at least one centrally located children's play area/tot lot that is at least -!4 acre in size to include, but not be limited to. playground equipment, landscaping and irrigation, walkways. picnic areas, open play area. beaches, andfencing (ifnecessary for safety), to serve the residents of this development. This play area/tot lot must be provided prior to, but no later than, when certificates of occupancy are issued for 80% of the units for this project. This commitment is made on the conceptual Master Site Plan, Exhibit B. · The developer must construct each home to include an attached single car garage. This requirement is addressed in Section 3.4.A.3. of the PUD Document. · The project must demonstrate compliance with all storm water management requirements as part of its site development plan review procedures. See Section 5.6.D. Water Management of the PUD Document. ADDHcatlOD For Pubnc HearlDIf For PUD lùzoDe 6/14104 Agenda Item No. 8E June 28, 2005 . Access to this site from Greenway Road must be designed to avoid ali~fWlM 28 the driveway for the parcel identified by Folio #00750600006. See the attached PUD Master Plan. No access aligns with any existing driveway for the parceL 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 Attached k. An electronic version of the PUD on a disk as part of this submittal package. Included 1. Boundary Survey, no more than six months old - LDC Section 2.7.3.1.2.(8) Attached Please be advised that Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove their public hearing advertising sign (s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign (s) immediately. 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 ~Dlication For Public Hearin~ For PUD Rezone 6/14/04 Agenda Item No. 8E June 28, 2005 PUD REZONE APPLICATION Page 47 of 128 SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS #OF NOT COPIES REOUlRED REQUIRED 1. Completed AppHcationIPUD documents 24* ./ 2. Copy of Deed(s) and list identifying Owner(s) and all Partners 2* ./ if a Corporation 3. Completed Owner/Agent Affidavit, Notarized 2* ./ 4. Pre-application notes/minutes 24* ./ 5. Conceptual Site Plans 24* ./ 6. Environmental Impact Statement - (EIS) 4 ./ 7. Aerial Photograph - (with habitat areas identified) 5* ./ 8. Completed Utility Provisions Statement (with required 4 ./ attachments and sketches) 9. Traffic Impact Statement - (TIS) 7 ./ 10. Historical & Archaeological Surveyor Waiver Application 4 ./ 11. Copies of State and/or Federal Permits 4 ./ 12. Architectural Rendering of Proposed Structure(s) 4 ./ Not required but a conceptual drawing is provided provided 13. ~AppHcation Fee - "PUD Rezone" = $10,000 + 525 per acre ./ [g Comprehensive Planning Consistency Review = $2,250 D Application Fee - "PUD to PUD Rezone" = 58000 + 525.00 per acre Legal Advertising Fees - $681.00 CCPC & $250.00 BCC Fire Code Review = 5150 EIS Review = $1600 Check shall be made payable to: Collier County Board of Commissioners 14. An electronic copy of all plans and documents on a disk as 1 ./ Dart of the submittal packet. 15. Affordable Housing Density Bonus Agreement including all 4 ./ Appendices and Exhibits. 16. Boundary Survey (no more than 6 months old) 5 ./ 17. Letter of no objection from the United States Postal Service 1 ./ 18. OTHER REQUIREMENTS: . Documents required for Long-Range Planning Review ·1 addiûonal copy if for affordable housing AI> the authorized agent/applicant for this peûtion, I attest that all of the informaûon 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 Ofproc~ ø _ ~ . I ~ -~-<J7 gen~APPlicant Signature Date ADDlieation For Public: Burin!!: For PUD Rezone 6114(04 PUDZ-2004-AR-6919 PROJECT #2004050014 DA TE: 12/14/04 KA Y DESELEM ---. ..- Agenda Item No. 8E ·June 28. 2005 Page 48 of 128 AFFIDAVIT WelL Samuel J. Durso. MD. being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted As property owner We/Ifurther authorize Vanasse Davlor. LLC to act as our/my representative in any matters regarding this Petition. Signature of Property Owner Samuel J. Durso. MD. Typed or Printed Name of Owner Typed or Printed Name of Owner The jòregoi'š\ ins/narumt was aclcnowledged before me this J> day of ,jUh-f.-. , 200if, by. í;UnWÁ ])/)./10. /!Ill:> who is personallv known to me or ·hm p""šuccd U.) idtmtiftcution. State of Florida County of Collier Notary Stamp ~~ Lisa B. Lefkow :.(A ¡:; Commission # OD293446 ~. .Þ.Il ExpIres March 4, 2008 , .r.tt"'IondIcITrIIyF.._.1nc. eœ.3I5-?01e PtnD~2004-AùR-6919 PROJECT #2004050014 DATE: 12/14/04 KAY DESELEM Agenda Item No. 8E June 28, 2005 Page 49 of 128 AFFIDAVIT We/I, Samuel J. Durso. MD. being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest iriformation, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief We/I understand that the iriformatîon requested on this application must be complete and accurate and that the content of this form. whether computer generated or County printed shall not be altered Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted As property owner We/Ifurther authorize Calusa Coast Ecologists. Inc. to act as our/my representative in any matters regarding this Petition. Signature of Property Owner Samuel J. Durso. MD. Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this qfh day of, it..1..~_ 20fl::£ by ~Ky\ 1,( t J 1)(  Yri) rttD who is personally known to me or 1Ìi:ls Jlfl6tltæed w lu'¡mtificati8n. . State of F10rida County afCollier Notary Stamp . '-¡::J~,. Lisa B. Lefkow :~?~.t:. Commission # DD293446 ';¡.~~ expires March 4, 2008 .:'t:~.~,:o 8andId'"" F.............1nc. 11QG.3111.J1111 ,rr..· ----.--- -~._. Agenda Item No. 8E June 28, 2005 Page 50 of 128 AFFIDAVIT We/I, Samuel J. Durso. MD. being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all slœtches, 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 all required information has been submitted As property owner WelIfurther authorize Coastal Engineering Consultants. Inc. to act as ourlmy representative in any matters regarding this Petition. Signature of Property Owner Samuel J. Durso. MD. Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this f1Ih day of" JU.A1.f , 20 JS; by Ç;un¡ J1J '"Dt))) D M]) who is personally known to lTUt or kar pT9dueed fill] idlldifil..ation. - State of Florida County of Collier Notary Stamp .,~~' i ~&' '~'':o L sa B. Lefkow ~{ ~ Commission # DD293446 ~~.~#l Expires March 4, 2008 · rr.~·-IIondoIfT"" .....1nIuIInœ, tnc. 800-315-,011 _.~--_..__.... ----- Agenda Item No. 8E June 28. 2005 Page 51 of 128 AFFIDAVIT We/I. Eugene U. Frey being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing,' that all the answers to the questions in this application, including the disclosure of interest iriformation, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief We/I understand that the information requested on this application must be complete and accurate and that the content of this form. whether computer generated or County printed shall not be altered Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted As property owner We/Ifurther authorize Coastal Engineering Consultants, Inc. to act as our/my representative in any matters regarding this Petition. -¿~~ Signature 0 Property Own~~ - Signature of Property Owner Eugene U. Frey Typed or Printed Name of Owner Typed or Printed Name of Owner I ?l- -- The foregoing ~trument was acknowledged before me this IJ day of ~ """ -L- , 20 d by c:.\. ? ~ ~~ ~who is personally known to me or has produced as identification. I·~ ...........~....................~^......tiNIII.. . JOHN J, FREY I NOTARY PUBLIC - MIf4NESO'm My Comm. E.IcpIrea Jan. 31. 2005 .VNNN..aJ+"'~~"'^¥-NrNN^·-HN. (Signature of Notary Public - State of Florida) State of F10rida County of Collier Notary Stamp - - _.....___.__._.__.___.._.. ~____ __________.._..,____'.___ _.____u.._ Agenda Item No. 8E June 28. 2005 Page 52 of 128 AFFIDA VIT Well, EUJ!ene U. Frev being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest iriformation, all slœtches, 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 We/I understand that the information requested on this application must be complete and accurale and that the content of this form, whether computer generated or County printed shall not be altered Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted As property owner We/Ifurther authorize Calusa Coast Ecologists. Inc. to act as our/my representative in any matters regarding this Petition. 2: Signature of Property Ow Signatw"e of Property Owner Eugene U. Frev Typed or Printed Name of Owner Typed or Printed Name of Owner I ~ -,' The jòrego~trument waspknowledged before me this v day of V Vt~ w , 20,;.r by ...-t t(,." ~1 who is personally known to me or has produced as identification. Stale of Florida County of Collier IA.~~~..~&&&&~~&&~&&&..~.~. ...........-....---....-...........---...... "JOHN J. FREY I NOTARY PUBliC - MINNESOTA My Comm. &pIræ Jan. 31, 2005 .~J'A.~·.,AYN....'V...v-N~A~....;. (Signature of Notary Public - Stale 0 Florida) Notary Stamp .-----....-.--- Agenda Jtem No. 8E June 28. 2005 Page 53 of 128 AFFIDA VlT Well, Eu¥ene U. Frev beingftrst duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief We/I understand that the information requested on this application must be complete and accurate and that the content of this form. whether computer generated or County printed shall not be altered Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted As property owner We/Ifurther authorize Vanasse Day/or. LLC to act as our/my representative in any matters regarding this Petition. ~?t-~ Signature 0 operty (M Signature of Property Owner EUf!ene U. Frev Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this 1&1 7L- day of c:Ç""" -.:... , 20 r1 if, by $oj 4 Wf' ~ þ """''-' who is personally known to me or has produced as identification. ,,,....6&.6&......... ..'" _n_ -. ..nn_nnn.. ..·..····"'1 ................. . JOHNJ.FREY NOTARY PUBLIC - MINNESOTA My Comm. ExpIres JaIl. 31. 2006 .--N·¥h·"'-Y^····~·~.........V...V. (Signature of Notary Public - State of Florida) State of Florida County of Collier Notary Stamp -----.. - -0- ... -... A - Current Ownership Property Addrea~ NO SITE ADDRESS Agenda Item No. BE June 28, 2005 Page 54 of 128 FoOo No·n 00737400009 MaR II Owner Name HABITAT FOR HUMANITY CC INC - Add....... 11550 TAMIAMI TRL E City NAPLES II Statell FL H Zlpl34113 0 7906 Legal 12512851/2 OF NE1/4 OF NE1/4. S112 OF S1/2 OF N1/2 OF NE1/4 OF NE114 LESS E 30FT 26.40 AC ·For more than four linea of Lega' Description pl.... call the Property Appraiser's OffIce. Use Code Acres 26.4 Section 12 100 70 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Valuesp; Land Valueapi Land Valuesp; Land Valuna; Land V8Iue S 924,000.00 I (+) Improved Value SO.OO (:z) Market Value S 924,000.00 (-) SOH Exempt Value S 0.00 (:z) AU888ed Value S 924,000.00 (0) Homestead and other Exempt Value S 924,000.00 (IS) Taxable Value $0.00 Date Book - Page Amount 12 I 2003 3472 0 2450 $0.00 10 I 2002 ~21 0 2221 $ 1,003,200.00 0111997 2272 . 221 S 201,000.00 SOH = "save OUr Homes" exempt value due to cap on assessment increases. -- The Information Is Updated Weekly. http://www.collierappraiser.comIRecordDetaiI.asp?F olioID=000000073 7400009 4/13/2005 - -0- A _... A Folio No. 00740480003 Agenda Item No. 8E June 28, 2005 Page 55 of 128 Owner Name FREY, EUGENE U Addres... 4101 GULF SHORE BLVD N PH2 CItv NAPLES U statell FL II ZlDII34103 . 2903 Legal 12 51 26 COMM SE CNR OF SEC, N2743.15FT TO E1/4 CNR. N8M.35FT, N89 DEG W 918.53FT TO POB, N89 DEG W443.98FT W "For more than four IIn.. of Legal D..crlptlon plea.. c.1I the Property Appralse"s Office. Section 12 Ac.... 4.99 Sub No. ~ Use Code II 100 2 ~ ACREAGE HEADER' MOBILE HOMES ~ Mlllaae Area 25 ~ MIII.ae 13.3115 II I 2004 Final Tax Roll Latest Sales History If all Values' shown below equal 0 this parcel was created after the Final Tax Roll Land ValuesD; Land ValuMP; Lend ValuM ; Land Values ; Land Value $ 99,800.00 . (+) Improved Value $ 34,017.00 1-\ MIIrket Value $133,817.00 I (.) SOH Exempt Value $0.00 (=\ AsHDeCI Value $133,817.00 (-) Hom..tead and other Exempt Value SO.OO (=) Taxable Value $133,817.00 Date Book - Page Amount 06 1 2003 3305 . 2343 S 350,000.00 08/1966 11j.D.-~.Jn $ 59,000.00 dOH" ·Save Our Homes· exempt value due to cap on asseaamen1 increases. - The Infannation is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp?F olioID=OOOOOO07 40480003 4/13/2005 ... ""'6"" J. V.I. 1. Folio No.11 00740760008 Map - Current Ownership Property Addreull10401 GREENWAY RD Agenda Item No. BE June 28. 2005 Page 56 of 128 Owner Name FREY, EUGENE U Addressee 4101 GULF SHORE BLVD N PH2 City NAPLES H StateU FL II ZiP. 34103 - 2903 Legal 1251 26 COMM se CNR OF sec 12, N2743.15FT, N 894.35FT, N89DEG W443FT TO POB N89DEG W475.53FT, N490.97 FT S89DEG "For more than four lines of Legal Description plels. call the Property Appraiser's Office. Section 12 Township 51 Acres 5.35 Map No. 6812 Sub No. JfJ Use Code 100 2 ACREAGE HEADER MOBILE HOMES Millage Area 25 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land VaJuesp; Land Valueep; Land Valuesp; Land Valueeø; Larid Value $ 107,000.00 (+) Improved Value $ 5,723.00 (;f Market Value $112,723.00 (-) SOH Exempt Value $0.00 (=) Assessed Value $112,723.00 (:) Homestead and other Exempt Value $0.00 (=) Taxable Value $ 112,723.00 Date Book - Plae Amount 06/ 2003 3305 - 2343 $ 350,000.00 05 f 2002 3.OH . 341.3 $ 60,000.00 08 ( 1994 1ßlt::.1Bi S 25,000.00 SOH = "Save Our Homes· exempt value due to cap on assessment Increasea. - The Information is Updated Weekly. http://www;collierappraiser.comIRecordDetail.asp?FolioID=00000007 40760008 4/13/2005 Agenda Item Næ. 1 of 2 June 28, 2005 Page 57 of 128 Oivision of Corporations Florida Non Profit HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. PRINCIPAL ADDRESS 11550 TAMIAMI TRAL EAST NAPLES FL 34113 US Changed 03/06/2000 PUDZ-2004-AR-6919 PROJECf #2004050014 DATE: 12/14/04 KAY DESELEM MAILING ADDRESS 11550 TAMIAMI TRAL EAST NAPLES FL 34113 US Changed 03/06/2000 Document Number 742136 FEI Number 591834379 Date Filed 03/20/1978 State FL Status ACTIVE Effective Date NONE Last Event AMENDMENT Event Date Filed 11/05/1999 Event Effective Date NONE egIs ere .gen I Name & Address I DUSSO. SAMUEL DR. 891 PARTRIDGE COURT MARCO ISLAND FL 34145 I Name Changed: 03/0612000 I I Addras Changed: 0310612000 I R . t dA t Officer/Director Detail I Name & Address II Title I DURSO, SAMUEL 8 891 PARTRlDGECOURT MARCO ISLAND FL 34145 CAUGA, ROBERT E G 1 ]20 ll1TLE NECK LANE CT., E-51 NAPLES FL 34102 I RAMSAY. WILLIAM IA ]61 AMBLEWOODLANE http://www.sunbiz.orglscripts/cordet.exe?al=DETFIL&nl =7 42136&n2=NANfFWD&n3=0002&n4=N&r... 8/19/2004 Qivision of Corporations NAPLES FL34105 MARY ANNE, DURSO 89 PORTRIDGE COURT MARCO ISLAND FL 34145 SCHNEIDER., THOMAS 704 TURKEY OAKLANE NAPLES FL 34108 Agenda Item Ncf~ 2 of 2 " I June 28, 2005 18 Page 58 of 128 ID Ann IR ua eports I Report Year II Filed Date I I 2002 II 0210412002 I I 2003 II 051021200 3 I I 2004 II 0112012004 I LRetum tC)Lis.t J View Events View Name History I Next Filing J L~Pre\,ious filif'l9. ,J Document Images Listed below are the images available for this fùing. 01/31/1997 - ANNUAL REPORT 01/24/1996 - 1996 ANNUAL REPORT TillS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http://www.sunbiz.orglscripts/cordet.exe?al =DETFIL&nl =7421 36&n2=NAMFWD&n3=0002&n4=N&r... 8/19/2004 List of Corporation Ownen Habitat for Humanity of Collier County, Inc. 11145 Tamiami Trail E. Naples, Florida 34113 100% (Non-Profit) COIporate Officer Officer Title Samuel Durso 891 Partridge Court Marco Island, Florida 34145 President Robert E. Caliga 1120 Little neck Lane CT., E-51 Naples, Florida 34102 Vice President William Ramsey 891 Partridge Court Marco Island, Florida 34145 Vice President Mary Anne Durso 891 Partridge Court Marco Island, Florida 34145 Vice President Thomas Schneider 704 Turkey Oak Lane Naples, Florida 34108 Director Current 100% owner of Parcel 00740480003 and 00740760008 Mr. Eugene U. Frey 4101 Gulf Shore Blvd. North, PH2 Naples, FL 34103 Agenda Item No. 8E June 28. 2005 Page 59 of 128 Agenda Item No. 8E Wh.. ~w -., 33bÇpr.-, ~ 28,2 DCOIDIÐ ID omCIAL UCOIDS of comn ciif~-e,rO of "/13/2DI3 It '1: 5H11 Drlm I. IIOCI, CLUI COIS 350001.00 DC m II.St DOC-.7D 2IS1.DO I!r"rnn·¡I.I» .;10<1 ,,'I\lm II" lIolI~ .". ".rmOIl, Atlflrnt~· ., I.." Uta: VIGA STAU IT IT AL PICI DP nond. Srhntllt'CI; 4< "in~. I'.A, 41101 Tamiaml Trail :>Ötlrl" Stlllr 2!\0 :'oinpl~. 1'1. 341113 2J<I-I>~< -3Hnn File ~1II"""r: <l1>~2.\1 P{ß)~2004-AR-6919 PROJECT #2004050014 I ~P¡~'< tII,,,,,· 11", 1m,· F", Ro<c.~ln~ n"'I_ _ _ _.._ DATE: 12/14/04 KAY DESELEM Warranty Deed This \\'nrrllDty need """I. Ihis ~í ,W, Jay of I\1n~·. 2003 I-ocl\\'rrn Vlclor R. If_crllln ! and K_de lI_ertlin ! r/l¡/_ Knit Marlin...n, hu,band And "'Irr \l"h l~ po" omce address is 10407 Gl'ffnwa)' Road, Naples, FL J4114, ,!rantor. and EII!!ene l'. Fre~' "I.."e 1'<";1 "nkc aJJn.',. is 4101 GulrShol't' nt,·d. Nnrth. "U2, Narlt'S. FL J..IOJ,gmnlec: .\\ht'I'H.'\.'" "..1>*\1 brn..n Ih\' h,'fAl' ·~fitl.h"" ¡m'" "'Climh"l""' mdu"k nil th", 1"-""tC"" ,., Ihl.. Inlli1rlnnc'nl 101.1 .he h.:,,'. ICl!i1I n:1"ft"cnlllll\t"\. Md ",,'I~n\ nl InJI\ ,,11I.d.. iln.llhi; I\.Lh......·'"'''' and a'..I~n' III ,'I"f"lfo1lh,"'. 1,,,\,..;tf'Id 11.....ln·'1 \\ïlne!lseth.lhnl ,,,id ~r;"u",. Ii" amI in con,iúl'rdlion nflhr ~um ofTEN AND NOlJoo DOI.LARS (SIO.OO) and ,)!her !!'''''¡ and "nhmhlc c"n<Ì<J..-rnti""s In ,aid ~rnntor in hand paid hy said granler. the recript whrreof is hereb~' acknnwlt"d ¡ed. h;I< granted. hnr¡;aincJ. nnJ ,,,kl I" II,,' ,,,id grnnlW. anú gran"'r', heirs and assigns forever. the followin ¡ desrribed lanú, ,ilu;l\e. Iyi"!l and heín~ in ("..lIier Cnllnl~·. f' ..ridn lo·wil: ~rallncht'd F.xhihi."A" f'nrc-e' fdenlif,ulion ";"lIIhrr: nfl740761MKJII &: 11117.104111100.3 Slthjt'Cllo res!rieli"n.. rl'>t'T\'n\Íons and ea...men.. of rfford. ir an)', and Ine~ Juh5cquent 102002. TII~elher \lith nil Ih,·lenement;. herrdil:1mrnt. and 3PJ'1unenancrs Ihc....to hclon~ing or in an)wise ap 'ICnaining, I'll Ihn'e IInd III J 1I[d, III<' s.1mc in Ie" .ilt1l'le fOI'l.'\'er. And lhr grnmor hcrc~ eowonnl. with So1id gmnter that I!to: grantor is lawfully w.ed nf said land in fee simrle: Ihal Ihe grantt\T has gOO<! ri ,!hl and lawful authuri,y 10 .ell and eon\'r~' said land: Ihallhe granlor hcrdly fully lI-amlnlS the tille 10 said land and ...iII defend the: "'1me against Ihr lawful claims of all persons whomsOt'ver: and that said land is free of all cncumbrance" exn"I1ilxes aerming snh""queml" December JI, 2002. In \Vilness \Vherellf. graml\r ha. hereunto sel grantor', hand and srallhr day nnd yrar firsl ab<"'e "Tillen. I )-..- Sig r . ..,,,leJ a"d .Idiw,,·ú in uur I're,cncc: ." .tJAjU:;if·J~ ~ 'ilne: N;I;";:'ß"áJ('¡4-;4..f!~ J~JY (... '),6Q±.. __..n.u _ Wim,'ss Name: :J:eI:'\!li:b.. !Vi.tfJ.v.t ~~i;J~~ ..:3~,A~l.: \..\.Û1-, ~ Witness Name: ~ex1n,ier .tLVU.1...'.I1 K'~~.. Slale I,f FI."id" County "fCnll;er TII" r...e~I\il1~ in'lrumel1l \\¡IS a'~nl'" kd¡!ed hefnre me Ihis 30th day of Ma)'. 2l1li3 b~' Virtor R. lIarnling and Karie Ilaenlin~. \\ h.. I J ar< r"""n~lIy ~n"lI n or I ~¡ \'e prod'x:ed a,driver's lieenJas idenlification. PI- -f'iA.:i A~, .J-.I_~·LL ii>ì&~biiC . ~ - PrintcdName: rnb<.Y/!j Æ..: Ipìfl.lL.._ g - 3/- 0," INlna') SC;III g."f;i;) 'JÜ ·tL.w tcIoIBEN. Y A. SPIItI\ UY COIAIISSICI\' I DC ",m EXPl~S' A1JOUSI31,4Oœ ....T.......*"'.....~..., My Cnmmission Expires .__..-~-'-- .-- !Bl20fn 15: r:n 23'H7M.4:;:Ø VEGA BR\>JI~ STNL V BI~K Agenda Item No. BE ,r~ PAGE 132/ *** OR: 3305 PG: 2344 *~ EXHIBIT "A" Comme.ncing at the Southc;aSl comer of Section 12, TO~l1Ship 51 South, Range 26 East, Collier County, Florid:l; th(':n~e atong the East linc of said Section 12, North 00'11 '20" East 2743.15 ftet to the East 1/4 coml'r of :::aid Section 12; thence continue along said East line of Section 12, North 00'27'50" East 894.35 feet; thence North 89·56'55" West443.00 feeHor aplaceofbeginning; thence North 89'56'55 West 475.53 feet; thence North 00'34'06" East 490.97 feet; thence South 89·56'55" East 474.64 feet; thence South 00'27'50" \Ve.st 490.97 feet to the place of beginning; being in tbe Southe-.ast 1/4 of the Northeast 1/4 of Section 12, Township 51 South, Rang'.: 26 East, Collier County, Florida. INCLUDlN"G the right of access over and through the Southerly 30.00 feet of the following property; Commencing at the Southeast comer of Section 12, Townslùp 51 South, Range 26 East., Ct..,llicr County, Florida; thence along the East line of said Section t2, North 00'11 '20" East 2743.15 feet to the East 1/4 r;orncr of sa.3d Section 12; thence continue along said East line of Section 12, North 00·27'50" East 89l1.35 feet for a placa ofbegirming; thence North 89'56'55" West 443.00 feet; thence North 00'34'06" Ea!'t 49097 feet; thence South 89'56'55" East 443.00 feet to the East line of said Section 12; thence alon.g said East line of Section 12, South 00'27'50" West 490,97 feet to the place ofbeghuùng; being in the Southeast 1/4 of the Northeast 1/4 of Section 12, Township 51 Soutb, Range 26 East. Collier COW1ty, Florida. (10401 Greenway Road) A?\"D Commencing at the Southeast corner of Section 12, Tov.'11Ship 51 South, Range 26 East, Collier County, Florida; thence along the East line of said Section 12, North 00'11 '20" East 2743.15 feet to the East 1/4 corner C'lfsaid Section 12; Thence continue along the East line of said Section 12 on a bearing of North 00·27'50" East for a distance of 894.35 feet to a set ta.ck; Thence run North 89'56'55" West for 91.8.53 feet to a set iron pin with survey cap # LS 4273 which is the POINT OF BEGINNING; Thence run North 89·56'55" West for 443.98 feet to the \Vest Line of the Southeast 1/4 of the Northeast 1/4 of said Soction 12 which is marked by a set iron pin \vi.th Survey Cap # LS 4273; Thence along said West line run North 00'34'06" East for 490.98 feet to the North line of the Southea.')t 1/4 of the Northeast 1/4 of Said Section 12 which is marked by an iron pin with Survey Cap # LS 4273; Thence along said North Line run South 89'56'55n East 443.00 fectto a set iron pin with Survey Cap # LS 4273; Thence South 00'26'50" West for 490.08 feet to the POINT OF BEGIN'"NING. Above Described Propelty Jies in the Soutbeast 1/4 of the Northeast 1/4 ofSoction 12, Township 51 South, Range 26 East, Collicr County. Florida and contains 5 acre.s mOre or less. (10407 Greenway Road) RECORD AND RETURN TO LAUREN BARTLEY Vega. Brown. Stanley & Burke, P.A. 2660 Airpon Road South Naples. Florida 34112-4899 Agenda Item No. 8E JU~~J41 UK: Jlll ~u: ~~8~¡~~~ oeOOID 1. OfneIll neoos Df COUIIl coam, n 10/.2/2002 It 11:0'11 ÐfIGIT I. .IOCI, CLIII COIl 110m.... DC m u.s. DOC".n 1122.41 Property Identification Number: 00737400009 let.: RGl STULlJ IT AL P!CI lIP Prepared without pimon of title by and after record' g return to: Douglas A. ·s. Esquire RoelZel & ress. L.P.A. 850 Parle ore Drive. Third Floor Naples L 34103 239- 9-6200 File 'umber: 032160.0003 (Spire Abovc Thi. !.ine For Recording DaIA) WARRANTY DEED This Warranty Deed made this ~ day of <'FPì£MðE.R .2002 by The Gllbros Compan)', an Ohio general partnership, whost post office address is 5841 Broadway Avenue, Cleve]and, OH 44127-1716 (singu]arly or collectively "Grantor"), 10 Dan King BraInard, whose post office address is 124 13th Avenue South. Naples. FL 34102 (singularly or col1ectively "Grantee"): (Whenever used hcn:in the tenns "pnlar" .nd "grantee' include .n (he partics 10 this instrvment and Ihe heirs, Icpl rept'CSCnlltÍ\'CS. .nd assigns of individuals. and the successors.nd assi8l's of corporations. trusts and truS(ccs) Witnesseth, That the Grantor. for and in consideration of the sum ofTEN AND NO/IOO DOLLARS (S]O.OO) and other good and valuab]e considerations, receipt of which is hereby acknowledged. hereby grants, bargains. sells, aliens, remises. releasts, conveys and confinm unto the Grantee. all that cenain land situate, lying and being in Collier County. Florida to-wit: The South ]12 of the Northeast ]/4 of the Northeast 1/4 and the South 1/2 of the South 1/2 of the North 1/2 of the Nonheast ]/4 of the Northeast 1/4, less the East 30 feet thertOf, Section )2, TownshipS) South, Range 26 East, Collier County, Florida. Together with all the tenements, hereditaments and appunenances thereto belonging or in anywise appenaining. To Have and 10 Hold. the same in fee simple forever. And the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grartor hereby fuI]y warrants the title to said land and will defend the same against the ]awful claims of all persons whomsoever; and that said land is &ec of all encumbrances, except taxes for the current and subsequent years, zoning and use restrictions imposed by governmental authority, restrictions and easements common to the subdivision. and all outstanding oil, gas and mineral instruments of record. if any. ]n Witness Whereof, Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: The Gilbros Company. an Ohio general partnership Ifl-u )/j,~ Witness Name: ./"'.:>t.N-"'¿"/ t-v t.v.-It: ~".J S,;(' ':[1.1.)"1; AC"tl'T)/?;r¡.rl Witne~~ Name: _ ' . . . . By: RF:ç:ORD AND RETURN TO LAUREN BARTLEY Ve !a. BrC'wn. Slrtnley & Burke. P.A. 2660 Airpon Road South Naples. Florida 34112-4899 Agenda Item No. 8E .June 28. 2005 tit OR: 3121 PG: ~223tW8 State of Ohio ) 1\ ) ss: County of L LJ'Ý/l.HCitZA ) The foregoing insnument was sworn to. subscribed and acknowledged before me this :J. ¿ day of ~é..mµjJ£¡¿ . 2002 by Charles A. Gillombardo, general partner of LCC Holdings, Ltd, general partner of The Gilbros Company, an Ohio general partnership, on behalf of the limited partnership and the general partnership. He lJd1s personalty known to me or L..J has produced a driver's license as identification. . oJ . [Nota£)' SðÍI]"-" 7 ';' '.':": I" . ' "... . ., I . . '/ :~.. . I~ hi ~.£ NotlU)' Public, State of Ohio Prinled Name: I;"'~ {.VVWU~~ M . ~ : ./ .. ".' :'.", . }.. ". I"~· .:,.\ ":? '·.f ~ ...~;~:":"~' .;. ", . , r . " '.': : 1 r ~. . My Commission Expires: DONAT.n wn r IAIlS: Notary Public, State of Ohio ~ Cty My Otrnrnllllon Expires AuÍ. 5, 200a' ÁOl JI }1..I /...6("~ Witness Name: /.Jð.~(.;" /.'" .·v/U,/fIrw'"~ J,c ·",s..,~ l\h~ j, ~ I' 11,,1 (. " Witness Name: Ui \-)1.:,,,' 1')[1 ""uti ,'J The Gilbros Company, an Ohio general partnership By: F & S Investment Company, an Ohio limited liability company, general partner By:#J ;;}J~ ~^ Carl F. Gillombardo, Sr., as sole member/manager State of Ohio Countyo( ~<"l"~¡{(':i4 ) ) ss: ) The foregoing instrument was sworn to, subscribed and acknowledged before me this ..2/-_ day of ..ÇÆì'I~6Æ'(, 2002 by Carl F. Gillombardo, Sr., as sole member/manager ofF&S Investment Company, an Ohio limited liabí1ity company, general partner of The Gilbros..-Company, an Ohio general partnership on behalf of the limited liability company and the general partnership. He lJ:éj is personally known to me or L-J has produced a driver's license as identification, Ii]" ,,-II J-Á j~ Lt~. :.2 [Notary Seal] Notary Public, State of Ohio Printed Name: ¿J¡)~./ w (MU,'~ SA;. " ~"""'.. ... :.:", ~~.:>~:i.'..··~ I:.~.:~...' "~' ~. ~ ·~~Y·.~ ~ :; . "''1 ; :,'\ '" ' ¡ ¡ , . :<. ·:~~:\,'.-d:!.:~~~;;\·~' , . t ~ .", #. 'III , ~ ; I :.. ~.., My Commission Expires: DO MALD ~MIS Notary Pubfic, State of OhJo, Cuy. Cty. My Commlllion Expires Au&. 5,3003 He - v'ttt 3319645 OR: 3472 ~tn~~~~~~ _ 11 Dmcm ... 01 CI&UII J&t~4 of 128 12/zt/2II) It 1':57U 1111. I. .-z, CJ.III lie: rD ,.. 1IIe-.7I .7t COfIII 1.. me 1.. lata: au t DmII 1117 , IIIIGIlft tnz ram_RUtH L_.. ....'.. ---."-' ..-." --. --.----..--. ---"- "---.--.-.-- -. --------- .-- - ..--" (SpKc.boTe til1iDe fw_ ttt 3303557 OR: 3452 PG: 3265 ttt DCGDID 11 ormw. DeoUS of comll coum, ß 12/11/2OU It l3:ml DIICII' I. .IOCI, CUll . COlI 1 D.O, DC rn i.Ol DOC-.70 .7t coms 1.11 Ilae I." MOOR ad Waksler, P.L. 1107 W. MariœAvc., Sui.1e 112 PuDIa Oorda, FL 33~SO (941) 637-19SS FOUO NUMBBR: 00'737400009 ¡¿¿~ ..$ 6.00 lata: L>~~ . 'lOti WARRANTYDE.n, POI DUlIn , .JU=<:-' <.D t:C I "11111 ft I , " 1H1SWARRANIYDBBD,ismadctbe Is.,. day~H!~imcBniaard.wIlOlOlddreaill24 0:.', d. ·~13· Ave S. ~P1ørida34102-7209 ("GøuIm")toBabitat I'or JbmuitJ' .rColUerCeIll1i1.Iac.,a nøddaCorporllt»a. wboIe IIdcIr. ÏlllS50 TIDIiami Tnil East, NçJea, P1arida 34113{"Gø11M"): (WIIerew:rused beniD. tbe1ams wGnntorl" ad "GnDtceI" åIc1Dðcall pcIier to this iùaCl....-t_ llebeia, 1IIpl&"I"'..-aIW..œ 1IIId.... of'iadiYiduall, ad lie 1IIGCOIIaQ'" MIip of COIpCIIatiou) WIINBSSEIH: That lID GøaIœ, b' ad ill CUIIIÌIICœÌDD of'lbo IœII ofTœ DctU.ø ($10.00) II1II 0Ibc:r JDOd" Y8Iub1eCCllllSidczatlœ 1OGDIIforillhad påclbyOrlá:c, dIcœceiptofwhiclaillxnbyllCbowJedp!.bantIy........... 1eD&,.u-. ---. =-. ~ mil cœdiøaI1IIIID dID <3Dmtcc, all that ecdIIiDJadsitaaœ, lyìD&1IIII1Iciq ia tboCoaaty oreomer. Slide ofPlorida. to wit: _11111.1:11 "d~--.w"""IIl·-1 w.j~~~~fx xx~~fdft~iHlHHdfiift:lKIftlrätil:~llmHlmfil1ftx u~iiñlkxx S'abjec::t1O ~ ~ __II ofrecord, if.,., ad axe. nNequœtto 2003. 11sis wcatprapcdy ia DCltibe bomaIed property orlboGraDlœ The GramDr'. hœœØd.ddRa iI: 124 13" Ave S., Nlpl_, fbB" :J4UIZ ,. TOGE"IHBll 'IriIh.n tile ~, Jm. ¡- ad Ipp\II'II:IamII dII:n:Io ~ ... ill III)'WÌIe "I'JICo....... AND Ibc GrIator hereby faDy wunIdI the tiI:Ie to aid JIad, 1114 will deCaId die AllIe apiDIt InfDI dIia or II penoDI~. IN WTl'NBSS WBEIlEOF, Orator bu ba:cœtu .ct his bIIIIIlDd IeIb 1bc day aad )Ur finC above wriItaL Sigaed, Sealed IIJ1d DcliwmI as to Each Grmtor ill the ~ of: V""'*'1'hi.s Deed is beiDa ~corded to show the correct V le8al description f property to be CODyeyed. The South 1/2 of the Northeast 1/4 of the Northeast 1/4 and the South 1/2 of the South 1/2 of the North 1/2 of the Northeast 1/4 of the Northeast 1/4, less the USALLERIDW fummflli011 (!CHtf't;r East 30 feet 1IY=::;«t;:asa ¡3rf'rl..s 3)1..110<1 thereof, Section 12 -......,-- Township 51 South STATE OF FLORIDA Range 1& East, Collier County, Florida. COUNIY OF COLL1EB. ) The foregoiD¡ lu.ob.....-.twu acbJowledpd before me thia ~ day of December, 2003, by Dan KID& Bralaarcl, whois~tomeorwhohuproduCed uidamfic&t»~ ~~qry' .p Mar 14 as 05:02p .UN/MÅK/l~/LUU~ Ul:~~ PM Habitat For Humanit~ 239 775 0477 CUA~rAL ~!Nï~K1NG FAX Ko. 239 643 4364 p.2 p .M.enda Item No. 8E .. UL!1 June 28, 2005 Page 65 of 128 COVENANT OF' UNJ]i'J.EÐ CONTROL Tbc ~ do benIw 1Well'W" affirm tbat we are ~,. simple titIcho1drn IIIId owœn ofrccord ofpmperty COIDIIIOIIIy knDwD !II ~o 11"1 œ7f'~~"""'" '. '. . Of:} 7oY" 7¿' lXX>k' (Sinai. addrr.ss imd City, S1D ad Zlp Q)do) IDð :Ie¡a11y desc;rlheð in.Exhibit A ~ ~ ~ pIOpeI1y deacribcclhcrdn Is 1be subjtact of..~ b ",,~y..~'.I"~S"' . . '. p1mDeðmait~~PUD)·aœiDg. Wt:hcrabydsjpam ~~/__~~,*,~.) . blpt rt.)I6.-atM thereof, . ibe Iep1 ........... of.. prapaty aDd aalDOh, '." ~ to}eplJy bÌJId an cnmt.r8·of_propatty-m tœ CODL'If;òf .-mc8æ~ app......À UI-drM1op-. Thia autImrity. . Ioc;ludea. bat ÎII DOlIimiIDd to, -die bIri1r& aDd ~ af qClltl to uaiIt tD -till ~ of app1icttiou. '. piau.. amnrs. -- IbIc1ies. aocc:IÞry·1DdNiu IlllliDe-Ippnwal en- the-... 'J'beie. ...,..~ will ~ tie- œIy IIIâty 10 autIIarizc dcvdøpme:Œ ICtivity OD tJIO JII"OPatY UD1iI web IÌID6 IS . œw or IIIIIIIIÐdod DO\I8IIIIIIt of 1BIifieii COIIIrOl is œ1Msrad..~~.. . . . 11ar: mclcniplld raoogiJÌ3ie tbc f011owiD&. ad ... be pjdcd ~ ill Ibe purau.it of ~ of Ibc : ~~ ~"Wil1 bë cinëÌopëaïiîd UoëI. ~-. tbcïP;nMiiiïjiiiicr-piA'~iQï aD coiidiiÌmis . p18ced·aa the dnaIøpmeDt aM an ............ema ... to by the appIicaIzt in CCIIDIIeCti= with tbe.-p¡.rmàd UIÙt de¥eIÐpmeIIt rcr.œin:. . 2.. 'Ib ~ '''I'''~~'' ~ bI:RiIa . JWpQUm. ti- __.~ wIIb aD. --,.r.oødIùœa; ~. IIIId II:ipUIaám m" at tho lima rJllIpp"OtIÛ 0111» .... p1a-a.. DftD if 1IIc pI"OJICI'ty is ~ so1d m "åoJc·OF _1*\ __lIId-lJDti &flaw or .....coYClllllt ofUDfled·COIIIrol·isdeHwncl-to·1IIIII nICOIdadby- CdIier Coumy. '.I3. A ~ tium:tbc-~of1œllpplUftdpùaøcr. fIIÏIIIre 1I.nxaply. lIB' ~ rœðhiou: or IdIpirda pmvhW I'ar.... the p1lnœd. unk ðcwIopmctI. ~ WiD 0IIIIIIitIdB . vlDlBdaD or""c Lmd ~Code; . '. . _ 4. All·__ IIId ~~ of fho pJ.med. .. donIl...,.~ 1IJII!IG¥Il1ñll be iWou.jlUllIdIDcl ÜIID ................ cid R:IIrictiaaa. wbicIt_ w.i.1h-*,,-""IOa-tD-¡uovW. ~_ J.À . _....~...... ~ MItivity within.. pllaDod _ dIwelapmàt ImIIt 'be rvMI.w with 1hoIc 1I:IIDI1I1d COII'ttfiœI . S. So m. .. tm.1»,--4 ~ iIr lint, CoIIiIr- Ooaaty _ 1Ip7.D a.- ~ ~~Ifaaøo w11It. tM 1I:Inu, ~ 1114 c:oaditialli of \he )I1IeDcd mút ~ .. equitIIbJc ra1icf . ~ to cc.apcJ 1:OUIpUIDcè. . 'lbe--.eo.y wiD- lICIt'... pa'ZIdtIt. ceditit;IU, CII'·IiI:easeI'fø ocøap,..«....,·ay-'pIEt'·af: the '" pI DDed ... ~ md the CIIauty may tfOp ~ ~...tiœ a~ ~ ... project Is bruIJcht ... ~~_of..-:~_ EU~H¡!Þ-· Ll F,..e.:.v NIII:M ."T . Pri1øId Name 'STÅTBOF~A) COUNTY. OP-coLI.IBR;). . swom.(.a~aul~~Wotrt~LðaY-or Mt1Vèh . .'1HI2tty Wq(J1i _ UL m.t . lIS k!~ .\1"iIr::-. L· ~~~.:..~. 'sa B. Lefkow Hi~¡.¡ Cornf!1I$$ior. # OD293446 ~ . . ~ Expires March 4, 2008 , , .' ....., T.-, 'MI. __. "* 1CIII4I5-7D'4 : QEtE\'JEO ",~R \ tj 100';) Agenda Item No. BE June 28 2005 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REOU~~ 66 ~f 128 1. NAME OF APPLICANT: Habitat for Humanity of Collier County. Inc. 2. MAILING ADDRESS: 11145 Tamiami Trail East CITY Naples STATE Florida ZIP 34113 3 . ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 4. LEGAL DESCRIPTION: Section: 12 Township: 518 Range: 26E Lot: Block: Subdivision: Plat Book_ Page #:_ Property I.D.#: 00737400009.00740480003.00740760008 Metes & Bounds Description: Please see following page for Legal Description 5 . TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM t8I b. CITY UTILITY SYSTEM 0 c. FRANCmSED UTILITY SYSTEM 0 PROVIDE NAME d. PACKAGE TREATMENT PLANT 0 (GPD capacity) e. SEPTIC SYSTEM 0 6. TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCmSED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) (8 o D D ---. PIn>~2004-AJi-6919 PROJECT #2004050014 DATE: 12/14/04 KAY DESELEM Appllcadon For Public Hearin~ For PUD Rezone 6/]4/04 LEGAL DESCRIPTION Agenda Item No. BE June 28, 2005 Page 67 of 128 ~.....-.-, 11IA T PART OF mOSE LANDS AS RECORDED IN OFFICIAL RECORDS BOOK 1689 AT PAGE 832 OF TI:Œ PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT TIlE SOUTHEAST CORNER OF SAID SECTION 12; TIŒNCE ALONG TIlE EAST LINE OF SAID SECTION 12, NOOOll'ZO"E, 2,743.15 FEET TO TIlE EAST 1/4 CORNER OF SAID SECTION 12; THENCE CONTINUE ALONG SAID EAST LINE OF SAID SECTION 12, Noo027'50"E 894.35 FEET FOR A PLACE OF BEGINNING; THENCE N89°56'55"W 1,361.53 FEET TO TIiE WEST LINE OF TIlE SOUIHEAST 1/4 OF TIlE NORTIiEAST 1/4 OF SAID SECI10N 12; THENCE ALONG SAID WEST LINE NOo034'06"E 490.98 FEET TO TIlE NORm LINE OF TIlE SOUTIŒAST 1/4 OF TIlE NORTIlEAST 1/4 OF SAID SECTION 12; THENCE ALONG SAID NORm LINE S89°56'55"E 1,360.64 FEET TO THE EAST LINE OF SAID SECTION 12; THENCE ALONG SAID EAST LINE OF SECTION 12 S00027'52"W 490.97 FEET TO TI:Œ PLACE OF BEGINNING; BEING IN TIlE SOUTIIEAST 1/4 OF 1HE NORTIiEAST 1/4 OF SECTION 12, TOWNSHIP 51 SOum, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINS 15.34 ACRES MORE OR LESS. LESS AND EXCEPT 1HE FOLLOWING DESCRIBED PROPERTY, AS RECORDED IN OFFICIAL RECORDS BOOK 2052 AT PAGE 812 OF SAID PUBLIC RECORDS; COMMENCING AT TIlE SOUlHEAST CORNER. OF SAID SECTION 12; THENCE ALONG TIlE EAST LINE OF SAID SECTION 12, NOool1'20"E, 2,743.15 FEET TO THE EAST 1/4 CORNER OF SAID SECTION 12; TIIENCE CONITNUE ALONG SAID EAST LINE OF SECTION 12, NOoo27'50"E 894.35 FEET FOR A PLACE OF BEGINNING; THENCE N89°56'55"W 443.00 FEET; THENCE Noo034'Q6"E 490.97 FEET; THENCE S89°56'55"E 443.00 FEET TO TI:Œ EAST LINE OF SAID SECTION 12; THENCE ALONG TIlE EAST LINE OF SAID SECTION 12 Soo027'50"W 490.98 FEET, TO TIŒ PLACE OF BEGINNING. BEING IN 1HE SOUIHEAST 1/4 OF TIlE NORTIiEAST 1/4 OF SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONTAINS 5 ACRES OF LAND MORE OR LESS. AN EASEMENT FOR UTll..ITIES AND FOR ROADWAY INGRESS AND EGRESS IS RESERVED OVER AND THROUGH TIlE SOUfHERL Y 30 FEET OF TInS PROPERTY BY TIŒ GRANTEES, TIlEIR HEIRS AND ASSIGNS IN PERPETUITY. SUBJECT TO EASEMENTS, RESTRICTIONS, AND RESERVATIONS OF RECORD. AND TOGEmER w:rrn THE soum HAlF (S-1/2) OF TIlE NORTHEAST QUARTER (NE-1/4) OF TIŒ NORTHEAST QUARTER (NW- 1/4) OF SECTION 12, TOWNSHIP 51 SOum, RANGE 26 EAST, COLLIER COUNfY, FLORIDA (LESS TIlE EAS1ERL Y 30.00 FEET THEREOF) AND THE SOUTH HAlF (S-1/2) OF TIlE soum HALF (S-1/2) OF TIlE NORm HALF (N-1/2) OF TIŒ NORnIEAST QUARTER (NE-1/4) OF TIŒ NORTHEAST QUARTER (NE-1/4) OF SECTION 12, TOWNSHIP 51 soum, RANGE 26 EAST. COLLIER COUNTY, FLORIDA (LESS TIlE EASTERLY 30.00 FEET1HEREOF) CONTAINS 26.41 ACRES OF LAND MORE OR LESS ADIJUcatio. For PubUc Heuinll For PUD RezoDe 6114/04 Agenda Item No. 8E June 28. 2005 Page 68 of 128 7. TOTAL POPULATION TO BE SERVED: 184 residential units 8. PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK 42.504 gpd AVERAGE DAILY 28.336 gpd B. SEWER-PEAK 23.920 god AVERAGEDAILY 18.4001?,pd 9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: June 2005 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 affluent 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 permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting,. if the project is to receive sewer or potable water services ftom 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 Provlsioa Statemeat RJM 10117/97 ÁDDicatloD For Public Heariu For POO RezoDe "14104 . , "~ Agenda Item No. 8E June 28. 2005 Page 69 of 128 COLLIER COUNTY GOVERNMENT· ol/¡~ ;PUBLIC UTILITIES DIVISION 3301 E. TAMlAMI TRAIL NAPLES. FL 34112 (94) 732-2575 FAX: (941) 732-2526 Sandra Guajardo Wilkison & Associates 3506 Exchange Avenue Naples, FL 34104 ¡ffil In n! ¡,nl W02 6"" ~dV JU!¡ .,.: h ' fr" ! , If J !. :." H ."-:-i~ Þ n ~ ~ .u d I': ,..~ . \\ II 5 51 í\.1·' i.·~··:~:.:~:J._~._~.!-' ~ ~.~J April 5, 2002 Re: Greenway Road - Affordable Housing Rezoning 'Habität for Humanity of Collier County, Inc.. Water and Sewer Av8.i.lability DeaxMs. Guajardo: Water and sewer service is available for the above referenced project via existing lines along U.S. 41. If this project is not to provide the required Collier County Utility Basements (CUEs), all sewer,facilities shall be owned and inaintained by the owner. his succèssors or assigns. If .' this project is to provide the required CUEs, :all' sewer facilities shall be owned and mainUùned by Collier County Public Utilities. All on site water facilities constructed within any multi-family tracts. clubhoUse tracts, commercial ·tracts and common areas shall be owned and maintained by the owner, his successors. . or assigns. This project s1J,a11 be equipped with a master meter and appropriate backflow device. All water and se~er within thiS project shall be owned and mainUùned by the owner. his suCcessors or assigns. . Tie-in.to water aJ,ld s~er lines shall be:made after.submi.Ssion and.approval of the hydraulic c81èu1ations by ,Engineering- Review Services, showing that the downstream . systems are adequate to handle the increase in flow. . The District will be making phased expansions to the water supply. treatment and µ:ansmissioil facilities and sewage transmiSsion. treatment and disposal facilities serviciIi.g the area in question and other areas of the County, based on demands within the system and othe.r:binding commitments. These expansions should provide sufficient , . _~ TeobIA'NIhoIIIIIqIA~11Ir u. Agenda Item No. 8E June 28, 2005 Page 70 of 128 Sandra Guajardo AprilS,2002 Page 2 capacity to supply the referenced property's anticipated potable water and sewage treatment and disposal demands and the remainder of the Dis1rict's committed capacity. However, no guarantee can be issued that other developments throughout the Distrlct will not have an inipact on the quantity of potable water and sewage treatment and disposal capacity available to this property until each phase has received a commitment for service. Connections are also subject to the availability of water and sewer capacity at the time for:ma1 application is received. Should water supply or sewage treatment and disposal capacity not be available, the Developer wou1.d be required to provide an interim means of water supply and 1reatIrient and sewage treatment and disposal until the Distrlct's facilities have the adequate capacity to serve the project. Please note that any and all improvements that you construct must be in.accordance with all applicable ordinances and policies, includ.i:i1g the payment of impact fees. Should you have any further questions, please feel :free to contact me at (941) 732-2575. Sincerely, ~q.Q~ Barbara DIko Admirristrative Secretary cc: Steve Wander, Engineering Review Services G:~ TOObfAVllbobiulJ/AVlllalllllq ~ . .' Agenda Item ~ ~c". June 28. 2005 Page 71 of 128 ~ Sprint Box 2469 Naples, FL 34106-2469 February 28.2002 Ms Sandra Guajardo Wilkison & Associates, Inc. 3506 Exchange Ave. . Naples. Florida 34104 . RE: Availability of Service I Greenway Road - Affordable Housing Rezoning - WA #0167 Habitat for Hu,...fttty or CoWer Couø.~t IDe. SEC 12, 1WP 518, RNG 26E - Collier County, FL Dear Ms Guajardo: In response to yC?ur letter dated February 22, 2002. Sprint-Florida, Inc. will provide telephone service. upon request, to the Habitat for Humanity. located on the west side of Greenway Road In Naples. Florida. Telephone service will be provided based on the rules and regulations covered in our Local and General Exchange Tariff. ápp,roVed alid ön flle with the Florida· Public Service CommissIon. . .~.. ~. . ,'. .' . I . ...' " " '. -. : . ~ .:. : In order for us to meet your service expectations and provide for the timely installation of access facilities, we need your Cooperation. art the following items: 1. Sufficient Utility .easements, as agreed to by Sprin~-Florida, Inc.. for construction of communication facilities must be recorded either through incorporation with the recorded plat of the Habitat for Humanity. . development. or In a manner as may be recorded In the Public Records of Collier County, Florida. A . minimUm 10' wide uUllty easement al!>ng the cable route to be provIded by developer and a 40' X 40' easement may be required for switching equipment 2. Provide a full set of construction plans and diskette (DGN fonnat or AUTOCAD version 14 or lower) furnished to us at the same time as plans are sent to Florida Power & UghtCompany. 1. 3. All utility easements, rightS-Of-way, road,ways, etc., over which communications construction is necessary must be within six Inches of final grade, clear of debris and lot IInesproper1y staked and Identified prior to communication facility cònstructlon. NOTE: Staking to Include gr:ade elevation. 4. Clearing, gracßng and staking Is to be maintained by the developer during Sprint's construction activity. 5. Deviations.to our standard construction procedures from the above, resulting in additional expense to Sprint- Florida, Inc., elther·during or after còmmunicaUon facility construction, will be appropriately billed to al1d . borne by th~ developer. . .": 6.Roa~ crossÎf1gs provided and placed bydevelop~r at locations indicated by a Sprint-Florida, Inc.'s .;-" rép'~~I~: SPri.~-Flo~da,·ln~: ~II pro~lde..~arke~~ ....... .:..... '.,. ,.... . 7. Sprint-Florida, Inc. shall not be responsible for seeding/mulching disturbed areas of the utilitY easements. 8. . Notify Sprint engineering a minimum of 90 days in'advance when telephone service will be required within this area. Agenda Item No. 8E June 28. 2005 Page 72 of 128 February 28, 2002 Page 2 RE: . Greenway Road - AffOrdable Housing Rezoning - WA #0167 The following criteria must also be met for any multi-family or commercial building: 1. A 4' X 8' X %" plywood terminal board must be securely attached for mounting of telephone hardware. 2. Entrance conduit to be run from the property comer or utility easement Into the mechanical room with no more than one 9O-degree sweeps. Size and location to be determlnéd by a Sprint-Florida, Inc.'s representative. 3. Access to the power ground (MGN) within five feet of our terminal or placement of a No.6 Insulated copper ground wire. . . ·4. A single run conduit (3/4 inch suggested) or access route from. each unit to the location of the telephone termInation point. . 5. Conduit and equipment room to be completed 30 days prior to Certificate of Occupan.cy date. These requirements are necessary .due to the tremendous growth within our serving area and SprintlFlorida's use of.advance technology. Failure to comply with the above mentioned could result In service delays to this development. . Please sign and date the acknowledgments provided below and return it In the self addressed stamped envelope Included. If you should require additional Information, please contact. me at (941) 263-6222. . Sincerely, ~ Walter A. Alvarez Networft Engineer I - E&C ~ ; WAA:ns c: Chron File 5"411A~) . p¿;~ Ih:==~Of~Œ~~~. . / ~,l:?'$& ~ Daœ Tme -----""----- , '.I '?( '" 1(, ," ( Agenda Item No. BE June 28, 2005 Page 73 of 128 COmcast Cable Communlci!ltr,· .: Inc. P.O. Box 413018 Naples, FL 34101 @omcast March 21, 2002 Wilkison &. Associates, Inc. 3506 Exchange Ave. Naples, FL 34104 Re:, Habitat for Humanity/Greenway Rd. project To Whom It May Concern: Com cast has reviewed the site plans for the above referenced property and find that the utility easements provided are adequate for the pfacemEmt of our broadband facilities. If I can be of any additional assistance to you regarding this project, p1ease do riot hesitate to call me. 732-3816. Sincerely, M~ Barb 'Bradford . Project Coordinator bb .,.. " , I ! ; Agenda' Item No. BE June. 28, 2íi~~ ' Page~~f IUI.o ,T~~ ~~; ~ R£c¡G .- ." , i J;~ ~~ ~~~ ,ç ReS . ,EAST NAPLES 'FIRE PREVENTION BUREAU, . .~,. . 4977 East Tamiaml Trail Naples, Florida 34112 MarCh, 11,'2002 ! 0 ~©¡gnW~'-ü'~J ¡ , I ì , . If . . .' I' MAR 1 3 2002' J I Sandra ,Guajardo, Project Manager Wilkison & Associates ' , 3506 EXchange Avenue , Naples, Florida, 34104 ~ ()/b'l"'(!.' Dear MS. Guajardo: ' In response to your letter dated February 22, 2002 this is to confirm that the Eas~ Naples Fire Control and ,Rescue District ~ provide ~ervice ,for the following proJect:, ' ' , , , " ' , ' GREENWAY ROAD, AFFORDABLE HOUSING REZONING HABITAT. FOR HUMANITY OF CC, INC. Si2ff51S/R26E ' COLLIER COUNTY, FLORIDA . ' , ' ,If Icanbe of any further assistance, please don't hesitate to give me a ca.I.1 at 774-2800. . "'~h ' , u Th·. er, Deputy cruef }I po e Preventión Bureau ,. ,¿ '. , PH: (941) 774-2800, Fax: (941) 774-3116 , \, ----~~--------~-_. ----- - -------- - -- ------------- , ), Agenda Item No, ø6. '/""4: June 28, 2005 '. . Page 75 of 128 > ' e I=PL 41i1S 15th Avenue S.W. Naples, FL. 34116 FAX 353-6082 February 27, 2002 Ms. Sandra Guajardo Wilkison & Associates. ,3506 Exchange Av. Naples, FI34104 ~, To WhQfl.1"lt M~y. Concem:' , FPL will furnish electric sarvlca upon request to you'r project known as GreenwÇlY Road - Affordable Housing Rezoning, Habitat for Humanity of CoUler County. Inc. Electric service will be' supplied by FPL to the customer, based on tenns and conditions' outlined in the G~heral Rules and Regulations for Electric Service as approved by the " Florida Public Serviœ Commission. ' , Please provide the final site plah, site survey and electrical load ,data as soon as,possible so the necessary engineering can begin.' Enclosed, you will find a 20 item check list to aid in the organization of Infonnation n'eeded by FPL to design service to your project. , " , ' Early contact with FPL is essential so that resources may be schedul~d to'facllltate . . availability of service when requ¡¡'ed. ~fyou have any questions, please do riot hesitate to contact me at (941) 353-6040. .~;~ ~~~;~n . Customer Project Manager-FPL r..--..' . .~.~-,~.. _1 ,r ..... ræ © 12 n ~,7 ~.q .. ~ , r,I15 ~u w~.J !\\¡ an FPLGroup Company , ;.. . -- "/ rurprf.- Agenda Item No. 8E . June 28, 2005 Page 76 of 128 . Items below arc reaafred by F.PL to Ðroceed with th~ deslm work forvotlr nr.oJeet! I. _ COpy OF PLA.TIPI..AT EXEMP'Ï'1ON {SHOWS ~OMID"R.Y {LOr SIZES I P C's, I!TC. ) 2. _ ¿~P'l OF .)~! CB SHOWING HOUSES ON nmLOTS (IF ZERO LOT L1NB DESIGN) 3-. WATER.~ SEWER. PLANS 4. ~ :PAVINGANDDItAlNAGEPLANS " S. DBNSl'I'V J UNIIS PER ACRE I ADDlŒSS PLAN 6. _ C.A..D. D¡¡)J.,t:;! u:. ~ B-~ CAD. filo to (a1icol"fl'OJford@fþ1.00m) 7. IlUUPMPS? #QFpMPS HPO'P'PMPS VOLTAGE DAT:ERBQUJlŒD "1 - -.' - - - &. _ IS'I'!lElŒASEWBR.L1FTSTAT10N? SIZE1NH.P._. VOLTAGE_. ~. _ . GUARD GATE? ~.sEP~m SERVICE iocATrON___? 10. ST.RBET UGB'I'S ? cuStOMER. OWNEr;.? FPL:OWNBD fofNsTAlLBD? LOCATIONS 1 . . 1 L _ SlZB OF HOUSDITOW:NHSB IN SQ POOTAOE? SJZES OF AIC? _ TONS ---.,,;.. TONS . . . 12. __ HOWMANY'D'IFF'ERENT TYPE OP'MOD'ELS 'I ~ 13. _ CONS'IRUCI'ICJNPåwBR? sBRVICB.FOR. CONSTlUJCIIONTRAII..BB:_? .' . . H.' --=- IS 11m PROJECr OOING TO BE PHASED 1 15. -'- DOES COST WA'NTT01NSTALL ANY OF THE PVC FOIl THE BACKBONE? ... 16. _ WHBN WII1.1tD BE ROCXBD 'I gJS'I'18 RESPONSD$LE FOR. INSTALL ROAD XINCS . . 17. ~ COMPIEIION DATss FOR MODBLS I HOtJSEI SEWER T.YFr (WHAT IS mmDBD FlRS1j . 1&~ _ CAN·CUSTOMER."SUPPLY~JNADDmONTOWHATSONPi.AT? J~. _ CONI'ACf NAMES INUMBBRS fOADEVELOPEtts srœ SUPER 1 Bi.EcrJaCIAN 20. BL.ECI1UC SBIlVICE TO SALBS 'ŒAILBlt CANNOTBB SERVED UNTILALL FPL ÜÑJ>1!R.GR.OUND FÂCIIJT1BS ARB INsTAlLW). FORADVANCB saV1CE, SP1!CIAL ARKANGBMENTS MusT BBMADE. " " " ..... NOT ALWAYS AN OPTION... DEPENDS ON FP-LCREW ltSSOURSES Agenda Item No. 8E June 28, 2005 Page 77 of 128 .. UNITEDST4TES ~ POSTI!1LSERVICE September 21, 2004 P1nD~2004-AJR-6919 PROJECf #2004050014 DATE: 12/14/04 KAY DESELEM Robert A. Andrea Coastal Engineering Consultants Inc. 3106 Horseshoe Dr. Naples, Fl. 34104 Letter of no objection, King Acres, Habitat for Humanity Project, The Postal Service has no objection to delivery in your development, pending the·mode of delivery in which we will establish in accordance with your approved P. U.D. \, Sincerely, ~~ShL Bob Skebe Growth Management NAPLESMAlNCA'ICI! 1200GOODLETTE RON NAPLES. FL34102-81M18 ---_._._----~~~------- - <& . ì (i) PRE-APPLICATION MEETING NOTES Agenda Item No. 8E June 28. 2005 Page 78 of 128 ~ PUD Rezone o PUD to PUD Rezone ¡{-sqO S Date: l1\lt..ÙÙ'+ Time: 2',30 Firm: ~ ~Gtt-.\~~G- Projed Name, f-e..¡1...~..!..¡" ~; ~ Ac.t-~S" -.;" II <O.~ (~.J...a Iø.. .Add ( 0$1 '" Applicant Name: V \~c,E.. CA.1J't""E.1ZD Phone: ~4-3-.2.3 2.4_ Owner Name: \-\ Q.'o'rt"o...t ~r ~\Jmð-ñ ~ ~G, ,4- k- G~~y ~ . Owner Address: Phone: _ Meeting Attendees: Planner: KA-< ~I...E'H SEE ATTACHED SEPARATE SHEET Submittal Requirements (refer to application for additional requirements) ) { 24 Copies of the following: ¡a Completed Application 181 Pre-application Meeting Notes ~ PUD Master Plan 24X 36" and One 8 V. X 11" copy ~ PUD docwnent 2 Copies of the following: g¡ DeedslLegals & Survey (if boundary of original PUD is amended) ~ List identifÿing Owner & all parties of corporation (81 Owner/Agent Affidavit signed & notarized IZI Completed Addressing Checklist ~ Completed Covenant of Unified Control 4 Copies of the following: ~ Environmental £mpact Statement (ElS) 61 ..a.; ."', 8J Historical Surveyor waiver request I8J Utility Provisions Statement Wf5:l(8tQR8~ . . NA Architectural rendering of proposed structures .. NA Architectural Review required ~ Survey, signed & sealed 181 Seven (7) Traffic Impact Statement (TIS) or waiver (S e- 1- M ~Jc::'¡o ð y f?'l~i ~8 ) ~ Five (5) copies of Recent Aerial Photograph (with habitat areas defined) min scaled I" = 400' ~ One (1) Electronic copy of all documents in Word format and plans in IPG fonnat (CDRom or Diskette) PUDZ-2004-AR-6919 PROJEcr #2004050014 DATE: 12/14/04 KA Y DESELEM on the county approved fonn Fees: FEt::$ - Application Fee: .g $10,000 + $25 per acre (plus Property Owner Notification fees [see below]) ÐP... - A~ IN EFFEC\ NA . $8,000 amendment AT,A..CT1)AL.. SVßKI Tt" A.L.. . rg¡ i Æ $150.00 Fire Code Review $2,250.00 Comprehensive Planning Consistency Review $500.00 Pre-application fee (to be credited toward application fee ¡fsubmitted within 9 months of pre-application meeting. $681.00 Legal Advertising Fee for CCPC meeting (to be reconciled upon receipt of Invoice from Naples Daily News). $205.00 Legal Advertising Fee for BCC meeting $1600.00 Environmental Impact Statement review fee * Property Owner Notifications $1. 00 Non-certified; $3.00 Certified return receipt mail (* to be paid after receipt of invoice from Dept. of Zoning & Development Review Fee Total S?trÄhJve. (~ sdu.cbu.l..a- ~ .s.t.\.~'fv\\%~of. --...--.- - "--- . , Agenda Item No. 8E June 28. 2005 pa,ge 79 of 1,8 H~ I +. f~nt, ~ Meeting Notes R5f 5I~)fD -PUD fA/' Su~~ -k> 19b + U¿$ , '" crvv- P \o\.ø.~ ~ s}f If e-v..:,{, ft. s~ o..s ~ ~ Fu f I £ IS 1)1 lot S +- ~ F()~ fiihcL pM' QJ1j.vJ- '*'þ~usr ~~ r~ v..i CLJ-cL...J1a.c.. ~.J~_ ý'P10 ((Q.JMß1A1tS --S~ Lu,~- tJ.~ Y\t»J ~",oJ- F"L5) ~k oJ:- h~~M t (e¿j(D~ -\-0 o-r~ \-\0..10 lb:!- . (r "" LL. _,- VV\.us+- ~f" 26 .. fO ~ vacl&:.<; . At ~ £:1 I U r·~.r -.wJs .ç·lrt.. I'I\~ or VY\(j no-\- ~ ~ðY\.:J c.c. f'Y\d(...iut~V\CZL c>.f- Gr~w~ U, ~ NwA T($ J¡ seW ulL., t---u.~~otð~ ~'1 11 S ~-r o.J.ð(~'h CoM.e ('\Q..4A.".. '50S Ù.t.~. ;t.) e.k..c..k.. ","va., \.0.1;\ ~ c.~fO-c:., ~ of' US 4-( H\~~a.uJ~ - ~ \5' µ\.....\ lS ~ \l..ks ~< l s" ß .$ \ of. (1 lJ \ f...& \I iY I l lc::rl\. (ë:)Q.o. u..') ~ LOJ-t~... rv..os.'¡'" ~cU. tee.; c; - ~ J\UÀ J..o ~ a... cJ.,...o-to..h..cm t-o G lu. y 4...- ~ ff..¡ 5 ;k ,'n .ç \ '('SJ.;- 'f \.0. ~ J&tY'\ TOu.f'cla..u....~ .ba.~ ~I~ tJ:( (~UcJl~ ~ ~·fç.\.~ CjJ~-5 h~ð")'\ ~ ~ V \ ~ C-Q... \ Wou.lct ~ :J.. ßoY"\US du~\~ U;I~ ~ AJ.(1).ß (x:>(rra.c. - ~'o~lt À~D.e»A S\t'Y"\v.\ t-o.Y1.£OUS~ 'vi {fl'UJrI..fL-. ~~-\)~~\~ w\~\ 'rP0~- 9o.(~ ~ ~~IJ\Oú> a..c\ïc:r,...., 1l-¡-1V\..""-......n..~a....~ ~ (~<! ~ or:- 23(" . ~~¡J..4./" ~.,."cS &.:. (>f4..U\O'-'-S c... '-vo5 ~ ~~~. l\"'~L ~ (=>"Q)\J\W ~\~ \~ç<lMCJ,~ ~k;' 1f- G:\Current\Pre-App forms\PUD pre-app.doc Revised October 15, 2003 -"-.-" -----.-- -------------- Meeting Notes Agenda Item No. BE June 28, 2005 Page 80 of 128 ~. ... R9ffit r't\Q~ Þ:O\J~ck. Sopo.fO.k. I;~ of d,QOla.h0"\i\6 as ~ar-t- £ -:p U D 'S h \1, \ f-s c~'¡" LQc See. urn. -ti..a, ¡-- -he- (~Ulft~, ~rCI1'tCA~ wkr ~~ !i!.,(-t& as oÞCo./ler ue.,. ~ ~~"(""-k- ~ #fSf- be- p.:; -ld...&.¡.e¿ j u4r f1<2<¿; ~ d..IlI..-hÒ1 :J¡;¡ !1\.4 t:!k L.LC. \'(]~ of (, 9-\1\ (~ ~ 0 ~ F6~6:' flf1). .fI'k,.J4<i1..$Zrf!) ~"c.. - c;¿ "" I-- /ðÞ ',pH _ ~:;¿þ ..,~~ - - [Ir / £A-C - f'to;:~lIir;~f,,/:jl¡¿Ii-Af¡¡#f: INCllltlli ,# s¡;:¡- ;: ~ ux.. 2 of. -z.. ?o 5"- N€./"'H~ ~ooD.' ¡.Iff, M:1l$-. t _ . ~'": '(Sf ~G- Ii ~: A~J2~~s GM Ii> I TI'4« sl<<J.r'¡'~.I.~:;;'3 'is..' ~ ~ ~ -* ¡w.¡ ~ 2·"f·a.v1~ ~ ø:: :3. ì)I~~::::::: ~"':(íC2)~",~ '. ' - . . c> 'R.c>. k£ ;,;;, . To ........ . t . '", T~ _Œ :: . 7é A rr"¡ t-; COr\j t' sf/ó1J ?v7l~~~ Rj - / ..- 3 DLI!1'l - A1 HD~ ..t.... ~ ~.v,-,"o vvl ~_ p/J., (é 2.cI~ 'P~~..., Q. . _ G:\Current\Pre-App forms\PUD pre-app.doc Revised April 2004 -./ t ~ )en¡!a Item No. 8E '" "-... -J <;:) ~une 28, 2005 0 v ~ '¡) age 8 of 128 'J \.: ~ ~ b ~ ~ . - .... -- ....... , .. - v ~. ~ Q..I :) ~ +- V ~. (1) ça¡ c: c:J -> IJ ~ 0 \¡ Ï1 .. 0) -6 t .... ~ ft) .~ C ~ ft) 0 ~ ~) ! u ð , - "C @) f!) J <. "C E C ~ ....... as (1) -D .-, i -' - (1) .' ....... 1; ~ ~ ( (1) ~ E "0 \.. .. ~ I >- c) 0 W 0 { ~ ~ ~ to- ~ ~.......J ... - ..'l ~ " CD <J n.> ~ .Q ((S --<'» Z E ~ V1 - ::s C") \-.s! l\II Iii ~ tJ) Z ~ 1 ('1\ 1&1 CD ~ N :IE ti c N n '"') I (0 0 ~ ~:: "" 1&1 J: C") i ~ z :c 0.. £:!. 0 en f) - Z ~ = - Z I\? i: u 0 ~ cñ (1) - '> ~ CD (1) I. æ ~ E +- "2 as c: (1) ... Z E ~ 1&1 ft) a. ft) 0 a= CD (1) II. c > .- (1) en a ::s "0 m c: N ~ .9 ~ C. !:e CD oð co C 0> "Ö CD - c: (/) c 'ë .;; 0 CD 0 ... .- N ft) - u .- V) 0 > w "'C! Õ 0 Q) u ~ c( CI) .r:: ~ ""1 ell . .) -- .S .~ ~ j ...J ... r: OJ ÆJ ~ CI) '7 IJ\ S '-.Ø ':,y '\ ï¡¡ .~ '-J c.. J ~~ {í ~ tV ¿ . ~ ~~ p è E % j ..... (1) c.. 0 (1) c.. ~ð: CD ~ 4= Q) ~ ~ - E 0 9- as >- Ii: -1- Z 0 ::.¿ . '~u_O~ILUU4 ¿C:qq bO~Of~Q ADDRESSING FRI/APR/09/2004 D8:33 AM COASTAL ENClNEERING FAX No. 239 643 4364 Agend~ N918E June 28, 2005 PPªDt 82 of 128 DDRBS31NG CBBausr Plcuc compJete!he tb11owDl¡ g JDbmit to the A.&keaiag sf:ction for ~C\1t. Not 111 itam wiI1 f w.h.m II'\It:Iy ~im.· ItemR in bold tvDe are reqnirad. . . 1. Legal døeripdoø of subj89t.PJ:operty or properties (copy o/~ tlescriptitm mil}' bit atttl~ Please See Attached . - ~ CL.t S Î,"1 r s.. 'g 4- ~ ( ?~ - 51 - ê..c. :> 2. Folio (Propeny m) muaber(s) ofsbove (attadt to, or ll880alate wttJa, kgtzl dacnpt£tm tj'morc Juzn ørre) 00737~ OQ7404RÒOO3 and 007407600Ò8 . 3. S1rMt adcke6s or Idcheøet (Q.J "l'.PIICQble. if alrwø4y cs.rignsd) , 10401 and 10407 Grcâ1wavRoad.. Naples. Fl. 34103 4. Loœft.ou Jiulp, ~ ~ location of prnjectllite ~ relation to nearest pubHo~~,. fJjf (atIIzelr) S. Copy oflU(Vey (NBBDm> ONLY FOR UNPLA'ITBD PROPERTŒS) , 6. PropoIed project ume (If Q]1JJltcable) . K';II~ ACleø - ~c.. -t k1Q tY\ I k)o-\ tl.þ.þ(b"u:J~ Is. Q~ ~u. ~ d. 7. :r:t,~ Street ni.iDiiër appliotJbls) W~ - 8. Site D~Þ:!.II1 Numba:' (pOR EXrSTING PROJBCI'SlSrrBS ONLY) SOP . :. 9. hduon Type - (Complote a ~ Addreamg O1cddist for eød1 Petition Type) D SDP(SiteDewlopmctPhm) . § PPL (1'1aaa&P'latRevieW") .' . ~ SDP A (SDp .AmeodmCDt) . psp (P.rd~""in"l j SabdtVision Plat) . . SDP¡ (SDP'fæabB1aD1åt ChsxIge), . 1:11' (Pinal Plat) m (Site ~Q1t PX~ ' 0 LLA (Lot Line AQi1lSttu.eiD.t) SIPA (SJl' ÂmeDdmeDt) . § BL (B1~ Pczmit) SN1(StreetNazne. C\aDp) ROW (Risht-of:.W81Pemrlt) o VaptatiODl.Bxotic (Veg. Rcmova1 tJ=n&) BX1' (Excavationpemû.t) . ~ l.Qd uSe Petition (Varlance, ConditJotlIJ. Use, 0 VRSFP (Yes. ~va1 & Site pm ~eamt) Boat Dock Ezt., R.ezOD.c:. PUD ~, d:c.) o "Other - Deøcñbe: 10. Project or dcvdopmeat J:2Imel propoBCð for, or t1rcId1~ia, OODdomiDium docam~ (i: ;- awHcable¡ indícåte whetberproposed ~ ~ N/A 11. Pl_ Check ODe: [<1 Cbcçk1Øt is to be Faxed Bade 0 Parson~ PidœcI Up . 12. Applkqt Name Vincœt A. Camero, AlCP PIt... (239) 643-2324 Bxt. 120 Fu (239) 643-1; 43 19. Signømre"On A~ Ch~st does DOt ~ Project edlor Street NÃQÌc approvaI mK1 ÍI sabject tõ tbrt1u:r re\'Ïew by ihe ~ Section. . . :ro.RS1'A.:F:PtJS:£ ONLY' P.rim.cy Nu:cnbèr Ji'D5, Address Numbft.J..i' ~ Address Nmnber _L ~ I .Aðdrats Number .Approved 'ay ~~.A ' !'t7.Aïtn -. Date U; _ rz.. _ ~ &ni.ted3-21-Dl " Agenda Item FagfBll of 1 June 28, 2005 Page 83 of 128 DeselemKay From: murraY_5 Sent: Tuesday, March 23,2004 12:19 PM To: DeselemKay; monroig_i; martin_c Subject: FW: PRE-APP REQUEST ----Original Message--- From: Webmaster Sent: Tuesday, March 23, 2004 11:06 AM To: murraY_5 SUbJect: PRE-APP REQUEST The following Pre-App Request was received from our Web Site on: 03/23/2004 at: 11 :06AM CONTACT PERSON: Vincent A. Cautero, AICP TELEPHONE: 239-643-2324 REPRESENTING: Habitat for Humanity of Collier County, Inc. CHECKED REQUEST ITEMS: PUD THIS REQUEST 18 NOT FOR A COMMERCIAL BUILDING LOCATION: Section 12, Twn. 518, Rng. 26E, Grèenway Road ZONING: RSF-5 ADDITIONAL INFORMATION: we are hoping to get in within three weeks but if there are any cacellations and we can get in sooner we are ready to go at any time. Thank you. Click HERE To Assign a Planner or Edit the Record. 3/24/2004 ... - 0\= -= ~:g ,... g::g...:s '<Ns;er;;.¡ ..,J.~"'...J =e-~r;;.¡ C>UNI;IJ N -r;;.¡ N::;~Q §Oe-.... ~f~~ o Z·I 0- ;::, a:::~r:: <WT W-''- a::W_ Agenda Item No. 8E June 28, 2005 Page 84 of 128 a z_1 0- ~ u ",,>. OWT --''- Vlw _ a z-' o- f-~. II 6>' Ed~ Agenda Item No. 8E June 28, 2005 Page 85 of 128 NEIGHBORHOOD INFORMATION MEETING (N.I.M.) DATE: 2/24/05 TIME·: 5:30 P.M. LOCATION: Habitat For Humanity Conference Room, 11145 Tamiami Trail East, Naples, FL '- SUBJECT: "Regal Acres" Habitat For Humanity PUDZ-AR-6919 *IN AN EFFORT TO CONTINUELY IMPROVE UPON THE PUBLIC NOTIFICATION PROCESS, PLEASE INDICATE NUMBER: HOW WERE YOU INFORMED OF TODAY'S MEETING? 1. Mailing 2. Newspaper ad 3. Other Address Survey # I t.f ð /) CfÛ·,·i R.IlE r- L fJ 3 <I ({ 4- . i. tJ, .::tI' I . ~~7ú/ RE-SUBMITTAL PUDZ-1004-AR-6919 PROJECT #1004050014 DATE: 3/15/05 KAY DESELEM Agenda Item No. 8E June 28. 2005 Page 86 of 128 03.321 REGAL ACRES NIM NOTES Œebruarv 24. 2005) Attendance Kay Deselem, Collier County Planner Don Murray, AICP - Coastal Engineering Consultants, Inc. (Agent for Petitioner) Dr. Sam Durso - Habitatfor Humanity (Petitioner) Reed Jarvi, Transportation Engineer Clayton Miller, P.E. - Coastal Engineering Consultants, Inc. Rene Barnett, Environmental Consultant Don Described project, project location, and background. Comments - START Durso: The parcel that is on the corner of 951 that Don mentioned was originally approved for 380 units, but at a subsequent County conditions hearing, the density was cut to 280 units, and it is actually called Trail Ridge and that's a project we're going to start building in the next six months and it's been cut back to 240 units by us. The County is complaining because there is a lot of traffic on CR951, so we are taking those units away from 951 and bringing them farther away from 951 and we think the County Commission would like that. We need as much product as possible, the need for affordable housing in this County is tremendous and there is a need for 30,000 units of affordable housing right now. Habitat is the main provider of single family owner occupied housing in the County with a main person doing it. We are going to try and convince the Commissions to agree with us, and up to this point they have, to a point. But the original project made a few concessions and might as well put them on the record again. Habitat is going to be the one to run the water and sewer from 41 up to this project, we're required to do that. There is no sewer on Greenway Rd. so we are going to put a sewer there. Because of that, we were on the record on the last project and will be on the record here again. We will pay for the 24 people that own homes here three years ago on Greenway Rd., we will pay $7,400.00 for there water and sewer. That is in the old zoning agreement, and we'll stand by that again I'm sure. Kay: Just to reiterate..... Durso: . . .it's on the record. There will be a 5 foot sidewalk on both sides of the streets throughout the whole project, which is required by the County. We have to put a sidewalk on Greenway Rd. and we'll put a sidewalk on the frontage that we have on Greenway Rd. also, so there will be a sidewalk on Greenway Rd. as well. We think we do a nice product and we'd love you folks to, if you haven't seen our houses to take a look right across the street from where you are now, we've got CholIy (77) Estates which we've started about a year ago. That will be done in May. There are 122 units there. These houses will be very similar to that, the only difference is the lots are a little bit smaller and we are going to join the two houses together. But the other thing we are going to do ---------- 03.321 NIM Notes February 24, 2005 Page 2 Agenda Item No. BE June 28, 2005 Page 87 of 128 is add garages for these units also. We've already gone on record that we will have a single stall garage for each these units. All of these units will be approximately 1,100 square feet per unit with a single stall garage. They'll be sold as fee simple single family homes joined together, we'll call attached villas and duplexes. Yours will be the second project we do that way. We're planning to build our Trail Ridge project first, so we'll have some experience in doing it. We'll have a homeowners association, and we have the two other large prqiects in Naples that already have homeowners associations and in fact, it worked very very well. We hold mortgages for 20 to 25 years so they stay out of the Habitat family so even though we have a home owners association, we have some control over the families' long time after they are in the houses. We have tremendous experience with our families. The delinquency rate is less than 1 %. We don't give the houses away, we actually sell them the houses and they have to put 500 hours of sweat equity into these homes. The majority of people that are buying these homes are young working people, they are people in the service industry who can't afford anything else. Housing is so expensive in this County. The majority of the people will make between $10,000 per year and $35,000 per year. $35,000 per year is a County definition of very low income and that's a prime customer, people making less than $35,000 a year for a family of 4. We are proud of what we've got. I've been doing this for 12.5 years here in Naples. So, all of the Habitat homes here, I've had something to do with and we are very proud of the product we produce. Weare also proud of the people that are in these houses, they are real hard working people and they are totally representative of the people who work in the service industry. Most of the minority is probably 75% Hispanic and 20% Haitian, majority of the homeowner is minority, but that's the people who are working here. We don't bring these people from in someplace else. They are already here. To qualify as a Habitat homeowner, you have to live in Collier County for at least a year before they can even apply for a Habitat home. One interesting statistic that you will find very very surprising is the Manatee School which is the elementary school out in that area, 95% of the children in the elementary school, Manatee School, come from homes with a median income that is less than 50% of the County median income. That means 95% of the students in that school are from very low income families. That's also true of the Avalon School. ?????? The County average is actually 48% which is amazing which just shows you that the families that have kids here can barely afford to live here. There are 40% of the families in the County as a whole are very low income. But in this area it is 90 - 95 % very wealthy people. These are the people tbat cut grass, that work in the restaurants, that work in the hotels, do all the jobs that need to be done that don't pay very well, and they can afford the Habitat for Humanity homes. We are the largest Habitat for Humanity chapter in the world. We build the most houses of any chapter in the world. That's because of where we are in Collier County. Question: What does this house sellfor? Durso: It's kind of interesting, in Naples Manor where we first started building houses, which is like twelve years ago, we used to sell the houses for $45,000. Thos~ houses tb.t 'J:~ s~Jd [0::: $45,000 in Naples Manor are now selling for $150,000. The houses, we're up to $90,000. These houses across the street have been appraising for $140,000, we've been selling them for $90,000 03.321 NIM Notes February 24, 2005 Page 3 Agenda Item No. 8E June 28. 2005 Page 88 of 128 probably comparable here. The biggest reason is the land cost. The land cost has just gone crazy. So our land cost is $35,000 to $40,000. We would prefer that the homeowner that buys the house stays in it and doesn't go and sell it the next year. So we put a silent second mortgage on the house. If we sell the house for $90,000, the homeowner will have a $90,000 first mortgage on the house, but we put a $50,000 second mortgage on the house that we forgive a little bit each year. If they stay there for 20 years, we forgive the whole thing. If they were to try to sell it after a few years we would collect that, so that keeps them from selling it. The main reason we do that, if we don't do that, predatory lenders will come in and try to get these peopl~ to re-mortgage their home. They have an interest free mortgage with us, so it's crazy to re- mortgage, but they may do it because they can get $20,000 or $30,000 cash out of it. Question? Question: What is the square footage of the living area? Durso: They are about 1,100 square feet, a little less 1,050 to 1,100. Question: Are the lots a quarter acre? Durso: The lots will be a little less than that. They'll be about 7,500 square feet. 7,200 square feet for two. 3,600 square feet for just the house, the land the house is on itself. The roads and the common areas take up a lot of. . . the actual density of the whole project is 5 units an acre. So its 35 acres here and we're approximately going to build 182, 184 uruts. It's approximately 5 units per acre density. Don: Please state your name before you ask your question. Question: Brand Dundley (?) - Westwind: I'm worried about water, we're on water restrictions. Are the plans for getting upgraded on the drinking water and the wastewater? Durso: I can't answer....?? but obviously we can't build unless there is water capacity. My understanding is that the plant down in this area was re-done a few years ago and there is plenty of capacity. They won't let us build unless there is capacity. So at least now it's not a big issue....and sewer capacity, there is plenty of that. Question: Brand Dundley (?) - WeSfl.11ind: Any plans for widening ofroads here on 951 or 41? Durso: 951 is definitely planned to be widened, that's going to be vvidened in the next couple of years. So 951 in the next two years is supposed to be widened from south of Eagle Creek all the way to Davis Blvd. It is supposed to be made 6 six lanes in the next two years. 41 I don't know, I don't think there is any planning of .... Reed Jarvi: 41 is going under what is called PDD study which is essentially preliminary engineering study, that's happening later this year for future. The anticipation is that it would go to six lanes but at this point in time they have to do the study first before they can say what it is going to go to, and when it's going to go to, but any widening on 41 is probably a minimum of 5 years off. It's acknowledged that it's needed but has to go through federal process and if you've ever dealt with anything with the feds, it takes forever. 03.321 NIM Notes February 24, 2005 Page 4 Agenda Item No. 8E June 28,2005 Page 89 of 128 Durso: But one thing you should realize, Greenway Rd is the boundary between the urban land and the rural land. So everything on the east side of Greenway Rd. is part of rural lands. So the zoning right there is 1 unit per 5 acres. So unless someone goes and takes advantage of new part of the grov.rth. management plan that says they can buy TDR's to develop that land, and nobody's done that yet. That land is not going to get developed for a lor..g long tir!).e. SO !110S~ c-f th: development you have, you've already got out there, our development is the only one that I know of on Greenway Rd. There is a large development going in on the north side of 41 right near Westwind right now....I don't know how many units.... but that product that they're building is very similar to ours. Take a look as you go by, it's on 41 just before you get to Westwind. They are building fourplexes there and they are about the same size as ours. The only difference is that our's is duplexes. But they are very similar...except they would probably sell those for about $300,000 a piece. Any other questions? Karen Eppert (?): I wasn't aware that they were allowed to sell their houses. Durso: Of course they can. In actuality they hardly ever do. The only reason they would sell their houses is if they are going to move to another place, some place else. The.y can't sell their house and live in Naples because the mortgage payments here are $450 per month including taxes and insurance. So if they were to sell it even if they made $20,000, what are they going to do? They can't buy another house. Our history is, we've built 750 homes in Collier County and I don't think you've had 10 that have sold. Usually if it's a single mother and she gets man;ed and moves away, usually it's a reason like that. It's very unusual for them to sell the house. But they are allowed to sell the house. We have the right of first refusal. So we could buy it back if they don't sell the house. Karen Eppert (?): Another question I heard, not just from myself. but I've heard, are there restrictions on how many people can live in them? Durso: We've kept better restrictions than most, but the County's restrictions....these houses here which are 3 bedrooms 1 bathroom, you're not allowed more than 7 people in the house. Habitat has a very strict application procedure. So when our homeowners apply they have to put everybody's name on the application that's going to be living in the house. If they carne in and were living there for a year or two and wanted to move their aunt and uncle or parents in they would have to get our pennission. That's right in our mortgage documents. Karen Eppert (?): I was wondering how you enforce it? Durso: We have a very strong family service department. When you go on your way home, go look through Victoria Falls which has been there for 3 years now, right across the street here from .... the houses look great. I'll admit we drive through every once and awhile, and if the house isn't great, we'll knock on the door. Karen Eppert (?): I believe that that's one of the concerns that everybody, in my neighborhood, has and will 5 years from now are we going to find junk cars in the backyard and washing machines out by the ditch? Durso: None of that is allowed. All of these homes are insured as well. So even if we weren't going to enforce it the people that we insure the house with would call us all the time if these 03.321 NfM Notes February 24, 2005 Page 5 Agenda Item No. 8E June 28, 2005 Page 90 of 128 problems are like that, and make us straighten it out. So these will be we1J taken care of. they are not rental units they are owner occupied. That makes a big difference, they are owner occupied plus the people that work 500 hours of sweat equity get these houses. See you put those things together and that's why they take very good care of these houses. If that doesn't work you have us here to back you up. We're not going anywhere, this is a big office, this is where we are. George HilIcs - Westwind: The 7 people in the house, is to be family? Durso: It depends on what your definition of family is. It is illegal for us to detennine what a family is. It's on the application, so as far as we can tell they are all related. But it could be a single mother. We have probably 20% of our applications come from single mothers. The rest are from couples. Question: Financing on these units, is it subsidized financing? Durso: No, Habitat for Humanity holds the mortgages. So the main subsidy is that we give them an interest free mortgage, there is no interest. That's what makes it a great deal. So we're seIling the house tòr our cost, but they are also given an interest free mortgage. Joan DeJulio - Westwind: Would that be an effect on the additional children in the schools? Durso: Well, they're already here. Our homeowners, most of the kids, I'll bet 80% of the kids go to Manatee School the others go to Avalon, they're already here, we're not bringing them in from someplace else. Except they're living in lousy places. You'd be surprised, not too far from where you are, there is some really lousy housing. There's a lot of it down on the farms. There's tons of lousy housing down on the farms. There's a lot of it on Autotrain Rd. which is about a couple of miles down the road. They're right close by so we're not bringing them in from outside of the school system, they're already here in the school system. The only. difference is, instead of going home to a trailer and not having a clean bed, we give them a clean bed and a simple decent place to live. The kids do much much better in school. We have studies that show Habitat kids, once they get into a habitable place, they do better in school better than they did before because they've got a place that is nice and clean where they can go and study. Don: Sam, is it $500 or 500 hours? Durso: They pay 500 hours of sweat equity. Which means the husband and wife can bring friends help. 500 hours they come out and work for us and that is how we get to know them. Part of it, we know the homeowners very well. I could tell you everyone in our Habitat homes because I've worked with them on the job site and there's no better place to get to know somebody that's working side by side. In addition to that, they now pay $1,000 down. So the $1,000 cash is what they have to raise over about a 6 month period. It takes about 6 months for them to work their hours and then they get 500 hours and that's where the ???? stops. But the key is the monthly payment. The monthly payment is only $450 per month. The mortgage payment is only $250 per month. $200 of that is taxes and insurance. These people pay taxes. I average homeowners payment pay $400,000 per year in property taxes. This subdivision with 182 homes pay a lot of property taxes. It's a big chunk of money coming in to the County. Any other questions? 03.321 NIM Notes February 24, 2005 Page 6 Agenda Item No. 8E June 28. 2005 Page 91 of 128 Jim H _ Westwind: You mentioned the sewer going i11 there, do they have to pay sewer impact fees? Durso: We are going to pay for the people with the ???? as well. We're going to pay the $7,400. Until a year ago there was a program where the County deferred impact fees to Habitat. They got them later on when the house got sold or refinanced. That program actually expired July I st. We're hoping they put it in again this coming July 15t but it hasn't been decided yet. But the impact fees will still be paid eventually. But we're in agreement that we'll pay the impact fees for the 24 homeowners that are on Greenway Rd. Question - Need clarification, Don mentioned that you're going to pay for 24 units...? Durso: Do you know what's in the record from before? Don: $7,250 was actually.... Durso: I'm going to pay whatever it was we promised before.... Don: $7,250 per house.... Durso: That's just for the 24 people that were living there when this original zone change went through a couple of years ago. Question - Please clarify that... the regulations that these homeowners will be effected by as far as how many keep their homes and that kind of thing will be done through deed restrictions on the properties not through the plat zoning that the County develops ... Durso: and it's also our homeowners association...but our homeowners association documents will be recorded and those are all part of the final site development plan. Don: Think of Habitat for Humanity as being a homeowners association. Question - What is the total number? 184? Durso: 184 total Question - and what was the other? Durso: Right now without this change we can do 110 there. So we're adding 74 units. But we're taking those 74 away from the corner of 41 and 951. For Trail Ridge right now we could do 280. Question - I don't understand exactly where Trail Ridge is... is it cleared? Durso: No. As you're going back home, you cross 951, and there's a Circle K there, and after the Circle K, that land in the back there. Between the Circle K and Henderson Creek, there's a little bridge.... all of that land..... not on the highway though, the land out by the highway is 03.321 NIM Notes February 24, 2005 Page 7 Agenda Item No. 8E June 28. 2005 Page 92 of 128 zoned Commercial and we're back behind that. It's about 35 acres there. We hope to build that before this, that's our goal, so if that's the case this won't be built for another 3 or 4 years. Comment: and those people will be coming out onto 41 also? Durso: The ones from Trail Ridge can go either way, they can go onto 41 or 951. It depends on where they're going. A lot of them may work on Marco Island, they would probably go out to 951, but they can go either way. Comment: But that was a separate petition ...for information, that's not part of this petition, it's just giving you information, right... Durso: and there's nothing in the rules that the Commissions have say or take ??? units from here and give it here but when they talk about traffic, they talk about the number of units that are approved for an area. We're saying that this doesn't increase the number of units because we'lJ tell you where we'll take them from another..... Question: Just out of curiosity are you planning to amend, 1 assume that's a PUD? Are you amending it to reduce the number... Durso: No, no. Don: The site's development plans..... Durso: The site's development plans are with you right now. .. so we can prove it. Comment: Is that area where you talk about Trail Ridge near the area where they ',.e planning to do a super Wal-Mart also? Durso: No, Wal-Mart is going to be on 41 south of here. The Wal-Mart is going to be directly across fì'om Eagle Creek:.. on 951. Comment: and yours is behind... Durso: Ours is behind that but our access will be more to 41. Their access will be out to 951. Comment: Couldyou show on that map right there where your development is? Durso: This is Greenway Rd. here...so 41 is down here, you make a left on Greenway, it's actualJy 8 tenths of a mile up Greenway Rd. As you come up there's a little... there's actua1Jy a house here which we don't own. We own this piece back here and this piece up here. So it's 2 pieces we put together. Comment: So you'll overlap Westwind by about... Durso: .. .just this little piece right here, but there will be a buffer back here on the site development .... 03.321 NIM Notes February 24, 2005 Page 8 Agenda Item No. 8E June 28, 2005 Page 93 of 128 Don: I believe there's a canal back here '" Durso: . ..and there's a canal back there also. You'll be able to see the back of a few of these houses here. There's a little strip of houses along here that you'll see the back of. Question - There's a stream that runs through between the property and Westv.'ind... what's going to happen with that...you have children living on your side, we don't... Durso: We'd rather not put fences, but that will probably end up happening. I don't know if that's going to be required for the site development. We are very conscience of that. The Chol1y Estates, the one across from you, there's a gorgeous lake there. We'll put a fence all along that lake. That's easy for us to do. If you look at this piece of land, there's houses here, this whole area over here at the back of the properties are going to be preserve. There will be a lake and preserve, actually a couple oflakes. So Westwind is on the far side of that, right down in there. Comment: That is a commitment I assume... any preserve along that... Durso: That's part of the.. .. Comment: ... unless the Commission changes it... Durso: The preserve doesn't corne down to the path that's adjacent to Westwind. It's more the northern part. . . so the preserve is up in this area here, not down here. But there's also going to be a lake here and there's a nice big lake here. Don: To qualify that commitment that this can change some in shape and form based on the final outcome of the public hearings. Comment-Kay: Reed Jarvi raises a good point that this is what they're proposing... ff it's approved, what's approved could be somewhat different... (can't hear rest of her comment) Comment: ... but the development on the other side of it was originally planned to be developed ... Walnut Lakes... ...(cannot hear this comment) Durso: They had to have approved for number of units they're doing, whatever it is. I don't know what the density is there. Comment: There is no chance for this happening here... (Tape ran out on side A) Kay: The gentlemen here left some business cards for you if you're interested and Linda and I have some business cards for you, if you have any questions, feel free to call any of us... thank you. Question: ... and we'll be notified afthe hearing? Don: yes, and it will be published in the paper as well... thank. you for coming... END Agenda Item No. BE June 28,2005 Page 94 of 128 Excerpts from Traffic Impact Statement REGAL ACRES PUDZ-2004-AR-6919 Agenda Item No. BE June 28. 2005 VanasseP_ Daylor .- TRAFFIC ANALYSIS UPDATE REGAL ACRES February '0, 2005 Greenway Road Collier County, Florida Prepared For: Coastal Engineering Consultants, Inc. 3106 South Horseshoe Drive Naples, Florida 34\ 04 Prepared By: Vanasse & Daylor, LLP Job # 80582.07 RE-SUBMITrAL PUDZ-1004-AR-6919 PROJECT #1004050014 DATE: 3/15105 KAY DESELEM 12730 New Bñttany Boulevard, Suite 600. Fort Hyers, floñda 339011 239.431.4601 F 239.431.4636 w vanday.com Agenda Item No. 8E June 28,2005 Page 96 of 128 INTRODUCTION AND SUMMARY Vanasse & Daylor, LLP (VanasseDaylor) is providing this Traffic Analysis Study Update for the Regal Acres site. VanasseDaylor prepared the initial study in October 2002. The purpose of this study is to provide to the Collier County Transportation Operations Review Department adequate information to assure that any traffic-related problems are anticipated and that effective mitigation measures are identified as part of a Rezoning request. The Regal Acres site consists of approximately 36.75 acres on the west side of Greenway Road approximately 1 mile north oiUS 41 in Collier County. The proposed project will consist of up to 184 single-family dwelling units of affordable workforce housing. The project buildout is planned for the 2009 peak season. Exhibit 1 shows the location of the Regal Acres site. The analyses indicate that, in 2009, only two segments were projected to have site-generated trip volumes greater than 3 percent of the AUIR maximum service flowrates: · Greenway Road north of US 41; and · US 41 two-lane section west of the project access (SR 951 to Greenway). No links exhibited projected volumes that would both exceed the AUIR maximum service flowrate and have projected site-generated trips exceeding 3 percent of the AUIR maximum service flowrate. Turn lanes are already provided at the US 41 & Greenway Road intersection. They are adequate for projected future conditions. Therefore, no further mitigation is necessary. Regal Acres T A Update 11:\Projects'.80S\80582\Trafflc\Feb 102005 Update\B0582TAUpdateOO2.doc Agenda Item No. 8E June 28. 2005 Page 97 of 128 PROPOSED DEVELOPMENT EXISTING AND PROPOSED LAND USE The Regal Acres site consists of approximately 36.75 acres on the west side of Greenway Road approximately 1 mile north of US 41 in Collier County. The proposed project will consist of up to 184 single-family dwelling units of affordable workforce housing. The project buildout is planned for the 2009 peak season. Exhibit 1 shows the location of the Regal Acres site. AREA CONDITIONS AREA ROADWAY SYSTEM The existing roadway conditions for the area of the project were used to provide the base Buildout roadway network. Exhibit I shows the existing roadways in the vicinity of the project. Greenway Road Greenway Road in the vicinity of the project is a north-south, two-lane two-way, local county road. The roadway has a fairly level vertical and tangential horizontal alignment. The project access will directly connect to Greenway Road. Tamiami Trail (US 41) Tamiami Trail (US 41) in the vicinity of the project is a two-lane two-way arterial (Class 1) under state jurisdiction. US 41 west of CR 951 is a six-lane roadway under state jurisdiction and is also classified as an arterial roadway. Alignment of the roadway is fairly level and tangent. The posted speed limit is 60 mph across Greenway Road. US 41 is signed as a north-south highway throughout the state of Florida. It is a northwest-southeast alignment through the study area. For purposes of discussion throughout this document, U.S.41 will be described as an east- west highway, with Miami oriented toward the east and Naples toward the west. _. Regal Acres T A Update 21:\Projeas\B05\80582\Traflic\Feb 102005 Update\80582TAUpdateOO2.doc Agenda Item No. 8E June 28, 2005 Page 98 of 128 Isle of Capri Road/Collier Boulevard (SR 951/CR 951) Isle of Capri Road (SR 951) in the vicinity of the site is a north-south four-lane divided roadway under state jurisdiction south of US 41, and is functionally classified as an arterial roadway. Collier Boulevard (CR 951) to the north of US 41 is a four-lane divided roadway under county jurisdiction, and is functionally classified as an arterial roadway. Alignment of the roadway is fairly level and tangent. The speed limit is posted at 45 mph north of Manatee Road. San Marco Drive (CR 92) San Marco Drive (CR 92) in the vicinity of the site is an east-~est two-lane two-way roadway under state jurisdiction south of US 41. CR 92, functionally classified as an arterial roadway, connects Marco Island to US 41. The roadway alignment is fairly level. In order to maintain consistency with the rest of the narrative and analyses, CR 92 will be designated a north-south roadway. TRAFFIC VOLUMES Traffic volumes were taken rrom a variety of available resources. Historical daily volumes on US 41, CR 951, and CR 92 were taken from the 2003 Collier County Traffic Count Report. It should be noted that count data for US 41 at CR 951 were not available rrom the county due to construction and that data rrom 1998 to 2002 were utilized. Peak hour volumes used in this report were based on manual turning movement counts collected by Florida Transportation Engineering, Inc. (FTE) at the US 41 & CR 951 and US 41 & CR 92 intersections. Appendix A contains copies of the traffic count data from these sources. Average growth rates were estimated for segments of the arterial and major collector roadway network in the study area using Collier County 1999-to-2003 historical traffic volume data and 1998 to 2002 data, where required. Table 1 summarizes the projected peak-hour link traffic volumes for US 41, CR 92, and CR 951 in the vicinity of the project site for the 2009 Build-out year. The peak hour volumes were estimated for Greenway Road by counting the number of single-family residences and applying the trip generation formulae. These data were used in the link analyses to estimate significance according to Collier County's 3/3/5 rule, and to determine whether the links could be expected to operate within county standards. Exhibit 2 summarizes Regal Acres TA Update 31:\Pro ecu\805\80582\Traffic\Feb 102005 Update\80582TAUpdate002.doc ---------..--.--.- . Agenda Item No. 8E June 28. 2005 Page 99 of 128 the projected background turning movements at the US 41 & CR 951 and US 41 & CR 92 intersections. Table I EXISTING & PROJECTED TRAFFIC VOLUMES Average Daily Traffic Growth 2009 "D" 2009 Dir Pk Hr Road Se~ent 1m 200.3 B.iW AOI fmgc fk.I:I2!.I!: Peak Off·Peak US 41 west of Collier Blvd (CR 95 I) 22.140 27.069 6.9% 40,463 55% 3,723 2.047 1.675 US 41 east of Collier Blvd (CR 95 I) 10,970 12,570 4.6% 16,504 55% 1,518 835 683 US 41 west of Site Access 10.970 12.570 4.6% 16.504 55% 1.518 835 683 US 41 east of Site Access 5,013 5.585 3.7% 6.932 55% 638 351 287 US 41 east of San Marco Dr (CR 92) 6,621 6.215 0.1% 6.252 55% 575 316 259 CR 951 north of US 41 22.324 23.920 1.7% 26.530 55% 2,441 1.342 1.098 SR 951 south of US 41 27,773 34,132 5.3% 46,502 55% 4.278 2.353 1.925 CR 92 south of US 41 (E of Floral St) 3,797 4.140 2.2% 4,713 55% 434 239 195 Greenway Rd north of US 41 See Exhibit 2 for Greenway AM & PM Peak Hour Assignments Note: Average Dally Traffic data from Collier County 2003 Average Doily TraffIC K2SQ = 9.20% COMMITTED ROADWAY IMPROVEMENTS Road improvements are committed for construction in order to help alleviate current area road deficiencies and support future area development. Roadway improvements that are currently under construction or scheduled for construction within the next two years after the AUIR were considered to be planned roadway improvements. These were identified at the hritial Meeting with Collier County staff. CR 951 north of US 41 is scheduled for a four-lane to six-lane expansion with construction to start in 2006. PROJECTED TRAFFIC SITE-GENERATED TRIPS TRIP GENERATION Consistent with the current policy of Collier County, project trip generation was based on the recently approved Transportation Impact Feè Update Study for income-restricted single-family homes and from discussions with Don Scott, Collier County Transportation Planning. Entering Regal Acres T A Update 41:\Prolects\805\80S82\Traffic\Feb 102005 Updaœ\80S82TAUpdateOO2.doc Agenda Item No. 8E June 28. 2005 Page 100 of 128 and exltmg trip distributions were consistent with ITE Trip Generation. 7th Edition. The following trip generation formulas were used, and the trips generation results are shown in Table 2: Single-Family (Income-Restricted): ADT: T = 4.39(X) AM Peak Hour: T = I S% of ADT PM Peak Hour: T = I S% of ADT Table 2 PROJECT TRIP GENERATION NEW TRIPS (2009)-Bulldout .L.and...!JK AM PEAK HOUR. PM PEAK HOUR. Unit AD.! J:ø¡¡ fnw: Exit Isg,¡¡ Emcr Em.. 184 DU 808 121 30 91 121 76 4S 808 121 30 91 121 76 45 Single Family (LU 210): Total Site-Generated Trips TRIP DISTRIBUTION AND ASSIGNMENT The pattern of site traffic distribution is based on locations of generators in the area surrounding the project. Table 3 presents the assumed distribution. Exhibit 3 graphically presents the same data. The distribution differs slightly from that used in the October 2002 study, in recognition that additional trips should be assigned to CR 92. Table 3 SITE-GENERATED TRIP DISTRIBUTION Roadway US 41 west of Collier Blvd (CR 9S I) US 41 east of Collier Blvd (CR 9S I) US 41 west of Site Access US 41 east of Site Access US 41 east of San Marco Dr (CR 92) CR 9S I north of US 41 SR 9S I south of US 41 CR 92 south of US 41 Greenway Rd north of US 41 30% 60% 70% 30% 5% 15% 15% 25% 100% Regal Acres TA Update SI:\Projects\805\80582\T~ffic\Feb 10 2005 Updaœ\80582TAUpdateOO2.doc Agenda Item No. 8E June 28, 2005 Page 101 of 128 Exhibit 4 presents the proposed entering and exiting traffic in the AM and PM Peak Hours for both the Project Access Point on US 41, the US 41 & CR 951, and US 41 & SR 92 intersections. Exhibit 5 presents the total projected turning movement volumes on the studied intersections. These volumes will be used in the Total Traffic scenario intersection capacity analyses. ANAL YSES CAPACITY AND LEVEL OF SERVICE The directional split of new trips was applied to the site-generated traffic volumes to determine the site-generated vehicle trips assignment. The site-generated vehicle-trip assignments were added to the background traffic-volume network to determine the Build-out traffic volume conditions. Collier County staff has directed on other recent projects that the Performance Standard Maximum Service Flowrates (SF MAX) values contained in the most recent Collier County Concurrency Segment Tables be used for the link analyses. At the time of completion of this update, the most current available data were in the February 9, 2005 tables. For this study, the SFMAJ( value for· Thomasson Drive was used for Greenway Road. This analysis followed that direction as well. The Level of Service tables used in the analysis are contained in Appendix A. Table 4a summarizes the link analysis results for the Build-out Year Background and Total Traffic conditions. LINK LOS AND SIGNIFICANCE TEST ANALYSES According to Collier County Land Development Code Section 3.15.6.4.3. : "Significance Test: Impact for the impact traffic analysis purposes for a proposed development project will be considered significant: 1. on those roadway segments directly accessed by the project where project traffic is equal to or greater than 3% of the adopted LOS standard service volume; 2. for those roadway segments immediately adjacent to segments which are directly accessed by the project where project traffic is greater than or equal to 3% of the adopted LOS standard service volume; or 3. for all other adjacent segments where the project traffic is greater than 5% of the adopted LOS standard service volume. "Once traffic from a development has been shown to be less than significant on any segments using the above standards, the development's impact is not required to be analyzed further on any additional segments." _. Regal Acres TA Update 61:\Projects\80S\80582\Tn.ffic\Feb 102005 Update\80S82TAUpdate002.doc Agenda Item No. BE June 28. 2005 Page 102 of 128 Table 4a LEVEL OF SERVICE BUILD·OUT AM PEAK SEASON PEAK HOUR AM Peak Exceed AUIRI Project Traffic as Project Total %of ROADWAY Direction ßÇiQ Traffic I!:affi.ç SE.wt; .aK.GQ IQIAI. SEMAX EB 1,675 9 1.684 N N 0.3% US 41 west of Collier Blvd (CR 95 () WB 2,047 2,076 3.200 N 0.9% 28 N EB 683 19 702 N N 1.8% US 41 east of Collier Blvd (CR 9S ) WB B90 1,075 N 835 55 N 5.1" EB 683 21 704 N N 2.0% US 41 west of Site Access WB 1,075 835 64 899 N N 5.'" EB 683 27 711 N N 25% US 41 east of Site Access WB 835 9 844 1,075 N N 0.8% NB 1,342 5 1.347 N N 0.'% CR 95 I north of US 41 SB 3,310 1,098 14 1,112 N N 0.4% SR 951 south of US 41 NB 2,353 5 2.358 1,970 Y Y 0.2% SB 1.925 14 1,939 N N 0.7% NB 30 30 60 N N 4.0" Greenway Rd north of US 41 760 SB 70 91 161 N N 12.0" PM PEAK SEASON PEAK HOUR PM Peak Exceed AUIR! t'roject Traffic as Project Total %of ROADWAY Direction .aK.GQ Traffic J:r¡ffk SfAWC ~ IQIA!. SEAW: US 41 west of Collier Blvd (CR 951) EB 2,047 23 2,070 3,200 N N 0.7% we 1,675 14 1,690 N N 0.5% EB 8]5 45 881 N N 4.2.% US 4 ( east of Collier Blvd (CR 951) WB 1,075 2.6% 683 28 711 N N EB 835 5] 888 N N 4.'" US 41 west of Site Access WB 1,075 N N 3.0% 683 32 715 EB 835 12 848 N N 1.2% US 41 east of Site Access WB 683 24 707 1,075 N N 2.2% NB 1,098 7 1.106 N N 0.2% CR 951 north of US 41 SB 3,310 N N 0.3% 1,342 II 1,354 NB 1,925 /I 1,936 N N 0.6% SR 9S 1 south of US 41 1,970 SB 2.353 7 2.360 y y 0.3% NB 60 76 136 N N 10.0% Greenway Rd north of US 41 760 SB 30 45 75 N N 5.'% SF MAX values from Collier Co. Concurrency Segment Tables dated 8/2412004 Regal Acres TA Update 71:\Projects\805180582\Traffic\Feb 10 2005 Updaœ\80582T AUpdate002.doc Agenda Item No. 8E June 28, 2005 Page 103 of 128 The analyses indicate that, in 2009, only two segments were projected to have site-generated trip volumes greater than 3 percent of the AUIR maximum service flowrate: . Greenway Road north of US 41; and . US 41 two-lane section west of the project access (SR 951 to Greenway) No links exhibited projected volumes that would both exceed the AUIR maximum service flowrate and have projected site-generated trips exceeding 3 percent of the AUIR maximum service flowrate. Concurrency Link Level of Service analyses were also performed on the arterial roadway links that will be impacted by this project. This analysis was performed using the directional peak hour and trip bank volumes, and the SFMAX values contained in the Collier County Concurrency Segment Tables dated February 9, 2005, which were the most current at the time of the update. The results of those analyses are presented in Table 4b. Nearly all links have sufficient reserve capacity to accommodate the Regal Acres development. The SR 951 link south of US 41 was the only link having directional peak. hour volumes and banked trips that exceed the SFMAX for the link; however, the site-generated trips are de minimus (i.e., less than 1 % of the link SF MAX) on that link. Table 4b UNK LOS CONCURRENCY ANALYSIS PM PEAK SEASON PEAK HOUR PM Peak Exceed AUIP"r Projoct Reser;e Capadty T",flk:u "of WID WI ßGQ m:r.ðL ¡[,- Project Project N N G.7X 1,308 1.285 N N 4.11' 80 35 N N 4.'" 80 27 N N 1.2" 80 68 N N 0.3% 1.213 1.202 Y Y 0.]" -203 -210 Dir PK Trip Toul Pro ec:t Total ROADWAY ~ I:ta ¡¡j¡ }'J:I! D:iIIIIk IaftlI; ~- US41 west of Collier Blvd (CR951) EB 1,470 4U 1.892 2) 1,915 3.200 US 41 east of Collier Blvd (CP" 951) EB 640 3S5 99S 45 1.0010 1.075 US4lwestofSiteÞ.ccess EB 640 355 99553 1.0481.075 US41eanof5iteAccess EB 640 355 99S 12 1.007 1,075 CR951 north of US 41 SB 1,7]0 347 2,097 II 1.108 ].]10 SP,,9SlsoUlhofUS<!1 SB 1.850 323 2.173 7 1.180 1.970 Directional Peak Hour. Trip Bank, and SF _ oalues from CoUl.r Co. Concurrency Se¡ment Tables doled 02109/2005 - Regal Acres TA Update 81:\ProjectSI805\80582\Traffic\Feb 102005 Update\80582TAUpdateOO2.doc -~----._. SIGNALIZED INTERSECTION CAPACITY ANALYSIS Agenda Item No. BE June 28. 2005 Page 104 of 128 Vanasse & Daylor analyzed the signalized US 41 & CR 951 intersection to detennine LOS in the PM Peak hour using SYNCHRO® 6.0 computer modeling software for both background traffic and total traffic conditions. See Appendix B for the SYNCHRO® 6.0 computer printouts. Table 5 is a summary of the signalized intersection analyses for Build-out conditions. The intersection analyses indicate that the site-generated trips will not significantly impact operations at the US 41 & CR 951 intersection. Table 5 SIGNALIZED INTERSECTION LEVEL OF SERVICE SUMMARY Intersection us 4/ & SR 95 r /CR 951 AM Peak LOS/AVf Del~ BKGD TOTAL ~ Traffic C/33 C/34 UNSIGNALlZED INTERSECTION CAPACITY ANALYSES PM Peak LOS/Av( Delay BKGD TOTAL fuffit Iriffu: E/57 E/57 The unsignalized intersection analyses for year 2009 were completed using SYNCHRO® 6.0 computer modeling software, which emulates HCM 2000. The Level of Service results are presented in Table 6 for AM and PM Peak Hour Background and Total Traffic conditions. See Appendix B for the SYNCHRO® 6.0 computer printouts. Table 6 UNSIGNALlZED INTERSECTION CAPACITY ANALYSIS RESULTS Intersection AM Peak Cridcal LOS/Del~ BKGD TOTAL ~ fuffi.ç C/22 F/52 us 41 & Greenway Rd Stopped Approach MOEs shown Regal Ao-es TA Update PM Peak Critical lOS/Delay BKGD TOTAL It:itk fuftk C/24 E/36 91:\Projects\805\80582\Traflìc\Feb 102005 Update\80S82TAUpdateOO2.doc Agenda Item No. BE June 28.2005 Page 105 of 128 Although the service levels indicate a change of Total Traffic operational characteristics at the US 41 & Greenway Road intersection, closer examination of the analyses found that the southbound approach was the only approach exhibiting marginal-to-poor service levels. This is not unusual for unsignalized side-street STOP-controlled intersections having relatively high main street through volumes and side-street left turning volumes. In the case of this intersection, the southbound left turn movement volumes are projected to have sufficient volumes to increase delays on the entire southbound approach. However, the volumes are not high enough to warrant an exclusive left turn lane. Another consideration is the service levels on the main street. Tbe projected service levels on US 41 are excellent, at LOS A for Total Traffic conditions. TURN LANE ANALYSES Turn lane analyses at the site access on GTeenway Road were completed for project Build-out conditions. The Regal Acres project is proposed with one full-movement access point on the west side of GTeenway Road. This intersection was assumed to be an unsignalized intersection. According to the Collier County Right-of-Way Ordinance #2003-37, left and/or right turn lanes shall be provided for two-lane roadways. Since GTeenway Road is a local road, Ordinance #2003-37 is not applicable. Tbe existing eastbound exclusive left turn lane at the US 41 & Greenway Road intersection was also evaluated to verify that it would still have an adequate length of need. US 41 & Greenway Road Left Turn Analysis (Eastbound Approach) An eastbound exclusive left turn lane, approximately 725 feet long, has been constructed on US 41 at Greenway Road. It is projected that, with the proposed development, approximately 102 vph will turn left to Greenway Road during the PM Peak. The SYNCHRO queue analysis indicates that a storage length of 11 feet is needed. This suggests that a sufficient number of acceptable gaps are available in the westbound traffic stream to accommodate the projected turning movements. FDOT recommends a minimum left turn lane storage length of 50 feet. According to FDOT Standard Index 301 (2004), the deceleration lane length of need is 460 feet for a 55 mph entry speed, which is below the 60 mph posted speed but still provides a 65 mph design speed for the turn. lane. The total turn lane length of need is 510 feet, which is Regal Acres TA Update I OI:\Projecu\805\B0582\Tn.fI1c\Feb 10 2005 Updue\BOS82TAUpdateOO2.doc Agenda Item No. BE June 28. 2005 Page 106 of 128 considerably shorter than the existing 725-foot turn lane length. Even if the "2-minute rule" were used to estimate turn lane queue storage, the length of need would be only 560 feet, which is well within the available turn lane length. Therefore, the existing left turn lane will not need to be extended because of Regal Acres site-generated traffic. IMPROVEMENTS ANALYSIS Because many of the analyses were addressed in previous sections, this improvement analysis section will be limited to a conclusive narrative. As shown in Table 4, the levels of service for nearly a1llinks in the area of the project will meet the level of service standards computed by the AUJR Tables for the AM and PM Peak Hours with Buildout Year Total Traffic. Therefore, no off-site improvements are projected to be required for this project. MITIGATION OF IMPACT Turn lanes are already provided at the US 41 & Greenway Road intersection. They are adequate for projected future conditions. Therefore, no further mitigation is necessary. Regal At:res TA Update 111:lProjec:ts1805\80582\Traffic\Feb 102005 Upda.œ\80582TAUpda.te002.doc Agenda Item No. 8E June 28, 2005 Page 107 of 128 Excerpts from Environmental Impact Statement REGAL ACRES PUDZ-2004-AR-6919 .I . ~..~ Calusa Coast Ecoloøists, 111c. Agenda Item No. 8E June 28. 2005 Page 108 of 128 REGAL ACRES RE-SUBMITfAL PUDZ-2004-AR-6919 PROJECT 1#2004050014 DATE: 3/15105 KAY DESELEM COLLIER COUNTY ENVIRONMENT;á,t.:rMPACT STATEMENT . '/~" . . .,." . ~, .. ~ ., '. ,. . ., -" ...-, .. . Revision #1:M~F¢'h IJz¡2QOS .., ..~¡. ,~:. .' ·"..,,··.·.',"1:,·",.:, Section 12, Township 51:$öütfi, l"l.:-'!':i·:':'~':'"':-,, ."."'" Collier County, FI9t:i-~-i ;;" . ~, ':".;:. _,¡, ¡~i',;.¡ .". ~A;i ~f':"~',:h~;>"l ".."":':J. . - ~', c., .~;~~¿: .;~: 'it ,,'~ ", ,;:;~'" .. ''':i''¡''~;';¡ .,: Prepared F~~';"..~ ,,"',, 'I'. ::J!;.\' . . E.'", r. '::::. ë ~. ~" ',0.'. ,:~_..'~. ,;; :;. 11 :~,., .._, :~~j" ,;.:.:;' ,: "'~~' ',_ 0/1 : :~': ' :_ : ',:,; '<., Coastal Eng¡peerjng,Ç<?~su!~~~, Inc. 3106 South,Hor.,šešhoe,Dnvé\, . .,':~¡¡' ,ct ':¡ Naples, F ' 4104" ..' Habitat for ,,~ma~ì&: of~~ollier County. Inc. 11145 Tami~~~[<1~ilEa$r' ., Naples, FL 34lJ3 .. '.. "j. -"'f,'~}:~.:":·;i ....',-',- ""¡¡{; Submitted To: Environmental Resource Permitting . Due Diligence . Habitat Mapping . Wetland Delineations Dock and Shoreline Permitting . Protected Species Survey & Planning . Mitigation & Monitoring 4666 Siesta Circle· Fort Myers, Florida 33901 . Telephone (239) 939-7427 . Facsimile: (239) 274-3020 Agenda Item No. 8E June 28, 2005 Page 109 of 128 . . REGAL ACRES ENVIRONMENTAL IMPACT STATEMENT TABLE OF CONTENTS 3.8.5.1 APPLICANT INFORMATION ................................................................................................................1 3.8.5.2 MAPPING AND SUPPORT GRA~ICS ....................~..........................................................................1 3.8.5.3 PROJECT DESCRIPTION & GMP CONSISTENCY DffiRMINA TION ..................................3 3.8.5.4 NATIVE VEGETATION PRESERVATION ...........................................................................................6 3.8.5.5 WETLANDS .....................................................................................................................................8 3.8.5.6 SURFACE & GROUNDWATER MANAGEMENT. ................ ................... ....... ....10 3.8.5.7 LISTED SPECIES................,....................·..·..·..·..····..·..·······..·..·....·..·· ........ II 3.8.5.8 OTHER. . ., .... .., ..... . .. ...... . ............ ... ..... . ..... ." .... ..... ... .... .... .. .... ... ......... ...13 3.8.6 ADDITIONAL DATA. ...... .......... ........................ ......... ......... ...... ...... .,. ..13 ATTACHMENTS Attachment I. Staff Resume Attachment 2. Location Map Attachment 3. Soils Map Attachment 4. SFWMD Jurisdictional Determination Attachment 5: Letter from Florida Dept. of State re: historical resources Attachment 6. Habitat & Protected Species Survey Report Attachment 7. FLUCFCS Map I Aerial overlay Attachment 8: FlUCFCS /Topographic Map Attachment 9: Preliminary Engineering Report Surface Waœr Management Attachment 10: 1972 Aerial photograph Attachment I I: Soil Sampling Report Agenda Item No. 8E June 28, 2005 Page 110 of 128 Environmental Impact Statement Regal Acres - Habitat for Humanity Revision I: March II, 2005 3.8.5.1: APPLICANT INFORMATION A. Responsible person who wrote the EIS and his/her education and job related environmental experience. Ilene J. Barnett; M.S. (Marine Biology & Microbiology), B.S. (Environmental Science), IS years of professional experience in environmental sciences in Florida, including 7 years professional experience as Environmental Scientist/Consultant. Calusa Coast Ecologists, Inc.; President. Staff resume provided in Attachment I. B. Owner(s)/a~ent(s) name. address. phone number. email address. 3106 S. Horseshoe Drive Contractor for Agent Ilene J. Barnett Calusa Coast Ecologists, Inc. 4666 Siesta Circle Qwn.er: Habitat for Humanity of Collier County, Inc. 11145 Tamiami Trail East Naples, FL 34113 Phone: (239) 775-0036 ~ Coastal Engineering Consultants, Inc. Naples, FL 341 04 Phone: (239) 643-2324 Fort Myers, FL 33901 Phone: (239) 939-7427 Email: ilenebar@earthlink.net 3.8.5.2 MAPPING AND SUPPORT GRAPHICS A General location map. A general location map is provided in Attachment 2. B. Native habitats and their boundaries identified on an aerial photoUCiPh of the site extendin~ at least 200' outside the parcel boundary. This does not mean the applicant is required to go on to adjacent properties. Habitat identification consistent with the Florida Department of Transportation - Florida Land Use Cover and Forms Classification System(FLUCFCS) shall be depicted on an aerial photoUCiPh having a scale of one inch equal to at least 200' when available from the coun~. Other scale aerials may be used where appropriate for the size of the project. provided the photograph and overlays are Page I of 14 Agenda Item No. BE June 28, 2005 Page 111 of 128 , . Environmental Impact Statement Regal Acres - Habitat for Humanity Revision I: March II, 2005 Habitats on the site were mapped according to the "Rorida Land Use, Cover and Forms Qassifìcation System (FLUCCS)" manual (FDOT, 1999). The FLUCCS map unit boundaries, FLUCCS codes, and legend are shown on the I" = 200' aerial photograph provided in Attachment 7. The existing FLUCCS types and acreages, along with a detailed description of the habitats on the site are provided in Attachment 6: Habitat & Protected Species Survey Report. C. Please refer to Attachment 8: FLUCFCS ¡Topographic Map. D. Soils map at scale consistent with that used (òr Aorida Department of Transportation - Florida Land Use Cover and Forms Classification System determinations. The pre-development soil map unit boundaries have been obtained from maps prepared by the U.S. Department of Agriculture - Natural Resources Conservation Service (NRCS) and are shown in Attachment 3: Soils Map. (Revised to show soil map unit numbers, per RAI). E. Proposed draina(e plan indicating basic flow patterns. outfall and off-site drainage. Please refer to Attachment 9: Preliminary Engineering Report: Surface Water Management. This report discusses the drainage plan for the site in general terms. The final drainage plan for the site will be submitted during the SDP phase of this project. F. Development plan including phasing pro(ram. service area of existin( and proposed public facilities. and existing and proposed transportation network in the impact area. The development plan is included in the Application (or Rezone package, of which this EIS is a part. Page 2 of 13 ------ -._~---- Agenda Item No. BE June 28. 2005 Page 112 of 128 Environmental Impact Statement Regal Acres - Habitat for Humanity Revision I: March II, 2005 3.8.5.3: PROIECT DESCRIPTION AND GMP CONSISTENCY DETERMINATION A. Provide an overall description of the project with respect to environmental and water mana~ement issues. Regal Acres consists of three parcels totaling 36.75 acres in area, which will be developed as an affordable single-family housing residential subdivision by Habitat for Humanity of Collier County, Inc. The subdivision will include 184 residential units (92 duplex buildings), a surface water management system including stormwater lakes, a "floodplain compensation area" (similar function to native preserve), internal roads and driveways, "tot lot", and open space areas such as landscape buffers. Please refer to Attachment 6: Habitat and Protect Species Survey Report, for detailed information regarding the current environmental site conditions. There are no jurisdictional wetlands, unique or rare upland vegetation associations, or listed species habitat on the site. The entire site has been previously cleared, and disturbed by agricultural and single-family residential activities, including ditching and berming, grading, and other topographic and hydrologic alterations. The majority of the site exhibits a high degree of infestation by exotic vegetation (notably Brazilian pepper on the north parcel and creeping oxeye and yellow joyweed on the south parcels) and nuisance ruderal species (dog fennel, ragweed, and Spanish needles) on all parcels. Considering the above-described conditions, natural resource functions are significantly degraded, and the proposed development is not expected to cause a net negative impact to the County's natural resources. A brief description of the habitat types on the 36.75-acre property is as follows: · 19.7± acres are greater than >75% exotics (19.3± acres of Brazilian pepper and O.4± acres of Australian pine monocultures), previously cleared of native vegetation for agricultural purposes. · 8.1 ± acres consist of single-family disturbed, previously cleared lands dominated by a variety of invasive exotic, nuisance ruderal native, and planted exotic landscaping species. · 1.3± acres consist of old agricultural ditches and borrow ponds (1.1 ± and O.2± acres, respectively). Page 3 of 13 Agenda Item No. 8E June 28. 2005 Page 113 of 128 - Environmental Impact Statement Regal Acres - Habitat for Humanity Revision 1: March II, 2005 . 7.7± acres consist of a combination of disturbed dry prairie and shrub and brushland, ranging from 10% to 74% exotics. These areas are within the abandoned agricultural field which had been historically cleared of native vegetation. These areas have a very sparse canopy, a mid-story dominated by a combination of Brazilian pepper, saltbush, and wax myrtle, and ground cover dominated by dog fennel and other nuisance ruderals. In a meeting with Laura Roys of Collier County and the project team on July 27,2004, Ms. Roys indicated that due to the fact that the area had been historically cleared of native vegetation, and due to the currènt level of disturbance, lack of native habitat, and predominance of nuisance and exotic vegetation, no native vegetation preservation would be required. Although there is no area that would qualify as "native habitat", the applicant is proposing a 2.98-acre "floodplain compensation area" in the northwestern portion of the property. This area incorporates nearly 40% of the three most viable habitats, including the disturbed dry prairie (FLUCCS Code 3109 EI) and shrub & brushlands (3299 E2 and E3). This area is optimally situated between undeveloped, forested lands to the west, a lake to the east, and upland landscape buffers to the east, north, and south, in order to provide the greatest uninterrupted area of open and green space. This area would not be considered as "native preserve", due to the predominance of nuisance groundcover species (notably dog fennel, but also including ragweed and other nuisance ruderal plants), that would not likely be successfully controllable over the long term. The applicant proposes to remove the nuisance exotic vegetation (EPPC Classes I and II), and maintain this area free of these exotics in perpetuity. This floodplain compensation area would provide some of the functions of a native preserve, such as providing additional green space, pervious area, limited wildlife usage, groundwater recharge, and perpetual maintenance to keep the area free of EPPC I and II exotics; Please refer to the preliminary engineering report (Attachment 9) for further information regarding this floodplain compensation area. No commercial or industrial uses that could generate air pollutants are proposed. No tidally influenced habitats are present on the Regal Acres Subdivision site. Noise generated after completion of the project will be typical for similar developments. Primary sources of noise will be vehicles, lawn maintenance equipment, air conditioning equipment, and human activities. These are not expected to exceed County standards. Page <4 of 13 Agenda Item No. 8E June 28,2005 Page 114 of 128 Environmental Impact Statement Regal Acres - Habitat for Humanity Revision I: March II, 2005 No adverse changes in levels of water pollution are expected to occur since the development of the site involves the construction of a surface water management system that will treat site runoff prior to its discharge into adjacent existing drainage ditches. The site will be developed according to South Florida Water Management District (SFWMD) and Collier County criteria for the design of surface water management systems. The specific design of the system and specific details regarding the project site drainage plan will be determined during the SDP phase of the review process. Please refer to Attachment 9: Preliminary Engineering Report: Surface Water Management for additional details. The minimal environmental impacts associated with this project are unavoidable, if a viable project is to go forward at this site. The owner/developer of the project site is Habitat for Humanity of Collier County, Inc., a not-for-proflt corporation that assists economically disadvantaged people by providing housing through charitable contributions of time, finances. and expertise. The County's Comprehensive Pb.n contains the objective of providing more affordable housing at the rate of 500 dwelling units per year. Although the demand for such housing is significant, this objective is not presently being achieved. The Regal Acres project will contribute 80 units of affordable housing annually for two and a quarter years. The proposed project site represents a highly degraded and previously impacted area, with sufficient acreage to provide a viable affordable housing community. Few such parcels remain in Collier County. Consideration of an alternative site in Collier County would be prohibitive considering the cost of land ánd/or the potential for greater environmental impacts. The "no- impact" alternative is impracticable. as the site is too highly degraded to provide any significant natural resource benefit to the county or region. and would be unacceptable as either a mitigation parcel for other development, or as a natural resource acquisition parcel for any public entity. The highest and best use for this land appears to be for the purpose of the currently proposed project. B. Explain how the project is consistent with each of the Objectives and Policies in the Conservation and Coastal ManaEement Element of the GMP. where applicable. The project is consistent with the Policies in Objective 6.1 and 6.2 of the Conservation & Coastal Management Element, for the following reasons: Page 5 of 13 --------- . Agenda Item No. 8E June 28, 2005 Page 115 of 128 Environmental Impact Statement Regal Acres - Habitat for Humanity Revision I: March II, 2005 Policy 6.1.1: As described in Attachment 6: Habitat and Protected Species Survey Report, the site is highly disturbed due to previous land uses (clearing. agriculture, ditching, single family lot development) and a high degree of infestation by exotic and nuisance vegetation. No native habitats exist on the site. However, a 2.98-acre "floodplain compensation area", will provide some functions of a native preserve. This represents 40% of the highest quality habitat on-site. Class I exotic vegetation (as defined by FLEPPC) will be removed from this area, and the area will be maintained free of these species in perpetuity. Although the area is dominated by nuisance ground cover species (notably, dog fennel), the existing beneficial native species that exist within this area will be preserved. Policy 6.1.4: Exotic vegetation removal/maintenance plans shall be required at the time of Site Development Plan/Construction Plan submittal. Preserve areas shall be maintained free of Category I invasive exotic plants as defined by the Florida Exotic Pest Plant Council. Policy 6.1.7: Along with providing water quality treatment and water storage, the proposed stormwater lakes with associated required littoral shelf planting areas will provide some habitat diversity and a potential increase in habitat usage by wading birds and other aquatic species such as aquatic insects, amphibians, reptiles, and fish. The requirement for an Environmental Impact Statement (EIS) pursuant to policy 6. 1.8 has been satisfied. Policies 6.2.1 and 6.2.2: No jurisdictional wetlands exist on the site. This has been verified by SFWMD on 11/30/04 (see attached exhibit). A wildlife survey for listed species in accordance with Policy 7.1.2 is included in the Environmental Impact Statement (EIS). No protected species or signs of their usage have been found on the site. . ;J.8.5.41: NATIVE VEGETATION PRESERVATION Page 6 of 13 Agenda Item No. BE June 28, 2005 Page 116 of 128 Environmental Impact Statement J:I.....J ArrD.c _ i-bbitx for Humanror Environmental Impact Statement Regal Acres - Habitat for Humanity Revision I: March II, 2005 veretatíon type (species). veretation composition (canopy. midstory and rround cover) and veretation dominance (dominant. common and occasional). II 0 I 3 109 E3 3109 EI 3299 E2 3299 E3 4229 437 7421 7423 TOTAL Residential low density/ Herbaceous dry prairie - disturbed (50% - 74% exotics) Herbaceous dry prairie - disturbed (10% - 24% exotics) Shrub & Brushland - disturbed (25% - 49% exotics) Shrub & Brushland - disturbed (50% - 74% exotics) Brazilian pepper - disturbed (>85%) Australian pine Drainage ditches. minor (-S' average width) Borrow ponds . .. '. ..' .,- ... ... . :ro~aI ·.VVS!d~~ . ~rë:)~ No ..".. ........, . .--.'-'" "", .'" - . -.... . ... ., - .. ..- .. -,...... 0., ..........._ '. _ _, . . . . . ., ... .... - ..,..... - . .. ....... .... . .... '." . .. .. . -, -.,. ., ....... .. --.. - ..-, .... ... HApp~ :...·.Ät:~H . .. " ....- '. ',.-. ...... ......... 8.1 No No No No No O~ O~ 28 0.6 4.3 19.3 0.4 1.1 0.2 36.8 The attached Habitat and Protected Species Survey Report provides a detailed description of all community types found on the project site, in accordance with the criteria listed above. B. Explain how the project meets or exceeds the native veretation preservation requirement in Goal 6 of the Conservation and Coastal Manarement Element of the Growth Mana¡ement Plan. and Division 3.9 of the Land Development Code. Provide an exhibit iIIustratinr such. Include calculations identifyin( the acreare for preservatíon and impact. per FLUCFCS cate(ory. There are no native vegetative communities or wildlife habitat on the site. A meeting was held with Robert Wiley and Laura Roys of Collier County and the project team on the afternoon of July 27, 2004 to discuss a variety of issues regarding the proposed project. The FLUCCS map and aerial photograph were provided as exhibits for discussion, and the site conditions were described. Ms. Roys indicated that due to the level of disturbance, lack of native habitat, and predominance of nuisance and exotic vegetation, no native vegetation preservation would be required. A site visit by County staff may be necessary to verify these conditions. Further, in accordance with Section 3.9.4.2. of the LDC, an exception from the vegetation retention Page 7 of 13 Agenda Item No. BE June 28, 2005 Page 117 of 128 Environmental Impact Statement Regal Acres - Habitat for Humanity Revision I: March 11,2005 or Florida There are no Collier County jurisdictional wetlands on the site. Please refer to Attachment 4. SFWMD Jurisdictional Determination, as well as Attachment 6: Habitat and Protected Species Survey Report for additional detailed information regarding FlUCFCS Code descriptions. There are approximately 1.3 acres if jurisdictional "Other Surface Waters" (OSWs) on the site, consisting of 1.1 acres of old agricultural ditches and two borrow ponds totaling 0.2 acres. The agricultural ditches appear to be remnant conveyances, as they were observed to be dry during the middle of the wet season Ouly 2004 site visit). The two small borrow ponds are heavily dominated by cattails, and ringed with primarily Brazilian pepper. After thorough site investigations, no biological indicators of existing seasonal high water (SHW) levels were found on the property. It is apparent from observing current site conditions that the SHW elevation is below natural ground elevation. No adventitious rooting. lichen lines, drift lines, water stain lines, or moss collars were observed. One cypress tree found growing in one of the ditches exhibited faint lichen lines located several inches above the bottom of the ditch, but below adjacent natural grade. Site conditions indicate that this area has been experiencing a degraded hydroperiod over time, likely caused by alterations in the landscape and surrounding development and activities. Not applicable. No jurisdictional wetlands present. Page 9 of 13 Agenda Item No. 8E June 28. 2005 Page 118 of 128 Environmental Impact Statement Regal Acres - Habitat for Humanity Revision I: March II, 2005 D. Indicate how the project desi~ compensates for wetland impacts pursuant to the Policies and Objectives in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan. For sites in the RFMU District. provide an assessment. based on the South Florida Water Management District's Uniform Miti~tion Assessment Method, that has been accepted by either the South Florida Water Management District or the Florida Department of Environmental Protection. For sites outside the RFMU District. and where hi&f'\er quality wetlands are being retained on-site. provide justification based on the Uniform Mitiption Assessment Method. Not applicable. 3.8.5.6. SURFACE AND GROUND WATER MANAGEMENT. A Provide an overall description of the proposed water management system explaining how it works. the basis of desiro. historical drainage flows. off-site flows coming in to the system and how they will be incorporated in the system or passed around the system. positive outfall availability. Wet Season Water Table and Dry Season Water Table. and how they were determined. and any other pertinent information pertaining to the control of storm and ground water. Please refer to Attachment 9: Preliminary Engineering Report: Surface Water Management, for preliminary information regarding surface and ground water management. More detailed information will be provided during the SDP phase of the review process. B. Provide an analysis of potential water quality impacts of the project by evaluating water quali1;y loadin(s expected from the project (post development conditions considering the proposed land uses and stormwater management controls) compared with water quality loadings of the project area as it exists in its pre-development conditions. This analysis is required for projects impacting five (5) or more acres of wetlands. The analysis shall be performed using methodolo(ies approved by Federal and State water quality agencies. Not applicable: the project does not impact any wetlands. No water quality impacts are anticipated from this project. The surface water management system will provide the required water quality and water quantity storage volumes required for the site per SFWMD rules and regulations. Please refer to Attachment 9: Preliminary Engineering Report: Page 10 of 13 ~_._- --- "-"." "'.- ., Agenda Item No. 8E June 28,2005 Page 11 9 of 128 Environmental Impact Statement Regal Acres - Habitat for Humanity Revision I: March II, 2005 Surface Water Management, for preliminary information regarding Water quality. More detailed information will be provided during the SDP phase of the review process. Not applicable. According to the Collier County Ground Water Protection Ordinance, the sùbject parcel is not within any Special Treatment Overlay Zones or Wellfield Risk Management Zone. Therefore, no additional special measures to protect groundwater quality are necessary. 3.8:5.7. LISTED SPECIES. Please refer to Attachment 6: Habitat Be Protected Species Survey Report. nities similar to ose Please refer to Table 4 of the attached Habitat" Protected Species Survey Report for a complete list of protected species that are known to inhabit biological communities similar to those existing on the site. This table provides all potential listed species that might occur on the site based on the FLUCCS Codes represented on the site, species presence, and likelihood of their occurrence. Included is a discussion regarding each species that may be of concern at the project site. No listed wildlife species or their signs (burrows, scat, tracks. cavity trees, vocalizations, etc.) were observed on the project site during the survey. The likelihood that any protected species utilize the site to any significant degree was deemed very low. Page II of 13 Agenda Item No. 8E June 28, 2005 Page 120 of 128 Environmental Impact Statement Regal Acres - Habitat for Humanity Revision I: March I I, 2005 No listed plant species were observed on the subject property. The probability of occurrence of listed plant species on the site is considered low due to the distUrbed nature and prior clearing of the site. General wildlife utilization of the site appears to be very low. This is likely to be caused by the degraded nature of the site. During the wet season, there is the potential that listed wading birds may use the ditches and borrow ponds as foraging areas. However, it is expected that such usage would have limited frequency due to the high densities of vegetation in these areas (i.e. dense cattail stands in the small borrow ponds, and Brazilian pepper in and along the ditches), the limited duration of inundation, and limited prey base. C. Indicate how the project design minimizes impacts to species of special status. Describe the measures that are proposed as mitiption for impacts to listed species. No species of special status or their signs were directly observed on the site. Due to the highly degraded nature of the site, utilization of the site by protected species is unlikely. Therefore, the project is not expected to negatively impact these species. D. Provide habitat management plans for each of the listed species known to occur on the propert;y. For sites with bald ea¡le nests and/or nest protection zones. bald earJe management plans are required. copies of which shall be included as exhibits attached to the PUD documents. where applicable. Not applicable. No listed species knoW!" to occur on the property. E. Where applicable. include correspondence received from the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS). with reprds to the project. Explain how the concerns of these agencies have been met No correspondence from FFWCC or USFWS has been received. Communication with these agencies may be required as the project continues through the permitting process. We will provide the County with all applicable correspondence. Page 12 of 13 Agenda Item No. BE June 28,2005 Page 121 of 128 Environmental Impact Statement Regal Acres - Habitat for Humanity Revision I: March' I I ,2005 3.8.5.8. OTHER A. For multi-slip dockinc facilities with ten slips or more. and for all marina facilities. show how the project is consistent with the Marina Sitinr and other criteria in the Manatee Protection Plan. Not applicable. a. Indude the results of any environmental assessments and/or audits of the proper1;y. If applicable. provide a narrative of the cost and measures needed to clean up the site. An environmental assessment or audit of the property has not been done, to the knowledge of this applicant. C. For sites located in the air Cypress Area of Critical State Concern-Special Treatment (ACSC-ST) overlay district. show how the project is consistent with the development standards and relulations established for the ACSC-ST. Not applicable. D. Soil samplinc or :round water monitorinl reports and prouams shall be required for sites that occupy old farm fields. old rolf courses or for which there is a reasonable basis for believinl that there has been previous contamination on site. The amount of sampling and testinr shan be determined by the Environmental Services staff alonl with the Pollution Control Department and the Florida Department of Environmental Protection. Please refer to Attachment I I: Soil Sampling Report. According the this report, no organochlorine pesticide contamination was found. E. Provide documentation from the Florida Master Site Rle. Florida Department of State and any printed historic archaeolo&ical surveys that have been conducted on the project area. Locate any known historic or archaeolo&ical sites and their relationships to the proposed project design. Demonstrate how the project desi(O preserves the historidarchaeolo&ical inte&ri1;y of the site. Page 13 of 13 Agenda Item No. BE June 28, 2005 Page 122 of 128 Environmental Impact Statement Regal Acres - Habitat for Humanity Revision I: March II, 2005 There are no known archaeological or historic sites or relationships on or immediately adjacent to the proposed project site. Please refer to Attachment 5: Letter from Florida Dept. of State re: historical resources. 3.8.6 ADDITIONAL DATA. The Development Services Director may require additional data or information necessary in order to make a thorou~ and complete evaluation of the EIS and project. Noted. Page 14 of 13 Agenda Item No. 8E June 28, 2005 Page 123 of 128 (i) PUDZ-2oo4-AR-6919 PROJECf #2004050014 DATE: 12/14104 KAY DESELEM COLLIER COUNTY APPLICATION FOR WAIVER OF mSTORlC AND ARCHAEOLOGICAL SURVEY AND ASSESSMENT ~~~\ PROJECT NAME :~ Acres DATE: AulZUSt 29.2004 LOCATION (COMMON DESCRIPTION) : Located on the west side of Greenway Road. approximately 3 ~ miles east of Collier Boulevard (C.R. 951), and apt)J"oximatelv 1 mile north oiU.S. 41. Section 12. Townsbip 51S. RanS!e 26 E. Collier Countv. Florida. SUMMARY OF W AlVER REQUEST: This request is to waive historic and arcbaeolo~cal survey and assessment due to characteristics of the propertY. The majority of the Dropertv was Dreviouslv used as a farm field and is currently veS!etated with exotics. The remainder of the Dropertv is improved with a sim,le-familv residence and a mobile home. SECI10N ONE: APPLICANT AND PROPERTY OWNERSHIP DATE A. Name of applicant(s) (if other than property owner, state relationship such as option holder, contract purcbaser,lesscc, trustee, etc.): Habitat for Humanity of Collier County. Inc. Mailing Address: 11145 Tamiami Trail E. NaDles. Florida 34113 Phone: (239 ) 775-0036 FAX: (239 ) 775-0477 B. Name of agent(s) for applicant, if any: Vincent A. Cautero. AICP Mailing Address: 3106 South Horseshoe Drive Naples. Florida 34104 Phone: ( 239 ) 643-2324 FAX: (239 ) 643-1143 Page 1 of 4 Agenda Item No. 8E June 28, 2005 Page 124 of 128 c. Name of owner(s) of property, if different than applicant: Mailing Address: Phone: ( ) FAX: ( ) Note: Ifnames in answers to A and/or B are different than name in C, notarized letter(s) of authorization from property owner(s) (C) must be attached. SECTION TWO: SUBJECT PROPERTY DATA A Legal description of subj ect property. Answer only 1 or 2, as applicable. 1. Within platted subdivision, recorded in official Plat Books of Collier County. Subdivision Name: Plat Book Section Page Township Unit Block Lot Range Note: Attach copy of the plat book page (obtainable from Clerk's Office at the original scale) with subject property clearly marked. 2. If not in platted subdivision, a complete legal description must be attached which is sufficiently detailed so as to locate said property on County maps or aerial photographs. The legal description must include the Section, Township and Range. If the applicant includes multiple contiguous parcels, the legal description may describe the perimeter boundary of the total area, and need not describe each individual parcel, except where different zoning requests are made on individual parcels. A boundary sketch is also required. Collier County has the right to reject any legal description which is not sufficiently detailed so as to locate said property, and may require a certified surveyor boundary sketch to be submitted. B. Property dimensions Area: square feet, or Width along roadway: 865.69' Depth: 1329.14' C. Present use of property: Vacant: improved sinl!le family residential D. Present zoning classification: RSF-5 36.74+/· acres Page 2 of4 SECTION THREE: Agenda Item No. 8E June 28, 2005 Paqe 125 of 128 WAIVER CRITERIAIW AIVER REOUEST A. Properties located within an area of Historica1l Archaeological Probability with low potential for historical/archaeological sites may petition the Community Development and Environmental Services Administrator or his designee to waive the requirement for an Historica1l Archaeological Survey and Assessment. The Community Development and Environmental Services Administrator or his designee sball review and act upon the waiver request within five (5) working days of receiving the application. The waiver request shall adequately demonstrate that the area bas low potential for historica1larchaeological sites. Justification sball include, but not limited to the fo».owing: 1. Aerial Photograph 2. Historical land use description 3. Description of1and cover, land formation and vegetation The Community Development and Environmental Services Administrator or his designee may deny a waiver, grant the waiver, or grant the waiver with conditions. The decision of the Community Development and Environmental Services Administrator or his designee regarding the waiver request shall be provided to the applicant in writing. In the event of a denial of the waiver request. written notice shall be provided stating the reasons for such denial. Any party aggrieved by a decision of the Community Development and Environmental Services Administrator or his designee regarding a waiver request may appeal to the Preservation Board. Any party aggrieved by a decision of the Preservation Board regarding a waiver request may appeal that decision to the Board of County Commissioners utilizing the procedure outlined in Section 2.2.25.11. B. Waiver Request Justification 1. Interpretation of Aerial Photograph: A majority of the site is ves:etated with exotics. Remnant agricultural ditches are also present. The remainder southern portion of the site is cleared and is improved with a sinllle-family residence and a mobile home. 2. Historical Land Use Description: The previous use of the site was farm. field. The northern portion of the site is currently vacant and has not been cleared for several Years.' The southern portion of the site is cleared land and currently improved with a simde-family residence and a mobile home. 3. Land, cover, formation and vegetation description: There are no unique or rare vC2etation associations present. RouWly 75% of the site is covered by Brazilian Pepper. disturbed. 4. Other: This provision is to cover instances in which it is obvious that any archaeological or historic resources . which may have existed has been destroyed. Examples would be evidence that a maj or building bas been constructed on the site or that an area has been excavated as a quarry. The Community Development and Environmental Services Administrator may seek counsel of the Chairman of the Historicl Archaeological Preservation Board when it is not completely evident that the site is without archaeological or historic value. Page 3 of 4 Agenda Item No. 8E June 28. 2005 Page 126 of 128 SECTION FOUR: CERTIFICATION A. The applicant shall be responsible for the accuracy and completeness of this application. Any time delays or additional expenses necessitated due to the submittal of inaccurate or incomplete information shall be the responsibility of the applicant. B. All information submitted with the application becomes a part of the public record and shall be a permanent part of the file. C. All attachments and exhibits submitted shall be of a size that will fit or conveniently fold to fit into a legal size (8 12" X 14") folder. ~~-~. Signature of Applicant or Agent Vincent A. Cautero. AICP Printed Name of Applicant or Agent ·*TO BE COMPLETED BY THE COMMUNITY DEVELOPMENT SERVICES DMSION .. SECTION FIVE: NOTICE OF DECISION A. The Community Development and Environmental Services Administrator or his designee has made the following determination: 1. Approved on: 2. Approved with Conditions on: 3. Denied on: (see attachment) (see attachment) Page 4 of 4 Agenda Item No. 8E June 28, 2005 Page 127 of 128 ORDINANCE NO. 05-_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIOENRS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED THE COLLIER COUNTY LAND DEVELOPMENT CODE, AS AMENDED, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS; TO CHANGE THE ZONING CLASSIFICATION OF THE SUBJECT REAL PROPERTY FROM THE RESIDENTIAL SINGLE-F AMIL Y (RSF)-5(3) ZONING DISTRICT TO THE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT KNOWN AS THE REGAL ACRES RPUD TO ALLOW FOR A MAXIMUM OF 184 RESIDENTIAL UNITS; AND, FOR CONSIDERATION AND APPROV AL OF AN AFFORDABLE HOUSING DENSITY BONUS AGREEMENT AUTHORIZING THE DEVELOPER TO UTILIZE AFFORDABLE HOUSING BONUS DENSITY UNITS (IN THE AMOUNT OF 74 UNITS AT 2.0 BONUS DENSITY UNITS PER ACRE) FOR LOW-INCOME RESIDENTS THAT WILL DESIGNATE 100 PERCENT OF THE UNITS AS AFFORDABLE HOUSING UNITS LOCA TED ON THE WEST SIDE OF GREENWAY ROAD, EAST OF COLLIER BOULEVARD (C.R 951), AND NORTH OF U.S. 41, IN SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 36.75± ACRES; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Coastal Engineering Consultants, Inc., representing Habitat for Humanity of Collier County, Inc., and Eugene U. Frey, petitioned the Board of County Commissioners, in Petition No. PUDZ-2004-AR-69 I 9, to change the zoning classification of the subject real property as part of Petition-2004-AR-69J 9. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that; SECTION ONE: The zoning classification of the subject herein described real property, as described in Section 1.2. of the PUD document, attached hereto, as Exhibit "A" and incorporated by reference herein located in Section 12, Township 51 South, Range 26 East, Collier County, Florida, is changed fÌom the Residential Single-family (RSF)-5(3) zoning district to the Residential Planned Unit Development (RPUD) zoning district for the project known as the Regal Acres RPUD to allow for a maximum of 184 residential units; and for consideration and approval of an affordable housing density bonus agreement authorizing the deveJoper to utilize affordable housing bonus density units in the amount of 74 units at 2.0 bonus density units per acre, for low-income residents that will designate 100 percent of the units as Affordable Housing units in accordance with the Regal Acres PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The appropriate zoning atlas map or maps; as described in Ordinance Number Page 1 of2 Agenda Item No. 8E June 28. 2005 Page 128 of 128 2004-41, as amended, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this _ day of ,2005. ATTEST: DWJGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk FRED W COYLE, CHAJRMAN Approved as to fonn and legal sufficiency Patrick G. White Assistant County Attorney PUDZ-2004-AR'{;919/KD/sp Page 2 of 2 Agenda Item No. 9A June 28, 2005 Page 1 of 5 ",,-'-- EXECUTIVE SUMMARY RECOMMENDATION TO DECLARE A VACANCY ON THE PUBLIC VEHICLE ADVISORY COMMITTEE OBJECTIVE: To declare a vacancy on the Public Vehicle Advisory Committee and to direct staff to issue a press release soliciting resumes in an effort to fill the vacant position. CONSIDERATIONS: Ordinance No. 2001-55, Section 8, reads as follows: "It is the intent and strong desire of the Commission that there be full attendance of advisory Board members at all meetings ofthe Boards, recognizing, however, that it may be necessary for Board members to be absent from a meeting due to unusual or emergency circumstances. Nevertheless, full attendance at Board meetings is encouraged and necessary for the proper operation of the Boards and in furtherance thereof the following requirements are established: A. Any Board member who is absent for more than one-half of the Board's meetings in a given fiscal year shall be deemed to have tendered his or her resignation for such Board. The Commission shall, as soon as practicable after such resignation, declare the positioQ to be vacant and shall promptly fill same pursuant to the provisions of Section Six herein. The Board member shall not serve at any meetings after his or her position is declared vacant by the Commission. B. In the event that any Board member is absent fÌ'om two consecutive Board meetings without a satisfactory excuse acceptable to the Board chainnan, the Board chainnan shall state such fact at the next regularly scheduled Board meeting and shall thereafter notify, in writing, the Administrative Assistant to the Commission of the Board member's failure to attend without satisfactory excuse. The Commission shall review the Board "_ Chairman's notification at a Commission meeting and shall declare the Board member's position to be vacant if the Commission concurs that the Board member was absent from two consecutive Board meetings without a satisfactory excuse and shall promptly fill same pursuant to the provisions of Section Six herein. The Board member shall not serve at any meetings after his or her position is declared vacant. C. A member of a Board shall be deemed absent from a meeting when he or she is not present during at least 75% of the meetings. Attached is a memorandum from staff advising that on June 6, 2005 the Public Vehicle Advisory Committee voted to request that the term for Richard Pickett (serving in the capacity of Alternate Non-Affiliated) be declared vacant for his lack of attendance, and that the Board of County Commissioners direct staff to advertise to fill the vacancy. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation to declare a vacancy on the Public Vehicle Advisory Committee and direct staff to issue a press release soliciting new members. It is also recommended that the Board of County Commissioners direct the County Attorney to prepare a resolution declaring the position vacant. Prepared By: Sue Filson, Executive Manager Board of County Commissioners - Date: JUNE 28, 2005 Item Number Item Summary Meeting Date Agenda Item No. 9A June 28, 2005 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 9A Recommendation to declare a vacancy on the Public Vehicle Advisory Committee. 6/28/200590000 AM Prepared By Date Sue Filson Board of County Commissioners Executive Manager to the BCe 6/10/2005 9:46:49 AM BCC Office Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 6/10/20057:18 PM Agenda Item No. 9A June 28, 2005 30f5 . -. - Coli ier County Code Enforcement Memo To= Sue Filson. Execuöve Manager From: Michelle Arnold, Code Enforcement Director CC: Jamie MacKenzie, Administrative Secretary D.- 611012005 He PVAC recommendation to remove committee member At the June 6, 2005 meeting d the Public Vehicle Advisory Committee (PVAC) the members in attendance apprcwed a motion to forward a recommendation to remove, PVAC member Riå'lard Pickett, Iran the committee. The recommendation is being forwarded due to more than 3 consecutive unexcused absences. Please forward this recommendation to the Board d County Commissioners and if approved, post the vacancy d this position at your ear1iest convenience. Thank you for your time and consideration. Agenda Item No. 9A June 28, 2005 Page 4 of 5 Public Vehicle Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Russell Berghuis 03/23/04 09/02104 6 months 6202 Shadowood Circle 417-5118 09/21/04 09/02/08 4 Years Naples, FL 34112 E-Mail: District: 1 Category: Non-Affiliated Mr. Richard David Pickett 417-8511 11/16/04 09/02/08 4 Years 3025 48th Terrace, S.W. 732-7194 Naples., FL 34116 E-Mail: tazmaniac621@earthlink.net District: 3 Category: AL TERNA TE - Non-Affiliated Mr. Tony Marino 593-5567 03/23/04 09/02/04 6 months 729 Regency Reserve Circle, #5503 353-7036 09/21104 09/02/08 4 Years Naples, FL 34119 E-Mail: District: 3 Category: Affiliated Mr. RandaU R. Smith 262-1914 03/23/04 09/02104 6 months 9120 The Lane 513-0501 09/21/04 09/02/08 4 Years Naples, FL 34109 E-Mail: rsmith@nttdestination.com District: 2 Category: Affiliated Mr. Michael L. Meode}eI¢tP' 394-1113 03/23/04 09/02/05 1.6 Yrs ~. 390 Ortega Lane 4~ 642-6893 Naples, FL 34145 E-Mail: katmikmen@comcast.net District: 1 Category: Affiliated ~ Wed1ustI4y, N--wer- 17, ZtHU Pall#! 1 012 Agenda Item No. 9A June 28, 2005 Page 5 of 5 Public Vehicle Advisory Committee Name Work Phone Âppt'd Exp. Date Term Home Phone DaûR~ 2ndExpDate 2nd Term Mr. Allen B. Walburn 925 8th Avenue South Naples. FL 34102 E-Mail: awalbuml@comcast.net District: 4 CoJegory: Non-Affiliated 11/13/01 263-8833 03123/04 09/02/04 09102105 3 Years 1.6 Yrs /' This 5 member and 1 alternate member was created by Ord. No. 86-4, re established by Ord. 91-93, amended by Ord. 93-15 and Ord. 95-66 to review and approve applications for a Certificate to Operate, taxicab color schemes pursuant to ordinance, and review and make recommendations to the Public Vehicle Board (BCC) reg¡Wing issues related to the motor vehicle for hire business and regarding alleged violations of Ord. 91-93. Membership consists of no more than 3 members who hold Certificate6 to Operate a m«*w vehicle for hire company in Collier County and no fewer than 2 and the remainder of the m.-nber's are in no way affiliated or associated with any holder of a certificate. /.--- On 12/11/01 Ord. No. 2001-75 amØ'1ding Old. 95-66, See. 142-30 (b) slates: The PVAC shall consist of five members and one aItemaIe member. Not less than two nor more than three members shall be holders of oertifiaIIe& of public convenience and necessity to operate a motor vehicle for hire business and not less than two nor more than three members shall be individuals who are In no WfItJ affiliated or 888Cciated with any holder of a certificate of public convenience and necn¡¡ity. T enns are 4 years. FL STAT Staff: Michelle Arnold, Code Enforcement Director: 403-2413 Wedtu5dtzy, Nottember 17, 2fJfN Pøge 2 0/2 EXECUTIVE SUMMARY Agenda Item No. 98 June 28, 2005 Page 1 of 12 APPOINTMENT OF MEMBER(S) TO THE BA YSHORE BEAUTIFICA nON MSTU ADVISORY COMMITTEE OBJECTIVE: To appoint I member to fulfill the remainder of a vacant term, expiring on March 3, 2009, to the Bayshore Beautification MSTU Advisory Committee. CONSIDERATIONS: The Bayshore Beautification MSTU Advisory Committee has I vacancy with the term expiring on March 3,2009. This 5 member advisory committee was created on December 16, 1997, by Ordinance No. 97-82 to provide curbing, watering facilities, plantings and maintenance of the median strips of roadways within the MSTU; provide traffic calming improvements; and, beautification and maintenance of other areas within the MSTU. Members will also prepare and recommend an itemized budget to the Board of County Commissioners. Members must be permanent residents or owners of commercial property within the MSTU boundaries. A list of the current membership is included in the backup. A resignation was received from Sharon King on March 9, 2005. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT CA TEGORY DlST ELECTOR ADV. COMM. None None Raymond Perrine Mark Berman Commercial Pro e Owner Resides within MSTU District COMMITTEE RECOMMENDATION: Raymond Perrine FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint I member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: JUNE 28, 2005 ,- Item Number Item Summary Meeting Date Agenda Item No. 9B June 28, 2005 Page 2 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 9B Appointment of member to the Bayshore Beautifícation MSTU Advisory Committee. 6/28/20059:00:00 AM Prepared By Date Sue Filson Board of County Commissioners Executive Manager to the BCC 6/10/20059:46:49 AM BCC Office Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 6/17/200512:42 PM Agenda Item No. 98 June 28, 2005 Page 3 of 12 { EMBED Photoshop.lmage.6 \s } TO: Sue Filson, Executive Manager Board of County Commissioners FROM: Tessie Sillery, Operations Coordinator DATE: June 13,2005 SUBJECT: Bayshore Beautification MSTV Recommendation to the Board for Filling Vacant Position. The Bayshore Beautification MSTU, has reviewed the two applications received by the prescribed deadline for the one vacancy. Applicants were evaluated based on their potential contributions to the Committee. Mr. Perrine is a Commercial Property Owner within the MSTU's district boundary and Mr. Berman Resides within the MSTU's district boundary. Both applicants meet the criteria required to be eligible for the committee. The Committee recommends the following applicant for appointment to the vacant term as indicated below: TYPE OF TERM NAME APPOINTMENT EXPIRES FIELD OF EXPERTISFJCATEGORY Raymond Perrine Initial Appointment Marcb 3,2009 BS in Building Construction. Collier County Resident 30 years, Partner of Harmony Shores Mobile Home Park (4yrs), Conummity Activities: Pop Warner Football Cooch (4 yrs), At this time the Committee does not recommend the following applicant for appointment to the Committee: nELD OF EXPERTISFlCATEGORY NAME Mark Berman High School Diploma, Collier County Resident 15 years, Small Business Owner (Contractor) since 1988, Rental Property Mgmt. Community Activities: Beach Clean-up, Former Boy Scouu of America Leader, Volunteer Naples High School, Band Booster Member, Community Blood Donor - 20 yrs, Little League Coach. Please let me know if you need additional information. Transportation Services Division Alt. Transportation Modes Department Agenda Item No. 98 June 28, 2005 Page4of12 .~ Bayshore Beautification MSTU Advisory Committee Name Work Phone Á.ppt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Sharon King 0 J; 771-3531 04127/04 03/03/05 1 Year 2207 Dominion Drive ~ ~Y'tP.( ~ 714-4176 02122/05 03/03/09 4 Years Naples. FL 34112 3A/ E-Mail: king5754411@cs.com District: 4 Ciltegory: Resident Mr. Victor L. Brittain 04/27/04 03/03105 I Year 2779 Beeea Avenue 793-3223 02/22/05 03/03109 4 Years Naples, FL 34112 E-Mail: barecloset@aol.eom District: 4 Category: Resident Mr. Thomas E. Finn 03/11/03 03/03/06 3 Years 3524 Windjammer Circle 793-2085 Naples, FL 34112 E-Mail: District: 4 Ciltegory: Resident Mr. Maurice Gutierrez 263-0572 08/03/99 03/03/00 8 Months 2736 Shoreview Drive 774-7022 01/27/04 03/03/08 4 Years Naples, FL 34112 E-Maü: District: 4 Category: Resident Mr. Bill L. Neal 03/03/98 03/03/00 2 Years 4800 Yacht Harbor Drive. #822 714-6325 01127/04 03/03/08 4 Years Naples, FL 34112 E-Mail: District: 4 Category: Resident r--. Wnlnl!;U/ay, FebrutU7 23, 2( ( j Page 1 0/2 Agenda Item No. 98 June 28, 2005 Page 5 of 12 ..--.... Bayshore Beautification MSTU Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member committøe was created on December 16, 1997, by Ordinance No. 97-82 to provide curbing, watering facilities. plantings and maintenance of the median strips of roadways within the MSTU; provide traffic calming improvements; and. beautification and maintenance of other areas within the MSTU. Members will prepare and recommend an itemized budget to the Board of County Commissioners. Members must be permanent residents or owners of commercial property within the MSTU. Terms are" years. FL STAT 125.01 Stoff: Liz Deleen, Transportation Operations Coordinator: 417-6981 -re5S/~ $; IJ-evy .2,.'3_SBllO weœ.ødø:y, FdrutUy 23, 21105 Pap 2 0/2 Agenda Item No. 98 June 28, 2005 Page 6 of 12 MEMORANDUM TO: May 27, 2005 Elections Office ~ ' Sue Filson, Executive Manag Board of County Commissione ,I DATE: FROM: RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individwùs 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. BAYSHORE BEAUTIFICATION MSTU COMMISSION DISTRICT Raymond Perrine 405 Leawood Circle Naples, FL 34104 Mark Berman 73 Constitution Drive Naples, FL 34112 3 1 Thank you for your help. ~ r- (" r: .\'- rì t·..". r~~. ~~<#. ~.._, "'-, .'-- ~,..t ,,:. ~." JI 'I·' ,'. '\ ",.J :.;,.\ ,¡ t __t.;v ",",...:;·Ö ( 'õ L,::'...!i'~· \_~II;':!;li~.<;"IC-:!i'~·S MEMORANDUM Agenda Item No. 98 June 28, 2005 Page7of12 DATE: May 27, 2005 TO: Tessie Sillery, Transportationw ~oordinator Sue Filson, Executive Manage Board of County Commission FROM: RE: Bayshore Beautification MSTU Advisory Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Raymond Perrine 405 Leawood Circle Naples, FL 34104 Mark Berman 73 Constitution Drive Naples, FL 34112 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-:fi'ame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments e --e e ... ,-"" ,'~ r: 0 'Rc,'" ~n_ ~ \i 1- k...~.} ~- fi "Inti&:' L\)U~ r'" ..... , . . "'. .. ~(;'~~:'(. c>..:... <,,~:;:~.\ :, <>:!::::~:~~~<.:~{.:., .~.~~}; :..~¡': ':·a:::~.~;~~~ : ~ ~~~~ Agenda Item No, 98 June 28, 2005 Page 8 of 12 '~. . ,Lf,,:/¡ i , , ' 7, . . j , 1 ï' J .~. .;">::<''':~~:\):~ \. ,,...,.:. ""-"{' .... . ..,. .. ...--, ,.. .'? ( I(~:~: :~::~ ~ ~"t"S/:~(J:::.~:~ lIome Phone: _,775- ZilÞ rlnee or ((mIÞloymenl:. __Pcrrinè Knterpriscll. 3078 T¡sm;:ami Tr3il E. Nal)lc*i. 10''' 34112 8ðnrd nr (:ommittcc Appliccl for: .__ MSTtJ - fu."--'\~~ Bcau1ification__,_ ,_ ,,~ , ,"_ ......-- No XX .-.....- Dn you H.W "'",e, or 1ÞI~,you ",",C'rRn'cd, Dn. ('CÞ'K"I'(~_"'Y bc.ardurrocnmittfto? \'e!i_ _ No _.' If)'('l'. lk'aw .i!lt 'he' C'om..iU..'ØIbocards:___ _ Pleasc.~ Ii,., your comma.ãty 4ctivit.ia (civic clubs. nc~hbclrhood UWOci:aliomc. (,~c, 8I'Id lu",itiol1l1 held:_....., _POI) W;.rner_F04ttball Coach for 4yl"S _ , .... ," ._ .- MA\ ~~::):~'\~ :. = .: ~: : ~ (. rl'u;;s\or.er\'ò ßo3rd ('>;';~"'j ",om . i:lfE· {.!.~.~; "".... ~ ':':'~i';- :.'.1\: L~.·;·ì ~ .--. ; ,;(.,~~ :'0:' NUIII(': _._Raymond Perrinc_ . K5iJC) -"--. ....- Home Addn~~:_ 405 l.enwood Or (:odt~: ._~14J04_... .... ......- F~." No,__ 775-4178_ HU5ine5N. Phone:: __"5-3-&O'U)(' 77!t-J80J ..dd~'f/II:. 1)ClTine.inrfuJ.r.Þmrast.nel CMnu,il eSS;:BO SO £2 F;ew C31A.~Ory (ir:lpplícablo):__. _ .'._ ,_... .':,.........' (',-...- )h frit't, ......C'Iopc'r. ~...... I.y ...~ IU. How lon~ hn"t~ you lived in (~ollicr Coußty: 'Veanl_J(1 (:lPProx)_.__ Month. Arc you n rc~stcred v.J«(,'r ilt CÐllier County: YL"S ..__XX__..... ~o_, 1)0 you currçntly hold public office? Yø If 50. _hat i" thai OmR"! _ _ n No xx__.... lIave you tver b~n ('onvictt"d or any olTens41' n~jl1st the- L:lw? rry(~~. (·:tplain: ___ Yes. .-.. --',. -,. -.". ..---." ":ducution: .._BS Buildin~ {~on!Ctrut.tion__ .... --- ..- ":¡;IK'ri(''nct~: . __Partner ofMobilè lIome Park.~ 1:I~t 4 yn_. ..-. --, "-~'.- ,--_. '--"--. "'--. '- -,. --- -- t ' d B¿ttr-S¿¿-S£2 óiÞU' :...A...AóiÞd F;e~ Page 1 of2 Agenda Item No. 98 June 28, 2005 Page90f12 filson_s L: advisoryboards@coltiergov.net Sent: Friday, May 13, 2005 2:55 PM To: filson_s Subject: New On-line Advisory Board Application Subnitted. ~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax:(239)77~2 Ltþl,~.,: .~"':' . '.' .~.;! ." þ ~..- '4:~ / May 13, 2005 Application for Advisory Committees I Boards Name: Mark Berman Home Phone: 239-417-0329 Home Address: 73 Constitution Dr. e City: Naples Zip Code: 34112 Fax Number: 239-775-8234 Business Phone: 239-775-8234 Email Address:Porgy73@aol.com Place of Employment: Suncoast Roofing Of Naples,lnc. 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: The Bayshore Beautification MSTU Committee Category: (if applicable) No information provided. e Do you currently hold public office? No 5/13/2005 Page 2 of2 Agenda Item No. 9B June 28, 2005 Page 10 of 12 ,- - Do you now serve, or have you served on a Collier County board or committee? No Please list your community activities: Beach clean-up, former Boy Scouts of America, leader, Volunteer Naples High School, Band Booster Member, Community Blood Donor-2Oyrs, Little League Coach Education: High School Diploma Experience I Background: Small Business Owner(contractor) since 1988, Rental property management, Parent. --e ie 1_. 5/13/2005 .' . . '. ,~ " p.. 2 on Agen.da Item No. 9.£3 ., : . ...:' .' ·June.28, 20'05,: ".' ., :·Page.!fòp2·. .. . . From; ShIronD Kb!a 941·774-6436 To: SUe FiI.on ~. l.. , Dite: 3/1010' TIma: 6:06:36 PM ',' ,.: .',' , . . . ... ~. · , .' . , .. . . ,'. .: . . . . H. .'.' ... BMnl .rCO.a, ~.~....... . 3301 East T..m.uf. Tnd1 . Nap_ Florida 34112 . Attn: Sue Fi1aon . " ~ . . .',", ::'.' . '. :;'.:":r~~~·.·: .:.:..:.......:.::: ..~:.: .. .. .'. :.'. '. . '.' . . . '. . . ,'. '. . ' : ~. . ". ':".' : .......:' .. , ,',' . . .' " .', .' .... '. .': ':'\' , . '" '. . .... . U: P...IV-~·........;......Ji....11 ~.~ AþIa.IT·CI~ "'í~J , . ., .' ToWhomItMay~~ . '.' .. . . .... ", .'. DuriDI the MSTU ~ OD~ 9..2005;.n..d....,. -~~~:~ ;:",<:,:: . ,': . .. IhIIve~~.~·tbia~:~4~,~'..~~~~:~..:~:~···:,:,,·:,:·:;<:;·:.:< me to ~D'''IDY _"'bDl~ochlld éøtniDUøbt :.' ;'. .. . '.'. '. . ..' '.' .." :,' '.' " '. ..' .' .... ....:..... ·.·:.i.·:·.::·······:··:::;:··:·'·:,···..·:·<:·.:·;./<:.'.-:: lfiDditøui,no~beiDmy¡"'.~iO·q.-~J~~.o·~ict~·u~"';iIf._Od.itr·,·"·,·· ,.':"- .: COIIIJUÌUOe tbIIt bcøefIü my __11IIitt.. "'I.~fa.~ ~.."""'.~ .IJI..t1JI....... .': '. . . busfae- Ia.tbis.. I feel dud:" ",,,,.~...r" ......"Ú.,..~~:...:. . .' . . .... seeD ref1ecdV'ely 8t1tJOMl point. to ~.teIf~l~iW*..~~·........:...,.;øy:· œI¡hbors ofany beœfi13 ttìe....i.oît~ -.y·ofJeí~. ~,...~:to be.'. .. YOlunt.eel". ..:.:-..... :' .' " '. . . . ':: ': : .~... . . . '.. . . SiDcereiy.. .. . .' ~ .D.-14/h . ShIIIoDD.iana ' . '.' ~.. 3307 c.pa.¡¡. Cove .' t<:~ \ Napl-. Fl34112 ':"'~' . . ~'·ì.. ":" J -,'.., '. . · .'. ' '''. .... · . .' ·,f·· ". ." ,".. '.. ... .' ". . 0.. ~. .; . .;.:...,.:.. " . ....... . .... .. . . . .":' .. .' '.. '. . '. .." . . 239-774-4176 KiDg57S4411@&:a.ccI:Q . . ".': . ~, . .. .," ... ." ',' , '. , -: '. ,'. . . . , .' . -: , '. t·:· " .., .... Ag-enda Item No. 98 ..... R E C E \\/F [tuangee ~~ ~?~~ ·~:..(š~~) ·;,,·~..,jl" .&-~.' ,. . 0', _.·..~l .:.:. ''f!§ lJoa.·d of County Commissioncl'S 3301 Emil Tuminmi 'frllil NUI)ll':4. 1"1, J~112 (2.)4)) 77.J-SO()7 Fø:\;: (2J~)) 77.t.-3l..,2 ,\ pplication for Advisory COlllmittecs/Boards Namc:_Ra)'01Oad Perrine 8~9 Bonte Phone: _775-- Home AddrctlK:_ 405 {.cawood Cir Codc:_341Ö4 Zip Fax No. 775-4178 a...iDCIS Plaoac:_775-3408_or 775-3801_ e-mail add rø..':-pcrrinc.iac:~coßlcast.Dct Place: of Employmcnt:_PerriDe Enterprises,. 3071 T~ Trail E. N.pIClS, FL 34J n Boan! or Committœ Applied for:_MSTU 6.....,~~ í3x:- ,h"-" n c':"t<=H7~ Beautification Ca~ory (if applicable): F.umple: c.---- »wrld. Dewlopcr._4 ~-~...,.--" How lon~ have you lived ¡a Collier CouDty: Yean~3G(.,prox)_ Months Are you a regísten..-cf voter iD COllÎCr CoUDty: Ycs_XX.~o 1)0 you currçndy hold publÏf: Oß:ICe! Yes If ~I. what'" that omce7 NO_XX Have you ever been convicted of any ofTense apiøst the Law? Iryes. CXphÜD: Yes .No_XX__ Do you nuW scrve. Of" have you evef"..-cI. .. . c.llier c~...reI or _l1li&_1 YCII If yes. plcuc list tbe cómmiu-lboards: No Plcue list your ~ommunity adivítics «(i~ic dubs. ~bort.ood associatiou. de. ad positions bcld:_ _Pop Wanaer_l"ootball Coach for 4yn EduClltioD:_ RS BuildÎn~ Construction E1tpcricnce:_ Partner of Mobile Home PaJi(s last 4 ,n. 1 . cI B¿I.,-S¿¿-S£2 au'......ad ~~èI ··cI¡~·Ö·t£O SO 10 un(' EXECUTIVE SUMMARY Agenda Item No. 9C June 28, 2005 Page 1 of 10 ......,-'" APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY CODE ENFORCEMENT BOARD OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on February 14, 2006, to the Collier County Code Enforcement Board. CONSIDERATIONS: The Collier County Code Enforcement Board has 1 vacancy with the term expiring on February 14,2006. This 7 member board, plus 2 alternate members, is composed of, but not limited to, individuals representing the occupations of architect, businessman, engineer, general contractor, subcontractor 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 1 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 1 vacancy due to a resignation. A press release was issued and one resume were received from the following interested citizen: APPLICANT CATEGORY lli§! ELECTOR ADV. COMM. I Larry Dean Mieszcak I Real Estate ~ None - COMMITTEE RECOMMENDATION: Quasi-Judicial Board - no recommendation; however, Mr. Mieszcak meets the criteria for appointment. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the request for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: JUNE 28, 2005 .-- Agenda Item No. 9C June 28, 2005 Page 2 of 1 0 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 9C Meeting Date Appointment of member to the Collier County Code Enforcement Board. 6/28/20059:0000 AM Prepared By Date Sue Filson Executive Manager to the BCC 6/10/20059:46:49 AM Board of County Commissioners BCC Office Approved By James v. Mudd County Manager Date Board of County Commissioners County Manager's Office 6/171200512:45 PM -...-.--------.- Agenda Item No. 9C June 28. 2005 Page:3 of 10 (i) Memorandum To: Sue Filson, Executive Manager BCC From: Michelle Arnold, Code Enforcement Director Date: Monday, June 13, 2005 Subject: Code Enforcement Board I am in receipt of your memo dated May 27, 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 Larry D. Mieszcak Real Estate Should you require additional input please feel free to contact me at 403-2413. Code Enforcement Department Agenda Item No. 9C June 28, 2005 Page 4 of 10 Collier County Code Enforcement Board - North Name Work Phone Appt'd Exp. Dote Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Justin DeWitte 642-3000 04/26/05 02/14/07 2 Years 1060 Borghese Lane, # 11 02 784-3963 Naples, FL 34114 E-Mail: dewitte@mail.com District: Caiegory: AL TERNA TE -Business Professional Mr. Raymond J. Bowie 435-1007 10/28/03 02114/04 4 months 2175 Sheepshead Drive 775-0010 04/27/04 02/] 4/06 2 Years Naples, FL 34102 E-Mail: RealtyCounsel@earthlink.net District: 4 Category: REGULAR - Attorney - Real Estate Mr. Richard K.raenbring 596-2315 ] 0/26/04 02/] 4/06 4 months 1995 Tarpon Bay Drive North, #201 298-6215 04126/05 02124108 3 Years Naples, FL 34119 E-Mail: rkaenbring@swfla.rr.com District: 3 Category: REGULAR - Construction Ms. Sheri Barnett 591-2149 09/10/02 02114/05 3 Years 1160 27th Street, S.W. 455-4296 03/08/05 02114/08 3 Years Naples, FL 34117 E-Mail: scbarnettI@#earthlink.net District: 5 Category: REGULAR - Financial Planning Mr. Clifford Wesley Flegal, Jr. 774-9674 06/03/97 02/14/00 8 months 530 Augusta Boulevard, Unit 102 774-9674 01/13/04 02/14/07 3 Years Naples, FL 34] 13 E-Mail: sf1egall @worldnet.att.net District: 1 Category: REGULARlReahor --. I WøInøcløy, April 27. 2( ( 5 Pap 1 0/3 Agenda Item No. 9C June 28, 2005 Page 5 of 10 Collier County Code Enforcement Board - North Name Work Phone Appt'd Exp. Date Term Ho1tU! Phone DateRe-appt 2ndExpDate 2nd Term Mr. Jerry P. Morgan 04n6/0S 2350 Mont Claire Drive, #201 594-8204 Naples, FL 34109 E-Mail: District: 2 Category: REGULAR - Construction Mr. Gerald J. Lefebvre 65~2449 04n8/02 5389 Cove Circle 775-8604 02111/03 Naples, FL 34119 E-Mail: District: I Category: REGULAR - Real Estate/Zoning Mr. George P. Ponte 02/18/97 565 Augusta Boulevard, Apt. 10 793-1370 02/11/03 Naples, FL 34113 E-Mail: District: 1 Category: REGULAR - Retired CBS Employee VACANT Naples, FL E-Mail: District: Category: AL TERNA TE --- Page 2 ofJ WednestÚly, April Z7, 2005 02114/07 2 Years 02114/03 02114/06 1 Year 3 Years 02/14/00 02/14/06 3 Years 3 Years 02/14/06 Agenda Item No. 9C June 28, 2005 Page 6 of 10 Collier County Code Enforcement Board - North Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-øppt 2ndExpDate 2nd Term This 7 member board was created pursuant to Chapter 162 of the FL Stat. tJ'f Ordinance 88-89 and is composed of, bUt not limited to. individuals J.p.,¡¡snting the occupationS of schtt8Ct. businessman. engineer, general WIIltnIdOr. 8UÞ.Nomaetor and Realtor and are considel'ed, in part. on the baSis of _PerienC8 or intereSt In tbe __ of the codeS and ordinances to be enforced. MemberS are req\inld to file a Form 1 Statement of Financial I""'" 88Ch year with the SupervisOr of EIediOI"Is. Terms are 3 ytØ'S. This is a Quasi Judicial Boerd. Two anemate memberS were approved tJ'f Ord. 96-78 on 1213196. .._r- FL STAT 162 i Staff: Michelle ArnOld. Code EnforCement Director.: 403-2413 w_øday. April 27, 2005 Pøge 3 of 3 .- MEMORANDUM Agenda Item No. 9C June 28, 2005 Page 7 of 10 DATE: May 27, 2005 TO: Elections Office ~ Sue Filson, Executive Manage . Board of County Commission . FROM: 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. CODE ENFORCEMENT BOARD COMMISSION DISTRICT Larry Dean Mieszcak 7280 Carducci Court Naples, FL 34114 5 Thank you for your help. F~. ~:. Cé.~; ,,,- ë'~"< '.~'¡,..) r~,;~ :~ '\ L~~'j ßo~r[' c'. ,.,."."'.\! C()\;1"",~:,;o\;eí'; MEMORANDUM Agenda Item No, 9C June 28, 2005 Page 8 of 10 DATE: May 27, 2005 TO: FROM: Sue Filson, Executive M Board of County Cornmissio RE: Code Enforcement Board As you know, we currently have a vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Larry Dean Mieszcak 7280 Carducci Court Naples, FL 34114 Please let me know, in writing, the reconunendation for appointment of the advisory committee within the 41 day time-ftame, and I will prepare an executive summary for the Board's consideration. Please categorize tbe applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments <,.._~ -,,-,._~-_.._-- Application for Advisory CommitteeslBoards- Agenda Item No. 9C June 28, 2005 Page 9 of 10 - Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 board or rommittee! - - ~~~ PIau IIIIIIdt _, ~ bifonrrØÙ1ll :l-/eel pmiJrellt. nD qrJ~ -..u k ftm,tutIetllø S. flIsM, E:it.eøIdPe """0 III tile lJtHu8o/CtNUIIJ C~, 33( } EIØt TIIIIåMII TrrrJI,NtIpIa, n 34112. If,,,. lriall,pleae/lIJCyM'",,1IctItIr9III (l3')774-3tiØl or~ ".IIiI ID R"rli/soll~_._. n...k J'08/tr ~ "" _ tIw ~ ufc.lliø c...ty. cc_ :e -e e Agenda Item No. 9C June 28, 2005 Page 10 of 10 . S'1'AR 0' :ru.rJlOrs NrØ'l'T-~rø'l'll QØDAL A/lSJ/fIØLY IIOUS~ or UPU.ø7,'ATIVIlS lIou.. A..olut1oø MO. O~5 Off.red by R.pr..eatat1v. ~ B1gg1na ftØ.RDS, The members of the House of Representatives of r-h"" State of Illinois are pleased to congratulate Villa Park Trustee Larry ",~n Mieszèak on_t~e occasion of his retirement: and wB:I:KEAS, Mr. Mieszcak. known to mdny as Larry Dean, has lived in Villa Park since 1965; he worked as a real estate agent in Villa Park and Lombard for 23 years; and HDR&A8, As a trusteE:, he is especially proud of his work to bring a Chevrolet dealership from Elmhurst to Villa Park and in appro\ring the Walgreens pharmacy on Roosevelt Road, the Target store on North A"""nue, and the final plans to redevelop the former Oval tine factory into 10ft apaz"tments and r"etail stores and the construction of the new police station: and 1VJIJI:JtDS, He was invol ved in the conununi ty in many other capaci ties, serving in the Jaycees, Rotary Club, and Elmhurst Elks: he also served as the director of Harris Bank Oakbrook Terrace; and w.BZK&AS, Mr. Mieszcak has raised large sums of money over the years for varicus charitable organizations by serving as a volunteer auctioneer; and 1fJlIDU:AS, For years. he coordinated the collection and distribution ot food baskets ~o needy families over Thanksgiving holidays; and JfBJIf.RDS., He ,",'as named ð Paul Harris Fellow by the Rotary Foundation for hi s assistance tha t he gave for the furtherance of bet ter understanding among people of the world; and WJIZJIDB, He was twice selected as "Rotarian of the Year" by his local Rotary Club tor placing his service to the Club and cOlMluni ty above self; and w.BZA&AS, Following his retirement from the Village Board on December 20, 2004, Larry Dean plans to move to Naples, Florida, with his wife, Valerie; therefore, be it US'OLVZD, JlY f'JØ' BOUS'. or ØPUSØ'l'A.'l'rws or ftDr .aa_n·.-oURftf Q.Dßt\UL A8SZNBLY 0' ftDr .'l'.&'l'~ 0' rLLISO:rS, that we congratulate Larry Dean Mieszcak on the occasion of his retiz-ement as Trustee of the Villa Park Village Board; and be it further USOLWD, That a s¡Útable copy of this resolution be presented to him as an expression of our respect and esteem and with best wishes for a relaxing retirement. Aàopted by the House of Representatives on January 26, 2005, ~.~ Michael J. Madigan, Speaker of the House If4' CcA/c /VI~ Mark Mahoney. Clerk of the House EXECUTIVE SUMMARY Agenda Item No. 90 June 28, 2005 Page 1 of 51 APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on February 4,2007, to the Collier County Government Productivity Committee. CONSIDERATIONS: The County Government Productivity Committee has 1 vacancy with the term expiring on February 4,2007. This committee is composed of 11 members, with the vice chair of the Board of County Commissioners serving in a liaison capacity. The members are appointed by resolution of the Board of County Commissioners for a two-year term and must be permanent residents and electors of Collíer County. Committee members are required to possess special expertise and experience related to managing large organizations, and must be balanced in representing the views of the community. The committee reviews the efficiency of departments of County Government under the jurisdiction of the Board of County Commissioners. The committee may analyze and review existing structure, organization, staffing, management, functions, business practices, and procedures of any or all parts of county government and make recommendations for increased efficiency and cost-effectiveness. The committee may also assist in the implementation of those recommendations. A list of the current membership is included in the backup. Mr. Albin A. Kozel, Jr. resigned on April 18, 2005. A press release was issued and resumes were received from the following 10 interested citizens: APPLICANT CATEGORY .!!!§I ELECTOR ADV. COMM. NOW SERVING Sheila K. Clarke Marketing; Public Relations; Budget 4 Yes None . Steven Michael Krohn Contracts Mgmt; Internal Audit; Risk Assess I Yes None William 1. McCarthy Corporate VP; Personnel Dir; Efficiency Mgr 1 Yes Citizens Advisory Task Force Bradley A. Boaz Financial & Information Technology 4 Yes None William L. Schreck Construction Management 1 Yes None Deborah K. Smith H.R.; Support Service; Cost-Effectiveness 2 Yes None Lawrence M. Baytos H.R. Mgmt Strategies; Benefits & Compen. 2 Yes None Thomas J. Harrison Senior Management 4 Yes None William A. Robinson Procurement; Marketing 4 Yes None Danielle L. Smith Public Accounting - CPA 5 Yes None COMMITTEE RECOMMENDATION: Lawrence M. Baytos FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint] member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners - Agenda Date: June 28, 2005 Item Number Item Summary Meeti ng Date Agenda Item No. 90 June 28, 2005 Page 2 of 51 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 9D Appointment of member to the County Government Productivity Committee. 6/28/20059:00:00 AM Prepared By Date Sue Filson Board of County Commissioners Executive Manager to the BCC 6/10/2005 9:46:49 AM Approved By BCC Office James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 6/17/200512:52 PM Agenda Item No. 90 5. ~ June 28, 2005 Page 3 of 51 MEMORANDUM RECEIVED JUN 1 6 2005 Soard of County Commllllonen. TO: Sue Filson, Executive Manager to the Board of County Commissioners FROM: Winona Walker Ston~sistant to the County Manager DATE: June 16, 2005 SUBJECT: Productivity Committee Membership Recommendation to the Board of County Commissioners In response to the Productivity Committee's advertised vacant position, 10 applications were received by the deadline. The 10 highly qualified applicants were evaluated based upon their potential contributions to the Committee. The Committee primarily made their selection of the recommended applicant based on his vast experience in the Human Resources field, of which the committee desires to increase their expertise. The Committee recommends the following applicant for appointment for the term indicated: NAME TYPE OF TERM DISTRICT FIELD OF EXPERTISE (CURRENT APPOINTMENT EXPIRING EMPLOYMENT) Larry Baytos Initial Appointment Feb, 4, 2007 2 Human Resources, Management Strategies, Benefits & Compensation, Productivity (Retired) The remaining 9 applicants listed below, while deemed highly qualified for membership by the committee, are not recommended for appointment at this time: APPLICANT NAME Sheila Clarke Steven Krohn Thomas Harrison William Robinson Danielle Smith resident/COO, Aston Care S stems Attached is a listing of current Productivity Committee members and their term expiration status. Please advise should you need additional infonnation. Agenda Item No. 9D June 28, 2005 Page 4 of 51 COLLIER COUNTY PRODUCTIVITY COMMITTEE TERM APPOINTMENT AND EXPIRATION STATUS As of 06/14/05 Committee District Date Expiration Length of Eligibility for Member Appointed! Dates Term Another Term ReaDDointed Janet Vasey 3 01/12/99 02/04/00 1+ Year Yes 03/14/00 02/04/02 2 Years No - Exception 02/04/02 02/04/04 2 Years No - Exception 02/04/04 02/04/06 2 Years No- Helen Philbin I 02/04/04 02/04/06 2 Years Yes Stephen Harrison 4 02/04/04 02/04/06 2 Years Yes Stanley E. 5 10/14/03 02/04/04 4 Months Yes Farnham 02/04/04 02/04/06 2 Years Yes Dexter R. Goose 4 02/04/02 02/04/04 2 Years Yes 02/02/04 02/04/06 2 Years No Joseph Swaja I 4/23/02 02/04/04 1 + Year Yes 02/02/04 02/04/06 2 Years No Sydney E. Blum 4 10/14/03 02104/05 1 + Year Yes 02/04/05 02/04/07 2 Years No Vacant 02/04/05 02/04/07 1+ Year John Barlow 4 04/12/05 02/04/07 1+ Year Yes Jim Vanfleet 3 04/12/05 02/04/07 1+ Year Yes Matt Hudson 5 04/13/04 02/04/05 10 Months Yes 02/04/05 02/04/07 2 Years Yes Board of County Commissioners' Liaison (Vice Chair) I Comm. Frank Halas 4 I 01/11/05 I 01/06 11 Year Number of Members per Commissioner District: District Commissioner Number PC Number Members 1 Fiala 2 2 Halas 0 3 Henning 2 4 Coyle 4 5 Coletta 2 _.. Agenda Item No. 90 June 28, 2005 Page 5 of 51 County Government Productivity Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2"dExpDote 2nd Term Mr. Albin A. Kozel, Jr. ~ 01128103 02104105 2 Y cars 5308 Hawkesbury Way ~.\~.<t5" 596-5020 02108105 02104/07 2 Years Naples, FL 34119 E-Mail: naplesdal@aol.com District: 3 Category: Marketing; Strategic Planning" Program Mgmt. Mr. Frank Halas 774-8097 01111/05 01110106 1 Year 3301 E. Tarniami Trail Naples, FL 34112 E-Mail: District: 2 Category: Vice-Cbairman Mr. John F. Barlow, Jr. 04/12105 02104107 2 Years 4351 Gu1fShore Blvd., N. #19N 849-8380 Naples, FL 34103 E-Mail: johnbarlow@lerivage.net District: 4 CtJtegory: as Business Administration Ms. Helen C. Philbin 01/13/04 02104106 2 Years 5784 DeauviUe Circle, #301 775-3772 Naples, FL 34112 E-Mail: bpbiJbin@comcast.net District: 1 Category: Gov't, Budget, Zoning Compliance Mr. Matthew Hudson 403-7777 04/13/04 02104/05 1 Year 321 13tb Street, S.W. 354-2769 02108105 02104107 2 Years Naples, FL 34117 E-Mail: mhudson@vipreaJty.com District: 5 Category: Realtor (.-~ Wedlløda" April 13, 2005 Pøge1ol3 Agenda Item No. 90 June 28, 2005 Page 6 of 51 County Govemment Productivity Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-oppt 2ndExpDtlte 2nd Term Ms. Janet Vasey 01112/99 02104100 1 Year 4398 Longshore Way North 598-4378 01113/04 02104/06 2 Years Naples, FL 34119 E-Mail: District: 3 CIltegory: Budget &: Financial Anaysis Mr. Joseph B. Swaja 394-4599 04124/02 02/04104 2 Years 460 Battersea Court 394-4599 01113104 02142/06 2 Years Marco Island, FL 34145 E-Mail: joeswaja@aol.com Døtrict: I CIltegory: Development of Strategic Objectives Mr. Sydney E. Blum 594-7880 10/14103 02/04/05 1.5 Years 237 Burning Tree Drive 261-1855 02108105 02104/07 2 Years Naples, FL 341 OS E-Mail: eescool@earthlink.net Døtrict: 4 Category: Job costing; Mgmt Styles, Efficiency Training Dr. James Alward VanFleet 04/12105 02/04/07 2 Years 184 Spring Lake Circle 348-8162 Naples, FL 34119 E-Mail: javant1eet@msn.com District: 3 CIltegory: Ph.D. Economics Mr. Stephen A. Hanison 821-5180 01127/04 02104/06 2Ycars 4255 Gulf Shore Blvd, N. #1506 435-1889 Naples, FL 34103 E-Mail: saharison@aol.com District: 4 Category: EconomicslFinance/MarketinglCP A /"""""1. WdMsday. AprillJ, 2005 Page20lJ Agenda Item No. 90 June 28, 2005 Page 7 of 51 County Government Productivity Committee Name Work Phone Appt'd Exp. Dtlte Term HOlM Phone DateRe-øppt 2ndExpDate 2nd Term Mr. Staney E. Farnham 10/14/03 919 Tropical Bay Ct. 354-1240 10/14/03 Naples,FL 34120 E-Mail: sftums@aoLcom District: 5 Oztegory: Strategic Planning; M81188ement/Retired 02104104 02104106 4 months 2 Years Mr. Dexter R. Groose 659-0489 01/22102 5202 High Street 659-0389 01113/04 Naples, FL 34105 E-Mail: dxdotcom@earthJink.net District: 4 Oztegory: Performance AnaJysis & Value Analysis 02/04104 02104106 2 Years 2 Years This 11 member committee was all8l!&d on 0112OJ91 by Old. No. 91-10 (8IMnded by Ord. No. 93-13. 96-10 & 2001-37). The commlltee 18 compoeed of 11 members, with the vice chelr of the BeC ærvlng In 81i8feon C8PIICfty. Ccmmftlee members .. r&quhd to plOIU. special expertIee and experience I"8IIIIed to menaging large org8I~" and mUlt be b8I8nced In I'8pAIMnting the v.... d the community. The committee rev... the efncIency of deperihtents of County Government under the jwiadiction of 1he BCC. The committee mllY -Iyø and review exilting sbuc:tunt, orgMlz8IIon, amnII. ......... functiona. buIIneIe JnCdcee, a1d Pf'OC8dur8a of any or l1li...... of county government and IIIIIke NCOmmend8tlona for il'lCl'8888d efficiency and ca. aø.AW....... They may liiio ..... In the implern-.l8tion of thoee recommend8tfcna. Terms.. 2 years. FL STAT Stizffi Debbie Wight, Aleiltant to County Manager. 774-8383 Wednadtly, April 13, 2fHJS Ptzgtd of J · Agenda Item No. 90 June 28, 2005 Page 8 of 51 MEMORANDUM ......E·,.· '~D R r:-:. ~ - \ ~. . '"~ !_'.J ¡ V'._ JUN 11 î 20G5 DATE: May 27, 2005 ßoarO ~f (;(Wl1ty COmIY1IS~lOnnT1> TO: Elections Office ~ Sue Filson, Executive Manager · Board of County Conunissio FROM: 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 appücant resides. COUNTY GOVT PRODUCTIVITY COMM COMMISSION DISTRICT Sheila K. Clarke 4301 Gulf Shore Blvd., N, #504 Naples, FL 34103 ;-/ Steven Michael Krohn 8598 Mustang Drive Naples, FL 34113 William J. McCarthy (.r l' .' 840 S. Collier Blvd, Unit 1603 Marco Island, FL 34145 J Bradley A. Boaz 2185 Outrigger Lane Naple~ FL 34104 William L. Schreck 106 Muirfleild Circle Naples. FL 34113 J 1 J Deborah K. Smith 9566 Gulfshore Drive Naples, FL 34108 eX cR Lawrence M. Baytos 252 Cheshire Way Naples, FL 34110 Thomas J. Hanison 1079 7th Street, South Naples, FL 34102 William A. Robinson 788 Park Shore Drive, F21 Naples, FL 34103 Danielle L. Smith 2335 Wdson Blvd., North Naples, FL 34120 Thank you for your help. ~ ~ 3 Agenda Item No. 90 June 28, 2005 Page 9 of 51 MEMORANDUM Agenda Item No. 90 June 28, 2005 Page 10 of 51 DATE: May 27, 2005 TO: Debbie WIght, Staff Liaison County Government Product~" Co . ee FROM: Sue Filson, Executive Manager I Board of County Commissio '" RE: County Government Productivity Committee As you know, we currently have a vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Sheila K.. Clarke 4301 Gulf Shore Blvd., N, #504 Naples, FL 34103 Steven Michael Krohn 8598 Mustang Drive Naples, FL 34113 William 1. McCarthy 840 S. Collier Blvd, Unit 1603 Marco Island, FL 34145 Bradley A. Boaz 2185 Outrigger Lane Naples, FL 34104 William L. Schreck 106 Muirfleild Circle Naples, FL 34113 Deborah K.. Smith 9566 GuIfshore Drive Naples, FL 34108 Lawrence M. Baytos 252 Cheshire Way Naples, FL 34110 Thomas J. Harrison 1079 7th Street, South Naples, FL 34102 Agenda Item No. 90 June 28, 2005 Page 11 of 51 '\ William A. Robinson 788 Park Shore Drive, F21 Naples, FL 34103 Danielle L. Smith 2335 WIlson Blvd., North Naples, FL 34120 Please let me know, in writing, the reconnnendation for appointment of the advisory committee within the 41 day time-1hune, and I will prepare an executive swmnary for the Board's consideration. Please categorize the applicants in areas or expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments - filson_s .m: Pue 1 of2 Agenda Item No. 9D' June 28, 2005 Page 12 of 51 advisoryboardS@colliergoy.net Sent: Tuesday, May 24, 2005 1 :22 PM To: filson_s Subject: New On-Ine Advisory Board Application Subnitted. ~ Board of County Commissioners 3301 East Tamlaml Trail N8ples, FL U112 Tel: (239) 774-3802 Fax: (239) 774-3802 May 24, 2005 Application for Advisory Committees I Boards Name: Sheila K. Clarke Home Phone: 239-403-8171 Home Address: 4301 Gulf Shore Blvd. N #504 -- City: Naples Zip Code: 34103 f(tþl'..1 , : ~ . .' . . :. . . . þ :... ~'4,1 ,. Fax Number: 239-403-4719 Business Phone: No information provided. Emall Address:Fest704@aol.com Place of Employment: Retired How long have you lived In Colli.. County? 5-10 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: Productivity Committee Category: (if applicable) No information provided. e Do you currently hold public oftIce? No -,/25/2005 Pa~e 2 of2 Agenda Item No. 9[J June 28, 2005 Page 13 of 51 e Do you now serve, or have you served on a Collier County board or committee? No \ Please list your community activities: Greater Naples Leadership; The League Club, Board of Directors - PR Chair; Kensington Country Club, Board of Governors; Springfield, IL Convention & Visitors Bureau Board of Directors; Springfield IL Mayoral Transition Committee; Copley First Citizen Selection Board; Community Volunteer Center Board of Directors; Salvation Army Board - PR Chair; Lincoln Academy Co-chair; Arkansas Easter Seals, Telethon Coordinator & County Chair; Junior League Board - Corresponding Secretary, Old Fort River Festival Chair; Committees to elect: Springfield Mayor- Economic Development Chair, County Circuit Clerk- PR Chair, Illinois State Representative- PR Chair. Education: Attended Purdue University, Danville IL Junior College and Indiana State University e Experience' Background: City of Springfield, Marketing Director, Office of Economic Developemet - Developed and implemented marketing strategie for economic development, TIF districts and enterprise zones. Researched business development, retention activities and marketed business development programs. IL Department of Public Aid, Assistant Bureau Chief, Bureau of Research & Analysis - Monitored personnel transactions, budget preparation and program development. LincolnFest, Inc. Executive Director- Developed and implemented marketing/promotional programs, directed all public relations, developed and administered budget. Coordinated services of city and state agencies. Coordinated 85 committees. /' e 5/25/2005 Pa.ae 1 of 3 Agenda Item No. 9D June 28, 2005 Page 14 of 51 - fllson s &m:- advisoryboardsCcollergov.net Sent: Tuesday, May 24,20052:00 PM To: filson_s Subject: New On-tine Advisory Board Application Subrntted. ~ Board of County Comm Issioners 3301 East T.mlaml Trail Napla., FL 34112 Tel: (238) 774-3602 Fax: (238)774-3802 t f(þl I.· . ~ ~ .~ '. - ~ '. .. I ~ .}! May 24, 2005 Application for Advisory Committees I Boards Name: Steven Michael Krohn Home Phone: 239-417-5537 Home Address: 8598 Mustang Drive .-. City: Naples Zip Code: 34113 Fax Number: 239-513-7099 Business Phone: 239-513-7601 Emait Address: steve.krohn@nchmd.org Place of Employment: Naples Community Hospital How long have you lived in Collier County? 3-4 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: Collier County Productivity Committee Category: (if applicable) No information provided. e Do you currently hold public office? No ,/25/2005 Pajl;e 2 of 3 Agenda Item No. 9D June 28. 2005 Page 15 of 51 e Do you now serve, or have you served on a Collier County board or committee? No \.. Ple.e list your community actlvitl..: 1 ) Volunteered at the re-building of the childrens playground at Mackel Park 2) Mustang Villas - pool area maintenance for Mustang Villas HOA 3) Assistant coach for youth soccer at YMCA on Marco Island (1 season) Education: M.B.A., October 31, 2000, Universjty of Phoenix, San Diego, Ca. B. S. Finance, December 02, 1995, San Diego State University, San Diego, Ca. e Experience/ Background: PROFESSIONAL EXPERIENCE 1/05 - Present Contracts Manager, NCH Healthcare System, Naples, Fl. Maintain and evaluate the compliance of all managed care organization contracts for the System. As the Contract Manager, I have the responsibility to evaluate the profitability of each contract and review the language to ensure both parties are properly engaged. For identified issues of non-compliance, I work cfosely with the Systems legal team and the managed care organizations to address and resolve. Additional responsibilities include negotiating contract renewals and new contracting with managed care organizations based on consultations with the CFO and Director of Patient Accounts. I also serve as the Implementation Leader for and advanced web based analytical tool which is used to review the revenue cycle of System data to identify areas of weaknesses. With this tool NCH identifies and implements new procedures to capture potentially lost revenue to improve profitability and cash flow. 9/01-12/04 Senior Internal Auditor, NCH Healthcare System, Naples, FI. Assist the Director of Internal Audit in plaming activities and developing the annual audit plan. As senior audit I perfonn comprehensive audits reviewing accounting practices from a balance sheet approach. Perform risk assessments associated with current and new activities and review the controls in place to reduce those risks. Internal Audit also performs system reviews when new programs are purchased or when systems are upgraded or modified. Audit results are documented and communicated with the Director of Internal Audit, the CFO and Board of Trustees. All audits perfonned include recommendations and regular / I e 5/25/2005 ~ follow~ until new controls are implemented. The Internal Audit position encompasses all aspects of the organization to maintain governance and controls to minimize operational and financial risks. Have a strong knowledge of MS Office software, Infinium, AS/400 (iSeries). Kronos, Showcase and other hospital data systems. 3196-8101 Senior Pharmacy Auditor (Southem Region). Longs Drug Stores, Walnut Creek, Ca. Inspect and evaluate the peñormance of 200 pharmacies in Southern California. Nevada, Colorado, Oregon, Washington. and Hawaii. Conduct daily narcotic inspections and reconciliation of federally controlled substances. Create and use historical data to establish trends and assist with loss prevention investigations, by providing relative information. Assist with quarterly inventory reviews at various locations throughout the organization.. Designed and implemented six different audit program used by the organization 11/94-3196 Head Pharmacy Technician, Longs Drug Stores, Escondido. Ca. Communicate daily with medical professionals to assess patient care and medical benefits. Assist with inventory control procedures and organized a proficient ordering system for pharmaceutical devices. Interpret medical documents with emphasis on prescribed pharmaceutical drugs and prepared dangerous drugs for patient consumption. 8/87-11194 Pharmacy Technician & Third Party Accountant, Med-Rx-Drug, Escondido, Ca. Served as the account receivable representative for third party claims and personal charge accounts. Designed and organized the accounting system using MS Excel, created billing lists and receipts for personal charge accounts using MS Word. Performed daily register reconciliation, bank depository receipts, and responsible for the petty cash account. Other responsibilities included the oversight of over-the-counter inventory replenishment and cost control. -4It e ~/25/2005 Page 3 of3 Agenda Item No. 90 June 28, 2005 Page 16 of 51 ·e e e Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 C C E IVED (239) 774-8097 R 1- " Fax: (239) 774-3602 5 '. r M.ÄY 2 3 200 Agenda Item No. 90 June 28, 2005 a e 17 of 51 \ Board of county CommlSSIOllf:l 1¡ Application for Advisory Committees/Boards Name: W~ ¿il...-~~ Home Phone: b ':/ 2:. .- t? 18.2...... Home Address: gl.f(J ~. (,.~ .~ ~ I bÔ~ipCode: .3 '-II'-I~J e-maUaddress:Jjk k /~R 'fí..¡ if @ )1,.n Q CAB ¿, E ..(;"·11 Fax No. ~ t.f Z"t> 4 j" 1 BusiDe.s PhoDe: ~ Lf'l... -?3 8 2..- Place ofEmployeemeut: (~~ Board ~r Committee AppUed for: C"'-<..A."~1 Category (if applicable): Eumple: Co......lo. Dlatrlet, DeYtIoper, eøviro...e.talllt, lay peno., etc. ~>-"t/~~~ ~ -J How Ioog have you lived in Collier County: Years I?J MODths Are you. registered voter iD Collier Couaty: Yes V No Do you currently hold public office? Yes IfllO, wIuIt is that ofliu! No ~ Have you ever beeu convicted of any oft'ense against the Law? If yes, e:¡¡plain: Do you now serve, or .ave you ever served, ~ . CoUier COUDb' ~nI or~ittee? Yea ,...,-- No If yes. pleue list the aJIIImitteealboards: c.i7f;."'Y"1A ~-,o-1..~~~ ~~..J;L ,..,. "J '"' ~ I '"1 '7:j' ":2. t!; o·t......... 'J. -0 0 .~ - ¿. oe.. o-f .4¡;- (,,;0$ /" í Yes No V-- Eduution: [c............A:.,.."U. B.~ T'"<",v Ccq Ër,£ t\-I/J.,vq t3l./.o; ¡~ LZ ~' C~~ E~ri....: {¿.~~lC-1'-'..t.L.. V. /7,- e.~~ ~ ~"t-:::r~~-'--' ~ O~A ~-.- ~-ut--( ~ A...~_ PlellSe IlIhIclllllfY ødditionøl inlonrrøtion YOII Il!el penbrenL Tlrú øppllcøtlon MOllld be 101'lllør4etl to SlIe F1úon, EuClllhe Møuger to thl! Board olCNnty Co",,,,isdollen, 33tJ] Eøst T_i_1 TrøJl, Nøpiu, FL 34112. 11'011 "úlr,plellSelfIJCYoru øpplicøtion to (239) 771-3661 or e.",øJl to .uerùsonúìJcol&noJ'.".. TIumk 10111ør J'ølluuurinr to ,erlll! the ciliuM 01 Collier- COllnty. Page 1 of2 Agenda Item No. 90 June 28, 2005 Page 18 of 51 - filson_s .m: advisoryboardS@colUergov.net Sent: Friday, May 13, 20051:19 PM To: 1I1son_$ Subject: New On-line Advisory Board Application Subn1tted. ~~ Board of County Commissioners 3301 East Tamlami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax:(239)77~02 *-t~I'..1 ..""''' ..-:,¡ . '. 'I.' " ~"I / May 13, 2005 Application for Advisory Committees I Boards Name: Bradley A Boaz Home Phone: 239-659-7006 Home Address: 2185 Outrigger Ln .~ City: Naples Zip Code: 34104 Fax Number: 239-263-3339 Business Phone: 239-403-6712 Email Address:bboaz@barroncollier.com Place of Employment: Barron Collier Partnership 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: County Government Productivity Committee Category: (if applicable) No information provided. e Do you currently hold public office? No ,.¡f13/2005 Page 2 of2 Agenda Item No. 90 June 28, 2005 Page 19 of 51 . Do you now .erve, or have you served on a Collier County board or committee? No Please list your community activities: Current Board Member and Chairman of Public Policy Committee for Economic Development Council of Collier County (former Executive Committee Member) Education: B.S. Accounting - University of Florida e Experience/Background: Currently Chief Financial Officer of Barron Collier Partnership. I oversee all financial areas of the Companies' operations including Accounting, Treasury Services, Taxation and Information Technology. I assist in negotiation and structure of business deals and handle preparation of many of the legal agreements. Prior to Barron Collier, I was with KPMG Peat Marwick in Tampa, Florida for 10 years specializing in Financial Institutions, Information Technology and Public Companies. ( e 5/13/2005 Agenda Item No. 9D June 28, 2005 Page 20 of 51 May 19, 2005 e BRAD BOAl Naples, FL (resident since February 1990) EDUCATION Associate of Arts Degree - St. Petersburg Jr. College, FL (High Honors) Bachelor of Science-Accounting - University of Florida (Honors) Certified Public Accountant (Florida) ~ BUSINESS AFFILIATIONS Barron Collier Companies Chief Financial Officer (1998 to Present) Areas of responsibility include Treasury Services, Taxation, Accounting, Information Technology and coordination of Legal services Director of Finance (1996 to 1997) Controller (1990 to 1995) Financial Manager of Planning and Special Projects (1990) KPMG Peat Marwick Entry Level to Senior Manager (1980 to 1990) COMMUNITY ACTIVITIES Leadership Institute 2005 Leadership Florida 2005 (application pending) Leadership Collier Class of 2002 Board Member, Economic Development Council-Collier Co-chairman, Economic Development Council Public Policy Committee Former Executive Committee Member, Economic Development Council-Collier Member, Presidenfs Forum of South"""st Florida e WORK HISTORY My work with Barron Collier Companies included significant involvement in Agriculture (growing, packing and sales of citrus and vegetables), Mitigation Banking and wetlands regulations, Contract Negotiation, Real Estate Development (residential, commercial and industrial), Oil and Gas Production, Condemnation, negotiations for Right of Way Acquisition, Road Construction, Utility Financing and Operation, assessment of Affordable Housing alternatives, Healthcare Coverage, Payroll, Tax Planning, Financial Projections and Strategic Planning. My work with the Economic Development Council included significant involvement in Public Policy and Government Affairs, BuSÌ1ess Incentives, Business Recruitment, Site Assessment and Educational planning. My work with KPMG included significant involvement in Information Technology Reviews as a Computer Audit Specialist, Computer Programming, Public Company Audits and SEC Reporting, Financial Institutions, participation with the Resolution Trust Corporation and significant personal involvement in planning, valuation and structuring of a Leveraged Buyout of a Fortune 500 Company. Page I of2 Agenda Item No. 9[J June 28,2005 Page 21 of 51 filson_s am: advisoryboards@colUergov.net Sent: Thursday. May 19, 20058:11 AM To: ftlson_s Subject: New On-Une Advisory Board Application Subrritted. \ ~ Board of County Commissioners 3301 East T.miami Trail Naples, FL 34112 Tel: (239) 774-3802 Fax: (239) 774-3802 f(tþ"..1 : " - .' .. . .:; ~... . ~t ~ ./ May 19, 2005 Application for Advisory Committees I Boards Name: VVilliam L Schreck Home Phone: 239-793-5018 Home Address: 106 Muirfleild Circle e City: Naples FL Zip Code: 34113 í Fax Number: 239-732-6762 Business Phone: 239-860-4853 Emall Address:bschreck@Webild.com Place of Employment: The Henning Group 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: Productivity Category: (if applicable) No information provided. - Do you currently hold public office? No 5/19/2005 Page 2 of2 Agenda Item No. 9D June 28, 2005 Page 22 of 51 e Do you now serve, or have you served on a Collier County board or committee? No Pie.. list your community activities: No information provided. Education: B.S CIVIL ENGINEERING CASE INSTI '60 Expertence I Background: CONSTUCTION MANAGEMENT -4 e .>/19/2005 Page 1 of3 Agenda Item No. 90 June 28, 2005 Page 23 of 51 fllson_s .m: advisoryboards@colHergov.net Sent: Tuesday, May 17,200510:04 PM To: fil80n_s Subject: New On-line Advisory Board Application Subrritted. \ ~ Board of County Commissioners 3301 east Tamiaml Trail Naples, FL 34112 T.':(239)774~02 Fax:(239J77~802 is f(þ' ,.. o : ~ . .. . .' '. . . 'þ ,". ~.~..~ / May 17, 2005 Application for Advisory Committees I Boards Name: Deborah K. Smith Home Phone: 239-593-5075 Home Address: 9566 Gulfshore Drive e City: Naples Zip Code: 34108 / Fax Number: No information provided. Business Phone: 239-593-5075 Emall Address:dksmith152@aol.com Place of Employment: Nqples, Florida How long have you lived in Collier County? 3-4 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: County Government Productivity Committee Category: (if applicable) No information provided. e Do you currently hold public office? No 5/18/2005 Page 2 of3 Agenda Item No, 9D June 28, 2005 Page 24 of 51 e Do you now serve, or have you served on a Collier County board or committee? No -- Please list your community actlvltl..: Cornell University Center for Advanced Human Resources Studies - Chair, Board of Directors Johnson School of Management, Cornell University - Advisory Board Cornell University School of Industrial and Labor Relations - Advisory Board New York State Governor's Departmental Judicial Screening Committee - Appointed by the Chief Judge of the State of New York New York State Commission on Judicial compensation Chase Manhattan Bank - Upstate Advisory Board Chase Lincoln Bank - Board of Directors Rochester Philharmonic Orchestra - Board of Directors, Executive Com. and Personnel Committee, Chair Margaret Woodbury Strong Museum - Board of Directors, Executive Com. and Personnel Committee, Chair Memorial Art Gallery, Rochester, NY - Board of Directors Family Service of Rochester - Board of Directors, Executive Committee and Personnel Committee, Chair Presidents Council of Cornell Women - Board of Directors, Chair Keuka College - Board of Trustees Frequent speaker for a number of universities, professional organizations and industrial management councils and associations Education: M.A. Cornell University - All but Dissertation completed toward Ph.D. B.A. University of Rochester - With Highest Distinction, Phi Beta Kappa e Experience I Background: Talent Technology Corporation (2003 - Present) Board of Directors/Advisors Coty Inc. (1999 - 2002) Executive Vice President, Human Resources Member of the 7 person Executive Committee Merck & Co., Inc. (1996 -1999) Senior Vice President, Human Resources Member of the 10 person Management Committee Bausch & Lomb (1995 - 1996) Senior Vice President, Human Resources Member of the 10 person Corporate Management Executive Committee Xerox Corporation (1972 -1995) Held numerous positions throughout the corporation including Vice President, Human Resources and Support Services for the United States Marketing Group and World-Wide Manufacturing and Development, as well as positions in Corporate HO. Throughout my career, I have participated "'/18/2005 .~--'... Page 3 of3 Agenda Item No. 90 June 28, 2005 Page 25 of 51 e in and led efforts to improve cost-effectiveness and efficiency. I have developed expertise in organization planning, staffing and business process simplification and worked to improve the profitability of the companies for whom I worked. \ e ( e 5/18/2005 e Agenda Item No. 90 June 28, 2005 Page 26 of 51 DEBORAH .K. SMITH 9566 Gulfihore Drive Naples, Florida 34108 Phone (239) 593·5075 Fax (239) 593·8561 DKSmith 152@aol.com EXPERIENCE TALENT TECHNOLOGY CORPORATION Vancouver, B.C. (2003- ) Board of DireetonlAdvison Talent Technology Corporation is an innovative, entrepreneurial software company offering recruiting solutions to the Corporate and search firm markets which combine state-of-the-art technology with recruiting best practices and expertise. · · · · ~ · Served as a "consultant" to provide marketing assistance and support through the creation and development of marketing materials. Also provided support to saJes efforts through high level contacts with prospective customers and participation in customer presentations Wrote "white papers" and articles fur publication and distribution to potential customers Developed and implemented an ongoing Leadership Training Program presented in half-day modules at key management meetings Worked with the industrial psychologists and software developers on the HireQuality product to assure its compatibility and fit with the Corporate marketplace. HireQuality was recently awarded one ofHR Executive Magazine's Top FIR Product Awards for 2004 Provide support to the CEO and management staff, serve as Chair of the Compensation and Human Resources Committee and handle customary Board responsibilities COTY INC. New York, New York (1999-1011) Executive Vice PresideD" Human Resources As a member of the 7 person Executive Committee, provided management leadership to a $1.8 billion fragrance, color cosmetics and skin care company operating in over 25 countries. Reported to the Chairman and CEO. · · · · · · · e Developed and implemented a multi-faceted communications strategy including writing and producing quarterly videos in 8 languages, CEO Newsletters, Email News Briefi, Communications Meetings (international, regional, local), Breakfast Meetings with the Chairman and CEO, etc. Worked on the development and assured the coordination of external/public relations and internal/employee communications messages Created. developed and taught Coty's first global Leadership Program, now starting its sixth year ofimpJernentation. Also created a series of stand-alone modules to meet specific organization needs Initiated major changes in corporate compensation including the implementation of performance managemeot, bonus redesign and equity program realignment Implemented changes in U.S. benefits programs to achieve significant savings while maintaining benefit levels Managed Office Services and Travel Administration and acbieved several million dollars in savings Significantly strengthened the senior management talent base by attracting and hiring a new CEO, 2 Divisional Presidents and numerous Vice Presidents. Developed and implemented the company's first succession planning process .~.._- e e Deborah K. Smith Agenda Item No. 90 June 28, 2005 Page 27 of 51 e MERCK & CO., INC. Whitehouse Station, New Jersey (1996-1999) ~ Senior Vice Presideat. Hum.. Resources Provided global Human Resources leadership to a major pharmaceutical company employing 56,000 people. Reported to the Chairman and CEO and served on the 10 member Management Committee. Directed an organization of over 400 employees. · Initiated major cultural change by developing and implementing the global Merck Leadership Principles supported by a complete CommlDlications effort and a fully integrated system of Human Resources processes and practices · Developed an internal business consulting function to support corporate and divisional strategies · Significantly improved Merck's HR approach and received "Top 10 Companies to Work For" Award · Implemented Merck's first global succession pllUlJÜng process BAUSCH & LOMB Rochester, New York (199S-1996) Senior Vice President. HumaD Resources Responsible for providing world-wide Human Resources leadership to a company of 14,000 employees. Served on the 10 member Corporate Management Executive Committee and the 6 member Management Finance and Administrative Committee. Directed an HR organization of75 employees. · Designed and implemented the Company's first work-group attitude survey which is still being used · Achieved significant gains in Diversity, receiving a finding of "Full Compliance" on the OFCCP Audit · Developed a Leadership Model for the Company with the Management Executive Committee XEROX CORPORATION (1972-1995) (1994-1995) "." ( Vice PresideDt and Director. CorDOrate Eaaolovee Resources Corporate Staff, Stamford, Connecticut Responsible for designing selection, hiring and development strategies, including responsibility for global Succession Planning and Centralized U.S. Employment and College Relations. Also responsible for Employee Satisfaction across the Company. Directed a staff of 40 professionals and reported to the Corporate Vice President. Human Resources. Vice President. Human Resources and SUDoort Services Corporate Strategic Services and Mmufàcturing, Rochester, New York (1991-1994) Provided HR services to organizations with over 20,000 employees, including unionized production workers. Also responsible for a nwober of service groups, including Training and Development. Employment and Placement. and Organization Development which provided specialized support to organizations throughout the Company. In addition, served on the Corporate Task Force on Strategic Direction. Worked with the Cornell Interactive Theatre Ensemble to create and implement a method of training for businesses and corporations which became a business enterprise for the University. Subject areas included diversity, product development, ethics and work-life balance. Vice President. Hum.. Resources and SUDoort Services Development and Manufacturing Group, Rochester, New York In addition to providing HR services to a worldwide organization of23,OOO employees engaged in engineering and manufacturing. managed two service businesses: Multinational Customer and Service Education, and the Electronic Publishing Centers. Also managed Facilities and Security, and served as a Sponsoring Executive on the Malcolm Baldridge National Quality Award Team responsible for preparing the award application and site visit which resulted in Xerox's winning the Award in 1989. Operating budget responsibility of$lOO million and direct management of 800 employees. (1988-1991) 4t -At e Deborah K. Smith Agenda Item No. 90 June 28, 2005 Pace 28 of 5~ (1984-1987) Viee PresideDt. PenoDDel United States Marketing Group, Rochester, New York Responsible for providing HR services to a marketing and operations organization of35,OOO employees producing S5 billion in sales. Helped to lead extensive cultural and management change including the emphasis on customer focus and the expansion of alternate channels. From 1972-1984 held 8 positions in the U.S. Marketing Group and the GeneraJ Services Division. During that time, I produced 2 films for Xerox Emp]oyees. The first was on Managing Stress, and the second was on Sexual Harassment. This film, entitled "Shades of Gray" was then sold commercially through Xerox Learning Systems. RENSSELAER POLYTECHNIC INSTITUTE Troy, New York Lecturer in Hbtorv (1972) CORNELL UNIVERSITY Ithaca, New York TeachlBIE Fellow (1970-1971) EDUCATION 1/7] M.A. History, Cornel] University - All but Dissertation completed toward Ph.D. 5/68 B.A. History, University of Rochester - With Highest Distinction, Phi Beta Kappa BOARD MEMBERSHIPS (CUlTent and Previous) Cornell University Center for Advanced Human Resources Studies, Ithaca, New York · Chair - Board of Directors Rochester Philharmonic Orchestra, Rochester, New York: Board ofDirecìors · Executive Committee, Personnel Committee Margaret Woodbury Strong Museum, Rochester, New York: Board of Directors · Executive Committee, Personnel Committee - Chair Memorial Art Gallery, Rochester, New York: Board of Directors Family Service of Rochester, Rochester. New York: Board of Directors · Executive Committee, Personnel Committee - Chair New York State Governor's Departmental Judicial Screening Committee · Appointed by the Chief Judge of the State of New York New York State Commission on Judicial Compensation Johnson Graduate School of Management, Cornell University, Ithaca, New York: Advisory Board Cornell University School ofIndustrial and Labor Relations, Ithaca New York: Advisory Board President's Council of Cornell Women, Ithaca, New York · Chair - Board of Directors Chase Manhattan Bank, New York: Upstate Advisory Board Chase Lincoln Bank, Rochester, New York: Board of Directors National Center for the Workplace, Washington, D.C.: National Advisory Board Keuka College, Penn Van, New York: Board of Trustees ADDITIONAL ACTIVITIES Frequent speaker for a number of universities. professional organizations and industrial management councils and associations. - e e "a~ 11 05 01:29a Larr~ Ba~t.os 239 599 5261 Agenda Iterlr'JJ. 90 June 28,2005 Page 29 of 51 Z5Z 8Iø~'*'" .4..., ......., 1t.þI.". '9.4 94110 Page 1 of § pages May 15, 2005 Ms. Sue Filison Executive Manager Collier County Commission 3301 U.S. 41 E. Naples, FL 34112 Subject: County Government Productivity Committee Dear Ms. Filison: Thanks for the ~ prompt response to the information I subrntted. The website redirect embedded in you e-mail keptdirectingmetoahotelonFtMyersbeach.Therefore.I.ve resorted to off-line application form and fax mode. ' Please advise if anything beyond what I have subrritted in this fax is required. If you have some readily availabte description of the charter and activities of the Productivity Committee, I would appreciate receiving a copy via e-mail or fax, whichever is most convenient Sincerely, ¡' I ,t4IWI 3'«Ø4 Larry Baytos 1'_: 1!39.59Z.t3fK 170 59K.5861 e-#lltMt: .ffrlJJJ@~.". .-it e e t1.~ 17 05 07:290 Lo,.,.~ B.~t.os 239 598 5287 p.2 Agenda Item No. 9D June 28, 2005 Page 30 of 51 Board of County Commissioners 33tH EUI TlllllÚlmi Tuil Naples. FL .H111 Application for Advisory CommitteesIBoards Name: Lawrence M. (Larry) Baytos Home Phone: 230-592-1398 BOlIN Address: 252 Cheshire Way Naples Zip Code: 34110 Fax No. 239-598-5267 e..ail address: audub..ll~comcut.net Place of E.ploynaeat: currently retired Board or Committee AppUeeI for: County Government Productivity Committee Category: lay person...but as director ofa homeowners association have had six years ÍDvolvement with Collier County department of code enforcement - environmental compliance How IoDI have YOD lived in Colier Couaty: 8.3 years full time plus 6.S years part time Are YOD a nciltered voter in Collier CoDaty: Yes Currently ".Id p.blie oØIœ1 No Have you ever beeD eGnvided of a.y 0"'1 .ainst tile Law? No Do YOD .ow serve, or IUlYe yo. ever serveel, on a Celier Co.aty board or committee? No Com.uaity Activities ud POlitio.. - Prior To Naples · President, Hmnan Resources Management Association - Chicago · ChairmaD, American Institute for ManagÍDg Diversity - Morehouse College - Atlanta · Director, Ravenswood Hospital- Chicago · Director, Hun House Association - Chicago · Board Personnel Committee - YMCA of Chicago · Board Personnel Committee - Central Dupege Hospital- Chicago suburbs · Employers Counci1- National Urban League Naples CO..Dlu.ity Activities ...d Positions · Audubon Country Club Foundation - a homeowners association comprised of 750 acres - 409 homes - $1,000,000 annual budget _ Chairman, DeveJoper Turnover Negotiations Committee 1998-1999 - Board President 2002- 2004 _ Activity leader for environmental compliance & communications (1999-2005) · Literacy COlmcil of Bonita Springs - tutor in English as second language · Audubon Country Club (social. golf and tennis club) Diredor 2000 - 2002, Vice President - 2001 Edueatioa: · Bachelor. Business Administration Youngstown State University Youngstown, OH · Master ofBusincss Administration Harvard Graduate School of Business Boston, MA e - e t1.~ 17 05 07:29. L.,..,..~ B.~tos 239 598 5267 Agenda Iterrlt\Jt. 90 June 28, 2005 Page 31 of 51 Business EmployDICDt Experience: Cox:porate · Senior Vice President. Hwnan Resources" Administration - 18 years - Quaker Oats Company (30,000 employees in twenty co\Dllries) Executive Committee member, reported to Chairman and C.E.O. Responsibilities included human resources management, coordinator productivity and overhead manapmeDt programs, connnunications, headq..-ters building management, eovÎronmental compliance, employee health and safety. Merger/acquisition integration team, pcrfonned organization analysis, management assessment redundancy planning in acquired businesses · Procter" Gamble production plant, Cinciunati, OH - industrial engineering work simplification and warehouse etliciency studies, production supervision. personnel Management Consultant: · TeD years major coosuhing firms experience in organization analysis" desi¡n, job evaluation, compensation, benefits, workforce diversity maœgement (sample clients. American Bar Association, Sears, Northern Telecom, Mead Paper, Wute Management) · Chairman, Diversity Consuhants Inc. - Morehouse College - At1anaa, GA (the consulting arm of the American Institute For Managing Diversity) O~er IaCormation Published twenty artiçles and one book on subjects primarily dest 11"1 with human resources, management stntegies., compensation, benefits, productivity. (article excerpt attached) /' ( Proficient in software programs for word processing, newsletters and graphics Approximately eleven momhs per year spent in Naples -9 e e I'I.~ 17 05 07:29. L.rr~ B.~tos 239 598 5267 p." Agenda Item No. 9D June 28,2005 Page 32 of 51 Nine Strategies for Productivity Improvement Productivity is the prob'em-and personnel is definitelv part of the solution. Lawrence M. Bartos ViQe F'l'IIIIdent Corporate Permnnel TM awl'l, Oats Company Ch4cago, IIinoIa About the Author: w_.. ..,.. WD . perllDnneJ consUlI"'t with HewiIf AlIIDCi.1IH and Boa.i:. AlI8n .. HllmIltOll, in adcI/IioII to troldlno pem"",.' pœiUons in v.rIous tnlJlIJ!tJClufmg com )8MS. Mi. B.I)IIOS Hlned '" M.8.A. from Harvald University and IS . meomòer 01 ASP A's Plesiden/" Ctwncir. The current ptlght of many companies Is ex- emplifled by the words of one executive who haa brought about imprelllve productivity gains In his division over a period of several years: We have cut out most of the costs that were ea5y to get at through automation and im. proved methods and procedures, Most 01 these costs were engineered out In a traditional "com. mand performance" manner in the plants. How- ever, further large capital Investments look mar. ginal from II labor cost·savln¡ standpoint, The next productivity Improvements have to be much brœder-based with the support and In- volvement d every employee If our efforts are to be successful. This executive, like many others, feels the need to do "something" to tmprove productivity, but he is not sure what that something should Include. There is general agreement that productivity Increase¡ in PERSONNEL.JOURNAI. . J~ 1979 the United States have been dedlnlng at an alarming rate (see Table 1). However, there is less agreement on the principal causes of the decline and even less consensus on how to tackle the problem on an in- dividual company, division or plant level. The initial reaction to the suggestion that the per_ sonnel department be ..en as a fulcrum for produc- tivity improvement (PI) is often one of surprise. It 15 very easy for both line management and the person_ nel profe.lonaI to overlook this potential. This myopia has developed because so much of the personnel work has become defensive In nature (responding to government requirements), maintenance-orlented (benefit admInistration) or only vaguely related to the basic thrust 01 the organization (bowling leagues, re- tiree neWlllett8l'$, etc.), Management in many companies often limit their view of productivity Improvement to the replacement of labor with capital equipment. But labor is only one determinant of productivity. The broader definition of productivity favored by the Amerk:.an Productivity Center Indudes aU the elements of labor, capttzll, energy and materials that go into produdng goods and services. This broader perspective diminishes the focus on short-term galns through heaclcount reduc- 110nl and enhances awareness of a number of tech- niques which have Important long-run PI Impact. And many of the PI techniques can be generated by a professional and responsive personnel department. Even It cursory review of the practices of successful companies leads to the IdenUfication of a number of basic personnel strategies that can have important PI Impact. Nine of these strategies are summarized In Table 2 and described In this article. Note that there are &ome features common to "' "'a~ 17 05 07:30a La,.,..~ B.~tos 239 598 5267 p. 5 Agenda Item No. 90 June 28, 2005 Page 33 of 51 T IIbIe 2 e STRATEen' Organization Analyais ProdlJClMty tncenrllln Posltille EmpJoyH AelatJons CUmat. e PrevllOtlv. Medical Programs Oocupatlorl8r Health and Selety Progr.".. Introdudlon of No-Cost Benefits Methods-IlTIpI'DYemet1t Training Quality of Work Ufe Programs Improved P8I1ormance Apprai8&ls P!llSONNEL.IOIJRNAL . July 1979 e NINE PERSONNEL STRATEGIES FOR LONG-TERM PRODUcnvrrv IMPROVEMENT identify UIII1eeded '81181'8 of Organization. overtapping a::aJuntabPitin Prgf t from ImpF'OVlÞd olAput ottsets added wages low., unit-pay co... from ffeJdbIe work ru,.., grntør empIovee cornmilment Reduced IIbIenteellln. medical claíl'llS IInd dNtha through ~ed ~ heaII'I RIPduced cost. for lost-time accidents Wid I...... Reduced I1Nd for c:oatty benefit 1IddItIa.. Gluier contribution by d empq._ to øtIIdent operaticJns PI oft~ i!npor1ant by produc:t Improved individual performance through MBO TARGET GROUP MarnlgemWlt f>!WIt hourly and SUpervision Plant hourly and oIflce cterical AI'employ... ( Plant hourly anct IUpervÍltÌOf1 AU employees All employe.. Plant hourly Management 4SJ ~- . _e - 17 05 07:318 L8rr~ Ba~~o. The personnel professional can be extremely valuable In e.blishing strategy and tac::tlcs for remain- Ing nonunion. Possible contributions include: · Runmng attitude auntey8 to dlltermiDe pGeliW. problem area. and chart corrective action. · A.cata.Jning that wage and benefit levela ... competitive and that . plant IllaD8ger under hea~ budget preøur. dou not provide Inadequate pap, taIdag "a magi o. the fact that the empl... Jack a rep.....nt¥tvc. Labor-c08t controb come through more lexJble wort rules and higher eaap1ov- conuaftment:. not through Inadequate wages. · ArrBlDtling for even-handed edmtnJstraUon of reward. and dlldpJJne to emp!ove.. wiD not ,.... a need to seek third-party ...tance to aoIve their problelhs · DeveJoptng a dbnate for open two- wa, communications about important iaau.. facing the organization and for collaboration In problem tol"lng. Successful nonUnion operations rely heavily on aU members of the management organization to sus- tain the proper climate. However, the personnel pro- fessional shouJd be the catalyst in creating strategies for remaining nonunion and the glue that holds the program together. In the unionized operation, there Is a wide range of management strategies, from conflict to coopera- tion. The old adage Is that a company is likefy to get the kind of union It deserves. For this reason, many companies try to estabUsh a dimate of bust and mutual respect for one another's roles. The payoff, as in any successfuJ partnership, must be enjoyed by both parties. The employer gains bV fJm1t1ng the amount of uneconomical staffing provisions In the contract, and the union membership gains from the competi- tive wages and Job security that can ultimately be pro- vided only by a highly productive operation. Where such trust does not exist. freq uently the only meaN of eliminating counierproduct1ve practices occurs when the operation Is faced with a crisis. Control of Benefit eo.. The cost of employee benelits has been Increas- Ing somewhat faster than wage and salary levels dur- ing the past two decades, As a result, benefits as a percentage of base pay In the U.S. have increased from 23.9% In 1957 to 40.6% In 1977. The cost in- CJeases are due to the addition of new benefits, such as dental care insurance, expansion of existing pro- grams, legislated requirements, reduced employee contributions and hyperinflation In the cost or medical care benefits. The best method for controlling benefit cost is to control wage¡ and salaries, since the two pay eIe. ments are closely linked. Some other basic approaches the personnel function can Implement are covered briefly beJow. P'euentlue Medlcøl ProgrøØIII: In the U.S., the employer pays a large portion of the total medical bßl PERSONNa IOURNAI. . July 1979 239 598 5267 p,.6 Agenda Item No. 90 June 28, 2005 for employees and their dependents thrcilØJIec:ôélof 51 p;my-spontored medical, dentaJ and disabiIJ¡Y pro- grams. Employee deaths also I'II.ult In group life in- surance dalms of one to four times the IndlYldual's annual pay, which are charged .....ntuaUy to the em- ploye's loss experience account. The cost 01 these p~ms rose from 2.0% of base pay In 1957 to about 5.0% of pay In 1977.' There are Indb'ect costs as well due to lost product:lvHy from absences .nd sub- standard performance from aJDng employees. It .eems obvious that emplovers have an Important stake In maintaining a healthy work foree, and yet only about 50% have active preventive medical pro- grams. ' Some employers have concluded that the medi- cal profession will continue to prac:tice expensive medi- cine. Therefore, the only way for them to offset In- f]lttionary cost increases Is to prac:tlce preventive medi- cine. The preventive approach Is based on several tenets: · A very large proportion of medica] problems caaTbe prevented bp good personal prac:ttcu . About 704ft of the popuJauoa r. good health as the I1IOIIt important thing in their bv... . Tbaefore. If indMdu.... are properly informed, they wiD be motivated to take ..... to preserve the'" own and their families' health. The success record in health education has been mixed. Use of c:lgardes has not been severely af- fected, although smoking hu been publicly branded the country's principal health problem On the other hand, the recent awareness of the role 01 exercise In promoting cardiovascular fitness has been instru- mentaJ In creating 15 to 20 mlDion joggers. The cost Impact 01 preventive medical programs wUI be negIJglbJe In the short term, but It could be sub- stantial In the long run as the Inddenœ of the major threats to employee health are reduced through good pcsonaI and famUy health habits. CaN Hl8tory: One company In Ita smplOJlU health awareness plan 1& communlcøtlng a very simple rJJf!S$CIge that Indudes the following: 1) 54% of adult death. are due to cardJouas- cular disease and 20% due to cancer. These are the chief threats to adult fongeuJty. 2) There area lew basic lteps that con sharply reduœ the risks oJ theM dfHCUa: o P";odic phyllcøJ exo/'n$ o Reduction or .lImination of smoking o Maintenance of weight and blood prasure within norm. o Vigorous physical exereiN o A balanced, low-cholesterol, hIgh-fiber diet Following a uery Itrong Initial message to at. tract aUentlon, lnexpens ue lollow-up programs (multf/ador risk analvsls, free EKGs, .mp .mok- Ing climes) attempt to motilX1le the employee to 458 "a~ e e ".~ 17 05 07:31. L.r,..~ Ba~t.os bars of empjoyees In methods improvement and work slmpll8catlon. J can atiJI recaJ my first management position In a Procter & GambW plant J6 YlNlfS ago. There was a strong methods-improvement Indodrina. lion. and I was assigned ð goal 01 coming up with cost reduction projects equal to about three times my an. nual salary. The experience made a strong impression On me, and years later my instinctive reaction In any new situation is to look for methods Improvements and marginally productive cosfs. CØlJe HIHorlø: Green Giant put a aoss·8«tIon of 350 ernploJlft$ through /tve days of methcxh-Improuemmt trøJn- Ing. The program, which .eart«i In 1974, hcu generated saumgs totolllng $2.5 million per year. /ndluldrJa/ contributions ranged from an Ideo that saued $75C a year submitted by a waitress, to a process Improuement submUted by 0 production executlue that economized by $375,000. · IBM Corporation has taken methods-improue. ment trufning one step further than I7IOIIt com- panies. At it$ Lexington, Kerrtucky offICe prod. ucts plant, it undertook to train an emplo)lea in methods improuement. The resuNs were phe- nomenal. The number of augSlftt/on. for 1m. provements accepted bsI the COmpany increased from 500 In the bœe year to 2,600 three yeGl'I later. Three out of four emplo JeeS turned In sug_ gestions, and thev received $270,000 in awards for sauings produced of over $1,000,000. The ' facility WOI regarded as one 01 their most pmduc_ ttl1e.IO (IBMs no-layoff policy described earNer no doubt facftrl4tes such posltfue response.) PI is parUdy atlttude and partfaJly technique. The personnel department that can combine these dimen. sIons in an effective training program will have made an Important contnbution to productivity. Quality 0/ Work Life Program.: Only ð few ma. Jor corporations have had extensive quality of work life (QWL) programs. ~e5e Include General Motors, Procter & Gamble, TRW, Eaton and others. The QWL efforts COVer a broad array of activities, Induding Job enrichment, extensive two-way communication about a variety of subjects of mutual concern, partk: peUve managemeot, changes In work place layout or the simple assurance that every employee is treated as an adult. The variety of QWL programs defies de- scription in this paper. In most of these activities, PI is not a primary objectfve, but !IS the fun talents of em- p)oyees are utilized, they often end up "working smarter, not harder," with beneficial results for both morale and producuvity. There are so few successtul U.S. programs that they tend to be overpubliclz«J, creating an Impres- sion of much wider usage than actuaJ1y exists. Prob- ably there is no More than 2 to 4% of the U.S. work force covered by Qwt Progrllms. Certainly, the Amer- Ican experience pales next to the standðrds set In Japan where QWl is a natiol'lðl priority. PER5ONNEL.JOURNAL . July 1sr79 e 239 598 52G7 p'.7 Agenda Item No. 90 June 28, 2005 Que HI.tor'y: Page 35 of 51 In Japan, a major QWl. PTOgnJm has been effec. tiue lor man ,! JÞeaIa. In 1962, ~ com. panles Itorted deue/op4ng "Quality Clrclu" (QC). The ob}edIue was to upgrade the quollty oj Japanese products and COunteract Japan's reputation in the world marlcøts for producing shodd)J m~hand1ae. G/'t)upa of management and prodlláion emplOJ t b and tec:hnlc1ø11$ 90 through exteJvIue QC tTainlng. The teams of 5 to 10 Mlployees ".., regularly on 0 uoIuntary bo6i.. The team membel'l tee thenwlvea cu hailing 1UpOTlllbllltv for QC, rother than .some ouùide Ito/f group. The focus of the drcfe 1IQt_ uraJJy broaden. to 011 aspects of the ØP8I'GtJon, .so that the team Is pro"m M>lulng on Q broød range of production iaaua. Since 1962, 7 mil- lion worklm haue gone through qualitV-con- troJ trainIng. ImP10Uements developed by the 600,000 udrcla" haue MJued Japanese Industry billions of do11œs and greot/v enhanced the $Qf. ability oj Japønac producø In the U.S. and ather countries. Improued moral. also resulted from the flT'(laICr I-nns ollnlJOluemem the team ap- proach engendered. While this system may be culture-bound to IOme e1tùrrt, Lockheed has IUCCessfu'ly adopt«l the IJ]Øtem In the U.S. II Significant Impediments 10 QWL programs re- main in U.S. Industry, Including ambivalent manage. ment and union attitudes, Inadequate measurement and di$appointment In highty louted "cures." Too frequently, the pl'O!J'ams become acceptable, onJy when the organization Is laced with a crfsis. As more and more companies reac:h their limits on t!aditionaJ top-to-bottom PI approaches, they wID have to (¡Yer- come their fears and resort to QWl programs. EJ/ectl.,. Performance AppnJl.a": Employee performance apprataa) programs have been roundly a1tidzed for their IaIlings. and few companies are totaUy satisfied with the programs they have In eINct However, some companies have caretWly developed appraisal programs that ani fJed to pcrfonnance as it relates specific objectives, resulting In Important bene- füs: ( · More atteation focu.ed on the mo.t Jmportant obJecav. to be KCompllahed · Valuable feedback to Individual. to t......ove ..u -.-:ta 01 performance aad to reinforce c:onatructive upec:ts · Identlftc:atloD (~.....) 01 individual. for promotion or t.ennbuItIon · MOMtaIy rewards reJated to tndMdual contdbutlons. All of the above are Important In maintaining or. ganizational productivity and p~ sound bases (or continuation. CcueHlØory: The operations head of Q mature dluiaion lelt that hE. plant monagemsnt teanr. had become 455 e -) _e I5t (!I.JI. ... .4t1Mf ...,., 1tc~, '9.4 Agenda Item No. 90 June 28, 2005 Page 36 of 51 9411() May 15, 2005 Ms. Sue Filison Executive Manager Collier County Commission 3301 U.S. 41 E. Naples, FL 34112 F?r::· (' E' n IE t...~ -..I , v -:D MAY 1 rj 2005 Board ere (¡unl)' C;oml7¡'- . 1~':>loner:; Subject: County Govemment Productivity Committee Dear Ms. Filison: I understand from the Daily News article that there is an opening on the above named committee. I wish to offer my name in candidacy for that appointment. My corporate executive experience includes leadership in productivity management programs and I have been involved in various organization studies. I have had significant involvement with Collier's department of code enforcement concerning homeowner association environmental issues; fortunately this involvement is reaching a conclusion that seems to be satisfactory to both the County and our homeowners. (I am in the process of offering some suggestions to Director Michelle Arnold, based on my involvement with her organization.) A more detailed description of previous experiences is attached, as well as a copy of a productivity article of mine that was published some years previously. I have been a year round resident for about ten years and part time for five years previously. I have a long term record of voluntary service and community involvement. Please contact me if you have questions about my qualifications and interest. 'P~: 239.592.1391 '9u 591.5167 e-lIItIit: .ftéJJJ@~.ttd e e e ._-_._~ oilier Coun Government Productivi Committ 2005 Candidate Information Summary Agenda Item No. 90 June 28, 2005 Page 37 of 51 Name: Larry Baytos Address: 252 Cheshire Way full time resident since October, 1995 Summary of Qualifying Experience I. Involvement With Collier County Government · For the last six years have been extensively involved with Department of Code Enforcement - Environmental Compliance · Recently negotiated environmental compliance agreement for our HOA 2. Prior Corporate Experience · Senior Vice President, Human Resources & Administration - Quaker Oats Company (30,000 employees in twenty countries) · Responsibilities included human resources management, coordinator Droductivitv and overhead cost reduction Droarams, communications, headquarters building management, environmental compliance, employee health and safety. · Member, Executive Committee, reporting to C.E.O. 3. Management Consulting Experience · Ten years major consulting firms experience in organization design, compensation, benefits, diversity management (sample clients, American Bar Association, Sears, Northern Telecom, Browning Ferris Industries, Mead Paper) · Chairman, Diversity Consultants Inc. AUanta, Georgia 4. Collier County Leadership Activities · Audubon Country Club Foundation - homeowners association - Chairman, Transfer Committee 1998-1999 - Board President 2002- 2004 ($1,000,000 annual budget) - Activity leader for environmental & communications · Literacy Council of Bonita Springs - tutor in English as second language 5. Director, Not-tor-Profit Organizations (national and Chicago area) Professional, civic, hospital, charitable (six in total over 20 year period) 6. Education & Other · MBA, Harvard Graduate School of Business · Published author of twenty professional articles and a book · u.s. Secretary of Labor award for exemplary volunteer (corporate) efforts ~.~. .c- ( -----. Agenda Item No. 90 June 28, 2005 I Page 38 of 51 -~'. Nine Strategies for Productivity . Improvement ..- ~~~~ M:RSONNEI. JOURNAL ßmillì Productivity is tile problem-and, personnel is definitely part ' of the solution. L8wrence M. Baytoa Vice Prellden1 Corporate Personnel The Quaker Oatt Company Chicago, l!lncI. About the Author: . u.nnoe.l/I. -.,ro. was a PfII'sonMl oonsultant with H_1tt Associates arid Booz, Allen & Hamilton, in addition to holding personnel positions in various m8tlUfaotw:ing campari~s;Mr,Ba~oserned an M,B,A. (rom H.rvard University and Isa mèmber of ASPA's President's Counoil. ' . . The current plight of many companies Is ex- emplified by the words of one 'executive who has brought about Impressive productivity gains In his division over a period of several years: We have cut out most of th.e costs that were easy to get at through automation and Im- proved methods and procedures. Most of these cO$ts were englneèred out In a traditlonaJ "com- mand performance" manner In the plants. How- ever, further large capital Investments look mar- ginal from a labor cost-saving standpoint The next produ.ctlvity Improvements have to be much broader-based with the support and in- volvement of. every employee If our efforts are . to be successful. This executive, like many others, feels the need to do "something" to Improve productivity, but he Is not sure what that something should include. There Is . general agreement that productivity InCreases In PERSONNEL JOURNAL . July 1979 the United States have' ~en declining at.an·aJarming rate (see Table 1). HO~'Wer, the,te·Js lesS 'agreement on the prlndpaJ causes .of the decline and èven less consensus on how to. tackle the problem on an In- dividual company, division or plantlevel. " . The lnitla] reactionJQ the su~tion that the per- sonnel department be sean as a'fulcrum: fôr' produc- tivity fmprovement (PI)Js often one of sl.\rÞrise. It Is very, Wy fOF b'oth line· management and. thé person- nelþrofesslonal.to overlook thispôtential. This myopia has developed because so much of the· personnel' work has become defensive In nature (responding to government requirements),. maintenance-oriented (benefit administration) or· only . vaguely related to the basic thrust of the organlza:tlon (bowling leagues, re- tiree newsletters, etc.). . Management In many companies often limit their . view of productivity Improvement to the replacement of labor with capital equipment But labor Is only one determinant of productivity. The broader definition of productivity favored by the American Prociuctlvlty Center Includes an the elements of labor,· capital, energy and materials that go Into producing goods and services. This broader perspective diminishes the focus on short-term gains through headcount reduc- tions and enhances awareness of a number of tech- niques which have Important long-run PI Impact. And many of the PI techniques can be generated by a professional and responsive. persônnel department Even a cursory review of the practices of successful companies leads to the identification of a number of basic personnel strategies that can have important PI Impact Nine of these strategies are summarized in Table 2 and described In this article. Note that there are some features common to Agenda'ltem Nò. 90 June 28, 2005 ~. Page 39 of 51 all the strategies. They are all centered on the em- overhead, even though payback may not be the pri- ployee, which is where PI ultimately must be gen- mary objective of the program. The strategies do not eratgq~.: they are· comprehensive" cQveringa wide., provide a fix for next month's budget problem, but ¡- range of direct and indirect costs; and they are cap- their long-term focus is consistent with the long-term ~ able of yielding attractive paybacks with little added nature of the productivity problem. For discussion purposes, the nine strategies have been broken into three basic categories: control of . wages and salaries, control, of benefit cqsts andgen- era! productivity hnprovement The financiaJ benefits and· suitability of each strategy will vary somewhat from company to company according to labor inten- sity, level of personnel expertise, extent of past PI ef- forts and related factors. Prlorlty setting Is an impor- ~nt step in Itself which cannot be dealt, with here. J Table 1 . . , . ANNUAL'PRODUCTlVITY "GROwtH"' ' ,;... IN THE UNITED StATES '1' ! "" i*~~~ ,. .~;, ,,'-. " Nonf.rrñ:·..· ..' o PrIm. Bu8lne.. Economy :'",! . <' . . ~. 1948-1955 1955-1985'·1985-1973 1973-1977 1978- CAUSES OF DECUNING PRODUCTIVITY IMPROVEMENT CAUSES OF DeCLINING PRDDUCTIVITY IMPROVEMENT C.u.. Excessive regulations Evidence Billions InveSted for nonproduclng pollution control, etc:. , cute growth by .4% year according to CEA. Investment In new capital and equipment 1948-1973; 3% per year, 1973 on: 1.75% per year. Lowest rate of major Industrial na· tions. R & D expenditures declining as percentage of GNP. 1964; 3.0%, 1988: 2.2%. X% of work force in services. Innux of untrained women and youth, changing worker values. Inadequate Investment Reduced R & D Switch to service economy Changing work forcè Source: U.S. Department of Labor -:; " Control of Wag.. andSal.-I.. A common approach to PI is, to mandate an across~the-board reduction in headcount of X%. This method provides prompt. and visible· reassurance that management Is definitely going"to do something. Often the personnel representative win be seen as an impedi- ment to Implementing such crisis programs, as he or she tends to cite the adv~ Imp2!ct on morale and on the retention of protected class groups (age, sex, race, etc.). But contrary to the narrow perceptions of many line managers, personnel can play a very positive role In Implementing programs to control' wages andsal- aries as described below. Creating More Ejffclent Organizations: While there is more to PI than reducing hèadcount, that is still the place where most organizations will want to start. The important thing Is how it Is approached and carried out The art of organizational analysis can be very useful In developing sound alternatives for a leaner organization. During periods where corporate profits are comfortably high, yet real grov.rth Is rather modest, organizations may develop excessive organizational layers and duplication of activities. To some degree, this Is the result of the understandable desire to pro- vide opportunities for people who are growing faster than the business. There are two costs in these,sit- uations: excessive overhead and cumbersome " in- effective decision making. "Approaches to the prob- lem can be very straightforward. C' CØJle Ht.torles: At a manufacturing plant, the foremen, depart- ment managers, superintendent and plant man- ager deueloped a detailed listing of account- abilities. It soon became apparent that there was as much as a 50% ooerlap In what the var- ious, management levels considered themselves accountable, and no unique contributions could be attributed to one of the supervision lavers. -Each level was, to a frustrating degree, check· Ing the work of the foreman. Bv stripping out the areas of overlap and rearranging account- abilities, an entire management laver was elim- inated through a combination of attrition and PERSONNEL JOURNAL . July 1979 (, /. .: Table 2 NINE PERSONNEL STRATEGIES FOR LONG-TERM PRODUCTIVl1Y IMPROVEMENT STRATEGY IMPACT Organization Analysis Identify unneeded layers of organization. ov.rlapplng accountabilities Profit from Improved output offsets added WBges Lower unit-pay costs from flexible work rules, greater employee commitment Productivity Incentives Positive Employee Relations Climate ,{- Preventive Medical Programs Occupational Health and Safety Programs Introduction of No-Cost Benefits Reduced lIb.ent..IIIT1, medical claims and deaths through IrnproVed employee health' Reduced costs for lost-time accidents and IlIn..... Reduced need for costly benefit additions M.thods-Improvement Training Quality of Work Life Programs Improved Performance Appraisals Greater contribution by aD employ... to efflclènt operations PI often Important by product Improved Individual perfonnance through MBO ( PERSONNEL .JOURNAL . duly 1979 Agenda Item No. 9D June 28, 2005 Page 40 of 51 TARGET GROUP Management Plant hourly and supervision Plant hourly and office clerical . All .mploy.es ,. " . . '., .. ~ '., , Plant hourly and supervision All employ.es All .mployees Plant hourly Management transfers. The result was reduced ouerhead and Improued morale. Like many large companies, ours has some functional staffs, such as purchasing, personnel and engineering, at the corporate, division and plant lefJels. To reduce wastefuì duplication of effort and pointless Jurisdictional disputes, we broke the personnel function Into 7 areas (com. pensation, EEO, labor relations, etc.) and a total of 80 prlndpol 4ctiulties wlthtn ·the areas. Cor- Póråte and difJlsìonal PerSonnel headS reached consensuso~ who would have primary respon- sibility for performance of each activity. This process i"volued·' time-consumll1gand delicate discu,sslons,' bùt "resulted In decentralization of sortieactlultles; suèh as· training and recruiting, . closer to the actual users. Other activities, such 'as EEO and beneftts, remained somewhat cen- tralized due to the technical nature and gouem- ment Interface. The net effect was more effec- tiue services with slightly fewer people. Another Important contribution of the personnel professional Is to make sure that the PI effort Is or- ganizationally sound. Too often, such programs are run on a crisis basis with direction by a PI "czar." Un- leSs PI efforts are integrated Into day-to-day opera- ~ ,.." , ... . ...... An Important contribution of the personnel professional Is to make sure that the PI effort. is organizationally sound. tlonson along-term basis, the results are likely to be dlsa.ppointing. Each organizational unit must feel re- sponsible for results and get the credit for successes. . org~hizatlon~anáJ'Ýsis: tedmíqú~ are 'rcdatively stralghtforwatd. . ~ince careérS may be on the line,. the personnel" ptofessional must have a' high degree of sensitivity and an understanding of organization prin- ciples to be effective. He or she must also be gutsy, because the recommendations often will create as many enemies as friends. Imp'ementing Productf,,'ty Incenti"e.: On two occasions In my career, I have recommended the abolition of my job (but not until· I was safely on my WaY to a new one). This experience led me to formu- late a new law: "PI efforts are likely to fail If the em- ployees Involved do not have an Incentive to contrib- ute. to the effort to their. fullest capacity or If they are insècure àboût thelÌ" own' future. ,,' One means tò' de- velop support for Improving productivity Is to Imple- ment an incentive program whereby employees share In productivity gains. WeIJ-deslgned and admlhistered Agenda Item No: 90 June 28, 2005 · plans can have a big payoff for the compaiì,gmd1eQi~ 1 ployees. CQH Ht.torla: Desoto Chemicals and Coatings experienced a 49% productJvity Improuement in conjunction with the Installation and operation of a Scanlon production-Incentiue plan In four of their plants. Employees enJovecl the benefit of cash bonuses resulting from their efforts. Employee morale also Improved due to greater involuement in the success of the business and- the added job security proulded by more competitiue plants. r", ( Our ToV Ðlulslon, which is quite labor-intensiue has a proftt-sharing plan that prouldes 20% oj . th~ before~tax profits to employees. The plan . provided a uehlde for enlisting the aid 01 all plant and offtce employees In PI efforts to en- hance their proftt-sharing awardS through a $3.0 million cost-reduction program. The threat to job . security represented by Inexpensive com- petitive Imports was also accurately portrayed In employee meetings. The PI program re- sulted In a doubling of suggestions submitted through the suggestion system by hourly em- plovees, and the program received broad sup- port from all echelons. . An important danger of productivity. incentives' . 1$ that they can easily become dated through changeS . In. technology and product Unes. Unless. they are. periodically: reviewed and updated, they \11111 soon be- come discredited or excessively expensive. Produc- tivity incentives are also more and more difficult' to . develop due to higher levels of automated opera~ tlons. Procter & Gamble, a long-time user of indi-. vidual Incentives in the plant, recently announced that they are discontinuing such Incentives beca'use . it .~ was becoming Impossible to distinguish whether capital or labor should get the credit for PI. . . Job security Is also an Important Ingredient in PI programs. For years, IBM has maintained a policy of not furloughing or terminating employees for lack of' work. Thus, the employees Cðn be fully committed to. productivity Improvement,. since their employment Is . secure even If their current job Is not needed. As desCrIbed later, this approach can be quite effective. Unfortunately, it Is not affordable for many companies where limited growth was the impetus for the PI pro- gram In the first place. ( . PCMftlÐe Emplovee Relations Climate: The gen- eralemployee relations climate of an organization can critically Influence individual productivity and thus total labor costs. This is true whether the operation is unionized or nonunion. ' Union critics claim that restrictive work rules, pro- longed grievance handling and arbitration, strikes and lower levels of employee commitment in union opera- tions lead to higher total labor costs than in nonunion 'operations. While trade Unionists r'nIght well object to such a broad generalization, the companies with both types of operations are seldom Indifferent about the relative advantages that nonunion operations have. c PERSONNEL JOURNAL . July 1979 The personnel professional can be extremely valuable in establishing strategy and tactics for remaln- In~ nonu?ion. Possible contributions, Include: · Running attttudesurveys to determine possible problem areas and chart corrective action. · :Ascertall1lng that wage and benefit levels are competitive and that a plant manager under heavy budget pressure does not provide Inadequate pay, taking advantage of the fact that the employees lack a repraentaUve. Labor-cost control. come through more Bexlble work rules and higher employee commitment, not through inadequate wages. · Arranging for even-handed admlnlatraöon of rewards and discipline 80 employee. will not feel a need to seek thlrd- party as.lstance to solve their problems · Developing a climate for open two- way communlcaö'Oßl' abòut Important Issues facing the orgariization and for collaboration in problem solving. (' Successful nonunion operations rely heavily on allinembers of the management organization to sus- tain'the proper climate. However, the personnel pro- fessional should be the catalyst In creating strategies for remaining nonunion and the glue that holds the program together. , , , ,In, the unionized operation, there Is a wide range of "management strategies, from conflict to coopera- tion. The old adage is that a company Is likely to get the kh1q of union It desetVes. For this reason, many companies try to establish a climate of trust and mutual respect for one another's roles. The payoff, as In any' successful, partnership, must be enjoyed by both p~~. The employer gains by limiting the amount of uneconomical staffing provisions In the contract, and the uniorfmembershlp gains from the compet!- ,tlve .wages ~nd job security that can ultimately be pro- vided ,Qnly, by--a--hlghly productive operation. Where such trust do~-not exist, frequently the only means ~f" eliminating coùnterproductlve practices occurs when the operation Is faced with a crlsJs. l, Control of Benefit Coate , The costc'Öremþló9ft~t>ehefttSñai beenln~ ing Somewhat faster than wage and salary levels dur- Ing the paSf1Wo decades. As a result, benefits as a percentage of base. pay In the U.S. have Increased from 23.9% in 1957 to 40.6% In 1977. The cost In- creases are due to the addition of neW benefits, such as denta1..care'insurance¡ expansion of existing pro- grams, legislated requirements, reduced employee contributions and hyperinflation In the cost of medical care benefits. The best methód for controlling benefit cost Is to control wages and salaries, since the two pay ele- ments are. closely linked. Some other basic approaches the personnel function can Implement are covered briefly below. Preventive Medical Program.: In the U.S., .the employer pays a large portion of the total medical bill PERSONNEL JOURNAL . July 1979 Agenda Item No. 90 June 28, 2005 for employees and their dependents tlC~4~~1 pany-sponsored medical, dental and dJsabllity pro- grams. Employee deaths also result In group life In- surance claims of 'one to four times the individual's annual pay, which are charged eventually to the em- ployer's loss-experience account. The cost of these programs rose from 2.0% of base pay In 1957 to about 5.0% of pay In 1977.2 There are Indirect costs as well due to lost productivity from absences and sub- standard performance from ailing employees. It seems obvious that employers have an Important stake In maintaining a healthy work force, and yet only about 50% have active preventive medical pro- grams. 3 Some employers have concluded that the medi- cal profession will continue to practice expensive medi- cine. Therefore, the only way for them to offset in- flatlonarycost Increases is to practice preventive medi- cine. The preventive approach Is based on several tenets: · A very large proportion of medical problems can be prevented by good personal practices · About 70~ of the population rate good health as the most Important thing In their lives' · Therefore, If individuals are properly Informed, they will be motivated to take stepl to preserve their own and their famtlles' health. The success record In health education has been mixed. Use of cigarettes has not been severely af- fected, although smoking has been publicly branded the country's principal health problem. On the other hand, the recent awareness of the role of exercise in promoting cardiovascular fitness has been Instru- mental In creating 15 to 20 million joggers. The cost impact of preventive medical programs will be negligible In the short term, but it could be sub- stantial In the long run as the incidence of the major threats to employee health are reduced through good personal and family health habits. Caae H",tory: One company In Its employee health awareness plan Is communfcatlns. a very simple message that 'Incíuøes thejOlloWf'iìg: ...... _.·'H..·· ...... . ..". 1) 54 % of adult deaths are due to cardiouas- cular disease and 20% due to cancer. These are the chief threats to adult longeulty. 2) There are ,a few basic steps that can sharply reduce the risks of these diseases: o Periodic physical exams o Reduction or elimination of smoking o Maintenance of weight and blòod pressure within norms o Vigorous phvsfcal exerdse o A balanced, low-cholesterol, high-fiber diet Following a uery strong Initial message to at- tract attention, ·'nexpenslue follow-up programs (multi/actor risk analysis, free EKGs, stop smok· Ing clinics' attempt to motiuate the employee to assess his or her current state oj risk and take steps to reduce risks. There Is an enormous range of options. Com- pany exercise facilities and exams by company phy- sicians represent the more expensive end of the spec- trum, but any organization can find an affordable pro- gram level. Improued Senefft Economla: There are sev- eral approaches to redudng benefit costs that already have gained broad acceptance In Industry: · Self-Insuring medical, dental, life and disability coverages to eliminate state premium taxes and reduce Insurance company risk charg.. · Flexible premium arrangements yielding improved cuh flow and smaller raerv.. held by the insurance company · Improved pension fund Investment to offset actuarial 108181 due to pay increase. In Gcen of actual usumptio.... Companies that have already squeezed as much out of their costs as they could under these steps (2 to 10%) are turning to other innovative approaches. Cøø H,.tory: R. J. Reynolds Invested $2.5 million In a com- pCJny-sponsored health maJntenance. organfm- don (HMO) as an a1tematfve to a tradltfonal health care plan. Under the HMO, h08p1talfm- . ,Bon has declined 52%. Savings for 30,000 em- ploVU$, as compCJred with their conventional plan, will permit payback of the investment In 24 months, plus the gains enjoyed from re- , duced productivity. 5 Unfortunately, the overall avaiJabWty and em- ployee participation in HMOs has been disappoint- ing. In many dtles, they will not be a practical a1tema- tive unless strongly supported by employers. ea.e H,.tory: The, pressure for added holldavs and vacadons and their accomponVing Impact on produètivity con be mitigated with creative work-schedutfng alternatives. McDonald'. corporate headquarters employees have a program that operates dur- Ing the summer month.. In programs of this tv¡>e, the worle day Is extended slightly from Mon- day through Thursday, and then employees are free to leave at 12:30 to 1:00 on Fridays. This highly desirable extension of the weekend Is, aeen_ as a real beneftt b}/ employees, yet It does not signlficantlv reduce actual hours worked or paralyze operations as an added ho/idaV would. These are creative alternatives to an unquestion- ing expansion of benefits. These approaches and others, such as flexible benefit programs being imple- mented by American Can, provide some hope of slow- Agenda Item No: 90 Ing the growth in benefit costs to a rate m~¡~i~~ . able to the growth rate of wages and salaries. " PØJ1back /rom Employee He4lth and Safety Program.: It Is estimated that, the cost of work-related accidents In 1977 was $20.7 blUion.6 This Includes direct losses for wages and medical expenses and in- direct costs associated with lost production, accident Investigation. etc. An effldentJy organized and strongly supported employee health and safety program can bring about a redudion in the employer's direct and Indirect costs. In some cases, staff additions may be required to ac- complish desired objectives, which may not be easy to seD during a PI push. However, the company that takes the longer view can achieve significant benefits. ( Cøø H.torfa: Through a determined health and safety pro- gram, Monsanto reduced Its injury rate to a level 85 % below the chemical Industry average for 1975. A Monsanto representatfue estimates that $8.875 million of direct and ¡ndlrect costs are being avoIded bV this superior Injury record. The savings are well in excess of the program costs. 7 In one foundry, 60 men were employed In a hand chipping operation. In 14 years, 35 em- ployees had contracted some degree of dis- ability from silicosis -11 of them were declared permanently and totallv disabled. Two hydro blast u,pts were installed for $200,000, replac- Ing the hànd chipping. These units resulted In dust levelS being brought within allowable lim- Its, and 59 men formerlv engaged In the hand chipping were made avaJlable for other assign- m~ in the plant. The labor savings alone were $300,000 per year.· Companies with good safety records often have lower turnover and better morale, as employees selise the obvious concern for their welfare. Improved health and safety in the work ptace Is a classic opportunity for enlIghtened corporate self-Interest The basic ob- Jective is to eliminate unplanned events that have an unfavorable impact on individual well-being and cor- porate productivity. The effective program can pro- duce resu1tsbenefldal in both humanitarian and eco- nOmic terms. (' '.. Gene,el Productivity Improvements The long-term commitment to PI requires that the effort be Institutlonahzed among all' employees, or at least a large portion of them. Unless PI becomes a way of life in the organization, there win continue a tend- ency to develop heavy staffing levels and loose ex- pense control in good times, to be followed by aisIs- generated purges and "nickel-dime" expense cut- ting as profits decline. Some strategies for develop- ing long-term commitment are described below. MethCHÜ-lmproøement Training: One means of maintaining a long-term PI focus is to trein large num- PI!R8ONNEI..JOURNAL . July 1979, ( I. ~ bel'$ of e~ploy~~,J~m~~hods Improvemept and work slmpliftcatlo~~ f; ~n,stin, recall my first managemel,1t poSltioniri; a;rrçcter & Gamble plant 16 years ago. TtÌ.ué, ~,l>:,strong meth~-Improvemenf IndoctrIna- tion, and I was assigned a goal of coming up with cost redu'ç:tion prpj~ètsequal to about three times my an- n,l,IaJ salary~Th~ exp~rlence rnadea strong Impression on me, a,nd years later my InstinCtIve reactiqn In any new sltuatión istq lo()k for methods'lmprovements and rriargina1I~, productive. costs. ' éa.eHI.torf~: .. ~ree" Giant put a cros-~seçtion òf 350 employees through five days of methods~lmprovement traln- Ing.The program, whIch stQrted In 1974, has generated savIngs totaUlng $2.5 millIon per year. Indlvidua./contrlbiJtions ranged from an 'idea that Saved $750 a year submitted by a waitresS, to' à' proceSs Improvement súbmltted by a production executive that economized by $37?,poo.· ' {' . . IBM Co~r~tlon has ~ken methods-Improve- '! ment training one step further than most com- panies. At its Lexington, Kentucky office prod- ucts plant, It undertook to traIn all employees In methods Improvement. The results were phe- nomenal. The number of st.lggestlons for im- provemen~ aCcepted by the company Increased from 500 in the base year to 2,600 three ),Iears later. Three out of four emplovees tumed In sug~ gèsttons, and they received $270,000 In awards for savings produced of over $1,OOO,()OO. The , facility waS regarded as one of their most prcdJ.IC- tive.IO (IBM's no-layoff policy described earlIer .. no ,doubt fi:Jcllltatès such posftl~e response.) , PI is paröàllÿ attitude' and partially technique. The personnel department that can combine these dimen- sionS In ari éffectlve'trålnlng program will have made ,an Important ' contribution to productivity. 'Quality oj Work Life PrøgrørruJ: Only a few ma- jor corpor~tions, have had extensive quallW of work life (QWL) programs. 'These lÌ1c1ude General Motors, Procter & Gamble, TRW, Eaton and others. The QWL efforts cover a broad array of activities, Including job enrichment, extensive two-way communication about ,a vðriety of 5ubjects, of mutual concern" pai11c1pative management, changes In work place layout or the ;simple assurance that every employee is treated as an adult. The variety of QWL programs defies de- :scrlption in this paper. In most of these activities, PI Is not a primary objective, but as the full talénts òf em- ployees are .utilized; th~y often end up "working smarter, not barder,"., wltb beneficial results. for both :morale and productivity. ' There are so few successful U.S. programs that they tend to be overpublicized, creating an Impres-. ,slon,of much wider usage than actually exists. Prob- :ably tbere Isi\o more than 2 to 4% of the U.S. work force covered bY·QWLprogram.. Cè~nly, ,the Amer- ~:a~~e::n~Ÿ;~:~:~n~ ~~~~~~tídûdsset Iri' PERSONNELJQUIQW. ..Julyl979. " ( . .._- -,. -..-....--" Agenda Item No. 90 Que Hlltory: June 28, 2005 In Ja'PaI1"a major QWL program has beeh~ec14 of 51 tlve lor many years. In 1962, Japanese com- paniesstarted deue/oping "Qualitv Circles" (QC). The objective WCJI to upgrade the qualitv of Japan,ese . products and counteract Japan's reputation In the. world. markets for producing shòddy, merchandlae. Groups of management and production emp./oyees and technicians go through extensive QC training. The teams 01 5 to ..1 0 employees meet regu/arlv on a voluntary basIs. The team members see themsellJes as having responsibllitv for QC, rather than some outside staff group. The focus of the circle nat- urally broadens to all aspects of the operation, so, that the team Is problem solving on a broad range of productlon Issues. Since 1962, 7 mil- lion workers have gone through qua/lty-con- trol training. Improvements developed by the 600,000 "circles" halJe saved Japanese Industrv billions of dollars and greatlv enhanced the sal- abltlty of Japanese products In the u.s. and other countries. Improved morale also resulted from the greater feellns of involvement the team ap- . proach engendered. While. this system may be culture-bound to some extent, Lockheed has successfullV adopted the system In the U.S. II Significant Impediments to QWL programs re- main in U.S. Industry, Including ambivalent manage- ment and union attitudeS, Inadequate measurement and disappointment in highly· touted "cures." Too frequendy, . the programs become acceptable only when the organization Is faced with a crisis. As mote and more companies reach their limits on traditionâl top-to-bottom PI approaches, they wiD have to Qver- come their fears and resort to QWL programs. "PJJectlue Performance Appra"ag: Employe~ performancè appraisal programs have been roundly criticized for their fäilings,·' and few companies are totaUysattsfted with the programs they bave In effect. However, some companies have carefully developed appraisal programs that are tied to performance as it , relates specific objectives, resulting In Important bene- fits: · More attention focused on the most Important objectives to be accomplished .' Valuable feedback tolncl1vtdual. to Improve weak upedl òf performance and to reinforce coutructfve upedl · Ideßtlftcatlon (øometlmes) of Indivtdua1ø for promotion or termination · Monetäry reward. re18teel to IncIMdual contributions. , All of the above are ImpØrtant In maintaining or- ganizational productivity and provide sound bases for continuation. ' Caø H..,or'!/: , The ,operations head ,01 a mature division felt that hi, plant management teams had become too comfortable with themselves after years of relatively modest growth and consistent profit- ability. To instill renewed commitment, an "Op_ eration Exçeflence" program was initiated. The program involved participative goal setting in a wide range of areas, Including cost reduction, unit costs, quality, safety, management develop- ment and community relations. Managers knew just how their performance would be Judged and responded well to increasingly difficult targets over a period of several years. The result was over $10 million in cost-reduction projects and improvement in nearly every qualitative aspect of performance as well. Employers with thoughtful programs can have an edge if the program includes: · Mutually agreed-upon objectives of a specific nature requiring balanced effort . A system for identifying crtttcaJ incidents (good or bad) of behavior and performance during the year · Candid two-way communication of what was achieved and how . A program for Improving areas needing attention. ,If management strongly supports the progr.am, then it can play an important part in the overall per- sonnel strategy. ( The Tot.llmpect It is difficult and, at best, highly conjectural to as- sign potential values for the cost-avoidance, output- improvement strategies which have been reviewed. For discussion purposes, some broad estimates have been made for a hypothetical company having $150 mlUion in labor costs, as shown in the chart. Actual ex- perience for. a given organization would vary sig- -- -- .-,---...-- - i . ,. . Agenda I.t~m No. 90 June 28, 2005 oJ. . r. nificantly, depending on labor intensltyPêig. 4!ilçéðt1 state of PI development and the effect(veness with which the programs are èxecuted. A1s'indicated In the chart, the dollar potential is very significant in total, and the degree of the impact of the different elements (' \. varies somewhat over time. For example, it is assumed that productivity Incentives decline in impact over time. After a strong initial impact, their Influence often wanes unless the incentive programs are rejuvenated. Con- versely, health maintenance programs have only a slight effect in early years, but will continue to build in impact, assuming appropriate support. The spedftc potential for improved productivity or cost avoidance through these techniques is certainly arguable for a given company. What does seem clear, however, is that the personnel function can contrib- ute to PI in a number of ways. While this point may seem elementary, it is often overlooked both by line managers and personnel professionals because of the defensive and mechanical pattern into which their efforts may fall. Thanks to the leadership of a relatively few organizations in personnel productivity improve- ment, a much broader potential can be envisioned for the future. . References 1. For a helpful review of priority setting for personnel programs. see M. Cheek Logan, "Coat EHectlwness Comes to the Personnel Func. tIon," Haroard Busfn_ Rel/lell/, May-June 1973, pp. 96-105. 2. U.S. Chamber of Commerce, Employee Benefits, 1977. 3. louis HarTIs, Heahh MalnbJnancc (Commissioned by Pactßc Mutuel Uf. In.uranc. Co., 19781. 4. Ibtd. 5. Lynne M. Cavanaugh, Outlook /OT Health MaJntenanCCl Organ/mt ons In the Unltlld Stota (ADL Impact ServIces). 6. National Safety Council, Acdd.nt Facb (1978 edJllon). 7. H.A. Partlow, "Safety and ProbabiUty-Hand.in-Hend," Pro/asJonaJ Safety, March 1978, pp. 36-38. 8. InI8nlgenc:y Task Force on Workplace Safety and Health, Male/nil Pre- "n/Jon Pay. 9. Gr~ Giant, employee publication. 10. Call' F. Vough, Tapping the Human Resoun:e, A Stmlell\l/or Produc. III/ICy (New York: AMACOM, 1975). 11. Qualltv Control Orela: The Human Side of Quality COIItooI (.peciaJ report), Behallloral Sciences Neullletter, 1978. ( / . I POTENTIAL IMPACT OF PERSONNEL STRATEGIES ON EMPLOYMENT COSTS ($100 Wages.nd s...rt... S40mm a.neflta) Coat Avoidance Or RacluctIoI! $8mm 7 6 5 4 3 2 0 Elapsed Time 5 yrs. 1 yr. Cost Avold.nc. Or Reduction $8mm 7 6 5 4 3 2 o 1 yr. ( \, ;~*IY Elapsed Time 5 yrs. PERSONNEL JOURNAL . July 1979 Page 1 of2 Agenda Item No. 90 June 28, 2005 Page 46 of 51 -'I80n s .m:- advisoryboards@coIHergov.net Sent: Friday. May 13, 2005 5:59 PM To: filson_s Subject: New On-line Advisory Boald Application Subnitted. ~~,,~ Board of County Comm Issloners 3301 East Tamiami Trail Naples. FL 34-112 Tel: (239) 774-3802 Fax: (239) 774-3602 f(tþl'.1 . , '. 0. " . . ..þ .~... " -4. ~ / May 13, 2005 Application for Advisory Committees I Boards Name: Thomas J Harrison Home Phone: 239-643-6260 Horne Address: 1079 7th Street South -4) City: Naples Zip Code: 34102 Fax Number: No information provided. Business Phone: 813-927 -4795 Email Add.....:ijdharrison@aol.com Place of Employment: Aston Care Systems How long have you lived In Collier County? /S.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: Productivity Committee Category: (if applicable) No information provided. e Do you currently hold public office? No .../16/2005 Page 2 of2 Agenda Item No. 90 June 28,2005 Page 47 of 51 e Do you now serve, or have you served on a Collier County board or committee? No \. Please list your community activities: No information provided. Education: AA Glendale College UCLA BS Management Madison University Harvard Graduate School of Business "Strategic Management Kepner Tregoe Management Institute Experience I Background: 30 years as a senior manager with large organizations.. Currently I am the President/COO of Aston Care Systems. ... Named #1 Senior Living Organization in America last year. We build, develop and manage Senior LifeStyle Communities across Florida (One in Naples). We employ over 850 team members and prdouce gross revenues of over 70 Million a Year and are a growing organization. e /' I - 5/16/2005 Page 1 of2 Agenda Item No. 90 June 28, 2005 Page 48 of 51 -'fIlson_. em: advlsoryboardsOçolliergov.net Sent: Friday. May 13. 2005 1:26 PM To: filson_s Subject: New On-line Advisory Board Application Submitted. ~ Board of County Commissioners 3301 East Tamieml Trail Naples, FL 34112 Tel: (239) 774-3802 Fax: (239) 774-3802 Ct~I'..1 . " , '. .r . . ... . . . '1 ~... '4'~ ¡' May 13, 2005 Application for Advisory Committees I Boards Name: William A Robinson Home Phone: 239-263-6954 Home Address: 788 Park Shore Dr F21 .~ City: Naples Zip Code: 34103 Fax Number: 239-263-0791 Business Phone: 239-293-5239 Emall Address:Wannco@aol.com Place of Employment: Retired-Consultant How long have you lived In Collier County? 3-4 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: Productivity Category: (if applicable) No information provided. e Do you currently hold public office? No ,,/13/2005 Page 2 of2 Agenda Item No. 90 June 28,2005 Page 49 of 51 - Do you now serve, or have you served on a Collier County board or committee? No \. Ple.e list your community actlvltl.s: Chairman-Precious Cargo Academy Board_Child Care- NUCC Member and Committee Chair-tmmokalee Child Care Center Member and Committee Chair Child Care SW Flordia Secretary-Tress. Sigma Chi Alumni Member Christain EducationCommittee-Naples United Church of Christ Member-Phase III Buiding Committee-NUCC Past Chairman-Strategic planning Committee Hidden Lake Viles Condo Assoc. Park Shore Block Captain Education: BS in Business Adm.-Washington Univ.(St.Louis) Graduate Studies in Financial Mgnt-Univ of VA Extension Credits in Transport and logistics-Univ of MD and North Texas State univ. - experience I Background: Vice President of Procurement-Great A&P Tea Company Director of Marketing for Private Brands-Kroger Company Group Vice President-Twin County Grocers-NJ Group Vice President-USF processors-Dallas Tx-Reverse logsitics Group VP Harris Teeter-Strategic Merchandising- Charlotte NC Vice President Operations-Processors Unlimited Company-Dallas Tx President Warmo tnc.- Consulting and Marketing ''Eyes of the CEO" www.Warmco-lnc.com / e 5/13/2005 Page 1 of2 Agenda Item No. 90 June 28, 2005 Page 50 of 51 ~Ison_s 4Im: advlsoryboards@coIRergov.net Sent: Thursday, April 21 ,200510:16 AM To: filson_s - Subject: New On-line Advisory Board Application Submitted. ~~,,~ Board of County Commissioners 3301 E8st T.........i TraU Naples, FL 34112 Tel: (238) 774-3602 Fax: (231) 774-3802 f(tþl'l .. . - . I .' ~ .. . ~, . . .¡ .~.. - "...., ~ / April 21, 2005 Application for Advisory Committees I Boards Name: Danielle L. Smith, CPA Home Phone: 239-353-5932 Home Address: 2335 Wilson Blvd North -4 City: Naples Zip Code: 34120 Fax Number: 239-353-5932 Business Phone: 239-571-7784 Email Address:DSMITH31@swfla.rr.com Place of Employment: self employed CPA How long have you lived in Collier County? 3-4 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: ~l11m;ttee- Category: (if applicable) No information provided. e Do you currently hold public office? No .,2112005 Page 2 of2 Agenda Item No. 90 June 28, 2005 Page 51 of 51 - Do you now serve, or have you served on a Collier County board or committee? No Please list your community activities: Treasurer and founding member of Florida Outdoor Alliance, Inc. Chaiman for past several years of Frinds of NRA Charity Auction Former foster parent Officer with Florida Jaycees Education: as in Accounting, University of South Florida Additional 5th year of education for requirements to become a CPA at St Leo College - Experience I Background: I have lived in Southwest Flroida since 1965, I grew up in Fort Myers and have seen all the changes that Southwest Florida has gone through in the past 4 decades. I am familiar with the issues related to growth and planning. As a hunter, I am very familiar with outdoor issues. My professional background includes experience in public accounting (taxes, auditing, consultation & litigation support), in managing people, and in managing companies. I am extremely familiar with auditing processes within local government and have had experience in performing audits for local governmental agencies. I am also extremely familiar with bugeting. Should a position come available that you feel would utilize my talents, please contact me. e 4/21/2005 EXECUTIVESU~Y Agenda Item No. 9E June 28, 2005 Page 1 of 14 ,- APPOINTMENT OF MEMBER(S) TO THE OCHOPEE FIRE CONTROL DISTRICT ADVISORY COMMITTEE OBJECTIVE: To appoint 1 member to fu1fiU the remainder of a vacant tenn, expiring on December 31, 2006 to the Ochopee Fire Control District Advisory Committee. CONSIDERATIONS: The Ochopee Fire Control District Advisory Committee has 1 vacancy with the tenn expiring on December 31, 2006, representing the Copeland area. This 5 member committee advises the Board on the budget and operation of the Ochopee Fire Control District. Members must reside within the taxing district. Terms are 2 years. A list of the current membership is included in the backup. Ms. Jane Bee, representing Copeland did not request reappointment when her tem expired on December 31,2004. A press release was issued and resumes were received from the following 3 interested citizens: APPLICANT CATEGORY DIST ELECTOR AnV. COMM. Joseoh L. Dillon Port of the Island 5 Yes None Ro2eI' Ducoffre Port of the Island 5 No None Mitchell A. Roberts Copeland 5 Yes None COMMITTEE RECOMMENDATION: Mitchell A. Roberts - tenn expiring on 12/31/06 --. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confinning the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: JUNE 28, 2005 ,"-.' . -,......"....",'-"..~.."--,.--. Item Number Item Summary Meeting Date Agenda Item No. 9E June 28, 2005 Page 2 of 14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 9E Appointment of member to the Ochopee Fire Control District Advisory Committee. 6/28/2005900:00 AM Prepared By Date Sue Filson Board of County Commìssíoners Executive Manager to the BCC 6/10/20059:46:49 AM BCC Office Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 6/21/200510:03 AM Jun 21 05 09:34a p.l Agenda Item No. 9E June 28, 2005 Page 3 of 14 (i) Memorandum To: Sue FIlson FIVm: David Loving. a.innan Ochopee Fire COntrol Di*IcI Advtsory &o.nI Date: Jtnt 20. 2005 Ref: Mitchell Roberts ADDulliIb...nt to the OFCD .AdoMory Bon MJ. F'iIsoa, ID the repIar meetiIIg ordae Odaopee MYiIery ...... held Juae %0, 2_ Mr. MitdaeI RobaU bu beea l'KO.meaded ror appeillblellt to Ole Oåopee Pift Cen1roI District Advise.,. Board. I~ ¡nun Rtrol Diltritt Advilery Board Qchopee Fire Control DiIItrict n~_~-"""... C Agenda Item No. 9E June 28. 2005 Page 4 of 14 Ochopee Fire Control District Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member committee was created by Ord. No. 89--98 to advise the Board ~ County Commi88ioners on the opel1ltions and budget of the Ochopee Fire Control District. Members must reside within the boundaries of the Ochopee Area Fire Control Special Taxing District, 1 member from Everglades City (appointed by the Mayor), 1 member from Plantation Island, 1 member from Chokololkee, 1 member from Lee Cypres (Copeland) and 1 member from Ochopee. Tenns are 2 years. Ochopee Fire Control District - 695-4114 Amended by On:!. No. 89-98 FL STAT 125.01 StIlff: Chief Paul WHson, Ochopee Fire Department 895-4114 /- I Wednesday, December 15, 2004 Page2of2 n A '1"'1:'. A _..:\ 1 I: ..,1\1\1: ..----..----- MEMORANDUM Agenda Item No. 9E June 28, 2005 Page 5 of 14 DATE: April 1 5. 2005 Elections Office ~ Sue Filson, Executive Manager ¡ Board of County Commissione '- Voter Registration - Advisory Board Appointments TO: FROM: RE: The Board of County Conunissioners 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. OCHOPEE FIRE CONTROL DIST ADV COMM COMMISSION DISTRICT Mitchell A. Roberts P.O. Box 14 (350 Old Train Lane) Copeland, FL 3413 7-0014 :5 Thank you for your help. RECEIVED APR 1 9 2005 80M! ofCollnty c......~ MEMORANDUM Agenda Item No. 9E June 28, 2005 Page 6 of 14 DATE: April 15, 2005 TO: Chief Paul WIlson Ochopee Fire Control District ir Sue Filson, Executive Manager L Board of County Commissione FROM: RE: Ochopee Fire Control District Advisory Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a reswne for consideration. I have attached the resumes received for your review as follows: Mitchell A. Roberts P.O. Box 14 (350 Old Train Lane) Copeland, FL 3413 7-0014 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-ftame, and I will prepare an executive swmnary for the Board's consideration. Please categorize tbe appBcants in areas of expertise. If you have any questio~ please call me at 774-8097. Thank you for your attention to this matter. SF Attachments .,-.-.-.. · e e Board of County Commissioners 330) East Tamiami Trail Naples, FL34112 (239) 774-8097 Fal: (139) 774-3602 Agenda Item No. 9E June 28, 2005 Page 7 of 14 Application for Advisory CommitteeslBoards Name:-L!:J/Tt H lE l-L. /I .7<OB£RT5 Home PIIOIle: ;.. '31-;J.. 93 - 3 f ðO Home Addreal: RD. &;1 IJ./ ('35'0 c;¡.¿. D ~AIN LANE) ,z¡pCode: 34'3'7 -C)(:')/'f Fa No. /V/ It BulÌness Phone: ¡t)/14 e-mail addresl:_ Place of Employeement: IE: v€.RGl-I'7D£5 C Iì 'I Sc Hô6L- Board or Committee Applied for: ðCHOP£G FiRE Cð.¡U7RoL. VISTJ<!:lcr Cateaory (if applicable): Ex_pie: Com........ DIItrkt. DtveIotwr. ftWwl-.llot, ., penoa, t'k. How long h.,·e you lived in Collier County: Yean /5" Are you a registered voter in CoWer County: Yes >< . Months - No Do you curre1ltly bold public omce'! Yes If 10, wbat Is that oftIœ? No X Have you ever been convicted of any offense against tbe Law! Yes [f yes, elplain: Do you now !ern, or "ve you eftr IeI'Wd, OD . Collier COIIItty board or coauaittIee1 Yes [fyes, pIeue list the COIIUIIltteesIboards: x X No No PIeue lilt yoar community anlvtdes (dvk d1lbs, IIdpborllood utOCiatiolll, etc. and positiou lteld: Education: 8. B..A. ¡?1IfR f'.ET I N G / ()lJr¡). of NofTn'" He 1<' /1) 1'1 , B/a? PIMu -.:It "'Ð' ".uiIimud bif-llli<mYØIII_,...,...". rü~" ."tndilIHJtIrwœúd ID S... Jo1lwM. ~ M-.. '" dw 8-.1 øfC.... C___tJ_, JJØl E.I r--.ï TNiI, N.-, JoT.14l IZ. Jf~...... ""fø,-,.,!f ....-œ (1J'}17-1-J682 Dr""'¡¡ ID '1I.r1b""(i.ç,,f/.ieJ:Z!l..M!> TIt_ _/ø~ ~ ID .."r:tAr: dIiuM qfCøIIiø r.-".. Jan 19 05 10:22a Agenda Item No. r!Ë" 2 June 28, 2005 Page 8 of 14 January 12, 2005 Sue Filson, Executive Manager Board of County Commissioners 3301 Tamiami Trail East Naples, Fl. 34112 David Loving, CluUrman Ochopee Fire Control District Advisory Board Member P.O. Box 619 . Everglades City, Fl. 34139 Dear Ms. Filson, Please be advised that at the regular Ochopcc Firè Control District Advisory Board Meeting of January 11, 2005 it was recommended by our Board to reopen the application process to try and secure an Advisory Board Member ftom the Ocbopee/Copeland area per the County, Ordinance. Both of the current applicants are from Port of the Islands; which Jnliann~ Ballard presently represents and we feel the Board would be better served 'th a member ftom the OchopeelCopeland area. ~ ..-. MEMORANDUM Agenda Item No. 9E June 28, 2005 Page 9 of 14 DATE: December 13, 2004 Elections Office ~ Sue Filson, Executive Manager . Board of County Commissio TO: FROM: RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one ofthe county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the conunission district in which each applicant resides. OCHOPEE FIRE CONTROL DISTRICT ADV COMM COMMISSION DISTRICT ~--- 7~S Joseph L. Dillon 129 Wilderness Cay Naples, FL 34114 IfG lft).(. ~~ .'\ '-I ,['Cf' \1- ) (1'\!)\ Roger Ducoffi'e \9'1 \tJ \9 (!' f)' 108 Newport Cay ~li\ Ó,l'p.to t Naples, FL 34114 \ ~P' 16\ ¡VD s Thank you for your help. RECEIVED . :.; j 4 2004 ~oðro)f COllntv CommiSSioner_ ~ Agenda Item No. 9E June 28, 2005 Page 10 of 14 January 12,2005 Sue Filson, Executive Manager Board of County Commissioners 3301 Tamiami Trail East Naples, Fl. 34112 David Loving, Chairman Ochopee Fire Control District Advisory Board Member P.O. Box 619 Everglades City, Fl. 34139 Dear Ms. Filson, Please be advised that at the regular Ochopee Fire Control District Advisory Board Meeting of January 11, 2005 it was recommended by our Board to reopen the application process to try and secure an Advisory Board Member from the Ochopee/CopeJand area per the County Ordinance. Both of the current applicants are :fÌ'om Port of the Islands, which Julianne Ballard presently represents and we feel the Board would be better served . a member :fÌ'om the OchopeelCopeJand area. ~ David Loving, Ochopee Fire Control District Advisory Board MEMORANDUM Agenda Item No. 9E June 28,2005 Page 11 of 14 \.. DATE: December 13, 2004 TO: Chief Paul Wùson Ochopee Fire Control District~ \ Sue Filson, Executive Manager Board of County Commissio FROM: RE: Ochopee Fire Control District Advisory Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as fullows: Joseph L. Dillon 129 Wilderness Cay Naples, FL 34114 Roger Duco:ffie 108 Newport Cay Naples, FL 34114 Please let me know, in writing, the recommendation fur appointment of the advisory committee within the 41 day time-ftame, and I will prepare an executive smnmary for the Board's consideration. Please categorize the applicants in areas of expertise. I~ou have any questions, please call me at 774-8097. p Thank you for 'your attention to this matter. SF Attachments , 4Þ -4 - Agenda Item lib. ~E June 28, 2005 Page 12 of 14 1:1.0 01 04 081415. RECEIVED DEC 1 0 2004 c....c..qr...... ., C_flll..en 3M1 ... T........ Trail ...".., n. 3'112 (HI) "U8t'7 r.: ""1) "40M2 Board of County ComlfsSioners N_ aó~~tM C__D,LLðN __..2J?--øf2:-d8~b ___~__,)¡f'¡¡§S.T CflYu ,....,c_ .14/1'1- ruN... A/¿1 _~1Z-~J(ð"-:'5 é é ð73. WQ'») \ .J J¡þVIL~rii ~. "rK rt're/ÿfJ. L..· '6// .f'\J Qv \.. !' Æì -. .....,..----,,-- . {'¡~:øb,)¡{l.J~·~f · . .~......., A...........-_..~~ \J .1': \\ I'" . /. . Do,..cwnMI, ....p.....llleef Ves \(\ . .,~ .\~ It....... II.........., .. 1 ... r -. \r... . - . ,.. ... .."." or .... "" ............... _ . c.IÌw c_· v' If,............. ....~nIa: ... "....,...C aurd .r C........ A...... for: CtIMaon' (if .....): .....jIr. t' 1 f J ß -.....; lit 11 r r.........· How .... lIIve ,...1ImI1a e...... C_a - - ,..........~.~.....J.I r«.."./f1f4".... 7» -t1. £r~ 1ItatM..~.,_....... ....................,,.. ",....", c...o-- ~.f_....~~~n. 411.J. r_...JIfIIt~""rlli ..{WJ 7r404tG ...........oJ""'__~~ ,....,..,.. ~ ... __...... ~c.IIIr~ . to :æ~d \[JTlIG Et6tZ:Þ96EZ; EÞ:60 Þ00z:/89/z:t Agen0.a Item No. 9E June 28, 2005 Page 130f14 e filson_s From: advisoryboardsOcolliergov.net Sent: Tuesday, December 07,2004 2:20 PM To: filson_s Subject: New On-Dne Advisory Board Application Subnitted. \ ~ Board of County Commissioners 3301 East Tamiami TraH Naples, FL 34112 Tel: (239) 774-3602 Fax: (231) 774-3802 «.t~ 'I..1 ¡",..¡, ~I . .' . . ::; .~ '" f J.. ~ "/ December 07, 2004 Application for Advisory Committees I Boards Name: Roger ducoffre Home Phone: 239-642-8045 Home Address: 108 Newport Cay e City: Naples Zip Code: 34114 Fax Number: 239-642-8045 Business Phone: No information provided. Email Address:jrpocoloco@earthlink.net Place of Employment: Retired 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? No Board I Committee Applied for: Ochopee Fire Control District Category: (if applicable) No information provided. e Do you currently hold public office? No 12n /2004 Agenda Item No. 9E June 28,2005 Page 14 of 14 e Do you now serve, or have you served on a Collier County board or committee? No Please list your community activities: No information provided. Education: B. S. -Engineering Experience I Background: Owned and operated 15M business -- e 1217/2004 .- RESOLUTION NO. 2005-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY DECLARING A PUBLIC PURPOSE FOR THE SOLICITATION OF DONATIONS AND THE RECEIPT OF DONATIONS TO CONSTRUCT A FREEDOM MEMORIAL FOR COLLIER COUNTY IN ACCORDANCE WITH THE ACTION OF THE BOARD OF COUNTY COMMISSIONERS AT ITS REGULARLY SCHEDULED APRIL 26, 2005 MEETING. Agenda Item No. 9F June 28, 2005 Page 1 of2 WHEREAS, the Board of County Commissioners of Collier County approved the design and construction of a Freedom Memorial to honor America's servicemen and also those law enforcement officers, firefighters, emergency medical personnel, and civilians who perished during the September 11,2001 attacks on the World Trade Center, the Pentagon, United Airlines Flight Nos. 175 and 93 and American Airlines Flight Nos. 77 and 11, and to acknowledge the survivors of these horrific tetTorist attacks, apd to pay homage to all Americans who have sacrificed for the defense of our nation, for peace and for freedom; and WHEREAS, the Board authorized the payment of the cost of the design and site plan of the Freedom Memorial to be made ITom County funds; and WHEREAS, the Board further approved obtaining private donations for the actual construction of the Freedom Memorial to be placed on County grounds approximately between the Courthouse and adjacent to the cUlTent Building B, otherwise known as the Human Resources Building. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FWRIDA, that the Board hereby declares that there is a public purpose both as to the solicitation of donations ITom the citizens of Collier County for the construction of the Freedom Memorial and the receipt of such donations. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 28th day of June, 2005. ~ A ITEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DEPUfY CLERK By: FRED W. COYLE, CHA1RMAN Approved as to fonn and legal sufficiency: Michael W. Pettit Chief Assistant County Attorney 04-COY -0000214 ,- Item Number Item Summary Meeting Date Agenda Item No. 9F June 28, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 9F A resolution of the Board of County Commissioners of Collier County declaring a public purpose for the solicitation of donations and the receipt of donations to construct a Freedom Memorial for Collier County in accordance with the action of the Board of County Commissioners at its regularly scheduled April 26, 2005 meeting. (Commissioner Coyle) 6/28/20059:00:00 AM Prepared By Date Paula Springs Board of County Commissioners Executive Aide to the BCC 6/21/2005 11: 27:44 AM Approved By BCC Office Sue Filson Board of County Commissioners Executive Manager to the BCC Date BCC Office 6/21/200511 :29 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 6/21/2005 1 :50 PM EXECUTIVESU~Y Agenda Item No.1 OA June 28, 2005 Page 1 of 11 - Recommendation to approve Johnson Engineering, Inc. as a quaDfied firm and award a contract under ITQ 04-3583 "CEI Services for Collier Coun~ Road Projects" for Project No. 60018 "Immokalee Road Project from Collier Blvd. to 43 Ave. N.E." in the amount of $1,089,810.74. OBJECTIVE: To continue professional Construction Engineering and Inspection (CEI) Services from a highly qualified finn for the Immokalee Road Project from Collier Blvd. to 43rd Ave. N.E. in a cost effective manner. CONSIDERATIONS: Johnson Engineering has been providing CEI services under a work order issued under Contract 00-3184 Fixed Term CEI Services for County road projects. On September 24, 2002, the Board of County Commissioners approved an Executive Summary for the first portion of the project with certain Milestones. Since that date, due to a change in the work from a four lane to six lane project, those existing Milestones are no longer relevant. It became apparent to the Transportation and Purchasing Departments that a new contract was needed. The original work order for CEI Services only covered a portion of the anticipated costs. Two additional change orders would be required due to budget constraints, thereby extending the contract to construction completion in 2008. This fixed term contract has since expired. The contract was originally secured under an old work order process that is no longer utilized by the County and it would not be appropriate to extend the original work order to cover the required CEI Services. Johnson Engineering has been pre-qualified and selected under ITQ #04-3583 CEI Services for County Road Projects and is eligible to provide CEI Services for the - County. It is in the County's best interest to maintain Johnson Engineering as the CEI for this project. Staff has successfully completed negotiations with Johnson Engineering, Inc. in the amount of$I,089,81O.74 for these services. A new contract with Johnson Engineering should be formalized using the new form of standardized personal service contract as approved by the Board of County Commissioners on February 22, 2005. FISCAL IMPACT: Funds in the amount of $999,845.92 are available in Transportation Supported Gas Tax Fund and Road Impact Fee Fund for the road portion in fiscal year 2005. Funds in the amount of $30,000 are available from the Sewer Impact Fee Fund and $59,964.82 from the Water Impact Fee Fund in Fiscal Year 2005. Source of funds are Gas Taxes, Road Impact Fees, Water Impact Fees, and Sewer Impact Fees. Transportation will come back to the board in Fiscal Year 2006 for the remaining CEI services in the estimated amount of $1,166,670. These funds will be requested from the 2006 budget. GROWTH MANAGEMENT IMPACT: This Capital Improvement Element (CEI #60018) is consistent with the Transportation Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve Johnson Engineering, Inc. for the continuation of services for this project and authorize the Chairman to sign the standard County Attorney approved contract. Prepared by: Lynn R. Thorpe, P.E. ~ Attachment: 1) Man Hours: 2) Schedule of Fees: 3) Compensation: 4) Fee Rate 111m Numbl' Itlm Summlry Millin; Dltl Agenda Item No 10A June 26, 2005 Page 2 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS lOA Recomrnenda110n to approve Johnson Engineering, Inc. IU a qualified firm and ilward a contract under ITO 04~35e:: ~CE¡ Sel\fiCC6 tor Collier County Road ProJec1&" for Project No. 60018 ~¡mmokalee Road Project from Collier Blvd. 10 43rd Ave, N.E.~ in 1he amount of $1,335.600.91. (NDrman Feder, Administrator, TransponalÎcn Services) 6/26/20059 0000 AM Lyr," R. Thorpe, P .E. 5(20/200510:55:01 AM Prepared By Tmnsportion S¡r,rv1U1j. D3t1ft Priru:ipal Projtmt ManIJge" Transportation EngineerinD and Construction E\lgene Calvnt't DatI!' Appro.ed By Tranaport.ationa Selilic.elô Prlncipßf ProjeGt Manager Trar....portuHon EnginoCtrin!llll'ld Cons¡tt\lc:t~ofl MOnOS ftrtUlllt 6115/20062:12 PM Dat. Appro.ed By NQon E. Feder, AICP Tron"por1ion Service5 Tran&portlltlon Division Adminir;¡trator Tr~nlportation SlItrvíc., Admin, 6116/2DO& 3:"2 PM Dat. Appro.ed By Stttve Canwll Administrative SlIrvlce.s Purl:h¡.øj tfil/Gntwntl SVC$ Oir~tc:tar PUrChiJ1i1ng 6116/20068:06 AM Dm. Appro.ed By u'"a Tllliyl(1I Tranapol1ion Services. Mllnagem41ntlBuduu1 Anlill'!!!t Tr.llns.portatlon Admini.ttation 6116/20058:41 AM Dilte Approved By Sharon Newm.." Tnmsportìol1 S.N C:CI'~ Accaunhng Superlt Isot Tran$pø.rtMion AdnJÎníat'lItÎ(l1t 6116/200810:43 AM Dat. Approved By Pill Lehnn.nd Trönttporltltion ServìtJ." Executive Sec.retary Trllnø.porta ;jÞn Sll!rviCCI'8 Adlnïn 6116/20063:08 PM Date Approved By OMS Coordinator County Man.ge,',. Officer Administrative Aulstant Office of Management & Budget al,i/ZOOS 3:22 PM Dat. Approved By Kel50Y W;¡rd Adminlßtrative Setvices Sr.l'lior PlJrt:IHtllinn and Contnl<:t ~ A~ 'tfl1 Purc:hiols.in9 6117/20068:29 AM Date Approved By Harry Hub.r Publiç UWit!lI!L Senior Project Man.ger Puhllc: Utllltl(ts EO Jjou(u1nIJ 6/20110063:14 PM Date Approved By Suaan U.her County M.."ag4lr's Offit:tt Senior Management/Budget AnlllYGt Office at Man'_nelnent &. Blldgt1t 6120/20054:52 PM Qat~ Approved By Michael Smykowskl County MMnal3l!r's. Offi(:fI Management & Budget Direc.tor OfficI! of MRtlagC'lnen' & Budgllt 612012006 5:16 PM County Mot"ø".r Onte Approved By Jamns V. Mudd Board of County Commisslol}&fII, County M..n"I~ u'A Offic:t. 61221200512:50 PM Agend a Item No. 10A June 28, 2005 Page 3 of 11 SCHEDULE OF FEES FOR BASIC SERVICES Task 1. Manaeement En£dneerine Services $394.336.40 · Construction coordination · Complete record keeping of all activities and events. · Document all significant changes to the project. · Contract, plan, and specification interpretation. · Dispute resolution solutions (contract and the public). · Maintain required level of surveillance of contractors' activities. · Prepare and document monthly pay requests. · Overtime allocation Task 2. Inspector Services: Roadwav 5594.331.52 · Maintenance of traffic inspection services · Erosion, sedimentation and pollution control inspection services · Drainage, Roadway and Bridge inspection services · Signalization and lighting inspection services · Signing and pavement marking plan conformance inspection services · Overtime allocation Task 3. Inspector Services: Utility $89.964.82 · Maintenance of traffic inspection services · Erosion, sedimentation and pollution control inspection services · Utility Installation Water and Sewer · Utility Inspection personnel provided per C.C.P.U.E. requirements · Overtime allocation Task 4. Survey Services $ 11.178.00 · Bench Mark verification · Cross-section verification · Spot check contractor layout as needed *Total for Tasks 1 through 3 $1.089.810.74 Agenda Item No. 10A June 28, 2005 Page 4 of 11 * Due to the nature of a large construction project, while the total dollar amount might remain the same, there may be some fluctuation in the task allocations of funds. Agenda Item No. 10A June 28, 2005 Page 5 of 11 Compensation to Consultant Immokalee Road 6 lane ITEM TASK Man- Amount Hours 1 4,600 $394,336.40 2 10,928 $594,331.52 3 1,449 $89,964.82 4 120 $11,178.00 17,097.00 $1,089,810.74 «I!?~ oo~ ~o_ ,N 0 o -<::J Z~<I> EQ)01 <!Jcl'O '::=:JD.. rn' "0 C <I> 0'> « n J ..J i Ili!~n! III ¡ :111 I Iõ I- : I~ II .I ~ , II :: II 1;1 11I!1·~;;iOU 8 )!'=oo ;t.. ; ~ U! I ! U J I I ,...11... ! Ii !!..!Ii Ii Ii Ii Ii Ii 8 Ii 1\ !!Ii 1\ !!Ii I!0!!;; , , !!!I1i!!1i Ii '!!!!;;!Ii.1i · 'U;;!;; '!!Ii! Ii 'U;;!!- . '!!!I;;!! .Ii AO....~ It ° 1'10 Ii øo..:¡;;¡ 11° .Ii , I 'U¡¡'Ii! ! '.Ii'Ii· U UIi!!;;!!1i , !!!!;;!! ¡¡ , '1!!1i!!1i!!1i II ! '!I;;!Ii!! , "0 1'10.]; 11° ;; "0 I; ::¡ , R R 11°!! ØO...¡j lt0.1; :; II ¥II!!;;. I;!- Ii II · 'UIi ;;!! Ii I I~ " "!!!;; ;;!!I; I II II !!!! N ;;!!Ii II II II !!Ii. 1i.1; II II :;; II 9:;....;;!;; II 11°!;;.;; I I Ii U II !IN!!;;!!1i II 11° Ii!!;; ! 111 I , II !!N.Ii!!1; II O!!;;!!;; i t·~ III p. I II !!;;!!;;'Ii II RO!!;;11i I t= i ! '.!lIi!! !!;; II S O!!I;II~ Ii I !II '.!!;;!!·11i Ii "0';; f II~~ i: '.II;;!! _Ii!! , ao.~ J J ~ '!!!!;;!!;;!!Ii!! 11°!!/; &r: · '!!!!¡¡!!Ii ..!! Ii R Ii I 11:1 I U Ii!! Ii!!¡¡!! Ii O!!;;; ! ~~ 1- ." ... WI II ::~. J I J I 111 i H I n I I ~. ..... ·_"'...··w_,·""~_ VENDOR New Solutions Ltd Sprint Office Cleaning Accent Business Mach. Ardaman REIMBURSIBLES COST ESTIMATE ITEM Offlce Rent and Electrio 4 Unea Janitorial Copier Geo Techlncal Months 24 24 24 24 a& needed by invoice Blllng to be by Vender Invoice each month Monthly Coat $3,200.00 $320.00 $0.00 $500.00 $4,853.331month Onetime Cœf: Agenda Item No. 10A June 28, 2005 Page 7 of 11 Cœf: $ $ $ $ $ 76,800.00 7,680.00 12,000.00 20,000.00 Estimate Total: S 118A8Q.GO Schedule A-I Collier County Proposed Fee Schedule "CEI Services for Collier County Road Projects Professional Hourlv Fee Principal $144.00/hr Sr. Project Engineer $113.51/hr Project EngineerlProject Manager $96.69/hr Office Engineer $ 80.93/hr Senior Inspector $ 70.42/hr Inspector II $ 64.00/hr Inspector $ 53.60/hr Environmental Inspector $91 .44/hr Surveyor -PLS $96.69/hr Survey Crew $118.76/hr Survey Technician $ 64.00/hr Project Secretary $ 48.35/hr Agenda Item No.1 OA June 28, 2005 Page 8 of 11 May I, 2005 Agenda Item No. 10A June 28, 2005 7/1 j(ß3ge 9 of 11 CURRENT MILESTONES EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS Immokalee Road - Collier Boulevard to 43rd Avenue Phasing Plan Milestone 1 - Begin on the Notice to Proceed. Est. of $12 million 1) Clear and grub from Wilson Blvd. to east end of the Project. 2) Provide fill, where necessary, along the proposed FPL route for early relocation of overhead lines. 3) Begin road construction at 43rd Avenue and continue to Wilson Blvd. Complete all roadwork, including signals and lighting, except for the thennoplastic. 4) Milestone 1 shall be substantially completed in 548 days and final completed in 578 days. If the Contractor fails to complete this phase of work within the time period, the Owner shall be entitled to assess, as liquidated damages, but not as a penalty, five thousand two-hundred forty and 78/100 dollars ($5,240.78) for each calendar day thereafter until substantial completion achieved or one thousand seven hundred sixteen and 93/100 dollars ($1,716.93) until final completion is obtained. 5) This Milestone shall be Final completed in 578 days ofthe Notice to Proceed. Milestone 2 - Begin in 60 days from the Notice to Proceed. 1) Clear and grub from Wilson Boulevard to Collier Boulevard. 2) Provide fill, where necessary, along the proposed FPL route for early relocation of overhead lines. 3) Construct all independent culvert crossings, including the wildlife crossing. 4) Complete this milestone in 150 days of the Notice to Proceed. If the Contractor fails to complete this phase of work within the time period, the owner shall be entitled to assess, as liquidated damages, but not as a penalty, one thousand two hundred eighty-eight and 88/100 ($1,288.88) for each calendar day thereafter until completed. Milestone 3 - Begin in 548 days ofthe Notice to Proceed. Est. $10 million I) Begin road construction at Wilson Blvd. and continue to Rivers Road. Complete all roadwork, except thermoplastic. 2) Milestone 3 shall be substantially completed in 1004 days of the Notice to Proceed and final in 1034 days. If the Contractor fails to complete this phase of work within the time period, the Owner shall be entitled to assess, as liquidated damages, but not as a penalty, five thousand two-hundred forty and 78/100 dollars ($5,240.78) for each calendar day thereafter until completion of substantial is achieved or one thousand seven hundred sixteen and 93/100 dollars ($1,716.93) until final completion is obtained. 3) This Milestone shall be Final completed in 1034 days from the Notice to Proceed. Agenda Item No.1 OA June 28,2005 711)M;¡e 10 of 11 TR-CA-I-l Milestone 4 - Begin in 1004 days of the Notice to Proceed. 1) Complete road construction Project to Collier Blvd., except for thermoplastic. 2) Project shall be substantially completed in 1460 days of the Notice to Proceed and final completed in 1490 days. If the Contractor fails this milestone within the time period, the Owner shall be entitled to assess, as liquidated damages, but not as a penalty, five thousand two-hundred forty and 78/100 dollars ($5,240.78) for each calendar day thereafter until completion of substantial is achieved or one thousand seven hundred sixteen and 93/100 dollars ($1,716.93) until final completion is obtained. Liquidated damages for the Milestones are independent of each other. TR-CA-I-2 Agenda Item No.1 OA June 28, 2005 Page 11 of 11 MILESTONES Proposed 1) Milestone 1 - Work complete - three lane construction, eastbound lanes, from approximately Rivers Road to just south of Randall Blvd. 2A) Milestone 2A -Completion date, 8/05 - three-lane constructions, westbound lanes, from 43rd Ave. N.E. to Wilson Blvd. 2B) Milestone 2B - Completion date 3/06 - three lane construction, eastbound lanes, from 43rd Ave. N.E. to just south of Randall Blvd. All lanes from Wilson to 43rd. Ave. NE complete. 3) Milestone 3 - Completion date 8/06 - three-lane construction, eastbound lanes, from approximately Rivers Road to Collier Blvd. 4) Milestone 4 - Completion date 3/07 - three-lane construction, westbound lanes, from Wilson Blvd. to approximately Rivers Road. 5) Milestone 5 - Completion date 4/08 - three-lane construction, westbound lanes, from approximately Rivers Road to Collier Blvd. Total project is complete Agenda Item No. 108 June 28, 2005 Page 1 of 17 ,.- EXECUTIVE SUMMARY ReeommeadatioD to approve the Major Trauit DevelopmeDt Plaa Update, FY %006-1010. OBJECfIVE: To approve the Major Transit Development Plan (TOP) Update (2006- 201 0). CONSIDERATION: In order to receive annual Block Grant Funds, each transit agency must conduct an annual update of the Transit Development Plan (TDP). This year's update requires a report on progress made on the Goa1s and Objectives, updates to these Goals and Objectives, and as-year est1rnøeð budget. The 5- year plan is attached and the total 10- year plan is contained within the full Transit Development Plan document and will also be presented during the BCC meeting. The purpose of the TDP is to ensure that the provision of public transportation service is consistent with the travel needs and mobility goals of the local communities that are served by the transit system. By establishing a strategic focus and mission for transit services, the TDP can serve as a guide in the future development of the transit system that will meet the needs of the community that it serves. ~ This update identifies the progress of the goals and objectives for Collier Area Transit (CA 1) as established by staff and members of the TDP Review Committee for this TDP Major Update, provides revisions to these goals and objectives as well as implementation strategies for achieving the stated goals, outlines recommended actions derived directly ftom these implementation strategies, and also provides a funding element for public transportation services in Collier County. ____________ ____ Collier County Transit Development~-rtan ~~201 O( __ ___ budget recommendations and FY. 06 represents $14007.870Mð'~Of"INft~tbe~Board---Df_ County Commissioners agreed to fund $5.4 Million for the Operations Facilityrfransfer Station. FISCAL IMP ACf: The Update to the Transportation Development Plan includes an estimAted budget for five years. Total budget for FY 06 is estimated at $3,542,700 which includes, among other sources, Federal Transit Administration (FTA) 5307 Grants funds in the amount of $842,700, and Florida Department of Transportation State Block Grant funds in the amount of $360,000. Farebox revenues for FY 2006 are esntnAted at $357,000. The balance of $1,983,000 is budgeted in Gas TaxlLocal Fund 313. The graphic shown on page 14 represents unfunded recommendations. GROWTH MANAGEMENT IMPACT: Consistent with Objective 12 of the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Board approve the Transit Development Plan (TDP) ~ Agenda Item No.1 DB June 28, 2005 Page 2 of 17 Major Update for FY 2006-2010. Prepared by: Lisa Hendrickson, Senior Planner, Alternative Transportation Modes Attachment: Transit Development Plan (TDP) Major Update: 2006-2010 - Agenda Item No. 10B June 28, 2005 Page 3 of 1'1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Muting Doll 108 This l1em 10 be heard at 11:30 a,m. Recommendotion to apprQvI!I1he Major Transit Development Pisn Update, FY 2006·201 O. (Norman Feder, ,~dm niatrltor, TranspDrtation Services) 6/28/20059:00.00 r-NI Item Number 110m Summory Approv.d By Diane B. Flagg Director of Ahm..tíve Tr8naportlltíon Modes ATM Director Dute fron.portion S.rvic:.e!i AICMOmlv. Tran.portøtion Mod.~ 6/14/200& 3:" PM App......d By ChaFIn Bamlby Prlnc:.pul Pla""er D..., Transportation SaNte.. Transport.tíon Planning 6/18/200& 4:10 PM Appro..d By Sh aron Nttwm..n Accounting Superv..or C.te Tr.nspo1t1on 5«lrvil:4!S Tf8nSlpcu1111uon Adlnifl¡JitmtiDn 8/18/20054:&4 PM Appro..d By PIIt lehnhllrd EltflcLltlve Secretary Date Transportatjon Servic:.lt$ Tnmspotu.tlon 8ervice5 Admin 6/16/20055:18 PM Appro..d By Nonn E. Fodor, AICP Tranaportütil>n Division Ad,ninlJt.trntor D~.ttt Tmo'lôportíon SttnlicfI.. TransportatiDn Services Adrnin, 8/17/20057:21 AM Approved By OMB Coordinlltor Adminiatrative Anl¡taM D; t~ County Manager's Office Office of Management & Budget &1171200512:21 PM Appro.ed By Mìdllutl SrnykQwaki MouQ{Jemllll\1 & Budget Dlt.ctor Dllt." County M.nager'~ Offíce Office of Manaø~n.nt & Budget 8m/2oo5 9:10 AM Approved By James V. Mudd County Manager D.t~ B(lu,d Df County C(lmnl~5,,¡onftrS County Manager'.. Office "22/2005 2;U PM Agenda Item No. 10B June 28, 2005 Page 4 of 17 COLLIER COUNTY TRANSIT DEVELOPMENT PLAN (TDP) MAJOR UPDATE: 2006 - 2010 The Transit Development Plan (fDP) is a required element for all public transportation providers in the State of Florida. All transit providers that receive public transportation funding support from the State are required to complete the TDP each year. Several elements are required in the TDP and all contribute toward identifying the community's need for transit services. The initiation of CAT, as well as any future expansion of the current public transit system is fundamentally based on the goals, objectives and policies established in the 2025 Long Range Transportation Plan developed by Collier County's Metropolitan Planning Organization (MPO). Through the Long Range Transportation Plan, the MPO has indicated that public transit services will help contribute to the overall future mobility in Collier County. DEMOGRAPHIC OVERVIEW Collier County, located on Florida's west coast, occupies a land area of 2,026 square miles, making it the largest county in Florida. The county consists of three incorporated areas: Naples, Everglades City, and Marco Island. In 1950, the number of residents in Collier County was 6,488. By 1980, that number had grown to 85,000, and in 2000, the population was 251,377. In 2002, the population in Collier County was estimated to be 277,457. This growth has labeled Collier County as one of the fastest developing areas in the nation. In the 2000 Census, over 48 percent of all households in Collier County had an annual household income over $50,000. This is much higher than the number of households within the State of Florida earning over $50,000 of 37 percent. Collier County is unique in that there is quite a large population of households with a high household income as compared to the rest of State, however, there also exists a sizeable group of households earning less than $25,000 per year (22 percent). It is likely this group of households who have a greater propensity toward utilizing public transportation. Because of the tremendous growth Collier County has experienced in the past twenty years, many of the roadways in the area are overcrowded. The County has continued to work to expand the existing roadway infrastructure to meet the ever growing needs of the future populations. However, transit service can work towards alleviating 1 Agenda Item No. 108 June 28, 2005 Page 5 of 17 overcrowding on the roads, and the success of CAT operations may be attributable to the current deficiencies seen on many of the Collier County roads. COLLIER AREA TRANSIT (CAT) SYSTEM OVERVIEW In February 2001, CAT began operating fixed-route service for Collier County. CAT is a function of the Collier County Transportation Division, Alternative Modes Department, and is governed by the Collier County Board of County Commissioners. CAT provides public transit services to the urbanized portions of Collier County by operating fixed- route bus services and complementary paratransit services. Currently, the transit system consists of five fixed routes serving the local Naples area that operate Monday through Saturday from approximately 6:00 a.m. to 7:00 p.m. In addition, two tripper routes serve Immokalee with a.m. and p.m. peak period service to both Naples and Marco Island. There also is a local route serving Marco Island. CAT charges a base fare of $1.00, with reduced fare for seniors and children. INTERVIEWS, SURVEYS, AND OTHER PUBLIC INVOLVEMENT In addition to identifying the demograplúc and economic conditions in Collier County, an important aspect in the preparation of the TDP is to obtain the opinions and perceptions of local officials. Perc~ptions and opinions help measure the extent to which the transit service meets community goals, and provide input for consideration as the goals are updated. Several public officials in Collier County were interviewed during the TDP process. The sessions were designed to discover perceptions of CAT, discuss expectations and support of CAT, and to facilitate a beneficial discussion pertaining to how CAT can best serve the area. The majority of leaders agreed that the future of CAT includes more buses and more routes, and all of the officials had a positive perception of CAT. CAT fixed-route bus riders were surveyed as part of the TDP process as well. The purpose of surveying riders was to obtain data about rider demograplúcs, travel behavior, and satisfaction with CAT fixed-route bus service. CAT's service received very favorable ratings, with 82 percent of respondents rating overall service either "good" or "very good." The lowest ratings were received for "how early ¡late buses run on the weekdays and Saturdays" and '~frequency of service." This Agenda Item No.1 OB June 28, 2005 Page 6 of 17 is not uncommon and, in fact, could be viewed as positive, i.e., people want more service. A typical rider profile was developed from survey findings and appears below. CAT Typical Rider Profile - -- -- Age: Under 35 Raa/Ethnidty: Hispanic --- Annual Household Income: Less than $15,000 ---- .---.---. Frequency of Use: More than four (4) days a week ----- -- Reason for Riding: Don't drive/have no valid license --- -- ----- .. -..-------,.---.. Fare Type: Full fare (SUXJ) - --------- Access/Egress: Walk CAT bus operators and other staff were also surveyed as part of this TDP effort, and they provided their opinions on the improvements CAT passengers would most like to see, based on their interactions them, and other valuable information regarding route operations. In addition, public involvement was solicited during presentations to the Collier County Metropolitan Planning Organization (MPO) Technical Advisory Committee (T AC) and the Citizens Advisory Committee (CAC). Both groups expressed positive perceptions of CAT and a desire for additional service. PERFORMANCE EVALUATION The TDP document also includes a performance evaluation of CAT's fixed-route transit service. Findings from this evaluation show that CAT' s performance is strong into its fourth full year of operation. Ridership continues to grow at a rate significantly faster than the level of service (in terms of revenue miles), resulting in a continuing increase in productivity, in terms of passenger trips per revenue mile of service. Between Fiscal Years (FYs) 2003 and 2004, ridership on the CAT system increased 32 percent, while revenue miles increased 22 percent. Significant ridership increases are continuing in FY 2005. As of May 2005, with four months left in the fiscal year, ridership has surpassed 630,000 trips for the fiscal year beginning in October 2004, which is greater than the ridership for all twelve months of the previous fiscal year. 3 Agenda Item No.1 08 June 28, 2005 Page 7 of 17 CAT GOALS AND OBJECTIVES One of the most important steps in the preparation of a Transit Development Plan is the identification of goals and objectives for the transit system. The goals for CAT are the result of an approach designed to solicit input from a variety of community interests. Numerous interviews were conducted with key local officials as part of this TDP process, and input from County staff and the TDP Review Committee, which has oversight responsibilities for the development of this TDP, were also important in the development of these goals. The goals and objectives reflect the strategic focus of the TDP and are purposely designed to address the broad concepts of transit system operations that were identified during the goal-setting process. From the objectives listed under each goal, implementation strategies were developed to help in achieving each particular goal. The recommended actions in this TDP are derived directly from these objectives. Goal 1: Develop an effective public transportation system that safely and efficiently moves people within Collier County, and ultimately connects with the ùe County Transit System (læ Tran). Objective 1.1: Provide transit service that meets community demand and needs by modifying system routing; as practical, to provide coordinated transit and paratransit connections to Lee County. Objective 1.2: Optimize transit resources for both fixed-route and paratransit operations throughout the service area by maintaining and expanding service, where feasible, to major intermodal facilities, terminals, employment centers, parks, recreational areas, beaches, cultural facilities, and medical facilities. Objective 1.3: Improve the frequency of service. Objective 1.4: Expand the service area. 4 Agenda Item NO.1 08 June 28, 2005 Page 8 of 17 Goal 2: Provide a Transit System that is Financially Feasible by Securing Adequate Funding. Objective 2.1: Establish a cost-feasible transit system by securing long-term. dedicated funding sources. Goal 3: Coordinate the Transit System with the Planning Efforts of Affected Local Governments. Objective 3.1: Initiate planning to provide service in growth areas of the County, and integrate transit needs, including bus stop amenities, into the development review process. Objective 3.2: Encourage local governments to provide accessible sidewalks, bus stops, and other bus stop improvements. Objective 3.3: Coordinate transit planning and programming with MPO planning and programming efforts Goal 4: Constantly Seek to Improve Services that Provide Opportunities for Intennodal and Intramodal Transportation. Objective 4.1: Optimize transit resources by connecting service to major intermodal facilities and terminals. Objective 4.2: Provide amenities to encourage intramodal transportation GoalS: Provide Quality Passenger Amenities and Pursue Overall Transit Quality Improvements. Objective 5.1: Increase visibility of CAT through marketing efforts and community outreach. 5 Agenda Item No. 1 DB June 28. 2005 Page 9 of 17 Objective 5.2: Continue to improve customer information systems (including website) for schedule information. Objective 5.3: Continue to monitor technological advances in the transit industry, including alternative fuels Goal 6: Establish a Proactive Public Involvement Process. Objective 6.1: Continue to provide opportunities for the public to express views that relate to transit plans and improvements. Objective 6.2: Continue to provide information about transit issues to the general public, giving adequate notice of time and place for public meetings where transit matters will be considered. RECOMMENDATIONS After careful review of the goals and objectives established by CAT, as well as external factors such as demographic characteristics, development patterns, input received from interviews, surveys, and other public input, and other determinants of transit use, recommendations for CAT were developed. Recommended actions are derived from implementation strategies designed to meet the goals outlined for CAT in the TDP. The order in which the recommendations appear within each of the tluee timeframes below is not necessarily in priority order. Improvements to be Continued or Initiated Within 1 Year 1. Improve service frequency, initiate Sunday service, and expand service hours. According to the on-board survey, the tluee service characteristics that would be most helpful to the riders if CAT were to improve them were frequency of service, hours of service during the week, and hours of service on Saturday. In addition, survey respondents were asked how important it is for CAT to improve frequency, extend service hours, and operate service on Sundays. Frequency improvements and Sunday service were tied for the top response with 81 percent of respondents indicating that it is "very important" for CAT to achieve each. For hours of service, 78 percent indicated that it is "very important" for CAT to expand weekday hours - 6 ------- -.. - .-. Agenda Item No.1 OB June 28,2005 Page 10 of 17 of service, while 69 percent indicated that it is "very important" for CAT to expand Saturday hours of service. Given these strong survey responses, and similar sentiment gathered from the other tasks of this TDP, it is recommended that CAT implement these improvements as soon as funding allows. la) Improve the frequency of service on the Green Routes (4A and 4B), the Red Routes (lA and 1B), and the Yellow Route (by reversing it). This will increase the frequency on these routes from approximately 90 minutes to 45 minutes. The use of National Highway System (NHS) funds should be explored for defraying operating costs for frequency improvements along congested corridors such as u.s. 41. 1b) Operate Sunday service on all routes for approximately the same hours of service as current CAT weekday service (approximately 6:00 a.m. to 7:00 p.m.). CAT could consider starting service later on Sundays, perhaps 7:00 a.m. or 8:00 a.m. 1c) Expand service hours unti110:00 p.rn. on all current routes. Investigate the opportunity for a demonstration project to assess rider response and participation with evening service on selected routes. If funding is not available to extend service on all routes, priority could be given to Route 4, serving Edison College, and Route 1, serving the U.s.-41 corridor. CAT will also need to provide complementary paratransit services during these expanded service hours and will need to consider the financial implications of adding these types of service. 2. Continue capital replacement program. CAT currently has light-duty buses with a useful life of 10 years, and is moving to heavy-duty buses. Because of the extensive mileage accumulated on the light-duty vehicles, engines and transmissions will need to be replaced during this five-year TDP cycle. 3. Monitor effects of discontinuation of Greyhound seroiœs. CAT should monitor any steps taken by other entities in the County to mitigate the discontinuation of Greyhound intercity bus services. Whether CAT could capture the 5311F funds to provide intermodal connections with intercity bus services should be explored. 7 Agenda Item No.1 OB June 28, 2005 Page 11 of 17 4. Address changes to operating/capital funding mechanisms due to increased population reports from 2000 Census. Because the population service area is now over 200,000 persons, all Section 5307 funding must be programmed for capital expenses, and can no longer be used for funding the operating costs for CAT. 5. Pursue establishment of long-term dedicated funding sources for CAT. Collier County is currently exercising 12 of the 12 cents of allowable gas option taxes. CAT has worked with the County to allocate a portion of the local gas taxes for the transit system. Other funding sources can be sought through transit impact fees or increases in the local sales tax, which would need support from the citizens of Collier County. Regardless of the origin, dedicated funding sources will help ensure the continued fiscal health of the transit system, and will ensure the recommended actions in this TDP can be achieved. A variety of funding options are provided in the Appendix to the full TDP document. 6. Complete relocation efforts to house CA T operations and secure a permanent transfer facility. A permanent location for a CAT operations facility, as well as location for a transfer center, should be identified. Construction efforts should then be initiated. Operating costs are associated with the transfer center (staff, etc.) and are included in the financial tables at the end of this section, 7. Address bus shortage and capacity issues. Two additional buses are needed for maintenance reserve to maintain current levels of service. CAT should explore leasel purchase options to maintain current levels of service. It should be ensured that CAT has enough vehicles to implement Recommendation Number 1 above and to meet demand for its services. 8. Formaliu a public involvement process. A formal public involvement process should be implemented that mirrors the MPO's public involvement process. 9. Address t1l£ consolidation of fixed-route and para transit operations. CAT and Collier County are currently working toward this end. At this time, each mode is operated under a separate contract. The County is seeking one contract to cover the operation of both modes. 10. Become more involved in t1l£ local planning process. CAT should work with Collier County Transportation to identify and monitor Development of Regional Impact 8 Agenda Item No.1 OB June 28, 2005 Page 12 of 17 (DR!) studies and other developments to determine if transit could be supported or used to mitigate traffic impacts. 11. Secure representation on the MPO's Technical Advisory Committee (TAC). It should be requested that the Alternative Transportation Modes Director be appointed to the TAC. This will further establish public transit's role and consideration in the overall local transportation planning process. 12. Develop and incorporate a list of unfunded priority projects into the MPO's unfunded priority list. Similar to Recommendation Numbers 10 and 11 above, this will ensure that public transportation needs in the County are better acknowledged in the overall local planning process. 13. Continue to educate local officials and the community on the impact of transit service in Collier County. Because the transit services CAT offers are still relatively new, it is important to provide local officials insight on the many issues involved in operating a transit system. This includes educating them regarding the funding needs of the system, including the need for a dedicated long-term funding stream. 14. Continue to monitor and track perfvrrnanœ of individual routes. Data collected on the operations of each of the fixed routes is necessary to make informed decisions regarding route changes and route adjustments when necessary. 15. Continue the bus shelter program. The system must ensure that shelters and amenities are available throughout the service area, especially at highly utilized bus stops. Funding should be set aside to allow for additional shelters as demand for transit service increases. 16. Continue bus signage and bus bench program. It is important that each bus stop is identified by a sign signifying a stop, and should contain applicable route infor- mation as well. As bus signs and amenities such as benches are added, CAT should continue to update its bus stop inventory. 17. Continue marketing program with local area Þusiness and career centers to provide for bus schedules and information to be available for visitors and tourists. Local area hotels, restaurants, visitor centers and shopping malls all provide excellent opportunities for distributing information on CAT services. 9 Agenda Item No. 10B June 28,2005 Page 1 3 of 17 Improvements Initiated Within 1-2 Years 18. Investigate coordinating transit services with LeeTran. Regular meetings with LeeTran representatives should be ongoing to address intercounty transportation issues for Collier and Lee Counties. Issues for collaboration should include service between downtown centers, US-41 corridor service, possible connection of services, and an integrated fare policy. 19. Pursue the development of a Collier commuter assistance program. Such a program can facilitate the use of vanpools for the provision of additional transit services in Collier County, and can also playa major role in the coordination of services between Collier and Lee Counties. 20. Work with Collier County Parks and Recreation to coordinate park-and-ride facilities to provide access to Naples Beaches. CAT should work with the Parks and Recreation department of the County on the coordination of services to Naples Beaches. As a start, the financial element of this TDP includes the costs for a specific recommendation of providing beach access from Naples Park Elementary to the Vanderbilt Beach area, linking to the CAT bus system. 21. Provide park-and-ride service to Golden Gate Estates. Demand has been identified for service from Golden Gate Estates into Naples that can be met with park-and-ride service. An FOOT Service Development grant can possibly be used to provide this service. 22. Provide additional service to Immokalee, expanding on the single AM and PM trips. Due to heavy demand, it is recommended that CAT provide an additional daily trip on the Marco Express. In addition, four additional trips are recommended for the Blue Route. No additional capital requirements are necessary for the implementation of this recommendation. 23. Work with local employers and tlU! WorkfOrce Development Board to provide incentives for transit use. CAT should work with local businesses to coordinate events that encourage transit usage. Many options exist, especially with business catering to tourists, and special events that bring large numbers of people to the area. Opportunities also exist to work with large local employers (hospitals, colleges, 10 Agenda Item No.1 OB June 28, 2005 Page 14 of 17 schools, career centers, shopping malls) to provide service to their employees in need of transportation. Improvements Initiated Within 3-5 Years 24. Investigate possibility of generating additional funding with advertisement program (inside buses, on route schedules, etc). Revenues from advertising can be relatively predictable and can help fund improvements to the transit system. It is recommended that CAT revisit the feasibility of an advertising program in the later years of this TDP cycle. 25. Continue to improve the frequency of CAT service. CAT should closely m01Útor the frequency improvements made in Recommendation Numbers 1 and 22 and determine whether additional improvements are warranted on those or other routes. The possibility of using National Highway System (NHS) funds to improve frequency on corridors such as U.S. 41 and S. R. 82 should be explored. 26. Evaluate the n£ed for an Automated Vehicle Location (A VL) system on CAT's flut. As the CAT system continues to expand and mature, available technologies, such as A VL systems, should be monitored and evaluated for potential use by CAT. A VL technology can improve overall system performance by ensuring on-time performance, enhancing safety, and the providing real-time vehicle information. 27. Monitor advancements in alternative fuel technology. CAT, along with Collier County, should monitor the progress and use of alternative fuels in the transit industry. When evaluating the potential for the use of any alternative fuels in CAT's fleet, infrastructure needs in regard to such technology must be addressed. SUMMARY OF ACTION Since its inception of service in 2001, the demand for CAT service has been steadily growing. In that sense, service has been a huge success, with steadily growing ridership and service improvements being implemented as needs arise. CAT has implemented changes in routes as well as the addition of new service to meet the needs of the residents of Collier County. The future for CAT is bright, and while many challenges 11 Agenda Item NO.1 OB June 28. 2005 Page 15 of 17 remain, public transit exists as a viable option in helping solve the transportation problems for the residents of Collier County. A required element of the TDP is a financial plan outlining the next five years for CAT. Funding tables from the final Chapter of the full TDP document contain financial details regarding the future of CAT. A synopsis of the financial plan is presented herein with two tables outlining the estimated costs of the funded and unfunded recommendations, along with their implementation over the next five years. - 12 (()L{)I'- 00..- ..-0_ ,N 0 o -CD Z~..- EQ)Q) Q)eOJ :::::J6: ('J' -0 e Q) OJ -< Ii I~ ;~ ;;;;;;;~;~~~ ;; ! ~~~~~~fff ff ff I 1111I lii!!!~ ; ~. E1¡;¡~¡::! ~ ~~ ~ ~ i~!i!!§ ¡i Ii ... ~ ~ i ¡ i ~ ~ ~ ij E ~ ' ~ I ! I f 2.e ~ I!§ ... ~!'5 ! fi r .1 ðJ'5~ ~ Iii! i~ ~ 0 1~1iS~ ... 'i'6~ ¡ liJ~ J Ii ~ ~ if !5: 'B 'I f ~ I im 8 ~'ii i ] ¡m I JJ ;to! ! ¡.iii 'tS i~ f S ~,a.c. , iliJ Ii I ~~i~i . Ii I pm -;; I ~!~ I!' ~! ~~~~~~~f~!!~ ~~ ; I f I f mam i J I I I .. ) I I ~ nw I J J Ii I I ~~ !t I~f a I !~ ~ I~ !I~! I ~~ I~ !!~ Ii I ~I ~ I !~~ f Ii ~!! f ~ I J!I 111;1!~f!t¡~ ~ ~~~~~ia § i~ ! I !~ ~!~!~¡e~~f~1 ~i I hliiU! j Iii § ! I !! i~!~j!!f~~~~ ~~ I ¡mimii~ i is ¡ ! flfff~~!!aff ff I !¡ 1lllli!lilll !~ I m II I m¡ ãlã~illlllll ~ I:! ~ It! i ¡; Agenda Item No.1 OB June 28, 2005 Page 17 of 17 ¡..; is .a- I i I iiî , l!- iI 'þ1I fil æi! I I . It I I :lœ I j I Agenda Item No.1 OC June 28. 2005 Page 1 of 32 .~~ EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve multiple road corridor alignment concepts in the North Belle Meade area for long range planning purposes, and also approve multiple corridors to be used in the short term as truck haul routes. OBJECTIVE: That the Board of County Commissioners, for the purpose of addressing both the long term and short term transportation needs in the North Belle Meade area, and fulfilling the requirements of the Rural Fringe Amendments to the Collier County Growth Management Plan, approve the corridor alignment concepts listed below. .- Lonr¡ Term Corridors: 1. Green Boulevard/16th Avenue SW Corridor, from Collier Boulevard to Everglades Boulevard 2. Wilson Boulevard Extension to the south, connecting with Tobias Street and continuing to an eastern extension of Landfill Road 3. Landfill Road Extension to the east, connecting with Wilson Boulevard Extension 4. Improvements to Kean Avenue and extend Kean Avenue east to Wilson Boulevard Extension 5. New connection between Kean Avenue and Landfill Road, via improvements to existing roads (such as Smith Road or Garland Road) or a new alignment 6. Bridge on 23rd Street SW between White Boulevard and Golden Gate Boulevard Short Term Haul Routes: 1. Improvements to Kean A venue and connect to Landfill Road, via improvements to existing roads (such as Smith Road or Garland Road) or a new alignment 2. Reserve right of way for the eastern half of the Green Boulevard/16th Avenue SW Corridor, from the vicinity of Tobias Street to Everglades Boulevard, and further evaluate potential use as a haul route to service growth in northeastern Collier County 3. Continued use of 5th Street SW, at historic truck volumes CONSIDERATIONS: The North Belle Meade Overlay was adopted by the Board of County Commissioners on June 19, 2002, as part of the Rural Fringe Plan Amendments of the Collier County Growth Management Plan. One of the many requirements of the Rural Fringe Amendments was to evaluate new road connections in the North Belle Meade area. Specific language from the Plan states, "the roadway's alignment shall be determined with public input and taking into consideration the following, at a minimum: 1. Usefulness as a route for truck traffic generated from any earth mining operations in North Belle Meade; 2. Usefulness as a link in the County's major roadway network; 3. Avoidance ofresidential neighborhoods, to the extent feasible and prudent; - Agenda Item NO.1 DC June 28, 2005 Page 2 of 32 4. Avoidance of environmentally sensitive wildlife habitat, wildlife corridors, or greenways, to the extent feasible and prudent; 5. The costs of construction, including any related design, permitting, and mitigation costs; and 6. The costs of acquiring necessary right-of-way." To meet these requirements, the Wilson Boulevard Extension Corridor Study began in late 2003. The study is funded by the East Naples Land Company, and has been conducted by consulting firms Hole Montes and Wilson Miller. The consultants have coordinated with and reported to the Collier County Transportation Planning Department throughout the study's duration. Per frequent review of Transportation Planning staff, the study's scope of services, public involvement plan, and technical analyses have been consistent with corridor studies conducted by Collier County. At the beginning of the study, the limits of the study area were defined as Golden Gate Boulevard to the north, Interstate 75 to the south, Wilson Boulevard to the east, and Collier Boulevard to the west. Later during the process, the extension of some corridor alternatives eastward outside the study limits was also included in the analysis. New corridors and improved road segments evaluated as part of the study include: Wilson Boulevard Extension, Tobias Street, 13th Street SW, 23rd Street SW, Green Boulevardl16th Avenue SW, Brantley Boulevard/Kean Avenue, Landfill Road, Markley A venue, Inez Road, Smith Road, and Garland Road. The traffic impacts of new interchanges at Interstate 75/Wilson Boulevard and Interstate 75/Everglades Boulevard were also evaluated. Public input has been sought throughout the study process. As part of the study's outreach, presentations were given and meetings were held with the Golden Gate Estates Area Civic Association, District 5 Civic Advisory Group, and Naples Alligator Alley Civic Association. The key component of the outreach effort was two public workshops, which attracted the largest attendance and greatest amount of input. The first public workshop was held on September 29, 2004 at the Golden Gate Community Center. Nine alternatives (eight build alternatives and the "no-build" alternative) were on display at the first workshop. There was no clear support for any particular alternative, but the most frequent comment submitted was "no bridge on Wilson", indicating opposition to a southern extension of Wilson Boulevard. Another frequent comment, submitted by numerous members of the Golden Gate Estates Area Civic Association, called for a new alignment extending the proposed Green Boulevard/16th A venue SW alignment farther east to Everglades Boulevard. Two additional alternatives were then developed as a result ofthe input from the first workshop. After more detailed analysis (Phase II of the study), an alternative consisting of multiple corridors was developed. These multiple corridors were broken into two potential timeframes for implementation, 2005-2015 and 20I5-beyond. This multiple corridors alternative was the focus of the second public workshop, held on April 13, 2005 at the Golden Gate Community Center. In addition to regular workshop notification measures, direct mail notice was sent to over 800 property owners who could potentially be affected "........, Agenda Item No.1 DC June 28, 2005 Page 3 of 32 by these corridor alignments. Feedback was significantly different at the second workshop, with the prevailing sentiment being opposition to the 16th Avenue SW corridor, and support for the southern extension of Wilson Boulevard. There were also numerous comments supporting the need for improvements to the local road network in the North Belle Meade area. Utilizing feedback from the workshops, further technical analysis, and input from Collier County Transportation staff, the consultants have produced a final corridor study report and recommendations. During the week of June 13, 2005, each Commissioner received a copy of the final report, and it was also posted on the Collier County Transportation Planning Department website. The Collier County Transportation Division concurs with the report's findings and recommendations, particularly for the Potential Future Corridors (both 2005-2015 and 2015-Beyond). It would be beneficial to the county's transportation network if these corridor concepts were included in the 2030 Long Range Transportation Plan and future Transportation 5 Year Work Programs. It should also be noted that these long range corridors as shown do not necessarily represent the exact future road alignments. Specific alignments would be determined at a later date, as the corridors progress from conceptual to a design phase or further alignment study. An example of this is the Green Boulevard/16th Avenue SW corridor, for which Transportation Division staff has already investigated using a new alignment south of the existing 16th Avenue SW, rather than widening the existing road as proposed in the study. (See attached document) The study's final report also recommends "immediate action improvements" to serve as a haul route for the forthcoming earth mining expansion into Sections 21 and 28. The Transportation Division agrees that a connection from Kean Avenue to Landfill Road could be established, along with other options, to serve this purpose. However, the Transportation Division is not certain which of the roadways, (Garland Road, Inez Road, Smith Road, or some combination shown on the attached graphic as "recommended immediate action improvements") is the specific alignment that should be pursued. The Transportation Division would be willing to work with residents and property owners in Sections 30 and 31 to determine a preferred alignment, and coordinate with Florida Rock Industries, Inc. in their efforts to build such a haul route in the near term. Florida Rock Industries, Jnc has also expressed interest in using White Boulevard to 23rd Street SW to Kean Avenue as a route for its empty trucks returning back to the mine. If so, we would require Florida Rock to contribute towards safety upgrades and bridge improvements on White Boulevard. The Transportation Division would also like to see another corridor pursued as a "recommended immediate action improvement" to serve haul route needs - the eastern half of the Green Boulevard/16th Avenue SW corridor. This corridor is fÌ"om the vicinity of Tobias Street (at the southeast comer of the existing mining operation) east to Everglades Boulevard, and is shown on the attached graphic as a Potential Future Corridor Beyond 2015. It is the Transportation Division's belief that much of the future rock and fill from the mining operation's expansion will be needed for future road projects and private development in the eastern portion of Collier County, and also in .- Agenda Item NO.1 OC June 28,2005 Page 4 of 32 eastern Lee County and Hendry County. The Tobias Street to Everglades Boulevard corridor would provide an additional route in an opposite direction, spreading out the truck traffic. It would allow for a more direct route to this coming demand to the east and provide much needed relief to Collier Boulevard and Golden Gate Boulevard. However, the East Naples Land Company has indicated that there is currently little demand to the northeast for their rock and fill, and have expressed doubts that such a demand for rock and fill to the northeast will materialize in the future. They have cited data from the current AP AC mining operation that currently 90% of their trucks head west on Golden Gate Boulevard and only 10% head east. In order to get a more definitive answer for this issue, the Transportation Division proposes that the East Naples Land Company conduct a study that will explore this issue of future mining needs/demands to the northeast and also evaluate alignments for the eastern half of the Green Boulevard/16th Avenue SW corridor. Such a study would have substantial input from the environmental community, as well as the Frangipani neighborhood. The study's main purpose would be to determine whether or not the right of way we are proposing be immediately reserved by the East Naples Land Company be secured and utilized for a haul route and/or long term public road corridor. ............ As indicated in a recent letter from Mr. Bruce Anderson, (see attachment) Florida Rock Industries, Inc. has committed to construct a private haul road by June 19, 2007, without any public funds, to serve future earth mining and related operations in the North Belle Meade area, in connection with issuance of an excavation permit for said mining. To complete the guidelines and process set forth, the North Belle Meade Overlay (NBMO) of the Growth Management Plan (GMP), the Collier County Transportation Division recommends that the Board of County Commissioners does not adopt funding and an accelerated construction schedule for one of the long range corridors identified in the study. Rather, we recommend that Florida Rock Industries, Inc. and the East Naples Land Company pursue multiple haul routes in the short term with the coordination of the Collier County Transportation Division. FISCAL IMP ACT: There is no fiscal impact at this time. The "recommended immediate action improvements" or haul routes would be funded by the mine operator/developer. There would be future fiscal impacts if the "potential future corridors" move forward and progress to the design, right of way acquisition, and construction stages, although cost sharing would be pursued as part of those projects. GROWTH MANAGEMENT IMPACT: Many of these transportation alternatives were developed specifically to comply with the Growth Management Plan. The use of the eastern portion of the Green Boulevard/16th Avenue SW corridor as a public road would have to be developed in a manner to support conservation and land development provisions before being added to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the "long term corridors" to be included in the Collier Metropolitan Planning Organization (MPO) Long Range Transportation Plan and future Collier County Transportation 5 Year Work - Agenda Item No. 10C June 28, 2005 Page 5 of 32 Programs, and approve the "short term haul routes" to be pursued by Florida Rock Industries, Inc. and the East Naples Land Company; including required improvements to White Boulevard, and further study and right of way reservations for the eastern portion ofthe Green Boulevard/16th Avenue SW corridor. Prepared by: Joseph Quinty, Principal Planner, Transportation Planning. Attachments: 1) Aerial map showing study's final recommended alternative; 2) Transcript of conclusion of June 19, 2002 Board of County Commissioners Growth Management Plan Amendments Meeting; 3) Letter from Mr. Bruce Anderson dated May 6,2005; 4) Aerial map showing alternate 16th Ave SW alignment .-~ Agenda Ilem NO.1 OC JlIne 28. 2005 Page 6 of 32 COLLIER COUNTY BOARD Of COUNTY COMMISSIONERS Item Number Item Summary 10C This tem 10 be heard It 5:00 p.rn and wllllJe the 18S1 item heard em thiø day. (Tuesday, June 28. 2005) Recommendatlof' that the Board of County COmml5SJOners approve multiple read corridor alignment concepts in the North Bene Meaee area for long range plannmg purpose!. and also approve multiple c.orridDrs to be used in the shon term as truck tlauf rOfJtes. (Norman Feder, Administrator. Transportation Services) Meeting Date 612812005 9 0000 AM Approved By Donald L. Scott Transportation Phmoing Dir.ctor Date, Tmn.porHon Servic~1 1'r~nlloþDrtatjOt1 þlannïng 61141%0053:57 PM Approved By Nick Casul¡mguidn Pruiect Manager Datu Transpart.ttion Services Transport.tlol. Plunnìn9 5115120058:48 AM Approved By Nonn E. Feder, AICÞ Tnm"portation Di...i .ion A<tmínislr..tor Date Transportíon Servicea Trenr;portation Services Admin, 6117120057:%3 AM Approved By P..t Lelmk..td EXeClltiVf! $~I~rlllt.nry Cutr. Transportation Services TFluu.portatjon S.rvic... Admin "17120051 :34 PM Approved By OMS Coordinator Adminis.trathr. A'5"~stAnt Dot. Comity Mmmilut'. OffiClr Of1Í1~t of ~hM.gMIO"t & Slud Jet GI%0i:lD0610:53 AM Approved By Michael SlYIykowski MBnagøment & Budget Director Dot. County ManaVvr's Office Office of Mønegemfl'l'tt 80 Budgttt 61%0120053:,(5 PM Approved By JafTIft$ V. Mudd County Mllnager Dutn Board of County ComITlìaalon.,¡. County Momui1ðr'so Of'tice 6121/20059:51 AM " co ~ CII ... C~ ... CD ãi :ã E c :ë E ¡ >< 0 ~ w ~ 4( It: .. .!! m:i o z+ '" ... o 1I'¡¡'IHr. .. ,¡ Jh~ ¡ ~ ht")·1 .. I' 'I If J H II '0 III to!' 111 "It I i 1',IH' 'd ~, lip S Q) ro '6 Q) I/) E- E ~ -E "CQ) Q) > I/) "Co Q) c:..... c: Q) a. ::¡ E E E ~ .§ 8,Q Ü Q)Ü Q) c:: <t CJ) il') ;; C';J "" 0 0 ~ U ë ( ) E ( ) > e Q. .ê 15 =a c: <0 c: g ëii '5 8" <t: >- <0 íÕ s: - il') ;; 0 ... N ~ 0 '0 0> C';J c: a:: "" 0 0 >- 0> 0 ( ) .§ ~ ~ .... 15 '5 0 t:r '0 '0 ( ) 'E 'C: ex: 0 15 >- u U <0 ~ !!! f!! '0 :;) :;) <0 '5 '5 0 ex: l.L. l.L. 0> ñi ]! ~ - ë c: U .J!! ( ) Jj 0 õ c.. c.. II I · · · íñ íñ ~ o N .;, o o ~ '" 0> "0 ~ '" :s :; u.. ~ ë: '" Õ Q. o N "0 c: o >- II> ~ II> 0> "0 ~ II> :s "5 u. ~ ë: E! o Q. 80 Agenda Item No.1 OC June 28, 2005 JunePf~ ~'Öð2 to resolve -- make him happy tonight, I should say, resolve his issues, but make him happy. But what we did do is remember I told you about the boundary amendment that we were proposing, which would take all property on -- on the boundary, and he's now in there. And we would be looking at his property, asking him to submit data within the next year and coming back to you with a recommendation. It may not be a recommendation that will warm his heart, but there would be a recommendation on it, and that was the best we could do under those circumstances. Finally, this one I really did enjoy. The person who said basically we left too much on the table with DCA. I -- I can assure you that we have been having lots of exciting discussions, including some pushing and shoving on that. And we've gotten a lot more than frankly we thought at the front end that we would be able to get with them. So I assure you that -- that there's nothing in hiding and we have been negotiating. Also, there seemed to be a feeling that you could just take action, present it to the agencies, and then we could negotiate from there. -'- Negotiation is over. This is the Final Adoption. Basically they will make a compliance determination. Now, if they find us not in compliance, we can run and say, we're sorry, we're sorry. Let's work out something, under those circumstances and -- and come up with an agreement that would not send us -- we would not challenge that if they sent us back to the Government and the Cabinet, but really the time for negotiation is over. At this point, they want to see what we're really going to do. And with that, are we close? Do we need to take a break? CHAIRMAN COLETTA: Yeah. A five-minute break. (Whereupon, a five-minute break was taken and the meeting continued as follows:) MS. LINNAN: There is one last issue that I would like Ms. Chumbler to address, and that was the issue of the roadway Golden Gate Estates concern about the truck traffic from AP AC. You raised it in the context of De Soto. We have slightly modified it after talking to the landowner. Page 31 __w·. _...·_~_T___..__..".._ --."--...-.. Agenda Item NO.1 OC June 28, 2005 Junlî~, ~ð2 I cannot say there is an agreement. I think we are awfully close and we would recommend that you adopt some language after that just so some of you that raised issues before don't think we have forgotten you. We have prepared a new addendum, also, in orange and blue, I noticed. The Staff is very fond of it. And I will go through and talk about what we have added and what we have subtracted. MS. CHUMBLER: Yeah. This last --last issue -- Marty Chumbler again for the record, relates to the EastlWest connection. There was some discussion last night about -- in connection with the North Belle Meade area, there being some provision for a EastlWest connection from Wilson Boulevard to someplace over to County Road 951. I think there was some discussion about whether that should be at Landfill Road or where that should be, and so this language is an attempt to -- to solve that problem. We have been in discussions all day and this reflects input from Norm Feders. It includes input from Mr. Anderson and his client. It includes input from Brad Cornell and Nancy Peyton. So I think we have kind of hit the range of people that are, at least, most concerned with this issue. What we've tried to do, and if you look at page 81 of your agenda package under transportation, there were a list of other transportatio~-type improve~ents in connection with North Bene Meade. This first page'would be a new asterisk paragraph on tharpage-under ,- transportation. And it's· the one-that··refers to-that new~astLWest·Gonnectioll-:- You can see there arc a number of criteria. 'Ine idea is that the theþublic, the mine operator, others that may be interested, including Mr. Feders, the Wildlife Federation, the Audobon. The Golden Gate Civic Association would work together to . try .to'---~- detennine an appropriate alignment for several alternative alignments for such a connection. There would be an attempt to do that within a one-year period~ In the meantime, the mining operation at North Belle Meade could proceed on a more -- on a restricted level. In other words, he would not beaÞI~Lto eXj2and into all the sections th.aL are listed here. He would only be able to expand into a portion of Section 21. At the end of two years, if the Board and the mining operator agree on an appropriate alignment and funding for that, and the Board agrees to an expedited construction schedule, and by the way, it was Mr. Feder's idea that Page 32 --.- Agenda Item NO.1 OC June 28,2005 Junè19: <2<ðð2 ...L.. we add in the expedited construction schedule, then the mining operator would be able to proceed with expanding his mining operations beyond Section 21 into the other sections that are mentioned, already mentioned here. If there is no such determination, at that point, the mining operator could at -- solely at his own expense, build a private haul road for mining operations aside for that bit had already begun on Section 21 would be a conditional use. So in a nutshell, that's -- that's kind of what we have agreed to here. As you can see, we have outlined some of the considerations that would be -- would be looked into. It would be assessed and some of the possible alignments that might be considered. CHAIRMAN COLETTA: Yes. A question. The amount of traffic that's going to exist on Golden Gate Boulevard and the roads out in the Estates, how will that compare with past years? MS. CHUMBLER: What we have included within here, if you look at the second page, there is a provision that during that period of time while we are looking at the alignments, that the traffic levels would not exceed average historical levels. So, in other words, they are not going to be able to put a whole lot of more truck traffic out there than they have in the past. It's going to be basically what it has been. CHAIRMAN COLETTA: And, Norm, Norm Feders, Director of Transportation is comfortable with this? Maybe he would like to make some comments on this. MS. CHUMBLER: Yes, sir, he was. And he said he would answer any questions you might have. CHAIRMAN COLETTA: I appreciate you working on this so hard, Mr. Feders. I know the eleventh hour is never a good time to try to lay a road. MR. FEDERS: Exactly. For the record, Norman Feder, Transportation Administrator. Mr. Chairman, what I will tell you, and as I've told the parties as we discussed it today, my -- my personal bias would be to look at the Golden Gate master plan to acknowledge that the discussion of any connection to the Landfill Road connection there at 951, where I have both landfill operations and therefore, competing truck movement as well as a proximity of Landfill on 951 to the interstate and to Davis in all the departments we have in that area. Page 33 -- ..~---,.._-_._._,. ._,.. "---.--'"-",...--..- Agenda Item No. 1 DC June 28, 2005 Jun~a~9: 121)m As well as the fact I've got a five-year work program that is fully exhausting available revenues to go after capacity expansion. I'm not sure exactly on some of these issues, but with the understanding that in the mining operations, the folks in the Golden Gate Estates are very concerned about additional truck traffic and what it might impose upon them. I tried to work with the language as has been relayed to you, I think, by making sure that if some level of continued operations in the area was allowed, that the average, and we put in there the average historical truck volumes don't increase while this is being studied. The other thing I tried to make clear here in the language, and hopefully it is clear in the language I wanted to put on the record, is my concern that as we look at alternate alignments -- in fact, originally, we didn't have any that would also serve a public purpose as well as a hauls purpose and, in fact, if we do come up with an alignment that does that, at that time, we look at the proportionate share of cars relative to the nature of the public purpose that that alignment provides. Lastly, as was noted, the operator wants the ability that if, in fact, government does not come through at that time, come up with an agreed on alignment, that they have the ability to build their own haul route to continue. And my only caveat there that I want on the record is, again, we would have to agree to that connection and how it connects and its impact on the overall roadway network. But obviously, we wouldn't be against that if they want to build their own haul road, if, in fact, this other effort doesn't succeed. CHAIRMAN COLETTA: Questions of Mr. Feder? Commissioner Henning. COMMISSIONER HENNING: Is this private haul road that we are referring to, is it going to be at County standards? MR. FEDER: I think at that point you would require like you require any driveway to meet that standard. So is the standard for a private roadway and -- and the nature of its operation in hauling trucks, so I don't think there is any requirement. In answer to your question, I would consider it to be yes. It doesn't have to meet arterial standards but it would have to be much like we would regulate any private street, that it function in a safe manner. Page 34 --' - ..._,~ -"....-, ....--- Agenda Item No. 10C June 28, 2005 Jun~a~9:~õ2 COMMISSIONER HENNING: Correct. So if there is going to be any public benefit, it must come up - MR. FEDER: Most definitely. The private haul road. You just asked me if they are going to do it on their own as long as we agree to where and its impact on the system. Obviously, the other part of that, for clarification on the record, if we are looking at an alignment, whatever that might be in the study and evaluate the public purpose, obviously it has to be something more than just 24 feet of asphalt laid out there. COMMISSIONER HENNING: Okay. COMMISSIONER COLETTA: Commissioner Feder(sic,) do you understand what I was looking to do -- I mean, excuse me, Mr. Feder. It's been a long day. I know it has been for you too, sir. MR. FEDER: I don't even want the opportunity to- CHAIRMAN COLETTA: Yeah, I understand. I -- I won't punish you by giving you that opportunity. MR, FEDER: I don't want to do that at all, sir. CHAIRMAN COLETTA: Now, of course, the objective of this whole thing, we got started and I appreciate the very -- the patience of everyone, including the person that is petitioning for these pits, was to be able to assure that we would be able to protect the integrity of Golden Gate Estates, plus, give the public a benefit of another entrance/exit to be able to use. And if we can do that, and I -- I -- I hope that we can hold to the schedule so that we can come up with a road that will benefit the public because it would be a tremendous asset. MR. FEDER: And that's what we have tried to do, basically put in language and hopefully have succeeded. CHAIRMAN COLETTA: All right. There's probably been about 60 hours spent today, man hours, crafting this and I know they have been working on it until the last minute. Is there any other questions of Mr. Feder, our transportation director? COMMISSIONER FIALA: Just one. CHAIRMAN COLETTA: Yes. Please, Commissioner Fiala. COMMISSIONER FIALA: You had mentioned that we don't want any excess trucks on the road that is already there, right? How do you -- how do Page 35 ---- ,.__._---,- Agenda Item No. 10C June 28, 2005 Jun~aî9~ 3fóõ2 you monitor that or control that? MR. FEDER: Basical1y as you would do anything else. When we have any mining operation, we have a provision. I think it probably would be important to establish what that figure is. The terminology of average historical truck volumes, that probably needs to be defined so that it can be monitored in some manner. You also have the option, if you are agreeing to this, about other issues, like time of operation, hours of operation. I'm sure I'm giving some people a whole bunch of anxiety here, but nonetheless, other things that you do in mining operations that you review and consider. So those are other things you could do to try and - CHAIRMAN COLETTA: For a point of reference, we are talking about mine operations will not be exceeding historical average on a four-lane highway that wasn't there in the past, in the past when they were doing this. COMMISSIONER FIALA: No. I was talking about a ready-built road. Their own road? My goodness, have at it. CHAIRMAN COLETTA: I know, but the public good is kind of limited with that. That's a fallback if we just can never get to the point where we are going to do it. Their own private road would mean that our access to it would be limited. MR. FEDER: That's correct, Commissioner. CHAIRMAN COLETTA: And so it would serve very little public benefit other than the fact that this operation would continue -- COMMISSIONER FIALA: Right. CHAIRMAN COLETTA: -- and you wouldn't have the traffic on the main roads. COMMISSIONER FIALA: Right. I was just talking about the main roads where in here it said, you know, the average traffic on the main roads. I wasn't talking about the roads -- MR. FEDER: In the interim operations. I think Commissioner Fiala is talking about the interim operations. COMMISSIONER FIALA: Right. MR. FEDER: We put the wording in that the traffic during that interim time while we are doing the study to evaluate if we can come up with a roadway that serves public purpose, and if not, we could come up with something they could accept as a private haul road. Page 36 ._j- _··0 .~~__.____ I 1 t Agenda Item NO.1 OC June 28, 2005 Jun~aî~~~~ During that time, we put in that there be no more than the average as you pointed out, Commissioner. The other thing I was saying was you may want to establish that number so you would have the ability to regulate it. And to the Commissioner's question, Commissioner Fiala, in any of those operations, we provide some caveats and then to Code Enforcement if we feel there is a violation, we can monitor it. CHAIRMAN COLETTA: And I'm sure that we -- we have a -- I'm sure some sort of license agreement where we charge by the truckload for what's carried out, and I'm sure they keep accurate records at APAC as to how many trucks leave on any given day with what kind of materials. So it wouldn't be too difficult for them to supply us those records and then we could come up with the -- the average historical average to be able to work with. Commissioner Henning. COMMISSIONER HENNING: Is this going to hamper our five-year work plan or ten-year work plan? MR. FEDER: What we've written in here is if we can come up with an alternate that is deemed to have public purpose, then proportionately we would have to find a funding source to do it. Obviously, in -- in bringing to the Board an alignment that has public purpose and value and proportionate share, we would have to discuss with the implications on how we can fund it and if it had some implications on the work program and such at that time. Not knowing the alignment, what the proportionate share might be, I -- I can't totally answer. But that is obviously something we need to be very attuned to at the time. It may turn out that we come up with something that has great public purpose that you decide even with existing resources, we make some shift or we find other resources in some manner. COMMISSIONER HENNING: Okay. I guess that -- that is a concern of mine. MR. FEDER: It's a concern of mine as well. CHAIRMAN COLETTA: And granted, we are not making that decision today. MR. FEDER: That's correct. CHAIRMAN COLETTA: Is there any other questions? Would anyone like to -- Mr. Anderson, did you have any loose ends? No comments? Page 37 -I -.,...-----.-- Agenda Item NO.1 DC June 28, 2005 Jun~aï9: 516fu MS. CHUMBLER: I think while Mr. Anderson is coming to the podium, if I can just mention there is a typographical error on the second page that I would note for you. We first looked at it and thought we had left out a whole sentence, but it's just the -- on the line that begins, accelerated construction schedule; you see that? CHAIRMAN COLETTA: No. Oh, yeah. Yeah, I see it. MS. CHUMBLER: Accelerated construction schedule established by the Board and the mining operator, not mining operation. COMMISSIONER COYLE: There is another one. MS. CHUMBLER: Okay. I would be pleased for you to point it out to me. COMMISSIONER COYLE: In -- in the middle of the paragraph, the one starting with boulevard - MS. CHUMBLER: The one -- okay. COMMISSIONER COYLE: Boulevard mining operations and, it should an, a-no MS. CHUMBLER: Okay. Yes, sir. Thank you. CHAIRMAN COLETTA: Mr. Anderson. MR. ANDERSON: My name is Bruce Anderson and I represent East Naples Land Company. Just a clarification. I -- I -- Commissioner Henning, in response to a question that you asked Mr. Feder about, you know, building the private haul road to County standards. That's not something that we have discussed at all. And I -- I can't really agree with that at this point in time. We might later, that we would construct a purely private haul road to very expensive County standards. COMMISSIONER HENNING: Do you think the better avenue to go on this is just to have a -- a public hearing for conditional use and we can hash that all out, you know, in the meantime when it comes to the public hearing we get public input. CHAIRMAN COLETTA: If I may comment. What we're asking of the petitioner at this point in time -- it's pretty extraordinary that they have come as far as they have. The private haul road we're talking about is the fallback position if we fail to act. I -I Page 38 . _..._--"--~- -- , i --I Agenda Item No. 10C June 28, 2005 J un~aî~ ~ '1ôò'2 I'm willing to think that we are going to be pretty reasonable about this, unless there's some -- the benefit just isn't there for us, at which case it would make no difference on the private haul road either. I -- I think that we have come up with a fair and equitable arrangement, and to try to beat this man and his client any farther than we have -- we started the day off yesterday with nothing more then the possible rights to be able to build it. And we were going to have to build it at our own expense, everything had to be in place and they were still going to be able to develop everything they wanted to do in there and end up on Golden Gate Boulevard, without question. Now we put severe limitations on the whole thing and we've got it down to a point that I feel comfortable with it. I think if we take it to the next step and we try to keep going with this forward, to the point where we are going to beat them up farther, we're going to find out that the whole thing is going to crumble around us. COMMISSIONER FIALA: I agree. MR. ANDERSON: And I'm not saying that we won't eventually do that. It's just -- it hasn't been discussed and I didn't clear it. But I can tell you that my client said to me tonight, to let you know that we are anxious and willing and ready to go to work with you to get this other road constructed, and the sooner the better. CHAIRMAN COLETTA: Commissioner Carter. COMMISSIONER CARTER: Tonight is a framework to get you where you want to be. You don't work out every little detail in this forum tonight. If you've got the commitment for the framework and all the stake holders are at the table, everybody has something to gain by being at the table. I see everybody at the table. I see everybody agreeing that this is a framework to get us over this hurdle. I think it's time to do it. The other details can be worked out at a later date. And this is how you build consensus, and with the commitment I just heard, a1l that rock that comes out of the quarries goes to build all our roads. Everybody has a reason to be at the table. So I suggest we work with what's positive and go forward. Page 39 --~. .- -. ~-- ___~h, ." __ .. Agenda Item No. 10C June 28, 2005 Jun~a~9~7iõð2 MS. CHUMBLER: Commissioner, I would -- I would just mention that even if we have to go to the fallback position of a private road, I remember one of the comments that first started all this was a comment from the Civic Association about the truck traffic through Golden Gate Estates. So it may not be the public benefit you are looking for, but there is some public benefit if nothing more than just getting the truck traffic out of that residence - CHAIRMAN COLETTA: Forgive me, but this goes way before the Golden Gate Civic Association. MS. CHUMBLER: I understand. CHAIRMAN COLETTA: This is something that I planned to do and wanted to do for a long time and we're doing it. MS. CHUMBLER: I understand. COMMISSIONER COYLE: There's no reason to vote against it. CHAIRMAN COLETTA: There we go. MS. LINN AN: Okay. I thought I would make it clear now what the Staff recommendation consists of. But let me first hand this to the court reporter, which is the document you have been reviewing. Okay. There is in front of you the Staff recommendation in your Adoption Book. It would be that Document as Modified by an Errata and Addenda to the BCC Rural Fringe Adoption GMP Amendments June 18th and 19th. The one you had yesterday only had 18 on it. And let me explain briefly what this document contains. The items which were not in the document yesterday -- and to do that, I need my cheat sheet from yesterday. Wrong cheat sheet. Here we go. Okay. It contains the language on affordable housing that Bob Mulhere read into the record yesterday that Commissioner Fiala was very concerned about. It contains the language on the land swaps with governmental agencies that Commissioner Henning had raised as an issue. Bill Lorenz noted in the language in the book that we had provided you in looking at it today, we had made a mistake in buffering and included language in there that did the opposite of what we were trying to do, so on this errata sheet, it takes out the bad language. It provides that language I told you, about looking at all properties on the boundaries of Sending Areas, contacting the owners, taking their Page 40 L ....'- -I Agenda Item No. 10C June 28, 2005 J un ~aî'9 ~ a.zõò2 information and making a recommendation back to you in one year. And it contained language that I put on the record last night, some additional language that needed to be done on the oil extraction related processing to make that a permitted use. I t does not contain, but we would recommend that it be added, the language which you just considered on the roadway. And it does not contain, but as I said, if you allow us to paraphrase the language on the travel-trailer R V issue as I paraphrased before, we would put that in formal language and add that to it. So a person that has an existing travel-trailer park in the Receiving Area acquires adjacent land also in the Receiving Area, may expand that use up to the size of that person's original park. And like I say, there is only one on that. And let just check and make sure there is nothing else. COMMISSIONER COYLE: The Section 24? MS. LINNAN: Oh, Section 24. Excuse me. And that would be the Neutral 70/70. COMMISSIONER CARTER: It becomes the Commissioner Coyle's 70/70. MS. LINNAN: Okay. I just want to check and make sure I've got everything. It does contain one other thing that I forgot to mention to you near and dear to Nancy Peyton and Jim Mudd, and that is the water and sewer language from last night. As you remember, Ms. Peyton indicated a concern about extending water and sewer lines and putting lift stations in conservation areas, NRP A'S, those kinds of things. What we have worked out is language that would make it a conditional use in a NRP A Sending Area, make it a conditional use in an non NRP A Sending Area, except where there are cleared rights of way already in existence. In that case there would be a permitted use in a non NRP A Sending Area. CHAIRMAN COLETTA: Commissioner- MS. LINNAN: Conservation area. Excuse me. CHAIRMAN COLETTA: Commissioner Henning had a question. COMMISSIONER HENNING: I was thinking about this last night. There are many kinds of -- there's different essential services and I think we Page 41 Agenda Item NO.1 OC June 28, 2005 Jun~aj~ ~ ~{h are losing -- possibly losing an opportunity here. The Fish and Game is going to be over a lot of these lands. The Southern Golden Gate Estates and so on and so forth. Just an as example, South Belle Meade, the state's going to have control of it. They are going to have to have -- I'm sure they are going to want a ranger station. You know, conditional use, that's not a problem. It takes 60 days to permit -- get a permit for a conditional use in Collier County. My concern, and the reason I raised this concern is there used to be a fire commissioner -- is if you have a drought condition come up and you need a water source, a drafting well is going to have to be a conditional use, still taking that 60 days to get through that. That land, that natural land could be all burnt up and all the animals and all the critters along with it, and I don't think that's really what we want to do. So what I would like to have, Ms. Peyton, is flexibility and understanding that as long as I'm a commissioner, that I'm not going to allow Mr. Mudd to put water/sewer lines into the areas that we can't avoid it. If we don't have flexibility, we are going to lose some opportunities here. CHAIRMAN COLETTA: Good point, Commissioner Henning. COMMISSIONER CARTER: I'm sorry, Commissioner Henning. What is it about the language that bothers you? I'm not sure I understand. COMMISSIONER HENNING: That conditional uses -- you know, Commissioner, I really didn't have time to read this. I -- I got this this evenIng. MS. LINNAN: Commissioner, I just raised an issue, maybe, perhaps to help you out. I just asked the Staff, what if you added except where it's essential to the public health, safety and welfare as an emergency situation, not just in the public health, safety and welfare, but essential to, which we would limit it to an emergency kind of situation, and Staff has advised me that language might be present now, so that's why they are checking. . . COMMISSIONER HENNING: Okay. MS. LINNAN: To just -- MR. MULHERE: Commissioner, there's a couple of -- we didn't go over these in great detail so it's understandable. There are actually a couple of provisions in the plan that go directly towards the issue that you are raising. Page 42 -I - ._--~.-~ Agenda Item NO.1 OC June 28, 2005 Jun~af~'1ðð2 One, we've agreed that with the essential services that aren't identi -- clearly identified as permitted uses, that within one year Collier County would review the essential uses currently allowed in the Land Development Code, and will define those uses intended to be conditionally permitted in Sending Lands and also permanent in Sending Lands through that process. So we've committed within a year to go in and look at all of those, come back and amend that. COMMISSIONER HENNING: Thank you. CHAIRMAN COLETTA: I just want to make sure, has Nancy Peyton and Brad Cornell been consulted on this? MS. LINNAN: I talked to both of them. I would have to have Ms. Peyton speak, but at least earlier this evening, she indicated, as that policy has been revised, she felt not terribly uncomfortable with it. MS. PEYTON: Nancy Peyton, Florida Wildlife Federation. As you recall, I'm the one that's been talking about this for an extended period of time. And the only clarification that I need, and I thought it was going to be in the language, that when it refers to already cleared portions of existing rights -'- or ways -- rights of way or easements, it's as of the adoption date. MS. LINN AN: We would read the language that way. We believe that is the proper way to read that language. CHAIRMAN COLETTA: Okay. MS. PEYTON: Okay. As long as it's on the record and that's clear, then fine with me. MS. LINN AN: And Commissioner, are you comfortable with that year review or would you like that essential language in there before then? That was my only remaining question. COMMISSIONER HENNING: That should catch it as long as - MS. LINN AN: Okay. COMMISSIONER CARTER: Commissioner, I think that's a good c1ause to have there to cover the issue you raised, sir. MS. LINNAN: Okay. We certainly don't have a problem recommending that that c1ause be added and we'll make sure that happens. CHAIRMAN COLETTA: I think it's an excel1ent idea. :- Page 43 .__,._," "'__".'·.·'m Agenda Item No.1 DC June 28, 2005 Jun~aî!>;~?i2 MS. LINNAN: So I think with that, you have the Staff recommendations before you. If you have any questions, obviously, we would be happy to answer or if you have any other issues. CHAIRMAN COLETTA: I think Commissioner Coyle has got a question. COMMISSIONER COYLE: Just a very brief question. I would like to understand the -- the -- I believe that Staff mentioned earlier there was some discussion yesterday about the possibility of increasing the -- the number of TDR density in certain areas. Have you had a chance to evaluate that and can you tell us what you think the overall impact of that would be? MR. MULHERE: I may defer to Stan. He actually talked directly with Dr. Nicholas, but I -- I don't think we've had the chance to fully evaluate and - - and that's why our recommendation is -- we understand. I think there is a desire on the Board's part from what I -- what I gleamed so far, to try to do this expeditiously as possible, and I certainly have heard that from several folks out here. Weare committed to doing that. Staff is committed to doing that. We would like to, I think, receive the appropriate expert assistance in trying to develop a plan that does adequately, but universally or globally address that issue as opposed to one section, or one five-section area. COMMISSIONER COYLE: And that evaluation, of course, would include some sort of an assessment as to what an increase in density would do with respect to the demand. MR. MULHERE: Correct. COMMISSIONER COYLE: Okay. All right. Thank you very much. CHAIRMAN COLETTA: Any other questions? Commissioner Fiala. COMMISSIONER FIALA: Did you say that you had the affordable housing component in here? MS. LINN AN: Yes, ma'am. COMMISSIONER FIALA: Could I just see it? MR. MULHERE: Sure. I got to find it. MS. LINNAN: While he is finding that, let me point out that there was one change to the errata sheet that I need to make, to really make good on our promise to look at all those boundary lands. Page 44 , .L I I -I Agenda Item No.1 DC June 28, 2005 Jun~af~~~~ MR. MULHERE: Yeah. Here it is. It's on page four. I'm sorry. Sometimes you can't find the forest for the trees. It's right in front of me. Middle of the page, Item C, under Rural Villages, the language in red, which is the language that I read to you or close to the language I read to you yesterday reads, within one year of the effective date of these Rural Fringe Amendments, the County will amend the Land Development Codes to establish the following: A definition of work force housing, because I think that we need to have that to know what would qualify, min -- and we don't have that currently. We know what affordable by statutory is but we don't have the definition of affordable work force housing, so we do need to do that. Minimum qualifications for the above referenced density bonus, because we do have a density bonus here if you provide for work force housing for affordable housing in a village. And then the third part is, in a minimum percent of the allowable density that shall meet the definition of work force affordable housing within a Rural Village. I think that was your comment. COMMISSIONER FIALA: Yes. That's alright. MR. MULHERE: And I apologize that we didn't bring that up. COMMISSIONER FIALA: That's okay. MS. LINNAN: And the language I needed to amend to make good on our promise to look at those Downward Properties is at the very bottom of page three. There is an amendment of the future land use element. At the very bottom under 8 a.) Remember last night we talked about limiting that adjustment to 40 acres. We decided that we don't need to limit that to 40 acres, so we would delete (a) and reletter those other conditions. If it's 50 acres or 80 acres, whatever is appropriate, we'll take a look at it. So we would -- we would propose and recommend that that language be deleted, the (a). COMMISSIONER CARTER: Just generally, before we make a motion, I would like to struggle through that with the help of legal counsel and this Board so that it's all inclusive. Page 45 --'--"',-~-"- .. ..._--_._-_._---~_._..__._--- Agenda Item No. 10C June 28,2005 Jun~a~~~16?i2 Now, before I make that motion, if it would be the pleasure of the Chair, are we still doing Attachment A or has that been modified through the errata, which I suspect it has, and how should I incorporate or not incorporate? MS. LINNAN: It would be the resolution -- Attachment A would consist of the language in the book as amended by the errata sheet that we have just explained on the record, and -- and the road language. COMMISSIONER CARTER: The language in the book and attached errata? MS. LINNAN: Right. Let me just check. COMMISSIONER HENNING: I just have one more question. COMMISSIONER CARTER: Yes, sir. MS. LINN AN: That's it. CHAIRMAN COLETTA: Of course. All the questions you want, Commissioner Henning. COMMISSIONER HENNING: Thank you. On stamped page 14 of the -- the adopted book, number nine, Staffs responsibility policy, 6.2.8 it's Supportive Wildlife Protection. Let me start -- I moved my finger. I'm sorry, just number nine. It's providing adequate staffing to implement the provision of Wetlands and wildlife protection policies. What -- is that -- have we identified what kind of staffing we are going to need? MS. LINNAN: I'm going to have to ask the natural resources director to respond to that. I'm not so sure there is any magic number. CHAIRMAN COLETTA: Did you want to hold your motion just for a little bit - COMMISSIONER CARTER: Oh, yes. CHAIRMAN COLETTA: --- Commissioner Carter? Thank you. MR. LORENZ: For the record, Bill Lorenz, Natural Resources Director. Not specifically all -- all of the requirements within your budget proposal for next year. There is an expanded position that's going to be within the environmental review section. We definitely know that we need to have at least that position for the next budget year to take us through the Land Development Regulations Code Development and the additional requirements. Page 46 -~... 1 )- Agenda Item No.1 OC June 28,2005 Junèaf~~~ð2 Within the next year, as we develop the Land Development Code Amendments, we'll have to identify -- we'll evaluate and identify additional staff that may be needed within next year's budget planning process. COMMISSIONER HENNING: But that's stil1 under the discretion of the Board to do that? MR. LORENZ: That's correct. We would still be presenting that to you through the budgetary - COMMISSIONER HENNING: And do we need a full-time staff to implement this policy? Is this more government? MR. LORENZ: Absolutely. I would -- it -- to say that we would not need additional staff to implement some of these policies in terms of the review that we're -- we're looking at for the Wildlife Policies, some of the Wetland Policies in the Rural Fringe, I think you are looking at some additional bodies. You're not looking at a half a dozen, but for next year's budget, we are looking for at least one, and then we'll have to make another evaluation as we go through -- through another fiscal year. MR. SCHMITT: Commissioner Henning. For the record, Joe Schmitt, Administrator for Community Development Environment Services. Tomorrow we are going to talk about the budget. I'll be talking in detail and overview as to where -- how we are going to move people within the organization. And as we transition this fiscal year, we're beginning to take this and adapt it so we can begin to develop the Land Development Code and then we'll -- briefly can talk about through fiscal year '04 and in anticipation of spaces we are going to need them for implementation. I guess the bottom line, this plan is going to cost some money to implement. COMMISSIONER HENNING: Okay. And the question is, are we going to hire somebody full-time? MR. SCHMITT: That will be your discretion. I'm going to make a proposal tomorrow. I'm going to talk about two spaces in the third quarter of the upcoming fiscal year in comp planning and a space in natural resources, but I'm also doing some internal reorganization as well and I can describe that tomorrow at the budget hearings. COMMISSIONER HENNING: Thank you. I'm all done. Page 47 .....--..--..-- Agenda Item No.1 OC June 28, 2005 J unlae§ ,22Öd~ CHAIRMAN COLETTA: If I may, I do have a couple of questions. Just, I want to make sure, do we still have that provision in here, the additional TDR provisions? MS. LINN AN: That's what I was about to step forward and speak to. There is -- the language is in there. You had raised a question about that provision and I was just going to bring it to your attention because anytime anybody that mentioned an issue, at least we want to put it on the table so you'll be aware of it. That language is in there, and it has been suggested that language be added to that to say, the County shall consider and evaluate the funding operations and sources of revenue for such a TDR bank as part of the FY04 budget review process. Sources of funds to consider included, but are not limited to general fund revenues and federal, state grants and loans. The primary objective of a TDR Bank is to make funds available to support the TDR Program by offering initial minimal purchase prices of TDR's. That came out of the report by the consultant. The other language is in there. The language I just read to you is not in there. As part of these considerations, projections for an annual budget for administrations for the TDR Program which would include the projected cost of funding appropriation for the FY04 Purchase of Residential Development Rights. CHAIRMAN COLETTA: All right. And the thought process on this before you get all excited, Commissioner Henning, is that -- it's simple. Put your money where your mouth is, or at least make the commitment that you are going be there if the time comes. By establishing ourselves as being interested in the market, the idea is to get the price of these TDR's up to the point that they are going to compensate the residents that are going to be selling them out there in the rural area, to be able to make it to a point that it's affordable for them to do this and be able to continue on with their life and make them whole. By doing nothing more than discard this process, we are going to start the process off so it's going to be able to move faster. We're talking about the financial year '04 to give this consideration. Page 48 -; "'._n'. ...__.. --.----.. Agenda Item No. 10C June 28, 2005 Junèap~~~ð1 ",L When we come back at that point in time, I would recommend that we look, and I'm not saying we do it now and I don't want a commitment on this Board at this time, but $25,000 per unit. And I think we are going to find out when we get to financial year '04 and we get ready to do this, the -- the price is already going to be taking shape and it's going to climb to that level or possibly even higher. But we need to be there and be prepared to back the citizens of this County in this venture. The ones that are going to be in the Sending Area need to have the assurance that their County government is going to be there for them to do the right thing when the time comes. But what that right thing is at this point in time, I don't know, but we are going to be there. COMMISSIONER HENNING: Are we adopting that today? MR. MULHERE: The recommendation is -- is not to specify any specific amount. It simply an indication that you will consider funding -- I can read it again, but there is no specific amount in it. COMMISSIONER HENNING: And- MR. MULHERE: It's considered an '04 funding to jump start the TDR Program, which was the same language we proposed to you last -- yesterday. COMMISSIONER HENNING: Here's what I see, ladies and gentlemen, how it's going to read in the Naples Daily News, Commissioners Commit to the General Fund for Development in -- in the Eastern Lands by Using Taxpayers Money. And I think it has to -- should be a process of let the market drive the price and I think that's where it should start. COMMISSIONER CARTER: The word is consider. MR. MULHERE: Yes, the word is consider. We are not suggesting that you -- you don't have to take any action. It's just that you are going to consider it and -- and, by the way, we were planning on bringing back the full range of options for you in any case. COMMISSIONER HENNING: Okay. MR. MULHERE: I mean, we were going to bring back the full range of options, the bank, quasi judicial agency, a private agency, funding, no funding. I think it's only appropriate that we give you the whole -- full recommendation when we come back relative to that, but this would be a part of it. i L Page 49 -.----..--+ .~...- ---_. .-..". -- "..--.--..-- Agenda Item No. 10C June 28, 2005 Jun£~;2<6dï COMMISSIONER CARTER: I understand Commissioner Henning's concern, but that's an opportunity if that issue is related in that manner where a guest commentary addresses that for what it is versus what it's perceived to be. I think it's our opportunity to communicate. I don't consider the communication over tonight. I think we have to continue to work this through a policy process over the next year. This is a framework again. Because we owe it -- I agree with Commissioner Coletta, we owe it, and Commissioner Coyle said it well last night, we owe it to property owners. Weare protecting property rights to the best of our abilities in this situation. It's going back to framework again. And I -- that's what I'm hearing. Want to go for it? COMMISSIONER COYLE: Just a quick clarification if you don't mind before we take the final vote. I want to make sure we've got everything included. Now, you -- you said -- you said we're going to have everything in the book plus everything on this errata sheet. MS. LINN AN: As I explained it, because there were some changes to that errata sheet as I explained it. COMMISSIONER COYLE: Right. And then the roadway - MS. LINNAN: The roadway- COMMISSIONER COYLE: -- TTRV Section 24. MS. LINN AN: Correct. COMMISSIONER COYLE: Okay. MS. LINN AN: And unless there are some strong feelings, those lines I read as an addition. COMMISSIONER COYLE: All right. I'm all set. COMMISSIONER CARTER: Okay. 1'11 take a stab. I make a motion that the Board adopt the attached GMP Amendments addressing the requirements of the Final Order for Unincorporated Collier County, less the Eastern Lands portion of the assessment area for which separate amendments are prepared subject to the specific recommendations identified in the Attachment A outlined in the book. And the errata statements, plus the additions of the Travel-trailer section, the Road Agreement Section 24 - the 70170 Agreement and forward these amendments to the Florida Department of Community Affairs for the review and compliance determination. Page 50 '-'-'-~""'-" ., ,.--------.- 1 .1-. Agenda Item No. 10C June 28, 2005 Junl~,2~fJd2 CHAIRMAN COLETTA: Did we catch it all? Has somebody been paying attention to this? MS. LINNAN: I would just like to clarify two things. When we talked about the errata sheet, it was the errata sheet as explained on the record by me tonight. COMMISSIONER CARTER: I will correct that. The errata sheet as explained on the record this meeting -- June. MS. LINNAN: That's fine. And the second clarification is did that include the language I read under the heading of additional TDR provisions that dealt with the consideration of options, funding options. COMMISSIONER CARTER: Yes, ma'am. Including the TDR options recommended under funding considerations. MS. LINN AN: Then we've got it. COMMISSIONER CARTER: We got that? CHAIRMAN COLETTA: I'll be happy to second that. So we have a motion by Commissioner Carter, a second by myself, Commissioner Coletta. Is there any other discussion? Hearing none, all those in favor, indicate by saying aye. THE BOARD: Aye. CHAIRMAN COLETTA: Opposed? The ayes have it five to zero. Before we go, any closing comments from Staff? The meeting is adjourned. (Whereupon, the meeting was adjourned.) Page 51 ...----,.....-....-.- Agenda Item NO.1 OC June 28, 2005 Page 29 of 32 June 19, 2002 ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair - Time 9:30 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALSÆX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL J~~AIRMAN ATTEST: DWÎQt;t1Eiä?;aROCK, CLERK ............ ''',,,'~,.,.,,,..,,,... .L;',' . '. l~;~·:~:~~;\~:~::,,7. ~'-(~\:~~¡\ ~ ,:;~~4:J~ d? t' \·.~(~,,:.......<~<~·>Attest as to Cblf......·s ,'.'.; . ;7;';:':','.\;:> signature onl" These'mi~utes approveð by the Board on JV~ dq ,:Jâ)~ , As presented \,. or as corrected . Page 52 ----- .-.---. . Agenda Item NO.1 OC ~?8,2005 850 PARK SHOR ':30 of 32 TRIANON CENTRE - HIRD FLOOR NAPLES, FL 34103 239.649.2708 DIRECT 239.649.6200 MAIN 239.261.3659 FAX banderson@raJa.w.com I~~ANDRESS II ALE GAL P HO FE S S ION A LAS S 0 C I A T ION May 6, 2005 VIA: E-MAIL AND U.S. MAIL Chainnan Fred W. Coyle Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112-4902 James V. Mudd, Collier County Manager 3301 E. Tamiami Trail Naples, FL 34112-4902 Mr. Nonnan Feder, Administrator Collier County Transportation 2675 S. Horseshoe Dr. Naples, FL 34104 Re: North Belle Meade Overlay, Wilson Boulevard Corridor Study, Private Mining Haul Road Gentlemen: The purpose of this letter is to fonnally notify Collier County that the Florida Rock Industries, Inc. as a successor in interest to a portion of the property holdings of James A. Brown, Jr., Trustee d/b/a East Naples Land Company (ENLC) in Sections 21, 28, and 27, Township 49 south, Range 27 east, Collier County is by this letter making a commitment to construct a private haul road by June 19, 2007, without any public funds to serve future earthmining and related operations in the aforesaid Sections of land, in connection with issuance of an excavation pennit for said mining. This commitment is, as required and provided for in the North Belle Meade Overlay (NBMO) of the Collier County Growth Management Plan (GMP), in the event that the Board of County Commissioners (BCC) fails to select an alignment with funding and an accelerated construction schedule for one of the alignment alternatives identified in the Wilson Boulevard Corridor Study to be acted on by the BCC at its June 28, 2005 meeting. (See attached GMP provisions relating to the NBMO). The ENLC in consultation and coordination with the County's Transportation Division undertook at ENLC's expense the Wilson Boulevard Corridor Study, conducting several public infonnational meetings and presenting alternative alignments both north and south and east and west of the above referenced Sections of land. The alternatives included the extension of the existing Keane and Brantley Roads, the extension of the existing Green Blvd, and other alignments that were deemed feasible and prudent to implement the intent and purpose of the transportation requirements of the NBMO. ClEVELAND TOlEDO AKRON COLUMBUS CINCINNATI WASHINGTON, D.C. TALlAHASSEE FORT MYERS NAPLES www.ralaw.com ~""--'-- Agenda Item NO.1 DC June 28, 2005 Page 31 of 32 May 6, 2005 Page 2 To the extent that our clients future plans for a haul road can ultimately serve some public benefit for public access to alleviate long term transportation needs in the area so much the better assuming the BCC does not select an alignment at their JWle 28th meeting. Thank you for your consideration in this matter and please don't hesitate to contact me if I can be of any further assistance to you. Sincerely, .~ ~ ~.\.' ~-~ \":>(~ -~I. .~.< ~ R. Bruce Anderson For the Firm ~_.- RBA/ca cc: James A. Brown, Jr., Trustee, East Naples Land Company Robert L. Duane, Hole Montes Jeffrey Perry, WilsonMiller Scott McCaleb, Florida Rock Industries, Inc. Matt McNulty, Florida Rock Industries, Inc. David C. Weigel, Collier County Attorney Stan Litsinger, Collier County Donald Scott, Collier County Commissioner Jim Coletta Commissioner Donna Fiala Commissioner Frank: Halas Commissioner Tom Henning 469558.1.00000o.0000 ül.(')C"\I OOM .....0..... _.C"\IO -: ex) C"\I . C"\I M EQ)Q) Q.)COl .....:;¡tU ~...,Q.. "C c Q) 01 « ~ C/j (j) ::;j s= (j) > < .:3 \D ~ ~ o ~ ~ --1 ~ C/j r. ~ s= (j) S s= OJJ .~ ~ < (j) ~ C\$ s= ~ 2 ~ < Agenda Item NO.1 00 June 28, 2005 Page 1 of 18 EXECUTIVE SUMMARY Recommendation to award a construction contract in the amount of $15,800,000 to John Carlo, Ioc. for capacity improvements to Goodlette-Frank Road, from Golden Gate Parkway to Pompei Lane, Project No. 60005, Bid No. 05-3851. OBJECTIVE: To obtain Board approval to award a contract for the construction of capacity improvements to Goodlette-Frank Road in accordance with the certified plans and specifications to the lowest responsive, responsible bidder, John Carlo, Inc., in the amount of$15,800,000. CONSIDERATIONS: On May I 1,2005, 128 notices were sent out, and on June 10,2005, four (4) bids were received from APAC-Southeast, Inc., $18,228,810.80; Better Roads, Inc., $15,986,188.21; Douglas N. Higgins, Inc., $15,942,807.70; and John Carlo, Inc., $15,800,000.00 for the construction of the Goodlette-Frank Road capacity improvement project ITom Golden Gate Parkway to Pompei Lane. The lowest bid was from John Carlo, Inc. in the amount of $15,800,000. Included in this amount is $800,000 as an allowance to manage unforeseen conditions. Also included in this amount is $1,216,254 for City of Nap]es water lines; and $]23,140 for relocation of City of Naples force mains and water line; these costs attributable to the City of Naples for utility construction work. The new waterline work was included in the project to minimize disruption in the corridor as a later separate project. It has not been determined when the City of Naples will provide funding or guarantee of funding. Accordingly, the County reserves the right to delete the City of Naples utility construction work ITom the construction contract should funding not be provided in a timely manner. The County has designed the relocation of the City of Naples reuse water main at County cost, and will also fund the cönstr~_ç,!iol:!.Qtt.b.is cTeIÖCà.tÌùtfcw1ïìcrr WaS èatìse~y=1JI'O:tectWöoc~"In""addttiutF,~the-' County will fund the CEI costs for the project. The construction cost of the City reuse water main is $1 ,048,600., "John ·GarJo,"Ine-:,-the-lew-bffiè:er,has-demonstratedsatisfactør-y-pefÍeFffiafiee-- on otherprOj.e.ctS=òf a similafnaÜ.l¡.e.JiLilie'pa¡¡C~TheJ;illis1rill:tiorlduration..for thisþròjeeLß_='==____ _ approximately 479 days. FISCAL IMPACT: Total funds needed are $15,800,000. Funds in the amount of$14,947,100 are avaib\þle in the Irªl1sportation~.upp()~d QI!§.Iax .flll1d anc:l,Rº-ª-<!Jf!1pact Fee Funds~ Budget amendments are needed to transfer funds from District 2 Impact Fee Fund (333) in the amount of~416,4º0 and from District 3 Impact Fee FUl1d (334) in the amount of $436,500 and appropriate within the project. If an agreement is reached with the City of Naples forthe water line and force main work, the City of Naples will provide funding to the County in the amount of $1,339,394. If an agreement is not reached between the County and the City of Naples for funding the costs of the water line and force main work, then it will be removed from the contract by a deduct change order. The.County will pay for the constructiol1--COsts-of-theCiLy-- reuse waterrriain in the amount of $1 ,048,600 regardless of whether the City and County come to an agreement on the water line and force main work. GROWTH MANAGEMENT IMPACT: This project is consistent with the Collier County 2025 Needs Plan. Agenda Item No.1 00 June 28, 2005 Page 2 of 18 RECOMMENDATION: That the Board of County Commissioners award a contract in the amount of $15,800,000 to John Carlo, Inc. for the construction of capacity improvements to Goodlette-Frank Road, Bid No. 05-3851, and authorize the Chairman to sign the standard, County Attorney approved construction agreement and approve the necessary budget amendments. Prepared by: Allen R. Ruth, P.E., Senior Project Manager, TECM Attachments: Bid Tabulation hem Number 10D '11m Summary -" ( Mlltlng Oall Agen(ja Item No 100 June 28, 2005 Page 3 of 18 COLLIER COl:NTY BOARD OF COUNTY COMMISSIONERS Recommendation to award a construction cOlllract in the amount of $15.8DD,000 to John Cario. Inc. for capacity improvement. 10 G( odlette~Frsnk Road, from Gold~" Gate Parkway to Pomp~i Lane, Project No 60005, Bid No, Q5~3e51 (Norman Feder, Administrator, TranGponalion Services) 612812005900.00 AM Prepared By 6114i2006 9:40:",0 AM Allen R;. Ruth, P.F.. Tnm6portion S~t\Ii~e6 0... S.,niOf F'1'oìtÞC1 M.n.IJClr Tram.port.tiofl EnginClering and Construction Da.. Approved By AHon R. Ruth, P.E. Trana.portion Services Senior Project Manugcr Tr;UU¡;porti.til)t\ en"iflnt~,jn J and Con¡¡.h1.lc:tioll 6114120059:41 AM Lynn R. Thorpe, P.E. Cateo Approved By TransportiufI 5f1lvj(.~I$ Princ:ipal Project Man8v!!!r Transportation Engineering and Construction 6¡1~12005 3:'2 AM Approved By Nonn E. t= ~dnt, AIC~' Tranaþot1ion Service,. Tr;ln"port;ltì )n [)I\lil~ion A.dminißtrator Dn1" Transpertlltian ServiC:B5 Admin. 6(1"'20056:34 PM D.111': Approved By Eugene C..lv(!r1 Tri1;nsportations S.rv ~ m Principal Project ManaQC'r Tmi1I1,'ot1aticIII EntJìn"rin~ and Cøn$tnH:tion MmuIgtttnttnt &115/200& 7:31 AM Date Approved By Brenda Brilhart Adrninistnlbv(! SIH'Vi'::l!'tI PlJrcn.asing Agent Pun:hasitJU 6.115!200511:1Ð AM Date Approved By Stl!'ve C.mell Admlnjr¡.lrntlvn SCrvj¡~(t5 Purçh.uinglGener.a1 SVCIõ Director Purchl!lSìn~ &118120057:11 AM Datil!! ( Approved By Lisa Taylor O£tt~ Transportion Services Approved By Slulron Newman Trans-portion Service.. ManllgementlBudget Anatys.t Transportatíon Administration &/18120058:40 AM Accountin9 SUJ"trvi9t1r Trønspot1ò1tion Adminis.tro1ion 6í16l200! 10:51 AM Oat. Approved By Mike Hauer AdfJIinl"tFõlI:i",. S.rvicft,,, AcqU¡'5ition Manager Purl:h¡Uling: 6/1&/200511 :40 AM Date Approved By Pat lehnh.rd Tmnsf>ortutlulI Sr.rvic:es;. Ex.cut¡v~ Secretary Trlll\",port;.tion S.~rvi(;e8 Admítl 6116120052:12 PM Dote Approved By OMS Courdinato, COttnty Manager',," Orrico Admílllstmtivlt AtosílltiUlt Olflcn Df Mlln.gftmant & BudD'" 6/1ß12005 2:42 PM Datl~ Approved By !Su!um U 111U1 County Manager's Office 91~lior MaIH.gltl11ftn1/aud...~!t AnufViltt OHit.''' of Manageml!'nt & Budgø1 6/20/200510:11 AM Dnht Approved By Mlchnal Srnykownlll County Man.g~r'$ Offic;~ Môlrlagllmœnl & Budget Dlreçtor OHit:f! c)1 MlllmSllUnent &; ßudg4tt &120/2005 1 :0"' PM Date Approved By James V. Mudd Ban,d 01 County Comnlnô!iioners CDunty Manager Cotn~ty Manager's OHíC6 &/20{20D5 1 :48 PM ( '" i fi '!! z ~ ~2~ ~~~ i 8 0. iii 0: ~ s III .....0. ~!h~ ~..5C)~ :i¡J j;; ,d ~ ~"ò_,¡: Agenda Item NO.1 OD June 28,2005 Page 4 of 18 ~ ¡; z~ 88 88 I~§ 88 88 88 88 88 88 88 88 88 §§ §§ :õ!~ ~~ ~~ N:;i §§ ~g cr:iN :õ!§ ,.;;,; I.. ;: .... Ii "'oò ªª I~ ~ '" .... ... ; ~~ ~ 1õ ~ ::¡ ;. N .... :c ".. ,.. .. ¡" .. ..'" .... I.. .. 1..1.. ..,.. .. .. .. .. .. .. ~ 88 :!!:!! 88 88 88 S¡8 88 88 S¡S S8 88 S8 §§ ~~ §§ ~§ ;:!~ oj:;! -'~ §§ cD~ Iri¡::i ~~ Lria) ! N .., .... ~ ~~ ........ §§ Ñ '" '" 0 ~:n;j '" !:; .... ¡:j NN N '" j IDID '" ~ ~ ~~ .... .. .. I.. .. I" .. .. .... I.. .. /.. .. .... I" .. ,.. .. "I" . 88 88 88 88 :! i] :28 ~~ 88 ~:s¡ :! ~ 88 88 1 §§ ~~ §§ ~~ ~N ::~ °i §§ uscxs ....:¡ ~§ ¡;¡~ & ~;: ¡;j I ........ "'''' ~:3 ~ '" .... ~ "'''' g¡ ~ :! ;: ~~ NN GIG! '" ~ - .. .. "I" I.. .. I" .. .. .. .. .... ,.. .. .. .... I" .. 1"1" 88 88 88 88 88 88 :8'" 88 :¡¡:g ~:¡¡ :¡¡8 ~g ,C' ª§ §§ §§ ~~ ::1£ ::~ ~N §§ oj~ ai~ ;!g ;:;Ii ~ '" ¡;¡ ;:::: N 88 ~~ "'''' ~ '" ... ~ !! 81 ~ .... ði 0< co. to. :3:3 '" ~ ~ .. .. .... '.. ;" " "I" "I" '~ .. .. .. ..{~ I" .. I"" '''I'' ~ ~ ~ ~ ~ ~ æ ~ '" ... ~ ID >- .... ;: ~ ... ~ ~ .... 0 01 !i j ~j 'j:! 8~ !j ... ~j !j ~j ii'e! t' j fj c: ~j ~ ~j j ~ ""I Ij, .31 OJ¡ OJI I ~I OJI 51 51 ¡ ¡ .. 'HI j ~ j ) ~ ;B k .ñ .ñ ~ .ñ UJ w'E W ;;) ~ ~ I~ ," >- c: c: OJ U .. '" '" ~ .... :3 0 N >- ~ i ~ 5 ~ ~ "" I ~ ~ ~ .... &! Ii i 'Ë ~ 0 .... ~ ;;) ~ 0 w ~ w 'I! J c § ~ >- j OJ ! u 0 ¡ 'I! ~ i ~ ~ ~ ~ I '" ~ ¡ ~ 0 cb ¡¡: .... ~ c: 1 .. .... r., 0 ~ ~ ~ '" '~ 0 N ! ,~ '" ~ '" iJ ~ ~ ! 0. I~ 0 ~ u ~ Ii: ~ ~ .. g ë ë ~ '" .& c: I~ I i: ~ !5 å ~ '3 51 <II 'I< ~ ¡ i j g ~ u. 'E w B 1'5 ~ '¡;j 'IS 1 ~ i ¡¡ ,n ~ ,~ .. :I: 1'1 ~ - :!5 1 ~ 'õ ~ ë .. j .. ~ Æ 1: .8 e '¡;j ï¡¡ ,!! J!I .!! ~ ~ E :IE 0. :::!i > ¡¡: <II U <II W ~ ~ ~ é ~ 6 "f 'I' š! ~ ~ 0 ~ -I ~ ~ I ;! õ ~ 0. ~ :r oj ~ (-1 I ! ~ ~ rf~~ i '" ~ S JBf ,,10. !~!~! r11~!J ii 88 88 88 88 88 88 ~I~ 88 88 88 g!B 88 88 88 ~~ ~~ "'i ~~ o:ia ~~ ~~ §§ §§ c,..; ~~ ~~ ~§ ... ¡;¡ š! ... ~ '" ~ '" N -~ p~ N~ <;;¡ ..~ ...... N'" , ;:: f; I.. .. I" .. I" .. "I" .... .... I.. .. 1..1.. ..I.. .... .... .... I.. .. "I.. j 88 88 138 ~Ii! "'''' 88 88 ~I~ êl~ 88 ~~ 88 88 88 N'" o:i~ ...;..,,¡. '"~ œm v)~ !jÍ1ri ~~ 81~ §§ o¡ g . ~~ !I! ! "'... ~ -&1 ...¡i¡ .. ;:I! ~ iš '" ~ '" - pN ..... ~ "'!!! ...... :: ... - .. '" j N ... .... .... .. .. .... .. .. .... I.. ... I.. I.. ..I.. .... .... I" .. .... I" J ~g ~8 ~8 :gg 88 88 8~ 82 852 8~ !B~ 88 88 88 .~ !!!~ ,.;~ cD"; U'iari :s:t? is'" S~ ¡:¿''" ~~ o~ ~o:i ltilti ~~ II! ... tõ '" I~ -.. p~ -... ...¡: :;;;; J ~ ~ ~ I~ co p~ -~ p~ "'~ ~ ...~ ..~ .... .... I" .. .... ..I.. .... I.. .. 1..1.. I.. .. .... I.. .. I.. .. ¡"I" :ß Ii!~ g8 ~S! \I!~ 88 ~" Op 852 88 !i!!i! 88 88 ~~ -... ¡ ~ ~ã ,.;~ ::S <ØŠ ~~ ;!. ~~ ~i ~~ '"~ ~~ ~~ iilg '" ...- ~ 9! ~ ~ ., p -II! -81 "'p ~ "'- "'''' ..:! N .. '" ... .. .. .... .... .. .. .. .. ..: .... .. .. .... .. .. .. I" .. .. .. ~ ~ ~ ~ ~ \II ~ p ... '" i '" - '" 5 ~ ~ :;i !:i ;;: ¡: ~j ~j ~j ~I ~j ~j ~I ~I ~j ~I ijl;! ijl;! Jj ijj itj it] it 'J! ~I ~ g) 'S 'J! ~ .., .¡¡ ~ '! :51 !) ~I " ~I Æ~ I~ ~I J I ~I ~I ~I ~I ~ Jj ;¡j w ~ " ~ 'E i ~ >- ~ '" ~ I 'e N ¡:; ~ ~ i~ ~ .. ~ '! iI; I :;) ..J .. § >- 'ë " ~ '" u ~ ,¡, :;) :;) I~ ~ 0 0 '! '" Ii i :;) ." II ;X Qli ~ "': :5 ... ¡ ... i !! N ¡ èõ I; 0 !2' I i5 ~ u ~ ¡., § ~ ;.. ! ð '! p 0 g ~ is ä: ~ ~ ~ I ! j ¡ i 'e i .6 I~ " j ø Ii s ~ i ~ ~ a: ::¡ t " ~ i] ~ .. u ~ 1 '" It) ~ 1 0 OJ U ~ ~ Q S :i ~ is ;! ~ I t J 1 0 C/ C f I v '9 .t! J I~ J 52 :õ Ii Ii " ~ v (j) Jj .. u (.) '9 1 Ii /1 I :~ II 2: ;;: 2: .. It:: j i j j 1i 1J i! i t- o !j '" ù: u u u (.) a: 1; .s; ,¡;¡ ~ ¿ '" ... '!f ~ t i I~ ~ ~ ~ m~ ~ ... ... ~ ¿ ... ~ ;;; ,.:, 8 ~ :;¡ :¡; ~ '" ¡:¡ ... ... ... ~ ~ Agenda Item NO.1 00 June 28, 2005 Page 5 of 18 :g ~ ¡¡; :t '5 '" f .. ~ " cD IS i I ~ ~~~ fl!!" 11 ~ ~ "- :ß '" g, s 'i'¡~ &ii -!If!f ~j.!ic1l~ ~ Hl i!! oð_Q. z~ 88 ~~ 88 88 88 88 ~; 1:1~ 88 88 88 88 88 88 ~~ ~~ ~~ ~~ ~~ 5!~ 8g ~~ il~ ~~ ~~ ~~ ~ Ii ~~ - N~ ",>ñ >ñ!!1 "':: ...- ~ ~ ... <Ø . !!! ::¡ '" N ¡;; -" ..... .... .. .. .. ... ..I.. .... .... .. .... .. .. .... .... .. .. .. .. .. oJ 88 88 88 88 88 88 ~~ 88 88 88 88 88 88 88 8 .s ~~ ~ª ~~ §§ ~I~ §ª 1Ii!!i ~~ 2~ i2 ~§ ~~ ~~ § õ ~ _N '" -.... .... N~ "'..... ...... ...- "':: ","~ '4 '" ~ '" N ~" ~ pj - ~ '" ¡:;: t - ..I.. .... I" .. .... .... .... .. .. .. ... .... .... .. .... .. .. .... .. I 88 ~~ 88 88 88 88 88 88 88 88 88 88 ~ê 8~ 8 S~ ¡...:,...: iìi&1 ~~ ,..;~ ~~ i~ ¡¡j , ~~ ~I ~M ¡ij~ ~ "'''' -... II. -.... I N;! ..... ",>ñ ..~ "':: "'Ie '!J" :8 ~ ~ N :II ~ ~ - - .... .... .. .. .. .. .... .. .... .. ... .... .... I" ... .... "I" .. .. 88 88 88 88 88 88 1i!S! ~~ ~8 88 88 158 00 ¡¡¡¡¡¡ 8 "'... ~ m~ ~~ ~~ gs¡ Sci ~~ §~ .~ :!§ ,esi ;~ ¡¡Hi ~~ ~~ g "'<0 -::I -'" ... N.... N~ ....'" "'''' "'I! "'~ ....'" S! ¡;; 0 ~ '" !ë ~ :I! - .... N - I..... .... ¡.. ... .... .... .. .. ..... ¡.. .. ..I" .... I.. .. .. .. .. .. .... <0 N - '" N :: '" ! if ~ m ~ ;! N ~ '" .... ~ N N n fj ~j .~ ~ ~J ,~ i! ~j "i! "i! !J ~j ~J I) !j ~ lj ~j ~~ .! ~ "- '~ ... '! ~ ~ '! .¡¡ '1: ;Š c: :s ~J ::>¡ ::» ::>1 ::>i I ~ ::» ::>1 ::>1 ::>¡ ::>1 ::» j Š w w w w w ~ u. ~ '" ~ ....I ~ .~ ... IL c: ... ..J ...I ::> '" 3 '! ..J ~ c: ~ '" '1: - ::> ~ ::> .5 ::> ::> t~ 0>1 ~ .... '" ~ ;! .... 0 ¡ ; ~ I~ '" I; L1í i5 ~ i! j '" t I 1! ë § I 'Ë 'Ë ~ !!i j !! .. '" W'" § :J c: ~~ ::> ::> ~ 0 0 0 0 ::> '" i ¡ 'Ë ;:¡ ð: '" 1Z '" '" IS c c '" ,~ t '" ,5 '" '" en en '" en ¡ 11 ::> c: ~ i !!i ::> fn ~ Ì@ ~ ~ ¡¡ ~ :J ~ ¡ 0 0 11 õI 11 11 I 11 1i I:: c ;¡: ) ) i j I I I c (,) I! ! ~ ~ ; I~ ! 0 2 2 ~ I~ en II - i ¡i ! ~ ! I ~ ~ 8 E 0 Q. ~ ~ y ^ y ;ï¡ ~ ~ ~ 5: .... 0 0 0 ~ í! í! .... i ¡ ¡ j j t ¡ ~ '2 J <II I!! ~ w 0 0 0 ð "5 :J :J :; :; i " ~ l! ¡ (,) (,) ~ (,) (,) (,) ~ i :i j 11 $ ~ '" ,~ 5 c: C Q. "- n. ~ "- ;;: "- :I! ~ '" '" :I! ¡:;¡ ~ ~ N 0 ~ ~ I ~~ "1- ø,> ¡ ì J, :;;; ::\ ::\ ~ ;: ;: ã $ ~ ~ ~ ~ ~ ~ $1 ã Agenda Item No. 100 June 28, 2005 Page 6 of 18 ~ ¡.; ;!: õ '" I II; i ,,; Agenda Item No. 10D June 28, 2005 Page 7 of 18 '" ri I z ~ ~ :žj 8 88 ~~ 88 88 88 88 88 88 8. ~ 88 88 88 ~ ~§ ~~ ~~ §§ \i~ ~~ ~§ M;; ãi~ ~~ cd~ if .... .. Ncd "''"' "'01 "'01 '"'''' .... æ '" ¡ ¡!! ~" GO '" .. .. .. .... .... .... ..I.. .. .. .. .. .... .... .... .. .. .... j 8 88 88 88 88 88 88 ~ê 88 8~ 88 88 88 ! § ê~ ~~ ~e §~ ~~ ¡¡¡e -~ !!î! "I'" ~~ ~i cd~ "I "I -"", "IN -~ _II> ÑN II> ~ ~ GO !2 GO "I I .. .... .... .. .. ... "I" .... ...... ... .... ...... ...... .. ... I 8 88 88 88 ~~ 88 88 "'''' '" 88 88 ~fiI $!i! "I.... "I.... ~ :8ì! ~~ ~~ §§ .n.,.; ~~ có~ ~~ ~~ :;~ cDN NeD fH~ -... ¡: -... 0 '" Ñ -'" NN -... "I" co "IN .... I'! - 0 ~ gf '" j .... "I "I .. ... .. ..... ...... ..... ...... .... .... ...... ..... ... .. ...... .... í 8 88 88 88 88 88 fi!8 ~ :;¡g ~\£ filS! ~fi! ~S! ~ s!1i! ~~ s!i §~ i* g~ !B~ ~~ :;¡~ o)('Ij N~ ~ - -¡;¡ Sj ~;~ N<Ø .... :: Ñ .,..-rri ÑN - .." N<Ø ÑN ~ "I ~ ::J ¡¡¡ '" ("I ~ õ .. ... ...... ...... ..... .... ...... .. ... ... ; "'1" .... ...... ... .. ...... 1 '" - .. '" - ~ !11 ~ ~ ~ ~ ~ ~ 0 '! j ~j !j ~j !j ~j ~j ~j ~j ~j Ij ~j ~i .. ".a! ~ ~ § I: §j §I~~! 5) ) ~J ~I ~I ~I ~I J¡ I I Jj ~ Jj Jj a. ö I~ :¡j ~ 1 Ii ~ 0 .'" I::;; I: ... ~ 0 ~ ~ 8 ''Ë ~ - ~ ~ ~ ~ ~ ~ ! g '! .. ~ .'" ~ i ... u. 5 :5 ~ ... ~ ~ !:I ~ ~ '" i i '" ... ¡¡: '! 'Ë .'!. ~ t !!! ~ ~ ::> ~ I ~ !! ¡ I] ¡ ~ § ~ 'ª 0 0 ,;¡ 0 0 0 i ¡ 6 .~ J1I Q Q Q ¡¡¡ Ii ~ u. t,) <.) '" '" ~ ~ fa fa ~ f¡¡ ~ j 0 J .. ;". ;g I j .~ !5 j .ª ~ J Q j ~ ÿ y j '" '" I:: ~ ~ "2 ~ ] ] "2 1! a: '!5 ~ t,) '" w w J I a: i J Iii i J I j I Ii ! ~ ~ s .'" ~ ] ~¡~ :¡¡ ij :¡¡ :¡¡ U 0: ! II> ~ ~ ~ ;;: !J¡iX ~ i ~ "I ~ ~ ¡ '" i :II i i~ ~ .... ~ :;¡ ~ ~ ~ :i! ã ~ J ~ ;;; '" r ~J~!l ... .. ... ... ai .. N ~ , I z Agenda Item No.1 00 June 28, 2005 Page 8 of 18 8 ~ ¡; z!.t! 88 88 88 88 88 88 88 88 88 88 88 ¡¡¡ 88 88 ~§ §§ roi..,j C<'Í~ M..,j ¡;j~ :¡¡~ ::i§ ~¡ ""COIi 00 ~ ~ª ~ª ii N I . N~ ...... ... '" 0> -~ ~~ :g ... .., ... ~ on ! !It Ii! ~ '" ~!i! N oi .. .. .... I" .. .... 1"1" "I" ".. .. .. .. .. .. .. I.. " .. "I" .." i 88 88 S8 88 ~S 88 88 88 88 88 88 :;¡ 88 88 ~~ §§ '"~ ..;~ "'m uj.n ~~ g §. \liS ....:....: ~~ ~ ~~ §~ { ~þ¡ r- N~ ..-.~. """~ t ... .., ;1; ¡¡j "- "- ~ ~ c.j '" ~¡!¡ to) 0 ;Z "- I ~ ... .. .. .. .. .. .. .... I" I.. "I" .... .. .. .. .. .... I.. .. .. .... .." J 88 88 ¡z¡¡;¡ ~S ~!i! ¡¡;:5! ~8 88 88 on on ~~ ~ 88 88 '" '" 81° ~ª ~o) MO (I)~ ~~ ;;;i ¡¡j~ ~~ :;I'" ~ ~~ a~ ¡:!: Ii¡ <õ :II r- _ 0> .., I ~~ 5'! fìj ... '" ¡;; ... ... ! ~ ¡;; ~ '" -'" ~ ~ N ~ .. ... .. ... I" .. .... 1"1" "I" .. ... .. .. .... .... .... .. "I" .... 88 ~I 00 '" on ¡¡;¡ 5!5! 88 88 ~. iìI$ SS I 88 88 G "'''' - '" :> ~~ "':0> C'iC"S ..,.,; ~a ;~ $:<j :r :R~ ~~ ~i äi~ a: on ~ ... f2 :B on r- ...'" :! ~~~ "':ri Q Ñ ... '" '" Ñ 18 I N r- 0> '!5 N ."'¡¡ on on '= ,!:'r '" N ;:¡ on lo-¡ í (.~: .. .. .. .. '.~ .. .. .... 1..1.. .. .... .... .."" ...... I" .. ,;, .... .... 2' J a. ~ ~ '" ~ !! '" ~ 0 N .., ; ~ ~ ~ !13 ;! ~ N ij N - ~ .., !j "Ë j~!¡ !) 8.... lj i~ ~j j j ! J § j ~j .. ..~ .. II ~ c :;)" I~ I§:;)! :;)1 :;)1 :;)1 51 5ì I I ï I i Jj ~:5 ~~ Jj Jj Jj Jj~ 0 Jj ~ ï: I :;) ~ 0 ~ ... ~ ...J ... II .~ .. i ¡ C! :;) :;)' ~ 0 i ~ ~ 1 ~ i .~ '" § .§ ~ ~ :5 <f '" I ~ ~ 0( I¡ ~ III 1 ~ '" UJ C 0( ~ ... ,1:/ " ... :;) Ë § I ~ 0 0 ~ ~ i Ii :;) 0 ~ ... ~ ~ ¡¡: ~ ... ~ ill j ZI ~ ). ... It J ~ 1i Il. <f <f s: '-' .. ~ IX: ~ Ü ~ § ~ s: ~ ~ UJ ...J 0 12 .. I ¡" w w !5 2 ~ ! ... .. ... Il. Il. <f ] ~ '3 ~ ] )( 0 0 1! on :r :x: 'õ .~ i ":' I! ] ~ I-< t! IÆ ~ :¿ J j ~ .. ...J ~ I~ j ~ " 'Š Š ;¡ II .!!! J 0 0 ij lii Il. <f <f ~ i'; a. Il. a. ID [- 0 Ii 6 !I! J! ~ ,ï f Ig .~ ~ i i .. ¡¡¡ ~ c: Il. '" ;.i¡ <f a: ~ § ~ ~ ~ I is ~ I,~ ¡¿ s .... Ie 8 ." èñ <f a: II> <f HI I a:~ '" 9 ~ ~ ~ ¿: ¿; dUx itJ '1' 'r 'J? ~ CO) ~ ~ ~ :;;; :¡; :;;; i g g t:: "- r- t:; ~ '-' '-' '-' ill 8 ~ is. on '" '-' c..> '-' r- ,... r- ~ d!J~!~ x a; PI rl ! ~ ~ rf~~ äi 0: ili dJ! r~H!J Agenda Item No. 100 June 28, 2005 Page 9 of 18 ~ 1ð zj 8 88 88 88 88 88 88 88 88 i8 i ~.~ 138 ~i :8~ ;~ ""š ~~ ~~ !i~ ON 0 Ii "'Ii 0 '" ri ~ '" ... .... .. .. I.. .. .... ..I.. .. .... .... 1..1.. .... .. ~ 88 88 fi!8 88 88 88 Ii! 8 fi!8 :2!:2! ;e:2! '" ~~ ~i ~a ~~ ~~ ""Š N~ C"oilri N"": 0""; :; ! ~!;:! ~p¡ ...~ ~ -"' ri; '" ... i .... I.. .. 1"1" .... I.. .. I.. .. ..I.. .. ... .. .. .... .. .. J 88 88 28 ~~ ~:;¡ :g:g ~~ ~n ~~ :n :g ~~ ..n1l'Ì :!!~ ¡; ~ ~~ ""~ !;:!~ ¡:!~ ;;e d~ 0 "' "' "'... '" '" I ~ "' "'!6! co ... ..I.. .. .. ..I.. .. .... I.. .. 1..1.. ..I.. .... I.. .. 88 88 Sõ!8 88 5!5! Ii! 88 8 :2!5! ~8 ~~ -nlri ~~ :sg ¡~ "" ~~ ~, "":a; d-' 0 ~ ~fìj ........ t:; 0 ~"'I ...¡;:¡ - " .... ..;.. .. .. .. .. ..I.. .... I.. .... .... .... I.. ... ~ !i! '" '" ~ S! !II g: 0 8! ~ '" Q; a ~i! ~j j 8} iJ ~j 1) ~1 !j ~j ~j ~j ~ 11 j ·C c. ~I ." §j '! 'ë ~J C ~j I J ~J ~J ~I ~I I ~i ~ ;¡¡ w ;¡¡ Jj ~ I ~ .." ~ ~ > 'i! C ~ ~ '" ~ ; .J!! "" .. ¡ I "" ~ § :5 C ~ 1 ~ is : M .;, is u. $ i Ii "" .... !J Ë 0 ~ 0 C "" ~ :5 ! ~ å N 8 ;... ~ ~ t ~ ¡ ~ II ~ ; ! ~ c. I J I I ~ 0 f 1 I~ u. (3 (3 å :: .... ~ ~ I Ii .. J '" VI ~ J z J J ...I ~ I I j ð ~ "- Ii! j .!! .!! I j 8 I ti ti ~ j 1': j I ~ ~ ¡ '11 c. 0- 0- j ¡¡ ii t!: ~ ¡ .! .. !! 0- .~ i > ;B J! I 0<: i ¡ ~ !~ ~ j j i J :g ï. ð '" t- O<: 0- is i ~ j ~ ~ ~ ~ ~ ± 0 m ~ ~ :! "' ¡: ¡: ¡: "' .... .... .... "' .... ;! ~ .. 1 j ~ :c oj j 5 ß z ~ ~:E$ f~ãi v 8 1 ~ [1 51 i ~ ~ '" Ij ~L~~ ··H~t ¡¡¡e>.,Q.c.. z~ Ii! 12!f 8~ ~8 88 12 Ii! :ö!1i! :ö!¡;¡ 22 88 i 8 Ii! 88 88 iii ""~ ~~ oS §~ °i ""~ C'\Ï"':' N~ ~i "'~ ~ .n.n :;i@ II ~ "'1ìI - "';! - - - '" "'~ ! - ä! :c I..,.. ",I.. .. ..... I.. .. ..I.. .... .... ..I.. '" .. ... '" .. .. .. .. .1! 5: 5!8 8::: ~8 8¡;¡ 12¡¡¡ ~8 ~8 :!!8 88 ~5! [ì; 5!5! 88 ,.; "'Iii ~~ oS ~~ o~ ."..:uj N"Ifi "'~ §~ "'jIj ~ mt"J :¡j~ ! .... ::\ ¡:j _N " ... - -~ - - - N "'~ .... - IìI ~ .ë .!! .. .. .. ¡..I.. .... .. .. [.... .. .. .. .. .... .... .. .. .. .... .... J S! ~5 8:8 ~8 !iI~ I~; ~8 ¡¡¡Ii! :z:¡¡ 8::;; !il8 ¡;: 88 88 :a æ~ oS i~ ..: ~- '" ~- N~ ~L!! "'" ¡¡¡ ~~ ¡¡¡~ "' ~ II - -~ - I" N~ ~ - ~ I .. .... 1..1.. .. .. .. I.. .. .... I.. lit .... ..I.. .. .. .. .. .. .. ... !f ¡i!:ž¡ ¡¡¡:z :ž¡8 :Z~ :ž¡:¡¡ 00 ~ã! le8 8~ ~5! ¡¡¡:ž¡ !f:i! ...... :¡j ";:!j m¡;j o~ ,.;~ o ' ..:¡¡¡ "'~ "'~ :e~ "'jIj ~$ ~~ (,) co 00 ~ ~ .... ...- N .... 00 ~ - N~ - - - N N~ - ~ .. .... I.. .. .. .. ..... .... .. .. .... .. ... ..... ..... .. .. .... PI ~ ~ ~ ¡ :¡¡ ~ ~ 5! '" ~ )- .... ... ~ .,; a N ,..: j !j ~,j ~j j I] ë: § f ~j j ~ Bj ~j j ~ ~j it .. '! II Ë Ë c: I =>i ::II =>1 I =>1 i I ::I! I I =>1 ::» i Jj J3 Jj Jj Jj ~ Jj ::I u. J en .. u. c: ~ u. ::> ~ ::¡ ~ ..J ~ ~ ..J Ii) ~ z ,: .. .. .. Ii § ï: c: I¡ ,t: ... ::I c: c: ::> :!5 '2 c: ::I ::> ::> ::> "- :¡¡ i- S¡ $! ¡~ i ::I I~ LI. ~ ~ '" ~ Ii Ii u. u. ;! ,..: .... It ..J II .... .... E a a; Il: I~ Ii '2 ~ I~ i ë: i c: ::> I ! ¡ ë: .. !I ::> .¡, I~ ~ a ... ~ 18 a a CI I~ CI I] I] ~ I) ~ I] ! 11 N Q I~ ! c: 11 If 1! E !'! l- I- a f=- a> i " ~ io a a i .!! ~ i ~ It 1 .!! ~ ~ -¡; c ~ 1ii >: ~ ~ ~ If >- y > ~ \0- I': !!! ~ .2 .. ¡" 10 io ~ ~ CI. N '" ¡" I~ Ii í 1 I~ 11 I.~ i Ii I~ . ~ ! .. ¡Ì¡ ¡;¡ ¡Ì¡ '" ¡;¡ ŒI ;¡ Jj en en en en en ! l!! ~ l!! ! ! e 'tã ~ 1 u. .. f'! > l- I- l- I- ,:: ~ i ~ l- i I~ ~ :¡¡ 'C :go :2 :!! 'C :!! " 'ð ~ 0; ~ ~ '5 ~ a: en en en' en 0 <:> 1 1 ~ ~ ~ 00 ~ :I ::: ~ ~ .... ¡;: .... 2 ~ ~ r:: '" .... .... .... Agenda Item No. 100 June 28, 2005 Page10of18 8 ~ ãi ;! 'Ii ... 1 i J: m Agenda Item No.1 00 June 28, 2005 Page 11 of18 I!i: ~ ¡-o'I ( J o z m ii zj 88 88 88 88 88 88 ¡i 88 88 88 88 .,¡¡ ~~ ..s~ ~§ ~~ ~§ ~5 ~i §§ §§ §§ Ii .... :¡¡ "'$! :q ~ ~ N- ~ '" Ii: ~~ ::f::¡ :c ...1.. ..... ..... ..... .... ...... ..... ...1.. ...... ..... ... j :e:¡¡ 88 $$ :;:8 88 88 5H¡ 88 88 88 88 S ..s;:¡; ~~ "'~ "'a ~~ Iè~ ..:~ ~! §§ §§ §§ 0> M .~ ~ N~ f,l ::¡ ~ ¡1i!l! :¡&j ,.:~ MM i ..... "... ..... .... ..... "'1" ... .... ...... ..... .. ... .... J ~~ 88 ~~ 88 88 88 :I!:B 88 88 88 88 M.... ~~ N~ ~~ ~~ §~ ~cci ~~ ~~ ~~ a) a;) f:5 :0: ;DC¡ ~. 0 ~ <>l ~ N ~.!!! IU ,.:~ I M ~ MM .. .. .. ... ... .. .. ..... I.. .. .. .... ..I.. .... ...'.. ! $8 88 f2~ 518 88 ~a ~~ 88 88 88 88 as"': ..no .,¡~ "';cri 00 ~~ NC"Ii i~ ~§ ~-~ ~~ ~ š ~ '" ;t; it; 1:::: ¡;; ... ;!: ¡;f "'¡;j ~ ~ ::¡ rCD N M ~:g ~~ ~~ " :Ii ii '15 r f~~ ., I" .. .... ..I.. .... ...1.. & .. .. .. .. .. .. .... .. .. .... ~ ~ CD ~ fì' ~ ... ~ ... '" ... ~ Q. ~ ~j !j~~j '~ ~j ~j ~j ~j ij Ij ~j lj ~j~~1 ~ ;1 ~j 1ü1~I~~J~!1~51 ~I I ! w a\~ :5 ! Jj:5 ~ ..,. N .., r u., Ii ~ i ~ ~ '" 0 :S o 0 r; ; ;:j 'ë ~ !... ~ E E ~ ~ ;;; '" i '" ~ ~ ~ ~ :S c: ~ ~ G'4 i l i : ~ I J! Ii :J f ~ 0 0 0 i i ¡¡¡ '" ¡¡: ~ w t .~ 'Ë I ~ M ~ ::> 11 ~ i - i!i i Ii ~ ~ :J ~ I~ 1!! ~ I~ oI ;¡¡ :I Š Š ... ... 2! if oI oI .. ,;; ~ J 1 Æ i I II ... õii .. j " j ~ ... I~ I j i 6 1: ~ Q. ~ ~ '" ¡¡: .., .., I i u ~ ~ ~ . ~ oI oI 1 a: s ~ ~ ~ I I i !,,1. u ¡¡j ¡¡j :;: ]il '1' ~ ~ ~ I I ~tHI ê r-¡- Ñ i ~ ¡ ¡;; rdm ª ¡ ~ '" ;¡: a:i ., : c8 I z ~ ~ ~ f~~ -I ~ I>. ~ ~ 11 HI ~~.. ~"'H! lip· ii!8~~~ Agenda Item NO.1 00 June 28, 2005 Page 12 of 18 ~ ¡¡¡ z!! 88 88 88 88 88 88 88 88 88 88 88 88 §§ §§ §§ §§ §§ §§ !'Î~ "':Ii ~~ §§ a~ :;j0 IJ -"l .... -~ ~~ ~~ c;;c;; -$" -;! "'''' .., - '" ~~ '" ..... ...1.. .." ... .. ...... .... .. ... .." I" .. I" ... "I" I" ~ 88 §I§ 88 88 88 88 88 ~Ii! 88 88 88 88 §§ §§ ~~ dc:i ~~ cid cOo) ~§ ~§ ~~ ~g i -... -.... .... :;; en.... -en ~ -'" ¡:q~ ~~ gfg¡ 1õ Ñ -.... '" - II) ;.... '" ~ ~ ... ..... .. .. .. .. .. .. .... .. .... .. .. 1M .. I" .. .... .. J 88 88 88 88 88 88 ~~ ~:e 88 88 88 8 ....'" «iN ~i ('1)(') ~~ ~~ ~j ';00 as"": ~~ ~~ ~~ ~~ - .... ã;ã; :::!'J ;!) .'" "'.., gf~ ¡?¡"g¡ ~ ;:! -.... ri - II) U! '" I "';:! '" .... ..I.. .. .. .. .. .... I" .. .... .... .... I" .. "I" " 88 88 88 ¡¡¡¡¡¡ Ii! 8 88 Ii! Ii! Ii! Ii! 88 88 88 88 ~~ §~ ~~ ~â ¡~ ~~ ~~ 1riC'\i ~i ~~ ~~ ~~ u t5 ~ !i"~ "'''' ..,.., ;:;; cD .., "" - ~ .~ .., "'¡: ..... .. .. .. .. ...... .... I" ... ...... .. ... I" " I" .. I" "I" . III - :g ;! . .... .., ;! '" . ~ ~ N ~ CJ ~j "~ § ~j ~~I !j I) t j ij II) ~j ~j Q. !~ j 1! ~Ë §¡ c: 'E '! 1! .'j! 'E 'E ::>"2 ""::> I~ ::>::>¡ ::>! ::>1 I ) ::>i ::>I~ i ::>1 c: ~ ~ ::> Ii 1 Ò) ~ I~ ~I~ J ;¡¡ ~ ';! "E ~ ;¡¡ ~ w w '" w::> c: ~ ~ « ;:) « ¡ "" w '! Ii :> 0 0 .... c: 0 :5 ~ 1! ::> ::> I'"' § ::> II) ! '" ~ ~ ;... ! .. i! i ! ~ :i ~ ~ ::> ¡ 0 ..J ~ ~ 1.-., } S ! '2 :g Ii ~'~ ~ ~ Ii .... ! I¡ 0 E ::> c: 0 ~ .. ::> 0 ,¡¡ ;¡; '" .. Ii c: ~ o-~ ~ ~ ~ u ! ~ I J 1>.11 ~ .. 0 0 ¡¡q '" '" 0 ~ f;j '" l-S j § ~.~ i "~ ^ '" W :> <n ^ 0 0 i! ~ 0.. j "§ ï ~ ~ E ~ S 0 .!I! 'i 2 § ..... ..J 0.. ! j § ~ i I! Ë t Ð ~ :> - l'!é ~ ~ .. :§ ¡ Ii 0 0 õ I§ w w ... oð oð ~ 1>.' <: ~ ~ Ig g IL IL IL ;¡; ... .. J ;¡; ... IL IL IL '" "" oð j " = IL IL i I ~ !!:i IL :~ ¡ .. ] ~ 15 ;¡; II ] ] J j 1:1 .. IL £ £ .. j .. .. .:2 ~ ~ <n <n " ¡¡ i 0 0 ~ ~ Iê .. c: ~ É ~ ~ .. .. ~ E II :I: :I: .. « ~ .. 16 ~ ü i is 'Iii ¡ ¡ ,§ j ~ .. ~ " :J ~ " .. 0- I>. 0.. <n <n D.. D.. 0 ~ en .., 0 ~ ~I Pi ;¡; fì 0 ~ ~ I~ ~ "' ~ ;;;; ~ ;¡; ,;;; ~ .... en ~ I~ $ m ¿, ~ :s :2 :2 ;!) ;!) ;! õ '" & ~ .. (- ~ i z ~ ~ ~ 'i5 - ( J~i ¡g '" ili _I ¡J ~J- r~ 3ft \.. ~.o~"- :Z~ I 88 88 88 88 88 88 88 88 88 88 88 88 88 ii i §§ §§ ~~ §§ ~~ 2~ 2~ liis ~§ ~~ ~~ ¡;¡~ ~~ i "Í5! _<D -<D '" .... - "'.. .... I.. .. "'.. "'.. .... I.. .. I" .. .... .... .... '.. .. .. i.. ~ 88 88 88 ~n~ 88 88 88 88 88 88 88 88 88 ! §§ ~§ !3~ ~i! ~~ :¡¡<d :¡¡~ :¡¡:¡¡ §~ ~ g::e ~~ ~i 0 '" ¡;¡:; ...'" -", -<D '" '" - I "'I.. "'.. !.. .. ..'" ..I.. .... I.. .. 1..1.. "'.. .... .... !.. .. ..I.. J 88 88 ~~ 88 88 88 88 88 88 Ii! 8 88 88 88 ~¡ ~i :ß~ ~~ ~~ :!i~ :8~ :8:8 i~ ø~ ¡;¡~ ¡;¡~ t::B ",'" -.... I ;;;:; ..'" -'" -<0 '" <D - .... ",I.. .. .. ..'" I.. .. '" .. ..I.. "'''' I", .. ",I.. ..I.. "I" .. 88 88 88 88 88 88 Ii! 8 88 88 88 Ii! 8 Ii! 8 88 ~ §~ ~~ $!~ ~§ §~ ~~ &i:¡i ~~ IU ~~ Lri~ ~8i :as! .. '" "'co ~ ~$ ""-,,, "':: "'., '" "'~ - '" ..I.. .... 1..1.. .... I.. '" I.. .. 1..1.. ..'" .... I.. .. I.. .. 1..1.. .... .. N N .. "" ¡¡¡ <0 - ~ '" ~ ( co 5 ~j ~j ~j ~j !j !j ~j ~j ~j ~j ~j ~j ~j .. ,., § ! '! '!! '1!! '! :s ~! c c I ~) ~I ~I ~I ~¡ j ~J ~! ~J ~I ~I s s s J ~ s J 1!! ~ ~ ;¡¡ " ~ L5 ! ~ L5 '! '!! L5 ~ ,'E ~ '1!! å ! ~ i .. ~ " ~ ~ c f IIJ ~ ~ ,~ '! 0 i L5 ! ~ ~ I~ § If 5 '{! '" 0 ~ I! û'í ! ~ 0 i ii ~ æ 1 ! I" j ¡ ~ ! ~ J ! " ! ~ ~ i ~ Ii j ~ 0 ~ ,¡ i i g I ;¡: ~ ~ J Ii z ~ § i 0 Ij w 1 j ~ I~ ¡ J ÌII II Ii:; J ~ ~ J ~ 1i! j i Ii i i i If J " I ~ ~ !] 'D I) ~ I j j 8 i .... n. '" ID "- j I .. .. j !5 J ! " i ~ > I ~ Iiij ~ ~ .I i= (,,) .Ii ü: 0: 0: 0: ~ (,,) ¿¡j ¿¡j Q ~ ~ 111 ~ ! m~ Q ; i ~ I Q ¡ ¡ j ";- ~ ~ ~ 10 .... co '" <D Agenda Item No, 100 June 28, 2005 Page 13 of 18 ~ ið :t 'õ ~ 1 I a:i ., ~ Æ ! :@ ~ ~2~ ~~~ 'II ~ t ;¡; '" 5 .II :; J!I >- a 51! ~U ¡IHX h~!J z! 88 88 88 28 88 88 88 88 ~ 88 28 88 ¡¡j¡¡j ~~ ~§ c:;~ ...~ ~~ ~~ ~ª ¡ ~8 c:;~ ";:2 if ~... ...- ... ... Ñ:ß "' ¡::! "' '" :ë !B &! ... co 8:z: "'- ..I.. I.. .. .. .. ..... .... ... .. ...... ..... .. .... "!t' .... d 88 88 88 "'"' ¡8 88 88 88 ~ 88 ",on :e5! .Ii ...... ":"1 ~~ trilri ~~ cii ("jot ~~ a§ ~a , ~~ o~ C"oiøi Õ ~... ... g ... ß ~"' ... '" "':5 ... ~ :: on" M æ co II! fð '" ... .Ii! ~ 0 .... I.. .. .... .... "I" ... .. .. .. ... .. .. .. ... .. .. .. .. .. 88 88 88 "'''' :ß\(¡ 88 88 88 '" S8 "'''' "'''' I ...... "I ...'" ...... S~ S~ ""':N cii cri...r "'...: ,...;.. :¡jN ¡;¡ r-:u') c:;~ N~ ;¡:~ ~ ¡;n;¡ M~ "'... III: "'''' ~I); ... Ñ:; .¡ ~ :: '" '" ... af ~ ¡;j I PI ... ~ I.. .. 1..1" ... .. .. ..I I" .. ..I" .. .. .. .. .. .. .. ...1" .. ... 88 I~~ 88 i8 28 88 :58 S5ì ~ 88 28 5ìS ~~ *a c:i~ cØ""= ..0..0 "":M, "";N rD ~~ c:;~ lIS"": ~ ~... ~ &'II); ~:¡¡ "'~ ìÐ ¡;¡ ...'" ~'" ~ '" Ñ5! '" '" .:¡s¡ co '" !It Ii &! ~ .. .. 1..1" .. .. ...... I" .. ..I.. .. .. ..I.. .. .. .. .. ... .. ... ...' '" '" "' ~ ~ ~ ~ i ~ æ ~ '" '" i :3 ... N ¡:: ... ~j ii~ 8] ~J ~J ~j j 'E ! ... B) i ~j '¡:: ~j i æ ... .. g 'ë 'j!; Ii §I c: 5~ ~I ~I ~I I ~I I ~I II I ~ ~ OJ ;jj ;jj ;jj ~ ~ ~ ~ ;jj 11 w w 11: ~ Ii I ,.. 'ë c: "- ~ "- ~ .... '" ~ "- .... i~ ~ '~ "- Ii 'E "- .... § ~ ..J .... ,.. ~ 'ë "i ~ L'1í '" :§ in ~ ::;¡ " ~ '" 5 ~ I); ~ ~ Ii a I~ c: in l~ ~i~ ~ ~ &j I ~ ! i in co i:j " I¡ It ¡ i ,Iii a ~ .~ a ~ II ~ j I~ I~ j ~ i a a ~ ,¡f IS ! I~ ~ iõ I~ .,.~ ) Ii ò ~ <n ~ Z " i <n ~ '2 i ~ '2 ~ OJ .II ~ ! 'õ '" l~ ! ::> & c.. c: u .!I ~ '1 ¡¡¡ I~ ,5; ~ ~ "" ;¡¡ I~ "" :¡; "- "- !!:. ¿'J .. "" .. ::E ~ i ... !! "- t! ¡¡ ! "- OJ i ~ ~ ~ 1; i, ! is ! ¡ 'Æ " ~ ð ~ '" '5 J! " " ... u 2~ 8 ~ ::; ~ d i '1' ~ :¡; ~ ~ ~'" '" '" 18 to ;;: ... ... ... Agenda Item No. 100 June 28, 2005 Page 14 of 18 ~ ¡¡; ;! '!5 ~ a. ! :I: OJ !!I -í ( i z ! ~ -- j~~ ( I ~ ;¡; ., '" 8 s IiI !!U! (',Hit zj Ii 88 88 88 88 88 88 ~~ 88 8 ~~ §§ ~~ ~~ §§ §§ ~~ ~~ § ~ ~~ ~ N~ ~~.~ ~ ~ I..... ..... ..... .............. ..... "I" .. S8 88 88 88 88 88 88 88 ~ ~~ e~ ~~ ~~ ~~ §§ ~~ ~§ ~ æ ~~ ~ N~ N! ~~ ~ - i Ù .Ii ! :I I I I.... .... .... ..I.. ..I.. .... .... ..r.. .. ~~ 88 88 88 88 88 88 88 ~ ~i ~~ ~~ ~~ ~~ ~~ ~, ~~ N g ~~ ~ N~ N~ ~~ N~ $: ~ ~ I.... ..I.. .... I":" ..I.. .... .... .... .. ~~ 88 88 88 88 88 88 88 g N~ ~~ ~~ ~~ ~~ ~~ ~~ i~ ~ ~ ~~ ~ MÑ ~~ ri~ . ~~ ~ ~ a .... I.. .... I.... .... .... .... .... .. N i ~ ~~ ~Š ._~ ...~ ...51 5~ ;; J\ ~ c: => ~ j II~ 1;S !f ~ ¡ ,) ;¡; ... ~ ~ j j i ~ '" ... I o B ..J ~ ~ i!II~ ..:. ¡::,,:, .}, -~ ;: en ... ... :¡¡ 0; m ~ ,t< 5 /Jj Ij ~ i3 ::Ii 11~~I~lí!II,'II~~1 ¡ ~ j Jj ! ì ;¡¡Ië ! ~ ! ~ !~ ~ ¡ ~ ¡ I) ~ ~ ~ ~ ~ ~ ~ I~ i ~ ~ j j ~ ;: ~ ~ ~ ~ ~ i i if! 1 J :! g: ~ ~ ~ I~ Ii :f :f æ a: ~ f f f f i o c.> c.> c.> i l ~ ~ ~ ~ i i I~ ~ 5 ! ~ II ~ ~ & ~ '" ... .8 :; ... ~ N ~ .... ; ¡;: ~ ~ ~ ... Agenda Item No. 100 June 28, 2005 Page 15 of 18 88 88 88 88 I~~ 88 88 88 ~~ ~~ ~~ ~§ I~~ §§ §§ ~§ ~ ~~ N~ ~ ø~ ~~ N~ ~ .... .... I.... ..I.... to.. '.... "I.. 88 88 88 88 88 88 88 88 ~~ ~~ ~§ i§ ~~ ~~ §§ ~§ ~ M~ -M ¡.~ "'~.; $ .... ......... .............. ..I.. 88 88 88 S8 88 88 88 S8 ;1 §§ ~~ ~~ §§ ~~ ~~ !~ ~ .~ _M ~ ~~ "'~.~ ~ i ... I ~ ë 'õ .... !j ~ ~ ~ B '" .¡¡¡ '!j ... .... .... .... .... I" ........ .. ~!f 88 88 i8 88 88 88 88 ~~ @~ ~~ S~ ~§ ~i ~~ ~~ 2 .~ -~ I~ ~~ ~~., ø ...... .... I.... I.. .... ,,,.. I.." ~ M N ~ ~ N :: I~ Ij fll fl fj ij lj fj lj I ... I ~ !o ~ ! j ~ 'fj li '" '" '" 1 1 1 ... ... ... i ... J ~ ] ~ a. ~ f 1 ~ !2 ~ j ~ 51 B ~ Ji! ~ .!:i :!! ! ... J !2 ï ~ o ¡ '" ~ II J I I I ~ ~ j '" I I .!:i '" ~ u. i j ... .Iõ ~ j 50 ~ :j '" I J !!! !!! ~ J '" t ?! j j '" i '!j ... '" ~ ~ i i ¡ i i i ~ ~ ~ ;! 'i5 ~ i- n. .. I'! õ: I I tr 'I! 'õ .., j ~ , ~ J '" 1 ... ~ ill ¡ I%Í '" i I z ~ ~ ~ ., rs- h., f ~ ~ a: (.J 0 it";, a: ~ i'! ~ - ~ Js -~ iQ"- co (:IS' C) ..J ,diu. B;tU .-.-. Agenda Item No.1 00 June 28, 2005 Page 16 of 18 ~ .. ¡¡¡ zj 88 88 88 88 88 88 88 88 88 8 ~I; §§ ~§ ~g §§ ~~ §§ ~§ ~~ ~5i ~ II ~... -... Iii .. - ~~ ""N "'''' "' !¡ '" .... '" ~ :c I" .. .. .. .. .. I" .. I" .. ..I.. .... .... I.. .. I.. ..I.. J 88 88 88 88 88 88 88 88 88 âi~ 88 :8~ ¡~ ê§ §§ ~~ ~~ ~~ ~~ :8~ Lriui ! ::Iì; ~ 0> - N... -- ........ ..'" ði N ... .... -'" .... '" ! .... 1..1.. ..'" I" .. I" .. .. .. .. .... .... 1..1.. ..I.. I il!8 88 il!8 88 88 88 88 88 88 88 88 :¡j~ u;g ~~ ~~ uiW'ii ~~ ~g ~~ !jig ~~ "":I.ri Ii... C;1t; "'- ~ ....0> ::!~ $ D> - :?S -- ""N ..... æ 0> '" I N '" .... I.. " I" .. .... .... I..;.. ..I.. .... .... I.. ;.. ..I.. il!8 88 88 88 88 88 88 88 Ii! Ii! 88 Ii! Ii! ~ Sì~ ~~ ¡ég 5i1i! ~~ ªa ~~ ~~ si~ ~~ ~~ co -... "'N N'" ~ ~ - :2¡¡¡ - - NN .... ª N . '" N I" .. .... "I" .... .... I.. .. .. .... .. .. I.. .. ..I.. ~ 0 ~ ... - - '" In ~ ~ '" 5 N ;;; N en j .. .. .~ ~ ~j ~j ~j lj .. ~j ~j ~j !] i ~~ 'Ë '! 'Ë i: 'ë '! ) I ~I :)1 ~I ~I :)1 ì :)1 ~j ~j ~ 3J 3j ;B ~ i ., j .! ~ Ii J ! t j <L ! I~ ~ <L <L "- ~ "- ! J "- ~ I Ji "- ~ I i I "- ,Iii "- I <: ,¡; i <: ~ ~ i ! i i .~ j .. i I Ii g !!J j 0: ~ u. .. 0: a: D- u. u. ~ u. ë a: <: ¡., t: ë: ~ !:! !! £j ë: N '" .~ ~ ~ £ 'õ ~ !! £ !! II .., ~ i <: .~ j <: ij .. I: > ~ r: ç J ~ "- i "- ., ~ ~ ~ .~ " II: I,- "- "- a5 a5 a5 j N ., §? '-' I: j j !! ~ ~ ~ ~ "- it z ~ ! ï "- 'i "- !:! 10 ~ ~ ~ ;0: 3 II) !:! ¡¡; ~ B ¡ J J I ~ õi 'Ii! I ~ 1ii ~ .Ii .5 g .5 .5 a5 a5 a5 a5 a5 a5 a5 a5 a5 a5 .¡¡¡ -Ii -Ii -Ii .¡¡¡ .¡¡¡ r: i ,i ii a5 " '5 § .~ § .~ § ~ § .~ ~ Ë ~ " " u. u. u. u. u. U. ... U. U. u. II ~ ~ ~ ~ ~ ~ ~ ~ ~ '" 't ¡g a: 0: a: 0: a: a: 0: u. ~ ~ ~ ;! '!5 :2 i i :x: cD GO N -- :¡¡ ,. ðI , ! Agenda Item No, 100 June 28,2005 Page 17 of 18 ~ ið zj 88 88 88 8 i!5!~888~ ~~ ~~ ii td !~¡~~~~ II ¡;; ¡¡ '" GO ~ ~!~~~~~ >>->>>>> '" c:n 'I""" C') 1.t) I" .. "I" .... .. ............¡:¡ 1 88 88 88 8 ~1n~~888 ! ~~ ~~ ~~ i ~~i~¡§§ 1ñ ~ ~ ~ ~~~~~§'ª. >-»>>->>- N j oJ S2 -N ~ I.. .. .. .... .. .............. 1 88 ~~ 88 8 ~¡:::~~!:\!:\~ ...:~ ~i a ~~Ii~¡:¡~~ II: ~(¡; -'" ~ ~ :Q ~ ¡;¡:!~ii~~i >->->->->->->- I ;¡; oJ S2 ..: IN ~. I" .. "I'" .... .. .............,.... ~ 88 88 88 ~ :;;as!~~82 ..:'" ~~ ~~ Hi ~<Dtd~..:§o ~ "'''' Cñ ø. i ëõ :! õ(2~ ~'" $ ~ GO ID ~~fí!hn~~ »>)->-» 'IS N fìj '0- :! ,- Il!!iiI N N <r" N lID I J! .... .... ..... .. ;; ... .. "i" .. ;; I \ . ~ '" '" ~ N ~j ~j 8j Î JJill1 nj·u ." a. ... ~ ~!I~I~ ! ~I I 5) ~I IZ~~ I Iii .Jí j I~gs 'lliI~! ... . n~lii I I 'II ~ ! I t ! Iii)) a. J ¡o; ~ 'I a. \, " JII!! 'I \:-,. I ... III '\~ !¡¡ ... ~ 1! ~ ';; ~ '.. ª I ¡ XI æ "' ù ~ ! l! (.." èi; Iø ~ ~ § .s; .s; ! 1 '" '" ¡¡¡ ii f j > !l s '~ 's 1 ,~ ... ... ... lIt I ~~ ix ~ "I æ (- ~i~!l if I :r; cD , - . ~)~ Agenda Item No. 100 June 28, 2005 Page 18 of 18 May 3, 2005 UCEIVED Mr. James Mudd County Manager Collier County Government Complex 3301 East Tamiami Trail Naples, Florida 34112 MAV [,:~ 2æS Transportation Servfc8s Of vision Dear Jim: --~ I am writing to confirm our'ëõnversation·l~~;,.j ~~sion that the County will pay for the design and construction to the s rense~s~e Goodlette-Frank Road Widening Proje . er that the City will be pa~for déšign and relocation costs of our water . ~ect, well. With this letter, I am asking our staff to coordinate our efforts wi County staff to ure that value ngineering is included in this joint project. REUacl cc: Dan Mercer Bob Middleton Vladimir Ryziw Norman Feder Jim Deloney 735 EIGHTH STREET SOUTH . NAPLES, FLORIDA 34102 Agenda Item NO.1 DE June 28, 2005 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to approve a budget amendment recognizing $1,887,984 in grant revenue from the Florida Communities Trust as reimbursement for the purchase of the Barefoot Beach Outparcel, appropriating $300,000 to fulfill requirements of the grant and appropriating the balance to fund capital elements of beach access projects Obiective: To further the goals of the Barefoot Beach Land Management Plan through participation in the Florida Communities Trust Florida Forever grant program. Considerations: The Parks and Recreation Department was awarded a Florida Communities Trust Florida Forever grant for reimbursement for the purchase of the Barefoot Beach Preserve outparcel. This parcel was purchased for $4,773,000 in December of 200 1. At its December 16, 2003 meeting, the Board of County Commissioners approved a grant contract covering the stipulations associated with the grant award (Item 16B3). Staff subsequently has fulfilled pertinent requirements of the contract, and the County has received $1,887,984 in grant funds. Continuing conditions of the contract include the following actions to be taken on the site: exotic removal, development of recreational and educational elements, preservation and restoration of natural communities, and preservation of archeological resources. Exotic removal is complete and staff is ready to begin development of the recreational and educational elements. The Board approved the grant contract under the advisement of staff that the portion of the grant proceeds not necessary for completing required work on the project site is returned to the General Fund. Staff is now requesting that these monies be appropriated to fund the capital elements of beach access projects. Fiscallmcact: Staffwill prepare a budget amendment recognizing $1,887,984 in grant revenue, appropriating $300,000 to the Barefoot Beach Outparcel Development project, and appropriating the balance to fund capital elements of beach access projects. Growth Manaaement Imcact: The Florida Forever Program rewards projects that demonstrate consistency with the local comprehensive plan. The Barefoot Beach Preserve outparcel is inventoried in the Growth Management Plan. Recommendation: That the Board of County Commissioners approves the budget amendment recognizing $1,887,984 in grant revenue, appropriating $300,000 to the Barefoot Beach Outparcel development project, and appropriating the balance to fund capital elements of beach access projects. Precared by: Amanda Townsend, Operations Analyst, Parks and Recreation Agenda Item No. 10E June 28, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 10E Recommendation to approve a budget amendment recognizing $1,887,984 in grant revenue from the Florida Communities Trust as reimbursement for the purchase of the Barefoot Beach Outparcel, appropriating $300,000 to fulfill requirements of the grant and appropriating the balance to fund capital elements of beach access projects (Marla Ramsey, Administrator, Public Services) Meeting Date 612812005900:00 AM Approved By Kathy Carpenter Execut.ive Secretary Date Public Services Public Services Admin. 6/16120053:56 PM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 611612005 4: 13 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 6/17/200512:15 PM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 611712005 1 :32 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 6/20/200510:02 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 612012005 6: 36 PM "-'._-'-~-'._-_._' Agenda Item No.1 OF June 28, 2005 Page 1 of 15 ..-. EXECUTIVE SUMMARY Recommendation to approve a Developers Contribution Agreement with Wal- Mart/Gateway, WCI Communities, Ine., and Stonebreak Homes LLC AKA Rimar to design, permit and construct roadway and intersection improvements on SR 951, the intersection of US 41/SR 951 and SR 951 north of Henderson Creek to approximately 1300' north of US 41. OBJECTIVE: To obtain BCC approval of the Developer Contribution Agreement attached to this Executive Summary to design, pennit and construct intersection and roadway improvements on (SR 951) Collier Blvd north of Henderson Creek through the US 41/SR 951 intersection to approximately 1300' north on CR 951. The three developers represented have agreed to assume the burden to design, pennit and construct that section of roadway described. The improvements will mitigate for the developments' transportation capacity impacts and provide additional capacity on that segment. - CONSIDERATIONS: The segment of SR 951 from US 41 south to Manatee Road is currently over capacity mainly due to the constriction of four lanes at the US 41 intersection. During the Annual Update Inventory Report workshop in December, staff indicated that a way to accelerate the need for additional capacity in this area was to continue the six laning that is currently programmed from Davis Boulevard to US 41 further South. This is estimated to add 480 peak hour peak direction trips with an additional lane through the US 41/SR 951 intersection extending south down in front of the Wal-Mart property. The number of peak hour peak direction trips produced by these developments is projected to be 300 peak hour peak direction trips. Based on this, staff worked with the proposed Developers' representatives to come up with a proposal to design, pennit and construct the intersection and six lane improvements. The three Developers involved include Wal-MartlGateway, WCI Communities, Inc. (Lands End) and Stonebreak Homes LLC AKA Rimar (Tuscany Isles) who through the attached agreement have agreed to construct the project. This project will be constructed using funds above and beyond their impact fees. FISCAL IMPACT: The design, permitting and construction costs (estimated at $1,644,0(0) for this project are being provided by the Developers. GROWTH MANAGEMENT IMP ACT: The six laning of this segment of roadway and intersection improvements is consistent with the GMP and is consistent with the MPO's Long Range Transportation Needs Plan. RECOMMENDATION: That the BCC approve the Developer Contribution Agreement to fund the road project. ~ Prepared By: Nick Casalanguida, Transportation Planning Project Manager Attachments: 1) Developer DCA; 2) Improvement Exhibit Agenda Item No.1 OF June 28. 2005 Page 2 of 15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 10F Recommendation to approve a Developers Comribution Agreement wIth Wa!- MartiGateway. WCI Communities. Inc... ana Stonebreak Homes LLC AKA RItTlar to design, permIt and construct roadway and intersection improvements on SR 951. the intersection of US 41iSR 951 and SR 951 north of Henderson Creek to approximately 1300' north of US 41, (Norman Feder, Administrator, Transportation Services) Meeting Date 6128/200590000 AM Approved By Nick Casalal1guida Project Manager D<lte- Transpot1'ation Sr.rvicE!s lransport.llion Planning 6!17f2QOS 3;48 PM Approved By Donald L Scott TnlJlsrlOl'tatior¡ Plnnlli'I~1 Direclol Dutl! Transportion Servicc,'S Tnmsportahon Phlnning Gi17i2DOS 3:61 PM Approved By Pat lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 6/17!2005 04:22 PM Approved By Norm E. Ff!d~!r, .AICP TransportatiDn Division AdmÎniJ.ttutor Dat~ Transpot1iDn Services Transportation Setvic:es Admin, 6!17i2005 04:29 PM Approved By Jeff Klatzkow A~si!itanl County Altomey Date County AUoM)P'V County Attorney Ottkl!' &!ZQ{200511:41 AM Approved By Lisa Taylor Managemel1t/Budget Analyst Date Trun5p0t1ion Services Transportation Administration G.l20/2005 2:26 PM Approved By OMS CO<lrdinafnr Adminl!ltr.ative Assì$talit Dati! County Manager's Office Office 01 Management & Budget G/21.'200S 10:11 AM Approved By Mark Isack:son Budget Analyst Dat!? County Manager's. 01fìce Offic.e of Man;¡¡gement & Budget 6/21/200511:54 AM Approved By Michael Srnykowski MiJnagømen1 & Budget {)in~ctor Date Coun1y Man'J!Jur'!) Officl~ Oftic(! c)f Manag4!nwnt II. Bud!!!!t 6!2112005 ·12:50 PM Approved By James V. Mudd County Manager Date Board of COlln1y Commissionef'1' County Manager's Office 6122/2005 8:-45 AM co LL I.{HD co OO~ '" ~O_ .N 0 a o .,..., ~~'* C) .. "1 ~:ii \:, d 'I .; co " " ~ co f, j/ '\ ..., t; 01 OJ -< '" co -.J :" G V) ~ ~ ., <ò "0 l~ ~~ ~-1 L I :~ i c! i!! .. ..... ¡]J ~ ~ ð æ II: ~ ~ II: CI) ~ - 11 J .r j!~l !¡H I !tt~, "; <Ù~4 Q)s...~ 1/)0· I/) - ro>-.. C ro ~O Agenda Item No. 10F June 28, 2005 Page 4 of 15 AGREEMENT TIllS AGREEMENT ("Agreement") is made and entered into this _ of June, 2005 (the "Effective Date"), by and between GATEWAY SHOPPES II, LLC, an Indiana limited liability company (hereinafter referred to as "Gateway"), W AL-MART STORES, INC. (hereinafter referred to as "Wal-Mart"), RIMAR, INC., a Florida corporation ("Rimar"), and WCI COMMUNITIES, INC., a Florida corporation ("WCI") (Gateway, Wal-Mart, Rimar, and WCI are referred to collectively hereinafter as "Developers"),' and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY (hereinafter referred to as "County"). R E C I TAL S: WHEREAS, Gateway owns certain lands described in Exhibit "A" (hereinafter referred to as the "Gateway Parcel") attached hereto and incorporated herein by reference; and WHEREAS, Gateway has a contract to sell the Gateway Parcel to Wal-Mart; and WHEREAS, Wal-Mart is processing development plans for development of the Gateway Parcel, referred to by the County as SDP AR 5501 (the '"Gateway Development"); and WHEREAS, WCI owns certain lands described in Exhibit "B" hereto (hereinafter referred to as the "WCI Parcel"); and WHEREAS, WCI is processing development plans for development of the WCI Parcel, referred to by the County as the Lands End PUD (the "WCI Development"); and WHEREAS, Rimar owns certain lands described in Exhibit "c" hereto (the "Rimar Parcel"); and WHEREAS, Rimar is processing development plans for the development of 481 residential units on the Rimar Parcel (the "Rimar Development"); and WHEREAS, the Wal-Mart Parcel, WCI Parcel, and Rimar Parcel all access Collier Boulevard (S.R. 951); and WHEREAS, the Wal-Mart Parcel, WCI Parcel, and Rimar Parcel produce the PM peak hour direction trips as outlined in Exhibit "D" ; and WHEREAS, County has represented that due to the level of service on S.R. 951, that without improving the intersection of U.S. 41 - S.R. 951 and improving the roadways to the north and south for a distance to be detennined by a design engineer and as approved by the County Transportation division and approximately shown on Exhibit "E" hereto (the ''Project''), the Wal-Mart Development, a portion ofthe WCI Development, and the Rimar Development do not satisfy concurrency requirements; and Page 1 of 11 Agenda Item No.1 OF June 28, 2005 Page 5 of 15 WHEREAS, to create concWTency for their respective developments, Developers have agreed to design, pennit and construct the Project; and WHEREAS, prior to committing to undertake these efforts, Developers would like assurance that County wiIl reserve sufficient road capacity for these three developments, which County is willing to do; and WHEREAS, Developers and County respectively acknowledge and represent that each has the full power and authority to enter into this Agreement; and WHEREAS, the road Project wiIl create traffic capacity in excess of the number of trips which wiIl be used by Gateway, Wal-Mart, WCI and Rimar in their developments; and WHEREAS, Wal-Mart, Gateway, WCI and Rimar are cWTently in line to utilize any trips created for ColIier Boulevard (S.R. 951), whether said trips are created as a result of the Project or otherwise; and WHEREAS, at this point in time, WCI has reserved trips for residential units within the WCI Development; and WHEREAS, after reasoned consideration by the Board of County Commissioners, the Board finds that entering into this Agreement is in the public interest. WIT N E SSE T H: NOW, THEREFORE, in consideration of Ten DoIlars and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. AIl of the above RECITALS are true and correct and are hereby expressly incOIporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Gateway or Wal-Mart, and WCI and Rimar, consistent with the requirements of all applicable laws and regulations, at their sole cost and expense, will design, obtain the permits for, and construct the Project. Construction within S.R. 951 will be programmed to start no earlier than April 1, 2006 and be substantially completed by October 31, 2006. For purposes of this Agreement, the term "substantially complete" shall be deemed satisfied if the through lanes contemplated in this Project are open for traffic. Developers will provide prompt written updates as to the status of the Project following written request by County Transportation staff. 3. County agrees to fully cooperate with and reasonably assist Developers with respect to the issuance of any permits required to be issued by the County to permit the design and construction of the Project, and wiIl promptly process any County permits necessary for the design and construction of the Project. County will be a co-applicant on any State or Federal permit application. Page 2 of 11 Agenda Item No.1 OF June 28, 2005 Page 6 of 15 ,- 4. To ensure completion of the Project, Developers, within thirty days of the Effective Date, will collectively post one or more letter(s) of credit suitable to County with County in the total amount of $1 ,650,000.00. The County will release the letter of credit back to the entity(ies) that posted the letter of credit upon the completion of the construction of the Project, or upon tennination of this Agreement (with said release due to tennination governed by the terms of paragraph 18 of this Agreement). If Wal-Mart posts a letter of credit under this provision, the County agrees that Gateway can post a letter of credit to replace the Wal-Mart letter of credit, in which event the Wal-Mart letter of credit will be released back to Wal-Mart. If County calls upon any of the Letter(s) of Credit to complete the Project, County will return any unused portion of the Letter( s) of Credit to the entity that posted the letter of credit. 5. Within thirty days horn receipt of the $1,650,000.00 letter(s) of credit set forth above, the Transportation Administrator will notify Wal-Mart, Gateway, WCI and Rimar that County has reserved sufficient traffic capacity in the Concurrency Management System for the Wal-Mart Development, WCI Development and Rimar Development. This reservation of sufficient traffic capacity will continue so long as Wal-Mart, Gateway, WCI and Rimar are diligently and in good faith pursuing the design and construction of the Project, it being understood and agreed that issuance of all of the pennits required for the design and construction of the Project is not within the control of the parties to this Agreement, and Acts of Nature or force majeure may delay completion of the Project. 6. A. Upon prepaying to the County of one-half of the road impact fees estimated to be due for all authorized development at the Wal-Mart Development, Wal-Mart or Gateway shall obtain a certificate of public facility adequacy ("Certificate") for roads for all development density and intensity authorized by the Wal-Mart Development; said payment shall occur when normally required by the County's code, but no later than April 1, 2006. Payment of these fees vests the development entitlements for transportation concurrency purposes for which the Certificate applies on a continuous basis for three years unless otherwise relinquished. This initial 50 percent impact fee payment is non-refundable after payment and receipt of the Certificate. B. Upon prepaying to the County of one-half of the road impact fees estimated to be due for all authorized development at the WCI Development, WCI shall obtain a certificate of public facility adequacy ("Certificate") for roads for all development density and intensity authorized by the WCI Development; said payment shall occur when nonnally required by the County's code, but no later than April 1, 2006. Payment of these fees vests the development entitlements for transportation concurrency purposes for which the Certificate applies on a continuous basis for three years unless otherwise relinquished. This initial 50 percent impact fee payment is non-refundable after payment and receipt of the Certificate. C. Upon prepaying to the County of one-half of the road impact fees estimated to be due for all authorized development at the Rimar Development, Rimar shall obtain a certificate of public facility adequacy ("'Certificate") for roads for all development density and intensity authorized by the Rimar Development; said payment shall occur when nonnally required by the County's code, but no later than April 1, 2006. Payment of these fees vests the development entitlements for transportation concurrency purposes for which the Certificate applies on a Page 3 of 11 .....-.-,--.."-- Agenda Item No.1 OF June 28, 2005 Page 7 of 15 continuous basis for three years unless otherwise relinquished. This initial 50 percent impact fee payment is non-refundable after payment and receipt of the Certificate. 7. Not later than 90 days prior to the expiration of the three year period for the Certificate, the County shall notify each of the Developers via registered mail of the remaining balance due for the estimated transportation impact fees up to 50 percent, based on level of building permits already issued. The balance of the impact fees due will be calculated at the rate schedule then currently applicable. The Developers may separately elect to pay the balance of the estimated transportation impact fees for the entitlements for which the Certificate applies or modify the Certificate to a lesser entitlement and calculate the balance of the transportation impact fees on the revised entitlements. Each respective Certificate shall be modified to include only the entitlements for which the estimated transportation impact fees are paid. Once the balance of the estimated transportation impact fees are paid, those estimated fees are non- refundable, unless the County tenninates this Agreement. Each respective Certificate runs continuously with the land in perpetuity after all estimated transportation impact fees have been paid. As building permits are drawn down on the entitlements, the estimated transportation impact fees already paid shall be debited at the rate of the impact fees in effect at the time of utilization. It shall be the Developer's or a subsequent record titleholder's (of all or a portion of the Property; i.e. lot/tract purchaser) obligation to notify the County that a credit is available, each time a building permit is applied for. If the estimated transportation impact fee account becomes depleted, the Developer shall pay the currently applicable transportation impact fee for each building permit in full prior to its issuance. In the event that upon build-out of the development estimated transportation impact fees are still unspent, the remaining balance of such estimated fees may be transferred to another approved project within the same, or adjacent, transportation impact fee district, provided any vested entitlements associated with the unspent and transferred transportation impact fees are relinquished and the Certificate is modified to delete those entitlements. 8. With respect to Collier County Land Development Code Section 1O.02.03B.4.a, the current Site Development Plans and Plats on file with Collier County, and all future Site Development Plans and Plats filed with Collier County pertaining to the Parcel during the time this Section is in effect, shall not be withdrawn or cancelled solely due to the failure to obtain state and federal pennits, provided that Developers are diligently pursuing the pennits and provides evidence to the County when requested that it is diligently pursuing the permits. 9. Wal-Mart or Gateway shall be responsible for all site related improvements including turn lanes and traffic signals relating to the Wal-Mart Development. 10. Wal-Mart agrees not to open to the public until the Project is substantially complete, although W al- Mart may take possession of its store and other improvements and prepare for the opening of its store regardless of the status of the Project. A Certificate of Occupancy will not be issued to Wal-Mart until substantial completion is accepted in writing by the Transportation Services Division. For purposes of this provision, the term "substantially complete" shall be deemed satisfied if the through lanes contemplated in this Project are open for traffic. Page 4 oft! Agenda Item No.1 OF June 28, 2005 Page 8 of 15 11. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. In the event of any conflict between this Agreement and any law or County Ordinance, the law or County Ordinance shall prevail 12. 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 which are the subject of this Agreement. 13. The parties acknowledge that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve the parties, 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. 14. 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. 15. Except as otherwise provided herein, this Agreement shall only be amended by mutual written consent of the parties hereto or by their successors in interest. All notices and other communications required or pennitted hereunder shall be in writing and shall be sent by Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service, and addressed as follows: To Wal-Mart: Eric Strauss. Real Estate Manager. FL and AK Wal-Mart Stores East. LP 2201 S.E. 10th Street Bentonville. AR 72716-0550 Office: (479) 204-0319 Fax: (479) 273-8380 With copy to: Kimberly McCormick. Assistant General Counsel Wal-Mart Stores East. L.P. 2001 S.E. 10th Street Bentonville. AR 72716-0550 Office: (479) 277-2356 Fax: (479) 277-5991 Page 5 of 11 Agenda Item No.1 OF June 28, 2005 Page 9 of 15 To Gateway: Gateway Shoppes. II. LLC. an Indiana limited liability company c/o William L. Schrage Schrage Development Company 8900 Kevstone Crossing Suite 1200 Indianapolis. IN 46240 With a copy to: Richard D. Y ovanovich, Esq. Goodlette, Coleman & Johnson, P.A. 4001 North Tamiami Trail, Suite 300 Naples, Florida 34103 Office: (239) 435-3535 Fax: (239) 435-1218 To WCI: Ed Griffith 24301 Walden Center Drive Suite 300 Bonita Springs, Florida 34134 With a copy to Richard D. Y ovanovich, Esq., at the address set forth above. To Rimar: Daniel Miranda Stone Break Homes, LLC 1150 NW nnd Street Miami, Florida 33126 With a copy to Richard D. Y ovanovich, Esq., at the address set forth above. Notice shall be deemed to have been given on the next successive business day to the date of the courier waybill if sent by nationally recognized overnight delivery service. 16. Developers shall execute the Agreement first and it shall be recorded by County in the Official Records of Collier County, Florida, within fourteen (14) days after County executes the Agreement. Developers shall pay all costs of recording this Agreement County shall provide a copy of the recorded document to Developers upon receipt of the recorded document. 17. In the event of a dispute under this Agreement, the parties shall first use County's then-current Ahemative Dispute Resolution Procedure. Following the conclusion of this Page 6 of 11 Agenda Item No.1 OF June 28, 2005 Page 10 of 15 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. On or about March 1, 2006, a representative of each of the Developers will meet with County staff and a determination shall be made by the County Transportation staff as to the status of the Project. Should that detennination find that the Project will not be substantially complete by October 31, 2006, then the parties will go before the Board of County Commissioners for direction as to whether this Agreement is to be terminated or extended for one year, with construction to be programmed to start no earlier than April 1, 2007, and be substantially completed by October 31, 2007. Prior to or at the conclusion of this March 1, 2006 meeting, the Developers may collectively freely terminate this Agreement by providing written notice to the County. In addition, anyone of the Developers may freely terminate this Agreement prior to commencement of Project construction as to their respective development (and thereby losing the concurrency for their development created hereunder), in which event the remaining Developers have the right to elect to continue this Agreement by completing the Project. This provision is without prejudice to any agreements between the Developers which addresses their respective rights if anyone of the Developers does not complete its obligations under this Agreement. In the event the Developers collectively terminate this Agreement, the Developers will provide all relevant plans and documents to the County and said plans and documents will become the property of the County at no charge. Once construction has timely commenced, the County has the option to utilize the letters of credit to complete the Project once it becomes apparent that the Project will not be substantially complete by October 31, 2006 (subject to Acts of Nature and force majeure), or October 31, 2007, if this Agreement is extended pursuant to this Paragraph 18. Provided Developers are not at substantial fault for the construction delays, and work with the County to complete the Project, Developers' concurrency reservation rights hereunder shall not be affected. 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 COUNTY, FLORIDA By: By: FRED W. COYLE, Chairman , Deputy Clerk Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney Page 7 ofll AS TO W AL-MART WITNESSES: Print Name: Print Name: STATE OF FLORIDA ) ) ss. COUNTY OF ) On this subscriber, driver's license no. Agenda Item No. 10F June 28, 2005 Page 11 of 15 Name: Position: day of , 2005, before me personally appeared the , who is [ ] personally known to me, or [ ] has produced as identification. (SEAL) My Commission Expires: NOTARY PUBLIC Name: (Type or Print) Page 8 of 11 AS TO GATEWAY: WITNESSES: Agenda Item NO.1 OF June 28,2005 Page 12 of 15 Print Name: Name: Position: Print Name: STATE OF FLORIDA ) ) ss. COUNTY OF ) On this subscriber, driver's license no. day of , 2005, before me personally appeared the , who is [ ] personally known to me, or [ ] has produced as identification. (SEAL) My Commission Expires: NOTARY PUBLIC Name: (Type or Print) Page 90f11 Agenda Item No. 10F June 28, 2005 Page 13 of 15 AS TO RIMAR WITNESSES: Print Name: Name: Position: Print Name: STATE OF FWRIDA ) ) ss. COUNTY OF ) On this subscriber, driver's license no. day of , 2005, before me personally appeared the , who is [ ] personally known to me, or [ ] has produced as identification. (SEAL) NOTARY PUBLIC Name: (Type or Print) My Commission Expires: Page 10 of11 AS TO WCI WITNESSES: Print Name: Agenda Item NO.1 OF June 28, 2005 Page 14 of 15 Name: Position: Print Name: STATE OF FLORIDA ) ) ss. COUNTY OF ) On this subscriber, driver's license no. day of , 2005, before me personally appeared the , who is [ ] personally known to me, or [ ] has produced as identification. (SEAL) My Commission Expires: NOTARY PUBLIC Name: (Type or Print) Page 11 of 11 Agenda Item No. 10F VanassJ':.. Daylor ~ ........... . c "'.., llliii···· . . . ¡';.Sf':> ,;;;i:t"-"'- -'..:'"" ....".,.,'.,"""'¡;':"f.,_. ___' . ..S,_,_, MEMORANDUM Urban Planning landscape Architecture Civil Engineering T raffle Engineering Environmental Science FL 366 From: Cc: Date: Re: Nick Casalanguida, Collier County Transportation Reed K. Jarvi To: June 22, 2005 Artesia Naples The following is submitted as requested. EXHIBIT D SR 951 DCA Traffic Utilization 6/22/2005 PM Peak Hour Project Traffic on SR 951 north of Eagle Creek Drive (south of US 41) Project Wal-Mart Trails Ridge (Habitat for Humanity) Artesia Naples (fka Lands End) Tuscany Isle Land Use Discount Superstore plus outparcels' Residential Residential Residential Size 227,000 sf 204 du 725 du 491 du PM Peak Hour Trips 225 vph 6 vph 14 vph'" 32 vph" Total 277 vph '210,000 sf Wal-Mart. 6,000 sf Drive-In Bank, 6,000 sf High-Turnover Restaurant, 5,000 sf Fast-Food Restaurant w/Drive- Through Window and 12 station Gasoline/Service Station w/Convenience Market. "adjusted for capture at the Wal-Mart (10%) '''In addition there are 7 PM Peak Hour Trips for Artesia Naples that are currently Reserved in the Concurrency Management System. 12730 New Brittany Boulevard, Suite 600, Fort Myers, Florida 33907 T 239.437.4601 F 239.437.4636 w vanday.com I :\Projccts\805\8057 5\Traffie\DCA T raftie Counls\80575 memO 1_6-21-05 R I.doe Job Number: 80575.08 Agenda Item NO.1 OG June 28, 2005 Page 1 of 33 EXECUTfVES~Y Discuss status of FEMA Floodplain Mapping Project and options regarding the Federal Emergency Management Agency (FEMA) Letter of Final Determination (LFD) dated May 17, 2005 to Collier County officially notifying the County that FEMA now considers the Base (1% Annual Chance) Flood Elevations (BFEs) on the preliminary Flood Insurance Rate Maps (FIRM) and Flood Insurance Study (FIS) Report to be final . OBJECTIVE: This executive summary has three main objectives for presentation and discussion. 1. Apprise the Board of County Commissioners on the current status of the development and proposed implementation of new Flood Insurcmce Rate Maps (FIRMs) by the Federal Emergency Management Agency (FEMA); 2. Present the details of the floodplain mapping contracts with Tomasello Consulting Engineers, Inc.; and 3. Obtain Board of County Commissioners direction on requirements and available options for implementing the effects of the proposed FIRMs. _.. CONSIDERATIONS: Letter of Final Detennination -- The County did not complete and submit the required studies, modeling and associated flood plain analysis for the coastal flood assessment and six inland basins for the unincorporated area of Collier County to support developing a new set of FIRMs by the March 31, 2005 deadline established by the Federal Emergency Management Agency (FEMA) of the Department of Homeland Security. As a result" FEMA issued a Letter of Final Detennination (LFD) dated May 17, 2005 to Collier County and in doing so officially notified the County that FEMA now considers the Base (1 % annual chance) Flood Elevations (BFEs) on the Preliminary FIRMs and Flood Insurance Study (PIS) report to be final. The LFD included the revisions to the preliminary study wherein a modification was made to the Zone D designation in the area of Golden Gate Estates and extending up to Immokalee. The LFD states that the modified BFEs and revised map panels will now become effective on November 17, 2005 and will revise the FIRMs which were in effect prior to that date. A copy ofthe LFD is provided as an attachment to this Executive Summary. Proposed Flood Zone Locations -- To help each commissioner better understand the locations of the various flood zones to be finalized by the publication of the revised FIRMs on November 17, 2005, staff will provide, under separate cover, an index sheet and a series of thirty-four (34) maps to each commissioner. Please note that these maps were produced using the Collier County GIS capabilities and cannot be used as official FIRMs. Impacts of Changed Flood Zones - The new FIRMs that will be published and implemented by FEMA on November 17, 2005 contain four (4) basic types of changes to the existing flood zones, along with various combinations of these changes. ~. .:. Increase in Base Flood Elevation (BFE) - The elevation of the flood water anticipated in the Base (1% annual chance) Flood event is one of the major components of a FIRM. The Executive Summary Agenda Item No. 108 June 28, 2005 Page 2 of 33 Page 2 existing FIRMs show BFEs using an elevation datum known as the National Geodetic Vertical Datum (NGVD). That datum was established in 1929. Since then, advances in surveying have demonstrated that there are inconsistencies in the NGVD datum, so a new datum known as the North American Vertical Datum (NA VD) was developed in 1988. The new FIRMs will be based upon NA VD, but will also include the NGVD datum as a reference in parentheses. In Collier County there is approximately a 1.3' difference when converting NGVD elevations to NA VD elevations. The new FIRMs will include approximately 1.4' of elevation increase based upon FEMA's evaluation for coastal wave setup. Depending upon the locations of existing flood zones compared to future flood zones, BFEs can change from almost nothing to over three (3) feet. ,- .:. Change from "AE" to "VB" - The new FIRMs are generally based upon coastal flooding, and not rising water from rainfall. An impact from raising the BFE in coastal flooding is an expansion of the "VE" flood zone area. A "VE" flood zone is a velocity flood zone where it is anticipated that there will be wave heights equal to, or greater than, three (3) feet. The damage caused by wave action of this magnitude can be extensive to buildings, so special building criteria has been developed. The key feature is that buildings are required to be elevated on open foundation systems (not fill) so that the waves can pass safely beneath the structure. Changing an area from an "AE" designation to "VE" has an immediate impact on the type of new construction, and has later impacts on existing buildings built under "AE" types of allowable construction. This will be discussed later under Substantial Damage/Substantial Improvement. Flood insurance through the National Flood Insurance Program (NFIP) is required for all buildings within a "VE" flood zone where there is any type of federal finance assistance or insurance (mortgages, special programs, etc.). .:. Change from "X" to "AE" -- The new FIRMs are generally based upon coastal flooding, and not rising water from rainfall. An increase in the BFEs from coastal flooding causes the landward extent of the anticipated flooding to increase. Therefore, some parts of the County that were fonnerly identified as "X" flood zone are now included in the coastal "AE" flood zone. The coastal "AE" flood zone is anticipated to have wave heights less than three (3) feet, but these can still cause considerable damage as they impact buildings. The National Flood Insurance Program regulations allow for buildings in all "AE" flood zones to be constructed on fill, but the County may want to give serious consideration to requiring special construction techniques similar to "VE" flood zones within coastal "AE" flood zones. Changing an area from an "X" designation to "AE" has the immediate impact of requiring new construction to build at or above the established BFE. The impacts on existing buildings built under "X" flood zone elevation requirements will be discussed later under Substantial Damage/Substantial Improvement. Flood insurance through the National Flood Insurance Program (NFIP) is required for all buildings within an "AE" flood zone where there is any type of federal finance assistance or insurance (mortgages, special programs, etc.). ~ .:. Change from "D" to "Approximate A" - FEMA recognized that the interior portions of Collier County were subject to rising water flooding from rainfall. Since no previous flood insurance study had been perfonned, FEMA used their Preliminary Flood Insurance Study to place much of the County outside of the coastal "VE", "AE", and "X" zones into an "Approximate A" flood zone. FEMA agreed to leave the "Sheet 2D" study area (principally Executive Summary Agenda Item NO.1 OG June 28, 2005 Page 3 of 33 Page 3 the north Golden Gate Estates area) of the County in its current "D" flood zone designation until the County can provide the detailed infonnation from its Flood Insurance Study by Tomasello. The "Approximate A" flood zone does not have an identified BFE. - Within the area of the "Approximate A" flood zone, the Code of Federa1 Regulations (CFR) contains some criteria for development activities. · The County must "obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State, or other source [44 CFR 60.3 (b)(4)]". · The County must "require that all new subdivision proposals and other proposed development (including proposals for manufactured home parks and subdivisions) greater than fifty (50) lots or five (5) acres, whichever is the lesser, include within such proposals, the base flood elevation data [44 CFR 60.3(b)(3)]". If the proposed development within an "Approximate A" flood zone falls below the fifty 10t/5 acre thresholds: · The County must "review all pennit applications to detennine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood-prone area, all new construction and substantial improvements shall (i) be designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement..., (ii) be constructed with materials resistant to flood damage, (iii) be constructed by methods and practices that minimize flood damages, and (iv) be constructed with electrical, heating, ventilation, plumbing, and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding [44 CFR 60.3(a)(3)]". · The County must "review subdivision proposals .., including manufactured home parks or subdivisions ... to assure that (i) all such proposals are consistent with the need to minimize flood damage within the flood-prone area, (ii) all public utilities and facilities ... are located and constructed to minimize or eliminate flood damage, and (iii) adequate drainage is provided to reduce exposure to flood hazards [44 CFR 60.3(a)(4)]" -" .:. Substantial Damage/Substantial Improvement - When the flood zone designation of a property changes, nothing immediately happens to the existing building. As long as the owner maintains continuous coverage, the flood insurance premium continues to be based upon the previous flood zone rating if the new flood rating would result in a higher premium. For properties that were in an "X" flood zone and are now in either a flood zone beginning with either the letter "A" or "V", the property wi1110se its Preferred Risk Policy premium discount, but will still be rated with the fonner ")C' flood zone rating. There is no mandatory requirement to immediately modify the building to bring it into conformance with the new flood zone requirements. However, there is the situation where the building encounters flood damage or improvements by the owner. If the value of the flood damage or the value of the improvement equals or exceeds 50% of the cost of the building (not the property), that is considered as "substantial" damage or improvement, and there are requirements to bring the building into compliance with the new flood zone criteria. Also, the flood insurance premium is now calculated based upon the new flood zone criteria. The NFIP allows for communities to keep a cumulative rolling total on buildings so that if the sum of the damages and/or improvements over a specified number of years equals or exceeds 50% of the value of Executive Smnmary Agenda Item NO.1 OG June 28, 2005 Page 4 of 33 Page 4 the structure, that is also considered as "substantial". The idea is to not keep putting money into buildings that are subject to flooding, but rather to make improvements that remove the building from flooding potential. 2nd Trip to Atlanta -- On June 22, 2005 several County and City of Naples staff members traveled to the Atlanta, Georgia office ofFEMA to discuss the impacts of the LFD, consideration for continuance of the detailed Flood Insurance Study and mapping by Tomasello Consulting Engineers, Inc., and other related issues. Information and results from this meeting will be provided at the June 28, 2005 Board of County Commissioners meeting. Tomasello Consulting Emrineers. Inc. Contracts -- Much has been discussed about the work products and submittals by the consulting firm of Tomasello Consulting Engineers, Inc. Tomasello was selected in May 2001 to develop information to support an appeal of the 1998 Flood Insurance Study and associated preliminary FIRMs. Tomasello was chosen by members of a selected committee consisting of representatives from Collier County, City of Naples, City of Marco Island, City of Everglades, and the real estate, insurance, building, engineering and architectural sectors of the community. The information provided by Tomasello was sufficient to demonstrate to the Board of County Commissioners and City of Naples City Council that there were solid justifications to support an appeal. On January 7,2003 staff was directed to extend the contract with Tomasello to initiate a detailed flood insurance study to improve the accuracy of the proposed FIRMs, concentrating specifically on the coastal restudy and the "Sheet 2D" area of Golden Gate Estates. The Inter-Local Agreement between the County and the City of Naples for this work is dated February 25,2003. The City of Naples was to contract with Tomasello, and the County agreed to compensate the City for work related to the County's interest. The City of Naples considers the Inter-Local Agreement as their contract with Tomasello, and there are no deliverable dates or liquidated damage clauses identified within the Inter-Local Agreement. A subsequent Amendment to the Inter-Local Agreement on February 18, 2004 increased the County's funding to cover additional work by Tomasello in the Golden Gate Estates area. Following a February 13, 2004 meeting in Atlanta, Georgia between FEMA and County and City of Naples representatives, it was detennined that additional work would need to be done to prepare FIRMs for all of the major developable portions of the County. The outcome of this meeting and the follow-on discussions with FEMA changed the emphasis of Collier County's efforts from studies focusing on data and analysis to refute the proposed maps to a coordinated effort and partnership with FEMA to produce a comprehensive Flood Insurance Study (PIS) to revise the entire set of FIRMs for Collier County. On March 9, 2004 (and later amended on March 23, 2004) the Board of County Commissioners authorized an emergency contract with Tomasello to perform the studies and other work in support of the County's restudy of the FIRMs. That emergency contract added five (5) basins to the study area. This contract was directly between the County and Tomasello. The contract is based upon assumed Notice to Proceed dates, time to complete work tasks, review by FEMA, and time to complete final deliverables. There are no liquidated damages clauses identified within the contract _. Executive Swnmary Agenda Item NO.1 OG June 28, 2005 Page 5 of 33 Page 5 On May 19, 2004, and at the request of the land owners' representative, the County's "5- Basin" contract with Tomasello was amended and expanded to include the proposed Ave Maria DRI and the remainder of the RLSA, excluding the Area of Critical State Concern. Both the County and the property owners shared the cost for this contract amendment. Being a contract amendment, there was no change in the original contract document other than modifications to total cost and time frame. .',.,.....""'''' Implementation Guidance and Options - The May 17,2005 Letter of Final Detennination issued by FEMA sets in motion actions that require associated implementation and policy decisions by the Board of County Commissioners. 1. Refute the proposed maps and tile for any appellate or declaratory relief in the Federal courts with a possible request for injunctive relief, (i.e., to keep maps from becoming effective until declaratory suit resolves) and be prepared to provide "comments" as part of the Federal Register publication that would comprise essentially all of the data and methodologies that Collier County already sent to FEMA's sub-contractor, Dewberry. 2. File suit in Federal District Court in Ft. Myers, FL challenging the FEMA proposed FIRMs as to the repetitive and gross errors in the underlying data as well as the demonstrated deficiencies in methodology, both leading to errors in the BFEs. As part of the suit, a request for stay of implementation would also need to be sought and may be granted, or not, at the judge's decision. 3. The County is required to immediately implement the actions for ensuring proper protection of buildings within the "Approximate A" flood zone. The County is 'encouraged' to implement the new BFE's and boundaries of the "AE" and "VE" flood zones if they are higher than existing, but this is not 'required' until the official implementation date of November 17, 2005. By that date the County is required to adopt the floodplain management regulations consistent with the final flood elevation detenninations of the revised Flood Insurance Study and FIRMs. If the Board chooses to not direct staff to initiate declaratory relief in the Federal courts, staff recommends that the Board direct staff to immediately begin the process to amend Chapter 62, Floods, of the Collier County Florida Code of Laws and Ordinances to implement the flood plain management guidance applicable with the revised FIRMs. 4. Do nothing now to oppose FEMA's revised Flood Insurance Study and FIRMs and wait until the effective date of November 17, 2005 to adopt the floodplain management regulations consistent with the final flood elevation detenninations of the Flood Insurance Study and FIRMs which will implement applicable building guidance. Then immediately after November 17, 2005 file for a large scale Letter of Map Revision (LOMR) using the study data provided by Tomasello Consulting Engineers. FISCAL IMPACT: Total Approved Contract Cost to Date = $723,309.00 $616,309.00 Collier County $47,000.00 City of Naples $60,000.00 Special District ,-' The details of these costs are as follows: . $235,000 ($188,000 County; $47,000 City) - Initial and follow-on coastal study Executive Summary Agenda Item NO.1 OG June 28, 2005 Page 6 of 33 Page 6 · $57,007 - Golden Gate Estates "Sheet 2D" studies · $49,425 - Certification of County's LIDAR GIS data base to meet National Mapping Standards · $61,877 - 57 miles of survey elevation monument control throughout the Estates · $200,000 - addition of 5 basin studies · $120,000 - Ave Maria Stewardship District studies ($60,000 County, $60,000 Special District) (Note that work has not been initiated for this item.) GROWTH MANAGEMENT IMPACT: None, although accurate floodplain information is vital to insure an effective planning and pennitting process. RECOMMENDATION: That the Board of County Commissioners evaluate the alternatives noted above as "implementation guidance and options" along with any additional information and assessment of the study initiative resulting from the June 22, 2005 meeting at FEMA Region IV, Atlanta, GA, and provide staff direction regarding implementation policy and whether Collier County, along with the City of Naples, chooses to initiate legal action. PREPARED BY: Robert C. Wiley, P.E., C.F.M., Principal Project Manager Engineering Services Department Community Development and Environmental Services Division .- Agenda item No, 10G June 28. 2005 Page ¿ of 33 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary tOG Discuss status of FEMA Floodplain Mapping Projec.t and options regarding the Federal Emergency Management Agency (FEMA) Let1er of Final Determination (LFD) dated May 17, 2Q05 to Collier County officially notifying the County that FEMA now consid'2;fs the Base (1 % Annual Chance) Fiood elevations (BFEsì on the prelìminary Flood Insurance Rate Maps. (FIRM) and Flood Insurance Study ¡FIS) Report to be final (Joseph K. Schmitt Administrator, Community Developmentì Companion to Item 12.A Meeting Date 6/28;2005 9:00-00 AM Prepared By Oat!? Robert C. Wiley, P.E. Prirllcipal Project Manager 6121/20052:13:19 PM Transpo,tion Serv~c(!s. Road Maintenance- Stomlwater Approved By Community Development & EnvirDnmentalSer/¡ces Opl!'nJtj()IlS Analys,t Community Deyelopment & Environmental Services Admin. DatE: C{lrl!jt;mCt~ Ä. Jnhl\!wn G!21í2Q05 ":28 PM Approved By SandJël L(r<l E:ŒcUti\l~ Secretary Date Cornnnmity Dev~!I()pllwnt & En\lÎ,wllnf!ntal SI~IV¡CI~!¡ Community Dp-vldo'Jrf'u~nt &, Enl/ironnu!U1òtlI5f!rvi~:f!s Admin. 6j2112005 4:33 PM Approved By Jos.eph K. St:hmi1t Community D'~\lf:lupmt!nt & Environmental Services. Admìnstrator D.<1t~ Community Development & Environment...1 S!?tvfl;'£!'~ Community Development & Environmental Services. Admin. &f21!2005 -4:43 PM Apprond By Thcnnas E. Kuc:k, P.E. CDES En9in~~rin~1 Sf!"rvil:~!$ Oirm:tør Datl~ Community Develop."ent & Environmental Services CDES Enqineering S('n{l(;e~ 6/21120054:50 PM Approved By Michael Smykowski Management & Budget I)imt:tor Dilte C(Iltr!ty fI,t<lllaql!r'¡¡ Officj~ Oftit:l~ ()f Managenmnl 8. Bud!Jl~t 6/22120056:36 AM Approved By James V. Mudd County Manager Date BOilnt 01 County Commissioners County Maflager's OMicl! 6122/2005 4:08 PM Way-ZO-OS 05:49pm From- . . T-374 P.OZ F-I44 u.s.Dep......iÌi..~ 500 C 'S1reCr, ~w u ne , Wa$Iñ11gtoD, DC 20472 Page 8 of 33 MAY 17 m . FEMA CERTJFlli1J MAJL RETURN RECEIPT REQUESTED IN REPLY REFER TO: IIS-A(C) Mr. Fred W. Coyle Chairman oftbe Collier County Board of Commissioners 3301 East Tamiami Trail Napl~ Florida 34112 Dear Mr. Coyte: As stated in our enclosed March 24, 2004. lener, the etrectivc date of the FJood Insurance Rate Map (FIRM) and Flood Insurance Study (PIS) report for the unincorporated areas of Collier County was postponed in OJder to a110w the county time to provide impro'\led local flòod hazard information. Since then, the FederaJ Emergency Management Agency (FEMA) agreed to allow the county UDnl March 31, 2005, to prepare the technical data and ctigital mapping necessary to :rna.1ce improvements to the revised preliminary FIRM and PIS report. Gj'\len that the revised data were not received by March 31, 2005, we are proceeding with finali~Dg the revised preliminary study with the modified Zone D designation m the area of Golden Gate Emtcs, as was indicated in our January 19, 200S, letter (copy enclosed). Community No.: 120067 Community: CoDier County» Florida (Unincorporatcc1 Areas) Map Panels Affected: See enclosed SOMA We applaud the county's efforts to improve local flood hazard information and win continue to work with you to update the maps for both the coastal areas and in1and basins. Of particular concern is the Golden Gate Estates area. As you are a~ we bave mapped the ar:ea as Zone D (areas in which :flood hazards are UDdetcmUned). Nonetheless, we arc committed to working with you to provide timely and accurate .flood hazard data so that citizens within this æea and local government officials can make informed floodplain management and insurance purchase decisions. The determination (copy enclosed) of the Agency as to the Base (1% annual chance) Flood EJevations (BFEs) for your community is considered final The finaJ BFEs will be published ín the FederaJ Reeistcr as soon as possible. The modified BFE determinations and revised map panels, as referenced on the enclosed Summary of Map ActioDS (SOMA), wil1 DOW become effective on November I? 2005. md revise the FIRM which was in effect prior to that date. For insurance rating purposes, the community number and new suffix code for the panels being revised arc indicated on the maps and must be used fOT all new policies and renewaJs. Effective with the date of this lener, we encouraße your community to use the BFE data presented on the revised preliminary and proofF1RM panels and flS for f'egulatmg floodplain development in accordance with the guidance provided in the enclosed FJoodpJain Management BuUe1in titled Use of Flood Insurance StudY mS) Data As A vaílab]e Data. WY'o'W.fema.gov Mar20-05 05:49pm FrOll- 1-374 P.DS F-144 Agenda Item No. 10G ,June 28, 2005 Page 9 of 33 2 The modifications are pursuant to Section 206 of the Flood DisasIer Pro1ection Act of 1973 (pL. 93-234) and are in accordance with the NationaJ Flood Insurance Act of 1968. as amended, (Title XIIIoftbc Housing and UIban Development Act of 1968, P.L. 90-448) 42 U.S.C. 4001-4128, and 44 CFR Part 65. Pursuant to Section 1361 oftbe National Flood lDsurance Act of 1968, as amended, communities participating in the National Flood Insurauce Propam (NFIP) are required to adopt and enforce floodplaiD management teguJ.ations that IDCCt or exceed m;n;rnmn NF1P criteria. These criteria arc the minimum required and do DOt supersede any State or local requirements of a more stringent nature. This includes adoption of the effective FIRM and FIS and the modifications made by this map revision. Our records show that your community has met the requirements under 60.3( e). To assist your community in main18iniDg the F1RM. we have enclosed a SOMA to document ~ous Leners of Map Change (LOMCs) (i.e., Letters of Map Revision (LOMRs), LOMAs) that win be superseded when the revised FIRM panels become effective. Infonna1Íon on LOMCs . is presented in four categories; (1) LOMCs that have been included on the revised FIRM panels; (2) LOMCs that have not been shown on the revised FIRM panels because ofsca1e limitations or because the LOMC that was issued had determined that the lots or stnlctuRs involved were outside the Special Flood Hazard }.Tea shown on the FIRM; and (3) LOMCs that have Dot been included OD the revised FIRM panels because they are being superseded by new detailed flood hazard data; and (4) LOMCs that will be ~.detennined. The LOMCs in Category 2 of this form are revalidated ÙIJ'Ough a single Jetter that reaffirms the validity of a previously issued LOMC. LOMCs issued for multiple lots or structuJa where the determination for one or more oCthe Jots or structUres have changed (Category 4) cannot be reva1idated mrougb this administrative process. However, we win review the data which were previously subDDtted as part of the original LOMR or LOMA request and issue a new determination for the subject properties after the FIRM effective date. If you have any questions or concerns regarding the FIRM for your community, do not hesitate to contact Mr. A. Todd Davison, Director, FcderallnsuraDce and Mitigation Division ofFEMA in Atlanta, Georgia at (770) 220-5400, or the FEMA Map Assistance Center 100 ftee at (877) 336-2627 (877-FEMA MAP). SincereJy, 14:v r¥ù.N.t;j:J David 1. Maurstad Acting Director Mitigation Division Emergency Preparedness and Response Directorate Enclosures: March 24, 2004 Letter January 19, 2005 Letter Elevation Certificates Final BFE Determination Floodplain Management Bulletin final SOMA ( Uay-2D-05 05 : 49PJII Fram- -- -------~---~ '. T-3T4 P.D4 F-144 Agenda Item NO.1 OG June 28. 2005 Page 10 of 33 3 cc: Mr.lim Coletta, Collier County Boanl of County Commissioners Mr. lames V. Mud~ Collier County Manager Mr. Joseph K. Schmitt, Administrator, Collier County CommUDity Development and Enviromneota1 Services Division Mr. Patrick G. White, Collier County Assistant Attorney Mr. Charles H. Speights, State NFJP Coordinator FEMA Regjon IV Office May-ZO-OS 05:50PM From- . T-3T4 P.OS F-I« Agenda Item No.1 OG June 28, 2005 Page 11of 33 FINAL SUMMARY OF MAP ACI10NS Community: Collier COWlty, Florida (UDÚJÇOrporaæd Areas) Community No.: 120067 Revised Map Panels: 12021 C0125, 12021 corso, 12021C0178,12021C0179, 12021C0185,1202JC0187, 12021C0189.12021C0191, 12021C0193, 12021C~195, 12021C021 5, 12021C022S. 12021C02S0, 1202IC0275, 12021C0377, 12021C0379, 12021C0381,12021C0383. 12021C0385,1202IC0391, 12021C0392,l2{)21C0393, 12021C0394,12021C04)"S, 12021C0425,12021C04S0, 1202lCOS81, 12021C0S82, 12021C0583,12021COS84, 12021COS9S,12021C0601. 12021C0603,12021C060S. 12021C061 0, 1202JC061S, 12021C0620,12021C06S0. 12021C067S,12021C078S, 12021C0801,1202JC0802, 12021C0803,1202IC0804. 12021C0811,J2021C0812, 12021C0817.12021C082S, J2021C0850, 1202JC0875, 1202JC0900, 1 2021 C0925, 12021 C 1000, 12021CJ025, 12021CI03S. 12021CJ050, 12021CIOS5,12021C107S. 12021Cl100.&: 1202i C1l2S Date Issued: May 17. 2005 Page No.: J of9 To assist your community ÌI1 maintaining the Flood Insurance Rate Map (FIRM), we have swnm~ below the previous Letter of Map Change (LOMe) actions (i.e., Lett~ of Map Revision (LOMRs) and Letters of Map Amendment (LOMAs» that will be affected by the revised F1RM that win become effectiv~ on November 17, 2005. 1. LOMRs and LOMAs Incozyorated The LOMRs and LOMAs listed below have been incorporaíed into and arc: ref]ected on the fina] FIRM. However, until the revised FIRM becomes effective, the LOMRs and LOMAs will FClD8Ìn in effect. LOMC Case No..... Effective Date Proiect Identifier New Pane] None Mar-20-05 05:50PI Fro.- T-3T4 P.06/20 F-144 Agenda Item NO.1 OG June 28. 2005 Page 12 of 33 Page2of9 2. LOMRs and LOMAs Not Incoroorated The LOMRs and LOMAs listed below have not been reflected on the final FIRM. This is either due to scale limitations oftbe FIRM, or because the LOMR or LOMA issued determined that the lots or stIUctUJes involved are OUl of the Special Flood Hazard AR:a, as shown on the FIRM. These LOMRs and LOMAs will be revalidated ftee of charge the day after the revised map panels become effective. LOMC Case No. Effective Date Project Identifier NewPane1 LOMA 04-04-8362A September 9. 2004 Lot 6. Falcon Ridge 0195G 39 Heritage Way LOMA 04-04-7268A August 12. 2004 Apemon of Section 10. 061% Township 51 South. Range 26 East LOMR-F 04-04-0936A Fcbrnary 17, 2004 Lot 13, Block 11. Naples Manor 06030 Annex - 53:50 Sbohz Street LOMR-F 04-04-2626A January 29. 2004 Lot 49. Block ~ Royal Palm 06200 Golf Estates Unit One - 18289 Royal Hammock Boulevard LOMA 03-04-9462A September 29, 2003 Buildings 1-11 and the 06030 Clubhouse. Whistler's Cove WhistlCl" s Cove Boulevard LOMA 03-ü4-8462A August 1. 2003 Lot 511. Block G, Ibis Cove. 02]50 Phase One - 8710 Ibis Cove Circle LOMA 03-04-6178A June 26, 2003 Lot 82, Stonebridge. Unit Two 01930 1876 Pondside Lane LOMA 03-04-3790A April 18. 2003 Buildings 7 and 15, Phase 2. and 019'5G Buildings 8-14. Phase 3, Braebum at Stonebridge Winding Oaks Way LOMR-F 03-04-2606A March 13, 2003 Lot 17, Block 420, Marco Beach, 0812G Unit Thirteen - 1590 Ludlow Road LOMR-F 02-04-S094A ~beT13.2002 BuiJdiÐgs A-R, T-W, Clubhouse, 01930 and Bath (pool) House, Piper's Pointc:, A Condominium Wading Bird CireJe and Grand Oaks Way LOMA 02-04-6474A July ] 7, 2002 Building 16, Carrington at OI9SG Stonebridge. Phase 4 2395 Hannony Lane LOMA 02-04-4874A May 10, 2002 A portion ofSecrion 9, Township 02150 48 South, Range 26 East LOMA 02-04-339OA March 27. 2002 Lot 28, Block 403~ Marco Beach, 08120 Unit 13 - 875 Caxambas Avenue May-la-OS 05:501311 Fra- T-3T4 P.0T/20 ~-14f Agenda Item o. OG June 28, 2005 Page 13 of 33 Page 30f9 LOMC Case No. Effective Da1e Projec:t Identifier New Panel LOMR-F 01~2330~ June20,2001 Buildings 4-6 and 16·17. 0195G BraebumatS~ and Buildings 13-15, . at Stonebridge, Phase 3 - Wm 'JIg Oaks wa~ and Harmony Lane LOMR-F 01-04-3940A June 13,2001 Lot 10, B ock 12, Naples Manor 06030 Addition - S438 Carlton Street LOl\ß-F 01-04-2102A February 21.2001 Lot 6 and North * of Lot 7, 06030 Block 5, Trail Aaes Subdivision 1494111 Stæet LOMR-F OO-04-5826A 1anuary 17, 2001 Lot 19, Block 13, Naples Manor 0603G Addition - 5469 Hardee Street LOtdR-F o 1-04-08S6A December 14, 2000 Lot 2, Block 5, A vaJon Estates 0582G Unitl-4712 Verity Lane LOMA 00-04-6046X October 17, 2000 Lot 31. Pelican Marsh Unit 2 01930 1355 Wood Duck Trail LOMA 00-04-3994A SepteJnber 19, 2000 Lot 22, Ivy Point Su1Ktivision 0193G 1849 Ivy Point Court LOMR-F ()()"04-4726A September S. 2000 Lot 6, Queens Park at Lago 06200 Verde - 2755 Cecil Road LOMR-F 00-04-40S6A August 17. 2000 Lot 11, Block ]3, Nap.1es Manor 0603G Addition - 5442 MaJ1in Street LOMR-F 00-04-3392A July 27, 2000 Lot 21, Block ] 0, Naples Manor 0603G Lakes - 5342 Texas Avenue LOMR-F 00·04-2050A July 20, 2000 Lot 80, Block 2. Trail Acres, 06030 Unit 3 - 351 Benson S~et LOMR-F OO-04-2322A July 18, 2000 Lots 17·26, Ivy Point Subdivi'Sion 0603G Ivy Point Court LOMR-F OG-04-3124A July 18, 2000 Lot 1, Block 2, Naples Manor 06030 Annex - 5248 Floridian Avenuc LOMR.-F 00-04-3564A July 11, 2000 Lot 8, Block 5, Naples Manor 06016 Lakes - 5230 BlOward Sm:et LOM:R-F 00-04-3126A June 23. 2000 Lot 2, Block 2 oftbe Naples 060S6 Manor Annex - 5205 Warren SU:eet LO:MR-F 00-04-3020A June 1, 2000 Lots II & 12, Block 2. Naples 0603G Manor, Unit 1-5241 and 5245 Dixie Drive LOMR.-F 00-04-2580A May 23, 2000 Lot 3, Block 9, Naples Manor. 0603G Unit] - 5210 Collins Street LOMR-F 00-04-2516A April 6, 2000 Lot 6, Block 6, Naples Manor 06030 LOMR-F 0O-04-1566A March 28. 2000 Lakes - '5250 JennÏJlgs Sueet Pan of Lots 35 and 36, Block I, 0603'0 TnUJ Actes, Unit 3 350 Benson 'Street LOM:R-F 00-04-0562A January 27, 2000 Lot 1 ~ Block 2, Trail Acres 0603G ] 23] Street LOMA 00-04-0890A December 28, 1999 Lot ]2, Block E, Lakewood Unit '06030 No.5 - 114 Dcbron Drive LOMR-F 0Q-04·0742A Deoember 28, 1999 Lot] I, Block 9, Naples Manor 0603G Addition - 5342 Carlton'StJeet May-2D-D5 D5:5DPI FrM- T-3T4 P. DB/2D F-I44 Agenda Item No.1 OG June 28. 2005 Page 14 of33 Page4of9 LOMC Case No. Effective Dale Proiect Jdentiñer New Panel LOMR-F Oo-o4-OO92A December 16, 1999 Buildings 1-3. WilJow Bend at Ol9SG Stonebridge and BuiJdings 2. 3 and 18-22, Braeburn at Stonebridge Willow Bend Court and Winding . 00-04-0528A Oaks Way LOMR-F Dccember 14. ]999 Lot 7, Block 16, Naples Manor 0603G Lakes - 5426 Trammel Street LOMR-F 99..04-S978A November 4, ] 999 Lot 10, Bladt 9, Naples Manor 06030 Addition - 5338 Carlton StJ:eet LOMR-F 99...Q4-60 18A November 4, 1999 Lot 5, Block 4, Naples Manor 0603G Extension - 5410 Warren StFeet LO~-F 99-04-6024A October 28, 1999 Lots ] and 2. Block 8, Naples 0603G Manor, Unit J - 5204 F10ridian Avenue LOMA 99-04-6224A October 28, 1999 Lot 8, Block C, Lakewood 03940 Unit S - 113 Debron Drive LOMR-F 99-04-S370A October 14, 1999 Lot 29, Block 1. Avalon Estates. 05820 Unit 1 - 4511 Orchard Lane LOl'dR-F 99-04-5372A October 14. 1999 Lots 1 and 2, Block 8. Naples 0603G Manor, Unit 1 - 5204 Floridian Avenue LOMR-F 99-04-4768A September 10, 1999 Lo136, Block 7, Naples Manor 0603G Addiôon - 5317 Cans Stn::e! LOMR-F 99-04-4788A September 10, J 999 Lot 14, Block 5, Naples Manor 0603G Lakes - 5249 Jennings Street LO:MR-F 99-04-48S8A August 24, 1999 Lot 13, Block 8, Naples Manor 0603G Lakes- 5225 Texas Avenue LOMA 99.04-3418A May 28, 1998 Lot 16, Woodstone "Subdivision 060]0 6201 Woodstone Drive LOMR-F 99-04-1 S90A March 17, ]999 Buildings 1-] 6 and the 03940 Clubhouse, HeroD Park Apartments - Great Blue Drive LOMR-F 99-04-1 196A March 3.1999 Stone Bridge Country Club OlS5G LOMR-F 99-04-1692A January 28, 1999 Lot 23, Hejgh1and Villa OS82G 4345 Normandy Drive LOMR-F 99-04-920A January 13. 1999 Lots 6S and 66, HalIendaJe OS82G Subdivision - 309S Andrews Avenue LOMR-F 99-04-922A January 8. 1999 Lot IS, Block 7. Naples Manor 0603G Annex - 5321 Holland Street LOMR-F 99-04-104A November 18, 1998 Lot 4, Block J 0, Naples Manor 0603G Addition - 5313 Carlton S1Pcet LOMR·F 99-04-110A November 18, 1998 Lot 3, Block 10, Naples Mangr 06030 Addition - 5309 Carlton 'StJIeet LOMR-F 98-04-2848A October 21. 1998 Lot 1 I. Block 3, NapJes Manor .()6()3G Addition - 5242 CarJton Street LOMR-F 98-04-2870A October 16,1998 Lot 40, Block 9, Naples Manor .0603G 98-ú4-29S0A Addition - 5298 Georgia Avenue LOMR-F October 7, 1998 Lot 30 and pan of Lot 31, .oS82G Block B, Pineview Víllas 4225 Ro'Se A venue MarZO-OS 05:50PII Froll"" T-9T~ P'99~~O ~-I"¥o gen a em o. G June 28, 2005 Page 15 of 33 Page 5 of9 LOMC Case No. ~ective Date Project Identifier New Panel LOMR-F 98·04-2606A September 9, 1998 Lots 2S aDd 26J Block 2, Trail 06030 . A~ Unit 2 - ] 82 7ftt Stt«:t LOMR-F 98-04-1S40A July 2, ] 998 Lot 8, Bloc:k 9, Naples Manor 06030 Addition - 5330 Carlton Sueet LOMR-F 98-04-728A March 18, 1998 Lot 11, Block 3. Naples Manor 06030 Lakes - 5242 Trammel S11œt LOMR-F 98-04-732A March 18, 1998 Builcting 7, Willow bend at 0l9SO S1Onebridge, Tract A, Southampton Unit 1; Buildings ], 2, 10, ]1, 12J Carrington at Stonebrid¡e Phase 1, Tracts E and F. Southampton Unit 1; Buildings 2-4, Asbtan Oaks at Stonebridge Phase I, Tract 0, s0=r;n Unit 1; and Buildmgs 6 an 9, Middleburg at Slonebridge, Phase March 13,1998 n, Siena at Soutbampt.on LOMR-F 98-04-854A Lots 1-3. Blo;fl, Trail Acres. 06030 Unit 2 - 108 6 Street LOMR-F 98-04-8S6A March 13.1998 Lot 25, Block 9, Naples Manor 0603G Addition - 5361 Martin Stæet LOMA R4-982-139 March 4, 1998 Lot 3, Block 401, Marco Beach, 08120 Unit 13 - 1901 Kirk Terrace LOMR-F 98-04-252A December 17, J 997 Lot 13, Block 8, Naples Manor 06030 Adcünon - 5350 Martin 'Street LOMR..F 98-04-272A December 10, 1997 Lot 9, Queens Park at 06010 Lago Verde, Phase V - 4821 Oahu Drive LOMR-F 97-04-1468A June 1~ ]997 Lots 18 and 19, Block 2, TnúJ 0603G Acres, Unit 2 - 171 ". Street LOMR-F 97-04-1310A JUDe 12, 1997 Buildings 1-5 and ] O-J4, 0195G MidcUebuq at Stoncbridge, Phase 1 Tract B; Buildings 1,2, and 6-] I, Tract D, Hcatherwood at Stonebridgc, Phase 1 LOMR-F 97-04-502A February 20, 1997 Lot 14, Block 7, Naples Manor, 0603G Unit 1 - '5255 Confedera1e Drive LOMR·F 97-Q4-454A January 21, 1997 Lot 8. Block 9, N~les Manor, 0603G Unit 1 - 5230 CoIIUlS"S~ LOMR-F 97-04-450A January 9, 1997 Lot 1, Block 5, NapJesManor 06030 Annex - 5250 Floridian Avenue LO:MR-F 97-04-296A December 18, 1996 Lot 22, Block 3, Trail Acres, 06036 Unit 2 - 187 1dJ Street LOMR..F 95-04-998A September 26, 1995 Lot 49, Block 2, Tra11 Acres, 06030 Unit 3 - 286 Poner Str.eet LOMR.-F 963-158 June 7, 1996 Lot 7, Block 9, Naples Manor, 0603G UJÙt 1 - '5226 Collins Street LOMR-F 963-157 June 6, 1996 Lot 11, Block -2, Naples Manor 0603'G Adcüûon - 5241 Carlton Drive LOMR-F 963-1 S6 June 6, 1996 Lot 35, Block 7, Naples Manor 06030 Lak-es - "5230 Mitchell 'Street Uay-2D-05 05:5DplI Fro",- T-374 P.ID/2D F-I.... Agenda Item No.1 OG June 28, 2005 Page 16 of 33 Page 6of9 LOMC Case No. Effective Date Proiect Identifier New Panel LOMA 963-13] May 24, 1996 Lot 55t Riviera Colony Golf O6O]G Estates, Unit 1 - 93 Lemans Drive LOMR-F 963-032 May 9,1996 Lot 17, Block 6, Naples Manor, 06030 Unit 1 - 5329 Confederate Drive L01V1R-F 963-033 May 9, 1996 Lot 15, Block 3, Naples Manor, 06030 Unit 1 - 5339 Dixie Drive LOMA 951-152 February 2,1995 Lot 291, Riviera GolfEstat~ 0601G Unit ]. Phase n - 120 Picardy Court LO:MR-F 951-125 December 13, 1994 Lot 6, Block 3, Naples Manor 06030 Annex - 5321 Warren Street LOMR-F 944-033 September] 6, 1994 Lot 12, Block 6, Naples Manor 0603G Addition - Cans Sm:er 3. ~OMRs and LOMAs Sunerseded The LOMRs and LOMAs listed below have not been reflected on the fmaJ FIRM because they have been superseded by new detailed flooding data or sufficient infonnation could not be located on which 10 make a determination. The reason each has been superseded is noted below. When the revised FIRM becomes effecrlvet these LOl\.1Rs and LOMAs win no longer be in force. LOMC Case No. Effective Date Proiect Identifier New Panel LOMA 04-04-5 690A July 26, 2004 Lot I, Block "f'. The Villas of 0381G Pelican Bay - 6640 Trident Way LOMR-F 01-04-3938A June 13,2001 Lot 6, Block J I, Naples Manor 060SG Annex - 5322 Sholtz Sueet LOMA 0]-04-1976A March27~ 2001 Building 95, Beachwalk Homes 0193G and Villas - 821 ReefPomt Circle LOMR-F 01~04-1 156A December 28~ 2000 Lot 38. Block 7, Naples Manor 0603G Addition - 5309 Catts S1Jeet LOMR-F Oo-o4-4212A September 5, 2000 Lot 5, Queens Park at Lago 06036 Verde, Phase V - 4805 Oahu Drive LOMA 0Q-04-4476A August 29, 2000 Lot 537, Palm River Estates, 0195G Unit 2 - 140 Vilcing Way LOJ\¡fR·F 0Q-04-3190A May 30~ 2000 Lot 4, Block 2, NapJes Manor 06030 Lakes - S344 Floridian Avenue LOMR-F 00-04-0S64A January 27,2000 Lot 1, Block 3, Naples Manor 0603G Annex - '5248 G~r:8ja A venue LOMR.-F 00-04-0878A January 18, 2000 Lot 3, Block 5, A vaJon Estates, 0582G 99-04-5980A Unit 1 - 4106 Verity Lane LOMR-F January 18, 2000 Lot 24, Block 9, Naples Manor 0394G Addition - 5365 Martin Sueet LOMR-F 00-04-0526A January 4, 2000 Lot 7. BJock 6, Naples Manor 06036 Lakes - 5254 Jennings 'Street I Lowest Adj8Cent <ìrade is below Base Flood E'evation. 2 Revised ~pecjal Flood Haurd Area delineation. Reason z L4ay-ZD-05 D5:5DPII FrOll- T-3T4 P.11/20 F-144 Agenda Item NO.1 OG June 28, 2005 Page 17 of 33 Page 7of9 LOMC Case No. &tTective Date ~iec:t Identifier New Panel ~ LOMR-F 00-04-OSS2A December 28, 1999 Lot 1, Block S, Avalon EstateS, Os82G Unit 1 - 3415 Thomasson Drive LOMR-F 99-04-'5796A October 28, 1999 Lot 10, Block D, Naples Villas 03946 3374 Hibiscus Avenue LOMR-F 99-04-5794A October 26, 1999 Lot 11, Block D. Naples ViJ]as . 03940 3386 Hibiscus Avenue LO:MR-F 99-04-5798A October 21, 1999 Lot 12, Block D, Naples Villas 03940 3400 Hibiscus Avenue LOMR-F 99-04-4794A Sepu2nber]O,1999 Lot 25, Block 3, Naples Manor 06030 Addition - 5205 Martin Street LOMR-F 99-04-3892A July 6, 1999 Lot 4, Block 5, Naples Manor . 0603G Addition - 5202 Hardee Street LOMR-F 99-04-3136A July 1, 1999 Lot 1, Woodstone Subdivision O6O]G 6144 Woodstone Drive LOMR-F 99..()4-2440A J\D1t 10, 1999 Lot 4, Block 11, Naples Manor 06010 Addition - 5413 Carlton Street LOMR-F 99-04-778A January 6, 1999 Lot 23, Block 9, Naples Manor 0603G Addition - 5369 Martin Street LOMR-F 98-04-2852A October 21, 1998 Lot 5. Block 12. Naples Manor, 06030 Unit 1 - 5346 McCarty S~ LOMR-F 98-04-2S04A September 4, 1998 Lot 17, Block 4, Naples Manor 06030 Lakes - 5237 Broward Sttcet LO?v.íR-F 98-04-1 588A July 2, 1998 Lot 10. Block 4. and Lot 1 S, 06030 Block S, Naples Manor Lakes 5238 Martin S~ and 5245 Jennings Street LOMR-F 98-04-1286A J\Dle 3, 1998 Lot 98, River Reach Subdivision 06030 2404 Ríver Reach Drive LOMR-F 98-04-1370A May 13, 1998 Lot 9, Block 4, Natles Manor 06030 Exten5ion - 53W arolina Avenue LOMR-F 98-04-018A October 23, 1991 Lot 2, Block 2, Naples Manor 06030 Extension - 5333 Warm¡ Sneer LOMR-F 98-04-074A November 4, 1997 Lot 1 ~ Block 2, Trail A'CJCS 06030 171 1 Street LOMR-F 97-Q4-1434A September 30, 1997 Buildings 47-55, Naples 03940 Winterpark North - 3400,3410, 3420, 3430, 3440, 3450, 34'60, 3470, and 3480 Frosty Way LOMA R4-974-238 September 24, 1997 Lot 8, Block 71, Naples Park. 01930 Unit "5 - 773 North ] 0151 Avenue LOMR~F 97-04-2066A September 4, 1997 Lot 3, Block 3, Naples Manor Annex - 5309 Warren Street LOMR-F 97-04-1116A August 29,1997 Lot 9 and part of Lot g, Block C 03940 Naples Villas - 3352 Poinsettia Avenue 1 Lowest Adjacent Grade is below Base flood Elevation. May-ZO-05 05:51PI Froll"" T-374 P.IZ/ZO f-l4,1 Agenda Item No. OG June 28, 2005 Page 18 of 33 Page 8of9 ~OMC Case No. Effecrive Date Proiect Identifier New Panel Roson LOMA 97-04-] 640A July 1, ]997 Buildings 4-7, Foxfue Condos D, 03940 Foxiire Unit 3, Tract 7 Foxtail Court LOMR-F 91-04-820A March 6, 1991 Lot 13, Block 5, Avalon Estates, 05820 Unit 1 - 4525 Arcadia Lane LOMR-F 97-04-160A Febn1ary 7,1997 Parcel ] 7, Golden Gate Estates 06S0G 11280 Laakso Lane LOMR-F 97-04-S18A February 5,1997 Lot 12, Block C, Pine View OS82G Villas - 4151 Mincti Avenue LOMR-F 97-<>4-S22A January 24, 1997 Lot 7, Block 5, Naples Manor 06030 I. Lakes - 5226 Broward S~ LOMR-F 964-152 November 6, ] 996 Lot 19, Block 4, Naples Manor 06030 Lakes - 5229 Broward Street LOMR-F 964-295 October 21,1996 Lot 21, Block 10, Naples Manor 06030 Unit] - S22 I McCarty SIRe! LOMR-F 964-296 October 21,1996 Lot 2, Block 5, Naples Manor 06030 Annex - 5205 Warren Street LOMR-F 964-297 October 2), ] 996 Lot 24 and East ~ of Lot 25, 06030 Block] 2, Naples Manor Lakes 5365 Broward Street LOMR-F 96-04-1594A October 7, 1996 Lot 2. Block 3, Naples Manor 06010 Annex - 5305 Warren Sttee1 LOMR.-F 96-04-1272A September 6, 1996 Lot ]4, Block 4, Naples Manor 0603G A1mex - 5309 Caldwell Street LOMR-F 964-151 September 5, 1996 Lot ] 7, Sunrise Villas 0394G 898 San Remo Avenue LOMR-F 963-291 August 16, 1996 Lot 14, Block 6, NapJes Manor 06010 Unit 1 - 5330 Dixie Drive LOMR-F 963-325 July 24, 1996 Lot 13, Block 3, NapJes MaDor 0601G Unit] - 5331 Dixie Drive LOMR-F 963-277 July ) 0, 1996 Lot 22, Block 5, Naples Manor 0603G Annex - 5217 Caldwell 'Street LOMR-F L-962-104 Febnwy 27, 1996 060SG 3 LOMR 94-04-285P OctOber 21, 1994 Winds1ar Planned Unit 0581G &: 2 Development OS82G LOMR-F L-944-224 September 30, 1994 Lot 31, Block 7, Nap1es Manor 0603-0 Lakes - 52 J 4 Mitchell Street LOMR 914062 JuJy 17, 1991 03790 2 LOMA August 29, 1984 Lot 15, North Naples Estates J I Lowest Adjacent Grade is below Base Flood Elevation. 2 Revised hydrologic and hydraulic analysis. J )nsuff"lCient information available to make a determination. Mar-2D-D5 05:51pI Fraa- T-37ige~JI{Mm rfiõ~~G June 28. 2005 Page 19 of 33 Page 90f9 4. LOMRs and WMAs to be Re-determined The LOMCs in Category 2 oftbis fonn are revalidated 1hroucb a single letter that JUftirms the validity of a previously issued LOMC. Therefore, LOMCs issued for multiple lots or structures where the detcJ"DJiDatioD for one or more of the lots or stTUC'tlD'es have changed cannot be revalidated throu¡b this administtative process. However, we will review the data which were previously submitted as pan of1he original LOMR or LOMA request Usted below and issue a new detennination for the subject properties after the FIRM effective date. LOMC Case No. Effective Date Proiect Identifier New Panel LOMA 02-04-2070A February 1, 2002 Lot II, Orange Tree Unit Four O2SOG CitrUS Greens Secti~ Phase 2-A - 892 Summerfield Drive LOMR-F 96-04-1326A September 17, 1996 11572 Laasko Lane and 11523 06500 Labrador Lane _n _ May-20-05 05:51PI From- T-37Âge~dlti(&Rn t.fõHtJG June 28. 2005 Page 20 of 33 Billing Code 67] 8-03-M FEDERAL EMERGENCY MANAGEMENT AGENCY ~ CFR Pan 67 Figa) Flood EJevatioa Determinations AGENCY: FederaJ Emergency Management Aaency (FEMA). Emergency Prep~ and Resp0D5e DiTectora1e, Depanmenl ofHomeJand Secmiwy. ACTION: Final ruJe. SUMMARY: FinaJ Base (] % annuaJ chance) flood elevations are detennined for the eommunitics Jjsted be)ow. The base f100d eJevaùons are 1be basis for the floodplain manaeemeut JDC8SID'eS that each COJJ1J1iunhy is required either to adopt or 10 show evidœce of being abady iD dfeca in order to qualify or remain qualified for parúcipa1ion in the National Flood Insurance Program (NfIP). EFFECTIVE DA YES: The date of issuance of 'the Flood 1nsuranc:e Rate Map (FIRM) sbowm. ba5e 1100d elevations for each community. TIPs date may be obtained by CODtaCÙJ1g the office where the maps are avaiJable for inspection as indjcated on the tabJe beJow. ADDRESSES: See table below. FOR FURTHER JNFORMA nON CONTACT: Doug BeJJomo. P .E., CFM. ClUef, Hazard Jdenrlfjanion Section, Mitigation Division. Emergency Prepaw.dncss and Response Directory, Soo C Street, S.W., Washington. DC 20472, (202) 646-2903. SUPPLEl\ŒNT ARY JNFO~'\fA nON: The Federal Emer¡ency Management A~ency (FEMA or Agency) gjves notice of1be fmaJ determinations of base flood eJevarions.(or 1 May-,u-UÞ 05:51pm Fram- T-374 P.I &12D :-tLt.- Agenöa ITe1ñ No. ,m;; June 28, 2005 Page 21 of 33 each community Jisted. The proposed base flood elevations or proposed moctifiecJ base flood elevations have been pubJished m t.he federal ReCÎS1et for.eacb community 1iSled. This finaJ rule .is issued in accordance with section J J 0 of the Flood DisastC'l' Protection AC1 of 1973, 42 U.S.C. 4 J 04, and 44 CFR pan 67. AD opporruMy for the community or individua1s to appeal proposed determiua1ion 10 or tbJOugb the community fOJ' 8 period ofninety (90) days bas been provided. The AgCDC)' bas developed cri.eria for floodphÙÐ management in 1100dpnme areas in accordance with 44 CFR pan 60. Pursuant to the provisions of S USC 6OS(b), the AdminiS1J'8tOl", 10 'Whom authority bas been delegated by the Director, Federal Emergency Manasemcøt Agency, her:eby certifies for reasons set out in the proposed rule that the finaJ flood elevarion detel"JJÙna'Üons., if promulgated, will not have signifJCaDt economic impac:1 OJ) a substamia] number of smaD enútiC$. AJso, Wi rule is not a major ro)e under terms of Executive Order 1229], so no Tegu]alor)l anaJyses bave been prepared. It does not invoJv~ any C:OlJec::tiOD of ÙJfOJ'J'Da1ion for pwposes of1he Paperwork ReductÏcm AC1. List of Subjecu in 44 CFR ParI 67_ Flood Jnsurance, Floodplains. The aUÙJority citatjOJ) for Pan 67 COÐtmuC5 10 read as {oJJows: Autbority: 42 U.S.C. 4001 ~.; Reorganization P1an No.3 of ¡978~ 3 ~ ] 978 Comp.. p. 329; E.O. 12127, 44 fR 19367, 3 CFR, 1979 Comp., p. 376. 2 May-ZD-05 05:51PI From- T-3T4 P.IS/ZD F-t44 Agenda Item No. 10G June 28, 2005 Page 22 of 33 1nterested Jessees and owners of Pea] propel1y an enco1ll"8øed to review the proof F100d Jnsunmce Study and FJood Insurance Rate Map available at the address ci1ed beJow for each COJJØJ1U1Üty. The base 1100d eJevations are fmalized in 'the communities lis&ed below. EJevations at seJected Jocations m each conmnmity arc shown. Any appeals oftbe proposed base flood elevations which were rec:eived bave been resoJv.ed by the Aeency. #Depth in feet above ßI'Ound. EJeva1ion iD Feet -(NGVD) -<NAVD) Sta1e CitylTownICounty SOUTCe ofFJooding and Location ::; -~._._- May-20-05 05:51PI Fra.- T-974 P .17/20 F-144 Agenda Item No. 'fOG June 28, 2005 Page 23 of 33 Florida Collier Coumy (Uninc:orpora1ed Areas) (FEMA Docket No. .1>-7524) Golf ofMexic:o: Approxima1dy 300 feet WO&t oftbe iDteøeçtio1t ofCormneJy;e Street aDd 0uJf Shore Drive At the iutasec:tiOD of Seagull Aveuue aM VaDdesbüt Drive Approximately 800 feet soadlwost of the ÍD1USCCt1OJ1 of G1eÞ!ale Avenue aDd Veactian Way At the inleDeÇtion of ~va Drive and Coconut Circle Soudl Maps available for in.specti<m at the Collier County Adminisntive Bui1ding. 3301 Tamiami Trail. Naøles, Florida. ..18 -13 -13 -6 May-20-0S 05:51pm FrDm- T-3r.-tgerfdá~~Pn N&I~G . June' 28. 2005 . . ," , . Påge 24 pf 33 . .' F~dera) Eme:rgency Management.A.gency. . Waslúnglon, D.C. 20472 , . MAR 2 4. 3XJ4 CERTIED MAIL JŒ11JRN'RECEIPT REQUESTED . Ms. ·DoDJIB Fiala CbairmaD'oflhc CoUier County Board of~ Commissioners , 3301 East '(&miami TJBiJ NapJ~ Ftorida 34))2 Dear Ms. FiaJa: Community: CoUiCF Cmmty, FJorida " (lhüncorporated ARas) CommUlÜ1y No.: ) 20067 This Jetter wJlJ suve as fonnaJ D01ificatiOD that the final Base (] % annua) chance) Flood .' ~cvaùon (BFE) determination for the umncorporated areas of CoJJi~ County, as estabHshécl in . ~ our enclosed December S. 2003, Jetter, bas been rescinded. The dfcct of1his action is 10 pOstpoDC the effective date of ApriJ 1672004, that was established for the FJood Insunmce Study (FIS) aDd Flood Insunmce Ra1C Map (FIRM) for CoJJjer County, FJorida and JncolpOl"a1ed AJas. Following detailed coordination with CoJIier Coun1y officia1s, we have determined that more accurate ami up--to-åatc data can be used to improve )ocaJ ßood hazard ÍDfonnabon. During the coming months we wJ1J continue to work cJosely with Comer County to incorp~ this data into the F1S aDd FIRM. We trUSt that the enhancement ofme flood hazard mapping w.iD a1Jow propc:rry owners and communities to better understand a.nd comprehend their flood risk, and thus, make better floodplain management and 1100d ~ purchase decisions. Reside:ms and communiI)' offiåaJs who have further qucsûons regardine the remapping drOIt may CODtac11he Federal Emqcncy Management A@CDCy (FEMA) Map Assistance Center toU-D-ee infmmatioJJ line at ]·877·F£MA MAP (1-877-336-2627). Sincerely.. EncJosure . cc: Mr. Jün CoJetta, CoJlier County Board of County Commissioners Mr. James V. Mudd. Collier Count)' Manager Mr. Joseph K. Schm~ Administrator, Community DeveJopmem and EnvironmentaJ Services Djvisjon Mr. Patrick G. White, AssistaDt Co1Jjer County Anomey Mr. Charles H. Speîpts. State NAP Coordinator :FEMA 1tqion IV Office Ú/Lt..:-. /{ ~ B .(.,. Doug Bellomo, P .E., CFM, ActiDg cmd Hazard JdeDtification Section Mitigation Division Emergency Preparedness and Response Directorate May-ZO-05 05:51P11 FrOll- T-3T~ P ID/ZO F-tAA Agenda 11:em No. 1UG u.s. Depuœaød ........ ~jl1 SOO C S1rccI. ~ Page 25 of 33 WubiDøIoD. DC 20172 '\ . FEMA JAN 1 9 mi Mr. James V. Mudd CoDier County MaDaser 3301 East Tamiarni Trail Napies, Florida 34112 Dear Mr. Mudd, This is in response to your November 10. 2004, letter and in fonow-up to a DeCember 13. 2004, conference can witb Comer County officials. .As you may recall, representatives trom the Federal Emergency Management Agen-cy (FEMA) met with Conier County officials on FeþNary 13, 2004. at our Regional Office in Attanta, Georgia. to discoss the eounty's ongoing efforts to improve the September 25,2002, revised preliminary Flood Insura1'1œ Study (F1S) and Flood Insurance Rate Map (FIRM) for Collier County and íncorpora1ed ar.ea.s. At that tíme, FEMA agreed to provide CoJJier County with approximately nine months to prepare the technical data and mapping necessary 10 make improvements to the revised preliminary study. In response to our April 23. 2004, letter to Mr. Joseph K. Schmitt, Admini$trator of the Collier Count)' Community Development and Environmental Services Division, Ms. Donna Fiala. Chairman of the Comer County Board ofCoumy Commissioners, a!p"eed in a May 3.2004. tetter that FEMA may finalize the maps should the improved data not be avai1ab1e by December 1. 2004. You have requested an extension of the deadline unti1 March 31,2005, to continue your efforts, and have asked FEMA to 'COntinue to delay the finaU¡:ation oftbe maps. We thank the county once again for i1s continued commitment and expenditures·to improve the flood hazard information reflected in the Collier County and incorporated areas FIS and FJRM. Based on assurance trom Comer County officials to provide the nec:;essary information. we are willing to work with the county to improve the maps within the reques'IoCd timefran1e. As discussed with county officiaJs, we will extend the deadline until March 3]. 2005, for the completion of aU modeling and digital mapping and the incorporation of all technical review comments, as appropriate, for both the coastal a¡:eas and inland ba-sins. COf'IColTcntly, we wiH modify the revised preliminary maps to reflect a Zone 0 designatjon in the aw:ea of Golden Gate Estates and will be prepared to immediately finalize all maps should the March 31 deadline" not be met. For your review, we will forward draft copies. of al1 preliminar~ pane4s revi"$ed a-s pan of this process by February 1.2005. If we have not received all modeling and final digi1al mapping (both coastal and inland basins) with aU comments addressed by March 3 ), 2005. we: will proceed with finalizing the r.evised preliminary maps with the mocñfied Zone D designation in the area afGolden Gate E'Stat.es. Although weannot in-corporate paniaJ data submittals in a timely fashion as pan 'Ofthi"S~ffon. we will .glad]y work with the county to upda1e the maps in the future when an necenary information becomes BvaHable. ,,'WW.ftmt.e01 ________. _n___ ___ Uar-20-05 05:52pm FrOl- T-374A P.201.,2Q .lH.4L genaa fern No. lUG . June 28, 2Q05 ~age 26 of 33 -' 2 We app]aud tbe county's etTons to improve local flood naz.ard jmommon and wiD 'CODtlrÑè to work with you to ensure that the public remains informed aboutlbeir flood risks so that they can make berter floodplain management and flood insurance purchase decisions. If you have any questions. please do not hesitate to contact Mr. A Todd Davison, DiRCtOf, Federal Insurance and Mitigation Division ofFEMA in Atlanta. Georsi, at (710) 22().S40J or Emily Hirsch of our Headquarters staft'in Washington, D.C., ar (202) 646--2585, or by facsi~ile at (202) 646-4596. Sincerely, ~--p Michael F. HO~ nnch ~ Risk Jdentification Branch- Mitigation Division cc:: Ms. Donna Fiala Mr. Jìm Colena, Collier County Board ofCounty Commissioners Mr. Joseph K. Schmin Mr. A. WiJJiam Moss, Marco Island City Manaser Dr. Raben E. Lee. Naples City M8D8Ber The Honorable $ammy Hamilton, Mayor of the City ofEver-sJades City Mr. Patrick G. White, Assistant CoUier County Attorney Mr. Richard S. TomaseJ)o, P.E.. Tomasello Consulting Engineers. Jnc. Mr. Charles H. Speights. S181e NFJP Coordinator FEMA Region IV Office 1-· e e \ ~ COLLIER COUNTY MANAGER'S OFFICE Agenda Item No. 10G June 28, 2005 Page 27 of 33 April 22, 2003 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Michael M. Grimm Hazard Study Branch Federal Insurance and Mitigation Administration Federal Emergency Management Agency Washington, D.C. 20472 Subject: Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) Report for the Unincorporated Areas of Collier County, 115-A(C), Community No.: 120067, Community: Collier County, Florida, (Unincorporated Area) Dear Mr. Grimm: I am in receipt of your April 2, 2003 letter notifying Collier County of the detennination of the Base Flood Elevations (BFEs) for the greater Collier County unincorporated area along with the "final" Flood Insurance Rate Maps (FIRM) from the Federal Emergency Management Agency (FEMA). Having received these maps, Collier County respectfully requests that the implementation date for these maps be delayed until at least January 2005 to allow sufficient time to complete our restudy analysis and to adequately prepare for the approximately 7,500 expected Letters of Map Amendments that will be prepared and filed with your agency. I refer you to the attached Background data for a review of the history of our appeal of the BFEs. In summary, when Collier County received the first draft a few years ago, we, as a County, disagreed with some of the changes that appeared on the maps. One of the most onerous changes that we objected to was the "downgrading" of a large portion of an area called Golden Gate Estates from a mix of Zone X and Zone D designation (outside. the flood zone or hazard undetermined) to an unnumbered A zone (flood zone). The area of the Estates that was affected is about 65 square miles containing about 21,000 lots of which about 4,500 contain properly permitted residential dwelling units. e We submitted some calculations to FEMA's study contractor, Dewberry & Davis LLC, and now note that the Flood InS1J1"ance Rate Maps that were recently forwarded to Collier County integrate the results of the Dewberry analysis of our submittal. Regrettably, that analysis now cites additional random areas in the less occupied sections of Golden Gate X zones, that is, removed them ITom the flood zone, and added an additional 15 square miles of the most heavily occupied areas of Golden Gate to the A zone list. The net increase is about 3,000 more units that will now be required to obtain flood insurance or a LOMA without any actual need. The issuing of this most recent series of the FIRM maps serves as the first notification of these additional areas and as such the potential financial and implementation impacts on this portion of our Community, both collectively and individually, are enonnous. Agenda Item NO.1 OG Mi h I M G . A· C· f Fed al In d Mi .. ... June 28, 2005 c ae . nmm, ctIng 'hIe, er surance an tIgatIon AulIlIDIstratlOn Page 28 of 33 Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) - Collier County April 22, 2002 Page 2 e Assuming an average mortgage of $100,000, these 7,500 units will pay about $7,500,000 yearly in flood insurance; potential insurance costs that the residents had little or no warning of and costs that the majority of the property owners of this area can ill afford. Golden Gate is one of the more affordable places to live in Collier County. I note that the FEMA study also indicates that the Estates will flood to some unknown elevation. but to what elevation? There is no elevation specified. Lack of specific data places an undue burden on the homeowners affected by this series of maps in that they cannot even prove that they wì1l not flood and as a result they will be charged the highest insurance rate when this series is scheduled to legally take effect in October of 2003. Collier County in partnership with the City of Naples, has hired Tomasello Consulting Engineers, Inc., of Jupiter, Florida, to assists us in our continued appeal. The scope of work includes a re-evaluation of defining Base Flood Elevations for the Estates area and as such we are willing to provide that infonnation to Dewberry and Davis for analysis and approval. Your contractor has previously infonned us that if our consultant submits his restudy by mid-May that Dewberry will complete its review by July 1 and if so the restudy results will be adopted for the October date. We are hopeful that restudy will set the correct Base Flood Elevations throughout the Estates. e I also note that the newly issued flood maps are still topographically deficient in that they fail to note the micro-relief throughout the estates, specifically in regards to developed home sites. It has been a long-standing policy in this county to set new home slabs at or above 18 inches above the crown of the nearest road. Golden Gate Estates is served by wells and septic tanks. By code, septic tank drain fields must be set at a nùnimum elevation above the Wet Season Water Table. Allowing for the fall in the pipe, the fall across the tank, and the thickness of the slab, most houses in the Estates are well above the 18-inch minimum, and in the designated wetter areas, the home sites elevations are much higher than the surrounding area. We are confident that all the homes in Golden Gate Estates area are higher than the dictated study elevations, and any cursory review of county records will verify that there is no history of house flooding in Golden Gate Estates. CoJIier County acknowledges that the 80 square miles of Golden Gate that is affected by the FEMA maps has no reliable vertical control from which to survey finished floor elevations and that the lack of established control data has contributed to FEMA' s inability to note accurate flood plane elevations on the revised FIRM maps. As such, we have negotiated with Florida's Department of Environmental Protection and the National Geodetic Survey to establish 50 miles of Second Order vertical control benchmarks throughout the Estates. These elevation benchmarks will provide additional data to verify elevations throughout the Estates and will serve as control points for validating the final home site slab elevation surveys. That work is scheduled to start this month and is projected to be complete and usable by October 2003. e Regarding the anticipated 7,500 Letters of Map Amendment (LOMA), please recognize that to survey the elevations of the existing 7,500 affected floor slabs at the rate of 30 per day, it would take at least 250 work days to accomplish such a task, and that is only if we have the sufficient resources in the county to accomplish such a daunting task. There are 250 workdays in a year -- Agenda Item NO.1 OG June 28, 2005 Michael M. Grimm, Acting Chief, Federal Insurance and Mitigation Administration Page 29 of 33 Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) - Collier County April 22, 2002 Page 3 e and 30 surveys per day is an optimistic, maybe impossible, rate of work. The surveying cannot start until October, the date that the benchmarks are expected to be in place, and we anticipate that there wí11 be a surge of ap1)lications to s~ve having to purchase the required flood insurance. In closing I note again that we need a reprieve from the effective date of October 2003. Two years would be reasonable; a year would be an absolute minimum. Given that the County was previously assured that if its consultant was able to demonstrate elevations above which no flooding damage was possible, i.e., the base flood elevations were lower than the permissible elevations dwellings were permitted to be constructed at, then flood insurance would not be required in this area of the County. This commitment was made before the Board of County Commissioners in July of200t and this commmrity has acted in good faith to provide the needed infonnation so that this circumstance could be avoided. We believe this unanticipated circumstance and the associated financial burden is unfair to these property owners. This is especially true in light of the clear fact that many of these less well off residents would suffer a financially devastating impact. Especially when it is evident that few, if any, of these dwellings will actually ever require :flood insurance once the proper technical studies and determinations are completed. If you are unable to grant such a request, please advise as to the next step the county must take to delay implementation and please advise as to how your agency wishes to process the approximately 7,500 LOMAs, that is, would you prefer to have each filed separately or would you prefer to have; the county staff accumulate a specified number of LOMAs and have e them submitted in bulk by designated area. Sincerely yours, .../--, '. :.>./ í?.?~;~·J ,/:."/ f ..r:.~.{-.::."'.:.:,'~l( ,.;...<. --- t~-"~""'''~''/ /.0·:..... I f "u_o,__~. '.~' James V. Mudd County Manager JKS/prt ,- e cc: Joseph K. Schmitt, Administrator, Community Development and EnviromnentaI Services Division Stan Chrzanowski, Senior Engineer, Engineering Services Department Jim Turner, Collier County FEMA Coordinator, Building Review and Permitting Department Ed Perico, Director, Building Review and Permitting Department Patrick G. White, Esq., Assistant County Attorney Congressman Porter Goss, Attn: Ms. Vogt, Suite 300,2000 Main St., Ft. Meyers, FL 33901 Congressman Mario Diaz-Balant, Attn: Stephen Hart, 4715 Golden Gate Pkwy, Suite One, Naples, FL 34116 Commissioner Tom Henning, Chainnan, Collier County Board of County Commissioners Commissioner Donna Fiala, Collier County Board of County Commissioners Commissioner Jim Coletta, Collier County Board of County Commissioners Commissioner Fred Coyle, Collier County Board of County Commissioners Commissioner Frank Halas, Col1íer County Board of County Commissioners e Agenda Item No. 10G June 28, 2005 Michael M. Grimm, Acting Chief, Federal Insurance and Mitigation J-\.ùII1ÌnÍstration Page 30 of 33 Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) - Collier County April 22, 2002 Page 4 Backeround In December of 1998, the Federal Emergency Management Agency's (FEMA's) general consulting contractor, Dewberry & Davis, submitted a Flood Insurance Study (FIS) and associated preliminary Flood Insurance Rate Maps (FIRM) for unincorporated CoUier County and the cities of Naples, Marco Island and Everglades. Shortly after receiving the flood maps, a committee was organized that included representatives from all of the aforementioned local governments, along with representatives from the real estate, insurance, building, engineering and architectural sectors. In May 2001, with the support of the Committee, Collier County and the City of Naples jointly retained Tomasello Consulting Engineers, Inc. (TCE) to study the proposed maps and provide a preliminary report to the Board. TCE raised some issues concerning the calculations and methodology of the coastal study conducted by the contracting consultants for FEMA. The review process generated a number of reports, clarifications, and letters with conflicting opinions as to the methodology and findings of the PIS. Specific issues of concern related to the frequency of storm occurrence and the most appropriate approach to determining wave setup at this location. e On July 31, 2001, the Collier County Board of County Commissioners considered the preliminary technical fmdings of TCE, a report from FEMA and its consultants, and testimony from Committee representatives. The Board then authorized TCE to further review FEMA' s preliminary maps with an understanding that further study would likely result in preparation and filing of an appeal with FEMA at the end of the agency's ninety (90) day appeal window. The nature of the appeal was to point out scientific and technical errors in the data and methodology utilized by FEMA to produce its proposed maps. The detailed results of TCE's study validated the existence of viable scientific and technical grounds for filing an official appeal. Subsequently, on December 24, 2001, Collier County formally appealed the coastal analyses presented in the preliminary PIS. The appeal itself summarized a number of technical concerns presented in a December 2001 report prepared by TCE entitled "Appeal of Flood Insurance Restudy (RFIS) Proposed Base Flood Elevations for Collier County and City of Naples." This report, which served as the basis of the preliminary PIS appeal, argues that the Base Flood Elevations assumed in the preliminary PIS are scientifically and technically incorrect. e On September 25, 2002, County staff along with Mr. Bob Devlin of the City of Naples and our contractor Richard Tomasello of TCE, Inc. met with Doug Bellamo of the Hazard Study Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency (FEMA) and representatives of his staff to discuss our appeal of the revised FEMA flood insurance rate maps. Mr. Bellamo acknowledged our concerns again but at the conclusion of the meeting he formally presented the Community with a letter dated September 25, 2002, addressed to the Chairman of the Collier County Board of County Commissioners. In that letter, another FEMA representative noted that our methodology was not superior to the methodology utilized by their contractor, Dewberry & Davis, LLC, and that we had not validated that their data was technically flawed. This letter was intended to close the appeal process. Mr. Bellamo did, e .- e \ e Agenda Item No, 10G June 28, 2005 Michael M. Grimm, Acting Chief, Federal Insurance and Mitigation AúIIÚnistration Page 31 of 33 Flood Insurance Rate Map (FIRM) and Flood Insurance Study (PIS) - Collier County April 22, 2002 Page 5 however, emphasize a willingness to work with the County on a phased submittal and review process to incorporate modeling and map revision requests concerning the Golden Gate Estates (Sheet 2D study) and/or the coastal analyses. As a result, on October 25, 2002, County Manager Jim Mudd, on behalf of the Collier County Board of County Commissioner's Chainnan, James N. Coletta, acting in his capacity as our Community's Chief Executive Officer (CEO), forwarded to the Federal Emergency Management Agency, Hazards Study Branch, Federal Insurance and Mitigation Administration, the Community's (Collier County and the City of Naples) written comments in response to FEMA's review of our appeal. The written response formally objected to the revised maps, and thereby assured the Community that we were proceeding into the next step in the appeal resolution process. The comments reflected a synthesis of comments from the City of Naples, Collier County, and our consultant, Tomasello Consulting Engineers (TCE). In summary, the comments in that letter stated the following: 1. The latest FIRM maps for virtually the entire Golden Gate Estates area do not provide accurate floodplain information. The map panels do not have any base flood elevations (BFE's) shown even though TCE's analysis (provided as part of our appeal utilizing a methodology approved by FEMA) calculated 100 year flood elevations (BFE's) for the area and we respectfully reject FEMA's suggestion to have residents in the area use the LaMA or LOMR processes for relief from what could be unprecedented flood insurance premiums or unnecessary documentation of approved construction above the floodplain. 2. FEMA's review failed to include any response to our appeal issue concerning the inadequaCies of the underlying 'Flood Insurance Study (PIS) transects. We continue to question whether the number and location of the transects is representative of the actual Collier coast, and further emphasize that the LIDAR data now available are more accurate and technically superior and should be utilized as part of any revised study. 3. FEMA's own sub-contractor hired to review our Community's appeal (Baird & Associates) had recommended not using adjustments of the 0.2' suggested by FEMA. However, FEMA continues to assume the wave setup on the open coast is 1.4', while the RFIS report clearly states it already included the 0.2' frequency adjustment. 4. Although Baird says that TCE did not consider the stonn parameter interdependencies, TCE has yet to find any support for this statement. Regardless, in the event there was an oversight on TCE's part, any correction to the stonn parameter interdependencies would lead to lower still water elevations. 5. Our appeal prepared by TCE did not use the National Weather Service, NWS-38 statistics, in part, because the statistics from NWS-38 are based on a data set that has not been updated for almost two decades, and are therefore, scientifically incorrect and not technically superior to those used by TCE. This conclusion is bolstered by the fact that the NWS-38 data does not include a few storms that passed inland of Naples. Regardless, as Baird & Associates (Baird) has previously pointed out to FEMA, the RFIS was also not based on NWS-38. To resolve this issue, an extension of the NWS-38 methodology to include additional years of data is possible, though it is not conceded that e e e Agenda Item No. 10G June 28, 2005 Michael M. Grimm, Acting Chief, Federal Insurance and Mitigation J-\illIlÏnistration Page 32 of 33 Flood Insurance Rate Map (FIRM) and Flood Insurance Study (PIS) - Collier County April 22, 2002 Page 6 this is the best approach for providing input data for the surge modeling for the Naples area. 6. It is incorrect for Baird to state that NWS-38 only considered data from 1900 onwards for its calculations of frequency of occurrence. The estimat"es of frequency of occurrence in NWS-38 were based on storm data from 1871 through 1984, as clearly stated in the abstract ofNWS-38. Other storm parameters in NWS-38 were estimated from data from 1900 onwards. The data presented and methodology used by TCE are technically superior and more scientifically correct as evidenced by the fact that the frequency of occurrence calculated in the TCE report is very similar to the results of the SFWMD and NWS-38 studies. 7. TCE's approach to calculating the alongshore storm frequency per nautical nùle is scientifically correct and technically superior because it determines the number of storms that move along the shore, both inland and offshore, by dividing by the diameter, not the radius of the circle of interest. TCE made such a calculation and we stand by the conclusion that the FEMA study erred in calculating alongshore frequency. 8. The frequencies of the landfalling, exiting and alongshore storms should be applied separately for the purposes of surge modeling. Furthermore, the characteristics (storm parameters) vary considerably depending on the direction of storm motion. TCE's report lumped the separate frequencies together into a single number solely in order to compare the results of the various studies regarding the total storm frequency in the vicinity of Naples. Otherwise, TCE provided frequency of occurrence separated on the basis of storm motion in a manner that is more scientifically correct and technically superior. 9. The ninety-five (95) storm events that are broken down into sub-populations of smaller sample size are sufficiently large enough to distinguish differences in typical storm parameters because they depend on direction of storm motion. These results are quite consistent with physical reasoning with respect to stonn track climatology, the large-scale environmental factors that affect tropical cyclones and the local geography of the coast near Naples. Regardless, the Community agrees that future work can, and should, be done with respect to quantitative significance levels in coordination with FEMA's agents to demonstrate that this methodology and data are scientifically correct and technically superior. 10. Additional comment with respect to probabilities of pressure depression: Our analysis does not significantly underestimate the pressure depression of stonns that directly affect the coastline around Naples. As stated in TCE's report, the data set in their study included more recent storms that have strong! y favored cyclones of tropical storm, not hurricane, strength. Because the updated data are not included in NWS- 38 and the SFWMD study and the methods utilized in the other studies tended to include statistics from strong storms that did not directly affect the Naples area, we are of the opinion that the TCE data and methodology scientifically correct and technically superior. 11. Baird indicated that TCE's PROBS analysis did not include conditional probabilities between storm direction and pressure, nor between forward speed and pressure. Although this claim is relevant, TCE has not found any evidence to support this e e 1. Agenda Item No.1 OG . . . ..... . June 28, 2005 Michael M. Gnmm, Actmg Chlef, Federal Insurance and Mitigation h.ûffi1llistratlon Page 33 of 33 Flood Insurance Rate Map (FIRM) and Flood Insurance Study (PIS) - Collier County April 22, 2002 Page 7 statement, perhaps, in part, because TCE's request for clarification on this point has not resulted in an adequate response from Baird. Regardless, in the event of an oversight by TCE, the resulting effect of any correction would be further reductions to the still water stages that would necessitate lower BFE's on the preliminary maps. 12. Review of the maps we received on September 25th reveal that flood zone delineation lines are barely visible. In addition, some of the flood zone delineation lines are not visible where they intersect with a street. Agenda Item No. 10H June 28, 2005 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to award Bid #05-3833 to Encore Construction Company for the North County Regional Water Treatment Plant (NCRWTP) Appurtenances for Mid Hawthorn Zone 1 Wells 114N, 115N, and 116N, in the amount of $1,690,000, Project Number 710111. OBJECTIVE: To obtain Board approval for an award of a bid to construct pumping and transmission facilities for three Mid Hawthorn Zone 1 raw water supply wells (drilled under a separate contract) for the North County Regional Water Treatment Plant. CONSIDERA TIONS: Public Purpose: To increase the reliability of our water production facilities to ensure adequate capacity to meet the water demands of our customers. Scope: The scope of this project includes construction of 120 lineal feet of8-inch PYC pipe and 100 lineal feet of 6-inch stainless steel pipe, three well facilities, three well pumps, and associated electrical, instrumentation and controls for three Mid Hawthorn Zone 1 raw water supply wells for the NCRWTP, resulting in a net increase of approximately three million gallons per day of treatable raw water to the NCR WTP. _. Legal, Purchasing. and/or Finance Department Guidance: The County Attorney's Office will review the contract for legal sufficiency prior to the Chairman's signature. The Clerk's Finance and Accounting Division has reviewed the information contained herein. Procurement: Bid #05-3833 was advertised April 14, 2005 and two hundred and sixty (260) notices were sent to prospective bidders. On May 24, 2005 sealed bids were opened for this project. Three bid responses were received and are listed below: Bidder Encore Construction Company D.N. Higgins Mitchell & Stark Construction Co. Amount $1,690,000 $1,777,000 $2,191,000 The lowest responsible, responsive bid was received from Encore Construction Company in the amount of$I,690,000, which is lower than the design professional's (Hazen and Sawyer (H&S» cost estimate of $1,800,000. The bid tabulation is attached. Staff and H&S have reviewed the bid and qualifications of the low bidder, and have determined that Encore Construction Company is qualified and able to perform the required work. Staff concurs with the design professional's assessment that scope and costs are fair and reasonable, and therefore recommends award to Encore Construction Company. The design professional's recommendation letter dated May 27, 2005 is attached. A timeline is attached which shows schedule and costs of all tasks associated with this project. FISCAL IMP ACT: FY 05 Funding: Funds in the amount of $1,690,000 are available in Project 710111, NCRWTP Mid Hawthorn Zone 1 Well Field. The source of funds is Water User Fees. .-' Executive Summary Approve Contract 05-3833 Page 2 Agenda Item No. 10H June 28, 2005 Page 2 of 8 Total Estimated Proiect Costs: This project was intentionally divided into two succinct contracts to expedite timely completion as follows: (I) Bid No. 04-3663: The Board previously awarded this well drilling contract to Diversified Drilling on July 27,2004, Item 10M. The total construction contract amount was $3,207,613. This contract included drilling three Lower Hawthorn' Wells 18N, 19N, 20N and seven Mid Hawthorn Zone 1 wells lOIN, 102N, 109N, 114N, 115N 116N, and 117N. The proportionate construction amount of Bid 04- 3663 attributable to Wells 114N, 115N, and 116N is approximately $556,500. Additionally, $18,000 in land acquisition costs and approximately $20,000 in permitting fees were incurred. (2) Bid No. 05-3833: This project in the amount of $1,690,000 as described in the scope above and named Appurtenances for Mid Hawthorn Zone 1 Wells ll4N, ll5N, and 116N, will equip Wells 114N, 115N, and 116N with piping, pumps, instrumentation, controls, and electrical to make them functional wells to deliver raw water to the NCRWTP for treatment and ultimate potable water distribution to our water customers. An engineering design and inspection services contract in the amount of $622,350 for all ten wells in (1) above was awarded by the Board to Hazen & Sawyer on December 16, 2003, Item 16(C)( 14). The proportionate amount attributable to just Wells 114N, 115N, and 116N is approximately $186,705. Thus, the total project cost for Mid Hawthorn Zone I Wells 114N, ] 15N, and 116N in-service, delivering raw water to the NCRWTP will be approximately $2,471,205. GROWTH MANAGEMENT IMPACT: This project will have no impact on growth management. The proposed contract is consistent with the 2003 Water Master Plan Update as adopted by the Board on May 25,2004 as Agenda Item 100, and the FY05 Water Capital Budget approved by the Board on September 23, 2004. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District: A. Award Contract 05-3833 to Encore Construction Company in the amount of $1 ,690,000. B. Authorize the Chairman to sign the standard construction contract after approval by the County Attorney's Office. PREPARED BY: Peter Schalt, PMP, Senior Project Manager, Public Utilities Engineering Department ,...-... Agenda Item No.1 OH June 28. 2005 Pago·3 at 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 10H Recommendation to award Bid #05-3833 to Encore Construction Company for the North County Regional Water Treatment Plant (NCRVVTP) Appurtenances for Mid Hawthorn Zane 1 Wells 114N, 115N. and 116N. in the amount of $1.690,000. Project Number ìl 0111. (JU11 Delany. Administrator. Public utilities) 6f28f2005 9:00:00 AM Item Number Item Summary Prepared By Date Pt~tm SduJt, ?MP S~I"¡I)t Project Manager 5/31/2Q05<4:,)3:56 PM Public Utilities Public Utilities Engineering Approved By Mike Hauer Acquisition Ma"~ger 0... Administrative Services; Pun:hasing &i212005 11 :16 AM Approved By Paul Mattausch Water Director Date Publi(: Utilì1ìl?$i Watt?!'" 612.'2005 11 :28 AM Approved By Roy 8. And@rson, P.E. Public Utilities Engineering Director Date Pu blic Utilitic:s. Public Utihlies Engine~ring 614/20056:38 AM Approved By Thom<J1; Wides Operations Director Date Public Utilities Public Utilities Operations 6J7!2005 11 :36 AM Approved By 9tlP,e CiI",ell Purch.:t$ill! /Gener;11 9'1(1:$ Director Date Administr.ative Services Purchas.íng S!8/2005 '10:19 AM Approved By Jame'i W. D~L()ny Public Utilith~·s Administrator Date Public. Utilitie!1o Public Utilities Adn,ini"tratiun 6181200512:42 PM Approved By OMS Coordinator Administrative As.sistant Date County Manaq..r's Offi(:e Office uf M¡ n¡~I~tnent & Budgd 6i10/2005 2:13 PM Approved By Sll~¡an U~¡h(!r SNlior M;U1a!J ~tnentlBudg(~t Analyst Datl~ County Manager'$ Office: Office 01 M¡lI)agt!'ment & Budget 6117'20052:21 PM Approved By Mi(:h~el Smyk( wskí Manilg.l'Oent & Bud~ t!t O rt!(:10J Date County Manager's Offic.'e Office of Man;aqement & Budget Si20!200S ":41 PM Approvt!d By Jam{~s V. M~ldd COllnly Mana!JC!'r [)at~ Board (If County Comrnj'!isiulwn. County Manager's Offic.f:' 6/20120057:22 PM ----_._--~-- Environmental Engineer:; & Scientists Agenda Item No: 10H June 28, 2005 Page 4 of 8 Hazen and $a1V~'er, P.C. 2101 Corpora1e Boulevard Boca Raton, F _ 33431 561 997-8070 Fax: 561 997-;1159 HAzEN AND ~~AWYER May 28, 2005 - Faxed/Mailed th¡s Date - Peter Schalt, PMP COLLIER COUNTY GO'IERNMENT Public Utilities EngineE ring 3301 East Tamiami Trail Building H, Third Floor Naples, Florida 34112 Collier County NCRWTP Appurtenances for Hawthorn Zone 1 Wells RO-114N. 115N and 116N -- Dear Pete; Three bids were receivE,d for the Collier County Bid No. 05-3833 entitled Appurtenances for Hawthorn Zone 1 Wells I ~O-114N, 115N and 116N on May 24, 2005. A bid tabulation su rnmary for the project is attachec I for reference purposes. The apparent low biddel' is Encore Construction Company at $1,690,000.00. The En9ineer's estimate for the project ",as $1,800,000. We have reviewed the t ids for the project and recommend award of the construction contract for Collier County Bid NCI. 05-3833 Appurtenances for Hawthorn Zone 1 Wells RO-114N, 115N and 116N to Encore Con:;truction Company in the amount of $1,690,000.00. Very truly yours, HAZEN AND SAWYER, P.C. --- John C. Koroshec, P.E. Project Manager c: Don Wi/líams - RKS Albert Muniz File: 41010.003-3.1.;; File: 41010.003-5.0 :~.. " ',,~ <::(1 O:41010.003L016 f> -"oj New York, NY· Armonk, NY, Woodbury. NY . Upper Saddle ,iveT, NJ' Oetroit. MI . Rale'qh, NC . Charlotte. NC· Fairfax. VA· Holly1wood. Ft.. eoca Raton. Fl' Fort Pierce. FL' Gainesville, f L 'Sarasota, fL' MiAmi, FL ----- ----- --- .... Zz cCcø ...I... ~... "'0 ~ä :æz t-II) cC'" w'" a:z ....~ a::: :E W' a.. ....0 Ct cCa: ~ :=!) N ...I.... II) cCW ~ g Z== N 0'" r=: "Ii -W ~ "Z N Wo >- a:N CD ell >Z ~ :E I-a: Q ;;; ZO ~ ::»:1: ãi 8~ 8 CD xc( a: ....:1: en a: a: '0 0° ii zu.. ~ffi z(.) ::»ä oz OW a:t: w;:) -a.. j!à 0 0 Õ.ß å.c " " " "i-8 :. :. :. i~ '0 C 0 fit fit " ID CD :. ~ '0 :>0- m '0 8 8 8 iD 81 i i ~ .. ID i ,.: ... s ~ CÐ at ... 0 ... ... Ñ to- 44 44 44 (If) d 0 0 8 0 0 z 0 0 0 E 0 0 0 0 0 0 fI: ~ g g 8 E a: '0 LO LO 10 = iã Eß Eß Eß "'C ¡¡;¡ N a: d 0 0 0 fI: a Z 0 0 0 GJ E 0 0 0 0 0 0 ~ 0 q 0 ò ~ "i '0 C'? C\I iD Eß Eß Eß ... 0 8 8 d 0 z Ó Ó d E 0 0 0 0 0 0 CD Ò cr) ,..: = CD Ii) C'? '0 ..... C\! <O~ iii ..... ..... ..... Eß Eß Eß c..i £: Ó >. Ü c c as 0.. 0 E :g 0 c..i 2 u ..!: - en C rii c: 0 0 U c: U '61 2 OJ ~ Cij :f to - a.. c: en 0 0 Z 'G u ~ oð ell ~ ëi) a.. Õ - 0 .r. C (,,) ~ g 0 c: 0 (.) w C ~ Agenda Item NO.1 OH June 28, 2005 Page 5 of 8 11:8 Wo >-ò ~o 00.... c~ ~~ z~ W._ ~ e :La.. .... - o .... CD :i a.. LO o , "It C\I I LO iI I- "'0 ffi 't ::J Q. ~ Z co .... .... Z LO .... .... :z "It .... .... . ::II: CD ;: .... Æ ~ i :r ~ !? CD CÐ t) ~~ . t:: ~§: ~~ .. Agenda Item NO.1 OH June 28, 2005 Page 6 of 8 ~ ~\O -i:j s::~ =- : em ~! gtJ ~~ ~O 'sêD §i z~ 17á c:-§ icn If e~ Q.m - I i ~ 8 i I g u 0 I i g 8' u ~ '" c r~ . ¡.... w - g ~ 8 ~I d I d !. 8 ~u (:; :& ô g" - Ii i! ;; - .. . ~ ~ i ~ a ~ ó Z @ ; - å - .. - ·i!1;~]!~! 1!i&~~~ 1I.2~11-šjs~ "'l-~.::I "'- -- ~.8 é ~..w~ g~ 11 - - . >. ::J . .... ogJ ~ ~ l.Ë!u a ¡ Ô~I) -i-OI1f2~O"= ..11:..-5 -:}i :~¡j~! :r 011 -~zo. j~~1~ == -t¡g on-S~ - ] Ñ - i -!~... ~-=E!Hc::~ 1 . ~ó5Ó~- 0&\__1 .- "'~Ir.,!J .!:I z '§ ~ -5 -E 6 .5 I~t¡ I'~·!cf~ ~ ~:¡¡Ei a:§f 1l .- ell! . !!~Z- ·~Ji~ li]uao ~š~~ ¥ '2- "'1" 0- g-:¡j1= Is ·....{;;z ::I 05&:1f-J.""'2 tUHJ~!¡ 'ã,. 0 = Ie> - ~ ~ l'~ Q ;, .~ ~ I j "&::..=~g ~·g~oð8 §~ ~.Q..ef:l)u Ij¡--¡'-oæ!;¡ . :i~-", i. ; &.¡u..... :æ_ ï5~ - ¡ g E Co «::: .- ts ¡¡ :f ;;; .2'- ~ ...- ....,. ~ - J! .: ~ ! ~ ;; < i'õ~~~:!~~.¡ t£o..s~._£__ a e i :s :0 1:1) U) 1'1) t ~ ! -J 3 -0 c= a:I Z at) ..-- .... Z 'V .... ~ ~. () ~~ ~ .:.Ji:j c: CD I~ I! "6"Q ~"! if z,*- i6_ II »1 It ..... - i z I,() ..- ..... ž . ..... ..- . 0 a:: CD 'i 3': ..- CD ,s ~ 25 .r:: ! :I: .Ë en CD 0 1,- ií 81 j~ g Ii ~ >->- >- >- >- I ; g , >->- >- >- >- ~ ~ - . ..- :: ,¡::' 8 f',..... i i ? >->- >- >- >- ~ ~ ,~ ~ "':. ; ..~ ..... ! ~r-. or. --l~ ~ ~ - .¡~ &Ie Q" e-¡ :::: 9= I-' &D§ '! ¡! ¡¡¡ !j ... ..Jtn :!j š! I~ ~- j ~ Ii i ! Ii E ~ 8J i. I~~ -5 :i 1 I~ I õ Æ ~! «i ¡ i. i ::J I- Agenda Item No.1 OH June 28, 2005 Page 7 of 8 Agenda Item No. 10H June 28, 2005 Page 8 of 8 Project Name: FY05 .' ./. ,m"'" FY07 ___L_-2..00..!...-___L_~~___L_ 2007 EVENT Land Acquisition $18,000 Permlttin $20,000 Design/ Permit $108,705 Construction $2,246,500 Inspection $78,000 Project Total $2,471,205 Qtr1 Qtr2 Qtr3 Qtr4 Qtr1 Qtr2' Qtr3 . Qtr4 Qtr1 . Qtr2 . Qtr3 Qtr4 Qtr1 Qtr2, Qtr3 , Qtr4' Qtr1 Qtr2, Qtr3,. Qtr4 L Recommended Action: Recommendation to award Bid #05-3833 to Encore Construction Company for the North County Regional Water Treatment Plant (NCRWTP) Appurtenances for Mid Hawthorn Zone 1 Wells 114N, 115N, and 116N, in the amount of $1,690,000, Project Number 710111. Agenda Item No. 101 June 28, 2005 Page 1 of 10 EXECUTIVE SUMMARY Recommendation to approve the necessary Budget Amendment and award Bid #05-3807 to D.N. Higgins, Inc. for the Construction of Wells 35 and 36, in the amount of $954,720, Project Number 701582. OBJECTIVE: The public purpose is to increase the reliability of our water production facilities to ensure adequate capacity to meet the water demands of our customers. This request is for approval of the needed Budget Amendment and award of a bid to construct pumping and transmission facilities for two Tamiami raw water supply wells, Wells 35 and 36, at the North County Regional Water Treatment Plant property. CONSIDERATIONS: The scope of this project includes construction and start up of two (2) new wells and appurtenances and connection to the existing raw water transmission system located on the NCRWTP property. Construction will require the installation of two (2) new wellheads, column pipe, submersible turbine pumps, raw water transmission mains, pig launching facility, valving, site work, instrumentation and controls, and electrical power. These wells will result in a net increase of approximately two million gallons per day of treatable raw water supply. Bid #05-3807 was advertised on March 9, 2005 and 247 notices were sent to prospective bidders. On May 20, 2005 sealed bids were opened for this project. Two (2) bid responses were received and are listed below: Bidder Amount D.N. Higgins, Inc. $ 954,720 Mitchell & Stark Construction Co. $1,126,960 The lowest responsible, responsive bid was received trom D.N. Higgins, Inc. in the amount of $954,720, which is lower than the design professional's cost estimate of $1,200,000. The signed bid tabulation is attached. Staff and the design professional, Camp Dresser and McKee, have reviewed the bid and qualifications of the low bidder and have determined that D.N. Higgins, Inc. is qualified and able to perform the required work. Staff concurs with the design professional's assessment that scope and costs are fair and reasonable, and therefore recommends award to D.N. Higgins, Inc. The design professional's recommendation letter dated May 23,2005 is attached. A timeline is attached which shows schedule and costs of all tasks associated with this project. The Clerk of Courts, Finance Department, has reviewed the information contained in this Executive Summary and the corresponding attachments. FISCAL IMP ACT: ","'.-" A. FY 05 Funding: Funds in the amount of $406,544 are available in Project 710582, Tamiami Well Replacement. A budget amendment is needed to transfer funds in the amount of $548,176 trom Project 710041, Raw Water Booster Pump Station Reliability. This project will not be initiated in FY05. The source of all funds is Water User Fees (Fund 412). B. Total Estimated Proiect Costs: This project was intentionally divided into two succinct parts to expedite completion as follows: Executive Summary Approve Contract 05-3807 Page 2 Agenda Item No.1 01 June 28, 2005 Page 2 of 10 (1) Tamiami wellfield drilling services: Bid No.: 04-3683, geotechnical investigation, and the drilling and testing of Tamiami wells. The Board previously awarded this contract to Golden Gate Well Drilling on July 27, 2004, Item 16C17, at a cost of $90,950.00 for each well (two wells at a maximum cost of$181 ,900.). (2) This project as described in the Scope above, Bid No. 05-3807, Construction of Wells 35 and 36, includes piping, pumping equipment, electrical, instrumentation/controls, site work, and structural work associated with the equipping of the wells constructed under Bid 04-3663 above, to make them functional wells that supply raw water, at a construction cost of $954,720. Total engineering design and inspection services costs associated with the total project are $246,058. This work order, CDM-FT-05-02, was awarded by the Board to Camp Dresser and McKee on January 11, 2005, Item 16C2. Total permitting costs are estimated at $15,000. In review, the total project cost for two (2) Tamiami Wells, 35 and 36, in service, producing raw water is $1,397,678, consisting of $246,058 for design engineering and construction inspection, $181,900for drilling services, $15,000 for permitting and $954,720 for construction as provided for in this executive summary. GROWTH MANAGEMENT IMP ACT: This project will have no impact on growth management. The proposed contract is consistent with the 2003 Water Master Plan Update as adopted by the Board on May 25, 2004 as Agenda Item 100, and the FY05 Water Capital Budget approved by the Board on September 23, 2004. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District: 1. Approve the necessary budget amendment to transfer funds from Project 710041, Raw Water Booster Pump Station Reliability, in the amount of $548, 176 to Project 701582 for construction of wells 35 and 36. 2. Approve award of construction services contract and authorize the Chairman to execute the standard construction agreement with D.N. Higgins, Inc., after County Attorney review, per Bid 05-3807 in the amount of $954,720. PREPARED BY: Karen B. Guliani, P.E. Principal Project Manager, Public Utilities Engineering Department .-- Agenda Item No. 101 June 28. 2005 Page :¡ of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS /- Item Number Item Summary 101 Recommendation to approve the necessary Blluget Amendment and award Bid #05·3807 to ON. Higgins. inc for the Con!;.lrucljon of Wells 35 and 36, in the amount of $854.720, Project Number 701582. (Jim Delony. Administrator, Public Utilities} Meeting Date /312812005 9:0000 AM Prepared By Date K.;ur.:n B. Guliani, P.t:. Senil)f ProJec.l Mani.'\ger 5/3/200511;19:04 AM Public Utilities Public. Utìlities Engineermg Appro'Yed By Paul Mattnusdl Wattn Dm!'ct()f Dntt.' Public Uti¡¡tj ~!ò Water 613.'2005 ·1.:13 PM Approved By Roy B. Anders.on, P.E Public Utilities EI19Îneering Direc.tor Date Publi(; UtiliUc'S. Public ULihlie!) EJlgin"P.'rinq 614120058:45 AM Approved By Mike Hauer Acquisition M"ln.agcr Date Admini.s.tra.tive- Services. Purchasing GiG/200S 5:25 PM Approved By Tlu)mas Wjdl~~; Opj~ra1ionJ> Director Uat.. Public Utilities Public Utilities Operations 617f2005 -j :28 PM Approved By Ste'lf\ Carnell Purchasing/General SV¡;I> Director 0;11(': A.drninistnrtive Sp.rvi.;e~; P\lr<:h.a~Î"!l &/812005 "\ 0: 13 AM Approved By James W, DeLony Public Utilitie!S. Administrator Date Puhlic Utilitil!~ Public Utilities Administration bi812005 12:45 PM Approved By OMS Coordma.tor Administrative Assistant Date County Manager's Office Office at Managmnp.:nt" Budqet 6i10/200S 2:22 PM Approyed By Su:s.an Us.her SenÜ)r M.magcrncntlBud!Jet Analy::.t Date County Manager's Office Offic.e of Man39cment & Budget 611312005 5:33 PM Approved By Michael Snlykowçki Managernent & Bud~I ~t Dimt:t(H Oa1(': County Manager's Office Office of Management & Budget 6f2012005 5:1"1 PM Approved By Jilmes V, Mudd County Manager Da1e BOimJ at County Con"ni'i_~ionet~ County Manager's OfficI? Bi2112005 HI;10 AM r-- N "<t" N .. "C ( ) > 'ã) U Q) ... 'E CD en en CD en (.) "C :g:ë e:- _0 o ... ... Q) CDoC .c E E :J ::¡z Z ï..: CD .- Ole: (tI .~ e: - (tI :J ~C> ..... C U Q) Q) ... .~ CO e~ 0.. !!1 ã) ~ õ c ...... ° °õ<c ex>:J(") (") ... Lbû)~ ~§co iD~~ - III að 5 'ãjU .c:.¥ (,) ... _ CIS !iû) (Ø c '8 s: z ci tfJ ... "Ë~ ~ CDE ¡¡¡!!õ _Q)Õ ~ c ïñ'" ,- >. _~ CD -æ 1:: tfJ c :JtcO -o(tl g5.¡¡::~-g¡¡¡-o _C.ä.CD(tI_C !!1(t1~~tfJ~(tI .~ 10 ã3 ¡;jj g ï::::: C CD ~ tn C E 1:5 .~ (¡j ã) -0 '5. ¡¡:: ~ Q) E ~ C'5.rñQ).c _roQ)Q)=-O ro ° C OlE ro Q) co...--oij:: ~ ° :æ .ê .~ ¡¡¡ 'g tfJ ._'Ë ,!::i U ..... c. E - tfJ OIrñtfJ Q)ro:ë'C.50 tfJ~ ~!~,~g§~] -¡;;:5.9-Q)u æ~ (tI ¡s <v "C -~tfJ.r:;:. êií :5 !! :ê .Q> ¡¡¡ g õ C '§ 'Ë .~ Q. C .- >. "C -0 = "0 a) ,Q ~ .0 cCD >-..."0 (tI(¡jõëi5-æßOQ) .r:;:.,_c~>cQ) ¡s tfJu-.:;: _~CD.c> ï::o;:::Q.uE-o ...tfJ~:JQ)~cu :JtfJOIc.r:;:....O LL(tIc~uêií ~ I O-O~ -c c-æ "'-.0'; U ¡s'- ~ u ..!! O.!!!U-gã)tfJ,g~ :J Z -0 .5 (tI E ~ tfJ Q) '1:J c.....c>CtfJc. ~ ~ ~ ,~' ,Q i5 ê ~ tfJ (,) UJ Q) .9- (¡j c;::: 2 -æ g rn t: '5.. c. 0 a) :s ..¿ ~ "0 Og.-giií~C.oo ãi ã5tfJro~>g-~~ o o ci o o r--: ex> v ~ o o o o o ~ co (") ~ E ~ C/) E ~ ...J I .... Q) 1.0'" ..s:::: ~ § Q) Õ - Q.) .-::: ~ .S] ~ ~ ~ ~'õ~~]~] ·C =].:!J '" '" '" Q) .:2 ;.õ '" tfÎ.~ <:! ~ jg ° =- 00 ;: ·i is 0;; is.:2'S ~ ~ ~ 1;j ôt)~1)"= ,'~ .S .:; ~ ci ~ -g ,:::; Q) B .S ......> ..... t.::: ~ '8 '" v .;; '" <:I¡:¡=-6"'=a:s5 Q)-:S~ ~~~..§ ~ .~ õ ~ ~ t '" '" .£",= _..t::;:"';.õ ......2:5 o.U=]....5 "3 .f] ~ § i 8 : ~ J3 '" ° = Q) Q)'" 01)....0 ~ ,S ~ :a u 5 § .S >. Š "''''';:j'''~s::~.D~ =....u=oo"''''...... r:o="'t;::·.;;....Q) I ~ {J ......" § ..;s Ç) ~ N .~ i .[.~ ~ ~ ~ 8 0 ~ '" 'õ.. ~ > e ° ..Q Z I .~ '" Q) Õ e;; 0 0;; ~ N......s::....;:O> U¡'¡'¡ 0. '" Q) = ...... ;> t;:: E-< o 0. ..... 0 ",.,g ...... ...... z ~ 8 ,;¡; ~ 8 : [0 ~....§~QJ§"""'æ ¡.¡.¡ ~ = t;:: ~ = õ t: §.§ c: gf~ ~"~ ~ o '8 0. ;::j ...... ;:jo. .... .... E-< ...... .....0. 000 ~ áf §- ~ 'õ.. §- ~ ~ ¡.... ...... cj Z ~ w t: o ID ...J ~ o f- o C! o o o a> C") (") ~ o ~ o o o Ó V) N ~ '" 0. ~ c... Q) ~~ ~ § Q) :a ~ .;; 0 ......s:::: Q) '" is '" .D '" ;:j...... '" ...... '"""'''' C!.- ",. o ~ t Ô ...... ~ '";j .... '" .S '" § ..s:::: '" ï§ ;:j ~ '" o '" ~ ~ .S 01) Q) ...... .... ~~ Q)" '" U Q) Æ'-= c... 'û .....S ~ o .... '" Z ~ '" ",. ã ~.9~ ¡.¡.¡ 0 s:: t: 5 -~ o '" '" æ ~ õ Agenda Item No. 101 June 28, 2005 Page 4 of 10 00 0C! 00 00 00 MeD v ex> ~~ 00 00 00 00 00 r-" v .......... (A ~ ..t:: U '" ¡.¡.¡ o ~ t-;' I .... o z ~ ¡.¡.¡ t: Ç) ...... ..s::::~ ~~ ¡¡; ¡.... ~O ~¡.... .....N ~ N .. "C 0) ..;...; > ~ .~ en 0) en ... 0) en t)"C ;:5 0_ c 0 - o ... ... 0) 0)00 oOE E :J :JZ Z ¡,,; 0)- C)C IV .~ c- IV :J ::¡;;C> .... c ~ ~ .~ IV e~ Q. !!1 ã) ~ õ c ...... 0 ~1$«> (")2(") .n1ñ-g o c IV "'C 0 ëiiV~ ... II) . ~ .0 S~ ièñ II) c :~ :x: Z c.i j~& 0:=] t) co Q., ~O S"'éoo ::I ~ 1:> Q.,u~ ~ rv co ~ tI) S ~ §.~ -"'é ..... ~rv8: o 51 co ...; ~:.::: ¡::f rv ...... tU -- ~ ..... - ~ .... <8rvrvca ...... ~..c:: rv ca "'5. "'é . S 1:;) 0 .--I .S·S S ~ _ u..... "'é rv rv..... ;¡:~o ~8]~ .~ ~ ~ ~ ~ t:: .S S , ::I ~ <.::¡ ~ 8: E! ..g o co 0 e- Z"'érv"O ã .£J I)/) ~ ¢f == ..§ E-<coo- --===~ Q:;~- _ d 0 Õ ~:E-;J~ 00 00 LOO ...... 0 -=t Ñ ~~ 00 00 00 00 NO Ñ (") ~~ - rv c.E ..... co rv :.§ o ~ ..... , . ~ o z ~ -r-< o ..... o e¡ µ,. ..... a ~ ~~ ..... 0 ær-< rv ¡::: _ .B "'é '" '" == "'é rv co co e '" :ê':.::: I)/) ~ 'õ .S ~ ¡::: ¡:t ~ 0 E! Ü '.¡;j 0 t) ; ~ § ~..g u == o Q., 0 ! "'é '¡:: ---ã~rñ ~==-;3"'é o.Q '" ~ ~ .~ co - ? - U - 0 ca .... '3 IS. ~.g '" '" u .S .g '3 00 "'éE!~.Q ã~:s!E -;3::1gš 's .: :; .~ ::I 0 == 0 µ,.c::td.... o ~ Q., 1__ M ~ or) 1;:j 0 co o ti ~ z ~ I: ::;s Q., <8 ¡¡.¡ gp-g t:::.aco e¡.E! ..... g ~ .... çf "ë ] "'é ~ t.;::: OJ*' 'ü '" ~ co Q., .,r, '" 00 00 gg .....0 NÑ N ~~ 00 00 do 00 V1,0 .....Ñ ...... ~~ "Ë co :>- u :E ::I U 00 I "1 o Z ::;s ¡¡.¡ "'ér-< a ..... :>-8 u ~ :g~ Ur-< ~ 0 Q.,r-< ~ oô co .S .... I)/) 8.'~ oô 's.. '" ·ê ~ ---OÔOCO U¡:::"d"'é >:.au!ã e:,~ã!i .g d OÔ.!;:j .¡:: ::I .S Ò o Ô >.'.¡;j :a - Æ - u"'é .1)/) - .2 ~..§ rñ >. ..... :.a '" >. ·ß .§ "'é E ; ~- u .. u _-..obi);;. 8. 8 tií j .¡:: ~ .. ~ "'0 ].Ë & ¿ ~ "'oô'" --= .S == oô c:: ~ "'é..... c::.Q co !ã -g '1: 1) ..... Õq)c.E° 3 .S ~ .S .~ ¡:: '" ~ .~ Q., 3 I)/) "'é "'é ~ ,. == . .... '.¡;j çf öO I)/) ~ ~ .g ~ ~ . "'é co t.;::: ::I °ã~~õ z '" ~ ~.S ::;s.~ q)~..o_ § ¡=: s ~.~ 'i ~ ......::3 ~ ... Oq)üu.B æ~~~ë 00 o~ MO C") 0 ...... 0 as o ..- ~~ 00 o~ ..00 C") N ......(0 0> o ...... ~~ ...r .S o ....... ãi u 'ª -= u ~ S ~ Æ: "0 ~ .S ~ .ë. ~ Q., ~ J 15 ¡¡.¡ .S- Ü µ,. 0. c.E ~ ~ a ¡¡.¡ : ., ~ 7- .... ,S 9 ~ - ..... -C"I ~ _ C"I fä 00 ...... ~ :a1:>8~ -=E~O u co a µ,. .~.9 ~ ...:¡ o >< .;;¡ <I:: .....e~E-< Q.,.....o < ª"' ~ E-< Agenda Item No.1 01 June 28, 2005 Page 5 of 10 o o g o (0- CO') ~ o o o o o ri (0 ~ N == o I ..d <I) ::I Q.. ..¿ OJ .S ~ <I) OJ .... rñ' OJ Æ: .Š o ....... ~ <1)- ..... o 1 <-0 ""8 .~ co ::I <I) if gp .... ...... ~ .E ~ ~..d d ¡:t .§] OJ·... ~ ~~tn ::I Q) Q., Q S S ~ S j I'-N ~ N .. '0 Q) - > c:: .- Q) Q) en ~ en .... Q) en 1.>'0 ~:.ë 0...... c:: 0 ...... o .... ..... Q) Q).t:J .t:J E E :::J ::Jz Z L:: Q) .- c)c:: ro .~ c::- ro :::J ~" _ c: I.> Q) Q) .... ._ ro e~ a. !!1 ã> ~ Õ c:: I'- .Q _ o ·t5<o co:::JC") C") ..... ..000-0 o c:: æ '0 0 iñP~ - II) aØ g ëD° '¡:JiI: U .. _ as :ië;; II) c :~ :I: z ci do) do) I.> en .... ~ ~ ~ .... :::: g. ;:s ~ en '" ~ r') bO ~ f'fì .S .;g >- "g63"d) ~""O~ g '5 S .- d -- do)'.... >< - "'0 0 ~ã!5. s >- g- O ~ u t: ~ ~ ~.~ o 0] ~ E ~~"E _ u'ü .... ¡:: ¡¡:: ~ 8 '5 :: .~ ~ - - ...... ~<;;~ ~-&ã ~ ~ en - 00 ] -;j .S .S 8 ~ "'O~.... ::: ~ Q ~ - r.> ...c< ¿.s en 0 ¡:: "Ë 1a .- ;:s ... ¡:: r. ~ 0> ... & b u !5.~ 00 C!0 00 N(o ...-0> c;t) ~~ 00 C!C! 00 00 N(O c.ö ~ fh ~ >- ~ ;:;¡ 0- r;/) "'Or') ~ r') >-~ r.> 0 ~ µ.. g.~ "Ér;/)E-< ~ ¡¡ 0 >. ~ E-< o C! o (0 0>. I'- ~ ...- ~ o o ci N N 0) r-- ...- fh \0 o z ::s ¡¡.¡ ¡-. .- p:: o µ.. Q - ~ ~ E-< o E-< 01) .S c.> "g '.p u~ . S -& "'O@ ~ '" en ~ ¡:: ~ en 2 -;j gp p. 0 ..... ~ c.> ~ - ~ ~ ¡:: c.> .... r.> .;g 0 S r.> -~ ~ ~ ~ - c.. c.> ¡:: en ,--. r.> 0 "'0 N S ¡:: .... '-'..... ~ ~ o ... 0 ..-. ~ ':..t:: ~ .+oJ Q) rJ'j C'd _ c/} rJ'j ::I ]~~g' rn cu~o .5 t:: .. 0'\ "'0 .B ~ >- ã~.;g"d) ~]~~ '8 '" 'õ .~ S ~.S 0 µ.. ~ "'0 !5. ~~ªg- ;:s ~ - "'0 0:; ~.S ~ zo-.::~>- ::s§~JS~ ,.,..... 0 "'0 ~ t:: -;j r.> r.> ;:s ".....-¡¡::cr' - 2. 8 '5 r;/) §~§&[¡ .-c..c.>en~ o o ci r-- fh o o ci L() ..- fh o C! o g (0 ~ o o o o L() c;t) ...- ~ en "'0 ... ~ >- r.> ~ g. r;/) o 0\ I I r-- o Z r;/) ~ p.¡ E-< ....... Q ....... ~ ~ E-< o E-< .¿ r.> S p.. ..... p:: §.¡.¡.¡ ~~ 00 ~ - r.> :::;S ~ >- "'.D ~'"Ó <8E ¡:: en ;:s g >'0' ¡:: r.> ~ .... ... '" o ~ ""'..:.:: r.> .... u 0 ã ~ ~ ¡¡ ..9.9 ~ 0 ,>- 00 @ ... 0<8 Z ... ::s 0 ¡.¡.¡ 00 <;; t:: .¡:: o ~ ~ S o ~ o o o~ or) N fF.I o ~ o o o LÖ N (ß s ;:s r;/) S' ;:s ~ I 00 o z ::s ¡.¡.¡ ¡-. ....... o 55 ~ ¡-. o ¡-. ci .~ - ~ c.> t::: 'S S r.> "'0 .S "'0 @ 00 .S "'0 ::: o .D .B "'0 r.> -;j Q) .... en S r.> .~ <;; ... r.> ::: r.> ~ 0\ o z ::s ¡.¡.¡ E-< - o ~ Agenda Item No.1 01 June 28, 2005 Page 6 of 10 o c:: o o r')~ ....... ....... o C! o ø C) uS N ...- or- (ß fF.I o c:: o o o~ or. o C! o N I'- .,f L() 0> fF.I fh C") E :::J en c. E :::J -7 , C) o z ~ w !::: o co ...J « I- o I- en "ª :I o ... .c I- 0r- ( ) E CD :!:: '0 m CD ( ) ca ~ o ãi -' ~ o I- o Z ~ C) Agenda Item No. 101 June 28, 2005 Page 7 of 10 ""'N <e:t N .- "1:1 CD ..;...:; > c .- CD CD II) ¡fi II) ..... CD U) (.)"C :.;:::;15 0_ c 0 õ..... ..... CD CD.c .cE E ::J ::Jz Z ...: a> -- o¡C eo .~ c- eo ::J ::2C) _ c (.) CD CD ..... .~ eo e~ a.. .!!1 ã) ~ õ c "'" 0 ~~<c C")::JM 1-=1:) LO II) C o c eo "Co ffi~~ - II) oð c _0>->->->->->->- ãi(.) .c ~ u ... _ ft - - ::iEtn II) c: :~ >- >- >- >- >- >- >- :J: Z é ;2 J.. " ~~ ,~~ ~ I....... "',, .... ~ 1-;:::: ""< 1·-.., .;; Io::.¡ ~~ f". \~ ~ t':~ \c_~~ <e:t . .... Q) '0 '0 ffi Õ '0 II) 8 ~ Q5~a¡ ~ '- .9 "¡: ~ .3(.)9:!-U; ~ (.)eo~«(.)a> c J!!.Þ>< ..... .I<: ::JCUJ~CD (.) co-,¡::;"ë « eo(.)O.g2- ::::2:.c-eo- E ::JC(f)O'O::J (ij(f)a> -C'O .- '+- E s::. .g 0 C Q50Q)g"",(DCD 1ií¡¡;1iíCDC'O"C ::2::JU)¡::8ffi~ ..... a> ::J eo :J: c: a> _2 .1<:::= .- E ::::2:.... .. CD ë> ~ CD ~.~ g~ .¡¡¡ ¡,; eo f/) s::. Q) (.) c: ::ï~ a..~ ClIVI Agenda Item NO.1 01 June 28, 2005 Page 8 of 10 9311 College Parkway, Suite 1 Fort Myers, Florida 33919 tel: 239432·9494 fax: 239432-9453 May 23, 2005 Ms. Karen Guliani, P.E. Principal Project Manager Collier County Public Utilities Engineering Department 3301 East Tamiami Trail, Bldg. H Naples, FL 34112 Subject: Collier County Bid Number 05-3807 Golden Gate Wellfield Reliability Improvements Well Nos. 35 and 36 Apparent Low Bidder Evaluation Dear Ms. Guliani: On May 20, 2005, bids were received by Collier County for Well Nos. 35 and 36 for the Golden Gate Wellfield Reliability Improvements (Bid No. 05-3807). Bids were submitted by two bidders, with the apparent low bid submitted by Douglas N. Higgins, Inc. in the amount of $954,720.00 for Base Bid Items 1 through 9. The high bid of $1,126,960.00, submitted by Mitchell & Stark Construction Co., Inc., was $172,240.00 higher than the low bid of Douglas N. Higgins, Inc. COM has reviewed the bid package and experience of the apparent low bidder for the Collier County Well Nos. 35 and 36 project. We have reviewed the Experience Statement, submitted by Douglas N. Higgins, with their bid package. They have constructed two (2) projects for the Collier County Transportation Services Division and two (2) projects for the Collier County Public Utilities Engineering Department within the past 20 months. The construction costs for these four projects ranged from $500,000 up to $1.8 million. Douglas N. Higgins has also constructed numerous other multi-million dollar pipeline projects in the South Florida region. It is also our understanding that Douglas N. Higgins has been awarded the construction contract for RO Wells 101 and 102, by Collier County. . Douglas N. Higgins has completed previous projects of similar size and complexity as the proposed work. . Douglas N. Higgins is capable of perfonning the work of various trades (equipment, pipe installation, etc.) with the exception of electrical work. LK1005.doc consulting. engineering· construction· operations CDM Agenda Item No. 101 June 28, 2005 Page90f10 Ms. Karen Guliani, P.E. May 23, 2005 Page 2 . CDM has checked the summations in the Douglas N. Higgins bid proposal form, and no errors were found. In summary/ we believe that Douglas N. Higgins, Inc./ is qualified to perform the construction of Well Nos. 35 and 36 and their associated transmission mains. CDM recommends that Collier County award the project for the Total Lump Sum Base Bid, for Base Bid Items 1 through 9/ of Nine Hundred Fifty-Four Thousand, Seven Hundred Twenty dollars and no cents ($954/720.00) to Douglas N. Higgins, Inc. Should you have any questions or wish to discuss the issue further, please do not hesitate to call us. Very truly yours, ~f¿¿4· Adam Sobolewski, P.E. Construction Manager Camp Dresser & McKee Inc. cc: Pam Libby, Collier County Don Lindeman, CDM Stew Magenheimer, CDM Stefan Haecker, CDM LK1005.doc Agenda Item NO.1 01 June 28, 2005 Page 10 of 1 0 Construction EVENT Cost Land Acquisition NiA Permittin 515,000 Design/Permit 5246,058 Drilling 5181,900 Construction $954,720 Inspection PUED Project Total 51,397,671 Qtr1 Qtr2 Qtr3· Qtr4 . Qtr1 . Qtr2 . Qtr3 . Qtr4 Qtr1 . Qtr2 Qtr3·' Qtr4 Qtr1. Qtr2 Qtr3. Qtr4. Qtr1 . Qtr2 . Qtr3 .Qtr4 - Recommended Action: Recommendation to approve the necessary Budget Amendment and award Bid #05-3807 to D.N. Higgins, Inc. for the Construction of Wells 35 and 36, in the amount of $954,720, Project Number 701582. Agenda Item No.1 OJ June 28, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve a budget amendment in the Amount of $4,000,000 to initiate a new Public Utilities project to Design and Construct a three mile long water main on US 41 from Rattlesnake Hammock Road to Barefoot Williams Road Project 71059 (User Fees). OBJECTIVE: To obtain approval to initiate a project for the construction of a 16" water main on US 41 from Rattlesnake Hammock Road to Barefoot Williams Road. The public purpose is to replace the existing failing water main and to ensure safe, reliable potable water for the residents. CONSIDERATIONS: The scope of work includes upgrade and replacement of the existing 12" cast iron water main from Rattlesnake Hammock Road to Barefoot Williams Road. This water main is the primary feed for several subdivisions and this main also provides a loop feed to the Lely Country Club area and Naples Manor and also solves pressure problems, which is most evident during high water use periods. The actual cost of replacement of this water main will be presented to the Board under future procurement actions. We are proposing to build a 16" pipe to match the size of an adjacent existing pipeline. - The following is the history of the most recent failures of this main: 1. June 15, 2002 - The water main across from Broward Street in the Naples Manor area failed. The break occurred during the daytime and therefore isolation occurred in a reasonable time, which caused almost no damage to US 41. The failure involved a 5 foot split in the cast iron pipe and was repaired at a cost for outside services of $2,220. 2. October 7, 2003 - The water main near the intersection of Saint Andrews Blvd and US 41 failed. The break occurred during the overnight hours and was detected by the Sheriff's Department after extensive roadway damage. The break involved an 18 foot split in the cast iron pipe and was repaired at a cost for outsides services of $56,605.78. The majority of the repair cost was to replace the section of roadway damaged. 3. March 18, 2005 - The water main near the intersection of Raintree Lane and US 41 failed. The break occurred during the overnight hours and a citizen driving by alerted the on-call Water Department Team. By the time the break was isolated, significant damage to the US 41 roadway in both the southbound and northbound lanes had occurred. The break involved a 21 foot split in the cast iron pipe and was repaired at a cost for outside services of $86,955.03. Again the majority of the repair costs was to replace the section of roadway damaged. ~ Executive Summary US 41 from Rattlesnake Hammock Road to Barefoot Williams Road Page 2 Agenda Item NO.1 OJ June 28, 2005 Page 2 of 4 4. June 3, 2005 - The water main near the intersection of Johns Street and US 41 failed. The break also occurred during the overnight hours and was found by the Sheriff's Department. The break involved a 13 foot split in the cast iron pipe. No final cost is available for this break, but it should be between the $56,000 for break number 2 above and the $87,000 shown in break number 3 above. . It should be noted that all cost outlined above are funds expended for the repair services only and does not include the cost related to the County Staff time to be onsite, including from both the Public Utilities and Transportation Divisions and the cost of the water lost due to each break. These water mains breaks cause extensive damage to the roadway and create a safety hazard to the public. Also, the existing water main lies on solid rock and is considered to be the prime reason for such repeated failures. Based on the above stated facts it is necessary to replace this stretch of water main immediately. The Clerk's Finance & Accounting Division has reviewed the information contained in this Executive Summary. , ,~,,,.,,. FISCAL IMP ACT: A budget amendment in the amount of $4,000,000 to be transferred from the reserve is necessary for this project. The source of funds will be Water User fees. GROWTH MANAGEMENT IMPACT: There IS no impact to the Growth Management Plan related to this action. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water-Sewer District: I. Approve the budget amendment to create a new Public Utilities project, Replacement of water main on US 41 from Rattlesnake Hammock Road to Barefoot Williams Road Project in the amount of $4,000,000 Project 71059. PREPARED BY: Shanthi Sridhar, Project Manager, PUED .-. Agenda Item No.1 OJ June 28. 2005 F>age 3 of 4 COLLIER COlJNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 10J Meeting Date Recommendation 10 appro'Je 3 budget ame'1dlT1ent in 1M Amount Df 54.000,000 tD initiate a new Public Utilities project to Des.ign and Construct a failìr)g water main 011 US 41 from Ralllesnake HalY1rnock Raad to Barefoot 'JViHiams Road Project 71059 (User Fees) (JIm DeLany. Administrator, Public UtilIties) 6i28/2005 9:00.00 AM Approved By Pamela Libby Water Operations Manager Date Public Utilitìt!s Water 6i6:200S 4:33 PM Appro\'ed By William 0, Mullin, PE Principal Project Manager Date Public Utilities Public Uti!ìties Engineering &;$12005 11 :4~ AM Approved By ThDnlas WÎdl~!; Op;~t<lt¡()":!> Oiu'!dnr O¡)tt! Public Utìlities Public Utilities Operation!> 6i9f200S 3:12 PM Approved By P.:Iu! Matt.aus.ch Water Dirt!ctpr Oat~ f')ubhc UWitie,$ Water &!9/Z005 3:13 PM Approved By Roy B. AndeniQtI, P.E. Public Utilities Engineeorin~1 Director Date Public lJti!iti~s Public Utilities f..ngitlf!Ning 6/9/20054:48 PM Approved By J;um'_'5 w. DI~L )"y Public Utìlitieg Admini'\;tralnr D~ltl~ Public Utilitlt!:S Public tJlihlies Admltli~traliDn Si131200S 2:56 PM Approved By OMS Coordinator Adrninistmtive AIH¡Î!>tant Date County Manager's QUite Office of Management & Budget 6'14/20052:09 PM Approved By SU_'5;U1 U...IH~r S~niur M¡ na9t!n"mt!Bud!I.~t Analy!;t D.},f': County Manager'!> Qfficl~ Office of Management... Budget 61171200!) .4:52 PM Approved By Mic.hael Smykow:s.ki Management & Budget Director D;rte C<luntv ManaOI~r'!;. OffÜ;I~ Ofljl;(~ uf ManaQr.n-wnt 8. Bud!ll~1 6/20l2005 9:56 AM Approved By James V. Mudd County M<lnagcr Date Board of Co\mty Comrnissioners CøuYlty M¡¡n"I~leJ'!¡ OffiCI! "120120\1510:38 AM Agenda Item No, 10J June 28, 2005 Page 4 of 4 Project Name: Replacement of Water Main on US 41 Capital Project No. 75007 fY04 ,FYOS fY06 FY07 FYOa' . 2004 ----1...-~~----1...-~!!!_---1..-.~~----1...--2!!.~ EVENT Cost Qtr1 Qtr2 Qtr3 Qtr4 Qtr1 Qtr2 Qtr3 r1 Qtr2 Qtr3 Qtr4 Qtr1 Qtr2' Qtr3 Qtr4' Qtr1 Qtr2' Qtr3Qtr4 Engineering Design $50,000 Bid Services $5,000 - Construction $3,800,000 Construction Ins. $145,000 ---~--.. Project Total $4,000,000 Recommended Action: Recommendation to approve a budget amendment in the Amount of $4,000,000 to initiate a new Public Utilities project to Design and Construct a failing Water Main on US 41 from Rattlesnake Hammock Road to Barefoot Williams Road Project 750071 (Impact Fees) and Project 750072 (User Fees). <,- EXECUTIVE SUMMARY AgendaJ~~~ 2~~'26~~ Page 1 of 3 Recommendation that the Board of County Commissioners approve a draw of $27,000,000 against a previously approved Local Government Pooled Commercial Paper Program Loan Agreement; Designating the Chairman of the Board of County Commissioners to be the authorized signor of the draw agreement. OBJECTIVE: Recommendation that the Board of County Commissioners approve a draw of $27,000,000 against a previously approved loan agreement for purposes of constructing necessary water capital improvement projects and designate the Chainnan of the Board of County Commissioners to be the authorized signor of the draw agreement. ,,,""-" CONSIDERATIONS: The Public Utilities Department worked with the County's Finance Committee, Financial Advisor, and the Board of County Commissioners to put a $70,000,000 loan agreement in place. This financing arrangement was reviewed and approved by the Finance Committee, the Board's Financial Advisor, and the Board of County Commissioners. Resolution 2002-256, agenda item lOCK) was approved by the Board of County Commissioners (BOCC) on May 28, 2002. In the resolution, the BOCC, acting as the ex-officio governing board of the Collier County Water-Sewer District, authorized and directed the execution of draws against the loan agreement in an amount not exceeding $70,000,000 and delivery of a loan agreement with the Florida Local Government Finance Commission. The purpose of this borrowing is to finance the acquisition and construction of capital improvements to the utility system. To date no draws have been made against this loan. This draw request has been reviewed by the Clerk of Court's Finance Department. FISCAL IMPACT: A draw in the amount of $27,000,000 is necessary to meet water capital improvement projects identified in Exhibit A attached. Interest on this draw will start a month after the first draw is funded and the interest is due every month thereafter until fully paid; however, the interest rate is variable and the monthly payment may change. As scheduled, the monthly interest is expected to be approximately $60,000 @ 2.5% interest rate. All of the principal of the loan will come due as a balloon payment in December 2009. The draw can be prepaid at any time without penalty. The draw is to be repaid with net system operating revenues, system development fees and special assessment proceeds. The ad-valorem taxing power of the County will never be necessary or authorized to make the loan repayments. As noted, the final maturity of the draw is December 2009, but economic conditions may favor refinancing this loan as part of a revenue bond at a fixed interest rate. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the draw down of $27,000,000 against the previously established $70,000,000 commercial paper loan agreement to fund necessary water capital improvement projects; designating the Chairman of the Board of County Commissioners to be the authorized signor of the draw agreement. ,- PREPARED BY: Bala M. Sridhar, Senior Management & Budget Analyst, Public Utilities-Operations Agenda Item No.1 OK June 28, 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 10K Recommendation that the Board of County Commissioners approve a draw of $27.000,000 against a previously approved Local Government Pooled Commercial Paper Program Loan Agreement; designating the Chairman of the Board of County Commissioners to be the authorizecl signor of the draw agreement. (Jim DeLany, Administrator, Public Utiiities) 6/28/2005 9:QOOO A.M Item Number Item Summary Prepared By Date Baja Sridhar Stmior Mlln.agt!mnntfBud! l!!t Analyst 6116/2Q05 04:05:50 PM Public Utilities PublÍ<: Utilities Operations Approved By Thomas. "VldE~ Opl!'ratlon5 Director Dale Public Utilities Public Utilities Operations. lìi161200S 4:11 PM Approved By James W. DeLony Public Utilities Administrator Date- Puhh~: Utilitif!~ Public UhI¡t¡e~ Administration 6i16/20U5 4:28 PM Approved By DrJlB Coørdinator Administrative Assistant Date Cnunty M2mager':¡ Otfice Office ot Managernt:!nt &. Budget Si17'/200S 12:23 PM Approved By Susan Usher Senior Management!Budget Analys.t Date County Manager's Offk.e Office 01 Management & Budget Si20/200 5 .4:0". PM Approved By Mich;¡¡~1 Sn)ykuwSiki Mal1a!1j!o,I'fHmt & Bud~ll!t Diredor DatE! County Manager's Office Office of Management &. Budget 6!21/2005 9:21 AM Approved By James v. Mudd County Manager Date Board af County COlJlrnì!i'S.iont!r~ County Manager's Office 6121/200510:01 AM Agenda Item No. 10K June 28, 2005 Page 3 of 3 EXHIBIT A Public Utilities Potential Capital Projects For Inclusion For the Commercial Paper Draw First Draw of $27 Million of 570 Million Loan Already Approved Title Amount Impact (Dollars in Millions) FeelUser Fee U.S. 41, 16" Water MaiD, CR 951 $1.2 Impact Fee To Manatee Road Carica Road Potable Water $2.8 Impact Fee ASR Exploration Lime Softening Reactor #4 51.1 Impact Fee 2005 WeD Replacement Program $1.8 Impact Fee (Partial) Upgrade Degasification Towers at 51.4 Impact Fee SCRWTP SCRWTP 12-MGD Reverse Osmosis $2.6 Impact Fee Exoansion (11t Stage) SCRWTP 20-MGD Weur.eld $5.0 Impact Fee Expansion (lit Stage) Sub- Total Impact Fee $15.9 Lime Softening Reactor #4 $1.8 User Fee U.S. 41 Pipeline Repair $4.0 User Fee WeUfield Replacement Program $5.3 User Fee (Partial) Sub- Total User Rates SILl Total Impact and User Fee $17.0 Agenda Item No. 10L June 28, 2005 Page 1 of 11 EXECUTIVE SUMMARY Recommendation to approve the Environmental Impact Statement (EIS) with stafl's recommendations associated with the Final Plat and Constnletion Plans (PPL) for AR# 6399 (3500 Corporate Plaza, Kraft Construction) OBJECTIVE: To have the Board of County Commissioners (BCC) approve the EIS and staff recommendations associated with the Final Plat and Construction Plans for AR#6399 ("3500 Corporate Plaza", Kraft Construction). .- CONSIDERATION: The item was originally scheduled for review of the EIS at the Environmental Advisory Council's (EAC) May 4, 2005 meeting, but was continued by staff as a result of staff's analysis of potential inconsistencies with the Growth Management Plan and Land Development Code. The subject project was then submitted at the June 7, 2005 meeting. The EAC failed to obtain a quorum for the June Th meeting and tried to establish a quorum for a June 220d special meeting but could not. The matter is now scheduled to be heard by the EAC at their regularly scheduled July 6, 2005 meeting. Staff has finalized its analysis and the attached EAC Staff Report provides all staff recommendations. The following Environmental recommendations are provided below: 1. All inigation in created and natural preserves shall be zoned separately, shall be temporary and shall be removed or disconnected within one year of installation of the plant material. 2. The planting plan for the created preserves shall be amended to provide the appropriate plant species for the planted areas; taking into consideration the water table, the soils and calculated annual inwulation periods as a result of the water management system design. 3. The created preserve planting plan shall be modified to comply with the following LDC required planting criteria for the created preserves. "Plant material shall be planted in a manner that mimics a natural plant community and shall not be maintained as landscaping". 4. Walls that bisect the preserves shall be removed. 5. Annual monitoring reports shall be provided for the created preserves to assure their success. Copies of the EIS and PPL documents are on file at the offices of County Manager and Board of County Commissioners. FISCAL IMPACT: Continued delay regarding processing this application will increase the cost to the applicant. GROWfB MANAGEMENT IMP ACT: The proposed staff recommendations are consistent with the provisions of the Growth Management Plan. LEGAL CONSIDERATIONS: The EAC functions as an environmental impact statement (EIS) review board pursuant to Chapter 10 of the Land Development Code (Section 8.06.03.M). - Agenda Item No. 10L June 28, 2005 Page 2 of 11 RECOMMENDATION: That the BCC approve the Environmental Impact Statement (EIS) and staff recommendations as recommended in the attached staff report associated with the Final Plat and Construction Plans (PPL) for AR# 6399 (3500 Corporate Plaza. Kraft Construction). PREPARED BY: William D. Lorenz, Jr. P.E., Director, Environmental Services ,~""'h. ,_. Item Number Item Summary Meeting Dale Approved By James V, Mudd Board of County CommÎssionßrs AlJenda Item No. 10L June 28. 2005 Page 3 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10L Recommendat1011 to approve the Environmental impact Statement (EIS) wiU, staff's recommendations associated wIth the Final Plat and Construction Plans tPPU for ,A.,R# 6399 (3500 Corporate Plaza, Kraft Construction) IJos.eph K Schmitt. Administrator, Comrnunny Development) 6/28120059 0000 AM County Manager Date County Manager's Office 6/22/20055;36 PM Agenda Item No. 10L June 28, 2005 Page 4 of 11 Item V.A. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF June 1. 2005 I. NAME OF PETITIONERlPROJECT: Petition No.: Final Plat and Construction Plans No. PPL-2004-AR-6399 3500 Corporate Plaza Pine Ridge Investors of Naples, Inc. Q. Grady Minor and Assoc. Boylan Environmental Consultants, Inc. Petition Name: ApplicantlDeveloper: Engineering Consultant: Environmental Consultant: II. LOCATION: There are two subject parcels, which are under common ownership and are in two separate zoning districts. Both are zoned PUD and located next to one another on the south side of Pine Ridge Road. The first is Pine Ridge Center, which is located approximate 700 feet west of Whipporwìll Lane, and the other is Pine Ridge Center West, which is approximately 1000 feet west of Whipporwìll Lane. Pine Ridge Center is further described as Parcel 31, Folio number 0287520002, located in Section 18, Township 49 South, Range 26 East, Collier County, Florida. Pine Ridge Center West PUD is further described as Parcel 33, Folio number 00287400009, located in Section 18, Township 49 South, Range 26 East, Collier County, Florida. ID. DESCRIPTION OF SURROUNDING PROPERTIES: SURROUNDING: North: East: South: West: Pine Ridge Road then a Hotel and retail uses, zoned PUD Vacant, zoned PUD, Pine View PUD Hospice of Naples, zoned CF Good Earth Drive and vacant property zoned 'A' Rural Agricultural IV. PROJECT DESCRIPTION: Pine Ridge Center and Pine Ridge Center West PUDs were amended on February 27, 2001, to add uses such as building construction, building materials and similar use that were not previously allowed in the two PUDs. The two PUDs were rezoned as separate projects, but have a common 6O-foot wide shared access and have identical pennitted uses and development standards. The PUDs are now under common ownership and it is EAC Meeting Agenda Item No. 10L June 28, 2005 Page 5 of 11 Page 20f8 the owner's intent to develop these PUDs as a unified project. In order to develop the two PUD's as a unified project the owners requested and were granted side yard variances from the shared interior side yard in order to be able to construct a office building across the property line on the south end of the property. It is the owner's belief that a unified development on both PUDs will result in more efficient utilization of the property, and a more cohesive and unified plan of development. V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Interchange Activity Center Subdistrict (Activity Center #10), as identified on the Future Land Use Map of the Growth Management Plan (OMP). Relevant to this petition, this Subdistrict permits the full array of commercial uses, residential and non-residential uses, institutional uses and hotel/motel uses. Therefore, the actual use is consistent with the Future Land Use Map. Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element. 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 "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater 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 fresh 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 detention areas and interconnected wetlands to provide water quality retention and peak flow attenuation during storm events This project is consistent with Policy 6.1.1 whereas the standards and criteria have been met to preserve and recreate native vegetation on-site, by providing greater than 15% indigenous vegetation for commercial development. The total site preservation exceeds that required by the PUD by area. Jurisdictional wetlands have been identified as required in Policies 6.2.1 and 6.2.2. Pursuant to Policy 6.2.4, the County shall require appropriate agency permits prior to the EAC Meeting Agenda Item No, 10L June 28, 2005 Page 6 of 11 Page 3 of8 issuance of a final local development order pennitting site improvements (Site Development Plan). As stated in Policies 6.2.3 and 6.2.4, where permits issued by jurisdictional agencies allow for impacts to wetlands within the Urban Designated Area and require mitigation for such impacts, this shall be deemed to meet the objective of protection ,and conservation of wetlands and the natural functions of wetlands within this area. In accordance with Policy 6.1.1. (2), preserved native vegetation will include canopy, under-story, and groundcover. The creation areas also include plants in each of the three strata. The preserve areas have been designed to best accommodate the onsite wetlands, and to interconnect the retained native vegetation preserves with the proposed created preserves, which are being used for the on site water management system. This project is consistent with Policy 6.1.1.(7) because the site cannot fully accommodate both the preservation area and proposed water management. The proposed landscape plan consists of planting native plants in a swale and on a berm; utilizing larger plant materials to more quickly recreate the lost mature vegetation which will occur during the clearing, filling, and regrading of the preserve areas. The created preserve planting plan shall be modified to comply with the following LDC required planting criteria for the created preserves. ·'Plant material shall be planted in a manner that mimics a natural plant community and shall not be maintained as landscaping". This project is consistent with Policy 6.1.1.(9) whereas there are no adjacent preserves, conservation acquisition areas, flowways or potential wildlife corridors existing in this area or around the project site. Roads and development exists along the north and south boundaries of the site. The west is undeveloped residential, and the area to the east is undeveloped. The preserve areas have been designed to best accommodate the on site wetlands and keep the preserve interconnected as best possible to the created preserves that function together as the water management system. There are walls proposed in the preserves that are there to allow the water management system to function as proposed. However they are not consistent with this policy and the LDC prohibits walls in preserves. To be consistent with County regulations, the walls should be removed from the preserves, and as such would require that the water management system be modified. The additional site restrictions are due to requested changes from SFWMD to the "dry detention and wetland systems to provide 3.25 ac-ft of water quality treatment which includes an additional 50% above the required water quality volume to meet the anti-degradation requirements for discharge to an impaired water". The petitioner is asking for the EAC to review and approve the proposal as an acceptable alternative design to meet preservation requirements. EAC Meeting Agenda Item No.1 OL June 28, 2005 Page 7 of 11 Page 4 of8 Brynwood Preserve area is located to the southwest of the site. This preserve allows for a connection to the neighboring properties for potential future preserve areas that may be located on either side, and provides adjacency to the nearest off site preserve. The requirement for an Environmental Impact Statement (EIS) pursuant to Policy 6.1.8 has been satisfied. A wildlife survey for listed species in accordance with Policy 7.1.2 is included in the Environmental Impact Statement (EIS). No listed species have been observed on-site. VI. MAJOR ISSUES: Stormwater Mana2ement: Corporate Plaza (Pine Ridge Center) is at the north end of a wide shallow slough that flows south toward an east-west interceptor canal about a mile away that carries the discharge from Kensington toward the west to the 1-75 canal. The slough appears to have extended farther north, but two decades ago it was cut by Pine Ridge Road and its roadside swales. Topography shows flow to the south through section 18. The project sits in the 1-75 Canal Basin. The allowable discharge rate within that basin is 0.015 cfs per acre. When rezoning began in the ·'Whippoorwill" section a few years ago, it was decided that all infrastructure would be designed prior to allowing any rezoning. It was also decided that any project of any consequence within the section would go to SFWMD for permitting, even if it didn't meet the 40 acre criterion. This project would go to SFWMD for permitting anyway because of the presence of wetlands. Environmental: Site Descriution: The project site contains 0.96 acres of wetlands, 0.23 acres of agricultural ditches (surface waters) and 15.90 acres of uplands. There are two wetlands onsite, one a pine- cypress-cabbage palm wetland (0.42 acres) near the western property boundary and the other a hydric pine flatwoods (0.54 acres) on the east side that extends offsite (0.34 acres). The majority of the remainder of the site comprises pine flatwoods, although unimproved pasture areas and a palmetto prairie are located in the northern portion of the site. The property is adjacent to undeveloped land to the east and west, Pine Ridge Rd. to the north, and Hospice of Naples to the South. Wetlands: EAC Meeting Agenda Item No.1 OL June 28, 2005 Page 8 of 11 Page 5 of8 The proposed site plan will impact the .54 acre hydric pine flatwoods to the east. Mitigation will be provided for this wetland offsite in its entirety (including the offsite portion) as permitted through SFWMD. The .42 acre pine-cypress-cabbage palm wetland will be preserved, enhanced, and incorporated into the projects surface water management system. In order to offset the direct wetland impacts, onsite and off site mitigation will be provided. The onsite mitigation will include the preservation and enhancement of the pine-cypress-cabbage wetland and also a portion of the uplands for buffering per the SFWMD permit. The off site mitigation will be purchased at Panther Island Mitigation Bank (within the same drainage basin). No adverse secondary or cumulative impacts are anticipated as a result of this development and no adverse water quality or discharge impacts are anticipated. Preservation ReQuirements: The property contains about 10.86 acres of native vegetation. This includes Palmetto Prairie (1.13 ac), Pine Flatwoods (9.9 ac), Pine-Cypress wetlands (0.42 ac), and Hydric Pine Flatwoods (0.54 ac). The approved PUDs required 2.64 acres needed for preservation, including at least 1.02 acres of indigenous preserve to be retained, and up to 1.62 acres to be replanted. The project development proposes to preserve .42 acres of wetlands, 1.23 acres of uplands, and 1.44 acres are to be replanted in the dry detention area, which exceeds the required amount in the PUD. The 1.44 acre portion of the upland preserve that is proposed to be utilized as a water management system will be cleared, filled, replanted, and utilized as part of the dry detention and stormwater treatment. Storm water runoff will be directed into the proposed dry detention surface water management system via catch basins and cu1verts for pretreatment prior to overflow into the existing wetland system. This includes the use of 27 foot wide berms and 5 12 foot high retaining walls within the creation areas to achieve the appropriate hydrology for water quality, and hydrological enhancement of the wetland preserves. The areas, which encompass the wall areas, are not included in the preserve calculations. All slopes and areas on berms within the dry detention area will be planted with native vegetation. These areas are noted on the site plans. The remaining .42 acres of wetlands and 1.23 acres of uplands will be retained as preserve with no clearing or regrading. Listed Species: EAC Meeting Agenda Item No. 10L June 28, 2005 Page 9 of 11 Page 6 of8 Environmental scientists from Boylan Environmental Consultants, Inc. conducted the listed species survey in June and July 2003. Overlapping belt transects, approximately 10 to 50 feet apart were walked, depending on the density of the vegetation. In addition, periodic stop-look-listens techniques were utilized to observe potential listed species. No listed species were observed. The applicant is proposing to follow the "Standard Protection Measures for the Eastern Indigo Snake" during construction. There should be no impacts to the Eastern Indigo Snake. During the investigation a tree-to-tree survey was conducted for the Red-Cockaded Woodpecker and no cavities or signs of utilization were observed. VII. RECOMMENDATIONS: Staff recommends approval of 3500 Corporate Plaza PPL with the following stipulations: Stormwater Manaeement: An Environmental Resource Permit from the South Florida Water Management District must be obtained prior to approval of any construction plans. Environmental: I. All irrigation in created and natural preserves shall be zoned separately, shall be temporary and shall be removed or disconnected within one year of installation of the plant material. 2. The planting plan for the created preserves shall be amended to provide the appropriate plant species for the planted areas; taking into consideration the water table, the soils and calculated annual inundation periods as a result of the water management system design. 3. The created preserve planting plan shall be modified to comply with the following LDC required planting criteria for the created preserves. ·'Plant material shall be planted in a manner that mimics a natural plant community and shall not be maintained as landscaping". 4. Walls that bisect the preserves shall be removed. 5. Annual monitoring reports shall be provided for the created preserves to assure their success. .- ~·""m"__"_"·_' EAC Meeting Page 70f8 PREPARED BY: STAN CHRZANOWSKI, P.E. ENGINEERING REVIEW MANAGER CRISTINA SANCHEZ ENVIRONMENTAL SPECIALIST ROBIN MEYER PRINCIPAL PLANNER REVIEWED BY: BARBARA S. BURGESON PRINCIPAL ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT Agenda Item No. 10L June 28, 2005 Page 10 of 11 DATE DATE DATE DATE EAC Meeting Agenda Item NO.1 OL June 28, 2005 Page 11 of 11 Page 8 ofS WILLIAM D. LORENZ, Jr., P.E., DIRECTOR ENVIRONMENTAL SERVICES DEPARTMENT DATE SUSAN MURRAY, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT COMMUNITY DEVELOPMENT ADMINISTRATOR & DATE ENVIRONMENTAL SERVICES -.-.-.-...-.., COLLIER COUNTY SUBDIVISION CONSTRUCTION PLANS AND PLAT APPLICATION (PPL) AR#: DATE RECEIVED: COORDINATING PLANNER/ENGINEER AGENT: Michael J. Delate. P.E. FIRM: Q. Grady Minor and Assoc., P.A> FAX# 239-947-6783 E-MAIL ADDRESS:mdelate<a¿gradvrninor.com ADDRESS: 3800 Via Del Rev Bonita Springs, FL 34134 OWNER: Pine Rid~e Investors. Inc. ADDRESS: 2606 South Horseshoe Dr. FAX#239-643-6030 E-MAIL ADDRESS: PHONE: 239-947-1144 ZIP:34112 PHONE: 239-643-6000 PROJECT NAME: Pine Rid~e Center Location: SECTION 18 TOWNSHIP 49 RANGE 26 SUBDIVISION NAME: Pine Ridge Center ZONING: PUD UNIT: - BLOCK: PROPERTY I.D.# 00287520002 00287400009 LOT: - General Location and Cross Streets: Whippoorwill Road and Pine Rid~e Road REQUIRED ATTACHMENTS: o Addressing Checklist o Fees (including $25 Data Conversion) - see attached checklist o Cover Letter briefly explaining project o (9) Construction Plans (signed & sealed) ~ (16) Plats (signed & sealed) o Submittal Checklist (attached) I hereby submit and certify the application to be complete and accurate. I1If.ÐJf SIGNATURE OF AGENT 'is J ~t DATE PROJECT SUBNUTTAL PACKAGE FOR SUBDIVISION CONSTRUCTION PLANS & PLATS Name of Project Pine Ridge Center Engineer/Agent Michael Delate Date Submitted Telephone 947-1144 Fax 947-6783 ..~~._. ,.-. -. _.. - _.. -- .. ... '"... - . ... - ......... . ..'. ....... .. ."........... .......-...... ..... .. . ... - ...- _. SUBMITTED YES NO ITEM N/A [gJ D D FEES Plat Review: $1000 + $5 per acre for residential; $10 for non-residential (mixed use is considered residential) [gJ D D [gJ D D [gJ D D [gJ D D [gJ D D [gJ D D [gJ D D [gJ D D [gJ D D [gJ D D D D [gJ [gJ D D [gJ D D [gJ D D [gJ D D [gJ D D D [gJ D [gJ D D Construction Plans (Roadway, Drainage, Excavation) a) Review (0.75%) b) Inspection (2.25%) Utility a) Review (0.75%) b) Inspection (2.25%) COA application fee = $200 + $25 per DU or $25 per 1000 sq. ft commercial ($5000 max.) $100 Fire Code Review PLANS Plats (16) Signed & Sealed Construction Drawings (10) Boundary Survey (4) Aerials (3) - Sheet 3 of Construction Plans BACKUP INFORMATION PLATS Approval Letters from Utility Providers Construction & Maintenance Agreement - Draft COA application including Estimated Transportation Impact Fee calculations and applicable fees Letter of Intent Homeowners Documents Evidence of Authority PUD document (16) CONSTRUCTION PLANS Engineers Cost Estimate/Opinion of Probable Cost Soil Borings Engineers Report (4) PROJECT SUBMITTAL PACKAGE FOR SUBDMSIONS Page 2 " -- - --" -__.__. __,,_ _OH _._.. _ _ .. _" _" _" .... ," _ _,",._ _..... _ _ _..__" _ ._ _ ,.._. _ .._~ _.,.. YES NO N/A WATER MANAGEMENT [g 0 0 Water Management Calculations [g 0 D Letter that SFWMD Pennit Has Been Applied For [g 0 D Signed & Sealed Pipe Calculations [g 0 D Master Drainage Plan With Lot Comer Elevations (3) [g 0 0 Wet Season Water Table Elevation UTILITY DOCUMENTS [g 0 D Construction Drawings (23x36) [g 0 D Technical Specifications (Bound & Sealed) - (4) [g 0 0 DEP Applications Water/Sewer 0 0 [g FDOT Application & Hold Hannless Letter (if work occurs with State R/W) [g 0 D Fire Flows - Signed & Sealed (2) [g 0 0 Lift Station Buoyancy [g 0 0 Engineers Report 0 0 [g Grease Trap Calculations [g 0 0 Letter of Availability 0 0 [g Approval From Other Districts 0 0 [g Three Party Agreements OTHER PLANS [g 0 0 Street Lighting (3) [g 0 0 Landscaping & Irrigation (5) 0 [g 0 Collier County R!W Permit --- ---" --.. The undersigned applicant hereby certifies that all applicable data has been submitted and acknowledges that project review will not commence until all required information is submitted. ~.Q1 Signature of Agent ~J(,Jo{ I Date Docurnent2 6/18/03 LETTER OF AUTHORIZATION The undersigned do hereby swear or affirm that they are the fee simple title holders and owners of record of property commonly known as Pine Ridge Center and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for zoning or development. We hereby designate Michael J. Delate, P.E. of Q. Grady Minor and Assoc., P .A. as the legal representative of the property and as such, this individual is authorized to submit a Request For Public Hearing Submittal Requirement Waiver and legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes but is not limited to the hiring and authorizing of agents to assist in the preparation of applications, plans, surveys and studies necessary to obtain zoning and development on the site. This representative will remain the only entity to authorize develo~~:~ivity on the property until such time as a uew or amended authorization is der~ Owner J n ~Xt.ß~ ~G..Z\2.. ~~LCA JJ Printed Name Company Name: Pine Ridge Investors of Naples. LLC. STATE OF: COUNTY OF: Florida Collier Sworn to (or affirmed) and subscribed before me this ~ day of ~ 2004, by r: ¡:::;Øé:1> ;t:bze~~ /~ , who is personally known to me or who has produced as identification. ;l; Laune MattII\QIY '".. commIsSIOn 00250747 . . My '" <; J EJcpiIeS [)e(;8t1IÞer 24, 7JXTT ~"f\I ~~ !,Mk§ IWÆ7nA~¿,t/ (Name typed, printed or stamped) Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers. Land Surveyors. Planners MARK W. MINOR, P.E. NORMAN J. TREBILCOCK. AI.C.P., P.E. c. DEAN SMITH, P.E. DAVID W. SCHMm, P.E. MICHAELJ. DELATE, P.E. MATIHEW J. HERMANSON, P.E. D. WAYNE ARNOLD, AI.C.P. ROBERT "BOB" 1HlNNES, AI.C.P. THOMAS J, GARRIS, P.S.M. STEPHEN V. BURGESS, P.S,M. ALAN V. ROSEMAN July 30, 2004 Collier County Board of County Commissioners Courthouse Complex, Building F Naples, FL 34112 RE: Pine Ridge Center Commercial Subdivision Ladies and Gentlemen: It is Pine Ridge Investors of Naples, LLC, intent to construct the required subdivision related improvements after recordation of the plat of the above referenced project. Very truly yours, fUI~ Michael J, Delate, P.E., agent for Pine Ridge Investors of Naples, LLC. \\QGM-FS2\DATA\J,çw~a.ft.1!.iM:Riru:te\MID\PP~;¡;.I10'"5 EMail . . g@ d . \"""} '::Jlfí-llHlfl'}\X \"""} ~7-U;j1 . - : engmeerm gra ymmor.com 3800 Via Del Rey 0 Bonita Springs, Florida 34134-7569 0 EB/LB 0005151 DRAINAGE CALCULATIONS FOR PINE RIDGE CENTER Prepared by: Q. Grady Minor & Associates, P.A. Civil Engineers # Land Surveyors # Planners 3800 Via Del Rey Bonita Springs, Florida 34134 (239) 947-1144 (239) 947-0375 (F) AUGUST, 2004 11- ,. ...., "",.",_..-~ Michael Delate P .E. No. 49442 _ -- --¡--------r-- on-f- cococol 00010 (") (") (") " "'. "'. "', I "'. 0001 ¡o 0 00 >5"''''''' E Q > c.o c.o c.o ~¡¡¡~~~:! "E -' 5 ~ ~!g: g C>~>-iMMM -g, ,5 ~ .- .-~.- ~ :x: ...J ~ ----f-- - --- o r--,N (IJ 0 ("')!C\I ~ ¡¡¡ ¡=-,....: 010 .- ~ ~ ...J, - I i - -1-- -- §~-I ~~~ ; ~ gj,!:S I LL ....J i !IJ t =-ë I "'p r: '=--i ~ I :x: ¡ n_ I I~ !~ ~ en! CD 0'> ,...-'1 ,- CD' N N ~ JjU IÇOOOI 'E ~!:S ' I W --' --t- I ~ , 0 ¡¡: - -- _I I '" '" '" ,è'¡¡¡CX!CC!CX! g Q.. ('I') ('I") ("")! ~~ I f- -i"Ë ~_. 0 -(")~iñ 000 ~ ¡¡:"- co CO CO .S Q S cò cò cò &. 1·9- 1-2;'0 -t~ ,è' -_ _n -5 ~ .~ ~ ~ ~ ~ ~ "æ .æ z ("') ('I") C"") D:: E '= _n 1____ -- -- --f-- - ~ ã3, g:::-O 00 --¡::3 Ü"".............. ~'D::<--OOO 81õ u: no --- ----<- Q): (Ï) ,[ ~ ~ ~I~ ð¡i ,...-,...-,...- <en- i I ~I 0::0 ~¡::: z::S w::::> 00 W-l C)<C cO ;;::;,W ...Ie> W<C Z'Z ñ:~ o ---- Qj- 8. ã> -* CO; CX) ex> ã: ~ 0,...-1..-..-- al,§ ------ _ .r; Õ> ~ j ",,=- Q. ä: -¡-- _1_ I I g~g I N , I- -- ----- Q) 'U N,...-,...- o I I Z CDCDWI {'. 00 a.1 1_+-= - f--- - '" E 1"8 ¡g ~ ";" Z .::.CDCD ê ~OO "- ::¡ , "'LnLn'" c.oc.oc.oc.o -i-i-i-i ,...- '!:"""..--.,.... '" _n o>v(")r--o '0::;1",...-,...-00 MMMMM or- T'""""-""-""- c.o.-c.or-- (")000 0000 ---Iæ g ~ 8 ,0000 - --- __+n, _,_ ______+_ "__ r-- OVIV 0000 !O 0 0ia -- -¡-t- _~o_ -,-" un I@¡I~ ~'~ :~!ó N N "'o>Vco 0),...-,...-("') lri,...-~r--: U X Ii ~ W f- 0:: f- en VVVV 1M MMM I ------- 00100 r-- r-- r-- r-- 00:00 I _ I I L-l- - I o 01010 1~1~I:el lvl'v vlv N NNIN - J-L- _un '-, I I 0'10(") 0 g~C\lM -'---r- - VVLnN m!rD rÎ:J w 0100 a. un ------ - - C','"'f'fU( WWCDCD a.a.00 Prepared by: Q. Grady Minor & Associates, P.A. Civil Engineers # Land Surveyors # Planners 3800 Via Del Rey Bonita Springs, Florida 34134 (239) 947-1144 (239) 947-0375 (F) AUGUST, 2004 Michael Delate, P.E No. 49442 -'-_"",,,.~.,,",,,,,,,,,--_."'-'-. PINE RIDGE CENTER ENGINEER'S OPINION OF PROBABLE COST SCHEDULE "A" EARTHWORK & SITE PREP Clearing, grubbing and preparation of roadway rights-of-way, and easements areas as designated by the Engineer in the field including chipping and grinding of all materials on the Owner's property and then disposal of all residue off the Owner's property, all as specified, per acre complete. All work in right-of-way is subject to inspection by the owner, Collier County DOT and FDOT contingent on final acceptance of improvements as shown and specified on the contract documents. UNIT ITEM DESCRIPTION UNIT QTY PRICE TOTAL PRICE A-I Clearing and Grubbing*** AC 5 $2,500.00 $12,500.00 A-2 Off-site Fill (Truck Measure) CY 13000 $8.75 $113,750.00 A-3 Erosion Control-Silt Fence LF 3100 $1.00 $3,100.00 A-4 Pine Ridge Road Demolition LS 1 $5,900.00 $5,900.00 TOTAL $135,250.00 ***Hand Clearing of Exotics in Conservation Areas by Others PINE RIDGE CENTER ENGINEER'S OPINION OF PROBABLE COST SCHEDULE "B" PAVING Roadway construction complete per the plans and Collier County specifications including stabilized sub grade, stabilized shoulder, limerock base, tack coat, asphaltic concrete, required testing by an independent laboratory, roadside fill and grading for full width of right-of-way and easements, finish grading, seeding and mulch. UNIT ITEM DESCRIPTION UNIT QTY PRICE TOTAL PRICE B-1 Valley Gutter--2 ft LF 1,140 $4.50 $5,130.00 B-2 Valley Gutter--3 ft LF 160 $6.50 $1,040.00 B-3 1.5" Aphaltic Concrete (Type S-III)(2Iifts) SY 2,350 $3.30 $7,755.00 B-4 8" Limerock Base (compacted and primed) SY 2,350 $5.50 $12,925.00 B-5 12" Stabilized Subgrade SY 2,900 $8.00 $23,200.00 B-6 6"ABC SY 400 $8.00 $3,200.00 B-7 Type "F" Curb LF 300 $6.50 $1,950.00 B-8 Temporary Turnaround LS 1 $3,000.00 $3,000.00 B-9 5' Concrete Sidewalk SY 160 $15.00 $2,400.00 B-I0 Signing & Pavement Markings LS 1 $1,250.00 $1,250.00 B-ll Sodding (back of curb) SY 175 $1.30 $227.50 TOTAL $62,077.50 PINE RIDGE CENTER ENGINEER'S OPINION OF PROBALE COST SCHEDULE "C" WASTEWATER COLLECTION Includes furnishing and handling of all required materials, joint restraint, thrust blocks, connections to other pipelines, all excavation (including rock and over-excavation if necessary), dewatering, bedding material (if necessary), pipeline installation, back filling (imported fill if necessary), compaction, compaction testing in roadway areas, pressure testing, flushing, clean-up including resodding areas previously sodded, seeding all areas disturbed by construction, providing complete as-built drawings and other items necessary to complete the system and provide the Owner, DEP and Collier County with a complete working wastewater collection system as shown on the drawings and specified in these contract documents. ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE C-l 8" PVC Sanitary Sewer (0-6' Cut) LF 240 $16.00 $3,840.00 C-2 8" PVC Sanitary Sewer (6-8' Cut) LF 340 $17.50 $5,950.00 C-3 Manhole 4' Diameter (0-6') EA 5 $1,250.00 $6,250.00 C-4 Manhole 4' Diameter (6-8') EA 2 $1,500.00 $3,000.00 C-5 Pump Station EA 1 $85,000.00 $85,000.00 C-6 Television Inspection (Preliminary & Final) LF 580 $1.20 $696.00 C-7 4" Force Main LF 600 $10.00 $6,000.00 C-8 Tapping Sleeve and Valve LS 1 $3,500.00 $3,500.00 TOTAL $114,236.00 ~"'--''''---;'----- PINE RIDGE CENTER ENGINEER'S OPINION OF PROBABLE COST SCHEDULE "D" POTABLE WATER DISTRIBUTION Includes furnishing and handling of all required materials, joint restraint, thrust blocks, connections to other pipelines, all excavation (including rock and over-excavation if necessary), dewatering, bedding material (if necessary), pipeline installation, back filling (imported fill if necessary), compaction, compaction testing in roadway areas, pressure testing, disinfecting pipelines, flushing, clean-up including resodding areas previously sodded, seeding all areas disturbed by construction, providing complete as-built drawings and other items necessary to complete the system and provide the Owner, DEP and Collier County with a complete working water distribution system as shown on the drawings and specified in these contract documents. UNIT TOTAL ITEM DESCRIPTION UNIT QTY PRICE PRICE D-l 10" PVC Water Main LF 760 $18.00 $13,680.00 D-2 10" Gate Valve w/Box EA 6 $1,100.00 $6,600.00 D-3 Fire Hydrant (Complete Assembly) EA 3 $2,370.00 $7,110.00 D-4 Permanent Bacterial Sample Point EA I $990.00 $990.00 D-5 Temp. Blow-Off EA 4 $370.00 $1,480.00 D-6 Tapping Sleeve and Valve EA I $5,500.00 $5,500.00 TOTAL $35,360.00 .'., ,._-,~'"-,......._--"<'~...... PINE RIDGE CENTER ENGINEER'S BID TAB SCHEDULE "E" STORM DRAINAGE Includes furnishing and handling of all required materials, dewatering, bedding material (if necessary), rock removal and disposal off-site (if necessary), installation, backfilling, compaction, compaction testing in road- way areas, ftnal grading, coordinating with other contractors and utility companies, flushing, clean-up, seeding, sodding of all areas disturbed by construction, repair of any damage caused by construction and other items necessary to complete the system and provide the owner, Collier County DOT and FDOT with a complete working drainage system as shown on the drawings and specifted on these contract documents. Pipe measurement is to the outside of the structures. nl~M 11-<'...' '.... I ~11UN UNIT VIT IN PKlCt 'IUTAL PR-I('¡::¡' E-I 15" RCP LF 204 $18.00 $3,672.00 E-2 18" RCP LF 101 $20.00 $2,020.00 E-3 24" RCP LF 78 $22.00 $1,716.00 E-4 18" Precast Headwall EA 1 $970.00 $970.00 E-5 Retaining Wall LF 448 $75.00 $33,600.00 E-6 Dry Detention Area Grading LS 1 $32,000.00 $32,000.00 E-7 Valley Gutter Inlet EA 4 $2,000.00 $8,000.00 E-8 Water Control Structure EA I $2,800.00 $2,800.00 TOTAL $81,106.00 PINE RIDGE CENTER ENGINEER'S OPINION OF PROBABLE COST SCHEDULE "F" EARTHWORK & SITE PREP Clearing, grubbing and preparation of roadway rights-of-way, and easements areas as designated by the Engineer in the field including chipping and grinding of all materials on the Owner's property and then disposal of all residue off the Owner's property, all as specified, per acre complete. All work in right-of-way is subject to inspection by the owner, Collier County DOT and FDOT contingent on final acceptance of improvements as shown and specified on the contract documents. ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE F-l Street Lights EA 4 $2,500.00 $10,000.00 F-2 Re-planting of Preserve Areas LS 1 $125,000.00 $125,000.00 TOTAL $135,000.00 PINE RIDGE CENTER ENGINEER'S OPINION OF PROBABLE COST UPDATED: 9/9/2003 BID SCHEDULE SUMMARY SCHEDULE DESCRIPTION TOTAL PRICE A Earthwork $135,250.00 B Paving $62,077.50 C Wastewater Collection $114,236.00 D Potable Water Distribution $35,360.00 E Stonn Drainage $81,106.00 F Misc. $135,000.00 TOTAL $563.029.50 Underground Utilit)r Total $149,596.00 Earthwork, Paving and Misc.Total $413,433.50 Division of Corporations Page 1 of2 Florida Limited Liability PINE RIDGE INVESTORS OF NAPLES, LLC 1...",...,_,..., , .~. u ,_.."..,.m."~,, > PRINCIPAL ADDRESS 2606 SOUTH HORSESHOE DR NAPLES FL 34104 t~"_~~~y.__~,..,,, v __N_,_.w..·_?_,_, ,·-·~,^~,·.'·N-_·.-.·.·.u,-"·.'.,,, '~-_'·'.'·_~.~w.~ ",w.·,·.,_v.'.^_~·.·"·,~~<_"w.,·,, ~,^'.w_,~,_".,=·.-.v~,,^,'.__·~.Wm._,,_~.,,^V^W"_.·__,__'_''''_'~''.w.._~.'''W'',~_.N_'''A~''''_'._~w W' W~W.·'··_·_·_-_'W,W.·"·'~ '_"''''_._._=._,"^,=' '~'-_·~~'_W'^~·N_'M.w,.Wm~.j MAILING ADDRESS 2606 SOUTH HORSESHOE DR NAPLES FL 34104 Document Number L03000045995 FE I Number 200444687 Date Filed 11/20/2003 State FL Status ACTIVE Effective Date NONE Total Contribution 0.00 "ww__, . ~. ~ .-. -.' .- ..... 'w·_ __.'. . . <''v. m"·_~.^·k·__~_·. ^.'.·T_·_.'____._..w.._~..m" ,............,.". ··___··N"·yO·A·'·,^VAw.'.'m_~·.,·.,, m.~".'~"V_ Registered Agent Name & Address GRANT, RICHARD C GRANT, FRIDKIN, PEARSON, ATHAN & CROWN, PA 5551 RIDGEWOOD DR, STE 501 NAPLES FL 34108 r....~^~_'^'.< ~>. __T' ____,."_",_..,,,__~,, '. '" . 'r__ '----·''''MMr ,__~.~,~...,' M 1M b D t 1 anager em er e al I Name & Address II Title I PEZISHKAN, F FRED B 2606 S HORSESHOE DR NAPLES FL 34104 ~"'MC '·'·'-'·C__·^~··"'=""'." ^"." .--,. ~·'~'·'",.,·.·~.·_-.,^,n····^µ·_'mN.'·'·'· C'~~ '~_""~""Y,'~W~N_'_'^__ ·M."ov'~""'''~' II Annual Reports II II http://www.sunbiz.org/scripts/cordet.exe?al =DETFIL&nl =L03000045995&n2=NAMFW... 7/20/2004 Division of Corporations Page 2 of2 Report Year 2004 II II Filed Date 05/12/2004 1',,0, No Events No Name History Information ~ Document Images Listed below are the images available for this filing. 05/12/2004 -- ANN REP/UNIFORM BUS REP 11/20/2003 -- Florida Limited Liabilites THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT L:". ... . ... http://www.sunbiz.org/scripts/cordet.exe?al =DETFIL&nl =L03000045995&n2=NAMFW... 712012004 ~'_'·___··_","_~""_"_""""_~'M~'___ -... ""._"_,._",~_ ~. <."_~,.__,_o_~__..m.._..,..,-¥~,,"..____ ~ 1AANT FRIDKI~.., ~ - -,RSON, ATHAN & CAC-·. ·\1 P.A. '551 RidgewoodD,,\, SIJita601 ;:¡ Naples. Aorida341 08 3316421 OR: 3468 PG: 1946 UCOIDID 11 OnICIAJ. DeeDS af COWl. cmtI, rL 12/15/2003 It IZ;36,. DitGRf I. ¡lOCI, CLlII COli m.500o,.t de m 15.10 DOC-.TO 11375.0' ~'7d'/ \)6 41}\ This Instrument Prepared By: \ 0 John PauUch m. Esq. ,f'tJ Paulich Slack & Wolff, P.A. Y' 801 Anchor Rode Drive, Suite 203 Naples, FL. 34103 tUn: GWJ lIIDU. It AI. 5551 IIDGliOOD DR '5Dl IUUS n 31m ParcellD. Numbcr(s): OOZ87400009 TIßS WARRANTY DEED made the /¡r1; day of Decembet, 2003. by ~ ûO . on of the sum of $10.00 and other edged. hereby grants, bargains, sells, e Grantee, all that certain land situate in See PARCEL 1 of Exhibit "A" attached hereto GRANTOR W AR.R.ANTS THIS IS NOT HOMESTEAD PROPERTY OR CONTIGUOUS THERETO. THIS IS VACANT LAND. TOGETHER with aU the tenements, hereditaments and appurtenances thexeto belonging or in anywise appertaining. To Haye and To Bold, the same in fee simple forever. And die Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the OtantoI has good right and lawful authority to sell and convey said land; that the Grantorhereby fuUywatrants the title to said land and will defend the same against the .~_._-~'~".~,~---",.- - . "-______..._.__.._m'·"."'_··,"__.",.~.A_.~_"....___,_..<__ .. . OR: 3468 PG: 1947 lawful claims of aU pexsons whOll1soever; and that said land is free of all encumbrances, except taxes accming subsequent to December 31, 2003; and subject to all easements, restrictions and reservations common to the subdivision. In Witness Whereof, the said Grantor has signed. and sealed these presents the day and year first above written. Signed. sealed & delivered in our presence: t~~JfÆ_6 Wi ess #1 Signature HA~" é.u.t>~ ~/Lt'G"J'11!.1 Wi~ #1 Printed Name. ~/4.LR~ Witn Si ~ . Q 'N.. ¡Vf{ I.. ~4" Witness #2 Printed Name STATE OF FlORIDA COUNTY OF COUJER ,. The foregoing ins by Anthony F. Jancigar, Indi produced driver's license as identi 1 My Commission Expires: ~K.WC~ MY 00t.WISSI0H, CC 869111 ÐIPIMEs: FebIuIuy 5, 2005 ......n.vIlolllyNi:~ _J ".....'__,..;.~,_.", """''';._._,.....,.'...,.~-,....-.._'~.,~"..~'''.._"'--,,~--~.;--,--.- .."... ..,~..... "~-,,'-_. þ , . I .. ... *** OR: 3468 PG: 1948 *** EXJJm1t "l/' , . 1ARŒL I: WI:&t K ofWcst % Qt'Northt.Ut ~ afNœthwt ." of SediOA 18. ToWDSIUp 49 S. Jtqe 26 E, ,O)}Ucr COW11y, Hodde. '\ .. , . . LEsS AND EXCEPT: A ~ ~fJmd Jyin¡ In Soc1ion II. T anðbe1ðemœy¡rtJ~ Cozrøuau:eettboN dace 8 00· 22' ~ ~ dcscriW, (Cl196); &aœ S · 2 baviq ..ndi. of 5 chord whlcb beast5' 3S.06 fed 10 I point of S839.58 ~ I bellI! N IS- -10' 43~ POINJ' O:F 1UII N 19' 34' W B 1219.76 &ct G of tic ,... " .. WayLbJcofÞÞ_~ ; '.J~ a Mft to 111; 1dt IU ku¡1h o~26p5 ..al.. at JiJu:; thaø:c S 00- ~4" 3ft E 10 ~ rl¡ht bñr..radius .16 feet øla-choø1 ~cb . 22"'" 113S.46 W 10 1bc 1-. " -'~-",>.~--""-"._.--_.._..,.,..". . I , 11/12/~2 1J::J4 FAX 941 434 03,u RIClIXAN J>:øXPIK: ~... . O~ ~tiANT. FRIt>KHt l'~eNt ~ " ATHAN & CROWN, P.{\. .. \ +," 5551 Ridgewood Dñve, SUite 501 ." Naples, Aorida34108 "\: 'Iw. 'P-__ J'rApaf1l!l 81.... a.curn '101 ÞoA&1d. It. 1IIW:I.., lnt: 1r~ ~¡p: 1)od.~;j.Jc. c:I..:iZ~ Iõ Il1.o.., 'JiI........ 51UÞ ~tm 11=..1:. -.:.~ 1!h:I.!.~ 300 ~.., r.u 34ì02 liD 00:1 tþ 3316420 OR: 3468 PG: 1943 RlCOaDJÐ 111 OlUClAL UC01ÞS of COUIII coum, lL 12/19/2003 It 02:36PI DJIGHT I. BlOeI, CLIIl COIS Z525000,00 DC n1 15 .10 uøc-.TO 18375.00 let!l: GWt rlID1I11T 11 5551 IIDGlWOOD DR 'SOl Warranty Deed KlPItIS n mOl Thll hdeøturc, Ma<!edli. I~ ~o, 1).C"~"""~ , 2003 ..0., BøtWtHlA ~.~;r: z.,Ong'O, . ~z:!.eli man, and It:i..IDbGax:J.;J!'' 1). :Lon.gø, .. ID&Z::.:-1..ci WODI&II1, eaob ... 1:0 an UD4:i...,:l.daci on.-ha1£ :i.n-t:....1:., Of' tM Caollll¥ a~ Cu:r~05T. . 1iIUIf4 of" 011.1.0 ,EI'aJlton, .. -¡r;i.n. ~c1qa XUV$st:.o:l:'15 o~ ..p1.0., u.c, . 1!'J.o~.i.d:a. J.~i;;ed. l.:lab.:i.J..:l.t::y CIoC:IIapany ~ .....,.... II' þllftll\ m ...11...." 00287:52()D02 01 11M ~ 0" ø__ oC 2i'1o::l.d.& , ~tce. . S\.1Þ:).c't ~ ;c..'U::l.c~bJ ¡ -.ncS.~. ."G!:I..~eA~ -,:'b,e ~1:y MZ'a:LD 'P:I:!'OJ:ItII~i:3r o€ t:b.e Qz:an o~ ~1:Qz. ~ GJ:aR Ð.I;j.."., COftCloZ'd., OR "' ",4.0",O(æn:.). 'rB:ts xs ~~ LN!11). J:'ec;:o:C4, :I.:!! any, ....s 'CrI" c.c-1oQ do ~ ral1)' w¡ur.UC cJ¡a dall 10 JIIId I... aIId ~ 411~ Ib.II _III .piIIn 1awfa1 c1aIñ þt d ..- ...1oorir-_. 1LaOOI___........."'_..... _ ~1IIJoH:U _n~ 0'·· ~...<..""'_,."'''__......__.,..~,_.,.,_., _,..._"'..,.>.......,'_____,_~__..,~.~~,...._..,_______,~_~~.. ~ 12/12/2003 12:$4 FAX 941 4~4 o~~. - ktcmMN JJEIPIK WIER... OR: 3468 PG: 194\°04 .. . Warranty Deed -I'ap 2- . ~UJ~u"""" 0028V52000:2 ....1.. a. to' ~"---ß"~:iJ-~- ...<.'.L,..:'::~, h't:el~ I.aDqa~ ' ..' 1'.o,~:nMeap~thtoII,CoaØlnl.Og..~; ,,;.. ". . '. . " ". . ,,' --. . ~ ,. I ...., J ..... ~1 r· ,. .... \", ~.., .. .., .." '. .. ," '(Sod) .' - , 011~"'~;"" ." . . .' C" ~ ('. STATE OF ~o CO'UNTY OF '1110: ....... ¡.._ _ JIdmow~tId " I"e-=-;:ø ~or .. ~ ""'JI¡~~1d__wba1lu k' I, " ' -. .."... . 20~' . 'tri..··· STATE 011' qh:l.o CO~~a.~ ~1:r D. J;.oa.go r a try 'WIIoø ~J-UY boWA __ _W1>oÞa~ . I t4)' OCI d. W~: ~1:Lð ...... s.pïn.t PATRICIA ... LAWLEY..AIbJInIy NOTARYPUSUC. STATE OF Mó Myccm.,~,1WNoÐdr._ O.R.c. StdIon 141m "1.::10" ........__,.,l1li__.,............. (I4I)~:SU ._"'WD:I -- . "- , --- -....... _.._~__.~_e._...,_."........,..____.,"..__,___..... e"··~."_"..w,_~..."-,.__._"',,..-...".". ",.,._"""""",,,,"---,-..__.__..~~. .. -..... .. -... - - - " - . ~ ; - ::~ .:~.::::::.:::r~~~~ , "1. , . . ~ .. BXBIB'I.T II A It . ~*t OR: 3468 PG: 1945 t**· .~ .. .. , .' t., . . ..... Tï;Ba$t ~hãîi(BKf ~fthe West ODe-NJt(W K)oftheNoz1bemcmÞqwmU-{ÑËV,s ôf~ -"" Nortbw=at om=.qu.rter (NW ~) of Scçtion 11.. T~p 49 S~ 1Wap 26 ~ Calliø County, Flodda, ÞuJ1'C partlcu1arty deBCttDcd u CoUowø; , ..., .\. 'I1Iøt p,OJtiDh otthc Emha1t'affbe West bÌ1fof1ht N~'tJf1ñ.: Ñ~~oI SKtlcm 11, 'ToWq!lbip 49 BCKIth, Ran¡c.u, Eu1, èonitt CQUdy. Flor\d.., !)iu¡.SouGa of Pine ,'~- '."\' Rld¡o Road c.L No, 196; bdn¡ mOlt pmtJcWJrIy desta"bed is fo11owsI Çommtute at 1he NDlthw.st eomer of Sec!IOÞ 11, TDWDSIdp 49 South. R.m¡e 26 East. CaWI!t , Ccnmt,-. fJœida;,thtr.u:e tun :NOrth 89° 33' 39· Eat ÙOUI the Ng¡th line of said StdioD ] & for I dbtImco of 1.60'34 teet to tho Nortb'MlSt ctJtnar of' Ib, Seat hBJ! t)f the WcIt bill tlf the: NOItbeut quarter otthe 'Nonhwen quGltc' of sAid Sc:01iOÞ 1B~ fheøço tUa SooØ\ Q(f 21' 48h Bar aloug1bo WesfllDo utt!Je Butha11'of1be WI.St·hu1foftbo NortJ¡c:ast qUII1Ct of1œ NOIthwest. quatUr of said Section 18 for. dJstauce of139.47 feet to thII Scnnhcrlr right-of'."'1~ ofBtatc Roftd No. &-IM (PIne Rldi:; Road), , 150,00 loot tigbt-of..way, Wi the IØ.IM ø IboYal. au Floria. DeplØtlUad afT~ IUght-ofYll)' Map for SU1I Road ND. &..896, Scdioø.03S04-2603.. eomer CoQuty, Sheets 5 and (j of J3J aød !be POINT OP BBGINNINß t4 the þmœ1 or 1m! benIiu deltnW; IheDCc continue SQ a10nø tM West tiDe of the E.t ba1f of the Wen half of'1bc NDnheast of laid Sccïtiw 11 tor , distInce Q~1;:~%::~.. . JJ~~;!~~~~.. line of the East bãH' of 1bð Northv.wt ~ or laW 'Sccti0l118fora of Ea$tbaJfof1beWllå1wlf' of the NOJ1bcat at Ii tbCDCè I1IIi Naith 000 23t ,O¡ . " 11'" Wat .. 1bIt of the N~iprltot of1bo NorthM:at quutr:r of 0 a paiDt on . r.iteu1Ir c:urlt · '~~ ". œtaVOtotbe'NOItb; Weat..~~of$,I04.5r1 feet 1bðIoñom. wet of the 1ÍomD~ BT.tItc Road No. S-896; 1hcuçc , the.øÌnc bdu& tba SaufIu:[ly rigbz..cf'.wq MI of S1ale $,804.58 r~ t1uQQ¡h a ceutra1 sng1~Qf03·11"4~.snfvran croINTOFBEO~:·· " LESS AND EXCPJ'T: , . '4 .... "-" ~ . A Parcel of1aDd tyma Ú1 seaUw I 8, Townsbil"~'t So\nh, bnlo 2;¡:Eø:, CoWcrCcirïca1t, ~ . I and beJn, more pørtIcu1a1f cJcscnDeð .. ~ . . ". CODJJnendq . the Northwest COl'J1q of aaicJ Seetion18; thence North sg depel34 ÏDbmfa 36 ISCcoøds East a1DØ1tms Dozd1 Hoe of II.dd 8eclÎon 11, e. distanao of 161UO foot; tbfJøce Scnøh 0 cScgR:C1 24 UJimdç¡ 34 øc:omb East. . dllfMCe of 139.59 1m. to the POINT œ ImQ1NNJNG¡ I8Íd PoiDt also 111o¡ aD 11. South 1ight-ot·Wiy1iae ofPbJe JUdge Road (CJt 196) lID! WDB tho 'bcgina1ng ofal1ØlL-Ulbla1t cutVII, ~ to 1hc North. havIq a ndius of5904.51 feet,. CCR1n1 agta of' dep!ec 11 mID'utc& 08 ~ ana.. d1md ot322,tíl fetI& bau:ing!AAsfh II de¡mas 3S _utes 03 .ocondI ENt¡ 1htacc Eat alcœg &air! curve,. a d15tmce 01322.73 fed; 1hacc Søuib. o dcgrcCI 26 ÍubMes 11sBCønQ But, a dllltlmco or'5,OO foot to.the pohu. of ~ or. DOn- tao¡cm cune" c:aøc&ft to the NeJdh, hPing. Þdiua of 5839J8 ft.ct,. & cea1nlaF at! deþUS JO min1lCl 00 ICCGW!a. m¡d . dJorð. of 322,'10 teet bcadq Nvnh 88 ~ .as ~ 43 seconds West: 1hImc:e Welt ø10qg add wnt, a metanœ or 322,74 feat¡ 1hmœ Nœtb 0 dcpec 24 mhm1es 36 ~ Wilt, . d1atance of3,.06 feet to th, POINT.oF B~G, " "" ..II' " ~'.'---"."~..""~." F:IJOB\Kraft Pine Ridge\TIS\KPRTISNEW,DOC TRAFFIC IMPACT STATEMENT FOR PINE RIDGE CENTER Prepared for: Pine Ridge Investors of Naples, LLC 2606 S. Horseshoe Drive Naples, FL 34104 Prepared by: Q. GRADY l\flNOR & ASSOCIATES, P.A. CIVIL ENGINEERS. LAND SURVEYORS. PLANNERS 3800 Via Del Rey Bonita Springs, Florida 34134 (239) 947-1144 AUGUST 2004 Revised November 5, 2004 .·__~._..m"_·4"_'_""" , C. Dean Smith, P.E. FL 44147 KPRSDP Table of Contents Tab Ie of Contents........".."""""..""""""".."""".."""""""""""..""""".."""""....""....""..".. ..."" ..."..""""""".."" ...."..""""".. ............"""""".." i List of Figures and Tables .................................................................................................................... i INTR 0 D U CTI ON......" ....." ................ ......." ....." .................. ............. ...... ..... ..... ...... ........ ...... ......... ......... 1 s COPE .."".."""""""""""".."""""..""""""""...."".. ..." ...."""" ..."""""""""""""""..""..".." .......""""".."..""""""" ..."""""" ...""".."".." ..." ....."""""""" 1 TRIP GENERA TIO N .... .............. .......... ............. ........ ................ ............. ............................................ 1 TRIP ASS I G NMENT......... .................. ....... ............. ......... ...... ........ ............... ..... ............... .................. 4 EXISTING TRAFFIC.................. ..... ......... ............. ......... ..... ........................ ...... .............. ........ .......... 4 D IS CUSS ION......................... ........ .................. .............................. .................................. ... ....... .......... 4 APPENDIX A, SUPPORTING DA T A .....................................................................A-l THRU A-tO List of Figures and Tables FIG URE 1.................... ............................................................ .............................. ........... ........ ............ 2 TABLE 1 .. ................................ ............................... ........ .............. ............... .............. .......... .............. ... 3 TABLE 2... .... ..... ...... ........ ............ ....... ...... ............ ....... ............ .......... .... .... ....... .................................... 3 TABLE 3 ....... ............ ..................................... .................... ....... .................. .............. ..... ........ ........ ....... 3 TABLE 4............ ................. ....................................... ...................... ........................................ ........ ..... 3 TABLE 5............................................................................................... ............................ ... ................. 5 TABLE 6......... .......................... ........... ...... ...... ............... ............................ ...................... ...... .... ..... ..... 6 TABLE 7........ ...... ............ ...... ............ ................... ........ ..... .............. ............................ ... ............. ... ...... 7 TABLE 8... ................................. .............................................. ..... ... ...... ......... ...... .................. ... ....... ..... ..... 7 1 P age I PINE RIDGE CENTER INTRODUCTION The proposed Pine Ridge Center will include a mix of office and retail uses. The proposed uses are 117,105 square feet of office, 12,875 square feet of retail, a4,500 square foot Bank, and a4,800 square foot restaurant. Phase One of the project consists oftwo 39,240 square foot office buildings and an ancillary accessory building to serve the offices. The accessory building will be used for storage and supply for the Kraft Construction Company. It will also include parking areas for vehicle storage. The project is within the Pine Ridge Center PUD and Pine Ridge Center West PUD, which are located on the south side of Pine Ridge Road approximately 1/4 mile west of Whippoorwill Lane in Section 18, Township 49 South, Range 26 East, Collier County, Florida. For project location please refer to Figure 1, Location Map, page 2. The project will have a single access point on Pine Ridge Road. SCOPE The following analyses are included in this report: I. Trip Generation Calculations (at buildout) presented for Peak. Season Daily Traffic (PSDT) including the respective peak. hour volumes. 2. Trip Assignment within the Radius of Development Influence (RDI). 3. Existing Traffic Volumes within the RDI; AADT volumes, PSDT volumes, and Level of Service (LOS). 4. Discussion of impacts to roadways within the RDI. TRIP GENERATION The 7th Edition Trip Generation published by the Institute of Transportation Engineers (ITE) is used for trip generation calculations provided in this report. Please refer to Tables 1 through 4 on page 3. The trip generation for the proposed use is estimated to be 3,636 trip ends for daily traffic volume and 504 trip ends during the highest peak. hour (PM) prior to adjustment for passby and internal capture. Please refer to the DISCUSSION section for details concerning the effects of these traffic volumes on the level of service for roadway links within the RDI. F:\JOB\Kraft Pine Ridge\TIS\KPRTISNEW.DOC KPRSDP ,.."<._.~,,~-----~-, FIGURE 1 -.J \. rç~ 'MJf ",e 2J 21 C~; alUNTII¥ CI.JM ESr.TIS 23 24 19 20 21 22 23 ~ 4' MSÐO ../' m "m"'" - l) ..."" ='... ~ """" """ \} f NOR1H MAPlES ""- 28 27 26 25 30 29 26 27 26 1.. ~ 31 \ .-' '~ \ ~~':"'~35 36 32 33 34 35 VAND£RkT :AOf RQot.O ,-,"-"""'" v) 4 ~ r 3 2 1 6 5 4 3 i 2 1:7 " ~ ~ Ii v ~ ~ ITE ~ ~ L ~ (39 10 11 12 10 ¡ 11 6 9 íi ~ ?4 ~ , f'WC LIIIOG[ IIOÞrO >! ~ ~/' ~ ~~J ; 15 14 " 13 '16 ~~ 17 16 15 14 ~ 0~ .; ØI~ ~,'" " " " ~ j , / á · 22 : 23 ~ 20 = 21 : · GOI DEN · ; · : ~?;;~ V/-01~ _....__ \ : GATE - - . I '/ ""--1/////'. ~ 28 0 26 " 27 '7/1/...... :q - ~ ?"": ""-. ..."- ð~ \0 ~~41 35: J6 31 32 33 34'~ o /r/...L~", .¡ ~v~~~ It 1\ 0 I 0 It 0'" 0 ~ ~V 3 6 5 ....... ;:r -~"" 1l'~ ~V(¿ /' '/ /-///1./ 1 ..., 4 2 """''''' cwo COI.IttRY cr::1.YffY LOCATION MAP N,T,S, _M"""~_~_""""_","~.,""""~,,,, Page 3 Table 1 TOT AL PM PEAK HOUR PROJECT TRIP GENERATION GENERAL 710 117.105 T.G.L.A. (T) = 1.12(X) + 78.81 210 OFFICE SPECIALTY 814 12.875 T.G.L.A. (T) = 2.4(X) + 21.48 52 RETAIL DRIVE- IN 912 4.5 T.G.L.A. 45.74/T.G.L.A. 206 BANK QUALITY 931 4.8 T.G.L.A. 7.49/T.G.L.A. 36 RESTAURANT Table 2 ENTER/EXIT BREAKDOWN OF TRIPS DURING PM PEAK HOUR GENERAL OFFICE SPECIALTY RETAIL DRIVE-IN BANK QUALITY RESTAURANT 174 52 206 36 17%/83% 44%/56% 50%/50% 67%/33% 30/144 23/29 103/103 24/12 Table 3 TOTAL PM PEAK HOUR EXTERNAL PROJECT TRIPS GENERAL OFFICE SPECIALTY RETAIL DRIVE-IN BANK QUALITY RESTAURANT 174 52 206 36 5% 5% 5% 5% 165 49 196 34 Table 4 TOTAL PM PEAK HOUR EXTERNAL NON-PASS BY PROJECT TRIPS GENERAL OFFICE SPECIALTY RETAIL DRIVE-IN BANK QUALITY RESTAURANT 165 49 196 34 0% 30% 15% 30% 165 34 167 24 ~~" . . ..,...........'-"__0.·..-. Page 4 TRIP ASSIGNMENT The projected directional distribution of traffic to and from Pine Ridge Center site was detennined using population and surrounding trip attractions. A modified Fratar method calculation was used based on population projections for the area and proportional distribution of existing traffic. The project directional distribution is shown on Table 5, page 5. The distribution includes accessed, adjacent and subsequent connecting links. Table 6, on page 6, provides details regarding the significance test for impacts to road segments on the surrounding roadway network. Since no roadway segments meet the significance test, only the accessed roadway segments will be included in the balance of the analysis in this report. EXISTING TRAFFIC Table 7, page 7, shows existing AADT traffic volumes, including peak hour volumes for the roadway links accessed by the project. The values were taken from the 2003 traffic counts published in the Collier County Annual Update Inventory Report (AUIR). The traffic count data is presented in Appendix A, Supporting Data. Level of Service (LOS) detenninations are made based on Peak Hour, Peak Direction Service Volumes presented in the AUIR. Table 8, page 7, shows peak hour traffic volumes including project traffic. DISCUSSION The impact of project traffic volumes on the roadway network surrounding the project is not significant. The volume of proposed project traffic does not degrade the level of service of any of the roadway links within the project RDI below acceptable standards. All segments will operate at LOS Standard or better. All segments will also have excess peak hour capacity greater than the projected trip generation for the subject property. No roadway segments are significantly impacted by project traffic. F:IJOB\Kraft Pine Ridge\TIS\KPRTISNEW,DQC KPRSDP ""~._..~"--_."~"-.-."_._,.,~,,,.,,,,_--_.","-"'.~-~""-",'--~~...._-_.~-_.._------- Page 5 Table 5 PROJECT DIRECTIONAL DISTRIBUTION ROADWAY LINK FROM TO % OF PROJECT VOLUME Pine Ridge Road Airport Road Livingston Road 20% Pine Ridge Road Livingston Road Project Entrance 50% Pine Ridge Road Project Entrance 1-75 50% Pine Ridge Road 1-75 Logan Boulevard 15% Livingston Road Vanderbilt Beach Road Pine Ridge Road 15% Livingston Road Pine Ridge Road Golden Gate Parkway 15% Vanderbilt Beach Road Airport Road Livingston Road 8% Vanderbilt Beach Road Livingston Road Logan Boulevard 7% Airport Road Vanderbilt Beach Road Pine Ridge Road 10% Airport Road Pine Ridge Road Golden Gate Parkway 10% Golden Gate Parkway Airport Road Livingston Road 8% Golden Gate Parkway Livingston Road 1-75 7% Logan Boulevard Vanderbilt Beach Road Pine Ridge Road 8% Logan Boulevard Pine Ridge Road Green Boulevard 7% F:\JOB\Kraft Pine Ridge\TIS\KPRTISNEW.DOC KPRSDP Vìl'--ooVì'OI'--NN ooVìVì'OVì'<tOoo ""';""';OOOONO ~~~g~~o~ °0 °0 r-t 000 "l "l g:; °0 ..... ..... '<t <'ì <'ì <'ì N "0"0"0"0 11111111 rJ1 ~ ~ ~ ~ 000 0 o 0 000 000 E-- .c.c~:B ~~~:B~-B~:B z ~ ~ ~ - t ) ~ 0 ;:1 t ) 0:1 0 ;:1 t ) ~ 0 ;:1 ~ ~~za ~~za~~za ~ ~ z ~ '-e ~ ~ ~ ~ ~ E-- - rJ1 ~ Z .Q ~ œ rJ1 ~ E-- ~ rJ1 U E-- ~ < u u ..., < u ~ ~ < < ~ ~ _.".-._~".._-_.-..""_.~,"..,..",, ... = :I Qì "'" ~ ~ :I .""" - ... :I Qì = ~ Qì ('I) .c = ('I) "C :I ~ ... :I Qì ~ ~ :;- ~ .¿ Qì ('I) ('I) Qì ~ ~ < ..¡.; ('I) Qì ... Qì ~ :I ~ ~ = .""" :I t>J) .""" ('I) Qì ..= ... "C Qì Qì ~ ~ Qì ('I) ... :I Qì e t>J) Qì . ('I)"C ~Qì ~... ~ ~ "C Q" ~ e = .""" "'" =5 Z :I ~ .. ~ ~= ~ 'a Ot>J) z .; Page 7 Table 7 ROADWAY LINK PEAK HOUR LOS - EXISTING ROADWAY LINK FROM TO AADT PEAK HOUR LOS PEAK DIR. Pine Ridge Road Livingston Project Entrance 33,800 3,110 D Rd. Pine Ridge Road Proj ect 1-75 33,800 3,110 D Entrance . Table 8 ROADWAY LINK PEAK HOUR LOS - WITH PROJECT ROADWAY LINK FROM TO AADT PEAK HOUR LOS PEAK DIR. Pine Ridge Road Livingston Project Entrance 35,148 3,234 D Rd. Pine Ridge Road Project 1-75 35,148 3,234 D Entrance F:'JOB\Kraft Pine Ridge\TIS\KPRTISNEW,DOC KPRSDP APPENDIX A SUPPORTING DATA A-I F:IJOB\Kraft Pine Ridge\TlS\KPRTlSNEW,DOC KPRSDP F__',"'_", ... ',j O,__..._."..a..-,··-·. ~ ~ ~ ~J t I 1 e 1 . 1 ! j I> ~ ~ ~ § ~ ~ æ ;u~ i .e ~ Q ~ ~ ~ i ~ 8 g¡ ~ iui J ¡!j SI!l ~ I f ! I ! I .. ~ ::¡ . ~ ~ ! I II § ~ n ~ .. ~ .. ¡:; ~. ~ ~ ~j! " ~ " " Q ~ ~ ! i " 5 ~ ~ ~ ~ ! ~ ~ Q i " 5 .. ¡ I ~ ¡ .. ~ I § " u '" .. ~ ~ :::¡ i ~ ~ i .. ~ ~ 5 ë 1!1 5 i ~ 5 !5 !5 '" " Q " IJ ~ § ð ð ~ 5 6 a ~5¡5 t Ii II . ! t: J ! I I t t t UtI J 5 a a s I I i I . '" Q u u oj Q "' .. u Q Q .., Q Q " U " ... oj Q U " Q U .. Q " .. .. " " '" Q U U '" J ~ ~ : !! ~ ~ ~ i!! ~ ~ ~ ~ ~ Ii! .. ~ ! ~ .. ~ ~ S! ~ ~ ~ ~ ~ ~ ~ ~ j 5 ~ § - ::J :! 5 .. !:i :! , ~ ~ ~ i ~ ~ !! ~ ~ ~ i ~ ~ Ii! S ~ ª ii ~ ~ ~ ~ !! ! ! ~ ! :i! s¡ ~ ~ ~ '"' - " ;:¡ ;:¡ :; .. :! :;;! ~ Q .. .. .. .. "' Q Q Q Q Q '" Q " Q " Q .. "' '" .. Q Q Q .. .. Q Q '" " " Q " Q " J ~ Ii! Ii! f1 ~ " e " ¡;¡ i? ¡:¡ ~ e ~ e ¡;¡ Ii Ii! Ii! e " " ¡;¡ e e Ii! ¡;¡ 1:1 ¡;¡ e e if " e !if '" .. . .. .. cD ¡ ill IJ I .~ ¡¡ It ~ .J! 1 ¡ 15 ill I ì ~ J J ~ J § 1 ~ ~ j I J J ~ ~ ~ ~ ~ I M "t I J ¡ J ¡¡ s .. .. 11 ! ! ð I j J 9 J ! 1 J I J ) ~ ¡¡ .IÎ s 15 15 ¡ s j s s a ! s J I .. ~ J a I ;i j ¡¡ ;i j j i a J ;i ~ ~ J ~ a Ii ~ ¡ iC s a a ¡¡ ~ ! ¡¡ Ii! j 1 :¡ ¡¡ 9 S .. s II s j ~ ¥ I ¡¡ j'j 11 . I 9 Iii s .. J ;i ~ '" j .,; ¡¡ Ii! 9 .. ~ 9 .. ! j Ii 11 " " ~ j I .,; ! '1 ¡¡ ! " J J .t I j 'I j J ~ " .. a 11 ¡;; 9 9 e .. Ii ¡; s /j j A ~ I ~ i' ~ ~ ~ 9 J !! ~ ~ l II :¡ .. .,. \,) ! i Ij ¡¡ ¡ ¡ .¡¡ I ~ ~ ~ ; ¡¡¡ 51 í ~ I~ €I " ð ! Ii ¡!¡ .. ~ t ~ ! u 51 ;!! ¡¡ ¡¡ If ¡¡ ¡¡ J ! s ! i i i ~ ! ~ ~ ~ ~ j i ! 15 ~ j Ii i ~ I .. .. .. .. .. Ii ¡¡ .. ! j ! i  ! ! ! ! J j ~ ~ ~ ~ ... S ... B B B B B B i ~ i ã ~ ã i 6 R ~ ft B B ~ ~ g ~ ~ ~ ~ ~ ~ Ë j J ~ u i .. ~ .. I ~ ¡ ä i õ " i ã '"' i .. ., .. i i ;¡; .. i i I i i i j i ii ii i i ~ ~ i i ii i i i 8 :R ~ ~ ~ ;::; ::! :;¡ " * :¡ :¡ \1 ., It I! :!: '2 II ~ ¡ ;; ::;¡ ~ ;¡ II II !:! - ~ - N ~ .. ~ .. ~ - .. ! :: !:! ~ :! :0 :! !::: ~ !: ;¡¡ ;; ¡;j ::¡ II ~ <11 ¡:¡ iii P¡ ~ ;::; ,.. ::; ;!; ::! ~ '"' I I I !} ,",0 ~ .. I j ~-z. ~ , , = j ~ ~ I i J I J I . "0 .. ã I ! ~ ~ I~ ~ Ii U ~ I .. ! ~ ~ ~ ~. ~ g ~ ~ ! ~ ~ .., ï ~ ~ ~ ! 'I íì I ~ ~ ª õ . 0: Õ Õ ~ ~ .. II a ..~ II~ I 5 il :al III ~h Ii I J J t: E I 51 ., 5 I I '" .. " .. u .. .. " < < < u .. <> .. .. .. .. u .. < u <> U AI .. <> '" u " .. .. .. .. .. I ! ! ~ ! g ~ ~ ~ a ! ~ ~ ~ ~ .~ , ~ ! ~ ! ~ ~ ! ! ~ i ~ ~ ~ ~ ~ ;; - ;.¡ .. - .. j .~ iii ~ ~ ª $ ~ ~ ! § ~ ji ~ ~ :e § ~ c ! i ~ ~ ~ C> ~ ~ ~ ~ ~ ;:¡ ::1 , S ~ .. .¡ - .., .. - N N - .. ~ " '" Q " " " " " " Q " '" " " '" " '" " " " " " " " " .. .. AI .. .. " " " " " " ! ~ ~ ¡¡ $ e ~ :> i e e :à 61 ~ ¡;¡ ¡;¡ Ii a iii i iii ~ ¡;¡ ¡;¡ ¡;¡ e iii Q $ i iii i Ii e e '" e ... .. II i i i ~ t i ~ 'I ! J '" j ¡¡ Ii J r i i J M ~ i ª " ¡¡¡ ;¡ ~ s I I ! I I ;¡f .. I Ii! 'I '!! ~ J A j !! I i ;II ! I ¡¡ ! ¡¡ J .. ¡¡¡ ~ !! ~ J II a !! :I :t !S ;;i "" ð ., ;:! ;:! .. J 1 ~ a s s s .. j s a . . j !! I ei :;: ::J .. ;:! s <'5 Ii Ii 0 oj ! ~ 9 II ~ i Ii! ~ a I .. s s s j i '" i ~ .!I s J ! ;¡j "' 9 iõ '" '" j J !! !! ~ 9 ~ Ii i ;!Í J J 9 u ~ ~ '! J I Ii ) z . '! a ~ s J a l Š ~ I l .. ~ i ~ ~ .s ! i:. ] II '" t ] i ;:! ;:! ;:! J J j J ] 1 1 1 j ~ " ~ i .,; ;¡j i I ;:! ~ ;:! ;:¡ ;:! .; ~ " .. 1 1 1 1 J II J ~ J J t J J J .. .. .. II ! ~ " ;:! ;:! i J I I J J ~ ~ ! .. ~ ! l J ~ j i i ;., ;;¡ ž .. j j ~ ~ ~ ~ ~ ~ ~ ~ B ~ ä j ä D ~ I~ I ~ ~ ~ ~ B ~ ~ ~ J u ¡ I i j ~ I i ¡;¡ i I 3. i i i is § ä ã ; ï Ii i ä I i i I ï ~ i i § i j i Š i i i ~ ~ :;; :¡ - ... .. .. ¡: ¡: ¡:! :s ¡: " ¡¡ ç¡ .. Ç! ç¡ ¡:: iii t; <Ii :It 11 J!; :'t :!; ;; ;¡ % 111 :II ¡:; :;; t: .. ¡ . ;; ::I ~ , ;; F; ,., ;f ~ :t 4 ~ " ~ :;; Ç! ç¡ ;:p; II: ~ I; II $; fB ;¡¡ !II :¡ III :s ~ ':I ~ Ii! ¡: I'! ~ it 9 I I Al ui h! !U ~ ; j ! A-~ ""''''-'""~'''-'"'''''~--------'-'''- !I~ ~ I t . ~ ~ 5 .IJ § J ! ~ ~ .IJ I õ ~ ~ l J ~ J ! ~ ~ ! ¡;; I 5 Õ '" :!I ~ 3 ! ~ I ~ " s '" IJ ~ ~ § ~ § , i I 11 ., ~ 5 ,,} I I I i "0 .. '" Q " U i ! J J J 4 J J ! J J J J J J J ~ J J ! J J i J i J J J J I e ¡ 5 ui fU !a 0 Q Q Q Q 0 U 0 U U U U U U W W ~ ~ ~ ~ u u u ~ ~ ~ ~ w ~ ~ w ~ ~ 0 ~ 0 0 0 I ~ ~ a - ~ l ~ ~ ~ s '" ., < < < u .. u u u U '" " " .. .. .. u .. " " " Q Q Q "' Q Q U Q < .. \oJ .. .. ! Ii! ~ :;¡ ¡¡ '" ~. ~ ~ ! ~ ~ ~ ! ~ t'! ~ ~ .. š ~ § ~ ~ ~ !! ~ ~ !! ~ 5 ; . 1;< § ¡ N " '" - - ~ ~ ~ ~ ª Ii ~ ~ ~ " ~ ~ .. ~ ~ !! !! t'! ~ Ii! ~ ~ ! g ~ iii ~ ~ ~ " ~ ~ ~ ~ .. ~ :; :; " ..; - I I I !! a e e e e ~ ~ ~ ~ e g ~ ~ ~ ~ e i a a a a ~ a i i i a Q a a a a i ~ ~ e ~ ~ i 1 ~! ~ - ! B ,. 51 1 t .. 1i1 J M ~ I I ; -< Z ~ ~ ~ ; i s5~e~ ~ ð !2 fj i <1 t ~ ~ ¡!; e s .,¡ ~ ~ ìl ª '] ~ J i Ii ~ .i ~ 51 II J I) :: ¡!; . Z IX ~ ,. j 1 1 ~ ~ ~ ¡ ìl J ~ ~ Ii ¡!; ! ~ : i i 1 t II Ii ~ ~ ~ J Ij 1,1 ~ ð ¡ í I ~ s I ¡ ~ ! ,!j 1 ¡ ~ ~ l j ~ J ! j Ij J ! i t j J ! ;¡ ¡ If Ii fà w i y ~ ~ i i ,. ,!j ¡j I i i ¡¡; ~ i i i ! ! ; ! l ! J J ! ~~ J J J i ¡!; ¡!; ¡!; ¡!; ¡!; ¡!; I) ¡!; :: ¡ ¡ If j j I~ ] ! ! ! J J ! ! ! ¡ Ii IJ j IJ J I !! J J! I~ i ~ i g I j I @ ::~ ;It :lit ~ c ¡e :: I! R ~ i ~ fi ~ ~ I ~ ~ ~ ª ~ i ~ ~ ~ ~ ª ~ i i i i i ~ i i j ! J J ! ! J l III 1 I I I I 1 ¡ ¡ i ;¡ ~ ~ ~ 1 1 ¡ ¡ ¡ 1 ~, ~ ~ ~ ~ ~ ~ ~ ð 1 ! ] 1 :1 i i ï Ii ¡ ¡ I I I I I IJ II J ~ ª ~ B ~ m i i I , ï .. '" ~ a ;: g ~ Iõ ~ r: ~ ~ ~ ~ ::¡ .. ¡¡ 11 III lit ¡;: s: ~ J ;: II ¡;; a: iii ! § § Ii !! § ! tJ ::¡ III ;!; !ë ~ § ~ _ !:! A..' Iii II ~ ~ I! I! ~ ~ ~ :~ ~ n - " .. \II .. ~ ~ s ~ ~ s: ~ ~ ~ s: ¡¡ ~ ~ ~ i I ! !~ ! fIQ ,¡,¡ .. Q j ~ s: ~ ~ ~ ~ s: ~ ~ ~ ... i t ;¡¡ Ê :! ~ ... !! ~ I Q ~ !I !I ~ ~ ~ ~ 51 ¡¡ ~ ~ ~ ~ ~ , ; ! .. .. ~ .. J Q '" .. J ~ 1):. ~ ~ .. ¡¡ ¡¡ ~ ! ~ ~ ~ '" ¡ ~ - I :5 ~ ~ ~ S S1 3 ! ~ i'J E :q ~ Š ! II; !:: ! ~ ª .. ! ! I .., ¡s u ¡¡ I !l I -'0 to U U < .. .. U~ , ~ i ~ ! ~ ; ¡ J!j , ~ ~ ~ ~ ~ 11 ~ I Q Q Q Q Q Q J.J ~ ~ ~ i=l e ~ ~ i .... ! ~ ! ê ! A J1iI ~ ! .~I J I.\iI A g: ¡ ~ ~ ~ ~ A j ~ ; ! ¡! j " i j - :t j I i ~ ~ :t .. I A ~ ð A :; J .. !'j ! 1 ¡ ! ¡ ~ l I ð I Iii ~ ~ ä i I ¡ j I ~ ! : I r ] J Ii II . .. ! i ; 8 !! ;Q I 5 ~ ~ 0 ~ . ~ Ð N ! 1iI J ~ ~ i ~ j J J J J ~ j I ~ ~ ï ï i I I J J J !.' I ~ ~ i ~ IJ j ! ~ : I ~ t I j' · did! f~ .Uð.u K [ il i ~ 1EI !! !3 II ~ ::;;1( ~ B ~ a Ð ! ~ ~ a a ~ ~ ~ B ~ A-If. Pine Ridge Center Summary of Multi-Use Trip Generation Average Weekday Driveway Volumes November 05, 2004 Land Use Size 24 Hour AM Pk Hour PM Pk Hour Two-Way Volume Enter Exit Enter Exit General Office Building 117.105 Th.Gr.Sq.Ft. 1507 187 26 36 174 Specialty Retail Center 12.875 T.G.L.A. 588 0 0 23 29 Drive-in Bank 4.5 Th.Gr.Sq.Ft. 1109 31 24 103 103 Quality Restaurant 4.8 Th.Gr.Sq.Ft. 432 0 0 24 12 Total 3636 218 50 186 318 Note: A zero indicates no data available. TRIP GENERATION BY MICROTRANS A-(p Summary of Trip Generation Calculation For 117.105 Th.Gr.Sq.Ft. of General Office Building November 08, 2004 Average Standard Adjustment Driveway Rate Deviation Factor Volume Avg. Weekday 2-Way Volume 12.86 0.00 1. 00 1507 7-9 AM Peak Hour Enter 1. 60 0.00 1. 00 187 7-9 AM Peak Hour Exit 0.22 0.00 1. 00 26 7-9 AM Peak Hour Total 1. 82 0.00 1. 00 213 4-6 PM Peak Hour Enter 0.30 0.00 1. 00 36 4-6 PM Peak Hour Exit 1. 49 0.00 1. 00 174 4-6 PM Peak Hour Total 1. 79 0.00 1. 00 210 Saturday 2-Way Volume 2.30 0.00 1. 00 269 Saturday Peak Hour Enter 0.19 0.00 1. 00 23 Saturday Peak Hour Exit 0.17 0.00 1. 00 19 Saturday Peak Hour Total 0.36 0.00 1. 00 42 Note: A zero indicates no data available. The above rates were calculated from these equations: 24-Hr. 2-Way Volume: LN(T) · 77LN (X) + 3.65, R^2 0.8 7-9 AM Peak Hr. Total: LN(T) · 8LN (X) + 1. 55 R^2 0.83 , 0.88 Enter, 0.12 Exit 4-6 PM Peak Hr. Total: T = 1.12(X) + 78.81 R^2 0.82 , 0.17 Enter, 0.83 Exit AM Gen Pk Hr. Total: LN(T) = · 8LN (X) + 1. 55 R^2 0.83 , 0.88 Enter, 0.12 Exit PM Gen Pk Hr. Total: T = 1.12(X) + 78.81 R^2 0.82 , 0.17 Enter, 0.83 Exit Sat. 2-Way Volume: T = 2.14 (X) + 18.47, R^2 = 0.66 Sat. Pk Hr. Total: LN(T) · 8 lLN (X ) + -.12 R^2 = 0.59 , 0.54 Enter, 0.46 Exit Sun. 2-Way Volume: LN(T) .86LN(X) + .31, R^2 = 0.5 Sun. Pk Hr. Total: LN(T) · 6lLN (X) + -.23 R^2 = 0.56 , 0.58 Enter, 0.42 Exit Source: Institute of Transportation Engineers Trip Generation, 7th Edition, 2003. TRIP GENERATION BY MICROTRANS A-1- Summary of Trip Generation Calculation For 12.875 T.G.L.A. of Specialty Retail Center November 08, 2004 Average Rate Standard Deviation Adjustment Factor Driveway Volume Avg. Weekday 2-Way Volume 45.71 0.00 1. 00 588 7-9 AM Peak Hour Enter 0.00 0.00 1. 00 0 7-9 AM Peak Hour Exit 0.00 0.00 1. 00 0 7-9 AM Peak Hour Total 0.00 0.00 1. 00 0 4-6 PM Peak Hour Enter 1. 7 9 0.00 1. 00 23 4-6 PM Peak Hour Exit 2.28 0.00 1. 00 29 4-6 PM Peak Hour Total 4.07 0.00 1. 00 52 Saturday 2-Way Volume 0.00 0.00 1. 00 0 Saturday Peak Hour Enter 0.00 0.00 1. 00 0 Saturday Peak Hour Exit 0.00 0.00 1. 00 0 Saturday Peak Hour Total 0.00 0.00 1. 00 0 Note: A zero indicates no data available. The above rates were calculated from these equations: 24-Hr. 2-Way Volume: T = 42.78(X) + 37.66, R^2 = 0.69 7-9 AM Peak Hr. Total: 0 R^2 0 , 0 Enter, 0 Exit 4-6 PM Peak Hr. Total: T = 2.4 (X) + 21. 48 R^2 0.98 0.44 Enter, 0.56 Exit AM Gen Pk Hr. Total: T = 4.91 (X) + 115.59 R^2 0.9 0.48 Enter, 0.52 Exit PM Gen Pk Hr. Total: 0 R^2 0 0 Enter, 0 Exit Sat. 2-Way Volume: 0, R^2 0 Sat. Pk Hr. Total: 0 R^2 = 0 , 0 Enter, 0 Exit Sun. 2-Way Volume: 0, R^2 0 Sun. Pk Hr. Total: 0 R^2 = 0 , 0 Enter, 0 Exit Source: Institute of Transportation Engineers Trip Generation, 7th Edition, 2003. TRIP GENERATION BY MICROTRANS A-~ Summary of Trip Generation Calculation For 4.5 Th.Gr.Sq.Ft. of Drive-in Bank November 08, 2004 Average Rate Standard Deviation Adjustment Factor Driveway Volume Avg. Weekday 2-Way Volume 239.42 0.00 1. 00 1077 7-9 AM Peak Hour Enter 0.00 0.00 1. 00 0 7-9 AM Peak Hour Exit 0.00 0.00 1. 00 0 7-9 AM Peak Hour Total 0.00 0.00 1. 00 0 4-6 PM Peak Hour Enter 0.00 0.00 1. 00 0 4-6 PM Peak Hour Exit 0.00 0.00 1. 00 0 4-6 PM Peak Hour Total 0.00 0.00 1. 00 0 Saturday 2-Way Volume 72.68 0.00 1. 00 327 Saturday Peak Hour Enter 0.00 0.00 1. 00 0 Saturday Peak Hour Exit 0.00 0.00 1. 00 0 Saturday Peak Hour Total 0.00 0.00 1. 00 0 Note: A zero indicates no data available. The above rates were calculated from these equations: 24-Hr. 2-Way Volume: T = 182.34 (X) + 256.87, R^2 = 0.59 7-9 AM Peak Hr. Total: 0 R^2 0 0 Enter, 0 Exit 4-6 PM Peak Hr. Total: 0 R^2 0 , 0 Enter, 0 Exit AM Gen Pk Hr. Total: T -- 22.25(X) + 37.18 R^2 0.51 0.51 Enter, 0.49 Exit PM Gen Pk Hr. Total: 0 R^2 0 , 0 Enter, 0 Exit Sat. 2-Way Volume: T = 86.27(X) + -61.15, R^2 = 0.52 Sat. Pk Hr. Total: 0 R^2 0 0 Enter, 0 Exit Sun. 2-Way Volume: 0, R^2 0 Sun. Pk Hr. Total: 0 R^2 = 0 , 0 Enter, 0 Exit Source: Institute of Transportation Engineers Trip Generation, 7th Edition, 2003. TRIP GENERATION BY MICROTRANS A-'i _.~~.,-.-,,-_... -0<1'" ....IS>..J.l Summary of Trip Generation Calculation For 4.8 Th.Gr.Sq.Ft. of Quality Restaurant November 08, 2004 Average Standard Adjustment Driveway Rate Deviation Factor Volume Avg. Weekday 2-Way Volume 0.00 0.00 1. 00 0 7-9 AM Peak Hour Enter 0.00 0.00 1. 00 0 7-9 AM Peak Hour Exit 0.00 0.00 1. 00 0 7-9 AM Peak Hour Total 0.00 0.00 1. 00 0 4-6 PM Peak Hour Enter 0.00 0.00 1. 00 0 4-6 PM Peak Hour Exit 0.00 0.00 1. 00 0 4-6 PM Peak Hour Total 0.00 0.00 1. 00 0 Saturday 2-Way Volume 87.60 0.00 1.00 420 Saturday Peak Hour Enter 6.36 0.00 1. 00 31 Saturday Peak Hour Exit 4.42 0.00 1. 00 21 Saturday Peak Hour Total 10.77 0.00 1. 00 52 Note: A zero indicates no data available. The above rates were calculated from these equations: 24-Hr. 2-Way Volume: 0, R^2 0 7-9 AM Peak Hr. Total: 0 R^2 0 0 Enter, 0 Exit 4-6 PM Peak Hr. Total: 0 R^2 0 0 Enter, 0 Exit AM Gen Pk Hr. Total: 0 R^2 0 0 Enter, 0 Exit PM Gen Pk Hr. Total: 0 R^2 0 0 Enter, 0 Exit Sat. 2-Way Volume: LN(T) 1.04LN(X) + 4.41, R^2 0.54 Sat. Pk Hr. Total: T = 10.87(X) + -.46 R^2 = 0.64 , 0.59 Enter, 0.41 Exit Sun. 2-Way Volume: 0, R^2 = 0 Sun. Pk Hr. Total: LN(T) .94LN(X) + 2.21 R^2 = 0.55 , 0.63 Enter, 0.37 Exit Source: Institute of Transportation Engineers Trip Generation, 7th Edition, 2003. TRIP GENERATION BY MICROTRANS A-IO 3500 Corporate Plaza Environmental Impact Statement Collier County Section 18, Township 49 South, Range 26 East Approximately 17.08 acres Prepared by: Boylan --)¡'" Environme~1--- Consultants, )'he. Wetland & Wildlife Surveyifi-¡ronmental Permitting, Impact ksessments 11000 Metro Parkway, Suite 4, Fort Myers, Florida, 33912 Phone: (239) 418-0671Fax: (239) 418-0672 February 21,2005 n T__""·..·""--···· SEC. 3.8.5. INFORMATION REQUIRED FOR APPLICATION. 3.8.5.1 APPLICANT INFORMATION. A. Responsible person who wrote the EIS and his/her education and job related environmental experience. Rae Ann Boylan, B.S., M.S., Biology, Environmental Sciences, 21 years experience; RaeAnn@BoylanEnv.com; (239) 418-0671. Kimberly Schlachta, B.S., Environmental Sciences, 6 years experience; KimS@BoylanEnv .com; (239)418-0671 Mike Delate, P.E., M.E., Environmental Engineering, 15 years experience, Q. Grady Minor and Assoc., P.A.. B. Owner(s)/agent(s) name, address, phone number & e-mail address. Pine Ridge Investors of Naples, Inc. 2606 S. Horseshoe Dr. Naples, FL 34112 239-643-6000 3.8.5.2 MAPPING AND SUPPORT GRAPHICS. A. General location map. See attached map titled Location Map. B. Native habitats and their boundaries identified on an aerial photograph of the site extending at least 200 feet outside the parcel boundary. This does not mean the applicant is required to go on to adjoining properties. Habitat identification consistent with the Florida Department of Transportation Florida Land Use Cover and Forms Classification System (FLUCFCS) shall be depicted on an aerial photograph having a scale of one inch equal to at least 200 feet when available from the County. Other scale aerials may be used where appropriate for the size of the project, provided the photograph and overlays are legible at the scale provided A legend for each of the FLUCFCS categories found on-site shall be included on the aeriaL See attached map titles FLUCCS Map of Site and Area Extending 200 Feet Beyond. C. Topographic map, and existing drainage patterns if applicable. Where possible, elevations within each of FLUCFCS categories shall be provided See attached map titled Topographic Map. D. Soils map at scale consistent with that used for the Florida Department of Transportation Florida Land Use Cover and Forms Classification System determinations. See attached map titled NRCS Soil Survey Map. E. Proposed drainage plan indicating basic flow patterns, outfall and off-site drainage. See revised attached engineering plans (Grading, Paving, and Drainage Plan). 2 F. Development plan including phasing program, service area of existing and proposed public facilities, and existing and proposed transportation network in the impact area. See revised Q. Grady Minor and Assoc. master plan. G. Site plan-showing preserves on-site, and how they align with preserves on.adjoining and neighboring properties. Include on the plan locations of proposed and existing development, roads, and areas for storm water retention, as shown oil approved master plans for these sites, as well as public owned conservation lands, conservation acquisition areas, major flowways and potential wildlife corridors. No adjacent preserves, conservation acquisition areas, flowways or potential wildlife corridors exist in this area or around the project site. Roads and development exists along the north, west, and south boundaries of the site. The area to the east is undeveloped. A large portion of the onsite preservation and replanting is located along this property line for potential future preserve areas that may be located on that site. The preserve areas have been designed to best accommodate the onsite wetlands, and neighboring properties. No adjacent preserves, conservation acquisition areas, flowways or potential wildlife corridors exist in this area or around the project site. Though the proposed development plan does not match the conceptual plan depicted in the PUD document, the site generally is designed in conformance with that conceptual plan. There is a note on the PUD plan which states that the plan is conceptual in nature and may be changed at time of site development. Because of the presence of wetlands on site that were not anticipated at the time ofthe PUD application, the site's water management and location of preserve areas had to be altered to accommodate the wetlands. The total site preservation exceeds that required by the PUD. H. For properties in the RLSA or RFMU Districts, a site plan showing the location of the site, and land use designations and overlays as identified in the Growth Management Plan. Not applicable, the project is not within those districts. 3.8.5.3 PROJECT DESCRIPTION AND GMP CONSISTENCY DETERMINATION. A. Provide an overall description of the project with respect to environmental and water management issues. The project site contains 0.96 acres of wetlands, 0.23 acres of agricultural ditches (surface waters) and 15.90 acres of uplands. There are two wetlands onsite, one a pine-cypress-cabbage palm wetland (0.42 acres) near the western property boundary and the other a hydric pine flatwoods (0.54 acres) on the east side that extends offsite (0.34 acres). The majority of the remainder ofthe site comprises pine flatwoods, although unimproved pasture areas and a palmetto prairie are located in the northern portion of the site. The proposed site plan will impact the hydric pine flatwoods to the east. Mitigation will be provided for this wetland offsite in its entirety (induding the offsite portion) as permitted through SFWMD. The pine-cypress-cabbage palm 3 wetland will be preserved, enhanced, and incorporated into the projects surface water management system. In doing so, the hydrology for this wetland will be improved. In order to offset the direct wetland impacts onsite and offsite mitigation will be provided. The onsite mitigation will include the preservation and enhancement of the pine-cypress-cabbage wetland and also a portion of the uplands for buffering per the SFWMD permit. The offsite mitigation will be purchased at Panther Island Mitigation Bank (within the same drainage basin). No adverse secondary or cumulative impacts are anticipated as a result of this development and no adverse water quality or discharge impacts arc anticipated. In addition to the wetland preserve and offsite mitigation, the remaining areas will also be included for additional on-site preservation requirements. A portion of those uplands will be cleared, filled, replanted, and utilized as part of the dry detention and stormwater treatment. These areas are noted on the site plans. Acreages for the preserve areas required, retained, and areas to be replanted are also noted on the site plan. Details describing the habitat conversion, including a detailed cross section are provided in the Landscape Notes and Details. The number of plants required to be used and provided is also located on the Landscape Plan. The species of plants is also listed in detail. The remaining uplands will be retained as preserve with no clearing or regrading. Storm water runoff will be directed into the proposed dry detention surface water management system via catch basins and culverts. This dry detention system provides the first one-half inch of water quality pretreatment prior to overflow into the existing wetland system. The proposed dry and wetland systems provide 3.25 ac-ft of water quality treatment which includes and additional 50% above the required water quality volume to meet the anti-degradation requirements for discharge to an impaired water. B. Explain how the project is consistent with each of the Objectives and Policies in the Conservation and Coastal Management Element of the Growth Management Plan, where applicable. The project site includes wetlands and uplands. Two environmental scientists from Boylan Environmental Consultants conducted a protected species survey. During their investigations no protected species or signs of protected species were identified on the property (see attached PSS). Craig Schmittler, SFWMD representative, conducted a jurisdictional determination in order to determine the wetland boundaries and location. The project proposes to preserve the pine-cypress-cabbage palm wetland (0.42 acres) and a portion ofthe hydric pine flatwoods (0.24 acres) and 2.49 acres of indigenous uplands. The entire hydric pine flatwoods wetland acreage will be mitigated for offsite. This will cover both direct and secondary impacts that will occur to the wetland. There will be 0.85 mitigation credits purchased from Panther Island Mitigation Bank. 4 This project is consistent with Policy 6.1.1 whereas the standards and criteria have been met to preserve native vegetation on-site, by providing greater than 15% indigenous vegetation for commercial development. The total site preservation exceeds that required by the PUD. This project has also followed Policy 6.2.4 by conducting Wetland Jurisdictional determination with the South Florida Water Management District, and proceeding with the Environmental Resource permit applications and meeting the SFWMD guidelines for protection and conservation of wetlands. A SFWMD permit shall be acquired prior to development order approval. In accordance with Policy 6.1.1.(2), preserved native vegetation will include canopy, under-story, and groundcover. The creation areas also include plants in each of the three strata. The preserve areas have been designed to best accommodate the onsite wetlands, keep the preserve interconnected as best possible that the water management system allows for. Additionally, this project is consistent with Policy 6.1.1.(7) whereas because the site cannot fully accommodate both the preservation area and proposed water management, the landscape plan has recreated a native plant community within the water management areas, utilizing larger plant materials to more quickly recreate the lost mature vegetation which will occur during the clearing, filling, and regrading areas in order to meet the preservation requirements. This project is consistent with Policy 6.1.1.(9) whereas there are no adjacent preserves, conservation acquisition areas, flowways or potential wildlife corridors exist in this area or around the project site. Roads and development exists along the north and south boundaries of the site. The west is undeveloped residential, and the area to the east is undeveloped. The preserve areas have been designed to best accommodate the onsite wetlands, keep the preserve interconnected as best possible the water management system allows, and take into consideration the neighboring properties. Brynwood Preserve area is located to the southwest of the site. This preserve allows for a connection to the neighboring properties for potential future preserve areas that may be located on either side, and provides adjacency to the nearest offsite preserve. This project is also consistent with Policy 6.1.1 (5) regarding allowable uses in preserves. Because of the presence of wetlands on site that were not anticipated at the time of the PUD application, the site's water management and location of preserve areas was altered to accommodate the wetlands. This includes the use of small berms and retaining walls within the creation areas to achieve the appropriate hydrology for water quality, and hydrological enhancement of the wetland preserves. Berms are incorporated into the recreation areas and will be planted with native vegetation according to the Landscape Plan. Retaining walls are utilized to deter erosion into the dry detention area to help establish the grading between the natural and created preserve areas. These walls are flush against the dry retention fill on one side and on the other the side it abuts the natural ground with an off set to the preserved (non-cleared) area. It holds back the fill so it doesn't slope into the preserved (non-cleared) area, and does not 5 bisect or separate the preserve. The areas which encompass the wall area are not included in the preserve calculations. These features will not impact the required vegetation which will be replanted according to the Landscape Plan. See Site Plan Land Use Table. 3.8.5.4 NATIVE VEGETATION PRESERVATION. A. Identijÿ the acreage and community type of all upland and wetland habitats found on the project site, according to the Florida Land Use Cover and Forms Classification System (FLUCFCS). Provide a description of each of the FLUCFCS categories identified on-site by vegetation type (species), vegetation composition (canopy, midstory and ground cover) and vegetation dominance (dominant, common and occasional). 212 Unimproved Pasture (approximately 4.86 acres) The canopy is sparse in this community but some scattered cabbage palms and pines were present. Bahia grass dominated the ground cover. Other vegetation found in this community includes wax myrtle, grapevine, black root, broom sedge, poison ivy, dog fennel, and Brazilian pepper. 321 Palmetto Prairie (approximately 1.13 acres) This upland community is dominated by saw palmetto. Scattered throughout the community is wax myrtle, pennyroyal, grapevine, wire grass, hatpins, broom sedge, poison ivy, rusty lyonia, chalky blue stem, and black root. 411 Pine Flatwoods (approximately 9.9 acres) This upland forested community is dominated by Florida Slash pine found in the canopy, with some scattered melaleuca. Mid-story and groundcover is predominantly saw palmetto. Other vegetation present includes wax myrtle, pennyroyal, grapevine, downy rose myrtle, wiregrass, hatpins, broom sedge, poison ivy, rusty lyonia, chalky blue stem, and black root. 500 Other Surface Waters (approximately 0.23 acres) This area is long ditch that runs throughout the northern portion of the property. These ditches are excavated and man made. 624 Pine-Cypress-Cabbage Palm (approximately 0.42 acres) This community includes Cypress, Slash Pine, and Cabbage Palm in the canopy. Various mid-story vegetation includes ear-leaf acacia, melaleuca, Brazilian pepper, Downy Rose Myrtle dahoon holly and saw palmetto. 6 Other vegetation observed in this community includes yellow-eyed grass, smilax, grapevine, stink weed, poison ivy, blue maidencane, nut sedge, hat pins, and swamp fern. 625 Hydric Pine Flatwoods (approximately 0.54 acres) This community is composed of primarily grassy herbaceous vegetation on wet soils. Vegetation found in this community includes yellow-eyed grass, hatpins, and St. John's Wort. Other scattered vegetation includes cypress, pine, and melaleuca. Hydrology was present in the form of algal matting and advantageous rooting was present on the base of the melaleuca. B. Explain how the project meets or exceeds the native vegetation preservation requirement in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan, and Division 3.9 of the Land Development Code. Provide an exhibit illustrating such. Include calculations identifying the acreage for preservation and impact, per FLUCFCS category. The property contained about 10.86 acres of native indigenous communities. This includes Palmetto Prairie (1.13 ac), Pine Flatwoods (9.9 ac), Pine-Cypress wetlands (0.42 ac), and Hydric Pine Flatwoods (0.54 ac). According to Goal 6 of the GMP, that equates to 1.62 acres of indigenous required for Commercial developments greater than 5 acres. The approved PUD required 2.64 acres needed for preservation, including 1.02 acres of indigenous preserve to be retained, and 1.62 acres to be "created", or replanted. The project development proposes to preserve 3.15 acres, which exceeds the required amount in the PUD. This includes 1.65 acres of indigenous preserve to be retained, and 1.44 acres to be "created", or replanted as a natural vegetation area. All slopes and areas on berms will be planted with native vegetation. This plan has actually achieved a higher acreage of retained native vegetation than previously approved in the PUD. In accordance with 3.03.07H.3.a, 25 foot setbacks are provided between all preserved and buildings, and all preserves and parking lots. Slopes will also be planted along edges of preserve. See attached Indigenous Impact/Preserve Map. Upland Wetland OSW Impact Impact! Preserve FLUCCS Community Ac. Ac. Ac. Ac. Creation Ac. Ac. 212 Unimproved Pasture - 4.86 - - 4.86 - 321 Palmetto Prairie - 1.13 - - 1.13 - 7 _. v ..,.,....-"..... Pine Flatwoods - 7.47 1.12 1.31 411 9.9 - Other Surface Waters (ag. ditches) - - - - 500 - 0.23 Pine-Cypress 0.42 - - 0.42 624 - - Hydric Pine Flatwoods 0.54 0.22 0.32 - 625 - - 15.89 0.96 0.23 13.68 1.44 1.65 Total *The entire Hydric Pine Flatwoods will be mitigated offsite. A Preserve Management Plan will be implemented. See attached Preserve Management Plan. C. For sites already cleared and in agricultural use, provide documentation that the parcel(s) are in compliance with the 25-year rezone limitation in Policy 6.1.5 of the Conservation and Coastal Management Element of the Growth Management Plan and Division 3.9 of the Land Development Code. For sites cleared prior to January 2003, provide documentatwn that the parcel(s) are in compliance with the 10-year rezone limitation previously identified in the Growth Management Plan and Land Development Code. Property rezoned in 200 I (PUD 01-08) D. Have preserves or acreage requirements for preservation previously been identified for the site during previous development order approvals? lfso, identijÿ the location and acreage of these preserves, and provide an explanation if they are different from what is proposed. No. E. For properties with Special Treatment "ST" overlays, show the ST overlay on the development plan and provided an explanation as to why these areas are being impacted or preserved. No. 3.8.5.5 WETLANDS. A. Define the number of acres of Collier County jurisdictional wetlands (pursuant to Policy 6.2.1 and 6.2.2 of the Conservation and Coastal Management Element of the Growth Management Plan) according to the Florida Land Use Cover and Forms Classification System (FLUCFCS). Include a description of each of the FL UCFCS categories identified on-site by vegetation type (species), vegetation composition (canopy, mid story and ground cover) and vegetation dominance (dominant, common and occasional). Wetland determinations are required to be verified by the South Florida Water Management District or Florida Department of Environmental Protection, prior to submission to the County. 8 A jurisdictional determination has been conducted by South Florida Water Management District. See attached letter. Two wetlands were identified on the property. These wetlands consist of a 0.42 acre isolated pine-cypress wetland (Wetland ID #1) and a 0.54 acre Hydric Pille Flatwoods (Wetland ID #2). The attached wetland ID map depicts on site wetland boundaries for the SFWMD. The eastern wetland continues off the property. B. Determine seasonal and historic high water levels utilizing lichen lines or other biological indicators. Indicate how the projects design improves/affects predevelopment hydroperiods. Provide a narrative addressing the anticipated control elevation(s) for the site. The site is located west of Whippoorwill Road and south of Pine Ridge Road in Collier County. The site is bounded to the north by Pine Ridge Road, to the west by undeveloped property, to the south by the Hospice of Naples and east by vacant property. The northern portion ofthe site was previously farmed with a ditch still running through it. The average site elevation varies between 10.0 and 11.0. The control elevation was determined by high water marks on trees and by control elevations of adjoining properties. The hydroperiods in the retained wetlands have been altered by past agricultural activity. The project will utilize these wetlands to attenuate storm events. The water management system will consist of a series of inlets interconnected with drainage pipes. The first 12" of runoff will be treated in a dry detention area. This will overflow into the preserved wetland. Attenuation of the storm events will be in this area as well as in the dry detention area. The storm events will return to control elevation within an acceptable period of time (as approved by SFWMD) so as to not adversely affect the function of the wetlands. C. Indicate the proposed percent of defined wetlands to be impacted and the effects of proposed impacts on thefunctions of these wetlands. Provide an exhibit showing the location of wetlands to be impacted and those to be preserved on-site. Describe how impacts to wedands have been minimized. See attached Wetland Impacts Map. -Wetland I (0.42 acres) will be preserved and enhanced by restoring wetland hydrology to proper levels. -None of Wetland 2 (0.54 acres) will be preserved. It will be cleared, filled, and replanted; and is being counted towards preserve requirements. The plan has been minimized to the maximum extent possible while still allowing for a feasible project. The original plan included impacts to all of the wetlands on site as well as most of the uplands. The plan has since been modified to provide for a wetland preserve area as well as a substantial buffer to 3500 Corporate Plaza. The current percentage of preserved wetlands is 44%. 9 In addition there will be no net loss of function to the wetlands and all impacts will be mitigated for. The wetland to be impacted has already been impacted by hydrological alterations and invasion by exotics. The wetland to be impacted is not used by listed species. Furthennore, wetland 2 is isolated; therefore there is no connection to ditches or any other surface waters. It is also more that 350' from any waters of the U.S. All wetland impacts and mitigation have been approved by SFWMD. D. Indicate how the project design compensates for wetland impacts pursuant to the Policies and Objectives in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan. For sites in the RFMU District, provide an assessment, based on the South Florida Water Management District's Uniform Mitigation Assessment Method, that has been accepted by either the South Florida Water Management District or the Florida Department of Environmental Protection. For sites outside the RFMU District, and where higher quality wetlands are being retained on-site, provide justification based on the Uniform Mitigation Assessment Method. Wetland I (0.42 acres) will not be impacted. In order to compensate for onsite impacts to Wetland 2, mitigation will be provided onsite as well as offsite. Onsite mitigation includes the preservation and enhancement of Wetland 1. The offsite mitigation will be provided in a mitigation bank. See attached WRAP. All Environmental issues including wetland impacts with South Florida Water management have been addressed through ERP pennitting. 3.8.5.6 SURFACE AND GROUND WATER MANAGEMENT. A. Provide an overall description of the proposed water management system explaining how it works, the basis of design, historical drainage flows, off-site flows coming in to the system and how they will be incorporated in the system or passed around the system, positive outfall availability, Wet Season Water Table and Dry Season Water Table, and how they were determined, and any other pertinent information pertaining to the control of storm and ground water. The water management system will consist of a series of inlets interconnected with drainage pipes. The first 1Iz" of runoff will be treated in a dry detention area. This will overflow into the preserved wetland. Attenuation of the stonn events will be in this area as well as in the dry detention area. The wet season water table is at elevation 10.7. Dry season is at about 7.7. Discharge through a water control structures will be to the off-site flowway that is part of the Whippoorwill Lane flowway. Discharge will be limited to the rate pennitted by Collier County Ord. 90-10. B. Provide an analysis of potential water quality impacts of the project by evaluating water quality loadings expectedfrom the project (post development conditions considering the 10 proposed Aö land uses and storm water management controls) compared with water quality loadings of the project area, as it exists in its pre-development conditions. This analysis is required for projects impactingfive (5) or more acres of wetlands. The analysis shall be pe1formed using methodologies approved by Federal and State water quality agencies. The 3500 Corporate Plaza project's water management system is designed so as to maximize water quality enhancement, thereby meeting or exceeding the requirements ofSFWMD Basis of Review Sections 4.2.4 and 5.9.1(b). The project will use dry detention combined with additional water quality treatment and attenuation in a wetland. In addition, though, the project will use pollution prevention measures (both during and after construction) along with design features that will improve travel time to discharge locations and allow for additional "scrubbing" of the stormwater prior to discharge. PRE-CONSTRUCTION AND DURING CONSTRUCTION Structural and Non-Structural Controls (Basis of Review 4.2.4.1 (a)-(f)) 1. Follow practices outlined in Pollution Prevention Plan. 2. Install perimeter berm(s) or silt fences with straw bale barrier(s) adjacent to wetland areas. 3. Continue clearing and grading. 4. Construction storm water management lakes 5. Stockpile excavated soil. 6. Stabilize denuded areas and stockpiles within 21 days of last construction activity in that area. 7. Monitor rain events and check condition of erosion control measures after each significant event. Other Controls 1. Proper handling of hazardous or potentially hazardous materials. 2. Proper disposal of all trash and other waste products. 3. Spill prevention and notification 4. Contractor training and responsibility TREATMENT METHODS Non-Structural Controls (Basis of Review 4.2.4.2(b) and (c)) I. Dry detention: The dry detention areas provide contact with the soils and vegetation allowing for longer travel times prior to discharge and to allow uptake of nutrients and absorption to soil particles. 2. Wetland Utilization: This project's wetlands will not be impacted but instead will be incorporated into the water management system. The storm water will be routed to the dry detention system first for sedimentation and primary treatment. The stormwater will then overflow into the wetland system for contact with the extant native wetland vegetation. This will allow nutrient uptake. In addition, the wetland soils will act as a sump for certain nutrients (such as phosphorous) and allow for later use by the wetland. 11 .... ...-,""-..,,-.......-.....--.'.."-.--. Structural Controls Treat the greater of the following: 1. 1" x Drainage Area or 2. 2.5" x %Imp. x Drainage Area For first inch: I" x 16.54 ac = 1.38 ac-ft For 2.5" times percent impervious: 2.5" x % impervious = 2.5" x 77% x 16.54 ac = 2.65 ac-ft Required volume = 2.65 ac-ft The project provides detention for 2.65 ac-ft of water quality between 10.7 and 12.6 feet NGVD. Set water quality discharge at elev. 12.9 to detain an additional 0.6 ac-ft. Pre-treatment: Treat first W' of development area in dry detention (before overflow into wetland and lessing out wetland area) = 0.5 in x (16.54 - 1.05) ac = 0.65 ac-ft Provide additional water quality pre-treatment: Detain first 1 " in dry detention: 2 x 0.65 ac-ft = 1.30 ac-ft Overflow into wetland area at elev. 13.20 ft to treat first 1" POST -CONSTRUCTION Non-Structural Controls (Basis of Review 5.9. I (b)) This project will use Best Management Practices (BMPs) intended to improve the quality of stormwater runoff by reducing the generation and accumulation of potential stormwater runoff contaminants at or near the respective sources for each constituent. 1. Nutrient and Pesticide Management: Each lot owner must commit themselves to the practice of responsible and careful landscape design and maintenance of each lot to prevent contamination of surface waters. 2. Street Sweeping: This practice involves sweeping and vacuuming the primary streets and parking areas to remove dry weather accumulation of pollutants, especially particulate matter, before wash-off ofthese pollutants can occur during a storm event. This practice reduces the potential for pollution impacts on receiving water bodies by removing particulate matter and associated chemical constituents. 3. Solid Waste Management: In general, solid waste management involves issues related to the management and handling of urban refuse, litter and leaves that will minimize the impact of these constituents as water pollutants. 4. Water Management System Maintenance: Inspection of all components of the system on a regular basis. Cleaning of system as necessary to keep system to operate as designed. The water management system was designed to exceed the minimum design criteria as outlined in the Basis of Review. Additional water quality treatment is 12 provided in dry detention areas, and wetland interfaces with the dry detention system. In addition, pre-construction and long term monitoring and maintenance of the system combined with proper fertilizer and pesticide use will improve water quality in the stormwater discharges beyond minimum requirements. C. Identijÿ any Wellfield Risk Management Special Treatment Overlay Zones (WRM-ST) within the project area and provide an analysis for how the project design avoids the most intensive land uses within the most sensitive WRM-STs. N/A 3.8.5.7 LISTED SPECIES A. Provide a plant and animal species survey to include at a minimum, listed species known to inhabit biological communities similar to those existing on-site, and conducted in accordance with the guidelines of the Florida Fish and Wildlife Conservation Commission and the U.S. Fish and Wildlife Service. State actual survey times and dates, and provide a map showing the location(s) of species of special status identified on-site. See attached protected species survey, map and table. B. Identijÿ all listed species that are known to inhabit biological communities similar to those existing on the site or that have been directly observed on the site. See attached protected species survey. C. Indicate how the project design minimizes impacts to species of special status. Describe the measures that are proposed as mitigation for impacts to listed species. A plant and animal survey was conducted according to FGFWFC guidelines. Overlapping belt transects, approximately 10 to 50 feet apart were walked, depending on the density of the vegetation. In addition, periodic stop-look-listens techniques were utilized to observe potential listed species. Environmental scientists from BEC conducted the survey in June and July 2003. The applicant is proposing to follow the "Standard Protection Measures for the Eastern Indigo Snake" during construction. There should be no impacts to the Eastern Indigo Snake. During the investigation a tree-to-tree survey was conducted for the Red- Cockaded Woodpecker and no cavities were observed, nor were there any signs thereof. D. Provide habitat management plans for each of the listed species known to occur on the property. For sites with bald eagle nests and/or nest protection zones, bald eagle management plans are required, copies of which shall be included as exhibits attached to the PUD documents, where applicable. No listed species were observed on-site. E. Where applicable, include correspondence received from the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS), 13 .. ",_;"~,,._^~."'., ...~~,."..~~"_,,,,~_,....,. '''-'M.._ with regards to the project. Explain how the concerns of these agencies have been met. No listed species have been observed on this site. Correspondence from USFWS is included. Additional infonnation has been submitted for COE Pennitting addressing any wildlife issues. 3.8.5.8 OTHER. A. For multi-slip dockingfacüities with ten slips or more, and for all marinafacilities, show how the project is consistent with the Marina Sitting and other criteria in the Manatee Protection Plan. Not applicable. B. Include the results of any environmental assessments and/or audits of the property. If applicable, provide a narrative of the cost and measures needed to clean up the site. Not applicable. C. For sites located in the Big Cypress Area of Critical State Concern-Special Treatment (ACSC-ST) overlay district, show how the project is consistent with the development standards and regulations established for the ACSC-ST. Not applicable. D. Soil sampling or ground water monitoring reports and programs shall be required for sites that occupy old farm fields, old golf courses or are suspected of previously having contamination on site. The Environmental Services staff along with the Pollution Control Department and the Florida Department of Environmental Protection shall determine the amount of sampling and testing. Not applicable. E. 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. Locate any known historic or archaeological sites and their relationships to the proposed project design. Demonstrate how the project design preserves the historic/archaeological integrity of the site. No historical surveys have been conducted on the property. A request was made to the Florida Department of State to research the Master Site File. No indication has been made that the project site is located within a known historic area. 3.8.6 ADDITIONAL DATA. The Development Services Director may require additional data or information necessary in order to make a thorough and complete evaluation of the EIS and project. 3.8. RELATION BETWEEN EIS AND DEVELOPMENT OF REGIONAL IMPACT (DR/). In any instance where the proposed project requires both an EIS and a DRI, their data may be embodied in one report provided such report includes all the required information on both the EIS and DR/. 14 PRESERVE MANAGEMENT PLAN Boylan Environmental Consultants, Inc. November 3,2004 PRESERVE MANAGEMENT A. Installation of protective barriers and sianaae. All protective barriers shall be installed and maintained for the period of time beginning with the commencement of any phase of land clearing or building operations and ending with the completion of that phase of the construction work on the site, unless otherwise approved to be removed by the development services director's field representative, All protective barriers shall be installed pursuant to the Tree Protection Manual for Builders and Developers, division of forestry, State of Florida or other methods approved by the Development services director. Signage shall be placed around the preserve areas to identify and protect the preserve during construction. The boundary of the Preserve shall be posted with appropriate signage denoting the area as a Preserve, Sign(s) should note that the posted area is a protected area. The signs shall be no closer than ten feet from residential property lines; be limited to a maximum height of four feet and a maximum size of two square feet; and otherwise comply with Section 2.5.6. Maximum sign spacing shall be 300 feet. B. Exotic Veaetation Removal. Non-native Veaetation. and Nuisance or Invasive Plant Control. Wetland preserves, conservation areas, preserves, open space areas, and undeveloped portions of the property will be walked and all non-native and nuisance or invasive plant species shall be removed from all preserves (per LCD 3.9.7.1.G), These plants will be killed in a manner consistent with current exotic and nuisance plant removal practices while ensuring that neighboring plants are left unharmed and the soil left as undisturbed as possible. All Category I Exotics shall be removed from all preserves. All exotic within the first 75 feet of the outer edge of every preserve shall be physically removed, or the tree cut down to grade and the stump treated. Treated vegetation debris may be left in place, however, In the case where the extent of exotic vegetation is such that the resultant cut debris from the woody vegetation would create a physical impediment to the colonization of native plants, the exotic vegetation shall be removed from the preserve, or cut and stacked in a manner that will minimize the impediment to re-vegetation by native plant species, The log cabin or teepee methods are recommended. Where aesthetics is a concern, debris should be removed from the area. Trees too large to practicably cut or remove, may be girdled and sprayed with a herbicide and left standing, however, dead trees left standing may pose a physical hazard. When prohibited exotic vegetation is removed, but the base of the vegetation remains, the base shall be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. In all cases, the approval method may not involve mechanical removal, whereby machinery is used to remove the exotics, except under the direction of a biologist. When exotic vegetation exists in high densities, mechanical removal must be approved by County staff. C. Annual Maintenance. Wetland preserves, conservation areas, preserves, open space areas, and undeveloped portions of the property will be walked and inspected at least once yearly for the presence of exotic vegetation. The maintenance program will be conducted in perpetuity. D. General Maintenance. Preserves shall be maintained in their natural state and must be kept free of refuse and debris. E. Monitorina. An annual monitoring report will be provided to Collier County for 5 years documenting the exotic maintenance and the will contain the following: Panoramic Photographs from 4 Photo points Percent coverage of exotic and nuisance plant species Survival of planted material Wildlife observations G. Desianation of a Preserve Manaaer. A Preserve Manager shall be identified as the responsible party to ensure that the Preserve Management Plan is being complied with. The developer shall also be identified. Both parties will be responsible until such time that the homeowners association takes over the management of the preserve. At that time, the homeowner's association shall amend the plan to provide the homeowner association information and information regarding the person hired by the association to manage the preserve. The homeowner's association and the preserve manager shall be responsible for annual maintenance of the preserve, in perpetuity. Preserve Manager: Boylan Environmental 11000 Metro Parkway, Suite 4 Fort Myers, FL 33919 (239) 418-0671 Developer: Pine Ridge Investors of Naples, Inc. 2606 S. Horseshoe Dr. Naples, FL 34112 239-643-6000 G. Wildlife Habitat Manaaement. No listed species were observed on this site. H. Allowable Uses Within Preserve Areas. Passive recreational uses such as pervious nature trails or boardwalks are allowed within the preserve areas, as long as any clearing required to facilitate these uses does not impact the minimum required vegetation. For the purpose of this section, passive recreational uses are those uses that would allow limited access to the preserve in a manner that will not cause any negative impacts to the preserve, such as pervious pathways, benches and educational signs are permitted in the preserve. Fences may be utilized outside of the preserves to provide protection in the preserves in accordance with the protected species section 3.11.3.1.C. Fences and walls are not permitted within the preserve area. I. INSPECTIONS SHALL BE REQUIRED FOR ALL PRESERVES. The preserve areas shall be inspected in accordance with the following schedule: 1. Prior to preliminary acceptance of the phase of the required subdivision improvements; 2. Within the associated phase of the final site development plan prior to the issuance of a certificate of occupancy. ~. ~ ¡;¡ ~~ ~ ~ ~ ~ I~~ \ ~~~ ~ ~ L~ l/ III i. ~ il;~ .J ~ ¡;¡ ~ ) ~~ ~ " ... ð i -"- ( ~ ""'" ~ &I ----- ~ tQ ~ ... (1110 Y:I) 1M> """'" Jþ 31SI :: ;!: ~ ..., ~ ... / ~I ~ ø, I 1/ i ~ .. ~ of" /) kMl~ ¡;.,-- ~ v ~- __ ~ 9 " s I " of" ~ I) 01) ~ CI ð ~ i " - II! ...,-=0 - ..>.....: ..... ........~ ~~ aYOH ~~~ ~~ L~~~~ \ :r ~ ~"'~ ""~ """"".....,~,,~, n r ~'" '\: ~ ~ ~ "'" 0. '" '" "I ~ '" "'= t\. " .................. '" ~~~~~~~ () Z o Ü 4- .- - 4- X :J 0 Q) <..? ¿ ~ ~ W... I- ~ UI ~ "O^, YHVIMV. «I t:: .. ~ ~-~ ... ~ - I f ~ ("'Y:I)II'IOII..........~ ; :: (D ;!: ~ ~ (l1li '0)Il'IOOI :> ~ ~ ovaH 1)1 YO .:110 ;¡'SI w ~ ~ ~~ o C? .......J · 8Ì\~ .LHVS ~ o ~/I I .. ~ ~ is ä , I ~( ... W\>' LS:TÞ:¡¡ SOOl/BT/T '(¡) Ja^OJ '6Mp'31IS~d) \d~3~d) \39an 3Nld·.GV~) lliV~) \56MP\:9 QL - :uvulau.. ~ ~ :.:¡ ~ ~ " / ~ ..., I~ -m ~ a ì of" / ¡I~ 11)1191 ~ " <C 1i) : ~,------- : .. hl~ '" iii! - Gardner Dr I I Vatderbill Belich Rd \ \ 'Eleulbera Way' I' . Oleander Gale Dr I +-Oakes Blvd ....pril Sound Dr J ' Citrus Lake. Dr I Citi'us Hill Ln +-~e I~lè CI Benicia a I San Pal'lo I ' Chert}· Wood Dr ¡ -<>-Ahoy Ave Donoso CI I Vintage Reserve Circle I Hickorv Wood Dr ! . Orange Blossom Dr i V¡ÍlaRe ""'alk Citcle ! Daniels Rd I EI Camino Real I -~ Arhor Blvd W Lone Oak Blv-d I Hex Circle I Ridge Fanns Rd I Teak Wood Dr ! Hunteß Rd I Reserve Circle I Bellerive Ave ! -- Airpot1 PuUi~g Rd S Sable Ridge Ln I ¡Perignon PI ! Mahogany Ridge Dr Sonoma CI ! J Silverado Dr I ........fountainview Circle Pine Run Rd I \fintage Citclc I ~ionterC}' Dr ! Palmetto Woods Dr I ....... Sliver Oaks Dr -Sununerwind Dr Bottfebrush Ln I Tùscany Way ¡ Vineyards Blvd I Foúrl1ain Dr ¡ Tamarind Ridge Dr I Cougar Dr ¡ +-Livingslon Rd S 'Spring Lake Circle . I . Sycamore Dr ! ->-Grand Cypress ciïrcle 8961 Sanon Collier High School . Community ~I 01 Naples Qi ~dearth -Kensington High ~ ¡ I I 10th Ave SW I , +--Lawson .....Bald Eagle Dr --Livingston . 12th Ave SW J Ti~berwaod CirC/fudas PI . ! Gardens Blvd, I ' Nirt Hawk Dr 14th A'"e SW I Ganvrnede CI . Eatenwood Ln I +-Wlùppoorwill Ln Green Blvd ! HirCt Dover CI I -~ WhisUeß Green Circle 17th Ave SW ! +-Misly Pines Circle -- AJberton a Via Napoli I Wrdemere ay Cedar Tree Ln "'-Olympic Dr Indigobush Wa)" -Thistle PI ¡ Edremere Way S +- R meade Ln Weslport Ln ¡ 191h CI SW Hunler Blvd I Indian Pipe Wav I . Twinflower Ln ¡ -+ gemere Way W Sea Grus Ln ! -Grey Oaks Blvd W (i¡lendevon Dr I :Und PI SW I S Star Grass Ln I Site Location Map ~ 3500 Corporate Plaza Vicinity Map Boylan ~_ Environmental ~~ Consultants. Inc. ~ r.,1onci ... r~ oS'urw ¡., RNG 26 E lmpao' A............,. REVISIONS 2 21 05 11000 Metro Parkway, Suite 4, Ft. Myers, 339 2 (941 )418-{)67 1 JOB # 0000 S AlE "= FLC DRAWN BYKS DATE 4-24-03 321 411 8 411 110 FLUCCS LEGEND 212 Unimproved Pasture 321 Palmetto Prairie 411 Pine Flatwoods 500 Other Surface Waters(Ag Swales) 624 Pine-Cypress-Cabbage Pam 625 Hydric Pine Flatwoods 3500 Corporate Plaza Extended FLUCCS 411 814 500 212 500 140 ')1 no:: 212 500 411 500 ADDITIONAL FLUCCS (200FT) 110 Residential 140 Commercial and Services 212 Unimproved Pasture 411 Pine Flatwoods 500 Other Surface Waters(Ag Swales) 814 Roads Boylan ~ Environmental ,~~ Consultants. Inc:~i?::~ W'riland a W'ilcUV. ~ ~ . hnpacf A....ønmt. J lOon Metrn Pnrltwnv SlI;lp 4 P, U",...rC' ~10 ., lOA' III Ifl n¡;'71 ADDITIONAL FLUCCS (200FT) -~-~~--~._..__._~_.._-_._"-~--_._.__._----~_.._--------~-- FLUCCS LEGEND 110 Residential 140 Commercial and Services 212 Unimproved Pasture 411 Pine Flatwoocis 500 Other Surface Waters(Ag Swales) (314 Roads 212 Unimproved Pasture 321 Palmetto Prairie 411 Pine Flatwoods 500 Other Surface Waters(Ag Swales) 624 Pine-Cypress-Cabbage Pam 625 Hydric Pine Flatwoods JOB # 00000 E 1"=25 ' L FLUC DRAWN BYKS DATE 4-24-03 3500 Corporate Plaza Extended FLUCCS Boylan ~ Environmental ,~~ Consultants. Inc~~;-~ r.ßønd I: r~~ SunI..,., J'n1Monmmt . l"""""t A...""""," ').. nil: l/onnM"tmPnrlrwnv S,,¡tpd p, A.,{"pr<;, ??OI? fOA11"'R,ßI\7' .....t>.. ......,_...,,,.- PINE RIDGE ROAD (CR 896) 212 321 212 ~_._~ 411 FLUCCS LEGEND 212 Unimproved Pasture 321 Palmetto Prairie 411 Pille Flatwoods 500 Other Surface Waters(Ag Swales) 624 Pine-Cypress-Cabbage Pam 625 Hydric Pine Flatwoods 3500 Corporate Plaza FLUCCS Map 500 BOYlan ~_ Environmental ~~ ~nsultants, Inc.Ž:~ ".,Iand I: ..~. ~ J'twir"""'"" , JrnIpfJDt Á~ nr;, 11000 Metro Parkwnv Suill'd Pf Mvprt ~:¡Q ? (Od} IdlRJlI\71 · " "UTIIII J U. ;: ::<:,;~·:~::;¡:'·:.;:~~~~'~ifl:it:,·,·i¡t~i;f)a¡ii~i:,~~~':~ ;1;r:JE~?i~~"j;I].1r~· FLUCCS LEGEND 212 Unimproved Pasture 321 Palmetto Prairie 411 Pine Flatwoods 500 Other Surface Waters(Ag Swales) 624 Pine-Cypress-Cabbage Pam 625 Hydric Pine Flatwoods JOB# 00 0 SCALE 1"= F l FlUC S DRAWN BY KS DATE 4-24-03 3500 Corporate Plaza FLUCCS Map BOYlan ~ Environmental ,~~ Consultants. ;;;-nc~"~ ...,10014 " ~ S'uirwp. If ¡ . Impact .us..am.ems 21 05 //000 Metro Parkway, Suite 4, Ft. Myers, 339/2 (94/)4/8.()671 ,.,__,....,o...,~_~"·",.."..-~^~,,..""'_______~" JOB # 0000 CALE 1"= L TOPO DRA\IVN BYKS DATE 11-3-04 ~t "'"+ if+ ~ +ir" \, \ '\, ",....:1(.0 V '- +~.. ++ ,..." ~. '\..~. ~ V : "'" -..~ ","if,*..", 1> t -.. \.+ ~.. \. ~"" + t._.. ~'t+"'" +". +..... '- ~ r" + \--.. ......". ~JI... ~o 1'.>~# 212 \.++ ... '<.,. + *' "¢. *\. -.. "'" ~.. + ....:'1.: (~t'\ "" +~ 'If, "'- ~ ~+ ~++ +'(,. , '- '" ,,=~===-== 'r, 321 212 '~., ,;~ + + +~+ +" -y .. __ "'" "I.. ~ ',< "",' 500 'or '0 _""" ...~" ~ --Å ----f-c-:=d_-=-- f·· .., '-10 ~ ~ + "+ \; '1/:.. + +" +~"D "'"-ø. ~b +~.I' 411 + +J{" + "'.... ~+ '1/:.. ..... '(,0 ~o 1I~ "- 11. +~. '1'... +" <, +~ " ...... +" +'(,0 "- " t " ~ "'.. \. +~.. " "'. + ++ ~ "'. FLUCCS LEGEND 212 Unimproved Pasture 321 Palmetto Prairie 411 PÎne Flatwoods 500 Other Surface Waters(Ag Swales) 624 Pine-Cypress-Cabbage Pam 625 Hydric Pine Flatwoods 3500 Corporate Plaza Topographic Map '< - +-... f"""t. ~'- BOYlan ~_ Environmental ~~ ~nsultants. Inc.~~ r.Ucmd .t I'~. SunlIlllIO, J'n..von-' ft( , Impact A......1OfMfttIO llOOO Metro Parkway, Suite 4, Ft, Myers, 33912 (941)418-067 JOB # 000 SCALE "= 1 SOILS DRAWN BYVMH DATE 04-11-03 3 ~ NRCS SOIL SURVEY 16 Code Soil Series Hydric* 3 Malabar f.s. Yes (N, L) 16 Oldsmar Sand No *According to the Hydric Soils of Florida (1995) 3500 Corporate Plaza Soils Map IER Boylan ~_ Environmental ~~ Consultants.~nc. ~ w.tlø.nd 1& w~. S'ImI"If'I, .In ttú1ø. l"'flllDI A.uusmenfa 11000 Metro Parkwav. Suite 4, FI, Mvers, ,B9/2 194/14/R.fJf.71 , z , ~ -4 4- '+'\ .-:4 ~ .. . I ~ i ¡.IIII ..~II I i lill Ii I S ~ II A; I III b ~ ;1 ca.: 1..:1 ¡¡ . II I. 1'1.. . .,111 1-. 1:lt1i I ~I~ I!:,~ti II III!~ I!S 11i~'1 II d- III i ~ ~ III II '''+ Ia!)QI~ 3;Ntd- U~) \U.,.~) \s6Mp\:9 HV 1>+:0£:11 c;OOr/81/1 '(r) O~ 'fiMp'WS'lid)l\d'li3Hd>l i I· «:I eGO 0 0 00 0 ~~I~ D!! D D po. «:I e 0 D 0 ;ap~~,~~. ~~~~~~~P~~~w~~~P~ :Cdddddddddddddddd~ddddd i~DD D~ Rt~~D~ID~~D DD~IR . G~G~~eGGG....OOGDaGG.. M p~r;p_~~p~P"N""~p"p~p~~ i .. lill: it:IUI!!!IUI'!!IIIIii!!U!U!!~ ruuuuuuuuuuuuuuuuuuuuu~ =~~~~I~~~~I~~~~~I~I~~~~ ¡!S5SS!!!=!!~~S!!I=!!5! I r I ¡¡¡¡¡¡~¡~~~~~,~,~~~~~~ ~uuuuuuuuuuuuuuuuuuuuu~ ¡~~~~~=~~~~~~=~~~~~~I~~ ~81~~~~I.lg.I~~~8SRIZ~1 Ig~¡~~~~~~~·-~~~~-ii~~~ ~ ~IIltltJ~' O-N~.G....e_Dp.ft E ¡¡¡.68¡Ji¡~¡¡l¡¡-I¡¡¡¡ "._~,,~,.__ ..... . Ii era I §~ 0 0 ~ 0 $! 5! 5! $! ~ ~ 5! ¡ 5! ! a ãl,! 0 ø ! Ci a - ... d 0 d d d d d d d d it D ~ ~ D ~ ~ D ~ D D t D ~ t ~ Q t D Q D D I 10 ID ... G ID to I' .. it ~ ItC R JiI 0 51 0 . 10 1ft 1D ." ." - - - - - - - - ... .. ... - - ... ... R Ä RA~Iñr¡¡R R . Iii It A I II liCit:: -:~ ... - ... ..- ... u u uuuuuu uu,u u uuo u uuuuu ct~ I ~ ~ ! ! ! ! !~! ! ! ! 1- - - -- -r-.-- --- - --- ... -....- -I- I! I 2 !lte8!R .,- ~ A'H~ ;; S~!~ d -' ... . aI. d. . ... I' ... . ~ R ~ lIS ~ III IQ iii fi5 R::I Z 11111 f;) N , X :¡ ~ X '" ." 8 8 8 8 8 8 8 88 88 , I 8 î It I ~ uu u u U u u u uu Q uu U U uu u 0 u u u II ! :R !! :R I :R I ~~~~ ! 5 ~ ~ =~~ ! ! ! I iii d .s cS ~ - - -- - .... - .- - .- .- - I 1= =. I ~ 5 1.11 38 , !S t ~! 8 = J:: r: :&11 aid ~. . . . Gi. . . d .- iii ø. .... - ~ u___ II 88 8Ø B 8 III ~ i Id Ii ¡¡Ii -II 1-11111. 1"111' ~ _I 1!IIII!l11 III II Ii' III I¡~.. 11'1, 'n 'III II II !!II¡II& 1'111" 1111111 II ,. I I Iii I tl II ø ~Jb ~IIII !I ~I I ~~. ~~II r.-------------- . --r --. ..---.. -r- .. --,- ... .. · . . . . . . . . . . . . . . . .' ~~~_1~~~T_._r~ . I . . I . . , 'I ...- t -. '.~ .---. .-.. \.+ '...'..,'.'....,., +.................. \.1 · . I . , . , .. .................... II~ . _. _ L..--....&...-- '_ ~ -.~. .. .. .. .. .. + · . I > ~I' I> . J : lliJ I > , z , :.::.-::.-:.:.: -.:: -.::. - ~.:- - --- ,-"'" -'~"'''~IJ - - ... .... ----.. - - - - - - - - - - ~:;:- ~ - ~ - ~ ..."....--------- - = = =- =- - ---~- - -----.;-;;;; = :=--=~ = ~ = - qYo~~-:?-=??--=~~~~~~~ ------ /':~---------~ - - - - - ---- ~~-----=~~~=-~-=-- --- -- ~, --~~ .. " ~I IN -I ~ ~~~Ð~I lill I ~ ~ 11...,.,.·....:..h _"111 I:,,¡¡ ¡ ! 'I~I glll:.t.'.'.:.!1 ,."1 ~,; c:Þ I I II I ¡P.II I 1119 I I I. II [J "P<IV"'<Ir 1i .v" ~'t'9Z:I[:lì sooz/sln 'W'J.S 'ðMp"3.1lSHd)t~;JWX~!)(]I" ;¡N[d-l:f"'} ) \u~)I\S6M¡:J\:~ .. , - ~ I § ~ I I ~ II ~ ~ I Q; i gO! ~ ..., ~ i~ I ¡- 1:1 ¡I ! hi r' !ì". H þ JI I I III ~R d"ø I ~ ;>- ~~ I~ I I I I i ___1 I> I --- --- ~ ~ «YOII 3ÐŒ/1 :lNU _..""~-'''.- .. ~ ". : II 21 ~ Iii II ~i Ii b N t f I I II I II!II i .sæ II I ~ ¡ ~ ~ q 1 I! I H Ii ~ II i "I I I! I" I f t hilI' · III~ t·· i I h I, it ' J t t f !I',! Ii ¡ II " ,Ii i i !I ì i ¡! ¡ I I i ¡ i! ¡¡Iii I! II!¡ Ii Iii Iii! I fll! I Ii! 'I I! ! i I'·~I! il '!~II II !I' ~ I :J !IJllt II !I I I. lit I f fill' 1i I~ IiI I t 'I ,II ,I il ~ I, « S I t 'II II wlil I! ,II ' I 11 III1 ~ tt IJ I 1111 I =1 i Idf!iJ1} lilÎ .i IÌII 1,111 i'lfWtllf Ii IU, 111'1111111t Ii l,i ., IJ;~ ~i "" 111 I f ~' Ii Illf 11fl I 'I ì1 ~¡i¡¡ Ii ¡Iii il Iii ¡¡i II ¡¡¡I!i !lli¡!1 il!i 11¡!!i!! ¡II fillilil,i!/¡ Ii /11 ill¡!! ¡lilll!!!"i!1 I¡I, l¡i¡illll!l! ii¡lii!l i¡¡: Ii iij 1¡1!'I!ill!!t'ìl!iilll II!i IliiIIIJ,il!i 111!!!~!I!ii!1!: i~'1 f!flfl~liiJ.fi!!jii!i ·1111 !t1IiiÎ!.!I!! ~~i~.I.JI.I~tl.II.1 1.,tfdtfdl...~I.t...,.I.~..f~ .......~.. H !~ I uu II uu ; IU!! III' '" I UII lId H'i ill UII Ilh ;;1; I ll!ii! :1:1;:1 ; UUI IIIi I¡¡~I~ .~M I!~I~ I~d f ~ : I II I ¡ II I (I) , (. I.. ~ 'II I~ 1111+ 1,1 U¡ii H j 'I ~I~! I- I~ n I~ II ~ I~!i "i !<~ ,,~ I: I. 5~il!~!!!~} !I . . .. ! i I ~ ~ ¡ I I ,å ~ II m ~ ~ C i ~ I" ~ ~lllh ii:1 ~ !!: Ii :11 !II ~ø I CÏI' ~ E ¡¡ It II ~ Ii I lilli 3m u~~ . III lull ....hhf f I I II I II!II lii!1 II I ~ ----..--= . .. ..........p~ RID~E RðAD (CR 896) / [~i8 ......_- . + + + 1- + + . . . . . . . . , . . . . , . . , . . , . . . , . . . . WETLAND IMPACTS ID FLUCCS AcreaQe Impacts Wetland 1 624 0.42 ac NONE Wetland 2 625 0.54 ac 0.54 ac ... W~ œ Wetland Preserve = 0.42 ac Wetland Impacts = 0.54 ac BOYlan ~_ Environmental ~~ ~nsultants~Inc. ~ Jr"~6:Ir'iIdlVt~ . /mpao' A-..Þ 1 I(}()() Metro Parkway, Suite 4, Ft, Myers, 339 2 (941)418-0671 3500 Corporate Plaza Wetland Impacts NTY SEC 18 RNG 26 E REVISIONS 2 21 05 PINE RIDGE ROAD (CR 896) ~Z=:cT~:=::z::-:oc.:z:::~=--:_-;r~.:::-z::;:-=---=z:" ]s-~==:c==~:=~= 0.34 WETLAND 1 0.42 WETLAND 2 0.54 ~ ~ ~ Wetlands = 0.96 ac OSW (AG Swales) = 0.23 ac Offsite Wetlands = 0.34 ac WETLAND/OSW ID 10 FLUCCS Description Wetland 1 624 Pine-Cypress Wetland 2 625 Hydric Pine Flatwoods OSW1 500 Ag Ditches Acreaç¡e 0,42 ac 0,54 ac 0.23 ac Boylan ~ Environmental ,~~ Consultants. Inc~þ-~ r.tl<md . r~ SvtnHIf¡a. ............... . hiopaot .uaumwmta 1/000 Melro Parkway, Suite 4, FI, Myers. 33912 (94l)418-Q67J 3500 Corporate Plaza Wetland/OSW ID RNG 26 E REVISIONS 2 21 05 JOB # 0 SCALE 1"= Il PLAN DRAWN BYKS DATE 4-24-03 212 ~----;;-----_.-===-=--======:=:::::====-- 212 500 FLUCCS LEGEND m INDIGENOUS VEGETATION (10.86 ac) 212 Unimproved Pasture 321 Palmetto Prairie 411 Pine Flatwoods 500 Other Surface Waters(Ag Swales) 624 Pine-Cypress-Cabbage Pam 625 Hydric Pine Flatwoods Boylan ~. Environmental ~~ ~~ ~nsultants, Inc.~ r.Uond ... r","~ Surv..,., .I'YotMomnant . Impact .....nmenta 21 05 11000 Me/ro Parkway, Suite 4. Fr, Myer5, 33912 (941 )418.()67/ 3500 Corporate Plaza EXISTING INDIGENOUS VEGETATION --..;:'--..:"'" , .. "PrNt RID(;E RðAD (CR 896) .~ ~ _~r- Îo --.' " .. r JfITfnrrumr~ 'j ~ [Q .,. f + + + + + + + f -f + + + . I . . . . , , , . . . . . , , . . . . , , , , . . . , WETLAND IMPACTS 10 FLUCCS Acreage Impacts Wetland 1 624 0.42 ae NONE Wetland 2 625 0,54 ae 0,54 ac 3500 Corporate Plaza Wetland Impacts cou SEC TWP RNG 26 E REVISlONS 2 ~- ......"" ...... Wfa Wetland Preserve = 0.42 ac ~ Wetland Impacts = 0.54 ac BOYlan ~_ Environmental ~~ ~nsultants. ~nc:'\~ r.ucmd ... riIcU~. 8'urve ¡a. J'mñ ng. hn,pøÞI ......1fn8ftts 21 05 11000 Me/ro Parkway, Suite 4, Ft, Myers, 33912 (941 )418-()671 ,..,~~_....",--.._----,..-,......._.-......_-~"_.~~.--...,_._-~_.'.~-~- 3500 CORPORATE PLAZA SFWMD MITIGATION DISCUSSION The Wetland I in the southwestern area of the site will be preserved in its entirety. As compensation for the 0.54 acres of direct impacts, and the 0.34 acres of secondary impacts to Wetland 2 mitigation credits will be purchased from a mitigation bank that serves this areas. The WRAP data sheet indicates a functional value of 0.65 for the predevelopment condition. Therefore, 0.88 x 0.65 = 0.57. It is proposed that 0.57 credits will be purchased. Onsite Preservation Wetland Preservation 0.42 acres VDland Buffer 0.21 acres ComDensation Preservation 0.43 acres This work includes the exotic removal from existing onsite wetland and upland preserve areas that are less than 75% exotics. The colonization of exotic plants displaces native plants and reduces habitat values, as well as negatively impact aesthetic values. An active exotic removal and maintenance program will ensure the viability, value, and aesthetics of the undeveloped portions of the property. The exotic plant removal and maintenance program will be implemented by, and the responsibility of the owner, or its successor. The purpose and intent of this plan is to ensure that wetland preserves and conservation areas are maintained free of exotic plants in perpetuity. This is achieved by establishing a scheduled program to maintain the site free of exotic plants (as defined by the latest exotic plant list published by the Florida Exotic Pest Plant Council) immediately after maintenance and at other times the exotic and nuisance species will constitute no more than 5 percent oftotal cover. At the end of the 5 years of monitoring program the wetland mitigation areas shall contain an 80% coverage of desirable obligate and facultative wetland species. The 0.42 acre wetland preserve areas, 0.21 acres of buffer and 0.99 acres of upland preserves will be walked and all exotic vegetation shall be killed. These exotic plants will be killed in a manner consistent with current exotic removal practices while ensuring that neighboring plants are left unharmed and the soil left as undisturbed as possible. It is recommended that any use of herbicides be applied by a licensed herbicide applicator. Trees larger than 4" dbh will be treated in place. Smaller saplings will be cut, stumps treated with herbicide, and debris stacked with either the log cabin or teepee methods. Where aesthetics is a concern, it is recommended that all debris be removed from the area. Trees greater than 4" dbh may be injected or sprayed with a herbicide and left standing. The goal is to achieve a 0 percent cover of exotics and nuisance species _.._~._--_.,.-~---~~ 3500 CORPORATE PLAZA Monitoring and Maintenance The objective of the monitoring will be to determine the health of the wetland, upland buffers and upland compensation areas in terms of its vegetation composition. Monitoring will be conducted annually for five years and a report will be prepared and submitted to the SFWMD: · Panoramic Photographs (a monitoring map will be provided for location). · Description of vegetation composition and percent coverage along four transects (a monitoring map will be provided for location). · Percent cover of nuisance and exotic plant species. · Wildlife observations · Water Level Observations at the staff gauge taken monthly. · Rainfall Data will be gathered and summarized as monthly amounts A report summarizing the findings of the data gathered will be prepared. The report will evaluate the success of the mitigation/maintenance effort, activities conducted to date and any remedial activities that are necessary to ensure the success of the mitigation areas. Wetland Monitoring maps detail the locations of vegetation sampling transects and the photopoints. Activity Date Baseline Monitoring December I, 2004 Record Conservation Easements December I, 2004 Complete Exotic Removal February 30, 2005 Time Zero Monitoring March 30, 2005 First Annual Monitoring March 30, 2006 Second Annual Monitoring March 30, 2007 Third Annual Monitoring March 30, 2008 Fourth Annual Monitoring March 30, 2009 Fifth Annual Monitoring March 30, 20 I 0 ~ ~ ~ ( JOB # (J{)(J(J{) SCALE 1 "=200' FILE IPIM DRAWN BY KS DATE 2/21105 PINE RIDGE ROAD (CR 896) ~ ~~m : x /IY ~ 32t'y ^^ "¿H ~l_ ~ /500 ~~ ~)( >V<xxhX?)<~/- \Xx )7 >< ;IV' ./ Y /Y'í / Y x,/~+ )<~ V-2' YXX.r 1<.... - XX 'Y'X0<x x ">'5+ -j X / ^/ X V..¿ys, ^>__-' -- --y~~ x X / Y X X' ¿ ^ - · -- . . -' ." . . .".\ >9< Y>çx /(?< -+ - · -- -- .. ." .. .". V -2' 'X.,.ìI\.41 {)< V)( ~)( I · . . . . . . . x )( '-2'. / Y' '. ····Z y /)(Y)<)< ~ )( / 'y )<; 1 · . . . . . . . )( y __ __ __ .624 .").. )< / Y 'y )()( ~ >Y<4 ·······I/YX 'y Y 'y 2~~>~~% ~~>ç ';( î:: + )(> ,¿ hI + '/'y / I + + ')( + + + " y ~. r Y. "Z. ~/o . ~ . ._ ._. . . . _.--:- :_~~~-~ + + -+ + + + ,'.......'...... + ~ + -+ -+ + +,................ -+ -+ ~ ~ + + ,..,............ 212 212 . ~ EJ···'··· . . . . . . . . . . . . . . . . . . . . . . A _ _ . . . . _ INDIGENOUS IMPACTS - 13,68 Acres INDIGENOUS PRESERVE (Retained) - 1,65 Acres I + + -j !-~- + ~ . ~ .¡ ~ ~ '---'--~ FLUCCS LEGEND 212 Unimproved Pasture 321 Palmetto Prairie 411 Pine Flatwoods 500 Other Surface Waters(Ag Swales) 624 Pine-Cypress-Cabbage Pam 625 Hydric Pine Flatwoods OTHER INDIGENOUS IMPACTS! CREA TlON (Replanted) -1.44 Acres 3500 Corporate Plaza INDIGENOUS PRESERVEl/MPACTS COUNTY Collier SEC 18 TWP 49 S RNG 26 E REVlSlONS B.£YIBn /t' environmental ,~~ ~nsultants.~nc~~ r.Uand It r~ s...wve. 1ft . Impact A-..-t. 1 fOOO Metro Parkway. Suite 4, Ft, Myers, 33912 (239)418-067. 3500 Corporate Plaza Protected Species Survey Collier County Sections 18, Township 49 South, Range 26 East Prepared by: Boylan --:5>, Environme~!-- Consultants, inc. Wetland & Wildlife Survey~onmental Permilling, Impact k.sessmenls II 000 Metro Parkway, Suite 4, Fort Myers, Florida, 33912 Phone:(239) 418-0671 Fax:(239) 418-0672 February 21, 2005 ~ '; I 11' ~ ¡r INTRODUCTION 3500 Corporate Plaza Protected Species Survey Page 2 Environmental scientists from Boylan Environmental Consultants, mc conducted a protected species survey ofthe +/- 17 acre 3500 Corporate Plaza parcel on June 19,2003. The purpose of the investigation was to identify the presence of protected species and their associated habitat. The site is located in portions of Sections 18, Township 49 South, Range 26 East, in Collier County, Florida. The property is located west of the Pine Ridge Road exit ofI-75. METHODOLOGY Where possible, the species survey was conducted using the parallel belt transect survey methodology discussed in the Florida Game and Freshwater Fish Commission publication "Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus) Populations Found on Lands Slated for Large-scale Development in Florida." This method is comprised of a several step process. First, vegetation communities or land-uses on the study area are delineated on an aerial photograph using the Florida Land Use, Cover and Fonns Classification System (FLUCCS). Next, the FLUCCS codes are cross-referenced with a Protected Species List. This species list names the protected species which have a probability of occurring in that particular FLUCCS community. With a list of the potential listed plants and animals, each FLUCCS community is searched in the field for these species. An intensive pedestrian survey is conducted using meandering & belt transects and lOx 50 binoculars as a means of searching for plants and animals. In addition, periodic "stop-look-listen" and quiet stalking methods are conducted for animals. Signs or sightings of these species are then recorded. For this survey, particular attention was paid to the presence or absence of Big Cypress Fox Squirrels, RCW cavity trees, and Gopher Tortoises and their accompanying burrows. Site Conditions The temperature ranged from the upper 80's to the mid 90's during the field investigation. Cloud cover varied from full sun to partly cloudy. The survey time was from 1 :00 p.m. to 5:00 p.m., with approximately 4 man-hours logged on the property during the species survey. The surrounding landscapes include: East - Whipporwill Road West - Good Earth Drive North - Pine Ridge Road South - Developed Office Buildings Listed below are the FLUCCS communities identified on the site. The following community descriptions correspond to the mappings on the attached FLUCCS map. See Florida Land Use, Cover and Fonns Classification System (Department of Transportation 1985) for definitions. X:\BEC\O-P Projects\Pine Ridge Center\EIS\Revisions\PSS,doc """"''''--- 3500 Corporate Plaza Protected Species Survey Page 3 212 Unimproved Pasture The canopy is sparse in this community but some scattered cabbage palms and pines were present. Bahia grass dominated the ground cover. Other vegetation found in this community includes wax myrtle, grapevine, black root, Broomsedge, poison ivy, dog fennel, and Brazilian pepper. This area also consists of upland soils, and no signs of hydrology were present. 321 Palmetto Prairie This upland forested community is dominated by Florida Slash pine found in the canopy, with some scattered melaleuca.. Midstory and groundcover is predominantly saw palmetto. Other vegetation present includes wax myrtle, pennyroyal, grapevine, downy rose myrtle, wire grass, hat pins, broom sedge, poison ivy, rusty lyonia, chalky blue stem, and black root. This area consists of upland soils, and no signs of hydrology were present. 411 Pine Flatwoods This upland forested community is dominated by Florida Slash pine found in the canopy, with some scattered melaleuca.. Midstory and groundcover is predominantly saw palmetto. Other vegetation present includes wax myrtle, pennyroyal, grapevine, downy rose myrtle, wire grass, hat pins, broom sedge, poison ivy, rusty lyonia, chalky blue stem, and black root. This area consists of upland soils, and no signs of hydrology were present. 624 Pine-Cypress-Cabbage Palm This community includes Cypress, Slash Pine, and Cabbage Palm in the canopy. Various Midstory vegetation includes ear-leaf acacia, melaleuca, Brazilian pepper, Downy Rose Myrtle dahoon holly and saw palmetto. Other vegetation observed in this community includes yellow-eyed grass, smilax, grapevine, stink weed, poison ivy, blue maidencane, nut sedge, hat pins, and swamp fern. Although typically a transitional community, this area is also underlain by hydric soils and is dominated by wetland vegetation. 625 Hydric Pine Flatwoods This community is composed of primarily grassy herbaceous vegetation on wet soils. Vegetation found in this community includes yellow eyed grass, hat pins, and St. John's Wort. Other scattered vegetation includes cypress, pine, and melaleuca. Hydrology was present in the fonn of algal matting and advantageous rooting were present on the base of the melaleuca. Although this area is not X:\BEC\O-P Projects\Pine Ridge Center\EIS\Revisions\PSS,doc 3500 Corporate Plaza Protected Species Survey Page 4 mapped as having hydric soils, the site inspection showed hydric properties in this area of the soils. SDecies Presence The various listed species which may occur in the FLUCCS communities have been tabulated on the attached Table I. See attached drawing entitled "3500 CQrporate Plaza-Protected Species Survey" for specific locations of field survey results. During our survey for protected species on the property, we did not observe any protected species or signs thereof. No nest-like structures or tree cavaties were noted. No tortoise burrows were identified. Burrows belonging to other animals such as annadillos and/or skunks, were observed on the premises. However, there was no evidence that these burrows were being used by gopher tortoises. DISCUSSION Due to the fÌagmented and isolated nature of the forested portions of the property, it appears unlikely that fox squirrels would utilize this area. In addition, due to the lack of corridors or contiguous habitat of the property with off-site areas, it is not anticipated that other listed species would occupy the property. The nearby roads also create a hazard and a barrier to other animals as well. The following is a listing of other wildlife sightings on or near the property: Birds Black Vulture Mockin Bird Cardinal Mournin Doves Blue Jay Mammals I Gray Squirrel X:\BEC\O-P Projects\Pine Ridge Center\EIS\Revisions\PSS.doc 3500 Corporate Plaza Protected Species Survey Page 5 Table 1. Protected species list according to FLUCCS category with corresponding field survey results. FLUCCS Potential Listed Species % Covera2e Present Absent Density Visibility (ft) 212 Florida Panther 95 X 100+ Unimproved Pasture Florida Sandhill Crane 95 X 20 321 Audubon's Crested Caracara 90 X 20 Beautiful Pawpaw 90 X 20 Burrowing Owl 90 X 20 Curtis Milkweed 90 X 20 Fakahatchee Burmannia 90 X 20 Florida Black Bear 90 X 20 Florida Coontie 90 X 20 Florida Sandhill Crane 90 X 20 Gopher Frog 90 X 20 Gopher Tortoise 90 X 20 Indigo Snake 90 X 20 Southeastern American Kestrel 90 X 20 411 & 411H Beautiful Pawpaw 90 X 20 Big Cypress Fox Squirrel 90 X 20 Eastern Indigo Snake 90 X 20 Fakahatchee Burmannia 90 X 20 Florida Black Bear 90 X 20 Florida Coontie 90 X 20 Florida Panther 90 X 20 Gopher Frog 90 X 20 Gopher Tortoise 90 X 20 Red-Cockaded Woodpecker 90 X 20 Satinleaf 90 X 20 Southeastern American Kestrel 90 X 20 Twisted Air Plant 90 X 20 FLUCCS Potential Listed Species % Coverage Present Absent Density Visibility (ft) 500 American Alligator 95 X 20 Everglades Mink 95 X 20 Limpkin 95 X 20 Little Blue Heron 95 X 20 Reddish Egret 95 X 20 Roseate Spoonbill 95 X 20 Snowy Egret 95 X 20 Tricolored Heron 95 X 20 624 American Alligator 90 X 20 Everglades Mink 90 X 20 Florida Black Bear 90 X 20 Florida Panther 90 X 20 Gopher Frog 90 X 20 Little Blue Heron 90 X 20 Snowy Egret 90 X 20 X:\BEC\O-P Projects\Pine Ridge Center\EIS\Revisions\PSS,doc .__.,_.~,__."".. .. r' ......"" Tricolored Heron Wood Stork 90 90 3500 Corporate Plaza Protected Species Survey Page 6 20 20 X:\BEC\O-P Projects\Pine Ridge Center\EIS\Revisions\PSS,doc PINE RIDGE ROAD (CR 896) r--.. r '-- - 32-:1 __ r --....... ( : c = = = = = ;1; = = = =-- - - - --, -- - - - - - - - - - - - ~ r - L _ _ _ _ _ _ _ _ _ _ - - - - - - - - - - - - - - ~ -.-- - ----. ç- ~ ~ ~ ~ ~ ~ ~------------ ~ \.. - - - - - - Z1 Z - - - - - / '=- ---=- : : ~ ~ ~ ~ ~ ~ ~ ~ ~ - - - -- .------ '-..J ~ ~, .-.1 ------ ------- L _ _ __ _ _ _ _ _ _ __ _ _ _ '- - -~ L _ _ 7 ~ --' 7..- > I ./ ---./ /' --------'" / '- ___ ___ -__ ..J - "'-- ~ I r--~ '---......------- /""1 ," ¡( ___~ --.... ~J -' '-- - - ---- r -, I _____.J I ) J---------./.---- /' ----.. ~ --- '------ -J ----- - - - - FLUCCS LEGEND ------- TRANSECTS 212 Unimproved Pasture 321 Palmetto Prairie 411 Pine Flatwoods 500 Other Surface Waters(Ag Swales) 624 Pine-Cypress-Cabbage Pam 625 Hydric Pine Flatwoods 3500 Corporate Plaza PSS Transect Map BOYlan ~_ Environmental ~~ ~nsultants~Inc. ~ Jrdlœld It: Jr~ Surve ¡., . Impcwt A_arnenú ¡¡nnn M,./rn Pnrlru,,,,, r;;;"itnA v, AI..~.... ~;Jn''} Inllflll'O "~'T. · , ~ ' /: "', .', , ,. 'II .In ~ ;,"." ,.",,,,,, :.," blt.ie· d't"'riS' ~ ÂAC' ~D 1!iâti:\;' . , ;"~~".;~:~ ",\~~:~,'~,:'''' ,(!!t,ilil.Wl'o, "IJ,~, , ,,:,{!)-~Q!.l""~~J~,tl_,:. .fI;' . '('\i¡Ù!:¡h,.,;~"."oc;,~L. FLUCCS LEGEND ------- TRANSECTS 212 Unimproved Pasture 321 Palmetto Prairie 411 Pine Flatwoods 500 Other Surface Waters(Ag Swales) 624 Pine-Cypress-Cabbage Pam 625 Hydric Pine Flatwoods 3500 Corporate Plaza PSS Transect Map Boylan ~_ Environmental ~~ ~nsultants, Inc. ~ IP'nlaM" IP'~. ~. tHtIø. IfIIINIC' A~ ? 1 o.o:ó IlOOO Metro Parkway. Suite 4, Ft, Mvers. 339 2 (9411418-0671 SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOWER WEST CoAST REGIONAL SERVICE CENTER 2301 McGregor Boulevard, Fort Myers, FL 33901 (239) 338-2929 . FL WATS 1-800-248-1201 . Suncom 748-2929 . Fax (239) 338-2936 . www,sfwmd,gov/org/exo/ftmyers/ July 11, 2003 Ms. Kimberly Schlachta Boylan Environmental Consultants, Inc. 11000 Metro Parkway, Suite 4 Ft. Myers, Florida 33912 Subject: Pine Ridge Center; Informal Jurisdictional Wetland Inspection; Collier County, S-18 / T-49-S / R-26-E Dear Ms. Schlachta: The District offers the following in response to your request for a detennination of the jurisdictional wetland boundaries and other surface waters located within the subject property. Craig Schmittler, PWS, Senior Environmental Analyst, of the Natural Resource Management Division, conducted a site inspection on June 6,2003. The project boundaries shown on the attached aelial identify the approximate limits of the property inspected. Based on the information provided and the results of the site inspection, the jurisdictional wetlands, as defined in Chapter 62-340 FA.e., within the limits of the subject property, are hatched in red on the attached aerial exhibits. This correspondence is an informal pre-application jurisdictional detennination pursuant to Section 373.421(6) and F.A.C. 62-312.040(7). It does not bind the District, its agents or employees, nor does it convey any legal rights, expressed or implied. Persons obtaining this informal pre-application jurisdictional detelmination are not entitled to rely upon it for purposes of compliance with provision of law or District rules. A binding jmisdictional determination may be obtained by submitting an application to the South Flolida Water Management District Ft. Myers office for a fOlmal determination pursuant to Chapter 40E-4.042 FA.e. or by applying for a permit. Gor'EI?NlVG' BOART' EXECUTlVE OFFICE Nicolás ). Gutièrrez, Jr., Esq.. 011111 Pamela Brooks-Thomas. ¡'¡",-Omll Irela M, Bagué ]\,1ichael Collins f ¡ugh M. English Lcnnart E. Lindahl, PE KevlI1 McCarlv Harklev R Thornton Trutjj K Williams. FE Hcnry Dean, Eu,("It/j¡'t' Oirt.'(lOl DISTRICT lIDJDQU-JRTERS' 3301 Gun Club Road, PO, Box 24680, West Palm Beach. Fl. 33416-4680 . (561) 686-8800 . FL \-\1 A TS 1-800-432-2045 Pine Ridge Center Page 2 A file has been set up with pre-application materials at the Ft. Myers Service Center office. If you have any further questions please contact Craig SchmittIer at (941) 338- 2929 .7739. CP/cds - Attachment (Memo, Location Map, and Aerials) c: USACOE - Ft. Myers wI memo, location map, and aerial DEP- wI memo, location map TO: File ê Jj).. Craig D. S~hmittler, PWS, Senior Environmental Analyst FROM: THROUGH: RossMorton, PWS, Senior Supervising Environmental Professional DATE: July 6,2003 SUBJECT: Pine Ridge Center; Informal Wetland Jurisdictional Inspection; Collier County, S-6/ T-45-S / R-25-E A site inspection was conducted on the above referenced property on June 6,2003. The property inspected encompassed approximately 8.73 acres and is located south of Pine Ridge Road and east of Goodearth Drive. Property to the south is being developed commercially. Adjacent parcels to the west and east are undeveloped except for 1 single-family home to the west. Pine Ridge Road forms the northern property boundary. The northern 1/3 of the site is highly disturbed and was previously farmed. The remainder of the site is undisturbed pine flatwoods. The jurisdictional wetlands, as defined by Chapter 62-340 F.A.C., within the limits of the property inspected are hatched in red on the attached aerial exhibit. Two small wetlands are present. The western system is a mixture of cypress, slash pine and melaleuca. The eastern wetland is a hydric slash pine flatwoods invaded by melaleuca. Neither system exhibits strong signs of hydrology, but water lines, adventitious rooting and algal matting were present throughout the wetlands. The northern end of the property is fallow agricultural land. Wax myrtle and Brazilian pepper are present throughout the old fields. The remainder of the site is dominated by slash pine with scattered saw palmetto understory. Brazilian pepper and melaleuca are present on much of the property. There were no listed species observed during this inspection, " . ". . .. .. ... ... '·;¡';l;~,·--1'~~r;:",r"f-"'~~Ø~~_,_·:¡i.k-; ~ SOUTH 212 Unimproved Pasture 321 Palmetto Prairie 411 Pine Flatwoods 411 H Hydric Pine Flatwoods 500 AG SWALES 624 Pine-Cypress-Cabbage 7-/ J-tl3 DATE OB # 000 'CALE = 'ILE FLUCCS JRAWN BYKS )ATE 4-24-03 Pine Ridge Center FLUCCS Map COUNTY SEC 1 B TWP RNC 26 E REVISIONS Boylan -¡c.. Environmental ,~~- Consultants. Inc'~if:~ lI'.t/Gnd .J: 1I'1ldli.f0 8""",o¡¡o. Envl.ron~cù/ tin /mpcr.ct ..b,u::mwnl. 11000 Met/'<l Park",a\', S/llfe~. Fr M\'erJ, JJ9 2 (9~/ 1418-06 aim FISH AND WILDLIFE SERVICE South Florida Ecological Services Office 1339 20th Street Vero Beach, Florida 32960 u.s. nSH .. WII.DLlF.; SERVICE ~ \ .! :\~;" ~(''.f" 1·...·1·UI'·I'lIt-.'· United States Department of the Interior July 2, 2003 Kimberly Schlachta Boylan Environmental Consultants 11000 Metro Parkway, Suite 4 Fort Myers, Florida 33912 Service Log No.: Date: Applicant: County: 4-1-03-TA-2801 June 23, 2003 Pine Ridge Center Collier Dear Ms. Schlachta: Thank you for your letter dated June 23, 2003, in which you requested the Fish and Wildlife Service's (Service) assistance in determining iflisted species occur on or near your project location. This letter provides technical assistance on your project called Pine Ridge Center, located in Section 18, Township 49 South, Range 26 East, Naples, Collier County, Florida. PROJECT DESCRlPTION The project is bounded on the north by Pine Ridge Road, and on the east and west by development and undeveloped land, and on the south by residential development. THREATENED AND ENDANGERED SPECIES The Service has reviewed our Geographic Information Systems (GIS) database for recorded locations of federally listed threatened and endangered species on or adjacent to your property. The GIS database is a compilation of data received from several sources. No federally listed species were identified on your project site. However, listed species may be present in suitable ecological communities even if no known locations are recorded in our GIS database. The Service has not conducted a site inspection. We assume that listed species occur in suitable ecological communities and recommend site surveys to determine the presence or absence of listed species. Ecological communities suitable for listed species can be found in the species accounts in the South Florida Multi-Species Recovery Plan (1999). This document is available on the internet at http://verobeachfws.gov/Programs/Recovery/esvb-recovery.html. We have also provided for your consideration two computer links: Kimberly Schlachta July 2, 2003 Page 2 (1) http://verobeachfws.gov/Programs/Permits/Section7.html.This is a table of species by county that are protected as either threatened or endangered under the Endangered Species Act of 1973, as amended (87 Stat. 884; 16 U.S.C. 1531 et seq.) for counties in south Florida. Because this matrix does not include State listed species, contact the Florida Fish and Wildlife Conservation Commission at 941-575-5765 to identify those species potentially present in the vicinity; and (2) http://migratorybirdsfws.gov/.This list represents species the Service is required to protect and conserve under other authorities, such as the Fish and Wildlife Coordination Act of 1958, as amended (48 Stat. 401; 16 D.S.C. 661 et seq.) and the Migratory Bird Treaty Act (40 Stat. 755; 16 D.S.C. 701 et seq.). A variety of habitats in Collier County occasionally provide resting, feeding, and nesting sites for a variety of migratory bird species. As a public trust resource, migratory birds must be taken into consideration during project planning and design. Thank you for the opportunity to comment and for your cooperation and effort in protecting Florida's natural resources. If you have any questions, please contact Dusty Perkins at 239-353-2814. Sincerely yours, A~P.w~~ Linda S. Ferrell Assistant Field Supervisor South Florida Ecological Services Office ,-..,".>-- : "'... JUL-12-2004 10: 17 P.02 ,,,,,111;1 "i~';, '-~.. '.!,#,; ".,. ,n ,~ .. '...' ,-\ T/" ~\ ~, '''.'X, ,- ....~ \', 'I"' ..J ~" ~ :'-t'."~' ...."; ';,) '--4j~""- FLORIDA DBPARTMENT OF STATE Glenda E. Hood Secretary of State DIVISION OF HISTORICAL RESOURCES July 12,2004 Kimberly Schlachta Boylan Environmental Consultants, Ine, 11000 Metro Parkway, Suite 4 Ft. Meyers, FL Fax: 239-418-0672 Dear Ms, Schlachœ, In response [0 your inquiry of July 9, 2004, the Florida Master Site File lists no previously recorded cultural resources in the following parcel: T49N,ß26E,Seetioa18 Ia interpreting the results of our search, please rePlember the roDowing points: . Areas which have not been completely surveyed, such as yours, m.ay coatain uDreeorded ardlaeoloaical sites or historical structures. · While many of our records relate to historieally significant properties, the entry of an archaeological site or an historical structure on the Florida Master Site File does not necessarily mean that the strudure is sipificant. · SiDce vandalism is common at Florida sites, we ask that you limit the distributiott of location information on archaeological sites. . As you Dlay know, federal and state laws require formal environmental review for some projects. Record searches by the staff of the Florida Master Site File do not constitute such a review. If your project falls under these la'Ws, you should contact the Compliance Re1"iew Section of the Bureau of Historic Preservation at 850-245-6333 or at this address. If you have any funher questions concerning the Florida Master Site File, please contact us as below. a Shive eologicaJ Data Analyst, Florida Master Site File Division of Historical Resources Web: hlrp://www.dos.stale.fl.usldhrlmsf/ Phone:850-245·6440 Pax:8So-245-6439 State SunCom: 205-6440 EmalJ: fmsfile@ dOJ.state.fl.14$ 500 S. Bronough Street . Tallabassee, FL 32399-OZ50 . http~lIwww.flheritage.com LI Di~tar'. Office LI Archaeolopcù Relelft:]l C HUtorlc pretervatiGI\ t:I Hiatorlcll M\I'l!wnJ (850) 245-6300 · FAX: 245-9435 (850) 2.45-6444 · FAX: 245-606 (850) 24~ . FAX: 245-6437 (8S0) 245~ . FAX~ 24S-64.33 C Palm Beach llegiotW. Office C St. Aquline R.egi01lal Office C TIIn1pa Regional Of(icE (561) 279-1475 . FAX: 279-1476 (904) 825-5045 . FAX: 825-5044 (813) 2.120-3&0 · FAX: 272-2340 TOTRL P.02 Boylan --5;' Environme~~ Consultants, 'inc. Wetland & Wildlife Survey~onmental Permitting, Impact kessments 11000 Metro Parkway, Suite 4, Fort Myers, Florida, 3~,912 Phone:(239) 418-0671 Fax:(239) 418-0672 RAE ANN BOYLAN President Boylan Environmental Consultants, Inc. AREA OF EXPERTISE Environmental engineering and science, wetlands and estuarine eeology, vegetation and habitat mapping, environmental impact assessment, environmental restoration and rnitigation, hydrology, land use planning, expert testimony, and permitting. EDUCATION Stetson Cniversity, B.S., Magna Cum Laude, Biologicd Sciences, 1979. University of Florida, M.S., Environmental Engineering Science, 1982. Research Assistant, University of Florida, 1980-1982. PROFESSIONAL AFFILIATIONS National Association of Environmental Professionals Florida Association of Environmental Professionals Florida Wildlife Federation CURRENT RESPONSIBILITIES As president of Boylan Environmental Consultants, Inc" Ms. Boylan is responsible for all management facets of the flnn and supervision of all technical staff. The projects Ms. Boylan manages require extensive knowledge in vegetation mapping, wetland management techniques, endanger~d species habitat requirements, and environmental permitting and mitigation design. RELEV ANT EXPERIENCE Ms, Boylan has acquired significant experience in environmental engineering and science over a 20 year period in South Florida, with emphasis on environmental permitting and land use planning. Prior to starting Boylan Environmental Consultants, she was Vi.;;e President, in charge of the Environmental Sciences Division, of Lee County Engineering, Inc. This jivision produced all environmental impact assessments, wetland restoration and mitigation programs, environmental permitting and audits as needed by the fum, along with subcontractual work to others. Ms. Boylan held highly responsible positions in environmental permitting, planning, and enforcement with the Florida Department of Environmental Regulation and the Soutb. Florida Wa.ter Management District, prior to joining LCE!. As Senior Environmental Analyst with SFWMD in Fort Myers, Ms. Boylan supervised the District's environmental reviews throughout Southwest Florida, including Developments of Regional Impact, Comprehensive Plans, Save Our Rivers, and numerous special projects. In this position, she coordinated the District's activities with those of local, state, and federal agencies. Previous experience with the Department of Environmental Regulation included consultation and testimony in litigious proceedings as a qualified expert witness in wetland determinations. KIMBERLYSCHLACHTA Environmental Scientist Boylan Environmental Consultants, Inc. AREA OF EXPERTISE Environmental science applications involved in completing environmental assessments, delineating jurisdictional wetlands with State and Federal Agencies, performing wildlife surveys, species management plans, wetlands monitoring and permit compliance, vegetation and habitat mapping, utilizing GIS/GPS, and environmental permitting, EDUCATION Auburn University, B.S. Environmental Science, College of Engineering, 1997 PROFESSIONAL AFFILIATIONS Florida Association of Environmental Professionals Florida Association of Soil Scientists CURRENT RESPONSIBILITIES Ms. Schlachta conducts extensive fieldwork, in Southwest Florida and subsequently produces the following types of reports/surveys: protected species surveys, wetland surveys (feasibility \ environmental land use planning), wetlands monitoring, and wildlife monitoring. In addition, she is involved with wildlife and wetlands permitting with State and Federal regulatory agencies along with permit compliance. RELEVANT EXPERIENCE Ms. Schlachta has acquired substantial environmental experience conducting fieldwork and producing reports and applications for wetlalld and wildlife surveys, wetlands monitoring, species management plans, environmental land use planning and development, and environmental permitting. A native of Southwest Florida, she also has over six years of full time experience in Lee, Collier, Charlotte, Glades, and Hendry counties, working with Boylan Environmental Consultants. In the process, she has worked with a wide range of engineers, planners, developers and agencies. She has conducted land assessments and wetland determinations with regulatory agencies. Ms. Schlachta also performs protected species surveys that include Local and Federally listed species such as the Gopher Tortoise, Big Cypress Fox Squirrel, Florida Scrub Jay, the Red-Cockaded Woodpecker, and Bald Eagle. She has also spent time at Cecil Webb Wildlife Refuge to study and learn the sounds and flight patterns of the Red-cockaded woodpecker. Before joining Boylan Environmental Consultants, she worked with entomologists at the University of Florida to reestablish and monitor the population of the endangered Schaus Swallowtail Butterfly in the Florida Keys. Locally, she has worked at the Nature Center helping to educate others on local environmental issues. She has also worked in Costa Rica with the CCC (Caribbean Conservation Commission) monitoring and tagging nesting sea turtle. Management practices of the endangered Giant Tortoise were also studied while at the Charles Darwin Research Station in the Galapagos Islands, Ecuador. "'-'__"M"_'~_ ORDINANCE 2001-~ ... AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 9618N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "POO" PLANNED UNIT DEVELOPMENT KNOWN AS PINE RIDGE CENTER WEST POO, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF PINE RlDGE ROAD (C.R. 896) APPROXIMATELY 660 FEET WEST OF WHIPPOORWILL LANE, IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; BY PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 98-32 AND BY PROVIDING FOR AN EFFECTIVE DATE. j . - '¡~ <~.\ WHEREAS, William L. Hoover, of Hoover Planning & Development, Inc, representing Anthony F. Jancigar, Trustee, 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 18, Township 49 South, Range 26 East, Collier County, Florida, is changed ftom "POD" to "POO" Planned Unit Development in accordance with the POD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 9618N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 98-32, known as the Pine Ridge Center West POO, adopted on April 28, 1998 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. -1- PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this';~ day of 00:: ~ .2001. . .·ATTEST:· , .'··:,pWIG~T E. B~OCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~~~ES~~RMAN ',' :', ~j¡l;~4r~" j¡&(2 Atte t a{to,.Ctia1I'111n'S s1gnatur.'Oß1.r. Approýed as to Fonn and Legal Sufficiency ~}m.~ Malj e M. Student Assistant County Attorney This ordinance filed with the Secretary at State's Office the ~dayof'71¡~. ;,.-1 and acknowledgement of that fili~ed thl$/~ day of ~o.1 ~ By '(;./,«_.7'.. 4' ...... / eop.,ty CIe G:/adminIPUD-I!8-11 (2)1RB/CW -2- PINE RIDGE CENTER WEST PUD A PLANNED UNIT DEVELOPMENT PREPARED FOR: ANTHONY F. JANCIGAR, TRUSTEE 7622 PEBBLE CREEK CIRCLE #204 NAPLES, FLORIDA 34108 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING & DEV., INC. 3785 AIRPORT ROAD N., SUITE B NAPLES, FLORIDA 34105 DATE FILED Julv 24. 2000 DATE REVISED October 27.2000 DA TE REVIEWED BY CCPC DATE APPROVED BY BCC ~~~~:2..ø/ ORDINANCE NUMBER _ ~ EXHIBIT "Aft ·__·..···_.._...___u,. ---. .--.-, LIST OF EXHIBITS EXHIBIT A PUD MASTER PLANJWATER MANAGEMENT PLAN EXHIBIT B EXHIBIT C EXHIBIT D BOUNDARY SURVEY COMPOSITE MASTER PLAN PERMITTED BUILDING DESIGN EXHIBIT E EXHIBIT F PERMITTED BUILDING DESIGN PERMITTED BUILDING DESIGN ii - .- ~- -'. ,.... .... - ~,_.,- _._---------~--~---- ----~----~--- ~---_.- ---.-.-- 8T ATEMENT OF COMPLIANCE The development of approximately 8.87 acres of property in Collier County, as a Planned Unit Development (PUD) to be known as the Pine Ridge Center West 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 facilities of the Pine Ridge Center West 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 Interstate Activity Center Land Use Designation as identified on the Future Land Use Map, as described in the Activity Center Subdistrict of the Urban - Commercial District in the Future Land Use Element. The Future Land Use Element permits commercial land uses in this area. 2. The subject property is located approximately 3/4 mile west of the intersection of 1-75 and Pine Ridge Road which makes it an integral and important part of the overall development of the southwest quadrant of the interstate land uses, as permitted by the Future Land Use Element. 3. The subject property's location in relation to existing or proposed community facilities and services permits the Development's intensity of land uses as required in Objective 2 of the Future Land Use Element. 4. The project Development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 6. The Project shall be in compliance with all applicable County regulations including the Growth Management Plan. 7. All final local development orders for this Project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code as set forth in Policy 3.1 of the Future Land Use Element. 1 ..--....- 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 Pine Ridge Center West PUD. 1.2 LEGAL DESCRIPTION That portion of the West 1/2 of the West 1/2 of the Northeast 1/4 of the Northwest 1/4 of Section 18, Township 49 South, Range 26 East, Collier County, Florida, lying south of Pine Ridge Road. 1.3 PROPERTY OWNERSHIP The subject property is owned by: Anthony F. Jancigar, Trustee 7622 Pebble Creek Circle #204 Naples, Florida 34108 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located in the southwest quadrant of the intersection between Pine Ridge Road and Whippoorwill Lane, approximately 3/4 mile west of 1-75, in the unincorporated area of Collier County, Florida. B. The property is currently vacant. The entire Project site currently has PUD Zoning and is proposed to be rezoned to PUD. 1.5 PHYSICAL DESCRIPTION The Project site is located within the 1-75 canal basin as shown on the Collier County Drainage Atlas sheet A-27. Runoff from the site will flow easterly to the 1-75 canal system. The Project will be designed for a storm event of 3-day duration and 25-year return frequency as wen as water quality in accordance with the Rules of South Florida Water Management District. ' 2 .---.-----.-..-.. ... "--.. -'-'-'--'-"-'-"--.---" Elevations of the property range from 10.0 feet NGVD to 12.0 feet NGVD. The site is within Flood Zone "X" per Flood Insurance Rate Map (FIRM Panel#120067 0425 D). The soil type of the subject site is shown as Oldsmar Fine Sand on the Collier County Soil Maps. The approximate northern half of the site has been previously farmed and is classified as Fallow Crop Land according to FLUCCS. The approximate southern half is pine/palmetto upland and is classified as Pine Flatwoods according to FLUCCS. 1.6 PROJECT DESCRIPTION The Pine Ridge Center West PUD will include a mixture of commercial and office uses. The Pine Ridge Center West PUD intends to establish guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. Uniform guidelines and standards will be created for such features and facilities as landscaping, signage, lighting, roadway treatments, fences and buffers. The Master Plan is illustrated graphically on Exhibit "A," PUD Master Plan. A Land Use Summary indicating approximate land use acreage is shown on the plan. 1.7 SHARED FACILITIES For the purpose of achieving the most desirable and effective design of the subject property and providing the most efficient use of the land and the siting of buildings, controlling access and providing the greatest degree of compatibility with the surrounding lands, it is the intent of this PUD to share certain common facilities such as, but not limited to, a main access road easement, ingress and egress from Pine Ridge Road and water management with the property abutting to the east, known as the Pine Ridge Center PUD, and whose legal description is as follows: That portion of the East 1/2 of the West 1/2 of the Northeast 1/4 of the Northwest 1/4 of Section 18, Township 49 South Range 26 East, Collier County, Florida, lying south of Pine Ridge Road. This property is presently owned by Peter Longo and Mark Longo whose address is: c/o Ohio Sealants, 7405 Production Drive, Mentor, Ohio 44060. The sharing of these facilities does not limit, in any manner whatsoever, the right of each individual property owner to use, assign, lease or dispose of its 3 .____~... ., 'n_U individual property in a manner of its choosing subject to the limitations prescribed herein as conditions of this PUD approval by Collier County. 1.8 SHORT TITLE This Ordinance shall be known and cited as the "Pine Ridge Center West Planned Unit Development Ordinance." 4 ...__.. ""_"0.'_'" .__., ._.________...._.__ 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 Pine Ridge Center West PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District, applicable sections and parts of the Collier County Land Development Code and Collier County Growth Management Plan in effect at the time of final local development order or building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Collier County 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 date of adoption of this PUD. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Pine Ridge Center West PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effect. E. Development permitted by the approval of this Petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the 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. . 5 -'--'--- .------.----.----."- .-.--.---..--. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan is illustrated graphically by Exhibit "A," PUD Master Plan. B. Minor modifications to Exhibit "A," may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code or as otherwise permitted by this PUD Document. C. In addition to the various areas and specific items shown in Exhibit "A," easements such as (utility, private, or semi-public) shall be established and/or vacated within or along the property as may be necessary. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Exhibit "A," PUD Master Plan, constitutes the required PUD Development Plan. Except as otherwise provided within this PUD document, any division of the property and the development of the land shall be in compliance with the Subdivision Regulations 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 all 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 infrastructure improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. 2.5 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5 of the Land Development Code. 6 ._.... -,"_"'W. SECTION III COMMERCIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for Areas "A", "B", and "C" of the site as shown on Exhibit "A," PUD Master Plan. 3.2 GENERAL DESCRIPTION Areas designated on the PUD Master Plan are intended to provide commercial land uses, especially those serving travelers, office, hospital, health service, and contractor uses. The 8.87-acre site is located in the southwest quadrant of the intersection between Pine Ridge Road and Whippoorwill lane. It is also designated as being within an Interstate Activity Center on the Collier County Future land Use Map. 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. Area "A" Permitted Princioal Uses and Structures: 1. Open Space. 2. Stormwater Management Areas. B. Area "B" Permitted Princioal Uses and Structures: 1. All Permitted Principal Uses for Area "C" as described within this PUD Document. 2. Building Construction - General Contractors (groups 1521 - 1542). 3. Building Materials, Hardware and Garden Supplies (group 5211 but only kitchen cabinets, doors, garage doors, windows, wood flooring, insulation material, and fencing, 5231 -5261). 4. Construction - Special Trade Contractors (g'roups 1711 - 1731, 1741 except for concrete block laying contractors, 1742 except for drywall construction contractors and lathing contractors, 1743 - 7 ~_._.. "--'--- .-..-----'-..... 1752, 1761 except for roof spraying, painting and coating contractors, and roofing work and repair contractors, 1793, 1796, 1799 but only awning and window shade installation contractors, caulking contractors, cleaning buildings contractors, counter top installation contractors, fence construction contractors, fireproofing buildings contractors, ornamental metalwork contractors, paint and wallpaper stripping and removal contractors, posthole digging contractors, steam cleaning of building exteriors contractors, tile wall and floor installation contractors, tinting glass contractors, and waterproofi ng contractors). 5. Miscellaneous Repair (groups 7622 - 7641, 7699 but only bicycle repair, camera repair, lawn mower repair, locksmiths, medical/dental instrument repair, musical instrument repair, piano repair, saw/knife sharpening service, and custom picture framing). 6. Any other commercial use or professional service use which is comparable in nature with the foregoing uses. c. Area "C" Permitted Princioal Uses and Structures: 1. Apparel and Accessory stores (groups 5611 - 5699). 2. Auto Supply stores (group 5531). 3. Depository Institutions (groups 6021-6062). 4. Eating Places (group 5812). 5. Food Stores (groups 5411 groceries and supermarkets only, 5421 - 5499). 6. General Merchandise Stores (groups 5311 - 5399). 7. Health Services (groups 8011 - 8099). 8. Home Furniture, Furnishings and Equipment Stores (groups 5712 _ 5736). 9. Hotels and Motels (group 7011). 10. Insurance Agents, Brokers, and Services (group 6411). 8 11. Legal Services (group 8111). 12. Miscellaneous Retail (groups 5912 (Drug Stores), 5941 (Sporting Goods). 5942 (Book Stores), 5946 (Camera Stores), 5992 (Florists), 5995 (Optical Goods), 5999 (except auction rooms. monument and tombstone sales». 13. Paint. Glass, Wallpaper, Hardware, and Lawn and Garden Supply Stores (groups 5231 ;. 5261). 14. Personal Services (group 7212 dry-cleaning and laundry pickup stations only, 7217,7221 - 7261 except crematories, 7291). 15. Professional Offices, Medical Offices, and Management Consulting Services (groups 8711 - 8748). 16. Real Estate Agents and Managers (group 6531). 17. Travel Agencies (group 4724). 18. Video Tape Rental (group 7841). 19. Any other commercial use or professional service use which is comparable in nature with the foregoing uses. D. Accessory Uses: 1. Uses and structures that are accessory and incidental to the permitted uses within this PUD document. 2. Drinking Places (group 5813, only in conjunction with Eating Places) 3. Exterior speakers for drive-through facilities are permitted but exterior loud speakers and public address systems are prohibited. 3.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: Twelve thousand (12,000) square feet. B. Minimum Lot Width: 9 .. -'."'--'--.."'."'..p. ._....- ~-..~... ~.. ._--".~. --- ------~--- Seventy-five (75) feet. C. Minimum Yards: (1) Principal structures: (a) Front Yards - Twenty-five (25) feet. (b) All Yards Along Pine Ridge Road - Twenty-five (25) feet. (c) Side Yards - Ten (10) feet. (d) Side Yards external to the PUD - Fifteen (15) feet. (e) Rear Yards - Fifteen (15) feet. (2) Accessory Structures: Setbacks shall be as required by Division 2.6.2 of the land Development Code in effect at time of bUilding permit application. D. Minimum Floor Area: Seven hundred (700) square feet for the principal structure on the first habitable floor. E. Maximum Heiaht: Three (3) stories or forty (40) feet, whichever is more restrictive. F. Off-Street Parkina and loadinG Reauirements: (1) No vans or trucks rated over one (1) ton capacity shall be parked outside buildings housing contractor's offices or selling building materials except while engaged in loading or unloading activities. Contractor's offices shall be designed so that loading and unloading activities for vans and trucks rated over one (1) ton capacity shall only be minimally visible to off-site motorists and neighboring property owners. (2) As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. G. LandsC8Dina and Bufferina Reauirements: 10 --------- . ---.-....-.---. ..4 <! _"....M_.' As required by Division 2.4 of the land Development Code in effect at the time of building permit application. H. Sicms: Signs shall be permitted as described in Section 2.5 of the Collier County land Development Code. I. Distance Between Principal Structures: Ten (10) feet. J. Solid Waste: Trash receptacles shall be screened on three (3) sides by a seven (7) foot high opaque masonry wall with an opaque gate on the remaining side for access. Such masonry wall shall also meet the architectural standards further described in Section 4.9B. of this PUD Document. K. Liahtina: Pole lighting shall be prohibited. Architecturally finished lampposts not exceeding a height of twenty (20) feet shall be permitted. lighting shall meet the architectural standards further described in Section 4.9B. of this PUD Document. lighting shall be designed so that glare does not extend off-site onto adjacent properties. L. Architectural Buildina Desion: (1) All principal buildings housing contractors' offices or selling building materials shall be architecturally designed to look similar to at least one of the buildings shown on Exhibits liD" to "F". (2) All building exteriors shall be finished in light or moderate colors except for decorative trim. (3) All exterior building walls shall be architecturally finished and metal exterior walls shall not be permitted. 11 .._---'._.~ SECTION IV DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the regulations for the development of this Project. 4.2 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. 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 agree to 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 or assignee in title to the Developer is bound by the commitments within this Agreement. 4.3 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 ensure the continued operation and maintenance of all service utilities and all common areas in the Project. 12 .., ~. -....-.-.~--. 4.4 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 proposed to be completed in several phases. 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 ReDort: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 4.5 ENGINEERING A. A water management plan shall be submitted to include the location ot the discharge control structure and a cross-section of the proposed perimeter bem1. B. If the property is subdivided into two (2) or more parcels, a plat shall be required. C. A shared access agreement shall be recorded prior to final construction plan approval. D. Work within the Collier County right-ot-way shall meet the requirements of Collier County Right-ot-Way Ordinance No. 93-64. 4.6 WATER MANAGEMENT A. A shared water management agreement shall be recorded prior to final construction plan approval. B. In accordance with the Rules ot the South Florida Water Management District (SFWMD), Chapters 40E4 and 40E-40, this project shall be designed for a storm event ot 3-day duration and 25-year frequency. 4.7 UTILITIES A. County water service is available via a 12" water main located on the north side of Pine Ridge Road. The Developer is responsible to tap the main to provide both potable water and fire fighting capability to the site. An 8" minimum water main shall be required to serve the site, providing 13 .- ---.----.--....-.- -,-,--_. ....~ ........... calculations can show that a minimum of 750 GPM is available to serve the commercial activities on the furthest part of the property. B. County sewer service is available via a 12" force main located on the south side of Pine Ridge Road. A minimum size line of 4" is required for the Water Sewer District acceptance. C. All facilities extended to the site and which lie in platted rights-of-way shall be owned and maintained by the Collier County Water/Sewer District. The facilities, whether owned by the District or privately owned, shall be reviewed and installed in accordance with the requirements of Collier County Ordinance No. 97-17 and all federal, state and other existing rules and regulations. 4.8 TRAFFIC A. The proposed joint access road shall be privately maintained. The Developer shall establish a legal entity responsible for all future maintenance as a condition of approval of this PUD. B. The County reserves the right to restrict and/or modify the location and use of median openings on Pine Ridge Road in accordance with Resolution 92-422, the Collier County Access Management Policy, as it may be amended from time to time, and in consideration of safety or operational concerns. Nothing in any development permit issued by the County shall operate to vest any right to a median opening in this project, nor shall the County be liable for any claim of damages due to the presence or absence of any median opening at any point along any road frontage of this project. C. Substantial competent evidence shall be provided by the Developer to the effect that the project is designed to provide capacity and treatment for historical roadway runoff. In addition, site drainage from either project shall not be permitted to discharge directly into any roadway drainage system. D. An eastbound right turn lane serving the access roadway shall be provided prior to the issuance of any Certificate of Occupancy for the development. E. Compensating right-ot-way for turn lanes and meélian areas shall be dedicated by the Developer to reimburse the County for the use of 14 ._---~-.. - existing rights-ot-way. Such dedication shall be considered site related and there shall be no road impact fee credit due the Developer. F. The County reserves the right to acquire righl-of-way for Ihe Pine Ridge Road six-lane project at a fixed cost for land and improvements without severance damages at the time needed. The basis of cost for any such acquisition shall be at the present market value based on the present zoning or on the applicant's cost to acquire the land, whichever is less. Any such right-of-way acquisition shall be made available to the County within 120 days of notification to either or both developers of the County's need for the land or at the time of filing for the first building permit for this site or the Pine Ridge Center West site, whichever comes first. G. Site specific road Improvements required for this project, shall be in place prior to the issuance of any Certificates of Occupancy for development. . H. Road impact fees shall be paid in accordance wilh Ordinance No. 2000- 56, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. I. All required improvements, eXCluding right-of-way donations for roadway segments specifically mentioned in the County's Five-Ten Year Work Plan, shall be considered "site related" as defined in Ordinance No. 2000- 56, as amended, the Collier County Road Impact Fee Ordinance, and shall not be eligible for credit toward any road impact fees required by that Ordinance. 4.9 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. All buildings, lighting, signage, landscaping and visible architecture infrastructure shall be architecturally and aesthetically unified, and shall comply with the Architectural and Site Design Guidelines and Standards of the land DeveJopment Code. Said unified architectural theme shall include: a similar architectural design and use of simitar materials and colors throughout all ot the buildings, signs, and walls to be erected on the site. landscaping and streetscape materials shall also be similar in design throughout the site. A conceptual design master plan shall be 15 ---.,~_.._-,._.- submitted concurrent with the first application for Site Development Plan approval demonstrating compliance with these standards. A common architectural theme for the entire project shall be designated at the time of site development plan submittal. 4.1 0 ENVIRONMENTAL A. A minimum of 1.31 acres of natural habitat areas shall be provided on- site, including both the under-story and the ground cover emphasizing the largest contiguous area Possible. These natural habitat areas shall consist of at least 0.51 acre of native vegetation that is retained on-site as shown on the PUD Master Plan and up to .80 acre of native vegetation that is replanted elsewhere on-site, as described in Section 3.9.5.5.3 of the Land Development Code. B. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on areas of retained native vegetation, shall be submitted to Current Planning Section Staff for review and approval prior to final site plan/construction plan approval. C. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Service (USFWS) and Florida Fish & Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Section Staff for review and approval prior to final site plan/construction plan approval. 16 ...- ~-'-~~---- - 1 ¡ .2 JfA · · ~ Sl~fdl :J JJj,~j · j f ~f;JJi!! ., J.~ p .9 ;~Uilj '-._--------~---- ---------- ----------- PH .tpnr .Q'd~J----------------------------- =-:==:::--=-=~~~::==:; 2:------=..==- _=_ _-= . --- j~ -------------------------- - - - - - - - ~ j~ ------------------------ I If Id . ! '< . .... .... .a :.a .. rd c: J, I .!i' 0. ! ... " ~ . :: l·~ 1::Ii! Il 1 g J ~f lid '~i ø. .. JmhmlHn ! . II D ~ o . t · ¡ l 1i:IJJ J}U:îl Ii J I. -nit'- . 'I I sId 1; IJ co: -l ~j .. . I . I")' J1 t] . II!r -J J I JJ',: '!I~ f IÜ;7 If. .I;,ª ~ 'iJ: . ¡II fjl).j *~ 3 " 'I"~ 1!1 nl~Jf IIJI' 11f1~ '1huH.l ._-~_._..+.-,-..,... HATTON ct SP£HCßH PAt"· r.r.r HI N .;I I. /..;IN II .J'V A' II' I't1A.r ,~, 01< co~"'""'.., ,=17:~~I:-::'''''~t~ c.ue. CI\M f. ,,,... " I#' If' .,. . "... ,., ",r ,r N.lI',.. _ LeOAl DESCRIPTION C!IM'1k!tC:1NO AT THI NOU....." COlI... 01" SlcrlQlf It. T~ .., SOU'H. UHGI J' I"n. COLL.. c:O....TY HÖit'}:tOk L.....~ ~'=.·\"T311~3&: tll~mJ&: II . '011 A nTA~ o· '11...,1"" TO THI NOUM:,T , COlltea O I TI4I '" Sf II' 011 HI IItn 112 01" , HOIIr.. IISi 114 011 THI NOIIr~n II.. 011 fAAQ "C II: r..!tC: .UN. 00' 10' U· . .....ONG 'NIl _.. L.... 011 TNII II Sf III 011 THI ..n III O I 'HI NOUHliAST II.. O I THI HOItT"»" II.. 01" SAID SECTION If. "0. A )IS'"NCI O I ..IS 'fr TO II PONT ON THI SOUT".L V IIIQH O I WAy L... '" .~ 110"0 11.1.. 'HI. A ISO. 'OOT IIIOtff 011 WAY. A, SHO.... ON THI I'I.O.OA DE''''' ....IIT O. '.II.....OIIU'IOIC IIIGHT 0' WAY "AP "0. STArl . tllO S·... SECTICIft ono...ltoJ. COLL.. cOIÞfr,.. IoHKTI , ~ . 0' Q. AIO rHl 'ONT 011 'EGNlIN() 0" TNt 'A.ë,L O I LAIO HI_If otSC....D: rHINe' CON'MAr '00 20' n' I '011 A OfSfANeI 0' IJO. øo 'fIT I Tlm II"'" H .t" 3...· 3r I '0. A CltSTAIfCE 01" n4M 'Ii " rHl1ilC1 III'f II 00' 21' 4,' II 'OIt A IllS r AHCI 011 110. , 'EIt TO II ,~, 011 II c.~"" cu.~. CONCA"" ro THe 1I000....Asr. IlIoIO.. .AIIIUS 'o.n '1"., If OJ. 00- ..... · A DISTANCE 011 5.0....,. "en THEII'''"Oft, '''10 CUll\'( 11-..0 T"I SOU'IEII&.., ~ 011 IIA Y I.... 01< "'4 IlIOGI! 110110 CU..e 'Hl 'MlNCI..... ..arEIILY .....0H0 'HI! AIIC 011 '''0 cu....: III Q THI 'OUTHI"" '\' RlCIWr O I WAY L.. Q II PINE ROOf 1l0A0. H"'I'1fO A 1lA0CI$ 01" 1104." 'I,T: '''OUOM A eel/rllAC. ~I O I OJ·lr JS.. AHIt SlAt INÞto 'Y A CHOIIO OIS'ANCI O I "".0 "liT. AT A ""Itftò 0" It IS' 40' n· " 11011 AIf A'C OII'IINe, Q II 21..0. "ElT rO THI! 110 ~ lAID ~YI. '14NCf .~ It ..... II" 41" W ALONeJ 'HI 'OVTMliRl. Y IIIGHT O I WAY I.... 011 ...., IIOGI 'OAO ($.II.. "'t 110ft A.OISfllNel O I SU, "..r '0 THI 'Otn O I I!~ ICONfMIIfG .." ACIIt.. I'IOfII 0It Lilli lit Ire" , '~'''IA UOAt.. OlfC..,1CIft 4 ~t' L4fJ ~I.U.!t: '~r 111l.' ~ lihr. '-.HUJn iìIi_. $U... .P.!."f 1'!!r4 ., ,.,., ..,... ""","',,¡,;¡,t:I£~If,,'¡JJ¡r "..r~ fI''''''''.r I'II"".'D ftOlt ANTHONY.JANC/(;AR ....... ..... . :-"'~:1.~ 1:. ~ '"";";:~..-:.-. %; =:t.=.-:-.:::z:- ~~_ ;: ~ 'ë:i ~O;:;;lI; ~ =-:.:.- .,.. ... -.. .........--..--- ---....-..-.,.. --------- ~.:-..:..~~ ';-~-- .......---. ...-..... -........ "WIf_ ~'"":u -.-:.- _ ...__... ...- ~ .... .... - ~ ~ "s. Ý is' ~ ;" ;-" ...... '-... ,~ ii II :: :: '9> ~ ~ .... .... =!: i~ t&1 >< I:!r 2;, :x: ~~.~. åt H ~ tI .... !tit H , ~. . = IJ: ~ ~ >i' .. \0'- ~ ." .r ,#' ,,. ,. " 'r ,.. ..,. ,. J,...,#, 'OJ ,... JI4""J '\ .. BOU N DARY SU RV EY '·r_~ L NO..IlI~ ... : :e:n.,. : : I.. ...,. a : ~.'':=- o. ;"~';'.._ e4 . m:;..._ f' ~ J £11· '.R:- &: mÞ"1:.,-::'r ,r· ·~L· .t:..c_~~.=- 1 ~ ~lr=- :¡ f~:"'\':=. -: "~:i.:¡¡-- l:.~ii; C6¡:;,:,:,,. . .:1 . .._ : !Ii! ':::: .;..~ : .~:- 11: Rn,",~~ fI.I::u=VP .nf=iiH...i... lit. ....., ~- W . = .. .~ u.. " . ""-w :.:..:" ':.: =~-::.. .... u·wt_...._ '......,...__.. . . . . ..-.... ......... ......... .. f.e ',. .............. ..... ... -... ---... ...- - y...-- .... ... .... c....... ''''' ....,. . .... .. .... ..,.... . .~ I . . . I. ø. . as ;:I! = I 0 :::3 as o ..9 :::::::-----iõi-..-...-...·~I----------------------------- =-.:::::::::=:-.:.::..__-::.:.._:-_ _ _ _ _ _ _ _ _ _ _ _ ___ -------- - (1::. ---__ -------" .(. 11 . ~---------- J -------------------------- .......... ~------------------------ 7 +oJ CI) ( ,J ~ s.... s.... ( ,J Q) +oJ +oJ c: c: ( ,J Q) U U ...... ~ ~ '"0 "Ö .- .- 0::: 0::: ; ( ,J ( ,J J c: c: : .- .- 0- 0.. . J ~ ; - ~/ ) ~ :::;..r · I - · · 'f I: / ~ If '" ---~.._-~ ~ ~ OIl _ _ "'"'--"" ! . .. .... ... ........ . .. .M ... .H.... I U . .... :ä ~ ~ I Ij l~n fJll:il 'i fl. .gJ ¡" ihif1! .. J I it :" 'elil lId Ji ~ li1.1I nin --..,_._-_._---~-- - EXHIBIT D PERMITTED BUILDING DESIGN ---...---, EXIllBIT E PERMITTED BillLDING DESIGN EXIDBIT F PERMITIED BUILDING DESIGN STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2001-09 Which was adopted by the Board of County Commissioners on the 27th day of February, 2001, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 1st day of March, 2001. t'" .,' ".0'"" " , DWIGHT E. BROCK / /'. ; ,',' . . , .. . Clerk of Courts andf Clerk,:':it :'. ' Ex-officio to Board~ of ' ',: ":'~' . County Commissioneré~ ',.. \~.' '_"':;,.' , ,,' . ~~d .,. ~~/~~~ . .'..' .~~:.../ ~~- ..'............... By: Ellie HOffman, Deputy Clerk - . ORDINANCE 2001--.O..!l- ~. .'", AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 9618N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE PINE RIDGE CENTER PUD, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF PINE RIDGE ROAD (C.R. 896) APPROXIMATELY 660 FEET WEST OF WHIPPOORWILL LANE, IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA; BY PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 98-31 AND BY PROVIDING AN EFFECTIVE DATE. '> ') . \~..~\ WHEREAS, William L. Hoover of Hoover Planning & Development, Inc., representing Peter and Mark Longo, 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 ofthe herein described real property located in Section 18, Township 49 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 Atlas Map numbered 9618N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 98-31, known as the Pine Ridge Center PUD, adopted on April 28, 1998 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. -1- PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida. thìsJ?;tJ.. day of ~ ,2001. " ,.,'ATmST:,... /bWIGHT,~.:B~O~K, Clerk , -".\: . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA "I' : " :·,*¡.!·ft;J/o:;"l~~.~J ,(fJ.(l Ai est:u..to'Chlfn..A" sfgRatur. 0I11~ Approved as to Fonn and Legal Sufficiency G:/adminIPUD-86.22(2YRBIcw This ordlnonce filed with the Secretory of State's Office the ~dayof~. 2.0lIl1 and acknowledgement of that flli~eceived thls~ day of c.uc..,. ~/ ~ By ~ ~".:.,;;oo-: 6~ Ii, ........-' I' Doøuty C ~.¡JG¿~bJU~ Marjo' M. Student Assistant County Attorney -2- PINE RIDGE CENTER PUD A PLANNED UNIT DEVELOPMENT PREPARED FOR: PETER AND MARK LONGO C/O OHIO SEALANTS, INC. 7405 PRODUCTION DRIVE MENTOR, OHIO 44060 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING & DEV., INC. 3785 AIRPORT ROAD N., SUITE B NAPLES, FLORIDA 34105 DATE FILED Julv 24. 2000 DATE REVISED January 12. 2001 DATE REVIEWED BY CCPC DATE APPROVED BY BC~:-:l;!~/ = ORDINANCE NUMBER _ CJ /_ ð ð _ EXHIBIT "An TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS PAGE STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION" PROJECT DEVELOPMENT REQUIREMENTS SECTION III COMMERCIAL AREAS PLAN SECTION IV DEVELOPMENT COMMITMENTS ii 1 2 5 7 12 ----------~--,,_. EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F LIST OF EXHIBITS PUD MASTER PLANIWA TER MANAGEMENT PLAN BOUNDARY SURVEY COMPOSITE MASTER PLAN PERMITTED BUILDING DESIGN PERMITTED BUILDING DESIGN PERMITTED BUILDING DESIGN ;¡ ~.._---- STATEMENT OF COMPLIANCE The development of approximately 8.73 acres of property in Collier County, as a Planned Unit Development (PUD) to be known as the Pine Ridge Center 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 facilities of the Pine Ridge Center 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 Interstate Activity Center Land Use Designation as identified on the Future Land Use Map, as described in the Activity Center Subdistrict of the Urban - Commercial District in the Future Land Use Element. The Future Land Use Element permits commercial land Uses in this area. 2. The subject property is located approximately 3/4 mile west of the intersection of 1-75 and Pine Ridge Road which makes it an integral and important part of the overall development of the southwest quadrant of the interstate land uses, as permitted by the Future Land Use Element. 3. The subject property's location in relation 10 existing or proposed community facilities and services permits the Development's intensity of land uses as required in Objective 2 of the Future Land Use Element. 4. The project Development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 6. The Project shall be in compliance with all applicable County regulations including the Growth Management Plan. 7. All final local development orders for this Project are subject 10 Division 3.15, Adequate Public Facilities. of the Collier County Land Development Code as set forth in Policy 3.1 of the Future Land Use element. 1 --..--- 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 Pine Ridge Center PUD. 1.2 LEGAL DESCRIPTION That portion of the East 1/2 of the West 1/2 of the Northeast 1/4 of the Northwest 1/4 of Section 18, Township 49 South, Range 26 East, Collier County, Florida, lying south of Pine Ridge Road. 1.3 PROPERTY OWNERSHIP The subject property is owned by: Peter Longo and Mark Longo c/o Ohio Sealants, Inc. 7405 Production Drive Mentor, Ohio 44060 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located in the southwest qUadrant of the intersection between Pine Ridge Road and Whippoorwill. lane, approximately 3/4 mile west of 1-75, in the unincorporated area of Collier County, Florida. B. The property Is currently vacant. The entire Project site currently has PUD Zoning and is proposed to be rezoned to PUD. 1.5 PHYSICAL DESCRIPTION The Project site is located within the 1-75 canal basin as shown on the Collier County Drainage Atlas sheet A-27. Runoff from the site will flow easterly to the '-75 canal system. The Project will be designed for a slorm event of 3-day duration and 25-year return frequency as well as water quàlity in aCCOrdance with the Rules of South Florida Water Management District. 2 Elevations of the property range from 10.0 feet NGVD to 12.0 feet NGVD. The site is within Flood Zone "X" per Flood Insurance Rate Map (FIRM Panel#120067 0425 D). The soil type of the subject site is shown as Oldsmar Fine Sand on the Collier County Soil Maps. The approximate northern half of the site has been previously farmed and is classified as Fallow Crop Land according to FlUCCS. The approximate southern half is pine/palmetto upland and is classified as Pine Flatwoods according to FLUCCS. 1.6 PROJECT DESCRIPTION The Pine Ridge Center PUD will include a mixture of commercial and office uses. The Pine Ridge Center PUD intends to establish guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. Uniform gUidelines and standards will be created for such features and facilities as landscaping, signage, lighting, roadway treatments, fences and buffers. The Master Plan is illustrated graphically on Exhibit "A," PUD Master Plan. A Land Use Summary indicating approximate land use acreage is shown on the plan. 1.7 SHARED FACILITIES For the purpose ·of achieving the most desirable and effective design of the subject property and providing the most efficient use of the land and the siting of buildings, controlling access and providing the greatest degree of compatibility with the surrounding lands, it ;s the intent of this PUD to share certain common facilities such as, but not limited to, a main access road easement, ingress and egress from Pine Ridge Road and water management with the property abutting to the east, known as the Pine Ridge Center PUD, and whose legal description is as follows: That portion of the East 1/2 of the West 1/2 of the Northeast 1/4 of the Northwest 1/4 of Section 18, Township 49 South Range 26 East, Collier County, Florida, lying south of PIne Ridge Road. This property;s presently owned by Anthony F. Jancigar, Trustee, whose address is 7622 Pebble Creek Circle #204, Naples, Florida 34108. 3 The sharing of these facilities does not limit, in any manner whatsoever, the right of each individual property owner to use, assign, lease or dispose of its individual property in a manner of its choosing subject to the limitations prescribed herein as conditions of this PUD approval by Collier County. 1.8 SHORT TITLE This Ordinance shall be known and cited as the "Pine Ridge Center Planned Unit Development Ordinance." 4 --'~"""---- 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 Pine Ridge Center PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District, applicable sections and parts of the Collier County Land Development Code and Collier County Growth Management Plan in effect at the time of final local development order or bUilding permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Collier County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shalf be the same as the definitions set forth in the Collier County Land Development Code in effect at the date of adoption of this PUD. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Pine Ridge Center PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless sPecifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effect. E. Development permitted by the approval of this Petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the 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. 5 ,.-._~=~-~--_.~_.._- .."""" 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan is illustrated graphically by Exhibit "A," PUD Master Plan. B. Minor modifications to Exhibit "A," may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code or as otherwise permitted by this PUD Document. C. In addition to the various areas and specific items shown in Exhibit "A," easements such as (utility, private, or semi-public) shall be established and/or vacated within or along the property as may be necessary. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Exhibit "Ar" PUD Master Plan, constitutes the required PUD Development Plan. Except as otherwise provided within this PUD document, any division of the property and the development of the land shall be in compliance with the Subdivision Regulations 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 all 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 infrastructure improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. 2.5 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5 of the Land Development Code. 6 SECTION III COMMERCIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for Areas "A", "B", and "C" of the site as shown on Exhibit "A," PUD Master Plan. 3.2 GENERAL DESCRIPTION Areas designated on the PUD Master Plan are intended to provide commercial land uses, especially those serving travelers, office, hospita/ health service, and contractor uses. The 8.73-acre site is located in the southwest quadrant of the intersection between Pine Ridge Road and Whippoorwill Lane. It is also designated as being within an Interstate Activity Center on the Collier County Future Land Use Map. 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. Area "A" Permitted PrinciDal Uses and Structures: 1. Open Space. 2. Stormwater Management Areas. B. Area "B" Permitted Principal Uses and Structures: 1. All Permitted Principal Uses for Area "c" as described within this PUD Document. 2. Building Construction - General Contractors (groups 1521 _ 1542). 3. Building Materials, Hardware and Garden Supplies (group 5211 but only kitchen cabinets, doors, garage doors, windows, wood flooring, insulation material, and fencing, 5231 -5261). 4. Construction - Special Trade Contractors (groups 1711 _ 1731, 1741 except for concrete block laying contractors, 1742 except for drywall construction contractors and lathing contractors, 1743 _ 7 .._.._._---~ --'-----'---'--'- 1752, 1761 except for roof spraying, painting and coating contractors, and roofing work and repair contractors, 1793, 1796, 1799 but only awning and window shade installation contractors, caulking contractors, cleaning bUildings contractors, counter top installation contractors, fence construction contractors, fireproofing buildings contractors, ornamental metalwork contractors, paint and wallpaper stripping and removal contractors, Posthole digging contractors, steam cleaning of building exteriors contractors, tile wall and floor installation contractors, tinting glass contractors, and waterproofing contractors). 5. Miscellaneous Repair (groups 7622 - 7641, 7699 but only bicycle repair, camera repair, lawn mower repair, locksmiths, medical/dental instrument repair, musica' instrument repair, piano repair, saw/knife sharpening service, and custom picture framing). 6. Any other commercial use or professional service use which is comparable in nature with the foregoing uses. C. Area "C" Permitted PrinciDal Uses and Structures: 1. Apparel and Accessory stores (groups 5611 _ 5699). 2. Auto Supply stores (group 5531). 3. Depository Institutions (groups 6021-6062). 4. Eating Places (group 5812). 5. Food Stores (groups 5411 groceries and supermarkets only, 5421 - 5499). 6. General Merchandise Stores (groups 5311 _ 5399). 7. Health Services (groups 8011 _ 8099). 8. Home Furniture, Furnishings and Equipment Stores (groups 5712 _ 5736). 9. Hotels and Motels (group 7011). 10. Insurance Agents, Brokers, and Services (group 6411). 8 ---~._- 11. Legal Services (group 8111). 12. Miscellaneous Retail (groups 5912 (Drug Stores), 5941 (Sporting Goods), 5942 (Book Stores), 5946 (Camera Stores), 5992 (Florists), 5995 (Optical Goods), 5999 (except auction rooms, monument and tombstone sales». 13. Paint, Glass, Wallpaper, Hardware, and Lawn and Garden Supply Stores (groups 5231 - 5261). 14. Personal Services (group 7212 dry-cleaning and laundry pickup stations only, 7217, 7221 - 7261 except crematories, 7291). 15. Professional Offices, Medical Offices, and Management Consulting Services (groups 8711 - 8748). 16. Real Estate Agents and Managers (group 6531). 17. Travel Agencies (group 4724). 18. Video Tape Rental (group 7841). 19. Any other commercial use or professional service use which is comparable in nature with the foregoing uses. D. Accessory Uses: 1. Uses and structures that are accessory and incidental to the permitted uses within this PUD document. 2. Drinking Places (group 5813, only in conjunction with Eating Places) 3.4 DEVELOPMENT STANDARDS 3. Exterior speakers for drive-through facilities are permitted but exterior loud speakers and pUblic address systems are prohibited. A. Minimum Lot Area: Twelve thousand (12,000) square feet. 8. Minimum Lot Width: 9 Seventy-five (75) feet. C. Minimum Yards: (1) Principal structures: (a) Front Yards - Twenty-five (25) feet. (b) All Yards Along Pine Ridge Road - Twenty-five (25) feet. (c) Side Yards - Ten (10) feet. (d) Side Yards external to the PUD - Fifteen (15) feet. (e) Rear Yards - Fifteen (15) feet. (2) Accessory Structures: Setbacks shall be as required by Division 2.6.2 of the Land Development Code in effect at time of building permit application. D. Minimum Floor Area: Seven hundred (700) square feet for the principal structure on the first habitable floor. E. Maximum Heioht: Three (3) stories or forty (40) feet, whichever is more restrictive. F. Off-Street Parkino and Loadino Reauirements: (1) No vans or trucks rated over one (1) ton capacity shall be parked outside buildings housing contractor's offices or selling building materials except while engaged in loading or unloading activities. Contractor's offices shall be designed so that loading and unloading activities for vans and trucks rated over one (1) ton capacity shall only be minimally visible to off-site motorists and neighboring property owners. (2) As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. G. LandscaDino and Bufferina Reauirements: 10 -.----- --- As required by Division 2.4 of the land Development Code in effect at the time of building permit application. H. Sians: Signs shall be permitted as described in Section 2.5 of the Collier County land Development Code. I. Distance Between Princioal Structures: Ten (10) feet. J. Solid Waste: Trash receptacles shall be screened on three (3) sides by a seven (7) foot high opaque masonry wall with an opaque gate on the remaining side for access. Such masonry wall shall also meet the architectural standards further described in Section 4.9B. of this PUD Document. K. liahting: Pole lighting shall be prohibited. Architecturally finished lampposts not exceeding a height of twenty (20) feet shall be permitted. lighting shall meet the architectural standards further described in Section 4.9B. of this PUD Document. lighting shall be designed so that glare does not extend off-site onto adjacent properties. L. Architectural Buildina Desian: (1) All principal buifdings housing contractors' offices or selling building materials shall be architecturarry designed to look similar to at least one of the buildings shown on Exhibits "0" to "F". (2) All building exteriors shall be finished in light or moderate colors except for decorative trim. (3) All exterior building walls shall be architecturally finished and metal exterior walls shall not be permitted. 11 ..---.--..-. ~"~~-- SECTION IV DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the regulations for the development of this Project. 4.2 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. 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 agree to 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 or assignee in title to the Developer is bound by the commitments within this Agreement. 4.3 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 ensure the continued operation and maintenance of aU service utilities and all common areas in the Project. 12 ---.-.-- "_h.__.___ _ ~~-~_.- 4.4 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 proposed to be completed in several phases. 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 Recort: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 4.5 ENGINEERING A. A water management plan shall be submitted to include the location of the discharge control structure and a cross-section of the proposed perimeter berm. B. If the property is subdivided into two (2) or more parcels, a plat shall be required. C. A shared access agreement shall be recorded prior to final construction plan approval. D. Work within the Collier County right-of-way shall meet the requirements of Collier County Right-of-Way Ordinance No. 93-64. 4.6 WATER MANAGEMENT A. A shared water management agreement shall be recorded prior to final construction plan approval. B. In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year frequency. 4.7 UTILITIES A. County water service is available via a 12" water main located on the north side of Pine Ridge Road. The Developer is responsible to tap the main to provide both potable water and fire fighting capability to the site. An 8" minimum water main shall be required to serve the site, providing 13 ~- --..--..--- calculations can show that a minimum of 750 GPM is available to serve the commercial activities on the furthest part of the property. B. County sewer service is available via a 121t force main located on the south side of Pine Ridge Road. A minimum size line of 4" is required for the Water Sewer District acceptance. C. All facilities extended to the site and which lie in platted rights-of-way shall be owned and maintained by the Collier County Water/Sewer District. The facilities, whether owned by the District or privately owned, shall be reviewed and installed in accordance with the requirements of Collier County Ordinance No. 97-17 and all federal, state and other existing rules and regulations. 4.8 TRAFFIC A. The proposed joint access road shall be privately maintained. The Developer shall establish a legal entity responsible for all future maintenance as a condition of approval of this PUD. B. The County reserves the right to restrict and/or modify the location and use of median openings on Pine Ridge Road in accordance with Resolution 92-422, the Collier County Access Management Policy, as it may be amended from time to time, and in consideration of safety or operational concerns. Nothing in any development permit issued by the County shall operate to vest any right to a median opening in this project, nor shall the County be liable for any claim of damages due to the presence or absence of any median opening at any point along any road frontage of this project. C. Substantial competent evidence shall be provided by the Developer to the effect that the project is designed to provide capacity and treatment for historical roadway runoff. In addition, site drainage from either project shall not be permitted to discharge directly into any roadway drainage system. D. An eastbound right turn lane serving the access roadway shall be provided prior to the issuance of any Certificate of Occupancy for the development. E. Compensating right-ot-way for turn lanes and mediån areas shall be dedicated by the Developer to reimburse the County for the use of 14 existing rights-ot-way. Such dedication shall be considered site related and there shall be no road impact tee credit due the Developer. F. The County reserves the right to acquire right-ot-way tor the Pine Ridge Road six-lane project at a fixed cost for land and improvements without severance damages at the time needed. The basis of cost tor any such acquisition shall be at the present market value based on the present zoning or on the applicant's cost to acquire the land, whichever is less. Any such right-of-way acquisition shall be made available to the County within 120 days of notification to either or both developers of the County's need for the land or at the time of filing for the first building permit for this site or the Pine Ridge Center West site, whichever comes first. G. Site specific road improvements required for this project, shall be in place prior to the issuance of any Certificates of Occupancy for development. H. Road impact fees shall be paid in accordance with Ordinance No. 2000- 56, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. I. All required improvements, excluding right-of-way donations for roadway segments specifically mentioned in the County's Five-Ten Year Work Plan, shall be considered "site related" as defined in Ordinance No. 2000- 56, as amended, the Collier County Road Impact Fee Ordinance, and shall not be eligible for credit toward any road impact fees required by that Ordinance. 4.9 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. All buildings, lighting, signage, landscaping and visible architecture infrastructure shall be architecturally and aesthetically unified, and shall comply with the Architectural and Site Design Guidelines and Standards of the Land Development Code. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the 'buildings, signs, and walls to be erected on the site. Landscaping and streetscape materials shall also be similar in design throughout the site. A conceptual design master plan shall be 15 _._--... -.---.-.- submitted concurrent with the first application for Site Development Plan approval demonstrating compliance with these standards. A common architectural theme for the entire project shall be designated at the time of site development plan submittal. 4.10 ENVIRONMENTAL A. A minimum of 1.33 acres of natural habitat areas shall be provided on- site, including both the under-story and the ground cover emphasizing the largest contiguous area possible. These natural habitat areas shall consist of at least 0.51 acres of native vegetation that is retained on-site as shown on the PUD Master Plan and up to .82 acres of native vegetation that is replanted elsewhere on-site, as described in Section 3.9.5.5.3 of the Land Development Code. B. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on areas of retained native vegetation, shall be submitted to Current Planning Section Staff for review and approval prior to final site plan/construction plan approval. C. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Service (USFWS) and Florida Fish & Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Section Staff for review and approval prior to final site plan/construction plan approval. 16 .--.----_._~,..., ~illl ~ir! ~, !111~;1 f ~ ,~H[ J .. IliJfr} ØI .. J r [ :lpf~f þ ,... '"f·r, õ· ¡J '1 .: ::7 ", Fir llrr tU ¡Þ"'il ~ [ l~ ¡ § ~ J.. s 't; "- ~ I .. IN.W· ... If' .,. . + T [' 'ì' f '" ~~ ~ at H:n f ~~r ! ffar f ¡~;~ j~fi f i~ j r¡: :~ W to] H þ" ~ r:¡!I',I! · "I f · ~. ¡I Jlftt l~: If ffifi1 ~ / § r II 1 .. æ ~ , It n f " . II .. ai · F . ., ~ .. .. Cñj1 ~IO .. , ;s õ . 'i " ...E;... ~ ã f~ ~l i r ...¡ 1 - --------------------- ·f ------------------ ~ - - - -- = - - ~ ~- - --~-~-~-~ ~:==--::::..-:::::~==:._-_.. ------------------------ . 'pu ·1rpìii-"iÞiiJa---_=___ ---- ---------------------=:::::: ----- ¥___w___...... --.-.._..-_.~._.. -. -'..~..._---- .' HArrOH & SPENCER PRo,rss/oNA¿ lAN/} SURYrYORS "o.tT 01' CO""'¡HCI1EHT Þal1'NWf1T co...... IfC'r=t . '1Õl~\nn~:~,.."",,- T. N II" "3' ..". ç ... 'IIOII.IIf- (OJ I.IN6' . w Ir 4" . ,,,,.- (" CUR", , ."Ior A . ø~· ". 4.- "AO/II. . "N.'" Aile _ 1113',. CN",.þ . ".~..r 1:. . " ... .... ,r .. '''.1/.,,' - IN" LEGAL DESCRIPTION COI1t1EHCIHG AT THE NORTHWEST CORNER OF SECTION II. TOWNS.... "'It SOUTH, RANGE 215 EAST. COLLIER COUNTY . FLORIO,,: HENCE RUN N '11' 33' 30· E "LONG THE NORTH LINE OF THE NORTHWEsr I'... OF 5"10 seCTION 18 . FOR" DlST"''¡CE OF 160l,H I'EET TO THE NORTHWEST COIINER OF THE EAS T "2 OF THE WeST "2 OF THe NOIITHE"ST .,... OF HE NORTHweST .,... OF 5"10 seCTIO'" III; THENCE RUN S 00' 21" ..... E AlONG TIE WEST LINE OF THE EAST 1/2 OF THE' WEST "2 OF THE NORTHE"" "... OF THE NOIITHWEST 1'4 OF MID SECTION I'. FOIl A CtISTANCE OF 139,4' FEET TO A POINT ON THE SOUTHERLY RIGHT OF W"Y u..e OF PINE RIOGE ROAD IS.R,. 1901. A 150 FOOT RIGHT OF WAY. liS SHOWN ON THE 1'1.01111"" OEI'MT 'HeNT OF TRANSPORTATION 'liGHT OF W",,· MAP FOR STATE ROAD S-S96. SECTION 03504'2603. COLLIeR CO\JNTY, SHEETS 5 llNO 6 OF t3, ^,ID TIE POln OF BEGINNING OF THE PARCEL OF L"ND HEReIN DeSCRIBED: THiNCE CONTINUE S 00' 2r 4S' E FOR" DISTANCE OF ",o.77 FEET ; TI(¡NCE RUN N '9' 3"1' 37" E FOR " DlS T ANeE OF 3024"4 FEET: TJoENCE RUN N 00' 23' .. " FOR" DISTANce OF .70.39 FEE T fO II PONT ON A CI!CIA.AR CURVE. CONCIIVE TO TtiE NORTH. WHOSE RADIUS POINT SEARS N 00' .. OS" e " OIST llNeE OF 51104,51 FEET THEAeFROH, SAID CURVE BeING THE SOUTHERLY RIGHT OF WAY lINE OF PINE RIOGE ROllO IS,R.. a961: THENCE RUN WE$TERLY ALONG THE ARC OF 51\10 CURVE. BEING TtE SOUTHERL T RIGHT OF "AY LINE OF PINE RIDGE ROAD. HAVING A RADIUS OF 580".51 FEeT, 'THROUGH II CENTRAL AHOlE 01' 01· .. ...a·. AND SUBTENOEO BY " CHORD DISTANCE OF 323,IJ FEET. ^' A BE "RING OF N U' 35" 10" W FOR IIN ARC DISTANCE OF 323.n FEET TO THE POINT 01' BEG~, ICONT ......NO . 73 IICRes, HORE 011 LESS! $KErCH , 970..,. LEGAl oe$CII.T~ ',7tf,Itf"f IIU ~~t(.{41 """'~!rl f,r -.. .Alttl.. IMr. COUll. C'OIIJI". ,UN.. &rl'1f Sf/WI/ " "111 ,.,"'. -41. (S :llrl.t".'fM.ff.,6Ij,"IrIf.fr¡Wf: 0~r8 0_/03/"7 PREPJlRED FOR ,( ARK LONGO PETER LONCO A.INIYIIIs MIff" ~ ~::": t.. ~~=:.,-=....... f--..... .... _ .... ...... ... r,.. ... '~. ....--~....- ..... ....................~............. .,.. .........--..................... -- ..... n. ........ _ '"'' .. ....... .. ............. ...... -'---- ....... ... .. .. ... .... ....... "-- ... - ...... ---.... ....... .... -- ,~."...-.::.~.%. ~~....... The ..... .... .. ...... _ '............. -....."... JI WI_ \<W ~ TTON ,1,..... CI.....lCoIIr. .. .... ... "'I OIl '., '''''''1 ....., ..AI\.... .\..... J4 It . ,.,.,. ''''''4.,.. :~:'~....t.........-....._.. ~ I 'OtlT OF IE~ ... 9- ,>- ........ ø- ý ý ~.. ........ '- '- ~'- . it ~l ~"I .... !t! Ý Ý' ~ trj ..... .. .. >< ~~ \..k :z: ~.. H I. Ò f::: tI1 .... H .... ~2 t-:1 "0 ", 9' c"c" ~~ 9- = tI:I = 9- ,>- Þ " \~ ~ 3'...,..· (0/'",.. :lU.'" (") -:. Nil" ..... U· E H II" :IS' 10· , BOU N DARY SU RV EY LEGEND :p ··l8rBf ... .. . '4" , 0 ; 'UJ "'IN C» ! : l. ...1" .. : !'We~..". _ ü¡,;.. ....,."... ..--.....-- . ..~_,.... '!L~ PI. ....._ ,.... t.r- -.: : =="'. ....~_. ~ j: m"·fi:i.... _II ii· A ",..-. ·R e . . . . . ,........ ~. _. ¡;. !."t.... _.... 1\1: iim._ ''':11% . ..: ~_t..J1!"'c Jf [I{ i91iu.. .",."... r.... . ,. LI . ~. .,..... ... . ., ,. ... . Lift.... ....,. "".. . .."", ..... lWei ,,,......, ,.. .ft,_ """"..., ....... ..........., .. "C '.- .............. caw,.. ,.,Iift '.. NWa.h .......... le. " PI... ,... ... &.... "'- ...., "1 """ ceNIt.M" 'N«. ....., . .." . . Mr.. ..,..,... H:~.. , ~'f ! flJr f lr:[ iJfff~ I If~ ~i ~¡ ~~.. ;I~ ~'~ 8~f ~ r" '". ] J r ~ilffll 'I '-hit Ai. !til'f" ¡'fjiIJ £~:Jff (f ';1 I . ¡ ...... .... k .",.. . ....1.· ... 14' .,. . E1dot... - -- .. .. ~ Elllotlot _ _.1.... 10 .. ...__ '" ~~ '" g d g i H :$ g -0 -0 1 _. ..... :::1 ~ (t) (t) ~ ~ ..... ..... 0.. 0... J If ,I oq oq (t) (t) r&. (") (") n .. (t) (t) I I ::3 ::3 .-+ .-+ (t) (t) ""1 '""1 t>:I ~ >C ::r (t) g: en r+ ....... r-i . If ~ ~ . ------------------------ ì" f - -- ~ --- --------------------- ---..;;;; =- - ~ -= =-= - - - -=-=-=~ '~:=::.::3::3-:==:::-=- ----------------------- I PJn. RId«. ReI --______ ------ ---------- ----~--------:::: --- b o :II .... ..-. o ~ ~ I» '0 . I t, I ~. . EXHIBIT D PERMITTED BUILDING DESIGN .--- ~._----.~_.. ",' ..._-- . r'",",,_ .. "..", EXlllBIT E PERMITTED BUILDING DESIGN EXHIBIT F PERMITTED BUILDING DESIGN .,-.---.---- STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2001-08 Which was adopted by the Board of County Commissioners on the 27th day of February, 2001, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 1st day of March, 2001. ""(':~".'¿.:;":" :~< .i ~ '. ~\~~ :" ".", . -'. ~.. DWIGHT E. BROCK j :'. /-··r":·~:':,7,';· .., \ Clerk of Courts and f Gle'3:-J..t ;". : ,}: ".,' :..' } \ Ex-officio to Board :,óf ·L.~: .<' !.~."::;" ! County Commissioners..... '- ''';''_<> > ,.: ~~..x~~$..:.::..".:,"~,',..:.>..... By: Ellie Hoffman, Deputy Clerk -.--"--- ITEM #10L KRAFT OFFICE COMPLEX SITE DEVELOP PLAN MAP IS ON FILE IN THE MINUTES AND RECORDS DEPARTMENT ITEM #10L CORPORATE PLAZA SECTION 18, TOWNSHIP 49 SOUTH,RANGE26EAST SITE DEVELOP PLAN MAP IS ON FILE IN THE MINUTES AND RECORDS DEPARTMENT Agenda Item No. 12B June 28, 2005 Page 1 of 2 NOTICE OF CLOSED ATTORNEY-CLIENT SESSION Notice is hereby given that· pursuant to Section 286.011(8), Fla. Stat., the Board of County Commissioners will meet in executive (closed attorney-client) session on TUESDAY, June 28, 2005, in the Commission conference room, 3rd Floor, W. Harmon Turning Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The Board in executive session will discuss: Settlement proposalllitigation expense issues of the pending litigation case of Collier County v. Lexington Insurance Company, Case No. 2:05-cv-216-FtM-33SPC, now pending in the United States District Court for the Middle District of Florida, Fort Myers, Florida. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA _. FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK by: /s/ Patricia L. Morgan Deputy Clerk (SEAL) ".-' Agenda Item No. 128 June 28, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 126 Notice is hereby given that pursuant to Section 286,011 (8), Fla, Stat., the Board of County Commissioners will meet In executive (closed attorney-client to be heard at 12:00 noon) session on TUESDAY, June 28, 2005, In the Commission conference room, 3rd Floor, W Harmon Turner Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, The Board in executive session will discuss: Settlement proposal/litigation expense issues of the pending litigation case of Collier County v. Lexington Insurance Company, Case No 2:05-cv-216-FtM-33SPC, now pending in the United States District Court for the Middle District of Florida, Fort Myers, Florida, 6/28/20059:0000 AM Item Number Item Summary Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 6/16/20052:18 PM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 6/16/20052:35 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 6/16/20054:38 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 6/17/2005 8:56 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 6/17/200511 :39 AM Agenda Item No. 12C June 28, 2005 Page 1 of 3 -- EXECUTIVE SUMMARY Discuss Settlement Offer from Lexington Insurance Company in reference to Collier County v. Lexineton Insurance Comnanv. Case No. 2:05-cv-216-FtM-33SPC, now pending in the United States District Court for the Middle District of Florida, Fort Myers, Florida and give direction to County Attorney regarding the litigation. OBJECTIVE: To discuss litigation strategy and advise the Board of County Commissioners of the settlement offer from Lexington Insurance Company in reference to Collier County v. Lexington Insurance Company, Case No. 2:05-cv-216-FtM-33SPC, now pending in the United States District Court for the Middle District of Florida, Fort Myers, Florida. The Board to give direction to County Attorney regarding the litigation. CONSIDERATIONS: AEC National, Inc. (hereinafter "AEC"), was the architectural firm that designed the new jail facility and had been retained as consultants on the construction of the project. After County staff was notified that AEC was in default in e~cess of $100,000.00 to the Bank of Naples, the County determined AEC would be incapable of completing the job. On November 19, 2003, a letter was sent to AEC giving it notice of termination, subject to approval by the Collier County Board of County Commissioners. In December 2003 the Board approved termination of AEC's contract and the County retained replacement consultants. -- On January 21,2004, pursuant to the Board's direction, the Office of the County Attorney filed a complaint on behalf of Co llier County against AEC for breach of contract and negligence. The settlement offer to be discussed is directly related to the termination of AEC from its involvement in the completion ofthe County jail facility. At the time of the termination, the County Attorney's Office notified the liability insurance carrier, Lexington Insurance Company, (hereinafter "LEXINGTON"), of its claim against its insured, AEC. In fact, on February 17, 2004, the County sent a letter to LEXINGTON providing it with a Notice of Claim against the Professional Liability policy it carried for AEC. Neither LEXINGTON nor AEC responded to the complaint. AEC, because it had no assets; and LEXINGTON, because it denied any coverage for the County's claims. On February 26, 2004, the County served LEXINGTON with a Motion for Final Order of Liability After Default, and again, claiming it had no liability, LEXINGTON did not respond to the County's request to the Court to enter a final judgment against its insured, AEC. On March 4, 2004 the Court entered a Final Default Judgment of liability against AEC on behalf ofthe County in the amount of $678,978.17, plus costs of $250.00, and interest of 7% per annum. The Court also maintained jurisdiction over the matter for 120 days, to permit the County to determine if it would join the insurance carrier. Within the 120-day time period, the County informed the Court of its intention to join the insurance company and filed a motion to join the insurance company. -- Agenda Item No. 12C June 28, 2005 Page 2 of 3 - LEXINGTON filed a Memorandum in Opposition to the County's Motion to join them in the lawsuit against AEC. On August 16, 2004 the trial court denied the County's motion to join the insurance company in the AEC lawsuit. On March 22,2005, the County Attorney's Office, having performed all conditions precedent and required in order to maintain an action against LEXINGTON, filed suit directly against the insurance company in a separate action. Counsel for the County decided to pursue the case because, although admittedly the County did not have the strongest case against the insurance company, there were certain theories of liability that supported the County's claim against the carner. On May 11, 2005, LEXINGTON removed the case to the United States District Court for the Middle District of Florida and requested additional time to respond to the County's complaint. After the removal, counsel for both sides engaged in several settlement discussions initiated by LEXINGTON. On May 19, 2005, LEXINGTON made a settlement offer that the County Attorney deemed not to be acceptable. Shortly thereafter, the amount of LEXINGTON's settlement offer was increased and the Board of County Commissioners notified of a closed session to discuss the future course of the litigat ion. - FISCAL IMPACT: If accepted, the funds will be deposited into the Facilities Management account. GROWTH MANAGEMENT IMPACT: There is none. RECOMMENDATION: That the Collier County Board of County Commissioners discuss the settlement offer and give the Office of the County Attorney direction in the litigation. PREPARED BY: Jacqueline Williams Hubbard, Assistant County Attorney -- 2 Agenda Item No. 12C June 28, 2005 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 12C Meeting Date This item to be heard at 1 :00 p,m, Discuss Settlement Offer from Lexington Insurance Company in reference to Collier County v, Lexington Insurance Company, Case No, 205- cv-216-FtM-33SPC, now pending in the United States District Court for the Middle District of Florida, Fort Myers. Florida and give direction to County Attorney regardi,ng the litigation, 6/28/2005 9:00:00 AM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 611612005' 4:04 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 6/171200512:14 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 6/17/20052:04 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 6117/20053:20 PM _____M Agenda Item No. 16A1 June 28, 2005 Page 1 of 20 ",,""""-' EXECUTIVE SUMMARY Recommendation to approve the Lien Resolutions for the abatements of public nuisances in accordance with Ordinance 99-51, as amended OBJECTIVE: To approve execution and recording of the Lien Resolutions, assessing the listed owners the costs of abating public nuisances in accordance with Ordinance 99-51, as amended. CONSIDERATIONS: - Reference Owner of Record Lien Amount 2717 Leonard Wisniewski $255.00 2695 Jesus Gomez $255.00 2716 Filomeno & Maria Avila $255.00 2713 Claude E. La Rue $255.00 2712 Lonnie A. Gray $255.00 2691 William M. Hoover TR & William $255.00 M. Hoover Family TR 2687 William M. Stonestreet $255.00 2714 Carlos & Claudett Casai $255.00 2693 City of Naples $2,200.00 TOTAL $4,240.00 FISCAL IMP ACT: The only expense incurred by the County is the cost of recording the Lien Resolutions, which is estimated to be approximately $18.50 per lien, totaling $166.50 which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMP ACT: This request will have no impact on the County's Growth Management Plan. LEGAL CONSIDERATION: This request has been reviewed for legal sufficiency and has no outstanding legal considerations, RECOMMENDATION: That the Board of County Commissioners approve the Lien Resolutions. ,-. PREPARED BY: Leonardo Bonanno, Operations Coordinator - Code Enforcement Agenda Item No. 16A1 June 28, 2005 Page 2 of 20 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 'SAt Recommendation to approve the Lier. Resolutions for the abatements of public nuisances ìn accordance with Ordinance 99·51. as amended Meeting Date 5!28'2005 9:00:00 AM Approved By Michelle. Edwards Amold Code Enforcement Director Oat. Community Development & El1vir )nm~t1t¡ 1 Servj(:~$ Code Enforcement 6;1412Q05 3:41 PM Approved By S:¡ n(h~1 Lea Ek«~CLlt¡Vf! Sec.nt1;¡ry DoÔItI~ Community Development & Environmental Sprvices Community Development & E.nvironn1ental Services Admin. G!1"/Z005 4:03 PM Approved By ConJ¡,tarU:f\ A, JohnsQn O'I~!rilti()n$ Anal~'$t D.atl~ Commun it)! Develop"'!!'»! & Environmental Services Con)lnunity Developln~nt & Environmental Services Admin, 6/15/20058:09 AM Approved By J01ioOph K. Schmd1 Con\munity Development & Environmental SelVices AdlJ1íns.trator Date Coml1mnity Development & ErwimnmC':J'ltal Snrvir.:B!t Community Development &. Envir()"M,cntal ServiCI'!5 AdlT1ì..., 6'17120059:35 PM Approved By OMS COl)rdi,,,,tor Admíl)b.tralivn A$;$;ístant D¡rtf\' County Manager's Offí(:e Office of Management & Budge1: 6120:1200510:51 AM Approved By Gôlry A. VifHwn1 M.ItUl~IHtnenl &. Bud9~t AnalY5t Datj~ County Manager's Office Office of Management & Budget 6120/200511:31 AM Approved B)' Michael Smykowski Managcmenl & Budget Director Date County Manager's 01fice Office of Mnflllg ~ent & Budget 6J'20/2005 1 :29 PM Approved By James. V. Mudd County Manager Date Board of County CamtTIi5<¡ioners County Manager's, Office 6.121/20059:27 AM RESOLUTION NO. 2005-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED Agenda Item No. 16A1 June 28, 2005 Page 3 of 20 WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEONARD WISNIEWSKI LEGAL DESCRIPTION: Lots 33 & 34, BLK 5, Mainline Sub, PB I PG 98, more specifically described in the deed recorded in Official Record Book 2244, Page 1829 of the Public Records of Collier County, Florida. COST: $255.00 REFERENCE: 2717 FOLIO: 56405240008 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by 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 BY; DEPUTY CLERK BY: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: Thom:L6p~51bï~:¡:ttomeY ---- " · ._-----_.-.._--~ BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Agenda Item No. 16A1 June 28. 2005 Page .:( of 20 LEONARD WISNIEWSKI 1209 NORTH T AMIAMI TRAIL #35 NORTH FT. MYERS, FL 33903 REFERENCE 2717 FOLIO 56405240008 RESOLUTION 2005-_ LEGAL DESCRIPTION: Lots 33 & 34, BLK 5, Mainline Sub, PB 1 PG 98, more specifically described in the deed recorded in Official Record Book 2244, Page 1829 of the Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on March 11, 2005, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty-Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of Two Hundred Fifty-Five Dollars ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUN't SPECIFIED IN TillS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. ---~~---~-_._--- ..~-.._-,-'~. RESOLUTION NO. 2005-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED Agenda Item No. 16A1 June 28. 2005 Page 5 of 20 WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: JESUS GOMEZ LEGAL DESCRIPTION: Naples Manor ADD BLK 14 LOT 3, more specifically described in the deed recorded in Official Record Book 1667, Page 783 of the Public Records of Collier County, Florida, a.k.a. 5410 Hardee Street. COST: $255.00 REFERENCE: 2695 FOLIO: 62102840009 The Clerk shall (by regular mail) mail a copy of tþis Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by 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 BY: DEPUTY CLERK BY: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: __Jb~ PJ~ Thomas C. Palmer, Assistant County Attorney -_._.._~.-..-_..,.._..._..- BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Agenda Item No. 16A1 June 28, 2005 Page 6 of 20 JESUS GOMEZ 6034 SW 27TH STREET MIAMI, FL 33155 REFERENCE 2695 FOLIO 62]02840009 RESOLUTION 2005- LEGAL DESCRIPTION: Naples Manor ADD BLK 14 LOT 3, more speéifically described in the deed recorded in Official Record Book 1667, Page 783 of the Public Records of Collier County, Florida, a.k.a. 5410 Hardee Street. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on February 28, 2005, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PRomBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty-Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of Two Hundred Fifty-Five DoUan ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN TmS NOTICE MAY RESULT IN A LIEN AGAINST ~ OF YOUR PROPERTY IN COLLIER COUNTY. ------.------ .,-----"""'''_..~"._- RESOLUTION NO. 2005- Agenda Item No. 16A 1 June 28. 2005 Page 7 of 20 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: FILOMENO AVILA AND MARIA 1. A VILA LEGAL DESCRIPTION: Golden Gate Unit 3 BLK 87 LOT 13, more specifically described in the deed recorded in Official Record Book 2418, Page 807 of the Public Records of Collier County, Florida, a.k.a. 2896 47th Terrace SW. COST: $255.00 REFERENCE: 2716 FOLIO: 35987920003 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of 2005. A TrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DEPUTY CLERK BY: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: )bwt ~~ Thomas C. Palmer, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Agenda Item No. 16A 1 June 28. 2005 Page 8 of 20 FILOMENO AVILA MARIAJ. AVILA 5590 16TH PLACE SW NAPLES, FL 34116 REFERENCE 2716 FOLIO 35987920003 RESOLUTION 2005-_ LEGAL DESCRIPTION: Golden Gate Unit 3 BLK 87 LOT 13, more specifically described in the deed recorded in Official Record Book 2418, Page 807 of the Public Records of Collier County, Florida, a.k.a. 2896 47th Terrace SW. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on December 17, 2004, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty-Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of Two Hundred Fifty-Five DoUars ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN TIDS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. _._-"._'_:....-..._.._-._._.._._.._._.~ RESOLUTION NO. 2005-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED Agenda Item No. 16A1 June 28, 2005 Page 9 of 20 WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: CLAUDE E. LA RUE LEGAL DESCRIPTION: Naples Manor ADD BLK 14 LOT 9, according to plat book 3 pages 67 and 68 recorded in the Public Records of Collier County, subject to three-fourths oil, gas and mineral rights reservation and subject to restrictions, reservations and limitations of record, a.k.a. 5234 Martin Street. COST: $255.00 REFERENCE: 2713 FOLIO: 62092120004 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by 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 BY: DEPUTY CLERK BY: FRED W. COYLE, CHAIRMAN Approved as to fonn and legal sufficiency: )p~ ~w{~- Thomas C. Patmer, Assistant County Attomey -.«...".....,.....,<>,,-,-..,.. ----.--" BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FWRIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Agenda Item No. 16A 1 June 28. 2005 Page 10 of 20 CLAUDE E. LA RUE 7012 CHADWELL ROAD SW HUNTSVILLE, AL 35802 REFERENCE 2713 FOLIO 62092120004 RESOLUTION 2005-_ LEGAL DESCRIPTION: Naples Manor ADD BLK 14 LOT 9, according to plat book 3 pages 67 and 68 recorded in the Public Records of Collier County, subject to three-fourths oil, gas and mineral rights reservation and subject to restrictions, reservations and limitations of record, a.k.a. 5234 Martin Street. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on March 14, 2005, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty-Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of Two Hundred Fifty-Five Dollars ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. RESOLUTION NO. 2005-_ Agenda Item No. 16A 1 June 28, 2005 Page 11 of 20 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annwn. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORlDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LONNIE A. GRAY LEGAL DESCRIPTION: Golden Gate Unit 5 BLK 177 LOT 4, more specifically described in the deed recorded in Official Record Book 2428, Page 137 of the Public Records of Collier County, Florida, a.k.a. 5312 17th Avenue SW. COST: $255.00 REFERENCE: 2712 FOLIO: 36249600002 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of 2005. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORlDA BY: DEPUTY CLERK BY: FRED W. COYLE, CHAIRMAN Approved as to fonn and legal sufficiency: ~?~~ .. Thomas C. Palmer, Assistant County Attorney .............";,;...-......,. Agenda Item No. 16A 1 June 28, 2005 Page 12 of 20 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN LONNIE A. GRAY 531217TH AVENUE SW NAPLES, FL 34116 REFERENCE 2712 FOLIO 36249600002 RESOLUTION 2005-_ LEGAL DESCRIPTION: Golden Gate Unit 5 BLK 177 LOT 4, more specifically described in the deed recorded in Official Record Book 2428, Page 137 of the Public Records of Collier County, Florida, a.k.a. 5312 17th Avenue SW. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did detennine a public nuisance existed and constituted a violation of county regulations on March 1, 2005, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty-Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of Two Hundred Fifty-Five Dollars ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. RESOLUTION NO. 2005- Agenda Item No. 16A1 June 28, 2005 Page 13 jf 20 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR TI-Œ COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance begiIll1ing on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, TI-ŒREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: WILLIAM M. HOOVER TR AND WILLIAM M. HOOVER F AMIL Y TRUST LEGAL DESCRIPTION: Royal Palm Golf Estates Unit 1 BLK F LOT 37, more specifically described in the deed recorded in Official Record Book 3516, Page 1595 of the Public Records of Collier County, Florida, a.k.a. 18546 Royal Hammock Blvd. COST: $255.00 REFERENCE: 2691 FOLIO: 71380840003 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by 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 BY: DEPUTY CLERK BY: FRED W. COYLE, CHAIRMAN Approved as to fonn and legal sufficiency: ~BJ~ Thomas C. Palmer, Assistant County Attorney Agenda Item No. 16A1 June 28. 2005 Page 14 of 20 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN WILLIAM M. HOOVER TR WILLIAM M. HOOVER FAMILY TRUST 203 PALMETTO DUNES CIRCLE NAPLES, FL 34113 REFERENCE 2691 FOLIO 71380840003 RESOLUTION 2005- LEGAL DESCRIPTION: Royal Palm Golf Estates Unit 1 BLK F LOT 37, more specifically described in the deed recorded in Official Record Book 3516, Page 1595 of the Public Records of Collier County, Florida, a.k.a. 18546 Royal Hammock Blvd. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on January 19, 2005, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty-Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of Two Hundred Fifty-Five Dollars ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MA Y RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. _._.._.~--_..._.._.... -'--'-"~'-~-'--'- RESOLUTION NO. 2005-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED Agenda Item No. 16A1 June 28. 2005 Page 15 of 20 WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: WILLIAM M. STONESTREET LEGAL DESCRIPTION: Riverwood Unit 1 BLK CLOT 7, more specifically described in the deed recorded in Official Record Book 1276, Page 142 of the Public Records of Collier County, Florida, a.k.a. 43 Twin Palm Drive. COST: $255.00 REFERENCE: 2687 FOLIO: 69810840006 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by 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 BY: DEPUTY CLERK BY: FRED W. COYLE, CHAIRMAN Approved as to fonn and legal sufficiency: _~~i)~__ Thomas C. Palmer, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Agenda Item No. 16A1 June 28. 2005 Page 16 of 20 WILLIAM M. STONESTREET 28 LAKESHORE DRIVE HUDSON, MA 17493 REFERENCE 2687 FOLIO 69810840006 RESOLUTION 2005- LEGAL DESCRIPTION: Riverwood Unit 1 BLK CLOT 7, more specifically described in the deed recorded in Official Record Book 1276, Page 142 of the Public Records of Collier County, Florida, a.k.a. 43 Twin Palm Drive. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on January 4, 2005, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty-Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of Two Hundred Fifty-Five Dollars ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier CO\mty, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMEL Y PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. Agenda Item No. 16A1 June 28. 2005 Page 17 of 20 RESOLUTION NO. 2005- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successorto Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: CARLOS CASAl AND CLAUDETT CASAl LEGAL DESCRIPTION: Royal Palm GolfEstates UNIT I BLK F LOT 8 COST: $255.00 REFERENCE: 2714 FOLIO: 71379680009 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of 2005. A TrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DEPUTY CLERK BY: FRED W. COYLE, CHAIRMAN Approved as to fonn and legal sufficiency: ~rJ~ Thorn . C. Palmer, Assistant County Attorney ~----_.._.....__... BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Agenda Item No. 16A1 June 28. 2005 Page 18 of 20 CARLOS CASAl CLAUDETT CASAl 8495 SW 103RD STREET MIAMI, FL 33156 REFERENCE 2714 FOLIO 71379680009 RESOLUTION 2005- LEGAL DESCRIPTION: Royal Palm Golf Estates UNIT 1 BLK F LOT 8 You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did detel1Ì1ine a public nuisance existed and constituted a violation of county regulations on January 4, 2005, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty-Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of Two Hundred Fifty-Five Dollars ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. RESOLUTION NO. 2005-_ Agenda Item No. 16A1 June 28, 2005 Page 19 of 20 A RESOLU'I10N OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBUC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances. including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS. such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS. the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessmet\t and interest shall accrue on the unpaid balance beginníng on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COlLIER COUNTY. FLORIDA, that the property described as follows. having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property. is hereby assessed the following costs of such abatement, to wit. NAME: CITY OF NAPLES LEGAL DESCRIPTlON: Golden Gate Estates Unit 83 TR 86. more specifically described in the deed recorded in Official Record Book 2599. Page 1026 of the Public Records of Collier County. COST: $2,200.00 REFERENCE: 2Ø3 FOLIO: 4104Ci800003 The Clerk: shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy. the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County. and by recording shall constitute a lien against the above-described real property, and to the utent allowed by law. shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County. Florida, this _ day of 2005. A TrEST: DWIGIIT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DEPUTY CLERK BY: FRED W. COYLE, CHAIRMAN Approved as to fonn and legal su~ncy: () 1 Oll\A ~ tvL----------- Thomas C. Palmer, Assistant County Attorney -~---~._.---_.,--_.....---- Agenda Item No. 16A1 June 28. 2005 BOARD OF COUNTY COMMISSIONERS Page 20 of 20 THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN CITY OF NAPLES 735 8TH STREET S NAPLES, FL 34102 REFERENCE 2693 FOLIO 41046800003 RESOLUTION 2005-_ LEGAL DESCRIPTION: Golden Gate Estates Unit 83 TR 86, more specifically described in the deed recorded in Official Record Book 2599, Page 1026 of the Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser. are hereby advised that the Code Enforcement Director, did detennine a public nuisance existed and constituted a violation of county regulations on December 28, 2004, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Two Thousand ($2.000.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of Two Thousand Two Hundred ($2,200.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PA Y THE AMOUNT SPECIFIED IN THIS NOTICE MA Y RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. . ..... ..-. ---....-....--..--...... "'"-"--"'-;-II1II Agenda Item No. 16A2 June 28, 2005 Page 1 of 14 EXECUTIVE SUMMARY Recommendation to approve an amendment to the Arbor View Apartments' agreement authorizing an affordable housing density bonus and imposing covenants and restrictions on the real property. OBJECTIVE: To have the Board of County Commissioners (BCC) approve an amendment to the agreement authorizing an affordable housing density bonus and imposing covenants and restrictions on real property for Arbor View Apartments. This amendment wilJ alJow the Arbor View Apartments to convert from affordable rental units to affordable owner-occupied units. CONSIDERATIONS: On September 19, 1997 the BCC entered into an Affordable Housing Density Bonus Agreement with C J Communities, Inc. for their Arbor View Apartments development. The Apartments consist of 168 units, of which seventy-five percent (75%), or 126 units, are affordable housing. The project is completely built out and has been operating as an affordable rental development since that time. C J Communities, Inc. now requests that the BCC amend their Agreement to alJow for the affordable rental units to be sold as owner-occupied affordable housing. Seventy-five percent (75%) of the units wiJJ remain income restricted, affordable, owner-occupied housing to households at or below 80% of the County's median income. FISCAL IMPACT: None GROWTH MANAGEMENT IMP ACT: This request is consistent with the Housing Element of the Growth Management Plan LEGAL CONSIDERATIONS: This request is intemaJJy consistent, complies with alJ applicable laws and is legalJy sufficient for Board consideration and approval. RECOMMENDA TION: That the Board of County Commissioners approve an amendment to the agreement authorizing an affordable housing density bonus and imposing covenants and restrictions on real property for Arbor View Arbor Apartments. Prepared by: Cormac Giblin, Housing and Grants Manager Financial Administration and Housing Item Number Item Summary Meeting Date Agenda Item No. 16A2 June 28. 2005 Page;1 of 14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 'GA2 Recommendation to IJpprove an amendment to the Arbor View ApIJrtments agreement authorizing an affordable housIng density bonus and imposing covenants and restrictions on the real propeny Gi2ß/2005 900,GO AM Prepared By 6!10,'2005 3;20:54 PM Cormac Giblin Community Df!v~loprnt!!nt & Environmental Services D3te: Housing Oevelopment ManAger Financial Admin. & Housing DatE' Approved By Constance A, Johns.on Community Duvclopmcnt & EII"ironnU~tltul S(!:rvi(:(!:s Operation$ Analys.t Community DE\V(!loJ'lm~f1t &. E,w¡t(llIIn~ntnl SItIV¡C!~~i AdlnirL 6í14.'2005 11:30 AM Date Approved By Sandra Lea ComlTtunity Development & Environment;,1 S~rY¡C!~5 Executive Secretary COiyunul1ity DevelQpment & EnvIronmental S«!rvÎCM Arirnin. 6/H·f2005 1 :50 PM D;ate Approved By Conn.1C Giblin Cotntnunity O(!v.~loJlJn~nt & EnvIronmental Sarvices Housing Development Man3g~r Fi"~n¡;;i..1 Alimil\. &. Huusing 6;16120057:32 AM Dute Approyed By Nan<;:y Mcu Community D(!vr.lopnlcnt & Ellvirl)nrrumt..1 Silrvi(;r.$ Arimlt1i'Stratw~ As.til.tant Financial Admin_ & Housing 6!1GI700!.i 8:26 AM Date Approved By De!rton Baker Community Oeví!lopment & EnvironmÐntal Sc-rvic.C's Fmancial Admin & HoUs.ing Direc:.tor Financial Admin_ & Housing 6!17/2005 2;35 PM Date Approved By Joseph K. Schmitt Community DI~v~~h)plTw"1 & Environmental Services Community Dev~lopmfH't .& Enviruttltwu1al ServlC:~5 Adminstmtor Cotnn\IJnlty D~"l!loþment &. Environmental Service!;; Admin. 6!18f2D05 $:40 PM DatI?' Approved By OMS Coordin.a,lor County M~In;:.¡ger's Offiç~ Administrative ASfilstant Office of Mlm¡~nl!tntl!'nt &. Budgf!t &/20/;2005 10:55 AM DatE' Approved By Michael Smykowski County Manager's. Office Management & Budget Oirector Otrice of Man<ti-jemq,nt & Budget 6/20/200S 3:43 PM Date Approved By J..me~ V. Mudd Boal-d at County Commissíoners. County Manager C( lJllty Man..!~~r's OfficI!! ij/20¡'2005 6:34 PM Agenda Item No. 16A2 June 28, 2005 Page 3 of 14 Prepared by ; Patrick G. White Ass't Collier County Att'y. 3301 Tamiami Trail East Naples, FL 34112 This space for recording AMENDMENT TO AGREEMENT AUTHORIZING AFFORDABLE HOUSING DENSITY BONUS AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY FOR ARBOR VIEW THIS Amendment to AGREEMENT is made this 28th day of June, 2005, by and between C J Communities, Inc. (the "Developer") and the Collier County Board of Commissioners (the "Commission"), collectively the Parties. RECITALS WHEREAS, the County and Developer previously agreed to certain terms under the prior Agreement between the Parties recorded on December 30, 1997, at O.R. Book 2375, Page 1365, which provided for rental units of affordable housing; and WHERAS, the Parties now desire to modify those terms as follows to allow the Developer to provide for 100% owner-occupied housing of which 75% will be affordable housing at 80% or less of median income; and WHEREAS, the Developer continues to own a tract of real property described as the North 300 feet of the North 1/2 of the North 1/2 of the Southwest 1/4 of the Northeast 1/4 of Section 10, Township 48 South, Range 25 East, Collier County, Florida, lying West of the Tamiami Trail (State RoadNo.45), and also the South 1/2 of the North 1/2 of the Northeast 1/4 lying West of Old US 41 in Section 10, Township 48 South, Range 25 East, Collier County. Florida. (the "Property"), comprising a gross acreage of the Property of 22.36 acres; and WHEREAS, it is the Developer's present intent to construct a maximum of 168 residential units (the "Units") at a reduced density of 7.50 units per gross acre on the Property, such that the number of affordable Units constructed by the Developer will be reduced from 168 to 126 units which represents 75 percent of the total number of owner-occupied residential Units in the development; and that 25% (42) of the owner-occupied units will not be restricted as to household Page 1 of 12 Agenda Item No. 16A2 June 28, 2005 Page 4 of 14 income. NOW, THEREFORE, in consideration of the foregoing Recitals and the more accurate grant of a slightly reduced density bonus of 4.50 units per acre (UPA)(down from 4.52 UPA) now requested by the Developer, and the corresponding benefits conferred thereby on the Property, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby covenant and agree to Amend their prior Agreement in the same numbered paragraphs as found in the original Agreement as follows, expressed in under-lined and strike-through manner: 1. Recitals. The above Recitals are true and correct and are incorporated herein by reference. 2. Developer Agreements. The Developer hereby agrees that it shall construct 168 Units which 20% of the Units' ronts shall not exceed the 'lory low income (50% median inoome) and 80% of the units' rents shall not exceed the 10'.\1 income (60% of median inoomo) rent calculations and shall be rented sold in accordanoe with the terms and conditions of this Agreement and as specified by the attached Appendix A, Exhibit A, Exhibit B and Exhibit C, which Appendix is incorporated by reference herein and constitutes a part of this Agreement. Appendix A, Exhibits A, ß, and C reflect that 75% of the units will be reserved for households who's incomes do not exceed the follo'J·¡jng income limits: 20% of the unit~ @ 50% of median income, '10% of the units @ 60% of modian income, 15% of the units @ 80% of median income. 25% of the units will not be restricted as to household income. Tho Developer shall provide on site m~magement to assure appropriate security, maint.enance and appear:moo of the development and the dv:elling Unite, a. The following provisions shall be applícable to the affordable Units: Definitions. Any and all definitions provided by Ordinanoe No. 90 89, the Land Development Code. as amended, are hereby incorporated by reference. * 'I< * * * 'I< 'I< 'I< * * 'I< (4) Eligibility and Qualification of Tenant Buver. Family income eligibility is a three-step process: 1) submittal of an application by a prospective tenant buyer; 2) verification of family income; and 3) execution of an income certification form. All three steps shall be accomplished prior to a tenant buyer being qualified as an eligible family to feffi purchase and occupy an affordable housing unit pursuant to the affordable housing density bonus program. No person shall occupy an affordable housing reserved unit províded under this affordable housing density bonus agreement prior to being qualified at the appropriate level of income (low or very low income) in Page 2 of 12 Agenda Item No. 16A2 June 28, 2005 Page 5 of 14 accordance with this Section. The Developer shall be responsible for qualifying tenants buyers by accepting applications from ten3nts buyers, verifying income and obtaining income certification for all affordable reserved units in the subject development. All applications, forms and other documentation required by this Agreement shaH be provided to the Housing and Urban Improvement Director (now known as the Financial Administration and Housinq Director). Qualification by the Developer of any ten3nt buyer as an eligible tonant buyer family shall be subject to review and approval in accordance with the monitoring and enforcement program created and adopted by Resolution of the Commission. (a) Application. A potential tenant buyer shall apply to the developer, owner, manager, or agent to qualify as a low or very low income family for the purpose of renting purchasinQ and occupying an affordable housing reserved rental unit pursuant to the affordable housing density program. The Preliminary Application for Affordable Housing Reserved Unit shall be provided by the Housing and Urban Improvement Director as shown in Appendix 8, Exhibit A, attached to this Agreement and incorporated by reference herein. (b) Income Verification and Certification. No affordable housing reserved Unit in the development shall be rented sold to a ten3nt buyer whose household income has not been verified and certified in accordance with this Agreement and Ordinance No. 00-39 the Land Development Code, as amended, as a low or very low income family. Ten3nt income verification and certification sh311 be repeated annually to assure continued eligibility. (c) Income Verification. The Developer shall obtain written verification from the potential occupant buyer (including the entire household) to verify all regular sources of income (including the entire household). The most recent year's federal income tax return for the potential occupants (including the entire household) may be used for the purpose of income verification, if attached to the Affordable Housing Applicant Income Verification form, which includes a statement to release information, tenant buyer verification of the return, and a signature block with the date of application. The verification shall be valid for up to ninety (90) days prior to occupancy. Upon expiration of the 90 day period, the information may be verbally updated from the original sources for an additional 30 days, provided it has been documented by the person preparing the original verification. After this time, a new verification form must be completed. The Affordable Housing Applicant Income Verification form shall be provided by the Housing and Urban Improvement Director as shown in Appendix Page 3 of 12 Agenda Item No. 16A2 June 28, 2005 Page 6 of 14 B, Exhibit B, attached to this Agreement and incorporated by reference herein. (d) Income Certification. Upon receipt of the Preliminary Application for affordable Housing Unit and Affordable Housing Applicant Income Verification form, the Developer shall require that an income certification form shall be executed by the potential tenant buyer (including the entire household) prior to feAtaJ purchase and occupancy of the affordable housing reserved unit by the tenant buyer. Income certification shall assure that the potential occupant has a moderate, low or very low household income which qualifies the potential occupant as an eligible family to feAt buy and occupy an affordable housing reserved unit under the affordable housing density bonus program. The Affordable Housing Applicant Income Certification form shall be provided by the Housing and Urban Improvement Director as shown in Appendix B, Exhibit C, attached to this. Agreement and incorporated by reference herein. (e) Rental Sales Agreement. At a minimum, the ~ sales agreement shall include the following: (i) name, address, and telephone number of the head of household and all other occupants; (ii) a description of the unit to be rented purchased (iii) the term of the lease (i¥ll) the ~ purchase amount Qv) the use of the premises (Vf) monitoring and enforcement provisions, including disqualification of tenant; and (vii) the rights and obligations of the parties. Random inspection of files containing required documentation to verify occupancy in accordable with this Agreement and Ordinance No. 90 89 the Land Development Code, as amended, may be conducted by the Housing and Urban Improvement Director. (5) Disqualification of Tenant. In the eyent that tenant qualification is not subsequently confirmed by the Housing and Urban Improvement Director or his designee, then such ton ant shall be required to vacate the affordable unit. If tenant vacation of the affordable unit is the result of an error, omission or misrepresentation made by the Developer, tenant shall vacate the aff-ordable unit within thirty (30) days and Developer shall pay penalties as provided by the monitoring and enforcement program. If tonant vacation of tho affordable unit is the result of a misrepresentation made by the tenant, tonant shall 'acate the affordable unit within 15 days and shall pay penaltiec as providod by the monitoring and enforcement program. Such eventuality shall be expressly dotailed in the lease Page 4 of 12 '~_._~·--"_''"''~_'"'-'''''____·_''''__M' Agenda Item No. 16A2 June 28, 2005 Page7of14 3groement. (9Q) Annual Progress and Monitoring Report. The Developer shall provide the Housing and Urban Improvement Director an annual progress and monitoring report regarding the delivery of affordable housing feAt.al units throughout the period of their construction, feAtaI. sale and occupancy. The annual progress and monitoring report shall, at a minimum, provide any information reasonably required to insure compliance with Ordin3nce No. 90 89 the Land Development Code or subsequent amendments thereto. The report shall be filed on or before September 30 of each year and the report shall be submitted by the Developer to the Housing and Urban Improvement Director. Failure to complete and submit the monitoring report to the Housing and Urban Improvement Director within sixty (60) days from the due date shall result in a penalty of up to fifty dollars ($50.00) per day unless a written extension not to exceed thirty (30) days is requested prior to expiration of the sixty (60) day submission deadline. No more than one such extension may be granted in a single year. The progress and monitoring report shall be in a form provided by the Housing and Urban Improvement Director. (72) Occupancy Restrictions. No Affordable Reserved Unit in any building or structure on the property shall be occupied by the Developer, any person related to or affiliated with the Developer, or by a resident manager. 3. Density Bonus. The Commission hereby acknowledges that the Developer has met all required conditions to qualify for a density bonus, in addition to the base residential density of 3 units per acre, and is therefore granted a density bonus of 4.5~º density bonus units per acre, for a total (total = density bonus units per acre x gross acreage) of 101 density bonus units, pursuant to Collier County Affordablo Housing Density Bonus Ordinance No. 90 89 the Land Development Code. The Commission further agrees that the Developer may construct thereon, in the aggregate a maximum number of 168 units on the Property provided the Developer is able to secure building permits(s) from Collier County. Page 5 of 12 Agenda Item No. 16A2 June 28, 2005 Page 8 of 14 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. as of the day and year first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk FRED W. COYLE, CHAIRMAN Witnesses: DEVELOPER C J Communities, Inc. By: Charles Erdman, Jr., President and sufficiency: Patrick. ite Assistant County Attorney STATE OF FLORIDA ) ) ss. COUNTY OF COLLIER ) The foregoing Amendment to Agreement Authorizing Affordable Housing Density Bonus and Imposing Covenants and Restrictions on Real Property was acknowledged before me by Charles J. Erdman Jr. WITNESS my hand and official seal the day of 2005. Notary Public My Commission Expires: Page 6 of 12 Agenda Item No. 16A2 June 28, 2005 Page 9 of 14 Appendix A, Exhibit A ,RENTAL NUMBER OF AFFORDABLE HOUSING UNITS MONTHLY BASE RENTS NUMBER OF UNITS BASE RENT Single Multi Single Multi Family Family Family Family LOW INCOME Efficiency 0 0 N/A N/A 1 Bed room 0 0 N/A N/A 2 Bedroom-êQ.% 80% 0 ::ffl 72 N/A ~N/A 3 Bedroom-êG-% 80% 0 4ß45 N/A ~N/A 4 Bedroom-êG-% 80% 0 w§t N/A ~N/A TOTAL 0 4-ð4 126 VERY LOW INCOME Efficiency 0 0 N/A N/A 1 Bedroom 0 0 N/A N/A 2 Bedroom-50% 0 ~O , N/A ~N/A I 3 Bedroom-50% 0 I ~O ! N/A ~N/A 4 Bedroom-50% 0 I ~-º N/A ~N/A i I TOTAL 0 MO (1) Base residential density allowed in this development 3 units per acre. (2) Gross Acreage 22.36. (3) Maximum number of affordable housing density bonus units allowed in this development pursuant to section 7 Ordinance 90-89. 8 units/acres. (4) Gross residential density of this development (including affordable housing units) 7.52 units/acre. (5) Percentage of affordable units pledged by the developer (as a percent of the total number of units in the development), 100% of 311 unit rent levels will not exceed the ICYN income (60% modian income) rent c3loul3tions. 75% of the units will be reserved for households whose income levels are at or below the follm\'ing income limits: 20% of the units @ 50% of modi3n income, 40% of the units @ 60% of modi3n income, 15% of the units @ 80% of median income. 25% of the units will not have household income restrictions. * Plus applic3blo utility 3110w3noos. Page 7 of 12 Agenda Item No. 16A2 June 28. 2005 Page 10 of 14 Appendix A, Exhibit 8 AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM * * * * * * * * * * * Please calculate your density bonus in the space provided below. Attach additional pages of necessary. 2ßR ~ æ% ðGeJ:e Very LO\'I 4 4.G hew J 4,.ã 8.5 X 22.36 X 57% 108 Units ~ Very Low ã M hew 4 ~ 13.5 X 22.36 X 36% - 109 Units 4BR Very Low ã M hew 4 " 13.5 X 22.36 X 7% 21 Units .=. Tot31 Bonus Units 238 Units Maximum Bonus Units Allowable 22.36 X 8 - 178 Units 124 units @ Moderate (80%Ml) 2. 3. & 4 bedrooms = +4.5 Affordable Housing Density Bonus Page 8 of 12 Agenda Item No. 16A2 June 28,2005 Page 11 of 14 Appendix A, Exhibit C Arbor View Apartments Rent Calculations - N/A Median Income Limits :are based upon figures provided by the United StatO£) Department of Housing and Urban Development 3nd subject to poriodic ch3ngo. TWO BEDROOM UNITS (Based on a 1 person household) 50% Median Income $25,650 x 30% ; 12 months Less: Utility /\lIow3nce Monthly Ront 7,695 6-11 95 $ 516 60% Median Income $30,780 x 30% 9,23-1 ; 12 months 770 Less: Utility Nlow::mce 95 Monthly Rent $675 THREE 8EDROOM UNITS (Based on 3 6 person household) 50% Median Income $29,750 x 30% ; 12 months Less: Utility Allo'N3nce Monthly Rent 8,925 714 137 $ 607 60% Median Income $35,700 x 30% ; 12 months Less: Utility 1\lIowance Monthly Rent 10,710 893 137 $756 FOUR 8EDROOM UNITS (Based on 3 7 person household) 50% Median Income $31,800 x 30% ; 12 months Less: Utility ^1I<Y.vanco Monthly Rent 9,510 795 162 $633 60% Median Income $38,160 x 30% ; 12 months Less: Utility AlloW3nce Monthly Rent 11,1-18 951 162 $; 792 Page 9 of 12 Agenda Item No. 16A2 June 28, 2005 Page 12 of 14 Appendix C Developer Application For Affordable Housing Density Bonus * * * * * * * * * * * 3. Gross density of the proposed development 7 .~º units/acre. Gross Acreage of the proposed development 22.36 acres. * * * * * * * * 1< 1< * Page 10 of 12 -_._~..._.--- Agenda Item No. 16A2 June 28, 2005 Page 13 of 14 Appendix C Developer Application For Affordable Housing Density Bonus * * * * * * * ." * * ." 6. Please complete the following tables as they apply to the proposed development. Note: This table is an estimate of the unit mix of the affordable reserved units. The actual units 2 BR, 3 BR, 4 BR mix of affordable reserved units may vary. In any event, tho numbor of unitß which will moet the 3ffordable housing density bonus requirementß 'Nill be 168 total units. 75% of the units (126) will be reserved for households with the following income: 20% of the unitß @ 50% of medk:m income, '10% of the unitß @ 60% of median income, 15% of the units @ or below 80% of median income. 25% of the units (42) will not be restricted as to household income. TABLE I Total Number of Units in Development Type of Unit Efficiency One Bedroom Two Bedroom Three Bedroom Four Total TABLE II LOW INCOME Median Efficiency 0 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom Total LOW INCOME Median Efficiency 0 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom Total Rental --Õ W êG ~ 4ê8 Owner Occupied o G96 G60 Qj,l G128 Number of Affordable Housinq: Units Total Number of Affordable Units in Development Owner Rental Occupied Proposed Use for Density Bonus Units Owner Rental Occupied 80% o 44Q 9Q ~Q 2ðQ 60% 0 0 0 0 0 0 G72 -14Q G47 G45 9Q G45 GfJ. ~Q Q~ G126 ~Q G101 0 0 0 0 0 0 0 ~Q 0 0 ~Q 0 0 ãQ 0 0 ê-1Q 0 o ~Q 24Q ãQ &7Q Page 11 of 12 Agenda Item No. 16A2 June 28, 2005 Page 14 of 14 Appendix C Developer Application for Affordable Housing Density Bonus TABLE II (Continued) Total Number of Affordable Units Proposed Use for in Development Density Bonus Units Owner Owner Rental Occupied Rental Occu pied VERY LOW INCOME Efficiency 0 0 0 0 1 Bedroom 0 0 0 0 2 Bedroom ~O 0 ~O 0 3 Bedroom ~o 0 ~O 0 4 Bed room 2:Q 0 2Q 0 Total MQ 0 MQ 0 ;:, ;~ ff 'j; :'.' ~! Page 12 of 12 . _......,.,..._'--,.- Agenda Item No. 16A3 June 28, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Ashton Place", 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 "Ashton Place", a subdivision of lands located in Section 22, Township 50 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-199. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Ashton Place". 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 "Ashton Place" be approved for recording. FISCAL IMPACT: The project cost is $628,728.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $174,614.67 - $454,113.33 The Security amount, equal to 110% of the project cost, is $691,600.80 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: $19,991.84 Agenda Item No. 16A3 June 28, 2005 Fees are based on a construction estimate of $628,728.00 and were paidf1me 2 of 4 August, 2004. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5./ac) -$1,130.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) - $ 1,309.61 c) Drainage, Paving, Grading (.75% const. est.) - $ 3,405.85 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $ 3,928.84 e) Drainage, Paving, Grading(2.25%const.est.) - $10,217.54 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. HISTORICAL/ARCHAEOLOGICAL 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 "Ashton Place" for recording with the following stipulations: 1. Approve the amount of $691,600.80 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services Department. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Services Department Director and the County Attorney's office. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department Aqenda Item No. 16A3 . June 28, 2005 Pag~ 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16A3 Meeting Date Recommendation to approve for recording Ihe final plat of -Ashton Place" approvalofthe standard form Construction and Maintenance: A.greement and approval o(lhe amount of Ihe pertQrmapce security 6126/20059'00.00 AM Prepared By Date John Houldsworth Senior En!Jine-er 6f13í2005 3:57:03 PM Comtnunity Devj~I<lfllnellt &. Envíronmental Se-rvices Eoniru~(!rill!J Service,; Approved By Thorn.." Ë. Kur.k, P.E. CDES Engineering Services Director Date Community De.....r.lopment & EnvironmtmtQI Services CDES EngIneering Servit:.es 6113i2005 4:15 PM Approved By Constanc:e A. Johnson Operations Analyst DatI'!' Community Development & Envif'Onme:ntal Services Community Development &. EnvIronmental Servh;c5 Admin. Gf104i200511:31 AM Approved By Sandra Lea Exccutive Secretary Community D,!velnprnent & Environmental Services Admin. Date COlTlrnuníty ()evj~laIJlI1i~lt &. Environme!1t31 Services 6i14120D51:"'ð PM Approved By Joseph K. Sr..hmitt Community Development & Environmental Services Adminstrator Date Community Developml!:nt &. Communj :y Dcvel{)pmf!"n1 & EnvinmmlPntal S~rvi(:e$ Admin. &/1&/20055:46 PM E,witoumental S'~rvic¡~!> Approved By OMS Coordinator Administrative A.:uìstant Da1e County Managtrr'~ OrhCI~ ONice of Managemet'l1 & Budget 6'20/200510:55 AM Approved By Michael Smykow!l.ki Manageme"t & Budget Director Date County Manager's Office Office of Management & Budget 6/20/20051 :01 PM Approved By Jilmf!":t V. Mudd County Mnnngcr Date Board of County CommisSfQners. County Manager's Ol'ficc &;20/2005 $.:12 PM ,- (")I.!)"," ~gõ .-N_"," 000 (l) ZN?5' E~o... (l):J ::= J ro "'0 c (l) 0) « . 11V:JS 01 J.ON / -.- - ~ij ~ ~ ~ ~ :0' l i f-Z °0 ~~ . w- ~. :! ~ ~ dr~ .!;¡: .~ °0 N i: 0 ~ i - 0:0 ~~ J§ IL...J .~ ~~~ ~d ~~ ~ .. ~ ig ~~ ::. ~~ ~dO ~ e ~ @! .u ·r § ~~ i d z§ ~ ~ ;~ ~ - ;g ~ ~ ~ ~ u~_ U~N ~~ ~- ~ ;; a.. « ~ UJ t- en UJ u <I: ..J II.. Z o ..... :J: <n <I: :0' a.. « ~ ~ z o ~ u o ...J Agenda Item No. 16A4 June 28, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve a request for reimbursement and declare an educational workshop as serving a valid public purpose OBJECTIVE: For the Board of County Commissioners to approve a request for reimbursement for Robert Murray, Collier County Planning Commissioner, and declare the educational workshop he attended as serving a valid public purpose. CONSIDERATIONS: The Florida Center for Environmental Studies hosted an educational workshop entitled "Southwest Florida: Can Nature Survive Our Growth?" on Aprill, 2005 at Florida Gulf Coast University. The workshop provided an overview of the Comprehensive Everglades Restoration Plan and focused on the challenges of Southwest Florida restoration/preservation projects. The workshop was designed specifically for private-sector and local government decision-makers, including members of ZOIÙng, planning, land-use and utility boards. Discussions fTamed restoration issues for people making decisions about land and water and provided a context for understanding restoration and preservation initiatives. A copy ofthe program, marked Exhibit A, is attached. Members of the Collier County Planning Commission, which includes Mr. Murray, hear testimony on land use petitions and make recommendations to the Board of County Commissioners for their final consideration. The infonnation offered at the workshop serves to strengthen the decision-making ability of Commission members and enhance the service currently being provided and thus serves a valid public purpose. FISCAL IMPACT: Funds in the amount of $35.00 are available in the Community Development and Environmental Services Administration budget. GROWTH MANAGEMENT IMP ACT: There is no Growth Management impact with this petition. RECOMMENDATION: That the Board of County Commissioners authorize payment for reimbursement by the Clerk, and declare that Collier County Planning Commissioner Robert Murray's participation in the educational workshop entitled "Southwest Florida: Can Nature Survive Our Growth?" hosted by Florida Center for Environmental Studies served a valid public purpose. Prepared by: Constance Johnson, Operations Analyst, Commwtity Development & Environmental Services Agenda Item No 16A4 June 28, 2005 Page 2 01 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~ Item Number 16A4 Item Summary Recommendation to approve a request for reimbursement and declare a/1 eaucatlonal workshop as serving a valid public purpose Meeting Date 6128/20059:00:00 AM Approved By JnSflph K. SchtJIHt Community Development & Environmental Sa:rvice!Õ Adminsf,;¡tDr Date- CommunIty Development & Environmental Services Community Development & Environmental Services A.dmin, 6/201200512:11 PM Approved By OMS Cuoniinator Admjni$t "¡~ti\lt! Assj!rt;¡nt Date County Manager's Office Office of Management & Budget &120/2005 1 :04 PM Approved By Midls!!1 Smykow!>ki Mllllng(lntent" Budget Dirfldt)f D..b~ County Manager's Office Office of Management & Budge1 61.20/20051:17 PfA Approved By Jam~5. V. Mudd County Manøger Date Board of County CornlTl¡! .s¡on~r5 County Manager's OfficE &f20/2CJOS 3:49 PM . iorida (enter for Envir..mental Studies ,-'t)rida Atlantic University , :.Z RCA Blvd., Suite 32JO ¡)alm Beach Gardens, FL 33410 COOPERATING SPONSORS: Wi,.,MIIIB, ".w CJirrJctIoYJs In~, DIsØI & EfItIN'.nø . \ ~ '~.--~ -",""'1','1, ! ~ Ii: 'i . . ~ ;!' ~ c 'ö: / 'II-,~M""'" .- -.---.-. ----- ::Q o V'I z 2 VI tJ Z ~ IX u, .... o 8 .~ . ~ :Ai 11 . t:: <~c 000.... æu~ qu..~ _.....J 7- u.. ::;':;1 Ü ,/ * - .~ N * 8 t" ~ . - ~~;\~ I 8 " :e ~ ...ill. -0 := 0 % l/"It'-- L >- <.) c "":0'0 . . .... t"i Q\ .~-...;:;. QJ 1 ~ ~.... ~I \ ~ ~~ r õ Ur ð - l;>= ~ ~ I Q\ ..... -t,Ë !IH~ §'Ill'\NQJr- ..c: ~~ "€ ':;j È ... s~~~r: ..> 8 -!5 ..§ . Qj ;~ 0'- . ¡.fJ ..;::- 2 ~ ê~~~,* .... c: N ...., '" '. ~ ~j <: ""'::;.-,...c:: i ;.z _::::s . ,¿ .J: " ~ ,,~ ;.:;¡ ~ . ;,j~ ¡:: ;':::lI"~aò" I i- J: '" .- :< 0 =1;; = '" ci. .:: c: <I) ;; ;E-":"",õ >< ;¡ ð 0·- ¡, ~ ~ .£ 0 ~ > 1::1' 1 2 ~ ;.:) ~ '" ~N ..l1li: ð .:.~ 2,..:¥. X ¡:¡: I . - II ¡., lJ UJ ~t:':j ~ ~ f- -;>';S~~ < .~:i'~ "'I:j ] ~.1! . .: ~~ i æ ~ t. !:: - ä~r<'\oo i .::; ~u ... -.:; 0 ¿¡ ~ "N-.t" ~ ~ '-: ;.; :¡;¡ ...~ <:.: ~14 _ ·IJ .... 6-IN t~ == == ;:; § 'oJ c:: ~ ~"1~~ .Q ::Iu "" · c:: ~ I .;¡l.7 ij ..E ]1~ QJ .&- ;s ~~ Q, ~~ e .. ~~. N~ Ô '" '- U ::I c:.. ;::Ii=.!! ~ ~ ~ ... &~~~ Po:. '" ~ ~ >- c:: ..2 ð ~s:: "' ~ '::T ~u ~ 1; ~ 1l.o0\-ä - - 'fi ¡;¡.. ~ 1 ~ l'f' ~..j~õ 0 8 8 ~ '5 ...... ~ ex iI: ... . ~ 'i 0 (~ § U 1:: Q., ,=~ ...¡;2 d .,; Q, ·t ~ ] .¿ .2 0'" ,... ~ - -- '" o - r"'I r"'I Q, ë;¡ ... ..... ... § ;.;; '" c ~ fFT ~ -0 ,~ ., cl=:l g ~ t; ~ ... ~ . . . .J: \ :; '" ~, * ¡;¡.. u.. uJ U :.J 'J; - J ~v 5'0 /Nv 61X)(j) ZNOJ (1j Eêo.. (j)::J ::: -, (1j .. .. ~ ï::--.:::i .::; ;> 4I.l5 c:: ..;a ~ ~ . .~ ~ ~ ·ã ~ fa § 1 ·2 (/'i -S >- ~ (!: '" '" .- ~ ._ ~ ~ ~ w ~ - . ~ ~ M !:I 'õ'f¡ [v '.15 i 8 I.:: ~ ~ E ge~ e"!!!':::1:1~a:OJ z ::>.;:: -"'t:I c. .- '1i! -;: i:: ~ ~ c ... U 5 "?1fJ ~ .;0 Q."" ~ ~ ~ .s ~ ~ .g ~] g ~ .j .~ ~ ~uö ~ ~ tf ~ ~S ~ .¡ .5 t;; 'C (/') > ~.:::I ... ::I e o ..:= ~:;:._;::: t '" -< --5 'õ ... ti: ~ :; .~ ~ ~ -'!! Q.~ . c: ... ~ ......ü C"'IIJ--¡;¡I:: -C:::;"'C; ~ .E ~ ~...5 l! ~ š B ~:;: g .;: ,. -0'- C j it.! tt jc:2 Q.~ .£j~]~ æo.. ~j ~¡. ~ 1: ~ :r¡c ~t.! j >-.¡;;; :'..Q¡¡ "'Õ.~ -6.5- '¡j"ð j- ~.~ .~ § ð ~ ~ .~ § ~ 8 _ ::9 Q.~..,. If;.l9 01) 1, ILl ~ 9 T--"5 ~ u .... ~... ... ~ .£ .¡! .!:j ~ .:::-t,:: ~c::~ ¡:5~~~~~ "Ii ~.. ~~.:¡¡.. . ... :.! ~ ~.5 <: ð"ê !S.~j ~ ª ~ ä ~ <; ~ ~ð~ ~J111'~ðl B~~ -o'i51 ~g f¡.Jd æ j '"t -g.E ~ ~ '" .5 ~ ~":;: ;;....IIJ~ ~ ~ ~ ~ -~ 'ë .~ 1 ~ ~ .~~ '5; ~ ~ ~ i Q. .;> "'8 S!! £h::.. "'.... ~-g §.ü ~ ri ~ 1: § ti '" ... c: >- t,,) -ö _ .~ - E: ...s¡ .-:. 3 ~ ~ ..: ¡: ~ .:2 ~~"'.:z":"~E 5 ~~~~ª,~~1~ ~ ~ '" 1'~ ~ ~] ~ ~'E ~ ~ ~ ~~....- 1 ~ ] 1 ~:~ ~ ~ ] ~. = ~1å i ¡,¡ ~ '!J i~ u c::: .- co >- 0 c; s'- t.! 'Ø ..... 0 c::: i:E .- ~ .- .!!'I æ 0 §::;.1fJ::I ã ~ ë. "'B ¡ § .~ ~.2 ~ g ~ - = ~ § Q 01) '¡;; .:: ...... 2f.- .- u......5 ~ m ., ã - 0 ~ _1...,·... - 'c c. "" '" c::... ;: 0.. :: 0 00 '- F _ r-~ ~ .f#') ~.... (J .5 ~ ::-Er~..r;: c.= ~ :Ëf r~ ~ ::. ~ 'r, ~_-...J:ri --=-~~ -6.-6 '" ~ ~ E E ~ ~ . Jr iii!. ~ .:_0 ~o"- OJ Õ -::::: or -ii,:>_¡;; -=-¡.:!~u;;~ Xi E ¡,¡,. ",.;;;¡ ~ . -6 ::::.L = v F ~ §.~ a, ~ ~ =' c :0 ~ ...... ~ ~ ~ E .. 0 .§ .~ '.... ~.... - ;.... ;,..... ~ - ,- ~-..c'- C.(¡ - c; ~ ~ ~ ,.f ... t).¡¡"'C ~-:=~-¡;;,. ';;( ~.:.= re ~ >( ':': ~ E, ~ ~-: v c .~ §- æ d; r~ æ ü: ~": ... ... ~ ~ ~ w. r¡,..""" 0... .-., .;; ...:_ ...:..c ~(f'j ~= ~-'__ . ¡!!' t: . 13 ,::·-.5 c "'- I ., 0 ;; ~ ~ l..:I: $ '': §" ~ (i\ r;: ::: -i: S§!8 ~ 6 ð -£:, :7:. ~ ..!- ~=~ B. ~g:¡_.:= . e.. j .~ t1 E 5 ~ ,~.9:ê ~ ~ r.:.~ rL > dS ::: e-.- > ""=' =~" '." 11 0 p .~ ~ -£ ~ JS g :;-; O~~~Q. ;1~~~!)Ç.. C t;!í.,... .- -~ :,( Et - ... ~ J' 4,; ð Š c:!=: ~ 4) 4-...t:.-::: '7 .:: ~ :::J;::,::" S /;;>.c. t?;:., ~, ~ .0 ~ ~...,:¡¿; ~ ~.;:¡:; ~ :ê ¡:; <.J ¡;¡ > ¡:; -.::: E.-' ! æ~ 5>0 -2 ¡£ ~¡,,;:5.i: . -= t é J~.B ~.~~ ~ '" ""r: tÈ ~ t 0 ~ .~ tt: :H .-:: . i:::J .r¿ (5~~1 1u...¡¡: ~ ~ ~f ~ ~~ I_J ·I·§~~ ~ E ..štj~ ~ 'E 3 ~ ~ ~ ~ j :g Æ :~ F~~~~ ~ Sl j~ ~i~ ~l tB'" < £----. jO! ! ""3 ~ ! ¡ ~ æ ~ .g ~ ~ § 1 ij ~ t ~ ~ 1 ;~~ ã~ ~~j'i-'~] ::;. ~ &&'c U"'S¡ ~ ~ ~ .~ ~ § £ ~ ~ - ~ ~ ~ a~~ ~~ ~glj ~1'~ ·r ~ J! '5' i Æ ~ J; ~ f ~ ~ s:.";; â ~ ~ ~ ~ 11 .; š ë~e !1 ~1Jf*'¡¡~-! .!~J1 ~ ~ ,jj¡:,." s §_~ -'" ~ õ .~ = . ¡:,." ~~ .~ ~l- !>.> ..s. ~~iõ "111. ~ i i ~ j '§ l 'j ¡ ~ ~ 1 ~ ~ë æ~EJ1iè2~% ~ !.g!·æ .~~. ~ j ~ ~ ~ 1 ~ .~ ~ l~J~~ ~~iël~6 j1:~ 1ff ¡¡~'J :I~~ ~~ 1" i >'2 s ~ ~ -; ~ .~ ~ ~ ~ ~ ~-i ~'. ~ t ~~).~ 1 H1t1 U u ~l~ iH ~ ~ .it ~:~ r ~ .~~} t·~ ~ -t.~ i a ~ l'~ ~ ~ ~·R l:r æ! & 8 ~ S ~ £' !§ ~ ~ d E ~ .~ ~ ~ 1; ~ -!J B ij ~ ~ .~ ~ ~ ~ ~ ~ ~ ~.r¡ ~ ª j š ~. J ~ ~ j S...b 2! ¡¡¡.-.::! ë.. ;c ~ )Ii: ~ ~ i '"~1S' ~J~ l ~ s:i !j ~I - 1 .~ ~ ~ ~ 6 ~ ~ rJ ~ g ~ ~l~! ~]i jl'!~ I!' ':? ~ ~ ~ I ~ .~ u. -1 8 J .5 ~ § -t; ~ j ",.g - ;.,;:' 1 <3 -1...-: @ .. ~ c ] 13 ~ ~ Ë i ~ .= ~ j ~ ~ f e ~ j '1 ~ ~ ~ ~j": ~ ~ ~ i ~ j ~ c ~ ¡j ~ ~ -i:~ j !1 ~ á! J ~ ~ ~ '-', --' ~ :: ~ ~ r.l: ,~ r:¡ t -ð J I ð c z ß ,,'.. I Š~ .~ I· ..... ! ~ ~ ð ~ 1 j ~ ~ w '- " .J ~ .-.- ::: ä <11' \: ~ 0 .. , ~ a x U ftI ~ ;:: ""2 . ,- '" ( T"<... . . I> . '" w j- ð 4) ¡:; >'- ~ ~ :~. ..0 .~ .. ,v " . .>' en ~ >< C'G .. ...... - :::! ð c' '.' . Ji :§ ~~J c~~ ~ ~o: ~~ JU.~~j~jU~~i§Hd~HHf 11 "E.J. t~....~.,..~,.,.,..i.... jl ~. J.ë5 ~ ÞOJ3 ~ ~ ~ ~tf ~.§ í3ð ; 8.~. !II -'I ~.¡,¡; ð .:: ~ ~H! - 5 4.1 -s ~ ~.:: ..... U .. _ õ c,," J l.~ '. J ~ J j J'ð ~ l ~] l ~ ;B æ J ~ ð ~~ ~ # ~ É· r; *t ~ ~ ~~ ~ d ~n ~ ~ .. 13 Š ". g ¡" 1 ~ .~ ~i /;;>.c :..<:~!ii j ":.,;. ~ ~ .S 0 '-J ~ .¥ i' .~ ~. ~ ~ ¡ 1 ~ ~ . ~ ~J5 , . ]' d (., ~ i c ð i ~ f ~ f l'i ~ ~ .( ~ ~ J! ª ~ g ~ -~ ~ ~ 'j¡-";:!>'- ~~, ~J!lz(/'):=- ~~. 'ii. '. ., '1.. u ·m. cj... '. ~ ~ if..£ ~ 0 ::g ¡¡; -'e é.. .6 I!: ~ ~ ;,. 6~ < ": § ~ ð ~ ~ ~ ~ ,2:::' ~ <J"~~i&~~ ~ J~ ~ ~~ .:i § 0 J 1 ~ r¿æ '.-5....~. . ,r,. >. i.' .......~.. 0.1 ~ J .-. ] ~ ~ .!j ~ æ ~ ~ ~..' 1 .j)". ·,,'c:ið· ð =: ~ ~ ~ .; i J - -g ~ . ~ .~~'~. è. ......j....... .J". i~ð ~ð"'j' ~!J J.~ ~ ~:I ~ ,g ! ~ ~:I ] i ~ ~ ~ . .., . ". '. ::¡ _'" e ~ c:: ~ ~ I t: '-' Z , .- " "II'II.dIU· !lh~~.f~~~]~H J!,;i~))&:J,;A .....~.! ~ ",,·:>1 ;,<.I/,;;.;i~.!~, . . ~;M.··.··· _ :¡"......... _···.,-1.. ""'~.__.:~ EXHIBIT A .--~~---- - E ,,¡ ~ EXECUTIVE SUMMARY Agenda Item No. 16B1 June 28,2005 Page 1 of 21 Recommendation to rescind the award of bid #05-3830 U.S. 41 East (Rattlesnake Hammock to St. Andrews Blvd.) landscape and irrigation installation to Hannula Landscaping due to utility renovation. OBJECTIVE: To rescind the award of bid #05-3830 U.S. 41 East (Rattlesnake Hammock to St. Andrews Blvd.) landscape and irrigation installation to Hannula Landscaping due to utility renovation. CONSIDERATION: On May 24, 2005, Agenda Item 16B (20), Transportation staff recommended that the Board approve the award of bid 05-3830 for the landscape and irrigation installation to Hannula Landscaping with a base of $429,439.58 and 10% contingency of $42,943.96 for a total of $472,383.53. Due to emergency water main repairs on US 41 East (Rattlesnake Hammock to 951), the landscape and irrigation installation for all landscaping on US 41 (Rattlesnake Hammock to 951) has been rescheduled to April 2007. It is the recommendation of staff that the bid be rescinded due to emergency utility reconstruction. The approved funds to install irrigation sleeving are to be accomplished in conjunction with the Utility project and it is recommended that approved project budget will remain open throughout the duration of the Utility project in order to accomplish the installation. The landscape installation will commence once the utility work is completed subject to season. FISCAL IMPACT: The Board of County Commissioners approved funds on May 24,2005; Item #16B(20) for U.S. 41 East (Rattlesnake Hammock to St. Andrews Blvd., Fund 112, Project Number 60026). The funds will remain in the project and continue to roll until the project begins. The phasing of the irrigation installation through Utilities Department and commencement of the landscaping will address the goals of the Landscape Beautification Master Plan. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. ~·".'~~~·"Y_-- RECOMMENDATION: Recommendation to rescind the award of bid #05-3830 U.S. 41 East (Rattlesnake Hammock to St. Andrews Blvd.) landscape and irrigation installation to Hannula Landscaping due to utility renovation; approve budget amendments in order to coordinate installation with Utilities Department and to accomplish the goals of the Landscape Beautification Master Plan. Prepared by: Pamela Lulich, RLA, ASLA, Alternative Transportation Modes Attachment: Bid Tabulation Item Numb.r Item Summary Mlltlng Dati Agenda Item No. 16ß1 June 28, 2005 Page 2 of 21 COLLIER COUNTY aOARO OF COUNT'! COMMISSIONERS 16131 Recommendat¡on to rescind the award of bid #05-3830 U.S. 4" Eas1 (Ratt1esnake: Hammock. to 81. Andrew5 Blvd.) !sl1dscape and irrigation install.ation 10 H¡¡nnu a Landscaping due to utility renovation. '0128/2005 0:00.00 AM Pr.p....d By G/13/2005 4:54:31 PM Pamela J, luOch TraluportÎon Services Dol. Project Mnnager Alte-mlltìve Tnms.portiltlon Modes Date' Approv.d By Pnnl1rta J, Lulich Tran¡;portion Servir.c, Project Nan.ager Altflmilltrv~ TrIlNsparti1ti(.Jn MQd."i 6/14/200512:51 PM OlltlJ' Approv.d By Brenda Srllhllrt Admini"1rativlP- Servk:tls PUf'chuing Agent Purch.u¡jng 6/14/2005 2:01 PM Date Approved By Rhanda Rembert Administrative Serv¡c~s Contract Specialigt Purchasíng 6/14/20052:32 PM Dot. Approved By Diane B. FI.igg TrJll1sportiotl Service ; Ditc!'<.1'H of A1f.ot...abv~ Tr:u"lllUt1u~i(ltl Mode. A TM D¡t'tl<:tør Alternative TranSlpartlltìon Modes: 6/14/20053:05 PM OilCfI' Approv.d By Mi ¡;CI Hlluer Ad"lini¡;u..tivn Sfltvic:lI!IS: Ac.quìsition Managflr PurchaGinlJ 6114120053:19 PM Date Approved By GIDria HerTer. Tmnsportioo S.NiC'~!1 ManagementfBudget Analyst Ttilnl$portutfon O'I~,.tlartSi 6/161200511:25 AM Dot. Approved By SttllJct Carnell Adminlstr.tlvlII $lltvicœlõ Putch.....¡ntlIGllln~ral Svca Oheçtur Purchasing &11 &120053:56 PM Date Approved By NonT1 E. Feder, AICP Tr.mspon.íon Servlc.es Tran1lportation Division Adminíatrõltor Tr.ansportatíon Service:. Admin. 6/16/7005 to:21 AM Datu Approv.d By SfUlrOfl Nt1WJn.1n Trans.porticm Servir.eli Accountint Supervi1Jot Ttunl,portatiml Admini'trntion 6/16/2D05 3:33 PM Date Approved By Pat Lehnhard Tnm.\portal:ion St!lrylcll'lJ. Executive Secr~ary 'Frunsporlation Sflrv~Co(f" Admin &116120053:'1 PM Oo1e Approved By OMB CODrdirlator County Mlmagllr's. Offlc~ Admir)llitratìvo Afò~lstll"t Office of MonoQement" Budget 6/17/200812:15 PM Oa.t~ Approved By Mic:hul Smyw;(lw.IIkl Co~mty M,magll'r'lI Orner. Mllnill Jf!!l1Icf'lt &. Bud~ Clt Oiflll:t(H ONlce or ManagMTIcnt ~ 8ud(}lrt &11712005 t 2:3& PM Date Approved By James V. Mudd Þf);u'd (I' CCHlnty Commi..ionlll'n CotlnLy Man.ager CDunty Munngor's 011if;Ù 6/17/2D05 6:46 PM - I I N 4D :; ~ j ~¡:! E~"" :,gi ': -e .... t I-! ¡Ce ~-~ '" c: ~~ oѧ '" j ~ ~~~ O--c ¡ø!~ .. , , , , , , , "j c: c: .. :z: .,. .,. tit .,. .,. .,.... . 8 8 8 88 88 88 88 c: 0 g g ~ ~~ ~~ ~~ ~~ Ø) .. ~ 0 .... co ,¿ 10,.) N <') .I ....N .... > tit 1M 1M tit .,. tit .,. "'11'1 .,.111'1 Š t; ~ Š; Š= Š~ ~~ u 8 u UO u~ uu uu ¡¡ ~ ¡ ~] ~c: ~ = ~ !~ ~ ~ c: c: 0 ~j "8 :) 0 :)~ ~ ~ . ....- -: "" UJ ¡ .a ¡ :! ';fi ..J u I! LL :t:I :! ..J 15 c: 25 øi I B Ø) :) tZ ~ ~ æ I 8 !! It:! II ~ w ¡ c: .r! I ¡ ~ .§ :s &1 II) ! .. I c: ~ u..: .s:ij !!I oJ) 0- ..J j 0 õ i "é j~ I i : " i 8 :) j ~! ..I ~ "E g j; III i '" ,~ I z z en os J: , "'N 0 0 ..J ~.æ Ø) i J ]i L: fi "é "0 II ... 1! Ii II z CD ~ -= '" j& æ :) It: ~ ð i u .;... en ~ :s E Ø) ... ~ U, Iii ..J l ,~ 1š ~¡ Q ~ ! ~ 1(/' .. . .. en II 'iti E .. E I~ :) ..J Ii .. 10 "" ¡ .I"" _ :s ~ .0 ~ t~ .;.. "" c Iii ~~ t c ~ 0 i J - ~I :) i 1S. N "0 ~ J~ Ii Ii CD c .s :I ! flD :E !i ~ .!! I~ 0 fn~ ::c 0 .. E u I !:I Q. mil ~ i .!! 0 .! N· . 1 Ii . .> ~ :s ol! en If ~ .s .... .... 0 0 c: "! CD .0 e ..J Ii ;; 0 !! ~~ E .... å! Ie: ~j III 'õ - N !i . :s U) I~ u.. ~ '2 ~ .... j .... 8 ii5 '" :) .~ .... ~ ,.:.-g '" ~ Ii c j .!\! ° :~ I; ~ ~ !:I .- C 0- Ii ~ ¡ Q . ã5 '2 J GO ~II ¡¡ .... ::;) Æ Ii j¡ 5! :ë ¡ U, ~ ! c :I It¡ CD :t ~ !!I . .2 ~ :E ~ 0 Ü .5 N &! 8 :s :I ~ - .... N <') -or =.... =.... N ... Agenda Item No. 1681 June 28. 2005 Page 3 of 21 .... o o ~ ¡¡;¡ ~ õ - 8. .. 0. g :ø CD f 8- g I~ ~~ ~j ,.I'i! .s~ i.æ 10: ~~ ~il 'iii e::s::s~ o.:N...1 ~~~ai ; I z ~i! I"<I~ ~ I ì · ¡eiS l~ ... c Ii jitÑf ~I t 8 .§ ïj! --"-.. J! ::I c: c: :! I f I' I I I I I I I I I' I' I IMM MM ** *~ ~* M_ __ *_ _ 88 ~~ ~8 88 8~ ~~ ~8 ~8~~ g~ ~~ ~~ ~! ~~ 01 d~ ~~§Î ~ = ~ C N ~ i~ I'" w - tit * tIt I'" * _... _I... ... M ¡"' M *;;; 88 18 88 ~8 i~u...88~88 8~&= uu ùu uu ~u ð~ .uU..Juu u~c:- ti1!! '!~ .!~ -1=1 .~I.. 't!!I'!'!1 '1:15 t~~~ ~~ ~~ 5~u..5~~~~~~~ ~~jj ~r~ I~ ~~ ~ ~I~ ~ ~~ ~ ß'- ~ ~~ ~~ !~ ~~ ~~ w J .!1i~ ~I~ ~~ ~~ ~I~ ¡~ i~ ~~ I- II ~ ~ ~ It ! 3'~ § JJ j~ Ii ¡ j i ! I ii J '!J ¡ I I I ¡ i ¡ ji a ¡ } I ¡ If ¡ It ! Ii II Î If J - :11 J I! j ~ Ii I ~I ~ ~ i ~ ... : t ~_ ~ ; ~ ~ ) I t II ~ ~ ~ ! I I J ! a .. J! > .... o ... - - II) co ,.., co CII 1...* ..,... ~~ '!~ I ~~ . ~ ~ :2 d ~ all ; ~I~ i i :; !! ~ ! 1&1 ~ ~ u! ....._-_..,,'-~ Agenda Item No. 1681 June 28, 2005 Page 4 of 21 8 ~ 5; . , . , ** *- ~!iif CO2 ... 88 ~~ - ... ...- ~~ j$! ~! ..., ~ o co I ~ i :ä u ò ~ .. Õ N I 1 Ij 'S ~ C.) I! 1 i~ w~ j II r _I I! 'tJ1 =1 ~I II E Ii ~il .f!-'" >~~i ~??* "'NC":I¡: ~!~~ N ID ~ ~ I z ~i! e!!;'" ..,e ~~~ It~ iCo l~ 1'>5 .s"" WOO o..,¡r <'>.sG> ~ü5CL J. .~ o~~ ~¡;¡3 .!! . . . , , , , , , , , ::I C C · :z: lit lit I... lit w lit 1It '" lit lit lit · 88 88 ~~ 8 8~ 8 8 8 8 c 0 ftj:£ ¡;¡i~ ~¡ .,.¡ .,.¡.-) ci ~ ~ ci I#) .... .... 8 ~ ... oil ... N .... .... 1"1 .... a; ... Ñ 1"1 a; · .... !; lit lit I'" lit lit lit lit lit lit lit lit ['" lit ,¡,,¡,¡,,¡ .... ~~ ,~ 1ii- .¡..¡ ~ -- ~~ ~~ 00 ~ g >:C) oS 0 i C) 0 () (.) ~1i .... ii '!š ~1ã ~"" -... ! - c:~ c:_ ' c: ~.a S ~~ ;:J{:. ¡ I~ {:. C::J {:. ~... ?h ...::1 r¡j ! 1-: I#) ! >- ¡ u. i u. ....> ...i 0 <.:i r¡j r¡j ¡~ - ¡ as ¡f 'E .a e E on I~ ;:J ::I :::0 .... I~ I#) as · t c3 oil ,§ w ¡ . I CD W '0 ¡ c: i b as I') E ð CD .., S ;;::I .:.: '0 .. ~ I!J ~ ~ ã I ~ I .! ~ ~ .., ai' r¡j ::I CD Q ...i u "0 f "C ~. 0 f! ~ lot "" "0 c: Ü C> · :! N .. :J II · ~ ~ .¡.. r¡j 1 c: ~ ~ I~ ..J ß ~ ~ ,!S : ~ '! ::I :=E :J w i )i c: I!! ~ ¡" ¡ S ::I as '2 ,Ii <II n. ... ,"' ~ Ii 0 g :=E 0 ð.! ID c: i § , .., .. ~ 0 oil :2 0 ~ll ~ CD (.). (.)~ ñí :¡ Q Jj~ II I ¡¡: Jj~ If ~ I~ ..!. + '2'! '2:5 .!S · - ~ .~ ¡~ Q,. 0 !!! as:J b1J~ II B fI)';' j-=Þ .., ~ ;:; , :¡ :¡ " I u>: .z I "" ~! Q,."Ci m~ J: 63 ~~ ~ !!I .i>: :z: t.8 ~Q g 11 III ~ :=E,.:!_ 0 0 m Q,. - .... N I') ---- -~--_._-- Agenda Item No. 1681 June 28, 2005 Page 5 of 21 It) o C> ~ ¡¡¡ CD - õ <'> CD go II. C :8 3 ];; CD Co ~ .. ~" i~ ~~ ... ~J .. 0 ~~ i~ c!~ ii~ ãilflz ..~~ .~ :; ~ ~ ~??~ ~iNC"). B~,mJ: wcncnm ~i! e "«('" ~. ~ i ! o ¡~ à: .i i151 ~i8- J. _j 0.- ;i~ Agenda Item No. 1681 June 28, 2005 Page 6 of 21 ~ ~ ~ I z :g o ~ 5i .!I ' , , , . , , . , , , . , , . . , . I tit tit tit tltM tit tit tit tit tit tit tit tit tit tit tit tit tit I 88 8 88 8 ~ 8 8 88 8 8 ~ ~ 8 8 s: f& i ~~ ~ ~~ ~ ~ ~ si&ii ~ ~ ~ ¡ I ('oj . cò ~ .. II "'=. 1'1. In .. ¡¡ f& 8:S: s: s:æ CÐCÐ «I æ æ iii 'o. .- .!I ; :; .-.- N ....M .... ........ tit tit tit ... ... tit ... .... ... ... ... ... ... ... ~~ - !~ ~ ...~ ~ ~ i!: ... š:> :> ...... ~~ s= s ~~ II 08 j 0 II ~ ~ - ~- j ~I .- IJ := J '! i! I -- i '!j 5! c c c~ ;:)... ;:) ;:) ;:) 'IIi ~... ~... - 1--: ~ E I L.I. I : I oJ "" =ì ð i ....; ~ I ... I i3 liS N W In In .e :::. 1 :::. I ~ tfI i ....;,:::. ; i ¡ - ! :s "" - tI> c c ;:) ;:) ; ci zit :g J Ii c .. E "g f :~ ~ s I~ð !! I! 11 - c 0 .a ~ !I in I ... d Ii i ~ 0 ! O!I ci II:: I ...iii i 0 . I I~ '! e Ii ~ ;:) :ñ an c lí Q. .... I~t .... .. ~ .f¡¡ B i C') j ~ë t i II ....j t 0 . II 1 ::I,! I II! ::5 .. ~ õ 0j :i ~ j~ 0 .- :!! ~1·8 11.1 1! 't: ca;,¡j t ~~ z ~ ! .,! z ~i ca; ! it ~ ê: !Ii 'i~ E !ê Iii .. j ~ lit .. III i 'a ili ä ! I c: Ui :s Q :!! e '! 11::0 L.I. iii_ a... 0 (! w ;:) .. = ..... N ~... >.. ~ 'õ ... I c: ,g OJ f 8- r! .. II ¡¡jJ '~ ~j I , Ia: e.! 'i1l~ ¡¡~z 'Iii æ ~??"* -NftG ~¡~~ --...-,.,-..- N ~ .. C ~ I z ~i! íi~ ~~~ r§! J~c ~~ ~:r ~i8- ...cn.~ O~~ ~!~ Agenda Item No. 1681 June 28, 2005 Page 7 of 21 0 8 8 8 8 J! , , , , , , , , , , , 0 , ~ ~ § g ~ :I C .... C ,..:- tJÒ fli ~ . :z: tit tit tIIltII tit tit tit tit tit tit tit tit tit tit tit tit tit II 88 S8 88 8 8 88 8 8 S 8 8 8 ~ ~ c 0 ~g ~~ ~~ ~ § :!?¡¡;j ~ § cD ~ § § ~- ~ II) ¡g II It) r0- M œ ,..:- Ñ Ñ I() tJÒ N - ,..:- J! (") - > tit tit tit tit tit tit tit tit tit tit tit tit tit tit tit ... tit ... .¡"J .¡.;¡ - - ~~ ~~ ~-Š ~ ~¡ i ... -Š it - <II <II <II <II 8 c 88 00 0 C)C) C)C) C)C) C) C)... C) C) C) C) 0 (:) =: ãi =: - ,!ãi ,!ãi '! ~ 'Ë =: iIi ~ ~ ~ ~ ¡ c Õ c.!! ~ Õ ¡ ;:) ;:)0 ;:)Õ g ;:)Õ ;:) It) co íã ... N ....,... I..., I- ...,'" >= s:: ... ... ... i ë GJ ¡ )0 LL (") LL 0 ~ ai I '" 0 en ¡ en C) GJ 0 ..! '~ It) ::;, !2 It) S 0 a N - ::;, ! :: ~ ;:) :: c a :I j !:2 :8 II) a g j I '" j J! ::;, :ä a -l + '" '" I ~ ~ .n :ä E "" <II .n c '§ Ù w E '" ci ~ :::0 :I GJ I ~ iIÌ !of> a ãi i W j '2 GJ i en '0 '" ::;, ... . .. E .9 ...i .r: (") Q in ~ ! '0 "" $ § =: I! . .n c 0 ;:) ~ GJ "" N Ii i en c '0 B .9 IJ If Ii ~ It) ! "" ...i ~ C,!) ë:5 GI -8 .~ ïii ! II> E ,i '" . c en E ¡ _.0 0 0 ;:) ...i ~ ~.. N , :: Ii iii ~ GI In Ii '! c j ·1 ~i g .; ;:) GI 0 I! l W au: ~ ¡¡W '" Ii ~ .!:S a::,! Ii :I ;;:: J a '" !?/J) ::!! ";::1 U 1 .r: ! II> '" ~ '! ù ,i I; J ~ C GI .5 ~ 0 '" g e ~ ;:) Ir l- i l1li :5! ' It) II .~ Ii ~ it> i õ i E .S! g~ - - CI) ¡ :I .. 11. ~ II> LL o , .. ! ~ a I~I~ :I t . C)+ gl ~~ 1i f i ien .)0 ~t :::"., If :::t I II> ~o !i A. ~ ;:) ~...i '8'2 ::š'! If II .S j ! ,*, ~o ] :2 ~ ';j 21 :25 B.;:) C);:) ac: W - ... N M .... ~ o o S ~ ìñ CO> .. 'õ ~ 1 e i CD î 8- § I~ ..,- ~~ --} '?.: Ii jå: &'!~ ,,; ~::: € 2 0 III Z 'Iii c:=:=1i ';':NM~ !!i~~ Øcnü5111 ----,-- Agenda Item No. 1681 June 28, 2005 Page 8 of 21 '" ~ ¡ I z I - ¡¡; .. ~~ ~8 aa~ 88 88 88 aa aa c:i~ ":1 ci'" g:¡;¡ i~ i~ ~; ~! :I :: g C ""C'oj. C ~ N": N C"I N C"I II N :I: C"I ..... ... lit ...1... .,. lit .,. ...... w... ... w .,. ... . 11)101) ~a 88~ ~~ 88 88 88 88 J -,.. ..:~ -§ ¡¡i¡3 ~i 1Q1Q ~~ i~ ~~ .. - -C'oj. ...- II :a Ni - N -... -In C') !; I.. ... ww ... ... ... lit ... ...1.. lit ... "'1" ...1.. It" ,¡,¡,¡,¡ ~~ ~~. ~ ~ .0 ,¡,¡,¡,¡ ~~ ! .. ïï ~~ s s o~. 00 ooc 00 00 ~J .'!J §Ij ¡ 1! Iii 1!1 ~I Hlj ~I ~ .: ~ I..., ¡.;;. ~ ~ I- -:1- I~ I- . ~~Ii ..., I- . I..., l- I""': I- '5 IJ. '!u, I e! I ! ~ ! ~ ¡ III Lfi <D i ~ en :x: w I ;:)rn 0 I!!! 0 I!!! ~ I~ J II!!:! 101) ~~ ! ~ !J 11 I~ :::I I ~I- (I. 0 .. Go Î f ¡ I ! - "'" iiill :San an i .0 j 1'1 0 an i t .§tiS§ ! i ~ CD Q !g ~ ¡ rJl} - (.) CD s II · Bj~ ill i in ð ð ~ § ill ¡ b in ~ c - - i IÎ log I !; i 1! IiI J 1 II °fø I? III c:: tl~ .s R ~ ii I! . J J fi ,g ¡i III J .! f II I QI N II:: II:: l- I . "0'" i r ! III .. i I I.~· c ~ ;g ~ ~ I ~ 1.5 ~ ~ Q jij III 11 IJ. --g .. II t i III Iii! I I I i!l Ii·: 1~ j "Ii ~- ~ .s:J ~1!lj Îfi Ij~ ~ ¡I~ Ji m.J i ]œ.Sl) II:: :I :; fi fi H I wi 'S ~ .~ :I: ~1~lj I- ~ ~ j ~~ 111M iii ~ ~ ~ d! ~ "Ewf! ~~ w! ~'! ' ... æD..;:) II:::J 11::;:) 1!:5 ...,j ~~ ~.. I~í oÑI :!z ...~ t =- N C') æ - N C"I ... In .!!!~~ ã;:);:)aï ~ ° 0.:..,;;11 0- ï!! II!; '" ~ 'Ë cZ .. 8 :g z i ~Ij! In ~ ~ f ~ f~C ",I: ~~ oÑ:§ a i !. , UI !'! In -¡¡J o_~ .. i i iBUI..... .!! 88 88 88 88 88 88 88 ~~ ::I gg gg :ës ~~ gg gg ~~ ~i c: NO MOO co.... NN co = c: ... N N C') .... ... ... ... . % (') .... ... ....'" ... ... ... .... ... ... .... ... I'" .... '" .., .. 88 88 88 88 88 88 88 88 ! 13~ ~~ i~ &rig ~¡ ~¡§ ~~ &rid 05 NO f:I.... ... = ~:s ... N ... N I/) (') ... ~ N ....~ ........ ... ... .. .... ... .. I"'I~ ... ... ... ... "8"8 tit; "8~ ~~ ...... i;j ~ '. ... .. !!I 88 ~ s 8 si! uu uu uu uu uu uu 0= ~ It:: J '! ~ '! ~ .! ! ~ ii~ '! ~cØ '! ~ c c ~ ;:, ;:, ;:, ;:, ~i ;:, C5:E ;:, I~ ~ 1-. .... ~¡ I.... ,.... I.... ~ ::s ~ ~It j 1\1 I ~ J ~ 1i ~ I ~ 411 E 1\1 iii w w ~ w W 411 :! ~ III :! E N .... (') ~ E i E .... I~ :::. I!!? .. a t~ :ø :ø L1j :¡:I .,. ¡ an an .. a w I w I È 1i i: i: i: ~ :5 ~ .¡ ~ .5 ~ iÎJ 13 '0 '0 ~ I! I§ .. II I! ~ .. ~ i: È È Ž .... -r It) fn ~ :I: N N ~ g g iii I ~ ~ 0 b ~ ~ ~ OIl - .' .... f.... = E j¡ E :I: .' ~ ii IW I~ ~ co 1\1 È a.. a.. I: I: i It) ¡;¡ CD & If ,I N ... N E E ~ ... -' ëii ;f 0 ii a.. .!~ ... ~ ~ r= .. 1:1 3: ~ ~ I .m .m 1 u... LL. -- .... 5I'ë C) OIl 1i3 J ;:I i~ ß~ i ill ~'6 i '" 1\1 ! '" j ~ Ij¡ w w :8'! i'! 1\1 It:: It:: ~ C I: 1\1;:' III;:' II ;:, ;:, "" i J ¡:... I¡ ~I¡ .. ¡ III Ii I Ii '6 1\Ii3 3:- ~ ~ ~ 3: ~ uE ~~ ~~ ~ .. 0: 1\1 cb 1\1 ~ 'ë ' = It:: ;:I 3: ;:I 3: ::I 3: ;:I W III ...J I: a a a 0 ;:, uw u;:, co .... = 0> 0 ... N M ... ... ... ... Agenda Item No. 1681 June 28, 2005 Page 9 of 21 ~ iã ~ '15 ... & '" 11. I f 8- ~ I~ ~- ~~ 'J lí?¡ j ! "'- fa: æ~ .; ~I 2:. IIIW 111_- ¡~~aï '???"tI _('\I«')! ~~~1Ii ~i! ~ji ..: {! " I!~ I! ~~ ¡if' 8 . "S ¡¡iiS~ Agenda Item No. 1681 June 28, 2005 Page 10 of 21 N II) ~ cZ I z II) .. .. ~ iii .. 8 8 ~ ~ 8 8 88 88 ~~ ~~ ~~ 'S ci ~ ~~ ci g ~~ !¡ .,~ pj,.; 10 ~ .... Ñ 0> - I: N .... ~ I 10 10 <'i Ò oti .... Ñ .... ø ø ø ø ~ ~ ~~ ~~ ~ ~ ø ~ .. .. J 8 8 88 ~ ~ ~~ 88 ~~ :q:q :q~ pj ~ i ¡ I~ !§ ~¡ p)~ p) 0> .... N ~ ~ .... .... .. .... ....0> 10. J! vi II) N øi <'i .... .... 5: .. ... .. .. * ... *~ .. .. 64 64 ... ø ø ... ~ ! ~ ! ... ... ~ ~te ~~ i ~ ~i ...... š ! ~ ~ ~~ u u u u i ! I, ! ! ¡ ! !¡ ! J] !I '! J. S<:¡¡¡ !! C15 ~i = ::) ~~ -: ::;. -: -: ~ -: ~! a I -: ~ ai ~ ~ a ~ ~ a ~ 111 W ! I i w ¡g .. ~ II) ~ ¡g ~ I ~ E ; 0 ::I 0 :::: a 0 I .. =' I I I I ~ .n :::: ! j c.i j iJ ~ c.i 0 ¡ß w .rJ c:i c.i ... ~ S' ... 0 ~ '! ~ ::I 2=' ... 1/1 e ~ I'n ot in in ~ - N in Il .E ~ :É E :É tQ b .E ! b ~ ~ '" b .... !~ ~ f... Ii ¡ .... :E OIl ~ 11 1 ... .... !2 I~ :E ~ .... ~ CO) iO IV ~ I~ J j s:. g.¡ ! ~ II ! i 0 0 i J at .Ë ~ ! C) Ii E I~ I ií I ot J 2! ; J ~ II ::I J Ii ot .. I .s ~ 0 IV ~í .!! '6 IV 1'6 '5 '6 ;§~ !~ '6 .1-5 " ,IÎJ i~ :E ~ ~ J ~II ~~ m~ èi;,! ~§ '§ li~ 'Ë ce'Ë CXI::) ::) 0.:::) :!: II) 10 ..... to Q) ~ Ñ .... .... .... .... .... II) .... 'õ CD II at ~ c: oS .. r !. ~i is Ii i~ ¡il ........ §~~.. ..??J! ...-N"¥ !!~~ --------------- _.,-'"-..~''''''._--,,_.." --.----'. Agenda Item No, 1681 June 28, 2005 Page 11 of 21 N i i on .. .. ~ 55 88 S8 ~~ ..... =;~~~ 8 8 ~ 8 ~8 I N- Clivi a:i:;j co.. c:ic:i ocos" ~ ~ :'! a. orig I: $ ... ~ Õ ~NI:; ... ... I: - CD CD ~ rD~:8 ~ - - ~ . :I: -- M ... ... ... MtII ...... ............ ... ... ... ... tit ... I! ~S f2~ ~¡ ~~ ~8S~ 8 8 8 8 ~8 & a:iS ,..:; a:i~ c:i~ c:ia:i~l ~ ~ g g uiori ,... .. .. - ~ . - ,... ,... "':. - CD CD ri CDM'" - g ~ . - ~~ !; ... ... ... ... ... ... ...... ... ... ... ... ... ... ... ... ... ... ~~ ~~ .¡..;.¡..; ~~ .ë.J .¡,.; ~!Ë¡¡ g i i .., ~! ~~ 00 ~S uoc:.. ~i u 0 S uo ~š .... - '!~ ....ãi ~~Ii S ~ ~ ~I~ ....- e¡on 5~ ~. c:J!I ... l ~ on ::J .. . c:~ J I~ ¡2 .. I~ '-1 ..., .- '. I~ .- ::1.- .-~ .- 't¡ co ..., , u ... ~i" i ~ ó ~ .... z:. '5 . .... at " cri . !i~ ....i " 2i ~ :8 t.! ! M i~ i L t II IV 8 1 ICo ;1 ~ W a.. ~ I::: .. I~ I~ ~ &1 E~ .:0:: Õ ... ::I 15 E5 !2 0 M '" all:;) Q. ¡ ~ ::. ~ I:~ ~ ~ ::J :is i i ~,¡ .!! 1:1 ~ II) c I~ :¡: i 1:1 I c'c t i!3 rø ~ ~ :1 !! .~! ' .... '0 u ~ I~ It !~ I ~¡ 'j 0 ,2 ó ~ JI i M M cri !1!j ~ ~ :0:: "w 1:1 0 C ~! .~ 'Ii :;) CO') I ~ i.. j rø c ,I :;) - ~ ::I 15t1 ... Ie ã ..... !'5 (,) : ¡ 'ë ~ ~ sl~ c .rl ~ J 11 M ~ 11 II j '" ::r; I! '! I~ ~ ~'5 '" B e .Ii '5 :;) J!I g "!~ 'g~ 0 CD. J'I ... £Ii .... . f '8 -:0= I!:o:: -E I ~I ~ ~ ~:;) . c: ~5 J!I ..j ~! 8- ~ .!::I i "'8 ~i ·!1 ~ B.rl tð ¡~ -I ,;~ ft (,) '~¡ Iii ~ .n § .. ~¡ I~ E E' l ... :I E j II ~! i i! 'd I) I~ Is ~~ .... 11\ ~~ 0::1 jo ! ~ JI -,a NO lðJ! I "§I oS Æ Ii! aclï .i!~ U ::1 llj ~,§ 7j , , J~ ~I ~i :E'! 't: Š ¡if o::.n Q.rl ::. . '" W::I .- .- ..W Ð~ ¡~ ~ ~~~ "<'if ,~z ~ !':3 ~ It') CD j!.... N M .. .1/1..... a~ t N N ¡; (Jj (Jj . ~??I :g.-'-g ..N'" ï~!I 1!1!~ ' (/)(/) CD ---~. ...,-. Agenda Item No. 1681 June 28, 2005 Page 12 of 21 ... .. ti cZ I z on 8 g ~ .!I ~~ ~i ~i 88 8 88 88 88 88 N.... c:i¡ c:ilri ~~ ~ !!i~ lrilri ~a ~! :I C") .... ....... I: N .... ...0) ....11') I: pj wi ai C') .. 01 :z: ... ... ... ... ... ... ... ... ... ...... ... ... ... ... ... ... J 11')11') ~8 :q~ ~~ 8 88 88 88 88 "':C'f ""g c:i~ Q~ ~§ ~ gg ~;è 85! ~g II -0 ...11) "'<"1 "'<"1 u:) ai II'Ï .... N .!I ... s: ... ... ... ... ... ... ...,4011 ... ... ... ... ... ... ... ..... ~i! ..., ..., ...,..., Š~~~šl Š Ii ~~ ~~ Hri i~ ~~ ~~ (.)(.) ~jl '!1 ~J '!J'!'!1 I CQ .! 1 '!I !- '!I ~ åo ;:) ;:);:) f::! J ;:) 15 ~~o j ;:)~ ;:)~ ;:)I-.§ ;:)1- õ "'": I"'": '"":I-N....I-";"fjl- I~.§ -,I-j -;;¡ Z ;3 ! '"": ~ l:i.i" u. u. II.. ~ CQ ... ~ afI ....i ..,j ell IÎI z W G> :E.~ Q. I") I") g '!1 ~ ~ ~ I ¡Ii ~ i 112 E t:! . 0) "" I! õ ~ i~ ! ~ t. ª t:: ... 0 J .e w 11. III "I ~Ií IUj~ ¡ .~ Å ::t: t i OCI -Ii ~ ~ I ~ to w IJo ~ .~ i t i i : i i .Iii Q. 011 " 'II î ifj 011 I~ «I ij :1.1 t E i .....: C/ ::t:1%I 1,~ i ¡ i ~ :I ....i J &!¡ lafI .! 10- '! '! I:~ i? t ~ ·1 i i! I~,! I~ ;:) j i I~ f:! I ~§ ~ i ~~ I~ .. i Ii «I .- !¡~ .; ¡ ~ i ~ .j ~ lit 0:: i i jj rH :2 ... ! ~ i III 01 ~§ I! ! ¡ 11011 8ð ~ :§ gc't) >0 C1 I ~i U OCI! I s. .!!~ '1 I :è I j C1 ~ (.) . .! rE >c Ii ~ . i! §i ~j s ~.8 :ñ .- j :Ii! ! i ~~ I~ 1%1 0::: =.1 :1 ]j~ lJ .t~ ii i ¡ ·Ii ~ ! I~ ....,; Ej ~ I:: i .i "" ~I ~ ~~ I Ii I~ I i~ i ; Iii ! I i~ ~~ ~; .. ~ 15 o:::! .. ::t: IJII ....i;:) jii: ~i &!~ ¡~~ iDz ON It) II) .... GO 0) ~ ... ~ I") '~ii ~ ¡ ~ s. .... .... !~~II oJ. .a 0.: ,,¡¡.S ~ 0_ ..~~ ~jj; I· .3 ~ ~ 8 ß z 'fi ~j! e ,0(110 t. ~ .: ID ti~ u:¡c .w.. ¡: £ ~~ I/).·r j!N- :¡¡ :II 8- ....1/). ~ 0...... ., .. c ii~~ .------~.. --- Agenda Item No, 1681 June 28, 2005 Page 13 of 21 JI 88 88 88 88 88 88 88 88 ~~ ~8 88 s~ ;i~ .,..:...: g~ .cd ~8 g~ ,..;,..; ~~ ~g ::~ :I . ..... ....co .'" I: ('I) II) ... ..... co .... ... ... ('I) ... I: M . ... N ('I) - ~ 0> ui 00 " - ..... - - :c lit lit lit lit lit lit lit lit lit lit lit lit lit lit lit lit lit lit lit lit lit lit II 88 88 ~~ 88 88 88 1&8 88 88 Ii! 8 Ii! s: I: 0 ~~ oIioli ....N ~~ ~gi ~g ~~ g~ ~~ ~si ~ i ø ...~ .~ .. ... ... - - ... .... ('I) ... N :s ØI ItÏ .. .!! ..... ..... .... N ... s: lit lit lit lit lit lit lit lit lit lit lit lit ""- _ lit ... lit lit lit ... ... ~~ - - i ~~ ~~ ~i !š i .¡.¡ i .¡.¡ ~ š¡ .¡.¡ 8 .¡.¡.¡.¡ s s ~J ~J s ~~ () ~ij ()() W ()() ()() ()() () () () () ()J .. '! '! It .. '!:æ '!- ;§J 1!!- 1!! 1111 '! ~.. .- I 'Iii '! I" ~~ c: ::I~ ::I~ :5 .S; ::I ~ ::I I~ I- ::I I-,§ ::I I-~ 1-1 ::I I-,§ ::II- ~ 1 -: I-~ -:1- -: 1-: I- -: I!I 1-: -: -: .n -: .rJ cè ~ ¡ &!i .. .. .. .rJ .. .. w .rJ .. i .! w w w w w w I w l! I~ .. .... e ... !2 0 i - j ¡:;¡ ~ i ('I) c: I M ... M '6~ M I/) ::J ~ ~ Ie! '6~ IE!! ~ 0 t::- .. 1:::- oS= i ! -5 w ii '¡ ! i .. -5 .... 0 .. w .rJ c:: i i j j ~.5 I w .... ::I iii' '! c:: '! 0 ,~ >.1 ~ ~ ::I ::I ... :~ :~ ~ .§ ~ ::I Š .t: ~ !: ~ ~ ð; M 0 W W W W ¡ c:: j I i I~ ! j ftI !S Q. !S Q. ::J 0 0 i 8 ! 0 J: i J: I¡ w J j i i :I: Ii .~ c :I: 0 J -5 .. I I ::I J: Ñ'" 11 J I e w i Ñ ~ -I§ ;I ¡ ¡ ¡ ... .~ i ftI .. I!I III fI ....'! i E e j ã ã i fI ~ I~ ;I L.: Æ ~i I!I :ø i J! J! ! ~A. .n 0 0 ~ fI ~ ~ ~ ::2 E e 2: -! ~ 0 gl¡ 0.. e § .. § ! Q.)( Q. ~ c'-! I e> e> e> ë ~ ~! N .... CD 0 "'III I ... II'! I - - - - N e J! I ~-5 - ~fi - .... to ;I eO i :S ex: ~-5 fn .n 0 -5 t"! 0 J I- :I @ ~.rJ ~ j l- ii CD I cn.. .rJ cnlll .... ... ~ Q. ~w ~ Of! ~w .. ~ .... .. j ~ ·1 ... ~ ~::I _'! t J 'P ~ I!! ... c .... >1= Q. .n j~ = IÑ j~ ~ I .. .. !! ... 13 , t Q. ~ 8 ~ .... ~ ,S; is Q ~ -0 Ci'1e ,I ~ ~ ~€ ~.... ð d; "B ~. w t ~~ ~~ ~ a.. I I ·1 u. u.. u. i c 0 Oc e ~ 1 ~ ~ ~ ~ J:. J: III J:" J:! 0 -'ï ~à ::I ~à l- I- l- e> fø 0 NO :!: '" II) ... co ~ !ii3 .... ~ - .... - - N . --~----- I ... ìñ CD ... õ .- f Q. c: ~ III f OJ ... ~ ~... ~~ ...~ ~~ ~J! ,~ ¡~ ..- lei: ~~ ~i~ æ~z .~~~ - c!;:¡;:¡tII ~N"¥ ~!~~ ~~ ~i~ Ii" J~~ D. ¡~ o.,¡§ !~ t o..-§ " iØ~3 Agenda Item No. 1681 June 28, 2005 Page 14 of 21 ~ J I z It) 8 ~ Ie:; ~ ~ ;:Ii~ 8 8 1:;8 ~ ~~ ~~ $ $$ JI I'! , ... ~ ie cd"': ~ Ie a ~ on i c:i~ ~ "'0 It)! :8 ~ ~ :::I N . ..,.... e: . Ie!. .... .. It) . .., ..... i ,.: tIÔ ID ~5 ¡:i N ... ID Npo. :z: .... .... Nit) N tit tit tit tit tit tit tit tit tit tit tit tit tit tit tit tit tit tit tit tit tit .... tit . ~ 8 ;e :g ~ 0 0 ~ ~~ 5\:8 8 8 ~ ~$ ~8 0 ~n~ ; ... "": "': .... ~ ø) 'co) ø) ~ ~ i ~ :8 ~ri c:i ~ ~ ~~ cdg ~ ~ ~ 8 ..,.... II po.. ": co po. po.. IC!. Ö Ñ Ñ ~~ ~ Ñ .... aõ re:s JI .... ... > N tit tit .... tit tit tit tit tit tit tit tit ;,; tit tit tit tit tit tit tit tit tit tit tit .... ~ cø ~ ~ ~~ ~~ u..: ~ ~ ~ ! :> :> .... ~~ ~~ ~ .;..¡ ~ .¡.¡ .¡.¡ .. .;,. uS I 1 I oil ~ ~ ~! ~ Ii ! 0 II) Ii ~ I ~ ~ I ~ J .... '!I §I ~o "" ! "" Ii "" ~J ::J ... c c c ::J ::J .. ~~ I:: ::J ~ 1- ""': P, '",,: I",,: ;5 ãi ~Ii Ij ~::I è,) "": :IE ¡fÍ .. ~ I '~ LI. >- I .¡¡ . LI. I >= >= a uS U J e w uS u h 0 "0 e i ¡¡ ! Æ I ~ j ~ t :IE ~ 8 i 0 1 ~ J !2 >=~ i a I:::: ~ :S i u.;:.. Ii i ! .n I :::: '! JI:::: w .n ~ 0 ::J :!2 I~ I :S Æ 6 ¡" J ~ CD II I j I! J . .n "ë J ¡ I II ::J .. i!: .n I u..: ~ i I ;; ! :s uS Ii , Ij "" .... I a ~ I c 1 t ::J I 1 J I ~ .§ :! I !! I~ :IE E fÞ i a 'it := ~ ~ J t") .n j i j 0 Î It I .... :c 1! II I:¡ .. G) Œ .£1 '6 ð I .n '6'5 ~ ~ ~ >= III I Ii u ~~ " Q .æ w i j Jj I Iii ! " w~ j E ! j '! ~ ::J ~ III ] ~ II :~ ::J ! ~ ~ j i j &Ï! ~ t ~ uS t i ) :s ..J I~ Œ ~ Ii ~ ! I I~ ::J Z a ij "0 ~ 0 I it §j J:'5 I h 1-':' I .. Ii Ii· ~III ä ~ Æ .~ ]J II . w J :i i '5 :S , I ~ 11)"" ~ ~ 'I: ! ,t::! ~:3 .n "5 a: .n ::I c 5 :::E ~ a ~::J t") ~ >.... N .... N t") . II) ID N --- g ~ iã co ... '15 ~ CD I j .. r !. t'! ~3 ~! ~f ~.I ,j j :! Ii ...~~ ¡fj~z .!~~ .. CI??j ""NM&I ~l!:¡:t; U)U)U) Agenda Item No. 1681 ,June 28, 2005 Page 15 of21 N ~ .... c c7$ .. i z II> 8 ~ ¡¡¡ I 8 888 88 ~$ 88i! 88 ~ §§§ ~~ ClI") ~~g 8 ~ c Ie -MCI .... " c ...: ~S!~ ~ CI N- coi on . N :z: N N .,. .,. .,. .,. .,..,. .,..., .,. .,. .,. .,. lit .. CI 8 g 88 ~~ 88:8 88 c CI cZ g g 8 ~~ _on ãi°ori ~.,.:. Ø> on C!. ~ ~ :? ¡:::~ II Ñ coi - .,...-ftJ- ~ "':vi ~ :I ..,. > .,. ~ .,. ~~ 'II! ... .,. ... .,. lit lit ~i! .;..¡ ;;; ~ .¡;-=- ~~ i;j~= š~ ! 0 o g 0 0 u ~J uu 8u§ uo lion ~ I ~, 'Ë~ 'Ëš) 'Ë~ ~ ~t~ l- I-.... 1-- ;:1- ':)r=. ~I- õ I~ I~ ¡ <'> I u.: '1:1 . - '..~ c en .!! ~ j 'fiW Ï ! co III ¡1'J~ I~ 0 a ¡ ~ ~ ::I I/) ... 11 '" c Q. .... W :::I :iësll '~ 15 ¡ i § c 0 ª~~I~ ~ '1:1 D. ~ 1:1 I g en ~ .e~iS§ ~ If ....i 1-3'1:1 'Ii: "" (3'516 B w c 1 ':) , '1:1. i )( .6 il6~ Q Imí en E ~ ....i ¡ ¡I~ ~ 0 'Ë en .~ '2 ':) ....i 11 8 "to (J) IV Ö 8 1-0 ¡ '! Ii 0 'Ë e! u' III t i ? "'~ $! '" ~Ii I ':) Q 01 i E :¡ IV .;.. ~I ~ !! t ~ GI.!!! ;f :I ~ ~ 8- Ii ~ 0 I!'III i ¡ IS ¡ jj - ~ u c 1!1í¡E!.... IU! ~ D!a" III ~ en I . ~" IE :I ~ ~I~ d U I~ -g Æ ~~ I! 0 II, ß :r:¡~ l- i ~~~ .~rf. õ 1.1.. i Ii llrllm ~ 0 ~~ 8 i ~QoG c: QIII~ '2 ~ S I ~~~ ;¡I-~ ¡¡¡J ã5ë i '" I~ ã5 IIIIVoi j~l~ ~I¡ ! ~I "w ~ ':) 3 1!Q.I.g:s~, i ~~ ~!tf I ~enua:: . ~ :;) III o :;) .., .:2:;:) . .....n ,.J;¡:O Ia: (J)III.QU"O ~i a:~ ':::'~ ".. (/)..~ æ~z ON- - - N M ..,. =.... N - "'-- ¡;¡ I! 8- - '~~~ .. (/) ~ O:::l:::l~ ,¡, . .;..:¿.¡.-;i Q-" 3i1!:i ~~~ai 111(/)... ----- --------_._,~ ~i iNI ~~i 0.- .. D ;1:1"". ïiI(/).... ...- ',-----_... Agenda Item No. 1681 June 28,2005 Page 16 of21 N CI ~ c! I z ~ ... ~ ~j!! l~I'" .. ~ Î !i JJQ .. 8 8 8 ~ 8 8 ~:q 8 8 ~~ IS 8 ~i 2 ~ :i IS ~ ~ ~ i N ~ ....10 ~ ~ C') ~ N ~ c:í i c:í ~ - ~ :I ... ... ... ... ... c: CO) 0. ... c: ..:s .... .. .. ... .. iñ tj ~ 2ì!" " ::c ... .... - .. -.. - .... .... - .... .... - .... ........ .... - -- ! 88 ~~ 8 i 8 ~ 8 8 ~ ~ Ii 8 ~~ 110 ~ ~S! ""; do ~ ! «i Î «i ~ c-i ~ «i ~ «i cd a i a ~ C') g (I) I~ N ... ø; - ,... GO III Ñ ,.' ri ..: ri ri tj Ii Ii g i .. N ... ..... .. .. - - - - - .... .... .... - - -- ,¡,¡,¡.; .e.J.:J ~ ~ tJ ï .oJ ~I ~ ~I ".oJ ~ß ~ ~ iÏË ~~ S S ~ Š 8 (.)(.) 8 (.) c)(.) (.) 1= 'e J ~I ~ I 'e I '! Ii 'e ~J ~I ! J ;:) ;:)... ~ ;:) !~ i ;:) ;:) I! ;:) '"';' '"';' 1--: I"":' "'w "": "": "': "": II ~ ¡f! 11 ~ !¡f! It ~ f ¡f! ~ III LA.. ~ ]I ù w uj ,! CII ~ ;:)CII I¡ 10 c:i I~ N CO) I ::: ..... ! I~ ~i 'ë ,;.;; ~I~ 0 Ù ~ ~ ;:) I i I c:i ~ I òõ ,.. Ii I i<) c i ! I~ . ;:) CD ~ N ~ <J ð .ë iØ 0 0 j Ù .ë Ii I i :., I c:i I'D r... u: .- ... I.- ... I u) ~ J' ~ "I '! ... ~ 0 ;:) E ~ CO) I ù 21 I i it> i :æ c:i - i<) ~ C') i III io ~ I~ i :::I ~ ~ LfI :æ I~ I~ i j d ~ ~ Íf) <') .ë CO) :r .~ ro ~ I ~ I c ~ P- i I i i r.- f l! "" 11 iii .. ø I C') ~ ~~ ~ Ij ~ ! I t¡f! \.l- S ;t i~ :i~ j ~ I I~ ,E J ~ J I~ :1 ii j J . ~ II I I j .S f II ~j DJ j . , ~o l~ ~ ~ ~ N M .... 10 U) ,... GO Q) ~ I l & ~ f! ~~ 0;.1 'I I~ c!~ ~j~ ~ii ..??I ....NC'JI ~~!ai ~ õ ~ I --.--.- .-...-.-., --,. -.-.-. . ~ i I z » .:Ii! E~'" .f~!iæ ':!! ¡ fS.!i J!c Agenda Item No. 1681 June 28, 2005 Page 17 of 21 ... c JIg iñ- cÑ! ¡:I! 8. ob~~ 0-", i~~ 8 8 8 8 88 ¡ 8 ,... 01) ~ N M'" 8 C 8 8 · ... N ... NI'! C ~ C c:i ~ § ~~ có ¡ .~ c . c::i~ C'i ~ ~ 0 SJ~ N III II: 0 ... <Ø C'f. II: Ñ Ñ . ... - ... · ;¡ ... ... ... ... :J: lit lit .... lit lit lit lit lit lit lit lit... .. ... .- ... ...... ! 8 8 8 8 88 ~ 8 01)01) ~:iI ........ 00 ~~ ,...,... I'! I'! 00 cZ ~- ~ g & gg iii iii ·1 °i 05! ~~ !i t; t;t; ~ ... III II .... :;i ~ Ñ ... 0 · lit - $ lit ... .- .- ... ... ...... ... ... ... ... Š ~ ,OJ.õJ ~~ ~~ ¡~ -- ~ ~i ~ "'1 ~ft .. r! ~S ~ ¡ 8u o 0 u u uu uu u uw (.) u u .. J "" ~ ~ J ,~ *' J .. J '"" J~ '! ~~ ~ - E '! I c c c c c c ~ . II ;:) ;:) ;:) ;:) Ij ;:) .;:) ;:) I-? ;:) I-~ I~ 1-: ~ ~ I- ~ ~ ,~ 1.1.,_ 1--: -: 'fi l- I ..J~ ('oj , ~ III ~ ~ ~ u. u. i u. I~ ~ .... w ¡ .J .J '!.J ..J all ~ j I~ t ~ ,:: 0.. ª e: 01) ;:).... .... c I~ ~ .'to! I:! N ,:..~ 0 !!! c I1J ! õ Q I~ .... ;:) 1!!2 ~I~ 0 .. j ª ::J ~ ¡ I ~ .~ ª 0 11 Ii .8 8 III III i I III ~ ~ ::¡: ::¡: u. t j I ~ 1 j ~ III . E ::J ~ III III "" I1J 0 .... 0 E,! '! GI J ::J I1J ~ I , ~ i ;:) E ;:) c 0 is ,~ all ::: 11 i!! .. ¡ ¡ ,!ã .j c i i "C ,g .. ãi 'i :\I "" .S;; 'i E E E Ii I :J: .. J 'I c c "" ~ w t !! !!! 0 g I1J 11 III J 1 ~ I :> 0 0 J .~ I c: I it ~ .... f "0 , ~ ä5 j .... Ii j i ¡ IS .§ all S ::t . 0 II I1J Iii j! ~ ~ E i M U .. I~ ð I ~ i .. .. Ii I! .J ~ . III .J ... .... ¡ ¡ i 8:5 ~ - Ig g t liS Ii N u 4D N ._ c '5 1 I ~ Ii j~ ... ;:) N Ii s ~š J oii ) . I) N ~ N I:i I: en (.)01) gl¡ :2 ¡ .. f ca. I .. ~i~ i ~j e ~ I III ca ~. a:: t III 0.. '! ; ; ....111 .... !!I '6 j ~ u. 'Ii g Ii :::I ò ;:) ò::J ¡;;¡o :1 rh 0 t 1 NO ~ ~ E ... I ..- i ::¡ ~I i .§ CJ> ..- ~ "0 II ~ 11 ¡~ t I .! ! I III I 11 ~I j j!i j'! ~ I s ::J . .. ~11J III .. :::I :g, 0 I")W >c -;:) :J: ~..- N I") .... 01) <Ø ... cD CJ> ----.--- ~ - ìñ ~ õ '" - ... i s f 8. D I~ ~~ v.jJ .~ II ]:::~ aI!Z '!~~ ~??i "-N~I ~~~ai ~¡! E~'" t8~ '1'" fc~ ~~ 11. ~~ ONt ~~f 0-1i! ¡g~!I Agenda Item No. 1681 June 28, 2005 Page 18 of21 ~ t '" j '" § ¡¡:¡ ~~ It)L.rI ~~ ~8 88 88 ~~ 88 .!II C'fC'f :I ~~ ~~ ...~ ~i ~~ ~~ ~~ ~I:! c: 1'1"," M "'" -... ...M c: - !Q ...: M ... ... :! ... ... ... ... ... ... ... ... ...... ...1... ...... ...1... i 88 ~~ II) It) I!! 8 88 88 88 88 C'f~ $8 fe~ ...~ øi&i ~~ &i~ ~. ~&i .. -1'1 1'1 M ! - ~ - ... lit ... ... ... ... ... tit tit tit toll ... lit ... ...... I ~ ªJ ~~ ~~ ~ , ,, ~ ~ ~ ~i ~~ , ,, ii ~ oo¡.., ~ i 0 Ii 0 ~8 '! I~ Ji !! ! ! ! I ! ,. I !I A- I !J I! :5 1 ::::I ::::I~ . 1= ::::I = t ~I- I~ 1-. 1-0 I~ ·1 ~ ¡f u..: u.; ¡ ~ ~ ! .:i I ~ ~ :z: ..J ...J 0 0 .s ~ .8 II!! J "'" 0 "'" j I~ J I:! I :! j II!! to) t:! . E ~ I I~ "8 ~ I.a i ¡f d 1 - ~ 8 , .§ ~ I; II f 111 w £ '! :~ j .~ ! ! .8 - ::::I I'~ 'I [-I Ii UJ ~ .~ I I t 0.. i c to ~ .~ J: fo i lit t ! ! i :! ~ j !! 1 0 -. J J .e t t I Ii !! J 11 ,. ~ !! :;, II I Ii iI i I t : i II! lit W I ¡g I I' c ~ í ~ I!.! I j j í g ~ I to 'õ - j '! I ~ lit II ~u.; 1 ~ ~ oil ::::I .Iii ; J 0 1·1 I ~ .§ I I :.. ~j ~; ~ !I :sz 1ií I ... c i 0 I.~ ~ i~ 'õ 8 ~ CI I~ ¡:..J 11 it ... I~ s ª ~ ~ ~ ~u..: s J f.? ~ ~ ~ ti i 8 t . ..J J j j ~ z'" I II)~ ~ '! Ii'! .j ¿; C'f 5.xJ 0 foo .... z Z ::::I ..J::::I CI .... 1'1 M ... II) ~ "'" CD ... .... ... .... ... ... - ... ~ '15 ~ Ë ~ .. f 8. g ~U I.§ ~f ;¡šJ ~~ ""'e i.Ë ia: a:~ -g15~ ii5~z .!~~ ~ Q;:J;:JID o.:N;.¡1! l! .ILl ~ (1)(1) (I) tD N CD - ... c r8 I z ~~ l¡~ ':!'" &&.iLi ::E!r5 J~ ... e M~ CH'¡ f :: ~ & :b .~ 0_" iË~~ Agenda Item No. 16B 1 June 28, 2005 Page 19 of 21 88 &D II) m~ 88 :;:8 8 8 :5! f&&J ~ ~ ~~ &D&D .!! ....01 ....01 =$ g¡~ ~~ :8~ ~:;j ~ ~ . Ø'ÌN ~ ~ ~ ~ 0""; ::I ;; In ~ = 13,... 0 ,... In co N N = N C') tti C"Í .... Ñ ,..... ~ tti N ~ iii :! .... C') - .. .. "I'" .. .. .. .. ..,"" .. .. .. .. .. .. .. .. .. .. .. .. 88 88 ~~ 88 88 f& 8 Ið ~ ~ ~ 00"" ~~ = Ið "'!"':C"! 0 ~8 .n1tÌ ~~ ~Q :£l~ M M ,..: Ø'Ì r; C') !5! 111:8 0': It) ,...N .... ~8 It) co 011 C') ,... C') ~ It) N ,...,... ( ) co N tD N C') ...:! C"Í a; ~~ C"Í .!! .... :; "" 1""1",, ..;; N .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ~ !.c ..;.J ~ ~ ! ~ ~ i ~ ~ ~ "!2!: U;"! ! ~ ~ » ~~ r:: ~ u ~1 u u u u u W u u = ~u u =1 I~ _ 0 '! "" It ~ '! I '! ) ! ~ - !J ='! I '! J I! '! ~ 6 !!i = .¡: 1= :J ::¡ Ii I~ = :J ?::¡ ::¡ ~ II ) --: 1--: I- 1--: !il~ I~ I- ai .a ~ j :5! CII :~ ii CII ai CII ¡ C')u, Ii I.&. W 1 W CII W Ji W w ....(/) cri E 0 !:? Ii :5! t w !e 8 .cco i i C') I~ == iii.... Ið ,... C') 8 .c 11 I:: c ::: Ø) >1:::' a¡ .... WI::: ::I C') ~ 11 6 j :J CI) c I:: cj '5 ë ~ ~ '! ! ~ 0 :J 0 '! S¡,!; .f! i ª I ! I èo i :J I ii . *' -;¡ .... M >,1 C to c ~i Ii :J ~ 8 ~ CII ! ,... :!i!~ ::I i ,i :D 0 Ii g IS E 5! LÎ! S :i !!!. ~ cri ~I ¡ ~ to iJ .:,; = ;g ¡ 8 CII I !! '! E II) I 0 ::¡ ~j ! ¡ "" 0 J: .. :i M I;B ~ W E .Š! .... J i ·1 IV co J: .... rø :D E I .. ~ Ii ~ii I w :D !~ ~I~ ~ CI .. ....CII "CO .... w LÎ! J¡ J ~ II ,¡ ·!f ~ C') !!I Å Œ :!; ~.... CII 'B I:§ e 0 Q. >< .c ~ ~¡ ~ëi;; ~ en ml! 1 ::I I ,I ¡ ~ ~ I.&. IV 1'= :!! !::Ie:: !1! ~I~ ~ i ~ 15¡ ;8 Ii E ... rn .~ ~ ~~ :a:o IðN I- IV ~ J!~ ~ C'4...; ::I ¡ l- t ~ .... III 0 ~o Q. CII .a ,¡ ~ Q. 6 ...... i ~ II e <9 ~LI;J w Iii N_ ~ I I c( ':C~ .2 ....CII ~ ' e 8~ CII II ""ü !III ~"" Q. Q. Q. !::I .10 6 '0 i ~~ ~ ~ J ! I! ~i ,... I!! d;!5 -a Is:! )( m :~ In ::I 1.&.1 I II j ~ ~ f ,g ~i ~ ~ :: e 5 ~ {!. " :!! 01 0 N!::I C') ... &D >.... N s.... .... N N N N -..--" --~ ~ - iñ ... - 'õ ... - II l ~ f i ~" I~ ~~ OJ'; it ~ E :\-;" IIr a:~ ,,;~~ æ~z .~ ii ~ !:::I:::III ;";N,;;11 MMM; Agenda Item No. 16B1 June 28, 2005 Page 20 of 21 N ~ ~ j ~ 5; 88 8 It) It) 88~ J! NN ::I ~~ ~ ,.;~ :3.~ I: >->->->->>- i r<'Í . ;!~ :c ... ... ... ... ... ... ... ... . ¡8 8 00 gOg I: ........ ....... ... cS ~~ ~ cO~ ~~~ .. C\o!."l >->->->->->- ... . N... ~ "'N ... ... ... ...... ... ... ... ~~ ~ ~~ ..~.. !ii~J~ ~j! ~SJ ß() ()() T Ii '!~ J '!Ij '!~:2 ij"liK" ~ ~. ~ ;:)1- ::)1- I~ I- iii ~ l ~ :~ I j . () .¡ ~ . ï ~ Æ IÏI C") I I .... .J! ~ I :::: ¡"Is l- I IÏI ::E~"Is 0.. J E iš ð J "'" E J 1\1 .n .9! 'E I ~ Æ I "" 'I:i .¡ c ::) j ~ ... I ~ Ii II. E I! Ii J 0 ~ II CD ~ ~ 1\1 Ii i I ~ c .n ¡ ("" ~ !. ~ w § 1 I j ~b I~ tII 1 III*" i ¡ ~? ! J ~~ li~ z ~ ~B ùiJ! ij!. 'Bi ~~ J~ I:::: c.> § III I!! :§ fie: ~ I Ii j- ið 1-::) ð :i ~ ~ci: ¡~ ¡ .! ~~ ,; ::: ~ oÑ'f j ~ æ!z ~., !. N C") ..,. It) ~~~ .b~§ :;I:;Iæ 0_ -.:..;.;1 :2l!i 1!1!l!~ 11)(1)-, (1)(1)(1)1%1 -"...._"......_""~._, $1 .~ ¡; '" .1 8 <> z iš;! :!t-: iî'" t~1. ~&.cD -g¡'!6 "§'~ <1. CO) ! ,s" In.~ ~ÑE ~æ8. .... "¡ 0'" ~~ C!)w.... llII-d f llIOIW ---" --- .- I i 8; g ~; ~ ~~ j ~ i CO) 1M CD .~ >- >- >-> >->- "r -i 2~ ~w lit wut lit wilt ~~ ~ ¡e2 ~ 00 . .... .... I: cDS ¡g ~c:: 0 ~~ t:3~ >- >-> >->- (II 0_ .... >- iii .. Ñ": .... rC'ol . 5 wlh W lit W W Wilt 8! I~ !~ ~ ill ï I I ¡t ~Irl! 8 :I ill~ -.. ! II !j ~ ! J .::. I~~ ~ I~ . >- ! (,,) ) u 1 0 ~ ~ I '& = I~ 11 I::: t ]I c ;tI ....J iii 't J '\S i ä !5 J I 1 I w -I \ l1 a:I '!: Ii ¡- li ~ I. 'g ... ~ '" Ii 't :4 Ii It 1]- " 1..14 't I 1\ þ/....t'- I Ii I\~ 11 I , , ~~ i 'J It; ~~ ~ ! II r i q: !,:'~ i !\ ¡ I" U ]~ cø li~ ~Ií Ii ¡ "'"~ .1 ~ N ~ . 1ft '" .Agenda Item No. 1681 June 28, 2005 'i)--6 ,1It~ Page 21 of 21 ,~ I Si . ...., '~...... .. _,"";" "--"I'. :.,.......' .,....~ ........ .....~......,.. ..', .- -'..' 909-~ IOO/lOO'd Oel-,L ...0 Z£./. l.e JUII!4~Jnd ~~uno~ JII I IO~_WOJ, CD ... '\!i III .... f i i II ~t J I II ili ...... !~!~ ,... ...ø :9.:;£ ¡¡)Uiè:llai lO:OI ¡O-II-~e" . ... i Agenda Item No. 1682 June 28,2005 Page 1 of 12 EXECUTIVE SUMMARY Recommendation to authorize staff to approve one (1) Work Order for Professional Design Services related to a LAP Reimbursement Agreement Project titled "Sidewalks - Various Locations" (Contract # 01-3290) OBJECTIVE: To obtain approval from the Board of COW1ty Commissioners for Staff authorization for one (1) Work Order for Professional Design Services which will be inclusive of the Project Design Services and Services During Construction related to a previously approved FDOT Local Agency Program (LAP) Agreement Project titled "Sidewalks - Various Locations". CONSIDERATIONS: On March 8, 2005, Agenda Item 16 B-1, the BCC (1) approved a Resolution approving and authorizing the Chairman of the Board of County Commissioners to execute a Local Agency Program Agreement with the Florida State Department of Transportation, in which Collier COW1ty would be reimbursed up to $437,500 of the total estimated cost of $500,000 for the design and construction of Sidewalks - Various Locations; (2) approved $437,500 and the COW1ty's contribution of $62,500 from the Gas Tax Reserves (313); and (3) approved future fiscal year annual costs of sidewalk maintenance and the necessary budget amendments. The construction of the sidewalk segments are within the Golden Gate City Area at separate locations (see attached Exhibit "A"). Staff is now ready to proceed with the Design and Services During Construction Phases. Accordingly, a Proposal was received from Q. Grady Minor & Associates, P.A. for Professional Services and a Work Order for the sidewalk segments were prepared and are being presented for the Board's review and direction to staff for approval. The one (1) Work Order is for the sidewalk segments in Golden Gate City Area in the maximum amount of$51,650. As indicated in the Work Order, invoicing for the different tasks listed shall be by lump sum and time and materials and for actual reimbursable costs. The BCC authorized $500,000 with the FDOT Reimbursement on March 8, 2005. FISCAL IMPACT: FW1ds in the amoW1t of $51,650 will come from the Transportation Supported Gas Tax fund W1der the Pathways Project #690811 for this work order. Source of funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners authorize staff to approve the one (1) Work Order from Q. Grady Minor & Associates P.A. for Professional Design Services related to a LAP Reimbursement Agreement Project titled "Sidewalks - Various Locations" . Prepared by: Val Prince, Project Manager, A TM Department Attachments: Copy of Work Orders and Proposal Letter Exhibit "A" Exhibit" A" Agenda Item No. 1682 June 28, 2005 Page 2 of 12 Scope of Service is for both Design Services and Services During Construction and the project includes the following sidewalk segments within the Golden Gate City Area: · The Westerly side of 43rd Lane SW from Sunset Road to Golden Gate Parkway. (2,040.41 LF) · The Southerly side of2Sth Place SW from 47th Terrace SW to 47th Street SW. (973.90 LF) · The Southerly side 30th Avenue SW from 53rd Street SW Easterly to the first driveway leading into St. John Newman High School. (170.00 LF) · The Southerly side of 29th Place SW ITom 44th Terrace SW to 44th Street SW. (290.10 LF) · The Northerly side of 30th Avenue SW ITom 46th Street SW to 45th Street SW. (290.10 LF) · The Southerly side of 23rd Place SW from 43rd Lane SW to 41st Street SW. (2,930.90 LF) Item Number Item Summlry M..tlng 01.. Aoenda Item No. 16B2 . June 28, 2[105 Page 3 of 12 COLLIER COUNTY BOARD OF COUNTY COM MISSIONERS 1662 Recommendation to authorize staff to approve one ('I) Work Order fin the amounl of $51,650) for Professional Design St!!rvice& related to.a LAP Reimbural3ment Agreemenl Project tRied 'Sjdewltks - VøriDuS Locations", 6128/2005900.00 AM Pr.p....d By 6/13/Z00ti 4;09:n PM Val PrinCt! Triill'sportíon Services Date ProJItet ManRget A.ltern;¡¡tiv.. r,..n5port.tton Modes. Ca.. Approved By Rhonda Rlfllnbmt Administrative Service.. ContTilct Sp~ciilllisl Purc-hÞsing 6/14./2005 J.:03 PM Dat. Approved By Nom1 E. Feder, AICP TrllhsportiuJI 50n{ ~$ Tr.n"portatiOf1 Oivis.on Admini$tróiltor Tr4ln1iporlatlon Se-rvicll.'I Admin, &i14'2005 3:32 PM Cot. Approved By Diane B, ~" agO Trensportion Servic.es DirectDr of Alternative TranIÞportilltïon Mod... ATM DirectDr Alt.møtive Tr.lnsportlrtion Model &/14/200$ 4:08 PM Catft Approved By Väl Prince Trilnspartion Servir:eli Prof.c.t Mõln"gClr Alternative Trana.pOt1.ation Modes 6/14/20054:18 PM D... Approv.d By Robert N.1.øchary Cnunty Äf1arnay Ässis.tant County Attorney Count)' AttomltY otfíc:", 5/14/20054:53 PM Date Approved By Steve Cllmell Ad,nlnia.tOltivn 51~rviC:ltfl Purchasing/General Svcs Director Pu,c:hIl!Jlõlflil 0/1.'20055:02 PM Dutlll App."oved By Shllron Nf!wnuUl Tmnsportion 5I11rvl¡;:III'_5 Af:COllr¡fing Supnrvi.~or Transportntron Administration 6!16/2005 11:04 AM Cat. Approved By P~t Lehnhard Transportation Services. Executive Secret8lf')' Tr..napor1.1tíon Services Adntin 6116/10052:16 PM Datil!' Approv.d By OMB Coordilldtor County M.an¡¡ger', OffiC4! Adminl1J.1ratlve A,øistutlt Office of Management & Budgililt 6/16/200& 2:43 PM Date Approved By Susan Usher County Manllg'flr'.1 oltlefl SG'nÉDr Managen'MtntJBudget AnalYlt Ot' c~ of ManugO'fnflnt & Budgllt 6/21/20061:40 PM Date Approv.d By Miçh.el Smytcow$ki County Manager's Offiçf! Mllnagement & Budget Dírector Otfh:.e of Menllgement & Budget 6/2112005 1 :66 PM Duff! Approv.d By Jqrnnn V, Mudd Board of C()unty ComtnÍ$:$ionen Cntmty M¡¡nllgeor County Man_g.er'$ mfÌl:':e 6121/20056:39 PM Agenda Item No. 1682 June 28, 2005 Page 4 of 12 WORK ORDER # QGM-Ff-05-06 Agreement for Fixed Tel111 Professional Services Contract Contract Amendment No.1 Dated: September 24,2004 - September 25, 2005 (RFPlBid 01-3290) This Work Order is for Professional (Engineering) Services for work known as: Project Name: Sidewalks - Various Locations (Sidewalks in GG City Area) Project No: 690821 The work is specified in the proposal dated February 28, 2005 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # QGM-FT -05-06 is assigned to: Q. Grady Mjnor & Associates, P.A. Scope of Work: As detailed in the attached proposal and the following: Description Fee Tvpe Amount Task I - Project Kickoff L.S. $ 1,850 Task II - Engineering Survey & Recommendations L.S. $ 6.000 Task m Prclimary Design/Plans L.S. $15,500 Task IV Final Design/Plans L.S. $ 8,400 Task V- Permitting L.S. $ 2,400 Task VI Bidding Assistance L.S. $ 3,000 Task vn Miscellaneous Meetings Time & MateriElls. $ 2,500 T ask VITI Construction Contract Administration Assistance Time & Materials $10,000 Task IX Reimbursables Actual $ 2,000 Schedule of Work: Complete work within three hundred sixty-five (365) days from receipt of the Notice to Proceed which is accompanying this Work Order. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with following method: (check one only) _Negotiated Lump Sum~Lump Sum Plus Reimbursable Costs -LTime & Material (established hourly rate - Schedule A) _Cost Plus Fixed Fee, as provided in the attached proposal. Task I Task II T ask III Task IV Task V Task VI Task VII Task VIII Task IX $ 1,850 $ 6,000 $15,500 $ 8.400 $ 2,400 $ 3,000 $ 2,500 $10,000 $ 2,000 TOTAL FEE $51,650 Any change made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the original Contract Agreement. PREPARED BY: LiP ¡fU';'L'-C Val Prince, Project Manager 2. q. W4,-, /ÍY) I Date / ",';'"'¡""......·i,""'Q¡¡;'''''',',,¡"~,¡ ¡¡j.;w.i;I;;"''',,;,' APPROVED BY: APPROVED BY; ACCEPTED BY: (~m¡"""" ~ AM""',,.,, PA.) Signature of Authorized Company Officer Da.v\oI W. S"",,..,',i1' I \J \<:.~ t>(e¡¡d~ Type or Print Name and Title H-Drive, TO&A TM, Landscape Docs., Work Orders, SAP Work Order Agenda Item No. 1682 June 28, 2005 Page 5 of 12 ~ /6 .;/<røs" / Date 3j-17-fo5 Date Agenda Item No. 16B2 June 28. 2005 Page 6 of 12 Scope of Service is for both Design Services and Services During Construction and the project includes the following sidewalk segments within the Golden Gate City Area: · The Westerly side of 431'11 Lane SW from Sunset Road to Golden Gate Parkway. (2,040.41 LF) · The Southerly side of 25* Place SW from 47th TeITaœ SW to 47· Street SW. (973.90 LF) · The Southerly side 3cJh Avenue SW from 531'11 Street SW Easterly to the first driveway leading into St JoIm Newman High School. (170.00 LF) · The Southerly side of 29* Place SW from 44th Terrace SW to 44th Street SW. (290.10 LF) · The Northerly side of 30* Avenue SW &om 461' Street SW to 45th Street SW. (290.10 LF) · The Southerly side of 23111 Place SW from 431'11 Lane SW to 41- Street SW. (2,930.90 LF) ···,·""·_·,......t~~.__' ........"., , "'. ..........--.,..........,......".."..., . Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers _ Land Surveyors _ Planners Agenda Item No. 1682 June 28, 2005 Page 7 of 12 MARK W. MINOR, P.E. NORMAN ]. TREBILCOCK, A.I.c.P., P.E. C. DEAN SMITH, P.E. DA VJD W. SCHMITT, F.E. MICHAEL]. DELATE,P.E. MA1TIiEW]. HERMANSON, P.E. MICHAEL T. HERRERA. P.E. D. WAYNE ARNOLD, A.I.C.P. ROBERT "BOB" TIDNNFS, A.I.C.P. 'mOMAS]. GARRIS, P.S.M. STEPHEN V. BURGESS, P.S.M. ALAN V. ROSEMAN CHRISTOPHERC. HAYFS,P.E. IVY WYLIE, P.E. February 28, 2005 Mr. Val Prince Collier County Transportation Division 2703 Horseshoe Drive South Naples, FL 34104 RE: Pedestrian Sidewalks - Golden Gate City Dear Mr. Prince: Per your request, Q. Grady Minor & Associates, P.A. is pleased to provide this Proposal to provide Professional Engineering services, pennitting assistance and construction contract administration services for pedestrian sidewalks in the Golden Gate City area of Collier County. These sidewalks are located in several areas and generally provide interconnection to other existing sidewalks. Specific locations with approximate lengths are as follows: 1. West side of 43rd Lane S.W. from Sunset Road to Golden Gate Parkway (2,040' ±) 2. South side of2Sth Place S.W. from 47th Terrace S.W. to 4ih Street S.W. (975' ±) 3. South side of 30th Avenue S.W. from 53rd Street S.W. to the first driveway entry of S1. John Newman High School (170' ±) 4. South side of 29th Place S.W. from 44th Terrace S.W. to 44th Street S.W. (290' ±) 5. North side of 30th Avenue S.W. from 46th Street S.W. to 45th Street S.W. (290' ±) 6. South side of23rd Place S.W. ftom 431'd Lane S.W. to 41st Street S.W. (1,950' ±) The proposed sidewalks are to be 6' in width and generally 3' ftom the edge of the existing pavement to provide a clear zone. In some locations, it may be necessary to meander the sidewalk to avoid existing conflicts. Driveway aprons shall be constructed where non-existent and replaced when not ADA compliant. The following Scope of Services is proposed: I. Proiect Kickoff - Kickoff meeting with Collier County staff to review the proposed Project. Utilizing existing Collier County aerial maps, walk the various Project locations with Collier County staff to detennine the most feasible locations for the sidewalks. This will serve as the Basis of Design for the Preliminary Plans. (239) 947-1144. FAX (239) 947-0375 _ E-Mail: engineering@gradyminor.com 3800 Via Del Rey _ Bonita Springs, Florida 34134-7569. EB/LB 0005151 J:~PROPOSAL\ColJier CountylPcdestrian Sidewalks· Golden Gae City.doc Agenda Item No. 1682 June 28, 2005 Page 8 of 12 2. Eneineerine Survey & Reconnaissance - Based upon proposed routing, perfonn limited engineering survey and reconnaissance to detennine approximate right-of- way location, identify additional driveways and obstructions not identified on aerial mapping and obtain relative elevations. (Where readily available vertical elevation will be tied to established datums.) Reconnaissance and limited engineering survey shall be limited to the pavement area to the affected Right-of-Way where the sidewalks are located and shall not be Right-of Way to Right-of Way. Data obtained shall be sufficient to identify existing drainage and driveway elevations and to establish proposed drainage and driveway elevations where necessary to alter. 3. Preliminary Desi2J1lPlans - Based upon the field reconnaissance and limited engineering survey, prepare Preliminary Design and Plans of the proposed sidewalk improvements. This will represent 30% Design. Plans will be typically at a 1" = 30' scale consisting of plan view only with existing and proposed spot elevations as needed for design and construction. We anticipate the following plans: · Title SheetlIndex of Drawings · General Note Sheet · Overall Location Map · Plan Views: 43rd Lane S.W. (2 to 3 sheets) 25th Place S.W. (1 sheet) 30th Avenue S.W. (1 sheet) 29th Place S.W. (1 sheet) 30th Avenue S.W. (1 sheet) 23rd Place S.W. (2 sheets) · Details Sheets (2 sheets) · Maintenance of Traffic (1 sheet) We will submit 5 sets for review and comment from Collier County staff. We will also forward review sets to the Florida Department of Transportation (FDOT), Florida Government Utility Authority, Florida Power & Light, telephone and cable TV providers for their use. We will prepare a Preliminary Opinion of Probable Construction Cost. 4. Final Desi211lPlans - Based upon the Preliminary Review comments, we will finalize the Plans for Bidding and subsequent construction. This will represent 90 and 100% Design. We will prepare the Technical Specifications and assist in preparation of Bid Documents (Collier County Purchasing Department will take the lead in this item). We will prepare the Bid Form including the listing of bid items and quantities in accordance with Purchasing Department requirements. We will utilize Standard Collier County and FDOT Specifications as applicable. We will update the Opinion of Probable Construction Cost. We will provide 5 sets for review by Collier County staff and 5 sets for review by FDOT. Collier County will coordinate all FDOT reviews. Additional sets will be sent to Utility providers as applicable based upon J:\PROPOSALlCollier County\Pedestrian Sidewalks· Golden Gae City.doc Agenda Item No. 1682 June 28, 2005 Page90f12 their preliminary review. Upon review of Plans by FDOT and Collier County, we will revise plans as requested for County and FDOT final approval. 5. Permittine - We will assist Collier County in obtaining Permits for the Project. We anticipate the following Permits: · South Florida Water Management District No Notice General Pennit (Chapter 40E-400.315) · FDEP Stonnwater Construction Permit (NOI - General Pennit) · Collier County Right-of-Way Permit No Environmental or Collier County Development Services Permitting is anticipated or included. Collier County will coordinate all Collier County Right-of- Way Permitting. We will provide all necessary (4) sets of signed and sealed Plans for this. Collier County shan pay all ApplicationlReview Fees. 6. Biddine Assistance - Assist Collier County in Bidding of the proposed Project. We will provide documents as referenced in Item No.4 for Collier County Purchasing Department along with a reproducible set of Bid Plans. County shall be responsible for reproduction of all Bid Specifications and Plan sets and in their distribution to Bidders. To minimize changed conditions during the period from Final Design to Construction (including new driveways, etc.), we will walk the Project site with County staff to detennine any changes. We will attend Pre-Bid Conference, respond to Bidders' questions through written Addenda (Purchasing Department to distribute Addenda), attend Bid Opening, review Bids and issue Recommendation of Award. We assume that the Project will be Bid as a single package. 7. Miscellaneous Meetines - We will meet with Collier County staff, FDOT, and other interested parties (as directed by staff) to review and discuss the proposed Project. Included in other Tasks are the following meetings: · Project Kickoff · Preliminary Design · Final Design · Bidding Assistance · Construction Contract 1 Meeting/Field Visit 1 Meeting for Review/Comments 1 Meeting for Review/Comments (County and FDOT Local Meeting) 1 Meeting County Purchasing Department 2 Meetings including Pre-Bid Conference and Bid Opening 1 Field Visit to Verify Conditions 1 Pre-Construction Meeting Weekly Progress Meeting During 90-day Construction Period This Task will include any other required meetings including meeting with FDOT outside of Collier County, Public Infonnation Meeting, etc. J:\PROPOSAL\Col1ier County\Pedcstrian Sidewalks· Golden Gae City.doct . '--'-"'~'---'--'~.'-'-"-'- "~-'~-'-_.., Agenda Item No. 1682 June 28, 2005 Page10of12 8. Construction Contract Administration Assistance - We will assist Collier County during construction as requested. We will attend the Pre-Construction meeting, review and approve Shop Drawings and other submittals, review and approve Contractor's Applications for Payment, provide periodic observation of construction, prepare Record Drawings based upon Contractor markups, visual observation of construction, and provide close-out of Construction Pennits. We have not included any resident or full time inspection, construction stakeout, special threshold inspection or testing in these services. We have included 4 hours per week (Portal to Portal) of Progress Meetings and periodic observations over a 90-day construction period. We will establish with County staff and Contractor the final location of the sidewalk improvements in the field during these Progress Meetings. Collier County is to provide any additional observations as needed. We have assumed that a single contractor will be awarded the Construction Contract for the Projéct. Record Drawings do not include any Record Surveys. We will provide Collier County 5 sets of Record Drawings and an electronic copy for their use and submittal to FDOT. We propose to provide these services as follows: Task I 2 3 4 5 6 7 8 Description Project Kickoff Engineering Survey & Reconnaissance Preliminary DesignlPlans Final DesignlPlans Pennitting Bidding Assistance Miscellaneous Meetings Construction Contract Administration Assistance Reimbursable Expenses Fee Type Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Time & Material Time & Material TOTAL Amount $1,850 $6,000 $15,500 $ 8 ,400 $2,400 $3,000 $2,500 $10,000 $2,000 $51,650 On the attached we have provided an anticipated Schedule for the Project. This Schedule is dependent upon County and FDOT approvals at certain stages and the County's Bidding and Contract Award Schedules. Delays in approvals could result in rescheduling. We have provided what we believe is a realistic time schedule for these reviews and approvals. This Proposal only included those items specifically identified and does not include any other additional services. If the Scope of Services changes, we will notify you of the change and any budget or time schedule requirements. J:\PROPOSAL\Collier County\Pedestrian Sidewalks· Golden Gae City.doc · . Agenda Item No. 1682 June 28, 2005 Page 11 of12 This Proposal is subject to the Standard Provisions of the Collier County Fixed Term Engineering Services Contract (FT 01-3290). This Proposal is void ifno Task Authorization or Purchase Order is issued within 90 days of this date. 1iiIl David W. Schmitt, P.E. Enc1s J:\PROPOSAL\CoUier County\Podestrian Sidewalks - OoIden Gae City.doc ... . "~--.'" "-.---- Agenda Item No. 1682 June 28,2005 Page 12 of 12 PEDESTRIAN SIDEWALKS GOLDEN GATE CITY ANTICIPATED SCHEDULE Task Description Schedule Cumulative 1 Project Kickoff 2 weeks 2 weeks 2 Engineering Survey & Reconnaissance 4 weeks 6 weeks 3 Preliminary DesignlPlans 4 weeks 10 weeks County/FDOT Review (Assumed) 4 weeks 14 weeks 4 Final DesignlPlans 4 weeks 18 weeks County/FDOT Review (Assumed) 6 weeks 24 weeks 5 Pennitting (Concurrent with Reviews) 4 weeks 24 weeks 6 Bidding Assistance 6 weeks 30 weeks Collier County Bid Award (Assumed) 6 weeks 36 weeks 7 Miscellaneous Meetings Concurrent with above 8 Construction Contract Administration Assistance 16 weeks 52 weeks Total Anticipated Contract Time is 52 weeks. J:\PROPOSAL\Collicr County\Pedestrian Sidewalks - Golden Qac City.doc Agenda Item No. 1683 June 28, 2005 Page 1 of 15 EXECUTIVE SUMMARY Recommendation to approve County budget amendment to reßect the award of a 51 mUlion loan from the State's Toll Facilities Revolving Trust Fund to the Collier MPO for the SS Jolley Bridge ToU Feasibility Study. OBJECTIVE: Board of County Commissioners approval of a budget amendment to reflect the $1 million loan that has been made to the Collier MPO for the SS Jolley Bridge Toll Feasibility Study. CONSIDERATION: On June 9, 2005 the Collier MPO staff received notification that its $1 million loan request from the Toll Facilities Revolving Trust Fund for the SS Jolley Bridge Toll Feasibility Study was successful. In order for the MPO to receive this loan, the County budget must be amended to reflect the dollar amount of the loan and a project must be opened from which the loan proceeds would be drawn. In the event that tolls are determined to not be feasible for the Jolley Bridge, the loan would be repaid with the Collier MPO's allocation of Federal "XU" dollars in $200,000 increments beginning in FY 2010/2011 and ending in FY 201412015. If tolls are determined to be feasible and are pursued for the Jolley Bridge, the loan would be repaid with future toll receipts. County ftmds would not be used for this loan repayment. Once the budget has been amended and a project opened, staff will work with the Board of County Commissioners, Marco Island City Council, MPO Board and the MPO's advisory committees to develop and issue a Request for Proposals (RFP) for qualified firms that would be able to conduct a financial-grade toll feasibility study and preliminary design of a toll plaza on the north side of the Bridge, if tolls are pursued. The study/preliminary design phase would begin this summer and be completed in approximately one year from commencement. FISCAL IMPACT: A budget amendment is needed to recognize the $1 million loan and will be deposited into a new project titled SS Jolley Bridge Toll Feasibility Study. No County dollars are being committed to the repayment of this loan. GROWTH MANAGEMENT IMPACT: Item is consistent with Collier County's Growth Management Plan and approve the necessary budget amendment. RECOMMENDATION: That the Board of County Commissioners approve a County budget amendment to reflect the $1 million loan for the SS Jolley Bridge Toll Feasibility Study that the MPO has received from the Florida Department of Transportation's Toll Facilities Revolving Trust Fund. Attachment: Notification of Toll Facilities Revolving Trust Fund loan award from the Florida Department of Transportation. Prepared By: Charles Barmby, AICP, MPO Director Agend. Item No. 16ß3 JUl1e 28. 2005 Page 2 of 15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Numb.r Item Summary 1683 Recommendation to approve County budget amendment to refleC11he aWllrd of a $1 million loan trom the Stale's Toll Faciljlies Revolving TruCf Fund to the Collier MFiQ for tI'e SS Jolley Bridge Tofl Fea.sjblUty Study IS/Ze1200b 9:00.00 AM Meeting Olte Approved By Nom" E. Feder, AICP Trólll1spl'Jrtation Division Adminis.trator Dat. Transportjon Scrnricc!'J, Tran~portation Services Admin. &116/2006.:" AM Approved By Charle$; B.armby Pri'lI:i,...1 Pla"our Dot. Tranaporta1íon Sfi'rvÎce5 Trø.n.\portation Plllnning 6/16/200610:01 AM Approved By Pat l.ehnhard EXIPJCuHve Secretary om. TraflUlmrfutioll Services Trllt'l$portat.ion Sltl'Yicltl\. Adtrlin 6/16/20052:23 PM Approved By DMB Coordinator Administrative Aui'liunt Dilte County Miin¡¡ger', Oftíu Ottic.. of Management & Budget 6/16120053:17 PM Approved By SI1I!1rOI1 Newman Accounting Supervisor Dat. Transportioll Sorvi(:c.1i Tnmspartøtioll Adlnlnl.1itratlol\ ¡i1612005 3:28 PM Approved By Mar .( h..chon Budget Analyst Dat. County Manager's Office otflce of Manøgement & Budget 6/211200612;36 PM Approved By Mlchlll&I Sn'Y~(lw1õkí Miln;l¡gttrnltnt & Budg(tf: Diruet('IJ t'lutn County Manager's Office Office of Mõll1.4jJement & Budget 6/21120062:54 PM Approved By Jømes: V. Mudd Count)' Man.gllt Date BD;ud (If County COfTItni$$j()II ~n; County MAnaget's Office 6/.22:12005 8:3& AM ~~. ~.. ? \,.i Florida Deþartment of Transportation Agenda Item No. 1683 June 28, 2005 Page 3 of 15 .IEB Bl'SH GO\'FR'IOR 605 Suwannee Street Tolbhassee, FL 32399-0450 .June 6, 2005 ,IOSf: AßRf.l', SECJtETA RV < ,,.,~... '-""," Ii ,",'. _""'".. ,._~" Mr. Charles Bannby, AICP Interim Director Collier MPO 2885 South Horseshoe Drive Naples, FL 34104 JU~' ¡'\ ',!~ 'i} 2005 ¡:'2:)~<jC'" ; Dear M r. Bam1by: This letter is in response 10 your request for a $1,000,000 loan from the ToJl.ofacilities Revolving Trust Fund to advance the study and preliminary design of a toll plaza on the north side of the SS JoJley Bridge. r am pleased to provide this loan and the signed Memorandum of Agreement for this award is enclosed. Important projects such as the study and design project on the S5 Jolley Bridge allow the To ] Facilities Revolving Trust Fund to continue to be a viable tool that encourages the development of revenue producing road projects. The Department of Transportatiol1 win be happy to work \\'ith you as needed to administer the provisions of Rule Chapter 14-88. F.A.C., Section 338.251, Florida Statutes and Ihe attached Mcmorandum or Agreement. Requcsts for assistance, as well as c01Tespondenee, quarterly progress reports, and annual audits should be fOf\vardcd to the Department's Of1lce of Financìa1 Development in Tanahas~ee. To ensure proper coordination, Stan Cann. District One Secretary, should be copied appropriately. Please contact Christa Dismuke. Toll Finance Manager, for additional infonl1ation concerning trust fund activities, She can be reached at (850) 4) 4-4652 or SC 994-4652. Sincerely, /", /Î /' ,. 1 J ~L~L Marsha Johnson. CPA Director. Office of Financial Development ~~ MJ:cd End osurc cc: Stan Cann. District One Secretary WW\N.dot statef! us @ rH:_:[.'(ÇL€OPA~ËR CoUier MPO Resolution No. 2005-01 Agenda Item No. 1683 June 28. 2005 Page 4 of 15 A RESOLUTION AUTHORIZING THE COLLIER METROPOLITAN PLANNING ORGANIZATION TO ENTER INTO A TOLL FACILmES REVOLVING TRUST FUND MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION IN ORDER TO SECURE A $1,000,000 ADVANCE FROM THE TOLL FACILITIES REVOLVING TRUST FUND FOR A TOLL FEASIBILITY STUDY AND A PRELIMINARY DESIGN FOR A TOLl. PLAZA ON THE NORTH SIDE OF THE SS JOLLEY (MARCO ISLAND) BRIDGE. WHEREAS, the Collier Metropolitan Planning Organization (hereinafter referred to as the "CoBier MPO") wishes to conduct a toll feasibility study and. if the study determines tolling to be feasible, to prepare a preliminary design of a toll plaza on tbe north side of the SS Jolley (Marco Island) Bridge (hereinafter referred to as the "Project"); and WHEREAS, the Florida Department of Transportation has offered to advance funding to the Collier MPO in an amount not to exceed $] ,000,000 to conduct this PMject under the tenns and conditions of the attached Ton Facilities Revolving Trust Fund Memorandwn of Agreement (the "Agreement"); and WHEREAS, the Collier MPO has reviewed and hereby approves the terms and conditions of this Agreement. believing this Agreement to be in the best interests of the citizens of Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER MPO, that: 1. The Col1ier MPO approves, and authorizes its Chainnan to sign,tbe attached Agreement. 2. Staff is hereby authorized and directed to transmit one (1) original copy of this Resolution to the Florida Department of 'rransportation along with three (3) ori&,rinal executed Agreements. This Resolution adopted after motion, second and majority vote favoring same. this K!.-!.. day of [r~.:r C ,2005. ATTEST: METROPOLITAN NIZATION ,/ By: t/ / CharI s . ng, Chairman Agenda Item No. 1683 June 28. 2005 Page 5 of 15 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TOLL FACILITIES REVOLVING TRUST FUND MEMORANDUM OF AGREEMENT Financial Project No.: 195410-1 Contract No.: ANY74 CSFA No.: 55.019 THIS AGREEMENT, made and entered into this 6th day of June 2005, by and bet\vcen COLLI.f:R METROPOLITAN PLAi"lNING ORGANIZATION, hereinafter called JI El'iTITY", and the ST A TE OF FLORIDA DEPARTMENT OF TRANSPORT ATION, hereinafter called "DEPARTMENT". WIT N E SSE T H: WHEREAS, by and in accordance with the provisions of Section 338.251, Florida Statutes (F.S.), and Rule Chapter 14-88, Florida Administrative Code (F.A.C.), the '6EPARTMENT is authorized, upon request of an entity or entities that desire to undc11ake revenue-producing road projects within a county or combination of contiguous counties, to advance from the Toll Facilities Revolving Tmst Fund, hereinafter called" FUND", such moneys necessary and desirable in the judgment of the DEPARTMENT to conduct preliminary engineering studies, traffic and revenue studies, environmental impact studies, financial advisory services, engineering design, right-of-way map preparation, appropriate project-related professional services, and advanced right-of-way acquisition activities as defined by Chapler 14-88, F.A.C. \\'HEREAS, the ENTITY has requested the DEPARTMENT to advance to the ENTITY an amount not to exceed One Million Dollars ($1,000,000) from the FUND to perf 01111 the itcms specified in the application (see Exhibit II) and incorporated herein to conduct a toll feasibility study and preiiminary design of a tol1 plaza, if toI1ing is detcnnined feasíble as part of the study, on the north side oi"thc 55 Jolley (Marco Island) Bridge hereinafter caned the "PROJECT". WHEREAS, the ENTITY by Resolution #2005-01 dated the 8th dayof Apri1200S, a copy of which is attached hereto and made a part hereof, has authorized the Chai1111an to execute this Memorandum of Agreement. NOW, THERIU'ORE, THIS INDENTURE WITNESSETH: In consideration of the mutual covenants herein expressed and the bcnefits to accrue to the partíes of this Agreement by advancement of the amount mentioned herein: THE DEPARTMENT HEREBY COVENANTS AND AGREES: To advance out of the FUND an amount not to exceed One Million Dollars ($1,000,000) to be paid to the ENTITY after determination that the ENTITY provided necessary documentation to the DEPARTMENT to establish thallhe application and PROJECT comply with Section 338.251, F.S. and Chapter 14-88, F,A.C. - J . Agenda Item No. 1683 June 28, 2005 Page 6 of 15 THE DEPARTMENT's obligation to pay is contingent upon annual appropriation by the Florida Jegislaturc. THE PARTIES AGREE THAT: Provisions of339.135(6)(a), F.S., are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its tenns, involves the expendil.lIre of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract vcrbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract The Depanment 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 one year. but any contract so made shall be executory only for the value oflhc services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall b~ incorporated verbatim in a1! contracts of the Department which are for a11 amount in excess of $25,000 and \vhich have a term for a period of more than one year." - THE ENTITY HEREBY COVENANTS AND AGREES: l. Funds advanced under this Agreement and interest derived from the investment of said funds shall be used by the ENTITY to implement the PROJECT as specified in this Agreement. 2. The DEPARTMENT shall hold the ENTITY accOlmtabJe for compliance with aU provisions of this Agreement, Section 338.251, F.s., and Chapler 14-88. F.A.C. 3. Upon execution of this Agreement by the DEPARTM.ENT and ENTITY and the satisfàctíon of special conditions by the ENTITY, (see Exhibit I), the DEPARTMENT shall start FliND advance processing (drawdown). In accordance with projected financìaJ needs specified in approved project budgets in Exhibit n, the DEPARTMENT will draw'down and provide to the ENTITY the tirst and second quarters' financial requirements for awards of $500,000 or less. Subsequent drawdowns shall be requested by the ENTITY semi-allllually but no earlier than 60 days prior to the six month period to be financed. ENTITY drawdown requests shall he filed with the DEPARTMENT concurrently with project quarterly progress reports. For awards of more than $500,000, subsequent drawdowl1s shall be made on an tirIDuaJ basis. Cmnulative expenditures that result in savings each quarter shan be deducted from the requested funds of future drawdown requests. 4. Advances madc from the FUND to the ENTITY shall be repaid as required by Sections 338.251(4), (7), and (9). F.S., including interest eamings accrued from the investment of advances. (a) The ENTITY shaJ1 provide written notice to the DEPARTMENT at 1he times of initial bond issuances whether it elects to repay advances from: initial bond proceeds; or, Oil the basis of repayment schedules. When a repayment schedule option is selected, a schedule in the f0I111 of a res()lution from the goveming body of the ENTITY shall accompany the notification. When repayment is elected ont of the initial bond issue proceeds, provìsion shall be made for such repayment in the bond resolution and repayable in ful1 upon sale of the honds. - 2 - ---~--,-- -----,~.,- Agenda Item No. 1683 June 28.2005 Page7of15 (b) When bonds are not issued, repayment shall remain a requirement. In such case, a repayment schedule in the fonn of resolution from the governing body ofthe ENTITY shall be furnished the DEPARTMENT no later than 90 days prior to the end ofthe sixth year from the date of this Agreement. Repayments of principal and investment interest earnings shall begin no later than 7 years after the date of the advance, provided repayment shall be completed no later than 12 years after the date of the advance. 5. The ENTITY acknowledges that it shall be wholly responsible, to the extent pennítted by law, for any claim, loss, damage, charge, cost, expense or cause of action, of any kind or nature whatsoever, or portion thereof, arising out of any act, action, neglect or omission by the ENTITY, the ENTITY'S assigns, agents, employees or officers relating to its work undertlùs Agreement. The ENTITY further acknowledges that whether or not any c1aim, loss, damage, charge, cost expense or cause of action, or portion thereof, arose out of any act, action, neglect or omission by the ENTITY, the ENTITY'S assigns, agents, employees, or officers regarding works under this Agreement shall be as determined by a court of competent jurisdiction or administrative agency j!r other tribunal with authority to bind the parties. Moreover, the ENTITY shall actively cooperate and participate as required by the DEPARTME1\"T at the ENTITY'S expense at the initiation of any suit or administrative or other proceeding in anyway related to or regarding the ENTITY'S work under this Agreement. The ENTITY win remain an active participating party throughout the duration of such suit or proceeding unless or until the court or tribunal conducting the suit or proceeding detennines that the ENTITY has no liability for the damages claimed. 6. The DEPARTMENT'S District Secretary of District One shall actively participate in the selection of consultants with the ENTITY, and in the approval of the scope of work proposals and products by consultants. 7. The ENTITY shall comply with the provisions of: (a) Chapter 287, F.S. - Procurement of Personal Property and Services; (b) Chapter 119, F.S. - Public Records; and, (c) Chapter 3A-40, F.A.C. - Rules of the Bureau of Auditing. 8. The ENTITY is authorized to obligate and expend trust funds and interest earnings on the basis of approved project budgets, but is not authorized to use funds for administrative, audit, legal. contingency costs, or for those items prohibited by Rule 3A-40.103, F.A.C., except that legal costs may be advanced for the right-of-way acquisition process. No authority is granted to obligate or expend funds, or initiate or conduct activities that would result in the obligation oftrust funds for items or activities that have not been authorized in approved project budgets, schedules or objectives. Any unauthorized expenditure of funds plus interest shall be immediately returned to the DEPARTMENT in accordance with a schedule approved by the DEPARTMENT. Amended project budgets, schedules and objectives can be requested by local government entities at any time after the execution of this Agreement but approval is at the discretion of the DEPARTMENT and shall be limited to achieving the objectives and activities first approved in the affected a!,rreements. - 3 - Agenda Item No. 1683 June 28. 2005 Page 8 of 15 9. The ENTITY shall strncture and m&:1age consultant contracts in phases to provide for the termination and payment for work to date if a candidate project is determined non-feasibJe. 10. Upon tennination of the PROJECT, unspent proceeds (fund balances and interest earned) shall be immediately remitted to the DEPARTMENT by the ENTITY. The returned proceeds shall be counted toward the repayment of the FUND Joan. 11. The ENTITY shall immediately remit to the DEPARTMENT all remaining funds and interest earned upon completion ofwork approved in this Agreement. 12. Funds orinterest earnings "not committed" as definedín Chapter 14-88, F .A.C., after one year from the date of this Agreement shall be remitted to the DEPARTMENT. A balance of proceeds can be retained sufficient to liquidate executed contracts financed by funds approved in the Agreement. 13. If the candidate project is determined to be financially unfeasible by the DEPARTMENT - or ENTITY, further obligation of awarded applicant project funds shall be terminated by the ENTITY until it is documented to and approved by the DEPARTMENT that it is in the best interest of the ENTITY and State ofFJorida to continue with this PROJECT. 14. The DEPARTMENT is the Trustee of the FUND. As such, it is legally responsible for and shall safeguard advances from improper use or fiscal irresponsibility when detected, and enforce the repayment of advances and interest earnings with aU legal means appropriate. In this regard, the fonowing shall be implemented: (a) The ENTITY shall provide to the DEPARTMENT progress reports on "program and financial activities" that occur each quarter following the execution of this Agreement. The reports shall be signed by an individual authorized by the ENTITY. The following program information shall be included: program accomplishments (specific actions taken to implement approved objectives/activities and percent of accomplishments for each from 0% to 00%); problems delaying implementation; and revised project schedu1es if activities are not confonning to approved project schedules. The foIJowing financial infom1atiou shall be included: beginning fund balances; list and purpose of expenditures for each approved activity; ending fund balances for each approved activity; interest earned to date; the interest percentage rate being eamed; and, the amount and percent of funds being contributed to the project from other sources. The ENTITY sha11 provide additional infonnation as deemed appropdate by the DEPARTMENT. (b) Program records and financial records of the PROJECT shaH be maintained separate and apart from non-project records and accounts by the ENTITY to prevent commingling and to assure a clear aud.it trail of all activities. Separate financial accounts shall be maintained for each FUND Memorandum of Agreement executed. The DEPARTMENT shaH have the right to conduct on-site monitoring visits and audits, and the ENTITY shall assist the DEPARTMENT in the inspection and audit of books, records, - 4 - Agenda Item No. 16B3 June 28, 2005 Page 9 of 15 accounts, data, and aU related project infonnation, or in the copying or removal ofthe same for such purposes at all reasonable times. (c) The DEPARTMENT shall have the authority to take the following actions when it is determined the ENTITY has not complied with Section 338.251, F.S., Chapter 14-88, F.A.C., or this Agreement. (1) Notify the ENTITY of the violation and require proof of correction within a speci tied time period, or (2) Suspend the processing of drawdown requests until it is documented that the violation is corrected, or (3) Notify û1e ENTITY to suspend activities approved in this Agreement and to stop the obligation and expenditure of funds until further notice at which time appropriate legal action shall be taken by the DEPARTMENT. - 15. The ENTITY wiJ] not use the funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency as ordered in Section 216.347, F.S. 16. In accordance with Section 287. 134(3)(a), F.S., an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair ofa public building or public work, may not submit bids on leases of real property to apublic entity, may not be awarded or perfonn work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any pub1ic entity. 17. The administration of funds awarded by the DEPARTMENT may be subject to audits and/or monitoring by the DEPARTMENT. By entering into this AGREEMENT, the ENTITY agrees to comply and cooperate wiÛ1 any monitori11g procedures/processes deemed appropriate by the DEPARTMENT. 18. In addition to reviews of audits conducted in accordance with Section 215.97, F.S., monitoring procedures may inc lude, but not be limited to, on-site visits by DEPARTMENT staff, limited scope audits, and/or other procedures. By entering into this Agreement, the ENTITY agrees to comply and cooperate fuBy with any monitoring procedures/processes deemed appropriate by the DEPARTMENT. In the event the DEPARTMENT determines that a limited scope audit of the recipient is appropriate. the ENTITY agrees to comply with any additional ~nstructions provided by the DEPARTMENT staff to the ENTITY regarding such audit. The ENTITY further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. 19. In the event that the ENTITY expends a total amount of State awards (i.e., State tinancial assistance provided to the ENTITY to carry out a State project) equal to or in excess of$500,000 in any fiscal year of the ENTITY, the ENTITY must have a State single or project-specific audit for - 5 - Agenda Item No. 1683 June 28, 2005 Page 10 of 15 suchfiscaJ year in accordance with Section 215.97, F.S., applicable rules ofthe Executive Office of the Governor and the CFO, and Chapter 10.550. Rules of the Auditor General. In detennining the State awards expended in its fiscal year, the ENTITY shall consider all sources of State awards, including State funds received from the DEPARTMENT, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 20. In connection with the audit requirements addressed in paragraph 19., the ENTITY shall ensure that the audit complies with the requirements of Section 215.97(7), F.S. This incJudes submission of a reporting package as defined by Section 215.97(2)(d), F.S., and Chapter 10.550, Rules of the Auditor General. 21. If the ENTITY expends less than $500,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, F.S., is not required. In the event that the ENTITY expends less than $500,000 in State awards in íts fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97,F.S., the cost of the audit must be paid from non~State funds (i.e., the cost of such an audit must be paid from ENTITY funds obtained from other than State entities). 22. State financial assistance is to be identified using the Catalog of State Financial Assistance (CSFA) Title and Number; the award number (DEPARTMENT'S Financial Project Number) and year; and name of the state agency awarding it. 23. The ENTITY shallfoJlow-up and take corrective action on audit findings. Prepardtion of a summary schedule of prior year audit finding; including corrective action and cummt status ofthe audit findings is required. Current year audit findings require corrective action and status of findings. 24. Records related to unresolved audit findings, appeals, or litigation shaH 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 DEPARTMENT, the state CFO, and the Auditor Genera!. This does not limit the authority of the DEPARTMENT to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. 25. Copies of reporting packages required by Section 215.97, F.S., shall be submitted by or on behalf of the ENTITY directJy to each of the foHowing: Florida Department of Transportation Office of Financial Development, MS 7 605 Suwannee Street Tallahassee, FL 32399·0450 -6- Agenda Item No. 1683 June 28. 2005 Page 11 of 15 State of Florida Auditor Ge~era1 Room 40 I, Claude Pepper Bui1ding 111 West Madison Street Tallahassee, FL 32399·1450 26. Any reports, management letter, or other infonnation required to be submitted to the DEPARTMENT pursuant to this AGREEMENT shall be submitted timely in accordance with Florida Statutes, and Chapter 10.550. Rules of the Auditor General, as applicable. 27. The ENTITY shall retain sufficient records demonstrating its compliance with the tenus of this AGREEMENT for a period of at least five years from the date the audit report is issued, and shall allow the DEPARTMENT, or its designee, the state CFO, or Auditor General access to such records upon request. The ENTITY shall ensure that the independent audit working papers are made available to the DEPARTMENT, or its designee, the state CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the DEPARTMENT. - ·7- Agenda Item No. 1683 June 28. 2005 Page 12 of 15 EXHIBIT J SPECIAL CONDITIONS OF THE MEMORANDUM OF AGREEMENT BETWEEN THE DEPARTMENT AND ENTITY: The Loan Repayment proposal by the ENTITY in the Application is approved by the DEPARTMENT. The repayment of the principaJ of the loan win be mãde in equal annual instaUments of $200,000 beginning in Fiscal Year 20] 0/11 and going through Fiscal Year 2014/15. The ENTITY further agrees that as part of its commitment to repay tbe loan, and associated investment interest to the FUND, the repayment wilt be from toll revenues of the bridge shouJdit become a taU facility. If the bridge does not become a toll facility or if adequate funds arc not available ITom toll revenues, then the ENTITY will make repayments from the ENTITY'S future aUocation of "XU" Federal funds ITom the DEPARTMENT'S Work Program. - 8· Agenda Item No. 1683 June 28. 2005 Page 130f15 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first written. WITN~~ STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ~þ. José reu, P.E. SECRET ARY of TRANSPORTATION BY: 'iY/ QI/) (1/1/:ß /}tUJVl I <r \\lTNESS: ::d~:7L /tv ~/~ þf· AÂtïrt>v~ Legal Review By:~ ;.~_ t-I-OJ ./ /' /' COLLIER MPO A J ~t~~- WITNESS: BY: suf f¡Clene y ,-,,,,,-,_._,~,-_.,_.,, ' ". -9- EXHIBIT II COLLIER MPO Application for Toll Facilities Revolving Trust Funds . 10· Agenda Item No. 1683 June 28. 2005 Page 14 of 15 - Agenda Item No. 1683 June 28. 2005 Page 15 of 15 ~ Florida Department of Transþortation JE.B BUSH GovERNOR 605 Suwo nlîee Street Ta¡iaho~~ee. FL 32399-0450 JOSÉ i\IIREl! SECRf::.1ARY M E M 0 RAN DUM: DATE: TO: May 20,2005 FROM: Lowell Clary, Assistant Secretary for Finance & Administration Ysela Llort, Assistant Secretary for Intermodal Systems Development _ Kevin Thibault,.Assistant Secretary for Engineering and Operations Sarah Strickl~nd, C;];ief Staff ~ ' José Abreu, S~retary f../V" Executive Board';;;, ittee, Personnel, Legal COPIES: SUBJECT: DELEGATION OF AUTHORITY FOR SECRETARY JOSÉ ABREU You are delegated signature and approval authority anytime during my absence from the office. Signature should be made "in vour name for the Secretary of Transportation." This delegation will remain in effect until rescinded by me. In the event all of you are out of the office, signature authority is delegated to Marion Hart. Please ensure all documents requiring signature and/or approval under this delegation are forwarded to my office for proper coordinationllogging prior to signing and also B£.ovide a reading file CODV of anv documents vou sian. JA:mb W'NW.Qot.st:ate .fl.us @ J',EI';'C\.Eù PAP~" Agenda Item No. 16B4 June 28, 2005 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to approve the purchase of one (1) 20 cubic yard dump truck from Wallace International Trucks, Inc. in the amount of 591,225 per Collier County Bid #05- 3731. OBJECTIVE: To provide continued maintenance on roadways throughout Collier County. CONSIDERATIONS: On May 17, 2005 one (1) 16 cubic yard dump truck was involved in a vehicular accident resulting in a total loss of the vehicle. Collier County has received a letter from Wallace International Trucks, Inc. agreeing to honor the bid prices and specifications ITom Collier County Bid #05-3731 until July 1,2005 in the amount of$91,225. FISCAL IMPACT: Funds in the amount of $21,225 are available in Fund 101 Transportation Services. A budget amendment is needed in the amount of $70,000 to recognize revenue received ITom the insurance claim for replacement of this vehicle. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve the purchase of one (1) 20 cubic yard dump truck ITom Wallace International Trucks, Inc. per Collier County Bid #05-3731 in the amount of$91,225. Approve necessary budget amendment. Prepared by: Travis D. Gossard, Supervisor Vegetation Mgmt. Road Maintenance Dept. Attachment: Confirmation letter from Wallace International Trucks, Inc. Agenda Item No 1Gß4 June 28. 2005 PAge 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Itlm Numb.r Itlm Summary 1684 The pUrCha¡¡e of one(1)2fJ cu.yd Dump Truck for lhe replacement of 02015916 cu. yd Dump Truck that was totaled In Ii vehicular accident on May 17. 2005. Total replacement cost for ne'\W dump truck $91,225 00 6/28/20059:00.00 AM Meeting Dill Approved By John Vliet Roads M.lntensnce SuplI!rint..l1d.n1 Daie Tran..partlon Siltrvicilts Road Maintenançe 6/21/2005 fi;"'1 AM Approved By Brflnda Briltunt Pu,.c:huí"U Allten, Dnte Adh1inistfatill'e Serviees Purchiilsing 6121120069:48 AM Approved By Lisa: Taylor ManagementlSudgol AnalY1it Date TrnnUI)()ltion 5e""iCIt/l Tran&porttltion Adminíuhat on 6121/200£ 10:14 AM Appro,'ed By Norm E. Feder. AIC:P Transport;ition Dlvi5ion Adminj.tratol" Date Trlll1l1oportion $el'Vi¡:.esc Tran1liportatiOf1 6ervÎu~ Adnlin. 6/.21/200510:36 AM Approved By P.t Lehnhard becutlve Secretary Dat~ Tran"portation Sl!'ryjçC'~ TtllnspOMa1ion StH'Iic1IS Admin 6/21/200& 10::)9 AM Approved By Stove Clln,ell Purchulng1General Bves Dirtlc:'tor Date Administr.th/~ Services Purchasing 61211200512:58 PM Approved By MilceHòllJtar At:l uilloitío" Mana£ 'm Dutf! Adminìs.trative Servìc8s Purchasing 6/2112006 5:40 PM Approved By Michael Smvkows.ki Management & Budget Oìntclor Da1e County MUII.pgnr'1i Office Oftilm (), Managflt"lUtflt & Budflnt 612V2005 4:411 AM Approved By Jamn V. Mudd Bo.ard of County Commluioncn¡ County ManaQor Dilt~ County Manager'" Office 6122,20ÐS 9:&9 AM Agenda Item No. 1684 June 28, 2005 Page 3 of 5 EXECUTIVESU~Y Recommendation to approve the purchase of three (3) 20-CY Diesel Powered Dump Trucks in accordance with bid #05-3731 from Wallace International Trucks in the amount of $273,675.00. OBJECTIVE: To enhance the daily repair and maintenance on County roadways and Right- Of- Ways within the Road Maintenance Department. CONSIDERATIONS: Sixty-Six (66) invitations to bid were sent out on October 6, 2004 and four (4) were received and opened by the County Purchasing Department on October 20,2004. Staff has reviewed all bids and found that the low bidder did not meet minimum specifications for the following reasons. Walsh Freightliner and Walsh Freightliner (Alternate): Engine was not wet sleeve design; Chassis was bid as tandem axle, Tri Axle was requested, dump body does not meet minimum dimension specifications. Due to the following exceptions, staff recommends that the bid submitted by Wallace International Trucks, Inc. be selected as the lowest bid proposal meeting or exceeding specifications. Summary of the bid tabulations is as follows: Vendor Name: Walsh Freightliner Walsh Freightliner Wallace International Freightliner Trucks Total Price: $230,091.00 (Alternate) $239,775.00 $273,675.00 $320,739.00 FISCAL IMPACT: Funds in the amount of $273,675.00 are budgeted in Road Maintenance Fund 10 1 Capital. GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners award Bid #05-3731 to Wallace International Trucks, Inc. in the amount of $273,675.00 for the purchase of three (3) 20- CY Diesel Powered Dump Trucks. Travis D. Gossard, Supervisor Vegetation Mgmt. Road Maintenance Department Page 1 of 1 Agenda Item No. 1684 June 28,2005 Page 4 of 5 goasard_t From: phil Hackett [phil.h@Wallaceintltrucks.com] Sent: Tuesday, June 14, 20052:39 PM To: gossard_t Cc: knkwallaœ@earthlink.net Subject: Replacement Unit Mr. Gossard, Wallace International Trucks, Inc. is pleased to match the pricing structure of Collier County Purchase Order# 450003976 (81D# 05-3731) for the purchase of one (1) additional Intemational 7500 6X4 20 cubic yard dump truck. This offer is made with the stipulation that a purchase order for the unit is received by Wallace International Trucks, Inc. no later than July 1sl. 2005. In Mr. Ken Wallace's absence please feel free to contact me for any additional information that you may need. Thank you, Phil Hackett Wallace International Trucks Business Manager 239.334.1000 - P 239.334.8712 - f 239.633.0599 - c 6/20/2005 '<tLCJLCJ 0)0.... (000 .-N_LCJ 000 (I) ZNC') Eê8: (1):::1 :::::-, ro "0 I:: (I) C') ~ f') .. ~ ~ CD U CD It: .v CDO œ~ '=CÕ u t:8 o õ o cø cø .¡.; C GJ fI) ., GJ U :g Z 'E tU rn rn o t!) rn .~ ~ .. ..: , 1i l ã) rn CD is >- ~ ~ §: g CD ¿..¡ ~ ~ ~ ~ è! CD 0 .~ M N ~ ~~ ~JJo:8 rnU..º .- 2 ~ U ~I-¡¡¡O u. Q... ., "Eo~ .!! :::I .... ... :t=OCC 1-"C.2~ ts~'tã.E GJCD"5¡ '[ ~ .c 0- Doc..~O "CI :; .. .. j~ i; æ¡¡ ,CI~ ~ ~~ arl.) ~e "Et: ~~ ~1 ii cJ ~ ~ i ~ C ~ · j g ~ i Ë ~ ~E-o ~ Do oS =' o rI.) .... o -B~ e 'C E-o,s t~ ë ~ ... ~ .. ~ t e ~ z o ¡ æ (.) fI) w C 000 000 IriLriLri N"""" 0)"""" a) a) a) ""('1)('1)0 NNCO - .... .... .... 000 000 ,..:.,..;.,..; 0)0)0) cooo cõòò~ ""('1)('1)_ NN .... .... .... 888 LriLriLri N,........o N. ct:t ct:t C"o1 .....('I)C")- 0)"""'" NN~ .... .... .... 888 Ma)a) .....('1)('1) 0)"""" g~~ .....('I)C") ~ 2 I- ~ :::I o "C ~ Q) .. ~ ~ 0 .- Co ;!~ ~ .~ co "1_ "51£2 ,- CD E ~ æ~ .... .... .... ~-~.. tU('I)-O w-ma:: ;;:;'CDGJ< .~ ~ IS ~ c.._&DtU ~S-o coJ9~ ::>l-otU 1-"0 c CD ëõ U .~ CD E 1= ~ CD .~ ~ o N ..... >- >- >- >- C". "0 Q) '£ ~ rn c o ~ t! !5 CD Q. en en "L. ~ :::I Õ ~ C tU ~ >- .~ ¡ ¡] ~ ¡;! u u Õ u Zr/: >- >- >- c o :.¡::¡ ~ "0 C tU CD E tU Z ~ 13 tU U. B .~ ~ .... ... 0. æ ~ .¡:: ~ J t 13 ~ ¡ ~ ~ 1:1 ~ ~ ,~ J o ¡,¡ I Agenda Item No. 16C1 June 28,2005 Page 1 of 10 EXECUTIVE SUMMARY Recommendation to approve, execute and record Satisfactions for certain Water and/or Sewer Impact Fee Payment Agreements. Fiscal impact is $58.50 to record the Satisfactions of Lien. OBJECTIVE: Recommendation that the Board acknowledges full payment, and executes Satisfactions for the Agreement to Extend Installment Payment of Water and/or Sewer System Impact Fees. CONSIDERA TlONS: The Board of County Commissioners of Collier County, Florida as Ex-Officio the Governing Board of the Collier County Water Sewer District, is the owner and holder of the Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees executed by: SEE ATTACHED EXHIBIT "A" Full payment and satisfactions of these agreements have been made. The County Attorney's Office has reviewed and approved the satisfactions. FISCAL IMPACT: Satisfaction of these agreements has increased the cash flow in the water impact fee (Fund 411) by $0.00 and sewer impact fee (Fund 413) by $6,038.36. The fiscal impact for recording the Satisfactions of Lien is approximately $58.50, which is to be charged to (Fund 408) the County Water/ Sewer Operating Fund Utility Billing cost center. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: Recommendation to acknowledge full payment and the satisfactions of these agreements and to surrender the same as canceled. Authorize the Chairman to execute the Satisfactions of Notice of Promise to Pay and Agreement. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service Agenda Item No. 16C1 June 28, 2005 Page 2 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS "em Number Itlm Summary 16C1 Recommendation to sppro't8. e%8cute and record Satisfactions for certain Water and/or Sewer Impact Fe-e Payment Agreements. Fi:liica[ Impact i$ $58.50 to r!lcord the Satís'a~ions of líen M.ltlng Dltl 6128/20059:00.00 AM Appro.ed By John A. Yonko~ky Utility Billing Director Oat. Publit: Utìll1ies UDCS 5/30/20056: 18 AM Approved By Tft"'UI Rìll~'" RllvClnuo MannUllr Ch'fe: Pub jç Utllìti.s UBCS S131J200S 2:15 PM Appro.ed By Pam Callis Fhtvft"lI~ Supervisor Oat. Pu bile Utlliti~ uaes 513112006 4:35 PM Appro.ed By Thomas Wides Operations Direc.lor Date Public U1í11tio$; Public Utilitien Operation", 6n1:Z005 11:2" AM Appro.ed By James W. DpLony Public UtîlitieSl Administrator Dat., Public Utilitiff1 Public UtWlieø AdlnÎnlstration 8/8/2005 9,00 AM Approved By OMB Coordinator AdlYllni..trBti\le Aøsist.nt Date County Manager's Office Office of Managll1ment & BudO<et 6110/200& "2:10 PM Approved By SU.$'U\ U:.hl~r S."n¡pr MønagltmnnlJSlld!'Jillit Aludy"t Dutil! County Manager's Office Office of Man'9ement & Budget 6(13/2006 ":4" PM Approved By Miehul Smykowski M.ulagemtlnt & Budgot Oirector Dattl Caurlt.v MIUI,I!fU"''' Otficl~ OHir.H of M.nAgenutflt,\ Budunt 6117 i200 6 9:00 AM Appro.ed By James¡ V, Mudd Board 0' County Commiuionll'ni County Manager Date CQunty Manager's Office 6/17/200511:41 AM -,~- Agenda Item No. 16C1 June 28, 2005 Page 3 of 10 EXHIBIT "A" 1. Andrew D. Adams and Leslie C. Adams, husband and wife, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00). Folio #81628360002. 2. Margaret A. Carriere, a single, securing the principal balance of seven hundred twenty nine dollars and eighteen cents ($729.18). Folio #68344360008. 3. Hildebrant, Todd A. & Nicole S., husband and wife, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00). Folio #48482920003. 4. Eugene Lane and Diana L. Hutchinson Lane, formally known as Diana L. Hutchinson and Diana L. Hudon, husband and wife, securing the principal balance of one thousand two hundred forty nine dollars and eighteen cents ($1,249.18). Folio #68343720005. 5. Donald R. Robertson, and Doris G. Robertson, husband and wife securing the principal balance of one thousand seven hundred dollars and no cents ($1,700.00). Folio #81621160005. Agenda Item No. 16C1 June 28, 2005 Page 4 of 10 ..~".<--- Agenda Item No.1 BC1 June 28. 2005 Page 5 of 10 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Andrew D. Adams and Leslie C. Adams, Husband and Wife Whose mailing address is 220 Pine Key Ln Naples, FI. 34114 Bearing the date of the 19th day of November 1999, recorded in Official Record Book 2613 Page(s) 0401, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT NO. 209, WEST WIND MOBILE HOME ESTATES, A CONDOMINIUM, AS MORE FULLY SHOWN IN OFFICIAL RECORD BOOK 630, PAGES 1883 THROUGH 1932, AS AMENDED, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; TOGETHER WITH ALL UNDIVIDED INTERESTS IN THE COMMON ELEMENTS OR SURPLUSES ACCRUING TO SAID PROPERTY. TOGETHER WITH THAT CERTAIN 1978 FUQU MOBILE HOME WITH IS CURRENTLY LOCATED ON AND PERMANENTLY ATTACHED TO THE AFORESAID REAL PROPERTY, WITH TOW BAR REMOVED, WITH VEHICLE I.D. 5610A AND 5610B AND MOBILE HOME SERIAL NUMBERS 15486077 AND 15486078, WHICH HAS BEEN INCLUDED AS REAL PROPERTY HEREIN AND STATE DOCUMENTARY STAMP TAXES HAVE BEEN PAID UPON HEREIN. FOLIO NUMBER: 81628360002 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2005. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE Agenda Item No. 16C1 June 28. 2005 Page 6 of 10 GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT Approved as to form and legal sufficiency: David C. Weigel County Attorney FRED W. COYLE, CHAIRMAN ,-_. _._...._-_.~.,- ---...-.~-->" Agenda Item No 16C1 June 28, 2005 Page 7 of 10 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Margaret A. Carriere, a single Whose mailing address is 113 Moon Bay Naples, FI. 34114 Bearing the date of the 23rd day of September 1999, recorded in Official Record Book 2594 Page(s) 1129, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of Seven Hundred Twenty Nine Dollars and Eighteen Cents ($729.18) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 113, PORT-AU-PRINCE ACCORDING TO THE PLAT RECORDED AT PLAT BOOK 13, PAGE 51 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 68344360008 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: FRED W. COYLE, CHAIRMAN David C. Weigel County Attorney Agenda Item No. 16C1 June 28, 2005 Page 8 of 10 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Hildebrant,Todd A. & Nicole S. Husband and Wife Whose mailing address is 1022 Manatee Rd Naples, FI. 34114 Bearing the date of the 3rd day of June 1999, recorded in Official Record Book 2554 Page(s) 0051, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT NO. D302 OF GULF WINDS EAST, A CONDOMINIUM, AS RECORDED IN CONDOMINIUM PLAT BOOK 4 AT PAGES 153 - 154, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 48482920003 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2005. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT Approved as to form and legal sufficiency: David C. Weigel County Attorney FRED W. COYLE, CHAIRMAN Agenda Item No. 16C1 June 28, 2005 Page 9 of 10 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Eugene Lane and Diana L. Hutchinson Lane, formerly known as Diana L. Hutchinson and Diana L. Hudon, husband and wife Whose mailing address is 96 Isle of St. Thomas Naples, FL 34114 Bearing the date of the 18'" day of August 1999, recorded in Official Record Book 2582 Page(s) 2967, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Two Hundred Forty Nine Dollars and Eighteen Cents ($1,249.18) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 96 OF THE UNRECORDED PLAT OF PORT-AU-PRINCE MOBILE HOME SUBDIVISION WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST ONE-HALF OF THE EAST ONE-HALF OF THE NORTHEAST ONE-QUARTER OF THE SOUTHWEST ONE..QUARTER OF THE SOUTHEAST ONE..QUARTER OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, LESS THE NORTH 450 FEET AND SOUTH 150 FEET THEREOF AND LESS THE WEST 60 FEET THEREOF, FOR ROAD RIGHT -OF- WAY FOLIO NUMBER: 68343720005 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: FRED W. COYLE, CHAIRMAN David C. Weigel County Attorney Agenda Item No. 16C1 June 28. 2005 Page 10 of 10 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Donald R. Robertson, and Doris G. Robertson, husband and wife, Whose mailing address is 181 Pine Key Land Naples, FL 34114 Bearing the date of the 6th day of October 1999, recorded in Official Record Book 2598 Page(s) 3063, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Seven Hundred Dollars and No Cents ($1,700.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT NO. 29, WEST WIND MOBILE HOME ESTATES, A CONDOMINIUM AS MORE FULLY SHOWN IN OFFICIAL RECORD BOOK 630, PAGES 1883 THROUGH 1932, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS AMENDED; TOGETHER WITH ALL UNDIVIDED INTERESTS IN THE COMMON ELEMENTS OR SURPLUSES ACCRUING TO SAID PROPERTY. FOLIO NUMBER: 81621160005 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2005. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT Approved as to form and legal sufficiency: David C. Weigel County Attorney FRED W. COYLE, CHAIRMAN Agenda Item No. 16C2 June 28, 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 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. -_-0-_,"",,".··.,-- FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Lien and the Resolution is approximately $20.00, which is to be charged to County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the one Satisfaction of Lien on the account listed in the Resolution and authorizing the Chairman to sign this one Satisfaction of Lien for the 1992 Solid Waste Collection Services Special Assessment Lien. PREPARED BY: Pam Callis, Revenue Supervisor, Utility BiHing Customer Service -~.-"__"'" Item Number It.m Summary Meeting D.te Approved By John A. Yonkosky Public Utlllt¡., Agenda Item No. 16C2 JUI'G 28, 2005 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C2 RecamrY'lendatlon to adopt a Resalutíon to apprO'Je tne SatIsfaction of lien for a SOlId Was.te residential account wherein the County has received paymlmt and ¡aid Lien is satisfied in full for the 1992 Solid Waste Collection Bnd Disposal Services Special ASS858mel)L Fiscal il'np8ct is S20 DO to record the Satisfaction of Lien 6126120059 00.00 ~.M Utility Billing Director Oat4!- UBCS 5I301200fi 6,21 AM Dat. Approved By Terelill RHt'JIen Public Utilities Revenue Manager UBCS 5131/20062:16 PM D.tlf! Approvod By Pam Calli$ Public Utiliüu ROVtlMUfl $up~rvisa' UBCS 5131120060,38 PM Da1. Approved By Thomas Wide ; Public UUIitJII=K Opœrahons Director Public Utllltkl. D1)a,..ûorJtö 617/200511,25 AM Date Approved By Jamrn W. DeLony Public UtìlitilMÞ Public Utilities Administrator Public Utllltlf!~ AdmlniMlration 6/8/2005.:00 AM D.ttt Approved By OMB Coordin¡.fof County Manager's 01'ic:e- AdminíKl1øtíViII ASlSistulJf Office 01 M8nug( 'mlllnt" BUdget 6110120062,10 PM Date Approved By R.ndy Greenwald County Manager's OffiGe Management1Budget Analyt:lt Offic.e of Manl19ltment & Budget 8/10/200$ 3066 PM Dirt!! Approved By Mjc:ha~1 Smyk( wSòki County Manager's Oflh::e Man"' J~ uflnt & Budgut Dimntør Office of Managen1eot & Budget 6/17120059,02 AM Da1. Approved By Jnmn V. Mudd Boan} of County COfrlml'lsionef1l Count)' Manager County Manager'!! Office 61171200511:03 AM _..,..~- Agenda Item No. 16C2 June 28. 2005 Page 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. 00117680009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: H S Partnership POBox 7174 Naples, FL 339410000 The Lien was recorded on the 191h 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 Three Dollars and Two Cents ($103.02) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 34729 N 50FT OF S 100FT OF N 298.5 FT OF W 165FT OF SW y;. OF SE1/4 OF SW y;. LESS W 30FT RW OR 1603 PG 1343 Folio No. PROJECT NO. Account No. 00117680009 61000 7100 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 - A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS Agenda Item No. 16C2 June 28, 2005 Page 4 of 4 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, Collier County Ordinance No. 90-30, as amended, 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. 7100 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. 16C3 June 28, 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 1993 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 1993 Solid Waste Collection Services Special Assessment. .",--'" CONSIDERATIONS: Resolution No. 94-694 adopted by the Board on September 20, 1994 provided for the recording of the list of 1993 delinquent solid waste collection and disposal services special assessment and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 94-694 was recorded on September 22, 1994 in Official Record Book 1987, Pages 1514 through 1749 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1993 Solid Waste Collection Services Special 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 1993 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 1993 Solid Waste Collection Services Special Assessment Lien. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service ,- -,..."......"'-,-~,,,....',.'.. Agenda Item No. 1. 6C3 June 28. 2005 p¡]g~'2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 16C3 Recommendation to adopt a Resolution to aporove the Satisfaction of Lien for a Solid Waste residential account wherein the County has r~ceì·.¡ed payment and said lien is satisfied in f\Jìl1or the 1993 Solid Waste Collection and Disposal Services Special Ass.essrnel't. Fiscal impact 15 $20 DO to record the Satisfaction of Lien 6128,'20D5 9.00:00 AM Item Number Item Summary Approved By John A. Yonkosky Utility Billing Direc.tor Date Public Uhlitìc'S uses 5/3012005 6:22 AM Approved By Te,.eça Riesen Revenue Manager Da1e Publ¡<:: Utili1ic.s UBCS 5/31120052:15 PM Approved By "'..In Callis; Rm,enUE! Suþervisc" Datt! Public Uti1ities UBes 5/3112005 ":37 PM Approved By Thomas W,des OpemtlotH' Dirf::cl:ot Da1e Public Utìliti~!ìo Publìç Utiliti4!$ Opnratkm~ 6!71200S 11:27 AM Approved By James. W. DeLony PublÌl: Utilities Þ.dministrator Date Public UliHti,..,,, P~lblic Utilìties. Adminï\òtr.ation 6!8/2005 8:59 AM Approved By OMB Ci.:>clrdinatOl Adrnini!¡,1rative A.5~)i~tallt Date County Manager'$. Office Office of Manngement 8. Budget S/10f2005 2:11 PM Approved By RõlliRdy Greenwald M¡¡nagementlBudget A.nalJ'G1 Date County Manager's. Offiçe Office of Management & Budgf::t 6/10/20053:59 PM Approved By Mich.!!'1 SmY'-<lwfOki M;IIna!lenwnt 8. Budg<!t Dimf;1cn Oate County Manager'!\. Office Office of M¡¡n;agement & Budget 6,.17/20059:03 AM Approved By James V. Mudd County Manager Date Board of County COlOrni$:...ioneru County Manager's Office 6117/200511 :44 AM Agenda Item No. 16C3 June 28. 2005 Page 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. 00117680009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: H S Partnership POBox 7174 Naples, FL 339410000 The Lien was recorded on the 22nd day of September 1994, in Official Record Book 1987, Pages 1514 through 1749, 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 Three Dollars and Two Cents ($103.02) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 34729 N 50FT OF S 100FT OF N 298.5FT OF W 165FT OF SW Y. OF SE Y. OF SW Y. LESS W 30FT RW OR 1603 PG 1343 Folio No. Project No. Account No. 00117680009 63000 1274 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 Agenda Item No. 16C3 June 28. 2005 Page 4 of 4 RESOLUTION NO. 2005- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1993 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 20, 1994 adopted Resolution No. 94-694 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1993; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfactions 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 1993 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 94-694, 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. 1274 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. 16C4 June 28, 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 1994 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 1994 Solid Waste Collection Services Special Assessment. .,..- CONSIDERATIONS: Resolution No. 95-475 adopted by the Board on August 22, 1995 provided for the recording of the list of 1994 delinquent solid waste collection and disposal services special assessment and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 95-475 was recorded on September 14, 1995 in Official Record Book 2099, Pages 1338 through 1574 of the Official Records of Collier County., Florida, which placed a lien on certain residential properties for the 1994 Solid Waste Collection Services Special 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 been paid in full for the 1994 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Lien and the Resolution is approximately $20.00, which is to be charged to County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the one Satisfaction of Lien for the account listed in the Resolution and authorizing the Chairman to sign the one Satisfaction of Lien for the 1994 Solid Waste Collection Services Special Assessment Lien. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service ,,- Agenda Irem No. 16C4 June 28. 2005 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 16C4 Recommendation to adopt a Resolution 10 approve the Sahsfaction of Lien for a Solid Waste residential acccunt whereir. the County haG received payment and said Lien is satisfied in fuil for the i 99.4 Soiid Waste Collection a!1d Disposal S-=rvices Special Assessment. Fiscal impact is S2000 10 record the Satis.f¡.o:lion of Lien 6/28120059:00,00 JI..M Item Number Item Summary ApPl'Oved By John A. Yonkosky Utility Bjllin{j Director Date P~ b(ic Ublitit>s UBCS Si251200S t:O'9 PM Approved By Teresa Riesen Revenue Manager Date Publìc Utilities uses 5/31f2005 2:16 PM Approved By f);llrl Callis Rt!vr.nuft sup~rvi$(tr D¡de Public U1ì!ities UBCS 6/31;2005 ":37 PM Approved By 1hOOlêl5. W.dÐS Operations Dire-ctor Date PlJb¡¡c.1Jt¡¡¡ti~~ Publk: Utíliti~!s Opcratioll!; 6171200511:28 AM Approved By Janws. W. DeLotty Public Utilities Administrator Date- Public Utilitii!1s Pub1ic Utiliti-as Administration G/8/2D05 8:58 AM Approved By OMS Ctlordmalur ^úrnini!;.tratÎVf! AS!iì$bnl DatI!' county Manager's Office Office 01 Management & Budget 6110/20052:11 PM Approved By Randy Gref!flw.ald Management/Budget An.alynt Date County Manager's Office Offir.e of Management & Budget 6/10/2005 ....:03 PM Approved By Michilel Smylww5ki Ma...a!Ji!'IYH!nt & Bud~ et Dín:!I:t( , D<J1e County Manager's Office Office of M3nageme.nt .& Budget &/17/20059:04 AM Approved By James V. Mudd County Manager Date Boan1 af Cøunty Commi'!í!5ionl!'n. County Manager's Office ßi17/20Q5 12:31 PM Agenda Item No. 16C4 June 28, 2005 Page 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: 00117680009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: H S Partnership POBox 7174 Naples, FL 339410000 The Lien was recorded on the 14th day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, 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 Six Dollars And Seventy-Two Cents ($106.72), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 34729 N 50FT OF S 100FT OF N 298.5FT OF W 165FT OF SW Y4 OF SE Y4 OF SW Y4 LESS W 30FT RW OR 1603 PG1343 Folio No. Project No. Account No. 00117680009 64000 1135 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 Agenda Item No. 16C4 June 28. 2005 Page 4 of4 RESOLUTION NO. 2005-_ A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1994 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 22, 1995 adopted Resolution No. 95-475 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1994; 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 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 1994 Service Year Solid Waste Collection and Disposal Special Assessment for the following account numbered below, subsequent to the adoption of Resolution No. 95-475, 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 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 this Satisfaction of Lien individually in the official records of Collier County: Account No. 1135 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. 16C5 June 28, 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 full for the 1995 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential accounts where the County has received payment in full for the 1995 Solid Waste Collection Services Special Assessments. -~ CONSIDERATIONS: Resolution No. 2000-236 adopted by the Board on August 1, 2000 provided for the recording of the list of 1995 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000-236 was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1995 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfactions of Lien shall be approved by Resolution. The attached Resolution lists the two accounts that have been paid in full for the 1995 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the Resolution is approximately $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 1995 Solid Waste Collection Services Special Assessment Liens. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service ,- Agenda Hem No. 16C5 June 28, 2005 Page: 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 11em Summary 16C5 Meeting Date Recommendation to adopt a Resolution to lIpprove the Satisfaclions of Lien for Solid Waste re:sídential accounts wherein the Count~¡ has received payment and said liens are satisfied in MI for1he 19&5 Solid Waste Collection and Disposal Services Specia! Assessmenl5. FIscal impact is $30.00 to record tne Satisfac!iol1s of Lien 15/28/20059:00.00/l..M Approved By John A. Yonkosk)l Utility Billing Director Date Publi(: UtHltiv,¡ UBCS 5130120056:2" AM Approved By Teres;! Riesen Rf!''enue Manager Date Publk; UtilìtìE!s UBCS 5/31/20052:16 PM Approved By Pam Callis; Rt!Vf\nut! SUþol!!rvisot Oatf! Publìc UtiHtie.s uscs 5131;200504:39 PM Approved By Thoh1ns Wid!!:$¡ Opl!'ra1io05 Dirflc. {)f D.J1~ Pu blic Utllit¡~!¡ Public Utiliti(!$ Dlmnltì(m~; 6..712005 11 :19 AM Approved By Jame.s. W. D~LoI1Y Public Ut¡¡iti~s. Administrator Date Public Utilitims Public: UtilitlQ$. Administration G/8{2005 8:56 AM Approved By OMB CCI(lrdtn.dUl Adminis1tative A~H¡,istant Dat ~ county Mnnagt!r'$ OUÎct! Office ot Mantlgement & Budget 6110/2005 2:12 PM Approved By Randy GreL>nwald MómagemeotlBudget Analy!:t Date County Manager's, Offiçe Offic.e of Management & Budget 6./10/20054:09 PM Approved By Michael Smykow$kj Móll'agl!!l"fu!nt 8. Bud{ (!t Din!(::tor D¡}t~ County Maflilgf!:r's Office Office of Management .\; Budget &,111200S 9:0& AM Approved By James V. Mudd County Manage_, Da1e SU,In! (It County COlTlrnis$.iuner'!> County Manager-'s Office Gfl1!2005 12.:33 PM Agenda Item No 16C5 June 28, 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, 00117680009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: H S Partnership POBox 7174 Naples, FL 341017174 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 Five Dollars and Twenty-Nine Cents ($105.29), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 34729 N 50FT OF S 100FT OF N 29B.5FT OF W 165FT OF SW Y4 OF SE Y4 OF SW % LESS W 30FT RW OR 1603 PG1343 Folio No, Project No, Account No. 00117680009 65000 1384 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 Agenda Item No, 1ßC5 June 28, 2005 Page 4 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, 00293080002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Layton, Joseph=& Teresa H 1170 Saint Clair Shores Rd Naples, FL 341043818 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: 31 49 26 N1/2 OF N1/2 OF SW1/4 OF SE1/4 OF NE1/4 LESS E30FT 2.38 AC OR 1854 PG 40 Folio No. Project No. Account No. 00293080002 65000 2370 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 Agenda Item No. 16C5 June 28. 2005 Page 5 of 5 RESOLUTION NO. 2005- 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 WHEREAS, Resolution No. 2000-236, was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance 90-30, as amended the Board recognizes full payment and receipt of the 1995 Service Year Solid Waste Collection and Disposal Special Assessments for the following accounts numbered below, subsequent to the adoption of Resolution No. 2000-236, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 1384 2370 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 W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: David C. Weigel County Attorney Agenda Item No. 16C6 June 28, 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 1996 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 1996 Solid Waste Collection Services Special Assessment. ,-- 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 assessment 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 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 been paid in full for the 1996 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 1996 Solid Waste Collection Services Special Assessment Lien. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service ~ Agenda Item No. 16C6 June 28, 2005 Page 2 (Ii 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 16C6 Recommendation to adopt a Resolution to approve (he Salistaçtioll 01 Lien for <I Solid Waste residentiëll a<.:count wherein the Coun1y has received payment and said Lien is satisfied in full for the 1996 Solid Waste Collection and Disposal Servir.;t!s Special Assessment Fiscal impact is $20.00 10 record the Satisfaction of U.,n 6/2S/2005 9.00:DO AM Item Number Item Summary Approved lIy John Ä. Yonkosloiy Utility Billing Director Datt' Publi<: Utilith!s uses 5/30/20056:26 AM Approved By TerEsa Riest!n Revenue Manager Date Public Utilities uses 5131/2005 2 :16 PM Approved By P;m¡ Calli,; R{!Yr.nue Supervisor D¡)1r. Public Utilìtìes UBCS 5/31/2005 ,(:39 PM Approved By Thomas Wide!> Operation!> Di~ctor Date Public Utilitjes Puhlk: Utiliti(!s Operati< n!; Gf1120Q5 '11 :30 AM Approved By James W. Delany Public Utilities Administrator Date Public Utihtietõ Public; Utilities Administration 6/8/2005 8:58 AM Approved By OMS Coord"....tt)!' Administr..tive Är.!\.is;t<llll D'¡lt~~ County Manager'.s. 0111(:(': Offici!' of Marmgttmeht 8. Budget 6/10/20052:12 PM Approved By Randy Greenw;ald Managemen11Budgef A!1;I1Y1lt Date County Manager's Offìçe Offic.e of Management & Budget 6110t2005 4:12 PM Approved By Mkhael Smykm"'$kí Milnauenlent & Budge1 Dit(~(;tar Date County Manager's Office Office of M;jlnagemenf &. Budget 6/11(20059:07 AM Approved By James V. Mudd County Manager Dat. 80,,"1 of CQ~mty Commìs.$loners County Manager's Office ß.l17J20Q512:3-$ PM Agenda Item No. 16C6 June 28. 2005 Page 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. 00117680009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: H S Partnership PO Box 7174 Naples, FL 341017174 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 Six Dollars and Sixty-One Cents ($106.61) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 34729 N 50FT OF S 100FT OF N 298.5FT OF W 165FT OF SW Yo OF SEYo OF SW Yo LESS W 30FT RW OR 1603 PG 1343 Folio No. Project No. Account No. 00117680009 66000 1245 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 Agenda Item No 16C6 June 28, 2005 Page 4 of 4 RESOLUTION NO. 2005- A RESOLUTION APPROVING SATISFACTION OF LIEN FOR A CERTAIN ACCOUNT THAT HAS PAID IN FULL FOR THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-237 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Resolution No. 2000-237, was recorded on August 8, 2000 in Official record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in Official Records a Satisfaction of Lien 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 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. 1245 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. 16C7 June 28. 2005 Page 1 of 9 EXECUTIVE SUMMARY Recommendation to Approve Execution of a Mutual Aid Agreement between the Collier County Water-Sewer District and other Fla WARN participating Utilities. OBJECTIVE: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District authorizes the Collier County Public Utilities Division to participate in a Water/Wastewater Mutual Aid Program and approves an agreement between the Collier County Water-Sewer District and other FlaWARN participating Utilities for same. CONSIDERATIONS: ,"'-' 1. The subject Water/Wastewater Mutual Aid Program was established to provide a method whereby water/wastewater utilities that sustain physical damage from natural or man-made disasters can obtain emergency assistance, in the form of personnel, equipment, and materials and other associated necessary services from other water/wastewater utilities. The purpose of this Agreement is to formalJy document such program regarding the Collier County Water- Sewer District. 2. FlaW ARN is not a corporation and, therefore, said Agreement is non-binding. No Participating Utility shall be under any obligation to provide assistance to a Damaged Utility. 3. Participation in FlaW ARN is strictly vo luntary. 4. FlaW ARN will seek to assist its members with recovery coordination, resource inventory and availability status of equipment, personnel, IT / software, and technical assistance, information exchange to secure "vital intelligence sharing" and incident reporting and tracking, response protocols, vulnerability assessment tools, preparation protocols, Emergency Response Plan (E.R.P.) updates and checklists, up-to-date status reports and pertinent legislation briefings. 5. This Mutual Aid Agreement has been coordinated with the Director of Emergency Management, Dan Summers, and the State Emergency Operations Center (E.O.C.) in Tallahassee through an Addendum. 6. Staff recommends participation in FlaWARN's Water/Wastewater Mutual Aid Program to improve communications between Florida water and wastewater utilities to allow the Collier County Water-Sewer District's Public Utilities Division to react quickly to natural disasters that include hurricanes, floods, droughts and fires. FISCAL IMP ACT: The terms and conditions governing reimbursement for any assistance provided under this Agreement shall be agreed to prior to the providing of such assistance and shall be in accordance with provisions further outlined in said Agreement. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: Recommendation that the Board of County Commissioners as the Ex- officio Governing Board of Collier County Water-Sewer District authorize the Chairperson to sign a Mutual Aid Agreement authorizing the Collier County Water-Sewer District to participate in said Agreement after approval by the County Attorney. ~ PREPARED BY: Marisa Garcia, Wastewater Operations Analyst. Agenda It 8m No. , 6C7 Jun" 26, 2005 Page 2 of 9 COLLIER COUNTY BOARD DF COUNTY COMMISSIONERS Item Number Item Summary 16C7 Recommendation to i'lpprove execution of a Mutual Aid Agreement between Ihe Collier County Water~Sewer District and other FlaWARN participatIng Utilities Meeting Date 6.128120059:00:00 AM Prepared By Dat(~ Mari~;¡;¡ GmÓ.1 Op~:rati( n~ MUII)'!;t 6/3/2005 10:49;57 AM Public Utilities W3.s.teWater Approved By JosC'ph 8. Cheatham Wastewater Dirt':ctor DatU' Public Utílitil?\ó WasteWater Treatment 6i3,'2005 11:23 AM Appro'\led By Diln E. Summers Bureau of Emergency Services Director Dirte County Mêloager'g Oflu:e Bureau of Emerge:ncy SCf"IIlCCS 6!3f200S 2:28 PM Approved By Paul Mattausch Watet' Director Date Public Utilibc'5 Wate-r 613:Z005 4:19 PM Approved By Thomas Wides Operations Director Dat. Public Utinties Public Utilities Open1ions 6n1200512:S1 PM Approved By Jamer. W. D~l(lnv Puhlk Utiliti(!s, AdrninÎ!;tT2ItlH D,¡tte Public Utilities Publi(: Utilities: Adrnirlistration 6!8/2D05 8:57 AM Approved By OMB Coordinator AdministratIve Assis.tant Dorte County Malla!l(~r's Oft'¡~I~ Offir.e of M.anilgt!:ment & Budn!:t 6!10{~OO5 2:14 PM Approved By Rand~' Greenwald Management/Budget Aroalyst Daœ County M.lnOlgcr'" Ofl'icC' ONïcc of Mnnagemflnt & Budget 6lt3/2005 9;22 AM Approved By MidHlol Smvkowski Mnnu~wm~nt & Budget Oir(!dof Dätl! COUl1ty Manager's OfficE' Office- of Management & Budget 6i1712005 8:58 AM Approved By James: V. Mudd County Manaq(!r Date- 8amd of County CO'nI'!l¡s!¡.i1)n~rj. County M...Þager'~ Of1'i(':"~ 6/17120052:52 PM Agenda Item No. 16C7 June 28, 2005 Page 3 of 9 COLLIER COUNTY WATER-SEWER DISTRICT MUTUAL AID AGREEMENT FOR WATERlWASTEWATER ARTICLE I. PURPOSE The subject WaterlVVastewater Mutual Aid Program was established to provide a method whereby water/wastewater utilities that sustain physical damage from natural or man-made disasters can obtain emergency assistance, in the form of personnel, equipment, materials and other associated necessary services from other water/wastewater utilities. The purpose of this Agreement is to formally document such program regarding the Collier-County Water-Sewer District. ARTICLE II. DEFINITIONS A. AGREEMENT - The WaterlVVastewater Mutual Aid Agreement. The original agreement and all signatory pages shall be kept at the TREEO Center, 3900 SW 63rd Blvd., Gainesville, FL. 32608 B. PARTICIPATING UTILITY - Any WaterlVVastewater utility that executes this Mutual Aid Agreement. C. DAMAGED UTILITY - Any Participating Utility that sustains physical damage to its water/ wastewater system due to a natural or man-made disaster and seeks assistance pursuant to its Mutual Aid Agreement. D. ASSISTING UTILITY - Any Participating Utility that agrees to provide assistance to a Damaged Utility pursuant to this Agreement. E. AUTHORIZED REPRESENTATIVE - An employee of a Participating Utility authorized by that utility's governing board to request or offer assistance under the terms of this Agreement. (A list of the Authorized Representatives for each Participating Utility shall be attached to this Agreement as Appendix A) F. PERIOD OF ASSISTANCE - The period of time beginning with the departure of any personnel of the Assisting Utility from any point for the purpose of travelling to the Damaged Utility in order to provide assistance and ending upon the return of all personnel of the Assisting Utility, after Agenda Item No. 16C7 June 28, 2005 Page 4 of 9 providing the assistance requested, to their residence or place of work, whichever is first to occur. G. SCHEDULE OF EQUIPMENT RATES - The then existing latest rates published by Federal Emergency Management Agency under the response and recovery directorate applicable to major disasters and emergencies. H. WORK OR WORK-RELATED PERIOD - Any period of time in which either the personnel or equipment of the Assisting Utility are being used by the Damaged Utility to provide assistance. Specifically included within such period of time are rest breaks when the personnel of the Assisting Utility will return to active work within a reasonable time. Also, included is mutually agreed upon rotation of personnel and equipment. ARTICLE III. PROCEDURE In the event that a particular utility becomes a Damaged Utility, the following procedure shall be followed: A The Damaged Utility shall contact the Authorized Representative of one or more of the participating utilities and provide the Representative with the following information: 1. a general description of the damage sustained; 2. the part of the water/wastewater system for which assistance is needed; 3. the amount and type of personnel, equipment, materials and supplies needed and a reasonable estimate of the length of time they will be needed; 4. the then existing weather conditions and the weather forecast for the next twenty-four hours; and 5. a specific time and place for a representative of the Damaged Utility to meet the personnel and equipment of the Assisting Utility. 6. The identification of work conditions and special constraints such as availability of fuel supplies, lodging/meal support, medical facilities, security, communications, etc. ----,..-..,,,-...- Agenda Item No. 16C7 June 28, 2005 Page 5 of 9 B. When contacted by a Damaged Utility, the Authorized Representative of a Participating Utility shall assess his utility's situation to determine whether it is capable of providing assistance. No Participating Utility shall be under any obligation to provide assistance to a Damaged Utility. If the Authorized Representative determines that the Assisting Utility is capable of and willing to provide assistance, the Assisting Utility shall so notify the Authorized Representative of the Damaged Utility and provide the following information: 1. a complete description of the personnel, equipment and materials to be furnished to the Damaged Utility. 2. the estimated length of time the personnel, equipment and materials will be available; 3. the work experience and ability of the personnel and the capability of the equipment to be furnished; 4. the name of the person or persons to be designated as supervisory personnel; and 5. the estimated time when the assistance provided will arrive at the location designated by the Authorized Representative of the Damaged Utility. C. The personnel and equipment of the Assisting Utility shall remain, at all times, under the direct supervision and control of the designated supervisory personnel of the Assisting Utility. In instances where only equipment is provided by the Assisting Utility, the ownership of said equipment shall remain with the Assisting Utility and said equipment shall be returned to the Assisting Utility immediately upon request. Representatives of the Damaged Utility shall suggest Work assignments and schedules for the personnel of the Assisting Utility; however, the designated supervisory personnel of the Assisting Utility shall have the exclusive responsibility and authority for assigning Work and establishing Work schedules for the personnel of the Assisting Utility. The designated supervisory personnel shall maintain daily personnel time records and a log of equipment hours, be responsible for the Agenda Item No. 16C7 June 28, 2005 Page 6 of 9 operation and maintenance of the equipment furnished by the Assisting Utility, and report Work progress to the Damaged Utility. D. The Damaged Utility shall have the responsibility of providing food and housing for the personnel of the Assisting Utility from the time of departure from their regularly scheduled Work location until the time of return to their regularly scheduled Work location. The food and shelter provided shall be subject to the approval of the supervisory personnel of the Assisting Utility. If not agreeable, food and shelter shall be provided and paid for as determined by mutual agreement. E. The Damaged Utility shall have the responsibility communications between the personnel of the Assisting Damaged Utility. of providing Utility and the ARTICLE IV. REIMBURSABLE EXPENSES The terms and conditions governing reimbursement for any assistance provided under this Agreement shall be agreed to prior to the providing of such assistance and shall be in accordance with the following provisions: A. PERSONNEL - During the Period of Assistance, the Assisting Utility shall continue to pay its employees according to its then prevailing rules and regulations. The Damaged Utility shall reimburse the Assisting Utility for all direct and indirect payroll costs and usual expenses incurred during the Period of Assistance, including, but not limited to, employee pensions and benefits. B. EQUIPMENT - The Assisting Utility shall be reimbursed for the use of its equipment during the Period of Assistance according to the then existing SCHEDULE OF EQUIPMENT RATES established and published by FEMA. If an Assisting Utility uses an alternate basis of rates for equipment listed on the FEMA Schedule of Equipment Rates, it shall provide such rates to the Damaged Utility prior to providing assistance. Rates for equipment not referenced on the FEMA Schedule of Equipment Rates shall be developed based on recovery of actual costs. Agenda Item No. 16C7 June 28, 2005 Page 7of9 C. MATERIALS AND SUPPLIES - The Assisting Utility shall be reimbursed for all materials and supplies furnished by it and used or damaged during the Period of Assistance, unless such damage is caused by negligence of the Assisting Utility's personnel. The measure of reimbursement shall be the replacement cost of the materials and supplies used or damaged, plus ten (10) percent of such cost. In the alternative, the parties may agree that the Damaged Utility will replace, with a like kind and quality as determined by the Assisting Utility, the materials and supplies used or damaged. D. PAYMENT - Unless mutually agreed otherwise, the Assisting Utility should bill the requesting utility for all expenses not later than ninety (90) days following the Period of Assistance. The requesting utility shall pay the bill in full not later than forty-five (45) days following the billing date. Unpaid bills shall become delinquent upon the forty-fifth (45th) day following the billing date, and once delinquent shall accrue interest at the rate of prime as reported by the Wall Street Journal plus two percent (2%) per annum. E. DISPUTED BILLINGS - Those undisputed portions of a billing should be paid under this payment plan. Only the disputed portions should be sent to arbitration under Article VI. ARTICLE V. INSURANCE Each Participating Utility shall bear the risk of its own actions, as it does with its day-to-day operations, and determine for itself what kinds of insurance, and in what amounts, it should carry. Nothing herein shall act or be construed as a waiver of any sovereign immunity or other exemption or limitation on liability that a Participating Utility may enjoy. ARTICLE VI. ARBITRATION All disputes between two or more participating utilities arising from participation in this Agreement, that cannot be settled through negotiation, shall be submitted to binding arbitration (if allowed by law) before a panel of three Agenda Item No. 16C7 June 28, 2005 Page 8 of 9 persons chosen from the members of this Mutual Aid Agreement which are participating utilities, excluding those members that are parties to the dispute. Each party to the dispute shall choose one panel member and those two panel members shall choose the third panel member. The panel shall adopt rules of procedure and evidence, shall determine all issues in dispute by majority vote and shall assess damages. The decision of the panel shall be final and binding upon the parties to the dispute. ARTICLE VII. LEAVING THE MUTUAL AID PROGRAM. Each Participating Utility shall promptly notify the TREEO Center in writing if and when that Participating Utility decides to no longer participate in the Program. NOW, THEREFORE, in consideration of the covenants and obligations contained herein, the participating utility listed below, as a Participating Utility duly executes this Water/ Wastewater Mutual Aid Agreement this 28th day of June, 2005. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, By: Deputy Clerk By: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney Agenda Item No. 16C7 June 28, 2005 Page 9 of 9 APPENDIX A City of Lake City Jacksonville Electric Authority (lEA) Fort Pierce Utilities City of Like Oak Agenda Item No. 16CB June 28, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to Approve Necessary Budget Amendments to Transfer Wastewater Department Funds from County Water-Sewer Operating Fund 408 to Fund 518, Risk Management for the purpose of cost sharing in the purchase of a Gas Monitor System for the Water, Wastewater and Risk Management Departments. OBJECTIVE: That the Board of County Commissioners, Ex-Officio the Governing Board of Collier County Water-Sewer District approve two budget amendments to transfer $37,107.68 from Fund 408, Wastewater Department to Fund 518, Risk Management for the purpose of cost sharing in the purchase of a Gas Monitor System for the Water, Wastewater and Risk Management Departments. CONSIDERATIONS: - 1. The Water, Wastewater and Risk Management Departments require gas monitor detection devices for use in confined spaces. A confined space is a space that has limited openings for entry and exit, it is large enough to pennit an employee to enter, and it is not designed for continuous employee occupancy. Confined spaces present many dangers such as lack of oxygen, presenting a suffocation hazard, fire or explosion hazards from an accumulation of flammable vapors, health hazards from toxic vapors, difficulty exiting the space in the event of an emergency, and poor visibility. Regulatory agencies require workplaces to have a plan for working in confined spaces safely. Employees need to know that the atmosphere in the space is tested and found to be free of dangerous levels of toxic or flammable vapors and that there is sufficient oxygen. Proper atmospheric testing can prevent a catastrophic event from happening. 2. Both the Water and Wastewater Departments have gas monitors that need to be calibrated prior to use. These older models need to be replaced, as they are no longer supported for maintenance and repair service. There is a need to purchase gas monitor devices for the Water Department that have sensors to detect Ammonia, which is a function that the older models do not have. The Risk Management Department plans to purchase a Gas Monitor System that will network the Water, Wastewater and Risk Management Departments' gas monitor detection devices. --- 3. Several Benefits of Purchasing a unified Gas Monitor System are: · Automation of the calibration process. Risk Management will be immediately notified if a gas monitor fuils calibration. Ensures that calibration is perfonned properly and at user-defined intervals, thereby eliminating the opportunity for error. · Increased compliance. Data can be stored and reports run to help decision-making and document Due Diligence. · Increased system reliability. Automatic self-monitoring of unit functions enhances reliability by providing an ongoing indication of operability. · Full support and maintenance. Training on new models is essential to make sure that all personnel understand their function and responsibilities. Agenda Item No, 16C8 June 28, 2005 Page 2 of 3 4. Staff requests the approval of two budget amendments to transfer a total amount of $37,107.68 :tTom County Water-Sewer Operating Fund 408, Wastewater Administration to Fund 518, Risk Management to purchase a Gas Monitor System. Safety is non-negotiable and purchasing such a system win equip the employees who enter confined spaces in these departments with the most fail proof system to prevent a catastrophic event from happening due to exposure to poisonous gas. FISCAL IMPACT: Funds are available in the County Water-Sewer Operating Fund 408, Wastewater Administration, in the amount of $37,107.68. A gas monitor system will cost an estimated $64,000.00 and an executive summary wi1l be prepared for the purchase of a gas monitor system. GROWTH MANAGEMENT IMP ACT: There IS no growth management impact associated with the Executive Summary. RECOMMENDATION: It is recommended that the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve two budget amendments to transfer $37,107.68 from County Water-Sewer Operating Fund 408, Wastewater Department to Fund 518, Risk Management for the pwpose of cost sharing in the purchase of a Gas Monitor System for the Water, Wastewater and Risk Management Departments. PREPARED BY: Marisa Garcia, Wastewater Operations Analyst. .....,~" Agenda Item No. 16C8 June 28, 2005 Pag~ 3 01 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16C8 Recommendation tQ approve necessary Budget Amendments to Transfer Wastewater Department Funds fralT! County Water·$ewer Operating Fund 408 to Fund 51 8, (II~ the amDunt of $37.1 0768) Risk Management for the purpose of cost sharing in the purchase of a Gas MDnitoi System for the Waler, Wastewater and Risk Management Departments. Meeting Dlte 6/2812005 9:00:00 AM Pr~pand By Data Mari$o (¡ami.. Op ~r<lIÎ005 AnaIY$t. 6-!3J2005 11:3U:045 AM Public Utilities WasteWater Approved By Jouph B. Cheatham Was1ewitter Director Date Publíc Utilítíes Wa.s.teW31er Treatment 6i3/2005 11:$3 AM Approved By Thomas Wides; Operations Director Date Publj(: Utílitil?1õ Publìc Utilities Op~ratil)l1$ 8j1!2D05 2:46 PM Approyed By J-ames W. OeLony Public Utibties. Administrator Daflr Public UtiHtìo!; Publ c U1i1ìlìes Adminis.tration 6/8/200$ 8:57 AM Approved By OMS Coordinator AdlniniSitrative Auistant Date County Manager's OffÎ<;:e Office of Management & Budget SJ10/2005 2:27 PM Approved By Randy Oo!t!nwald Miln;)gernentl8lldnnt An;¡¡lv~t D¡)t~ County M..mager'!. Office Offic.e [)f M¡¡n;¡gement ... Budget 6113/20051:11 PM Approved By Mic.hael Smykows.ki Management & Budget Director Date C( unty MiJ'HIU ~r'¡;. OffiCI! OftÎI;~? of Managm'TUml & Eludnl~t 6(211200512:40 PM Approved By James V. Mudd County Manager Date Board 01 County COO1IT1issioners Courrty Mm¡¡I!Ir.r'S Offìet~ &/21/2005 1 :57' PM Agenda Item No. 16C9 June 28, 2005 Page 1 of 19 EXECUTIVE SUMMARY Recommendation to accept Rights-of-Entry and Utility Easements from two property owners required for the construction of a 16-inch reclaimed water main along the southerly side of Davis Boulevard for Radio Road/Davis Boulevard Reclaimed Water Main Project Number 740351, at a cost not to exceed $1,000. OBJECTIVE: The public purpose is to obtain authorization from the Board of County Commissioners, as the Governing Body of Collier County and as "Ex-Officio" the Governing Board of the Collier County Water-Sewer District (hereinafter referred to as "Board"), to approve donation agreements and accept Rights-of Entry and Utility Easements from Martin and Felizitas Mueller and The Preserve of Naples, LLC, joined by the Napoli Luxury Condominium Owners' Association, Inc. (Owners), which will provide the necessary easements for the installation, operation, and maintenance of a 16-inch reclaimed water main along the south side of Davis Boulevard. CONSIDERATIONS: As part of the North-South Interconnect plan, a I6-inch reclaimed water main is being installed within the Davis Boulevard road right-of-way west of County Barn Road. The road right-of-way does not provide ample room for the separation of the existing - underground utilities and the proposed reclaimed water main. As a result, staff has negotiated an additional 10' wide utility easement from both property owners. The combined value of the easements is $33,400; however, staffhas obtained all easements through donation. FISCAL IMPACT: The total acquisition costs should not exceed $1,000 and includes payment for title commitments, title insurance policies, and cost of recording the documents. Funds in the amount of $1,000 are available for this project. The intent of the proposed acquisition is consistent with the FY '05 Sewer Capital Budget for Project 740351, Reclaimed Water Main Radio Road/Davis Boulevard, as approved by the Board on September 23, 2004. Source of funds is Sewer Impact Fees (413). A location map identified as Exhibit "A" is attached for reference. An overall project time line is attached as Exhibit "B." The Clerk's Finance and Accounting Division has reviewed the information contained in this Executive Summary. .- GROWTH MANAGEMENT IMPACT: This project is part of the County's effluent resource management system. Effluent resource management is consistent with the Collier County Growth Management Plan, which states that the County will continue to promote the use of treated wastewater effluent for irrigation purposes in order to provide an environmentally sound effluent disposal method and to conserve potable water and ground water supplies. This project is consistent with the Waste Water Master Plan adopted by the Board of County Commissioners on May 25, 2004, Agenda Item we. Agenda Item No. 16C9 June 28, 2005 Page 2 of 19 EXECUTIVE SUMMARY Radio Road/Davis Boulevard Reclaimed Project Pa~e 2 RECOMMENDATION: That the Board of County Commissioners acting as ex-officio governing board of the County Water-Sewer District of Collier County, Florida: I. Approve the attached Donation Agreements and accept the attached Rights-of-Entry; and 2. Accept the Utility Easements once they have been received and approved by the County Attorney's Office and Public Utilities Engineering Department; and 3. Authorize Chairman Coyle to execute the Donation Agreements and any and all other County Attorney's Office approved documents related to this transaction; and 4. Direct staff to proceed to acquire the Utility Easements, to follow all appropriate closing procedures, and to record the Utility Easements and any and all necessary documents to obtain clear title to the Easement. PREPARED BY: Marlene McLaughlin, Property Acquisition Specialist Real Estate Services / Facilities Management Department Item Number ttem Summary Meeting Date Agenda Item No. 16C9 June 28. 2005 Page:3 of 19 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C9 Recommendation to accept Rigllls-of~Enlrý and Utility Easements frDm two property owners required for the construction of a 16-1ncl1 reclaimed water main a¡ong Ihe souther¡y side- of Davis Bouievard for Radio R05ld/Oavis BDulevard Reciaimed \lVater Main Project Number 740351, at.a cDsl no! to exceed $1,00Q, 6/2B/20DS 900.00 AM Marien!!: Mf'lauuhlill Pt()I)(~t1y AI~qlJi$i1iD" Spel:Ì¡díst 6/312005 Z:37:17 PM Prepared By Adminìstrative Service.!), Date Real E5t,lte Services. Approved By Toni Á. Mo11 Adminjstl'3,tìv~ S~HY¡ces; Real Property Supervisð-r Date Facilities Manageme-l1t 1,;3/20052:47 PM Real Eshrte Servicl!"ti Manager Qat. Approved By Charie5 E. Carril1gtof\, Jr., SRM 'A Admifli!itr...~jv(! Sl!rvi~~! ¡ Fóu:ilitie!l. Managermm1 G!3í:?OO& 2:56 PM Roy B. Anderson, P,E. Public; Utilìties Engineering Director- Oat. Approved By Public Utihlies Public Utilities E.nginecnng 614110058:56 AM Skip Catnp, C,F,M. F,ldlities MíJt)agf!:lYIellt Director Dat~ Approved By Administrative Services Facilities Management 6/6120057:53 AM Ronald L Dillard. P-E. Sl.m¡or Projut.'t: Manugur f)nte Approved By Public Utílíties Public Utìlities Enyinnring 6/6/2005 1 :3£ PM Approved By William D. Mullin, PE Public Utiliti(!'S Principal Project Manager Date' Pubh¡;- Utili(jes E"gine~r¡nq S/6/2005 2:38 PM Operations. Director Date Approved By Thomas Wîdes Public Utilities Public Utilities Operations 617120051;40 PM Puhliç U~ilith!$ Admin¡ ;1f»~or Dif;t~ Approved By Janm'!ò W. Df!L<lny Public Utilities; Public; Utilities. Administration Gr81200S 8:56 AM Admini!;.1r;¡¡tivfl Assi$tnnt Datl~ Approved By OMB Coon:linator county Manager's Office Office of Management & Budget Bi10120n5 2:34 PM SUsnn Usher S~fli(1r Management/Budget Analyst Dat!!' Approved By County Manager's Office Offit:e (If Manut l!lI1èlH &. B\.Idg~!t öl1712UU510:&4 AM Michael Smykowskí Management & Bodget Director Dat!!' Approved By County Manager's Office Office of Manugt!'ment & Budgot 6/20/2005 1 :36 PM Approved By James V. Mudd Board of County Comm;s<Jiioners County Man;!ger Date County Manager's Office ô!20i200S "':56 PM ._-----~-~ Agenda Item No. 16CB June 28. 2005 Page 4 of 19 PROJECT: Reclaimed Water Main from Radio Road to Davis Boulevard FOLIO: 00403760002 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between MARTIN MUELLER and FELlZITAS MUELLER, Husband and Wife (hereinafter referred to as "Owner"), whose post office address is 129 S Spruce, Wood Dale, IL 60191 to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, (hereinafter referred to as "County"), whose post office address is 3301 Tamiami Trail East, Naples, Florida 34112. WITNESSETH: WHEREAS, County has requested that Owner grant to the County a right of entry and a perpetual, non-exclusive utility easement for the purpose of constructing, operating and maintaining utility facilities over, under, upon and across the lands described in Exhibit "A" (said easement hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner agrees to grant a Right of Entry to County immediately upon execution of this Agreement so County can commence its construction and installation of the proposed utility facilities; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by County; and NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall grant a Right of Entry to County immediately upon execution of this Agreement and will convey the Property via an Easement within six1y (60) days, all at no cost to the County, unless otherwise stated herein. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to County on or before the date of Closing. 3. Closing shall occur within sixty (60) days from the date County executes this Agreement; provided; however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property. 4. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal. State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no knowledge of any spill 1 Agenda Item No. 16C9 June 28, 2005 Page 5 of 19 or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. The County shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. County shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes shall be borne and paid by Owner. The cost of a title commitment shall be paid by County. 8. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 9. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 10. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner 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 the Property held in such capacity is conveyed to County, its successors and assigns. (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.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida 2 Agenda Item No. 16C9 June 28, 2005 Page 6 of 19 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: AS TO COUNTY: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ,Deputy Clerk BY: Fred W. Coyle, Chairman AS TO OWNER: WITNESSES: ~ W t e ( nature) Name:frb.t/e-»rh"" ~~ (Print) <. k~ v "'-<¿f~ Witness (Signature) By: ~ ,L~.v- Martin Mueller Name: ~i4A\I..'CT\A.) VEc...::~ (Print) Wit ig ture) Name: ~?þu~ (Print) ~~....~ ---_ 'v'Q_t2.ro.. Witness (Signature) <> By: r.~'/Ñ ~ Felizitas Mueller Name: s µ.A-~ "'"' pr,0 \f~'=kQ. (Print) Approved as to form and legal sufficiency: JLd r ~ (9--Ellen -r. Chadwell Assistant County Attorney 3 [ I I \ ^ gj EXHIBIT PAGE \ OF ~ f5 ~ < w ~ U Z ~ IS!!! I'~ ° C,)0I1f ~ ZNo::::¡ 5Š~ om~l!s~ ~«~~~ WÓC(I)õ ~~~Õ"- t;j~w¡~ 1::-j!:oS ~~~~g¡ !!!~~~~ ~ <!!!15~~ Ii: j!:<ßIi~ r.i oj!:~~~ ~ ~~<za ~ IS~~§~ is !hex:Nffill. ::I !:Il.w~w It! (l)wC,)õ3 L:5 <j!:~U::I W .. j!: oo~ ~ ~~ wUU ~j!:blffi ol!sl!s~ --t--t-u j!:;;¡..: ~liilii~ ...WWrø oj!:j!:N 1;j35t5 ~zz:z ww:5 IaI ~j!:j!:-. ~ :;;151!sj!: ~ ~~~~ ~ ~:gW~< ~ C)j!:j!:¡~ ~ ~3150.J ~u m Z ZF-'" ta @¡ ~ ~ 3 ~ ~ m ::I ex: N ¡:: ~ ~ ~ N ~ j!: .:::> ~< ~~15 m !:! !:! ~~< ::IU Ii: ~~F= Il.:r:~ I;j Ii ~ f5ò ~~ wex: >-15 ~(I) ~~ t;~ ~m )n~so;;-, ÞGI.:)H ~ 9'/1 ¡SMHUION .10 ,/~ U:'JIUUIIOH )M , lD 3M' IS,] I I- ~I (/) ~ ~ « 010 w ~ NIS «> ¡r(jJ ŠN (', '0 ~ m~ ª- '<t W l[) 31l. ........... ~ 2 3= -« 0 '<t 2 roo::: ¡r ~ ........... 2 - « <r-l.L..l.L..l.L..O¡!: > .. 3=0OO¡::::::> w .J I ~ 2 '<t 00 :::> ........... ~(/) 0 m I!ï 0 ~ (jJ~ 3= l[) .2 a.. ~ ¡ I (/) ~ 0 I- l/1 a) ~ Ç:r: (£) " ~ < .. ..; U " ... u.¡ tì :ð u 0 ~ ... ..... a :r: i3 ~ !l. 0 < ~ .8 ~ èJ ~ 8 NOu.:>3S JO ]!In !S:IiI z_ IS t Agenda Item No.1 June 28, Page 7 ci IaI ex: ¿ 15 !:! < Iii", ~~ t~ l~¡ ~~i >- m z o l- n.. - ,-.. ~?;:¡ U> (1)0::: W:::> C(/) lL.« 01- a :J:Z u........ I- W ~ (I) :;¡: o I- W ~ VI C Z <II( Z o I- 0.. 0:: o VI w C I- Z w ::E w VI <II( W IIIIII ;11;11 il!!l!I~ >-02.....0... u...... ¡s """ ;J:~N·~ e ".. 1i Õ 8-.J:¡~:Z C¡¡;Ni: c w féiì~ ~ ! ia~ ~ z .. ¡¡1 .... '5 š-. ~ IL I! .( ;:IWU :Aq þ.UOld wde.:Z - çooz 'Þ I .tdv l>90J11 :qoJ 6IIIp"Jfl.p,eçZ:OlO\ÇZDzooz\r;ooz\:n Agenda Item No. 16C9 June 28, 2005 Page 8 of 19 PROJECT: Reclaimed Water Main From Radio Road to Davis Boulevard Folio: 0403760002 RIGHT OF ENTRY KNOW ALL MEN BY THESE PRESENTS that MARTIN MUELLER and FELlZITAS MUELLER, Husband and Wife, as GRANTOR, whose post office address is 129 S Spruce, Wood Dale, IL 60191 to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, whose post office address is 3301 Tamiami Trail East, Naples, Florida 34112, its successors, assigns, agents, or contractors hereinafter known as GRANTEE, the temporary license and right to enter upon the lands of the GRANTOR, as described in Exhibit "A", which is attached hereto and make a part hereof, to excavate and place or remove materials, including but not limited to, public water supply, water lines and pipes, structures and other equipment, utilities or improvements appurtenant thereto for the purpose of constructing, operating and maintaining utility facilities thereon. It is the intent of the Grantor to grant the Grantee as soon as practicable a perpetual non-exclusive Utility Easement over the area described in Exhibit "A". ALL RIGHT AND PRIVILEGE herein granted shall remain in full force and effect for two (2) years from date accepted by the Board of Collier County Commissioners, or until a perpetual non- exclusive Utility Easement is granted for lands described in Exhibit "A". ADDITIONALLY, the rights and interest granted hereunder are conditioned upon the reasonable exercise thereof by Grantee. Grantee agrees not to unreasonably interfere with Grantor's use of the lands described in Exhibit "A", and agrees to provide Grantor with advance notice when exercising its rights hereunder. Grantee further agrees that it shall, at the Grantee's cost, repair any surface damage caused to Grantor's property as a result of Grantee's exercise of its rights hereunder. IN WITNESS WHEREOF, this \"!. "'" day of ~ ~~ W e S ature) - Name:~~~~¡~hn (Print or T ) the Grantor has caused these presents to be executed in its name ,2005. ~~~~ Martin Mueller s~_ ,,¡,_O^ Witness (Signature) <> Name: ~HA-R~ A~ VEIÁc;Q (Print or Type) STATE OF r: ~....olA>.. COUNTY OF (."pÇ); ð~ The foregoing Right of Entry was acknowledged before me this \q.~ day of ~ ' 2005, ~artin Mueller, who is personally known to me or who has produced - ri"":" ~ J:L<.,,----,," Jf as identification. (Affix Notarial Seal) ~ \.,... ~~ A "-1 "--' a--.. (Signature of Notary Public) 00 SlWlMA. VEØER II( COINS6ION, DO 200619 EXPIÆs: _7. 21m -1IIv"*r___ ':::,\-\A4.W\I\-¡..) A "tF("En~ (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission # 1) b ,;2. bó l..l 'ì My Commission Expires: G -" 0 'ï ._---_.~_.._~-_. ~~. Name: ~.o:.J~hh1') (P or l'Ype :SL..._/'I~^,,- 'J if -rf'" Witness (Signature) Name: ,,",>l-IfHtlhA.1IJ VEUnP:í<. (Print or Type) Agenda Item No. 16C9 June 28. 2005 Page 9 of 19 tiil·JúJ ~M.v Felizl Mueller STATEOF t-== a.~-o.. COUNTY OF ~ The foregoing Right of Entry was acknowledged before me this \ ~~ day of \'AJoo-1t' ' 2005, Felizitas Mueller. who is personally known to me or who has produced _I ~ ~ __.--.. i...H·~ as identification. (Affix Notarial Seal) 8IWIINC A. \'81ER NY COIIoIISSION t 00 3X1619 EXP\IØ: _7. 2f1JT ----- .------- -s\.___~.A \j ,,- .~ (Signature of Notary Public) 0 '5 J,.\ r::.. 11. "M.j!Yù /.I. \J e (_EîR (Print Name of Notary Public) NOTARY PUBLIC SeriaVCommission # "t¡ b 9L D [:) '- I '" My Commission Expires: u -I . D-:? i r).o~(\~CJ ~r-~v~d å~ t" ~~=i~?:.:. ,.;.__. k'$'~'ì."'" C:;¡¡¡î,t;j ",w!l¡~J -~,"---_.- ...~._- IEXHeIf A ~ PAGE I OF If) ro 0 ~ J:iI to '" ,...:¡ <C on ¿ U " (J) ~ 0 M I/) U 0 ~ ... ..... u ::r: 2S .r: Il. u <C ~.9 p:: d 0 !! nt SOC-I KlUns .10 tit IS]M~IIION 40 ./1 15)11H111Ofo1 JHi. .JO ]NIl l!ò....] ¡'ili f- (/) ~II" I C' ,... <{ 0 NO W z i~~;I' N g:~ 0 " :.:<'1 (!) g~ N .- I- eL VI m< V w ã::.---... ~~ 8 "õ ~ < !šll. ""- t:> ~ u?;:¡ ~.~.!~ Z U'» !I') 0 ö ~ -<{ 8¿;1;~z 000:: wO:: V z CI~ C Nt C ""- Z LaI..-....2 ~4.4.4.0¡:!: u...<{ o.!~Uã ~000¡:::::> ~ g.~.g ~ ~ Z V Uo Of- Z;¡1i~ 0 ""- ~(/) IZ ¡c:: -< .so 0 U......., Q. ~ lO .- ,2 W Q ~ I U') (/) II 2 ~ 0 f- 8 NOU03S SJ ]Nfl 153'11 I- is ~ < W l- t} z fË ~!!! 1i~ 0 C>OJVI~ ~<'I8~:J ...J l).... o t!0" Zm Il.~ <Ii:;i~o ~ÓiJ~VI~ 1iz I.... 1-- ~VI !¡!fiJwi< !ai!'ofiJ O!)zzm -Vl-<- !!!~fiJ<~ ~ ~!!!~~~ ~ i!'~~Ii~ 5 ~¡;~~~ ~ :5~<za o ....!5o~E I- oQ.~~< is ~~N!5Q. a ¡!:Il.w~w ~ Vlw~ëS!š w <i!'Q.l)::E ,.8 1-H.t~ON ~I 0::G-' o lO o 0:: ~ ~ w OJ -' i5 ð ~ Q) I!I ~ G-'~ <{ ~ o z iË a)~ ~ ~B wl)l) mi!'lX!5 o~~g -~~l) F=--t-= ;:)I-I-~ ¡¡¡VI~w ~li!'~ m~~~ ww< ~¡;¡;o: !;;tsts¡; tñ~~~ ~~-5! Wit) tñ ~ i!'tI)~~< z ~~~~~ ~ mzzl'-"" l) a: vi 0 VI VI ~ ~ IS ~ > W !5 !š VI ::E t! m rJ z, We t! ~!š < Vll) is <w VI wa: N fts :;; -<VI ~~ t;~ ~~ ~t! ~ ~ F < N ~ iE .;:) ~< -.... ~vf° m~~ 6~< ~::E~ g¡Lo. F a:õ!5 Q.Il) z_ ¿ N ,... ,... .... o ~ ~ VI'" .~J ~~ l~~ ~~ ~r? ;~ <l.:;i ~~ g¡ ~ a: Q. ::J: U I- W ~ (/) a z ~ z o ï= Il. a::: u (I) w a I- z W ~ W (I) ~ w >- m ~ It: I ! I ~ .. IIJ.JWIl :Aq "_"Olc;j II,Idtìt;Z - SOOZ ',., JfJv fII,,"O., :C DJ 6MP"t61)ff;ÇZOlO\!;Z'ozooz\l:Qoz\ ~n ;. Agenda Item No. 16C9 June 28. 2005 Page 11 of 19 PROJECT: Reclaimed Water Main from Radio Road to Davis Boulevard FOLIO: 00402440006 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between THE PRESERVE AT NAPLES, LLC, a Delaware Limited Liability Company, whose post office address is 2601 S. Bayshore Dr. #200, Miami, Florida 33133 and NAPOLI LUXURY CONDOMINIUMS PROPERTY OWNERS' ASSOCIATION, INC., a Florida corporation not for profit, whose post office address is 2601 S. Bayshore Dr. #200, Miami,Florida 33133, (hereinafter collectively referred to as "Owner"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AND THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, (hereinafter referred to as "County"), whose post office address is 3301 Tamiami Trail East, Naples, Florida 34112. WITNESSETH: WHEREAS, County has requested that Owner grant to the County a right of entry and a perpetual, non-exclusive utility easement for the purpose of constructing, operating and maintaining utility facilities over, under, upon and across the lands described in Exhibit "A" (said easement hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, The Preserve at Naples, LLC will be turning over control to the property owners' association and conveying the Property to the property owners' association prior to the anticipated closing on the property; and WHEREAS, Owner agrees to grant a Right of Entry to County upon execution of this Agreement so County can commence its construction and installation of the proposed utility facilities; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by County; NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1 . Owner shall grant a Right of Entry to County immediately upon execution of this Agreement and will convey the Property via an Easement within sixty (60) days, all at no cost to the County, unless otherwise stated herein. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encum!)rances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, property executed, to County on or before the date of Closing. 3. Closing shall occur within sixty (60) days from the date County executes this Agreement; provided; however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property. 1 · Agenda Item No. 16C9 June 28, 2005 Page 12 of 19 4, Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title, 6, Owner shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of Owner's representation under Section 5, This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7, The County shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida, County shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes shall be borne and paid by Owner, The cost of a title commitment shall be paid by County. 8. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 9. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, includíng all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein, 10. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner 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 the Property held in such capacity is conveyed to County, its successors and assigns, (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.) 11 , This Agreement is governed and construed in accordance with the laws of the State of Florida 2 , Agenda Item No. 16C9 June 28, 2005 Page 13 of 19 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: AS TO COUNTY: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ,Deputy Clerk BY: Fred W. Coyle, Chairman AS TO OWNER: WITNESSES:J~ .~J Witness (Signature) Name: By: uardo a, Managing Member 2601 S. Bayshore Dr., #200 Coconut Grove, Florida 33133 (Print) /) h f /j1J lr-Æ- () /(llC¿,,--_ Witness (Signature) (/ Name: /1/ (/ I í / t L 11U/lt,'----. (Print) u rc~~ Witness (Signature) Name: m Q,heJ ~J (IJlci-¡1~ (Print) tness (Signature) Name: 't<;e¥'((7r.-Jþl(D (Print) . iums Property c., a Florida fit Approved as to form and legal sufficiency: 'J .- _/.ft.L. r:5J ~4- Ellen T. Chadwell Assistant County Attorney 3 , II "V ~ ~~g i!!'!z it t'N! ; 9.nts:o õ........... r1 ::J ~N?~ Zñ~ 0 ~9.~ ~¡¡ .....·0-,., ~ 2. 8 õ~ S~~iitl lil!llilll~ 111.:1 '" '" (') i I ~ lI) ^ f'TI ~ ........() z:I: o --;0 »""T' U"Jo cf'TI ::tJlI) <() g~ -u ~ o z Model Apr H, 2005 - 2: 51pm Plotted by Timf,y ~z tllEST LIN( ty' 'IIi( JrfOA1H(AST 1/4 Of HOATH'4I('ST 'f. or NQltlkwtST "4 ()( S(C1lON 1I-~-2M: --j o =E z U) I \J (J1 a U)(j) ~ 0f'T1 .p. Z CO f'T1 --j:::jooo IO.".".,,--> - Z ~ ::tJ Z.þ. »5» =E z ø f'T1 N 0'1 f'T1 » U) --j z =E " PO Gl;;{J fTl !D "-'0 "'0 "'" '" I", ''-'In '''In ,,'" <D ~ .þ. WEST RIGtfT-Qf-WAY UNE '\.. " _ [ASf \..IN( Of ~[ NOA~ST 1/401 NOlmf\ll{"ST '/4 0. Of s[C'nON .-~--_ 't COUNTY BARN ROAD 100' R/W f"1 > (J ~6Õ~ ~~ n ~ 0, Z m -oON:¡!> fT1 f"1 f!! ~ê~~~ ~êir>1V1 > i: :::IJ;;ca ;om (II 1;J ITIfII ~ ~:¡!(;) ~~'1;J21 ~ f"1 ;0 :!Ic:~ 00 z !~ ",:¡! c N;o1;J ~ Z ~ ~~I:I ~~ i§~~~ --; Z Qol'lliír>1 .... VI ¡; ¡; m Pô (;) Eo~ 0 C ~:-I !;!::~ ~ ~ ¡¡;z:::I,::::,~ -<z>~~ fT1 r'1 II! ~ c,;:<~~:¡! c~1I! () (J ~~f ~~ -< '" T " ;o:¡!c ;0 (') r>1 VI ~?5» ~_ ~?~~:¡! 'ii 3! ~~ :¡! > :::I ~ E ..,~ô:¡!~ iii~~¡¡;~ ~ ." ;~ ~ ~ ~ § 6!'" :::! !:Ice ~ r>1 ;Þ~z~ >!:I~¡¡; 0 or > jiJ ~ -§ ~ lií~z~o z ;0 :::I ~ 0 ~ 1;J:¡! > > :z ;0 ..,c ;0 ~e r>1 ai! g: ~:¡! ~~~~à z !D 1'1 c: c c:~ !6 ~ II!II!'" ::0 8....z ~2~z~ (J ~.. ..... < r>1 ~ -§! ..... > I :¡!, " ~~~~ ^ 1;J< N :::I !6 ~ . ""':¡! fT1 !a.... ~ I ;o~QI 'iirg;¡~ --; Oil! I/) J;; ~ ~ '" (') .I)~ ~ ~ 0::000 :J: :< ~ ~;;¡ ...,,~;JI::r ¡; ç:§ t;:~ ~ ;0 :¡!NZ~ r>1 ",OI§ zo",ø II! OVlOl~ ? ;¡ ~~:¡!~ Õ 1f 1I!~:¡! ¡¡¡~~:I! ::0 :::I ~:-I r>1 I: ~z r>1 0 g: ~ 0 0 Ç'I Z ::0 II! ., II! 2 r>1 ~z 1 C) 01 ... . OJ Agenda Item No. 16C9 June 28, 2005 Page 14 of 19 -..J m OJ (Jl ¡; 0 0 ::0 Srf1 .... » ~ ~ D 1:1 if po !2: ::r: N ~ H ~ 0 0 () .... l'1 ! ~ g; ...¡ UJ ... " () r+ '" » .. I CD l' l~ tr.1 ¡; 0 rf1< » ::tJ 0 (J1 O. -~j~ NORTH _ 85' ¡;; " \:!i!: q ~~-;i U!~ I T~~~ §.;:q i!~~1 ~~ iC Agenda Item No. 16C9 June 28, 2005 Page 15 of 19 PROJECT: Reclaimed Water Main From Radio Road to Davis Boulevard Folio: 00402440006 RIGHT OF ENTRY KNOW ALL MEN BY THESE PRESENTS that THE PRESERVE AT NAPLES, LLC, a Delaware Limited Liability Company whose post office address is 2601 S. Bayshore Dr. #200, Miami, Florida 33133, and NAPOLI LUXURY CONDOMINIUMS PROPERTY OWNERS' ASSOCIATION, INC., a Florida corporation not for profit, whose post office address is 2601 S. Bayshore Dr. #200, Miami, Florida 33133, hereinafter collectively known as Grantor, for and in consideration of Ten Dollars ($10.00) and other valuable consideration to them in hand paid, do hereby grant unto the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, whose post office address is 3301 Tamiami Trail East, Naples, Florida 34112, its successors, assigns, agents, or contractors hereinafter known as GRANTEE, the temporary license and right to enter upon the lands of the Grantor, as described in Exhibit "A", which is attached hereto and make a part hereof, to excavate and place or remove materials, including but not limited to, public water supply, water lines and pipes, structures and other equipment, utilities or improvements appurtenant thereto for the purpose of constructing, operating and maintaining utility facilities thereon. It is the intent of the Grantor to grant the Grantee as soon as practicable a perpetual non-exclusive Utility Easement over the area described in Exhibit "A", ALL RIGHT AND PRIVILEGE herein granted shall remain in tull force and effect tor two (2) years from date accepted by the Board of Collier County Commissioners, or until a perpetual non- exclusive Utility Easement is granted tor lands described in Exhibit "A", ADDITIONALLY, the rights and interest granted hereunder are conditioned upon the reasonable exercise thereof by Grantee. Grantee agrees not to unreasonably interfere with Grantor's use of the lands described in Exhibit "A", and agrees to provide Grantor with advance notice when exercising its rights hereunder. Grantee further agrees that it shall, at the Grantee's cost, repair any surface damage caused to Grantor's property as a result of Grantee's exercise of its rights hereunder. this IN WITNESS WHEREOF, day of the Grantor has caused these presents to be executed in its name ,2005. s,LLC,a llity company STATE OF Æt5Y¡'cJ1l; COUNTY OF ~~ .iJhe foregoing Right of Entry was acknowledged before me this ~_day of lnt... ,2005, Eduardo Avila, Managing Member, on behalf of The Preserve of Naples, LLC, a Delaware limited liability company, who ififrersonallV knQ!Oln to me or ho has produced as i e tificati n. (Affix Notarial Seal) r-=~'--'"'"'' I I ~ Y. CACHIHERO c:.øn.1IIIGIIINI . E.-tIII_ i . _....(IOO)4:I2-4ß4! ......_...........~.~.~,¡.~~.I (Signature of Notary PUblic) fY) I c.hell~ŒD('JrtMtw (Print Name of Notary Public) NOTARY PUBLIC SeriaVCommission #]) D m'221 ß-2> Agenda Item No. 16C9 June 28, 2005 Page 16 of 19 My Commission Expires: GIÍ~? , Reclaimed Water Main From Radio Road to Davis Boulevard Right Of Entry Page 2 J r1~.Ctlc(C 171L tt,- I Witness (Signature) itness~natur~) I!u~ ame: (Ø n(~ ~ (Print or Type) , STATE OF -i1 Dr1~ COUNTY OF ~ Napoli Condominiums P perty Owners' Association, c., a Flo . a Corporation not for prof By: Alfre Inez resident 2601 South Bayshore Drive, Suite 200 Miami, Florida 33133 -.dhe foregoing Right of Entry was acknowledged before me this 0 day of JX'e.... , 2005, by Alfred Martinez, President of the Napoli Luxury Condominiums Property Owoe",' A"""lalioo, 'oc" a Florida C"'I'O",tioo 001 1oc P~aJ~ 'oown 10 me or who has produced ~n. (Affix Notarial Seal) , (Signature of Notary Public) m I oJ1tl (¿ QQ0 Y¡¡lJe@ (Print Name of Notary Public) NOTARY PUBLIC SeriaVCommission # "b f) B d,~ ';)...19 8 My Commission Expires: In 1-S/2IXJ7 ......................................~ ¡ MICHELLE M. CACHINERO i ¡ .' ~DDCI22Z7tI I ¡ E.qIno""- i i ~ . _....~! ¡.......:._~.~~...~.¡ ~IS to 10l'Il' 1.1 ItIfftet., L. ~ (' /. h1.--V-<- Assistant County Attornel Ellen T. Cht...l1 Agenda Item No. 16C9 June 28, 2005 Page 17 of 19 u: \2002'2002025\0202!)lIkh~2.d.CI Tob: Model Apt t4, 2005 - 2: 51p,." PloU_d by. l'rnf'ry q o I i I .. 8 !I "U ::r ~::::J0 3=g, ~ % i~~i~ g ¡......¥.?S' %~ ! on . a ~ ~.~-~ NS,CS õ~ Ii.··. II~III Jlilll fT1 > UJ fT1 ¡:: fT1 Z -4 o fT1 UJ (") ::!:! -0 :::! o z > z o UJ ^ fT1 -i (") :x: I ~ r O. " N "'. 01 (J) ^ M -t .........(") z:J: ~ o »"T (/)0 CM :::O(J) <(") g~ '"0 ::j o z -z -...¡ 0'1 (XI (}l ~ () ::0 ~o .... > 1:1 ~ () "ú þ' 5: ::r: . ;¡ H o () I ~ ~~ (f) ... " () r" .. > · lID t"" ~~ txJ g rf.I< » ;;0 0 -"' 01 'fI£.T LINt or m( N(1111H[AIt ~/4 rs NOR.....'. 1/4 or NOR~"lt '/4 or HCnaN I-&OS-JII: -i o ~ (J) I '"U z :E U1 o (J)(/) '- ofTl ~ Z cO fTl -i::!000 IO""'1"'""'1-"' . z '- ;;0 z ~ ».ÇXI :E z G) fTl N 01 -0 >0 Ç)AJ M CD "'0 "'0 ð;^ Iv. "'0> "'0> ...'" '" '- -1'- fTl » (/) WEST RIQIT-Of-W,\Y lINE" -i ~ (.-.$1 t..t« OF 1tof[ ~~lH'C." 1/4 cw- HOIUHWUT 1/4 ~ ~ª:i! 7i fI 1ECI'IOH e-50S-J'!.- It COUNTY BARN ROAD 100' R/W m~ m~ '))1 .~q ~q ~ ~fm ~~ i à ê' % œ "'IION:J!» ~ ;oœ ....~t!! ~ê¡"'\II ~ !i~ ~ :J!% ;0 ::::JJ:~ !~~ § ~ E~~~~ ~ ~2 i~ % ~ Z ~~~~~ en ¡; ¡; œ PB c;') 2§~ ", ~ ~:-I ~~~ 0 ~ ~ -%:I-g -< ~~> ", \II 2....... g ~~~ ~~ -< .... c~ ....:J! !iI~ :J!z UI ';0 0 m ~j!l9' ~_ ~~ª~:J! 'V I!!~ :J! Ë ::I ;oz ~ ª~I~~ œ -» ~ ~~ t ~ ~ g}ëOIll~ ~ ;Þ~% »g}¡;¡i\iii ~r ::I pi à ~ -~~ ~~_en_ » ~ ~ "U:J! ,,0%£0 % . ;0 az ~~:J! ~~~æ6 00 Iii ", ~ J: J:~ _ i 5! enen'" g~z ~2~z~ ~ ~ :::j ~ ", ~ -!i , :J!....... "'II~ N ::I ~ iii . ....:J! "'IIIQ!ij!il !B..... ~ ;¡ » I ;o~ 'V"'œ~ C)\II en ¡:;; . ~ CD -'1>! i ~ > UI ~~~~ ¡; ;< ~~~ ~~~~ ~ ¡;¡ :J!~z~ ;¡ ", ~o oen", ? ~~:J!"T _~"U!i ñ III »:J! ;0 :I ~:-I ~ :J! J: ~z ", ~ en'" p ~ ~ ~ \II III ", 'I UI '" Agenda Item No. 16C9 June 28, 2005 Page18of19 RECLAIMED WATER MAIN RADTO ROADfDA VIS BOUlEVARD Project #740351 ..,. a- -'(") 0'> .. ')..- a ~- .'\ 0 C") . cô 0'> a- °N"- 0 cø ã Z a> Z 0 E~OJ 0 a>::Jro - N N ==...,0... CJ a- ro ( ,) -0 ã " 'õ' 0 c: >- a> ~ ... .... OJ 0- a- <: .. - a :ê c. '! ns ã (..) C") a- .. a N a- ã .... a- ã '! .. a C") a- ..,. ã 0 0 N N a- .. ..,. a 0 >- ... .... a- .. a . "C ~ ..,. a- m .. a rn 'S: C") ns a- .. 0 a 0 - N a- "C .. 0:= a 0 .... .- a- .. "C a ns 0:= I: .- ... ns I- 0 '" '" ... Cþ :E 0 N N .... CI II) ~ .... "'- "'0 <Ii 0 ..... .... u; N ~ (.) .... ... '" C!. * ... CO> ... .... ( ,) ... ... - ns ;: "C ( ,) E c ... 0 'Ë .!! I- :¡:¡ C z ïii I. 0 W .:¡ U .. C CJ ~ C" ~ U 0 ¡; ( ,) ....... :2 .. 0:= (, C I. U 0 < c:n ... u .... "D '¡¡¡ VI Q. Ü tø c c UI .. ca U 0 c e ~ oJ Q U .... IL Agenda Item No. 16C10 June 28, 2005 Page 1 of 17 EXECUTIVE SUMMARY Recommendation to adopt a Resolution approving execution of a Lot Line Adjustment Affidavit pertaining to the County and Robert G. France and to approve the statutory exchange of property that together will provide the County with the necessary lands in fee and easement ownership required to make an existing site for proposed raw water wells viable and that would have the desired effect of eliminating an existing encroachment by Mr. France's private property onto public lands. OBJECTIVE: The public purpose is to implement a recommendation approved by the Board of County Commissioners (BCC) on January 25, 2005, Agenda Item "I OE, to attempt to abate an existing encroachment violation by Mr. Robert G. France (France) while enhancing the County's ability to fully utilize an existing well site. CONSIDERATIONS: Collier County (County) is the owner of a rectangular parcel of land containing approximately 1 acre located in the northeast corner of Tract 140 of Unit 77 of Golden Gate Estates subdivision. This parcel, and several other parcels along the Faka Union Canal, were purchased in the 1970's as future well sites to serve the customers of the Collier County Public Utilities Division. On February 6, 2004, France appeared before the County's Code Enforcement Board, and was __ found in violation for having a building partially built on the land owned by the County, and was ordered to abate the violation or fines would be imposed. At the December 14, 2004 meeting of the BCC, France brought a public petition requesting that the BCC consider a proposal to exchange property between himself and the County in order to abate the encroachment violation. Staff was directed to investigate the facts and circumstances and determine whether a solution could be found that would be responsive to France's petition without diminishing the County's ability to fully utilize its land as a well site. At the January 25, 2005 meeting of the BCC, Agenda Item 10E, staff presented a recommendation providing for a Lot Line Adjustment and statutory exchange of property between France and the County to abate the encroachment violation, and further providing that France convey to the County the necessary easement area required to make the proposed well site viable. The recommendation was agreed upon by France and was approved by the BCe. In order to implement the agreed upon recommendation, it is necessary for the BCC to adopt the attached Resolution, which authorizes the execution of the attached Lot Line Adjustment Affidavit and approves the statutory exchange of property to abate the encroachment violation and provide the County with the necessary fee and easement area required to make the County's well site viable. Composite Exhibit 1 to the attached Lot Line Adjustment Affidavit clearly delineates the lands to be conveyed by France to the County ("Parcel A"), the lands to be conveyed by the County to France ("Parcel B") and the "80' Access and Utility Easement" to be conveyed by France to the .- Agenda Item No. 16C1 0 June 28, 2005 Page 2 of 17 EXECUTIVE SUMMARY Statutory Exchange Page 2 County, all as part of the statutory exchange of property. A location map is also attached for reference. In considering the proposed Resolution approving and authorizing the statutory property exchange, the BCC must determine that "Parcel B", as described in the Lot Line Adjustment Affidavit (which the County currently owns), is no longer needed or required for County purposes, and that the conveyance of same to France would be in the best interest of the County, provided the County receives from France fee title to "Parcel A" and easement interests to the "80' Access and Utility Easement," as also described in the attached Lot Line Adjustment Affidavit. Pursuant to Florida Statute Section 125.37, this proposed exchange of public and private property has been properly advertised two (2) times in the Naples Daily News. A copy of the Legal Notice and Affidavit of Publication are on file at Real Estate Services. The Clerk's Finance and Accounting Division has reviewed the information contained in this Executive Summary. .,.-..0... FISCAL IMPACT: As a condition of the County's willingness to proceed with the statutory exchange of property to eliminate the encroachment violation, Mr. France has agreed to bear any costs and expenses associated with concluding the transaction, and to reimburse the County for any and all out-of-pocket expenditures. GROWTH MANAGEMENT IMPACT: There is no impact on growth management related to this project. RECOMMENDATION: That the Board of County Commissioners: 1. Adopt the attached Resolution, required pursuant to Section 125.37, Florida Statute, which will provide for the statutory exchange of property, and authorize Chairman Coyle to execute the Resolution; and 2. Approve the attached Lot Line Adjustment Affidavit pertaining to Collier County and Robert G. France, and authorize Chairman Coyle to execute the Affidavit; and 3. Direct staff to proceed to finalize the statutory exchange of property in accordance with the Affidavit and Resolution and follow all appropriate real estate/closing procedures, and authorize Chainnan Coyle to execute all required conveyances or other documents necessary to conclude the exchange once approved by the County Attorney's Office; and ~' ,-' --- EXECUTIVE SUMMARY Statutory Exchange Page 3 Agenda Item No. 16C10 June 28, 2005 Page 3 of 17 4. Accept for recording in the Public Records all properly executed conveyance instruments where the County is named as Grantee, once approved by the County Attorney's Office. PREPARED BY: Hans Russell, Sr. Property Acquisition Specialist Real Estate Services! Facilities Management Department Item Number Item Summuy Meeting OlIO Agenda Item No 16C10 June 28, 2005 Page 4 or 17 COLLIER COUNTY BOARD OF COUNTY COMMII5SIONERS 16C10 Recommendstion to adopt 8 Resolution approving execution of a Lot Line Adjustment AffidavIt pertaining to the County and Robart G. France and to approve the statutory exchange of property that together wi!! provide the County with th~ necessary lands ín fee and easement ownership requ,red to make an exitting site for proposed rew water wells viable and that would hI'll!: the deft ired ef'!ect of elimInating an exiøUng encroachment by Mr_ FrBnce'~ private property onto public Ilnds. 6/26/20059:00'00 AM Hans RuneU &enior Property Açquis.tt,on Specialist 6/3/10061:36:19 PM Prep.red By Admjh¡str~tj\t'e Bervkes. D_tlt fIIc.lttles Menagement Approved By TDni A. Mott Admínia.trltive Servk:es ROIIII Pro Utrt)' Supervisor Date fac;lIitie", Management 6/3/2005 2:"'8 PM Approved By Real Estate Services Manllger Olt. ChaMs E. Carrlnljltofl, Jr., SRIWA Admh"¡$tmt:lvv SII,vic:4'liJ FuçlUtlolO MUIIQ;Uetnent &1>12006 Z:H PM Patrick G. VVhite Ani.t.nt County A.ttorney Oat~ Approved By County Attomey County Attome)' ORíce 61312006 3;31 PM Approved By Roy e. Anderaon. P.E. Public Utilities Public Utiliti u¡ Engineering Oiractor Date Public UtillUea Engineerifl9 61..I;l.006 9:06 AM Fo1r.IHtifl& M."~oemøt1t Director Dute Approved By 9kiþ Camp, C.F.NI. Adminì..trative Servicea Facilities. M;anagement 6tlS/ZDOS 7:69 AM Approved By Op.ru1lona Dirac-tor Oat. Thonuts Wldfl'i Publíc Utilities Public Utilltlas Op.,atlons 61712006 1 ;46 PM J..mes W. Del-f)ny Public UtUillea Administrator Datlt Appn..ed By Public: UtiUtias Publh: lJ1ì1itios. Administration 61SIZ005 1:6S AM OMS Coordin..tor Administrative AssÎat3nt Pat. Approved By County Manager's OUice Office of Management & Budget 6110/ZOO6 2:34 PM Randv GfII4!nwllllcl Dat. Approved By County Manager', OfflG:e Mal1a1øem",nUBudnct AnalV$t Offlc:.e of Milnagenumt & Budget 6113/100610:33 AM Mich....1 Smykow:ski Manillgl!!mClnt & Bud'\ 'at Dlnn.1or Oute Approved By Cuun1y Matmncf's Offien OffÍl~e of Man.gamont & Budget 6/17/100510:18 AM Appro'Yed By James V, Mudd Bo.anl of County Commtls.¡vnll'-no County Man..g.r D.te CDunty Manager'. Office 8117/2006 3;08 PM Agenda Item No, 16C10 June 28, 2005 Page 5 of 17 RESOLUTION NO. 2005- _ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING ITS CHAIRMAN TO EXECUTE A LOT LINE ADJUSTMENT AFFIDAVIT PERTAINING TO THE COUNTY AND ROBERT G. FRANCE, AND APPROVING THE STATUTORY EXCHANGE OF PROPERTY TO ABATE THE ENCROACHMENT VIOLATION OF PRIVATE LANDS ONTO PUBLIC LANDS AND PROVIDE THE COUNTY WITH THE NECESSARY EASEMENT AREA REQUIRED TO MAKE THE PROPOSED WELL SITE LOCATION VIABLE. WHEREAS, Robert G. France (France), in cooperation with County staff has prepared and executed an acceptable written Lot Une Adjustment Affidavit (Affidavit) pertaining to the exchange of County and privately owned properties intended to abate an encroachment of France's private garage onto public lands and to also provide the County with an easement area required to make a County-owned raw water well site location more viable; and WHEREAS, in accordance with Section 125.37, Florida Statutes, this proposed exchange of public and private properties has been properly advertised two (2) times in the Naples Daily News, a newspaper of general circulation in Collier County; and WHEREAS, the Board of County Commissioners of Collier County (Board), based on the facts and recommendations from it Staff, now finds that the County's fee interest in a portion of Tract 140, Golden Gate Estates Unit No. 77, as described in the Lot Une Affidavit, is intended therein to be conveyed by the County, and is no longer needed or required by the County for a County purpose, and that the conveyance of same to France would be in the best interest of the County, provided the County receives from France fee title and easement interests to portions of Tract 140, Golden Gate Estates Unit No. 77, as also described in the Lot Line Affidavit, which shall be used by the County for public purposes as a raw water supply well site; and WHEREAS, by this Resolution the Board desires to authorize its Chairman to execute the Lot Une Adjustment Affidavit, attached hereto, and take such other action needed to complete the subject property exchange. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The foregoing WHEREAS Clauses are deemed to be true and accurate and are adopted and incorporated herein as If fully restated. 2. The Board of County Commissioners of Collier County, Florida, hereby approves the exchange of property described here and in the Lot Une Adjustment Affidavit attached hereto, and hereby directs and authorizes its Chairman, on behalf of this Board, to execute said Lot Une Adjustment Affidavit, and to take any action, and execute any documents otherwise needed to convey and accept the public and private properties, respectively, referenced therein; and 3. This Resolution shall take effect immediately upon adoption. Page 1 of 2 Agenda Item No. 16C10 June 28, 2005 Page 6 of 17 RESOLUTION ADOPTED this _ day of second and majortty vote favoring adoption. , 2005 after motion, ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman By: Deputy Clerk Approved as to form and ~ Patrick G. Wh ~ Assistant County Attorney Page 2 of 2 ,.-- Agenda Item No. 16C10 June 28, 2005 Page7of17 LOT LINE ADJUSTMENT AFFIDAVIT NOW COMES Robert G. France, who being duly sworn, depose and say: 1. Robert G. France is the fee simple title holder to that property legally described as: Tract 140, GOLDEN GATE ESTATES, Unit No. 77, according to the plat thereof recorded in Plat Book 5, Page 15, Collier County, Florida, LESS that part conveyed to The Board of County Commissioners of Collier County, Florida as recorded in Official Record Book 634, page 491, Public Records of Collier County, Florida. (Hereafter Lot "A") 2. Collier County Board of County Commissioners is the fee simple title holder to that property legally described as: That certain rectangular parcel of1and consisting of approximately one acre having on each side 200 feet and located in the Northeast, comer of Tract 140 of Unit 77 of Golden Gate Estate Subdivision, Plat Book5, Page 15, of the Public Records of Collier County, Florida. (Hereafter Lot "B") 3. The parties desire to adjust a lot line and create two revised Lots and an additional Access & Utility Easement, as depicted in the sketch and legal descriptions prepared by Wayne Agnoli of Agnoli, Barber & Brundage Inc., Professional Engineers, planners & land surveyors, Certificate of Authorization Nos. LB 3664 and EB 3664, attached hereto and made part hereof as composite Exhibit "1 ". 4. Robert G. France, as the owner of said Lot A hereby consents to the lot line adjustment in accordance with Section 10.02.02 B.8, LDC. 5. Collier County Board of County Commissioners, as the owner of said Lot B hereby consents to the lot line adjustment in accordance with Section 10.02.02 B.8, LDC. 6. Because the lot line adjustment will result in two lots generally proportional in size to what was previously owned and having the minimum required road frontage and acreage, the lot line adjustment meets the standards of, and confonns to, the requirements of Section 10.02.02 B.8 of the Collier County Land Development Code. 7. The property described hereon is Zoned Single Family Residential and meets the intent of the Land Development Code, as amended. 8. Furthennore, the lot ìine adjustment will not affect the development rights or permitted density or intensity of use of the affected lots by providing the opportunity for the creation of new lots for resale or development within the meaning of Section 10.02.02 B.8, LDC. 9. This Affidavit is being given pursuant to Section 10.02.02 B.8 of the Collier County Land Development Code. 1 of 2 :"'''h -"''''';'~'' .,.,,,¡¡;.j,,.ld;.;,;,;...... ',;, 'f', . ._!:}.~ ......'- ._;."~L; :.;".,~;:~,'...~~r:~:~~~~~ftt~i~~ . ~.. . A endaItem No. 16C10 June 28, 2005 10. This Affidavit has been reviewed and approved b 'I _.. of the Page 8 of 17 Development Services Department John R. Houldsworth, Senior Engineer of Collier County, Florida on the bí~ day of J\.a ~ I;. ,2005. SIGNATURE OF OWNER: ~~~~ Robert G. France STATE OF FLORIDA COUNTY OF COLLIER '7 ,\~ . The foregoing instrument was acknowledged before me this ~ day of June, 2005, by Robert G. France who produced a Florida Driver's License as identification and who ~id not take an oath. . ~~ TWA G. CHERY : i~ MY COMMISSION * DO 238193 '. : EXPIRES: August 4, 21Xfl . - ThnI NoIIry ÑllCI.IndnrItn ~~~ Notary Public Commission No. Print Name: -\l V\ V\ ~ (.( j ATTEST: DWIGHT E. BROCK., Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By: FRED W. COYLE, Chainnan 2 of 2 ~'-i·,l/~'!'":~ '¿"~" .i::j , ,j";:" ,. J.1'~_:'í:¡¡;:·,k.¡-y:.':.ìf:· .................... E"~I~ Np-. 16C10 ^I' I g {¡un,,?R ..2005 Page--1-of £'fBJe 9~f 17 ~ N ~ 130 141 SCALE, l' = 100' PARCEL 'B' \([STERL Y LINE IF TRACT 140 I I I I I I ~IL~W~~S~HOOÎ I , PARCEL 'c' 131 TRACT 140 GOLDEN GATE ESTATES UNIT NO 77 (P.B. 5. PG. 15) COLLIER COUNTY. FLORIDA AREA=4.4B AC,:t ~ :! ... ...... :!" C'" i~ ~ , I , t I I I I I I I I : 60' : : c.Jlib I , I I I I I I 20' ----j l- I I I : --------------__1-.J ----- 311' 60' RDAD 4TH AVENUE NORTHEAST 30' ----- ------------------, I I I I I GENERAL NOTES' I. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. 2. P.O.B. 3. P,O.C, POINT OF BEGINNING. POINT or COMMENCEMENT, 4. D.E. = DRAINAGE EASEMENT. 5. BEARINGS ARE BASED ON THE CENTERLINE OF 4TH AVE. N.E. AS BEING AS BEING NB9'40'SO''w' AS SHO'w'N ON THE PLAT OF GOLDEN GATE ESTATES. UNIT 77. AS RECORDED IN PLAT BOOK 5. PAGE 15, PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. for: NOT A SURVEY SHEET 1 OF 2 GOLDEN GATE ESTATES, UNIT NO. 77, TRACT 140 dote: APRIL 22. book: page: pro ject: ROBERT G. FRANCE title: SKETCH AND DESCRIPTION OF PARCEL "A" 2005 ....1i3. 1:11 GNOLI ..... I:::: ARBER & ······13 ...... ...... RUNDAGE. INC. Professional engineers, planners, & land surveyors CoUler County, Suite 200, 7400 Tamlaml Trail, Norlh; Naplee, FL 3410B (239):107-3111 ín County: 0900 Coconut Road, Suite 103, Bonita Sprln,., FL 34135 (230)948-8883 scale: Caruncate of Aulhortutlon NOI. L8 3884 and ED 3M4 Fez: (239)588-2203 1"=100' pro ject no':05-0028 acad: 9035 view: file no: 9035- SDl 1___- ---- ev'mr"~" NQ. 16C10 I;J\n DI'unel28, 2005 Page~ofatr'u ~ 17 DESCRIPTION 0. PARCEL 'A' ------------------------------------------------------------------- ALL THAT PART D. TRACT 140, GOLDEN GATE ESTATES, UNIT NO. 77, ACCORDING TO THE PLAT THEREO', AS RECORDED IN PLAT BOOK 5, PAGE 15, PUBLIC RECORDS OF COLLIER COUNTY, fLORIDA, BEING MORE PARTICULARLY DESCRIBED AS roLLO\<lS, BEGINNING AT THE NORTH\<IEST CORNER D. SAID TRACT 140) THENCE SOUTH 89'40'50' EAST ALONG THE NORTHERLY LINE Of SAID TRACT 140 A DISTANCE Of" 170.00 rEET¡ THENCE LEAVING SAID NORTHERLY LINE SOUTH 00'19'10' \<lEST 113.50 FEET¡ THENCE NORTH 89'40'50' \<lEST 170.00 'EET TO AN INTERSECTION \<lITH THE \<IESTERL Y LINE Dr SAID TRACT 140, THENCE NORTH 00'19'10' EAST ALONG SAID \<JESTERL Y LINE Of SAID TRACT 140 A DISTANCE or 113.50 rEET TO THE POINT Of BEGINNING Of THE PARCEL HEREIN DESCRIBED. CONTAINING 19,295 SQUARE 'EET Dr LAND MORE OR LESS, SUBJECT TO EASEMENTS AND RESTRICTIONS Of RECORD. L LAND SURVEYORS for: ROBERT G. FRANCE pro jecl: SHEET 2 OF 2 GOLDEN GATE ESTATES, UNIT NO. 77 TRACT 140 dote: APRIL 22, 2005 book: page: scale: title: SKETCH AND DESCRIPTION OF PARCEL "A" ····tJ ==== GNOLI ..... ====: ~RBER & ......(3 ...... ...... RUNDAGE. INC. Professional engineers, planners, & land surveyors Collier Count,: Suite 200, 7400 Tall1\all1l Trail, North: Napl... FL 3U08 (239)597-3111 Lee Count,: 9990 CO<Ionut Road, Suite 103, Bonita Sprin... FL 3413& (239)948-8883 CerUfloate of AuthorllaUol> NOI. LB 3884 and EB 3884 ras, (239)586-2203 N.T.S. pro ject no.: 05- 0028 acad: view: 9035 file no: 9035-SD1 130 VESTER!. Y LINE [)F" TRACT 140 131 ----- JO~ 60' ROAD 30' ----- GENERAL NOTES' 1~1 $B9'40'SO'E 170,00 PARCEL 'A' PARCEL 'B' 10.380 $11. n. j ¡; .þ ... '4' . I I I t I BO' ACCESS ~--' UT]L!TY EASEMENT : I t I I I , t I I t I I , I I I I I , I I I I I t I I I I I I I I , I t I I : I 20'--< f- : I , I -----------_____l~ PARCEL 'c' TRACT 140 GOLDEN GATE ESTATES UNIT NO. 77 (P.B. 5, PG. ]5) COLLIER COUNTY, FLORIDA AREA=4.48 AC.! 60' D.E. (PLAT> 4TH AVENUE NlJRTHtAST J. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. ------------------, , t I I I 2. P.o.B. 3. P.D.C. POINT OF BEGINNING. POINT OF COMMENCEMENT. 4. D.E. = DRAINAGE EASEMENT. 5. BEARINGS ARE BASED ON THE CENTERLINE OF 4TH AVE. N.E. AS BEING AS BEING N89'40'50''W AS SHO'WN ON THE PLAT OF GOLDEN GATE ESTATES, UNIT 77, AS RECORDED IN PLAT BOOk 5, PAGE IS, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. for: ROBERT G. title: EXÞl4S1aliem JJo. 16C10 Page-Lof ~g~~?~~ ~ N ~ SCALE: l' 100' ~ ~ .. "'... "'.... ~= ~~ é ~ NOT A SURVEY SHEET 1 OF 2 GOLDEN GATE ESTATES, UNIT NO. 77, TRACT 140 SKETÇH AND DESCRIPTION OF PARCEL "B" FRANCE pro ject: ....!!J\ :=::f-\.GNOLl ·····13 ::::: ARBER & ......(3 ...... ...... RUNDAGE, INC. Professional engineers, planners, & land surveyors Collier Counly: Sulle 200, 7400 Tamlami Trail, North; Napl.., FL 3410B (239)5117-3111 Lee County: 9990 Coconul Road, Sulle 103, Bonlla Spring.. FL 34135 (239)948-8883 I I L,;~ ., , '.'..0.,;;.:, w, Certlflcale of Authorization No.. LB 3884 and ED 3884 Fez: (2311)588-2203 dote: APRIL 22, 2005 scale: book: 1"=100' page: pro ject view: nO':05-0028 acad: file no: 9035 9035-SD2 ........... .. EX~1itemJ>Jo.16C10 Page-£" of 3:~..~ ~~~~ DESCRIPTION OF" PARCEL 'B' --------------------------------------------~--------------------- ALL THAT PART OF" TRACT 140, GOLDEN GATE ESTATES, UNIT NO, 77, ACCORDING TO THE PLAT THEREOF", AS RECORDED IN PLAT BOOK 5, PAGE 15. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLO'WS' COMMENCING AT THE NORTH'WEST CORNER OF" SAID TRACT 140) THENCE SOUTH 89'40'50' EAST ALONG THE NORTHERLY LINE OF" SAID TRACT 140 A DISTANCE OF" 170.00 FEET) THENCE LEAVING SAID NORTHERLY LINE OF SAID TRACT 140 SOUTH 00'19'10' 'WEST 113.50 FEET TO THE PDlNT OF" BEGINNING OF" THE PARCEL HEREIN BEING DESCRIBED) THENCE CONTINUE SOUTH 00'19'10' \.lEST 86.50 FEET) THENCE SOUTH 89'40'50' EAST 120,00 F"EET) THENCE NORTH 00'19'10' EAST 86.50 F"EET THENCE NORTH 89'40'50' 'WEST 120.00 F"EET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED¡ CONTAINING 10,380 SQUARE FEET OF LAND MORE DR LESS) SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. for: pro ject: SHEET 2 OF 2 GOLDEN GATE ESTATES, UNIT NO. 77, TRACT 140 ROBERT G. FRANCE ....&3 =::: GNOLl Certificate of Authorization No.. LB 3BB4 and ED 3BB4 ..... Fax: (239)5BB-2203 ::::: ARBER & ······13 :::::= RUNDAGE, INC. Professional engineers, planners. & land surveyors Collier Count;r: Suite 200. 7400 Tamlaml Trail. North: N.pl.., FL 34108 (239)597-3111 Lee County: 9990 Coconut Road, Suite 103, Bonita SprID(', FL 34135 (239)948-88B3 scale: date: APRIL 22, book: page: 2005 title: SKETCH AND DESCRIPTION OF PARCEL "B" N.T.S. pro ject nO':05-002B acad: 9035 " ,~._~ .". a..;... , .»' ~i ''''''f view: file no: 9035-SD2 ,:",......... "'" J.''''''' ._,,' ~.-..J '- EXH~ Ile71 No. 16C10 I DI.- '''R'L~8, 2005 page"'£" of cgaoaç¡e 13 of 17 130 I~I PARCEL 'A' ~ J PARCEL 'B' SCALE' I' 100' 'JESTERL Y LINE or TRACT 1~0 10' ACCESS , UTILITY EiUEÞ4ENT 34.400 SQ. n. * EASTERL Y LINE or TRACT 1~0 PARCEL 'C' 131 TRACT 140 GOLDEN GATE ESTATES UNIT NO. 77 <P,B, 5, PG. 15) COLLIER COUNTY, FLORIDA AREA=4.48 AC.± '" 2 ~ i '" '" ~ g .. Iii ::! .. c ... .. "'CD ",,,, ~... ~~ å 60' D.E. (PLAT> - ----- EASTERL Y LINE Of' 60' DRAINAGE EASEMENT 30' 60' ROAD 30' ----- GENERAL NOTES' SOUTHEAST C[lRNER Of' TRACT 140 REVISED: MAY 12, 2005 REVISED: MAY 5, 2005 NOT A SURVEY SHEET 1 OF 2 GOLDEN GATE ESTATES, UNIT NO. 77, TRACT 140 dote: APRIL 22, 2005 book: 1"=100' page: 1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF, 2, P.O.B. POINT OF BEGINNING, 3. P.o.C. POINT OF COMMENCEMENT. 4. D.E, = DRAINAGE EASEMENT, 5. BEARINGS ARE BASED ON THE CENTERLINE OF' 4TH AVE. N.E, AS BEING AS BEING N89·40'50·.... AS SHo....N ON THE PLAT OF GOLDEN GATE ESTATES. UNIT 77, AS RECORDED IN PLAT BOOK 5, PAGE 15, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. for: ROBERT G. FRANCE pro ject: title: SKETCH AND DESCRIPTION OF 80' ACCESS AND UTILITY EASEMENT ....~ ==== GNOLI ..... =:111 ~RBER & ······13 ...... ...... RUNDAGE, INC. Professional engineers, planners, & land surveyors Collier Counly: Sulle 200, 7400 Tamlaml Trail, North; Naplee, n 34108 (239)597-3111 Lee Counly: 9990 Coconul Road, Sulle 103, Bonlla Sprln,e, n 3,4135 (239)948-8883 scale: Certificate of Aulhorlzatlon No.. LB 3664 and EB 3884 Fa>:: (239)1166-2203 project nO':05-0028 acad: 9035 _..' :;....'~"'~ ~.,........~~,-~£--~-;";"~,., view: file no: 9035-SD4 .~,,~;~,. ,_t.;.'.;. ~..¡} ¡ I -- ex~r~'t~~~8: ~~óg Page-k.-of ~ ~="f 17 DESCRIPTION OF" 80' 'w'IDE ACCESS AND UTILITY EASEMENT --------------------------------------------------------------------- ALL THAT PART OF TRACT 140, GOLDEN GATE ESTATES, UNIT NO. 77, ACCORDING TO THE PLAT THEREOF, AS RECORDED [N PLAT BOOK 5, PAGE 15, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FoLLol,/S, COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 140¡ THENCE NORTH 89'40'50' I,/EST ALONG THE SOUTHERLY LINE OF" SAID TRACT 140, A DISTANCE OF" 80,00 FEET ¡ THENCE LEAVING SAID SOUTHERLY LINE OF SAID TRACT 140 NORTH 00'19'10' EAST 30.00 FEET TO AN INTERSECTION ....ITH THE NORTHERLY LINE OF A 60.00 FOOT ....!DE ROAD EASEMENT¡ SAID INTERSECTlDN BEING THE POINT OF BEGINNING OF THE EASEMENT HEREIN BEING DESCRIBED¡ THENCE CONTINUE NORTH 00'19'10' EAST 430,00 FEET¡ THENCE SOUTH 89'40'50' EAST 80.00 FEET TO AN INTERSECTION VITH THE EASTERL Y LINE OF A 60.00 FOOT ....IDE DRAINAGE EASEMENT AS SHo....N ON SAID PLAT) THENCE SOUTH 00'19'10' ....EST ALONG SAID EASTERLY LINE OF SAID DRAINAGE EASEMENT A DISTANCE OF 430.00 FEET TO AN INTERSECTION ....ITH THE EASTERLY EXTENSION OF THE NORTHERLY LINE OF SAID ROAD EASEMENT) THENCE NORTH 89'40'50' ....EST ALONG SAID EASTERLY EXTENSION OF SAID NORTHERL Y LINE OF SAID ROAD EASEMENT A DISTANCE OF 80.00 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED¡ CONTAINING 34,400 SQUARE FEET OF LAND MORE OR LESS¡ SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, AGNOLl, BARBER 8. BRUNDAGE, INC, PROFESSlDNAL ENGINEERS. PL for: REVISED: MAY 12, 2005 SHEET 2 OF 2 GOLDEN GATE ESTATES. UNIT NO. 77, TRACT 140 title: dote: SKETCH AND DESCRIPTION OF 80' ACCESS AND UTILITY EASEMENT APRIL 22, 2005 book: page: ROBERT G. FRANCE pro ject: ..... .... .... ..... ..... ..... ...... =::=:= RUNDAGE, INC. Professional engineers, planners, & land surveyors Collier Count,: Suite 200, 7400 Tamlaml TraU. North; Naple., FL 34108 (239)597-3111 Lee Count,: 9990 Coconut Road, Suite 103, Bonita Spr1nI., FL 34135 (239)948-8863 scale: CerUflcate of AuthorlzaUon No.. LB 3884 and BB 3884 Fu: (239)588-2203 N.T.S. pro ject nO':05-0028 acad: 9035 view: & file no: 9035-SD4 ""-''''-".....'''--~'" 130 141 PARCEL 'A' S89'40'50'[ 290.00 PARCEL 'B' ? IJ[ST[RL Y LINE or TRACT 140 , , , I 80' ACCESS L ~ UTILITY [IIS[N£NT : , , I I I I I , , I I I I I I , I I , PARCEl 'c' 131 ¡; ,. ,., TRACT 140 GOLDEN GATE ESTATES UNIT NO, 77 (P.B. 5, PG, IS) COLLIER COUNTY, FLORIDA AREA-4.48 AC.:t ~ ¡; i ----- 60' I I D.E. , I (PLIIT> , I , I I I , I 20'--: f- PARC[L 'C' i : , I I I --------------__J........J ~O' 60' ROllO N89'40'50'IJ 370.00 4TH AVENUE NDRTHtIIST 30' SOUTHtRL V LINt or . TRI\CT 140 ------------------, I I I , ----- GENERAL NOTES' 1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. 2. P.O.B. 3. P.D.C. POINT OF BEGINNING. POINT OF CDMMENCEMEN~ "". D.E. " DRAINAGE EASEMENT. 5. BEARINGS ARE BASED DN THE CENTERLINE OF 4TH AVE. N.E. AS BEING AS BEING NB9'40'50''W AS SHO'WN ON THE PLAT OF GDLDEN GATE ESTATES, UNIT 77, AS RECORDED IN PLAT BODK 5, PAGE 15, PUBLIC RECDRDS DF CDLLIER CDUNTY, FLORIDA. for: ROBERT G. pro ject: FRANCE title: SKETCH AND DESCRIPTION OF PARCEL "cn ····ì :::: GNOLI ..... ===== ~BER & ...... ...... ...... RUNDAGE, INC. Professional engineers, planners, & land surveyors Collier County: Suite 200, 7400 Tamlaml Trail. North: Naple., FL 34108 (2311)5117-311 1 Lee County: 9990 Coconul Road. Sulle 103. Bonita Sprin,.. FL 34135 (239)946-8863 Certificate of Authorization Noe. La 3664 and ED 3864 Fa>:: (2311)588-2203 E~"æ )tfm Nt. 16C'IQ Page-L- o~~~~,( ~~~ ~ N ~ SCAlEI I' = 100' f~m~:o LINE OF" ~ ~ ... ... '" .... e .... .. "'ID ",,,, ~= z~ !!/ S REVISED: MAY 5. 2005 NOT A SURVEY SHEET 1 OF 2 GOLDEN GATE ESTATES, UNIT NO. 77, TRACT 140 date: APRIL 22, 2005 book: page: :0 Ò ¡;: k ... SIJUTH£AS T CORNER OF" TRI\CT 140 scale: 1"=100' pro ject nO':05-0028 acad: 9035 view: file no: 9035-SD3 E*~O.~6C10 .1 "~JUh9? ~~'i Page--.i:.:_~ of 17 - DESCRIPTION OF PARCEL 'C' (REMAINDER OF TRACT 140) ------------------------------------------------------------------ ALL THAT PART OF" TRACT 140, GOLDEN GATE ESTATES, UNIT NO. 77, ACCORDING TO THE PLAT THEREOF", AS RECORDED IN PLAT BOOK 5, PAGE 15, PUBLIC RECORDS OF" COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLo....S, BEGINNING AT THE SOUTH....EST CORNER OF" SAID TRACT 140¡ THENCE NORTH 00'19'10' EAST ALONG THE "'ESTERLY LINE OF SAID TRACT 140 A DISTANCE OF" 546,50 FEET, THENCE LEAVING SAID \,IESTERL Y LINE OF SAID TRACT 140 SOUTH 89'40'50' EAST 290,00 FEET I THENCE SOUTH 00'19'10' ....EST 86.50 FEETJ THENCE SOUTH 89'40'50' EAST 80.00 FEET TO AN INTERSECTION "'ITH THE EASTERLY LINE OF SAID TRACT 140) THENCE SOUTH 00'19'10' ....EST 460.00 FEET TO T~ SOUTHEAST CORNER OF SAID TRACT 1401 THENCE NORTH 89'40'50' \,lEST ALONG THE SOUTHERLY LINE OF SAID TRACT 140 A DISTANCE OF 370,00 FEET TO THE POINT OF" BEGINNING OF THE PARCEL HEREIN DESCRIBED, CONTAINING 4.48 ACRES OF LAND MORE OR LESS¡ SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. title: SKETCH AND DESCRIPTION OF PARCEL "c" SHEET 2 OF 2 GOLDEN GATE ESTATES. UNIT NO, 77, TRACT 140 date: APRIL 22. book: page: 2005 for: ROBERT G, FRANCE pro ject: ....!/\ Eææif\-ft3GNOLI II:=: ARBER Be ...... ...... ...... RUNDAGE. INC. Professional engineers. planners. Be land surveyors CoUler County, Suite 200. 7.00 Taml.ml Tr.lI. North: Naplee. FL 3-4108 (239)697-3111 Lee County, 9990 Coconut Road. sutte 103, Bonlte Sprlnc.. FL 3.136 (239)9"'-8883 scale: Certificate of Authorization NOI. LB 388. and ED 388. Fax: (239)1186-2203 N.T.S. pro ject nO·:05-0028 acad: 9035 view: file no: 9035-SD3 Agenda Item No. 16C1 0 June 28. 2005 Page 17 of 17 LOCATION MAP ".------. Agenda Item No. 16C 11 June 28,2005 Page 1 of 6 -- EXECUTIVE SUMMARY Recommendation to adopt a Resolution approving Special Assessment Hardship Deferrals for certain Sewer Special Assessments for the 2005 tax year. The fiscal impact is $18.50 to record the Resolution. OBJECTIVE: That the Board of County Commissioners as the Governing Body of Collier County and Ex-Officio of the Governing Board of Collier County Water-Sewer District adopt a Resolution approving the deferral of sewer assessments pursuant to the hardship program that was adopted in the year 1994. CONSIDERATIONS: On March 8, 1994 the Board of County Commissioners adopted an assessment hardship program that provides annual assistance for property owners who are living below the poverty level and who are at risk of losing title to their homes as a result of each assessment. Staff reviewed the applications for the next fiscal year and determined the portions available for deferral according to the Federal Poverty Guidelines and other specific criteria set by the Board. The deferred amounts will not appear on the 2005 tax bills. Each property owner must renew his/her application on an annual basis. .-- Property owners who qualified are identified as follows: Project Account Number Deferred Amount Percent of Deferral 51000 51000 51000 51000 51000 _ $=-~Q4~9 5>245.87 $ 136.60 $ 343.67 $ 292.70 -7Q:%.--.- .--_._---~.... 100% 70% 100% 100% 256.6_5J-=-_____ 23ÙÈ)05 361655 450508 406808 ..---'-"----..... - --------.--- ---.-.----...-.-.........-.-.- - ---~--.,,_.._--- ...--.--- .----.-.-------..- CSEE ATTACHED EXHIBIT "A" - ~.._---.-.--..-.--.~.- _.--_._-------_._~_.- The County Attorney'sofficë hâs reviewed this for legal sufficiency. ----~-----_..- ,.-- Agenda Item No. 16C11 June 28, 2005 Page 2 of 6 - FISCAL IMPACT: The fiscal impact of the proposed deferral for 2005 is $1,223.73. Sufficient funds are available in the Collier County Water-Sewer District debt service fund to ensure compliance with current debt service requirements. The recording cost of this Resolution in the public records will amount to approximately $18.50, which is to be charged to the County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: The Utility Billing and Customer Service Director recommends that the Board of County Commissioners, Governing Body of Collier County and Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve the 2005 sewer assessment deferrals and authorize staff to make appropriate adjustments to the assessment rolls prior to tax bills being issued and adopt the attached Resolution. PREPARED BY: Pamela Callis, Revenue Supervisor, Utility Billing & Customer Service .- ~_."-- .",...... 2 Agenda Item No 16C11 June 28, 2005 Pog" 3 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Numb.r Item Summary \6C\1 Recommendation to adopt a Resolution approving Special Assessment Hardship Deferrals for certaIn Sewer Special Auenments for the 2005 t8:': year The fisc.al impact Îs 118.50 to record the Resolution. MO'llng Dalo 6/28/20059:00,00 AM Approved By PamC..Iií'Q Revenue Supervi~or Date Public utIlities uscs .1312005 J:10 PM Approved By TutttS;. Riosen FlflvenUG ManuUar Date Public UtOitlu uses GI3f2DOS 3.:36 PM Approved By John A. YOl1kosKy Utility BIlling Ointctor [); te Public Utllitil~¡; UBes G/4/20Ø& 8:50 AM Approved By Thomas Wído$ Operations Oirector Dot. Public Utilities; Publtc UtllitleG. O~rations. '17120052:13 PM Approved By James W. DII!'Lony Public Utilitilt-.. Administrator Da" Public utilit¡(!'S Public Uliliti..ø Að,ninl,traHDI1 &/1120058:85 AM Approved By OMS Coordinator Administrative Assistant Date County Manager's Off,ee Office. of ManllQltfftent & Budget 6/10120052:37 PM Approved By RJlndv GnMtnwald Managerrurn1fBudgflt Analyst [); te Courlty Manager'!\. Office Office of M.n.gement & Budget 6/13(200611:04 AM Approved By Michael Smvko,"""kl Miln.a(1l!1mt1nt & Budget Dlre-dor Dot. C<IUI1tV MannU.I"'!. Ort¡r..~ Ottilm of Man.g,u'Ulmf " Bndue' 6/1712005 '10:43. AM Approved By James V. Mudd Board 01 County Commission!!'-n County Mana~er Date County Manager's Office 6/17/20056:65 PM .... L.(') CD "'-0_ 000 CDNV ...- . «)w c:i N 0') ZWCU eeL E;:¡ 41!-' 0 I- 0) r-- 0 r-- 0 W Z «) co <0 <0 ~ cu a::: ;:) ~ Lri to C".i N "'0 a::: 0 0 v C") v 0) c w w :::E N N .... C") N ~ ~ ~ ~ ~ 0') 1L c( <C W 0 ~I Lt) L.(') L.(') Lt) Lt) 0 0 0 0 0 0 0 0 0 0 N N N N N <OW...... C")~r-- ....U)vC") vl-N COI-N ...J O>N O...JI- OW~N OU)v °ON 001- glDO g~...J1- gWI- g...J1- c( ~a::0 CI (!) Z co ...... ...J <OOrDO <O...JO co a:: 0 CI Lt)C)...J ~!=ID ~J:O...J C")...J...J <OO...J CI W 0 001-0 NÏ ~Z~ .... ...J ~ C")Z co a:: ° in CI/:I CD:=>~ ~:=> ~W<{ co~ L.(')<{~ l- e.. coZ...J ~<{ v~ 0 0 ä:: NOrD NW ~~t ··0 co + "0 ..W W Z 0 "OC") 0- OW o a:: OC)"- ., (I) 001- zU) ZID Zw ZON 0 0 w ZO- O~ 0U) a::: ::::¡ 0 o Z oz 05:: e.. ~ :=> _0 -W -a:: 0 ...JO ...J...J ...J:=> ~~ LL 0 o a:: OCL ~I- O<{ 1..1.. LL.ID LL.<{ 1..1..0 Z ê( ... iñ :I: >< W (I) Ol-v Wzv :5:5w~ a::WN WNWN (I) -(/)O >...J0 1->"- a:::=>:=>"- a::: w I-US""" ~>-~ --:=>..- - ..- o a:: z"- w (/) v [¡j>zv za::v 3: a::: o C") (/)C") wWC") <ë0C") I-UW~ 0 ID~...J <!)(/)...J 00~...J ~z~...J W 0 >-<{LL. 1-1- 1..1.. uZ...J (I) c( ZoLL. U Q 1..1... ...JzI=LL. IDID _ ZZo <{<{ . -a:: - . ~ (/) 00 cñ ~I-(/) :I: I- 0 a::_(/) LL.LL.gw (/)<{w(/) I- 0 Z ~uw >WW W:=>W _ w ;:) w c( I-...J ~C")...J u.i<{~~ ...JI-...J :5ua::...J :=>CL NCL <{¡::CL -a::CL 0 ., w oQz~ ...Ja:: <{ (I) 0 :::E z<{ a::C")<{ <!)(/)<{ WI-<{z a::: OZ O"-Z (/)a::::::¡ ZZ I-<{ID 0 e.. c( z zWv 0 (/)CL~ Z Z 0 o~co U c( 0 1..1.. 0) 0) U ...J N N N l- N (I) 0 <{ c( 0) w 0) :u: I- ..- L.(') L.(') co co Z L.(') 0 L.(') 0 0 ;:) <0 co <0 L.(') co 0 Lt) 0 ..- 0 <0 L.(') C") co Lt) 0 0 N N C") V V 0 c( ~lgl 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ...... .... ..- ..- ..- Lt) L.(') L.(') L.(') L.(') Agenda Item No. 16C11 June 28. 2005 Page 5 of 6 RESOLUTION NO. 2005-_ RESOLUTION NO. CWS-2005-_ RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS AS THE GOVERNING BODY OF COLLIER COUNTY, FLORIDA AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, APPROVING THE SPECIAL ASSESSMENT HARDSHIP DEFERRALS FOR CERTAIN SEWER SPECIAL ASSESSMENTS FOR THE 2005 TAX YEAR. WHEREAS, the Board of County Commissioners in its individual capacity as the Governing Body of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, (hereinafter referred to as the "Board") established by Resolutions No. 96-358, and No. CWS-96-9 a program for the deferrals of special assessments for water and/or sewer improvements for homeowners who qualify under said Resolutions; and WHEREAS, Section Eight of said Resolutions provides that the Board shall approve by resolution the special assessment hardship deferrals which shall include the property owner's name, mailing address, legal description of the property, property folio number, the name of the special assessment district, account number and the amount of the annual special assessment payment being deferred. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY, AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT THAT: 1. The owners identified on Exhibit "A" have been approved for the special assessment hardship deferral. 2. This Resolution shall be recorded in the Public Records of Collier County, Florida. 3. This Resolution shall become effective immediately upon its adoption. Agenda Item No. 16C11 June 28, 2005 Page 6 of6 THIS RESOLUTION ADOPTED after motion, second and majority vote this _ day of , 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY By: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: Robert Zachary Assistant County Attorney 2 Agenda Item No. 16C 12 June 28,2005 Page 1 of 8 Executive Summary Recommendation to approve a change order in the amount of $32,030.00 to Work Order # HM-FT -02-01 with Hole Montes, Inc. for professional engineering services related to installation of a 16-inch reclaimed water system interconnect from Radio Road to Davis Boulevard, Project Number 74035. OBJECTIVE: To obtain approval of a change order to Work Order # HM-FT-02-01 for additional services necessary during the design and construction of the 16-inch reclaimed water system interconnect from Radio Road to Davis Boulevard. PUBLIC PURPOSE: This project will increase the flows for the North-South reclaimed water interconnect, thereby helping meet existing demands and increase the reliability and movement of flows to future ASR wells. ,-" CONSIDERATION: Work Order # HM-FT-02-01 in the amount of $104,690.00 on a time and material basis was entered into on February 12, 2002 (BCC Agenda Item 16(C) 8) with Hole Montes, Inc. under Contract # 00-3119, Agreement for Fixed Term Utilities Engineering Services, dated April 10,2001. The purpose of the work order was to obtain professional services for the design, permitting, bidding assistance and services during construction for the installation of approximately 10,000 linear feet of 16-inch reclaimed water main commencing at Radio Road adjacent to the Foxfire Pump Station and continuing south within an existing Florida Power & Light easement to Davis Boulevard, then continuing east along Davis Boulevard to a connection with an existing 18-inch reclaimed water main at County Barn Road. During design of the project, additional services were necessary to add a reuse system control valve assembly to the Foxfire Reuse Storage tank and to prepare a maintenance of traffic plan for the portion of the project along Davis Boulevard. The control valve assembly was added to the scope of work to provide greater flexibility to the reuse interconnect. The maintenance of traffic plan is normally prepared by the contractor, but in this case it was necessary to provide it during design to satisfy permit conditions. At that time, a no cost change order (Change Order #1) was entered into whereby funds allocated to construction services were transferred to design services. Subsequently, based upon the attached letter from the design professional, additional funds in the estimated amount of$32,030.00 will be necessary to provide the required services during construction to complete the project. This cost is considered to be reasonable in that it is based upon a realistic time to complete construction at the hourly rates established in the contract. Therefore, the attached change order (Change Order # 2) has been prepared for this purpose. ,~ FISCAL IMPACT: The total cost associated with approval of this change order is $32,030.00. Funding for this obligation is available in and is consistent with the FY05 Capital Budget adopted by the Board of County Commissioners on September 23, 2004. Agenda Item No. 16C12 June 28, 2005 Page 2 of 8 .-- Current appropriations are identified in the County Sewer Impact Fee Fund (413), 16- Inch Reclaimed Water Main, Radio Road to Davis Boulevard (Project Number 74035). The source of funds is Wastewater Impact Fees. GROWTH MANAGEMENT IMP ACT: There is no impact to the Growth Management Plan related to this action. This project is consistent with the 2003 Wastewater Master Plan Updates adopted by the Board of County Commissioners as Agenda Items 10 (C) on May 25, 2004. RECOMMENDATION: That the Board of County Commissioners, Ex-officio the governing board of the Collier County Water-Sewer District: 1. Approve Change Order No.2 to Work Order # HM-FT-02-01 in the amount of $32,030.00 for performance of additional services related to design and construction of the 16-inch reclaimed water system interconnect from Radio Road to Davis Boulevard. 2. Authorize the Director of the Public Utilities Engineering Department to execute the Change Order. -. PREPARED BY: Harry Huber, Senior Project Manager, Public Utilities Engineering Department ~. Agenda Item No 16C12 June 28, 2005 Pag~ :3 ",1 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Me.lng D.te IGC12 Recommendation to øpprov., e cl'1onge order in the smoLlnt of S32,030.00 to Work Order # HM~FT.02-01 with Hole MOr1tes, Inc. for prDfeasional engiMl!lI!Irlng services related to instalti\ticn of a i6.inch reclaimed water system intercDnnect from Radio Road to Davis Boulevllrd, Project Number 74035 6i2Br200S 9:00:00 AM Item Number Item Summary Approved By Roy B. Anderson. P.E, Public UtUit/e' Engineering D rector Date Public Utlllthni Public UtUïtleu. E:n{) nCtt:>rìng 617120086:51 AM Approyed By Stephen L. Nagy Wiu~tewatet Collections Manager Dat. Public U1ì1itin WasteWater 6m2005 11 :20 AM Approved By WiIli;lIYl D. Mullin, PE Principal Prajuct Manttgnl' Dat. Public: UtìUties Public Utilities Engineering 5171200512:35 PM Approved By Thomas Wid. ¡. Oþlmrtion.. Director D.... PlJb~c Uti!¡ti$t!. PuhU(: UtiUthls O ulultiout¡ &17120051:64 PM Approved By Steve Camell Purchnsll1ç /Geoeral SV(:i Director Oat. Admlniølnrtive Sttnticttr; Purc:h."in9 6(101%006' :31 PM Approved By JlUneJ$ W. DnLcmy PublÌl; Utili tie! . Þ,d¡ninistruf< r DatI! Public UtWties Public UtllilÌ.,.a Admintstrahon 6/1DI2DOS. 6:00 PM Approved By OMB Coordinator Adminls;trative As,.latant Date county Manager's Offk~ 01fiGe of Management & Budget &/13120051:23 PM Approved By SUS':U1 UIIo H !r Sf!ninr MunußnmnlltiBudget An;lly ~t Dn1f! County Manager's Office Office of Management & Budget 611011'20058:41 AM Approved By Michael Smykowski Management & B\ld~l t DirectDr Oat. County Mana.UIIr'¡¡. Offì'l! Oftir.4~ or Man.aglbnumt.\ e,ul ct 6/20/20051:11 PM Approved By JAmes; V, Mudd County Mønager Oat. So.rd of County Commtuloners County MtlllUunr'ø Offh~11 S/ZO/2.005 1 :63 PM .---... TO: Hole Montes, Inc. 950 Encore Way Naples, FL 34108 CHANGE ORDER FROM: Collier County Public Works Engineering Department 330] East Tamiami Trail Naples, Florida 34112 Agenda Item No. 16C12 June 28. 2005 Page 4 of 8 Project Name: Radio Road / Davis Boulevard, 16" Reclaimed Water Main Agreement Dated: February 12,2002 P.O. No.: 204373 Change Order No.: 2 Date: June 3, 2005 Change Order Description: The purpose of this change order is to adjust the estimated amount for performance of Task # 5 in accordance with the attached request from Hole Montes, Inc. dated September 30, 2004 and to adjust contract time based upon the current projected date for completion of the project. Original agreement amount ........ ........... ............... .................. ....... $ Sum of previous change orders amount ......................................... $ This Change Order Amount ............................................ Revised Agreement Amount.......... ......................................... ......... $ ] 04,690.00 0.00 32.030.00 136,720.00 Original contract time in calendar days.................................... 270 Adjusted number of calendar days due to previous change orders... 0 This change order adjusted time is........................................... 995 Revised Contract Time in calendar days...... ................................. 1,265 Original Notice to Proceed date ............................................... February ] 2, 2002 Completion date based on original contract time....................... November 9, 2002 Revised completion date ........................................................... July 3],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 this Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Date: Harry Huber, Senior Project Manager Public Utilities Engineering Department Accepted by: Date: H. Clifford Pepper III, P.E. Director of Project Management, Hole Montes, Inc. Approved by: Date: Roy B. Anderson, P.E., Director Public Utilities Engineering Department (For Use by Owner: Fund: 413 74035 Cost Center: 263613 Object Code: 631400 Project No.: - HM HOLE MONTES ENGINEERS· PlANNERS· SURVEYORS 950 Encore Way' Naples, Florida 341'0' Phof1e: 239254.2000 . Fax 239.254.2097 Agenda Item No. 16C12 June 28, 2005 Page 5 of 8 September 30, 2004 . J; -=- ~ c:. , . ç' ~ . !Ii ø - . - .. ~ Harry Huber Collier County Government Complex Public Engineering Department 3301 East Tamiami Trail, Bldg. "H" Naples, Florida 34112 Re: Professional Services Reuse Water N-S Interconnect 8M File No. 2002.025 VIA FAX: 530.5378 Dear Harry: The professional services for design and construction of the Reuse Water N-S Interconnect project are being performed under time-and-expense budgets. The design and bidding for this project have been completed, and all that remains to be accomplished is the construction. The original budget for construction services was prepared over 2 years ago. Due to additional design requested by Collier County and a subsequent transfer of funds ftom construction to design, there is only $29,670 available in the project budget at this time for construction services. Collier County requires full-time construction inspection during the installation of any pipelines. We estimate, based on experience with similar projects, that three months of inspection and four months of contract administration will be required to complete this project. Our estimated budget for construction services, including full-time inspection of the pipeline installation is $61,700 as shown in the attached fee proposal. A Change Order for the difference of available to needed funds, or $32,030 is requested. If you have any questions, please give me a caU. Very truly yours, HOLE MONTES, INC. Ronald E. Benson, Jr., PhD, P.E. Senior Vice President/Principal MRC:nbj cc: Clifford Pepper, P.E. Michael Clough, P.E. W:\2002\200202S\A.proj mgmt\040929.HH-It.doc Naples' Fort Myers' Venice ^..^'.........- Date: June 9,2005 To Steve: E-Mailed To Bonnie: Project Name: Radio RdlDavid Blvd 16" Reclaimed Water Main Project Number: 74035 BID/RFP #: 00-3119 Mod #: 2 PO#: 204373 Work Order Number: HM-FT-02-01 Contractor/Consultant: Hole Montes, Inc. Original Contract Amount: S_104,690.00 (Starting Point) Current BCC Approved Amount: $_104,690.00 (Last Total Amount Approved by the BCC) Current Contract Amount: $_104,690.00 (Including All Changes Prior To This Modification) Change Amount: $ 32,030.00 Revised ContractJWork Order Amount: $ 136,720.00 (Including This Change Order) Cumulative Dollar Value of Changes to this ContractIWork Order: $_32,030.00 Percentage Of The Change OverlUnder Current Contract Amount: _30.6 % Overview of change: Add full time inspection services and reinstate funds for construction services previously reallocated to design services and extend the contract time to complete construction. Coo"",,, """u"'::f m If¿) ~""" ~S- Steve's Acknowledgeme t: ~ Date: ~..,. Scanned Date: 6/1 /)1 tJ ö- , ( Data Entry Infonnation: Type of Change: Work Order Project Manager: Harry Huber Department: PUED Scanned copies of the back up documentation may be located on the Purchasing G drive: G:/Current-Changes to Contracts G:/ Current - Changes to Work Orders Revised 4/25/2005 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16C12 June 28,2005 Page 7 of 8 1 PROJECT NAME: Radio Roed I Davie Blvd.. 18" Reclaimed Water Main PROJECT #: 74035 BIDIRFP II: 00-3119 MOD #: DEPARTMENT: PUED 2 PO': 204373 WORK ORDER II: HM-FT -02-01 Original Contract Amount: $104.690.00 (StIrtiDa Point) Current BCe Approved Amount: $104.690.00 (LIlt Total Amount Approved. by tbe BCC) Current Contraet Amount: 1104.690.00 (lncIw1iD, AU Cbm¡eS Prior To 1biJ Modification) Revised ContraetJWork Order Amount: ~2.ß30.oo $136.720.00 (IJIcludlna 1bi1 Chan¡e 0nIer) Cumulative DoUar Vlllue of CbanpII to this ContraetlWork Order: $32.030.00 Change Amount: Date of Last Bce Approval ?-12-02 Agenda Item # 16(C\8 Percentage of the change over/under current contract amount 1).8 % Formula: (Current Amount /Last BeC approved amount)-1 Results and Actions: If the change exceeds 100k BCC approval Is required; under 10% reported to Bee on Purchasing report. For specific Information regarding wort< order thresholds. please refer to the Contract Administration procedures. Section III.C.4. CURRENT COMPL.ETION DATE (S):ORIGINAL: 11..ß-02 CURRENT: 7-31'()5 PARTIES CONTACTED REGARDING THI! CHANGE: Desian Professional & Director of Public Utilities Enalneerina Deoartment -IMPLEMENTATION STEPS (Verify each before proceeding with changa uBlng Y, N or N/A) .::L Proposed change Is consistent with the scope of the existing agreement ..L Proposed change Is in fact an addition or deletion to the existing scope .::L Change Is being implemented In a manner consistent with the existing agreement ..::L The appropriate parties have been consulted regarding the change .::L Proposed prices. fees and costs set forth In the change are reasonable _to PROJECT MANAGER RECOMMENDATION: 1'111. form I. to be elgned and dated. APPROVE BY: ~_IJ ¢. ~Jl..J ,::;,.. JI..."y h'1IfH¡...Date: June 9. 2005 proje ana er / ð I REVIEWED BY: Date: (e -, / oS- , . C Revised 4/25/2005 Agenda Item No. 16C12 June 28. 2005 Page 8 of 8 EVENT COST Qtr2 Land Acquisition $1,000 Design/Permit $75,125 Construction Sae1.226 Inspection "1,117 Project Total '1,0211,081 Recommended Action: Recommendation to approve a change order in the amount of $32,030.00 to Work Order # HM-FT-02-01 with Hole Montes, Inc. for professional engineering services related to installation of a 16-inch reclaimed water system interconnect from Radio Road to Davis Boulevard, Project Number 74035. Agenda Item No. 16C13 June 28, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to award Bid Number 05-3839 to AAA Generator & Pump, Incorporated for the purchase and delivery of four (4) generators by the Wastewater Department in the amount of $196,765 and approve a budget amendment to transfer $196,765 from Reserves to Project 73958, Purchase Generators for Lift Station Reliability . OBJECTIVE: That the Board of County Commissioners, Ex-Officio the Governing Board of Collier County Water-Sewer District award Bid Number 05-3839 to AAA Generator & Pump, Incorporated for the purchase of four (4) generators and approve a budget amendment to transfer $196,765 from Reserves to Project 73958. CONSIDERATIONS: .-' 1. The Wastewater Collections system encompasses 683 lift stations. Of the total 683 stations in the collection system, only the 19 Master Stations have back up generators. During the 2004 hurricane season, the Wastewater Collections Department rented 25 generators to maintain collection system reliability. Wastewater Collections needs to have generators available for lift station outages to maintain collection system reliability and prevent sanitary sewer overflows during inclement weather events. During inclement weather events, generators available for rent become a scarce commodity. Project 73958 was established for the purchase of generators, with purchases phased over a 5-year span. The generators will be trailer-mounted, and will be utilized at various lift stations during power outages. The generator specifications have been standardized to allow the generators to be utilized within the Public Utilities Division and possibly other applications as needed. 2. Bid #05-3839 was posted on April 29, 2005. Two hundred and forty nine (249) inquiries were sent and two (2) bids were received. The bid package specifically pre- qualified generators manufactured by Cummins-Onan, Caterpillar, Kohler and Generac. The apparent low bidder, Godwin Pumps, was considered non-responsive because they proposed to supply generators manufactured by a manufacturer not on the pre-qualified list provided in the bid package and they do not have a permanent service facility in the Lee-Collier County area. Staff reviewed the remaining bids received and d~terminJ;.~_d-.that AAð. Generator ~:e.1J.ITlP-,--lm:,-j~ the lowest priced, qualified and responsive bidder. 3. The award amount will allow for the purchase of four generators. Funds need to be transferred from Reserve for Contingencies to Project 73958. FISCAL IMPACT: The fiscal impact of the award of this bid is in the amount of $196,765 for the purchase of four generators, but will depend on the total number of generators purchased within the next five years. Funds are available in the same Fund, - Agenda Item No, 16C13 June 28, 2005 Page 2 of 4 414, Reserve for Contingencies, in the amount of $196,765. Fund 414 is funded by user fees. GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with the Executive Summary. RECOMMENDATION: It is recommended that the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, award Bid Number 05-3839 to AAA Generator & Pump, Inc. for the purchase of four (4) generators in the amount of $196,765.00 and approve a budget amendment to transfer $196,765 from Reserve for Contingencies to Project 73958. PREPARED BY: Marisa Garcia, Wastewater Operations Analyst. - ;""'"'"' Agenda Itern No 16C13 June 26. 2005 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Mletlng Dati 16C13 Recommendation to award Bid Number 05 ·3839 te AAA Generator & Pump, Incorporated for the purchase and delivery o11out (4) generators by the Wastewater Department il1 the amount of $196.765 and approve ëI budget amendment to tr.I1sfer $196.765 trDm Reserves to Project 73958, Purchase'. Generators for Lift Station Reliability. 612812005 9:DDDD AM Item Numb.r Kem Summary Preplred By D;rtfl Mari$a Gilfl~ia OperatiunR A"i.IYJI;f .1312005 "'04'32 AM Public: Utilltiea Wøat.Water Approved By Steøum L. Nlln~ Warotl!lwat.er Collections; M..nollllJlllr Oal. Public Utilihei WlisteW.t.r 6/6/200612:53 PM Approved By Mike Hauer Acquisition Manager Dot. Admintatrllttvl! Sttl'\licfI$ Purchullì"9 il7t20D5 12:51 PM Approved By Thomu Wlt'lea. OperatiDns. DirectDr Oate Publk= U1¡lItin Public Utilities Opera1ions 61712005 1,53 PM Approved By Steve C.amell Purchning/General SVçl! Director o.'e Administrative Servìcu Purcha¡;ing 6./8/200$ 8:56 AM Approved By J1In\'tll W. DeL(lrty Putllic Utllltlc!$ Adminh..hatQr Oliff! Publiç Utllitiea. Public Utilities Admlnistr;¡tion 618/2005 12:U PM Approved By OMS Coordinator Administrative Auistant Om" C(1U1lty Mnn<lonr'.. OUi,:" onÍlm f}f Ma".a9It1nutllt " BlIdllf~1 ß./1DJ2006 2:20 PM Approved By SUl$riln Usher Senior Management/Budget Analy-gt Dllier County Man_gar's Ot1k.., Office ot MOl\lIIgmnCll\t & B\.Idg4lt 6(17120052:24 PM Approved By Mil:huol Smyk;owskl MnnllUfllmmt" Budget Director D"tf~ County MII".glllr's Office OfficI!! af Manogl!1nent & Budget 6/20/200510:07 AM Approved By James V. Mudfl County Mltl\l1gltr Dp:'e Board ot Cout'ty Commlssiol1l!'l'!'J County Manager'a. Otfic~ e.n0/200S 11:'-5 AM --.- ~:g!'IT."ß ~~ ,~ ..... ( ) COIU ON ( ) Z ( ) a::: E§'8:2 Æ""Z CD ro "'0 c: ( ) OJ « ( ) .... o ro .... ( ) c: ( ) C.9 - o N ( ) ( ) ro .r; U :s :E a.. 0'1 C") CO C") I LO o ï..: ( ) OJ( ) ro .... c: ( ) m; :EC/) ü E ( ) 0 'õ'1- .... a.. .... LO 0 ( ) B C'! ~ ~ e! ..... LO ~ ~ 0'1 U) ( ) ..... ,... ro :E ro ::!; c: 0'1 U) 0 ..... >- Z 0 ( ) ~ 0'1 N IJ.. Z C.9 ..... ..... I 0 I C") ~ ..... ~ - ( ) ~ ~ Z ~ 0 0 0 ~ ~ E a.ri 0 ( ) N 0 2 ro ::s ~ 0 a.. ,... 0'1 ~ èi5 ::!; C\Ï å >- Z 0 c: C") C") ~ c: C") Z '§ ..... 0 - ~ ( ) "'0 Z 0 C.9 ~ ~ iú iú U U 'L: '§. C. - ro '2: :§ ::s "'0 ( ) .r; U f ro == 0 « - I!! c: ( ) ,Q c: ('0, c: CD ro ,Q ('0. "'0 ro C ~ .... CD U ~ ( ) ( ) .... C) ro 0 c: .r; ::s 0 ....J !E ,Q U u c: .... ro c: ,Q 0 .... "t:! U - == ~ C1I c: ( ) C1I « .r; U ,- LO CD :g. "'0 ra c. ( ) 0 E 0 III c: C/) ¡¡:: ( ) E ..., ( ) '(3 .... 0 IV ( ) c: .... "t:! ( ) .r; ïii E ( ) I.~ 0 ( ) ( ) I > iñ Ig :¡:¡ l- . U .... U ra ro > ë N .. Z ~ C/) ë¡:¡ ( ) ~ 0 .f: 'S; ë ~ ,~ 1; Q. ro ~ - E ( ) ( ) U ( ) L: .... ( ) 0 0 0 E a::: « ra en ( ) E "13 .::: c: ( ) - >- ~ ..., CO? ( ) i= C1I ( ) ( ) 0 C1I E I iú 00 IJ.. 'Q. c: - a.. CO? C.9 ~ ,Q ( ) ::s ëii ( ) ro , ~ ( ) 0 ::J Õ. "t:! C1I ( ) II) U u ro c: .r; ( ) 0 0 E ( ) ~ .~ '~ ~ 'S; 0" ~.5 ( )"t:! ã:i 0 "t:! ::s ã5 0 ( ) ( ) ( ) .... "t:! ::s ~ 0 CO 0 C/) I- 0 - a.. « a. Agenda Item No. 16C14 June 28, 2005 Page 1 of 14 EXECUTIVE SUMMARY Rec:ommendation to approve; an Interlocal Agreement between Collier County Water Sewer District and the School Board of Collier County for the re-routing of the Lely High School Force Main, an Amendment to Work Order HM-FI'-04-01, Contract 00- 3119 with Hole Montes in the amount of $42,400, and a budget amendment in the amount of $398,000 for the SCWRF Reliability Improvements Project, 72508. OBJECTIVE: To provide a reliable and safe wastewater collection system from Lely High School. CONSIDERATION: The South County Water Reclamation Facility (SCWRF) Reliability Improvements project consists of miscellaneous projects related to reliability of the facility. This project is to provide direct measurement of the wastewater flow from Lely High School as it enters the 1reatment facility. The measurement of this flow is required for regulatory compliance. It was detennined based on discussions with the School Board that the Lely High School Force Main is sub-standard and requires replacement. The force main is located within an easement close to a canal and poses an environmental and health risk each time there is a break. The force main will be re-routed to an existing sewer system, and an existing County pwnp station will be upgraded. The existing force main will be abandoned. ,,""'-"" The School Board approved, and the Chairman signed, an Interlocal Agreement on May 19, 2005 (see attached agreement). The School Board agrees to pay Collier County an amount of $278,000 for estimated construction costs to install a new force main and abandon the existing force main. All other costs including consulting fees, design fees, permit fees, and construction fees in excess of $278,000 will be paid for by Collier County. Hole Montes is requesting additional funds for engineering setvices related to this project. Task 1 under Work Order HM-FT-04-01, Con1ract #00-3119, was issued to Hole Montes in the amount of $28,794 for this work. Hole Montes is requesting an amendment to their work order for an additional $42,400 (work order and proposal attached) to provide setvices, on a time and material basis, to complete the design, permitting, bidding, con1ract adminis1ration and site obsetvation based on the changes related to the option chosen. Task I Task II Work Order Total LHS Force Main Process Monitoring Original Agreement $28,794 18,743 $47,537 Amount Amendment 1 0 $11,817 $11,817 Amendment 2 $42,400 0 $42,400 (proposed) Total $71,194 $30,560 $101,754 As a note, the work related to the SCWRF Process Monitoring Equipment is being perfonned under Task II of this work order. This current budget amendment is required to complete the work related to the Lely High School Force Main. ,- Agenda Item No. 16C14 June 28, 2005 Executive Swmnary Page 2 of 14 SCWRF Reliability Improvements Page 2 The construction portion of this project will be acquired by solicitations for Requests for Quotations from the Underground Utility Contractors under County Contract 04-3535. The estimated construction start date is December 2005. In order to facilitate the construction of the replacement force main, a Temporary Construction Easement is required from the School Board to the County. The School Board is agreeable to conveying the Temporary Construction Easement within sixty (60) days of the County's request and for no monetary compensation. The County will be responsible for the cost of preparing the legal description and sketch, and the recording of the Temporary Construction Easement. FISCAL IMPACT: A budget amendment is needed to recognize; unanticipated revenues generated from this agreement with the School Board and increase project appropriations in the amount of $278,000, decrease project 725081, Take Package Plants Offline by $120,000 and to increase the expense budget by $398,000 in the SCWRF Reliability Improvements project 725081. The budget amendment of $398,000 includes the $278,000 in estimated construction costs, $42,400 in increased engineering costs, pennitting fees, other miscellaneous services and contingencies. Source of funds is User Fees (Fund 414) and a con1ribution from the School Board. GROWTH MANAGEMENT IMP ACT: The project is included in and consistent with the 2003 Wastewater Master Plan Update as adopted by the Board on May 25, 2004, Agenda Item lOCo RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District: 1. Approve an Interlocal Agreement between Collier County Water Sewer District and Collier County School Board. 2. Approve the necessary Budget Amendment. 3. Approve and authorize the Public Utilities Administrator to execute Amendment 2 to Contract 00-3119, Work Order HM-FT -04-01 with Hole Montes, Inc. 4. Accept the Temporary Construction Easement once it has been reviewed and approved by the County Attorney's Office and Public Utilities Engineering Department and direct staff to record same in the Public Records of Collier County, Florida. PREPARED BY: Alicia Abbott, Public Utilities Engineering Project Manager "......-. Agenda Item No 16C14 June 28, 2005 Page 3 of 14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Moetlng DIIO 16C14 Recommendation to approve, an lt1terlocai Agreeml!lnt between Collier County Wat~r Sewer Distnct al,d the School Board of Collier County for the re~routing of the Lely High School Force Main. an Amendment to Work Order HM-FT-04·0i, Contract OO~3119 with Hole Montes in the amount of $42.400, and ø budget amendment in the amount of $396.000 for the SCWRF Reliability !mprovements Project 7250S 6/28/20059:00:00 AM Item Numb.r Item Sum miry Approved By Steph." L Navy Wastewater Collection' Manager Da.. Public. UtHitieG W,,1OteWrrtllf 6f112006 11 :30 AM Approved By WiWum D. MulUlI, PE Principal I Pmjeçt Mu"_ger Døtlt Public Utd\tìos. Pub)jc UllhUe& EnoinClerinog 6171200512:21 PM Approved By Roy B. Anderson, P.E. Publíc Utiiitíes E"9ineering Director Oat" Public Utilities Public Utilities Engineering 01712005 5:27 PM Approved By ThDmas Wide.. Open¡ticmIJ. DirC1l;tor OI)1a Public Utilities. Public Utilltie$ Operation.. 6181200611:49 AM Approved By Steve Camel! PurohasinQIGeneral S'IC'i Director Date. AdmínìtllrutivlII SUNI(:I!$I- ru,c:h.slng 6/1012000 1 :25 PM Approved By James. W. OeLony Public Utilities Adminl'ilrator Dat. Publjç Utilme.. Public Utiliti6S Adminivtration 6ltO/2005 6:00 PM Approved By OMS CO(lrdillldor AdrniniuflatlvfI A$Kistant D.t~ County "411"_ge,'s¡ Office Office of Managament & BudÇll!lt &(1312005 1 ::22 PM Approved By Sunn U.hClr SUflior M.anagémentf9udgrrt Anølyst Dalrr County Manager'~ Onic.e Office 01 M..na,ement & Budget. 6120120002:20 PM Approved By Mich...1 5nlykQw$kl Mana!Jf\mont & B~ld90t ()¡n,ct( r Dirt. C.ounty M )l'IuOllr's O'fiCt~ Ol'fïr.1~ I)f Mlllnlilglllmllnt" BUdlJllt 6/20n006 "':3& PM Approved By J.mn V. Mudd County Manager Pate Soard 0' County CommiS5ionl!r1ö county Man.ger's Office 6121/200510:27 AM - -.-.--.- - ('., Agenda Item No. 16C14 June 28, 2005 Page 4 of 14 INTERLOCAL AGREEMENT COLLIER COUNTY WATER-SEWER DISTRICT AND SCHOOL BOARD OF COLLIER COUNTY Lelv High School (and a future elementary school) into Naples Manor Wastewater SYstem. This Interlocal Agreement is entered into this I 9 .µ, day of Mat¡- ,2005, by and between the Collier County Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and as Ex-officio the Governing Board of the Collier County Water-Sewer District, (hereinafter referred to as "County") and the School Board of Collier County, Florida (hereinafter referred to as "School Board"), with County and School Board sometimes collectively referred to herein as the "Parties". WHEREAS, the Parties recognize their mutual obligation and responsibility for the health and welfare of residents in Collier County; and WHEREAS, County required that the wastewater system from Lely High School be modified to allow flow from the school to be measured by a flow meter. County consulted with School Board and determined that the subject wastewater force main is sub-standard and must be replaced. This force main runs within a utility easement geographically close to a canal. This wastewater line has experienced breaks and has been repaired by both County staff and School Board staff. This force main poses a health risk each time a line break occurs. A County consultant prepared options that were reviewed by County and School Board staff and the chosen option is to install piping to connect wastewater flows from Lely High School (and a future elementary school) into the Naples Manor wastewater system. The existing sub-standard force main shall be abandoned. This work will include upgrades to a County pump station to accommodate these additional wastewater flows; and WHEREAS, the Consultant estimates that the construction costs ("Costs") will be $278,000, which sum shall be advanced to County by School Board; and WHEREAS, these estimated (construction) Costs shall be adjusted to reflect those actual Costs (after those Costs have been quantified). If the actual Costs, when quantified, are less than the estimated (construction) Costs in the amount of $278,000, the difference between the estimated Costs and those actual Costs, if any, shall promptly be refunded by County to the School Board. Consulting Engineering fees covered by the Consultant's Agreement are not (construction) Costs. The County shall pay consulting fees, design fees, Agenda Item No. 16C14 June 28,2005 Page 5 of 14 permit fees, and other incidental fees associated with the subject force main Project, none of which are (construction) Costs in the context of this Agreement. WHEREAS, the County shall obtain the necessary pennits, bid and award the construction contract, and manage the construction, and pay construction Costs, if any, that exceeds the School Board's advanced $278,000. WHEREAS, the County and School Board agree that the ownership of the subject force main that shall be located on the School Board's real property shall be owned and be maintained by the School Board. The subject force main located outside of the School Board's real property shall be owned and shall be maintained by the County. WHEREAS, School Board shall convey the necessary Temporary Construction Easements to the County, at no cost, that are required for the completion of this Project. WHEREAS, School Board staff will review construction documents and provide input throughout design of the wastewater force main and pump station upgrade. School Board will provide assistance as requested until the project is completed and is acceptable to both parties. WITNESSETH NOW, THEREFORE, in consideration for the mutual covenants contained herein and such other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties mutually agree as follows: .L The above recitals are true and COITect and are incorporated herein as part of this agreement. 2. Necessity to install Force Main. The existing sub-standard Force Main will be abandonedin-placeasapartoftheconstruction. A new force main will be installed and connected into the Naples Manor wastewater system. Pumps and controls located at a pump station within Naples Manor must be (and will be) upgraded by means of this Project. 3. County to Facilitate Proiect. The County will at its cost and expense: Pay for the Agenda Item No. 16C14 June 28, 2005 Page 6 of 14 design of this Project, Pay the Consultant's fee, acquire all pennits and oversee construction of this Project, including upgrading the pump station, and pay that portion of the Costs, if any, that exceeds the School Board's advanced $278,000. 4. School Board shall advance $278,000 to County, which will be applied only toward (construction) Costs. The School Board shall not pay more than the $278,000 advanced to the County. 5. School Board shall grant the County, within sixty (60) days, of demand a temporary easement for a tenn of two years for pwposes of constructing the Project. This grant will be at no cost to the County, except that the County shall be responsible for any title work perfonned, the sketch and description of the temporary construction easement and recording fees. IN WITNESS WHEREOF, the parties hereto have affixed their signatures by their duly authorized representatives. ~_..._~..__.- --~-_...- !,,'¡::;', ATTEST: DATED: DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legal sufficiency: Thomas Palmer, Assistant County Attorney A TrEST: BY:~ Ravm nd . ....ØMI'. uperintendent sufficiency: Attorney for School Board Agenda Item No. 16C14 June 28,2005 Page 7 of 14 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS GOVERNING BODY OF COLLIER COUNTY, FLORIDA AND AS EX-OFFICIO THE GOVERNING BODY OF THE COLLIER COUNTY WATER-SEWER DISTRICT. By: FRED W. COYLE. Chainnan COLLIER COUNTY SCHOOL BOARD By:~j~/ Patricia Carroll. Chairman Date: ,-s;~~ ç-.. ,---- ----..-..- "'_'m __ .._._ ____._______.,._..._____.~_ HM HOLE MONTES ENGINEERS· PLANNERS· SURVEYORS 950 Encore Way· Naples. Florida 34110' Phone: 239.254.2000' Fax: 239.254.2097 Agenda Item No. 16C14 June 28, 2005 Page 8 of 14 May 20. 2005 .. o (J1 Ms. Alicia Abbott Collier County Government Complex Public Utilities Engineering Deparbnent 3301 East Tamiami Trail. Bldg. "H" Naples. Florida 34112 x :<-- -< h) ::::> ,-- r . ...- RE: PROPOSAL FOR PROFESSIONAL ENGINEERING SERVICES FLOW MEASUREMENT OF LEL Y HIGH SCHOOL FORCE MAIN SOUTH COUNTY WATER RECLAMATION FACILITY HM File No.: 8200A Via CBurieP l.,..,1 U1 N Dear Alicia: Hole Montes is pleased to submit this proposal for final design and construction services associated with flow measurement of the Lely High School force main A description of these services is provided below. A spreadsheet showing the estimated work-hour budgets for each task is enclosed. The following services represent a significant change in the scope of work from the original Work Order HM-FT -04-01. The work order provided for installation of a flow meter in the force main ftom Lely High School at the South County WRF. As our investigation has progressed. the County and the School Board staff have decided to abandon the existing force main iTom Lely High School and re-route the flow into an existing sewer system. The new route will require an upgrade to a County's pump station. Description of Services At the County's request. Hole Montes prepared various technical memoranda including the final memo dated February 18, 2005 outlining various options to measure the flow in the force main from Lely High School. During a meeting with School Board staffand PUB staff on March 23. 2005, the County selected Option 3. This option includes installing approximately 900 feet of new six-inch force main from the high school pump station to Pump Station 300.18 located in Naples Manor. Additionally. the existing pumps and control panel at Pump Station 300.18 will be upgraded as noted in the February 18Ui memo. At the request of the School Board and PUE. a tee will be installed in the six-inch force main and approximately 1,100 feet of four-inch force main will be installed along the western property line from this tee to the southern property line of the high school. The four-inch force main will be capped to provide service ftom a future pump station located at the planned elementary school adjacent to this property. Naples' Fort Myers' Venice Ms. Alicia Abbott Collier County PUED HM File 2001.102 May 20, 2005 Page 2 Agenda Item No. 16C14 June 28, 2005 Page 9 of 14 This task includes preparing construction documents, based on Option 3 as described in the February technical memorandum, for bidding by contractors. It also includes bidding services associated with award of the construction contract. Contract administration, site observation and preparation of record drawings are also included. Understand.ne: of Professional Services · The tasks will be invoiced based on payment for time and expenses. · The existing force main from the high school to the SCWRF will be flushed and abandoned in place and plugs will be installed at each end. · The proposal is based upon construction being perfonned under one contract with an expected duration not to exceed three months. · Site inspection is included, but the budget for field inspection is limited to 240 work-hours. · Field survey budget is based on staking the high school property line as necessary for the proposed four-inch force main and identifying surface conditions between the school property and Pump Station 300.18. · The proposal is based on the School Board providing record drawing infonnation showing the location of all existing underground facilities. · The County will mange for the bid advertising, distribution of bid documents and the bid opening. · We have excluded the following activities and costs from the budget: (a) any permitting application costs, (b) investigation or management of hazardous materials and historical artifacts, (c) landscaping and irrigation, (d) geotechnical investigation and engineering. · Record drawings will be provided as specifically noted and will be prepared based solely upon as-built information provided by the contractor. Fee Pronosal The professional services associated with these facility improvements shall be perfonned on a time and expense basis. The maximum fee for design and construction services is estimated to be $69,200. Please refer to the enclosed fee proposals for a complete breakdown of anticipated costs. The total-mnaining-funds- left in the original-Work Order HM-FT-04-01 (purchase Order 4500023660) is approximately $26,800. Accordingly, a change order or supplement to the original Work Order is needed in the amount of $42,400. We look fotward to working closely with Collier County to provide a successful project and a cost-effective improvement for both the South County Water Reclamation Facility and the School Board. If you have any questions about this proposal, please give Ron Benson or me a call at your convenience. ,_ H:\8200\A.Marketing\HCP\ WP\Collier County\200S0S20-aa-SCWRF-F1owMcu-LelyHS-AddScrvices.doc: ---~..- _.~----_.----- .~.""---"'''.. Ms. Alicia Abbott Collier County PUED HM File 2001.102 May 20, 2005 Page 3 Agenda Item No. 16C14 lune 28, 2005 Page 10 of 14 Thank you for this opportunity to be of service to Collier County. Sincerely yours, HCP:llk Enclosure cc: Alvah Hardy, School Board Michael Kirk, School Board Ron Benson, Hole Montes Sonia Iszler, Hole Montes --- -_._.._.~-_._-- ----.~~..... --~_._-_.- H:\8200\A-Marketíng\HCP\WP\Collicr County\200SOS20-aa-SCWRF-FlowMeu-LelyHS-AddServices.doc _._--~-----_.- Amendment 1 Agenda Item No. 16C14 June 28, 2005 Page 11 of 14 WORK ORDER # HM-FT-04·01 Agreement for Fixed Term UtlUties Engineering Services Contract #00·3119 Dated April 10, 2001 This Work Order is for professional engineering services for work known as: Project: Soutb County Water RedamaUon Facllltv - Rellabllitv ImDrovements The work is specified in the proposal dated May 20,200S, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order # HM-FT-04-0I is assigned to Hole Montes. Inc. Scooe of Work: Task I: Provide engineering services to design a system tbat will provide flow measurement of the wastewater flow from Lely High School. Prepare tecbnical memorandum, construction documents, and services during construction. Revised per attached proposal. Task II: Provide engineering services to design the process equipment and systems needed to enhance operational control of the biological process in the aeration basins. Prepare technical memorandum, construction documents, and services during construction. Schedule of Work: Complete work within 12 months from receipt of the Notice to Proceed authorizing start of work. Comoensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated time and material sum amount indicated in the schedule below (if a task is time and material, so indicate and use the established hour1y rate(s) as enumerated in Schedule "A" of the Agreement). Task I Task II TOTAL FEE Qriginal $ 28,794 5 18.743 $ 47,537 Amendment I $28,794 530.560: 559,354 Amendment II $71,194 $30.560 $101,754 (Time & Materials) (Time & Materials) (Time & Materials) Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. PREPARED BY: ~().() ~ Alicia Abbott:PUED Project Manager ,,/::; IDS 'Dale REVIEWED BY: f¡Lt.. /,~-- atof Roy Anderson, PUED Director AUTHORIZED BY: N~ fCð J( Josepli B. Chea ham, Wastewater Director t- 7~5 Date APPROVED BY: James DeLony, P.E., Public Utilities Administrator Date -~-_._---- ACCEPTED BY: --~~~-:----- -~þ/oS Hole Montes. Inc. Name of Firm ATTEST: (Corporate Secret ry) By: ~ . Signature ,;' ~...-'.'" ~ . . #"," . :': ~,~ : ¡..: :.,....: ,- , #.. .., ,. ;.,-- --:' \~d.--_~~..j{ · c." c,",,, - ~- ~.' ~"'~,,~.:...,-,.' 263614 Object Code: 631400 Project Number:72S08 Date: Jtme 9, 2005 To Steve: E-Mailed To Bonnie: Project Name: SCWRF Reliability Improvements Project Number: 72508 BIDIRFP #: 00-3119 Mod#: 2 PO#: 4500023660 Work Order Number: HM-FT -Q4-0 1 Contractor/Consultant: Hole Montes Inc. Original Contract Amount: $_47,537.00 (Starting Point) Current BCC Approved Amount: $ (Last Total Amount Approved by the BCC) Current Contract Amount: $_59,354.00 (Including All Changes Prior To This Modification) Change Amount: $_42.400.00 Revised Contract/Work Order Amount: $ 101,754.00 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $_54,217.00 Percentage Of The Change OverfUnder Current Contract Amount: _71.43 % Overview of change: Expanded scope of services that will provide a reliable and safe wastewater system for Lely High School. Con"'" .",,101'''' rL... ÌYJ Y/)~ om r,¡ 9/fJÒ Steve'SACknOWledg~ .9 Date:~r Scanned Date: 6/Í D I (1 5 I I Data Entry Infonnation: Type of Change: Work Order Project Manager: Alicia Abbott Department: PUED Scanned copies of the back up documentation may be located on the Purchasing G drive; G;ICurrent-Changes 10 Comracts G;I Current - Changes to Work Orders Revised 4/25/2005 --~-_.__.__._- CONTRACT~ORKORDERMomRCA~ON CHECKUST FORM Agenda Item No. 16C14 June 28, 2005 Page 13 of 14 PROJECT NAME: SCWRF Reliability ImDmvementa BIDlRFP I: OD-3119 MOD': 2 POI: 4500023180 WORK ORDER I: HM-FT..04-01 DEPARTMENT: public Utllltlee Enalneerina PROJECT #: 72508 0rIIhW Contraet Amount: $ 47.537 (StartiDr Point) Current BCC Approved Amount: $ (Laat Total Amount Approved by the Bee) Current Contnct Amount: $ 0.354 (IDcludiDs All ChangeS Prior To This Modification) CbaDge Amount: $ 42.400 Reviled ContractIWork Order Amount: $ 101.754 (IDcluding 1biI CwJ¡e Order) Cumulative DoUar Value of Cbaqa to this ContraetIWork Order: $ 54.217 Date of Last BCC Approval Agenda Item # Percentage or the change over/under current contract amount 71.43% Formula: (Current Amount I Last ace approved amount)-1 Results and Actions: If the change exceeds 10% BeO approval Is required; under 10% reported to BOO on Purchasing report. For specific Infonnatlon regarding work order thresholds, please refer to the Contract Administration Procedures, Section 111.0.4. CURRENT COMPLETION DATE (S):ORIGINAL: October 15. 2005 CURRENT: October 15. 2006 SUMMARY OF PROPOSED CHANGE (8): Identify the changea. Additional Services related to the LelY Hlah School Force Main DOrtlon of the Drolect (DreDo.1 attached), JUSTIFICATION FOR CHANGE (S): ~:\.::: o~:em do these chanaes Drovlde to the Drol8Ot1 :¡:::;:a sea:: of ..rvlcH determl r h I union with the School Board that will oroylde a net wastewater system from LelY Hlah Sohool. PARnES CONTACTED REGARDING THE CHANGE¡ Stave Naav (tor Joe Cheatham), Bill Mullin. Roy Anderson. IMPLEMENTATION STEPS (Verify _ch before proceec:llng with change using Y, N or NlA) ><- Proposed change is consistent with the scope of the existing agreement ><- Proposed change is in fact an addition or deletion to the existing scope X_ Change Is being Implemented In a manner oonststent with the existing agreement X_ The appropriate parties have been consulted regarding the change ><- Proposed prices, fees and costs set forth In the change are reasonable PROJECT MANAAER.AEÇOM~: this form Is to be .I!~~dated. APPROVEBY:~),.~Ln.. ~ Date: <t REVlEWEDB:~oject nage~ Wpn{J Date: b/~/OS Cont eclalÍšt Revised 4nS/200S _.__....._.._-~,--_.--_...- . Agenda Item No. 16C14 June 28,2005 Page 14 of 14 Project Name: Qtr1 Qtr2 Qtr3, Qtr4' Qtr1. Qtr2rQtr4:Qtr1 Qtr2;Qtr3 Qtr4.Qtr1, Qtr2 'Qtr3 Qtr4' Qtr1 'Qtr2 Qtr3 ' Qtr4 EVENT Coat Design/Permit/ uo,OOO Bidding Construction $211.000 Construction $eo,ooo Services Project Tote I $378,000 Recommended Action: Recommendation to approve; an Interlocal Agreement between Collier County Water Sewer District and the School Board of Collier County for the re-routing of the Lely High School Force Main, an Amendment to Work Order HM-Ff-04-01, Contract 00-3119 with Hole Montes in the amount of $42,400, and a budget amendment in the amount of $ 100,000 for the SCWRF Reliability Improvements Pro.iect, 72508. Agenda Item No. 16C15 June 28, 2005 Page 1 of 9 EXECUTIVE SUMMARY Recommendation to approve the necessary Budget Amendment and authorize the Public Utilities Engineering Director to execute Work Order MPI-FT-05-03 for project management assistance and oversight in an amount not to exceed $85,000 during upgrades and modifications to the Lime Softening Water Treatment Plant Process at the South County Regional Water Treatment Plant, Project 700571. OBJECTIVE: The public purpose is to improve safety of plant personnel, ensure compliance, enhance operational efficiencies, improve reliability to the existing lime softening water treatment process, and increase distribution pump capacity at the South County Regional Water Treatment Plant (SCR WTP). The scope of this request will be to provide construction engineering management assistance and oversight for this complex project which includes refurbishing equipment within the existing Chemical Building, upgrading high service pumping equipment and electrical controls, adding chlorine ton-cylinder scales, and adding a containment curb around the odor control process. ,",'''''''h CONSIDERA TION: County staff has entered into multiple equipment supply and construction contracts totaling nearly $4,000,000 for upgrades and modifications to the lime softening plant processes at the SCRWTP. The contracts were approved by the Board on March 8,2005, Agenda Item 10F. It is critical to sequence the delivery, proper storage and installation of this equipment during the window between completion of the 8.0 MGD RO plant and the 12.0 MGD RO expansion currently under design. The tight schedule coupled with multiple equipment supply sources and construction contracts make coordination of the project paramount to prevent delays and control budget. Numerous tasks of this project must be completed prior to 2006 peak season demands and all work must be substantially completed prior to construction start on the 12.0 MGD RO expansion. Staff has recommended that Malcolm Pirnie, Inc. provide project management assistance and oversight for the numerous upgrades and modifications included in this project. Malcolm Pirnie, Inc. is under County Contract 00-3119, Professional Utility Engineering Services, is familiar with the SCRWTP facility and has been performing similar oversight services during completion of the SCR WTP 8.0 MGD RO plant. The fees for this project management assistance service are not to exceed an amount of$85,000 for Project 700571. Project 700571 current has no funds in the FY05 budget for this additional project assistance. A Budget Amendment is needed to transfer funds in the amount of $85,000 trom Project 700954, SCRWTP Rehabilitation, which is a Water Capital project (Fund 412 User Fees). Project 700571, Facility Renewal and Replacement is consistent with the 2003 Update to the Water Master Plan as adopted by the Board on May 25, 2004 as Agenda Item 1 ° D. On March 8, 2005, the Board authorized the purchase of long-lead-time equipment, approved the award of Contract #05-3743 for the General Contractor and of Bid #05-3738 for the purchase of needed valves in the total amount of$3,943,270. ,- The Clerk of Courts, Finance Department, has reviewed the information contained in this Executive Summary and the corresponding attachments. Agenda Item No, 16C15 June 28, 2005 Executive Summary Page 2 of 9 SCRWTP Upgrades & Modifications - Project Management Assistance, Malcolm Pirnie Page 2 of2 FISCAL IMPACT: A Budget Amendment is needed to transfer funds in the amount of $85,000 trom Project 700954, SCR WTP Rehabilitation, which is another Water Capital project (Fund 412 User Fees). GROWTH MANAGEMENT IMPACT: This project has no impact on the Growth Management Plan. RECOMMENDATION: Staff recommends that the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District: 1. Approve the necessary Budget Amendment to transfer funds trom Project 700954, SCRWTP Rehabilitation, in the amount of $85,000 to Project 700571 for project management assistance and oversight for upgrades and modifications at the SCR WTP. 2. Approve and authorize the Public Utilities Engineering Director to execute Work Order MPI-FT-05-03 in an amount not to exceed of $85,000 with Malcolm Pirnie, Inc. for project management assistance and oversight for upgrades and modifications to the Lime Softening Water Treatment Plant Process at the South County Regional Water Treatment Plant, Project 700571, in the amount of $85,000, following County Attorney review and approval as to form and legal sufficiency. PREPARED BY: Karen B. Guliani, P.E. Public Utilities Engineering, Principal Project Manager '- Agenda item No 16C15 JunE 28, 2005 Page 3 oj 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Su mmary 16C15 Meeting Date Recommendation ID approve the necessary Budget Amendment and authorize the Public Uttiities Engmeerlng Direc.tor to execute Work Order MPI·FT -D5-03 for prO!ec1 management assistance and oversight in an amDunf nollo exceed $85.000 during upgrades and modifications to 1he lime Softening Water Trea1ment Piant Process at the South County HegiQnsi Water Treatment Plant, Project 70(j571 6/28i2005 9:00'00 AM Approved By Pall I Mattaus.ch Water Director 03te Public Utili!:1ef¡ Witter Gf1I2005 11 :45 AM Approved By Thomas Wides Oper;!lti<!rI$ Dimdot D;¡¡t£~ Public Utilitlej; Publjc Utilities. OþemtiDn.~ 6171200$ 4:37 PM Approved By Roy 8. Anderson, P.E. Public Utilities Engineering Director O'lte Public Utilities Public UUJities Engineerìng &/7/20055:26 PM Approved By L ytl WDod Pun;has.inn Agent Datf! Administrative Services Purchasing &iß12005 g:36 AM Approved By Stt'V'i:' Carnell Purchasing/General Svc. Director Oat. A.d"1inin.trative Snrvit;;p-t> Put(:ha.OÇ.i"~J 618/2005 '10:11 AM ApPI·oved By James. W. DeLol1Y Public Utilities Administrator Date Public Utilities Public Utiliti'i:'s Administration 618/200512:46 PM Approved B)· OMB Coordi'Mtor Admini1.trative A:òsistant D..tI~ County M.tn3ger's Offic.e Office at Management & Budget 6/10/20052;23 PM Approved By S~I'Utn U<¡h(!r Srmior M.anillgem&ntIBudgi!!t Analyst DatI? County Manager's Office Office of Management & Budye:t 611.4./20058:28 AM Approved By Mit:hali'l S01ykowski Managemcnt & Budget Director Om. County Matlilnur'!! Offic ~ Offil:e of MóÔll'lagt!nltmt & Budg.~f 6,120l2005 5:09 PM Approved By James V. Mudd County Manager Date Bo.ud of County Contmis,o¡iotll?rs County Manager's Offic.e 6f21/2005 10:20 AM WORK ORDER # MPI-FT-05-03 Agreement for Fixed Term Utilities Engineering Services Contract #00-3119 Dated April 10,2001 This Work Order is for professional engineering services for work known as: SCRWTP Lime Softenine: Water Treatment Process Upe:rades and Modifications. Manae:ement Assistance and Oversie:ht. Agenda Item No. 16C15 June 28, 2005 Page 4 of 9 Proiect The work is specified in the proposal dated 09 Mav 2005, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order #MPI-FT -05-03 is assigned to Malcolm Pirnie, Inc. Scope of Work: Consultant will provide Project Management and Oversight (PMO) services to assist the County during the implementation, construction, commissioning and warranty monitoring of the planned improvements to the SCR WTP Lime Softening Upgrades and Modifications, Project #70057 I, generally in accordance with the following tasks: Task 1 - Project Management Task 2 - Cost Management Task 3 - Time Management Task 4 - Quality Management Task 5 - Contract Administration Task 6 - Safety Management Task 7 - Program Management Schedule of Work: This work order shall remain in effect until 31 December 2006, approximately one year after the scheduled completion of construction. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Consultant in accordance with the time and material rates in the schedule attached to the referenced proposal. Such fees will be subject to an adjustment equal to the preceding 12-month increase in the Consumer Price Index on 31 December 2005. Professional services will be deemed to be complete when total fees reach $85,000 unless additional funds are authorized in writing by the County. Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to the attached to the referenced proposal. PREPARED BY: Karen B. Guliani, P.E., Principal Project Manager Date APPROVED BY: Stephen Y. Carnell, Purchasing Director Date AUTHORIZED BY: Paul Mattausch, Water Director Date APPROVED BY: Roy B. Anderson, P.E., PUED Director Date Witnesses (2) ACCEPTED BY: Malcolm Pirnie, Inc Date: By: Signature Approved as to Form and Legal Sufficiency: Assistant County Attorney Fund: 4\2 Cost Center: 273512 Object Code: 763100 Project Number: 70057\ Agenda Item No. 16C15 June 28, 2005 Page 5 of 9 ~ MALCOLM PIRNIE, INC. INDEPENDENT ENVIRONMENTAL ENGINEERS, SCIENTISTS & CONSULTANTS May 9, 2005 Karen Guliani, P.E., Principal Project Manager Public Utilities Division, Engineering Department 3301 E. Tamiami Trail, Building H Naples, FL 34112 . 0 <.T1 ~ ""- :po. -< c: r, . ~~2 0 - .. N N RE: South County Water Reclamation Facility Lime Softening Expansion Proposal for Project Management Assistance and Oversight Services Dear Ms. Guliani: Thank you for the opportunity to submit this proposal for professional services under Contract 00-3119. The services to be provided by Malcolm Pirnie under this proposal are for Project Management Assistance and Oversight of the County's suppliers, general contractors. supplier/installer and the Project Engineer for the referenced project. The goal of this assignment is: I. To represent the County's position in special and regularly scheduled and special project meetings. 2. To summarize the Project status to the Project Manager in routine briefings and summary reports. 3. To provide technical advice and administrative support during the construction of the Project. Services related to achieving these goals are generally defined in the following Scope of Work. In addition, other Project related tasks may be undertaken as directed by the Project Manager. Background The County has entered into multiple equipment supply and construction contracts totaling nearly $4,000,000 in accordance with County procurement policy and recommendations of the Project Engineer, CDM ("Engineer"). Installation of this equipment is essential for meeting the peak water supply demand season beginning January 2006. It is furthermore critical to sequence the delivery, proper storage and installation of equipment during the window between completion of the 8.0 MGD RO Plant and the 12.0 MGD RO Expansion under design by Hazen Sawyer. The tight 4315 METRO PARKWAY SUITE 520 FORT MYERS, FL 33916 239-332-1300 fax 239-332-1789 hllp:llwww.pirnie.com RECVCLED PAPER ~--_._.._,_.._-...~- ---- Agenda Item No. 16C15 June 28, 2005 Page 6 of 9 ~ Karen Guliani. P.E. May 9, 2005 Page 2 of 4 schedule coupled with multiple supply and construction contracts make coordination of this Project paramount to prevent delays and control the budget. Scope of Work Malcolm Pimie proposes to provide Project Management and Oversight (PMO) services in accordance with Contract #00-3119, to assist the County during the implementation, construction, and commissioning of the planned improvements to the SCRWTP Lime Softening Project #700571. Task 1. Project Management - Malcolm Pimie will attend periodic Project meetings with the Engineer and the Contractor. We will review plans related to equipment delivery and storage and provide the County Project Manager with a routine Project Status Update briefing and letter report. The briefing and report will highlight the current Project activities and summarize changes in the status of cost, time and quality. Malcolm Pirnie will prepare a DRAFT monthly Interim Project Report (IPR) identifying monthly progress and issues. Task 2. Cost Management - Malcolm Pirnie will review the overall financial progress for the Project at approximately 25%, 50% and 75% construction completion milestones including payment to and invoices ftom suppliers, contractors and professionals. Progress payments will be compared to the terms of the terms of appropriate purchase orders. We will review any requests or claims for additional compensation including Change Orders, and make a recommendation on them to the County. Task 3. Time Management - Malcolm Pimie will review the base project time line approved by the Engineer and updated periodically by the Contractor. We will analyze the project schedule and track progress for inclusion in the routine briefings reports and the monthly DRAFT IPR. Task 4. Quality Management - Malcolm Pirnie will provide periodic site visits to verify progress and quality reported by the Engineer. Site Record Drawings win be reviewed at approximately 25%,50% and 75% construction completions to verify they are being kept in accordance with the Contract Documents. Shop Drawing and RFI logs including response time will be reviewed periodically with results summarized in the routine briefing and report. Periodic site visits are for the purpose of verification of progress and do not imply any responsibility for the quality of the work or conformance with the contract documents. Any deficiencies noted during these periodic site visits will be reported to the Engineer for appropriate action. RECYCLED PAPER ----_.._~_._--- ------ --....--------- ~ Agenda Item No. 16C15 June 28, 2005 Page 7 of 9 Karen Gulian~ P.E. May 9, 2005 Page 3 of4 Task 5. Contract Administration - Malcolm Pirnie will review the contract documents related to material supply, construction and design services to assist the County with administration of the provisions of the work authorizations and assist the County in compliance with the County's responsibilities under said work authorizations. Task 6. Safety Management - Malcolm Pirnie will review the implementation and monitoring by the Contractor of construction related safety plans and submittals, policies, and activities in accordance with County Policy and the contract documents. Task 7. Program Management - Malcolm Pimie will attend periodic and special meetings intended to resolve conflicts, expedite and improve the efficiency of the project development process, commission the improvements and close-out the project, and coordinate critically linked or conflicting projects. We will work with the Project Delivery Team to continuously plan and execute the Project Delivery while focusing on fulfilling the Owner's scope, cost, quality and time requirements, and most importantly, expectations, for the Project. Malcolm Pirnie will provide other project related services as requested by the County. Schedule Construction activities are intended to begin in May, 2005 with start-up and commissioning complete in February, 2006. Construction and equipment supply warranty service assistance and other close-out activities may continue on an as-needed, on-call basis for up to one additional year following final completion of construction. Therefore, this Work Order will remain in effect until February, 2007. Fees: Malcolm Pirnie will provide the services described herein under the approved time and material provisions of Contract 00-3119 in accordance with the Collier County and Jll 'J _ Malcolm Pirnie Rate Schedule, Combined Revised Positions for 2004-2005. Mjaet te ~r fI,"f,þ6 C9øt afBttJmcs!J :'",djwøtAleRt (C~:\) eifeeti-¡e OMah. 1, J9QS. The estimated upset amount for this assignment is $85,000. Malcolm Pirnie will notify the County if, at any time during this Project, the estimated fees appear to be inadequate to complete the assignment, and will not proceed beyond the estimated upset unless authorized in writing by the County. AECVCLEO PAPER ___I _..._-~ Agenda Item No. 16C15 June 28, 2005 Page 8 of 9 ~ Karen Guliani, P .E. May 9, 2005 Page 4 of4 I look forward to the opportunity of working with you on this critical and challenging Project. Please contact me if you have any questions. Sincerely, Malcolm Pirnie, Inc. ~M.J-L- Robert H French, P .E. Senior Associate REcYCLED PAPER -- ~--- ---.--- Agenda Item No. 16C15 June 28, 2005 Page 9 of 9 Project Name: SCRWTP LS Upgrades & Mods- Project Management Assistance Capital Project No. 700571 FY05 2004 ---'--- 2005 EVENT Cost Qtr1 Qtr2 Qtr3 Qtr4.· Qtr1 .. Qtr2 .. Qtr3 . Qtr4 Qtr1· Qtr2 . Qtr3 Qtr4. Qtr1 . Qtr2 .. Qtr3 .. Qtr4. Qtr1 . Qtr2 Qtr3· Qtr4 land Acquisition NJA land Use / Zoning NJA Design/Permit $690,664 Procurement $1,831,995 Construction/ $1,923,500 + $187,776 Inspection (allowance) PM Assistance $85,000 Project Total $4.718,934 Recommended Action: Recommendation to approve the necessary Budget Amendment and authorize the Public Utilities Engineering Director to execute Work Order MPI-FT-05-03 for project management assistance and oversight in an amount not to exceed $85,000 during upgrades and modifications to the Lime Softening Water Treatment Plant Process at the South County Regional Water Treatment Plant, Project 700571. '.---...- ~._._~- Agenda Item No. 16C16 June 28, 2005 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to approve Work Order # UC-113 with Mitchell & Stark Construction Company, Inc. in the amount of $694,300.00 for construction of fire and irrigation water system improvements at Bay Colony Shores in Pelican Bay, Project Number 74023. OBJECTIVE: To obtain approval of Work Order # UC-113 authorizing construction of fITe and irrigation water system improvements at Bay Colony Shores in Pelican Bay. PUBLIC PURPOSE: The Pelican Bay Fire & Irrigation Water System Improvements project was established for the purpose of converting the fire protection system from reuse water to potable water. The intent of this project is to insure the long-term reliability of the Pelican Bay fire protection water system and to enhance the operational efficiency and reduce capital improvements needed for the Pelican Bay irrigation system. CONSIDERA TIONS: The preparation of construction plans and specifications has been completed for the site of Bay Colony Shores which is included in Phase 4 of the Pelican Bay Fire and Irrigation Water System Improvements project. This site involves the installation of 5,500 linear feet of new fire mains, 8 fire hydrants and 3 backflow prevention devices along with required testing and site restoration. Requests for proposals to perform this work were solicited from contractors under the annual contract for Underground Utility Contracting Services [Contract # 04-3535, approved by the Board of County Commissioners on March 9, 2004, agenda item 16(E)(6)]. A summary of the proposals received is as follows: · Contractor Mitchell & Stark Const. Co., Inc. Kyle Construction, Inc. Haskins, Inc. Amount $694,300.00 $749,500.00 $799,860.00 · · Based upon a review of the proposals by staff and the design professional, Focus Engineering, Inc. (letter attached), it is recommended that Work Order # UC-l 13 with Mitchell & Stark Construction Company, Inc. in the amount of $694,300.00 be approved for construction of Fire and Irrigation Water System Improvements at Bay Colony Shores in Pelican Bay. .-- FISCAL IMPACT: The cost of the construction associated with Work Order # UC-I13 is $694,300.00. Funding for this obligation is available in and is consistent with the FY05 Capital Budget adopted by the Board of County Commissioners on September 23,2004. Current appropriations are identified in the County Sewer Capital Projects Fund (414), Pelican Bay Fire & Irrigation Water System Improvements (Project Number 74023). The source of funds is Wastewater User Fees. Agenda Item No. 16C16 June 28, 2005 Page 2 of 7 GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. This project is consistent with the 2003 Wastewater Master Plan Update adopted by the Board of County Commissioners as Agenda Item 10 (C) on May 25, 2004. RECOMMENDATION: That the Board of County Commissioners, Ex-officio the governing board ofthe Collier County Water-Sewer District: 1. Approve Work Order # UC-II3 with Mitchell & Stark Construction Company, Inc. in the amount of $694,300.00 for construction of Fire and Irrigation Water System Improvements at Bay Colony Shores in Pelican Bay. 2. Authorize the Public Utilities Administrator to execute the Work Order after approval by the County Attorney's Office. PREPARED BY; Harry Huber, Senior Project Manager, Public Utilities Engineering Department Item Number Item Summary Meeting Date Approved By Roy B. Ande-rson, P.E. Public Utilitie~ Agenda Iten, No 16C16 June 28, 2005 Pßge 3 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C16 Recommendation tD approve Work Order # UC·113 wìth Mitchell & Slark Construction Company, Inc. in the amaw1t of $694,300.00 for construction of fire and irrigation water sy.s1em !tYlprovements a! Bay Colony Shores in Pelican Bay'. Project NLm1ber 74023 15/28/2005 9:DO.00 AM Public UtiUtif;!s Engineering Director c.,. Publir; Utilities Enginef'ríng Si7/200'; &:52 AM Dnte Approved By StHflfum L. N<I!JV Public Utilities Wu!.t(!watm Co ~c:ti()IJS Manil.,, ~r WasteWatE.'r 6!1{200S 11 :Z2 AM Daie Approved By Wilham D. Mullin, PE Public Utiliti,~!> Principal Proja'L1 Manage'r Puhli~ UtjUttm; Engilu~«!rìn!l 6,m2005 12:31 PM Dn. Approved By Thomas Widcs Public Utilities: Operations Direc.tor Public UtHitiE.'s Op~rations. 6/7120053:13 PM Date Approyed By Lyn Wood Administrative.' Servì<;e$ Purchasmg Agent Purclut'SinQ 6/8120054:04 PM Dote Approved B)' Stelle Camell Adrnín¡~trativ(!' Services Purch3s;lig/Gener.1II1 5vçs Director Purchasing 6iB/2D05 5:H PM Date Approved By Jamm¡ W. DeL<my Public Utiliti.s Puhlj<; Utiliti(~s Adrnitti!.hator Public U'tílitíes Adminìstration 6.1'9/2D05 1;12 PM Date Approved By OMB Coordinator County f'l"III¡~g(~r'5 on :I~ Adm~nistratì\'(! Assistant OffìCI! I)f Man¡cgr.n\(!tIf & 8ud~JI~t 6110/20052:35 PM Date Approved By Susan Usher Coun1y Mîtnagr.r's OfficI]- Senior Management/Budget Analysi orfice of Managcmeni & Budget &!14f·íZ005 9:04 AM D.att~ Approved By Mkh"u!l Smykowskj County Manag.e¡,r's attic£: MmlagmrHmt & Budget Dir('çtor Office at Manag(~ment & Budget Sì17/200511:53 AM 0.,. Approved By James V. Mudd 8ou_d nt County Commíssior.ers County Manager County Manõllgl!!r'.'Iõ Offi(:~ 6/1112005 ",:02 PM -~~¿ I"'~II~ n_~ --,-~..., ~J' ENGINEERING Agenda Item No. 16C16 June 28, 2005 Page 4 of 7 ~; ,-,··,·_,·,...·,.·cc:.';c.....'., ",~H__~flt1!':l''''='''''''~·''''''.A:WIIrt'I_ Change your focus and you change your world. May 31, 2005 Mr. Harry Huber, P.E. Senior Project Manager Public Utilities Engineering Department 3301 Tamiami Trail East, Bldg. H. Naples, Florida 24112 RE: WORK ORDER #UC-113 BAY COLONY SHORES Dear Mr. Huber: As requested, Focus Engineering, Inc. has reviewed the proposals submitted for the Fire and Irrigation Water System Improvements for the area titled Bay Colony Shores located in Pelican Bay. Based on their submission of the lowest bid and their past performance on similar projects within Pelican Bay, we recommend Mitchell & Stark Construction Company be awarded the contract for this project. Very truly yours, FOCUS ENGINEERING, INC. ~ ... ;¿ --1::9 c-- '~WOrth.P.E President RLF/kr 1342 COLONIAL BOULEVARD SUITE E-37 FT. MYERS, FL 33907 TEL. 239.275.1880 FAX 239.275.5617 CERTIFICATE OF AUTHORIZATIONN No. 00008309 Agenda Item No. 16C16 June 28, 2005 Page 5 of 7 WORK ORDER # UC -113 "UNDERGROUND UTILITY CONTRACTING SERVICES" Contract #04-3535, Dated March 9, 2004 This Work Order is for General Contractor's Services, subject to the terms and conditions of the Contract referenced above, for work known as: Project: Pelican Bay Fire & Irrigation Water System Improvements Site: Bay Colony Shores The work is specified in the proposal dated Mav 20. 2005 from Mitchell & Stark Construction Company, Inc. which is attached hereto and made part of this Work Order. In accordance with terms and conditions of the Agreement referenced above, Work Order # UC -113 is assigned to Mitchell & Stark Construction Company, Inc. Scope of Work: Perform services necessary to construct the improvements shown on the plans, including mobilization, maintenance of traffic, water and irrigation system improvements, chlorination and bacteriological tests and site restoration. Task I: Water and Irrigation System Improvements Schedule of Work: Complete within 120 Calendar days. Compensation: In accordance with Item 4 of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount provided in the schedule below. Task I: $694,300.00 Total Fee: $694,300.00 Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order as enumerated in Exhibit 0 of the Agreement. '..~,----~ Agenda Item No. 16C16 June 28, 2005 Page 6 of 7 Work Order # UC-113 Page 2 PREPARED BY: Date Harry Huber, Senior Project Manager Public Utilities Engineering Department REVIEWED BY: Roy B. Anderson, P.E., Director Public Utilities Engineering Department Date APPROVED BY: Date James W. DeLony, P.E., Administrator Public Utilities Division ACCEPTED BY: Brian Penner, Vice President Mitchell & Stark Construction Co., Inc. Date Approved as to Form and Legal Sufficiency: Assistant County Attorney Agenda Item No. 16C16 June 28, 2005 Page 7 of 7 Project Name: Capita' Project No, EVENT Qtr1 Qtr2 Qtr3 ' Qtr4' Qtr1 Qtr2' Qtr3 Land Acquisition Land Use Zon;n Design/Permit $7,900 - Construction $194,300 +- Inspection $13,900 - Project Total $716,100 Recommended Action: Recommendation to approve Work Order # UC- 113 with Mitchell & Stark Construction Company, Inc. in the amount of $694,300.00 for construction of fire and irrigation water system improvements at Bay Colony Shores in Pelican Bay, Project Number 74023. - -----"-- Agenda Item No. 16C17 June 28, 2005 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to approve Work Order # UC-114 with Mitchell & Stark Construction Company, Inc. in the amount of $230,500.00 for construction of fire and irrigation water system improvements at Georgetown in Pelican Bay, Project Number 74023. OBJECTIVE: To obtain approval of Work Order # UC-114 authorizing construction of fIre and irrigation water system improvements at Georgetown in Pelican Bay. PUBLIC PURPOSE: The Pelican Bay Fire & Irrigation Water System Improvements project was established for the purpose of converting the fire protection system from reuse to potable water. The intent of this project is to insure the long-term reliability of the Pelican Bay fire protection water system and to enhance the operational efficiency and reduce capital improvements needed for the Pelican Bay irrigation system. CONSIDERATIONS: The preparation of construction plans and specifications has been completed for the site of Georgetown which is included in Phase 4 of the Pelican Bay Fire and Irrigation Water System Improvements project. This site involves the installation of 2, I 00 linear feet of new irrigation main, 100 linear feet of new fire main, and 2 backflow prevention devices along with required testing and site restoration. Requests for proposals to perform this work were solicited from contractors under the annual contract for Underground Utility Contracting Services [Contract # 04-3535, approved by the Board of County Commissioners on March 9, 2004, agenda item 16(E)(6)]. A summary of the proposals received is as follows: · Contractor Mitchell & Stark Const. Co., Inc. Kyle Construction, Inc. Haskins, Inc. Amount $230,500.00 $251,000.00 $346,275.00 · · Based upon a review of the proposals by staff and the design professional, Focus Engineering, Inc. (letter attached), it is recommended that Work Order # UC-114 with Mitchell & Stark Construction Company, Inc. in the amount of $230,500.00 be approved for construction of Fire and Irrigation Water System Improvements at Georgetown in Pelican Bay. FISCAL IMPACT: The cost of the construction associated with Work Order # UC-114 is $230,500.00. Funding for this obligation is available in and is consistent with the FY05 Capital Budget adopted by the Board of County Commissioners on September 23, 2004. Current appropriations are identified in the County Sewer Capital Projects Fund (414), Pelican Bay Fire & Irrigation Water System Improvements (Project Number 74023). The source of funds is Wastewater User Fees. "-'''--'~ Agenda Item No. 16C17 June 28,2005 Page 2 of 7 Executive Summary Work Order #UC-114 Page 2 GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. This project is consistent with the 2003 Wastewater Master Plan Update adopted by the Board of County Commissioners as Agenda Item 10 (C) on May 25, 2004. RECOMMENDATION: That the Board of County Commissioners, Ex-officio the governing board of the Collier County Water-Sewer District: 1. Approve Work Order # UC-114 with Mitchell & Stark Construction Company, Inc. in the amount of $230,500.00 for construction of Fire and Irrigation Water System Improvements at Georgetown in Pelican Bay. 2. Authorize the Public Utilities Administrator to execute the Work Order after approval by the County Attorney's Office. PREPARED BY; Harry Huber, Senior Project Manager, Public Utilities Engineering Department Item Number ttem Summary Meeting Date Approved By Roy B. Anderson, P.E. Publk Utilitl(t$ Aaenda Item No 16C17 ~ June 28, 2005 Page :3 01 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1GC17 Recommenda1ion to approve Work Order # UC~114 with Mitchell & Stark Construction Compan~, 1,...<:. in the amount of $230,500,QO for cons1ruclio/1 attire and irrigation water system improveme'1ts al Georgetown in Pelican Bay, Project Number ;402-3 6/28/20059:00,00 AM Public Util¡tÎc5i Engit\cerìng DirectQr Da.te Public UljJïh~it Enginel!'fing &1712005 &:54 AM Dale Approved By Sh~,)IHm L NOIIY Public Utilities. W'l!it\!!W¡~ttH' C( lIe(:ti(IJI~; M¡UMgl~r WasteWater Sf7f2:005 11:27 AM 0"'. Approved By Wíllì.am D, Mullin, PE Public Utiliti\!!s Principal Projlt(:t M.UlilgIU" Puh!i<: Utilitim¡ E \9ifllt~!ring 6(7120051.2:28 PM DaI. Approved By Thomas. Wldes Public UtJlities Operations Director Public UtiJities Operations. 6/7/.2005 3:2· PM Date Approved By Lyn Wood Adminhitralive Si&rviçe!!- Purchasing Agent Pun;hd\ôjng 6i61Z00S 4:02 PM Dah~ Approved By Steve Camel! Administrative Services. Purchasing/General Svcs Diredor Purchû'Sing GiSI2005 5:09 PM Oat~ Approved By J1InU~!j W. OE'!L<'ny Public Utilities F'uhlic: Utiliti(~s Admini!;.tF<l:tDr Public Utílities Administration 6(912005 1 : 15 PM Date Approved By OMS Coordinator C<)unty M¡UI¡tUI~F'!; Offj¡;l~ Adminis.trative A1is.istant Ot1ì!;e pf M.amagr.nwn1 & Budnl~t 6/1012005.2:36 PM D~te Approved B)' Sus-an Usher County M.1nilqer's Of lIce Se-nior ManagementiBudget Analyst ONiC( of Management" B( dget 6.1171200511:01 AM Dab! Approved By MÎctJ¡m Smykow5ki County Manager's Office M<U" !lum~nt 0\ Budget Director Office ('If Man..,gP.tnJ;':nt & Budget SJ11!2005 12:32 PM Dat. Approved By James V. Mudd B(ln~d uf County Commissioners ComIty Manage-r County Managl!:r'.'i Office 6!17n005 4:3D PM :--~£li1eu§ ENGINEERING Agenda Item No. 16C17 June 28, 2005 Page 4 of 7 ·C"".^'._""~¡:'·' ..·""I!"o..,...'"t,!>1>"'~~ Change your focus and you change your world. May 31, 2005 Mr. Harry Huber, P.E. Senior Project Manager Public Utilities Engineering Department 3301 Tamiami Trail East, Bldg. H. Naples, Florida 24112 RE: WORK ORDER #UC-114 GEORGETOWN Dear Mr. Huber: As requested, Focus Engineering, Inc. has reviewed the proposals submitted for the Fire and Irrigation Water System Improvements for the area titled Georgetown located in Pelican Bay. Based on their submission of the lowest bid and their past performance on similar projects within Pelican Bay, we recommend Mitchell & Stark Construction Company be awarded the contract for this project. Very truly yours, FO. ..CUS ~.~.~~,IN.EE.. ,?C. ~/? ..' /~ -- -~--./~. /'" .' -' '. ~¿¿"':"c!'::?-~--"~--L /' "d" Robert L. Farnsworth, P.E. President RLF/kr 1342 COLONIAL BOULEVARD SUITE E-37 FT. MYERS, FL 33907 TEL. 239.275,1880 FAX 239,275.5617 CERTIFICATE OF AUTHORIZATIONN No. 00008309 -----.---------..- Agenda Item No. 16C17 June 28,2005 Page 5 of 7 WORK ORDER # UC - 114 "UNDERGROUND UTILITY CONTRACTING SERVICES" Contract #04-3535, Dated March 9, 2004 This Work Order is for General Contractor's Services, subject to the terms and conditions of the Contract referenced above, for work known as: Project: Pelican Bay Fire & Irrigation Water System Improvements Site: Georgetown The work is specified in the proposal dated Mav 20. 2005 from Mitchell & Stark Construction Company, Inc. which is attached hereto and made part of this Work Order. In accordance with terms and conditions of the Agreement referenced above, Work Order # UC - 114 is assig ned to Mitchell & Stark Construction Com pany, Inc. Scope of Work: Perform services necessary to construct the improvements shown on the plans, including mobilization, maintenance of traffic, water and irrigation system improvements, chlorination and bacteriological tests and site restoration. Task I: Water and Irrigation System Improvements Schedule of Work: Complete within 120 Calendar days. Compensation: In accordance with Item 4 of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount provided in the schedule below. Task I: $230,500.00 Total Fee: $230,500.00 Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order as enumerated in Exhibit 0 of the Agreement. Agenda Item No. 16C17 June 28, 2005 Page 6 of 7 Work Order # UC-114 Page 2 PREPARED BY: Date Harry Huber, Senior Project Manager Public Utilities Engineering Department REVIEWED BY: Roy B. Anderson, P.E., Director Public Utilities Engineering Department Date APPROVED BY: James W. DeLany, P.E., Administrator Public Utilities Division Date ACCEPTED BY: Date Mitchell & Stark Construction Co., Inc. Brian Penner, Vice President Approved as to Form and Legal Sufficiency: Assistant County Attorney Agenda Item No. 16C17 June 28, 2005 Page 7 of 7 EVENT ~r 0" fY04"· 0 ° FY05 ". fV04.o 2004 ---L--l!!~---L- 2006 I Qtr1 Qtr2 ~ Qtr4 Qtr1 Qtr2" Qtr3 Qtr4' Qtr1 ° Qtr2 Qtr3 Qtr4 Qtr1 Capital Project No. Project Name: Pelican Bay - Work Order # UC-114 Cost Qtr2 ° Qtr3Qtr4 Qtr1Qtr2'Qtr3 Land Acquisition Land Use Zonin Design/Permit $3,970 , I I I - Construction I $230,500 Inspection $13.900 - Project Total $248,370 Recommended Action: Recommendation to approve Work Order # UC-114 with Mitchell & Stark Construction Company, Inc. in the amount of $230,500.00 for construction of fire and irrigation water system improvements at Georgetown in Pelican Bay, Project Number 74023. Agenda Item No. 16C18 June 28, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to award Contract 05-3831 "FEMA Acceptable Monitoring of Disaster Generated Debris Management" to three (3) firms. Annual cost will be dependent on the number and severity of the disaster events occurring eligible for FEMA reimbursement during the fiscal year. OBJECTIVE: To receive Board approval for award of "FEMA Acceptable Monitoring of Disaster Generated Debris Management" contracts negotiated by Staff with three (3) short listed firms. Selected firms are to provide post disaster equipment and human resources adequate to assist the County Staff to monitor and document the costs incurred to remove and dispose of disaster generated debris in full compliance with the FEMA rules and regulations and to quality the County for maximum reimbursement from Federal and State Emergency Funds. CONSIDERATIONS: Accurate, independently verified and documented records are essential for the County to quality for reimbursement from Federal and State Emergency funds for costs incurred during the removal and disposal of disaster generated debris. The Contractors recommended to conduct the monitoring and documentation of the materials removed and disposed are professional organizations with knowledgeable staff to carry out the required monitoring and documentation, in full compliance with FEMA and State Emergency requirements for reimbursement of the costs incurred by the County to remove and dispose disaster generated debris. To meet the County's potential needs for FEMA Acceptable Monitoring of Disaster Generated Debris Management, a Request For Proposals (RFP) was advertised on April 4, 2005. Notices were sent to 158 firms with 20 firms requesting ful] proposal packages. Seven (7) responses were received by the due date of May 9, 2005. A Selection Committee meeting was held on May 31, 2005. After review, discussion, and ranking by the Selection Committee the following three firms were recommended for contract negotiations and subsequent award (in alphabetic order) by consensus: R.W. Beck, Inc Dewberry/Solid Resources Inc. Post, Buckley, Schue & Jerrnigan The recommended Contractors will be under an "on call, no cost" Contract with the County for a single four (4) year period with the option for both the County and the Contractors to extend the contracts for two (2) additional one (]) year periods, by mutual agreement. When required by the County, the Contractors will be tasked by work order/s for specific assignments that will describe in detail the work to be done and the associated compensation to the Contractor. In their proposals the recommended Contractors have provided unit costs for both equipment and human resources. Agenda Item No. 16C18 June 28, 2005 Page 2 of 3 In their proposals, the recommended Contractors have identified and delineated their equipment, human resources and related facilities that will be available to assist the County in monitoring and documenting the removal and disposal of disaster generated debris. The recommended Contractors have also described their experience to accurately record and document the quantities and types of material whose removal and disposal they will monitor. This capability can greatly assist the County to maximize the recovery of debris removal costs from the Federal Emergency Management Administration (FEMA) and State Disaster Assistance Funds. If requested by the County, the recommended Contractors will also be available, prior to landfall and/or impact of hurricanes and other predictable natural events, to position equipment and human resources in strategic locations for a post disaster, rapid response. FISCAL IMPACT: Fiscal impact will be to each County Administration and appropriate operating funds that are relevant to the activities that take place. The financial extent of this impact is dependent on the number and severity of the disastrous events. Events declared as Disasters by Presidential Decree are eligible for up to 75% reimbursement by FEMA and possibly up to 15% from the State Emergency Fund. Accurate documentation of the quantities and types of materials removed and disposed is critical to maximize the amount of reimbursement. GROWTH MANAGEMENT IMPACT: These Contracts and the activities anticipated to be tasked under them will have no impact on the County's Growth Management Plan. RECOMMENDA TION: That the Collier County Board of County Commissioners approve the award of contracts and authorize the Chairman to execute Agreements with the Contractors recommended by the Selection Committee to be available for "FEMA Acceptable Monitoring of Disaster Generated Debris Management" Prepared By: Irving L. Berzon, P.E.; Senior Project Manager, Solid Waste Management Dept. Agenda item No ·16C18 June 28. 2005 Pag~ :) of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 1GC18 Recommendation 10 award Contract 05-3631 "FEMA Acceptable Monitoring of Disaster Generated Debris Management" to three (3ì fjrf'l1S Annuat cost will be- dependent on the number and s.everity of fhe disaster even1s occurring eiigible for FEMA reimbursemet"l1 during the fisclIi year Meeting Date 6/28:20059:00:00 f,I.,M Approved By G, Gf!orge Yilm.az S(} id Wasle Director Date Public Utilitic-'S SDhd W..~1e 6i3,'2005 11:ot.8 AM Approved By Dan E. Summers. But't!'au Qf EtnergMcy Service:s. Director Da1~ County Manager's OHice Bureau of Emergency Services 6/3/2005 2;32 PM Approved By Thotna$; Wides Opmatìotl$ [)irr.f::tar DUll! Public Utilitip.!i Public Utilîties Operations 6m2005 11:<U AM Approved By Miloc Hauer AcquiJ;ition Manage-r Date- Adrniniçtr;lhvp. ~rvj(;e$ Purr.husillg 6i612005 4:28 PM Approved By Steve Carnell Purchuinglßel1erll1 SVcs Oiret'tor Da.te AdmjlJidralive S~rvices. Purcha'5ihg 6/8/20055:13 PM Approved By J~'rll~~; w. Delany Public Utilitit!$ Adrnình¡.trator Daft! Public Utilities Public Utilities: Administration &19/20054:"5 PM Approved By OMB Coordinator Administrative- A.ssistant [)at~ County Manager's Office Office of Management & Budget ¡m01.2D05 2:14 PM Approved By Randy Gret!'nwa1d Manao;J(Hnt!-ntlBudget Anuly~t DatI? County Man;ager's Office Off¡c:e of Management & Budget 6/10/20054:16 PM Approved By Michael Smykowski MalH'Igement & Budget Director Date> County ManagE':r's OUiet'! OfficI,¡' (If M¡magmnel1t & Budget 6J20/2005 1 :36 PM Approved By James V. Mudd CnUf\fY Manager DatE! Board of County CQmmissioners County Manager's otfk:11' &!20/200S 4:45 PM ~-,--,-~ Agenda Item No. 16C19 June 28, 2005 Page 1 of 2 EXECUTIVE SUMMARY Recommendation that the Board approve the Cooperative Purchase from Hillsborough County to retain the services of Public Resources Management Group (PRMG) in the estimated annual amount of $500,000 to provide consulting services and analysis for Utility Rate Study Updates, Impact Fee Study Updates, Development of Bulk Service Rates and other necessary utility related financial consulting services. OBJECTIVE: To insure the continuing services of Public Resources Management Group (PRMG) to provide consulting and analysis assistance for water and wastewater utility studies. CONSIDERATIONS: The Water-Sewer District ("District") updates the water and sewer rates studies and the water and sewer impact fee studies once every three years as required by ordinance. In addition, the District, from time to time, is also requested to provide bulk water and/or sewer services to other local utilities, which require in-depth analysis, by experts in the field. Other financial consulting services are required such as Feasibility Studies as required for Revenue Bond financing. As these studies and projects arise, staff would like to retain the services of PRMG to provide the requisite data and analysis. To help the District make informed decisions related to changes in rates, impact fees, bulk service rates and other service agreements, staff recommends the Board approve the cooperative purchase from Hillsborough County in order to retain the services of PRMG. GROWTH MANAGEMENT IMPACT: There is no impact on the growth management. FISCAL IMPACT: Funds are budgeted in the water and wastewater impact fee and user funds to retain the services of PRMG. RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve the cooperative purchase from Hillsborough County to retain the services of Public Resources Management Group (PRMG) in the estimated annual amount of $500,000 to provide consulting and analysis assistance related to water and sewer rate study updates, impact fee updates, development of bulk service rates and other utility studies as required. PREPARED BY: Joseph Bellone, Operations Supervisor, Public Utilities Ag"nda Item No 16C19 June 28, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS "em Number Item Summary 16C19 Recommendation that the Boarel Approve the Coopera1ive Purchase from HilJsborough County to retain services of Public Resources Managemenl Group iPRMG) in the estimated annual amount of $500.000 to provide CQnsulting services BI,d analysis for Utility Rate Study Updates, Impact Fee Shldy Updates. Development of Bulk Service Rates and other necessary utility related financial consulting services Meeting Date 6/28120059:00:00 AM Prepared By Dat~ Joseph Bellone Operations Supetvis.or &/3(2005 1 :45:34 PM Public Utilities Publíc Utilities Operations Approved By TIII>nm.$. WidP-ä Ope"lti()l\!~ D¡'-ectnr Date Public Utilitii!'s Public Utilities Operations 61812005 12:23 PM Approved 8)' Mike Hauer Acquisition Manager Date Admi"i¡.tI'11ivt~ SE~I'Y¡ :.!~ Purdus,ing 6/ßf200S 4:30 PM Approved By Steve Carnell Purchasing/General SVc~ Director O;3te- AdmiIÜ$tratiVt~ St!;rvit:r.$ Purch3~¡ng 6/9/2005 3;36 PM Approved By Jamr.!'> W. O{~L¡)O~' Publil: Utijjtie!. AdministralOf Datu Public Utilities Public Utilities AdministrdlEon &19120D5 4:54 PM Approved By OMS Clmrdinator Adrnilli$tra1ive AS$i5t~l1t O¡rlr County Managers. Office Offir.e of Management & Budget 6/10/20052:'15 PM Approved By Randy Gr(/(!nwald M,m4l Jl/lmuntiBudget Analyst D..t~ Calmtv Mmmuer's Officl~ aft'iE:(! >f Managf!ment &. Bud!le1 6t13/Z005 9:14 AM Approved By Michael Smykowskf Management & Budget Oirector Date County Matlagl!r'!> affjc,~ ONic'~ of Managromn1 & BudgP.t &"17/200510:41 AM Approved By James,' V. Mudd County Maflsger D:at~ BOArd of County Con1missionE'TS County Murulg(!r'!. OtfiCf! 6i1712005 3:30 PM EXECUTIVE SUMMARY Agenda Item No. 16C20 June 28,2005 Page 1 of 2 ".~,","'" Recommendation to approve a budget amendment to transfer funds in the amount of $417,999 from the Collier County Water-Sewer District Operating Fund (408) Reserve for Contingencies to cover unanticipated operating expenses in the Water Distribution Cost Center. OBJECTIVE: That the Board of County Commissioners, Ex-Officio the Governing Board of Collier County Water-Sewer District approve a budget amendment that will allow funds to be transferred from Reserve for Contingencies in the amount of $417,999 to cover unanticipated operating expenses incurred by Water Distribution Cost Center. CONSIDERA TIONS: The Water Distribution Cost Center requires additional funds to cover operating expenses for the remainder of fiscal year 2005. The request for additional funding is due to two factors. The first factor is a series of unanticipated system failures within the water distribution grid that have resulted in the expenditure of funds in order to restore service and complete site repairs. The three most expensive breaks to repair included the replacement of the subaqueous watermain crossing to the Henderson Creek Subdivision that failed in October and was replaced at a cost of$137,567 and two water main repairs along an older section of watermain on US 41 East that cost a total of $130,432 for repairs and site restoration. .- The second factor in this request is an increase in electrical cost. Florida Power and Light was granted a 7% increase in their fees after the finalization of the FY 2005 budget. Secondly an increase in demand for potable water has caused more electrical consumption throughout the two well fields and four remote pumping stations than was anticipated. This portion of the request is $150,000. FISCAL IMPACT: A budget amendment is needed to transfer funds in the amount of $4 I 7,999 from the County Water-Sewer Operating Fund (408) Reserve for Contingencies to cover unanticipated operating expenses incurred by Water Distribution. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with the approval of this Executive Summary. RECOMMENDATION: It is recommended that the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve the necessary budget amendment for the transfer of funds from Reserve for Contingencies. PREPARED BY: Pamela Libby, Water Distribution Manager ,- Agenda !1em No 16C20 June 28. 2005 Page 2 (Jf 2 COLLIER COUNTY BOARD OF COUNTY COMM!SSIONERS Item Number "em Summary 16C20 Recommenda1ion to appro....e a budget amendment to transfEr $417,999 from Fund (408) Reserve for Contingencies to cover unanticipS1ed expenses in the Water Distribution Cost Center Meeting Date 6/28/20059:00.00 AM Prepared By 0",. Palnela Lihhy W¡¡t~r Operations M.1nager &,18120055:02:14 PM Public Utilities Water Approved By Thom<IS Wideos OporaUons Director Oat( ' Public U1î1itje~ Public Utilitie:J, Opel'ations, 6;9/2005 2:3.0 PM Approved By Pamela Libby Water Operations M¡mager Date PlIbli(:U'tili1iv'!í W~tp.r 6/9120052:44 PM Approved By Paul Matt;UJsçh Water Director Date Public Utilities Water 619{2D05 2:51 PM Apprond By Jam ~!¡ W, DeLany Puhlic UtHitif!$ Admir1ishator D<Jt~ Public Utilitiu Publíc Utilities Administration 6¡'g/200S 4:45 PM Approved By OMB Coordinatc.r AdminÍ.$.tr;¡livt!' A,uil>tant Dat(': County Munanm's O1fif;C (}ffÎr:t? of Managenumt & BUd!J1!o1 6f1012005 2:18 PM Approved By Randy Gre-er.wald ManaQement/Budget Analyst Date County M<.In.1tg~t's; Offit:~ Offit:'" of M'lr.a{ mn.ent & Budgt!t 6114/200& 9:Q7 AM Approved By Michael Smykows~i Management & Budget Director Datt!' County Manager's O~¡ce Office of Management & Budget &i17:2oo510:39 AM Approved By Ja",~S V. Mudd County Manager Date Board of County CO!nOli5&.jon~rs Cuuntv MólnalJp.r'$ Off¡.ç~ 6117i1005 2:11 PM .-----..- EXECUTIVE SUMMARY Agenda Item No. 1601 June 28, 2005 Page 1 of 4 Recommendation to award Work Order #PBS-02-46 in the amount of $82,378 to PBS, Inc. for replacement of the docks at Cocohatchee River Park Obiective: To maintain beautiful and safe park faciIities at the lowest possible cost. Considerations: The docks at Cocohatchee River Park are in need of replacement. Staff solicited bids on the project in three phases from the four general contractors on continuing contract with ColIier County. Three quotes were received as foIlows: PBS, Inc. Phase 1 Phase 2 Phase 3 Phase 1 Phase 2 Phase 3 Phase 1 Phase 2 Phase 3 Varian Construction Co. The Chris-Tel Company Surety Construction $48,734 $33,644 $44,300 $71,235 $50,350 $72,475 $11 1,640 $53,426 $85,825 declined to bid PBS, Inc. was the low bidder on all phases. Staffhas detennined that Phases 1 and 2 are both the most pressing need and within current budget constraints. Fiscallmøact: Staff has prepared budget amendments appropriating $5,217 from Parks Maintenance operating (Fund 111) to cover the shortfaIl for this project. Growth Manaaement Imøact: Cocohatchee River Park is inventoried in the GTOwth Management Plan. Recommendation: That the Board of County Commissioners awards Work Order #PBS-02-46 to PBS, Inc. for replacement of the docks at Cocohatchee River Park and approves the necessary budget amendments. Preøared by: Amanda Townsend, Operations AnaIyst,Parks and Recreation Agenda Item No. 1601 June 28, 2005 Page 2 of4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16D1 Recommendation to award Work Order #PBS-02-46 in the amount of $82.378 to PBS, Inc. for replacement of the docks at Cocohatchee River Park. 612812005 9:00:00 AM Meeting Date Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 6/13/200510:57 AM Approved By Linda Jackson Contracts Agent Date Adminìstratìve Services Purchasing 6/14/20053:44 PM Approved By Murdo Smith Beach and Water Superintendent Date Public Services Parks and Recreation 6114/20054:56 PM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 6114/20055:32 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 6116/20052:27 PM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 6/2012005 12:18 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 6121/2005 1 :39 PM Approved By James V. Mudd County Manager Date Board or County Commissioners County Manager's Office 6/2212005 9:52 AM Agenda Item No. 1601 June 28, 2005 Page 3 of 4 WORK ORDER #PBS-02-46 "General Contractor's Services" Contract #02-3349, dated June 11, 2002 This Work Order is for General Contractor's Services, subject to the terms and conditions of the Contract referenced above, for work known as: Cocohatchee River Park Dock Repairs (Conklin Point) The work is specified in the proposal from Professional Building Systems (PBS), dated 4/21/2005, which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order #PBS-02-46 is assigned to Professional Building Systems (PBS). Scope of Work: Phase I - Remove and replace approximately 310' by 4 '8" of existing pressure treated dock decking with new 5/4" X 6" IPE decking fastened with 2.5" stainless steel decking screws. Phase 2 - Remove and replace approximately 1ST X 5 '0" of existing pressure treated dock decking with new 5/4" X 6" IPE decking fastened with 2.5" stainless steel decking screws. Schedule of Work: Complete within 60 days of Notice to Proceed after issuance of a building permit, and no later than September 30, 2005. Compensation: In accordance with Item No.3 of the Agreement, the County will compensate tbe Firm in accordance with the negotiated lump sum amount provided in the schedule below. BASE BID - Phase] BASE BID - Phase 2 TOTAL FEE $48,734.00 $33,644.00 $82,378.00 Any change made subsequent to final Department approval will be considered an additional serv ice and charged according to an executed Change Order as eownerated in Exhibit D of the Agreement. MyEl n Donner, Interim Beach & Water Manager Department of Parks and Recreation REVIEWED BY Murdo Smith, Interim Director Department of Parks and Recreation 'ii0/o s PREPARED BY: ¿'-/~'~--- Date ATTEST: Dwight E. Brock. Clerk Agenda Item No. 1601 BOARD OF COUNTY COMMISSI~}O~~ COLLIER COUNTY. FLORIDA 0 By: By: Fred W. Coyle. Chairman Deputy Clerk Date: PROFESSIONAL BUILDING SYSTEMS By: Bart Zino, Vice-President ATTEST: Siønature (Corporate Secretary) By: Type Name and Tille (or) Witnesses (2) (1) (2) Signature: Signature (Print Name) (Print Name) Approved as to Form and Legal Sufficiency: Robert Zachary, Assistant County Attorney Agenda Item No. 1602 June 28, 2005 Page 1 of 9 EXECUTIVE SUMMARY Recommendation to approve a Limited Use License Agreement between the Board of County Commissioners and the Naples Junior Chamber of Commerce, Inc., approving use of specified county-owned property for conducting a July 4th Fireworks Festival OBJECTIVE: To provide a means for the Collier County community to recognize and celebrate the nation's independence through a community Fourth of July festival. CONSIDERA TIONS: The Naples Junior Chamber of Commerce, Inc. (Jaycees) has partnered with the County to provide a free Fourth of July event for the community for the last seven years. Through this agreement, the County will provide a $25,000 contribution that will be used to support the event and will be paid, as is standard practice, through a reimbursement method. The event as proposed this year will again be a family-oriented festival with musical entertainment, food vendors, and fireworks at dusk. The agreement requires that the Jaycees provide appropriate levels of law enforcement personnel, Fire Department and Emergency Medical Services presence, and specific insurance coverage for the event as prescribed by the County's Risk Management Office. The agreement has been negotiated through the Parks and Recreation Department and has been reviewed and approved by the County Attorney's Office for legal sufficiency. The rental fee for the use of Sugden Park, based on the Parks and Recreation Outdoor Area License and Fee Policy, is $800 for the one-day event. The Agreement provides for the acceptance of in-kind payment in the form of advertising of a value equal to or greater than the rental fee. Specifically, Collier County will be recognized as a co-sponsor of the event in all promotional efforts. GROWTH MANAGEMENT IMPACT: There is no growth management plan impact associated with this event. FISCAL IMPACT: The cost of this agreement will be $25,000, funds for which have been included as part of the FY 2005 budget within the Parks and Recreation Department. RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to execute the attached Limited Use License Agreement between Collier County and the Naples Junior Chamber of Commerce, Inc. to produce a free Fourth of July Festival at Sugden Regional Park. Agenda Item No. 1602 June 28. 2005 Page 2 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 1602 Meeting Date Recommendation to approve a Limited Use License Agreement between the Board of County Commissioners and the Naples Junior Chamber of Commerce. Inc., approving use of specified counly-owned property for conducting a July 41h Fireworks Festival 6/28/200590000 AM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 611412005 4:36 PM Approved By Murdo Smith Beach and Water Su"erintendent Date Public Services Parks and Recreation 6114/20054: 52 PM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 6/1412005 5:39 PM Approved By OMS Coordinator Admìnistrative Assis.tant Date County Manager's Office Office of Management & Budget 611612005 2:30 PM Approved By Gary A. Vincent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 6/17/20059:32 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 61171200510:07 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 6117/200512:05 PM .~_.~_."..,~ ~ Agenda Item No. 1602 June 28, 2005 Page 3 of 9 LIMITED USE LICENSE AGREEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, AND THE NAPLES JUNIOR CHAMBER OF COMMERCE, INC., A NOT -FOR- PROFIT FLORIDA CORPORATION, APPROVING USE OF SPECIFIED COUNTY-OWNED PROPERTY FOR CONDUCTING A JULY 4TH FIREWORKS FESTIVAL Entered into this day of , 2005 by and between the Board of County Commissioners, Collier County, Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "Board", and Naples Junior Chamber of Commerce, Inc. (Naples Jaycees) not- for-profit Florida corporation, whose mailing address is P.O. Box 10416, Naples, Florida 34101, hereinafter referred to as "Organization". WHEREAS, the Organization requests the use of County-owned land for the purpose of holding activities for conducting a Naples Jaycees July 4th Festival and Fireworks Display to be held on July 4, 2005. WHEREAS, the Board is willing to approve the use of County-owned land for such purposes as are specified herein: NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. The Board hereby approves the use of a portion of County-owned property identified as Sugden Regional Park as shown in Exhibit "A" attached hereto and made a part hereof, hereinafter referred to as the "Property" for the purpose of holding activities for a July 4th Festival, hereinafter referred to as the "Event". The Board hereby grants the Organization the right to photograph, record, televise, broadcast, distribute, exhibit, advertise and promote the Event. The Board has rights to use pictures for promotion of this program. Use of the Property by the Organization shall be from July 3rd through July 5th. The park will remain open to the public during these times. The day of the event only pedestrian public traffic will be allowed to enter the park 2. The organization shall be responsible for all on and off-site Event operations and revenue as well as the administration of all revenue derived from the Event. The Organization shall have the sole right and responsibility with respect to the granting of concessions (such as food, beverages, programs), sponsorship and merchandising rights and the revenue therefrom subject to approval of the Public Services Administrator. 3. The Organization shall monitor, control and assume responsibility for all activities, vendors, licensees, and invitees associated with holding of the Agenda Item No. 1602 June 28, 2005 Page 4 of 9 Event, such responsibility not being limited to trash collection and clean-up of the Property. Repair of damaged areas will be at the expense of the Organization. Board shall not be obligated or required to improve, repair, or maintain the Property or any part thereof in any manner whatsoever. 4. The Organization shall acquire all permits required by Collier County and any other governmental entity to conduct such an event and related activities on the Property. The Or~anization shall ensure clean up of the Property by close of business on July 5 h. 5. Prior to making any changes, alterations, additions or improvements to the Property, the organization shall provide to the Parks and Recreation Department, in writing, all proposals and plans for alterations, improvements, changes or additions to the Property. The Organization 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 Property, to observe and comply with all present and future laws, ordinances, rules, regulations, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies. All permanent alterations, improvements, and additions to the Property shall, at once, when made or installed, be deemed as attached to the freehold and to have become the property of Collier County and shall remain for the benefit of the County at the end of the term set forth in this agreement in as good order and condition as they were when installed, reasonable wear and tear excepted; provided, however, if Board so directs, the Organization shall promptly remove all portable and non-permanent additions, improvements, alterations, fixtures and installations which were placed in, on, or upon the Property on behalf of the Organization, and repair any damage caused to the Property by such removal. 6. Organization agrees that the Event will be managed in such a way as to comply with all other Collier County ordinances, codes and Parks and Recreation Department policies. In particular, the event noise, except the fireworks themselves, will be managed to limit any sound amplification to meet the Collier County Noise Ordinance. There shall be no on-site sales, promotion, or consumption of, alcoholic beverages within the park boundaries. There shall be no on-site sales and promotion of any tobacco product within the park boundaries. 7. Organization agrees to: A. Provide on or before March 30th to the Parks and Recreation Department and appropriate Development Services staff an application for a special events permit. A logistical schedule of events (e.g. deliveries, set-up, Agenda Item No. 1602 June 28, 2005 Page 50f9 clean up, etc.) will be included within the special events permit application package. B. Meet on the Property on or before June 4, 2005 with representatives from the Collier County Parks and Recreation Department, the East Naples Fire Control District, the Collier County Sheriffs Department and Collier County EMS. The Organization will have or will have provided in advance of the meeting: 1. Fire Retardant Certificates and safety inspection for all tents to the East Naples Fire Department; 2. A copy of the certificates of all insurance required by this agreement, 3. A security, parking and pedestrian crossing plan agreed to in writing by the Collier County Sheriffs Department, 4. Written confirmation for on and required off-site fire protection from the East Naples Fire District and/or other authorized County Fire Districts, 5. Written confirmation for on-site Emergency Medical Services from the Collier County EMS Department, and 6. A copy of the organization's "Chairman's Planning Guide". C. Collier County reserves the right to add the following entertainment: A one-hour performance by the United States Military Academy Jazz Knights from 7 pm to 8 pm and a parachute jump by the United States SOCOM Parachute Team at 4 pm. The Organization is released from the requirements of paragraphs 2 and 3 of this agreement with respect to the entertainment provided by Collier County. 8. Organization agrees to manage the Event as outlined within the Chairman's Planning Guide prepared by Organization. Such plans shall be made a part of this Agreement. Revisions to the Chairman's planning Guide after the meeting of June 4, 2005 referenced in paragraph seven (7-B) will require the review and approval of the Public Services Administrator. Should inclement weather require cancellation of the event on July 4th, such a decision will be made in conjunction with the Organization and the Public Services Administrator as agreed to by the Organization and the Public Services Administrator, July 5, 2005. All subsequent dates of this agreement will be adjusted accordingly. 9. The Organization agrees that all persons involved with the handling of fireworks will be qualified personnel and all persons involved with the igniting of fireworks will be licensed pyro-technicians. In addition the Organization agrees that a professionally produced fireworks show with a minimum value of $25,000 will be provided. 10. Organization shall indemnify, defend and hold harmless Board, its agents and employees from and against any and all liability (statutory or otherwise), damages, claims, suits, demands, judgments, costs, interest and expenses Agenda Item No. 1602 June 28, 2005 Page 6 of9 (including, but not limited to, attorneys' fees and disbursements both at trial and appellate levels) arising, directly or indirectly, from any injury to, or death of, any person or persons or damage to property (including loss of use thereof) related to (A) Organization's use of the Property, (B) any work or thing whatsoever done or any condition created (other than solely by Board, its employees, agents or contractors) by or on behalf of Organization in, about, on or with the Property, (C) any condition of the Property due to or resulting from any default by Organization in the performance of Organization's obligations under this Agreement, and (D) any act, omission or negligence of Organization, its agents, contractors, employees, subtenants, licensees or invitees. In case any action or proceeding is brought against any of the above by reason of anyone or more thereof, Organization shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if Board shall so request, at Organization's expense, by counsel reasonably satisfactory to Board, except where such damage or injury is the result of the gross negligence or willful misconduct of the Board or its employees 11. The Organization accepts the property "as is." The Board shall not be liable for any injury or damage to any person or property caused by the elements or by other persons on the Property, or from the street or sub-surface, or from any other place, or for any interference caused by operations by or for a governmental authority. 12. The Board shall not be liable for any loss of property, including loss due to petty theft of any property occurring on the Property or any part thereof. The Organization agrees to hold the Board harmless from any claims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct of the Board or its employees. 13. (a) Organization shall provide and maintain special event general liability and property liability insurance policy(ies), approved by the Collier County Risk Management Department for not less than One Million Dollars and No/Cents ($1,000,000) combined single limits during the term of this Agreement. (b) Collier County shall be listed as additional insured on the commercial general liability policy. Evidence of such insurance shall be provided to the Collier County Risk Management Department, 3301 East Tamiami Trail, Administration Building, Naples, Florida, 34112, for approval prior to the commencement of this Agreement; and shall include a provision requiring ten (10) days prior written notice to Collier County c/o County Risk Management Department in the event of cancellation or changes in policy(ies) coverage. Board reserves the right to reasonably amend the insurance requirements by issuance of notice in writing to Organization. Upon receipt of such notice, Organization shall have ten (10) days in which to obtain such additional insurance. Agenda Item No. 1602 June 28, 2005 Page 7 of 9 14. This Limited Use License Agreement shall be administered on behalf of the Board by and through the Collier County Parks and Recreation Department. 15. It is the responsibility of the Organization to properly notify the general public of closed roads and designated parking areas. In particular notification shall be provided to all homes located on Outer Drive, Lombardy Lane, Dale Avenue, Pineland Avenue, Cindy Avenue, Mohawk Place, Mindi Avenue, Rose Avenue, and Poplar Way. The Organization shall ensure that the park and all park facilities remain open and accessible to the public. 16. This Agreement is not assignable. Any attempt to assign shall be void ab initio. 17. The Rental Rate for the festival is $800. The Board of County Commissioners will accept in-kind services as payment for the rental rate in the form of advertising of a value equal to or greater than the rental rate. Specifically, "Collier County" or the Collier County Logo is to appear on all printed promotional materials related to the event, and Collier County is in all instances to be recognized as a co-sponsor of the event. 18. This Agreement represents a bare license for the Organization's use of the property and does not convey any estate in the Property or create any interest therein whatsoever. 19. The Organization represents and warrants to the Board that no hazardous materials will be discharged to the air, grounds, sewer, or to any septic system on the Property except fireworks are planned to be discharged in the air and on the ground according to plan. 20. The Organization shall be responsible for paying all taxes and charges associated with or resulting from the holding of this Event. 21. Pursuant to this Agreement, the Board shall provide twenty-five thousand dollars ($25,000) for the Festival. The funding is to be used for permit fees, park fees, entertainment fees, sheriffs department fees, carnival fees and/or fireworks fees. Funds will be paid on a reimbursement basis upon the submission of copies of paid invoices. All invoices will be signed by the President or Treasurer of the Naples Junior Chamber of Commerce attesting that the goods are services indicated by the invoice were received. 22. This Agreement is governed and construed in accordance with the laws of the State of Florida. Agenda Item No. 1602 June 28, 2005 Page 8 of 9 IN WITNESS WHEREOF, the parties hereto have made and executed this Limited Use License Agreement as of the day and year first above written. AS TO THE ORGANIZATION: NAPLES JUNIOR CHAMBER OF COMMERCE, INC. By: Becky Pastor, President Witness (signature) (print name) Witness (signature) (print name) ATTEST: AS TO THE COUNTY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk of Courts By: Deputy Clerk By: Fred W. Coyle, Chairman Approved as to form and legal sufficiency: Robert Zachary, Assistant County Attorney -'---^^"~"'-'-'- No 1602 Agenda Item 28' 2005 June , f 9 Page 9 0 Exhibit A \\,\ 'J\~\ ')\\\S-~ \.\. :z.~ ~ ~Vl- ~,\ /~/ \ /' //~/~.\~\ If . \ '-::::::....c.. I P-, __,--- !.~\ ~ '.. .. ! I ')>7->~ , I \-~, r"'~' '"'' "- "",~ '/ r. ., "'.' . .... .... .... '. ''\,S.. .-;/ '--/·í._ ". .... , ....., ^ "". 0::: ~. ,'. A." 'Y', . '- I /,- ;~" "'_, " " ,"- -"'i( ~', , , '" ' Ì' r/ - ~t, "<l:; ~ ! \~~Ç~~~~. \) \, o\~~_ I íf¡[ tt,,_<~~ ; h~ì ~'Z\-U " I. I· i ------. \\ Q 1) , ,I 'I I \ I )\I/, ' , '/ i) Ii, )j' ! , ! If ' , , ).'.'(\ )I.(!/~. ·1\ \ , 1/ ' , , I. \ .. ' I '(. 1\, \ I , ''', , '" \ .." '\ 1\\1 \ /. \' I ' ,\" , , ~~ ../ I I( 1/ V. '-.Jì\ J (í-~''o..'''G. . (? ,: j ~ ' I', I, / / (\, ~... \" ~! // : \\ 'i, "-" / I \\ "~,."~''''-~ /~ \ .-, \--, ::::::--....... '-" / ' /"--""'" 1 _'. ~~j'~", ~ ~/ c.:ç:: __. '__.....,...._..-:> ~...~ ~....., ~'~--r;</)) ',<,,, /"-~~~ ~-"'- ~ ~ '--"'" ~ '~ ~~ ~~- ~~ r ,--S '" <./.... Agenda Item No. 1603 June 28, 2005 Page 1 of 32 EXECUTIVE SUMMARY Recommendation to approve purchase and installation of playground equipment for Vineyards Community Park and Immokalee Community Park from Piazza, Inc. in an amount not to exceed $140,000 Obiective: To provide beautiful and safe park facilities at the lowest possible cost. Considerations: The playgrounds at Vineyards and Immokalee Community Parks need to be replaced. Staff requests Board approval for the purchase and installation of new playgrounds for these parks from Piazza, Inc. at a total cost of $140,000 under the City of Jacksonville Bid #SC-0549-03. Fiscal ImDact: Funds in the amount of $60,000 for replacement of the Immokalee Community Park playground are budgeted within the Immokalee Maintenance budget within the MSTD General Fund (1 ] 1). Funds in the amount of $80,000 are budgeted in the Vineyards Playground project (80051) within the Parks Improvements CIP Fund (306). Growth Manaaement ImDact: These facilities are inventoried In the Growth Management Plan. Recommendation: That the Board of County Commissioners approves purchase and installation of playground equipment for Vineyards Community Park and Immokalee Community Park from Piazza, Inc. in an amount not to exceed $140,000 under the City of Jacksonville Bid #SC-0549-03. . PreDared by: Amanda Townsend, Operations Analyst, Parks and Recreation Agenda Item No. 1603 June 28, 2005 Page 2 of 32 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16D3 Meeting Date Recommenda1ion to approve purchase and installation of playground equipment for Vineyards Community Park and Immokalee Community Park from Piazza, Inc. In an amount not to exceed $140,000 6/28/20059:00:00 AM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Servic"s Admin. 6/14/20054:19 PM Approved By Murda Smith Beach and Water Superintendent Oat" Public S"rvlces Perks and Recreation 6/14/20055:07 PM Approved By Marla Rams"y Parks & Recreation Director Date Public Servic"s Parks and Recreation 6/14/2005 5:42 PM Approved By Brenda Brllhart Purchasing Ag"n! Date Admlnistratlv" Services Purchasing 6/15120058:11 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 6/16/20053:13 PM Approved By Susan Usher Senior Managem"ntlBudget Analyst Qate County Manager's Office Office of Management & Budget 612012005 1 :07 PM Approved By Mlchnl Smykowskl Management & Budget Dir"ctor Date County Manager's Offic" Office of Management & Budget 6/2012005 1 :24 PM Approved By. Jam"s V. Mudd Board of County Commlsslon"rs County Manager Date County Manager's Office 6/20120057:08 PM r RECI:.: \; EQ, JUN o· a Z005 DEPARTMENT OF PROCUREMENT Agenda Item No. 16D3 June 28. 2005 Page 3 of 32 NOTIFICATION OF A WARD AND RELATED ACTIONS DATE: 5/11/2005 ADDRESS: Kompan Southeast, Inc. Attn: Mary Piazza PO Box 1217 Geneva, Fl 32732 BID# SC-0549-o3 TITLE: PRICE AGREEMENT CONTRACT FOR PARK AND PLAYGROUND EQUIPMENT Ladies/Gentlemen: it' You are a successful bidder on the above referenced bid. Bid is accepted subject to the terms, conditions and stipulations in our specifications. Performance Bond in the amount of$ (as required in the original bid package) must be returned within 10 days from receipt of this notification. (Please include bid number 0'" performance bond remittance) CONTRACT DOCUMENTS OR PURCHASE ORDER TO FOLLOW. THIS IS NOT AN ORDER. Awarded as follows: 2nd and Final Renewal Option . June 1, 2005 through May 31, 2006. You are not a successful bidder. Bids are available for inspection in the Department of Procurement. Bid security is herewith returned; Check # Amount -.-..--- Sincerely, þ~ t7~ SANDY AVEREll St. James City Hall, 117 Welt Duval Street, Suite 335 Jacksonville, Florida 32202 Phone: (904)630-1184 Fax: (904)630-21.51 FORM GIJ-IIO. Revised 1212663 U) a:: !ž ~ w >- =e z 0. 0 ; ~ UI 0 ~ .... ~ i c..,z ~¡~ ~~o ~(.)~ a::U)¡: 00:;: u..z:¡¡ (.)~ ~ ..; (.)... ~¡~ °oz (.)(.)0 ~ a: ~ 0 ... I&. S .., Iff e ~ S < w UI ~ 2 CJ II:: W A. I&. I&. W Agenda Item No, 1603 05 32 , ,",U'I<'; ","u, " iA.... ~ ~ ! ~ ~ ~ ~ 0 Page 4 ¡¡¡ t: II: .. Z ~ ~I::;¡ u ~ 0 ~ ! .. ! ~ ~ i .. ~ c I z >- u .. " ! 0 ~ ~ ~ 0 ~ 0 ; ~ t z z z >- 0 c i ~I" ii ~ ~ ~ ~ ~ II : g¡ 0 II Ie) >- >- >- z >- .. ! 1: J J i i~j e Q. ~ t: ~ ~ ~ ';!: Q. i '" Î 0 î '" .... ... '" '" 1]1 .... Q. Q. ¡i&: ';!: ~ ';!: ~ ~ ~ ';!: ~ ';!: Ii; 0 .... .... :: :( ~ ¡;¡ . ·f 5!! ~ . '111 ;di ,j c: ¡If I ~lil Jsf I .... -~ '.si g <II . ~ ë ~ I - if f~' ~ g,...NU J ~ . I ·fl i~fg~ -:jg! . :::e , ... e. ,i> !ó~.:! JiU I&. . i .N o.:~~ ',~§ hfj .~: t iT _.......""" . Ifih ,0' ""':' ë - '" oII~~Q. s~~ " jp ~l~¡ oII!- .>~ ' jfUtil e ~'_ i<u. §jªllI -~-~ II)~I II)~ Ua::_ ~ i !¡ j c)~l - -. i §c:i ~ N" :e¡'~1 ET E~li II)~ II: ~-Ðli ~!;;¡I l_ ~ I! a~ . jii~ i J!J ¡ III J 2A!~~ "~,jc! §§ I ';Z - i!~ c! III_II. 1.....11.. ci!", :C:Z: :¡ :!!ÍÌ1 c t 'C J '" u J j :a e 3! Q. :s j I III J j j ... t? j ... I ~ 3 III j en .. J I ÿ I f » i i 'ª ~ ß ~ j Q. '" ! ~ i f!! f!! U j :I j j f ~ 3! e " '5 i ::> In a:I Q. It a:: :! I!! i In c: ,~ c: J ! ëi j j j j en ! f ~ ~ .June ¿" 112. ~ ~ '" ~ '" ~ :! 0 P8jlle '" ~ z =;::i >- >- >- >- u f '" .. ~ 0 .. 0 .. II) ~ II '" '" z '" .. !I >- >- z >- >- >- >- ;J .. j fI) 0 0 0 0 0 0 0 ~ 0 ~ z z z z z z z z g i -- O)~ "i .! '" '" .. ~ ~ '" II ~ ~ ~'Sï '" .. .. .. >- >- >- >- >- !.e,S CO ..11: i j c u g e o '5 ~ D.. 'if. 'if. ~ ~ 'if. 'if. 'if. 'if. ~~ëS ~ ~ 0 ~ '" ... ... M .ø .., '" N ~ii ¡ ~ -à!c ;r Ii 1:::11. ~ 1ft BiD: 1ft 'if. ~ 'if. 'if. 'if. 1ft ! ; on on 0 CD ~ If ... c~ ;!~~~ >< ð >< ~ é '" ¡st ¡¡ vi¿ 0 ~ :;; g ....I ~ ~....IJ ~~!~ .... co i~ II) Sib ~ i~ §~ . II) §IA: §~ ,ªa:2"··i a: j' IE II> ",:.c: h!1 ~~ II.~~~§~ '¡~~ ''''2 -¡~:g ~ìggf ~ìg'ãi ·t ,. i 1I.~~~é~_ ~ -~ g.!lf . g -~ ~I~~I J~""~~'I 1.....__~~1i ,¡..~g -'š- -. g . i"'8 !š M~Z .ø 1....."'·-: i'~Ð ~..~~§ :Þ 'f E I:~i~ ¡ mS~~1~ "'iM N~"'¡" 1~~ i~~ I~ ' - '" ~;~I¡ g~ '" a: ~ 6) IX: '" ~iE Jiiií I « Ii ': is a:fJß ~ a::tÕ";~ij ~ M i - 8C/)M@e gøi~ a:f~ ~~~ j t-ii.... !j~;;¡ .3 ~Ii*ji 8-gliúji ø ¡ 1 . il i-g ~~,1i 0::..... .. ø o~_ iC~ I~E~,1~ ! . " §æ~~ !N -it? jl -@a:: ~ -fa: I~:;'i ðlli§ ðJlsÆ ~~i! I'" 8 .. ]~~_! ~~~Æ :;.."'~:!!: £ m'" ¿.. 0:: 0- Il. m ¿....._ æ D.. _.....I"" :i w~J!!~ ~ .æ 01 g ii5 -= ~ { II) "C J " ~ '" 0:: ,5 j I I J9 .. i i! '" ãi == & I,~ 21 J:D I ~ u. 11 ~ .; ~ (I) '" II. 'g i: :e_ m 'I l~ I!! C/) ~ 'j j ø B I ,I w:; ! ¡ ~ ~§ "':& « ....I 11.... D.. m Z¡¡W -g ! ï tV ¡¡: f '" § ~ g .,; ~ ~ ~ ~ E £ '" '" ....I '" e <JÍ J! D.. ~ « i II ¡ :0 ,§ c: ~ ¡ c (I) <i ~ .. 'E! g ::IE :2 ~ e .~ en :> '5 .. -g ~ ] :Þ 0 ,jj II CO ~ U 't> ~ ~ " 5 r! ....I ~ I ~ .~ en c: ~ I ,;;:m ~ ::0 .= m ~ m c ~ ¡}~ .. ~ :g g !: <u. m CO m In iii Agenda Item No. 16D3 8,2005 5 of 32 lone LO, LV JÎ~ r.: r: ~ ~ 0 i ~ ~ ~ ~ Page 6 oÍ¡ >- >- z >- i 13 ~ ! .. ~ ~ ~ ! .. ~ ::I ~ ~ >- . >- 0 I 0 J I I ~ i J i I ~ ~ € z >- c: c: :3 i :;¡ :;¡ :;¡ '" ~IJ ~ i ~ :I ! 0 i .. r: ~ .. i - >- z ~ >- ~ ~ I ..§1: lJí 1;1 ¡ft. ~ ¡ft. "#. ¡ft. ~ ¡ft. ¡ft. ~ g '" It) It) 0 It) It) ... ... ... ... ... '" '" :!!;~~ jl~ ~ z.. ¡¡:< I!~ ¡nUl jl ~ ¡ft. ~ ¡ft. ;¡: ~ ~ ~ ~ '#. ' J '5 § 25)1 on '" It> lID '" ~ ... ~'311 c co ~ Æ~' ~fl~ !I~j i ti; . :.!~ z ~ ~ ~ ~ U), . ...0 il . II)I~ ~ . is .¡! ·m! oi¡~ .~i -. :::. S -... i .M i u. . ~lÒì It) œ I~! t ~;i õ . Q. ~sš F.\NŠ ~Ii~ ~ i~ ~~š I·~ ~ i~~ ~ 0.0 ;( ~~~ I if -2 -8 Jt~ ,i--:l!c )(...~ ~~~i ~~i~ tB~ i ..~ i I ...,J i~ . § O~~~ .elä ¡ .hl i~~ .š! 1.\.. 11 ¡¡~ii o~ o"'i o!~ie jl~' . q~Iß J!d ~~~! c:a () i~t~ (/)~i ~.'" Ii to" t ~ ~I Ujmj ,t;i ii g;i , il~, I 10 ""::'9 !I ~~jÆ ø~t . J ~.i~11I:: i§ti;s ö:j~l 11øl IJil Jiiil llJ§j iIi.f ti~§ ~ j~;ifJ ii-I ,! CIJ_II> D. ....0. CIJ_ II> ::e rl)J¡ S ClJl/)ìf ~ I ;1 Ii .ðj t Ii \fi f z. Z. 'C .~! .!! tT u ! ~i ~¡ 41 g :!! I II) ,j j :1 I I Ii Hi 1 h 1 ! D. I~ I Æ i I/) w Æ ~ ¡ 11 j ! j!1 j~1 ~ J ..!! WW 0. . D. ii! U) U) ~ II:: 11 11 ~ 11 .~ ¡¡: I- ~ ~ if if . .;, '" .. ::J ~ i i -g " J I }! ~ }! 11 c: i i 0. I:L I:L ~ '" :i Æ Æ Æ 11 í c .. ~ ~ CL ~ f . .g e I !! ~ ! ) J :Ii 0:: I:L a ~ i ·8 i I i j j ... j i II CL E ~ !! -o~ 6 .e .5 .5 w U) ~ :S! ! ¡¡: ¡¡: ¡¡: õ: a.. ~I õ... .B 0:: ãi IDD. ID ID ID IX) ID II) Agenda Item No. 1603 5 2 ¡.... E a::.!I :01"" IJ î i IJ i (/ f ¡ "5;;... ii,!~ .....- i¡j 0(0 ..11: g IJ g ~-... ,æ0J #~Q Ii" -æ! ~fB! II; Q- ë g ~ " - .... § oJ _ I- ~ é I "':;: '1 J:I 1M :!2 - ~ ~ I¡<I! .. ..Ñ,i IS ~~i ~l:I ti1~t~ (/ _...1I,,2::¡¡ .. II >- .. '" >- ~ .. ~ o Z o Z ~ ~ -¡!. '" M <J! o '" ;!. 5! ~ o - ~ "r: Ii; "'-' E. ".I!~~ -u. 82' :¡¡-.", ~~ >15 ."$~~ ¡"~~i~ ~.ii~· :j~l~ iji~ ~ti!lì8~~ii i¡i',~ljl§¡ H......~. ......_···H· . - _____ .._ O' . .__. .. _... ...... g ¡, ~ ~ g , A. i :0 C .. 2i t II) "" c æ .. t < :II en ï } " II) "" c æ i "t: ::> IJ: .. .. ¡¡: .. II:: ;¡ ~ .. (j ~ II >- .. ~ It >- o Z o Z ~ :I >- .. .. >- .. II >- ° z o Z :;Î o Z ) c: ::J a >- ., .. >- .. .. >- II >- '/!. ~ ~ ... N -¡!. o .. ~ '" '" 1ft. on '/!. o ~ o '# on Agenda Item No_ 16D3 J me 28, 2( 05 ~ II Page 7 gt 32 >- >- >- ~ ~ :c >- o z o 'Z ... .. >- ~ ., .. >- ... ~ .. II >- '/!. ~ ;!. It) N 'if!. It) '" '#- It) M ~ '" ;!. 5! 'if!. 5! ;!. o - )( ~.. 0""" .ß ::fí o8rb ~ c: g ~ " ;š ~~ Š~!~~~ -..-:~ :Ê .a!>i :;I!. ~ ~ ~ § ....~ ~ '> ':" ·~¡1!¡i i~~.~ !S~ê ~~ 3 ~..¡ j ~~ ð -t~IM~II-i~~Î~ !~~~~. j~~5i.~¡~! ~~~ i fj g ~¡ ~. ~g~ I!~~~ ~~ .£~¡I ~~~ ~ ¡ ~. ... . ~~«i 111 -' a.M- '-'....CO <.... o!!! "'I II::!I j(j;~!fl~~~1~~~I~¡1~1 i~,i ~~~l~ .. a:: Ñ.. ~ c 5 ~i ,,¡ ".s - rn II: (1)'" 1!~I!I~íl~J!§~f!~j~~fl~il!!I~tii~i.1 _", "H"""'_"'_'_ ) c ::J ., ~ J :II VI I .~ w i ~ ~ ~ ~ ~ "ª Q. § '" ::> (j 13 (j ¡;; c: o '" .. i .g 8- " on .f.! ~i .., .. l!-6 0.5 II) ~ ~ !I 1: o ~ ;g tš -- .... --:... J!J .3 ~ !! ~ .3 ~ J!3 .3 ~ ~ ~ ~ ~ (j ê ~ :E o I :E (j I :!2 :E (j .. c:A..... - 11:5 u . ~J.ì II) .. J ~ c: c:s ::I 0'15 8 l~iŠ I!! i .. -.tit II.. jl, e) < go ~ i ~ I ~ ~ o Z ~ >- ~ ~ ~ 5:'! ~ g¡ >- o Z ~ ~ '" ii. '" ~ ~ o z ~ ii. II) M ~ N i ~ o Z ~ '#. g ~ :i :i ~ :i ~ J ~ ~ a. I >- ~ .~ ;S .6 I Agenda Item No. 1603 .J une ¿¡;, 005 ! ! Page 8! f 32 '" a> >- ! ! ~ '" .. >- ! o Z ! o z i o z z: >- !ß >- o Z ! ~ .g .S; ~ ::0 <3 S I ~ I ~ C') '#. I/) ~ ~ - "$ ~ :!l .... i ~.~ fie: ~ :;í¿ t ~ ~ ~f~~ f~~~ ~I~¡~ ""...,1!.. d N§ . .c!! d <'Ii i 2~~ f ~ii~ I~",~ i~ ~!~C') I~-~ ij~~I~-fi j -;~: . . ig~ ~A.t:!~' j$ë5 Q t:<u. ðj~ö> ·:!.W ¡§~<1i !~~ 1m ~~-iIJ!~~~~!j 1¡I!J¡jj!iÆil~l!jí¡¡ ,,¡d .ill . 5 ~ ~ i ~ ! ~~ · U 'c ji! i~~~i0i~ I¡ ¡i jll;. I--a) == ~!~ !~~fIJ¡J~I~!!~i ii!i j,l~. I .. -.--.......... m......... "'"''''_''''' ____ '_"__'m....... ..... ......"............. ___. _._....._...... ..... ....m......._........... ___..... ! ß ~ c: .. :IE i 'C ~ ! tf ::I e A. .1 .~ w i 'j j¡ ~l "011 .. ug_ ~'è;! -i .! .S ð~aß I o I a. ¡ J ~ U) J ~ A. I A. g 'Q š o J ~ ¡¡; ~ .¡ c'!: ) .!! A. I u e '" i! :If ) ~ ~ u ! .. :I: I ,i (¡ J :::I I ~ ~ ~ 'I. ~ w j J ! II.. '2 i 011 j j Ii k.~ ,Saß .... ...... ..... ..... ........ ... .. ..-..,. ____·..·_,·~_._·.....w.··,..·. _.......__.........._....................__ I ~ j a. ~ .æ ~ , 11 i j cr: I- o I rJ) 1 ii: j ~ ã5 f ~ ~ íi) ~ .æ ~ , ~ I w ~ .~ '5 "ë ::0 \I. S ¡¡; ! "'VI"::' .0, ,",vu. it.. .. ;¡ .. ~ .. .. :¡ pag 9 of ji ~ .. .. ~ II z :J"':J >- >- >- >- >- >- ,,:I 01 II ~ ~ II :I .2 0 .. <II ~ ~ J! z ~ ~ >- >- >- .. " ~ I en 0 ~ 0 0 II ~ 0 0 0 f z z z >- z z z ::> c ¡ . "õl" - .. !: = :c <II .. II 0 II ~ g¡ g¡ ~ III .. .. z >- >- >- >- >- >- >- ..1) I ~ g I~~ ;f. ~ ~ ;l- i!- ;f. 8 'if. ;If. ... ." C> ~ ~ ~ -¡tQ N D M 0 ... 11" i 8 N -.!!! <t) .. .. ... g t:, :a. §~~ ;1. ';/. ';/. ';/. ';/. ;f. '¡ft '¡ft ~ ';/. -i!a N '" '" on 0 '" ..., <t) on Q- ~ ~ ~I 13ci Ii g Ii; . iol ~c¡ ~ ~~!I ~~!I -' CD ~ 0... '! ~,~ -: .... B 'rð it ,01 ~sf Sen "'æi ~ g ¡- æi re:82 .~ .. ~Ii~ 'ª .. i ) ~ . l~~~~~ -: 'š ' i~~ '1"'~ '" . ~'Ig~i ~~ð~Š'" . .,J e. ~ j~~~ .5~.~ ~ ~ ~~ ~§B I ftI a.L. N .. r~~ ii ~'~i'": ë.èS§ g ~r I~-:§ ~~~;;·~1 j---n ~~~~ i-'-:~ 1-'~ £-:l:1c ~"f Iii i~~ ) ..... e Ct .- J; §s ....) n~! ~'š""I! !~ . l .. .... F !:& . toIIlZ:- í:& . 0.... I!! .. In í ~-g -(I)CÏ) ct .-øØÞ' a:= is 1t11ét ~ ....1::3 ~ ~liJ~ gÞ~i 8en!:!6e 0.::;1 ° !5en"'@e en... i ~~ j~ .. tfi ~Ii¡ °'2ïi- Ë'2~1~ 1 It ~ i~ to en~" šidl1i ~~-:i §' It '" . ~ i¡)~ ¡ ~~;: a._~t; ijjl¡ J!íli s~~i! 8~1 ~ ð:1!~ljl -<¡~.§ :¡g... j~~i 11)_<'> fl~~ ~rf !:!ii.!.! ° §~ a. ...a. -' .. J . -...-.--..... ....._._~_.__._- .~.__._._- ...... ..----.--...--.---..--- ~. ....-...------- ----I -.. ...,.-........-............. ..._~...~..._- - c ~ it 0 .., ä:j i. ãi c "5 .; j ~ "E J~ i I i .~ .~ i. I .. ~ "ª ;¡ i? .~ ðJ ... aen a. '" ..c ì ä: 't: :e,.J I II) J j ,Ii! i!: i I) ~ e § 01 ::> i ... l c ~ c :i ~w ::I In ::> In Q. In I ~ 0 0 .. .~ ]! ! ß !! g i rn ,~ .. -g .!!! I ....J "E E ::> j ~ .& '" .. c ... .., .. E ß .i! § lIE '" j iij ~ .... 1i È ~ I '" ~ ì en e ... en i ~ 8 '" ~ ð: .. 0 ~ .. ~ (I) 0 ... w ¡ D ! 0 ~ .., G'] > t;j co ~ ]j :§ c w ... u. ¡¡; ... ... Agenda Item No. 16D3 !i i ~! ~ ~·f~ ~~f~ ílll ~·f~ ~"I ~III ~~If II~~ f ~I· § jli~ jjÎ~ 19~~ jli~ Ef- I i~ Eii~ I~~~ i ~ ~~I· liil III1 i~lj jiil jll liil Iii! IN) i~~J~ §~~~~§~~-i«!~l~ ~~~~ ~i o~~~~ð~~_~ Ii I ¡IIi IjjjiÆjjíliji~,¡jiJi~!jIÆjili~~jli~ ""...&-,,,... ....------ ---., --..---. . ...,.,.."...,....,.,..........,. .".... ~ j ii {! '~f ¡J !~! ul I I ~I~ ¡51 è1~i I~¡ -~c I~I .... e ~g~ III f I u IS ¡, J I ~ ~ ti ~ c: II :II! ~- j.1 !I!~ I. i II I.ß .!1 ¿ ~ ~ .. J ~ ~ ... .. .. >- .. .. >- o Z ~ i!- It) f'> ~ ._~~ i- f. i '0 !) .!1 8 ]I '" i ~ ~ .. ä: j ... ~ :! >- ¥! >- ! ';1. on t') ~ I i ~ I I 'ß ;S :8 ~ æ ! ~ o Z ;¡ >- ~ .... 'It It) .. ~ ~ ~ ! 'i/. o t') 'i/. It) f .~ ~ JI ~ J ..., ~ J ~ ¡:;; M :; >- ! o Z ! 'i/. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ I i j ~ 1; I ! II >- o Z ! ~ ~ a; Agenda Item No. 1603 8! >- lun LO, .::Uuo p~ e 1 0 of 32 ;¡ >- >- 'i/. N i i ~ '§ o J J I CI ! .. :. :! i j ~ J j j ... ~ o UJ CI o Z ~ o Z UJ e!) 81 >- ! ! . , 'i/. ~ 'i/. .. N ~ ~ 'i/. ~ ... : ... ~ ~~ §~ I~ ~~ .Ht j il¡¡~f f~~ ~ í"~i~ ·n í Jnli Jllii Illii _.__....~~.._'._..-....- . j I%) J " o ~ J j ð.: "'0 ~ .~ ¡ g l- e!) j ... I ¡ 2! .. ä: .E Š !1. j l- e!) l- e!) '~"'-- "'-'-~'- - c:a.._ ~II:.. :o<n:J u:::E .. '51L.. 'i'$.!! e"'š 8:i š <0 .. ¡ ë c:o :0 8õ8 . .!I =;;1:0 ~i" c:.!S~ -...< E ëglL gill: j~~ 0_ ;¿ I! >- go i o .. ~ '* '" ______0 .__'__'h" .. ., ¡:: !i § t; g¡ >- g¡ >- :3 >- ., ., >- ~ ~ o Z Agenda Item No. 1603 'if!. o ... 'if!. '" K . ... .. ~ .. .. ~ ~ ~c: ~ ~ C o~~ o~ø ~~ ~~ LL. ~ p) ci 1) ~C:j IQ -..N - T""'.N· (I)~ (")0 ~~ ä~~f¡~ ~i~ ~~!'~i ~Æ~ ~ ~~i ~ ~~ì¡~ ~t¡~ ~§ògß~§X~ ~s~ ~Æ~~~~ ~q~~~ ~q~~~ ~ .~ ~§.~ 'i\o>il5 .~¡¡¡.. ·is s¡ ...,- oc..--¡:; 8c..--~ .. :;:. .-¡gg jœ"'IZ "",>_E J!í;::--c ."'''' ....0> ""'>- ....- .... ;! § ,g ... ò ~ ~ ª ~ '", g ~ ~ ~ i i s: 8 ~ Ê 12 $ g ~ Ea' .~ '''; å ~ ~ ò _ ~c F~ "'~ ~i- ..-w~~~ -¡"'N8 ~;"'N ~ ~ !œ'" ~i~ ¡6~~¡c~:~ ~t~&~~ t!~~~:s!t~~~~~81~iEgæ~IE > g ~ _~ (.) -g ...J - ... 8 ~ ¡¡¡ Þ .:: i5 Ñ ,... ~ ~ .... ~ ~ I-e c .... §. ~ .t1> 4i (.) -g ~ OJ ]I 0 -g ... 'ü ]i jjilijjji¡!¡~ÆEi¡!fll!i~iI}¡!~~J}!¡ìl§Jijii o Z ~ o Z ... œ >- 'if!. o ... 'if!. 10 3i ii .. '~g§ B~~~ ~8"'"2 ..,a:::'~ ÿ§¡~.a ~~~ã)ð ~~~f~ ....._-.~..~ j .!!! (I) i j ! a. t 1! C ::> o IL. ~ o o ê ~ ii c o "'" co c: !! c: ,....... .....^- -.lL'":; ':'u, LVV. Ii ge 11 of 2j >- >- .. :. :1 >- III ::J ! 11) .e- o C ¡ o z o Z o z .. !! ß .s w " "0 Æ ~ 8- ~ rn iõ E <II " :¥ o Z o Z ~ >- '* ... N .. ~ .c ¡ Õ g i. "C " :: o 1:> '" 'CI e a.. 8 ~ ~ "0 i '" a:: :¡ >- ~ x: > :a >- I: >- f ::> 1:; .! :0 è .. :IE o Z o Z 1 a. 1; ~ a.. ¡f. ;1< o z o z o Z o Z o Z 'if!. Ið "$. II) ~ ~ z .. œ >- :a >- ~ ð o¡i en ¡g - ê! ....!! 8 (¡) ,~ .. ~iò,gi éi\~lBž gllí'f~¡¡¡ Jiii~ i<~@~ ~.~~~~ J5iE¡.:>¡š¡! .---.-.......-.,,- ¡ .ë .~ w ~ (¡) I -~ ¡ i e ~ .a 2! -c a.. i ~ B 'C c. i e a. 1; ~ a. J .~ ¡ IJJ i -, ë ~ ª & ¡ CI.I ~ ... "$. 10 N "$. It> ~ ~ "$. o "$. '" "$. '" 'if!. It> .. . ......-.....--.---.-- ----..-- --.-.---.- --.. -...-......-...-. ~ ~ ... go ~ .... .. ~ <"0 î '" "" (I) g ¡ :J ~ "" C :> o s ri c .. ~ .. ß ::> :¡: -g .. '" 0. ~ 0:: I go .. &:; t1> :J f! 8. (I) ci u 1j :ë CII Co ~ >0:: ~~ ::>õ :I:CI. ci U "0 4i :ë ¡ ~ Ó .E g: ~ ...J .!! .a .a ::> :I: .. C t1> -¡¡; c?J ¡¡ ë ::> :E: '" .. c= " .. ];11: June i~;¡ II '" ~ ~ .. ~ .. :¡ Page ~ II .. ~ :lI::i > > > > t> 8' ! ! ! ~ X! .. .. ;I ~ I > ~ ~ > U 01 .a s en 0 0 C) 0 ! ~ 0 ~ 0 l z z z z z Z Q C i . '6} ii .! ! II ~ .. :¡ .. r: ~ ~ i~1 "' ~ > > > > >- .ti- Agenda Item No. 16D3 J 28. 2005 12 of 32 í vu..'" .. Pag1l1 ,,0... ;1 u u '" WI ~ u ~ ! ø: '" OJ .. OJ OJ OJ :1;::1 )- )- )- )- )- >- >- u f :I '" * ~ II ;: ~ .. '" >- ~ >- )- )- ~ ~ u J .I! II) 0 0 0 0 II :2 0 0 0 ~ z z z z )- z z z g ii !);¡ .. .. - II .. :g II II II ~ II iì) I> ~ >- >- )- >- >- >- z )- ~Q .. ii 'õ! iU~ '!~ .e. #. #. "- #. "# "- '#. #. 0 =ati5 c "' ~ U') "' <:> c g Ii) i~ì ,., ,., ,., ,., ,., ,., N ~ E ~ f 'õ!,go. !ã!~ ù.i ~ ,!! 5 . #. ::s ø: ~~i i1- #. i1- ~5~~~il "- "- 81m ... ... <:> -zg'S "' c '" .fI :IE ~~~ - - 0_ ¡jti:;;~ W & ë ~ t'ié 00;1 .J ~ g Ii; . ",e ~~ . ~fi ~ .. gl . "'s::. _ '" ~.!!:6~ - ~ Ie . o u.. '! :: ... ~ :!. ~ [!1 .; g N..J ãt: ~ '" (þ ~ §,¡ ä", ~I~' -,u... ,t "";;~~ Æ~ i .. ~ ï ii. i5 o~' -; ,§ ,§ :1; , IL~¡;- ~ci ~.: . 'S: ,. . .m f g ~~ g" 1° 'jN ~I~II ,~~~ ~ ~ ~ ~I- ¡~;:¡ . ~i Ê i~ì -.,[~ ~ .:..8 g 81L':~~ -. I . .a .t'? '" .....;!~!i ~;:; ! _ B ...... t"'~B l "'... :!. . ~8~1! 'C ïii~ I¡~~ g I ~ ~ '" ~ Ñi 11 u.. @ oðŠ"'j'" :i I -'" e ¡:: 'I =". I:ï:ëi ~(.);:ç I .., a: ~o.. Q 5"'~@ != Ñ"' ~jiii ~:¡;! 15.'" ~'" .. .~~ = ~~~J~ ~~~~!i cfl ..E{:! ð "@e r~~!j rni~ .1J ~~~! ~;i'í~ ~8"'t:;j '& ~ rti 111._ Iii i ~ "'Ie¡ ~ið~IJ i~:t@i t"'~8~1I llf)~t~ ..~'''' )~J§§ a.._~ I 8~)8§ J:1; £ =:ï:"'~ ~~i ~....,~* ~~¡;¡\'C ~ ~; ~ ii\~¡:U:! :¡;:¡;! :g]:o: WI"> I- (1')_-'''' :E '" e.~~ U)..-\nO ---4 J:! ------i ~----'''--i ----.-----¡ -·------····iI- -..---... .,_"."q____...__....·_·'n··_..··· . - .. .. a: a: a: a: a: g .!! .!! OJ .!! .s .s "" i. ïií ïií ïií ãi ãi ¡jj "C ë é é I é ë ~ ~ ~ i G> .. .. G> i J i i 1:> ~ '" OJ i .!! j .. Œ! ãJ ãJ ¡¡¡ Œ! ~ t gf gf ¡ tf ¡ J f 1 0.. J ¡ J :2 Œ! '¡: j j i I ~ i < ~ ~ G> ,I ~ .~ M ~ "" en en '" II) V> V> :I; rJ) If) .. 1 e I fi , .; c: c: ~ 5 c: 5 '" 0 0 0 0 c: J "" "" "" "" 1 .. J ~ \'C ~ J :IE 2 a: ~ II: ij i!: i!: "" -!! i i!: "3 ~ æ ... ¡¡ æ .. 0. ~ 0. 0. ~ ~ ~ 5 ~ ¡; i'ö :0: :0: '" "'Œ! '" ~ Agenda Item No, 1603 8,2005 3 of 32 --_.__.~---_._-- .. ,.,,., , 005 I¡~ .. ~ g¡ ::I .. .. Page 14 c f 32 .. 0 .. .. ~ 0 - >- >- >- z >- >- z t) .8' <II <II :. <II ~ ! ! ~ ~ J! .. ~ ~ .. >- t) .. i! ~ J! II) ~ ~ ~ 0 ~ 0 0 ~ { c: Z Z Z .>< c: ::> c i "'"1:: 00" - j. .. - :ß .. .. XI .. .. ~ 0 i i >- ~ ~ >- ~ ~ z ~ is <0 .. ~ ë (IIi J ~~§ ~ ~ ~ ~ '/I. ;t: ~ ~ 111.· ~ =~Õ It) 0 ... It) '" .., ~ .., .... '" '" '" N i1! "f ~ ¡¡:< 11. §~CI. ~ ~ ~ ~ .." :1- .." ~ jill:: .." ~!a It) It) It) '" .., '" It) It) 0- 0( o ai ~ Æ )( ogf.ø ::! gf ~ .- -~ . .~i 8~ . GI ~~ã ~~~, >- ët.øJ ~~.~. ~ ..... N . ~ Æ <II) ::E å~ o~. <Ø_N f >;)('" ::E . -:; '" :è re . ...,: {i~ .il 1~~~J itß~ .. f'~ ·i "S: " 0: 8:c ~¡iGl ~ ¡ ~~ it j N~E ~igij i~C~ o ~ ~~ ~ ~ o~- ~~~ ~o~g~~-J ~~~~~ ii :& ()O:..:~¡: Æ -:.~ æ I~I¡ 1~~ãi5:ïi 11.-- uo.....- . '" 0> h~l· . . . i II. . '" CD l!i~{ ~ :s!o>g"'ã .~ I> r~r~I D:~:i! II:: § . 1"n~~I li¡~g li·~ 0.... !!! J:;:i~ . ~_. 0: ~ i¡ 8,Ji l~ (l)J¡t~~ ¡g,'! ~ ~.a ~~ .~j-o gii ,. lI::ii cj~1 !. ~r-J~¡ ~ ~ r-..J ~1~"11 ;jt'i~J jf~.ø E< ~ ~Ii~if-J· il;~JIl Ug~H~ æ I Is ~1 I j fl' ¥ ii~r j§'ªi §5~~f !¡€ §~I ~~~8 ~....;!8... I I ~I~ :t:t '" 11. "'11. w~ .... ................. .~.__.__.~~""'...., ~·~_··m.~......·. ..................- "".. .".................. ...._...__...._..~-- . -.-..... .".··M_~__....~~._,_.., ""~"" '. c J 0 i. ~ '5 ~ is r/) ~ '" -' II:: a: I .II ,; .. ü !! ;:) CD .1 ~ 1 sf .11 r/) .If (I) II. :e "" '2 ]'2 I ~- j ~ j .~ 5 ~j ~ ! « w J '" I. 1- ~ ~ ~ '" :! - "" r/) r/) U) 11. 0.0. (I) ::> II .. 't: > ::J j ~ l~ '" ~ .>< I U) .. , g .f ! 11 11 t! ~ - r. 11 ~ I~ u> i ID i .,; li: ~ ~ .. i .¡ j :¡; (I) (I)'" i ~ ! - ::> ! ~i u ~ ~ ~ I ~ .~ ~ '" Ii? ~ U -0 -g .5 ~ ~ c j~ GJ ~ ID .. "" ¥ ¥ ...J ...J ...J Agenda Item No. 1603 ----- Agenda Item No. 1603 .. '"'0 '"'''''''" ... Page 1_~ of 32 CD.... II> II> II> .. ." :: 0 ~ D: .. ~ .. .. .. .. 0 0 0 ::sUl::J >- >- >- >- z z >- z >- z c::& 8' II> ~ ~ '" '" II> II> XI '" .. 0 ¡ .. ~ .. .. .. ~ .. >- >- >- >- >- >- z (J .. i c: c 0 0 0 ~ 0 J 0 0 0 0 0 b" z z z z z z z z Z '1: c c 0 ;;:¡ ;;:¡ C i õ't: ¡~i '" II> '" II> ~ ~ ~ ~ 0 ~ ~ ., .. .. .. [~ ! >- >- >- >- >- >- z Z Q. J! .s 4(Q ..!ë J ts ., C :> e ~"õ~ if. ;II. ;II. ;!. :o!: ~ ~ if. ;t. 11. !;t.õ It) ... It) 0 E 1; :!! It) In It) 1; M '" M M ... ., M ., ¡i'- ~ fj C .. -¡¡:~ 'I: Q. a. e ~ ~ ë,ga. ... 00 .,~" giO:: '1i! ,. c if. if. ;f. if. ;t. ;t. ;t. ;t. ;t. ;f. ~~~ ::> § .. In In ~ 11) ,., It) ~ '" N 0 ;!. .8 õ_ ",00 :c ;;g '" x c-) r:£ ri¿ rij ~ 0 Ÿst [ ~é Ii ~ . ... In ~~~~ ~ ~ "'<= ~.5!:!!"ê '" . 'i : 'S; 814.· . ~ .~~ rh .. ~.9l"'o -. ... § .!!1ri U c ...: å (I) .,;~~ ~d::ò! It)~d:~ ~'S.;, ~-'~ .5 ~ . 0> . 1!0:::=æ D:¡ ~ ~ ¿ llitíg'§ ,'¡; ¿ r:: 1"''' ~-§ Egš 1'" " . I: ... :g il~~ .14. ::E ~gò,g~ g ~~ 11.~5gË ~ ~~ ) ,.,. Q ~~¡~ !:LJi . '- B .. II> ' ";; g , - 14....81- Û:.: m 0 .- ..., 0 th -. g . 8 N,...: c2!!?ù i:~~ -.'S 8 j ~ . . ü .~.,. ; 0 á! ~.~ ¡¡¡ ~~":-~I .,~ " i:~~ U)~~~ ,s :; ~ j:-:é .1: ~ ::s'" ~ 8-.-§ !i~ i ó:;j i ~ ~¡;'T "'. oðD:~11. .. ... ¡:: ~~ë5 2~ãJ¡;;- 0:: Ó~~I!! ¡g 'i ifië5 !~~ Q ÿ.§~:!Jj ~i~~1 .I:o~" Ii ~. (J tñ.~ 4J a:~.!U c:!~i ~.. 0:: ~5 8U)M@e i~~i 0:: ~ - .>< i~ri 8(/)'" ~. ~~ 5U)",e.é 8(1)~@ ~~Š ~~re~å r(!~' § " oJ r- jji~ h "t'....J u.5 u-goJ~ -g-,~.e !C\L $: tsCL&. ., I¡i~~ I¡j¡i N. i3 i!:,I:.; . ~ . N- Q......~== ~i@~ i¡ll~ i ø. 10:: it It> . =16"';:~ 8~)Š~ Q> .~ ,mJi.m "'-gg .. C)N !¡~ =......II)C!. ~,,~ ~.. ' ~ ~.- tL&.L&..ED:a. CI)~~1ri ~ <.J~c!8~ '.B~co a:a... t.LO 0 WM_I" 11. "'11. Q. ",a. UUI C) ::& ",C) -.----,.-..-,--. .---.-".'-~.~..~ -_.~--_..._--_...-....._..._._'.... ,.._.~~..,.__.-_.._--.. .._~..,...._.~..--_..~- -~._._-----.- -·----rr- " s II> :! <II <II <II ~a:: ~ '¡: '2 '2 '2 ~~ .!!! 1: ~ "' !!! !!! c U 1š ~ 75 _m f .. '" In aI ~ . ! .!! ë ! ! .i ::r: tí èñ OJ _i j ~œ .,; g C ::I I g J~ ~ ~ -' :S1 aI I CI). ~ IL ~ ; ui -5 '1i! .,;:§ ~ aI .... .~ !!J ~ j .E ã) fIJ ¡ ~ "' ~ .. UJ .9 0:: :;; ~æj iõ ~ ~ II , ~ ~ '" .f:£~ 'C a: ä:i iñ iñ a. J) c oJ II> C E B .!! <II .~ .. Q> J) .¡; ... ~ ::> .. U ! 0 c a: If) S -' .a -' " ñi II> ~E c: Ii .. 'Q 1 ::I '5 E 0 .E ~ .!! _I 5·1 .... .. ~ C ~ ~ c ¡ E ~ -' 0 .~ CI) i~ .. .. <.J ~ ~ I 5 't: g¡ U 14. .~ .>< '" ... go CI)" 01 -Š CI) ~ a: )( ~ ~ .. {!~ Q 8 œ :s ~ ~ -g " " ~ ¡ ~~ ~ '2 <II oð .. ~ ::> :> :::; ::< :t :¡ ::< :¡ ~~ ¡I~ u '!J} III I~I l~ìS _i¡ ¡¡:c ~~~ ji¡ Q,@ c .f ¡ u i II) f :I ~l~iE u .... e"¡:: ::j~~8.§ ã¡ i«~I·:!.9 j iii,1I) ""': I/) ð Q ~ ~~ ê~ li~f~~ 11~~i~ ::f~~2!E 1--,....----.. ..-..-.............-............-.... c o ~ i:i :I Q g ~ ~ f! ti 1 :I ~ ., II >- = >- .. ~ i o Z II >- II >- ~ ~ '" '0 .æ:- ~~·!!!5gti ~I!!""g>i..i o ~ ~ '2 '5 j t...R é ~ ~ i XI 0 >- Z i £ ~ ~ "J! .... '" ~ ~ ~iš ~ ~ É d "I 0""':' I .. 8 0:...'6 a:!i ~ ~ ,II.J :- ii-:'~ j!,i..- 11;:1;· !~ '0 .-s:! j·t· I-!~ I jl~ 1'0 t! N' ise.x z."-~ ~-I E ~~!!. J~I¡iªiM i!¡I~ _ M M h . _ M . M~ _ .......~._.,.,.."..,.... .____....~.,___.. J ! I ~ c: i ,~ ~ t! j i ~ (.) ... ... ~ g l c ,g ~ II: 16 ~ ~ 1 ! j 8 '" ::> :¡ ~ {!. J ¡¡ c o .. i U) (!) CD Z Agenda Item No. 16D3 ~ ~ le LI:I, LUI 5 1. ge 16 of.¡ 2 ~ :¡ >- I ). .. .. >- ~ ., ~ XI >- XI >- ~ o Z I ::;¡ i £ o Z i i ~ :I >- '" I> >- = ). ! ,f'" go £ ~ ... ; ! ,- jiild~ Q.~ ::;¡ .,. ... ... .,. on ... "J! ~ .,. ~ .,. 10 .... .,. .... 'if. :5 ~ ~ .,. ~ '#. fI. .... It) 4~1 ~~ ~I ~fi! -~~ ~flB æ~ i IiI;. ¡1!f~1 :Ii~ ~!JII~Ji~ ¡I,I š"'sm :s~ ~í~1 ~~18 ilñ1i j~~ a:!~I~'~¡Î 1ð~~!ji~ ¡¡ ~~~ill¡ ji~ !j J¡itIIJiíl¡ljilliílii'~J I -fJ-- - ~--t II ~~ )1 II U I i II il II I ¡J ~ l t i i .!i! to ~ J § c '5 ~ j o (.) .g\ :i t! ~ ~ j j ~ i i ~ !~ lå ~~ J I ... 8 I .. I!! ~ U) ~ æ .' ._._..,<~ h'-"-_<,, 1::1I.' ;j I!!I ¡- !5:1..J U 'õã.. ¡¡:so! >.a¡; e ¡¡ .. 8:.!! .E <0 ' ;j.. ë85 i'õB =~å Ii" _...11 ¡¡:< '§~II. ill ¡ 0.e::E < go ¡ u ¡ ~ f o c: i ~ , .. .,;~:¡¡- ~~E .. ... 88 ~ ðe.gc: .cm··-Q) "".!! ,~:s > .¡::; 0......:.1 ~ o O:~'a.~ J..J @'S¡ .E .... .e .( Øi~~ ii:~f: £ c: o ß. 'I: ~ .. o tí :s è 0- o Z g¡ )- ~ "'" c: => ., ~ ;!!. '" '"' ;ft. o ..J ~ ... "C o .. :- 4i'M te gsN(,) ¿g-gæ ~~::! ::> IDO ' þ-'Nr;:: !!-¡'¡'5! o õ ~ 1::) (,),,~ gC:8~ -1!!!iI-'É ~ð";lI> '~ ... 'E ~",~N cn....MlS o Z '" G> )- ., G> )- Agenda Item No. 1603 I. r'\n "",....,.. ~ ge 17 of 11 >- )- '" II> )- S! )- ~ o Z o Z .. .. )- S! )- '" II> )- III G> )- .. .. )- o Z III II> >- := )- .. II> )- o Z o Z o Z o Z o Z ~ o Z III ~ III ., )- '" II> )- :!! z co .. >- ::!! z o Z ~ ¡¡. o ~ ~ N '# II> M ;!!. '" .. i e II. l> ~ 'C: II. i ]; 1 II. j II. 1; ~ 'C II. ¡¡. o ¡¡. .... 'I! ~ ~ . It') '# II> ~ II> ~ ~ 1! >- J( o...J .gn è C ~.E ",II... g!g5~ ~ :t~lrie !i.!! 8(1)¥":¡¡ a:i ¡¡;~&.:.:: ~1ò'~f~~&~~: i~~~ èiS~ g:zl.....:.:- ~ãi è~¡'¡ ~. o to ,.... (J).- en 0 """11- ~~~~~ ~~~-i~ ~~g. II> Q ~ EI= 2"'(1)0> 0: ;:!","5 ~~.~~"ti& ~ :5(1)~¡E JI: g i! § ~ 0 N ¡;-.... () ~.......- li~Iii1i~tJij]jii .~ otcb . I .fJ ~ fi g> ~~~ ~ q ~5~ & -2 Ë ~~~ '" 11.-' ¥O:::E i III: Id~":~ i~! ~~&g~~ ~~~~ 8O:~~~ ~>8 ~.....:~~= ~~~¥ ~tg~g ~§¡ ~i~~~~ ~0:~1I. ~;v~8 51'" ~...(I)~¡a: f .§~;¡:8~=~N~ g""~ 2.; .~~~ t~;ið~S~I~iu~1 ~I]~.~ A-;;~~~fi..~lit~~ ~~~~j;1~ ~~:~.::>=~~~c:~~~~~~..:~~~ œ_~CO%X~Ø~~~~~~~~~~-~~ ., ...-." ._.,_.~.__._ ------------------;1-- ---.----. __..._...·.M'.. .-.._..-..,. ....~....~. ."...-.... .,..,..-- -~---,_.__. ----.-- ãj "'-"-'--"~-" c; ~ ,9- .~ w f ~ ... c= :;) g¡ :~ ~ « .t! (I) I .~ w Æ :i ï: ~ « ~ I/J -rI ~ Q. '5 C' ~~ a.. a: I!! ~ Æ (I) J!I I (I) §" ~ -' ~ ~ ..J j CL 1; ~ I t ~ A- 'it o ¡ft. Ið Gi .S ~ > - -. § . § ~~~ . '~~'î' .fJ .'S!....~ (/) 5~'2 ~O:~I::! ~Iij~ ¥o~¡ffi CL...~if!'! :;~..,~~ ;:!I!cc ........-,......-.-..-.- i ~ ~ õ: ~ ~ ., i! ~ ~ ... CI) .. ï ~ ~ III .; U ~ c; .E gï í ..J '" ..: ..J ~ E j iõ '" þ ... iii " ê :5 I '5 ~ ~ g c: '" .. CL ::E ';;; ,~ ~ j j ¥ &j ~ :i (I) ! ~ 0- 'C '0 E I ! í c: c: ::> " 'C .. Cf) (I) ~ ~ c: 5 iõ l! II> .. :E ,'" >- ~ ¡¡; .. c= E .. .. õ e " ::> 'è¡ .. ë: ä: ë: õ: A- Il. 0 0 a: " ,^ ,~ Pagea ' -':''"''"' ill!~ 0 I: e e ! ~ ;¡ ~ 8 of 32 :I =!i:J z >- >- >- >- 0 f ~ ~ r¡ ~ ~ ! e e ! :I :! >- >- .. (.) I 0 ~ ~ II> J 0 0 0 0 :! f z ~ z z z z >- t: 0 ::;¡ c i ~It ., ;¡ OJ II IJ ! II .. e ! ~.D= ~ II Q Jlj >- >- >- >- >- >- ..~1;! .. .!! lì :5 c: :0 f ·8.r·~")~ 0'158 hlji!i !§ ~ ~ ~ ~ ~ ~ ;e ;1. !~iŠ It> '" It> ~ ~ ~ '" J~! ~i t ~i-l~ '" ... '" P> P> II. E ~,..gt· -;.GA. "'5- BJ Mji "#. ;e ;1. ~ ~ ~~8flll ~ ~ ~ '" '" :: :: It> ~ õë ~~ æ '" ~~ ilH :f{ !i ri; . :2& ...l dJ ::! ~ . g ~ . .~i ~~ . 0.... '!!: i ~ s -..= ft5 . ¡ S ši~:oo: - ~ Š ~~ § ~~ 8u: . ::I i!f~ i ~--~ t i~ ! §iŠ- . .., 'D ~tí ~j~i f : ~~ I ~Ig§i . u.. "":' II ~ ß ~~ i~. ~i i Ji.¡ ()a.:~~~ j~~ :s! ~~gt: . ~- I ~..,~IE Ifi~Š- i~~ S .,.¡'- ~ t..,:§ r h!ii II: i Inti "1 o~it! l~~ l ,!~Ñ"i Hi ~ a.: :;;:. () if~1 'Ii! ... .'" 18 i~f¡ ð(l P>@j E < e. ~"'l-' :ii ~3:~ a ~~'õ z.§J jili~ Jn~ I il~ I I§;i ~ )j 51) til~ ¡ Iii» jjJI~ I~~g ~~i~ ~:c~m~ (l Ji ...l (I - ...Jln ::I '" '-'-"~-~_._-..- .._---_..~,....... "........... .~.,_.~---~..._... -~.__.__._.~.,.,._" ....~·.·_.'..H·....._"......"" .".,.--..--. .. .....,....,..,....¡!,..." _...~-,.".=:7~ï """""""'''''''''''1 ............."..... .. . ,-'.'.., """. . "'.",,,. ?.....-.,., ,. .",-.... c: ~ i 0 ~ ~ t j :§ :ä i : a. A. ~ Q .. j j J ~ J "" I (I I .... :1 I!! [ ð3 i a. f f j J J '5 I CT (I Ij ¡ J -8 .: ~ CI) I:D (I a. (I ... I -8 OJ ~ ~ ¡ t ~ ~ ~ að ~ .! i 11 ô ! i :0 .5 j . c: g í ~ I J :I i () ~ ::I £ 11 j UJ Æ i 1; ~ ~ J z V) U) Cf. I g I 3 Q D. III .~ i () ~ ~ ~ Ii ~ ~ .c:: œ ~ CI) Agenda Item No. 16D3 _~. "~m.._~__ lUll'" ""U. ' ~¡i 0 '" ... 0 ~ ., ~ ~ ~ :Jage 19~ f ., . . e oJ z >- >- z >- u 8' :! ." g¡ ." :!J :: .. 0 = g¡ ¡ '" '" GO Z >- >- >- >- >- >- >- >- >- . u .. j ~ 0 I 0 0 0 0 ~ ~ 0 f z z z z z z c: ;:) .E :IE . ~- ¡~& ." ~ .. .. ;¡ II XI ! :! ! iil '" ~ ~ >- >- >- >- <Q ,. 8 ~ J 8 u " ¡~i ;e. ~ ;; ;e. ;e. II. #. '¡J! #. '¡J! 0 ... ~ g ] ~ ~ <:> on =~Q ... '" N \I') ... Ii ¡ ~ -æ< II. E ~,gll. '¡J! ';!. "$. ")" ~ 'i! '¡J! ;e. ¡/. ¡/. '/1. 8 I/) It) It) It) ~ II> It) ~ 0 10 It) .!! :IE '" Q ë ~~~~ -' ~ ?: flië Me oi I~i ~ -' ~ .hl g.£!1 ~"- '., . .. ~~~~ ;g.£~~ :j 8"-· ~~ 'šd.~ ...R §~ œ~~ g i . "'~cI>~ -. ~§ ~18jg 4U i r~-~ .~ .. ~iS j~~ ii~~ ~~15~g! ~ ~.~ g ~ i g ~~ )i~~ if. ........ I'¡" ~~g~ -: ~ . . 8' I-~~t'i j~8 . ,g ~œ~l~ g -å 15... - ã . ,... ~ "'.- ~ ~ ~ l~ ~e.B ¡ . ··8 1l~~ .... -... I§¡ ........ 0...1 11g· aj O:~,ª D' ,..... ~::J j¡~~~ hg Q Jiili ø: ~. il l5ðJa! ~i~î" "jihi ~!! I ~-¡ i~!' 8VJ~@ "i~ O'>@e Inn 'i!-'-j D'T 'ª iëD~ " ::! j¡'-'. p~l~ 1i!1i1:i ¡e"- ~ 1<- i ~ . f" i ~ .10. ~ E '" ...·1" uií ~ =gC'>'~ j ~~t¡1 I~ji Ij! i :a~ 5 ð~J8§ :0'> ~ W<,,> I- II.~~~ ~~Ii!~ i ~ Ii .e: Ii! a. ~ïi'Oo:: ¡ .__.__ø_." ...---..---..--....... .._¥_._._------~ -.-.----. . . _.......___d_.·_······· -.......--...- ..----.-..-.--. "-7~r .----_. ,-- .., ,-. ", ............--. . . . ..... ......- ..... . t ëD 't: ~ ¡ 8 ,,- e I I .. J g I ~I ~ .!!! J è t~ :> ~ " :0 en (JJ VJ Q. ¡eW " 'i! '2 'i! I (JJ Ji ! i j j ~ f! GO i i i '" '" Æ .c: :<::: co £ .!!J tJ1 ilia¡ II. II. a. en ~ f! ¡:: .. ~ j ~ ~ .c: VJ U i e :I .5i I t! c II g <J ~ æ :It ." .5 .æ -¡¡; .. 8 ~ J/Î i ! :ø ~ ~ .~ e 8 " 5 tn :! 1 .{g .{g E '" :> i GO I u w " ~ £> j i VJ "- J '" 'õ 'õ l: .c: "" VJ V> VJ tJ1 VJ (/) CI) Agenda Item No. 1603 005 32 __...~.___._____·_·_·M.....··_ . -~....... ~~ ~~ 5 "-,~v ilL_ ;¡ ~ ;¡ !II '" ~ " ;¡ paj 3 20 of!! 2 t:It:J! ~ ., ~ =1-' >- >- >- >- >- \J 8' :! !II !II ~ S! r¡ II ~ !II B Ii >- >- >- >- >- >- >- >- .. 0 " ..a ~ ~ S III 0 0 0 Ii Ii .. 0 Ii t z z c Z ~ Z "'" '! c ~ ::;) :::. õ¡.. =.0,1 ;¡ It) ~ ;¡ <II ! :ß ~ ~ ~ '" '" i 1; ~ >- >- >- >- >- .!,S <0 'Iii J J .. 0 I~J! 11. ~ ;¡e ¡f. ¡f. ;¡e '/. :>!! ;¡e a. 1 0 îi .... 0 .. .... I/) 0 .. š.-ec .. N .. N '" '" '" N ! 'i Ii ~ ~ -~~ 11. a. " g :1i ! 1:!'::1L "':"6 :Ii :>!! ;¡e W 0 .- aig¡ . ;¡e ;t ¡{: ;t ~i8f~li ~ ;t J! ::E £ ~ on ~ '" £ C') c_ ~:;; ¥ ~ < ,~ ~~!I . ¡g :f ~ vi c oJ Š Ii ::i; . ~~ Š~· 0'" Š ~ §œ ~ ~": gÆ ..0 . ¡ é .... . Q . ¡g i g i . -. ... S '":.::1 !! 8 cD ~ => "ªIt:~ It:¡ it ~ o~· -: ~§ '-N~ c: ~ . ~æ i5 o:~t ..- tI) iS~g il~~ ~~ ~~~~g~ ili~f j...e!. j. :~ ¿. .. Jì~§ -~ if ~ i~~ ~jgg~ s . g . j~g i i~~ :I i-'--:å ~~~c ¡¡~'~p IT ~ ~ I~ .Q . ..,;!: ¡,; .oJl ~f 1: N'"Æ .s~::I &x~1 ...... i oGlt:~~ ~~ . ~§I- ~o =>- a:: !! . JIII¡ 0,.. I!! .. .. c-=~g g-f/)'- ~~ '=: I ~ ~ '1" ji1 0: ~. ~ Q IÁ~;¡B a::fl& j -!! .~ " -.l:I Sf/) C') (!)e i~ ¡~ !!' ~ Î~ a::j¡ j N Q 0 tfi& z....~ :: oJ 's. !! ~. m G UB'T ~~iI! ~ Æ..... < Q.~ f~ iN . ð .ij¡.Ø t~E~Jli I!iri tI)~ la:: lði~. I £!¡g~~ Jäi a:: ø ¡ Jõ . ~JJ ~ ....~ò j ~~: ~ I:..g :i ø~~ãJ~ ~~~i ~ai] å.~~~ a:I~LJ.. a. ",11. 11. .. .... .... .Iii It: 11. U)~..J1l) (I.)::~O t! t! =·,,,,,··1.,. .... t! .,.",..,.=~ -=...,...,..."....J.,...." ·:·,,,,,·:·,,··:··Î··· =c-c--·:-.,·····t·"···, ..:,.,....,.":.,,&:... .:::-.:==:&,-;-. ......".,.8;;.::-- h_. ....... . . .._._~-.-.".. ..... .". ...... f/) f/) f/) f/) f/) f/) f/) e I i vi vi 1 vi t 1 0 CII j :8 ;0 ~ ;e CL J j J j j 1: ~ ~ ... II 0( ., 0 s s ~ ., ~ ~ ~ ., - ¡¡; ¡¡; f/) ð5 f/) ð5 u '" It) '" 1- -ë -ë 1- ....r ..r II h j i ~ ~ 1l~ I II a. ~.I i.1 !,I !:I 'S ~ ~j $ tI) tI) ~ CII ~:~ ~:~ l~ >-' it' ¡ .. ä:~ .c: Q.w Q.w ä:w e.w ä:w ä:w (I) UJ .. ~ f u u u ~ u ~ ~ u ~ .E .s; .E .E .s; -ë -ë 'E ..r ë i .1 i ¡ it ~ 1l 1l Q ~ S i c .ª .~ .. .ë C>. .e ,g :IE .~ :~ ,& .~ ã. .~ .~ E E Jj S !! w I ¡ w ~ w ~ .s; l l ,.. ~ .5 ¡ .. ~ ~ i ä: ¡¡: 11. .. i I I j ! a. c: c: => :J en f/) f/) en f/) 0 f/) <II (I) Agenda Item No. 16D3 "--..-----..--..--, 'ilL.. E a: .. :I;:; o .. '31::£1 .. "Ii ~ >j- e ~ c....Š ~Î5 ..~§ 5.. S ¡oJ! =;¡ItQ '¡'" ~l!~ '" e 1õ,gA. :I¡!i j~¡ 0_ ¡¡: ~ II >- .. '" >- .. '" >- '" .. >- .. .. >- ; >- ;¡ >- I x <: :;, .. .. >- ~ '" ;f. 10 ~ ~ g ~ . ~~ g ~ . ;~ ~ ~ ~::E ~~ ~ ~ E ~~ ~ ~ ~ § ~~ ~ ~~ ~~ §;g Ø;I i~_ I !~ - I~_ , ~~ - g;. m;1 ~5 ~CDO XCDO ~.N II> EI ~ ~.N = el § )(CDO ~CDti -eco-ccæ~- ~ Ð i~~ ~ e O-cc -~c ~~~m~-m~1:~a ~ ~ ~ 1:~~ , ~ ~ m~'j-~ ~~e ~d~~e!d~ 12-:;'"' 0 ",õ·g -:;'" !:! >. .g ci~ I!d~¡; !!! ë~~'~~~~'~~i<~ ~ ~~~@ j<~ ~ ~~~O ~~ ~~~R~ ~~!~~~f¡!~~ ~~~l~1 ~~~ g~æ!21 ~~fi~~fi "-i·EI'i'j·Ei~<I)i @)a:î"''''l....e''''E @)~1"'S!i.....¡·5......j.5~ jll>. ._&~~I~e¡~ßI:lJ&!~I~~:I~¡"':I~il.~i.i ~~~ ~~~~~~ ~Ø~_0~~~~~~~~~-~~~~~~~ ~~ -. -~_. f ~ o '" II> >- '" ~ .. .. >- .. .. >- '" co >- .. .. >- .. ~ .ª .~ w --.-.'" Agenda Item No. 16D3 ..Il ne ¿ö, ¿uu: 'i3ge 21 of:j¡~ >- >- .. .. >- .. .. >- I <: :;, .. .. >- 'If!. o '" 'If!. 1:1 ~ .B I:I~ . ~ ~~ g", ,'S; ., ~~~~~ ~~q~~ Ji~j~ E«~§~ i ¡ '@O: '6~~~ w~$~ ~ ~ « '" ." '" '" .. >- .. '" >- o Z .. .. >- ;f. ... N ¡J!. 10 £ ,~ g ~ . -;t;gS ~ ~ co . '¡~~ÿ "'8~,ª 011 a::-A. ~~~IŽ ,,ªõ:E3 ¡; A.~~ I ::¡:¡;:'"' =.......!p Ø)_Ll..C __u_·__~.. . ...u._. ¡ .~ < .. ðj ~ m >- I f o .E ~ ! <: :;, ! c: :;, .. .. >- o Z .. ~ _.~. ---- :g t2 ] ãj .; .. "" I i .. '" m I .~ ILl 1;; ëC ~ o Z o Z !! ü) .. ~ ;: >- .. '" >- 111 ~ OJ .. :>- ~ :>- 111 .. >- OJ II> :>- "i!- ll> N ~ . N , .,. o "" ¥ £ ~ ~ Q. '$. ... ... ;f.. 10 ... ;f. 10 '" ;f. II) '" ~ o ~ .,. It> ¡J!. M ;f. II) ;f.. ~ ;f.. o ¡J!. 10 ;f.. It> . ~ 0.... m :g "'. É ~ ..~ ~"'. ~·i~i~ j~ql~ ! ~~ .. F. ~~~~j j!~@~ Æw~j~ .1 '" j i < j '" ...r Ii: ~:i II. ILl ·..".,.".-.,.t-~.. '" .; .t! i < :1 '" I- iI ----,~..,,¥,_....~.... --....'.......-."...... . .......-....... .......... -g "-'1:: -ª ¡ ~ -ê ~ ... <: ;:0 I Q. ,~ I/) ó E ~ <: .. ~ .<: 11 ~ .. ü ~ .. 'Š 'c ~ .; .; ~ OJ .. c <: I !! E E :i ~ 5 '" ! !! J!! ä '" .. .<: ~ ." ~ ~ ~ ~ .~ '" .. '" <I) .~ < -< '" ~ ¡;- ¡;¡ að oð .. i ~ V') '" ~ I g ~ u ¡¡: D: -ê ~ ~ ~ g g to ::> :I ~ '" ¡!:: 5 5 E r.n '" ~ I-' I- :;, ~ .-.. __.h_·'.· ... ,,-,",,'0''''-=_-='-. c fI co. ! g ! A. '" ~ ~ ::E "0 <: .. ~ 0: 11 ãj .; .. ~ ~ < II "" '" e i ::E ~ '" ~ <I) .~ ... 'š m Agenda Item No. 1603 L ,...,... "'tV,,,. Ii!· !ß 0 ;¡ ~ 0 0 ... .. ~ Pa.~ ~ 22 of 32 OJ ~ Q ~ ... =¡::ï >- z >- z z >- >- >- u J ~ ! ~ ~ ;¡ ~ 0 ~ ;¡ .. :: ... s z '" '" >- >- >- >- >- .. u 2 ~ J c: c: .. 0 ~ 0 ~ 0 0 0 ~ ~ ~ 0 t z ~ z z z c: Z "" "" c: c: c: 5 g :J :J :J i ~Ij¡ ~ /IJ 0 ~ .. '" ~ '" ~ '" (: '" }II ~ z ~ '" ~ '" ~ >- >- >- ..Ie¡ J .¡ f; e '3 ... ~ ~ ~ 'if. 'if. CI. CI. ~ 'if.. 'if, ¡f. 'if.. .,.14 0 .... 1; i on on .... on . i~ ... N ... .... N N on on co .... -æ~ ~ CI. CI. 1!:2 'if. 'if!. 'if!. ;I. 'if. 'if.. ¡f. ¡f. 'It. 'if.. ,¡!. ;;ft "'}II) :£ .... N .... .... .... 0 '" 0 ,., It) II) i!o:' N = 0< ~~ ë ..I ~ ~fil ii Ii.: ð~~1 ~ ~ MI OcÞæ ~.i!~~ ~ on 8L1. .., ~I~~ .~j ~..II CIÍ~~ .... .!!:J ..., . ï';':': ...i s~ .~::¡¡ ~j~~ CIÍ~~ ~'$a, f~i ~ : ~~~ i) "~f ~Iî~ ~gg j ~~ ~-~ .LI. ' ~Iå ~16 ii~! ~ ~ -... -~ ' j~ . j ~~ o~,.:1 fìlg . &... )( co I:! . I . ~~lt .~ 8 . i . ~-:, ;t ~;::¡~~ . ~ . c.:...:~ .a I~~~E r-:¡ cß-:·- ~ liil ii~ j . -: S !Jgi I!§~g :s dEl ,~ i .'" ¡:: .IR . 0... å ¡:¡¡ , ~!:i. ª ~~ ¡I! .. ~Ii~l i~' ¡ï n: N. CI. ~. t) is oC/)....is II)~¡ i~r~ C/)~¡E C/)~¡ !~§'~ 0}1..1- }1~-~ °"8ïi-j ð~~ t)1!~¡:¡ï¡¡ i~f~ i~-~ o ! ïi .. ·i ~ a~'j Jiiil j<-" N- jjíl~ Ijfi~ '@ ~ jjjl~ .fl¡.f Jjli~ 1·E·â gæ . .IJi.i í~ ~.~ t~~a: .)(~ ~ ,- J ~.œ !š!¿'~f w~.!!¡.;. CI.~....o.. :.¡ß,.,~ Q. ,.,0.. 0.. ....0.. o 0:11 ~ :r:r~:g ~ II) .._.._~_...-._-_..._. _._-_._-_.__. -,. -~..-"_.._..._.-._....._..- :·".C.· ,'·W" . "'::':.;.r::;:::~ .-..._-,-~~_._-- ,. ~-" ..~.."-~.,, ~.__.- -,.. ........ ..' . ,,,... ..... ,...-.--.....--.. -"".-."-"'- ...."....... ... ,....--.. . . ...-,_. _..._..,~".."......-- .....__... ..m. ."..... ....' ""......,....-.... .. ._... ...-.............. J .I :::J j air ~ t = i i J :ø g 11) j i : .ë 'É ( ) I I :::J ~ .. ., ~ ;:;J ... ~ ;¡ ~ ,i I U) w ~ II. I ~ ¡; :e Ii 1: 11) j j J ~ .,; ~ a: Ii: ~ 0( 'E j¡ j! jj ¡;- SI ..!! ~ ~ ~ ~ it ii5 ;g it ~ ~ ~ 11) 8 I'D a: f .È .~ ~ ~ l! :::J :::J :::J ., 0 OJ ~ C ~ ~ 'I c.. ~ ~ OJ 't: i ::e J!! ~ a j Ii ;::¡ .~ 9 ¡,¡ :é j ~ :¡ "ª ~ M ~ > > ~ II. :J ~ § .~ ~ .!! ~ ~ ~ CI. ~ j ~ I'D j¡ j! ~ -; ~ ~ c :é't: ~ ~ ~ ~ 5 :::> :J :::> 5cZ ------...,-.... ~'_.~~----- 18:-. ,,¡:;¡ (.) '" õ'1:: _ jo ~ .. - ... - f'C-' c.... ., a..!! .= 0(0 .. ¡ C! c (.) :0 :8~8 ~~6 !¡.. .5.!!~ ... ~jll. sJD: ~o!i 0- =< .. 6> >- II >- >!!. o on ... ~ ~ . . I tJO Ò ~,,¡ æ ~:;; Ë :¡:g: !!!æ:f 1£ ...: ~ 8 ~,::¡ gi! '2 ..2:' ~ ... , <>...1 III I!'-t:0e¡¡¡ , ,~ c .5"- Õ .. lI.~o~81- __.2' .' . ~ )_~~~'i i~~ I ~I ~ @·JSj~=i~ :5~a ~ i. -; i g".~¡;- a: Ë~ci ¡ ~ ¡i@) c a:~"§& ~ ~Ñ'" Þ. .". ¡::J-!!: ! a:~{~II~~~ ®~~~~~ I ~~'}~~:~d§:~~iil ~1~ci~ill!~~2~iM~ª! go ! .. t.) .. 6> >- .. .. >- .. i ~ 'I: o " I o Z o Z ., .. >- g¡ >- ~ ... ;f. II> . - -.,.-.--.-,..-. g t ¥ ~ t " è II. .. :! ë J ,g¡ f/) e fi .; c .. :IE ts ::J "ª II. êií 8 so ~ <II .. 'i: ~ < ,i f/) ~ "ª II. ] ~ .. .. >- ~ .. .. >- g¡ >- <II .. >- ~ ~ ~ ;¡ft. II> ... ;f. o '" .., ~, ~ w'ð.!!!!5oGÌ ~b,...~i-æ~ ~zg'i-3'i .. ;it;;.2~iS. N E .. o Z :¡ >- ;¡ft. '" ... ;¡ft. o o Z II 6> >- o Z II >- ~ .., ~!~"¢ "'" c .. a ~i18 .. " fii .- .. .. >- II 6> >- ';¡f. "' ð¡¡ . :ii ~g &ii 00; ~mÇ .."'0 ~g .....e ~~æ ' O·~8 :t=~~ .... 2! ~=....~ ":'>cIØ :::¡¡ . .":' ¡¡S'S'" 0...1 III ....·s'" "O~.. o.¡g{ ,c~~ .5",: Õ ,g~~ ~~~.Ë d:¡:III ~~~I- ~l - -,g"~1- eq-::Ño ~...:g .-¡§. ¡ e -~š· 811."~,= ....IÕ ~"'''''ã''' .§ g...-g ..,....g~. ~~i ~!~1 ~~¡i¡ !!~~ !iT~~ R¡~ §f/)~@ ~-::J~ §f/)~@ ~ë~g:§ ~ z . ~ (.) '0 .... ~ .E II. f. ô!! (.) '0 .... ~ .; I!! I- a) II> o>:g < .-~~e...iì¡¡~,¡;Nð ~c,,-<>..~ ø-ij'!! j ~ ~ ~ i i i1 ~ i .~ ; i'8..! i ¡ í i ~ I i ~ ~ 'i 1 f/)~~o(.)~Æ8~f/)M~~~(.)~~8~xx~~~~ I ~ ~ « ,11 II) II ~ c ~ « .. "" I/) tJ :::> "8 0: ¡¡¡ ~ ~ ~ i 0. iõ ~ ~ o Z c >- (I >- ~ ~ '" ... 'If!. II> .___.__øø.__._ .. --_..-. ._...- - e .J!! .! f/) j .~ w ! ¡¡: -g III ~ ~ (.) .... .... ~ $ -¡; .t:: en I --_._--".-'-" ~ Æ ! ¡¡: oð € co .. :I: ~ >- § 'ª :> f/) -g I .II a. tJ :> ¥ ¡ B J 8 ~ .. :I: g :! N Agenda Item No. 1603 o Z ""1"'" "-IJ, "-vvv ~ 3ge 23 of 32.. z !t .. .. >- .. !t .. !t o Z o Z o Z .. a> >- .. .. >- .. !t .i e II. ~ ~ 0. ;f. '" .... 'If!. on ;¡ft. II> ~ o ð. ¡ c ~~! iÆ~.~ g~~~~~~~~~ -N~!!!C "CJQj i~ii~~_i~t~ ~ æ·~i~.&l;¡13 ¡~~~Sj~i~t~ §E~~li~ïi~æcf _......._~--._...- _.·.··M .,. ,................ u_ ....__... _., B ~ f/) -g ::J o ~ .!II 0.. B ~ f/) -g ð j II. ~ ¥ II. I ~ 8 ~ co ::I: ~ .. ~ !I ~ :::> II) -g :::> e ~ a. Ü :::> e 0.. ~ :3 ¡ '8 ~ III :I: ~ g¡ N ~ e 0. I ¡ i co :I: ~ ~ N - I~i !is..! U 8 >- 8' ¡ U 3! >- J s w € ~ :I o Z po õl" 'iÊ"!! I~ j 4(0 ! ..it! iU:I õ~ ~Q jii ~4( '#. \to '" jiø. oIl ;( '#. ;? ~ ~ . " g l; )..; i g, :; !~~ ~ ..c:t .Z$::J~ :s.st~ :!! ~ j-<it ,g ~Ñ"; l:g G?'~I -f£ t~]g : (f)~...JU') :E ,_·__.·_.··.M~...... . .. ..~ .~.~..-...:-:::-":'":':" -;"~;'-~-::-~ ":'7""::~"" -..,. ,. .-~... . .---'..-. § i ... . .!; ~ :I ~ ø. ~ ~ :I t/ '2 ~ !!! ø. is :I e ø. ~ IJ J ¡ :!! ~ ~ e t! oS!! " r: .. :E -.-. ··.·.··.~'..R'..,".........~h.. ~ -- -~~._-- ~ - .. _··._,,-._···._··H_.. ... ...~ ._".........,....' -'...,~ ,.....-.- Agenda Item No. 16D3 June 28, 2005 Page 24 of 32 ..... .... ......,.. .,.... ·n·.·._ ~_:"~...~_:--:-._..._,.__.~.. .... .", -'. ',. . , ". .~...- ..... Agenda Item No. 16D3 BID NUMBE«Wi~~ BID SPECIFICATIONS FOR PRICE AGREEMENT CONTRACT FOR PARK AND PLAYGROUND EQUIPMENT TERMS AND CONDITIONS SCOPE The purpose of this bid invitation is to establish a flml, fixed percentage discount from manufacturer's and/or bidder's current catalog price list for the purchase of various park and playground equipment requested by the Department of Parks, Recreation & Entertainment, City of Jacksonvßle, Florida. Additionally, this bid invitation shall also establish a frm, fixed percentage of manufacturer's and/or bidder's cummt catalog pñce list, after applying the above requested discount for purchase, for the installation of various park and playground equipment requested by the Department. It is understood that current catalog price lists are subject to change; however, percentages shall remain fixed. No extra charges or compensation wHI be allowed for installation. RESPONSIBILITY: Bidder shall be responsible for all labor, materials, equipment, supervision, off~oading, storage, and installation, of all park and playground equipment ordered, unless otherwise specified by the City of Jacksonville, Florida. The City may elect in certain circumstances to purchase only materials and have those materials installed by others (e.g., volunteers). These Items will be shipped to a designated location and off-loaded by the bidder or bidder's representative. QUALIFICATION OF BIDDERS: If a bidder utilizes a sub-contractor installer(s} for any park or playground equipment, it must submit a list of Its sub-contractor installer(s) with this bid. Additionally, it shall supply WRITTEN FACTORY/MANUFACTURER CERTIFICATION that it, or Its sub-contractor installer, is an authorized instalter certified to install playground equipment as required by each manufacturer. FaHure to complete this requirement of the bid proposal may result in rejection of its bid. COMPLIANCE WITH SPECIFICATIONS: Bid only on items that meet specifications. Bid only a single offering for each bid item. Do not bid multiple offerings or "alternates·. Bid only on forms supplied, using ink or typewriter, all corrections must be initialed. Bid only new, unused material. CATALOGS AND MANUFACTURER SUGGESTED RETAIL PRICE (MSRP) LISTS: Each bidder shall submit with this bid at no charge two (2) sets of each current catalog as well as current MSRP list .foreach.catalogsubmitted.,·· All catalogs· and/or MSRP lists shall clearly· identify thebicl·numberand -the ---.~~-_..-"_. bidder's name, address, and telephone number. Additionally, each bidder awarded an option year renewal of this contract will submit at no charge two (2) sets of each then current catalog as well as current MSRP list for each catalog submitted, within 30 days of award of an option year renewal. COMPLIANCE WITH LAWS AND CODES: Bidders must strictly comply with Federal, State and local building and safety codes. Equipment must meet all State and Federal safety regulations. The following publications (issue in effect on date of Invitation to bid) shall form a part of this specifICation: A. American Society for Testing and Materials (ASTM): ASTM-F1487 Standards Methods of testing Playground Equipment for Public Use. ASTM-F1292 Standards Methods for testing various Burfacing materials to determine their "crttical heighr (the fall height below which a life threatening head injury would not be expected to occur). Conshohocken, PA 19428. B. Consumer Product Safety Commission (CPSC) - printed Handbook for Public Playground Safety. Copies may be obtained from U.S. Consumer Product Safety Commission, Washington, D.C. 20207. .~ 1 Agenda Item No. 1603 June 28, 2005 BID NUMBER=Sg.EOUIJ;ó~2 C. National Playground Safety Institute (NPSI) - identification of 12 leading causes of injuries on playground. Copies may be obtained from National Recreation and Park Association, 2775 South Quincy Street, Suite 300. Arlington, VA 22206. D. Americans with Disabilities Act (ADA) Regulations for Title III, Appendix A, Standards for Accessible Design, issued by the Department of Justice. Copies may be obtained by calling (800) 514-0301. Bidders certify that all products (materials, equipment, processes, age appropriate slgnage, or other Items supplied in response to this bid) contained In Its bid meet all Federal and State requirements. Upon completion of installation of play equipment and/or playground surfacing, bidder shall furnish to the City of JacksonvUle a certifICate so stating the equipment/surfacing and Its installation meet all Federal and State requirements as outlined in the above publications. Bidders further certify that if the product(s) delivered and/or installed are subsequenUy found to be deficient in any of the aforementioned requirements In effect on date of delivery, all costs necessary to bring the product(s) and installation into compliance shall be borne by the bidder. AWARD: . Multiple awards will be made to any and all responsive and responsible bidders. There Is no guarantee any purchase order will be Issued after award. Purchase orders will be issued subject to availability of funds. ._ INVOICING: Invoices will be issued once supplies are shipped and delivered to our using agencies. At a minimum, invoices must include: Purchase Order number, Item Number and Description, date of shipment, quantity ordered, unit price, unit of measure, and a total for all purchases. The vendor will work with the Procurement and Accounts Payable Division to determine mutually agreeable alternatives to invoicing such as: summary Billing Reports or Electronic Data Interchange (EDI). Standard payment terms are Net 30 days. > TERMS OF CONTRACT: . The Price Agreement Contract for Park and Playground Equipment will be from June 1, 2003 thru May 31, 2004, with two (2) one (1) year renewal options. Renewal option(s) are at the discretion of the City based on the successful bldder(s) performance & adherence to the terms & conditions and requirements in maintaining firm percentage(s) for the following year(s}, within 30 days of contract expiration. All percentages will remain firm for the period of each contract year. STATE CONTRACTS: The City Is entitled to purchase from contracts established by the State of Florida. Should the State establish a . .-..... contract for Item or items on this bid, the City reserves the right to cancel this contract In whole or in part and purchase those Item (s) from the State contract, If In its best Interest. METHOD OF ORDERING: . The City of Jacksonville may generate a Request For Quotation (RFQ), on an "as needed" basis, for park and playground equipment for individual projacts, together with a request for additional services required to complete that project (see sample "Request For Quotation" sheet attached to these speciflcations). The CIty reserves the right to send such RFQ to any or all awarded bidders. The RFQ can define a project exactly (number and specifIC type of equipment required), or the RFQ can describe a desired end result, allowing the bidder to design the park or playground site. . After generating an RFQ for a project, and bafore bidder's submission of its quotation in response to the RFQ, the City will require requested bidder(s) to attend a site visit with City personnel to familiarize the bidder(s) with the site and determine additional services that may be required to complete the project. Such services may include, but are not limited to, sidewalk and/or concrete work. borders, site clearing, site work and restoration, fill, drainage pipe laying, etc. Bidders will be responsible for the accuracy of all fixed measurements. 2 Agenda Item No. 1603 BID NUMBE~~~~ The bidder's quotation in response to the RFQ must contain each of the following: · A detailed breakdown of the cost for the entire project. All equipment quoted shall be on a component basis. listing each component part number and current component MSRP. Descriptions of additional services required, together with their price. shall also be listed, such as freight charges, sidewalk and/or concrete work, site clearing, site work and restoration, fill, drainage pipe laying, borders, etc. · Names of any and all subcontractors on the project, together with their designated work and costs. It is understood the bidder remains responsible for project completion and acceptance by the City. The City reserves the right to reject any quotation In response to an RFQ if said quotation names a subcontractor who has, in the sole opinion of the City, previously failed in the proper performance of an award or failed to deliver on time contracts of a similar nature, or who is not in a position to perform properly under this award. · A date certain by which the project must be completed. · Include an updated catalog, if needed. and updated MSRP lists for the park and play equipment specifically QUoted. The City will generate purchase orders as a result of approved MRequest For Quotations" submitted, at the sole discretion of the City. The City reserves the right to not award to any, or to go outside the contract to award. PROMOTIONAL PRICING: During the contract period, bidders will extend any pnClng offered on a Mpromotional" basis from the manufacturer to the City. It will be the bidder's responsibility to monitor said items and report any that are or will be offered at lower prices. F.O.B. POINT (FREIGHT): On any Request For Quotation, the City will indicate the exact installation point. The bidder must then set freight charges, offering F.O.B. delivered. This price will be indicated on any purchase order issued. Bidders are responsible for supplying all labor, materials, and equipment required for the off-loading and placement of items as directed at all delivery locations. without the assistance of City of Jacksonville personnel. Additionally, bidder will arrange for and be responsible for any storage of materials and equipment received. PERMITS, FEES AND NOTIFICATIONS: It shall be the bidder's responsibility to secure and pay for any and all permits that may be required to accomplish the work associated with the perfonnance of these Bid Specifications. The City will not honor any request for payment of permits. .... . _.~." "------..¥-.,, ._~ .-.-' ~'~ -.----,-...,.-.. --...-. PAYMENT: Price agreement contracts will be issued only to the vendor/manufacturer who submitted an awarded bid proposal. No spilt order payments separating equipment vendor payment from Installer payment will be issued by the City of Jacksonville. Payment for installation charges will be the responsibility of the bidder. Payment for both equipment and Installation wUl be made only upon completion of the entire scope of work and subsequent acceptance by the City of Jacksonville. WARRANTY: The successful bidder shall fully warrant, in writing within 30 days of final acceptance by City, all furnished or furnishedlinstalled equipment to be free of defects In materials and/or workmanship for a period of at least one (1) year from date of installation and acceptance by City of Jacksonville. Successful bidder shall repair and/or replace. at no additional cost to City of Jacksonville, any defects or malfunctions noted during the warranty period. In addition, successful bidder shall transfer any manufacturer's guarantee to the City. In writing within 30 days of final acceptance by City, for supplierlinstaller furnished equipment extending beyond this contract period. SUPERVISION: A bidder job supervisor/representative will be on the work site at all times and be thoroughly knowledgeable of the materials, job requirements, plans. specifications and installation functions. 3 Agenda Item No. 16D3 BID NUMBE~Ø~ JOB COMPLETION: Bidder/contractor/installer will be responsible for all materials received and signed for from date of order to completion of job installation. Bidder/installer will be responsible for clean up and removal of all debris resulting in job completion, leaving work site in neat and orderly fashion at the end of each workday. Additionally, bidderlinstaller will be responsible for restoring the work site to its original condition at the completion of the project. RESPONSIBILITY FOR DAMAGES AND PRESERVATION OF PROPERTY: The bidder shall use due care to avoid damaging all property associated with, adjacent to, or in any way affected by the work being performed. This applies to private property as well as public property and all utilities which may exist within the work area. Any damage occurring to such items by bidder shall be immediately repaired or replaced to a condition at least equal to that which existed prior to the damage. All costs Incurred for repair or replacement shall be borne by bidder. Any damages not repaired or replaced by the bidder within Ten (10) calendar days from notification will be fIXed by the City or its contractor and the cost shall be paid by the bidder or deducted from their invoice. VIOLA TIONS/DEF AUL T: In the event the awarded bidder(s) should violate any provisions of this bid, such bidder will be given written notice stating the deficiencies and given ten (10) days to correct deficiencies found. The City reserves the right to terminate any contract at any time due to any violation. In the event the awarded bldder(s) should breach this contract, the City reserves the right to seek all remedies In law and/or in equity. Failure of an awarded bidder to adhere to completion dates defined in its Request for Quotation may result in no further awards being made to such bidder under this Price Agreement Contract. CORRECTIONS MADE BY BIDDER: Bidders are cautioned not to obliterate, erase, or strike over any printed material as set forth in this bid invitation. In quoting prices, whether unit prices or total price, wherever bidders have made an error, and has corrected it, any and all such corrections should be initialed by person signing the bid cover sheet Failure to comply with this provision may result in rejection of bid. GENERAL CONDITIONS: Signature on bid form verifies that the bidder is acquainted with the general conditions contained herein and will comply \lVith,alls~jfjcationl5' . terms. and conditÌ()r"~ conta!ned In this bid invitation .. INSURANCE. WORKER'S COMPENSATION: The contractor shall take out and maintain during the life of this agreement, worker's compensation Insurance for all of his employees connected with the work of this project and, In case any work Is sublet, the contractor shall require the subcontractor simnarly to provide worker's compensation insurance for all of the latter's employees unless such employees are covered by the protection afforded by the contractor. Such insurance shall comply !~_Vt'~tJthe Florida worker's compensation law. In case any class of employees engaged in hazardous w~ under this contract at the site of the project is not protected under the workmen's compensation statute, the contractor shall provide, and cause each sub-contractor to provide, adequate Insurance, satisfactory to the purchaser, for the protection of his empioyees not otherwise protected. The awarded vendor must submit a copy of an insurance certificate naming the City as additional insured no later then (10) ten days after the award has been made. . COOPERATIVE PURCHASE This is a cooperative purchase contract. State law allows any government agency and any accredited school in the state to buy off this contract without going to bid, as long as It does not conflict with any of their local regulations. 4 -_._._,~--_.- ~002 Agenda Item No. 1603 PRopneß~l r'----- .----......" . D~TE IpROPOS^l# 1-....--·,·· ----...--.. , 6/14/2005! 1942 06/14/2005 16:54 FAX 4073495117 PIAZZA KOMPAN Southeast, Inc. P.O. Box 1217 Geneva, fL 32732 80~-.~~~~_7_5.29 1_.~~~~~~~~~_~6~.~.!.!-X 4.~!..::~~9:?~1 Z._. . ....__._..,,. '0...... .___. .__. . -- - ~ ~ . _._..R'''___~-'''··· . .....- ......- -.' "--" ..--..-. PROJECT -..... ---- ..--....-. ..---........--.- .---....., .._~ CliENT I ADDRESS ....-._..n.._. --' ..-...-. -.-..'--'-.--- Collier County Parks & Rec Dept. Ann: Purchasing 3300 Santa Barbara Boulevard 'Naples, FL 34 19 --- Vineyard Park ' ____-..- ,__._.___.._J I I. -,- ! QTy·I·ITE·~~· ,-' DESCRIPT1~'N' ~ iQI35'--- !~igToYSMet3.1 Modified Villa ..-- \ ; ¡ Q 1356 I BigToys Custom Metal Structure l I I SI-g BigToys Metal Swing, Single Bay. 8' with 85-014 option~ infant seats, set of two - up charge 10 replace belt seats. I 1 S2-8 1 BigToys Metal Swing, Double Bny, 8' ¡204m w/Belt Seats, ¡"ground 1 MBT-314-8 I Metal BigToys Climbing Walt 1 MBT-204 ¡Metal BigToys Tire Swing. Metal Uprights 1 01190 ' BigToys Modified TumAcross - Satellite 1 MElJS Big,Toys ME05 Rock N Cross . Jacksonville Bid ... Jacksonville Bid Discount SC-OS49-03 ¡ Disc Promo 10% 8igToys discount for reference site. I Disc NON·MA T Non-materials discount on installation. I Disc NON·MAT Freight discount Ins\lll1ation ! Outrighllnstallation Fr:ightlHandl ¡ freight & Handling NOTE I Above pricing contingent upon this proposal # 1942 for Vineyard Park being placed to ship at the same time as OtJf proposal 111961 for rmmokalee Park. Freight quoted is for delivery to Vineyard Park, Naples, FL 34119. If distribution of mah:rials to second location is required, additional freight charges may apply. PAYMENT TO BE MADE AS FOLLOWS: 1 1 Purchase Order with return of signtd contrac:t. Balance due within 30 I days of substantial receipt of materials and/or services. Purchaser \ I responsible for all applicable taxes, Please provide copy ofœx f I exempt certiticate if applicable. i (Check payable to KOMPAN SOUTHEAST. INC.) I I IMPORTANT 10 PLE.ASE NOTE THE FOLLOWING; 1. Client is responsible for locating all underground obstrUctions. i.e. I """'''', ""'phon" "W''', ,,,. ,nd ¡d'nt'fy''''' ond m.rl<ing ""m I , before installation. i l I...~· By signing this agrec.~~, purc~~s~~~edg\:s_~sib~~ty _..L..-..-_.-.\ Propo..l good till June30, 2005. ~! ' :"~:::~~P:~~~S~~~h~~': ::~'''~:';;"¡~"'i~h;;;.~ . ,. -pCÈÃS~ Š~~~N:~ETURN oiüëlNAL-i : 5~Ii$Ii\Clt1ry nnd ij 't" h~rel')' (lCCC l'~d, You an: UI.IUHJri:ad \0 do lhe "'\irk ~¡ sp.:ciliçd p~YI'!\CI1\ will he n1:1de MS \'Ulhned herein, IF PRO"O~^I_IS MORC TH^N ONL, I"^GG. I'I.EASŒ , pA'!F & SI.2~!.~ PAGF-. ..o^TE.I?F AÇ,Ç.'''§'2..T^':'CE $ EAC~::-1 EXTEN~ED I 10.499.00, 10,499.00, 32,973.00 ¡ 32.973.00 I 1.060.00 I 1.060.00. ¡~.__... ..-...... .._---' 1.595.00 6.645.00 1.925.00 10.052.00 3.695.00 -3,422.20 -6.844.40 -2,975.00 -1,711.10 20,363.00 6.145.00 NO'rE. TER.MS PO SIGNATURE 1,595.00 6.645.00 1.925.00 10,052.00 3,695.00 -3,422.20 -6,844.40. -2,975.00 -1,711.10 20.363.00 6,145.00 -_. Page 1 .' . .._-- .. ,--- ..... ,_... 06/14/2005 16:55 FAX 4013495117 PIAZZA '. ,...-......-. ....~- ...--- III 003 Agenda Item No. 16D3 June 28, 2005 PROPOS~ , . KOMP AN Southeast, Inc. 'P.o. Box 1217 Geneva, FL 32732 __.~~~~?J~7.52..'U~~z.-J.~2~~~61~L! ~X 407 -~.:!?2.~n ...' i D~~ET~ROPOS~'L II .[ I 61l4/;~~;-1---;-~~; .-¡ '--___. ..1___.... .. _.____' I I L. .....---"--"-.. ..-....----- '-"'-'-"-"--'[ 1- CLIENT-/ADDRESS I :....-- -- .--....---...-.. ..,,,.--- -.. Collier COlli'!)' Parks & Rec Dept. : Ann: Purchasing I 3300 Santa Barbara Boulevard I Naples. FL 34119 ,...- ... --'-' ._-- -.--......... i i ....-.....-.... PROJECT ___..~_~w._·_.. .....-.-... I ···..1 ....__.........J Vineyard Park. -.............--- i 1- ~~.JT;~_~...... . DESCRIPTION ..... I I I to follow USCPSC guidelines and ASTM standards for public I: playgrovnd$. ¡ 3. All pet'mits, ¡fnecessary and any costs related to the permining I: ! proc~Ss, to be paid for by client unless otherwise noted herein. It is . I I the client's :csponsibiJity to inform us of local building codes specific to play equIpment. I 4. Site preparation will be completed by others unless contraC1ed for through Piazza, Inc. Site to be le\'el and fi'e~ from debris. ,5. No resilient surfacing or base for surfacing or drainage stone will be I put in place prior to play equipment installation. 16. Piazza. Tnc. will have full access to the site, i.e. fencing and all landscaping should be comp1eted after installation of play equipment. 7. All preliminary work that relates to the play equipment installation should be completed one week prior to the play equipment install:uion , schedule [0 assure work: can be performed according to the installation I time line. Client agree$ to pay additional travel expenses and/or I storage charges that may result ITom changes in schedule due to I improperly prepared or unprepared sitc(s). . 8. All material guaranteed to be as specitied. All work to be I completed in a workmanlike manner according to standard practices. I A]teration or deviation from above specifications involving extra costs: will be executed only upon written orders, and will beoome an extra Ii ! charge over and above the estimate. All agreements contingent upon I strikes, aocidents or delays beyond our control. Owner to carry tire, tornado and Of her necessary insurance. Our workers are fully covered I by Workman's Compensation Insurance. 9. By accepting this proposal you 8{P'ee to pay any additional fees incurred by your insurance requirements and/or your client's OT 'I municipality's ínsurance requil·ements. I 10. Client agrees to pay J.5% finance charge on outstanding balances . ! due per terms herein. I 1---.-. .... 1.___ , _1._..l __I . Proposal good till June30. 2005. I tOr~OMPANS_~UTH=AST, INC. by ¡ TOTAL $79,999.30 : : A('CliPTANÇg OF I'ROPOSA!.: The J'Ir¡C<:~. ~p<:cifie~t¡"n~ ,ncl oondiLlons he PLËÅ~-Šícl'l AND RËTüR'Ñ'ORTèiÑ;¡:-l! 'I' sa(i~~Clnr) und ~rc h~tcby ac.:cph:d. YtlU arc 3\llhl'Hil.cd ~o Lln lh~ \York 1\5 S 1¡';CI I'a)'m~nl will b. l11~dl: ~~ outlín.¡ herclI'. I IP I'IWPOSAL IS MORI:. IHAN ONE !'AGE. J'l..ëASa I !D'\11L';.SICiNE'.'.(:HPAG~;-12~.'~~O~^C('~:rN~..ç'!, SIGNATURE .... _.. __._..... _..___.......1 F'age 2 \ S EACH EXTENDED ¡ . '1 I ¡ I v- I i I -.,....--...--.....- Agenda Item No. 1603 PROPogÅ~~ KOMP AN Southeast, Inc. P.O. Box 1217 Geneva, F'L 32732 ...---.. ·..···1--···1 DATE ; PROPOSAL # : -----_. . 800-J53- 7529 I ..07.349.5160 I FAX ..07.349·5111 .. ._._.. _....w ....._._........................._.._.. _ _ ....._..._ ._...._ .._. 6/13/2005 196 I ....--... --.-. --- -.-.....-..-...-..-.,.. - ....----.....-. . -.--.-- ... .-. . ".--..'-'. "'--- ......,---- 1 1 1............. PROJECT : CLIENT I ADDRESS ¡-. --.-...--......-.-. .--.-.---....-. I ColJit!r County Parks & Rec Dept. II Artn: Purchasing 3300 Santa Barbara Boulvard Naples, FL 341 J 9 ....__.__ø Immol.:altt Park .-.... , I I r····..· .. J QTY ii"'~- EACH : EXTEN~'~-;;-j !O.49~.00 !0.49~:õoi ."2.97,,.00 .:>2,97J.00 : 3.695.00 3.695.00 I i 1,925.00 1,925.00 I -2,454.60 ·2.454.60 I -4,909.20 -4,909.20 I _ 1.897.20 . .897.20 14.60.5.00 14,605.00 5,564.00 5,564.00 i ITEM DESCRIPTION BigToys Metal Modified Villa BigToys Custom Metal Structure Bi;;Toys ME05 Rock N Cross Metal BiSToys Tire Swing. MeLilI Uprights Jacksonville Bid Discounl SC-0549-03 10% discount for BigToys rtference site. Non'lt1aterials discount on installation. Outright Installation Freight & Handling Above pric:ir.s contingent upon this proposal # 1961 forImmokalee i Park being placed to ship at the same time as our proposal # 1942 for Vineyard Park. Freight quoted is for delivery to Vintyard Park, Naples, fL 34119. If distribution of materials to second location is required, additional freight charges may apply. I PAYMENT TO BE MADE AS FOLLOWS: Purchase Order with return ofsisned contraCt. Balance due within 30 days of substantia! receipt of materials and/or Sérv1ces. Purchaser responsible for all applicable ta.'Ces. Please provide copy of tax exempt certifica.te if applicable. (Check payable to KOMPAN SOUTHEAST, INC.) tt-1t>ORTANT 10 PLEASE NOTE 'rHE FOLLOWING: 1. Client is responsible fOr locating all underground obstructions, i.e. electrical, telepl10ne, sewer. etc. and identifying and marking them before inSfIllI atÎon. 2. 81' signing this a~reement. purchaser at:knowledges responsibility to folIo,"" USC?SC guidelines and ASTM standards for public playt;l"ounds. 3. All permits. if necessary and any costs related to the permitting ! process. to be paid for by client t.lnleS5 othelWisl: noted herein. It is ) the cliem's responsibility to inform us of local building codes specific ~._._, I ~~~y..:..quipm.:"t. _ _'___ __ . ., - ---J :~;:I~f~~~~~:~~::~::~::,~~,~"dli,~~1f -PL£Ãsl s~ë~-~Ñ~~ETuRÑoRIGiNAL ! ~ausraclory and urc "treby lIoucpltd. You VII: uuthol'i~.cl.i ¡" du Ihe WIH'~ U~ ~pedntd I Puym~1\l will be: made a.~ O\lllÎncd hcl'tin. I I~ PROPOSAL IS MOItE THAN ONe I'''CI[. PLEA.')F.. I DATC &: :iIGN E^C'H PAGI!. DATE 01= ACCEP'fANCE '""~. ,., . . ....,.... ........ ............ .......... .. .. ,_.. ....... Q1355 Q1356 Mr::( S MBT-204 I . ackson"il1~ aid... Disc Promo Disc NON-MAT Installation Frcighi/HlIlIdl NOTE NOTE TE.RMS PO SICNATURE Page 1 toO~ VZZVId ¿ttg6tCLO~ XVd gg:9t SOO~/rt/90 ,-"'-'- -"'-'[ -- I KOMPAN Southeast, Inc. , P.O. Box 1217 , Geneva, FL 32732 Agenda Item No. 1603 PROP~~~ ._--~ -_.. -"'1"~" -.,- '.', . DATE iPROPOSAL#, ì 6~;;;005' f _....~-- 1961 _~~~_~3~.?52iÞ.'. 40~-3.~!:S 16~.Lf~~_407-349.S I !,L.' -... .---.,.- .......-...-- ___H" '..'. ----.. -- ...-.... ,.,.- -.....,--..,-...- ."' --.. - ,.---.- '.'.- ·-··-··..··-1 PROJECT CLIENT f AODRESS .-. .....---.-. .' .... .-......,...-..,... --..---......-... . ...--...- ,--,'-' ..-...--..,.- Collier County Parks & R~c Dept. Ann: Purchasin¡,; 3300 Santa Barbara Boulvard Naples. FL 34119 Immokalee Park 1----- j I I .-...........--..-.¡--.-.-.... "---'. DESCRiPTION 5 EACH _\ EXTENDED I 4. Site preparation v.:iII b';-compleled by Othe~s unl;ss contracted for "'1'- - - -1 through Piazza. Inc. Site to be level and f'ree from debris. I .15. No resilient surfacing or base for surfacing or drainage stone will be] I· i put in plal:C prior to play equipment instaIJation. , G. Piazza. Inc. will have full access to the site, i.e. fencing and all ! I i landscaping should be completed after installation of play equipment. 'I' : I 7. All preliminary work that relates to the play equipment installation I I should be completed one week prior to the play equipment installation I scheduJe to assure work can be performed according to the installation time line. C1ient agrees to pay addirional travel expenses and/or storage charges that may result from changes in schedule due to I improperly prepared or unprepared site(s). 18, AU material guarameed to be as specilied. All work to be II completed in a workmanlike manner according to standard practices. Alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and abo\le the estìml'lle. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire. I tornado and other necessary insurance. Our workers are fully covered 1 I by Workman's Compemation Insurance. i 9. By accepting this proposal you agree to pay any additional f-ees . incurred by your insurance requirements and/or your client's or municipality's insurnnce requirements. 10. Client agrees to pay 1.5% finance charge on outstanding balances I due per tenTIs herein. ._"."..__._~ ....~.~--,- . - . . Q!.:...t- ITEM I I ! ì ! ! A.C'C: Ë!)T ^N(:E or PROI'USAL: Thç ])ric~~. >pccith:aliuns ~nd ;ondiliun~ her ill sali~ruclury ;;and UN h.m:Þ) ~~ccrled. Y O~ ar~ (1,,\I,ori~.:d La d\> lh~ ,",on.. u> Spc: . i l'nvm."11 will h~ mudc aJ Clullin.d Itcr.:ln. ¡ If 'f>IHJI>OS^l. IS MORi:.: nlAN ONE f'ACjt::. I'LEAS\:i: I ¡),,:Tr. ~..:,)I<.ì~.~~C.H P^Cì~~.. p^.T~.()I: ~CCEJ··!:(\!'i.c.·¡¡ I i I I I , I ..._-_..~-_....... I I I i I I ~ I i I ! I- ..._.____. .___.____.__-.i..-..... . ---- .--.. ; Proposal good till June30, 2005. : For KOMPAN SOUTHEAST, INC. by I ,....-- TOTAL $60,000.00 I I ...----,.,..~_. . -._-- '---; ---......,.-....--"......---..... ..._._~. -....,...-....... PLEASE SICN AND RETURN ORIGINAL ! I. SIGNATURE "....- -" soo~ YZZVId L1tS6~CLO~ XYd 9S:9t SOO~/~t/90 -,~.",. Agenda Item No. 16D4 June 28, 2005 Page 1 of 17 EXECUTIVE SUMMARY Recommendation to approve budget amendments in the amount of $202,000 for the Older Americans Act Nutrition program and authorize the Chairman to sign the agreement between Collier County Board of County Commissioners and Senior Connections of Southwest Florida to provide nutrition services. OBJECTIVE: To provide nutritious congregate and home-delivered meals to seniors in Collier County. Services will also include nutrition screening and assessment, outreach, nutrition counseling and nutrition education. CONSIDERATION: Senior Connections of Southwest Florida has been providing meals and nutrition services to Col1ìer County residents for almost 30 years. They currently operate three different meals sites; Vineyards Community Park, East Naples Community Center, and The Roberts Center in Immokalee. The home-delivered meals are served to seniors in Naples, Immokalee and Everglades City. The program also provides Nutrition Screening and Assessment, Nuttition Education, Outteach, and Nutrition Counseling. ,~."-.... Senior Connections has historically contracted directly with Senior Solutions, the local Area Agency on Aging. Due to recent changes in Florida legislation, Lead Agencies are now required to contract directly with vendors. This will require that the Collier County Human Services Department/Services for Seniors program contract directly with the nutrition provider. The original contract between Senior Solutions and Senior Connections was January 1, 2005 through December 31, 2005. However, that contract will terminate after June 30,2005, and the County will contract with the vendor for the remaining six months of the grant cycle. Staff is seeking approval from the Board of County Commissioners to continue providing uninterrupted services to seniors for the remaining six months of this grant cycle. This will allow staff ample time to go out for bid for the grant cycle beginning January I, 2006. The meal provider has agreed to continue providing meals and services at the CUlTent reimbursement rate. This conttact will be in effect from July I, 2005 through December 31, 2005. The congregate meals budget is $107,800 and the home-delivered meals budget is $94,200. The County's contract with the Area Agency on Aging stipulates that we must provide not-for-profit sub-contractors with an advance equal to one-third of the contract. Therefore, the County will pay Senior Connections of Southwest Florida an advance in the amount of $67,333 upon execution of the contract in order provide uninterrupted meal services to seniors in Collier County. Any unspent funds will be returned to the County within 60 days after the end of the contract. A budget amendment is required to recognize the grant revenue and budget the expenditures for this program. FISCAL IMPACT: An annual appropriation was allocated to the Human Services/Services for Seniors program from January 1, 2005 through December 31, 2005. Approving this budget amendment will increase the Services for Seniors fund (123) by $202,000. No additional County matching funds are required. GROWTH MANAGEMENT: There is no growth management impact from this recommendation. Agenda Item No. 1604 June 28, 2005 Page 2 of 17 RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the required budget amendments and the contract between Collier County Board of Commissioners and Senior Connections of Southwest Florida to provide nutrition services to seniors. Prepared by: Terri Daniels, Grant Supervisor, Human Services Department ,,- Agenda Item No. 1604 June 28, 2005 Page 3 of 17 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16D4 Recommendation to approve budget amendments in the amount of $202,000 for the Older Americans Act Nutrition program and authorize the Charrma'1 to sign the agreement between Collier COlJl1ty Board of County Commissioners and Senior Connections of Southwest Florida to provide nutrition services. Meeting Date 6/28/2005 9: DO 00 AM Prepared By Date Terri A. Daniels Grants Coordinator 6/14/2005 9:11 :04 AM Public Services Human Services Approved By Barry Williams Human Services Director Date Public Services Human Services 6114/20059:23 AM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 6/14/2005 6:19 PM Approved By OMB Coordinator Administrative Assìstont Date County Manager's Office OHice of Management & Budget 6116120052:48 PM Approved By Gary A. Vincent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 6/16/2005 5:05 PM Approved By Michael Smykowskl Management & Budget Director Date County Manager's Office Office of Management &. Budget 8/17/20052:08 PM Approved By James V. Mudd Board of County Commíssioners County Manager Date County Manager'. Office 8/20/200510:03 AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 6/21/200512:58 PM Agenda Item No. 1604 June 28, 2005 Page 4 of 17 AGREEMENT THIS AGREEMENT, made and entered into on this day of 2005, by and between Senior Connections of SW Florida, Inc, authorized to do business in the State of Florida, whose business address is: 475 Cowboy Way, P.O. Box 2400, LaBelle, Florida 33935 hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: 1. COMMENCEMENT. The Contractor shall commence the work upon execution of the contract and upon the issuance of a Puxchase Order. The contract shall be for a six (6) month period, commencing on July 1, 2005, and terminating on December 31, 2005. The County may, at its discretion and with the consent of the Contractor, extend the Agreement under all of the terms and conditions contained in this Agreement for an additional one (1) year period. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of Attachment "A" and Schedule "A", hereto attached and made an integral part of this agreement. Additional related services may be provided by the Contractor subject to the issuance of Olange Orders as approved in advance by the County. 3. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement an estimated total amount of two hundred and two thousand dollars, ($202,000) based on the aggregate of the units actually ordered and furnished at the unit price as per attached Schedule" A". Payment for the first two (2) months of service shall be made in advance in the amount of sixty seven thousand three hundred and thirty three dollars ($67,333). This advance payment is made based on anticipated service needs. Payment for the third through the sixth months shall be based on submission of monthly actual expenditure reports beginning with the first month of the contract. Final reconciliation of payments and services provided shall be in accordance with Attachment" A", Section III "Method of Payment." Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70 Florida Statutes, otherwise known as the "Florida Prompt Payment Act." Collier County reserves the right to Agenda Item No. 16D4 June 28, 2005 Page 5 of 17 withhold and/or reduce an appropriate amount of any payments for work not performed or for unsatisfactory performance of Contractual requirements. 4. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Melinda S. Gulley Senior Connections of SW Florida, Inc. 475 Cowboy Way, P.O. Box 2400 LaBelle, Florida 33935 (863) 675-1446 Fax (863) 675-6485 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attn: Steve Carnell The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSIDP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Agenda Item No. 16D4 June 28, 2005 Page 6 of 17 7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. PROillBITION OF GIFTS TO COUN1Y EMPLOYEES: No organization or individual shall offer or give, either diIectly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-53, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/ or fiIm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/ or quotes; and, c. immediate termination of any contract held by the individual and/ or firm for cause. 9. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, HiIed and Non-Owned Vehicles and Employee Non-Ownership. Agenda Item No. 1604 June 28, 2005 Page 7 of 17 C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' liability with a minimum limit of $1,000,000 for each accident. Special Reauirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General liability Policy . Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a 30 day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor or Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of Contractor or Consultant or anyone employed or utilized by the Contractor or Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemrúfied party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Human Services Department. 14. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF 1HIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, Scope of Services Attachment A, Schedule A. Agenda Item No. 1604 June 28, 2005 Page 8 of 17 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 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 and year first above written. ATTEST: Dwight E. Brock, Clerk of Courts BOARD OF COUNTY COM:MISSIONERS COLLIER COUNTY, FLORIDA By: By: Dated: (SEAL) Fred W. Coyle, Chairman Senior Connections of SW Florida, Inc, Contractor By: First Witness Signature tTypejprint witness namet Second Witness Typed signature and title tTypejprint witness namet Approved as to form and legal sufficiency: Robert N. Zachary Assistant County Attorney Agenda Item No. 1604 June 28, 2005 Page 9 of 17 AITACHMENT A OLDER AMERICANS ACT PROGRAM 1. STATEMENT OF PURPOSE The Older Americans Act (OAA) Program is a federal program, which provides assistance to older persons and caregivers. General Information The Human Services Department currently provides nutritious congregate and home delivered meals to the 60+ senior population in Collier County. Congregate meals are currently served in three different meals sites; Vineyards CommUIÚty Park, East Naples CommUIÚty Center, and The Roberts Center in Immokalee. The home-delivered meals are served to seIÚors in Naples, Immokalee and Everglades City. The program also provides Nutrition Screening and Assessment, Nutrition Education, Outreach, and Nutrition Counseling. II. SERVICES TO BE PROVIDED A. Services: The Contractor's area plan for the calendar year 2005, and any revisions thereto approved by the County are incorporated by reference in this contract between the County and the Contractor, and prescribe the services to be rendered by the Contractor and prescribe the manner in which the Contractor will meet the requirements of the Older Americans Act as amended in 2000. B. Manner of Service Provision: The services will be provided in a manner consistent with the Department of Elder Affairs Home and CommUIÚty-Based Services Handbook dated 1/03, the Department of Elder Affairs National Family Caregiver Support Program Guidelines, and the Department of Health and Human Services, Office of Assistant Secretary, Administration on Aging, Program Instruction, AoA-PI-01-02. In the event the manual or guidelines are revised, such revision will automatically be incorporated into the contract and the Contractor will be given a copy of the revisions. The Contractor agrees to perform the services of this contract in accordance with all federal, state, and local laws, rules, regulations and policies that pertain to Older Americans Act funds. C. Meals Meals will be delivered to the appropriate meal site. Pricing shall be inclusive of all costs. Payment shall be full compensation for all meals, supplies, facility rentals, equipment and delivery charges. Home delivered meals will be prepared at the meal site and delivered to seIÚors' homes. The meal site supervisor must be a Certified Food Handler. A quarterly kitchen inspection is also required. At a minimum, the Contractor is required to staff the meal sites during the following business hours: Agenda Item No. 1604 June 28, 2005 Page 1 0 of 17 lmmokalee: 8:00 a.m. to 1:00 p.m. Naples: 10:00 a.m. to 1:00 p.m. Home delivered meals in Everglades City will be delivered between 10:00 a.m. and 2:00 p.m. During the daily operation of the meal sites, the Contractor will provide senior activities for the senior participants. Nutrition services shall be provided by a State of Florida registered Dietician/ Nutritionist. D. Nutrition Services: Congregate meals, home delivered meals, outreach, congregate meals screening, nutrition education and nutrition counseling are included as part of contract services. Collier County will allow subcontracts for supplying actual meals, nutrition education, nutrition counseling and/ or outreach. Please note, however, that monitoring requirements and oversight responsibilities for such subcontracted services rest with the Contractor for such services. The Older Americans Act requires client choice and, to the maximum extent practicable, adjustments to meet any special dietary needs of program participants. Therefore, the Contractor must address ethnic and special needs meals for both congregate and home delivered meals and client choice of meals and/ or providers. The following services shall be provided by the Contractor: 1. Congregate Meals - Provision of a meal at a congregate meal site which complies with the Dietary Guidelines for Americans and provides 1/3 daily RDA for individuals 51 years or older as established by Food and Nutrition Board of National Academy of Sciences. 2. Congregate Meals Screening (Nutrition Screening) - Administration of a 70lC assessment for congregate meal applicants or recipients. This is for both new clients and for clients receiving an annual reassessment. This may include referral and follow-up if needed. 3. Home Delivered Meals - Provision of a home delivered meal which complies with the Dietary Guidelines for Americans and provide 1/3 daily RDA for individuals 51 years or older as established by Food and Nutrition Board of National Academy of Sciences. 4. Nutrition Education - Congregate Nutrition Education is a formal program of regularly scheduled health promotion presentations on culturally sensitive nutrition, physical fitness, or health topics, related to nutrition. Instruction is performed in a group setting. Home Delivered Nutrition Education is a formal program of regularly scheduled individual distribution of health promotion information on culturally sensitive nutrition, physical fitness or health topics as they relate to nutrition. 5. Outreach - Outreach is defined as making active efforts to reach target individuals face to face, either in a community setting or in their home, neighborhood with large numbers of low Agenda Item No. 1604 June 28, 2005 Page 11 of 17 income minority elderly, making one-to-one contact, identifying their service need, and encouraging use of available resources. (This service is required of all Nutrition providers.) 6. Nutrition Counseling - A licensed dietitian/nutritionist (LD/N) or a Registered Diet Technician (RDT) under supervision of a LD/N evaluates the participant's nutritional needs, conducts a comprehensive nutrition assessment, and develops a nutrition care plan in accordance with Chapter 64B8-43, F AC. Based on the individual's needs and with appropriate contact with the individual's physician and caregiver, the LD/N develops and implements or supervises the development and implementation of the nutrition care plan. III. METIIOD OF PAYMENT A. The method of payment in this contract includes fixed rates for services. The Contractor must ensure all costs and fixed rates include only those costs that are in accordance with all applicable state and federal statutes and regulations and are based on historical costs and audited historical costs when applicable. The Contractor shall consolidate all requests for payment and all expenditure reports that support requests for payment £rom the Contractor and Contractors and shall submit to the County on forms 106A, I05A and 106E, and invoice for SERVICE AND CONTRIBUTION REPORT. B. The Contractor shall maintain documentation to support payment requests which shall be available to the County upon request. C. All payment requests shall be based on the submission of monthly actual expenditure reports beginning with the first month of the contract. D. A final receipt and expenditure report (closeout report) for services provided for the entire contract term will be forwarded to the County within sixty (60) days after the contract ends or is terminated. All monies, which have been paid to the Contractor and not used to retire outstanding obligations of the contract being closed out, must be refunded to the County along with the final receipt and expenditure report. E. Any payment due by the County under the terms of this contract may be withheld pending the receipt and approval by the County of all financial and programmatic reports due from the Contractor and any adjustments thereto, including any disallowance not resolved. .- IV. SPECIAL PROVISIONS A. Consumer Conbibutions and Co-payments for Services 1.The Contractor assures compliance with Section 315 of the Older Americans Act as amended in 2000, in regard to consumer contributions. For services not paid for with Older Americans Act funds, Contractors may charge co-payments to those persons able to pay part or all of the cost of services. 2 Voluntary contributions are not to be used for cost sharing or matching. Agenda Item No. 1604 June 28. 2005 Page 12 of 17 3. Accumulated voluntary contributions are to be used prior to requesting Federal reimbursement. 4. Voluntary contributions and related interest earned are program income and must be used to expand services. B. Match The Contractor will assure a match requirement of at least ten percent (10%) percent of the cost for all services funded through this contract. The Contractors match will be made in the form of cash and/ or in-kind resources. At the end of the contract period, all Older Americans Act funds must be properly matched. C. Prioritization for Service Delivery The Contractor shall develop and implement policies and procedures consistent with Older Americans Act targeting criteria. D. Information and Referral The Contractor shall ensure through training and periodic monitoring, all Information and Referral/ Assistance programs operating in their county adhere to the Standards for Professional Information & Referral, Attachment B to this contract. The basis of these agency standards are the standards published by the Alliance of Information & Referral Systems (AIRS), copyright 2000, and amended by the agency to meet the unique needs of the Elder Helpline system. E. Service Cost Reports: The Contractor will submit semi-annual service cost reports which reflect actual costs of providing each service by program. This report provides information for planning and negotiating unit rates. V. ADMINISTRATIVE REQUIREMENTS Continuity of Operations Plan: Agencies must prepare and annually update a "Continuity of Operations Plan" (COOP), previously described as the "Disaster Plan." This plan, or its update, must be submitted to the Area Agency on Aging in May of each year. In the event of a natural disaster (hurricane, tropical storm, tornado, flood, heat wave, etc.), the Agency will have staff available to serve those consumers in critical need of services, according to details contained in its COOP/Disaster Plan, in cooperation with the Area Agency on Aging's Disaster Coordinator and Response Team. A. Targeting: It is the responsibility of OAA nutrition service providers to perform outreach in an effort to identify and inform frail elders of the range and availability of nutrition services. B. Confidentiality / HIP AA: Information about functionally impaired elderly persons who receive services under the Older Americans Act funding is confidential and falls under the HIP AA Law. Information which is received through files, reports, inspections, or otherwise, Agenda Item No. 1604 June 28, 2005 Page 13 of 17 by the Department or by departmental employees, by persons who volunteer services, or by persons who provide services through contracts with the Department, area agencies, lead agencies or other contracting agencies is confidential and exempt from the provisions of Section 119.07(1), F.S. Such information may not be disclosed publicly in any manner so as to identify a functionally impaired elderly perso~ UIÙess that person or his or her legal guardian provides written consent. The exemption is subject to the Open Government Sunset Review Act in accordance with Section 119.14, F.S. All agencies must ensure confidentiality of consumer information by employees, service providers and volunteers as required by state and federal laws. This may include use of locking file cabinets, safes, and establishment of procedures, which promote security of informatio~ including protection from loss, damage, defacement or unauthorized access. Each agency must have and comply with HIP AA policies. This includes establishing Business Associate Agreements between Contractors, Lead Agencies and / or subcontract agencies sharing client identifiable information for service purposes. C. Subcontracts: Any subcontracts held by the Nutrition Provider that relate to services provided with Older Americans Act funding must be bid utilizing the appropriate Federal / State Procurement Policies (Title 45 CFR, Subpart A, Section 92.36 and Subpart C, Section 74.44; OMB Circular A-nO; and Chapters 430 and 287, F.S.) . Annual monitoring of said subcontracts must reflect contractual compliance, performance, compliance with service standards contained in the Department of Elder Affairs' Home and Community Based Services Handbook and compliance with applicable state and federal laws and regulations. Monitoring reports by the Nutrition Provider must be submitted to the County within forty five (45) working days from the date of the monitoring visit. D. Outcome Measures: Nutrition Providers are required to develop strategies to meet Outcome Measures goals set by the Department of Elder Affairs on an annual basis. E. Staff Training: All services provided with funding from DOEA require service delivery persolUl.el to have general pre-service orientation and training specific to the service being provided. Pre-service and in-service training must be developed in accordance with standards and requirements specified in rules and the DOEA Home and Community Based Services Handbook. Nutrition Providers are responsible for provision of the pre-service training (on program and billing requirements, in particular) for all paid staff and volunteer staff. All "hands-on" service persolUl.el must receive training emphasizing the necessity of Universal Precautions. Nutrition Program staff who perform Congregate Meal Screening (NTSq and any Nutrition staff who assess clients for Home Delivered Meals or Elder Helpline staff who complete Intake and Screening Assessments must attend Uniform Client Assessment training when provided by the PSA 8 Training Team and must receive a passing grade on the exam that follows (80% or better.) Pre-service orientation also must include: 1. An overview of the aging process 2. An overview of the aging network 3. Communication techniques with the elderly 4. Observation of abuse, neglect, exploitation and incident reporting Agenda Item No. 1604 June 28, 2005 Page 14 of 17 5. Local agency service procedures and protocol 6. Consumer confidentiality. F. Volunteer Requirements: H the Contractor utilizes volunteers in DOEA funded programs , they must comply with all DOEA mandates regarding statistical and reporting documentation. The Area Agency on Aging will provide the technical assistance and training needed to comply with these requirements. The Contractor should be aware that all volunteers who provide services through DOEA funded program must be screened by a background check. Their service is contingent upon a 'clear and clean' background check. H the Contractor utilizes the valuable services volunteers offer, the Contractor must maintain Volunteer Records in accordance with the standards of the Department of Elder Affairs. Senior Solutions will supply a form to be used for collection and reporting volunteer data on a quarterly basis. G. Client Grievances: The Contractor must have a written policy addressing client grievances and/ or complaints. VI. REFERRALS A. Referrals for Nutrition Services: Referrals from Lead Agencies are to be made in writing. When an assessment has been completed by the Lead Agency, the Nutrition Provider must be given the following documentation for their files: the Demographics and Nutrition related sections of the assessment (and annual reassessments,) emergency contacts, the form used to determine if a home delivered meals client is eligible / capable of receiving frozen meals (as appropriate), and the form used to authorize the service- (meals, nutrition education, nutrition counseling, etc.) -- When the Nutrition Provider's staff performs the assessment or "nutrition screening," they must have a process established in coordination with the Lead Agency for transIIÙtting the information for purposes of Lead Agency data input. Annual assessments and notification of the client's addition to or termination from meal service is necessary in order to maintain coordination in cases of mutual clients and validity of CIRTS data. B. Elder Helpline Referrals: Referrals made by the Elder Helpline to Lead Agencies must be completed via e-mail, Fax or through the IRis Program. Lead Agencies are required to respond to the Helpline to inform them of the status of the referral. The Helpline must follow-up on referrals to all agencies / resources within 10 calendar days either by telephone or visit to the inquirer and/ or the organization, to determine that services are being provided and that the elder or caregiver is satisfied with the services as provided unless a crisis situation suggest more immediate follow-up. If the inquirer has not received services or the need has not been met, the I & R service shall determine whether there is still a need and make additional appropriate referrals. The I & R Agenda Item No. 16D4 June 28, 2005 Page 15 of 17 service shall also document the follow-up results (that service was not received) for future reference. C. Emergency Services: Services may be provided to a functionally impaired older person prior to full assessment in an emergency. This includes any sudden or unforeseen situation requiring prompt action to prevent hospitalization or nursing home placement, or situations that may jeopardize the health or safety of a semor. Examples may include the hospitalization of the spouse or caregiver who usually attends to the client's personal needs, or the increased impairment of an elderly person living alone. Provider staff must immediately report to the 1-800-96ABUSE registry any situation in which any elderly person is the suspected or apparent victim of abuse, neglect or exploitation. When a client is also case managed, Contractor service personnel are also required to ÍI1form the lead agency case manager of abuse, neglect and exploitation situations, and that a call has been placed to the Abuse Registry. In cases of APS referrals, services may be required to begin on an immediate basis (as above, under "Urgent Service"). State law mandates delivery of service (other than case management) to High Risk victims of abuse, neglect or exploitation referred by the Adult Protective Services unit of the Department of Children and Families. VII. REPORTING A. Incident Reporting: Any j all unusual occurrences that transpire in a consumer's home in the presence of provider personnel must be documented and reported immediately. Contractors report to the case manager (if there is one,) or to the individual designated by the Lead Agency. This includes, but is not limited to situations of a legal, criminal, or medical nature. The primary concern is the health, security and well being of the consumer. In situations of immediate medical or law enforcement need, staff should call 911. Serious incidents must be reported to the Lead Agency and the Area Agency on Aging. B. Record Keeping: The Nutrition Provider must maintain individual client files that contain: The 701C Assessment of Congregate Meals clients or the Demographics and Nutrition related sections of the 701 B assessment if the individual was assessed by Lead Agency personnel. Additionally, for clients receiving home delivered meals, the form used to determine if a client is eligible j capable of receiving frozen meals (if authorized), and the form used to authorize the service (meals, nutrition education, nutrition counseling, etc.) must be in the file. Updated client emergency contact information is essential and must be in each file. The congregate meal program must maintain daily attendance and transportation logs for alllsites. These logs should also indicate the datejs nutrition education programs were provided. Home Delivered meals logs, at a minimum, must be legible and contain the name of consumer, number of meals delivered, indication of nutrition education materials delivered and datejs of delivery. The consumer j caregiver must sign the meal delivery log at the time of delivery. Documentation of Outreach should include the location of the '.-.-.-- Agenda Item No. 1604 June 28, 2005 Page 16 of 17 outreach effort, the method used and the number of individuals reached. Nutrition Counseling must maintain specific records and should contain client signature whenever in- home counseling is provided. c. Reporting/ Invoicing: The Contractor is required to compile service delivery statistics and other data. These are reported to the Lead Agency and Department of Elder Affairs as required by DOEA. This data is entered in the Client Information and Registration Tracking System (ORTS) by County staff. This in turn generates payment to the service provider agency. Monthly reporting requiIements dictate that all client and service data for the prior month is entered into CIRTS by the 10th day of the month. Therefore, the Contractor is required to provide Lead Agencies with correct and timely service data. Lead Agencies will coordinate with Nutrition Providers to determine due dates for invoices. This will insure compliance with OOEA reporting requirements. A copy of the invoice/ s must be sent to the Human Services Department, Services for Seniors program. Failure to record or report units of service will result in nonpayment (or delayed payment) for such services. The Contractor's final request for payment must be submitted to the County no later than thirty (30) days after the end of the contract ~- Services Congregate Meals Home Delivered Meals Congregate Meal Screening Outreach Nutrition Education Nutrition Counseling ,,-"'. ,- Total Cost $6.88 $6.65 $ 27.82 $ 34.50 $ 44.99 $ 67.52 Schedule A Agenda Item No. 1604 June 28, 2005 Page 17 of 17 Reimbursement Rate $5.33 $5.32 $ 25.04 $ 31.05 $ 40.49 $ 60.77 Agenda Item No. 1605 June 28, 2005 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to approve a budget amendment in the amount of $6,074 to ensure continuous funding of the Home Care for the Elderly grant. OBJECTIVE: To amend the Home Care for the Elderly (HCE) operating budget at the FY04-05 continuation funding level to allow for uninterrupted support services to Services for Seniors' frail, elderly clients. CONSIDERA TIONS: For the past 10 years, Collier County Services for Seniors has been providing in-home support services to Col1ier County's frail elderly through this state funded program. This continuation grant in the amount of $89,586 for the period July 1,2005 through June 30, 2006 will provide in-home support services through the encouragement and management of family-type living arrangements in private homes as an alternative to costly and penn anent nursing home care. The majority of these clients would be unable to remain in their homes without this help. The grant requires no local matching funds. Historically, Collier County Services for Seniors receives the continuatjon contracts during the latter part of June, for the upcoming grant cycle which runs July 1, 2005 through June 30, 2006. The grantor agency, Area Agency on Aging of Southwest Florida, has guaranteed that funding will be received at no less than the FY04-05 allocation. When final contracts are received in late June 2005, budget amendments will be prepared to reflect the actual allocation. - The total grant amount of $89,586 is funded from the State of Florida grants and aids appropriation. Of the total grant award, $6,074 will require a budget amendment to recognize the direct funding portion to the County for case management. The remaining $83,512 will be retained by the grantor agency to pay for djrect services authorized by Collier County Services for Seniors. FISCAL IMPACT: FY05 budget in Services for Seniors fund (123) will increase by $6,074. This grant requires no local matching funds. GROWTH MANAGEMENT: There is no growth management impact from this recommendation. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the necessary budget amendment to ensure continuous funding of the Home Care for the Elderly grant. Prepared by: Terri Daniels, Grant Supervisor, Human Services Department -- ___._~w Agenda Item No. 16D5 June 28. 2005 Page 2 of2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16D5 Recommendation to approve a budget amendment in the amount of $6,074 to ensure continuous funding of the Home Care for the Elderly grant. 6/28/2005 9:00:00 AM Meeting Date Prepa red By Date Terri A. Daniels Grants Coordinator 8114/200510:42:04AM Public Services Human Services Approved By Barry Williams Human Services Director Date Public Services Human Services 611412005 11 :01 AM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 6114/2005 6;46 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 6/16/20052:53 PM Approved By Gary A. Vincent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 6117/20059:37 AM Approved By Michael Smykowski Manag"ment & Budget Director Date County Manager's Office Office of Management & Budget 8/17120053:18 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 6119/2005 2;10 PM Agenda Item No. 1606 June 28. 2005 Page 1 of2 ",.........., EXECUTIVE SUMMARY Recommendation to approve a budget amendment in the amount of $614,132 to ensure continuous funding of the Community Care for the Elderly grant. OBJECTIVE: To amend the Community Care for the Elderly (CCE) grant operating budget at FY04-05 continuation funding levels to allow for uninterrupted support services to Services for Seniors' frail, elderly clients. CONSIDERATIONS: Collier County Services for Seniors has been providing in-home support services to Collier County's frail elderly for the past 31 years through the Community Care for the Elderly program. Historically, Collier County Services for Seniors receives the continuation contracts during the latter part of June, for the upcoming grant cycle which runs July 1, 2005 through June 30,2006. When final contracts are received in late June 2005, budget amendments will be prepared to reflect the actual allocation. The grantor agency, Area Agency on Aging of Southwest Florida, has guaranteed that funding will be received at no less than the FY04-05 allocation ..',.-...., The total grant amount of $614,132 is funded from the State of Florida grants and aids appropriation. However, Due to recent changes in Florida legislation, Lead Agencies are now required to contract directly with vendors. This will require that Collier County Human Services Department/Services for Seniors program contract directly with area vendors. The Collier County Purchasing Department solicited RFPs from area vendors to provide services. The Board of County Commissioners previously approved contracts with vendors on June 14,2005. Budget amendments in the amount of $614,132 need to be approved to recognize the grant revenue. Of the total grant award, $204,523 will require a budget amendment for administrative expenses, case management and transportation. The remaining $409,609 will be budgeted to pay the local in-home service providers. A total of $64,900 in local matching funds was approved in the FY05 budget as a contribution from the General Fund (001) to the Services for Seniors fund (123). FISCAL IMPACT: FY05 budget in Services for Seniors fund (123) will increase by $614,132. Required matching funds in the amount of $64,900 have already been budgeted for FY05. GROWTH MANAGEMENT: There is no growth management impact from this recommendation. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the necessary budget amendments to ensure continuous funding of the Community Care for the Elderly grant. Prepared by: Terri Daniels, Grant Supervisor, Human Services Department .- Agenda Item No. 16D6 June 28, 2005 Page 2 of2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summery 16D6 Recommendation to approve a budget amendment in the amount of $614,132 to ensure continuous funding of the Community Care for the Elderly grant. Meeting Date 612812005900:00 AM Prepared By Date Terri A. Daniels Grants Coordinator 6/141200511:01 :53 AM Public Services Human Services Approved By Barry Williams Human Services Director Date Public Services Human Sel"\lices 6114120053:56 PM Approved By Marla Ramsey Parks & Recreation Director Date Public Sel"\lices Parks and Recreation 6114120056:05 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 6/1612005 2: 57 PM Approved By Gary A. Vincent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 6/1712005 9:45 AM Approved By Michael Smykowskl Management & Budget Director Date County Manager's Off'ice Office of Management & Budget 6/17120053:20 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 6/17/20058:22 PM Agenda Item No. 16D7 June 28, 2005 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to approve budget amendments in the amount of $105,706 to ensure continuous funding of the Alzheimer's Disease Initiative grant. OBJECTIVE: To amend the Alzheimer's Disease Initiative (ADI) operating budget at FY04-05 continuation funding levels to allow for uninterrupted support services to Services for Seniors' frail, elderly clients. CONSIDERA nONS: Collier County Services for Seniors has been providing case management and facility respite services to Collier County's frail elderly for the past 14 years through the Alzheimer's Disease Initiative. Historically, Collíer County Services for Seniors receives the continuation contracts during the latter part of June, for the upcoming grant cycle which runs July 1, 2005 through June 30, 2006. This continuation grant in the amount of $105,147 for the period July 1,2005 through June 30, 2006 will allow for the deHvel)' of respite care and case management services to the County's frail elderly preventing premature and costly institutional placement. This grant enables victims of Alzheimer's disease to remain in their homes with help. The grantor agency, Area Agency on Aging of Southwest Florida, has guaranteed that funding will be received at no less than the FY04-05 allocation. When final contracts are received in late June 2005, budget amendments will be prepared to reflect the actual allocation. - The total grant amount of $105,706 is funded from the State of Florida grants and aids appropriation. However, Due to recent changes in Florida legislation, Lead Agencies are now required to contract directly with vendors. This will require that Collier County Human Services DepartmenVServices for Seniors program contract directly with area vendors. The Collier County Purchasing Department solicited RFPs from area vendors to provide services. The Board of County Commissioners previously approved contracts with vendors on June 14,2005. Budget amendments in the amount of $105,706 need to be approved to recognize the grant revenue. Of the total grant award, $559 will require a budget amendment for case management. The remaining $105,147 will be budgeted to pay the local facility respite service providers. FISCAL IMPACT: FY05 budget in Services for Seniors fund (123) will increase by $105,706. This grant requires no local matching funds. GROWTH MANAGEMENT: There is no growth management impact from this recommendation. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the necessary budget amendments to ensure continuous funding of the Alzheimer's Disease Initiative grant. Prepared by: Terri Daniels, Grant Supervisor, Human Services Department - Agenda Item No. 16D7 June 28, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summery 1607 Recommendation to approve budget amendments in the amount of $105,70610 ensure continuous funding olthe Alzheimer's Disease Initiative grant. Meeting Date 6/28/2005900:00 AM Prepa red By Date Terri A. Daniels Grants Coordinator 6/14/2005 11 :07:15 AM Public Services Human Services Approved By Barry Williams Human Services Director Date Public Services Human Services 6/14/20054:10 PM Approved By Marla Ramsey Parl<s & Recreation Director Date Public Services Parks and Recreation 6/14/20055:57 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 6/16/20053:04 PM Approved By Gary A, Vincent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 6/17/200510:08 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 6/20/2005 9:59 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 6/20/20056:16 PM ..~. Agenda Item No. 1608 June 28, 2005 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to approve a budget amendment in the amount of $63,549 to ensure continuous funding of the Older Americans Act grant in the Human Services Department. OBJECTIVE: To amend the operating budget of the Older Americans Act to include the spending authority portion of the grant. CONSIDERATIONS: Collier County Services for Seniors program has been providing in-home support services to Collier County's frail elderly for the past 30 years through the Older Americans Act program. Recent changes in the State Legislature require all Lead Agencies to contract directly with area service providers. As the Lead Agency for Collier County, Services for Seniors is in the process of finalizing RFP awards. The Area Agency on Aging will now allocate the administrative and spending authority funds to the County. This will result in the County having to budget the additional funding for the spending authority to pay vendors. A budget amendment in the amount $63,549 is required pay in-home service providers. This amount represents the remaining six months of the contract. A total of $45,100 in local cash matching funds was approved in the FY05 budget as a contribution ftom the General Fund (001) to Services for Seniors (123). Recognizing the additional funds as spending authority will not require additional County match. ,.- FISCAL IMPACT: The FY 05 Human Services/Services for Seniors budget (Fund 123) will increase by $63,549. No additional County match funding is required. GROWTH MANAGEMENT: There is no growth management impact from this recommendation. RECOMMENDA TIONS: Staff recommends that the Board of County Commissioners approve the necessary budget amendment to ensure continuous funding of the Older American Act grant. Prepared by: Terri Daniels, Grant Supervisor, Human Services Department ..- Agenda Item No. 1608 June 28, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 1608 Recommendation to approve a budget amendment in the amount of $63,549 to ensure continuous funding of the Older Americans Act grant ¡nthe Human Services Department. Meeting Date 6/28/2005 9:00:00 AM Prep a red By Date Terri A. Daniels Grants Coordinator 6/14/200512:06:55 PM Public Services Human Services Approved By Barry Williams Human Services Director Date Public Services Human Services 6/14/2005 4: 02 PM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 6/14/2005 5:49 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 6/16/2005 3: 11 PM Approved By Gary A. Vincent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 6/17/200510:15 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 6/20/2005 10:03 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 6/20/20057:05 PM Agenda Item No. 16D9 June 28, 2005 Page 1 of 19 EXECUTIVE SUMMARY Recommendation to apply to the Florida Department of Health for a Primary Care Children and Families Challenge Grant In the amount of $154,500 to expand primary care at the Horizon's Clinic. OBJECTIVE: To apply for grant funding from the Florida Department of Health in the amount of $103,000 annually for a three year period with a local cash match of $51,500 from Collier County Government, the United Way of Collier County and the Community Foundation of Collier County for a total award of $154,500 to expand Primary Care at the Horizon's Clinic. CONSIDERATION: The Florida Department of Health/Division of Family Health Services is inviting applications for the Primary Care for Children and Families Challenge Grants for the period of August 1, 2005 through September 30, 2006 with renewals of up to two years for county governments. The initial challenge grant will run from August 1, 2005 through June 30, 2006. Renewals of up to two years will coincide with the State fiscal year, which runs from July I through June 30, annually. Eligible applicants must be able to demonstrate matching funds and in-kind services required for the project and available from local government resources. Collier County United Way and the Collier County Community Foundation are partnering and agreeing to provide a combined amount of$25,750 towards the required match for the first year of funding, $12,875 for the second year of funding, and $6,437.50 for the third year. The remaining cash match would be requested from the general fund. The Board of County Commissioners cUITently supports the Horizon's Primary Care Clinic through existing funds associated with the Human Services Department. The grant would provide for an expansion of primary care services for evening and weekend hours at the Horizon's Primary Care Clinic. Located at 5262 Golden Gate Parkway, the Horizons Primary Care Clinic was established for individuals and families that are uninsured or underinsured with income at 100% to 200% of the federal poverty level. Horizons Primary Care Center offers adult, pediatric, and family health care services. It is estimated that approximately 1000 individuals per year would be served through this expansion of services. Collier Health Services, Inc. has agreed to provide a donation of $66,710 for in kind expenses associated with this expansion. Approval to submit subsequent annual applications will be requested when the grantor makes funding available. FISCAL IMPACT: If awarded, this grant application would cost the County's general fund $25,750 the first year, $38,625 the second year, and $45,062.50 the third year. ,- Agenda Item No. 1609 June 28, 2005 Page 2 of 19 GROWTH MANAGEMENT IMPACT: There is no direct impact on the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners authorize submission of the Florida Department of Health Primary Care Children and Families Challenge Grant and authorize a budget amendment to provide the necessary cash match for the first year as required by the grant application. Prepared by Barry Williams, Human Services Director Agenda Item No. 1609 June 28. 2005 Page:3 of 19 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16D9 Recommendation to apply to the Florida Department of Health for a Primary Care Children and Families Challenge Gral1t in the amount of $154,500 to expand primary care a1 the Horizon's Ciinic. Meeting Date 6/28/2005 900:00 AM Approved By SarryWiIIlams Human Services Director Date Public Services Human Services 6/15/20054:40 PM Approved By Marlene J. Foord Grants Coordinator Date Administrative Services Administrative Services Admin. 6/15/2005 4:48 PM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 6/15/2005 5: 11 PM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office af Management & Budget 6/16/2005 3:00 PM Approved By Gary A. Vincent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 6/21/20054:35 PM Approved By Michael Smykawskl Management & Budget Director Date County Manager's Office Office of Management & Budget 6/22/2005 9:47 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 6/22/2005 4:48 PM ATTACHMENT 1 Schedule of Benefits and Services Tvoe of Service Location Provider Agenda Item No. 1609 June 28, 2005 Page 4 of 19 Primary Medical Care Services General Primary Medical Services 5262 Golden Gate Parkway CBSI 24-Hour Coverage 5262 Golden Gate Parkway CHSI ( on-call) Fanilly Planning 5262 Golden Gate Parkway CBSI HJV Testing 5262 Golden Gate Parkway CHSI Immunizations 5262 Golden Gate Parkway CBSI Following hospitalized patients 5262 Golden Gate Parkway CHSI Hearing Screening Other Professional Services 5262 Golden Gate Parkway CHSI 5262 Golden Gate Parkway CBSI 5262 Golden Gate Parkway CBSI Enabling Services 5262 Golden Gate Parkway CBSI 5262 Golden Gate Parkway CBSI 5262 Golden Gate Parkway CHSI Pharmacy Vision Screening Case Management Discharge Planning Health Education Interpretationffranslation Services 5262 Golden Gate Parkway CHSI Outreach 5262 Golden Gate Parkway CHSI Agenda Item No. 16D9 June 28, 2005 Page 5 of 19 ATTACHMENT 2 Project Providers/Partners/Contributors Name of ProviderlPartner/Contributor: Physician Led Network of Collier County Representing: Collier Health Services, Inc. Naples Community Hospital Cleveland Clinic of Florida Health Management Associates Collier County Health Department Collier County Human Services Department Senior Friendship Centers of Southwest Florida David Lawrence Center Diagnostic Services, Inc. Descriotion of their Contnbution to Proiect: Collier Health Services, Inc. Horizon's Primary Care Clinic is an integral component of the Physician Led Access Network of Collier County. Sponsored by the Collier County Medical Society, PLAN's Board of Directors is comprised of the major healthcare providers located in Collier County. This county wide initiative is comprised of private physicians including the Anchor Health Centers; the Naples Community Hospital Health System; Cleveland Clinic Naples Florida; Health Management Associates (hospital being built, third hospital group in Collier County); Naples Day Surgery; Senior Friendship Center (reduced fee volunteer physician delivery of care to adults over 50); Collier Health Services Inc.; DSI Labs; Diagnostics groups -NDIC, Radiology Regional; Collier County Health Department, Collier County Human Services Department, David Lawrence Center (inpatient mental health facility, with outpatient services), and Hospice of Collier County The Neighborhood Health Clinic (a privately funded volunteer physician clinic, which charges a minimum fee for services provided to working uninsured adults) is an advisory to the organization. PLAN is a public/private partnership whose mission is to provide the underinsuredluninsured residents of Collier County a continuous, high quality health care service delivery system. Agenda Item No. 1609 June 28, 2005 Page 6 of 19 In addition, Collier County Government is providing a $51,500 cash match with a portion provided to Collier County Government through the Collier County United Way and the Collier County Commwrity Foundation. Finally, Collier Health Services, Inc. is providing $60,710 as an in kind contribution for their additional staffing to support evening and weekend hours at the Horizon's Clinic. Also, an additional $6,000 in costs associated with utilities, i.e., electric, water, phone is being donated as in kind expenses from Collier Health Services, Inc. to the clinic for a total in kind donation of $66,710. Agenda Item No. 1609 June 28, 2005 Page 7 of 19 ATTACHMENT 3 Commitment of DonationlMatch TO: Organization Collier Health Services. Inc. From: Donor Name Collier County Government Address 3301 Tamiami TraiL East NaDles. FL 34112 The following cash, space, equipment, goods/supplies, and/or personnel services are donated to thi . s proJect. Contribution Description and Basis for Valuation *prr Value Cash With Collìer County having a population of more than 50,000, 50% of the award amount is desimated as cash. $51,500 Building Building space utilized will be the existing Horizon's Space Primary Care Clinic located at 5262 Golden Gate $0 Parkway. This clinic was built and staffed with funds associated with another state grant and thus is not included in the valuation of match for this project, but described. Utilities associated with the expanded hours will be $6.000 provided as an in kind donation by Collier Health Services, Inc. Equipment Medical equipment utilized will be the existing Horizon's Primary Care Clinic equipment located at $0 5262 Golden Gate Parkway. This clinic was built and staffed with funds associated with another state grant and thus is not included in the valuation of match for this proiect Goodsl Supplies $ Agenda Item No. 16D9 June 28,2005 Page 8 of 19 Personnel Support staff for the expanded clinic hours will include Services (1) Nurse; (1) Certified Nursing Assistant; and (1) $60.710 Customer Services Representative. This will be an in kind donation provided by Collier Health Services, Inc. to staff the Horizon's Primary Care Clinic staff located at 5262 Golden Gate Parkway. Total $118,210 The above donation (s) is not currently included as a cost (either direct or matching) of any state or federal contract or grant, nor has itlthey been previously purchased from or used as match for any state or federal contract. (Donor Signature) (Date) · Indicalc np" if the donation is pennancnt (title passes to the project), or "T" if the donation is temporary. If the donation is temporary, please indicalc the durøtion in the description. Agenda Item No. 16D9 June 28, 2005 Page 9 of 19 ATTACHMENT 4 Budget Detail 8/1/2005 through 6/30/2006 $95,790 $7,210 $47,895 $3,605 $60,710 $143,685 $60,710 $10,815 $6,000 $6,000 Other Total ($103,000 maximum) $51,500 $66,710 $221,210 Details: Given the inftastructure of the clinic is already established through another state grant, the bulk of the expenses associated with operating weekend and evening hours are for Medical Professional Staff. Due to the unusual hours an amount of $150 per hour is being proposed. The clinic wi1l operate three weekdays a week ftom 5:00PM to 9:00PM and all day Saturday ftom 8:00AM to 5 :OOPM for a total of 20 hours per week. It is anticipated that the clinic will operate a total of 48 weeks during this period. Thus 20 hours · 48 weeks = 960 hours · $150 = $144,000. The remainder will be used for medical supplies necessary for the expanded hours. In kind expenses are generated by the provision of (1) Nurse at 20 hours · 48 weeks = 960 hours · 18 per hour = $17,280; (1) Certified Nurse Assistant at 20 hours · 48 weeks = 960 hours · $11 per hour = $10,560; (2) Customer Service Representative at 20 hours · 48 weeks = 960 hours · $11 per hour = $21,120 for a total personnel cost of $48,960. Fringe benefits are factored at 24% of $48,960, or $11,750 for a total personnel and ftinge cost of $60,710. In addition, utilities expenses, i.e., electric, water, phone associated with the expanded operating hours of the facility are anticipated to be an additional $125 per week · 48 weeks = $6,000. Agenda Item No. 1609 June 28, 2005 Page 1 0 of 19 ATTACHMENT ~ Budget Detail 7/1/2006 through 6/30/2007 $95,790 $47,895 $60,710 $143,685 $60,710 $10,815 $6,000 $7,210 $3,605 $6 000 Other Total ($103,000 maximum) $51,500 $66,710 $221,210 Details: Given the infTastructure of the clinic is already established through another state grant, the bulk of the expenses associated with operating weekend and evening hours are for Medical Professional Staff. Due to the unusual hours an amount of $150 per hour is being proposed. The clinic will operate three weekdays a week from 5:00PM to 9:00PM and an day Saturday from 8:00AM to 5:00PM for a total of 20 hours per week. It is anticipated that the clinic will operate a total of 48 weeks during this period. Thus 20 hours * 48 weeks = 960 hours * $150 = $144,000. The remainder will be used for medical supplies necessary for the expanded hours. In kind expenses are generated by the provision of (1) Nurse at 20 hours * 48 weeks = 960 hours · 18 per hour = $17,280; (1) Certified Nurse Assistant at 20 hours · 48 weeks = 960 hours * $11 per hour = $10,560; (2) Customer Service Representative at 20 hours * 48 weeks = 960 hours * $11 per hour = $21,120 for a total personnel cost of $48,960. Fringe benefits are factored at 24% of $48,960, or $11,750 for a total personnel and fringe cost of $60,710. In addition, utilities expenses, i.e., electric, water, phone associated with the expanded operating hours of the facility are anticipated to be an additional $125 per week * 48 weeks = $6,000. Agenda Item No. 1609 June 28, 2005 Page 11 of 19 ATI'ACHMENT 6 Budget Detall 7/1/2007 through 6/30/2008 $95,790 $47,895 $3,605 $60,710 $143,685 $60,710 $10,815 $6,000 $7,210 $6,000 Other Total ($103,(XJO maximum) $51,500 $66,710 $221,210 Details: Given the infrastructure of the clinic is already established through another state grant, the bulk: of the expenses associated with operating weekend and evening hours are for Medical Professional Staff. Due to the unusual hours an amount of $150 per hour is being proposed. The clinic wiU operate three weekdays a week from 5:00PM to 9:00PM and al1 day Saturday from 8:00AM to 5:00PM for a total of 20 hours per week. It is anticipated that the clinic wi1I operate a total of 48 weeks during this period. Thus 20 hours ... 48 weeks = 960 hours ... $150 = $144,000. The remainder will be used for medical supplies necessary for the expanded hours. In kind expenses are generated by the provision of (1) Nurse at 20 hours ... 48 weeks = 960 hours ... 18 per hour = $17,280; (1) Certified Nurse Assistant at 20 hours ... 48 weeks = 960 hours ... $11 per hour = $10,560; (2) Customer Service Representative at 20 hours ... 48 weeks = 960 hours ... $11 per hour = $21,120 for a total personnel cost of $48,960. Fringe benefits are factored at 24% of $48,960, or $11,750 for a total personnel and ftinge cost of$60,710. In addition, utilities expenses, i.e., electric, water, phone associated with the expanded operating hours of the facility are anticipated to be an additional $125 per week'" 48 weeks = $6,000. Agenda Item No. 16D9 June 28, 2005 Page 12 of 19 Primary Care for Children and Families Challenge Grant Program: Weekend and Evening Primary Care Coverage through Collier Health Services, Inc., a Federally Qualified Health Center Collier County Government Barry Williams, Director Human Services Department Collier County Government 3301 Tamiami Trail, East Building H, Room 211 Naples, FL 34112 Phone number: (239) 774-8442 Email Address:BarrvWilliams@colliergov.net Fax number: (239) 732-2638 o a).,... ZN(l) E~OI (l):::¡co :::-,0.. co ffi~ ~.~ .~ I ~ ft C\ ::~ -q-<o MC? ~ ~~ ~\;:)>- ,.... ~ .Q ~ No u.. 0) ~ (Ii¡:j ~ ( ~ ,\Ç) Q.~ :P C( u. Z. . ,.... :=0) ~ ~~ ~ .-.,¡- ~.~ .ffi::: E~ К- ~~ . g¡ ~ . w ~~ 1 ~ ~ ~ l(") o o N o¢ N a,) § ..... tI) a,) .;) ·E JS.9 ~] ~ -¡: ~ :I.: 0 :>. ('1") :>...... c::s.g ~:-= 5 ~ .¡:: ~ª-ª ~.sa "'t:I ¡;¡". ~ c::I Ç.:t.¡ ¡ä4-i&:I.:ªai "2o......l(")o·OO;::~ a,) ~ J-/ .... ~ 0 c::s - r~ gj .... "'t:I 8......r: ....; .~.¡:: 0 ~ ;S tI;Î. .....sa 0 0 "a ....!0Ç.:t.¡~"':i"E- t/ ~ ,g¡ .!!t <'\I .- ~ C( Æ..... roC\ 2M ü...,. ~It) ¡g!å:;~ ~.¡;¡ ::.¡;¡ 8.2 c:.J: c:-=: E~ "OJ:: e:: o.~ æ·~ 0'- ~.~ .~ 00 u..O 1-'00 u..0:':¡0 "'t:I ª ! ~ ~ a,) o o .... ....- §:S-S ë -- a,) "'t:I 01:1 ~a.so 'i u .2 oS ] ~ ~.9 Q.8(1)a,) ª,·c .- "'t:I -~:ê S ~-Š ~ ~ "'t:I .... 0 0 ~~'~B o ~ Q.. .~ U.:= t:: cd a,) o (\).r: 0 ::r.:......;) o 4-< ..dr.;...,__ :0 ~ ]~~~ ~ -ª 5b= ~o~ .9 Q.. .... ":: o~(. :¡ ]0§.9 o.gI-<"'t:I p..·c ~ ß ~£ ~.~ - II) II) 0 "..s:æ .;) €o..c: tI) =' - U .- 0"- þ U.~.~ § ~ g.;;:: 0 ::3.;) §U o:;<Ç.:t.¡[) u·~ ..... 4-< "'t:I::::1 ~]æ8g -;a ~ ^ ..... ..d - 0 01:1 «i .B c::I"" d tJ ~ "'0 .~ .""'" .;::¡ -"0- <5 'gß ~ ~ -š-š gj Ol) 0.9 [: E o a,) tI) g ..9 0 .;) ~ o 0 ..... g ~ 0 ã] ë~ I ~ Q.- o -æ ' 0....3 8.s ,~ .... tI) [:]~ II) S a,) íJ'J ~ > ¡äo,.8 8] cd =' =' II) ::r.:_..s en" ..9 .~ ~] .......'~ ~ :-=80 ~ Q..:.6 ~-Š ] ~~~ ~ .... .... .¡:: 0 .... o 01:1.9 ;9 (OJ. «i =' ª.£ ~~ ]: ..o.....c::s 2: &S .....~ II) .."..., .r: e -~ .... :S ] ..... tJ :;< o . ~ ! ~ [ ï~ ~;9 oS·... o ~ -oS "a] ]: u 0 ... ...... .S 5 013 ~~ u& ~~ 8 .¡:: .¡:: ..9 ~Ç.:t.¡ tI) do) "d .9 ~t: 's 8- ::r.:§- a,) tI) .r: 0 - - "þ i'~ ug, [) Q. :.:::: 0 - tI) 8:s >. ~ = .- íJ'J do) >. o ~ ª ~ .~ ~~ ~u ATTACHMENT 7 Signature Form Agenda Item No. 16D9 June 28,2005 Page 14 of 19 My signature indicates that I have had input in the development of the Primary Care for Children and Families Challenge Grant Program. I have reviewed and approved this application. County Government Authorizing Official Name Signature Title Date ATrIST D1II8BT I. BROCK. CJLDK Approftli as to form (\T 16 2.Ì. >m:l.:.:p,\'> n BY: ., AV'mmtCarüatJ ~ Primary Care Health Care Network Partners Signature Title Date Signature Title Date Signature Title Date Name Name Name Hospital Inpatient Partner(s) Name Signature Title Date Specialty Care Referral Partners (volunteer organizations, individual providers) Signature Title Date Name Signature Title Date Name Other Health Care Partner(s )/Community Individuals/ Agencies/Coalitions Name Signature Title Date Name Signature Title Date Name Signature Title Date Agenda Item No. 1609 June 28, 2005 Page 15 of 19 I. Project Descriptiooffarget Population to be Served The scope of this project is to provide evening and weekend primary health care at the Horizon's Primary Care Clinic. Currently, Collier Health Services, Inc., a Federally Qualified Health Center headquartered in Immokalee, Florida provides services to adults without access to health insurance in Golden Gate City. Golden Gate City is a densely populated center that has a large percentage of individuals who are at or below 200% of federal poverty guidelines. Many of the individuals who reside in this community are employed; however, their employment is in positions where they are ineligible and/or there is unavailability of third-party health care coverage. In order to improve access to health care for this population, this proposal seeks to target individuals in the 18 to 64 year old age group living in the Coastal Collier County. Collier County has a relatively older median age at 44.1 according to the Department of Health, CHARTS. In addition, 25.7% of the population is considered 200% or below of Federal Poverty Guidelines. According to the US Census Bureau data, approximately 140,000 individuals are between the ages of 18 and 64. This target population, while primarily made up of working adults, has traditionally had very little access to primary health care services. A 2004 Study by the Florida health insurance group revealed that 24.4% of the population of southwest Florida, including Collier, Lee, and Charlotte counties has no insurance thus limiting their access due to ineligibility and/or unavailability of third-party health care coverage. In addition, to the targeted population, the proposed program would also provide services to individuals eligible for health care under state and federal government programs, e.g., Medicaid, Medicare. According to the local Agency for Health Care Administration, there are approximately 10,000 individuals who are adult Medicaid recipients residing in Collier Cmmty. Unfortunately, many do not have a medical home due to limited numbers of private providers accepting Medicaid. It is estimated the hours of operation for this project would be Monday, Tuesday, and Thursday from SPM to 9PM and 8AM to 5PM on Saturday. It is estimated that approximately 1000 unduplicated individuals would receive 3120 medical encounters with primary care staff annually. In order to address this lack of access CHSI and Collier County Government propose to implement a system to provide standard primary health care services to the targeted populations, as well as any other individuals wishing to receive care. Such services, more fully described in Attachment 1, range from physician access to basic laboratory and radiology services to pharmaceutical access and routine case management. n. Health Benefits to be Provided/Schedule of Benefits and Services Please see Attachment 1 for a description of services. 1 Agenda Item No. 1609 June 28. 2005 Page 16 of 19 Collier Health Services, Inc. will interview and gather the appropriate information. All new patients with no third party payor who wish to be considered for the sliding fee scale discount, and those patients already on the sliding fee scale who have not been interviewed with a patient service representative will be interviewed and the appropriate infonnation captured. All new patients shall be notified upon making their appointment that if they wish to be considered for the sliding fee scale discount, they must bring acceptable proof with them to their first visit. Income verification will be conducted by checking the individual's: o Current tax return o Pay check stubs from all members of the household o Paperwork from the Department of Children and Families regarding Aid for Families with Dependent Children (AFDC), Food Stamps, or Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) o Paperwork associated with application for unemployment benefits o A letter from the employer or company letterhead with a contact person and a phone number for the contact o Any letter or paperwork from a local court showing child support or alimony payment amounts. Based on the patient's income, a sliding fee scale will be applied to the patient's fees. The following is a chart listing the patient's fees based on their current income level: A minimum charge for medical services is $10. For all others a percentage of the total fee is charged based on their income. The Patient Service Representative or the Clinic Manager will detennine eligibility for waiving the fee and will interview patients unable to make this payment. This process must be repeated each time the patient presents for a visit where the patient state that they cannot pay the minimum fee. The Site Manager and/or Patient Services Representative will recommend the patient make application for Medicaid or for other resources in order to assist in meeting this obligation. m. Hospital Inpatient Services The expanded primary care practice will operate in a manner similar to a traditional physician practice. Project physicians will provide inpatient services to individuals requiring it through referral to either of the two partnering hospitals participating in the project. A referral will be provided to a hospitalist within the respective organizations with a referral back to Horizon's Primary Care upon discharge. Proposed Service Network Horizon's Primary Care Clinic is an integral component of the Physician Led Access Network of Collier County. Sponsored by the Collier County Medical 2 Agenda Item No. 1609 June 28, 2005 Page 17 of 19 Society, PLAN's Board of Directors is comprised of the major healthcare providers located in Collier County. This county wide initiative is comprised of private physicians including the Anchor Health Centers; the Naples Community Hospital Health System; Cleveland Clinic Naples Florida; Health Management Associates (hospital being built, third hospital group in Collier County); Naples Day Surgery; Senior Friendship Center (reduced fee volunteer physician delivery of care to adults over 50); Collier Health Services Inc.; DSI Labs; Diagnostics groups -NDIC, Radiology Regional; Collier County Health Department, Collier County Human Services Department, David Lawrence Center (inpatient mental health facility, with outpatient services), and Hospice of Collier County The Neighborhood Health Clinic (a privately funded volunteer physician clinic, which charges a minimum fee for services provided to working uninsured adults) is an advisory to the organization. PLAN is a public/private partnership whose mission is to provide the underinsuredluninsured residents of Collier County a continuous, high quality health care service delivery system. Please see Attachment 2 PLAN is the interface and the referral system for all the healthcare providers in the PLAN initiative. All patient referrals are done through PLAN's patient care coordinator. The three primary care health centers (4 clinics), providing access to primary care to low-income uninsuredlunderinsured, are key participants in PLAN. Designated PLAN locations (the primary care clinics and the patient care coordinator) establish eligibility for the program. The Horizon clinic is one of the locations. Once a patient is deemed eligible for the program, appropriate referral infonnation is sent to the PLAN patient coordinator. The needed services are then scheduled and all infonnation is transmitted to the appropriate physician offices meeting all HIP AA regulations. Medical records are transmitted according to need, again, meeting all HIP AA regulations. IV. Cost-Effectiveness By expanding the clinic to evening and weekend hours cost effectiveness will be achieved being available for patients who seek primary care in the hours that they may require services without jeopardizing their current employment status. Of the total number served, 95% or greater will establish a primary care home either through continued association with the Horizon's Primary Care Clinic or through a referral to PLAN of Collier County. v. Patient and Provider Satisfaction Patient and provider satisfaction will be measured by the use of surveys conducted on an on-going basis. Such surveys are routinely conducted and 3 Agenda Item No. 16D9 June 28, 2005 Page 18 of 19 reported to the Quality Improvement Committee of Collier Health Services, Inc. and the Governing Board as part of the Collier Health Services, Inc. Perfonnance Improvement Plan. Upon intake, patients are given a copy of their rights and responsibilities as a patient at Collier Health Services, Inc. Patients are provided the opportunity to discuss with the Patient Services Representative any questions they may have regarding these rights and responsibilities. Vll. Internal Quality Assurance CBSI will operate the expanded primary care clinic and currently has a Quality Improvement PIan that is designed to provide a planned, scientific, systematic, and consistent manner with which to measure our adherence to standards, statutes, rules, regulations, and ethics of their organization. The plan directs the ongoing processes for continuously improving the healthcare outcomes of patients, patient satisfaction, and CHSI's perfonnance against industry benchmarks. This plan is collaborative and multidisciplinary, crossing all departments and services of CBSI in order to effectively respond to the needs of our patients, providers, staff and the community. CHSI's mission is the commitment to deliver quality healthcare to each patient served. VI. Health Status Outcomes Through expansion ofthe Horizon's Primary Care Clinic the following outcomes are anticipated: [J 80% or more of the patients served will express satisfaction with the services received. [J 100% of pediatric patients who present for preventative care will have their immunization status evaluated annually and will be offered or referred for vaccination if appropriate. [J 100% of sexually active females presenting for preventive care will be offered PAP smears or a referral to receive a PAP smear. [J 80% of patients with Diabetes Mellitus will be offered a comprehensive foot exam at least annually. [J 80% of patients with Diabetes Mellitus will be offered Nephropathy screening at least annually. [J 100% of all adult patients seen will be screened for hypertension. Vll. Data CoUection System CHSI will provide overall cost effectiveness and project goals through standard UDS data that is submitted annually to the Bureau of Primary Health Care. The submitted data will measure/compared against the applicable federal guidelines. 4 --~--_.."... Agenda Item No, 1609 June 28, 2005 Page 19 of 19 CHSI will also review and reconcile available data from the NCH Health Care System to measure this proposal's effect on emergency room diversion. As mentioned above the UDS data will be submitted annually, while the emergency room diversion data will be provided quarterly. The patient satisfaction data will be provided quarterly. VßI. Local Resources/Budget Information The annual local cash match of $51,500 will come from Collier County Government, the United Way of Collier County and the Community Foundation of Collier County. Collier County United Way and the Collier County Community Foundation are partnering and agreeing to provide a combined amount of $25,750 towards the required'match for the fIrst year of funding, $12,875 for the second year of funding, and $6,437.50 for the third year. Collier County Government will provide a total of $25,750 for the period August I, 2005 through September 30, 2006, $38,625 for the period of October 1, 2006 through September 30, 2007, and $45,062.50. These commitments combined amount to $51,500 cash match annually for the project proposal request of$103,000 from the Department of Health. In addition in kind expenses associated with the project include staff associated with the expanded clinic to include (1) Nurse at 20 hours'" 48 weeks = 960 hours ... 18 per hour = $17,280; (1) Certified Nurse Assistant at 20 hours ... 48 weeks = 960 hours ... $11 per hour = $10,560; (2) Customer Service Representative at 20 hours ... 48 weeks = 960 hours ... $11 per hour = $21,120 for a total personnel cost of $48,960. Fringe benefits are factored at 24% of $48,960, or $11,750 for a total personnel and fringe cost of $60,710. This in kind contribution is being provided by CHSI. In addition, CHSI is providing an in kind contribution associated with operating Horizon's Primary Care clinic with expanded hours for utilities expenses, i.e., electric, water, phone associated with the expanded operating hours of the facility are anticipated to be an additional $125 per week'" 48 weeks = $6,000. See Attachment 4, 5, and 6 for further budget infonnation 5 Agenda Item No. 16010 June 28, 2005 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to approve a budget amendment in the amount of $409,600 to fund payment to the City of Naples under the Interlocal Agreement for Reciprocal Beach Parking Obiective: To provide free beach parking for all County and City residents at all County and City beaches. Considerations: The City of Naples and Collier County have an interlocal agreement under which all residents of Collier County may obtain beach parking stickers valid for free parking at any County or City beach designated parking location. Terms of the agreement call for the County to pay the City an annual fee. The payment amount is 82% of the City's net loss for the City's beach and beach parking program. The City of Naples submitted an itemized invoice to the County for FY 04 that included a line item for the City of Naples fireworks display. The Parks and Recreation Department disputed this charge, and $28,000 was removed from the bill, bringing the FY 04 total to $432,911. Fiscal ImDact: Funds were budgeted in FY 04, but reverted to Reserves unexpended while staff resolved the disputed portion of the bill with the City. Funds in the amount of $23,311 are currently available. Staff has prepared a budget amendment appropriating $409,600 from reserves to fund the balance of the FY 04 payment of$432,911. Growth Manaaement ImDact: This action furthers the directive of Policy 1.3.2 of the Recreation and Open Space Element of the Growth Management Plan: "Continue to ensure that access to beaches, shores, and waterways remains available to the public." Recommendation: That the Board of County Commissioners approves the budget amendment in the amount of $409,600 to fund payment to the City of Naples under the Interlocal Agreement for Reciprocal Beach Parking. PreDared by: Amanda Townsend, Operations AnaJyst, Parks and Recreation "..,-., Item Number Item Summary Meeting Date Approved By Kathy Carpenter Public Services Agenda Item No. 16010 June 28, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16D10 Recommendation to approve a budget amendment in the amount of $409,600 to fund payment to the City of Napies under the Interlocal Agreement for Reciprocal Beach Parking. 6/28/2005 9:0000 AM Executive Secretary Date Public Services Admin. 6/13/200510:36 AM Approved By Murdo Smith Public Services Beach and Water Superintendent Date Parks and Recreation 6/13/20051:37 PM Parks & Recreation Director Date Approved By Marla Ramsey Public Services Parks and Recreation 6/16/20059:05 AM Administrative Assistant Date Approved By OMB Coordinator County Manager's Office Office of Management & Budget 6/16/2005 2: 22 PM Approved By Gary A. Vincent County Manager's Office Management & Budget Analyst Date Office of Management & Budget 6/17/20059:25 AM Date Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget 6117/200510:26 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 6/17/200512:02 PM '.---"'.-,,, EXECUTIVE SUMMARY Agenda Item No. 16E1 June 28, 2005 Page 1 of 3 Recommendation to award Bid # 05-3827 "Temporary Laborers" to Tandem Staffing, Able Body Labor and Pacesetter Personnel Services for Collier County Work Projects OBJECTIVE: To contract with recommended bidders to provide temporary labor services to Collier County. CONSIDERATIONS: A need exists within Collier County Government for more manpower to complete work in a professional and timely basis. Temporary labor services provide departments with the flexibility, on a daily basis, of increasing the work accomplished by existing County personnel. ..- On April 1, 2005, formal bid invitations were posted in the lobby of the Purchasing Building and distributed to seven (7) firms that provide temporary skilled and unskilled labor services. Bids were received on April 20, 2005, and opened from three (3) competing firms. During the evaluation of the bids, Staff determined that it would be in the best interest of the County to award the bid to Tandem Staffing on a primary basis as the lowest, qualified and responsive bidder and to Able Body Labor and Pacesetter Personnel Service, on a secondary basis. Multiple vendors are necessary due to staffing needs necessitated by time and scope of work to be performed. A single temporary labor contractor may not have the level of staffing needed on large or unanticipated projects. The multiple award also allows the County to take advantage of pricing from all firms. The order of utilization under this contract is recommended as follows: 1. Tandem Staffing 2. Able Body Labor 3. Pacesetter Personnel Services FISCAL IMPACT: This contract may be utilized by all County departments. Funds are budgeted in each department's respective cost centers as needed. GROWTH MANAGEMENT PLAN: There is no impact on the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners award Bid No. 05- 3827 "Temporary Laborers" to Tandem Staffing as primary vendor, Able Body Labor and Pacesetter Personnel Service as secondary vendors to provide temporary laborers as needed. PREPARED BY: Daniel R. Rodriguez, MBA, CFM, Facilities Manager Department of Facilities Management ,,- ",,··_.,~,H'··'"_" Agenda Item No. 16E1 June 28, 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16E1 Recommendation to award Bid # 05-3827 "Temporary Laborers" to Tandem Staffing. Able Body Labor and Pacesetter Personnel Services for Collier County Work ProJects. 6128/2005 9:00:00 AM Meeting Date Approved By Scott Johnson Purchasing Agent Date Administrative Services Purchasing 6/812005 9:36 AM Approved By Mike Hauer Acq uisition Manager Date Administrative Services Purchasing 6/8/2005 9 :42 AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 61812005 9:58 AM Approved By Daniel R. Rodriguez, M.B.A. Facilitif>S Manager Date Administrative Services Facilities Management 6/10120054:14 PM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 6113/2005 8:39 AM Approved By Len Golden Price AdmÎnistrative Services Administrator Date Administrative Services Administrative Services Admin. 6114/2005 11 :06 AM Approved By OMB Coordinator Admìnistratlve Assistant Date County Manager's Office Office of Management & Budget 6/16/20052:10 PM Approved By Michael Smykowskí Management & Budget Director Date County Manager's Office Office of Management & Budget 6/17/200510:15 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 6/19/20051:58 PM :E""O _.c .... .... :J ("J (I)::r U) OJ U) (II c:..ª' OJ» ~.~ (1) ::t <, (1) ª. w =0 õ' ::: :::J c.... o ::r ;:, en o ;:, Agenda Item No. 16E1 June 28, 2005 Page 3 of 3 o »\)'TI'TIOCOø 0....--. ;:, Ä 0.0~3~(II~== (1) 3_ -::tÄ:J,(I) ;:, "§. 'oì (II -. == -. 0- 0.-.;::;;;:,3CD3 c""O::DCøo.ø;;} 3~ø3::D-i::D3 ::D2ã>i"OJ(1)II>ti5 ø (I) CD'" ãt.§j ¡¡) 0 ("J :J :::J 0 I.". @ !!!,-("J- 0 l~ < -i ø ~ ... I..... i.tIø(llà¡ ~ r- 0-3>e.¡ ~ OJ (f :::(II OJ g II> -- 0" ... o:::J 0 (\) ::::>0" .... ... ( ) C ø 0- (II ..., 5' ~~ ~~~~ð~ C (II ... .... z ............"'0 ~ c.JCO--'¡1\) ~ )10 ~c.J ......(t)~~o r-g: »o-<co.þ.(J O'IO III... ~ ~::r::Eog-m ~ä:o"'O w .¡:.. Ä~ ~ --.¡ (J '--0 co 0 "'(2) ~ b 0.... o 0 ~~~~go C 0 .... !:2. ~ ...........a.--'- z- c.JCO--.¡.... ;;::wo ......W(t)N<O(,o _ "'......O').¡:..W01 'ª ~ -I Q :::I ~:r::E()Q. (¡ (I) 0 CD -ø¡n3 .¡:.. Ä_ ~ -:¡:-¡ 8 0... w 0') co m o () o en ti -: ::r n ........I\)....~ ~!t: zz ~?!X'~ 5..-: );;);:-<og:~~~ ~ii1 ~ ~:r::E() g ~i.tIO :::I ~ ...., ,,~ CD (1\ ~ -:¡;;-o - èn èn o~ o 0 c:: i.tI o It' ¡¡r o 0'1 W !XI I\) --.¡ -i i.tI 3 -0 o .... OJ -< r- ID 0" o ã1 .... (II ~ 2: I\) 9 I\) o o U1 041 I) 0 :J \D- ::D$l &.s: ëi! I) (C:J C OJ CD(C N ~ !P.z 0.0 ::D =. ø ("J ("J CD ø en <' en CD CD !=!-::t !=-?~ ! t I I"~ I ! ' Agenda Item No. 16E2 June 28, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners award Bid #05-3806, Purchase of Protective Footwear, to Vic's Shoe and Boot and to Safety Shoe Distributors OBJECTIVE: To obtain approval from the Board of County Commissioners to award Bid # 05- 3806, Purchase of Protective Footwear, to Vic's Shoe and Boot and to Safety Shoe Distributors. CONSIDERATIONS: On July 17, 1998 the Risk Management Department implemented a program to provide protective footwear to those employees who face the hazard of foot injury in the performance of their duties. The proposal set forth a hazardous identification program, whereby a determination of need would be established for each employee through the completion of a personal protective equipment assessment for each position. After reviewing loss data associated with foot injuries, it appeared that most of these injuries could have been prevented if proper protective footwear were worn. A Protective Footwear Policy (CMA 5806) was put in place to set forth procedures to govern the purchase, inspection, replacement, and use of protective footwear. Risk Management staff, through the Purchasing Department on March 7, 2005, requested bids from eight vendors who provide protective footwear. Two vendors responded with bids. These vendors were Vie's Shoe and Boot and Safety Shoe Distributors. Both vendors met the requirements of the bid specification and between the two vendors the County will be able to meet the personal protective footwear needs of its employees. FISCAL IMPACT: Approximately 300 Collier County employees will be issued protective footwear due to the hazardous tasks they perform. The average price of each pair of protective footwear is $80. The total cost for this purchase should not exceed $25,000. Protective footwear costs are budgeted within respective department budgets. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this request. RECOMMENDATION: That the Board of County Commissioners approve award of Bid #05- 3806 for the purchase of protective footwear to Vie's Shoe and Boot and to Safety Shoe Distributors and authorize staff to execute those budget amendments necessary to finalize this purchase. PREPARED BY: Michael Dock, Safety Manager, Risk Management Department ,.-~ ._-~........"_...,, Agenda Item No. 16E2 June 28, 2005 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16E2 Recommendation that the Bee award Bid #05-3806, Purchase of Protective Foolwear to Vie's Shoe and Boot and 10 Safety Shoe Distributors 6/2612005 9:00:00 AM Meeting Date Approved By Jeffrey A. Walker, CPCU, ARM Risk Management Director Date Administrative Serl/ices Risk Management 6/7/20052:22 PM Approved By Scott Johnson Purchasing Agent Date Admìnistrative Services Purchasing 6/8/2005 4:25 PM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 6/8f2005 4:32 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Serl/ices Purchasing 6f8/2005 5:06 PM Approved By Michael T. Dock Safety Manager Date Administrative ServÎces Risk Management 619/20052:21 PM Approved By Len Golden Price Admínistratíve Services Administrator Date Administrative Services Adrninistrative Servíces Admin, 6/14/200510:56 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 6116/20052:11 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Offìce Office of Management & Budget 6117/200510:02 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 611912005 2: 01 PM &:J~~N ~~~-ë . -Ii: ~ o <X) CI) .- ZNIDJQ) E~tiJ ~ 2":;·~ IJ -;:; õ~ "0 c.a c .......... ( ) 0 0 0) W Q) <C .a.a E E :J :J ZZ .oJ UI C Q) o .c U> ~ ..- nI U> ~::fnlE~::f U1ZC:JroZ ...... ,2 Eo ~ 'x :gro~ roE...... U10Q) NNZ i...: Q)~ CIu ro 0 iijo :2w ...... ro UJ:; Q) U "e~ CL G> o .c U> "C I: nI - o o IJJ _UI U :> ~::f:ß>-!!,)::f U1Z':: roz ...... ro 0 > 0 M Q) Z â) "'C ]5 Q) ro J:; U U â) I'Ë ~ ]5 c. < ro ro iií U ..... 'Ë '=- :.::::¡ IJ g c IJ Q) 0 Ig .~ ...... .- I .g E~ .~ := I cÌJ ]j~ .....- c E CLQ)"'C .... ro ro 01 I- Q) ro ..... ro c Q) ~ () ._ '- 1+-0 .... > =:¡> ü ~ ïii :2 c "ãj 0 ro :t= c. c."'C Q) U t ,~ o .... oCJ)~cE~ (DLLc: ro c o Q) 0 ~.........ro~E 3: ro ~"~ ü ro.E.EIJ CL:J Q)""") ..nom c: ~~gë.-g û5 ¡,¡ IJ o Q) :J ~""""'ëiiEQ) -E Q) "'Cõ c (¡j~~roE:g c c ~~ iDe:: « CLüüüCL« «5: "r¡ st ::>!I!:! N .::J 0 "" Nii ~ ci có"iji "~ ZN!l )(I) Eg?~ ~ CD :::¡ 0 II) == -':.s "U ro CD -0 __ ~ ~ ~ ;¿: .8.8 E E :::¡ :::¡ zz i..: (I)..\<: 010 ro 0 ájO :2ã> _ ro o.r= (I) 0 "e~ D.. , , I (I) ... ro ~õ o ro o ... cou..E ~ (I) 0 ('")"~ ü .nom o (I):::¡ ~e2 £DD..« ,......... Agenda Item No. 16E3 June 28, 2005 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to award Bid #05-3853, "Small Landscape Equipment" to Barry's Gravely Tractor, Capri Lawn & Garden Equipment, Florida Motor Sports, Naples Armature Works, and Small Engine World. Expenditures are expected to range between $40,000 - $50,000 annually. OBJECTIVE: To obtain approval from the Board of County Commissioners to award Bid #05-3853 to specified equipment dealers for purchase of small landscape equipment and small engine equipment parts and service. CONSIDERATIONS: Collier County Government owns over 1,000 items of powered landscaping/grounds equipment and other miscellaneous small engine equipment. The Fleet Management Department is responsible for maintenance and repair of this equipment and is sometimes responsible for replacement of smaller equipment when repair is no longer economically feasible. This bid establishes a two-year contract with manufacturer authorized equipment dealerships for small equipment, parts, and service. Bid invitations were posted on May 11, 2005 and thirty-eight notices were sent to prospective bidders. Five bids were received by the June 1, 2005 due date trom the following dealerships: Barry's Gravely Tractors, Capri Lawn & Garden Equipment, Florida Motor Sports, Naples Armature Works, and Small Engine World. Award is recommended to all five bidders for the products for which they were sole bidders or had the highest discounts as indicated on the attached Bid Matrix. FISCAL IMPACT: Funds for small equipment purchases and maintenance/repair are budgeted annually in the Fleet Management Fund 52] operating budget. Expenditures are expected to range between $40,000 - $50,000 annually. GROWTH MANAGEMENT IMPACT: No growth management impact in involved. RECOMMENDATION: The Board of County Commissioners award Bid #05-3853, "Small Landscape Equipment" to referenced dealerships for the products indicated on the attached Bid Matrix. PREPARED BY: Dan Croft, Fleet Management Director ,- .""...."..-...,--. ---"'---~-'~--~._---".- Agenda Item No. 16E3 June 28, 2005 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16E3 The Board of County Commissioners award Bid #05-3853, "Small Landscape Equipment" to referenœd dealerships for the products indicated on the attached Bid Matrix. Expenditures are projected at $40,000 - $50,000 annually. 6/28/2005 900:00 AM Meeting Date Preps red By Date Dan Croft Fleet Management Director 619/20059:34:'18 AM Administrative Services Fleet Management Approved By Dan Croft Fleet Management Director Date Administrative Services Fleet Management 619120059:27 AM Approved By Scott Johnson Purchasing Agent Date Adminìstrative Services Purchasing 6/9120053:35 PM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 6/14/200511:04AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 6/14/2005 5: 26 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 6/15/2005 5:32 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 6/16120052:13 PM Approved By Michael Smykowski Management & BudgBt Director Date County Manager's Office Office of Management & Budget 6/17/200510:05 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 6/17/20056:44 PM ,. co LO ~-o - C ) e > C ) .- (J) C ) u en C ) ¡sa:: :¡:;; en o C ) ZOJ CO ~ U CO 0.. ~ e o e co o ìñ OJ CO e CO :2 õ < ) .~ 0.. 1: C ) E C- ':; CT w C ) C- CtI U rJ) -0 e ro ...J (ij E ~ C') LO co C') ~ : :I: -0 ffi g . LÓ «) fIJ- LO o o N o o <Ci 10 fIJ- n......... I 1/): >-! CO ¡ I :g -0' i C )CO g ea¡ I -« g (J) _?¡~ '~m ,,' ~ f ~'I"" C ) e o e ~: ! ro " o C') (¡¡~ eZ I I I ' ¡ I ~~~. I ' I I , I I I ¡ I i '1 lì11 ! I Agenda Item No, 16E3 June 28, 2005 Page 3 of 5 N .... o N Q) OJ CtI 0.. - Q) e :J , " C ) ûí o 0.. C ) - CtI o o o o C') fIJ- .---' ....- II) o o N j;1 I I Ig, I 101 I 101 ¡ l--_fIJ- ~ , .... '0 I,~, ...·CtI ~I~ "§j-g ... CtI ..8 ~ ¡~ fiji :J e o C ) .r::- ,e <ü: Om 0..1 E - ..- C ) e :J ...., (¡) :J o C ) r0- o I I ) , ... Ilr~- ;1 I" [I { I -< z~ 1\ ~ --+....)~i ~ I ~~:~~ zl~ T2~ e o <n .§ I o C ~g ,0·- tð5 § C ) 1:> C ) C ) OJ, u «"- OJI fij c " ~I¡~ u e :J : ;t: o..,~ ZZZ C ) c o e , ~ o C') (¡¡~ cZ Z,Z Z I " :ë C ) C ) 1/)1 ZiZ Z 'C ) c o e Z>-Z ,I:: ·0 ~¡~ c: ãi'.g ,g ·g·13 ~ 0.. &:E rn E ìñ (J) ~ § ìñll" 1.0 .Q1 c- +:: I- C ) ,..c -- (J) ro .~ 0""" -- - C ) ,""'E>l::u ......'--1 (1) Q) (1) o 01 e 0 E'a:: :ß .~ I ';;; Õ ~,' E '5. c. I:: 1;) I 0..1 :J I 0 0 ,2 ,- - -0 oO¡¡¡...Jc-¡e o 0 -- ö E C ) 3:13: ã; '" e :g 1-1-0:=0..« C/) 1: :J ~I 'õ ìñ .r:: Õ I .m. ------r - . ~ ~ f! (!) f! .tn 0 ~~ IU f! 10 In.... 0"--- i o CD1 N ..., ~ 1 co 10 ~"O ..... Q) c > Q) ,- m Q) o (I) Q) ~c:: :¡::; en o Q) zo> ro ~ o ro c.. ¢: e <..> c ro o ¡,,; Q) C) ro c ro ~ õ CD "(5' .... c.. 1: Q) E a. '5 0" W Q) a. ~ (I) "0 C ro ...J m E Y.J (') 10 co (') '-'b o :: ;I: "0 i:ñ ~~ I CI.I C ::J . "Ö Q) 1i) o c.. Q) êiJ o -..- CD c œ c w ¡¡;~ I~ ~ I ¡I Q. 'S C" W CD Q. III U C") tn 10" co c C")ea &b= C) - ~I~I ro "0 C o :I: c ro o '¡:: ,Q) iE Ie( , I , I .. o .... o :E III 't:I .¡: o iï:, ¡- ~i i:S ~i* ¡Cf) N'O c ! .9 ..... ~ êñ a1S (I) .~~~ ,;:: 0 10 : CO .,- ..- c ~ .... ¡ ea CJ 2 ~ 0 00(;": WNLt) o'#. (;":0 0...... 3ê: ro f/ ro ~ ~ ro~o x:~...... 3ê: ::J 0 !:I~(;": Cf)b~ ro .r:. ro E ~O ~ t'IIò'-O >-0...... ~ Q) >~ ~::O~ ,C),N 0 1** Z-¡IO,O ,:I:IN'C") i I :21~ ~ ;;f-r- 0 Cf),N ...... ! c.. ,g~~ obb W N......, ~ ,~',~ 200 ~E-ê ';jQ)t'II ¡¡j,êo.. ~':~ W I I I' I I I ! I ; i ; T .... Q) ~ .... t'II ê ~~~ Ie( b ~ (I) t t'II a.. (I) iæ ~ .....-.;,'#. (l)ZIO Q) Q) c:: Q) (I) o :r: - E E ~:~ ::JO:IOI C/J:.....:~: ) ei Q) Q) Q) ,Q) ,0 0 i c '" 0 I c O'~ ~ ~I~ -,~~~-- ..... t'II o , ~~I~ = Lt)10¡ ~ ~ ~ 00......1......, zzz ... °n° ~ ,~ .~ 2 0,0 r~~1~, 'CT W ¡ Agenda Item No, 16E3 June 28, 2005 Page 4 of 5 N "- o Q) 0> t'II a.. 10 o o N Q) c ;:¡ . è¡) ::J o Q) ãí o ... Q) a. ... a.1/J o 0 .r::<..> <..> .... Q '~m~ .- Q 0 00...... ... 0 0 Q) I/J (I) Eðð 0_(1) roCt -Q ro ê E,o.. ro 0.: ~ '5' 0" W .... Q) :g~~ x:.~o Q c I'g C W g, .;::~~ oozo .... ro ~ it'll .5 '" :"0 g, '" (;":, 'c ~ * c>' š ~__~+~ ~ I , I ! I i e *1*1 ~*I* ~ N1T;= I -~"9;= Ie: "0: X ø ¡ãi 'Q 0 .r:: 1-,<..> ¡¡¡ êiJi æ i :I: , ß ëii * :2:1:'* ~ 00)0 ;=oå ( )o...... Cf)N..- .... 0 0 '-:!o U ~ ,~ .~ ~I"~ ,~ l.2ìO 0 .2 0 0 i g'1: (I), g 1: (I) "- Q) t, _i Q 16 ê E~: ê· Eo.. roo. rolo. ~ '5" ~"ã CT' '-' Wi W ¡ c:1 Q) ,.- "0 , ... iro i.Q E 0 * 0(;":0 000...... ....-.......-. -- JJc:: iro 'Q) it) .... 'Q ~~* i:i.iZLt) I/J E Q ø ::>. Cf) Ig ,.~ I~** Cf)~g .... 0 u '~ b~~'iŠl g,c: -ê '5Q)ro cEo.. ro ~ '5. 0"1 Wi Agenda Item No. 16E3 June 28, 2005 81 D MATRIX Page 5 of 5 BID #05-3853, SMALL LANDSCAPE EQUIPMENT EQUIPMENT PARTS & SERVICE, AND ASSOCIATED QUOTES Dealer> Barry's Capri Florida Motor Naples Small Eng. Gravely Lawn Sports Armature World Labor> $56.00 $48.00 $65.00 $30.00 $50.00 MANUFACTURER Equip Parts Equip Parts Equip Parts Equip Parts Equip Parts After Market Banjo Liquid Handling ',..... ..':........ Products 30% Billie Goat 10% 10% 1"110'':' ,'¡¡'¡¡,j, Bobcat-Textron = Bombardier ~-""""'''' Briggs&Stratton N/A 0% Dixie Chopper Echo 20% 5% ~ Goodyear Gravely 25% 0% 2S~ .1cw.. Hand Tools 1'5% 1~~ Honda Honda (American) Hypro Pumps John Deere Mowers, II Tractors, Utility Vehicles ~. John Deere Attachments , and Accessories ,./>,150/.:, 0% Kawasaki Engines 10% Kohler N/A 0% i~Al 15'% Lubricants .20%h<i·ði~f .'" Polaris liwAji'..Ú'¡Ö% Pressure Washers ~ ' ~¡,,'~~¡I Silver Streak Sprayers/Spreaders SprayerslTanks 25"/. " 30%< Spraying Systems ~ 2~.4/ ')Q% Stens Stihl _20% 10% Summit Hose Reels - Suzuki Tecumseh Engines 1.(1%", .015". TireslTubes ~·".i' ·····nla>'. Toro 1·~4l[·,,··'..!tQ%, Yamaha I BOLD/SHADED PRINT INDICATES LOW BIDDER OR SOLE BIDDER DISCOUNTS, AND RECOMMENDED PRIMARY VENDORS, BY MANUFACTURER OR PRODUCT, FOR BID AWARD. DC* - Dealer Cost Agenda Item No. 16E4 June 28, 2005 Page 1 of 83 EXECUTIVE SUMMARY Recommendation to utilize the contract between Pine lias County Government and CS STARS, LLC (Contract No. 034-770-P) for the purchase of a Risk Management Information System at a cost of $70,175 per year. OBJECTIVE: To receive approval to utilize the contract between Pinellas County Government and CS STARS, LLC for the purchase of a Risk Management Information System. CONSIDERATION: As part of the FY 05 budget process, the Board authorized staff to pursue the purchase of a Risk Management Information System (RMIS). This system will allow Risk Management staff to more efficiently utilize existing resources to manage the various processes and activities of the department through an efficient centralized system. These processes and activities include claims intake and management; subrogation program management; risk identification and measurement; the scheduling and valuation of assets for insurance reporting purposes; the development of cost allocations systems; the creation of loss projections and the preparation of loss triangles; the calculation of experience modifications which affect reinsurance rates; policy management and the tracking of pOlicy aggregate erosion; the tracking of contract insurance certificate management; safety program management including root cause analysis, the tracking of OSHA recordables and safety program compliance; and real time management reporting. Currently each of these processes is largely manual in nature. In addition, this system will allow staff to perform most of their current activities online, thus creating an efficient use of existing office resources through reduced paper management. During the development of an RFP for release, staff learned that Pinellas County Government had completed a similar RFP process in October, 2004, wherein they pre- qualified, analyzed and selected an RMIS vendor. Pinellas County staff recommended and the Pinellas County Board of Commissioners approved the purchase of the STARS system. Risk Management staff, Information Technology staff and Purchasing staff began a review of the Pinellas County RFP and selection process and concluded that the process utilized by Pinellas County met or exceeded the requirements of the Collier County Purchasing Policy and thus, was sufficient for the purpose of a "piggyback" purchase. Staff then began a technical, functional and background review of the STARS system. This process included three functional demonstrations; a technical review by IT staff which included system architecture and compatibility testing; and background interviews with four current STARS clients including Polk County Government who has used the STARS system for over six years. Each of these review processes revealed positive results. Agenda Item No. 16E4 June 28, 2005 Page 2 of 83 The STARS application will integrate with other County systems and will be compliant with various State and insurance carrier mandates. STARS is the largest provider of Risk Management information systems software and is used by over 800 clients, including the State of Florida, the City of Jacksonville, Sarasota and Broward counties. Once a selection is finalized, implementation is expected to be completed within eight months. FISCAL IMPACT: The cost of the STARS system over a three year period is $113,375 the first year (including implementation); $48,575 in the second year; and $48,575 in the third year for a total cost of $210,525. CS STARS, LLC has agreed, at no additional cost, to offer a three year agreement at a cost of $70,175 per year to allow the county to spread the implementation cost over the three year agreement. Sufficient funds are budgeted within Fund 516, Property and Casualty Insurance and Fund 518, Workers' Compensation Insurance for this purchase. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: That the Board approve utilization of the contract between Pinellas County Government and CS STARS, LLC for the purchase of a Risk Management Information System, authorizing staff to negotiate a three year contract and authorizing the chairman to execute said contract subject to the approval as to legal sufficiency by the County Attorney's Office. PREPARED BY: Jeff Walker, CPCU, ARM, Director, Risk Management Agenda Item No. 16E4 June 28. 2005 Page 3 of 83 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16E4 Meeting Date Recommendation to utilize the contract between Pinellas County Government and CS STARS, LLC (Contract No. 034-770-P) for the purchase of a Risk Management Information System at a cost of $70,175 per year. 6/28/2005 9:0000 AM Prepa red By Date Jeffrey A. Walker, CPCU, ARM Risk Management Director 6/912005 9:40:53 AM Administrative Services Risk Management Approved By Jeffrey A. Walker, CPCU, ARM Risk Management Director Date Administrative Services Risk Management 6/9/2005 3:57 PM Approved By Mike Hauer Acquisition Manager Date Administrative Servic.es Purchasing 6/14/2005 11 :09 AM Approved By Scott Johnson Purchasing Agent Date AdminÎstrat.Îve Services Purchasing 6/14120051 :32 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Admínìstrative Services Purchasing 6/14/20055:22 PM Approved By Jose Dominguez Senior Tech Support Professional Date Administrative Services Information Technology 6/15/2005 8:25 AM Approved By Len Golden Price AdministraUve Servìces Administrator Date Administrative Services Administrative Servíces Admin, 6/15120055:30 PM Approved By OMB Coordinator Adminìstratìve Assistant Date County Manager's Office Office of Management & Budget 6/16/20052:13 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 6/171200510:11 AM Approved By James V. Mudd County Manage,. Date Board of County Commìssioners County Manager's Office 6/17120056:59 PM Agenda Item No. 16E4 June 28. 2005 Page 4 of 83 BOARD OF COUNTY COMMISSIONERS Consent Agenda Regular Agenda / DATE: January 11, 2005 AGENDA ITEM NO. o Public Hearing 0 \.f-Lf County Administrator's Sianature: ~ Subiect: Award of Final Negotiated Agreement - Risk Management Claims Administration System Contract No. 034-770-P (DM) DeDartment: Purchasing I Risk Management Staff Member ResDonsible: Joe Lauro I Beth Wininger Recommended Action: I RECOMMEND THE BOARD OF COUNTY COMMISSIONERS (BOARD) APPROVE THE FINAL NEGOTIATED AGREEMENT FOR THE RISK MANAGEMENT CLAIMS ADMINISTRATION SYSTEM WITH MARSH RISK TECHNOLOGIES COMPANY (MARSH), ATLANTA, GEORGIA IT IS FURTHER RECOMMEND THAT AFTER PROPER EXECUTION OF THE AGREEMENT BY THE CONTRACTOR, AND AFTER WRITTEN APPROVAL AS TO FORM BY THE OFFICE OF THE COUNTY ATTORNEY, THE CHAIRMAN BE AUTHORIZED TO SIGN AND THE CLERK BE AUTHORIZED TO ATTEST. SummarY EXDlanation/Backaround: On October 19, 2004, the Board approved the ranking of firms for the Risk Management Claims Administration System and authorized staff to negotiate with the number one ranked firm, Marsh. This Agreement is to provide a Claims Administration System software application to accommodate claim adjustment activities for both liability and workers compensation claims. This software will be used for the handling of claims against Board and all Appointing Authorities. Staff successfully negotiated a schedule of cost and de live rabies as follows: 1. Contractor will provide installation of STARS APPLICATION SERVICE PROVIDER (ASP), an extension of the STARS risk management information solution as described in Appendix A:. STARS ASP Data Warehousing Solution. ASP is the vendor's remote data storage site that will warehouse the County's data. This solution wiU allow Risk Management to avoid expenditures for current and future hardware and technical support staff. See attached pages 99 through 101. First year ASP and Support Fees are billed at $6,059.00 2. The Contractor will provide Software Licensing and Services, Maintenance and Support at a cost of $211,885.00 for the first year. Thereafter, the ongoing annual License, Maintenance and Support Fees will be billed at a cost of $21,359.00 per year for two (2) years. The negotiated price of $260,662.00 resulted in a savings of $17,038.00 over the contract period as compared to the original proposal. This is a thirty-six month contract with no renewals. Revised 07-18-03 Page 1 of 2 FlscallmøactlCostIRevenue Summary: TOTAL FIRST YEAR EXPENDITURE: 1Wo-YEAR MAINTENANCE & SUPPORT EXPENDITURE: TOTAL EXPENDITURE NOT TO EXCEED: $217,944.00 $ 42,718.00 $260,662.00 Funds are available in Risk Management's budget and from SMART Technology funds. Exhlblta/Attachments Attached: 1. Contract Review 2. License and Terms of Agreement 3. Cost Summary 4. Appendix A - STARS ASP Date Warehousing Solution 5. Board Order and Agenda Form Dated October 19, 2004 Agenda Item No. 16E4 June 28, 2005 Page 5 of 83 Revised 07-18-03 Page 2 of2 ! Pinellást~ ~~ ~ CONTRAC'I' REVIEW TRANSMITTAL SLIP tgenda Item ~ }.6E4, June 4:5, a051 Pa e 6 of 83 RECEIVED PROJECT: RISK MANAGEMENT SOFTWARE COMPUTER SYSTEM BID/RFP NUMBER: 034-770-P REQ. NUMBER: TYPE: _Purchase Contract _Construction-Less than $100,000 ~ One Time In accordance with the policy guide for Contract Administration, the attached documents are submitted for your review and comment. Upon completion of review, please complete the Contract Review Transmittal Slip below and forward to the next Review AuthoritY on the list. Please Indicate suggested changes by revising, In RED, the appropriate sectIon of the document reflecting the exact wording of the change. RISK MANAGEMENT Please enter required liability coverage on pages: 9-10 -tJr$ this IS an annuaUseml-annual re ulrement contract. Estimated E ndlture: . REVIEW REVIEW AUTHORITY REVIEW REVIEW COMMENTS (Attach Separate COMMENTS SEQUENCE DATE SIGNATURE page1fnecessaryj INCORPORATED 1. PurchasIng Dept. Cr{1 (Originator) 2. RISK MGMT. 7/q /0 Attn: Beth WalTen WInInger, DIrector 8vJ ~fonYI (t-D 011 Sys-C. ~ t?86 þ.,ffJ6 ;.J~?N t? c:Jé€ ¡PA.I!.:~ 3. Attn: Don Lord, Director rÆÇj4 12,11..-) C'?,\8/'t<t RIsk Man.oement. ~\ HIGH RISK 4. Attn: :-ItftI I'\'II~"" '- ~ (Please ~'íÞtIi~ilè Ñ~~t"P right) WRAP INS PROJECT BCC Finance Aft'." ':" ~ lA, f"¿>'--." 5. Attn: Robert Woodall Î~/hl./ 111 ~~~ Attn: Mark Woodard ~-J:10(f't Cf{Sr 6. Asst. County Administrator 7. Asst. County Administrator Attn: NIA .btiI!! 8. Attn: MIchelle Wallace RETURN TO PURCHASING In order to meet the following achedule, please return your requirements to Purchasing by July 12. 2004 APPROXIMATE JUL 2 0 2004 Legal Ad-BIDIRFP Mall Out: Friday. July 16. 2004 BIDIRFP Opening: Tu day, August 17, 2004 @ 3:00 M Board Approval: Tuesdav. SeDtember 7. 2004 Approval as to Form, Subject to proper execution Legal Attn: Michelle Wallace Le al Attn: Michelle Wallace All Inquiries should be made to Dorothv"Dot" Milton. CPPB. Procurement Analvst Extension 43152 ED COUNTY ATTORNEY Agenda Item No. 16E4 June 28, 2005 Page 7 of 83 License and Terms of Agreement General Terms and Conditions of Agreement for ST ARSSM Program and Services. I. The services to be provided by Marsh USA Inc. ("Marsh") to Pinellas County, Board of County Commissioners, ("you" or "Pinellas County" or "County") will be substantially as described in the Statement of Work attached as Exhibit A. 2. STARSSM is the Marsh proprietary trade name for the STARSsM software products (the "ST ARSSM Program Editions") offered for license by Marsh. For purposes of this agreement and the attached Statement of Work, the term "Program" shall mean the modules of the specific STARSsM Program Edition(s) identified in the Statement of Work as being licensed to you by Marsh, excluding source code, and including all updates and modifications thereto (individually and collectively referred to in this agreement as "Published Upgrades"), in each case prepared by Marsh and generally distributed by Marsh to customers licensing the Program, and all related documentation thereto (the "Program Documentation"). You are hereby granted a non-exclusive, non-transferable license to access and use only those modules of the Program, only for that number of licensed users, and only on that number of computers at the locations, specified in the Statement of Work. You may use the Program in accordance with such license to manage information relating only to your company or its subsidiaries or affiliates, but not any other companies, and not for any other purpose or in any other manner. Other than as stated in this Section 2, Marsh retains all rights, including copyrights, in and to the Program. 3. You may access and use the Program only within your company. You may not distribute, demonstrate, allow access to, or otherwise disclose the Program (or any part thereof) to anyone ttom outside your company. You may not sub-license, assign or transfer to anyone the Program or any part thereof or your license to use the Program or any part thereof. Any such sub-license, assignment or transfer will be void as ttom the outset. You agree to protect the Program with at least the same degree of care and confidentiality, but not less than a reasonable standard of care, which you utilize for information that you do not wish to disclose to the public, subject to the requirements of applicable public records laws. You agree to provide, throughout the term of this agreement, equipment and software to operate the Program in accordance with, and to otherwise comply with, the hardware/software specifications for the Program, and to make such equipment available so that the Program may be installed and accepted. You also agree to be responsible for obtaining all software licenses necessary to enable the Program to operate on such equipment, to take the actions described in the Statement of Work and to provide to Marsh access to such of your personnel, facilities, and information as is reasonably requested by Marsh to enable Marsh to fulfill its obligations under this agreement. You agree not to copy the Program, provided that you may make a reasonable number of copies of the Program Documentation for your internal use with the Program so long as all copyright notices are reproduced. You will be responsible for the confidentiality and use of all IDs, passwords and other security data, methods and devices furnished to you in connection with the Program. You US/RO 1/0 1 /2004 Agenda Item No. 16E4 June 28, 2005 Page 8 of 83 will be solely responsible for the use of any data and information obtained, and all transaction requests electronically transmitted, by any person using your IDs and other security data. You will be responsible for all maintenance, including of site content, and security required or appropriate in connection with the Program, except as expressly referred to in the Statement of Work as being provided by Marsh. You will designate an employee of yours responsible for maintenance and security and shall provide Marsh notice in writing of the name of the person so designated and of any changes in said designee. YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF THE PROGRAM, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE PROGRAM AND/OR MAKE COPIES OF SUCH MATERIALS FOR USE WITHIN YOUR ORGANIZATION, PROVIDED THAT ALL COPIES RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. MODIFICATION OF THE PROGRAM'S CONTENT IS A VIOLATION OF MARSH'S COPYRIGHT AND OTHER PROPRIETARY RIGHTS. YOU MAY NOT OFFER ANY PART OF THE PROGRAM FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO A COMPUTER NETWORK OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF MARSH. YOU MAY NOT USE THE PROGRAM AND THE INFORMATION CONTAINED THEREIN TO CONSTRUCT A DATABASE OF ANY KIND OR TO IMPROVE THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY. THE PROGRAM MAY NOT BE STORED BY YOU (IN ITS ENTIRETY OR IN ANY PART) IN DATABASES FOR ACCESS BY YOU OR ANY THIRD PARTY. FURTHERMORE, YOU MAY NOT DISTRIBUTE ANY DATABASE SYSTEMS CONTAINING DATA OBTAINED FROM THE PROGRAM. YOU MAY NOT USE ANY OF MARSH'S NAMES OR MARKS IN ANY MANNER THAT CREATES THE IMPRESSION SUCH NAMES OR MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR IMPLY ANY ENDORSEMENT BY MARSH, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES OR MARKS. 4. Marsh will not disclose to any third party any confidential information of your company to which it may be exposed in the course of providing the services required by this agreement, except as contemplated by the Statement of Work or in furtherance of insurance brokerage, risk consultancy, risk fInancing, risk transfer, employee benefits or other insurance-related services to be rendered by Marsh to your company, which may include in the nonnal course of business the release to insurers and other fmancial institutions of Confidential Information relevant to the underwriting and/or evaluation of your risks and the processing of your claims, provided that such insurers and fInancial institutions are infonned of the confIdential nature of such information. The following shall not be considered confidential information subject to this 2 USIROI/Ol/2004 Agenda Item No. 16E4 June 28, 2005 Page 9 of 83 Section 4: information that (a) is publicly known prior to disclosure to Marsh hereunder or is publicly known, other than through acts or omissions of Marsh or its employees or representatives, after disclosure to Marsh hereunder; (b) as demonstrated by prior written records, is independently developed by Marsh or is already known to Marsh at the time of disclosure; (c) is disclosed to Marsh by a third party which Marsh had no reason to believe had any confidentiality or fiduciary obligation to you with respect to such information; or (d) is disclosed as required by law. If Marsh is required by law to disclose any portion of your confidential information, including, without limitation, pursuant to the tenns of a subpoena or other similar docwnent, it shall give prior timely notice of such disclosure to you to permit you to seek a protective or similar order, and, absent the entry of such an order, Marsh shall disclose only such confidential information that it is advised by its counsel must be disclosed by law. The obligations set forth in this Section 4 shall expire two years after termination of this agreement. 5. This agreement will commence on the date stated in the Compensation Summary included in the Statement of Work and will remain in effect for three years, unless earlier terminated in accordance with the provisions of this agreement. This agreement may be terminated by either party if the other party breaches any material term and fails to cure the same within thirty days after written notice thereof from the tenninating party. If you so terminate in accordance with the preceding sentence, the annual services fee shall be pro-rated, and any amount due to either party shall be paid within 45 days. Upon the expiration or termination of this agreement, you will make no further use of the Program, will discontinue providing access to and remove all links to the Program and will either destroy or (if requested by Marsh) return to Marsh all copies of the Program (including Program Documentation) and will certify in writing to Marsh that you have done so. At the end of the term of this agreement, Marsh may (but will not be obligated to) offer you a new license agreement or renewal. If a new license agreement or renewal is offered, it (1) may be for a different version of the Program than is licensed pursuant to this agreement, (2) may require additional custom or other work to be performed to enable you to use the Program (or such different version), (3) may provide for different or additional hardware and/or software requirements and (4) may be on different terms than is contained in this agreement, including additional or different fees or other compensation to Marsh. If a new license agreement or renewal is not offered or you decline to enter into such agreement or renewal, you will be required, in accordance with this agreement, to cease using the Program, including any custom features. 6. You agree to make the payments described in the Compensation Summary included in the Statement of Work. Payments will be made by you to Marsh on the schedule stated in the Compensation Summary. Fees for additional services or expenses, if any, will be invoiced monthly as incurred. Invoices not paid within 45 days will bear interest of one percent per month from the original invoice date. If you do not pay an invoice by the later of75 days after its date or 15 days after notice that Marsh intends to terminate this agreement for nonpayment, then this agreement and all your rights hereunder will terminate without further notice. 3 USIRO 1/0 112004 Agenda Item No. 16E4 June 28, 2005 Page 10 of 83 You shall be liable for ariy taxes (including but not limited to federal manufacturers' and retailers' excise, state and local sales and use taxes, and personal property taxes), public charges, tariffs, and export and import duties, however designated, and any interest and penalties thereon, arising from this agreement, the license of the Program to you, its installation, maintenance or use or the provision of services by Marsh hereunder, other than taxes based on Marsh's income. Any taxes assessable on your copy of the Program on or after its delivery to you shall also be borne by you. All such taxes shall be included in amounts invoiced to you. 7. Marsh agrees to defend, settle, or pay, at its own cost and expense, any claim or action against you for infringement of any patent, copyright, trade secret, or similar property right arising from your use in accordance with this agreement of the Program or any other materials furnished by Marsh under this agreement. Marsh shall have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim, and you agree to cooperate with it in doing so. You agree to give Marsh timely written notice of any threat, warning, or notice of any such claim or action, with copies of all papers you may receive relating thereto. lfthe Program or any part of the Program is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted, Marsh shall, at its own expense and as your sole remedy therefor, either: (a) procure for you the right to continue to use the Program; or (b) modify the Program to make it non-infringing, provided that such modification does not materially adversely affect your authorized use of the Program; or (c) replace the Program with an equally suitable, compatible, and functionally equivalent non-infringing program at no additional charge to you; or (d) if none of the foregoing alternatives is reasonably available to Marsh, terminate this agreement and refund to you the payments actually made to Marsh under this agreement during the one year immediately preceding the injunction or restraint on the use of the Program. Marsh shall have no liability to you pursuant to this Section 7 to the extent the alleged infringement is based on a modification of the Program by anyone other than Marsh or use of the Program other than in accordance with the Program Documentation and this agreement or your use of a version of the Program other than the most recent version provided to you by Marsh. 8. Marsh may publicize the fact that your company has purchased a license to the Program. Marsh may so use the name of your company but not its logotype and will not state or imply that your company endorses or recommends the Program. From time to time Marsh may compile and sell databases of risk management information. You agree that Marsh may include in such databases the information to be processed by your copy of the Program, provided that neither the identity of your company nor of any individual claimant will be disclosed in any way. From time to time, Marsh may (and you agree that Marsh may) compile and provide certain subsets of this anonymous benchmark data to all participating companies. 9. Marsh represents and warrants to you as follows: 4 US/ROI/Ol/2004 Agenda Item No. 16E4 June 28, 2005 Page 11 of 83 (a) that the Program will perform in all material respects in accordance with the Program Documentation when used on the hardware specified by Marsh for use with the Program from time to time. (b) that, to the best of Marsh's knowledge, prior to its delivery to you, the Program will not contain any programming devices (e.g., viruses, key locks, back doors, trap doors, etc.) which would (i) disrupt the use of the Program or any system, equipment or software to which your networks are interfaced or connected; (ii) destroy or damage data or make data inaccessible or delayed, except for file and purge routines necessary to the routine maintenance of the Program; or (iii) permit Marsh personnel or other individuals access to any portion of the Program after having their usual access privileges revoked or suspended. Marsh will use all reasonable practices and security procedures necessary to avoid insertion of such devices prior to the delivery of the Program to you and will immediately remove any such devices so inserted, at Marsh's cost and expense. Marsh shall not be responsible for: (i) any inaccuracies caused by your third party computer systems, or any inaccuracies that such systems may cause within the Program; (ii) any inaccuracies caused by you entering data into the Program tables through third party tools or caused by your use of a version of the Program other than the most recent version provided to you by Marsh; (üi) any third party applications used by you in conjunction with the Program or which interface with the Program; (iv) any data that it receives from you or third party sources, including its accuracy; or (v) the Program to the extent that it is modified by anyone other than Marsh. To the extent the Program utilizes Internet systems to transmit data or communications, Marsh will take reasonable security precautions, but Marsh disclaims any liability for interception of any such data or communications, including of encrypted data. Marsh shall not be responsible for, and makes no waITanties regarding, the access, speed or availability of Internet or network systems. You agree that Marsh shall have no responsibility or liability for: (i) any injury or damages arising in connection with access to or use of the Program by you or your employees other than as authorized by this agreement, whether caused by the negligence of Marsh, its employees, subcontractors, agents or otherwise; or (ii) any fault, inaccuracy, omission, delay or any other failure in the Program caused by your computer equipment or arising from use of the Program on such equipment. The content of other Web sites, systems, products or advertisements that may be linked to the Program is not maintained or controlled by Marsh. Marsh is not responsible for the availability, content or accuracy of other Web sites, systems or goods that may be linked to, or advertised on, the Program. Marsh does not: (a) make any waITanty, express 5 US/RO 1/0 112004 Agenda Item No. 16E4 June 28, 2005 Page 12 of 83 or implied, with respect to the use of the links provided on, or to, the Program; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, systems, products or advertisements that may be linked to the Program; or (c) make any endorsement, express or implied, of any other Web sites, systems, products or advertisements that may be linked to the Program. Marsh is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the Program. You acknowledge that Marsh has the right to change the content or technical specifications of any aspect of the Program at any time at Marsh's sole discretion. THE REPRESENTATIONS AND WARRANTIES CONTAINED IN TIllS SECTION 9 SHALL BE IN FORCE, AS TO EACH ITEM OF THE PROGRAM, FOR A PERIOD OF ONE YEAR AFTER IT IS FIRST DELIVERED TO YOU BY MARSH AND, AS TO EACH PUBLISHED UPGRADE OF THE PROGRAM, FOR THE SAME PERIOD AFTER IT IS FIRST DELIVERED TO YOU BY MARSH PURSUANT TO THIS AGREEMENT. OTHER THAN AS STATED IN THIS AGREEMENT, MARSH MAKES NO WARRANTY OR REPRESENTATION WHATSOEVER, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM, INCLUDING ITS QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR WITII RESPECT TO ANY SERVICES RELATED TO THE PROGRAM. 10. IN NO EVENT WILL MARSH BE LIABLE UNDER OR IN CONNECTION WITII THIS AGREEMENT FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SERVICES PROVIDED HEREUNDER OR THE USE OF OR INABILITY TO USE THE PROGRAM, OR THE BREACH BY IT OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT CONTAINED IN THIS AGREEMENT, EVEN IF ADVISED OF THE POSSmlLITY OF SUCH DAMAGES, INCLUDING, BUT NOT LIMITED TO, COSTS INCURRED AS A RESULT OF DECISIONS MADE IN RELIANCE ON TIlE PROGRAM, LOST PROFITS OR REVENUE, LOSS OF USE OF THE PROGRAM OR ANY SOFTWARE OR OTHER PROPERTY, LOSS OF DATA, THE COSTS OF RECOVERING OR RECONSTRUCTING SUCH DATA OR THE COST OF SUBSTITUTE SOFTWARE, SERVICES OR DATA, OR FOR CLAIMS BY THIRD PARTIES. 11. IN NO EVENT SHALL MARSH BE LIABLE OR OBLIGATED IN ANY MANNER UNDER OR IN CONNECTION WITH TillS AGREEMENT FOR ANY AMOUNT IN EXCESS OF THE PAYMENTS ACTUALLY MADE TO MARSH HEREUNDER DURING THE TWELVE MONTHS PRECEDING THE DATE ON WHICH ANY CLAIM IS MADE AGAINST MARSH. THIS LIMITATION OF MARSH'S LIABILITY IS CUMULATIVE. ALL OF MARSH'S EXPENDITURES ON ACCOUNT OF ANY LIABILITY OR OBLIGATION ARISING UNDER THIS AGREEMENT SHALL BE ADDED TO DETERMINE WHEN THIS LIMITATION OF MARSH'S LIABILITY IS EXHAUSTED. 12. If you choose to access the Program from outside the United States, you are responsible for compliance with foreign and local laws. The Program is not available through Marsh or its 6 US/RO 1/0 1/2004 Agenda Item No. 16E4 June 28, 2005 Page 13 of 83 affiliates to any person located or organized in, controlled by or who is a national of Cuba Iran . , , Libya, North Korea, Sudan or any other country with respect to which the U.S. has enacted trade embargoes or any other entity on the U.S. Treasury Department's list of "Specially Designated Nationals and Blocked Persons" (a "Restricted Entity"). You represent and warrant that you are not a Restricted Entity and are not using the Program for the benefit of a Restricted Entity. 13. The trade names Marsh uses for the Program and the works and elements comprising the Program are protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. The Program is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Program. You acknowledge that the Program has been developed, compiled, prepared, revised, selected and arranged by Marsh through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of Marsh. You agree to protect the proprietary rights of Marsh and all others having rights in the Program during and after the term of this agreement and to comply with all reasonable written requests made by Marsh to protect its and others' contractual, statutory and common law rights in the Program. You agree to notify Marsh in writing promptly upon becoming aware of any unauthorized access or use of the Program by any party or of any claim that the Program infringes upon any copyright, trademark or other contractual, statutory or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trade names, trademarks, service marks, databases, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications, works of authorship, marks and registrations relating to the Program shall, as between you and Marsh, at all times be and remain the sole and exclusive property of Marsh. All present and future rights in and title to the Program (including the right to exploit the Program and any portions of the Program over any present or future technology) are reserved to Marsh. Without the specific, written consent by Marsh, you may not cause or authorize any Web site to be linked to any Marsh Web site utilized in connection with the Program or any internal or subsidiary page thereof or any other part of the Program, or bring up or present the content of any such Marsh Web site or other part of the Program within another Web site. 14. Marsh shall have no liability for any failure or delay in performance of its obligations under this agreement because of circumstances beyond its reasonable control, including without limitation, acts of God, fires, floods, earthquakes, wars, civil disturbances, terrorism, sabotage, accidents, unusually severe weather, labor disputes, governmental actions, power failures, viruses that are not preventable through generally available retail products, inability to obtain labor, material or equipment, catastrophic hardware failures, usage spikes, attacks on Marsh's server, or any inability to transmit or receive information over the Internet, nor shall any such failure or delay give you the right to terminate this agreement. 7 US/RO 1/0 1/2004 Agenda Item No. 16E4 June 28, 2005 Page 14 of 83 15. This License and Terms of Agreement takes precedence over any conflicting statement or provision in the Statement of Work and any other document furnished by Marsh. This agreement, including all Exhibits hereto, is the complete statement of the agreement of the parties with respect to the subject matter of this agreement and supersedes all prior oral and written agreements with respect to the subject matter hereof. This agreement may only be amended by the written agreement of an authorized representative of each party. The validity and construction of this agreement shall be governed by the laws of the State of Florida applicable to agreements made and to be performed therein. 16. Marsh shall retain all records relating to this contract for a period of at least three (3) years after the final payment is made. All records shall be kept in such a way as will permit their inspection pursuant to Chapter 119, Florida Statutes. In addition, Pinellas County reserves the right to audit such records pursuant to Pinellas County Code, Chapter 2. 17. Marsh must maintain insurance in at least the amounts required below throughout the term of this contract. Marsh must provide a Certificate of Insurance evidencing this coverage prior to issuance of a purchase order or commencement of any work under this contract. A. Prior to the time Contractor is entitled to commence any part of the project, work or services under this Contract, Contractor shall procure, pay for and maintain at least the following insurance coverage's and limits. Said insurance shall be evidenced by delivery to the County of certificates of insurance executed by the insurers listing coverages and limits, and expiration dates, and listing all carriers issuing said policies. The insurance requirements shall remain in effect throughout the term of this Contract. 1) Worker's Compensation in at least the limits as required by law; Emplovers' Liabilitv Insurance of not less than $100,000 for each accident. 2) Commercial General Liability Insurance including, but not limited to, Independent, Contractor, Contractual, Premises/Operations, Products/Completed Operation and Personal Injury covering the liability assumed under Contract, with limits of liability for personal injury and/or bodily injury, including death, of Combined Single Limit of$I,OOO,OOO, each occurrence and aggregate. Coverage shall be on an "occurrence" basis, and the policy shall include Broad Form Property Damage coverage, and Fire Legal Liabilitv of not less than $50,000 per occurrence, unless otherwise stated by exception herein. 3) Commercial Automobile and Truck liability covering owned, hired and non- owned vehicles with limits of $500,000 each occurrence, for bodily injury including death, and property damage of Combined Single Limit of $1,000,000. Coverage shall be on an "occurrence" basis, such insurance to include coverage for loading and unloading hazards. 8 US/ROI/01l2004 Agenda Item No. 16E4 June 28, 2005 Page 15 of 83 4) Professional Liability Insurance (including Errors and Omissions) with minimum limits of $500.000 per occurrence, if occurrence form is available; or claims made form with "tail coverage" extending three (3) years beyond completion and acceptance of the PROJECT with proof of "tail coverage" to be submitted with the invoice for final payment. In lieu of "tail coverage", CONSULTANT may submit annually to the COUNTY a current Certificate of Insurance proving claims made insurance remains in force throughout the same three (3) year period. B. Each insurance policy shall include the following conditions: 1) Each policy shall require that thirty (30) days prior to cancellation or any material change in coverage's or limits, a notice thereof shall be given to County by certified mail to: Pinellas County Purchasing Department, 400 S. Ft. Harrison Avenue, 6th Floor, Clearwater, Florida 33756. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of cancellation or material change in coverage received by said Contractor from its insurer; and nothing contained herein shall absolve Contractor of this requirement to provide notice. 2) Companies issuing the insurance policy, or policies, shall have no recourse against County for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of Contractor. 3) The term "County" or "Pinellas County" shall include all Authorities, Boards, Bureaus, Commissions, Divisions, Departments and offices of County and individual members, employees thereof in their official capacities, and/or while acting on behalf of Pinellas County. 4) Pinellas County, Board of County Commissioners shall be endorsed by blanket endorsement to the Commercial General Liability and Commercial Automobile Liability policies as an additional insured for its vicarious liability arising from Contractor's provision of services. The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by County . to any such future coverage, or to County's Self-Insured Retention's of whatever nature. C. Except for Worker's Compensation, Contractor hereby waives subrogation rights for loss or damage against the County. 18. Marsh is and shall remain an independent contractor and is neither agent, employee, partner, nor joint venturer of County. Marsh acknowledges that it is responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 located at 8 V.S.C. 1324, et.~., 9 US/RO 1/01/2004 Agenda Item No. 16E4 June 28. 2005 Page 16 of 83 and regulations relating thereto, as either may be amended from time to time. Failure to comply with the above provisions shall be considered a material breach and shall be grounds for immediate termination of the Contract, at the discretion of Pine lias County. Marsh's Statement of Work is valid for three years from contract commencement. Your acceptance of this agreement will be indicated by your signature below. If the services and terms detailed in this agreement are acceptable, please sign below and return to Wesley P. Foster, Marsh USA Inc., 3475 Piedmont Road, Suite 1200, Atlanta, GA 30305. ACCEPTED ON BEHALF OF MARSH USA INC. BY: Name (An officer of Marsh Risk Technologies) Date Title ACCEPTED ON BEHALF OF PINELLAS COUNTY, FL, by and through its Board of County Commissioners: Name Date Title F:\USERS\A 1TY\A TYKBO?\WPDOCS\12·17·04 thru'ST ARS Marsh USA RFP 034· 770-P BLACKLINE.drl.doc APPROVED AS TO FORM OFF F ; ATTORNEY By om.y 10 US/R01I01/2004 "\ . . Agenda Item No. 16E4 June 28, 2005 Page 17 of 83 -,,'~ ~~ . COST SUMMARY The, following table summarizes the fees and expenses associated with this contract. All fees are subject to U.S. State Sales Tax, where applicable. :'F~' Software Ucenses $ 102,000 N/A $ 13,000 N/A $ 11,000 N/A $ 42,585 N/A Implementation - Data Conversion Implementation - Training (5 days) Installation - System Analysis and Design, travel, projed management, installation, etc. Installation - Creation of System Interfaces with AP, HR, Fleet and with the State of Florida $ 28,000 N/A Maintenance and Support N/A $ 32,038 Totals: '/ :,' ,···~QliNe;4 Ucense, Maintenance and Support $211,885 $ 15,300 ASP and Support Fees $ 6,059 $ 6,059 Totals $217,944 $ 21,359 Policy Management Module N/A. Included in Base System Additional Training than otherwise stated $2,200 per day (plus travel) $185 per hour Client Service Hours Technical Service Hours $225 per hour Additional Interfaces than otherwise stated Priced on an a time and expense basis or project basis. 47 Agenda Item No. 16E4 June 28. 2005 Page 18 of 83 Appendix A: STARS ASP Data Warehousing Solution An extension of the Marsh STARS risk management information solution. STARS ASP is a true remote data storage site that utilizes the latest Internet technology. STARS ASP is an Application Service Provider solution for cüents using STARS. We warehouse your STARS data and provide worldwide and dependable access:liom your office, home, or remote location. Employing only industry-leading technologies, STARS ASP offers cost-saving benefits to your organization while providing unfaltering support to your risk management challenges. STARS ASP Components There are three primary components of the STARS ASP system, each with its own role and individual technology: STARS ASP Data Warehouse - At the system's core is a high performance Oracle data warehouse powered by a Hewlett-Packard (HP) server. This server stores your STARS data and allows access:liom the other two components of the STARS ASP system. STARS InformatioD Center - The STARS Information Center accesses the data on the STARS ASP server for data processing, data updates. and data consolidation. We use proprietary tools such as STARS Gate and STARS Update to keep your data current and accurate. . The Internet - Access to the Internet is implemented using Microsoft Terminal Server and Citrix MetaFrame technologÍes. These technologies enable you to access STARS ASP through a simple Internet connection. Once you connect to STARS ASP, you log in to STARS as if it were actually numing on your own computer. The Advantages of ASP ReUabWty - In an effort to make STARS ASP the most reliable remote access RMIS system in the industry, Marsh supports the system seven days a week, 24 hours a day, and 365 days a year. Cost Efficient - STARS ASP eliminates the expense of warehousing STARS data on your own database servers or high-end PCs. STARS ASP also reduces your reliance on your company's internal Information Technology groups, which are often overwhelmed with other assignments. Security - STARS ASP security features include two levels of password authentication and dual firewall technology. The information sent to your computer is an encrypted display of what is actually occurring on the Microsoft Tenninal Server, and therefore no actual raw data is being transmitted over the Internet, ensuring a secure exchange. 99 Agenda Item No. 16E4 June 28, 2005 Page 19 of 83 )Þ Greatly Reduced IT Expenditure - STARS ASP clients won't need to upgrade their computer hardware as ftequently, even if their RMIS requirements continue to grow. )Þ Economy - Because the solution does not rely on remote modem access, there is no need to purchase additional modems or to incur long-distance telephone charges. )Þ Connectivity - All users with access to your organization's WAN can automatically have access to the ST ARSIW eb/Citrix Server connection. However, you determine who will have access, not STARS. )Þ Professional Oracle DBAa - The STARS ASP staffincludes Professional Oracle DBAs. The STARS ASP DBAs provide onsite expertise in data integrity, backup and recovery and archiving. Our DBAs are also responsible for disaster recovery. )Þ STARS ASP Security - The STARS ASP staff is dedicated to perfoÌming the highest level of security procedures such as encryption, intrusion detection, multiple firewall technologies, two levels of user authentication and password aging. Client Requirements for STARS ASP )Þ Firewall Modifications - STARS ASP uses Citrix Nfuse,Citrix Metaframe and the Citrix Secure ICA protocol technologies. Access to port 443 (also known as SSL) is required. We will provide direction to establish user access. )Þ Internet Access.. Each STARS user must have Internet access. You are responsible for your Internet connectivity. )Þ User ID - In implementing the STARSlWeb/Citrix Server solution, we will be creating a User !D and password for each end-user. STARS ASP User !D's are non-negotiable, and all passwords require an eight-character minimum, 90-day password aging is also employed as a security feature. You must notify us promptly in writing when a user leaves your organization so that we can discontinue their access. 100 ^--.--" '~:'.' Agenda Item No. 16E4 June 28, 2005 Page 20 of 83 STARS ASP Diagram '.~ The proposed method ofnmning STARS on a Citrix Metaftame Server uses the Internet to give users access to a server not on their organization's Local or Wide Area Network. The solution makes use of a third-party software package (Metaframe) from Citrix Inc. Metaftame is an OEM version of Windows 2000. Metaframe adds multi-user capabilities and the ICA protocol. Communication typically flows back and forth from each user's workstation to their STARS database as shown in the diagram below. .~~ 'W :i ~~ lII.HooI POP I \JUNo! Pa'2 ;<¡ 'j ., .'j '. '1 'j ~STARS '.:' j j ~ :. 11 ~ 1 ¡ í \ High Level Network Overview 52S " 1Joao3DI ....... . . . ,. CIIco 3»4 CIIao 3524 - .. Web Envltonment Detabø8e Environment Last revised 1211612002 101 Agenda Item No. 16E4 June 28, 2005 Page 21 of 83 No. BCC 3:08 P.M. 16 -10-19-04 PENHALE/JoneslRubio #16 Ranking of firms to provide Risk Management Claims Administration (RFP No. 034- 770-P) as follows: 1. Marsh (STARS) 2. Valley Oak Systems, Inc. 3. Corporate Systems 4. Envision Technology Solutions Staff authorized to negotiate a contract for board approval with number one ranked firm. Marsh Risk Technologies Company (Marsh) (Risk Management). Responding to query by Commissioner Seel, Assistant County Administrator Mark Woodard indicated that Marsh Risk Technologies is a subsidiary of Marsh USA, Inc., an insurance agency for the county; ànd that he does not believe ito represents a conflict of interest; whereupon, Attorney Churuti added that she does not believe there is a conflict of interest. · t , Agenda Item No. 16E4 June 28, 2005 Page 22 of 83 BOARD OF COUNTY COMMISSIONERS Consent Agenda / Regular Agenda o DATE: October 19, 2004 AGENDA ITEM NO. J ft; Public Hearing 0 County Administrator'. Slanature: ~ Sublect: Approval of Ranking of Finns - Risk Management Claims Administration System Contract No. 034-770-P (DM) DeDartment: Purchasing I Risk Management Staff Member ResDOnslble: Joe Lauro I Beth Wininger Recommended Action: I RECOMMEND THE BOARD OF COUNTY COMMISSIONERS APPROVE THE RANKING OF FIRMS AND AUTHORIZE STAFF TO NEGOTIATE WITH THE NUMBER ONE RANKED FIRM, MARSH RISK TECHNOLOGIES COMPANY (MARSH), ATLANTA. GEORGIA. SUmmarY ExDlanatlonIBackaround: On July 30, 2004, the Purchasing Department, on behalf of the Risk Management Department, let a Request for Proposal (RFP) seeking qualified firms to provide a Claims Administration System software application to accommodate claim adjustment activities. Proposals were received from four (4) finns. An evaluation committee consisting of staff members of the Risk Management, Information Technology, and Information Systems Departments, along with members of the Purchasing Department, acting as facilitators, met to evaluate and score the proposals. The RFP was developed based upon input from the prospective users of the system, both in Risk Management and within departments/agencies, who rely upon reports and other management information generated by the system. The proposals were evaluated according to the foUowïng criteria: Methodology 450 points Experience 400 points Cost 150 points The firms in order of ranking are as follows: 1) Marsh (STARS) 2) Valley Oak Systems, Inc. 3) Corporate Systems 4) Envision Technology Solutions 806.9 points 777.5 points 588.6 points 581.0 points The STARS application will replace a system acquired ten (10) years ago that is technologically obsolete. The top ranked STARS application will Integrate with other County systems and will be compliant with the new State mandates. STARS is the largest provider of Risk Management information systems software, and Is used by over BOO clients, including the State of Florida, the City of Jacksonville, Sarasota and Broward counties. Ai the direction of the Board of County Commissioners, staff wOI begin the negotiation process with the number one ranked firm, Marsh. The proposed Initial cost Is $277,700. This estimate includes software, data conversion, training, and support for three (3) years. After negotiations centering on cost and deliverables are completecl. the final agreement will be presented for the Board's approval at a future date. RevIøà 07·18-03 Page 1 012 ! F'lscallmuactJCostIRevenue SummarY: Final cost will be determined after negotiations. SMART Technology funds. Agenda Item No. 16E4 June 28, 2005 Page 23 of 83 Funds are avanable in Risk Management's budget and from .. Exhlblts/Attachments Attached: Recommendation from Risk Management Evaluation Criteria Tabulation Evaluation Score Sheets Conflict of Interest Statements Plge 2 of2 . RevIHd 07·18-03 '! Agenda Item No. 16E4 June 28. 2005 Page 24 of 83 BOARD OF COUNTY COMMISSIONERS Consent Agenda / Regular Agenda o DATE: October 19,2004 AGENDA ITEM NO. I t¡; Public Hearing 0 County Administrator's Slanature: ~ Subject: Approval of Ranking of Firms - Risk Management Claims Administration System Contract No. 034-770-P (DM) Department: Purchasing I Risk Management Staff Member Responsible: Joe Lauro I Beth Wininger Recommended Action: I RECOMMEND THE BOARD OF COUNTY COMMISSIONERS APPROVE THE RANKING OF FIRMS AND AUTHORIZE STAFF TO NEGOTIATE WITH THE NUMBER ONE RANKED FIRM, MARSH RISK TECHNOLOGIES COMPANY (MARSH), ATLANTA, GEORGIA. Summary Explanation/Backaround: On July 30, 2004, the Purchasing Department, on behalf of the Risk Management Department, let a Request for Proposal (RFP) seeking qualified firms to provide a Claims Administration System software application to accommodate claim adjustment activities. Proposals were received from four (4) firms. An evaluation committee consisting of staff members of the Risk Management, Information Technology, and Information Systems Departments, along with members of the Purchasing Department, acting as facilitators, met to evaluate and score the proposals. The RFP was developed based upon input from the prospective users of the system, both in Risk Management and within departments/agencies, who rely upon reports and other management information generated by the system. The proposals were evaluated according to the following criteria: Methodology 450 points Experience 400 points Cost 150 points The firms in order of ranking are as follows: 1) Marsh (STARS) 2) Valley Oak Systems, Inc. 3) Corporate Systems 4) Envision Technology Solutions 806.9 points 777.5 points 588.6 points 581.0 points The STARS application will replace a system acquired ten (10) years ago that is technologically obsolete. The top ranked STARS application will integrate with other County systems and will be compliant with the new State mandates. STARS is the largest provider of Risk Management information systems software, and is used by over 800 clients, including the State of Florida, the City of Jacksonville, Sarasota and Broward counties. At the direction of the Board of County Commissioners, staff will begin the negotiation process with the number one ranked firm, Marsh. The proposed initial cost is $277,700. This estimate includes software, data conversion, training, and support for three (3) years. After negotiations centering on cost and deliverables are completed. the final agreement will be presented for the Board's approval at a future date. Revised 07-18-03 Page 1 of 2 -" ! f'iscallmpactlCostlRevenue Summary: Final cost will be determined after negotiations. SMART Technology funds. Exhibits/Attachments Attached: Recommendation from Risk Management Evaluation Criteria Tabulation Evaluation Score Sheets Conflict of I nterest Statements Agenda Item No. 16E4 June 28, 2005 Funds are available in Risk Management's budg~~r?& Rb~ Revised 07-18-03 Page 2 of 2 . . Agenda Item No. 16E4 June 28. 2005 Page 26 of 83 DEPARTMENT OF RISK MANAGEMENT Beth Wininger Director Tel. No. (727) 464·3664 Fax No. (727) 464-4060 Memorandum TO: Joe Lauro, Director ofPurcbasing FROM: Beth Wininger, Director of Risk Management SUBJECT: Request for Proposal to Purchase Software for Risk Management DATE: September 23,2004 Risk. Management purchased Risk Mester approximately 10 years ago to collect claims data for regulatory requirements, loss information ror insurance carriers and for internal analysis and reporting. Unfòrtunately Risk Master has not kept up with teclmology, cannot be integrated with other systems used by the County and will not be able to fulfill the up coming State mandates. As a result Risk Management is requesting rep1ace Risk Master with a system that will imegrate with other County software and allow for the Cotmty departments and Appointing Authorities to analysis cJaim data and reduce claim costs. A committee meeting was held on Friday September 10, 2004 regarding the purcbase of a new risk management software package. The committee was made up of five individuals consisting of3 &om Risk Management and two &om BCCIS. Due to the met that County employees would use the system it was decided. to not include outside members. Four responses were received for proposal #034-770-P. The rour companics that responded to the proposal were Envision, Valley Oaks, Corporate Systems and STARK Risk Management had investigated the availability of risk management information systems in the market place and found these are the top software systems available. The committee, in the following order ftom lowest to higbest, ranked the four proposals. Due to the fact that Corporate Systems is currently in the process of being purchased by STARS and the fact that the system does not perform œrtain required functions, it was ranked the lowest. Envision was also not chosen due to the tàct that the system did not perform numerous required functions, it is a small company, 13 employees and does not have any customers in the state of Florida. The third company , Valley Oaks was ranked the second highest. Valley Oaks is a privately held company with SO employees and 72 clients. Although it does perform the required functions, the majority of their clients are outside of Florida and they have bad limited experience with govemmental entities. The proposal ranked as the first choice was STARS. This system is part of Marsh Risk Technologies Company, which is a subsidiary of Marsh USA, and Marsh McLennan C:\DoculllCllb and Seltiup\puru23'l.oc:aI Set1iap\Temp'\rmioa--.doc: ~ Agenda Item No. 16E4 June 28, 2005 Page 27 of 83 Companies. Some of the reasons they were ranked as the top choice is because the software could perform the majority of the functions we needed and wanted. Also they are the largest risk management information system provider. over 800 clients and they have several governmental clients in Florida such as, State of Florida, Sarasota County. City of Jacksonville. and Broward County. It is my recommendation that the software be purchased ftom Marsh Risk Technologies. Please move furward to negotiate and purchase the software fur Risk Management. Should you need any further information please reel fi:ee to contact me directly. BW/cs c:\Doçumc:a s aød ScIIúIp\pulu23\Local Seltlnp\T-.\nßaoa-.doI: '<t I,{)('') waco (Do..... .,-NO o 0::> co ZNN ( ) E~OJ QJ:::¡ctJ =:-:>0.. C1:S " C ill 0) « 2 '0 ~' ~' :::r .~. « æ W' <1::' :¡¡ W .... V) >- V) a:: w .... :J a. :¡¡ o o w ~c ~c oD¡. (I)~ ....~ z~ WM :Eo W .. ,,~ <cD. ZLL <cn: :E ~ (I) æ êÞ ;: ¡:: U ;¡·~Ii Z o ~ :;:) ;;;.I' e( '¡:jj ;>. i-. Z .:J o o V) ;:) ;;J W Z, õ:' ,;" ~; .!.. :- - :.~~; '1:)" "t,t '~.' "E 'l~i .9 ~;~,~ 5 ':.'>Þ C ~Yt~iÜ \j~¡ "0 ¡";!¡(~~ ¡ ':::Jì~; J: i),~iæ ~;"~;1~ II ~ '''~''i1 >- N 1t~~; ! co ~~ I .,·r ::; ... Q CI c i: § J: +' ( a1 ca Q ... o :¡¡ 1ii a. ..... ~ (D o co It) -ci ('t) o '<t It) -ci ~ co It) -ci ~ co It) -ci ~ co :¡¡:It) I/) . c~ .- ~ ocr> o c <: (/) :::> .s:; en ... ('0 ~ N ~ r--- r--- r--- ¡q r--- co ex) ('t) LO LÒ ex) r--- o cx:i N ex) o cx:i ex) r--- o cx:i LO cr> ~ co N co o ..5 M "It cr> c:ó to LO ~ .,- co LO o ct> ~ CD N o LÒ o CD N LO c:ó r--- LO o LÒ C'? LO LO c:ó ~ to o o C'? LO LO c:ó C'? LO o o co LO a.q co CD LO ~ o o cr> o oi r--- It) ~ o cr> (D ... o o >. C) o Õ c .s:; o ( l- e ê .Q 0 III+> '> ..2 C 0 WCI) ~ o o N Ò ... ... ( .c E ( +' Q, Q V) Q) ~ Q ~ c: <I> E ~ g I:) .a IU t::. rn ~ a::: o u. ~ ¡r¡ a. u. ~ ~ It: o u. û) Ü o o a. ~ '" c ëñ IU .¡; 5 90 I!! <I> It) ::¡ Ii.: ~ qRGANIZATlON SUBMlmNG OFFER: MARSH liSA, IHC EVALUATION CRITERIA A§Ef1ae Iteffl ~ (J. 1 €ìE!4 June 28. 2005 Page 29 of 83 RFP TITLE: RISK MANAGEMENT SOFTWARE COMPUTER SYSTEM RFP NO. 034-770-P (DM) A) B) C) EVALUATION CRITERIA POTENTIAL PERCENTAGE INDIVIDUAL TOTAL POINTS CONSENSUS PERCENTAGE D) POTENTIAL POINTS SCORE RANGE SElECTED X FROM RANGE C) PERCENTAGE SELECTED FROM RANGE 1) Proposed methodology of 450 70 -[,1 0 \blo 't~x~ 33J7CO . Derformlna tasks sDeclfled herein. 2) experience In performing 400 '10 -(lO °\0 ~x-9.ù. ,~ 000 similar tasks for other entitles. 3) Proposed cost to provide 150 '53 10 5371 J5O-x-5J lq5(j reauested croducts or services. 4) _x_ 5) -----If.- GRAND TOTAL 1000 -I 0% 10% - 30% 40% - 60% 70% - 90% 100% Percentages are awarded according to the quality of the response with respect to each criterion. CONSENSUS RANGE Unresponsive to the requirements of the section Does not meet current service leve' or requirements of section Partfally meets requirements of the section Fully responsive to the requirements of the section Exceeds all requirements of the section The review panel must review the Request For Proposal (RFP) Independently. The review panel then meets to discuss their Independent review. After discussions, a consensus score for each criterion Is established. Total scores are then ranked with the highest scoring proposer being first. Oral presentations may be scheduled at this time. At the consensus meeting cost must be a uniform score (all members must give same numerical score for cost). ...-_....REMEMBER.IT IS VERY IMPORTANT TO GIVE COMMENTS AS TO WHY A PROPOSAL-WA.S..SCORED IN A PARTICULAR MANNER. EVALUATION CERTIFICATION: The percentages entered above reflect my best Judgment of the merits of the Identified offerors proposal. ::::TURE~ tJ.riJ. '1oJ>/¡b¡ PRINTED NAME: t J í 7¡;JftA n.Fà r/ev¡ 0812012004 ..."""'""""'_"'-".""".'." '. ORGANIZATION SUBMmlNG OFFER: MARSH IIS.6, INC EVALUATION CRITERIA Aqenda Item No. 16E4 June 28, :zuut> Page 30 of 83 RFP TITLE: RISK MANAGëMENT SOFTWARE COMPUTER SYSTEM RFP NO. 034-770-P (DM} A) B) C) CRITERIA POTENTIAL PERCENTAGE INDMDUAL POINTS CONSENSUS PERCENTAGE RANGE SEL!CTëD FROM RANGE 450 ']()- era? .,-éÆJ , 70 400 t: ~ 7ò 70-C;d 4 , 150 ,53 1~3 ~ 4} 5) GRAND TOTAL 1000 EVALUATION D) POTENTIAL POINTS X C) PERCENTAGE SELECTED FROM RANGE tiS 0 x ".iilJ;] 0 TOTAL SCORE l.{oo x ~-:JS ~ '70 150 x.,Mò- <;3 ----JC_ ~ 0% 10% -30% 40% - 60% 70% - 90% 100% Percentages are awarded according to the quality of the response with respect to each criterion. CONSENSUS RANGE Unresponsive to the requirements of the section Does not meet current service level or requirements of section Partially meets requirements of the section Fully responsive to the requirements of the section Exceeds all requirements of the .ectlon , 5 The review panel must review the Request For Proposal (RFP) Independently. The review panel then meets to discuss their Independent review. After discussions, a consensus score for each criterion Is established. Total scores are then ranked with the highest scoring proposer being first. Oral presentations may be scheduled at this time. At the consensus meeting cost must be a unlfonn score (all members must give same numerical score for cost). REMEMBER. IT IS VERY-IMP-OIltAN:r:m..GIVE-COMMENTS"AS TOWHY'A PROPOSAL WAS SCORED IN A PARTICULAR MANNER. COMMENTS: SOMe ,l\"'\Od(:{.':'dl,¡..s WDU.(..,( if: Ah 11 f) -I. :¡:; ¿.. ;¡( t.,.s . J!) /cl ;\€) f- I"<::.f /}c Itd ¿I ({ /'Æ.'j~r).<eI: A....ID rer~",tlfi!o , .. _I // ,,/ 1 .- f 70 rr /.f}<tq C/';, ~l'lq. ¡:;-Xf)~I'IF.;fI;e . IJ-,Ce WClJ /"c;¡" K~ eø-17t#~...¡'.,4 o~.. , !Ald.} c£ (Jerel çe I wl.e" ÚJI1It~t.£""/ f,. (l1£:./'-£ , EVALUATION CERTIFICATION: The percentages entered ove reflect my best judgment of the merits of the Identified offerors proposal. SIGNATURE: ~' PRJNTED NAME: ¡PI ~.t..<..q C;~fk; r DATE: cr ('1 k f..{ 0812012004 " ORGANIZATION SUBMlmNG OFFER: MARSH liSA, INC , EVAlUATION CRlTERJA A!i!BAQ¡;¡ Itgn:/ ~ Q 16E4 June 28.2005 Page 31 of 83 RFP TITLE: RISK MANAGEMENT SOFTWARE COMPUTER SYSTEM RFP NO. 034-770-P (DM) CRITERIA A) B) C) POTENTIAL PERCENTAGE INDIVIDUAL POINTS CONSENSUS PERCENTAGE RANGE SELECTED FROM RANGE 450 70-"'10 90 400 '70-'4.0 qo 150 ~39o ?~% EVALUATION D) POTENTIAL POINTS X C) PERCENTAGE SELECTED FROM RANGE TOTAL SCORE ~~ 4of5 2) Experience In performing similar tasks for other entities. 1a.a..x~ ""3Cd? I ~..:£ 7C1.~ 4} ---7-_ 5} _x_ GRAND TOTAL 1000 Ø44o. t:; Percentages are awarded according to the quality of the response with respect to each criterion. 0% 10%-30% 40% - 60% 70% - 90% 100% CONSENSUS RANGE Unresponsive to the requirements of the section Does not meet CUfT8nt service level or requirements of section Partially meets requirements of the section Fully responsive to the requirements of the section Exceeds all requirements of the section The review panel must review the Request For Proposal (RFP) independently. The review panel then meets to discuss their Independent review. After discussions, a consensus score for each criterion is established. Total scores are then ranked with the highest scoring proposer being first. Oral presentations may be scheduled at this time. At the consensus meeting cost must be a uniform score (all members must give same numerical score for cost). REMEMBER. IT IS VERY.IMPOR'IANT..'IO.GIVE COMMENTS AS TO WHY A PROPOSAL WAS SCORED IN A PARTICULAR MANNER. COMMENTS: Paofbc;,p..L., h":){2.tV\Ä..T {;~(~tL6Uí. P'~O"""L"C MeeT ~ A f..-L l2<:a -...1 \ í2&:44G'A..f7!:o \\/l T K rY1 t V (Nt.~l~ j.AOQ (f=LCo...-rc:ð'--") . LA..Q.{~G'Sï ÚM ~ ....,. EVALUATION CERTIFICATION: The percentages enter gment of the merits of the Identified offerors proposal. PRINTED NAME: t:::?Q~ ~ DATE: OBl2Ol2004 o>.__,~_,.. ". qRGANIZATION SUBMITTING OFFER: MARSH "SA. INC EVAlUATION CRITERIA A~('I,dB ltcI'!, ~Je. 16E1 June 28, 2005 Page 32 of 83 RFP TITLE: RISK MANAGEMENT SOFTWARE COMPUTER SYSTEM RFP NO. 034-770·P IDM) CRITERIA A) B) C) POTENTIAL PERCENTAGE INDIVIDUAL POINTS CONSENSUS PERCENTAGE RANGE SELECTED FROM RANGE ..sO ÎoJ1o ¥C¡D 400 70 -qo q(j 150 53 53 EVALUATION D) POTENTIAL POINTS X C) PERCENTAGE SELECTED FROM RANGE TOTAL SCORE 0fD 1'jû _x......!.::!::: /.f 05- 2) Experience in performing similar tasks for other entities. qo x i-{ttJ 34'0 53 x 150 -11.5 4) _x_ 5) -"'"- GRANO TOTAL 1000 fy q. ::>0 Percentages are awarded according to the quality of the response with respect to each criterion. 0% 10%-30% 40% - 60% 70% - 90% 100% CONSENSUS RANGE Unresponsive to the requirements of the section Does not meet current service level or requirements of section Partially meets requirements of the section Fully re.ponslve to the requirements of the section Exceeds all requirements of the section The review panel must review the Request For Proposal (RFP) independently. The review panel then meets to discuss their Independent review. After discussions, a consensus score for each criterion Is established. Total scores ere then ranked with the highest scoring proposer being first. Oral presentations may be scheduled at this time. At the consensus meeting cost must be a uniform score (all members must give same numerical score for cost). ----.REMEMBER. IT IS VERY IMPORTANT TO GIVE COMMENTS AS TO WHY A PROPOSAL WASSCORED..IN..A ._______. PARTICULAR MANNER. COMMENTS: ~'77 r. ! ':., ~::, -., .~"',." , , .. i .¡...- / 1,\ ,';.. . . -:- '.: I .::,'/1. I .' ,f. Ii' I! . . _ ._~ ~. 'I. -1 '.f . .: . 2. S·,!, ',-(I ,~, L'r1.I) "}": .' ,.,./ - ..." : I·.·.......; _ " , I.;," . ./ ¡'. .l \ \~, " J-r..i ' :' ...," I. ~. /.' '--:-. ~ 1.~,-~',-: - :;1 r~: ,.¡J.:/.{ : :" . '. ; I' '-. ", . .":' - - . " , , . (.. t, ':; ....., ....j'. ~ ' !. ~ , , EVALUATION CERTIFICATION: The percentages entered above reflect my best judgment of the merits of the identified offerors proposal. SIGNATURE: t Ü"" fJ1 i'Y1("",,- - PRINTED NAME: f1 ~"Z ,'t< AI./'WN,,,- DATE:~/I__ 0812012004 " qRGANIZATlON SUBMITTING OFFER: MAPSH 'IS", 'HC EVALUATION CRITERIA A§eFl~Q Itom þJQ 1eE4 June 28, 2005 Page 33 of 83 RFP TITLE: RISK MANAGEMENT SOFTWARE COMPUTER SYSTEM AI B) C} CRITERIA POTEN1lAL PERCENTAGE INDIVIDUAL POINTS CONSENSUS PERCENTAGE RANGE SELECTED FROM RANGE 450 7 o·~ 90 90 2) Experience In performing 400 10-,10 fib similar tasks for other entities. 150 5"3% ~ RFP NO, 034-770~P IDM} EVALUATION A> POTENTIAL POINTS X C) PERCENTAGE SELECTED FROM RANGE TOTAL SCORE Vnx~ o/ó.r if D 0 x..1!.. 3b'O IS?:> x ..ç..5 /:. '7 9. s:- 4) -~ 51 _x_ GRAND TOTAL 1000 . . - " 'If/, 1" 0% 10%-30% 40% - 60% 70% - 90% 100% Percentages are awarded according to the quality of the response with respect to each criterion. CONSENSUS RANGE Unresponsive to the requirements of the HCtIon Doe. not meet current service level or requirements of section Partially meets requirements of the section Fully responsive to the requirements of the section Exceeds all requirements of the section The review panel must review the Request For Proposal (RFP) independently. The review panel then meets to discuss their Independent review. After discussions. a consensus score for each criterion Is established. Total scores are then ranked with the highest scoring proposer being first. Oral presentations may be scheduled at this time, At the consensus meeting cost must be a uniform score (all members must give same numerical score for cost). . REMEMBER. IT IS VERY. I MeORTANT TO GIVE COMMENTS AS TO WHY.A PROPOSAL WAS SCORED IN A PARTICULAR MANNER. -,.~~-- COMMENTS: bk..,..-c ~ð~?'~ ~~~B í~;'/f&ct'> V u...y .5-r:I.I~.e.. tn= ~ ,4-¡t.-r. EVALUATION CERTIFICATION: The percentages entered above reflect my best judgment of the merits of the Identified offerors proposal. ~c::..., . SIGNATURE: ~ -- ¿,o (.0-- PRINTED NAME: ß £. '("(ý ¡r.; ¡.:;J /,.::> ,~.t!R:. DATE: ~I/o /0 y 0812012004 ". O~GANIZATJON SUBMITTING OFFER: vall EY oaK SYSTEMS EVALUATION CRITERIA A~c;llda Ikl'fl Nô. 16E4 June 28. 2005 Page 34 of 83 RFP TITLE: RISK MANAGEMENT SOFTWARE COMPUTER SYSTEM RFP NO. 034-770-P (DM) CRITERIA A) B) C) POTENTIAL PERCENTAGE INDIVIDUAL POINTS CONSENSUS PERCENTAGE RANGE SELECTED FROM RANGE ~ gO 450 ÎÙ-qü 400 lO·qO CfD 150 J- ,àDJtJ '1 ~'10 EVALUATION C) POTENTIAL POINTS X C) PERCENTAGE SELECTED FROM RANGE TOTAL SCORE 4-50 x.3.D.. t5fl)(Jd;1. '-10.<;00 -30000 ~3ÖO 2) experience In performIng similar tasks for other entitles. 4mLxQL 4) _x_ 5) _x_ GRAND TOTAL Percentages are awarded according to the quality of the response with respect to each criterion. 0% 10% - 30% 40% - 60% 10% ·90% 100% CONSENSUS RANGE Unresponsive to the requirements of the section Does not meet current service level or requirements of section Partially meets requirements of the section Fully responsive to the requirements of the section Exceeds all requirements of the section The review panel must review the Request For Proposal (RFP) Independently. The review panel then meets to discuss theIr Independent review. After discussions, a consensus score for each criterion Is established. Total scores are then ranked with the highest scoring proposer being first. Oral presentations may be scheduled at this time. At the consensus meeting cost must be a uniform score (all members must give same numerical score for cost). REMEMBER. IT IS VERY IMPORTANT TO GIVE COMMENTS AS TO WHY A PROPOSAL WAS SCORED IN A PARTICULAR MANNER. COMMENTS: ~ ~/fA:J!:~~~. S;;;' 4,:n fYI,mA(MJ ð7Ui IY>.)Ptl~. _L__¡__( t -1l---! ~ EVALUATION CERTIFICATION: The percentages entered above reflept my best Judgment of the merits of the Identified offerors proposal. SIGNATU~: ~~J~;W./f¡j) ;h/¡tff PRINTED NAME: [J, 7J) httA 0, Púr!t¡j DATE: '6 J.,!.i.}~__"_ , 08/2012004 '. 9RGANlZATJON SUBMITTING OFFER: VAl' EV OAK SYSTEMS EVALUATION CRITERIA Agp.nrl::! Item No 16E4 June 28, 2005 Page 35 of 83 RFP TITLE: RISK MANAGEMENT SOFTWARE COMPUTER SYSTEM RFP NO. 034-770-P (DM) A) B) C) CRITERIA POTENTIAL PERCENTAGE INDIVIDUAL POINTS CONSENSUS PERCENTAGE RANGE SELECTED FROM RANGE 450 It ' 70 7o-~o If) ;::8:; 400 o ø ~ " 10 ïO/.: .... ið 150 . '12- ~ EVALUATION C) POTENTIAL POINTS X C) PERCENTAGE SELECTED FROM RANGE t{5Ox ,J:ß, 70 TOTAL SCORE ~ ~315 1f¿Þ'¡.. ff 0 6.J ~ LIdO ~. 70 4) ---.JC_ 5) ---.JC_ GRAND TOTAL 1000 ',;.;/, - -. 0% 10%-30% 40%-60% 70% - 90% 100% Percentages are awarded according to the quality of the response with respect to each criterion. C9NSENSUS RANGE Unresponsive to the requirements of the section Does not meet current ..rvlce level or requirements of section Partially meets requirements of the section Fully responsive to the requirements of the section Exceeds all requirements of the section b5K The review panel must review the Request For Proposal (RFP) Independently. The review panel then meets to discuss their Independent revIew. After discussions, a consensus score for each criterion Is established. Total scores are then ranked with the highest scoring proposer being first. Oral presentations may be scheduled at this time. At the consensus meeting cost must be a uniform score (all members must give same numerical score for cost). REMEMBER. IT IS VERYIMPORTANT:rO_GIVE.COMMENTS..AS TO WHY'A-PROPOSAL WAS SCORED IN A PARTICUlAR MANNER. COMMENTS: 6c.c~f), {),èI ,(.Jr ~~.f- D....../ ~ f.wI. Pr¡ Ce,. WGC J I'd.#- fkJ w, 9".. (A)MjJ~ fa () rJ-~5 . EVAlUATION CERTIFICATION: The percentages entere}i above refl~~Y best judgment of the merits af the Identified offerors propasat SIGNATURE: ~Ç~I PRINTED NAME: ¡¿'¿k..,,( c:Jf4~' DATE: rr;,;; cf 08120/2004 ,.<,. ......_,~~_._-, "-------~_.'^.. '. O.RGANIZATION SUBMITTING OFFER: VAllEY OAK SYSTEMS EVALUATION CRITERIA RFP TITLE: RISK MANAGEMENT SOFTWARE COMPUTER SYSTEM CRITERIA A) B) C) POTENTIAL PERCENTAGE INDMDUAL POINTS CONSENSUS PERCENTAGE RANGE SELECTED FROM RANGE 450 70-qo '\0 400 70.Þto ~O 150 4210 42.10 2) Experience In performing similar tasks for other entities. 4) 5) A~e.Rei8 Itel'l'l ÞJÐ. 1 êl5 4 June 28, 2005 Page 36 of 83 RFP NO. 034-770-P (DM) EVALUATION C) POTENTIAL POINTS X C) PERCENTAGE SELECTED FROM RANGE TOTAl. SCORE ~ 4cCJ 45Q~ 31-0 03 15Qx~ _x_ --J_ GRAND TOTAL 1000 '76~ Percentages are awarded according to the quality of the response with respect to each criterion. 0% 10% - 30% 40% - 60% 70% - 90% 100% CONSENSUS RANGE Unresponsive to the requirements of the section Does not meet current service level or requirements of section Partially meets requirements of the section Fully responsive to the requirements of the section Exceeds all requirements of the section The review panel must review the Request For Proposal (RFP) independently. The review panel then meets to discuss their Independent review. After discussions, a consensus score for each criterion is established. Total scores are then ranked with the highest scoring proposer being first. Oral presentations may be scheduled at this time. At the consensus meeting cost must be a uniform score (all members must give same numerical score for cost). REMEMBER. IT IS VERY IMPORTANT TO_GIVE .CO.MMENTSAS TO WHY A PROPOSAL WAS SCORED IN A PARTICULAR MANNER. COMMENTS: \\L~LL (þJC;""(1Z..ú.è.""~O Po2oPOC?~L.. A'r;)O~:::> ALL Q.£.¡':¿J '!l¿:.r.,{ zl\..rrs- \...V ( '1 ~\. ~ 'T c ç &)<... ~ 0 'W(;:0þ.. T... .../ë5,. LAf2...ì.!:7 E ~"Y\.fAv '-( -6 l-\þ-"2S £1\;;~ T ALl ~ t\ If. 'elf .ç~:_M\JL"\,~ \..,. r ' t.\tt í'-\ .r; (\ð m.~,z...L(=: T Judgment of the merits of the Identified offerors proposal. PRINTED NAME:'p9 ~ ~ ¡-;> SIGNATUR . DATE: cr,IIO! ð4 0812012004 . . O.RGANIZATION SUBMlmNG OFFER: VAllEY OAK SYSTEMS EVALUATION CRITERIA A~Mell:! It¿;1'fl ÞJ6. 16E 1 June 28, 2005 Page 37 of 83 RFP TITLE: RISK MANAGEMENT SOFTWARE COMPUTER SYSTEM RFP NO. 034-770-P (DM) CRITERIA A) B) C) POTENTIAL PERCENTAGE INDMDUAL POINTS CONSENSUS PERCENTAGE RANGE SELECTED FROM RANGE 450 ÎV,qo qtf 400 '10",Clo :?j.-OrD 150 t.f~ Lf)- EVALUATION C) POTENTIAL POINTS X C) PERCENTAGE SELECTED FROM RANGE q~ x:J5Q.. TOTAL SCORE LID . ~ 2) Experience in performing similar tasks for other entities. .!&-x.J/!E.. "3fçð M..x J~? ~ (¡6 4) ---J._ 5) ---J._ GRAND TOTAL 1000 ~()..g. Percentages are awarded according to the quality of the response with respect to each criterion. 0% 10% - 30% 40% - 60% 70% - 90% 100% CONSENSUS RANGE Unresponsive to the requirements of the .ectlon Does not meet current service level or requirements of section Partially meets requirements of the section Fully responsive to the requirements of the section Exceeds all requirements of the section The review panel must review the Request For Proposal (RFP) Independently. The review panel then meets to discuss their independent review. After discussions, a consensus score for each criterion Is established. Total scores are then ranked with the highest scoring proposer being first. Oral presentations may be scheduled at this time. N. the consensus meeting cost must bea unlfonn score (all members must give same numerical score for cost). REMEMBER. rrls VERY IMPORTANT TO GIVE COMMENTS AS TO WHY A PROPOSAL WAS SCORED IN A PARTICULAR MANNER. COMMENTS: .' , t~ I /1ì.trltJd;t;;¡ ,({ Îf: Itn'1: £J.r, .l /) ~;~,'.." ~ ".J . . ,:: :' ,,\',"'\ (.,.";.. 1/1 ,~" .~.' '~ïr1 t ..-,,' . ." ~ A..' .', / ., ..., . -......... ( '2;. ,\, --::"/,.,',1 ......vl ~'..'~ '.-' ¡ .....".' . " . :.J.~' .,::' ,.'.:ø ;. " (,,'"1./ '~,"! \':¡"", EVALUATION CERT1FICAT10N: The percentages entered above reflect my best judgment of the merits of the Identified offerors proposal. SIGNATURE:t::.:::.: ^, ITI}'I1r1Vl."- PRINTED NAME: Pafr'-';I'r:. m ./11We'L. DATE:-1I_ . 0812012004 --" '. ~RGANIZATION SUBMlmNG OFFER: VAll EY OAK ~V$T :M~ EVALUATION CRITERIA RFP TITLE: RISK MANAGEMENT SOFTWARE COMPUTER SYSTEM CRJTERIA A) B) C) POTENTIAL PERCENTAGE INDIVIDUAL POINTS CONSENSUS PERCENTAGE , RANGE SELECTED FROM RANGE 450 7 Ô"" ?17 ~S¡ 400 "7()- 9.0 ~ç2 150 4';1 ~ ~ 2) experience in perfonnlng similar tasks for other entities. 4) 5) .I',§(3¡::¡8~ It9~ ~Ig 1GE4 June 28, 2005 Page 38 of 83 RFP NO. 034-770-P (DM) EVALUATION IJ) POTENl1AL POINTS X C) PERCENTAGE SELECTED FROM RANGE TOTAL SCORE t'SDx ¡s2. 3 ð'-.:l., :$' 'fQo x_ 3vc> i$"D x 1'.,1'0 (,3 _x_ _x_ GRAND TOTAL 1000 . ¡So s Percentages are awarded according to the quality of the response with respect to each criterion. 0% 10% -30% 40% - 60% 70% - 90'-. 100% CONSENSUS RANGE Unresponsive to the requirements of the section Does not meet current service level or requirements of section Partially meets requirements of the section Fully responsive to the requirements of the section Exceeds all requirements of the section The review panel must review the Request For Proposal (RFP) independently, The review panel then meets to discuss their Independent review. After discussions, 8 consensus score for each criterion Is established. Total scores are then . ranked with the highest scoring proposer being first Oral presentations may be scheduled at this time. At. the consensus meeting cost must be a uniform score (all members must give same numerical score for cost), REMEMBER. IT IS VERY IMPORTANT TO GIVE COM.MENTS.ASTO WHY A PROPOSAL WAS SCORED IN A PARTICULAR MANNER. COMMENTS: r;, ~t 1S £$-< II\J r~ l' ~ ßú..s /¡V~ ~s:~ ......; . "" , ...~ t:..L..l ~~.$ (!!, I'f-tJ c. ¡4 '- t:.1.Li-1H ~ ~ f(JJ. -r"~_ Fø n- l 0 ,Y (Z..5. EVALUATION CERTIFICATION: The percentages entered above reflect my best judgment of the merits of the Identified offerors proposal. SIGNATURE: ~ ~ ---r- PRINTED NAME: ß £7'11 ¿µt;'" I ~'. ~ DATE: '7 / (G I Þ Y 08120/2004 " ORGANIZATION SUBMrmNG OFFER: COPPORAT~ SYSTEMS EVALUATION CRITERIA Agenda Item No. 16E4 l'II1",?R ?()()!') Page 39 of 83 RFP TITLE: RISK MANAGEMENT SOFTWARE COMPUTER SYSTEM RFP NO, 034·770·P (DM) CRITERIA A) B) C) EVALUATION POTENTIAL PERCENTAGE INDIVIDUAL TOTAL POINTS CONSENSUS PERCENTAGE A) POTENTIAL POINTS SCORf RANGE SELECTED X FROM RANGE C) PERCENTAGE SELECTED FROM RANGE 450 40-~O Q1" '¡~x..f!1 J.~O 50 400 I D -{lO fc¡ ..Lx.:z:¿ 30 t'lJO 150 /.51Lx..39. 5~50 ----7-_ ---..X- 1000 900 2) Experience in performing similar tasks for other entities. 4) 5) GRAND TOTAL Percentages are awarded according to the quality of the response with respect to each criterion. 0% 10%·30% 40% ·60% 70% ·90% 100% CONSENSUS RANGE Unresponsive to the requirements of th.e section Doe. not meet current service level or requirements of sectJon Partially meets requirements of the section Fully responsive to the requirements of the section Exceeds all requirements of the section The review panel must review the Request For Proposal (RFP) independently. The review panel then meets to discuss their independent review. After discussions, a consensus score for each criterion Is established, Total scores are then ranked with the highest scoring proposer being first Oral presentatIons may be scheduled at this time. At the consensus meeting cost must be 8 uniform score (all members must give same numerical score for cost). EVALUATION CERTIFICATION: The percentages entered above reflect my best Judgment of the merits of the Identified offerors proposal. SIGNATURE: ~)l//tJiz AJ, ~/,}t (j - PRINTED NAME: r; Ii rr.JrtA D· H;¡ r / Uj_ DATE: <{ f ' 0812012004 I . '. ORGANIZATION SUBMITTING OFFER: cnRPO~ATF= $Y$T~L\ßS Agenda Item No. 16E4 dune 28, 299i3 Page 40 of 83 EVALUATION CRITERIA RFP TITLE: RISK MANAGEM ENT SOFTWARE COMPUTER SYSTEM RFP NO. 034·770~P (DM) CRITERIA A) B) C) EVALUATION POTENTIAL PERCENTAGE INDIVIDUAL POINTS CONSENSUS PERCENTAGE A) POTENTIAL POINTS RANGE SELECTED X FROM RANGE C) PERCENTAGE SELECTED FROM RANGE 450 ' c ~x~ t..{.ö- Co 10 .; t.(O 400 '7 0 ~ 1 f) J:.. "dÖ x. 70 " 'to 150 ,11 ISo x .~~ , _x_ _x_ TOTAL SCORE f&'D 2) Experience in performing similar tasks for other entities. 36ð ,5 ,9 4) 5) GRAND TOTAL 1000 - ~ - . - ., , - . , ~.- - - - . - ~ . . - - - - - -- fj£D 5"cr8: ) Percentages are awarded according to the quality of the response with respect to each criterion. 0% 10% ·30% 40% ~ 60% 70% ~ 90% 100% CONSENSUS RANGE Unresponsive to the requirements of the section Does not meet current service level or requirements of section Partially meets requirements of the section Fully responsive to the requirements of the section Exceeds aU requirements of the section The review panel must review the Request For Proposal (RFP) independently. The review panel then meets to discuss their independent review. After discussions, a consensus score for each criterion is established. Total scores are then ranked with the highest scoring proposer being first. Oral presentations may be scheduled at this time. At the consensus meeting cost must be a uniform score (all members must give same numerical score for cost). REMEMBER. IT IS VERY IMPORTANT TO GIVE COMMENTS AS TO WHY A PROPOSAL WAS SCORED IN A PARTICULAR MANNER. COMMENTS: ¡(~S¡Jd'I~Q.. ¡- oIrêl /I,.:!- ¿NN¿¡~ eA.<!¿"'1 ~ eP~, '/ 76 c:/r¿ ~/,...,,..;,'~ µ{e/t,. C'.......%·r/~ Wet ~l "" .¡;.. /J;;¡ Ad/ h æef "",rloI GI. ~ C£J M JJ""'J'Jõ rt Jv C7 rl'1' P/ .J Vi ,..A/yQ~ EVALUATION CERTIFICATION: The percentages entered- above reflec my best Judgment of the merits of the identified offerors proposal. SIGNATURE: ~ ~..... PRINTED NAME: ~,iÆ~.1 r;;;r41' "1fë4V . . DATE: 0812012004 " ORGANIZATION SUBMITTING OFFER: CORPORATE SYSTEMS EVALUATION CRITERIA Agenda Item No. 16E4 1,InP?R ?OOS Page 41 of 83 RFP TITLE: RISK MANAGEMENT SOFTWARE CQMPUTER SYSTEM RFP NO. 034-770-P CDM) CRITERIA A) B) C) EVALUAT10N POTENTIAL PERCENTAGE INDIVIDUAL TOTAL POINTS CONSENSUS PERCENTAGE A) POTENTIAL POINTS SCORE RANGE SELECTED X FROM RANGE C) PERCENTAGE SELECTED FROM RANGE 450 4o-foO 40 ~x~ 19O 400 '7o~o 7L) ~x-K -300 150 '-34 10 ?'î1o l5ž2...xÆ.. 15ß .C; ----lC_ _x_ 1000 5 3g. <:; 2) Experience In performing similar tasks for other entities. 4) 5) GRAND TOTAL Percentages are awarded according to the quality of the response with respect to each criterion. 0% 10% -30% 40% ·60% 70% - 90% 100% CONSENSUS RANGE Unresponsive to the requirements of the section Does not meet current service level or requirements of section Partially meets requirements of the section Fully responsive to the requirements of the section Exceeds all requirements of the section The review panel must review the Request For Proposal (RFP) independently. The review panel then meets to discuss their Independent review. After discussions. a consensus score for each criterion Is established. Total scores are then ranked with the highest scoring proposer being first. Oral presentations may be scheduled at this time. At the consensus meeting cost·must be a unlfonn score (all members must give same numerical score for cost). REMEMBER. IT IS VERY IMPORTANT TO GIVE COMMENTS AS TO WHY A PROPOSAL WAS SCORED IN A PARTICULAR MANNER. COMMENTS: ?12.,~f?~A L- ...:r .0 ç E: n...rz. IE. ~ ð Lt \' .poo fZ-t.. "-( (~ Ç'n . C~~"Ttl..,JlTr,:;~. 171 F"F I/'..Ll C"T , , M t"1st t:;:·'<'pGt.,)r-::>(\/~ p(.lo"~t:.""1 rY\~r;,T~ \2.z.Q....t,\(2£IV\-=.c...ìß C. ÞvJlÙt)" í t7ETE-(¿M (~\ ¡;; u= EVALUATION CERTIFICATION: t judgment of the merits of the Identified offerors proposal. PRINTED NAME: <t:6~ ~.~ DATE: 0812012004 '. ORGANIZATION SUBMITTING OFFER: CORPORATE SYSTEMS EVALUATION CRITERIA Agenda Item No. 16E4 JYR9 2e, .2005 Page 42 of 83 RFP TITLE: RISK MANAGEMENT SOFTWARE COMPUTER SYSTEM RFP NO. 034·770-P (DM) A) B) C) EVALUATION CRITERIA POTENTIAL PERCENTAGE INDMDUAL POINTS CONSENSUS PERCENTAGE A) POTENTIAL POiNTS RANGE SELECTED X FROM RANGE C) PERCENTAGE SELECTED FROM RANGE 450 J.fOJ'~O ~ ltlLxtfQ... 400 -7o"Qö 80 ~x 'IDO 150 3 7D ¥.3q ~ 4) ---:..;..x_ 5) .---X_ GRAND TOTAL 1000 Percentages are awarded according to the quality of the response with respect to each crltérlon. 0% 10% ·30% 40% - 60% 70% - 90% 100% CONSENSUS RANGE Unresponsive to the requirements of the section Does not meet current service level or requirements of section Partially meets requirements of the section Fully responsive to the requirements of the section Exceeds all requirements of the section TOTAL SCORE ;}7D =37ò 5rt.S- f.tt(~~û The review panel must review the Request For Proposal (RFP) independently. The review panel then meets to discuss their independent review. After discussions, a consensus score for each criterion Is establlsh~. Total scores are then ranked with the highest scoring proposer being first. Oral presentations may be scheduled at this time. At the consensus meeting cost must be a uniform score (all members must give same numerical score for cost). REMEMBER. IT IS VERY IMPORTANT TO GIVE COMMENTS AS TO WHY A PROPOSAL WAS SCORED IN A PARTICULAR MANNER. r)¡L.1fv-:,'" '., ,',:/ -s ., ~~r .,1,' .. ,'h. ···."7/ COMMENTS: L s. L?,';:--:~ ,r,';",>':: L¡,;, ",.',", ,Jtr-sLtrr a,'n'~ ',..:, ..c~)~~ 1:3 ~~~:,~ .: i(~i."--"'i -:~'?, ~\:'G_/" ..l'\r:'}'~:'·: .(~·{(".I' :::,;:.:- CJ.lf/:2J..1t!::~ .~:t.'/~"",N( [.~-r..., "~"...Jl..' r:.':.(~.'..\/~,',~ Af."I.?;¡."'-'~;"·'t'I·!· .... .~"J.I..."_'!--"!'''' '.0 cJ..' .?>~~ ,I: .,:'» .;) '. /). ..,:-!./..,'t; '" ~ ¡ /'1/ .:.LT·,!1 ,~'~:~,,,.: :.'_:_.' ~.A .1,""..~· S../ f l:, '; . ~ .1 . , ...A,/'V"'.cb.J...d..-i- ,;U.L J·~)..:'-:~.~t; ¿" I ·";,·._I..~,; \~':~.I S·~I :,)(f'.,.' :..~.,.,/¡ ·'¡'r:·. ...... .'. $-,/' /..'!"':"¡':'.!'~/;:' ",~_r. .,.. )0,_ ..~~.. - '3 " , frl., ~;:'~" .. :.' ~."-..', (~.p_.~.r:..~' ":". .).t-; l _f , . rlf :':';/[ , ..," . ! -' -~; ,.;--" I <yr',)".; ,._¡1 ,'1 sO ,D():') (i:\ c/,'··. .:.) c.J'f'·J ~ . .:. : " "') :" ';',."1.):::0. I~~ c: ,y~ .{3 :-"l·.~~J-( + /{i,j t'.·" (. .! . :' '. ".,',' -' ,/j3:.. '0.;.,';:),. U{.f) fir,:)..',. /',..1" .'.' :';'." .'.. f)'l..iu I-,,:~ . { EVALUATION CERTIFICATION': I The percentages entered above reflect my best judgment of the merits of the Identified otferors proposal. SIGNATURE: ~jtt... f:nmc"11A PRINTED NAME: ,W"'-fL.l'b1 ¡/III. n1l1Y¿<'" DATE: q /II~ /tJlf 0812012004 '. O~GANIZATlON SUBMITTING OFFER: CORPORATE SYSTEMS EVALUATION CRITERIA Agenda Item No. 16E4 JUlie 28, 2805 Page 43 of 83 RFP TITLE: RISK MANAGEMENT SOFTWARE COMPUTER SYSTEM RFP NO. 034-770-P (DM) CRITERIA A) B) C) EVALUATION POTENTIAL PERCENTAGE INDIVIDUAL POINTS CONSENSUS PERCENTAGE A) POTENTIAL POINTS RANGE SEl.ECTED X FROM RANGE C) PERCENTAGE SELECTED FROM RANGE 450 i{o-'o 7'0 'Ÿ'.8Lx Yo 400 70- ?fP 86 "t£e..x ~ 150 394 ~ /~x 3'} /.. _x_ _x_ 1000 TOTAL SCORE IPD 2) experience In performing slmHar tasks for other entities. 3l(o 5ff.~ 4) 5) GRAND TOTAL Percentages are awarded according to the quality of the response with respect to each criterion. 0% 10% ·30% 40% - 60% 70% ·90% 100% CONSENSUS RANGE Unresponsive to the requirements of the section Does not meet current .ervlce level or requirements of section Partially meets requirements of the section Fully responsive to the requirements of the .ectlon Exceeds all requirements of the section The review panel must review the Request For Proposal (RFP) independently. The review panel then meets to discuss their independent review. After discussions, a consensus score for each criterion Is established. Total scores are then ranked with the highest scoring proposer being first. Oral presentations may be scheduled at this time. At the consensus meeting cost must be a uniform score (all members must give same numerical score for cost). REMEMBER. IT IS VERY IMPORTANT TO GIVE COMMENTS AS TO WHY A PROPOSAL WAS SCORED IN A PARTICULAR MANNER. .. COMMENTS: S...,s"'C-é'~ U-ð¿S Ûl'"t" C\ 4!...r(..,...... ~ IL. ~¿./t. F(t.( ~l>L'"i "Ent¿ S t.:)"7!Þ"7' J)~ e~~ "'*'1/ ¡,.J, 4- ¡C) t!,L. tl f"I"\At1&.- P~~..ú) j.y ~ft EVALUATION CERTIFICATION: The percentages entered above reflect my best Judgment of the merits of the identified offerors proposal. SIGNATURE: ~ I» ~_ PRINTED NAME: -;3 £-r." l? 1-",'''''. ""- DATE: q 1/0/" $' , 08120/2004 ORGANIZATION SUBMI1TING OFFER: W:::NVlSION TECHNOLOGY SOIIITlONS. .Å~GI,dð Ite:ffi ~Ja. 16E:4 June 28, 2005 EVALUATION CRITERIA Page 44 of 83 RFP TITLE: RISK MANAGEMENT SOFTWARE COMPUTER SYSTEM RFP NO. 034·110-P (DM) CRITERIA A) B) C) POTENTIAL PERCENTAGE INDIVIDUAL POINTS CONSENSUS PERCENTAGE RANGE SELECTED FROM RANGE 450 40-&0% &O1'~ 400 40- ~ltl0 607~: 150 I aD'1 c EVALUATION B) POTENTIAL POINTS X C) PERCENTAGE SELECTED FROM RANGE TOTAL SCORE i.5LxJJL ~-WD 021 i coO ðJ· 000 i5JOOO 2) Experience in performing similar tasks for other entities. LfD.Lx_ 4) _x_ 5) _x_ GRAND TOTAL 1000 Percentages are awarded according to the quality of the response with respect to each criterion. 0% 10% ·30% 40% . 60% 70% . 90% 100% CONSENSUS RANGE Unresponsive to the requirements of the section Does not meet current service level or requirements of section Partially meets requirements of the section Fully responsive to the requirements of the section Exceeds all requirements of the section The review panel must review the Request For Proposal (RFP) Independently. The review panel then meets to discuss their Independent review. After discussions. a consensus score for each criterion Is established. Total scores are then ranked with the highest scoring proposer being first. Oral presentations may be scheduled at this time. At the consensus meeting cost must be a uniform score (all members must gIve same numerical score for cost). REMEMBER. IT IS VERY IMPORTANT TO GIVE COMMENTS AS TO WHY A PROPOSAL WAS SCORED IN A PARTICULAR MANNER. EVALUATION CERTIFICATION: SIGNATURE: DATE: best judgment of the merits of the identified offerors proposal. 1, PRINTED NAME: f/17rf/yffì Q. /iif/Y 08f2012004 '. ORGANIZATION SUBMITTING OFFER: FNVISIO~ TfCHNO! Ot3Y SO' 'rnoþ.Js. Agenda ~~~e~~·. :î~~ Page 45 of 83 EVALUATION CRITERIA RFP TITLE: RISK MANAGEMENT SOFTWARE COMPUTER SYSTEM RFP NO. 034-770·P (OM) A) B) C) CRITERIA POTENTIAL PERCENTAGE INDIVIDUAL POINTS CONSENSUS PERCENTAGE RANGE SELECTED FROM RANGE 450 '(0 .- 6"(\ t .. c; 0 400 '16 -'ð :% ~~5 þ 150 i 00 /0 100 A rG&- . <=t 0 EVALUATION B) POTENTIAL POINTS X ; C) PERCENTAGE SELECTED FROM RANGE TOTAL SCORE 'fSOx..:.£SJ :J.. ï 0 'iEsLx . *(§ UfO a 4) ----lC- 5) ~- GRAND TOTAL 1000 : ~. 0% 10% ·30% 40% - 60% 70% ·90% 100% Percentages are awarded according to the quality of the response with respect to each criterion. CONSENSUS RANGE Unresponsive to the requirements of the section Does not meet current ..rvlce level or requIrements of section Partially meets requIrements of the section Fully responsive to the requirements of the section Exceeds all requirements of the section (Øoo The review panel must review the Request For Proposal (RFP) IndependenUy. The review panel then meets to discuss their Independent review. After dlsaJsslons, a consensus score for each criterion Is established. Total scores are then ranked with the highest scoring proposer being first. Oral presentations may be scheduled at this time. At the consensus meeting cost must be a uniform score (all members must give same numerical score for cost). REMEMBER. IT IS VERY IMPORTANT TO GIVE COMMENTS AS TO WHY A PROPÓSAL WAS SCORED IN A PARTICULAR MANNER. COMMENTS: CQII. f!ol'"..,S .!ö MflJ:f I'erGt.,r~""p¡C.f$.. ¡/.J «'IIIIt,A<r/e (e;r.,/I ()-f1 eXr~;è#IC~. p",Ge WG.' ('d...1t~4 £./"11 GIJItf!'al"¡ '1ft, ,,{(eI'5. EVALUATION CERTIFICATION: The percentages enter~d above reflect my best judgment of the merits of the Identified offerors proposal. SIGNATURE: Mç-4/ PRINTED NAME: t ~t.""' ,/ G:').rR;.' DATE: <;/1';; r 0812012004 " O,RGANIZATION SUBMITTING OFFER: ENVISION TECHNOlOGY SQI 11T10N$. EVALUATION CRITERIA , . ^gQr;¡d:¡¡ It9r:T1 1\10 1 RI=A June 28, 2005 Page 46 of 83 RFP TITLE: RISK MANAGEMENT SOFTWARE COMPUTER SYSTEM RFP NO. 034-770-P (DM) CRITERIA A) B) C) POTENTIAL PERCENTAGE INDMDUAL POINTS CONSENSUS PERCENTAGE RANGE SELECTED FROM RANGE 450 40-&-D 00 400 -4o-(ÒO 4.0 150 I . l ept:? ~ lOD EVALUATION B) POTENTIAL POINTS X C) PERCENTAGE SELECTED FROM RANGE TOTAL SCORE ë{"1tk.£Q.. 270 2) Experience in performing similar tasks for other entities. ~x~ {bO (;;0 x LCO /60 4) _x_ 5) _x_ GRAND TOTAL 1000 f?BO 0% 10% ·30% 40% - 60% 70% . 90% 100% Percentages are awarded aocorcllng to the quality of the response with respect to each criterion. CONSENSUS RANGE Unresponsive to the requirements of the section Doe. not meet current .ervlce level or requirements of section Partially meets requirements of the section Fully responsive to the requirements of the section Exceeds all requirements of the section The review panel must review the Request For Proposal (RFP) Independently. The review panel then meets to disaJss their independent review. After discussions, B consensus score for each criterion Is established. Total scores are then ranked with the highest scoring proposer being first. Oral presentations may be scheduled at this time. At the consensus meeting cost must be a uniform score (all members must give same numerical score for cost). REMEMBER. IT IS VERY IMPORTANT TO GIVE COMMENTS AS TO WHY A PROPOSAL WAS SCORED IN A PARTICULAR MANNER. COMMENTS: R2.I.? fh~AL ?MÅLl é:..c.'Y\.~ '1 '-I (-l4) ?iYl, ~Hi io \t I ~U ÇbE~ G"?~ ~, rz.u l:. '"( GO ,. Le: ~c;. '"T 67<. f'; fJ$ ( \{ é t-JO\ M G..E T e.::./).u. \ 1ÍL£ ,al\EJ\..Iïe=:.. ~~~í~ -r F:L;-'~ (. ð L;.'" -F \(2b.,)1 ~ \\/onl.:""" EVALUATION CERTIFICATION: est judgment of the merits of the Identified offerors proposal. PRINTEDNAME:~,...\ ~~ SIGNATURE~ DATE: Of! 'OIO~Y 0812012004 ...,,. .. O,RGANIZATION SUBMITTING OFFER: ENVISION TECHNOLOGY SOLUTIONS, Agðl,dô It!:", ~Jð. 16E4 June 28. 2005 EVALUATION CRITERIA Page 47 of 83 RFP TITLE: RISK MANAGEMENT SOFTWARE COMPUTER SYSTEM RFP NO. 034-770-P IDM} CRITERIA A) B) C) POTENTIAL PERCENTAGE INDMDUAL POINTS CONSENSUS PERCENTAGE RANGE SELECTED FROM RANGE 450 i.{ D 110 :-/0 400 4o....f.tO '>=-6 150 /lJO 'If(j I D () EVALUATION B) POTENTIAL POINTS X C) PERCENTAGE SELECTED FROM RANGE TOTAL SCORE 2) Experience In performing similar tasks for other entities. ¡go 51:> x 'tOO ;ld) If2!¿!Ax I~ . /5õ ---l'_ _x_ 5êo 4) 5) GRAND TOTAL 1000 0% 10% -30% 40% - 60% 70% ·90% 100% Percentages are awarded according to the quality of the response with respect to each criterion. CONSENSUS RANGE Unresponsive to the requirements of the øctlon Does not meet current ..rvlce level or requirements of øctlon Partially meetS requirements of the section Fully responsive to the requirements of the .ectlon Exceeds all requirements of the .ectlon The review panel must review the Request For Proposal (RFP) Independently. The review panel then meets to discuss their Independent review. After discussions, a consensus score for each criterion Is established. Total scores are then ranked with the hIghest scoring proposer beIng first. Oral presentations may be scheduled at this time. At the consensus meeting cost must be a uniform score (all members must give same numerical score for cost). REMEMBER. IT IS VERY IMPORTANT TO GIVE COMMENTS AS TO WHY A PROPOSAL WAS SCORED IN A PARTICULAR MANNER. COMMENTS: ),. '-'., /,' ,.,"'(."., . -'. l:-, 7,-'';'-' l . ,: . ~... 2 I (¿..{. U "( , Î.J " . . ! ¡---.' , r· '....) )).1 ,'·Y:'" 'I,·' ':.. /b./¡I.I . --i :. ~ ¡. :)'{ I . .'':'~' ." ,'¡,...., ':' i~ 10..:[ ; '. , ". :~ ,. ~. : ,'. :.... t..1 :.1 ; I (~:.,~ :t-, EVALUATION CERTIFICATION: The percentages entered above reflect my best Judgment of the merits of the Identified offerors proposal. SIGNATURE: 1¡$u:({..i'J.\.¡ }'r1 )¡1~ PRINTED NAME: .HÛf,'C,'tÃ. n1.rrluvl'h DATE: ~/O/~ 0812012004 " O~GANIZATlON SUBMITTING OFFER: F=NVI$IO~ T¡::CH~nl O(3Y SO' 'mONS, ,^,§enst3 Iter+1 Þ-J9 19~<I June 28, 2005 EVALUATION CRITERIA Page 48 of 83 RFP TITLE: RISK MANAGEMENT SOFTWARE COMPUTER SYSTEM RFP NO. 034-770·P (DM) CRITERIA A) B) C) POTENTIAL PERCENTAGE INDIVIDUAL POINTS CONSENSUS PERCENTAGE RANGE SELECTED FROM RANGE 450 YO - ¿. 0 t)"D 400 'fo.,,, 0 '10 150 /OD /1f"o EVALUATION ~) POTENTIAL POINTS X C) PERCENTAGE SELECTED FROM RANGE TOTAL SCORE Y.s""1? x -n> ;)~r: 2) experience In performing similar tasks for other entities. "Ióox 4fo I~t> /. ø2x /£'0 ¡S-O 4) _x_ 5) _x_ GRAND TOTAL 1000 .s-3~ Percentages are awarded according to the quality of the response with respect to each criterion. 0% 10% . 30% 40% . 60% 70% -90% 100% CONSENSUS RANGE Unresponsive to the requirements of the .ectlon Does not meet current service level or requirements of .ectlon Partially meets requirements of the section Fully responsive to the requirements of the section Exceeds aU requirements of the section The review panel must review the Request For Proposal (RFP) independently. The review panel then meets to discuss their independent review. After discussions, a consensus score for each criterion Is established. Total scores are then ranked with the highest scoring proposer being first. Oral presentations may be scheduled at this time. At the consensus meeting cost must be a uniform score (all members must give same numerical score for cost). REMEMBER. IT IS VERY IMPORTANT TO GIVE COMMENTS AS TO WHY A PROPOSAL WAS SCORED IN A PARTICULAR MANNER. COMMENTS: ~~.:s. ,..o--r ... f'GL-Fo¡2..rr.. ~L. o~ ~ F}O."'c-'fí"'~·· ~~~ µJ L ,.. .t.£p. Re.f"M/~3 µ-H! M ð'o-lJ~ EVALUATION CERTIFICATION: The percentages entered above reflect my best judgment of the merits of the Identified offerors proposal. SIGNATURE: ~....~ to ~ PRINTED NAME: BELcH ~;tJ I ~6' (£"¿ DATE: 1/, 81 (;) if 0812012004 Agenda Item No. 16E4 June 28, 2005 Page 49 of 83 ", Conflict of Interest Statement Request for Proposal #~ You have been asked to participate in the evaluation of proposals received as the result of the above referenced competitive solicitation. It is essential that the integrity of the evaluation process be maintained to ensure that each proposer Is given fair and equal consideration. Personal association with any of the proposers must not Influence your evaluation. You are required to report to the Purchasing Director any actual, potential, or perceived conflict of interest and the nature of the conflict. During this process, an a.ddltional consideration is the need to maintain confidentiality regarding the status of the evaluation or personal opinions of the proposals ou1slde of the formal committèè proceedings. Any and all Inquiries you may receive regarding the evaluation must be directed to the Purchasing Director. You are asked to read and agree to the following statement: I have read, understand, and agree to the above, and I will adhere to the policies as presented. I know of no conflict of Interest, nor have I accepted any gratuities or favors from proposers which would compromise my objectivity. I have no personal Interest in .eeing that a specific proposer is awarded a contract. I shall keep all evaluation proceedings in strict confidence prior to contract award. I will do my best·to base my recommendation for contract award solely upon the evaluation criteria in the solicitation and each proposer's response. ß J;~rJ JD¥ I Date 0812012004 " =t PUP,CHA!I~ Agenda Item No. 16E4 June 28, 2005 Page 50 of 83 Conflict of Interest Statement Request for Proposal #~ You have been asked to participate in the evaluation of proposals received as the result of the above referenced competitive solicitation. It is essential that the Integrity of the evaluation process be maintained to ensure that each proposer is given fair and equal consideration. Personal association with any of the proposers must not Influence your evaluation. You are required to report to the Purchasing Director any actual. potential. or perceived conflict of interest and the nature of the conflict. During this process, anå.ddltional consideration Is the need to maintain confidentiality regarding the status of the evaJuatlon or personal opinions of the proposals outside of the formal committee proceedings. Any and all Inquiries you may receive regarding the evaluation must be directed to the Purchasing Director. You are asked to read and agrèe to the following statement: I have read, understand. and agree to the above. and I will adhere to the policies as presented. I know of no conflict of Interest, nor have I accepted any grab.dties or favors from proposers which would compromise my objectivity. I have no personal Interest In seeing that a specific proposer Is awarded a contract. I shall keep all evaluation proceedings In strict confidence prior to contract award. I will do my best to base my recommendation for contract award solely upon the evaluation criteria in the solicitation and each proposer's response. '~ ~' , Evaluation Committee Member Signature g/J(J/otl , Date R ~"ø.I",1 G';~ít<1 r Printed Member Name 0812012004 )"mellas ~ (ounty ~ PURCHASING Agenda Item No. 16E4 June 28, 2005 Page 51 of 83 -. Conflict of Interest Statement Request for Proposal #~ You have been asked to participate in the evaluation of proposals received as the result of the above referenced competitive solicitation. It is essential that the integrity of the evaluation process be maintained to ensure that each proposer Is given fair and equal consideration. Personal association with any of the proposers must not Influence your evaluation. You are required to report to the Purchasing Director any actual, potential. or perceived conflict of interest and the nature of the conflict. During this process, an additional consideration is the need to maintain confidentiality regarding the status of the evaluation or personal opinions of the proposals outside of the formal committee proceedings. Any and all Inquiries you may receive regarding the evaluation must be directed to the Purchasing Director. You are asked to read and agree to the following statement: I have read, understand, and agree to the above, and I will adhere to the policies as presented. I know of no conflict of ir:¡terest, nor have I accepted any gratuities or favors from proposers which would compromise my objectivity.· I have no personal Interest In seeing that a specific proposer Is awarded a contract. I shall keep all evaluation proceedings in strict confidence prior to contract award. I will do my best to base my recommendation for contract award solely upon the evaluation criteria in the solicitation and each proposer's respónse. ~D!C)(t Dte <ç::b ù ~ fJ Printed Member Name 08120/2004 Pinellas ,~ (ounty ~ PURCHASING Agenda Item No. 16E4 June 28, 2005 Page 52 of 83 '. Conflict of Interest Statement Request for Proposal # ~-770-P (DM) You have been asked to participate In the evaluation of proposals received as the result of the above referenced competitive solicitation. It Is essential that the Integrity of the evaluation process be maintained to ensure that each proposer Is given fair and equal consideration. Personal association with any of the proposers must not Influence your evaluation. You are required to report to the Purchasing Director any actual, potential, or perceived conflict of interest and the nature of the conflict. During this process, an additional consideration Is the need to maintain confidentiality regarding the status of th'e evaluation or personal opinions of the proposals outSide of the formal committee proceedings. Any and all Inquiries you may receive regarding the evaluation must be directed to the Purchasing Director. You are asked to read and agree to the following statement: I have read, understand, and agree to the above, and I will adhere to the policies as presented. I know of no conflict of Interest, nor have I accepted any gratuities or favors from proposers which would compromise my objectivity. I have no personal Interest in seeing that a specific proposer is awarded a contract. I shall keep all evaluation proceedings in strict confidence prior to contract award. I will do my beat to base my recommendation for contract award solely upon the evaluation criteria In the solicitation and each proposer's response. f) .J'Jr:íÚ .L m n1 C/)UA- Evaluation Committee Member Signature c¡ ~ôhcf Date ~ obi 'C 1'Cl tv\. YYt£..y c c:..,- Printed Member Name 08120/2004 ;""'...;"',¡....."'""....","',""';;'"~-"""'"'""',,¡"''''''',;''';";;''',.;,,..,'',.,.,.,."'" Pi1eIIas*'- (ounty~ PURCHASIHG Agenda Item No. 16E4 June 28, 2005 Page 53 of 83 .. . . Conflict of Interest Statement Request for Proposal #~ You have been asked to participate In the evaluation of proposals received as the result of the above referenced competitive solicitation. It is essential that the integrity of the evaluation process be maintained to ensure that each proposer Is given fair and equal consideration. Personal association with any of the proposers must not Influence your evaluation. You are required to report to the Purchasing Director any actual, potential, or perceived conflict of interest and the nature of the conflict During this process, an a,dditional consideration Is the need to maintain confidentiality regarding the status of the evaluation or personal opinions of the proposals outside of the formal committee proceedings. Any and all Inquiries you may receive regarding the evaluation must be directed to the Purchasing Director. You are asked to read and agree to the following statement: I have read, understand, and agree to the above, and I will adhere to the policies as presented. I know of no conflict of Interest, nor have I accepted any gratuities or favors from proposers which would compromise my objectivity. I have no personal Interest In seeing that a specific proposer Is awarded a contract I shall keep all evaluation proceedings in strict confidence prior to contract award. I will do my best to base my recommendation for contract award solely upon the evaluation criteria in the solicitation and each proposer's response. 6..at- w ~. Evaluation Committee Mem r Signature 6f//D1 (), 'I Date - Wlt-='í~'~ Printed Member Name B £-r t+ 0812012004 ~..ü.._..__. BOARD OF COUNTY COMMISSIONERS Susan Latvala - Chairman John Morroni - Vice Chairman Calvin D. Harris Karen Williams Seel Robert B. Stewart Barbara Sheen Todd Kenneth T. Welch Joseph Lauro, CPPO/CPPB Director August 18, 2004 INVITATION TO BID: ALL INTERESTED BIDDERS AND FIRMS RISK MANAGEMENT COMPUTER SOFTWARE SYSTEM TO: BID NUMBER: 034-770-P (DM) AUGUST 25, 2004 at 3:00 P.M. SCHEDULED TO OPEN: ADDENDUM NO.1 Following are responses provided to questions received during the Pre proposal Conference as well as by the submittal date. This information should be considered when submitting a proposal response. Question: Answer: Is Finance converting to Oracle? Yes Question: Answer: When will Finance be converting to Oracle? Anticipated conversion is within one to two years. Question: Can Finance generate the check and explanation of benefits that will be submitted electronically? Answer: No, not at this time, but the system can be modified to perform the function. Question: Answer: What is the number of claims to be converted to the new system? The number of claims to be converted to the new system is 50,421. Question: What is the number of claims received per year? PLEASE ADDRESS REPLY TO: 400 South Ft. Harrison, Sixth Floor CleslWater, Florida 33756 Phone: (727) 464-3311 FAX: (727) 464-3925 Website: www.cinellascountv.oralDurchase o "'-"·"........,~;~,"_"'......Ö__I""".,;,,,'""'"",',""",· .." Answer. The oomber of claims received per year is 2,941. Agenda Item No. 16E4 June 28, 2005 Page 55 of 83 Question: What is the number of invoices processed per month? Answer: The number of invoices processed per month is 1,900. Question: Is Risk willing to consider a preexisting claims management system that was developed for a different type of claims processing? Answer. Yes, would consider the proposal, but require a program that sufficiently meets the needs of the organization. Question: Can you clearty explain "Reserves" and how they will be used throughout the system? Answer. Reserves are dollar projections of the cost of a claim over the expected life of the claim. Question: Please estimate the number of people that will use the product in the followng ca1egories: 1. Occasional user (a person who must work with the program once a week or less)? Answer: 6 2. Casual user (a person who must work with the program once a week, but not necessarily everyday)? Answer: 3 3. Everyday user (a person who must work with the program each day)? Answer: 10 - Question: Can you provide examples of the common reports? Answer: Cause rankings; Allocated Loss Adjustment Expenses; Total loss days by department or claimant; Annual expenditure by claim type, by department, by reserve category; coding, etc... Question: Are you willing to accept the products development on a phased based approach? Meaning the first delivered version of the software would contain only a portion of the functionality requirements and with each version update more and more of the fLrIctionalities 'NOU1d be delivered until the requirements for the RFP are met? Answer: No, YJOUId require a complete product at implementation. Question: When do you expect to have the system fully operational? Answer. January, 2005. Question: What are "Hard" and "Soft" edits? AnsYJer: Hard edits does not allow a user to make an entry that does not match the values that are permitted. Soft edits allows entry, bUt warns that the information may not file the match of values that are permitted. All other specifications, tenns and conditions remain unchanged. Please remember to acknowledge receipt of this Addendum in Section G, Page 22 under Addendum No. 1 and retum with completed proposal documents. cD r/\~· Sincerely, ". l '!t-1...:,.·ð...u~"·éJ..()ý'l. ~ JOSEPH LAURO, CPPOICPPB Director of Purchasing ~,," ~'>"",___..~,,,"c.'" SUBMIT PROPOSAL TO: Pinellas County Board of County Commissioners Purchasing Department 400 South Ft. Harrison, Sixth Floor Clearwater, Florida 33756 Agenda Item I'fa~~ ~~3 June 28 2005 REQUEST FOR PROPÕSAL PINELLAS COUNTY BOARD OF COUNTY COMMISSIONERS PROPOSAL TITLE: RISK MANAGEMENT SOFTWARE COMPUTER SYSTEM PROPOSAL NO: PRE-PROPOSAL CONFERENCE: NON-MANDATORY..!.. 034-770-P (DM) DATEITIME: AUGUST 5.2004 at 10:00 AM. LOCATION: 400 South Fort Harrison Ave. Floor 5 www.pinellascounty.org CLEARWATER. FLORIDA 33756 ~~ PROPOSAL SUBMITTAL IS DUE: Auaust 25.2004 @ 3:00P.M. AND MAY NOT BE WITHDRAWN FOR: 120 DAYS AFTER SUCH DATE AND TIME. DEADLINE FOR WRITTEN QUESTIONS: Auaust 12.2004 CONTACT PERSON: Dorothv "Dot" Milton. CPPB, Procurement Analvst ISSUE DATE: July 30, 2004 PHONE: 727464-3311 FAX: 727/464-3925 COMMISSIONERS SUSAN LATVALA - CHAIRMAN JOHN MORRONI - VICE CHAIRMAN CALVIN D. HARRIS ROBERT B. STEWART BARBARA SHEEN TODD KENNETH T. WELCH THE MISSION OF PINELLAS COUNTY Pinellas County Government is committed to progressive public policy, superior public service, courteous public contact, judicious exercise of authority and sound management of public resources to meet the needs and concerns of our citizens today and tomorrow. JOSEPH LAURO, CPPO/CPPB Director of Purchasing SECTION A GENERAL CONDITIONS OF REQUEST FOR PROPOSAL 1. SUBMISSION OF PROPOSAL: a) Proposals will be opened immediately after the proposal submittal date and time (3:00 PM) by the Pinellas County Purchasing Department, 400 South Fort Harrison Avenue, Annex Building, 6th Floor, Clearwater, FL 33756. The public may attend the proposal opening, but may not immediately review any proposals submitted. The names of respondents only will be read aloud at the time of opening. Pursuant to Section 119.07(3)(m), all proposals submitted shall be subject to review as public records 10 days from opening, or earlier if an intended decision is reached before the 10-day period expires. Late proposals will not be accepted. b) Proposals and changes thereto shall be enclosed in sealed envelopes or packages, addressed to the Purchasing Department, Pinellas County. The name and address of the firms, the date and hour of the proposal submittal, and the title shall be placed on the outside of the envelope. c) Proposals must follow the format of the RFP and structure their responses to follow the sequence of the RFP when submitting a proposal. County staff will evaluate the proposals received, based on responsiveness to the evaluation criteria and based on the information being provided in the required sequence. d) Proposers must have experience in work of the same or similar nature, and must provide references that will satisfy the County. Proposer must furnish a reference list of at least four (4) customers for whom they have performed similar services and must provide information as specified in Section D. e). Proposer is advised that exceptions to any of the terms contained in this RFP or the attached service agreement must be identified in its response to the RFP. Failure to do so may lead County to declare any such term non- negotiable. Proposer's desire to take exception to a non-negotiable term will not disqualify it from consideration for award. PINELLAS COUNTY PURCHASING RFP - SERVICES REVISED: 06/08/04 SECTION A - GENERAL CONDITIONS - CONTINUED Agenda Item lfðfJ~ ~~3 June 28, 2005 PaQe 57 of 83 2. WRITTEN REQUESTS FOR INTERPRETATIONS/CLARIFICATIONS: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this proposal must be sent in writing (mail or fax) to the Purchasing Department and received no later than the deadline specified in Section B. Responses to questions may be handled as an addendum if the response would provide clarification to requirements of the ¡proposal. All such addenda shall become part of the contract documents. The County will not be responsible for any other explanation or interpretation of the proposed RFP made or given prior to the award of the contract. The Purchasing Department will be unable to respond to questions received after the specified deadline. 3. DESCRIPTION OF SUPPLIES/SERVICES: Any manufacturer's names, trade names, brand name, or catalog numbers used in specifications are for the purpose of describing and establishing general quality levels. SUCH REFERENCES ARE NOT INTENDED TO BE RESTRICTIVE. Proposals will be considered for all brands that meet the quality of the specifications listed for any items. 4. RIGHTS OF PINELLAS COUNTY IN REQUEST FOR PROPOSAL PROCESS: In addition to all other rights of the County under Florida law, the County specifically reserves the following: a) b). ,~ c) d) e). f) g). Pinellas County reserves the right to rank firms and negotiate with the highest-ranking firm. Negotiation with an individual proposer does not require negotiation with others. Pinellas County reserves the right to select the proposal that it believes will serve the best interest of Pinellas County. Pinellas County reserves the right to reject any or all Requests for Proposals. Pinellas County reserves the right to cancel the entire Request for Proposal. Pinellas County reserves the right to remedy or waive technical or immaterial errors in the Request for Proposal or in proposals submitted. Pine lias County reserves the right to request any necessary clarifications or proposal data without changing the terms of the proposal. Pinellas County reserves the right to make selection of the proposer to perform the services required on the basis of the original proposals without negotiation. 5. EVALUATION CRITERIA: The evaluation criterion defines the factors that will be used by the Evaluation Committee to evaluate and score responsive, responsible and qualified proposals. Proposers shall include sufficient information to allow the Evaluation Committee to thoroughly evaluate and score their proposals. Each proposal submitted shall be evaluated and ranked by an evaluation committee. The contract will be awarded to the most qualified proposer, per the evaluation criteria listed in Section B of the RFP. 6. COSTS INCURRED BY PROPOSERS: All expenses involved with the preparation and submission of proposals to the County, or any work performed in connection therewith, shall be borne solely by the Proposer(s). No payment will be made for any responses received, or for any other effort required of, or made by, the Proposer(s) prior to contract commencement. 7. ORAL PRESENTATION: An oral presentation of proposal may be requested of any firm, at the Evaluation Committee's discretion. PINELLAS COUNTY PURCHASING RFP - SERVICES REVISED: 06/08/04 ,«".,o__.~, SECTION A - GENERAL CONDITIONS· CONTINUED Agenda Item rfa~~ g~3 June 28, 2005 Page 58 of 83 8. CONFLICT OF INTEREST: a) The Proposer represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided for in Fla. Stat., §112.311, g!. §.@g. The Proposer further represents that no person having any interest shall be employed for said performance. b) The Proposer shall promptly notify the County's representative, in writing, by certified mail, of all potential conflicts of interest for any prospective business association, interest, or other circumstance, which may influence or appear to influence the Contractor's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Proposer may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Proposer. The County agrees to notify the Proposer of its opinion by certified mail within thirty days of receipt of notification by the Proposer. 9. WITHDRAWAL OF PROPOSAL: A proposal may be withdrawn prior to the time set for the proposal submittal, based on a written request from an authorized representative of the firm; however, a proposal may not be withdrawn atter the time set for the proposal submittal for a period of time as specified. 10. LATE PROPOSAL OR MODIFICATIONS: Proposal and modifications received after the time set for the proposal submittal will not be considered; however, modifications in writing received prior to the time set for the proposal submittal will be accepted. 11. PROPOSALS FROM RELATED PARTIES / MULTIPLE PROPOSALS RECEIVED FROM ONE VENDOR: Where two (2) or more related parties each submit a proposal or multiple proposals are received from one (1) vendor, for any contract, such proposals shall be judged non-responsive. Related parties mean proposers or the principles thereof, which have a direct or indirect ownership interest in another proposer for the same contract or in which a parent company or the principles thereof of one (1) proposer have a direct or indirect ownership interest in another bidder or proposer for the same contract. 12. LOCAL. STATE. AND FEDERAL COMPLIANCE REQUIREMENTS: The laws of the State of Florida apply to any purchase made under this Request for Proposal. Proposers shall comply with all local, state, and federal directives, orders and laws as applicable to this proposal and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO). Minority Business Enterprise (MBE), and OSHA as applicable to this contract. 13. PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the proposer, the proposer agrees to make available to all Government agencies, departments, and municipalities the proposal prices submitted in accordance with said proposal terms and conditions therein, should any said governmental entity desire to buy under this proposal. Eligible Users shall mean all state of Florida agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the contract. 14. COLLUSION: The proposer, by affixing his signature to this proposal, agrees to the following: "Proposer certifies that his proposal is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same item(s) and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action". PINELLAS COUNTY PURCHASING RFP - SERVICES REVISED: 06/08/04 Agenda Item rfð~E ð~~3 June 28, 2005 Page 59 of 83 SECTION A - GENERAL CONDITIONS - CONTINUED 15. RIGHT TO AUDIT: Pinellas County reserves the privilege of auditing a vendor's records as such records relate to purchases between Pinellas County and said vendor. Such audit privilege is provided for within the text of the Pinellas County Code §2- 156 through §2-176U). Records should be maintained for three years from the date of final payment. 16. STATEMENT RELATIVE TO "PUBLIC ENTITY CRIMES": The proposer is directed to the Florida Public Entity Crime Act, §287.133, Florida Statutes, and the County's requirement that the successful proposer comply with it in all respects prior to and during the term of this contract. 17. COUNTY INDEMNIFICATION: a) The first ten dollars ($10) of compensation received by the contractor pursuant to this contract represents specific consideration for the following indemnification: contractor shall indemnify, pay the cost of defense, including attorneys' fees, and hold harmless the County from all suits, actions or claims of any character brought on account of any injuries or damages received or sustained by any person, persons or property by or from the said contractor; or by, or in consequence of any neglect in safeguarding the work; or through the use of unacceptable materials in the construction of improvements; or by, or on account of any act or omission, neglect or misconduct of the said contractor; or by, or on account of, any claim or amounts recovered under the "Workers' Compensation Law" or of any other laws, by-laws, ordinance, order or decree, except only such injury or damage as shall have been occasioned by the sole negligence of the County. b) The successful proposer(s) agrees to indemnify the County and hold it harmless from and against all claims, liability, loss, damage or expense, including counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the goods and payment thereof by the County. 18. VARIANCE FROM STANDARD TERMS & CONDITIONS: All standard terms and conditions stated in Section A apply to this contract except as specifically stated in the subsequent sections of the document, which take precedence over Section A, and should be fully understood by proposers prior to submitting a proposal on this requirement. 19. ADA REQUIREMENT FOR PUBLIC NOTICES: Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 727/464-4062 (voice/tdd) fax 727/464-4157, not later than seven days prior to the proceeding. 20. CERTIFICATE OF INSURANCE: The successful proposer must provide a Certificate of Insurance in accordance with Insurance Requirements, Section C, prior to issuance of Purchase Order or commencement of any work hereunder. 21. PROCUREMENT POLICY FOR RECYCLED MATERIALS: Pinellas County wishes to encourage its proposer to use recycled products in fulfilling contractual obligations to the County and that such a policy will serve as a model for other public entities and private sector companies. When awarding a purchase of $5000 or less, or recommending a purchase in excess of $5000 for products, materials, or services, the Director of Purchasing may allow a preference to a responsive proposer who certifies that their product or material contains the greatest percentage of postconsumer material. If they are submitting a proposal on paper products they must certify that their materials and/or products contain at least the content recommended by the EPA guidelines. PINELLAS COUNTY PURCHASING RFP - SERVICES REVISED: 06/08104 SECTION A - GENERAL CONDITIONS - CONTINUED Agenda Item tfa~E é~~3 June 28,2005 Paç¡e 60 of 83 On all proposals over twenty-five thousand dollars ($25,000») and formal quotes under twenty-five thousand dollars ($25,000), or as required by law, the Director of Purchasing shall require vendors to specify which products have recycled materials, what percentage or amount is postconsumer material, and to provide certification of the percentages of recycled materials used in the manufacture of goods and commodities procured by the County. Price preference is not the preferred practice the County wishes to employ in meeting the goals of this resolution. If a price preference is deemed to serve the best interest of the County and further supports the purchase of recycled materials, the Director of Purchasing will make a recommendation that a price preference be allowed up to an amount not to exceed 10% above the lowest complying proposal received. DEFINITIONS: Recovered Materials: Materials that have recycling potential, can be recycled, and have been diverted or removed from the solid waste stream for sale, use or reuse, by separation, collection, or processing. Recycled Materials: Materials that contain recovered materials. This term may include intemally generated scrap that is commonly used in industrial or manufacturing processes, waste or scrape purchased from another manufacturer and used in the same or a closely related product. Postconsumer Materials: Materials which have been used by a business or a consumer and have served their intended end use, and have been separated or diverted from the solid waste stream for the purpose of recycling, such as; newspaper, aluminum, glass containers, plastic containers, office paper, corrugated boxes, pallets or other items which can be used in the remanufacturing process. The County shall be responsible for filing all DEP notifications and furnish a copy of the DEP notification and approval for demolition to the successful proposer. The County will furnish a copy of the asbestos survey to the successful proposer. The proposer must keep this copy on site at all times during the actual demolition. 22. PA YMENTIINVOICES: The proposer must specify on the Proposal Summary form the exact company name and address which must be the same as invoices submitted for payment as a result of award of this RFP. Further, the successful proposer is responsible for immediately notifying the Purchasing Department of any company name change, which would cause invoicing to change from the name used at the time of the original RFP. Payment will be made, in arrears, in accordance with Fla. Stat. § 218.70, m. §.§g., the Florida Prompt Payment Act. 23. CANCELLATION: a) Pinellas County reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the contractor in writing of the intention to cancel or with cause if at any time the contractor fails to fulfill or abide by any of the terms or conditions specified. b) Failure of the contractor to comply with any of the provisions of this contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of Pinellas County. c) In addition to all other legal remedies available to Pinellas County, Pinellas County reserves the right to cancel and obtain from another source, any items/services which have not been delivered within the period of time stated in proposal, or if no such time is stated, within a reasonable period of time from the date of order as determined by Pinellas County. d) In the event sufficient budgeted funds are not available for a new fiscal period, the County shall notify the vendor of such occurrence and contract shall terminate on the last day of current fiscal period without penalty or expense to the County. PINELLAS COUNTY PURCHASING RFP - SERVICES REVISED: 06/08/04 Agenda Item rfa~E1 â~t¡.23 June 28, 2005 Page 61 of 83 SECTION A - GENERAL CONDITIONS - CONCLUDED 24. ASSIGNMENT/SUBCONTRACTING/CORPORATE ACQUISITIONS AND/OR MERGERS: The Contractor shall perform this contract. No assignment or subcontracting shall be allowed without prior written consent of the County. If a proposer intends to subcontract a portion of this work, the proposer must disclose that intent in the proposal. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the County within thirty (30) business days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the County, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the County awarding a proposal to a firm that has disclosed its intent to assign or subcontract in its response to the RFP, without exception shall constitute approval for purpose of this Agreement. 25. NON-EXCLUSIVE CONTRACT: Award of this Contract shall impose no obligation on the County to utilize the vendor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The County specifically reserves the right to concurrently contract with other companies for similar work if it deems such action to be in the County's best interest. In the case of multiple-term contracts, this provision shall apply separately to each term. 26. LOBBYING: Lobbying of Evaluation Committee members, Pinellas County Government employees, or elected officials regarding Request for Proposals (RFP's), Bids or Contracts, by the proposer/proposer or any member of the proposer'slbidder's staff, an agent of the proposer/bidder, or any people employed by any legal entity affiliated with an organization that is responding to the RFP, Bid or Contract is strictly prohibited upon advertisement and shall be prohibited until a written recommendation of award is made. For purposes of this provision lobbying activities shall include but not be limited to, influencing or attempting to influence action or non-action in connection with any RFP, Bid or Contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any RFP, Bid or Contract to be rejected. 27. ADDITIONAL REQUIREMENTS: The County reserves the right to request additional services relating to this Agreement from the Contractor. When approved by the County as an amendment to this Agreement and authorized in writing, the Contractor shall provide such additional requirements as may become necessary. 28. ADD/DELETE LOCATIONS/SERVICES: The County reserves the right to unilaterally add or delete locations/services, either collectively or individually, at the County's sole option, at any time after award has been made as may be deemed necessary or in the best interests of the County. In such case, the contractor(s) will be required to provide services to this contract in accordance with the terms, conditions, and specifications. 29. SERVICES AGREEMENT: A written agreement, in substantially the form attached, incorporating the Request for Proposal and the successful proposal will be prepared by the County, signed by the successful proposer and presented to the Board of County Commissioners for approval and signature. PINELLAS COUNTY PURCHASING RFP - SERVICES REVISED: 06/08/04 Agenda Item rfaøEJ 6e~3 June 28, 2005 Page 62 of 83 SECTION B - SPECIAL CONDITIONS RISK MANAGEMENT SOFTWARE COMPUTER SYSTEM 034-770-P 1. OBJECTIVE: Pinellas County Board of County Commissioners, Risk Management Department (hereinafter referred to as "Risk") is seeking proposals from interested and qualified providers of Claims Administration System software applications to accommodate claim adjustment activities, support services to maintain the Claims Administratior. System (CAS) system in functional and current status, affiliated data transmission/translation/processing services, and any optional additional and peripheral services as specified 2. PROPOSAL REQUIREMENTS: Each proposal should contain the following at a minimum. Proposer must also address detailed requirements as specified in Section E, Scope of Work. a) A written narrative describing the method or manner in which the proposer proposes to satisfy the requirements of the Scope of Work. b) A description of the proposer's experience in providing the same or similar services as outlined in the RFP. This description should include the names of the person(s) who will provide the services, their qualifications, and the years of experience in performing this type of work. Also include the reference information requested in Section D. c) The fee(s) for services as outlined in the Scope of Work. 3. EVALUATION CRITERIA: Proposers shall include sufficient information to allow the County to thoroughly evaluate and score their proposals. Each proposal submitted shall be evaluated and ranked by an evaluation committee. The contract will be awarded to the most qualified proposer, per the evaluation criteria listed in Section E, Scope of Work. 4. PRICING/PERIOD OF CONTRACT: Prices shall be held firm for the duration of the contract. Services performed pursuant to this contract shall commence upon execution of the agreement and conti nue as necessary to perform and complete all the work required. 5. OPTION OF RENEWAL: N/A 6. PRE-PROPOSAL CONFERENCE: AUGUST 5.2004 (â! 10:00 AM AT 400 SOUTH FORT HARRISON AVENUE. 5th FLOOR CONFERENCE ROOM. All questions pertaining to the proposal or technical specifications will be reviewed at this time. Proposal suggestions or modifications may be discussed with County representatives at this meeting and may be considered by representatives as possible addenda to the Request for Proposal. 7. PROPOSAL DEPOSIT/HELD TO ENSURE PERFORMANCE: N/A PINELLAS COUNTY PURCHASING RFP - SERVICES REVISED: 06/08/04 Agenda Item rfd!JEJ ê~3 June 28, 2005 Page 63 of 83 SECTIONB - SPECIAL CONDITIONS 8. PROPOSAL SUBMITTAL COPIES: Proposals shall be submitted in one (1) original and seven (7) copies with the 'Original' clearly marked. 9. ITEMS TO BE RETURNED WITH PROPOSAL: a. Section D - Vendor References b. Section F - Proposal Signature Page c. Section G - Addendum Acknowledgement Form (If Applicable) d. Section H - Statement of No Submittal (If Applicable) e. Proposal Deposit. (If Applicable) 10. TIME LINE: Following is a listing of actions and anticipated dates; the County reserves the right to change the dates, if necessary. Advertising & Publishing RFP Pre-proposal Conference Deadline for Questions/Clarifications Proposal Submittal Date Award of Contract July 30, 2004 August 5, 2004 August 12, 2004 August25,2004 September 21,2004 PINELLAS COUNTY PURCHASING RFP - SERVICES REVISED: 06/08/04 Agenda Item rfd~E1 g~3 June 28, 2005 SECTION C - INSURANCE AND INDEMNIFICATION REQUIREMENTS I. MINIMUM INSURANCE REQUIREMENTS FOR GENERAL LOW RISK CONTRACTS A. Prior to the time Contractor is entitled to commence any part of the project, work or services under this Contract, Contractor shall procure, pay for and maintain at least the following insurance coverage's and limits. Said insurance shall be evidenced by delivery to the County of (1) certificates of insurance executed by the insurers listing coverage's and limits, expiration dates and tenns of policies and all endorsements whether or not required by the County, and listing all carriers issuing said pOlicies; and (2) upon request a certified copy of each policy, including all endorsements. The insurance requirements shall remain in effect throughout the tenn of this Contract. In addition, the County reserves the right to request physical evidence of this coverage by requesting the policy declaration page. (1) Worker's Compensation in at least the limits as required by law; Employers' Liability Insurance of not less than $100,000 for each accident. (2) Comprehensive General Liability Insurance including, but not limited to, Independent, Contractor, Contractual, Premises/Operations, Products/Completed Operation and Personal Injury covering the liability assumed under indemnification provisions of this Contract, with limits of liability for personal injury and/or bodily injury, including death, of not less than $500,000, each occurrence; and property damage of not less than $100,000, each occurrence. (Combined Single Limits of not less than $500,000, each occurrence, will be acceptable unless otherwise stated). Coverage shall be on an "occurrence" basis, and the policy shall include Broad Fonn Property Damaae coverage, and Fire Leaal Liability of not less than $50,000 per occurrence, unless otherwise stated by exception herein. (3) Comprehensive Automobile and Truck liability covering owned, hired and non-owned vehicles with minimum limits of $500,000 each occurrence, for bodily injury including death, and property damage of not less than $100,000, each occurrence. (Combined Single Limits of not less than $300,000, each occurrence, will be acceptable unless otherwise stated). Coverage shall be on an "occurrence" basis, such insurance to include coverage for loading and unloading hazards. N/A (4) Professional Liability Insurance (including Errors and Omissions) with minimum limits of $500.000 per occurrence, if occurrence fonn is available; or claims made form with "tail coYerage" extending three (3) years beyond completion and acceptance of the PROJECT with proof of "tail coverage" to be submitted with the invoice for final payment. In lieu of ''tail coverage", CONSULTANT may submit annually to the COUNTY a current Certificate of Insurance proving claims made insurance remains in force throughout the same three (3) year period. (5) $ N/A combined single limits, personal injury and/or bodily injury, including death, and property damage liability insurance as an excess of the primary coverage required above. N/A (6) Builder's Risk in an All Risk Completed Value form covering insurable interest of both Owner and Contractor as their interests may appear, in an amount to be approved by Owner. (7) Comprehensive - 3D, or equivalent, in the amount of at least $ N/A protecting assets of the County in the fonn of currency, coin, checks, securities and other valuables while in the care, custody or control of Contractor, and as provided in the tenns of this Contract. B. Each insurance policy shall include the following conditions by endorsement to the policy: (1) Each policy shall require that thirty (30) days prior to expiration, cancellation, non-renewal or any material change in coverage's or limits, a notice thereof shall be given to County by certified mail to: Pine lias County Purchasing Department, 400 S. Ft. Harrison Avenue, 6th Floor, Clearwater, Florida 33756. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage received by said Contractor from its insurer; and nothing contained herein shall absolve Contractor of this requirement to provide notice. PINELLAS COUNTY PURCHASING RFP - SERVICES REVISED: 06/08/04 Agenda Item ~!31~ew3 June 28, 2005 Page 65 of 83 (2) Companies issuing the insurance policy, or policies, shall have no recourse against County for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of Contractor. (3) The term "County" or "Pinellas County" shall include all Authorities, Boards, Bureaus, Commissions, Divisions, Departments and offices of County and individual members, employees thereof in their official capacities, and/or while acting on behalf of Pinellas County. (4) Pinellas County, Board of County Commissioners shall be endorsed to the required policy or policies as an additional insured. The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by County to any such future coverage, or to County's Self-Insured Retention's of whatever nature. C. Contractor hereby waives subrogation rights for loss or damage against the County. II. MINIMUM INSURANCE REQUIREMENTS FOR HIGH RISK CONTRACTS OVER $100.000.00: A. For selected high-risk contracts over $100,000.00 aggregate value, the County may require an insurance certificate, policy declaration page and required endorsements. These required items shall be received by the County after formal Board of County Commissioners award and prior to execution of contract. Failure to provide required insurance documentation may cause your company to forfeit award. B. There may be certain projects or services less than $100,000.00 in aggregate value that would be an exception and must be treated the same way as those services of $100,000.00 and greater i.e. services involving obvious potentially dangerous conditions. Examples of such services would be any contracts involving construction, alterations, renovations, painting, spraying, roofing, mowing, scaffolding, excavation, demolition, environmentally sensitive work and any other condition that appears to be dangerous in nature. III. INDEMNIFICATION: The first ten dollars ($10) of compensation received by the contractor pursuant to this contract represents specific consideration for the following indemnification: CONTRACTOR shall indemnify, pay the cost of defense, including attorneys' fees, and hold harmless the County from all suits, actions or claims of any character brought on account of any injuries or damages received or sustained by any person, persons or property by or from the said CONTRACTOR; or by, or in consequence of any neglect in safeguarding the work; or through the use of unacceptable materials in the construction of improvements; or by, or on account of any act or omission, neglect or misconduct of the said CONTRACTOR; or by, or on account of, any claim or amounts recovered under the "Workers' Compensation Law" or of any other laws, by-laws, ordinance, order or decree, except only such injury or damage as shall have been occasioned by the sole negligence of the County. PINELLAS COUNTY PURCHASING RFP - SERVICES REVISED: 06/08/04 W._.,,,,-_,_.,___ Agenda Item ~~1~E~3 June 28, 2005 Page 66 of 83 SECTION D - VENDOR REFERENCES THE FOLLOWING INFORMATION IS REQUIRED IN ORDER THAT YOUR PROPOSAL MAY BE REVIEWED AND PROPERLY EVALUATED. COMPANY NAME: LENGTH OF TIME COMPANY HAS BEEN IN BUSINESS: BUSINESS ADDRESS: HOW LONG IN PRESENT LOCATION: TELEPHONE NUMBER: FAX NUMBER: TOTAL NUMBER OF CURRENT EMPLOYEES: FULL TIME PART TIME NUMBER OF EMPLOYEES YOU PLAN TO USE TO SERVICE THIS CONTRACT: LOCAL COMMERCIAL AND/OR GOVERNMENTAL REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED SIMILAR CONTRACT SERVICES FOR: 1. 2. Company Company Address Address T elephone/F ax T elephone/Fax Contact Contact 3. 4. Company Company Address Address T elephone/F ax Telephone/Fax Contact Contact PINELLAS COUNTY PURCHASING RFP - SERVICES REVISED: 06108104 SECTIONE - SCOPE OF WORK Agenda Item ~~ 1~e1t23 ~~te 26°.; ;?~~ I RISK MANAGEMENT SOFTWARE COMPUTER SYSTEM 034-770-P (DM) Description of Project Pinellas Coun Board of Coun Commissioners Profile Pinellas County Board of County Commissioners, Risk Management Department (hereinafter referred to as "Risk") is seeking proposals from interested and qualified providers of Claims Administration System, (CAS) software applications to accommodate claim adjustment activities, support services to maintain the CAS system in functional and current status, affiliated data transmission/translation/processing services, and any optional additional and peripheral services as specified. The County wishes to select one such provider and enter into a contractual agreement with that selected provider to arrange and coordinate for the provision of such services. This RFP solicits Proposals from qualified providers regarding: 1. The Provider's proposed methodology of performing tasks specified herein. 2. The Provider's experience in performing similar tasks for other entities. The term "experience" in this sentence includes but is not limited to the following factors: number of years in existence as a business entity, performance of tasks similar to the requested products and services in this RFP, and number and clients of equivalent size and complexity. 3. The Provider's proposed cost for provision of requested products and services. Required Services Risk is in need of specific Claims Administration System software application products and services to be provided in conjunction with the processing of insurance claims filed against Pinellas County. Tasks to be performed in order to provide these requested services are categorized and detailed below: 1. Provide a comprehensive Claims Administration System software application that meets or exceeds the specifications for such system as defined in Appendix A. 2. Provide technical support services to implement the CAS software application and maintain it such that (1) the application complies with all applicable rules, statute, standards or provisions; and (2) "system integration/accessibility factors" meet or exceed those specified in Appendix B. 3. Establish and maintain an internal organization component that shall be responsible for monitoring all State of Florida rules, statutes, standards, or provisions applicable to the processing of insurance claims filed against Pinellas County for the purposes of identifying the necessity to modify the provided CAS application in order to ensure ongoing compliance with such rules, statutes, standards, or provisions. 4. Translate, convert, "data-scrub", and transfer all data from Risk's current CAS application to the newly provided system to maintain data continuity and integrity, and to retain current information without data loss. Optional Additional and Peripheral Services Training and documentation - initial and ongoing. Respondent must submit a proposal for provision of initial training to Risk personnel to effect a smooth transition from use of the existing CAS application to the use of the Respondent's application. The vendor must also provide the County's technical staff with the appropriate level of training to effectively support the new installation. This proposal should include the number of trainers that will be provided, the number of and nature of classes to be established, the duration of each training session, and the hourly rates the Respondent will charge Risk for these services. Submit a similar proposal for ongoing/recurrent/continual training. This proposal should detail the type and nature of such recurrent training, the frequency of presentation, the duration of the classes, the Respondent's personnel who will present the training, and the hourly rates the Respondent will charge Risk for such services. Ongoing training and documentation will include online help files, updated as necessary for comprehension of Risk's staff. PINELLAS COUNTY PURCHASING RFP - SERVICES REVISED: 06/08/04 Agenda Item ~~ 16~3 June 28, 2005 Page 68 of 83 Policy Management module. Risk's financing program involves both self-insurance and purchased insurance coverages including various deductible and retention amounts, as well as excess attachment points and aggregate amounts. The selected system must be capable of tracking paid and reserved amounts on the basis of policy aggregates and deductibles and provide designated users with on-line warnings when policy limits are triggered. Cost - provide separate costs for software licenses, the services required for implementation - data conversion, training; and fixed maintenance/support costs for a period of three years from expiration of warranty period. Implementation and Project Timeline The County will only consider a vendor who can establish a firm timeline and adhere to milestones and deadlines. Proposers must provide a description of the methodology used to implement new client systems, a detailed project plan and timeline beginning with the award of this contract. Item Code Definitions: (M)-Mandatory, (H)-Highly Desired, (D)-Desired APPENDIX A 1. ADDING NEW CLAIMS a. "Rapid Entry" for claim add actions that are "keyed." (H) b. "Hard" and "soft" edits on fields that have defined values. (M) c. Ability to "pull down" valid values for each field that has defined value or "flag" a date on a "pop-up" calendar for date entries. (H) d. Ability to "record" claim add data for automated addition of affiliated claims with same data in many/most fields. (H) e. Automated new claim adds from electronic claim add records submitted by departments with specified "default" values that can be modified after initial claim add routine has completed and with "valid data" edits built into the automated claim add routine that will either reject the claim add for that record or allow the claim add but generate an "exception" report depicting those records that were added with "non-validated" data in certain fields. (M) f. Any data elements that is stored in multiple files, should be "auto populated" in all such files when entered in any of the files. (M) 2. MODIFYING CLAIM INFORMATION a. "Hard" and "soft" edits when modifying any field with defined values. (M) b. "Pull-down" list of valid field values and "pop-up" calendar for date entries. (H) c. Data integrity maintenance - disallow changes that are contrary to established rules. (M) d. Multiple claim modification on simultaneous basis - ability to make change on "root" claim such that the change is applied to all "suffix" claims or "sub-claims" or "additional claimants", etc, if so desired. (H) e. Security measures incorporated into system to restrict the type of claim modification allowed or limit the amount of a financial change on basis of criteria defined by Risk. (M) f. Any data element stored in multiple files or tables should be modified in all files or tables when modified in any of these files or tables. (M) g. Provide for the ability to "cut" information from a variety of sources, such as faxes, electronic documents, images, or other claim records, and "past" such information into claim record. (H) h. Establishing Diary Information (trigger dates, notes, reminders, etc.) i. Ability to create "generic" diary entries that can be entered into claim diary system from a "narrative code" or similar set up so that adjuster does not have to retype these frequently used diary entries each time. (H) j. Ability to import diary entries into claim's diary from external sources such as email text, electronic documents, etc. (M) k. Ability to query on or otherwise report diary information. (M) I. Automated notification to adjusters of required claim activity based on a "trigger" established in diary system. (H) PINELLAS COUNTY PURCHASING RFP - SERVICES REVISED: 06/08/04 Item Code Definitions: (M)-Mandatory, (H)-Highly Desired, (D)-Desired Agenda Item ~71ð~~3 June 28, 2005 Page 69 of 83 m. Security measures built into system such that certain diary entries cannot be altered or deleted by unauthorized personnel. (M) n. Setting Reserve Amounts. o. Inclusion of an "auto reserve" to generate recommended reserve amounts as defined by Risk. (M) p. Security measures that will restrict or limit an individual's rights to establish reserve amounts based on criteria specified by Risk. (M) q. "Low Reserve" flags built into system. (M) r. Prohibition of certain application functions, as defined by Risk, when the claim is under-reserved. (H) s. Automated calculation of "outstanding" reserve values, maximum reserve values, minimum reserve values, and reserve value at closing. (M) t. Automated notification of supervisory personnel when reserve status on claim reaches certain, pre- defined states. (H) 3. REQUESTING PAYMENTS a. Search/look-up routines built into system that will allow adjusters to research a payment request (invoice) to determine if it is a duplicate or not. (M) b. Sub-routines in application to allow adjusters to determine status of a requested payment (i.e., still pending as payable, check cut but not sent out, payment completed and posted to claim). (M) c. Sub-routine that would allow adjuster to enter requested pay amount and receive return report of inadequate or low reserve amounts. (M) d. Sub-routine that would accommodate an adjuster's ability to notify the Financial Section of the need to generate automated compensation payments. (H) e. Searches/Lookups (All "M") by claimant by reference number (claim number, SSN, Case number, etc.) by specified dates by subject by category by coverage line by "customized" field heading name by other user defined criteria 4. REPORTS a. Financial/Actuarial Studies (Loss Development, Risk Allocation, Bank Reconciliation, Internal/External Audit, Etc.) b. Ability to produce such reports on demand, "in-house", and on "as of' basis. (H) c. Report generation criteria flexible enough to accommodate most any type of study (i.e., multiple date range specifications, ability to generate loss development on quarterly, semi-annual, annual, monthly basis, voucher date, voucher number range, vendor, etc.). (M) d. Ability to "download" results of reports to PC-based database application such as MS Access or Excel. (M) e. Ability to output results of reports to database file that could be "captured" and electronically transmitted to another system (FTP, etc.). (M) f. "Built-in" functions/features that could be used to perform calculations within the generated financial report. (M) g. "Drill-down" functionality for certain report generators (Example: Cost of Risk Allocation report depicts projected premium amounts for entire County, then drill down to Department level, then drill down to Department entity level, etc.). (H) 5. PRODUCTION REPORTS a. Ability to produce such reports on a hierarchical basis. (H) b. Ability to produce reports on demand. (M) c. Ability to produce reports on "as of' basis. (M) d. Ability to produce reports on a "value as of' basis. (M) e. Ability to produce reports on multiple bases, such as number of claims assigned, number claims "worked", number claims closed, and number claims in open status, etc. (M) PINELLAS COUNTY PURCHASING RFP - SERVICES REVISED: 06/08/04 Agenda Item ~71ée~3 June 28, 2005 Page 70 of 83 Item Code Definitions: (M)-Mandatory, (H)-Highly Desired, (D)-Desired f. Ability to "sub-string" fields in order to generate reports, such as on basis of first letter of claimant's last name, or similar. (M) g. Ability to produce reports for multiple years' activity. (M) h. Ability to generate "claim abstract" reports on the basis of a variety of selection criteria and report output criteria. (M) 6. RESPONSE TO INQUIRIES a. Development of a set of "pre-defined" reports that can be used to respond to frequently submitted inquiries. (D) b. Ability to output results of inquiry reports to format best suited for submission of response to recipient: i.e., paper, electronic file attached to e-mail, electronic fax, FTP, or other EDI format. (M) c. Ability to "post" results of inquiry report on secured web site, resulting in interested and authorized entities have access to report results. (H) 7. SAFETY/LOSS CONTROL REPORTS a. Ability to produce reports "on demand." (M) b. Library of generic, commonly used reports, as defined by Department, that may be executed on a "one-click" or "one-click and simple data entry" basis. (H) c. Must have an "ad hoc" query writing capacity/capability with ability to query on any/all data elements stored in system. (M) d. Ability to run reports on an "As of' specified point in time basis. (M) e. Must have a history component in the database to allow "as of queries and the ability to combine "history" and "current" data files to obtain one consolidated report. (M) f. Graphing & charting capabilities, with multiple types of graphs/charts to select from, with ability to "switch" from one type of graph/chart to another so that user can choose the most favorable as a final selection. (H) g. Ability to download into Microsoft Office Products (Excel, Access, etc.) and/or other database applications. (M) h. Ability to produce reports on a "summary" or "detail" basis. (M) i. Ability to output results of report to electronic file suitable for downloading to other application, attaching to e-mail for transmission or electronic file. (M) j. Security measures incorporated such that ability to develop, generate, or run certain reports can be restricted or limited to specified data or ranges of data for certain users in accordance with specifications prescribed by the Department. (M) k. Ability to produce reports on a hierarchical basis, such as on a budget entity level/sub-level basis, with the built-in ability to "drill down" or "drill up" through such hierarchy. (M) I. Ability to develop and save certain report writers such that they can be run on a periodic basis with automatic updates of the report results. (M) 8. LEGAL INFORMATION REPORTS a. Ability to identify/isolate "litigated" claims. (M) b. Ability to select on legal claims on basis of multiple selection criteria such as defense attorney, claimant attorney, court of jurisdiction, legal action status (pending, in trial, resolved, etc.), outcome of litigation (settled, plaintiff award, defense award, appealed, etc.) and/or on affiliated dates (date to legal, trial date, assignment to defense counsel date, legal advertisement date, settlement date, review/evaluation date, etc.). (M) c. Ability to execute reports of legal claim assignments to defense attorney firms for the purpose of determining the number of claims assigned to specified firm(s), amount paid to firm(s), number of "active" claims, and/or other information related to the assignment of a legal claim to an attorney firm. (M) d. Automated production of reports to adjuster/supervisor personnel when claim reaches certain pre- defined legal status such as plaintiff/defense attorney payment exceeds defined limit, or other such status as defined by the Risk (D) Customized report production, based on standards prescribed by Risk, to facilitate selection of defense attorney firm to which a newly litigated claim is to be assigned. (M) PINELLAS COUNTY PURCHASING RFP - SERVICES REVISED: 06/08/04 Agenda Item ~~ 1â~3 June 28, 2005 Page 71 of 83 Item Code Definitions: (M)-Mandatory, (H)-Highly Desired, (D)-Desired 9. REPORTS MANDATED BY STATUTE a. Automated production of reports that must be generated and transmitted to outside entities, including, but not limited to "DWC" required reports on Workers' Compensation claims. (M) b. Ability to electronically transmit and submit such mandated reports in compliance with the Electronic Data Interchange (EDI) standards as prescribed by the Division of Workers' Compensation. (M) Please see the website at the following address: http://www.fIdfs.com/wc/edi.htmlfor more information concerning the EDI standards. 10. PROCESSING PAYMENTS a. Security measures incorporated to restrict ability to generate payable/payment records to only authorized personnel. (M) b. Full integration of payment processing application with existing County systems. (M) c. Automated updating of all files/tables impacted by processing of a payable/payment request. (M) d. Ability to reject a payment request without processing into a payment, identify the reason for such rejection, and notify the person submitting the request of this rejection and the reason for it. (H) e. Ability to edit and modify any/all data elements in a payable/payment record for the purpose of correcting erroneous records. (M) f. Ability to produce Workers' Compensation indemnity payments of a recurrent/period nature on an automated basis. (M) This sub-routine must provide for the following attributes at a minimum: 1. Entry of claimant name and address information 2. Entry of date of disability/indemnity payment start date 3. Entry of Average Weekly Wage (AWN) amount 4. Entry of payment interval(s) i.e., weekly, every 14 days, etc. 5. Formula(s) to calculate payment amount based on AVNV and "percentage rates" and/or other criteria as specified by the County. g. Ability to modify payment amount by any statutorily mandated "offsets" or other factors that may influence such amount. (Example: Social Security offset) m. Restrict ability to modify such formula(s) as required by changes in law, rule or other factors. n. Restrict ability to modify elements of a given automated indemnity payment record as required. o. Ability to produce an "indemnity payment forecast report" for the purpose of reviewing potential automated indemnity payments for accuracy prior to issuance of the check(s). p. Ability to "start" and "stop" generation of automated indemnity payments as business needs dictate. q. Ability incorporate the use of information received on UB92 and HCFA 1500 billing forms and also should be capable of processing additional formats as deemed necessary by applicable regulatory agencies. r. Ability to enable batch print of Explanation of Benefits (EOB's) as well as interfacing with voucher processing function. s. Ability to reprice bills according to appropriate discounts, either state mandated schedules, fee for service, preferred provider organization schedules, rate reductions due to subrogation recovery and maximum medical improvement, usual and customary rates, ambulatory surgical rates, or negotiated rates. t. Ability to track savings resulting from medical bill repricing function. u. Ability to validate against treatment protocols to adjust payments by ICD-9 diagnosis codes. v. Ability to receive and transmit medical invoices electronically from providers and in compliance with state mandated submissions. 11. POLICY MANAGEMENT a. Ability to designate policies within specific lines of business for particular departments. b. Ability to define inception and expiration dates of policies c. Ability to differentiate between occurrence and claims made policies. d. Ability to differentiate between claims and incident policies. e. Ability to retain multiple unlimited sequences of policy coverage dates. PINELLAS COUNTY PURCHASING RFP - SERVICES REVISED: 06/08/04 Item Code Definitions: (M)-Mandatory, (H)-Highly Desired, (D)-Desired Agenda Item ~~ 15~t:f3 June 28, 2005 Page 72 of 83 f. Ability to define policy numbers and financial categories associated with the policy. g. Ability to capture both the policy amount and the self-insured retention amount. h. Ability to allow for entry of limits to total incurred costs for individual claims covered under a policy. 12. SYSTEM READINESS a. The system/application must be available on a 24 x 7 basis. (M) b. Maintenance, upgrade or other downtime must be conducted on a scheduled basis, with timely notification, and, to the extent possible, conducted during non-business hours. (M) c. Response times for system transactions meet the guidelines as specified. (M) d. Changes in system requirements necessary to accommodate changes in the County's business operations must be provided for in timely manner and, to the extent possible, with minimal interruption of current processes. (M) 13. PERIODIC MODIFICATIONS a. Respondent must periodically modify any or all system components. (M) b. Respondent will modify any components to maintain a functional level of integration with any other affiliated/integrated system. Affiliated specifically electronic data interface with State of Florida and Fee Schedule downloads for Bill Review Systems. Including all applicable County systems. (M) c. Any costs of such modifications must be included in the overall pricing of the system unless the County unilaterally decides on a system change that results in the necessity to make the modification. (M) 14. INTEGRATION WITH OTHER SYSTEMS/PROGRAMS a. Provided system must be capable of integrating with multiple other systems, of various types and configurations. (M) b. Respondent will work with County to make the integration of the CAS with other affiliated specifically electronic data interface with State of Florida and Fee Schedule downloads for Bill Review Systems as "seamless" as possible. (M) c. Except as it may violate "trade secret" regulations, Respondent will be expected to disclose system information to the County so as to provide for the most effective integration of system functions and components. (M) 15. CUSTOMIZATION OF DATA ENTRY, REPORTING, AND/OR MODIFICATION SCREENS a. Ability to "customize" screen displays seen when executing system functions. (H) b. Customization of screen displays must be provided for on the basis of standards prescribed by the County, coverage line, geographic region, or other standard. (H) c. Ability to effect such customizations of screen displays and to change such display(s) as business operations changes dictate must be granted to System Administrator personnel within the County. Such personnel must be trained as required so that the County can effect required changes independent of service provider. (M) d. System administrator rights and abilities must be granted to create and define additional data element fields as required to meet changing business requirements. (M) 16. "AD-HOC" REPORT GENERATION CAPABILITIES a. The provided system must include an "ad hoc" report generation component that can be employed to query on and report on any data element housed in the system. (M) b. Preference will be given to providers demonstrating a report generation system component with "claim processing industry standard" functions and functionalities already programmed into the component such as to make it more "user friendly" to develop required reports that can be executed on an automated basis. (D) c. Report generation component must support a multitude of report output formats such as: on paper, as database file, as set of transmission records, etc. (M) d. Must be capable of generating "downloadable" report output files. (M) PINELLAS COUNTY PURCHASING RFP - SERVICES REVISED: 06/08/04 Agenda Item ~~1ê~3 June 28, 2005 Page 73 of 83 Item Code Definitions: (M)-Mandatory, (H)-Highly Desired, (D)-Desired 17. SECURITY a. Data Entry 1. Data entry functions restricted to specified personnel, based on criteria dictated by the County. (M) 2. All data entered in fields wherein the valid values are pre-defined are validated against the list of allowed data entries. (M) b. Data Modification 1. Data modification functions restricted to specified personnel, based on criteria dictated by the County. (M) 18. RESERVE/PAYMENT LIMITS a. Ability to set reserve amounts or request payments is restricted or otherwise limited to the amounts determined by the County on basis of adjuster level, coverage type, or other standards established by the County. (M) b. Limitation of reserve or payment amounts is established on a hierarchical basis. (H) c. Ability/authority to establish and modify reserve or payment limits is given to system administrator personnel only. (M) d. "Flags" built into system to advise supervisory personnel when a claim exceeds pre-defined limits or when an adjuster's authority is compromised. (H) 19. ACCESS TO DATA a. Ability to restrict access to certain data files, tables, sub-sets, or individual records within a file/table to only specified personnel based on criteria defined by the County. (M) b. Notification of attempts to access data by unauthorized personnel submitted to system administrator and/or managerial personnel. (H) c. Functionality built into system to prevent unauthorized access to database or other aspects of the application by "hackers" (no "back door" access). (M) d. Ability to "authorize" or "un-authorize" personnel, both internal employees to access database files/tables given to system administrator personnel. (M) e. Data access restrictions applicable to all appropriate database files/tables, including "live" database as well as any/all backup locations. (M) f. Internet Web enabled components of the system use SSL or another industry standard to encrypt any sensitive data captured and/or displayed on the web site. (M) g. Satisfaction of all data access/protection requirements within the federally mandated HIPPA standards. 20. ACCESS TO SYSTEM a. Ability to restrict access to entire system to only specified personnel based on criteria defined by the County. (M) b. Notification of attempts to access system by unauthorized personnel submitted to system administrator and/or managerial personnel. (H) c. Functionality built into system to prevent unauthorized access to system or other aspects of the application by "hackers" (no "back door" access). (M) d. Ability to "authorize" or "un-authorize" personnel to access system given to system administrator personnel. (M) 21. SYSTEM DOCUMENTATION a. System File Definitions (exist in a manner that allows the County to view and print from the system). (M) b. Layout design mappings of file name, fields defined, and characteristics such as length and type. (M) c. Rules associated with fields such as valid code entries and relationship to one another. (M) PINELLAS COUNTY PURCHASING RFP - SERVICES REVISED: 06/08/04 Agenda Item ~!31!3e423 June 28, 2005 Page 74 of 83 APPENDIX B Technology Framework 1. The County currently employs an IBM AIX processing platform for it's primary application and database hosting requirements. LlNUX is supported on the County's Enterprise server (IBM Mainframe). Intel based servers provide the County's messaging requirements and Microsoft Exchange is the messaging component. Intel servers also support all Internet deployment with the appropriate firewalls in place. All systems are effectively networked and intersystem accessibility (behind the firewall) is seamless to the user community. 2. The County's Information Technology Plan incorporates an Enterprise data model and includes a technology framework that utilizes Oracle as its primary foundation. The plan limits technological diversity by adopting commercially available product suites. It also dictates that all technological solutions are to be seamlessly integrated at the application level through standard APls and directly compatible with the Oracle database. All new and/or proposed IT solutions are evaluated for compliance with these goals in mind. Compliance, at the database level, is defined as data that is stored in a "normalized" fashion and native to the Oracle database. Redundancy in data, systems, application, or function is limited and highly discouraged. 3. In addition to the Oracle database, the County also utilizes the entire Oracle Business Suite including but not limited to Financials, Human Resource, Payroll, Projects and Procurement. Other major software currently deployed is Maximo work/asset management and the full suite of Autodesk geospatial products. All geospatial data is stored and maintained in an open GIS compliant format (Oracle Spatial). The proposed solution must leverage these applicable technologies to provide an optimal enterprise solution. 4. The accounts payable and general ledger operating system is VSE utilizing an IBM mainframe SB190, Model 205. 5. The County is diverse in its business objectives and recognizes that there may be unique functional requirements and/or associated technical solutions that cannot meet the County's enterprise standards. In such cases, the proposer must provide the integration and database synchronization tools required to ensure that the solution operates in an enterprise/normalized manner. Intersystem communication and batch updates should be transparent to the user and automated to the degree that they do not become a significant maintenance/support obligation. PINELLAS COUNTY PURCHASING RFP - SERVICES REVISED: 06/08/04 EVALUATION CRITERIA: Agenda Item ~!'! fê~3 June 28,2005 Page 75 of 83 1. The Provider's proposed methodology of performing tasks specified herein. 450 points 2. The Provider's experience in performing similar tasks for other entities. The term "experience" in this sentence includes but is not limited to the following factors: number of years in existence as a business entity, performance of tasks similar to the requested products and services in this RFP, and number of equivalent size and complexity of clients. 400 points 3. The Provider's proposed cost to provide requested products or services. 150 points Percentages will be awarded according to the quality of the response with respect to each criterion: 0% 10% - 30% 40% - 60% 70% - 90% 100% Unresponsive to the requirements of the section. Does not meet current service level or requirements of the section. Partially meets requirements of the section. Fully responsive to the requirements of the section. Exceed all requirements of the section. PINELLAS COUNTY PURCHASING RFP - SERVICES REVISED: 06/08/04 Agenda Item ~~~eI123 June 28, 2005 Page 76 of 83 SECTION F -INSTRUCTIONS FOR SUBMlmNG PROPOSALS RISK MANAGEMENT SOFTWARE COMPUTER SYSTEM 034-770-P (DM) All proposals shall be signed in ink by authorized principals of the firm. Proposals are to be submitted in a sealed envelope. The face of the envelope shall indicate the RFP. Number, name, and address of the firm, and title of the proposal. Proposals are to be submitted to Pinellas County Purchasing Department, 400 S. Ft. Harrison Avenue, 6th Floor, Clearwater, FL 33756 by the date and time indicated on the cover sheet. Proposals shall be submitted in one (1) original and seven (7) copies. VENDOR NAME: VENDOR ADDRESS: TELEPHONE: FAX: EMAIL ADDRESS: * REQUIRED ENTRY I hereby agree to abide by all conditions of this Request for Proposal and certify that I am authorized to sign this proposal for the proposer. AUTHORIZED SIGNATURE: NAME & TITLE (print): PINELLAS COUNTY PURCHASING RFP - SERVICES REVISED: 06/08/04 SECTION G - ADDENDUM ACKNOWLEDGMENT FORM Agenda Item ~~~1!:~3 June 28, 2005 Page 77 of 83 I RISK MANAGEMENT SOFTWARE COMPUTER SYSTEM 034-770-P (DM) PLEASE ACKNOWLEDGE RECEIPT OF ADDENDA FOR THIS ITB/RFP BY SIGNING AND DATING BELOW: ADDENDUM NO. SIGNA TURElPRINTED NAME DATE RECEIVED - Note: Prior to submitting the response to this solicitation, it is the responsibility of the firm submitting a response to confirm if any addenda have been issued. If such document(s) has been issued, acknowledge receipt by signature and date in section above. Failure to do so may result in being considered non- responsive or result in lowering the rating of a firm's proposal. Information regarding Addenda issued is available on the Purchasing Department section of the County's website at, www.pinellascountv.orQ/purchase, listed under category 'Bid Schedule'. PINELLAS COUNTY PURCHASING RFP - SERVICES REVISED: 06108104 Agenda Item ~~ ~e423 June 28, 2005 Page 78 of 83 SECTION H - NO BID STATEMENT NOTE: If you do not intend to submit a proposal on this requirement, please return this form immediately. Thank you. [Pinellas County Purchasing Department 400 South Fort Harrison Avenue, 6th Floor Clearwater, Florida 33756] We, the undersigned have declined to submit a proposal for No. 034-770-P (DM) RISK MANAGEMENT SOFTWARE COMPUTER SYSTEM 8 Specifications too "tight", i.e., geared toward one brand or manufacturer only (explain below). 8 Insufficient time to respond to the Request for Proposal. 8 We do not offer this product or service. 8 Our schedule would not permit us to perform. 8 Unable to meet specifications. 8 Unable to meet Bond requirement. 8 Specifications unclear (explain below). 8 Unable to Meet Insurance Requirements 8 Remove Us from Your "Notification List" Altogether 8 Other (specify below). REMARKS: We understand that if the "No Proposal" letter is not executed and returned our name may be deleted from the Notification List of Pinellas County. COMPANY NAME: SIGNATURE: TELEPHONE: DATE: PINELLAS COUNTY PURCHASING RFP - SERVICES REVISED: 06/08/04 Agenda Item ~!3 ~e~3 June 28, 2005 Page 79 of 83 AGREEMENT THIS AGREEMENT, made and entered into this _ day of , 2004, by and between PINELLAS COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County", represented by its Board of County Commissioners, and hereinafter referred to as the "Contractor", WITNESSETH: WHEREAS, County has previously determined that it has a need for A RISK MANAGEMENT SOFTWARE COMPUTER SYSTEM; and WHEREAS, County, after soliciting competitive proposals for such services pursuant to Pinellas County Request for Proposal, RFP No, 034-770-P (hereinafter Request for Proposal or RFP). C'Junty has awarded this contract to Contractor; and WHEREAS, Contractor has represented that it is able to satisfactorily provide the services according to the terms and conditions of the Request for Proposal, which are incorporated herein by reference, and the terms and conditions contained herein; and NOW THEREFORE, in consideration of the above and mutual covenants contained herein, the parties agree as follows: 1. Services to be Performed. The Contractor hereby agrees to provide the County with A RISK MANAGEMENT SOFTWARE COMPUTER SYSTEM, as requested and more specifically outlined in the Request for Proposal, this Agreement and all subsequent official documents that form the Contract Documents for this Agreement. 2. Time of Service. Services shall be performed In a timely manner, as specified In the Request for Proposal. 3. Term of AareementlODtion of Renewal. Services performed pursuant to this Contract shall commence upon execution of this agreement and continue as necessary to perform and complete all the work required. 4. Amendment of the Contract. This Contract may be amended only by mutual written agreement of the parties, F:\USERS\AlTY\Atykb491WPOOCS\PurchasinglRisk Suftware Agreement.doc Last printed 712112004 9:55 AM -1- PINELLAS COUNTY PURCHASING RFP - SERVICES REVISED: 06/08/04 Agenda Item ~~ ¥ßEt:¡.23 June 28, 2005 Page 80 of 83 5. AssianmentlSubcontractin9. The Contractor shall per10rm this contract. No assignment or subcontracting shall be allowed without the prior written consent of the County. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the County within thirty (30) business days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the County, shall include, but not be limited to, instances in which a corporate acquisition and/or me·rger represent a conflict of interest or are contrary to any local, state or federal laws. Action by the County awarding a proposal to a proposer, which has disclosed its intent to assign or subcontract in its ,esponse to the RFP, without exception shall constitute approval for purposes of this Agreement. 6. Cancellation. Pinellas County reserves the right to cancel this Contract, without cause, by giving thirty (30) days prior written notice to the Contractor of the intention to cancel, or with caU$e if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified. Failure of the Contractor to comply with any of the provisions of this contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of Pinellas County. In addition to all other legal remedies available to County, County reseNes the right to cancel and obtain from another source any services which have not been provided within the period of time stated in the proposal, or if no such time is stated, within a reasonable period of time from the date of order or request, as determined by County. In addition, in the event that sufficient budgeted funds are not available for a new fiscal period, the County shall notify the Contractor of such occurrence and the Contract shall terminate on the last day of the then current fiscal period without penalty or expense to the County. 7. Compensation. As compensation for the Contractor providing seNices to the Count:1 as described herein, the County shall pay the Contractor in arrears, based on the submission of invoices for work done. All payments shall be made in accordance with the Florida Prompt Payment Act, Fla. Stat. § 218.70, ~.~. 8. Permits/licenses. Contractor must secure and maintain any and all permits and licenses required to complete this contract. F:\USERS\ATrYlAtykb49\WPDOCSlPutcll..inglRisk Softwan: Agreement.doc Last printed 7f21f2004 9:55 AM , -.- PINELLAS COUNTY PURCHASING RFP - SERVICES REVISED: 06/08/04 Agenda Item ~~ '¥êe~3 June 28, 2005 Page 81 of 83 9. &!Qll. The Contractor shall retain all records relating to this contract for a period of nt least three (3) years after final payment is made. All records shall be kept in such a way as will permit their inspection pursuant to Chapter 119, Florida Statutes. In addition, Pinellas County reserves the right to audit such records pursuant to Pinellas County Code, Chapter 2. 10. Minimum Insurance Reauirements. The Contractor must maintain insurance in at le,ast the amounts required in the Request for Proposal throughout the term of this contract. The contractor must provide a Certificate of Insurance in accordance with Insurance Requirements, Section D of the Request for Proposal, evidencing such coverage prior to issuance of a purchase order or commenceme '1,t of any work under this Contract 11. Indemnification. Contractor shall indemnify, pay the cost of defense, including attorneys' fees, and hold harmless the County from all suits, actions or claims of any character brought on account of any injuries or damages received or sustained by any person, persons or property by or from the said Contractor; or by, or in consequence of any neglect in safeguarding the work; or by the use of unacceptable materials in the construction of improvements; or by or on account of any act or omission, neglect or misconduct of the said Contractor; or by, or on account of, any claim or amounts recovered under the 'Workers' Compensation Law" or of any other laws, by-laws, ordinance, order or decree, except only such injury or damage as shall have been occasioned by the sole negligence of the County. The first ten dollars ($10.00) of compensation received by the Contractor represents specific consideration for this indemnification obligation. 12. Govemina Law. The laws of the State of Florida shall govem this Agreement. 13. Independent Contractor Status and Compliance with the Immiaratlon Reform and C:ontrol Act of 1986. The Contractor is and shall remain an independent contractor and is neither agent, employee, partner, nor joint venturer of County. Contractor acknowledges that It is responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 located at 8 U.S.C. 1324, m· ~., and regulations relating thereto, as either may be amended from time to time. Failure to comply with the above provisions shall be considered a material breach and shall be grounds for immediate termination of the Contract, at the discretion of Pinellas County. 14. Severabilitv. The terms and conditions otthis agreement shall be deemed to be severable. Consequently, if any clause, term, or condition hereof shall be held to be illegal or void, such F:IUSERS\ATrYlAtykb49IWPDOCS\rurchosinglRlsk Suftworc Agreement.doc Lost printed 7121/2004 9:55 AM -3- PINELLAS COUNTY PURCHASING RFP - SERVICES REVISED: 06/08/04 Agenda Item ~~f6~3 June 28, 2005 Page 82 of 83 determination shall not affect the validity or legality of the remaining terms and conditions, and notwithstanding any such determination, this agreement shall continue in full force and effect unless the particular clause, term, or condition held to be illegal or void renders the balance of the agreement impossible to perform. 15. Documents ComDrisinQ Contract. The Contract shall include this Agreement for A RISK MANAGEMENT SOF1WARE COMPUTER SYSTEM, as well as the following documents, which are incorporated herein by reference. a. Pinellas County's Request for Proposal and all of its addenda and attachments issued on ,2004; b. Contractor's Certificate of Insurance required under Section D of the Request for Proposal; c. Contractor's Proposal. If there is a conflict between the terms of this Agreement and the above referenced documents, then the conflict shall be resolved as follows: the terms of this Agreement shall prevail over the other documents, and the terms of the remaining documents shall be given preference in their above fisted order. F:\USERS\\TTY\Atykb49\WPDOCS\Purchasing\Risk Software Agn:cmcllt.doc Last printed 712112CJm 9:55 AM -4- PINELLAS COUNTY PURCHASING RFP - SERVICES REVISED: 06/08/04 Agenda Item ~~fêe~3 June 28, 2005 Page 83 of 83 IN WITNESS WHEREOF the parties herein have executed this Agreement for A RISK MANAGEMENT SOFTWARE COMPUTER SYSTEM pursuant to RFP No. 034-770-P as of the day and year first written above. PINELLAS COUNTY, FLORIDA by and through its Board of County Commissioners CONTRACTOR President (Signature) Chairperson President (Printed Name) ATTEST: KARLEENF.DeBLAKER By: Deputy Clerk [Corporate Seal] APPROVED AS TO FORM SUBJECT TO PROPER EXECUTION: ATTEST: By: (Attesting Witness' name/title) Ø¿LÜ'<&ß¿ ~n Office of the oun Attorney APPROVED AS TO FORM: Office of the County Attorney F:\USERS\AlTY\Atyl:b49\WPDOCS\l'urchosing\Risk Softwdre Agreelnent.doc Last printed 71211201» 9:55 AM - 5- PINELLAS COUNTY PURCHASING RFP - SERVICES REVISED: 06/08/04 Agenda Item No. 16E5 June 28, 2005 Page 1 of 9 EXECUTIVE SUMMARY Approve Contract Amendment No. 1 involving Contract #02·3371, "Fixed Term Professional Transportation Planning Consultant Services" OBJECTIVE: To obtain the Board of County Commissioner's approval of a contract amendment. CONSIDERATIONS: Collier County is presently under contract with several consulting firms covering different annual agreements for professional services. These agreements are periodically amended to correct or to darify contract conditions or allow adjustments to fee schedules. The firms represented under this Contract are as follows: Kimley Horn and Associates, Inc. PBS & J CH2M Hill, Inc. TBE Group David Plummer & Associates. Inc. These contract prices are based on standard fee schedules which have not been updated for several years. Accordingly, staff is recommending that the rate schedules for each contract be adjusted as shown in the enclosed amendments. FISCAL IMPACT: Funds are budgeted in each using department's respective cost center as needed to meet the 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 the contract amendment and 2. Authorize the Purchasing/General Services Director to sign the amendments. PREPARED BY: Brenda Brilhart, Purchasing Agent, Purchasing Department Agenda Item No. 16E5 June 28, 2005 Page 2 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16E5 Approve Contract Amendment NO.1 involving Contract #02·3371, "Fixed Term Professional Transportation Planning Consultant Services". 6/2812005 9:00:00 AM Meeting Date Approved By Brenda Brllhart Purchasing Agent Date Administrative Services Purchasing 6/14/2005 11 :53 AM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 6/14120053:18 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 6114/20055:06 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 6/16/20059:27 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Olfice of Management & Budget 6116/2005 2:45 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office 01 Management & Budget 6/17/20053:16 PM Approved By James V. Mudd County Manager Date ~._--_.~--- ----------- Board of County Commissioners COlmly Manager's Offlca 611912005 2:06 PM .~_.__.__.__._-- - EXHIBIT A-I Contract Amendment No. I Agenda Item No. 16E5 June 28, 2005 Page 3 of 9 #02-3371 "Fixed Term Professional Transportation Planning Consultant Services" This amendment, dated November 19, 2004 to the referenced agreement shall be by and between the parties to the original Agreement, TBE Group. (to be refeITed to as "Consultant") and Collier County, Florida, (to be refeITed to as "Owner"). Statement of Understanding RE: Contract # 02-3371 "Fixed Term Professional Transportation Planning Consultant Services" The Consultant agrees to amend the above referenced Contract as per Schedule, "A-I" attached to this Amendment, and incorporated herein by reference. This amendment shall cover hourly rate increases to the original Collier County Proposed Fee Schedule as submitted with the contract renewal letter dated November 9, 2004.This amendment represents an increase to the Fee Schedule for the renewal tenn of November 19, 2004 through November 18, 2005. 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. CONSULTANT ATIEST: ~~ ~!Wib1es, By: ,'t~.:J.j D .s:..jdü' Dated: ,sjf/2a"4 -eP~~/ TBE Group By: 'E j t>~~ y..J ì'",,,(~ V Title: vP ~ J \ø f4.;Ç Dated: CORPORATE SEAL Approved as to fonn and Legal SUffiCi~' ~ ' ~ OWNER: Robert N. Zac Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Stephen Y. Carnell Director of Purchasing and General Services ""'_"'''IOiJIjI''<I>!iW¡¡¡j~;¡¡':iûIoi<"-,¡j.I''''''''"'"*_'L,.""·",",,,,,,,.,j''·' - - _. -_., 0,-."""'" ,- ~ Agenda Item No. 16E5 June 28, 2005 Page 4 of 9 EA.I:I.I:BlT A-I Contraet Amendm-.t No.1 ~2-3371 "Fh~ Term ProfessionalTl"a11SpOrtatiOD lIamñugCoDBDltaut Serri~ Tbisamc:ndm~ dåtedNovember 1'9. 2004 to the refCte.o.c:ed a¡ieemeat.¥ be 'by an,.d~c:c:a.tb,c partiësto theoxigin¡ù ~ PBW (to be referred. to as, ~taat*') a:ød CoUi~ Cow11;y,Plori~ (to berefer,red to as "Owner"). Stat~ ofVnclerstandb1g. RE~ Contract # 02-3371 "FiXed Tenø. Profëssional Tra.tIS¡)ortaüonPttnDl~gConsultau,t Senica~ The CoDSU1:œnt agtees to.&1X\eIDd ~ above I1:fm::nced COJitract as,per Scbcdu1e "A-I" ~checlto this, ~em"andÏDCœpora1ed herein by reference. ~amendJ:r.\~ sbaJl çqverhourly %$ ~:t() ~,ór'iginalCOJiierCóUøty P:tQpòSèclFee SChedUle 8S!mbm1tted withtM eont.ract' renewal letter dated Novettlber '9. 2004.~ arn~~eát'~ ~: increase to the Fee Sch.edu1ê forth.e reJ:J.eWal tèDn ofN~ 19.,2004 tbroQ.gh Nov~ 18, 2Oq~. .T:hc·Cot1S'ùltam agrêeS that t1ris..~êndstheQrigiDal Co1l'tr8ct All' other terms·· and ,conditions.of· the agreement sh2dI' remain in force.. IN WJ.1;'NESSWlUJ.ŒQF.,the ~ ~the ()wner have ~ rC$peCtìve1y~by anautbörized. person or agent, hereunder. thtiir hands ánd seals on ~ date(s) indicated beIow~ . AnEST: CONSULTANI' Corporate S,ecretarylWitnesS BY~~~< J Dated: A-{ (' .. \ I -=, I 1-0" { Charles D. Nostra Assistant Secretary PBS&I By: III Title: Dated: ~r'" tj I ~o( CORPORATE SEAL Approved as to form and ~~ RobertN. V Assistant County Attorney OWNER: BOARD OF COUN1Y CO:MMISSIONERS COLLIER COUNTY. FLORIDA By: Stephen Y. Carnell Director of Purchasing and General Services --~_. -.. . EXHIBIT A-1 Contract Amendment No.1 Agenda Item No. 16E5 June 28, 2005 Page 5 of 9 #02-3371 "Fixed Term Professional Transportation Planning Consultant Services" This amendment, dated November 19, 2004 to the referenced agreement shall be by and between the parties to the original Agreement, David Plummer & Associates, mc.. (to be referred to as "Consultant") and Collier County, Florida, (to be referred to as "Owner''). Statement of Understanding RE: Contract # 02-3371 "Fixed Term Professional Transportation Planning Consultant Services" The Consultant agrees to amend the above referenced Contract as per Schedule "A-I" attached to this Amendment, and incorporated herein by reference. This amendment shall cover hourly rate increases to the original Collier County Proposed Fee Schedule as submitted with the contract renewal letter dated November 9, 2004.This amendment represents an increase to the Fee Schedule for the renewal term of November 19, 2004 through November 18, 2005. 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. ATrEST: ~. ",,~ - ·~~S.'^'\ Corpo ate Secretary/Witne 1 er & Associates ~¡l~k~. (.{(\ SJ?n;ð.¡- VIGeP('e~,J~ '1/'Z<J I ðr::' By: S'\-c"~"\G- S .'v.J~"J~-\- Dated: ~ ~o 105 By: Title: Dated: CORPORATE SEAL Approved as to form and ÙZ3:~~ Ro ert . Z ary Assistant County Attorney OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Stephen Y. Carnell Director of Purchasing and General Services ;- -- EXHIBIT A-l Contract Amendment No.1 Agenda Item No. 16E5 June 28, 2005 Page 6 of 9 I' #02-3371 "Fixed TennProfessional Transportation Planning Consultant Services" This amendment, dated November 19, 2004 to the referenced agreement shall be by and between the parties to the original Agreement, CH2M Hill, mc.. (to be referred to as "Consultant") and Collier County, Florida, (to be referred to as "Owner'l Statement of Understanding RE: Contract # 02-3371 "Fixed Term Professional Transportation PIaDDing Consultant Services" The Consultant agrees to amend the above referenced Contract as per Schedule "A-I" attached to this Amendment, and incorporated herein by reference. This amendment shall cover hourly rate increases to the origiDal Collier County Proposed Fee Schedule as submitted with the contract renewal letter dated November 9, 2004.This amendment ·represents an increase to the Fee Schedule for the renewal term of November 19, 2004 through November 18, 2005. The Consultant agrees that this amends the original Con1ract. 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. CONSULTANT ATTEST: ~ÞL ' ~... ~~ ~~ tJA"Çt. Corporate Secretary/Witness CH2M Hill, Inc. By: S, W~ HcI!rtw e-By: ¡l?e/.s.s E Lt... Y:" ~ w¿,.J Dated: Lf (~lo.5 Title: ~ c:!.. P"-ê- t , Þ £-1;- ~/2-dlo:;- Dated: CORPORATE SEAL Approved as to form and LegaI~ .// Robert N. Zac Assistant County Attorney OWNER: BOARD OF COUÑTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: - ( Stephen Y. Carnell Director of Purchasing and General Services EXHIBIT A-l Contract Amendment No.1 Agenda Item No. 16E5 June 28, 2005 Page 7 of 9 /,' #02-3371 "Fixed Term Professional Transportation Planning Consultant Services" This amendment, dated November 19, 2004 to the referenced agreement shall be by and between the parties to the original Agreement, Kimley-Hom and Associates, Inc.. (to be refeITed to as "Consultant") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 02-3371 "FIXed Term Professional Transportation Planning Consuhant Services" The Consultant agrees to amend the above referenced Contract as per Schedule "A-I" attached to this Amendmem, and incorporated herein by reference. This amendment shall cover hourly rate increases to the original Collier County Proposed Fee Schedule as submitted with the contract renewal letter dated November 9, 2004.This amendment represents an increase to the Fee Schedule for the renewal term of November 19, 2004 through November 18, 2005. The Consultant agrees that this amends the original Contract. AIl 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, here\mder set their hands and seals on the date(s) indicated below. A1TEST: ])~ C~8eh- .Vlœ Pt2:l;iSIO~ t. Ivl I" cç Ci7IV(fTõPfIt:'ß HA1'7dN Corporate SecretarylWitness By: a---~ ~ ~ Dated: ~/2.' / (J.J r , By: Title: Dated: CORPORATE SEAL Approved as to fOIm and Le~ ~ ~ OWNER: Robert N. Zac Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Stephen. Y. Carnell Director of Purchasing and General Services z ~ I· Agenda Item No. 16E5 June 28, 2005 Page 8 of 9 SCHEDULE A -1 Collier County Standard Fee Schedule Contract 02-3371 "Fixed Term Professional Transportation Planning Consultants" CONSULTANTS EMPLOYEE HOURLY RATE SCHEDULE Title Rate Per Hour Principal $ 150.00 Project Manager $ 125.00 Senior Engineer $ 100.00 Engineer $ 90.00 Planner $ 90.00 Technician $ 65.00 ( Administrative Assistant $ 45.00 Clerical $ 45.00 This list is not intended to be all-inclusive. The County and firm on a project-by-project basis, as needed, shall mutually negotiate hourly rate fees for other categories of professional, support and other services. END OF SCHEDULE A-1 r · , Agenda Item No, 16E5 June 28, 2005 Page, 9 of 9 SCHEDULE A SCHEDULE A Collier County Standard Fee Schedule RFP 02-3371 "Fixed Term Professional Transportation Planning Consulting Services" Professional Credentials Principal P.E. $150.00Ihr Project Manager P.E. $100.00/hr $100.00/hr $90.00/hr $55.00/hr $45.00/hr Senior Planner/Engineer A.I.C.P. or P.E. Planner/Engineer A.I.e.p. or P.E. Senior Technician Technician SUDDOrt Administrative Assistant, Secretary $45.00/hr $35.00/hr Clerical, other support This list is not intended to be all-inclusive. The County and firm on a project-by-project basis as needed shall mutually negotiate hourly rate fees for other categories of professional, support and other services. END OF SCHEDULE A -22- Agenda Item No. 16E6 June 28,2005 Page 1 of 9 EXECUTIVE SUMMARY Recommendation to award RFP No. 05-3795- "Enterprise Content Management Strategy" and proceed with Phase 1 "Analysis" in the amount of $95,000.00. OBJECTIVE: To obtain consulting services to conduct needs analyses, study feasibility and identify inventory strategies to assist in evaluating the viability of implementing an Enterprise Content Management System for agency-wide document and records management, document imaging, workflow, web content and document collaboration that supports County policies, procedures and practices for managing documents and content from creation through disposal. CONSIDERATIONS: With the explosion of documents, content, and data within our agency, it is a major challenge to integrate structured and unstructured information. Everyone today is awash in information- both knowledge workers and organizations. According to International Data Corporation (I DC) Research, 15% to 30% of an employee's time is spent searching for information, and they find it only 50% of the time. There is a "knowledge work deficif that reflects the costs of recreating information that already exists but cannot be found and of wasted time in failed searches for information. This equates to a loss of $12 million a year because workers recreate existing information and $6 million because of time wasted in failed searches for an organization with 1,000 knowledge employees. Our agency is not shielded from this "knowledge work deficit" and taking charge of our agency content by developing technology strategies for capturing, managing, storing, preserving and delivering content and documents aligned with organizational processes is a key step toward improving productivity, meeting compliance mandates, and leveraging information assets in support of improving services to the public. Enterprise Content Management (ECM) has emerged as a key success factor in aligning Business needs and processes with core IT architectures and standards. It is essentially an integrated system that manages content and documents (whether created in electronic or hard copy format) from creation or receipt through destruction when no longer required in accordance with State laws. ECM provides powerful search capabilities; automatically catalogs content and documents into State approved retention schedules for easy access and destruction schedules: routes content and documents through established approval processes; and stores and archives content and documents. ECM has the potential to yield considerable savings in staff time producing, managing and searching for records, as well as offsetting the cost of offsite storage and archiving. On February 7, 2005, a notice of a Request for Proposals was posted in the lobby of the Purchasing Department and distributed to 42 firms. Proposals were due on March 4,2005, with 4 firms submitting proposals of which 3 met compliance guidelines. A Selection Committee meeting was held on March 10, 2005. The Selection Committee recommended award of the RFP to Doculabs, Inc. (' Agenda Item No. 16E6 June 28, 2005 Page 2 of 9 FISCAL IMPACT: A contingency of $10,000 is being added to the $95,000 for a Phase 1 "Analysis" project total of $105,000. The project consists of 3 phases with Phase 1 starting in September of FY05 and lasting 14 weeks. At the end of Phase 1, a "Go, No Go Decision" will be made determining whether to proceed to the next phase in the project. On a "GO" decision requests for funding to complete Phases 2 & 3 will be requested and if approved the fixed project fees will total $180,000. A budget amendment is required to move $80,000 from the Electronic Agenda project 500101 to the ECM project 500421. The remaining funds of $25,000 to meet the $105,000 total will become available on October 1, 2005. GROWTH MANAGEMENT IMPACT: There is no growth management impact. STAFF RECOMMENDATION: That the Board award RFP 05-3795- "Enterprise Content Management Strategy" to Doculabs, Inc., authorize the Chairman to sign the County Attorney approved contract and approve the necessary budget amendment. PREPARED BY: Robert Sanders- Applications Analyst Information Technology Department Agenda Item No, 16E!¡ June 28, 2005 Page 3 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16E6 Recommendation 10 award RFP No. 05-3795- "Enterprise Contenl Management Slralegy" and proceed with Phase 1 "Analysis" in the amount of $95,000.00. 6/2812005 9:00:00 AM Meeting Date Prepared By Date Robert Sanders Applications Analyst 5/612005 2:33:02 PM Administrative Services Information Technology Approved By Scott Johnson Purchasing Agent Date Administrative Services Purchasing 6/15/20053:08 PM Approved By Tammy Smith Business Applications Manager Date Administrative Services Information Technology 6115/20054:08 PM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 6/16/200511:38 AM Approved By Steve Carnell Purchasing/General Svcs Dintctor Date Administrative Services Purchasing 6/16/200511:48 AM Approved By Barry Axelrod Information Technology Director Date Administrative Services Information Technology 6/16/200512:01 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin, 6116/200512:23 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Olllce Office of Management & Budget 8/16/2005 2: 09 PM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 6/17/20052:06 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office at Menagement & Budget 6/2012005 12:07 PM Approved By James V. Mudd County Manager Dat.e Board of Counly Commissioners County Manager's Office 6/20/2005 12:43 PM Agenda Item No. 16E6 June 28, 2005 Page 4 of 9 AGREEMENT No. 05-3795, "Enterprise Content Management Strategy" THIS AGREEMENT, made and entered into on this _ day of May, 2005, by and between Doculabs, Inc., hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WIT N E SSE T H: 1. COMMENCEMENT. The Contractor shall commence the work following, execution of this Agreement and upon issuance of Notice to Proceed from the Administrative Services Administrator or their assigned designee as specified in Section 2, "Statement of Work". 2. STATEMENT OF WORK. The Contractor shall provide professional consulting services for Collier County as required and mutually agreed upon by the Administrative Services Administrator or their assigned designee and Contractor. Any changes to the Work shall be made in the form of a written Change Order signed by the Administrative Services Administrator or their assigned designee and Contractor. 3. COMPENSATION. The County shall pay the Contractor for work performed under this Agreement in the amount(s) specified by each Phase, together with the Travel and Reimbursable Expenses as defined in this agreement. Payments shall be made to the Contractor when requested as work progresses; as accepted and approved by the Administrative Services Administrator or their designee, but not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act". 4. TRAVEL AND REIMBURSABLE EXPENSES. Travel expenses shall be reimbursed at the rates as per Section 112.061 Fla. Stats. Reimbursements shall be at the following rates: Milea e Breakfast Lunch Dinner Airfare Rental car Lad' Parkin Taxi or Air art Limousine $0.29 er mile $3.00 $6.00 $12.00 Actual ticket cost Actual rental cost Actual cost of lad . n Actual cost of arkin Actual cost of either taxi or air art limousine Reimbursable items other than travel expenses shall be limited to the following: telephone long-distance charges, fax charges, photocopying charges and postage. Reimbursables will be paid only after Contractor has provided all receipts. Contractor shall be responsible for all other 1 Agenda Item No. 16E6 June 28, 2005 Page 5 of 9 costs and expenses associated with activities and solicitations undertaken pursuant to this Agreement. 5. SCHEDULE. The Contractor agrees to complete the services as required pursuant to this Agreement within the time period as specified by the Notice To Proceed. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed to the Contractor at the following address: Doculabs, Inc. Attn: Lynn E. Fraas Vice-President, Consulting Services and Operations 120 South LaSalle Street Suite 2300 C1úcago,IL 60603 Fax No. 312-433-7795 All notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Director - Purchasing Building 3301 Tamiami Trail East Naples, Florida 34112 Fax No. 239-732-0844 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. - 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or 2 Agenda Item No. 16E6 June 28, 2005 regulation, or of any governmental rule or regulation now in effect or hereafter efùi@~o~ adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should Contractor be found to have failed to perform his services in a manner satisfactory to the County as per the specifications and requirements of this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. D. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. E. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 3 Agenda item No. 16E6 June 28, 2005 13. 13. INDEMNIFICATION. To the maximum extent permitted ~~I~¡qtß law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 13. 14. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Administrative Services Administrator or their assigned designee. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, RFP No. 05-3795 "Enterprise Content Management Strategy", Insurance Certificate, and Fixed Fees for Basic Services "Schedule A". 16. SUBTECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 4 Agenda Item No. 16E6 June 28, 2005 Page 8 of 9 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 and year first above written. ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Fred W. Coyle, Chairman Dated: (SEAL) Doculabs, Inc. By: First Witness Signature Lynn E. Fraas, Vice-President Consulting Services and Operations Type/ print witness name Second Witness Typed signature and title Type/print witness name CORPORATE SEAL (corporations only) Approved as to form and legal sufficiency: Robert N. Zachary Assistant County Attorney 5 SCHEDULE "A" SCHEDULE OF FIXED FEES FOR PHASED SERVICES PHASE I Analysis and Project Plan: $ 95,000.00 PHASE II Design and Development: $125,000.00 PHASE III Enterprise Implementation Strategy: $ 55,000.00 TOTAL PROJECT FEES $275,000.00 Agenda Item No. 16E6 June 28, 2005 Page 9 of 9 6 EXECUTIVE SUMMARY Agenda Item No. 16E7 June 28,2005 Page 1 of 2 Recommendation to extend Contract 00-3090, Indoor Air Quality Services until a new contract is awarded. OBJECTIVE: To maintain service under the existing agreement until a successor contract is awarded. CONSIDERATIONS: Collier County is under contract with Pure Air Control Services for performing indoor air quality testing on an as needed basis. The current agreement was originally due to expire in October, 2004, but was subsequently extended by staff until March 30, 2005 under the authority granted in section XIV.D of the Board's purchasing policy. The extension was issued in anticipation that the competitive selection and execution of a new contract would be completed prior to expiration of the extension period. ,.'-'" Accordingly, an RFP was issued and two proposals were received and evaluated by a staff selectiot:1 committee. The committee recommended to the Board and the Board subsequently rejected the proposals received, which prompted the need for re-soliciting the contract. During the proposal review process, staff issued a second extension letter that inadvertently extended the agreement beyond the time authority for contract extensions granted to staff in the purchasing policy. Subsequently, an order for services totaling $2,232 was issued under the mistaken assumption that the agreement had been properly extended. Staff expects to have the new contracts ready for award by the Board at the July 26th meeting. In order to ensure that the referenced order and any subsequent orders that may be needed prior to the award of the new contract are properly authorized, staff recommends that the Board formally extend the existing agreement. It is recommended that the current agreement be extended until the date of Board approval of the new contract. FISCAL IMPACT: Funds for these services are budgeted by the respective using departments. The Facilities Management Department is the primary user of this agreement in the annual amount of $100,000. GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners extends contract 00-3090 (Indoor Air Quality Services) until a new contract is award. Prepared by: Scott D. Johnson, Purchasing Agent - Agenda Item No. 16E7 June 28. 2005 Page 2 of2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16E7 Recommendation to extend contract 00-3090 (Indoor Air Quality Services) until a new contract is award. Meeting Date 6/26/20059:0000 AM Approved By Scott Johnson Purchasing Agent Date Administrative Services Purchasing 6116/20058:47 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 6116/20059:23 AM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 6116/200510:13 AM Approved By Mike Hauer Acquisition Manager D.t" Administrative Services Purchasing 6/16/200511:42 AM Approved By Steve Carnell PurchaslnglGeneral Svcs Director Date Administrative Services Purchasing 6/16/200511 :46 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office 01 Management & Budget 6/16/20053:20 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Ollice Olllce of Management & Budget 6/17/20059:53 AM Approved By James V. Mudd County Manager Date Board 01 County Conunissioners County Manager's Office 6/17/2005 3: 22 PM Agenda Item No. 16E8 June 23, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve a Third Amendment to Lease Agreement with Arnold Properties, Inc., for the continued use of garage/warehouse space by the Sherifrs Office at a total cost of $36,639.60. OBJECTIVE: To obtain approval to enter into a Third Amendment to Lease Agreement with Arnold Properties, Inc., for the continued use by the Sheriff's Office of 2,000 square feet of garage/warehouse space located at 1100 Commercial Boulevard. The amended lease period is for eighteen months beginning September 1, 2005, and ending March I, 2007. The rental and common area maintenance fee combined will be $24,101.04 for the first twelve months, and $12,538.56 for the final six months, payable in monthly installments of $2,008.42 and $2,089.76, respectively. CONSIDERATIONS: The original lease period was from June 30, 1998, through August 30, 2002. The Board of County Commissioners (Board), at its October 22, 2002 meeting, approved a First Amendment extending the Lease until August 30, 2003. A Second Amendment was approved by the Board at its September 9, 2003 meeting, extending the lease term to September 1,2005. Due to security issues, details regarding the user department's operations cannot be included in this Executive Summary. The Sheriff and his staff are available to meet individually with each Commissioner to answer any questions regarding use of this facility. The Sheriff plans to relocate from this facility at the end of the amended lease period, the exact location of which is undetermined at this time. The attached Third Amendment to Lease Agreement has been reviewed and approved by the County Attorney's Office. FISCAL IMPACT: The total rental and common area maintenance fees of $36,639.60 for the eighteen-month term will be withdrawn from the General Fund (00]). GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. RECOMMENDATION: That the Board approve and authorize its Chairman to execute the attached Third Amendment to Lease Agreement. PREPARED BY: Michael Dowling, Sr. Property Management Specialist, Real Estate Services Agenda Item No. 16E8 June 28, 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16E8 Recommendation to approve a Third Amendment to Lease Agreement with Arnold Properties, Inc., for the continued use of garage/warehouse space by the Sheriff's Office at a total cost of $36,639.60. 6/28/20059:00:00 AM Meeting Date Prepared By Date Michul H. Dowling Property Mal>agemel>t Specialist 612/200510:03:25 AM Administrative Sen/lces FacHîties Management Approved By Skip Camp, C.F.M, FacHîties Management Director Date Administrative Services Facilities Management 6/2/2005 10:23 AM Approved By Charles E. Carrington, Jr., SR/WA Real Estate Sen/lces Manager Date Administrative Services Facilities Management 6/6/2005 2 :30 PM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 6/712005 3:39 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 6/7/20054:25 PM Approved By James V. Mudd Board ot County Commissioners County Manager Date County Manager's Office 6/7120059:54 PM Agenda Item No. 16E8 June ;28, 20Q5 Pa~i!JC(:¡fFg39 THIRD AMENDMENT TO LEASE AGREEMENT TIDS TIllRD AMENDMENT TO LEASE AGREEMENT entered into this _ day of , 2005 at Naples, Collier County. Florida, by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. whose mailing address is 3301 East Tamianú Trail, Naples, Florida 34112, hereinafter referred to as "LESSEE" and ARNOLD PROPERTIES, INC., whose mailing address is 3073 South Horseshoe Drive #118. Naples. Florida 34104, hereinafterreferred to as "LESSOR". WITNESSETH WHEREAS. the Board of County Commissioners of Collier County. Florida and Arnold Properties, Inc. have previously entered into a Lease Agreement dated June 30. 1998, a First Amendment to Lease Agreement dated October 22. 2002 and a Second Amendment to Lease Agreement dated September 9. 2003; WHEREAS, the LESSOR and LESSEE are desirous of amending Article 2 and Article 3 of the Lease Agreement; and NOW THEREFORE, in consideration of the covenants and agreements provided within said Lease Agreement dated June 30. 1998, the First Amendment to Lease Agreement dated October 22, 2002 and the Second Amendment to Lease Agreement dated September 9, 2003, and Ten D,ollars ($10.00) and other valuable consideration. said Lease Agreement is hereby amended as follows: I. The following provision shall be added to Article 2 of the Lease Agreement: This Lease is hereby extended until March 1,2007. hereinafter referred to as "Extended Lease Term", provided LESSEE is not in default of any of the terms of this Lease. 2. The following provision shall be added to Article 3 of the Lease Agreement: The monthly rent, including Common Area Maintenance fees, commencing as of September 1, 2005. shal1 be $2.008.42. On September 1, 2006. the monthly rent shall be increased to $2.089.76 and remain the same until the termination of the Extended Lease Term. 3. Except as expressly provided herein, the Lease Agreement between Collier County and Arnold Properties, Inc. dated June 3D, 1998 remains in full force and effect according to the terms and conditions contained therein. and said terms and conditions are applicable hereto except as expressly provided otherwise herein. The First and Second Amendment to Lease Agreement are hereby cancelled. IN WITNESS WHEREOF, the LESSOR and LESSEE have hereto executed this Third Amendment to Lease Agreement the day and year first above written. AS TO THE LESSEE: ATTEST: DWIGIIT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS. COlliER COUNTY. FLORIDA BY: Deputy Clerk BY: FRED W. COYLE, Chainnan AS TO THE LESSOR: DATED: ARNOLD PROPERTIES, INC. BY: MICHAEL JEPPESEN. Owner Witness (Signature) (Print Name) Witness (Signature) (Print Name) Approved as to form and legal sufficiency: ~~p~ Thomas C. Palmer Assistant County Attorney Agenda Item No. 16E9 June 28, 2005 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to authorize supplemental pay to employees who are recalled to active duty for the entire duration of their tour OBJECTIVE: To provide supplemental pay to employees who are recalled to active duty for the entire duration of their tour. CONSIDERATIONS: Currently it is the policy to grant a Military Leave of Absence with pay for the first thirty (30) days of leave. Beyond this thirty (30) day period, the County supplements the pay provided by the military in an amount necessary to bring the total salary, inclusive of the base military pay, to the level earned at the time the employee was called to active duty, for a period of up to ninety (90) days. The total period of paid absence, including the thirty (30) day Military Leave and the leave supplement totals 120 days. Currently there is one employee of the Board of County Commissioners who has been called to active duty, with a second scheduled to report for active duty at the end of July 2005. The intent of this request is to extend the period of supplemental pay from ninety (90) days to the entire duration of the active duty service, not to exceed five (5) years total. This request is made in order to protect the employee and his/her family from any hardship which may occur as a result of serving our Country and to lessen the fiscal impact so that the employee may feel confident that his/her family is well cared for during the period of absence. .,.- FISCAL IMPACT: The cost of the difference between the employees' current salary and the military entitlement plus the cost of maintaining any applicable insurance benefits. Based on current projections of an eighteen (18) month tour of duty, the payroll costs for both employees should be approximately $38,000.00 over the next two years. RECOMMENDATION: That the Board of County Commissioners approve the change to the Military Leave Policy in order to provide supplemental pay to employees who are recalled to active duty for the entire duration of their tour, not to exceed five (5) years. PREPARED BY: Jean Merritt, Human Resources Director ,.- Agenda Item No.1 6E9 June 28. 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16E9 Recommendation to authorize supplemental pay to employees who are recalled to active duty for the entire duration of their lour. 6128/2005 9:00:00 AM Meeting Date Prepared By Date Judith Kraycik HRIS Coordinator 6/16/200510:04:54 AM Administrative Services Hum a n Reaou rces Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 6116/2005 t2:18 PM Approved By Jean Merritt Human Resources Director Date Administrative Services Human Resources 6116/20052:47 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 6/16/20053:26 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 6117/20059:55 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 6/17/200512:48 PM Agenda Item No. 16E10 June 28,2005 Page 1 of 14 EXECUTIVE SUMMARY Recommendation to approve Amendment No.5, for Phase 2 and Phase 3 of Contract # 00-3173 with SpiIlis Candela DMJM to provide Design Development and Construction Administration Services for the Courthouse Annex, floors five (5) through seven (7) in the amount of $553,920.00. OBJECTIVE: To approve Amendment No.5, Phases 2 and 3 of Contract # 00-3173, for Design Development, Construction Documents and Construction Administration Services for floors 5-7 of the Courthouse Annex in the amount of$553,920.00. CONSIDERATIONS: On June 6, 2001, the Board approved and awarded RFP # 00-3173 (Design of the Courthouse Annex) to Spill is Candela DMJM. The Agreement is phased and amendments are being used to provide for the design development and construction administration services for the annex, the phases are: Phase One: Space programming and conceptual design. (Completed 12/20/01) Phase Two: Schematic design, design development, and construction drawings Phase Three: Bidding and Construction Administration Services The space programming, accomplished in Phase 1, indicated that an 8-story building consisting of 17,500 sq. ft. per floor would be necessary to accommodate the projected growth of Courthouse support staff. The building height was reduced from 8 stories to 7 stories to accommodate the Planned Unit Development (PUD) for the Government Complex. The project is currently designed for floors 1- 4 with floors 1-3 finished and fourth floor shell. On March 9, 2004 (agenda item 16.E.7) the Board approved Contract #04-3576, Construction Manager at Risk Services for Courthouse Annex and Parking Garage, with Kraft Construction Company, Inc. (Kraft) with a Pre-construction Phase Fee of $115,000 (split equally between the Courthouse Annex and the Parking Garage). The Courthouse Annex is currently designed at 4 floors and ultimately will be a 7 story building. The contract requires that all materials, services and subcontracts be awarded to the lowest qualified, responsive vendor based on competition guidelines that vary by the estimated price of the item. Collier County's actual price to be paid for the work will be the actual cost of all work subcontracts, supply contracts, direct labor costs, direct supervision costs, and direct job costs plus the Construction Manager's fees, or the Guaranteed Maximum Price (GMP), whichever is less when the work has been completed. - The Courthouse Annex project is currently being bid out with Kraft Construction for the construction of floors 1-4. The GMP for floors 1-4 is planned for presentation to the Board of County Commissioners on July 26, 2005. Since the design of floors 5-7 will not start until approval by the Board they will not be part of the bidding for floors 1-4. When the construction documents for floors 5-7 are complete, a GMP amendment will be negotiated with Kraft Construction and the subcontractors previously selected for floors 1-4. The site development plan amendment for floors 1-4 was approved on June 14, 2005 and the building permit will be submitted the week of June 20, 2005. By completing the design of floors 5-7 now and constructing those upper floors with the current project will save on re-mobilization costs, roofing and the overall disruption of the campus. Agenda Item No. 16E10 June 28, 2005 Page 2 of 14 Page 2 of2 FISCAL IMPACT: Funds for the design and construction services in the amount of $553,920.00 are available in fund 390 General Government Facility Impact Fee, project number 52533. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan and the Government Complex Projected Space Plan. RECOMMENDATIONS: That the Board of County Commissioners approve Amendment No.5, Phases 2 and 3 of Contract # 00-3173 to Spillis Candela DMJM for Design Development, Construction Documents and Construction Administration Services for the Courthouse Annex floors 5-7 in the amount of $553,920.00 and authorize the Chairman to sign the Amendment with Spillis Candela DMJM after review by the County Attorney's Office. PREPARED BY: Peter S. Hayden, P.E., Senior Project Manager Agenda Item No. 16=:10 June 28, 2005 Page 3 of 14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16E10 Recommendation to approve Amendment No.5, for Phase 2 and Phase 3 of Contract # 00-3173 with Spillis Candela DMJM to provide Design Development and Construction Administration Services for the Cour1house Annex, floors five (5) through seven (7) In the amount of $553,92000 6/28/2005 9:0000 AM Meeting Date Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 61161200511 :42 AM Approved By Linda Jackson Contracts Agent Date Administrative Services Purchasing 61161200511:55 AM Approved By Ron Hovell Principal Project Manag..r Date Administrative Services Facilities Management 61161200512:15 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 6/16/20051 :36 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin, 6/16120053:12 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 6/16/20053:26 PM Approved By Susan Usher Senior Management/Budget Analyst Date County Manag..r's Office Office of Management & Budget 6/17/20051 :54 PM Approved By Michael Smykowskl Management & Budget Director Date County Manager's Office Office of Management & Budget 6120/2005 4: 05 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 6/20/2005 5:22 PM Date: Thursday, June 16,2005 To Steve: 6/1612005 E-Mailed To Bonnie: Please log on the finance log only, this item will be presented to the BCC Projcct Name: Collier County Courthouse Annex and Parking Garage Project Number: 52533 BIDIRFP #: 00-3173 Mod #: Amendment #5 PO#: 4500002601 Work Order Number: NA Contractor/Consultant: Spil1is Candela DMJM Original Contract Amount: $ 190.000.00 (Starting Point) Current BCC Approved Amount: $ 1.761.388.00 (Last Total Amount Approved by the BCe) Current Contract Amount: $ 1.797.127.00 (Including All Changes Prior To This Modification) Change Amount: s 553.920.00 Revised ContractlWork Order Amount: $ 2.351.047.00 (Including This Change Order) Cumulative Dollar Value ofChangcs to this ContractlWork Order: $ 2.161.047.00 Percentage Of The Change Over/Under Current Contract Amount: 33.48 % Overview of change: To provide for additional services to design three (3) additional floors for the Courthouse Annex, floors 5-7 shell only. eoou.a~~~, ~k Steve's Acknowledgement: Date: b!íf.h5 Date:~~ Scanned Date: Data Entry Information: Type of Change: Contract Project Manager: Peter Hayden Department: Facilities Managment Scanned copies of the back up documentation may be located on the Purchasing G drive: G:/CurrenJ-Chonges to Contracts G:/ Current - Changes to Work Orders Revised 4/12/2005 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E1 0 June 28, 2005 Page 5 of 14 PROJECT NAME: Courthouse Annex PROJECT #: 52533 BIDIRFP #: 00-3173 MOD #: Amendment 5 PO#: 4500002601 WORK ORDER #: Nt A DEPARTMENT: Facilities Original Contract Amount: $ 190.000.00 (Starting Point) Current BCC Approved Amount: $ 1.761.388.00 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 1.797.127.00 (Including All Changes Prior To This Modification) Change Amount: $ 553.920.00 Revised Contract/Work Order Amount: $ 2.351.047.00 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $ 2.161.047.00 Date of Last BCC Approval 5/25/2004 Agenda Item # 16 E 2 Percentage of the change over/under current contract amount 33.48% Fonnula: (Current Amount 1 Last BCC approved amount)-l Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific infonnation regarding work order thresholds, please refer to the Contract Administration Procedures, Section ill.CA. CURRENT COMPLETION DATE (S):ORIGINAL: CURRENT: SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Owner reauested a proposal from SpiUis Candela to provide additional services to desien three (3) additional floors for the Courthouse Annex. floors 5-7 shell onlv. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? The additional services will enable floors 5-7 to be desimed & constructed with the current proiect floors 1-4. PARTIES CONTACTED REGARDING THE CHANGE: Ron BovelL Skip Camp. Linda Jackson IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N/A) L Proposed change is consistent with the scope of the existing agreement L Proposed change is in fact an addition or deletion to the existing scope L Change is being implemented in a manner consistent with the existing agreement l The appropriate parties have been consulted regarding the change l Proposed prices, fees and costs set forth in the change are reasonable APPROVE BY: Date: Date: G:\ConstlUctÍon & Capital Items\S2S33 Courthouse AnnexlAmendment Number S.doc Agenda Item No. 16E10 June 28,2005 Page 6 of 14 Contract 00-3173 with Spillis Candela Date Item No. CO No. Description Amend. No. Amount PO No. 2/1312001 16 E 3 Acorove Short List Award Contract to Spillis for programming and design of the Annex, parking Garage & chilled water plant 6/26/2001 16 E 5 expansion PHASE I $ 190,000.00 106634 Approve Amendment No. 1 for schematic design, design development, & 1/14/2003 16 E 2 construction drawincs PHASE II 1 $ 435,354.00 002601 Approve CO No. 1 design of finished third 3/25/2003 16 E 1 1 storv $ 69,716.00 002601 9/23/2003 16 E 8 2 Approve Amendment No.2 Desian Deck 2 $ 757,110.00 024106 3/23/2004 16 E 2 3 Approve Desion of Fourth Floor Shell 3 $ 129,518.00 002601 Approve Construction Admin. Services 5/25/2004 16 E 2 4 for Annex 1-3 finish & fourth floor shell 4 $ 179,690.00 002601 7/28/2004 5 CO NO.5 add FPL Vault Desicn to Deck $ 12,685.00 024106 12/17/2004 6 Adjust rate schedule $ 0 Additional Services to complete "alternative Architectural Design Standards· for the Courthbuse Annex 5/2/2005 7 project ! $ 14,498.00 002601 Additional Services for Courthouse annex to revise the third floor finance administration and general accounting 6/2/2005 8 departments $ 8,556.00 002601 ".~-.. t Approve architectural ard engi~..ring -- services to design three (3) additional _....~ floors for the Courthou+e Annex, 6/28/2005 16 E floors 5-7 shell onlv , 5 $ 553,920.00 002601 « Original ContractiAmount $ 190,000.00 Current BCC Approved Amount $ 1,761,368.00 Current Contract'Amount $ 1,797,127:00 Chanae Amount $ 553,920.00 Revised ContractlWork Order Amount $ 2,351,047.00 Cumulative Dollar Value of Chances of the ContractIWork Order $ 2,161,047.00 I Percent Chanoe 33.48% G:\Construcüon Capitalltems\52010 Courthouse Annex Parking Garage\Timeline for Bee Approvals 6/15/2005 Agenda Item No. 16E1 0 June 28, 2005 Page 7 of 14 EXHIBIT A-I Contract Amendment # 5 Design of the Courthouse Annex Parking Deck This amendment, dated , 2005 to the referenced agreement shall be by and between the parties to the original Agreement, Spillis Candela & Partners, Inc. dba Spillis Candela DMJM (to be referred to as "Contractor") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 00-3173, Design of the Courthouse Annex and Parking Deck 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 "AI-A" attached to this Amendment and incorporated herein by reference. This Amendment shall extend the Agreement through June 30, 2007. The Contractor agrees that this amends the original Contract and that the Contractor agrees to complete said services in the amount of Five hundred fifty-three thousand, nine hundred and twenty dollars ($553,920.00) as per Exhibit "A I-A", Pages 1-5, Scope of Services, Price Proposal and Project Schedule. 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 Spill is Candela DMJM By: Dated: By: Title: Dated: CORPORATE SEAL ATTEST: OWNER: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Fred Coyle, Chainnan Approved as to fonn and Legal sufficiency: Thomas Palmer Assistant County Attorney Agenda Item No. 16E1 0 June 28,2005 Page 8 of 14 spilliscandela . Peter ). Splllls. AlA Hilario F. (andela. FAIA Julio Grabiel, AlA Guillermo (arreras, AlA Donald Dwore, FAIA Dean K. Newberry. IIDA Jesús Cruz, AlA Deborah S. Klem Michael ICerwln, AlA Paul Relnarman W. Ronald Hunt, PE Jorge Iglesias, AlA Enrique . Madá, AlA Sandy O'Neil Los Angeles San Francisco Orange Phoenix Albuquerque Houston Miami Orlando (hlcago Columbus New York Washington. DC Denver Colorado Springs Salt Lake City Fort Worth Dallas Detroit San Diego Los Alamos Richland. WA Kuwait City 800 Douglas Entrance North Tower, Second Floor Coral Gables, FL 33134 T 305.444.4691 r 305.447.3580 www.scpmlaml.com May 31 , 2005 Mr, Peter Hayden, P.E. Senior Project Manager Department of Facilities Management Collier County Government 3301 Tamiami Trail East, Building W Naples, Florida 34112 RE.: Collier County Courthouse Annex Collier County Contract # 00-3173 - Amendment # 5 - Additions to the Scope of Work Spillis Candela DMJM Project No, 32113011 Dear Peter, Spillis Candela DMJM is pleased to present to Collier County this proposal to amend our scope of work as provided for in the original Contact document referenced above. Per our telephone conversation of May 12, 2005, it is our understanding that you are requesting a proposal for full professional architectural and engineering services to design three (3) additional floors for the Courthouse Annex. These additional floors will be designed and constructed as shell space in the same fashion as the current project has shown the Fourth Floor. I have enclosed the following items for your review: 1. Estimate of Project Costs / Proposed NE Design Fees (Phases 2 and 3) 2. Scope Statement and Project Schedule 3. Page 39 of Collier County Contract Please review this proposal and if you have any questions or require further clarification please do not hesitate to call. Steven P. Berler Senior Associate Cc: R. Hovell- Collier County D. Dwore, E. Macia, D, Klem, J. Cruz - Spillis Candela DMJM Florida Licen.e AA 0003298 AN AECOM COMPANY Agenda Item No. 16E10 June 28, 2005 Page 9 of 14 SpilliScandeIa. Mr. Peter Hayden, P.E. May 31,2005 Page 3 of 4 AMENDMENT # 5 Contract :/I: OQ..3173 Additions to the Scoce of Work Spillis Candela DMJM proposes to provide full professional architectural, structural, mechanical, electrical, fire protection and plumbing services to add floors five, six and seven to the current 100% Construction Documents for the four story Courthouse Annex. The roof and exterior envelope are to match the proposed four story design which is currently under Site Development Plan review and as indicated in the 100% GMP drawings. The final design will look very similar to the rendering already provided to Collier County of the seven story full build out. If due to Site Development Plan submittal or other agency comments, re-design of the added top floors is required, additional or contingency services per the Contract will be necessary. The foundations currently indicated in the Construction Documents have been designed to accommodate the seven stories and the roof, and the mechanical design has anticipated the added floors. On the shell floors, the mechanical design will provide an air handling unit for the floor with a main trunk line and one thermostat to provide minimum cooling, but without low pressure ductwork distribution - as the fourth floor shell is shown in the Construction Documents. The required fire protection system will be installed with one sprinkler head per 120 sq. ft. The electrical system will have minimum early warning detection smoke alarms with life safety lights, and a feeder panel to serve the HVAC unit. The AlE and client responsibilities are per the original Contract as described for phase 2 and 3 work. Agenda Item No. 16E10 June 28, 2005 Page10of14 SPilliSC3ndela. Mr. Peter Hayden, P,E. May 31,2005 Page 4 of 4 AMENDMENT # 5 Contract # 00-3173 Revised Proiect Schedule 1. The shell floors will be brought quickly through the schematic and design development phase and the Phase 2 Construction Documents Phase submittals for the three (3) additional shell floors shall be submitted to the Owner within 10 weeks of the notice to proceed. 2. The Owner is to review the documents and the Design Professional shall revise the Construction Documents as required by the Owner in order to obtain the Owner's written authorization to proceed to the Bidding / Construction Administration Phase. This review period is two weeks from receipt of final drawings. 3. The Bidding and Construction Phase for the three additional shell floors is estimated as a four week period. 4. The six month period for Construction Administration Services is an estimate and is in addition to the 16 months of Construction Administration already under Contract for the Annex.. The fees associated with an extended Construction Administration Phase beyond the six months estimated are to be negotiated based upon the work to be performed. * The Site Development Plan submittal and Building Permit submittals will commence upon completion of the Construction Documents Phase. Because the shell floors will be an addition to an existing, already permitted building, these Collier County Agency reviews should be a streamlined (approximately four to eight months) process. However, since most of the major permitting process involve items and agencies beyond the consultant's control, this time period is only an estimate. 2.1.2. A lump sum fee of: 2.1 .3. A lump sum fee of: 2.1.4. A lump sum fee of: 2.1.5. A lump sum fee of: 2.1.6 A lump sum fee of: Agenda Item No. 16E1 0 June 28, 2005 Page 11 of 14 Phase 2 Eighty Two Thousand Two Hundred Thirteen Dollars ($82,213.00) -Includes $2,500.00 for expenses. For the Schematic Design Phase of the Project. One Hundred Eight Thousand Seven Hundred Eighty Four Dollars ($108,784.00) includes $2,500.00 for expenses. For the Design Development Phase of the Project. Two Hundred Seventeen Thousand Five Hundred and Sixty Eight Dollars ($217,568,00) includes $5,000.00 for expenses. For the Construction Documents Phase of the Project. Phase 3 Twenty Six Thousand Five Hundred Seventy One Dollars ($26,571.00). For the Bid Phase of the Project. One Hundred Eighteen Thousand Seven Hundred Eighty Four Dollars ($118,784.00) includes $12,500.00 for expenses. For the Construction Administration Phase of the Project. 2.1 ,7. The fees noted in paragraph 2.1.5 through 2.1.6 shall constitute the total amount of Five Hundred Fifty Three Thousand Nine Hundred Twenty Dollars ($553,920.00), to be paid to the Design Professional for the performance of Phase 2 and Phase 3 Services. If Contingency Services, as provided for under Section 2.1 of the Agreement are provided, the Owner agrees to pay the Design Professional a negotiated fee based on the work to be performed. None of these services are anticipated at this time. 39 Agenda Item No. 16E10 June 28, 2005 Page 12 of 14 SPilliSCandela. Mr. Peter Hayden, P. E. May 31,2005 Page 2 of 4 Amendment #5 Contract :(I: 00-3173 Collier County Courthouse Annex Shell Floors Five, Six and Seven Estimate of Proiect Fees 1. Three Shell Floors of 18,475 square teet each for a total of 55,425 additional square teet. The square footage cost utilized for this proposal was developed by the Construction Manager in the letter dated December 22,2004 (see attached). a. Three Shell Floors @ approx. $143 per sq. ft. b. Contingency / Cost Escalation @ 5% Subtotal: $7,932,822.00 $ 396.641.00 $8,329,463.00 2. Other project costs a. Design, testing and administration @ 9% (7.25% for design) b. AlE expenses (printing, travel, Fed Ex, etc.) Total AlE and County Administrative Fees: $ 772,151.00 $ 749,651.00 $ 22.500.00 3. Courthouse Annex floors 5 through 7 a. Shell floors @ $143 sq.ft. and 5% contingency b. County Administration fees @ 1.75% c. AlE fees @ 7.25% ($603,886.00) d. AlE expenses $8,329,463.00 $ 145,765.00 $ 531,420.00* $ 22.500.00 Estimate ot Project Costs: $9,029,148.00 * Fee reduced 12% due to reuse of some portions ot present Fourth Floor Shell documents. ~.--..---..-- '____'___ØØ"'" Agenda Item No. 16E10 ~~~¡s ..~ .' ;Ì KR~FT Ðecember 22, 2004 Mr. lack Crognale, Construction Manager Collier County Government Department ofFacilitiðs MatJ.&gement 3301 E. Tamianú Trail Nàplcs; FL 34112 R.e: COURTHOVSE ANNEX - ESTIMATE FORADD1NG 3 FLOORS TO 11Œ ANNEX r:OI\~jll~1 !:~:¡;I f~ i :J~.'¡"'_\"; V' I: it ~"~ ~ '\~,~ ~ Dear Mr.Crognale: Attached herewith, is the item.i.zcd. e$tinIate ofpotantial costs to increase the Collier County CourthouseADnex from four '(4) floors to seven (7). Pl~e note that the aIIlount of$7,932.822.00 was determined by assumingtbc additional floors woUld be typical of the fourth floor (shell only), and that construction wou1dbegin during the ~ quarter of 2005. As noted in the attached detail, the increase in scope wiU incfease tlteprojcct duration by 3-montbs, ¡fthe additional flOQ1'$ are'inclUdtd within the original permit submission. Should the additional £1001'1 be submitted as a revision; to theQriginal þërmit, KCCI would seek reimbursement for any substantiated delay caused by the additionaheview time. Aß· you are aware, the construction in.ciustry is, cotrently eXperiencing material increases ,ofnëarly 15% per year. Should the aØéJitional £10011 be added after thecOIí1þletion of the first four (4) floorl, we would expect to see the constructi.oncosts increase 15% per year plus the costs of additional mob~tion, generãl conditions, site dem.olitionli:epairand the costs of removing andrepla.clng the roof. Please review the áttaèhed information, and contact me at your earliest COJ1vtDiOl1CC. I reco;mmend that we discuss1bis tnattcr and aU ofthé potentialia~,pacts tothc: O¥~l projcct,at our nex:tcoordination meeting. Sincerely. Kraft Construction Compaøy, Inc. ~~....................... ~ Peter Tuffo Project Mál1ager .'.. .260é HCII"8sel1oe Drive S.- Nepl.e. Florid. 34104 . (239]B43...ecc:x:J _ Fe ( (239) S43.009Ø o 13350MetrDPøM<w8y. Suite 304 - FortMye.... FlOI"Ide33B12 . '(23S) 681-51'B1 - Fex (23S) eS1-812:9 040 S. Pineapple Avenue - Saraaœa. Florida 34236 . (941) 3308SSO. FlUe (941) 33O-BB94 www;knlft:IOonetruction.com I i I J OLn'<t T"" 0 ,,- UJO_ (ONO '"":cxi::! ON Z(I.)¡g, ESro :m-'o.. ro "C c:: (I.) Q') <{ >< G> C c <C G> en ::::I o .c 1:: ::::I o () o - o N U) ~ C as ;:::- I U) ~ o o ;:: - N G> en as .c a.. >< G> C c <C G> en ::::I o .c 1:: ::::I o () - "'lIt I - ~ o o ;:: - - G> en as .c a.. >< G> C c <C G> en ::::I o .c 1:: ::::I o () M M U) N U) G> C') E as (!) C') C :;¡ .. as a.. M .. .... a N .. ã ... .. ã .... o o N '! ã " '"M .. ã N .. ã .... o >- .... ... .. ã '! ã "~r N .. ã , ." .," cø o o N It) o o N ... .. ã '! ã . "~I~ N .. ã .., o >- .... ... .. ã 'V .. J:;,", ~ .... a N .. ã M o MO ON >- .... ... .. ã 'V .. 3~, M .. ã N .. ã ... .. ã iií o () I- Z W > W '" e :¡ ~ III CL I .... ïê ~ II CL .....1/ CO! .2' III I g¡ ; I Q~ "'''''' H', , M II> o Ñ en '" Ñ ... " '" ,. , ". o o ... cñ M '" ~ ... '" e :¡ ~ III CL e o t ;:, 1/ .::;'" ~ f! o III U~ "." I : ,.< .", , '~-,~.' ~ M II> .... .- M .- :,' ... ¡¡ .... o .... .c ;:, (1) o .-4 o IN ill) ..' ': " . ,', . , ,. .~ " ,.., <"'" :,. ....., . '. " ..' .", ''','' ., '" .- II> ..; N M .; ... ~ I .-4 I!! o o ¡¡; I .~ E ~ II CL ..... e '" 'iii II c ,. o o o Ò o M :,- ... ~ I .-4 I!! o o ¡¡; e o t ;:, ~ .... VI e o U '" .- II> ..; N ... ... N ... "' .... .s .c ;:, (1) .-4 1/ VI III ..c CL 1'1'1 1'1'1 II) 1"1 II) o o o ..; '" ... ... " I II) I!! o o ¡¡; I ~ E ~ Q/ CL ..... e '" '¡¡¡ Q/ Q .,.-" o o o ..; ~ oõ ... " I II) I!! o o ¡¡; .... e "' ¡; ~ ~ :: e .c 0 U ._ e VI Ole ._ III VI CI. Q/ >< QII.I e o t ;:, ~ .... VI e o U .. , '''''' ~ .-' , .,.,., "'....,.~ ._ ,.. ,.n ...,. '" , '," o o o Ò '" M ... o o o Ò '" ... ... ... .... e .! CL ~ ~ :ë U 1:: 6 2 .¡¡¡ .... e VI III e CI. o >< UII.I .'" c o ... "-j; .. '2 's 'a 0( c :8 u ,. b .. c o (J .".. 1! f--- to .. C ell Ef- ... o ãi ~f--- Q c .!~ .. Q .. -, :9- > e ... S- ::Ii ~- Q o o o Ò o o :! ... to ãi 1!- to (J .., ""-f-~- ïi II) fig ~c:> ::!: .-M MIlO g= ~b u" j; § ..,..,. .,.. f--- ã ~ (J to ... .. Of¡ c;: .5 ::... .c a. c 'a ~ C ell to .. N'¡¡; : 5' to 0 ¡ff¡ ,2", ~~ 0" Z I!! ë g Ë~ 'a Þ( C .. .. c ~.i ~ ; i€ to ,. s8 C ell O.c ...- ~.2 ¡ : E u ~ 'E ~: a: co en It) ....- It) .... ItÎ It) ~ J!I o .... .c ;:, (1) 1"1 Q/ VI III .c CL 1'1'1 1'1'1 II) 1"1 II) B o ... Ð II ..... o ~ CL Agenda Item No. 16F1 June 28, 2005 Page 1 of 11 EXECUTIVE SUMMARY Recommendation to approve Tourist Development Category "C-2" Grant Application and Agreement with Naples Botanical Garden for $207,100 OBJECTIVE: To approve a Grant Application and Tourism Agreement with Naples Botanical Garden in the amount of $207,100 for Category C- 2 funding. CONSIDERATIONS: Naples Botanical Garden has received grant funds for several years. 2002- $500,000- reduced to $377,400 after 9/11 for Garden Preview Project 2003- $500,000- for Perimeter Project 2004- $366,500- for Florida Gardens Promotion and Guest Experience 2005- $217,650- for the Visitor Experience Expansion The FY 2006 application is for a Promotion Plan to attract 30,000 visitors and a budget of $102,000, pennanent attractions called "Tropical Beauties and Beasts in the Garden" and "Bugs in the Garden" and a traveling exhibit in the amount totaling $105,100. The requested funds of $207,100 are matched by $843,700 from Naples Botanical Garden from attendance, membership, annual fund drive and pledge payments. COUNTY ATTORNEY FINDING: The Collier County Attorney's Office has in the past found the funding of Naples Botanical Garden to be in compliance with the Tourist Tax Ordinance and Florida State Statute. ADVISORY COMMITTEE RECOMMENDATIONS: This Grant Application was reviewed by the TDC Grant Review Committee and found to comply with the guidelines for TDC review. At the May 23,2005 TDC Board Meeting the TDC voted to recommend to the Board of County Commissioners that Naples Botanical Garden be funded in FY 06 at the requested amount of $207, I 00. FISCAL IMPACT: The Source of funds is from Category "C-2" Tourist Development Taxes. Sufficient funds are contained in the proposed FY 06 Fund (193) budget to cover this Grant Application. GROWTH MANAGEMENT IMP ACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: Approve the Category "C-2" Grant Application and Tourism Agreement with Naples Botanical Garden in the amount $207,100.00, pending final approval of the FY 06 Budget. ,- PREPARED BY: Jack Wert, Tourism Director Agenda Item No. 16F1 June 28, 2005 Page 2 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary Meeting Date 16F1 Recommendation 10 approve Tourist Development Category "C·2' Grant Application and Agreement with Naples Botanical Garden for $207,100. 6126/20059:00:00 AM Approved By Jock Wert Tourism Director Date County Manager's Office Tourism 6/9120055:02 PM Approved By OMS Coordinator Administrative Assistant Date County Manager's Olfice Office of Management & Budget 611412005 2:05 PM Approved By Mark Isackson Budget. Analyst Cate COU'1t.y Manager's Office Office of Management & Budget 6116120053:50 PM Approved By Michael Smykowskl Management & Budget Director Date County Manager's Office Office 01 Management & Budget 6/171200511:44 AM Approved By James V. Mudd County Manager Dale Board of County County Manager's Office Commisstoners 6117120052:57 PM Agenda Item No. 16F1 June 28, 2005 Page 3 of 11 2005/2006 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE NAPLES BOTANICAL GARDEN, INC. THIS AGREEMENT, is made and entered into this _ day of , 2005, by and between the Naples Botanical Garden, Inc., a Florida not-for-profit corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY". WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax are to be allocated for the promotion of tourism in Collier County nationally and internationally, for the promotion and advertising of activities or events intended to bring tourists to Collier County and, inter alia, to construct, extend, enlarge and improve museums owned and operated by not-for-profit organizations and open to the public; and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax funds to fund GRANTEE'S Promotion Plan and Permanent and Traveling Exhibits; and WHEREAS, The Tourist Development Council has approved this request for funding with Tourist Development Tax proceeds; and WHEREAS, The Collier County Board of County Commissioners has approved the funding request of the GRANTEE; and NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: Agenda Item No. 16F1 June 28, 2005 Page 4 of 11 1. SCOPE OF WORK: (a) In accordance with the authorized expenditures as set forth in the Budget of the GRANTEE, attached hereto as Exhibit "A", the GRANTEE agrees to create permanent and traveling exhibits and implement its promotion plan, (hereinafter "the Project"). 2. PAYMENT: (a) The amount to be paid under this Agreement shall be Two Hundred Seven Thousand One Hundred Dollars ($207, I 00). The GRANTEE shall be paid in accordance with fiscal procedures of the County for the expenditures incurred as described in Paragraph 1 herein upon submittal of invoices and upon verification that the services or work performed as described in the invoice(s) have been completed or that the goods have been received. (b) GRANTEE shall determine that the goods and services contracted for have been properly provided, and shall submit invoices to the Tourism Director for review. (c) The Tourism Director shall determine that the invoice payments are authorized and that the goods or services covered by such invoice[s] have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization for the expenditure[s] described in the invoice[s]. (d) All expenditures shall be made in conformity with this Agreement. (e) Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding documentation such as vendor invoices and proof of receipt of the goods or performance of the services invoiced. (f) GRANTEE shall certify to the COUNTY in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. 2 Agenda Item No. 16F1 June 28, 2005 Page 5 of 11 (g) The COUNTY shall not pay GRANTEE until the Ex-Officio Clerk of the Board of County Commissioners pre-audits all payment invoices in accordance with law. (h) GRANTEE shall be paid for its actual costs, not to exceed the total amount for any line item nor the maximum amount budgeted pursuant to the attached "Exhibit A". 3. ELIGIBLE EXPENDITURES: (a) Only eligible the expenditures described in Paragraph one will be paid by COUNTY. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2005 and the expiration of this agreement. (c) Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to repay said funds. (d) COUNTY may request repayment of funds for a period of up to three years after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: (a) GRANTEE shall submit a Certificate ofInsurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additional insureds. (b) The certificate of insurance must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODIL Y 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 3 Agenda Item No. 16F1 June 28, 2005 Page 6 of 11 (c) The Certificate of Insurance must be delivered to the Tourism Director within ten days of execution of this Agreement by the COUNTY. The GRANTEE shall not commence promotional and advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY. 5. REPORTING: GRANTEE shall provide quarterly interim status reports to County in the form attached to this Agreement as Exhibit "B". GRANTEE shall also provide a final status report to County within sixty (60) days of expiration of the Agreement in the form attached to this Agreement as Exhibit "C". 6. CHOICE OF VENDORS AND FAIR DEALING: (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph ]. (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. (c) GRANTEE agrees to disclose any financial or other relationship between GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. (e) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. 4 7. PA YMENT REQUESTS: Agenda Item No. 16F1 June 28, 2005 Page 7 of 11 Payment requests for interim draws and final payment must be submitted to the County in the form of the Request for Funds form attached to this Agreement as Exhibit "D". All payments are on a reimbursement basis only after proof of paid invoices are presented to the County. County may withhold any interim draw for failure to provide the interim status report, and County shall withhold final payment until receipt of the final status report or other final report acceptable to County. 8. VISITOR QUESTIONNAIRES: GRANTEE shall request that visitors to the Naples Botanical Garden complete the visitor questionnaire attached to this Agreement as Exhibit "E". All completed visitor questionnaires shall be maintained in accordance with Section 15 of this Agreement. 9. INDEMNIFICATION: The GRANTEE shall hold harmless and defend the COUNTY, and its agents and employees, from any and all claims, suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed hereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. The GRANTEE's obligation under this provision shall not be limited in any way by the contract price as shown in this Agreement or the GRANTEE's limit of or lack of, sufficient insurance protection. 10. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Mr. Brian Holley, Executive Director Naples Botanical Garden 4820 Bayshore Drive, Suite D Naples, Florida 34112 5 Agenda Item No. 16F1 June 28, 2005 Page 8 of 11 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: Jack Wert, Executive Director Naples, Marco Island, Everglades Convention & Visitors Bureau 3050 North Horseshoe Drive, #218 Naples, Florida 34104 The GRANTEE and the COUNTY may change the above mailing addresses at any time upon giving the other party written notification pursuant to this Section. 11. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendor or subcontractor, or to constitute the GRANTEE, or its vendor or subcontractor, as an agent or employee of the COUNTY. 12. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this agreement and shall provide all infonnation and documentation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. 13. TERMINATION: (a) The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such tennination specifying the effective date of termination. (b) If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with subcontractors and vendors, up to the effective date of the termination so long as such expenses are eligible. 6 Agenda Item No. 16F1 June 28, 2005 Page 9 of 11 14. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement must be recorded, and all expenditures must be incurred within the term ofthis Agreement. 15. A V AILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement for a period of three (3) years. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving any transactions related to this Agreement. 16. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 17. TERM: This Agreement shall become effective on October 1, 2005 and shall remain effective for one year until September 30, 2006. If the project is not completed within the term of this agreement, all unreleased funds shall be retained by the COUNTY consistent with the provisions of Paragraph 13 herein. Any extension of this agreement beyond the one year term in order to complete the Project must be at the express consent of the Collier County Board of County Commissioners. The GRANTEE must request any extension of this term in writing at least thirty (30) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one year. 7 Agenda Item No. 16F1 June 28, 2005 Page 10 of 11 18. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report to the Tourism Director along with a final budget analysis by November 30, 2006. 19. REQUIRED NOTATION: All promotional literature and media advertising must prominently contain the verbiage, "A cooperative effort funded by the Collier County Tourist Development Tax." 20. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if warranted. IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. A TrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman Approved as to form and legal sufficiency Heidi F. Ashton Assistant County Attorney 8 Agenda Item No. 16F1 June 28, 2005 Page 11 of 11 WITNESSES: GRANTEE: (1) NAPLES BOTANICAL GARDEN, INe. Printedrryped Name BY: (2) Printed/Typed Name Printedrryped Name Printedrryped Title CP: Agreement: 2005-06 Naples Botanical Garden n --..." "----- ~..._,._._- ¡ f, . . 9 Agenda Item No. 16F2 June 28,2005 Page 1 of 7 EXECUTIVE SUMMARY Recommend Approval of Change Order #1 to Contract #05-3744 with Marine Contracting Group, Inc. to provide for the storage of construction equipment off the beach in the not to exceed amount of $42,300 for the Hideaway Beach Jetty and T -Groin Construction Project 90502. OBJECTIVE: Approve a $42,300 Time and Material, Not- To-Exceed Change Order # I for Marine Contracting, Inc. to provide for the storage of construction equipment off the beach at night. CONSIDERATIONS: Contract #05-3744with Marine Contracting, Inc. for construction of the T-Groins and a Jetty on Hideaway Beach was awarded on 1/27/05 before the Biological Opinion was issued in March, 2005 by the USACE/FWC. The contract contained no provisions against storage of construction equipment on the beach at night, although the Biological Opinion expressly prohibited it. Several requests to FWC to amend the Biological Opinion to grant relief on this issue in a timely manor have been unsuccessful. _. The contractor has provided a proposal to provide a track backhoe that is mobile enough to be stored off the beach at night and allow the project to proceed. The cost of this Change Order will not exceed $42,300 on a time and material basis. The contractor has requested an additional 10 calendar days to complete the project due to jetty layout changes from sand accretion on the north end at the channel entrance to Collier Bay. COUNTY ATTORNEY FINDING: No attorney recommendation required. ADVISORY COMMITTEE RECOMMENDATIONS: Coastal Advisory Committee: Approved this item on May 12,2005. Tourist Development Council: Approved this item on May 23, 2005 FISCAL IMPACT: The Source of funds is from Category "A" Tourist Development Tax fund 195-110406-905021 GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners approve and authorize Change Order #1 to Contract #05-3744 with Marine Contracting Group, Inc. in the not to exceed amount of $42,300 and an additional 10 calendar days to complete the Hideaway Beach Jetty and T-Groin Construction and authorize the Tourism Director to execute the Change Order. .-. PREPARED BY: Gary McAlpin, P.E., Coastal Projects Manager, Tourism Department Agenda Item No. 16F2 June 28. 2005 Page 2 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16F2 Meeting Date Recommend Approval of Change Order #1 to Contract #05-3744 with Manne Contracting Group. Inc to provide for the storage of construction equipment off the beach in the not to exceed amount of $42.300 for the Hideaway Beach Jetty and T -Groin Construction Project 90502. 6/28/20059:00:00 AM Prepared By Date Gary McAlpin Costal Project Manager 6/7120053:49:46 PM County Manager's Office Tourism Approved By Jack Wert Tourism Director Date County Manager's Office Tourism 6/7/2005 3:59 PM Approved By Lyn Wood Purchasing Agent Date Administrative Services Purchasing 619/2005 1 :24 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 6/9/2005 3:46 PM Approved By Gary McAlpin Costa' Project Manager Date County Manager's Office Tourism 61101200510:45 AM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 6/16120052:12 PM Approved By Michael Smykowskl Management & Budget Director Date County Manager's Office Office of Management & Budget 6120/2005 9:53 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 6/201200510:33 AM l~'-'- I i j ¡ ! _,..~__~u,._,·,~~·_ ....~_..._.,~_"._,~_._.......,~_,___......_..._~.....~_~_" .-----.AQenda-H~~e ~~: ~~ Page 3 of 7 ! I --,.,-~._,~~- Date: June 2, 2005 To Steve: E-Mailed To Bonnie: Project Name: Hideaway Beach Jetty & T Groin Construction Project Number: 905021 BIDIRFP #: 05-3744 Mod#: PO#: 4500041481 Work Order Number: Contractor/Consultant: Marine Contracting Group Original Contract Amount: $_2,140.880.00 (Starting Point) Current BCC Approved Amount: $_2,140,880.00 .______ (Last Total Amount Approved by the BCe) Current Contract Amount: $ 2 140,880.00 (!ncludini All Changèš'Priör-To This MÕcÌificatiõ~----' Change Amount: $_42,300.00,__ Revised Contract/Work Order Amount: $_2,183,180.00 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $_42,300.00__ Percentage Of The Change Over/Under Current Contract Amount: _1.9__% Overview of change: Provide for storage equipment off beach at night and extend time from 140 days to 150 days. Contract SpeciaJist: (-£;";:'" )2-.1 Steve's ACknoWJedg::V'~è t{ W 15li--' .u, Date: _ . os. Date: ~ 'J..05 Scanned Date: ~____ Data Entry Information: Type of Change: Contract Project Manager: Gary McAlpin Department: Tourism Scanned copies of the back up documentation may be located on the Purchasing G drive: G:/Current-Changes to Contracts G:/ Current - Changes to Work Orders Revised 4/25/2005 ....---.,--- PROJECT NAME: BIDIRFP.: 05-3744 MOD 111: 1 DEPARTMENT: Tourism TRACTIWORK ORDER:j FlCATION CHECKUSTFORM PROJECT #: 905021 PC»:4500041481 ('arine eoIntr.ctina OrouD) I Agenda Item No. 16F2 June 28, 2005 Page 4 of 7 L Change Amount: Revited CootractlWork Order CIIIDwative Dollar Value of $2.140,880 (S1artiDs PoíDI.) i $2,.140,180 (Lat TotId Joo.. Approwd by tile BCC) I $%.140_ (1nc:1udiDg.4 cbIoøCI Prier To 1bis~œ.) $ 41,300 I 0rigiuI Contrad AøIoaDt: Current BCC Approved Amount: Curreøt Contract AmOuDt: i : S2,183, 180cludiDg This ~ 0nJcr) to this CoatraetlWork Order: S4r Datø or Last see Approval , 14, 2004 Agenda bm ## 6F1 Pen:entage of the change ow ndlll' cumant contract amount 1 9% Fonnula: (Current Amount I Last approved amount)-1 Results and Actions: If the exceeds 10% sec approval Is ; under 10% reported to acc on Purchasing report. For specific Information regarding work order thresholds, please refer to the Centrad Administration Procadul'8l, n III.C.4. SUMMARY OF PROPOSED C ANGE (8): Identify the changes. Time and Material, Not-To-Exceed Change Order (#1) for Marine Co . Inc. to provide for the stol'88e offonstruction equipment off the beach at night. Also extend time ftom 140 days 150 days resulting ftom 1etty Ia changes required by sand accretion on the north end of the project. CURRENT: Auaust 23. 2005 CURRENT COMPLETION DATE S):ORIGINAL: APPROVE BY: Gry REVIEWED BY: (' Lyn changes provide to the project. Approval and completion on this project in a time erosion. JUSTIFICATION FOR CHANGE S): What value or benefit do of this Change Order will allow íanœ with Biological el'fic ent manor to protect H Beach from 2005 hurricane PARTIES CONTACTED IMPLEMENTATION STEPS ('/I y _ Proposed change Is consi Y _ Proposed change is in fad Y _ Change is being ImpJeme Y _ _The appropriate parties h Y _ Proposed prices, fees and Date: Date: ContrId: 05-3744 ~OrderNo.: 1 0nIIr 1'bø 06~ tD MIriIII IBdaway Belch wu 2Oœ) by diD 0C)DIIrU0&i0ø eqa~ ~ pmhIbiIed It. Sewnl.reqDIIItI to to.1DDI tbrI BiDJoaiœI Op.iDÏDD relief 011 thII....tu. -,_1IIYe beca t :rJRl~ ~l~ æœ, TOI MarIœ~ 2511 V...~ UDlt114· Puata GoftI8, PI. 33 Pm"~ INC. FAX NO. :941-5aS-Ø320 Agenda Item No. 16F2 June 28, 2005 Jun. 01 2005 02:3gPlf'ae~ 5 of 7 CllANGJ: ~" 1 ..... TouriIID 3050 NCIIth N..... PL 341 Dmt.Sdl21. BoIc:h JeiUy ad T-GroJD ProJ-d NOI 905021 18, 2OØ' lDø .. 00IIIIrUDd0J1 0 0111127105 beIJre tIiI no ~ OOiIØWd DO the be8ch .. ..... "up the T4oiDIIDI4 Jouy 011 0piaIDD HI Jaued <M-ah ......... of iIaUed BioJoaical OpiDfon The contnøtor'" . propoII1 to pro\'lclo . trick tbt II mobile ~uøh to bDlItond off... 'beKh DI8bt ad DOt ~ 1hB ¡mjeGt. GO. oftbil a.aee 0rdR will ~ ~ S42,000 OD aad IIIItedIlIIIIIIL IlL 0ri¡iDaJ aareemcm TbtI ~II Ofder No. RmIDd~ 0r.iPaal ~·time AcUaød IIUØIber of .1'IIiI..... ~ ..................._...................._......._........ .~,.... 'S2.'I~I80 AIrI&rtmt (.:lei) ..............._........... ..... S ~Q() _.u 52,IU,1'80 " . ~ ........................ .,. .................. ...1~·_8 day¡ due to provio.. abIDae .1...... ........ ..... 0 days ~ ÎI..,........."................... :;' .~..."....I!,.............. 1~ t·' RavIBocI CODtr8CI Time YJOrkiD¡ ~.... ................... .. "...'..~~.~'~·~.'.~~'..¡.$..:.:_~_::~I_:. 150 ct.,. .t 0rlPII Notiœ to Your accc¡UnDO of wUl be pedbl'lDld ladlclrcd åft, .. då~.w or rt1I&ed to, &be r;~ed~ 0Iry Tourløaa ." _.~. ~ " cIItct ._......,__..._..,_._...............__ 111_ '_. ... ..........;... ~ 26.; '2005 abaDp order au ·CODduto . CO aD tile IIIIIID __ .... if tho __ \M'e npc:átod in . ftdllØd 1Iaa111ttJ1meør ixth bentia.1ac1udia& cJaimI /ll)c to_~m4 .. ocmt-i-I m.1I.åd ""'1OIIt Tbe adjuIÞDaat,. to ... all oJúmI·....out of; ~ aDd delay CC>*. ;. Date: (,¡'/ð~ . . , ~ '.; . ,'.. ~..f· A "' # /. -- . . L Ulll'1 . r.vJW'o ~ June 28,2005 TourID Page 6 ctH . .:.-4'. ~ ~- ? ~1~r- ~by: -- . -.. DIm: PIma S _ / MariDe . OIoup Appro_ by: :c.œ: JIct '9/J ~ Dinåor ì , 11 I . Approwd by: I DiIte: St8Ye Dieotør I - . I)epIIrimaøt . I I ! i , ¡ I I i I I \ - -~ ~~- - -- - - - w ".~ ---- -------- I ¡ ^S9Rela he~ Þ e 4i¡;;i -,._"-~--------_._-- EXHIBIT E CHANGE ORDER Agenda Item No. 16F2 June 28, 2005 Page 7 of 7 CHANGE ORDER NO. 01 CONTRACT NO. 05-3744 TO: Collier County Purchasing p~partment 3301 Tamiami Trail. East NaDia!. Florida 34112 DATE: Mav 2.2005 PROJECT NAME: Hideawav Beach Jettv & T-Groin Construction PROJECT NO.: 05-3744 Under our AGREEMENT dated December 14. 2004. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: Forty Two Thousand Three Hundred (not to exceed) ( $42.300.00 ). Original Agreement Amount $ 2.140.880.00 Sum of Previous Changes $ 0.00 This Change Order (Add) (Deduct) $ 42.300.00 Present Agreement Amount $ 2.183.180.00 The time for completion shall be (Increased/Eleoreaecd) by 10 calendar days due to this Change Order. Accordingly, the Contract Time Is now One Hundred Fifty ( .1§.Q) calendar-days. Theusu6stanüal completion date is August 13. 2005 and the final completionâäte is Auoust 23. 2005. You(acceptance of this Change Order shall constitute a modification to our Agreement and wJII 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: CONTRACTOR: ,2005 By: ~/?~ OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: DESIGN PROFESSIONAL By: GC-CA-E-1 Agenda Item No. 16F3 June 28, 2005 Page 1 of 9 EXECUTIVE SUMMARY Recommend Approval of Change Order #1 to Bid#04-3667 with Weeks Marine Inc. for additional sand placement on Hideaway Beach as part of the Hideaway Beach Re-nourishment Project 905021 in the Amount of $185,000 and four additional contract days. OBJECTIVE: Approval of Change Order #1 to Bid #04-3667 with Weeks Marine Inc. for additional sand placement on Hideaway Beach. CONSIDERATIONS: Additional sand plaèement is required on Hideaway Beach to account for erosion that has occurred between the pre-bid survey and the pre-construction survey. mc Category A funds wìl1 be used to pay for this Change Order but will be fully reimbursed by the Hideaway Beach Club Association. All sand placement required for the Hideaway Beach Re-nourishment project will be reimbursed by the Hideaway Beach Club Association. A net increase of 40,000 cubic yards of sand and a $15,000 credit for beach access restoration account for the Contract increase of $185,000. Four additional contract days are added to the schedule to perfonn this additional work. The original contract va1ue was $2,482,775 and included re-nourishment of 240,000 CY of sand on Hideaway Beach. Change Order #1 will increase the contract value by $185,000 to $2,667,775. It will also increase the quantity of sand that can be placed on Hideaway Beach by 40,000 CY to 280,000 CY. COUNTY ATTORNEY FINDING: A finding by the County Attorney is not required for this item ADVISORY COMMITTEE RECOMMENDATIONS: Coastal Advisory Committee: Recommended approved this item on May 12, 2005. Tourist Advisory Council: Recommended approval of this item on May 23, 2005. Parks and Recreation Advisory Committee: N/A FISCAL IMP ACT: The Source of funds will be by mc Category A with 100% reimbursement from the Hideaway Beach Club Association. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. - Agenda Item No. 16F3 June 28, 2005 Page 2 of 9 RECOMMENDA TJON: That the Board of County Commissioners approve Change Order #1 to Bid #04-3667 with Weeks Marine Inc. in the amount of$185,OOO and four additional contract days and authorize the Tourism Director to execute the Change Order. PREPARED BY: Gary McAlpin, P.E., Coastal Projects Manager Agenda Item No. 16F3 June 28. 2005 Page 3 of9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 16F3 Recommend Approval of Change Order #1 to Bid#04-3667 with Weeks Marine Inc for additional sand placement on Hideaway Beach as part of the Hideaway Beach Re- nouflshment Project 905021 in the Amount of $185,000 and four additional contract days. 6/28/200590000 AM Item Number Item Summary Prepared By Date Gary McAtpin Costat Project Manager 619/2005 3:51 :47 PM County Manager's Office Tourism Approved By Jack Wert Tourism Director Date County Manager's Office Tourism 6/9/20054:25 PM Approved By Gary McAlpin Costal Project Manager Date County Manago>r's Office Tourism 6/10/2005 10:46 AM Approved By Lyn Wood Purchasing Ago>nt Dato> Administrative Services Purchasing 6/1412005 8:23 AM Approved By Sto>vo> Carno>1I Purchaslng/Go>neral Svcs Director Date Administrative Services Purchasing 6/17/200510:20 AM Approved By OMB Coordinator Administrative Asststant Date County Manager's Office Office of Management & Budget 6/17/200512:22 PM Approved By Michael Smykowski Management & Budgo>t Director Date County Manager's Office Office 01 Management & Budget 6/17/2005 12:34 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 6/1712005 2: 20 PM rr-~'" ¡"-'; --'-"~-'"''-~--''''' ~--_., -"., "-.---"-"---" ,~·_m_·m'~__....'.'.~' .... "__~.__"~~...._,,.. ð9?QºªJtem NQ,.J 6F3 ..~ June 28, 2005 '~I Page 4 of 9 , Date: June 2, 2005 To Steve: E-Mai1ed To Bonnie: Project Name: Hideaway Beach Renourishment Project Number: 905021 BID/RFP #: 04~3667 Mod#: PO#: 4500040699 Work Order Number: Contractor/Consultant: Weeks Marine Original Contract Amount: $ 2,482,775.00_, (Starting Point) Current BCC Approved Amount: $ 2,482, 775.00.._...._.........~_._ (Last Total Amount Approved by the BCC) Current Contract Amount: $ 2,482,775.00.... ' (Including All Changes Prior To This Modification) Change Amount: $ 185,000.00. ",' ~,·.,_~M~.·,·_._W_· Revised ContractlWork Order Amount: $ 2,667,775.00._ (Including This Change Order) Cumulative Dollar Value of Changes to this Contral.i/Work Order: $.__185,000.00..___ Percentage Of The Change Over/Under Current Contract Amount: _7.45 % Overview of change: Addition of net 40,000 cubic yards of sand to contract due to erosion between pre-bid survey and pre- construction survey for $200,000 and a deletion of Bid Alternate I, Restoration of Beach Access, to be performed under Contract 05-3744, for a credit of $15,000, for a net change order of$185,ooO. ~ C,""'olSP<",,,oc,-'¡£'^ h~PHf D,"" ÆliYQI; Steve's ACknOWledg~~~._~._ Date: ~ Scanned Date: Data Entry Information: Type of Change: Contract Project Manager: Gary McAlpin Department: Tourism Scanned copies of the back up documentation may be located on the Purchasing G drive: G:/Current-Changes to Contracts G:I Current - Changes to Work Orders Revised 4/25/2005 PROJECT NAME: BIDlRFP.: IM-3867 MOD t#: 1 TRACTIWORK ORDER MODIFICATION CHECKUSTFORM PROJECT #: 905021 Agenda Item No. 16F3 June 28, 2005 Page 5 of 9 DEPARTMENT: Oriainal contract AmollDt: 52,482,775 (&arting Poiøt) Curreøt BCC Approved Amount: Curreøt Coatnd Amount: 52,482,775 (Last Total Anømt Approved by the BCC) Chance Amount: $1,482,775 (Including AD ¡cœøp Prior To 1bís ~or» $185,000 Re¥iIed Co....dlWork Order CUlDalatåw Don.. Value of unt: ~667, 775 (Jndudi:ng This 0IImge Order) to this ContractJWork. Order: $185,000 Date of Last acc Approval 26, 2004 Agenda Item t#16F6 Percentage of the change current contract amount~ '7. tf ~ % Fonnula: (Current Amount I Last C approved amount)-1 Results and Actions: If the exceeds 10% ace approval Is ¡required; under 10% reported to Bce on Purchasing report. For specific Infonnation ntgardlng work order thntSholds, please refer to the Contr8ct Administration Procedures, . II\.C.4. SUMMARY OF PROPOSED 1 f Contract 05-3744. JUSTIFICATION FOR CHANGE (S): What value or benefit do thine changes provide to the project? Sand erosion from original bid . to pre construction survey was significantly different due to beach erosion. The Beach Access Restoration was a . alternate on this oontrad and Contract 05-3744. NO THE CHANGE: Lvn WOOd. Weeks Marine. Hldeawav Beach Homeowner's iMPLEMENTATION STEPS each before proceeding with Change uslna V, N or NlA) V_Proposed change is with the scope of the existing agreement V_Proposed change Is in fact addition or deletion to the existing scope Y _ Change is being i In a manner consistent with the ekisting agreement Y _ The appropñate parties h been consulted regarding the chaIÌIge V_Proposed prices, fees and set forth in the change ant ~ble PROJECT MANAGER RECOM ENDATION: This form Is to be signed and dat8d. APPROVE BY: t Date: ~1812005 REVlEVVEC BY~/ n, P. Date: rt, / ;2lo-S' L . _.~"---~-~-,~--;- Agenda Item No. 16F3 June 28. 2005 Page 6 of 9 TO: Weeks Marine 304 Gaille Drive Innwoods Business Park Covington, LA 70433 CHANGE ORDER # 1 FROM: Towism Department 3050 North Horseshoe Drive, Suite 218 Naples, FL 34104 Project Name: Hideaway Beach Renourishment Project No. 905021 Contract No. 04-3667 Change Order No.: 1 Date: May 18, 2005 Chuge Order Description: 40,000 cubic yards of additional. sand plaœment is required on Hideaway Beach to account for erosion that has occurred between the bid survey and the pnH:Onstruction survey. In addition a $15,000 credit for deletion of Bid AItemate 1 ftom the contract is taken resulting for a net Change order total of$185,000. Four additional days of contract time has been added to perfonn this work. TOC Category A fimds will be used to pay for this Change Order 00t will be fully reimbursed by the Hideaway Beach Club Association. An sand p1aœmeDt required for the Hideaway Beach Re- nourishment project will be reimbursed by the Hideaway Beach Club Association. Original agreemm amount ....... .... ..................................................$2,482,775 This Change Order No. 1 Amount (add)......................................... $ 185,000 Revised Agreement Amount................ .............. ....., ............,...,. ......$2,667,775 Original contract time in calendar days ......... ....................................... .... 90 days Adjusted number of calendar days due to previous change orders ,., .., ... . .. .. . ... ... 0 days This change order adjusted time is.., ,.. ... .,. ,.. ... ... ... ,., ... ..., ,., ,. ... ... ... ... ... ..... 4 days Revised Contract Time in working days............................................. .... 94 days Original Notice to Proceed date ............................................................ March 26, 2005 Your acceptance of this change order shall constitute a modification to our Agreement and will be performed su~ect to all the same terms and conditions as contained in said Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, to this Agreement shall constitute a full and final settlement of any and all claims arising out ot; or reIated to, the change set forth herein, including claim; for ÏD1Jact and delay costs. Prepared by: J~ M~~~ MeAl Project er Tourism DepartInent ~ IJ fM\&L ....... Date: 1 r "J;o() <) Gj"'~ =WOS Accepted by: Firm Signature Weeks Marine Date: Approved by: Date: Jack Wert, Director Towism Department Approved by: Steve Carnell, Director Purd1asing Department Date: Agenda Iterr:¡ Nt;¡. 16F3 P~è 28,12005 Page 7 of 9 From: Pekie324@aol.com Sent: Sunday, May 08, 20051:57 PM To: McAlpinGary; Erik.Brechnitz@morganstanley.com Subject: Additonal Sand At Hideaway Beach Gary .....it looks like Hideaway can come up with the funds for the additional sand. We should have a confirmation by the Wednesday morning meeting. Per my calculations the numbers appear to be: South Point - 20,000 cy @ $6.50/ cy = - $130,000 Royal Marco Way 40,000 cy @ $5.50/ cy = 220,000 Vicinity of H-8 20,000 cy @ $5.50/ cy = 110,000 Total 40,000 cy $200.000 As you recall, the Bid Alternate for Restoration of Beach Access Areas of $15,000 was included with the Renourishmet contract but was later decided to be part of the T -Groin contract only. Therefore, a $15.000 credit is due to City of Marco Island / Hideaway. This would being the net additional money to be $185,000. You may want to confirm this to Bill Harrison, Finance Manager, City of Marco Island as he is the person who will give the official written authorization. It probably would be helpful to you to have his authorization by Thursday's CAC meeting. Jim S. file://C:\Documents%20and%20Settings\mariabernal\Local%20Settings\ Temporary%20Inte... 5/9/2005 Agenda Item No. 16F3 June 28, 2005 Page 8 of 9 May 6, 2005 Gary McAplin Collier County 3050 Horseshoe Drive Suite 218 Naples, FL 34104 Re: Hideaway Beach, preconstruction survey, H&M File No. 12028 Dear Gary: This is in followup to our meeting this morning regarding fill quantities based on !he preconstruction survey, and Mr. Snediker's question about modifying the project design to address some of the recent physical changes in the beach. The preconstruction survey shows that there has been some recent accretion in the northern portions of the South Point section of the project. The quantity of sand needed to fill the design template at South Point is approximately 20,000 cubic yards less than the pre-bid estimate. However, there has been additional erosion of the beach at Royal Marco Point, and the quantity needed to fill the Royal Marco Point template has increased by approximately 40,000 cubic yards. Based on the preconstruction survey, the total project fill quantity is approximately 260,000 cubic yards, which is a net increase for the entire project of approximately 20,000 cubic yards over the pre-bid estimate of 240,000 cubic yards. Two other issues we discussed were: recent erosion in the vicinity of monument H-8, which lies adjacent to but south of the fill limits at Royal Marco Point; and the northward growth of Sand Dollar Island which now provides some protection from wave action for the beach in the vicinity of H-1 at the south end of South Point. Mr. Snediker suggested relocating one or two of the South Point TiJroins from this currently sheltered area to the eroding area near H-8. We understand the logic behind Mr. Snediker's suggestion, however, there are two reasons why we would not recommend making changes to the project design at this time. One is the uncertainty in modifying f1e permits. While we believe a permit modification could be obtained, this would be a major modification and the time required to obtain that modification could significantly delay the project. Agenda Item No. 16F3 June 28, 2005 Page 9 of 9 The other reason we would not recommend modifying the design is that South Point is potentially the most vulnerable section of beach to erosion. Although Sand Dollar Island may be providing protection for the south end of South Point at this time, over longer periods of time Sand Dollar Island has been an ephemeral feature. A shoal that formed in this area in the 60's was more prominent than the current Sand Dollar Island shoal, and provided a higher level of protection than is afforded by the current shoal. The 60's shoal was so stable that it allowed the establishment of mature vegetation, including a mangrove fringe. In spite of the demonstrated stability of this shoal for a period of time, it eventually disappeared exposing the South Point shoreline to severe erosion. Photographic records show that erosion persisted from sometime prior to 1973 until 1997 when the temporary T-groins were constructed. If the current shoal is breached by a storm, which should be considered quite likely, South Point would again become exposed and extremely vulnerable. In our estimation South Point is potentially more vulnerable from a long-term perspective than is the shoreline at H-8. Under the current design, a portion of the eroding shoreline in the vicinity of H-8 will be protected by T -groin #6, and will also receive beach fill. Our recommendation at this time is to seek a minor permit modification that would extend the Royal Marco Point beach fill further to the south toward li8. This would probably require approximately 20,000 additional cubic yards of fill, bringing the total project fill quantity to 280,000 cubic yards. Restoring the beach in this manner at this time will provide an opportunity to monitor ongoing changes that are occurring in this area. These changes, and the recent erosion near H-8, are primarily due to the migration and transformation of Coconut Island. This has recently been a rapidly changing situation which may soon culminate in the onshore migration of Coconut Island, or it's disappearance altogether. We therefore recommend pursuing the minor modification to place some additional fill, then monitoring to determine if additional erosion control structures might be needed in this area in the future. Based on discussions at our meeting, we are proceeding with a request to the regulatory agencies to exterd the fill to the vicinity of monument H-8. Please give me call if you have any questions. Sincerely yours, HUMISTON & MOORE ENGINEERS /<~ fi/~,¿';H'~ Kenneth K. Humiston, P.E. Agenda Item No. 16F4 June 28, 2005 Page 1 of 5 EXECUTIVE SUMMARY Recommend approval for the Tourist Development Tax Category "A" 10-Year Expense and Revenue Projections as part of the budget process for Fiscal Year 2006 OBJECTIVE: To obtain approval of the Tourist Development Tax Category "A" 10-year Expense and Revenue Projections as developed by the Coastal Advisory Committee (CAC) CONSIDERATIONS: Tourist Development Category "A" 10-year projections were developed by the Coastal Advisory Committee (CAC) on March 10. 2005, and the Tourist Development Council (TDC) recommended approval on March 28. 2005. 1) Staff recommends approval of this item for budgeting and planning purposes for FY 06 and beyond. FISCAL IMPACT: The to-Year expense and revenue projections are for planning purposes only. Individual grant applications for each year will be submitted separately for each project. Grant applications for FY 06 were submitted and approved by the Board of County Commissioners On June 14,2005. ..,...-...., GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners approve staff's recommendation of the 10-Year Expense and Revenue Projections for Tourist Development Tax Category "A" (Exhibit A) as it complies with the Funding Policy adopted by the BCC on December 16,2003. PREPARED BY: Gary McAlpin, Senior Project Manager .- Agenda Item No. 16F4 June 28. 2005 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 16F4 Recommend approval for the Tourist Development Tax Calegory "A" 10-Year Expense and Revenue Projections as part of the budget process for Fiscal Year 2006 6/28/20059:00:00 AM Item Number Item Summary Approved By Gary McAlpin Costal Project Manager Date County Manager's Office Tourísm 6116120052:18 PM Approved By Jack Wert Tourism Director Date County Manager's Office Tourism 6/1612005 2:40 PM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 6117/200512:28 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 6121/2005 8:58 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 61211200512:17 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 6/22/200512:32 PM '<:t1,{)1.{) u..o,,- (000 ...-N(V) OcÖ( ) ZNO"J C\) E~o... ( )::J :=- ro '=' c ( ) O"J < ~ i~~2"~ J i~ ~ :¡',.;..r ::î N ... ¡; li~""~ I .. t: . ~!~""! !TI ¡¡¡ Ii!..j! . "I t ~ Ili....~ i ' t: .. ~I~....i IT ¡¡¡ t: - !!!.. ! ~ <0 :s ~ ¡:. ff) I") .. ~ t o ~ w ;: a Ii: If t ~ i~~""i 1 3 ~ I~~""~ IT' (.!) ~ w ~ tJ tJ C ~ I I~I'"'"~ I ~ i I~~""I ~I I .. t: ~~§...'"~ ~ ~=i ~ t !II ~~!~'"'" at ... ,...- .. '0 '0 t ": :r~ !~ I"J'"~~~"I Ilil I I ~"~~~ ~ 1:11 .. ... ... I I Ilå'l 51ft 'I'~I~'I ~~II TT I I I ~ I' i I ª 11 I I I' I ! ~ ~ 1111'1 I ª T ~ I ~ II I I ~ IIf I ¡ I ~ i II i I liIª I~I:': ;:~ - ..r... 11,;j;: - .('01,.,'= i ~ III ~ ~ liB!!1 ~ ~ i~ ~. I'~~~I!I~' ~ ! ~I~ ! ! - . §.¡ ~ 51 3 ~~ ~... 1~!I!i!!~~ IT T I I I~I'I ~IIII Ii II T '~ ~II'~ IiI!! II _"'Ir"4'" ~_ !i Is! ~i¡~ ~al~~ ~,.; ...5~ ~ ~g g~oIl~l~ :!:'" I r ª ~a ...- ! !I~I ~ ~ è 1[-1: "i. .. =!' s!ò ~I;I~I~I~ ~.t:: ~ ..r ...::t ~ '" ,:l:q~ ~... ~ -1-1 - J ill I i II § fl! !" I"~ ~ n~ ~ ~ I'; III!I!!~!!~I~I - - - '! ~~~ I ~ !§.~~I! !_! .. ò!I:3!:S ::¡ .!;!i; ...::1 I {T I ~ ..r ! ! !!~!~ .. = 1n~:.liNN ~~ IT~ § §.Š §.ì!! ¡¡!§EI~i!!"¡@¡@ ! ! ¡ ~ i ~ ! ~.. -! ~I~ "! ...--... of ::! ~ ~~'"~ :;;t; 'if. "';:¡' ... I' I ~ '" - ¡ S SI T ä '" - ... I~ I i ~ I r~ i 1'"1!12! I§~!; ~ j J" 11"" u ~ TI~ ~ ~~ ~§. ~ ! ~ ~ ~ I'! ! ¡ ; ~ ~ I.~ ~ 'å ~ I ~ f å ~I~ ;I~! i~~ iñ E! ~ ¡ ~ ~ 2 ~ iii a ~; 111::I1I121~ ..- - ìi.! t:ti si~¡ ~Š£i~ S - sf ::II!!.... ...- 5S" ~¡¡..~ ; ot_~I~I:!í;I;~ ftI J!I ftI "CI '1i Õ c: ftI c: !E- li) E! S ) .. 'l :;) î f J ~ ~!v c ~ f ~ "p fiG> ~e~ j II! = ! jj ~ ~'5 ~ i.@' 1= jÆ~D J~I~ =..& IJ ; ~ .jl I,h Ii I !IU- J p~pfnUh~ .§ Jj'f! ,i!I¡JI!i~lj~III~!¡f!I~!!~~ljfi!II!llt!~if~ IIi I IfIll ~~i ~U") U") ~ .., ..... )0 :~ o <XJ Q) zNg> Eêa.. ( ):::¡ :::::-, CO -0 C ( ) OJ <:( ~ ~ o i - IV U If) = ... '&i 1: ::::I {!. In 'P ~ ~ 'P o N o ~ m CO') 'P ~ 88 00 ö"': o 1.0 ¡:r) N 'P ~ 'P 'P o N 8 o Ö ..... o 'P o N eft g N co o ~ § m r-- g N 88 0)('1') mr-: IØ o ~ 88 öö or-- I.ON .¡ In o o N ~ 88 o ate'll tÖ at...: r-- Qat 1.0 e'II o fð ~ ~ ,.: IØ o fð ,..: co o ~ ,.: r-- ~ r--- co ~ ~ In C"i' o 8 g 1.0. ..... g è o ut 'P 8 IÖ co g o iii" r-- o 8 ,..: o o o IÖ co o o o Ñ r-- o 8 IÖ co o g iii" IØ o 8 IÖ co I ~ 8 IÖ co g N Ñ co ª Ñ co (f)CO a:lN 0 I.Ocor--.....CO') N.....(f)'J; "r-- tÖmmoSlIi" r--OCO(f)N CONr--I.ON ,.: In ro- ro- ,.: ..... IØ Ñ 'P ro- eft è co In C'i' ! '>: I>: ._ IV 'tJ . ."IV .!: -8 >0- Ii 11:- 'J; " - .'tJ Q sa.. .c."ellC .c r---CCCD t:lCC.!!1f) t:I ......-CD." ¡ h:olltc !B ü~~~fi r:c IV.E.Õ.2 r:c ¡asõ~a: >,,¡;;;;s >o~ü ,¡;;; .þ to C c:Ð:t::: :; Æ IV .CD _ æ :; g~~~g~~'ic!¡:e,grn~ U - ci) ...I .... 8 U IV 0 ... CD en CD 8 a.9-¡.-oa. § ""¡¡.~ >,c-g~ë.,," w <c ;:æ 0;.. W 0 ~ u Qj ;t:.::i m to m ~ ca..r:ca..cu"""oa..uw>c.z""" 1.1.. ILL. ..J.II.I.1111 J! C ell E u !! ::::I .a E Qj a: '<tLOL{) I..LO,,- <000 ......NL{) 6côCll ZN g' Eêo.. ClI::I == -, ro ""0 C (]) OJ « 888 000 ÒÒÔ 000 ONN OÔÑ:Ò - "0 "¡ :5! ~ as -~ !<¡;; '5 ~ .ß... ] ø::.E~ -"i!"i! .5...... 000 E-<E-<E-< ~ ~ o .- '-' fI) ~ ~ ~ ~ rn - rn >- ~ §§£ ~ ~~~~ E-< oa<~ ffi i~i~ o rn.....¡~_ ~ ~ >- r:c >- ~ ~ tf.) ~~Sl~~==:¡:!; ~,~~~~~~~~ ~ ~~~~~~~~~~~~~ ~a~~~!;!a~~~!;!~ = M~ ...~ ...~ =;, =;, =;, 0.. 0.. oc oc M~ a.,...................,c,....~ <= 1:1 ... -< uooooooooooo ~ooooooooooo .-8 ~.. Lf1.. 'I"l "'l ~ "1 "l "1 "1. "'.. 0... ~~~~~~~~<"\~~~ ~§§§§§§88§§8 E-< ~~._~~~~~~~ 8~~~08~~~~8 N~...~...~q~o~O\ 0\ oc oc <"i. -.......---- 0 ... ... ~~88888°88888 ¡¡õoooo 00000 -= ~·òòòôo~òo·òò8· - 'CNoo'<tO'CNOC'<t ~~NNN"'- N N~ ~§§§§§§§§§§§ ,§ g 8~ g g g g g g g g g ~OCooooooooooooooOCooo oô -N~'<tor¡'C......OCO\~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ E-< >->->->->->->->->->-~ zj ä i ¡ 'g .¡: p" 6' ~ --- 0\ '-' ãi ::I ê as "0 § fI) ¡: U ~ Q.. ... ~ .Ë >. ~ ¡:: ª fI) ~ '" :i .:!J '" i <: ~ o z o o o Ò o '<t ~ E-< ~ 8 V'O M '<t oc 8 V'O ~~ 00 00 8 V'O M N 0\ o o V'O Œ 0\ o o V'O g:f o~ 8 V'O M ~~ ... 8 or¡ ~ 0_ 8 or¡ M N ... - 8 or¡ œ .- ... 8 or¡ M o N~ ... 8 o o~ o N 8 o Ò o N ~ ..c: ~ r:c 8 or¡ M N '<t '" ~ ~ 8 o Ò ~ :5 or¡ ~~ ~ 8 or¡ ~~ 'C '<t § o~ ~ § Ò ~ o o or¡~ ~ oc '<t o o o Ò 00 '<t :5 or¡ M o or¡ :5 o Ò o or¡ o o or¡ M N or¡ 8 o Ò N or¡ o o V'O~ ~ '<t or¡ o 8 Ò '<t V'O o o or¡~ ~ 'C V'O o o o Ò 'C I(') 8 V'O~ M oc or¡ :5 o Ò 00 I(') 8 V'O M o 'C § g 'C Agenda Item No. 16F5 June 28, 2005 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to approve an Agreement between Collier County and Cleveland Clinic Florida Hospital Naples Non-Profit Corporation for use of the Medical Examiner facility to conduct autopsies OBJECTIVE: To obtain Board of County Commissioners approval of an agreement between the County and Cleveland Clinic Florida Hospital Naples Non Profit Corporation (CCFHN) to allow CCFHN use of the Medical Examiner Facility to conduct non-Medical Examiner autopsies. CONSIDERATIONS: Cleveland Clinic Florida Hospital Naples, (CCFHN) wishes to enter into an Agreement with Collier for the use of the Medical Examiner Facility to perform non-Medical Examiner autopsies. The Agreement specifies each parties responsibilities, includes renewal and termination provisions, and a user fee schedule of $350 for a complete autopsy or $200 for a cranial only autopsy. Fees are payable to Collier County and monthly billing will be processed by the Department of Emergency Management. A similar Agreement currently exists between the County and Naples Community Hospital. The Agreement has been reviewed and approved as to form and legal sufficiency by Assistant County Attorney Thomas C. Palmer. FISCAL IMPACT: Revenue collected per the Agreement will be appropriated to the General Fund, Medical Examiner cost center (001-144710). GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve the Agreement between Collier County and Cleveland Clinic Florida Hospital Non Profit Corporation for use of the Medical Examiner Facility to perform non-Medical Examiner autopsies. Prepared by: Darcy Waldron, Senior Administrative Assistant Department of Emergency Management -- '~·""..-'..''''t.,"",""·."",,,·,,,,,, . Agenda Item No. 16F5 June 28, 2005 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16F5 Meeting Date Recommendation to approve an Agreement between Collier County and Cieveland Clinic Florida Hospital Naples Non-Profit Corporation for use of the Medical Examiner facility to conduct autopsies. 6/2812005 9 00 00 AM Approved By Darcy Waldron Senior Administrative Assistant Date County Manager's Office Emergency Management 6/14/2005 4:08 PM Approved By Dan E. Summers Bureau of Emergency Services Director Date County Manager's Office Bureau of Emergency Services 6116120058:21 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 6116/20053:16 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 61171200510:23 AM Approved By James v. Mudd County Manager Date Board of County Commissioners County Manager's Ollice 6/17120056:39 PM Agenda Item No. 16F5 June 28, 2005 Page 3 of 6 AGREEMENT BETWEEN COLLIER COUNTY, FLORIDA AND CLEVELAND CLINIC FLORIDA HOSPITAL NAPLES NON PROFIT CORPORATION RELATING TO A LICENSE AGREEMENT TO PERFORM AUTOPSIES 1. This agreement is made between Collier County, Florida, a political subdivision of Florida hereafter referred to as "County" and Cleveland Clinic Florida Hospital Naples Non Profit Corporation, hereafter referred to as "CCFHN". This agreement relates to the use of the Collier County Medical Examiner Facility located at 3838 Domestic Avenue Naples, Florida, hereafter referred to as "the Facility" by CCFHN for the sole purpose of conducting non- Medical Examiner autopsies. The County hereby grants to CCFHN a license to use the Facility to conduct autopsies. 2. This agreement is entered into on January 1, 2005 and shall continue until terminated. Either party may terminate this agreement without cause by conveying to the other party a "Notice to Vacate" the facility, whereupon the Facility shall be fully vacated within no more than 30 days following receipt of such notice. 3. All notices, demands, or other writings required to be given, made or sent by either party to the other shall be addressed to the following: FOR CCFHN Cleveland Clinic Florida Hospital Naples 6101 Pine Ridge Road Naples, FL 354119 Legal Correspondence: The Cleveland Clinic Foundation Office of General Counsel 1950 Richmond Road I TR 38 Lyndhurst, Ohio 44124 and Collier County 3301 East Tamiami Trail Naples, Florida 34112 4. CCFHN agrees to: a. Cooperate with the policies and procedures of the Medical Examiners Office and adhere to proper standards of practice in performance of autopsies. CCFHN understands that the Medical Examiners workload is of primary importance, although every effort will be made to accommodate, in a timely manner, the needs of CCFHN. Agenda Item No. 16F5 June 28, 2005 Page 4 of 6 b. Comply with all local, state and federal laws and regulations at all times. 5. County agrees to: a. Provide, by utilizing the services of the District Twenty Medical Examiner technical staff, all necessary supplies and personnel required for the performance of autopsies and to maintain all working areas in a safe and clean condition. b. Make available the Facility and personnel during regular, weekend, holiday or overtime hours, whenever possible to CCFHN. 6. CCFHN shall pay to the County a User's Fee of$350.00 for each autopsy performed by or for Cleveland Clinic Florida Hospital Naples at the Facility and $200.00 for each autopsy that is limited to the cranial contents only. The fees will be used to pay for all costs and expenses for supplies and labor of the Medical Examiner operations used in performance of said autopsies. The County shall furnish a bill to CFHN each month for all autopsies performed during the preceding month, which shall be due and payable not more than 30 days fo llowing receipt of such bill. 7. CCFHN is the sole judge of the suitability of the Facility and the County makes no representations that the Facility is suitable for any need of CCFHN. CCFHN takes the Facility "as is" and the County has no obligation to modify the Facility. 8. Each party to this Contract shall be responsible for its own acts or omissions and any and all claims, liabilities, injuries, suits, demands and expenses of any kind which demands and expenses of any kind which may result from or arise out of any malfeasance or neglect caused or alleged to have been caused by that party, its employees or representatives, in the performance or omission of any act or responsibility of that party under this agreement. In the event that a claim is made against one or more parties, it is the intent of such parties to cooperate in the defense of said claim and to cause their insurers to do likewise. However, such parties shall have the right to take any and all actions they believe necessary to protect their interests. Each party may self-insure in whole or in part, and may maintain insurance for professional liability and/or comprehensive general liability coverage of its employees and representatives. 9. This agreement is a non-exclusive agreement. CCFHN agrees that the County shall have the right to enter into agreements with other parties to allow the use of the Facility for similar programs. 10. Compliance with Laws. By entering into this agreement, the parties specifically intend to comply with all applicable laws, rules and regulations as they may be amended from time to time. In the event that any part of this agreement is determined to violate federal, state or local laws, rules, or regulations, the parties agree to negotiate in good faith revisions to the provision or provisions that are in violation. In the event the parties are unable to agree to new or Agenda Item No. 16F5 June 28, 2005 Page 5 of 6 modified terms as required to bring the entire agreement into compliance, either party may terminate this agreement on thirty (30) days written notice to the other party. 11. Compliance with Federal Programs. County hereby represents and warrants that it has not been debarred, suspended, excluded or otherwise determined to be ineligible to participate in Federal healthcare programs (collectively, "Debarred") and agrees not to engage or assign any employee, agent or contractor ("Agent") to perform services under this agreement who has been Debarred. County acknowledges that CCFHN shall have the right to terminate this agreement immediately in the event that County or an Agent is Debarred. Accordingly, County shall provide CCFHN with immediate notice if during the term of this agreement County (i) receives notice of action or threat of action with respect to its Debarment; or (ii) becomes Debarred. 12. Confidentiality. County acknowledges that, in the course of performing its obligations under this agreement, County's employees, agents, independent contractors or other representatives (hereinafter "Representatives") may learn certain confidential information about CCFHN's business and/or patient care operations (the "Confidential Information"). County agrees that it and its Representatives will keep the Confidential Information strictly confidential, and that they will not use it for any other purpose other than to perform their obligations hereunder, and that they will not resell, transfer or otherwise disclose the Confidential Information to any third party without CCFHN's specific, prior written consent. Upon termination of this agreement, if so requested by CCFHN, County shall return to CCFHN or destroy any Confidential Information (and all copies thereof). 13. Use of Name. County shall not use the name, logo, likeness, trademarks, image or other intellectual property of CCFHN for any advertising, marketing, endorsement or any other purposes without the specific prior written consent of an authorized representative of CCFHN as t each such use. 14. Amendment. This agreement may not be amended, modified or changed orally. Amy amendments, modifications and changes must be in writing and executed by an authorized representative of each of the parties hereto. 15. Independent Contractor. In the performance of County's obligations under this agreement, County shall at all times act as and be deemed an independent contractor. Nothing in this agreement shall be construed to render County or any of its employees, agents or offices, an employee, joint venturer, agent or partner of CCFHN. County is no authorized to assume or create any obligations or responsibilities, express or implied, on behalf of or in the name of CCFHN, except as specifically herein. The employees, methods, facilities, and equipment of County shall at all times be under County's exclusive direction and control. Agenda Item No. 16F5 June 28, 2005 Page 6 of 6 16. Assignment. Neither party may assign this agreement nor any rights or obligations under this agreement without the prior written consent of the other party and any such assignment not in accordance herewith shall be null and void ab initio. 17. Entire Agreement. This agreement, together with all exhibits attached hereto, constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all other written or oral agreements existing between the parties hereto are expressly canceled. 18. Governing Law. This agreement shall be construed in accordance with the laws ofthe State of Florida without regard to its conflict of laws provisions. 19. Tax Exempt Status. The parties recognize that CCFHN is a non-profit, tax- exempt organization and agree that this contract will take into account and be consistent with CCFHN's tax-exempt status. 20. Conflict. CCFHN maintains and adheres to a Conflict oflnterest Policy. In that connection County represents that no CCFHN employees, officers or directors are employees, officers or directors of County or serve on any boards or committees of or in any advisory capacity with County. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk By: Chairman, Board of County Commissioners Approved as to form and legal sufficiency CLEVELAND CLINIC FLORIDA HOSPITAL NAPLES Assistant County Attorney Robert Zehr, MD Executive Director Agenda Item No. 16F6 June 28, 2005 Page 1 of 2 - EXECUTIVE SUMMARY Recommendation to approve a budget amendment in the amount of $268,625.03 for the purchase of two replacement am bulances. OBJECTIVE: Approve a budget amendment to purchase two ambulances as replacements for Truck #7, which was destroyed in a motor vehicle accident, and Truck #22, due to age and mileage. CONSIDERATIONS: A budget amendment is required to move funds from Capital Reserves to purchase two ambulances through the Florida Sheriffs Bid #04-05-0824 for Fire and Rescue Vehicles, which was approved by the Board on November 16, 2004, Agenda Item 16(E)3. FISCAL IMPACT: Funds in the amount of $268,625.03 are available for FY-05 In Fund 490 Capital Reserves as adopted by the Board on September 23,2004. - GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve a budget amendment in the amount of $268,625 .03 to purchase two replacement ambulances. PREPARED BY: Jeff Page, Chief, Emergency Medical Services ,- Agenda Item No. 16F6 June 28, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16F6 Meeting Date Recommendation to approve a budget amendment in the amount of $266,625,03 for the purchase of two replacement ambulances 6/28/2005 9:00:00 AM Prepa red By Date Jeff Page EMS Chief 6/15/20051:58:33 PM Bureau of Emergency Services EMS Approved By Jeff Page EMS Chief Date Bureau of Emergency Services EMS 6/16/200510:47 AM Approved By Darcy Waldron Senior Administrative Assistant Date County Manager's Office Emergency Management 6/16/20052:51 PM Approved By Dan E. Summers Bureau of Emergency Services Director Date County Manager's Office Bureau of Emergency Services 6/16/20053:'19 PM Approved By OMB Coordinator Admìnistratìve Assistant Date County Manager's Office Office of Management & Budget 6/17/200512:20 PM Approved By Michael Srnykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 6/17/2005 3:21 PM Approved By James V, Mudd County Manager Date BDard of County Commissioners County Manager's Office 6/17/20056:22 PM Agenda Item No. 16F7 June 28, 2005 Page 1 of 9 EXECUTIVE SUMMARY - Recommendation that the Board of County Commissioners adopt a Resolution fixing the date, time and place for the Public Hearing for approving the Special Assessment (Non-ad valorem Assessment) to be levied against the properties within the Pelican Bay Municipal Service Taxing and Benefit Unit for maintenance of the water management system, beautification of recreational facilities and median areas and maintenance of conservation or preserve areas, and establishment of Capital Reserve Funds for ambient noise management, maintenance of conservation or preserve areas, U.S. 41 berm, street signage replacements within the median areas and landscaping improvements to U.S. 41 entrances, all within the Pelican Bay Municipal Service Taxing and Benefit Unit OBJECTIVE: Adopt a Resolution fixing the date, time and place for the public hearing for approving the Special Assessment (Non-ad Valorem Assessment) to be levied against the properties within the Pelican Bay Municipal Service Taxing and Benefit Unit for maintenance of the water management system, beautification of recreational facilities and median areas, and maintenance of conservation or preserve areas, and establishment of Capital Reserve Funds for ambient noise management, maintenance of conservation or preserve areas, U. S. 41 berm, street signage replacements within the median areas and landscaping improvements to U.S. 41 entrances, all within the Pelican Bay Municipal Service Taxing and Benefit Unit. ,-- CONSIDERATION: The County Commission, as part of Ordinance 2002-27 related to the creation of the Pelican Bay Municipal Services Taxing and Benefit Unit, shall hold a Public Hearing to hear, consider and adopt the Pelican Bay Budget. There is no specific date established (other than the time required by general budgetary law), but staff would recommend that the Board consider Thursday September 8, 2005 at 5:05 P.M. for the Public Hearing, to be held at The Collier County Government Center, W. Harmon Turner Building, Board Room, 3301 East Tamiami Trail, Naples, Florida 34112. Pursuant to Section 197.3632, Florida Statutes, a Preliminary Assessment Roll (Non-ad Valorem Assessment Roll) must also be adopted between June 1 and September 15, 2005 in order to insure that the assessments can be placed on the Collier County Tax Collectors bills this year. Combining the adoption of the Preliminary Assessment Roll (Non-ad Valorem Assessment Roll) and the Budget Hearing will provide for increased public awareness of the Pelican Bay Services Division's budget and assessment for Fiscal Year 2005-2006. FISCAL IMPACT: There is no Fiscal Impact associated with this Executive Summary. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. ,-- _.~~--... ._~.__. Executive Summary Page 2 Agenda Item No. 16F7 June 28, 2005 Page 2 of 9 RECOMMENDATION: That the Board of County Commissioners adopt a Resolution fixing the date, time and place for the public hearing for approving the Special Assessment (Non-ad Valorem Assessment) to be levied against the properties within the Pelican Bay Municipal Service Taxing and Benefit Unit for maintenance of the water management system, beautification of recreational facilities and median areas, and maintenance of conservation or preserve areas, and establishment of Capital Reserve Funds for ambient noise management, maintenance of conservation or preserve areas, U.S. 41 berm, street signage replacements within the median areas and landscaping improvements to U.S. 41 entrances, all within the Pelican Bay Municipal Service Taxing and Benefit Unit. Prepared by: James P. Ward, Division Administrator, Pelican Bay Services Division ,- - Agenda Item No. 16F7 June 28. 2005 Page 3 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16F7 Meeting Date Recommendation that ihe Board of Couniy Commissioners adopt a Resoluiion fixing the date, time and place for approving the Special Assessment to be levied agamst the properties within Pelican Bay. 6/28/2005 9 00: 00 AM Prepared By Date James Ward Director 611512005 3:56:17 PM Board of County Commissioners Pelícan Bay Services Approved By Jean C .Smith Operations Analyst Date County Manager's Office Pelican Bay Services 6/16/20059:30 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 6/16120053:18 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 6/20120059:49 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 6/20/200512:37 PM Agenda Item No. 16F7 June 28, 2005 Page 4 of 9 RESOLUTION NO. 2005- A RESOLUTION FIXING THE DATE, TIME AND PLACE FOR THE PUBLIC HEARING FOR APPROVING THE SPECIAL ASSESSMENT (NON-AD VALOREM ASSESSMENT) TO BE LEVIED AGAINST THE PROPERTIES WITHIN THE PELICAN BAY MUMCIPAL SERVICE TAXING AND BENEFIT UNIT FOR MAINTENANCE OF THE WATER MANAGEMENT SYSTEM, BEAUTIFICATION OF RECREATIONAL FACILITIES AND MEDIAN AREAS, AND MAINTENANCE OF CONSERVATION OR PRESERVE AREAS, AND ESTABLISHMENT OF CAPITAL RESERVE FUNDS FOR AMBIENT NOISE MANAGEMENT, THE MAINTENANCE OF CONSERVATION OR PRESERVE AREAS, U.S. 41 BERMS, STREET SIGNAGE REPLACEMENTS WITHIN THE MEDIAN AREAS AND LANDSCAPING IMPROVEMENTS TO U.S. 41 ENTRANCES, ALL WITHIN THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT. WHEREAS, the Board of County Commissioners adopted CoHier County Ordinance No. 2002-27. creating the Pelican Bay Municipal Service Taxing and Benefit Unit for the purpose of providing street lighting, water management, ambient noise management, extraordinary law enforcement service and beautification, including but not limited to beautification of recreational facilities, sidewalk, street and median areas, identification markers, the maintenan<:e of conservation or preserve areas and to finance the Jandscaping beautification of only that portion of V.S.41 from Pine Ridge Road to Vanderbilt Beach Road; WHEREAS, Section 197.3632, Florida Statutes, requires that a public hearing be held to adopt a Non-ad Valorem Assessment Roll for purposes of utilizing the uniform method of collection. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. This Resolution is adopted pursuant to the provisions of Ordinance No. 2002- 27, and other applicable provisions of law. SECTION TWO. It is hereby found and determined that a Special Assessment which inc]udes the establishment of Capital Reserve Funds for ambient noise management, the maintenance of the water management system, beautification of recreational facilities and median areas, and maintenance of conservation or reserve areas within the Pelican Bay Municipal Service Taxing and Benefit Unit is necessary for funding the required payments for the operation, repair and maintenance of the water management system, beautification of recreational facilities and median areas, and maintenance of conservation and preserve areas during Fiscal Year 2005- 2006. SECTION THREE. A public hearing before the Board of County Commissioners on the Agenda Item No. 16F7 June 28, 2005 Page50f9 Preliminary Assessment Roll (Non-ad Valorem Assessment Roll) of the estimated costs, including Capital Reserve Funds for the maintenance of conservation or preserve areas, U.S. 41 berms within the boundaries of the Unit, street sign replacements within the median areas, ambient noise management, landscaping improvements within the boundaries of the District, landscaping improvements to the U.S. 41 entrances within the boundaries of the Unit, the rnaintenance of the water management system, and beautification of recreation facilities and median areas, during Fiscal Year 2005-2006 between the County and each property owner of land within the Pelican Bay Municipal Service Tax.ing and Benefit Unit will be held on Thursday, September 8, 2005 at 5:05 P.M. at The Collier County Government Center 3301 East Tamiami Trail, Board Room, Third Floor, W. HanTlon Turner Building, Naples, Florida, at which time the Board of County Commissioners will hear objections of the owners of the properties within the Pelican Bay Municipal Service Taxing and Benefit Unit or other per:;öns interested therein, to the adoption of the Preliminary Assessment Roll (Non-ad Valorem Assessment Roll). The Clerk shall keep a record in which shall be inscribed, at the request of any person, firm or corporation having or claiming to have any interest in any lot or parcel of land within the Unit, the name and post office address of such person, firm or corporation, together with the brief description or designation of such lot or parcel. The Clerk shall cause the notice of such public hearing to be published one time in the Naples Daily News, a newspaper published in ColJier County and circulating in the Unit, not less than twenty (20) days prior to said date of the hearing. Notice of such public hearing to consider the adoption of the Preliminary Assessment Roll (Non-ad Valorem Assessment Roll) shall also be mailed first class mail to all the property owners on the Preliminary Assessment Roll (Non-ad Valorem Assessment Roll) at the address provided for on said roll. SECTION FOUR. Notice of such hearing shall be in substantially the following form: NOTICE Notice is hereby given that the Board of County Commissioners of Collier County, Florida, will meet on Thursday, September 8, 2005 at 5:05 P.M., The Collier County Government Center, 3301 East Tamiami Trail, Board Room, W. Harmon Turner Building, Third Floor, Naples, Florida, for the purpose of hearing objections, if any, of all interested persons to the adoption of the Preliminary Assessment Roll (Non-ad Valorem Assessment Roll) allocating the assessable costs including Capital Reserve Funds for arnbient noise management, the 2 Agenda Item No. 16F7 June 28. 2005 Page 6 of 9 maintenance of conservation or preserve areas, U.S. 41 benns within the boundaries of the Unit. street sign replacements within the median areas. landscaping improvements within the boundaries of the Unit. landscaping improvements to the U.S. 41 entrances within the boundaries of the Unit, the maintenance of the water management system, and beautification of recreation facilities and median areas within the Pelican Bay Municipal Service Taxing and Benefit Unit which comprises and includes those lands described as foHows: A tract of Jand being in portions of Sections 32 and 33, Township 48 South, Range 25 East; together with portions of Sections 4, 5, 8 and 9, Township 49 South, Range 25 East, Collier County. Florida, being one and the same as the lands encompassed within the Pelican Bay Municipal Service Taxing and Benefit Unit, the perimeter boundary of same more particularly described as follows: Commencing at the Southeast comer of said Section 33; thence South 89 degrees 59 minutes 50 seconds West along the South line of Section 33 a distance of 150.02 feet to a point on the West right-of-way line of U.S. 41 (State Road 45), said point also being the Point of Beginning; thence Southerly along the West right-of-way line of said U. S. 41 (State Road 45) the following courses: South 00 degrees 58 minutes 36 seconds East a distance of 2.49 feet; thence South 00 degrees 55 minutes 41 seconds East a distance of 3218.29 feet; thence South 01 degrees 00 minutes 29 seconds East a distance of 3218.56 feet; thence South 00 degrees 59 minutes 03 seconds East a distance of 2626.21 feet; thence South 01 degrees 00 minutes 18 seconds East a distance of 2555.75 feet to a point on the North right-of-way line of Pine Road as recorded in D.B. 50, Page 490, among the Public Records of said ColJier County; thence departing said U.S. 41 (State Road 45) South 89 degrees 09 minutes 45 seconds West along said North right-of-way line a distance of 2662.61 feet; thence South 00 degrees 51 minutes 44 seconds East a distance of 70.00 feet to a point on the North line of Seagate Unit 1 as recorded in Plat Book 3, Page 85 among said Public Records; thence South 89 degrees 09 minutes 45 seconds West along said North line of Seagate Unit 1 and the South line of said Section 9 a distance of 2496.67 feet to the Southwest comer of said Section 9; thence continue South 89 degrees 09 minutes 45 seconds West a distance of 225 feet more or less to a point on the mean high water line established May 15, 1968; thence a Northwesterly direction along said mean high water line a distance 15716 feet more or less; thence departing said mean high water line South 80 degrees 29 minutes 30 seconds East and along the Southerly line of Vanderbilt Beach Road (State Road 862) as recorded in D.B. 15, Page 121 among said Public Records a distance of 7385 feet more or less to a point on said West right-of-way line of U. S. 41 (State Road 45); thence South 00 degrees 58 minutes 36 seconds East along said West right-of-way line a distance of 2574.36 feet to the Point of Beginning. A copy of the Preliminary Assessment Roll (Non-ad Valorem Assessment RoJl) for each lot or parcel of land to be assessed is on file at the Clerk to the Board's Office, County Government Center, W. Hannon Turner Building, Fourth Floor. 3301 East Tamiami Trail. Naples, Florida and in the offices of the Pelican Bay Services Division, 801 Laurel Oak Drive, Suite 605, Naples, Florida, and is open to the inspection of the public. AJI affected propel1y owners have a right to appear and be heard at the public hearing and to fi]e written objections to the adoption of a resolution approving the Preliminary Assessment Roll (Non-ad VaJorem Assessment Roll) with the Board within 20 days of this notice based upon 3 Agenda Item No. 16F7 June 28, 2005 Page 7 of 9 the grounds that it contains items which can not be properly assessed against property, that the computation of the special assessment is incolTect, or there is a default or defect in the passage or character of the resolution, or the Preliminary Assessment (Non-ad Valorem Assessment) is void or voidable in whole or part, or that it exceeds the power of the Board. At the completion of the hearing, the Board shall either annul or sustain or modify in whole or in part the Preliminary Assessment (Non-ad Valorem Assessment) as indicated on such roll, either by confirming the Preliminary Assessment (Non-ad Valorem Assessment) against any or all lots or parcels described therein or by canceling, increasing, or reducing the same, according to the special benefits which the Board decides each such lot or parcel has received or will receive on account of such improvements. The assessment so made shall be final and conclusive as to each lot or parcel assessed unless proper steps are taken within twenty (20) days with a court of competent jurisdiction to secure relief. The Board will levy a Special Assessment (Non-ad Valorem Assessment) for operations and maintenance of the water management system and the beautification of the recreational areas and median areas, and maintenance of conservation and preserve areas utìlizing an Equivalent Residential Unit based methodology. The total assessment for maintenance of the water management system, beautification of recreational facilities, and median areas, and maintenance of conservation or preserve areas is $546,500 which equates to $71.66 per Equivalent Residential Unit based on 7625.50 assessable units. The Board wi ] levy a Special Assessment (Non-ad Valorem Assessment) for the establishment of Capital Reserve Funds for ambient noise management, the maintenance and restoration of the conservation or preserve areas, U.S. 41 berm improvements within the Unit, street sign replacement within the median areas, landscaping improvements and U,S. 41 entrance improvements within the Unit, utiJizing an Equivalent Residential Unit based methodology. The total assessment for these Capital Reserve Funds is $608,600 which equates to $79.82 per Equivalent Residential Unit based on 7625.50 assessable units. The Special Assessment (Non-ad Valorem Assessment) wiIJ be collected by the CoJlier County Tax Collector on the owner's Ad Valorem Tax Bill pursuant to Section 197.3632, Florida Statutes. Failure to pay the Special Assessment (Non-ad Valorem Assessment) and your property taxes will cause a tax certificate to be sold against the property, which may result in a loss of title to the property. 4 .....~_........M..............··~·..···_·..··M..._........_· Agenda Item No. 16F7 June 28, 2005 Page 8 of 9 Any person who decides to appeal a decision of the 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. BOARD OF COUNTY COMMISSIONBRS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: ¡sf Maureen Kenyon Deputy Clerk (SEAL) SECTION FIVE. The Clerk is hereby ordered and directed to spread this Resolution in full among the minutes of this meeting for permanent record in his office. SECTION SIX. This Resolution shall become effective immediately upon its passage. This Resolution adopted this _ day of . 2005, after motion, second and majority vote. A TrEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY FRED W. COYLE, CHAIRMAN ~ 'L Approved as to form and lega}, a slIfficìelY; ~J£.Á. "/\ aVId C. WeIgel County Attorney 5 ..........-...............-........ .,.-....... ........-..........-...........,. PELICAN BAY CULl" Of'" IoIfX!CO -- I '" ... % Agenda Item No. 16F7 June 28, 2005 Page 9 of 9 ~tt CD \_. p '" '" ... ... :! ~ ... ~ o PLES-IMI,IC1<Al:::: ~OAO r=.~. .... .., ... a; VI on '" . ~ c::::::;=:¡.,¡; ~ CD .. ~ ¡ ;; w 3 '" a: w ¡ '" ~ ::.-::-::: I U~ ... QI ,.. ¡.. \ . \ '" '" ~ .' ,--; I ; J ! i : I , , I I \ \; '.--' Agenda Item No. 16F8 June 28, 2005 Page 1 of 2 .-' APPROVAL OF BUDGET AMENDMENTS Bee Agenda of June 28, 2005 General Fund (001) Budget Amendment #05-413 Operating ExPenses Other Misc. Services $20,000 Reserves Reserve for Contingency Total ($20,000) -0- ExPlanation: Funds are needed for treatment of Lethal Yellowing Disease affecting palm trees in Collier County. The County remains in a stare of emergency for Lethal Yellowing. Ordinance 2004- 11 authorizes $20,000 per fiscal year to treat the disease. Victoria Park Drainage (134) Budget Amendment #05-414 Operating ExPenses Emergency Maintenance and Repair $6,000 Reserves Reserve for Capital ($6,000) -- Total -0- ExPlanation: Funds are needed to repair motor at Victoria Park. MSTD General Fund (111) Budget Amendment #05-441 Operating Expenses Other Misc. Services $6,828 Reserves Reserve for Contingency ($6,828) Total -0- Explanation: Funds are needed to fund the Benchmark Survey work performed by FDEP Bureau of Surveying and Mapping to expand the Vertical Control Network through Golden Gate Estates. Prepared by: Barbetta Hutchinson, Executive Secretary, OMB -- Page 1 of I Agenda Item No. 16F8 June 28. 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary Meeting Date 16F8 Approval of budget amendments. 61281200590000 AM Approved By Mich.el Smykowskl Management & Budget Director Date County Manager's Office Office of Management & Budget 6120/2005 1; 22 PM Approved By James V. Mudd County Manager Date Board of County CommíssÎoners County Manager's Office 612012005 3:47 PM Agenda Item No. 16F9 June 28, 2005 Page 1 of 4 -- EXECUTIVE SUMMARY Recommendation to award Bid #05-3836 to Pantropic Power for the rental of Generators and Spot Air Coolers for the 2005 hurricane season at an initial cost of $18,750. OBJECTIVE: To ensure the availability of rental diesel generators and portable spot coolers for emergency use during the 2005 hurricane season. CONSIDERATIONS: The 2004 hurricane season highlighted the need for readily available rental generators and portable spot coolers for use during and immediately following a disaster event to support shelter operations. In an effort to provide a minimum number of diesel generators and portable spot coolers, along with distribution equipment and technical support, Bid #05-3836 was posted by the Collier County Purchasing Department on April 29, 2005. Notices of Bid were sent to forty-five (45) firms and one (1) bid was received and opened by the Purchasing Department on May 18, 2005. Staff has reviewed the one bid received and recommends award to Pantropic Power as the sole qualified and responsive bidder. - FISCAL IMPACT: The initial cost of $18,750 is an "availability fee" and will ensure that eight (8) 35Kw generators, six (6) portable 2-ton spot coolers and associated power distribution equipment is available to support shelter operations. Funds for this expense are budgeted for FY -05 in Emergency Management's General Fund (00]) operating budget. Should a disaster event require the use of the equipment, weekly rental charges of $9,740, an insurance fee of $2,496 and delivery/pick up charges of $5,000 will be incurred. Technical Support is available at an hourly rate of 97.00 per hour plus travel at $2.00 per mile. Funds for these expenses are not budgeted and will require funding from reserves. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary RECOMMENDATION: That the Board of County Commissioners award Bid #05- 3836 for the rental of generators and spot air coolers to Pantropic Power at an initial cost of$18,750. Prepared By: Darcy Waldron, Department of Emergency Management -- Agenda Item No. 16F9 June 28, 2005 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16F9 Meeting Date Recommendation to award Bid #05·3836 10 Pantropic Power for the rental of generators and spot air coolers for the 2005 hurricane season at an initial cost of $18,750 6/2812005 9:00:00 AM Prepa red By Date Darcy Waldron Senior Adminístrative Assistant 6/13/2005 3:52:28 PM County Manager's Office Emergency Management Approved By Darcy Waldron Senior Administrative Assistant Date County Manager's Office Emergency Management 6113/2005 3:47 PM Approved By Scott Johnson Purchasing Agent Date Administrative Services Purchasing 6114/20053:22 PM Approved By Mike Hauer Acquisition Manager Date Administrative Servic.es Purchasing 6/14/20053:27 PM Approved By Steve Carnell Purchasing/Genera' Svcs Director Date Administrative Services Purchasing 6114/20055:08 PM Approved By Dan E. Summers Bureau of Emergency Services Director Date County Manager's Oflíce Bureau of Emergency Services 6116/20058:21 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 6/16/20052:44 PM Approved By Michael Srnykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 6117/200510:00 AM Approved By James V, Mudd County Manager Date Board of County Commissioners County Manager's Office 6117120053:02 PM OJLD'<t 'I..L.O_ <D a OLD ..... ....NcrJ"<T .. . .. "0 o co IDE ~ z N ~CD ciS Eêa..CI.)(.; CD:':¡ Q) Q) .=: -, ~ II: ro OCQ -0 zQ) C 0> CD ~ CJ) (.; <C ttI a. .. CD ~ o ~ 0.. o U C\u- "ª Q) e C\I _ C CD 0.. L.: Q) ~ C)Q) ~ E ~§~ -C/)o( o c ~ttli:i eClQ) a. in o a. E Q) E Q) C) CIS C CIS ~ >- o c Q) ~ Q) E w £ .... Q) ~ o a. >- .c -0 c (1j o CD C") IX) C") J, a -0 i:ñ LD 8 C'\ IX) ~ ~ CD :J CI E Q) a: >- 32 ø Q) Q).... 3:~ oð ~o.. Q):) ~~ ãi .2 CIa. 'ª' ã; :0 J!! ãjø > CD o(u.. CD (.; c CIS ..... :J co C >- I- o G' !::! .... Õ .:;; '3 ~ cu :9 .g, ;: '3 1 :s f cu = ~ -¡ .. <II ¿ "i! r!J ¡s cu :ë <II 5' ~ Q) E-o E ~ .s. ~ ~ ~ II) t Ûj:,~ 1!! ~ !.Q =~ ..f3 ......... ~ ~ g.~c g.~ <= :8<=ë::, ~ ",<::¡II) ;&~!.~ª ~.s~~~ ~ ~ g .¡ . ~ ~ ~ ~- ]j ~ ~ f g"" "i!~ <:>8«;::::~ 5l8g,<= ~~:Sz"i 1! <II g, <= <II ~~....~~ ~~i§~g ?"<?"< ~II'I ** *~ .r:::: .r:::: ~ cu cu ~ --. '00 !::! 011 = :a = ë ø i :2i ... u j '" ;... tI} 1:1 .g .... :I .Q :s '" ¡s .. cu ~ o ~ 'ã :I &~ <= <= c:i ~ * ~~ ~ g It') * l!i g "1- ~~ ?"< "'" - ë :: .¡¡ 1 :a .. ~ ~ ~ a! 011 !I: 6' ~ 13 ~~ ~ ~ g oS u e .... cu 8. 5 tI} o.D = cu ~ ~ N 1:: cu ~ cu :a ~ s s ~;: a ~ = ~ ..,. e 12: Ñ ?"< <"I ~ ~ æ: g <= oñ ~ ~ <= <= "1- .... <"I ~ '~ ~ "I; 1:1 cu .... " cu "I; = <II cu ë I~ <= <"I "1- .... {,I! - i õ E-o t>O = 'ü .¡:: p... oU > o ~ 3 tfJ C'\ õ ..... CD 0> cu a. ¡ Q Eo< = all ø:: ="<1" ''ãQ ..- "<t .. '"<t.."O c:i o:i' Q)"E ~ ZN01D- Eê~ ~ Q):J~CD == -, += II: o fI ZCD 0> CU ~ C,) CU a.. ro "0 C Q) 0> <1: ï.: CD fI 01.... CU CD c: E a:I E ~:J _00 ~ c öa:l ...0 a.. - c: CD E CD 01 a:I C «S :E ~ c CD 0> ... CD E UJ o - ~ o a. >- J:I "0 C «S - '{J CD C') CO C') I LO o "0 i:ñ -~-. E CD i5 ... CD a. CD w (¡j ¡ ¡J:~ ... CD C w i C):J C. CU 0 æs ~() ~c :: CD I~ (¡j ~ II: ...,. CD ...c ~ E 1:: LO CD 0 > 0 0 C\I c» ~ C\I CD s:: .~ ãS .{¡ l)- I", II: , L~ « >- ~ -¡:: :J 0 , ~ ø :I: 0 J a. ~ .. - 0 è ,,"~ 0 ~~\~ C') ø ~ ~ .ä z ~ ..... .. ~ = ø. :8"C1 ~ = 1:1 ¡:.. GI - '" - - u 0 C ell 0 =- 0 fI s£ c: ø.. .~ .s::: c 0 ~ = 1:1 "0 ""') .s ell fI ~ ~ E "å .... 8 w~ E"O ~ "ôJ ... CD 00 ... u CD 3: 1:: ø.. w I- 0 .¡.; ( ,) ~ .....¡ - c:: c C,) ~ ="CI ã5~ CD ï:: . 5 ~ ~~ ~ a:I ~ ""') .~ ] 01 ~ - a:I E c:: -= a. :J 'r;¡ iñ .... == t õ."g j a:I fI =.s E CD .s::: ( ,) Q) ~ c ... 8.1i 0"0 :t::: :J ~ ..."0 :J 3: ~I~ 0..<: a. C\I Õ C\I CD 0> a:I a. LO o o C\I CO or- :E o __ ___._u___ __.. ~_______. -. ----.----...---------.---.--.--.---. ----- - Agenda Item No. 16F10 June 28, 2005 Page 1 of 3 - EXECUTIVESUNrndARY Recom..endation to waive 101'lD.1 eo..petition ad .pprove negotiation of a aDD.at eontraet Dot to exeeed 5125,000 with The Ferguson Group for federallobbyiDg services. OBJECI1VE: To waive formal competition and approve negotiation of a one-year con1ract with The Ferguson Group, a federal lobbying firm with offices in Washington, D.C., and Coral Gables, Fl. That contract will be brought to the Board for approval at the July 26 regular meeting. CONSIDERATION: Collier County needs to take full advantage of funding opportunities at the federal level of go"emment. Currently, there are millions of federal dollars set aside in Washington, D.C. for allocation to counties for infrastructure needs. Recent evidence of the availability of federal funds is the transportation reauthori7.ation bill now before a conference committee comprised of Senate and House of Representatives members who are reviewing and refining details of the proposed legislation that includes $72 million in funding for the expansion of Interstate 75. -- Federal dollars are also available for wastewater and stormwater projects, ecosystem restoration, senior programs, library improvements, transit systems, bike paths, community centers, musewns, parks, airports, etc. These monies are allocated each year to county and local governments that have been represented at the federal level by ambitious and aggressive lobbyists. Without lobbying services, Collier County continues to miss numerous opportunities for federal funding simply because it is not aware of existing dollars. A federal lobbyist fIrm would match Collier County's specifIc intrastructure requirements and eligibility with available federal funding. Collier County purchasing policy Sec. 5 (a) 3 states that the Board of County Commissioners may waive formal competition when it is in the best interest of the county. In order to ensure the greatest possible success for the county in this effort in the forthcoming federal budget cycle, it is essential that the lobbyist firm be under contract and working for the cowúy not later than the begjnning of September 2005. Therefore, County Manager's Office staff has interviewed representatives of four federal lobbying finns to discuss the COWlty'S critical need for presence and consideration at the federal level. Those firms include: · The Ferguson Group · Alcalde & Fay · Lent Scrivner & Roth · Jefferson Government Relations Their respective portfolios are available in the County Manager's Office. See Debbie Wight, Assistant to the COWlty Manager. -- . ..-..,~--,~--_. Agenda Item No. 16F1 0 June 28, 2005 Page 2 of 3 Based on their qualifications, experience and credentials, County Manager's Office staff determined that The Ferguson Group is the firm best equipped with the background and resources to serve Collier County. The Ferguson Group is the largest federal representative of local government agencies in Washington, D.C. and has specialized in local government representation for more than 25 years. Currently, the firm is representing Broward and Charlotte counties at the federal level. Throughout the United States, the firm provides lobbying services for 45 cities and counties. The Ferguson Group's portfolio includes a well-documented history of successfully identifying and securing federal funding for its clients/customers. In addition, The Ferguson Group employs a number of former congressional staff members, including a lobbyist who once served as Senator Bob Graham's legislative director and chief appropriations adviser for five years. This lobbyist, who will be assigned to Collier County, is aware of the issues facing Southwest Florida and the challenges of rapid growth. Whereas many lobbyist firms assign specific staff persons to a county/city, The Ferguson Group in the interview assured that Collier County would have access to all of the firm's expertise and experience. FISCAL IMPACT: The total cost of the annual contract with The Ferguson Group is not to exceed $125,000. Funding was approved for lobbying services (federal) by the Board of County Commissioners at the May 24, 2005 BCC meeting, item 10F and discussed at the June IS, 2005, budget workshop. These funds are available in the General Fund (001). GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with this executive summary. LEGAL CONSIDERATIONS: There are no legal considerations associated with this executive summary. RECOMMENDATION: That the Board of County Commissioners waives the fonnal competitive bid process and approves negotiation of a one-year contract with The Ferguson Group for fed~ra1lobbying services. Prepared by Debbie Wight, Assistant to the County Manager Agenda Item No. 16F10 June 28, 2005 Page 3 of3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16F10 Meeting Date Recommendation to waive formal competition and approve negotiating an annual contract not to exceed $125.000 with The Ferguson Group for federal lobbying services. 6/28/2005900:00 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 6/2112005 3:30 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 6/21/20053:34 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 6122/20059:29 AM Agenda Item No. 16G1 June 28, 2005 Page 1 of 2 ~' EXECUTIVE SUMMARY Approve a Budget Amendment for $10,000.00 to fund costs incurred to complete the Security System for the Federal Inspection Station (U.S. Customs office) at the Immokalee Regional Airport. OBJECTIVE: To obtain approval of a Budget Amendment in the amount of $10,000.00 to fund costs incurred to complete the Security System for the Federal Inspection Station (U.S. Customs office) at the Immokalee Regional Airport. CONSIDERATIONS: Previously, the Board of County Commissioners, at its January 9, 2001 meeting, passed Resolution 2001-16 supporting construction of a Federal Inspection Station at the lmmokalee Regional Airport and the acquisition of any grants necessary to assist with the construction costs. The Authority obtained a $535,000 State Fast Track Grant through the Florida Department of Transportation, which was approved by Resolution 01-02 of the Collier County Airport Authority on February 1 ih, 200 I. The Board of County Commissioners approved the $535,000 State Fast Track Grant and the required 50% matching funds on February 13,2001. - A request for extension of time was submitted to the Florida Department of Transportation on Mayl5, 2003 to extend the completion date to July 1, 2004. The reason for the extension request was that the U.S. Customs Service had modified its construction requirements in light of the 9/11 attacks. The request for extension of time was approved on June 5, 2003. By July 2004 the Federal Inspection Station was substantially complete, with only the installation of the Security System remaining. The Security System installation was completed in September 2004. The Airport Authority will not be reimbursed $10,000 for the cost of the Security System from the Florida Department of Transportation since the expenditure incurred was after the extended completion date of July 1, 2004. _._-~._.~.. FISCAL IMPACT: A budget amendment is needed to transfer $10,000 from the Airport Operating fund 495 to the Airport Capital fund 496. nnm_.·..___ GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve a Budget Amendment in the amount of $1 0,000.00 to fund costs incurred to complete the Security System for the Federal Inspection Station (U.S. Customs office) at the Immokalee Regional Airport. Prepared by Debi Mueller, Office Manager, Collier County Airport Authority ,- Agenda Item No. 16G1 June 28, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16G1 Approve a Budget Amendment for $10,000.00 to fund costs incurred to complete the Security System for the Federal Inspection Station (U.S. Customs office) at the Immokalee Regional Airport. 6/28/20059:00:00 AM Meeting Date Approved By Theresa M. Cook Executive Director Date County Manager's Office Airport Authority 6/8/200510:21 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 6/10/20052:42 PM Approved By Randy Greenwald Management/Budget Analyst Date County Manager's Office Office of Management & Budget 6/13/20059:30 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 6/17/20051:01 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 6/20/200510:08 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 6/20/200512:05 PM Agenda Item No. 1611 June 28, 2005 Page 1 of 3 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE June 28, 2005 FOR BOARD ACTION: I. 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. May 14, 2005-May 20,2005. 2. May 21, 2005-May 27,2005. 3. May 28, 2005-June 3, 2005. B. I>istricts: I. Heritage Greens Community Development District: Minutes of January 24,2005; Agenda of January 24,2005; Financial Statements Unaudited December 31, 2004. C. Minutes: 1. Collier County Library Advisory Board: Agenda for May 25, 2005; Minutes of April 27, 2005. 2. Collier County Citizens Corps Advisory Committee: Minutes of May 18, 2005; Agenda of May 18,2005; 3. Conservation Collier Land Acquisition Advisory Committee: Agenda of June 13,2005. 4. Pelican Bay Services Division: Agenda ofJ une 1, 2005; Minutes of May 4, 2005; Statement of Revenues and Expenditures, period ending May 24, 2005. a. Pelican Bav Services Division Board Budget Sub-committee: Minutes of May 18,2005 5. Immokalee Beautification MSTU Advisory Committee: Minutes of April 20, 2005; Agenda of May 18, 2005; Minutes of May 18, 2005; Agenda of June IS, 2005; Fund 156 Budget October 2004 to September 2005. .- H:DataIFormat "·_"·~____",-,..>r H: DataIF ormat Agenda Item No. 1611 June 28, 2005 Page 2 of 3 6. Development Services Advisory Committee: Revised Agenda of May 4, 2005; Minutes of May 4, 2005. 7. Collier County Airport Authority: Minutes of May 16,2005; Fonn 8B Memorandum of Voting Conflict - Robert Doyle re: Hole Montes DEB Plan Update; Form 8B Memorandum of Voting Conflict - Robert Doyle re: Hole Montes Everglades Taxiway North; Form 8B Memorandum of Voting Conflict - Robert Doyle re: Hole Motes Marco Taxiway. 8. Golden Gate Beautification Advisory Committee: Agenda of May 10. 2005; Minutes of April 12, 2005. 9. Collier County Planning Commission: Minutes of April 21, 2005; Agenda of June 2, 2005. ] O. Bayshore Beautification MSTU: Agenda of June 8, 2005; Minutes of May 11,2005; Fund ]60 Budget October 2004 to September 2005. ]]. Forest Lakes Roadway and Drainage MSTU: Agenda of June 8, 2005. ]2. Collier County Historic and Archaeological Preservation Board: Agenda of May 25,2005; Minutes of March ]6,2005. 13. Golden Gate MSTU Advisory Committee: Agenda of June ]4,2005; Minutes of May 10,2005; Fund] 56 Budget October 2005 to September 2005. ]4. Caribbean Gardens Blue Ribbon Committee: Minutes of April 14, 2005. 15. Environmental Advisory Council: Agenda of June 1,2005; Minutes of May 4,2005. "- Agenda Item No, 1611 June 28, 2005 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary Meeting Date 1611 Miscellaneous Correspondence to be filed for record with action as directed, 6/28/2005900:00 AM Prepared By Date Sam Tucker Executive Aide to the BCC 6/15/20052:13:54 PM Board of County Commissioners BCC Office Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 6/16/200510:25 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 6/11/20052:14 PM ...~.~.,_._..~.._, Agenda Item No. 16K1 June 28, 2005 Page 1 of 8 /-- EXECUTIVE SUMMARY Recommendation to approve a Stipulated Final Judgment in the amount of $34,000.00 as to Parcel Nos. 162 and 762 in the lawsuit styled Collier County v. Beverly J. Gatti, et al., Case No. 03-2551-CA (Golden Gate Parkway Project 60027). (Fiscal Impact $21,448.00) OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment for payment of full compensation for the taking of Parcel Nos. 162 and 762 in the lawsuit styled Collier County v. Beverly J Gatti, et al., Case No. 03-2551-CA (Golden Gate Parkway Project 60027). CONSIDERATIONS: The County acquired the subject property by depositing the sum of $17,700.00 on October 2, 2003. The County and Respondents have negotiated a settlement of $34,000.00 for full compensation, exclusive of all fees and costs. If the settlement is approved, the County is responsible for the following amounts: · Additional Deposit/Disbursement Amount: . Statutory Attorney's Fees *: TOTAL: $16,300.00 $ 5.148.00 $21,448.00 - * Attorney's Fees are mandated by s. 73.092, F.S., and are based on 33% of the difference between any settlement amount and the initial offer, i.e., 0.33 X ($34,000 - $18,400). Attached is the proposed Stipulated Final Judgment. FISCAL IMPACT: Funds in the amount of $21,448.00 are available in the FY 2005 adopted budget. Source of funds are Impact Fees and Gas Taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Stipulated Final Judgment as to Parcel Nos. 162 and 762; 2. Approve the expenditure of funds as stated; and 3. Direct staff to pay the sum of $21,448.00 to Forman, Hanratty & Montgomery Trust Account, for proper disbursement. PREPARED BY: Ellen T. Chadwell, Assistant County Attorney ..- Agenda Item No. 16K1 June 28. 2005 Page 2 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16K1 Recommendation to approve a Stipulated Final Judgment in the amount of $34.000.00 as to Parcel Nos. 162 and 762 in the lawsuit styled Collier County v Beverly J. Gatti, et ai, Case No 03-2551-CA (Golden Gate Parkway Project 60027). (Fiscal Impact $21,448.00) 6128120059:00:00 AM Meeting Date Approved By Lisa Taylor Management/Budget Analyst Date Transportion Services Transportation Administration 6/13/200510:54 AM Approved By Eugene Calvert Principal Project Manager Date Transportations Services Transportetlon Engineering and Construction Management 6/13/2005 5:52 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 6/14/20053:10 PM Approved By Sharon Newman Accounting Supervisor Date Transportion Services Trsnsportation Administration 6/14/2005 5:06 PM Approved By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 6/1612005 8:18 AM Approved By Kevin Hendricks Right Of Way Acquisition Manager Transportation Engineering and Construction Date Transportion Services 6/16/200510:18 AM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Ofrice 6/16120053:00 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 6/16/2005 3: 08 PM Approved By Susan Usher Senior ManegementiBudget Analyst Date County Manager's Office Office of Management & Budget 6/17/20054:59 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 6120/200512:44 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 6120/2005 1 :42 PM Agenda Item No. 16K1 June 28, 2005 Page 3 of 8 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, a political subdivision of the State of Florida, Petitioner, Case No.: 03-2551-CA v. Parcel No.: 162, 762 BEVERL Y J. GA ITI, et al., Respondents. / STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, by and through its undersigned counsel, and Respondents, MARVIN E. SMITH and EVA M. SMITH, by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel Nos. 162, 762, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondents, MARVIN E. SMITH and EVA M. SMITH, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondents, MARVIN E. SMITH and EVA M. SMITH, have and recover from Petitioner, COLLIER COUNTY, the sum of Thirty Four Thousand and 00/100 Dollars ($34,000.00) for Parcel Nos. 162 and 762, as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcels; it is further Agenda Item No. 16K1 June 28, 2005 Page 4 of 8 ORDERED that Petitioner will be entitled to a credit for the good faith estimate of value previously deposited in the amount of$17,700.00; it is further ORDERED that Respondents, MARVIN E. SMITH and EVA M. SMITH, receive ITom Petitioner, COLLIER COUNTY, FLORIDA, as a statutory attorney's fee the sum of Five Thousand One Hundred Forty-Eight and 00/100 Dollars ($5,148.00); it is further ORDERED that the Court reserves jurisdiction to award expert witness fees and costs; it is further ORDERED that the Court reserves jurisdiction to award attorney's fees for supplemental proceedings, if any; it is further ORDERED that Petitioner, COLLIER COUNTY, shall pay Respondents, MARVIN E. SMITH and EVA M. SMITH, within thirty (30) days hereof, the total amount of Sixteen Thousand Three Hundred and 00/100 Dollars ($16,300.00) made payable to FORMAN, HANRATTY & MONTGOMERY TRUST ACCOUNT, C/o Vanessa Thomas, Esquire, P.O. Box 159, Ocala, FL 34478-0159 for proper disbursement in accordance with this order; it is further ORDERED that Petitioner, COLLIER COUNTY, shall pay Respondents, MARVIN E. SMITH and EVA M. SMITH, statutory attorney's fees within thirty (30) days hereof, the total amount of Five Thousand One Hundred Forty-Eight and 00/100 Dollars ($5,148.00) made payable to FORMAN, HANRATTY & MONTGOMERY, C/o Vanessa Thomas, Esquire, P.O. Box 159, Ocala, FL 34478-0159; it is further ORDERED that disbursement to Respondents, MARVIN E. SMITH and EVA M. SMITH, is subject to any apportionment claims of Respondent, Wachovia Mortgage Corporation; it is further Agenda Item No. 16K1 June 28,2005 Page 5 of 8 ORDERED that title to Parcel Nos. 162 and 762, a Road right-of-way, sidewalk, utility, drainage and maintenance easement and temporary construction easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner, COLLIER COUNTY, pursuant to the Order of Taking dated September 19,2003, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 3322, Page 0267 of the Public Records of Collier County, be dismissed as to Parcel Nos. 162 and 762; it is further ORDERED that pursuant to Section 74.051(3), F.S., the Clerk of Courts shall disburse the interest earned on the funds on deposit in the amount of $ to Collier County Board of County Commissioners, c/o Ellen T. Chadwell, Assistant County Attorney, Office of the County Attorney, 3301 East Tamiami Trail, Naples, FL 34112, less any sums retained by the Clerk of Courts up to 10% in accordance with Section 28.33, F .S.; it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, this _ day of .2005. TED BROUSSEAU CIRCUIT COURT JUDGE Conformed copies to: Ellen T. Chadwell, Esq. Vanessa Thomas, Esq. Wachovia Mortgage Corporation Bookkeeping Agenda Item No. 16K1 June 28, 2005 Page 6 of 8 JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Joint Motion for Stipulated Final Judgment as to Parcel Nos. 162 and 762. Dated: Dated: V ANESSA THOMAS, ESQUIRE Florida Bar No. 0702412 FORMAN, HANRATTY & MONTGOMERY P.O. Box 159 Ocala, Florida 34478-0159 (352) 732-3915 - Telephone (352) 351-1698 - Facsimile ATTORNEY FOR RESPONDENTS MARVIN E. SMITH and EVA M. SMITH ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 COUNTY ATTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile A TTORNEY FOR PETITIONER CERTIFICA TE OF SERVICE I hereby certify that a true and correct copy of the foregoing Stipulated Final Judgment has been furnished via U.S. Mail to the parties listed below on this _day of 2005. ELLEN T. CHADWELL, ESQUIRE Marvin E. Smith Eva M. Smith c/o Vanessa Thomas, Esq. Forman, Hanratty & Montgomery 320 N.W. Third Avenue Ocala, Florida 34478 Wachovia Mortgage Corporation flkla First Union National Bank c/o Prentice-Hall Corporation System, Inc. 1201 Hays Street, Suite 105 Tallahassee, FL 32301 ,....^'---=-,.~. ,..."..~_..........-....._, ~"~Iit> PARCEL NQ& ~ ~ClUSIVE' ROAD RIGHT-OF-wAy, DRAINAGe AND UTI~ITY EASEMENT ' A enda Item No, 16K1 EXHlBIire 7 of I /::Z 'tJ.. EXHIBI'f A IDA ..., ',,- JJo (PlAT) - \ """ OR 2ISI/111 IICIII l1li 1 tOII/l2UD .- - 'fY B' " ---¡- -r [2' ./¿¿j "hiIT jQ _WAI ~lJfT DWjQ'IID TO ./ '~ 1111 PllIPenJÃi. !1St OF IlllI'UII.JIj ~b PLAT IO(J,I! 1. PA/:l .. ~ . --""*'- !WIlT.....,....... LE~L DESCRIPTION fOR PARCEl. J62, A PORTION OF' 'lRACT 98 GD\.DEW OATE ESTATEs, UNIT 30 AS RECORDED IN PLAT 800\< 7, PAGE 58 OF THE: PUBLIC RE:CORPs OF COWER COUNTY, FlORIDA SITUATE IN SECTION 29, "QWNSHIP 411 SOUTH. /Wo Gf 28 EAST, COUJER COUNTY. FLORIDA BEING !.40A~ PARTICULARLY DP.:SCRIBEO !-Ii FOLLOWS, COMMENCE AT THE SOUTHEAST CORNER OF' SAID TRACT 96, THENce:' N.OO·ZS·OJ"W" ALONG 'THE: EAST UNE 01' SAID TRACT ga. A DISTANCE OF !lO,DO fEET, TO A POINT ON THE NORTH UN! Of" A. ROADWAY WDAENT (100', WJDE) AS PER SÁiD PLAT AND BEING THE POINT OF" BEGI~~INQ; , THENCE $,89'J1 ·J7"W.. ALOt~G THE SAlO NORtH LINE. A DISTANCE OF" 180.46 FEET, TO THE WE:Sr LINE OF LAND DeSCRIBEO IN OFFICIAL RECORDS BOOK 1+08. PAGE 12011 OF TIi!! PUBUC RECORDS OF COLUER COUN'TY, FLORIDA¡ THENOE N,OO·Z7'ðB"W.. AlONG THE SAID Wf:ST UNE'. A DISTANCE Of 33.00 FEET, , ' 'HENCE L£AVINO THE SAID WEST ~INE, N,8I1'JI'37'E.. A DISTANCE or 180.~6 FEE.T, TO THE SAlÓ. EAsT UNto THENCE S.00'28'03"£., AlONG THE SAID EAST LINE:, A DISTANCE OF 33,00 FEET, TO THf POIH'r OF BEGINNING¡ " COI'-ITAlNINO 15,111515 SQUARE; FEET, MORE: OR LESS. ----rr- TRACT III TRAcT 81 - JL-;¡¡;; ræ:- PA 011:1> "'BtfI-Df-TtAy ~\ Ø//.. " IllIIIII ! I _I """ PERPErUA~ NoN-EXCL~N! ^ RfGHT-Of'';'WA'fL D NAG! ANa tmLl"IY W"MEN PARCEL 1 82 . D,U511 .~, n. -- ~ .. .1407ìi1l- 1"RACT 11 2 -. , -, - GOLofN GATE: PAlU<WAY (CR 8811) I ÞIIIIDIr ~ PW '"" - &AllUM!: Of 81H!VE'r !! Ifr\IIIIII AlII ...,. ... _ .--......IN ' \llAl.1 ,...-,", AIoIUITIIÞIr _ "'-: =...... "II1rM, _) 'OIl >1_ lOOT 5J«(TCH II DESCRIPTION ONLY NOT ~ BOUNDARY SURVEY o r .~~ IOÅ!.I, 1'-111' ~o ~ ',Ç?-h IT. ~rl~~"iiiì.iì£l~t . ¡,w"1It PI.O IÞo\ 0!lID~ie!H"'[¡ t H9..,,610! IIINNa !tI q,o _ _ ¡::I '-- ~l,,~ rl=v:.:J'&~~r,:.¡,~~~"QI...e:.W.KII _ DT g~ ...._'1'11 !!<JIIhtHoDI1ftjv-. ~ "II ;LÞ4m:w~I~ W:"," ' La"',I"n bIIAwjf BY ,FIle NAME SItŒ'r REC . on' 1I\r:v I It... FORI CO~LlrR COUN7y OOVERi'lI.\ENT SOAIID OF COUN7Y COMMISSIONERS - GOIJ)EN (¡.TEI PA1U('lYAY nIPI!OYJJ:M¡CN1'S ' SKI!:'I'CH ... DICSCRll"frON Of': P!l!Pl'I'UAI.. NON-EXCLUSIVE ROIill ßlGUT-OP-WAY, IJRAINACII1 AND UTII.I'ry EA8JtW'2N'l' PA!lc~L !øe cOLLI!!: ¡ C;OIJNTY, PLonWA JOB NlAlBER "E\1SIoH S£CTIOH DI-DCJ1J ,,, 2 .28 O· ~....... ~ ""' '~"""''-\oI~"'''o'''''''''''''hd......"_.". PARCEl HOL") ¿, ~ TBMPoRARV DIWBWAY RE8TORAT1ON EASEMENT. - _. . (DURATION: a VlMIS~~ COMM!NCef.tI!NT QIf CON_.. _.... ""'"' I Agenda Item No.1 GK1 June 28, 2005 EXHI8 # 24~2_ EXHIBI'P A no CPlJ.T IDA :11 " ~ I14nl Q~ 2a3l/~# BIoIITIi OR 1408/1%011 .,' . IJ 11' E TIIotPoAAR'i rmIV~V.. ~TK»IIAI_, . -- fOURATiÕÑ;" is Y~æM... CO~OF ......-,I1VU11ON) " 'L TRÅC'!' 111 TRAcT 91 --- ~ftO ....0 .'II1fI'~IIf""""Yl - -- ., ---.._- '0' !lOW ICIIIIQ' _ ..... -, . GOlD GATE: PARKWAY (OR 1186) .,-.' ï.-.a.m ,~ IVI . ~ Ju.. - 1IoIs£U £ 01' 41./IM:y -r -¡-r- ...... - - G:BIacf&~J ¥£.8f'n[R r, T ... -< . LEGAL DESCRIPTION POR PARCEL 762 A PORTION OF' TRACT 1)8 GOLDEN. OATE ESTATf:$, UNIT 30 AS RECORom 1/01 PLAT aOOI( 7. PAGE 156 OF THE PUBLIC RECORDS OF COLIJER COUf-nY, FLORIDA SITUATE IN SECTION 28., TOWNSHIP 411 SOUTH. RANGE 26 E'Abi, COlLIER COUNTY, FLORJO" BL!INQ MOllE PART CU~y OEsCRIBED AS fOLLOWS. COhl!A£Nc.t AT THE SOUTHEAsT celtNER OF SAID TRÞ.cr IIBI THENCE N.OO'28'03"w., ALONG THE CAst" UN£' Of' SAID TRAèT 118, A DlSTNlCE: Of 113.00 FEETI THENCr; S.U¡¡·3t'37"W., A OISTA)JcE 0/" 89.81 Fn:T TO THE POINT OF' BEGINNING. '.' 'lm:NCe: CONTINUE S.è8'''''J7'~.. A DISTANcE OF' 22.00 F'ŒT; THENCE N.OO'2B'23"W... A DISTANCE OF 7.00 nET¡ THDlCE N.eS''''1 '.37'(., A DISTANCE OF 22.00 fUTr THENCE S.OO'28'2J"E., A OISTANC£ OF 7.00 I'"E£T 10 THE POINT OF BEOINNINO. . . CONTAlHINO 104 SQUARE F'££1', MORE OR l.ESS. .0; -. Nil ~a 011 lIOII/1' AIIl.,.", <IOIV~ ÛA.O,) I N.~II.. AIIJU~ "~-r( flAff( !lflllHòTr IYIlry lONG) fM n.o""" rAIT . NC. , ~ .~JO 8041.1111r .-.l:Ipl ~c 0 ,,__ ' .~ K~CC"""-Á/ 9·\._f~'If"'U'l t """HA ¡¡¡¡:¡ 6lu.. q ,,::-_'2.7-0'1.. ~"h:a:t =.&"~""==.&.T":;"-&- _ 0.- R - SKETCH It DE'SCRIPTlON ONLy NOT A aO~NOARY SURVEY '0111 CaLf.I/:1I CCIJNI'Y OOV£IIWMtru BCWlD 0/0' cO\.NTY COMMISSlONk"RS GOLDIN G4'1'1 PARlor..." JUPRÒVlUleN1'S S/£BTCJ/ " DI8CftlJITJOH I' 4RCI.L '7811' COL1JBR COUHTY, FLOIlJD4 JOb IM.Ie£II 01-001,.11 INOt)( 110.: Agenda Item No. 16K2 June 28,2005 Page 1 of 4 - Executive Summarv Recommendation that the Board of County Commissioners Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement Relative to the Acquisition of Parcel 187 in the Lawsuit Styled Collier County v. Patrick J. Murp¡'y, et al. Case No. 03-5270-CA (Vanderbilt Beach Road Project No. 63051). Additional Cost to County is $107,331.00 After Credit for Amount Deposited. OBJECTIVE: That the Board of County Commissioners approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement as full and final compensation to be paid for the acquisition of Parcel 187 in the lawsuit styled Collier County v. Patrick J Murphy. et al., Case No. 03-5270-CA (Vanderbilt Beach Road Project No. 6305]). CONSIDERATIONS: The County acquired the subject property by depositing the sum of $]47,300.00 into the registry of the Court on April 26, 2004. At a mediation conference held on June ]4, 2005, the County and Respondent negotiated a settlement of $228,000.00 for full compensation. If the settlement is approved, the County is responsible for the following costs: - · Additional DepositIDisbursement Amount: Expert Fees: Statutory Attorney's Fees: Clerk's Service Fee: TOTAL: $ 80,700.00 to be determined $ 26,631.00 None $107,331.00 · · · Attached is the Mediated Settlement Agreement. The amount deposited in the court registry was based on an 8-month old appraisal report. The settlement reflects the updated appraisal value and an increase in estimated damages. FISCAL IMPACT: Funds in the amount of $] 07,33 I .00 are available from the Transportation Supported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None .. RECOMMENDATION: That the Board of County Commissioners: 1. approve the expenditure of funds as stated; 2. approve the Mediated Settlement Agreement; and 3. approve the Stipulated Final Judgment which incorporates the same terms and conditions of the Mediated Settlement Agreement to be presented to the Court for entry. .,~ PREPARED BY: Heidi F. Ashton, Assistant County Attorney, Office of the County Attorney Agenda Item No.1 6K2 June 28. 2005 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16K2 Recommendation that the Board of County Commissioners approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement relative to the acquisition of Parcel 187 in the lawsuit styled Collier County v. Patrick J. Murphy, et al. Case No. 03-5270-CA (Vanderbilt Beach Road Project No 63051). Additional cost to County is $107,331.00 after credit for amount deposited Meeting Date 6/28/2005 9:00:00 AM Prepa red By Date Heidi F. Ashton Assistant County Attorney 6/14120053:49:56 PM County Attorney County Attorney Office Approved By Lisa Taylor Management/Budget Analyst Date Transportion Services Transportation Administration 6/14/20054:51 PM Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 6/14/2005 5: 12 PM Approved By Eugene Calvert Principal Project Manager Transportation Engineering and Construction Management Date Transportations Services 6/14/20055:34 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Transportation Engineering and Construction Date Transportion Services 6/1412005 6:18PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportlon Services Transportation Services Admin. 6114/20056:42 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 6/1612005 3:02 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 6116120053:14 PM Approved By Susan Usher Senior ManagementlBudget Analyst Date County Manage(s Office Ollice of Management & Budget 6/17/20052:34 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 6/2012005 9:38 AM Approved By James V. Mudd County Manager Date Board of Cou 11Iy Commissioners Count.y Managor's Office 6/201200512:07 PM ---.-----------_.-. . \.:. Agenda Item No. 16K2 June 28,2005 Page 3 of 4 IN THE CIRCtITT COURT OF THE TWENTlbTII JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIRCUIT crvn.. DIVISION COlLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No.: 03-5270-CA v. Parcel No.: 187 PATRICK J. MURPHY, et aI. Respondents. j MEDIA TED SETTLEMENT AGREEMENT At the Mediation Conference held on June 14,2005, the parties reached the following Settlement Agreement: 1. Petitioner will pay to Respond~nt, Golden Dream Investments. Inc., the sum of $ ~ ~ 8'J 0 <:) cO. 00 in full settlement of a11 clainis for compensation from Petitioner whatsoever, including statutory int~est, but excluding attorney's and experts' fees and costs. Said sum will be subject to claims for apportionment, if any. 2. Petitioner is entitled to a credit in the amount of $ \ J.t'7 :3 DO. 00 which was previously deposited in the Registry of the Court in this case 'by Petitioner. .. , 3. Counsel for Petitioner and Respondent will jointly submit to the Court for signature a mutually approved Stipulated Finål Judgment in this matter as soon as practical hereafter. . 4. Petitioner will pay Respondent the balance due of $ 8 OJ '70 ð. 0 0 within 30 days of the actual date of receipt by Petitioner's counsel of a confonned copy of the aforesaid Stipulated Final Judgment from the Court. ""' . ...~ - ..-- --.. - Agenda Item No. 16K2 June 28, 2005 Page 4 of 4 5. Collier COW1ty wiU pay $ :J.. c:; cP.3 L 0" in statutory attorney's fees pursuant to Section 73.092(1), Fla. Stat. The Court will retain jurisdiction to determine apportionment issues if any, and to determine experts' fees and costs and supplemental attorney's fees, if any. 6. This Settlement Agreement is subject to review and approval by the Board of County Commissioners of CoIHer County. 7. Attached hereto is an addendum to this Agreement. .Yes \/' No 8. ,This Agreement, dated June J4, 2005, and the attached addendum, if any, contain(s) aU of the a Þ:ttorney for Petitioner V:!~~ Meili~~ . estments, Inc. Agenda Item No. 17 A June 28, 2005 Page 1 of 5 Executive Summary Adopt a Resolution authorizing a change to Water and Wastewater Impact Fee Schedule Two of Appendix A, Ordinance 2001-13, as amended, to correct scrivener's errors in order to correctly state the square footage range in the assessment of residential water and wastewater impact fees and to state that the minimum water impact fee is $2,760 for one (1) ERC. OBJECTIVE: Adopt a resolution authorizing a change to the Water and Wastewater Impact Fee Schedule Two of Appendix A, Ordinance 200] -] 3, as amended, to correct scrivener's errors in order to correctly state the square footage range in the assessment of residential water and wastewater impact fees and to state that the minimum water impact fee is $2,760 for one (I) ERC. CONSIDERATIONS: The current Water and Wastewater Impact Fee Schedule was adopted by the Board of County Commissioners on May 24, 2005 (Agenda Item 17C, Resolution No. 2005-205), which becomes effective July], 2005. A scrivener's error incorrectly changed the square footage range for imposition of water and sewer impact fees for individually metered homes for one (I) ERC. The correct range should be 0 to 4,999 square feet. The schedule also says that for individually metered home greater than 5,000 square feet the minimum water impact fee is $2,660, but should read $2,760. Staff recommends approval of the resolution to correct the square footage range and stated minimum water impact fee. The effective date of Schedule Two of Appendix A is July ],2005. This resolution does not change that effective date. FISCAL IMPACT: There is no Fiscal Impact associated with this Executive Summary. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. RECOMMENDATION: The Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water and Sewer District, adopt a resolution amending the Water and Wastewater Schedule Two of Appendix A, Ordinance 200]-]3 in order to correct a scrivener's error. PREPARED BY: Joseph Bellone, Operations Supervisor Agenda Item No. 17A June 28, 20U5 Page 2 of 5 COLLIER COUNTY BOARD DF COUNTY COMMISSIONERS Itom Numb.r Itom Summory !7A Adopt.a Resolution authorizing a change to Water and Wastewater Impact Fee Schedule Two or Appendix A. Ordinance 2001 ~13. IS amended, La correct s.crivener'lI errors in order to correctly stale tile square footage range in the assessmen1 of re51dential water ilnd wastewater ImpAct fees ønd to state 1het the minimum water impact fee is $;2,760 for one (Ii ERe. 6128120059:00·00 AM Mooting Cote Prepared By D.-ne Jos«ph Bellone Oper3tiolU $upeNia.or &110120012:11:36 PM Public Uttlitl1!5 Public Utmties Oper~ion. Approved By The)""ts Widlllti OpltrntlonH. C!tnct()r D¡rte Public Utilitìu Public Utilities Operation.. 6/1J.i2005 3:49 AM Approved By Amv Patt.~o" Community OenloprMnt & EnvjrDnnutrltal Service." Impac1 FH Manager Date Finllncial Admin. & Housing 6113/200£ 12:3.... PM Approved By Jan16S W, Delany Public UtIli1le$ Administrator Date Pu blic Ut¡litiu Public. Utilities Administration 611312D05 2:16 PM Approved By OMS Coonfirurtor Adt"tni$trutivu A..¡.tant Dn1f1 County M,UnïJÐ6t'fõ orrjcll' OHu:.e of Mllnagemf1'n1 & l:1udget 6!14'2005 2:12 PM Approved By SU!lQrI Uuhm Senior Manag01T1enttSudgf11; Art.llyçt Dat. County Manager's Office Office of Management & BudO!!!t 6117/2005 2:-41 PM Approved By Mlf:hool 6mykows_¡ Mmut9omenl" Budde! Olr.ector Date County Mun¡ fç tlr's; Offju Ofn~e (If Mllnngl)"'tClnt &. Budgtlt illOl2005 9:.. AM Approved By Joames V, Mudd County Manager Date BOArd Dr County Cammissiont:rs County Manager" Office 6120;2005 1 :2& PM Agenda Item No. 1 7 A June 28, 2005 Page 3 of 5 RESOLUfION NO. 2005- A RESOLUfION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ADOPTING A CORRECTED SCHEDULE TWO OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, AS AMENDED, (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE) TO CORRECT THREE SCRIVENER'S ERRORS IN THAT SCHEDULE. WHEREAS, on March 13,2001, the Board of County Commissioners ("Board") adopted Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance (CIPO), which Ordinance includes Appendix A to Schedule Two attached thereto; and WHEREAS, on May 24, 2005, the Board adopted Resolution No. 2005-205 to increase the water and sewer impact fees by 3.8%; and WHEREAS, three (3) scrivener's error exists is that Appendix A of Schedule Two that incorrectly states the square footage for one (1) ERC for residential individually metered homes is from zero (0) to 1,501 square feet, but the correct range is from 0 to 4,999 square feet, and the correct water and correct sewer impact fees for living spaces of 5,000 square feet or more in individually metered residences is $2750 rather than $2660. WHEREAS, staff recommends that the Board of County Commissioners adopt the attached Resolution and its attached corrected Appendix A; and WHEREAS, the Board accepts staffs recommendations. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that: The attached Schedule Two to Appendix A to Ordinance No. 2001-13, as amended, is hereby adopted to correct the scrivener's errors. This Resolution is adopted after motion; seconded and majority vote favoring adoption this _ day ,2005. A TIEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Fred W. Coyle, Chainnan Approved as to fonn and legal suff}ciency: IÐ'^-... p~ Thomas C. Palmer, Assistant County Attorney Agenda Item No. 17 A June 28, 2005 Page 4 of 5 APPENDIX A SCHEDULE TWO - EFFECTIVE July I, 2005 WATER & SEWER SYSTEM IMPACT FEE RATE SCHEDULE RESIDENTIAL INDIVIDUALLY METERED LlVlNG SPACE (SQ.FT.) BASIS OF FEE ALLOCA TION METER SlZE ERC WATER SEWER IMPACT (E'rUvelmt RulHtltif,1 COIUUr:tfrlll) IMPACT FEE FEE 1,ili] TO 1.999 t1"'P .~~ .101Ui f.TH/' f ~ PER UNlT PER ERC 1 $2.760 $3,125 .--.-.......-...--...........-.--..-.-...-.-.........-.-...-....- -.......-.........-.......--..............-.-..-..-.......--.... --.......--...-....--..- -.--.-.-...--................. -'--"'-'-'-'--'" .....-...-----.-.-. 5,000 OR MORE (GPM·24 )/20)+ 1 iii 'Eli9 91» IiRC (OR MORE TllAN" SA 171ROOMSJ PER ERC PER ERC (GPM FROM AWWA Ml1) ..,J' ~.IÆf' $3.125 RESIDENTIAL MASTER METERED LlVlNG SPACE (SQ.FT.) BASIS OF FEE ALLOCATION METER SIZE ERC WATER b"EWER lMPACT (E'Mlvølml R......,Ùd C."rHC1JØII) IMPACT FEE FEE o TO 750 PER UNlT PER ERC 0.33 $920 $1.040 -.---...-...---.-..---- ......-----..--.---.....----........--............- "--'''--'--'''--- ---.------ -.--------- --------.-- 751 TO ],500 PER UNlT PER ERC 0.67 $1,840 $2,080 1-------.---------..---..-....-...-.-.-.-- --.....-.................-.........-...................-.-.......- ......-...-......-.-........-... .-.-.---.-..----.-- -'-'-'--'-'--- -.....-..-.-..-.-...... 1,501 TO 4.999 (ANn NO MORE THAN., SA T1/R()OM.~ PER u:srT PER ERC 1 $2.760 $3.125 1---.--------___.___..__._. -------.---.-------.--. 1--.-.--- -------.-... ......----..-.-- ----.-.- 5,000 OR MORE (GPM-24)f20)+ I IiI.\EIi9 91>1 ¡¡r.c (OR MOR1-; TIIAN., SA 11lROOMS) PER ERC PER ERC (GPMFROMAWWAM2:) 'Iirt_ TrJJff' $3.125 NON-RESIDENTIAL WATER METER SlZE ERC RANGE WATER IMPACT FEE SEWER IMPACT FEE OR CCH'SD EQ[/fI/ALENT (lbmltd ERa lø ,he Nftllat 'mill) MIN MAX MIN MAX 0.75 0.0 1.0 $2.760 $3.125 ----.--.-------....-.......--..--..----.- -..--...-....-......................-.......--.-...-........ .::::=:::!~~~?==:=J====~~~=:::=:: --.-.--.....-.- --.-.-.---....- 1 1.1 2.5 $3,<138 $7,813 -..--...--....--.......-...---..-..-....-...-..-.... .................................................-.....-...................... ..-.-....---.--...- ----"-'-'--'-'" 1.5 2.6 5.0 $7.176 $13,800 $8.125 $15.625 -.---.--.--"--...-.--.--..--.---...-..-...-...- ..-.....-.......-.............................-..-.......-..-.......... .....-.................-.............. .-........-.......--.-.....--... .-.--.-.---.-...-.-- ...--.-..-..-......... 2 5.1 8.0 $14,076 $22.080 $15,938 $25,000 -'-"--'--'-'''''-----'''''''--'''-'''''' ...--..................--...-.....-.-...-.............. --...........-........................ .-...--...---.....-.--... !---.----..--.- --.....----... 3 8.1 54.9 $22,356 $151.524 $25.313 $171.563 ----------.---.---.-.--... ...-..........----.-.......-...-.-...-................... ----.---.-.--- .-...--------.-- i-.-----.-----.. .--.----.....- 4 55.0 128.9 $151,800 $355,764 $171,875 $402.813 -.......-..-.----...-..........--.............---..--... ...................-...........................-.........---............. -..-...........................-.- .......................-.......-............. ......-----...-.--..-- .....-..-.--...-....- 6 ]29.0 357.9 $356,040 $987,804 $403.125 $1.118,438 ·-·-·---·--·8·-----..---·-·-·--·--·--..-·- ..-..-·3sš7õ..-....-.....-·-..-·..-6ÕÕ.Õ-·-·..·-·- -....·s98š7õ8Õ--.. "'-'---šï,óš'6,õõõ-"--- ------.---- "'-¡¡;ã':¡5~ÕÕO-'-' $1,118,750 Agenda Item No. 17A June 28, 2005 Page 5 of 5 PROPOSED APPENDIX A SCHEDULE TWO - EFFECTIVE July 1, 2005 WATER & SEWER SYSTEM IMPACT FEE RATE SCHEDULE RESIDENTIAL INDIVIDUALLY METERED LIVING SPACE (SQ.FT.) BASIS OF FEE ALLOCA TION METER SIZE II ERC WATER ~EWER IMPACT (Efllivølntl RøùlnuìøJ C.,,,,,eaUHr) IMPACT FEE FEE I I o TO 4,999 ~,m I ~'" I I t $2,760 (AND NO MORE 11MN .¡ SA 17IROOM.\) $3.125 ----...----.........--.--...---.- ..-----..--.-.-------.---..--- ·---·-·---·-1-------..·-·-·-·--..· .-.---.-.....-..... .....-.-......--......-.- 5.000 OR MORE I (GPM-24)/20)+1 BASED ON ERC (OR MORE TllAN <4 BA nIROOMS) PER ERC PER ERC (GPM FROM AWWA M221 I Minimum $2,760 $3.125 RESIDENTIAL MASTER METERED LIVING SPACE (SQ.FT.) BASIS OF FEE ALLOCA TION METER SIZE 1(E'.'_nlR;~~C""''''''' WATER ~EWER IMPACT IMPACT FEE FEE --7S~~~Goo-- -~= -~i:::Z-~ ~::-, I--},~~- $1,040 -----....... $2,080 ----t---T- ----;---- -'---'-- ! I _~w;~~~----'=~ -~GP:2~;;~ .,,:':::- $3.125 --...--....---.- (ORM(JRETHAl'NRA171ROOMS) PER ERC PER ERC i (GPM FROM A WWA M22) Mini""'m $2,760 $3,125 NON-RESIDENTIAL WATER METER SIZE ERC RANGE WATER IMPACT FEE SEWER IMPACT FEE OR CCH·SD EQU¡FALENT (RUM'" £RCs fø t., "HIm kMlt) MIN MAX MIN MAX 0.75 0.0 1.0 $2.760 $3.125 ----.----.-......---..--.-..-....--........-...... ...-.....---.-.---.-...--...........-.-----. -""'-$jJJ36 -'-"-'I-'''---$-6~ÕÕ----'''' ·--"$j;·438·--·--T··"··""'S7.Sï'j--·"··- I 1.1 2.5 .---..-....-.--...-..--........--...........-...........--.--. ....................-................--.................--......-....... ..........----........ .-----.....---.....---... ..........--..-----.-... ...........-.-.-...-......... 1.5 2.6 5.0 $7.]76 $13,800 $8,125 $15.625 .--..-.-.....-......-.--......................-..................-.-... ...-.-..........---.--........-....-..........-.-...---- -n';õ;¡---I--š22.õw-t-.i5.m-' "--";,00-'-'- 2 5.1 8.0 ...---.--...-.--...........-............-.....----.-...-. ..----.-.......-.-......--...-.-.-.----...-.- ---.----.-....-.- ---.--.-...----.-... .--.-......----.--- .---.-.----.-.-...- 3 8.1 54.9 ==!1~1~Yo~·==I=~-=~;:~~; -'=~l= $~~~',i~:=:= - ;;'~~iT: -:~ ---...----.......-.....--...........-....--... --.............-.-..-.-...-.-..----.---- ., 55.0 128.9 --....---....----.-..-.....----......- ...-...--.---..--...........--....---. 6 129.0 357.9 $356,040 5987,804 $403.125 $1.118.438 ..---.--....-..--...-.-....-.....---....-.....- ·----j5s""1T·-----..·--600:õ-.....-- --·..-¡9ãã;õš·õ--.. ----Ší, 656.~--t· $1,118,7'50--- -fï,ã75,OOO --- 8 Agenda Item No. 178 June 28, 2005 Page 1 of 7 .,,""'-'" EXECUTIVE SUMMARY Recommendation to adopt an Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance No. 2003- 61, as amended which is Article II of Chapter 49 of the Collier County Code of Laws and Ordinances, incorporating changes to the Fee Payment Assistance Program based on direction by the Board of County Commissioners OBJECTIVE: That the Board of County Commissioners adopt an Ordinance to amend Ordinance No. 2003-61, which is Chapter 49 of the Collier County Code of Laws and Ordinances pertaining to changes to the Fee Payment Assistance Program, as previously directed. CONSIDERATIONS: On November 18, 2003 the Board of County Commissioners (Board) adopted Ordinance No. 2003-61 establishing a Fee Payment Assistance Program to reduce the economic effects of increased impact fees. .- On January 25, 2005 the Board directed staff to review the current Fee Payment Assistance Ordinance and develop new policies and regulations pertaining to entities that do not pay property taxes but wish to participate in the Program, such as buildings on leased government property, airports, not-for-profit charitable organizations, etc. Under current regulations, such companies are not precluded fÌ'om participation in the Program, but since the Program is dependent on replenishment by the ad valorem proPerty taxes paid to General Fund and Tax Increment Financing Funds (where applicable), the exemption fÌ'om payment of such taxes places an undue burden on the remaining taxpayers. Currently, $950,000 of budgeted General Fund revenue is allocated to the Fee Payment Assistance Program per fiscal year. During discussions at the adoption hearing for the Program, the Board recognized that the businesses utilizing the Program, to relocate or expandwithiil Collier County, would be paying property taxes and through that mechanh;rn wouldµltimatelyre-pay the County's investment made via th,uayment of the impact fees. At that time, the Program did not contemplate nor exclude businesses that do not pay property taxes such as leased buildings on airport or government land or charitable organizations. "Buildings on leased land" are different fÌ'om Charitable Organizations in that they are required to pay tangible personal property taxes based on the value of the specified buildings, equipment, etc. multiplied by the current millage rate. Therefore staff -- Fee Payment Assistance Program Page 2 Agenda Item No. 178 June 28,2005 Page 2 of 7 recommends that "tangible taxes", related to the qualifying subject developments utilizing the Program that do not otherwise pay property taxes, be identified as an additional funding source for the Program. This will allow the fund to be replenished as well as continuing to promote job creation and community development on government property. Provisions for Charitable Organizations will be addressed through a separate amendment to Chapter 74 of the County's Code of Laws and Ordinances that pertains to impact fees, and will no longer participate in the Fee Payment Assistance Program. Additionally, the current provisions of the Fee Payment Assistance Program also provide for the calculation of the incentive award based on the capital investment (land and buildings) multiplied by the current millage rate and then by 10 or 15 years depending on the physical location within the County. In the case of many of the manufacturing and industry-related jobs that may relocate to the Immokalee Airport, the new construction and related capital investment (land and building) may be relatively low due to the industrial nature of the construction, but the new business may have a large capital investment of equipment. The present exclusion of equipment ftom the capital investment calculation reduces the overall investment component and therefore reduces the potential incentive award. Since the equipment is essential to the viability of the new or expanding businesses, the inclusion of equipment in the capital investment calculation will allow for the maximum incentive award and utilization of the Program while increasing the replenishment to the General Fund. FISCAL IMPACT: This program utilizes a combination of budgeted General Fund revenue and budgeted revenue associated to the Tax Increment Financing Funds for those projects located within the Community Redevelopment Area (CRA), the details of the funding for the Program were set forth by Ordinance 2003-61, as amended, and is subject to the availability of funding for each subsequent year of the program. Staff recommends that use of tangible taxes related to the projects that do not otherwise pay property taxes be identified as an appropriate funding and repayment strategy for this Program. At no time can the economic incentives to qualifYing companies be greater than the impact fees applicable to the applicant's project. Additionally, this change to the current Fee Payment Assistance Program does not include a request for additional funding, as the Program has an annual budget of $950,000 per fiscal year, based on the availability of funding. GROWTH MANAGEMENT IMP ACT: . This application is consistent with the Economic Element of the Growth Management Plan, specifically Objective 1.3 that states: "Collier County will support programs which are designed to promote and encourage the recruitment of new industry as well as the expansion and retention of existing industries in order to diversifY the County's economic base." Fee Payment Assistance Program Page 3 Agenda Item No. 178 June 28, 2005 Page 3 of 7 LEGAL CONSIDERATIONS: The proposed text changes to amend Chapter 49 of the Collier County Code of Laws and Ordinances are internally consistent, comply with all applicable constitutional and general law, and are legally sufficient for Board consideration and approval. RECOMMENDATION: That the Board of County Commissioners adopt the attached Ordinance, amending Ordinance No. 2003-61 which is Article II of Chapter 49 of the County's Code of Laws and Ordinances, incorporating changes to the Fee Payment Assistance Program, which will become effective after filing with the Florida Department of State. Prepared by: Amy Patterson, Impact Fee Manager, Financial Administration and Housing, CDES ---- ...._-~_._- - ..---,--.. -_.-.-_..._-~ ~--~-~-.... .'. . Item Number Item Summary Mooting Oato Agenda 11em No. 17ß June 28. 2005 Pnge·4 oj 7 COLLIER COUNTY ¡¡OARO OF COUNTY COMMISSIONERS 176 Recommendotion to adopt an Ordlnðnce of 1he Board of County Commissioners or CollIer County. Florida, a)'Oending Ordinance No. 2003-61, S$ amended which i, Article II ot Chapler 49 or the Collier County Code of Law5 and Ordinances. incorpora1ing chal1ges to the Fee Paymenl Assistance PrDgram based on direction by the Board of County Commissioners 6126/2005 9 00 00 AM Prepared By 6110/20053:5·1 :06 PM Amy Patterson Community Development & Environment..' Services Da1. Impllct Fee Manager Fi"~UI(:i..t Admin. & Hou:¡¡inU Cat. Approved By Sandrft Lit!! Cummunity Ol!v.t OP"l4trft & Etwiwomll!ntal Sp.('\Iiclttl E,..er;utive SecrV1ary Community OevulQJllnullt.\ Erlvirnnnumt.1 SlIrvice!t. Admin, 6/151200' 11: 08 AM Dot. Appro..d By COl1st.nce A. Johnson Community DeveioplnCl:tIt. &. E"vjronrncrflt,,' Services Operations Analyst Com,nu,'¡ty DOlJølopmMt & Envir1Jn!nelntel SI1t'YiCEtIO Admwl. 6/U/;lDD5 2:"2 PM Da1. Appro.ed By Patrick G. White County Attorney A1U¡¡8tlllnt County Attorney County Attomey Office 6/16/20053:12 PM Dilte Approved By Dflnton Ehlker Community Development & Environmental Servk:e. Flllunciul Admin & H¡)ua¡I'\g Direl~t(lt' Financial Admin. & Hot.lsin{ 6/17/20053:22 PM Date Appro.ed By J(I1Þ~Jlh K. SI~hlYlin Community Dflvltloprnenl: & Environmltntal Serv~ce.s Community DevCtlopment & Environmental Services Admins'rator Communltv D( velopmllnt & EnvironmentQI Servjc~1I Ad,"hl. 6120/20059:42 AM Date Appro't'ed By OMB Coordinator County Manager's. Office Adminis;trative Alòsistilnt Otrice 01 Management & Budget 6/20/200510:52 AM D¡)t~ Approved By Mk:høll~1 S",ykowtlk County Mp,n..ager's Office M..na!l~mr."t &. Budtwt Díf(t(;tar Office of Man.1lgement " Budget 6./20/200S ";22 PM D"'. Appro.ed By Jømt'S V, Mudd Board at Comity Commlt.'f,ioIIEl'nô Count)' Man..oer CDunty Mtt'lft{lfl"S onictJ 6/20/2005 5:"'0 PM Agenda Item No. 178 June 28, 2005 Page 5 of 7 ORDINANCE NO. 2005 . AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2003-81, AS AMENDED, WHICH IS CHAPTER 49 OF THE COUNTY'S CODE OF LAW AND ORDINANCES, BY AMENDING SECTION 48-23 PERTAINING TO THE FEE PAYMENT ASSISTANCE PROGRAM AND SECTION 49-24 PERTAINING TO IMPLEMENTATION AND EXCLUSION FROM OTHER SIMILAR PROGRAMS; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFUCT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on November 18, 2003, the Board of County Commissioners of Collier County, Florida adopted Ordinance No. 2003-61 establishing a Fee Payment Assistance Program to mitigate the economic effects of increased Impact fee rates; and WHEREAS, Chapter 125.01 (1)(t), Florida Statutes authorizes the Board to enact ordinances necessary for the exercise of its powers; and WHEREAS, the inclusion of equipment as a component of the required capital invesbnent calculation will anow for optimum utilization of Program funds for qualified applicants and further promote economic development in Collier County; and WHEREAS, participants in the Fee Payment Assistance Program may not participate In the Property Tax Stimulus Program and similarly may not participate In the Charitable Organization Waiver Program set forth by Section 74-203 of Chapter 74 of the Collier County Code of Laws and Ordinances: and WHEREAS, enactment of the following amending ordinance wHI be in the public Interest and serve a valid public purpose by adding a necessary correction to the calculation requIred for implementation and award of the incentive related to the aforementioned program. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that SECTION ONE. Article II, Section 49-23 (a) (1) (f) of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 49·23. Fee Payment A.ulatance Program. . . . f. The total capital investment of the expansion or relocation project Including land~ aRG building. and eauhxnent costs; and . . . Pap 1 of3 Underlined text Is added; elFullk Ihrw R text Is deleted. Agenda Item No. 178 June 28. 2005 Page 6 of 7 SECTION TWO. ArtIcle II, Section 49-24 (a) of the Collier County Code of Laws and Ordinances Is hereby amended to read as follows: SectIon 4944. Implementation. (a) Under this fee payment a88i8tance program the eligible bU81ness will pay Its tax bUI In full to the tax collector's office annually, on or before the date it is due. The program obligation period will be no longer than ten years If the project is located outside the rural federal enterprise community (hereinafter "enterprise community"), or no longer than 15 years If the project is located within the enterprise community. Companies located in a high impact area, that Is an area outside the entèrprise community and eastern Collier County, must be pre-approved for program participation by the board of county commissioners and, If 80 approved, are obligated to this program for a maximum of ten years. Companies will be eligible for an Incentive award which will be calculated by multiplying the above-described total capital investment by the current millage rate then multiplied by either ten (projects located In areas outside the enterprise community) or 15 (projects located within the enterprise community). The Incentive award may not exceed the dollar amount of the impact fees due for the project. Arty payment made under this program Is subject to funding avaßablllty. A development project participating In the fee payment assistance program Is not eligible to al80 participate In the property tax stimulus program or the charitable organization waiver Droaram that may be offered by the county. . . . SECTION THREE. CONFUCT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or any other applicable law. the more restrictive shall apply. If any phrase or portion of this Ordinance Is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate. distinct and Independent provision and such holding shall not affect the validity of the remaining portions. SECTION FOUR. INCLUSION IN CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be re-numbered or re-Iettered to accomplish such, and the word ·ordlnance" may be changed to ·section", "article", or any other appropriate word. Pa¡e 2of3 Underli1ed text Is added; .wile tÁNlWl1I text Is deleted. .-._-~- Agenda Item No. 178 June 28, 2005 Page 7 of 7 SECTION FOUR: EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this _ day of , 2005. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: FRED W. COYLE, Chalnnan Deputy Clerk Page 3 of3 Underlined text 18 added; 1IfW8k !AFQwøll text 18 deleted. Agenda Item No. 17C June 28, 2005 Page 1 of 10 ,-"'" EXECUTIVE SUMMARY Recommendation to adopt an Ordinance of the Board of County Commissioners of Collier County, F1orida, amending Chapter 74 of the County's Code of Laws and Ordinances, as amended by Ordinance No. 2001-13 (the Collier County Consolidated Impact Fee Ordinance, as amended), providing for an increase in both the cumulative and individual annual amount of impact fee waivers provided to charitable organizations, a maximum amount of waiver eligible to qualified applicants and the maximum amount that may be carried forward as a program balance in accordance with previous direction provided by the Board of County Commissioners OBJECTIVE: That the Board of County Commissioners (Board) adopt an Ordinance to amend, Chapter 74 of the Collier County Code of Laws and Ordinances, the Collier County Consolidated Impact Fee Ordinance (CIFO), 2001-13, as amended, pertaining to changes to the Charitable Organization Waiver Program, as previously directed by the Board. - CONSIDERATIONS: On October 9, 2001, the Board of County Commissioners adopted Ordinance No. 2001-54, amending Ordinance No. 2001-13 establishing a program authorizing waivers from payments of impact fees for specified, tax exempted, non-religious, not-fur-profit, charitable entities that provide specified services of substantial benefit to low income residents of Collier County (Charitable Organization Waiver Program). The Charitable Organization Waiver program currently provides $7,500 of impact fee payment assistance to qualified applicants and a program total of $100,000 per fiscal year of dedicated funding, with any unused portion of the annual allocation being rolled forward and added to the running program balance. Over the four years since the beginning of the program, only four organizations have been granted impact fee waivers by the Board of County Commissioners. Those organizations are as follows: The Neighborhood Health Clinic, Hospice of Naples, Planned Parenthood of Collier County and Collier Health Services, Inc. Other charitable organizations have expressed interest in participating in the program, however, impact fee rates have increased significantly since the inception of the waiver program, and the current cap of $7,500 per applicant does not even cover the impact fees assessed for 1,000 square feet of a new building. In reality, impact fees assessed for a new office of 5,000 square feet are in excess of $70,000, with the costs of new medical offices being appreciably higher. - CIFO - Charitable Organizations Page 2 Agenda Item No. 17C June 28, 2005 Page 2 of 10 On January 25, 2005 the Board directed staff to review the current provisions of the CIFO, related to the Charitable Organization Waivers, and recommend changes that allow for better utilization of the Program. Staff has reviewed the provisions of Section 74-203(i) of the Code of Laws and recommends the following changes which are incorporated into the proposed Ordinance amendment: · The annual cumulative funding total for the program is increased from $100,000 to $200,000 · Unexpended funds may be carried-forward to a maximum balance of $500,000. Currently there is not an established maximum balance. · An applicant may receive a maximum waiver of $100,000, or 50% of the available funding, whichever is less. Currently applicants may receive a maximum waiver of $7,500. The amount of impact fees waived may not exceed the amount of impact fees assessed. and otherwise required to be paid. · Participants in the Charitable Organization Waiver Program may not participate in the Fee Payment Assistance Program, set forth in Chapter 49 of the County's Code of Laws. In conclusion, the Charitable Organization Waiver Program provides impact fee assistance to not-for-profit organizations that provide services that directly benefit the residents of Collier County and therefore serves a valid public pmpose. The changes recommended by staff do not change the original intent of the program but rather provide an update to the real costs of impact fees that would otherwise be paid by the charitable organization. Additionally, the amended provisions prevent applicants from participating in more than one of the County's impact fee-related incentive programs. This requirement he1ps to ensure that the incentives are awarded fairly and equitably to qualified applicants. FISCAL IMPACT: This program is funded by interest earned by the impact fee trust funds and "impact fee waivers granted by the board shall be paid from accrued interest from each trust fund affected by the waivers" [74-203(e)]. The program is subject to the availability of funding, which is monitored by the administrators of the-.respective impact fee trust funds. Program waivers will not be granted in excess of the specified limits set forth by the program or beyond the funding that is available for each of the affected impact fee trust funds. Additionally, organizations participating in the Charitable Organization Waiver Program must maintain their not-for-profit status and continue to provide services of substantial .- CIFO - Charitable Organizations Page 3 Agenda Item No. 17C June 28, 2005 Page 3 of 10 benefit to the residents of Col1ier County. If the use of the property or the not-for-profit status of the qualifying development changes, the impact fees that were otherwise waived through the program will immediately be due and payable. GROWTH MANAGEMENT IMP ACT: This application is consistent with the Economic Element of the Growth Management Plan, specifically Policy 1.1.1 that states: "Collier County will encourage the development of diverse cultural facilities through public, private or public/private partnerships that meet the need of the resident and visitors of the county" and Policy 1.1.2 that states: "Collier County will support the opportunity for development and establishment of hospitals nursing homes and additional medical related facilities in order to promote a continuum of care to enhance the quality of life throughout the County." LEGAL CONSIDERATIONS: The proposed text changes to amend Chapter 74 of the Collier County Code of Laws and Ordinances are internally consistent, comply with all applicable constitutional and general law, and are legally sufficient for Board consideration and approval. RECOMMENDATION: That the Board of County Commissioners (Board) adopt an Ordinance to amend, Chapter 74 of the Collier County Code of Laws and Ordinances, the Collier County Consolidated Impact Fee Ordinance (CIFO), 2001-13, as amended, pertaining to changes to the Charitable Organization Waiver Program, as previously directed by the Board, which will become effective after filing with the Florida Department of State. Prepared by: Amy Patterson, Impact Fee Manager, Financial Administration and Housing, CDES ----...----- ----- - ,- ttem Number Item Summ.ry M..tlng D.t. Agenda Item No. 17C June 28, 2005 Page 4 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17C Recommendation 10 adopt an Ordinance of the Board of County Commissioners of CoHler Counly. Florida, amending Chapter 74 01 the County·s Code of Laws SInd Ordinances, 81 amended tty Ordinance No, 2001·13 (the Collier County Consolidated Impact Fee Ordinance. 8S emended). providing for an increase in both the cumulative and individual annual amount of impacl fee waivers provided to charitable organlzatlo\ls, B mlximum amount of wøivl'Jir eligible to' qUðlified apphcants and the maximum amount that may be carried forward as a program balance in accordance with pfevious dtrf!ction pmvided by Ihð Board of County COmmiti5ionef"i 6/2B/2005 9:00;00 AM Prep.red By 6/10/2005 3:~a:l~ PM Amy P.tterson Community DevlI'lopment & EnVlrD"monl.ar Service!. O;ße Imp<ÞCt Fee Manager Flnaneial Admin. " Hou!IoinU Out.. Approved By Sandra La. COI1101un Ity Oevelopm.nt & Environment.1 Service'l1 Executivt! S~lcr.tl1ty Community DevC!lopmel1t & Environmental Sarvices Admin. 6/15/2005 11 :Ot AM Date Approved By Constønce A. Johnson C<lInntlUllty DnvuloplTI(~flt & Environlnental Snrvice:s Opcr.tlons AnltlY1ôt Cotnrnll ) ty Devnlopmeol ... Envinmtnuut.1 Servicos Adl_ljn. ./16/2006 2:~~ PM Dol. Approved By POItrick G. WhIle County AUorn(!y Anistant County Attorney Counl)' Attornmy Dffk.4I' 6/1612005 ~:12 PM D;I:Ite Approved By Denton Suker Community Development & Environmental Service.. FiniWci:líll Adroin & HOlU.jOg Director J:inl1,u:lo'Il Admin. '" HouKlng 6/17/20053:51 PM DII1e Approved By Jonph K. Schmitt Carnmunlty Dnv(!loþI'Tl(tllt & Envlralltnenbat Servìcttß Commulljty Developmttnt & E,wironmental 50rvice5 AdrnlnstratDr Community O.lIlIlopmunt '" Env'n)lmlCnt.1 Servlce$ Admin_ 6/13/20068:15 AM D¡¡te Approved By OMS Coordinatof County Manuf Itr'1t Office Adminl..traUve Assistant O"ït:t!' nt M.nagement &. Budflct 5/20/200610:52 AM Date Approved By Michael Smykows.kì County M.anngf¡f','; Office Management & Budget efredor 0111c~ 01 MUIIIIV1Hnent & Budgflt &l2D./2oo5 4:13 PM DatU' Approved By Jamu V. Mudd B(lord of County Commissioners County Mnnngør County M~1I\"1'.r'_" Office 6/20/20056:48 PM Agenda Item No. 17C June 28, 2005 Page50f10 ORDINANCE NO. 2005 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLUER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF THE COUNTY'S CODE OF LAW AND ORDINANCES, AS AMENDED BY ORDINANCE NO. 2001-13 (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, AS AMENDED), PROVIDING FOR AN INCREASE IN BOTH THE CUMULATIVE AND INDMDUAL ANNUAL AMOUNT OF IMPACT FEE WAIVERS PROVIDED TO CHARITABLE ORGANIZATIONS; PROVIDING FOR A MAXIMUM AMOUNT OF WAIVER ELIGIBLE TO QUALIFIED APPLICANTS; ESTABLISHING A MAXIMUM AMOUNT THAT MAY BE CARRIED FORWARD AS A PROGRAM BALANCE; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES: PROVIDING FOR CONFLICT AND SEVERABILITY¡ AND PROVIDING AN EFFECTIVE DATE WHEREAS, on March 13, 2001, the Board of County Commissioners of Collier County adopted Ordinance No. 2001-13, the ·Collier County Consolidated Impact Fee Ordinance,· which is Chapter 74 of the County's Code of Laws and Ordinances; and WHEREAS. on October 9, 2001, the Board of County Commissioners adopted Ordinance No. 2001-54, amending Ordinance No. 2001-13 to establish a program authorizing waivers from payments of impact fees for specified, tax exempted, not-tor-profit, charitable entities that provide specified services of substantial benefit to low income residents of Collier County (Charitable Organization Waiver Program); and WHEREAS. the maximum waiver amount was limited to $7.500, per applicant and $100,000 for the total first year program, with any unused portion being rolled forward to the next year and added to the $100,000 annual budget; and WHEREAS, Impact fee rates have increased signlflcantly since the inception of the program in 2001; and WHEREAS, it would be in the best Interest of the program, as well as the residents of Collier County, to provide an Increase in the maximum waiver for which an applicant Is eligible as wall as the annual budget for the program; and WHEREAS, the ·Charltable Organization Waiver Program" provides impact fee assistance to not-for-profit organizations that provide services that directly benefit the residents of Collier County; and WHEREAS, Chapter 125.01(1)(t), Florida statutes authorizes the Board to enact ordinances necessary for the exercise of Its powers; and WHEREAS, enactment of the following amending ordinance will be in the public Interest and serve a valid public purpose by adding a necessary correction to the calculation required for implementation and award of the incentive related to the aforementioned program. Page 1 of6 Underlined text Is edded; ."IIK tl:lFeWgl:I text Is deleted. Agenda Item No. 17C June 28, 2005 Page 6 of 10 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that SECTION ONE. Article II, Section 74-203 (I) of the Collier County Code of Laws and Ordinances is hereby amended to read a8 follows: Section 74-203. UN of Funda * * * (I) Impact fee waivers available to charitable organizations and charitable trusts. These Impact fees waivers are avaUabJe only to eligible to npt-for- profit, charitable entities as specified herein. The cumulative total of all not-for-proftt waivers In eaå\ of the county's fiscal years shall not exceed $100,000.00$200.000. If the total amount of Impact fees waived pursuant to these provisions In a fiscal year Is less than $100,000.00 $200.000 (or is less than the higher total In the funding account for that flscal year because of prior cash carrying-forward) some or all of the sum of money not waived can be carried forward and thereby be added to the $100¡00Q.ggS200,OOO. to a maximum balance of $500.000. for funding for the next fiscal year. Neither impact fees collected by the county for educational facilities nor fire impact fees shall be waived under these provisions. (1) Entities eligible for waivers. These waivers are available only to charitable, not-for-proflt entities that provide services of substantial benefit to low Income or very low Income residents of the county at no charge or at reasonable, reduced rates, and no part of the net eamlngs of the entity shall Inure to the benefit of any private shareholder or individual, and the entity complies with at least one of the following: a. The entity Is described In subsection 501 (C)(3) of Chapter 26 of the United States Intemal Revenue Code as a corporation, a community chest, a fund, or a foundation, organized and operated exclusively for charitable purposes, or for prevention of cnJelty to children, and Is then exempt from taxes under Section 501 (8) therein; or b. The entity 18 described In Subsections 501(C)(4)(A) and (B) of Chapter 26 of the United States Intamal Revenue Code as either a Civic League or an organization not organized for profit, Is operated exclusively for the promotion of social welfare, and is exempt from taxes under Section 501 (8), therein; or Pas. 2 of6 Under1lned text Is added; IMFuek "",wl" text II deleted. -_.,_.._-.~--^._,.._---,-- ....- ---~~ Agenda Item No. 17C June 28, 2005 Page7of10 c. The entity Is described In Sub8ectlon 501 (C)(20) of Chapter 26 of the United states Internal Revenue Code as an organization or trust, the exclusive function of which is to form part of a qualified group legal services plan or plans within the meaning of Section 120 as referenced therein; or d. The entity is a hospital, a cooperative hospital seMce organization, a medical research organization, or similar organization under any provision within (or referenced) in Section 501 of Chapter 26 of the United States Intemal Revenue Code and the entity Is exempt from federal income taxation; or e. The entity is then exempt from Florida's annual and nonrecurring intangible taxes pursuant to F.S. § 199.185{4), as a ·Charitable Trust" and at least 95 percent of Its Income Is paid to one or more of the above--listed federal tax exempt entities. (2) Amount of waivers available to applicants. Subject to not exceeding the amount of impact fees paid (or to be paid) by the applicant to the county, the applicant may request waivers of all impact fees that are waivable under these provisions, but no applicant shall be granted more than $7,100.00 $100.000. or fiftv-oercent of the available fundine. which ever is less. of not-for...proflt waivers. (3) No construction that has obtained an affordable housing waiver under this article shall be eligible for any waiver under these provisions. No construction that has been granted a waiver under these provisions shall be eligible for any county affordable housing waivers. (4) Applications for waivers pursuant to this section 74·203. a. Except as specified in this subparagraph a., the applicant must file a written waiver request application to the county manager not later than concurrently with payment of the respective Impact fees. The county shall not accept any such applications after the respective impact fees have been paid to the county except in those Instances when the Collier County building permit that authorized the respective waiver eligible development was Issued after September 7 2001 and before October 13, 2001 and the development paid the applicable impact fees In full. The applicant can avoid payment of impact fees (up to the maximum amount of impact fees that may possibly be waived for that applicant) only when it is possible that the board may grant the requested waiver before the respective impact fees become due and payable to the county. The application must prove Page 3 of6 Under1lned text 18 added; ,wok !luceuø" text Is deleted. Agenda Item No. 17C June 28, 2005 Page8of10 all of the applicable above-specifted elements that render the entity eligible for the requested waivers. Including the required tax exemptlon(s). The county manager may request additional Information deemed appropriate to ascertain the applicants eligibility for the requested waivers. including criteria noted In F.S. §§ 196.195 and/or 196.196. b. No priority shall be given to any application based on any "first come, first served" basis. The county manager shall review each application to determine eligibility for the requested waivers. Within 30 days after receipt of the application, the county manager should Inform the applicant in writing whether the appllcaUon Is complete. If the application Is Incomplete, the application may be retumed to the applicant, specifying In writing why the application falls to prove that the entity Is eligible tor the requested waivers. After receipt of such notice, the applicant shall have an additional 30 days to re-submlt an amended application. Failure to meet this deadline shall void the appllcanfs eligibility for the requested waivers unless an extension is granted for good cause at the county manager's discretion. c. After an application 18 detennlned by the county manager to meet the above-specified minimum filing requirements, the county manager shall prompUy place the application request on the county's manager portion of the board's agenda. The fiscal year In which the waiver application Is granted or denied by the board shall be the fiscal year that applies to the application. The executive summary shall specify the criteria deemed by the county manager to render the applicant eligible (or Ineligible) tor the requested waivers. and shall Include the county manager's recommendations whether the board should grant the request In whole or in part. or should deny the request, along with a proposed resolution that may be· adopted by the board that contains specific findings that the applicant Is (or Is not) eligible for the raquested waivers. No resolution shall apply to more than one applicant. Waivers granted shall be final and vested immediately upon adoption of the resolution. (5) Not-tor-profit waivers are discretionary and the board's decisions are flnal. (6) The county manager may adopt additional generally applicable procedural rules with regard to application requests provided those rules apply to all similarty situated P.40f6 Und8l11ned text" ødded; IW8k ......11" text II deleted. Agenda Item No. 17C June 28, 2005 Page 9 of 1 0 applicants and do not Impose additional mandatory eligibility requirements upon any applicant. ill No construction that has aDDlIed for or obtained Fee Pavment Assistance Fundlna under ChaDter 49 of the Collier County Code of Laws and Ordinances shall be elialble for anv waiver under these DrOVisions. No constNction that has been aranted a waiver under these DIOVisIons shall be ellaible for anv county fee oavment _¡stance fundina. . . . SECTION TWO. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinal)C8 of Collier County or any other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate. distinct and independent provision and such holding shall not affect the validity of the remaining portions. SECTION THREE. INCLUSION IN CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be re-numbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Florida Department of State. Page S of6 Underlined text Ie added; Milk IRNWØJ:l text is deleted. ---_.._--~----_.._~- - -- --~- Agenda Item No. 17C June 28, 2005 Page 10 of 10 PASSED AND DULY ADOPTED by the Board of County Commissioners of CoUler County, Florida this _ day of , 2005. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA By: Deputy Clerk By: FRED W. COYLE, Chalnnan PliO 6 0(6 Underlined text II added; ,lNek IIIANS'" text Is deleted. "._._.~.._-- Agenda Item No. 170 June 28, 2005 Page 1 of 30 EXECUTIVE SUMMARY RECOMMENDATION TO ADOPT AN ORDINANCE AMENDING THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA, AS ADOPTED BY ORDINANCE NUMBER 02-49 THE COLLIER COUNTY FIRE PREVENTION AND PROTECTION CODE BY AMENDING CHAPTER 58, FIRE PREVENTION AND PROTECTION, ARTICLE IT, FIRE SAFETY STANDARDS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, BY AMENDING SECTION 58-26, PERTAINING TO ADOPTED STANDARDS AND CODES OF THE NATIONAL FIRE CODES PUBLISHED BY THE NATIONAL FIRE PROTECTION ASSOCIATION (NFPA); AMENDING SECTION 58-27, PERTAINING TO AMENDMENTS TO ADOPTED FIRE CODES, SPECIFICALLY NFPA 1, 2003 EDITION; REPLACING SECTION 58-28, PERTAINING TO AMENDMENTS TO THE ADOPTED LIFE SAFETY CODE, SPECIFICALLY NFPA 101, 2003 EDITION; PROVIDING FOR THE INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABn..ITY; AND PROVIDING AN EFFECTIVE DATE. OBJECTIVE: To obtain Board of County Commissioner approval of an ordinance which adopts local amendments to the Florida Fire Prevention Code and directing staff to complete the process to make the amendment effective. - CONSIDERATION: The State of Florida has updated the statewide Florida Fire Prevention Code with an effective date of January l"t, 2005. This update brought with it a "Sunset" provision, which effectively repealed the Collier County Fire Prevention and Protection Code created by local ordinance. Prior to the State updating of the Florida Fire Prevention Code, Collier County had deemed it necessary to provide for specific local regulatory requirements in the Collier County Fire Prevention and Protection Code based on the particular needs of Collier County. In order to re-introduce the previous local regulatory requirements, the statewide Florida Fire Prevention Code also provide a procedure for local governments to adopt local amendments by ordinance. By directing staff to comply with the balance of the requirements for adopting local amendments to the Florida Fire Prevention Code, and adopting the proposed ordinance, the County would restore the level of fire protection deemed reasonable for Collier County and the affected Fire Districts. In addition to the local amendments, the proposed ordinance would also consolidate a majority of the Fire Code requirements for new development into one regulation. This would simplifY fire plan review and ease the development community's compliance with the applicable regulations. The Development Services Advisory Committee has reviewed and approved the adoption of this ordinance. FISCAL IMPACT: ~_-. By re-adopting the local amendments the County would largely re-create the previously effective regulations, which should not result in any overall fiscal impact. ~ .. . -------~---_._- --,.".,. GROWm MANAGEMENT IMPACT: This request will have no impact on the Growth Management Plan. RECOMMENDATION: Agenda Item No. 17D June 28, 2005 Page 2 of 30 Approve the Proposed Ordinance and direct staff to complete the process required to make it effective. Prepared By: 'U Date: }' 2. 'l () >" Reviewed By. Date: ¡-- Z f -¿) r Karl Reynolds, Fire Marshal North Naples Fire District Approved By: "/?' --' /f: '.!.. Date: s-µc.¡~J . , Nick Biondo, Fire Marshal East Naples Fire District President, Collier County Fire Marshals' Association ".,.---.. "'...".... Item Number Item Summary Meeting Date Approved By Ed Riley Fire Code Official's. Office Agenda Iten1 ND. 17D June 28. 2005 Page 3 of 30 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS '7D Recommendation to adopt an ordinance: am~nding the E;ode of laws and ordinances of Collier County, Florida, as adopted by ordinance number 02·49 the Collie-r County Fire- Prevention ::¡me! Protection code by amending Chapter 58, Fire Prevention and Protection. Article II, fire 5afe~i standards for the unincorporated area cf Colher County. by amending Section 58-26. pertaining to adopted standards and codes of the national f¡r'e c.odes plJbll!iii1ed by the N¿¡llOnal Fire PfQtec.lion Assoc¡ation (NFPA): amending secfion 58-:?7 pertaining to amendments to adopted fire codes. specifir..aHy NFP.A. '1,2003 edition; repiacing secHon 58-2B. pertainulg to amendments to the adopled life safety cDde. spbdfica!!y NFP.A. 101. 2003 6ditiof"l, provII:Jing ror the inclusion in the çcde of laws and ordinances.; providing for c.cnflicl and severability; .and provIding an e1fective date. 6/28/20059:00'00 AM Fire CQd. Officiol Dntl~ Fire Plan R:~view 5126/2005 4:211 PM Date App.·oved By JmH1it~r A. Be )l!odio County Attorney A.$sis.tm¡t County Atto-rnP.lY Count}' Attonwy Office 6í312005 3:04 PM Date Approved By Michael Smykowski County Manager's Office Mal1Ag~men1 & Budget Director Office of Mun~gt!'ment & Budgøt 6i17/20U5 9:0$ AM Date Approved By J;¡UJ1es V. Mudd Board of County Commiss;ionets County Manager County M.."..uer's Ot'fic:~ 6117,'ZD05 2:34 PN Agenda Item No. 170 June 28, 2005 Page 4 of 30 ORDINANCE NO. 2005- AN ORDINANCE AMENDING THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA, AS ADOPTED BY ORDINANCE NUMBER 02-49, THE COLLIER COUNTY FIRE PREVENTION AND PROTECTION CODE BY AMENDING CHAPTER 58, FIRE PREVENTION AND PROTECTION, ARTICLE II, FIRE SAFETY STANDARDS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, BY AMENDING SECTION 58-26, PERTAINING TO ADOPTED STANDARDS AND CODES OF THE NATIONAL FIRE CODES PUBLISHED BY THE NATIONAL FIRE PROTECTION ASSOCIATION (NFPA); AMENDING SECTION 58-27, PERTAINING TO AMENDMENTS TO ADOPTED FIRE CODES, SPECIFICALLY NFPA 1,2003 EDITION; REPLACING SECTION 58-28, PERTAINING TO AMENDMENTS TO THE ADOPTED LIFE SAFETY CODE, SPECIFICALLY NFPA 101, 2003 EDITION; PROVIDING FOR THE INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County, Florida (Board) has fire safety responsibilities for Collier County; and WHEREAS, Section 633.025, Florida Statutes, subsection (1) establishes the Florida Fire Prevention Code and the Life Safety Code, as adopted by the State Fire Marshal as the state minimum code; and WHEREAS, Section 633.025, Florida Statutes, subsection (4) enables a county with fire safety responsibilities to adopt more stringent fire safety standards or alternative requirements where, as here, a determination has been made that there is a need to strengthen the requirements of the minimum fire safety code adopted and enforced by Collier County; and WHEREAS, the Board hereby determines upon its review of local conditions - which review demonstrates that local conditions justify more stringent requirements than those specified in the minimum fire and life safety code for the protection of life and property or justify requirements that meet special situations arising from historic, Agenda Item No. 170 June 28, 2005 Page 5 of 30 geographic, or unusual conditions - that local amendments to the statewide minimum code are needed and will serve a public purpose; and WHEREAS, as required by Section 633.02 I 5, Florida Statutes, the State Fire Marshal has recently adopted a new edition of the Florida Fire Prevention Code; and WHEREAS, in accordance with Section 633.025, subsection (4)(a) a properly advertised public hearing was held and all interested persons were afforded the opportunity to provide any comments; and WHEREAS, it is necessary to update the Collier County Fire Prevention and Protection Code to reflect the foregoing matters; and WHEREAS, the amendments to the statewide minimum code set forth below are essential to maintain an established and effective level of fire prevention and protection. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The text of the following sections of Chapter 58 of Article II, of the Code of Laws and Ordinances of Collier County, Florida, is amended as follows: Sec. 58-26. Collier County Fire Protection and Prevention Code Adopted. The standards and Code sections of the "National Fire Codes", as published by the National Fire Protection Association (NFPA), as adopted by the rules of the Division of the State Fire Marshal section 4 69A-3.012, 4 69A-60.005 or referenced by the 200g.1 edition ofNFPA 1 or NFPA 101 and those listed below by standard number and edition and as amended herein, are hereby adopted by reference and made a part of the "Collier County Fire Prevention and Protection Code," intended to protect the health, safety, common interest, and convenience of the citizens, visitors, and residents of Collier County, Florida. NFP A Code Standard Edition 18 1995 42 .J-9.f).+2002 50A 1999 Description Wetting Agents Storage of Pyroxylin Plastic Gaseous Hydrogen Systems ^.~_.",---_._...-- 70E 2000 79 -J-99.72002 97 2000 170 412 ·µ)9-92002 1998 423 1999 513 560 1998 1995 600 601 801 901 2000 2000 1998 2001 1961 1964 1997 1998 Sec. 58-27. Amendments to Fire Codes. Agenda Item No. 17D June 28, 2005 Page 6 of 30 Electrical Safety Requirements for Employee Workplaces Electrical Standard for Industrial Machinery Glossary of Terms Relating to Chimneys and Vents Fire Safety Symbols Evaluating Aircraft Rescue and Fire Fighting Foam Equip. Const. and Protection of Aircraft Engine Test Facilities Motor Freight Terminals Stør-8ge, Handling and Use of Ethyknc fhi£k Industrial Fire Brigades Security Service in Fire Loss Prevention Pacilities Handling RadiÐooti'/e Materials Standard Classifications for Incident Reporting Fire Hose Spray Nozzles The "National Fire Codes, NFP AI, Fire Prevention Code, ;w002003 Edition," is hereby amended by local amendment as follows: (A) CHAPTER 1 ADMINISTRA nON AND ENFORCEMENT (1) BOARD OF APPEALS i) Strike all existing text and amend .f--.& 1.10 to read as follows: +-&-1.10 BOARD OF APPEALS Will operate and be comprised as set forth in the Collier County Land Development Code, Oiyision 5.1Chapter 8.05.00, except that the Collier County Fire Marshal's Association may recommend those two members one of whom would be an architect or engineer and one whom must be a fire protection specialist for consideration by the Board of County Commissioners. (2) NOTICE OF VIOLATIONS, PENALTIES i) Amend 1-l-9.l.Q.,J..4 to read as follows; Agenda Item No. 170 June 28, 2005 Page 7 of 30 l-W.J..Q.-J.4 Any person who fails to comply with the provisions of this code or who fails to carry out an order made pursuant of this code or violates any condition attached to a permit, approval, or certificate shall be subject to the penalties established by this jurisdiction. Nothing herein contained is intended to prevent the Independent Fire Districts of Collier County from taking such other lawful action in any court of competent jurisdiction as the District deems necessary to prevent or remedy any violation. Such other lawful action shall include, but shall not be limited to, any equitable action for injunctive relief or action at law for damages. The Independent Fire Districts of Collier County shall have the power to enforce the provisions of this Code and ordinances by means of the Collier County Code Enforcement Boards. (B) CHAPTER 1 ADMINISTRA nON AND ENFORCEMENT (1) APPLIC;\ nON Referenced Standards i) Amend subsection +-H 1.3.2.1 to read as follows: +-H 1.3.2.1 Details regarding processes, methods, specifications, equipment testing and maintenance, design standards, perfonnance, installation, or other pertinent criteria contained in those standards and codes listed in Chapter J~ of this Code and those adopted pursuant to the Collier County Fire Prevention and Protection Code Section 58-26 shall be considered a part of this code. ii) Amend Sâubsection -1--B 1.3.7 to read as fo lIows: -1--B 1.3.7 Buildings in existence or pennitted for construction prior to the adoption of this Code shall comply with the provisions stated herein or referenced for existing buildings (10.3.3 ofNFPA 1 2003 edition), Agenda Item No. 170 June 28, 2005 Page 8 of 30 Existing buildings or installations that do not comply with the provisions of the publications referenced in Md 1.3.2.1 shall be permitted to be continued in use, unless the authority having jurisdiction detennines that the lack of confonnity with these standards presents an imminent danger. Exception: A limited but reasonable time shall be allowed for compliance with any part of this Code for existing buildings, commensurate with the magnitude of expenditure, disruption of services, and degree of hazard. Occupied existing buildings shall comply with -1-9-:2 4.5.4. (2) OCCUPANCY it Amend Ssubsection -l--9-.+ 4.5.4 to read as follo'.vs: add condition #4 -l--9-.+ No new construction or e]dsting builàffig shall be oeeupied in \vhole or in part in violation of the provisions of this Code or other appliûable Collier County laws and ordinances ill All tenants and occupants shall obtain a "Notice of Fire Compliance" certificate from the appropriate fire district prior to the occupancy and use of a new or existing building as evidence of compliance with the Collier County Fire Prevention and Protection Code. Such original certificate shall be displayed in a prominent location within the structure, building, or portion thereof. Exception: Occupants of one and two family dwellings and residential tenants in multi-family buildings are exempt from the requirement of obtaining a "Notice of Fire Compliance". (3) PERMITS ,^.ND ¡\PPROV,^.LS i) ,^.mend Subsection 1 16.16(3) to read as f{) llo '.Vs: Bonfires and Oütdoor Rubbish Fires. Kindling or maintaining any open fire or a fire in any Agenda Item No. 170 June 28, 2005 Page 9 of 30 public street, alley, road, or other publie or private grouRd. Instructions aRd stipulations of permit shall be adhered to. CookiRg fires and small recreational fires not i¡:¡tended for vegetation or rubbish disposal, 'Nhen condueted saf-ely aFld OR the property of the subject are exempt and do not reql:lire a permit. ii) Not withstaRdi¡:¡g the above pro'lisioRs, for 30 days commenciFlg '.vitA the declaration of a state of emergency by the Governor of tAe State of Florida, because of extended drOl:lght and tAe resulting potential for 'Nildfires, which includes all or parts of Collier Cmmty, tAere sA all become effecti'le a prohibitioR against kiRdliRg, creating or maintaiRiRg any campfire, bonfire, opeFl or barrel burning of trash, discardiRg of lighted smoking materials outdoors, smoking in county parks, and the sale or use of fireworks. The use of open barbecues or barbecue pits utilizing eharcoal or 'Nood sAall be prohibited within 600 yards of any forest, grassland, ',YO ods, wild lands or marsh ar-ea within Collier Cmmty. The prohibitions expressly provided herein may be øxteFlàed by resolution duly a!:iopted by the board. (4J) PLANS REVIEW i) Amend 's'~ubsection ~ 1.14.2 to read as follows: ~ 1.14.2 It shall be tke respoFlsibility of the applieant to ensure that: The applicant shall be responsible to ensure that the following conditions are met: (1) The construction documents include all of the fire protection requirements (2) The shop drawings are correct and in compliance with the applicable codes and standards (3) All plans for proposed new structures and square footage additions to existing structures include 8 and Yz x 11 page or pages entitled "Fire Protection Plan" that depict the following: "---"..,..~ Agenda Item No. 170 June 28, 2005 Page 10 of 30 (a) Completed form titled "Collier County Fire Districts Pre-Incident Planning Data". Form must be completely filled out, indicating N/A where not applicable. (b) Use of Uniform Drawing Symbols and Legend as published in NFPA 170, Standard for Fire Safety Symbols (particularly chapters 5 & 6) 1999 2002 Edition: Copyright National Fire Protection Association. (c) North arrow. (d) Overall building dimensions. (e) To scale site plan showing the entire property boundaries, entire structural footprint, all building entrance openings, exit stairs, pavement areas and fire lanes, fire hydrants, adjacent roadways with names, and distances to all fire hydrants within 1000 ft (304.8m) measured along the centerline of the street, driveway or fire lane. (f) Florida Building Code Construction Type. (g) Number of stories of structure and total square footage under roof per story. (h) A wall detail/section from foundation through the roof illustrating the predominant or typical floor(s), wall(s) and roof materials. Such detail/section shall be keyed with a call mark on the structural footprint required (a) above. (i) Needed fire flow as required by section 7 5.1.1 13.5.1.1. U) Fire district water supply flow testes) as required by section +- ~ 13.5.1.5. (!<) Main utility (electric, gas, water, etc.) shutoff locations. (I) Hazardous and/or combustible materials locations and estimated quantities. (m)Locations of features of fire protection systems (fire department connections, fire sprinkler shut-off, fire alarm panels, standpipes etc.) Exception 1: Group R-3. One and Two-family Residences. Agenda Item No. 170 June 28, 2005 Page 11 of 30 Exception 2: Ancillary structures like guardhouses, restrooms etc. Not exceeding] 000 square feet in area. Exception 3: Square footage additions that do not exceed ] 000 square feet. (4) The contractor shall maintain an approved set of construction documents on site. (5) COST OF PERMIT (i) Add Section ]-U.J1 to read as follows: ] -U .] 7 COST OF PERMIT Refer to Collier County Resolution No. 0]-313 or successor, (establishing fees), Exhibit B (C) CHAPTER ;!lDEFINITIONS (]) DEFINITIONS (i) Add the following definitions to read as follows: 2 1.] 66 3.3.2] 6 Fire Marshal - The Fire Chief or his/her designee within each independent fire district or the Collier County manager or hislher designee within any dependant fire district within Collier County. 2 1.] 67 3.3.2] 7 Fire Official- The individual appointed by the FIRE DISTRICTS and employed by the Administrative District who is responsible for the fire plan review office. 2 ].] 68 3.3.2 ] 8 Owner- Any person or entity having a legal or equitable interest in the property. 2 ].] 69 3.3.2] 9 lnterlocal agreement- An agreement entered into between the board of County Commissioners and any Independent Fire District(s). 2 1.170 3.3.220 Manual Wet Standpipe- Refer to NFPA ]4~ Agenda Item No. 170 June 28, 2005 Page 12 of 30 2 1.1713.3.221 Residential Occupancy (Group R) - Refer to the Florida Building Code, 2000 Edition for the definition and sub-classification, or its successor. i) Amend 2 l.á7 to read as follows; 2 l.á7 Fire laRe meaRS any dri'/ev.'ay, road, or unobstructed area, '.vhie :¡ may be used by the fire department for the movement of fire vehicles or firefighting operations. (D) CHAPTER J-J.Q GENERAL PROVISIONS FIRE SAFETY (I) OPEN OUTDOOR FIRES, INCINERATORS, OUTDOOR FIREPLACES. i) Amend &~ubsection ~ 10.11.1 to read as follows: ~ 10.11.1 Permits. Permits are required and shall comply with Section 1 ~ fl. Exception; Cooking fires and small recreational fires not intended for vegetation or rubbish disposal when conducted safely and on the property of the subject. Notwithstanding the above provisions, for 30 days commencing with the declaration of a state of emergency by the Governor of the State of Florida, because of extended drought and the resulting potential for wildfires, which includes all or parts of Collier County, there shall become effective a prohibition against kindling, creating or maintaining any campfire, bonfire, open or barrel burning of trash, discarding of lighted smoking materials outdoors, smoking in county parks, and the sale or use of fireworks. The use of open barbecues or barbecue pits utilizing charcoal or wood shall be prohibited within 600 yards of any forest, grassland, woods, wild lands or marsh area within Collier County. The prohibitions expressly provided herein may be extended by resolution duly adopted by the board Agenda Item No. 170 June 28, 2005 Page 13 of 30 ii) AmBnd Subsection 3 1.7 to read as fa lIo'.\'s: 3 4.7 No charcoal burners shall be kindled or maintained on balconies or 'Nithin 10 feet of any structure. Excepti81'/: Si1'lgk .fi¡mily dwellings. iii) 3 4.8 No gas fired cooking grill shall be kindled or maintaiAed on balcoAies or within 10 feet of any structl:lre. LP gas cylinders iA excess of 21/2 Ibs, water weight shall not be stored 'Nithin 10ft of a residential buildiAg. Exccptiel'/: Sil'/gl-c .fi¡mily dwellings. (2) FIRE Lf.NES DEPARTMENT ACCESS AND WATER SUPPL Y i) Amend Subsection 3 5.2 to read as follo\"s; 3 5.2 All buildil'lgs that a fire departmeAt may be called to protect that are not readily accessible to an adjacent local street shall be provided 'Nith a suitable fire laAe or parallel acoess drive uAless the analysis of the fire official indicates the fire access is unAeoessary. Such fire access is necessai'Y for all bl:1ildings three (3) or more stories in height \vhicn are not adjacent to a local street. a) ParkiAg spaces adjacent to strl:lctures that, in the opinion of the fire official, may hinder or delay firefighting forces in the performaflee of their dl:1ties are prohibited. Limited designated parking spaces may be approved by the fire offioial '.",heA alternatiye arrangements ai'e made prior to cOAstruction, '",hich must include automatic fire sl:1ppressioA systems. b) The fire official may require additional fire lanes around oommerøial buildings when his or her analysis iAdicates additional access to the building is needed. Agenda Item No. 17D June 28, 2005 Page 14 of 30 c) No mw'i wet or dry retention or detention areas shall be located directly adjacent to any structure mdess prior approval is recei','ed from the fire official. ii) ,^.dd subsectioFl 3 5.2.1 to read as follows; 3 5.2.1 Fire lanes shall be not less than 20 ft (6m) of uFlobstmoted width, able to with stand live loads of fire apparatus, and have a miniml:lm of 1 ~ ft vertical clearance. TurniFlg radii for fire lanes not 61!.ceeding a 90 degree turn '!.'here serving buildings shall be 25 ft inside aFld 19 ft outside aRd turning radii f-or fire lanes serving parking lots oAly shall be 25 ft inside aAd 15 ft outside. Where turns exceed 90 degrees tHe standards for tl:lrnarounds shall apply. An approved turn arOl:IRd for fire apparatus shall be provided "','Here an acoess road is a dead end aFl.d iA excess of 150 ft (16m) in length. The turnaround sHall have a miAimum centerliAe radius of 10 feet (12.7m). The grade surface aFld 10catioFl. of the fire lane shall be approved by the authority haviRg jurisdiction. ,^.t least one elevatioFl. of eaCH building shall be accessible to tHe fire departmeFlt. Required fire lanes shall be provided with the iFlner edge of the road',vay no closer thaR 10 feet and no farther than 30 feet from tHe building. Such lanes shall have a surface designed to accommodate fire apparat1:ls with a minimum weight of 32 tons. ExccptiBl'l ,"^le.l: ,^.deq1:lacy of emergency vehicle access shall be determined by the authority having jurisdiction. Ex-ccptiBl'l ,V8. 2: T or Y turnarol:lfld arraFlgemeflts shall be permitted. ExccptiBl'l ,VB.3: When acceptable to the authority having jurisdiction, turnaround arrangements other than a cui de sac shall be pennitted to be used. i-i) Add subsection 18.2.2.5.1.1 to read as follows~.;. Agenda Item No. 17D June 28, 2005 Page 15 of 30 18.2.2.5.1.1 Fire department access roads shall have an unobstructed width of not less than 20 ft (6m) and have an unobstructed vertical clearance of not less than 14 ft. Minimum width may be reduced to meet special access with the approval of the fire official. iii) Amend subsection 18.2.2.5.3 to read as follows: 18.2.2.5.3 Turning Radius. The turning radius for fire lanes not exceeding a 90 degree turn where serving buildings shall be 25 ft inside and 49 ft outside and turning radii for fire lanes serving parking lots only shall be 25 ft inside and 45 ft outside. Where turns exceed 90 degrees the standards for turnarounds shall mm.!Y:. will) Amend subsection 18.2.2.5.4 to read as follows: 18.2.2.5.4 Dead Ends. An approved turn around for fire apparatus shall be provided where an access road is a dead end and in excess of 150 ft (46m) in length. The turnaround shall have a minimum centerline radius of 40 feet (12.7m). The grade surface and location of the fire lane shall be approved by the authority having iurisdiction. At least one elevation of each building shall be accessible to the fire department. iliiv) Add Sâubsection 3 5.5.1 10.12.2.1 to read as follows: ~1 10.12.2.1 EMERGENCY VEHICLE ACCESS 35.5.110.12.2.1 This section is intended to apply to all gate installations EXCEPT those serving individual single-family residences. Agenda Item No. 170 June 28, 2005 Page 16 of 30 tV) Add S-~ubsection 35.5.1.1 10.12.2.2 to read as follows: 3 5.5.1.1 10.12.2.2 All electronic access control gate to structures and properties that may require emergency services that restrict the free ingress and egress of emergency vehicles and are not constantly attended 24 hours per day shall be provided with an electronic transmitter/receiver system capable of being programmed with a unique activation code and frequency approved by the authority having jurisdiction. Such code or frequency shall not be used by or provided to other gate users. Existing installations shall comply within 180 days subsequent to the notification date by the authority having jurisdiction. vi) Add S-~ubsection 3 5.5.2.3 10.12.2.3 to read as follows~~ 3 5.5.2.3 10.12.2.3 All electronic access control gates required under section 3 5.5.1.1 10.12.2.2 shall be compatible with the uniform county- wide transmitters. Said transmitters are carried only within emergency services vehicles. vii) Add S-subsection 3 5.5.2.1 10.12.2.4 to read as follows~~ 3 5.5.2.1 10.12.2.4 All electronic access control gates shall have a battery backup with a fail safe override. Exception No. 1 - Any other override system acceptable to the Authority having jurisdiction. Exception No. 2 - Gates serving individual single-family residences. viii) Add £~ubsection 3 5.5.2.5 10.12.2.5 to read as follows~~ Agenda Item ~Jo. 17D June 28, 2005 Page 17 of 30 3 5.5.2.5 10.12.2.5 All non-electronic access control gates to structures and properties that may require emergency services that restrict the free ingress and egress of emergency vehicles and are not constantly attended 24 hours a day shall be provided with a key box per section H 10.12.1. Exception No. 1 - Gates serving individual single-family residences. ¥ffiW Add S§.ubsection 3 5.5.2.6 10.12.2.6 to read as follows~.;. 3 5.5.2.6 10.12.2.6 All electronic gates are required to receive a building permit with fire review prior to installation. ix) AmendS§.ubsection3 5.6.2.118.3.4.1 to read as follows~.;. 3 5.6.2.1 18.3.4.1 Hydrants. Clearance of 3 feet to the rear and sides of fire hydrants and clear to the street. No new wet or dry retention or detention areas shall be located between the fire hydrant and the fire access area unless prior approval is received from the fire official. xi) Amend S§.ubsection 3 5.6.2.2 18.3.4.2 to read as follows; 3 5.6.2.2 18.3.4.2 Fire Protection Appliances. Clearance of 3 feet to sides and clear to the street. No new wet or dry retention or detention areas shall be located between the fire appliance and the fire access area unless prior approval is received from the fire official. (J~ PUBLIC ,^.SSEMBLAGES SPECIAL OUTDOOR EVENTS. CARNIV ALS. FAIRS AND EVENTS i) Aàåmend section ~ 10.16.3 to read as follows~.;. J-W..rl.1O.I 6.3 Public Assemblages and Events Life Safety Evaluation. Life safety evaluations Agenda Item No. 170 June 28, 2005 Page 18 of 30 are required and shall be in accordance with 12.4.1 of NFPA 101. Life Safety Code. The evaluation shall be submitted to the AHJ a minimum of two weeks prior to the starting date ofthe event. ii) ,'\dd subsectioR 3 10.7.1 to read as f-ollows; '.\There the authority having jurisdiotion determines that tHe gatAeriRg of persons in a stf1:leture or outside of a stnwture or the nature of tHe perf-ormaRce, exhibitioR, display, contest, or aetivity presents or is predicted to present unusual and significant impact on public saf~ty, includiRg access to buildings, structures, fire hydraRts, fire lanes, and the like, or other provisions of public safety services, including fife protection and emergeFwy medical services, tHe authority having jurisdiction shall have the autHority to order the development of or prescribe a plan for the provision of safety ser'lÎces which provides a reasoRabl@ degree of safety for the atteRdees, participants and other aŒ~eted members of the public. ii) ,^.dd SHbseetion 3 10.7.2 to read as follows; 3 10.7.2 The plan shall address such items as emergency vehicle ingress and egress, fire protection, emergency medical services, fire and safety inspectioRs, public assembly areas and the directing of atteRdees and vehieles, vendor aRd food cORcession distribution, and the need for the presence of la'", eRforcement, fire, and medieal serviees personnel at the event. Said plan shall be submitted to the authority ha':ing jl:lrisdietion a minimum of t".'o vleeks prior to the startiNg date of the e':ent. will Add è-âubsection 3 10.7.3 10.16.4.1 to read as fo llowst~ 3 10.7.310.16.4.1 The authority having jurisdiction AHJ is hereby authorized to assess and collect reasonable compensation for services rendered to public assemblages Agenda Item No. 170 June 28, 2005 Page 19 of 30 and events covered by the provisions of section ~ 10.16.4, as it may deem necessary in accordance with the applicable service resolution of the governing body. (1) CLOTHES DRYER VENTING Add seetion 3 11 to read as follmv5;';' Veßting of clothes dryers, whetHer eleetric or gas fired shall be OR the floor of origin or iRtO an approved shaft. Exceptien 1: Gmup R 3, Dcté/chcd ene and [we }t~l'IÛly l"Csidenccs. Exceptien 2: Other arrangements as FHa)' be appro'/ed by the authority having jurisdiction. (E) CHAPTER:;' II FIRE PROTECTION SYSTEMS i) AmeHdQ. S.~ubsection 7 2.2.2 13.2.2.2.1 to read as followst.;. 13.2.2.2.1 Exception 1: Buildings classified as R-2, four stories in height are required to have manual wet standpipes in accordance with NFP A 14. ii) Add S.~ubsection 7 2.2.2.1 13.2.2.2.2 to read as follows: 7 2.2.2.1 13 .2.2.2.2 Any building five stories or more in height and not otherwise classified as a high rise building as defined by the Florida Building Code, 200 I Edition or its successor, shall have an automatic wet standpipe system in accordance with NFP A 14 capable of supplying the required gallons per minute with a residual pressure of 65 psi at the uppermost hose connection. iii) Add 8~ubsection 7 2.2.2.2 13.2.2.2.3 to read as followst.;. 7 2.2.2.2 13.2.2.2.3Any high-rise building as defined by the Florida Building Code, 2001 Edition or its successor, shall have an automatic wet standpipe system in accordance with NFP A 14 capable of supplying the required gallons per Agenda Item No. 170 June 28, 2005 Page 20 of 30 minute with a residual pressure of 100 psi at the uppermost hose connection. iv) Add Sâubsection 7 2.2.2.3 13.2.2.4.2 to read as follows~.;. 7 2.2.2.313.2.2.4.2 Fire department valves on standpipe systems shall not be pressure-reducing valves. Pressure restricting devices shall be installed on any valve with pressure in excess of 175 psi. Pressure restricting devices shall be so as to be readily removable, leaving hose threads acceptable to the authority having jurisdiction. v) Add &âubsection 7 2.2.2.4 13.3.1.6.1 to read as follows~.;. 72.2.2.113.3.1.6.1 All fire department connections, other than those serving a high rise building, shall be located within 50 ft (15.25m) of a fire hydrant and within 50 ft (I5.25m) of a fire department vehicle access road. Exception 1: Fire department connections supplying fire sprinkler systems in accordance with NFP A 13 R that are not a part of a standpipe system. Exception 2: Actual locations of fire department connections shall be as approved by the authority having jurisdiction. vi) Add &âubsection 7 2.2.2.5 13.3.1.6.2 to read as follows~.;. 7 2.2.2.513.3.1.6.2 New high-rise buildings shall be equipped with two fire department connections. One connection shall be located at the building and one shall be located within 15 ft (4.6m) of a fire hydrant. Either fire department connection shall be capable of operating independently of the other. The second fire department connection required at the building shall not be required to be located within 50 ft (15.25m) of a fire hydrant. vii) Aà4mend subsection 7 3.1.1 13.3.1.1 to read as follows: 7 3.1.113.3.1.1 Automatic sprinklers shall be installed and maintained in full operating condition, as specified for the occupancy involved in the codes Agenda Item No. 170 June 28, 2005 Page 21 of 30 or standards listed in Chapter J2. Installations shall be in accordance with NFPA 13, Standard for the Installation of Sprinkler Systems; NFPA 13R, Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height; or NFP A 13 D, Standard for the Installation of Sprinkler Systems in One and Two Family Dwellings and Manufactured Homes, as appropriate. All fire sprinkler systems shall be designed with hydraulic calculation method. System design will be based on a current flow test. For flow tests with a static pressure of 55 PSI or more the test will be extrapolated to seasonal static of 50PSI. The formula is as follows: X Factor = Seasonal Static / Measured Static Design Res. Pres. = (Residual Pres) x (X Factor) Design Pitot PSI = (Pitot Press) x (Xfactor) For flow tests with a static of less than 5~2 psi the un-extrapolated flow test shall be used. However in this case a minimum safety factor of 5 psi above the demand point of the system shall be used. Fire flow data shall be attached to the hydraulic calculations as per section 7 5.1.1 13.5.1.1. viii) Add to Section 7 3.2.2 13.3.2.1.1 to read as follows: Automatic fire extinguishing systems shall be provided, in accordance with NFP A 13, Standard for the Installation of Sprinkler Systems, when required by this Code, or referenced codes and standards listed in Chapter J.~; and in all new residential occupancies containing more than four (4) living units; and when otherwise required by Collier County. Exception No.1: Residential occupancies up to four (4) stories in height may be protected in accordance with NFPA 13R, Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height, where not Agenda Item No. 170 June 28, 2005 Page 22 of 30 otherwise required to be protected by sprinklers pursuant to the Building Code or other applicable standards. ix) Add subsection 7 3.2.2.1, 13.3.2.1.2 to read as followst.;. 7 3.2.2.113.3.2.1.2 All Automatic fire extinguishing systems, installed voluntarily, arbitrarily or otherwise, shall provide an adequate means (stub- out) for future fire sprinkler protection on lanais, balconies and canopies in residential occupancies. x) AmeOOQ subsection 7 3.1.2 13.3.1.7.1.1 to eliminate (2),(3) and (1). ;\nd add two e?weptions to the existing exception read as follows: 13.3.1. 7 .1.1 Valves connections to water supplies, sectional control and isolation valves, and other valves in supply pipes to sprinklers and other fixed water-based fire suppression systems, other than 13D svstems installed in one and two family dwellings, shall be supervised by Central station, proprietary or remote station signaling service complying with NFP A 72. Each alarm panel shall electrically monitor all fire sprinkler control valves of the fire sprinkler system it monitors. All control valves in 13D systems shall be chained and locked in the open position. Excøptiel'l./\/8 2: 13D systems in one and Í\\'O f·amily dYlellings. Exceptiel'lNe 3: Sprinkler piping serving not more than sÍJe sprinkl@rs oonnected dir@ctly to a domestic ','later supply system. HOYleVer the control valve shall be loeked in the open position. xi) Add è-~ubsection 7 5.1.1 13.5.1.1 to read as followst.;. 7 5.1.1 13.5.1.1 The following are fire flow requirements for new construction, changes in occupancy or use to a more hazardous classification (according to National Fire Protection Association 101, 200~J. edition) or any physical enlargement of existing buildings. All one and two family Agenda Item No. 170 June 28, 2005 Page 23 of 30 dwellings are exempt.fèfm from these requirements except new subdivisions as provided for in (1) a below: New exclusive one and two family subdivisions: Building Square Footage (GPM) Min. Fire Flow Less than or equal to 5000 Greater than 5000 500 750 Subdivisions not capable of delivering the required fire flow shall provide automatic sprinkler systems in accordance with NFPA 13, 13R or 130, +99-9 2002 editions as applicable. All other buildings shall calculate required fire flows in accordance with the following formula shown æ. subsection (3) below. This formula establishes a base flow rrom which the degree of hazard, credit for fire sprinkler protection and separation distance will result in a final needed fire flow. National Fire Protection Association 13, +99-9 2002 edition shall be used for the purpose of determining hazard classification. NFP A classification Formula application Light Ordinary I & II Extra Light Ordinary High Fire flow based on the formula NFF= [(18) x COEFFICIENT FOR THE CONSTRUCTION TYPE) x {SQUARE ROOT (BUILDING SQUARE FOOTAGE)} x HAZARD FACTOR x EXPOSURE FACTOR x FIRE SPRINKLER FACTOR Coefficients based on construction type. 1.5 = Wood (Type VI) 1.0 = Ordinary (Type V) 0.8 = Noncombustible (Type III & IV) 0.6 = * Fire resistive (Type I & II) Agenda Item No. 170 June 28,2005 Page 24 of 30 Coefficient based on hazard. 0.75 = Light hazard 1.0 = Ordinary hazard 1.25 = High hazard Coefficient based on exposure distance in feet. 0-10 = 1.25 11-30 = 1.2 3 1-60 = 1.15 61-1 00 = 1.1 101-150=1.05 > 150 = 1 Coefficient based on fire sprinklers. 0.5 = Fully fire sprinklered 1 = Not fully fire sprinklered *Fire resistive construction need only be calculated on the three (3) largest successive floors of highest hazard cIassificat ion. A four-hour "fire wall" may be used to reduce total square footage of a building for the purposes of fire flow requirements, providing the wall intersects each successive floor of the building and complies with NFPA 221. The minimum required fire flow for commercial and multi-family' occupancies shall be 750 GPM. Owners and developers shall make provisions to install water lines and fire hydrants to meet spacing and fire flow requirements. Where fire mains exist but do not meet the fire flow requirements, alternative arrangements may be made, prior to construction, with the authority having jurisdiction. Due to the concern for public safety, failure to meet the fire flow requirements or come to alternative agreement shall be grounds for refusal for the county to issue building penn its. xii) Add subsection 13.5.1.2 to read as follows: Agenda Item No. 170 June 28. 2005 Page 25 of 30 13.5.1.2. The required size ofthe water mains. installed for fire protection. shall be determined by hydraulic calculation based upon a current a fire flow test (not more than six months old). These calculations shall extend trom the location of the flow test to each fire hydrant on site and shall indicate that the minimum required fire flow determined by Section 13.5.1.1 is available. This section is to be used for desie:n purposes onlv. Actual fire flow availability will be determined at time of buildine: permit application. xiii) Add 's'âubsection 7 5.1.2 13.5.1.3 to read as followst.;. 7 5.1.213.5.1.3 Where buildings are constructed, with the furthest point of the structure being one hundred fifty (150) feet or more from a public street, requires private mains and fire hydrants which shall meet the required fire flow with spacing to be determined by the fire official, not to exceed three hundred (300) foot maximum distance between hydrants. Hydrant spacing and required fire flow may be altered by the fire official if, by prior arrangement with the fire official, automatic fire suppression systems are installed in all buildings on the premises. **it xiv) Add subsection 7 5.1.3 13.5.1.4 to read as follows: 7 5.1.313.5.1.4 Maximum distance between fire hydrants shall be five hundred (500) feet in exclusive one and two family areas with buildings not exceeding 5000 sq ft, and three hundred (300) feet in all other areas. ~ xv) Add subsection 7 5.1.113.5.1.5 to read as follows: 7 5.1.113.5.1.5 Where buildings are proposed in an area not meeting the hydrant spacing requirements, the owner or developer shall provide the number of hydrants prescribed by the fire official, under the terms of this section. *'" xvi) Add subsection 7 5.1.5 13.5.1.6 to read as follows: 7 5.1.513.5.1.6 Prior to development of new structures or fire protection systems, a fire flow test in accordance with NFPA 291 shall be preformed by the fire district Agenda Item No. 17D June 28, 2005 Page 26 of 30 having jurisdiction. Such tests shall be completed no longer than six months prior to the submittal for permit. Calculations of the available fire flow at a minimum of 20 psi residual shall be provided on the fire protection plan required by section ~ 1.14.2 or with the hydraulic calculation package submitted for fire protection system permits. Fire flow test reports shall be submitted on the official letterhead of the fire district having jurisdiction. *¥t xvii) Add subsection 7 5.1.6 13.5.1.7 to read as follows: 7 5.1.613.5.1.7 Fire hydrants shall be provided for structures in accordance with NFP A 24 and shall be distributed so that the Needed Fire Flow determined by the fire official may be delivered. Hydrant locations and distances to proposed structures shall be indicated on the Fire Protection Plan required in section ~ 1.14.2 *:¥H xviii) Add subsection 7 5.1.7 13.5.1.8 to read as follows: 7 5.1.713.5.1.8 Proposed single structure site developments within 1000 ft (304.8m) of existing water mains shall extend such mains so that the main sizes and hydrant locations comply with the provisions of this code. Measurement of the distance shall be along existing or proposed roads, street, driveways or fire lanes as applicable. Where no piped water supply exists within 1000 ft (304.8m) distance criteria, the requirements of NFPA 1142, Standard on Water Supplies for Suburban and Rural Fire Fighting ..J:...9.9.9 200 I edition, shall apply. Proposed multi-structure site developments shall provide permanent fire prot~ction water supply from a public or private utility system or construct a private engineered water system acceptable to the authority having jurisdiction and capable of delivering the required Needed Fire Flow specified in subsection 7 5.1.1 13.5.1.1. *¥i-H xix) Amend Section 13.5.3 to add the following: a single, dedicated fire sprinkler backflow assembly, may serve a maximum of two buildings. ** xxi) Add subsection 77.1.113.7.1.4.1 I. I. I to read as follows: Agenda Item No. 170 June 28, 2005 Page 27 of 30 7 7. 1.113.7.1.4 .11.1.1 All fire sprinkler systems shall be monitored by a UL listed Remote or Central station monitoring agency. Exception No 1: One and two family dwellings protected by 13D systems. xxi) Add subsection 7 7.1.5 13.7.1.4.11.1.2 to read as follows: 7 7.1.513.7.1.4.11.1.2 All fire sprinkler systems shall activate one or more monitored audio/visual device located on the exterior of the building. The number and location of the device(s) shall be approved by the authority having j urisdict ion. Exception: Single family dwellings. (F) CH.\PTER 13: COMMERCL^.L COOKING EQUIPMENT (1) 13 2 PORT,^.BLE FIRE EXTINGUISHERS i) ,^.meFld sUÐsection 13 2.3 to eliminate the exception. Sec. 58-28. Amendments to the Life Safety Code. NFP A 101 Code for Safety to Life from Fire in Buildings and Structures, 200Q.J. Edition, is amended as follows: (A) CHAPTER 4: GENERAL i) Add new subsection 4.&~ "Use of Fire and Spark Producing Devices in Public Places" to read as follows: 4.&.2. Use of Fire and Spark Producing Devices in Public Places. ii) Add new subsection 4.&.2..1 to read as follows: 4.&.2..1. It shall be unlawful for any person to smoke, light or carry a lighted cigar, cigarette, pipe, match or use any spark, flame, or fire producing device not specifically authorized by the appropriate district or area fire chief or inspector in any of the following areas: Agenda Item No. 17D June 28, 2005 Page 28 of 30 1) In the board of county commissioners~ chambers, and in all other public meeting rooms in the county courthouse complex, and administrative buildings, when a public meeting is in progress. 2) In any public theater, church, tent, motion picture house or other auditorium used for such shows or perfonnance when the public gathers. 3) In any mercantile store which voluntarily elects, by and through the actions of its management, to be included within this section. This prohibition shall not apply to restrooms, restaurants, coffee shops, soda fountain counters, executive offices or beauty parlors in such mercantile stores. (B) CHAPTER 9: BUILDING SERVICE AND FIRE PROTECTION EQUIPMENT (1) SECTION 9.6 FIRE DETECTION, ALARM, AND COMMUNICATION SYSTEMS (I) GENERAL i) Add Subsection 9.6. 1. HUto read as fol1owst~ 9.6.1. Wl The authority having jurisdiction may approve and shall have the authority to require listed manual fire alann box covers or listed double action pull stations to be installed where manual fire alarm systems are susceptible to malicious false alanns. (II) OCCUPANT NOTIFICATION ii) Amend subsection 9-6.3.8-1 to read as followst~ 9-6.3.8-1 Audible alann notification appliances shall be of such character and so distributed as to be effectively heard above the average ambient sound level occurring under nonnal conditions of occupancy. Residential occupancies: Audible alarm indicating devices shall be clearly audible in all bedrooms over background noise levels with all Agenda Item No. 17D June 28, 2005 Page 29 of 30 intervening doors closed. The audible alarm indicating device sounding shall be measure a minimum of 7(+2 decibels at the pillow height in all bedrooms. (2) SECTION 9.7 AUTOMATIC SPRINKLERS AND OTHER EXTINGUISHING EQUIPMENT SECTION 9.7.4 MANUAL EXTINGUISHING EQUIPMENT i) Amend 9.7.4.1 to read as follows: 9.7.4.1 Portable fire extinguishers shall be installed in all commercial and multi-family occupancy classifications in accordance with NFPA 10, The Standard for the Installation of Portable Fire Extinguishers. SECTION THREE: Inclusion in the Code of Laws and Ordinances: The provisions of this Ordinance are intended to become and to 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," "article," or any other appropriate word. SECTION FOUR: Conflict and severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive provisions are intended to apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion is deemed a separate, distinct and independent provision and such holding will not affect the validity of the remaining portion. Agenda Item No. 170 June 28, 2005 Page 30 of 30 SECTION FIVE: Effective date. This Ordinance becomes effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2005 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk FRED W. COYLE, Chairman Approved as to form and legal sufficiency: JENNIFER A. BELPEDIO Assistant County Attorney Agenda Item No. 17E June 28, 2005 Page 1 of 23 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners adopt an Ordinance amending Schedule Eight of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances, (The Collier County Consolidated Impact Fee Ordinance) providing for the incorporation by reference of the amended Impact fee study entitled "Collier County Library Facilities and Items Impact Fee Update (with revisions in April 2005)" and applying the annual indexing adjustment to reflect an increased new rate of $180.89 per one-thousand (1,000) square feet of living area for all residential land uses, and providing for a delayed effective date of August 1, 2005. ,~...... OBJECTIVE: That the Board of County Commissioners adopt an Ordinance amending Schedule Eight of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances, as amended by Ordinance No. 2001-13 (The Collier County Consolidated Impact Fee Ordinance) providing the incorporation by reference of the amended impact fee study entitled "Collier County Library Facilities and Items Impact Fee Update (with revisions in April 2005)" and applying the annual indexing adjustment in order to continue to accurately provide financial resources for the construction and/or expansion of the County's Library system. CONSIDERATIONS: Collier County has used impact fees as a funding source for growth-related capital improvements related to Library Facilities since December of 1988. The Board of County Commissioners established the current impact fee rates on March 23,2004 through Ordinance No. 2004-21, which Ordinance also incorporated, by reference the impact fee study entitled "Collier County Library Facilities and Items Impact Fee Update." Staff routinely reviews each of the County's impact fees for accuracy, required amendments, changes in collection trends and consistency with revenue projections. During one such review of the Library Impact Fees, staff discovered that one portion of the methodology set forth by the 2004 Fee Report contained revenue "credits" that appeared to be overstated. A "credits" calculation is included as a component of an impact fee methodology in order to avoid over-charging new development. The "credif' calculation reduces the impact fee based on external revenues that may be used for the same purpose as the impact fee. Examples of other revenue sources include: State and Federal Grants, donations and ad valorem taxes. Based on an initial review, staff concluded that certain Grant funds, which were used to buy replacement books and pay for other operating expenses, were included as a component of the credit calculation. These expenses are not impact fee eligible costs and therefore should not have been included as a credit. Library Impact Fee RevisionlIndexing Page 2 Agenda Item No. 17E June 28, 2005 Page 2 of 23 Staff then contacted the Consultants, Tindale-Oliver and Associates, Inc. (TOA), to perform a review of the information and if need be revise the 2004 Fee Report and Fee Schedule. After a thorough review, TOA agreed with staff that the credits were overstated, thus they revised the 2004 Fee Report to exclude the improper credit calculation and revised the corresponding rate schedule, Schedule Eight of Appendix A of the Code of Law, to reflect the updated impact fee. The revision to the credit calculation resulted in a nineteen-percent (19%) increase to the Library Impact Fee Rate. Ordinance No. 2004-21 also established the requirement for annual indexing adjustments to Library Impact Fees, which is now codified as Section 74-305 of Chapter 74 of the Code of Laws. The annual indexing adjustment is based upon calculations utilizing percentage changes in the Building Price Index prepared by the Engineering -News Record (a national publication of construction cost indices) and the Consumer Price Index provided by the Bureau of Labor Statistics. The application of the indexing methodology results in an increase of 2.56 percent (2.56%) to the Library Impact Fee rate. The revision to the impact fee rate adjusting for the excluded credits, together with the indexing adjustment, equates to a new rate of $180.89 per one thousand (1,000) square feet of living area for all new residential development, an increase of $32.61 per one thousand (1,000) square feet over the current rate. This total increase represents an increase of approximately twenty-two percent (22%) to the present rate. On May 27,2005, the proposed Library Impact Fee rate revision and indexing adjustment were presented to the Collier County Productivity Committee for review and consideration. The Productivity Committee voted unanimously to recommend implementation of the new Library Impact Fee rate schedule to the Board of County Commissioners. The proposed Library Impact Fee and the study were also presented to the Development Services Advisory Committee (DSAC) on June 1,2005. The DSAC voted unanimously to support the recommended revision and indexing, as it is required by the provisions of Chapter 74 of the Code of Laws, however the DSAC members also recommended "that the Board of County Commissioners review the actual impact of growth and what is necessary to maintain that level of service as opposed to spending impact fees on enhancements for whatever the impact fee designation may be. " GROWTH MANAGEMENT IMP ACT: The proposed impact fee rates are designed to provide adequate funding for Library System facilities capital improvements indicated by the Capital Improvement Element of the GroWth Management Plan. The application of this rate revision and indexing is consistent with Objective 1.2 of the Capital Improvement Element (CIE) of the Collier County Growth Management Plan (GMP), which states: "Future development will bear a proportionate cost of facility improvements necessitated by growth." The rate revision ensures that Library Impact Fee assessments consistently reflect a pro rata share of the costs of growth-necessitated capital improvements. The indexing adjustment avoids larger rate increases every three Library Impact Fee Revision/Indexing Page 3 Agenda Item No. 17E June 28, 2005 Page 3 of 23 years, thus promoting a measure of predictability in annual revenues, a more reliable cost to those considering construction, and reduced costs for services of rate consultants. FISCAL IMP ACT: Based upon past collections of Library Impact Fees and residential permitting activity as well as from current permitting activity and forecasts, the projected increase in Library Impact Fee revenue associated to the rate revision and indexing is estimated to be $400,000 per year; however, any changes in permitting activity and trends associated to the size of new homes being constructed in CoIlier County will directly affect the incoming impact fee revenue stream. Additionally, all permits that are currently "in process" via a complete building permit application are not subject to imposition of the revised impact fee. The revised Library Impact Fee rate will apply to all residential permits applied for on or after August 1,2005. LEGAL CONSIDERATIONS: The proposed changes to Chapter 74 of the Collier County Code of Laws and Ordinances, related to Library Impact Fees, are internally consistent, comply with all applicable constitutional and general law, and are legally sufficient for Board consideration and approval. RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt the attached Ordinance, amending Chapter 74 of the CoIlier County Code of Laws and Ordinances, the same being the Collier County Consolidated Impact Fee Ordinance, implementing the proposed Library Impact Fee rate with a delayed effective date of August 1, 2005, subject to filing the new Ordinance with the Florida Department of State. Prepared by: Amy Patterson, Impact Fee Manager, Financial Administration and Housing, CDES Item Number Item Summary Meeting Date Aaenda Item No. 17E - June 28, 2005 Page 4 of 23 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17E Recommendation that the Board of County Comm!SSloners adopt an Ordinance amending Schedule Eight of Appendix: A of Chapler 74 of the Collier Count)' Code Dr Laws and Ordinances, (The Callier Counly Consolida1ed Impact Fee Ordinance) providing for the incorpt1ration by reference Df the amended impact fee study enti1led ·'Collier County Library Facilities and Items Impact Fee Updale (wilh revisions in April 2005) and applying the Mnuðl indf.!xing adjustment to refiect an increased new rate of $18tJ.89 per olle-thousand (1.000ì square fE':et of living area for all residential ¡and uses, and providing for a delayed effet.1ive date of August 1, 2005 6;28:20059:00.00 AM Prepared By 6f1Q/2005 9:....6:.8 AM Amy Patterson Community Development & Envlrontneniaf St!rvìc~.~ Date Imp.act Fee Manager Financial Admin. & Housing Dale Appro,,·ed By Saudra l.ea Community Oevelopm.nt & Environmental Serlices E)(~cuti\f(~ 5f!cretaty Community Development & Environmental Service~ Admin. 6-/1-4/2005 ":05 PM Dale Approved By Cot1stnnce A, John$.on C(lml~J\lnity D~~v,!I()prn(~tlt &. EnvitontTtent¡~1 Services O~rations Annlyçt CUlTlmunity Dl!vl~II)'lm mt & Envîronmmlt; 1 S""'tvi(:e$ Admin. 6i15/2005 8:2'1 AM Da.te Approved By Marilyn Matthes. Public SE!"rvicetj Library Assistant Director LIbrary Glf5i20054:51 PM Date Approved By Marla R.:Amsey Public Services Parks¡ & Recreatiotl Director Parks: and Recreation 6/1G{1Q05 9:2D AM OatC' Approved By Je-f'f Klutl.kow County Attorney ASIiÎstunt Cal/llly AttDml!'Y County Attorney OfficE!' 6'16/2005 1 :30 PM Oitk Approved By DentDn a;lkl~r Community De....elopmcm1 & Environmental Services FinuncΡ!/ Admin A Housing Diref:tor Financial Admin. & Housing 6117;10052::51 PM Date Approved By Jos.eph K. Schmitt COt11m011Îfy Development.& Envjronmuntóll S~rvi(;~,. Comn\Unity Development & Environmental Servic""'.$. AdlT1instrator Community Development & Environmental Sl1rvic!!'~1 Admin. 6120'20059:36 AM DatU' Approved By OMB Coordin,ltor County Mi\nager's. Office Admlnlstrntlve A$!tistullt Office of Milnilgeme-nt & Budget 6/20/200510:56 AM Date Approved By Sus'JI\ Usher County Mnnager's Office Si!nior Mllrtugumm)tJBudgef Analy.'it Office of Management.\ Budget SI20/2DOS 12:35 PM Date Approved By Mif,;ha~1 Smy}(owski COllflty Millll~er'~~ Otfic!~ Man..g~mcnt & Budget Director Ofhc,~ 1)( Man;j genuml 8. 8~HI!I !t 6.120,'200$ -4:19 PM Date Approved By James V. Mudd Board of County Commis.siotlC"n. County Manager County Manager'f> Office 6120/2005 5:34 PM -··__.'ø,_,··_~,____,o_ Agenda Item No. 17E June 28, 2005 Page 5 of 23 ORDINANCE NO. 2005- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE EIGHT OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAW AND ORDINANCES, AS AMENDED, THAT ORDINANCE BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001-13, PROVIDING FOR THE INCORPORATION, BY REFERENCE, OF THE AMENDED IMPACT FEE STUDY ENTITLED "COLLIER COUNTY LIBRARY FACILITIES AND ITEMS IMPACT FEE UPDATE (WITH REVISIONS IN APRIL 2005)," REVISING THE LmRARY SYSTEM IMPACT FEE RATE SCHEDULE, AS SET FORTH IN THE REVISED IMPACT FEE UPDATE STUDY AND APPLYING TIlE ANNUAL INDEXING ADJUSTMENT, TO REFLECT AN INCREASED NEW RATE OF $180.89 PER ONE THOUSAND (1,000) SQUARE FEET OF LIVING AREA FOR ALL RESIDENTIAL LAND USES, THE PROPOSED RATE BEING SPECIFIED IN REVISED SCHEDULE EIGHT OF APPENDIX A; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR ADELA YED EFFECI1VE DATE OF AUGUST 1, 2005. WHEREAS, on December 13, 1988, the Board of County Commissioners adopted Ordinance No. 88-97, the Comer County Library System Impact Fcc Ordinance, thereby establishing the County's then applicable Library System Impact Fee rates; and WHEREAS, on March 13, 2001, the Board of COWIty Commissioners adopted Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance (hereinafter "CIFO"), repealing and superseding all of the County's then existing impact fee regulations, and consolidating all of the County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Comer County Code of Laws and Ordinances, and incorporating the aforementioned Library System Impact Fee rates then in effect; and WHEREAS, on March 23, 2004, the Board of County Commissioners adopted Ordinance No. 2004-21 which amended the CIFO and Chapter 74 of the Code of Laws and Ordinances to update the library System Impact Fees, through the adopted impact fee reportt titled "Collier County Library Facilities and Items Impact Fcc Update," dated March 4, 2004 (hereinafter the "Fee Report"), prepared by Tinda1e-Oliver and Associates (hereinafter the "Consultant"); and WHEREAS, the Fee Report established the methodology for the calculation of the Library Systems Impact Fee and developed the appropriate and applicable impact fee rate(s); and WHEREAS, the Fcc Report contained credits for grants and other revenue which are not a proper component of the calculation; and WHEREAS. having been alerted to this, the Consultant has revised the Pee Report to exclude the improper credit calculation. resulting in a 19% increased impact fee rate; and 1JJIdII:IiIIIII1at II added; IiInooII ~~.... Iat II dddI:od Agenda Item No. 17E June 28, 2005 Page 6 of 23 WHEREAS, the revision to the impact fee rate, together with an indexing adjusUDent of 2.56%, equates to a new rate of $180.89 per one thousand (1,000) square feet of living area for all new residential development; and WHEREAS, having reviewed the calculations and findings of both the Fee Report and Consultant's Revisions, staff concurs with the recommended change to the Library System Impact Fee rate schedule, and recommends that the Board of County Commissioners adopt this Ordinance to implement these recommended changes to the Fee Report and the applicable fee schedule; and WHEREAS, the Board of County Commissioners accepts the recommendations from staff. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Article 1. Generøl, Section 74-106, AdoptWn ofimpodfee studies, of the Collier County Code of Laws and Ordinances is hereby amended to rœd as follows: SectIon 74·106. Adoption of Impact Fee Studies. --- (4) Ubrary facilities: "Collier County Library Facilities and Items Impact Fee Update" prepared by Tindale-Oliver and Associates, Inc. (March 4, 2004 E1h revisions in Amil 20(5) SECTION TWO. Schedule 8 of Appendix A of Chapter 74 of the CoJüer County Code of Laws and Ordinances is hereby amended to rœd as follows: Land Use Category Residential Land Use: Impact Fee Rate Residential ~ 5180.89 per 1,000 SQuare feet (Maximum fee of ~ $723.56)- ·If the ..,Ueaèle fMtYBN feetage ef &88 11118SSIII. l'8øideMialliØ8 Ifteeelis ~.QQQ øqtHIJ'II fee"- aBly 1,.gQQ IMII:I8f'8 feet &hell.... iMe ..Slut M ealnl8re the appli88h11 biMwy 8yøtem lmpaet Fee applieaèll te the I'8lpseti-·.. Fllidnâalll8l. ......,,~Bg tßjl Ishefile the J.ièRIry 8yelelR Imp..t Pee shall Rat e!teeell. $S9U2111 faUer.711 ($1 ~g.28 lfiltiplieå hy~. The Librarv Svstem ImollCt Fee is capoed based UDOn the fee awlicable to a 4.000 square foot dwellinl!: unit. SECfION THREE. CONFLICf AND SEVERABD..JTY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held !lIIIIIdiDIII1U1b addocI; ....~ -... _ 1._ ......2of3 Agenda Item No. 17E June 28, 2005 Page 7 of 23 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 portions. SECTION FOUR. INCLUSION IN CODE OF LAWS AND ORDINANCES. The provisions in Sections One and Two of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County. Florida. The sections of the Ordinances may be renumbered or re-Iettered and internal ClOSs-references amended throughout to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECMON FIVE. EFFECI'IVE DATE. This Ordinance shall be effective Augw¡t I, 2005, subject to filing with the Florida Department of State. PASSED AND DULY AOOPTED by the Board of County Commissioners of Collier County, Florida this _ day of June 2005. A TI'EST Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk FRED W. COYLE, Chairman 1.!IuIIIdiaIIII- is lidded; ..... ...... """ ÎI doIoIiod Po e 3 of 3 ----~ COLLIER COUNTY LIBRARY FACILITIES AND ITEMS IMPACT FEE UPDATE Prepared for: COLLIER COUNTY March 4, 2004 (with revisions in April 2005) Prepared by: Tindale-Oliver & Associates, Inc. 1000 N. Ashley Dr., #100 Tampa, Florida 33602 ph (813) 224-8862, fax (813) 226-2106 Agenda Item No. 17E June 28, 2005 Page 8 of 23 Agenda Item No. 17E June 28, 2005 Page 9 of 23 COLLIER COUNTY LIBRARY FACILITIES AND ITEMS IMPACT FEE UPDATE Table of Contents I. INTRODUCTION.................................................................................l II. OVERVIEW OF LIBRARY IMPACT FEE..................................................2 III. LEVEL OF SERVICE STANDARDS.................................................. .....2 IV. COSTS.. ...... .................. ........ ......................... ...... ... ............... ...... ...3 V. NET LIBRARY FACILITY AND ITEMS IMPACT COST.......................... .....6 VI. PERSONS PER HOUSEHOLD BY LAND USE..........................................8 VII. PROPOSED LIBRARY IMPACT FEE SCHEDULE....................................8 VIII. PROPOSED LIBRARY IMPACT FEE CAP........................... ................... 9 IX. ANNUAL INDEXING OF FEE COMPONENTS.........................................I0 LIST OF TABLES TABLE 1: Collier County Library System 2003 Level of Service.... .................. ........2 TABLE 2: Actual Level of Service and Level of Service Standards...........................3 TABLE 3: Library Facility Impact Cost..... ............ .......... .............. ................ .....4 TABLE 4: Library Items Impact Cost......................................................... .......5 TABLE 5: Capital Revenue Sources - Buildings.............. .............................. ......6 TABLE 6: Net Library Facility Impact Cost..................... ......... ................... ....... 7 TABLE 7: Persons per Household by Housing Type..............................................8 TABLE 8: Library Impact Fee Schedule. ......................... ........................... ........9 TABLE 9: Building Cost Index......................................................................ll TABLE 10: Library Item Cost Index.......................................................... .....12 TABLE 11: Building and Library Item Values.............. .......................... ...........13 LIST OF FIGURES FIGURE 1: Collier County Library Impact Fee Cap..............................................9 Tindale-Oliver & Associates, Inc. March 2004 Collier County Library Impact Fee - Fina/ Report 1:\07316.03-Collier Library IF Partial Update\DocslCollier Library IF Report-final with cap - Revised 4-05.doc Agenda Item No. 17E June 28, 2005 Page 10 of23 COLLIER COUNTY LIBRARY FACILITIES AND ITEMS DEVELOPMENT IMPACT FEE I. INTRODUCTION Tindale-Oliver & Associates, Inc. (TOA) was retained by Collier County to conduct a review of its Library impact fee program. The current library impact fees range from $214 to $299 for residential land uses and were last updated in 2000. This report presents the results of the library facilities and items update impact fee study for the County. The Collier County Library System includes eight facilities: · Headquarters Library · Naples Branch · Vanderbilt Beach · East Naples · Estates Branch · Golden Gate · lmmokalee · Marco Island The library system serves all residents of Collier County and its municipalities. Library circulation is rising rapidly, from 1.3 million items in 1995 to nearly 2.8 million items in 2003, an increase of 115 percent in eight years. Approximately one quarter of the circulated items are for children's use. Over the past five years the County expanded square footage of the Marco Island Branch and constructed the new Headquarters Library. The expansion, construction, and furniture cost of these facilities totaled more than $10 million. For the period from 2004 to 2008, the County is planning to spend nearly $12.5 million to expand its facilities. Planned capital additions include: · Immokalee Branch Expansion · Golden Gate Branch Expansion · Naples Branch Library Expansion · South Regional Library (new) The last update of the County library impact fee was based on a 1999 study. Given this, the County determined that a Library Impact Fee update is required. The remainder of this report provides findings of the update study based on current information available. Tindale-Oliver & Associates, inc. March 2004 Collier County Library impact Fee - Final Report 1 1:107316.03-Col/ier Library IF Partial UpdatelDocslCol/ier Library IF Report-final with cap - Revised 4-05. doc Agenda Item No. 17E June 28, 2005 Page 11 of 23 II. OVERVIEW OF LIBRARY IMP ACT FEE There are six major elements associated with the development of the library facilities and items impact fee: · Level of Service Standards · Library Facility Costs · Library Items Impact Cost . Summary of Library Capital Costs and Associated Funding Sources · Net Library Facility and Items Impact Cost · Proposed Library Impact Fee Schedule These elements are summarized in this report, with the result being the net impact cost for new development in Collier County. The library impact fees are charged only to residential land uses and net impact cost is reflected in a cost per 1,000 square feet of residential living space. III. LEVEL OF SERVICE STANDARDS The following table provides a summary of the current level of service (LOS) for library books and other items in Collier County. Table 1 Collier County Library System - 2003 Level of Service 2003 Square Footage/ Weighted Current Level Category Count I Population 2 of Service Library Buildings 121,182 334,506 0.36 Library Books 535,974 334,506 1.60 Other Library Collection 85,554 334,506 0.26 (I) Source: Adapted from memorandum, Marilyn Matthes, Collier County Public Library, 11!4/2003 (2) Source: Collier County Comprehensive Planning Section, 9/17/2003 The weighted resident figure is adapted from the County's Comprehensive Planning estimates and is comprised of a weighted average of the year-round population and peak season population for Collier County. Tindale-Oliver & Associates, Inc. March 2004 Collier County Library Impact Fee -Final Report 2 1:\07316.03-Collier Library IF Partial UpdatelDocs\Collier Library IF Report-final with cap - Revised 4-05. doc Agenda Item No. 17E June 28, 2005 Page 12 of 23 A comparison of the current Collier County LOS, the LOS standard (LOSS), LOS of the other Florida counties, and the State Standards is presented in Table 2. These standards are used as a framework for computing the development impact fee for libraries. Table 2 Actual Level of Service and Level of Service Standards Collier County Collier County Other FL FL LOS Current LOS LOS Standard Counties LOS Standard LOS Measure (1) (2) (3) (4) Library Buildings 0.36 0.33 0.41 0.60 Library Books 1.60 1.60 1.81 2.00 Other Library 0.26 N/A 0.15 N/A Collection (5) (1) Source: Table 1 (2) Source: Adapted from memorandum, Marilyn Matthes, Collier County Public Library, 8/14/2003 and 2004 AUIR for Library Collection (3) Source: Department of State - Division of Library & Information Services - 2002 Library Directory with Statistics. (4) Source for buildings is the 1985 Standards and Guidelines for Florida Public Library Services. Source for books is the Basic Level of the 1995 Standards for Florida Public Libraries. (5) Other library collection for Collier County includes periodicals, audio cassettes, compact disks, video cassettes, CD-Roms, and DVDs. Other library collection for other Florida counties includes serial subscriptions, audio and video volumes. The County has a progressive LOSS for library books. The LOSS for books in FY 2003/2004 is 1.60 per resident, which is used as the standard in this study. This standard also indicates that the County does not have any deficiencies since the current LOS is also 1.60. The County does not have adopted standards for periodicals or other library collections. For these items the current LOS of 0.26 per weighted resident is utilized. IV. COSTS Costs are divided into facilities and items. Facility costs are based on the estimated cost to add the next library building, and the cost of library items is based on the average cost per unit. Tinda/e-Oliver & Associates, Inc. March 2004 Collier County Library Impact Fee -Fina/ Report 3 1:107316.03-Col/ier Library IF Partial UpdatelDocslCol/ier Library IF Report-final with cap - Revised 4-05 doc Agenda Item No. 17E June 28, 2005 Page 13 of 23 Library Facility Impact Costs Library building capital costs over the past several years were used to estimate a capital impact cost per county resident. For this study, the expenditures in the construction of the new Library Headquarters building are used. Table 3 summarizes the calculation of library facility costs. Table 3 Library Facility Impact Cost Element Units Total Cost Cost of Land, acres 1 5 $0 Cost of Building, square feet 42,000 $7,526,500 Cost of FurnitureÆquipment 1 $843,000 Total Capital Costs nla $8,369,500 Cost per square foot nla $199.27 Square feet per Resident n/a 0.332 Impact Cost per Resident n/a $65.76 Source: Adapted based on data provided by Marilyn Matthes, Collier County Public Library, 11/25/2003. (I) According to Collier County Public Library Representatives, libraries are generally built on donated land and that the Library System does not pay for land. (2) Level of service standard for library facilities. The total impact cost per resident for library facilities in Collier County is $65.76. Library Items Impact Cost The library items impact cost was estimated using the average cost per unit provided by the County. Table 4 illustrates these costs. Tindale-O/iver & Associates, Inc. March 2004 Collier County Library Impact Fee -Final Report 4 n07316.03-Co/lier Library IF Partial UpdatelDocslCollier Library IF Report-final with cap -- Revised 4-05.doc Agenda Item No. 17E June 28, 2005 Page 14 of 23 Table 4 Library Items Impact Cost Library Item Count Unit Cost Total Cost Books: Books 535,974 $25.00 $13,399,350 V olumes per Resident 1 1.60 Impact Cost per Resident -- Books $40.00 Other Library Items: Periodicals 1,900 $50.00 $95,000 Audio Cassettes 18,250 $45.00 $821,250 Compact Disks 10,664 $15.00 $159,960 Video Cassettes 44,709 $22.00 $983,598 CD-roms 315 $25.00 $7,875 DVDs 7,487 $20.00 $149,740 Audio Books 2,229 $50.00 $111,450 Total 85,554 $2,328,873 A verage cost $27.22 V olumes per Resident 2 0.26 Impact Cost per Resident -- Other Library Items $7.08 Total Library Items Cost per Resident $47.08 Source: Unit costs and counts are provided by Collier County. (1) Adopted standard for Collier County. (2) Current level of service. The total impact cost per resident for library items in Collier County is $47.08. Summary of Library Capital Costs and Associated Funding Sources Table 5 reports the revenues available for library capital expenditures during the past five years and the next five years, to 2008. Based on these data, capital expenditures over the past five years were funded completely with impact fees. Capital expenditures over the next five years will mostly be funded with impact fees as well. However, a small portion ofthe funding (less than two percent) will be secured through grants and donations. Tindale-Oliver & Associates, Inc. March 2004 Collier County Library Impact Fee -Final Report 5 1:I07316.03-Collier Library IF Partial UpdatelDocslCollier Library IF Report-final with cap -- Revised 4-05.doc -..-.-.--..-----..----- Agenda Item No. 17E June 28, 2005 Page 15 of 23 Table 5 Capital Revenue Sources -- Buildings Capital Investment 1998-2002 Source 2004-2008 Source Total Marco Island Branch $] ,766,307 Impact Fees $],766,307 Headquarters Library $8,369,500 Impact Fees $8,369,500 ImmokaJee Branch Expansion $340.000 Grants $340,000 ]mmokalee Branch Expansion $406,944 Impact Fees $406,944 ImmokaJee Branch Expansion $50,000 Donations $50,000 Golden Gate Branch Expansion $3,000,000 Impact Fees $3,000,000 South Regional Library $8,000,000 Impact Fees $8,000,000 Total $10,135,807 $1 ],796,944 $21,932,751 Impact Fee Funding $21,542,751 Impact Fee Funding Percent 98.22% Grants Funding $340,000 Grant Funding Percent 1.55% Donations Funding $50,000 Donation Funding Percent 0.23% Total Grant and Donation Funding $390,000 Grant and Donation Percent 178% Source: Adopted from memorandum, Marilyn Matthes, Collier County Public Library, 1/24/05. According to Collier County Public Library representatives, all capital expansIOn expenditures on library materials and items are funded with impact fees. v. NET LIBRARY FACILITY AND ITEMS IMP ACT COST To avoid over-charging new development or making double payments, a final set of calculations is undertaken. These include reducing the impact cost to reflect external revenues exclusive of impact fees (from State grants, donations, and other local revenue sources) that may be available to help finance library facilities and future purchases of library items. The additional annual revenues allocated to library facilities are divided by the total population to calculate a credit per resident for library facilities of $2.54 per resident. Table 6 presents the calculation of the credit discussed above, as well as the net library facility impact cost per resident. Tindale-Oliver & Associates, Inc. March 2004 Collier County Library Impact Fee -Fina/ Report 6 I. 107316. 03-Collier Library IF Partial UpdatelDocslCollier Library IF Report-final with cap -- Revised 4-05.doc Agenda Item No. 17E June 28, 2005 Page 16 of 23 Table 6 Net Library Facility Impact Cost Impact Cost/Credit Element Impact Costs Revenue Credits Buildings: Facility Cost per Resident (I) $65.76 Annual Revenue Sources: - State grantslDonations for Building Construction (2) $78,000 Estimated Average Annual Weighted Population (04-08) (3) 382,208 Average Annual Capital Funding per Weighted Resident: - State grantslDonations for Building Construction (4) $0.20 Capitalization Rate (5) 5% Capitalization Period (years) (6) 20 Total Revenue Credit oer Weighted Resident -- Buildings (7) ($2.54) Net Impact Cost per Weigthed Residents (Buildings) (8) $63.22 Librarv Items: Total Impact Cost per Weigthed Resident (Library Items): - Book Costs (9) $40.00 - Other Library Item Costs (10) $7.08 Total Impact Cost per Weigthed Resident (11) $47.08 Annual Revenue Sources: - State grantslDonations/General Fund for Library Item (12) $0 Total Revenue Credits per Weighted Resident -- Library Items (13) $0 Net Impact Cost per Wei!!thed Resident (Library Items) (14) $47.08 Total Net Impact Cost per Wei!!hted Resident (15) $110.30 Note: Figures may not be precise to the decimal due to rounding. The table is summarized as follows: (1) From Table 3 (2) As presented in Table 5, during FYs 2004-2008, the County will use $390,000 of non-impact fee revenues toward the construction of the library buildings. This results in an annual amount of $78,000 ($390,000 / 5). (3) The population figure used in the calculations is based on population projections provided by the Collier County Comprehensive Planning Section for the next five years. (4) Item 2 divided by Item 3. (5) Capitalization rate is estimated at five percent. (6) Capitalization period is estimated at 20 years. Tindale-Oliver & Associates, Inc. March 2004 Collier County Library Impact Fee nFinal Report 7 1:\07316.03-Collier Library IF Partial UpdatelDocslCollier Library IF Report-final with cap - Revised 4-05. doc Agenda Item No. 17E June 28, 2005 Page 17 of 23 (7) Present value of the $0.20 over a 20-year period with a capitalization rate of5 percent. (8) Total cost (item I) less the credit (item 7). (9) From Table 4. (10) From Table 4. (II) The addition of items 9 and 10. (12) According to Collier County Library Division, all new/additional library materials are purchased with impact fees. Therefore, the funding from non-impact fee revenues is $0. (13) Given the explanation under footnote (12), the credit for library items/materials is $0. (14) Item 11 less item 13. (15) Addition of items 8 and 14. VI. PERSONS PER HOUSEHOLD BY LAND USE The final calculation of the library impact fee is dependent upon household size (persons per household), which varies by residential land use. Table 7 presents the persons per household for residential uses to be included in the library impact fee schedule, which is estimated at 1.599 based on the 2000 Census. Table 7 Persons per Household by Housing Type, Collier County Residents Land Use Impact Unit Per Unit (1) Residential 1000 sf 1.599 Source: Estimate from 2000 Census by Growth Management Analysts, Inc. VII. PROPOSED LIBRARY IMPACT FEE SCHEDULE A library impact fee schedule was developed for residential land uses and is illustrated in Table 8. The net impact cost per resident calculated in the previous section is applied to the average persons per unit by land use. The result is the total impact fee for the residential land use. Tindale-Oliver & Associates, Inc. March 2004 Collier County Library Impact Fee -Final Report 8 1.\07316.03-CoJlier Library IF Partial UpdatelOocslCo/lier Library IF Report-final with cap -- Revised 4-05. doc Agenda Item No. 17E June 28, 2005 Page 18 of 23 Table 8 Library Impact Fee Schedule Residents per Net Cost per Total Impact Residential Land Use Impact Unit Unit Resident Fee Residential 1000 Sq.Ft 1.599 $110.30 $176.37 VIII. PROPOSED LIBRARY IMP ACT FEE CAP The proposed Library Impact Fee Schedule calculates the library impact fee per 1,000 square feet of residential land use. Based on County guidance, an effort was made to detennine a cap for the impact fee that would be set at a specific square footage for all residential land uses. This cap, which is proposed to be 4,000 square feet, prevents the impact fee from increasing beyond the fee calculated for a residential dwelling unit of 4,000 square feet. Therefore, for any residential land use that is greater than or equal to 4,000 square feet, the fee would remain constant at $705.48 (4 x $176.37). The cap was calculated by determining the square footage of residential dwelling units at which the household size levels off, since the impact fee is driven by the cost per person, or resident. Data from the 2001 American Housing Survey and 2001 National Personal Transportation Survey indicate that for residential units of 2,500 square feet or larger, the growth rate at which the number of persons per household increases begins to taper off. This concept is illustrated in Figure 1. Figure 1 Collier County Library Impact Fee Cap I ~------ -.. 3.500 3.000 'C I Õ 2.500 'i I ~ 2.000 I ~ 1.500 I ~ 1.000 1m i c 0.500 I f 0.000 1m I D.. ~Ç) '); ---..-------...- -- --_..._._------._._-----_.._.,~----_._.._- . ~·----l I .-~·_--,,..--·"...,,....,....--~",_:_:·-·-~·~-:__....,...,.-·:.l _ 2001 Actual AHS/NHTSData ... 20 t ted AH ta _..__.,...._._~.~~--_._._---~.~_._~.-..~- ~Ç) ~Ç) ~Ç) ~Ç) ~Ç) ~Ç) ~Ç) '\ ,,'l,; ~ ",'l,; rV n;,'l,; ~ Square Feet Sources: 20001 American Housing Survey and 2001 National Personal Transportation Survey Tindale-Oliver & Associates, Inc. March 2004 Collier County Library Impact Fee -Final Report 9 1:\07316.03-Collier Library IF Partial UpdatelDocslCollier Library IF Report-final with cap - Revised 4-05. doc Agenda Item No. 17E June 28, 2005 Page 19 of 23 Data from the 2001 American Housing Survey were only available for categories of residential units "2,500 square feet or greater." Therefore, in order to determine at what square footage the average household size declines, data from these two sources were extrapolated and the persons per household for a number of different square-footages categories was determined. After reviewing the data, it is evident that, because of the limitation of the available size categories, there is a very slow decrease in the extrapolated persons per household figures for residential units greater than 2,500 square feet. This review, along with discussions with County staff, led to the decision that 4,000 square feet would be established as the size of residential unit at which the library impact fee would be capped. Therefore, all residential units greater than 4,000 square feet in size pay $705.48, the impact fee for a 4,OOO-square foot residential land use. IX. ANNUAL INDEXING OF FEE COMPONENTS Currently, Collier County library impact fees are reviewed every three years instead of on an annual basis with no adjustment to the fee schedule during this period. This may create a situation where major adjustments become likely during updates due to the time between the adjustments. Discussions with the County Library System representatives indicated that typically, libraries are built on donated land. Therefore, library fee indexing will focus on changes in the cost of constructing buildings and purchasing library items. Building Costs The cost of building libraries should be indexed in a fixed amount each year based on the building cost index provided by the Engineering News-Record. As presented in Table 9, over the past ten years, the average increase in building cost has been approximately 2.1 percent. Tindale-O/iver & Associates, Inc. March 2004 Collier County Library Impact Fee -Final Report 10 /'I07316.03-Colfier Library IF Partial UpdatelDocslCollier Library IF Report-final with cap - Revised 4-05. doc Agenda Item No. 17E June 28, 2005 Page 20 of 23 Table 9 Building Cost Index Year Annual Avg Percent Change 1993 2996 1994 3111 3.8% 1995 3111 0.0% 1996 3203 3.0% 1997 3364 5.0% 1998 3391 0.8% 1999 3456 1.9% 2000 3539 2.4% 2001 3574 1.0% 2002 3623 1.4% 2003* 3688 1.8% Average 2.1% *Through November only Source: Engineering News-Record, Building Cost Library Item Costs The cost of library items should be indexed in a fixed amount each year based on the consumer price index for the Miami-Ft. Lauderdale area provided by the Bureau of Labor Economics. As presented in Table 10, over the past ten years, the average increase in building cost has been approximately 2.6 percent. Tindale-Oliver & Associates, inc. March 2004 Collier County Library impact Fee -Final Report 11 1"I07316.03-Col/ier Library IF Partial UpdatelDocslCol/ier Library IF Report-final with cap -- Revised 4-05. doc Agenda Item No. 17E June 28, 2005 Page 21 of 23 Table 10 Library Item Cost Index Year Annual Index Percent Change 1993 139.1 1994 143.6 3.2% 1995 148.9 3.7% 1996 153.7 3.2% 1997 158.4 3.1% 1998 160.5 1.3% 1999 162.4 1.2% 2000 167.8 3.3% 2001 173.0 3.1% 2002 175.5 1.4% 2003* 180.0 2.6% Average 2.6% *Halfyear Source: US Department of Labor, Bureau of Labor Statistics, CPI - Miami-Ft. Lauderdale, FL Application It may be useful to illustrate how these indices can be applied. As presented in Table II, of the $40 million total library capital value, approximately 61 percent is for the buildings and 39 percent is for library items. Applying these percentages to the average cost increases presented previously would provide a combined index of 2.3 percent [(2.1 x 0.61) + (2.6 x 0.39) = 2.3], which then can be applied to all fees presented previously in Table 9. For example, using this index, the cost for 1,000 square feet of residential land use would increase from $176.37 to $180.43 [(176.37) * (1+0.023) = $180.43] at the end of the first year. Tindale-Oliver & Associates, Inc. March 2004 Collier County Library Impact Fee -Final Report 12 1:\07316.03-Collier Library IF Partial UpdateIDocslCollier Library IF Report-final with cap - Revised 4-05.doc Agenda Item No. 17E June 28, 2005 Page 22 of 23 Table 11 Building and Library Item Values Cost per Unit Total Value Percent of Unit (1) (2) (3) Total Value Value of Buildings (st) 121,182 $199.27 $24,148,399 61% Value of Library Items 621,528 $25.31 $15,728.223 39% $39,876,622 (1) Source for unit is Table 1. (1) Source for building unit cost is Table 3. (2) Source for total value of the library items is Table 4. (3) Note: Figures may not multiply due to rounding. Tindale-Oliver & Associates, Inc. March 2004 Collier County Library Impact Fee --Final Report 13 1:107316.03-Collier Library IF Partial UpdatelDocslCollier Library IF Report-final with cap - Revised 4-05. doc íI COLLIER COUNTY IMPACT FEES~Uang~2l3;?~~ · 2,800 SQUARE FOOT SINGLE FAMILY HOME (2,500 LIVING AREA) . Updated June 10, 2005 . COMMUNITY PARKS ~I $822 I REGIONAL PARKS ~I $821 I LIBRARY ~I $452 I (wI proposed change) ROAD ~I $7,062 I EMS ~I $130 I SCHOOL ~I $1 J 778 I JAIL ~I $118 I I GENERAL GOVERNMENT ] ~I $353 I WATER ~I $2,660 I SEWER ~I $3,010 ] FIRE ~] $420 I PROPOSED ~I $103 I LAW ENFORCEMENT TOTAL ~I $17,729 I (with Library change) TOTAL ~I $17,648 I (Current wi Law Enforcement) DOLLAR CHANGE ~I $81 I (with Library change) ,-----------..------- ------------------ - - ._------~- .-_....---.---